SENATE COMMITTEE ON JUDICIARY

 

 

August 22, 2003                                                                                                  Hearing Room 343

9:00 a.m.                                                                                                                     Tapes 201-202

 

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

 

MEMBER EXCUSED:          Sen. Vicki Walker

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2237B Work Session

                                                SB 937 Public Hearing and Work Session

                                                HB 2725A Work Session

                                                HB 3426A Work Session

                                                HB 2308A 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 201, A

003

Chair Minnis

 

Calls the meeting to order at 9:40 a.m. and opens a work session on HB 2237B.

HB 2237B WORK SESSION

004

Chair Minnis

Introduces the B10 amendments to HB 2237B that limits authority of Board on and Department of Public Safety Standards and Training to disclose photograph of public safety officer (EXHIBIT A).

012

Connie Gallagher

Department of Justice.  Explains the B10 amendments.

022

Sen. Ringo

MOTION:  Moves to ADOPT HB 2237B-B10 amendments dated 8/21/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Burdick

027

Chair Minnis

Hearing no objection, declares the motion CARRIED.

030

Sen. Ringo

MOTION:  Moves HB 2237B to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Burdick

033

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

035

Chair Minnis

Closes the work session on HB 2237B and opens a public hearing on SB 937.

SB 937 PUBLIC HEARING

040

Marshall Coba

American Council of Engineering Companies of Oregon.  Submits testimony (EXHIBIT B) and testifies in support of the -1 amendments to SB 937 that exempts certain persons from licensing requirements as investigator (EXHIBIT C).

062

Chair Minnis

Closes the public hearing on SB 937 and opens a work session.

SB 937 WORK SESSION

063

Sen. Ringo

MOTION:  Moves to ADOPT SB 937-1 amendments dated 8/22/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Burdick

065

Chair Minnis

Hearing no objection, declares the motion CARRIED.

069

Vice Chair Burdick

MOTION:  Moves SB 937 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

073

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

078

Chair Minnis

Closes the work session on SB 937 and opens a work session on HB 2725A.

HB 2725A WORK SESSION

082

Chair Minnis

Introduces the A3 amendments to HB 2725A (EXHIBIT D) that modifies crime of giving false information to police officer to include service of arrest warrants.

092

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2725A-A3 amendments dated 8/21/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

098

Chair Minnis

Hearing no objection, declares the motion CARRIED.

100

Vice Chair Burdick

MOTION:  Moves HB 2725A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

103

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

105

Chair Minnis

Closes the work session on HB 2725A and opens a work session on HB 3426A.

HB 3426A WORK SESSION

108

Craig Prins

Introduces HB 3426A that specifies circumstances under which peace officer and corrections officer may use deadly physical force, and the A8 amendments (EXHIBIT E).

150

Vice Chair Burdick

Asks for an opinion from the District Attorney’s office.

159

Brad Berry

Oregon District Attorneys Association.  Testifies in support of the A8 amendments to HB 3426A.

189

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3426A-A8 amendments dated 8/20/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

192

Chair Minnis

Hearing no objection, declares the motion CARRIED.

194

Vice Chair Burdick

MOTION:  Moves HB 3426A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

200

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

202

Chair Minnis

Closes the work session on HB 3426A and opens and public hearing on HB 2308A.

HB 2308A PUBLIC HEARING

209

Paul Cosgrove

Association of Health Information Outsourcing Services.  Submits testimony and testifies in support of HB 2308A (EXHIBIT F). Introduces the A3 amendments (EXHIBIT G).

281

Sen. Ringo

Asks for some clarification of how private companies operate when it comes to outsourcing services.

291

Cosgrove

Discusses comparable fee schedules.

300

Sen. Ringo

Wonders if profits might be diminished under certain fee schedules.

306

Cosgrove

Says they cannot operate at a loss.

323

Vice Chair Burdick

Asks if it would be in the hospitals’ best interest to hire outsourcing services.

333

Cosgrove

Says, yes.

348

Vice Chair Burdick

Expresses concerns about outrageous fees, and thinks that the proposed fee schedule is reasonable.

361

Cosgrove

Agrees.

372

Vice Chair Burdick

Asks for examples from other states.

378

Cosgrove

Explains typical fee schedules from other states.

407

Sen. Ferrioli

Thinks that we are losing sight of the purpose of this legislation.  Believes the cost of $25.50 is reasonable.

450

Sen. Ringo

Believes consumers are being gouged and that the issue needs more time.

TAPE 202, A

036

Chair Minnis

Reads a question submitted by Jane Myers of the Oregon Dental Association (EXHIBIT H) asking if the bill applies only to written health records.

046

Cosgrove

Addresses the issue of health records such as radiographs that are not on paper.

056

Chair Minnis

Expresses his concern with new federal issues that are having to be addressed by the states.

081

Sen. Ferrioli

Says he would like to keep this legislation as revenue neutral as possible and thinks the fee schedule is a good step.

088

Chair Minnis

Believes there is a constitutional problem with the bill.  Closes the public hearing on HB 2308A and adjourns the meeting at 10:15 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2237B, -B10 amendments dated 8/21/03 submitted by staff, 2 pp

B – SB 937, written testimony submitted by Marshall Coba, 1 p

C – SB 937, -1 amendments dated 8/22/03 submitted by staff, 1 p

D – HB 2725A, -A3 amendments dated 8/21/03 submitted by staff, 3 pp

E – HB 3426A, -A8 amendments dated 8/20/03 submitted by staff, 9 pp

F – HB 2308A, written testimony submitted by Paul Cosgrove, 1 p

G - HB 2308A, -A3 amendments dated 8/21/03 submitted by staff, 1 p

H – HB 2308A, written question from Jane Myers read by staff, 1 p