SENATE COMMITTEE ON JUDICIARY

 

 

March 30, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 88 - 89

Corrected 10/26/05

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 220 – Public Hearing

SB 947 – Public Hearing

SB 489 – Work Session

SB 221 – Public Hearing

SB 39 – Work Session

SB 41 – Work Session

SB 250 – Public Hearing

SB 251 – Work Session

SB 806 – 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 88, A

004

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a public hearing on SB 220.

SB 220 – PUBLIC HEARING

008

Chair Burdick

Moves SB 220 to Wednesday, April 6, 2005.  Closes the public hearing on SB 220 and opens a public hearing on SB 947.

SB 947 – PUBLIC HEARING

014

William E. Taylor

Counsel.  Describes SB 947 relating to the Department of Human Services being required to make records concerning reports of child abuse available to any person if the child dies or suffers serious physical injury.

027

Tom Gallagher

Oregon Newspaper Publishers Association.  Submits an informational packet and testifies in support of SB 947 (EXHIBIT A).  Discusses the testimony relating to child abuse.

055

Gallagher

Stresses that they are willing to work on amendments if needed.

068

Therese Bottomly

Managing Editor, The Oregonian.  Testifies in support of SB 947 and talks about the Oregonian article included in the testimony from Tom Gallagher (Exhibit A).

099

Bottomly

Comments on the Supreme Court’s stance on public records.

105

Sen. Prozanski

Expresses his conceptual support for SB 947 and details his hesitance over certain issues relating to personal records.

116

Bottomly

Explains the public record law in relation to the issue raised by Sen. Prozanski.

129

Sen. Prozanski

Asks if she believes there should be provisions to make sure criminal investigations are not jeopardized.

143

Bottomly

Addresses the issue of the release of public records possibly harming a criminal investigation.

152

Sen. Prozanski

Stresses that there still might be a problem of harming of criminal investigation.

162

Gallagher

Clarifies the public record law.

171

Chair Burdick

Asks about protections relating to the public records law.

175

Gallagher

Offers information on the release of records under the public records law.

179

Bottomly

Elaborates on the information relating to the public records law.

193

Jeneca Jones

Editor, West Lane News.  Talks about how valuable public records are to reporting the truth.  Discusses a story she wrote concerning child abuse and the lack of availability of certain public records.

244

Gallagher

Stresses his support for SB 947.

253

Sen. Walker

Commends the media for their investigatory methods.

271

Una Swanson

Child Protective Services Program Manager, Department of Human Services (DHS).  Submits testimony and testifies in opposition to SB 947 (EXHIBIT B).

320

Swanson

Continues reading testimony in opposition to SB 947, focusing on analyzing sections of the bill (Exhibit B).

373

Chair Burdick

Asks about certain scenarios where the DHS might support the bill.

386

Swanson

Replies that they are supportive of advancing the public’s knowledge and interest of public records.

398

Chair Burdick

Inquires about the safety of individuals under the public records law.

399

Swanson

Responds with several negative aspects of SB 947 and addresses the above issue.

426

Taylor

Wonders about the access to law enforcement records.

429

Swanson

Replies that both the DHS and law enforcement records would be available under the bill.

435

Taylor

Attempts to clarify the statutes relating to DHS and child abuse recording law.

438

Swanson

Offers information on the records.

456

Sen. Prozanski

Clarifies the issues relating to child abuse records and the role of the DHS.

475

Chief Bob Tardif

Police Chief, Newburg, Oregon.  Testifies on SB 947.

TAPE 89, A

024

Chair Burdick

Advocates that the proponents and opponents should get together to address their problems with the bill.  Closes the public hearing on SB 947 and opens a work session on SB 489.

SB 489 – WORK SESSION

039

Joe O’Leary

Counsel.  Describes SB 489 relating to repealing the provisions allowing the appeal of the Public Utility Commission orders to circuit court.  Discusses the -1 amendment (EXHIBIT C).

055

Sen. Walker

Comments on SB 489 and the problems with passing such a bill.

083

Chair Burdick

Commends Sen. Walker on following the issue so closely.

091

Sen. Starr

MOTION:  Moves SB 489 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Ringo

093

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

096

Chair Burdick

Closes the work session on SB 489 and opens a public hearing on SB 221.

SB 221 – PUBLIC HEARING

100

William E. Taylor

Counsel.  Describes SB 221 relating to certain information obtained by the Department of Human Services in connection with special morbidity and mortality studies being confidential, non-discoverable and inadmissible in any proceeding and exempt from disclosure under public records law.

111

Paul Cieslak

Manager, Acute and Communicable Disease Program, Department of Human Services.  Submits written testimony, the -1 amendment, and proposed amendments to SB 221 (EXHIBITS D – F).

143

Cieslak

Discusses the purposes behind bringing this bill to the legislature.

170

Cieslak

Addresses information on epidemiologic diseases (especially Hepatitis C).

191

Cieslak

Expresses his support for the amendments (Exhibits E & F).

201

Chair Burdick

Inquires about the -1 amendment and the proposed amendment.

208

Cieslak

Talks about the drafting of the amendments.

225

Dr. Mel Kohn

State Epidemiologist, Department of Human Services.  Testifies in support of SB 221.

248

Alan Tresidder

Oregon Trial Lawyers Association.  Submits written testimony from Don Payne, a person who had contracted Hepatitis C from surgery, and had a difficult time gathering the necessary information from the Department of Human Services (EXHIBIT G).

290

Tom Gallagher

Oregon Newspaper Publishers.  Testifies in support of SB 221.

301

Scott Gallant

Oregon Medical Association.  Testifies in support of SB 221.  Advocates care and caution when dealing with such a sensitive issue.

351

Chair Burdick

Closes the public hearing on SB 221 and opens a work session on SB 39 and SB 41.

SB 39 & SB 41 – WORK SESSION

370

Chair Burdick

Moves both SB 39 & SB 41to Monday, April 14, 2005.  Closes the work session on SB 39 & SB 41 and opens a public hearing on SB 250.

SB 250 – PUBLIC HEARING

375

Joe O’Leary

Counsel.  Describes SB 250 relating to allowing the courts to commit defendants who lacks the capacity to stand trial to a treatment facility other than the state

413

Bob Joondeph

Executive Director, Oregon Advocacy Center.  Submits testimony and testifies in support of SB 250 (EXHIBIT H).

460

Joondeph

Discloses the effort required to deal with the overcrowding issue.

TAPE 88, B

040

Joondeph

Addresses the problems of overflow and how they are able to get the inmate or prisoner evaluations done quickly and safely.

055

Joondeph

Talks about the budget concerns facing the department. 

068

Chair Burdick

Asks about the fiscal impact statement.

069

Joondeph

Replies with information on where the fiscal is located.

072

Sen. Whitsett

Inquires what would occur if the evaluation was not completed within an acceptable amount of time.

076

Joondeph

Replies that there would currently be no specific penalty under this bill.

094

Marvin Fickle

Superintendent, Oregon State Hospital, Department of Human Services.  Submits testimony and testifies in opposition to SB 250 (EXHIBIT I).

126

Chair Burdick

Inquires about the different estimates on a fiscal impact.

130

Fickle

Replies with information on the budget concerns relating to the county jails providing too many patients to efficiently administer.

143

Chair Burdick

Asks about their inability to provide beds.

147

Fickle

Responds with information on the patients who are under the responsibility of the Oregon State Hospital under this current law.

163

Sen. Prozanski

States that this is merely the tip of the iceberg with the Oregon State Hospital and their funding problems.

178

Chair Burdick

Closes the public hearing on SB 250 and opens a work session on SB 251.

SB 251 – WORK SESSION

187

Chair Burdick

Calls a recess at 2:18 p.m. 

188

Chair Burdick

Recalls the meeting to order at 2:20 p.m.

189

William E. Taylor

Describes SB 251 relating to extending the statute of limitations for custodial interference in any degree.  Introduces the -1 amendment (EXHIBIT J).  Submits written testimony from Merle Weiner, law professor at the University of Oregon (EXHIBIT K).

212

Chair Burdick

Closes the work session on SB 251 and calls the meeting to recess at 2:24 p.m.

218

Chair Burdick

Calls the meeting to order at 2:25 p.m. and opens a public hearing on SB 806.

SB 806 – PUBLIC HEARING

220

William E. Taylor

Counsel.  Describes SB 806 relating to expanding the definition of public body under the current Oregon Tort Claims Act to include private, nonprofit organizations that provide transportation services.

230

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disabilities.  Expresses their desire to work with the drafting of the bill.

243

Doug Bartlett

Executive Director, community action agency, Yamhill County.  Testifies in support of SB 806.  Discusses the reasoning behind the bill.

292

Alan Tresidder

Oregon Trial Lawyers Association.  Submits testimony and testifies in opposition to SB 806 (EXHIBIT L).  Explains the history of tort claims act in relation to the bill.

352

Chair Burdick

Encourages cooperation with the opponents to fix any problems they might have with the bill.

364

Sen. Gary George

Senate District 2.  Testifies in support of SB 806.  Describes the steps taken in the past to deal with this issue.

420

Chair Burdick

Closes the public hearing on SB 806 and adjourns the meeting at 2:35 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 947, informational packet, Tom Gallagher, 33 pp
  2. SB 947, written testimony, Una Swanson, 2 pp
  3. SB 489, -1 amendment, staff, 1 p
  4. SB 221, written testimony, Paul Cieslak, 3 pp
  5. SB 221, -1 amendment, staff, 1 p
  6. SB 221, proposed amendment, staff, 1 p
  7. SB 221, written testimony, Alan Tresidder, 1 p
  8. SB 250, written testimony, Bob Joondeph, 2 pp
  9. SB 250, written testimony, Marvin Fickle, 1 p
  10. SB 251, -1 amendment, staff, 1 p
  11. SB 251, written testimony, Merle Weiner, 2 pp
  12. SB 806, written testimony, Alan Tresidder, 1 p