SENATE COMMITTEE ON JUDICIARY
February 15, 2005 Hearing Room 343
1:00 P.M. Tapes 34 - 35
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Charlie Ringo
Sen. Vicki Walker
MEMBER EXCUSED: Sen. Doug Whitsett
STAFF PRESENT: Joe O'Leary, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 247 – Public Hearing and Work Session
SB 262 – Public Hearing and Work Session
SB 293 – Public Hearing and 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 34, A |
||
|
003 |
Chair Burdick |
Calls the meeting to order at 1:15 p.m. and opens a public hearing on SB 247. |
|
SB 247 – PUBLIC HEARING |
||
|
006 |
Joe O’Leary |
Counsel. Describes SB 247, relating to the University of Oregon School of Law and Mark O. Hatfield School of Government. Introduces the -1 and -3 amendments (EXHIBITS A & B). |
|
025 |
Greg Wolf |
Portland State University. Submits testimony and testifies in support of SB 247 (EXHIBIT C). |
|
043 |
Wolf |
Identifies their support for the -1 and -3 amendments. |
|
084 |
Jane Gordon |
Associate Dean, University of Oregon. Testifies in support of SB 247 and emphasizes Oregon’s leadership in regards to dispute resolution. |
|
094 |
Jenny Carmichael |
University of Oregon. Testifies in support of SB 247 and provides input as to her role in dispute resolution funding. Discusses the recidivism rates in the programs. |
|
150 |
Amy Cleary |
President, Oregon Association of Community Dispute Resolution Centers. Comments on the funding options available through the state as well as other areas. |
|
195 |
Cleary |
Discusses the community programs and volunteers being trained by these programs. Reiterates the fact that mediation can resolve many problems. |
|
250 |
Elaine Hallmark |
Director, Oregon Consensus Program (OCS). Testifies in support of SB 247 and talks about the OCS’s role in the legislative process. |
|
313 |
Hallmark |
Discusses a recent case the OCS had successfully mediated. |
|
352 |
Sen. Prozanski |
Brings up the issue of the -1 amendment. |
|
390 |
Hallmark |
Discusses the issue of the $800,000 not being there after this biennium. |
|
435 |
Merle Kelley |
President, Board of Directors, Neighbor to Neighbor. Reads testimony in support of SB 247 (EXHIBIT D). |
|
TAPE 35, A |
||
|
040 |
Kelley |
Continues reading testimony in support of SB 247. |
|
053 |
Sen. Walker |
Commends the witness on her testimony. |
|
058 |
John B. Balwit |
McMinnville. Summarizes testimony in support of SB 247 (EXHIBIT E). |
|
97 |
Balwit |
Talks about how mediation is a non-adversarial method to resolve problems. |
|
115 |
Chief Ron Louie |
Hillsboro. Testifies in support of SB 247, and relates Hillsboro’s example of mediation success (EXHIBIT F). |
|
160 |
Louie |
Comments on how Hillsboro’s mediation tactics have been translated into truancy reduction programs. |
|
228 |
Louie |
Explains that mediation diverts costs from the criminal justice system. |
|
240 |
BeaLisa Sydlik |
Oregon Judicial Department. Testifies in support of SB 247, focusing on the -1 amendment. |
|
281 |
Ronelle Shankle |
Department of Justice. Submits testimony and testifies in support of SB 247 (EXHIBIT G). Discusses their support for the bill and the amendments. |
|
311 |
Rich Angstrom |
President, Oregon Concrete Aggregate Producers Association. Testifies in support of SB 247. Address the issue raised in the last Legislative session relating to mediation. |
|
371 |
Angstrom |
Stresses that mediation is not used enough in the legislative process. |
|
407 |
Cynthia Moore |
Executive Director, Oregon Mediation Association. Reads testimony in support of SB 247 (EXHIBIT H). |
|
TAPE 34, B |
||
|
011 |
Chair Burdick |
Closes the public hearing on SB 247 and opens a work session on SB 247. |
|
SB 247 – WORK SESSION |
||
|
014 |
Joe O’Leary |
Counsel. Describes the -1 amendment. |
|
023 |
Sen. C. Starr |
MOTION: Moves to ADOPT SB 247-1 amendments dated 02/14/05. |
|
|
|
VOTE: 5-0-2 EXCUSED: 2 - Ringo, Whitsett |
|
028 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
|
029 |
O’Leary |
Describes the -3 amendment. |
|
035 |
Sen. C. Starr |
MOTION: Moves to ADOPT SB 247-3 amendments dated 02/14/05. |
|
|
|
VOTE: 5-0-2 EXCUSED: 2 - Ringo, Whitsett |
|
038 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
|
042 |
Sen. C. Starr |
MOTION: Moves SB 247 DO PASS AS AMENDED and BE REFERRED to the committee on Ways and Means. |
|
|
|
VOTE: 5-0-2 EXCUSED: 2 - Ringo, Whitsett |
|
045 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
|
046 |
Chair Burdick |
Closes work session on SB 247 and opens a public hearing on SB 262. |
|
SB 262 – PUBLIC HEARING |
||
|
052 |
Joe O’Leary |
Counsel. Describes SB 262, relating to permanent exemption from disclosure under Public Records Law. |
|
068 |
Tom Gallagher |
Oregon Newspaper Publishers Association. Testifies in support of SB 262. Talks about hesitance to identify what qualifies as “media.” |
|
124 |
Dr. Lesley Hallick |
Provost, Oregon Health Sciences University (OHSU). Submits testimony and testifies in support of SB 262 (EXHIBIT I). Explains the effects that SB 262 will have and the reasoning behind them. |
|
165 |
Hallick |
Goes over Exhibit I section by section. |
|
200 |
Hallick |
Continues analysis of Exhibit I. |
|
222 |
Hallick |
Submits a letter of testimony in support of SB 262 (EXHIBIT J). |
|
248 |
Chair Burdick |
Asks if they use discretion in the release of information. |
|
234 |
Hallick |
Reiterates that it isn’t their goal to withhold information, especially from the media, but in some cases it is vital to the safety of their employees. |
|
274 |
Andrea Meyer |
American Civil Liberties Union. Testifies in opposition to SB 262. Explains that the alteration of the Public Records Law enacted by SB 262 does nothing to stop those crimes from occurring. |
|
321 |
Meyer |
Discusses examples of why researcher’s names must be kept from the protection of the exemption from Public Records Law. |
|
348 |
Meyer |
Talks about Exhibit I provided by Dr. Lesley Hallick. |
|
390 |
Sen. Prozanski |
Inquires about the information being redacted. |
|
396 |
Meyer |
Comments on why names are so important; stresses that the criticism of techniques is incredibly important. |
|
428 |
Chair Burdick |
Wonders about the names of the janitors and other staff. |
|
432 |
Meyer |
Responds that the primary concern is the name of the researcher. Addresses the amendment. |
|
495 |
Sen. Walker |
Asks about the bill number from last session. |
|
TAPE 35, B |
||
|
030 |
Meyer |
Responds with the bill number and information on the bill from last session. |
|
052 |
Meyer |
States that this is the same bill as last session. |
|
071 |
Bryan Boehringer |
Oregon Health Sciences University. Talks about the -1 amendment extending the sunset and the -3 amendment dealing with streamlining the language (EXHIBITS K & L). |
|
087 |
Chair Burdick |
Closes the public hearing on SB 262 and opens a work session on SB 262. |
|
SB 262 – WORK SESSION |
||
|
089 |
Joe O’Leary |
Counsel. Describes the -1 amendment. |
|
092 |
Chair Burdick |
Expresses her desire to pass the sunset into another four years. |
|
098 |
Sen. C. Starr |
MOTION: Moves to ADOPT the SB 262-1 amendment dated 02/07/05. |
|
|
|
VOTE: 6-0-1 EXCUSED: 1 - Whitsett |
|
103 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
|
097 |
Chair Burdick |
Describes the -3 amendment. |
|
107 |
Sen. C. Starr |
MOTION: Moves to ADOPT SB 262-3 amendments dated 02/15/05. |
|
115 |
Sen. Beyer |
Raises the concern that the -1 amendment erases most of the bill, and that there is nowhere for the -3 to attach. |
|
145 |
Sen. C. Starr |
MOTION: Moves to RESCIND adoption of SB 262-3 amendments dated 02/15/05. |
|
155 |
Sen. C. Starr |
MOTION: Moves to DELETE the SB 262-1 amendments dated 02/07/05. |
|
|
|
VOTE: 6-0-1 EXCUSED: 1 - Whitsett |
|
162 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
|
163 |
Chair Burdick |
Closes work session on SB 262 and opens a public hearing on SB 293. |
|
SB 293 – PUBLIC HEARING |
||
|
166 |
Joe O’Leary |
Counsel. Describes SB 293, relating to repealing the requirements that local public safety coordinating council submit biennial report about early disposition programs to Oregon Criminal Justice Commission. |
|
174 |
Sen. Prozanski |
Offers information on SB 293, and the importance of passing such a bill. |
|
209 |
Craig Prins |
Executive Director, Oregon Criminal Justice Commission. Submits testimony and testifies in support of SB 293, and provides the reasoning behind the need for the bill. |
|
219 |
Kent Mortimer |
Chief Deputy, Lane County District Attorney’s Office. Testifies in support of SB 293 (EXHIBIT M). |
|
225 |
Sen. Prozanski |
Summarizes the bill’s effects. |
|
237 |
Prins |
Expresses that there are more important uses for their resources. |
|
242 |
Sen. Walker |
Raises the issue of accountability in this program. |
|
255 |
Chair Burdick |
Closes public hearing on SB 293, and opens a work session on SB 293.
|
|
SB 293 – WORK SESSION |
||
|
257 |
Sen. Prozanski |
MOTION: Moves SB 293 to the floor with a DO PASS recommendation. |
|
|
|
VOTE: 6-0-1 EXCUSED: 1 - Whitsett |
|
264 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. PROZANSKI will lead discussion on the floor. |
|
265 |
Chair Burdick |
Closes the work session on SB 293 and adjourns the meeting at 3:00 p.m. |
|
|
|
|
EXHIBIT SUMMARY