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

 

  1. SB 247, -1 amendment, staff, 1 p
  2. SB 247, -3 amendment, staff 1 p
  3. SB 247, written testimony, Greg Wolf, 10 pp
  4. SB 247, written testimony, Merle Kelley, 2 pp
  5. SB 247, written testimony, John B. Balwit, 1 p
  6. SB 247, written testimony, Chief Ron Louie, 1 p
  7. SB 247, written testimony, Ronelle Shankle, 3 pp
  8. SB 247, written testimony, Cynthia Moore, 1 p
  9. SB 262, written testimony, Dr. Lesley Hallick, 23 pp
  10. SB 262, written testimony, Dr. Lesley Hallick, 1 p
  11. SB 262, -1 amendment, staff, 1 p
  12. SB 262, -3 amendment, staff, 1 p
  13. SB 293, written testimony, Kent Mortimer, 6 pp