HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 29, 2003 Hearing Room D

8:30 AM Tapes  73 - 75

 

MEMBERS PRESENT:            Rep. Jerry Krummel, Chair

Rep. Donna Nelson, Vice-Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Brad Avakian

Rep. Derrick Kitts

Rep. John Mabrey

Rep. Kelley Wirth

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                     HB 3136 – Work Session

                                                HB 3617 – Work Session

                                                SB 161A – Public Hearing and Work Session

                                                SB 250A – Public Hearing and Work Session

                                                SB 692A – Public Hearing and Work Session

                                                SB 724A – Public Hearing and 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 73, A

004

Chair Krummel

Calls meeting to order at 8:35 AM. Opens a work session on HB 3136.

HB  3136 – WORK SESSION

007

Rep. Cliff Zauner

House District 22. Testifies in favor of HB 3136. Explains the bill would assist the Oregon Boxing and Wrestling Commission focus on bringing professional boxing to Oregon.

025

Chair Krummel

Inquires about the -2 amendments (EXHIBIT A).

029

Rep. Zauner

Answers the amendments are a ‘gut and stuff’

032

Chair  Krummel

Poses question regarding the commission.

045

Rep. Kitts

Asks Rep. Zauner to differentiate between professional and amateur boxing.

048

Rep. Zauner

Answers the professional are paid.

055

Rep. Kitts

Requests what is prohibiting Oregon from drawing professional fights.

058

Rep. Zauner

Responds. Provides his intent for the bill.

064

Rep. Mabrey

Remarks.

073

Jim Cassidy

Executive Director, Oregon State Boxing and Wrestling Commission. Introduces his colleagues. Notes the commission does not regulate ‘smokers’.

080

Rep. Kitts

Asks what ‘smokers’ are.

083

Chair Krummel

Responds regarding the fights.

100

 

VIDEO PRESENTATION

349

Cassidy

Testifies in opposition of HB 3136. Provides information on Toughman Boxing contests (EXHIBIT B). Explains rules for Toughman Boxing. Notes a man died last week from serious head injuries suffered during a Toughman fight.

TAPE 74, A

012

Dr. Ferdinand Rios

General surgeon, American Association of Ringside Physicians. Believes Oregon has stringent boxing regulations that provide for safe fights. Provides perspective on amateur and professional boxing regulations.

055

Wally Jorgenson

Boxing Club of Salem. Testifies in opposition to HB 3136. Provides a personal situation with Toughman wrestling.

075

Chair Krummel

Requests the death rate per 100,000 participants.

079

Jorgenson

Replies he does not have those statistics, but believes Oregon’s current regulations allow for safety.

095

Rep. Prozanski

Speaks on a death in Texas and the commission that state already has.

100

Rios

Responds there is no guarantee a commission will prevent death, but that boxing should be as safe as possible.

119

Rep. Prozanski

Asks if there is a false idea that with a commission, fighters will be protected.

127

Rios

Explains it is up to the commission

135

Cassidy

Adds that the regulation in Texas is less strict than in Oregon.

141

Rep. Kitts

Asks for clarification that individuals were encouraged not to wear headgear.

143

Rios

Affirms.

144

Kitts

Disagrees on the value of headgear. Speaks on his own situation in wrestling. States he will support the bill as he believes problems addressed can be regulated.

160

Cassidy

Speaks on the difference between boxing and wrestling.

182

Rep. Avakian

Asks if he consider the participants to be professional boxers. Clarifies the commission’s intent.

188

Cassidy

Explains the opposition of the commission to the bill.

199

Rep. Avakian

Restates his question. Asks if the commission feels that the participants are professional boxers.

202

Cassidy

Answers that because of the prize money, the commission considers the participants professionals. Reiterates the state is liable.

223

Chair Krummel

Submits that financial compensation for fights would require a license. Asks if the professionals wear headgear when they spar.

230

Cassidy

Affirms.

233

Rep. Mabrey

Speaks on lives lost in competitive sports.

250

Rep. Mabrey

MOTION:  Moves to ADOPT HB 3136-2 amendments dated 4/18/03.

253

Rep. Prozanski

Asks Rep. Zauner if the term ‘professional boxers’ is needed in the bill. Speaks on the intent.

273

Rep. Zauner

Responds that Legislative Counsel (LC) came up with the wording and he is unsure.

279

Rep. Prozanski

Asks if professional boxing is defined in statute.

283

Patrick Brennan

Provides explanation.

285

Rep. Zauner

Remarks.

286

Chair Krummel

Suggests the term is not needed as professionals have cards and should not be in the exhibitions.

303

Rep. Prozanski

Asks if professional boxers could be covered by the commission.

307

Chair Krummel

Responds that professional boxers are not allowed in the Toughman contests.

310

Rep. Zauner

Reiterates that no money can be accepted.

312

Rep. Prozanski

Speaks further on the wording of the bill.

341

Rep. Avakian

Asks about the other wrestling bill the committee passed.

349

Brennan

Notes conflict amendments would then be drafted.

355

Chair Krummel

Requests if the members are comfortable with conceptual amendments.

360

Rep. Avakian

Supposes the bill would limit the persons involved and that rulings would fall to the commission.

384

Chair Krummel

MOTION:  Moves to SUSPEND the rules for the purpose of making a conceptual amendment to HB 3136.

387

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

400

Rep. Mabrey

Withdraws motion.

401

Rep. Mabrey

MOTION:  Moves to ADOPT HB 3136-2 amendments dated 4/18/03 and that the measure be FURTHER AMENDED on page 1, line 23, by deleting "or" after "boxers" and on page 1, line 23, by inserting "and" after "boxers".

406

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Krummel

The motion CARRIES.

TAPE 73, B

004

Rep. Mabrey

Speaks on the bill.

008

Rep. Wirth

States she will be a ‘no’ vote and lists reasons.

015

Rep. Prozanski

MOTION:  Moves HB 3136 to the floor with a DO PASS AS AMENDED recommendation.

018

Passes

VOTE:  6-1

AYE:               6 - Avakian, Kitts, Mabrey, Nelson, Prozanski, Krummel

NAY:               1 - Wirth

 

Chair Krummel

The motion CARRIES.

REP. ZAUNER will lead discussion on the floor.

023

Chair Krummel

Closes work session on HB 3136. Opens work session on 3617. Notes  -1 amendments (EXHIBIT C).

HB 3617 – WORK SESSION

047

Patrick Brennan

Reads Staff Measure Summary (SMS) on HB 3617.

051

Chair Krummel

Speaks on the -1 amendments.

057

Rep. Prozanski

Poses question regarding government involvement.

059

Chair Krummel

Responds concerning the City of Salem and the Department of Corrections (DOC). Recesses work session on HB 3617. Opens public hearing on SB 161A.

SB 161A – PUBLIC HEARING

080

Patrick Brennan

Reads SMS on SB 161A.

091

Ray Milojevich

Commission for the Blind. Testifies in favor of SB 161A (EXHIBIT D).

129

Rep. Nelson

Poses question regarding other special needs groups.

130

Milojevich

Responds.

132

Rep. Nelson

Asks if other special needs groups need similar legislation.

134

Milojevich

Responds regarding the Randolph-Shepherd Act.

139

Rep. Nelson

Asks about the purpose of the fees.

143

Milojevich

Answers that vending costs help to fund the operations.

148

Rep. Nelson

Clarifies.

150

Milojevich

Affirms.

153

Chair Krummel

Closes public hearing and opens work session on SB 161A.

SB 161A – WORK SESSION

160

Rep. Prozanski

MOTION:  Moves SB 161A to the floor with a DO PASS recommendation.

163

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Kitts

 

Chair Krummel

The motion CARRIES.

REP. PROZANSKI will lead discussion on the floor.

167

Chair Krummel

Closes work session on SB 161A. Reopens work session on HB 3617.

HB 3617 – WORK SESSION

169

Rep. Prozanski

Requests that Mr. Conley explain the focus of the bill.

175

Harrison Conley

Legislative Counsel (LC). Responds to Rep. Prozanski’s question and provides the ‘nexus’ of the bill.

191

Rep. Avakian

Asks about the property costs posing a problem to the relating clause.

195

Conley

Negates.

213

Rep. Jeff Kropf

House District 17. Testifies in favor of HB 3617 (EXHIBIT E) regarding homeland defense. Discusses homeland defense issues and dollars.

262

Rep. Prozanski

Clarifies the agencies he is speaking of.

266

Rep. Kropf

Answers agencies such as the Department of Environmental Quality (DEQ). Offers that lottery funds could also be used to fund projects. Proposes that lands be sold and a trust account be created with interest funding the Full Time Equivalent (FTE) employees. 

TAPE 74, B

004

Rep. Kropf

Continues. Speaks on the Civil Air Patrol. Requests the bill be moved to Ways and Means after it goes to the committee on Rules and Public Affairs.

029

Rep. Prozanski

Refers to the bill and poses question regarding Department of Administrative Services (DAS) sale of equipment.

041

Rep. Kropf

Concurs with Rep. Prozanski’s remarks and believes there may be a policy reason behind another entity selling the equipment. States he would be happy to remove the section if there is an issue.

054

Rep. Prozanski

Refers to the bill and poses question regarding Department of Corrections (DOC) property sale and compensation.

070

Rep. Kropf

Speaks on the previous agreement with DOC regarding property. Asks that the homeland defense ideas laid out by the bill be considered.

087

Rep. Prozanski

Recalls Rep. Kropf’s discussion with Tom Ridge and asks if Rep. Kropf had a chance to ask about federal funds to assist with homeland security mandates now being placed on states.

093

Rep. Kropf

Speaks on homeland defense appropriations to the state and local governments. Notes there are restrictions on the funds.

139

Rep. Nelson

Asks about a current building project.

142

Rep. Kropf

Speaks on state property and buildings being able to be used for lab facilities.

148

Rep. Nelson

Remarks on the use of lottery bonds.

160

Rep. Kropf

Responds concerning discussions with the treasurer’s office.

163

Rep. Nelson

Asks about a deed for the property.

171

Rep. Kropf

Explains the long-range plans of the emergency board regarding DOC property zoning.

178

Rep. Nelson

Remarks and encourages alternative use of facilities.

188

Rep. Kropf

Speaks on local responders’ cooperation with federal officials.

192

Rep. Nelson

Clarifies.

194

Rep. Kropf

Concurs.

204

Rep. Wirth

Asks if there is an estimate as to cost of full compliance.

210

Rep. Kropf

Responds the figure is around $800 million. Notes the state must look at what it can do to aid homeland defense.

237

Rep. Wirth

Asks why funds are not allocated to Oregon Emergency Management (OEM) in other ways.

245

Rep. Kropf

Responds regarding issuance of funds and notes he has confidence in OEM management of funds.

274

Rep. Prozanski

MOTION:  Moves HB 3617 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules and Public Affairs.

280

Chair Krummel

Explains sending the bill to Rules Committee will help Rep. Kropf allow time to work on the bill.

290

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Nelson

 

Chair Krummel

The motion CARRIES.

SB 250A – PUBLIC HEARING

315

Patrick Brennan

Reads SMS on SB 250A.

325

Graham Slater

Research Administrator, Oregon Employment Department. Testifies in favor of SB 250A (EXHIBIT F). Speaks on the proposals and highlights the key concepts of the bill. Notes there is no general fund money used or a fiscal impact. 

346

Chair Krummel

Closes public hearing and opens work session on SB 250A.

SB 250A – WORK SESSION

350

Rep. Prozanski

MOTION:  Moves SB 250A to the floor with a DO PASS recommendation.

353

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Kitts, Nelson

 

Chair Krummel

The motion CARRIES.

REP. WIRTH will lead discussion on the floor.

360

Chair Krummel

Closes public hearing on SB 250A. Opens public hearing on SB 692A.

SB 692A – PUBLIC HEARING

365

Patrick Brennan

Reads SMS on SB 692A.

370

Gerald Kubiak

Washington County Board of Commissioners. Testifies in favor of SB 692A (EXHIBIT G).

TAPE 75, A

014

Rep. Mabrey

Poses question regarding county involvement.

017

Kubiak

Negates and explains.

019

Rep. Mabrey

Clarifies.

022

Kubiak

Concurs and reiterates county governing bodies are not required to perform anything, only allowed the option.

045

Rep. Nelson

Asks what happens if the county assessors are appointed.

049

Kubiak

Speaks on the matter of appointed positions.

055

Chair Krummel

Closes public hearing and opens work session on SB 692A.

SB 692A – WORK SESSION

056

Rep. Prozanski

MOTION:  Moves SB 692A to the floor with a DO PASS recommendation.

060

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Krummel

The motion CARRIES.

REP. AVAKIAN will lead discussion on the floor.

065

Chair Krummel

Closes work session on SB 692A. Opens public hearing on SB 724A.

SB 724A – PUBLIC HEARING

067

Patrick Brennan

Reads SMS on SB 724A.

075

Don Bishoff

Legislative Assistant, Senator Bill Morrisette. Testifies in favor of SB 724A on behalf of Sen. Morrisette.

103

Jon Stubenvoll

Oregon Liquor Control Commission (OLCC). Testifies in favor of SB 724A (EXHIBIT H).

120

Rep. Kitts

Speaks on a matter concerning voting and the OLCC concerning liquor licensing.

139

Stubenvoll

Appreciates concern at the time required on the local level, but believes the process is valid.

154

Rep. Kitts

Requests how long the license period has been set at thirty days.

157

Stubenvoll

Answers two years.

159

Rep. Kitts

Request what the time set was prior to that decision.

160

Stubenvoll

Answers there was no time set.

163

Rep. Kitts

Clarifies.

165

Stubenvoll

Affirms.

166

Chair Krummel

Adds that previously the law indicated a ‘timely fashion’ for licensure should be followed.

170

Kristy Monson

League of Oregon Cities (LOC). Testifies in favor of SB 724A (EXHIBIT I).

178

Rep. Kitts

Understands the OLCC does background checks

180

Monson

Responds that it depends upon the city.

181

Rep. Kitts

Clarifies a background check could be done twice.

182

Monson

Responds that is feasible.

183

Chair Krummel

Closes public hearing and opens work session on SB 724A.

SB 724A – WORK SESSION

184

Rep. Prozanski

MOTION:  Moves SB 724A to the floor with a DO PASS recommendation.

185

Rep. Kitts

Restates his conflict of interest.

195

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Krummel

The motion CARRIES.

REP. MABREY will lead discussion on the floor.

200

Chair Krummel

Closes work session on SB 724A. Adjourns meeting at 10:47 AM.

 

EXHIBIT SUMMARY

 

A – HB 3136-2, Staff, 2 pp

B – HB 3136, Jim Cassidy, 9 pp

C – HB 3617-1, Staff, 4 pp

D – SB 161A, Ray Milojevich, 1 p

E – HB 3617, Rep. Jeff Kropf, 1 p

F – SB 250A, Graham Slater, 2 pp

G – SB 692A, Gerald Kubiah, 1 p

H – SB 724A, Jon Stubenvoll, 2 pp

I – SB 724, Kristy Munson, 1 p