HOUSE COMMITTEE ON JUDICIARY

 

 

May 28, 2003 Hearing Room 357

1:00 PM Tapes  206 – 208

 

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:                  Craig Prins, Counsel

                                                Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 801A Public Hearing and Work Session

                                                SB 752A Public Hearing

                                                SB 621A Public Hearing

                                                SB 348A Work Session

                                                SB 46A 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 206, A

003

Chair Williams

Calls the meeting to order at 1:12 p.m. Opens a public hearing on SB 801A.

SB 801A PUBLIC HEARING

008

Senator Kate Brown

Senate District 21. Testifies in support of SB 801A which imposes automatic restraining order on parties to marital annulment, separation or dissolution proceeding.

041

Chair Williams

Asks if there was any opposition to the bill in the Senate.

043

Sen. Brown

Answers. No, there was not.

045

Rep. Krummel

Questions whether the bill is needed when the parties involved are already amiable.

051

Sen. Brown

Explains what the bill does and says it is a protective measure for those situations where the negotiations are not amiable.

064

Vice Chair Ackerman

Questions the venue in which the rules would be established.

070

Sen. Brown

Indicates that she does not know which venue, but points out that it would be a standard property restraining order.

075

Vice Chair Ackerman

Points out the possible need to indicate in statute which court the rule would be established.

077

Sen. Brown

Acknowledges.

079

Nancy Miller

Director of Court Programs and Services, State Court Administrator’s Office. Says that their intent is to develop the forms through their office.

091

Rep. Jenson

Clarifies that the bill would keep someone who is involved in a divorce from changing their insurance beneficiary.

098

Sen. Brown

Explains that this would be one of the intents of the measure, but points out some possible exceptions.

102

Rep. Jenson

Clarifies that if he were to get divorced, he could not change his beneficiary after he is divorced.

104

Sen. Brown

Answers that would be determined during the divorce proceeding.

130

Vice Chair Anderson

Asks about an earlier bill regarding this issue.

136

Rep. Macpherson

Explains that is an entirely different problem that takes place after the divorce has occurred, while the bill at issue takes place during the divorce.

143

Rep. Krummel

Asks if this bill’s intention is that assets which are jointly owned remain protected until after the divorce is final.

154

Sen. Brown

Acknowledges.

165

Chair Williams

Closes the public hearing on SB 801A and opens a work session.

SB 801A WORK SESSION

170

Vice Chair Anderson

MOTION:  Moves SB 801A to the floor with a DO PASS recommendation.

172

Vice Chair Ackerman

Points out that a restraining order can already be obtained in circuit court.

188

Rep. Krummel

Explains that at first he was going to oppose the bill, but indicates his current support.

208

Rep. Jenson

Indicates his opposition to the bill, and further outlines his concerns.

211

Rep. Barker

States that he will support the bill.

235

 

VOTE:  7-1-1

AYE:               7 - Ackerman, Anderson, Barker, Krummel, Macpherson, Prozanski, Williams

NAY:               1 - Jenson

EXCUSED:     1 - Shetterly

240

Chair Williams

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

248

Chair Williams

Closes the work session on SB 801A and opens a public hearing on SB 752A.

SB 752A PUBLIC HEARING

252

Hardy Myers

Oregon Attorney General. Testifies in support of SB 752A which creates Sexual Assault Victims’ Emergency Medical Response Fund. Points out the removal on the Senate side of the funding for emergency contraception.

360

Rep. Prozanski

Ask the Attorney General to elaborate on the fund which has been removed from the bill.

365

Myers

Comments on the function of the fund in question.

380

Rep. Barker

Clarifies that the fund which was removed allowed for emergency contraception, which is different from abortion. Introduces the proposed –A3 amendments (EXHIBIT A).

385

Myers

Comments on the concerns of several organizations and legislators regarding this issue. Points out those concerns may have hindered the progress of the bill, even though the issue in question is not a major tenant of SB 752A.

400

Rep. Barker

Further comments on the difference between emergency contraception and abortion, and points out his concerns with causing a rape victim to carry a rapist’s baby.

420

Myers

Recognizes Rep. Barker’s concerns. Indicates his wish to report back to the committee to better outline the issue. Points out that this bill would not limit any hospital’s current practice of offering emergency contraception.

TAPE 207, A

010

Vice Chair Ackerman

Asks whether the task force considered the privacy rights of the victim when drafting the legislation. Refers to statute which may cover this situation.

015

Myers

Clarifies with whom the victim’s privacy rights may be at risk.

020

Vice Chair Ackerman

Points out the Department of Justice would be collecting medical and other information from the victim, and asks whether this information would be subject to public disclosure.

022

Myers

Indicates that, while he does not know whether this issue came up during discussions on the bill, he will find out if this information is protected.

025

Vice Chair Ackerman

Points out the need to address this issue.

030

Rep. Jenson

Asks for further clarification regarding section 2, subsection 5 of the bill. Clarifies that the victim of a sexual assault is able to receive the funds even if the assault is not reported to a law enforcement agency.

045

Myers

Discusses the issue of reporting and whether it should be mandatory or a choice of the victim.

062

Connie Gallagher

Administrator, Department of Justice. Addresses the issue of reporting. Submits testimony and testifies in support of SB 752A (EXHIBIT B).

074

Vice Chair Anderson

Clarifies that there would not be a report made after the exam.

 

082

Myers

Recalls that it would not necessarily be reported, and further comments on the percentage of those cases which are reported. Reiterates the reasons for the lack of reporting.

112

Rep. Krummel

Wonders if this bill is gender specific.

120

Myers

Says he does not think the bill is gender specific.

132

Rep. Krummel

Recalls that some sexual assaults are perpetrated on males, and points out their need to receive this help.

143

Myers

Reiterates that as he reads the bill, it is not gender specific.

149

Chair Williams

Asks that the Attorney General’s office get back to the committee regarding the questions which have been raised.

155

Myers

Indicates that his office will address those concerns in about one week.

160

Dave Fiskum

Providence Health Systems, Providence Health Plans, PacifiCare of Oregon. Testifies in support of SB 752A.

211

Bruce Bishop

Oregon Association of Hospital and Health Systems. Testifies in support of SB 752A.

243

John Powell

Regence Blue Cross/Blue Shield of Oregon. Testifies in support of SB 752A.

266

Rep. Prozanski

Asks about the possible fees involved.

272

Bishop

Indicates that he reads the bill differently, and comments on Rep. Prozanski’s interpretation.

299

Rep. Jenson

Asks what happens to the DNA evidence when there is no police reporting.

311

Myers

Recalls that the evidentiary byproduct of an examination would remain a part of the victims file.

350

Rep. Jenson

Clarifies that this evidence in retained for possible use in a future trial.

360

Myers

Acknowledges.

344

Rep. Barker

Assumes that since the issue is a rape kit that has been used in treating a rape victim, any evidence would go on record with the state police.

357

Myers

Points out that unless the victim reports the crime, the evidence collected may not be forwarded to the police.

375

Chair Williams

Closes the public hearing on SB 752A and opens a public hearing on SB 621A.

SB 621A PUBLIC HEARING

435

Kathy Ledesma

Program Manager for Adoptions, Department of Human Services (DHS). Submits testimony and testifies in opposition to SB 621A which expands category of persons who may enter into written agreements with adoptive parent to continue contact with adopted child to include birth relatives (EXHIBIT C).

TAPE 206, B – NOT USED

TAPE 208, A

063

Senator Kate Brown

Senate District 21. Testifies in support of SB 621A.

106

Rep. Prozanski

Clarifies specific wording in the bill. Asks what connections to the child make an individual a “relative.”

110

Ledesma

Comments on the requirements for being in the “relative” category.

132

Chair Williams

Asks Sen. Brown whether she feels the bill could be worked further with the DHS.

138

Sen. Brown

Indicates that she is willing to work further on the bill with DHS, and asks if the committee has any other guidance on what should be addressed during those negotiations.

153

Vice Chair Ackerman

Suggests that the definition of “birth relative” be narrowed to be the psychological parent of the child.

175

Chair Williams

Comments on the fiscal impact of the various definitions.

180

Sen. Brown

Points out the possible drawbacks of limiting the definition.  

184

Chair Williams

Closes the public hearing on SB 621A and opens a work session on SB 348A.

The following prepared testimony is submitted for the record without public testimony for SB 348A:

 

Gail Friedly

Submits written testimony (EXHIBIT F).

 

Meg Goldberg

Submits written testimony (EXHIBIT G).

 

Linda Scher

Submits written testimony (EXHIBIT H).

SB 348A WORK SESSION

190

Craig Prins

Committee Counsel. Introduces SB 348A which increases maximum fine for driving while under influence if child is passenger in vehicle. Introduces the proposed –A2 amendments (EXHIBIT D).

239

Rep. Shetterly

Asks for clarification of specific wording in the amendments.

245

Committee

Discusses and clarifies the language in question.

264

Senator Rick Metsger

Senate District 26. Testifies in support of SB 348A.

275

Rep. Prozanski

MOTION:  Moves to ADOPT SB 348A-A2 amendments dated 05/23/03.

 

 

VOTE:  9-0

280

Chair Williams

Hearing no objection, declares the motion CARRIED.

285

Rep. Prozanski

MOTION:  Moves SB 348A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

AYE:            In a roll call vote, all members present vote Aye.

290

Chair Williams

The motion CARRIES.

REP. ANDERSON will lead discussion on the floor.

298

Chair Williams

Closes the work session on SB 348A and opens a work session on SB 46A.

SB 46A WORK SESSION

302

Craig Prins

Committee Counsel. Offers a description of SB 46A and introduces the proposed –A2 amendments (EXHIBIT E).

310

Rep. Shetterly

Offers a description of the –A2 amendments.

330

Rep. Shetterly

MOTION:  Moves to ADOPT SB 46A-A2 amendments dated 05/19/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Prozanski

335

Chair Williams

Hearing no objection, declares the motion CARRIED.

340

Rep. Shetterly

MOTION:  Moves SB 46A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Prozanski

345

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

355

Chair Williams

Closes the work session on SB 46A and adjourns the meeting at 2:30 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 752A, -A3 amendments, Rep. Barker, 1 p.

B – SB 752A, written testimony, Connie Gallagher, 1 p.

C – SB 621A, written testimony, Kathy Ledesma, 2 p.

D – SB 348A, -A2 amendments, staff, 2 pp.

E – SB 46A, -A2 amendments, Rep. Shetterly, 1 p.

 

The following exhibits are listed out of order in the body of the tape log:

F – SB 621A, written testimony, Gail Friedly, 1 p.

G – SB 621A, written testimony, Meg Goldberg, 2 pp.

H – SB 621A, written testimony, Linda Scher, 2 pp.