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