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