TAPE/#

Speaker

Comments

TAPE 179, A

003

Chair Brown

Calls the meeting to order at 4:04 p.m.  Opens the work session on HB 2157C.

HB 2157C – PUBLIC HEARING

011

Rep. Vicki Berger

House District 20. Chair, House General Government Committee.  Explains that HB 2157C begins to address protecting the public in the hiring of employees who have access to confidential information and the potential for harm. There are issues of civil liberties. This bill attempts to determine on an agency-by-agency basis who should get a background check.

035

Rep. Kevin Cameron

House District 19. States that an interim work group has been requested to address this issue on a continual basis.

058

Rep. Cameron

Notes that Section 2 outlines the process for state agencies and clarifies that the State Police are the stop gap for fingerprint records.

085

Kevin Neely

Department of Justice, Representing Attorney General Hardy Meyers. States that this bill has gone through a lot of work and is an important bill addressing public safety.

090

Patricia Whitfield

Section Director, Oregon State Police. Submits prepared testimony in support of HB 2157C (EXHIBIT A). States that Section 2 streamlines and consolidates the process for non-criminal background checks. Notes that the Federal Bureau of Investigation (FBI) approves           HB 2157C.

114

Randy Harnish

Department of Education. Explains that this bill removes the $42 cap per applicant and allows them to set the fees by administrative rule. Notes that without the bill, their cost for this information is $16,000 per month.  

128

Chair Brown

Announces there are conflict amendments on HB 2157C that will be ready on Friday.

131

Andrea Meyer

Legislative Director, American Civil Liberties Union (ACLU) of Oregon. Submits and reads prepared testimony expressing concerns with HB 2157C and providing background information on the use of criminal background checks (EXHIBIT B). Reviews Section 2 and the increased number of background checks under HB 2157C.

203

Meyer

Continues to review concerns. Notes that the – C22 amendments address the ACLU’s concerns in Section 71 (EXHIBIT C). Expresses concern about the exclusion of the Oregon State Lottery.

238

Chair Brown

Closes the public hearing on HB 2157C and opens the work session on HB 3352B.

HB 3352B – WORK SESSION

284

Sen. Atkinson

MOTION:  Moves HB 3352B to the floor with a DO PASS recommendation.

288

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

305

Chair Brown

Closes the work session on HB 3352B and opens the public hearing on SB 2461B.

SB 2461B – PUBLIC HEARING

307

Tiffany Harris

Committee Administrator. Explains the provisions of SB 2461B.

313

Phil Miles

Chief Deputy County Clerk, Marion County. Representing the Association of County Clerks. Submits prepared testimony in support of HB 2461B (EXHIBIT D). Explains there have been instances where the notary has made substantial errors to the document. States the bill is needed to provide education.

343

Sen. Atkinson

Asks how often is training done and who administers it.

368

Miles

Answers once a year and he believes it can be done with existing funds.

380

Chair Brown

Notes there is no fiscal impact statement.

383

Peter Threlkel

Director, Corporation Division, Secretary of State. Explains that training is currently provided on a voluntary basis. Explains the options that are available to meet the requirements of a mandate.

391

Sen. Ringo

Speculates that a large corporation would have notaries that have the knowledge of what they are doing.

411

Miles

Responds that this is not true and describes a recent occurrence where more than half of 75 Satisfaction of Mortgage documents were rejected because the documents were not the originals.

TAPE 180, A

013

Sen. Ferrioli

Relays a personal experience of problems that are created when a substantial error is made by a Notary Public.

Testimony submitted via E-mail without public testimony by Yamhill County Clerk Jan Coleman, (EXHIBIT E).

033

Chair Brown

Closes the public hearing on HB 2461B and opens the work session on HB 2461B.

HB 2461B - WORK SESSSION

034

Sen. Ferrioli

MOTION:  Moves HB 2461B to the floor with a DO PASS recommendation.

040

VOTE:  3-2-0

AYE:               3 - Ferrioli, Shields, Brown

NAY:               2 - Atkinson, Ringo

044

Chair Brown

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

045

Chair Brown

Closes the work session on HB 2461B and opens the work session on HB 3238A.

HB 3238A – WORK SESSION

047

Chair Brown

Requests an overview of the –A18 amendments.

050

Patrick Allen

Manager, Office of Regulatory Streamlining, Department of Consumer and Business Services (DCBS). Submits a summary of HB 3238A with the –A18 amendments which removes the language relative to legislative review of rules and waiver of rules (EXHIBIT F).  Adds that the -A20 amendments remove the emergency clause           (EXHIBIT G).

070

John DiLorenzo, Jr.

Oregonians for Sound Economic Policy. Compares the –A19 and –A20 amendments (EXHIBIT G) and explains that the –A20 amendments are preferred to the –A19 because of the deletion of the emergency clause; otherwise they are identical. Reviews the provisions of the amendments.

084

Shawn Miller

Liberty Northwest Insurance. Notes that this bill was SB 984 which passed the Senate General Government Committee and the Senate Floor. States for the record they did not get approval on the language from House Leadership.

102

Chair Brown

Asks if the State Accident Insurance Fund Corporation (SAIF) testified in opposition to SB 984.

104

Sen. Shields

Responds there were concerns about the insurance pool portion of SB 984 that is not included in HB 3238A.

108

Sen. Vicki Walker

Senate District 7. States that SAIF Corp. testified on March 3, 2005 regarding the tax status issue in SB 984.

120

Chris Davie

SAIF Corp. Responds that SAIF Corp. testified to the House committee that SB 984 was not necessary because the Department of Consumer and Business Services (DCBS) already have authority for directing the workers’ compensation system. Refers to Subsection 2 of the amendments noting that private insurance companies believe it would be a disincentive in the marketplace.  

150

Sen. Ringo

Notes that the second paragraph (-A19, Section 11) says “may adopt rules” and asks if this is a problem.

151

Davie

Responds that it leaves the discretion to the director.

154

Sen. Shields

Recalls that Senator Frank Morse raised the issue of why the assigned risk pool was so large. Inquires to understand why the bill was taken apart on the House side.

165

Davie

Responds that this has to do with the way insurance companies’ price their business and does not affect the assigned risk program.

182

Sen. Walker

Disagrees. States the bill is aimed at ensuring that everyone has fair rates, fair access to the system, and the application of objective criteria.

191

Davie

Responds that there was language in a previous version of the bill relative to rating criteria that is not in this amendment.

191

Sen. Walker

Recalls that when SB 984 was in the Senate General Government Committee on June 2, 2005 there was no opposition stated at that time. Asks what changed on the House side.

207

Davie

Responds that his recollection is that there was no testimony on the amendments that were ultimately amended into SB 984.

215

Sen. Walker

Notes that Jack Monroe and Cory Streisinger testified. Inquires whether Mr. Campbell is a contract lobbyist for SAIF.

217

Davie

Answers affirmatively.

218

Sen. Walker

Asks is the contract cancelable.

219

Davie

Answers the contract has an expiration date.

232

Sen. Walker

Asks did SAIF Corporation order its contract lobbyist to kill SB 984 on the House side and any amendment on the Senate side.

238

Davie

Answers that SAIF expressed their position to the lobbyist who spoke to members of the House. Notes that he (Mr. Davie) was not present during those discussions.

241

Sen. Walker

States there was an agreement to accept the amendments and now there is not. Asks if the contract lobbyist was involved in this.

243

Davie

Answers he is unaware of agreements that do or do not exist.

250

Sen. Walker

Expresses disappointment.

258

Chair Brown

MOTION:  Moves to ADOPT HB 3238 -A18 amendments dated 7/14/05.

259

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

263

Sen. Brown

MOTION:  Moves HB 3238A to the floor with a DO PASS AS AMENDED recommendation.

272

Sen. Ringo

Shares Sen. Walker’s concerns about accountability and believes this will be an on-going issue. Hopes that SAIF aggressively responds to these concerns.

270

Sen. Shields

Joins Sen. Ringo in expressing concern that SAIF did not answer the questions.

273

VOTE:  4-1-0

AYE:               4 - Ferrioli, Ringo, Shields, Brown

NAY:               1 - Atkinson

Chair Brown

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

279

Chair Brown

Closes the work session on HB 3238A and opens the public hearing on HB 2668.

HB 2668 – PUBLIC HEARING

281

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2668.

288

Chair Brown

Opens the public hearing on HB 3121A.

HB 3121A – PUBLIC HEARING

288

Sen. Floyd Prozanski

Senate District 4. Submits a statement in support of HB 2668 on behalf of the Douglas County Planning Department (EXHIBIT H). Explains the bill will streamline the process for utilizing adjacent lots for industrial, commerce or commercial use when a change to the interior lot line is needed.

320

Sen. Prozanski

Submits a statement in support of HB 3121 on behalf of the Douglas County Planning Department (EXHIBIT I). Explains the provisions in the bill that will establish the “Junk Slip” program for abandoned or junk vehicles.

385

Chair Brown

Notes there are –A3 conflict amendments to HB 3121 (EXHIBIT J).

389

Chair Brown

Closes the public hearings on HB 2668 and HB 3121A and opens the work session on HB 2668.

HB 2668 – WORK SESSION

391

Chair Brown

MOTION:  Moves HB 2668 to the floor with a DO PASS recommendation.

392

VOTE:  5-0-0

EXCUSED:  2 - Atkinson, Ringo (see tape 180B #308)

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

393

Chair Brown

Closes the work session on HB 2668 and opens the work session on HB 3121A.

HB 3121A – WORK SESSION

395

Chair Brown

MOTION:  Moves to ADOPT HB 3121-A3 amendments dated 7/27/05.

396

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

398

Chair Brown

MOTION:  Moves HB 3121A to the floor with a DO PASS AS AMENDED recommendation.

399

VOTE:  5-0-0

EXCUSED:  2 - Atkinson, Ringo (see tape 180B #308)

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

404

Chair Brown

Closes the work session on HB 3121A and opens the work session on SB 640. Notes there are witnesses to speak to the bill.

TAPE 179, B

SB 640 – WORK SESSION

011

Walt Beglau

District Attorney, Marion County. On behalf of the Oregon District Attorney’s Association states support for SB 640.

018

Robin Freeman

Oregon Department of Transportation (ODOT). Suggests changing the language in the –A18 amendments Section 7(3)(b) deleting “biometric data of the operator” to “the operators identity” (EXHIBIT K).            

037

Chair Brown

Asks for information on Section 12 regarding competitive bidding.

044

Tom McCluellan

Interim Administrator, Driver and Motor Vehicle Services. States there is currently a contract with Digimarc. Section 12 will allow for amending the contract to do the facial recognition and extend the length of the contract.

053

Sen. Shields

Refers to a note from the Service Employees Union that requests the removal of Section 12.

062

Freeman

Explains that there are only two companies that do this work in the United States.

068

Jessica Stevens

Service Employees International Union (SEIU) Local 503. Submits prepared testimony in opposition to Section 12 (EXHIBIT L). Expresses concern about the implementation of the technology. Suggests an outline of the parameters that determine if contracts need to be changed, addressed, modified or extended and states the process should include public input and accountability.  

108

David Fidanque

Executive Director, American Civil Liberties Union (ACLU) of Oregon. Submits and reads prepared testimony in opposition to SB 640 (EXHIBIT M).

150

Fidanque

Elaborates on the shortcomings of facial recognition technology. Discusses how the verification rate drops as the size of the database increases.

180

Chair Brown

Acknowledges Mr. Fidanque’s concerns. Comments on the identity thief issue in Oregon. Asks if the centralized system would address the false identity issue.

208

Fidanque

Replies in support of moving toward preventing multiple licenses with different names. Discusses concern with signatures.

215

Chair Brown

Asks if he favors a signature identification process over a photo.

218

Fidanque

Answers a photo is important; believes it is the facial recognition software that is unreliable. Suggests implementing visual comparisons of the photo on record to the person applying for renewal or replacement.

233

Sen. Ringo

Asks what civil liberties concerns does ACLU have with the bill.

243

Fidanque

Expresses the concern is over the potential invasion of privacy by expanding the DMV database that might not be secure.

253

Sen. Ringo

States that this will not eliminate identity theft, but will slow it down.

259

Fidanque

Discusses the insecurity of personal identifiers in a database.  Notes recent database compromises of financial institutions and credit bureaus. 

285

Sen. Ferrioli

Notes that people will not be asked to provide any information they are not already providing. Comments on the value of having the ability to compare photographic biometric data to prevent the issuance of false identification.

349

Fidanque

Agrees that facial recognition will be a valuable tool. Believes the technology will present more problems than it will solve.

377

Chair Brown

Summarizes Mr. Fidanque’s concerns with a comparison of airport searches. 

397

Mike Dewey

Digimarc.  Discusses digital imaging in a controlled environment. Notes that states are moving in this direction.

TAPE 180, B

006

Chair Brown

Asks which states are using this technology.

008

Dewey

Answers Kansas, Colorado, Massachusetts, Alabama, Illinois, Connecticut, Oklahoma. Texas and Virginia are being bid. Discusses central issuance, accuracy and function of the technology.

025

Sen. Ringo

Asks about making the use of this technology optional.

031

Dewey

Responds it would be up to the legislature.

038

Sen. Ringo

Asks if there is currently anything in statute that prevents this from happening now.

042

Dewey

Answers yes, the terms of the contract are a per card basis.

044

Freeman

Oregon Department of Transportation (ODOT). Explains that ODOT does not have a position on this, the policy decision rests with the legislature.

057

Chair Brown

Asks what is “biometric”.

055

Dewey

Explains in this circumstance “biometric” is facial recognition.

067

Sen. Ferrioli

Explains it is the algorithm that is created from the measurements taken on the photograph. The algorithm is converted to numbers which can be searched and produce a photo for comparison.

077

Dewey

Adds that the department can decide what the match is going to be.

079

Chair Brown

Refers to Section 12 and asks if it would be difficult for Digimarc to comply without this section.

087

Freeman

Answers yes, ODOT would not be able to extend the contract.

090

Chair brown

Closes the public hearing on SB 640.  Opens a work session on executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

OREGON STATE LOTTERY COMMISSION  - APPOINTMENT OF PAMELA FOGG                    (see Exhibit C of tape log dated July 25, 2005)

110

Chair Brown

MOTION:  Moves the APPOINTMENT of Pamela Fogg to the Oregon State Lottery Commission to the floor with the recommendation that the appointment BE CONFIRMED.

100

Sen. Ringo

Expresses concern with Ms. Fogg’s testimony and would like to speak with her directly before moving forward.

113

Sen. Shields

Adds that Ms. Fogg’s answers were unclear.

125

Sen. Ferrioli

Comments that her answers indicate there are no preconceptions and notes that she is CPA.

140

Chair Brown

States that she would like to move forward due to the lateness of session.

147

Sen. Ringo

Asks if there is a vacancy that requires immediate occupancy for the commission to function.

142

Nancy Goss-Duran

Governor’s Office. Answers there is a vacancy for the designated CPA and explains why there is a concern.

145

Sen. Ringo

Asks how often the Lottery Commission meets.

147

Goss-Duran

Answers every month for approximately four hours.

149

Sen. Ringo

Acknowledges the need to be careful. States that he will be a no vote because he needs to understand Ms. Fogg’s position on gambling.

168

Chair Brown

Responds with stating belief in Ms. Fogg’s qualifications as a CPA.

VOTE:  3-2-0

AYE:               3 - Ferrioli, Shields, Brown

NAY:               2 - Atkinson, Ringo

Chair Brown

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

HOME CARE COMMISSION –  APPOINTMENT OF SCOTT LAY  (see Exhibit E of tape log dated July 25, 2005)

186

Chair Brown

MOTION:  Moves the APPOINTMENT of Scott Lay to the Home Care Commission to the floor with the recommendation that the appointment BE CONFIRMED.

188

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

OREGON COMMISSION FOR VOLUNTARY ACTION AND SERVICE – APPOINTMENTS OF MATTHEW FISHER, TED WHEELER AND BETH FOX AND APPOINTMENT AND REAPPOINMENT OF  JACK LORTS (see Exhibit F of tape log dated July 25, 2005)

189

Chair Brown

MOTION:  Moves the APPOINTMENTS of Matthew Fisher, Jack Lorts, Ted Wheeler and Beth Fox and the REAPPOINTMENT of Jack Lorts to the Oregon Commission for Voluntary Action and Service to the floor with the recommendation that the appointments and reappointment BE CONFIRMED EN BLOC.

192

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENT OF PEGGY MILLER              (see Exhibit G of tape log dated July 25, 2005)

194

Chair Brown

MOTION:  Moves the APPOINTMENT of Peggy Miller to the State Workforce Investment Board to the floor with the recommendation that the appointment BE CONFIRMED.

196

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

TEACHERS STANDARDS AND PRACTICES COMMISSION – APPOINTMENT AND REAPPOINTMENT OF MARIO ALBA  (see Exhibit D of tape log dated July 25, 2005)

198

Chair Brown

MOTION:  Moves the APPOINTMENT and REAPPOINTMENT of Mario Alba to the Teacher Standards and Practices Commission to the floor with the recommendation that the appointment and reappointment BE CONFIRMED.

200

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

ENERGY FACILITY SITING COUNCIL – REAPPOINTMENT OF MARTHA DIBBLEE                      (see Exhibit H of tape log dated July 25, 2005)

202

Chair Brown

MOTION:  Moves to waive the appearance of and the REAPPOINTMENT of Martha Dibblee to the Energy Facility Siting Council to the floor with the recommendation that the reappointment BE CONFIRMED.

202

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

FAIR DISMISSAL APPEALS BOARD – REAPPOINTMENTS OF CAROLYN RAMEY and BOB WEIL  (see Exhibit I of tape log dated July 25, 2005)

204

Chair Brown

MOTION:  Moves to waive the appearances of and the REAPPOINTMENTS of Carolyn Ramey and Bob Weil to the Fair Dismissal Appeals Board to the floor with the recommendation that the reappointments BE CONFIRMED EN BLOC.

205

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

OREGON RACING COMMISSION –  REAPPOINTMENT OF TODD THORNE                                     (see Exhibit J of tape log dated July 25, 2005)

207

Chair Brown

MOTION:  Moves to waive the appearance of and the REAPPOINTMENT of Todd Thorne to the Oregon Racing Commission to the floor with the recommendation that the reappointment BE CONFIRMED.

207

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

OREGON TRANSPORTATION COMMISSSION –  REAPPOINTMENT OF STUART FOSTER         (see Exhibit K of tape log dated July 25, 2005)

209

Chair Brown

MOTION:  Moves to waive the appearance of and the REAPPOINTMENT of Stuart Foster to the Oregon Transportation Commission to the floor with the recommendation that the reappointment BE CONFIRMED.

214

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

STATE BOARD OF HIGHER EDUCATION – REAPPOINTMENT OF JOHN von SCHLEGELL          (see Exhibit L of tape log dated July 25, 2005)

216

Sen. Brown

MOTION:  Moves to waive the appearance of and the REAPPOINTMENT of John von Schlegell to the State Board of Higher Education to the floor with the recommendation that the reappointment BE CONFIRMED.

217

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

223

Chair Brown

Closes the work session on executive appointments. Recesses the committee for ten minutes at 5:45 p.m.

224

Chair Brown

Calls the meeting back to order at 6:00 p.m. Opens a work session on SB 640.

SB 640 – WORK SESSION

210

Chair Brown

Asks Mr. McCluellan if the -19 amendments address the concerns stated earlier (EXHIBIT N).

231

Tom McCluellan

Responds affirmatively.

237

Chair Brown

Reads page six, lines two through four.

238

Chair Brown

Asks if the language in Section 12 regarding the contract will have an impact on employees.

223

McCluellan

Answers a negative affect is not anticipated on employees.

231

Sen. Shields

Asks about pictures being required every four years rather than every eight years.

234

McCluellan

Replies they do not anticipate changing the eight year requirement.

264

Sen. Ferrioli

MOTION:  Moves to ADOPT SB 640-19 amendments dated 7/27/05 (EXHIBIT N).

265

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

270

Sen. Ferrioli

MOTION:  Moves SB 640 to the floor with a DO PASS AS AMENDED recommendation.

272

Chair Brown

VOTE:  5-0-0

AYE:               5 - Atkinson, Ferrioli, Ringo, Shields, Brown

Chair Brown

The motion CARRIES.

SEN. WINTERS will lead discussion on the floor.

288

Chair Brown

Closes the work session on SB 640.  Opens a work session on HB 2668 and HB 3121.

HB 2668 AND HB 3121 - WORK SESSION

308

Sen. Atkinson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON and SEN. RINGO to BE RECORDED as voting AYE on Chair Brown’s motions to move HB 2668 to floor with a DO PASS recommendation and HB 3121A to the floor with a DO PASS AS AMENDED recommendation.

Chair Brown

Hearing no objection, declares the motion CARRIED.

310

Sen. Atkinson

Votes AYE on HB 2668 and HB 3121A.

Sen. Ringo

Votes AYE on HB 2668 and HB 3121A.

316

Chair Brown

Closes the work session on HB 2668 and HB 3121A and adjourns the meeting at 6:04 p.m.