SENATE COMMITTEE ON JUDICIARY

 

 

March 26, 2003                                                                                             Hearing Room HR 343

8:00 A.M.                                                                                                                       Tapes 72-74

 

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

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 17 Public Hearing

                                                SB 737 Public Hearing

                                                SB 429 Public Hearing

                                                                       

           

 

 

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 72, A

004

Chair Minnis

Calls the meeting to order at 8:08 a.m. and opens a public hearing on SB 17 that makes public bodies and officers, employees and agents of public bodies subject to action under Title II of Americans with Disabilities Act.

SB 17 PUBLIC HEARING

019

Bob Joondeph

Director, Oregon Advocacy Center.  Submits testimony and testifies in support of SB 17 (EXHIBIT A) and the -2 amendments (EXHIBIT B).

060

Vice Chair Burdick

Asks about the remedy if a service provider fails to provide special notification for a blind person.

064

Joondeph

Says the remedies available in this case are the same as in other areas of state discrimination law.

071

Vice Chair Burdick

Asks if there is a process when a service provider isn’t aware of a problem.

076

Joondeph

Says the disabled person needs to inform the provider of the disability and request an accommodation, if needed.

086

Vice Chair Burdick

Asks for further clarification.

091

Joondeph

Says that the provider must have knowledge.

095

Vice Chair Burdick

Asks if the disabled person is responsible for specifying what kind of accommodation is needed.

099

Joondeph

Says normally that is the case.

113

Vice Chair Burdick

Asks if there is a mediation process when disagreements arise.

116

Joondeph

Explains the process under state law.

130

Vice Chair Burdick

Asks if these actions would take place in state court rather than federal court.

133

Joondeph

Says this is a state court procedure.

141

Chair Minnis

Discusses the need for the -2 amendments.

155

Vice Chair Burdick

Asks if this bill is more or less restrictive than federal law.

159

Bill Joseph

Committee Counsel.  Explains federal law versus state law regarding restrictions.

170

Joondeph

Comments on the use of Americans with Disabilities Act (ADA) language in the bill.

180

Joseph

Asks if the ADA is applicable to state governments.

192

Joondeph

Explains that the Title II (ADA) remains applicable to state governments.

200

Joseph

Explains that the -2 amendments do not change ADA regulation.

226

Janine DeLaunay

Director, Oregon Disabilities Commission.  Submits testimony and testifies in support of SB 17 (EXHIBIT C).

240

Chair Minnis

Refers to Page 2, line 10 through 13 of the -2 amendments and advises that the bill does not create independent entitlement.

270

Paul Snider

Association of Oregon Counties.  Testifies as neutral on SB 17.  Says he is not sure if the -2 amendments take care of the concerns of the Counties.

294

Sen. Walker

Asks when Paul would know if the -2 amendments take care of his concerns.

298

Snider

Says he will talk to the county attorneys right away.

306

Chair Minnis

Asks what language in the -2 amendments is a concern.

309

Snider

Says he is unclear as to federal funding and state funding at the local level.

326

Joseph

Discusses legislative intent.

338

Chair Minnis

Asks if there is any ambiguous language in the bill.

349

Joseph

Explains that he would need to review the language.

358

Vice Chair Burdick

Talks about ambiguous language and how the court decides the legislative intent.

381

Chair Minnis

Closes the public hearing on SB 17 and opens a public hearing on SB 737.

SB 737 PUBLIC HEARING

395

Craig Prins

Committee Counsel.  Introduces SB 737 that modifies provisions relating to sex offender registration and reporting.

418

Dan Malin

Manager, Oregon State Police Sex Offender Registration Unit.  Submits testimony and testifies in support of SB 737 (EXHIBIT D).

TAPE 73, A

050

Chair Minnis

Explains that documentation needs to be specific so that agencies around the state are consistent.

058

Sen. Walker

Reads an email from a probation officer who is opposed to SB 737 and asks for a response.

073

Malin

Says it is true that the probation officer’s workload would increase.

086

Chair Minnis

Discusses the workload and says the burden of registration has shifted to police agencies.

111

Malin

Says registration is in the data base and any changes are very quickly made.

129

Chair Minnis

Says the issue here is who has the responsibility.

133

Malin

Agrees.  Explains that current law provides that either the probation officer or a law enforcement agency can register an offender.  Talks about changes in employment and school enrollment.

146

Chair Minnis

Asks about current law that covers crossing state boundaries.

152

Malin

Explains that offenders that live in other states, but work in Oregon, must register in Oregon.

170

Chair Minnis

Says this bill provides consistency.

178

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 737.  Has a concern about the employment and school enrollment portions of the bill.

259

Darcey Baker

Clackamas County Department of Corrections.  Submits testimony and testifies in opposition to SB 737 (EXHIBIT E).

324

Chair Minnis

Challenges why law enforcement should bear the burden.

327

Baker

Explains the need for keeping the process simple for the offenders.

330

Chair Minnis

Challenges that the current process is not simple.

336

Baker

Says offenders need to be trained from the beginning of their parole in a process that will remain the same, even when supervision ends.

347

Chair Minnis

Questions the process.

399

Vice Chair Burdick

Asks if there is opposition to the part of the bill that complies with the federal requirement for colleges and universities.

405

Baker

Says, no, but wonders about the high school offender.

435

Patrick Schreiner

Marion County Sheriff’s Office.  Submits testimony and testifies in opposition to SB 737 (EXHIBIT F).


 

TAPE 72, B

085

Vice Chair Burdick

Observes that this would be a different discussion if our justice system was adequately funded.

088

Chair Minnis

Explains his objective in sponsoring this bill.

120

Schreiner

Talks about the huge increase in sex offender registrations causing the workload issue with both agencies.

131

Sen. Ferrioli

Says he believes that the burden of responsibility to register should be on the offender. Wonders about the mechanics of registering.

163

Chair Minnis

Talks about the mechanics of registering.

184

Sen. Ferrioli

Discusses the offender’s responsibility to register.

196

Chair Minnis

Asks Mr. Malin how much we lose under current funding for non-compliance.

201

Malin

Says it would be 10% or roughly $1.2 million per biennium.

205

Chair Minnis

Closes the public hearing on SB 737 and opens a public hearing on SB 429.

SB 429 PUBLIC HEARING

211

Craig Prins

Committee Counsel.  Explains that SB 429 specifies that reasonable self-defense is not abuse for purposes of laws requiring reporting of abuse of individuals who are elderly, mentally ill, developmentally disabled or in long term care facility.

232

Mary Botkin

American Federation of State, County, and Municipal Employees (AFSCME).  Testifies in support of SB 429.

320

Tim Pfau

AFSCME.  Submits testimony and testifies in support of SB 429 (EXHIBIT G).

TAPE 73, B

035

Sen. Ringo

Does not believe that this bill will do anything to relieve working conditions.

042

Pfau

Talks about the nurturing nature of many of the employees.

067

Sen. Ringo

Asks counsel what would happen in a self-defense hearing as the law now stands.

073

Prins

Explains that this bill deals with non-criminal findings of abuse.

082

Botkin

Says these are not criminal charges, they are administrative procedures.

097

Sen. Ferrioli

Talks about his daughter’s experience as a Certified Nursing Assistant (CNA).

127

Prins

Clarifies affirmative defense is the defendant’s burden of proof, and in a criminal case it is the prosecution’s burden of proof.

134

Dennis Billingsley

Administrator, The Center for Continuous Improvement, Inc.  Submits testimony and testifies in opposition to SB 429 (EXHIBIT H).

224

Eva Kutas

Director, Office of Investigations and Training, Department of Human Services.  Submits testimony and testifies in opposition to SB 429 (EXHIBIT I).


 

352

Bob Joondeph

Oregon Advocacy Center.  Submits testimony and testifies in opposition to SB 429 (EXHIBIT J).

409

Sen. Ringo

Asks about the failure of the administrative process to find self defense.

425

Joondeph

Says that it is already acknowledged.  Believes that the level of abuse reported is far below actual occurrences.

479

Kutas

Explains the rules of the administrative process and exceptions to the rules.

499

Morgan Brody

Department of Human Services.  Explains the two criteria looked at in an investigation of wrong-doing.

TAPE 74, A

055

Joe Thurman

RN, Oregon State Hospital. Submits testimony and testifies in support of SB 429 (EXHIBIT K).

087

Jim Hugg

Certified Professional Counselor, Oregon State Hospital.  Testifies in support of SB 429.

112

Shaun Taylor

Nurse, Oregon State Hospital.  Yields his time to Turhane Bey.

115

Turhane Bey

Mental Health Therapy Coordinator, Oregon State Hospital.  Testifies in support of SB 429.  Says staff has added stress because they feel they are guilty until proven innocent.

166

Sen. Ringo

Thanks the group for the work they do in the field of mental health care.  Believes this statute might not take care of the problems illustrated.

178

Thurman

Comments that Oregon is the only western state he has contacted that does not have a security response team to deal with violence intervention.

188

Vice Chair Burdick

Closes the public hearing on SB 429 and adjourns the meeting at 10:12 a.m.

 

 

 

EXHIBIT SUMMARY

 

A – SB 17, written testimony submitted by Bob Joondeph, 2 pp

B – SB 17, -2 amendments dated 3/18/03 submitted by staff, 4 pp

C – SB 17, written testimony submitted by Janine DeLaunay, 1 p

D – SB 737, written testimony submitted by Dan Malin, 4 pp

E – SB 737, written testimony submitted by Darcey Baker, 2 pp

F – SB 737, written testimony submitted by Patrick Schreiner, 2 pp

G – SB 429, written testimony submitted by Tim Pfau, 2 pp

H – SB 429, written testimony submitted by Dennis Billingsley, 3 pp

I – SB 429, written testimony submitted by Eva Kutas, 2 pp

J – SB 429, written testimony submitted by Bob Joondeph, 2 pp

K – SB 429, written testimony submitted by Joe Thurman, 3 pp

L – SB 429, written testimony of Oregon Rehabilitation Association submitted by staff, 1 p

M – SB 737, written testimony submitted by Phillip Lemman, 2 pp

N – SB 429, written testimony submitted by Kathryn Weit, 1 p

O – SB 429, written testimony submitted by David Nebel, 1 p

P – SB 429, written testimony submitted by Janine DeLaunay, 1 p

Q – SB 429, written testimony submitted by Jacqueline Zimmer Jones, 1 p

R – SB 429, written testimony submitted by May Dasch, 1 p

S – SB 429, written testimony submitted by Cindy Hannum, 2 pp