SENATE COMMITTEE ON JUDICIARY

 

 

May 31, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 150 - 151

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Doug Whitsett

 

MEMBERS EXCUSED:        Sen. Charlie Ringo

Sen. Vicki Walker

 

 

STAFF PRESENT:                 William E. Taylor, Counsel   

                                                Joe O'Leary, Counsel

                                                Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 1047 – Public Hearing and Work Session

HB 2568 – Public Hearing and Work Session

SB 1025 – Work Session

SB 392 – Work Session

HB 2634 – Work Session

HB 2305A – Public Hearing and Work Session

HB 2306A – 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 150, A

002

Chair Burdick

Calls the meeting to order at 1:18 p.m. and opens a public hearing on SB 1047.

SB 1047 – PUBLIC HEARING

007

Joe O’Leary

Counsel.  Describes SB 1047 relating to creating an authority for fatality review teams to review records related to domestic violence fatalities for the purpose of preventing future fatalities.  Introduces and discusses the -1 amendment (EXHIBITA).

038

Rep. Kim Thatcher

House District 25.  Testifies in support of SB 1047.

059

Sen. Starr

Inquires if she is testifying in support of the -1 amendment.

056

Rep. Thatcher

Responds that she has not seen the amendment, but from what she understands, she supports them.

068

Hans Bernard

Legislative Aide, Sen. Brown.  Testifies in support of SB 1047.

085

Honorable Dale Koch

Presiding Judge, Multnomah County Circuit Court.  Testifies in support of SB 1047.

128

Sen. Beyer

Asks if there is a current prohibition from doing what the bill seeks to accomplish.

131

Judge Koch

Replies that there is not, and explains the need for this bill.

151

Sybil Hebb

Oregon Law Center.  Submits written testimony from Nancy Glass, Co-Director of the Center for Health Disparities Research at Oregon Health & Science University, Judy Shiprack, Executive Director of the Multnomah County Local Public Safety Coordinating Council, and Denis Washington, the Executive Director of the Oregon Coalition Against Domestic & Sexual Violence and testifies in support of SB 1047 (EXHIBITS B-D).

190

Hebb

Talks about a statewide response team that would deal with instances of domestic abuse and violence.

223

Connie Gallagher

Administrator, Crime Victims’ Assistance Section, Oregon Department of Justice.  Submits testimony and testifies in support of SB 1047 (EXHIBIT E).

257

Terrie Quinteros

Program Director, Crime Survivors for Community Safety.  Submits testimony and testifies in support of SB 1047 (EXHIBIT F).

281

LeAnn Mederios

Intimate Partner Violence Data Collection Program Manager, Oregon Department of Human Services.  Submits testimony and testifies in support of SB 1047 (EXHIBIT G).

319

Chair Burdick

Closes the public hearing and opens a work session on SB 1047.

SB 1047 – WORK SESSION

526

Sen. Starr

MOTION:  Moves to ADOPT SB 1047-1 amendments dated 5/11/05.

331

Sen. Beyer

Asks why the vote count requirement was changed from a majority to a 2/3 vote.

339

Sybil Hebb

Oregon Law Center.  Addresses the reasoning behind the -1 amendment.

368

Sen. Beyer

Inquires about the original bill from the house committees that incorporated the amendment.

375

Hebb

Replies that the bill in front of the committee, SB 1047, incorporates the amendment that did not go into the original house bill.

383

Sen. Whitsett

Wonders about the definition of “child” in SB 1047.

388

Hebb

Talks about the definition of a “child,” and how the bill would be interpreted.

372

Sen. Whitsett

Inquires if the bill would apply to an unborn fetus.

403

Hebb

Replies it would not.

407

Sen. Beyer

Desires a hand-engrossed copy of SB 1047 with the -1 amendment.

433

Sen. Starr

MOTION:  Moves to WITHDRAW the MOTION to ADOPT SB 1047-1 amendments dated 5/11/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

435

Chair Burdick

Hearing no objection, declares the motion CARRIED.

441

Chair Burdick

Closes the work session on SB 1047 and opens a public hearing on HB 2568.

HB 2568 – PUBLIC HEARING

442

Heidi Moawad

Counsel.  Describes HB 2568 relating to requiring the circuit court in Gresham to transfer the proceedings to a court facility in Portland if the accused is in custody of the county sheriff or the Department of Corrections or if the circuit court issues an arrest warrant for the accused in the pending criminal action.

TAPE 151, A

018

Honorable Dale Koch

Presiding Judge, Multnomah County Circuit Court.  Testifies in support of HB 2568.

063

Chair Burdick

Closes the public hearing and opens a work session on HB 2568.

HB 2568 – WORK SESSION

065

Sen. Starr

MOTION:  Moves HB 2568 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Prozanski, Ringo, Walker

068

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

070

Chair Burdick

Closes the work session on HB 2568 and opens a work session on SB 1025.

SB 1025 – WORK SESSION

081

William E. Taylor

Counsel.  Introduces and describes the -3 amendment, which effectively replaces the bill (EXHIBIT H).

094

Gwen Dayton

Co-Chair, Advisory Committee on Genetic Privacy and Research.  Testifies in support of SB 1025.  Discusses the creation of the -3 amendment.

137

Dayton

Talks about a typical situation involving the use of genetic information and DNA samples.

158

Chair Burdick

Asks about patients who gained genetic/DNA information before current privacy standards could have their information accessed.

164

Dayton

Replies that the information gained before current privacy standards (Health Insurance Portability and Accountability Act of 1996) could not be accessed under the bill.

178

Dave Fidanque

Executive Director, American Civil Liberties Union of Oregon.  Addresses current law on this issue, and how it has never been adequately implemented.  Testifies in support of the -3 amendment.

215

Fidanque

States that the -3 amendment allows health care providers to implement the Health Insurance Portability and Accountability Act of 1996 (HIPAA) notification several different ways.

244

Bruce Bishop

Oregon Association of Hospitals and Health Systems.  Testifies in support of SB 1025 and the -3 amendment. 

262

Chair Burdick

Inquires about the ‘opting-out’ option, and if it will be a widely used method.

271

Bishop

Replies that he believes a very small amount will utilize this aspect of the bill.

277

Fidanque

Stresses that the largest problem facing the industry is the lack of warning and notification of the patient relating to the use of their biological specimen or information.

307

Fidanque

States that there is a large concern among the populace relating to genetic research.

324

Taylor

Addresses the definition of “covered entity” and asks what is not a “covered entity.”

333

Dayton

Discusses the definition of “covered entities” according to the law.

360

Chair Burdick

Inquires if those specimens would be allowed to be researched.

363

Dayton

Conveys that, because there was not an opportunity for the patient to ‘opt-out,’ their information could not be used.

373

Fidanque

States that less than 5% of all health care providers would face this problem.

399

Dayton

Talks about non-covered providers referring a patient to a covered lab, that lab would then be responsible in providing a notification to the patient.  States that certain labs are not covered by HIPAA standards.

429

Taylor

Discusses if there is any way for the sample to be used after a patient says ‘no.’

441

Dayton

States that you can only use someone’s DNA or genetic sample only if someone was notified and did not ‘opt-out.’

456

Ted Falk

Testifies in support of SB 1025 with the -3 amendment.

TAPE 150, B

026

Chair Burdick

Commends the panel for working on a difficult issue.

034

Dr. Gary Kyoto

Director, Oregon Health & Science University Research Integrity Office.  Testifies in support of SB 1025 and the -3 amendment.

063

Sen. Starr

MOTION:  Moves to ADOPT SB 1025-3 amendments dated 5/31/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

067

Chair Burdick

Hearing no objection, declares the motion CARRIED.

067

Sen. Starr

MOTION:  Moves SB 1025 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

070

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

073

Chair Burdick

Closes the work session on SB 1025 and opens a work session on SB 392.

SB 392 – WORK SESSION

074

William E. Taylor

Counsel.  Describes SB 392 relating to providing that if a person slays another person, the property that would have passed from the heir or devisee of the descendent to the slayer, whether by interstate succession, by will, or by trust, passes and vests as if the slayer had predeceased the descendent unless the heir or devisee specifically provides otherwise by will or other instrument executed after the death of descendent.

090

Sen. Starr

MOTION:  Moves SB 392 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

093

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WESTLUND will lead discussion on the floor.

095

Chair Burdick

Closes the work session on SB 392 and opens a work session on HB 2634.

HB 2634 – WORK SESSION

098

Sam Sears

Counsel.  Describes HB 2634 relating to establishing a pleading requirement for an action asserting professional negligence against a real estate license.

115

Sen. Starr

MOTION:  Moves HB 2634 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

118

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

120

Chair Burdick

Closes the work session on HB 2634 and opens a public hearing on HB 2305A.

HB 2305A – PUBLIC HEARING

122

Sam Sears

Counsel.  Describes HB 2305A relating to allowing a delivery of writ of garnishment to a person designated by the sole proprietor to accept the service.

135

Jim Markee

Oregon Collectors Association.  Submits testimony and testifies in support of HB 2305A (EXHIBIT I).

154

Chair Burdick

Closes the public hearing and opens a work session on HB 2305A.

HB 2305A – WORK SESSION

157

Sen. Starr

MOTION:  Moves HB 2305A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

160

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

163

Chair Burdick

Closes the work session on HB 2305A and opens a public hearing on HB 2306A.

HB 2306A – PUBLIC HEARING

164

Sam Sears

Counsel.  Describes HB 2306A relating to making unmarried parents of minor children liable for the expenses and education of the child.

177

Jim Markee

Oregon Collectors Association.  Submits testimony and testifies in support of HB 2306A (EXHIBIT J).

215

Markee

States that they did not want to extend family debts to spouses unless they related to the benefit of the children.

265

Chair Burdick

Inquires about debts that the child may incur.

268

Markee

States that debts incurred by a minor or child are usually not fully enforceable.  Addresses a section in his testimony, ORS 101.112, which states you are no longer a minor when you have a child.  Declares that the parents are no longer responsible for the debt she may incur after that child.

318

Chair Burdick

Brings up the issue of a son (minor), as opposed to a daughter, having a child, and if these rules would still apply.

322

Markee

Replies that it is the same, no matter the sex of the child.

349

Sen. Prozanski

Inquires if the parents of a minor who is emancipated would still be obligated until the age of 18.

351

Markee

States that they would not be obligated to a child until the age of 18 if the child is emancipated earlier.

372

Sen. Beyer

Inquires about a married 16 year old child.

382

Markee

Replies that there is another operative statute that would address the issue.

396

Sen. Whitsett

Inquires about the 16 year old unmarried parent and the responsibility of the parents.

409

Markee

Offers clarification on the statutes relating to this issue.

450

Sen. Whitsett

Asks for more clarification on the current law relating to unmarried parents.

460

Markee

Clarifies the current statutes on this issue.

492

Chair Burdick

Closes the work session on HB 2306A and adjourns the meeting at 2:50 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. SB 1047, -1 amendment, staff, 2 pp
  2. SB 1047, written testimony, Sybil Hebb, 2 pp
  3. SB 1047, written testimony, Sybil Hebb, 1 p
  4. SB 1047, written testimony, Sybil Hebb, 2 pp
  5. SB 1047, written testimony, Connie Gallagher, 1 p
  6. SB 1047, written testimony, Terrie Quinteros, 1 p
  7. SB 1047, written testimony, LeAnn Mederios, 2 pp
  8. SB 1025, -3 amendment, staff, 13 pp
  9. HB 2305A, written testimony, Jim Markee, 1 p
  10. HB 2306A, written testimony, Jim Markee, 7 pp