SENATE COMMITTEE ON JUDICIARY

 

 

March 29, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 85 - 87

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

 

STAFF PRESENT:                 William E. Taylor, Counsel

                                                Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 89 – Work Session

SB 99 – Public Hearing

SB 372 – Public Hearing

SB 240 – Work Session

SB 61 – Work Session

SB 567 – 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 85, A

003

Chair Burdick

Calls the meeting to order at 1:07 p.m. and opens a work session on SB 89.

SB 89 – WORK SESSION

006

Joe O’Leary

Counsel.  Describes SB 89 relating to custodial sexual misconduct in the first degree.  Introduces the -2 amendment (EXHIBIT A).  Submits testimony from Amnesty International (EXHIBIT B).

020

Chair

Asks about affirmative defense.

021

O’Leary

Comments on the definition of affirmative defense.

032

Sen. Prozanski

Inquires about lack of supervisory authority.

035

O’Leary

Cites information on the lack of supervisory authority and the -2 amendment.

050

Sen. Prozanski

States that he wanted the definition on the record, and continues the discussion on the topic of supervisory authority.

057

O’Leary

Talks about supervisory authority and affirmative defense.

073

Sen. Prozanski

Asks about the examples pertaining to probation officers.

081

O’Leary

Discusses the examples on probation officers.

094

Sen. Prozanski

Expresses the belief that those in supervisory positions should be held to a higher standard.

103

Sen. Starr

MOTION:  Moves to ADOPT SB 89-2 amendments dated 3/29/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

105

Chair Burdick

Hearing no objection, declares the motion CARRIED.

108

Sen. Starr

MOTION:  Moves SB 89 to the floor with a DO PASS AS AMENDED recommendation.

110

Sen. Beyer

Asks if the -1 amendment was adopted yesterday.

106

Chair Burdick

Replies yes.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

115

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

117

Chair Burdick

Closes the work session on SB 89 and opens a public hearing on SB 99.

SB 99 – PUBLIC HEARING

118

William E. Taylor

Counsel.  Describes SB 99 relating to the requirements for retention and disclosure of genetic information.

137

Katherine Bradley

Administrator, Office of Family Health, Department of Human Services.  Reads testimony in support of SB 99 (EXHIBIT C).

175

Sen. Prozanski

Asks about adopting this bill even though current Oregon statute has more protections for genetic information.

187

Gwen Dayton

Co-Chair, Advisory Committee on Genetic Privacy and Research.  Submits testimony and testifies in support of SB 99 (EXHIBIT D).  Addresses the question on SB 99 having less protection than current law.

237

Sen. Starr

Inquires about section 2 of the bill relating to providers of treatment.

243

Dayton

Clarifies the drafting of the bill.  Continues the discussion on how genetic information could be accessed under current law and under SB 99.

290

Chair Burdick

Asks why the information is needed by the agencies.

294

Dayton

Details how the doctor might need access to the information, and how they cannot get it without authorization.

318

Sen. Prozanski

Declares his hesitance to support this bill, and discuses his reasoning behind his current decision.  Wonders about certain scenarios dealing with authorization for access of genetic information.

343

Dayton

Responds with information as to why this information needs to be accessed.

362

Sen. Prozanski

Inquires about current Oregon law on this issue.

367

Dayton

Replies with information on current Oregon law.

387

Chair Burdick

Asks if the test results or the fact that the test was done is the sought after information.

389

Dayton

Offers information on the reasoning behind the tests, and the need for their information.

410

Chair Burdick

Asks what currently happens when faced with the inability to seek payments from the treatment of genetically diagnosed diseases.

412

Dayton

States that they cannot bill for the services under these situations.

418

Sen. Prozanski

Wonders about the billing procedures and restrictions.

439

Dayton

Replies with information on billing procedures and restrictions.

456

Chair Burdick

Inquires about health insurers prohibiting coverage to certain individuals due to genetic information.

458

Dayton

Points to her testimony that details the use of genetic information for discriminatory purposes.

TAPE 86, A

020

Chair Burdick

States that there are many reasons an insurer may decline coverage.

025

Taylor

Interprets the drafting for the committee members, and asks about insurers using the genetic information to discriminate.

035

Dayton

Comments on current Oregon Law relating to insurers and genetic information.

053

Chair Burdick

Asks how much billing revenue is lost due to the inability to track down the patients.

056

Dayton

Responds that she isn’t sure, and will look into the data.  Continues her discussion on the confidentiality of patient information.

077

Emily Harris

Assistant Program Director & Senior Investigator, Center for Health Research, Kaiser Permanente, Northwest Region.  Submits testimony and testifies in support of SB 99 (EXHIBIT E).  Talks about the current law on patient confidentiality in relation to genetic information.

112

Tad Falk

Citizen.  Testifies in support of SB 99.  Describes the current Oregon statutes relating to genetic privacy.

140

Falk

Discusses how current statutes are sometimes more protective and sometimes less protective than the federal laws.

151

Chair Burdick

Asks about the idea of state law being less protective than federal law.

160

Falk

Replies with information on federal and state statutes on genetic privacy.

186

Falk

Talks about insurance companies using genetic information.

212

Sen. Prozanski

Inquires if the new ideas expressed by the witness are conceptual, or are the ideas in the current bill.

218

Falk

Replies that it exists as a concept.

221

Sen. Prozanski

Wonders about the billing between 1995 and 2003 under current statutes.

230

Falk

Talks about the policies on privacy and their relation to billing.  Describes the staff members in hospitals who are experts in this field due to federal standards on privacy.

267

Betsy Earls

Kaiser Permanente.  Testifies in support of SB 99.  Details the hierarchy of Kaiser Permanente and goes on to discuss its stance on genetic privacy.

315

Earls

Comments on Kaiser Permanente’s use of genetic information and their business practices.

345

Sen. Whitsett

Asks about dual records of the patient’s information.

349

Earls

Replies that they do use a dual record system.

360

Sen. Prozanski

States that, no matter what, they will have two sets of information, and one may be redacted to protect the privacy information.

404

Chair Burdick

Asks for information on the draft on the conceptual bill discussed earlier, and the makeup of the genetic privacy committee.

415

Earls

Offers information on the statutory members of the genetic privacy committee.

421

Sen. Prozanski

Inquires about waivers or authorizations for the disclosure of genetic information.

460

Chair Burdick

Closes the public hearing on SB 99 and opens a public hearing on SB 372.

TAPE 85, B

SB 372 – PUBLIC HEARING

009

William E. Taylor

Counsel.  Describes SB 372 relating to increasing the penalty for the failure to report child abuse and abuse of persons 65 years or older to maximum of one year’s imprisonment in prison, $6250 fine, or both.  Introduces the -1 and -2 amendments (EXHIBITS F&G).

019

Sen. Walker

Senate District 7.  Testifies in support of SB 372.  Discusses the reasoning behind why they should increase the fines and punishments for these crimes.

055

Sen. Walker

Continues discussion on SB 372, and the reasoning behind the implementation of harsher punishments for refusal to report child abuse.

072

Sen. Walker

Reads several stories involving mandatory reporting of child abuse.

122

Sen. Walker

Continues reading stories involving child abuse.

140

Chair Burdick

Asks about the penalties from other states.

142

Sen. Walker

Replies with information on the penalties from other states.  Describes the repercussions for failing to fulfill the mandatory reporting class.

164

Chair Burdick

Inquires if the -1 and -2 amendments accomplish the same thing.

167

Sen. Walker

Responds that they are each unique.  Goes on to discuss the reasoning, and the necessity, behind each.

215

Timothy Travis

Court Improvement Manager, Oregon Judicial Department.  Submits a reporting manual and PowerPoint slides on mandatory reporting (EXHIBIS H – J).

250

Travis

Talks about his two PowerPoint slides submitted for testimony (Exhibits I & J).

282

Travis

Discusses the PowerPoint slides dealing with mandatory reporting techniques (Exhibit J).

319

Travis

Stresses mandatory quality training for those who are reporters.

338

Chair Burdick

Asks if the Oregon Judicial Information Network keeps track of violations.

339

Travis

Replies yes.  Continues discussion on mandatory reporting and his PowerPoint slide (Exhibit J).

376

Chair Burdick

Inquires about the immunity clause.

380

Travis

Clarifies the protections under the immunity clause.

387

Taylor

Describes a similar issue eight years ago.

313

Travis

Discusses the mandatory reporting of elder abuse.

435

Sen. Walker

Talks about the reprisals for the failure to report such crimes.  Details how a local agency is having Mr. Travis come in to train their employees on mandatory reporting.

478

Travis

States that if there are any incidences that occur to report the information immediately, no matter what.

TAPE 86, B

036

Julie McFarlane

Supervising Attorney, Juvenile Rights Project.  Submits testimony and testifies in support of SB 372 (EXHIBIT K). 

072

McFarlane

Recommends mandatory reporting training in colleges and universities.

100

McFarlane

Details the federal mandatory reporting laws.

126

Sen. Walker

Commends the witness on all her work.

133

Bob Joondeph

Director, Oregon Advocacy Center.  Submits testimony and testifies in support of SB 372 (EXHIBIT L).

183

Martin Taylor

Oregon Nurses Association.  Submits a bill chart from Maura Roach and testifies in opposition to SB 372 (EXHIBITM). 

240

Taylor

Describes Maura Roach’s chart showing all the bills relating to other bills on this topic (Exhibit M).

250

Chair Burdick

Closes the public hearing on SB 372.   Moves SB 221, SB 947, SB 251, and SB 567 to Wednesday, March 30, 2005.  Opens a work session on SB 240.

SB 240 -  WORK SESSION

275

William E. Taylor

Counsel.  Describes SB 240 relating to the creation of the Criminal Justice Research and Policy Institute within the Mark O. Hatfield School of Government.  Introduces the -2 amendment (EXHIBIT N). 

327

Sen. Starr

MOTION:  Moves to ADOPT SB 240-2 amendments dated 3/29/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

330

Chair Burdick

Hearing no objection, declares the motion CARRIED.

331

Sen. Starr

MOTION:  Moves SB 240 to the floor with a DO PASS AS AMENDED recommendation and the subsequent referral to Ways and Means be rescinded.

348

Sen. Beyer

Asks about -2 amendment.

349

Taylor

Replies with information on the -2 amendment.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

353

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

356

Chair Burdick

Closes the work session on SB 240 and opens a work session on SB 61.

SB 61 – WORK SESSION

359

William E. Taylor

Counsel.  Describes SB 61 relating to modifying the provisions relating to private security providers.  Introduces and discusses the -2 amendment (EXHIBIT O).

370

Taylor

Continues the discussion on the -2 amendment.

431

Chair Burdick

Asks about a fiscal impact or subsequent referral.

442

Taylor

Replies with information on the fiscal impact and subsequent referral to Ways and Means.

466

Harold Burke-Sivers

Director of Public Safety, University of Portland.  Testifies in support of SB 61 and stresses that there is currently no estimated fiscal impact.

501

Julie Brandis

Associate Oregon Industries.  Testifies on the fees resulting from SB 61.

TAPE 87, A

036

Sen. Starr

MOTION:  Moves to ADOPT SB 61-2 amendments dated 3/24/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

038

Chair Burdick

Hearing no objection, declares the motion CARRIED.

038

Sen. Starr

MOTION:  Moves SB 61 to the floor with a DO PASS AS AMENDED recommendation.

041

Sen. Prozanski

Stresses he has not had the chance to look the -2 over, but offers his current support.

044

Sen. Beyer

Comments on his lack of support for SB 61.

050

Chair Burdick

Orders the clerk to begin a role call vote.

 

 

VOTE:  4-1-2

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               1 - Beyer

EXCUSED:     2 - Ringo, Whitsett

052

Chair Burdick

The motion CARRIES.

SEN. STARR will lead discussion on the floor.

059

Chair Burdick

Closes the work session on SB 61 and opens a work session on SB 567.

SB 567 – WORK SESSION

061

Taylor

Counsel.  Describes SB 567 relating to

064

Sen. Starr

MOTION:  Moves SB 567 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-3

EXCUSED:  2 – Beyer, Ringo, Whitsett

066

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

072

Chair Burdick

Closes the work session on SB 567 and adjourns the meeting at 3:05 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 89, -2 amendment, staff, 1 p
  2. SB 89, written testimony, Heidi Evans, 2 pp
  3. SB 99, written testimony, Katherine Bradley, 2 pp
  4. SB 99, written testimony, Gwen Dayton, 4 pp
  5. SB 99, written testimony, Emily Harris, 2 pp
  6. SB 372, -1 amendment, staff, 1 p
  7. SB 372, -2 amendment, staff, 3 pp
  8. SB 372, Mandatory Child Abuse Report, Timothy Travis, 28 pp
  9. SB 372, PowerPoint presentation on Mandatory Reporting, Timothy Travis, 10 pp
  10. SB 372, PowerPoint presentation on Mandatory Reporting, Timothy Travis, 10 pp
  11. SB 372, written testimony, Julie McFarlane, 4 pp
  12. SB 372, written testimony, Bob Joondeph, 2 pp
  13. SB 372, Bill chart, Martin Taylor, 1 p
  14. SB 240, -2 amendment, staff, 2 pp
  15. SB 61, -2 amendment, staff, 2 pp