HOUSE COMMITTEE ON JUDICIARY

 

 

June 10, 2003 Hearing Room 357

1:00 pm Tapes  218 - 220

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Bob Jenson

 

STAFF PRESENT:                  Craig Prins, Counsel

                                                Bill Joseph, Counsel

                                                William Taylor, Counsel

Nancy Massee, Committee Assistant

 

 

MEASURE/ISSUES HEARD:        

                                                SB 391A Public Hearing and Work Session

                                                SB 267 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 218,  A

004

Chair Williams

Opens meeting at 1:00 pm. Opens work session on SB 391A.

SB 391A PUBLIC HEARING

022

John Wittmayer

Circuit Judge, Multnomah County. Testifies in support of SB 391A which requires $25 fee when marriage solemnized by judicial officer, and submits written testimony (EXHIBIT A).   Discusses the amendments to the bill. 

104

Bill Joseph

Committee Counsel. Explains the -A6 amendments (EXHIBIT B) contain previous amendments.

114

Chair Williams

Discusses Section 1 of the –A6 amendments.

130

Rep. Prozanski

Discusses how an application process will prolong action.

142

Rep. Anderson

Asks why municipal judges and justices of peace are removed.

150

Judge Wittmayer

Answers that the concern was with the budget.

170

Rep. Shetterly

Asks if county clerks are authorized to perform weddings.

175

Judge Wittmayer

Responds that Multnomah County does not do weddings, this bill raises the fee.

186

Judge Ed Jones

Circuit Court Judge of Multnomah County. Testifies in support of SB 391A.  Wants to roll the fee into the initial cost of the wedding. Wants $25 increase on all weddings collected by county clerks.

228

Chair Williams

Comments on charging for judges performing weddings versus raising wedding fees on all weddings.

281

Joseph

Explains the intent of the bill to allow either county clerk or clerk of the court to collect all fees in one place.

267

Judge Wittmayer

Testifies on fiscal impact of the bill that shows an increase in income of about $267,422.  Presents statistics on number of civil weddings in Oregon for the year 2001. Says the net new income would approximate $250,307 based on those figures.

TAPE 219, A

005

Judge Wittmayer

Relates revenue from marriage fees from this bill.

012

Chair Williams

Closes public hearing on SB 391A.  Opens work session on SB 391A.

014

Staff

Submits testimony for Senator Frank Shields in support of SB 391A (EXHIBIT C).

SB 391A WORK SESSION

015

Rep. Prozanski

MOTION:  Moves to ADOPT SB 391A-6 amendments dated 5/21/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Shetterly

016

Chair Williams

Hearing no objection, declares the motion CARRIED.

018

Rep. Prozanski

MOTION:  Moves SB 391A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Shetterly

019

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

020

Chair Williams

Closes work session on SB 391A. Opens work session on SB 267.

SB 267 WORK SESSION

025

Bill Taylor

Committee Counsel.  Explains SB 267 which creates position on Board on Public Safety Standards and Training for representative of largest collective bargaining unit of Department of Corrections, and the -1 amendments (EXHIBIT D).

065

Chair Williams

Makes statement in support of SB 267. Discusses the -1 amendments created by the work group.

105

Phil Lemman

Director, State Criminal Justice Commission and Juvenile Crime Prevention Advisory Committee, neither of which has taken a stand on this legislation. Testifies in support of SB 267 and the -1 amendments and submits testimony (EXHIBIT E).  Discusses definitions in the bill. States the bill should address rural areas and minorities.

190

Rep. Prozanski

Asks how the programs will be assisted to meet the criteria mentioned.

192

Lemman

Replies the agency will adopt rules in research and financing assessment to determine what is cost effective.

210

Donna Middleton

Director, State Commission on Children and Families.  Testifies in support of SB 267.  Describes being a member of the work group. Explains drafting of administrative rules.

200

Bob Nikkel

Administrator, State Office of Mental Health and Addiction Services. Testifies in support of SB 267.  Mentions how his agency will have to make changes.   

280

Karen Brazeau

Director, Oregon Youth Authority. Testifies in support of SB 267.

341

Benjamin de Haan

Interim Director, Department of Corrections (DOC).  Testifies in support of SB 267 and submits testimony  (EXHIBIT F).  Supports the -1 amendments.  DOC supports SB 267 and is ready to implement bill.

352

Rep. Anderson

Discusses how evidence-based programs would be difficult in rural areas. It would be easier to take evidence based practices rather than the full program.

360

Brazeau

Explains that is the practice carried on today. Agencies have providers. Talks about least expensive versus most effective practices.  Stresses the importance of effective services.

365

de Haan

States there are many types of evidence-based programs. Explains that DOC requires substantiation for research programs.

370

Rep. Anderson

Comments on the Grants Pass program.

TAPE 218, B

010

Brazeau

States SB 267 does not require exact replication.

015

Rep. Macpherson

Discusses the -1 amendments. Wants to know about the remaining 25 percent of evidence-based programs.

020

de Haan

Answers that his opinion is that he would go 100 percent behind the walls. Replies that the DOC opinion is that programs behind the wall programs are very controlled and different form community programs.

025

Brazeau

Discusses how she feels that there should be some trial period first before evaluations can be determined. States the programs for kids will be under-evaluated

030

Middleton

States that the work group emphasized innovative programs. The work group wants good results.

040

Nikkels

Discusses how the Oregon State Hospital needs flexibility. Some peoples’ needs cannot be determined right away.

050

Lemman

Discusses that kids come into the system with a multitude of problems and programs need to address these many problems with wrap around services. Says the standards proposed are strict.

113

Chair Williams

States this issue will stay on the interim Judiciary Committee’s agenda.

128

Rep. Macpherson

Comments that he thought the failure to go to 100% was addressed by the witnesses.

135

Taylor

Asks if Mr. Latessa will be back. 

140

de Haan

Replies Portland State University will offer seminars in Portland and in Salem. 

145

Rep. Prozanski

Asks questions about the work group. Were any stakeholders or contractors there?

150

Lemman

Replies that Juvenile Crime Prevention Committee expressed interest. Says there were mixed input including proposed policy changes. States this is a significant undertaking.

155

Middleton

Describes how local Commission on Children and Families were informed of the work group and they provided feedback.

168

Rep. Prozanski

Discusses funding. Programs cannot work without funding. What does the work group say about funding?

196

de Haan

DOC has more latitude in planning programs internal to the department. States the local programs have been historically under-funded.

200

Chair Williams

Discusses costs. Can we afford not to have these programs?

240

Rep. Prozanski

Asks who makes decisions on whether programs are working or not and to continue or discontinue.

250

Lemman

Describes how the work group will report back in a year to the committee.

255

Brazeau

Replies that the groups have not approved drafts so far.

260

Rep. Prozanski

Asks if focus will be on the outcomes.

334

Brazeau

Replies that the intent of the bill is to have positive outcomes, but clients differ individually so outcomes are not easy to define.

350

Chair Williams

Comments on limitations of studies on programs.

373

Rep. Krummel

Asks about page 2, Section 3, subsection 5, line 5, scientifically based research.  What will be acceptable as reliable and statistically valid?  Are programs already in national norms being used?

TAPE 219, B

004

de Haan

Replies about programs and statistics available to use as tests. Describes DOC programs and how they can be tracked.

015

Nikkels

Discusses how adult mental health practices are tracked by Dartmouth Mental Health Research Center. Describes tools already developed to measure and assess programs.

025

Rep. Krummel

Comments on spending dollars on what is already known. Refers to page 3, subsection 4, and line 11.

035

Brazeau

Replies that each agency would report to the legislature who will respond to agency budgets.  

050

Taylor

Describes Legislative Counsel’s opinion (EXHIBIT G). Says the next legislature cannot be bound.

071

Chair Williams

Describes how the next legislature may consider the bill during the interim.

076

Rep. Krummel

Discusses performance evaluation and budget. Asks if there will be a shift in funds from DHS to DOC.

101

de Haan

Discusses how more effective programs would reduce numbers of people returning to prison system.

134

Mary Botkins

American Federation of State-County Municipal Employees (AFSCME).  Testifies in support of SB 267 and amendments. Relates concern about lack of oversight provided by the bill.   

173

Janet Arenz

Oregon Alliance for Child Advocacy. Testifies in support of SB 267.  Explains how the Alliance addresses treatment needs for children, youth, and families.  Discusses evidence-based programs in the agency.

287

Steve Doell

Crime Victims. Supports SB 267. States there are some concerns about this bill. Suggests an audit function. Suggests weighing programs carefully. Refers to the Deschutes program which had been studied but ultimately was a failure.

426

Rep. Krummel

Asks if Ms Botkin’s concerns were included in the amendments.

TAPE 220, A

014

Botkins

Answers, no.  Comments on transfer of funds between agencies. Observes that DOC always gets failures not money from other agencies.  Observes that DOC staff does not get the training needed for mental health issues.

041

Gina Firman

Association of Community Health Programs. States the association has not taken a position on SB 267.  Supports evidence-based practices.

075

Angela Kimball

National Alliance for the Mentally Ill. Explains mental health issues of youth and the need for evidence based practices.  Describes the Multnomah County programs. Discusses multi-systemic therapy (MST). Cautions cuts to mental health programs.  

109

Chair Williams

Comments on testimony on SB 267 and the amendments.  Comments on oversight needed for the bill. States evidence-based programs have some cost. Discusses how decisions on spending on programs should have the most positive affects on people and will take place over a long period of time.

120

Rep. Macpherson

MOTION:  Moves to ADOPT SB 267-1 amendments dated 5/28/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Jenson

121

Chair Williams

Hearing no objection, declares the motion CARRIED.

122

Rep. Macpherson

MOTION:  Moves SB 267 to the floor with a DO PASS AS AMENDED recommendation.

123

Rep. Krummel

Explains why he is voting against the bill.

124

Rep. Prozanski

Explains his reservations and vote on the bill.

 

 

VOTE:  7-1-1

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

NAY:               1 - Krummel

EXCUSED:     1 - Jenson

123

Chair Williams

The motion CARRIES.

REP. WILLIAMS will lead discussion on the floor.

124

Chair Williams

Closes work session on SB 267. Adjourns meeting at 3:12 pm.

 

 


EXHIBIT SUMMARY

 

A – SB 391A, written testimony, John Wittmayer, 2 pp

B – SB 391A-6 amendments, staff, 4 pp

C – SB 391, written testimony submitted by staff for Sen. Frank Shields, 1 p

D – SB 267-1 amendments, staff, 4 pp

E – SB 267, written testimony, Phil Lemman, 16 pp

F – SB 267, written testimony, Benjamin de Haan, 27 pp

G – SB 267, written testimony submitted by staff, 1 p