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

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)

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)

040

Sarah Owens

Provides an overview of her background work on the appeals board.  States her qualifications for being appointed to the board.

STATE COMMISSION ON CHIDLREN AND FAMILIES – APPOINTMENT OF REBECCA HERNANDEZ  (See Exhibit N of July 7 Committee Minutes)

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)

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)

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

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

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

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

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.

EXECUTIVE APPOINTMENT – PUBLIC HEARING

STATE MARINE BOARD – APPOINTMENT OF RICHARD ALLEN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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:

 

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

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

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:

 

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.

EXECUTIVE APPOINTMENT – PUBLIC HEARING

STATE COMMISSION ON CHILDREN AND FAMILES – APPOINTMENT OF JEAN PHELPS  (See Exhibit N of July 7 Committee Minutes)

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