SENATE COMMITTEE ON JUDICIARY

 

 

February 19, 2003                                                                                               Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 33-34

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 175 Public Hearing

                                                SB 178 Public Hearing

 

 

 

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 33, A

003

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a public hearing on SB 175.

SB 175 PUBLIC HEARING

012

Paul Donheffner

Oregon State Marine Board.  Submits testimony and testifies in support of SB 175 that modifies provisions relating to operating a boat under influence of intoxicants (EXHIBIT A).

045

Sen. Walker

Asks if alcohol is the only substance that applies in this statute.

050

Donheffner

Replies that it is not limited to alcohol.

065

Craig Prins

Committee Counsel.  Provides clarification of underage drivers versus underage boaters (EXHIBIT B).

079

Vice Chair Burdick

Asks how this legislation would interact with current law prohibiting the possession of alcohol by a minor.

078

Prins

Explains what charges could be made.

090

Vice Chair Burdick

Asks if a boat can be impounded.

097

Donheffner

Says there is no provision for impounding a boat.  Discusses what might happen to a boat.


 

121

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 175.

164

Chair Minnis

Says there would have to be some proof of alcohol consumption to enforce this statute.

175

Skye

Agrees this to be true under current law, but not if this statute is enacted.

182

Chair Minnis

Wonders if this law would overturn probable cause.

192

Skye

Says it would not, but concerning minors, reasonable suspicion would be enough.

205

Chair Minnis

Explains his disagreement.

242

Skye

Discusses the difference between a Driving Under the Influence of Intoxicants (DUII) and a Boating Under the Influence of Intoxicants (BUII).  Says there is no diversion program for a BUII.

316

Sen. Ringo

Asks if a minor in possession has a record for the rest of his life.

320

Skye

Says, no.

324

Prins

Asks if all boats are covered under this bill.

329

Skye

Says, yes.

342

Prins

Explains what is included under “all boats” category.

365

Sen. Walker

Wonders about a particular application of this legislation.

383

Chair Minnis

Asks about diversion statutes that might apply to boating.

390

Donheffner

Says there is no formal statewide program.

405

Chair Minnis

Asks if it would be appropriate to create one.

409

Donheffner

Says the Board would be open to discussion.

423

Sen. Ringo

Questions enacting a zero-tolerance law.

435

Donheffner

Explains the definition of zero-tolerance with regard to minors.

462

Vice Chair Burdick

Asks for clarification of what is being asked by this legislation.

468

Donheffner

Explains why this legislation is being presented.

492

Prins

Gives a further clarification.

TAPE 34, A

032

Vice Chair Burdick

Asks what a comparable penalty in boating would be to a suspension.

035

Donheffner

Says there is no comparable penalty since there is no license to revoke.

043

Vice Chair Burdick

Asks about charges for minors in possession.

042

Donheffner

Clarifies this charge could be made.

072

Sen. Ringo

Comments that he does not see a deterrent in this legislation.

088

Donheffner

Says he believes there are deterrents in sending the message of zero-tolerance.

111

Chair Minnis

Feels this bill would impart a stricter penalty than driving penalty.


 

127

Chair Minnis

Closes the public hearing on SB 175 and opens a public hearing on SB 178.

SB 178  PUBLIC HEARING

141

Richard Franklin

Gresham, Oregon. Testifies in opposition to SB 178 which modifies definition of extreme fighting.  Says the statute is over-broad.

223

Chair Minnis

Asks what is not wanted in regulation.

225

Franklin

Explains what is not wanted.

250

Vice Chair Burdick

Asks for some background on Mr. Franklin.

252

Franklin

Gives background.

267

Matt Lindland

Eagle Creek, Oregon. Discusses his experience with amateur wrestling.  Opposes SB 178.

299

Vice Chair Burdick

Asks if he is referring to SB 178 or current law when he says it is overly broad.

278

Lindland

Says he is referring to SB 178.

305

Franklin

Talks about tax on gate receipts.

327

Chair Minnis

Recalls a time when the Boxing and Wrestling Commission did not sanction any events at all in the state of Oregon.

338

Chael Sonnen

Tualatin, Oregon. Testifies in opposition to SB 178.

376

Franklin

Discusses extreme fighting.  Says it is run by strict guidelines and safety rules, but the State has been trying to shut them down.

426

Sen. Ringo

Asks for an understanding of extreme fighting.

428

Franklin

Describes what it involves.

TAPE 33, B

026

Sonnen

Believes that taxing and regulating is the issue, and an amateur sport has never been regulated.

050

Lindland

Says this is a mixed marshal arts event with rules and regulations, and labeling it as extreme fighting is unfair.

084

Robert Miller

Gaming Enforcement Division, Oregon State Police.  Submits testimony and testifies in support of SB 178 (EXHIBIT C).

135

Roland Iparraguirre

Department of Justice. Submits testimony and testifies in support of SB 178 (EXHIBIT D).

188

Chair Minnis

Asks if significant injury is an assumption.

198

Iparraguirre

Says it is hard to know since the state does not regulate this activity.

202

Chair Minnis

Thinks that there is a need to identify significant harm.

240

Miller

Says there are stories on the internet about extreme fighting and grave injuries.

291

Chair Minnis

Asks how this kind of event would be regulated.

294

Miller

Says they would ban these events.

329

Chair Minnis

Contends that a ban is unjustified just because it is offensive to some.

351

Sen. Ringo

Suggests that there needs to be evidence of physical harm.  Wonders why amateur wrestling is considered a law enforcement issue.

399

Miller

Explains how the State Police got involved.

407

Craig Prins

Committee Counsel.  Asks for clarification of an amateur event.

418

Iparraguirre

Discusses amateur wrestling and boxing.

475

Prins

Asks if there is an exemption process for private clubs to host events.

483

Miller

Says consistency is the primary concern.

TAPE 34, B

031

Chair Minnis

Inquires about the licensing of a “security officer.”

041

Iparraguirre

Explains his understanding.

056

Chair Minnis

Asks how long this kind of fighting has been going on.

055

Iparraguirre

Says about 1 1/2 years.

061

Chair Minnis

Maintains that additional justification is needed to prohibit this kind of fighting.

073

Chair Minnis

Closes the public hearing on SB 178 and adjourns the meeting at 9:40 a.m.

 

 

 

EXHIBIT SUMMARY

 

A – SB 175, written testimony submitted by Paul Donheffner, 2 pp

B – SB 178, printed material provided by staff, 1 p

C – SB 178, written testimony submitted by Robert Miller, 2 pp

D – SB 178, printed material submitted by Roland Iparraguirre, 28 pp