SENATE COMMITTEE ON JUDICIARY

 

 

April 09, 2003                                                                                                      Hearing Room 343

8:00 am                                                                                                                           Tapes 91-92

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 280 Work Session

SB 882 Public Hearing

                                                SB 887 Public Hearing

                                                SB 801 Public Hearing

                                                SB 621 Public Hearing

                                                SB 808 Public Hearing

                                                SB 809 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 91, A

005

Chair Minnis

Calls the meeting to order at 8:30 a.m. and opens a work session on SB 280.

SB 280 WORK SESSION

008

Bill Joseph

Committee Counsel. Introduces SB 280 that establishes requirements for use of credit history in personal insurance underwriting and rating, and the -6 amendments (EXHIBIT A).

064

Sen. Ringo

Explains the -6 amendments were the compromise arrived at in the work group; believes there are additional issues to resolve.

090

Chair Minnis

Asks for the insurance industry’s cooperation in getting these issues resolved.  Gives a deadline of Tuesday, April 15.

103

Vice Chair Burdick

Expresses her disappointment that resolution has not been accomplished.

136

Sen. Ferrioli

Discusses the fairness issue regarding credit reports being used for insurance rating.

179

Sen. Walker

Believes there is an underlying problem with the credit scoring system.

190

Chair Minnis

Closes the work session on SB 280 and opens a public hearing on SB 882.

SB 882 PUBLIC HEARING

199

Craig Prins

Committee Counsel.  Introduces SB 882 that authorizes presiding judge of judicial district to enter into memorandum of understanding with Indian tribe or tribal organization regarding adjudication and disposition of youths and youth offenders.

210

Justice Wallace P Carson, Jr.

Supreme Court Justice.  Testifies in support of SB 882.

226

Judge Dan Ahern

Judge, Jefferson County, OR.  Testifies in support of SB 882.

319

Sen. Ferrioli

Expresses his support of this bill.

362

Sen. Walker

Asks why just one tribe was included.

368

Judge Ahern

Explains that this is a pilot project.

407

Sen. Walker

Believes it should eventually be extended to all tribes in the state.

391

Louis Pitt, Jr.

Confederated Tribes of Warm Springs.  Submits testimony and testifies in support of SB 882 (EXHIBIT B).  Discusses the -1 amendments (EXHIBIT C).

482

Jennifer Kimble

Indigent Defense Service Provider, Deschutes County, OR.  Testifies in support of SB 882.

TAPE 92, A

029

Mathew Birnie

Jefferson County Juvenile Department Director.  Testifies in support of SB 882 and the -1 amendments.

066

Chair Minnis

Closes the public hearing on SB 882 and opens a public hearing on SB 887.

SB 887 PUBLIC HEARING

069

Craig Prins

Committee Counsel. Introduces SB 887 that provides for affirmative defense of mental disease or defect in juvenile delinquency proceedings.

075

Chair Minnis

Closes the public hearing on SB 887 and opens a public hearing on SB 801.

SB 801 PUBLIC HEARING

078

Craig Prins

Committee Counsel. Introduces SB 801 that imposes automatic restraining order on parties to marital annulment, separation, dissolution or paternity proceedings.  Says there will be amendments to this bill.

098

Kamala Shugar

Oregon District Attorneys Association.  Testifies as neutral on SB 801.

126

Michael Yates

Oregon Academy of Family Law Practitioners.  Submits testimony and testifies in support of SB 801 (EXHIBIT D).

207

Sen. Walker

Expresses concern about some of the terminology.

214

Yates

Explains the use of this language is the current language of ORS 107.095.

235

Prins

Asks if there was concern about language in section 2, sub-paragraph 3A.

243

Yates

Says, no.

247

Prins

Asks about the requirement of prior abuse.

253

Yates

Says there were concerns expressed that are well founded.

260

Chair Minnis

Asks if the language would be prejudicial to the respondent.

268

Yates

Says, no.

287

Sybil Hebb

Oregon Law Center.  Submits testimony and testifies as neutral on SB 801 (EXHIBIT E). Expresses concerns about the impact on children.

424

Sen. Kate Brown

Senate District 21.  Testifies in support of SB 801 and says she will continue work on this bill.

TAPE 91, B

032

Chair Minnis

Closes the public hearing on SB 801 and opens a public hearing on SB 621.

SB 621 PUBLIC HEARING

045

Craig Prins

Committee Counsel. Introduces SB 621 that expands who may enter into written agreement with adoptive parents to continue contact with adopted child to include birth relatives.

055

Mark Kramer

Attorney, Portland, OR.  Gives telephone testimony in support of SB 621.  Written testimony submitted for Mr. Kramer by Sen. Brown (EXHIBIT F).

116

Julie McFarlane

Juvenile Rights Project, Inc.  Submits testimony and testifies in support of SB 621 (EXHIBIT G).

182

Kathy Ledesma

Department of Human Services.  Submits testimony and testifies in opposition to SB 621 (EXHIBIT H).  Expresses concern that the term “relatives” is not defined in this statute.  Says there is no funding in the Governor’s recommended budget.

323

Sen. Brown

Asks if family relationships are somewhat troubled in these cases.

332

Ledesma

Explains that family meetings are held for the purpose of identifying any available birth relatives who may be potential adoptive parents.

350

Sen. Brown

Asks if grandparents relinquish their legal rights when a child is adopted.

362

Ledesma

Says it does not have legal enforceability.

373

Sen. Brown

Asks if the service provided in the bill is voluntary.

383

Ledesma

Says, yes.

410

Vice Chair Burdick

Closes the public hearing on SB 621 and opens a public hearing on SB 808 and SB 809.

SB 808 AND SB 809 PUBLIC HEARING

423

Craig Prins

Committee Counsel.  Introduces SB 808 that requires court to include review of child’s comprehensive plan for transition to independent living at certain permanency hearings; and SB 809 that requires court to suspend commitment of child to Department of Human Services when child is later found to be within delinquency jurisdiction of court and placed in custody of the Oregon Youth Authority.

455

Julie McFarlane

Juvenile Rights Project.  Submits testimony and testifies in support of SB 808 and SB 809 (EXHIBITS I-J).

TAPE 92, B

051

Kevin George

Oregon Department of Human Services.  Submits testimony and testifies in opposition to SB 808 and SB 809 (EXHIBIT K).  Says the fiscal impact is not in the Governor’s recommended budget.

087

Sen. Walker

Asks about the plan already enforced and wonders why it is not being implemented throughout the state.

097

George

Clarifies that plans are not yet in place.

103

Sen. Walker

Believes that the department has failed in its duties.

124

George

Summarizes his testimony on SB 809.

150

McFarlane

Addresses testimony submitted for Karen Brazeau, Director of the Oregon Youth Authority in support of SB 809 (EXHIBIT L).

159

Vice Chair Burdick

Closes the public hearing on SB 808 and SB 809 and adjourns the meeting at 10:05 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 280, -6 amendments submitted by staff, 13 pp

B – SB 882, written testimony submitted by Louis Pitt, Jr., 1 p

C – SB 882, -1 amendments submitted by staff, 2 pp

D – SB 801, written testimony submitted by Michael Yates, 5 pp

E – SB 801, written testimony submitted by Sybil Hebb, 3 pp

F – SB 621, written testimony of Mark Kramer submitted by Sen. Kate Brown, 3 pp

G – SB 621, written testimony submitted by Julie McFarlane, 1 p

H – SB 621, written testimony submitted by Kathy Ledesma, 3 pp

I – SB 808, written testimony submitted by Julie McFarlane, 12 pp

J – SB 809, written testimony submitted by Julie McFarlane, 2 pp

K – SB 809, written testimony submitted by Kevin George, 1 p

L – SB 809, written testimony of Karen Brazeau submitted by Julie McFarlane, 2 pp