HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

May 1, 2003 Hearing Room D

8:30 AM  Tapes 76 - 77

 

MEMBERS PRESENT:            Rep. Jerry Krummel, Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Brad Avakian

Rep. Derrick Kitts

Rep. John Mabrey

Rep. Kelley Wirth

 

MEMBER EXCUSED:             Rep. Donna Nelson, Vice-Chair

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                     SB 876 – Public Hearing and Work Session

                                    HB 3268 – Work Session

                                    HB 3617 – Work Session

                                                HB 3101 – 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 76, A

004

Chair Krummel

Calls meeting to order at 8:45 AM. Opens public hearing on SB 876.

SB 876 – PUBLIC HEARING

014

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS) on SB 876.

020

Stephen Kafoury

Professional Land Surveyors of Oregon (PLSO). Testifies in favor of SB 876. Explains the issue regarding the office of county surveyors.  Speaks on surveyors in rural counties.

052

Gary DeJarnatt

Jefferson County Surveyor. Testifies in favor of SB 876 (EXHIBIT A). Speaks on county population and surveying matters.

071

Chair Krummel

Asks if they will request this again when the population reaches 25,000.

074

DeJarnatt

Responds that when the situation arises again, reconsideration may be needed.  

079

Chair Krummel

Closes public hearing and opens works session on SB 876.

SB 876 – WORK SESSION

081

Rep. Prozanski

MOTION:  Moves SB 876 to the floor with a DO PASS recommendation.

085

 

VOTE:  4-0-3

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

EXCUSED:  3 - Mabrey, Nelson, Wirth

 

Chair Krummel

The motion CARRIES.

REP. AVAKIAN will lead discussion on the floor.

092

Chair Krummel

Closes work session on SB 876. Opens work session on HB 3268.

HB 3268 – WORK SESSION

097

Patrick Brennan

Reads SMS on SB 3268. Speaks on past work with the measure. Notes the sponsor, Rep. Jeff Kropf believes there may be a fiscal impact and that he also wishes to amend the bill. Informs that Rep. Kropf requests the committee to move the bill to Ways and Means.

113

Chair Krummel

Speaks on Rep. Kropf’s intent for the bill.

116

Rep. Kitts

MOTION:  Moves HB 3268 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means.

120

 

VOTE:  4-0-3

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

EXCUSED:  3 - Mabrey, Nelson, Wirth

 

Chair Krummel

The motion CARRIES.

126

Chair Krummel

Closes work session on HB 3268.

HB 3268 – WORK SESSION CLOSED

127

Chair Krummel

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3617.

128

 

VOTE:  5-0-2

EXCUSED:  2 - Nelson, Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

129

Chair Krummel

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

130

 

VOTE:  5-0-2

EXCUSED:  2 - Nelson, Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

131

Chair Krummel

Opens work session on HB 3617.

HB 3617 – WORK SESSION

150

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 and BE FURTHER REFERRED to the committee on Ways and Means by prior reference.

155

 

VOTE:  5-0-2

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

EXCUSED:  2 - Nelson, Wirth

 

Chair Krummel

The motion CARRIES.

165

Chair Krummel

Closes work session on HB 3617. Opens work session on HB 3101.

HB 3101 – WORK SESSION

204

Rep. Betsy Close

House District 15. Testifies in favor of HB 3101. Requests the proponents testify.

215

Chair Krummel

Requests testimony.

220

Rep. Close

Believes James Leuenberger will testify if he is present.

240

Chair Krummel

Notes that Mr. Leuenberger is not present. Requests that Ms. Willard testify.

245

Nancy Willard

Center for Advanced Technology in Education, Responsible Netizen Institute. Testifies in opposition of HB 3101 (EXHIBIT B). Speaks on her experience in the field of child education and technology. Believes the problem is not one of unconstitutionality, but of ineffectiveness of filtering software. Asks the audience a question regarding the effectiveness of porn filtration. Notes alternative ways children encounter pornography while using the internet. Discusses public institutions use of the certain filtering providers and the potential for viewpoint discrimination.

382

Rep. Kitts

Requests the filtering companies who provide the software.

386

Willard

Responds they are listed on her website.

393

Kitts

Requests the address of the website.

395

Willard

Refers to EXHIBIT B.

404

Rep. Avakian

Clarifies she is not critiquing the providers, but that she is informing of constitutional issues

408

Willard

Concurs and explains further. Lists alternatives that could be utilized to allow for harmony between the Constitution and protection of children.

TAPE 77, A

015

Willard

Provides personal experience on internet pornography to illustrate the need protection. Speaks on ORS 167.087 prohibiting the display of illegal material. Does not believe the Legislature should take steps to preclude ‘active, engaged parenting’.

062

Suzanne Brownlow

American Mothers Incorporated and Parent. Testifies in favor of HB 3101. Speaks on the use of tax dollars funding pornography in libraries. Provides example. Believes filters are ‘impersonal’.

099

Chair Krummel

Refers to ORS 167.087 and asks if it would be helpful for libraries to display the statute.

105

Brownlow

Responds that it did not work in the Clackamas County Library. Expresses doubt that pedophiles will obey the policies.

115

Chair Krummel

Asks if something is accomplished by HB 3101 that is not already in statute.

120

Brownlow

Believes filtering is worth instituting. Reiterates tax dollars are being used to fund pornography.

131

Rep. Wirth

Inquires about her views on an anti-discrimination policy allowed by school districts.

133

Brownlow

Responds that organizations such as the Boy Scouts of America that Rep. Wirth listed are private.

137

Rep. Wirth

Notes private organizations are still on public school grounds.

140

Chair Krummel

Remarks.

150

Rep. Wirth

Clarifies health issue filtering by the -2 amendments (EXHIBIT C).

157

Brownlow

States that filters can discriminate between sex education and pornography.

164

Gregory Chaimov

Legislative Counsel (LC). Explains the committee does not have the authority to adopt HB 3101 as amended due to the interpretation of the U.S. and Oregon Constitutions. Advises against passage. Discusses speech regulation over time, and explains that the Legislature is not allowed to regulate speech, regardless of message. Notes the few exceptions to regulation with regard to child pornography.

242

Rep. Avakian

Clarifies that the committee does not have the authority to pass the bill.

250

Chaimov

Responds with regard to regulation of speech.

254

Rep. Kitts

Speaks on a possible rating system for internet sites and filters. Asks if something of that nature could be a violation of the Constitution.

265

Chaimov

Affirms it would be a violation and explains why.

288

Rep. Kitts

Requests a differentiation of the motion picture industry regulations and a possible internet rating regulation with regard to violation.

303

Chaimov

Responds yes as movie theaters and the industry are private and the government is not involved.

311

Rep. Kitts

Clarifies an issue of suing the industry.

319

Chaimov

Negates.

 

 

Additional written testimony submitted for the committee’s consideration (EXHIBITS D – H).

325

Chair Krummel

Closes work session on HB 3101. Adjourns meeting at 9:52 AM.

 

EXHIBIT SUMMARY

 

A – SB 876, Gary DeJarnatt, 8 pp

B – HB 3101, Nancy Willard, 4 pp

C – HB 3101-2, Staff, 2 pp

D – HB 3101, James Leuenberger, 2 pp

E – HB 3101, Norma Rich, 2 pp

F – HB 3101, Rebecca Roth, 1 p

G – HB 3101, Lon Mabon, 1 p

H – HB 3101, Margene Ridout, 1 p