OREGON LAW COMMISSION May 21, 2004 Capitol Building, HR B 2:00 p.m. Tapes 6-7 MEMBERS PRESENT: MEMBERS EXCUSED: STAFF PRESENT: Lane P. Shetterly, Chair Senator Kate Brown, Vice Chair Chief Justice Wallace P. Carson, Jr. Professor Sandra A. Hansberger (by conference call) Professor Hans Linde Gregory R. Mowe Attorney General Hardy Myers Craig Prins Professor Bernard F. Vail Professor Dominick R. Vetri Martha Walters Max Williams Dean Symeon C. Symeonides Senator Vicki Walker David R. Kenagy, Executive Director Wendy J. Johnson, Deputy Director Corinne Rollman, Administrative Assistant MEASURE/ISSUES HEARD: Approval of Minutes from February 27, 2003 Commission Meeting Executive Director s Report Program Committee Recommendations Work Group Updates Other Business TAPE/# Speaker Comments TAPE 6 side A 001 Chair Shetterly Calls to order the meeting of the Oregon Law Commission at the Capitol Building, Hearing Room B in Salem at 2:10 p.m. 012 Chair Shetterly Presents Max Williams with a plaque for his service. Sept 1, 1997 Feb 27, 2004. 033 Chair Shetterly Welcomes Craig Prins as the newest member of the OLC. 042 Chair Shetterly Moves to approve the minutes of February 27, 2003. Chief Justice Carson Explains a correction to the minutes to fix a spelling of a name. 059 Chair Shetterly Minutes stand approved as corrected. No discussion. Motion passes.
067 Dean Kenagy, Executive Director 121 Chair Shetterly Welfare Code Reform. 126 Lorey Freeman, Oregon Law Center 173 Professor Sandra Hansberger OREGON LAW COMMISSION Page 2 Introduces Corinne Rollman as pro-tem Administrative Assistant. Reports that a new Administrative Assistant begins June 2, 2004. Thanks Wendy Johnson for her service. Makes comments about Punitive Father s Work Group and work of Prof. Leslie Harris of OSU who has been appointed reporter. Names research assistants for the summer. Reports on Welfare Code Reform. (See exhibit B.) Joins meeting via phone conference. 180 Lorey Freeman Continues with her report. 199 Lisa Joyce, Dept. of Human Services 202 Wendy Johnson, Deputy Director Says her agency supports the recommendations to reform portions of the Welfare Code. Gives information contained in packets given to Commission members. 210 Sen. Brown Wants to know if Ms. Freeman will be available for the next four years to see this project through. 213 Lorey Freeman Says that if not her, then another attorney from the Oregon Law Center. 224 Chair Shetterly Clarifies when this proposal will take place. 230 Lorey Freeman Further clarifies the motion. 236 Chair Shetterly Says the proposal is only for these two chapters (ORS Chapters 412 and 413), for now. 242 Atty General Hardy Myers Gives his overview of the proposal. 247 Chair Lane Shetterly Further clarifies the proposal. 249 Atty General Hardy Myers Says that this will be a staged work. 255 Chair Shetterly Asks for further discussion. 258 Lorey Freeman Asks for the exact motion. 262 Chair Shetterly Restates motion for the approval of the Program Committee recommendation for the formation of the Welfare Code Work Group. The scope is defined in the Welfare Code Project Proposal supplement dated May 20, 2004 (Chapters 412 and 413 for the 2005 Legislative Session.) 273 Sen. Brown Says it makes sense to do this in stages. 278 Atty General Myers Moves that the Commission accept the motion. No further discussion. Motion passes. 289 Heather Vogelsong, Research Asst. OLC Background Checks. States that Virginia Vanderbilt, Deputy Legislative Counsel, made a suggestion for background checks to be updated in statute. The terminology is different in many different statutes. Gives full report. (See exhibit C.)
OREGON LAW COMMISSION Page 3 422 Prof. Bernard Vail Wants to know who the appropriate person would be to clarify the privacy of the individual. 439 Atty General Myers Thinks one possibility would be the ACLU. 442 Chair Shetterly Agrees. 445 Martha Walters Employee organizations or unions should also be included. 451 Prof. Hans Linde Says the statutes define criminal checks. 462 Heather Vogelsong Says that not all statutes reference the word criminal. 475 Prof. Hans Linde Gives his opinion on restraining orders as it relates to background checks. BEGIN Tape 7A 003 Prof. Hans Linde Continues with his comments. 005 Prof. Bernard Vail Adds to Professor Linde s comments. 006 Prof. Hans Linde Continues with his comments. 009 Heather Vogelsong Clarifies the proposal. 013 Chair Shetterly Restates that this is a work group for background checks, not criminal background checks. Thinks the group should further define the scope of their work. 022 Atty General Myers Moves that the Commission accept the recommendation of the Program Committee to authorize the formation of a Background Checks work group. The scope of the project is defined in the proposal but would be narrowed by the work group at a later date and the work group would present the narrowed scope to the Commission for approval. 028 Chair Shetterly Asks Craig Prins about DPSST background checks. 031 Craig Prins Answers Chair Shetterly. 038 Wendy Johnson States that counties are also correcting their statutes on this same issue. 047 Chair Shetterly No further discussion. No objections. Motion passes. 056 Michael Livingston Assistant Attorney General, DOJ Confidentiality of Juvenile Records. Outlines proposal. Says this statute has not changed since 1959. States that amendments have not kept up with changes. 098 Craig Prins Asks if the Work Group is looking at Chapter 260 as well? 109 Michael Livingston Says only Chapter 255, and that the amendments don t apply to Chapter 260. 116 Atty General Myers Moves that the Commission accept the recommendation of the Program Committee to authorize the formation of a Confidentiality of Juvenile Records Sub-Work Group. 123 Sen. Brown Says she ll only vote yes if this organization promises not to authorize any further projects for the Juvenile Code Work Group this interim. 127 Chair Shetterly No further discussion. Motion passes. Meeting adjourns for 5 minutes 191 Marcia Ohlemiller, BOLI (on telephone) Civil Rights recommendations for a work group.
206 Bob Joondeph, Oregon Advocacy Center OREGON LAW COMMISSION Page 4 Outlines the recommendations for this Civil Rights Work Group regarding places of accommodation. 255 Gregory Mowe States his interpretation about the recommendations. 262 Bob Joondeph Agrees with Mr. Mowe and further clarifies. 275 Prof. Hans Linde Gives his opinion on the recommendation and asks question. 300 Marcia Ohlemiller Answers Prof. Linde s question. 332 Prof. Hans Linde Makes comments on federal versus state court interpretations of Oregon s statutes.. 360 Bob Joondeph Further clarifies the recommendation. 390 Philip Schradle, Special Counsel to the Atty General 397 Hans Linde Makes further comments. 399 Bob Joondeph Continues his explanation. Takes over for Attorney General Hardy Myers, who had to leave. 409 Prof. Dominick Vetri Asks a question about outcome of the process. 419 Marcia Ohlemiller Answers the question. 422 Prof. Dominick Vetri Thinks it will water down BOLI s position. 429 Marcia Ohlemiller Says we should make Oregon law consistent with federal law. 447 Prof. Dominick Vetri Further states his opinion. 461 Chair Lane Shetterly Says the Work Group could come back after review. 472 Prof. Dominick Vetri Asks a question of Ms. Ohlemiller. 479 Bob Joondeph (Ms. Ohlemiller asks Mr. Joondeph to respond.) He points out text of statute in his outline. BEGIN TAPE 6B 002 Marcia Ohlemiller Reviews part 2 of the recommendation. Gives information about statute of limitations. 014 Chair Shetterly Asks question about federal statute of limitations. 019 Marcia Ohlemiller Answers his question. 021 Chair Shetterly Thinks we need a statute for damages. 022 Marcia Ohlemiller Agrees with Chair Shetterly. 024 Chair Shetterly Asks if there are further questions about part 2 of the recommendation. No further questions. 025 Marcia Ohlemiller Outlines occupational safety health (OSHA) discrimination claims. 048 Chair Shetterly Asks for questions regarding the topic above. None were asked. 049 Marcia Ohlemiller Explains miscellaneous remedy ambiguities. 073 Sen. Brown Wants to know if it is a big problem. 075 Marcia Ohlemiller Says it is not a big problem, but these civil rights laws should be consistent. 085 Chair Shetterly Says that a Work Group is not necessary, but while we are at it we should make this remedy.
OREGON LAW COMMISSION Page 5 087 Marcia Ohlemiller Explains how the Legislative Assembly should also be protected by civil rights, and a provision needs some editing. 098 Chair Shetterly Asks for questions. 101 Marcia Ohlemiller Outlines how Marital Status is missing from certain provisions of ORS Chapter 659. Thinks this might be significant due to current legislation on this topic. 122 Philip Schradle, Special Counsel to the Atty General 130 Chair Shetterly Work Group updates. 131 Jerry Watson, Staff Attorney OLC Moves to adopt the recommendation of the Program Committee. to authorize the formation of a Civil Rights Work Group with recognition that past participants should be solicited for their participation. The scope of the project is defined in the project proposal and probably would be implemented in light of the comments today. Motion passed at the Program Committee to recommend formation of a Civil Rights Work Group. Government Ethics. Gives outline of interim report on eight issues defined at last meeting in February 2004. (See exhibit D.) 200 Gregory Mowe Comments about issues discussed. 218 Jerry Watson Further clarifies issues. 243 Chair Shetterly Adds his thoughts. 248 Chief Justice Carson Comments about best practices. 270 Jerry Watson Discusses Presidential Executive Order from which these are drawn. 278 Prof. Hans Linde Asks question about the institutional side of this. 282 Jerry Watson Answers that what he is asking is in item 6 & 7. 298 Prof. Hans Linde Adds his comments to the items listed. 300 Jerry Watson Says that the emphasis is not only on the enforcement side of things. 315 Prof. Dominick Vetri Commends Mr. Watson on a good research outline. Asks a question about public trust from page 3. 335 Jerry Watson Agrees to look at the potential problem. 345 Chair Shetterly Thanks Mr. Watson. Moves on to Automobile Insurance Work Group. 359 Martha Walters Says they had a meeting with great participation. Wants to look at more specifics before making a recommendation. 372 Prof. Dominick Vetri Thinks that alternative proposals are also welcome. 391 Martha Walters Says she will bring all proposals to the Commission. 400 Chair Shetterly Conflict of Laws. 402 David Kenagy Reports on behalf of Prof. Symeon Symeonides who is out of the country. 419 Chair Shetterly Eminent Domain Work Group. 421 Mr. Gregory Mowe Gives update on the Work Group. 435 Chair Shetterly Judgments Work Group. 438 Prof. Sandra Hansberger Gives update on the Work Group. Says draft legislation is pending regarding execution of judgments and the Work Group is busy.
(by phone) OREGON LAW COMMISSION Page 6 461 Wendy Johnson Mentions that the Work Group plans to do a cleanup of HB 2646 also. 478 Chair Shetterly Asks Prof. Hansberger how many people are engaged in this. 480 Prof. Sandra Hansberger 499 Chair Shetterly Juvenile Code Work Group. Says that the current group has about 8 people at each meeting, with lots of participation from others. 501 Sen. Brown Says the Work Group met today. They are taking expunction statutes off the list. BEGIN TAPE 6B 001 Sen. Brown Continues with her update on the Juvenile Code Work Group. 004 Prof. Hans Linde Asks what is meant by a State Work Group. 006 Chair Shetterly Answers that the Governor has appointed some taskforces related to the entire sex offender spectrum. 008 Sen. Brown Says that their group didn t need to tackle the issues looked at by those taskforces as they relate to expunction statutes. Continues with her update. 042 Chair Shetterly Spousal Elective Share. 046 Professor Bernard Vail Says he is rounding up reluctant members for the Work Group, and gives update. 058 Chair Shetterly Adjourns the meeting at 4:15 p.m. Submitted By, Reviewed By, Corinne Rollman, Committee Assistant David R. Kenagy, Executive Director EXHIBIT SUMMARY A Welfare Code Project Proposal Supplement B Background Check Proposal C Research proposal Government Ethics Project