HOUSE COMMITTEE ON JUDICIARY

May 07, 2003 Hearing Room 357

1:00 p.m. Tapes 179 - 180

MEMBERS PRESENT: Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

STAFF PRESENT: Bill Joseph, Counsel

Ann Martin, Committee Assistant

MEASURE/ISSUES HEARD: SB 14A Public Hearing and Work Session

SB 17A Public Hearing and Work Session

SB 38A Public Hearing and Work Session

SB 194 Public Hearing and Work Session

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
TAPE 179, A
003	Chair Williams	Calls the meeting to order at 1:40 p.m. Opens a public hearing on SB 14A.
SB 14A PUBLIC HEARING
007	Layne Sawyer	Manager, Oregon State Archives Division. Submits testimony and testifies in support of SB 14A which modifies period for retention of state records about child abuse (EXHIBIT A).
027	Mickey Serice	Department of Human Services. Submits testimony and testifies in support of SB 14A (EXHIBIT B).
052	Chair Williams	Asks why those records had a 75-year retention date on them.
057	Sawyer	Answers that the change in retention was changed in 1989.
071	Kelly Skye	Oregon Criminal Defense Lawyers Association. Testifies as neutral on SB 14A.
095	Rep. Barker	Asks what Ms. Skye would think is an appropriate period for retention.
098	Skye	Says she is not sure.
131	Bill Joseph	Committee Counsel. Discusses the Senate meetings regarding this bill and the amendment. Says the 75-year period for retention of state records did come during the height of the repressed memory phenomenon.
186	Rep. Prozanski	Asks about the time period for minors.
189	Joseph	Answers that it would be the time the record (report) was made.
201	Chair Williams	Closes the public hearing on SB 14A and opens a work session.
SB 14A WORK SESSION
196	Rep. Prozanski	Asks when a child becomes of age (18 years old) are they still able to move forward on their own with child abuse charges.
217	Joseph	Explains how the time period can be extended to keep the records.
239	Vice Chair Ackerman	Comments that any records retention should be at least for the statute of limitations for abuse cases involving minors.
246	Serice	Explains that the 6 and 12-year timeline is from the date of closure.
259	Rep. Prozanski	Suggests Mr. Serice may want to check with the attorneys regarding the department retaining the records until children reach the age of majority.
247	Serice	Says that they will be meeting during the interim to discuss that.
274	Rep. Prozanski	MOTION: Moves SB 14A to the floor with a DO PASS recommendation.
		VOTE: 7-0-2 EXCUSED: 2 - Krummel, Shetterly
280	Chair Williams	Hearing no objection, declares the motion CARRIED. REP. PROZANSKI will lead discussion on the floor.
287	Chair Williams	Closes the work session on SB 14A and opens a public hearing on SB 17A.
SB 17A PUBLIC HEARING
294	Bob Joondeph	Oregon Advocacy Center. Submits testimony and testifies in support of SB 17A which declares state government will not exclude disabled persons from participation in or deny benefits of services, programs or activities of state government or discriminate because individual is disabled (EXHIBIT C).
376	Chair Williams	Asks Mr. Joondeph to explain how a disabled person would sue the state for discrimination.
389	Joondeph	Explains their options.
420	Rep. Barker	Wonders about the language regarding the use of drugs.
426	Joondeph	Says that he doesn’t know about that language, it was added by the Legislative Counsel.
432	Rep. Shetterly	Explains what the language does.
440	Vice Chair Anderson	Says that he believes in the overall intent of the bill. Asks about the Americans with Disabilities Act (ADA).
460	Joondeph	Discusses the ADA and how it helps people.
TAPE 180, A
014	Vice Chair Anderson	Says that he has heard complaints that ADA has gone too far. Asks if there is any way to change the ADA laws.
016	Joondeph	Answers that the ADA helps people that have suffered a limitation and is a good process. Gives example.
035	Vice Chair Anderson	Asks if there is any other way to reduce the ADA laws. Gives example of too many disabled parking places.
051	Joondeph	Says that that law was established through federal regulations.
070	Vice Chair Ackerman	Comments that the courts have been establishing what constitutes a disabled person by case law. Says that at the state level and federal level, you can fine tune those definitions.
083	Chair Williams	Closes the public hearing on SB 17A and opens a work session.
SB 17A WORK SESSION
085	Rep. Barker	MOTION: Moves SB 17A to the floor with a DO PASS recommendation.
		VOTE: 9-0
090	Chair Williams	Hearing no objection, declares the motion CARRIED. REP. BARKER will lead discussion on the floor.
095	Chair Williams	Closes the work session on SB 17A and opens a public hearing on SB 38A.
SB 38A PUBLIC HEARING
107	Robin Pope	Attorney, Oregon State Bar Family Law Section. Submits testimony and testifies in support of SB 38A which specifies circumstances giving Oregon courts jurisdiction in adoption proceedings (EXHIBIT D).
227	Kathy Ledesma	Adoption’s Manager, Department of Human Services. Testifies in support of SB 38A.
267	David Nebel	Oregon Law Center. Submits testimony and testifies in opposition to SB 38A (EXHIBIT E).
313	Pope	Comments on Nebel’s testimony. Says that no one can file an adoption in Oregon without consent from the parent.
341	Vice Chair Ackerman	Asks Ms. Pope about a requirement for a parent to live six months in a state.
361	Pope	Explains that if a child has been in a state at least six consecutive months then the jurisdiction would be in that state.
382	Vice Chair Ackerman	Expresses his concerns.
411	Chair Williams	Explains the bill.
TAPE 179, B
017	Ledesma	States that there is another level or regulation on this with the interstate commerce.
025	Rep. Krummel	Asks how this will effect foreign adoptions.
031	Ledesma	Says that almost all of the adoptions are finalized in the child’s country of origin.
038	Pope	Says that the primary countries where the adoptions are not finalized are India and Korea.
046	Chair Williams	Closes the public hearing on SB 38A and opens a work session.
SB 38A WORK SESSION
050	Rep. Shetterly	MOTION: Moves SB 38A to the floor with a DO PASS recommendation.
		VOTE: 9-0
056	Chair Williams	Hearing no objection, declares the motion CARRIED. REP. ANDERSON will lead discussion on the floor.
062	Chair Williams	Closes the work session on SB 38A and opens a public hearing on SB 194.
SB 194 PUBLIC HEARING
068	Thomas Mattis	Deputy Administrator, Department of Consumer and Business Services. Submits testimony and testifies in support of SB 194 which revises securities law. (EXHIBIT F).
131	Chair Williams	Closes the public hearing on SB 194 and opens a work session.
SB 194 WORK SESSION
134	Rep. Macpherson	MOTION: Moves SB 194 to the floor with a DO PASS recommendation.
		VOTE: 9-0
140	Chair Williams	Hearing no objection, declares the motion CARRIED. REP. MACPHERSON will lead discussion on the floor.
144	Chair Williams	Closes the work session on SB 194 and adjourns the meeting at 2:45 p.m.

EXHIBIT SUMMARY

A – SB 14A, written testimony submitted by Layne Sawyer, 1 pg.

B – SB 14A, written testimony submitted by Mickey Serice, 2 pgs.

C – SB 17A, written testimony submitted by Bob Joondeph, 2 pgs.

D – SB 38A, written testimony submitted by Robin Pope, 1 pg.

E – SB 38A, written testimony submitted by David Nebel, 1 pg.

F – SB 194, written testimony submitted by Thomas Mattis, 4 pgs.