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