SENATE COMMITTEE ON JUDICIARY

June 17, 2003 Hearing Room 343

8:00 a.m. Tapes 166 -167

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: Bill Joseph, Counsel

Craig Prins, Counsel

Nancy Massee, Committee Assistant

MEASURE/ISSUES HEARD: HB 3385A Work Session

SB 356A Work Session

HB 2279A Work Session

HB 2658A 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 166, A
003	Chair Minnis	Opens meeting at 8:10 a.m. Opens work session on HB 3385A.
HB 3385A WORK SESSION
004	Bill Joseph	Committee Counsel. Explains HB 3385A which modifies provisions regulating planned unit developments, and the -A7 and -A8 amendments (EXHIBITS A and B).
029	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3385A-7 amendments dated 6/10/03.
		VOTE: 4-0-2 EXCUSED: 2 - Ferrioli, Walker
032	Chair Minnis	Hearing no objection, declares the motion CARRIED.
033	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3385A-8 amendments dated 6/11/03.
		VOTE: 4-0-2 EXCUSED: 2 - Ferrioli, Walker
034	Chair Minnis	Hearing no objection, declares the motion CARRIED.
	Vice Chair Burdick	MOTION: Moves HB 3385A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Ferrioli, Walker
036	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
038	Chair Minnis	Closes work session on HB 3385A. Opens work session on SB 356A.
SB 356A WORK SESSION
050	Sen. Tony Corcoran	Senate District 4. Explains SB 356A which modifies definition of polygraph examiner, and why SB 356A is needed. Explains the -A2 amendments (EXHIBIT C).
062	Matt Keetel	Lane County Sheriff’s Department, Criminal Investigation. Adds that the amendment applies to use by police officers only.
075	Vice Chair Burdick	Asks about certification responsibility.
080	Keetel	Answers each department has a training section and minimum requirements.
085	Vice Chair Burdick	Asks where you get the information for the training.
087	Keetel	Explains different ways of getting training information.
090	Burdick	Asks about if they have proof that training produces good results.
100	Keetel	Compares the voice trans-analyzer machines to polygraph machines.
124	John Powell	Oregon State Sheriffs Association. Testifies in support of SB 356A with the –A2 amendments. Explains that most jurisdictions in the United States use these machines as a tool.
130	James Wygant	Polygraph examiner and member of the Polygraph Licensing Advisory Committee. Testifies that voice stress analysis has been around for 40 years. Questions accuracy of voice stress examination. Gives examples of misleading results that can cause incorrect conclusions.
225	Sen. Ringo	Asks why Mr.Wygant did not testify earlier.
230	Wygant	Replies that he wrote a letter, but did not believe the bill would become active.
255	Sen. Ringo	Supports SB 356A as an investigative tool for law enforcement.
262	Vice Chair Burdick	Says she supports the bill with reservations.
275	Sen. Walker	Asks about opposition from polygraphists.
290	Sen. Corcoran	Says the amendments are the result of Sen. Brown’s concerns.
332	Vice Chair Burdick	Says she is looking for training evidence that leads to positive results of voice stress tests.
400	Sen. Burdick	MOTION: Moves to ADOPT SB 356A-2 amendments dated 6/12/03.
		VOTE: 6-0
401	Chair Minnis	Hearing no objection, declares the motion CARRIED.
403	Sen. Ringo	MOTION: Moves SB 356A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-1 AYE: 5 - Ferrioli, Ringo, Starr C., Walker, Minnis NAY: 1 - Burdick
404	Chair Minnis	The motion CARRIES. SEN. CORCORAN will lead discussion on the floor
406	Chair Minnis	Closes the work session on SB 356A, and opens a work session on HB 2279A.
HB 2279A WORK SESSION
410	Bill Joseph	Committee Counsel. Explains HB 2279A which enacts Revised Uniform Arbitration Act. Explains amendments.
TAPE 167, A
023	Vice Chair Burdick	Asks about costs involved in third-party arbitration.
040	Joseph	Discusses third party mediation or third-party arbitration and parties paying cost. Explains when court time is used.
055	Sen. Ringo	Does not wish the -A7 amendments. Discusses the -A10 amendments
060	Chair Minnis	Fire Alarm. Committee recesses. 9:05 calls meeting back to order.
076	Sen. Ringo	Discusses the -A10 amendments which take out wording and create more flexibility. Asks which counties have mandatory ADR systems.
085	Joseph	Answers every county has some ADR procedure. Multnomah has a formal procedure. Gives examples of mediation processes.
144	Sen. Ringo	Says in some courts the judge acts as mediator.
150	Joseph	Answers it is an expense that is borne by the parties.
154	Sen. Burdick	Discusses how mediation is needed.
160	Sen. Ringo	Discusses the -A9 amendments (EXHIBIT D).
161	Sen. Ringo	MOTION: Moves to ADOPT HB 2279A-9 amendments dated 6/6/03.
		VOTE: 6-0
162	Chair Minnis	Hearing no objection, declares the motion CARRIED.
163	Sen. Ringo	Discusses the –A10 amendments (EXHIBIT E).
164	Sen. Ringo	MOTION: Moves to ADOPT HB 2279A-10 amendments dated 6/13/03.
		VOTE: 6-0
165	Chair Minnis	Hearing no objection, declares the motion CARRIED.
166	Sen. Ringo	MOTION: Moves to ADOPT HB 2279A-11amendments dated 6/16/03 (EXHIBIT F).
		VOTE: 6-0
167	Chair Minnis	Hearing no objection, declares the motion CARRIED.
171	Joseph	Explains the Oregon Trial Lawyers Association and Hospital Associations approve of mediation.
174	Joyce Patton	Oregon State Bar (OSB). Explains that –A6 (EXHIBIT G) is supported by OSB.
176	Nancy Miller	State Court Administrators office. Explains the –A6 amendments.
177	Sen. Ringo	MOTION: Moves to ADOPT HB 2279A-6 amendments dated 5/19/03.
		VOTE: 6-0
178	Chair Minnis	Hearing no objection, declares the motion CARRIED.
179	Vice Chair Burdick	MOTION: Moves HB 2279A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
180	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
181	Staff	Submits written testimony from Bruce Bishop for Oregon Association of Hospitals and Health Systems in support of the –A9 amendments (EXHIBIT H).
182	Chair Minnis	Closes work session on HB 2279A. Opens work session on HB 2658A.
TAPE 166, B
HB 2658A WORK SESSION
009	Bill Joseph	Committee Counsel. Explains HB 2658A which exempts public employee and volunteer Social Security numbers from disclosure under public records law.
020	Sen. Walker	Explains why HB 2658A is needed. Discusses identity theft in relation to Social Security numbers.
093	Lisa Zavala	Oregon University System. Explains that universities are phasing out use of SSN as ID. Explains how it is a cost factor. Discusses use of alternative numbers.
140	David McDonald	Oregon University System. Submits testimony and testifies on HB 2658A with the -2 amendments (EXHIBITS I & J).
159	Chair Minnis	Asks about students’ consent to use SSN.
165	Zavala	Comments on working out a way to use student SSN.
187	Sen. Ringo	Asks how students would request a different number.
190	McDonald	Explains how a student may request a different number.
258	Andrea Henderson	Executive Director, Oregon Community College Association. Explains how the SSN is used to track student records for research purposes.
275	Cam Preus-Braly	Commissioner of Community Colleges. Relates concerns on disclosure. Students are asked to allow use of their SSN for research purposes.
285	Sen. Ferrioli	Discusses identity theft. Asks what the potential is for liability for the institution.
289	Joseph	Replies the university may have immunity. Discusses sovereign immunity.
265	McDonald	Explains under federal law, U.S. Dept Education is charged with compliance with proper use and nondisclosure of SSN. University is liable for safeguarding SSN.
273	Sen. Ferrioli	Asks if somebody is complicit in identity theft, what the liability to the institution is.
295	Chair Minnis	Describes a case of identity theft in an institution. Asks about liability to institution on tort basis.
300	Sen. Walker	Asks if the community colleges use SSN as ID.
340	Henderson	Replies she will check into that.
345	Preus-Braly	States that several universities use “pseudonym” numbers that are “fake.” Faculty is required to be trained in disclosure of SSN.
350	Jim Markee	Oregon Collectors Association, Mortgage Lenders Association and Transunion. Testifies on HB 2658A.
TAPE 167, B
037	Markee	Continues presentation on difficulty of not using SSN. Discusses liability possibilities to universities.
064	John Powell	Regence Blue Cross-Blue Shield and State Farm Insurance. Refers to last part of the amendment. Says health insurers need a delayed removal of SSN to switching over to a new ID system.
098	Sen. Walker	Asks why Regence Blue Cross-Blue Shield has not switched over.
101	Powell	Replies Regence Blue Cross-Blue Shield is switching to non- SSN identifiers.
130	Julie Brandis	Associated Oregon Industries. Describes SSN as a unique identifier. Discusses other identifiers that will be used. Says consumers need identifiers for credit purposes. Discusses “required by law” and “allowed by law” language.
205	Sen. Walker	Discusses credit checks and application for SSN.
209	Staff	Submits written testimony from Jack Evans for Oregon Rural Electric Cooperative Association (EXHIBIT K).
210	Chair Minnis	Closes work session on HB 2658A and adjourns the meeting at 10:10 a.m.

EXHIBIT SUMMARY

A – HB 3385-A7 amendments, staff, 2 pp

B – HB 3385-A8 amendments, staff 1 p

C – SB 356-A2 amendments, staff 1 p

D – HB 2279-A9 amendments, staff, 2 pp

E – HB 2279-A10 amendments, staff, 1 p

F – HB 2279-A11 amendments, staff, 2 pp

G – HB 2279-A6 amendments, staff 1 p

H – HB 2279, written testimony, Bruce Bishop, 1 p

I – HB 2658A, written testimony, David McDonald, 2 pp

J – HB 2658A, -2 amendments submitted by staff, 2pp

K – HB 2658A, written testimony, Jack Evans for Oregon Rural Electric, 1 p