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