HOUSE COMMITTEE ON JUDICIARY
April 10, 2003 Hearing Room 357
1:00 pm Tapes 134
- 137
MEMBERS PRESENT: Rep. Max Williams, Chair
Rep. Robert Ackerman, Vice-Chair
Rep. Gordon Anderson, Vice-Chair
Rep. Jeff Barker
Rep. Bob Jenson
Rep. Jerry Krummel
Rep. Greg Macpherson
Rep. Floyd Prozanski
Rep. Lane Shetterly
STAFF PRESENT: Bill
Joseph, Counsel
Nancy Massee, Committee Assistant
MEASURE/ISSUES HEARD:
HB 2758 Public Hearing
HB 3196 Public Hearing and Work
Session
HB 2590 Public Hearing
HB 2796 Public Hearing
HB 2706 Public Hearing
HB 2308 Work Session
HB 2279 Work Session
HB 3340 Public Hearing
These minutes are in
compliance with Senate and House Rules.
Only text enclosed in quotation marks reports a speakers exact words. For complete contents, please refer to the
tapes.
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TAPE/# |
Speaker |
Comments |
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TAPE 134,
A |
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|
022 |
Chair Williams |
Opens meeting at 1:15 pm. Opens public hearing on HB 2758. |
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HB 2758
PUBLIC HEARING |
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|
040 |
Linda Adlard |
City of Beaverton.
Testifies in support of HB 2758 which authorizes cities with
populations of 35,000 or more to have photo red light cameras at up to eight
intersections and submits testimony (EXHIBIT
A). Describes Beavertons experience with the photo red light cameras. |
|
060 |
Forest Soth |
Beaverton City Council. Testifies in support of HB
2758. |
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065 |
Dean Meisner |
City of Beaverton Traffic Officer. Testifies in support of HB 2758. |
|
109 |
Rep. Prozanski |
Describes personal experience in Houston and their
high fines. |
|
111 |
Rep. Jenson |
Comments he does not like the way the bill is
written narrowing it to cities of certain populations. |
|
138 |
Rep. Shetterly |
Describes attitude change since photo red light bill
first appeared. Thinks there has been
a change in movement. |
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159 |
Staff |
Submits letter in support of HB 2758 from Salem
Chief of Police (EXHIBIT B). |
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160 |
Chair Williams |
Closes public hearing on HB 2758 and opens public
hearing on HB 3196. |
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HB 3196
PUBLIC HEARING |
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182 |
Rep. Macpherson |
Explains HB 3196 which authorizes photo radar in
cities of Lake Oswego and Newberg. |
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200 |
Judie Hammerstad |
Lake Oswego Mayor. Supports HB 3196 and submits
written testimony (EXHIBIT C). |
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220 |
Dr. John R. Tongue |
Chair, Oregon Transportation Safety Committee. Testifies in support of HB 3196 and
submits testimony (EXHIBIT D). |
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252 |
Rep. Krummel |
Asks about all cities. |
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Rep. Macpherson |
Replies adding cities. |
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274 |
Rep. Dave Hunt |
House District 40.
Wants to add city of Gladstone to bill. |
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300 |
Jeff Barnes |
Traffic Sergeant, City of Salem. Testifies in support of HB 3196 and submits
testimony from City of Salem (EXHIBIT E). |
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309 |
Staff |
Submits HB 3196-1 amendments (EXHIBIT F). |
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310 |
Chair Williams |
Closes public hearing. Opens work session on HB 3196. |
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HB 3196
WORK SESSION |
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310 |
Rep. Jenson |
Supports this bill for all cities. |
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311 |
Rep. Krummel |
Comments that all cities should eventually have a
chance to participate |
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312 |
Rep.
Barker |
MOTION: Moves to ADOPT HB 3196-1 amendments dated
4/9/03. |
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VOTE:
9-0 |
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313 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
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314 |
Rep. Barker
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MOTION: Moves HB 3196 to the floor with a DO PASS
AS AMENDED recommendation. |
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315 |
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VOTE:
7-1-1 AYE: 7 - Ackerman, Anderson, Barker, Krummel,
Macpherson, Shetterly, Williams NAY: 1 - Jenson EXCUSED: 1 Prozanski |
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316 Chair Williams The motion CARRIES.
REP. MACPHERSON will lead discussion on the floor. |
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318 |
Chair Williams |
Closes work session on HB 3196. Opens public hearing
on HB 2590. |
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HB 2590
PUBLIC HEARING |
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TAPE 135,
A |
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|
032 |
Rep. Tootie Smith |
House District 18.
Testifies in support of HB 2590 which allows principal real estate
broker to claim lien upon commercial real estate that is subject of sale,
lease or other conveyance. Explains why HB 2590 is needed. |
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|
065 |
Jana Jarvis |
Oregon Association of Realtors. Testifies in support of HB 2590 and
submits testimony (EXHIBIT G). |
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082 |
Jarvis |
Continues presentation on HB 2590. Discusses broker lien laws under
consideration. |
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104 |
Joe Woods |
Executive Vice President, Commercial Firm. Re-emphasizes
broker lien laws as opposed to lawsuits. Lien law is more equitable and more
expedient than lawsuits. |
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140 |
Terry Shanky |
Managing Director, Cushman and Wakefield. Testifies
in support of HB 2590. Testifies about real estate transactions and expense
of lawsuits and the time frame in the courts. Describes the bill as innocuous because there will not be
rampant liens filed; most people comply with the agreements. |
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163 |
Rep. Prozanski |
Asks for duration of liens. |
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167 |
Jarvis |
Answers an average of two years. |
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170 |
Rep. Prozanski |
Comments on recovery of attorney fees and asks if
the contracts provide for that. |
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175 |
Shanky |
Answers it can be. |
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180 |
Rep. Shetterly |
Comments on sales agreements, and asks if listing
agreements provide for arbitration too. |
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188 |
Woods |
Responds that arbitration is preferred. |
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202 |
Rep. Shetterly |
Asks if arbitration takes place before suits. |
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210 |
Woods |
That is correct. |
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215 |
James Bentley |
Commercial Association. Testifies in support of HB 2590. |
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227 |
Tom Akins |
NACM Business Credit Services. Testifies in opposition to HB 2590 and
submits testimony (EXHIBIT H). |
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245 |
Pat Jones |
NACM Business Credit Services. Testifies in opposition
to HB 2590. |
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263 |
Greg Speck |
Commercial Real Estate Developer, Beaverton. Testifies in opposition to HB 2590. Gives background on experience. Does not
think HB 2590 is needed. States they did not have any input on this bill. |
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320 |
Rep. Barker |
Asks how long it takes to take such a case to court. |
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326 |
Shanky |
Explains the process of getting a lien filed. |
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TAPE 134, B |
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044 |
Speck |
Presents his view of what happens. |
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076 |
Rep. Shetterly |
Asks on what grounds a dispute arises. |
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078 |
Speck |
Answers how disputes come about. |
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096 |
Vice Chair Ackerman |
Asks if you lose the case, would there be a lien
against the property. |
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100 |
Speck |
Responds he does not know. Comments on how business
is done in the real estate industry. |
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120 |
Rep. Krummel |
Asks what kinds of liens can be placed against
commercial real estate. Suggests construction liens. |
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140 |
Rep. Jenson |
Comments on the 1987 lien reform. |
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154 |
Shanley |
Responds the broker does not participate in the
construction on the real property. |
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164 |
Shanley |
States their position. Says this bill creates a new class of lien claimant. |
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180 |
Dwight Trahin |
World Trade Center Building Manager. Testifies in
opposition to HB 2590. |
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184 |
Craig Lewis |
Melvin Mark Commercial Real Estate. Owners,
developers, and brokers. Testifies in
opposition to HB 2590. |
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199 |
Pat Schreck |
Melvin Mark Brokerage Company. Testifies in
opposition to HB 2590. |
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237 |
Dick Cantlin |
Real Estate lawyer, Board of NAOB. Testifies in
opposition to HB 2590 which creates a special class of people giving self
rights. |
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350 |
Cantlin |
Continues presentation in opposition to HB 2590. |
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422 |
Rep. Prozanski |
Asks when did states start using these lien laws. |
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TAPE 135,
B |
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033 |
Rep. Krummel |
Asks if attorneys have lien rights in certain
circumstances. |
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054 |
Paul Cosgrove |
Oregon Financial Services. Testifies in opposition
to HB 2590. Describes liens and leasing situations. |
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077 |
Jim Markee |
Oregon Mortgage Lenders Association. Testifies in
opposition to HB 2590. Says this bill is unnecessary. |
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086 |
Tim Martinez |
Oregon Bankers Association. Testifies in opposition
to HB 2590. |
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104 |
Staff |
Submits written testimony in opposition to HB 2590
from John Carder, Melvin Mark Brokerage Company (EXHIBIT I); Portland Metro Association of Building Owners and
Managers (EXHIBIT J); and Dan
Petrusich for Melvin Mark Development Company (EXHIBIT K). |
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105 |
Chair Williams |
Closes public hearing on HB 2590. Opens public
hearing on HB 2796. |
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HB 2796
PUBLIC HEARING |
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147 |
Rep. Betsy Close |
House District 15.
Explains HB 2796 which expands types of proceedings in which murder of
juror or witness becomes aggravated murder. Testifies in support of HB 2796
and submits testimony (EXHIBIT L). Opposes
the -1 amendment. |
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175 |
Anne Pratt |
Crime Victims United. Testifies in support of HB
2796 and submits testimony (EXHIBIT M).
Adds that this loophole needs to be fixed. |
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201 |
Janyce Iturra |
Testifies in support of HB 2796 without the
amendment and submits written testimony (EXHIBIT
N). Describes personal experience
of her son being murdered as a witness to a crime. |
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251 |
Susan Russell |
Oregon Criminal Defense Lawyers Association. Opposes
HB 2796 and the -1 amendments. States
the current murder statute is adequate for these circumstances. States HB
2796 would reduce discretion of the judge.
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295 |
Rep. Jenson |
Asks about the objection to capitol punishment. |
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343 |
Rep. Barker |
Asks about juvenile proceedings. |
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350 |
Staff |
Submits written testimony by Bradley Berry for the
Office of Yamhill County District Attorney in opposition to HB 2796 (EXHIBIT O); Clarence Pugh for
Oregonians for Alternatives to the Death Penalty (EXHIBIT P) and by David
Reese, Deputy General Counsel for Office of the Governor (EXHIBIT Q). Submits the
-1 amendment (EXHIBIT R). |
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381 |
Chair Williams |
Mentions that this bill was vetoed in 2001 session
and presently it would also be vetoed. |
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Chair Williams |
Closes public hearing on HB 2796. Opens public
hearing on HB 2706. |
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HB 2706
PUBLIC HEARING |
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|
401 |
Stephen Kafoury |
Professional Land Surveyors of Oregon. Testifies in
support of HB 2706 which creates land surveyor lien for performance of land
surveying activities. Submits -1
amendment (EXHIBIT S). |
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420 |
George Cathey |
Land Surveyor, Salem. Testifies in support of HB 2706. |
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TAPE 136,
A |
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100 |
Rep. Krummel |
Asks about lien privileges already in the law. |
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105 |
Kafoury |
Responds that a boundary survey does not fit under
that statute. |
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107 |
Rep. Shetterly |
Discusses activities toward construction of
property. This would include a
survey, not necessarily construction, like a boundary survey, cutting timber. |
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123 |
Kafoury |
Reiterates that is correct. |
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125 |
Rep. Ackerman |
Relates to a partition. |
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130 |
Jack Munro |
Oregon Land Title Association. Testifies as neutral.
States the need to prioritize liens. |
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136 |
Paul Cosgrove |
Oregon Financial Service Association. Explains the priority issue in liens. Opposes HB 2706. |
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153 |
Jim Markee |
Oregon Mortgage Lenders Association. Opposes HB 2706. Adds information about contract disputes. |
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298 |
Staff |
Submits letter in support of HB 2706 by Gregory
Crites (EXHIBIT T). |
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299 |
Chair Williams |
Closes public hearing on HB 2706. Opens work session on HB 2308. |
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HB 2308
WORK SESSION |
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400 |
Rep.
Williams |
MOTION: Moves HB 2308 to the floor WITHOUT
RECOMMENDATION as to passage and BE REFERRED to the committee on Health and
Human Services. |
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VOTE:
7-0-2 EXCUSED: 2 - Barker, Macpherson |
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401 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
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403 |
Chair Williams |
Closes work session on HB 2308. Opens work session
on HB 2279. |
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HB 2279
WORK SESSION |
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|
415 |
Bill Joseph |
Committee Counsel.
States there are -1, -2, -3, and -4 amendments to HB 2279 (EXHIBIT U). |
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|
416 |
Jim Damis |
Oregon State Bar. Discusses the amendments. Says no
one has objected to the -3 amendments which are a combination of the -1 and
the -2. |
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430 |
Joyce Patton |
Oregon State Bar, Public Affairs Program. States
these are consensus amendments. |
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448 |
Rep.
Williams |
MOTION: Moves to ADOPT HB 2279-4 amendments dated
4/9/03. |
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|
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VOTE:
6-0-3 EXCUSED: 3 - Barker, Jenson, Macpherson |
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449 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
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450 |
Chair Williams |
Says this bill will have another work session later.
Closes work session on HB 2279. Opens
public hearing on HB 3340. |
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HB 3340
PUBLIC HEARING |
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TAPE 137,
A |
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|
040 |
Richard Lane |
Oregon Trial Lawyers Association. Says this is not his bill. Opposes HB 3340.
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042 |
Scott Gallant |
Oregon Medical Association. Opposes HB 3340. |
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045 |
Chair Williams |
Closes the work session on HB 3340 and adjourns the
meeting at 3:37 pm. |
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EXHIBIT
SUMMARY
A
HB 2758, written testimony, Linda Adlard, 5 pp
B
HB 2758, letter, Salem Chief of Police Walt Myers, 1 p
C
HB 3196, written testimony, Judie Hammerstad, 3 pp
D
HB 3196, written testimony, Dr. John Tongue, 1 p
E
HB 3196, letter, Jeff Barnes for Salem Police Department, 1 p
F
HB 3196-1 amendment, staff, 2 pp
G
HB 2590, written testimony, Jana Jarvis, 3 pp
H
HB 2590, written testimony, Tom Akins, Business Credit Services, 1 p
I
HB 2590, written testimony, John Carder, 1 p
J
HB 2590, written testimony, Building Owners and Managers, 2 pp
K
HB 2590, written testimony, Daniel Petrusich, 2 pp
L
HB 2796, written testimony, Rep. Betsy Close, 2 pp
M
HB 2796, written testimony, Anne Pratt, 1 p
N
HB 2796, written testimony, Janyce Iturra, 1 p
O
HB 2796, written testimony, Bradley Berry, 2 pp
P
HB 2796, written testimony, Clarence Pugh, 6 pp
Q
HB 2796, written testimony, David Reese, 1 p
R
HB 2796-1 amendment, Staff, 5 pp
S
HB 2706-1 amendment, Stephen Kafoury, 1 p
T
HB 2706, written testimony, Gregory Crites, 3 pp
U
HB 2279 -1, -2, -3, -4 amendments, staff, 10 pp.