SENATE COMMITTEE ON JUDICIARY

 

 

March 27, 2003                                                                                             Hearing Room HR 343

8:00 A.M.                                                                                                                       Tapes 75-76

 

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:                 Bill Joseph, Counsel

                                                Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 613 Public Hearing

SB 553 Public Hearing and Work Session

SB 716 Public Hearing and Work Session

SB 618 Public Hearing and 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 75, A

002

Chair Minnis

Calls the meeting to order at 8:08 a.m. and opens a public hearing on SB 613.

SB 613 PUBLIC HEARING

077

Sen. Peter Courtney

Senate District 11.  Testifies in support of SB 613 that authorizes game official to order coach, team player or spectator to leave sports event.

082

Brad Garrett

Oregon School Activities Association.  Submits testimony and testifies in support of SB 613 (EXHIBIT A).

145

Sen. Ferrioli

Asks how a confrontation is going to be handled and by whom.

169

Garrett

Says it is up to administration to handle the confrontation and leave the coach to coaching his team.

197

Sen. Ferrioli

Expresses concern about how a game official would handle a belligerent spectator.

206

Sen. Ringo

Asks for a definition of “location” as the bill is written.

217

Mark Cottle

Mayor, Sherwood, Oregon.  Describes what is meant by “location” and continues to explain the process of removing a spectator.


 

259

Alan Moberg

Tri-States Intercollegiate Basketball Officials Association.  Testifies in support of SB 613.  Says behavior of spectators is becoming deplorable.

324

Vice Chair Burdick

Asks if a game official has the authority to call off a game.

342

Garrett

Says that from a high school sports perspective, they certainly do have authority.

380

Chair Minnis

Reviews his understanding of what SB 613 would do.  Explains the “Collins Decision” regarding trespass.

433

Cottle

Explains the amount of time one is asked to be gone from the premises in Sherwood.

447

Chair Minnis

Asks about the penalty for trespass.

449

Craig Prins

Committee Counsel.  Explains the penalty for trespass.

460

Chair Minnis

Asks if it is the intent of this bill to create a probable cause.

434

Sen. Courtney

Says that he needs some time to consider the answer to this.

TAPE 76, A

035

Chair Minnis

Asks about the need to create a separate trespass statute.

037

Sen. Courtney

Responds that this bill was the result of his request to legislative counsel.

046

Vice Chair Burdick

Asks counsel about the Collins Decision.

051

Prins

Explains the need to clarify who is in authority to trespass someone off the premises.

076

Sen. Ferrioli

Asks if there is an implied contract between fan and participant, and wonders if an official is liable for ejecting the wrong person.

122

Cottle

Explains what Sherwood does.

151

Sen. Ferrioli

Discusses further the implied contract and expresses concern about civil liability.

166

Sen. Starr

Addresses the modifications discussed by Mayor Cottle and asks for further clarification of those modifications.

174

Cottle

Explains the concerns of the Sherwood school district.

200

Sen. Minnis

Contends Section 2 of the bill regarding civil liberties needs more time for review.

215

Sen. Courtney

Says it is unfortunate that we have to have this kind of legislation.

235

Chair Minnis

Closes the public hearing on SB 613 and opens a public hearing on SB 553.

SB 553 PUBLIC HEARING

240

Sen. Vicki Walker

Senate District 7.  Introduces SB 553 that requires each person 16 years of age or older who resides in dwelling of family applying to serve as host family for foreign exchange student to make declaration that person has never been convicted of certain crimes.  Reviews the -2 amendments. (EXHIBIT B)

308

Chair Minnis

Closes the public hearing on SB 553 and opens a work session.

SB 553 WORK SESSION

311

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 553-2 amendments dated 3/26/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

314

Chair Minnis

Hearing no objection, declares the motion CARRIED.

316

Chair Minnis

Closes the work session on SB 553 and re-opens the public hearing.

SB 553 PUBLIC HEARING

316

Sen. Walker

Continues to review the -2 amendments.  Refers to a letter from Dr. John Hishmeh, Executive Director, Council on Standards for International Educational Travel (CSIET) (EXHIBIT C).

403

Carlos Cartlidge

Eugene, Oregon. Testifies in support of SB 553.  Says over the 20 years his family has hosted exchange students, they have never had a background check.  Says the Department of Education has no opposition to this bill.

TAPE 75, B

066

Vice Chair Burdick

Asks if the amendments require a background check.

066

Sen. Walker

Says the amendments do not require a background check.

073

Vice Chair Burdick

Asks if there is support for a declaration.

075

Cartlidge

Replies, yes.

082

Sen. Ringo

Asks what information background checks provide that a declaration does not.

087

Cartlidge

Explains his reasons for preferring background checks. 

112

Thomas Winston Morgan

American Field Service.  Submits testimony and testifies in opposition to SB 553 (EXHIBIT D).  States his concerns about the bill.

206

Sen. Ringo

Asks why criminal background checks shouldn’t be used as a tool.

209

Morgan

Explains the operational dynamics of the exchange programs.

224

Sen. Ringo

Asks about the objection to background checks.

228

Morgan

Says they may provide a false sense of security.

230

Sen. Ringo

Asks if background checks are expensive.

251

Morgan

Says there are costs involved, but doesn’t know who will be responsible.

262

Sen. Ringo

Asks more specifically for the objection to background checks.

266

Morgan

Says they are unnecessary in the dynamics of a well run exchange program.

281

Sen. Ringo

Says that he believes background checks are a helpful tool.

292

Vice Chair Burdick

Asks if Mr. Morgan has looked at and supports the -2 amendments.

300

Morgan

Says, yes.

303

Sen. Walker

Asks for an account of how the State of Washington’s program is working.

310

Morgan

Explains the procedures used in Washington.

350

Tom Wrosch

Corporation Division, Secretary of State’s Office.  Submits testimony and testifies as neutral on SB 553 (EXHIBIT E).  Says the -2 amendments will not create a fiscal impact.

400

Sen. Walker

Asks about Minnesota law.

406

Wrosch

Says that a background check is discretionary.

417

Andrea Meyer

American Civil Liberties Union.  Says they have no objection to the -2 amendments.

438

Robert Willner

Oregon International Council.  Submits testimony and testifies as neutral on SB 553 (EXHIBIT F).  Suggests some technical changes to the -2 amendments.

TAPE 76, B

040

Sen. Walker

Asks if there should be some other reference since the United States Information Agency no longer exists.

044

Willner

Explains what reference should be made.

060

Larry Rutter

Criminal Information Services, Inc.  Testifies as neutral on SB 553.

091

Sen. Ringo

Asks how much a background check costs.

092

Rutter

Says it cost 75 cents online.

104

Sen. Ringo

Asks what is in that background check.

106

Rutter

Explains what would be included.

116

Sen. Walker

Wonders if some technical changes need to be made to the amendments.

123

Vice Chair Burdick

Closes the public hearing on SB 553 and opens a public hearing on SB 716.

SB 716 PUBLIC HEARING

131

Bill Joseph

Committee Counsel.  Introduces SB 716 that authorizes Department of Justice to approve linked progressive bingo game conducted by charitable, fraternal or religious organization, and the -1 amendments (EXHIBIT G).

148

John Hellen

Oregon Charitable Gaming Association.  Testifies in support of SB 716.  Clarifies what the -1 amendments do.

190

Sen. Ringo

Asks if bingo is addictive.

194

Hellen

Explains that it is primarily a social event.

208

Sen. Ringo

Asks about competition with the casinos.

211

Hellen

Explains the element of competition.

224

Chair Minnis

Closes the public hearing on SB 716 and opens a work session.

SB 716 WORK SESSION

253

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 716-1 amendments dated 03/20/03.

 

 

VOTE:  6-0

255

Chair Minnis

Hearing no objection, declares the motion CARRIED.

257

Justin Martin

Confederated Tribes of Grande Ronde.  Testifies as neutral on SB 553. Says this is not about competition, but a delivery of services and revenue to charitable organizations.

310

Sen. Walker

MOTION:  Moves SB 716 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-1-0

AYE:               5 - Minnis, Ferrioli, Ringo, Starr C., Walker

NAY:               1 - Burdick

324

Chair Minnis

The motion CARRIES.

MINNIS will lead discussion on the floor.

328

Chair Minnis

Closes the work session on SB 716 and opens a public hearing on SB 618.

SB 618 PUBLIC HEARING

337

Bill Joseph

Committee Counsel. Introduces SB 618 that modifies laws relating to genetic privacy.

345

Ted Falk

Co-Chair, Advisory Committee on Genetic Privacy and Research. Testifies in support of SB 618.  Recommends passage of the -2 amendments (EXHIBIT H).

403

Chair Minnis

Closes the public hearing on SB 618 and opens a work session.

SB 618 WORK SESSION

406

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 618-2 amendments dated 03/26/03.

 

 

VOTE:  6-0

409

Chair Minnis

Hearing no objection, declares the motion CARRIED.

413

Joseph

Asks for a section-by-section analysis of the amendments for review.

420

Falk

Says he will do that.

426

Chair Minnis

Closes the work session on SB 618 and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 613, written testimony submitted by Brad Garrett, 1 p

B – SB 553, -2 amendments submitted by staff, 5 pp

C – SB 553, written testimony of John Hishmeh submitted by Sen. Vicki Walker, 5 pp

D – SB 553, written testimony submitted by Thomas Morgan, 2 pp

E – SB 553, written testimony submitted by Tom Wrosch, 1 p

F – SB 553, written testimony submitted by Robert Willner, 1 p

G – SB 716, -1 amendments submitted by staff, 1 p

H – SB 618, -2 amendments submitted by staff, 2pp

I – SB 618, written testimony of Emily Harris submitted by staff, 1 p

J – SB 618, written testimony of Astrid Newell submitted by staff, 2 pp