HOUSE COMMITTEE ON JUDICIARY
March 24, 2003 Hearing Room 357
1:00 p.m. Tapes 97
- 101
MEMBERS PRESENT: Rep. Max Williams, Chair
Rep. Gordon Anderson, Vice-Chair
Rep. Robert Ackerman, Vice-Chair
Rep. Jeff Barker
Rep. Bob Jenson
Rep. Jerry Krummel
Rep. Greg Macpherson
Rep. Floyd Prozanski
Rep. Lane Shetterly
STAFF PRESENT: Bill
Taylor, Counsel
Ann Martin, Committee Assistant
MEASURE/ISSUES HEARD: HB 2340 Work Session
HB 2093 Public Hearing
HB 2092 Public Hearing
HB 2425 Work Session
HB 2873 Public Hearing and Work
Session
HB 2770 Work Session
HB 2115 Work Session
HB 2803 Public Hearing
HB 2866 Public Hearing and Work
Session
HB
2095 Work Session
HB 2207 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 97, A |
||
|
003 |
Chair Williams |
Calls the meeting to order at 1:10 p.m. Opens a work
session for HB 2340. |
|
HB 2340
WORK SESSION |
||
|
020 |
Chair
Williams |
MOTION: Moves to SUSPEND the rules for the purpose
of RECONSIDERING the vote on HB 2340. |
|
|
|
VOTE:
9-0 |
|
027 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
030 |
Rep.
Prozanski |
MOTION: Moves to RECONSIDER the vote by which HB 2340
was sent to the floor with a DO PASS AS AMENDED recommendation. |
|
|
|
VOTE:
9-0 |
|
033 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
041 |
Rep.
Prozanski |
MOTION: Moves HB
2340 to the floor with a DO PASS AS AMENDED recommendation and the
SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED. |
|
|
|
VOTE:
9-0 |
|
042 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. WILLIAMS will lead discussion on
the floor. |
|
055 |
Chair Williams |
Closes the work session on HB 2340 and opens a
public hearing on HB 2093. |
|
HB 2093
PUBLIC HEARING |
||
|
056 |
Bill Taylor |
Committee Counsel. Introduces HB 2093 which removes
right to court-appointed counsel in dependency proceedings. |
|
073 |
Terry Leggert |
Judge, Marion County. Testifies in opposition to HB
2093. |
|
128 |
Nan Waller |
Judge. Testifies in opposition to HB 2093. |
|
195 |
Angela Sherbo |
Senior Attorney, Juvenile Rights Project. Submits
testimony and testifies in opposition to HB 2093 (EXHIBIT A). |
|
286 |
Emily Cohen |
Attorney. Submits testimony and testifies in
opposition to HB 2093 (EXHIBIT B). |
|
376 |
Rep. Macpherson |
Asks how the counsel decides what to advocate for
when representing a child. |
|
390 |
Sherbo |
Answers that there are ethical standards for counsel
for children. |
|
440 |
Rep. Macpherson |
Asks if there is some threshold of age at which
point the expressed desires of the child are not what shapes the act of
counsel. |
|
TAPE 98, A |
||
|
010 |
Judge Waller |
Answers that regardless of the age of a child, if a
child can verbalize what they want, then that is what she wants to know. |
|
035 |
Taylor |
Agrees with her that it’s a case-by-case analysis,
but reviews the statute that says the court should appoint counsel in every
court. Asks for her comments. |
|
046 |
Sherbo |
Explains that the statute as currently written is
probably “overbroad and too narrow.” |
|
072 |
Mary Ann Bearden |
Judge, Lane County. Submits testimony and testifies
in opposition to HB 2093. |
|
124 |
Karen Stenard |
Lawyer, Lane County. Submits testimony and testifies
in opposition to HB 2093 (EXHIBITS
C& D). |
|
227 |
Megan Friese |
Executive Director, CASA. Submits testimony and
testifies in opposition to HB 2093 (EXHIBIT
E). |
|
245 |
Rep. Prozanski |
Asks Ms. Stenard for her written testimony. |
|
275 |
Peter Ozanne |
Executive Director, Public Defense Services
Commission. Submits testimony and testifies in opposition to HB 2093 (EXHIBIT F). |
|
356 |
Doug Harcleroad |
District Attorney, Lane County.Testifies in
opposition to HB 2093. |
|
376 |
Michael Livingston |
Assistant Attorney General. Submits testimony and
testifies in opposition to HB 2093 (EXHIBIT
G). |
|
TAPE 97, B |
||
|
003 |
Livingston |
Continues his testimony in opposition to HB 2093. |
|
018 |
Chair Williams |
Asks Mr. Ozanne if he thinks that they could discuss
this issue during the interim. |
|
029 |
Ozanne |
Answers, yes. Says that the Oregon Law Commission
was aware that a statute with standards could be considered and they would
support that. |
|
041 |
Harcleroad |
Comments on setting standards for juvenile cases,
but is worried about the cost. Says that the Oregon District Attorneys
Association would participate in this discussion. |
|
072 |
Judy Stiegler |
Program Director, Court Appointed Special Advocates
(CASA). Submits testimony and testifies on HB 2093 (EXHIBIT H). |
|
088 |
Becky Smith |
CASA State Coordinator. Testifies on HB 2093. |
|
113 |
Stiegler |
Discusses the impact of what this legislation would
have on CASA programs throughout the state. |
|
176 |
William Furtick |
Attorney, Eugene. Submits testimony and testifies in
opposition to HB 2093 (EXHIBIT I). |
|
263 |
Kelly Skye |
Oregon Criminal Defense Lawyers Association.
Testifies in opposition to HB 2093. |
|
341 |
Timothy Travis |
Oregon Judicial Department. Testifies in opposition
to HB 2093. |
|
TAPE 98, B |
||
|
002 |
Kevin George |
Foster Care Manager, Children, Adults and Families, Department
of Human Services. Submits testimony and testifies in opposition to HB 2093 (EXHIBIT J). |
|
037 |
Marie Hoeven |
Executive Director, Children First for Oregon.
Submits testimony and testifies in opposition to HB 2093 (EXHIBIT K). |
|
053 |
Chair Williams |
Asks Mr. Travis how he feels about the “too broad
too narrow language” of the statute. |
|
060 |
Travis |
Believes that it would be a good idea to have a work
group in the Oregon Law Commission to work on this issue. |
|
068 |
Skye |
Agrees. |
|
081 |
George |
States that the Department of Human Services would
like to have a seat at the table regarding this issue. |
|
083 |
Travis |
Mentions that the quality of representation of
children is uneven. |
|
095 |
Hoeven |
Adds that she thinks it would be a good idea to have
the experts take a good look at this issue. |
|
121 |
Chair Williams |
Closes the public hearing on HB 2093 and opens a
public hearing on HB 2092. |
|
HB 2092
PUBLIC HEARING |
||
|
135 |
Mary Williams |
Solicitor General, Department of Justice. Submits
testimony and testifies in opposition to HB 2092 which removes right to
court-appointed counsel in post-conviction relief proceedings (EXHIBIT L). |
|
186 |
Peter Ozanne |
Executive Director, Public Defense Services
Commission. Submits testimony and testifies in opposition to HB 2092 (EXHIBIT M). |
|
236 |
Kelly Skye |
Oregon Criminal Defense Lawyers Association.
Testifies in opposition to HB 2092. |
|
314 |
Chair Williams |
Says that he wants to know how much this bill will
cost. |
|
355 |
Williams |
Responds that where they have difficulty in trying
to estimate cost is on the federal habeas side. |
|
399 |
Ozanne |
Says that the commission would be open to engaging
in a discussion of this issue. |
|
TAPE 99, A |
||
|
003 |
Rep. Jenson |
Asks if there are constitutional problems with this
bill. |
|
007 |
Chair Williams |
Answers that he doesn’t think so. |
|
008 |
Bill Taylor |
Committee Counsel. Says that there is no
constitutional right to post-conviction relief and that it is purely a policy
issue. |
|
013 |
Ozanne |
Says that there are certain rights regarding habeas corpus. |
|
031 |
Rep. Jenson |
Believe that there could be an appellate court
challenge in this bill. |
|
041 |
Skye |
Comments that the waiving of a filing fee may cause
a constitutional problem. |
|
052 |
Chair Williams |
Closes the public hearing on HB 2092 and opens a
work session on HB 2425. |
|
HB 2425
WORK SESSION |
||
|
061 |
Keith Kutler |
Department of Justice. Testifies on HB 2425 which
exempts from disclosure under public records law public body’s plan in
connection with threat against individual or public safety. Discusses
hand-engrossed bill and the -1 amendments (EXHIBITS N & O). |
|
096 |
Rep. Krummel |
Asks if the recommendations of the National Infrastructure Protection
Commission are considered in the -1 amendments or in the bill itself. |
|
105 |
Kutler |
Answers that he is not familiar with those
recommendations, but they have attempted to find a balance. |
|
138 |
Chair
Williams |
MOTION: Moves to ADOPT HB 2425-1 amendments dated
03/19/03. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
140 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
145 |
Rep.
Barker |
MOTION: Moves HB 2425 to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
152 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. WILLIAMS will lead discussion on
the floor. |
|
168 |
Chair Williams |
Closes the work session on HB 2425 and opens a
public hearing on HB 2873. |
|
HB 2873
PUBLIC HEARING |
||
|
173 |
Ann Christian |
Director, Indigent Defense Services Division.
Submits testimony and testifies in support of HB 2873 which accelerates
transfer of responsibility for indigent defense services from State Court
Administrator to Public Defense Services Commission (EXHIBIT P). Discusses the -1 amendments and the hand-engrossed bill (EXHIBITS Q & R). |
|
268 |
Chair Williams |
Closes the public hearing on HB 2873 and opens a
work session. |
|
HB 2873
WORK SESSION |
||
|
270 |
Rep. Prozanski |
MOTION:
Moves to ADOPT HB 2873-1
amendments dated 03/20/03. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
273 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
278 |
Rep. Prozanski |
MOTION:
Moves HB 2873 to the floor
with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the
committee on Ways and Means BE RESCINDED. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
292 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. KRUMMEL will lead discussion on
the floor. |
|
300 |
Chair
Williams |
Closes
the work session on HB 2873 and opens a work session on HB 2770. |
|
HB
2770 WORK SESSION |
||
|
302 |
Bill Taylor |
Committee Counsel. Introduces HB 2770 which creates
crime of strangulation. Discusses the -1 and -2 amendments (EXHIBITS S & T). |
|
320 |
Chair Williams |
Recesses the work session on HB 2770 and opens a
work session on HB 2115. |
|
HB 2115
WORK SESSION |
||
|
322 |
Bill Taylor |
Committee Counsel. Introduces HB 2115 which allows
state to have licensed psychologist examine who is charged with murder and
asserts defense of extreme emotional disturbance. Discusses the -1 amendments
(EXHIBIT U). |
|
372 |
Kelly Skye |
Oregon Criminal Defense Lawyers Association.
Explains that the bill would create a constitutional due process problem, but
the -1 amendments fix this. |
|
412 |
Rep.
Barker |
MOTION: Moves to ADOPT HB 2115-1 amendments dated
03/18/03. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
417 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
418 |
Rep.
Barker |
MOTION: Moves HB 2115 to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
430 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. BARKER will lead discussion on
the floor. |
|
433 |
Chair Williams |
Closes the work session on HB 2115 and re-opens the
work session on HB 2770. |
|
HB 2770
WORK SESSION RE-OPENED |
||
|
TAPE 100,
A |
||
|
003 |
Rep. Prozanski |
Discusses -2 amendments (Exhibit T). |
|
034 |
Rep.
Prozanski |
MOTION: Moves to ADOPT HB 2770-2 amendments dated
03/21/03. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
035 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
036 |
Rep.
Prozanski |
MOTION: Moves HB 2770 to the floor with a DO PASS
AS AMENDED recommendation. |
|
039 |
Rep. Shetterly |
Says that he has problems with line 20, page 1 of
the bill that makes physical injury a Class C felony instead of a Class A
misdemeanor. |
|
055 |
Rep. Prozanski |
Explains why it is appropriate to have that
distinction. |
|
068 |
Rep. Barker |
Stresses that getting choked is different from getting
punched. Says that he thinks this is a good law. |
|
079 |
Rep. Shetterly |
States his concerns. |
|
092 |
Rep. Prozanski |
Comments that the Senate can look at this based on
Rep. Shetterly’s concerns. |
|
100 |
Rep. Krummel |
Discusses the possible injuries from strangulation. |
|
116 |
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
120 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. PROZANSKI will lead discussion on
the floor. |
|
125 |
Chair
Williams |
Closes
the work session on HB 2770 and opens a work session on HB 2115. |
|
HB 2115
WORK SESSION |
||
|
145 |
Chair
Williams |
MOTION: Moves to SUSPEND the rules for the purpose
of RECONSIDERING the vote on HB 2115. |
|
|
|
|
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
146 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
150 |
Rep.
Shetterly |
MOTION: Moves to RECONSIDER the vote by which HB
2115 was sent to the floor with a DO PASS AS AMENDED recommendation. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
150 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
155 |
Rep.
Barker |
MOTION: Moves HB 2115 to the floor with a DO PASS
AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on
Ways and Means BE RESCINDED. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Macpherson |
|
159 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. BARKER will lead discussion on
the floor. |
|
162 |
Chair Williams |
Closes the work session on HB 2115 and recesses the
committee at 3:30 p.m. |
|
163 |
Chair Williams |
Reconvenes the committee at 5:38 p.m. Opens a public
hearing on HB 2803. |
|
HB 2803
PUBLIC HEARING |
||
|
171 |
Bill Taylor |
Committee Counsel.
Introduces HB 2803 which authorizes Department of Corrections to enter
into contracts for provision of correctional services in facilities out of
state. |
|
185 |
Mitch Morrow |
Department of Corrections (DOC). Submits testimony of Ben de Haan and
testifies in support of HB 2803 (EXHIBIT
V). Gives statistics on current
bed use in the state. Supports -1
amendments (EXHIBIT W) and
deleting line 18. |
|
231 |
Vice-Chair Ackerman |
Asks for explanation of “entity.” |
|
233 |
Morrow |
Gives definition of “entity.” |
|
240 |
Vice-Chair Ackerman |
Asks what the substitute language is going to be. |
|
246 |
Rep. Shetterly |
Asks if this is for emergency purposes, after the
state has reached their bed capacity. |
|
256 |
Morrow |
Responds affirmatively. |
|
258 |
Rep. Barker |
Asks if the Lakeview facility is on hold. |
|
260 |
Morrow |
Answers that he is not sure where they’re at with
Lakeview. |
|
269 |
Rep. Barker |
Asks if this is for emergency beds only, after
everything. |
|
272 |
Morrow |
Says, that is correct. |
|
274 |
Rep. Shetterly |
Asks if the previous legislation included a sunset. |
|
276 |
Morrow |
Yes, the sunset is no longer in effect. |
|
279 |
Rep. Shetterly |
Wonders how DOC would feel about a sunset on this
bill. |
|
284 |
Morrow |
Responds they would be willing to consider it. |
|
288 |
Taylor |
Asks why they changed “person” to “entity.” |
|
293 |
Morrow |
Says “person” did not give them authority to go
outside of Oregon. |
|
299 |
Claudia Black |
Department of Corrections. Testifies that the term “person” would not allow them to rent
beds out of state. |
|
309 |
Chair Williams |
Asks for clarification. |
|
313 |
Black |
Responds affirmatively. |
|
318 |
Rep. Jenson |
Asks about staffing in overcrowded facilities. Wonders if facilities are all fully
staffed. |
|
330 |
Morrow |
Speaks to the additional costs associated with
staffing. Gives an example of
staffing needs at a dormitory they would open at the penitentiary. |
|
347 |
Rep. Jenson |
Asks if Oregon is currently fully staffed. |
|
349 |
Morrow |
Replies, yes. |
|
352 |
Vice Chair Anderson |
Asks if the Oregon Youth Authority (OYA) facilities
could be used. |
|
354 |
Morrow |
Says they are looking at that option. |
|
361 |
Rep. Prozanski |
Asks for the order of preference in looking for
beds. |
|
369 |
Morrow |
Responds:
|
|
378 |
Rep. Prozanski |
Asks if there is a way to save costs by using
Oregon’s existing institutions. |
|
390 |
Morrow |
Says they don’t have that information, but would be
willing to get that information. |
|
400 |
Chair Williams |
Suggests adding a sunset clause to revisit this at a
later date. |
|
415 |
Morrow |
Says he is not opposed to a sunset clause. |
|
420 |
Rep. Macpherson |
Asks how long this previous bill was in effect. |
|
424 |
Morrow |
Responds it began in 1995 with a sunset in 2001. |
|
435 |
Rep. Macpherson |
Asks if prisoners were regularly sent out of state,
and if so, where did they go. |
|
447 |
Morrow |
Answers 200-300 inmates were in Arizona for quite a
while. |
|
454 |
Taylor |
Believes that inmates were also in Texas. |
|
447 |
Vice-Chair Ackerman |
Asks why they are exempt from ORS 279 – the competitive
bid chapter. |
|
482 |
Black |
Says they can get that information for the committee. |
|
TAPE 99,
B—NOT USED |
||
|
TAPE 101,
A |
||
|
033 |
Mary Botkin |
American Federation of State, County and Municipal
Employees. Testifies in opposition to HB 2803. Suggests defining “emergency” and agrees a sunset would be
useful. |
|
085 |
Tom Wright |
Two Rivers Correctional Institute (TRCI). Testifies in opposition to HB 2803 citing
the expenditure it would cost to transport inmates. Feels adding bed space would increase the safety and security issues. |
|
123 |
Justin Wylie |
Two Rivers Correctional Institute (TRCI). Testifies in opposition to HB 2803
stressing why he would not like to see the use of out-of-state private
prisons. |
|
160 |
Rep. Barker |
Asks how many beds are in the La Grande facility. |
|
162 |
Wylie |
Believes that they house 75-100 people there. |
|
172 |
Rep. Barker |
Expresses concern for the personnel’s safety in
Oregon’s facilities. |
|
179 |
Wylie |
Talks about how vacant facilities could be utilized. |
|
183 |
Chair Williams |
Agrees that out-of-state housing would be a last
resort. Announces that the Governor’s
budget says that no new beds are going to be built in Oregon so DOC may have
to have this tool as an option.
Discusses amendments that should be drafted, like a sunset and the
order of priority for options. |
|
220 |
Botkin |
Requests an oversight process if an emergency is
declared. |
|
224 |
Chair Williams |
Expresses his concerns about binding DOC too much
with no options for bed space. |
|
238 |
Rep. Shetterly |
Agrees with a sunset and some legislative directive
in the statute on what priority DOC would use in finding bed space. |
|
254 |
Chair Williams |
Says he doesn’t want DOC being held up to a higher
price by a county. |
|
263 |
Rep. Macpherson |
Suggests taking private prisons off the legislation
as an option. |
|
276 |
Chair Williams |
Encourages all committee members to provide
alternative options. |
|
287 |
Rep. Prozanski |
Describes why he will not support any legislation
dealing with out-of-state private prisons.
|
|
323 |
Vice-Chair Anderson |
Says many of the counties do not have the money to
pay. Suggests leaving all options
open. |
|
347 |
Geoff Sugerman |
Oregon Criminal Justice Reform Coalition. Testifies in opposition to HB 2803. Describes the negative impact on Oregon
prisoners placed in Texas during the 1990’s. |
|
423 |
Chair Williams |
Closes the public hearing on HB 2803 and opens a
public hearing on HB 2866. |
|
HB 2866
PUBLIC HEARING |
||
|
438 |
Bill Taylor |
Committee Counsel.
Introduces HB 2866 which expands circumstances under which peace
officer may present evidence, examine and cross-examine witnesses and make
arguments in trials involving violations. |
|
451 |
Rep. Prozanski |
Describes his efforts working on this
legislation. To allow for a cost
savings and allow officers to conduct these limited cases. |
|
493 |
Rep. Jenson |
Asks if this is practice of law. |
|
505 |
Chair Williams |
Explains that it would not be. |
|
TAPE 100,
B |
||
|
040 |
Rep. Prozanski |
Clarifies with an example where this legislation
would have been helpful. |
|
066 |
Rep. Barker |
Agrees that this legislation would be helpful. |
|
077 |
Vice Chair Anderson |
Says this is done in traffic violations. |
|
080 |
Chair Williams |
Agrees that happens. |
|
091 |
Rep. Prozanski |
Clarifies that an officer cannot make arguments on
the case to the court. |
|
098 |
Chair Williams |
Closes public hearing and opens a work session on HB
2866. |
|
HB 2866
WORK SESSION |
||
|
100 |
Rep.
Prozanski |
MOTION: Moves HB
2866 to the floor with a DO PASS recommendation. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
105 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. PROZANSKI will lead discussion on
the floor. |
|
119 |
Chair Williams |
Closes the work session on HB 2866 and opens a work
session on HB 2095. |
|
HB 2095
WORK SESSION |
||
|
120 |
Bill Taylor |
Explains HB 2095 which requires court or enforcing
agency issuing child support order to direct obligor or obligee to provide
health care coverage to child under health benefit plan under certain
circumstances. |
|
136 |
Ronelle Shankle |
Submits testimony. Discusses hand-engrossed bill
with -2 amendments and -2 amendments (EXHIBITS
X-AA). |
|
145 |
Chair Williams |
Asks for an explanation of what previously held up
this legislation. |
|
147 |
Shankle |
Explains their previous disagreements. |
|
161 |
Nancy Miller |
State Court Administrator’s Office. Agrees that the issues of concern have
been resolved. |
|
183 |
Rep.
Barker |
MOTION: Moves to ADOPT HB 2095-2 amendments dated
03/21/03. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
188 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
190 |
Rep.
Barker |
MOTION: Moves HB 2095 to the floor with a DO PASS
AS AMENDED recommendation. |
|
192 |
Vice-Chair Anderson |
Asks why the references to union were removed. |
|
200 |
Shankle |
Explains that the references to union were removed
because they are found in a previous portion of the bill. |
|
211 |
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
213 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. ANDERSON will lead discussion on
the floor. |
|
231 |
Chair Williams |
Closes work session on HB 2095 and opens a work
session on HB 2207. |
|
HB 2207
WORK SESSION |
||
|
233 |
Bill Taylor |
Committee Counsel.
Explains HB 2207 which authorizes State Parks and Recreation
Department to request Department of State Police to provide criminal offender
information about subject individuals. Explains -1 amendments (EXHIBIT BB) |
|
242 |
Mike Carrier |
Director, State Parks and Recreation Department.
Testifies in support of HB 2207. |
|
253 |
Rep. Shetterly |
Doesn’t know why there is a definition of
“vulnerable person” in this bill.
Suggests deleting lines 4-9 of the -1 amendments. |
|
268 |
Chair Williams |
Explains the rationale for trying to define
“vulnerable person” in this legislation. |
|
287 |
Rep. Shetterly |
Worries about narrowing the intent with the
definition. |
|
326 |
Carrier |
Says there is a duty to establish specific criteria
by rule so the definition is needed. |
|
336 |
Chair Williams |
Gives examples. |
|
372 |
Rep. Jenson |
Shares concern with limitations being placed in the
legislation based on the definition. |
|
381 |
Chair Williams |
Says the amendments were drafted to allay committee
fears, but says lines 4 – 9 could be deleted. |
|
400 |
Rep. Barker |
Says this would help people who are worried about
background checks. |
|
414 |
Carrier |
Doesn’t know if these definitions might limit other
authorities by other agencies. |
|
438 |
Rep. Prozanski |
Discusses how this legislation might affect other
agencies by these definitions. |
|
449 |
Chair Williams
|
MOTION: Moves to SUSPEND the rules for the purpose
of making CONCEPTUAL AMENDMENTS to the
-1 amendments to HB 2207. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
454 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
459 |
Rep.
Shetterly |
MOTION: Moves to CONCEPTUALLY AMEND HB 2207 by deleting lines 4-9 of the -1
amendments. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
460 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
472 |
Vice-Chair
Ackerman |
MOTION: Moves to ADOPT the -1 amendments to HB
2207 as CONCEPTUALLY AMENDED. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
480 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
484 |
Vice-Chair Ackerman |
MOTION: Moves HB 2207 to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE:
8-0-1 EXCUSED: 1 - Krummel |
|
486 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. ACKERMAN will lead discussion on
the floor. |
|
TAPE 101,
B |
||
|
035 |
Chair
Williams |
MOTION: Requests unanimous consent that the rules
be SUSPENDED to allow REP. KRUMMEL to BE RECORDED as voting AYE on HB 2866,
2095 and 2207. |
|
049 |
Chair Williams |
Closes the work session on HB 2207 and adjourns the
meeting at 6:50 p.m. |
EXHIBIT
SUMMARY
A
– HB 2093, written testimony, submitted by Angela Sherbo, 3 pgs.
B
– HB 2093, written testimony, submitted by Emily Cohen, 2 pgs.
C
– HB 2093, letters of Judge Pierre L. Van Rysselberghe, Judge Kip Leonard,
and Stu Burge, submitted by Karen
Stenard, 3 pgs.
D
– HB 2093, written testimony of Karen Stenard, and email from Joy Brewer,
submitted by Karen Stenard, 3 pgs.
E
– HB 2093, written testimony of Michele Reniff, submitted by Megan Friese, 1
pg.
F
- HB 2093, written testimony, submitted by Peter Ozanne, 2 pgs.
G
- HB 2093, written testimony, submitted by Michael Livingston, 3 pgs.
H
– HB 2093, written testimony, submitted by Judy Stiegler, 2 pgs.
I
– HB 2093, letter, submitted by William Furtick, 2 pgs.
J
– HB 2093, written testimony, submitted by Kevin George, 1 pg.
K
– HB 2093, written testimony, submitted by Marie Hoeven, 2 pgs.
L
– HB 2092, written testimony, submitted by Mary Williams, 1 pg.
M
– HB 2092, written testimony, submitted by Peter Ozanne, 2 pgs.
N
– HB 2425, hand-engrossed with -1 amendments, submitted by Keith Kutler, 25
pgs.
O-
HB 2425, -1 amendments, dated 3/19/03, submitted by staff, 7 pgs.
P
– HB 2873, written testimony, submitted by Ann Christian, 2 pgs.
Q
– HB 2873, -1 amendments, submitted by staff, dated 3/20/03, 1 pg.
R
– HB 2873, hand-engrossed with -1 amendments, submitted by staff, 2 pgs.
S
– HB 2770, -1 amendments, submitted by staff, dated 3/13/03, 1 pg.
T
- HB 2770, -2 amendments, submitted by staff, dated 3/21/03, 1 pg.
U
– HB 2115, -1 amendments, submitted by staff, dated 3/18/03, 3 pgs.
V
– HB 2803, written testimony of Ben de Haan, submitted by Mitch Morrow, 2 pgs.
W
– HB 2803, -1 amendments, submitted by staff, dated 3/12/03, 1 pg.
X
– HB 2095, hand-engrossed with -2 amendments, submitted by Ronelle Shankle,
Department of Justice, 11 pgs.
Y
– HB 2095, -2 amendments, submitted by staff, dated 3/21/03, 6 pgs.
Z
– HB 2095, letter to Linda Gillett, submitted by Ronelle Shankle, 1 pg.
AA
– HB 2095, proposed amendments, submitted by Ronelle Shankle, 2 pgs.
BB
– HB 2007, -1 amendments, submitted by staff, dated 3/21/03, 1 pg.
CC
– HB 2093, written testimony of National Association of Social Workers,
submitted by staff, 2 pgs.
DD
– HB 2093, written testimony of Dan Krein, Oregon Juvenile Department
Director’s Association, submitted by Larry Oglesby, 1 pg.