SENATE COMMITTEE ON RULES

 

 

June 23, 2005                                                                                                         Hearing Room C

3:00 P.M.                                                                                                                 Tapes 121 – 124

Corrected 10/27/05

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

GUEST MEMBER:               Sen. Ben Westlund

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

James Goulding, Committee Assistant

 

MEASURE/ISSUES HEARD:          

                                                HCR 13 – Public Hearing and Work Session                                                                                                HJM 7 – Public Hearing and Work Session

                                                HCR 17 – Public Hearing and Work Session

                                                HJR 25 – Public Hearing  and Work Session

                                                HB 2050A – Public Hearing and Work Session

                                                HB 3090A – Public Hearing

                                                HB 3073A – Public Hearing

                                                SB 1000 – Work Session

                                                HB 3092A – Public Hearing and Work Session

                                                SB 671 – Public Hearing and Work Session

                                                SB 1079 – 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 121, A

003

Chair Brown

Calls the meeting to order at 3:05 p.m. Opens the  public hearing on HCR 13.

HCR 13 – PUBLIC HEARING

008

Rep. Donna Nelson

House District 24. Testifies in favor of HCR 13. Explains the designation of the City of Dayton as a National Historic Resource.

025

Chair Brown

Closes the public hearing on HCR 13. Opens a public hearing on    HJM 7.

HJM 7 – PUBLIC HEARING

032

Rep. Nelson

House District 24. Testifies in favor of HJM 7 on behalf of the City of Carlton. Refers to a letter from Carlton Mayor Kathie Oriet and provides information on a large landslide that impacted the city.

057

Chair Brown

Closes the public hearing on HJM 7 and opens the public hearing on HCR 17.

HCR 17 – PUBLIC HEARING

072

Rep. Nelson

Testifies in favor of HCR 17 honoring Rickard Eymann for his public service.

085

Chair Brown

Closes the public hearing on HCR 17 and opens the public hearing on HJR 25.

HJR 25 – PUBLIC HEARING

088

Rep. Nelson

Offers testimony in favor of HJR 25.  Asks that the bill be amended to allow use of the reserve money.

105

Chair Brown

Closes the public hearing on HJR 25 and opens the public hearing on HB 2050A.

HB 2050A – PUBLIC HEARING

108

Rep. Nelson

Testifies in favor of HB 2050A. Provides and example of a situation involving extreme threats of abuse to a young woman.

137

Chair Brown

Closes the public hearing on HB 2050A.  Opens a public hearing on       HB 3090A.

HB 3090A – PUBLIC HEARING

143

Tiffany Harris

Committee Administrator. Explains the provisions of HB 3090A.

147

Rep. Jerry Krummel

House District 26. Submits an outline of HB 3090A which is  attempting to bring further integrity to the ballot process              (EXHIBIT A)

175

Rep. Kim Thatcher

House District 25. Testifies in favor of HB 3090A discussing the need for more safeguards in the system.

192

Chair Brown

Asks about the provision in Section 9 dealing with the discovery of uncounted ballots after an election has been tallied.

198

Rep. Thatcher

Answers that county clerks can contest their own election results.

205

Sen. Shields

Recalls concern expressed by students visiting from Oregon State University that this measure would consider the boxes they use unofficial.

223

Rep. Thatcher

Informs that the county clerks can set up official drop sites wherever they choose and suggests the students appeal for additional drop sites on campus.

230

Rep. Krummel

Encourages the student government to identify where drop sites could be located and work with the county clerks to set then up.

247

Sen. Shields

Expresses concern that the county clerks may not address this without legislative influence.

257

Rep. Krummel

Responds that he has found county clerks easy to deal with and feels they would be receptive to student and faculty requests for more than one drop box on campus.

275

Sen. Ringo

Asks what is the penalty of a ‘Class C’ felony.

280

Rep. Thatcher

Answers the penalty is five years and $25,000.

289

Sen. Ringo

Comments on the perception that a harsh penalty will deter illegal activity, noting, that those committing the crime often are unaware of the extent of the penalty. Asks how would this affect the gathering of ballots in a neighborhood.

305

Rep. Krummel

Relates a discussion held earlier on this measure.  Explains the intent is to prevent someone from creating a drop site that looks official but is not.

327

Sen. Ringo

Asks if ‘drop site’ is defined in the measure.

330

Rep. Krummel

Replies that it is on page two, Section 6 and reads the definition.

352

Chair Brown

Clarifies that the Secretary of State’s office is concerned only with Section 9.

355

Rep. Thatcher

Explains how the penalty portion of the measure evolved.

373

Chair Brown

Notes the fiscal impact statement does not appear to anticipate numerous prosecutions. 

378

Rep. Krummel

States that the language in Section 9 has been clarified with the county clerks.

 

Correspondence submitted for the record (EXHIBIT B).

401

John Kauffman

Oregon Association of County Clerks. Reviews the provisions of the 24-hour drop boxes and the requirement of training the official observers. Urges support of the bill.

TAPE 122, A

020

Chair Brown

Inquires if the counties have concerns about a potential fiscal impact for training the election observers.

023

Kauffman

Replies no.

027

Chair Brown

Asks about alternative ballot collection events, such as parties.

033

Kauffman

Responds that the primary concern is to discourage illegal activities and get the ballots.

036

John Lindback

Director, Elections Division, Secretary of State’s Office. Discusses the replacement ballot . Explains that Section 9 represents a policy change and is a reaction to the unfortunate events in the King County Washington election.   

075

Lindback

Discusses the current process in Oregon and questions the removal of the county clerk from the election process. Observes the omission of dates in regard to when training is to take place and offers to work with the clerks to establish parameters.

123

Sen. Ringo

Asks where in the bill is the prohibition of unofficial ballot drop sites.  

127

Lindback

Responds that under current law a box is required to have a label stating it is an “unofficial drop site”. This bill removes that language.

134

Sen. Ringo

States the bill does not prohibit unofficial drop sites but place of deposit is not defined.

143

Lindback

Responds that the intent is eliminate unofficial drop boxes.

152

Sen. Ringo

Comments on voting parties and other unofficial deposits for ballots.

158

Lindback

Replies it would be helpful if it was defined further.

171

Chair Brown

Shares her interpretation of the language in lines 27 and 28. Considers it may need additional clarification in statute.

180

Sen. Ringo

States the intent is to get to the unattended boxes.

188

Sen. Ferrioli

Comments that they are trying to define a negative and believes the bill is affirmative about defining the official locations.

202

Chair Brown

Asks what is an official place for ballots.

205

Ted Reutlinger

Legislative Counsel. Explains that the bill is intended to prohibit people from setting up a site to collect ballots. The bill further explains that the county clerks determine where the sites are.

219

Chair Brown

Considers further clarifying lines 27 and 28 using the term “public”.

222

Reutlinger

Responds it may narrow the scope, but would also open up interpretation on what is considered public or private.

234

Sen. Ferrioli

Comments that the solicitation of ballots to unapproved sites should be prohibited.

246

Sen. Atkinson

Asks if the Secretary of State’s office worked with the proponents on Section 9.

251

Lindback

Replies they felt that the issue was fixed on the House side but upon further review it needs more work.

257

Sen. Ringo

Asks could the Lion’s Club have a box for dropping off ballots over a period of a few weeks.

261

Lindback

Replies not under this bill.

263

Sen. Ringo

Asks could they have a meeting and collect the ballots and take them to an approved site.

268

Lindback

Responds this is a gray area in the measure. Notes that the ballots would need to free of tampering concerns.

276

Sen. Ringo

Notes the difference in the two situations is the supervision of ballots.

283

Lindback

Responds that is where he is drawing the line on the bill.

285

Chair Brown

Asks how would the Lion’s Club, a church or the YMCA be distinguished.

290

Lindback

Responds it an event versus just a box.

300

Sen. Ringo

Asks Mr. Reutlinger if he is in agreement with Mr. Lindback’s interpretation.

301

Reutlinger

Believes the grey area is in offering to do someone a favor and establishing a place of deposit. Believes that if the intent is to gather ballots from a number of people to be delivered to the clerk that would be a place of deposit prohibited by this bill.

327

Sen. Ringo

Asks what is the penalty for a Class C felony.

328

Reutlinger

Answers five years and a lot of money.

341

Alan Mishler

Board Member, Oregon Student Association (OSA). Submits and reads prepared  testimony in opposition to HB 3090A (EXHIBIT C)

401

Chair Brown

Asks how many registered voters were on campus during the last election cycle.

410

Mishler

Replies he does not know the exact amount but believes it was in the thousands.

TAPE 121, B

010

Mishler

Continues to read written testimony stating this bill would limit the opportunity for students to vote on campus.

017

Joe Schaeffer

Service Employees International Union (SEIU) Local 503. Testifies in opposition to the measure. Expresses concern about the effect this would have on the participation of student voters .

056

Chair Brown

Encourages the proponents to come forward with additional examples of what this measure would address.

066

Sen. Ringo

Asks that interested parties contact his staff as soon as possible.

074

Chair Brown

Closes public hearing on HB 3090A.  Opens a public hearing on         HB 3073A.

HB 3073A – PUBLIC HEARING

075

Tiffany Harris

Committee Administrator.  Explains the provisions of HB 3073A.

080

Rep. Billy Dalto

House District 21. Explains the reason for the bill is to allow psychiatric workers to defend themselves without being subjected to an abuse charge. Urges support of the bill.

105

Mary Botkin

American Federation of State, County, and Municipal Employees (AFSCME).  States that direct care staff, doctors and nurses face random attacks by clients daily. Reiterates that this bill specifies that reasonable self defense is not abuse.

140

Botkin

Discusses the safeguards included in the measure.

145

Chair Brown

Comments on a letter from Representative Barnhart dated June 17, 2005 noting a technical error within the measure.

150

Botkin

Notes there is concern for protection when helping a colleague.

165

Chair Brown

Closes the public hearing on HB 3073A and opens the public hearing on HB 2050A.

HB 2050A – PUBLIC HEARING

168

Sen. Ringo

Explains the provisions of HB 2050A. States the reason for the bill is to provide that a sex offender cannot move within less than three miles of their victim. Notes that the  –A6 amendments address the issue of the victim moving within three miles of the offender (EXHIBIT D).

211

Sen. Ringo

Discusses halfway house provisions.

225

Pat Shreiner

Commander, Marion County Sheriff’s Office Parole and Probation Division. Suggests modifying the language to indicate that community corrections must work with victims in implementing the supervision plan. Adds its not just where the victim lives but also where they work or shop.

270

Shreiner

Refers to Section 2, line 40 and explains that offenders minimize the harm done.

297

Sen. Shields

Clarifies that if a victim is convinced to change their position, the offender could demonstrate to the court that no mental intimidation or pressure occurred during the crime.

328

Shreiner

Affirmative.

307

Sen. Ringo

Observes the problems of balancing the measure so it is neither too strict nor too loose. Feels the measure strikes a good balance.

335

Ronelle Shankle

Legislative Liaison to Attorney General, Department of Justice.  Testifies on behalf of the Attorney General’s Sexual Assault Task Force in support of HB 2050A.

360

Michael Selvaggio

Staff, Office of Senator Charlie Ringo. Address Marion County’s concern.  Reviews the provisions of the –A6 amendments.       

TAPE 122, B

033

Chair Brown

Closes public hearing on 2050A.  Opens a work session on SB 1000.

SB 1000 – WORK SESSION

045

Chair Brown

Requests legislative counsel review the -2 amendments          (EXHIBIT E).

048

Doug McKean

Deputy Legislative Counsel. Begins a detailed review of the amendments starting with the first three lines of page one where six sections have been deleted from the introduced version of SB 1000.

095

McKean

Details the deletions in lines 34 – 35, page two and lines 1 – 13, page three. Discusses the Mrs. Murphy exception.

113

Chair Brown

Clarifies that if Mrs. Murphy does not want to rent her cottage to a lesbian, or a woman, or a man she does not have too. Asks about familial status.

114

McKean

Responds affirmatively. Defines “familial status”.

119

Sen. Ferrioli

Notes the “Mrs. Murphy” provisions are currently in statute.

125

McKean

Confirms and adds that sexual orientation has been added. Continues with page eight of the bill.

137

Chair Brown

Asks if this would prohibit the commission from recommending that homosexuality be taught in the classroom.

145

McKean

Responds that agencies and councils that advise the commission cannot advise or recommend certain education regarding sexual orientation.

156

Sen. Ferrioli

Asks how this dovetails with legislation pending on cultural competency.

158

McKean

Answers he does not know.

151

McKean

Proceeds with describing the effects of the amendments on page fourteen of the bill.

178

Chair Brown

Clarifies that the statute remains but the addition of sexual orientation is no longer added in the bill.

161

McKean

Answers affirmatively that section of law is not amended by the bill. Continues with the review of pages 16 through 18.

219

McKean

Continues to review pages 19 and 20.

253

McKean

Continues to review the amendments on page 23.

266

McKean

Discusses Sections 40 through 46 regarding the effective date of the act changed to read the operative date of the amendments. Section 46 (a), page three, line 21 of the amendments show that everything in the bill that does not involve civil unions becomes operative on July 1, 2006.

295

McKean

Refers to pages three and four of the amendments regarding solemnizing marriage or civil union.

300

Chair Brown

Confirms that in current law a religious official is not required to officiate a marriage that is deemed inappropriate.

307

McKean

Replies yes and provides an example. Continues with a review of page 29 of the bill.

332

Sen. Ferrioli

Remarks that the overall character of the -2 amendments is to remove a number of requirements that were previously in SB 1000.

315

Chair Brown

Responds that the amendments are a narrowing to address concerns raised in the public hearings.

342

McKean

Continues to review page 29 of the bill and page four of the amendments regarding the child of a partner in a civil union.

365

Chair Brown

Recesses the work session on SB 1000 until 6:00 p.m. Announces that SB 660 will be held over until tomorrow. Opens a public hearing on HJR 25.

HJR 25 – PUBLIC HEARING

404

Brian Delashmutt

Community Providers Association of Oregon. Testifies in favor            HJR 25.

411

Chair Brown

Closes the public hearing on HJR 25 and opens the work session on HCR 13.

HCR 13 – WORK SESSION

423

Sen. Brown

MOTION:  Moves HCR 13 be sent to the floor with a BE ADOPTED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

420

Chair Brown

Closes the work session on HCR 13 and opens the work session on HCR 17.

HCR 17 – WORK SESSION

424

Sen. Brown

MOTION:  Moves HCR 17 be sent to the floor with a BE ADOPTED recommendation.

425

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

428

Chair Brown

Closes the work session on HCR 17 and opens the work session on HJM 7.

HJM 7 – WORK SESSION

430

Sen. Brown

MOTION:  Moves HJM  7 be sent to the floor with a BE ADOPTED recommendation.

433

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

437

Chair Brown

Closes the work session on HJM 7 and opens the work session on         HJR 25.

HJM 25 – WORK SESSION

437

Sen. Brown

MOTION:  Moves HJR 25 be sent to the floor with a BE ADOPTED recommendation.

438

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

442

Chair Brown

Closes the work session on HJM 25 and opens the work session on      HB 2050.

HB 2050 – WORK SESSION

454

Sen. Ringo

MOTION:  Moves to ADOPT HB 2050A-A6 amendments dated 6/22/05.*(see tape log dated 6/28 for reconsideration)

457

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

460

Sen. Ringo

MOTION:  Moves HB 2050 to the floor with a DO PASS AS AMENDED recommendation.

463

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

476

Chair Brown

Closes the work session on HB 2050 and opens the public hearing on HB 3092A.

TAPE 123, A

HB 3092A – PUBLIC HEARING

024

Tiffany Harris

Committee Administrator. Explains the provisions of HB 3092A. States there are –A5 amendments (EXHIBIT F).

032

J.L. Wilson

Plumbing, Heating, Cooling Contractors of Oregon (PHCC). States this bill was introduced because PHCC is frustrated with the plumbing plan review process. Explains that the –A5 amendments authorize the Department of Consumer and Business Services (DCBS) to initiate the rule that has been agreed to.

046

Chair Brown

Asks if Pac/West is okay with the bill.

048

Wilson

Answers affirmatively noting others that are in support.

052

Sen. Atkinson

States that every municipality in his district has urged non-support of the bill.

052

Wilson

Speculates that it is the un-amended version they are alluding to.

058

David Barenberg

League of Oregon Cities. States there was substantial opposition to earlier versions of the bill. There have been no objections noted to the  amendment.

065

Mark Long

Administrator, Building Codes Division.

074

Sen. Atkinson

Requests confirmation that there is no opposition to the bill.

075

Long

Responds affirmatively. Responds that there was opposition prior to the amendments.

080

Barenberg

Offers to talk with any of the communities that may have concerns.

083

Chair Brown

Closes the public hearing on HB 3092A and opens the work session on HB 3092A.

HB 3092A – WORK SESSION

086

Sen. Brown

MOTION:  Moves to ADOPT HB 3092A-A5 amendments dated 6/20/05.

087

 

VOTE:  4-0-1

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

EXCUSED:     1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

090

Sen. Brown

MOTION:  Moves HB 3092A to the floor with a DO PASS AS AMENDED recommendation.

098

 

VOTE:  4-0-1

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

EXCUSED:     1 - Ringo

 

Chair Brown

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

100

Chair Brown

Closes the work session on HB 3092A and opens the public hearing on SB 671.

SB 671 – PUBLIC HEARING

101

Tiffany Harris

Explains the provisions of SB 671. States there are -8 and -12 amendments intended to be adopted together (EXHIBIT G).

105

Dave Barrows

Oregon Mutual Utility Development Corporation. Submits an outline of the Mutual Utility plan package (EXHIBIT H). Replies that the -8 amendments have had multiple hearings in the Senate Business and Economic Development committee. States that the -8 amendments replace the original SB 671. Explains the concept behind the language in the amendments.

140

Barrows

Discusses irrevocable and non-irrevocable tariffs. 

190

Barrows

States the bill allows the PUC to do a irrevocable tariff and gives them the comfort to manage the utility. Believes that all options should be on the table to “stop the train” and not do stock distribution.

225

Julie Brandis

Associated Oregon Industries (AOI). States that all customer groups are opposed to this bill. Notes the six reasons AOI is opposed to the bill: 1) lack of noticeable input from consumer/customer groups 2) the structure provided by SB 1008 3)increase of rates resulting from potential bidding wars on the purchase price of PGE 4) does not prohibit the recovery of good will 5) evaluation of prudent costs 6) governance and rate making structure.

308

Marc Nelson

Industrial Customers of Northwest Utilities. Concurs with the points made by Ms. Brandis. States that the PUC does not have a structure to regulate a customer owned utility. Expresses the regulatory authority of the PUC.

340

Nelson

Emphasizes that the financing method of the utility will be put on the customer and the proposal is opposed by all customer groups. Comments on SB 1008 and states neutrality.

385

Sen. Atkinson

Asks what kind of governance structure would be needed.

387

Nelson

Replies a co-op with an elected board.

398

Sen. Atkinson

Asks why Industrial Customers of Northwest Utilities prefers a municipality owning PGE.

407

Nelson

Answers there is not a public versus private preference.

TAPE 124, A

010

Sen. Atkinson

Asks if a co-op was written in, what would make the industrial customers more comfortable.

022

Nelson

Replies an elected board governing the rate structure .

028

Sen. Atkinson

Asks does Mr. Nelson believe that PGE, under the mutual proposal, would be unregulated by the PUC.

032

Nelson

Answers that the bill is silent, the possibility is the concern.

043

Brandis

Points out the PUC balances shareholder interest against captive ratepayers interest.  Mentions the PUC findings in the Texas Pacific Group (TPG) acquisition attempt.

063

Chair Brown

Closes public hearing on SB 671.  Opens a public hearing on SB 1079.

SB 1079 – PUBLIC HEARING

070

Ted Hughes

Representing J.C. Reeves Construction Company. States that SB 1079 addresses a single piece of property in West Salem that is owned by Mr. Reeves.

105

J.C. Reeves

Provides a brief history on how the property ended up being inside the city limits but outside the Urban Growth Boundary (UGB).

120

Chair Brown

Asks how long he has owned the property.

121

Reeves

Answers eight years. Explains why he wants to do this.

130

Sen. Shields

Clarifies Mr. Reeves’ prior statement on the history.

136

Reeves

Reiterates that the property was taken out of the UGB leaving it in the city outside of the UGB.

140

Chair Brown

States that  Governor Kulongoski has expressed concern about moving forward on the bill.

157

Hughes

Replies that they will follow up on those concerns.

161

Stephen Kafoury

Oregon Chapter, American Planning Association. Notes a process is already in place for resolving cases of this nature. Expresses that it should not be the responsibility of the legislature to spot zone.

179

Bob Rindy

Department of Land Conservation and Development (DLCD). States they are not opposing the bill but have concerns about the legislature usurping the local process. Presents written testimony on behalf of Director Shetterly (EXHIBIT I).

195

Elon Hasson

1000 Friends of Oregon. Submits prepared testimony from Mary Kyle McCurdy (EXHIBIT J). Notes that the letter sent to Senator Deckert was intended to find out who was interested in the legislation. Concurs with Mr. Kafoury that the legislature should not be involved in spot zoning.

205

Kafoury

Adds that he talked with the City of Salem planning staff who have no position at this time.

227

Chair Brown

Closes the public hearing on SB 1079 and opens the work session on SB 671.

SB 671 – WORK SESSION

234

Sen. Ferrioli

MOTION:  Moves to ADOPT SB 671-8 amendments dated 5/19/05.

241

 

VOTE:  4-0-1

EXCUSED: Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

243

Sen. Ferrioli

MOTION:  Moves to ADOPT SB 671-12 amendments dated 6/22/05.

244

 

VOTE:  4-0-1

EXCUSED: Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

247

Sen. Ferrioli

MOTION:  Moves SB 671 to the floor with a DO PASS AS AMENDED recommendation.

251

 

VOTE:  4-0-1

EXCUSED: Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

236

Chair Brown

Recesses the committee at 5:40 p.m..

RECESS

238

Chair Brown

Calls the committee back to order at 6:10 p.m.  Opens the work session on SB 1000.

SB 1000 – WORK SESSION

248

David Fidanque

Executive Director, ACLU of Oregon.  Notes there are some painful concessions with the -2 amendments (EXHIBIT E). Mentions for the record the interpretations of legislative council and the ACLU that granting civil unions would not grant access to the institution of marriage.

300

Fidanque

States the intent for the exemptions of religious organizations is to permit a religious institution to discriminate in positions that are core to the primary purpose of the church or institution that are not connected to a commercial or business activity.

335

Chair Brown

Asks would a church custodian be a position that permits discrimination of employment because it is not related to the core mission of the church.

347

Fidanque

Answers that the position is not closely connected with the primary purpose of the church or institution as a teacher would be.

415

Fidanque

Suggests a change to the language in the -2 amendments, page two,  line 30, “based on a student’s sexual orientation”.

TAPE 123, B

005

Sen. Shields

Comments on the grammar page 22 Subsection 2 and the amendments.

010

Chair Brown

Considers a conceptual amendment on line 30 changing “person” to “student” and acknowledges the grammar use. 

014

Sen. Ferrioli

Interprets that the bill under the amendment would allow for the dismissal of a teacher strictly for their sexual orientation.

020

Fidanque

Replies that the employment discrimination statute would specifically prohibit that. Explains the understanding is that this would apply only to students and other participates in a program or service. 

030

Sen. Ferrioli

Refers to page two, line 29 of the -2 amendments and interprets that the language could include teaching.

045

Fidanque

Agrees that it is a possibility that he amendment could be interpreted this way and reiterates clarifying the language from “person” to “student”. Notes the Tanner decision.

065

Dave Heynderickx

Acting Legislative Counsel. Provides greater detail of the laws that prohibit discrimination in employment, housing and public accommodations. Observes that this would not override Chapter 659.

084

Sen. Ferrioli

Asks what protection would this measure add.

087

Heynderickx

Explains that the primary intent of the statute was to prevent discrimination against providing services to students which is different from providing public accommodation..

097

Chair Brown

Clarifies that current statute reads “persons” which is unclear. Believes that the application is to protect students rights; teachers concerned about employment discrimination would refer employment discrimination chapters.

103

Fidanque

Suggests changing the word “same” on page 30 Section 67 (3) to “comparable”. Explains that the word “same” might imply its the same as marriage, and it is not.

120

Chair Brown

Asks if the passage of Ballot Measure 36 prohibits the same legal status on civil unions as in a marriage or is it prohibiting same sex partners from marrying.

141

Heynderickx

Comments it may be a matter of terminology. Asks what is the difference between a civil union that conveys the same status but is not called a marriage.

168

Fidanque

States that adding “comparable” would define “civil unions” as not being the same thing as “marriage”.

177

Sen. Westlund

Asks is there a legal reason to remove “same” and insert “comparable.”

181

Heynderickx

Believes there may a legal argument for taking it out with Ballot Measure 36.

180

Bob Castagna

Oregon Catholic Conference. Refers to page two, line six           (EXHIBIT E) related to the primary purposes of the church or institution. Expresses concern that the language is unconstitutional because of state entanglement in the affairs of a religious organization. Explains that interpretation would define the primary purpose of the church or institution. Discusses their employment contract clause regarding “lifestyle”.  

205

Chair Brown

Asks Mr. Castagna about the issue of morality.

210

Castagna

Reiterates that the church reserves the right to dismiss an employee if their lifestyle is contrary to church teaching.

213

Fidanque

States that current law prohibits discrimination based on marital status of an employee.

219

Chair Brown

Confirms that under current law the church could not fire a women who received a divorce during her employment even if they oppose her morality.

225

Fidanque

Answers affirmatively. Under current law the only discrimination a church can engage in is the religious affiliation of the employee.

240

Chair Brown

Asks can the Catholic church fire someone from their employment based upon immoral behavior.

245

Castagna

Responds that the archdiocese has a contract with its employees that has a “lifestyle” provision, which if violated, they can be fired.

250

Sen. Ferrioli

Observes that the right currently does not exist in Oregon law but the -2 amendments would provide for it.

257

Fidanque

Answers affirmatively. Reiterates that current Oregon law the only provides for religious affinity discrimination. The amendments would permit sexual orientation discrimination in certain situations.

274

Sen. Ferrioli

Confirms that this would create a greater latitude for discrimination by religious institutions.

277

Sen. Westlund

Asks if there has been a test case where an employee was fired by the church on moral grounds and litigated the issue.

287

Castagna

Answers he does not know. Reiterates that there is “lifestyle” clause in the employment contract that is not unique to the archdiocese or the state of Oregon.

290

Chair Brown

States that her understanding of this bill would not prohibit the hiring of a gay or lesbian person to a teaching position in church.

294

Castagna

Expresses the concern is the example of the janitor and the “lifestyle” clause would still be in the employment contract.

300

Chair Brown

Asks does he agree that under hiring practices, the church can still discriminate against gays or lesbians.

305

Castagna

Agrees if it is related to the core purpose, the church retains the discretion to hire or fire. The question is who is determining what the primary purpose of a church or religious institution is.

318

Sen. Ferrioli

Notes instances when citizens waive their constitutional right. 

325

Fidanque

Replies that he is unaware if it is an unlawful employment practice to ask an employee to waive statutory rights as a condition of employment. Discusses the concern regarding “public scandal”; conduct of an employee that is contrary to the policies of the institution.

357

Sen. Ferrioli

Mentions that there are performance standard clauses in private sector employment contracts.

377

Castagna

States that the Catholic church distinguishes between sexual orientation and sexual activity; this measure does not make that distinction.

380

Tootie Smith

Oregon Family Council. States that the -2 amendments are in violation of Measure 36 because every Oregon marriage statute can be affected by this bill. States that the fiscal and economic impacts to government and the business community in regard to health benefits have been ignored; testimony has not been received from insurance companies as to what those costs may be.

TAPE 124, B

013

Smith

Discusses sexual orientation regarding certain rights. Supports reciprocal benefits.

030

Chair Brown

Responds to the reciprocal beneficiaries issue. Offers to review what benefits Ms. Smith believes are appropriate.

045

Chair Brown

States for the record that the committee will move forward on this bill this evening and there will be a minority report.

064

Sen. Westlund

Refers to page 22 of the bill, line 6, subsection 2 and asks if there is a consistency issue regarding “a person” and  “students”.

080

Chair Brown

Responds that it is not technically necessary to amend “person” to “studenst”. Explains the intent is to clarify in the language where the discrimination is allowed.

089

Dave Heynderickx

Clarifies that the exception would only apply to students.

100

Sen. Brown

MOTION:  Moves to SUSPEND the rules for the purpose of considering a conceptual amendment.

101

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

103

Sen. Brown

MOTION:  Moves to AMEND SB 1000 -2 AMENDMENTS dated 6/23/05 on page 2, in line 30, change "person's" to "student's".

112

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

115

Sen. Ferrioli

Asks if this is the only conceptual amendment being made.

116

Chair Brown

Answers affirmatively.

123

Chair Brown

Recesses the committee for five minutes. Calls the committee back at 7:03 p.m.

126

Sen. Brown

MOTION:  Moves to ADOPT SB 1000-2 AS CONCEPTUALLY AMENDED amendments dated 6/23/05.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

130

Sen. Atkinson

Asks if all the testimony on SB 1073 could be made part of this record.

133

Chair Brown

Responds that there was over seven hours of testimony on SB 1000.

135

Sen. Atkinson

Repeats his request.

136

Chair Brown

Asks if there is any objection to Senator Atkinson’s request.

141

Chair Brown

No objections noted. (see tape log for June 7, 2005 3:00 p.m. meeting)

144

Sen. Brown

MOTION:  Moves SB 1000 to the floor with a DO PASS AS AMENDED recommendation.

147

Sen. Ferrioli

Provides notice of a possible minority report. Expresses concern that although there have been diligent attempts the bill does not address the problems that have been expressed. Explains what the intent of the minority report will be if drafted.

179

Chair Brown

States for the record that in page one of the -2 amendments, the language regarding religious exception was designed to track federal case law. States the committee has a fiscal impact on the bill. 

205

Sen. Shields

Voices his appreciation for the work done to accommodate the concerns expressed. Believes there is a moral obligation to pass the bill.

215

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

SENATORS BATES, WESTLUND AND MORSE will lead discussion on the floor.

220

Chair Brown

Closes the work session on SB 1000 and adjourns the committee meeting at 7:10 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 3090A, outline, Representative Jerry Krummel, 1 p

B.     HB 3090A, correspondence, staff, 2 pp

C.     HB 3090A, prepared testimony, Alan Mishler, 2 pp

D.    HB 2050A, -A6 amendments, Senator Charlie Ringo, 2 pp

E.     SB 1000, -2 amendments, staff, 4 pp

F.      HB 3092A, -A5 amendments, J. L. Wilson, 1 p

G.    SB 671, -8 and -12 amendments, Dave Barrows, 20 pp

H.    SB 671, Mutual Utility plan package, Dave Barrows, 20 pp

I.       SB 1079, prepared testimony, Steve Kafoury, 2 pp

J.      SB 1079, correspondence, Elon Hasson, 2 pp