SENATE COMMITTEE ON JUDICIARY

 

 

April 28, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 124 - 125

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 William E. Taylor, Counsel                                                               

                                                Joe O'Leary, Counsel

                                                Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:                    

                                                SB 324 – Work Session

                                                SB 243 – Work Session

                                                SB   99 – Work Session

                                                SB 265 – 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 124, A

003

Chair Burdick

Calls the meeting to order at 1:24 p.m. and opens a work session on SB 324.

SB 324 – WORK SESSION

006

William E. Taylor

Counsel.  Describes SB 324 relating to removing the exception requiring confidentiality under certain conditions for the terms of settlement or compromise of actions involving public body and terms of mediation agreement involving a public body.  Describes the -2 and introduces the -3 amendment (EXHIBIT A).

031

Sen. Walker

States that the -3 amendment is vital to the bill; goes on to describe the changes made in that amendment.

047

Chair Burdick

Brings up the issue that someone, under the current statute, can be identified even without their name.

050

Sen. Beyer

Talks about how the amendment to the bill.

056

Sen. Starr

MOTION:  Moves to ADOPT SB 324-3 amendments dated 4/27/05.

 

 

VOTE:  7-0-0

057

Chair Burdick

Hearing no objection, declares the motion CARRIED.

058

Sen. Starr

MOTION:  Moves SB 324 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

060

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

065

Chair Burdick

Closes the work session on SB 324 and opens a work session on SB 243.

SB 243 – WORK SESSION

067

Joe O’Leary

Counsel.  Describes SB 243 relating to modifying the conditions of post-prison supervision or parole for persons convicted of a sex crime.  Introduces and describes the -4 amendment (EXHIBIT B).

099

Sen. Starr

MOTION:  Moves to ADOPT SB 243-4 amendments dated 4/21/05.

 

 

VOTE:  7-0-0

101

Chair Burdick

Hearing no objection, declares the motion CARRIED.

103

Sen. Starr

MOTION:  Moves SB 243 to the floor with a DO PASS AS AMENDED recommendation.

105

Sen. Prozanski

Declares that the house committee on the Judiciary will not amend this version of the bill.

 

 

VOTE:  7-0-0

112

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

114

Chair Burdick

Closes the work session on SB 243 and opens a work session on SB 99.

SB 99 – WORK SESSION

115

William E. Taylor

Counsel.  Describes SB 99 relating to modifying the requirements for retention and disclosure of genetic information.  Introduces and discusses the -1 and -2 amendments (EXHIBITS C & D).

138

Kerry Silvey

Genetics Program Coordinator, Oregon Department of Human Services, Health Services.  Talks about the -1 amendment for SB 99.

160

Chair Burdick

Asks about the protections against insurance discrimination.

165

Silvey

Replies that everyone has certain predispositions, genetically, towards different traits, diseases, conditions, etc.  Stresses that people should not be penalized (through insurance underwriting).

171

Silvey

States that, since everyone has these predispositions, this should have no impact on the risk factors for insurance agencies.

197

Sen. Whitsett

Inquires if this amendment expands the criteria of discrimination by insurance agencies to include all diseases as opposed to just genetic conditions.

219

Silvey

Explains that, when the legislation was initially discussed, only a few diseases were defined as genetic; recent research ties genetics into nearly every condition.

232

Sen. Whitsett

Wonders if tuberculosis is considered a genetic disease.

234

Silvey

Replies that there are genes that develop the antibody for those types of diseases, and some people may not have an abundance of the specific genes.

250

Taylor

Asks if everyone’s complete medical history is genetic.

258

Silvey

Responds that all medical tests and results are based entirely on genetics (samples of blood, clinical trials, etc.).

268

Taylor

Inquires if blood type is considered a genetic test.

272

Silvey

Stresses that it would be a genetic test, and that the different types of blood can act differently.

286

Elizabeth Earls

Kaiser Permanente.  Discusses the -2 amendment.  Talks about the changes to current statute that would be enacted by passing the -2 amendment.

320

Chair Burdick

Asks about insurers using information resulting from genetic tests in underwriting penalties.

329

Earls

Describes how the -2 amendment seeks to halt such an occurrence.

357

Sen. Prozanski

Inquires about a possible conflict in the drafting that allows insurance companies to access these documents.

371

Earls

Stresses that the section under question relates to HealthCare providers as opposed to insurers.

386

Sen. Prozanski

Asks what comprises healthcare operations.

387

Earls

Replies with information on what may comprise healthcare operations.

400

Chair Burdick

Expresses her support of these amendments, and believes they stop insurance companies from accessing and using this personal information for the purpose of underwriting costs.

418

Sen. Whitsett

Declares his hesitance to support the clause relating to all diseases being labeled as genetic conditions. 

432

Chair Burdick

States that the intent is not to discriminate against individuals.

458

Sen. Walker

Asks if they need both amendments.

TAPE 125, A

016

Chair Burdick

Says they need both.

017

Sen. Beyer

Asks for the evidence that proves there is a problem for this bill to fix; there has been a lack of proof to support passing this bill.

031

Sen. Prozanski

Inquires about the purpose of the -1 amendment protecting the genetic information of individuals which then might be used against them in their employment.

041

Silvey

Stresses that current statutes defines genetic information very narrowly, and this attempts to protect family medical history.

049

Sen. Prozanski

Desires clarification on the need for the -1 amendment.

054

Silvey

Talks about how this aspect of the bill does not deal with the disclosure but rather the use of that information.

069

Sen. Prozanski

Inquires if the data is prohibited from being disseminated in a negative way against the individual.

075

Silvey

Replies that this involves only the use of the data (underwriting insurance, etc.).

083

Sen. Beyer

Explains that this is unlawful employment practice.  Brings up a hypothetical involving actions being brought against employers due to known medical history.

104

Chair Burdick

Talks about how some genetic diseases are covered in current statute.

119

Silvey

Discusses the -1 amendment dealing with employment and insurance issues.

138

Sen. Walker

Declares that the -1 amendment addresses the problems with current statute.

151

Sen. Beyer

Explains that anytime a person doesn’t hire a prospective employee, this bill would open up legal actions if the employer has some form of medical knowledge of that family (member of the family had a heart attack in the past, etc.).

171

Taylor

Reads ORS 192.531 dealing with the definition of genetic information.

181

Sen. Beyer

Talks about the need for tighter drafting language on what would constitute genetic information.

192

Sen. Prozanski

Explains that he believes such knowledge used against a prospective employee would need to be garnered through genetic tests, and not anyway else (knowledge of the family, etc.).

185

Taylor

Discusses the legal definition of genetic tests.

235

Sen. Beyer

Recommends certain drafting choices that would make him more comfortable with the bill.

246

Sen. Walker

Inquires about employers being allowed to access personal medical records.

270

Silvey

Points out the argument that prospective employers can establish such testing as a requirement for employment.

295

Sen. Whitsett

Declares that the requirement to provide medical testing is an entirely legal criterion.

317

Chair Burdick

Says that medical employees, public safety officers, etc., are required to take medical tests to determine their level of fitness for their positions.

337

Taylor

Reads the legal definition of “solely genetic disease/condition,” and the importance of establishing legislative history/intent on the senate and house floor.

355

Chair Burdick

Inquires about existing law for limitations on employment practices.

374

Silvey

Offers information on existing employment statutes, and how this bill does not seek to undermine those rules.

387

Chair Burdick

Expresses her desire to have counsel work with the witnesses to come to a better amendment dealing with the issues raised today.

319

Silvey

Talks about the drafting language difficulties in framing conditions that are “solely genetic” within the bill.

437

Chair Burdick

Asks how you can tell between genetic factors and lifestyle factors relating to conditions like heart attacks.

444

Silvey

Replies with information on past diagnosis and factors for diseases/conditions being wrong; advancing technology continually changes our knowledge of the factors for diseases and conditions.

472

Sen. Prozanski

States that the amendments dictate the employer cannot discriminate against a prospective employee because of their family medical history.

 

TAPE 124, B

018

Chair Burdick

Talks about the problems brought up by Sen. Beyer concerning the employers needing protection against allegations from prospective employees.

024

Sen. Prozanski

Brings up the issue that you can always have an employee bring up erroneous claims against a prospective employer.

055

Chair Burdick

Introduces written testimony from Nancy C. Prouser in support of SB 99 (EXHIBIT G).  Closes the work session on SB 99 and opens a work session on SB 265.

SB 265 – WORK SESSION

067

William E. Taylor

Counsel.  Introduces and describes the -1 amendment (EXHIBIT E).  Submits written testimony from Virginia R. Vanderbilt, Senior Deputy Legislative Counsel, on the -1 amendment (EXHIBIT F).

100

Sen. Prozanski

Commends the work done by Legislative Counsel and the process servers that this bill seeks to help.

118

Chair Burdick

Closes the work session on SB 265 and moves SB 881 to Tuesday, April 3, 2005.  Adjourns the meeting at 2:27 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 324, -3 amendment, staff, 3 pp
  2. SB 243, -4 amendment, staff, 2 pp
  3. SB 99, -1 amendment, staff, 5 pp
  4. SB 99, -2 amendment, staff, 2 pp
  5. SB 265, -1 amendment, staff, 1 p
  6. SB 265, written testimony, Virginia Vanderbilt, 2 pp
  7. SB 99, written testimony, Nancy Prouser, 2 pp