SENATE COMMITTEE ON RULES

 

 

July 1, 2005                                                                                                             Hearing Room B

8:15 A.M.                                                                                                                Tapes 143 – 146

Corrected 10/28/05

MEMBERS PRESENT:         Sen. Chair Brown Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

James Goulding, Committee Assistant

 

MEASURE/ISSUES HEARD:

                                                SB 1089 – Public Hearing and Work Session

                                                HCR 6 – Public Hearing and Work Session

                                                SB 1085 – Public Hearing and Work Session

                                                HB 2408A – Work Session

                                                HB 3083A – Work Session

                                                HB 2599B – Work Session

                                                HB 2429A – Work Session

                                                HB 3151A – Work Session

                                                HB 3168 – Public Hearing and Work Session

                                                HB 3260A – Public Hearing and Work Session

                                                HB 3319A – Public Hearing and Work Session

                                                HB 2078 – Work Session

                                                HB 3379 – 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 143, A

003

Chair Brown

Calls the meeting to order at 8:19 a.m.  Opens a public hearing on SB 1089.

SB 1089 – PUBLIC HEARING

006

Chair Brown

Makes opening remarks.

009

Tiffany Harris

Committee Administrator. Provides an overview of SB 1089.

025

Sen. Margaret Carter

Senate District 22.  Presents a written statement (EXHIBIT A), written testimony (EXHIBIT B), and an information chart (EXHIBIT C).

070

Rep. Peter Buckley

House District 5.  Presents written testimony (EXHIBIT D), letter from Arizona Treasurer (EXHIBIT E), and a letter from Darlene Hooley (EXHIBIT F).

111

Sen. Avel Gordly

Senate District 23. Testifies in favor of SB 1089. Applauds the efforts of her colleagues in bringing this measure forward.  Reads from SB 1089. 

161

Rep. Brian Boquist

House District 23. Testifies in favor of SB 1089.  Relays his experiences as a military officer in the Sudan conflict.  Describes the atrocities he witnessed and why he strongly supports SB 1089.

200

Rep. Boquist

Talks about the oil interests in Sudan and the massive corruption and unrest in Sudan.  Expresses his concerns over the take over of Unical Oil.

230

Rep. Boquist

Discusses the genocide taking place over the extraction of oil.  Discusses state involvement in a national issue. Presents pictures taken.

249

Sen. Carter

Provides additional support for SB 1089. Talks about the financial implications of the measure and making moral decisions.

267

Rep. Boquist

Adds that American businesses are currently banned from doing business in Sudan.  Notes that the ban may lift and that this measure will prevent it. 

290

Chair Brown

Closes the public hearing on SB 1089. 

291

Chair Brown

Comments on today’s agenda.

308

Chair Brown

Opens a public hearing on HCR 6.

HCR 6 – PUBLIC HEARING

310

Tiffany Harris

Committee Administrator.  Provides an overview of HCR 6.

320

Dixon Andrews

Lieutenant, Clackamas County Sheriff Department.  Present on behalf of Sheriff Craig Roberts. Testifies in support of HCR 6.

345

B.J. Smith

Clackamas County. Expresses support for HCR 6.

350

Chair Brown

Closes the public hearing on HCR 6 and opens a public hearing on SB 1085.

SB 1085 – PUBLIC HEARING

365

Tiffany Harris

Committee Administrator. Provides an overview of SB 1085.

372

Dr. Rick Bayer

Doctor, Internal Medicine. Fellow, American College of Physicians. Testifies regarding SB 1085. Mentions the -1 amendments (EXHIBIT G).  Offers his concerns of the language in the measure.  Mentions Page 7, line 15 through 23, of the printed measure.

TAPE 144, A

005

Bayer

Discusses his concern over the penalties in the measure.

040

Bayer

Comments on the sections he would need removed to completely support the measure. 

050

Madeline Martinez

Patient advocate. Executive Director, Oregon Normal. Presents written testimony regarding SB 1085 (EXHIBIT H).

060

Chair Brown

Details changes that will draw opposition from law enforcement groups. Advocates the need to address the concerns of witness’ concerns and the concerns of law enforcement.

075

Leland Berger

Lawyer. Discusses concerns regarding SB 1085.  Details portions of the measure he has problems with.

110

Berger

Notes the origins of the measure and the need for criminal justice reforms.

143

Berger

Discusses Legislative Advisory Committee. Encourages committee to not allow bill to move forward.

154

Sen. Ferrioli

Observes several concerns. Talks about statutes against substance abuse and authorizations for medical marijuana. Offers that a clear distinction needs to be drawn between medical marijuana use and substance abuse. 

190

Bayer

Comments that the additional punishment has not been needed. Talks about the ways to resolve marijuana growing problems. Outlines the compromises that can be worked out.

232

Sen. Ferrioli

Counters Dr. Bayer’s example. Relays the simplest problems that could come up in turning medical marijuana into a criminal offense. Talks about the criminal enterprises related to the street value of marijuana. 

255

Bayer

Believes that those who are egregiously violating should lose the ability to grow but should not lose access to medicine. Provides an example.

263

Sen. Ferrioli

Agrees that criminals should not be denied palliated medication. Feels that there are medical conditions that are getting prescriptions for marijuana when other medicines are available.

282

Bayer

Wonders if Sen. Ferrioli agrees that those who should not be allowed to grow their medicine should still have access to pain medication.

284

Vice-Chair Ferrioli

Replies yes.

285

Bayer

Believes there could be a compromise. Explains in detail.

295

Sen. Ferrioli

Refers to section 6, lines 15-23. Verifies they all have to do with production.

301

Bayer

Explains section 6 decreases access to medicine not only production of marijuana.

310

Vice-Chair Ferrioli

Points out the term “grow site” is included in that section.

315

Sen. Ringo

Concurs that Sen. Ferrioli is getting to the heart of the concerns over this issue. Agrees that those who have violated marijuana laws should have a harder time partaking of that treatment. 

333

Berger

Discusses the crime of “delivery”. Expresses that those who have their card revoked would likely turn to illegal methods of obtaining it.  Considers that the incidents of abuse of medical marijuana cards have been very low.

374

Berger

Discusses law enforcement aspects and the advisory committee.

389

Vice-Chair Ferrioli

Appreciates witness’ testimony. Asks Craig Durbin to come forward.

393

Berger

Concludes that the marijuana laws have taken patients out of the underground drug market.

400

Vice-Chair Ferrioli

Remarks on underground drug market.

407

Berger

Opines the provision that Dr. Bayer is concerned with would force people back into the underground market.

TAPE 143, B

003

Craig Durbin

Lieutenant, Oregon State Police. Remarks on the Legislative Advisory Committee. Comments on the compromise attempts with this measure. Points out law enforcement’s need to have clear distinctions between medical and illegal marijuana use.  Supports SB 1085 as written. 

035

Durbin

Discusses the language and how it makes some important distinctions.  Comments on the -1 amendments.

065

Durbin

Concurs with some of Sen. Ferrioli’s early observations.

070

Vice-Chair Ferrioli

Feels the parties need to get together and discuss the issue. Believes a better understanding of the issue is needed. Recesses the public hearing on SB 1085. Re-opens the public hearing on SB 1089.

SB 1089 – PUBLIC HEARING

087

Kate Richardson

State Treasurer’s Office. Notes the state treasurer will meet with Sen. Carter later to work out a compromise. Offers that the treasurer opposes measures that require disinvestment of interests. Feels that such a request should come through the Investment Council. Comments on financial impacts from the implementation of this bill.

140

Linda Haglund

State Treasurer’s Office.  Describes the need to have all parties discuss this measure.

149

Sen. Shields

Asks if they have compared this measure to similar laws in other states.

154

Haglund

Relays their research on the Illinois and Louisiana measures.

167

Sen. Shields

Wonders how much of an impact this would really have.

175

Richardson

Replies that they are not sure which companies the analysis was based on in the report.

183

Haglund

Offers additional details. 

194

Richardson

Adds that 1.5 percent of the PERS fund is a large number.

196

Sen. Shields

Wonders if the Investment Council would be willing to look at the fact that you don’t want to invest in a company that is involved in genocide.

210

Haglund

Discusses current standards in place in statute with regards to investment and management of funds. Discusses proxy voting process of the Investment Council.   

237

Richardson

Notes this issue has not yet been presented to the Oregon Investment Council. Mentions they are now aware of SB 1089.

243

Sen. Ringo

Considers the fiscal impact.

247

Richardson

Replies that it has not been requested.

252

Vice-Chair Ferrioli

Discusses the difficulty involved in disinvestment. Wonders if the approach would be changed if the disinvestment would be made on a proactive basis. Explains that a proactive basis would mean no new investment.

265

Haglund

Replies yes. Explains in detail.

270

Vice-Chair Ferrioli

Asks witnesses to be ready to discuss those issues at 2:00 p.m.

274

Sen. Shields

Comments on the term “full information” and Rep. Boquist’s earlier testimony. Urges witnesses to understand what is happening in the Sudan.

287

Richardson

Agrees. Discusses the term “full information”.

294

Vice-Chair Ferrioli

Remarks on the international sugar industry. States the difficulty in avoiding investment in any company tied to a specific political issue. Suggests witnesses think about ways they can involve themselves proactively in the issue.

312

Jon Christiansen

Chief of Staff, Sen. Margaret Carter’s office. Testifies regarding SB 1089. Mentions fiscal impact.

335

Vice-Chair Ferrioli

States there is a floor session at 10:00 a.m.

340

Sen. Ringo

States that Kevin Neely from the Department of Justice is present.

 

Vice-Chair Ferrioli

Recesses the meeting at 9:42 a.m. States the meeting will reconvene at the call of the chair. The committee stands at ease.

348

Chair Brown

Reconvenes the meeting at 10:05 a.m. Opens a work session on HB 2408A.

HB 2408A – WORK SESSION

365

John Schultz

Administrator, Worker’s Compensation Division, Department of Consumer and Business Services. Recommends support of the –A6 amendments (EXHIBIT I) to HB 2408A. Explains the –A6 amendments incorporate the –A2 and the –A3 amendments to HB 2408A. Provides an overview of the –A6 amendments.

412

Chair Brown

Believes the other issue was the sunset with SB 757 (2005). Understands that SB 757 and HB 2408A with the –A6 amendments will sunset at the same time.

420

Schultz

Replies that is also his understanding.

425

Chair Brown

MOTION:  Moves to ADOPT HB 2408-A6 amendments dated 6/29/05.

427

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

430

Chair Brown

MOTION:  Moves HB 2408A to the floor with a DO PASS AS AMENDED recommendation.

432

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

440

Chair Brown

Recesses the meeting at 10:08 a.m. until 1:00 p.m. for the purpose of attending floor session.

TAPE 144, B

004

Chair Brown

Calls the meeting back to order at 1:08 p.m.  Opens a public hearing on SB 1085.

SB 1085 – PUBLIC HEARING

010

Sen. Bill Morrisette

Senate District 6. Testifies in favor of SB 1085 with the -1 amendments. Talks about an agreement of changes to be made on the House side.

040

Sen. Morrisette

Concludes testimony.

045

Sen. Jeff Kruse

Senate District 1. Concurs with Sen. Morrisette’s summary of the agreed upon language.  Offers testimony on further issues needing to be addressed.

075

Sen. Ferrioli

Questions the reason to amend the measure now as opposed to in the House.

083

Sen. Kruse

Clarifies counsel’s request.

085

Sen. Ferrioli

States he is looking for assurance from the representative from law enforcement that this is an acceptable mechanism.

089

Craig Durbin

Lieutenant, Oregon State Police. Agrees with the –1 amendments.

093

Sen. Morrisette

Thanks the parties involved in crafting the legislation.

100

Chair Brown

Notes for the record that Stormy Ray and Jerry Wade signed up in support of SB 1085.

105

Chair Brown

Closes the public hearing on SB 1085 and opens a work session on SB 1085.

SB 1085 – WORK SESSION

106

Chair Brown

MOTION:  Moves to ADOPT SB 1085-1 amendments dated 6/27/05.

108

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

110

Chair Brown

MOTION:  Moves SB 1085 to the floor with a DO PASS AS AMENDED recommendation.

112

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

(Note: See Tape 144, B, Counter 156, and Page 7 of these minutes.)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. KRUSE AND SEN. MORRISETTE will lead discussion on the floor.

113

Chair Brown

Closes the work session on SB 1085 and opens a work session on HB 3083A.

HB 3083A -WORK SESSION

114

Tiffany Harris

Committee Administrator. Provides an overview of HB 3083A. Believes there are amendments to address the concerns previously voiced.

120

Rep. Brad Avakian

House District 34. Explains the Oregon Fire District Directors Association has withdrawn their opposition to HB 3083A. States there are no amendments. Discusses HB 3083A.

130

Chair Brown

Clarifies there are no amendments.

132

Rep. Avakian

Replies there are no amendments. Wonders what Chair Brown is looking at.

133

Chair Brown

Replies she has a hand written note that says HB 3083A has consensus amendments.

135

Rep. Avakian

Reiterates there are no amendments.

136

Chair Brown

Replies okay.

140

Chair Brown

MOTION:  Moves HB 3083A to the floor with a DO PASS recommendation.

142

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

152

Chair Brown

Closes the work session on HB 3083A.

153

Chair Brown

Asks Sen. Atkinson and Sen. Ferrioli if they would like an opportunity to vote on SB 1085.

154

Sen. Ferrioli

States it is not necessary for him to record a vote on SB 1085.

155

Chair Brown

Conveys to Sen. Atkinson that his vote would not change the outcome.

156

Chair Brown

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON to BE RECORDED as voting NAY on the motions to move SB 1085 to the floor with a DO PASS AS AMENDED recommendation.

157

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

158

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 – Atkinson

EXCUSED:    1 – Ferrioli

(Note: See Tape 144, B, Counter 108, and Page 6 of these minutes.)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. KRUSE AND SEN. MORRISETTE will lead discussion on the floor.

160

Chair Brown

Opens a work session on HB 2599B.

HB 2599B – WORK SESSION

162

Sen. Ringo

Suggests that Kevin Neely explain the –B13 amendments.

165

Kevin Neely

Department of Justice. Submits and discusses the –B13 amendments (EXHIBIT J).

180

Chair Brown

Wonders if this will save us thousands of dollars.

183

Neely

Explains they do not produce large quantities of the Attorney General’s opinions compendiums. States it will save time for the Department of Justice.

188

Sen. Ringo

Notes differences in the –B14 amendments (EXHIBIT K).

198

Tiffany Harris

Committee Administrator. Asks if only the email address will be considered private information.

200

Sen. Ringo

Explains in addition to the other list.

201

Harris

Replies correct. Verifies that the only new addition is the email address.

202

Sen. Ringo

Replies email address and phone number.

203

Chair Brown

States that is a good suggestion. Asks Sen. Ringo what he would like to do.

204

Sen. Ringo

MOTION:  Moves to ADOPT HB 2599-B13 amendments dated 6/30/05.

206

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

207

Sen. Ringo

MOTION:  Moves to ADOPT HB 2599-B14 amendments dated 6/30/05.

219

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

212

Sen. Ringo

MOTION:  Moves HB 2599B to the floor with a DO PASS AS AMENDED recommendation.

215

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

220

Sen. Ferrioli

Makes comments.

221

Chair Brown

Makes comments.

224

Chair Brown

Closes the work session on HB 2599B and opens a work session on HB 2429A.

HB 2429A – WORK SESSION

225

Chair Brown

States that her recollection is that the amendments are conflict amendments.

226

Tiffany Harris

Committee Administrator. Believes that is true. States she would like to look at the amendments. Submits the –A4 amendments (EXHIBIT L).

230

Chair Brown

Confirms the –A4 amendments are conflict amendments.

232

Chair Brown

MOTION:  Moves to ADOPT HB 2429-A4 amendments dated 6/29/05.

233

Chair Brown

Makes comments regarding the –A4 amendments.

235

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

236

Sen. Ringo

Verifies those were the –A4 amendments that were just moved.

237

Chair Brown

Replies correct.

238

Chair Brown

MOTION:  Moves HB 2429A to the floor with a DO PASS AS AMENDED recommendation.

240

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

245

Chair Brown

Closes the work session on HB 2429A and opens a work session on HB 3151A.

HB 3151A – WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits the –A3 amendments to HB 3151A (EXHIBIT M).

243

Sen. Ferrioli

Wonders if the –A3 amendments are being considered.

244

Chair Brown

Replies no.

248

Sen. Ferrioli

Advocates the adoption of -A3 amendments.

258

Chair Brown

Wonders what the point of passing the bill would be.

261

Sen. Ferrioli

Believes that question was asked by the district administrators and the parents who testified in opposition.

262

Chair Brown

Verifies that the –A3 amendments would gut the need for the bill.

263

Sen. Ferrioli

Replies yes. Continues advocating for the adoption of the –A3 amendments.

271

Chair Brown

Notes her concerns over the summer school lunch program. States she will move forward on the measure.

276

Sen. Ferrioli

Expresses his objections to the measure.

283

Chair Brown

Responds to Sen. Ferrioli’s comments.

290

Sen. Shields

Considers Rep. Farr’s work to reach resolutions regarding this issue.

292

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 3151-A3 amendments dated 5/27/05.

304

 

VOTE:  2-3-0

AYE:               2 - Atkinson, Ferrioli

NAY:               3 - Ringo, Shields, Brown

 

Chair Brown

The motion FAILS.

306

Sen. Shields

MOTION:  Moves HB 3151A to the floor with a DO PASS recommendation.

308

Sen. Ferrioli

Wonders if other students outside the four mentioned districts will be affected by this bill.

314

Chair Brown

States the passage of this bill has no affect on the summer lunch program. Explains her concerns regarding the lack of a summer lunch program.

328

Sen. Ferrioli

Reiterates question of whether this bill has a global effect on all students in the state of Oregon.

330

Chair Brown

Believes it only applies to four school districts.

335

Pat Burk

Chief Policy Officer, Department of Education.  Explains their analysis of the bill shows that it only applies to four districts. Explains they are ready to offer technical assistance to those districts.

340

Sen. Ferrioli

Wonders if that assistance includes helping the school districts avoid the loss of programs and personnel.

343

Burk

Replies yes.

345

Sen. Shields

Provides his observations from work on the Hunger Relief Task Force. 

365

Sen. Ferrioli

Expresses concerns.

390

Chair Brown

Reiterates concern about the lack of a summer lunch program.

395

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ringo, Shields, Brown

NAY:               1 - Ferrioli

 

Chair Brown

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

403

Chair Brown

Closes the work session on HB 3151A and opens a public hearing on HB 3168.

HB 3168 – PUBLIC HEARING

407

Tiffany Harris

Committee Administrator. Provides an overview of HB 3168. Submits the -1 amendments to HB 3168 (EXHIBIT N).

TAPE 145,A

003

Nancy Latini

Associate Superintendent, Department of Education. Submits and discusses written testimony in support of HB 3168 (EXHIBIT O).

030

Chair Brown

Wonders if there is anyone present from the Juvenile Rights Project. Closes the public hearing on HB 3168 and opens a public hearing on HB 3260A.

HB 3260A – PUBLIC HEARING

035

Tiffany Harris

Committee Administrator. Provides an overview of HB 3260A. Submits the –A11 amendments to HB 3260 which are amendments to resolve conflicts (EXHIBIT P).

045

Genoa Ingram

Oregon Physical Therapy Association. Testifies in support of HB 3260A. Submits written testimony (EXHIBIT Q).

058

Sen. Ferrioli

Asks if the –A11 amendments are the issue before the committee.

060

Ingram

States the –A11 amendments appear to be conflict amendments. States they are okay with that.

061

Chair Brown

States that is her understanding as well.

062

Chair Brown

Closes the public hearing on HB 3260A and opens a work session on HB 3260A.

HB 3260A – WORK SESSION

063

Chair Brown

MOTION:  Moves to ADOPT HB 3260-A11 amendments dated 7/1/05.

064

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

065

Chair Brown

MOTION:  Moves HB 3260A to the floor with a DO PASS AS AMENDED recommendation.

067

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

070

Chair Brown

Closes the work session on HB 3260A and opens a public hearing on HB 3319A.

 

 

 

HB 3319A – PUBLIC HEARING

071

Chair Brown

Wonders if Paul Cosgrove is still in the room.

074

Lisa Trussell

Association of Oregon Industries. Requests support for HB 3319A with the –A3 amendments. Explains the –A3 amendments (EXHIBIT R).

087

Sen. Ringo

Wants to understand what this is attempting to do.

090

Trussell

Discusses paycheck violations with regards to final paychecks. States they worked with the Bureau of Labor and Industries (BOLI) in the House. Discusses language that would be eliminated by the –A3 amendments.

111

Sen. Ringo

Wonders if anyone from BOLI is going to testify.

112

Chair Brown

Asserts they have no objection or they would be present.

114

Chair Brown

Closes the public hearing on HB 3319A and opens a work session on HB 2078.

HB 2078 – WORK SESSION

117

Tiffany Harris

Committee Administrator. Provides an overview of HB 2078. Submits the -1 amendments (EXHIBIT S)  and the -2 amendments (EXHIBIT T) to HB 2078.

125

Scott Barrie

Oregon Home Builders Association. Discusses the amendments to HB 2078. States support for the -3 amendments.

154

Chair Brown

Asks if the -3 amendments are consensus amendments.

155

Barrie

Replies yes.

156

Chair Brown

Makes comments.

160

Cory Streisinger

Director, Department of Consumer and Business Services. Testifies in regards to issues addressed in the measure.

173

Chair Brown

Verifies this is a proactive approach.

174

Streisinger

Replies yes. Discusses staffing.

179

Chair Brown

States they will check on the status of the -3 amendments. Verifies which amendments witness would like the committee to pass.

180

Streisinger

States the -3 amendments will replace the -1 amendments and the -2 amendments.

183

Chair Brown

Appreciates work of witnesses. Closes the work session on HB 2078 and opens a work session on HCR 6.

HCR 6 – WORK SESSION

202

Chair Brown

MOTION:  Moves HCR 6 be sent to the floor with a BE ADOPTED recommendation.

206

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

207

Chair Brown

Closes the work session on HCR 6.  Recesses the meeting at 1:52 p.m. until 2:30 p.m.

208

Chair Brown

Calls the meeting back to order at 2:33 p.m.  Notes the committee is meeting as a subcommittee. Opens a public hearing on HB 3319A.

HB 3319A – PUBLIC HEARING

210

Paul Cosgrove

Addus Healthcare. Provides additional description of the measure.

223

Tiffany Harris

Clarifies the time period for final payment of wages due. 

232

Cosgrove

Provides clarification.

235

Chair Brown

Closes the public hearing on HB 3319A and re-opens the work session on HB 2078.

 

HB 2078 – WORK SESSION

243

Chair Brown

Notes the presence of the -3 amendments (EXHIBIT U).

(Note: The committee is now meeting as a full committee.)

245

John Powell

Contractors Bonding and Insurance Company. Offers clarifications for the record.  Notes the understanding of all parties.

267

Chair Brown

Verifies that the witness will support the -3 amendments.

268

Powell

Replies yes.

270

Chair Brown

MOTION:  Moves to ADOPT HB 2078-3 amendments dated 7/1/05.

276

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

277

Chair Brown

MOTION:  Moves HB 2078 to the floor with a DO PASS AS AMENDED recommendation.

279

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

280

Chair Brown

Closes the work session on HB 2078 and opens a work session on HB 3168.

HB 3168 – WORK SESSION

284

Chair Brown

Understands there is agreement on the -1 amendments (EXHIBIT N).

287

Tiffany Harris

Committee Administrator. Provides additional information on the -1 amendments.

304

Chair Brown

MOTION:  Moves to ADOPT HB 3168-1 amendments dated 6/24/05.

307

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

310

Chair Brown

MOTION:  Moves HB 3168 to the floor with a DO PASS AS AMENDED recommendation.

311

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

315

Chair Brown

Closes the work session on HB 3168 and opens a work session on HB 3319A.

HB 3319A – WORK SESSION

321

Chair Brown

Remarks the –A3 amendments are under consideration (EXHIBIT R).

325

Chair Brown

MOTION:  Moves to ADOPT HB 3319-A3 amendments dated 0/0/05.

326

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

328

Chair Brown

MOTION:  Moves HB 3319A to the floor with a DO PASS AS AMENDED recommendation.

330

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

332

Chair Brown

Closes the work session on HB 3319A and opens a work session on HB 3379.

HB 3379 – WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits the -2 amendments (EXHIBIT V), the -3 amendments (EXHIBIT W), the -4 amendments (EXHIBIT X), and the -5 amendments (EXHIBIT Y) to HB 3379.

334

Brian DeLashmutt

Federation of Parole and Probation Officers (FOPPO). Comments on the -3 amendments.

370

John Powell

Oregon State Sheriff’s Association. Explains they were part of the workgroup mentioned by Mr. DeLashmutt. Explains they could not come to complete resolution. Notes the presence of the -5 amendments. Advocates the adoption of the -5 amendments. Talks about the -4 amendments.

420

Sen. Ringo

Wonders if the -5 amendments provide arresting authority. Notes the witness is shaking his head no.

423

Powell

Responds.

TAPE 146, A

005

Sen. Ringo

Verifies that the items that the witness was seeking are not in the -5 amendments.

008

DeLashmutt

Believes that the items are in the -5 amendments.

010

Powell

Confirms this.

012

Sen. Ringo

Verifies that is different than giving the parole and probation officer additional authortity beyond what they have now.

014

DeLashmutt

Explains one additional distinction in the -5 amendments.

016

Chair Brown

Verifies that Mr. DeLashmutt can live with the -5 amendments.

018

DeLashmutt

States he will live with the -5 amendments.

021

Paul Snyder

Association of Oregon Counties. Supports the -5 amendments. Submits written testimony (EXHIBIT Z).

023

Chair Brown

Notes there are many organizations in the room supporting the -5 amendments.

025

Sen. Shields

Considers “warrant-less” search authority.

027

DeLashmutt

Explains that warrant-less searches are currently a function of a parole and probation officer.

029

Sen. Shields

Wonders if they would lose that ability if they became peace officers.

030

DeLashmutt

Provides clarification.

037

Snyder

Makes comments.

039

Sen. Shields

Makes comments.

042

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3379-5 amendments dated 7/1/05.

043

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

045

Sen. Atkinson

MOTION:  Moves HB 3379 to the floor with a DO PASS AS AMENDED recommendation.

046

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

The following material is submitted for the record without public testimony:

 

Max Williams

Director, Department of Corrections. Submits written testimony regarding HB 3379 (EXHIBIT AA).

052

Chair Brown

Closes the work session on HB 3379 and opens a work session on SB 1089.

SB 1089 – WORK SESSION

058

Chair Brown

Makes comments.

061

Chair Brown

MOTION:  Moves SB 1089 to the floor with a DO PASS recommendation.

062

Sen. Ringo

Believes it is important to hear from the Treasurer’s office in detail and opines that can be done in the House.

064

Chair Brown

Wonders if the committee heard from the Treasurer’s office this morning.

065

Sen. Ringo

States there was not much detail.

066

 

VOTE:  4-0-1

EXCUSED: 1 – Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CARTER AND SEN. GORDLY will lead discussion on the floor.

067

Sen. Ringo

Makes comments regarding fiscal.

070

Chair Brown

Closes the work session on SB 1089 and adjourns the committee at 2:52 p.m.

 

EXHIBIT SUMMARY

 

A.     SB 1089, written statement, Sen. Margaret Carter, 1 p

B.     SB 1089, written testimony, Sen. Margaret Carter, 3 pp

C.     SB 1089, information chart, Sen. Margaret Carter, 7 pp

D.    SB 1089, written testimony, Rep. Peter Buckley, 2 pp

E.     SB 1089, letter from Arizona Treasurer, Rep. Peter Buckley, 5 pp

F.      SB 1089, letter from Darlene Hooley, Rep. Peter Buckley, 2 pp

G.    SB 1085, -1 amendments, staff, 1 p

H.    SB 1085, written testimony, Madeline Martinez, 1 p

I.       HB 2408A, -A6 amendments, staff, 23 pp

J.      HB 2599B, -B13 amendments, Kevin Neely, 1 p

K.    HB 2599B, -B14 amendments, staff, 2 pp

L.     HB 2429A, -A4 amendments, staff, 5 pp

M.  HB 3151A, -A3 amendments, staff, 1 p

N.    HB 3168, -1 amendments, staff, 3 pp

O.    HB 3168, written testimony, Nancy Latini, 4 pp

P.      HB 3260A, -A11 amendments, staff, 1 p

Q.    HB 3260A, written testimony, Genoa Ingram, 1 p

R.    HB 3319A, -A3 amendments, staff, 1 p

S.      HB 2078, -1 amendments, staff, 4 pp

T.     HB 2078, -2 amendments, staff, 4 pp

U.     HB 2078, -3 amendments, staff, 4 pp

V.     HB 3379, -2 amendments, staff, 4 pp

W.   HB 3379, -3 amendments, staff, 4 pp

X.     HB 3379, -4 amendments, staff, 6 pp

Y.     HB 3379, -5 amendments, staff, 6 pp

Z.      HB 3379, written testimony, Paul Snyder, 1 p

AA.           HB 3379, written testimony, Max Williams, 2 pp