SENATE COMMITTEE ON JUDICIARY

July 09, 2003 Hearing Room 343

9:00 AM Tapes 187 - 188

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

Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 910 Public Hearing and Work Session

SB 908 Public Hearing and Work Session

HB 2094A 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 187, A
003	Chair Minnis	Calls the meeting to order at 9:07 a.m. and opens a public hearing on SB 910.
SB 910 PUBLIC HEARING
014	Sen. Walker	Explains that SB 910 is a reincarnation of HB 2737.
019	Rep. Jeff Merkley	House District 47. Testifies in support of SB 910 that prohibits person in course of offering real estate, goods or services for sale, rent or other disposition from transmitting electronic mail message that uses Internet domain name without permission or misrepresents subject or origin of message.
053	Jim Craven	American Electronics Association. Testifies in support of SB 910. Says the first section of the bill explains why it is important that the legislature support anti-Spam legislation. Says the requirements are not in conflict with any other states.
154	Cheryl Pellegrini	Oregon Department of Justice. Testifies as neutral on SB 910. Contends this is a compromise bill as opposed to a consensus bill.
180	Sen. Ferrioli	Asks about the nexus for prosecution.
200	Pellegrini	Explains the basis for a lawsuit.
220	Sen. Ferrioli	Says he does not see the agency being able to take serious action.
237	Pellegrini	Says this bill will not stop all Spam, but hopefully it will stop a percentage.
267	Rep. Merkley	Explains that there are two vehicles, the Unfair Trade Practices Act and the Right of Private Action, available to deal with Spam.
310	Rep. Mark Hass	House District 27. Testifies in support of SB 910.
345	Bill Taylor	Committee Counsel. Explains how the bill addresses attorney’s fees.
364	John Gotts	Clackamas County, Oregon. Testifies in support of SB 910 with some reservation.
TAPE 188, A
046	Chair Minnis	Closes the public hearing on SB 910 and opens a work session.
SB 910 WORK SESSION
051	Vice Chair Burdick	MOTION: Moves SB 910 to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 – Sen. Walker, Sen. Ferrioli
054	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
058	Chair Minnis	Closes the work session on SB 910 and opens a public hearing on SB 908.
SB 908 PUBLIC HEARING
060	Sen. Walker	Explains that SB 908 is another reincarnated bill from HB 2765.
069	John VanLandingham	Attorney, Lane County. Submits testimony and testifies in support of SB 908 that modifies provisions relating to security deposit or prepaid rent on space for tenant owned manufactured dwelling or floating home (EXHIBIT A).
209	Pat Schwock	Manufactured Housing Communities of Oregon. Testifies in support of SB 908.
214	Chuck Carpenter	Director, Manufactured Housing Communities of Oregon. Testifies in support of SB 908.
226	Chair Minnis	Asks if the Attorney General’s office anticipates this function in their budget.
221	Pete Shepherd	Deputy Attorney General. Says their office does not have a specific budget item for this, but it would fall under Unlawful Trade Practices.
The following prepared testimony is submitted for the record without public testimony for SB 908 Written testimony submitted by Jack Kenny (EXHIBIT B)
267		Closes the public hearing on SB 908 and opens a work session.
SB 908 WORK SESSION
269	Vice Chair Burdick	MOTION: Moves SB 908 to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 – Sen. Ferrioli, Sen. Ringo
280	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
298	Chair Minnis	Closes the work session on SB 908 and opens a work session on HB 2094A.
HB 2094A WORK SESSION
302	Craig Prins	Committee Counsel. Introduces HB 2094A that requires tobacco product manufacturers to report certain information to Attorney General. Explains that the –A5, -A9 and –A10 amendments have already been passed (EXHIBITS C-E).
341	Vice Chair Burdick	MOTION: Moves HB 2094A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ferrioli, Sen. Ringo
353	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
358	Chair Minnis	Closes the work session on HB 2094A and adjourns the meeting at 10:00 a.m.

EXHIBIT SUMMARY

A – SB 908, written testimony submitted by John VanLandingham, 3 pp

B – SB 908, written testimony submitted by Jack Kenny, 1 p

C – HB 2094A, -A5 amendments submitted by staff, 6 pp

D – HB 2094A, -A9 amendments submitted by staff, 2 pp

E – HB 2094A, -A10 amendments submitted by staff, 1 p