SENATE COMMITTEE ON RULES
July 11, 2005 Hearing Room B
1:00 P.M. Tapes 156 – 159
Corrected 11/14/05
MEMBERS PRESENT: Sen. Kate 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:
Executive Appointments – Public Hearings
State Commission on Children and Families
Rich Brown
Employment Appeals Board
Sarah Owens
State Commission on Children and Families
Rebecca Hernandez
State Housing Council
Jeana Woolley
State Marine Board
Richard Allen
HB 3494 – Work Session
HB 2062A – Work Session
HB 2566A – Work Session
HB 2539A – Work Session
HB 3469A – Public Hearing
HB 2339A – Public Hearing and Work Session
HB 2525A – Work Session
HB 3090A – Work Session
SB 1041 – Public Hearing
HB 2828A – Work Session
HB 2693A – Public Hearing
HB 2056A – Public Hearing
Executive Appointment – Public Hearing
State Commission on Children and Families
Jean Phelps
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 156, A |
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|
003 |
Chair Brown |
Calls the committee to order at 1:04 p.m. Opens a public hearing on executive appointments. |
|
EXECUTIVE APPOINTMENTS – PUBLIC HEARING STATE COMMISSION ON CHILDREN AND FAMILIES – APPOINTMENT AND REAPPOINTMENT OF RICH BROWN (See Exhibit N of July 7 Committee Minutes) |
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|
015 |
Rich Brown |
Multnomah Commission on Children and Families. Introduces himself. |
|
017 |
Chair Brown |
Asks about his background and qualification. |
|
018 |
Rich Brown |
Begins discussing his background and qualifications. |
|
032 |
Chair Brown |
Thanks him for his testimony. |
|
EMPLOYEMENT APPEALS BOARD – APPOINTMENT OF SARAH OWENS (See Exhibit O of July 7 Committee Minutes) |
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|
040 |
Sarah Owens |
Provides an overview of her background work on the appeals board. States her qualifications for being appointed to the board. |
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STATE COMMISSION ON CHIDLREN AND FAMILIES – APPOINTMENT OF REBECCA HERNANDEZ (See Exhibit N of July 7 Committee Minutes) |
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|
067 |
Rebecca Hernandez |
Testifies via phone. Elaborates on her background in education. |
|
STATE HOUSING COUNCIL – APPOINTMENT OF JEANA WOOLLEY (See Exhibit P of July 7 Committee Minutes) |
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|
103 |
Jeana Woolley |
Testifies via phone. Comments on her background and experience in real estate development. |
|
142 |
Chair Brown |
Inquires about her thoughts on the primary role of the council. |
|
144 |
Woolley |
Relays her thoughts on the role and outlook of the council. |
|
STATE MARINE BOARD – APPOINTMENT RICHARD ALLEN (See Exhibit Q of July 7 Committee Minutes) |
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|
190 |
Richard Allen |
Testifies via phone. Notes he will be in the capitol soon. |
|
194 |
Chair Brown |
States that they will have him testify when he arrives. Closes the public hearing on executive appointments. Opens a work session on HB 3494. |
|
HB 3494 – WORK SESSION |
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|
224 |
Chair Brown |
Asks about the –A6 amendments (EXHIBIT A) before the committee. |
|
234 |
Sen. Ringo |
Explains they are now drafting the –A10 amendments. |
|
239 |
Chair Brown |
Requests that the interested parties meet and come to a consensus before the committee adjourns. |
|
240 |
Sen. Ben Westlund |
Senate District 27. Comments that the –A9 amendments were previously circulated and that an agreement has been reached. Offers that they pass the measure out with the –A9 amendments. |
|
250 |
Chair Brown |
Reiterates the need for the interested parties to reach a consensus. |
|
259 |
Sen. Ringo |
Comments that the –A10 amendments should be available soon. |
|
263 |
Doug Riggs |
Central Oregon Cities Association. Comments on the various amendments. Notes the –A10 and –A11 amendments are being worked on by legislative counsel. |
|
277 |
Tiffany Harris |
States that those with amendments should provide them to committee staff as soon as possible. |
|
280 |
Chair Brown |
Closes the work session on HB 3494. Opens a work session on HB 2062A. |
|
HB 2062A – WORK SESSION |
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|
287 |
Harris |
Explains the provisions of HB 2062A. Comments that the –A2 amendment (EXHIBIT B) is purely to resolve conflicts. |
|
292 |
Chair Brown |
MOTION: Moves to ADOPT HB 2062A-A2 amendments dated 7/6/05. |
|
293 |
|
VOTE: 4-0-1 EXCUSED: 1 – Ferrioli |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
295 |
Chair Brown |
MOTION: Moves HB 2062A to the floor with a DO PASS AS AMENDED recommendation. |
|
297 |
|
VOTE: 4-0-1 EXCUSED: 1 – Ferrioli |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
|
300 |
Chair Brown |
Closes the work session on HB 2062A. Opens a work session on HB 2566A. |
|
HB 2566A – WORK SESSION |
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|
303 |
Chair Brown |
Summarizes the provisions of the measure. |
|
312 |
Chair Brown |
MOTION: Moves HB 2566A to the floor with a DO PASS recommendation. |
|
315 |
Sen. Ringo |
Comments he is fine with the measure. |
|
317 |
|
VOTE: 4-0-1 EXCUSED: 1 - Ferrioli |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
320 |
Chair Brown |
Closes the work session on HB 2566A. Opens a work session on HB 2539A. |
|
HB 2539A – WORK SESSION |
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|
337 |
Chair Brown |
MOTION: Moves HB 2539A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Budget. |
|
344 |
|
VOTE: 4-0-1 EXCUSED: 1 - Ferrioli |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
347 |
Chair Brown |
Closes the work session on HB 2539A. Opens a public hearing on executive appointments. |
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EXECUTIVE APPOINTMENT – PUBLIC HEARING STATE MARINE BOARD – APPOINTMENT OF RICHARD ALLEN |
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|
350 |
Richard Allen |
Talks about his background and qualifications. |
|
370 |
Sen. Ringo |
Adds his own recommendation for Mr. Allen. |
|
376 |
Chair Brown |
Asks about navigability and exemptions for non-motorized boating. Considers possible alternatives. |
|
391 |
Allen |
Comments on the differences between motorized boats and non-motorized vehicles. Concurs it is a complicated issue. |
|
423 |
Sen. Ben Westlund |
Senate District 27. Speaks in favor of Mr. Allen’s appointment. |
|
TAPE 157, A |
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|
003 |
Sen. Westlund |
Continues to applaud Mr. Allen’s achievements. |
|
006 |
Chair Brown |
Closes the public hearing on executive appointments. Opens a public hearing on HB 3469A. |
|
HB 3469A – PUBLIC HEARING |
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|
017 |
Tiffany Harris |
Committee Administrator. Provides a brief overview of the measure. |
|
020 |
Sen. Ginny Burdick |
Senate District 18. Explains the origin of the proposal. Talks about the need to address this problem. |
|
035 |
Heidi Moawad |
Judiciary Committee Staff. Comments on the definitions in statute. |
|
065 |
Moawad |
Discusses the proposed –A2 amendments (EXHIBIT C). |
|
070 |
Sen. Burdick |
Points out that the case that prompted this measure was brought forth by responsible parents. Offers her concerns for parents not being as involved. |
|
085 |
David Fidanque |
Executive Director, ACLU of Oregon. Provides a concern not addressed by the –A2 amendments. Observes that section 1 and 2 are both class C felonies. |
|
100 |
Chair Brown |
Asks for clarification on why it is a problem. |
|
101 |
Fidanque |
Offers the difference in the level of intent between the two crimes. Understands the need for section 1, but that the penalty should be reduced to a Class A misdemeanor. |
|
115 |
Sen. Ringo |
Wonders about the penalty for a Class A misdemeanor. |
|
117 |
Fidanque |
Replies it is up to one year in jail, plus fines. Discusses sentencing guidelines involved. |
|
134 |
Chair Brown |
Closes the public hearing on HB 3469A. Opens a public hearing on HB 2339A. |
|
HB 2339A – PUBLIC HEARING |
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|
139 |
Harris |
Discusses the provisions of the measure. |
|
141 |
Rep. Jerry Krummel |
House District 26. Testifies in favor of HB 2339A. Discusses the youth “cyber awareness” program. |
|
160 |
Chair Brown |
Closes the public hearing on HB 2339A. Opens a work session on HB 2339A. |
|
HB 2339A – WORK SESSION |
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|
162 |
Chair Brown |
MOTION: Moves HB 2339A to the floor with a DO PASS recommendation. |
|
163 |
|
VOTE: 4-0-1 EXCUSED: 1 – Ferrioli |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. B. STARR will lead discussion on the floor. |
|
165 |
Chair Brown |
Closes the work session on HB 2339A. Opens a work session on HB 2525A. |
|
HB 2525A – WORK SESSION |
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|
167 |
Bob Joondeph |
Oregon Advocacy Center. Presents written testimony in favor of HB 2525A (EXHIBIT D). Discusses the –A6 amendments (EXHIBIT E). |
|
189 |
Chair Brown |
Comments that there are technical problems with the amendments, and that they will not be moving the bill today. Closes the work session on HB 2525A. Opens a work session on HB 3090A. |
|
HB 3090A – WORK SESSION |
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|
190 |
Sen. Ringo |
Talks about the measure and various amendments. Comments on the various amendments circulating and the attempts to reach a compromise on official ballot drop box locations. |
|
217 |
Rep. Jerry Krummel |
House District 26. Advises that there may be some county clerks wishing to testify on this measure. Offers to speak when they are finished. |
|
227 |
Sen. Shields |
Asks if Sen. Ringo knows the position of Common Cause Oregon on this measure. |
|
230 |
Sen. Ringo |
Replies he doesn’t know. |
|
233 |
Jan Coleman |
Yamhill County Clerk. Acknowledges discomfort with the -A11 amendments (EXHIBIT F). |
|
241 |
Sen. Ringo |
Observes that they would have preferred the version that eliminated unofficial drop boxes. |
|
244 |
Chair Brown |
Discusses recent college campus voting problems. |
|
251 |
Coleman |
Replies in regard to the attempts to assist the university. |
|
268 |
Andi Miller |
Executive Director, Common Cause Oregon. Observes she has –A12 amendments (EXHIBIT G), which appear identical to the previous –A11 amendments. Comments that her concerns have been addressed in the amendments. |
|
288 |
Rep. Krummel |
Defers to Mr. Morales who has just arrived. |
|
293 |
James Morales |
Benton County Clerk. States he has missed out on the discussion so far. |
|
297 |
Chair Brown |
Summarizes the discussion so far. |
|
303 |
Morales |
Talks about the prior situation with having official ballot boxes on the campus of Oregon State University. Offers the rationale for moving the ballot box to the school library. |
|
322 |
Rep. Krummel |
Points out their belief that this had been addressed on the house side. Comments on the various amendments before the committee, prefers the measure as it was passed from the other chamber. |
|
345 |
Sen. Ringo |
Acknowledges the work done on the house side without opposition. Comments on the frustration of having all the opposition appear on the senate side. Points out that he favors the –A11 amendments. |
|
360 |
Chair Brown |
Closes the work session on HB 3090A. Opens a public hearing on SB 1041. |
|
SB 1041 – PUBLIC HEARING |
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|
363 |
Harris |
Explains the provisions of the measure. Observes that -6 (EXHIBIT H) and -7 (EXHIBIT I) amendments are before the committee. Comments on a letter received from Professor Merle Weiner that is now before the committee (EXHIBIT J). |
|
373 |
Sen. Avel Gordly |
Senate District 23. Testifies in favor of SB 1041. |
|
391 |
Sean Cruz |
Legislative Aid, Senator Avel Gordly. Hands out pamphlets and parental abduction booklet (EXHIBIT K). Testifies in favor of the measure with the proposed -7 amendments. |
|
TAPE 156, B |
||
|
015 |
Cruz |
Continues to discuss compromise exemptions within the measure. Relays his own experiences with the parental abduction of his children. |
|
049 |
Chair Brown |
Asks if he has seen the letter from Professor Merle Weiner. |
|
050 |
Cruz |
Replies he has. Questions Professor Weiner’s input. States she has been advocating reduction in the measure’s impact. |
|
058 |
Chair Brown |
Talks about the provision to enforce counseling. Observes that counseling only works when those involved want it to work. Asks about the intent of the provision. |
|
067 |
Cruz |
Clarifies the intent of that provision. Talks about the importance of providing some expert counseling to the affected parties. |
|
085 |
Chair Brown |
Raises the issue of counseling when domestic violence has been involved. |
|
091 |
Cruz |
States there is a provision to exempt domestic violence cases from the counseling requirement. |
|
095 |
Chair Brown |
Comments on the relating language in the measure. |
|
097 |
Cruz |
Replies he does not know how that relates to the counseling provision. |
|
099 |
Chair Brown |
Asks if the intent was to exclude families involved in domestic violence. |
|
103 |
Cruz |
Offers they are trying to narrow it down to the abduction issue. |
|
107 |
Sen. Gordly |
Summarizes some of the findings of interim task force on parental abductions. Relays the need for better education of judges in regard to ramifications of parental abductions. |
|
130 |
Chair Brown |
Asks about having a family member sheltering an abducted child being held liable under this measure. |
|
141 |
Cruz |
Feels that it falls under ‘affirmative defense’. |
|
146 |
Chair Brown |
Clarifies the intent. |
|
152 |
Cruz |
Offers that the intent is not necessarily to incarcerate the parent, but to make sure the children are returned. Notes that children are often neglected by a parent when abducted. |
|
171 |
Chair Brown |
Closes the public hearing on SB 1041. Opens a work session on HB 2828A. |
|
HB 2828A – WORK SESSION |
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|
178 |
Sen. Floyd Prozanski |
Senate District 4. Testifies in favor of the measure with the –A7 amendments (EXHIBIT L). Explains the provisions of the measure. Comments that the amendments clarify the “intent” of a murder. |
|
235 |
Chair Brown |
Asks about the change in the level of sentencing. |
|
240 |
Sen. Prozanski |
Clarifies the sentencing guidelines involved. |
|
245 |
Sen. Ringo |
Reiterates Sen. Prozanski is recommending the –A7 amendments. |
|
247 |
Sen. Prozanski |
Feels the –A7 amendments make appropriate changes. |
|
257 |
Sen. Ringo |
Offers his feelings about enforcement against a repeat offender. |
|
264 |
Sen. Prozanski |
Concurs that repeat offenders need to be taken off the street with harsher penalties. |
|
273 |
Sen. Shields |
Thanks Sen. Prozanski for his work on the –A7 amendments. |
|
280 |
Brad Berry |
Past President, Oregon District Attorney’s Association. Talks about current statutes already in place. States that these individuals repeatedly drive under the influence. Offers his concerns that the punishment would not be strong enough. |
|
327 |
Berry |
Comments on the severe problems with repeat offenders. |
|
338 |
Chair Brown |
Notes concerns raised over the large burden of proof requirement. |
|
352 |
Berry |
Replies that it would be easier to relate it to a felony murder. |
|
360 |
Sen. Ringo |
Wonders what the penalty is under the –A7 amendments. |
|
369 |
Berry |
Observes it would be a category 11 crime. Specifies the sentencing guidelines. |
|
381 |
Chair Brown |
Considers what the sentencing is under current law. |
|
384 |
Berry |
States it would be a category 10 crime. |
|
387 |
Steve Doell |
Crime Victims United. Feels Measure 11 does not provide a huge elevation of penalties in this scenario. Comments on the current definitions of “murder” even without intent. |
|
410 |
Doell |
Emphasizes the danger involved with people who repeatedly drive intoxicated. |
|
TAPE 157, B |
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|
003 |
Doell |
Relates that he was able to generate support from senate members for the current version of the measure. |
|
007 |
Sen. Prozanski |
States that legislative members requested he draft the –A7 amendments to provide an alternative. |
|
015 |
Sen. Shields |
Grapples with the difficulties presented by this measure. Offers his experience working with alcoholics and their delusions that they are okay to handle an automobile. Considers that a drunk driver killing someone is not the same as shooting someone intentionally. |
|
040 |
Doell |
Comments on other killings that occur when someone is intoxicated. Notes they are charged with intentional conduct even though they were intoxicated at the time. |
|
046 |
Sen. Ferrioli |
Clarifies the intent of the measure. Observes that they are discussing people that have already committed a crime. |
|
060 |
Sen. Prozanski |
States the specific prior criminal record required. |
|
067 |
Sen. Ferrioli |
Feels this is a addressing a serial crime that shows a lack of concern for others. |
|
074 |
Doell |
Discusses the prior convictions and treatment required for each offense before this measure comes into play. |
|
084 |
Chair Brown |
Closes the work session on HB 2828A. Opens a work session on HB 3494. |
|
HB 3494 – WORK SESSION |
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|
088 |
Sen. Ringo |
Summarizes the time spent trying to reach a compromise. Feels the -10 amendments provide the best option for moving this measure forward. |
|
100 |
Sen. Ferrioli |
Observes acknowledgement from the proponents of the measure that these amendments are acceptable. |
|
110 |
Sen. Ringo |
MOTION: Moves to ADOPT HB 3494-10 amendments dated 7/11/05. |
|
115 |
|
VOTE: 5-0-0 |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
120 |
Sen. Ringo |
MOTION: Moves HB 3494 to the floor with a DO PASS AS AMENDED recommendation. |
|
123 |
|
VOTE: 5-0-0 |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. RINGO AND SEN. WESTLUND will lead discussion on the floor. |
|
125 |
Chair Brown |
Closes the work session on HB 3494. Opens a work session on HB 3090A. |
|
HB 3090A – WORK SESSION |
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|
126 |
Sen. Ringo |
Summarizes the prior discussion. |
|
128 |
Sen. Ringo |
MOTION: Moves to ADOPT HB 3090A-A11 amendments dated 7/6/05. |
|
130 |
Chair Brown |
Makes additional comments and acknowledges a conference committee may be needed to reach a full compromise. |
|
133 |
|
VOTE: 3-2-0 AYE: 3 - Ringo, Shields, Brown NAY: 2 - Atkinson, Ferrioli |
|
|
Chair Brown |
The motion CARRIES. |
|
135 |
Sen. Ringo |
MOTION: Moves HB 3090A to the floor with a DO PASS AS AMENDED recommendation. |
|
137 |
|
VOTE: 4-1-0 AYE: 4 - Atkinson, Ringo, Shields, Brown NAY: 1 - Ferrioli |
|
|
Chair Brown |
The motion CARRIES. RINGO will lead discussion on the floor. |
|
140 |
Chair Brown |
Closes the work session on HB 3090A. Opens a public hearing on HB 2693A. |
|
HB 2693A – PUBLIC HEARING |
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|
145 |
Tiffany Harris |
Committee Administrator. Explains the provisions of the measure. |
|
175 |
Erin Hildebrandt |
Presents her written testimony in opposition to HB 2693A (EXHIBIT M). |
|
203 |
Chair Brown |
Wonders what prompted her move to Oregon. |
|
205 |
Hildebrandt |
States that she moved from Maryland because of her need for medical marijuana. |
|
214 |
Sen. Ferrioli |
Comments on the drug testing mentioned in her testimony. Wonders her concern for her husband’s drug test. |
|
220 |
Hildebrandt |
Discusses the means of using medical marijuana and not exposing other members of the family to it. Offers her concerns for her husband's proximity to her could lead him to test positive for trace amounts of marijuana. |
|
232 |
Jerry Wade |
Stormy Ray Cardholder’s Foundation. Presents Stormy Ray’s written testimony as she was unable to attend the meeting (EXHIBIT N). Advocates treating medical marijuana like any other prescription drug. |
|
270 |
Wade |
Feels that “drug free workplaces” discriminate against people with disabilities. |
|
300 |
Richard Bayer |
Doctor, Internal Medicine, Lake Oswego. Presents his written testimony (EXHIBIT O). Testifies in strong opposition to the measure, relating that it causes workplace discrimination for medical marijuana users. |
|
340 |
Bayer |
Details the provisions of the Oregon Medical Marijuana Act and how this measure goes against the will of the voters. States he did not get to testify in the house. |
|
368 |
Chair Brown |
Wonders why he didn’t testify in the house. |
|
370 |
Bayer |
Recalls that he signed up to testify on numerous occasions, but was never called to testify. |
|
376 |
Sen. Ringo |
Wonders where the –A3 amendments (EXHIBIT P) originated. |
|
378 |
Harris |
States she does not know who provided them. |
|
380 |
Sen. Ringo |
Asks if his testimony is centered on a specific set of amendments. |
|
383 |
Bayer |
Replies the he is speaking to the measure as it is before the committee. |
|
390 |
Sen. Ringo |
Considers the ability of employers to prevent the impairment of their employees. |
|
393 |
Bayer |
Provides explanation of the specific details of the measure that he objects to. States that no one supports impairment in the workplace. Observes three portions of the measure he has trouble with. |
|
TAPE 158, A |
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|
005 |
Bayer |
Concludes his testimony. |
|
010 |
Chair Brown |
Asks Ms. Trussell if Rep. March was okay with this version of the measure. |
|
030 |
Lisa Trussell |
Associated Oregon Industries (AOI). Replies that she does not know. Testifies in support of HB 2693A. Details the workplace concerns addressed by this measure. Provides a letter to the committee (EXHIBIT Q). |
|
070 |
Trussell |
Considers that there is no standardized test for judging impairment of a worker. States that without this measure they will have to litigate incidents by each individual case. |
|
093 |
Tom Gallagher |
Representing Cascade Steel Mills and Schnitzer Steel Industries. Notes that he represents people operating heavy machinery in a high risk environment. States that many workers are at risk and they need a method of regulating the use of medication. |
|
130 |
Joe Miller |
Safety and Loss Control Manager, Oregon Columbia Chapter of Associated General Contractors (AGC). Testifies in support of HB 2693A. Relates the safety hazards encountered in his line of work and how someone impaired could harm themselves or others. |
|
150 |
Sen. Shields |
Observes they are now operating as a subcommittee. |
|
152 |
Sen. Ringo |
States that this measure addresses all employment situations. |
|
160 |
Trussell |
Replies that it doesn’t just pertain to hazardous situations in the workplace. Points out the need to follow the federal drug free workplace. |
|
168 |
Sen. Ringo |
Provides a different example of a telemarketer. States that even if the marijuana use never occurs in the workplace a worker can be discriminated against. |
|
180 |
Gallagher |
Elaborates on the greater difficulties surrounding this issue in defining “impairment”. |
|
198 |
Sen. Ringo |
Considers why they wouldn’t focus the measure on hazardous occupations. |
|
207 |
Gallagher |
Wonders where they would draw the line between hazardous and not. Talks about any occupation involving driving. |
|
216 |
Trussell |
States that this does not prohibit people talking to the human resources department when they are taking medications. Notes some companies don’t have a drug policy at all. |
|
230 |
Sen. Shields |
Feels there should be a way to narrow the scope. |
|
245 |
David Fidanque |
America Civil Liberties Union (ACLU) of Oregon. Presents written testimony in opposition to the measure (EXHIBIT R). Talks about reasonable accommodation. |
|
290 |
Fidanque |
Comments on the other tests available for defining “impairment”. Relates the discrimination against marijuana users. |
|
320 |
Fidanque |
Urges the committee to leave this bill on the table and allow the courts time to deal with this issue. |
|
333 |
Alicia Williamson |
Patient Advocate. Relates her concerns against the measure. Talks about prescription drug users being accommodated, when medical marijuana user are often fired. |
|
353 |
Sen. Shields |
Observes this is a “one-size fits all” kind of a measure. Wonders about another approach. |
|
359 |
Williamson |
Offers her perspective medication use in the workplace and detecting it. |
|
375 |
Douglas Heuer |
Former employee, Cascade Steel Rolling Mills. Presents written testimony in opposition to HB 2693A (EXHIBIT S). |
|
410 |
Sen. Shields |
Considers how many employees at steel rolling mills are involved in potential dangerous work activities. |
|
412 |
Sen. Ringo |
Wonders what the impact of the measure if it was reduced to only subsection 2C. |
|
TAPE 159, A |
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|
005 |
Fidanque |
Replies that he does not have problems with the principal of that subsection, but fears too many employers do not understand the testing methods. |
|
011 |
Sen. Ringo |
Relates they should be offered other testing tools. |
|
014 |
Fidanque |
Reiterates the intent of drafting the original act. |
|
020 |
Sen. Ringo |
Considers the current medical marijuana law. Wonders if it requires an employer to provide reasonable accommodation. |
|
024 |
Fidanque |
Offers his understanding of current disability laws. |
|
The following material is submitted for the record without public testimony: |
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|
|
Kathleen Nishimoto |
Human Resources Director, Duckwall-Pooley Fruit Company. Submits a letter in support of HB 2693A (EXHIBIT T). |
|
|
Rick Howell |
Columbia Forest Products. Submits written testimony (EXHIBIT U). |
|
|
Scott Cliff |
Attorney, Ambugery and Rubin, P.C. (EXHIBIT V) |
|
|
Jeffrey Chicoine |
Newcomb, Sabin, Schwartz & Landsverk, LLP. Submits testimony and a summary of the Washburn decision (EXHIBIT W). |
|
|
Max Williams |
Oregon Department of Corrections. Submits written testimony (EXHIBIT X). |
|
032 |
Sen. Shields |
Closes the public hearing on HB 2693A. Opens a public hearing on HB 2056A. |
|
HB 2056A – PUBLIC HEARING |
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|
040 |
Sen. Shields |
Observes that there is a –A3 amendment (EXHIBIT Y). |
|
050 |
Bill Perry |
Oregon Restaurant Association. Presents written testimony in favor of HB 2056A (EXHIBIT Z). |
|
090 |
Perry |
Discusses the ordinances enacted to go after specific organizations when agreements had already been worked out to solve the problem. |
|
120 |
Bill Linden |
Oregon Restaurant Association and 7-Eleven, Inc. Testifies in favor of HB 2056A. Relates the current conflicts between city ordinances and licensees. |
|
150 |
Linden |
Offers an example of holding a store accountable for the actions of individual outside of the store. |
|
170 |
Sen. Ringo |
Considers if the regulation is focused on one incident or repeat conduct. |
|
177 |
Linden |
Replies that it addresses the problem of street drinking. Feels that a store owner cannot control what a person does with purchased alcohol after they leave the store. |
|
193 |
Sen. Ringo |
Wonders if he is concerned with a store like 7-Eleven being shut down. |
|
195 |
Linden |
Responds that they could restrict the hours of operation through a city ordinance. |
|
214 |
Marge Kafoury |
City of Portland. Opposes section 5 of the measure. Talks about the difficulty of enforcing ordinances. Points out that they provided the –A3 amendments. Provides a written packet of testimony (EXHIBIT AA). |
|
234 |
Jimmy Brown |
Director, Office of Neighborhood Involvement, City of Portland. Relates the need for an ordinance to keep the livability of a neighborhood. Notes they are not trying to force establishments out of business. |
|
275 |
J. Brown |
Expresses the need to have this ordinance to keep a semblance of order in city neighborhoods. Clarifies that three definable incidents have to occur before action can be taken. |
|
310 |
Kafoury |
Notes the contents of the packet previously handed out. |
|
340 |
Ben Walters |
Deputy City Attorney, City of Portland. Testifies in favor of the –A3 amendments to the measure. |
|
380 |
Walters |
Continues to discuss the history of the ordinance currently in place. |
|
392 |
Sen. Shields |
Observes that the proponents state that section 5 codifies court ruling. |
|
401 |
Walters |
States that if this was the case the proponents should go back to the court for additional clarifications. |
|
420 |
Sen. Shields |
Relays his own experiences of living near a noisy establishment. |
|
TAPE 158, B |
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|
012 |
Paul Romain |
Oregon Beer and Wine Distributors Association. Testifies in favor of the measure as amended by the house. Talks about the problems faced by their industry. |
|
045 |
Romain |
States that they have no control over what people do outside of their establishment. |
|
The following material is submitted for the record without public testimony: |
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|
|
Rep. Gary Hansen |
House District 44. Submits written testimony in opposition to HB 2056 (EXHIBIT BB). |
|
053 |
Sen. Ringo |
Closes the public hearing on HB 2056A. Opens a public hearing for executive appointments. |
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EXECUTIVE APPOINTMENT – PUBLIC HEARING STATE COMMISSION ON CHILDREN AND FAMILES – APPOINTMENT OF JEAN PHELPS (See Exhibit N of July 7 Committee Minutes) |
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|
077 |
Jean Phelps |
Testifies via phone. Expresses reasons for why she is qualified for the position. |
|
091 |
Sen. Ringo |
Thanks her for her willingness to serve in this position. |
|
097 |
Phelps |
Discusses her hopes to improve the efficiency and impact of those services. |
|
099 |
Sen. Ringo |
Closes the public hearing on executive appointments. Adjourns the committee at 4:13 p.m. |
EXHIBIT SUMMARY
A. HB 3494, -6 amendments, staff, 4 pp
B. HB 2062, -A2 amendments, staff, 3 pp
C. HB 3469, -A2 amendments, staff, 1 p
D. HB 2525A, Written testimony, Bob Joondeph, 1 p
E. HB 2525A, -A6 amendments, staff, 2 pp
F. HB 3090A, -A11 amendments, staff, 2 pp
G. HB 3090A, -A12 amendments, staff, 2 pp
H. SB 1041, -6 amendments, staff, 3 pp
I. SB 1041, -7 amendments, staff, 3 pp
J. SB 1041, Written testimony, Merle Weiner, 3 pp
K. SB 1041, Parental abduction informational material, Sean Cruz, 7 pp and 4 pamphlets
L. HB 2828A, -A7 amendments, staff, 2 pp
M. HB 2693A, Written testimony, Erin Hildebrandt, 3 pp
N. HB 2693A, Written testimony, Jerry Wade, 1 p
O. HB 2693A, Written testimony, Richard Bayer, 8 pp
P. HB 2693A, -A3 amendments, staff, 1 p
Q. HB 2693A, Written testimony, Lisa Trussell, 1 p
R. HB 2693A, Written testimony, David Fidanque, 1 p
S. HB 2693A, Written testimony, Douglas Heuer, 1 p
T. HB 2693A, Written testimony, Kathleen Nishimoto, 1 p
U. HB 2693A, Written testimony, Rick Howell, 2 pp
V. HB 2693A, Written testimony, Scott Cliff, 2 pp
W. HB 2693A, Written testimony, Jerry Chicoine, 12 pp
X. HB 2693A, Written testimony, Max Williams, 1 p
Y. HB 2056A, -A3 amendment, staff, 1 p
Z. HB 2056A, Written testimony, Bill Perry, 3 pp
AA. HB 2056A, Written testimony packet, Marge Kafoury, 13 pp
BB. HB 2056A, Written testimony, Rep. Gary Hansen, 3 pp