SENATE COMMITTEE ON JUDICIARY

 

 

January 23, 2003                                                                                                 Hearing Room 343

8:00 a.m.                                                                                                                           Tapes 3 - 4

 

MEMBERS PRESENT:         Sen. Sen. Minnis, Chair

Sen. Sen. Burdick, Vice-Chair

Sen. Sen. Ferrioli

Sen. Sen. Ringo

Sen. Sen. Starr

Sen. Sen. Walker

 

 

STAFF PRESENT:                 Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 14 Public Hearing

                                                SB 38 Public Hearing

                                                SB 39 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 3, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m.  Opens a public hearing on SB 14.

SB 14 - PUBLIC HEARING

010

Beth Vaagen

Department of Human Services.  Submits testimony and testifies in support of SB 14 which reduces period for retention of state records about child abuse (EXHIBIT A).

027

Sen. Ringo

Asks the purpose of retaining records.

029

Vaagen

Explains their purpose.

034

Sen. Ringo

Asks if the records focus on children.

035

Vaagen

Says they are for child safety.

037

Sen. Farrioli

Asks how the records are indexed.

040

Vaagen

Replies they are retained under the name of the child’s family.

043

Sen. Farrioli

Asks for definition of an unsubstantiated case.

048

Vaagen

Offers to provide definitions.

052

Sen. Farrioli

Asks how reports are made.

055

Vaagen

Explains the process.

060

Sen. Farrioli

Asks if reporters are protected.

063

Sen. Minnis

Explains that the report has to be made in good faith.

068

Sen. Ferrioli

Asks about the notification procedure.

074

Vaagen

Replies that there is a system of notification.

078

Sen. Ferrioli

Asks for further clarification of notification.

084

Vaagen

Explains the system again.

091

Sen. Ferrioli

Asks about notification in an unsubstantiated case.

104

Chair Minnis

Explains how a person is notified.

112

Sen. Ferrioli

Talks about perpetrators that are never notified.

116

Sen. Ferrioli

Asks who has access to these records.

119

Vaagen

Says she will find out.

124

Sen. Ferrioli

States he would like to know who has access.

134

Chair Minnis

States who he know to have access.

140

Sen. Ferrioli

Talks about timing of removal of records.

146

Vaagen

Asks for more time to research the questions.

152

Sen. Ferrioli

Says SB 14 does not go far enough.

158

Chair Minnis

Wonders who introduced this bill.

165

Sen. Ringo

Asks what the basic purpose of this bill is.

169

Vaagen

Explains it is to reduce the amount of time records are retained.

180

Sen. Ringo

Asks counsel what the purpose of this bill.

189

Bill Joseph

Committee Counsel. Points out that the state archivist is present who could provide clarification.

200

Roy Turnbaugh

State Archivist.  Submits testimony and testifies in support of SB 14 (EXHIBIT B).

247

Chair Minnis

Asks for clarification of record keeping.

254

Turnbaugh

Explains the process for obtaining records and destroying records.

259

Chair Minnis

Asks if the Police Bureau would have a retention schedule.

267

Turnbaugh

Says, yes.

280

Chair Minnis

Inquires about the flexibility of record retention.

283

Turnbaugh

Says he has no authority with regard to record retention.

298

Sen. Ferrioli

Comments that Sen. Neil Bryant may have originated this bill.

313

Chair Minnis

Asks if there is benefit in this bill.

315

Turnbaugh

Says the reduction of time is appropriate.

321

Chair Minnis

Closes the public hearing on SB 14 and opens a public hearing on SB 38.

SB 38 - PUBLIC HEARING

333

Robin E. Pope

Oregon State Bar, Family Law Section. Submits testimony and testifies in support of SB 38 which specifies circumstances giving Oregon courts jurisdiction in adoption proceedings (EXHIBIT C).

365

Chair Minnis

Asks about previous legislation.

337

Pope

Explains legislation adopted in 1999.

398

John Chally

Attorney in private practice.  Submits testimony and testifies in support of SB 38 (EXHIBIT D).

464

Kathy Ledesma

Department of Human Services, Program Manager.  Testifies in opposition to SB 38 as it is currently written.

TAPE 4 A

026

Sen. Ferrioli

Asks for statistics on adoptions.

043

Sen. Walker

Expresses her concerns.

060

Pope

Addresses the concerns of Sen. Walker.

070

Sen. Walker

Asks for personal time with Ms. Pope to review this bill.

081

Ellen Mendoza

Private Practice Attorney, Oregon City.  Submits testimony and testifies in opposition to SB 38 (EXHIBIT E).

261

Vice Chair Burdick

Asks what states have a uniform adoption act.

263

Mendoza

States Vermont, North Carolina, California and Oklahoma.

285

Sen.  Ringo

Refers to the written testimony by Robin Pope.

291

Mendoza

Explains the ruling referred to.

309

Sen. Ringo

Asks if there is agreement that there should be a uniform adoption act.

311

Mendoza

Responds, no.

319

Chair Minnis

Asks about other states with regard to a uniform adoption act.

329

Sen. Walker

Asks Ms. Mendoza for some personal time to research this bill.

333

Chally

States that Oregon is different than every other state that has adopted the uniform adoption act.

TAPE 3 B

062

Pope

States that the Uniform Child Custody Judicial Enforcement Act (UCCJEA) is not the place to deal with adoption issues.

091

Chair Minnis

Suggests a work group to review the information with the witnesses.

120

Chair Minnis

Closes the public hearing on SB 38 and opens a public hearing on SB 39.

SB 39 - PUBLIC HEARING

127

Dan Olsen

Oregon State Bar, Government Law Section.  Submits testimony and testifies in support of SB 39 which modifies rule of evidence relating to privileges (EXHIBIT F).

184

Stephanie Smythe

Oregon State Bar, Government Law Section.  Testifies in support of SB 39.

217

Chair Minnis

Asks for clarification of the language of the bill.

224

Olsen

Explains the language.

245

Chair Minnis

Asks for further clarification.

254

Olsen

Gives further clarification.

256

Chair Minnis

Asks about inadvertent disclosure.

175

Olsen

Talks about disclosure by the press.

299

Vice Chair Burdick

Asks about breach of attorney/client privilege.

305

Smythe

Says this is an additional burden on the attorney.

296

Vice Chair Burdick

Asks if there is an attorney/client provision in this bill.

301

Smythe

Explains that provision.

321

Vice Chair Burdick

Asks for further clarification.

325

Smythe

Gives additional clarification.

329

Vice Chair Burdick

Asks if there is any case law about a breach by the press.

332

Smythe

Says there are no examples that she knows of at the appellate level.

344

Olsen

Gives an example.

354

Sen. Ringo

Asks about executive sessions.

372

Olsen

Explains how executive sessions work.

400

Sen. Ringo

Talks about attorney/client privilege and wonders if this bill erodes that privilege.

429

Chair Minnis

Explains his understanding of the bill.

449

Olsen

Clarifies the presence of press.

TAPE 4, B

008

Vice Chair Burdick

Expresses her understanding of the bill’s intent.

040

Chair Minnis

Asks if a suit against the press can occur.

045

Olsen

Says, no.  Explains the main purpose of the bill.

052                Chair Minnis                 Closes the public hearing on SB 39 and opens a work session.

WORK SESSION – SB 39

053

Vice Chair Burdick

MOTION:  Moves SB 39 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

055

Chair Minnis

Hearing no objection, declares the motion CARRIED.

057

Chair Minnis

Closes the work session on SB 39 and adjourns the meeting at 9:35 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 14, written testimony, Beth Vaagen, 1 p

B – SB 14, written testimony, Roy Turnbaugh, 1 p

C – SB 38, written testimony, Robin Pope, 6 pp

D – SB 38, written testimony, John Chally, 2 pp

E – SB 38, written testimony, Ellen Mendoza, 1 p

F – SB 39, written testimony, Dan Olsen, 1 p