TAPE/#

Speaker

Comments

TAPE 137, A

003

Chair Brown

Calls meeting to order at 1:00 p.m. and opens public hearing on HB 3374.

HB 3374 – PUBLIC HEARING

008

Sen. Vicki Walker

Senate District 7.  Introduces herself.

012

Tiffany Harris

Committee Administrator. Introduces HB 3374. Submits the -4 amendments (EXHIBIT A).

014

Sen. Walker

Testifies in support of HB 3374 with the -4 amendments. Explains the

 -4 amendments.

043

Chair Brown

Asks if the Chair of the Transportation committee informed Sen. Walker why he did not hear the bill in his committee.

044

Sen. Walker

Replies that the Chair said that the bill was too broad.

047

Sen. Ringo

Comments that he doesn’t have the -4 amendments. Finds the amendments.

055

Chair Brown

Closes public hearing on HB 3374 and opens work session on SB 1068.

SB 1068 – WORK SESSION

057

Tiffany Harris

Committee Administrator. Introduces SB 1068. Submits the  -1 amendments (EXHIBIT B) and the -2 amendments (EXHIBIT C).

061

Sen. Ringo

States that he met with the proponents and opponents of the bill today.

066

Terry Leggert

Judge, Marion County. Testifies on SB 1068. Discusses the -2 amendments.

105

Chair Brown

Comments on testimony. Relates testimony from the hearing on June 28, 2005.

110

Leggert

Responds.

114

Sen. Ringo

Asks about contempt orders being issued.

119

Leggert

Explains reasons why contempt orders would or would not be issued.

131

Sen. Ringo

Says that the bill is based on the idea that the perpetrators have a tremendous amount of influence over the victim.

137

Leggert

Says that not all of the cases are like that.

140

Sen. Ringo

Says the bill is trying to make a policy choice regarding domestic violence.

150

Leggert

Responds.

167

Sen. Ringo

Asks about forms used for no contact orders. Asks if the forms need to be even more clear.

180

Leggert

Responds yes.

190

Chair Brown

Closes work session.

194

Sen. Ringo

Comments that he wanted to add language regarding changing the forms but that it did not fit within the relating clause.

197

Chair Brown

Responds that they could make changes to the forms without the legislature passing a bill.

199

Chair Brown

Opens public hearing on HB 2828A and HB 3037.

HB 2828A and HB 3037 – PUBLIC HEARING

206

Tiffany Harris

Committee Administrator. Introduces HB 2828Aand HB 3037. Mentions and submits the HB 2828A –A6 amendments (EXHIBIT D) and the HB 3037 -3 amendments (EXHIBIT E).

218

Rep. Jeff Barker

House District 28. Testifies on HB 2828A.

237

Sen. Atkinson

Asks about opposition to HB 2828A.

240

Rep. Barker

Explains that there was not any testimony in opposition to HB 2828A.

246

Rep. Barker

Testifies on HB 3077.

275

Sen. Jason Sen. Atkinson

Senate District 2. Testifies in support of HB 3037.

297

Dave Daniel

Sheriff, Josephine County. Testifies in support of HB 3037. Submits written testimony (EXHIBIT F).

346

Chief Vern Wells

Independence. Testifies in support of HB 3037. Submits written testimony (EXHIBIT G).

364

Rep. Chip Shields

House District 43. Testifies in opposition to HB 2828A. Submits written testimony (EXHIBIT HH). Submits and reads written testimony from Arwen Bird (EXHIBIT H).

TAPE 138, A

001

Rep. Shields

Continues testimony on HB 2828A.

013

Rep. Shields

Testifies in opposition to HB 3037.

025

Steve Doell

Crime Victims United of Oregon. Testifies in support of HB 2828A. Submits written testimony (EXHIBIT I).

073

Jayne Ferlitsch

Washington County. Testifies in support of HB 2828A. Submits written testimony (EXHIBIT J).

181

Steve Doell

Crime Victims United of Oregon. Testifies in support of HB 3037.

Lloyd Clodfelter

Oregon MADD Public Policy Liason. Submits written testimony (EXHIBIT II). 

Chief Vern Wells

Independence. Submits written testimony on HB 2828A (EXHIBIT K).

Staff

Submits Oregon Sentencing Guidelines Grid (EXHIBIT L).

228

Chair Brown

Recesses public hearing on HB 2828A and HB 3037. Opens work session on SB 1072.

SB 1072 – WORK SESSION

Tiffany Harris

Committee Administrator. Submits SB 1072 -3 amendments (EXHIBIT M).

234

Sen. David Nelson

Senate District 29. Testifies in support of SB 1072. Discusses the -3 amendments.

277

Sen. Ringo

Thanks Sen. Nelson for his work on the bill.

281

Sen. Ringo

MOTION:  Moves to ADOPT SB 1072-3 amendments dated 6/29/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Shields

Chair Brown

Hearing no objection, declares the motion CARRIED.

285

Sen. Ringo

MOTION:  Moves SB 1072 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Shields

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. NELSON will lead discussion on the floor.

294

Chair Brown

Closes work session and re-opens public hearing on HB 2828A and HB 3037.

HB 2828A and HB 3037 – PUBLIC HEARING

307

Buffalo Zobel

Clackamas County. Testifies in support of HB 2828A. Submits and reads written testimony (EXHIBIT N).

380

Anne Pratt

Crime Victims United of Oregon. Testifies in support of HB 2828A. Submits written testimony of Sylvia Howell (EXHIBIT O) and Connie Buchanan (EXHIBIT P).

TAPE 137, B

001

Pratt

Continues testimony on HB 2828A.

016

Mark McDonell

Oregon District Attorneys Association (ODAA). Testifies in support of HB 2828A.

034

Mark McDonell

ODAA. Testifies on HB 3037.

052

John Powell

Oregon State Sheriffs Association. Testifies in support of HB 3037.

059

Greg Roach

Marion County Sheriffs Office. Testifies in support of HB 3037.

081

Kenneth McDermott

Marion County Sheriffs Office. Testifies in support of HB 3037.

090

Powel

States that the Oregon State Sheriffs Association supports HB 2828A.

091

Sen. Ferrioli

Conveys appreciation to the Oregon State Sheriffs Association and to reserve officers in every branch of law enforcement in Oregon.

102

Janyce Iturra

Crime Victims United. Testifies in support of HB 3037.  Submits written testimony (EXHIBIT Q).

172

Sen. Ringo

Thanks witness for testifying.

180

Stacy Pannas

Marion County Reserve Department. Testifies in support of HB 3037.

209

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 3037.

267

Robert Castagna

Oregon Catholic Conference. Testifies in opposition to HB 3037. Submits written testimony (EXHIBIT R).

340

Sen. Ferrioli

Wonders if their opposition to the bill was expressed in the House.

351

Skye

Explains that their opposition to HB 3037 was expressed in the House. Comments on where to draw the line.

376

Sen. Ferrioli

Feels that it leaves children vulnerable.

TAPE 138, B

001

Skye

Responds to Sen. Ferrioli’s comments.

015

Chair Brown

Asks if Mr. Castagna agrees with Ms. Skye’s analysis.

016

Castagna

Explains.

031

Chair Brown

Asks if the 100 people released is a national figure.

032

Castagna

Replies yes. Concludes testimony.

040

Sen. Ferrioli

Believes that there is a disagreement regarding the deterrent effect of the death penalty.

058

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 2828A. Submits written testimony (EXHIBIT S).

143

Chair Brown

Asks if OCDLA would oppose the bill if the legislature chose as a policy decision to select a particular crime category that would give it the maximum allowable under the guidelines.

151

Skye

Responds that they wouldn’t oppose the bill and explains in detail.

158

Dan Swift

Oregon State Police Officers’ Association (OSPOA). Testifies in support of HB 2828A.

187

Vinita Howard

Member of the Governor’s Advisory Committee on Driving Under the Influence of Intoxicants. Testifies in support of HB 2828A. Submits written testimony (EXHIBIT T).

233

Sen. Shields

Asks Swift what percentage of drunk drivers who kill someone while driving actually die themselves.

250

Swift

Responds that he does not have the percentages.

262

Andrea Meyer

Legislative Director, American Civil Liberties Union of Oregon. Testifies in opposition to HB 3037.

269

Kathy Pugh

Oregonians for Alternatives to the Death Penalty (OADP). Testifies in opposition to HB 3037.  Submits written testimony and booklet (EXHIBIT U).

287

Chair Brown

Closes public hearing and opens a work session on SJR 24.

SJR 24 - WORK SESSION

Tiffany Harris

Committee Administrator. Submits the SJR 24 -3 amendments (EXHIBIT V).

307

Chair Brown

Discusses SJR 24 and the -3 amendments.

323

Chair Brown

MOTION:  Moves to ADOPT SJR 24-3 amendments dated 6/29/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ferrioli

Chair Brown

Hearing no objection, declares the motion CARRIED.

330

Chair Brown

MOTION:  Moves SJR 24 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ferrioli

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. B. STARR, SEN. METSGER, and SEN. BROWN will lead discussion on the floor.

340

Chair Brown

Closes work session and opens a work session on HB 2167B.

HB 2167B – WORK SESSION

341

Chair Brown

Discusses HB 2167B.

345

Chair Brown

MOTION:  Moves HB 2167B to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ferrioli

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

355

Chair Brown

Closes work session and opens work session on HB 2247A.

HB 2247A – WORK SESSION

Tiffany Harris

Committee Administrator. Submits the HB 2247A –A2 amendments (EXHIBIT W).

365

Chair Brown

Discusses HB 2247A.

370

Chair Brown

MOTION:  Moves to ADOPT HB 2247A-A2 amendments dated 6/29/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ferrioli

Chair Brown

Hearing no objection, declares the motion CARRIED.

380

Chair Brown

MOTION:  Moves HB 2247A to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

389

Chair Brown

Closes work session.

390

Chair Brown

Comments that there are some technical difficulties that need to be straightened out with HB 2408 before it can be moved forward.

393

Chair Brown

Opens work session on HB 2588.

HB 2588 – WORK SESSION

395

Tiffany Harris

Committee Administrator. Gives overview of HB 2588.

403

Chair Brown

Reports that there is a fiscal impact on HB 2588. Says that she would like to move the bill to the budget committee.

405

Chair Brown

MOTION:  Moves HB 2588 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Budget.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

410

Chair Brown

Closes work session and opens work session on HB 3093A.

TAPE 139, A

HB 3093A – WORK SESSION

Tiffany Harris

Committee Administrator. Submits the –A5 amendments (EXHIBIT X) and the –A8 amendments (EXHIBIT Y) to HB 3093A.

001

Chair Brown

Discusses HB 3093A. Talks about the amendments.

011

J.L. Wilson

Oregon Association of Plumbing, Heating & Cooling Contractors. Testifies on HB 3093A. Reports that he supports the –A8 amendments.

018

Burton Weast

Local 290. Testifies on HB 3093A. Reports that he does not support any of the amendments.

021

Chair Brown

Says that the proponents of the measure support the –A8 amendments. Reports that Rep. Richardson would like to have the –A5 amendments adopted. Asks for Rep. Richardson to come testify on the amendments.

024

Chair Brown

Committee stands at ease at 3:07 p.m.

025

Chair Brown

Calls committee back to order at 3:17 p.m.

027

Rep. Dennis Richardson

House District 4. Testifies in support of HB 3093A. Discusses the amendments.

042

Chair Brown

Closes work session and opens a work session on HB 3044.

HB 3044 – WORK SESSION

Tiffany Harris

Committee Administrator. Submits the HB 3044 -1 amendments (EXHIBIT Z).

047

Rep. Derrick Kitts

House District 30. Testifies in support of HB 3044.

055

Chair Brown

Asks if the House discussed the fact that the language in the bill suggests that people are voting at a polling place.

057

Rep. Kitts

Replies that to his understanding the County Clerks Office is considered a polling place by statute.

060

Chair Brown

Mentions SB 1046 which was sent to the House. Asks if Rep. Kitts’ committee discussed the bill.

065

Rep. Kitts

Replies that the committee discussed SB 1046. Discusses the problem with SB 1046.

077

Chair Brown

Asks if the technology issues would be addressed by changing the sunset date.

080

Rep. Kitts

Replies that he is unsure.

083

Chair Brown

Asks if there is any harm in passing a bill to allow the Secretary of State to do it assuming the technology is available.

085

Rep. Kitts

Responds.

090

Sen. Ferrioli

Asks about the meaning of the word “line” in a vote by mail election.

094

Rep. Kitts

Explains the meaning of the word “line”.

100

Sen. Ferrioli

Asks if the line is to pick up or drop off a ballot.

101

Rep. Kitts

Explains.

108

Sen. Ferrioli

Asks if the legislation came from a national model.

109

Rep. Kitts

Replies that he is unsure.

120

Sen. Ferrioli

Comments that he is not opposed to the bill but that it seems illogical that there are long lines for a vote by mail election.

125

John Coffman

Director of Elections, Multnomah County. Responds to Sen. Ferrioli’s question.

133

Rep. Kitts

Reports a concern that has been raised with HB 3044.

148

Chair Brown

MOTION:  Moves to ADOPT HB 3044-1 amendments dated 6/6/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

150

Chair Brown

MOTION:  Moves HB 3044 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

163

Chair Brown

Closes work session and opens work session on HB 3093A.

HB 3093A – WORK SESSION

170

Chair Brown

Comments on HB 3093A and the amendments.

178

Chair Brown

MOTION:  Moves to ADOPT HB 3093A-A8 amendments dated 6/21/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

180

Chair Brown

MOTION:  Moves HB 3093A to the floor with a DO PASS AS AMENDED recommendation.

192

Sen. Atkinson

Reports that he would like to have the –A5 amendments considered by the committee.

193

Chair Brown

Withdraws motion.

194

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3093A-A5 amendments dated 6/1/05.

195

Sen. Atkinson

Discusses why he supports the –A5 amendments.

196

Sen. Shields

Asks why this bill is more important than any of the other ones.

197

Sen. Atkinson

Replies that it is an issue that has come up in Southern Oregon.

203

Sen. Shields

Expresses opinion regarding the bill.

214

Sen. Ringo

Notes that the League of Cities has informed him that they oppose the

–A5 amendments.

215

VOTE:  2-3-0

AYE:            2 - Sen. Atkinson, Sen. Ferrioli

NAY:            3 - Sen. Brown, Sen. Ringo, Sen. Shields

Chair Brown

The motion Fails.

220

Chair Brown

MOTION:  Moves HB 3093A to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  3-2-0

AYE:            3 - Sen. Brown, Sen. Ringo, Sen. Shields

NAY:            2 - Sen. Atkinson, Sen. Ferrioli

Chair Brown

The motion Carries.

SEN. RINGO will lead discussion on the floor.

230

Sen. Atkinson

Serves notice of a possible minority report on HB 3093A.

236

Chair Brown

Closes work session and opens a work session on SB 1068.

SB 1068 – WORK SESSION

251

Sen. Ringo

Discusses SB 1068 and the amendments.

266

Tiffany Harris

Committee Administrator. Discusses the -2 amendments.

270

Sen. Ringo

MOTION:  Moves to ADOPT SB 1068-2 amendments dated 6/29/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

275

Sen. Ringo

MOTION:  Moves SB 1068 to the floor with a DO PASS AS AMENDED recommendation.

280

Chair Brown

Comments on the testimony regarding SB 1068.  Says it is a compromise measure. Discusses future work to be done regarding the issue.

300

Sen. Ringo

Reiterates that he wishes that they could have put into an amendment a requirement to change the no contact order form.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

312

Chair Brown

Closes work session and opens work session on HB 3262.

HB 3262 – WORK SESSION

Tiffany Harris

Committee Administrator. Submits the HB 3262 -4 amendments (EXHIBIT AA), -6 amendments (EXHIBIT BB), -11 amendments (EXHIBIT CC), and -13 amendments (EXHIBIT DD).

317

Marjorie Taylor

Committee Administrator. Gives overview of HB 3262. Discusses the amendments.

335

Chair Brown

Asks for testimony on the amendments.

341

Jim Green

Oregon School Boards Association. Testifies on HB 3262. Discusses amendments.

361

Sen. Atkinson

Asks if Chair Brown has an interest in moving the -7 amendments.

363

Chair Brown

Replies that she is not opposed to having the conversation. Discusses the -7 amendments.

375

Brian DeLashmutt

Oregon Council of Police Associations. Talks about the amendments. Submits written testimony (EXHIBIT EE).

407

Hasina Squires

Special Districts Association of Oregon. Testifies on the -11 amendments to HB 3262.

TAPE 140, A

001

Squires

Continues testimony.

009

DeLashmutt

Reports support of the -11 amendments.

013

Squires

Clarifies that she represents the managers.

017

Chair Brown

MOTION:  Moves to ADOPT HB 3262-4 amendments dated 6/28/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

020

Chair Brown

MOTION:  Moves to ADOPT HB 3262-6 amendments dated 6/28/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

025

Chair Brown

MOTION:  Moves to ADOPT HB 3262-13 amendments dated 6/29/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

030

Chair Brown

MOTION:  Moves to ADOPT HB 3262-11 amendments dated 6/29/05.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

035

Chair Brown

MOTION:  Moves HB 3262 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-1-0

AYE:            4 - Sen. Brown, Sen. Ferrioli, Sen. Ringo, Sen. Shields

NAY:            1 - Sen. Atkinson

Chair Brown

The motion Carries.

SEN. BROWN will lead discussion on the floor.

043

Chair Brown

Closes work session and opens a public hearing on HB 2591A.

HB 2591A – PUBLIC HEARING

050

Bill Linden

Oregon Restaurant Association. Testifies in support of HB 2591A.

098

Chair Brown

Asks if there have been any lawsuits of this type in Oregon.

099

Linden

Replies not to date.

100

Sen. Shields

Asks where there have been lawsuits.

101

Linden

Replies New York has been the most frequent.

109

Sen. Shields

Comments that frivolous lawsuits are in the eyes of the beholder. Asks question regarding the lawsuits.

113

Linden

Replies yes and explains.

128

Chair Brown

Says that in 1995, the legislature addressed the frivolous lawsuit provision.

134

Chair Brown

Reports that HB 2591A will not be moved today but that the committee plans to move the bill soon.

138

Sen. Ringo

Comments that the amendments for HB 2599A are ready but that copies need to be made.

141

Chair Brown

Closes public hearing and opens work session on HB 2070A.

HB 2070A – RECONSIDERATION AND WORK SESSION

Tiffany Harris

Committee Administrator. Submits –A5 amendments (EXHIBIT FF).

145

 Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering HB 2070A.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

150

Chair Brown

MOTION:  Moves to RECONSIDER the vote by which "HB 2070A was moved to the floor with a do pass as amended recommendation".

VOTE:  5-0-0

Chair Brown

The motion Carries.

152

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2070A-A5 amendments dated 6/29/05.

156

Chair Brown

Opposes the motion.

160

Sen. Ferrioli

Discusses the -A5 amendments to HB 2070A.

210

VOTE:  2-3-0

AYE:            2 - Sen. Atkinson, Sen. Ferrioli

NAY:            3 - Sen. Brown, Sen. Ringo, Sen. Shields

Chair Brown

The motion Fails.

217

Chair Brown

Closes work session and opens work session on HB 2599A.

HB 2599A – WORK SESSION

Tiffany Harris

Committee Administrator. Submits the HB 2599A -B12 amendments (EXHIBIT GG).

220

Sen. Ringo

Discusses the -B12 amendments to HB 2599A.

226

Sen. Ferrioli

Clarifies that the minority report won.

229

Sen. Ringo

Responds and continues discussion on the –B12 amendments.

247

Chair Brown

Clarifies that they are not required to release personal identification information.

251

Sen. Ringo

Replies yes and explains.

258

Sen. Ringo

Continues discussion on the –B12 amendments.

275

Chair Brown

Holds HB 2599A over until June 30, 2005.

280

Sen. Ringo

Reports support for the –B12 amendments.

284

Sen. Shields

Asks if the committee is considering the –B12 amendments.

287

Chair Brown

Replies yes.

290

Chair Brown

Closes work session and opens a public hearing on HB 3374A.

HB 3374A – PUBLIC HEARING

298

Art Schlack

Association of Oregon Counties (AOC). Testifies in support of HB 3374A.

350

Chair Brown

Closes public hearing and opens a work session on HB 3374A. 

HB 3374A – WORK SESSION

352

Chair Brown

MOTION:  Moves to ADOPT HB 3374A-A4 amendments dated 6/9/05.

359

Sen. Ferrioli

Asks if this is the same bill that Sen. Walker testified on earlier today.

361

Sen. Ringo

Replies that it is the same bill.

VOTE:  5-0-0

365

Chair Brown

Hearing no objection, declares the motion CARRIED.

370

Chair Brown

MOTION:  Moves HB 3374A to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

377

Chair Brown

Closes work session.

378

Sen. Ferrioli

Comments that the Senate Minority Leader deeply appreciates the opportunity of having the –A5 amendments to HB 2070A heard in committee today.

384

Chair Brown

Says that his appreciation is noted. Reports that the bills that did not move today will be under consideration and further discussion. Adjourns meeting at 4:10 p.m.