HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

March 31, 2005   Hearing Room B

8:30 A.M. Tapes  34  - 35

 

MEMBERS PRESENT:            Rep. Vickie Berger, Chair

Rep. Peter Buckley, Vice-Chair

Rep. Mac Sumner Vice-Chair

Rep. Kevin Cameron

Rep. Sal Esquivel

Rep. Larry Galizio

 

MEMBER EXCUSED:            Rep. Brad Witt

 

STAFF PRESENT:                  Caralyn Fischer, Committee Administrator

Jania Zeeb, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2094 – Public Hearing and Work Session

                                                HB 2157 – Public Hearing

                                                HB 2059 – Public Hearing

                                                HB 2061 – Public Hearing

                                                HB 2102 – 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 34, A

003

Chair Berger

Calls the meeting to order at 8:35 a.m. and opens a public hearing on HB 2094.

HB 2094 – PUBLIC HEARING

013

Cara Fischer

Committee Administrator.  Summarizes HB 2094.

017

Patrick Allen

Manager, Office of Regulatory Streamlining.  Submits prepared testimony regarding HB 2094 (EXHIBIT A).  Summarizes the -2 amendments (EXHIBIT F).

057

Rep. Cameron

Inquires if liquor licenses will not be able to extend past an annual renewal basis because all liquor licenses have an opportunity for public comment.

061

Allen

Responds that they would still be eligible for the extended term license.

070

Chair Berger

Closes the public hearing on HB 2094 and opens a work session on HB 2094.

HB 2094 – WORK SESSION

073

Rep. Sumner

MOTION:  Moves to ADOPT HB  2094-2 amendments dated 3/21/05.

075

 

VOTE:  6-0-1

EXCUSED:  1 - Witt

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

075

Rep. Sumner

MOTION:  Moves HB  2094 to the floor with a DO PASS AS AMENDED recommendation.

078

 

VOTE:  6-0-1

EXCUSED:  1 - Witt

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

REP. SUMNER will lead discussion on the floor.

084

Chair Berger

Closes the work session on HB 2094 and opens a public hearing on HB 2157, HB 2059, HB 2061, HB 2102. 

HB 2157, HB 2059, HB 2061, HB 2102 – PUBLIC HEARING

098

Cara Fischer

Committee Administrator.  Summarizes the bills.  Discusses the -1 amendments to HB 2157 (EXHIBIT B).

124

Patricia Whitfield

Oregon State Police.  Gives an overview of HB 2157.

164

Whitfield

Reviews the -1 amendments for HB 2157.

194

Whitfield

Discusses the concerns the FBI has with HB 2157.

206

Whitfield

Continues reviewing the -1 amendments.

280

Whitfield

Continues walking through the -1 amendments (EXHIBIT B, Page 15).

355

Whitfield

Continues discussing the -1 amendments (EXHIBIT B, Page 17).

426

Whitfield

Comments that the -1 amendments reflect conversations with the agencies and conversations with the FBI.

TAPE 35, A

016

Andrea Meyer

American Civil Liberties Union of Oregon (ACLU).  States that they do not oppose bringing it all under one statute to make requirements clear to people.  Discusses the concerns that the ACLU has.  Comments on the intentions of the State Police.  

030

Whitfield

Responds by clarifying the intentions of the State Police.

039

Meyer

Comments on the concern the ACLU has with HB 2157. 

061

Meyer

Discusses the -1 amendments (EXHIBIT B, Page 2).

069

Chair Berger

Inquires if the statute says destroy, are they proposing there be a check to see if the FBI did destroy the fingerprints, and how would that be done.

074

Meyer

Responds that she is not suggesting that, and clarifies what should be destroyed.

087

Meyer

Continues discussing concerns (EXHIBIT B, Page 3)

112

Meyer

Refers them to ORS 670.280.

121

Rep. Galizio

Asks what statute she is referring to.

123

Meyer

Gives the number, and continues discussing concerns. 

147

Meyer

Discusses concerns (EXHIBIT B, Page 17).

156

Meyer

Talks about concerns with the -1 amendments (EXHIBIT B, Page 29).

177

Rep. Buckley

Inquires if they would be more comfortable to have it broken apart again to determine the nexus between the background check and the job performance.

187

Meyer

Responds that it does not need to be broken apart, but it is important to pay attention to the scope of who is covered. 

204

Rep. Buckley

Gives an example, and asks if that is what is meant by nexus. 

215

Meyer

Comments on what is meant by nexus. 

252

Rep. Galizio

Inquires if she has looked at the appeals process.

256

Meyer

Responds that she has not had time to look at that.

268

Chair Berger

Comments that Rep. Buckley’s point is well taken, and comments on what she has thought about the issue.

279

Meyer

Comments that she hopes they will take the case of each entity one by one.

299

Kathleen Haley

Executive Director, Board of Medical Examiners.  Submits and presents prepared testimony in support of HB 2059 (EXHIBIT C)

360

Dave McTeague

Executive Director, Oregon Board of Chiropractic Examiners.  Submits and presents prepared testimony in support of HB 2061 and HB 2157 (EXHIBIT D)

422

Rep. Galizio

Inquires if they have data on the percentage of people in their professions who have been disciplined by their boards who, prior to becoming licensed, have been convinced of a felony.

TAPE 34, B

011

Haley

Responds that they do not have the ability to get that information.

014

Rep. Galizio

Asks if there is specific criteria that is employed in making the decision of who should be licensed.

020

Haley

Answers that there is and explains the criteria.

026

McTeague

Responds that they are also under the nexus statute and the board reviews the information. 

032

Rep. Esquivel

Gives an example of realtors being fingerprinted to get a license. Comments that there is discretion and it is being applied.

057

Rolf Olson

Oregon State Board of Nursing.  Submits prepared testimony regarding HB 2102 (EXHIBIT E).

074

Rep. Buckley

Inquires if there are any other states that could be used as a model for us to look at in terms of how they handle the background checks.

078

Olson

Responds that he does not have that information.

085

Amanda Rich

Special Districts Association of Oregon.  Comments on the importance of including special districts with still having the support of the FBI. 

101

Chair Berger

Comments on the opportunity to do something about this.  Obligation to protect the public and protect individuals from a heavy hand of government.  States that she wants to appoint a work group and lists people invited to participate in the work group.  Comments on the need for speed.

157

Chair Berger

Closes the public hearing and adjourns the meeting at 9:45 a.m.

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2094, prepared testimony, Patrick Allen, 2 pp
  2. HB 2157, -1 amendments, staff, 37 pp
  3. HB 2157 and HB 2059, prepared testimony, Kathleen Haley, 3 pp
  4. HB 2157 and HB 2061, prepared testimony, Dave McTeague, 1 p
  5. HB 2102, prepared testimony, Rolf Olson, 2 pp
  6. HB 2094, -2 amendments, staff, 2 pp