SENATE COMMITTEE ON JUDICIARY

 

 

June 02, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 154 - 155

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

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

SB 592 – Work Session

SB 1034 – Work Session

HB 2359A – Public Hearing and Work Session

HB 2221B – Public Hearing

HB 2203 – Public Hearing and Work Session

HB 2205A – Public Hearing and Work Session

HB 2730A – 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 154, A

003

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a work session on SB 592.

SB 592 – WORK SESSION

009

William E. Taylor

Counsel.  Describes SB 592 relating to not allowing consideration of reasonable and prudent factors for the violation of the basic speed rule if a person exceeds certain speeds on secondary highways.  Introduces and describes the -2 amendment (EXHIBIT A).

015

Sen. Prozanski

Discusses the need for the -2 amendment in lieu of the -1 amendment talked about at an earlier committee meeting.

034

Chair Burdick

Asks why primary highways were not included in the bill and asks for a definition.

036

Sen. Prozanski

Talks about the difference between a primary highway and secondary highway, and why they chose to include such a specification in the bill.

052

Sen. Whitsett

Inquires about a hypothetical situation involving driving above the suggested speed limit.

054

Sen. Prozanski

Describes the court process, and the defense used in such cases.

084

Sen. Whitsett

Comments on the removal of judicial discretion on these matters resulting from the passage of SB 592.

088

Sen. Prozanski

Stresses that such a defense of “road conditions” could not be used by motorists to exceed the posted speed limit.

122

Sen. Prozanski

Discusses the reasoning behind the bill; small towns requested the bill because of excessive speeding through their rural townships.

133

Sen. Starr

MOTION:  Moves to ADOPT SB 592-2 amendments dated 5/12/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

135

Chair Burdick

Hearing no objection, declares the motion CARRIED.

137

Sen. Starr

MOTION:  Moves SB 592 to the floor with a DO PASS AS AMENDED recommendation.

139

Sen. Whitsett

Declares his hesitance to support the bill.

 

 

VOTE:  4-2-1

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

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

152

Chair Burdick

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

155

Chair Burdick

Closes the work session on SB 592 and opens a work session on SB 1034.

SB 1034 – WORK SESSION

158

Joe O’Leary

Counsel.  Describes SB 1034 relating to establishing criteria for a court to dismiss the commitment of a ward to the Department of Human Services.  Introduces and describes the -1 amendment (EXHIBIT B).

172

Sen. Kate Brown

Senate District 21.  Testifies in support of SB 1034. 

186

Sen. Starr

MOTION:  Moves to ADOPT SB 1034-1 amendments dated 5/23/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

188

Chair Burdick

Hearing no objection, declares the motion CARRIED.

190

Sen. Starr

MOTION:  Moves SB 1034 to the floor with a DO PASS AS AMENDED recommendation.

192

Sen. Beyer

Desires clarification on the issue of the state retaining youths in foster care from the ages of 18 to 21.

202

Julie McFarlane

Supervising Attorney, Juvenile Rights Project.  Testifies in support of SB 1034.  Clarifies the issue of youths remaining in foster care services from the age of 18 to 21.

212

Sen. Brown

Stresses that there is a problem in Portland and other areas around the state with this issue (homeless youths).

225

Sen. Beyer

Talks about the fiscal responsibilities that this bill would create for the state.

243

Sen. Whitsett

Declares his hesitance to support the bill because of the age the state is allowing children to remain in foster care.

255

Sen. Brown

Stresses that the children who might remain in foster care over the age of 18 are mainly those with developmental disabilities.

276

Sen. Whitsett

Inquires about where in the bill it talks about developmentally disabled adults.

285

McFarlane

Argues that this bill does not particularly grant this ability; that particular rule has been in the Oregon statutes for several years (since 1959).

329

Sen. Brown

States that the juvenile dependency program is severely lacking in dollars.

344

Sen. Whitsett

Inquires how many adult children may remain in foster care if this bill passes.

349

McFarlane

Stresses that, under the bill, the child does not have to remain in foster care after the age of 18.

384

Sen. Beyer

Asks about a fiscal impact statement.

392

O’Leary

States that the bill does not have a fiscal.

 

Chair Burdick

VOTE:  4-2-1

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

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

415

Chair Burdick

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

423

Chair Burdick

Closes the work session on SB 1034 and opens a public hearing on HB 2359A.

HB 2359A – PUBLIC HEARING

426

Sam Sears

Counsel.  Describes HB 2359A relating to revising the laws governing judgments.

462

Gerald Watson

Oregon Law Commission.  Submits a study on the judgments work group and testifies in support of HB 2359A (EXHIBIT C).

TAPE 155, A

050

Watson

Talks about the judgment documents being enhanced by passing this ill.  Details the requirements of a separate judgment section dealing with a lien.

076

Dave Heynderickx

Acting Legislative Counsel.  Addresses the study introduced earlier relating to judgments (Exhibit C).

101

Heynderickx

Talks about section 2 dealing with jurisdictional authority for the court of appeals.  Goes on to discuss the different sections of the bill.

145

Heynderickx

Talks about section 9 dealing with child support decisions.

175

Heynderickx

Addresses section 21.

186

Bradd Swank

Oregon Judicial Department.  Testifies in support of HB 2359A.  Discusses the differences sought after last session.

220

Swank

Explains the theory that, for the vast majority of cases, they want a single judgment as opposed to extra, or special, judgments.

261

Swank

Submits written testimony and testifies in support of HB 2359A (EXHIBIT D).

285

Sen. Walker

Commends the witnesses on their work.

300

Sen. Beyer

Asks about the retroactivity of the bill, especially the probate section of the bill.

308

Swank

Addresses probate retroactivity in the bill.

345

Sen. Beyer

Inquires about probate cases that has already been started, or perhaps have been going on for awhile (several years).

353

Heynderickx

States that there are only a few such probate cases, and specific circumstance, where limited judgments can be used.

378

Sen. Beyer

Asks what occurs when probate cases have been closed and then re-opened because of new evidence.

383

Swank

Talks about those situations where limited judgments may occur during probate proceedings.

419

Chair Burdick

Closes the public hearing and opens a work session on HB 2359A.

HB 2359A – WORK SESSION

424

Sen. Starr

MOTION:  Moves HB 2359A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

429

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

436

Chair Burdick

Closes the work session on HB 2359A and opens a public hearing on HB 2221B.

HB 2221B – PUBLIC HEARING

441

Sam Sears

Counsel.  Describes HB 2221B relating to establishing a Child Abuse Multidisciplinary Intervention Program in the Department of Justice. 

TAPE 154, B

023

Connie Gallagher

Director, Crime Victims’ Assistance Section, Oregon Department of Justice.  Submits testimony and testifies in support of HB 2221B (EXHIBIT E).

056

Gallagher

Gives a section by section description of HB 2221B.

095

Gallagher

Continues reading her testimony in support of HB 2221B (Exhibit E).

108

Sen. Whitsett

Wonders how the coordinated effort made by her organization over the past 15 years has not reduced the increasing amount of child abuse cases.

117

Gallagher

Stresses the importance of multi-disciplinary teams in addressing the issue of child abuse.

133

Sen. Whitsett

Comments on preventative methods needed for stopping child abuse cases.

143

Sen. Starr

Asks about the times and occurrences when intervention was unnecessary and improper.

163

Gallagher

Discusses the response systems available to different states that tackle the methods used to prevent and deal with child abuse cases.

187

Sen. Starr

Wonders why the question, “What happened,” is not asked before actions are taken.

190

Gallagher

Talks about the different protocols used by the different counties.

198

Micky Logan

Assistant Attorney General.  Stresses that the questions asked are more geared toward the Department of Human Services involvement in child abuse cases.

221

Sen. Starr

Acknowledges the fact that there are far too many cases of child abuse, but stresses that there are too many cases mishandled by the Department of Human Services.

232

Sen. Whitsett

Inquires about the sanctions, if any, for personnel not following existing protocols.

238

Gallagher

Talks about the eligibility being tied to the compliance for personnel. 

248

Sen. Whitsett

Wonders about personal accountability for personnel who do not follow existing protocols.

254

Logan

Declares that the bill would have no authority over the position talked about, and that there is no law that she knows of that would automatically cost these agents their jobs if they did not follow protocol.

283

Sen. Beyer

Asks about section 19 and 20 dealing with confidentiality.

294

Logan

Addresses the inquiries raised by Sen. Beyer.

317

Chair Burdick

Wonders if this would have any impact on records in an agency that were opened for public view after a child’s death.

321

Logan

Replies that it would have no impact.

345

Dave Paul

Clackamas County District Attorney’s Office, Oregon District Attorney’s Association.  Testifies in support of HB 2221B.  Stresses that only certain entities can release certain records under the Public Records Law.

371

Chair Burdick

Talks about the possible interference of releasing information on a child’s death by passing this bill.

379

Logan

Declares that this bill would not interfere with that provision.

388

Paul

Testifies on the need for multi-disciplinary teams.

409

Kevin Dowling

CARES Northwest.  Testifies in support of HB 2221B. 

TAPE 155, B

005

Dowling

Talks about his organization and how they seek to help individuals suffering from child abuse.  Cites an example of a recent child abuse case.

053

Dowling

Stresses that they are not sure around 1/3 of the time that there was any abuse (around 1/3 of the time there was no abuse). 

066

Chair Burdick

Commends the organization, CARES, for their work in the community.

080

Chair Burdick

Closes the public hearing on HB 2221 and moves SB 424, HB 2297, and HB 2361A to Monday, May 6, 2005.  Opens a public hearing on HB 2203.

HB 2203 – PUBLIC HEARING

093

Sam Sears

Counsel.  Describes HB 2203 relating to allowing a state agency to adopt the Attorney General’s model rules on confidentiality of mediation communications without prior approval of the Governor.

110

Mike Niemeyer

Oregon Department of Justice.  Testifies in support of HB 2203.

120

Chair Burdick

Closes the public hearing and opens a work session on HB 2203.

HB 2203 – WORK SESSION

124

Sen. Starr

MOTION:  Moves HB 2203 to the floor with a DO PASS recommendation.

127

Sen. Beyer

Declares his opposition to the bill.

134

Chair Burdick

VOTE:  4-2-1

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

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

137

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

139

Chair Burdick

Closes the work session on HB 2203 and opens a public hearing on HB 2205A

HB 2205A – PUBLIC HEARING

142

Sam Sears

Counsel.  Describes HB 2205A relating to allowing a state agency to provide the services of an employee as mediator or facilitator to other agencies or the federal government, except in a mediation concerning collective bargaining.

152

Mike Niemeyer

Oregon Department of Justice.  Submits testimony and testifies in support of HB 2203 (EXHIBIT F).

169

Frances Peterson

Shared Neutrals Program.  Testifies in support of HB 2205A.

201

Chair Burdick

Asks for the success rates for this type of mediation program.

207

Peterson

Replies that the mediation is successful around 90% of the time.

225

Sen. Beyer

Inquires about how many cases they completed in 2004 with the 40 mediators.

227

Peterson

Responds that they had 74 agencies with 40 different mediators.  Stresses that mediation is a collateral duty and each mediator has another job.

238

Sen. Beyer

Inquires about the Shared Neutrals Program history.

240

Peterson

Describes how Shared Neutrals Program came about in the Pacific Northwest in 1996.

247

Niemeyer

Stresses that there are two different programs being discussed, and how the bill would amalgamate those two groups/programs to be more efficient.

269

Chair Burdick

Asks about the costs according to time lost.

271

Niemeyer

Replies that there are agreements and disclosures involved with loaning a worker from one agency to another for a limited amount of time.

281

Peterson

Addresses the expenses covered by the agency that requires the mediation services.

289

Sen. Beyer

Asks about the training time required for these new mediators.

293

Niemeyer

Replies that the majority of the mediators are already trained, and goes on to discuss the training available to those who are not already knowledgeable.

311

Sen. Whitsett

Inquires about if these mediators have any power to decide the case.

316

Niemeyer

Responds no, they are mediators, not arbitrators.

327

Chair Burdick

Closes the public hearing and opens a work session on HB 2205A.

HB 2205A – WORK SESSION

329

Sen. Starr

MOTION:  Moves HB 2205A be sent to the floor with a BE ADOPTED recommendation.

334

Sen. Beyer

Declares his hesitant support for the bill; outlines his problems with the fiscals involved with a bill of this kind.

371

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

372

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

375

Chair Burdick

Closes the work session on HB 2205A and opens a public hearing on HB 2730A.

HB 2730A – PUBLIC HEARING

377

Sam Sears

Counsel.  Describes HB 2730A relating to providing civil immunity for broadcasters participating in an Amber Plan.

386

Dave Fiskum

Oregon Association of Broadcasters (OAB).  Submits testimony and testifies in support of HB 2730A (EXHIBIT G).

446

Chair Burdick

Commends the OAB in their work.

452

Bill Johnstone

President and CEO, Oregon Association of Broadcasters.  Testifies in support of HB 2730A and stresses that over 10 lives have been saved because of the Amber Alert program.

474

Chair Burdick

Closes the public hearing on HB 2730A.  Adjourns the meeting at 3:02 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. SB 592, -2 amendment, staff, 1 p
  2. SB 1034, -1 amendment, staff, 1 p
  3. HB 2359A, Judgments work group, Gerald Watson, 11 pp
  4. HB 2359A, written testimony, Bradd Swank, 10 pp
  5. HB 2221B, written testimony, Connie Gallagher, 2 pp
  6. HB 2205, written testimony, Mike Niemeyer, 1 p
  7. HB 2730A, written testimony, Dave Fiskum, 2 pp