SENATE COMMITTEE ON JUDICIARY

 

 

May 26, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 148 - 149

Corrected 10/26/05

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charles Starr, Vice-Chair

 

 

STAFF PRESENT:                 William E. Taylor, Counsel

                                                Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2415A – Work Session

HB 2416A – Work Session

HB 2978A – Work Session

HB 3266 – Work Session

HB 2141 – Work Session

HB 2051 – Work Session

HB 2145 – Work Session

HB 2723 – Work Session

HB 2724 – 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 148, A

003

Chair Burdick

Calls the meeting to order at 1:16 p.m. and opens a work session on HB 2415A.

HB 2415A – WORK SESSION

007

Sam Sears

Counsel.  Describes HB 2415A relating to establishing the rules governing passage of property from an elderly and incapacitated persons who suffer physical or financial abuse that results in a felony conviction of the abuser.  States that there are no amendments to the bill.

022

Sen. Walker

MOTION:  Moves HB 2415A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Starr

024

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

030

Chair Burdick

Closes the work session on HB 2415A and opens a work session on HB 2416A.

HB 2416A – WORK SESSION

031

Sam Sears

Counsel.  Describes HB 2416A relating to extending to persons with disabilities the law allowing actions against persons who abuse vulnerable persons or permit other persons to engage in abuse of vulnerable persons. 

039

Sen. Beyer

Discusses the issues and controversies talked about during the House Committee over the definition of the term ‘people with disabilities.’

046

Sears

Defines the definition, according to Legislative Counsel. 

066

Sen. Walker

MOTION:  Moves HB 2416A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

069

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

070

Chair Burdick

Closes the work session on HB 2416A and opens a work session on HB 2978A.

HB 2978A – WORK SESSION

071

Sam Sears

Counsel.  Describes HB 2978A relating to permits the courts in judgment of annulment, separation, or dissolution of marriage to order revocation of a designation of beneficiary made by the principal in favor of a spouse or relative of a spouse in a life insurance policy or under certain retirement plans or certain investment and bank accounts.

077

Sen. Walker

MOTION:  Moves HB 2978A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

080

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

089

Chair Burdick

Closes the work session on HB 2978A and opens a work session on HB 3266.

HB 3266 – WORK SESSION

090

Sam Sears

Counsel.  Describes HB 3266 relating to modifying the definition of “financial institutions” in relation to a seller’s property disclosure statement.

098

Sen. Walker

MOTION:  Moves HB 3266 be sent to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

100

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

103

Chair Burdick

Closes the work session on HB 3266 and opens a work session on HB 2141.

HB 2141 – WORK SESSION

105

Heidi Moawad

Counsel.  Describes HB 2141 relating to modifies provisions that allow the Department of Corrections and the Oregon Youth Authority to transfer persons committed to their custody to the state mental hospital for evaluation and treatment.  Introduces and describes the -3 amendment (EXHIBIT A).

130

Moawad

Describes the effects of the bill, and the reasoning behind the need for these provisions.

169

Sen. Walker

MOTION:  Moves to ADOPT HB 2141-3 amendments dated 5/17/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

170

Chair Burdick

Hearing no objection, declares the motion CARRIED.

171

Sen. Walker

MOTION:  Moves HB 2141 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

175

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

183

Chair Burdick

Closes the work session on HB 2141 and opens a work session on HB 2051.

HB 2051 – WORK SESSION

186

William E. Taylor

Counsel.  Describes HB 2051 relating to modifying the provisions relating to youth offender foster homes.  Introduces and describes the -1 amendment (EXHIBIT B).

200

Karen Andall

Oregon Youth Authority.  Testifies in support of HB 2051 and how it is merely a clean up bill addressing issues resulting from the Oregon Youth Authority splitting off from the Department of Human Services.

215

Chair Burdick

Asks why the -1 amendment was necessary.

217

Andall

Replies that the Oregon Youth Authority (OYA) has many offenders at this age in their programs.

233

Sen. Whitsett

Inquires about the 18 to 25 year old youths who were in the program until restitution was completed.

239

Andall

Addresses the youths in their jurisdiction who need to complete their restitution programs.

251

Sen. Whitsett

Asks if the state is covering the cost of foster care for these youths in order for them to earn restitution payments.

253

Andall

Replies yes, and offers an explanation of their program’s requirements to keep those youth offenders.

261

Sen. Beyer

Inquires what occurs to those youths who are over the age of 18.

264

Andall

Talks about the youth offenders over the age of 18.

280

Sen. Beyer

Asks if they want the Legislature to change to statute to fit the current practice of the OYA.

282

Andall

Describes the mandated programs they are required to fulfill, and how they want the Legislature to clarify this conflict.

292

Chair Burdick

Inquires if the law prohibits the OYA from doing this already.  Asks if it was more or less expensive to have the youths in foster care versus the full custody of the OYA.

295

Andall

Stresses that the law does not prohibit them from doing this.  Talks about how foster care is a very cost-effective method.

309

Taylor

Discusses the statute related to this issue on authority.

321

Sen. Beyer

Asks what statute gives the OYA the authority to place individuals over the age of 18 into foster care.

328

Andall

Addresses the question relating to youths over the age of 18 being in foster care and comments on the statute dealing with youths who fall under OYA’s authority.

343

Sen. Beyer

Wonders about youths being required to be placed into other facilities after the age of 18.

348

Andall

Talks about youth offenders over the age of 18, and the laws relating to this issue.

363

Taylor

Attempts to clarify the issue of youths over the age of 18.  Asks where they place these offenders.

394

Andall

Discusses their responsibilities for offenders over the age of 18 and where they place the offenders who are over the age of 18.

420

Andall

Talks about the history of the OYA and how the statutes came about.  States that the Oregon Law Commission addresses these issues during the interim.

443

Sen. Beyer

Inquires if the Legislature in 1995 wanted the children above the age of 18 to remain in foster care.

TAPE 149, A

011

Sen. Whitsett

Wonders if the OYA thinks that they should have the power to accomplish goals outside their statutory authority.

017

Andall

States that the OYA seeks to follow the statutory authority granted to them.

023

Taylor

Talks about the different levels of maturity for children of all ages.  Declares that the age of 25 was a policy decision chosen because of this.

037

Sen. Prozanski

Comments that he does not believe there was discussion during the 1997 session when the OYA was created that seeks to prohibit the OYA from doing this.

071

Andall

Mentions that the juvenile court determines if a youth is placed within a closed-custody facility; the agency then determines the parole and the plan for restitution.

089

Sen. Prozanski

Inquires if the OYA needs to return an offender who had been removed from closed-custody programs.

095

Andall

Talks about the court authority relating to this issue.

105

Sen. Prozanski

Asks if the OYA has temporary power to make these decisions for the youth.

109

Andall

Replies with information on the OYA’s authority on this issue.

119

Sen. Beyer

Wonders what might happen if this bill is not adopted with the amendment.

120

Andall

States that the OYA would have to make drastic decisions (either terminate the custody, or removal) for the offenders aged 18 and above.

133

Sen. Beyer

Asks about the residential treatment programs.

136

Andall

Responds with information on the residential programs in Oregon: private program providers.

146

Chair Burdick

Asks about the pricing as compared to foster care.

148

Andall

Replies that they are more expensive than foster care.

151

Sen. Whitsett

Wonders about the number of offenders over the age of 18 in foster care.

153

Andall

States that she believes there are around 90 offenders.

156

Sen. Beyer

Raises the issue of where the offenders would then be kept and is it appropriate for the state to pay foster care for offenders over the age of 18 and below the age of 25.

173

Chair Burdick

Talks about the authority of the OYA to deal with this age block of offenders.

185

Sen. Prozanski

Addresses the past legislative discussions on the choice to increase the age from 18 to 25 for keeping young offenders in foster care.

198

Sen. Beyer

Stresses that his issue is with the 18-25 year old who cannot safely re-enter society, where it costs more to keep them in foster care as opposed to the Department of Corrections.

215

Sen. Walker

MOTION:  Moves to ADOPT HB 2051-1 amendments dated 5/19/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

218

Chair Burdick

Hearing no objection, declares the motion CARRIED.

219

Sen. Walker

MOTION:  Moves HB 2051 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

225

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

230

Chair Burdick

Closes the work session on HB 2051 and opens a work session on HB 2145.

HB 2145 – WORK SESSION

232

Heidi Moawad

Counsel.  Describes HB 2145 relating to provides that county parole and probation officers have the powers of a peace officer in execution of their duties.

250

Sen. Walker

MOTION:  Moves HB 2145 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

253

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

256

Chair Burdick

Closes the work session on HB 2145 and opens a work session on HB 2723.

HB 2723 – WORK SESSION

257

Heidi Moawad

Counsel.  Describes HB 2723 relating to requiring employers to grant leaves of absences to public safety officers who are on the Board of Public Safety Standards and Training or on a committee established by the board to allow an officer to attend meetings and perform the duties of the board or committee.

271

Sen. Walker

MOTION:  Moves HB 2723 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

276

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

280

Chair Burdick

Closes the work session on HB 2723 and opens a work session on HB 2724

HB 2724 – WORK SESSION

282

Heidi Moawad

Counsel.  Describes HB 2724 relating to providing that the home address, home telephone number, and the electronic mail address of public safety officers are exempt from disclosure.  Introduces the -2 amendment (EXHIBIT C).

310

Sen. Walker

MOTION:  Moves to ADOPT HB 2724-2 amendments dated 5/26/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

311

Chair Burdick

Hearing no objection, declares the motion CARRIED.

312

Sen. Walker

MOTION:  Moves HB 2724 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

315

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

320

Chair Burdick

Closes the work session on HB 2724 and adjourns the meeting at 2:05 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2141, -3 amendment, staff, 7 pp
  2. HB 2051, -1 amendment, staff, 1 p
  3. HB 2724, -2 amendment, staff, 1 p