SENATE COMMITTEE ON JUDICIARY
April 21, 2005 Hearing Room 343
1:00 P.M. Tapes 116 - 118
Corrected 10/26/05
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Charlie Ringo
Sen. Vicki Walker
Sen. Doug Whitsett
STAFF PRESENT: William E. Taylor, Counsel
Joe O'Leary, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 956 – Public Hearing and Work Session
SB 295 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 116, A |
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|
003 |
Chair Burdick |
Calls the meeting to order at 1:11 p.m. and opens a public hearing on SB 956. |
|
SB 956 – PUBLIC HEARING |
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|
007 |
Joe O’Leary |
Counsel. Describes SB 956 relating to allowing school district boards to prohibit persons with concealed handgun licenses from carrying firearms in certain public buildings. |
|
024 |
Mark Chism |
School Board Member, Tigard-Tualatin school district. Submits testimony and testifies in support of SB 956 (EXHIBIT A). |
|
064 |
Chism |
Talks about discussing the issue of guns on school grounds with parents, faculty, and many other individuals: almost exclusively they agree that guns should be kept off school grounds at all times. |
|
077 |
Sen. Whitsett |
Brings up the issue of this bill changing the whole face of gun control statutes. |
|
080 |
Chism |
Replies that he understands this outcome. |
|
083 |
Sen. Starr |
Discusses a story concerning a teacher having a concealed handgun permit, and who carried a weapon to protect herself from an abusive ex-husband. States that this is not an answer to a problem, merely an answer looking for a problem. |
|
118 |
Jim Green |
Oregon School Board Association. Submits testimony on the issue of gun control (EXHIBIT B). |
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165 |
Green |
Acknowledges the fact that small communities will not actively ban guns on the campuses. |
|
180 |
Green |
Stresses that the different school boards will decide to adopt this statute; it is not mandatory. |
|
185 |
Sen. Whitsett |
Asks about an amendment to the bill. |
|
186 |
Chair Burdick |
States that this bill had been redrafted previously. |
|
200 |
Sen. Bill Morrisette |
Senate District 6. Testifies in support of SB 956, and believes that the issue is of school safety, not gun ownership rights. |
|
216 |
Sen. Walker |
Inquires if the Springfield School district officers refuse to carry weapons on the campus. |
|
221 |
Sen. Morrisette |
Replies that those police officers are there to have a presence and to create trust between law enforcement and students. |
|
239 |
Sen. Walker |
Asks if these are uniformed officers. |
|
240 |
Sen. Morrisette |
Responds yes. |
|
248 |
Ron Harder |
Oregon Consultant, National Rifle Association. Submits testimony and testifies in opposition to SB 965 (EXHIBIT C). |
|
285 |
Harder |
Brings up the issue that gun-free zones are open invitations for madmen and law-breaking people who will fear no response by using firearms in these areas. |
|
328 |
Kevin Starrett |
Oregon Firearms Federation. Submits a testimony packet in opposition to SB 956 (EXHIBIT D). |
|
340 |
Harder |
Talks about the example of Columbine High School where police officers waited outside during the crisis while the students inside were being killed. |
|
412 |
Tom Smith |
Submits testimony and testifies in support of SB 956 (EXHIBIT E). Talks about school events where concealed weapons became un-concealed. |
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432 |
Sen. Ringo |
Asks about those incidents. |
|
434 |
Smith |
Replies with information on a confrontation between parents and faculty where a concealed handgun was shown. |
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TAPE 117, A |
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031 |
Robert Wagner |
American Federation of Teachers of Oregon. Testifies in support of SB 956. |
|
037 |
Randy Cafis |
Public Safety and Security Director, Beaverton School District. Testifies in support of SB 956. Wonders where those who are concealing weapons keep said handguns. |
|
080 |
Cafis |
States that students are extremely smart and inquisitive and will be able to find any “concealed” weapons. |
|
103 |
Chair Burdick |
Asks about the training required for officers to carry handguns on school grounds. Inquires if he knows the amount of training required to acquire a concealed handgun permit. |
|
108 |
Cafis |
Replies that they complete training at least four times a year. Answers that he is not sure about the amount of training required for a concealed handgun permit. |
|
138 |
Donald J. Jacobe |
Firearms and Self Defense Instructor. Training authority on concealed weapon permits. Submits a fact or faction sheet on the issue of concealed handguns on schools and testifies in opposition to SB 956 (EXHIBIT F). |
|
175 |
Doug Berry |
Paralegal, former legislative Aide. Testifies in opposition to SB 956. |
|
200 |
Berry |
Talks about how, in a recent competition, local gun club members scored higher in gun competitions than police officers. |
|
226 |
Chair Burdick |
Asks if he would support increased measures for training requirements. |
|
234 |
Berry |
Replies that he is comfortable with the level of training required at this point. |
|
254 |
Justin Martin |
Submits written testimony from Portland Police Chief Derrick Foxworth and testifies in support of SB 956 (EXHIBIT G). |
|
265 |
Jollee Patterson |
General Counsel, Portland Public School District. Submits testimony and testifies in support of SB 956 (EXHIBIT H). |
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303 |
Chair Burdick |
Addresses the legal options regarding forcing an individual who carries a weapon off the grounds of a school. |
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330 |
Sen. Whitsett |
Brings up the issue that the Portland Public School District is employing policies that prevent people from legally bringing weapons onto school grounds. |
|
356 |
Wendy Coombs |
Submits testimony and testifies in opposition to SB 956 (EXHIBIT I). |
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375 |
Coombs |
Continues reading testimony in opposition to SB 956 (Exhibit I). |
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410 |
Coombs |
Continues reading testimony in opposition to SB 956 (Exhibit I). |
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TAPE 116, B |
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020 |
Coombs |
Continues reading testimony in opposition to SB 956 (Exhibit I). |
|
032 |
Jerod Broadfoot |
Oregon Gun Owners Association. Testifies in opposition to SB 956. Stresses that this bill is nothing more than an attempt to demonize guns and gun owners. Talks about several technical problems with the bill. |
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072 |
Broadfoot |
Summarizes that this is a philosophical debate, not an issue of school safety. |
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088 |
Sen. Whitsett |
Reads the state pre-emption law relating to the regulation of gun ownership and possession, and asks the witness his opinion on what this bill would do to current pre-emption law. Addresses the issue of the Portland School Board employing their own policies on restricting gun possession on their property. |
|
097 |
Broadfoot |
Replies that the current bill would completely gut the pre-emption law. Agrees that the Portland School Board is in direct violation of state law and legal action should be taken. |
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112 |
Chuck Bennett |
Confederation of Oregon School Administrators. Testifies in support of SB 956. Addresses several of the points of contention with the current bill. |
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165 |
Bennett |
Discusses the individuals who are eligible to carry concealed weapons on school campuses. |
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190 |
Sen. Whitsett |
Asks if they support the repeal of the pre-emption law. |
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193 |
Bennett |
Stresses that they support an amendment to the law, not a repeal. |
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197 |
Sen. Whitsett |
Inquires how this is not considered a ‘repeal,’ when the whole statute is turned on its head. |
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206 |
Bennett |
Responds with information on his stance on the issue. |
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214 |
George Russell |
Superintendent, Eugene School District. Submits testimony and testifies in support of SB 956 (EXHIBIT J). |
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265 |
Russell |
Addresses an issue raised by Sen. Morrisette where he had stated that the Eugene school officers did not use handguns; they actually do wear those weapons. |
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292 |
Sen. Beyer |
Inquires about the testimony discussing “puzzling” current school board policies on gun control issues. |
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298 |
Russell |
Talks about the current school board interpretation of law, as well as their policy decisions thereof, relating to the issue of weapons on campuses. |
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315 |
Sen. Beyer |
Asks if the policies adopted by the school board that is, in language, contrary to the current pre-emption law. |
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328 |
Russell |
Believes that the policy choices were valid. Stresses that his board feels very strongly that no guns should be on campus. |
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367 |
Lloyd Moorer |
Douglas County, 35 year concealed weapon permit holder. Testifies in opposition to SB 956. |
|
380 |
Tom Hatfield |
Roseburg, Oregon. Testifies in opposition to SB 956. Details four sightings in the last year where cougars were seen at the local elementary school. States that local law enforcement have refused to deal with the issue because it was outside their jurisdiction. |
|
416 |
Chair Burdick |
Raises the issue that the local school board has the option of not adopting this bill. |
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438 |
Sen. Ringo |
Commends the witnesses for coming from Douglas county. Addresses the issue of different counties having different stances on these numerous issues. |
|
460 |
Hatfield |
Agrees that different counties have different priorities. |
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TAPE 117, B |
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029 |
Laurie Wimmer Whelan |
Oregon Education Association. Testifies in support of SB 956. Talks about the crime of opportunity and unintended tragedies that may result from a child finding a concealed weapon. |
|
071 |
Tricia Smith |
Oregon School Employees Association. Submits testimony and testifies in support of SB 956 (EXHIBIT K). |
|
097 |
Martin Taylor |
Oregon Nurses Association. Testifies in support of SB 956. Recognizes that there are times where personal rights must bow before safety. Acknowledges the fact that there are areas which would be safer without handguns. |
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148 |
Bob Avery |
Staff, Sen. Bruce Hanna. Testifies in opposition to SB 956. Reads section 27 of the Oregon Constitution that deals with the right to bear arms. States the different propositions facing him as a concealed handgun permit holder if this bill passes. |
|
195 |
Avery |
Talks about his role as a grandparent picking his grandchildren up in an emergency: being forced to know which school district at whatever time supports the bill. |
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213 |
Greg Bowman |
Washington County. Discusses an analogy with drug prevention methods being employed where increased regulations would be employed on those who have prescription drugs: this law targets the good guys as opposed to the individuals who will break the law no matter what. |
|
250 |
George Pitts |
Tri-County Gun Club. Stresses that this is a non-problem and not an issue of school safety: brings up the issue that if this was a safety issue, we’d be focusing on having seat-belts on buses. Testifies in opposition to SB 956. |
|
304 |
Chair Burdick |
Accepts written testimony from Marge Easley and Jim Wilson (EXHIBITS L & O). Closes the public hearing on SB 956 and opens a work session on SB 956. |
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SB 956 – WORK SESSION |
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|
312 |
Sen. Ringo |
MOTION: Moves SB 956 to the floor with a DO PASS recommendation. |
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315 |
Sen. Whitsett |
Asks the effects of the passage of SB 256 on the pre emption act. |
|
320 |
Joe O’Leary |
Counsel. Describes a letter from legislative counsel that addresses this issue. |
|
345 |
Sen. Walker |
Offers her appreciation for the bill and the testimony. |
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322 |
Chair Burdick |
VOTE: 2-5-0 AYE: 2 - Ringo, Walker NAY: 5 - Beyer, Prozanski, Starr C., Whitsett, Burdick |
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|
Chair Burdick |
The motion FAILS. |
|
362 |
Chair Burdick |
Notes that the Chair had changed her vote to NO for possible reconsideration. |
|
364 |
Chair Burdick |
Closes the work session on SB 956 and opens a public hearing on SB 295. |
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SB 295 – PUBLIC HEARING |
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|
367 |
William E. Taylor |
Counsel. Describes SB 295 relating to modifying the distribution of fines collected in traffic offense cases. Introduces the -2 amendment (EXHIBIT M). Accepts an Oregonian news story on Coburg’s speed traps from Sen. Prozanski (EXHIBIT P). |
|
395 |
Daniel Swift |
Oregon State Police Officers’ Association. Submits testimony and testifies in support of SB 295 (EXHIBIT N). |
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TAPE 118, A |
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014 |
Sen. Bill Morrisette |
Senate District 6. Testifies in support of the city of Coburg and their traffic officers. |
|
031 |
Sen. Prozanski |
Inquires about the section of freeway that has been annexed into the area under Coburg’s authority and retaining violators of traffic law outside of this area to their own courts. |
|
043 |
Sen. Morrisette |
Replies that he is supportive of the police department, and believes that those who break the law deserve their ticket. |
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056 |
Sen. Prozanski |
Brings up the issue of Coburg possibly violating the cities’ zone of jurisdiction under this bill. |
|
072 |
Sen. Morrisette |
Responds that if the police are violating state law, then that should be corrected. Talks about the jurisdiction of existing counties and cities. |
|
087 |
Sen. Beyer |
Inquires about the -2 amendment which do not prohibit the city of Coburg from enforcing the limit within the freeway corridor. |
|
095 |
Sen. Morrisette |
Replies with information on his stance concerning the jurisdiction of the police officers on that stretch of highway. Stresses his support of the city of Coburg to issue citations along the corridor of I-5. |
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103 |
Sen. Walker |
Commends Mr. Swift on his testimony. |
|
111 |
Swift |
Talks about the police officers’ need for the support and respect of the community. |
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132 |
Judy Volta |
Mayor of Coburg. Testifies in opposition to SB 295. States that it is not their idea to supplement the city income with fines from violations. |
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157 |
Volta |
Discusses the previous administrator’s problems with financial responsibilities and how this current administration’s actions taken to relieve that distress. |
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199 |
Chief John Bosley |
Chief of Police, Coburg. Testifies in opposition to SB 295. Discusses the top priorities of the Coburg police department. Stresses that there is more to Coburg than just traffic offenses. |
|
255 |
Jamon Kent |
Acting City Administrator. Testifies in opposition to SB 295. States that Coburg will begin living within its means. |
|
307 |
Sen. Prozanski |
Asks about Coburg police officers citing individuals on the I-5 corridor, outside of their jurisdiction, and sending them into the Municipal court in Coburg. |
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345 |
Kent |
Cites statistics on 2004, starting in February, and how Coburg has sent the majority of the violations to Lane County’s central court. |
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353 |
Sen. Prozanski |
Inquires about Coburg making changes that would allow the city to live within its means after the bill would take effect in June. |
|
358 |
Kent |
States that they will balance the budget around June. |
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378 |
Sen. Prozanski |
Wonders about the percentage of revenue from the I-5 corridor violations that end up in the budget. |
|
382 |
Volta |
Stresses that they have been working to alleviate the dependence on this source of income. |
|
400 |
Sen. Prozanski |
Asks for the boundaries of their jurisdiction on the I-5 corridor, and if their officers are setting up radar stations beyond that corridor. |
|
417 |
Bosley |
States that he would need proof of this, because he has adamantly addresses this issue with his officers. |
|
447 |
Sen. Prozanski |
Inquires if the officers know that they cannot setup inside the annex area and shoot the radar outside the area. |
|
452 |
Bosley |
Responds yes, they understand this. |
|
454 |
Taylor |
Asks if the purpose of the annexation was due to the need for increased funds from that point. |
|
468 |
Volta |
Replies that the annex was mainly for a new water program. |
|
501 |
Chair Burdick |
Closes the public hearing on SB 295 and moves SB 546 and SB 568 to Monday, April 25, 2005 and adjourns the meeting at 3:30 p.m. |
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EXHIBIT SUMMARY