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