SENATE COMMITTEE ON JUDICIARY

February 03, 2003 Hearing Room 357

8:00 a.m. Tapes 13 – 14

MEMBERS PRESENT: Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

STAFF PRESENT: Craig Prins, Counsel

Bill Joseph, Counsel

Nancy Massee, Committee Assistant

MEASURE/ISSUES HEARD:

Introduction of LC 1706

SB 81 Public Hearing and Work Session

SB 105 Public Hearing and Work Session

SB 106 Public Hearing and Work Session

SB 111 Public Hearing and Work Session

SB 112 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 13, A
006	Chair Minnis	Opens meeting at 8:06 a.m.
LC 1706 INTRODUCTION
008	Craig Prins	Committee Counsel. Explains LC 1706 that relates to controlled substances; amending ORS’s (EXHIBIT A).
010	Vice Chair Burdick	MOTION: Moves LC 1706 BE INTRODUCED as a committee bill.
		VOTE: 5-0-1 EXCUSED: 1 – Walker
012	Chair Minnis	Hearing no objection, declares the motion CARRIED.
014	Chair Minnis	Opens public hearing on SB 81.
SB 81 PUBLIC HEARING
015	Greg Chaimov	Legislative Counsel. Explains SB 81 that makes technical changes in Oregon law; adjusts grammar and punctuation; deletes obsolete provisions; conforms language to existing statutes; inserts omitted provisions; adjusts ORS series references (EXHIBIT B).
035	Sen. Ferrioli	Asks if “shall” and “may” are interchangeable terms.
043	Chaimov	Responds “may” gives a person an option to act; “shall” requires action. “May not” prohibits a person from acting; “shall not” describes a state of future being. Some people believe “shall not” grammatically is equivalent to or better than “may not.” Last session the legislature amended ORS 174.100 to provide that “shall not” and “may not” are equivalent prohibitions of an absolute prohibition.
055	Charlie Stone	Assistant State Forester, Protection Division, Department of Forestry. Explains concerns with SB 81 on pages 230, section 342, subsection 8, there is a possible amendment that is substantive (EXHIBIT C).
071	Chaimov	Suggests moving the bill to the floor and working with the Department of Forestry to see if under more scrutiny this needs more amending. It is not the intent of the bill to change the board’s authority.
080	Chair Williams	Asks if that is agreeable.
091	Sen. Ringo	Refers to p 230, section 8, asks about deletions. Asks if that deletion broadens the authority.
101	Stone	Responds, yes.
118	Sen. Ringo	Asks for more clarification.
128	Vice Chair Burdick	Asks about the status of the study.
130	Stone	Does not know what the implications would be for a lawsuit.
144	Chair Minnis	Closes public hearing. Opens work session.
SB 81 WORK SESSION
147	Vice Chair Burdick	MOTION: Moves SB 81 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.
		VOTE: 5-0-1 EXCUSED: 1 – Walker
150	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
160	Chair Minnis	Closes work session on SB 81; opens public hearing on SB 105.
SB 105 PUBLIC HEARING
170	Craig Prins	Committee Counsel. Explains SB 105 that makes technical changes in Oregon law.
175	Connie Gallagher	Department of Justice (DOJ). Explains the Crime Victims Compensation Program. Submits testimony and describes how SB 105 amends the statutes (EXHIBIT D).
230	Vice Chair Burdick	Asks if the funds come from general funds.
240	Gallagher	Responds it is a blending of funds, called “other.”
238	Vice Chair Burdick	Asks if these additions will jeopardize the amount of funding available for existing uses of the fund.
250	Gallagher	Replies, no, this is a priority that does not jeopardize other funds.
244	Sen. Ringo	Asks if there are funds to cover all victims.
256	Gallagher	Replies at this time there are enough funds, however, that can change.
260	Sen. Walker	Asks if there are more victims.
278	Gallagher	Answers who applies and who is eligible depends on status of the victim.
293	Georgia Griffin	Federal Bureau of Investigation (FBI). Victim Coordinator. Supports SB 105. Gives example of a case of kidnapped oil workers from Oregon in South America. Submits testimony and explains her duties as victims’ coordinator at the FBI. Emphasizes the need to respond to victims of terrorism (EXHIBIT E).
350	Chair Minnis	Closes public hearing on SB 105. Opens work session.
SB 105 WORK SESSION
353	Sen. C. Starr	MOTION: Moves SB 105 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.
		VOTE: 5-0-1 EXCUSED: 1 - Burdick
355(B)	Chair Minnis	Hearing no objection, declares the motion CARRIED. Sen. Charles STARR will lead discussion on the floor.
356	Chair Minnis	Closes work session. Opens public hearing on SB 106.
SB 106 PUBLIC HEARING
370	Craig Prins	Committee Counsel. Explains SB 106 that expands definition of survivor for purposes of crime victims’ compensation program.
379	Connie Gallagher	DOJ. Submits testimony and explains the need for SB 106 (EXHIBIT F). It clarifies the issue of survivors for insurance purposes.
433	Steve Doell	Crime Victims United of Oregon. Supports SB 106, SB 105 and SB 111.
455	Chair Minnis	Closes public hearing. Opens work session on SB 106.
SB 106 WORK SESSION
460	Sen. Burdick	MOTION: Moves SB 106 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.
		VOTE: 6-0
462 (B)	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
463	Chair Minnis	Closes work session. Opens public hearing on SB 111.
SB 111 PUBLIC HEARING
468	Craig Prins	Committee Counsel. Explains SB 111 that provides for payment of counseling expenses of friend or acquaintance of deceased crime victim if friend or acquaintance was person who discovered victim’s corpse.
460	Jason Barber	Department of Justice (DOJ). Submits testimony and explains why SB 111 is needed (EXHIBIT G).
475	Mark Harris	Portland. Describes personal experience of finding a murdered neighbor in his yard.
TAPE 14, A
050	Harris	Continues describing his personal experience of finding his neighbor a murder victim and his subsequent emotional problems. Explains how counseling took place but the costs were greater than he could afford.
075	Chair Minnis	Closes public hearing. Opens work session on SB 111.
SB 111 WORK SESSION
079	Sen. Burdick	MOTION: Moves SB 111 to the floor with a DO PASS recommendation.
		VOTE: 6-0
081 (B)	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
082	Chair Minnis	Closes work session. Opens public hearing on SB 112.
SB 112 PUBLIC HEARING
094	Craig Prins	Committee Counsel. Explains SB 112 that modifies requirements for submitting child abuse multidisciplinary intervention plan.
094	Connie Gallagher	DOJ. Submits testimony and describes multidisciplinary approach to the investigation and handling of child abuse allegations. The bill does not make substantive changes. Relates the modifications SB 112 brings about (EXHIBIT H).
134	Gallagher	Continues explaining amendments (EXHIBIT I).
179	Vice Chair Burdick	Cites page 5, lines 25 to 29, asks about the added provision on non- state employees get compensation and expenses.
185	Gallagher	Replies this is in keeping with many statutes provisions; it is in line with the policy and will not exceed $500 per biennium.
195	Walt Beglau	Deputy District Attorney, Marion County. Co-chair of the multidisciplinary team. Supports SB 112.
208	Beglau	Replies the district attorney (DA) is critical to mandatory reporting between law enforcement and Department of Human Services of child abuse cases.
212	Chair Minnis	Asks if there is ongoing discussion now between DAs and counties with respect to overseeing function of Children Services and law enforcement.
227	Beglau	Responds about the rule making process and input from DAs. Counties are different and need to come together.
231	Gallagher	Explains a supported idea is to strengthen requirements for applications to be more specific. Suggests a work shop on accountability and cross reporting.
260	Chair Minnis	Can the Attorney General draft rules on cross reporting?
268	Beglau	Says the association will look into this critical issue.
274	Candy Solovjovs	Liberty House. Child abuse evaluation center. Describes Liberty House. Supports SB 112 multidisciplinary intervention into child abuse.
286	Sen. Ringo	Asks about “the department may award only one grant per county.”
299	Gallagher	Responds on issuing awards to one multidisciplinary team per county. Whether DOJ was to issue multiple contract or awards was not clear. Refers to the -1 amendments.
320	Prins	Explains -1 amendments to SB 112.
368	Gallagher	Explains the discussions with their advisory council and others. The changes are not viewed as substantive.
400	Prins	Asks about page 5, line 3 of SB 112.
408	Gallagher	Answers, yes.
409	Chair Minnis	Closes public hearing. Opens work session on SB 112.
SB 112 WORK SESSION
410	Vice Chair Burdick	MOTION: Moves to ADOPT THE -1 AMENDMENT TO SB 112.
		VOTE: 5-0-1 EXCUSED: 1 – Ringo
412 (B)	Chair Minnis	Hearing no objection, declares the motion CARRIED.
413	Chair Minnis	Closes the work session on SB 112. Adjourns meeting at 9:10 a.m.

EXHIBIT SUMMARY

A – LC 1706, dated 1/23/03, Staff, 12 pp

B – SB 81, written testimony, Greg Chaimov, 1 p

C – SB 81, written testimony, Charlie Stone, 1 p

D – SB 105, written testimony and brochure, Connie Gallagher, 1 p

E – SB 105, written testimony, Georgia Griffin, 1 p

F – SB 106, written testimony, Connie Gallagher, 1 p

G – SB 111, written testimony, Jason Barber, 1 p

H – SB 112, written testimony, Connie Gallagher, 1 p

I – SB 112-1 amendments, staff, 1 p