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.