______SEVENTY-THIRD LEGISLATIVE ASSEMBLY-2005 REGULAR SESSION______5

OFFICERS OF THE SENATE

PETER COURTNEY, President , President Pro Tempore

JUDY HALL, Secretary of the Senate

SENATE CAUCUS LEADERS

KATE BROWN, Majority Leader TED FERRIOLI, Republican Leader ALAN BATES, Deputy Majority Leader JACKIE WINTERS, Deputy Republican Leader RICHARD DEVLIN, Deputy Majority Leader , Assistant Deputy Republican Leader CHARLIE RINGO, Majority Whip , Assistant Deputy Republican Leader , Assistant Majority Leader FRANK MORSE, Assistant Deputy Republican Leader LAURIE MONNES ANDERSON, Assistant Majority Leader , Assistant Majority Leader FRANK SHIELDS, Assistant Majority Leader , Assistant Majority Leader

SENATE DESK PERSONNEL

ROBIN WILTON, Publications Coordinator CHRISTOPHER HAMPTON, Reading Clerk CYNDY JOHNSTON, Calendar Composer

CERTIFICATE OF APPROVAL

We, the undersigned, having supervised the revision of the Journal and Status Report of the Senate covering the Regular Session of the Seventy-third Legislative Assembly, hereby certify that such Journal and Status Report are correct to the best of our information and belief.

PETER COURTNEY President of the Senate

JUDY HALL Secretary of the Senate SEVENTY-THIRD LEGISLATIVE ASSEMBLY – 2005 REGULAR SESSION 7

SENATORS’ ADDRESSES

Atkinson, Jason ...... P.O. Box 1704, Grants Pass, OR 97528 ...... Rep ...... 2 Bates, Alan...... 344 E. Ashland Lane, Ashland, OR, 97520...... Dem...... 3 Beyer, Roger...... 39486 S. Cooper Rd., Molalla, OR 97038 ...... Rep ...... 9 Brown, Kate ...... 900 Court St. NE, S-323, Salem, OR 97301 ...... Dem...... 21 Burdick, Ginny...... 4641 SW Dosch Rd., Portland, OR 97239 ...... Dem...... 18 Carter, Margaret ...... P.O. Box 3722, Portland, OR 97208 ...... Dem...... 22 Courtney, Peter...... 900 Court St. NE, S-203, Salem, OR 97301...... Dem...... 11 Deckert, Ryan ...... P.O. Box 2247, Beaverton, OR 97075...... Dem...... 14 Devlin, Richard...... 10290 SW Anderson Ct., Tualatin, OR 97062 ...... Dem...... 19 (1) Dukes, Joan...... 900 Court St. NE, S-318, Salem, OR 97301...... Dem...... 16 Ferrioli, Ted ...... 900 Court St NE, S-223, Salem, OR 97301 ...... Rep ...... 30 George, Gary ...... 15195 NE Ribbon Ridge Rd., Newberg, OR 97132...... Rep ...... 12 Gordly, Avel ...... 10809 NE Fremont, Portland, OR 97220...... Dem...... 23 (2) Johnson, Betsy...... P.O. Box R, Scappoose, OR, 97056...... Dem...... 16 Kruse, Jeff...... 636 Wild Iris Lane, Roseburg, OR, 97470 ...... Rep...... 1 Metsger, Rick ...... P.O. Box 287, Welches, OR 97067 ...... Dem...... 26 Monnes Anderson, Laurie...... P.O. Box 1531, Gresham, OR, 97030...... Dem...... 25 Morrisette, Bill...... 348 G Street, Springfield, OR 97477...... Dem...... 6 Morse, Frank...... 221 NW 2nd St., Corvallis, OR 97330 ...... Rep ...... 8 Nelson, David...... 1407 NW Horn Avenue, Pendleton, OR 97801...... Rep ...... 29 Prozanski, Floyd...... P.O. Box 11511, Eugene, OR, 97440...... Dem...... 4 Ringo, Charlie ...... 4085 SW 109th Avenue, Beaverton, OR 97005 ...... Dem...... 17 Schrader, Kurt ...... 900 Court St. NE., S-209, Salem, OR, 97301...... Dem...... 20 Shields, Frank...... 7802 SE 111th Avenue, Portland, OR 97266 ...... Dem...... 24 Starr, Bruce...... 22115 NW Imbrie Dr. #290, Hillsboro, OR 97124...... Rep ...... 15 Starr, Charles ...... 8330 SW River Rd., Hillsboro, OR 97123...... Rep ...... 13 Verger, Joanne...... 2285 N 13th Ct., Coos Bay, OR, 97420...... Dem...... 5 Walker, Vicki ...... P.O. Box 10314, Eugene, OR 97440 ...... Dem...... 7 Westlund, Ben...... 20590 Arrowhead Drive, Bend, OR 97701...... Rep ...... 27 Whitsett, Doug...... 23131 North Poe Valley Rd., Klamath Falls, OR, 97603...... Rep...... 28 Winters, Jackie ...... P.O. Box 126, Salem, OR 97308 ...... Rep ...... 10

Democrats – 18 Republicans – 12

(1) Resigned 1/16/05 (2) Sworn-in 1/20/05

8 SEVENTY-THIRD LEGISLATIVE ASSEMBLY-2005 REGULAR SESSION

SENATE SESSION SEATING CHART

1-Courtney 11-Ringo 21-Devlin 2-Metsger 12-Shields 22-Beyer 3-Gordly 13-Schrader 23-Atkinson 4-Verger 14-Westlund 24-Morrisette 5-Burdick/Johnson* 15-Prozanski 25-Dukes/Burdick* 6-Carter 16-Morse 26-George 7-Monnes Anderson 17-Kruse 27-Brown 8-Bates 18-Starr, B. 28-Ferrioli 9-Whitsett 19-Deckert 29-Nelson 10-Winters 20-Walker 30-Starr, C.

*Reassigned 1/20/05 SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION 9

SENATE STANDING COMMITTEE MEMBERSHIP

BUSINESS AND ECONOMIC HUMAN SERVICES— DEVELOPMENT— , Chair Rick Metsger, Chair Jeff Kruse, Vice-Chair Bruce Starr, Vice-Chair Rick Metsger Jason Atkinson Laurie Monnes Anderson Ryan Deckert Charles Starr Laurie Monnes Anderson JUDICIARY— COMMERCE— , Chair Floyd Prozanski, Chair Charles Starr, Vice-Chair Roger Beyer, Vice-Chair Roger Beyer Ginny Burdick Floyd Prozanski Charlie Ringo Charlie Ringo Doug Whitsett EDUCATION AND WORKFORCE— Vicki Walker, Chair REVENUE— Charles Starr, Vice-Chair Ryan Deckert, Chair Ryan Deckert Bruce Starr, Vice-Chair (discharged Jeff Kruse 1/20/05) Bill Morrisette Charles Starr, Vice-Chair (appointed 1/20/05) ENVIRONMENT AND LAND USE— Gary George Charlie Ringo, Chair Rick Metsger Jason Atkinson, Vice-Chair Floyd Prozanski Roger Beyer Ginny Burdick RULES— Frank Shields , Chair GENERAL GOVERNMENT— Ted Ferrioli, Vice-Chair Frank Shields, Chair Jason Atkinson Gary George, Vice-Chair Charlie Ringo Bruce Starr Frank Shields Joanne Verger Vicki Walker TRANSPORTATION— Joanne Verger, Chair Doug Whitsett, Vice-Chair HEALTH POLICY— Rick Metsger Laurie Monnes Anderson, Chair Floyd Prozanski Jeff Kruse, Vice-Chair Bruce Starr Peter Courtney Gary George Bill Morrisette

10 SEVENTY-THIRD LEGISLATIVE ASSEMBLY-2005 REGULAR SESSION

SENATE STANDING COMMITTEE MEMBERSHIP

WAYS AND MEANS— Subcommittee on Transportation Kurt Schrader, Co-Chair and Economic Development— Margaret Carter, Vice-Chair Margaret Carter Alan Bates Joan Dukes (resigned 1/16/05) Richard Devlin Betsy Johnson (appointed 1/20/05) Joan Dukes (resigned 1/16/05) Frank Morse Avel Gordly Joanne Verger Betsy Johnson (appointed 1/20/05) Ben Westlund Frank Morse David Nelson Ben Westlund Jackie Winters

Subcommittee on Education— Richard Devlin, Chair Avel Gordly David Nelson Vicki Walker Doug Whitsett

Subcommittee on General Government— Joan Dukes, Chair (resigned 1/16/05) Betsy Johnson, Chair (appointed 1/20/05) Bill Morrisette Frank Morse

Subcommittee on Human Services— Alan Bates Margaret Carter Laurie Monnes Anderson Ben Westlund Jackie Winters

Subcommittee on Natural Resources— Alan Bates David Nelson Frank Shields

Subcommittee on Public Safety— Avel Gordly, Chair Richard Devlin Jackie Winters

SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION 11

SENATE SPECIAL COMMITTEE MEMBERSHIP

BUDGET (appointed 5/3/05)— Joanne Verger Kurt Schrader, Chair Ben Westlund Margaret Carter, Vice-Chair Alan Bates CONDUCT— Richard Devlin Margaret Carter, Co-Chair Avel Gordly Laurie Monnes Anderson, Co-Chair Betsy Johnson Charles Starr Frank Morse David Nelson CREDENTIALS— Ben Westlund Ryan Deckert, Chair Jackie Winters Bill Morrisette Bruce Starr Subcommittee on Education (appointed 5/12/05)— PER DIEM— Richard Devlin, Chair Richard Devlin, Chair Avel Gordly Roger Beyer David Nelson Vicki Walker Vicki Walker Doug Whitsett PERMANENT ORGANIZATION AND ORDER OF BUSINESS— Subcommittee on General Government Avel Gordly, Chair (appointed 5/12/05)— Ginny Burdick Betsy Johnson, Chair David Nelson Bill Morrisette Frank Morse RULES (ORGANIZATION)— Kate Brown, Chair Subcommittee on Human Services (appointed Jason Atkinson 5/12/05)— Ted Ferrioli Margaret Carter, Chair Charlie Ringo Alan Bates Frank Shields Laurie Monnes Anderson Ben Westlund Jackie Winters

Subcommittee on Natural Resources (appointed 5/12/05)— Alan Bates, Chair David Nelson Frank Shields

Subcommittee on Public Safety (appointed 5/12/05)— Avel Gordly, Chair Richard Devlin Jackie Winters

Subcommittee on Transportation and Economic Development (appointed 5/12/05)— Kurt Schrader, Chair Betsy Johnson Frank Morse 12 SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION

COMMITTEE ASSIGNMENT BY SENATOR

ATKINSON — DECKERT — Business and Economic Development Business and Economic Development Environment and Land Use, Vice-Chair Credentials, Chair Rules Education and Workforce Revenue, Chair BATES — Budget DEVLIN — General Government Subcommittee Budget Natural Resources Subcommittee, Chair Education Subcommittee, Chair Ways and Means Public Safety Subcommittee Human Services Subcommittee Per Diem, Chair Natural Resources Subcommittee Ways and Means Education Subcommittee, Chair BEYER — Public Safety Subcommittee Commerce, Vice-Chair Environment and Land Use DUKES — Judiciary Ways and Means (resigned 1/16/05) Per Diem General Government Subcommittee, Chair (resigned 1/16/05) BROWN — Transportation and Economic Development Legislative Counsel Committee (appointed 1/27/05) Subcommittee (resigned 1/16/05) Rules, Chair FERRIOLI — BURDICK — Legislative Counsel Committee (appointed 1/27/05) Commerce Rules, Vice-Chair Environment and Land Use Judiciary, Chair GEORGE — Permanent Organization and Order of Business General Government, Vice-Chair Health Policy CARTER — Revenue Budget, Vice-Chair Human Services Subcommittee, Chair GORDLY — Conduct, Co-Chair Budget Ways and Means, Vice-Chair Education Subcommittee Human Services Subcommittee Public Safety Subcommittee, Chair Transportation and Economic Development Permanent Organization and Order of Business, Subcommittee Chair Ways and Means COURTNEY— Education Subcommittee Ex-officio member of all committees Public Safety Subcommittee, Chair Health Policy Legislative Counsel Committee, Co-Chair (appointed 1/27/05)

SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION 13

COMMITTEE ASSIGNMENT BY SENATOR

JOHNSON— MORSE— Budget Budget General Government Subcommittee, Chair General Government Subcommittee Transportation and Economic Development Transportation and Economic Development Subcommittee Subcommittee Ways and Means (appointed 1/20/05) Ways and Means General Government Subcommittee, Chair General Government Subcommittee (appointed 1/20/05) Transportation and Economic Development Transportation and Economic Development Subcommittee Subcommittee (appointed 1/20/05) NELSON— KRUSE— Budget Education and Workforce Education Subcommittee Health Policy, Vice-Chair Natural Resources Subcommittee Human Services, Vice-Chair Legislative Counsel Committee (appointed 1/27/05) Permanent Organization and Order of Business METSGER— Ways and Means Business and Economic Development, Chair Education Subcommittee Human Services Natural Resources Subcommittee Revenue Transportation PROZANSKI— Commerce, Chair MONNES ANDERSON— Judiciary Budget Revenue Human Services Subcommittee Transportation Business and Economic Development Conduct, Co-Chair RINGO— Health Policy, Chair Commerce Human Services Environment and Land Use, Chair Way and Means Judiciary Human Services Subcommittee Legislative Counsel Committee (appointed 1/27/05) Rules MORRISETTE— Budget SCHRADER— General Government Subcommittee Budget, Chair Credentials Transportation and Economic Development Education and Workforce Subcommittee, Chair Health Policy Ways and Means, Co-Chair Human Services, Chair Way and Means General Government Subcommittee 14 SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION

COMMITTEE ASSIGNMENT BY SENATOR

SHIELDS— WESTLUND— Budget Budget Natural Resources Subcommittee Human Services Subcommittee Environment and Land Use Transportation and Economic Development General Government, Chair Subcommittee Rules Ways and Means Ways and Means Human Services Subcommittee Natural Resources Subcommittee Transportation and Economic Development Subcommittee STARR, B.— Business and Economic Development, Vice-Chair WHITSETT— Credentials Budget General Government Education Subcommittee Revenue, Vice-Chair (discharged 1/20/05) Commerce Transportation Judiciary Transportation, Vice-Chair STARR, C.— Ways and Means Conduct Education Subcommittee Education and Workforce, Vice-Chair Human Services WINTERS— Judiciary, Vice-Chair Budget Revenue, Vice-Chair (appointed 1/20/05) Human Services Subcommittee Public Safety Subcommittee VERGER— Ways and Means Budget Human Services Subcommittee Transportation and Economic Development Public Safety Subcommittee Subcommittee General Government Transportation, Chair Ways and Means Transportation and Economic Development Subcommittee

WALKER— Budget Education Subcommittee Education and Workforce, Chair General Government Judiciary Per Diem Ways and Means Education Subcommittee

SEVENTY-THIRD LEGISLATIVE ASSEMBLY- 2005 REGULAR SESSION 15

SENATE STANDING COMMITTEE REGULAR MEETING SCHEDULE

Committee Name/Staff Office Staff Phone Monday Tuesday Wednesday Thursday Friday

Business and Economic Development 334 503-986-1991 1:00 P.M. 1:00 P.M.

Theresa Van Winkle, Administrator 334 503-986-1991 HR B HR B James Goulding, Assistant 334 503-986-1747 Commerce 401B 503-986-1643 3:00 P.M. 3:00 P.M.

Anna Braun, Administrator 401B 503-986-1643 HR C HR C Karen Scoffield, Assistant 401 503-986-1656 Education and Workforce 401F 503-986-1755 3:00 P.M. 3:00 P.M.

Marjorie Taylor, Administrator 401F 503-986-1755 HR D HR D Dawn Tuso, Assistant 401 503-986-1733 Environment and Land Use 401C 503-986-1640 3:00 P.M. 3:00 P.M. Matt Shields, Administrator 401C 503-986-1640 Chris Crean, Counsel 438 503-986-1649 HR B HR B Katie Lowry, Assistant 401 503-986-1639 General Government 332 503-986-1688 3:00 P.M. 3:00 P.M.

Judith Callens, Administrator 332 503-986-1688 HR B HR B Linda Gatto, Assistant 453 503-986-1745 Health Policy 401A 503-986-1485 1:00 P.M. 1:00 P.M. 3:00 P.M.

Rick Berkobien, Administrator 401A 503-986-1485 HR B HR B HR D Brittany Kenison, Assistant 401 503-986-1495 Human Services 401A 503-986-1485 3:00 P.M. 3:00 P.M.

Rick Berkobien, Administrator 401A 503-986-1485 HR D HR D Brittany Kenison, Assistant 401 503-986-1495 Judiciary 354 503-986-1750 Bill Taylor, Counsel 354 503-986-1694 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Joe O’Leary, Counsel 354 503-986-1666 343 343 343 343 Dale W. Penn, Assistant 354 503-986-1665 Revenue H-197 503-986-1266 Paul Warner, Legislative Revenue Officer H-197 503-986-1263 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Kim Taylor James, Office Manager H-197 503-986-1264 HR A HR A HR A HR A Barbara Guardino, Committee Assistant H-197 503-986-1268 Rules 401D 503-986-1496 8:30 A.M. 8:30 A.M.

Tiffany Harris, Administrator 401D 503-986-1496 343 343 Patricia Nielson, Assistant 401 503-986-1086 Transportation 332 503-986-1688 3:00 P.M. 3:00 P.M.

Judith Callens, Administrator 332 503-986-1688 HR C HR C James Goulding, Assistant 332 503-986-1747

16 SEVENTY-THIRD LEGISLATIVE ASSEMBLY – 2005 REGULAR SESSION

SENATE SPECIAL COMMITTEE REGULAR MEETING SCHEDULE

Committee Name/Staff Office Staff Phone Monday Tuesday Wednesday Thursday Friday

Budget H-178 503-986-1828 Ken Rocco, Fiscal Officer 503-986-1844 Meets at the Call of the Chair Gina Rumbaugh, Coordinator 503-986-1829 Budget Subcommittee on Education H-178 503-986-1828 1:00 P.M. 1:00 P.M. Steve Bender, Budget Analyst 503-986-1836 H-170 H-170 Diane Myers, Assistant 503-986-1547

Budget Subcommittee on General H-178 503-986-1828 1:00 P.M. 1:00 P.M. Government H-174 H-174 Dallas Weyand, Budget Analyst 503-986-1834 Annmarie Housley, Assistant 503-986-1010

Budget Subcommittee on Human Services H-178 503-986-1828 1:00 P.M. 1:00 P.M. Sheila Baker, Budget Analyst 503-986-1838 HR-F HR-F Kat Bell, Assistant 503-986-1398

Budget Subcommittee on Natural Resources H-178 503-986-1828 1:00 P.M. 1:00 P.M. Sue MacGlashan, Budget Analyst 503-986-1817 H-174 H-174 Annmarie Housley, Assistant 503-986-1010

Budget Subcommittee on Public Safety H-178 503-986-1828 1:00 P.M. 1:00 P.M. Doug Wilson, Budget Analyst 503-986-1837 H-170 H-170 Diane Myers, Assistant 503-986-1547

Budget Subcommittee on Transportation H-178 503-986-1828 1:00 P.M. 1:00 P.M. And Economic Development HR-F HR-F Robin LaMonte, Budget Analyst 503-986-1845 Kat Bell, Assistant 503-986-1398

SEVENTY-THIRD LEGISLATIVE ASSEMBLY-2005 REGULAR SESSION 17

JOINT STANDING COMMITTEE REGULAR MEETING SCHEDULE

Committee Name/Staff Office Staff Phone Monday Tuesday Wednesday Thursday Friday

Legislative Counsel Committee S-101 503-986-1243 Dave Heynderickx, Acting Legislative Counsel 503-986-1243 Meets at the Call of the Chair Corrine Rollman, Committee Assistant 503-986-1229 Ways and Means H-178 503-986-1828 9:00 A.M.

HR F Ken Rocco, Fiscal Officer 503-986-1844 Gina Rumbaugh, Coordinator 503-986-1829 Ways and Means H-178 503-986-1828 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On Education HR E HR E HR E HR E Steve Bender, Budget Analyst 503-986-1836 DianeMyers, Assistant 503-986-1547 Ways and Means H-178 503-986-1828 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On General Government H-174 H-174 H-174 H-174 Dallas Weyand, Budget Analyst 503-986-1834 Annmarie Housley, Assistant 503-986-1010

Ways and Means H-178 503-986-1828 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On Human Services HR F HR F HR F HR F Sheila Baker, Budget Analyst 503-986-1838 Kat Bell, Assistant 503-986-1398

Ways and Means H-178 503-986-1828 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Natural Resources H-174 H-174 H-174 H-174 Sue MacGlashan, Budget Analyst 503-986-1817 Annmarie Housley, Assistant 503-986-1010

Ways and Means H-178 503-986-1828 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Public Safety H-170 H-170 H-170 H-170 Doug Wilson, Budget Analyst 503-986-1837 Diane Myers, Assistant 503-986-1547

Ways and Means H-178 503-986-1828 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Transportation and HR F HR F HR F HR F Economic Development Robin LaMonte, Budget Analyst 503-986-1845 Kat Bell, Assistant 503-986-1398

18 SEVENTY-THIRD LEGISLATIVE ASSEMBLY-2005 REGULAR SESSION

RULINGS BY THE CHAIR (SENATE)

August 1 SR 11.10 (1) Possible violation on amendments to a Conference Committee Report SJ-240

August 4 SR 5.05 Appeal Chair ruling on SB 548 SJ-247

MESSAGES FROM THE GOVERNOR

June 9 Message that SB 718 became law without signature SJ-159 (Seventy-Third Regular Session) July 21 Veto Message on SB 671 (Seventy-Third Regular Session) SJ-223 July 22 Veto Message on SB 1008 (Seventy-Third Regular Session) SJ-226 September 2 Veto Message on SB 1083 (Seventy-Third Regular Session) SJ-252

SENATE JOURNAL SJ-1

Monday, January 10, 2005 -- Morning Session Respectfully submitted, Senator Avel Gordly, Chair Senate convened at 9:15 a.m. Senator Dukes in Chair. The following members were present: Senator Ginny Burdick Atkinson, Bates, Beyer, Brown, Burdick, Carter, Senator David Nelson Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Kruse, Metsger, Monnes Anderson, Morrisette, The following report by the Committee on Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Credentials was read and adopted by voice vote on Starr, B., Starr, C., Verger, Walker, Westlund, motion of Deckert, seconded by Kruse. Whitsett, Winters. Colors were posted by members of The National Guard Color Guard and the January 10, 2005 Senate pledged allegiance to the flag. Ramona Treat Presiding Officer: from The Oregon National Guard sang the National Anthem. Invocation by Senator Margaret Carter, We, your Committee on Credentials, after inspecting Portland. Musical performance by the Whiteaker the official Proclamation from the Secretary of State, Middle School Concert Choir, Salem. respectfully submit the following report: Courtesies of the Senate were extended to former That the following Senators are entitled to sit in this Senate Presidents: U.S. Senator Gordon H. Smith, Ed body until the second Monday in January 2007, to wit: Fadeley, , Gene Derfler and Tom Hartung at the request of the Chair. Peter Courtney Kurt Schrader Verger moved that a committee of three be Richard Devlin Frank Shields appointed by the Chair to serve as a Committee on Joan Dukes Bruce Starr Permanent Organization and Order of Business, seconded by Winters. Motion carried on voice vote. Rick Metsger Charles Starr Bill Morrisette Vicki Walker The Chair appointed Gordly, Burdick and Nelson as the Committee on Permanent Organization and Frank Morse Jackie Winters Order of Business. Charlie Ringo Schrader moved that a committee of three be That the following named Senators were elected on appointed by the Chair to serve as a Committee on November 2, 2004 at the General Election for a term of four Credentials, seconded by Westlund. Motion carried on years beginning the second Monday in January, 2005 and voice vote. are entitled to sit in this body until the second Monday in The Chair appointed Senators Deckert, January, 2009, to wit: Morrisette and Bruce Starr as the Committee on Credentials. Jason Atkinson Avel Louise Gordly

Senate at ease while committees met. Senate Alan C. Bates Jeff Kruse reassembled. Roger Beyer Laurie Monnes Anderson

The following report by the Committee on Kate Brown David Nelson

Permanent Organization and Order of Business was Ginny Burdick Floyd Prozanski read and adopted by voice vote on motion of Senator Gordly, seconded by Senator Morse. Margaret Carter Joanne Verger

Ryan Deckert Ben Westlund January 10, 2005 Ted Ferrioli Doug Whitsett Presiding Officer: Gary George We, your Committee on Permanent Organization and Order of Business, respectfully recommend that the Senate Respectfully submitted, proceed to effect permanent organization of the Senate and Senator Ryan Deckert, Chair that the following orders of business be adopted: Senator Bill Morrisette 1. Appointment of Committees on Permanent Senator Bruce Starr Organization and Order of Business, and Credentials. Brown and Ferrioli were appointed to escort The 2. Adoption of reports of the Committees on Permanent Honorable Wallace P. Carson, Jr., Chief Justice of the Organization and Order of Business, and Credentials. Oregon Supreme Court, to the Rostrum. 3. Administering Oath of Office to newly-elected Chief Justice Carson administered the oath of Senators. office to the newly-elected senators. 4. Election of Permanent Officers of the Senate and Nominations for President of the Senate were administering Oaths of Office. declared open by unanimous consent at the request of 5. Recess to attend Joint Session for the purpose of the Chair. receiving the State-of-the-State Address from Governor Ferrioli nominated Courtney for President of the Theodore R. Kulongoski. Senate, moved that nominations for President be closed and that a unanimous ballot be cast for 6. Reconvene at 2:30 p.m. Courtney. Motion carried on voice vote. Courtney 7. Appointment of Special Committee on Rules. elected President of the Senate. 8. Motion to adopt Permanent Regular Session and The Chair appointed Carter and Nelson to escort Interim Rules of the Senate as recommended by your Courtney to the rostrum. Bill Courtney, brother of Special Committee on Rules. Senator Peter Courtney, administered the oath of

SJ-2 SENATE JOURNAL office to the newly-elected President of the Senate. At to deal with a crumbling economy, falling state revenues this time the gavel was presented to the newly-elected and painful unemployment. The 2003 legislative session President of the Senate. (President Courtney in was the most grueling in Oregon history and, after 227 Chair) days, by far the longest. It wasn’t easy. It wasn’t fun. It wasn’t hard or difficult. It was downright impossible. President Courtney made the following remarks Historians now are just beginning to sort it all out, trying to to the Senate. figure out what happened and how those legislators “My fellow Senators, I am humbled by your vote. prevailed and survived. My fellow Oregonians, my fellow senators, as I talk to you today, the role of government in “To family, friends, citizens and fellow senators Oregon is indefinite. We’re uncertain exactly what role gathered here today, I wish to begin with some thanks and state government should play. Oregonians, sadly, are recognition. I want to thank my staff, Connie and Tanya, terribly divided by geography and generation. The Oregon Jack and Margie, Debbie and Joe, Chris and Glenda, as well legislature is no longer equal as a branch to the executive as Brian for all the hard work they have done to bring us to and judiciary. In spite of these troubled times, in spite of this day. Judy Hall, the Secretary of the Senate, and all her the things I have just said to you, I have faith. I believe staff has worked very hard to put together this program because I believe in you, my fellow senators. You are and I am deeply grateful to them. I want to particularly special. You are so special. I believe that all of us have been thank two of our colleagues. Senator Kate Brown and her asked to serve at this time, in these troubled times, to deal staff have worked 24/7 the last several weeks to put with these special situations in this special place. together the organizational structure of this great Senate. So I’m deeply grateful to you, Senator Brown. Senator Ted “Let me talk about how special you are. On the Senate Ferrioli, you’ve been most gracious and most kind, and it’s floor today we have 254 years of legislative experience. That been a pleasure to work with you these last several weeks, is remarkable given the prevalence of term limits and as you also have worked hard to bring us to this day. And declining interest in public service. The most veteran now I would like to recognize some special people. My sons, member is here today. Twenty-two of you have served in Peter and Adam, are here. Our middle son, Sean, could not both the House and Senate. Many of you have heard me be here. He is in a youth outreach ministry program in the say, “I love the House. I revere the Senate.” This is a southwestern . Margie, my wife, who works in bicameral legislature. There are only 30 of us. The state has my office, is an extraordinary human being. You probably 3.5 million people. Only six other states have fewer than 30 know her. I simply cannot do what I do without Margie. senators and every one of them has a population that is And now, I also want to acknowledge Keith and Karen dramatically smaller than Oregon’s. Only 30 of us for 3.5 Swanson. They’re sitting in the side aisle. When I came to million people. We have a lot of representing to do. We have “Oregon My Oregon” on July 9th, 1969, I didn’t know a lot of looking out for the public’s interest to do. If you look anybody. Twenty-four hours later, I met a man named at the Ways and Means Committee and its subcommittees, Keith Swanson. I didn’t realize he and I would stay friends every single major geographic area in this state is all these years. I’m very pleased Keith is here. That means represented. This is not an accident, my fellow senators. a lot to me. This is the committee that will lead us in putting together the budget. In its membership—in its chairs, its vice- chairs “There are two sentimental journeys you’ll have to and its subcommittee chairs—every major region, every indulge me on. My brother Bill just swore me in. This is my single square inch of this state is represented and that was 11th general session and no member of my family has ever not by accident. been able to attend one of my swearing-in ceremonies, because of disease and sickness. My mother and father and “Here is something I find fascinating. When I speak, I my grandmother Courtney, who helped raise me because don’t use many aids. I don’t like to read when I give a my mother had Parkinson’s disease, they’re all gone now. speech, but I’ve got to read now because I don’t want to My older brother got off a plane at twelve o’clock last night make a mistake. On this floor today are three generations. and, right after this ceremony, he will have to leave. My Let us begin with those that are a little older, the Silent dad used to say to the three Courtney boys, “I only have two Generation: Senators Bates, Carter, Courtney, George, wishes for you and only two things I’d ask of you, my sons: Monnes Anderson, Morrisette, Morse, Nelson, Shields, take care of your mother and take care of each other.’ Well Charles Starr, Verger, Whitsett and Winters. I find it dad, older brother Bill took care of brother Peter real well interesting they call us the “Silent” Generation. Then there today. are those who aren’t quite as senior, the famous Baby Boomers: Senators Beyer, Brown, Burdick, Devlin, Dukes, “There’s another sad thing for me. Every session my Ferrioli, Gordly, Kruse, Metsger, Prozanski, Ringo, mother in-law, Margie’s mother, would be here. She lived a Schrader, Walker, and Westlund. But now to those young plain simple life in a 100-year-old home over in Mt. Angel. ones. Oh, those young ones. Oh, how I wish I was still one of She took care of six children and her husband, Mr. them. There are three members of Generation X in the Brenden. On Christmas Day, after we opened our gifts, Senate: Senators Atkinson, Deckert, and Bruce Starr. But Mrs. Brenden passed on. She always used to come to this there is more. Many of you are parents and grandparents. ceremony and I always bought Mrs. Brenden a corsage. Many of you are taking care of someone that is elderly. That meant a lot to her. She’d sit over there in the side aisle These older members of our families are members of the GI with Margie. From that great church, St. Mary’s Church in Generation. There are great-grandparents here. Senator Mt. Angel, we buried her in a little cemetery that overlooks Carter has four great-grandchildren. Senator Starr has one the berry fields and rests in the shadow of the great and another one is on the way, for all I know has already mountain. Mrs. Brenden, wherever you are, I want you to arrived. Senator Deckert has Macy, his 14-month-old know I have your corsage up here with me today so I can daughter. Senator Atkinson has Perry, his two-year old son. remember and be reminded of you. They’re all part of that echo boom millennium generation. That’s five generations, directly, indirectly right here. “Thank you for indulging me, my fellow senators, for That’s extraordinary. You are extraordinary. That’s special. those little moments. You are special because we meet every two years for just a “Today, January 10th, 2005, it all begins—the 73rd few months to deal with Oregon’s problems. Forty-four Legislative Assembly. This century is only four years old. other states meet every year to deal with their state Our state is 146 years old. There have been 35 special struggles. And you’ve got to know that five of those that sessions in Oregon during that time. Five of these special meet like we do, every other year, their population is less, sessions—the most recent five—took place in the year 2002 much less. SENATE JOURNAL SJ-3

“Most of you are going to serve on three, some of you Walker nominated Carter for President Pro on four committees. And with a special committee here and Tempore of the Senate and moved that nominations there before this is over, some of you are going to work even be closed and that a unanimous ballot be cast for harder. I realize this statement does not endear me to some Carter. Motion carried on voice vote. Carter elected of you. This high level of effort is not the case in many President Pro Tempore of the Senate. bigger chambers. But one thing we are not: we are not slackers, we are not lazy. We are hard workers. The Chair appointed Gordly and Westlund to escort Carter to the rostrum. Lewis Robinson, “You are special because 24 of you have done Minister from the East County Church of Christ, something that has never before been done in Oregon or, as Portland, administered the oath of office to the newly- far as we know, in the nation. In that 2003 session—the elected President Pro Tempore of the Senate. longest in state history—the Senate was tied, 15 Democrats, 15 Republicans. And 24 of you negotiated a Nominations for Secretary of the Senate were memorandum of understanding, 24 of you found a way to declared open by unanimous consent at the request of remain civil and work across party lines to stay together the Chair. during Oregon’s most grueling legislative session. No other Brown nominated Judy Hall for Secretary of the state has quite been able to do it the way you did it; 227 Senate. Ferrioli moved that nominations be closed days. You put it together. You remained Democrats and and a unanimous ballot be cast for Judy Hall. Motion Republicans but you did something that is unprecedented carried on voice vote. Hall elected Secretary of the anywhere in the nation. Senate. Chief Justice Carson administered the oath of “I want to welcome a few of you in particular now. We office to the newly-elected Secretary of the Senate. have one—as they say in athletics—true freshman, Senator Message from the House announcing that the Doug Whitsett. He is here for the first time and his House of Representatives has organized and elected legislative service is but a few minutes old. We’re mighty the following officers: Speaker of the House, happy he’s here. He is a veterinarian, an individual who’s Representative Karen Minnis; Speaker Pro Tempore, going to bring his perspective and his hard work. We’re Representative Dennis Richardson; Chief Clerk, honored to have you here, Senator Whitsett. We look Ramona J. Kenady; and is ready for the business of forward to serving with you. Now we’ve got some red-shirt the Seventy-third Legislative Assembly. freshmen. Senator Jeff Kruse has been around a while. He knows health care. He cares about health care. He’s very Message from the House inviting members of the civil. He’s a team player. We’re mighty glad he’s here. Senate to meet in Joint Session at 10:45 a.m. today Senator Laurie Monnes Anderson, a nurse, is chairing a for the purpose of receiving the State of the State committee I will be on. I await her orders. Senator Joanne Address from the Honorable , Verger will chair transportation. We have a major . transportation proposal before us and I am sure that, with her leadership, we’ll get it done. Now there’s Senator Alan Senate accepted the invitation from the House Bates. He’s a physician. By the way, I don’t know if you’ve on motion of Prozanski, seconded by Whitsett. noticed this. I sit over there. I don’t know how this worked Senate to recess following Joint Assembly until out, but there’s a nurse behind me and a doctor close to me. 2:30 p.m. on motion of Monnes Anderson, seconded by I don’t quite know what that means, but I have a feeling Bates. Members of the Senate proceeded to the House they have me well surrounded by the medical community. for Joint Assembly. Now, this is only Senator Bates’ first term in the Senate. He is on the Ways and Means Committee. Senator Ben Westlund joined us in July and now is on Ways and Means. Monday, January 10, 2005--Afternoon Session We look forward to his first full general session with us. He wanted to be on Ways and Means more than life itself. Well Senate reconvened at 2:30 p.m. President Senator, you’re on Ways and Means, you and Senator Courtney in Chair. All present. Bates, and I’ll tell you both something: You better be good. Finally, there’s a very interesting person I have to talk Senate, having recessed under the provisions of about. He joined us in the interim, Senator Floyd the Report of the Committee on Permanent Prozanski. He’s a prosecutor and a Texan. Need I say more. Organization and Order of Business, resumed under He is one tough hombre. We’re mighty proud that he’s with the order of those provisions by unanimous consent at us too. These seven individuals will help us continue the the request of the Chair. civility and bipartisanship that was set by that 2003 Pursuant to the provisions of the Report of the session, that session which will probably be the highlight of Committee on Permanent Organization and Order of my career. You are special because 28 of you survived those Business, the Chair made the following appointments special sessions. And 29 of you survived that 2003 Session. to the Special Committee on Rules: “No other Senate in the history of Oregon has been so SPECIAL COMMITTEE ON RULES tested and is so prepared to handle the problems of its day. Because of who you are and what you have experienced, you Senator Kate Brown, Chair are ready to lead the way, to define the role of state government, to close the many divides that separate our Senator Ted Ferrioli, Vice-Chair people and to begin to restore the credibility and stature of Senator Jason Atkinson the Oregon Legislature. We are deep, we are experienced, Senator Charlie Ringo and we are talented, we 30. A great deal is expected of us individually and collectively. We can do this. We must do Senator Frank Shields this. We will do this. Because we are proud members of the , class of 2005. Thank you very much.” Senate at ease while committee met. Senate reassembled. Nominations for President Pro Tempore of the Senate were declared open by unanimous consent at Brown moved that the 2005 Regular Session and the request of the Chair. Interim Rules, as amended, be adopted as the Permanent Senate Rules for the 2005 Legislative

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Session. On adoption of the motion the vote was: the Oregon Constitution, statute or custom. Ayes, 19; nays, 11—Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters. Permanent Rules and Interim Rules of the 2.05 Procedure for Amending Rules. Senate adopted. No standing rule of the Senate shall be adopted, amended or rescinded except upon the affirmative vote of a RULES OF THE SENATE constitutional majority (16). After the organizational SEVENTY-SECONDTHIRD LEGISLATIVE meeting of the Senate, the adoption, amendment or recision ASSEMBLY of rules shall be proposed in writing, read at a regular business session, printed, distributed to members' desks, DEFINITIONS and allowed to lie on the table for at least one day prior to any vote thereon. 1.01 Definitions. 2.10 Procedure for Suspending Rules. (1) “Chamber” means the entire area of the Senate Floor and the side aisles. (1) No rule of the Senate shall be suspended except by unanimous consent of the members or by the affirmative (2) “Chamber area” includes the entire area of the Senate vote of two-thirds of the members (20). In suspending a Floor including the areas immediately adjacent to the provision of the Oregon Constitution, as provided by the Senate Chamber, with the exception of Room 231. Oregon Constitution, an affirmative vote of two-thirds of the members is required. The vote shall be a roll call vote. (3) “Constitutional majority (16)” means a majority of the members of the Senate except in the case of those measures (2) When a motion to suspend the rules is defeated, the requiring an otherwise constitutionally designated majority motion shall not be renewed until after an intervening vote. recess or adjournment.

(4) “Courtesy of the floor” means admittance within the 2.20 Rules of the Senate. bar granted upon request of a member in accordance with SR 17.01 (2). (1) Except as modified or rescinded under Rule 2.05, these rules and the memorandum of understanding attached and (5) “Majority” means a majority of those members present. incorporated herein, shall be in effect for the entire term of the Legislative Assembly whether the Senate is in session (6) “Measure” means bill, resolution or memorial, but does or has adjourned sine die. not include amendments. 2.30 Policy for Open Caucus Meetings (7) “Member” means member of the Senate. It is the policy of the Senate that the public have as much (8) “Printing” includes printing and other means of information as possible regarding matters relating to the reproducing copy. conduct of Senate business. Consistent with that policy, caucus leaders are strongly encouraged to allow the (9) “Remonstrance” may be considered as a “protest” under presence of accredited representatives of the news media in section 26, Article IV of the Oregon Constitution. caucus meetings, except during discussions of personnel matters, organizational meetings to elect officers of the (10) “Within the bar” means within the area of the caucus and the Senate, and other matters not involving Chamber that is enclosed by waist-high partitions and that deliberation of the business of the Senate. contains the members' desks and the rostrum. CONVENING (11) Appendix A - Interim Rules identifies specific rules governing interim period. 3.01 Quorum.

RULES (1) A quorum of the Senate is 20 members.

2.01 Use of Mason's Manual of Legislative Procedure. (2) If a quorum is present, the Senate shall proceed with the transaction of business. When there is no quorum Mason’s Manual of Legislative Procedure shall apply to present, a lesser number of members may adjourn from day cases not provided for in these rules or otherwise covered by to day and compel the attendance of absent members. SENATE JOURNAL SJ-5

3.05 Session Hour; Deliberations Open. 3.33 Announcement of Conflict of Interest.

(1) Unless otherwise ordered by a majority of the members (1) When involved in a potential conflict of interest as present, the hour of meeting shall be designated by the defined by ORS 244.020, a member shall announce, on the President. Senate floor or in the committee meeting, the nature of the potential conflict prior to voting on the issue giving rise to (2) All deliberations of the Senate and its committees shall the potential conflict. be open to the public. However, this provision does not prohibit clearing the gallery or hearing room in the event of (2) The member's announcement of a potential conflict of a disturbance, during which time deliberations shall be in interest shall be recorded in the Journal or in the recess. committee minutes. If the member desires to have more than the announcement recorded, the member shall reduce 3.10 Attendance. to writing the nature of the potential conflict as given in the oral explanation and file it with the Secretary of the Senate (1) A member shall attend all sessions of the Senate unless or the committee assistant. The written statement must be excused by the President. The Journal Editor will record on filed by 5 p.m. of the next session day following the vote on each roll call all members “present,” “excused,” “attending the measure. legislative business,” or “absent.” (3) Failure to comply with section (1) of this rule may (2) The President or committee chair may excuse a member constitute improper conduct as determined by the Special from committee meetings. The minutes of the committee Committee on Conduct appointed in accordance with shall record all committee members as “present,” “excused,” Senate Rule 18.04 (1). or “absent.” (4) A complaint against a Senate member alleging VOTING violation of section (1) of this rule must meet the following criteria: 3.15 Roll Call. (a) The complaint must be in writing; (1) A roll call vote of “ayes” and “nays” shall be taken and recorded on the final passage of all measures, with the (b) The complaint must be specific in its exception of memorials and resolutions that affect only the allegations and be accompanied by documentation Senate and do not appropriate money. supporting the allegations;

(2) Upon demand of two members, a roll call shall be taken (c) The complaint must be signed by at least two and recorded on any question. persons who witnessed the conduct that is the subject of the complaint; and (3) If the presiding officer is in doubt on any motion considered on voice vote, the presiding officer shall order a (d) The complaint, in the manner prescribed by roll call vote. the Secretary of the Senate, must be filed with the Secretary’s office within 10 days of the alleged violation. 3.20 Requirements for Voting. (5) The Secretary shall transmit copies of the written and (1) Every member who is in attendance when the question signed complaint to the President of the Senateand the is stated shall vote. Senate Caucus Leaders as soon as practicable.

(2) Except by unanimous consent, no member shall be (6) The President shall refer any written complaint that permitted to vote on any question unless in attendance at has been filed in accordance with the time the question is put. A member shall be considered section (4) of this rule to the Special Committee on Conduct in attendance if the member is in the Chamber area. within 30 days of receipt of the complaint. However, a member must be within the bar to vote. (7) The committee shall investigate any written complaint 3.30 Voting by President. to determine whether the alleged conduct constitutes violation of section (1) of this rule and shall conduct such The President shall vote whenever a roll call is required. investigation in accordance with procedures set forth in the The President's name is called last. committee rules.

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offered from the floor does not meet the requirements of (8) The committee must complete the investigation and this subsection, the President may call the member to report recommended sanctions, if any, to the full Senate order. The President may direct the Secretary of the within 45 days of receiving the complaint as referred by the Senate to delete out-of-order material from the Journal. President. The President may permit a reasonable extension of time at his or her discretion. (3) If the member wishes the explanation to be entered in the Journal, the member must indicate that request at the (9) Any recommended sanction resulting from a written time the explanation is given. The member shall reduce to complaint against a Senate member must be proportionate writing the substance of the oral explanation. The written to the seriousness of the offense. The committee may explanation must be filed with the Secretary of the Senate recommend the following sanctions: by 5 p.m. of the day the vote was taken.

(a) Reprimand; 3.45 Printed Measures Required for Voting. (b) Censure; or (c) Expulsion. (1) No measure, or amendment to a measure, shall be finally voted on until it has been printed and placed on the (10) In reporting to the full Senate, the committee shall desks of the members, except as provided by Rule 5.40. include in its report: (2) A printing error in a printed measure or printed (a) A copy of the complaint; amendments to a measure under consideration of the (b) Whether or not there was a violation of Section Senate shall be considered corrected if the correction is (1) of this rule; made on the original copy and initialed by the appropriate (c) Recommended sanctions, if any; and member. The original measure is found in the original (d) The basis for the committee’s recommendation. measure folder at the Senate Desk.

(11) The committee report must be signed by the 3.50 Third Reading Requirements. committee chair and submitted to the Secretary of the Senate within 3 days of final committee action. Except for resolutions and memorials that affect the Senate only, no measure shall pass the Senate until after third (12) The report shall be placed on the calendar for final reading nor shall any measure be read more than once in consideration on the session day following the reading and any one day. distribution of the report. 3.55 Call of the Senate. (13) Before taking action against a Senate member under this section, the Senate must approve the committee report (1) Three members may demand a Call of the Senate at recommending a sanction by a two-thirds majority vote (20). any time there is a pending question and before a roll call has commenced. (14) If the committee recommends no action, the formal procedure is concluded and the complaint shall be (2) Upon a Call of the Senate, the Chamber doors shall be considered dismissed. The report shall be submitted in closed until proceedings under the Call have been accordance with Section (11) of this rule and read under terminated. No other business shall be transacted until the reports from special committees on the session day proceedings under the Call are terminated. A member must following distribution of the report. remain in attendance until proceedings under the Call are terminated. A member shall be considered in attendance 3.35 Explanation of Vote. when in the Chamber area. However, a member must comply with the provisions of Senate Rule 3.20 for the (1) Any member may explain a vote on any matter for purpose of voting. which a roll call vote is taken. The member may make the oral explanation from the floor following completion of the (3) Upon a Call of the Senate, the Sergeant at Arms shall roll call and announcement of the result or announce that cause all members not excused to come to the floor. If the he or she intends to submit a written explanation. Oral Sergeant at Arms cannot locate an unexcused member, that explanations shall not exceed two minutes. fact shall be reported to the President who shall announce the fact to the members. (2) The vote explanation must be germane to the subject and shall not reflect on the honor or integrity of other (4) Proceedings under a Call of the Senate shall be members of the Legislative Assembly. If the explanation considered terminated only when the question and SENATE JOURNAL SJ-7 subsidiary motions for which the Call was invoked have (n) First reading of House measures been voted on, or when a motion to remove the Call is approved by at least two-thirds (20) of the members of the (o) Second reading of House measures Senate. (p) Third reading of House measures (5) A motion to remove the Call shall be in order when the Sergeant at Arms reports that unexcused members cannot (q) Unanimous Consent Calendar be located. If there is no quorum, after the report of the Sergeant at Arms is received, the Senate may remove the (r) Other business of the Senate Call by the consent of the majority of the members present. (s) Announcements (6) Under the proceedings of a Call of the Senate: (2) Messages from the Governor or the House may be read (a) Senate guests may leave the Chamber at will; at any time. Courtesies may be extended at any time. however, they shall not be permitted to return until the proceedings are terminated or the Call has been removed. (3) Questions relating to the priority of business shall be decided without debate. (b) Members of the House, the press and Senate staff on Senate business may leave the Chamber and return (4) The general order of business shall not be varied except at will during the proceedings under the Call. upon suspension of the rules. However, any subject before the Senate may be made a special order of business upon ORDER OF BUSINESS the vote of a majority of the members present. When the appropriate time for consideration of the subject arrives, 4.01 Order of Business. the Senate shall take up the subject.

(1) The general order of business shall be: (5) When scheduled for third reading, appropriation bills shall take precedence over all other bills from the same (a) Roll Call house of origin.

(b) Honors to the Colors and the Pledge of (6) Under the order of business Remonstrances, no member Allegiance may speak for longer than two minutes, or for a second time, or yield time to another member. The motives or (c) Invocation integrity of any member of the House or Senate shall not be impugned. (d) Courtesies of the Senate 4.05Unanimous Consent Calendar (e) Remonstrances (1) Each session day, a consent calendar of measures, if (f) Reports from conference committees there are any so designated, shall be presented for consideration and vote of the Senate. Copies of the consent (g) Reports from standing committees calendar shall be printed and distributed to members prior to consideration. (h) Reports from special committees (2) Any measure reported out of committee unanimously to (i) Propositions and motions the Senate floor, with or without amendments, may be placed on the consent calendar with unanimous agreement (j) Action on Executive Appointments requiring of the committee reporting the bill. Senate confirmation (3) Any measure reported out of committee with the (k) Introduction and first reading of Senate recommendation that it be placed on the consent calendar measures shall be placed on the second reading calendar under subsection (1) and (2) of Senate Rule 8.55. (l) Second reading of Senate measures (4) Any measure recommended for the consent calendar (m) Third reading of Senate measures shall be placed on the calendar but held at the Desk for two days after the day on which the committee report is read.

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During this period, Members may submit written objection After a motion is stated by the President or read by the to the placing of the measure on the consent calendar. If Secretary of the Senate or the Reading Clerk, it is in the the objections of three members of the Senate are received possession of the Senate. The motion may be withdrawn at the Desk prior to adjournment of floor session on the only with the permission of the Senate and prior to a second day, the measure shall be removed from the consent decision on the motion. calendar and placed in its proper order on the third reading calendar for the following day. The measure may also be 5.10 Precedence of Motions. removed by order of the President with the agreement of the President pro Tempore. (1) When a question is under debate, only the following motions shall be made: (5) If no objections or an insufficient number are filed within the two-day period, the measure shall be placed in (a) To adjourn its proper order on the next consent calendar. (b) To recess (6) When the order of business “unanimous consent calendar” is reached, the President shall announce the (c) To lay on the table calendar. The clerk shall read each measure by number and title only. Following each reading, it shall be in order (d) To move the previous question for the member designated to carry the measure to explain the measure. The member shall be allotted not to exceed (e) To postpone to a certain day five minutes for the explanation. Following the presentation, only a Call of the Senate is in order or the (f) To refer or rerefer following motions may be made: (g) To amend (a) to refer to committee (b) to lay on the table (h) To postpone indefinitely (c) to postpone indefinitely (i) To withdraw a motion. (7) No measure which has been made the subject of a motion to reconsider shall be placed on the consent (2) The motions listed in subsection (1) of this section shall calendar. have precedence in the order in which they are listed.

(8) Notwithstanding the provisions of this rule, if the 5.15 Undebatable Motions. President and President pro Tempore have reasonable cause to believe sine die is imminent, the President, with (1) The following motions are undebatable: the agreement of the President pro Tempore, may order any measure recommended for the consent calendar be placed in (a) To adjourn its proper order on the third reading calendar. (b) To recess

MOTIONS (c) To suspend the Rules

5.01 Moving a Motion. (d) To lay on the table

(1) When a motion is moved, it shall be stated by the (e) To move the previous question President. If the motion is in writing, it shall be handed to the Secretary of the Senate and read aloud before debate on (f) To amend an undebatable motion the motion begins. (g) To take from the table. (2) A motion shall be reduced to writing upon request of any member. (2) All incidental questions shall be decided without debate. (3) No second to a motion is required. (3) An appeal to the committee chair or the President is 5.05 Motion in Possession of the Senate. undebatable, although the member making the appeal may state briefly the reason for the appeal, and the chair or the SENATE JOURNAL SJ-9

President may state briefly the rationale for the ruling. conducted, no one in the Chamber, gallery or hearing room shall act in a manner disruptive of the proceedings. 5.17 Form of Previous Question. 6.05 Recognition of Members. (1) The previous question shall be put in this form: “Shall the main question be now put?” The main question is When a member seeks to be recognized by the chair, the the question immediately under consideration. member shall use the electrical signal device at the member's desk, or the member shall rise and respectfully (2) The previous question shall only be admitted when address the chair. Exceptions to this rule are: demanded by a majority of the members present. Until it is decided, it shall preclude all amendments and further (a) When demanding a Call of the Senate or a roll debate on the question, except for closing arguments. call. (b) When allowed to interrupt a speaker for one of 5.20 Form of Question on a Motion. the purposes listed in Mason's Manual of Legislative Procedures, section 92. The question on a motion shall be put in this form: “Those in favor say, ‘aye’” and after the response, “Those 6.10 Conduct in Debate. opposed say, ‘no’.” (1) In speaking, a member must confine remarks to the 5.25 Effect of Motion to Indefinitely Postpone. question under debate and shall avoid personalities. A member may refer to the actions of a committee if such (1) When a measure or question has been indefinitely actions are relevant to the debate, but a member shall not postponed, no further action on the measure or question impugn the motives of another Senate or House member’s shall be allowed in the same session of the Legislative vote or argument. Assembly. The vote is not subject to a motion for reconsideration. (2) In speaking, a member may address another member by using the appellation of Senator or the appellation of (2) When the motion to indefinitely postpone a measure or Senator and the member's district number or other question fails, the motion shall not be allowed again on the description of district. same day or at the same stage of the measure or question. (3) A member's right to read from any paper or book as a 5.30 Division of the Question. part of a speech is subject to the will of the Senate. If any member objects to such reading, the matter shall be (1) Any member may call for a division of a question if the immediately put to a vote without debate. question presents propositions so distinct in substance that if one is taken away, a substantive proposition remains for (4) No member is permitted to use audio or video the decision of the Senate. reproductions during debate. As used in this rule, “audio and video reproductions” include films, audio and video (2) The question of final passage or adoption of any tapes or slides. measure is not subject to division. (5) No one other than a member may speak during debate. 5.40 Amendments from the Floor. 6.20 Questioning a Member. No measure shall be amended on the floor unless unanimous consent is given and a written statement of the (1) All questions asked of a member shall be addressed proposed amendment is filed with the Secretary of the through the chair. Senate. (2) Members responding to a question shall confine DEBATE AND DECORUM remarks to the question only.

6.01 Decorum. 6.25 Frequency with Which Member May Speak.

When a member is speaking, no one shall walk between the (1) The mover of a motion or the member designated to member and the rostrum. No one shall leave the Chamber carry a measure shall have the privilege of closing the or hearing room in a manner disruptive of the proceedings. debate on the motion or the measure. When the Senate is in daily session, or a hearing is being

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(2) Except as authorized by subsection (1) of this rule, no member, the member may proceed “in order” or be liable to member shall speak more than once on any question until a motion of censure of the Senate. every member wishing to speak has spoken. 6.40 Discipline. (3) If a pending question is lost by reason of adjournment and is revived on the following day, a member who has If a member is called to order for words spoken in debate, previously spoken on the question shall not be permitted to the member objecting shall immediately repeat the words to speak again until every member wishing to speak on the which objection is taken and they shall be recorded by the question has spoken. Journal Editor. However, if any other member has spoken or other business has intervened after the words were (4) No member may speak more than twice on any spoken and before the objection was made, the member question. shall not be held answerable or subject to censure.

6.30 Limitation on Duration of Debate. PRESIDING OFFICER

The following rules apply to the length of time a member 7.01 Election of Presiding Officer; Pro Tempore shall have the floor in debate: Presiding Officer.

(1) On the final passage of a measure, the chair of the (1) The members of the Senate shall elect by a roll call vote committee reporting the measure, or a member designated a President of the Senate. A constitutional majority (16) is by the chair, may speak for ten minutes. In the case of required to elect a President. multiple carriers, each member may speak for five minutes. Other members may speak for five minutes. (2) The members shall also elect by a roll call vote a President pro tempore of the Senate. A constitutional (2) On a motion to adopt or substitute a committee report, majority (16) is required to elect a President pro tempore. the member who moves the motion may speak for ten minutes. Other members may speak for five minutes. 7.05 Temporary Presiding Officer.

(3) The member closing debate on final passage or moving (1) The President may designate a member other than the to adopt or substitute a committee report, may speak for ten President pro tempore if the President pro tempore declines minutes. In the case of multiple carriers, one member shall to act temporarily as the presiding officer. The designation be designated to close. shall not extend beyond adjournment on the day of the appointment. The member does not lose the right to vote (4) On other debatable motions, a member may speak for while presiding. The President may resume the chair at his five minutes. or her pleasure.

(5) Any member may yield the time allowed under this (2) If, at any time, the office of the President of the Senate rule to another member. However, no additional time can becomes vacant, the President pro tempore shall become be yielded to a member closing debate. President until a new President is elected.

(6) When a member who has the floor asks a question of 7.10 Duties of Presiding Officer. another member, the time used in answering shall be taken from the questioning member. (1) The President shall take the chair every day at the hour as provided in Senate Rule 3.05. 6.35 Call to Order. (2) The President shall immediately call the members to (1) If a member transgresses the rules of the Senate, the order and have the roll called. President, or any member through the President, may call the member to order. Unless permitted by the President to (3) The President shall preside over deliberations of the explain, the member called to order shall be seated Senate, preserve order and decorum and decide questions of immediately. order, subject to appeal by any two members.

(2) The member who is called to order may appeal the (4) The President, in consultation with the President pro ruling of the President. If the Senate decides the appeal in tempore, shall have general control and direction of all favor of the member, the member may proceed with the Senate employees and all employees of the Legislative debate. If the Senate decides the appeal against the Assembly when they are in the Senate Chamber. SENATE JOURNAL SJ-11

standing, special and statutory committee and have the (5) The President shall have control of the Senate power to vote. As an ex officio member on a standing Chamber and adjacent areas. committee the President does not increase the size of the respective committees. Ex officio membership does not COMMITTEES increase the number of members required to provide a quorum. 8.01 Names of Committees. (b) The President shall not have the ex officio (1) The following shall be the standing committees of the power to vote on a motion to rerefer a bill that is in the Senate: possession of the Rules Committee.

(a) Agriculture and Natural ResourcesBusiness and 8.10 Committee Quorum; Rules. Economic Development (1) A majority of the members appointed to a standing or (b) Business and Labor Commerce special committee shall constitute a quorum for the transaction of business before the committee. (c) EducationEducation and Workforce (2) Final action on a measure in committee shall be taken (d) General Government Environment and Land Use only on the affirmative vote of a majority of the members.

(e) Health Policy General Government (3) All standing and special committees shall be governed by committee rules adopted by a majority of committee (f) Human Resources Health Policy members, the Senate Rules and Mason's Manual of Legislative Procedure and statute. (g) JudiciaryHuman Services 8.15 Committee Meetings. (h) RevenueJudiciary (1) All committees shall meet at the call of the committee (i) RulesRevenue chair. The chair shall cause notice of the meeting to be given to the public. The chair may designate a time certain (j) Transportation and Economic DevelopmentRules for an agenda item. The chair shall begin a time certain agenda item at the appointed time and accommodate (k) Water and Land UseTransportation witnesses wishing to testify to the extent practicable. Written notice is to be posted outside the Senate Chamber and in the lobby areas of the 2nd and 3rd floor wings at (l) Joint Ways and Means least 24 48 hours in advance of the meeting.

8.05 Committee Appointments. (2) In the event that the committee does not complete the scheduled agenda, the items may be carried over to the next (1) The President may establish special committees and scheduled meeting with the following guidelines: conference committees, but shall establish no additional standing committees, without the approval of a majority. (a) The measure must have been initially No committee with the exception of conference committees scheduled with a 48-hour notice. shall have less than four members. (b) The measure must be carried over for the same type of meeting. (2) Members of all standing and special committees, and (c) The chair announces in committee his/her the chairs and vice-chairs thereof, shall be set forth in the intent to schedule the measure at the next meeting. memorandum of understanding attached and incorporated (d) A revised agenda listing the measures that herein appointed by the President. originally received 48-hour notice shall be posted as soon as possible following adjournment of the committee meeting. (3) The President shall appoint members to other committees as necessary or as required by law. Each (2)(3) Meetings to resolve conflicts or inconsistencies committee shall have an equal number of members from between two or more measures may be called on shorter each party. notice. Written notice to the public shall be given immediately upon call of such a meeting. The meeting shall (4) (a) The President shall be an ex officio member of each be announced on the floor of the Senate if it is in session.

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(3)(4) No committee shall meet during the time the Senate (1) Each meeting of a committee or subcommittee shall be is in session without approval of the President. Any sound recorded. As soon as practicable after each meeting, member attending a meeting during a session shall be written minutes of the meeting shall be prepared and considered excused to attend business of the Senate and distributed. The minutes shall contain at least the subject only to a Call of the Senate. following information:

(4) (5) Committee meetings held at a time or place not (a) Attendance of members and staff provided for in the Joint Legislative Schedule require the advance approval of the President, if the meeting time (b) Names of all witnesses would cause a member to miss a regularly scheduled meeting of another committee. (c) Recorded vote on all official actions

(5)(6) Approval of the President must be obtained if the (d) Any announcements of conflicts of interest location of a meeting will require the expenditure of state monies for travel. (e) References to the recording log, sufficient to serve as an index to the original sound recording. (7) Any meeting of a Senate committee held through the use of telephone or other electronic communication shall be (2) Testimony and exhibits submitted in writing shall be conducted in accordance with SR 8.15 and upon approval of attached to the minutes and considered as part of the the President. official record.

8.16 Committee Meeting--Less Than 24 -48 Hours' Notice. REFERRAL OF MEASURES TO COMMITTEE

When the President has reason to believe that adjournment 8.40 Referral to Committee. sine die of the session is imminent, the President may invoke the following provisions by announcement from the (1) Within seven calendar days following first reading of a rostrum during floor session: measure, the President shall refer the measure to an appropriate committee and may refer it to not more than Notwithstanding the provision of Senate Rule 8.15, the one additional committee. When a bill is referred to a committee chair may call a meeting of a committee with committee the President shall notify the President pro less than 24 48 hours' notice if, at least one hour prior to tempore. The President pro tempore shall have three the meeting, notice is given to the Secretary of the Senate’s calendar days to agree or disagree with the referral. In the Office and posted outside the Senate Chamber, in the Press event they do not agree, the bill will be referred to the Room and in any other place reasonably designed to give committee on Rules. Any measure appropriating money or notice to the public and interested persons. Written notice requiring the expenditure of money may also be referred to must also be delivered to all committee members’ offices the Joint Committee on Ways and Means. The referral may who have not been excused from attendance pursuant to occur before or after it has been referred to and reported out Senate Rule 3.10. Whenever possible, such meetings shall of any other committee. The President with the agreement be announced on the floor while the Senate is in session. of the President pro tempore may, at any time, rescind a subsequent referral. 8.20 Committee Action Required. (2) At the request of a committee reporting on a measure, (1) Each committee shall act upon referred measures as the President with the agreement of the President pro soon as practicable. tempore may rescind or add a subsequent referral to another committee. (2) Upon written request of a majority of committee members filed with the committee chairperson and the (3) The Secretary of the Senate shall publish and Secretary of the Senate, the chairperson shall order a distribute to the members a current listing of measures hearing or work session on any measure in the possession of referred. A list of measures referred shall be placed in the the committee. The hearing or work session shall be held Journal. The President may either announce the referral only after notice as required by Rule 8.15(1), but shall be decisions or order the referrals made in accordance with the held within a reasonable time. printed list.

8.25 Committee Meeting Records. 8.42 Withdrawing Measure from Committee. SENATE JOURNAL SJ-13

prepared by the Legislative Revenue Officer A measure, including one referred by the President to a joint committee, may be withdrawn from a committee by a (f) Budget notes, if applicable, as adopted by a motion to withdraw, and by the affirmative vote of a majority of the Committee on Ways and Means. constitutional majority (16) of the members of the Senate. (5) If the committee is of the opinion that a fiscal impact 8.43 Motion to Refer or Rerefer. statement or a revenue statement is not applicable, the report shall state that decision and be filed without such A measure may be referred or rereferred to committee statements. either under Propositions and Motions or on third reading. An affirmative vote of a majority of those present is 8.52 Committee Reports--Read or Announced. necessary. A measure may be referred or rereferred with recommendations to a committee. These recommendations (1) At the discretion of the President, committee reports at must be in writing and filed with the Secretary of the the Senate Desk may be either read or announced under Senate before the vote is taken on the motion to refer with the proper order of business. If reports are announced, the recommendations. Secretary of the Senate shall distribute to the members a summary of all reports and measures passed to calendar. COMMITTEE REPORTS (2) The Secretary of the Senate shall cause the committee 8.50 Committee Reports. report to be entered in the Status Report and Journal.

(1) All committee reports on measures shall be signed by 8.55 Second Reading of Measures. the committee chair. Committee reports must be submitted to the Secretary of the Senate on or before the third session (1) Measures reported favorably without amendments and day following final committee action on the measure. When having no subsequent referral shall be placed on the second a committee requests a subsequent referral or requests a reading calendar for the same session day on which the referral be rescinded, the request shall be in writing and report is read or announced. accompany the committee report. (2) Measures reported favorably with amendments and (2) If a minority report is to be filed, notice must be given having no subsequent referral shall be placed on the Second to the committee on the day the report was adopted. The reading calendar for the same session day on which printed minority report, together with the committee report, shall amendments are distributed. be filed jointly no later than three session days following final committee action. 8.60 Dissents; Minority Reports.

(3) All committee reports shall be filed in a manner (1) Any member of a committee who dissents from the prescribed by the Secretary of the Senate. Reports which committee recommendations may request to be listed in the are not in the proper form and style may be returned to the committee report as not concurring. The names of members committee or corrected by the Secretary of the Senate and not concurring shall be recorded in the Status Report and the President or their designees. Any substantive changes Journal. must be approved by the committee. (2) If a minority report, subscribed to by at least two (4) In reporting a measure out, a committee shall include members dissenting from the committee report, in its report: accompanies the committee report, both reports shall be filed jointly. On the day next following distribution of (a) The measure in the form reported out amendments, it shall be in order under Propositions and Motions to move the adoption of the committee report and (b) The recommendation of the committee then to move that the minority report be substituted for the committee report. When action on the minority report is (c) A staff measure summary for all measures completed, the measure shall be read for the third time and except appropriation bills and joint memorials considered immediately.

(d) A fiscal impact statement, if applicable, (3) No member of a committee may subscribe to more than prepared by the Legislative Fiscal Officer one minority report respecting a given committee report.

(e) A revenue impact statement, if applicable, (4) Committee members may subscribe to a minority

SJ-14 SENATE JOURNAL report only if present during committee meeting when reporting a measure with amendments, or at the action was taken. President's discretion, the President may order a measure printed with the amendments engrossed therein. If the 8.65 Without Recommendation. measure is printed engrossed, it shall not be considered for final reading sooner than the session day following If a measure is reported without recommendation by a distribution of the printed engrossed measure unless the committee, the report shall be filed and the measure placed amendments have been distributed to the desks of the on the Second reading calendar for that day, and on the members. Third reading calendar the second session day following receipt. If the measure has amendments, second reading (4) Measures passed to the calendar in the regular order of shall occur on the same day on which printed amendments business which, according to Legislative Counsel, conflict are distributed. The measure shall be carried on the floor with measures previously passed in the current session, by the chief Senate sponsor, the committee chair, or may be taken from the calendar for the purpose of resolving committee member designated by the committee chair at the conflict. A motion by the chair of the committee that the discretion of the committee chair. considered the measure is in order for removal of the measure from the calendar. 8.70 Adverse Committee Report. (5) Notwithstanding the provisions of this rule, it shall be (1) When a measure is reported with a do not pass in order for the Secretary of the Senate to replace a recommendation, the effect of the adoption of an adverse measure on the calendar for third reading and final passage committee report is the indefinite postponement of the in the regular order of business immediately after the measure. A motion to adopt the report is required. committee report resolving the conflict has been read. If changes other than resolving conflicts or minor corrections (2) The Secretary of the Senate must notify, in writing, are made, consideration of the measure must comply with the President, President pro tempore and the sponsors of the regular procedure. the measure of an adverse report within 24 hours of receipt of the report by the Secretary of the Senate. No action shall 8.85 Order of Consideration for Final Passage. be taken on any adverse report until 24 hours after the Secretary of the Senate has notified the President, (1) When placed on the calendar for final passage, President pro tempore and the sponsors of the measure. measures shall be considered in their numerical order. However, appropriations measures shall precede other 8.75 Germaneness. measures.

If, at any time after filing of a committee report, including a (2) Except as otherwise provided in these rules, no motion conference committee report, and before final action by the is required to adopt a committee report. Senate on the measure, a member raises the question of the germaneness of the amendments, the President shall decide 8.95 Substitute Measure. the question based on section 402 of Mason’s Manual of Legislative Procedure and announce the decision from the A substitute measure shall be treated as a newly introduced rostrum. measure providing it is relevant to the title and subject of the original measure. After first reading, the measure shall 8.80 Third Reading and Final Passage. be placed on second reading, on the next session day, without referral to committee. (1) Except as provided in Senate Rule 3.50, measures shall be placed on the calendar for third reading and final RECONSIDERATION passage the next session day following second reading. 10.01 Reconsideration. (2) When a measure is reported favorably but with amendments, the amendments must be printed and (1) A motion for reconsideration may be made by a distributed to the desks of the members before the measure member who voted on the prevailing side when: comes up for third reading and final passage. The measure (a) A measure or executive appointment has passed shall be placed on the calendar for third reading and final or been confirmed; passage on the session day following the day of distribution of the printed amendments. (b) A measure or executive appointment has failed to pass or has been denied; (3) Upon the recommendation of the committee chair SENATE JOURNAL SJ-15

(c) A non-procedural motion has been adopted; or has been amended in the House, the vote to concur and repass the measure, or not to concur with the House (d) A non-procedural motion is defeated. amendments, shall not be taken before the next session day after the message from the House has been read. A motion for reconsideration is not in order on a vote whereby a measure was indefinitely postponed. (2) A motion to concur and repass the measure, or not to concur with the House amendments, shall come under the (2) Notice of intent to move for reconsideration must be order of business of Propositions and Motions and is not given orally by the member who intends to move the subject to referral to a committee. motion. Notice must be given prior to adjournment on the day on which the vote to be reconsidered was taken. (3) On the motion to concur and repass the measure, a roll call vote is required and a constitutional majority (16) is (3) A motion to reconsider may be debated together with needed for concurrence and repassage, except in the case of the main question, if the subject of the main question is a measure requiring an otherwise constitutionally debatable. designated majority vote.

(4) The motion to reconsider may be voted on the day when (4) On a motion not to concur, the affirmative votes of a the vote to be reconsidered was taken, or on the next majority of the members present is needed. If the motion session day. not to concur is adopted, the President shall appoint a conference committee. (5) A majority affirmative vote of those present and voting is required to reconsider a vote, including a measure (5) If a motion not to concur is defeated, the President requiring an otherwise constitutionally designated majority shall immediately order a roll call vote on the question of vote. There shall be only one reconsideration of any final concurrence and repassage of the measure. vote even though this action reverses the previous action. (6) If the motion to concur and repass the measure is 10.05 Transmitting Measures which may be defeated, the President shall appoint a conference Reconsidered. committee.

When a member has given notice of intention to move for 11.05 Conference Committee. reconsideration of the final vote passing a measure, the Secretary of the Senate shall not transmit that measure Upon receipt of a message from the House that it has failed until a motion for reconsideration has been made or the to concur with Senate amendments to a House measure, the time for making a motion has expired. However, if the President shall, within five calendar days, appoint a measure subject to reconsideration was passed on what the conference committee of two or more members to represent President has reasonable cause to believe is one of the final the Senate and meet with a similar committee of the House. days of the session, the Secretary of the Senate shall Each conference committee shall have equal numbers of transmit the measure notwithstanding the fact that notice members from each party. At least one member appointed of reconsideration has been given. shall have served on the Senate committee that considered the measure. The President may request the committee 10.10 Recall of a Measure. chair to designate one of the members.

In order to reconsider the vote on a measure no longer in 11.10 Authority of Conference Committee. possession of the Senate, a motion to recall the measure is in order. Measures originating in either the House or the (1) The conference committee has authority to propose Senate may be recalled from the Governor at any time prior amendments only within the scope of the issue between the to signing and filing of the measure by the Governor. A houses. motion to request the return of a measure shall be acted upon immediately and without debate. (2) The Senate conferees shall meet with the House conferees as soon as is practicable after appointment. The CONFERENCE time and place shall be agreed upon by a majority of all the conferees. The committee shall immediately notify the 11.01 Vote to Concur in Amendments of Other President and the Secretary of the Senate of the time and House. place of the meeting. The Secretary of the Senate shall immediately cause notice of the meeting to be given to the (1) Upon return to the Senate of a Senate measure which public and posted outside the Senate Chambers. Notice of

SJ-16 SENATE JOURNAL the meeting shall be announced on the floor, if the Senate is Senate. in session. SPONSORSHIP 11.15 Adoption of Conference Committee Report. 12.01 Sponsorship. (1) If a majority of conference committee members of each house agree to an amendment, or otherwise resolve the (1) Every measure introduced in the Senate shall bear the issue between the houses, the report shall be filed with both name of the chief sponsor(s) and shall comply with ORS houses. A majority of conferees from each house shall sign 171.127. the report. A dissenting conferee may indicate that fact when signing the report. (2) Upon written request, filed with the Secretary of the Senate, a member may be added to any measure as a (2) No motion is required to adopt the conference sponsor, after first reading and prior to final consideration. committee report if repassage of the measure is not required. When repassage is required, a motion to adopt (3) When the measure is in the possession of the Senate, the conference committee report and repass the measure is the President may order the name of a sponsor deleted from necessary. A motion shall not be made sooner than the next a printed engrossed or enrolled measure if a sponsor session day after the conference committee report has been requests in writing to have the name removed because it printed and then may be made at any time. was placed on the measure by error or because the measure has been so substantially altered that the sponsor can no (3) On the motion to adopt the conference committee longer sponsor it. If the removal is so ordered, the name report and repass the measure, a roll call vote is required shall be removed from the list of sponsors at the next and the affirmative votes of a constitutional majority (16) is printing of the measure, and from the measure history in needed, except in the case of a measure requiring an the Status Report at the next printing. otherwise constitutionally designated majority vote. (4) If removal of the sponsor's name leaves the measure (4) If the motion to adopt the conference committee report without sponsorship, the President may order the name of and repass the measure fails, the President may appoint the committee that reported the measure to be named as another conference committee. sponsor.

(5) On a motion to refuse to adopt the conference 12.02 Requester. committee report, the affirmative vote of a majority of those present is needed. If the motion is adopted, the President (1) Every measure introduced at the request of an may appoint a conference committee. individual, organization, state agency, or legislative interim committee shall indicate that it is introduced by request (6) It shall not be in order to refer, rerefer or amend a and identify the requester. conference committee report. (2) When the measure is in the possession of the Senate, (7) When the conference committee report concerns a the President may order the name of a requester added or measure that originated in the House, the Senate may take deleted from a printed engrossed or enrolled measure if the action in accordance with subsections (1) and (2) without chief sponsor or the requester asks in writing to have the waiting for action by the House. name added or removed.

11.20 Discharge of Conferees. (3) A requester's name may be removed because it was placed on the measure by error or because the measure has (1) If a majority of conference committee members cannot been so substantially altered that the requester can no agree within a reasonable time, the Senate conferees shall longer support the measure. advise the President of their inability to agree with the House conferees and request discharge. The President shall (4) If the addition or removal is so ordered, the requester's then discharge the Senate conferees and may appoint a new name shall also be added or removed from the measure at conference committee to represent the Senate. the next printing and from the measure history in the Status Report at the next printing. (2) If a conference committee does not report within a reasonable period of time after its appointment, the 12.05 Committee Sponsorship. President may discharge the Senate conferees and appoint new conference committee members to represent the Any measure to be sponsored by a committee must be SENATE JOURNAL SJ-17 approved for such sponsorship by a majority of the Senate. committee members and must be signed by the committee chair. (4) When a measure is amended, Legislative Counsel shall prepare an amended summary. The amended summary INTRODUCTION OF MEASURES may be a part of the printed amendment. The summary shall be amended to show proposed changes in the measure 13.01 Requirements for Presentation of Measures in the same manner as amendments to existing law are for Introduction; Bill backs. shown.

(1) The sponsor of a measure for introduction shall present (5) All summaries must comply with ORS 171.134. to the Secretary of the Senate one copy two copies of the measure, one of which has a bill back initialed by the 13.05 Deadline on Introductions sponsor(s). Such presentation may be made only by a member, authorized staff of a member or, in the case of a No measure shall be accepted by the Secretary of the committee, by the chair or authorized committee staff. The Senate for introduction in the Senate after Secretary of the Senate or a person authorized by the 5 p.m. on the 36th calendar day of the session except: Secretary of the Senate shall, upon request, provide a time-dated receipt to the person presenting the measure. (1) Measures approved for introduction by the Senate Committee on Rules (2) A copy of the measure designated as the original shall and so identified by the initials of the chair on the original be placed in the original measure folder. Copies of all copy. amendments and reports, and a record of all actions on the measure shall be maintained with the original measure (2) Appropriation or fiscal measures sponsored by the folder. Joint Committee on Ways and Means. (3) Immediately after presentation to the Secretary of the Senate, the measure shall be sent to Legislative Counsel for (3) Measures drafted by Legislative Counsel and examination and compliance with the “Form and Style introduced as provided in Senate Rule 13.15. Manual for Legislative Measures” and preparation of a copy for the State Printer. No corrections that might affect the 13.08 Introduction of Agency Bills. substance of the measure shall be made without the consent of the sponsor of the measure. A state agency that did not file a measure prior to the session pursuant to ORS 171.132 may request, in writing, 13.02 Measure Summary. to have the measure introduced by submitting the measure to the Senate Committee on Rules. If the committee (1) No measure shall be accepted by the Secretary of the concludes that the agency's reason for not filing the Senate for introduction without an impartial summary of measure under ORS 171.132 is adequate, the committee the measure's content, describing new law and changes in may introduce the measure as a committee bill or with existing law proposed by the measure. Any measure whatever other sponsorship is requested. presented to the Secretary of the Senate which does not comply with this requirement shall be returned to the 13.10 Legislative Counsel Drafting Services. member or committee that presented it. (1) Between 5 p.m. on the 22nd calendar day of the session (2) The summary may be edited by Legislative Counsel and 5 p.m. on the 29th calendar day of the session, the and must be printed on the first page of the measure. The Legislative Counsel shall accept only five non-transferable summaries of measures may be compiled and published by drafting requests from each member. The Legislative the appropriate legislative agency. Counsel shall cease accepting drafting requests from members at 5 p.m. on the 24th calendar day of the session. (3) If a material error in a printed summary is brought to the attention of Legislative Counsel, Counsel shall cause a corrected summary to be prepared which shows the changes (2) After 5 p.m. on the 29th 36th calendar day of the made in the summary. Changes shall be shown in the same session, the Legislative Counsel shall discontinue drafting manner as amendments to existing law are shown. Counsel of all measures except: shall deliver the corrected summary to the Secretary of the Senate. The President may order the corrected summary (a) Measures approved for drafting by the Senate printed and distributed as directed by the Secretary of the Committee on Rules;

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(b) Appropriation or fiscal measures approved for (3) The President may direct publication of the Status drafting by the Joint Committee on Ways and Means; or Report on a weekly cumulative basis, with daily supplements reflecting the proceedings of the previous day. (c) A proposal requested for drafting by a member under Senate Rule 13.15. 14.03 Senate Records.

(3) Nothing in this rule prohibits Legislative Counsel from (1) As used in this rule, “Senate record” means a measure providing drafting services for amendments to measures, or amendment of a measure, a document, book, paper, including substitute measures, at the request of a member photograph, sound recording or other material produced by or a committee. the Senate, a Senate committee or staff member, in connection with the exercise of legislative or investigatory 13.11 Confidentiality; Consolidation of Requests. functions, but does not include the record of an official act of the Legislative Assembly kept by the Secretary of State (1) A member may designate that a request for measure under section 2, Article VI of the Oregon Constitution. drafting services be treated as confidential in accordance with ORS 173.230. Requests from a committee may not be (2) Subject to the needs of Senate members and Senate treated confidentially. staff in the performance of official duties, Senate records in the possession of the Senate shall be available for public (2) Whenever a request is made for measure drafting inspection, subject to such requirements as may be imposed services, Legislative Counsel shall inform the requester of by the President to insure their safety. all nonconfidential requests for similar measures and attempt to consolidate all such requests in one measure. (3) Sound recordings shall be made of every floor session of Legislative Counsel shall also inform requesters of the Senate and be kept in the custody and control of the confidential drafts when similar but nonconfidential Secretary of the Senate. Sound recordings shall be made of requests are made. This will be done in order to determine every committee meeting and be kept in the custody and whether the requester wishes to consolidate the confidential control of the Legislative Administrator. request with similar but nonconfidential requests. (4) A Senate committee or Senate staff member having 13.15 Drafting Requests. possession of Senate records that are not required for the regular performance of official duties shall, within 10 days (1) Every member shall be entitled to not more than two after the adjournment sine die of the session, deliver all priority drafting requests of the Legislative Counsel. such Senate records to the Legislative Administrator.

(2) Every measure bearing a priority designation of the (5) Senate records shall not be loaned except to staff of the Legislative Counsel must be presented to the Secretary of Legislative Assembly who require access to such records in the Senate for introduction within three session days after the performance of official duties. Arrangements for having delivery of the measure to the member by the Legislative records copied may be made and an appropriate fee to meet Counsel. The Secretary of the Senate shall not accept any costs may be imposed. All monies collected under this rule measure showing that it was delivered by Legislative shall be promptly turned over to the Legislative Counsel to the member more than three session days before Administrator or designee. it is presented to the Secretary of the Senate. 14.05 Other Legislative Publications. PUBLICATIONS AND RECORDS (1) Unless otherwise directed by resolution, the President 14.01 Journal; Status Report is authorized to implement the powers vested in the Senate by ORS 171.206. (1) The Senate shall cause a Journal of its proceedings to be maintained. The Journal shall contain a full, true and (2) All orders for printing and distribution of publications correct chronological record of all proceedings of the Senate. printed for the Senate, except those publications the printing or distribution of which are governed specifically (2) The Senate shall cause a Status Report to be composed by statute or otherwise, shall be signed by the President or and printed daily during the regular session of the by a designee. Legislative Assembly. The measures shall be listed in numerical order and shall contain title, sponsor and a 14.10 Distribution of Legislative Publications. history of actions taken in each house. SENATE JOURNAL SJ-19

(1) In implementation of ORS 171.206, and for the proper legislative newsletter or informational material has left the functioning of the Senate, the Secretary of the Senate shall possession and control of the member. order from the Legislative Administrator a sufficient number of copies of all publications printed for either house OFFICERS; PERSONNEL of the Legislative Assembly. 15.01 Secretary of the Senate; Election and Duties. (2) Unless otherwise directed by joint resolution or otherwise provided under ORS 171.206, 171.236 or 182.070, (1) The members shall elect a Secretary of the Senate who the Legislative Administration Committee shall, upon shall be considered an officer of the Senate and shall serve request, cause to be distributed, without charge, the at its pleasure until the convening of the next regular publications of each session of the Legislative Assembly to session of the Legislative Assembly. In the event the office boards of county commissioners, cities, public libraries, law becomes vacant at a time when the Senate is not in session, schools in the state and accredited representatives of the the President may appoint an acting Secretary of the news media as considered appropriate. Senate to serve until the next regular or special session or meeting of the Senate to consider executive appointments, (3) Each member is authorized up to 15 mailings of weekly at which time the members shall elect a Secretary of the Status Reports, indexes and Legislative Schedules without Senate. charge. (2) Under the direction of the President, the Secretary of (4) Each member is authorized a maximum of 50 additional the Senate, in addition to performing those duties provided copies of measures without charge. by law or other provisions of these rules, shall:

(5) Mailings of legislative publications requested by (a) Authorize and supervise the preparation and members shall not be made to any person who is a lobbyist, distribution of all measures, Status Reports, as defined in ORS 171.725. Journals and related publications of the Senate.

14.20 Legislative Newsletters. (b) Be responsible for the keeping of the measures, papers and records of the proceedings and actions of the (1) Each member may issue legislative newsletters or Senate and have charge of the publications and distribution other informational material to constituents. Costs for of publications related thereto. newsletters and informational material may be billed to the member’s individual expense account. Such newsletters or (c) Instruct and supervise staff of Senate other informational material charged in whole or in part committees in the preparation of official Senate records. against a member’s individual expense account may be distributed at any time during a member’s term with the (d) Receipt for documents transmitted to the following exceptions: Senate and take receipts from persons, including Senate committees, receiving documents from the Senate. (a) The period commencing 60 days before the primary election until the day following the election (e) Serve as parliamentarian for the Senate. if the member is a candidate for election or reelection at the primary election. (f) Instruct and supervise Senate employees engaged in carrying out the duties described in paragraphs (b) The period commencing 60 days before the (a), (b) and (c) herein, and employees, other than members' regular general election until the day following the personal staff, assigned to duties in or related to the election if the member is a candidate for election or Chamber area. reelection at the general election. 15.02 Sergeant at Arms; Appointment and Duties. (2) As used in this rule “legislative newsletter” and “informational material” means material suitable for (1) The Secretary of the Senate, in consultation with the distribution to members of the public informing them of President, shall appoint a Sergeant at Arms. official activities of a legislator or actions occurring before the Legislative Assembly or its committees or affecting its (2) Under direction of the President, the Sergeant at Arms, activities when such material is not campaign material and assisted by the Capitol Executive Security when directed by does not serve partisan political purposes. the President, shall maintain order in the chamber and other areas assigned to the Senate, execute all processes (3) As used in this rule “distributed” means that the issued by authority of the Senate or any of its committees,

SJ-20 SENATE JOURNAL and perform such other duties as the President may direct. appointing authority and shall be appointed or dismissed by The Sergeant at Arms shall permit such ingress and egress written notice thereof to the Legislative Administrator. to the chamber during sessions as may be directed by the President or allowed by the rules. (6) The time of service for all employees begins on the date contained in their letter of appointment, which shall be filed 15.04 Senate Desk and Floor Personnel. with the Legislative Administrator's office.

(1) The Secretary of the Senate, in consultation with the (7) To maintain professionalism in the legislative process, President and President pro tempore of the Senate, shall dress code policies may be established for positions which appoint Senate desk staff, floor personnel and receptionists support decorum and protocol of the Senate. as necessary to conduct the business of the Senate and in accordance with the current Legislative Assembly budget. 15.10 Salaries.

(2) Personnel assigned to the Senate Desk and the Senate All salaries for Senate employees shall be fixed by the Per floor, including receptionists shall perform duties as Diem Committee and reported to the Senate. directed by the Secretary of the Senate and the President. 15.20 Expense Allowance. 15.05 Other Personnel. Each member has an allowance of $27,439 28,399 during (1) (a) Subject to the provisions of this rule, a member the regular session for personal staff as defined in Senate may appoint personal staff for the session or the interim or Rule 15.05, services and supplies as defined in Senate Rule both, according to the allowance provided in the current 16.01, and legislative newsletters as defined in Senate Rule Legislative Assembly budget. 14.20.

(b) A member shall establish salaries payable to SERVICES AND SUPPLIES persons appointed under subsection (1) (a) of this rule. If a member has a balance in his/her staff allowance account at 16.01 Office Supplies, Stationery and Equipment. adjournment sine die of the regular session, the member may use the balance during the interim for personnel or for (1) The Legislative Administrator shall issue office legislative newsletters or other informational material. supplies directly to Senate members and staff in accordance with the Rules of the Senate and policies of the Legislative (c) For purposes of computing fringe benefits, Administration Committee. Members and staff shall persons appointed under subsection (1) (a) of this rule who comply with ORS 171.136. are paid less than $600 per month shall be considered to be working less than half time and shall not be eligible for (2) New members will receive a one-time allowance of $200 such benefits. A member shall not appoint more than for start-up expenses. The costs of requisitioned services two persons eligible for fringe benefits in any month. and supplies shall be charged against the member's individual services and supplies account. Weekly Monthly (2) The caucus leaders may each appoint such staff as is reports of the status of the member’s services and supplies necessary to conduct the business of the caucus as provided accounts shall be provided to each member. in the current Legislative Assembly budget. (3) Services and supplies that may be obtained under this (3) The President, in consultation with the President pro rule include: tempore, may appoint such staff as is necessary to perform the duties of the offices of the President and President pro (a) Postage (all classes) tempore or to assist the Senate. (b) Subscriptions to newspapers and periodicals (4) In consultation with each committee chair, the President may appoint a committee administrator and (c) Out-of-state telephone toll charges committee assistant to conduct the business of the committee and in accordance with the current Legislative (d) (c)Office supplies Administration budget, may appoint other personnel as determined necessary for the proper operation of the (e)(d) Copying, facsimile charges committee. (f)(e) Newsletter printing, postage and labels (5) Employees of the Senate serve at the pleasure of the SENATE JOURNAL SJ-21

(g)(f) Any other service or supply authorized by the permitted within the bar except: President. (a) Members of the Senate; (4) All orders for stationery and printing may be placed with the Secretary of the Senate. (b) Desk and floor personnel of the Senate;

(5) Each member's office in the Capitol Building and (c) Members of the House of Representatives; committee office in the Capitol Building shall be provided with office furniture and equipment necessary to assist in (d) Accredited representatives of the news media; the conduct of Senate business. Requests for additional furniture or equipment shall be placed with the President. (e) One member of the staff of caucus offices; and

(6) Any amount remaining unexpended or unobligated in (f) One member of a Senator's personal staff or a the member's individual services and supplies account upon member of the staff of a Senate standing committee, adjournment sine die of the regular session may be used statutory committee, special committee, caucus offices may during the interim for the following: be seated at a member's desk. Additional Senate staff members are permitted on the side aisles. (a) Postage (all classes) (2) Courtesies of the floor may be extended only to special (b) Office supplies dignitaries, former members of the Legislative Assembly and members of the family of a member to whom courtesies (c) Copying, facsimile charges of the floor have been extended. However, courtesies shall not be extended to any former member who is a lobbyist. (d) Newsletter printing, postage and labels (3) No person who is a lobbyist as defined in ORS 171.725 (e) Interim staff. shall be permitted in the Senate Chamber area during its daily session. Any person transgressing this subsection (f) Any other service or supply authorized by the shall be removed from the Chamber and shall be subject to Senate President. the penalties provided by law for violation of lobbying regulations. (7) Any member who spends in excess of the allowance provided under these rules shall reimburse the Legislative (4) Admission to the side aisles beyond the bar shall be Assembly for the overdraft. reserved for the families and guests of members of the Senate, local and state-elected officials and such other 16.02 Assembly Transition persons as may be authorized by the President. However, the privilege shall not be granted to any person actively Those members not returning to serve in the next regular engaged in seeking the passage or defeat of any measure, legislative session shall have until December 1 of the even- except during consideration of Concurrent Resolutions as numbered year to vacate their office space in the State may be authorized by the President. Capitol. (5) No food, beverage or smoking is permitted on the side 16.05 Requests for Attorney General Opinions. aisles or within the bar.

Requests for opinions from the Attorney General require (6) While the Senate is in daily session, the center aisle of approval of the President as a necessary condition for the floor shall be kept clear of all persons, except members authorizing payment from legislative funds. This rule takes and the Secretary of the Senate or someone acting under precedence over subsection (2) of ORS 180.060. Legislative the direction of the Secretary of the Senate and conducting Counsel shall provide legal advice and opinions to the the business of the Senate. Access to the Chamber during a members of the Senate without prior approval of the daily session shall be by the side doors and side aisles. President. (7) Beginning 15 minutes before the opening of each PRIVILEGES session and ending 15 minutes after the session, no person shall be permitted in the Chamber area except those 17.01 Floor Privileges. authorized to be in the Chamber under this rule.

(1) When the Senate is in session, no person shall be 17.02 Accreditation of News Media.

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(1) As used in these rules, “accredited representatives of (2) "Workplace harassment" means treatment or behavior the news media” means bona fide representatives of that to a reasonable person creates an intimidating, hostile publications of general circulation and of news wire services or abusive work environment, and includes violent acts for and bona fide representatives of radio and television which employers could be held liable. Harassment may be facilities. based on a person’s sex, race, religion, age, disability, national origin or status as a member of a protected class. (2) In order to obtain accreditation, representatives of the news media shall register in the office of the President, (3) (a) “Sexual harassment” means unwelcome sexual indicating the publication, news wire service, radio or advances, requests for sexual favors and other verbal or television station represented. However, any physical conduct of a sexual nature when: representative of a news media who is attending the session as a lobbyist, as defined in ORS 171.125, shall not be (A) A person says or suggests that declining to entitled to accreditation or the privileges of the floor. submit to the conduct will affect a person’s job, benefits or business before the Legislative Assembly; (3) Accredited representatives of the news media may use still cameras on the side aisles. The use of motion picture (B) A person uses submission to or rejection of the or television cameras in the Chamber, or still cameras conduct as the basis for decisions affecting another person’s within the bar, may be permitted by the President. The employment; or Secretary of the Senate shall provide adequate camera locations for accredited representatives of the news media C) The conduct has the purpose or effect of in the Senate gallery. Personnel of Legislative Media unreasonably interfering with a person's performance or Services are subject to this rule. creating an intimidating, hostile or offensive environment in which the person works. 17.03 Distribution of Materials on Floor. (b) "Sexual harassment" includes the following conduct: (1) No materials on any measure which is on the third reading calendar or on the agenda may be distributed on (A) Verbal abuse of a sexual nature; the floor except materials prepared for, or by, a member of the Senate. (B) Graphic comment about a person's body or attire; (2) No anonymous material shall be distributed to members on the floor at any time. A copy of any material (C) Touching of a sexual nature; distributed to members' desks must be filed with the Secretary of the Senate prior to distribution. (D) Sexual advances and propositions;

(3) Nothing in the rule prohibits a member from (E) Sexually degrading words used to describe a requesting and receiving specific material delivered by person; legislative staff. (F) Display in the workplace of any sexually (4) The Sergeant at Arms shall enforce this rule. suggestive object or picture; and

17.05 Lounge Privileges. (G) Any threat or insinuation that a person's refusal to submit to a sexual advance will adversely affect The lounge is for the convenience of Senators. Supervision, that person's employment, evaluation, wages, duties, work operation and use of the Senate Lounge shall be directed shifts or any other condition of employment or business through agreement of the Caucus Leaders. before the Legislative Assembly.

IMPROPER CONDUCT (4) A supervisor engages in improper conduct by failing to take appropriate action when the supervisor knows or 18.01 Work Environment. should have known that improper conduct is or was occurring. (1) The Senate is committed to providing a work environment free from improper conduct, which includes 18.02 Scope. any conduct, including workplace harassment that discredits the integrity of the Senate. The Senate rules on improper conduct apply to complaints SENATE JOURNAL SJ-23 brought against Senate members, Senate employees, However, a person making a complaint need not use this Senate caucus employees, lobbyists or the personal staff of a informal procedure before filing a formal complaint with the Senate member. Senate personal staff includes legislative Senate, administrative agency or court. The informal and assistants, secretaries, interns, volunteers and other staff formal procedures in the Senate rules on improper conduct working in the offices of individual members, the are optional; a person may or may not use them. President's office and the caucus offices. (1) The person making the complaint must submit the 18.03 Notice. complaint to an intermediary designated pursuant to subsection (5) of this rule within 30 days of the improper (1) When a legislative session commences, the President conduct. shall give the following notice to all Senate members and Senate employees: (2) The intermediary has two roles. First, the intermediary ensures that the person making the complaint has a safe (2) If you believe you have been a victim of improper and nonhostile work environment. The President or the conduct, you have options. You can tell the offender about Secretary of the Senate shall assist the intermediary in the action that disturbed you and ask the offender to stop. making the appropriate arrangements. Second, the You can communicate with the offender in person or in intermediary listens, answers questions and explains writing. You may also use the informal or formal options. The intermediary is not an advocate but a mediator procedures established by the Rules of the Senate as set who, with the permission of the person making the forth in 18.05 and 18.06 to pursue a complaint of improper complaint, may explore various paths to resolution. An conduct if you: intermediary does not have authority to impose disciplinary action. (a) Do not want to confront the offender directly; (3) The identities of the parties to the informal procedure (b) Have talked to the offender and the offensive shall be confidential. Any records related to the informal behavior has not stopped; or procedure shall be exempt from public disclosure under the provisions of ORS 192.501 and 192.502 without regard to (c) Believe your complaint has resulted in the public’s interest in their disclosure. Confidentiality retaliation. shall extend until such time as a formal written complaint, if any, is filed with the Legislative Counsel as provided in In addition, you have the right to file a complaint with Rule 18.06. administrative agencies and the courts. (4) After meeting with an intermediary, the person making (3) Notice of the Senate policy shall be posted in all work the complaint may decide to take further action and areas. institute formal complaint procedures.

18.04 Special Committee on Conduct. (5) The Caucus Leaders shall designate as intermediaries a reasonable number of Senate members and staff of the (1) The President shall appoint members of each party in Senate, including the Secretary, the Legislative equal numbers to the Special Committee on Conduct for the Administrator and the Employee Services Manager. A purpose of handling the formal procedure set forth in Rules description of the function of the intermediary shall be 18.06 to 18.09. The chair shall be a member of the majority prepared by the Legislative Administrator and approved by party and the vice chair shall be a member of the minority the Special Committee on Conduct. Designated party.from different parties. intermediaries shall be identified by name, with contact telephone number and office location, and a list of the (2) The committee shall adopt rules as necessary, designated intermediaries shall be given to all Senate including rules to govern the nature and scope of any members and Senate employees. The Senate shall save investigation conducted pursuant to the Senate rules on harmless and indemnify any intermediary against any tort improper conduct. claim or demand arising out of an alleged act or omission occurring in the performance of duty under these rules. 18.05 Informal Procedure. 18.06 Formal Procedure. Persons who believe they have been subjected to improper conduct may simply want the improper conduct to end; they A person may file a formal written complaint instead of may not want to go through a formal or legal procedure. participating in the informal complaint procedure described The following informal procedure addresses this need. in Rule 18.05, or may file a formal written complaint if,

SJ-24 SENATE JOURNAL after participating in the informal procedure, the person is conduct occurring from 30 days before the convening of a not satisfied with its resolution. The formal complaint regular session of the Legislative Assembly to adjournment procedure shall consist of the following steps: sine die. However, if the complaint is filed less than 10 days before adjournment, the President may refer the complaint (1) During a legislative session, the person must file a to an interim committee on conduct. formal written complaint with the Caucus Leaders. If the person filing the complaint agrees, the Caucus Leaders may (2) If a person files a formal complaint with Legislative work to resolve the complaint informally. However, if there Counsel during the interim between legislative sessions as is no informal resolution, the formal written complaint shall provided in Rule 18.06, the President may appoint an be filed by the Caucus Leaders with Legislative Counsel interim committee on conduct for the sole purpose of within seven days of the determination that there is no hearing that complaint. consent or no resolution. During the interim between legislative sessions, the person must file a formal written (3) Neither committee shall have jurisdiction over any complaint with the Legislative Counsel. complaint that is:

(2) The person must file the formal written complaint (a) Based on conduct that occurred before the within 30 days of the improper conduct or, if the person has effective date of these Senate rules on improper conduct; or timely begun an informal procedure, within 14 days of the end of the informal procedure. (b) Filed after the deadline prescribed by Rule 18.06. (3) Upon receipt of a complaint, the Caucus Leaders shall: 18.08 Hearing. (a) Provide the person filing the complaint with a safe and nonhostile work environment with a comparable (1) Upon receipt of the formal written complaint and the work assignment; and investigator's report, the Special Committee on Conduct shall schedule a public hearing on the complaint. The (b) Notify the accused of the complaint, the name of committee shall notify the Caucus Leaders, the President, the person making the complaint and the nature of the the person filing the complaint and the person who is the complaint. subject of the complaint of the hearing date, which shall be not sooner than 14 days after receipt of the complaint and (4) After the filing of a formal written complaint with report. The committee must complete its hearing and make Legislative Counsel, the Caucus Leaders shall appoint an its recommendations within 60 days of the filing of the investigator who is not an employee of the Legislative formal written complaint with Legislative Counsel. Assembly and who is experienced in investigating complaints of improper conduct of the type alleged. If the (2) At the hearing, only the members of the committee may respondent is either Caucus Leader, or the Caucus Leaders ask questions of witnesses. The person who filed the are unable to agree on appointing an investigator within 10 complaint and the person who is the subject of the days of the filing of the complaint, Legislative Counsel shall complaint, or a representative of either of them, shall be appoint the independent investigator. allowed to present evidence to the committee by suggesting witnesses and documents to be presented to the committee (5) The investigator shall conduct an investigation and, and by suggesting questions that the committee may within 14 days after being appointed, present findings of address to the witnesses. Questions by committee members fact and recommendations to the President, President pro must be those that a court of law would deem relevant to a tempore and the Caucus Leaders, the person filing the civil action involving the same conduct. complaint, the person who is the subject of the complaint and the members of the Special Committee on Conduct. (3) Audio recordings of the committee hearing shall be made by committee staff and shall be made available on an (6) If the person accused of improper conduct is a Caucus expedited basis to the person filing the complaint and to the Leader, the obligations of that Caucus Leader under this person who is the subject of the complaint. No television rule shall be assumed by the President or President pro equipment or tape recording devices other than those used tempore, whichever is of the same party as the accused for official committee recording shall be permitted at the caucus leader. hearing.

18.07 Time Limits. (4) If the person filing the complaint or the person who is the subject of the complaint disagrees with the (1) The Special Committee on Conduct has jurisdiction over recommendations of the Special Committee on Conduct, SENATE JOURNAL SJ-25 either person may request that the committee review the Retaliatory action against any person who participates in recommendations. The request must be made in writing any activity authorized or directed by Senate rules is within 10 days after receiving written notice of the prohibited and constitutes improper conduct within the committee's action. The committee must complete the meaning of Rule 18.01. review not later than 10 days after receiving the request. EXECUTIVE APPOINTMENTS 18.09 Sanctions. 19.10 Referral to Committee. (1) (a) Any sanction the Special Committee on Conduct recommends must be proportionate to the seriousness of the Following reading of the message from the Governor offense. appointing a person to a position or office requiring confirmation by the Senate, the President shall refer the (b) For Senate personal staff, recommended appointment to an appropriate standing or special sanctions may include reprimand, suspension or committee and may refer it to not more than one additional termination. The supervising Senate member must impose committeethe committee on Rules. The committee shall the sanction recommended for personal staff. consider the appointment as soon as practicable.

(c) For Senate members, recommended sanctions 19.20 Committee Review of Appointees. may include reprimand, censure or expulsion. (1) All persons initially appointed to boards, commissions (d) The President must impose any sanction or agencies, subject to the provisions of section 4, Article III recommended against persons other than Senate personal of the Oregon Constitution, shall appear before the staff and members. Recommended sanctions may include, appropriate Senate committee prior to confirmation by the as appropriate, reprimand, censure or exclusion from part Senate. or all of the Senate. (2) The chair of the Executive Appointments Committee, (2) If the committee recommends no action, the formal with the consent of the President of the Senate and a procedure is concluded and the complaint shall be majority of the committee members, may waive appearance considered dismissed. before the committee of persons appointed by the Governor.

(3) Any recommended sanction resulting from a formal complaint against a Senate member must be recommended 19.35 Committee Action. to the floor by the Special Committee on Conduct. Any formal sanctions recommended against a Senate member (1) The committee may, after public hearing, take action must be referred to the floor for approval by a two-thirds on the appointment and promptly file the report with the majority vote of the Senate before final action is taken Secretary of the Senate. On final action the committee shall against a Senate member. recommend that:

(4) The person who filed the complaint may determine that (a) the Senate confirm; no further action is necessary but is not precluded from pursuing other appropriate remedies, including court (b) the Senate refuse to confirm; or action. (c) the appointment be reported to the Senate 18.10 Malicious or Frivolous Claims. without recommendation.

If, after a hearing, the Special Committee on Conduct 19.40 Additional Time for Consideration. determines that a complaint of improper conduct is frivolous, the person filing the complaint shall be subject to (1) If any appointment submitted by the Governor and appropriate disciplinary action, including the sanctions set subject to Senate confirmation is submitted too late for the forth in Rule 18.09. A complaint is frivolous only if the Senate to review the recommendation of the committee or complaint was not grounded in fact or warranted by otherwise consider the appointment, that appointment shall existing law, or was brought forward solely to harass the be carried over to the next convening of the Senate as accused person or to interfere with the work of the Senate. required by section 4, Article III of the Oregon Constitution and ORS 171.562 and 171.565. 18.11 Retaliation Prohibited. (2) The proposed appointment shall not be considered

SJ-26 SENATE JOURNAL rejected, or confirmation denied, if the appointment is when requested by a Constitutional majority (16) of the carried over. The action of carrying over consideration of members. the appointment shall be duly recorded in the Journal. (2) All deliberations of the Senate and its committees shall 19.55 Consideration of Committee Reports. be open to the public. However, nothing in this provision limits the procedures used for a Call of the Senate. This (1) Action on a committee report recommending Senate provision does not prohibit clearing the gallery in the event confirmation shall be placed on the calendar for the session of a disturbance, during which time the Senate shall be in day immediately following reading or distribution of the recess. report. 203.11 Interim Meetings. (2) If the committee recommendation is to refuse to confirm or no recommendation, action on the report shall When the full Senate meets to consider executive take place on the second session day after the session day appointments and other interim business, it shall not be the report is read or distributed. considered to be in regular or special legislative session or meeting as a committee of the whole. (3) The vote on confirmation shall be taken by roll call. The affirmative vote of a Constitutional majority (16) is VOTING necessary for confirmation. 203.15 Roll Call. 19.60 Confirmation en bloc. (1) A roll call vote of “ayes” and “nays” shall be taken. (1) If a committee reports on nominees en bloc, the report shall be placed on the calendar for confirmation the next (2) Upon the demand of two members, a roll call vote shall session day after reading or distribution of the list of be taken and recorded on any question. appointments. (3) If the presiding officer is in doubt on an oral vote, the (2) When there is more than one appointee to an individual presiding officer shall order a roll call vote. board, commission or agency, a motion to confirm en bloc, when recommended by the committee, shall be in order. (4) The affirmative vote of a Constitutional majority (16) is necessary for Senate confirmation of Executive (3) Any member may require a separate vote by requesting Appointments. that an appointee be considered separately. The request shall be submitted in writing to the Secretary of the Senate ORDER OF BUSINESS one hour before the session on the day that the confirmation is on the calendar. The request will be announced at the 204.01 Order of Business. appropriate time and the appointee considered separately from the en bloc vote. (1) The general order of business shall be:

Appendix A (a) Roll Call

INTERIM RULES OF THE SENATE (b) Honors to the Colors and the Pledge of Seventy-second third Legislative Assembly Allegiance

(c) Invocation 202.01 Use of Mason's Manual of Legislative Procedure. (d) Courtesies of the Senate

Mason's Manual of Legislative Procedure shall apply to (e) Remonstrances cases not provided for in these Interim Rules, the Rules of the Senate or otherwise covered by the Oregon (f) Reports from standing committees Constitution, statute or custom. (g) Reports from special committees 203.05 Session Hour; Deliberations Open. (h) Propositions and motions (1) The Senate shall meet at the call of the President, or SENATE JOURNAL SJ-27

(i) Action on Executive Appointments requiring Senate confirmation EXECUTIVE APPOINTMENTS

(j) Reading of Senate petitions, memorials and 209.15 Transmittal of Executive Appointments. resolutions (1) Upon receipt of a message from the Governor (k) Other business of the Senate appointing a person to a position or office requiring the confirmation by the Senate, the Secretary of the Senate (l) Announcements shall transmit the message to the chair of the Rules and Executive Appointments Committee. (2) Messages from the Governor may be read at any time. Courtesies may be extended at any time. (2) A summary list of executive appointments received by the Secretary of the Senate and transmitted to committee (3) Questions relating to the priority of business shall be shall be distributed to members at least 72 hours in decided without debate. advance of the scheduled convening of the Senate.

(4) The general order of business shall not be varied except 209.20 Committee Review of Appointees. upon suspension of the rules. However, any subject before the Senate may be made a special order of business by the The chair of the Executive Appointments Committee, with vote of a majority of the members present. When the the consent of the President of the Senate and a majority of appropriate time for consideration of the subject arrives, the committee members, may waive appearance before the the Senate shall take up the subject. committee of persons appointed by the Governor.

PRESIDING OFFICER 209.35 Committee Action Required.

207.01 Presiding Officer; Other Officers. (1) The committee shall, after public hearing, take action on the appointment and promptly file its report with the The officers of the Senate, during the interim, shall be those Secretary of the Senate. The committee shall recommend elected by the Senate for the 72nd 73rd Legislative that: Assembly, under Senate Rules 7.01 and 15.01. COMMITTEES (a) The Senate confirm;

208.01 Names of Committees. (b) The Senate refuse to confirm;

(1) The following shall be the interim standing committees (c) Report the appointment to the Senate without of the Senate: recommendation; or

(a) Committee on Rules and Executive (d) Report that no final action was taken and that Appointments the appointment shall be carried over.

(b) Committee on Conduct (2) The committee may include material in its report that the committee deems appropriate. (2) The committee on Rules and Executive Appointments shall have at least fourfive, but not more than 1211 209.40 Additional Time for Consideration. members. The number of members must represent proportionally the makeup of the political parties of the full (1) If any appointment submitted by the Governor and Senate.be an even number and shall have an equal number subject to Senate confirmation does not receive final action of members from each party. by the committee, the appointment shall be carried over to the next convening of the Senate or shall be considered at (3)The makeup of all interim committees shall have an even the next special session. number of members from each party. (2) The proposed appointment shall not be considered (4)(3) The President may appoint special committees. rejected or confirmation denied if the appointment is Referral of executive appointments to special committees carried over. The action of carrying over consideration of requires approval of a majority of the members of the the appointment shall be recorded in the Journal. Senate.

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209.45 Dissents. (2) The effect of withdrawal shall be the same as if the committee had reported the appointment to the Senate Upon request, any member of the committee who dissents without recommendation. from the committee recommendation shall be listed in the committee report as not concurring therein. The names of (3) A motion to withdraw shall not be in order if the the members not concurring shall be recorded in the committee has been granted additional time to consider the Journal and Status Report. appointment pursuant to Interim Rule 209.40.

ACTION ON COMMITTEE REPORTS RECONSIDERATION

209.50 Reading of Committee Reports. 210.01 Reconsideration of Executive Appointments.

At the discretion of the President, committee reports at the (1) When an executive appointment has been confirmed, Senate Desk may be either read or announced under the or the Senate has refused to confirm, it shall be in order for proper order of business. If reports are announced, the any member voting on the prevailing side to move for Secretary of the Senate shall distribute to the members' reconsideration of the vote. A motion for reconsideration is desks a Status Report with the pertinent information not in order on a vote which indefinitely postponed an included. Committee reports shall be recorded in the appointment. Journal. (2) Notice of intent to move for reconsideration must be 209.55 Consideration of Committee Reports. given orally by the member who intends to move the motion. (1) Reports from committees shall be considered in appropriate order at the next convening of the Senate. The (3) The motion to reconsider shall be moved and voted Status Report for such meeting shall be delivered to each upon before final adjournment of the Senate meeting during Senator at least 72 hours prior to the convening of the which the vote being reconsidered was taken. Senate. (4) A motion to reconsider may be debated together with (2) The vote on confirmation shall be taken by roll call. the main question, providing the subject of the main The affirmative vote of a Constitutional majority (16) is question is debatable. There shall be only one necessary for confirmation. reconsideration of any final vote, even though this action may reverse the previous action. 209.60 Confirmation en bloc. (5) The affirmative vote of a Constitutional majority (16) (1) When there is more than one appointee to an individual is required to adopt a motion to reconsider the vote. board, commission, or agency, a motion to confirm en bloc, when recommended by the committee, shall be in order. PRESESSION FILING Individuals whose appearance before the committee has been waived under Senate Interim Rule 209.20, may be 213.06 Presession Filing. considered en bloc upon recommendation of the committee. Presession filing and printing of measures shall be in (2) Any member may require a separate vote by requesting accordance with the rules and practices of the preceding that an appointee be considered separately. The request sessions, customs of the Senate, and statutes. Members, shall be submitted in writing to the Senate Desk one hour members-elect, and committees may not request drafting before the session on the day that the confirmation is on the services from the Legislative Counsel for an agency or calendar. The request shall be announced at the officer of the executive or judicial departments unless the appropriate time and the appointee separated from the en agency or officer has arranged to pay any charge the bloc vote. Legislative Counsel imposes under ORS 173.130.

209.65 Withdrawing Appointment from Committee. 213.07 Measure Drafting and Filing by the Executive and Judicial Branches of State Government. (1) An appointment by the Governor requiring Senate confirmation, may be withdrawn from a committee by a (1) The Executive Department, administrative agencies, motion to withdraw the appointment. The motion requires a boards and commissions, and the Judicial Branch, shall Constitutional majority (16) for adoption. have all measures for presession filing with the Senate drafted by Legislative Counsel. SENATE JOURNAL SJ-29

manner prescribed by the Secretary of the Senate, and shall (2) All presession filing requests shall be submitted in the include, but not be limited to: manner prescribed by the Secretary of the Senate and shall include, but not be limited to: (a) One backed copy of the proposed measure;

(a) One backed copy of the proposed measure; (b) Measure Summary;

(b) Measure Summary; (c) Name of the Requester;

(c) Agency name; (d) Signature of the member or newly-elected official; and (d) Signature of agency director or designee; and (e) Contact person and telephone number. (e) Contact person and telephone number. (3) All presession filed drafts must be submitted to (3) All presession filed drafts must be submitted to the Secretary of the Senate by 5:00 p.m. on December 31 of the Secretary of the Senate by 5:00 p.m. on December 15 of the even numbered years. If the 31st falls on a weekend, the even numbered years. If the 15th falls on a weekend, the following Monday shall apply. following Monday shall apply. 213.28 Introduction Ordered by the President. 213.09 Measure Drafting and Filing by Statutory Committees, Interim Committees and Task Forces of (1) A presession filed measure may be introduced by order the Legislative Assembly. of the President. The measure shall bear a statement that introduction is by order of the President and by request. (1) All measures for presession filing must be drafted by The measure must identify the sponsor and indicate neither Legislative Counsel. advocacy nor opposition on the part of the President.

(2) All presession filing requests shall be submitted in the (2) The measure must be filed in conformance with Interim manner prescribed by the Secretary of the Senate and shall Rules 213.07, 213.09, 213.15. include, but not be limited to: 213.30 Confidentiality; Consolidation of Requests. (a) One backed copy of the proposed measure; (1) A requester may designate that a request for a (b) Measure Summary; Legislative Counsel draft be considered confidential in accordance with ORS 173.230. Requests from a legislative (c) Name of committee or task force; committee shall not be treated confidentially.

(d) Signature of Committee Chair; and (2) When a request is made for measure drafting services, Legislative Counsel shall inform the requester of all (e) Contact person and telephone number. nonconfidential requests of a similar nature previously submitted. An attempt shall be made to consolidate all such (3) All presession filed drafts must be submitted to the requests in one measure. Secretary of the Senate by 5:00 p.m. on December 31 of the even numbered years. If the 31st falls on a weekend, the PUBLICATIONS following Monday shall apply. 214.01 Journal. 213.15 Measure Drafting and Presession Filing by Members Who Will Serve in the Session and Newly (1) The Senate shall maintain a Journal of its proceedings. Elected Statewide Officials. The Journal shall contain a full, true and correct chronological record of all proceedings. (1) Drafting requests may be filed after the 2nd Monday in November of the even-numbered year, or following (2) At the discretion of the President, the Secretary of the certification of election if a recount is required, or has been Senate shall publish such information as may be required requested, under ORS 258.150 to 258.300. to inform the public of Senate actions and proceedings.

(2) All presession filing requests shall be submitted in the (3) Newsletters may be distributed in accordance with

SJ-30 SENATE JOURNAL

Senate Rule 14.20. Ginny Burdick Charlie Ringo PERSONNEL Doug Whitsett

215.07 Interim Staff. EDUCATION & WORKFORCE

A member may employ interim staff subject to the Vicki Walker, Chair provisions of Senate Rule 15.05 and as limited by the Charles Starr, Vice-Chair Legislative Assembly budget. Funds allocated for interim Ryan Deckert staff salaries may also be used to reimburse a member for Jeff Kruse vouchered in-district travel expense and vouchered services Bill Morrisette and supplies. ENVIRONMENT & LAND USE SERVICES AND SUPPLIES Charlie Ringo, Chair 216.01 Services and Supplies. Jason Atkinson, Vice-Chair Roger Beyer (1) Any amount remaining unexpended or unobligated in Ginny Burdick the member's individual services and supplies account upon Frank Shields adjournment sine die of the regular session may be used during the interim for the following: HEALTH POLICY

(a) Postage (all classes); Laurie Monnes Anderson, Chair Jeff Kruse, Vice-Chair (b) Office supplies; Peter Courtney Gary George (c) Copying, facsimile charges; Bill Morrisette

(d) Newsletter printing, postage and labels; HUMAN SERVICES

(e) Interim staff; and Bill Morrisette, Chair Jeff Kruse, Vice-Chair (f) Any other service and supply approved by the Rick Metsger Senate President. Laurie Monnes Anderson Charles Starr (2) Any member who spends in excess of the allowance provided under Senate Rule 216.01 shall reimburse the JUDICIARY Legislative Assembly for the overdraft. Ginny Burdick, Chair

Charles Starr, Vice-Chair President Courtney announced the following Roger Beyer committee assignments: Floyd Prozanski Charlie Ringo SENATE STANDING COMMITTEES Vicki Walker BUSINESS & ECONOMIC DEVELOPMENT Doug Whitsett

Rick Metsger, Chair REVENUE Bruce Starr, Vice- Chair Jason Atkinson Ryan Deckert, Chair Ryan Deckert Bruce Starr, Vice-Chair Laurie Monnes Anderson Gary George Rick Metsger COMMERCE Floyd Prozanski

Floyd Prozanski, Chair RULES Roger Beyer, Vice-Chair SENATE JOURNAL SJ-31

Kate Brown, Chair Ted Ferrioli, Vice-Chair Subcommittee on Transportation & Economic Jason Atkinson Development Charlie Ringo Frank Shields Margaret Carter Joan Dukes TRANSPORTATION Frank Morse Joanne Verger, Chair Joanne Verger Doug Whitsett, Vice-Chair Ben Westlund Rick Metsger Floyd Prozanski The following messages from the Governor were Bruce Starr read and referred to the President's desk: January 6, 2005 JOINT WAYS & MEANS TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY Kurt Schrader, Co-Chair Margaret Carter, Vice-Chair ORS 469.805 provides that the Governor shall appoint the Alan Bates members of the Pacific Northwest Electric Power and Conservation Planning Council, subject to Senate Richard Devlin confirmation, in the manner provided by ORS 171.562 and Joan Dukes ORS 171.565. Avel Gordly I appoint Joan Dukes of Astoria as a member of the Pacific Frank Morse Northwest Electric and Conservation Planning Council for David Nelson a three-year term beginning January 16, 2005, and ending January 15, 2008, effective upon Senate confirmation. Ben Westlund Jackie Winters This appointment is submitted for your consideration.

Sincerely, SENATE COMMITTEE ON WAYS AND MEANS Ted Kulongoski SUBCOMMITTEES Governor Subcommittee on Education Starr, B., having voted on the prevailing side, moved that the vote whereby the Senate adopted the 2005 Credentials Report today be reconsidered Richard Devlin, Chair immediately. Motion carried on voice vote. Avel Gordly Credentials Report, as amended, adopted by voice vote on motion of Starr, B. David Nelson Vicki Walker Doug Whitsett January 10, 2005

Subcommittee on General Government Presiding Officer:

Joan Dukes, Chair We, your Committee on Credentials, after Bill Morrisette inspecting the official Proclamation from the Secretary of Frank Morse State, respectfully submit the following report:

Subcommittee on Human Services That the following Senators are entitled to sit in this body until the second Monday in January 2007, to wit: Alan Bates Margaret Carter Peter Courtney Kurt Schrader Laurie Monnes Anderson Richard Devlin Frank Shields Ben Westlund Joan Dukes Bruce Starr Jackie Winters Rick Metsger Charles Starr Bill Morrisette Vicki Walker Subcommittee on Public Safety Frank Morse Jackie Winters Charlie Ringo Avel Gordly, Chair Richard Devlin That the following named Senators were elected on Jackie Winters November 2, 2004 at the General Election for a term of four years beginning the second Monday in January, 2005 and

SJ-32 SENATE JOURNAL are entitled to sit in this body until the second Monday in Pacific Northwest Electric Power and Conservation January, 2009, to wit: Planning Council be confirmed. SCR 1; SJR 1, 2; SB 5501, 5502, 5503, 5504, That the following Senators were elected on 5505, 5506, 5507, 5508, 5509, 5510, 5511, 5512, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, 5521, 5522, November 2, 2004 at the General Election for a term of two 5523, 5524, 5525, 5526, 5527, 5528, 5529, 5530, 5531, years beginning the second Monday in January, 2005 and 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, are entitled to sit in this body until the second Monday in 5541, 5542, 5543, 5544, 5545, 5546, 5547, 5548; 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, January 2007, to wit: 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, Alan C. Bates 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, Floyd Prozanski 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, Respectfully submitted, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, Senator Ryan Deckert, Chair 312, 313 -- Introduced, read first time and referred Senator Bill Morrisette to President’s desk. (Carter in Chair) Senator Bruce Starr SCR 2 -- Read second time and passed to third reading. SCR 2 -- Introduced, read first time and referred The Chair announced the following committee to Committee on Rules. assignments effective January 1, 2005. SB 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, LEGISLATIVE COMMISSION ON INDIAN SERVICES 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, (ORS 172.110) 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, Senator Kate Brown 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, The Chair announced the following committee 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, assignments effective January 10, 2005. 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, COMMITTEE ON PERMANENT ORGANIZATION 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, AND ORDER OF BUSINESS 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, Senator Avel Gordly, Chair 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, Senator Ginny Burdick 209, 210 -- Introduced, read first time and referred to President’s desk. Senator David Nelson

Senate adjourned until 11:30 a.m. Thursday by unanimous consent at the request of the Chair. COMMITTEE ON CONDUCT

Thursday, January 13, 2005 -- Morning Session Senator Margaret Carter, Chair Senator Laurie Monnes Anderson Senate convened at 11:30 a.m. President Senator Charles Starr Courtney in Chair. The following members were present: Atkinson, Brown, Burdick, Carter, Deckert, COMMITTEE ON CREDENTIALS Devlin, Dukes, Ferrioli, George, Gordly, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Schrader, Shields, Starr, B., Starr, Senator Ryan Deckert, Chair C., Walker, Westlund, Whitsett, Winters; excused -- Senator Bill Morrisette Ringo, Verger; attending legislative business -- Senator Bruce Starr Bates, Beyer. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Neil Lathan, Stake President, The Church of Jesus Christ COMMITTEE ON PER DIEM of Latter-Day Saints, Salem. Senator Richard Devlin, Chair Committee Report Summary No. 1 listing the following reports was distributed to members today. Senator Roger Beyer Summary list recorded in Journal and Status Report Senator Vicki Walker by order of the President. SCR 2 -- Report by Committee on Rules recommending adoption. Senate adjourned until 9:00 a.m. Friday by unanimous consent at the request of the Chair. Report by Committee on Rules recommending that the Governor's appointment of Joan Dukes to the SENATE JOURNAL SJ-33

SB 39 Judiciary Friday, January 14, 2005 -- Morning Session SB 40 Judiciary Senate convened at 9:00 a.m. President Courtney SB 41 Judiciary in Chair. The following members were present: SB 42 Environment & Land Use Atkinson, Bates, Beyer, Brown, Carter, Devlin, SB 43 Environment & Land Use Dukes, Ferrioli, Gordly, Kruse, Metsger, Monnes SB 46 Education & Workforce Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, C., Verger, SB 47 Education & Workforce Walker, Westlund, Whitsett, Winters; excused -- SB 48 Education & Workforce Burdick, Deckert; attending legislative business -- SB 49 Education & Workforce George. Colors were posted and the Senate pledged SB 50 Education & Workforce allegiance to the flag. Invocation by Patrick SB 51 Education & Workforce McConahay, counselor with Department of Human Services and a teacher of sign language, Knappa. SB 52 Education & Workforce SB 55 Business & Economic Development Senate proceeded to the order of Third Reading SB 56 Transportation of Senate Measures by unanimous consent at the request of the Chair. SB 57 Judiciary SB 58 Human Services SCR 2 -- Read third time. Carried by Dukes. SB 59 Human Services On adoption of resolution, the vote was: Ayes, 26; excused, 3 – Brown, Burdick, Deckert; attending SB 60 Human Services legislative business, 1 – George. Resolution adopted. SB 61 Judiciary SB 62 Judiciary Senate resumed under the general order of SB 63 Judiciary business by unanimous consent at the request of the SB 64 Environment & Land Use Chair. SB 65 Judiciary Shields moved that the Senate confirm the SB 66 Environment & Land Use Governor’s appointment of Joan Dukes to the Pacific SB 67 General Government Northwest Electric Power and Conservation Planning Council. On confirmation the vote was: Ayes, 26; SB 68 Environment & Land Use excused, 2 – Burdick, Deckert; attending legislative SB 69 Environment & Land Use business, 2 – Dukes, George. Confirmed. SB 70 Transportation SB 314, 315, 316, 500 -- Introduced, read first SB 72 Transportation time and referred to President’s desk. SB 73 Transportation SB 74 Transportation The following measures were referred to committee on January 13 and recorded on Committee SB 75 Transportation Referral List No. 1 which was distributed to SB 76 Transportation members. Referral list recorded in the Journal and SB 77 Transportation Status Report by order of the President. SB 78 Transportation SB 79 General Government SB 11 Revenue SB 80 General Government SB 13 Business & Economic Development SB 81 Business & Economic Development SB 14 Business & Economic Development SB 82 Environment & Land Use; Ways and Means SB 15 Business & Economic Development SB 83 Business & Economic Development SB 16 Business & Economic Development SB 84 Business & Economic Development SB 17 Business & Economic Development; Ways and SB 85 Education & Workforce Means SB 86 Business & Economic Development SB 20 Human Services SB 89 Judiciary SB 21 Revenue SB 90 General Government; Ways and Means SB 22 Revenue SB 91 Environment & Land Use; Ways and Means SB 23 Revenue SB 92 Environment & Land Use SB 24 Revenue SB 94 Judiciary SB 25 Revenue SB 95 Judiciary SB 26 Judiciary SB 96 Environment & Land Use SB 27 Rules SB 97 Human Services SB 28 Revenue SB 98 Human Services SB 29 Revenue SB 101 Transportation SB 30 Revenue SB 102 Transportation SB 31 Revenue SB 103 Environment & Land Use SB 32 Revenue SB 104 Human Services SB 33 Revenue SB 106 Judiciary SB 34 Revenue SB 112 Judiciary SB 35 Commerce SB 113 Judiciary SB 36 Judiciary SB 114 Judiciary SB 37 Commerce SB 115 Judiciary SB 38 Education & Workforce; Ways and Means

SJ-34 SENATE JOURNAL

SB 116 Business & Economic Development SB 5501 Ways and Means SB 118 Commerce SB 5502 Ways and Means SB 119 Commerce SB 5503 Ways and Means SB 120 Business & Economic Development SB 5504 Ways and Means SB 121 Business & Economic Development SB 5505 Ways and Means SB 124 Judiciary SB 5506 Ways and Means SB 125 Environment & Land Use SB 5507 Ways and Means SB 126 Environment & Land Use; Ways and Means SB 5508 Ways and Means SB 127 Judiciary SB 5509 Ways and Means SB 128 Judiciary SB 5510 Ways and Means SB 129 Business & Economic Development SB 5511 Ways and Means SB 130 Business & Economic Development SB 5512 Ways and Means SB 131 Commerce SB 5513 Ways and Means SB 132 Commerce SB 5514 Ways and Means SB 133 Commerce SB 5515 Ways and Means SB 134 Commerce SB 5516 Ways and Means SB 135 Commerce SB 5517 Ways and Means SB 136 Commerce SB 5518 Ways and Means SB 137 Commerce SB 5519 Ways and Means SB 138 Commerce SB 5520 Ways and Means SB 139 Commerce SB 5521 Ways and Means SB 140 Commerce SB 5522 Ways and Means SB 141 Commerce SB 5523 Ways and Means SB 142 Commerce SB 5524 Ways and Means SB 143 Commerce SB 5525 Ways and Means SB 144 Commerce SB 5526 Ways and Means SB 145 Commerce SB 5527 Ways and Means SB 146 Commerce SB 5528 Ways and Means SB 147 Commerce SB 5529 Ways and Means SB 148 Commerce SB 5530 Ways and Means SB 149 Commerce SB 5531 Ways and Means President Courtney announced the following SB 5532 Ways and Means committee assignment effective January 14. SB 5533 Ways and Means SB 5534 Ways and Means PACIFIC FISHERIES LEGISLATIVE TASK FORCE SB 5535 Ways and Means (ORS 171.865) SB 5536 Ways and Means Senator Joanne Verger SB 5537 Ways and Means SB 5538 Ways and Means Senate adjourned until 11:00 a.m. Monday by SB 5539 Ways and Means unanimous consent at the request of the Chair. SB 5540 Ways and Means SB 5541 Ways and Means Monday, January 17, 2005 -- Morning Session SB 5542 Ways and Means SB 5543 Ways and Means Senate convened at 11:00 a.m. President Courtney in Chair. The following members were SB 5544 Ways and Means present: Atkinson, Beyer, Brown, Burdick, Deckert, SB 5545 Ways and Means Devlin, Ferrioli, George, Gordly, Kruse, Metsger, SB 5546 Ways and Means Monnes Anderson, Morrisette, Morse, Prozanski, SB 5547 Ways and Means Ringo, Schrader, Starr, B., Starr, C., Verger, Walker, SB 5548 Ways and Means Westlund, Whitsett, Winters; excused -- Bates, SB 151 Business & Economic Development Carter, Nelson, Shields. Colors were posted and the SB 154 Business & Economic Development Senate pledged allegiance to the flag. Invocation by J. SB 158 Business & Economic Development W. Matt Hennessee, Pastor of the Avenue SB 159 Business & Economic Development First Baptist Church, Portland. Musical performance SB 160 Rules by Julianne Johnson, Portland, accompanied by Michael Allen Harrison, Portland. SB 161 Rules SB 162 Rules SB 317, 318, 319, 320, 321 -- Introduced, read SB 163 Rules first time and referred to President’s desk. SB 164 Rules The following measures were referred to SB 165 Education & Workforce committee on January 14 and recorded on Committee SB 166 Education & Workforce Referral List No. 2 which was distributed to SB 167 Education & Workforce members. Referral list recorded in the Journal and Status Report by order of the President. SB 168 Education & Workforce; Ways and Means SB 169 Education & Workforce SENATE JOURNAL SJ-35

SB 170 Environment & Land Use Kruse, Shields, Starr, B; attending legislative SB 171 Business & Economic Development business -- Brown. Colors were posted by the SB 172 Commerce Deschutes County Sheriff’s Honor Guard and the SB 173 Business & Economic Development; Ways and Senate pledged allegiance to the flag. Invocation by Means Sheriff Mark Metcalf of Curry County. SB 174 Human Services Courtesies of the Senate were extended to former SB 177 Environment & Land Use Secretary of State Phil Keisling at the request of SB 178 Transportation Ringo. SB 179 Environment & Land Use SB 322, 323, 324, 325, 326, 327, 328, 329 -- SB 181 Judiciary Introduced, read first time and referred to President’s SB 182 Judiciary desk. SB 183 Judiciary The following measures were referred to SB 184 Environment & Land Use committee on January 17 and recorded on Committee SB 185 Environment & Land Use Referral List No. 3 which was distributed to SB 189 Health Policy members. Referral list recorded in the Journal and SB 194 Commerce; Ways and Means Status Report by order of the President. SB 196 Business & Economic Development SB 12 Business & Economic Development; Revenue SB 197 Rules SB 18 General Government; Revenue SB 198 Judiciary SB 19 General Government; Revenue SB 199 Judiciary SB 44 Environment & Land Use; Ways and Means SB 200 Judiciary SB 45 Environment & Land Use; Ways and Means SB 201 Rules SB 53 Human Services; Ways and Means SB 202 Judiciary SB 54 Rules SB 203 Judiciary SB 71 Transportation; Ways and Means SB 204 Judiciary SB 87 Environment & Land Use; Ways and Means SB 205 Business & Economic Development SB 88 Ways and Means SB 209 Business & Economic Development SB 93 Commerce SB 210 Business & Economic Development SB 99 Judiciary SB 310 General Government SB 105 Rules President Courtney announced that the Senate SB 107 Revenue; Ways and Means is in receipt of a copy of the following letter and SB 108 Rules ordered that it be placed in the Journal: SB 109 Rules SB 110 Rules July 11, 2005 SB 111 Rules The Honorable Bill Bradbury SB 117 Business & Economic Development Secretary of State SB 122 Business & Economic Development 136 State Capitol Building SB 123 Business & Economic Development Salem, OR SB 150 General Government SB 152 Transportation; Ways and Means Secretary Bradbury, SB 153 Transportation This letter is formal notification of my resignation from my SB 155 General Government State Senate seat, district 16, effective January 16, 2005. SB 156 General Government I have accepted the Governor’s appointment on the SB 157 General Government Northwest Power Planning Council. SB 175 Education & Workforce; Ways and Means SB 176 General Government Sincerely, SB 180 Human Services; Ways and Means

SB 186 Education & Workforce; Ways and Means Joan M. Dukes SB 187 Education & Workforce State Senator SB 188 Rules

SB 190 Commerce Senate adjourned until 11:30 a.m. Tuesday by SB 191 General Government unanimous consent at the request of the Chair. SB 192 Human Services SB 193 Education & Workforce Tuesday, January 18, 2005 -- Morning Session SB 195 Health Policy SB 206 Business & Economic Development Senate convened at 11:30 a.m. President SB 207 Business & Economic Development Courtney in Chair. The following members were SB 208 Judiciary present: Atkinson, Bates, Beyer, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Metsger, Senate adjourned until 11:30 a.m. Wednesday by Monnes Anderson, Morrisette, Morse, Nelson, unanimous consent at the request of the Chair. Prozanski, Ringo, Schrader, Starr, C., Verger, Walker, Westlund, Whitsett, Winters; excused --

SJ-36 SENATE JOURNAL

Wednesday, January 19, 2005 -- Morning Session (Certificate of appointment included in Original Documents File) Senate convened at 11:30 a.m. President Senate proceeded to the Special Order of Courtney in Chair. The following members were Business at 11:30 a.m. by unanimous consent at the present: Atkinson, Bates, Beyer, Brown, Burdick, request of the Chair. Carter, Deckert, Devlin, Ferrioli, Gordly, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Brown and Ferrioli were appointed to escort the Prozanski, Ringo, Schrader, Starr, B., Starr, C., Honorable Theodore R. Kulongoski, Governor of Walker, Westlund, Whitsett, Winters; excused -- Oregon, to the rostrum to administer the oath of George, Kruse, Shields, Verger. Colors were posted office. and the Senate pledged allegiance to the flag. Invocation by Pastor Rick Smith of Silverton First Schrader and Morse were appointed to escort the Baptist Church, Silverton. newly-appointed senator to the rostrum. Governor Kulongoski administered the oath of office to the Courtesies of the Senate were extended to former newly-appointed Senator Betsy Johnson. State Representative Chris Beck at the request of Atkinson. Senate resumed under the general order of business by unanimous consent at the request of the SB 330, 331, 332, 333, 334, 335, 336, 337, 338, Chair. 339, 340, 341 -- Introduced, read first time and referred to President’s desk. The following messages from the Governor were read and referred to the President's desk: Senate adjourned until 11:15 a.m. Thursday by unanimous consent at the request of the Chair. January 19, 2005 TO THE HONORABLE PRESIDENT OF THE SENATE Thursday, January 20, 2005 -- Morning Session OF THE 73rd LEGISLATIVE ASSEMBLY Senate convened at 11:15 a.m. President ORS 673.410 provides that the Governor shall appoint the Courtney in Chair. The following members were members of the Oregon Board of Accountancy, subject to present: Atkinson, Bates, Beyer, Brown, Burdick, Senate confirmation, in the manner provided by ORS Carter, Deckert, Devlin, Ferrioli, George, Gordly, 171.562 and ORS 171.565. Metsger, Monnes Anderson, Morrisette, Morse, I reappoint T. Lynn Klimowicz of Roseburg to the Oregon Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Board of Accountancy for a three-year term beginning Walker, Westlund, Whitsett, Winters; excused -- January 1, 2005, and ending December 31, 2007, effective Kruse, Prozanski, Verger. Colors were posted and the upon Senate confirmation. Senate pledged allegiance to the flag. Invocation by Melissa Hayden, Christian Science Church, Salem. This appointment is submitted for your consideration. Brown moved that the swearing-in of newly- appointed Senator Betsy Johnson be made a Special Sincerely, Order of Business at 11:30 a.m. today. Motion carried Theodore R. Kulongoski by unanimous consent. Governor The following report by the Committee on Credentials was read and adopted by voice vote on January 19, 2005 motion of Starr, B. TO THE HONORABLE PRESIDENT OF THE SENATE January 20, 2005 OF THE 73rd LEGISLATIVE ASSEMBLY President Courtney: ORS 326.021 provides that the Governor shall appoint the members of the State Board of Education, subject to Senate We, your Committee on Credentials, after inspecting confirmation, in the manner provided by ORS 171.562 and the official certificate from the Secretary of State, ORS 171.565. respectfully submit the following report: I appoint Brenda Frank of Klamath Falls to the State That Joan Dukes, a duly-elected Senator from the Board of Education for a partial four-year term beginning 16th Senatorial District for a term of four years beginning February 15, 2005, and ending June 30, 2008, effective the second Monday in January 2003 and terminating the upon Senate confirmation. second Monday in January 2007, resigned on January 16, 2005. This appointment is submitted for your consideration. That Betsy Johnson, a qualified elector from Senate District 16 was duly appointed on January 19, 2005 to the Sincerely, office of State Senator by the Boards of Commissioners for Theodore R. Kulongoski the Counties of Clatsop, Columbia, Multnomah, Tillamook Governor and Washington until the second Monday in January 2007. The certificate of appointment is attached. January 19, 2005 That Betsy Johnson will be sworn into office on TO THE HONORABLE PRESIDENT OF THE SENATE January 20, 2005. OF THE 73rd LEGISLATIVE ASSEMBLY Respectfully submitted, ORS 326.021 provides that the Governor shall appoint the Senator Ryan Deckert, Chair members of the State Board of Education, subject to Senate Senator Bill Morrisette confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Senator Bruce Starr I appoint Vanessa Gaston of Portland to the State Board of Education for a partial four-year term beginning February SENATE JOURNAL SJ-37

15, 2005, and ending June 30, 2008, effective upon Senate TO THE HONORABLE PRESIDENT OF THE SENATE confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 357.010 provides that the Governor shall appoint the members of the Trustees of the State Library, subject to Sincerely, Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor I appoint Richard Turner of Lake Oswego to the Trustees of the State Library for a partial four-year term beginning January 19, 2005 February 15, 2005, and ending June 30, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 455.138&144 provides that the Governor shall appoint the members of the Electrical and Elevator Board, subject Sincerely, to Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor

I appoint Karen Hale of Salem to the Electrical and January 19, 2005 Elevator Board for an unexpired four-year term beginning February 15, 2005, and ending June 30, 2007, effective TO THE HONORABLE PRESIDENT OF THE SENATE upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 830.105 provides that the Governor shall appoint the members of the State Marine Board, subject to Senate Sincerely, confirmation, in the manner provided by ORS 171.562 and Theodore R. Kulongoski ORS 171.565. Governor I appoint Russell Sadler of Eugene to the State Marine Board for a four-year term beginning February 7, 2005, and January 19, 2005 ending February 6, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 565.020 provides that the Governor shall appoint the members of the Oregon State Fair Commission, subject to Sincerely, Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor

I reappoint Jerry Underwood of Garibaldi to the Oregon January 19, 2005 State Fair Commission for a four-year term beginning October 1, 2004, and ending September 30, 2008, effective TO THE HONORABLE PRESIDENT OF THE SENATE upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 418.243 provides that the Governor shall appoint the members of the Outdoor Youth Program Advisory Board, Sincerely, subject to Senate confirmation, in the manner provided by Theodore R. Kulongoski ORS 171.562 and ORS 171.565. Governor I reappoint James Brown of Salem to the Outdoor Youth Program Advisory Board for a four-year term beginning January 19, 2005 July 1, 2004, and ending June 30, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 197.030 provides that the Governor shall appoint the members of the Land Conservation and Development Sincerely, Commission, subject to Senate confirmation, in the manner Theodore R. Kulongoski provided by ORS 171.562 and ORS 171.565. Governor

I reappoint Margaret Kirkpatrick of Portland to the Land January 19, 2005 Conservation and Development Commission for a four-year term beginning December 1, 2004, and ending November TO THE HONORABLE PRESIDENT OF THE SENATE 30, 2008, effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 418.243 provides that the Governor shall appoint the members of the Outdoor Youth Program Advisory Board, Sincerely, subject to Senate confirmation, in the manner provided by Theodore R. Kulongoski ORS 171.562 and ORS 171.565. Governor I reappoint Larry Solie of Bend to the Outdoor Youth Program Advisory Board for a four-year term beginning January 19, 2005 July 1, 2004, and ending June 30, 2008, effective upon Senate confirmation.

SJ-38 SENATE JOURNAL

This appointment is submitted for your consideration. ORS 342.350 provides that the Governor shall appoint the members of the Teacher Standards and Practices Commission, subject to Senate confirmation, in the manner Sincerely, provided by ORS 171.562 and ORS 171.565. Theodore R. Kulongoski Governor I appoint Karen Weiseth of Medford to the Teacher Standards and Practices Commission for a three-year term January 19, 2005 beginning February 15, 2005, and ending December 31, 2007, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY

Chapter 918, Section 2, Oregon Laws 2001 provides that Sincerely, the Governor shall appoint the members of the Theodore R. Kulongoski Sustainability Board, subject to Senate confirmation, in the Governor manner provided by ORS 171.562 and ORS 171.565. I reappoint William Blosser of Portland to the January 19, 2005 Sustainability Board for a four-year term beginning January 1, 2005, and ending December 31, 2008, effective TO THE HONORABLE PRESIDENT OF THE SENATE upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 561.010 provides that the Governor shall appoint the Director of the Watershed Enhancement Board, subject to Sincerely, Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor I appoint Thomas Byler of Salem as the Director of the Watershed Enhancement Board for a four-year term January 19, 2005 beginning February 1, 2005, and ending January 31, 2009, TO THE HONORABLE PRESIDENT OF THE SENATE effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 342.350 provides that the Governor shall appoint the members of the Teacher Standards and Practices Sincerely, Commission, subject to Senate confirmation, in the manner Theodore R. Kulongoski provided by ORS 171.562 and ORS 171.565. Governor

I appoint Greg Bell of Portland to the Teacher Standards and Practices Commission for a three-year term beginning January 19, 2005 February 15, 2005, and ending December 31, 2007, effective TO THE HONORABLE PRESIDENT OF THE SENATE upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 185.520 provides that the Governor shall appoint the Sincerely, members of the Commission for Women, subject to Senate Theodore R. Kulongoski confirmation, in the manner provided by ORS 171.562 and Governor ORS 171.565. I appoint Tammi Paul of Shedd to the Commission for January 19, 2005 Women for a three-year term beginning February 15, 2005, and ending February 14, 2008, effective upon Senate TO THE HONORABLE PRESIDENT OF THE SENATE confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 342.350 provides that the Governor shall appoint the members of the Teacher Standards and Practices Sincerely, Commission, subject to Senate confirmation, in the manner Theodore R. Kulongoski provided by ORS 171.562 and ORS 171.565. Governor I reappoint Patricia Evenson-Brady of Hood River to the Committee Report Summary No. 2 listing the Teacher Standards and Practices Commission for a three- following reports was distributed to members today. year term beginning January 1, 2005, and ending December Summary list recorded in Journal and Status Report 31, 2007, effective upon Senate confirmation. by order of the President. SB 40 -- Report by Committee on Judiciary This appointment is submitted for your consideration. recommending passage. Sincerely, SB 204 -- Report by Committee on Judiciary Theodore R. Kulongoski recommending passage. Governor SJM 1; SJR 3; SB 216, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, January 19, 2005 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 -- Introduced, read first time and referred to President’s TO THE HONORABLE PRESIDENT OF THE SENATE desk. OF THE 73rd LEGISLATIVE ASSEMBLY SENATE JOURNAL SJ-39

SB 40, 204 -- Read second time and passed to SB 253 Judiciary third reading. SB 254 Judiciary President Courtney announced the following SB 255 Judiciary committee assignments effective January 20, 2005. SB 256 Judiciary Full Ways and Means Committee Chair, SB 257 Judiciary Subcommittee on General Government, SB 258 Judiciary Transportation and Economic Development SB 259 Business and Economic Development SB 260 Judiciary Senator Betsy Johnson SB 261 Judiciary SB 262 Judiciary Senate Revenue Committee SB 263 Judiciary Senator Charles Starr, Vice-Chair SB 264 Judiciary SB 265 Judiciary The following measures were referred to committee on January 19, 2005 and recorded on SB 266 Judiciary Committee Referral List No. 4 which was distributed SB 267 Revenue to members. Referral list recorded in the Journal and SB 268 Revenue Status Report by order of the President. SB 269 Revenue SCR 1 Health Policy SB 270 Revenue SJR 1 Revenue SB 271 Rules SJR 2 Revenue SB 272 Judiciary SB 211 Business and Economic Development SB 273 Judiciary SB 212 Business and Economic Development SB 274 Judiciary SB 213 Business and Economic Development SB 275 Judiciary SB 214 Business and Economic Development SB 276 Judiciary SB 215 Judiciary SB 277 Judiciary SB 217 Judiciary SB 278 Judiciary SB 218 Judiciary SB 279 Judiciary SB 219 Judiciary SB 280 Judiciary SB 220 Judiciary SB 283 Revenue SB 221 Judiciary SB 284 Judiciary SB 222 Health Policy SB 285 Human Services SB 223 General Government SB 286 Business and Economic Development SB 224 Human Services SB 287 Judiciary SB 225 Health Policy SB 288 Judiciary SB 226 Judiciary SB 289 Human Services; Ways and Means SB 227 Judiciary SB 290 Environment and Land Use; Ways and Means SB 228 Education and Workforce; Ways and Means SB 291 Environment and Land Use SB 229 Judiciary SB 292 Judiciary SB 230 Judiciary SB 293 Judiciary SB 231 Judiciary SB 294 Environment and Land Use; Ways and Means SB 232 Judiciary; Ways and Means SB 295 Judiciary SB 233 Judiciary SB 296 Transportation SB 234 Judiciary SB 297 Judiciary SB 235 Judiciary SB 298 Health Policy SB 236 Judiciary SB 299 Judiciary; Revenue SB 237 Judiciary SB 300 Education and Workforce; Ways and Means SB 238 Judiciary SB 301 Judiciary SB 239 Judiciary SB 302 Revenue SB 240 Judiciary; Ways and Means SB 303 Human Services; Ways and Means SB 241 Judiciary SB 304 Judiciary SB 242 Judiciary SB 305 Education and Workforce; Ways and Means SB 243 Judiciary SB 306 Judiciary SB 244 Judiciary SB 307 Environment and Land Use SB 245 Environment and Land Use SB 308 Environment and Land Use; Revenue SB 246 Judiciary SB 309 Business and Economic Development SB 247 Judiciary; Ways and Means SB 311 Commerce SB 248 Judiciary SB 312 Commerce SB 249 Judiciary SB 313 Commerce SB 250 Judiciary Senate adjourned until 11:30 a.m. Monday by SB 251 Judiciary unanimous consent at the request of the Chair. SB 252 Judiciary

SJ-40 SENATE JOURNAL

Monday, January 24, 2005 -- Morning Session Carter, Deckert, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Senate convened at 11:30 a.m. President Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Courtney in Chair. The following members were Starr, B., Starr, C., Verger, Walker, Westlund, present: Atkinson, Bates, Beyer, Brown, Burdick, Whitsett, Winters; attending legislative business -- Carter, Deckert, Devlin, Ferrioli, George, Gordly, Devlin. Colors were posted and the Senate pledged Johnson, Kruse, Metsger, Monnes Anderson, allegiance to the flag. Invocation by Senator Frank Morrisette, Morse, Nelson, Prozanski, Ringo, Shields, Portland. Schrader, Shields, Starr, B., Starr, C., Verger, Committee Report Summary No. 3 listing the Walker, Westlund, Whitsett, Winters. Colors were following reports was distributed to members today. posted and the Senate pledged allegiance to the flag. Summary list recorded in Journal and Status Report Invocation by Pastor Greg Brothers Seventh-Day by order of the President. Adventist Church, Lincoln City. SB 26 -- Report by Committee on Judiciary Senate at ease. Senate reassembled. recommending passage. HB 2245 -- Message from the House announcing SJR 5; SB 375, 376, 377, 378, 379, 380, 381, 382, passage. 383, 384, 385, 386, 387, 388 -- Introduced, read first Brown moved that in compliance with Article IV, time and referred to President’s desk. section 19 of the Oregon Constitution, and SB 26 -- Read second time and passed to third notwithstanding any provision of the Permanent reading. Rules of the Senate for the Seventy-Third Legislative Assembly, the requirement that on its final passage The following measures were referred to each bill shall be read section by section be suspended committee on January 24 and recorded on Committee for the duration of the regular session of the Seventy- Referral List No. 6 which was distributed to Third Legislative Assembly and the requirement that members. Referral list recorded in the Journal and every bill shall be read by title only on three several Status Report by order of the President. days in each house be suspended. SJM 1 General Government On suspension of the constitutional provisions, SB 216 Judiciary the vote was: Ayes, 28; nays, 2—Atkinson, Beyer. Constitutional provisions suspended. SB 322 Judiciary SB 323 Business and Economic Development SJR 4; SB 368, 369, 370, 371, 372, 373, 374 -- SB 324 Judiciary Introduced, read first time and referred to President’s desk. SB 325 Education and Workforce; Revenue SB 326 Judiciary SB 40 -- Read third time. Carried by Whitsett. SB 327 Business and Economic Development On passage of bill the vote was: Ayes, 29; nays, 1 – Gordly. Bill passed. SB 328 Business and Economic Development SB 329 Human Services SB 204 -- Read third time. Carried by Burdick. SB 332 Judiciary On passage of bill the vote was: Ayes, 29; nays, 1 – SB 333 Judiciary Schrader. Bill passed. SB 334 Commerce HB 2245 -- Read first time and referred to SB 335 Judiciary President’s desk. SB 339 Commerce; Ways and Means The following measures were referred to SB 340 Judiciary committee on January 20 and recorded on Committee SB 341 Revenue Referral List No. 5 which was distributed to SB 342 Education and Workforce members. Referral list recorded in the Journal and Status Report by order of the President. SB 343 Revenue SB 344 Environment and Land Use SB 281 Environment and Land Use SB 345 Environment and Land Use SB 282 Environment and Land Use SB 346 Environment and Land Use SB 314 Judiciary; Ways and Means SB 347 Environment and Land Use SB 315 Revenue SB 348 Environment and Land Use SB 316 General Government SB 349 Environment and Land Use SB 317 Transportation SB 350 Environment and Land Use SB 318 Business and Economic Development SB 351 Environment and Land Use; Ways and Means SB 319 Commerce SB 352 Environment and Land Use SB 320 Commerce SB 353 Environment and Land Use SB 321 Commerce SB 354 Environment and Land Use; Ways and Means SB 500 General Government Senate adjourned until 11:30 a.m. Tuesday by Oregon Board of Accountancy (ORS 673.410) unanimous consent at the request of the Chair. T. Lynn Klimowicz (r) Rules Tuesday, January 25, 2005 -- Morning Session State Board of Education (ORS 326.021) Senate convened at 11:30 a.m. President Courtney in Chair. The following members were Brenda Frank Rules present: Atkinson, Bates, Beyer, Brown, Burdick, Vanessa Gaston Rules SENATE JOURNAL SJ-41

SCR 2 -- Message from the House announcing adoption. Electrical and Elevator Board (ORS 455.138 & 144) Committee Report Summary No. 4 listing the Karen Hale Rules following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. Land Conservation and Development Commission (ORS 197.030) SB 179 -- Report by Committee on Environment and Land Use recommending passage. Margaret Kirkpatrick (r) Rules SB 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408 -- Trustees of the State Library (ORS 357.010) Introduced, read first time and referred to President’s desk. Richard Turner Rules SB 179 -- Read second time and passed to third reading. State Marine Board (ORS 830.105) SB 26 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 29; nays, 1 – Russell Sadler Rules Schrader. Bill passed. The following measures were referred to Outdoor Youth Program Advisory Board (ORS committee today and recorded on Committee Referral 418.243) List No. 7 which was distributed to members. Referral list recorded in the Journal and Status James Brown (r) Rules Report by order of the President. Larry Solie (r) Rules SJR 3 Rules SB 330 Judiciary Oregon State Fair Commission (ORS 565.020) SB 331 Judiciary Jerry Underwood (r) Rules SB 336 Business and Economic Development SB 337 Judiciary SB 338 Judiciary; Ways and Means Sustainability Board (Ch 918 S 2 OR Laws 2001) SB 356 Judiciary William Blosser (r) Rules SB 357 General Government SB 360 Judiciary Teacher Standards and Practices Commission (ORS SB 361 Health Policy 342.350) SB 362 General Government SB 364 Education and Workforce; Ways and Means Greg Bell Rules SB 365 Business and Economic Development; Revenue Karen Weiseth Rules SB 366 Education and Workforce; Ways and Means Patricia Evenson-Brady (r) Rules SB 367 Business and Economic Development Senate adjourned until 11:30 a.m. Thursday by Executive Director of the Oregon Watershed unanimous consent at the request of the Chair. Enhancement Board (ORS 541.362) Thursday, January 27, 2005 -- Morning Session Thomas Byler Rules Senate convened at 11:30 a.m. President Commission for Women (ORS 656.712) Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Tammi Paul Rules Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Monnes Anderson, Morrisette, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, Senate adjourned until 11:30 a.m. Wednesday by B., Starr, C., Verger, Walker, Westlund, Whitsett, unanimous consent at the request of the Chair. Winters; excused -- Morse; attending legislative business -- Metsger. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Wednesday, January 26, 2005 -- Morning Session Pastor Gordon Bergman, Kingwood Bible Church, Salem. Senate convened at 11:30 a.m. President Courtney in Chair. The following members were Courtesies of the Senate were extended to former present: Atkinson, Bates, Beyer, Brown, Burdick, State Representative Ron Adams at the request of Carter, Deckert, Devlin, Ferrioli, George, Gordly, Nelson. Johnson, Kruse, Metsger, Monnes Anderson, Committee Report Summary No. 5 listing the Morrisette, Morse, Nelson, Prozanski, Ringo, following reports was distributed to members today. Schrader, Shields, Starr, B., Starr, C., Verger, Summary list recorded in Journal and Status Report Walker, Westlund, Whitsett, Winters. Colors were by order of the President. posted and the Senate pledged allegiance to the flag. Invocation by Reverend Charlie Wallace, Willamette SB 46 -- Report by Committee on Education and University Chaplain, Salem. Workforce recommending passage.

SJ-42 SENATE JOURNAL

SB 47 -- Report by Committee on Education and HB 2075, 2085, 2093, 2258 -- Message from the Workforce recommending passage. House announcing passage. SB 49 -- Report by Committee on Education and SCR 2 -- Message from the House announcing Workforce recommending passage and requesting the Speaker signed on January 31. referral to Committee on Ways and Means. Referred to Committee on Ways and Means by order of the Committee Report Summary No. 6 listing the President. following reports was distributed to members SB 162 -- Report by Committee on Rules January 31. Summary list recorded in Journal and recommending passage. Status Report by order of the President. SB 197 -- Report by Committee on Rules SB 29 -- Report by Committee on Revenue recommending passage. recommending passage. SB 409, 410, 411, 412, 413, 414, 415, 416, 417, SB 136 -- Report by Committee on Commerce 418, 419, 420, 421, 422, 423, 424, 426, 427 -- recommending passage. Introduced, read first time and referred to President’s desk. SB 137 -- Report by Committee on Commerce SB 46, 47, 162, 197 -- Read second time and recommending passage. passed to third reading. SB 138 -- Report by Committee on Commerce SB 179 -- Read third time. Carried by recommending passage. Atkinson. On passage of bill the vote was: Ayes, 26; nays, 2 – Johnson, Verger; excused, 1 – Morse; SB 268 -- Report by Committee on Revenue attending legislative business, 1 – Metsger. Bill recommending passage. passed. Committee Report Summary No. 7 listing the President Courtney announced the following following reports was distributed to members today. committee assignments effective January 27, 2005. Summary list recorded in Journal and Status Report by order of the President. LEGISLATIVE COUNSEL COMMITTEE (ORS 173.191) SCR 1 -- Report by Committee on Health Policy recommending adoption. Senator Kate Brown SB 58 -- Report by Committee on Human Senator Ted Ferrioli Services recommending passage. Senator David Nelson SB 59 -- Report by Committee on Human Senator Charlie Ringo Services recommending passage.

SB 60 -- Report by Committee on Human SCR 2 -- President Courtney signed on January Services recommending passage. 27. SB 222 -- Report by Committee on Health Policy Senate adjourned until 11:15 a.m. Monday by unanimous consent at the request of the Chair. recommending passage with amendments. SCR 6; SB 425, 428, 429, 430, 431, 432, 433, 434, Monday, January 31, 2005 -- Morning Session 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445 -- Introduced, read first time and referred to Senate session was cancelled by order of the President’s desk. President due to an emergency security situation in the Senate Chamber. SCR 1; 58, 59, 60 -- Read second time and passed to third reading. Senate to convene at 11:15 a.m. Tuesday by order of the President. SB 29, 136, 137, 138, 268 -- Under rules suspension and implied consent, read second time and Tuesday, February 1, 2005 -- Morning Session passed to third reading. SB 46 -- Read third time. Carried by Kruse. Senate convened at 11:15 a.m. President On passage of bill the vote was: Ayes, 29; attending Courtney in Chair. The following members were legislative business, 1 – Schrader. Bill passed. present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, SB 47 -- Read third time. Carried by Deckert. Johnson, Kruse, Metsger, Monnes Anderson, On passage of bill the vote was: Ayes, 28; nays, 1 – Morrisette, Morse, Nelson, Prozanski, Ringo, Shields, Nelson; attending legislative business, 1 – Schrader. Starr, B., Starr, C., Verger, Walker, Westlund, Bill passed. Whitsett, Winters; attending legislative business -- SB 162 -- Read third time. Carried by Ringo. Schrader. Colors were posted and the Senate pledged On passage of bill the vote was: Ayes, 17; nays, 11 – allegiance to the flag. Invocation by Chaplain Russ Atkinson, Beyer, Ferrioli, Gordly, Johnson, Kruse, Guppy, Washington County Sheriff’s Office. Nelson, Starr, B., Starr, C., Whitsett, Winters; Courtesies of the Senate were extended to former excused, 1 – Burdick; attending legislative business, 1 State Senator Eileen Qutub at the request of Ferrioli. – Schrader. Bill passed. SENATE JOURNAL SJ-43

SB 197 -- Read third time. Carried by Walker. Committee Report Summary No. 8 listing the On passage of bill the vote was: Ayes, 28; excused, 1 – following reports was distributed to members today. Burdick; attending legislative business, 1 – Schrader. Summary list recorded in Journal and Status Report Bill passed. by order of the President. HB 2075, 2085, 2093, 2258 -- Read first time SB 259 -- Report by Committee on Business and and referred to President’s desk. Economic Development recommending passage. The following measures were referred to SJM 2; SB 1, 446, 447, 450 -- Introduced, read committee on January 27 and recorded on Committee first time and referred to President’s desk. Referral List No. 8 which was distributed to members. Referral list recorded in the Journal and SB 222, 259 -- Read second time and passed to Status Report by order of the President. third reading. SJR 4 Education and Workforce SCR 1 -- Moved to the foot of today's third reading calendar by unanimous consent at the SJR 5 Rules request of the Chair. SB 355 Commerce SB 358 Environment and Land Use; Ways and Means SB 29 -- Read third time. Carried by Westlund. SB 359 General Government; Ways and Means On passage of bill the vote was: Ayes, 24; nays, 1 – SB 363 General Government Schrader; excused, 4 – Burdick, Johnson, Metsger, SB 368 Judiciary Whitsett; attending legislative business, 1 – Atkinson. Bill passed. SB 369 Education and Workforce SB 370 Judiciary SB 58 -- Read third time. Carried by Monnes SB 371 Judiciary Anderson. On passage of bill the vote was: Ayes, 26; SB 372 Judiciary excused, 4 – Burdick, Johnson, Metsger, Whitsett. SB 373 Transportation Bill passed. SB 374 Human Services SB 59 -- Read third time. Carried by Starr, C. SB 375 Judiciary On passage of bill the vote was: Ayes, 25; nays, 1 – SB 376 Judiciary Schrader; excused, 4 – Burdick, Johnson, Metsger, SB 377 Judiciary Whitsett. Bill passed. SB 378 Judiciary SB 60 -- Read third time. Carried by SB 379 Judiciary; Ways and Means Morrisette. On passage of bill the vote was: Ayes, 26; SB 380 Environment and Land Use excused, 4 – Burdick, Johnson, Metsger, Whitsett. SB 381 Business and Economic Development; Ways and Bill passed. Means SB 382 Revenue SB 136 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 23; nays, 1 – SB 383 Education and Workforce Verger; excused, 6 – Burdick, Johnson, Metsger, SB 384 Transportation Ringo, Westlund, Whitsett. Bill passed. SB 385 Business and Economic Development SB 386 Commerce SB 137 -- Read third time. Carried by SB 387 General Government Prozanski. On passage of bill the vote was: Ayes, 24; SB 388 General Government excused, 6 – Burdick, Johnson, Metsger, Ringo, Westlund, Whitsett. Bill passed. HB 2245 Judiciary SB 138 -- Read third time. Carried by Senate adjourned until 11:00 a.m. Wednesday by Prozanski. On passage of bill the vote was: Ayes, 23; unanimous consent at the request of the Chair. nays, 1 – Nelson; excused, 6 – Burdick, Johnson, Metsger, Ringo, Westlund, Whitsett. Bill passed. Wednesday, February 2, 2005 -- Morning Session SB 268 -- Read third time. Carried by Starr, C. Senate convened at 11:00 a.m. President On passage of bill the vote was: Ayes, 24; excused, 6 – Courtney in Chair. The following members were Burdick, Johnson, Metsger, Ringo, Westlund, present: Bates, Brown, Carter, Deckert, Devlin, Whitsett. Bill passed. George, Gordly, Kruse, Monnes Anderson, Morrisette, SCR 1 -- Read final time. Carried by Brown, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Winters. On adoption of resolution, the vote was: Starr, C., Verger, Walker, Westlund, Winters; Ayes, 23; excused, 7 – Atkinson, Burdick, Johnson, excused -- Burdick, Johnson, Metsger, Whitsett; Metsger, Ringo, Westlund, Whitsett. Resolution attending legislative business -- Atkinson, Beyer, adopted. Ferrioli, Starr, B. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator HB 2071, 2073, 2074 -- Read first time and Charles Starr, Hillsboro. referred to President’s desk. Senate at ease. Senate reassembled. The following measures were referred to committee on February 1 and recorded on Committee HB 2071, 2073, 2074 -- Message from the House Referral List No. 9 which was distributed to announcing passage. members. Referral list recorded in the Journal and Status Report by order of the President.

SJ-44 SENATE JOURNAL

SCR 6 Rules the Call terminated by implied consent at the request SB 389 Environment and Land Use of the Chair. Senate reassembled. All present except SB 390 Business and Economic Development Whitsett, excused; Atkinson, Kruse, Starr, B., SB 391 Rules Winters, attending legislative business. Donna SB 392 Judiciary Bennett, from the Attorney General’s office, gave a presentation clarifying the Senate Rules regarding SB 393 Rules workplace harassment awareness. SB 394 Education and Workforce; Revenue SB 395 Transportation HB 2072, 2078 -- Message from the House SB 396 Judiciary announcing passage. SB 397 Commerce Committee Report Summary No. 9 listing the SB 398 Business and Economic Development following reports was distributed to members today. SB 399 Education and Workforce Summary list recorded in Journal and Status Report SB 400 Health Policy; Ways and Means by order of the President. SB 401 Judiciary; Ways and Means SB 50 -- Report by Committee on Education and SB 402 General Government Workforce recommending passage. SB 403 Human Services; Revenue SB 404 Human Services SB 51 -- Report by Committee on Education and SB 405 General Government Workforce recommending passage. SB 406 Environment and Land Use; Revenue SB 66 -- Report by Committee on Environment SB 407 Health Policy; Ways and Means and Land Use recommending passage. SB 408 Business and Economic Development SB 409 Judiciary SB 185 -- Report by Committee on Environment and Land Use recommending passage SB 410 Environment and Land Use; Ways and Means with amendments. SB 411 Transportation SB 412 Revenue SB 203 -- Report by Committee on Judiciary SB 413 Business and Economic Development recommending passage. SB 414 Education and Workforce; Revenue SJR 6, 7, 8; SB 448, 449, 451, 452, 453, 454, 455, SB 415 Education and Workforce; Revenue 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, SB 416 Education and Workforce 467, 468, 469 -- Introduced, read first time and SB 417 Human Services referred to President’s desk. SB 418 Human Services; Revenue SB 50, 51, 66, 203 -- Read second time and SB 419 Human Services passed to third reading. SB 420 General Government SB 421 Business and Economic Development SB 222 A-Eng. -- Read third time. Carried by SB 422 Judiciary Monnes Anderson. On passage of bill the vote was: SB 423 Environment and Land Use; Revenue Ayes, 23; excused, 1 – Whitsett; attending legislative SB 424 Judiciary business, 6 – Atkinson, Bates, Kruse, Prozanski, Starr, B., Winters. Bill passed. SB 426 Commerce SB 427 Revenue SB 259 -- Read third time. Carried by Monnes Anderson. On passage of bill the vote was: Ayes, 21; Senate adjourned until 11:00 a.m. Thursday by nays, 1 – Schrader; excused, 1 – Whitsett; attending unanimous consent at the request of the Chair. legislative business, 7 – Atkinson, Bates, Kruse, Prozanski, Starr, B., Westlund, Winters. Bill passed. Thursday, February 3, 2005 -- Morning Session HB 2072, 2078 -- Read first time and referred to Senate convened at 11:00 a.m. President President’s desk. Courtney in Chair. The following members were Senate adjourned until 11:30 a.m. Monday by present: Beyer, Brown, Burdick, Carter, Deckert, unanimous consent at the request of the Chair. Devlin, Ferrioli, George, Gordly, Johnson, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Monday, February 7, 2005 -- Morning Session Schrader, Shields, Starr, C., Verger, Walker, Westlund; excused -- Whitsett; attending legislative business -- Atkinson, Bates, Kruse, Prozanski, Senate convened at 11:30 a.m. President Ringo, Starr, B., Winters. Colors were posted and the Courtney in Chair. The following members were Senate pledged allegiance to the flag. Invocation by present: Atkinson, Bates, Beyer, Brown, Burdick, Father Coleman of St. Joseph’s Parish, Salem. Carter, Deckert, Devlin, Ferrioli, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Call of the Senate demanded by Brown joined by Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Devlin and Ferrioli. All present except Bates, Carter, Starr, B., Starr, C., Verger, Westlund, Whitsett, Prozanski, Ringo, Westlund, absent; Whitsett, Winters; excused -- George, Walker. Colors were excused; Atkinson, Kruse, Starr, B., Winters, posted and the Senate pledged allegiance to the flag. attending legislative business. Pending arrival of Invocation by Pastor Erwin Wichner, Zion Lutheran members subject to the Call, Senate at ease. Members Church, Hillsboro. Special performance by “Teeming subject to the Call arrived. Further proceedings under Acres,” a senior class project by Lindsay Easom, SENATE JOURNAL SJ-45

Drama coach Jess Turner of Wallowa High School, SB 35, 42, 80, 93, 97, 117, 122, 123, 172, 185, Wallowa. 215, 225, 348 -- Read second time and passed to third reading. HB 2063, 2153, 2255, 2263 -- Message from the House announcing passage. SB 50 -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 25; nays, 3 – HCR 3 -- Message from the House announcing Beyer, Nelson, Whitsett; excused, 2 – George, Walker. adoption. Bill passed. Committee Report Summary No. 10 listing SB 51 -- Read third time. Carried by Morrisette. the following reports was distributed to members Taken from today's third reading calendar and today. Summary list recorded in Journal and Status placed on February 8 by unanimous consent on Report by order of the President. motion of Morrisette. SB 35 -- Report by Committee on Commerce SB 66 -- Read third time. Carried by Shields. recommending passage. On passage of bill the vote was: Ayes, 27; nays, 1 – SB 42 -- Report by Committee on Environment Schrader; excused, 2 – George, Walker. Bill passed. and Land Use recommending passage. SB 203 -- Read third time. Carried by SB 44 -- Report by Committee on Environment Prozanski. On passage of bill the vote was: Ayes, 27; and Land Use recommending passage. Referred to excused, 3 – George, Gordly, Walker. Bill passed. Committee on Ways and Means by prior reference. HCR 3; HB 2063, 2153, 2255, 2263 -- Read first SB 53 -- Report by Committee on Human time and referred to President’s desk. Services recommending passage. Referred to The following measures were referred to Committee on Ways and Means by prior reference. committee on February 4 and recorded on Committee SB 80 -- Report by Committee on General Referral List No. 10 which was distributed to Government recommending passage. members. Referral list recorded in the Journal and Status Report by order of the President. SB 93 -- Report by Committee on Commerce recommending passage. SJM 2 Business and Economic Development SB 1 Health Policy SB 97 -- Report by Committee on Human SB 425 General Government Services recommending passage. SB 428 Judiciary SB 117 -- Report by Committee on Business and SB 429 Health Policy; Ways and Means Economic Development recommending passage. SB 430 Human Services SB 122 -- Report by Committee on Business and SB 431 Environment and Land Use Economic Development recommending passage. SB 432 Environment and Land Use; Ways and Means SB 433 Commerce SB 123 -- Report by Committee on Business and SB 434 Commerce Economic Development recommending passage. SB 435 Judiciary SB 130 -- Report by Committee on Business and SB 436 Judiciary Economic Development recommending passage with SB 437 Judiciary amendments. SB 438 Revenue SB 167 -- Report by Committee on Education SB 439 Revenue and Workforce recommending passage with SB 441 Judiciary amendments. SB 442 Judiciary SB 443 Human Services; Ways and Means SB 172 -- Report by Committee on Commerce SB 444 Judiciary recommending passage. SB 445 Transportation SB 215 -- Report by Committee on Judiciary SB 450 Health Policy recommending passage. HB 2071 Business and Economic Development SB 225 -- Report by Committee on Health Policy HB 2072 Business and Economic Development recommending passage. HB 2073 Business and Economic Development HB 2074 Business and Economic Development SB 348 -- Report by Committee on Environment HB 2075 Business and Economic Development and Land Use recommending passage. HB 2078 Business and Economic Development SB 8, 9, 10, 470, 471, 472, 473, 474, 475, 476, HB 2085 Business and Economic Development 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, HB 2093 Commerce 488, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, HB 2258 Environment and Land Use 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 515 -- Introduced, read first time and referred to President’s Senate adjourned until 11:00 a.m. Tuesday by desk. unanimous consent at the request of the Chair.

SJ-46 SENATE JOURNAL

Tuesday, February 8, 2005 -- Morning Session George, Gordly, Winters; attending legislative business, 2 – Atkinson, Devlin. Bill passed. Senate convened at 11:00 a.m. President SB 80 -- Read third time. Carried by Verger. Courtney in Chair. The following members were On passage of bill the vote was: Ayes, 23; nays, 1 – present: Atkinson, Bates, Beyer, Brown, Carter, Schrader; excused, 4 – Burdick, George, Gordly, Deckert, Ferrioli, Johnson, Kruse, Metsger, Monnes Winters; attending legislative business, 2 – Atkinson, Anderson, Morrisette, Morse, Nelson, Prozanski, Devlin. Bill passed. Ringo, Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; excused -- SB 93 -- Read third time. Carried by Prozanski. Burdick, George, Gordly; attending legislative On passage of bill the vote was: Ayes, 24; nays, 1 – business -- Devlin. Colors were posted and the Shields; excused, 4 – Burdick, George, Gordly, Senate pledged allegiance to the flag. Invocation by Winters; attending legislative business, 1 – Devlin. Pastor Greg Allen, Bethany Bible Church, Portland. Bill passed. Courtesies of the Senate were extended to former SB 97 -- Read third time. Carried by Kruse. State Senator Bill Fisher at the request of Kruse. On passage of bill the vote was: Ayes, 25; excused, 4 – Burdick, George, Gordly, Winters; attending HB 2055, 2352 -- Message from the House legislative business, 1 – Devlin. Bill passed. announcing passage. SB 117 -- Read third time. Carried by Monnes HJM 1 -- Message from the House announcing Anderson. On passage of bill the vote was: Ayes, 23; adoption. nays, 2 – Beyer, Ferrioli; excused, 4 – Burdick, Committee Report Summary No. 11 listing the George, Gordly, Winters; attending legislative following reports was distributed to members today. business, 1 – Devlin. Bill passed. Summary list recorded in Journal and Status Report SB 122 -- Read third time. Carried by Metsger. by order of the President. On passage of bill the vote was: Ayes, 22; nays, 3 – SB 31 -- Report by Committee on Revenue Beyer, Ferrioli, Whitsett; excused, 4 – Burdick, recommending passage. George, Gordly, Winters; attending legislative business, 1 – Devlin. Bill passed. SB 33 -- Report by Committee on Revenue recommending passage. SB 123 -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 23; nays, 2 – SB 43 -- Report by Committee on Environment Beyer, Ferrioli; excused, 4 – Burdick, George, Gordly, and Land Use recommending passage with Winters; attending legislative business, 1 – Devlin. amendments. Bill passed. SB 83 -- Report by Committee on Business and SB 172 -- Read third time. Carried by Economic Development recommending passage. Prozanski. On passage of bill the vote was: Ayes, 24; SB 104 -- Report by Committee on Human nays, 1 – Schrader; excused, 4 – Burdick, George, Services recommending passage. Gordly, Winters; attending legislative business, 1 – Devlin. Bill passed. SB 121 -- Report by Committee on Business and Economic Development recommending passage. SB 185 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 25; SB 157 -- Report by Committee on General excused, 4 – Burdick, George, Gordly, Winters; Government recommending passage. attending legislative business, 1 – Devlin. Bill passed. SB 224 -- Report by Committee on Human Services recommending passage. SB 215 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 24; nays, 1 – SB 511, 512, 513 -- Introduced, read first time Schrader; excused, 4 – Burdick, George, Gordly, and referred to President’s desk. Winters; attending legislative business, 1 – Devlin. SB 31, 33, 83, 104, 121, 130, 157, 167, 224 -- Bill passed. Read second time and passed to third reading. SB 225 -- Read third time. Carried by Kruse. SB 35 -- Read third time. Carried by Beyer. On On passage of bill the vote was: Ayes, 24; nays, 1 – passage of bill the vote was: Ayes, 26; excused, 3 – Schrader; excused, 4 – Burdick, George, Gordly, Burdick, George, Gordly; attending legislative Winters; attending legislative business, 1 – Devlin. business, 1 – Devlin. Bill passed. Bill passed. SB 42 -- Read third time. Carried by Atkinson. SB 348 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 25; nays, 1 – Call of the Senate demanded by Ringo joined by Schrader; excused, 3 – Burdick, George, Gordly; Brown and Ferrioli. All present except Deckert, attending legislative business, 1 – Devlin. Bill absent; Burdick, George, Gordly, Winters, excused; passed. Devlin, attending legislative business. Pending arrival of members subject to the Call, Senate at ease. SB 51 -- Bill read. Carried by Morrisette. On Further proceedings under the Call terminated by passage of bill the vote was: Ayes, 20; nays, 4 – Bates, implied consent at the request of the Chair. All Beyer, Ferrioli, Schrader; excused, 4 – Burdick, present except Burdick, George, Gordly, Winters, excused; Devlin, attending legislative business. SENATE JOURNAL SJ-47

Senate reassembled. On passage of bill the vote SB 472 General Government was: Ayes, 19; nays, 6 – Carter, Johnson, Metsger, SB 473 Environment and Land Use Monnes Anderson, Morrisette, Westlund; excused, 4 – SB 474 General Government; Ways and Means Burdick, George, Gordly, Winters; attending SB 475 Judiciary legislative business, 1 – Devlin. Bill passed. SB 476 Judiciary SB 348 -- Prozanski requested the following SB 478 Revenue explanation of vote be entered into the journal: SB 479 Business and Economic Development; Revenue SB 480 Revenue “I voted for SB 348 because I believe that Multnomah County has not properly handled the land use decision SB 481 Transportation involving this particular property. This situation has been HCR 3 General Government on-going for a number of years. I had previously supported HB 2063 Health Policy allowing the county the opportunity to deal with this issue, HB 2153 Commerce but it has not. HB 2255 General Government HB 2263 General Government “I also believe that Dorothy English has been victimized by the authors of Measure 37. She was mislead Senate adjourned until 11:00 a.m. Wednesday by to believe that she would be able to seek relief for her unanimous consent at the request of the Chair. situation upon the passage of Measure 37. She cannot! Mrs. English is 92 years old and I find it unconscionable Wednesday, February 9, 2005 -- Morning Session that her situation was used for political gain when the measure failed to give her any relief. Senate convened at 11:00 a.m. President “Even though I normally do not support piece-meal Courtney in Chair. The following members were land use legislation, I consider this to be an exception to present: Atkinson, Bates, Beyer, Brown, Carter, that general rule.” Deckert, Devlin, Ferrioli, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, HJM 1; HB 2055, 2352 -- Read first time and Prozanski, Ringo, Schrader, Starr, B., Starr, C., referred to President’s desk. Verger, Whitsett; excused -- Burdick, George, The following measures were referred to Gordly, Shields, Westlund, Winters; attending committee today and recorded on Committee Referral legislative business -- Walker. Colors were posted List No. 11 which was distributed to members. and the Senate pledged allegiance to the flag. Referral list recorded in the Journal and Status Invocation by Senator Frank Morse, Corvallis. Report by order of the President. Committee Report Summary No. 12 listing the SJR 6 Rules following reports was distributed to members today. Summary list recorded in Journal and Status Report SJR 7 Rules by order of the President. SJR 8 Rules SB 8 General Government; Ways and Means SB 270 -- Report by Committee on Revenue SB 9 General Government; Ways and Means recommending passage. SB 10 General Government; Ways and Means Report by Committee on Rules recommending SB 440 Rules that the Governor’s reappointment of T. Lynn SB 446 Commerce Klimowicz (appearance waived) to the Oregon Board SB 447 Education and Workforce; Ways and Means of Accountancy be confirmed. SB 448 Transportation Report by Committee on Rules recommending SB 449 Revenue that the Governor’s appointments of Brenda Frank SB 451 Commerce (appearance waived) and Vanessa Gaston SB 452 Commerce (appearance waived) to the State Board of Education SB 453 Revenue be confirmed en bloc. SB 454 Education and Workforce; Revenue SB 455 Commerce Report by Committee on Rules recommending that the Governor’s appointment of Karen Hale SB 456 Revenue (appearance waived) to the Electrical and Elevator SB 457 Environment and Land Use Board be confirmed. SB 458 Health Policy SB 459 Commerce Report by Committee on Rules recommending SB 460 Health Policy that the Governor’s reappointment of Margaret SB 461 Business and Economic Development Kirkpatrick (appearance waived) to the Land Conservation and Development Commission be SB 462 Business and Economic Development confirmed. SB 463 Business and Economic Development SB 464 Business and Economic Development Report by Committee on Rules recommending SB 465 Business and Economic Development that the Governor’s appointment of Richard Turner SB 466 Rules (appearance waived) to the Trustees of the State SB 467 Education and Workforce; Ways and Means Library be confirmed. SB 468 General Government Report by Committee on Rules recommending SB 469 Commerce that the Governor’s appointment of Russell Sadler

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(appearance waived) to the State Marine Board be Westlund, Winters; attending legislative business, 2 – confirmed. Starr, B., Walker. Bill passed. Report by Committee on Rules recommending SB 130 A-Eng. -- Read third time. Carried by that the Governor’s reappointments of James Brown Atkinson. On passage of bill the vote was: Ayes, 22; (appearance waived) and Larry Solie (appearance excused, 6 – Burdick, George, Gordly, Shields, waived) to the Outdoor Youth Program Advisory Westlund, Winters; attending legislative business, 2 – Board be confirmed en bloc. Starr, B., Walker. Bill passed. Report by Committee on Rules recommending SB 157 -- Read third time. Carried by Verger. that the Governor’s reappointment of Jerry On passage of bill the vote was: Ayes, 16; nays, 6 – Underwood (appearance waived) to the Oregon State Atkinson, Beyer, Ferrioli, Kruse, Morse, Whitsett; Fair Commission be confirmed. excused, 6 – Burdick, George, Gordly, Shields, Westlund, Winters; attending legislative business, 2 – Report by Committee on Rules recommending Starr, B., Walker. Bill passed. that the Governor’s reappointment of William Blosser (appearance waived) to the Sustainability Board be SB 157 -- Ferrioli and Whitsett requested the confirmed. following explanation of vote be entered into the journal: Report by Committee on Rules recommending that the Governor’s appointments of Greg Bell “On February 9, 2005 I voted against final passage of (appearance waived), Patricia Evenson-Brady (r) Senate Bill 157. Because the legislation ultimately received (appearance waived) and Karen Weiseth (appearance a majority of votes in favor of passage, I feel obliged to file waived) to the Teacher Standards and Practices an explanation of my vote. I have a fundamental objection Commission be confirmed en bloc. to voting for a measure without a full understanding of the fiscal implications. In this case, the Senate was not Report by Committee on Rules recommending provided with sufficient information regarding the fiscal that the Governor’s appointment of Thomas Byler as impact of Senate Bill 157. the Executive Director of the Oregon Watershed Enhancement Board be confirmed. “Senate Bill 157 would expand the definition of persons who may be investigated by the Secretary of State Report by Committee on Rules recommending Audits Division for loss of public funds or property. The bill that the Governor’s appointment of Tammi Paul could constitute a sizeable increase in the number of (appearance waived) to the Commission for Women be investigations conducted by the Secretary of State by confirmed. authorizing investigations of any “public official.” Public SB 514, 516, 517, 518, 519, 520, 521, 522, 523, official is broadly defined and would include any person who 524, 525, 526, 528, 529, 530, 531, 532, 533, 534, 535, serves a state agency as an officer, employee, member or 536, 537, 538, 539, 712 -- Introduced, read first time agent. and referred to President’s desk. “The fiscal analysis that accompanied Senate Bill 157 SB 43, 270 -- Read second time and passed to provided only the slimmest insight into the potential third reading. consequences of passage, asserting only that the impact was “indeterminate.” I find this analysis to be wholly SB 31 -- Read third time. Carried by Starr, C. inadequate for a piece of legislation that will vastly increase On passage of bill the vote was: Ayes, 18; nays, 4 – the investigatory activities of the Secretary of State. Floor Atkinson, Beyer, Ferrioli, Nelson; excused, 7 – debate revealed that the legislation would likely result in at Burdick, George, Gordly, Johnson, Shields, Westlund, least six additional positions. Furthermore, the fiscal Winters; attending legislative business, 1 – Walker. analysis states that a complex investigation can cost as Bill passed. much as $73,000. Certainly, the potential for a sizeable SB 33 -- Read third time. Carried by Deckert. increase in this type of investigation is worthy of a more Ayes, 18; nays, 5 – Atkinson, Ferrioli, Kruse, Nelson, searching fiscal analysis. Whitsett; excused, 6 – Burdick, George, Gordly, “This bill should not have been voted on until such an Shields, Westlund, Winters; attending legislative analysis had been completed. In the alternative it should business, 1 – Walker. have been referred to the Joint Committee on Ways and SB 83 -- Read third time. Carried by Starr, B. Means for further discussion. I am not opposed to providing On passage of bill the vote was: Ayes, 23; excused, 6 – the Audits Division with the tools they need to investigate Burdick, George, Gordly, Shields, Westlund, Winters; waste in our state agencies, but I will continue to vote attending legislative business, 1 – Walker. Bill against any measure that is not accompanied by a thorough passed. analysis of the fiscal impact.” SB 104 -- Read third time. Carried by Starr, C. SB 167 A-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 22; excused, 6 – Starr, C. On passage of bill the vote was: Ayes, 19; Burdick, George, Gordly, Shields, Westlund, Winters; nays, 3 – Beyer, Ferrioli, Nelson; excused, 6 – attending legislative business, 2 – Starr, B., Walker. Burdick, George, Gordly, Shields, Westlund, Winters; Bill passed. attending legislative business, 2 – Starr, B., Walker. Bill passed. SB 121 -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 21; nays, 1 – SB 167 -- Beyer requested the following Nelson; excused, 6 – Burdick, George, Gordly, Shields, explanation of vote be entered into the journal: SENATE JOURNAL SJ-49

“I am writing to provide an explanation for my voting SB 19 -- Report by Committee on General no on SB 167 which had its Third Reading on February 9, Government recommending passage. Referred to 2005. Committee on Revenue by prior reference. “SB 167 allows for children with ‘traumatic brain SB 21 -- Report by Committee on Revenue injuries’ to receive special education services. However, it recommending passage. fails to adequately and precisely define such a condition, leaving it up to broad interpretation. Without a concrete SB 24 -- Report by Committee on Revenue definition, I am concerned that the number of people added recommending passage. to the program will be more than projected and this will not SB 124 -- Report by Committee on Judiciary reflect the true objective of the bill. recommending passage. “While I agree children who have traumatic brain SB 269 -- Report by Committee on Revenue injuries necessitate special services, I do not believe SB 167 recommending passage. properly addresses the issue. The bill is subject to many unintended costs associated with an increase in program Consideration of the Governor’s appointment of participants. Given the current state of Oregon’s budget Russell Sadler to the State Marine Board taken from resources, I believe SB 167 will not conform to the objective today’s third reading calendar and placed on of balancing the state budget within existing resources. February 14 calendar by voice vote on motion of Brown. “Furthermore, members of the Senate Committee on Education and Workforce also requested a definition of SB 43 -- Taken from today’s third reading ‘traumatic brain injury,’ but were not provided with one calendar and placed on February 14 calendar by that satisfactorily answered their questions. Committee unanimous consent on motion of Atkinson. hearings are a means to address potential ambiguities in Rules suspended by unanimous consent in order senate and house bills, yet questions still arise regarding that the Senate may take en bloc action on the the intended definitions within SB 167 even after its confirmation of the following appointments on motion hearing. of Shields. “In lacking a detailed definition of ‘traumatic brain injury,’ I could not in good conscience support SB 167.” Oregon Board of Accountancy SB 224 -- Read third time. Carried by Monnes T. Lynn Klimowicz (r) Anderson. On passage of bill the vote was: Ayes, 22; excused, 6 – Burdick, George, Gordly, Shields, Westlund, Winters; attending legislative business, 2 – State Board of Education Starr, B., Walker. Bill passed. Brenda Frank Senate adjourned until 11:30 a.m. Thursday by Vanessa Gaston unanimous consent at the request of the Chair. Electrical and Elevator Board Thursday, February 10, 2005 -- Morning Session Karen Hale Senate convened at 11:30 a.m. President Courtney in Chair. The following members were Land Conservation and Development Commission present: Atkinson, Bates, Brown, Carter, Deckert, Margaret Kirkpatrick (r) Devlin, Ferrioli, George, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Trustees of the State Library Prozanski, Ringo, Schrader, Shields, Starr, B., Verger, Whitsett; excused -- Gordly, Westlund, Richard Turner Winters; attending legislative business -- Beyer, Burdick, Starr, C., Walker. Colors were posted and Outdoor Youth Program Advisory Board the Senate pledged allegiance to the flag. Invocation by Paul Lyda, Minister of Youth at St. Matthew James Brown (r) Lutheran Church, Beaverton. Larry Solie (r) HB 2051, 2095, 2135, 2185, 2185 -- Message from the House announcing passage. Oregon State Fair Commission Committee Report Summary No. 13 listing the Jerry Underwood (r) following reports was distributed to members today. Summary list recorded in Journal and Status Report Sustainability Board by order of the President. William Blosser (r) SJM 1 -- Report by Committee on General Government recommending adoption. Teacher Standards and Practices Commission SB 18 -- Report by Committee on General Greg Bell Government recommending passage. Referred to Committee on Revenue by prior reference. Patricia Evenson-Brady (r) Karen Weiseth

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Commission for Women SB 507 General Government SB 508 Rules Tammi Paul SB 509 Judiciary Under rules suspension, Shields moved that the SB 510 Health Policy Senate confirm en bloc the Governor’s appointments SB 512 Human Services as listed in the motion to suspend the rules. On SB 513 Judiciary confirmation the vote was: Ayes, 22; excused, 3 – SB 515 Education and Workforce Gordly, Westlund, Winters; attending legislative HJM 1 Revenue business, 5 – Beyer, Burdick, Ringo, Starr, C., Walker. Confirmed en bloc. HB 2055 General Government HB 2352 General Government Brown moved that the Senate confirm the Governor’s appointment of Thomas Byler as the President Courtney announced the following Executive Director of the Oregon Watershed committee assignments effective February 9, 2005. Enhancement Board. On confirmation the vote was : Trust for Cultural Development Board (HB 2923, Ayes, 22; excused, 3 – Gordly, Westlund, Winters; Chapter 954, Oregon Laws 2001) attending legislative business, 5 – Beyer, Burdick, Ringo, Starr, C., Walker. Confirmed. Senator Ben Westlund SB 489, 527, 540, 541, 542, 543, 544, 545, 546, Senate adjourned until 10:00 a.m. Monday by 547, 548, 549, 555 -- Introduced, read first time and unanimous consent at the request of the Chair. referred to President’s desk. SJM 1; SB 21, 24, 124, 269 -- Read second time Monday, February 14, 2005 -- Morning Session and passed to third reading. Senate convened at 10:00 a.m. President SB 270 -- Read third time. Carried by George. Courtney in Chair. The following members were On passage of bill the vote was: Ayes, 19; nays, 3 – present: Atkinson, Bates, Beyer, Brown, Burdick, Nelson, Schrader, Starr, B.; excused, 3 – Gordly, Carter, Deckert, Devlin, Ferrioli, George, Johnson, Westlund, Winters; attending legislative business, 5 – Kruse, Metsger, Monnes Anderson, Morrisette, Beyer, Burdick, Ringo, Starr, C., Walker. Bill passed. Morse, Prozanski, Ringo, Schrader, Shields, Starr, C., HB 2051, 2095, 2135, 2185 -- Read first time Verger, Walker, Westlund, Whitsett, Winters; and referred to President’s desk. excused -- Gordly; attending legislative business -- Starr, B., Nelson. Colors were posted and the Senate The following measures were referred to pledged allegiance to the flag. Invocation by Senator committee on February 10 and recorded on Margaret Carter, Portland. Committee Referral List No. 12 which was distributed to members. Referral list recorded in the Journal and The following messages from the Governor were Status Report by order of the President. read and referred to the President’s desk. February 10, 2005 SB 470 Revenue SB 471 General Government TO THE HONORABLE PRESIDENT OF THE SENATE SB 477 General Government OF THE 73rd LEGISLATIVE ASSEMBLY SB 482 Transportation ORS 835.106 provides that the Governor shall appoint the SB 483 Transportation Director of the Oregon Department of Aviation, subject to SB 484 Education and Workforce; Revenue Senate confirmation, in the manner provided by ORS SB 485 Education and Workforce 171.562 and ORS 171.565. SB 486 General Government I appoint Robert Hidley, of Murrieta, CA, as the Director of SB 487 Transportation the Department of Aviation for a four-year term beginning SB 488 Transportation February 17, 2005, and ending February 16, 2009, effective SB 490 Health Policy upon Senate confirmation. SB 491 General Government This appointment is submitted for your consideration. SB 492 Judiciary SB 493 Judiciary Sincerely, Ted Kulongoski SB 494 Judiciary Governor SB 495 Judiciary SB 496 Environment and Land Use February 10, 2005 SB 497 Rules SB 498 General Government TO THE HONORABLE PRESIDENT OF THE SENATE SB 499 Rules OF THE 73rd LEGISLATIVE ASSEMBLY SB 501 Health Policy; Ways and Means ORS 417.730 provides that the Governor shall appoint the SB 502 Health Policy; Ways and Means members of the State Commission on Children and SB 503 Health Policy Families, subject to Senate confirmation, in the manner SB 504 Health Policy; Ways and Means provided by ORS 171.562 and ORS 171.565. SB 505 Human Services I appoint Joshua Kardon of Portland to the State SB 506 Rules Commission on Children and Families for an unexpired four-year term, as provided by statute, beginning March 1, SENATE JOURNAL SJ-51

2005, and ending September 30, 2007, effective upon Senate Committee Report Summary No. 14 listing the confirmation. following reports was distributed to members today. This appointment is submitted for your consideration. Summary list recorded in Journal and Status Report by order of the President. Sincerely, Ted Kulongoski SB 56 -- Report by Committee on Transportation Governor recommending passage with amendments.

February 10, 2005 SB 72 -- Report by Committee on Transportation recommending passage. TO THE HONORABLE PRESIDENT OF THE SENATE SB 73 -- Report by Committee on Transportation OF THE 73rd LEGISLATIVE ASSEMBLY recommending passage. ORS 468.010 provides that the Governor shall appoint the members of the Environmental Quality Commission, SB 74 -- Report by Committee on Transportation subject to Senate confirmation, in the manner provided by recommending passage. ORS 171.562 and ORS 171.565. SB 341 -- Report by Committee on Revenue I appoint Judy Uherbelau of Ashland to the Environmental recommending passage. Quality Commission for a partial four-year term, as provided by statute, beginning March 1, 2005 and ending on Courtesies of the Senate were extended to former June 30, 2008, effective upon Senate confirmation. State Senator Randy Leonard at the request of Shields. This appointment is submitted for your consideration. Consideration of the Governor’s appointment of Sincerely, Ted Kulongoski Russell Sadler to the State Marine Board taken from Governor today’s third reading calendar and placed on February 15 calendar by voice vote on motion of February 10, 2005 Shields. TO THE HONORABLE PRESIDENT OF THE SENATE SJM 3; SB 2, 3, 550, 551, 552, 553, 554, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, OF THE 73rd LEGISLATIVE ASSEMBLY 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, ORS 471.705 provides that the Governor shall appoint the 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, members of the Oregon Liquor Control Commission, subject 591, 592 -- Introduced, read first time and referred to Senate confirmation, in the manner provided by ORS to President’s desk. 171.562 and ORS 171.565. SB 72, 73, 74, 341 -- Read second time and I reappoint Lindy Fisker of Portland to the Oregon Liquor passed to third reading. Control Commission for a four-year term, as provided by statute, beginning April 1, 2005 and ending on March 31, SJM 1 -- Read final time. Carried by Shields. 2009, effective upon Senate confirmation. On adoption of memorial, the vote was: Ayes, 27; This appointment is submitted for your consideration. excused, 1 – Gordly; attending legislative business, 2 – Nelson, Starr, B. Memorial adopted. Sincerely, Ted Kulongoski SB 21 -- Read third time. Carried by Starr, C. Governor On passage of bill the vote was: Ayes, 21; nays, 6 – Beyer, Ferrioli, George, Johnson, Kruse, Westlund; excused, 1 – Gordly; attending legislative business, 2 February 10, 2005 – Nelson, Starr, B. Bill passed. TO THE HONORABLE PRESIDENT OF THE SENATE SB 24 -- Read third time. Carried by Prozanski. OF THE 73rd LEGISLATIVE ASSEMBLY On passage of bill the vote was: Ayes, 26; nays, 1 – ORS 471.705 provides that the Governor shall appoint the Whitsett; excused, 1 – Gordly; attending legislative members of the Oregon Liquor Control Commission, subject business, 2 – Nelson, Starr, B. Bill passed. to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 43 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 27; I reappoint Christine Lewandowski of Eugene to the excused, 1 – Gordly; attending legislative business, 2 Oregon Liquor Control Commission for a four-year term, as – Nelson, Starr, B. Bill passed. provided by statute, beginning April 1, 2005 and ending on March 31, 2009, effective upon Senate confirmation. SB 124 -- Read third time. Carried by Beyer. This appointment is submitted for your consideration. On passage of bill the vote was: Ayes, 27; excused, 1 – Gordly; attending legislative business, 2 – Nelson, Sincerely, Starr, B. Bill passed. Ted Kulongoski Governor SB 269 -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 24; nays, 3 – HB 2204, 2206, 2214 -- Message from the House Beyer, Kruse, Whitsett; excused, 1 – Gordly; announcing passage. attending legislative business, 2 – Nelson, Starr, B. Bill passed. HCR 5 -- Message from the House announcing adoption by the House.

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HCR 5; HB 2204, 2206, 2214 -- Read first time Winters; excused -- George, Whitsett. Colors were and referred to President’s desk. posted and the Senate pledged allegiance to the flag. Invocation by Pastor Steve Hopkins of Calvary The following measures were referred to Chapel, Salem. committee on February 11 and recorded on Committee Referral List No. 13 which was distributed Committee Report Summary No. 15 listing the to members. Referral list recorded in the Journal and following reports was distributed to members today. Status Report by order of the President. Summary list recorded in Journal and Status Report by order of the President. SB 489 Judiciary SB 511 General Government SB 258 -- Report by Committee on Judiciary SB 514 Business and Economic Development recommending passage. SB 516 Judiciary SB 284 -- Report by Committee on Judiciary SB 517 Judiciary recommending passage. SB 518 Judiciary SB 519 General Government SB 371 -- Report by Committee on Judiciary recommending passage. SB 520 Judiciary SB 521 Judiciary Shields moved that the Senate confirm the SB 522 Judiciary Governor’s appointment of Russell Sadler to the State SB 523 Judiciary Marine Board. On confirmation the vote was: Ayes, SB 524 Judiciary 20; nays, 8 – Beyer, Ferrioli, Kruse, Morse, Nelson, SB 525 Judiciary Starr, B., Starr, C., Westlund; excused, 2 – George, Whitsett. Confirmed. SB 526 General Government SB 527 Environment and Land Use; Ways and Means SJR 9, 10, 11; SB 593, 594, 595, 596, 597, 598, SB 528 Judiciary 599, 600, 601, 602, 603, 604, 605 -- Introduced, read SB 529 Environment and Land Use; Ways and Means first time and referred to President’s desk. SB 530 Environment and Land Use SB 56, 258, 284, 371 -- Read second time and SB 531 Environment and Land Use passed to third reading. SB 532 Environment and Land Use SB 533 Environment and Land Use SB 72 -- Read third time. Carried by Metsger. SB 534 Environment and Land Use On passage of bill the vote was: Ayes, 22; nays, 6 – Atkinson, Beyer, Ferrioli, Kruse, Schrader, Winters; SB 535 Environment and Land Use excused, 2 – George, Whitsett. Bill passed. SB 536 Environment and Land Use SB 537 Environment and Land Use SB 73 -- Read third time. Carried by Prozanski. SB 538 Environment and Land Use On passage of bill the vote was: Ayes, 28; excused, 2 – SB 540 Human Services; Ways and Means George, Whitsett. Bill passed. SB 541 Health Policy; Ways and Means SB 74 -- Read third time. Carried by Starr, B. SB 542 Environment and Land Use; Ways and Means On passage of bill the vote was: Ayes, 28; excused, 2 – SB 543 Education and Workforce George, Whitsett. Bill passed. SB 544 Judiciary SB 341 -- Read third time. Carried by Metsger. SB 545 Commerce On passage of bill the vote was: Ayes, 28; excused, 2 – SB 546 Judiciary George, Whitsett. Bill passed. SB 547 Judiciary SB 548 Judiciary Senate adjourned until 11:00 a.m. Wednesday by SB 549 Judiciary unanimous consent at the request of the Chair. SB 555 Environment and Land Use SB 712 Rules Wednesday, February 16, 2005 -- Morning Session HB 2051 Judiciary HB 2095 General Government Senate convened at 11:00 a.m. President Pro Tempore Carter in Chair. The following members HB 2135 General Government were present: Atkinson, Bates, Beyer, Brown, HB 2185 Judiciary Burdick, President Courtney, Deckert, Devlin, Senate adjourned until 11:00 a.m. Tuesday by Ferrioli, George, Gordly, Johnson, Kruse, Metsger, unanimous consent at the request of the Chair. Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, Tuesday, February 15, 2005 -- Morning Session C., Verger, Walker, Westlund, Whitsett, Winters. Colors were posted by members of the Canby Post #122 American Legion Color Guard and the Senate Senate convened at 11:00 a.m. President pledged allegiance to the flag. Flag folding ceremony Courtney in Chair. The following members were presented by the Color Guard immediately followed. present: Atkinson, Bates, Beyer, Brown, Burdick, Invocation by Senator Gary George, Newberg. Carter, Deckert, Devlin, Ferrioli, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, HB 2031, 2032, 2041, 2067, 2133, 2256, 2286, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, 2287, 2290, 2323 -- Message from the House Starr, B., Starr, C., Verger, Walker, Westlund, announcing passage. SENATE JOURNAL SJ-53

Committee Report Summary No. 16 listing the SB 564 Rules following reports was distributed to members today. SB 565 Commerce; Ways and Means Summary list recorded in Journal and Status Report SB 566 Transportation by order of the President. SB 567 Judiciary SB 20 -- Report by Committee on Human SB 568 Judiciary Services recommending passage. SB 569 Environment and Land Use; Ways and Means SB 570 Environment and Land Use SB 289 -- Report by Committee on Human Services recommending passage. Referred to SB 571 General Government; Revenue Committee on Ways and Means by prior reference. SB 573 Commerce SB 574 Business and Economic Development HCR 3 -- Report by Committee on General SB 575 Education and Workforce Government recommending adoption. SB 576 Commerce SJR 12, 13; SB 606, 607, 608, 609, 610, 611, 612, SB 577 General Government 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, SB 578 General Government 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, SB 580 Education and Workforce 635, 636, 637, 638, 639, 641, 642, 643, 644, 645, 646, SB 581 Judiciary 647, 648, 649, 650, 667, 668, 669, 677, 678, 679, 680 -- SB 582 Judiciary Introduced, read first time and referred to President’s SB 583 Business and Economic Development desk. SB 584 Commerce SB 20 -- Read second time and passed to third SB 585 Business and Economic Development reading. SB 586 Judiciary SB 587 Rules SB 56 A-Eng. -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 25; SB 588 Judiciary nays, 5 – Beyer, George, Johnson, Schrader, Winters. SB 589 General Government Bill passed. SB 590 General Government SB 591 Judiciary SB 258 -- Read third time. Carried by SB 592 Judiciary Prozanski. On passage of bill the vote was: Ayes, 27; HCR 5 General Government nays, 3 – Ferrioli, Kruse, Schrader. Bill passed. HB 2204 General Government SB 284 -- Read third time. Carried by Ringo. HB 2206 General Government On passage of bill the vote was: Ayes, 25; nays, 5 – HB 2214 General Government Atkinson, Beyer, Ferrioli, George, Schrader. Bill passed. Director of the Oregon Department of Aviation (ORS SB 371 -- Read third time. Carried by 835.106) Prozanski. On passage of bill the vote was: Ayes, 28; nays, 2 – Ferrioli, Schrader. Bill passed. Robert Hidley Rules

HB 2031, 2032, 2041, 2067, 2133, 2256, 2286, State Commission on Children and Families (ORS 2287, 2290, 2323 -- Read first time and referred to President’s desk. 417.730) Joshua Kardon Rules HCR 3 -- Read second time and passed to third reading. Environmental Quality Commission (ORS 468.010) The following measures were referred to committee on February 15 and recorded on Judy Uherbelau Rules Committee Referral List No. 14 which was distributed to members. Referral list recorded in the Journal and Oregon Liquor Control Commission (ORS 471.705) Status Report by order of the President. Lindy Fisker (r) Rules SB 2 General Government; Ways and Means Christine Lewandowski (r) Rules SB 3 General Government; Ways and Means SB 551 Commerce Senate adjourned until 11:00 a.m. Thursday by SB 552 Environment and Land Use unanimous consent at the request of the Chair. SB 553 Human Services SB 554 Business and Economic Development Thursday, February 17, 2005 -- Morning Session SB 556 General Government Senate convened at 11:00 a.m. President Pro SB 557 General Government; Ways and Means Tempore Carter in Chair. The following members SB 558 Transportation were present: Bates, Beyer, Brown, Burdick, SB 559 Education and Workforce; Ways and Means President Courtney, Deckert, Devlin, Ferrioli, Gordly, SB 560 Education and Workforce Johnson, Kruse, Metsger, Monnes Anderson, SB 561 Education and Workforce Morrisette, Morse, Nelson, Prozanski, Ringo, SB 562 General Government; Ways and Means Schrader, Shields, Starr, B., Starr, C., Verger, SB 563 General Government Walker, Westlund, Whitsett, Winters; excused --

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George; attending legislative business -- Atkinson. Committee Referral List No. 15 which was distributed Colors were posted and the Senate pledged allegiance to members. Referral list recorded in the Journal and to the flag. Invocation by Dr. Dennis Lynn, President Status Report by order of the President. of Cascade College, Portland. Musical performance by Cascade College Choir, Portland. SJM 3 Rules SJR 9 Rules HB 2087, 2261, 2291, 2448 -- Message from the SJR 10 Rules House announcing passage. SJR 11 Rules Committee Report Summary No. 17 listing the SB 539 Environment and Land Use; Ways and Means following reports was distributed to members today. SB 550 General Government Summary list recorded in Journal and Status Report SB 593 Environment and Land Use; Revenue by order of the President. SB 594 Environment and Land Use SB 101 -- Report by Committee on SB 595 Transportation Transportation recommending passage. SB 596 Commerce SB 597 Judiciary SB 370 -- Report by Committee on Judiciary SB 598 Human Services; Ways and Means recommending passage with amendments. SB 599 Judiciary SB 445 -- Report by Committee on SB 600 Business and Economic Development Transportation recommending passage. SB 601 Health Policy SB 602 Rules HB 2255 -- Report by Committee on General Government recommending passage. SB 603 Rules SB 604 Rules HB 2263 -- Report by Committee on General SB 605 Human Services; Ways and Means Government recommending passage. HCR 3 -- President Courtney signed on February Senate recessed by unanimous consent on 17. motion of Ferrioli. Senate adjourned until 11:00 a.m. Monday by Senate reconvened at 11:40 a.m. President Pro unanimous consent at the request of the Chair. Tempore Carter in Chair. All present except George, excused; Atkinson, attending legislative business. Monday, February 21, 2005 -- Morning Session Senate, having recessed following the order of Reports from Special Committees, resumed under the Senate convened at 11:00 a.m. Winters in Chair. general order of business by unanimous consent at The following members were present: Atkinson, the request of the Chair. Bates, Beyer, Brown, Burdick, Carter, President Courtney, Deckert, Devlin, Ferrioli, Gordly, Johnson, SCR 3, 4; SJM 5; SJR 14, 15, 16, 17, 18, 22; SR 1; Kruse, Metsger, Monnes Anderson, Morrisette, SB 4, 5, 6, 100, 640, 651, 652, 653, 654, 655, 656, 657, Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., 658, 659, 660, 661, 662, 663, 664, 665, 666, 670, 671, Starr, C., Verger, Walker, Westlund, Whitsett; 672, 673, 674, 675, 676, 681, 682, 683, 684, 685, 686, excused -- George, Shields. Colors were posted and 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, the Senate pledged allegiance to the flag. Invocation 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, by Archbishop John G. Vlazny of the Portland 709, 710, 711, 713, 714, 716, 717, 718, 719, 720, 721, Diocese, Portland. 722, 725, 726, 727, 728, 729, 732, 738, 744, 756 -- Introduced, read first time and referred to President’s HCR 4 -- Message from the House announcing desk. adoption. SB 101, 445 -- Read second time and passed to HCR 3 -- Message from the House announcing third reading. the Speaker signed on February 18. SB 20 -- Read third time. Carried by Bates. Committee Report Summary No. 18 listing the Conflict of interest declared by Westlund. On passage following reports was distributed to members today. of bill the vote was: Ayes, 27; nays, 1 – Morse; Summary list recorded in Journal and Status Report excused, 1 – George; attending legislative business, 1 by order of the President. – Atkinson. Bill passed. SB 22 -- Report by Committee on Revenue HB 2087, 2261, 2291, 2448 -- Read first time recommending passage. and referred to President’s desk. SB 45 -- Report by Committee on Environment HB 2255, 2263 -- Read second time and passed and Land Use recommending passage with to third reading. amendments. Referred to Committee on Ways and Means by prior reference. HCR 3 -- Read final time. Carried by Metsger. On adoption of resolution, the vote was: Ayes, 27; SB 62 -- Report by Committee on Judiciary excused, 1 – George; attending legislative business, 2 recommending passage. – Atkinson, Beyer. Resolution adopted. SB 68 -- Report by Committee on Environment The following measures were referred to and Land Use recommending passage. committee on February 16 and recorded on SENATE JOURNAL SJ-55

SB 103 -- Report by Committee on Environment HB 2263 -- Read third time. Carried by Verger. and Land Use recommending passage. Potential conflict of interest declared by Verger. On passage of bill the vote was: Ayes, 25; nays, 1 – SB 189 -- Report by Committee on Health Schrader; excused, 2 – George, Shields; attending Policy recommending passage. legislative business, 2 – Gordly, Ringo. Bill passed. SB 267 -- Report by Committee on Revenue Senate adjourned until 11:00 a.m. Tuesday by recommending passage. unanimous consent at the request of the Chair. SB 281 -- Report by Committee on Environment and Land Use recommending passage. Tuesday, February 22, 2005 -- Morning Session SB 293 -- Report by Committee on Judiciary recommending passage. Senate convened at 11:00 a.m. President Courtney in Chair. The following members were HB 2153 -- Report by Committee on Commerce present: Atkinson, Bates, Beyer, Brown, Burdick, recommending passage. Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, SCR 5, 7, 8, 9; SJM 4, 6; SJR 19, 20, 21, 23, 24, Morrisette, Morse, Nelson, Prozanski, Ringo, 25, 26, 27, 28, 29; SB 715, 723, 724, 730, 731, 733, Schrader, Shields, Starr, B., Starr, C., Verger, 734, 735, 736, 737, 739, 740, 741, 742, 743, 745, 746, Walker, Westlund, Whitsett, Winters. Colors were 747, 748, 749, 750, 751, 752, 753, 754, 755, 757, 758, posted and the Senate pledged allegiance to the flag. 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, Invocation by Pastor Adele Hustis, First United 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, Methodist Church, Coos Bay. 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, HB 2054, 2064, 2141, 2144, 2223, 2225, 2226, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 2243, 2244, 2275, 2279, 2289, 2297, 2299, 2305, 2439, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 2446 -- Message from the House announcing 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, passage. 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, Committee Report Summary No. 19 listing the 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, following reports was distributed to members today. 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, Summary list recorded in Journal and Status Report 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, by order of the President. 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, SB 57 -- Report by Committee on Judiciary 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, recommending passage. 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, SB 223 -- Report by Committee on General 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, Government recommending passage. 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, SB 247 -- Report by Committee on Judiciary 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, recommending passage with amendments. Referred 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, to Committee on Ways and Means by prior reference. 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994 -- Introduced, read first time SB 362 -- Report by Committee on General and referred to President’s desk. Government recommending passage. SB 22, 62, 68, 103, 189, 267, 281, 293, 370 -- The Chair announced that the Per Diem Read second time and passed to third reading. Committee report for the Seventy-third Legislative Assembly is at the Senate Desk and is available for SB 101 -- Read third time. Carried by review by the members. Chair ordered report Prozanski. On passage of bill the vote was: Ayes, 26; recorded in the Journal. excused, 2 – George, Shields; attending legislative business, 2 – Atkinson, Ringo. Bill passed. February 22, 2005 SB 445 -- Read third time. Carried by Verger. Mr. President: On passage of bill the vote was: Ayes, 24; absent, 1 – Burdick; excused, 2 – George, Shields; attending The Per Diem Committee has fixed the salaries of the legislative business, 3 – Atkinson, Gordly, Ringo. Bill Senate employees as shown in the attached listing. The passed. Legislative Administration Committee is directed to issue paychecks to all Senate employees at the customary time, HCR 4 -- Read first time and referred to payable from the appropriation for the expenses of the President’s desk. regular session of the Seventy-third Legislative Assembly. HB 2153 -- Read second time and passed to Richard Devlin, Chair third reading. Roger Beyer HB 2255 -- Read third time. Carried by Starr, Vicki Walker B. On passage of bill the vote was: Ayes, 25; nays, 1 – Schrader; excused, 2 – George, Shields; attending (Per Diem Report filed in original documents legislative business, 2 – Gordly, Ringo. Bill passed. file.)

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SB 57, 223, 362 -- Read second time and passed SB 614 Health Policy; Ways and Means to third reading. SB 615 Health Policy; Ways and Means SB 22 -- Read third time. Carried by Starr, C. SB 616 Health Policy; Ways and Means Taken from today’s third reading calendar and SB 617 Health Policy placed on February 23 calendar by unanimous SB 618 Health Policy consent on motion of Deckert. SB 619 Health Policy; Ways and Means SB 620 Human Services SB 62 -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 29; attending SB 621 Human Services; Ways and Means legislative business, 1 – Starr, B. Bill passed. SB 622 Human Services; Ways and Means SB 623 Human Services SB 68 -- Read third time. Carried by Ringo. On SB 624 Commerce passage of bill the vote was: Ayes, 28; nays, 1 – SB 625 Judiciary Schrader; attending legislative business, 1 – Starr, B. SB 631 General Government Bill passed. SB 633 Judiciary SB 103 -- Read third time. Carried by Burdick. SB 634 Commerce On passage of bill the vote was: Ayes, 29; attending SB 635 Commerce legislative business, 1 – Starr, B. Bill passed. SB 636 General Government; Ways and Means SB 189 -- Read third time. Carried by SB 637 Education and Workforce; Ways and Means Morrisette. On passage of bill the vote was: Ayes, 28; SB 638 General Government nays, 1 – Carter; attending legislative business, 1 – SB 639 Revenue; Ways and Means Starr, B. Bill passed. SB 641 Judiciary SB 643 Education and Workforce SB 267 -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 26; SB 644 Commerce nays, 2 – Beyer, Kruse; excused, 1 – Verger; attending SB 645 Judiciary legislative business, 1 – Starr, B. Bill passed. SB 646 Business and Economic Development; Ways and Means SB 281 -- Read third time. Carried by SB 647 Business and Economic Development Atkinson. On passage of bill the vote was: Ayes, 29; SB 648 Environment and Land Use attending legislative business, 1 – Starr, B. Bill passed. SB 649 Environment and Land Use SB 650 Environment and Land Use SB 293 -- Read third time. Carried by SB 667 General Government Prozanski. On passage of bill the vote was: Ayes, 30. SB 668 Human Services Bill passed. SB 669 Commerce SB 370 A-Eng. -- Read third time. Carried by SB 677 Environment and Land Use Prozanski. On passage of bill the vote was: Ayes, 28; SB 678 Human Services nays, 2 – Kruse, Schrader. Bill passed. SB 679 General Government SB 756 Human Services HB 2054, 2064, 2141, 2144, 2223, 2225, 2226, 2243, 2244, 2275, 2279, 2289, 2297, 2299, 2305, 2439, HB 2031 Revenue 2446 -- Read first time and referred to President’s HB 2032 Revenue desk. HB 2041 Revenue HB 2067 Transportation HB 2153 -- Read third time. Carried by HB 2087 General Government Burdick. On passage of bill the vote was: Ayes, 29; HB 2133 General Government excused, 1 – Starr, B. Bill passed. HB 2256 Judiciary The following measures were referred to HB 2261 Judiciary committee on February 21 and recorded on HB 2286 Judiciary Committee Referral List No.16 which was distributed HB 2287 Judiciary to members. Referral list recorded in the Journal and HB 2290 Judiciary Status Report by order of the President. HB 2291 Judiciary SJR 12 General Government HB 2323 Judiciary SJR 13 Rules HB 2448 Revenue SB 572 Business and Economic Development Senate adjourned until 11:00 a.m. Wednesday by SB 579 Business and Economic Development unanimous consent at the request of the Chair. SB 606 Rules SB 607 Health Policy Wednesday, February 23, 2005 -- Morning Session SB 608 Health Policy; Ways and Means SB 609 Human Services Senate convened at 11:00 a.m. Whitsett in Chair. SB 610 Commerce The following members were present: Atkinson, SB 611 Health Policy Bates, Beyer, Brown, Burdick, Carter, President SB 612 Human Services Courtney, Deckert, Devlin, Ferrioli, George, Gordly, SB 613 Health Policy; Ways and Means Johnson, Kruse, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, SENATE JOURNAL SJ-57

Starr, B., Starr, C., Verger, Walker, Westlund, The following measures were referred to Winters; excused -- Metsger. Colors were posted committee on January 22 and recorded on Committee and the Senate pledged allegiance to the flag. Referral List No. 17 which was distributed to Invocation by Frank Carpenter of Capitol Ministries. members. Referral list recorded in the Journal and Special performance by Thurston Theatre of Thurston Status Report by order of the President. High School, Springfield. SCR 3 Rules HB 2104, 2227, 2296, 2314, 2371, 2442 -- SCR 4 Education and Workforce Message from the House announcing passage. SCR 5 Education and Workforce Committee Report Summary No. 20 listing the SCR 7 Health Policy following reports was distributed to members today. SCR 8 Rules Summary list recorded in Journal and Status Report SCR 9 Rules by order of the President. SJM 4 Environment and Land Use SB 78 -- Report by Committee on SJM 5 Environment and Land Use Transportation recommending passage. SJM 6 General Government SJR 14 Revenue SB 98 -- Report by Committee on Human SJR 15 Commerce Services recommending passage with amendments. SJR 16 Judiciary SB 178 -- Report by Committee on SJR 17 Rules Transportation recommending passage. SJR 18 Rules SJR 22 Education and Workforce SB 283 -- Report by Committee on Revenue SR 1 Rules recommending passage. SB 4 General Government; Ways and Means SB 487 -- Report by Committee on SB 5 General Government; Ways and Means Transportation recommending passage. SB 6 Education and Workforce HJM 1 -- Report by Committee on Revenue SB 100 Environment and Land Use; Ways and Means recommending adoption. SB 626 Commerce SB 627 Commerce Report by Committee on Rules recommending SB 628 Commerce that the Governor’s appointment of Judy Uherbelau SB 629 Commerce to the Environmental Quality Commission be confirmed. SB 630 Commerce SB 632 Business and Economic Development SB 995 -- Introduced, read first time and SB 640 Transportation; Ways and Means referred to President’s desk. SB 642 Revenue; Ways and Means SB 78, 178, 283, 487 -- Read second time and SB 651 Environment and Land Use passed to third reading. SB 652 Environment and Land Use; Ways and Means SB 653 Environment and Land Use; Ways and Means SB 22 -- Bill read. Carried by Starr, C. Call of SB 654 Environment and Land Use the Senate demanded by Brown joined by Westlund SB 655 Environment and Land Use and Atkinson. All present except Metsger, excused. On passage of bill the vote was: Ayes, 21; nays, 8 – SB 656 Environment and Land Use Atkinson, George, Gordly, Johnson, Kruse, Morse, SB 657 Environment and Land Use Verger, Winters; excused, 1 – Metsger. Bill passed. SB 658 Environment and Land Use SB 659 Environment and Land Use SB 57 -- Read third time. Carried by Burdick. SB 660 General Government On passage of bill the vote was: Ayes, 26; nays, 3 – SB 661 Environment and Land Use George, Kruse, Starr, B.; excused, 1 – Metsger. Bill passed. SB 662 Environment and Land Use SB 663 Environment and Land Use SB 223 -- Read third time. Carried by Shields. SB 664 Rules; Ways and Means On passage of bill the vote was: Ayes, 28; excused, 1 – SB 665 Revenue Metsger; attending legislative business, 1 – Verger. SB 666 Human Services Bill passed. SB 670 Commerce SB 362 -- Read third time. Carried by Brown, SB 671 Business and Economic Development Ferrioli. On passage of bill the vote was: Ayes, 24; SB 672 Business and Economic Development nays, 4 – Beyer, George, Kruse, Nelson; excused, 1 – SB 673 Ways and Means Metsger; attending legislative business, 1 – Verger. SB 674 Education and Workforce; Ways and Means Bill passed. SB 675 Health Policy HB 2104, 2227, 2296, 2314, 2371, 2442 -- Read SB 676 Environment and Land Use first time and referred to President’s desk. SB 680 Transportation; Ways and Means SB 681 Environment and Land Use HJM 1 -- Read second time and passed to third SB 682 Judiciary reading. SB 683 Business and Economic Development SB 684 Education and Workforce

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SB 685 Transportation; Ways and Means Committee Report Summary No. 21 listing the SB 686 Revenue following reports was distributed to members today. SB 687 Education and Workforce; Revenue Summary list recorded in Journal and Status Report SB 688 Environment and Land Use by order of the President. SB 689 Health Policy; Ways and Means SB 23 -- Report by Committee on Revenue SB 690 General Government recommending passage with amendments. SB 691 General Government SB 262 -- Report by Committee on Judiciary SB 692 General Government recommending passage with amendments. SB 693 General Government SB 694 Environment and Land Use SB 414 -- Report by Committee on Education and SB 695 Commerce Workforce without recommendation as to passage. SB 696 Environment and Land Use Referred to Committee on Revenue by prior reference. SB 697 Health Policy Atkinson moved that the Senate confirm the SB 698 Health Policy Governor's appointment of Judy Uherbelau to the SB 699 Environment and Land Use Environmental Quality Commission. On confirmation SB 700 Judiciary the vote was: Ayes, 21; nays, 6 – Beyer, Ferrioli, SB 701 Rules George, Kruse, Starr, C., Whitsett; absent, 1 – SB 702 Judiciary Burdick; excused, 1 – Starr, B.; attending legislative SB 703 Education and Workforce business, 1 – Deckert. Confirmed. SB 704 Health Policy SB 996, 997 -- Introduced, read first time and SB 705 Judiciary; Ways and Means referred to President’s desk. SB 706 General Government SB 98 -- Read second time and passed to third SB 707 General Government reading. SB 708 Environment and Land Use; Ways and Means SB 709 Health Policy; Ways and Means SB 78 -- Read third time. Carried by Whitsett. SB 710 Environment and Land Use On passage of bill the vote was: Ayes, 23; nays, 5 – SB 711 Environment and Land Use; Ways and Means Beyer, Ferrioli, George, Kruse, Schrader; excused, 1 – SB 713 Commerce Starr, B.; attending legislative business, 1 – Deckert. Bill passed. SB 714 General Government SB 716 Environment and Land Use SB 178 -- Read third time. Carried by SB 717 Human Services Prozanski. On passage of bill the vote was: Ayes, 26; SB 718 Revenue nays, 2 – George, Schrader; excused, 1 – Starr, B.; SB 719 Education and Workforce; Ways and Means attending legislative business, 1 – Deckert. Bill SB 720 Environment and Land Use passed. SB 721 Environment and Land Use SB 283 -- Read third time. Carried by Starr, C. SB 722 Environment and Land Use On passage of bill the vote was: Ayes, 27; nays, 1 – SB 725 General Government Ferrioli; excused, 1 – Starr, B.; attending legislative SB 726 Transportation; Ways and Means business, 1 – Deckert. Bill passed. SB 727 Business and Economic Development SB 487 -- Read third time. Carried by Metsger. SB 728 Environment and Land Use On passage of bill the vote was: Ayes, 28; excused, 1 – SB 729 Environment and Land Use Starr, B.; attending legislative business, 1 – Deckert. SB 732 Environment and Land Use Bill passed. SB 744 Commerce; Ways and Means HB 2155, 2169, 2231, 2438 -- Read first time HCR 4 General Government and referred to President’s desk. Senate adjourned until 11:00 a.m. Thursday by HJM 1 A-Eng. -- Read final time. Carried by unanimous consent at the request of the Chair. Ferrioli. On adoption of memorial, the vote was: Ayes, 28; excused, 1 – Starr, B.; attending legislative Thursday, February 24, 2005 -- Morning Session business, 1 – Deckert. Memorial adopted. Senate convened at 11:00 a.m. President The following measures were referred to Courtney in Chair. The following members were committee on February 23 and recorded on present: Atkinson, Bates, Beyer, Brown, Carter, Committee Referral List No. 18 which was distributed Devlin, Ferrioli, George, Gordly, Johnson, Kruse, to members. Referral list recorded in the Journal and Metsger, Monnes Anderson, Morrisette, Morse, Status Report by order of the President. Nelson, Prozanski, Ringo, Schrader, Shields, Starr, SJR 19 Revenue C., Verger, Walker, Westlund, Whitsett, Winters; absent -- Burdick; excused -- Starr, B.; attending SJR 20 Rules legislative business -- Deckert. Colors were posted SJR 21 Rules and the Senate pledged allegiance to the flag. SJR 23 Revenue Invocation by Senator Frank Morse, Corvallis. SJR 24 Rules SJR 25 Revenue SB 204; HB 2155, 2169, 2231, 2438 -- Message SJR 28 Rules from the House announcing passage. SENATE JOURNAL SJ-59

SJR 29 Revenue SB 794 Business and Economic Development; Ways and SB 715 Environment and Land Use; Ways and Means Means SB 723 Environment and Land Use SB 795 Rules SB 724 Environment and Land Use SB 796 Rules; Ways and Means SB 731 Environment and Land Use SB 797 Business and Economic Development; Ways and SB 733 Environment and Land Use Means SB 734 Environment and Land Use; Ways and Means SB 798 General Government; Ways and Means SB 735 Environment and Land Use SB 799 Rules SB 736 Environment and Land Use SB 800 Education and Workforce SB 737 Environment and Land Use Senate adjourned until 11:00 a.m. Monday by SB 738 Commerce; Ways and Means unanimous consent at the request of the Chair. SB 739 Environment and Land Use SB 741 Commerce Monday, February 28, 2005 -- Morning Session SB 742 Environment and Land Use SB 743 Environment and Land Use Senate convened at 11:00 a.m. Walker in Chair. SB 745 Environment and Land Use The following members were present: Atkinson, SB 746 Environment and Land Use; Ways and Means Beyer, Brown, Burdick, Carter, President Courtney, SB 747 Education and Workforce; Ways and Means Deckert, Devlin, Ferrioli, George, Gordly, Johnson, SB 748 Education and Workforce; Ways and Means Kruse, Metsger, Monnes Anderson, Morrisette, SB 749 Education and Workforce; Ways and Means Morse, Nelson, Prozanski, Ringo, Schrader, Shields, SB 750 Human Services Starr, B., Starr, C., Verger, Whitsett, Winters; SB 751 Commerce; Ways and Means excused -- Bates, Westlund. Colors were posted and SB 752 General Government the Senate pledged allegiance to the flag. Invocation SB 753 Commerce by Reverend T. Allen Bethel of the Maranatha Church of God, Portland. SB 754 Commerce; Ways and Means SB 755 Education and Workforce The following message from the Governor was SB 757 Transportation read and referred to the Committee on Rules. SB 758 General Government; Revenue February 24, 2005 SB 759 General Government; Revenue SB 760 General Government; Ways and Means TO THE HONORABLE PRESIDENT OF THE SENATE SB 761 General Government OF THE 73rd LEGISLATIVE ASSEMBLY SB 762 General Government; Ways and Means This is to notify you that our request sent to you SB 763 General Government; Ways and Means February 10, 2005, to consider the appointment of Joshua SB 765 Education and Workforce; Revenue Kardon to the State Commission on Children and Families, is hereby withdrawn. SB 766 Education and Workforce SB 767 Rules Sincerely, SB 768 Education and Workforce Ted Kulongoski SB 769 Education and Workforce Governor SB 770 Ways and Means HB 2453, 2454 -- Message from the House SB 771 Health Policy; Ways and Means announcing passage. SB 772 Human Services; Ways and Means SB 773 Business and Economic Development Committee Report Summary No. 22 listing the SB 774 Health Policy; Ways and Means following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 775 Judiciary by order of the President. SB 776 Human Services; Ways and Means SB 777 Transportation; Ways and Means SB 131 -- Report by Committee on Commerce SB 778 Human Services; Ways and Means recommending passage. SB 779 Education and Workforce; Ways and Means SB 134 -- Report by Committee on Commerce SB 780 Rules recommending passage. SB 781 Human Services SB 782 Human Services SB 147 -- Report by Committee on Commerce recommending passage. SB 785 Environment and Land Use; Ways and Means SB 786 Environment and Land Use; Ways and Means SB 193 -- Report by Committee on Education SB 787 Rules and Workforce recommending passage. SB 788 General Government SB 458 -- Report by Committee on Health SB 789 Education and Workforce Policy recommending passage. SB 790 Judiciary SB 791 Education and Workforce; Revenue SB 462 -- Report by Committee on Business and SB 792 General Government Economic Development recommending passage. SB 793 Judiciary HCR 5 -- Report by Committee on General Government recommending adoption.

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Report by Committee on Rules recommending SB 832 Revenue that the Governor’s appointment of Robert Hidley as SB 833 Revenue the Director of the Oregon Department of Aviation be SB 834 Environment and Land Use; Ways and Means confirmed. SB 835 General Government; Ways and Means Report by Committee on Rules recommending SB 837 General Government that the Governor’s reappointments of Lindy Fisker SB 838 Education and Workforce; Ways and Means and Christine Lewandowski to the Oregon Liquor SB 839 Revenue Control Commission be confirmed en bloc. SB 840 Revenue SJM 7; SJR 30; SB 998, 999, 1001, 1002, 1003 -- SB 841 Revenue Introduced, read first time and referred to President’s SB 842 Transportation; Ways and Means desk. SB 843 Rules SB 844 Judiciary SB 23, 131, 134, 147, 193, 262, 458, 462 -- Read SB 845 Revenue second time and passed to third reading. SB 846 General Government; Ways and Means SB 98 A-Eng. -- Read third time. Carried by SB 847 General Government; Revenue Metsger. On passage of bill the vote was: Ayes, 24; SB 848 Environment and Land Use nays, 1 – Schrader; absent, 1 – Burdick; excused, 2 – SB 850 Judiciary; Ways and Means Bates, Westlund; attending legislative business, 2 – SB 851 Environment and Land Use Brown, Ringo. Bill passed. SB 852 Environment and Land Use HB 2453, 2454 -- Read first time and referred to SB 853 Education and Workforce; Revenue President’s desk. SB 854 General Government; Ways and Means SB 855 Health Policy HCR 5 -- Read second time and passed to third reading. SB 856 General Government SB 857 Environment and Land Use The following measures were referred to SB 858 Rules committee on February 24 and recorded on SB 859 Transportation Committee Referral List No. 19 which was distributed SB 860 Education and Workforce to members. Referral list recorded in the Journal and SB 861 Environment and Land Use Status Report by order of the President. SB 862 Environment and Land Use; Ways and Means SJR 26 Judiciary SB 863 Environment and Land Use SJR 27 Judiciary SB 864 Judiciary SB 730 Environment and Land Use SB 865 Transportation; Ways and Means SB 764 Health Policy; Ways and Means SB 866 Business and Economic Development; Revenue SB 801 Revenue SB 867 Revenue SB 802 Judiciary SB 868 Transportation SB 803 Environment and Land Use SB 869 Environment and Land Use SB 804 Commerce SB 870 Human Services; Ways and Means SB 805 Environment and Land Use SB 871 Environment and Land Use; Revenue SB 806 Judiciary SB 872 Human Services SB 807 General Government SB 873 Judiciary; Ways and Means SB 808 Education and Workforce; Ways and Means SB 874 Rules SB 809 Human Services; Ways and Means SB 875 Judiciary SB 810 Human Services SB 876 Health Policy; Ways and Means SB 811 Human Services SB 877 Health Policy; Ways and Means SB 812 Judiciary SB 878 Business and Economic Development SB 813 Human Services; Ways and Means SB 879 Business and Economic Development SB 814 Human Services SB 880 Health Policy SB 815 Human Services SB 881 Judiciary; Ways and Means SB 816 Judiciary; Ways and Means SB 882 Health Policy; Ways and Means SB 817 General Government SB 883 Health Policy SB 818 Human Services; Ways and Means SB 884 Commerce SB 819 Health Policy; Ways and Means SB 885 Human Services SB 820 Health Policy; Ways and Means SB 886 Environment and Land Use SB 821 Judiciary SB 887 Environment and Land Use SB 822 Rules SB 888 Environment and Land Use SB 823 Health Policy SB 889 General Government; Ways and Means SB 824 Health Policy SB 890 Environment and Land Use; Revenue SB 826 Judiciary SB 891 General Government; Revenue SB 828 Judiciary SB 892 Human Services; Revenue SB 829 Revenue SB 893 Rules SB 830 Revenue SB 894 Transportation SB 831 Revenue SB 895 Human Services SENATE JOURNAL SJ-61

SB 896 Business and Economic Development; Revenue SB 948 Judiciary SB 897 Environment and Land Use SB 949 Business and Economic Development SB 898 Rules SB 950 Business and Economic Development SB 899 Revenue SB 951 Business and Economic Development SB 900 Environment and Land Use SB 952 Business and Economic Development SB 901 Judiciary SB 953 Judiciary SB 902 Judiciary SB 954 Ways and Means SB 903 Education and Workforce; Ways and Means SB 955 Business and Economic Development SB 904 General Government SB 956 Judiciary SB 905 Rules SB 957 Judiciary SB 906 Judiciary SB 958 Education and Workforce; Revenue SB 907 Judiciary SB 959 Judiciary SB 908 Judiciary SB 960 Judiciary SB 909 Judiciary SB 961 Transportation; Ways and Means SB 910 Judiciary SB 962 Health Policy; Ways and Means SB 911 Judiciary SB 963 General Government SB 912 Commerce SB 964 General Government; Ways and Means SB 913 Judiciary SB 965 Judiciary SB 914 Judiciary SB 966 Judiciary SB 915 Judiciary SB 967 Health Policy SB 916 Judiciary SB 968 Commerce SB 917 Judiciary SB 969 General Government; Ways and Means SB 918 Judiciary SB 970 Commerce SB 919 Judiciary SB 971 Human Services SB 920 Judiciary SB 972 Business and Economic Development SB 921 Judiciary SB 973 Human Services SB 927 Judiciary SB 974 Revenue SB 928 Judiciary SB 975 Commerce SB 929 General Government; Ways and Means SB 976 Health Policy; Ways and Means SB 930 Commerce SB 977 Judiciary SB 931 Commerce; Ways and Means SB 978 Judiciary SB 932 Judiciary SB 979 Judiciary SB 933 Rules SB 980 Rules SB 934 Environment and Land Use SB 981 Judiciary SB 935 Commerce SB 982 Judiciary SB 936 Health Policy SB 983 Business and Economic Development SB 937 Judiciary SB 984 General Government SB 985 Human Services The following measures were referred to committee on February 25 and recorded on SB 986 General Government Committee Referral List No. 20 which was distributed SB 987 Health Policy to members. Referral list recorded in the Journal and SB 988 Judiciary Status Report by order of the President. SB 989 Judiciary SB 990 Judiciary SB 825 Health Policy SB 991 Rules SB 827 Health Policy SB 992 Rules; Ways and Means SB 836 General Government SB 993 Judiciary; Ways and Means SB 849 Rules SB 994 Revenue SB 922 Business and Economic Development SB 995 General Government SB 923 Business and Economic Development SB 996 Revenue SB 924 Business and Economic Development SB 997 Business and Economic Development SB 925 Business and Economic Development SB 926 Business and Economic Development Senate adjourned until 11:00 a.m. Tuesday by SB 938 Judiciary unanimous consent at the request of the Chair. SB 939 Judiciary SB 940 Judiciary Tuesday, March 1, 2005 -- Morning Session SB 941 Rules SB 942 Judiciary Senate convened at 11:00 a.m. President SB 943 Judiciary Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, SB 944 Commerce Deckert, Devlin, Ferrioli, George, Gordly, Johnson, SB 945 Judiciary Kruse, Metsger, Monnes Anderson, Morrisette, SB 947 Judiciary Morse, Nelson, Prozanski, Ringo, Schrader, Shields,

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Starr, B., Starr, C., Verger, Walker, Westlund, SB 131 -- Read third time. Carried by Whitsett. Whitsett; excused -- Bates, Winters;. Colors were On passage of bill the vote was: Ayes, 27; nays, 1 – posted and the Senate pledged allegiance to the flag. Schrader; excused, 2 – Bates, Winters. Bill passed. Invocation by Pastor Stephen Lewis of the Evergreen Presbyterian Church, Salem. SB 134 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 28; excused, 2 – Senate at ease. Senate reassembled. Bates, Winters. Bill passed. The following message from the Governor was SB 147 -- Read third time. Carried by Ringo. read and referred to the President's desk: Call of the Senate demanded by Ringo joined by February 28, 2005 Brown and Gordly. All present except, Bates, Winters, excused. On passage of bill the vote was: TO THE HONORABLE PRESIDENT OF THE SENATE Ayes, 17; nays, 11 – Atkinson, Beyer, Ferrioli, George, OF THE 72nd LEGISLATIVE ASSEMBLY Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, Whitsett; excused, 2 – Bates, Winters. Bill passed. ORS 526.009 provides that the Governor shall appoint the State Board of Forestry subject to Senate confirmation, in SB 193 -- Read third time. Carried by Starr, C. the manner provided by ORS 171.562 and ORS 171.565. On passage of bill the vote was: Ayes, 26; nays, 2 – I appoint Les AuCoin of Ashland to the State Board of Gordly, Metsger; excused, 2 – Bates, Winters. Bill Forestry for a four-year term beginning May 1, 2005, and passed. ending April 30, 2009 effective upon Senate confirmation. SB 262 A-Eng. -- Read third time. Carried by This appointment is submitted for your consideration. Ringo. Burdick declared a potential conflict of interest. On passage of bill the vote was: Ayes, 25; Sincerely, nays, 3 – Gordly, Metsger, Walker; excused, 2 – Ted Kulongoski Governor Bates, Winters. Bill passed. SB 458 -- Read third time. Carried by HB 2083, 2251, 2281, 2311, 2451, 2497, 2498, Morrisette. On passage of bill the vote was: Ayes, 25; 2537 -- Message from the House announcing passage. nays, 3 – Gordly, Nelson, Verger; excused, 2 – Bates, Committee Report Summary No. 23 listing the Winters. Bill passed. following reports was distributed to members today. SB 462 -- Read third time. Carried by Atkinson. Summary list recorded in Journal and Status Report On passage of bill the vote was: Ayes, 27; nays, 1 – by order of the President. Morse; excused, 2 – Bates, Winters. Bill passed. SB 135 -- Report by Committee on Commerce HB 2083, 2251, 2281, 2311, 2451, 2497, 2498, recommending passage with amendments. 2537 -- Read first time and referred to President’s SB 207 -- Report by Committee on Business and desk. Economic Development recommending passage. HCR 5 -- Read final time. Carried by Monnes SB 235 -- Report by Committee on Judiciary Anderson. On adoption of resolution, the vote was: recommending passage with amendments. Ayes, 28; excused, 2 – Bates, Winters. Resolution adopted. SB 236 -- Report by Committee on Judiciary recommending passage. The following measures were referred to committee on February 28 and recorded on SB 237 -- Report by Committee on Judiciary Committee Referral List No. 21 which was distributed recommending passage with amendments. to members. Referral list recorded in the Journal and Status Report by order of the President. Ferrioli moved that the Senate confirm the Governor's appointment of Robert Hidley as the SB 740 Environment and Land Use; Ways and Means Director of the Oregon Department of Aviation. On SB 783 Health Policy; Ways and Means confirmation the vote was: Ayes, 26; nays, 1 – SB 784 Health Policy; Ways and Means Atkinson; excused, 2 – Bates, Winters; attending SB 946 Judiciary; Ways and Means legislative business, 1 – Starr, B. Confirmed. HB 2054 Revenue Shields moved that the Senate confirm en bloc HB 2064 Health Policy the Governor’s reappointments of Lindy Fisker and HB 2104 Rules Christine Lewandowski to the Oregon Liquor Control HB 2141 Judiciary Commission. On confirmation the vote was: Ayes, HB 2144 Judiciary 28; excused, 2 – Bates, Winters. Confirmed en bloc. HB 2155 General Government SB 1004, 1005, 1006, 1007 -- Introduced, read HB 2169 Rules first time and referred to President’s desk. HB 2223 Transportation HB 2225 Judiciary SB 207, 236 -- Read second time and passed to HB 2226 Judiciary third reading. HB 2227 Judiciary SB 23 A-Eng. -- Read third time. Carried by HB 2231 Judiciary Deckert. On passage of bill the vote was: Ayes, 28; HB 2243 Health Policy excused, 2 – Bates, Winters. Bill passed. HB 2244 Human Services HB 2275 Judiciary SENATE JOURNAL SJ-63

HB 2279 Judiciary The following measures were referred to HB 2289 Judiciary committee on March 1 and recorded on Committee HB 2296 Judiciary Referral List No. 22 which was distributed to HB 2297 Judiciary members. Referral list recorded in the Journal and HB 2299 Judiciary Status Report by order of the President. HB 2305 Judiciary State Board of Forestry (ORS 526.009) HB 2314 Judiciary Les AuCoin Rules HB 2371 Business and Economic Development HB 2438 Environment and Land Use Senate adjourned until 11:00 a.m. Thursday by HB 2439 Business and Economic Development unanimous consent at the request of the Chair. HB 2442 Human Services HB 2446 Revenue Thursday, March 3, 2005 -- Morning Session

Parliamentary inquiry by Ferrioli asking the Senate convened at 11:00 a.m. Starr, B. in Chair. procedure of referring executive appointments to The following members were present: Atkinson, committees before the message from the Governor has Bates, Beyer, Brown, Burdick, Carter, President been read on the floor. President Courtney deferred Courtney, Deckert, Devlin, Gordly, Johnson, Kruse, his response to the inquiry until March 2. Metsger, Monnes Anderson, Morrisette, Morse, SB 204 -- President Courtney signed on March 1. Nelson, Prozanski, Ringo, Schrader, Shields, Starr, C., Verger, Walker, Westlund, Whitsett, Winters; Senate adjourned until 11:00 a.m. Wednesday by excused -- George, Ferrioli. Colors were posted and unanimous consent at the request of the Chair. the Senate pledged allegiance to the flag. Invocation by Pastor Dan Bryant of the First Christian Church, Wednesday, March 2, 2005 -- Morning Session Eugene.

Senate convened at 11:00 a.m. Starr, C. in Chair. HB 2053, 2127, 2173, 2201, 2443 -- Message The following members were present: Atkinson, from the House announcing passage. Beyer, Brown, Burdick, Carter, President Courtney, SB 204; HJM 1; HB 2153, 2255, 2263 -- Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Message from the House announcing the Speaker Kruse, Metsger, Monnes Anderson, Morrisette, signed on March 2. Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Verger, Walker, Westlund, Whitsett; Committee Report Summary No. 25 listing the excused -- Bates, Winters. Colors were posted by the following reports was distributed to members today. Junior Girl Scout Troop 768 from Bend. The Senate Summary list recorded in Journal and Status Report pledged allegiance to the flag. Invocation by Pastor by order of the President. Mark Knutson from Augustana Lutheran Church, SB 120 -- Report by Committee on Business and Portland. Economic Development recommending passage. HB 2084, 2161, 2177, 2216, 2219, 2254, 2267 -- SB 332 -- Report by Committee on Judiciary Message from the House announcing passage. recommending passage. Committee Report Summary No. 24 listing the SB 450 -- Report by Committee on Health following reports was distributed to members today. Policy recommending passage with amendments. Summary list recorded in Journal and Status Report by order of the President. SB 468 -- Report by Committee on General Government recommending passage. SB 318 -- Report by Committee on Business and Economic Development recommending passage with SB 496 -- Report by Committee on Environment amendments. and Land Use recommending passage. Ferrioli withdrew his parliamentary inquiry SB 1008 -- Introduced, read first time and regarding executive appointments from March 1 referred to President’s desk. session. SB 120, 318, 332, 468, 496 -- Read second time SB 135, 235, 237 -- Read second time and passed and passed to third reading. to third reading. SB 135 A-Eng. -- Read third time. Carried by SB 207 -- Read third time. Carried by Walker. Beyer. On passage of bill the vote was: Ayes, 28; On passage of bill the vote was: Ayes, 27; nays, 1 – excused, 2 – Ferrioli, George. Bill passed. Schrader; excused, 2 – Bates, Winters. Bill passed. SB 235 A-Eng. -- Read third time. Carried by SB 236 -- Read third time. Carried by Walker. Walker. Call of the Senate demanded by Walker On passage of bill the vote was: Ayes, 29; excused, 1 – joined by Brown and Burdick. All present except Winters. Bill passed. Ferrioli, George, excused. On passage of bill the vote was: Ayes, 17; nays, 11 – Atkinson, Beyer, Johnson, HB 2084, 2161, 2177, 2216, 2219, 2254, 2267 -- Kruse, Morse, Nelson, Schrader, Starr, B., Westlund, Read first time and referred to President’s desk. Whitsett, Winters; excused, 2 – Ferrioli, George. Bill passed.

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SB 235 -- Schrader requested the following SB 148 -- Report by Committee on Commerce explanation of vote be entered into the journal: recommending passage. 1. “We already have Federal ADA regulations for SB 367 -- Report by Committee on Business public accommodations that are sufficient and and Economic Development recommending passage complete. with amendments. 2. “There is no need to add another layer of HB 2067 -- Report by Committee on bureaucracy or complexity for employers. Transportation recommending passage. 3. “The agencies already have rulemaking ability as SB 148, 450 -- Read second time and passed to does BOLI to implement those Federal third reading. requirements. SB 120 -- Read third time. Carried by Metsger. 4. “A new more restrictive layer of regulation would On passage of bill the vote was: Ayes, 27; nays, 2 – require more money from State and Local Kruse, Whitsett; attending legislative business, 1 – government. Money that otherwise could go into Starr, B. Bill passed. services for disabled Oregonians. Not a wise tradeoff in tough budget times. SB 318 A-Eng. -- Read third time. Carried by Schrader. On passage of bill the vote was: Ayes, 30. 5. “We will continue to be responsive to changes in Bill passed. Federal ADA regulatory changes. SB 332 -- Read third time. Carried by Ringo. “I am a strong supporter of removing barriers for Potential conflict of interest declared by Westlund. disabled Oregonians, against added complexities and costs On passage of bill the vote was: Ayes, 30. Bill passed. for public employers, that would siphon off precious dollars that could provide services.” SB 468 -- Read third time. Carried by George. On passage of bill the vote was: Ayes, 30. Bill passed. SB 237 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 28; SB 496 -- Read third time. Carried by Shields. excused, 2 – Ferrioli, George. Bill passed. On passage of bill the vote was: Ayes, 24; nays, 6 – Beyer, Ferrioli, George, Kruse, Starr, C., Whitsett. HB 2053, 2127, 2173, 2201, 2443 -- Read first Bill passed. time and referred to President’s desk. HB 2067 -- Read second time and passed to HJM 1; HB 2153, 2255, 2263 -- President third reading. Courtney signed on March 3. The following measures were referred to Senate adjourned until 11:00 a.m. Monday by committee on March 4 and recorded on Committee unanimous consent at the request of the Chair. Referral List No. 23 which was distributed to members. Referral list recorded in the Journal and Monday, March 7, 2005 -- Morning Session Status Report by order of the President. SJM 7 Transportation Senate convened at 11:00 a.m. President SJR 30 General Government Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, SB 998 Transportation Carter, Deckert, Devlin, Ferrioli, George, Gordly, SB 999 Business and Economic Development Johnson, Kruse, Metsger, Monnes Anderson, SB 1001 Commerce Morrisette, Morse, Nelson, Prozanski, Ringo, SB 1002 Business and Economic Development Schrader, Shields, Starr, B., Starr, C., Verger, SB 1003 General Government; Ways and Means Walker, Westlund, Whitsett, Winters. Colors were SB 1004 Human Services posted and the Senate pledged allegiance to the flag. SB 1005 Human Services; Ways and Means Invocation by Emily Gottfried, the Area Executive SB 1006 General Government Director of the Oregon Chapter for the American SB 1007 Transportation Jewish Committee, Portland. HB 2053 General Government SB 222 -- Message from the House announcing HB 2083 Environment and Land Use passage. HB 2084 Business and Economic Development HB 2127 Commerce SCR 1 -- Message from the House announcing adoption as amended by the House. HB 2161 General Government HB 2173 General Government Committee Report Summary No. 26 listing the HB 2177 Health Policy following reports was distributed to members today. HB 2201 Health Policy Summary list recorded in Journal and Status Report HB 2216 General Government by order of the President. HB 2219 General Government SB 17 -- Report by Committee on Business and HB 2251 Human Services Economic Development recommending passage with HB 2254 Human Services amendments and requesting subsequent referral to HB 2267 Transportation Committee on Ways and Means be rescinded. HB 2281 Judiciary Subsequent referral to Committee on Ways and HB 2311 Commerce Means rescinded by order of the President. SENATE JOURNAL SJ-65

HB 2443 Education and Workforce OF THE 73rd LEGISLATIVE ASSEMBLY HB 2451 Revenue ORS 414.715 provides that the Governor shall appoint the HB 2453 Revenue members of the Health Services Commission, subject to HB 2454 Revenue Senate confirmation, in the manner provided by ORS HB 2497 Human Services 171.562 and ORS 171.565. HB 2498 Human Services I reappoint Brayn Sohl of Ashland to the Health Services HB 2537 Environment and Land Use Commission for a four-year term, as provided by statute, beginning December 1, 2004 and ending on November 30, Senate adjourned until 11:00 a.m. Tuesday by 2008, effective upon Senate confirmation. unanimous consent at the request of the Chair. This appointment is submitted for your consideration. Tuesday, March 8, 2005 -- Morning Session Sincerely, Ted Kulongoski Senate convened at 11:00 a.m. President Governor Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Burdick, Carter, March 7, 2005 Deckert, George, Gordly, Johnson, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, TO THE HONORABLE PRESIDENT OF THE SENATE Schrader, Starr, C., Verger, Walker, Westlund, OF THE 73rd LEGISLATIVE ASSEMBLY Whitsett, Winters; excused -- Devlin, Kruse; ORS 390.114 provides that the Governor shall appoint the attending legislative business -- Brown, Ferrioli, members of the State Parks and Recreation Commission, Ringo, Starr, B., Shields. Colors were posted and the subject to Senate confirmation, in the manner provided by Senate pledged allegiance to the flag. Invocation by ORS 171.562 and ORS 171.565. Frank Carpenter of Capitol Ministries, Hillsboro. I appoint James Brown of Salem to the State Parks and The following messages from the Governor were Recreation Commission for a four-year term, as provided by read and referred to the President's desk: statute, beginning April 1, 2005 and ending on March 31, 2009, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski ORS 496.090 provides that the Governor shall appoint the Governor members of the State Fish and Wildlife Commission, subject to Senate confirmation, in the manner provided by March 7, 2005 ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Zane Smith of Springfield to the State Fish and OF THE 73rd LEGISLATIVE ASSEMBLY Wildlife Commission for a four-year term, as provided by statute, beginning February 16, 2005 and ending on ORS 390.114 provides that the Governor shall appoint the February 15, 2009, effective upon Senate confirmation. members of the State Parks and Recreation Commission, subject to Senate confirmation, in the manner provided by This appointment is submitted for your consideration. ORS 171.562 and ORS 171.565. Sincerely, I reappoint William Gregory of Gleneden Beach to the State Ted Kulongoski Parks and Recreation Commission for a four-year term, as Governor provided by statute, beginning April 1, 2005 and ending on March 31, 2009, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski ORS 414.715 provides that the Governor shall appoint the Governor members of the Health Services Commission, subject to Senate confirmation, in the manner provided by ORS March 7, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Leda Garside of Hillsboro to the Health Services OF THE 73rd LEGISLATIVE ASSEMBLY Commission for a four-year term, as provided by statute, beginning March 31, 2005 and ending on March 30, 2009, ORS 390.114 provides that the Governor shall appoint the effective upon Senate confirmation. members of the State Parks and Recreation Commission, subject to Senate confirmation, in the manner provided by This appointment is submitted for your consideration. ORS 171.562 and ORS 171.565. Sincerely, I appoint Sharon Rudi of Baker City to the State Parks and Ted Kulongoski Recreation Commission for an unexpired four-year term, as Governor provided by statute, beginning April 1, 2005 and ending on December 31, 2005, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely,

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Ted Kulongoski statute, beginning April 1, 2005 and ending on March 31, Governor 2009, effective upon Senate confirmation.

March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 688.160 provides that the Governor shall appoint the members of the Physical Therapist Licensing Board, subject March 7, 2005 to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Cindy Cunningham of Portland to the Physical OF THE 73rd LEGISLATIVE ASSEMBLY Therapist Licensing Board for a four-year term, as provided ORS 327.500 provides that the Governor shall appoint the by statute, beginning June 1, 2005 and ending on May 31, members of the Quality Education Commission, subject to 2009, effective upon Senate confirmation. Senate confirmation, in the manner provided by ORS This appointment is submitted for your consideration. 171.562 and ORS 171.565. Sincerely, I reappoint Susan Massey of Coos Bay to the Quality Ted Kulongoski Education Commission for a four-year term, as provided by Governor statute, beginning August 2, 2004 and ending on August 1, 2008, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 688.160 provides that the Governor shall appoint the members of the Physical Therapist Licensing Board, subject to Senate confirmation, in the manner provided by ORS March 7, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Charles Moore of Portland to the Physical OF THE 73rd LEGISLATIVE ASSEMBLY Therapist Licensing Board for a four-year term, as provided by statute, beginning April 1, 2005 and ending on March 31, ORS 327.500 provides that the Governor shall appoint the 2009, effective upon Senate confirmation. members of the Quality Education Commission, subject to Senate confirmation, in the manner provided by ORS This appointment is submitted for your consideration. 171.562 and ORS 171.565. Sincerely, I appoint Lolenzo Poe of Portland to the Quality Education Ted Kulongoski Commission for a four-year term, as provided by statute, Governor beginning April 1, 2005 and ending on March 31, 2009, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 327.500 provides that the Governor shall appoint the members of the Quality Education Commission, subject to Senate confirmation, in the manner provided by ORS March 7, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Yvonne Curtis of Springfield to the Quality OF THE 73rd LEGISLATIVE ASSEMBLY Education Commission for a four-year term, as provided by statute, beginning April 1, 2005 and ending on March 31, ORS 673.725 provides that the Governor shall appoint the 2009, effective upon Senate confirmation. members of the State Board of Tax Practitioners, subject to Senate confirmation, in the manner provided by ORS This appointment is submitted for your consideration. 171.562 and ORS 171.565. Sincerely, I appoint Michael Addington of Bend to the State Board of Ted Kulongoski Tax Practitioners for a three-year term, as provided by Governor statute, beginning March 31, 2005 and ending on March 30, 2008, effective upon Senate confirmation. March 7, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 327.500 provides that the Governor shall appoint the members of the Quality Education Commission, subject to Senate confirmation, in the manner provided by ORS March 7, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Lynn Lundquist of Beaverton to the Quality OF THE 73rd LEGISLATIVE ASSEMBLY Education Commission for a four-year term, as provided by SENATE JOURNAL SJ-67

present except Devlin, Kruse, excused; Starr, B., ORS 673.725 provides that the Governor shall appoint the members of the State Board of Tax Practitioners, subject to attending legislative business. On passage of bill the Senate confirmation, in the manner provided by ORS vote was: Ayes, 20; nays, 7 – Atkinson, Beyer, 171.562 and ORS 171.565. Ferrioli, George, Nelson, Starr, C., Whitsett; excused, 2 – Devlin, Kruse; attending legislative business, 1 – I reappoint Donna Gilmour of Salem to the State Board of Starr, B. Bill passed. Tax Practitioners for a three-year term, as provided by statute, beginning June 1, 2005 and ending on May 31, Senate adjourned until 11:00 a.m. Wednesday by 2008, effective upon Senate confirmation. unanimous consent at the request of the Chair. This appointment is submitted for your consideration. Wednesday, March 9, 2005 -- Morning Session Sincerely, Ted Kulongoski Governor Senate convened at 11:00 a.m. Schrader in Chair. The following members were present: SB 59, 60, 80, 124; HB 2015, 2068, 2106, 2114, Atkinson, Bates, Beyer, Brown, Burdick, President 2118, 2288, 2426 -- Message from the House Courtney, Deckert, Devlin, Ferrioli, George, Gordly, announcing passage. Johnson, Kruse, Metsger, Monnes Anderson, Committee Report Summary No. 27 listing the Morrisette, Morse, Nelson, Prozanski, Shields, Starr, following reports was distributed to members today. B., Starr, C., Verger, Walker, Westlund, Whitsett; Summary list recorded in Journal and Status Report excused -- Carter, Ringo, Winters. Colors were by order of the President. posted and the Senate pledged allegiance to the flag. Invocation by Pastor Skip Heiney of Dayspring SB 54 -- Report by Committee on Rules Christian Fellowship, Banks. Special dance recommending passage. performance by Anne Mueller and Brian Simcoe of the Oregon Ballet Theatre, Portland. SB 108 -- Report by Committee on Rules recommending passage. SB 204 -- Message from the Governor announcing he signed on March 8. SB 109 -- Report by Committee on Rules recommending passage. HB 2092, 2116, 2126, 2198 -- Message from the House announcing passage. SB 110 -- Report by Committee on Rules recommending passage. Committee Report Summary No. 28 listing the following reports was distributed to members today. SB 111 -- Report by Committee on Rules Summary list recorded in Journal and Status Report recommending passage with amendments. by order of the President. SB 460 -- Report by Committee on Health SB 217 -- Report by Committee on Judiciary Policy recommending passage with amendments. recommending passage with amendments. SB 17, 54, 108, 109, 110, 367 -- Read second SB 218 -- Report by Committee on Judiciary time and passed to third reading. recommending passage with amendments. SB 148 -- Moved to the foot of today's calendar by SB 325 -- Report by Committee on Education unanimous consent at the request of the Chair. and Workforce recommending passage. Referred to SB 450 A-Eng. -- Read third time. Carried by Committee on Revenue by prior reference. Monnes Anderson. On passage of bill the vote was: SB 383 -- Report by Committee on Education Ayes, 24; excused, 2 – Devlin, Kruse; attending and Workforce recommending passage. legislative business, 4 – Brown, Ferrioli, Shields, Starr, B. Bill passed. SB 467 -- Report by Committee on Education and Workforce recommending passage. Referred to HB 2015, 2068, 2106, 2114, 2118, 2288, 2426 -- Committee on Ways and Means by prior reference. Read first time and referred to President’s desk. SB 553 -- Report by Committee on Human HB 2067 -- Read third time. Carried by Services recommending passage with amendments. Whitsett. On passage of bill the vote was: Ayes, 23; nays, 1 – Schrader; excused, 2 – Devlin, Kruse; SB 756 -- Report by Committee on Human attending legislative business, 4 – Brown, Ferrioli, Services, signed by Morrisette, Chair, recommending Shields, Starr, B. Bill passed. passage. Minority Report, signed by Kruse, Starr, C., recommending passage with amendments. Senate reverted to the order of Third Reading of Senate Measures by unanimous consent at the HB 2055 -- Report by Committee on General request of the Chair. Government recommending passage. SB 148 -- Read third time. Carried by Report by Committee on Rules recommending Prozanski. Call of the Senate demanded by that the Governor’s appointment of Les AuCoin to the Prozanski joined by Verger and Ringo. All present State Board of Forestry be confirmed. except Devlin, Kruse, excused; Brown, Ferrioli, Ringo, Starr, B., Shields, attending legislative business. SB 111, 383, 460 -- Read second time and Further proceedings under the Call terminated by passed to third reading. implied consent at the request of the Chair. All

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SB 17 A-Eng. -- Read third time. Carried by Lolenzo Poe Rules Nelson. On passage of bill the vote was: Ayes, 26; Susan Massey (r) Rules excused, 4 – Carter, Ringo, Verger, Winters. Bill Lynn Lundquist Rules passed. State Board of Tax Practitioners (ORS 673.725) SB 54 -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 27; excused, 3 – Michael Addington Rules Carter, Ringo, Winters. Bill passed. Donna Gilmour (r) Rules SB 108 -- Read third time. Carried by Brown. Senate adjourned until 11:00 a.m. Thursday by On passage of bill the vote was: Ayes, 27; excused, 3 – unanimous consent at the request of the Chair. Carter, Ringo, Winters. Bill passed. SB 109 -- Read third time. Carried by Brown. Thursday, March 10, 2005 -- Morning Session On passage of bill the vote was: Ayes, 26; nays, 1 – Schrader; excused, 3 – Carter, Ringo, Winters. Bill Convening of the Senate delayed until 11:15 a.m. passed. by implied consent at the request of President Pro Tempore Carter. Senate convened at 11:35 a.m. SB 110 -- Read third time. Carried by Brown. President Courtney in Chair. The following members On passage of bill the vote was: Ayes, 26; absent, 1 – were present: Atkinson, Bates, Beyer, Brown, Deckert; excused, 3 – Carter, Ringo, Winters. Bill Burdick, Carter, Deckert, Devlin, Ferrioli, George, passed. Gordly, Johnson, Kruse, Metsger, Monnes Anderson, SB 367 A-Eng. -- Read third time. Carried by Morrisette, Morse, Nelson, Prozanski, Ringo, Metsger. On passage of bill the vote was: Ayes, 23; Schrader, Shields, Starr, C., Verger, Walker, nays, 4 – Atkinson, Beyer, Kruse, Whitsett; excused, Westlund, Whitsett; excused -- Winters; attending 3 – Carter, Ringo, Winters. Bill passed. legislative business -- Starr, B. Colors were posted and the Senate pledged allegiance to the flag. HB 2092, 2116, 2126, 2198 -- Read first time Invocation by Nate Krupp, Salem. and referred to President’s desk. HB 2196, 2253, 2259 -- Message from the House HB 2055 -- Read second time and passed to announcing passage. third reading. Committee Report Summary No. 29 listing the The following measure was referred to following reports was distributed to members today. committee on March 8 and recorded on Committee Summary list recorded in Journal and Status Report Referral List No. 24 which was distributed to by order of the President. members. Referral list recorded in the Journal and Status Report by order of the President. SB 169 -- Report by Committee on Education and Workforce recommending passage. SB 1008 Business and Economic Development; General SB 191 -- Report by Committee on General Government; Ways and Means Government recommending passage. The following measures were referred to SB 228 -- Report by Committee on Education and committee on March 8 and recorded on Committee Workforce recommending passage. Referred to Referral List No. 25 which was distributed to Committee on Ways and Means by prior reference. members. Referral list recorded in the Journal and Status Report by order of the President. SB 373 -- Report by Committee on Transportation recommending passage with State Fish and Wildlife Commission (ORS 496.090) amendments. Zane Smith (r) Rules Brown moved that consideration of the Governor’s appointment of Les AuCoin to the State Health Services Commission (ORS 414.715) Board of Forestry be taken from today’s calendar and Leda Garside Rules placed on March 14 calendar. Senate at ease. Senate Bryan Sohl (r) Rules reassembled. Motion carried by voice vote. SB 1009, 1010, 1011, 1012 -- Introduced, read State Parks and Recreation Commission (ORS first time and referred to President’s desk. 390.114) SB 169, 191, 217, 218, 553, 756 -- Read second James Brown Rules time and passed to third reading. William Gregory (r) Rules Sharon Rudi Rules SB 111 A-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 28; Physical Therapist Licensing Board (ORS 688.160) excused, 1 – Winters; attending legislative business, 1 – Starr, B. Bill passed. Cindy Cunningham (r) Rules Charles Moore (r) Rules SB 383 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 27; nays, 1 – Quality Education Commission (ORS 327.500) Whitsett; excused, 1 – Winters; attending legislative business, 1 – Starr, B. Bill passed. Yvonne Curtis Rules SENATE JOURNAL SJ-69

SB 460 A-Eng. -- Read third time. Carried by deserve to have boards and commissions that help advance Kruse. On passage of bill the vote was: Ayes, 28; your vision. excused, 1 – Winters; attending legislative business, 1 Sincerely yours, – Starr, B. Bill passed. Les AuCoin HB 2196, 2253, 2259 -- Read first time and referred to President’s desk. SB 341; HB 5068; 2595 -- Message from the HB 2055 -- Read third time. Carried by George. House announcing passage. On passage of bill the vote was: Ayes, 28; excused, 1 – Winters; attending legislative business, 1 – Starr, B. Committee Report Summary No. 30 listing the Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report Senate adjourned until 11:00 a.m. Monday by by order of the President. unanimous consent at the request of the Chair. SB 13 -- Report by Committee on Business and Monday, March 14, 2005 -- Morning Session Economic Development recommending passage with amendments. Senate convened at 11:00 a.m. President SB 84 -- Report by Committee on Business and Courtney in Chair. The following members were Economic Development recommending passage. present: Atkinson, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, SB 219 -- Report by Committee on Judiciary Kruse, Metsger, Monnes Anderson, Morrisette, recommending passage. Morse, Nelson, Prozanski, Schrader, Shields, Starr, SB 248 -- Report by Committee on Judiciary B., Starr, C., Verger, Whitsett; excused -- Bates, recommending passage. Walker, Winters; attending legislative business -- Ringo, Westlund. Colors were posted and the Senate SB 252 -- Report by Committee on Judiciary pledged allegiance to the flag. Invocation by Pastor recommending passage with amendments. Elbert Mondaine of the Celebration Tabernacle, Portland. SB 278 -- Report by Committee on Judiciary recommending passage with amendments. The following message from the Governor was read and referred to the Committee on Rules. SB 302 -- Report by Committee on Revenue recommending passage with amendments. March 11, 2005 SB 595 -- Report by Committee on TO THE HONORABLE PRESIDENT OF THE SENATE Transportation recommending passage with OF THE 73rd LEGISLATIVE ASSEMBLY amendments. In light of the attached letter, this is to notify you that SB 735 -- Report by Committee on Environment our request sent to you February 28, 2005, to consider the and Land Use recommending passage. appointment of Les AuCoin to the State Board of Forestry, is hereby withdrawn. SB 736 -- Report by Committee on Environment and Land Use recommending passage. Sincerely, SB 737 -- Report by Committee on Environment Ted Kulongoski and Land Use recommending passage. Governor SB 859 -- Report by Committee on The Honorable Ted Kulongoski Transportation recommending passage. Governor, State of Oregon State Capital Senate recessed until 11:40 a.m. by unanimous Salem, Oregon consent on motion of Brown.

Senate reconvened at 11:40 a.m. President Re: Withdrawal of appointment to the Board of Forestry Courtney in Chair. All present except Bates, Walker, Winters, excused; Ringo, Westlund, attending legislative business. Dear Ted: I write to request that you withdraw my nomination to the Senate, having recessed following the order of Board of Forestry. It seems clear that the vitriolic Reports from Standing Committees, resumed under confirmation process- and intemperate words I wrote in the general order of business by unanimous consent frustrated response---have caused divisions within the at the request of the Chair. party. Therefore, it is best for all concerned for me to return to private life and the work I was engaged in when you SB 84, 219, 248, 373, 735, 736, 737, 859 -- Read asked me to resume public service. second time and passed to third reading. I would have enjoyed helping you strengthen the board. I SB 756 -- Consideration of Committee and respect your confidence in me and wish I could have Minority Reports taken from today’s calendar and performed this service for you and for the state I love. I placed on March 23 calendar by unanimous consent send every best wish that your next nomination will give on motion of Brown. you the leadership you seek on the Board of Forestry. You

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SB 169 -- Read third time. Carried by Johnson, Kruse, Metsger, Monnes Anderson, Morrisette. On passage of bill the vote was: Ayes, 22; Morrisette, Morse, Prozanski, Schrader, Starr, B., nays, 3 – Beyer, Ferrioli, George; excused, 3 – Bates, Starr, C., Verger, Walker, Whitsett; absent -- Walker, Winters; attending legislative business, 2 – Westlund; excused -- Shields, Winters; attending Ringo, Westlund. Bill passed. legislative business -- Ringo. Colors were posted and the Senate pledged allegiance to the flag. Invocation SB 191 -- Read third time. Carried by Shields. by Pastor Steve Mitchell of Inglewood United On passage of bill the vote was: Ayes, 20; nays, 5 – Methodist Church, Salem. Musical performance Atkinson, Beyer, Ferrioli, George, Kruse; excused, 3 – by Bailey Schmidt on the trombone accompanied by Bates, Walker, Winters; attending legislative Jennifer Garrett on the piano, Salem. business, 2 – Ringo, Westlund. Bill passed. HB 2124, 2395, 2422, 2460, 2547, 2548, 2582 -- SB 217 -- Read third time. Carried by Burdick. Message from the House announcing passage. Taken from today’s third reading calendar and placed on March 15 calendar by unanimous consent Committee Report Summary No. 31 listing the on motion of Burdick. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 218 A-Eng. -- Read third time. Carried by by order of the President. Prozanski. On passage of bill the vote was: Ayes, 25; nays, 1 – Kruse; excused, 2 – Bates, Winters; SCR 5 -- Report by Committee on Education attending legislative business, 2 – Ringo, Westlund. and Workforce recommending adoption. Bill passed. SB 85 -- Report by Committee on Education and SB 553 A-Eng. -- Read third time. Carried by Workforce recommending passage. Morse. On passage of bill the vote was: Ayes, 24; nays, 2 – Beyer, Kruse; excused, 2 – Bates, Winters; SB 272 -- Report by Committee on Judiciary attending legislative business, 2 – Ringo, Westlund. recommending passage with amendments. Bill passed. SB 394 -- Report by Committee on Education and HB 5068; 2595 -- Read first time and referred to Workforce recommending passage. Referred to President’s desk. Committee on Revenue by prior reference. The following measures were referred to SB 600 -- Report by Committee on Business committee on March 11 and recorded on Committee and Economic Development recommending passage Referral List No. 26 which was distributed to with amendments. members. Referral list recorded in the Journal and SB 691 -- Report by Committee on General Status Report by order of the President. Government recommending passage with SB 1009 Judiciary amendments. SB 1010 Rules SB 692 -- Report by Committee on General SB 1011 Judiciary Government recommending passage. SB 1012 Judiciary SB 693 -- Report by Committee on General HB 2015 Judiciary Government recommending passage. HB 2068 Transportation HB 2092 General Government HCR 4 -- Report by Committee on General HB 2106 Transportation Government recommending adoption of the A- HB 2114 Transportation Engrossed resolution. HB 2116 Transportation HB 5068 -- Report by Committee on Ways and HB 2118 General Government Means recommending passage of the A-Engrossed HB 2126 Commerce bill. HB 2196 Environment and Land Use HB 2087 -- Report by Committee on General HB 2198 Environment and Land Use Government recommending passage. HB 2253 General Government HB 2259 General Government HB 2095 -- Report by Committee on General HB 2288 Judiciary Government recommending passage. HB 2426 Health Policy HB 2155 -- Report by Committee on General SB 59, 60, 80, 124, 222 -- President Courtney Government recommending passage. signed on March 14. HB 2204 -- Report by Committee on General Senate adjourned until 11:00 a.m. Tuesday by Government recommending passage. unanimous consent at the request of the Chair. HB 2206 -- Report by Committee on General Government recommending passage. Tuesday, March 15, 2005 -- Morning Session SCR 1 A-Eng. -- Monnes Anderson moved that the Senate concur in House amendments and readopt Senate convened at 11:00 a.m. Nelson in Chair. resolution. On concurrence and readoption the vote The following members were present: Atkinson, was: Ayes, 26; absent, 1 – Westlund; excused, 2 – Bates, Beyer, Brown, Burdick, Carter, President Shields, Winters; attending legislative business, 1 – Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Ringo. Resolution readopted. SENATE JOURNAL SJ-71

SB 1013 -- Introduced, read first time and The following measures were referred to referred to President’s desk. committee on March 14 and recorded on Committee Referral List No. 27 which was distributed to SCR 5; SB 13, 85, 252, 278, 302, 595, 692, 693 -- members. Referral list recorded in the Journal and Read second time and passed to third reading. Status Report by order of the President. SB 84 -- Read third time. Carried by Metsger. HB 5068 Ways and Means On passage of bill the vote was: Ayes, 26; absent, 1 – Westlund; excused, 2 – Shields, Winters; attending HCR 5 -- President Courtney signed on March legislative business, 1 – Ringo. Bill passed. 15. SB 217 A-Eng. -- Bill read. Carried by Burdick. Senate adjourned until 11:00 a.m. Wednesday by Call of the Senate demanded by Burdick joined by unanimous consent at the request of the Chair. Walker and Devlin. All present except Carter, absent; Shields, Winters, excused; Ringo, attending Wednesday, March 16, 2005 -- Morning Session legislative business. Pending arrival of members subject to the Call, Senate at ease. Further Senate convened at 11:00 a.m. President proceedings under the Call terminated by unanimous Courtney in Chair. The following members were consent at the request of Burdick. All present except present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, absent; Shields, Winters, excused; Ringo, Carter, Deckert, Devlin, Ferrioli, George, Gordly, attending legislative business. Senate reassembled. Johnson, Kruse, Metsger, Monnes Anderson, On passage of bill the vote was: Ayes, 18; nays, 8 – Morrisette, Morse, Nelson, Prozanski, Ringo, Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Schrader, Shields, Starr, B., Starr, C., Verger, Starr, C., Whitsett; absent, 1 – Carter; excused, 2 – Walker, Westlund, Whitsett; excused -- Winters. Shields, Winters; attending legislative business, 1 – Colors were posted and the Senate pledged allegiance Ringo. Bill passed. to the flag. (Ferrioli in Chair) Invocation by Pastor SB 219 -- Read third time. Carried by Leo Schlegel of Living Hope Fellowship, Aloha. Prozanski. On passage of bill the vote was: Ayes, 21; nays, 5 – Atkinson, Gordly, Kruse, Schrader, Starr, HB 2030, 2268, 2458 -- Message from the House B.; absent, 1 – Carter; excused, 2 – Shields, Winters; announcing passage. attending legislative business, 1 – Ringo. Bill passed. HCR 5 -- Message from the House announcing SB 248 -- Read third time. Carried by Burdick. the Speaker signed on March 15. Taken from today’s third reading calendar and placed on March 16 calendar by unanimous consent Committee Report Summary No. 32 listing the on motion of Burdick. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 373 A-Eng. -- Read third time. Carried by by order of the President. Prozanski. On passage of bill the vote was: Ayes, 26; nays, 1 – Atkinson; excused, 2 – Shields, Winters; SJM 4 -- Report by Committee on Environment attending legislative business, 1 – Ringo. Bill passed. and Land Use recommending adoption. SB 735 -- Read third time. Carried by SJM 6 -- Report by Committee on General Atkinson. On passage of bill the vote was: Ayes, 27; Government recommending adoption. excused, 2 – Shields, Winters; attending legislative business, 1 – Ringo. Bill passed. Deckert, absent SJR 12 -- Report by Committee on General when roll called, granted unanimous consent to vote Government recommending adoption. aye. SB 1 -- Report by Committee on Health Policy, SB 736 -- Read third time. Carried by signed by Monnes Anderson, Chair, recommending Atkinson. On passage of bill the vote was: Ayes, 27; passage. Minority Report, signed by Kruse, George, excused, 2 – Shields, Winters; attending legislative recommending passage with amendments. business, 1 – Ringo. Bill passed. SB 75 -- Report by Committee on SB 737 -- Read third time. Carried by Atkinson. Transportation recommending passage. Senate at ease. Senate reassembled. Taken from SB 102 -- Report by Committee on today's third reading calendar and placed on March Transportation recommending passage with 16 calendar by unanimous consent at the request of amendments. the Chair. SB 231 -- Report by Committee on Judiciary SB 859 -- Read third time. Carried by Verger. recommending passage with amendments. On passage of bill the vote was: Ayes, 25; nays, 2 – Beyer, Kruse; excused, 2 – Shields, Winters; SB 232 -- Report by Committee on Judiciary attending legislative business, 1 – Ringo. Bill passed. recommending passage. Referred to Committee on Ways and Means by prior reference. HB 2124, 2395, 2422, 2460, 2547, 2548, 2582 -- Read first time and referred to President’s desk. SB 233 -- Report by Committee on Judiciary recommending passage with amendments. HCR 4; HB 5068; 2087, 2095, 2155, 2204, 2206 -- Read second time and passed to third reading. SB 239 -- Report by Committee on Judiciary recommending passage.

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SB 328 -- Report by Committee on Business Starr, C., Whitsett; excused, 1 – Winters; attending and Economic Development recommending passage legislative business, 1 – Deckert. Bill passed. with amendments. HB 5068 -- Prozanski requested the following SB 448 -- Report by Committee on explanation of vote be entered into the journal: Transportation recommending passage with amendments. “I supported HB 5068 only after learning that the elderly rental assistance program had provided all of the SB 623 -- Report by Committee on Human revenue necessary to assist those who were eligible and Services recommending passage with amendments. who requested rental assistance during the biennium. HB 2083 -- Report by Committee on “I understand that the current balance of the elderly Environment and Land Use recommending passage. rental assistance program would revert back to the general fund on June 30, 2005. Since that money would not be used HB 2261 -- Report by Committee on Judiciary for its intended purpose, it was appropriate to shift some of recommending passage with amendments. that idle revenue to the other immediate needs of the state. SJM 4, 6; SJR 12; SB 75, 239, 272, 600, 691 -- “HB 5068 will shift money to the State Forestry Read second time and passed to third reading. Department for the purpose of purchasing catastrophic fire SCR 5 -- Read final time. Carried by Walker. suppression cost insurance for the 2005 fire season. Under Taken from today’s third reading calendar and placed the current weather conditions and circumstances, I believe on March 24 calendar by voice vote on motion of that it is imperative that we take this necessary step to Walker. assist the state in preparing to suppress fires during the 2005 fire season. Accordingly, I vote for HB 5068.” SB 13 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 29; HCR 4; HB 2087, 2095, 2155, 2204, 2206 -- excused, 1 – Winters. Bill passed. Carried over to March 17 calendar by unanimous consent at the request of the Chair. SB 85 -- Read third time. Carried by Kruse. On passage of bill the vote was: Ayes, 29; excused, 1 – Senate adjourned until 11:00 a.m. Thursday by Winters. Bill passed. unanimous consent at the request of the Chair.

SB 248 -- Bill read. Carried by Burdick. On Thursday, March 17, 2005 -- Morning Session passage of bill the vote was: Ayes, 24; nays, 5 – Atkinson, Beyer, George, Kruse, Starr, B.; excused, 1 – Winters. Bill passed. Senate convened at 11:00 a.m. President Courtney in Chair. The following members were SB 252 A-Eng. -- Read third time. Carried by present: Atkinson, Bates, Brown, Carter, Deckert, Prozanski. On passage of bill the vote was: Ayes, 29; Devlin, Ferrioli, Gordly, Johnson, Kruse, Metsger, excused, 1 – Winters. Bill passed. Monnes Anderson, Morse, Ringo, Schrader, Shields, Starr, B., Verger, Westlund; excused – George, SB 278 A-Eng. -- Read third time. Carried by Winters; attending legislative business – Beyer, Burdick. On passage of bill the vote was: Ayes, 29; Burdick, Morrisette, Nelson, Prozanski, Starr, C., excused, 1 – Winters. Bill passed. Walker, Whitsett. Colors were posted and the Senate SB 302 A-Eng. -- Read third time. Carried by pledged allegiance to the flag. Invocation by Ted Walker. On passage of bill the vote was: Ayes, 27; Kooser, United States Poet Laureate, Garland, nays, 2 – Monnes Anderson, Schrader; excused, 1 – Nebraska. In observance of St. Patrick’s Day, Winters. Bill passed. Bradford McKeown sang “When Irish Eyes are Smiling” accompanied by Loriann Schmidt of St. SB 737 -- Moved to head of calendar by Paul’s Episcopal Church, Salem. unanimous consent at the request of the Chair. HB 2178, 2549 -- Message from the House SB 737 -- Bill read. Carried by Atkinson. announcing passage. Rereferred to Committee on Environment and Land Use by voice vote on motion of Atkinson. HCR 7 -- Message from the House announcing adoption. SB 595, 692, 693 -- Carried over to March 17 calendar by unanimous consent at the request of the Committee Report Summary No. 33 listing the Chair. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2030, 2268, 2458 -- Read first time and by order of the President. referred to President’s desk. SCR 3 -- Report by Committee on Rules HB 2083 -- Read second time and passed to recommending adoption. third reading. SB 2 -- Report by Committee on General HB 5068 A-Eng. -- Moved to the head of the Government recommending passage with calendar by unanimous consent at the request the amendments. Referred to Committee on Ways and Chair. Means by prior reference. HB 5068 A-Eng. -- Read third time. Carried by SB 3 -- Report by Committee on General Carter. On passage of bill the vote was: Ayes, 21; Government recommending passage with nays, 7 – Atkinson, Burdick, George, Ringo, Starr, B., SENATE JOURNAL SJ-73

amendments. Referred to Committee on Ways and SJR 12 -- Read final time. Carried by Brown, Means by prior reference. Ferrioli. On adoption of resolution, the vote was: Ayes, 20; excused, 2 – George, Winters; attending SB 79 -- Report by Committee on General legislative business, 8 – Beyer, Burdick, Morrisette, Government recommending passage. Nelson, Prozanski, Starr, C., Walker, Whitsett. SB 404 -- Report by Committee on Human Resolution adopted. Services recommending passage with amendments. SB 691 A-Eng. -- Read third time. Carried by SB 547 -- Report by Committee on Judiciary Shields. On passage of bill the vote was: Ayes, 19; recommending passage with amendments. nays, 1 – Schrader; excused, 2 – George, Winters; attending legislative business, 8 – Beyer, Burdick, SB 837 -- Report by Committee on General Morrisette, Nelson, Prozanski, Starr, C., Walker, Government recommending passage with Whitsett. Bill passed. amendments. HCR 7; HB 2178, 2549 -- Read first time and SB 840 -- Report by Committee on Revenue referred to President’s desk. recommending passage with amendments. HB 2261 -- Read second time and passed to SB 847 -- Report by Committee on General third reading. Government recommending passage. Referred to Committee on Revenue by prior reference. HCR 4 A-Eng. -- Read final time. Carried by Verger. On adoption of resolution, the vote was: SB 848 -- Report by Committee on Ayes, 20; excused, 2 – George, Winters; attending Environment and Land Use recommending passage legislative business, 8 – Beyer, Burdick, Morrisette, with amendments. Nelson, Prozanski, Starr, C., Walker, Whitsett. SB 75 -- Taken from today’s third reading Resolution adopted. calendar and placed on March 21 calendar by voice HB 2087 -- Read third time. Carried by Starr, vote on motion of Verger. B. On passage of bill the vote was: Ayes, 20; excused, SJM 4; SB 239, 272 -- Taken from today’s third 2 – George, Winters; attending legislative business, 8 reading calendar and placed on March 21 calendar by – Beyer, Burdick, Morrisette, Nelson, Prozanski, voice vote on motion of Ringo. Starr, C., Walker, Whitsett. Bill passed. SB 600 -- Taken from today’s third reading HB 2155 -- Read third time. Carried by calendar and placed on March 21 calendar by voice Shields. On passage of bill the vote was: Ayes, 20; vote on motion of Brown. excused, 2 – George, Winters; attending legislative business, 8 – Beyer, Burdick, Morrisette, Nelson, HB 2095 -- Taken from today’s third reading Prozanski, Starr, C., Walker, Whitsett. Bill passed. calendar and placed on March 21 calendar by voice vote on motion of Carter. HB 2204 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 19; SCR 3; SB 1, 79, 102, 231, 233, 328, 448, 623 -- nays, 1 – Atkinson; excused, 2 – George, Winters; Read second time and passed to third reading. attending legislative business, 8 – Beyer, Burdick, Morrisette, Nelson, Prozanski, Starr, C., Walker, SB 595 A-Eng. -- Read third time. Carried by Whitsett. Bill passed. Johnson. On passage of bill the vote was: Ayes, 20; excused, 2 – George, Winters; attending legislative HB 2206 -- Read third time. Carried by business, 8 – Beyer, Burdick, Morrisette, Nelson, Shields. On passage of bill the vote was: Ayes, 16; Prozanski, Starr, C., Walker, Whitsett. Bill passed. nays, 4 – Atkinson, Kruse, Schrader, Verger; excused, 2 – George, Winters; attending legislative business, 8 SB 692 -- Read third time. Carried by Starr, B. – Beyer, Burdick, Morrisette, Nelson, Prozanski, On passage of bill the vote was: Ayes, 19; nays, 1 – Starr, C., Walker, Whitsett. Bill passed. Schrader; excused, 2 – George, Winters; attending legislative business, 8 – Beyer, Burdick, Morrisette, HB 2083 -- Read third time. Carried by Nelson, Prozanski, Starr, C., Walker, Whitsett. Bill Atkinson. On passage of bill the vote was: Ayes, 19; passed. nays, 1 – Kruse; excused, 2 – George, Winters; attending legislative business, 8 – Beyer, Burdick, SB 693 -- Read third time. Carried by Shields. Morrisette, Nelson, Prozanski, Starr, C., Walker, On passage of bill the vote was: Ayes, 19; nays, 1 – Whitsett. Bill passed. Schrader; excused, 2 – George, Winters; attending legislative business, 8 – Beyer, Burdick, Morrisette, Senate adjourned until 10:30 a.m. Monday by Nelson, Prozanski, Starr, C., Walker, Whitsett. Bill unanimous consent at the request of the Chair. passed. SJM 6 -- Read final time. Carried by Brown, Monday, March 21, 2005 -- Morning Session Ferrioli. On adoption of memorial, the vote was: Ayes, 20; excused, 2 – George, Winters; attending Senate convened at 10:30 a.m. President legislative business, 8 – Beyer, Burdick, Morrisette, Courtney in Chair. The following members were Nelson, Prozanski, Starr, C., Walker, Whitsett. present: Atkinson, Bates, Beyer, Brown, Burdick, Memorial adopted. Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson,

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Morrisette, Morse, Nelson, Prozanski, Schrader, Prozanski, Schrader, Shields, Verger, Walker, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, President Courtney; excused, 1 – Winters; Westlund, Whitsett; excused -- Winters; attending attending legislative business, 1 – Ringo. Motion legislative business -- Ringo. Colors were posted and failed. the Senate pledged allegiance to the flag. Invocation by Pastor Jerry Hay of Dayspring Fellowship, Keizer. SB 1 -- Bill, as amended by committee report, Special performance by Chelsea Hymes performing read third time. Carried by Monnes Anderson. excerpts from Shakespeare's Two Gentlemen of SB 1 -- Ferrioli moved to refer to Committee on Verona and Sonnet 61, Sherwood. Ways and Means. Call of the Senate demanded by HB 2111, 2145, 2170, 2317 -- Message from the Ferrioli joined by Brown and Nelson. All present House announcing passage. except Winters, excused; Ringo, attending legislative business. The vote was: Ayes, 9; nays, 19 – Bates, HJR 8 -- Message from the House announcing Brown, Burdick, Carter, Deckert, Devlin, Gordly, adoption. Johnson, Metsger, Monnes Anderson, Morrisette, Morse, Prozanski, Schrader, Shields, Verger, Walker, SCR 1; SB 341 -- Message from the House Westlund, President Courtney; excused, 1 – Winters; announcing the Speaker signed on March 18. attending legislative business, 1 – Ringo. Motion Committee Report Summary No. 34 listing the failed. (Carter in Chair) following reports was distributed to members today. SB 1 -- Debate resumed on third reading. Call Summary list recorded in Journal and Status Report of the Senate demanded by Monnes Anderson joined by order of the President. by Brown and Devlin. All present except Winters, SCR 7 -- Report by Committee on Health Policy excused. On passage of bill the vote was: Ayes, 23; recommending adoption. nays, 6 – Beyer, Ferrioli, George, Kruse, Nelson, Starr, C.; excused, 1 – Winters. Bill passed. SCR 8 -- Report by Committee on Rules (Courtney in Chair) recommending adoption with amendments. SCR 3; SJM 4; SB 75, 79, 102, 231, 233, 239, 272, SB 153 -- Report by Committee on 328, 448, 600, 623 -- Carried over to March 22 Transportation recommending passage with calendar by unanimous consent at the request of the amendments. Chair. SB 230 -- Report by Committee on Judiciary SB 1014, 1015, 1016, 1017 -- Introduced, read recommending passage with amendments. first time and referred to President’s desk. SB 238 -- Report by Committee on Judiciary SCR 7; SB 404, 410, 547, 837, 840, 848 -- Read recommending passage with amendments. second time and passed to third reading. SB 298 -- Report by Committee on Health HJR 8; HB 2111, 2145, 2170, 2317 -- Read first Policy recommending passage with amendments. time and referred to President’s desk. SB 410 -- Report by Committee on Environment HB 2095, 2261 -- Carried over to March 22 and Land Use recommending passage and requesting calendar by unanimous consent at the request of the subsequent referral to Committee on Ways and Chair. Means be rescinded. Subsequent referral to Committee on Ways and Means rescinded by order of The following measures were referred to the President. committee on March 18 and recorded on Committee Referral List No. 28 which was distributed to SB 480 -- Report by Committee on Revenue members. Referral list recorded in the Journal and recommending passage with amendments. Status Report by order of the President. SB 697 -- Report by Committee on Health SB 1013 Education and Workforce Policy recommending passage with amendments. HCR 7 Judiciary SB 718 -- Report by Committee on Revenue HB 2030 General Government recommending passage with amendments. HB 2124 Commerce HB 2178 Environment and Land Use SB 921 -- Report by Committee on Judiciary recommending passage with amendments. HB 2268 Judiciary HB 2395 General Government SB 1 -- Committee report and minority report HB 2422 Transportation read. Monnes Anderson moved that the Senate adopt HB 2458 Environment and Land Use the committee report. Kruse moved that the minority HB 2460 Business and Economic Development report be substituted for the committee report. Call of HB 2547 Judiciary the Senate demanded by Brown joined by Devlin and Verger. All present except Winters, excused; Ringo, HB 2548 Judiciary attending legislative business. HB 2549 Environment and Land Use HB 2582 Environment and Land Use SB 1 -- Motion to substitute minority report HB 2595 Environment and Land Use failed. The vote was: Ayes, 10; nays, 18 – Bates, Brown, Burdick, Carter, Deckert, Devlin, Gordly, SCR 1; SB 341 -- President Courtney signed on Johnson, Metsger, Monnes Anderson, Morrisette, March 18. SENATE JOURNAL SJ-75

Senate adjourned until 10:30 a.m. Tuesday by SB 38 -- Report by Committee on Education and unanimous consent at the request of the Chair. Workforce recommending passage with amendments. Referred to Committee on Ways and Means by prior Tuesday, March 22, 2005 -- Morning Session reference. SB 48 -- Report by Committee on Education and Senate convened at 10:30 a.m. Monnes Anderson Workforce recommending passage. in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, SB 52 -- Report by Committee on Education President Courtney, Deckert, Devlin, Ferrioli, Gordly, and Workforce recommending passage with Johnson, Kruse, Metsger, Morrisette, Morse, Nelson, amendments. Prozanski, Ringo, Schrader, Starr, B., Starr, C., SB 67 -- Report by Committee on General Verger, Walker, Westlund; excused -- George, Government recommending passage with Shields, Whitsett, Winters. Colors were posted and amendments. the Senate pledged allegiance to the flag. Invocation by Professor Marty Trammel, Chair of the SB 152 -- Report by Committee on Humanities Department, Western Baptist College, Transportation recommending passage. Referred to Salem. Committee on Ways and Means by prior reference. The following messages from the Governor were SB 276 -- Report by Committee on Judiciary read and referred to the President's desk: recommending passage. March 21, 2005 SB 277 -- Report by Committee on Judiciary TO THE HONORABLE PRESIDENT OF THE SENATE recommending passage. OF THE 73rd LEGISLATIVE ASSEMBLY SB 285 -- Report by Committee on Human ORS 137.654 provides that the Governor shall appoint the Services recommending passage. members of the Oregon Criminal Justice Commission, SB 364 -- Report by Committee on Education subject to Senate confirmation, in the manner provided by and Workforce recommending passage with ORS 171.562 and ORS 171.565. amendments. Referred to Committee on Ways and I appoint Joshua Marquis of Astoria to the Oregon Criminal Means by prior reference. Justice Commission for an unexpired four-year term, as provided by statute, beginning April 20, 2005 and ending on SB 418 -- Report by Committee on Human April 19, 2009, effective upon Senate confirmation. Services recommending passage. Referred to Committee on Revenue by prior reference. This appointment is submitted for your consideration. SB 577 -- Report by Committee on General Sincerely, Ted Kulongoski Government recommending passage with Governor amendments. SB 856 -- Report by Committee on General March 21, 2005 Government recommending passage. TO THE HONORABLE PRESIDENT OF THE SENATE SCR 8; SB 32, 48, 153, 230, 238, 276, 277, 285, OF THE 73rd LEGISLATIVE ASSEMBLY 298, 480, 697, 718, 856, 921 -- Read second time and passed to third reading. ORS 137.654 provides that the Governor shall appoint the members of the Oregon Criminal Justice Commission, SCR 3 -- Read final time. Carried by Atkinson. subject to Senate confirmation, in the manner provided by On adoption of resolution, the vote was: Ayes, 24; ORS 171.562 and ORS 171.565. nays, 2 – Johnson, Verger; excused, 4 – George, I appoint Eva Temple of Pendleton to the Oregon Criminal Shields, Whitsett, Winters. Resolution adopted. Justice Commission for a four-year term, as provided by statute, beginning April 20, 2005 and ending on April 19, SJM 4 -- Read final time. Carried by Ringo. On 2009, effective upon Senate confirmation. adoption of memorial, the vote was: Ayes, 26; excused, 4 – George, Shields, Whitsett, Winters. Memorial This appointment is submitted for your consideration. adopted. Sincerely, SB 75 -- Read third time. Carried by Prozanski. Ted Kulongoski On passage of bill the vote was: Ayes, 26; excused, 4 – Governor George, Shields, Whitsett, Winters. Bill passed. HB 2025, 2405 -- Message from the House announcing passage. SB 79 -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 26; excused, 4 – Committee Report Summary No. 35 listing the George, Shields, Whitsett, Winters. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 102 A-Eng. -- Read third time. Carried by by order of the President. Verger. On passage of bill the vote was: Ayes, 25; excused, 4 – George, Shields, Whitsett, Winters; SB 32 -- Report by Committee on Revenue attending legislative business, 1 – Ferrioli. Bill recommending passage. passed.

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SB 231 A-Eng. -- Read third time. Carried by attending legislative business, 1 – Westlund. Bill Walker. On passage of bill the vote was: Ayes, 24; passed. excused, 4 – George, Shields, Whitsett, Winters; attending legislative business, 2 – Bates, Ferrioli. SB 837 A-Eng. -- Read third time. Carried by Bill passed. Brown. On passage of bill the vote was: Ayes, 24; nays, 1 – Schrader; excused, 4 – George, Shields, SB 233 A-Eng. -- Read third time. Carried by Whitsett, Winters; attending legislative business, 1 – Walker. On passage of bill the vote was: Ayes, 24; Westlund. Bill passed. excused, 4 – George, Shields, Whitsett, Winters; attending legislative business, 2 – Bates, Ferrioli. SB 840 A-Eng. -- Read third time. Carried by Bill passed. Starr, C. On passage of bill the vote was: Ayes, 25; excused, 4 – George, Shields, Whitsett, Winters; SB 239 -- Read third time. Carried by Walker. attending legislative business, 1 – Westlund. Bill Call of the Senate demanded by Brown joined by passed. Burdick and Devlin. All present except George, Shields, Whitsett, Winters, excused; Bates, Ferrioli, SB 848 A-Eng. -- Read third time. Carried by attending legislative business. Pending arrival of Ringo. On passage of bill the vote was: Ayes, 25; members subject to the Call, Senate at ease. All excused, 4 – George, Shields, Whitsett, Winters; present except George, Shields, Whitsett, Winters, attending legislative business, 1 – Westlund. Bill excused. Senate reassembled. On passage of bill the passed. vote was: Ayes, 22; nays, 4 – Atkinson, Beyer, HB 2025, 2405 -- Read first time and referred to Ferrioli, Kruse; excused, 4 – George, Shields, President’s desk. Whitsett, Winters. Bill passed. HB 2095 -- Read third time. Carried by Brown. SB 272 A-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 21; nays, 4 – Burdick. On passage of bill the vote was: Ayes, 23; Gordly, Metsger, Schrader, Verger; excused, 4 – nays, 1 – Schrader; excused, 4 – George, Shields, George, Shields, Whitsett, Winters; attending Whitsett, Winters; attending legislative business, 2 – legislative business, 1 – Westlund. Bill passed. Bates, Starr, B. Bill passed. HB 2261 A-Eng. -- Read third time. Carried by SB 328 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 23; Morse. On passage of bill the vote was: Ayes, 26; nays, 2 – Atkinson, Schrader; excused, 4 – George, excused, 4 – George, Shields, Whitsett, Winters. Bill Shields, Whitsett, Winters; attending legislative passed. business, 1 – Westlund. Bill passed. SB 448 A-Eng. -- Read third time. Carried by Senate adjourned until 10:30 a.m. Wednesday by Starr, B. On passage of bill the vote was: Ayes, 25; unanimous consent at the request of the Chair. nays, 1 – Schrader; excused, 4 – George, Shields, Whitsett, Winters. Bill passed. Wednesday, March 23, 2005 -- Morning Session SB 600 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 25; Senate convened at 10:30 a.m. President nays, 1 – Schrader; excused, 4 – George, Shields, Courtney in Chair. The following members were Whitsett, Winters. Bill passed. (President Courtney present: Atkinson, Bates, Beyer, Brown, Burdick, in Chair) Carter, Deckert, Devlin, Ferrioli, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, SB 623 A-Eng. -- Read third time. Carried by Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Morrisette. On passage of bill the vote was: Ayes, 26; Starr, B., Starr, C., Verger, Walker, Westlund; excused, 4 – George, Shields, Whitsett, Winters. Bill excused -- George, Whitsett, Winters. (Metsger in passed. Chair) Colors were posted and the Senate pledged SCR 7 -- Read final time. Carried by Monnes allegiance to the flag. Invocation by Pastor C. T. Wells Anderson. On adoption of resolution, the vote was: of Emmanuel Temple Church, Portland. Ayes, 25; nays, 1 – Schrader; excused, 4 – George, HB 2115, 2160, 2356, 2590, 2632, 2674, 2738 -- Shields, Whitsett, Winters. Resolution adopted. Message from the House announcing passage. (Monnes Anderson in Chair) SB 59, 60, 80, 124, 222; HCR 4; HB 5068; 2055, SB 404 A-Eng. -- Read third time. Carried by 2067, 2083, 2087, 2155, 2204, 2206 -- Message from Kruse. On passage of bill the vote was: Ayes, 25; the House announcing the Speaker signed on March excused, 4 – George, Shields, Whitsett, Winters; 22. attending legislative business, 1 – Westlund. Bill passed. Committee Report Summary No. 36 listing the following reports was distributed to members today. SB 410 -- Read third time. Carried by Summary list recorded in Journal and Status Report Atkinson. On passage of bill the vote was: Ayes, 25; by order of the President. excused, 4 – George, Shields, Whitsett, Winters; attending legislative business, 1 – Westlund. Bill SB 365 -- Report by Committee on Business and passed. Economic Development recommending passage. Referred to Committee on Revenue by prior reference. SB 547 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 25; excused, 4 – George, Shields, Whitsett, Winters; SENATE JOURNAL SJ-77

SB 479 -- Report by Committee on Business and SB 285 -- Read third time. Carried by Kruse. Economic Development recommending passage. On passage of bill the vote was: Ayes, 25; nays, 1 – Referred to Committee on Revenue by prior reference. Schrader; excused, 3 – George, Whitsett, Winters; attending legislative business, 1 – Shields. Bill SB 510 -- Report by Committee on Health passed. Policy recommending passage with amendments. SB 480 A-Eng. -- Read third time. Carried by SB 512 -- Report by Committee on Human Deckert. On passage of bill the vote was: Ayes, 23; Services recommending passage with amendments. nays, 3 – Beyer, Ferrioli, Kruse; excused, 3 – George, SB 617 -- Report by Committee on Health Whitsett, Winters; attending legislative business, 1 – Policy recommending passage. Shields. Bill passed. SB 768 -- Report by Committee on Education SB 697 A-Eng. -- Read third time. Carried by and Workforce recommending passage. Referred to Morrisette. On passage of bill the vote was: Ayes, 26; Committee on Ways and Means by order of the excused, 3 – George, Whitsett, Winters; attending President. legislative business, 1 – Shields. Bill passed. SB 866 -- Report by Committee on Business and SB 718 A-Eng. -- Read third time. Carried by Economic Development recommending passage. Walker. On passage of bill the vote was: Ayes, 26; Referred to Committee on Revenue by prior reference. excused, 3 – George, Whitsett, Winters; attending legislative business, 1 – Shields. Bill passed. SB 896 -- Report by Committee on Business and Economic Development recommending passage. SB 756 -- Minority report, signed by Kruse and Referred to Committee on Revenue by prior reference. Starr, C. recommending passage with amendments, withdrawn. SCR 8 -- Taken from today’s third reading calendar and placed on April 7 calendar by voice vote SB 756 -- Read third time. Carried by Brown. on motion of Atkinson. Call of the Senate demanded by Brown joined by Gordly and Johnson. All present except George, SB 298 -- Taken from today’s third reading Whitsett, Winters, excused; Shields, attending calendar and rereferred to Committee on Health legislative business. Pending arrival of members Policy by voice vote on motion of Monnes Anderson. subject to the Call, Senate at ease. All present except SB 1018 -- Introduced, read first time and George, Whitsett, Winters, excused. Senate referred to President’s desk. reassembled. On passage of bill the vote was: Ayes, 20; nays, 7 – Atkinson, Beyer, Ferrioli, Kruse, Nelson, SB 52, 67, 577, 617 -- Read second time and Starr, B., Starr, C.; excused, 3 – George, Whitsett, passed to third reading. Winters. Bill passed. SB 32 -- Read third time. Carried by Starr, C. SB 856, 921 -- Carried over to March 24 On passage of bill the vote was: Ayes, 27; excused, 3 – calendar by unanimous consent at the request of the George, Whitsett, Winters. Bill passed. (President Chair. Courtney in Chair) HB 2115, 2160, 2356, 2590, 2632, 2674, 2738 -- SB 48 -- Read third time. Carried by Starr, C. Read first time and referred to President’s desk. On passage of bill the vote was: Ayes, 27; excused, 3 – George, Whitsett, Winters. Bill passed. Senate adjourned until 10:30 a.m. Thursday by unanimous consent at the request of the Chair. SB 153 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 25; Thursday, March 24, 2005 -- Morning Session nays, 2 – Atkinson, Walker; excused, 3 – George, Whitsett, Winters. Bill passed. Senate convened at 10:30 a.m. Kruse in Chair. SB 230 -- Read third time. Carried by The following members were present: Atkinson, Prozanski. Taken from today’s third reading calendar Bates, Beyer, Brown, Burdick, President Courtney, and placed on March 24 calendar by voice vote on Deckert, Devlin, Ferrioli, George, Gordly, Johnson, motion of Prozanski. (Metsger in Chair) Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, SB 238 A-Eng. -- Read third time. Carried by B., Starr, C., Verger, Walker, Westlund, Whitsett; Burdick. On passage of bill the vote was: Ayes, 25; excused -- Winters; attending legislative business -- nays, 2 – Schrader, Westlund; excused, 3 – George, Carter. Colors were posted and the Senate pledged Whitsett, Winters. Bill passed. allegiance to the flag. Invocation by Pastor John Wild SB 276 -- Read third time. Carried by of Sherwood Bible Fellowship, Sherwood. Musical Prozanski. On passage of bill the vote was: Ayes, 26; performance by Amy Wu from the Corvallis Youth nays, 1 – Schrader; excused, 3 – George, Whitsett, Symphony, Corvallis. Winters. Bill passed. SB 223; HB 2192, 2195, 2415, 2452, 2469, 2633 -- SB 277 -- Read third time. Carried by Message from the House announcing passage. Prozanski. On passage of bill the vote was: Ayes, 25; Committee Report Summary No. 37 listing the nays, 1 – Schrader; excused, 3 – George, Whitsett, following reports was distributed to members today. Winters; attending legislative business, 1 – Shields. Bill passed.

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Summary list recorded in Journal and Status Report SB 617 -- Read third time. Carried by by order of the President. Courtney. On passage of bill the vote was: Ayes, 29; excused, 1 – Winters. Bill passed. SR 1 -- Report by Committee on Rules recommending adoption. HB 2192, 2195, 2415, 2452, 2469, 2633 -- Read first time and referred to President’s desk. SB 82 -- Report by Committee on Environment and Land Use recommending passage with HB 2196 -- Read second time and passed to amendments. Referred to Committee on Ways and third reading. Means by prior reference. HCR 4; HB 5068; 2055, 2067, 2083, 2087, 2155, SB 184 -- Report by Committee on Environment 2204, 2206 -- President Courtney signed on March and Land Use recommending passage. 24. SB 359 -- Report by Committee on General Senate adjourned until 10:30 a.m. Monday by Government recommending passage with unanimous consent at the request of the Chair. amendments. Referred to Committee on Ways and Means by prior reference. Monday, March 28, 2005 -- Morning Session HB 2196 -- Report by Committee on Environment and Land Use recommending passage of Senate convened at 10:30 a.m. Prozanski in the A-Engrossed bill. Chair. The following members were present: Bates, Beyer, Brown, Burdick, Carter, President Courtney, SCR 5 -- Taken from today’s third reading Deckert, Devlin, Ferrioli, George, Gordly, Kruse, calendar and placed on March 30 calendar by voice Metsger, Monnes Anderson, Morrisette, Morse, vote on motion of Devlin. Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., SR 1; SB 184, 510, 512 -- Read second time and Verger, Walker, Whitsett; excused -- Atkinson, passed to third reading. Winters; attending legislative business -- Johnson, Westlund. Colors were posted and the Senate pledged SB 856 -- Read third time. Carried by Brown. allegiance to the flag. Invocation by Dylan Gilder, On passage of bill the vote was: Ayes, 25; nays, 2 – Eugene. Musical Performance by students of Liberty Beyer, Schrader; excused, 2 – Monnes Anderson, Elementary School singing “Oregon, My Oregon,” Winters; attending legislative business, 1 – Carter. Salem. Bill passed. The following messages from the Governor were SB 921 A-Eng. -- Read third time. Carried by read and referred to the President's desk: Walker. On passage of bill the vote was: Ayes, 27; March 24, 2005 excused, 2 – Monnes Anderson, Winters; attending legislative business, 1 – Carter. Bill passed. TO THE HONORABLE PRESIDENT OF THE SENATE SB 52 A-Eng. -- Read third time. Carried by OF THE 73rd LEGISLATIVE ASSEMBLY Starr, C. On passage of bill the vote was: Ayes, 25; ORS 196.438 provides that the Governor shall appoint the nays, 2 – Beyer, Nelson; excused, 2 – Monnes members of the Ocean Policy Advisory Council, subject to Anderson, Winters; attending legislative business, 1 – Senate confirmation, in the manner provided by ORS Carter. Bill passed. 171.562 and ORS 171.565. SB 67 A-Eng. -- Read third time. Carried by I appoint Jim Bergeron of Astoria to the Ocean Policy Advisory Council for a partial four-year term, as provided George. On passage of bill the vote was: Ayes, 25; by statute, beginning April 4, 2005 and ending on June 30, nays, 2 – Beyer, Kruse; excused, 2 – Monnes 2008, effective upon Senate confirmation. Anderson, Winters; attending legislative business, 1 – Carter. Bill passed. This appointment is submitted for your consideration. SB 230 A-Eng. -- Bill read. Carried by Sincerely, Prozanski. Call of the Senate demanded by Ted Kulongoski Governor Prozanski joined by Brown and Burdick. All present except Winters, Monnes Anderson, excused; Carter, attending legislative business. Pending arrival of March 24, 2005 members subject to the Call, Senate at ease. All TO THE HONORABLE PRESIDENT OF THE SENATE present except Winters, excused. Senate reassembled. OF THE 73rd LEGISLATIVE ASSEMBLY SB 230 A-Eng. -- On passage of bill the vote ORS 196.438 provides that the Governor shall appoint the was: Ayes, 18; nays, 11 – Atkinson, Beyer, Ferrioli, members of the Ocean Policy Advisory Council, subject to George, Kruse, Monnes Anderson, Morse, Nelson, Senate confirmation, in the manner provided by ORS Starr, B., Starr, C., Whitsett; excused, 1 – Winters. 171.562 and ORS 171.565. Bill passed. I appoint Paul Engelmeyer of Yachats to the Ocean Policy SB 577 A-Eng. -- Read third time. Carried by Advisory Council for a partial four-year term, as provided Starr, B. On passage of bill the vote was: Ayes, 28; by statute, beginning April 4, 2005 and ending on June 30, nays, 1 – Atkinson; excused, 1 – Winters. Bill passed. 2008, effective upon Senate confirmation. This appointment is submitted for your consideration. Sincerely, SENATE JOURNAL SJ-79

Ted Kulongoski Governor I appoint Scott McMullen of Astoria to the Ocean Policy Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, March 24, 2005 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 196.438 provides that the Governor shall appoint the Ted Kulongoski members of the Ocean Policy Advisory Council, subject to Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 24, 2005 I appoint Robin Hartmann of Roseburg to the Ocean Policy TO THE HONORABLE PRESIDENT OF THE SENATE Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, OF THE 73rd LEGISLATIVE ASSEMBLY 2008, effective upon Senate confirmation. ORS 196.438 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Ocean Policy Advisory Council, subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint Bradley Pettinger of Brookings to the Ocean Policy Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on March 24, 2005 June 30, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 196.438 provides that the Governor shall appoint the Ted Kulongoski members of the Ocean Policy Advisory Council, subject to Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 24, 2005 I appoint David Hatch of Portland to the Ocean Policy TO THE HONORABLE PRESIDENT OF THE SENATE Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, OF THE 73rd LEGISLATIVE ASSEMBLY 2008, effective upon Senate confirmation. ORS 196.438 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Ocean Policy Advisory Council, subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint James Pex of North Bend to the Ocean Policy Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, March 24, 2005 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 196.438 provides that the Governor shall appoint the Ted Kulongoski members of the Ocean Policy Advisory Council, subject to Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 24, 2005 I appoint Onno Husing of Newport to the Ocean Policy TO THE HONORABLE PRESIDENT OF THE SENATE Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, OF THE 73rd LEGISLATIVE ASSEMBLY 2008, effective upon Senate confirmation. ORS 196.438 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Ocean Policy Advisory Council, subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint Fred Sickler of Lincoln City to the Ocean Policy Advisory Council for a partial four-year term, as provided by statute, beginning April 4, 2005 and ending on June 30, March 24, 2005 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 196.438 provides that the Governor shall appoint the Ted Kulongoski members of the Ocean Policy Advisory Council, subject to Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 24, 2005 TO THE HONORABLE PRESIDENT OF THE SENATE

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OF THE 73rd LEGISLATIVE ASSEMBLY legislative business, 2 – Johnson, Westlund. Bill passed. ORS 196.438 provides that the Governor shall appoint the members of the Ocean Policy Advisory Council, subject to SB 510 A-Eng. -- Read third time. Carried by Senate confirmation, in the manner provided by ORS Bates. On passage of bill the vote was: Ayes, 24; 171.562 and ORS 171.565. nays, 1 – George; absent, 1 – Ringo; excused, 2 – I appoint Frank Warrens of Portland to the Ocean Policy Atkinson, Winters; attending legislative business, 2 – Advisory Council for a partial four-year term, as provided Johnson, Westlund. Bill passed. by statute, beginning April 4, 2005 and ending on June 30, 2008, effective upon Senate confirmation. SB 512 A-Eng. -- Read third time. Carried by Kruse. On passage of bill the vote was: Ayes, 25; This appointment is submitted for your consideration. absent, 1 – Ringo; excused, 2 – Atkinson, Winters; Sincerely, attending legislative business, 2 – Johnson, Ted Kulongoski Westlund. Bill passed. Governor HB 2033, 2034, 2091, 2722 -- Read first time SB 341 -- Message from the Governor and referred to President’s desk. announcing he signed on March 24. HB 2196 A-Eng. -- Read third time. Carried by HB 2033, 2034, 2091, 2722 -- Message from the Beyer. On passage of bill the vote was: Ayes, 24; House announcing passage. nays, 1 – Schrader; absent, 1 – Ringo; excused, 2 – Atkinson, Winters; attending legislative business, 2 – HB 2261 -- Message from the House Johnson, Westlund. Bill passed. announcing concurrence in Senate amendments and repassage. The following measures were referred to committee on March 24 and recorded on Committee Committee Report Summary No. 38 listing the Referral List No. 29 which was distributed to following reports was distributed to members today. members. Referral list recorded in the Journal and Summary list recorded in Journal and Status Report Status Report by order of the President. by order of the President. SB 1014 Environment and Land Use; Ways and Means SCR 4 -- Report by Committee on Education and SB 1015 Rules Workforce recommending adoption with amendments. SB 1016 Health Policy; Ways and Means SB 6 -- Report by Committee on Education and SB 1017 Business and Economic Development Workforce recommending passage. SB 1018 Rules SB 63 -- Report by Committee on Judiciary HJR 8 Business and Economic Development recommending passage with amendments. HB 2111 Environment and Land Use HB 2115 Transportation SB 64 -- Report by Committee on Environment HB 2145 Judiciary and Land Use recommending passage with HB 2160 Business and Economic Development amendments. HB 2170 Environment and Land Use SB 115 -- Report by Committee on Judiciary HB 2192 General Government recommending passage. HB 2195 Business and Economic Development SB 177 -- Report by Committee on Environment HB 2317 Judiciary and Land Use recommending passage with HB 2356 Environment and Land Use amendments. HB 2405 Commerce HB 2415 Judiciary SB 330 -- Report by Committee on Judiciary HB 2452 Revenue recommending passage with amendments. HB 2469 Revenue SB 421 -- Report by Committee on Business and HB 2590 Business and Economic Development Economic Development recommending passage with HB 2632 Judiciary amendments and requesting referral to Committee on HB 2633 Judiciary Ways and Means. Referred to Committee on Ways HB 2674 General Government and Means by order of the President. HB 2738 Transportation SB 645 -- Report by Committee on Judiciary recommending passage with amendments. Oregon Criminal Justice Commission (ORS 137.654) SB 6, 115 -- Read second time and passed to Joshua Marquis Rules third reading. Eva Temple Rules SR 1 -- Read final time. Carried by Brown and Senate adjourned until 10:30 a.m. Tuesday by Ferrioli. Taken from today’s third reading calendar unanimous consent at the request of the Chair. and placed on March 31 calendar by unanimous consent on motion of Brown. Tuesday, March 29, 2005 -- Morning Session SB 184 -- Read third time. Carried by Shields. Senate convened at 10:30 a.m. Gordly in Chair. On passage of bill the vote was: Ayes, 25; absent, 1 – The following members were present: Bates, Beyer, Ringo; excused, 2 – Atkinson, Winters; attending Brown, Burdick, Carter, President Courtney, Deckert, SENATE JOURNAL SJ-81

Ferrioli, George, Johnson, Kruse, Metsger, Monnes SB 983 -- Report by Committee on Business and Anderson, Morrisette, Morse, Prozanski, Ringo, Economic Development recommending passage. Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund; excused -- Atkinson, Winters; SB 1019, 1020, 1021, 1022, 1023, 1024, 1025 -- attending legislative business -- Devlin, Nelson, Introduced, read first time and referred to President’s Whitsett. Colors were posted and the Senate pledged desk. allegiance to the flag. Invocation by Reverend Millie SCR 4; SB 63, 64, 177, 330, 398, 645, 983 -- Salt, volunteer Chaplain for the Oregon Department Read second time and passed to third reading. of Corrections, Salem. Musical performance by Calvin Shadley of Salt of the Earth Ministries. SB 6 -- Read third time. Carried by Courtney. On passage of bill the vote was: Ayes, 23; nays, 2 – HJM 6, 8, 10 -- Message from the House Ferrioli, George; excused, 2 – Atkinson, Winters; announcing adoption. attending legislative business, 3 – Devlin, Nelson, HB 2222, 2230, 2474, 2599, 2666, 2723, 2724, Whitsett. Bill passed. 3097 -- Message from the House announcing Senate at ease. Senate reassembled. passage. SB 115 -- Read third time. Carried by Starr, C. Committee Report Summary No. 39 listing the On passage of bill the vote was: Ayes, 25; excused, 2 – following reports was distributed to members today. Atkinson, Winters; attending legislative business, 3 – Summary list recorded in Journal and Status Report Devlin, Nelson, Whitsett. Bill passed. by order of the President. HJM 6, 8, 10; HB 2222, 2230, 2474, 2599, 2666, SB 76 -- Report by Committee on 2723, 2724, 3097 -- Read first time and referred to Transportation recommending passage with President’s desk. amendments. SB 223 -- President Courtney signed on March SB 90 -- Report by Committee on General 29. Government recommending passage with amendments and referred to Committee on Ways and Senate adjourned until 10:30 a.m. Wednesday by Means by prior. Subsequent referral to Committee on unanimous consent at the request of the Chair. Ways and Means rescinded by order of the President. Wednesday, March 30, 2005 -- Morning Session SB 331 -- Report by Committee on Judiciary recommending passage with amendments. Senate convened at 10:30 a.m. Monnes Anderson SB 398 -- Report by Committee on Business and in Chair. The following members were present: Economic Development recommending passage. Atkinson, Bates, Beyer, Brown, Burdick, Carter, President Courtney, Deckert, Devlin, Ferrioli, George, SB 405 -- Report by Committee on General Gordly, Johnson, Kruse, Metsger, Morrisette, Morse, Government recommending passage with Nelson, Prozanski, Ringo, Schrader, Shields, Starr, amendments. B., Starr, C., Verger, Walker, Westlund, Whitsett; SB 493 -- Report by Committee on Judiciary excused -- Winters. (Beyer in Chair) Colors were recommending passage with amendments. posted and the Senate pledged allegiance to the flag. Invocation by Reverend Orlie Trier, Pastor at St. SB 515 -- Report by Committee on Education Michael’s Lutheran Church and Campus Pastor at and Workforce recommending passage with Concordia University, Portland. Musical Performance amendments. by the Christi Crux Vocal Ensemble of Concordia SB 585 -- Report by Committee on Business University directed by Kurt Berentsen, Portland. and Economic Development recommending passage SB 59, 60, 80, 124, 222 -- Message from the with amendments. Governor announcing he signed on March 29. SB 599 -- Report by Committee on Judiciary HB 2176, 2522, 2667 -- Message from the House recommending passage with amendments. announcing passage. SB 674 -- Report by Committee on Education HJR 3 -- Message from the House announcing and Workforce recommending passage. Referred to adoption. Committee on Ways and Means by prior reference. Committee Report Summary No. 40 listing the SB 749 -- Report by Committee on Education following reports was distributed to members today. and Workforce recommending passage with Summary list recorded in Journal and Status Report amendments. Referred to Committee on Ways and by order of the President. Means by prior reference. SJM 2 -- Report by Committee on Business and SB 755 -- Report by Committee on Education Economic Development recommending adoption. and Workforce recommending passage with amendments. SB 25 -- Report by Committee on Revenue recommending passage with amendments. SB 938 -- Report by Committee on Judiciary recommending passage with amendments. SB 36 -- Report by Committee on Judiciary recommending passage with amendments.

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SB 323 -- Report by Committee on Business and SB 983 -- Read third time. Carried by Walker. Economic Development recommending passage. On passage of bill the vote was: Ayes, 29; excused, 1 – Winters. Bill passed. SB 403 -- Report by Committee on Human Services recommending passage with amendments. HJR 3; HB 2176, 2522, 2667 -- Read first time Referred to Committee on Revenue by prior reference. and referred to President’s desk. SB 580 -- Report by Committee on Education The following measures were referred to and Workforce recommending passage. committee on March 29 and recorded on Committee Referral List No. 30 which was distributed to SB 835 -- Report by Committee on General members. Referral list recorded in the Journal and Government recommending passage. Referred to Status Report by order of the President. Committee on Ways and Means by prior reference. HB 2025 Environment and Land Use SB 838 -- Report by Committee on Education and Workforce recommending passage. Referred to HB 2033 Revenue Committee on Ways and Means by prior reference. HB 2034 Revenue HB 2091 Commerce SB 853 -- Report by Committee on Education HB 2722 Environment and Land Use and Workforce recommending passage with amendments. Referred to Committee on Revenue by Ocean Policy Advisory Council (ORS 196.438) prior reference. Jim Bergeron Rules SB 1002 -- Report by Committee on Business Paul Engelmeyer Rules and Economic Development recommending passage Robin Hartmann Rules with amendments. David Hatch Rules Onno Husing Rules SJM 2; SB 76, 90, 323, 331, 405, 493, 515, 580, Scott McMullen Rules 585, 599, 755, 938 -- Read second time and passed to Bradley Pettinger Rules third reading. James Pex Rules SCR 4 A-Eng. -- Read final time. Carried by Fred Sickler Rules Carter. On adoption of resolution, the vote was: Ayes, Frank Warrens Rules 29; excused, 1 – Winters. Resolution adopted. Senate adjourned until 10:30 a.m. Thursday by SCR 5 -- Resolution read. Carried by Devlin. unanimous consent at the request of the Chair. On adoption of resolution, the vote was: Ayes, 27; excused, 1 – Winters; attending legislative business, 2 Thursday, March 31, 2005 -- Morning Session – Carter, Walker. Resolution adopted. SB 63 A-Eng. -- Read third time. Carried by Senate convened at 10:30 a.m. President Burdick. On passage of bill the vote was: Ayes, 25; Courtney in Chair. The following members were nays, 2 – Schrader, Westlund; excused, 1 – Winters; present: Atkinson, Bates, Beyer, Brown, Burdick, attending legislative business, 2 – Carter, Walker. Carter, Deckert, Devlin, Ferrioli, Gordly, Johnson, Bill passed. (President Courtney in Chair) Kruse, Metsger, Morrisette, Morse, Nelson, Prozanski, Schrader, Shields, Starr, B., Starr, C., SB 64 A-Eng. -- Read third time. Carried by Verger, Westlund, Whitsett; excused -- George, Beyer. On passage of bill the vote was: Ayes, 24; Ringo, Walker, Winters; attending legislative nays, 4 – George, Kruse, Starr, B., Whitsett; excused, business -- Monnes Anderson. Colors were posted 1 – Winters; attending legislative business, 1 – and the Senate pledged allegiance to the flag. Devlin. Bill passed. Invocation by Father Jose Luis Gonzalez of St. SB 177 A-Eng. -- Read third time. Carried by Joseph’s Church, Salem. Musical performance by Beyer. Beyer declared a potential conflict of interest. Rondalla Infantil Alma Latina from the Mano a Mano On passage of bill the vote was: Ayes, 28; excused, 1 – Family Center, directed by Amador Aguilar, Salem. Winters; attending legislative business, 1 – Devlin. HB 2213, 2668, 2719 -- Message from the House Bill passed. announcing passage. SB 330 A-Eng. -- Read third time. Carried by HCR 1 -- Message from the House announcing Walker. Walker declared a potential conflict of adoption by the House. interest. On passage of bill the vote was: Ayes, 28; nays, 1 – Kruse; excused, 1 – Winters. Bill passed. Committee Report Summary No. 41 listing the following reports was distributed to members today. SB 398 -- Read third time. Carried by Summary list recorded in Journal and Status Report Westlund. On passage of bill the vote was: Ayes, 28; by order of the President. nays, 1 – Kruse; excused, 1 – Winters. Bill passed. SB 8 -- Report by Committee on General SB 645 A-Eng. -- Read third time. Carried by Government recommending passage with Beyer. On passage of bill the vote was: Ayes, 28; amendments. Referred to Committee on Ways and nays, 1 – Kruse; excused, 1 – Winters. Bill passed. Means by prior reference. (Beyer in Chair) SB 9 -- Report by Committee on General Government recommending passage with SENATE JOURNAL SJ-83 amendments. Referred to Committee on Ways and SR 1 -- Resolution read. Carried by Brown, Means by prior reference. Ferrioli. On adoption of resolution, the vote was: Ayes, 22; nays, 1 – Beyer; excused, 4 – George, Ringo, SB 10 -- Report by Committee on General Walker, Winters; attending legislative business, 3 – Government recommending passage with Johnson, Kruse, Monnes Anderson. Resolution amendments. Referred to Committee on Ways and adopted. Means by prior reference. SB 76 A-Eng. -- Read third time. Carried by SB 132 -- Report by Committee on Commerce Whitsett. On passage of bill the vote was: Ayes, 23; recommending passage with amendments. excused, 4 – George, Ringo, Walker, Winters; SB 133 -- Report by Committee on Commerce attending legislative business, 3 – Brown, Kruse, recommending passage with amendments. Monnes Anderson. Bill passed. SB 181 -- Report by Committee on Judiciary SB 90 A-Eng. -- Read third time. Carried by recommending passage with amendments. Shields. On passage of bill the vote was: Ayes, 23; excused, 4 – George, Ringo, Walker, Winters; SB 275 -- Report by Committee on Judiciary attending legislative business, 3 – Brown, Kruse, recommending passage with amendments. Monnes Anderson. Bill passed. SB 386 -- Report by Committee on Commerce SB 493 A-Eng. -- Read third time. Carried by recommending passage with amendments. Burdick. On passage of bill the vote was: Ayes, 18; SB 431 -- Report by Committee on Environment nays, 6 – Beyer, Ferrioli, Schrader, Starr, B., and Land Use recommending passage with Westlund, Whitsett; excused, 4 – George, Ringo, amendments. Walker, Winters; attending legislative business, 2 – Kruse, Monnes Anderson. Bill passed. SB 434 -- Report by Committee on Commerce recommending passage with amendments. SB 515 A-Eng. -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 24; SB 486 -- Report by Committee on General excused, 4 – George, Ringo, Walker, Winters; Government recommending passage. attending legislative business, 2 – Kruse, Monnes Anderson. Bill passed. SB 567 -- Report by Committee on Judiciary recommending passage. SB 938 A-Eng. -- Read third time. Carried by Prozanski. SB 738 -- Report by Committee on Commerce recommending passage with amendments. Referred Senate at ease. Senate reassembled. to Committee on Ways and Means by prior reference. SB 938 -- Debate resumed. On passage of bill the SB 758 -- Report by Committee on General vote was: Ayes, 19; nays, 5 – Beyer, Ferrioli, Johnson, Government recommending passage. Referred to Starr, B., Westlund; excused, 4 – George, Ringo, Committee on Revenue by prior reference. Walker, Winters; attending legislative business, 2 – Kruse, Monnes Anderson. Bill passed. SB 792 -- Report by Committee on General Government recommending passage. HCR 1; HB 2213, 2668, 2719 -- Read first time and referred to President’s desk. SB 891 -- Report by Committee on General Government recommending passage. Referred to Senate adjourned until 10:30 a.m. Monday by Committee on Revenue by prior reference. unanimous consent at the request of the Chair. SB 912 -- Report by Committee on Commerce recommending passage with amendments. Monday, April 4, 2005 -- Morning Session SJM 2; SB 323, 585 -- Taken from today’s third Senate convened at 10:30 a.m. President reading calendar and placed on April 4 calendar by Courtney in Chair. The following members were voice vote on motion of Metsger. present: Atkinson, Bates, Brown, Burdick, Devlin, SB 331, 599 -- Taken from today’s third Ferrioli, George, Gordly, Johnson, Kruse, Metsger, reading calendar and placed on April 4 calendar by Monnes Anderson, Morrisette, Morse, Nelson, voice vote on motion of Burdick. Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Whitsett; absent -- Carter, Deckert; SB 580, 755 -- Taken from today’s third excused -- Beyer, Winters; attending legislative reading calendar and placed on April 4 calendar by business -- Verger, Westlund. Colors were posted voice vote on motion of Starr, C. and the Senate pledged allegiance to the flag. Invocation by Pamela Verne Dell, Salem. SB 405 -- Taken from today’s third reading calendar and placed on April 4 calendar by voice vote The following messages from the Governor were on motion of Starr, B. read and referred to the President's desk: SB 1026, 1027 -- Introduced, read first time and March 31, 2005 referred to President’s desk. TO THE HONORABLE PRESIDENT OF THE SENATE SB 25, 36, 486, 567, 792, 1002 -- Read second OF THE 73rd LEGISLATIVE ASSEMBLY time and passed to third reading.

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ORS 660.110 provides that the Governor shall appoint the members of the State Apprenticeship and Training Council, March 31, 2005 subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Kenneth Fry of Portland to the State OF THE 73rd LEGISLATIVE ASSEMBLY Apprenticeship and Training Council for a four-year term, as provided by statute, beginning December 1, 2004 and ORS 679.230 provides that the Governor shall appoint the ending on November 30, 2008, effective upon Senate members of the Oregon Board of Dentistry, subject to confirmation. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Jill Mason of Portland to the Oregon Board of Sincerely, Dentistry for a four-year term, as provided by statute, Ted Kulongoski beginning March 4, 2005 and ending on March 31, 2009, Governor effective upon Senate confirmation.

This appointment is submitted for your consideration. March 31, 2005 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 660.110 provides that the Governor shall appoint the March 31, 2005 members of the State Apprenticeship and Training Council, subject to Senate confirmation, in the manner provided by TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Larry Jones of Silverton to the State Apprenticeship and Training Council for a four-year term, ORS 830.105 provides that the Governor shall appoint the as provided by statute, beginning March 1, 2005 and ending members of the State Marine Board, subject to Senate on February 28, 2009, effective upon Senate confirmation. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Bob Montgomery of Cascade Locks to the State Sincerely, Marine Board for a four-year term, as provided by statute, Ted Kulongoski beginning July 1, 2005 and ending on June 30, 2009, Governor effective upon Senate confirmation.

This appointment is submitted for your consideration. March 31, 2005 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 660.110 provides that the Governor shall appoint the March 31, 2005 members of the State Apprenticeship and Training Council, subject to Senate confirmation, in the manner provided by TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I appoint Jason Landon of Portland to the State Apprenticeship and Training Council for a four-year term, ORS 830.105 provides that the Governor shall appoint the as provided by statute, beginning April 20, 2005 and ending members of the State Marine Board, subject to Senate on April 19, 2009, effective upon Senate confirmation. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint George Tinker of Coos Bay to the State Marine Sincerely, Board for a four-year term, as provided by statute, Ted Kulongoski beginning April 21, 2005 and ending on February 6, 2009, Governor effective upon Senate confirmation.

This appointment is submitted for your consideration. March 31, 2005 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 679.230 provides that the Governor shall appoint the March 31, 2005 members of the Oregon Board of Dentistry, subject to Senate confirmation, in the manner provided by ORS TO THE HONORABLE PRESIDENT OF THE SENATE 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Melissa Grant of Lake Oswego to the Oregon Board of Dentistry for a four-year term, as provided by ORS 677.235 provides that the Governor shall appoint the statute, beginning April 1, 2005 and ending on March 31, members of the Board of Medical Examiners, subject to 2009, effective upon Senate confirmation. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Douglas Kirkpatrick of Medford to the Board of Sincerely, Medical Examiners for a partial three-year term, as Ted Kulongoski provided by statute, beginning April 21, 2005 and ending on Governor February 28, 2008, effective upon Senate confirmation. SENATE JOURNAL SJ-85

Training, subject to Senate confirmation, in the manner This appointment is submitted for your consideration. provided by ORS 171.562 and ORS 171.565. Sincerely, I appoint Andrew Bentz of Vale to the Board on Public Ted Kulongoski Governor Safety Standards and Training for a partial three-year term, as provided by statute, beginning April 20, 2005 and ending on June 30, 2005, effective upon Senate March 31, 2005 confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 677.235 provides that the Governor shall appoint the Governor members of the Board of Medical Examiners, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 31, 2005 I reappoint John Stiger of Milwaukie to the Board of TO THE HONORABLE PRESIDENT OF THE SENATE Medical Examiners for a three-year term, as provided by OF THE 73rd LEGISLATIVE ASSEMBLY statute, beginning March 1, 2005 and ending on February 28, 2008, effective upon Senate confirmation. ORS 181.620 provides that the Governor shall appoint the members of the Board on Public Safety Standards and This appointment is submitted for your consideration. Training, subject to Senate confirmation, in the manner Sincerely, provided by ORS 171.562 and ORS 171.565. Ted Kulongoski Governor I reappoint Andrew Bentz of Vale to the Board on Public Safety Standards and Training for a three-year term, as provided by statute, beginning July 1, 2005 and ending on March 31, 2005 June 30, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 442.830 provides that the Governor shall appoint the Governor members of the Oregon Patient Safety Commission Board of Directors, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. March 31, 2005 I appoint Nancy Chi of Portland to the Oregon Patient TO THE HONORABLE PRESIDENT OF THE SENATE Safety Commission Board of Directors for an unexpired OF THE 73rd LEGISLATIVE ASSEMBLY four-year term, as provided by statute, beginning April 20, 2005 and ending on July 1, 2007, effective upon Senate ORS 756.014 provides that the Governor shall appoint the confirmation. members of the Public Utility Commission, subject to Senate confirmation, in the manner provided by ORS This appointment is submitted for your consideration. 171.562 and ORS 171.565. Sincerely, I reappoint John Savage of Salem to the Public Utility Ted Kulongoski Commission for a four-year term, as provided by statute, Governor beginning April 1, 2005 and ending on March 31, 2009, effective upon Senate confirmation. March 31, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 161.385 provides that the Governor shall appoint the members of the Psychiatric Security Review Board, subject to Senate confirmation, in the manner provided by ORS March 31, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Julia Hurlburt of Salem to the Psychiatric OF THE 73rd LEGISLATIVE ASSEMBLY Security Review Board for a partial four-year term, as provided by statute, beginning April 20, 2005 and ending on ORS 342.350 provides that the Governor shall appoint the June 30, 2008, effective upon Senate confirmation. members of the Teacher Standards and Practices Commission, subject to Senate confirmation, in the manner This appointment is submitted for your consideration. provided by ORS 171.562 and ORS 171.565. Sincerely, I appoint Francis Charbonnier of McMinnville to the Ted Kulongoski Teacher Standards and Practices Commission for a partial Governor three-year term, as provided by statute, beginning April 20, 2005 and ending on December 31, 2007, effective upon March 31, 2005 Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 181.620 provides that the Governor shall appoint the Governor members of the Board on Public Safety Standards and

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March 31, 2005 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 73rd LEGISLATIVE ASSEMBLY ORS 660.321 provides that the Governor shall appoint the March 31, 2005 members of the State Workforce Investment Board, subject TO THE HONORABLE PRESIDENT OF THE SENATE to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I appoint C. Carl Califano of Albany to the State Workforce ORS 660.321 provides that the Governor shall appoint the Investment Board for a three-year term, as provided by members of the State Workforce Investment Board, subject statute, beginning April 21, 2005 and ending on April 20, to Senate confirmation, in the manner provided by ORS 2008, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint James Paulson of Portland to the State Workforce Investment Board for a three-year term, as provided by Sincerely, statute, beginning April 21, 2005 and ending on April 20, Ted Kulongoski 2008, effective upon Senate confirmation. Governor This appointment is submitted for your consideration. March 31, 2005 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 73rd LEGISLATIVE ASSEMBLY ORS 660.321 provides that the Governor shall appoint the SB 223; HB 2095, 2261 -- Message from the members of the State Workforce Investment Board, subject House announcing the Speaker signed on April 1. to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Committee Report Summary No. 42 listing the following reports was distributed to members today. I reappoint Bob Craft of Roseburg to the State Workforce Summary list recorded in Journal and Status Report Investment Board for a three-year term, as provided by by order of the President. statute, beginning December 10, 2004 and ending on December 9, 2007, effective upon Senate confirmation. SB 37 -- Report by Committee on Commerce This appointment is submitted for your consideration. recommending passage with amendments. Sincerely, SB 92 -- Report by Committee on Environment Ted Kulongoski and Land Use recommending passage. Governor SB 119 -- Report by Committee on Commerce recommending passage with amendments. March 31, 2005 SB 346 -- Report by Committee on TO THE HONORABLE PRESIDENT OF THE SENATE Environment and Land Use recommending passage OF THE 73rd LEGISLATIVE ASSEMBLY with amendments. ORS 660.321 provides that the Governor shall appoint the SB 454 -- Report by Committee on Education members of the State Workforce Investment Board, subject to Senate confirmation, in the manner provided by ORS and Workforce recommending passage. Referred to 171.562 and ORS 171.565. Committee on Revenue by prior reference. I appoint Charles Karns of Klamath Falls to the State SB 576 -- Report by Committee on Commerce Workforce Investment Board for a three-year term, as recommending passage with amendments. provided by statute, beginning April 21, 2005 and ending on April 20, 2008, effective upon Senate confirmation. SB 594 -- Report by Committee on Environment and Land Use recommending passage. This appointment is submitted for your consideration. SB 694 -- Report by Committee on Environment Sincerely, and Land Use recommending passage. Ted Kulongoski Governor SB 839 -- Report by Committee on Revenue recommending passage with amendments. March 31, 2005 SB 858 -- Report by Committee on Rules TO THE HONORABLE PRESIDENT OF THE SENATE recommending passage with amendments. OF THE 73rd LEGISLATIVE ASSEMBLY SB 924 -- Report by Committee on Business and ORS 660.321 provides that the Governor shall appoint the Economic Development recommending passage. members of the State Workforce Investment Board, subject to Senate confirmation, in the manner provided by ORS SB 925 -- Report by Committee on Business and 171.562 and ORS 171.565. Economic Development recommending passage. I reappoint Linda Mock of Portland to the State Workforce SB 926 -- Report by Committee on Business and Investment Board for a three-year term, as provided by Economic Development recommending passage. statute, beginning December 10, 2004 and ending on December 9, 2007, effective upon Senate confirmation. SCR 10; SB 7, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040 -- This appointment is submitted for your consideration. SENATE JOURNAL SJ-87

Introduced, read first time and referred to President’s Governor desk. April 4, 2005 SB 92, 132, 133, 181, 275, 386, 431, 434, 594, 694, 912, 924, 925, 926 -- Read second time and TO THE HONORABLE PRESIDENT OF THE SENATE passed to third reading. OF THE 73rd LEGISLATIVE ASSEMBLY SJM 2; SB 25, 36, 323, 331, 405, 486, 567, 580, ORS 414.715 provides that the Governor shall appoint the 585, 599, 755, 792, 1002 -- Carried over to April 5 members of the Health Services Commission, subject to calendar by unanimous consent at the request of the Senate confirmation, in the manner provided by ORS Chair. 171.562 and ORS 171.565. HB 2095, 2261 -- President Courtney signed on I appoint Kathryn Weit of Eugene to the Health Services April 1. Commission for a four-year term, as provided by statute, beginning May 2, 2005 and ending on May 1, 2009, effective Senate adjourned until 10:30 a.m. Tuesday by upon Senate confirmation. unanimous consent at the request of the Chair. This appointment is submitted for your consideration. Sincerely, Tuesday, April 5, 2005 -- Morning Session Ted Kulongoski Governor Senate convened at 10:30 a.m. Metsger in Chair. The following members were present: Atkinson, HB 2005, 2117, 2119, 2372, 2637 -- Message Bates, Beyer, Brown, Burdick, Carter, President from the House announcing passage. Courtney, Deckert, Devlin, Ferrioli, George, Gordly, HCR 8; HJR 16, 27 -- Message from the House Johnson, Kruse, Monnes Anderson, Morrisette, announcing adoption. Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett; Committee Report Summary No. 43 listing the excused -- Winters; attending legislative business -- following reports was distributed to members today. Shields. Colors were posted and the Senate pledged Summary list recorded in Journal and Status Report allegiance to the flag. Invocation by Dr. Amir Badiei, by order of the President. Salem Baha’I Community, Salem. SB 61 -- Report by Committee on Judiciary The following messages from the Governor were recommending passage with amendments. read and referred to the President's desk: SB 240 -- Report by Committee on Judiciary April 4, 2005 recommending passage with amendments and requesting subsequent referral to Committee on Ways TO THE HONORABLE PRESIDENT OF THE SENATE and Means be rescinded. Subsequent referral to OF THE 73rd LEGISLATIVE ASSEMBLY Committee on Ways and Means rescinded by order of ORS 414.715 provides that the Governor shall appoint the the President. members of the Health Services Commission, subject to Senate confirmation, in the manner provided by ORS SB 489 -- Report by Committee on Judiciary 171.562 and ORS 171.565. recommending passage with amendments. I appoint Kevin Olson of Tualatin to the Health Services SB 636 -- Report by Committee on General Commission for a four-year term, as provided by statute, Government recommending passage with beginning May 2, 2005 and ending on May 1, 2009, effective amendments. Referred to Committee on Ways and upon Senate confirmation. Means by prior reference. This appointment is submitted for your consideration. SB 778 -- Report by Committee on Human Sincerely, Services recommending passage with amendments. Ted Kulongoski Referred to Committee on Ways and Means by prior Governor reference.

SB 779 -- Report by Committee on Education April 4, 2005 and Workforce recommending passage. Referred to TO THE HONORABLE PRESIDENT OF THE SENATE Committee on Ways and Means by prior reference. OF THE 73rd LEGISLATIVE ASSEMBLY SB 923 -- Report by Committee on Business and ORS 414.715 provides that the Governor shall appoint the Economic Development recommending passage with members of the Health Services Commission, subject to amendments. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 995 -- Report by Committee on General Government recommending passage with I appoint Laurie Theodorou of Medford to the Health amendments. Services Commission for a four-year term, as provided by statute, beginning May 2, 2005 and ending on May 1, 2009, SB 37, 119, 346, 576, 839, 858 -- Read second effective upon Senate confirmation. time and passed to third reading. This appointment is submitted for your consideration. SJM 2 -- Read final time. Carried by Walker. Sincerely, On adoption of memorial, the vote was: Ayes, 26; Ted Kulongoski

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excused, 1 – Winters; attending legislative business, 3 SB 1002 A-Eng. -- Read third time. Carried by – Brown, Ferrioli, Shields. Memorial adopted. Schrader. On passage of bill the vote was: Ayes, 24; nays, 5 – Beyer, George, Gordly, Kruse, Whitsett; SB 25 A-Eng. -- Moved to the foot of today's excused, 1 – Winters. Bill passed. third reading calendar by unanimous consent at the request of the Chair. SB 92 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 29; excused, 1 – SB 36 A-Eng. -- Read third time. Carried by Winters. Bill passed. Burdick. On passage of bill the vote was: Ayes, 26; excused, 1 – Winters; attending legislative business, 3 SB 132 A-Eng. -- Read third time. Carried by – Brown, Ferrioli, Shields. Bill passed. Prozanski. On passage of bill the vote was: Ayes, 26; nays, 3 – Kruse, Nelson, Starr, C.; excused, 1 – Senate resumed under the order of Third Winters. Bill passed. Reading of Senate Measures by unanimous consent at the request of the Chair. SB 133 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 25; SB 25 A-Eng. -- Read third time. Carried by nays, 4 – Atkinson, Nelson, Starr, B., Starr, C.; Prozanski. On passage of bill the vote was: Ayes, 26; excused, 1 – Winters. Bill passed. excused, 1 – Winters; attending legislative business, 3 – Brown, Ferrioli, Shields. Bill passed. SB 181 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 29; SB 323 -- Read third time. Carried by Walker. excused, 1 – Winters. Bill passed. On passage of bill the vote was: Ayes, 27; nays, 1 – Schrader; excused, 1 – Winters; attending legislative SB 275 A-Eng. -- Read third time. Carried by business, 1 – Shields. Bill passed. Prozanski. On passage of bill the vote was: Ayes, 27; nays, 2 – Atkinson, Schrader; excused, 1 – Winters. SB 331 A-Eng. -- Read third time. Carried by Bill passed. Walker. Walker declared a potential conflict of interest. On passage of bill the vote was: Ayes, 26; SB 386 A-Eng. -- Read third time. Carried by nays, 2 – Kruse, Starr, B.; excused, 1 – Winters; Beyer. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Shields. Bill excused, 1 – Winters. Bill passed. Walker, absent passed. when roll called, granted unanimous consent to vote aye. SB 405 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 25; SB 431 A-Eng. -- Read third time. Carried by nays, 3 – Carter, Johnson, Metsger; excused, 1 – Ringo. On passage of bill the vote was: Ayes, 29; Winters; attending legislative business, 1 – Shields. excused, 1 – Winters. Bill passed. Bill passed. SB 434, 594, 694, 912, 924, 925, 926 -- Carried SB 486 -- Read third time. Carried by George. over to April 6 third reading calendar by unanimous On passage of bill the vote was: Ayes, 28; excused, 1 – consent at the request of the Chair. Winters; attending legislative business, 1 – Starr, B. Bill passed. HCR 8; HJR 16, 27; HB 2005, 2117, 2119, 2372, 2637 -- Read first time and referred to President’s SB 567 -- Read third time. Carried by desk. Prozanski. On passage of bill the vote was: Ayes, 23; nays, 6 – Beyer, George, Kruse, Schrader, Starr, B., The following measures were referred to Whitsett; excused, 1 – Winters. Bill passed. committee on April 4 and recorded on Committee Referral List No. 31 which was distributed to SB 580 -- Read third time. Carried by Devlin. members. Referral list recorded in the Journal and On passage of bill the vote was: Ayes, 20; nays, 9 – Status Report by order of the President. Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Schrader, Starr, B.; excused, 1 – Winters. SCR 10 Rules Bill passed. SB 7 Commerce SB 1019 Rules SB 585 A-Eng. -- Read third time. Carried by SB 1020 Rules Monnes Anderson. On passage of bill the vote was: SB 1021 Rules Ayes, 25; nays, 3 – Johnson, Kruse, Schrader; excused, 1 – Winters; attending legislative business, 1 SB 1022 Rules – Beyer. Bill passed. SB 1023 Rules SB 1024 Rules SB 599 A-Eng. -- Read third time. Carried by SB 1025 Judiciary Monnes Anderson. On passage of bill the vote was: SB 1026 Human Services Ayes, 28; excused, 1 – Winters; attending legislative SB 1027 Transportation business, 1 – Beyer. Bill passed. SB 1028 Rules; Ways and Means SB 755 A-Eng. -- Read third time. Carried by SB 1037 Environment and Land Use Walker. On passage of bill the vote was: Ayes, 29; HCR 1 Education and Workforce excused, 1 – Winters. Bill passed. HJM 6 General Government SB 792 -- Read third time. Carried by Starr, B. HJM 8 Health Policy On passage of bill the vote was: Ayes, 29; excused, 1 – HJM 10 General Government Winters. Bill passed. HJR 3 Rules SENATE JOURNAL SJ-89

HB 2176 Environment and Land Use Senate adjourned until 10:30 a.m. Wednesday by HB 2213 Judiciary unanimous consent at the request of the Chair. HB 2222 Judiciary HB 2230 Judiciary Wednesday, April 6, 2005 -- Morning Session HB 2474 General Government HB 2522 Environment and Land Use Senate convened at 10:30 a.m. Morse in Chair. HB 2599 Judiciary The following members were present: Atkinson, HB 2666 Judiciary Bates, Beyer, Brown, Burdick, Carter, President HB 2667 Judiciary Courtney, Deckert, Devlin, Ferrioli, George, Gordly, HB 2668 Environment and Land Use Johnson, Kruse, Monnes Anderson, Morrisette, HB 2719 Business and Economic Development Nelson, Prozanski, Ringo, Schrader, Shields, Starr, HB 2723 Judiciary B., Starr, C., Verger, Walker, Whitsett, Winters; HB 2724 Judiciary attending legislative business -- Metsger, Westlund. HB 3097 Business and Economic Development Colors were posted and the Senate pledged allegiance to the flag. Invocation by Chris Anderson, Professor of English at and an ordained State Apprenticeship and Training Council (ORS Deacon in Parish and Campus Ministries, Corvallis. 660.110) Musical performance by the OSU Meistersingers, Kenneth Fry (r) Rules directed by Steven Zielke, Corvallis. Larry Jones (r) Rules Jason Landon Rules HB 3324 -- Message from the House announcing passage.

Oregon Board of Dentistry (ORS 679.230) Committee Report Summary No. 44 listing the Melissa Grant (r) Rules following reports was distributed to members today. Jill Mason Rules Summary list recorded in Journal and Status Report by order of the President.

State Marine Board (ORS 830.105) SJR 14 -- Report by Committee on Revenue Bob Montgomery (r) Rules recommending adoption. George Tinker Rules SB 55 -- Report by Committee on Business and Economic Development recommending passage with Board of Medical Examiners (ORS 677.235) amendments. Douglas Kirkpatrick Rules SB 96 -- Report by Committee on Environment John Stiger (r) Rules and Land Use recommending passage.

Oregon Patient Safety Commission Board of SB 118 -- Report by Committee on Commerce Directors (ORS 442.830) recommending passage with amendments. Nancy Chi Rules SB 125 -- Report by Committee on Environment and Land Use recommending passage with Psychiatric Security Review Board (ORS 161.385) amendments. Julia Hurlburt Rules SB 303 -- Report by Committee on Human Services recommending passage and requesting Board on Public Safety Standards and Training (ORS subsequent referral to Committee on Ways and 181.620) Means be rescinded. Subsequent referral to Andrew Bentz Rules Committee on Ways and Means rescinded by order of Andrew Bentz (r) Rules the President. SB 413 -- Report by Committee on Business and Public Utility Commission (ORS 756.014) Economic Development recommending passage with John Savage (r) Rules amendments. SB 737 -- Report by Committee on Environment Teacher Standards and Practices Commission (ORS and Land Use recommending passage with 342.350) amendments. Francis Charbonnier Rules SB 847 -- Report by Committee on Revenue recommending passage. State Workforce Investment Board (ORS 660.321) C. Carl Califano Rules SB 857 -- Report by Committee on Environment and Land Use recommending passage with Bob Craft (r) Rules amendments. Charles Karns Rules Linda Mock (r) Rules SB 996 -- Report by Committee on Revenue James Paulson Rules recommending passage with amendments.

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SJR 14; SB 61, 96, 240, 303, 489, 847, 923, 995 -- HB 3324 -- Read first time and referred to Read second time and passed to third reading. President’s desk. SB 434 A-Eng. -- Read third time. Carried by Senate adjourned until 10:30 a.m. Thursday by Burdick. On passage of bill the vote was: Ayes, 23; unanimous consent at the request of the Chair. nays, 4 – Atkinson, Ferrioli, George, Kruse; excused, 1 – Shields; attending legislative business, 2 – Thursday, April 7, 2005 -- Morning Session Metsger, Westlund. Bill passed. SB 594 -- Read third time. Carried by Johnson. Senate convened at 10:30 a.m. Atkinson in On passage of bill the vote was: Ayes, 27; excused, 1 – Chair. The following members were present: Bates, Shields; attending legislative business, 2 – Metsger, Beyer, Brown, Burdick, Carter, President Courtney, Westlund. Bill passed. Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, SB 694 -- Read third time. Carried by Beyer. Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., On passage of bill the vote was: Ayes, 26; excused, 1 – Starr, C., Verger, Walker, Westlund, Whitsett, Shields; attending legislative business, 3 – Gordly, Winters; excused -- Shields. Colors were posted and Metsger, Westlund. Bill passed. the Senate pledged allegiance to the flag. Invocation SB 912 A-Eng. -- Read third time. Carried by by Reverend Dr. Wilber Hardy, Jr. of Highland Beyer, Prozanski. On passage of bill the vote was: United Church of Christ, Portland. Ayes, 28; excused, 1 – Shields; attending legislative SB 223 -- Message from the Governor business, 1 – Westlund. Bill passed. announcing he signed on April 6. SB 924 -- Read third time. Carried by Starr, B. HB 2080, 2542, 2926 -- Message from the House On passage of bill the vote was: Ayes, 28; excused, 1 – announcing passage. Shields; attending legislative business, 1 – Westlund. Bill passed. HJM 5 -- Message from the House announcing adoption. SB 925 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 28; excused, 1 – Committee Report Summary No. 45 listing the Shields; attending legislative business, 1 – Westlund. following reports was distributed to members today. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 926 -- Read third time. Carried by Monnes Anderson. On passage of bill the vote was: Ayes, 28; SB 89 -- Report by Committee on Judiciary excused, 1 – Shields; attending legislative business, 1 recommending passage with amendments. – Westlund. Bill passed. SB 91 -- Report by Committee on Environment SB 37 -- Read third time. Carried by Beyer. and Land Use recommending passage with Taken from today’s third reading calendar and amendments and requesting subsequent referral to placed on April 7 calendar by voice vote on motion of Committee on Ways and Means be rescinded. Beyer. Subsequent referral to Committee on Ways and Means rescinded by order of the President. SB 119 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 27; SB 155 -- Report by Committee on General excused, 2 – Shields, Winters; attending legislative Government recommending passage with business, 1 – Westlund. Bill passed. amendments and requesting referral to Committee on Ways and Means. Referred to Committee on Ways SB 346 A-Eng. -- Read third time. Carried by and Means by order of the President. Beyer. On passage of bill the vote was: Ayes, 27; excused, 2 – Shields, Winters; attending legislative SB 156 -- Report by Committee on General business, 1 – Westlund. Bill passed. Government recommending passage with amendments and requesting referral to Committee on SB 576 A-Eng. -- Read third time. Carried by Ways and Means. Referred to Committee on Ways Whitsett. On passage of bill the vote was: Ayes, 26; and Means by order of the President. nays, 1 – Schrader; excused, 2 – Shields, Winters; attending legislative business, 1 – Westlund. Bill SB 214 -- Report by Committee on Business and passed. Economic Development recommending passage with amendments. SB 839 A-Eng. -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 25; SB 430 -- Report by Committee on Human nays, 2 – Beyer, Kruse; excused, 2 – Shields, Winters; Services recommending passage with amendments. attending legislative business, 1 – Westlund. Bill SB 776 -- Report by Committee on Human passed. Services without recommendation as to passage, but SB 858 A-Eng. -- Read third time. Carried by with amendments. Referred to Committee on Ways Verger. On passage of bill the vote was: Ayes, 25; and Means by prior reference. nays, 2 – Beyer, Kruse; excused, 2 – Shields, Winters; SB 781 -- Report by Committee on Human attending legislative business, 1 – Westlund. Bill Services recommending passage with amendments. passed. SENATE JOURNAL SJ-91

SB 892 -- Report by Committee on Human excused, 1 – Shields; attending legislative business, 4 Services recommending passage. Referred to – Brown, Carter, Schrader, President Courtney. Bill Committee on Revenue by prior reference. passed. SJR 14 -- Taken from today’s third reading HJM 5; HB 2080, 2542, 2926 -- Read first time calendar and placed on April 12 calendar by voice and referred to President’s desk. vote on motion of Ringo. Senate adjourned until 10:30 a.m. Monday by SB 37 -- Taken from today's third reading unanimous consent at the request of the Chair. calendar and rereferred to Committee on Commerce by voice vote on motion of Beyer. Monday, April 11, 2005 -- Morning Session SJR 31; SB 1041 -- Introduced, read first time and referred to President’s desk. (Beyer in Chair) Senate convened at 10:30 a.m. Devlin in Chair. The following members were present: Atkinson, SB 55, 118, 125, 413, 737, 857, 996 -- Read Bates, Beyer, Brown, Burdick, Carter, President second time and passed to third reading. Courtney, Deckert, Ferrioli, George, Gordly, Johnson, SCR 8 A-Eng. -- Read final time. Carried by Kruse, Metsger, Monnes Anderson, Morrisette, Atkinson. On adoption of resolution, the vote was: Morse, Nelson, Prozanski, Schrader, Starr, B., Starr, Ayes, 25; excused, 1 – Shields; attending legislative C., Verger, Walker, Westlund, Whitsett, Winters; business, 4 – Brown, Carter, Schrader, President excused -- Shields; attending legislative business -- Courtney. Resolution adopted. (Atkinson in Chair) Ringo. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor John SB 61 A-Eng. -- Read third time. Carried by Dennis of First Presbyterian Church, Corvallis. Starr, C. On passage of bill the vote was: Ayes, 17; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 2629 -- Message from the House Whitsett, Winters; excused, 1 – Shields; attending announcing passage. legislative business, 5 – Brown, Carter, Schrader, Committee Report Summary No. 46 listing the Starr, B., President Courtney. Bill passed. following reports was distributed to members today. SB 96 -- Read third time. Carried by Ringo. On Summary list recorded in Journal and Status Report passage of bill the vote was: Ayes, 24; excused, 1 – by order of the President. Shields; attending legislative business, 5 – Brown, SB 70 -- Report by Committee on Carter, Schrader, Starr, B., President Courtney. Bill Transportation recommending passage. passed. SB 94 -- Report by Committee on Judiciary SB 240 A-Eng. -- Read third time. Carried by recommending passage with amendments. Burdick. On passage of bill the vote was: Ayes, 24; excused, 1 – Shields; attending legislative business, 5 SB 114 -- Report by Committee on Judiciary – Brown, Carter, Schrader, Starr, B., President recommending passage. Courtney. Bill passed. SB 353 -- Report by Committee on Environment SB 303 -- Read third time. Carried by Metsger. and Land Use recommending passage with On passage of bill the vote was: Ayes, 19; nays, 6 – amendments. Atkinson, Beyer, Ferrioli, George, Morse, Starr, B.; SB 443 -- Report by Committee on Human excused, 1 – Shields; attending legislative business, 4 Services recommending passage with amendments – Brown, Carter, Schrader, President Courtney. Bill and requesting subsequent referral to Committee on passed. Ways and Means be rescinded. Subsequent referral to SB 489 A-Eng. -- Moved to the foot of today's Committee on Ways and Means rescinded by order of third reading calendar by unanimous consent at the the President. request of the Chair. SB 605 -- Report by Committee on Human SB 847 -- Taken from today’s third reading Services recommending passage with amendments calendar and placed on April 11 calendar by and requesting subsequent referral to Committee on unanimous consent at the request of the Chair. Ways and Means be rescinded. Subsequent referral to Committee on Ways and Means rescinded by order of SB 923 A-Eng. -- Read third time. Carried by the President. Metsger. On passage of bill the vote was: Ayes, 25; excused, 1 – Shields; attending legislative business, 4 SB 771 -- Report by Committee on Health – Brown, Carter, Schrader, President Courtney. Bill Policy recommending passage with amendments. passed. Referred to Committee on Ways and Means by prior reference. SB 995 A-Eng. -- Read third time. Carried by George. On passage of bill the vote was: Ayes, 22; SB 855 -- Report by Committee on Health nays, 3 – Atkinson, Beyer, Kruse; excused, 1 – Policy recommending passage with amendments. Shields; attending legislative business, 4 – Brown, SB 876 -- Report by Committee on Health Carter, Schrader, President Courtney. Bill passed. Policy recommending passage with amendments. SB 489 A-Eng. -- Read third time. Carried by Referred to Committee on Ways and Means by prior Walker. On passage of bill the vote was: Ayes, 25; reference.

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SB 914 -- Report by Committee on Judiciary Winters; attending legislative business, 1 – Ringo. recommending passage with amendments. Bill passed. SB 919 -- Report by Committee on Judiciary HB 2629 -- Read first time and referred to recommending passage with amendments. President’s desk. SB 953 -- Report by Committee on Judiciary The following measures were referred to recommending passage. committee on April 8 and recorded on Committee Referral List No. 32 which was distributed to SB 1016 -- Report by Committee on Health members. Referral list recorded in the Journal and Policy recommending passage with amendments. Status Report by order of the President. Referred to Committee on Ways and Means by prior reference. SJR 31 Rules HB 2115 -- Report by Committee on SB 1029 Commerce; Ways and Means Transportation recommending passage with SB 1030 Revenue; Ways and Means amendments to the A-Engrossed bill. SB 1031 General Government SB 70, 89, 91, 114, 214, 430, 781, 953 -- Read SB 1032 Environment and Land Use second time and passed to third reading. SB 1033 Rules SB 55 A-Eng. -- Read third time. Carried by SB 1034 Judiciary Starr, B. On passage of bill the vote was: Ayes, 25; SB 1035 Health Policy nays, 2 – Beyer, Kruse; absent, 1 – Nelson; excused, 1 SB 1036 Revenue; Ways and Means – Shields; attending legislative business, 1 – Ringo. SB 1038 Transportation Bill passed. SB 1039 Education and Workforce Courtesies of the Senate were extended to former SB 1040 Health Policy State Senator Ron Grensky at the request of SB 1041 Judiciary Atkinson. HCR 8 Rules SB 118 A-Eng. -- Read third time. Carried by HJM 5 Environment and Land Use Prozanski. On passage of bill the vote was: Ayes, 28; HJR 16 Rules excused, 2 – Shields, Ringo. Bill passed. HJR 27 Rules SB 125 -- Read third time. Carried by Atkinson. HB 2005 General Government; Ways and Means Taken from today’s third reading calendar and HB 2080 Human Services placed on April 12 calendar by voice vote on motion of HB 2117 Business and Economic Development Atkinson. HB 2119 General Government SB 413 A-Eng. -- Read third time. Carried by HB 2372 Business and Economic Development Metsger. Johnson declared a potential conflict of HB 2542 Revenue interest. On passage of bill the vote was: Ayes, 23; nays, 5 – Atkinson, George, Schrader, Westlund, HB 2637 Business and Economic Development Whitsett; excused, 1 – Shields; attending legislative HB 2926 Environment and Land Use business, 1 – Ringo. Bill passed. HB 3324 Judiciary SB 737 -- Bill read. Carried by Atkinson. Taken from today’s third reading calendar and placed on Health Services Commission (ORS 414.715) April 12 calendar by voice vote on motion of Atkinson. Kevin Olson Rules SB 847 -- Read third time. Carried by Carter. Laurie Theodorou Rules On passage of bill the vote was: Ayes, 26; nays, 1 – Kathryn Weit Rules Nelson; excused, 1 – Shields; attending legislative business, 2 – Ringo, Starr, B. Bill passed. Senate adjourned until 10:30 a.m. Tuesday by unanimous consent at the request of the Chair. SB 857 A-Eng. -- Read third time. Carried by Verger. Call of the Senate demanded by Brown joined Tuesday, April 12, 2005 -- Morning Session by Nelson and Metsger. All present except Shields, excused; Ringo, attending legislative business. Call Senate convened at 10:30 a.m. Deckert in Chair. terminated at the request of the President. The following members were present: Atkinson, SB 857 -- Debate resumed. Call of the Senate Bates, Beyer, Brown, Burdick, Carter, President demanded by Brown joined by Burdick and Courtney. Courtney, Devlin, Ferrioli, George, Gordly, Johnson, All present except Shields, excused; Ringo, attending Kruse, Metsger, Monnes Anderson, Morrisette, legislative business. On passage of bill the vote was: Morse, Prozanski, Ringo, Schrader, Shields, Starr, C., Ayes, 21; nays, 7 – Beyer, Ferrioli, George, Kruse, Verger, Walker, Westlund, Whitsett, Winters; Starr, B., Starr, C., Whitsett; excused, 1 – Shields; attending legislative business -- Nelson, Starr, B. attending legislative business, 1 – Ringo. Bill passed. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Charles Starr, SB 996 A-Eng. -- Read third time. Carried by Hillsboro. Deckert. On passage of bill the vote was: Ayes, 25; nays, 2 – Morse, Nelson; excused, 2 – Shields, SENATE JOURNAL SJ-93

HB 2096, 2189, 2328, 2680, 2825, 2983, 3015, SJR 14 -- Moved to the foot of today's third 3145, 3305 -- Message from the House announcing reading calendar by unanimous consent at the passage. request of the Chair. SJM 6; HCR 11 -- Message from the House SB 70 -- Read third time. Carried by Prozanski. announcing adoption. On passage of bill the vote was: Ayes, 24; nays, 1 – Kruse; absent, 1 – Beyer; attending legislative Committee Report Summary No. 47 listing the business, 4 – Bates, Nelson, Starr, B., Westlund. Bill following reports was distributed to members today. passed. Summary list recorded in Journal and Status Report by order of the President. SB 89 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 25; SB 15 -- Report by Committee on Business and absent, 1 – Beyer; attending legislative business, 4 – Economic Development recommending passage. Bates, Nelson, Starr, B., Westlund. Bill passed. SB 16 -- Report by Committee on Business and Senate at ease. Senate reassembled. Economic Development recommending passage with amendments and requesting referral to Committee on SB 91 A-Eng. -- Read third time. Carried by Ways and Means. Referred to Committee on Ways Shields. On passage of bill the vote was: Ayes, 22; and Means by order of the President. nays, 5 – Atkinson, Ferrioli, George, Kruse, Whitsett; attending legislative business, 3 – Bates, Nelson, SB 81 -- Report by Committee on Business and Starr, B. Bill passed. Economic Development recommending passage. SB 114 -- Read third time. Carried by Burdick. SB 171 -- Report by Committee on Business and On passage of bill the vote was: Ayes, 24; nays, 4 – Economic Development recommending passage with Beyer, Ferrioli, Kruse, Verger; attending legislative amendments and requesting referral to Committee on business, 2 – Nelson, Starr, B. Bill passed. Revenue. Referred to Committee on Revenue by order of the President. SB 125 -- Rereferred to Committee on Environment and Land Use by voice vote on motion of SB 212 -- Report by Committee on Business and Ringo. Economic Development recommending passage. SB 214 A-Eng. -- Read third time. Carried by SB 321 -- Report by Committee on Commerce Kruse. On passage of bill the vote was: Ayes, 27; recommending passage. nays, 1 – Schrader; attending legislative business, 2 – SB 374 -- Report by Committee on Human Nelson, Starr, B. Bill passed. Services recommending passage with amendments. SB 430 A-Eng. -- Read third time. Carried by SB 412 -- Report by Committee on Revenue Morrisette. On passage of bill the vote was: Ayes, 27; recommending passage with amendments. nays, 1 – Schrader; attending legislative business, 2 – Nelson, Starr, B. Bill passed. SB 470 -- Report by Committee on Revenue recommending passage with amendments and SB 737 A-Eng. -- Bill read. Carried by Ringo. requesting referral to Committee on Ways and On passage of bill the vote was: Ayes, 27; nays, 1 – Means. Referred to Committee on Ways and Means Schrader; attending legislative business, 2 – Nelson, by order of the President. Starr, B. Bill passed. SB 574 -- Report by Committee on Business and SB 781 A-Eng. -- Read third time. Carried by Economic Development recommending passage with Morrisette. On passage of bill the vote was: Ayes, 25; amendments. nays, 3 – Beyer, Ferrioli, Schrader; attending legislative business, 2 – Nelson, Starr, B. Bill passed. SB 696 -- Report by Committee on Environment and Land Use recommending passage. SB 953 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 26; nays, 2 – SB 879 -- Report by Committee on Business and Metsger, Schrader; attending legislative business, 2 – Economic Development recommending passage with Nelson, Starr, B. Bill passed. amendments. SJR 14 -- Read final time. Carried by Devlin. SB 969 -- Report by Committee on General Call of the Senate demanded by Devlin joined by Government recommending passage. Referred to Brown and Bates. All present except Nelson, Starr, Committee on Ways and Means by prior reference. B., attending legislative business. On adoption of SB 998 -- Report by Committee on resolution, the vote was: Ayes, 20; nays, 8 – Atkinson, Transportation recommending passage with Beyer, Ferrioli, George, Kruse, Starr, C., Whitsett, amendments. Referred to Committee on Ways and Winters; attending legislative business, 2 – Nelson, Means by order of the President. Starr, B. Resolution adopted. SB 1012 -- Report by Committee on Judiciary HCR 11; HB 2096, 2189, 2328, 2680, 2825, 2983, recommending passage with amendments. 3015, 3145, 3305 -- Read first time and referred to President’s desk. SB 15, 81, 94, 212, 321, 353, 443, 605, 696, 855, 914, 919 -- Read second time and passed to third HB 2115 -- Read second time and passed to reading. third reading.

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SJM 6 -- President Courtney signed on April 12. SB 498 -- Report by Committee on General Government recommending passage with Senate adjourned until 10:30 a.m. Wednesday by amendments. unanimous consent at the request of the Chair. SB 557 -- Report by Committee on General Wednesday, April 13, 2005 -- Morning Session Government recommending passage with amendments. Referred to Committee on Ways and Senate convened at 10:30 a.m. Brown in Chair. Means by prior reference. The following members were present: Atkinson, SB 562 -- Report by Committee on General Bates, Beyer, Burdick, Carter, President Courtney, Government recommending passage with Deckert, Devlin, Ferrioli, George, Gordly, Johnson, amendments. Referred to Committee on Ways and Kruse, Metsger, Monnes Anderson, Morrisette, Means by prior reference. Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, C., Verger, Walker, Westlund, Whitsett, SB 573 -- Report by Committee on Commerce Winters; attending legislative business -- Starr, B. recommending passage with amendments. Colors were posted and the Senate pledged allegiance SB 660 -- Report by Committee on General to the flag. Invocation by Bishop H.B. Daniels, Jr., of Government recommending passage. Daniels Memorial Church of God in Christ, Portland. Musical performance by Cletus Moore, Salem, SB 669 -- Report by Committee on Commerce accompanied by Yovanny Perez, Vancouver, recommending passage. Washington. SB 675 -- Report by Committee on Health Courtesies of the Senate were extended to former Policy recommending passage. State Representative Bill Markham at the request of Westlund. SB 690 -- Report by Committee on General Government recommending passage with HB 2499, 2581, 2604, 2634, 2687, 2755, 2978, amendments. 3119 -- Message from the House announcing passage. SB 834 -- Report by Committee on Environment and Land Use recommending passage. Referred to SJM 6; HB 2196 -- Message from the House Committee on Ways and Means by prior reference. announcing the Speaker signed on April 12. SB 896 -- Report by Committee on Revenue Committee Report Summary No. 48 listing the recommending passage with amendments. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 899 -- Report by Committee on Revenue by order of the President. recommending passage with amendments. SJM 7 -- Report by Committee on SB 949 -- Report by Committee on Business and Transportation recommending adoption. Economic Development recommending passage with amendments. SB 139 -- Report by Committee on Commerce recommending passage. HJR 8 -- Report by Committee on Business and Economic Development recommending adoption. SB 141 -- Report by Committee on Commerce recommending passage with amendments. SB 1000 -- Introduced, read first time and referred to President’s desk. SB 142 -- Report by Committee on Commerce recommending passage with amendments. SJM 7; SB 139, 374, 412, 574, 660, 669, 675, 879, 1012 -- Read second time and passed to third SB 150 -- Report by Committee on General reading. Government recommending passage with amendments. SB 15 -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 27; attending SB 210 -- Report by Committee on Business and legislative business, 3 – Carter, Johnson, Starr, B. Economic Development recommending passage with Bill passed. amendments. SB 81 -- Read third time. Carried by Metsger. SB 327 -- Report by Committee on Business and On passage of bill the vote was: Ayes, 22; nays, 5 – Economic Development recommending passage with Atkinson, Beyer, Ferrioli, George, Kruse; attending amendments. legislative business, 3 – Carter, Johnson, Starr, B. Bill passed. SB 389 -- Report by Committee on Environment and Land Use recommending passage with SB 94 A-Eng. -- Read third time. Carried by amendments. Burdick. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Johnson, Starr, B. SB 402 -- Report by Committee on General Bill passed. Government recommending passage with amendments. Senate recessed by unanimous consent on motion of Ferrioli. SB 490 -- Report by Committee on Health Policy recommending passage with amendments. Senate reconvened at 11:40 a.m. President Courtney in Chair. All present except Winters, SENATE JOURNAL SJ-95 excused; Johnson, Starr, B., attending legislative Nelson, Prozanski, Ringo, Schrader, Shields, Starr, business. C., Verger, Walker, Westlund, Whitsett, Winters; excused -- Devlin; attending legislative business -- Senate, having recessed under the order of Third Atkinson, Starr, B. (Burdick in Chair) Colors were Readings of Senate Measures, resumed under that posted and the Senate pledged allegiance to the flag. order by unanimous consent at the request of the Invocation by Senator Frank Morse, Corvallis. Chair. Musical performance by Gale Hazel and Paul SB 212 -- Read third time. Carried by Metsger. Pritchard of Oregon State University, Corvallis. Call of the Senate demanded by Brown joined by Courtesies of the Senate were extended to former Bates and Gordly. All present except Winters, Governor at the request of Brown. excused; Johnson, Starr, B., attending legislative business. On passage of bill the vote was: Ayes, 16; HB 2028, 2029, 2094, 2139, 2140, 2143, 2312, nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, 2370, 2578, 2741, 2916, 3043, 3044, 3067, 3157, 3206 Morse, Starr, C., Verger, Walker, Westlund, Whitsett; -- Message from the House announcing passage. excused, 1 – Winters; attending legislative business, 2 – Johnson, Starr, B. Bill passed. Committee Report Summary No. 49 listing the following reports was distributed to members today. SB 321 -- Read third time. Carried by Summary list recorded in Journal and Status Report Prozanski. On passage of bill the vote was: Ayes, 16; by order of the President. nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, Monnes Anderson, Morse, Nelson, Starr, C., Verger, SB 71 -- Report by Committee on Whitsett; excused, 1 – Winters; attending legislative Transportation recommending passage with business, 2 – Johnson, Starr, B. Bill passed. amendments. Referred to Committee on Ways and Means by prior reference. SB 353 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 27; SB 106 -- Report by Committee on Judiciary excused, 1 – Winters; attending legislative business, 2 recommending passage with amendments. – Johnson, Starr, B. Bill passed. SB 194 -- Report by Committee on Commerce SB 443 A-Eng. -- Read third time. Carried by without recommendation as to passage, but with Kruse. On passage of bill the vote was: Ayes, 27; amendments. Referred to Committee on Ways and excused, 1 – Winters; attending legislative business, 2 Means by prior reference. – Johnson, Starr, B. Bill passed. SB 300 -- Report by Committee on Education SB 605 A-Eng. -- Read third time. Carried by and Workforce recommending passage with Bates. On passage of bill the vote was: Ayes, 26; amendments. Referred to Committee on Ways and excused, 1 – Winters; attending legislative business, 3 Means by prior reference. – Johnson, Starr, B., Starr, C. Bill passed. SB 351 -- Report by Committee on Environment SB 696 -- Read third time. Carried by Beyer. and Land Use recommending passage with On passage of bill the vote was: Ayes, 26; excused, 1 – amendments. Referred to Committee on Ways and Winters; attending legislative business, 3 – Johnson, Means by prior reference. Starr, B., Starr, C. Bill passed. SB 355 -- Report by Committee on Commerce SB 855, 914, 919 -- Carried over to April 14 recommending passage with amendments. calendar by unanimous consent at the request of the SB 385 -- Report by Committee on Business and Chair. Economic Development recommending passage with HB 2499, 2581, 2604, 2634, 2687, 2755, 2978, amendments. 3119 -- Read first time and referred to President’s SB 415 -- Report by Committee on Education desk. and Workforce without recommendation as to HJR 8 -- Read second time and passed to third passage. Referred to Committee on Revenue by prior reading. reference. HB 2115 -- Carried over to April 14 calendar by SB 579 -- Report by Committee on Business and unanimous consent at the request of the Chair. Economic Development recommending passage with amendments. HB 2196 -- President Courtney signed on April 13. SB 589 -- Report by Committee on General Government recommending passage and requesting Senate adjourned until 10:30 a.m. Thursday by referral to Committee on Ways and Means. Referred unanimous consent at the request of the Chair. to Committee on Ways and Means by order of the President. Thursday, April 14, 2005 -- Morning Session SB 593 -- Report by Committee on Environment and Land Use recommending passage with Senate convened at 10:30 a.m. President amendments. Referred to Committee on Revenue by Courtney in Chair. The following members were prior reference. present: Bates, Beyer, Brown, Burdick, Carter, Deckert, Ferrioli, George, Gordly, Johnson, Kruse, SB 637 -- Report by Committee on Education Metsger, Monnes Anderson, Morrisette, Morse, and Workforce recommending passage with

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amendments. Referred to Committee on Ways and excused; Atkinson, Starr, B., attending legislative Means by prior reference. business. (Burdick in Chair) SB 638 -- Report by Committee on General Senate, having recessed under the order of Third Government recommending passage. Readings of Senate Measures, resumed under that order by unanimous consent at the request of the SB 703 -- Report by Committee on Education Chair. and Workforce recommending passage with amendments. SB 139 -- Read third time. Carried by Ringo. Taken from today’s third reading calendar and SB 748 -- Report by Committee on Education placed on April 18 calendar by voice vote on motion of and Workforce recommending passage. Referred to Ringo. Committee on Ways and Means by prior reference. SB 374 A-Eng. -- Read third time. Carried by SB 766 -- Report by Committee on Education Courtney. Call of the Senate demanded by Brown and Workforce recommending passage with joined by Metsger and Ringo. All present except amendments. Devlin, excused; Atkinson, Starr, B., attending SB 773 -- Report by Committee on Business and legislative business. On passage of bill the vote was: Economic Development recommending passage with Ayes, 22; nays, 5 – Beyer, Ferrioli, George, Kruse, amendments. Whitsett; excused, 1 – Devlin; attending legislative business, 2 – Atkinson, Starr, B. Bill passed. SB 817 -- Report by Committee on General Government recommending passage with SB 412 -- Read third time. Carried by Deckert. amendments and requesting referral to Committee on Rereferred to Committee on Revenue by voice vote on Ways and Means. Referred to Committee on Ways motion of Deckert. and Means by order of the President. SB 574 A-Eng. -- Read third time. Carried by SB 950 -- Report by Committee on Business and Deckert. On passage of bill the vote was: Ayes, 25; Economic Development recommending passage with excused, 2 – Devlin, Gordly; attending legislative amendments. business, 3 – Atkinson, Metsger, Starr, B. Bill passed. SB 958 -- Report by Committee on Education and Workforce without recommendation as to SB 660 -- Read third time. Carried by Shields. passage. Referred to Committee on Revenue by prior Taken from today’s third reading calendar and reference. placed on April 18 calendar by voice vote on motion of Shields. SJR 32, 33; SM 1; SB 1042, 1043, 1044, 1045 -- Introduced, read first time and referred to President’s SB 669 -- Read third time. Carried by desk. Prozanski. Rereferred to Committee on Commerce by voice vote on motion of Prozanski. SB 141, 142, 150, 210, 327, 389, 402, 490, 498, 573, 638, 690, 896, 899, 949 -- Read second time and SB 675 -- Read third time. Carried by Monnes passed to third reading. (President Courtney in Anderson. On passage of bill the vote was: Ayes, 24; Chair) nays, 2 – Beyer, Ferrioli; excused, 2 – Devlin, Gordly; attending legislative business, 2 – Atkinson, Starr, B. SB 855 A-Eng. -- Read third time. Carried by Bill passed. Shields. On passage of bill the vote was: Ayes, 22; nays, 2 – Beyer, Verger; excused, 1 – Devlin; SB 879 A-Eng. -- Read third time. Carried by attending legislative business, 5 – Atkinson, Deckert, Monnes Anderson. On passage of bill the vote was: George, Metsger, Starr, B. Bill passed. Ayes, 24; nays, 2 – Burdick, Johnson; excused, 2 – Devlin, Gordly; attending legislative business, 2 – SB 914 A-Eng. -- Read third time. Carried by Atkinson, Starr, B. Bill passed. Burdick. On passage of bill the vote was: Ayes, 25; excused, 1 – Devlin; attending legislative business, 4 SB 1012 -- Carried over to April 18 calendar by – Atkinson, Deckert, George, Starr, B. Bill passed. unanimous consent at the request of the Chair. SB 919 A-Eng. -- Read third time. Carried by HB 2028, 2029, 2094, 2139, 2140, 2143, 2312, Burdick. On passage of bill the vote was: Ayes, 23; 2370, 2578, 2741, 2916, 3043, 3044, 3067, 3157, 3206 nays, 4 – George, Kruse, Nelson, Schrader; excused, 1 -- Read first time and referred to President’s desk. – Devlin; attending legislative business, 2 – Atkinson, HJR 8; HB 2115 -- Carried over to April 18 Starr, B. Bill passed. calendar by unanimous consent at the request of the SJM 7 -- Read final time. Carried by Verger. Chair. On adoption of memorial, the vote was: Ayes, 26; Senate adjourned until 10:30 a.m. Monday by absent, 1 – Carter; excused, 1 – Devlin; attending unanimous consent at the request of the Chair. legislative business, 2 – Atkinson, Starr, B. Memorial adopted. Monday, April 18, 2005 -- Morning Session Senate recessed by unanimous consent on motion of Brown. Senate convened at 10:30 a.m. President Senate reconvened at 12:00 p.m. President Courtney in Chair. The following members were Courtney in Chair. All present except Devlin, present: Bates, Beyer, Brown, Burdick, Carter, SENATE JOURNAL SJ-97

Deckert, Devlin, George, Gordly, Johnson, Kruse, SB 620 -- Report by Committee on Human Metsger, Monnes Anderson, Morrisette, Morse, Services recommending passage with amendments. Nelson, Prozanski, Schrader, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; SB 706 -- Report by Committee on General excused -- Ferrioli, Shields; attending legislative Government recommending passage with business -- Atkinson, Ringo. Colors were posted and amendments. the Senate pledged allegiance to the flag. Invocation SB 783 -- Report by Committee on Health by Senator Avel Gordly, Portland. Musical Policy recommending passage with amendments. performance by Cantus Ensemble conducted by Emil Referred to Committee on Ways and Means by prior Sokach, Uzhgorod, Ukraine. reference. HB 2260, 2649, 3038 -- Message from the House SB 784 -- Report by Committee on Health announcing passage. Policy recommending passage with amendments. Committee Report Summary No. 50 listing the Referred to Committee on Ways and Means by prior following reports was distributed to members April reference. 15. Summary list recorded in Journal and Status SB 887 -- Report by Committee on Environment Report by order of the President. and Land Use recommending passage with SB 173 -- Report by Committee on Business and amendments. Economic Development recommending passage. SB 936 -- Report by Committee on Health Referred to Committee on Ways and Means by prior Policy recommending passage with amendments. reference. SB 940 -- Report by Committee on Judiciary SB 187 -- Report by Committee on Education recommending passage with amendments. and Workforce recommending passage with amendments. SB 946 -- Report by Committee on Judiciary recommending passage with amendments. Referred SB 209 -- Report by Committee on Business and to Committee on Ways and Means by prior reference. Economic Development recommending passage with amendments. SB 962 -- Report by Committee on Health Policy recommending passage with amendments and SB 287 -- Report by Committee on Judiciary requesting subsequent referral to Committee on Ways recommending passage with amendments. and Means be rescinded. Subsequent referral to SB 311 -- Report by Committee on Commerce Committee on Ways and Means rescinded by order of recommending passage with amendments. Referred the President. to Committee on Ways and Means by order of the SB 997 -- Report by Committee on Business and President. Economic Development recommending passage with SB 316 -- Report by Committee on General amendments. Government recommending passage with SB 1005 -- Report by Committee on Human amendments. Services without recommendation as to passage, but SB 368 -- Report by Committee on Judiciary with amendments. Referred to Committee on Ways recommending passage with amendments. and Means by prior reference. SB 408 -- Report by Committee on Business and Committee Report Summary No. 51 listing the Economic Development recommending passage with following reports was distributed to members today. amendments. Summary list recorded in Journal and Status Report by order of the President. SB 433 -- Report by Committee on Commerce recommending passage with amendments. SB 39 -- Report by Committee on Judiciary recommending passage with amendments. SB 529 -- Report by Committee on Environment and Land Use without recommendation as to passage. SB 769 -- Report by Committee on Education Referred to Committee on Ways and Means by prior and Workforce recommending passage and requesting reference. referral to Committee on Ways and Means. Referred to Committee on Ways and Means by order of the SB 575 -- Report by Committee on Education President. and Workforce recommending passage with amendments. SB 1006 -- Report by Committee on General Government recommending passage. SB 598 -- Report by Committee on Human Services recommending passage with amendments Report by Committee on Rules recommending and requesting subsequent referral to Committee on that the Governor’s appointments of Joshua Marquis Ways and Means be rescinded. Subsequent referral to and Eva Temple to the Oregon Criminal Justice Committee on Ways and Means rescinded by order of Commission be confirmed en bloc. the President. Report by Committee on Rules recommending SB 618 -- Report by Committee on Health that the Governor’s reappointment of Zane Smith Policy recommending passage with amendments. (appearance waived) to the State Fish and Wildlife Commission be confirmed.

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Report by Committee on Rules recommending excused, 2 – Ferrioli, Shields; attending legislative that the Governor’s appointments of Leda Garside business, 1 – Atkinson. Bill passed. (appearance waived) and Bryan Sohl (r) (appearance waived) to the Health Services Commission be SB 638 -- Read third time. Carried by Deckert. confirmed en bloc. On passage of bill the vote was: Ayes, 27; excused, 2 – Ferrioli, Shields; attending legislative business, 1 – Report by Committee on Rules recommending Atkinson. Bill passed. that the Governor’s appointments of James Brown, William Gregory (r) (appearance waived) and Sharon SB 690 A-Eng. -- Read third time. Carried by Rudi to the State Parks and Recreation Commission Verger. On passage of bill the vote was: Ayes, 27; be confirmed en bloc. excused, 2 – Ferrioli, Shields; attending legislative business, 1 – Atkinson. Bill passed. Report by Committee on Rules recommending that the Governor’s reappointments of Cindy SB 949 A-Eng. -- Read third time. Carried by Cunningham (appearance waived) and Charles Moore Deckert. On passage of bill the vote was: Ayes, 27; (appearance waived) to the Physical Therapist excused, 2 – Ferrioli, Shields; attending legislative Licensing Board be confirmed en bloc. business, 1 – Atkinson. Bill passed. Report by Committee on Rules recommending HB 2260, 2649, 3038 -- Read first time and that the Governor’s appointments of Yvonne Curtis, referred to President’s desk. Lynn Lundquist, Susan Massey (r) (appearance HB 2115 B-Eng. -- Read third time. Carried by waived) and Lolenzo Poe to the Quality Education Whitsett. On passage of bill the vote was: Ayes, 27; Commission be confirmed en bloc. excused, 2 – Ferrioli, Shields; attending legislative Report by Committee on Rules recommending business, 1 – Atkinson. Bill passed. that the Governor’s appointments of Michael HJR 8 A-Eng. -- Read final time. Carried by Addington (appearance waived) and Donna Gilmour Metsger. On adoption of resolution, the vote was: (r) (appearance waived) to the State Board of Tax Ayes, 25; nays, 2 – Beyer, Kruse; excused, 2 – Ferrioli, Practitioners be confirmed en bloc. Shields; attending legislative business, 1 – Atkinson. SB 139, 142, 150, 402, 490, 498, 660, 896, 899 -- Resolution adopted. Taken from today’s third reading calendar and The following measures were referred to placed on April 19 calendar by voice vote on motion of committee on April 15 and recorded on Committee Brown. Referral List No. 33 which was distributed to SB 210 -- Taken from today's third reading members. Referral list recorded in the Journal and calendar and rereferred to Committee on Business Status Report by order of the President. and Economic Development by voice vote on motion of SJR 32 Rules Metsger. SJR 33 Rules SM 2; SB 1046, 1047, 1048 -- Introduced, read SM 1 Rules first time and referred to President’s desk. SB 1000 Rules SB 106, 187, 209, 287, 316, 355, 368, 385, 408, SB 1042 Business and Economic Development 433, 575, 579, 598, 618, 620, 703, 706, 766, 773, 887, SB 1044 Environment and Land Use 936, 940, 950, 962, 997, 1006 -- Read second time SB 1045 Judiciary and passed to third reading. HCR 11 Judiciary SB 1012 A-Eng. -- Read third time. Carried by HB 2028 Rules Starr, C. On passage of bill the vote was: Ayes, 23; HB 2029 Rules nays, 3 – Beyer, Kruse, Nelson; excused, 2 – Ferrioli, Shields; attending legislative business, 2 – Atkinson, HB 2094 Rules Ringo. Bill passed. HB 2096 Business and Economic Development HB 2139 Judiciary SB 141 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 23; HB 2140 Judiciary nays, 3 – Johnson, Starr, B., Verger; excused, 2 – HB 2143 Judiciary Ferrioli, Shields; attending legislative business, 2 – HB 2189 Rules Atkinson, Ringo. Bill passed. HB 2312 Judiciary SB 327 A-Eng. -- Read third time. Carried by HB 2328 Environment and Land Use Morse. On passage of bill the vote was: Ayes, 26; HB 2370 Judiciary excused, 2 – Ferrioli, Shields; attending legislative HB 2499 Judiciary business, 2 – Atkinson, Ringo. Bill passed. HB 2578 Business and Economic Development SB 389 A-Eng. -- Read third time. Carried by HB 2581 Environment and Land Use Beyer. On passage of bill the vote was: Ayes, 26; HB 2604 Business and Economic Development excused, 2 – Ferrioli, Shields; attending legislative HB 2629 Revenue business, 2 – Atkinson, Ringo. Bill passed. HB 2634 Judiciary SB 573 A-Eng. -- Read third time. Carried by HB 2680 Transportation Prozanski. On passage of bill the vote was: Ayes, 23; HB 2687 Rules nays, 4 – George, Kruse, Monnes Anderson, Verger; SENATE JOURNAL SJ-99

HB 2741 Transportation SB 139 -- Taken from today's third reading HB 2755 Environment and Land Use calendar and rereferred to Committee on Commerce by voice vote on motion of Ringo. HB 2825 Transportation HB 2916 Rules SB 490 -- Taken from today's third reading HB 2978 Judiciary calendar and rereferred to Committee on Health Policy by voice vote on motion of Monnes Anderson. HB 2983 Judiciary HB 3015 Rules SB 402 -- Taken from today's third reading HB 3043 Rules calendar and rereferred to Committee on General Government by voice vote on motion of Westlund. HB 3044 Rules HB 3067 Rules SB 660 -- Taken from today's third reading HB 3119 Judiciary calendar and referred to Committee on Rules by voice vote on motion of Brown. HB 3145 Rules HB 3157 Judiciary Brown moved that the Senate confirm en bloc HB 3206 Rules the Governor’s appointments of Joshua Marquis and Eva Temple to the Oregon Criminal Justice HB 3305 Commerce Commission. On confirmation the vote was: Ayes, Senate adjourned until 10:30 a.m. Tuesday by 28; absent, 1 – Burdick; excused, 1 – Shields. unanimous consent at the request of the Chair. Confirmed en bloc. Ringo moved that the Senate confirm the Tuesday, April 19, 2005 -- Morning Session Governor’s reappointment of Zane Smith to the State Fish and Wildlife Commission. On confirmation the Senate convened at 10:30 a.m. George in Chair. vote was: Ayes, 27; nays, 2 – Beyer, Kruse; excused, 1 The following members were present: Atkinson, – Shields. Confirmed. Bates, Beyer, Brown, Burdick, Carter, President Courtney, Deckert, Devlin, Ferrioli, Gordly, Johnson, Brown moved that the Senate confirm en bloc Kruse, Metsger, Monnes Anderson, Morrisette, the Governor’s appointments of Leda Garside and Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., Bryan Sohl (r) to the Health Services Commission. Starr, C., Verger, Walker, Westlund, Whitsett, On confirmation the vote was: Ayes, 29; excused, 1 – Winters; excused -- Shields. Colors were posted and Shields. Confirmed en bloc. the Senate pledged allegiance to the flag. Invocation Ferrioli moved that the Senate confirm en bloc by Pastor Steve Hopkins of Calvary Chapel, Salem. the Governor’s appointments of James Brown, HB 2257, 2718, 2774, 2979, 2980, 2981, 3117, William Gregory (r) and Sharon Rudi to the State 3232 -- Message from the House announcing Parks and Recreation Commission. On confirmation passage. the vote was: Ayes, 29; excused, 1 – Shields. Confirmed en bloc. HCR 10 -- Message from the House announcing adoption. Ferrioli moved that the Senate confirm en bloc the Governor’s reappointments of Cindy Cunningham Committee Report Summary No. 52 listing the and Charles Moore to the Physical Therapist following reports was distributed to members today. Licensing Board. On confirmation the vote was: Summary list recorded in Journal and Status Report Ayes, 29; excused, 1 – Shields. Confirmed en bloc. by order of the President. Brown moved that the Senate confirm en bloc SB 151 -- Report by Committee on Business and the Governor’s appointments of Yvonne Curtis, Lynn Economic Development recommending passage with Lundquist, Susan Massey (r) and Lolenzo Poe to the amendments. Quality Education Commission. On confirmation the vote was: Ayes, 22; nays, 7 – Atkinson, Beyer, SB 543 -- Report by Committee on Education Ferrioli, Kruse, Starr, B., Starr, C., Whitsett; excused, and Workforce recommending passage with 1 – Shields. Confirmed en bloc. amendments. Referred to Committee on Ways and Means by order of the President. Atkinson moved that the Senate confirm en bloc the Governor’s appointments of Michael Addington SB 845 -- Report by Committee on Revenue and Donna Gilmour (r) to the State Board of Tax recommending passage with amendments. Practitioners. On confirmation the vote was: Ayes, SB 880 -- Report by Committee on Health 29; excused, 1 – Shields. Confirmed en bloc. Policy recommending passage with amendments. SB 39 -- Read second time and passed to third HB 2244 -- Report by Committee on Human reading. Services recommending passage. SB 887 -- Moved to the head of today's third HB 2251 -- Report by Committee on Human reading calendar by unanimous consent at the Services recommending passage. request of the Chair. HB 2442 -- Report by Committee on Human SB 887 A-Eng. -- Read third time. Carried by Services recommending passage. Ringo. On passage of bill the vote was: Ayes, 27;

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nays, 2 – Schrader, Verger; excused, 1 – Shields. Bill HCR 10; HB 2257, 2718, 2774, 2979, 2980, 2981, passed. 3117, 3232 -- Read first time and referred to President’s desk. SB 887 -- Schrader requested the following explanation of vote be entered into the journal: HB 2244, 2251, 2442 -- Read second time and passed to third reading. “I firmly believe under no circumstances, unless it be for health and safety reasons, should anyone be annexed Senate adjourned until 10:30 a.m. Wednesday by against their will. unanimous consent at the request of the Chair. “This bill is too narrow. Wednesday, April 20, 2005 -- Morning Session “I am sympathetic to NIKE. I realize this form of annexation has been done in the past, however, the ‘little people’ are being left behind; disregarded, and I have Senate convened at 10:30 a.m. President serious concerns about that inequity. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, “I hope through further discussion and study that Deckert, Devlin, Ferrioli, George, Gordly, Johnson, uniform annexation guidelines come to fruition, but this is not the vehicle that will accomplish that.” Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., SB 106 A-Eng. -- Read third time. Carried by Starr, C., Verger, Walker, Westlund, Whitsett; Starr, C. On passage of bill the vote was: Ayes, 29; excused -- Shields; attending legislative business -- excused, 1 – Shields. Bill passed. Bates, Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Father SB 142 A-Eng. -- Read third time. Carried by Gray Zeer of St. Edward’s Parish, Keizer. Prozanski. Call of the Senate demanded by Prozanski joined by Courtney and Walker. All present except HB 2179, 2806, 2982, 3061, 3127, 3349 -- Shields, excused. On passage of bill the vote was: Message from the House announcing passage. Ayes, 19; nays, 10 – Atkinson, Beyer, Ferrioli, Kruse, Morse, Nelson, Schrader, Starr, B., Starr, C., Committee Report Summary No. 53 listing the Whitsett; excused, 1 – Shields. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 142 -- Schrader requested the following by order of the President. explanation of vote be entered into the journal: SB 273 -- Report by Committee on Judiciary 1) “Currently an employer is required by law to pay recommending passage with amendments. amounts withheld from an employee’s wages. SB 541 -- Report by Committee on Health “Why do we need another remedy? BOLI doesn’t have the Policy recommending passage with amendments and money to do enforcement. There is already a solution. BOLI requesting subsequent referral to Committee on Ways has limited money that should be spent on existing missions, and let the courts handle employers that are and Means be rescinded. Subsequent referral to breaking the laws.” Committee on Ways and Means rescinded by order of the President. SB 150 A-Eng. -- Read third time. Carried by Walker. Call of the Senate demanded by Walker SB 641 -- Report by Committee on Judiciary joined by Brown and Carter. All present except recommending passage with amendments. Shields, excused. On passage of bill the vote was: SB 815 -- Report by Committee on Human Ayes, 18; nays, 11 – Atkinson, Beyer, Ferrioli, George, Services recommending passage with amendments. Kruse, Morse, Nelson, Starr, C., Westlund, Whitsett, Referred to Committee on Ways and Means by order Winters; excused, 1 – Shields. Bill passed. of the President. SB 187 A-Eng. -- Read third time. Carried by HJM 8 -- Report by Committee on Health Policy Morrisette. On passage of bill the vote was: Ayes, 27; recommending adoption. nays, 2 – Atkinson, Starr, B.; excused, 1 – Shields. Bill passed. HB 2177 -- Report by Committee on Health Policy recommending passage. SB 209 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 24; HB 2201 -- Report by Committee on Health nays, 5 – Atkinson, Beyer, Kruse, Nelson, Schrader; Policy recommending passage. excused, 1 – Shields. Bill passed. HB 2243 -- Report by Committee on Health SB 287 A-Eng. -- Read third time. Carried by Policy recommending passage. Prozanski. On passage of bill the vote was: Ayes, 29; excused, 1 – Shields. Bill passed. (President HB 2426 -- Report by Committee on Health Courtney in Chair) Policy recommending passage of the A-Engrossed bill. SB 316, 355, 368, 385, 408, 433, 498, 575, 579, HB 3305 -- Report by Committee on Commerce 598, 618, 620, 703, 706, 766, 773, 896, 899, 936, 940, recommending passage of the A-Engrossed bill. 950, 962, 997, 1006 -- Carried over to April 20 SB 498 -- Taken from today’s third reading calendar by unanimous consent at the request of the calendar and placed on April 21 calendar by voice Chair. vote on motion of Brown. SENATE JOURNAL SJ-101

HB 3305 -- Consideration of bill made a Special nays, 6 – Beyer, Ferrioli, Kruse, Morse, Nelson, Order of Business immediately by unanimous consent Whitsett; excused, 1 – Shields; attending legislative on motion of Prozanski. business, 1 – Winters. Bill passed. HB 3305 -- Under rules suspension and Special SB 620 A-Eng. -- Read third time. Carried by Order of Business, read second time and passed to Kruse. On passage of bill the vote was: Ayes, 25; third reading. nays, 3 – Beyer, Nelson, Whitsett; excused, 1 – Shields; attending legislative business, 1 – Winters. HB 3305 A-Eng. -- Under rules suspension and Bill passed. Special Order of Business, read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 26; SB 703 -- Read third time. Carried by Carter. excused, 1 – Shields; attending legislative business, 3 Rereferred to Committee on Education and Workforce – Carter, Ferrioli, Winters. Bill passed. Burdick, by voice vote on motion of Carter. Devlin, Monnes Anderson, attending legislative business when roll called, were granted unanimous SB 706 A-Eng. -- Read third time. Carried by consent to be recorded as voting aye. Carter. On passage of bill the vote was: Ayes, 24; nays, 4 – Beyer, George, Kruse, Whitsett; excused, 1 – SB 1049 -- Introduced, read first time and Shields; attending legislative business, 1 – Winters. referred to President’s desk. Bill passed. Westlund, having been recorded as voting nay, granted unanimous consent to be recorded as SB 151, 845, 880 -- Read second time and voting aye. passed to third reading. SB 766 A-Eng. -- Read third time. Carried by SB 316 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 19; Gordly. On passage of bill the vote was: Ayes, 24; nays, 8 – Atkinson, Ferrioli, Kruse, Morse, Nelson, nays, 2 – Beyer, Kruse; excused, 1 – Shields; Starr, B., Starr, C., Westlund; excused, 1 – Shields; attending legislative business, 3 – Ferrioli, Monnes attending legislative business, 2 – Prozanski, Anderson, Winters. Bill passed. Winters. Bill passed. Burdick, absent when roll SB 355 A-Eng. -- Read third time. Carried by called, granted unanimous consent to be recorded as Nelson. On passage of bill the vote was: Ayes, 25; voting aye. excused, 1 – Shields; attending legislative business, 4 SB 773 A-Eng. -- Read third time. Carried by – Bates, Ferrioli, Westlund, Winters. Bill passed. Morrisette. On passage of bill the vote was: Ayes, 17; SB 368 A-Eng. -- Read third time. Carried by nays, 10 – Atkinson, Beyer, Carter, Ferrioli, George, Burdick. On passage of bill the vote was: Ayes, 26; Kruse, Nelson, Schrader, Westlund, Whitsett; excused, 1 – Shields; attending legislative business, 3 excused, 1 – Shields; attending legislative business, 2 – Bates, Westlund, Winters. Bill passed. – Prozanski, Winters. Bill passed. SB 385 A-Eng. -- Read third time. Carried by SB 896 A-Eng. -- Read third time. Carried by Monnes Anderson. On passage of bill the vote was: Starr, B. On passage of bill the vote was: Ayes, 26; Ayes, 24; nays, 2 – Atkinson, Kruse; excused, 1 – nays, 1 – Verger; excused, 1 – Shields; attending Shields; attending legislative business, 3 – Bates, legislative business, 2 – George, Winters. Bill passed. Westlund, Winters. Bill passed. SB 899 A-Eng. -- Read third time. Carried by SB 408 -- Taken from today's third reading Metsger. On passage of bill the vote was: Ayes, 20; calendar and rereferred to Committee on Business nays, 7 – Atkinson, Beyer, Ferrioli, Johnson, Kruse, and Economic Development by voice vote on motion of Starr, B., Verger; excused, 1 – Shields; attending Metsger. legislative business, 2 – George, Winters. Bill passed. Ferrioli, Verger, having been recorded as voting aye, SB 433 -- Moved to the foot of today's third were granted unanimous consent to be recorded as reading calendar by unanimous consent at the voting nay. request of the Chair. SB 936 A-Eng. -- Read third time. Carried by SB 575 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 27; Devlin. On passage of bill the vote was: Ayes, 28; excused, 1 – Shields; attending legislative business, 2 excused, 1 – Shields; attending legislative business, 1 – George, Winters. Bill passed. – Winters. Bill passed. SB 940 A-Eng. -- Read third time. Carried by SB 579 A-Eng. -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 27; Prozanski. On passage of bill the vote was: Ayes, 26; excused, 1 – Shields; attending legislative business, 2 nays, 2 – Beyer, Kruse; excused, 1 – Shields; – George, Winters. Bill passed. attending legislative business, 1 – Winters. Bill passed. SB 950 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 25; SB 598 A-Eng. -- Read third time. Carried by nays, 2 – Beyer, Kruse; excused, 1 – Shields; Bates. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – George, Winters. excused, 1 – Shields; attending legislative business, 1 Bill passed. – Winters. Bill passed. SB 962 A-Eng. -- Read third time. Carried by SB 618 A-Eng. -- Read third time. Carried by Monnes Anderson. (Carter in Chair) (President Burdick. On passage of bill the vote was: Ayes, 22; Courtney in Chair) Call of the Senate demanded by

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Monnes Anderson joined by Brown and Devlin. All HB 2115 -- Message from the House present except Gordly, absent; Shields, excused; announcing concurrence in Senate amendments and George, Winters, attending legislative business. repassage. Pending arrival of members subject to the Call, Senate at ease. All present except Shields, excused; HB 3305 -- Message from the House George, Winters, attending legislative business. On announcing the Speaker signed on April 20. passage of bill the vote was: Ayes, 25; nays, 2 – Beyer, Committee Report Summary No. 54 listing the Ferrioli; excused, 1 – Shields; attending legislative following reports was distributed to members today. business, 2 – George, Winters. Bill passed. Summary list recorded in Journal and Status Report SB 997 A-Eng. -- Read third time. Carried by by order of the President. Starr, B. Potential conflict of interest declared by SB 358 -- Report by Committee on Environment Verger. On passage of bill the vote was: Ayes, 26; and Land Use recommending passage and requesting excused, 1 – Shields; attending legislative business, 3 subsequent referral to Committee on Ways and – George, Gordly, Winters. Bill passed. Means be rescinded. Rescinding of subsequent SB 1006 -- Taken from today's third reading referral denied by Order of the President. calendar and placed on April 21 calendar by SB 363 -- Report by Committee on General unanimous consent at the request of the Chair. Government recommending passage with SB 39 A-Eng. -- Read third time. Carried by amendments. Prozanski. On passage of bill the vote was: Ayes, 26; SB 477 -- Report by Committee on General excused, 1 – Shields; attending legislative business, 3 Government recommending passage with – George, Gordly, Winters. Bill passed. amendments. SB 433 A-Eng. -- Read third time. Carried by SB 563 -- Report by Committee on General Prozanski. On passage of bill the vote was: Ayes, 26; Government recommending passage with excused, 1 – Shields; attending legislative business, 3 amendments. – George, Gordly, Winters. Bill passed. SB 643 -- Report by Committee on Education HB 2179, 2806, 2982, 3061, 3127, 3349 -- Read and Workforce recommending passage with first time and referred to President’s desk. amendments. HJM 8; HB 2177, 2201, 2243, 2426 -- Read SB 688 -- Report by Committee on Environment second time and passed to third reading. and Land Use recommending passage with HB 2244, 2251, 2442 -- Carried over to April 21 amendments. calendar by unanimous consent at the request of the SB 861 -- Report by Committee on Environment Chair. and Land Use recommending passage with HB 3305 -- President Courtney signed on April amendments. 20. SB 890 -- Report by Committee on Environment Senate adjourned until 10:30 a.m. Thursday by and Land Use recommending passage with unanimous consent at the request of the Chair. amendments. Referred to Committee on Revenue by prior reference. Thursday, April 21, 2005 -- Morning Session SB 1033 -- Report by Committee on Rules recommending passage. Senate convened at 10:30 a.m. President HB 2178 -- Report by Committee on Courtney in Chair. The following members were Environment and Land Use recommending passage of present: Atkinson, Bates, Beyer, Brown, Burdick, the A-Engrossed bill. Deckert, Devlin, Ferrioli, George, Gordly, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, HB 2453 -- Report by Committee on Revenue Nelson, Prozanski, Ringo, Schrader, Starr, B., Starr, recommending passage. C., Verger, Walker, Westlund, Whitsett, Winters; excused -- Shields; attending legislative business -- HB 2454 -- Report by Committee on Revenue Carter, Johnson. Colors were posted and the Senate recommending passage. pledged allegiance to the flag. Invocation by Pastor HB 2497 -- Report by Committee on Human John Moa of Grace Christian Fellowship, Corvallis. Services recommending passage. Musical performance by Laura Kemp, a singer and songwriter, Eugene. SB 1050 -- Introduced, read first time and referred to President’s desk. Courtesies of the Senate were extended to former State Senator Verne Duncan at the request of Nelson. SB 273, 541, 641, 1033 -- Read second time and passed to third reading. HB 2197, 2294, 2500, 2579, 2740, 2881, 3262, 3359 -- Message from the House announcing SB 151 A-Eng. -- Read third time. Carried by passage. Bates. On passage of bill the vote was: Ayes, 26; nays, 2 – Beyer, Kruse; attending legislative business, HJM 28 -- Message from the House announcing 2 – Carter, Johnson. Bill passed. adoption. SENATE JOURNAL SJ-103

SB 498 -- Taken from today's third reading Shields; attending legislative business, 2 – Carter, calendar and rereferred to Committee on General Johnson. Bill passed. Government by voice vote on motion of Shields. HB 2426 A-Eng. -- Read third time. Carried by Senate recessed until 11:25 a.m. by unanimous Courtney. Potential conflict of interest declared by consent on motion of Brown. Atkinson. On passage of bill the vote was: Ayes, 27; excused, 1 – Shields; attending legislative business, 2 Senate reconvened at 11:25 a.m. President – Carter, Johnson. Bill passed. Courtney in Chair. All present except Shields, excused; Carter, Johnson, attending legislative Senate adjourned until 10:30 a.m. Monday by business. unanimous consent at the request of the Chair. Senate, having recessed under the order of Third Reading of Senate Measures, resumed under the Monday, April 25, 2005 -- Morning Session general order of business by unanimous consent at the request of the Chair. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were SB 845 -- Taken from today’s third reading present: Atkinson, Bates, Beyer, Brown, Burdick, calendar and placed on April 25 calendar by voice Carter, Deckert, Devlin, Ferrioli, George, Gordly, vote on motion of Brown. Johnson, Kruse, Metsger, Monnes Anderson, SB 1006 -- Rules suspended by implied consent. Morrisette, Morse, Nelson, Prozanski, Ringo, Taken from today’s third reading calendar and Schrader, Shields, Starr, B., Starr, C., Verger, placed on April 25 calendar by voice vote on motion of Walker, Westlund, Whitsett, Winters. Colors were Brown. posted and the Senate pledged allegiance to the flag. Invocation by Bishop Robert Hoshibata of the Oregon- SB 880 A-Eng. -- Read third time. Carried by Idaho United Methodist Church Conference, Monnes Anderson. On passage of bill the vote was: Portland. Ayes, 20; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, C., Whitsett; excused, 1 – Shields; HB 2937 -- Message from the House attending legislative business, 2 – Carter, Johnson. announcing passage. Bill passed. HJM 2; HJR 29, 50 -- Message from the House HJM 28; HB 2197, 2294, 2500, 2579, 2740, 2881, announcing adoption. 3262, 3359 -- Read first time and referred to Committee Report Summary No. 55 listing the President’s desk. following reports was distributed to members today. HB 2178, 2453, 2454, 2497 -- Read second time Summary list recorded in Journal and Status Report and passed to third reading. by order of the President. HB 2244 -- Read third time. Carried by Starr, SB 4 -- Report by Committee on General C. On passage of bill the vote was: Ayes, 27; excused, Government recommending passage with 1 – Shields; attending legislative business, 2 – Carter, amendments. Referred to Committee on Ways and Johnson. Bill passed. Means by prior reference. HB 2251 -- Read third time. Carried by Starr, SB 5 -- Report by Committee on General C. On passage of bill the vote was: Ayes, 27; excused, Government recommending passage with 1 – Shields; attending legislative business, 2 – Carter, amendments. Referred to Committee on Ways and Johnson. Bill passed. Means by prior reference. HB 2442 -- Read third time. Carried by SB 198 -- Report by Committee on Judiciary Morrisette. On passage of bill the vote was: Ayes, 27; recommending passage with amendments. excused, 1 – Shields; attending legislative business, 2 SB 211 -- Report by Committee on Business and – Carter, Johnson. Bill passed. Economic Development recommending passage with HJM 8 -- Read final time. Carried by Monnes amendments. Anderson. On adoption of memorial, the vote was: SB 566 -- Report by Committee on Ayes, 23; nays, 3 – Beyer, Ferrioli, Kruse; excused, 1 Transportation recommending passage with – Shields; attending legislative business, 3 – Carter, amendments. Johnson, Starr, B. Memorial adopted. SB 733 -- Report by Committee on Environment HB 2177 -- Read third time. Carried by George. and Land Use recommending passage with On passage of bill the vote was: Ayes, 26; excused, 1 – amendments and requesting referral to Committee on Shields; attending legislative business, 3 – Carter, Revenue. Referred to Committee on Revenue by order Johnson, Starr, B. Bill passed. of the President. HB 2201 -- Read third time. Carried by SB 850 -- Report by Committee on Judiciary Morrisette. On passage of bill the vote was: Ayes, 27; recommending passage with amendments. Referred excused, 1 – Shields; attending legislative business, 2 to Committee on Ways and Means by prior reference. – Carter, Johnson. Bill passed. SB 920 -- Report by Committee on Judiciary HB 2243 -- Read third time. Carried by Kruse. recommending passage with amendments. On passage of bill the vote was: Ayes, 27; excused, 1 –

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HB 2422 -- Report by Committee on SB 541 -- Rereferred to Committee on Health Transportation recommending passage of the A- Policy by voice vote on motion of Monnes Anderson. Engrossed bill. SB 1051, 1052, 1053, 1054, 1055 -- Introduced, HB 2448 -- Report by Committee on Revenue read first time and referred to President’s desk. recommending passage. SB 363, 477, 563, 643, 688, 861 -- Read second HB 2451 -- Report by Committee on Revenue time and passed to third reading. recommending passage of the A-Engrossed bill. Senate at ease. Senate reassembled. Report by Committee on Rules recommending that the Governor’s appointments of Kenneth Fry (r) SB 273 A-Eng. -- Read third time. Carried by (appearance waived), Larry Jones (r) (appearance Walker. On passage of bill the vote was: Ayes, 19; waived) and Jason Landon to the State nays, 10 – Atkinson, Beyer, Ferrioli, George, Kruse, Apprenticeship and Training Council be confirmed en Nelson, Starr, B., Verger, Whitsett, Winters; bloc. attending legislative business, 1 – Ringo. Bill passed. Report by Committee on Rules recommending SB 641 A-Eng. -- Read third time. Carried by that the Governor’s appointments of Melissa Grant (r) Deckert. On passage of bill the vote was: Ayes, 24; (appearance waived) and Jill Mason to the Oregon nays, 4 – Beyer, George, Kruse, Nelson; attending Board of Dentistry be confirmed en bloc. legislative business, 2 – Atkinson, Ringo. Bill passed. Report by Committee on Rules recommending SB 845 A-Eng. -- Read third time. Carried by that the Governor’s appointments of Bob Montgomery Brown. Call of the Senate demanded by Brown joined (r) (appearance waived) and George Tinker to the by Verger and Shields. All present except Carter, State Marine Board be confirmed en bloc. absent; Atkinson, Ringo, attending legislative business. Pending arrival of members subject to the Report by Committee on Rules recommending Call, Senate at ease. All present. Senate reassembled. that the Governor’s appointments of Douglas On passage of bill the vote was: Ayes, 18; nays, 12 – Kirkpatrick and John Stiger (r) (appearance waived) Atkinson, Beyer, Ferrioli, George, Johnson, Kruse, to the Board of Medical Examiners be confirmed en Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters. bloc. Bill passed. Report by Committee on Rules recommending SB 1006 -- Read third time. Carried by Walker. that the Governor’s appointments of Jim Bergeron, On passage of bill the vote was: Ayes, 16; nays, 13 – Paul Engelmeyer, Robin Hartmann, David Hatch, Atkinson, Beyer, Deckert, George, Johnson, Kruse, Onno Husing, Scott McMullen, Bradley Pettinger, Morse, Nelson, Starr, C., Verger, Westlund, Whitsett, James Pex, Fred Sickler, and Frank Warrens to the Winters; attending legislative business, 1 – Ringo. Ocean Policy Advisory Council be confirmed en bloc. Bill passed. Report by Committee on Rules recommending SB 1033 -- Read third time. Carried by Brown. that the Governor’s appointment of Nancy Chi to the Taken from today’s third reading calendar and Oregon Patient Safety Commission Board of Directors placed on April 26 calendar by voice vote on motion of be confirmed. Brown. Report by Committee on Rules recommending HJM 2; HJR 29, 50; HB 2937 -- Read first time that the Governor’s appointment of Julia Hurlburt to and referred to President’s desk. the Psychiatric Security Review Board be confirmed. HB 2422, 2448, 2451 -- Read second time and Report by Committee on Rules recommending passed to third reading. that the Governor’s appointment and reappointment of Andrew Bentz to the Board on Public Safety HB 2178 A-Eng. -- Read third time. Carried by Standards and Training be confirmed. Beyer. On passage of bill the vote was: Ayes, 28; absent, 1 – Burdick; attending legislative business, 1 Report by Committee on Rules recommending – Ringo. Bill passed. that the Governor’s reappointment of John Savage to the Public Utility Commission be confirmed. HB 2453 -- Read third time. Carried by George. On passage of bill the vote was: Ayes, 29; attending Report by Committee on Rules recommending legislative business, 1 – Ringo. Bill passed. that the Governor’s appointment of Francis Charbonnier to the Teacher Standards and Practices HB 2454 -- Read third time. Carried by Starr, Commission be confirmed. C. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Ringo. Bill passed. Report by Committee on Rules recommending that the Governor’s appointments of C. Carl Califano, The following measures were referred to Bob Craft (r) (appearance waived), Charles Karns, committee on April 21 and recorded on Committee Linda Mock (r) (appearance waived) and James Referral List No. 34 which was distributed to Paulson to the State Workforce Investment Board be members. Referral list recorded in the Journal and confirmed en bloc. Status Report by order of the President. HB 2497 -- Taken from today’s third reading SM 2 Rules calendar and placed on April 28 calendar by voice SB 1043 Revenue; Ways and Means vote on motion of Brown. SB 1046 Rules SENATE JOURNAL SJ-105

SB 1047 Judiciary TO THE HONORABLE PRESIDENT OF THE SENATE SB 1048 Rules OF THE 73rd LEGISLATIVE ASSEMBLY HCR 10 Rules ORS 684.130 provides that the Governor shall appoint the HB 2260 Rules members of the State Board of Chiropractic Examiners, subject to Senate confirmation, in the manner provided by HB 2649 Rules ORS 171.562 and ORS 171.565. HB 3038 Environment and Land Use I appoint Michael Vissers of Canby to the State Board of Senate adjourned until 10:30 a.m. Tuesday by Chiropractic Examiners for a three-year term, as provided unanimous consent at the request of the Chair. by statute, beginning May 20, 2005 and ending on May 19, 2008, effective upon Senate confirmation. Tuesday, April 26, 2005 -- Morning Session This appointment is submitted for your consideration. Sincerely, Senate convened at 10:30 a.m. Morrisette in Ted Kulongoski Chair. The following members were present: Governor Atkinson, Bates, Beyer, Brown, Burdick, President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, April 25, 2005 Johnson, Kruse, Metsger, Monnes Anderson, Prozanski, Ringo, Starr, B., Starr, C., Verger, Walker, TO THE HONORABLE PRESIDENT OF THE SENATE Westlund, Whitsett, Winters; excused -- Shields; OF THE 73rd LEGISLATIVE ASSEMBLY attending legislative business -- Carter, Morse, Nelson, Schrader. Colors were posted and the Senate ORS 678.800 provides that the Governor shall appoint the members of the Board of Examiners of Nursing Home pledged allegiance to the flag. Invocation by Greg Administrators, subject to Senate confirmation, in the Trull, Associate Professor of Biblical Studies at manner provided by ORS 171.562 and ORS 171.565. Western Baptist College and Senior Pastor at Valley Baptist, Perrydale. Musical performance by Tim Birr I reappoint Jim Bagley of Portland to the Board of of Tualatin Valley Fire and Rescue Pipe Band. Examiners of Nursing Home Administrators for a three- year term, as provided by statute, beginning July 1, 2005 The following messages from the Governor were and ending on June 30, 2008, effective upon Senate read and referred to the President's desk: confirmation. April 25, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 684.130 provides that the Governor shall appoint the members of the State Board of Chiropractic Examiners, April 25, 2005 subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY I appoint Joyce McClure of Portland to the State Board of Chiropractic Examiners for a three-year term, as provided ORS 678.800 provides that the Governor shall appoint the by statute, beginning May 20, 2005 and ending on May 19, members of the Board of Examiners of Nursing Home 2008, effective upon Senate confirmation. Administrators, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Margaret Clark of Portland to the Board of Sincerely, Examiners of Nursing Home Administrators for a three- Ted Kulongoski Governor year term, as provided by statute, beginning July 1, 2005 and ending on June 30, 2008, effective upon Senate confirmation. April 25, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 684.130 provides that the Governor shall appoint the members of the State Board of Chiropractic Examiners, subject to Senate confirmation, in the manner provided by April 25, 2005 ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Estelle Parker-Kent of Silverton to the State OF THE 73rd LEGISLATIVE ASSEMBLY Board of Chiropractic Examiners for a three-year term, as provided by statute, beginning May 20, 2005 and ending on ORS 678.800 provides that the Governor shall appoint the May 19, 2008, effective upon Senate confirmation. members of the Board of Examiners of Nursing Home Administrators, subject to Senate confirmation, in the This appointment is submitted for your consideration. manner provided by ORS 171.562 and ORS 171.565. Sincerely, I appoint Larry Davy of to the Board of Ted Kulongoski Governor Examiners of Nursing Home Administrators for a three- year term, as provided by statute, beginning July 1, 2005 and ending on June 30, 2008, effective upon Senate April 25, 2005 confirmation.

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This appointment is submitted for your consideration. ORS 656.751 provides that the Governor shall appoint the members of the Board of Directors of State Accident Sincerely, Insurance Fund Corporation, subject to Senate Ted Kulongoski Governor confirmation, in the manner provided by ORS 171.562 and ORS 171.565. April 25, 2005 I appoint Robb Van Cleave of The Dalles to the Board of Directors of State Accident Insurance Fund Corporation for TO THE HONORABLE PRESIDENT OF THE SENATE a four-year term, as provided by statute, beginning May 10, OF THE 73rd LEGISLATIVE ASSEMBLY 2005 and ending on May 9, 2009, effective upon Senate confirmation. ORS 678.800 provides that the Governor shall appoint the members of the Board of Examiners of Nursing Home This appointment is submitted for your consideration. Administrators, subject to Senate confirmation, in the Sincerely, manner provided by ORS 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint Kathleen Elias of Philomath to the Board of Examiners of Nursing Home Administrators for an unexpired three-year term, as provided by statute, April 25, 2005 beginning May 20, 2005 and ending on June 30, 2005, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 536.022 provides that the Governor shall appoint the Sincerely, members of the Water Resources Commission, subject to Ted Kulongoski Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. April 25, 2005 I appoint Charles Barlow of Nyssa to the Water Resources Commission for a four-year term, as provided by statute, TO THE HONORABLE PRESIDENT OF THE SENATE beginning July 1, 2005 and ending on June 30, 2009, OF THE 73rd LEGISLATIVE ASSEMBLY effective upon Senate confirmation. ORS 678.800 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Board of Examiners of Nursing Home Sincerely, Administrators, subject to Senate confirmation, in the Ted Kulongoski manner provided by ORS 171.562 and ORS 171.565. Governor

I reappoint Kathleen Elias of Philomath to the Board of Examiners of Nursing Home Administrators for a three- April 25, 2005 year term, as provided by statute, beginning July 1, 2005 and ending on June 30, 2008, effective upon Senate TO THE HONORABLE PRESIDENT OF THE SENATE confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 536.022 provides that the Governor shall appoint the members of the Water Resources Commission, subject to Sincerely, Senate confirmation, in the manner provided by ORS Ted Kulongoski Governor 171.562 and ORS 171.565. I appoint John Jackson of Cornelius to the Water Resources April 25, 2005 Commission for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June 30, 2009, TO THE HONORABLE PRESIDENT OF THE SENATE effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 656.751 provides that the Governor shall appoint the Sincerely, members of the Board of Directors of State Accident Ted Kulongoski Insurance Fund Corporation, subject to Senate Governor confirmation, in the manner provided by ORS 171.562 and ORS 171.565. April 25, 2005 I appoint Catherine Travis of Portland to the Board of Directors of State Accident Insurance Fund Corporation for TO THE HONORABLE PRESIDENT OF THE SENATE a four-year term, as provided by statute, beginning May 10, OF THE 73rd LEGISLATIVE ASSEMBLY 2005 and ending on May 9, 2009, effective upon Senate confirmation. ORS 536.022 provides that the Governor shall appoint the members of the Water Resources Commission, subject to This appointment is submitted for your consideration. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I appoint Mary Meloy of Bend to the Water Resources Governor Commission for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June 30, 2009, April 25, 2005 effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski SENATE JOURNAL SJ-107

Governor statute, beginning May 20, 2005 and ending on May 19, 2008, effective upon Senate confirmation. April 25, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 536.022 provides that the Governor shall appoint the members of the Water Resources Commission, subject to HB 2008, 2125, 2246, 2490, 2882, 3016, 3088, Senate confirmation, in the manner provided by ORS 3089 -- Message from the House announcing 171.562 and ORS 171.565. passage. I reappoint Jay Rasmussen of Newport to the Water Committee Report Summary No. 56 listing the Resources Commission for a four-year term, as provided by following reports was distributed to members today. statute, beginning July 1, 2005 and ending on June 30, Summary list recorded in Journal and Status Report 2009, effective upon Senate confirmation. by order of the President. This appointment is submitted for your consideration. SB 229 -- Report by Committee on Judiciary Sincerely, recommending passage with amendments. Ted Kulongoski Governor SB 304 -- Report by Committee on Judiciary recommending passage with amendments. April 25, 2005 SB 747 -- Report by Committee on Education TO THE HONORABLE PRESIDENT OF THE SENATE and Workforce recommending passage with OF THE 73rd LEGISLATIVE ASSEMBLY amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. ORS 536.022 provides that the Governor shall appoint the Subsequent referral to Committee on Ways and members of the Water Resources Commission, subject to Means rescinded by order of the President. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 782 -- Report by Committee on Human Services recommending passage with amendments. I appoint Gary Reed of Hermiston to the Water Resources Commission for a four-year term, as provided by statute, SB 870 -- Report by Committee on Human beginning July 1, 2005 and ending on June 30, 2009, Services recommending passage with amendments. effective upon Senate confirmation. Referred to Committee on Ways and Means by prior This appointment is submitted for your consideration. reference. Sincerely, SB 929 -- Report by Committee on General Ted Kulongoski Government recommending passage with Governor amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. April 25, 2005 Subsequent referral to Committee on Ways and TO THE HONORABLE PRESIDENT OF THE SENATE Means rescinded by order of the President. OF THE 73rd LEGISLATIVE ASSEMBLY HB 2030 -- Report by Committee on General Government recommending passage of the A- ORS 536.022 provides that the Governor shall appoint the members of the Water Resources Commission, subject to Engrossed bill. Senate confirmation, in the manner provided by ORS HB 2053 -- Report by Committee on General 171.562 and ORS 171.565. Government recommending passage. I reappoint Susie Smith of Springfield to the Water Resources Commission for a four-year term, as provided by HB 2085 -- Report by Committee on Business statute, beginning July 1, 2004 and ending on June 30, and Economic Development recommending passage. 2008, effective upon Senate confirmation. HB 2091 -- Report by Committee on Commerce This appointment is submitted for your consideration. recommending passage of the A-Engrossed bill. Sincerely, HB 2092 -- Report by Committee on General Ted Kulongoski Government recommending passage of the A- Governor Engrossed bill. April 25, 2005 HB 2093 -- Report by Committee on Commerce recommending passage. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY HB 2118 -- Report by Committee on General Government recommending passage. ORS 660.321 provides that the Governor shall appoint the members of the State Workforce Investment Board, subject HB 2119 -- Report by Committee on General to Senate confirmation, in the manner provided by ORS Government recommending passage of the A- 171.562 and ORS 171.565. Engrossed bill. I appoint David Williams of Portland to the State Workforce HB 2124 -- Report by Committee on Commerce Investment Board for a three-year term, as provided by recommending passage of the A-Engrossed bill.

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HB 2192 -- Report by Committee on General Shields; attending legislative business, 4 – Carter, Government recommending passage of the A- Morse, Nelson, Schrader. Confirmed en bloc. Engrossed bill. Atkinson moved that the Senate confirm the HB 2195 -- Report by Committee on Business Governor’s appointment of Nancy Chi to the Oregon and Economic Development recommending passage of Patient Safety Commission Board of Directors. On the B-Engrossed bill. confirmation the vote was: Ayes, 25; excused, 1 – Shields; attending legislative business, 4 – Carter, HB 2216 -- Report by Committee on General Morse, Nelson, Schrader. Confirmed. Government recommending passage of the A- Engrossed bill. Courtney moved that the Senate confirm the Governor’s appointment of Julia Hurlburt to the HB 2219 -- Report by Committee on General Psychiatric Security Review Board. On confirmation Government recommending passage. the vote was: Ayes, 25; excused, 1 – Shields; HB 2253 -- Report by Committee on General attending legislative business, 4 – Carter, Morse, Government recommending passage. Nelson, Schrader. Confirmed. HB 2311 -- Report by Committee on Commerce Ferrioli moved that the Senate confirm the recommending passage of the A-Engrossed bill. Governor’s appointment and reappointment of Andrew Bentz to the Board on Public Safety HB 2371 -- Report by Committee on Business Standards and Training. On confirmation the vote and Economic Development recommending passage was: Ayes, 25; excused, 1 – Shields; attending with amendments to the A-Engrossed bill. legislative business, 4 – Carter, Morse, Nelson, HB 2372 -- Report by Committee on Business Schrader. Confirmed. and Economic Development recommending passage of Atkinson moved that the Senate confirm the the A-Engrossed bill. Governor’s reappointment of John Savage to the HB 2405 -- Report by Committee on Commerce Public Utility Commission. On confirmation the vote recommending passage of the A-Engrossed bill. was: Ayes, 25; excused, 1 – Shields; attending legislative business, 4 – Carter, Morse, Nelson, HB 3097 -- Report by Committee on Business Schrader. Confirmed. and Economic Development recommending passage. Atkinson moved that the Senate confirm the Ringo moved that the Senate confirm en bloc the Governor’s appointment of Francis Charbonnier to Governor’s appointments of Kenneth Fry (r), Larry the Teacher Standards and Practices Commission. Jones (r) and Jason Landon to the State On confirmation the vote was: Ayes, 23; nays, 2 – Apprenticeship and Training Council. On Beyer, Kruse; excused, 1 – Shields; attending confirmation the vote was: Ayes, 25; excused, 1 – legislative business, 4 – Carter, Morse, Nelson, Shields; attending legislative business, 4 – Carter, Schrader. Confirmed. Morse, Nelson, Schrader. Confirmed en bloc. Ringo moved that the Senate confirm en bloc the Ferrioli moved that the Senate confirm en bloc Governor’s appointments of C. Carl Califano, Bob the Governor’s appointments of Melissa Grant (r) and Craft (r), Charles Karns, Linda Mock (r) and James Jill Mason to the Oregon Board of Dentistry. On Paulson to the State Workforce Investment Board. confirmation the vote was: Ayes, 25; excused, 1 – On confirmation the vote was: Ayes, 25; excused, 1 – Shields; attending legislative business, 4 – Carter, Shields; attending legislative business, 4 – Carter, Morse, Nelson, Schrader. Confirmed en bloc. Morse, Nelson, Schrader. Confirmed en bloc. Verger moved that the Senate confirm en bloc SB 198, 211, 566, 920 -- Read second time and the Governor’s appointments of Bob Montgomery (r) passed to third reading. and George Tinker to the State Marine Board. On confirmation the vote was: Ayes, 25; excused, 1 – SB 363 A-Eng. -- Read third time. Carried by Shields; attending legislative business, 4 – Carter, George. On passage of bill the vote was: Ayes, 25; Morse, Nelson, Schrader. Confirmed en bloc. excused, 1 – Shields; attending legislative business, 4 – Carter, Morse, Nelson, Schrader. Bill passed. Ferrioli moved that the Senate confirm en bloc the Governor’s appointments of Douglas Kirkpatrick SB 477 A-Eng. -- Read third time. Carried by and John Stiger (r) to the Board of Medical Walker. On passage of bill the vote was: Ayes, 16; Examiners. On confirmation the vote was: Ayes, 25; nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse, excused, 1 – Shields; attending legislative business, 4 Starr, B., Starr, C., Whitsett, Winters; excused, 1 – – Carter, Morse, Nelson, Schrader. Confirmed en Shields; attending legislative business, 4 – Carter, bloc. Morse, Nelson, Schrader. Bill passed. Verger moved that the Senate confirm en bloc Senate at ease. Senate reassembled. the Governor’s appointments of Jim Bergeron, Paul SB 563 A-Eng. -- Read third time. Carried by Engelmeyer, Robin Hartmann, David Hatch, Onno Beyer. On passage of bill the vote was: Ayes, 23; Husing, Scott McMullen, Bradley Pettinger, James nays, 1 – Johnson; excused, 1 – Shields; attending Pex, Fred Sickler, and Frank Warrens to the Ocean legislative business, 5 – Carter, Morse, Nelson, Policy Advisory Council. On confirmation the vote Schrader, Starr, B. Bill passed. was: Ayes, 23; nays, 2 – Ferrioli, Kruse; excused, 1 – SENATE JOURNAL SJ-109

SB 643 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Deckert. On passage of bill the vote was: Ayes, 23; by order of the President. nays, 1 – Whitsett; excused, 1 – Shields; attending legislative business, 5 – Carter, Morse, Nelson, SB 208 -- Report by Committee on Judiciary Schrader, Starr, B. Bill passed. recommending passage with amendments. SB 688 A-Eng. -- Read third time. Carried by SB 216 -- Report by Committee on Judiciary Ringo. On passage of bill the vote was: Ayes, 25; recommending passage with amendments. excused, 1 – Shields; attending legislative business, 4 SB 352 -- Report by Committee on Environment – Carter, Nelson, Schrader, Starr, B. Bill passed. and Land Use recommending passage with Morse, attending legislative business when roll called, amendments and requesting referral to Committee on granted unanimous consent to be recorded as voting Ways and Means. Referred to Committee on aye. Ways and Means by order of the President. SB 861 A-Eng. -- Read third time. Carried by SB 492 -- Report by Committee on Judiciary Whitsett. Call of the Senate demanded by Verger recommending passage with amendments. joined by Gordly and Burdick. All present except Shields, excused; Carter, Morse, Nelson, Schrader, SB 670 -- Report by Committee on Commerce attending legislative business. Potential conflict of recommending passage with amendments. interest declared by Winters. On passage of bill the SB 882 -- Report by Committee on Health vote was: Ayes, 18; nays, 8 – Atkinson, Beyer, Policy recommending passage with amendments and Ferrioli, Kruse, Starr, B., Starr, C., Westlund, requesting subsequent referral to Committee on Ways Winters; excused, 1 – Shields; attending legislative and Means be rescinded. Subsequent referral to business, 3 – Morse, Nelson, Schrader. Bill passed. Committee on Ways and Means rescinded by order of Carter, attending legislative business when roll the President. called, granted unanimous consent to be recorded as voting aye. SB 1011 -- Report by Committee on Judiciary recommending passage. SB 1033 -- Carried over to April 27 calendar by unanimous consent at the request of the Chair. HCR 7 -- Report by Committee on Judiciary recommending adoption. HB 2008, 2125, 2246, 2490, 2882, 3016, 3088, 3089 -- Read first time and referred to President’s HB 2259 -- Report by Committee on General desk. Government recommending passage. HB 2030, 2053, 2085, 2091, 2092, 2093, 2118, HB 2438 -- Report by Committee on 2119, 2124, 2192, 2195, 2216, 2219, 2253, 2311, 2372, Environment and Land Use recommending passage. 2405, 3097 -- Read second time and passed to third reading. HB 2498 -- Report by Committee on Human Services recommending passage with amendments to HB 2422, 2448, 2451 -- Carried over to April 27 the A-Engrossed bill. calendar by unanimous consent at the request of the Chair. SB 1056, 1057, 1058 -- Introduced, read first time and referred to President’s desk. Senate adjourned until 10:30 a.m. Wednesday by unanimous consent at the request of the Chair. SB 229, 304, 747, 782, 929, 1011 -- Read second time and passed to third reading. Wednesday, April 27, 2005 -- Morning Session SB 1033 -- Taken from today’s third reading calendar and placed on April 28 calendar by Senate convened at 10:30 a.m. President unanimous consent on motion of Brown. Courtney in Chair. The following members were SB 198 -- Moved to the foot of today's third present: Atkinson, Bates, Beyer, Brown, Deckert, reading calendar by unanimous consent at the Ferrioli, George, Gordly, Johnson, Kruse, Metsger, request of the Chair. Monnes Anderson, Morrisette, Prozanski, Ringo, Starr, B., Starr, C., Verger, Walker, Westlund, SB 211 A-Eng. -- Read third time. Carried by Whitsett, Winters; excused -- Burdick, Shields; Metsger. On passage of bill the vote was: Ayes, 18; attending legislative business -- Carter, Devlin, nays, 6 – Beyer, Ferrioli, George, Kruse, Starr, C., Morse, Nelson, Schrader. Colors were posted and the Whitsett; excused, 2 – Burdick, Shields; attending Senate pledged allegiance to the flag. Invocation by legislative business, 4 – Carter, Devlin, Nelson, Pastor Paul Teyler of Gloria Dei Lutheran Church, Schrader. Bill passed. Coos Bay. SB 566 A-Eng. -- Read third time. Carried by HB 2199, 2449, 3151, 3266, 3441 -- Message Morrisette. On passage of bill the vote was: Ayes, 20; from the House announcing passage. nays, 4 – Atkinson, Beyer, Ferrioli, Kruse; excused, 2 – Burdick, Shields; attending legislative business, 4 – HCR 15; HJR 32 -- Message from the House Carter, Devlin, Nelson, Schrader. Bill passed. announcing adoption. SB 920 A-Eng. -- Read third time. Carried by Committee Report Summary No. 57 listing the Ringo. On passage of bill the vote was: Ayes, 23; following reports was distributed to members today. nays, 1 – Starr, B.; excused, 2 – Burdick, Shields;

SJ-110 SENATE JOURNAL attending legislative business, 4 – Carter, Devlin, HB 2119 A-Eng. -- Read third time. Carried by Nelson, Schrader. Bill passed. Starr, B. On passage of bill the vote was: Ayes, 25; excused, 2 – Burdick, Shields; attending legislative SB 198 A-Eng. -- Read third time. Carried by business, 3 – Nelson, Ringo, Schrader. Bill passed. Walker. On passage of bill the vote was: Ayes, 23; excused, 3 – Burdick, Deckert, Shields; attending HB 2124 A-Eng. -- Read third time. Carried by legislative business, 4 – Carter, Devlin, Nelson, Whitsett. On passage of bill the vote was: Ayes, 26; Schrader. Bill passed. excused, 2 – Burdick, Shields; attending legislative business, 2 – Nelson, Ringo. Bill passed. HCR 15; HJR 32; HB 2199, 2449, 3151, 3266, 3441 -- Read first time and referred to President’s HB 2192 A-Eng. -- Read third time. Carried by desk. Verger. On passage of bill the vote was: Ayes, 24; excused, 3 – Burdick, Shields, Winters; attending HCR 7; HB 2259, 2371, 2438 -- Read second legislative business, 3 – Johnson, Nelson, Ringo. Bill time and passed to third reading. passed. HB 2422 A-Eng. -- Read third time. Carried by HB 2195 B-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 24; Metsger. On passage of bill the vote was: Ayes, 23; nays, 1 – Ringo; excused, 2 – Burdick, Shields; absent, 1 – Carter; excused, 3 – Burdick, Shields, attending legislative business, 3 – Carter, Nelson, Winters; attending legislative business, 3 – Johnson, Schrader. Bill passed. Nelson, Ringo. Bill passed. HB 2448 -- Read third time. Carried by Starr, HB 2216 A-Eng. -- Read third time. Carried by C. On passage of bill the vote was: Ayes, 25; excused, Verger. Potential conflict of interest declared by 2 – Burdick, Shields; attending legislative business, 3 Verger. On passage of bill the vote was: Ayes, 24; – Carter, Nelson, Schrader. Bill passed. excused, 3 – Burdick, Shields, Winters; attending HB 2451 A-Eng. -- Read third time. Carried by legislative business, 3 – Johnson, Nelson, Ringo. Bill George. On passage of bill the vote was: Ayes, 25; passed. excused, 2 – Burdick, Shields; attending legislative HB 2219 -- Read third time. Carried by Verger. business, 3 – Carter, Nelson, Schrader. Bill passed. Potential conflict of interest declared by Verger. On HB 2030 A-Eng. -- Read third time. Carried by passage of bill the vote was: Ayes, 25; excused, 3 – Walker. On passage of bill the vote was: Ayes, 25; Burdick, Shields, Winters; attending legislative excused, 2 – Burdick, Shields; attending legislative business, 2 – Johnson, Nelson. Bill passed. business, 3 – Carter, Nelson, Schrader. Bill passed. HB 2253 -- Read third time. Carried by HB 2053 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 25; Walker. On passage of bill the vote was: Ayes, 22; excused, 3 – Burdick, Shields, Winters; attending nays, 2 – Atkinson, Beyer; excused, 2 – Burdick, legislative business, 2 – Johnson, Nelson. Bill passed. Shields; attending legislative business, 4 – Carter, HB 2311 A-Eng. -- Read third time. Carried by Gordly, Nelson, Schrader. Bill passed. Ringo. On passage of bill the vote was: Ayes, 24; HB 2085 -- Read third time. Carried by nays, 1 – Verger; excused, 3 – Burdick, Shields, Atkinson. On passage of bill the vote was: Ayes, 24; Winters; attending legislative business, 2 – Johnson, excused, 2 – Burdick, Shields; attending legislative Nelson. Bill passed. business, 4 – Carter, Gordly, Nelson, Schrader. Bill HB 2372 A-Eng. -- Read third time. Carried by passed. Atkinson. On passage of bill the vote was: Ayes, 25; HB 2091 A-Eng. -- Read third time. Carried by excused, 3 – Burdick, Shields, Winters; attending Whitsett. On passage of bill the vote was: Ayes, 23; legislative business, 2 – Johnson, Nelson. Bill passed. nays, 1 – Verger; excused, 2 – Burdick, Shields; HB 2405 A-Eng. -- Read third time. Carried by attending legislative business, 4 – Atkinson, Carter, Prozanski. On passage of bill the vote was: Ayes, 25; Nelson, Schrader. Bill passed. excused, 3 – Burdick, Shields, Winters; attending HB 2092 A-Eng. -- Read third time. Carried by legislative business, 2 – Johnson, Nelson. Bill passed. Verger. On passage of bill the vote was: Ayes, 24; HB 3097 -- Read third time. Carried by Starr, excused, 2 – Burdick, Shields; attending legislative B. On passage of bill the vote was: Ayes, 25; excused, business, 4 – Atkinson, Carter, Nelson, Schrader. Bill 3 – Burdick, Shields, Winters; attending legislative passed. business, 2 – Johnson, Nelson. Bill passed. HB 2093 -- Read third time. Carried by Beyer. The following measures were referred to On passage of bill the vote was: Ayes, 23; excused, 2 – committee on April 26 and recorded on Committee Burdick, Shields; attending legislative business, 5 – Referral List No. 35 which was distributed to Atkinson, Carter, Nelson, Ringo, Schrader. Bill members. Referral list recorded in the Journal and passed. Status Report by order of the President. HB 2118 -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 25; excused, SB 1049 Revenue 2 – Burdick, Shields; attending legislative business, 3 SB 1050 Judiciary – Nelson, Ringo, Schrader. Bill passed. HJM 28 Environment and Land Use HB 2179 Business and Economic Development SENATE JOURNAL SJ-111

HB 2197 Revenue Thursday, April 28, 2005 -- Morning Session HB 2257 Revenue HB 2294 Commerce Senate convened at 10:30 a.m. President HB 2500 Rules Courtney in Chair. The following members were HB 2579 Business and Economic Development present: Atkinson, Bates, Beyer, Brown, Burdick, HB 2718 Commerce Carter, Deckert, Devlin, Ferrioli, George, Gordly, Kruse, Metsger, Monnes Anderson, Morrisette, HB 2740 Commerce Prozanski, Schrader, Starr, B., Starr, C., Verger, HB 2774 Rules Walker, Westlund, Whitsett, Winters; excused -- HB 2806 Rules Shields; attending legislative business -- Johnson, HB 2881 Environment and Land Use Morse, Nelson, Ringo. Colors were posted and the HB 2979 Business and Economic Development Senate pledged allegiance to the flag. Invocation by Senator Bruce Starr, Aloha. HB 2980 Judiciary HB 2981 Business and Economic Development HB 2282, 2739, 2878, 3047, 3273, -- Message HB 2982 Judiciary from the House announcing passage. HB 3061 Business and Economic Development SCR 3 -- Message from the House announcing HB 3117 Environment and Land Use adoption. HB 3127 Rules Committee Report Summary No. 58 listing the HB 3232 Revenue following reports was distributed to members today. HB 3262 Rules Summary list recorded in Journal and Status Report HB 3349 Environment and Land Use by order of the President. HB 3359 Revenue SB 27 -- Report by Committee on Rules, signed by Brown, Chair, recommending passage with State Board of Chiropractic Examiners (ORS 684.130) amendments. Minority Report, signed by Ferrioli, Atkinson, recommending passage with different Joyce McClure Rules amendments. Estelle Parker-Kent Rules SB 128 -- Report by Committee on Judiciary Michael Vissers Rules recommending passage. SB 844 -- Report by Committee on Judiciary Board of Examiners of Nursing Home Administrators recommending passage with amendments. (ORS 678.800) HB 2034 -- Report by Committee on Revenue Jim Bagley (r) Rules recommending passage. Margaret Clark Rules Larry Davy Rules HB 2114 -- Report by Committee on Transportation recommending passage of the A- Kathleen Elias (r) Rules Engrossed bill. Kathleen Elias Rules HB 2223 -- Report by Committee on Transportation recommending passage.

Board of Directors of State Accident Insurance Fund HB 2460 -- Report by Committee on Business Corporation (ORS 656.751) and Economic Development recommending passage. Catherine Travis Rules HB 2590 -- Report by Committee on Business and Economic Development recommending passage of Robb Van Cleave Rules the A-Engrossed bill.

Water Resources Commission (ORS 536.022) HB 2738 -- Report by Committee on Transportation recommending passage. Charles Barlow Rules Mary Meloy Rules HB 2825 -- Report by Committee on Transportation recommending passage. Gary Reed Rules Susie Smith (r) Rules Report by Committee on Rules recommending Jay Rasmussen (r) Rules that the Governor’s appointments of Kathryn Weit, Laurie Theodorou and Kevin Olson to the Health John Jackson Rules Services Commission be confirmed en bloc.

State Workforce Investment Board (ORS 660.321) SB 128, 208, 216, 492, 670, 882 -- Read second time and passed to third reading. David Williams Rules SB 304, 1011; HB 2497 -- Taken from today’s Senate adjourned until 10:30 a.m. on Thursday third reading calendar and placed on May 2 calendar by unanimous consent at the request of the Chair. by voice vote on motion of Brown.

SJ-112 SENATE JOURNAL

SB 1033 -- Taken from today's third reading Senate adjourned until 10:30 a.m. Monday by calendar and rereferred to Committee on Rules by unanimous consent at the request of the Chair. voice vote on motion of Brown. SB 229 A-Eng. -- Read third time. Carried by Monday, May 2, 2005 -- Morning Session Walker. On passage of bill the vote was: Ayes, 25; excused, 1 – Shields; attending legislative business, 4 Senate convened at 10:30 a.m. President – Johnson, Morse, Nelson, Ringo. Bill passed. Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, SB 747 A-Eng. -- Read third time. Carried by Carter, Devlin, Gordly, Johnson, Kruse, Monnes Deckert. Call of the Senate demanded by Deckert Anderson, Morrisette, Morse, Nelson, Ringo, joined by Brown and Metsger. All present except, Schrader, Shields, Starr, B., Starr, C., Verger, Shields, excused; Morse, Nelson, Ringo, attending Walker, Westlund, Whitsett, Winters; attending legislative business. Pending arrival of members legislative business -- Deckert, Ferrioli, George, subject to the Call, Senate at ease. All present except Metsger, Prozanski. Colors were posted and the Morse, Nelson, Ringo, attending legislative business. Senate pledged allegiance to the flag. Invocation by Senate reassembled. On passage of bill the vote was: Senator Joanne Verger, Coos Bay. Musical Ayes, 18; nays, 9 – Atkinson, Beyer, Ferrioli, George, performance by Aaron Johnson of Sunset Middle Gordly, Kruse, Starr, B., Whitsett, Winters; School, Coos Bay, and Dustin Dillon of Myrtle Point attending legislative business, 3 – Morse, Nelson, Junior High, Myrtle Point. Ringo. Bill passed. HB 2389, 2484, 2705, 2969, 3091, 3304, 3318 -- SB 782 A-Eng. -- Read third time. Carried by Message from the House announcing passage. Morrisette. On passage of bill the vote was: Ayes, 23; nays, 3 – Beyer, Monnes Anderson, Schrader; Committee Report Summary No. 59 listing the excused, 1 – Shields; attending legislative business, 3 following reports was distributed to members today. – Ferrioli, Morse, Nelson. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 929 A-Eng. -- Read third time. Carried by Starr, B. Call of the Senate demanded by Starr, B. SB 234 -- Report by Committee on Judiciary joined by Verger and Gordly. All present except, recommending passage with amendments. Morse, Nelson, attending legislative business. SB 333 -- Report by Committee on Judiciary, Pending arrival of members subject to the Call, signed by Burdick, Chair, recommending passage Senate at ease. All present. Senate reassembled. On with amendments. Minority Report, signed by Beyer, passage of bill the vote was: Ayes, 23; nays, 7 – Whitsett, recommending passage with different Atkinson, Burdick, Deckert, Gordly, Ringo, Shields, amendments. Walker. Bill passed. SB 471 -- Report by Committee on General HB 2282, 2739, 2878, 3047, 3273 -- Read first Government recommending passage. Referred to time and referred to President’s desk. Committee on Ways and Means by order of the HB 2034, 2114, 2223, 2460, 2498, 2590, 2738, President. 2825 -- Read second time and passed to third SB 548 -- Report by Committee on Judiciary reading. recommending passage with amendments. HCR 7 -- Read final time. Carried by Burdick. SB 824 -- Report by Committee on Health On adoption of resolution, the vote was: Ayes, 26; Policy without recommendation as to passage, but nays, 2 – Kruse, Schrader; excused, 1 – Shields; with amendments and requesting referral to attending legislative business, 1 – Atkinson. Committee on Ways and Means. Referred to Resolution adopted. Committee on Ways and Means by order of the HB 2259, 2371, 2438 -- Carried over to May 2 President. calendar by unanimous consent at the request of the SB 1027 -- Report by Committee on Chair. Transportation recommending passage. President Courtney announced that the SB 1035 -- Report by Committee on Health following committees are deactivated effective April Policy recommending passage. 29. SB 1039 -- Report by Committee on Education Business and Economic Development and Workforce recommending passage. Commerce HCR 1 -- Report by Committee on Education Education and Workforce and Workforce recommending adoption of the A- Engrossed resolution. Environment and Land Use General Government HCR 8 -- Report by Committee on Rules recommending adoption of the A-Engrossed Health Policy resolution. Human Services HJR 3 -- Report by Committee on Rules Transportation recommending adoption. SENATE JOURNAL SJ-113

HJR 16 -- Report by Committee on Rules placed on May 3 calendar by voice vote on motion of recommending adoption. Ringo. HJR 27 -- Report by Committee on Rules SB 492 A-Eng. -- Read third time. Carried by recommending adoption. Burdick. On passage of bill the vote was: Ayes, 24; nays, 4 – Beyer, George, Kruse, Schrader; attending HB 2106 -- Report by Committee on legislative business, 2 – Ferrioli, Walker. Bill passed. Transportation recommending passage of the A- Engrossed bill. SB 670 -- Taken from today’s third reading calendar and placed on May 3 calendar by voice vote HB 2111 -- Report by Committee on on motion of Prozanski. Environment and Land Use recommending passage. SB 882 -- Moved to the foot of today's third HB 2170 -- Report by Committee on reading calendar by unanimous consent at the Environment and Land Use recommending passage of request of Monnes Anderson. the A-Engrossed bill. HB 2389, 2484, 2705, 2969, 3091, 3304, 3318 -- HB 2267 -- Report by Committee on Read first time and referred to President’s desk. Transportation recommending passage. HCR 1, 8; HJR 3, 16, 27; HB 2106, 2111, 2170, HB 2443 -- Report by Committee on Education 2267 -- Read second time and passed to third and Workforce recommending passage with reading. amendments. HB 2259 -- Read third time. Carried by George. HB 2741 -- Report by Committee on On passage of bill the vote was: Ayes, 27; nays, 1 – Transportation recommending passage with Schrader; attending legislative business, 2 – Ferrioli, amendments to the A-Engrossed bill. Walker. Bill passed. SB 1011 -- Taken from today’s third reading HB 2371 B-Eng. -- Read third time. Carried by calendar and rereferred to Committee on Judiciary by Starr, B. On passage of bill the vote was: Ayes, 28; voice vote on motion of Burdick. attending legislative business, 2 – Ferrioli, Walker. Brown moved that the Senate confirm en bloc Bill passed. the Governor’s appointments of Kevin Olson, Laurie HB 2438 -- Read third time. Carried by Theodorou and Kathryn Weit to the Health Services Atkinson. On passage of bill the vote was: Ayes, 27; Commission. On confirmation the vote was: Ayes, excused, 1 – Winters; attending legislative business, 2 23; nays, 2 – Beyer, Kruse; attending legislative – Ferrioli, Walker. Bill passed. business, 5 – Deckert, Ferrioli, George, Metsger, Prozanski. Confirmed en bloc. HB 2034 -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 25; SB 1059 -- Introduced, read first time and nays, 2 – Beyer, Kruse; excused, 1 – Winters; referred to President’s desk. attending legislative business, 2 – Ferrioli, Walker. SB 27, 844, 1027, 1035, 1039 -- Read second Bill passed. time and passed to third reading. HB 2114 A-Eng. -- Read third time. Carried by Senate recessed by unanimous consent on Prozanski. On passage of bill the vote was: Ayes, 27; motion of Brown. excused, 1 – Winters; attending legislative business, 2 – Ferrioli, Walker. Bill passed. Senate reconvened at 11:20 a.m. President Courtney in Chair. All present except Ferrioli, HB 2223 -- Read third time. Carried by attending legislative business. Metsger. On passage of bill the vote was: Ayes, 23; nays, 4 – Atkinson, George, Ringo, Shields; excused, 1 Senate, having recessed following the order of – Winters; attending legislative business, 2 – Ferrioli, Second Readings of Senate Measures, resumed under Walker. Bill passed. the general order of business by unanimous consent at the request of the Chair. HB 2460 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 27; SB 128 -- Read third time. Carried by Starr, C. excused, 1 – Winters; attending legislative business, 2 On passage of bill the vote was: Ayes, 29; attending – Ferrioli, Walker. Bill passed. legislative business, 1 – Ferrioli. Bill passed. HB 2497, 2498 -- Taken from today’s third SB 208 A-Eng. -- Read third time. Carried by reading calendar and placed on May 3 calendar by Burdick. On passage of bill the vote was: Ayes, 21; unanimous consent on motion of Brown. nays, 7 – Atkinson, Beyer, George, Kruse, Nelson, Starr, B., Whitsett; attending legislative business, 2 – HB 2590 A-Eng. -- Read third time. Carried by Ferrioli, Walker. Bill passed. Monnes Anderson. On passage of bill the vote was: Ayes, 27; excused, 1 – Winters; attending legislative SB 216 -- Rereferred to Committee on Judiciary business, 2 – Ferrioli, Walker. Bill passed. by voice vote on motion of Burdick. HB 2738, 2825 -- Carried over to May 3 SB 304 -- Read third time. Carried by Ringo. calendar by unanimous consent at the request of the Taken from today’s third reading calendar and Chair.

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SB 882 -- Carried over to May 3 calendar by Committee Report Summary No. 60 listing the unanimous consent at the request of the Chair. following reports was distributed to members today. Summary list recorded in Journal and Status Report The following measures were referred to by order of the President. committee on April 29 and recorded on Committee Referral List No. 36 which was distributed to SB 37 -- Report by Committee on Commerce members. Referral list recorded in the Journal and recommending passage with amendments to the A- Status Report by order of the President. Engrossed bill. SB 1051 Rules; Ways and Means SB 490 -- Report by Committee on Health SB 1052 Rules Policy recommending passage with amendments to the A-Engrossed bill. SB 1053 Ways and Means SB 1054 Rules SB 495 -- Report by Committee on Judiciary SB 1055 Environment and Land Use recommending passage. SB 1056 Commerce SB 541 -- Report by Committee on Health SB 1057 Commerce Policy recommending passage with amendments to SB 1058 Business and Economic Development the A-Engrossed bill. HCR 15 Rules SB 542 -- Report by Committee on Environment HJM 2 Rules and Land Use recommending passage with HJR 29 Business and Economic Development amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. HJR 32 Rules Subsequent referral to Committee on Ways and HJR 50 Rules Means rescinded by order of the President. HB 2008 Business and Economic Development SB 644 -- Report by Committee on Commerce, HB 2125 Commerce signed by Prozanski, Chair, recommending passage. HB 2199 Rules Minority Report, signed by Whitsett, Beyer, HB 2246 Rules recommending passage with amendments. HB 2282 Judiciary SB 659 -- Report by Committee on Environment HB 2449 Revenue and Land Use recommending passage with HB 2490 Rules amendments and requesting referral to Committee on HB 2739 Rules Ways and Means. Referred to Committee on Ways HB 2878 Rules and Means by order of the President. HB 2882 Environment and Land Use SB 740 -- Report by Committee on Environment HB 2937 Rules and Land Use recommending passage with HB 3016 Business and Economic Development amendments. Referred to Committee on Ways and Means by prior reference. HB 3047 Rules HB 3088 Business and Economic Development SB 765 -- Report by Committee on Education HB 3089 Business and Economic Development and Workforce recommending passage with amendments and requesting subsequent referral to HB 3151 Rules Committee on Revenue be rescinded, and be referred HB 3266 Judiciary to Committee on Ways and Means. Subsequent HB 3273 Business and Economic Development referral to Committee on Revenue rescinded and HB 3441 Rules referred to Committee on Ways and Means by order of the President. Senate adjourned until 10:30 a.m. Tuesday by unanimous consent at the request of the Chair. SB 818 -- Report by Committee on Human Services recommending passage with amendments Tuesday, May 3, 2005 -- Morning Session and requesting subsequent referral to Committee on Ways and Means be rescinded. Subsequent referral to Committee on Ways and Means rescinded by order of Senate convened at 10:30 a.m. President the President. Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, SB 819 -- Report by Committee on Health Carter, Devlin, Gordly, Johnson, Kruse, Monnes Policy recommending passage with amendments. Anderson, Morrisette, Morse, Nelson, Ringo, Referred to Committee on Ways and Means by prior Schrader, Starr, B., Verger, Walker, Whitsett, reference. Winters; excused -- Westlund; attending legislative business -- Deckert, Ferrioli, George, Metsger, SB 895 -- Report by Committee on Human Prozanski, Shields, Starr, C. Colors were posted and Services recommending passage with amendments. the Senate pledged allegiance to the flag. Invocation SB 913 -- Report by Committee on Judiciary by Pastor Dave Pederson of Trinity Lutheran Church, recommending passage with amendments. Dallas. SB 944 -- Report by Committee on Commerce HB 2105, 2283, 2545, 2946, 3223, 3459 -- recommending passage with amendments. Message from the House announcing passage. SENATE JOURNAL SJ-115

SB 970 -- Report by Committee on Commerce SB 1035 -- Read third time. Carried by Kruse. recommending passage. On passage of bill the vote was: Ayes, 27; excused, 1 – Westlund; attending legislative business, 2 – Ferrioli, SB 1007 -- Report by Committee on Shields. Bill passed. Transportation recommending passage. SB 1039 -- Read third time. Carried by SB 1044 -- Report by Committee on Morrisette. On passage of bill the vote was: Ayes, 24; Environment and Land Use recommending passage. nays, 3 – Johnson, Starr, B., Verger; excused, 1 – HB 2176 -- Report by Committee on Westlund; attending legislative business, 2 – Ferrioli, Environment and Land Use recommending passage of Shields. Bill passed. the A-Engrossed bill. HB 2105, 2283, 2545, 2946, 3223, 3459 -- Read HB 2328 -- Report by Committee on first time and referred to President’s desk. Environment and Land Use recommending passage of HB 2176, 2328, 2370, 2439, 2443, 2578, 2595, the A-Engrossed bill. 2637, 2719, 2741 -- Read second time and passed to HB 2370 -- Report by Committee on Judiciary third reading. recommending passage of the A-Engrossed bill. HB 2738 -- Read third time. Carried by Starr, HB 2439 -- Report by Committee on Business B. On passage of bill the vote was: Ayes, 24; nays, 3 – and Economic Development recommending passage. Beyer, Kruse, Schrader; excused, 1 – Westlund; attending legislative business, 2 – Ferrioli, Shields. HB 2578 -- Report by Committee on Business Bill passed. and Economic Development recommending passage of the A-Engrossed bill. HB 2825 -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 27; HB 2595 -- Report by Committee on excused, 1 – Westlund; attending legislative business, Environment and Land Use recommending passage. 2 – Ferrioli, Shields. Bill passed. HB 2637 -- Report by Committee on Business HCR 1 A-Eng. -- Read final time. Carried by and Economic Development recommending passage of Starr, C. On adoption of resolution, the vote was: the A-Engrossed bill. Ayes, 27; nays, 1 – Schrader; excused, 1 – Westlund; HB 2719 -- Report by Committee on Business attending legislative business, 1 – Ferrioli. and Economic Development recommending passage of Resolution adopted. the A-Engrossed bill. HCR 8 A-Eng. -- Read final time. Carried by SB 27 -- Consideration of Committee and Beyer. On adoption of resolution, the vote was: Ayes, Minority Reports taken from today’s calendar and 26; nays, 1 – Schrader; excused, 2 – Carter, Westlund; placed on May 9 calendar by voice vote on motion of attending legislative business, 1 – Ferrioli. Brown. Resolution adopted. SB 304 -- Taken from today’s third reading HJR 3 -- Read final time. Carried by Atkinson. calendar and rereferred to Committee on Judiciary by On adoption of resolution, the vote was: Ayes, 25; voice vote on motion of Burdick. nays, 3 – Beyer, George, Schrader; excused, 1 – Westlund; attending legislative business, 1 – Ferrioli. SB 234, 333, 495, 548, 970, 1007, 1044 -- Read Resolution adopted. second time and passed to third reading. HJR 16 -- Read final time. Carried by Brown. SB 882 A-Eng. -- Read third time. Carried by On adoption of resolution, the vote was: Ayes, 24; Monnes Anderson. On passage of bill the vote was: nays, 3 – Beyer, Kruse, Schrader; excused, 1 – Ayes, 26; excused, 1 – Westlund; attending legislative Westlund; attending legislative business, 2 – Ferrioli, business, 3 – Ferrioli, Metsger, Shields. Bill passed. Ringo. Resolution adopted. SB 670 A-Eng. -- Bill read. Carried by Walker. HJR 27 -- Read final time. Carried by Whitsett. On passage of bill the vote was: Ayes, 27; excused, 1 – On adoption of resolution, the vote was: Ayes, 26; Westlund; attending legislative business, 2 – Ferrioli, nays, 1 – Schrader; excused, 1 – Westlund; attending Shields. Bill passed. legislative business, 2 – Ferrioli, Ringo. Resolution adopted. SB 844 A-Eng. -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 23; HB 2106 A-Eng. -- Read third time. Carried by nays, 4 – Beyer, Kruse, Nelson, Whitsett; excused, 1 – Whitsett. On passage of bill the vote was: Ayes, 26; Westlund; attending legislative business, 2 – Ferrioli, absent, 1 – Deckert; excused, 1 – Westlund; attending Shields. Bill passed. legislative business, 2 – Ferrioli, Ringo. Bill passed. SB 1027 -- Read third time. Carried by Walker. HB 2111 -- Read third time. Carried by Beyer. Potential conflict of interest declared by Kruse, On passage of bill the vote was: Ayes, 27; excused, 1 – Nelson. On passage of bill the vote was: Ayes, 21; Westlund; attending legislative business, 2 – Ferrioli, nays, 6 – Atkinson, Beyer, Johnson, Kruse, Morse, Ringo. Bill passed. Nelson; excused, 1 – Westlund; attending legislative business, 2 – Ferrioli, Shields. Bill passed. HB 2170 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 27;

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excused, 1 – Westlund; attending legislative business, Referred to Committee on Rules by order of the 2 – Ferrioli, Ringo. Bill passed. President and then to Committee on Ways and Means by prior reference. HB 2267 -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 27; Committee Report Summary No. 62 listing the excused, 1 – Westlund; attending legislative business, following reports was distributed to members today. 2 – Ferrioli, Ringo. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 2497 -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 26; nays, 1 – SB 171 -- Report by Committee on Revenue George; excused, 1 – Westlund; attending legislative recommending passage with amendments to the A- business, 2 – Ferrioli, Ringo. Bill passed. Engrossed bill. HB 2498 B-Eng. -- Read third time. Carried by SB 324 -- Report by Committee on Judiciary Winters. On passage of bill the vote was: Ayes, 26; recommending passage with amendments. excused, 1 – Westlund; attending legislative business, 3 – Ferrioli, Ringo, Shields. Bill passed. SB 640 -- Report by Committee on Transportation without recommendation as to President Courtney announced the following passage and requesting referral to Committee on committee assignments effective immediately. Rules. Referred to Committee on Rules by order of the President and then to Committee on Ways and Means SPECIAL COMMITTEE ON BUDGET by prior reference. Senator Kurt Schrader, Chair SB 947 -- Report by Committee on Judiciary Senator Margaret Carter, Vice-Chair recommending passage with amendments. Senator Alan Bates Senator Richard Devlin SB 965 -- Report by Committee on Judiciary recommending passage with amendments. Senator Avel Gordly Senator Betsy Johnson SB 1008 -- Report by Committee on Business Senator Frank Morse and Economic Development, signed by Metsger, Senator David Nelson Chair, recommending passage with amendments and Senator Ben Westlund requesting subsequent referrals to Committee on Senator Jackie Winters General Government and Committee on Ways and Means be rescinded. Subsequent referral to Senate adjourned until 10:30 a.m. Wednesday by Committee on General Government and Ways and unanimous consent at the request of the Chair. Means rescinded by order of the President. Minority Report, signed by Atkinson, Starr, B., recommending Wednesday, May 4, 2005 -- Morning Session passage with different amendments. HB 2068 -- Report by Committee on Senate convened at 10:30 a.m. President Transportation recommending passage of the A- Courtney in Chair. The following members were Engrossed bill. present: Atkinson, Bates, Beyer, Brown, Carter, Deckert, Devlin, Gordly, Johnson, Kruse, Metsger, HB 2116 -- Report by Committee on Monnes Anderson, Morrisette, Morse, Nelson, Transportation recommending passage. Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, Senate recessed by unanimous consent on C., Verger, Walker, Westlund, Whitsett, Winters; motion of Brown. excused – Burdick; attending legislative business – Ferrioli, George. Colors were posted and the Senate Senate reconvened at 11:20 a.m. President pledged allegiance to the flag. Invocation by Pastor Courtney in Chair. All present except Burdick, Josh Adams of Woodburn Evangelical, Woodburn. excused; Ferrioli, George, attending legislative Musical performance by the Abiqua Singers business. accompanied by Deborah Butler. Senate, having recessed following the order of HB 2605, 2875 -- Message from the House Reports From Standing Committees, resumed under announcing passage. the general order of business by unanimous consent at the request of the Chair. HCR 7; HJR 8; HJM 8; HM 1; HB 2030, 2053, 2085, 2091, 2092, 2093, 2115, 2118, 2119, 2124, 2177, SB 1007 -- Taken from today's third reading 2178, 2192, 2195, 2201, 2216, 2219, 2243, 2244, 2251, calendar and referred to Special Committee on 2253, 2311, 2372, 2405, 2422, 2426, 2442, 2448, 2451, Budget by voice vote on motion of Starr, B. 2453, 2454, 3097 -- Message from the House announcing the Speaker signed on May 3. SB 333 -- Committee report and minority report read. Ringo moved that the Senate adopt the Committee Report Summary No. 61 listing the committee report. Beyer moved that the minority following reports was distributed to members May 3. report be substituted for the committee report. Summary list recorded in Journal and Status Report by order of the President. SB 333 -- Motion to substitute minority report failed. The vote was: Ayes, 10; nays, 17 – Bates, HB 2005 -- Report by Committee on General Brown, Carter, Deckert, Devlin, Gordly, Johnson, Government without recommendation as to passage, Metsger, Monnes Anderson, Morrisette, Prozanski, and requesting referral to Committee on Rules. SENATE JOURNAL SJ-117

Ringo, Schrader, Shields, Verger, Walker, President Darrell Grant, Professor of Jazz at Portland State Courtney; excused, 1 – Burdick; attending legislative University and Director of Leroy Vinnegar Jazz business, 2 – Ferrioli, George. Motion failed. Institute, Portland. SB 333 -- Bill, as amended by committee report, HB 2518, 2932, 2999 -- Message from the House read third time. Carried by Ringo. On passage of bill announcing passage. the vote was: Ayes, 19; nays, 8 – Atkinson, Beyer, Kruse, Nelson, Starr, B., Starr, C., Whitsett, Winters; HB 2371 -- Message from the House excused, 1 – Burdick; attending legislative business, 2 announcing concurrence in Senate amendments and – Ferrioli, George. Bill passed. repassage. SB 5549, 5550, 5551, 5552, 5553 -- Introduced, Committee Report Summary No. 63 listing the read first time and referred to President’s desk. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 37, 490, 541, 542, 644, 818, 895, 913, 944 -- by order of the President. Read second time and passed to third reading. SB 243 -- Report by Committee on Judiciary SB 234 A-Eng. -- Read third time. Carried by recommending passage with amendments. Walker. On passage of bill the vote was: Ayes, 26; excused, 2 – Burdick, Winters; attending legislative SB 342 -- Report by Committee on Education business, 2 – Ferrioli, George. Bill passed. (Carter in and Workforce recommending passage with Chair) amendments. SB 495 -- Read third time. Carried by Ringo. SB 481 -- Report by Committee on On passage of bill the vote was: Ayes, 23; nays, 3 – Transportation recommending passage with Beyer, Kruse, Nelson; excused, 2 – Burdick, Winters; amendments. attending legislative business, 2 – Ferrioli, George. SB 545 -- Report by Committee on Commerce Bill passed. recommending passage with amendments. SB 548 A-Eng. -- Read third time. Carried by SB 885 -- Report by Committee on Human Prozanski. On passage of bill the vote was: Ayes, 26; Services recommending passage with amendments. excused, 2 – Burdick, Winters; attending legislative business, 2 – Ferrioli, George. Bill passed. HJM 10 -- Report by Committee on General Government recommending adoption. SB 970 -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 26; excused, 2 – HB 2133 -- Report by Committee on General Burdick, Winters; attending legislative business, 2 – Government recommending passage. Ferrioli, George. Bill passed. HB 2135 -- Report by Committee on General SB 1044 -- Read third time. Carried by Government recommending passage. Atkinson. On passage of bill the vote was: Ayes, 26; HB 2161 -- Report by Committee on General excused, 2 – Burdick, Winters; attending legislative Government recommending passage. business, 2 – Ferrioli, George. Bill passed. HB 2173 -- Report by Committee on General HB 2605, 2875 -- Read first time and referred to Government recommending passage with President’s desk. amendments. HB 2068, 2116 -- Read second time and passed HB 2256 -- Report by Committee on Judiciary to third reading. recommending passage. HB 2176, 2328, 2370, 2439, 2443, 2578, 2595, HB 2279 -- Report by Committee on Judiciary 2637, 2719, 2741 -- Carried over to May 5 calendar recommending passage. by unanimous consent at the request of the Chair. HB 2287 -- Report by Committee on Judiciary Senate adjourned until 10:30 a.m. Thursday by recommending passage. unanimous consent at the request of the Chair. HB 2288 -- Report by Committee on Judiciary Thursday, May 5, 2005 -- Morning Session recommending passage. HB 2291 -- Report by Committee on Judiciary Senate convened at 10:30 a.m. President recommending passage. Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Carter, HB 2352 -- Report by Committee on General Deckert, Devlin, Gordly, Johnson, Kruse, Metsger, Government recommending passage. Monnes Anderson, Morrisette, Nelson, Prozanski, HB 2395 -- Report by Committee on General Ringo, Schrader, Shields, Starr, B., Verger, Walker, Government recommending passage of the A- Westlund, Whitsett, Winters; excused -- Burdick, Engrossed bill. Morse, Starr, C.; attending legislative business -- Ferrioli, George. Colors were posted and the Senate HB 2674 -- Report by Committee on General pledged allegiance to the flag. Invocation by Steve Government recommending passage. Kilpatrick, the Northwest Regional Director of Youth with a Mission, Salem. Musical performance by Senate at ease. Senate reassembled.

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SB 541 -- Taken from today's third reading The following measures were referred to calendar and placed on May 9 calendar by voice vote committee on May 4 and recorded on Committee on motion of Monnes Anderson. Referral List No. 37 which was distributed to members. Referral list recorded in the Journal and HB 2370 -- Taken from today’s third reading Status Report by order of the President. calendar and placed on May 6 calendar by voice vote on motion of Beyer. SB 5549 Budget SB 644 -- Committee report and minority report SB 5550 Budget read. Ringo moved that the Senate adopt the SB 5551 Budget committee report. Beyer moved that the minority SB 5552 Budget report be substituted for the committee report. SB 5553 Budget SB 644 -- Motion to substitute minority report Senate adjourned until 8:30 a.m. Friday by failed. The vote was: Ayes, 8; nays, 17 – Bates, unanimous consent at the request of the Chair. Brown, Carter, Deckert, Devlin, Gordly, Johnson, Metsger, Monnes Anderson, Morrisette, Prozanski, Friday, May 6, 2005 -- Morning Session Ringo, Schrader, Shields, Verger, Walker, President Courtney; excused, 3 – Burdick, Morse, Starr, C.; Senate convened at 8:30 a.m. Monnes Anderson attending legislative business, 2 – Ferrioli, George. in Chair. The following members were present: Motion failed. Atkinson, Beyer, Brown, Carter, President Courtney, SB 644 -- Bill, as amended by committee report, Deckert, Devlin, Gordly, Johnson, Kruse, Metsger, read third time. Carried by Ringo. On passage of bill Morrisette, Nelson, Prozanski, Schrader, Shields, the vote was: Ayes, 18; nays, 7 – Atkinson, Beyer, Starr, B., Starr, C., Verger, Walker, Westlund, Kruse, Nelson, Starr, B., Whitsett, Winters; excused, Whitsett, Winters; excused – Burdick, Morse, 3 – Burdick, Morse, Starr, C.; attending legislative Ringo; attending legislative business – Bates, business, 2 – Ferrioli, George. Bill passed. Ferrioli, George. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor SB 5554, 5555, 5556, 5557, 5558, 5559, 5560, Marc Shaw of the Foursquare Church “Evergreen 5561, 5562, 5563, 5564, 5565, 5566, 5567, 5568, 5569, Christian Center,” Hillsboro. 5570, 5571, 5572, 5573, 5574, 5575, 5576, 5577, 5578, 5579, 5580, 5581, 5582, 5583, 5584, 5585, 5586, 5587, HB 2050, 2059, 2061, 2102, 2142, 2306, 2416, 5588 -- Introduced, read first time and referred to 2577, 2840, 3159, 3183, 3461 -- Message from the President’s desk. House announcing passage. SB 171, 324, 947, 965, 1008 -- Read second time Committee Report Summary No. 64 listing the and passed to third reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 37 B-Eng. -- Bill read. Carried by Beyer. by order of the President. On passage of bill the vote was: Ayes, 25; excused, 3 – Burdick, Morse, Starr, C.; attending legislative SB 420 -- Report by Committee on General business, 2 – Ferrioli, George. Bill passed. Government without recommendation as to passage and requesting referral to Committee on Rules. SB 490 B-Eng. -- Read third time. Carried by Referred to Committee on Rules by order of the Monnes Anderson. On passage of bill the vote was: President. Ayes, 25; excused, 3 – Burdick, Morse, Starr, C.; attending legislative business, 2 – Ferrioli, George. SB 500 -- Report by Committee on General Bill passed. (Carter in Chair) Government without recommendation as to passage and requesting referral to Committee on Rules. SB 542 A-Eng. -- Read third time. Carried by Referred to Committee on Rules by order of the Ringo. On passage of bill the vote was: Ayes, 21; President. nays, 4 – Beyer, Kruse, Nelson, Whitsett; excused, 3 – Burdick, Morse, Starr, C.; attending legislative SB 501 -- Report by Committee on Health business, 2 – Ferrioli, George. Bill passed. Policy recommending passage with amendments and requesting subsequent referral to Committee on Ways SB 818, 895, 913, 944 -- Carried over to May 6 and Means be rescinded. Subsequent referral to calendar by unanimous consent at the request of the Committee on Ways and Means rescinded by order of Chair. the President. HB 2518, 2932, 2999 -- Read first time and SB 578 -- Report by Committee on General referred to President’s desk. Government without recommendation as to passage and requesting referral to Committee on Rules. HJM 10; HB 2133, 2135, 2161, 2256, 2279, 2287, Referred to Committee on Rules by order of the 2288, 2291, 2352, 2395, 2674 -- Read second time President. and passed to third reading. SB 680 -- Report by Committee on HB 2116, 2176, 2328, 2370, 2439, 2443, 2578, Transportation recommending passage with 2595, 2637, 2719, 2741, 2068, -- Carried over to May amendments and requesting subsequent referral to 6 calendar by unanimous consent at the request of the Committee on Ways and Means be rescinded. Chair. Subsequent referral to Committee on Ways and Means rescinded by order of the President. SENATE JOURNAL SJ-119

SB 860 -- Report by Committee on Education access preference priced power through the Bonneville and Workforce recommending passage with Power Administration ("BPA"). amendments. “I want to ensure that current recipients of BPA SB 1031 -- Report by Committee on General preference priced power, consumer-owned utilities including municipal owned utilities, are not adversely Government without recommendation as to passage impacted. Many of these entities rely exclusively on BPA and requesting referral to Committee on Rules. for power since they do not have their own generation Referred to Committee on Rules by order of the facilities or access power from other generation facilities. President. ”I also understand that Oregon Community Power will HJM 6 -- Report by Committee on General still be able to purchase BPA power at the residential Government without recommendation as to adoption exchanged rate.” and requesting referral to Committee on Rules. Referred to Committee on Rules by order of the SB 1008 -- Verger requested the following President. explanation of vote be entered into the journal: “I voted ‘yes’ on SB 1008 A only after being assured HB 2214 -- Report by Committee on General that Oregon Community Power may not purchase or accept Government recommending passage with electric energy or capacity sold by the Bonneville Power amendments. Administration. I voted ‘yes’ on SB 1008 A only to give an opportunity for public ownership of PGE if that should be HB 2275 -- Report by Committee on Judiciary desired by Oregon Community Power. I voted in favor of an recommending passage. option.” HB 2474 -- Report by Committee on General SB 243, 342, 481, 545, 885 -- Read second time Government without recommendation as to passage and passed to third reading. and requesting referral to Committee on Rules. Referred to Committee on Rules by order of the SB 818 -- Read third time. Carried by Shields. President. Referred to Committee on Rules by voice vote on motion of Shields. HB 2687 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. SB 895 A-Eng. -- Read third time. Carried by Kruse. On passage of bill the vote was: Ayes, 22; HB 3015 -- Report by Committee on Rules nays, 1 – Monnes Anderson; excused, 4 – Burdick, recommending passage of the A-Engrossed bill. Morrisette, Morse, Ringo; attending legislative HB 3067 -- Report by Committee on Rules business, 3 – Bates, Ferrioli, George. Bill passed. recommending passage. Johnson, Winters, were granted unanimous consent to change vote to aye. SB 944 -- Taken from today’s third reading calendar and placed on May 9 calendar by voice vote SB 913 A-Eng. -- Read third time. Carried by on motion of Prozanski. Whitsett. On passage of bill the vote was: Ayes, 22; excused, 5 – Burdick, Kruse, Morrisette, Morse, SB 1008 -- Committee report and minority Ringo; attending legislative business, 3 – Bates, report read. Deckert, Nelson moved that the Senate Ferrioli, George. Bill passed. adopt the committee report. Starr, B., Atkinson moved that the minority report be substituted for the SB 171 -- Read third time. Carried by Metsger. committee report. Taken from today’s third reading calendar and placed on May 10 calendar by voice vote on motion of SB 1008 -- Motion to substitute minority report Metsger. failed. The vote was: Ayes, 9; nays, 15 – Brown, Carter, Deckert, Devlin, Johnson, Metsger, Monnes SB 324 A-Eng. -- Read third time. Carried by Anderson, Morrisette, Nelson, Prozanski, Schrader, Walker. On passage of bill the vote was: Ayes, 22; Shields, Verger, Walker, President Courtney; excused, 5 – Burdick, Kruse, Morrisette, Morse, excused, 3 – Burdick, Morse, Ringo; attending Ringo; attending legislative business, 3 – Bates, legislative business, 3 – Bates, Ferrioli, George. Ferrioli, George. Bill passed. Motion failed. SB 947 A-Eng. -- Read third time. Carried by SB 1008 -- Bill, as amended by committee Walker. On passage of bill the vote was: Ayes, 22; report, read third time. Carried by Deckert, Nelson. excused, 5 – Burdick, Kruse, Morrisette, Morse, Call of the Senate demanded by Deckert joined by Ringo; attending legislative business, 3 – Bates, Schrader and Devlin. All present except Burdick, Ferrioli, George. Bill passed. Morse, Ringo, excused; Bates, Ferrioli, George, SB 965 A-Eng. -- Read third time. Carried by attending legislative business. On passage of bill the Johnson. On passage of bill the vote was: Ayes, 22; vote was: Ayes, 17; nays, 7 – Atkinson, Beyer, Kruse, excused, 5 – Burdick, Kruse, Morrisette, Morse, Starr, B., Starr, C., Whitsett, Winters; excused, 3 – Ringo; attending legislative business, 3 – Bates, Burdick, Morse, Ringo; attending legislative business, Ferrioli, George. Bill passed. 3 – Bates, Ferrioli, George. Bill passed. HB 2050, 2059, 2061, 2102, 2142, 2306, 2416, SB 1008 -- Prozanski requested the following 2577, 2840, 3159, 3183, 3461 -- Read first time and explanation of vote be entered into the journal: referred to President’s desk. “I voted in support of SB 1008 on the assurance that this entity, Oregon Community Power, will not be able to

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HB 2173, 2275, 2687, 3015, 3067 -- Read second nays, 1 – Schrader; excused, 5 – Burdick, Kruse, time and passed to third reading. Morrisette, Morse, Ringo; attending legislative business, 3 – Bates, Ferrioli, George. Bill passed. HB 2176 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 22; HB 2116 -- Read third time. Carried by excused, 5 – Burdick, Kruse, Morrisette, Morse, Prozanski. On passage of bill the vote was: Ayes, 22; Ringo; attending legislative business, 3 – Bates, excused, 5 – Burdick, Kruse, Morrisette, Morse, Ferrioli, George. Bill passed. Metsger, absent when Ringo; attending legislative business, 3 – Bates, roll called, granted unanimous consent to be recorded Ferrioli, George. Bill passed. as voting aye. HJM 10 -- Read final time. Carried by Verger. HB 2328 A-Eng. -- Read third time. Carried by On adoption of memorial, the vote was: Ayes, 22; Atkinson. (President Courtney in Chair) On passage excused, 5 – Burdick, Kruse, Morrisette, Morse, of bill the vote was: Ayes, 22; excused, 5 – Burdick, Ringo; attending legislative business, 3 – Bates, Kruse, Morrisette, Morse, Ringo; attending legislative Ferrioli, George. Memorial adopted. business, 3 – Bates, Ferrioli, George. Bill passed. HB 2133 -- Read third time. Carried by HB 2439 -- Read third time. Carried by Starr, Shields. On passage of bill the vote was: Ayes, 22; B. On passage of bill the vote was: Ayes, 21; excused, excused, 5 – Burdick, Kruse, Morrisette, Morse, 5 – Burdick, Kruse, Morrisette, Morse, Ringo; Ringo; attending legislative business, 3 – Bates, attending legislative business, 4 – Bates, Ferrioli, Ferrioli, George. Bill passed. George, Gordly. Bill passed. HB 2135 -- Read third time. Carried by Verger. HB 2443 A-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 22; excused, 5 – Walker. On passage of bill the vote was: Ayes, 20; Burdick, Kruse, Morrisette, Morse, Ringo; attending nays, 1 – Whitsett; excused, 5 – Burdick, Kruse, legislative business, 3 – Bates, Ferrioli, George. Bill Morrisette, Morse, Ringo; attending legislative passed. business, 4 – Bates, Ferrioli, George, Gordly. Bill passed. HB 2161 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 21; HB 2578 A-Eng. -- Read third time. Carried by excused, 5 – Burdick, Kruse, Morrisette, Morse, Monnes Anderson. Potential conflict of interest Ringo; attending legislative business, 4 – Bates, declared by Metsger. On passage of bill the vote was: Brown, Ferrioli, George. Bill passed. Ayes, 22; excused, 5 – Burdick, Kruse, Morrisette, Morse, Ringo; attending legislative business, 3 – HB 2256 -- Read third time. Carried by Bates, Ferrioli, George. Bill passed. Prozanski. On passage of bill the vote was: Ayes, 20; nays, 1 – Schrader; excused, 5 – Burdick, Kruse, HB 2595 -- Read third time. Carried by Morrisette, Morse, Ringo; attending legislative Westlund. On passage of bill the vote was: Ayes, 22; business, 4 – Bates, Brown, Ferrioli, George. Bill excused, 5 – Burdick, Kruse, Morrisette, Morse, passed. Ringo; attending legislative business, 3 – Bates, Ferrioli, George. Bill passed. HB 2279 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 21; excused, 6 – HB 2637 A-Eng. -- Read third time. Carried by Burdick, Kruse, Morrisette, Morse, Ringo, Westlund; Metsger. On passage of bill the vote was: Ayes, 22; attending legislative business, 3 – Bates, Ferrioli, excused, 5 – Burdick, Kruse, Morrisette, Morse, George. Bill passed. Ringo; attending legislative business, 3 – Bates, Ferrioli, George. Bill passed. (Metsger in Chair) HB 2287 -- Rules suspended by implied consent. Taken from today’s third reading calendar and placed HB 2719 A-Eng. -- Read third time. Carried by on May 9 calendar by voice vote at the request of the Atkinson. On passage of bill the vote was: Ayes, 21; Chair. nays, 1 – Schrader; excused, 5 – Burdick, Kruse, Morrisette, Morse, Ringo; attending legislative HB 2288 -- Read third time. Carried by business, 3 – Bates, Ferrioli, George. Bill passed. Walker. On passage of bill the vote was: Ayes, 20; nays, 1 – Schrader; excused, 6 – Burdick, Kruse, HB 2741 B-Eng. -- Read third time. Carried by Morrisette, Morse, Ringo, Westlund; attending Whitsett. Potential conflict of interest declared by legislative business, 3 – Bates, Ferrioli, George. Bill Verger, President Courtney. On passage of bill the passed. vote was: Ayes, 20; nays, 2 – Monnes Anderson, Schrader; excused, 5 – Burdick, Kruse, Morrisette, HB 2291 -- Read third time. Carried by Morse, Ringo; attending legislative business, 3 – Whitsett. On passage of bill the vote was: Ayes, 21; Bates, Ferrioli, George. Bill passed. excused, 6 – Burdick, Kruse, Morrisette, Morse, Ringo, Westlund; attending legislative business, 3 – HB 2741 -- Monnes Anderson requested the Bates, Ferrioli, George. Bill passed. following explanation of vote be entered into the journal: HB 2352 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 21; “I voted against HB 2741 because at this time of excused, 6 – Burdick, Kruse, Morrisette, Morse, decreased revenue, now is not the time to pass legislation Ringo, Westlund; attending legislative business, 3 – that takes money away from the State coffers.” Bates, Ferrioli, George. Bill passed. HB 2068 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 21; SENATE JOURNAL SJ-121

HB 2370 A-Eng. -- Read third time. Carried by Senate adjourned until 10:30 a.m. Monday by Starr, C. On passage of bill the vote was: Ayes, 21; unanimous consent at the request of the Chair. excused, 6 – Burdick, Kruse, Morrisette, Morse, Ringo, Westlund; attending legislative business, 3 – Monday, May 9, 2005 -- Morning Session Bates, Ferrioli, George. Bill passed. HB 2395 A-Eng. -- Read third time. Carried by Senate convened at 10:30 a.m. President Walker. On passage of bill the vote was: Ayes, 21; Courtney in Chair. The following members were excused, 6 – Burdick, Kruse, Morrisette, Morse, present: Atkinson, Bates, Beyer, Brown, Burdick, Ringo, Westlund; attending legislative business, 3 – Carter, Deckert, Devlin, Ferrioli, George, Gordly, Bates, Ferrioli, George. Bill passed. Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, HB 2674 -- Read third time. Carried by Schrader, Starr, B., Starr, C., Verger, Walker, Shields. On passage of bill the vote was: Ayes, 19; Westlund, Whitsett, Winters; excused -- Shields;. nays, 2 – Beyer, Whitsett; excused, 6 – Burdick, Colors were posted and the Senate pledged allegiance Kruse, Morrisette, Morse, Ringo, Westlund; attending to the flag. Invocation by Senator Gary George, legislative business, 3 – Bates, Ferrioli, George. Bill McMinnville. Musical performance by The Krayon passed. (President Courtney in Chair) Kids, Oregon City. The following measures were referred to HB 2156, 2207, 2911, 2951, 3453, 3464 -- committee on May 5 and recorded on Committee Message from the House announcing passage. Referral List No. 38 which was distributed to members. Referral list recorded in the Journal and Committee Report Summary No. 65 listing the Status Report by order of the President. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 5554 Budget by order of the President. SB 5555 Budget HB 2029 -- Report by Committee on Rules SB 5556 Budget recommending passage with amendments. SB 5557 Budget SB 5558 Budget HB 2054 -- Report by Committee on Revenue SB 5559 Budget recommending passage. SB 5560 Budget HB 2094 -- Report by Committee on Rules SB 5561 Budget recommending passage of the A-Engrossed bill. SB 5562 Budget SB 5563 Budget HB 2446 -- Report by Committee on Revenue recommending passage. SB 5564 Budget SB 5565 Budget Senate at ease. Senate reassembled. SB 5566 Budget HB 2687 -- Taken from today’s third reading SB 5567 Budget calendar and placed on May 10 calendar by voice vote SB 5568 Budget on motion of Brown. SB 5569 Budget SB 5570 Budget SB 27 -- Committee report and minority report SB 5571 Budget read. Brown moved that the Senate adopt the SB 5572 Budget committee report. Ferrioli moved that the minority report be substituted for the committee report. SB 5573 Budget SB 5574 Budget SB 27 -- Motion to substitute minority report SB 5575 Budget failed. The vote was: Ayes, 12; nays, 17 – Bates, SB 5576 Budget Brown, Burdick, Carter, Deckert, Devlin, Gordly, SB 5577 Budget Johnson, Metsger, Monnes Anderson, Morrisette, SB 5578 Budget Prozanski, Ringo, Schrader, Verger, Walker, President Courtney; excused, 1 – Shields. Motion SB 5579 Budget failed. SB 5580 Budget SB 5581 Budget SB 27 -- Bill, as amended by committee report, SB 5582 Budget read third time. Carried by Brown. On passage of bill SB 5583 Budget the vote was: Ayes, 19; nays, 10 – Atkinson, Beyer, SB 5584 Budget Ferrioli, George, Kruse, Nelson, Starr, B., Starr, C., SB 5585 Budget Whitsett, Winters; excused, 1 – Shields. Bill passed. SB 5586 Budget SB 501, 680, 860 -- Read second time and SB 5587 Budget passed to third reading. SB 5588 Budget SB 243 A-Eng. -- Read third time. Carried by HCR 7; HJM 8; HJR 8; HB 2030, 2053, 2085, Prozanski. On passage of bill the vote was: Ayes, 29; 2091, 2092, 2093, 2115, 2118, 2119, 2124, 2177, 2178, excused, 1 – Shields. Bill passed. 2192, 2195, 2201, 2216, 2219, 2243, 2244, 2251, 2253, SB 342 A-Eng. -- Read third time. Carried by 2311, 2372, 2405, 2422, 2426, 2442, 2448, 2451, 2453, Schrader. On passage of bill the vote was: Ayes, 28; 2454, 3097 -- President Courtney signed on May 5.

SJ-122 SENATE JOURNAL excused, 1 – Shields; attending legislative business, 1 HB 2518 Judiciary – Starr, C. Bill passed. HB 2545 Judiciary SB 481 A-Eng. -- Read third time. Carried by HB 2605 Rules Metsger. On passage of bill the vote was: Ayes, 27; HB 2705 Environment and Land Use nays, 1 – Schrader; excused, 1 – Shields; attending HB 2875 Environment and Land Use legislative business, 1 – Starr, C. Bill passed. HB 2932 Rules HB 2946 Rules SB 541 B-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 28; HB 2969 Judiciary excused, 1 – Shields; attending legislative business, 1 HB 2999 Rules – Starr, C. Bill passed. HB 3091 Business and Economic Development HB 3223 Rules SB 545 -- Read third time. Carried by HB 3304 Business and Economic Development Prozanski. Taken from today’s third reading calendar HB 3318 Rules and placed on May 11 calendar by voice vote on motion of Prozanski. HB 3459 Judiciary SB 885 A-Eng. -- Read third time. Carried by Senate adjourned until 10:30 a.m. Tuesday by Ringo. On passage of bill the vote was: Ayes, 17; unanimous consent at the request of the Chair. nays, 11 – Atkinson, Beyer, Ferrioli, George, Gordly, Kruse, Monnes Anderson, Morse, Starr, B., Whitsett, Tuesday, May 10, 2005 -- Morning Session Winters; excused, 1 – Shields; attending legislative business, 1 – Starr, C. Bill passed. Senate convened at 10:30 a.m. Shields in Chair. The following members were present: Atkinson, SB 944 A-Eng. -- Read third time. Carried by Bates, Beyer, Brown, Burdick, Carter, President Ringo. On passage of bill the vote was: Ayes, 27; Courtney, Deckert, Devlin, Ferrioli, George, Gordly, nays, 1 – Schrader; excused, 1 – Shields; attending Johnson, Metsger, Monnes Anderson, Morrisette, legislative business, 1 – Starr, C. Bill passed. Morse, Nelson, Prozanski, Ringo, Schrader, Starr, B., HB 2156, 2207, 2911, 2951, 3453, 3464 -- Read Starr, C., Verger, Walker, Westlund, Whitsett, first time and referred to President’s desk. Winters; attending legislative business -- Kruse. Colors were posted and the Senate pledged allegiance HB 2054, 2094, 2214, 2446 -- Read second time to the flag. Invocation by Rev. Becca Shields, United and passed to third reading. Methodist Clergywoman, Portland. Dance presentation by Kasey Ha, Portland. The following HB 2173 A-Eng. -- Read third time. Carried by messages from the Governor were read and referred Walker. On passage of bill the vote was: Ayes, 28; to the President's desk: excused, 1 – Shields; attending legislative business, 1 – Starr, C. Bill passed. May 9, 2005 HB 2275 -- Read third time. Carried by TO THE HONORABLE PRESIDENT OF THE SENATE Walker. On passage of bill the vote was: Ayes, 28; OF THE 73rd LEGISLATIVE ASSEMBLY excused, 1 – Shields; attending legislative business, 1 ORS 441.137 provides that the Governor shall appoint the – Starr, C. Bill passed. members of the Long Term Care Advisory Committee, HB 2287 -- Read third time. Carried by Ringo. subject to Senate confirmation, in the manner provided by On passage of bill the vote was: Ayes, 27; nays, 1 – ORS 171.562 and ORS 171.565. Schrader; excused, 1 – Shields; attending legislative I reappoint Marian Anderson of Albany to the Long Term business, 1 – Starr, C. Bill passed. Care Advisory Committee for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June, 30, HB 3015 A-Eng. -- Read third time. Carried by 2009, effective upon Senate confirmation. Brown. On passage of bill the vote was: Ayes, 27; excused, 1 – Shields; attending legislative business, 2 This appointment is submitted for your consideration. – Metsger, Starr, C. Bill passed. Sincerely, Ted Kulongoski HB 3067 -- Read third time. Carried by Governor Atkinson. On passage of bill the vote was: Ayes, 25; nays, 3 – Beyer, Ferrioli, Kruse; excused, 1 – Shields; attending legislative business, 1 – Starr, C. Bill May 9, 2005 passed. TO THE HONORABLE PRESIDENT OF THE SENATE The following measures were referred to OF THE 73rd LEGISLATIVE ASSEMBLY committee on May 6 and recorded on Committee ORS 441.137 provides that the Governor shall appoint the Referral List No. 39 which was distributed to members of the Long Term Care Advisory Committee, members. Referral list recorded in the Journal and subject to Senate confirmation, in the manner provided by Status Report by order of the President. ORS 171.562 and ORS 171.565. SB 1059 Judiciary I reappoint William Leiken of Grants Pass to the Long HB 2105 Rules Term Care Advisory Committee for a four-year term, as provided by statute, beginning July 1, 2005 and ending on HB 2283 Judiciary June, 30, 2009, effective upon Senate confirmation. HB 2389 Business and Economic Development HB 2484 Environment and Land Use This appointment is submitted for your consideration. SENATE JOURNAL SJ-123

Sincerely, Ted Kulongoski ORS 777.925 provides that the Governor shall appoint the Governor members of the Board of Commissioners of the Oregon International Port of Coos Bay, subject to Senate confirmation, in the manner provided by ORS 171.562 and May 9, 2005 ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Caddy McKeown of Coos Bay to the Board of OF THE 73rd LEGISLATIVE ASSEMBLY Commissioners of the Oregon International Port of Coos Bay for a four-year term, as provided by statute, beginning ORS 144.005 and 144.001 provides that the Governor shall July 1, 2005 and ending on June, 30, 2009, effective upon appoint the members of the State Board of Parole and Post- Senate confirmation. Prison Supervision, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Michael Washington of Salem to the State Sincerely, Board of Parole and Post-Prison Supervision for a four-year Ted Kulongoski term, as provided by statute, beginning July 1, 2005 and Governor ending on June, 30, 2009, effective upon Senate confirmation. May 9, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 777.925 provides that the Governor shall appoint the members of the Board of Commissioners of the Oregon International Port of Coos Bay, subject to Senate May 9, 2005 confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Daniel Smith of Coos Bay to the Board of Commissioners of the Oregon International Port of Coos ORS 693.115 provides that the Governor shall appoint the Bay for a four-year term, as provided by statute, beginning members of the State Plumbing Board, subject to Senate July 1, 2005 and ending on June, 30, 2009, effective upon confirmation, in the manner provided by ORS 171.562 and Senate confirmation. ORS 171.565. This appointment is submitted for your consideration. I appoint Kathryn Mattimore of Portland to the State Plumbing Board for an unexpired four-year term, as Sincerely, provided by statute, beginning June 1, 2005 and ending on Ted Kulongoski June, 30, 2008, effective upon Senate confirmation. Governor

This appointment is submitted for your consideration. May 9, 2005 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 73rd LEGISLATIVE ASSEMBLY

ORS 675.100 provides that the Governor shall appoint the May 9, 2005 members of the State Board of Psychologist Examiners, subject to Senate confirmation, in the manner provided by TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Rosemary Berdine of Astoria to the State Board ORS 777.925 provides that the Governor shall appoint the of Psychologist Examiners for a three-year term, as members of the Board of Commissioners of the Oregon provided by statute, beginning July 1, 2005 and ending on International Port of Coos Bay, subject to Senate June, 30, 2008, effective upon Senate confirmation. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Jerry Hampel of Charleston to the Board of Sincerely, Commissioners of the Oregon International Port of Coos Ted Kulongoski Bay for a four-year term, as provided by statute, beginning Governor July 1, 2005 and ending on June, 30, 2009, effective upon Senate confirmation. May 9, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 243.061 provides that the Governor shall appoint the members of the Public Employees Benefit Board, subject to Senate confirmation, in the manner provided by ORS May 9, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Rich Peppers of Salem to the Public Employees OF THE 73rd LEGISLATIVE ASSEMBLY Benefit Board for an unexpired four-year term, as provided by statute, beginning July 2, 2005 and ending on September 14, 2005, effective upon Senate confirmation.

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This appointment is submitted for your consideration. SB 680 -- Read third time. Carried by Johnson. Sincerely, Taken from today’s third reading calendar and Ted Kulongoski referred to Committee on Rules by voice vote on Governor motion of Johnson.

SB 860 A-Eng. -- Read third time. Carried by May 9, 2005 Walker. Atkinson declared a potential conflict of TO THE HONORABLE PRESIDENT OF THE SENATE interest. Call of the Senate demanded by Walker joined by Brown and Ferrioli. All present except OF THE 73rd LEGISLATIVE ASSEMBLY Kruse, attending legislative business. On passage of ORS 243.061 provides that the Governor shall appoint the bill the vote was: Ayes, 20; nays, 9 – Atkinson, Beyer, members of the Public Employees Benefit Board, subject to Ferrioli, George, Morrisette, Morse, Nelson, Starr, B., Senate confirmation, in the manner provided by ORS Winters; attending legislative business, 1 – Kruse. 171.562 and ORS 171.565. Bill passed. I reappoint Rich Peppers of Salem to the Public Employees HB 2046, 2332 -- Read first time and referred to Benefit Board for a four-year term, as provided by statute, President’s desk. beginning September 15, 2005 and ending on September 14, 2009, effective upon Senate confirmation. HB 2029, 2257, 3359 -- Read second time and This appointment is submitted for your consideration. passed to third reading. Sincerely, HB 2054 -- Read third time. Carried by Ted Kulongoski Prozanski. On passage of bill the vote was: Ayes, 22; Governor nays, 6 – Atkinson, Beyer, Ferrioli, Morse, Starr, C., Whitsett; attending legislative business, 2 – Kruse, Nelson. Bill passed. (President Courtney in Chair) HB 2046, 2332 -- Message from the House announcing passage. HB 2094 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 25; HB 2590 -- Message from the House nays, 2 – Beyer, Whitsett; attending legislative announcing the Speaker signed on May 10. business, 3 – Kruse, Nelson, Ringo. Bill passed. Committee Report Summary No. 66 listing the HB 2214 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Shields. On passage of bill the vote was: Ayes, 27; Summary list recorded in Journal and Status Report attending legislative business, 3 – Kruse, Nelson, by order of the President. Ringo. Bill passed. SB 221 -- Report by Committee on Judiciary HB 2446 -- Read third time. Carried by recommending passage with amendments. Prozanski. On passage of bill the vote was: Ayes, 26; SB 973 -- Report by Committee on Human nays, 1 – Beyer; attending legislative business, 3 – Services recommending passage with amendments. Kruse, Nelson, Ringo. Bill passed. SB 1046 -- Report by Committee on Rules HB 2687 A-Eng. -- Read third time. Carried by recommending passage. Shields. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Kruse, Nelson, HB 2257 -- Report by Committee on Revenue Ringo. Bill passed. recommending passage. HB 2590 -- President Courtney signed on May HB 2289 -- Report by Committee on Judiciary 10. recommending passage with amendments to the A- Engrossed bill. Senate adjourned until 10:30 a.m. Wednesday by unanimous consent at the request of the Chair. HB 2290 -- Report by Committee on Judiciary recommending passage with amendments. Wednesday, May 11, 2005 -- Morning Session HB 3359 -- Report by Committee on Revenue recommending passage. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were SB 1046 -- Read second time and passed to present: Atkinson, Bates, Beyer, Brown, Burdick, third reading. Deckert, Devlin, Ferrioli, George, Gordly, Johnson, SB 171 -- Bill read. Carried by Metsger. Kruse, Metsger, Monnes Anderson, Morrisette, Rereferred to Committee on Revenue by voice vote on Nelson, Prozanski, Ringo, Schrader, Shields, Starr, motion of Metsger. B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; excused -- Gordly; attending legislative SB 501 A-Eng. -- Read third time. Carried by business -- Carter. Colors were posted and the Monnes Anderson. On passage of bill the vote was: Senate pledged allegiance to the flag. Invocation by Ayes, 17; nays, 10 – Atkinson, Beyer, Ferrioli, George, Christine Meyers, Lincoln City. Musical performance Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters; by Seth Robert Morgan on the violin, Milwaukie. absent, 1 – Westlund; excused, 1 – Gordly; attending legislative business, 1 – Kruse. Bill passed. Ringo, HB 2373 -- Message from the House attending legislative business when roll called, announcing passage. granted unanimous consent to vote aye. SENATE JOURNAL SJ-125

HCR 6 -- Message from the House announcing HB 2257 -- Read third time. Carried by adoption. Prozanski. On passage of bill the vote was: Ayes, 23; absent, 1 – Burdick; excused, 2 – Gordly, Morse; HB 2443 -- Message from the House attending legislative business, 4 – Carter, Johnson, announcing concurrence in Senate amendments and Schrader, Starr, B. Bill passed. repassage. HB 3359 -- Read third time. Carried by HB 2741 -- Message from the House Deckert. On passage of bill the vote was: Ayes, 24; announcing refusal to concur in Senate amendments. excused, 2 – Gordly, Morse; attending legislative Conferees to be announced. business, 4 – Carter, Johnson, Schrader, Starr, B. HCR 1, 8; HJR 3, 16, 27; HB 2034, 2106, 2111, Bill passed. 2114, 2170, 2223, 2259, 2267, 2371, 2438, 2460, 2497, HCR 1, 8; HJR 3, 16, 27; HB 2034, 2106, 2111, 2738, 2825 -- Message from the House announcing 2114, 2170, 2223, 2259, 2267, 2371, 2438, 2460, 2497, the Speaker signed on May 10. 2738, 2825 -- President Courtney signed on May 11. Committee Report Summary No. 67 listing the Senate adjourned until 10:30 Thursday by following reports was distributed to members today. unanimous consent at the request of the Chair. Summary list recorded in Journal and Status Report by order of the President. Thursday, May 12, 2005 -- Morning Session SM 1 -- Report by Committee on Rules recommending adoption. Senate convened at 10:30 a.m. President SB 849 -- Report by Committee on Rules Courtney in Chair. The following members were recommending passage with amendments. present: Atkinson, Bates, Brown, Burdick, Deckert, Devlin, Ferrioli, George, Johnson, Kruse, Metsger, SB 1026 -- Report by Committee on Human Monnes Anderson, Morrisette, Morse, Nelson, Services recommending passage with amendments. Prozanski, Ringo, Schrader, Shields, Starr, C., Verger, Walker, Westlund, Whitsett, Winters; SB 1048 -- Report by Committee on Rules excused – Beyer, Carter, Gordly, Starr, B. Colors recommending passage with amendments. were posted and the Senate pledged allegiance to the HJR 32 -- Report by Committee on Rules flag. Invocation by Father David Humphrey, St. recommending adoption. Matthew’s Episcopal Church, Portland. Musical performance by St. Matthew’s Episcopal Church HB 2005 -- Report by Committee on Rules Choir, directed by Tim Nickel, Portland. recommending passage and requesting subsequent referral to Committee on Ways and Means be HB 2266, 2511, 2568, 3017, 3158, 3257 -- rescinded. Subsequent referral to Committee on Ways Message from the House announcing passage. and Means rescinded by order of the President. HB 2173 -- Message from the House announcing SB 5589, 5590, 5591, 5592, 5593, 5594, 5595, concurrence in Senate amendments and repassage. 5596, 5597, 5598, 5599, 5600, 5601, 5602, 5603, 5604, Committee Report Summary No. 68 listing the 5605, 5606, 5607, 5608, 5609, 5610, 5611, 5612, 5613, following reports was distributed to members May 11. 5614, 5615, 5616, 5617, 5618, 5619, 5620, 5621, 5622, Summary list recorded in Journal and Status Report 5623, 5624, 5625, 5626, 5627, 5628 -- Introduced, by order of the President. read first time and referred to President’s desk. SB 5549 -- Report by Special Committee on SM 1; SB 221, 973 -- Read second time and Budget recommending passage with amendments. passed to third reading. Committee Report Summary No. 69 listing the SB 545 -- Taken from today’s third reading following reports was distributed to members today. calendar and placed on May 12 calendar by voice vote Summary list recorded in Journal and Status Report on motion of Prozanski. by order of the President. SB 1046 -- Read third time. Carried by Brown. HB 2031 -- Report by Committee on Revenue On passage of bill the vote was: Ayes, 16; nays, 8 – recommending passage. Beyer, Ferrioli, George, Kruse, Nelson, Starr, C., Whitsett, Winters; excused, 2 – Atkinson, Gordly; HB 2032 -- Report by Committee on Revenue attending legislative business, 4 – Carter, Johnson, recommending passage. Schrader, Starr, B. Bill passed. HB 2033 -- Report by Committee on Revenue HCR 6; HB 2373 -- Read first time and referred recommending passage of the A-Engrossed bill. to President’s desk. HB 2041 -- Report by Committee on Revenue HJR 32; HB 2005, 2289, 2290 -- Read second recommending passage. time and passed to third reading. HB 2075 -- Report by Committee on Business HB 2029 A-Eng. -- Read third time. Carried by and Economic Development recommending passage. Ringo. On passage of bill the vote was: Ayes, 23; excused, 3 – Atkinson, Gordly, Morse; attending HB 2084 -- Report by Committee on Business legislative business, 4 – Carter, Johnson, Schrader, and Economic Development recommending passage of Starr, B. Bill passed. the A-Engrossed bill.

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HB 2096 -- Report by Committee on Business HB 2266, 2511, 2568, 3017, 3158, 3257 -- Read and Economic Development recommending passage of first time and referred to President’s desk. the A-Engrossed bill. HB 2031, 2032, 2033, 2041, 2075, 2084, 2096, HB 2469 -- Report by Committee on Revenue 2469, 2632, 2633, 2980, 2982, 2983, 3088, 3089, 3324 - recommending passage. - Read second time and passed to third reading. HB 2632 -- Report by Committee on Judiciary HJR 32 -- Read final time. Carried by Atkinson. recommending passage. On adoption of resolution, the vote was: Ayes, 23; nays, 3 – Beyer, Kruse, Schrader; excused, 4 – Carter, HB 2633 -- Report by Committee on Judiciary Deckert, Gordly, Starr, B. Resolution adopted. recommending passage. HB 2005 -- Read third time. Carried by Brown. HB 2980 -- Report by Committee on Judiciary On passage of bill the vote was: Ayes, 26; excused, 4 – recommending passage. Carter, Deckert, Gordly, Starr, B. Bill passed. HB 2982 -- Report by Committee on Judiciary HB 2289 B-Eng. -- Read third time. Carried by recommending passage. Ringo. On passage of bill the vote was: Ayes, 25; HB 2983 -- Report by Committee on Judiciary nays, 1 – Schrader; excused, 4 – Carter, Deckert, recommending passage. Gordly, Starr, B. Bill passed. HB 3088 -- Report by Committee on Business President Courtney announced the following and Economic Development recommending passage. committee assignments effective May 12. HB 3089 -- Report by Committee on Business and Economic Development recommending passage of Subcommittee on Education the A-Engrossed bill. Senator Richard Devlin, Chair HB 3324 -- Report by Committee on Judiciary Senator Avel Gordly recommending passage. Senator David Nelson Report by Committee on Rules recommending Senator Vicki Walker that the Governor’s appointments of Joyce McClure, Senator Doug Whitsett Estelle Parker-Kent and Michael Vissers to the State Board of Chiropractic Examiners be confirmed en Subcommittee on General Government bloc. Senator Betsy Johnson, Chair Report by Committee on Rules recommending Senator Bill Morrisette that the Governor’s appointments of Jim Bagley (r) Senator Frank Morse (appearance waived), Margaret Clark, Larry Davy and Kathleen Elias (a) to the Board of Examiners of Nursing Home Administrators be confirmed en boc. Subcommittee on Human Services Report by Committee on Rules recommending Senator Margaret Carter, Chair that the Governor’s appointment of David Williams to Senator Alan Bates the State Workforce Investment Board be confirmed. Senator Laurie Monnes Anderson HB 2290 -- Taken from today’s third reading Senator Ben Westlund calendar and placed on May 13 calendar by voice vote Senator Jackie Winters on motion of Burdick. SM 1 -- Taken from today’s third reading Subcommittee on Natual Resources calendar and placed on May 13 calendar by voice vote Senator Alan Bates, Chair on motion of Shields. Senator David Nelson SB 545 -- Taken from today’s third reading Senator Frank Shields calendar and placed on May 13 calendar by voice vote on motion of Prozanski. Subcommittee on Public Safety SB 1061, 1062, 1063, 1064 -- Introduced, read Senator Avel Gordly, Chair first time and referred to President’s desk. Senator Richard Devlin SB 5549; 849, 1026, 1048 -- Read second time Senator Jackie Winters and passed to third reading. SB 221 A-Eng. -- Read third time. Carried by Subcommittee on Transportation and Economic Burdick. On passage of bill the vote was: Ayes, 25; Development nays, 1 – Schrader; excused, 4 – Carter, Deckert, Gordly, Starr, B. Bill passed. Senator Kurt Schrader, Chair Senator Betsy Johnson SB 973 A-Eng. -- Read third time. Carried by Senator Frank Morse Brown. On passage of bill the vote was: Ayes, 26; excused, 4 – Carter, Deckert, Gordly, Starr, B. Bill Senator Joanne Verger passed. Senator Ben Westlund SENATE JOURNAL SJ-127

Ted Kulongoski Senate adjourned until 10:00 a.m. Friday by Governor unanimous consent at the request of the Chair. May 12, 2005 Friday, May 13, 2005 -- Morning Session TO THE HONORABLE PRESIDENT OF THE SENATE Senate convened at 10:00 a.m. President OF THE 73rd LEGISLATIVE ASSEMBLY Courtney in Chair. The following members were ORS 293.706 provides that the Governor shall appoint the present: Ferrioli, Kruse, Morse, Nelson, Shields, members of the Oregon Investment Council, subject to Starr, C., Westlund, Winters; absent -- Atkinson, Senate confirmation, in the manner provided by ORS Bates, Beyer, Brown, Burdick, Carter, Deckert, 171.562 and ORS 171.565. Devlin, George, Gordly, Johnson, Metsger, Monnes Anderson, Morrisette, Prozanski, Ringo, Schrader, I appoint Katy Durant of Portland to the Oregon Investment Council for an unexpired four-year term, as Verger, Walker, Whitsett; excused -- Starr, B. provided by statute, beginning June 1, 2005 and ending on Call of the Senate demanded by Nelson joined by September 19, 2006, effective upon Senate confirmation. Ferrioli and Starr, C. All present except Atkinson, This appointment is submitted for your consideration. Burdick, Carter, Deckert, Johnson, Kruse, Metsger, Prozanski, Ringo, Schrader, Walker, absent; Starr, B., Sincerely, excused. Pending arrival of members subject to the Ted Kulongoski Call, Senate at ease. Further proceedings under the Governor Call terminated by unanimous consent at the request HB 2020, 2099, 2200, 2524, 2529, 2662, 2730, of the Chair. All present except Starr, B, excused. 2950, 2977, 3197, 3310, 3329, 3358, 3454, 3465 -- Senate reassembled. Message from the House announcing passage. Colors were posted and the Senate pledged Committee Report Summary No. 70 listing the allegiance to the flag. Invocation by Deacon Ron following reports was distributed to members today. Jarvis of the 5th Street Church of Christ, Beaverton. Summary list recorded in Journal and Status Report Musical performance by Jordan Jarvis of Westside by order of the President. Christian School joined by his father Ron and sister Evyan, accompanied by Sandy Ralston on the piano. SJR 31 -- Report by Committee on Rules recommending adoption. The following messages from the Governor were read and referred to the President's desk: SB 5550 -- Report by Special Committee on Budget recommending passage with amendments. May 12, 2005 SB 5551 -- Report by Special Committee on TO THE HONORABLE PRESIDENT OF THE SENATE Budget recommending passage with amendments. OF THE 73rd LEGISLATIVE ASSEMBLY SB 5552 -- Report by Special Committee on ORS 679.230 provides that the Governor shall appoint the Budget recommending passage with amendments. members of the Oregon Board of Dentistry, subject to Senate confirmation, in the manner provided by ORS SB 5553 -- Report by Special Committee on 171.562 and ORS 171.565. Budget recommending passage with amendments. I appoint Darren Huddleston of Grants Pass to the Oregon SB 5554 -- Report by Special Committee on Board of Dentistry for a four-year term, as provided by Budget recommending passage with amendments. statute, beginning June 11, 2005 and ending on March 31, 2009, effective upon Senate confirmation. SB 1040 -- Report by Committee on Health This appointment is submitted for your consideration. Policy, signed by Monnes Anderson, Chair, recommending passage with amendments. Minority Sincerely, Report, signed by George, Kruse, recommending Ted Kulongoski passage with different amendments. Governor SB 5549 -- Under rules suspension and Special May 12, 2005 Order of Business, bill moved to the top of today’s calendar for immediate consideration on motion of TO THE HONORABLE PRESIDENT OF THE SENATE Schrader. OF THE 73rd LEGISLATIVE ASSEMBLY SB 5549 -- Ferrioli moved to rerefer to Special ORS 244.250 provides that the Governor shall appoint the Committee on Budget. Call of the Senate demanded members of the Government Standards and Practices by Brown joined by Devlin and Schrader. All present Commission, subject to Senate confirmation, in the manner except Starr, B., excused. The vote was: Ayes, 12; provided by ORS 171.562 and ORS 171.565. nays, 17 – Bates, Brown, Burdick, Carter, Deckert, I appoint Thomas Bruner of Portland to the Government Devlin, Johnson, Metsger, Monnes Anderson, Standards and Practices Commission for a four-year term, Morrisette, Prozanski, Ringo, Schrader, Shields, as provided by statute, beginning June 1, 2005 and ending Verger, Walker, President Courtney; excused, 1 – on May 31, 2009, effective upon Senate confirmation. Starr, B. Motion failed. This appointment is submitted for your consideration. SB 5549 A-Eng. -- Read third time. Carried by Sincerely, Schrader, Devlin. Call of the Senate demanded by Brown joined by Walker and Devlin. All present

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except Starr, B., excused. On passage of bill the vote HB 2020, 2099, 2200, 2524, 2529, 2662, 2730, was: Ayes, 17; nays, 12 – Atkinson, Beyer, Ferrioli, 2950, 2977, 3197, 3310, 3329, 3358, 3454, 3465 -- George, Kruse, Morse, Nelson, Prozanski, Starr, C., Read first time and referred to President’s desk. Westlund, Whitsett, Winters; excused, 1 – Starr, B. Bill passed. HB 2031, 2032, 2033, 2041, 2075, 2084, 2096, 2290, 2469, 2632, 2633, 2980, 2982, 2983, 3088, 3089, SB 5549 -- Prozanski requested the following 3324 -- Carried over to May 16 calendar by explanation of vote be entered into the journal: unanimous consent at the request of the Chair. “I voted against SB 5549 because it is time to invest Senate adjourned until 10:30 a.m. Monday by more state funding in our K-12 schools. Since the late unanimous consent at the request of the Chair. 1990’s, severe budget cuts to K-12 have forced a reduction in the number of school days, increased classroom sizes, the Monday, May 16, 2005 -- Morning Session loss of valuable educational programs such as art, music, and sports, and even the dismissal of teachers and other Senate convened at 10:30 a.m. President staff. Oregon’s class sizes are now the second highest in the Courtney in Chair. The following members were nation. Given the two most recent revenue forecasts, I present: Atkinson, Beyer, Brown, Burdick, Carter, believe we have the resources to invest $5.4 Billion in K-12 Devlin, Ferrioli, George, Gordly, Johnson, Kruse, education without cutting other vital programs and Monnes Anderson, Morrisette, Morse, Nelson, services. This is an investment which our kids deserve and Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, one that would pay dividends to all Oregonians. C., Westlund, Whitsett, Winters; excused -- Bates, “The May revenue forecast provided an extra $224 Deckert, Verger; attending legislative business -- million in revenue. I believe that our state would be best Metsger, Walker. Colors were posted and the Senate served by investing this revenue in our children, providing pledged allegiance to the flag. Invocation by Gordon a reserve fund to provide stability, and ensuring that we Bettles of the Klamath Tribes. Musical performance protect vital services to protect the public and our most by Senator Margaret Carter, Portland. vulnerable citizens. All of these priorities are possible with HB 2017, 2026, 2069, 2167, 2224, 2361, 2729, a K-12 expenditure of $5.4 Billion. 2927, 3081, 3463 -- Message from the House “Studies continue to show that investing in education announcing passage. is good for the entire state. For every dollar spent on HR 4 -- Message from the House announcing education, the state saves between $7-14 dollars on future adoption. public safety costs, and health and human services costs. Investing more in schools today will save us millions of HB 2029 -- Message from the House dollars in the future. announcing concurrence in Senate amendments and repassage. “A $5.4 Billion K-12 school budget does not require the state to cut other vital programs and services. We have Committee Report Summary No. 71 listing the sufficient revenue to fully fund Oregon Project following reports was distributed to members today. Independence, in-home foster care and long term care for Summary list recorded in Journal and Status Report seniors and the disabled. We also have sufficient revenue by order of the President. to increase investments in four-year colleges and SJR 2 -- Report by Committee on Revenue community colleges. Finally, our tumultuous budget recommending adoption. history should teach us the importance of dedicating funds to a reserve fund. SB 5555 -- Report by Special Committee on Budget recommending passage with amendments. “For these reasons, I drew a line on the chalkboard and voted against SB 5549. Education should be our top SB 5556 -- Report by Special Committee on priority.” Budget recommending passage with amendments. Consideration of the Governor’s appointments of SB 5557 -- Report by Special Committee on Joyce McClure, Estelle Parker-Kent, and Michael Budget recommending passage with amendments. Vissers to the State Board of Chiropractic Examiners; Jim Bagley (r), Margaret Clark, Larry Davy, and SB 5558 -- Report by Special Committee on Kathleen Elias (a) and (r) to the Board of Examiners Budget recommending passage with amendments. of Nursing Home Administrators; and David Williams SB 5559 -- Report by Special Committee on to the State Workforce Investment Board taken from Budget recommending passage with amendments. today’s third reading calendar and placed on May 16 calendar by unanimous consent at the request of the SB 538 -- Report by Committee on Environment Chair. and Land Use recommending passage with amendments. SJR 31 -- Read second time and passed to third reading. SB 841 -- Report by Committee on Revenue recommending passage with amendments. SM 1; SB 545, 849, 1026, 1048 -- Carried over to May 16, calendar by unanimous consent at the SB 881 -- Report by Committee on Judiciary request of the Chair. recommending passage with amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. Subsequent referral to SENATE JOURNAL SJ-129

Committee on Ways and Means rescinded by order of HB 2031 -- Read third time. Carried by Starr, the President. C. On passage of bill the vote was: Ayes, 25; excused, 3 – Bates, Deckert, Verger; attending legislative SB 1011 -- Report by Committee on Judiciary business, 2 – Metsger, Walker. Bill passed. recommending passage with amendments. Senate at ease. Senate reassembled. SB 1045 -- Report by Committee on Judiciary recommending passage. HB 2032 -- Read third time. Carried by George. On passage of bill the vote was: Ayes, 25; excused, 3 – SJR 31 -- Taken from today’s third reading Bates, Deckert, Verger; attending legislative calendar and placed on May 19 calendar by voice vote business, 2 – Metsger, Walker. Bill passed. on motion of Gordly. HB 2033, 2041 -- Moved to the foot of today's Ringo moved that the Senate confirm en bloc the third reading calendar by unanimous consent at the Governor’s appointments of Joyce McClure, Estelle request of the Chair. Parker-Kent and Michael Vissers to the State Board of Chiropractic Examiners. (Atkinson in Chair) On HB 2075, 2096 -- By implied consent, taken confirmation the vote was: Ayes, 21; nays, 4 – from today’s third reading calendar and placed on Atkinson, Beyer, George, Kruse; excused, 3 – Bates, May 17 calendar by voice vote on motion of Starr, B. Deckert, Verger; attending legislative business, 2 – Metsger, Walker. Confirmed en bloc. HB 2084 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 24; Shields moved that the Senate confirm en bloc nays, 1 – Kruse; excused, 3 – Bates, Deckert, Verger; the Governor’s appointments of Jim Bagley (r), attending legislative business, 2 – Metsger, Walker. Margaret Clark, Larry Davy and Kathleen Elias (a) Bill passed. and (r) to the Board of Examiners of Nursing Home Administrators. On confirmation the vote was: Ayes, HB 2290 A-Eng. -- Read third time. Carried by 23; nays, 2 – Beyer, Kruse; excused, 3 – Bates, Beyer. On passage of bill the vote was: Ayes, 24; Deckert, Verger; attending legislative business, 2 – nays, 1 – Schrader; excused, 3 – Bates, Deckert, Metsger, Walker. Confirmed en bloc. Verger; attending legislative business, 2 – Metsger, Walker. Bill passed. Brown moved that the Senate confirm the appointment of David Williams to the State HB 2469 -- Read third time. Carried by Starr, Workforce Investment Board. On confirmation the C. On passage of bill the vote was: Ayes, 23; absent, 1 vote was: Ayes, 23; nays, 2 – Beyer, Kruse; excused, 3 – Westlund; excused, 3 – Bates, Deckert, Verger; – Bates, Deckert, Verger; attending legislative attending legislative business, 3 – Metsger, Ringo, business, 2 – Metsger, Walker. Confirmed. Walker. Bill passed. SJR 2; SB 5550, 5551, 5552, 5553, 5554; 1040, HB 2632 -- Read third time. Carried by Starr, 1045 -- Read second time and passed to third C. On passage of bill the vote was: Ayes, 24; excused, reading. 3 – Bates, Deckert, Verger; attending legislative business, 3 – Metsger, Ringo, Walker. Bill passed. SM 1 -- Read final time. Carried by Shields. Taken from today’s third reading calendar and placed HB 2980 -- Read third time. Carried by Beyer. on May 17 calendar by voice vote on motion of On passage of bill the vote was: Ayes, 22; nays, 1 – Shields. Schrader; excused, 3 – Bates, Deckert, Verger; attending legislative business, 4 – Brown, Metsger, SB 545 -- Bill read. Carried by Prozanski. Ringo, Walker. Bill passed. Taken from today’s third reading calendar and placed on May 17 calendar by voice vote on motion of HB 2982 -- Read third time. Carried by Prozanski. Burdick. On passage of bill the vote was: Ayes, 23; excused, 3 – Bates, Deckert, Verger; attending SB 849 -- Carried by Devlin. Taken from today’s legislative business, 4 – Brown, Metsger, Ringo, third reading calendar and placed on May 17 calendar Walker. Bill passed. by voice vote on motion of Devlin. HB 2983 -- Read third time. Carried by SB 1026 A-Eng. -- Read third time. Carried by Prozanski. Kruse declared a potential conflict of Starr, C. On passage of bill the vote was: Ayes, 21; interest. On passage of bill the vote was: Ayes, 21; nays, 4 – Beyer, Ferrioli, Kruse, Monnes Anderson; nays, 2 – Schrader, Starr, B.; excused, 3 – Bates, excused, 3 – Bates, Deckert, Verger; attending Deckert, Verger; attending legislative business, 4 – legislative business, 2 – Metsger, Walker. Bill Brown, Metsger, Ringo, Walker. Bill passed. passed. HB 3088 -- Read third time. Carried by Starr, SB 1048 -- Carried by Shields. Referred to B. On passage of bill the vote was: Ayes, 23; excused, Special Committee on Budget by voice vote on motion 3 – Bates, Deckert, Verger; attending legislative of Shields. business, 4 – Brown, Metsger, Ringo, Walker. Bill passed. HB 2017, 2026, 2069, 2167, 2224, 2361, 2729, 2927, 3081, 3463 -- Read first time and referred to HB 3089 A-Eng. -- Read third time. Carried by President’s desk. Starr, B. On passage of bill the vote was: Ayes, 23; excused, 3 – Bates, Deckert, Verger; attending

SJ-130 SENATE JOURNAL legislative business, 4 – Brown, Metsger, Ringo, SB 5620 Budget Walker. Bill passed. SB 5621 Budget HB 3324 -- Read third time. Carried by SB 5622 Budget Whitsett. On passage of bill the vote was: Ayes, 25; SB 5623 Budget nays, 1 – Schrader; excused, 3 – Bates, Deckert, SB 5624 Budget Verger; attending legislative business, 1 – Ringo. Bill passed. SB 5625 Budget SB 5626 Budget HB 2633 -- Read third time. Carried by SB 5627 Budget Walker. On passage of bill the vote was: Ayes, 26; excused, 3 – Bates, Deckert, Verger; attending SB 5628 Budget legislative business, 1 – Ringo. Bill passed. SB 1061 Environment and Land Use; Revenue SB 1062 Rules HB 2033 A-Eng. -- Read third time. Carried by Metsger. Metsger declared a potential conflict of SB 1063 Judiciary interest. On passage of bill the vote was: Ayes, 26; SB 1064 Health Policy excused, 3 – Bates, Deckert, Verger; attending HCR 6 Rules legislative business, 1 – Ringo. Bill passed. HB 2046 Revenue HB 2041 -- Read third time. Carried by HB 2050 Judiciary Metsger. On passage of bill the vote was: Ayes, 24; HB 2059 Rules nays, 2 – Schrader, President Courtney; excused, 3 – HB 2061 Rules Bates, Deckert, Verger; attending legislative HB 2102 Rules business, 1 – Ringo. Bill passed. HB 2142 Judiciary The following measures were referred to HB 2156 Judiciary committee on May 13 and recorded on Committee HB 2207 Rules Referral List No. 40 which was distributed to members. Referral list recorded in the Journal and HB 2266 Rules Status Report by order of the President. HB 2306 Judiciary HB 2332 Revenue; Ways and Means SB 5589 Budget HB 2373 Judiciary SB 5590 Budget HB 2416 Judiciary SB 5591 Budget HB 2511 Revenue SB 5592 Budget HB 2568 Judiciary SB 5593 Budget HB 2577 Environment and Land Use SB 5594 Budget HB 2840 Rules SB 5595 Budget HB 2911 Rules SB 5596 Budget HB 2951 Revenue SB 5597 Budget HB 3017 Rules SB 5598 Budget HB 3158 Judiciary SB 5599 Budget HB 3159 Judiciary SB 5600 Budget HB 3183 Revenue SB 5601 Budget HB 3257 Rules SB 5602 Budget HB 3453 Revenue SB 5603 Budget HB 3461 Environment and Land Use SB 5604 Budget HB 3464 Rules SB 5605 Budget SB 5606 Budget Oregon Board of Dentistry (ORS 679.230) SB 5607 Budget Darren Huddleston Rules SB 5608 Budget SB 5609 Budget Oregon Government Standards and Practices SB 5610 Budget Commission (ORS 244.250) SB 5611 Budget SB 5612 Budget Thomas Bruner Rules SB 5613 Budget SB 5614 Budget Oregon Investment Council (ORS 293.706) SB 5615 Budget Katy Durant Rules SB 5616 Budget SB 5617 Budget Long Term Care Advisory Committee (ORS 441.137) SB 5618 Budget Marian Anderson (r) Rules SB 5619 Budget William Leiken (r) Rules SENATE JOURNAL SJ-131

SB 639 -- Report by Committee on Revenue State Board of Parole and Post-Prison Supervision recommending passage with amendments, be printed A-Engrossed. Subsequent referral to Committee on (ORS 144.005) Ways and Means rescinded by order of the President. Michael Washington (r) Rules Referred to Special Committee on Budget by order of the President. State Plumbing Board (ORS 693.115) SB 669 -- Report by Committee on Commerce Kathryn Mattimore Rules recommending passage with amendments and requesting referral to Committee on Ways and Means. Referred to Special Committee on Budget by Oregon International Board of Commissioners Port order of the President. of Coos Bay (ORS 777.925) SB 704 -- Report by Committee on Health Jerry Hampel (r) Rules Policy recommending passage with amendments and Caddy McKeown (r) Rules requesting referral to Committee on Ways and Daniel Smith (r) Rules Means. Referred to Special Committee on Budget by order of the President. State Board of Psychologist Examiners (ORS 675.100) SB 922 -- Report by Committee on Business and Rosemary Berdine (r) Rules Economic Development recommending passage with amendments. Public Employees’ Benefit Board (ORS 243.061) HB 2105 -- Report by Committee on Rules Rich Peppers (r) Rules recommending passage of the A-Engrossed bill. Rich Peppers Rules HB 2127 -- Report by Committee on Commerce Senate adjourned until 10:30 a.m. Tuesday by recommending passage. unanimous consent at the request of the Chair. HB 2139 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. Tuesday, May 17, 2005 -- Morning Session HB 2160 -- Report by Committee on Business Senate convened at 10:30 a.m. President and Economic Development recommending passage Courtney in Chair. The following members were with amendments to the A-Engrossed bill. present: Atkinson, Bates, Beyer, Brown, Burdick, HB 2199 -- Report by Committee on Rules Carter, Deckert, Devlin, Ferrioli, George, Gordly, recommending passage of the B-Engrossed bill. Johnson, Kruse, Metsger, Monnes Anderson, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, HB 2260 -- Report by Committee on Rules B., Starr, C., Verger, Walker, Westlund, Winters; recommending passage. excused -- Whitsett; attending legislative business - HB 2774 -- Report by Committee on Rules - Morrisette. Colors were posted and the Senate recommending passage. pledged allegiance to the flag. Invocation by Kathryn Harrison, Former Chairwoman of the Confederated HB 2916 -- Report by Committee on Rules Tribes of Grand Ronde. recommending passage. SB 929; HB 2237, 2569, 2706, 2862, 2958, 3087, Senate at ease. Senate reassembled. 3162, 3174, 3184, 3219, 3240, 3258, 3313, 3352 -- Message from the House announcing passage. SB 1040 -- Committee report and minority report read. Monnes Anderson moved the Senate HB 2289 -- Message from the House adopt the committee report. Kruse moved the announcing concurrence in Senate amendments and minority report be substituted for the committee repassage. report. Call of the Senate demanded by Brown joined by Gordly and Kruse. All present except Whitsett, Committee Report Summary No. 72 listing the excused; Morrisette, attending legislative business. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 1040 -- Motion to substitute minority report by order of the President. failed. The vote was: Ayes, 11; nays, 17 – Bates, Brown, Burdick, Carter, Deckert, Devlin, Gordly, SB 190 -- Report by Committee on Commerce Johnson, Metsger, Monnes Anderson, Prozanski, recommending passage with amendments and Ringo, Schrader, Shields, Verger, Walker, President requesting referral to Committee on Ways and Courtney; excused, 1 – Whitsett; attending legislative Means. Referred to Special Committee on Budget by business, 1 – Morrisette. Motion failed. order of the President. SB 1040 -- Bill, as amended by committee SB 329 -- Report by Committee on Human report, read third time. Carried by Monnes Services, signed by Morrisette, Chair, recommending Anderson. Call of the Senate demanded by Brown passage with amendments. Minority Report, signed joined by Kruse and Devlin. All present except by Kruse, Starr, C., recommending passage with Whitsett, excused; Morrisette, attending legislative different amendments. business. On passage of bill the vote was: Ayes, 19; nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse,

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Nelson, Starr, B., Starr, C., Winters; excused, 1 – those circumstances, I believe that the women who are Whitsett; attending legislative business, 1 – facing these situations are in the best position to decide Morrisette. Bill passed. what is the best alternative for themselves, not politicians.” SJR 2 -- Taken from today’s third reading SB 1045 -- Read third time. Carried by Walker. calendar and placed on May 18 calendar by voice vote On passage of bill the vote was: Ayes, 28; excused, 1 – on motion of Schrader. Whitsett; attending legislative business, 1 – Morrisette. Bill passed. SM 1 -- Taken from today’s third reading calendar and placed on May 20 calendar by voice vote HB 2237, 2569, 2706, 2862, 2958, 3087, 3162, on motion of Shields. 3174, 3184, 3219, 3240, 3258, 3313, 3352 -- Read first time and referred to President’s desk. SB 545 -- Taken from today’s third reading calendar and placed on May 20 calendar by voice vote HB 2105, 2127, 2139, 2199, 2260, 2774, 2916 -- on motion of Prozanski. Read second time and passed to third reading. SB 1060, 1065 -- Introduced, read first time and HB 2075 -- Read third time. Carried by referred to President’s desk. Deckert. On passage of bill the vote was: Ayes, 23; nays, 5 – Atkinson, Beyer, George, Kruse, Monnes SB 5555, 5556, 5557, 5558, 5559; 538, 841, 881, Anderson; excused, 1 – Whitsett; attending legislative 1011 -- Read second time and passed to third business, 1 – Morrisette. Bill passed. reading. HB 2096 A-Eng. -- Read third time. Carried by SB 5550 A-Eng. -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 28; Westlund. On passage of bill the vote was: Ayes, 22; excused, 1 – Whitsett; attending legislative business, nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, 1 – Morrisette. Bill passed. Starr, B.; excused, 1 – Whitsett; attending legislative business, 1 – Morrisette. Bill passed. SB 929; HJM 10; HB 2054, 2068, 2094, 2116, 2133, 2135, 2161, 2176, 2256, 2275, 2279, 2287, 2288, SB 5551 A-Eng. -- Read third time. Carried by 2291, 2328, 2352, 2370, 2395, 2439, 2443, 2446, 2578, Morse. On passage of bill the vote was: Ayes, 22; 2595, 2637, 2674, 2687, 2719, 3015, 3067 -- nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, President Courtney signed on May 17. Starr, B.; excused, 1 – Whitsett; attending legislative business, 1 – Morrisette. Bill passed. Senate adjourned until 10:30 a.m. Wednesday by unanimous consent at the request of the Chair. SB 5552 A-Eng. -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 21; nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Wednesday, May 18, 2005 -- Morning Session Starr, B.; excused, 1 – Whitsett; attending legislative business, 2 – Morrisette, Winters. Bill passed. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were SB 5553 A-Eng. -- Read third time. Carried by present: Atkinson, Bates, Beyer, Brown, Carter, Westlund. On passage of bill the vote was: Ayes, 21; Deckert, Devlin, Ferrioli, George, Gordly, Kruse, nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Starr, B.; excused, 2 – Whitsett, Winters; attending Nelson, Prozanski, Ringo, Shields, Starr, B., Starr, C., legislative business, 1 – Morrisette. Bill passed. Verger, Walker, Westlund, Whitsett, Winters; SB 5554 A-Eng. -- Read third time. Carried by excused – Burdick; attending legislative business – Nelson. On passage of bill the vote was: Ayes, 21; Johnson, Schrader. Colors were posted and the nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Senate pledged allegiance to the flag. Invocation by Starr, B.; excused, 2 – Whitsett, Winters; attending Ed Ben of the Confederated Tribes of Siletz. legislative business, 1 – Morrisette. Bill passed. HB 2113, 2203, 2221, 2303, 2322, 2359, 2360, SB 849 A-Eng. -- Read third time. Carried by 2429, 2614, 2681, 2754, 2776, 2803, 3050, 3090, 3092, Devlin. Call of the Senate demanded by Devlin joined 3093, 3121, 3272, 3312 -- Message from the House by Burdick and Starr, C. All present except Whitsett, announcing passage. excused; Morrisette, attending legislative business. HR 5 -- Message from the House announcing On passage of bill the vote was: Ayes, 22; nays, 6 – adoption. Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C.; excused, 1 – Whitsett; attending legislative business, HB 2214 -- Message from the House announcing 1 – Morrisette. Bill passed. concurrence in Senate amendments and repassage. SB 849 -- Prozanski requested the following SB 929; HJM 10; HB 2054 2068, 2094, 2116, explanation of vote be entered into the journal: 2133, 2135, 2161, 2176, 2256, 2275, 2279, 2287, 2288, 2291, 2328, 2352, 2370, 2395, 2439, 2443, 2446, 2578, “I voted for SB 849 because I believe that a woman 2595, 2637, 2674, 2687, 2719, 3015, 3067 -- Message who has been raped should have access to emergency from the House announcing the Speaker signed on contraception pills. SB 849 will permit a woman to access May 17. these pills through an authorized pharmacy when she is not able to contact her health provider. Committee Report Summary No. 73 listing the following reports was distributed to members today. “I understand that women who have not been raped Summary list recorded in Journal and Status Report also will be able to access emergency contraception pills. In by order of the President. SENATE JOURNAL SJ-133

SB 161 -- Report by Committee on Rules, signed HB 2113, 2203, 2221, 2303, 2322, 2359, 2360, by Brown, Chair, recommending passage with 2429, 2614, 2681, 2754, 2776, 2803, 3050, 3090, 3092, amendments. Minority Report, signed by Ringo, 3093, 3121, 3272, 3312 -- Read first time and Atkinson, recommending passage with different referred to President’s desk. amendments. HB 2160 -- Read second time and passed to SB 301 -- Report by Committee on Judiciary third reading. recommending passage with amendments and requesting referral to Special Committee on Budget. HB 2105 A-Eng. -- Read third time. Carried by Referred to Special Committee on Budget by order of Brown. On passage of bill the vote was: Ayes, 26; the President. nays, 2 – Schrader, Whitsett; excused, 1 – Burdick; attending legislative business, 1 – Johnson. Bill HB 2246 -- Report by Committee on Rules passed. recommending passage with amendments. HB 2127 -- Read third time. Carried by Beyer. SB 1011 -- Taken from today’s third reading On passage of bill the vote was: Ayes, 28; excused, 1 – calendar and placed on May 20 calendar by voice vote Burdick; attending legislative business, 1 – Johnson. on motion of Ringo. Bill passed. HB 2139 -- Taken from today’s third reading HB 2199 B-Eng. -- Read third time. Carried by calendar and placed on May 20 calendar by voice vote Shields. On passage of bill the vote was: Ayes, 27; on motion of Brown. nays, 1 – Schrader; excused, 1 – Burdick; attending legislative business, 1 – Johnson. Bill passed. SJR 2; SB 841 -- Taken from today’s third reading calendar and placed on May 20 calendar by HB 2260 -- Read third time. Carried by Brown. voice vote on motion of Deckert. On passage of bill the vote was: Ayes, 27; nays, 1 – Schrader; excused, 1 – Burdick; attending legislative SB 329, 922 -- Read second time and passed to business, 1 – Johnson. Bill passed. third reading. HB 2774 -- Read third time. Carried by SB 5555 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 28; Westlund. On passage of bill the vote was: Ayes, 24; excused, 1 – Burdick; attending legislative business, 1 nays, 5 – Atkinson, Beyer, Ferrioli, Kruse, Starr, B.; – Johnson. Bill passed. excused, 1 – Burdick. Bill passed. HB 2916 -- Read third time. Carried by Ringo. SB 5556 A-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 28; excused, 1 – Whitsett. On passage of bill the vote was: Ayes, 22; Burdick; attending legislative business, 1 – Johnson. nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Bill passed. Starr, B.; excused, 1 – Burdick; attending legislative business, 1 – Johnson. Bill passed. Senate adjourned until 10:30 a.m. Thursday by unanimous consent at the request of the Chair. SB 5557 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 23; nays, 5 – Atkinson, Beyer, Ferrioli, Kruse, Starr, B.; Thursday, May 19, 2005 -- Morning Session excused, 1 – Burdick; attending legislative business, 1 – Johnson. Bill passed. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were SB 5558 A-Eng. -- Read third time. Carried by present: Atkinson, Bates, Beyer, Brown, Carter, Morse. On passage of bill the vote was: Ayes, 23; Deckert, Devlin, Ferrioli, George, Gordly, Kruse, nays, 5 – Atkinson, Beyer, Ferrioli, Kruse, Starr, B.; Metsger, Monnes Anderson, Morrisette, Morse, excused, 1 – Burdick; attending legislative business, 1 Nelson, Prozanski, Ringo, Schrader, Shields, Starr, – Johnson. Bill passed. B., Starr, C., Verger, Walker, Westlund, Whitsett, SB 5559 A-Eng. -- Read third time. Carried by Winters; excused -- Burdick; attending legislative Morse. On passage of bill the vote was: Ayes, 22; business -- Johnson. Colors were posted and the nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Senate pledged allegiance to the flag. Invocation by Starr, B.; excused, 1 – Burdick; attending legislative Les Minthorn, Treasurer of the Board of Trustees for business, 1 – Johnson. Bill passed. the Confederated Tribes of the Umatilla Indian Reservation. Special music from selected recordings of SB 538 A-Eng. -- Read third time. Carried by Native American Jazz musician Jim Pepper. Westlund. Potential conflict of interest declared by Beyer. On passage of bill the vote was: Ayes, 25; SB 73, 177, 207, 398, 410; HB 2060, 2077, 2166, nays, 3 – Monnes Anderson, Schrader, Walker; 2205, 2339, 2404, 2408, 2480, 2507, 2513, 2669, 2742, excused, 1 – Burdick; attending legislative business, 1 2772, 2811, 2868, 2915, 3129, 3256, 3301, 3319, 3350, – Johnson. Bill passed. 3350, 3415, 3458 -- Message from the House announcing passage. SB 881 A-Eng. -- Read third time. Carried by Monnes Anderson. On passage of bill the vote was: SJM 7 -- Message from the House announcing Ayes, 28; excused, 1 – Burdick; attending legislative adoption. business, 1 – Johnson. Bill passed. HB 2290 -- Message from the House announcing concurrence in Senate amendments and repassage.

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HB 2005 -- Message from the House Courtesies of the Senate were extended to former announcing the Speaker signed on May 18. Governor Victor Atiyeh at the request of Ferrioli. Committee Report Summary No. 74 listing the HCR 10; HB 2197, 2246 -- Read second time following reports was distributed to members today. and passed to third reading. Summary list recorded in Journal and Status Report by order of the President. HB 2160 B-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 27; SB 5560 -- Report by Special Committee on absent, 1 – Ringo; excused, 1 – Burdick; attending Budget recommending passage with amendments. legislative business, 1 – Johnson. Bill passed. SB 5561 -- Report by Special Committee on Senate adjourned until 8:30 a.m. Friday by Budget recommending passage with amendments. unanimous consent at the request of the Chair. SB 5562 -- Report by Special Committee on Budget recommending passage with amendments. Friday, May 20, 2005 -- Morning Session SB 5563 -- Report by Special Committee on Senate convened at 8:30 a.m. President Courtney Budget recommending passage with amendments. in Chair. The following members were present: SB 5564 -- Report by Special Committee on Atkinson, Bates, Beyer, Brown, Burdick, Carter, Budget recommending passage with amendments. Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, SB 5565 -- Report by Special Committee on Nelson, Prozanski, Ringo, Schrader, Shields, Starr, Budget recommending passage with amendments. B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; excused -- Deckert. Colors were posted and SB 5566 -- Report by Special Committee on the Senate pledged allegiance to the flag. Invocation Budget recommending passage with amendments. by Bill White Eagle Wilson. SB 5567 -- Report by Special Committee on SB 929 -- Message from the Governor Budget recommending passage with amendments. announcing he signed on May 19. SB 5568 -- Report by Special Committee on SB 42; HB 2202, 2276, 2340, 2583, 3252 -- Budget recommending passage with amendments. Message from the House announcing passage. SB 568 -- Report by Committee on Judiciary SJR 12; HCR 9; HJM 14, 15, 16, 21, 25, 31, 32, recommending passage with amendments. 33, 36, 39; HJR 7 -- Message from the House HCR 10 -- Report by Committee on Rules announcing adoption. recommending adoption. Committee Report Summary No. 75 listing the HB 2072 -- Report by Committee on Business following reports was distributed to members today. and Economic Development recommending passage Summary list recorded in Journal and Status Report with amendments. by order of the President. HB 2197 -- Report by Committee on Revenue HCR 15 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. recommending adoption. SB 329 -- Consideration of the Committee and HB 2979 -- Report by Committee on Business Minority Reports taken from today’s calendar and and Economic Development recommending passage. placed on May 20 calendar by voice vote on motion of HB 2981 -- Report by Committee on Business Morrisette. and Economic Development recommending passage. SJR 34 -- Introduced, read first time and HB 3091 -- Report by Committee on Business referred to President’s desk. and Economic Development recommending passage. SB 161 -- Read second time and passed to third HCR 10 -- Made a Special Order of Business reading. immediately under final consideration by unanimous SJR 31 -- Read final time. Carried by Gordly. consent on motion of Prozanski. On adoption of resolution, the vote was: Ayes, 28; HCR 10 -- Under Special Order of Business, excused, 1 – Burdick; attending legislative business, 1 read final time. Carried by Prozanski. On adoption – Johnson. Resolution adopted. of resolution, the vote was: Ayes, 29; excused, 1 – SB 922 A-Eng. -- Read third time. Carried by Deckert. Resolution adopted. Burdick, absent when Metsger. Potential conflict of interest declared by roll called, granted unanimous consent to be recorded Verger. On passage of bill the vote was: Ayes, 25; as voting aye. nays, 3 – Beyer, Ferrioli, Kruse; excused, 1 – Burdick; SB 161 -- Committee report and minority report attending legislative business, 1 – Johnson. Bill read. Brown moved the Senate adopt the committee passed. report. Ringo moved the minority report be HB 2060, 2077, 2166, 2205, 2339, 2404, 2408, substituted for the committee report. Call of the 2480, 2507, 2513, 2669, 2742, 2772, 2811, 2868, 2915, Senate demanded by Brown joined by Gordly and 3129, 3256, 3301, 3319, 3350, 3415, 3458 -- Read Starr, C. All present except Prozanski, absent. first time and referred to President’s desk. Pending arrival of Prozanski, Senate at ease. Prozanski returned. All present. Senate reassembled. SENATE JOURNAL SJ-135

SB 161 -- Motion to substitute minority report This bill should have a waiting period; it should not offer carried. The vote was: Ayes, 18; nays, 12 – Bates, benefits to the wealthy. It needs further work.” Brown, Carter, Deckert, Devlin, George, Johnson, Monnes Anderson, Nelson, Schrader, Walker, SB 5560, 5561, 5562, 5563, 5564, 5565, 5566, President Courtney. Motion carried. 5567, 5568; 568 -- Read second time and passed to third reading. SB 161 A-Eng. -- Bill, as amended by minority report, read third time. Carried by Ringo. Call of the SJR 2; SM 1; SB 545, 841, 1011 -- Carried over Senate demanded by Ringo joined by Starr, C. and to May 23 calendar by unanimous consent at the Atkinson. All present. On passage of bill the vote request of the Chair. was: Ayes, 20; nays, 10 – Beyer, Brown, Carter, HCR 9; HJM 14, 15, 16, 21, 25, 31, 32, 33, 36; George, Kruse, Nelson, Starr, B., Starr, C., Walker, HJR 7, 20, 39; HB 2202, 2276, 2340, 2583, 3252 -- President Courtney. Bill passed. Read first time and referred to President’s desk. SB 161 -- Prozanski requested the following HCR 15; HB 2072, 2979, 2981, 3091 -- Read explanation of vote be entered into the journal: second time and passed to third reading. “I voted for SB161 to show my support for a process HB 2139, 2197, 2246 -- Carried over to May 23 that would allow the legislature to shed the heavy influence calendar by unanimous consent at the request of the of party politics during the legislative session. Chair. “I spoke with a Senator from Nebraska, the only state The following measures were referred to that now has a non-partisan legislature who stated that his committee on May 19 and recorded on Committee state has benefited from this form of representation. Referral List No. 41 which was distributed to Further, most of Oregon's elected offices (cities, school members. Referral list recorded in the Journal and boards, special districts, and some county commissions) are Status Report by order of the President. non-partisan. SB 1065 Rules; Budget “Many citizens complain that the partisanship of the legislature has created an unhealthy atmosphere for HB 2017 Business and Economic Development conducting the state's business. I supported SB161 with HB 2020 Rules; Budget the hope that it will allow members of all political parties to HB 2026 Rules work together without the burdens of a partisan process.” HB 2069 Business and Economic Development SB 329 -- Committee report and minority report HB 2099 Rules read. Morrisette moved the Senate adopt the HB 2167 Rules committee report. Kruse moved the minority report HB 2200 Business and Economic Development be substituted for the committee report. Call of the HB 2224 Judiciary Senate demanded by Brown joined by Atkinson and Ringo. All present. HB 2237 Revenue HB 2361 Judiciary SB 329 -- Motion to substitute minority report HB 2524 Rules failed. The vote was: Ayes, 12; nays, 18 – Bates, Brown, Burdick, Carter, Deckert, Devlin, Gordly, HB 2529 Environment and Land Use Johnson, Metsger, Monnes Anderson, Morrisette, HB 2569 Judiciary Prozanski, Ringo, Schrader, Shields, Verger, Walker, HB 2662 Commerce President Courtney. Motion failed. HB 2706 Rules SB 329 A-Eng. -- Bill, as amended by committee HB 2729 Environment and Land Use report, read third time. Carried by Morrisette. Call HB 2730 Judiciary of the Senate demanded by Brown joined by Bates HB 2862 Rules and Nelson. All present. HB 2927 Environment and Land Use SB 329 -- Kruse moved to refer to Special HB 2950 Revenue Committee on Budget. Senate at ease. Senate HB 2958 Business and Economic Development reassembled. Motion to refer to Special Committee on HB 2977 Judiciary Budget failed. The vote was: Ayes, 12; nays, 18 – Bates, Brown, Burdick Carter, Deckert, Devlin, HB 3081 Environment and Land Use Gordly, Johnson, Metsger, Monnes Anderson, HB 3087 Revenue Morrisette, Prozanski, Ringo, Schrader, Shields, HB 3162 Rules Verger, Walker, President Courtney. Motion failed. HB 3174 Rules SB 329 -- Debate resumed. On passage of bill HB 3184 Rules the vote was: Ayes, 19; nays, 11 – Atkinson, Beyer, HB 3197 Rules Ferrioli, George, Kruse, Morse, Nelson, Starr, B., HB 3219 Rules Starr, C., Whitsett, Winters. Bill passed. HB 3240 Rules SB 329 -- Verger requested the following HB 3258 Commerce explanation of vote be entered into the journal: HB 3310 Environment and Land Use “I voted “yes” on SB 329 only to force something to be HB 3313 Environment and Land Use done for affordable health care and prescription drug cost. HB 3329 Rules

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HB 3352 Judiciary HB 2179 -- Report by Committee on Business HB 3358 Revenue and Economic Development recommending passage of the A-Engrossed bill. HB 3454 Revenue HB 3463 Rules HB 2294 -- Report by Committee on Commerce HB 3465 Rules recommending passage. HB 2005 -- President Courtney signed on May HB 2449 -- Report by Committee on Revenue 20. recommending passage with amendments to the A- Engrossed bill. Senate adjourned until 10:30 a.m. Monday by unanimous consent at the request of the Chair. HB 2718 -- Report by Committee on Commerce recommending passage. Monday, May 23, 2005 -- Morning Session HB 2740 -- Report by Committee on Commerce recommending passage of the A-Engrossed bill. Senate convened at 10:30 a.m. President HB 3016 -- Report by Committee on Business Courtney in Chair. The following members were and Economic Development recommending passage. present: Atkinson, Bates, Beyer, Brown, Carter, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, HB 3459 -- Report by Committee on Judiciary Metsger, Monnes Anderson, Morrisette, Morse, recommending passage with amendments to the A- Nelson, Prozanski, Ringo, Schrader, Shields, Starr, Engrossed bill. B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; excused -- Burdick, Deckert. Colors were Report by Committee on Rules recommending posted and the Senate pledged allegiance to the flag. that the Governor’s appointments of Catherine Travis Invocation by Alan Bittel, Family Studies Program and Robb Van Cleave to the Board of Directors of Chair of Corban College, Salem. State Accident Insurance Fund Corporation be confirmed en bloc. Courtesies of the Senate were extended to former State Representative Bill Markham at the request of Report by Committee on Rules recommending Westlund. that the Governor’s appointments of Charles Barlow, John Jackson, Mary Meloy, Jay Rasmussen (r) SB 32, 43, 67, 70, 72, 75, 84, 96, 97, 104, 197, (appearance waived), Gary Reed and Susie Smith (r) 218, 233, 234, 259, 285, 302, 318, 330, 362, 363, 433, (appearance waived) to the Water Resources 575, 595, 645, 718, 839, 840, 879; HB 2228, 3466, Commission be confirmed en bloc. 3468 -- Message from the House announcing passage. SJR 2; SM 1; SB 841, 1011 -- Brown moved to take from today’s third reading calendar and place on HCR 14, HJM 13, 18, 35; HJR 25 -- Message May 31 calendar. Roll call vote requested by Ferrioli from the House announcing adoption. and Beyer. Call of the Senate demanded by Brown joined by Devlin and Ringo. All present except SB 694 -- Message from the House announcing Burdick, Deckert, excused; Walker, attending passage as amended by the House. legislative business. Pending arrival of members Committee Report Summary No. 76 listing the subject to the Call. Senate at ease. Walker returned. following reports was distributed to members May 20. All present except Burdick, Deckert, excused. Senate Summary list recorded in Journal and Status Report reassembled. The vote was: Ayes, 17; nays, 11 – by order of the President. Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters; SB 467 -- Report by Committee on Ways and excused, 2 – Burdick, Deckert. Motion carried. Means without recommendation as to passage and requesting referral to Special Committee on Budget. HB 2139 -- Taken from today’s third reading Referred to Special Committee on Budget by order of calendar and placed on May 24 calendar by voice vote the President. on motion of Starr, C. Committee Report Summary No. 77 listing the SB 545 -- Taken from today’s third reading following reports was distributed to members today. calendar and placed on May 24 calendar by voice vote Summary list recorded in Journal and Status Report on motion of Prozanski. by order of the President. SB 1066, 1067, 1068 -- Introduced, read first HJM 6 -- Report by Committee on Rules time and referred to President’s desk. recommending adoption. SB 5560 A-Eng. -- Read third time. Carried by HJR 50 -- Report by Committee on Rules Westlund. On passage of bill the vote was: Ayes, 23; recommending adoption. nays, 5 – Beyer, Ferrioli, George, Kruse, Starr, B.; excused, 2 – Burdick, Deckert. Bill passed. HB 2125 -- Report by Committee on Commerce recommending passage. SB 5561 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 22; HB 2126 -- Report by Committee on Commerce nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, recommending passage. Starr, B.; excused, 2 – Burdick, Deckert. Bill passed. SENATE JOURNAL SJ-137

SB 5562 A-Eng. -- Read third time. Carried by nays, 1 – Schrader; excused, 2 – Burdick, Deckert. Morrisette. On passage of bill the vote was: Ayes, 22; Bill passed. nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B.; excused, 2 – Burdick, Deckert. Bill passed. HB 2981 -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 28; SB 5563 A-Eng. -- Read third time. Carried by excused, 2 – Burdick, Deckert. Bill passed. Gordly. On passage of bill the vote was: Ayes, 21; nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 3091 -- Read third time. Carried by Starr, B.; excused, 2 – Burdick, Deckert; attending Atkinson. On passage of bill the vote was: Ayes, 28; legislative business, 1 – Ringo. Bill passed. excused, 2 – Burdick, Deckert. Bill passed. SB 5564 A-Eng. -- Read third time. Carried by SJM 7; SB 73, 177, 207, 398, 410 -- President Devlin. On passage of bill the vote was: Ayes, 21; Courtney signed on May 23. nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Senate adjourned until 10:30 a.m. Tuesday by Starr, B.; excused, 2 – Burdick, Deckert; attending unanimous consent at the request of the Chair. legislative business, 1 – Ringo. Bill passed. SB 5565 A-Eng. -- Read third time. Carried by Tuesday, May 24, 2005 -- Morning Session Nelson. On passage of bill the vote was: Ayes, 19; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Senate convened at 10:30 a.m. President Starr, B., Starr, C., Whitsett; excused, 2 – Burdick, Courtney in Chair. The following members were Deckert; attending legislative business, 1 – Ringo. present: Atkinson, Bates, Beyer, Brown, Carter, Bill passed. Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, SB 5566 A-Eng. -- Read third time. Carried by Nelson, Prozanski, Ringo, Shields, Starr, B., Starr, C., Carter. On passage of bill the vote was: Ayes, 27; Verger, Walker, Westlund, Whitsett, Winters; excused, 2 – Burdick, Deckert; attending legislative excused -- Burdick, Deckert; attending legislative business, 1 – Ringo. Bill passed. business -- Schrader. Colors were posted and the SB 5567 A-Eng. -- Read third time. Carried by Senate pledged allegiance to the flag. Invocation by Gordly. On passage of bill the vote was: Ayes, 22; Don Boderman, Director of the Student Enrichment nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Program at Western Oregon University, Monmouth. Starr, B.; excused, 2 – Burdick, Deckert. Bill passed. Musical performance by The Western Oregon University Chamber Singers, directed by Dr. Solveig SB 5568 A-Eng. -- Read third time. Carried by Holmquist. Devlin. On passage of bill the vote was: Ayes, 22; nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, SB 92, 103, 179; HB 2136, 2236, 2596, 2659, Starr, B.; excused, 2 – Burdick, Deckert. Bill passed. 2831, 3419, 3471 -- Message from the House announcing passage. SB 568 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 27; SB 431 -- Message from the House announcing nays, 1 – Schrader; excused, 2 – Burdick, Deckert. passage as amended by the House. Bill passed. HB 2741 -- Message from the House HCR 14; HJM 13, 18, 35; HJR 25; HB 2228, announcing Boone, Burley, Gilman appointed House 3466, 3468 -- Read first time and referred to conferees. President’s desk. Committee Report Summary No. 78 listing the HJM 6; HJR 50; HB 2125, 2126, 2179, 2294, following reports was distributed to members today. 2718, 2740, 3016 -- Read second time and passed to Summary list recorded in Journal and Status Report third reading. by order of the President. Senate at ease. Senate reassembled. SB 290 -- Report by Committee on Environment and Land Use recommending passage with HB 2197 -- Read third time. Taken from today’s amendments and requesting subsequent referral to third reading calendar and placed on May 25 calendar Committee on Ways and Means be rescinded. by unanimous consent at the request of the Chair. Subsequent referral to Committee on Ways and HB 2246 A-Eng. -- Read third time. Carried by Means rescinded by order of the President. Ferrioli. On passage of bill the vote was: Ayes, 27; SB 306 -- Report by Committee on Judiciary nays, 1 – Schrader; excused, 2 – Burdick, Deckert. recommending passage with amendments. Bill passed. SB 569 -- Report by Committee on Environment HCR 15 -- Read final time. Carried by Ferrioli. and Land Use recommending passage with On adoption of resolution, the vote was: Ayes, 28; amendments and requesting subsequent referral to excused, 2 – Burdick, Deckert. Resolution adopted. Committee on Ways and Means be rescinded. HB 2072 A-Eng. -- Read third time. Carried by Subsequent referral to Committee on Ways and Monnes Anderson. On passage of bill the vote was: Means rescinded by order of the President. Ayes, 28; excused, 2 – Burdick, Deckert. Bill passed. SB 731 -- Report by Committee on Environment HB 2979 -- Read third time. Carried by and Land Use recommending passage with Metsger. On passage of bill the vote was: Ayes, 27; amendments. Minority Report, signed by Atkinson,

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Beyer, recommending passage with different excused, 2 – Burdick, Deckert; attending legislative amendments. business, 1 – Schrader. Bill passed. SB 863 -- Report by Committee on Environment HB 2294 -- Read third time. Carried by Ringo. and Land Use recommending passage. On passage of bill the vote was: Ayes, 27; excused, 2 – Burdick, Deckert; attending legislative business, 1 – SB 1043 -- Report by Committee on Revenue Schrader. Bill passed. recommending passage, requesting subsequent referral to Committee on Ways and Means be HB 2718 -- Read third time. Carried by Beyer. rescinded and be referred to Special Committee on On passage of bill the vote was: Ayes, 27; excused, 2 – Budget. Subsequent referral to Committee on Ways Burdick, Deckert; attending legislative business, 1 – and Means rescinded and referred to Special Schrader. Bill passed. Committee on Budget by order of the President. HB 2740 A-Eng. -- Read third time. Carried by HCR 11 -- Report by Committee on Judiciary Prozanski. On passage of bill the vote was: Ayes, 27; recommending adoption with amendments. excused, 2 – Burdick, Deckert; attending legislative business, 1 – Schrader. Bill passed. HB 2139 -- Taken from today’s third reading calendar and placed on May 25 calendar by voice vote HB 3016 -- Read third time. Carried by on motion of Starr, C. Metsger. On passage of bill the vote was: Ayes, 27; excused, 2 – Burdick, Deckert; attending legislative SB 545 -- Taken from today’s third reading business, 1 – Schrader. Bill passed. calendar and placed on May 31 calendar by voice vote on motion of Prozanski. HB 2741 -- Metsger, Verger, Whitsett appointed Senate conferees. Ferrioli moved that the Senate confirm en bloc the Governor’s appointments of Catherine Travis and HJR 32; HB 2029, 2031, 2032, 2033, 2041, 2075, Robb Van Cleave to the Board of Directors of State 2084, 2096, 2105, 2127, 2173, 2199, 2214, 2257, 2260, Accident Insurance Fund Corporation. On 2289, 2290, 2469, 2632, 2633, 2774, 2916, 2980, 2982, confirmation the vote was: Ayes, 26; excused, 2 – 2983, 3088, 3089, 3324, 3359 -- President Courtney Burdick, Deckert; attending legislative business, 2 – signed on May 24. Schrader, Starr, B. Confirmed en bloc. Senate adjourned until 10:30 a.m. Wednesday by Ringo moved that the Senate confirm en bloc the unanimous consent at the request of the Chair. Governor’s appointments of Charles Barlow, John Jackson, Mary Meloy, Jay Rasmussen (r), Gary Reed, Wednesday, May 25, 2005 -- Morning Session and Susie Smith (r) to the Water Resources Commission. On confirmation the vote was: Ayes, Senate convened at 10:30 a.m. President 23; nays, 3 – Beyer, Kruse, Whitsett; excused, 2 – Courtney in Chair. The following members were Burdick, Deckert; attending legislative business, 2 – present: Atkinson, Bates, Beyer, Brown, Burdick, Schrader, Starr, B. Confirmed en bloc. Carter, Devlin, Ferrioli, George, Gordly, Johnson, SB 863 -- Read second time and passed to third Kruse, Metsger, Monnes Anderson, Morrisette, reading. Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, HB 2136, 2236, 2596, 2659, 2831, 3419, 3471 -- Whitsett, Winters; excused -- Deckert. Colors were Read first time and referred to President’s desk. posted and the Senate pledged allegiance to the flag. HB 2449, 3459 -- Read second time and passed Invocation by Reverend Lynne Smoose Lopez, to third reading. Ainsworth United Church of Christ, Portland. HJM 6 -- Read final time. Carried by Atkinson. SB 54, 76, 83, 101, 108, 136, 137, 178, 563, 574, On adoption of memorial, the vote was: Ayes, 27; 576, 690, 837, 859; HB 5077; 2191, 2733, 3363, 3479 - excused, 2 – Burdick, Deckert; attending legislative - Message from the House announcing passage. business, 1 – Schrader. Memorial adopted. SB 58 -- Message from the House announcing HJR 50 -- Read final time. Carried by Shields. passage as amended by the House. On adoption of resolution, the vote was: Ayes, 27; SJM 7; SB 73, 177, 207, 398, 410; HJR 32; HB excused, 2 – Burdick, Deckert; attending legislative 2029, 2031, 2032, 2033, 2041, 2075, 2084, 2096, 2105, business, 1 – Schrader. Resolution adopted. 2127, 2173, 2199, 2214, 2257, 2260, 2289, 2290, 2469, HB 2125 -- Read third time. Carried by 2632, 2633, 2774, 2916, 2980, 2982, 2983, 3088, 3089, Prozanski. On passage of bill the vote was: Ayes, 27; 3324, 3359 -- Message from the House announcing excused, 2 – Burdick, Deckert; attending legislative the Speaker signed on May 24. business, 1 – Schrader. Bill passed. Committee Report Summary No. 79 listing the HB 2126 -- Read third time. Carried by following reports was distributed to members May 24. Whitsett. On passage of bill the vote was: Ayes, 27; Summary list recorded in Journal and Status Report excused, 2 – Burdick, Deckert; attending legislative by order of the President. business, 1 – Schrader. Bill passed. SB 5526 -- Report by Committee on Ways and HB 2179 A-Eng. -- Read third time. Carried by Means without recommendation as to passage and Metsger. On passage of bill the vote was: Ayes, 27; requesting referral to Special Committee on Budget. SENATE JOURNAL SJ-139

Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5533 -- Report by Committee on Ways and SB 5545 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5534 -- Report by Committee on Ways and SB 5546 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5535 -- Report by Committee on Ways and SB 5547 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5536 -- Report by Committee on Ways and SB 5548 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5537 -- Report by Committee on Ways and SB 2 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5538 -- Report by Committee on Ways and SB 3 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5539 -- Report by Committee on Ways and SB 4 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5540 -- Report by Committee on Ways and SB 5 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5541 -- Report by Committee on Ways and SB 8 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5542 -- Report by Committee on Ways and SB 9 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5543 -- Report by Committee on Ways and SB 10 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 5544 -- Report by Committee on Ways and SB 16 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget.

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Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 38 -- Report by Committee on Ways and SB 194 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 44 -- Report by Committee on Ways and SB 228 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 45 -- Report by Committee on Ways and SB 232 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 49 -- Report by Committee on Ways and SB 247 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 53 -- Report by Committee on Ways and SB 289 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 71 -- Report by Committee on Ways and SB 300 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 82 -- Report by Committee on Ways and SB 311 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 88 -- Report by Committee on Ways and SB 351 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 152 -- Report by Committee on Ways and SB 352 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 155 -- Report by Committee on Ways and SB 358 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 156 -- Report by Committee on Ways and SB 359 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 173 -- Report by Committee on Ways and SB 364 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. SENATE JOURNAL SJ-141

Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 421 -- Report by Committee on Ways and SB 674 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 470 -- Report by Committee on Ways and SB 738 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 471 -- Report by Committee on Ways and SB 740 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 529 -- Report by Committee on Ways and SB 748 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 543 -- Report by Committee on Ways and SB 749 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 557 -- Report by Committee on Ways and SB 765 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 562 -- Report by Committee on Ways and SB 768 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 589 -- Report by Committee on Ways and SB 769 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 636 -- Report by Committee on Ways and SB 770 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 637 -- Report by Committee on Ways and SB 771 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 659 -- Report by Committee on Ways and SB 776 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 673 -- Report by Committee on Ways and SB 778 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget.

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Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 779 -- Report by Committee on Ways and SB 876 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 783 -- Report by Committee on Ways and SB 946 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 784 -- Report by Committee on Ways and SB 954 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 815 -- Report by Committee on Ways and SB 969 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 817 -- Report by Committee on Ways and SB 998 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 819 -- Report by Committee on Ways and SB 1005 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 824 -- Report by Committee on Ways and SB 1016 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 834 -- Report by Committee on Ways and SB 1053 -- Report by Committee on Ways and Means without recommendation as to passage and Means without recommendation as to passage and requesting referral to Special Committee on Budget. requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Referred to Special Committee on Budget by order of the President. the President. SB 835 -- Report by Committee on Ways and Committee Report Summary No. 80 listing the Means without recommendation as to passage and following reports was distributed to members today. requesting referral to Special Committee on Budget. Summary list recorded in Journal and Status Report Referred to Special Committee on Budget by order of by order of the President. the President. SB 199 -- Report by Committee on Judiciary SB 838 -- Report by Committee on Ways and recommending passage with amendments. Means without recommendation as to passage and requesting referral to Special Committee on Budget. SB 806 -- Report by Committee on Judiciary Referred to Special Committee on Budget by order of recommending passage with amendments. the President. HB 3304 -- Report by Committee on Business SB 850 -- Report by Committee on Ways and and Economic Development recommending passage Means without recommendation as to passage and with amendments to the A-Engrossed bill. requesting referral to Special Committee on Budget. SB 290, 306, 569, 731 -- Read second time and Referred to Special Committee on Budget by order of passed to third reading. the President. SB 863 -- Moved to the foot of today's third SB 870 -- Report by Committee on Ways and reading calendar by unanimous consent on motion of Means without recommendation as to passage and Ferrioli. requesting referral to Special Committee on Budget. SENATE JOURNAL SJ-143

HB 5077; 2191, 2733, 3363, 3479 -- Read first HB 2669 Rules time and referred to President’s desk. HB 2681 Rules HCR 11 -- Read second time and passed to third HB 2742 Judiciary reading. HB 2754 Rules HB 2139 A-Eng. -- Read third time. Carried by HB 2772 Rules Burdick. On passage of bill the vote was: Ayes, 27; HB 2776 Revenue nays, 1 – Schrader; excused, 1 – Deckert; attending HB 2803 Judiciary legislative business, 1 – Ringo. Bill passed. HB 2811 Judiciary HB 2197 A-Eng. -- Bill read. Carried by HB 2868 Revenue Prozanski. Call of the Senate demanded by Brown HB 2915 Rules joined by Walker and Prozanski. All present except HB 3050 Rules Deckert, excused. On passage of bill the vote was: Ayes, 16; nays, 13 – Atkinson, Beyer, Devlin, Ferrioli, HB 3090 Rules George, Johnson, Kruse, Morse, Nelson, Starr, B., HB 3092 Rules Starr, C., Whitsett, Winters; excused, 1 – Deckert. HB 3093 Rules Bill passed. HB 3121 Rules HB 2449 B-Eng. -- Read third time. Carried by HB 3129 Rules Prozanski. On passage of bill the vote was: Ayes, 27; HB 3256 Rules nays, 1 – Schrader; excused, 1 – Deckert; attending HB 3272 Rules legislative business, 1 – Ringo. Bill passed. HB 3301 Rules HB 3459 B-Eng. -- Read third time. Carried by HB 3312 Rules Burdick. On passage of bill the vote was: Ayes, 27; HB 3319 Rules nays, 1 – George; excused, 1 – Deckert; attending HB 3350 Revenue legislative business, 1 – Ringo. Bill passed. HB 3415 Rules Senate reverted to the order of Third Reading of HB 3458 Rules Senate Measures by unanimous consent at the request of the Chair. Senate adjourned until 10:30 a.m. Thursday by unanimous consent at the request of the Chair. SB 863 -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 27; Thursday, May 26, 2005 -- Morning Session nays, 1 – Schrader; excused, 1 – Deckert; attending legislative business, 1 – Ringo. Bill passed. Senate convened at 10:30 a.m. President Pro The following measures were referred to Tempore Carter in Chair. The following members committee on May 24 and recorded on Committee were present: Atkinson, Bates, Beyer, Brown, Referral List No. 42 which was distributed to President Courtney, Devlin, Ferrioli, George, Gordly, members. Referral list recorded in the Journal and Johnson, Kruse, Metsger, Monnes Anderson, Status Report by order of the President. Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Verger, Walker, SJR 34 Rules Westlund, Whitsett, Winters; excused -- Burdick, SB 1060 Rules; Budget Deckert; attending legislative business -- Starr, C. HB 2060 Rules Colors were posted and the Senate pledged allegiance HB 2077 Rules to the flag. Invocation by Reverend Marilyn Sewell of the First Unitarian Church, Portland. HB 2113 Rules HB 2166 Rules SB 78, 193, 219, 237, 238, 405, 735, 882, 953, HB 2203 Judiciary 983, 1044; HB 2174, 2525, 2800, 3179 -- Message from the House announcing passage. HB 2205 Judiciary HB 2221 Judiciary SJM 1; HM 3, 7 -- Message from the House HB 2303 Rules announcing adoption. HB 2322 Judiciary SB 55, 109, 458 -- Message from the House HB 2339 Rules announcing passage as amended by the House. HB 2359 Judiciary HB 2072, 2246 -- Message from the House HB 2360 Judiciary announcing concurrence in Senate amendments and HB 2404 Rules repassage. HB 2408 Rules HCR 10 -- Message from the House announcing HB 2429 Rules the Speaker signed on May 25. HB 2480 Rules Committee Report Summary No. 81 listing the HB 2507 Rules following reports was distributed to members today. HB 2513 Rules Summary list recorded in Journal and Status Report HB 2614 Rules by order of the President.

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SB 5569 -- Report by Special Committee on “It was explained as an innocuous watered down, Budget recommending passage with amendments. voluntary, encouraging-to-use program. Minimal cost! SB 5570 -- Report by Special Committee on “I have since checked with our fiscal office and find Budget recommending passage with amendments. there is likely to be a significant fiscal, unless the Water Resources Board has extra staff and time available. SB 5571 -- Report by Special Committee on Budget recommending passage with amendments. “The words in the bill are very prescriptive. It says Water Resources Department ‘shall develop and implement SB 5572 -- Report by Special Committee on a program for increasing statewide water use Budget recommending passage with amendments. measurement.’ Monitoring and tracking all water use will HB 2198 -- Report by Committee on be costly to the state and to agriculture. This may lead to Environment and Land Use recommending passage. more inappropriate restrictions on valid struggling agricultural enterprises. Senate at ease. Senate reassembled. “I will lobby hard in the House to change the wording SB 306; HCR 11 -- Taken from today’s third to voluntary or kill the bill.” reading calendar and placed on May 27 calendar by voice vote on motion of Brown. SB 1069, 1070 -- Introduced, read first time and referred to President’s desk. SB 569 -- Taken from today's third reading calendar and referred to Committee on Rules by voice SB 199, 806 -- Read second time and passed to vote on motion of Prozanski. third reading. SB 731 -- Committee report and minority report SB 290 A-Eng. -- Read third time. Carried by read. Shields moved that the Senate adopt the Shields. Potential conflict of interest declared by committee report. Beyer moved that the minority Beyer, Kruse, Nelson. Call of the Senate demanded by report be substituted for the committee report. Call of Brown joined by Devlin and Kruse. All present except the Senate demanded by Brown joined by Courtney Burdick, Deckert, excused; Starr, C., attending and Nelson. All present except Burdick, Deckert, legislative business. On passage of bill the vote was: excused; Bates, Starr, C., attending legislative Ayes, 16; nays, 11 – Atkinson, Beyer, Ferrioli, George, business. Pending arrival of members subject to the Kruse, Morse, Nelson, Starr, B., Westlund, Whitsett, Call, Senate at ease. All present except Burdick, Winters; excused, 2 – Burdick, Deckert; attending Deckert, excused; Starr, C., attending legislative legislative business, 1 – Starr, C. Bill passed. business. Senate reassembled. SB 290 -- Verger requested the following SB 731 -- Motion to substitute minority report explanation of vote be entered into the journal: failed. The vote was: Ayes, 11; nays, 16 – Bates, “In sessions past, I have supported the Agriculture Brown, Carter, Devlin, Gordly, Johnson, Metsger, Department, farmers, and other groups in trying to ward off Monnes Anderson, Morrisette, Prozanski, Ringo, the threat to privacy that pesticide reporting could bring. Schrader, Shields, Verger, Walker, President Courtney; excused, 2 – Burdick, Deckert; attending “This bill has been an effort to negotiate and legislative business, 1 – Starr, C. Motion failed. compromise on this issue and other concerns. SB 731 A-Eng. -- Bill, as amended by committee “It is time to have some reporting. By having this report, read third time. Call of the Senate demanded reporting come through the watersheds, it satisfies my by Brown joined by Verger and Gordly. All present concerns. I would have liked to have kept the 2009 sunset, except Burdick, Deckert, excused; Starr, C., attending but it was not enough to keep me from voting for this legislative business. On passage of bill the vote was: reasonable compromise.” Ayes, 16; nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Westlund, Whitsett, HB 2174, 2525, 2800, 3179 -- Read first time Winters; excused, 2 – Burdick, Deckert; attending and referred to President’s desk. legislative business, 1 – Starr, C. Bill passed. HB 2198, 3304 -- Read second time and passed SB 731 -- Verger requested the following to third reading. explanation of vote be entered into the journal: HCR 10 -- President Courtney signed on May “I voted for SB 731 with the understanding that this is 26. a Voluntary Program and the Department will in no way Senate adjourned until 8:30 a.m. Friday by make any changes to the reading of this bill by Rules or unanimous consent at the request of the Chair. otherwise. “I also hope that some change can be made in the Friday, May 27, 2005 -- Morning Session House to re-enforce the voluntary aspect of this bill.” Senate convened at 8:30 a.m. President Pro SB 731 -- Schrader requested the following Tempore Carter in Chair. The following members explanation of vote be entered into the journal: were present: Brown, Burdick, President Courtney, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, “I voted for the Majority Report on SB 731 because I Metsger, Monnes Anderson, Morrisette, Morse, gave my word based on what I believe to be faulty Nelson, Prozanski, Ringo, Schrader, Shields, Starr, information. B., Starr, C., Verger, Walker, Westlund, Whitsett; excused -- Atkinson, Beyer, Deckert, Winters; SENATE JOURNAL SJ-145 attending legislative business -- Bates. Colors were OF THE 73rd LEGISLATIVE ASSEMBLY posted by Larry Coffman, Jeff Bodenweiser and Rachel Crawford, representing US Marines and US ORS 161.385 provides that the Governor shall appoint the members of the Psychiatric Security Review Board, subject Army. Senate pledged allegiance to the flag. to Senate confirmation, in the manner provided by ORS Invocation by Mac McDonald, retired Marine Corps 171.562 and ORS 171.565. officer, Salem. I appoint Norwood Knight-Richardson of Portland to the The following messages from the Governor were Psychiatric Security Review Board for an unexpired four- read and referred to the President's desk: year term, as provided by statute, beginning June 15, 2005 and ending on June 30, 2005, effective upon Senate May 26, 2005 confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 346.130 provides that the Governor shall appoint the Ted Kulongoski members of the Commission for the Blind, subject to Senate Governor confirmation, in the manner provided by ORS 171.562 and ORS 171.565. May 26, 2005 I reappoint Frank Armstrong of Newport to the Commission for the Blind for a two-year term, as provided by statute, TO THE HONORABLE PRESIDENT OF THE SENATE beginning July 1, 2005 and ending on June 30, 2007, OF THE 73rd LEGISLATIVE ASSEMBLY effective upon Senate confirmation. ORS 161.385 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Psychiatric Security Review Board, subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Ted Kulongoski Governor I reappoint Norwood Knight-Richardson of Portland to the Psychiatric Security Review Board for a four-year term, as provided by statute, beginning July 1, 2005 and ending on May 26, 2005 June 30, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 346.130 provides that the Governor shall appoint the Ted Kulongoski members of the Commission for the Blind, subject to Senate Governor confirmation, in the manner provided by ORS 171.562 and ORS 171.565. May 26, 2005 I reappoint Irvin Handelman of Portland to the Commission for the Blind for a two-year term, as provided by statute, TO THE HONORABLE PRESIDENT OF THE SENATE beginning July 1, 2005 and ending on June 30, 2007, OF THE 73rd LEGISLATIVE ASSEMBLY effective upon Senate confirmation. ORS 181.620 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Board on Public Safety Standards and Training, subject to Senate confirmation, in the manner Sincerely, provided by ORS 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint Steven Piper of Gresham to the Board on Public Safety Standards and Training for an unexpired three-year term, as provided by statute, beginning July 1, 2005 and May 26, 2005 ending on June 30, 2007, effective upon Senate TO THE HONORABLE PRESIDENT OF THE SENATE confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 244.250 provides that the Governor shall appoint the Sincerely, members of the Government Standards and Practices Ted Kulongoski Commission, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I reappoint Delna Jones of Tigard to the Government May 26, 2005 Standards and Practices Commission for a four-year term, as provided by statute, beginning May 1, 2005 and ending TO THE HONORABLE PRESIDENT OF THE SENATE on April 30, 2009, effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 305.035 provides that the Governor shall appoint the Director of the Department of Revenue, subject to Senate Sincerely, confirmation, in the manner provided by ORS 171.562 and Ted Kulongoski ORS 171.565. Governor I appoint Elizabeth Harchenko of Salem as the Director of the Department of Revenue for a four-year term, as May 26, 2005 provided by statute, beginning May 12, 2005 and ending on TO THE HONORABLE PRESIDENT OF THE SENATE May 11, 2009, effective upon Senate confirmation.

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This appointment is submitted for your consideration. Committee Report Summary No. 82 listing the Sincerely, following report was distributed to members May 26. Ted Kulongoski Summary list recorded in Journal and Status Report Governor by order of the President.

SB 1037 -- Report by Committee on May 26, 2005 Environment and Land Use recommending passage TO THE HONORABLE PRESIDENT OF THE SENATE with amendments. OF THE 73rd LEGISLATIVE ASSEMBLY Committee Report Summary No. 83 listing the following reports was distributed to members today. ORS 185.520 provides that the Governor shall appoint the members of the Commission for Women, subject to Senate Summary list recorded in Journal and Status Report confirmation, in the manner provided by ORS 171.562 and by order of the President. ORS 171.565. HB 2063 -- Report by Committee on Health I appoint Ellie McPeak of Lake Oswego to the Commission Policy recommending passage. for Women for a three-year term, as provided by statute, beginning June 10, 2005 and ending on June 9, 2008, HB 2225 -- Report by Committee on Judiciary effective upon Senate confirmation. recommending passage. This appointment is submitted for your consideration. HB 2545 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. Sincerely, Ted Kulongoski HB 2548 -- Report by Committee on Judiciary Governor recommending passage.

May 26, 2005 HB 3157 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE SB 1071 -- Introduced, read first time and OF THE 73rd LEGISLATIVE ASSEMBLY referred to President’s desk. ORS 185.520 provides that the Governor shall appoint the members of the Commission for Women, subject to Senate SB 5569, 5570, 5571, 5572; 1037 -- Read second confirmation, in the manner provided by ORS 171.562 and time and passed to third reading. ORS 171.565. SB 199 A-Eng. -- Read third time. Carried by I reappoint Vicki Wegner of Portland to the Commission for Walker. On passage of bill the vote was: Ayes, 25; Women for a three-year term, as provided by statute, excused, 4 – Atkinson, Beyer, Deckert, Winters; beginning May 1, 2005 and ending on April 30, 2008, attending legislative business, 1 – Bates. Bill passed. effective upon Senate confirmation. SB 306 A-Eng. -- Read third time. Carried by This appointment is submitted for your consideration. Burdick. On passage of bill the vote was: Ayes, 24; Sincerely, nays, 1 – Schrader; excused, 4 – Atkinson, Beyer, Ted Kulongoski Deckert, Winters; attending legislative business, 1 – Governor Bates. Bill passed.

SB 806 A-Eng. -- Read third time. Carried by May 26, 2005 George. On passage of bill the vote was: Ayes, 25; TO THE HONORABLE PRESIDENT OF THE SENATE excused, 4 – Atkinson, Beyer, Deckert, Winters; OF THE 73rd LEGISLATIVE ASSEMBLY attending legislative business, 1 – Bates. Bill passed. ORS 185.520 provides that the Governor shall appoint the HB 2995, 3268 -- Read first time and referred to members of the Commission for Women, subject to Senate President’s desk. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 2063, 2225, 2545, 2548, 3157 -- Read second time and passed to third reading. I reappoint V. Anna Willman of Roseburg to the Commission for Women for a three-year term, as provided HCR 11 A-Eng. -- Read final time. Carried by by statute, beginning May 1, 2005 and ending on April 30, Burdick. On adoption of resolution, the vote was: 2008, effective upon Senate confirmation. Ayes, 25; excused, 4 – Atkinson, Beyer, Deckert, Winters; attending legislative business, 1 – Bates. This appointment is submitted for your consideration. Resolution adopted. Sincerely, Ted Kulongoski HB 2198 -- Read third time. Carried by Ringo. Governor On passage of bill the vote was: Ayes, 25; excused, 4 – Atkinson, Beyer, Deckert, Winters; attending SB 29, 90, 468, 486, 858, 923, 925; HB 2995, legislative business, 1 – Bates. Bill passed. 3268 -- Message from the House announcing passage. HB 3304 B-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 25; SCR 4, 5 -- Message from the House excused, 4 – Atkinson, Beyer, Deckert, Winters; announcing adoption. attending legislative business, 1 – Bates. Bill passed. SB 110, 281, 600, 856 -- Message from the Prozanski, absent when roll called, granted House announcing passage as amended by the House. unanimous consent to be recorded as voting aye. SENATE JOURNAL SJ-147

SB 32, 42, 43, 67, 70, 72, 75, 84, 92, 96, 97, 103, Report by Committee on Rules recommending 104, 179, 197, 218, 233, 234, 259, 285, 302, 318, 330, that the Governor’s appointment of Darren 362, 363, 433, 575, 595, 645, 718, 839, 840, 879 -- Huddleston to the Oregon Board of Dentistry be President Courtney signed on May 26. confirmed. Senate adjourned until 10:30 a.m. Tuesday by Report by Committee on Rules recommending unanimous consent at the request of the Chair. that the Governor’s appointment of Thomas Bruner to the Oregon Government Standards and Practices Tuesday, May 31, 2005 -- Morning Session Commission be confirmed. Report by Committee on Rules recommending Senate convened at 10:30 a.m. President that the Governor’s appointment of Katy Durant to Courtney in Chair. The following members were the Oregon Investment Council be confirmed. present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Report by Committee on Rules recommending Johnson, Kruse, Metsger, Monnes Anderson, that the Governor’s reappointments of Marian Morrisette, Morse, Nelson, Prozanski, Ringo, Anderson (appearance waived) and William Leiken Schrader, Shields, Starr, B., Starr, C., Verger, (appearance waived) to the Long Term Care Advisory Walker, Westlund, Whitsett, Winters. Colors were Committee be confirmed en bloc. posted and the Senate pledged allegiance to the flag. Report by Committee on Rules recommending Invocation by Pastor Marcus Elmer, West Hills that the Governor’s reappointment of Michael Community Church, Salem. Washington (appearance waived) to the State Board SB 73, 177, 207, 398, 410 -- Message from the of Parole and Post-Prison Supervision be confirmed. Governor announcing he signed on May 31. Report by Committee on Rules recommending SB 185, 445, 448, 620; HB 5092 -- Message from that the Governor’s appointment of Kathryn the House announcing passage. Mattimore to the State Plumbing Board be confirmed. SB 68, 74 -- Message from the House Report by Committee on Rules recommending announcing passage as amended by the House. that the Governor’s reappointments of Jerry Hampel (appearance waived), Caddy McKeown (appearance HB 2449, 3459 -- Message from the House waived) and Daniel Smith (appearance waived) to the announcing concurrence in Senate amendments and Oregon International Board of Commissioners Port of repassage. Coos Bay be confirmed en bloc. Committee Report Summary No. 84 listing the Report by Committee on Rules recommending following reports was distributed to members today. that the Governor’s reappointment of Rosemary Summary list recorded in Journal and Status Report Berdine (appearance waived) to the State Board of by order of the President. Psychologist Examiners be confirmed. SB 5574 -- Report by Special Committee on Report by Committee on Rules recommending Budget recommending passage with amendments. that the Governor’s appointment and reappointment SB 5575 -- Report by Special Committee on of Rich Peppers to the Public Employees’ Benefit Budget recommending passage with amendments. Board be confirmed. SB 5578 -- Report by Special Committee on SB 55 -- Senate refused to concur in House Budget recommending passage with amendments. amendments by voice vote on motion of Metsger. Conferees to be appointed. SB 5579 -- Report by Special Committee on Budget recommending passage with amendments. SB 58 A-Eng. -- Morrisette moved that the Senate concur in House amendments and repass bill. SB 5580 -- Report by Special Committee on On concurrence and repassage the vote was: Ayes, 28; Budget recommending passage with amendments. absent, 1 – Burdick; excused, 1 – Bates. Bill repassed. SB 5582 -- Report by Special Committee on SB 458 A-Eng. -- Monnes Anderson moved that Budget recommending passage with amendments. the Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: HB 2064 -- Report by Committee on Health Ayes, 28; absent, 1 – Burdick; excused, 1 – Bates. Bill Policy recommending passage. repassed. HB 2213 -- Report by Committee on Judiciary SB 600 B-Eng. -- Metsger moved that the recommending passage of the A-Engrossed bill. Senate concur in House amendments and repass bill. HB 2266 -- Report by Committee on Rules On concurrence and repassage the vote was: Ayes, 27; recommending passage. nays, 2 – Johnson, Schrader; excused, 1 – Bates. Bill repassed. HB 2547 -- Report by Committee on Judiciary recommending passage. SB 856 A-Eng. -- Shields moved that the Senate concur in House amendments and repass bill. On HB 3464 -- Report by Committee on Rules concurrence and repassage the vote was: Ayes, 27; recommending passage. nays, 2 – Beyer, Kruse; excused, 1 – Bates. Bill repassed.

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SB 1072, 1073 -- Introduced, read first time and HCR 14 Rules referred to President’s desk. HJM 13 Rules SJR 2 -- Read final time. Carried by Schrader. HJM 14 Rules On adoption of resolution, the vote was: Ayes, 26; HJM 15 Rules nays, 3 – Beyer, Kruse, Whitsett; excused, 1 – Bates. HJM 16 Rules Resolution adopted. HJM 18 Rules SM 1 -- Read final time. Carried by Shields. HJM 21 Rules Call of the Senate demanded by Brown joined by HJM 25 Rules Kruse and Monnes Anderson. All present. On adoption of memorial, the vote was: Ayes, 18; nays, 12 HJM 31 Rules – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, HJM 32 Rules Nelson, Starr, B., Starr, C., Westlund, Whitsett, HJM 33 Rules Winters. Memorial adopted. HJM 35 Rules SB 5569 A-Eng. -- Read third time. Carried by HJM 36 Rules Monnes Anderson. On passage of bill the vote was: HJR 7 Rules Ayes, 23; nays, 7 – Atkinson, Beyer, Ferrioli, George, HJR 20 Rules Kruse, Starr, B., Whitsett. Bill passed. HJR 25 Rules SB 5570 A-Eng. -- Read third time. Carried by HJR 39 Rules Monnes Anderson. On passage of bill the vote was: HB 2136 Rules Ayes, 22; nays, 8 – Atkinson, Beyer, Ferrioli, George, HB 2174 Rules Kruse, Starr, B., Starr, C., Verger. Bill passed. HB 2191 Revenue SB 5571 A-Eng. -- Read third time. Carried by HB 2202 Rules Westlund. On passage of bill the vote was: Ayes, 24; HB 2228 Rules nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B. Bill passed. HB 2236 Rules HB 2276 Rules SB 5572 A-Eng. -- Read third time. Carried by HB 2340 Rules Carter. On passage of bill the vote was: Ayes, 23; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 2525 Rules Starr, B., Whitsett. Bill passed. HB 2583 Rules HB 2596 Rules SB 545 A-Eng. -- Bill read. Carried by Prozanski. Call of the Senate demanded by Prozanski HB 2659 Revenue joined by Devlin and Verger. All present. On passage HB 2733 Rules of bill the vote was: Ayes, 17; nays, 13 – Atkinson, HB 2800 Rules Beyer, Carter, Ferrioli, George, Kruse, Morse, Nelson, HB 2831 Rules Starr, B., Starr, C., Westlund, Whitsett, Winters. Bill HB 2995 Rules passed. HB 3179 Rules SB 841, 1011, 1037 -- Carried over to June 1 HB 3252 Rules calendar by unanimous consent at the request of the HB 3268 Rules Chair. HB 3363 Rules HB 5092 -- Read first time and referred to HB 3419 Rules President’s desk. HB 3466 Rules; Budget HB 2064, 2213, 2266, 2547, 3464 -- Read second HB 3468 Rules time and passed to third reading. HB 3471 Rules HB 2063, 2225, 2545, 2548, 3157 -- Carried over HB 3479 Rules to June 1 calendar by unanimous consent at the request of the Chair. Commission for the Blind (ORS 346.130) The following measures were referred to Frank Armstrong (r) Rules committee on May 27 and recorded on Committee Irvin Handelman (r) Rules Referral List No. 43 which was distributed to members. Referral list recorded in the Journal and Oregon Government Standards and Practices Status Report by order of the President. Commission (ORS 244.250) SB 1066 Rules Delna Jones (r) Rules SB 1067 Rules SB 1068 Rules Psychiatric Security Review Board (ORS 161.385) SB 1069 Rules Norwood Knight-Richardson (a) & (r) SB 1070 Rules; Budget Rules SB 1071 Rules; Budget HCR 9 Rules Board on Public Safety Standards and Training (ORS SENATE JOURNAL SJ-149

181.620) HB 2356 -- Report by Committee on Environment and Land Use recommending passage Steven Piper Rules with amendments to the A-Engrossed bill.

Director Department of Revenue (ORS 305.035) HB 2415 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. Elizabeth Harchenko Rules HB 2500 -- Report by Committee on Rules recommending passage. Commission for Women (ORS 185.520) Ellie McPeak Rules HB 2723 -- Report by Committee on Judiciary Vicki Wegener (r) Rules recommending passage. V. Anna Willman (r) Rules HB 2926 -- Report by Committee on Environment and Land Use recommending passage. SB 54, 76, 83, 101, 108, 136, 137, 178, 563, 574, HB 2927 -- Report by Committee on 576, 690, 837, 859 -- President Courtney signed on Environment and Land Use recommending passage of May 31. the A-Engrossed bill. Senate adjourned until 10:30 a.m. Wednesday by HB 2978 -- Report by Committee on Judiciary unanimous consent at the request of the Chair. recommending passage of the A-Engrossed bill. HB 3266 -- Report by Committee on Judiciary Wednesday, June 1, 2005 -- Morning Session recommending passage. Senate convened at 10:30 a.m. President SB 74 A-Eng. -- Verger moved that the Senate Courtney in Chair. The following members were concur in House amendments and repass bill. On present: Atkinson, Bates, Beyer, Brown, Burdick, concurrence and repassage the vote was: Ayes, 29; Carter, Deckert, Devlin, Ferrioli, George, Gordly, excused, 1 – Nelson. Bill repassed. Johnson, Kruse, Metsger, Monnes Anderson, Rules suspended by unanimous consent in order Morrisette, Morse, Prozanski, Ringo, Schrader, that the Senate may take en bloc action on the Shields, Starr, B., Starr, C., Verger, Walker, confirmation of the following appointments on motion Westlund, Whitsett, Winters; excused -- Nelson. of Atkinson. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Reverend Cynthia O’Brien, Smith Memorial Presbyterian Church, Fairview. Oregon Board of Dentistry Musical performance by The Sam Barlow Saxophone Darren Huddleston Quartet, directed by Paul Nickolas, Gresham. SB 37, 85, 93, 98, 169, 172, 214, 267, 269, 430; Oregon Government Standards and Practices HB 2212, 2390, 2945, 3379, 3443, 3482 -- Message Commission from the House announcing passage. Thomas Bruner HCR 13 -- Message from the House announcing adoption. Oregon Investment Council SB 924, 926 -- Message from the House announcing passage as amended by the House. Katy Durant

Committee Report Summary No. 85 listing the Long Term Care Advisory Committee following reports was distributed to members today. Summary list recorded in Journal and Status Report Marian Anderson (r) by order of the President. William Leiken (r) SB 245 -- Report by Committee on Environment and Land Use recommending passage with State Board of Parole and Post-Prison Supervision amendments. Michael Washington (r) SB 1018 -- Report by Committee on Rules recommending passage with amendments. State Plumbing Board SB 1064 -- Report by Committee on Health Kathryn Mattimore Policy recommending passage with amendments. HJM 5 -- Report by Committee on Environment Oregon International Board of Commissioners Port and Land Use recommending adoption of the A- of Coos Bay Engrossed memorial. Jerry Hampel (r) HB 2145 -- Report by Committee on Judiciary Caddy McKeown (r) recommending passage. Daniel Smith (r)

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State Board of Psychologist Examiners HB 2266 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 29; Rosemary Berdine (r) excused, 1 – Nelson. Bill passed. HB 2547 -- Read third time. Carried by Starr, Public Employees’ Benefit Board C. On passage of bill the vote was: Ayes, 29; excused, Rich Peppers (a) and (r) 1 – Nelson. Bill passed. Under rules suspension, Atkinson moved that HB 3464 -- Read third time. Carried by the Senate confirm en bloc the Governor’s Atkinson. On passage of bill the vote was: Ayes, 28; appointments as listed in the motion to suspend the nays, 1 – Schrader; excused, 1 – Nelson. Bill passed. rules. On confirmation the vote was: Ayes, 27; nays, 2 – Beyer, Kruse; excused, 1 – Nelson. Confirmed en SJM 1; SB 78, 193, 219, 237, 238, 405, 486, 735, bloc. 882, 953, 983, 1044; HCR 15; HJM 6; HJR 50; HB 2125, 2126, 2139, 2160, 2179, 2197, 2294, 2718, 2740, SB 5574, 5575, 5578, 5579, 5580, 5582 -- Read 2979, 2981, 3016, 3091 -- President Courtney signed second time and passed to third reading. June 1. SB 841 A-Eng. -- Read third time. Carried by Senate adjourned until 10:30 a.m. Thursday by Deckert. Call of the Senate demanded by Deckert unanimous consent at the request of the Chair. joined by Brown and Devlin. All present except Nelson, excused. On passage of bill the vote was: Thursday, June 2, 2005 -- Morning Session Ayes, 24; nays, 5 – Beyer, Ferrioli, Kruse, Morse, Whitsett; excused, 1 – Nelson. Bill passed. Senate convened at 10:30 a.m. President SB 1011 -- Read third time. Carried by Ringo. Courtney in Chair. The following members were Taken from today’s third reading calendar and present: Atkinson, Bates, Beyer, Brown, Burdick, placed on June 2 calendar by voice vote on motion of Carter, Devlin, Ferrioli, Gordly, Johnson, Kruse, Ringo. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Verger, Walker, Westlund, Whitsett, SB 1037 -- Read third time. Carried by Ringo. Winters; attending legislative business -- Deckert, SB 1037 -- Ringo moved that bill be rereferred to George, Metsger, Monnes Anderson, Prozanski, Starr, Rules. The vote was: Ayes, 22; nays, 7 – Atkinson, C. Colors were posted and the Senate pledged Beyer, George, Kruse, Starr, B., Starr, C., Whitsett; allegiance to the flag. Invocation by Senator Frank excused, 1 – Nelson. Motion carried. Morse, Corvallis. HCR 13; HB 2212, 2390, 2945, 3379, 3443, 3482 SB 187, 367; HB 5093, 5094, 5095, 5096, 5097, -- Read first time and referred to President’s desk. 5098, 5099, 5100, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5114, 5115, 5116, HJM 5; HB 2145, 2415, 2500, 2723, 2926, 2927, 5117; 3037 -- Message from the House announcing 2978, 3266 -- Read second time and passed to third passage. reading. HJR 34 -- Message from the House announcing HB 2063 -- Read third time. Carried by adoption. Morrisette. On passage of bill the vote was: Ayes, 29; excused, 1 – Nelson. Bill passed. SB 385 -- Message from the House announcing passage as amended by the House. HB 2225 -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 28; HCR 11; HB 3304 -- Message from the House nays, 1 – Schrader; excused, 1 – Nelson. Bill passed. announcing concurrence in Senate amendments and repassage. HB 2545 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 28; SB 32, 42, 43, 54, 67, 70, 72, 75, 76, 83, 84, 92, nays, 1 – Verger; excused, 1 – Nelson. Bill passed. 96, 97, 101, 103, 104, 108, 136, 137, 178, 179, 197, 218, 233, 234, 259, 285, 302, 318, 330, 362, 363, 433, HB 2548 -- Read third time. Carried by 563, 574, 575, 576, 595, 645, 690, 718, 837, 839, 840, Prozanski. On passage of bill the vote was: Ayes, 29; 859, 879; HCR 15; HJM 6; HJR 50; HB 2125, 2126, excused, 1 – Nelson. Bill passed. 2139, 2160, 2179, 2197, 2294, 2718, 2740, 2979, 2981, 3016, 3091 -- Message from the House announcing HB 3157 A-Eng. -- Read third time. Carried by the Speaker signed on June 1. Prozanski. On passage of bill the vote was: Ayes, 29; excused, 1 – Nelson. Bill passed. Committee Report Summary No. 86 listing the following reports was distributed to members today. HB 2064 -- Read third time. Carried by Kruse. Summary list recorded in Journal and Status Report On passage of bill the vote was: Ayes, 28; nays, 1 – by order of the President. George; excused, 1 – Nelson. Bill passed. SCR 9 -- Report by Committee on Rules HB 2213 A-Eng. -- Read third time. Carried by recommending adoption. Beyer. On passage of bill the vote was: Ayes, 29; excused, 1 – Nelson. Bill passed. SB 426 -- Report by Committee on Commerce recommending passage with amendments. SENATE JOURNAL SJ-151

SB 503 -- Report by Committee on Health SB 5574 A-Eng. -- Read third time. Carried by Policy recommending passage with amendments. Devlin. Call of the Senate demanded by Schrader Minority Report, signed by George, Kruse, joined by Devlin and Ringo. All present except recommending passage with different amendments. Deckert, George, Metsger, Monnes Anderson, Prozanski, attending legislative business. Pending SB 948 -- Report by Committee on Judiciary arrival of members subject to the Call, Senate at ease. recommending passage with amendments. Further proceedings under the Call terminated by SB 955 -- Report by Committee on Business and unanimous consent at the request of Schrader. All Economic Development recommending passage with present except Deckert, George, Metsger, Monnes amendments. Anderson, Prozanski, attending legislative business. Senate reassembled. SB 1057 -- Report by Committee on Commerce recommending passage with amendments. SB 5574 A-Eng. -- On passage of bill the vote was: Ayes, 18; nays, 7--Atkinson, Beyer, Ferrioli, HB 2017 -- Report by Committee on Business Kruse, Starr, B., Starr, C., Whitsett; attending and Economic Development recommending passage of legislative business, 5--Deckert, George, Metsger, the A-Engrossed bill. Monnes Anderson, Prozanski. Bill passed. HB 2071 -- Report by Committee on Business SB 5575 A-Eng. -- Read third time. Carried by and Economic Development recommending passage. Bates. Call of the Senate demanded by Schrader HB 2237 -- Report by Committee on Revenue joined by Ringo and Gordly. All present except recommending passage. Deckert, George, Metsger, Monnes Anderson, Prozanski, attending legislative business. On passage HB 2579 -- Report by Committee on Business of bill the vote was: Ayes, 19; nays, 6 – Atkinson, and Economic Development recommending passage of Beyer, Ferrioli, Kruse, Starr, B., Starr, C.; attending the A-Engrossed bill. legislative business, 5 – Deckert, George, Metsger, Monnes Anderson, Prozanski. Bill passed. HB 2662 -- Report by Committee on Commerce recommending passage of the A-Engrossed bill. SB 5578 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 23; HB 2881 -- Report by Committee on nays, 5 – Atkinson, Beyer, Ferrioli, Kruse, Starr, B.; Environment and Land Use recommending passage attending legislative business, 2 – George, Monnes with amendments. Anderson. Bill passed. SB 281 A-Eng. -- Ringo moved that the Senate SB 5579 A-Eng. -- Read third time. Carried by concur in House amendments and repass bill. On Westlund. On passage of bill the vote was: Ayes, 21; concurrence and repassage the vote was: Ayes, 23; nays, 7 – Atkinson, Beyer, Ferrioli, Kruse, Starr, B., attending legislative business, 7 – Carter, Deckert, Starr, C., Whitsett; attending legislative business, 2 – George, Metsger, Monnes Anderson, Prozanski, Starr, George, Monnes Anderson. Bill passed. C. Bill repassed. SB 5580 A-Eng. -- Read third time. Carried by SB 431 B-Eng. -- Ringo moved that the Senate Devlin. On passage of bill the vote was: Ayes, 21; concur in House amendments and repass bill. On nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, concurrence and repassage the vote was: Ayes, 23; Starr, B., Starr, C., Whitsett; attending legislative attending legislative business, 7 – Carter, Deckert, business, 1 – Monnes Anderson. Bill passed. George, Metsger, Monnes Anderson, Prozanski, Starr, C. Bill repassed. SB 5582 A-Eng. -- Read third time. Carried by Westlund. On passage of bill the vote was: Ayes, 21; SB 924 A-Eng. -- Brown moved that the Senate nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, concur in House amendments and repass bill. On Starr, B., Starr, C., Whitsett; attending legislative concurrence and repassage the vote was: Ayes, 23; business, 1 – Monnes Anderson. Bill passed. attending legislative business, 7 – Carter, Deckert, George, Metsger, Monnes Anderson, Prozanski, Starr, HJR 34; HB 5093, 5094, 5095, 5096, 5097, 5098, C. Bill repassed. 5099, 5100, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5114, 5115, 5116, 5117; SB 926 A-Eng. -- Brown moved that the Senate 3037 -- Read first time and referred to President’s concur in House amendments and repass bill. On desk. concurrence and repassage the vote was: Ayes, 23; attending legislative business, 7 – Carter, Deckert, HB 2017, 2071, 2237, 2356, 2579, 2662 -- Read George, Metsger, Monnes Anderson, Prozanski, Starr, second time and passed to third reading. C. Bill repassed. HJM 5 A-Eng. -- Read final time. Carried by SB 1011 -- Ringo moved that bill be referred to Atkinson. On adoption of memorial, the vote was: Committee on Rules. Motion carried on voice vote. Ayes, 29; attending legislative business, 1 – Monnes Anderson. Memorial adopted. SR 2; SB 1074, 1075 -- Introduced, read first time and referred to President’s desk. HB 2145 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 26; nays, 1 – SCR 9; SB 245, 1018, 1064 -- Read second time Johnson; attending legislative business, 3 – Monnes and passed to third reading. Anderson, Nelson, Westlund. Bill passed.

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HB 2415 A-Eng. -- Read third time. Carried by SJM 4 -- Message from the House announcing Ringo. On passage of bill the vote was: Ayes, 27; adoption. attending legislative business, 3 – Monnes Anderson, Nelson, Westlund. Bill passed. SB 81, 225, 346, 512, 688 -- Message from the House announcing passage as amended by the House. HB 2500 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 28; HB 2498 -- Message from the House attending legislative business, 2 – Monnes Anderson, announcing House refusal to concur in Senate Nelson. Bill passed. Bates, absent when roll called, amendments. granted unanimous consent to be recorded as voting HB 2498 -- Message from the House announcing aye. Westlund, attending legislative business when Berger, Dalto, Greenlick appointed House conferees. roll called, granted unanimous consent to be recorded as voting aye. Committee Report Summary No. 87 listing the following reports was distributed to members today. HB 2723 -- Read third time. Carried by Summary list recorded in Journal and Status Report Whitsett. On passage of bill the vote was: Ayes, 25; by order of the President. nays, 3 – Johnson, Schrader, Verger; attending legislative business, 2 – Monnes Anderson, Nelson. SB 5588 -- Report by Special Committee on Bill passed. Bates, absent when roll called, granted Budget recommending passage with amendments. unanimous consent to be recorded as voting aye. SB 5591 -- Report by Special Committee on Westlund, attending legislative business when roll Budget recommending passage with amendments. called, granted unanimous consent to be recorded as voting aye. SB 5592 -- Report by Special Committee on Budget recommending passage with amendments. HB 2926 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 28; attending SB 5596 -- Report by Special Committee on legislative business, 2 – Monnes Anderson, Nelson. Budget recommending passage with amendments. Bill passed. Bates, absent when roll called, granted unanimous consent to be recorded as voting aye. SB 5597 -- Report by Special Committee on Westlund, attending legislative business when roll Budget recommending passage with amendments. called, granted unanimous consent to be recorded as SB 5598 -- Report by Special Committee on voting aye. Budget recommending passage with amendments. HB 2927 A-Eng. -- Read third time. Carried by SB 5599 -- Report by Special Committee on Ringo. On passage of bill the vote was: Ayes, 26; Budget recommending passage with amendments. attending legislative business, 4 – Bates, Monnes Anderson, Nelson, Westlund. Bill passed. SB 467 -- Report by Special Committee on Budget recommending passage. HB 2978 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; SB 528 -- Report by Committee on Judiciary attending legislative business, 4 – Bates, Monnes recommending passage with amendments. Anderson, Nelson, Westlund. Bill passed. SB 978 -- Report by Committee on Judiciary HB 3266 -- Read third time. Carried by recommending passage with amendments. Burdick. On passage of bill the vote was: Ayes, 28; SB 1028 -- Report by Committee on Rules attending legislative business, 2 – Monnes Anderson, recommending passage with amendments and Nelson. Bill passed. requesting subsequent referral to Committee on Ways Senate adjourned until 8:30 a.m. Friday by and Means be rescinded, and be referred to Special unanimous consent at the request of the Chair. Committee on Budget, be printed A-Engrossed. Subsequent referral to Committee on Ways and Friday, June 3, 2005 -- Morning Session Means rescinded. Referred to Special Committee on Budget by order of the President. Senate convened at 8:30 a.m. President Courtney HB 5077 -- Report by Committee on Ways and in Chair. The following members were present: Means recommending passage of the A-Engrossed Atkinson, Bates, Beyer, Brown, Burdick, Carter, bill. Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Morse, Nelson, Prozanski, Schrader, HB 2051 -- Report by Committee on Judiciary Shields, Starr, B., Starr, C., Verger, Walker, recommending passage with amendments. Westlund, Whitsett, Winters; excused -- Ringo; HB 2069 -- Report by Committee on Business attending legislative business -- Monnes Anderson, and Economic Development recommending passage Morrisette. Colors were posted and the Senate with amendments to the A-Engrossed bill. pledged allegiance to the flag. Invocation by Megan Flora, student of Willamette University, North Bend. HB 2305 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. SB 122, 327, 328, 353, 643, 970; HB 5118, 5119, 5120, 5121, 5122, 5123, 5125, 5127; 2833, 2933, 2976, HB 2568 -- Report by Committee on Judiciary 3096 -- Message from the House announcing recommending passage. passage. HB 2634 -- Report by Committee on Judiciary recommending passage of the A-Engrossed bill. SENATE JOURNAL SJ-153

HB 2724 -- Report by Committee on Judiciary HB 2662 A-Eng. -- Read third time. Carried by recommending passage with amendments. Prozanski. On passage of bill the vote was: Ayes, 26; excused, 3 – Atkinson, Morrisette, Ringo; attending HB 2977 -- Report by Committee on Judiciary legislative business, 1 – Monnes Anderson. Bill recommending passage. passed. HB 3081 -- Report by Committee on Senate reverted to the order of Third Reading of Environment and Land Use recommending passage of Senate Measures by unanimous consent at the the A-Engrossed bill. request of the Chair. HB 3461 -- Report by Committee on SB 1018 A-Eng. -- Read third time. Carried by Environment and Land Use recommending passage. Brown. On passage of bill the vote was: Ayes, 24; SB 245 -- Taken from today’s third reading nays, 2 – Beyer, Kruse; excused, 3 – Atkinson, calendar and placed on June 7 calendar by voice vote Morrisette, Ringo; attending legislative business, 1 – on motion of Brown. Monnes Anderson. Bill passed. (President Courtney in Chair) SB 426, 467, 503, 948, 955, 1057 -- Read second time and passed to third reading. President Courtney announced that he is invoking the provisions of the one-hour notice rule in SCR 9 -- Read final time. Carried by Carter. accordance with Senate Rule 8.16. On adoption of resolution, the vote was: Ayes, 26; excused, 3 – Atkinson, Morrisette, Ringo; attending “The committee chair may call a meeting of the legislative business, 1 – Monnes Anderson. committee with less than 24 hours’ notice if, at least one Resolution adopted. (Carter in Chair) hour prior to the meeting, notice is given to the Secretary of the Senate’s office, posted outside the Senate Chamber, in SB 1018 -- Moved to the foot of today's third the press room, and in any other place reasonably designed reading calendar by unanimous consent at the to give notice to the public and interested persons.” request of the Chair. “Written notice must also be delivered to all SB 1064 A-Eng. -- Read third time. Carried by committee members’ offices who have not been excused Courtney. On passage of bill the vote was: Ayes, 26; from attendance pursuant to Senate Rule 3.10. Whenever excused, 3 – Atkinson, Morrisette, Ringo; attending possible, such meetings shall be announced on the floor legislative business, 1 – Monnes Anderson. Bill while the Senate is in session.” passed. The following measures were referred to HB 5118, 5119, 5120, 5121, 5122, 5123, 5125, committee on June 2 and recorded on Committee 5127; 2833, 2933, 2976, 3096 -- Read first time and Referral List No. 44 which was distributed to referred to President’s desk. members. Referral list recorded in the Journal and Status Report by order of the President. HB 5077; 2305, 2568, 2634, 2881, 2977, 3081, 3461 -- Read second time and passed to third SB 1072 Rules reading. SB 1073 Rules HB 2017 A-Eng. -- Read third time. Carried by HB 5077 Ways and Means Starr, B. On passage of bill the vote was: Ayes, 26; HB 5092 Budget excused, 3 – Atkinson, Morrisette, Ringo; attending SCR 4, 5; SB 29, 37, 58, 85, 90, 93, 98, 169, 172, legislative business, 1 – Monnes Anderson. Bill 185, 214, 267, 269, 430, 445, 448, 458, 468, 600, 620, passed. 856, 858, 923, 925; HM 3,7; HB 2072, 2198, 2246, HB 2071 -- Read third time. Carried by 2249, 3459 -- President Courtney signed June 3. Metsger. On passage of bill the vote was: Ayes, 25; Senate adjourned until 10:30 a.m. Monday by excused, 3 – Atkinson, Morrisette, Ringo; attending legislative business, 2 – Monnes Anderson, President unanimous consent at the request of the Chair. Courtney. Bill passed. Monday, June 6, 2005 -- Morning Session HB 2237 -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 25; excused, Senate convened at 10:30 a.m. President 3 – Atkinson, Morrisette, Ringo; attending legislative Courtney in Chair. The following members were business, 2 – Monnes Anderson, President Courtney. present: Atkinson, Bates, Burdick, Carter, Deckert, Bill passed. Devlin, Ferrioli, George, Gordly, Johnson, Kruse, HB 2356 B-Eng. -- Read third time. Carried by Metsger, Monnes Anderson, Morrisette, Morse, Beyer. On passage of bill the vote was: Ayes, 25; Nelson, Prozanski, Ringo, Schrader, Shields, Starr, excused, 3 – Atkinson, Morrisette, Ringo; attending B., Starr, C., Verger, Walker, Westlund, Whitsett, legislative business, 2 – Monnes Anderson, President Winters; excused -- Beyer; attending legislative Courtney. Bill passed. business -- Brown. Colors were posted and the Senate pledged allegiance to the flag. Invocation by HB 2579 A-Eng. -- Read third time. Carried by Pastor Glen Hossler, Oak Park Community Church of Starr, B. On passage of bill the vote was: Ayes, 26; God, Salem. excused, 3 – Atkinson, Morrisette, Ringo; attending legislative business, 1 – Monnes Anderson. Bill SB 135, 221, 579; HB 2974, 3469 -- Message passed. from the House announcing passage.

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SCR 7 -- Message from the House announcing HB 2051, 2069, 2258, 2724, 2950, 3313 -- Read adoption. second time and passed to third reading. SJM 1; SB 78, 193, 219, 237, 238, 405, 486, 735, HB 5077 -- Moved to the foot of today's third 882, 953, 983, 1044; HM 3,7; HB 2072, 2198, 2246, reading calendar by unanimous consent at the 2449, 3459 -- Message from the House announcing request of the Chair. the Speaker signed on June 3. HB 2305 A-Eng. -- Read third time. Carried by Committee Report Summary No. 88 listing the Burdick. On passage of bill the vote was: Ayes, 28; following reports was distributed to members today. excused, 1 – Beyer; attending legislative business, 1 – Summary list recorded in Journal and Status Report Brown. Bill passed. by order of the President. HB 2568 -- Read third time. Carried by SB 408 -- Report by Committee on Business and Burdick. On passage of bill the vote was: Ayes, 27; Economic Development recommending passage with nays, 1 – Kruse; excused, 1 – Beyer; attending amendments to the A-Engrossed bill. Minority legislative business, 1 – Brown. Bill passed. Report, signed by Starr, B., Atkinson recommending passage with different amendments to the A- HB 2634 A-Eng. -- Read third time. Carried by Engrossed bill. Whitsett. On passage of bill the vote was: Ayes, 28; excused, 1 – Beyer; attending legislative business, 1 – SB 672 -- Report by Committee on Business and Brown. Bill passed. Economic Development recommending passage with amendments. HB 2881 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 28; HB 2258 -- Report by Committee on excused, 1 – Beyer; attending legislative business, 1 – Environment and Land Use recommending passage. Brown. Bill passed. HB 2577 -- Report by Committee on HB 2977 -- Read third time. Carried by Environment and Land Use recommending passage Walker. On passage of bill the vote was: Ayes, 28; with amendments to the A-Engrossed bill. excused, 1 – Beyer; attending legislative business, 1 – Brown. Bill passed. HB 2950 -- Report by Committee on Revenue recommending passage to the A-Engrossed bill. HB 3081 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 27; HB 3273 -- Report by Committee on Business nays, 1 – Verger; excused, 1 – Beyer; attending and Economic Development recommending passage legislative business, 1 – Brown. Bill passed. with amendments to the A-Engrossed bill. HB 3461 -- Read third time. Carried by Ringo. HB 3313 -- Report by Committee on Taken from today’s third reading calendar and Environment and Land Use recommending passage of placed on June 7 calendar by voice vote on motion of the A-Engrossed bill. Ringo. SB 503 -- Consideration of Committee and HB 5077 A-Eng. -- Read third time. Carried by Minority Reports taken from today’s calendar and Schrader. (Devlin in Chair) (President Courtney in placed on June 7 calendar by voice vote on motion of Chair) Call of the Senate demanded by Schrader Monnes Anderson. joined by Kruse and Devlin. All present except Beyer, SB 426, 1057 -- Taken from today’s third excused; Brown, attending legislative business. On reading calendar and placed on June 7 calendar by passage of bill the vote was: Ayes, 18; nays, 10 – voice vote on motion of Prozanski. Atkinson, Ferrioli, George, Kruse, Morrisette, Prozanski, Starr, B., Starr, C., Walker, Whitsett; SB 5588, 5591, 5592, 5596, 5597, 5598, 5599; excused, 1 – Beyer; attending legislative business, 1 – 528, 978 -- Read second time and passed to third Brown. Bill passed. reading. HB 5077 -- Prozanski requested the following SB 467 -- Read third time. Carried by Devlin, explanation of vote be entered into the journal: Deckert. On passage of bill the vote was: Ayes, 25; nays, 3 – Ferrioli, George, Kruse; excused, 1 – Beyer; “I voted against HB 5077 because I do not support attending legislative business, 1 – Brown. Bill taking dedicated funding collected for specific programs and passed. using it to offset other expenses of an agency. When funds are collected for a specific program, we should use them on SB 948 A-Eng. -- Read third time. Carried by that program. We should not use those funds to backfill the Prozanski. On passage of bill the vote was: Ayes, 25; expenses of other programs or other agency expenses. This nays, 2 – Kruse, Walker; excused, 2 – Beyer, Metsger; type of practice causes Oregonians to question the attending legislative business, 1 – Brown. Bill credibility of the legislature.” passed. The following measures were referred to SB 955 A-Eng. -- Read third time. Carried by committee on June 3 and recorded on Committee Starr, B. On passage of bill the vote was: Ayes, 28; Referral List No. 45 which was distributed to excused, 1 – Beyer; attending legislative business, 1 – members. Referral list recorded in the Journal and Brown. Bill passed. Status Report by order of the President. HB 2974, 3469 -- Read first time and referred to SR 2 Rules President’s desk. SENATE JOURNAL SJ-155

SB 1074 Rules Courtney, Deckert, Devlin, Ferrioli, George, Gordly, SB 1075 Rules; Revenue Johnson, Kruse, Monnes Anderson, Morrisette, HCR 13 Rules Morse, Nelson, Prozanski, Ringo, Schrader, Shields, HJR 34 Rules Starr, B., Starr, C., Verger, Walker, Westlund, HB 5093 Budget Whitsett, Winters. (President Courtney in Chair) Colors were posted and the Senate pledged allegiance HB 5094 Budget to the flag. Invocation by Bishop Peter Storey, retired HB 5095 Budget Bishop in the Methodist Church of South Africa. HB 5096 Budget HB 5097 Budget SB 79, 131, 462, 481, 487, 594, 1002; HB 2315, HB 5098 Budget 2335, 3083, 3143, 3374 -- Message from the House HB 5099 Budget announcing passage. HB 5100 Budget SB 13, 130, 268, 373, 389, 848, 938, 940 -- HB 5101 Budget Message from the House announcing passage as HB 5102 Budget amended by the House. HB 5103 Budget Committee Report Summary No. 89 listing the HB 5104 Budget following reports was distributed to members June 6. HB 5105 Budget Summary list recorded in Journal and Status Report HB 5106 Budget by order of the President. HB 5107 Budget HB 5108 Budget HB 2741 B-Eng. -- Report by Conference Committee, signed by Senators Metsger, Verger, HB 5109 Budget Whitsett and Representatives Boone, Burley, Gilman, HB 5110 Budget recommending the House concur in Senate HB 5111 Budget amendments dated May 2 and that the bill be HB 5112 Budget repassed. (No Senate action necessary) HB 5114 Budget HB 5115 Budget Committee Report Summary No. 90 listing the following reports was distributed to members today. HB 5116 Budget Summary list recorded in Journal and Status Report HB 5117 Budget by order of the President. HB 5118 Budget HB 5119 Budget SB 171 -- Report by Committee on Revenue HB 5120 Budget recommending passage with amendments to the B- HB 5121 Budget Engrossed bill. HB 5122 Budget SB 392 -- Report by Committee on Judiciary HB 5123 Budget recommending passage. HB 5125 Budget SB 446 -- Report by Committee on Commerce HB 5127 Budget without recommendation as to passage and HB 2212 Rules requesting referral to Committee on Rules. Referred HB 2390 Rules to Committee on Rules by order of the President. HB 2833 Rules HB 2933 Revenue SB 532 -- Report by Committee on Environment HB 2945 Revenue and Land Use recommending passage with amendments and requesting referral to Special HB 2976 Rules Committee on Budget. Referred to Special Committee HB 3037 Rules on Budget by order of the President. HB 3096 Revenue HB 3379 Rules SB 587 -- Report by Committee on Rules HB 3443 Rules recommending passage. HB 3482 Rules SB 699 -- Report by Committee on Environment SB 55 -- Metsger, Burdick, Starr, B., appointed and Land Use recommending passage with Senate conferees. amendments. HB 2498 -- Brown, Monnes Anderson, Winters SB 968 -- Report by Committee on Commerce appointed Senate conferees. recommending passage with amendments. SJR 12 -- President Courtney signed on June 6. SB 1032 -- Report by Committee on Environment and Land Use recommending passage Senate adjourned until 10:30 a.m. Tuesday by with amendments. unanimous consent at the request of the Chair. SB 1054 -- Report by Committee on Rules recommending passage with amendments. Tuesday, June 7, 2005 -- Morning Session HB 2026 -- Report by Committee on Rules Senate convened at 10:30 a.m. Metsger in Chair. recommending passage of the A-Engrossed bill. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, President

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HB 2203 -- Report by Committee on Judiciary nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, recommending passage. Starr, B. Bill passed. HB 2205 -- Report by Committee on Judiciary SB 245 A-Eng. -- Read third time. Carried by recommending passage of the A-Engrossed bill. Ringo. On passage of bill the vote was: Ayes, 26; nays, 3 – Atkinson, Beyer, Kruse; absent, 1 – HB 2207 -- Report by Committee on Rules Metsger. Bill passed. recommending passage with amendments. SB 426 A-Eng. -- Read third time. Carried by HB 2254 -- Report by Committee on Human Ringo. Ferrioli moved to rerefer to Committee on Services recommending passage with amendments. Commerce. Call of the Senate demanded by Brown HB 2868 -- Report by Committee on Revenue joined by Devlin and Monnes Anderson. All present. recommending passage of the A-Engrossed bill. Motion failed; the vote was: Ayes, 12; nays, 18 – Bates, Brown, Burdick, Carter, Deckert, Devlin, HB 3047 -- Report by Committee on Rules Gordly, Johnson, Metsger, Monnes Anderson, recommending passage with amendments. Morrisette, Prozanski, Ringo, Schrader, Shields, HB 3183 -- Report by Committee on Revenue Verger, Walker, President Courtney. Motion failed. recommending passage. SB 426 A-Eng. -- Brown moved to take from SB 385 B-Eng. -- Metsger moved that the today’s third reading calendar and place on June 8 Senate concur in House amendments and repass bill. calendar. The vote was: Ayes, 20; nays, 10-- On concurrence and repassage the vote was: Ayes, 25; Atkinson, Beyer, Ferrioli, George, Kruse, Morse, nays, 4 – Beyer, Ferrioli, George, Kruse; absent, 1 – Nelson, Starr, C., Whitsett, Winters. Motion carried. Carter. Bill repassed. SB 528 -- Read third time. Carried by Burdick. SB 503 -- Minority report, signed by George and Taken from today’s third reading calendar and Kruse, recommending passage with amendments, placed on June 8 calendar by voice vote on motion of withdrawn. Burdick. SB 503 -- Taken from today’s third reading SB 978 A-Eng. -- Read third time. Carried by calendar and rerefered to Committee on Health Policy Prozanski. On passage of bill the vote was: Ayes, 29; by voice vote on motion of Monnes Anderson. excused, 1 – Bates. Bill passed. SB 1076 -- Introduced, read first time and SB 1057 -- Moved to the foot of today's third referred to President’s desk. reading calendar by unanimous consent at the request of the Chair. SB 392, 408, 587, 672 -- Read second time and passed to third reading. HB 2315, 2335, 3083, 3143, 3374 -- Read first time and referred to President’s desk. SB 5588 A-Eng. -- Read third time. Carried by Johnson. On passage of bill the vote was: Ayes, 20; HB 2026, 2203, 2205, 2577, 2868, 3183, 3273 -- nays, 10 – Atkinson, Beyer, Ferrioli, George, Kruse, Read second time and passed to third reading. Nelson, Starr, B., Starr, C., Whitsett, Winters. Bill HB 2051 -- Moved to the foot of today's third passed. reading calendar by unanimous consent at the SB 5591 A-Eng. -- Read third time. Carried by request of the Chair. Gordly. On passage of bill the vote was: Ayes, 24; HB 2069 B-Eng. -- Read third time. Carried by nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B. On passage of bill the vote was: Ayes, 29; Starr, B. Bill passed. excused, 1 – Bates. Bill passed. SB 5592 A-Eng. -- Read third time. Carried by HB 2258 -- Read third time. Carried by Beyer. Gordly. On passage of bill the vote was: Ayes, 22; On passage of bill the vote was: Ayes, 29; excused, 1 nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, – Bates. Bill passed. Starr, B., Verger, Whitsett. Bill passed. HB 2724 A-Eng. -- Read third time. Carried by SB 5596 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 29; Devlin. On passage of bill the vote was: Ayes, 23; excused, 1 – Bates. Bill passed. nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B.; absent, 1 – Westlund. Bill passed. HB 2950 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 29; SB 5597 A-Eng. -- Read third time. Carried by excused, 1 – Bates. Bill passed. Devlin. On passage of bill the vote was: Ayes, 22; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 3313 A-Eng. -- Read third time. Carried by Starr, B., Verger, Whitsett. Bill passed. Ringo. On passage of bill the vote was: Ayes, 29; excused, 1 – Bates. Bill passed. SB 5598 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 24; HB 3461 -- Bill read. Carried by Beyer. On nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, passage of bill the vote was: Ayes, 29; excused, 1 – Starr, B. Bill passed. Bates. Bill passed. SB 5599 A-Eng. -- Read third time. Carried by HB 2051 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 24; Prozanski. On passage of bill the vote was: Ayes, 29; excused, 1 – Bates. Bill passed. SENATE JOURNAL SJ-157

Senate reverted to the order of Third Reading of TO THE HONORABLE PRESIDENT OF THE SENATE Senate Measures by unanimous consent at the OF THE 73rd LEGISLATIVE ASSEMBLY request of the Chair. ORS 541.360 provides that the Governor shall appoint the SB 1057 -- Read third time. Taken from today’s members of the Oregon Watershed Enhancement Board, third reading calendar and placed on June 8 calendar subject to Senate confirmation, in the manner provided by by voice vote on motion of Brown. ORS 171.562 and ORS 171.565. Senate adjourned until 10:30 a.m. Wednesday by I reappoint Bobby Brunoe of Bend to the Oregon Watershed unanimous consent at the request of the Chair. Enhancement Board for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June, 30, 2009, effective upon Senate confirmation. Wednesday, June 8, 2005 -- Morning Session This appointment is submitted for your consideration. Senate convened at 10:30 a.m. President Sincerely, Courtney in Chair. The following members were Ted Kulongoski Governor present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, June 7, 2005 Morrisette, Morse, Nelson, Prozanski, Ringo, TO THE HONORABLE PRESIDENT OF THE SENATE Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters. Colors were OF THE 73rd LEGISLATIVE ASSEMBLY posted and the Senate pledged allegiance to the flag. ORS 541.360 provides that the Governor shall appoint the Invocation by Pastor Taft Mitchell, Valley Christian members of the Oregon Watershed Enhancement Board, Church, Wilsonville. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 302 --Message from the Governor announcing he signed on June 8. I appoint Jim Nakano of Ontario to the Oregon Watershed Enhancement Board for a four-year term, as provided by The following messages from the Governor were statute, beginning July 1, 2005 and ending on June, 30, read and referred to the President's desk: 2009, effective upon Senate confirmation. June 7, 2005 This appointment is submitted for your consideration. Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 346.130 provides that the Governor shall appoint the members of the Commission for the Blind, subject to Senate June 7, 2005 confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Donald Dartt of Portland to the Commission for the Blind for a two-year term, as provided by statute, ORS 541.360 provides that the Governor shall appoint the beginning July 1, 2005 and ending on June, 30, 2007, members of the Oregon Watershed Enhancement Board, effective upon Senate confirmation. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Patricia Smith of Bend to the Oregon Watershed Sincerely, Enhancement Board for a four-year term, as provided by Ted Kulongoski Governor statute, beginning July 1, 2005 and ending on June, 30, 2009, effective upon Senate confirmation. June 7, 2005 This appointment is submitted for your consideration. Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 346.130 provides that the Governor shall appoint the members of the Commission for the Blind, subject to Senate June 7, 2005 confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY I appoint Joyce Green of Portland to the Commission for the Blind for a two-year term, as provided by statute, beginning ORS 541.360 provides that the Governor shall appoint the July 1, 2005 and ending on June, 30, 2007, effective upon members of the Oregon Watershed Enhancement Board, Senate confirmation. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Helen Westbrook of Cannon Beach to the Oregon Sincerely, Watershed Enhancement Board for a four-year term, as Ted Kulongoski Governor provided by statute, beginning July 1, 2005 and ending on June, 30, 2009, effective upon Senate confirmation. June 7, 2005 This appointment is submitted for your consideration. Sincerely,

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Ted Kulongoski SB 389 B-Eng. -- Ringo moved that the Senate Governor refuse to concur in House amendments. SB 33, 39, 94, 203, 278, 316, 324, 404, 443, 538, SB 389 B-Eng. -- Atkinson moved to substitute 547, 605; HB 2234, 2514 -- Message from the House with a motion to concur in House amendments and announcing passage. repass bill. Call of the Senate demanded by Brown SJR 31; HR 3 -- Message from the House joined by Ringo and Walker. All present. The vote announcing adoption. was: Ayes, 12; nays, 18 – Bates, Brown, Burdick, Carter, Deckert, Devlin, Gordly, Johnson, Metsger, SB 962, 997 -- Message from the House Monnes Anderson, Morrisette, Prozanski, Ringo, announcing passage as amended by the House. Schrader, Shields, Verger, Walker, President HB 2356 -- Message from the House Courtney. Motion failed. announcing concurrence in Senate amendments and SB 389 B-Eng. -- Senate refused to concur in repassage. House amendments on motion of Ringo; the vote was: HB 2741 -- Message from the House Ayes, 18; nays, 12 – Atkinson, Beyer, Ferrioli, George, announcing Conference Committee Report adopted Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, and bill repassed. Whitsett, Winters. Motion carried. SCR 4, 5; SJR 12; SB 29, 37, 58, 85, 90, 93, 98, SB 389 -- Schrader requested the following 169, 172, 185, 214, 267, 269, 430, 445, 448, 458, 468, explanation of vote be entered into the journal: 600, 620, 856, 858, 923, 925; HCR 11; HB 2063 -- “My yes vote to not concur on SB 389 was a Message from the House announcing the Speaker ‘procedural’ vote to protect the original ‘internet hunting’ signed on June 7. ban. The idea to allow counties to vote their own conscience Committee Report Summary No. 91 listing the on cougar hunting has merit. following reports was distributed to members today. “We will have another opportunity, to vote on Summary list recorded in Journal and Status Report language in this bill to give rural Oregonians a voice to by order of the President. decide on the governance of hunting in their counties when SB 479 -- Report by Committee on Revenue the bill comes back from conference committee.” recommending passage with amendments. SB 389 -- Verger requested the following SB 1052 -- Report by Committee on Rules explanation of vote be entered into the journal: recommending passage with amendments. “I am in support of good management of our wildlife, HB 2061 -- Report by Committee on Rules certainly with the safety of our communities in mind. recommending passage of the A-Engrossed bill. “But, I oppose the amended SB 389 as it was brought HB 2099 -- Report by Committee on Rules without proper process of public testimony, giving counties recommending passage. the opt out position to a law passed by the majority of Oregonians. HB 2102 -- Report by Committee on Rules recommending passage with amendments to the A- “While my District is split on their support and Engrossed bill. opposition to this bill, I must vote against counties being allowed to supersede the judgment of Oregon Voters. If it HB 2513 -- Report by Committee on Rules would be appropriate for this issue, it could be used for any recommending passage of the A-Engrossed bill. other law passed by initiative or referendum. HB 2524 -- Report by Committee on Rules “This is a poor precedent and poor public policy.” recommending passage of the A-Engrossed bill. SB 688 B-Eng. -- Ringo moved that the Senate HB 2875 -- Report by Committee on concur in House amendments and repass bill. On Environment and Land Use recommending passage. concurrence and repassage the vote was: Ayes, 28; nays, 2 – Schrader, Whitsett. Bill repassed. HB 2937 -- Report by Committee on Rules recommending passage. SB 848 B-Eng. -- Ringo moved that the Senate concur in House amendments and repass bill. On HB 2946 -- Report by Committee on Rules concurrence and repassage the vote was: Ayes, 30. recommending passage of the A-Engrossed bill. Bill repassed. HB 2999 -- Report by Committee on Rules SB 408 -- Committee report and minority report recommending passage. read. Walker moved that the Senate adopt the HB 3017 -- Report by Committee on Rules committee report. Atkinson moved that the minority recommending passage. report be substituted for the committee report. Call of the Senate demanded by Brown joined by Devlin and HB 3219 -- Report by Committee on Rules Gordly. All present. recommending passage of the A-Engrossed bill. SB 408 -- Motion to substitute minority report SB 68 A-Eng. -- Ringo moved that the Senate failed. The vote was: Ayes, 13; nays, 17 – Bates, concur in House amendments and repass bill. On Brown, Burdick, Carter, Deckert, Devlin, Gordly, concurrence and repassage the vote was: Ayes, 29; Metsger, Monnes Anderson, Morrisette, Prozanski, nays, 1 – Schrader. Bill repassed. SENATE JOURNAL SJ-159

Ringo, Schrader, Shields, Verger, Walker, President “I strongly believe the election process is better for Courtney. Motion failed. workers than the card check in order to defend their position without fear of pressure.” SB 408 A-Eng. -- Bill, as amended by committee report, read third time. Carried by Walker, Metsger. SB 392, 528, 587, 672, 1057 -- Carried over to Potential conflict of interest declared by Burdick. Call June 9 calendar by unanimous consent at the request of the Senate demanded by Metsger joined by Brown of the Chair. and Walker. All present. On passage of the bill the vote was: Ayes, 26; nays, 4 – Atkinson, Beyer, Kruse, HB 2234, 2514 -- Read first time and referred to Nelson. Bill passed. President’s desk. SB 1077 -- Introduced, read first time and HB 2061, 2099, 2207, 2254, 2513, 2524, 2875, referred to President’s desk. 2937, 2946, 2999, 3017, 3047, 3219 -- Read second time and passed to third reading. SB 699, 968, 1032, 1054 -- Read second time and passed to third reading. HB 2026, 2203, 2205, 2577, 2868, 3183, 3273 -- Carried over to June 9 calendar by unanimous SB 392 -- Moved to the foot of today's third consent at the request of the Chair. reading calendar by unanimous consent at the request of the Chair. SB 74, 187, 281, 367, 431, 924, 926; HCR 11; HB 2063 -- President Courtney signed on June 8. SB 426 A-Eng. -- Read third time. Carried by Ringo. Call of the Senate demanded by Brown joined Senate adjourned until 10:30 a.m. Thursday by by Devlin and Ringo. All present. On passage of bill unanimous consent at the request of the Chair. the vote was: Ayes, 17; nays, 13 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Schrader, Thursday, June 9, 2005 -- Morning Session Starr, B., Starr, C., Verger, Whitsett, Winters. Bill passed. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were SB 426 -- Schrader requested the following present: Atkinson, Bates, Beyer, Brown, Burdick, explanation of vote be entered into the journal: Carter, Devlin, Ferrioli, Gordly, Johnson, Kruse, “Senate Bill 426, while well intentioned, undermines Metsger, Monnes Anderson, Morrisette, Morse, the free secret ballot election process. It allows for undue Nelson, Prozanski, Ringo, Schrader, Shields, Verger, backroom coercion that could subject an employee to undue Walker, Westlund, Whitsett, Winters; excused -- influence to vote for a union shop or non-union shop. Starr, B.; attending legislative business -- Deckert, George, Starr, C. Colors were posted and the Senate “It also opens up the potential for fraud. There will be pledged allegiance to the flag. Invocation by Pastor members under pressure to get signatures that will be put Glenna Shepherd, Metropolitan Community Church, in a position to draft signatures on their own. Portland. “There have been only 12 cases where employees have SB 32, 42, 54, 67, 70, 72, 75, 76, 83, 84, 92, 96, been guilty of coercion in an election. 12 cases! I do not see 97, 101, 103, 104, 108, 136, 137, 178, 179, 197, 218, a need for a card check process that would be so susceptible 233, 234, 259, 285, 318, 330, 362, 363, 433, 563, 574, to intimidation. 575, 576, 595, 645, 690, 837, 839, 840, 859 -- Message from the Governor announcing he signed on “The secret budget election is the foundation of our June 7. political process. SB 718 -- Message from the Governor “Both sides should have an equal chance to present announcing bill became law without his signature on their case so that individuals can make a well-informed June 8. decision based on the merits of the proposal. June 8, 2005 “I want our working men and women to have all the rights, protections, and opportunities they deserve as Oregonians and Americans.” The Honorable Bill Bradbury SB 426 -- Verger requested the following Secretary of State explanation of vote be entered into the journal: 900 Court Street NE–Room 136 Salem, OR 97301 “I believe the process used in this bill does not provide a better, open and free environment than we have today. Dear Secretary Bradbury: Workers need a free and open environment to make I am returning Enrolled Senate Bill 718 unsigned, but not decisions about forming a union. Elections provide that for disapproved, for the reasons below: those who favor forming a union and have protected this The Oregon Investment Council is charged with the democratic process in the future. important task of managing the investment funds of the “I do not believe that SB 426A should be substituted State of Oregon for the benefit of all Oregonians and for for this good public policy that we have had for a very long future generations. I agree that members of the Oregon Investment Council must be held to the highest standards time. of integrity, ethics and professionalism. Conflicts of interest “I simply am not convinced the present is broken or must be publicly disclosed and penalties must exist for that we have a problem that needs to be solved. failing to make necessary disclosures.

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I am not signing SB 718 because I am concerned that the SB 5535 -- Report by Special Committee on standard established by the bill is ambiguous. SB 718 Budget recommending passage with amendments. states that a council member must disclose, in writing, any “potential or actual conflict of interest” within three SB 5577 -- Report by Special Committee on business days of becoming “aware of the possibility” of a Budget recommending passage with amendments. potential or actual conflict of interest. Violation of this requirement could result in the imposition of civil penalties. SB 5585 -- Report by Special Committee on I have no disagreement with the phrase “potential or actual Budget recommending passage with amendments. conflict of interest,” but do not understand what standard of conduct the state is attempting to regulate under the SB 5587 -- Report by Special Committee on phrase “aware of the possibility of a potential or actual Budget recommending passage with amendments. conflict of interest.” I am concerned that this standard is ambiguous and will prove unworkable for members of the SB 5589 -- Report by Special Committee on council. A council member has no objective standard for Budget recommending passage with amendments. knowing what a “possibility” that triggers this requirement is. Nor is it clear how to establish when a council member SB 5595 -- Report by Special Committee on becomes aware of a “possibility” of a “potential” conflict. The Budget recommending passage with amendments. ambiguities embodied in this standard, coupled with civil SB 44 -- Report by Special Committee on penalties, may expose our citizen volunteers to unreasonable demands and liability. As such, I am Budget recommending passage. concerned that SB 718 will have a chilling effect on the SB 45 -- Report by Special Committee on willingness of qualified persons to serve on the council. Budget recommending passage of the A-Engrossed Because I agree with the underlying goals of this bill. legislation, I have allowed SB 718 to become law without signature. But, I request that the Legislature remedy this SB 310 -- Report by Committee on General problem to provide an objective and working definition of Government recommending passage with the standards of conduct we want to impose upon our amendments. citizens who volunteer to serve as members of the council. It is important to strike the proper balance between high SB 344 -- Report by Committee on Environment ethical standards and full disclosure, on one hand, and the and Land Use without recommendation as to passage need for a fair and workable standard for the Oregon and requesting referral to Committee on Rules. Investment Council and the dedicated public servants who Referred to Committee on Rules by order of the serve on the council, on the other hand. President. Sincerely, SB 527 -- Report by Committee on Environment and Land Use recommending passage with Theodore R. Kulongoski, amendments and requesting subsequent referral to Governor Committee on Ways and Means be rescinded. Subsequent referral to Committee on Ways and Means rescinded by order of the President. SB 302 -- Message from the Governor announcing he signed on June 8. SB 785 -- Report by Committee on Environment and Land Use without recommendation as to passage. SB 78, 193, 219, 237, 238, 486, 735, 882, 953, Requesting referral to Committee on Rules. Referred 983, 1044 -- Message from the Governor announcing to Committee on Rules by order of the President and he signed on June 9. then to Committee on Ways and Means by prior SB 35, 120, 121, 272, 277, 293, 370, 371, 623, reference. 936; HB 5078, 5079, 5080, 5088, 5089, 5090, 5091, SB 786 -- Report by Committee on Environment 5124; 2210, 2269, 2316, 3284 -- Message from the and Land Use without recommendation as to passage. House announcing passage. Requesting referral to Committee on Rules. Referred SB 224, 697 -- Message from the House to Committee on Rules by order of the President and announcing passage as amended by the House. then to Committee on Ways and Means by prior reference. HB 2881 -- Message from the House announcing concurrence in Senate amendments and SB 1003 -- Report by Committee on General repassage. Government recommending passage with amendments, be printed A-engrossed, requesting SB 134 -- Message from the House announcing subsequent referral to Committee on Ways and failure to pass. Means be rescinded, and requesting referral to Special Committee on Budget. Subsequent referral to Committee Report Summary No. 92 listing the Committee on Ways and Means rescinded and following reports was distributed to members today. referred to Special Committee on Budget by order of Summary list recorded in Journal and Status Report the President. by order of the President. HJR 29 -- Report by Committee on Business SB 5533 -- Report by Special Committee on and Economic Development without recommendation Budget recommending passage with amendments. as to adoption and requesting referral to Committee SB 5534 -- Report by Special Committee on on Revenue. Referred to Committee on Revenue by Budget recommending passage with amendments. order of the President. SENATE JOURNAL SJ-161

HB 2059 -- Report by Committee on Rules as to passage and requesting referral to Committee on recommending passage of the A-Engrossed bill. Rules. Referred to Committee on Rules by order of the President. HB 2074 -- Report by Committee on Business and Economic Development without recommendation HB 2739 -- Report by Committee on Rules as to passage and requesting referral to Committee on recommending passage. Rules. Referred to Committee on Rules by order of the President. HB 2755 -- Report by Committee on Environment and Land Use recommending passage HB 2078 -- Report by Committee on Business with amendments to the A-Engrossed bill to resolve and Economic Development without recommendation conflicts. as to passage and requesting referral to Committee on Rules. Referred to Committee on Rules by order of the HB 2969 -- Report by Committee on Judiciary President. recommending passage. HB 2189 -- Report by Committee on Rules HB 3117 -- Report by Committee on recommending passage with amendments to the A- Environment and Land Use without recommendation Engrossed bill. as to passage and requesting referral to Committee on Rules. Referred to Committee on Rules by order of the HB 2222 -- Report by Committee on Judiciary President. recommending passage of the A-Engrossed bill. HB 3349 -- Report by Committee on HB 2389 -- Report by Committee on Business Environment and Land Use without recommendation and Economic Development without recommendation as to passage and requesting referral to Committee on as to passage and requesting referral to Committee on Rules. Referred to Committee on Rules by order of the Rules. Referred to Committee on Rules by order of the President. President. SB 13 B-Eng. -- Metsger moved that the Senate HB 2452 -- Report by Committee on Revenue concur in House amendments and repass bill. On recommending passage with amendments to the A- concurrence and repassage the vote was: Ayes, 26; Engrossed bill. excused, 1 – Starr, B.; attending legislative business, 3 – Deckert, George, Starr, C. Bill repassed. HB 2484 -- Report by Committee on Environment and Land Use recommending passage. SB 81 -- Metsger moved that the Senate refuse to concur in House amendments. Call of the Senate HB 2511 -- Report by Committee on Revenue demanded by Brown joined by Devlin and Metsger. recommending passage with amendments. All present except Starr, B., excused; Deckert, HB 2537 -- Report by Committee on George, Starr, C., attending legislative business. Environment and Land Use without recommendation Pending arrival of members subject to the Call, as to passage and requesting referral to Committee on Senate at ease. Further proceedings under the Call Rules. Referred to Committee on Rules by order of the terminated by unanimous consent at the request of President. the Chair. All present except Starr, B., excused; Deckert, George, Starr, C., attending legislative HB 2581 -- Report by Committee on business. Senate reassembled. The vote was: Ayes, Environment and Land Use without recommendation 19; nays, 7 – Atkinson, Beyer, Ferrioli, Kruse, Morse, as to passage and requesting referral to Committee on Westlund, Whitsett; excused, 1 – Starr, B.; attending Rules. Referred to Committee on Rules by order of the legislative business, 3 – Deckert, George, Starr, C. President. Motion carried. HB 2582 -- Report by Committee on SB 130 B-Eng. -- Metsger moved that the Environment and Land Use without recommendation Senate concur in House amendments and repass bill. as to passage and requesting referral to Committee on On concurrence and repassage the vote was: Ayes, 26; Rules. Referred to Committee on Rules by order of the excused, 1 – Starr, B.; attending legislative business, President. 3 – Deckert, George, Starr, C. Bill repassed. HB 2668 -- Report by Committee on SB 512 B-Eng. -- Morrisette moved that the Environment and Land Use without recommendation Senate concur in House amendments and repass bill. as to passage and requesting referral to Committee on On concurrence and repassage the vote was: Ayes, 27; Rules. Referred to Committee on Rules by order of the excused, 1 – Starr, B.; attending legislative business, President. 2 – Deckert, George. Bill repassed. HB 2669 -- Report by Committee on Rules SB 938 B-Eng. -- Burdick moved that the recommending passage of the A-Engrossed bill. Senate concur in House amendments and repass bill. HB 2705 -- Report by Committee on On concurrence and repassage the vote was: Ayes, 24; Environment and Land Use without recommendation nays, 5 – Beyer, George, Kruse, Metsger, Whitsett; as to passage and requesting referral to Committee on excused, 1 – Starr, B. Bill repassed. Rules. Referred to Committee on Rules by order of the SB 268 A-Eng. -- Deckert moved that the President. Senate concur in House amendments and repass bill. HB 2729 -- Report by Committee on On concurrence and repassage the vote was: Ayes, 29; Environment and Land Use without recommendation excused, 1 – Starr, B. Bill repassed.

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SB 44, 45, 479, 1052 -- Read second time and HB 2061, 2099, 2207, 2254, 2513, 2524, 2868, passed to third reading. 2875, 2937, 2946, 2999, 3017, 3047, 3183, 3219, 3273 -- Carried over to June 10 calendar by unanimous SB 392 -- Read third time. Carried by consent at the request of the Chair. Westlund. On passage of bill the vote was: Ayes, 29; excused, 1 – Starr, B. Bill passed. Senate adjourned until 8:30 a.m. Friday by unanimous consent at the request of the Chair. SB 528 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 28; nays, 1 – Nelson; excused, 1 – Starr, B. Bill passed. Friday, June 10, 2005 -- Morning Session Gordly, attending legislative business when roll called, granted unanimous consent to vote aye. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: SB 587 -- Read third time. Carried by Brown. Atkinson, Bates, Brown, Burdick, Carter, Deckert, On passage of bill the vote was: Ayes, 24; nays, 4 – Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Beyer, Ferrioli, George, Kruse; excused, 1 – Starr, B.; Metsger, Monnes Anderson, Morrisette, Morse, attending legislative business, 1 – Gordly. Bill Nelson, Prozanski, Ringo, Schrader, Shields, Starr, passed. B., Starr, C., Walker, Westlund, Whitsett, Winters; SB 672 A-Eng. -- Read third time. Carried by absent -- Beyer; excused -- Verger. Colors were Metsger. On passage of bill the vote was: Ayes, 27; posted and the Senate pledged allegiance to the flag. nays, 2 – Atkinson, Whitsett; excused, 1 – Starr, B. Invocation by Lawton Verger, Coos Bay. Bill passed. SB 43 -- Message from the Governor SB 1057 -- Bill read. Carried by Prozanski. announcing he signed on June 9. Referred to Rules by voice vote on motion of SB 405 -- Message from the Governor Prozanski. announcing he vetoed on June 9: SB 171 C-Eng. -- Bill read. Carried by Metsger. June 9, 2005 On passage of bill the vote was: Ayes, 28; nays, 1 – Kruse; excused, 1 – Starr, B. Bill passed. The Honorable Peter Courtney SB 699 A-Eng. -- Read third time. Carried by President of the Senate Ringo. On passage of bill the vote was: Ayes, 29; Oregon State Senate excused, 1 – Starr, B. Bill passed. 900 Court Street NE, S-203 Salem, OR 97301 SB 968 -- Read third time. Carried by Prozanski. Referred to Rules by voice vote on motion Dear President Courtney: of Prozanski. I am returning Enrolled Senate Bill 405 unsigned and SB 1032 -- Read third time. Taken from today’s disapproved for the reasons below. third reading calendar and placed on June 10 SB 405 would grant to semi-independent state calendar by voice vote on motion of Brown. agencies, such as the State Board of Massage Therapists, the State Board of Architect Examiners and the Oregon SB 1054 -- Taken from today’s third reading Board of Optometry, among others, the independent calendar and placed on June 10 calendar by voice vote authority to borrow money. Such authorization would on motion of Brown. include, but not be limited to, the ability to borrow money to finance the acquisition of real property. Under SB 405, such HB 5078, 5079, 5080, 5086, 5088, 5089, 5090, borrowing by semi-independent state agencies would not be 5091, 5124; 2210, 2269, 2316, 3284 -- Read first time subject to approval by the Department of Administrative and referred to President’s desk. Services or the State Treasurer. HB 2059, 2102, 2222, 2484, 2669, 2739, 2969 -- I have vetoed SB 405 because I do not believe it is Read second time and passed to third reading. consistent with my principle of accountability in government. Semi-independent state agency budgets are HB 2026 A-Eng. -- Read third time. Carried by not currently subject to legislative review. Under SB 405 Brown. On passage of bill the vote was: Ayes, 29; these agencies would now be allowed to issue debt without excused, 1 – Starr, B. Bill passed. the oversight of legislative review or management by the executive branch. The Department of Administrative HB 2203 -- Read third time. Carried by Services and the State Treasurer are the appropriate state Burdick. On passage of bill the vote was: Ayes, 24; agencies to oversee the financial status and obligations of nays, 5 – Atkinson, Beyer, George, Kruse, Whitsett; state entities and to safeguard the state’s assets and the excused, 1 – Starr, B. Bill passed. state’s financial credibility. Although provisions of SB 405 are intended to legally protect the state and the General HB 2205 A-Eng. -- Read third time. Carried by Fund from obligations incurred by semi-independent Burdick. On passage of bill the vote was: Ayes, 27; agencies, I am concerned that any default by a semi – nays, 2 – Kruse, Schrader; excused, 1 – Starr, B. Bill independent state agency would not only reflect badly on passed. the state of Oregon and create considerable pressure on the state to assist such agency, but it further disengages HB 2577 B-Eng. -- Read third time. Carried by government from the links needed to responsibly manage Ringo. On passage of bill the vote was: Ayes, 29; the programs and services the state offers and resulting excused, 1 – Starr, B. Bill passed. fiscal impacts. Government needs more accountability not less. SENATE JOURNAL SJ-163

I support the state’s semi-independent agencies and This appointment is submitted for your consideration. appreciate the hard work they perform for the people of Sincerely, Oregon. However, my obligation to ensure government is Ted Kulongoski accountable to the citizens of Oregon, particularly with Governor respect to state assets and its financial credibility requires me to veto SB 405. I expect the state’s semi-independent agencies and the Department of Administrative Services to June 9, 2005 work together, with the State Treasurer, to address the needs of the semi-independent agencies within the existing TO THE HONORABLE PRESIDENT OF THE SENATE framework for incurring debt. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 418.243 provides that the Governor shall appoint the members of the Outdoor Youth Program Advisory Board, subject to Senate confirmation, in the manner provided by Theodore R. Kulongoski, ORS 171.562 and ORS 171.565. Governor I reappoint Peter Green of Portland to the Outdoor Youth Program Advisory Board for a four-year term, as provided The following messages from the Governor were by statute, beginning July 1, 2005 and ending on June 30, read and referred to the Committee on Rules. 2009, effective upon Senate confirmation. June 9, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 701.205 provides that the Governor shall appoint the members of the Construction Contractors Board, subject to Senate confirmation, in the manner provided by ORS June 9, 2005 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Dennis Schad of North Bend to the Construction OF THE 73rd LEGISLATIVE ASSEMBLY Contractors Board for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June 30, ORS 442.830 provides that the Governor shall appoint the 2009, effective upon Senate confirmation. members of the Oregon Patient Safety Commission Board of Directors, subject to Senate confirmation, in the manner This appointment is submitted for your consideration. provided by ORS 171.562 and ORS 171.565. Sincerely, I reappoint Judith Hibbard of Portland to the Oregon Ted Kulongoski Patient Safety Commission Board of Directors for a four- Governor year term, as provided by statute, beginning July 2, 2005 and ending on July 1, 2009, effective upon Senate June 9, 2005 confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 687.470 provides that the Governor shall appoint the Governor members of the State Board of Direct Entry Midwifery, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 9, 2005 I reappoint Michele Bouche of Springfield to the State TO THE HONORABLE PRESIDENT OF THE SENATE Board of Direct Entry Midwifery for a three-year term, as OF THE 73rd LEGISLATIVE ASSEMBLY provided by statute, beginning July 1, 2005 and ending on June 30, 2008, effective upon Senate confirmation. ORS 442.830 provides that the Governor shall appoint the members of the Oregon Patient Safety Commission Board of This appointment is submitted for your consideration. Directors, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I reappoint Bruce Johnson of Salem to the Oregon Patient Governor Safety Commission Board of Directors for a four-year term, as provided by statute, beginning July 2, 2005 and ending June 9, 2005 on July 1, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 418.243 provides that the Governor shall appoint the Governor members of the Outdoor Youth Program Advisory Board, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 9, 2005 I reappoint Robert Cooley of Albany to the Outdoor Youth TO THE HONORABLE PRESIDENT OF THE SENATE Program Advisory Board for a four-year term, as provided OF THE 73rd LEGISLATIVE ASSEMBLY by statute, beginning July 1, 2005 and ending on June 30, 2009, effective upon Senate confirmation. ORS 442.830 provides that the Governor shall appoint the members of the Oregon Patient Safety Commission Board of

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Directors, subject to Senate confirmation, in the manner TO THE HONORABLE PRESIDENT OF THE SENATE provided by ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint George Miller of Salem to the Oregon Patient ORS 285A.261 provides that the Governor shall appoint the Safety Commission Board of Directors for a four-year term, members of the Oregon Tourism Commission, subject to as provided by statute, beginning July 2, 2005 and ending Senate confirmation, in the manner provided by ORS on July 1, 2009, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Jeffery Jobe of Portland to the Oregon Tourism Sincerely, Commission for an unexpired four-year term, as provided Ted Kulongoski by statute, beginning July 1, 2005 and ending on June 30, Governor 2008, effective upon Senate confirmation.

This appointment is submitted for your consideration. June 9, 2005 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 73rd LEGISLATIVE ASSEMBLY Governor

ORS 181.620 provides that the Governor shall appoint the June 9, 2005 members of the Board on Public Safety Standards and Training, subject to Senate confirmation, in the manner TO THE HONORABLE PRESIDENT OF THE SENATE provided by ORS 171.562 and ORS 171.565. OF THE 73rd LEGISLATIVE ASSEMBLY I reappoint Harold Burke-Sivers of Portland to the Board ORS 184.612 provides that the Governor shall appoint the on Public Safety Standards and Training for a three-year members of the Oregon Transportation Commission, subject term, as provided by statute, beginning July 1, 2005 and to Senate confirmation, in the manner provided by ORS ending on June 30, 2008, effective upon Senate 171.562 and ORS 171.565. confirmation. I reappoint Randall Papé of Eugene to the Oregon This appointment is submitted for your consideration. Transportation Commission for a four-year term, as Sincerely, provided by statute, beginning July 1, 2005 and ending on Ted Kulongoski June 30, 2009, effective upon Senate confirmation. Governor This appointment is submitted for your consideration. June 9, 2005 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 73rd LEGISLATIVE ASSEMBLY HB 3333, 3334 -- Message from the House ORS 181.620 provides that the Governor shall appoint the announcing passage. members of the Board on Public Safety Standards and Training, subject to Senate confirmation, in the manner SB 270 -- Message from the House announcing provided by ORS 171.562 and ORS 171.565. passage as amended by the House. I reappoint Robert King of Portland to the Board on Public HB 2051, 2724 -- Message from the House Safety Standards and Training for a three-year term, as announcing concurrence in Senate amendments and provided by statute, beginning July 1, 2005 and ending on repassage. June 30, 2008, effective upon Senate confirmation. HB 2069 -- Message from the House This appointment is submitted for your consideration. announcing House refusal to concur in Senate Sincerely, amendments. Conferees to be announced. Ted Kulongoski Committee Report Summary No. 93 listing the Governor following reports was distributed to members today. Summary list recorded in Journal and Status Report June 9, 2005 by order of the President. TO THE HONORABLE PRESIDENT OF THE SENATE SB 570 -- Report by Committee on Environment OF THE 73rd LEGISLATIVE ASSEMBLY and Land Use recommending passage with amendments. Referred to Special Committee on ORS 181.620 provides that the Governor shall appoint the Budget by order of the President. members of the Board on Public Safety Standards and Training, subject to Senate confirmation, in the manner SB 592 -- Report by Committee on Judiciary provided by ORS 171.562 and ORS 171.565. recommending passage with amendments. I reappoint Robert Tardiff of Newberg to the Board on SB 671 -- Report by Committee on Business and Public Safety Standards and Training for a three-year term, Economic Development without recommendation as as provided by statute, beginning July 1, 2005 and ending to passage and requesting referral to Committee on on June 30, 2008, effective upon Senate confirmation. Rules. Referred to Committee on Rules by order of the This appointment is submitted for your consideration. President. Sincerely, SB 734 -- Report by Committee on Environment Ted Kulongoski Governor and Land Use without recommendation as to passage. Requesting referral to Committee on Rules. Referred to Committee on Rules by order of the President and June 9, 2005 SENATE JOURNAL SJ-165 then to Committee on Ways and Means by prior SB 1052 A-Eng. -- Read third time. Carried by reference. Shields. On passage of bill the vote was: Ayes, 25; nays, 3 – Kruse, Nelson, Prozanski; absent, 1 – Beyer; SB 984 -- Report by Committee on General excused, 1 – Verger. Bill passed. Westlund absent Government recommending passage with when roll called, granted unanimous consent to vote amendments. aye. HB 2281 -- Report by Committee on Judiciary SB 1052 -- Prozanski requested the following recommending passage with amendments. explanation of vote be entered into the journal: SB 225 A-Eng. -- Monnes Anderson moved that “I voted no on SB 1052 because it is not clear whether the Senate concur in House amendments and repass these new "peace officers" will receive police and fire fighter bill. On concurrence and repassage the vote was: status in the Public Employee Retirement System (PERS). Ayes, 27; absent, 2 – Beyer, Deckert; excused, 1 – Verger. Bill repassed. Westlund, absent when roll “Even though I support the work that human special called, granted unanimous consent to vote aye. agents do and think special training through DPSST is appropriate, I do not believe that these individuals should SB 346 B-Eng. -- Ringo moved that the Senate be given police and fire fighter status in PERS.” concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 26; SB 1054 A-Eng. -- Read third time. Carried by absent, 3 – Beyer, Burdick, Deckert; excused, 1 – Courtney. On passage of bill the vote was: Ayes, 26; Verger. Bill repassed. Westlund, absent when roll nays, 2 – Ferrioli, Kruse; absent, 1 – Beyer; excused, called, granted unanimous consent to vote aye. 1 – Verger. Bill passed. SB 694 A-Eng. -- Ringo moved that the Senate HB 3333, 3334 -- Read first time and referred to concur in House amendments and repass bill. On President’s desk. concurrence and repassage the vote was: Ayes, 27; absent, 2 – Beyer, Deckert; excused, 1 – Verger. Bill HB 2189, 2452, 2511, 2755 -- Read second time repassed. Westlund absent when roll called, granted and passed to third reading. unanimous consent to vote aye. HB 2868 A-Eng. -- Read third time. Carried by SB 940 B-Eng. -- Burdick moved that the George. On passage of bill the vote was: Ayes, 28; Senate concur in House amendments and repass bill. absent, 1 – Beyer; excused, 1 – Verger. Bill passed. On concurrence and repassage the vote was: Ayes, 27; HB 3183 -- Read third time. Carried by Starr, absent, 2 – Beyer, Deckert; excused, 1 – Verger. Bill C. On passage of bill the vote was: Ayes, 28; absent, 1 repassed. Westlund absent when roll called, granted – Beyer; excused, 1 – Verger. Bill passed. unanimous consent to vote aye. HB 3273 B-Eng. -- Read third time. Carried by SB 997 B-Eng. -- Metsger moved that the Starr, B. On passage of bill the vote was: Ayes, 28; Senate concur in House amendments and repass bill. absent, 1 – Beyer; excused, 1 – Verger. Bill passed. On concurrence and repassage the vote was: Ayes, 28; absent, 1 – Beyer; excused, 1 – Verger. Bill repassed. HB 2061 A-Eng. -- Read third time. Carried by Westlund absent when roll called, granted unanimous Brown. On passage of bill the vote was: Ayes, 20; consent to vote aye. nays, 6 – Atkinson, George, Kruse, Morse, Starr, B., Starr, C.; absent, 1 – Beyer; excused, 1 – Verger; SB 1078 -- Introduced, read first time and attending legislative business, 2 – Burdick, Nelson. referred to President’s desk. Bill passed. SB 5533, 5534, 5535, 5577, 5585, 5587, 5589, HB 2099 -- Read third time. Carried by 5595; 310, 527 -- Read second time and passed to Shields. On passage of bill the vote was: Ayes, 24; third reading. nays, 2 – George, Starr, B.; absent, 1 – Beyer; SB 44 -- Read third time. Carried by Bates. excused, 1 – Verger; attending legislative business, 2 (Carter in Chair) On passage of bill the vote was: – Burdick, Nelson. Bill passed. Ayes, 27; nays, 1 – Starr, C.; absent, 1 – Beyer; HB 2207 A-Eng. -- Read third time. Carried by excused, 1 – Verger. Bill passed. Westlund absent Brown. On passage of bill the vote was: Ayes, 19; when roll called, granted unanimous consent to vote nays, 7 – Ferrioli, George, Kruse, Morse, Starr, C., aye. Whitsett, Winters; absent, 1 – Beyer; excused, 1 – SB 45 A-Eng. -- Read third time. Carried by Verger; attending legislative business, 2 – Burdick, Bates. On passage of bill the vote was: Ayes, 26; Nelson. Bill passed. Ferrioli, absent when roll called, nays, 2 – George, Whitsett; absent, 1 – Beyer; granted unanimous consent to change from aye to excused, 1 – Verger. Bill passed. Westlund absent nay. when roll called, granted unanimous consent to vote HB 2254 A-Eng. -- Read third time. Carried by aye. Monnes Anderson. On passage of bill the vote was: SB 479 -- Moved to the foot of today's calendar Ayes, 26; absent, 1 – Beyer; excused, 1 – Verger; by unanimous consent at the request of the Chair. attending legislative business, 2 – Burdick, Nelson. Bill passed. SB 1032 -- Bill read. Carried by Ringo. Taken from today’s third reading calendar and placed on HB 2513 A-Eng. -- Read third time. Carried by June 13 calendar by voice vote on motion of Ringo. Ringo. On passage of bill the vote was: Ayes, 26;

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absent, 1 – Beyer; excused, 1 – Verger; attending Verger; attending legislative business, 2 – Atkinson, legislative business, 2 – Atkinson, Burdick. Bill Burdick. Bill passed. passed. HB 3219 A-Eng. -- Read third time. Carried by HB 2524 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 24; Ringo. On passage of bill the vote was: Ayes, 26; nays, 1 – Gordly; absent, 2 – Beyer, President absent, 1 – Beyer; excused, 1 – Verger; attending Courtney; excused, 1 – Verger; attending legislative legislative business, 2 – Atkinson, Burdick. Bill business, 2 – Atkinson, Burdick. Bill passed. passed. HB 2059 A-Eng. -- Read third time. Carried by HB 2875 -- Moved to the foot of today's third Shields. On passage of bill the vote was: Ayes, 20; reading calendar by unanimous consent at the nays, 5 – George, Kruse, Metsger, Morse, Starr, B.; request of the Chair. absent, 2 – Beyer, President Courtney; excused, 2 – Verger, Winters; attending legislative business, 1 – HB 2937 -- Read third time. Carried by Burdick. Bill passed. Morse, granted unanimous Shields. Potential conflict of interest declared by consent to change from aye to nay. George. On passage of bill the vote was: Ayes, 22; nays, 4 – George, Gordly, Johnson, Prozanski; absent, HB 2102 B-Eng. -- Read third time. Carried by 1 – Beyer; excused, 1 – Verger; attending legislative Brown. On passage of bill the vote was: Ayes, 20; business, 2 – Atkinson, Burdick. Bill passed. nays, 6 – Atkinson, George, Kruse, Metsger, Morse, Starr, B.; absent, 2 – Beyer, President Courtney; HB 2937 -- Prozanski requested the following excused, 1 – Verger; attending legislative business, 1 explanation of vote be entered into the journal: – Burdick. Bill passed. “I voted no on HB 2937 because I do not believe that HB 2222 -- Moved to the foot of today's third the proposed driver's license suspension period of six reading calendar by unanimous consent at the months is proportional to other driver's license suspension request of the Chair. periods. For example, a person who fails a breath test receives a three month suspension of their driving HB 2484 -- Read third time. Carried by Ringo. privileges. I would support a suspension period of thirty to Call of the Senate demanded by Ringo joined by sixty days with the opportunity to receive a hardship Brown and Starr, C. All present except Beyer, permit.” President Courtney, absent; Verger, excused; Burdick, attending legislative business. On passage HB 2946 A-Eng. -- Read third time. Carried by of bill the vote was: Ayes, 23; nays, 3 – Gordly, Shields. On passage of bill the vote was: Ayes, 25; Nelson, Westlund; absent, 2 – Beyer, President nays, 1 – Metsger; absent, 1 – Beyer; excused, 1 – Courtney; excused, 1 – Verger; attending legislative Verger; attending legislative business, 2 – Atkinson, business, 1 – Burdick. Bill passed. Burdick. Bill passed. HB 2669 A-Eng. -- Read third time. Carried by HB 2999 -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 25; Shields. On passage of bill the vote was: Ayes, 24; absent, 2 – Beyer, President Courtney; excused, 2 – nays, 2 – Gordly, Schrader; absent, 1 – Beyer; Gordly, Verger; attending legislative business, 1 – excused, 1 – Verger; attending legislative business, 2 Burdick. Bill passed. – Atkinson, Burdick. Bill passed. HB 2739 -- Read third time. Carried by HB 2999 -- Schrader requested the following Atkinson. On passage of bill the vote was: Ayes, 26; explanation of vote be entered into the journal: absent, 2 – Beyer, President Courtney; excused, 1 – “HB 2999 raises a number of troubling issues that I Verger; attending legislative business, 1 – Burdick. feel merit opposing the bill. Firstly, I am concerned that Bill passed. there is no extra money to hire staff to fulfill the intent of HB 2969 -- Read third time. Carried by Ringo. this bill. I also feel we have far too many children in a On passage of bill the vote was: Ayes, 26; absent, 3 – home. Beyer, Morrisette, President Courtney; excused, 1 – “These homes are not equipped with the equipment or Verger. Bill passed. the staff necessary to safely oversee these children. Their HB 2875 -- Read third time. Carried by Ringo. safety and well being should be our paramount concern. On passage of bill the vote was: Ayes, 26; absent, 3 – “This bill allows for an inappropriate expansion of a Beyer, Morrisette, President Courtney; excused, 1 – home’s use in a residential zone. Verger. Bill passed. “I firmly believe this bill puts children at risk and SB 479; HB 2222 -- Carried over to June 13 opens the door for abuse.” calendar by unanimous consent at the request of the Chair. HB 3017 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 23; nays, 2 – SB 81 -- Metsger, Verger, Whitsett appointed Carter, Gordly; absent, 2 – Beyer, President Senate conferees. Courtney; excused, 1 – Verger; attending legislative SB 389 -- Ringo, Bates, Nelson appointed business, 2 – Atkinson, Burdick. Bill passed. Senate conferees. HB 3047 A-Eng. -- Read third time. Carried by SCR 7; SJM 4; SB 79, 94, 122, 131, 135, 203, 221, Shields. On passage of bill the vote was: Ayes, 25; 278, 327, 328, 353, 385, 462, 481, 487, 538, 547, 579, absent, 2 – Beyer, President Courtney; excused, 1 – 594, 643, 970, 1002; HJM 5; HB 5077; 2017, 2064, SENATE JOURNAL SJ-167

2071, 2145, 2213, 2225, 2237, 2266, 2305, 2356, 2415, HB 2604 -- Report by Business and Economic 2500, 2545, 2547, 2548, 2568, 2579, 2634, 2662, 2723, Development recommending passage with 2741, 2926, 2927, 2950, 2977, 2978, 3157, 3266, 3304, amendments to the A-Engrossed bill to resolve 3313, 3461, 3464, 3081 -- President Courtney signed conflicts. on June 10. HB 2722 -- Report by Committee on Environment and Land Use recommending passage Senate adjourned until 10:30 a.m. Monday by with amendments. unanimous consent at the request of the Chair. HB 3038 -- Report by Committee on Environment and Land Use recommending passage Monday, June 13, 2005 -- Morning Session with amendments to the A-Engrossed bill. Senate convened at 10:30 a.m. President HB 3268 -- Report by Committee on Rules Courtney in Chair. The following members were recommending passage of the A-Engrossed bill. present: Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, HB 3465 -- Report by Committee on Rules Metsger, Monnes Anderson, Morrisette, Morse, recommending passage with amendments. Nelson, Prozanski, Ringo, Schrader, Shields, Starr, SB 224 A-Eng. -- Morrisette moved that the B., Starr, C., Verger, Walker, Westlund, Whitsett, Senate concur in House amendments and repass bill. Winters; absent -- Atkinson, Bates. Colors were On concurrence and repassage the vote was: Ayes, 28; posted and the Senate pledged allegiance to the flag. absent, 2 – Atkinson, Bates. Bill repassed. Invocation by Senator Charles Starr, Hillsboro. SB 373 B-Eng. -- Verger moved that the Senate SB 78, 193, 219, 237, 238, 486, 735, 882, 953, concur in House amendments and repass bill. On 983, 1044 -- Message from the Governor announcing concurrence and repassage the vote was: Ayes, 29; he signed on June 9. absent, 1 – Bates. Bill repassed. HB 2591, 2828, 3457 -- Message from the House SB 310 -- Taken from todays calendar and announcing passage. rereferred to Committee on General Government by voice vote on motion of Brown. SB 275 -- Message from the House announcing passage as amended by the House. SB 592, 984 -- Read second time and passed to third reading. SB 55 -- Message from the House announcing Anderson, Jenson, Nolan appointed House conferees. SB 479 A-Eng. -- Read third time. Carried by Beyer. Potential conflict of interest declared by SB 389 -- Message from the House announcing George. On passage of bill the vote was: Ayes, 30. Boquist, P. Smith, Roblan appointed House conferees. Bill passed. HB 2069 -- Message from the House SB 5533 A-Eng. -- Read third time. Carried by announcing Brown, Kitts, Schaufler appointed House Gordly. On passage of bill the vote was: Ayes, 23; conferees. nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C. Bill passed. SB 74, 187, 281, 367, 431, 924, 926; HJM 5; HB SB 5534 A-Eng. -- Read third time. Carried by 5077; 2017, 2064, 2071, 2145, 2213, 2225, 2237, 2266, Verger. On passage of bill the vote was: Ayes, 22; 2305, 2356, 2415, 2500, 2545, 2547, 2548, 2568, 2579, nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, 2634, 2662, 2723, 2741, 2926, 2927, 2950, 2977, 2978, Starr, B., Starr, C., Whitsett. Bill passed. 3081, 3157, 3266, 3304, 3313, 3461, 3464 -- Message from the House announcing the Speaker signed on SB 5535 A-Eng. -- Read third time. Carried by June 10. Morse. On passage of bill the vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Committee Report Summary No. 94 listing the Starr, B., Starr, C., Whitsett; attending legislative following reports was distributed to members today. business, 1 – Nelson. Bill passed. Summary list recorded in Journal and Status Report SB 5577 A-Eng. -- Read third time. Carried by by order of the President. Gordly. On passage of bill the vote was: Ayes, 23; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, SB 1050 -- Report by Committee on Judiciary Starr, B., Starr, C. Bill passed. recommending passage with amendments. SB 5585 A-Eng. -- Read third time. Carried by SB 1059 -- Report by Committee on Judiciary Morse. On passage of bill the vote was: Ayes, 23; recommending passage with amendments. nays, 7 – Atkinson, Beyer, Carter, Ferrioli, George, HB 2113 -- Report by Committee on Rules Kruse, Starr, B. Bill passed. recommending passage of the A-Engrossed bill. SB 5587 A-Eng. -- Read third time. Carried by HB 2200 -- Report by Business and Economic Bates. On passage of bill the vote was: Ayes, 21; Development recommending passage with nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse, amendments to the A-Engrossed bill to resolve Nelson, Starr, B., Starr, C., Whitsett. Bill passed. conflicts. SB 5589 A-Eng. -- Read third time. Carried by HB 2228 -- Report by Committee on Rules Gordly. On passage of bill the vote was: Ayes, 23; recommending passage. nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C. Bill passed. HB 2458 -- Report by Committee on Environment and Land Use recommending passage SB 5595 A-Eng. -- Read third time. Carried by with amendments to the A-Engrossed bill. Morrisette. On passage of bill the vote was: Ayes, 24;

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nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 3284 Rules Starr, B. Bill passed. HB 3333 Budget SB 527 A-Eng. -- Read third time. Carried by HB 3334 Revenue Morrisette. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Burdick. Bill HB 3374 Rules passed. HB 3469 Rules SB 1032 A-Eng. -- Bill read. Carried by Ringo. On passage of bill the vote was: Ayes, 25; nays, 5 – Commission for the Blind (ORS 346.130) Atkinson, Beyer, George, Kruse, Metsger. Bill passed. Donald Dartt (r) Rules Joyce Green Rules HB 2591, 2828, 3457 -- Read first time and referred to President’s desk. Construction Contractors Board (ORS 701.205) HB 2113, 2228, 2281, 3268 -- Read second time and passed to third reading. Dennis Schad (r) Rules HB 2222 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 30. Bill State Board of Direct Entry Midwifery (ORS 687.470) passed. Michele Bouche (r) Rules HB 2189 B-Eng. -- Read third time. Carried by Ringo. Call of the Senate demanded by Brown joined Outdoor Youth Program Advisory Board (ORS by Ringo and Starr, C. All present. On passage of bill the vote was: Ayes, 21; nays, 9 – Atkinson, Beyer, 418.243) Ferrioli, George, Kruse, Morse, Starr, C., Whitsett, Robert Cooley (r) Rules Winters. Bill passed. Peter Green (r) Rules HB 2452 B-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 30. Oregon Patient Safety Commission Board of Bill passed. Directors (ORS 442.830) HB 2511 B-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 30. Judith Hibbard (r) Rules Bill passed. Bruce Johnson (r) Rules George Miller (r) Rules HB 2755 B-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 30. Bill passed. Board on Public Safety Standards and Training (ORS The following measures were referred to 181.620) committee on June 10 and recorded on Committee Harold Burke-Sivers (r) Rules Referral List No. 46 which was distributed to Robert King (r) Rules members. Referral list recorded in the Journal and Robert Tardiff (r) Rules Status Report by order of the President. SB 1076 Rules Oregon Tourism Commission (ORS 285A.261) SB 1077 Budget Jeffery Jobe Rules SB 1078 Rules HB 5078 Budget Oregon Transportation Commission (ORS 184.612) HB 5079 Budget Randall Pape’ (r) Rules HB 5080 Budget HB 5086 Budget Oregon Watershed Enhancement Board (ORS HB 5088 Budget 541.360) HB 5089 Budget Bobby Brunoe (r) Rules HB 5090 Budget Jim Nakano Rules HB 5091 Budget Patricia Smith Rules HB 5124 Budget Helen Westbrook Rules HB 2210 Rules Senate adjourned until 10:30 a.m. Tuesday by HB 2234 Rules; Revenue unanimous consent at the request of the Chair. HB 2269 Rules HB 2315 Rules Tuesday, June 14, 2005 -- Morning Session HB 2316 Rules Senate convened at 10:30 a.m. President Pro HB 2335 Rules Tempore Carter in Chair. The following members HB 2514 Rules; Revenue were present: Atkinson, Bates, Beyer, Brown, HB 2974 Rules Burdick, President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, HB 3083 Rules Monnes Anderson, Morrisette, Morse, Nelson, HB 3143 Rules; Revenue Prozanski, Ringo, Schrader, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett; excused -- SENATE JOURNAL SJ-169

Shields, Winters. Colors were posted by the 1st Oregon table. Motion carried. The vote was: Ayes, 24; nays, Battalion Young Marines and the Senate pledged 4 – Beyer, George, Starr, B., Starr, C.; excused, 2 – allegiance to the flag. Invocation by Frank Carpenter, Shields, Winters. Motion carried. Capitol Ministries, Hillsboro. SB 275 B-Eng. -- Burdick moved that the Courtesies of the Senate were extended to former Senate concur in House amendments and repass bill. State Senators Bill Fisher and Verne Duncan at the On concurrence and repassage the vote was: Ayes, 26; request of Ferrioli. nays, 2 – Atkinson, Schrader; excused, 2 – Shields, Winters. Bill repassed. SB 21, 22, 24, 25, 36, 56, 114, 167, 490; HB 2787, 3085, 3474 -- Message from the House announcing SB 697 B-Eng. -- Monnes Anderson moved that passage. the Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: SCR 8; HJM 7 -- Message from the House Ayes, 28; nays, 1 – Schrader; excused, 1 – Winters. announcing adoption. Bill repassed. SB 15, 151, 460, 477, 755, 847, 921, 1006, 1039 -- SB 592 -- Taken from today’s third reading Message from the House announcing passage as calendar and placed on June 16 calendar by voice vote amended by the House. on motion of Prozanski. SJR 34; SB 1050, 1059 -- Read second time and HB 2577 -- Message from the House passed to third reading. announcing concurrence in Senate amendments and repassage. SB 984 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 27; SB 79, 94, 131, 203, 278, 385, 462, 481, 487, 538, nays, 1 – Johnson; excused, 1 – Winters; attending 547, 594, 1002 -- Message from the House legislative business, 1 – Burdick. Bill passed. announcing the Speaker signed on June 13. HJM 7; HB 2787, 3085, 3474 -- Read first time Committee Report Summary No. 95 listing the and referred to President’s desk. following reports was distributed to members today. HB 2200, 2276, 2458, 2604, 2722, 3038, 3465 -- Summary list recorded in Journal and Status Report Read second time and passed to third reading. by order of the President. HB 2113 -- Read third time. Carried by SJR 34 -- Report by Committee on Rules Atkinson. recommending adoption. Senate at ease. Senate reassembled. SB 412 -- Report by Committee on Revenue recommending passage with amendments to the A- HB 2113 -- Rereferred to Committee on Rules Engrossed bill. by voice vote on motion of Brown. SB 1025 -- Report by Committee on Judiciary HB 2228 -- Read third time. Carried by Ringo. recommending passage with amendments. On passage of bill the vote was: Ayes, 28; nays, 1 – Beyer; excused, 1 – Winters. Bill passed. SB 1034 -- Report by Committee on Judiciary recommending passage with amendments. HB 2281 A-Eng. -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 29; SB 1071 -- Report by Committee on Rules excused, 1 – Winters. Bill passed. recommending passage. Referred to Special Committee on Budget by prior reference. HB 3268 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 28; HJM 2 -- Report by Committee on Rules nays, 1 – Whitsett; excused, 1 – Winters. Bill passed. recommending adoption with amendments to the A- Engrossed memorial. SJR 31; SB 13, 33, 35, 39, 68, 120, 121, 130, 268, 270, 272, 277, 293, 316, 324, 370, 371, 404, 443, 512, HB 2276 -- Report by Committee on Rules 605, 623, 688, 848, 936, 938 -- President Courtney recommending passage of the A-Engrossed bill. signed June 14. HB 2303 -- Report by Committee on Rules Senate adjourned until 10:30 a.m. Wednesday by recommending passage with amendments to the A- unanimous consent at the request of the Chair. Engrossed bill. HB 2416 -- Report by Committee on Judiciary Wednesday, June 15, 2005 -- Morning Session recommending passage with amendments to the A- Engrossed bill to resolve conflicts. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were HB 2569 -- Report by Committee on Judiciary present: Atkinson, Bates, Beyer, Brown, Burdick, recommending passage with amendments to the A- Carter, Deckert, Devlin, Ferrioli, George, Gordly, Engrossed bill. Johnson, Kruse, Metsger, Monnes Anderson, HB 2995 -- Report by Committee on Rules Morrisette, Morse, Nelson, Prozanski, Ringo, recommending passage with amendments to the A- Schrader, Shields, Starr, B., Verger, Walker, Engrossed bill. Westlund, Whitsett; excused -- Starr, C., Winters. Colors were posted and the Senate pledged allegiance HB 3363 -- Report by Committee on Rules to the flag. Invocation by Pastor John Stumbo, Salem recommending passage with amendments to the A- Alliance Church, Salem. Engrossed bill. SB 29, 37, 58, 85, 90, 93, 98, 169, 172, 185, 214, SB 405 -- Brown moved that the vetoed bill, 267, 269, 430, 445, 448, 458, 468, 600, 620, 856, 858, together with Governor’s message be laid on the

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923, 925 -- Message from the Governor announcing SB 1050 A-Eng. -- Read third time. Carried by he signed on June 14. (Metsger in Chair) Burdick. On passage of bill the vote was: Ayes, 24; nays, 4 – Atkinson, Beyer, George, Starr, B.; excused, SB 332, 355, 670 -- Message from the House 2 – Starr, C., Winters. Bill passed. announcing passage. SB 1059 A-Eng. -- Read third time. Carried by HCR 17 -- Message from the House announcing Walker. On passage of bill the vote was: Ayes, 28; adoption. excused, 2 – Starr, C., Winters. Bill passed. SB 573 -- Message from the House announcing HCR 17 -- Read first time and referred to passage as amended by the House. President’s desk. HB 2102, 2207, 2254, 3047, 3273 -- Message HB 2303, 2416, 2569, 2995, 3363 -- Read second from the House announcing concurrence in Senate time and passed to third reading. amendments and repassage. HB 2200 B-Eng. -- Read third time. Carried by Committee Report Summary No. 96 listing the Starr, B. On passage of bill the vote was: Ayes, 28; following reports was distributed to members today. excused, 2 – Starr, C., Winters. Bill passed. Summary list recorded in Journal and Status Report HB 2276 A-Eng. -- Read third time. Carried by by order of the President. Shields. On passage of bill the vote was: Ayes, 27; excused, 2 – Starr, C., Winters; attending legislative SJR 10 -- Report by Committee on Rules, signed business, 1 – Atkinson. Bill passed. by Brown, Chair, recommending adoption. Minority Report, signed by Atkinson, Ferrioli, recommending HB 2458 B-Eng. -- Read third time. Carried by adoption with amendments. Ringo. Call of the Senate demanded by Brown joined by Walker and Gordly. All present except Starr, C., SB 1047 -- Report by Committee on Judiciary Winters, excused. On passage of bill the vote was: recommending passage with amendments. Ayes, 24; nays, 4 – Atkinson, Beyer, Brown, Deckert; SB 1062 -- Report by Committee on Rules excused, 2 – Starr, C., Winters. Bill passed. recommending passage with amendments. HB 2604 B-Eng. -- Read third time. Carried by HJM 2 -- Rules suspension by unanimous Starr, B. On passage of bill the vote was: Ayes, 28; consent in order that memorial be made a Special excused, 2 – Starr, C., Winters. Bill passed. Order of Business immediately on motion of HB 2722 A-Eng. -- Read third time. Carried by Courtney. Ringo. On passage of bill the vote was: Ayes, 17; nays, 11 – Burdick, Carter, Deckert, Devlin, Gordly, HJM 2 -- Under rules suspension and Special Johnson, Metsger, Monnes Anderson, Nelson, Verger, Order of Business, read second time and passed to President Courtney; excused, 2 – Starr, C., Winters. final reading. Bill passed. HJM 2 B-Eng. -- Under rules suspension and HB 3038 B-Eng. -- Read third time. Carried by Special Order of Business, read final time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; Courtney. On adoption of memorial, the vote was: nays, 1 – Beyer; excused, 2 – Starr, C., Winters; Ayes, 28; excused, 2 – Starr, C., Winters. Memorial attending legislative business, 1 – Burdick. Bill adopted. passed. HB 3465 A-Eng. -- Read third time. Carried by Senate at ease. Senate reassembled. Ferrioli. On passage of bill the vote was: Ayes, 27; SB 109 A-Eng. -- Brown moved that the Senate excused, 2 – Starr, C., Winters; attending legislative concur in House amendments and repass bill. On business, 1 – Burdick. Bill passed. (President concurrence and repassage the vote was: Ayes, 27; Courtney in Chair) nays, 1 – Schrader; excused, 2 – Starr, C., Winters. Senate adjourned until 10:30 a.m. Thursday by Bill repassed. unanimous consent at the request of the Chair. SB 110 -- Senate refused to concur in House amendments by voice vote on motion of Brown. Thursday, June 16, 2005 -- Morning Session Conferees to be appointed. SB 755 B-Eng. -- Walker moved that the Senate Senate convened at 10:30 a.m. President concur in House amendments and repass bill. On Courtney in Chair. The following members were concurrence and repassage the vote was: Ayes, 28; present: Atkinson, Bates, Beyer, Brown, Burdick, excused, 2 – Starr, C., Winters. Bill repassed. Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, SB 1039 -- Senate refused to concur in House Morrisette, Morse, Nelson, Prozanski, Ringo, amendments by voice vote on motion of Walker. Schrader, Shields, Starr, B., Verger, Walker, Conferees to be appointed. Westlund, Whitsett; excused -- Starr, C., Winters. Colors were posted and the Senate pledged allegiance SJR 34 -- Taken from today’s third reading to the flag. Invocation by Jim Asleson, Director of the calendar and placed on June 24 calendar by voice vote YMCA, Albany. on motion of Ferrioli. President Courtney announced that he is SB 1079, 1080 -- Introduced, read first time and referred to President’s desk. invoking the provisions of the one-hour notice rule in accordance with Senate Rule 8.16. SB 1025, 1034 -- Read second time and passed to third reading. “The committee chair may call a meeting of the committee with less than 24 hours’ notice if, at least one hour prior to the meeting, notice is given to the Secretary of SENATE JOURNAL SJ-171

the Senate’s office, posted outside the Senate Chamber, in HB 3441 -- Report by Committee on Rules the press room, and in any other place reasonably designed recommending passage of the A-Engrossed bill. to give notice to the public and interested persons.” Report by Committee on Rules recommending “Written notice must also be delivered to all that the Governor’s reappointments of Frank Armstrong (appearance waived) and Irvin committee members’ offices who have not been excused Handelman (appearance waived) to the Commission from attendance pursuant to Senate Rule 3.10. Whenever for the Blind be confirmed en bloc. possible, such meetings shall be announced on the floor while the Senate is in session.” Report by Committee on Rules recommending that the Governor’s reappointment of Delna Jones SB 879 -- Message from the Governor (appearance waived) to the Oregon Government announcing he signed on June 16. Standards and Practices Commission be confirmed. SB 115, 599, 947; HB 5084, 5113, 5129; 2070, Report by Committee on Rules recommending 2233, 2566, 2593, 3029 -- Message from the House that the Governor’s appointment and reappointment announcing passage. of Norwood Knight-Richardson to the Psychiatric Security Review Board be confirmed. SB 20, 118, 231, 284, 323, 383, 386, 585, 638, 880 -- Message from the House announcing passage as Report by Committee on Rules recommending amended by the House. that the Governor’s appointment of Steven Piper to the Board on Public Safety Standards and Training HJM 2; HB 2452, 2511, 2755 -- Message from be confirmed. the House announcing concurrence in Senate Report by Committee on Rules recommending amendments and repassage. that the Governor’s appointment of Elizabeth HJM 2 -- Message from the House announcing Harchenko as the Director Department of Revenue be the Speaker signed on June 15. confirmed. Committee Report Summary No. 97 listing the Report by Committee on Rules recommending that the Governor’s reappointments of Vicki Wegener following reports was distributed to members today. (appearance waived) and V. Anna Willman Summary list recorded in Journal and Status Report (appearance waived) to the Commission for Women be by order of the President. confirmed en bloc. HB 2498 -- Report by Conference Committee, Senate at ease. Senate reassembled. signed by Senators Brown, Monnes Anderson, Winters and Representatives Dalto, Berger, SB 15 A-Eng. -- Metsger moved that the Senate concur in House amendments and repass bill. On Greenlick, recommending that the House concur in concurrence and repassage the vote was: Ayes, 28; Senate amendments dated April 27 and that the B- excused, 2 – Starr, C., Winters. Bill repassed. Engrossed bill be further amended and repassed. SB 151 B-Eng. -- Metsger moved that the SB 5536 -- Report by Special Committee on Senate concur in House amendments and repass bill. Budget recommending passage with amendments. On concurrence and repassage the vote was: Ayes, 26; SB 5541 -- Report by Special Committee on nays, 2 – Beyer, Kruse; excused, 2 – Starr, C., Budget recommending passage with amendments. Winters. Bill repassed. SB 477 B-Eng. -- Shields moved that the Senate SB 5542 -- Report by Special Committee on concur in House amendments and repass bill. On Budget recommending passage with amendments. concurrence and repassage the vote was: Ayes, 28; SB 5543 -- Report by Special Committee on excused, 2 – Starr, C., Winters. Bill repassed. Budget recommending passage with amendments. SB 921 B-Eng. -- Burdick moved that the SB 5590 -- Report by Special Committee on Senate concur in House amendments and repass bill. Budget recommending passage with amendments. On concurrence and repassage the vote was: Ayes, 28; excused, 2 – Starr, C., Winters. Bill repassed. SB 424 -- Report by Committee on Judiciary recommending passage with amendments. SB 1006 A-Eng. -- Shields moved that the Senate concur in House amendments and repass bill. HB 2141 -- Report by Committee on Judiciary On concurrence and repassage the vote was: Ayes, 25; recommending passage with amendments. nays, 1 – Whitsett; absent, 2 – Bates, Burdick; HB 2518 -- Report by Committee on Judiciary excused, 2 – Starr, C., Winters. Bill repassed. recommending passage of the A-Engrossed bill. SB 1081 -- Introduced, read first time and HB 2659 -- Report by Committee on Revenue referred to President’s desk. recommending passage of the A-Engrossed bill. SJR 10; SB 1047, 1062 -- Read second time and HB 3206 -- Report by Committee on Rules passed to third reading. recommending passage. SB 412 B-Eng. -- Bill read. Carried by HB 3310 -- Report by Committee on Prozanski. On passage of bill the vote was: Ayes, 22; Environment and Land Use, signed by Ringo, Chair, nays, 6 – Johnson, Kruse, Morse, Nelson, Schrader, recommending passage with amendments to the A- Verger; excused, 2 – Starr, C., Winters. Bill passed. Engrossed bill. Minority Report, signed by Atkinson, SB 592 A-Eng. -- Read third time. Carried by Beyer, recommending passage with different Prozanski. On passage of bill the vote was: Ayes, 21; amendments to the A-Engrossed bill . nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Nelson, Whitsett; excused, 2 – Starr, C., Winters. Bill passed.

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SB 1025 A-Eng. -- Read third time. Carried by I reappoint Pamela Hulse Andrews of Bend to the Oregon Burdick. On passage of bill the vote was: Ayes, 25; Economic and Community Development Commission for a nays, 2 – Atkinson, George; excused, 3 – Carter, four-year term beginning July 1, 2005, and ending June 30, Starr, C., Winters. Bill passed. 2009, effective upon Senate confirmation. SB 1034 A-Eng. -- Read third time. Carried by This appointment is submitted for your consideration. Brown. On passage of bill the vote was: Ayes, 20; nays, 5 – Beyer, Ferrioli, Kruse, Nelson, Whitsett; Sincerely, excused, 3 – Carter, Starr, C., Winters; attending Ted Kulongoski legislative business, 2 – Bates, Starr, B. Bill passed. Governor

HB 5084, 5113, 5129; 2070, 2233, 2566, 2593, 3029 -- Read first time and referred to President’s June 16, 2005 desk. TO THE HONORABLE PRESIDENT OF THE SENATE HB 2518, 2659, 3206, 3441 -- Read second time OF THE 73rd LEGISLATIVE ASSEMBLY and passed to third reading. ORS 285A.040 provides that the Governor shall appoint the HB 2303 B-Eng. -- Read third time. Carried by members of the Oregon Economic and Community Ferrioli. On passage of bill the vote was: Ayes, 27; Development Commission, subject to Senate confirmation, excused, 3 – Carter, Starr, C., Winters. Bill passed. in the manner provided by ORS 171.562 and ORS 171.565. HB 2416 B-Eng. -- Read third time. Carried by I reappoint Carl Talton of Portland to the Oregon Economic Ringo. On passage of bill the vote was: Ayes, 27; and Community Development Commission for a four-year excused, 3 – Carter, Starr, C., Winters. Bill passed. term beginning July 1, 2005, and ending June 30, 2009, HB 2569 B-Eng. -- Read third time. Carried by effective upon Senate confirmation. Burdick. On passage of bill the vote was: Ayes, 27; This appointment is submitted for your consideration. excused, 3 – Carter, Starr, C., Winters. Bill passed. HB 2995 B-Eng. -- Read third time. Carried by Sincerely, Ringo. On passage of bill the vote was: Ayes, 25; Ted Kulongoski nays, 2 – Nelson, Verger; excused, 3 – Carter, Starr, Governor C., Winters. Bill passed. June 16, 2005 HB 3363 B-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 20; TO THE HONORABLE PRESIDENT OF THE SENATE nays, 6 – Beyer, Ferrioli, George, Kruse, Morse, OF THE 73rd LEGISLATIVE ASSEMBLY Nelson; excused, 3 – Carter, Starr, C., Winters; attending legislative business, 1 – Ringo. Bill passed. ORS 285A.040 provides that the Governor shall appoint the members of the Oregon Economic and Community SB 225, 346, 694, 940, 997; HJM 2 -- President Development Commission, subject to Senate confirmation, Courtney signed on June 16. in the manner provided by ORS 171.562 and ORS 171.565. Senate adjourned until 8:30 a.m. Friday by I reappoint Walter Van Valkenburg of Portland to the unanimous consent at the request of the Chair. Oregon Economic and Community Development Commission for a four-year term beginning July 1, 2005, Friday, June 17, 2005 -- Morning Session and ending June 30, 2009, effective upon Senate confirmation. Senate convened at 8:30 a.m. President Courtney This appointment is submitted for your consideration. in Chair. The following members were present: Bates, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Sincerely, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Ted Kulongoski Monnes Anderson, Morrisette, Morse, Nelson, Governor Prozanski, Ringo, Schrader, Shields, Starr, B., Verger, Walker, Westlund, Whitsett; absent -- Atkinson; excused -- Starr, C., Winters. Colors were June 16, 2005 posted and the Senate pledged allegiance to the flag. Invocation by Dr. Toulan from Portland State TO THE HONORABLE PRESIDENT OF THE SENATE University, Portland. (Carter in Chair) (President OF THE 73rd LEGISLATIVE ASSEMBLY Courtney in Chair) ORS 351.020 provides that the Governor shall appoint the SB 74, 187, 281, 367, 431, 924, 926 -- Message members of the State Board of Higher Education, subject to Senate confirmation, in the manner provided by ORS from the Governor announcing he signed on June 16. 171.562 and ORS 171.565. (Carter in Chair) I reappoint Bridget Burns of Corvallis to the State Board of The following messages from the Governor were Higher Education for a two-year term beginning July 1, read and referred to the President’s desk. 2005, and ending June 30, 2007, effective upon Senate June 16, 2005 confirmation. This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 285A.040 provides that the Governor shall appoint the Ted Kulongoski Governor members of the Oregon Economic and Community Development Commission, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 16, 2005 SENATE JOURNAL SJ-173

TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY ORS 351.020 provides that the Governor shall appoint the Sincerely, members of the State Board of Higher Education, subject to Ted Kulongoski Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 16, 2005 I reappoint Adriana Mendoza of La Grande to the State Board of Higher Education for a two-year term beginning TO THE HONORABLE PRESIDENT OF THE SENATE July 1, 2005, and ending June 30, 2007, effective upon OF THE 73rd LEGISLATIVE ASSEMBLY Senate confirmation. ORS 689.115 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the State Board of Pharmacy, subject to Senate confirmation, in the manner provided by ORS 171.562 and Sincerely, ORS 171.565. Ted Kulongoski Governor I reappoint Cathryn Lew of Eugene to the State Board of Pharmacy for a four-year term beginning July 1, 2005, and June 16, 2005 ending June 30, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration.

OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 351.020 provides that the Governor shall appoint the Ted Kulongoski Governor members of the State Board of Higher Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 16, 2005 I reappoint Howard Sohn of Roseburg to the State Board of TO THE HONORABLE PRESIDENT OF THE SENATE Higher Education for a four-year term beginning July 1, OF THE 73rd LEGISLATIVE ASSEMBLY 2005, and ending June 30, 2009, effective upon Senate confirmation. ORS 181.620 provides that the Governor shall appoint the members of the Board on Public Safety Standards and This appointment is submitted for your consideration. Training, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I appoint Larry Goff of Wilsonville to the Board on Public Governor Safety Standards and Training for a three-year term beginning July 1, 2005, and ending June 30, 2008, effective June 16, 2005 upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration.

OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 351.020 provides that the Governor shall appoint the Ted Kulongoski Governor members of the State Board of Higher Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 16, 2005 I reappoint Tony Van Vliet of Corvallis to the State Board of TO THE HONORABLE PRESIDENT OF THE SENATE Higher Education for a four-year term beginning July 1, OF THE 73rd LEGISLATIVE ASSEMBLY 2005, and ending June 30, 2009, effective upon Senate confirmation. ORS 181.620 provides that the Governor shall appoint the members of the Board on Public Safety Standards and This appointment is submitted for your consideration. Training, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I reappoint Erik Kvarsten of Portland to the Board on Governor Public Safety Standards and Training for a three-year term beginning July 1, 2005, and ending June 30, 2008, effective June 16, 2005 upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration.

OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 687.470 provides that the Governor shall appoint the Ted Kulongoski Governor members of the State Board of Direct Entry Midwifery, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 16, 2005 I reappoint Betty Griffith of Salem to the State Board of TO THE HONORABLE PRESIDENT OF THE SENATE Direct Entry Midwifery for a three-year term beginning OF THE 73rd LEGISLATIVE ASSEMBLY July 1, 2005, and ending June 30, 2008, effective upon Senate confirmation. ORS 181.620 provides that the Governor shall appoint the members of the Board on Public Safety Standards and

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Training, subject to Senate confirmation, in the manner June 16, 2005 provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Eric Meyer of White City to the Board on Public OF THE 73rd LEGISLATIVE ASSEMBLY Safety Standards and Training for a three-year term beginning July 1, 2005, and ending June 30, 2008, effective ORS 285A.261 provides that the Governor shall appoint the upon Senate confirmation. members of the Oregon Tourism Commission, subject to Senate confirmation, in the manner provided by ORS This appointment is submitted for your consideration. 171.562 and ORS 171.565.

Sincerely, I reappoint Joe D’Alessandro of Portland to the Oregon Ted Kulongoski Tourism Commission for a four-year term beginning July 1, Governor 2005, and ending June 30, 2009, effective upon Senate confirmation. June 16, 2005 This appointment is submitted for your consideration.

TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 181.620 provides that the Governor shall appoint the members of the Board on Public Safety Standards and Training, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 5087, 5130, 5132, 5133, 5134, 5135, 5141; 3073, 3104 -- Message from the House announcing I appoint Wanda Sorenson of Redmond to the Board on passage. Public Safety Standards and Training for a three-year term beginning July 1, 2005, and ending June 30, 2008, effective SB 23, 618, 855 -- Message from the House upon Senate confirmation. announcing passage as amended by the House. This appointment is submitted for your consideration. HB 2189, 2281 -- Message from the House announcing concurrence in Senate amendments and Sincerely, repassage. Ted Kulongoski Governor Committee Report Summary No. 98 listing the following reports was distributed to members today. June 16, 2005 Summary list recorded in Journal and Status Report by order of the President. TO THE HONORABLE PRESIDENT OF THE SENATE SB 427 -- Report by Committee on Revenue, OF THE 73rd LEGISLATIVE ASSEMBLY signed by Deckert, Chair, recommending passage ORS 181.620 provides that the Governor shall appoint the with amendments. Minority Report, signed by Starr, members of the Board on Public Safety Standards and C., George, recommending passage with different Training, subject to Senate confirmation, in the manner amendments. provided by ORS 171.562 and ORS 171.565. SB 572 -- Report by Committee on Business and I reappoint Eric Swanson of Tillamook to the Board on Economic Development recommending passage with Public Safety Standards and Training for a three-year term amendments. beginning July 1, 2005, and ending June 30, 2008, effective SB 785 -- Report by Committee on Rules upon Senate confirmation. recommending passage and requesting subsequent This appointment is submitted for your consideration. referral to Committee on Ways and Means be rescinded. Subsequent referral to Committee on Ways Sincerely, and Means rescinded by order of the President. Ted Kulongoski SB 786 -- Report by Committee on Rules Governor recommending passage with amendments and requesting subsequent referral to Committee on Ways June 16, 2005 and Means be rescinded. Subsequent referral to Committee on Ways and Means rescinded by order of TO THE HONORABLE PRESIDENT OF THE SENATE the President. OF THE 73rd LEGISLATIVE ASSEMBLY HB 2142 -- Report by Committee on Judiciary ORS 285A.261 provides that the Governor shall appoint the recommending passage of the A-Engrossed bill. members of the Oregon Tourism Commission, subject to HB 2268 -- Report by Committee on Judiciary Senate confirmation, in the manner provided by ORS recommending passage of the A-Engrossed bill. 171.562 and ORS 171.565. HB 2297 -- Report by Committee on Judiciary I reappoint Katy Coba of Salem to the Oregon Tourism recommending passage. Commission for a four-year term beginning July 1, 2005, and ending June 30, 2009, effective upon Senate HB 2361 -- Report by Committee on Judiciary confirmation. recommending passage of the A-Engrossed bill. This appointment is submitted for your consideration. HB 2951 -- Report by Committee on Revenue recommending passage with amendments to the A- Sincerely, Engrossed bill. Ted Kulongoski Governor SJR 10 -- Consideration of Committee and Minority Reports taken from today’s calendar and SENATE JOURNAL SJ-175

placed on June 20 calendar by voice vote on motion of HB 2518 A-Eng. -- Read third time. Carried by Brown. Prozanski. On passage of bill the vote was: Ayes, 26; absent, 1 – Atkinson; excused, 2 – Starr, C., Winters; Rules suspended by unanimous consent in order attending legislative business, 1 – Walker. Bill that the Senate may take en bloc action on the passed. confirmation of the following appointments on motion of Shields. HB 2659 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 26; absent, 1 – Atkinson; excused, 2 – Starr, C., Winters; Commission for the Blind attending legislative business, 1 – Walker. Bill Frank Armstrong (r) passed. Irvin Handelman (r) HB 3206 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 24; nays, 2 – Kruse, Schrader; absent, 1 – Atkinson; excused, 2 – Oregon Government Standards and Practices Starr, C., Winters; attending legislative business, 1 – Commission Walker. Bill passed. Delna Jones (r) HB 3441 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; absent, 1 – Atkinson; excused, 2 – Starr, C., Winters; Board on Public Safety Standards and Training attending legislative business, 1 – Walker. Bill Steven Piper passed. Senate reverted to the order of Propositions and Director Department of Revenue Motions by unanimous consent at the request of the Chair. Elizabeth Harchenko SB 383 A-Eng. -- Deckert moved that the Senate concur in House amendments and repass bill. Commission for Women On concurrence and repassage the vote was: Ayes, 23; nays, 3 – Beyer, Kruse, Whitsett; absent, 1 – Vicki Wegener (r) Atkinson; excused, 2 – Starr, C., Winters; attending V. Anna Willman (r) legislative business, 1 – Walker. Bill repassed. Senate at ease. Senate reassembled. SB 110 -- Brown, Deckert, Ferrioli appointed Under rules suspension, Shields moved that the Senate conferees. Senate confirm en bloc the Governor’s appointments SB 1039 -- Walker, Kruse, Ringo appointed as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 26; absent, 1 – Senate conferees. Atkinson; excused, 2 – Starr, C., Winters; attending HB 2069 -- Gordly, Metsger, Morse appointed legislative business, 1 – Walker. Confirmed en bloc. Senate conferees. Gordly moved that the Senate confirm the Governor’s appointment and reappointment of SCR 8; SB 21, 22, 24, 25, 36, 56, 109, 114, 115, Norwood Knight-Richardson to the Psychiatric 167, 224, 275, 332, 355, 373, 490, 599, 670, 697, 755, Security Review Board. On confirmation the vote 947 -- President Courtney signed June 17. was: Ayes, 26; absent, 1--Atkinson; excused, 2--Starr, Senate adjourned until 9:00 a.m. Monday by C., Winters; attending legislative business, 1--Walker. unanimous consent at the request of the Chair. Confirmed. SB 1082 -- Introduced, read first time and Monday, June 20, 2005 -- Morning Session referred to President’s desk. SB 5536, 5541, 5542, 5543, 5590; 424, 785 -- Senate convened at 9:00 a.m. President Pro Read second time and passed to third reading. Tempore Carter in Chair. The following members were present: Brown, Deckert, Devlin, Gordly, SB 1047 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 26; Johnson, Metsger, Monnes Anderson, Morrisette, nays, 1 – Beyer; absent, 1 – Atkinson; excused, 2 – Morse, Nelson, Prozanski, Starr, B., Verger, Walker, Starr, C., Winters. Bill passed. Whitsett, Winters, President Courtney; absent -- Atkinson, Bates, Beyer, Burdick, Ferrioli, George, SB 1062 A-Eng. -- Read third time. Carried by Kruse, Ringo, Schrader, Shields, Westlund; excused Brown. Call of the Senate demanded by Brown joined by Walker and Burdick. All present except Atkinson, -- Starr, C. absent; Starr, C., Winters, excused. On passage of Call of the Senate demanded by Brown joined by bill the vote was: Ayes, 21; nays, 6 – Beyer, Ferrioli, Prozanski and Devlin. All present except Atkinson, George, Kruse, Nelson, Whitsett; absent, 1 – Bates, Beyer, Burdick, Ferrioli, George, Kruse, Ringo, Atkinson; excused, 2 – Starr, C., Winters. Bill passed. Schrader, Shields, Westlund, absent; Starr, C., HB 5087, 5130, 5132, 5133, 5134, 5135, 5141; excused. Pending arrival of members subject to the 3073, 3104 -- Read first time and referred to Call, Senate at ease. Further proceedings under the President’s desk. Call terminated by unanimous consent at the request HB 2141, 2142, 2268, 2297, 2361, 3310 -- Read of the Chair. All present except Bates, Burdick, second time and passed to third reading. Ringo, Schrader, Shields, Westlund, absent; Starr, C., excused. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Imam Mikal

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Hammad Shabazz, former Resident Imam of the HB 5101 -- Report by Special Committee on Muslim Community Center, Portland. Budget recommending passage of the A-Engrossed bill. SB 5551, 5556, 5557, 5558, 5559, 5561, 5563, 5591, 5592, 5596, 5597, 5598, 5599; 52, 61, 63, 229, HB 5105 -- Report by Special Committee on 258, 1064; HB 5136, 5138, 5140; 2089, 2123, 2186, Budget recommending passage of the A-Engrossed 3075, 3494 -- Message from the House announcing bill. passage. HB 5106 -- Report by Special Committee on SB 106, 230, 240, 368, 887, 913, 1012 -- Budget recommending passage of the A-Engrossed Message from the House announcing passage as bill. amended by the House. HB 5107 -- Report by Special Committee on HB 2416, 2569, 2604, 2722, 2995, 3038, 3465 -- Budget recommending passage of the A-Engrossed Message from the House announcing concurrence in bill. Senate amendments and repassage. HB 5110 -- Report by Special Committee on HB 2498 -- Message from the House Budget recommending passage of the A-Engrossed announcing Conference Committee Report adopted bill. and bill repassed. HB 5117 -- Report by Special Committee on SB 1039 -- Message from the House announcing Budget recommending passage of the A-Engrossed Flores, Dallum, Rolblan appointed House conferees. bill. HB 2458 -- Message from the House HB 5123 -- Report by Special Committee on announcing House refusal to concur in Senate Budget recommending passage of the A-Engrossed amendments. bill. HB 2458 -- Message from the House HB 2156 -- Report by Committee on Judiciary announcing Garrard, Ackerman, Jenson appointed recommending passage. House conferees. HB 2227 -- Report by Committee on Judiciary HB 2026, 2051, 2059, 2061, 2099, 2102, 2203, recommending passage. 2205, 2207, 2222, 2228, 2513, 2524, 2577, 2669, 2724, 2739, 2868, 2875, 2881, 2937, 2946, 2969, 3017, 3047, HB 2323 -- Report by Committee on Judiciary 3268, 3273 -- Message from the House announcing recommending passage. the Speaker signed on June 17. HB 2667 -- Report by Committee on Judiciary Committee Report Summary No. 99 listing the recommending passage. following reports was distributed to members June HB 2730 -- Report by Committee on Judiciary 17. Summary list recorded in Journal and Status recommending passage of the A-Engrossed bill. Report by order of the President. HB 2742 -- Report by Committee on Judiciary SB 5625 -- Report by Special Committee on recommending passage of the A-Engrossed bill. Budget recommending passage with amendments. Senate at ease. Senate reassembled. Committee Report Summary No. 100 listing the following reports was distributed to members today. SB 231 B-Eng. -- Burdick moved that the Summary list recorded in Journal and Status Report Senate concur in House amendments and repass bill. by order of the President. On concurrence and repassage the vote was: Ayes, 28; absent, 1 – Ringo; excused, 1 – Starr, C. Bill repassed. SB 591 -- Report by Committee on Judiciary recommending passage. SB 284 A-Eng. -- Burdick moved that the Senate concur in House amendments and repass bill. HB 5086 -- Report by Special Committee on On concurrence and repassage the vote was: Ayes, 24; Budget recommending passage of the A-Engrossed nays, 4 – Atkinson, Beyer, Kruse, Schrader; absent, 1 bill. – Ringo; excused, 1 – Starr, C. Bill repassed. HB 5095 -- Report by Special Committee on SB 460 B-Eng. -- Monnes Anderson moved that Budget recommending passage of the A-Engrossed the Senate concur in House amendments and repass bill. bill. On concurrence and repassage the vote was: HB 5098 -- Report by Special Committee on Ayes, 28; absent, 1 – Ringo; excused, 1 – Starr, C. Bill Budget recommending passage of the A-Engrossed repassed. bill. SB 585 B-Eng. -- Metsger moved that the HB 5099 -- Report by Special Committee on Senate concur in House amendments and repass bill. Budget recommending passage of the A-Engrossed On concurrence and repassage the vote was: Ayes, 21; bill. nays, 7 – Beyer, Ferrioli, George, Johnson, Kruse, Schrader, Verger; absent, 1 – Ringo; excused, 1 – HB 5100 -- Report by Special Committee on Starr, C. Bill repassed. Budget recommending passage of the A-Engrossed bill. SB 847 A-Eng. -- Deckert moved that the Senate concur in House amendments and repass bill. SENATE JOURNAL SJ-177

On concurrence and repassage the vote was: Ayes, 28; “Some members questioned the need to place a budget absent, 1 – Ringo; excused, 1 – Starr, C. Bill repassed. note in the bill to prohibit the DEQ from implementing the Emission Standard. Even though I question the SJR 10 -- Committee report and minority report impact of such a standard in Oregon, I understand such a read. Deckert moved that the Senate adopt the budget note would be unconstitutional. I am not willing to committee report. Atkinson moved that the minority vote for an unconstitutional provision. Further if DEQ did report be substituted for the committee report. Call of want to adopt any emission standard it would have to do so the Senate demanded by Atkinson joined by Ferrioli through rulemaking and would have to hold public hearings and Starr, C. All present except Ringo, absent. to consider such a rule change.” SJR 10 -- Motion to substitute minority report SB 5541 A-Eng. -- Read third time. Carried by failed. The vote was: Ayes, 12; nays, 17 – Bates, Johnson. On passage of bill the vote was: Ayes, 22; Brown, Burdick, Carter, Deckert, Devlin, Gordly, nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Johnson, Metsger, Monnes Anderson, Morrisette, Starr, B., Starr, C.; absent, 1 – Ringo. Bill passed. Prozanski, Schrader, Shields, Verger, Walker, President Courtney; absent, 1 – Ringo. Motion failed. SB 5542 A-Eng. -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 19; SJR 10 A-Eng. -- Bill, as amended by committee nays, 10 – Atkinson, Beyer, Ferrioli, George, Kruse, report, read final time. Call of the Senate demanded Nelson, Starr, B., Starr, C., Verger, Whitsett; absent, by Deckert joined by Brown and Devlin. All present 1 – Ringo. Bill passed. except Ringo, absent. On passage of bill the vote was: Ayes, 16; nays, 13 – Atkinson, Beyer, Ferrioli, George, SB 5543 A-Eng. -- Read third time. Carried by Johnson, Kruse, Morse, Nelson, Starr, B., Starr, C., Devlin. On passage of bill the vote was: Ayes, 20; Westlund, Whitsett, Winters; absent, 1 – Ringo. nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse, Resolution adopted. Nelson, Starr, B., Starr, C., Whitsett; absent, 1 – Ringo. Bill passed. SJR 10 -- Prozanski requested the following explanation of vote be entered into the journal: SB 5590 A-Eng. -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 18; “I voted against the motion to substitute the minority nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, report for SJR 10 because it would replace the majority Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters; report which I support. Further, there are other bills that absent, 1 – Ringo. Bill passed. could accomplish the goal of the minority report. I also question the need to amend the state constitution.” SB 424 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 29; SJR 10 -- Verger requested the following absent, 1 – Ringo. Bill passed. explanation of vote be entered into the journal: SB 785 -- Read third time. Carried by “I voted for SJR 10 only because it gives the people of Atkinson. On passage of bill the vote was: Ayes, 29; Oregon a chance to decide if they want to change the absent, 1 – Ringo. Bill passed. deadline for voter registration from 21 days before the election to the day of the election. HB 5136, 5138, 5140; 2089, 2123, 2186, 3075, 3494 -- Read first time and referred to President’s “While this issue can certainly be debatable, I would desk. be willing to allow Oregon voters to have their say on this issue.” HB 5086, 5095, 5098, 5099, 5100, 5101, 5105, 5106, 5107, 5110, 5117, 5123; 2156, 2227, 2323, 2667, HB 3310 -- Consideration of Committee and 2730, 2742, 2951 -- Read second time and passed to Minority Reports taken from today’s calendar and third reading. placed on June 21 calendar by voice vote on motion of Brown. HB 2141 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 28; SB 5625; 427, 572, 591, 786 -- Read second time nays, 1 – Brown; absent, 1 – Ringo. Bill passed. and passed to third reading. HB 2142 A-Eng. -- Read third time. Carried by SB 5536 A-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 27; Bates. Potential conflict of interest declared by nays, 2 – Carter, Gordly; absent, 1 – Ringo. Bill Verger, Winters. Call of the Senate demanded by passed. Brown joined by Walker and Burdick. All present except Ringo, absent. On passage of bill the vote was: HB 2268 A-Eng. -- Read third time. Carried by Ayes, 16; nays, 13 – Atkinson, Beyer, Ferrioli, George, Walker. On passage of bill the vote was: Ayes, 29; Kruse, Morse, Nelson, Starr, B., Starr, C., Verger, absent, 1 – Ringo. Bill passed. Westlund, Whitsett, Winters; absent, 1 – Ringo. Bill passed. HB 2297 -- Read third time. Carried by Whitsett. On passage of bill the vote was: Ayes, 29; SB 5536 -- Prozanski requested the following absent, 1 – Ringo. Bill passed. explanation of vote be entered into the journal: HB 2361 A-Eng. -- Read third time. Carried by “I voted for SB 5536 because it represents the DEQ's Prozanski. On passage of bill the vote was: Ayes, 29; Budget for 2005-07. absent, 1 – Ringo. Bill passed.

SJ-178 SENATE JOURNAL

The following measures were referred to Larry Goff Rules committee on June 17 and recorded on Committee Erik Kvarsten (r) Rules Referral List No. 47 which was distributed to Eric Meyer (r) Rules members. Referral list recorded in the Journal and Wanda Sorenson Rules Status Report by order of the President. Eric Swanson (r) Rules SB 1079 Rules SB 1080 Rules Oregon Tourism Commission (ORS 285A.261) SB 1081 Rules Katy Coba (r) Rules SB 1082 Rules Joe D’Alessandro (r) Rules HCR 17 Rules HJM 7 Rules HB 2026, 2051, 2059, 2061, 2099, 2102, 2203, HB 5084 Budget 2205, 2207, 2222, 2228, 2484, 2513, 2524, 2577, 2669, 2724, 2739, 2868, 2875, 2881, 2937, 2946, 2969, 3017, HB 5087 Budget 3047, 3268, 3273 -- President Courtney signed on HB 5113 Budget June 20. HB 5129 Budget Senate adjourned until 9:00 a.m. Tuesday by HB 5130 Budget unanimous consent at the request of the Chair. HB 5132 Budget HB 5133 Budget Tuesday, June 21, 2005 -- Morning Session HB 5134 Budget HB 5135 Budget Senate convened at 9:00 a.m. President Courtney HB 5141 Budget in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, HB 2070 Rules Deckert, Devlin, Ferrioli, George, Gordly, Johnson, HB 2233 Rules Kruse, Metsger, Monnes Anderson, Morrisette, HB 2566 Rules Morse, Nelson, Prozanski, Ringo, Schrader, Shields, HB 2591 Rules Starr, B., Starr, C., Verger, Walker, Westlund, HB 2593 Budget Whitsett, Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator HB 2787 Revenue Rick Metsger, Welches. HB 2828 Rules HB 3029 Rules SB 79, 94, 131, 203, 278, 385, 462, 481, 487, 538, 547, 594, 1002 -- Message from the Governor HB 3073 Rules announcing he signed on June 20. HB 3085 Rules HB 3104 Rules SB 1026, 1045 -- Message from the House announcing passage. HB 3457 Rules HB 3474 Rules SB 896, 996 -- Message from the House announcing passage as amended by the House. State Board of Direct Entry Midwifery (ORS 687.470) HB 2200, 2303, 3363 -- Message from the House announcing concurrence in Senate amendments and Betty Griffith (r) Rules repassage. Oregon Economic & Community Development SCR 7,8; SJM 4; SJR 31; SB 13, 21, 22, 24, 25, Commission (ORS 285A.040) 33, 35, 36, 39, 56, 68, 109, 114, 115, 120, 121, 122, 130, 135, 167, 221, 224, 225, 268, 270, 272, 275, 277, Pamela Hulse Andrews (r) Rules 293, 316, 324, 327, 328, 332, 346, 353, 355, 370, 371, Carl Talton (r) Rules 373, 404, 443, 490, 512, 579, 599, 605, 623, 643, 670, Walter Van Valkenburg (r) Rules 688, 694, 697, 755, 848, 936, 938, 940, 947, 970, 997; HB 2999, 3183, 3219 -- Message from the House State Board of Higher Education (ORS 351.020) announcing the Speaker signed on June 20. Committee Report Summary No. 101 listing the Bridget Burns (r) Rules following reports was distributed to members June Adriana Mendoza (r) Rules 20. Summary list recorded in Journal and Status Howard Sohn (r) Rules Report by order of the President. Tony Van Vliet (r) Rules SB 315 -- Report by Committee on Revenue State Board of Pharmacy (ORS 689.115) recommending passage with amendments. SB 853 -- Report by Committee on Revenue Cathryn Lew (r) Rules recommending passage with amendments to the A- Board on Public Safety Standards and Training (ORS Engrossed bill. 181.620) Committee Report Summary No. 102 listing the following reports was distributed to members today. SENATE JOURNAL SJ-179

Summary list recorded in Journal and Status Report HB 2498 B-Eng.* -- Conference Committee by order of the President. report adopted and bill repassed on motion of Winters. The vote was: Ayes, 30. Bill repassed. SB 71 -- Report by Special Committee on Budget recommending passage of the A-Engrossed SB 427 -- Starr, C. rose to a point of order and bill. stated that he did not intend to move the minority report. SB 289 -- Report by Special Committee on Budget recommending passage. SB 427 -- Rereferred to Committee on Revenue by voice vote on motion of Brown. Senate recessed until 9:30 a.m. by unanimous consent on motion of Brown. HB 3310 -- Consideration of Committee and Minority Reports taken from today’s calendar and Recess extended until 10:30 a.m. by unanimous placed on June 22 calendar by voice vote on motion of consent at the request of the Chair. Ringo. Senate reconvened at 10:30 a.m. President SB 1083 -- Introduced, read first time and Courtney in Chair. All present. referred to President’s desk. Senate, having recessed following the order of SB 71, 289, 315, 853 -- Read second time and Propositions and Motions, resumed under the general passed to third reading. order of business by unanimous consent at the request of the Chair. SB 572 A-Eng. -- Read third time. Carried by Monnes Anderson. On passage of bill the vote was: Senate at ease. Senate reassembled. Ayes, 29; attending legislative business, 1 – Burdick. SB 5625 -- Made a Special Order of Business Bill passed. Metsger, attending legislative business immediately under final consideration by unanimous when roll called, granted unanimous consent to vote consent on motion of Schrader. aye. Potential conflict of interest declared by Metsger. SB 5625 A-Eng. -- Under Special Order of SB 591 -- Read third time. Carried by Business, read third time. Carried by Schrader. On Prozanski. On passage of bill the vote was: Ayes, 26; passage of bill the vote was: Ayes, 25; nays, 5 – Beyer, nays, 3 – Beyer, Kruse, Starr, B.; attending legislative Ferrioli, George, Kruse, Whitsett. Bill passed. business, 1 – Metsger. Bill passed. SB 20 A-Eng. -- Morrisette moved that the SB 786 A-Eng. -- Read third time. Carried by Senate concur in House amendments and repass bill. Atkinson. On passage of bill the vote was: Ayes, 29; On concurrence and repassage the vote was: Ayes, 30. attending legislative business, 1 – Metsger. Bill Bill repassed. passed. SB 230 B-Eng. -- Burdick moved that the HB 5086 A-Eng. -- Read third time. Carried by Senate concur in House amendments and repass bill. Johnson. On passage of bill the vote was: Ayes, 28; On concurrence and repassage the vote was: Ayes, 29; nays, 1 – George; attending legislative business, 1 – nays, 1 – Atkinson. Bill repassed. Metsger. Bill passed. SB 240 B-Eng. -- Burdick moved that the HB 5095 A-Eng. -- Read third time. Carried by Senate concur in House amendments and repass bill. Johnson. On passage of bill the vote was: Ayes, 30. On concurrence and repassage the vote was: Ayes, 30. Bill passed. Bill repassed. HB 5098 A-Eng. -- Read third time. Carried by SB 368 B-Eng. -- Burdick moved that the Nelson. On passage of bill the vote was: Ayes, 30. Senate concur in House amendments and repass bill. Bill passed. On concurrence and repassage the vote was: Ayes, 30. HB 5099 A-Eng. -- Read third time. Carried by Bill repassed. Westlund. On passage of bill the vote was: Ayes, 30. SB 618 B-Eng. -- Monnes Anderson moved that Bill passed. the Senate concur in House amendments and repass HB 5100 A-Eng. -- Read third time. Carried by bill. On concurrence and repassage the vote was: Westlund. On passage of bill the vote was: Ayes, 29; Ayes, 29; attending legislative business, 1 – Nelson. nays, 1 – Whitsett. Bill passed. Bill repassed. HB 5101 A-Eng. -- Read third time. Carried by SB 638 -- Senate refused to concur in House Westlund. On passage of bill the vote was: Ayes, 30. amendments by voice vote on motion of Shields. Bill passed. Conferees to be appointed. HB 5105 A-Eng. -- Read third time. Carried by SB 880 B-Eng. -- Monnes Anderson moved that Carter. On passage of bill the vote was: Ayes, 26; the Senate concur in House amendments and repass nays, 4 – Beyer, Kruse, Starr, B., Verger. Bill passed. bill. On concurrence and repassage the vote was: Ayes, 30. Bill repassed. HB 5106 A-Eng. -- Read third time. Carried by Westlund. On passage of bill the vote was: Ayes, 30. SB 887 -- Senate refused to concur in House Bill passed. amendments by voice vote on motion of Ringo. Conferees to be appointed.

SJ-180 SENATE JOURNAL

HB 5107 A-Eng. -- Read third time. Carried by SB 5606 -- Report by Special Committee on Carter. On passage of bill the vote was: Ayes, 30. Budget recommending passage with amendments. Bill passed. SB 5610 -- Report by Special Committee on HB 5110 A-Eng. -- Read third time. Carried by Budget recommending passage with amendments. Bates. On passage of bill the vote was: Ayes, 30. Bill passed. SB 152 -- Report by Special Committee on Budget recommending passage with amendments. HB 5117 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 25; SB 304 -- Report by Committee on Judiciary nays, 5 – Beyer, Kruse, Starr, C., Whitsett, Winters. without recommendation as to passage and Bill passed. requesting referral to Committee on Rules. Referred to Committee on Rules by order of the President. HB 5123 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 30. SB 311 -- Report by Special Committee on Bill passed. Budget recommending passage with amendments to the A-Engrossed bill. HB 2156, 2227, 2323, 2667, 2730, 2742, 2951 -- Carried over to June 22 calendar by unanimous SB 364 -- Report by Special Committee on consent at the request of the Chair. Budget recommending passage with amendments to the A-Engrossed bill. HB 2458 -- Nelson, Ringo, Shields appointed Senate conferees. SB 421 -- Report by Special Committee on Budget recommending passage with amendments to SB 15, 151, 477, 921, 1006; HB 2999, 3183, 3219 the A-Engrossed bill. -- President Courtney signed on June 21. SB 593 -- Report by Committee on Revenue Senate adjourned until 9:00 a.m. Wednesday by recommending passage of the A-Engrossed bill. unanimous consent at the request of the Chair. SB 815 -- Report by Special Committee on Budget without recommendation as to passage and Wednesday, June 22, 2005 -- Morning Session requesting referral to Committee on Rules. Referred to Committee on Rules by order of the President. Senate convened at 9:00 a.m. President Pro Tempore Carter in Chair. The following members HB 2050 -- Report by Committee on Judiciary were present: Atkinson, Bates, Beyer, Brown, without recommendation as to passage and Burdick, President Courtney, Deckert, Devlin, requesting referral to Committee on Rules. Referred Ferrioli, George, Gordly, Johnson, Kruse, Metsger, to Committee on Rules by order of the President. Monnes Anderson, Morrisette, Morse, Nelson, HB 3159 -- Report by Committee on Judiciary Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, without recommendation as to passage and C., Verger, Walker, Westlund, Whitsett; excused -- requesting referral to Committee on Rules. Referred Winters. Colors were posted and the Senate pledged to Committee on Rules by order of the President. allegiance to the flag. Invocation by Steve Bryant, City Manager of Albany. HB 3415 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. SB 691, 692; HB 5162 -- Message from the House announcing passage. Senate at ease. Senate reassembled. Committee Report Summary No. 103 listing the SB 106 -- Senate refused to concur in House following reports was distributed to members today. amendments by voice vote on motion of Burdick. Summary list recorded in Journal and Status Report Conferees to be appointed. by order of the President. SB 386 B-Eng. -- Prozanski moved that the SB 55 B-Eng. -- Report by Conference Senate concur in House amendments and repass bill. Committee, signed by Senators Metsger, Starr, B., On concurrence and repassage the vote was: Ayes, 29; Burdick and Representatives Anderson, Jenson, excused, 1 – Winters. Bill repassed. Nolan, recommending the Senate concur in House amendments dated May 20 and that the bill be SB 573 B-Eng. -- Prozanski moved that the repassed. Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 29; SB 5545 -- Report by Special Committee on excused, 1 – Winters. Bill repassed. Budget recommending passage with amendments. SB 996 B-Eng. -- Deckert moved that the SB 5573 -- Report by Special Committee on Senate concur in House amendments and repass bill. Budget recommending passage with amendments. On concurrence and repassage the vote was: Ayes, 29; excused, 1 – Winters. Bill repassed. SB 5576 -- Report by Special Committee on Budget recommending passage with amendments. SB 23 B-Eng. -- Deckert moved that the Senate concur in House amendments and repass bill. On SB 5583 -- Report by Special Committee on concurrence and repassage the vote was: Ayes, 29; Budget recommending passage with amendments. excused, 1 – Winters. Bill repassed. SB 5602 -- Report by Special Committee on HB 3310 -- Committee report and minority Budget recommending passage with amendments. report read. Ringo moved that the Senate adopt the SENATE JOURNAL SJ-181 committee report. Beyer moved that the minority HB 2667 -- Read third time. Carried by Beyer. report be substituted for the committee report. On passage of bill the vote was: Ayes, 30. Bill passed. HB 3310 -- Motion to substitute minority report HB 2730 A-Eng. -- Read third time. Carried by failed. The vote was: Ayes, 12; nays, 17 – Bates, Prozanski. On passage of bill the vote was: Ayes, 30. Brown, Burdick, Carter, Deckert, Devlin, Gordly, Bill passed. Metsger, Monnes Anderson, Morrisette, Prozanski, Ringo, Schrader, Shields, Verger, Walker, President HB 2742 A-Eng. -- Read third time. Carried by Courtney; excused, 1 – Winters. Motion failed. Devlin. Call of the Senate demanded by Devlin joined by Walker and Burdick. All present. On passage of HB 3310 B-Eng. -- Bill, as amended by bill the vote was: Ayes, 22; nays, 8 – Beyer, George, committee report, read third time. Carried by Ringo. Kruse, Morse, Starr, B., Starr, C., Verger, Whitsett. On passage of bill the vote was: Ayes, 16; nays, 13 – Bill passed. Atkinson, Beyer, Carter, Deckert, Ferrioli, George, Kruse, Morse, Nelson, Schrader, Starr, B., Starr, C., HB 2951 B-Eng. -- Read third time. Carried by Whitsett; excused, 1 – Winters. Bill passed. George. On passage of bill the vote was: Ayes, 30. Bill passed. SJM 8; SB 5629, 5630, 5631, 5632, 5633, 5634, 5635, 5636, 5637, 5638, 5639, 5640, 5641, 5642, 5643; SB 106 -- Burdick, Beyer, Prozanski appointed 1084, 1086, 1087, 1088 -- Introduced, read first time Senate conferees. and referred to President’s desk. SB 638 -- Deckert, Beyer, Shields appointed SB 593 -- Read second time and passed to third Senate conferees. reading. HB 2189, 2276, 2281, 2416, 2452, 2511, 2518, SB 71 A-Eng. -- Read third time. Carried by 2569, 2604, 2659, 2722, 2755, 2995, 3038, 3206, 3441, Schrader. Call of the Senate demanded by George 3465 -- President Courtney signed on June 22. joined by Ferrioli, Starr, C. All present except Bates, Senate adjourned until 9:00 a.m. Thursday by Westlund, absent; Winters, excused. Pending arrival unanimous consent at the request of the Chair. of members subject to the Call, Senate at ease. All present except Winters, excused. Senate reassembled. Thursday, June 23, 2005 -- Morning Session Potential conflict of interest declared by Morse. On passage of bill the vote was: Ayes, 30. Bill passed. Senate convened at 9:00 a.m. President Pro Winters excused when roll called, granted unanimous Tempore Carter in Chair. The following members consent to vote aye. were present: Bates, Brown, President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, SB 289 -- Read third time. Carried by Shields. Kruse, Metsger, Monnes Anderson, Morrisette, Potential conflict of interest declared by Kruse. On Morse, Nelson, Prozanski, Ringo, Schrader, Shields, passage of bill the vote was: Ayes, 30. Bill passed. Starr, B., Starr, C., Verger, Westlund, Whitsett, Winters excused when roll called, granted unanimous Winters; absent -- Atkinson; attending legislative consent to vote aye. business -- Beyer, Burdick, Walker. Colors were posted and the Senate pledged allegiance to the flag. SB 315 A-Eng. -- Read third time. Carried by Invocation by Pastor Jim Holm, New Hope Deckert, Gordly. On passage of bill the vote was: Foursquare Church, Salem. Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Nelson, Starr, B., Whitsett; excused, 1 – SB 57, 236, 273, 287, 641, 881, 973; HB 2159, Winters. Bill passed. 2588, 3168 -- Message from the House announcing passage. SB 853 B-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 30. Bill HB 2141 -- Message from the House passed. Winters excused when roll called, granted announcing concurrence in Senate amendments and unanimous consent to vote aye. repassage. HB 5162 -- Read first time and referred to SB 15, 151, 477, 921, 1006; HB 2189, 2276, 2281, President’s desk. 2416, 2452, 2511, 2518, 2569, 2604, 2659, 2722, 2755, 2995, 3038, 3206, 3441, 3465 -- Message from the HB 3415 -- Read second time and passed to House announcing the Speaker signed on June 22. third reading. Committee Report Summary No. 104 listing the HB 2156 -- Read third time. Carried by following reports was distributed to members June Burdick. On passage of bill the vote was: Ayes, 28; 22. Summary list recorded in Journal and Status excused, 1 – Winters; attending legislative business, 1 Report by order of the President. – Gordly. Bill passed. SB 65 -- Report by Committee on Judiciary HB 2227 -- Read third time. Carried by recommending passage with amendments. Walker. On passage of bill the vote was: Ayes, 30. SB 420 -- Report by Committee on Rules Bill passed. recommending passage with amendments and HB 2323 -- Read third time. Carried by requesting referral to Special Committee on Budget. Referred to Special Committee on Budget by order of Whitsett. On passage of bill the vote was: Ayes, 30. the President. Bill passed.

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SB 818 -- Report by Committee on Rules SB 1085 -- Introduced, read first time and recommending passage with amendments to the A- referred to President’s desk. Engrossed bill. SB 5545, 5573, 5576, 5583, 5602, 5606, 5610; 65, HB 2167 -- Report by Committee on Rules 152, 311, 364, 421, 818 -- Read second time and recommending passage with amendments to the A- passed to third reading. Engrossed bill. SB 593 A-Eng. -- Read third time. Carried by HB 2221 -- Report by Committee on Judiciary Schrader. Call of the Senate demanded by Schrader recommending passage with amendments to the B- joined by Brown and Shields. All present except Engrossed bill. Beyer, Burdick, Walker, attending legislative HB 2282 -- Report by Committee on Judiciary business. Pending arrival of members subject to the recommending passage with amendments to the A- Call, Senate at ease. All present. Senate reassembled. Engrossed bill. On passage of bill the vote was: Ayes, 22; nays, 8 – HB 2359 -- Report by Judiciary recommending Beyer, Ferrioli, George, Kruse, Nelson, Starr, C., passage with amendments to the A-Engrossed bill to Westlund, Whitsett. Bill passed. resolve conflicts. HB 2159, 2588, 3168 -- Read first time and HB 2599 -- Report by Committee on Judiciary, referred to President’s desk. signed by Burdick, Chair, recommending passage HB 2167, 2212, 2221, 2269, 2282, 2359, 2599, with amendments to the A-Engrossed bill. Minority 2811, 2840, 3127, 3458 -- Read second time and Report, signed by Beyer, Whitsett, recommending passed to third reading. passage with different amendments to the A- Engrossed bill. HB 3415 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 26; HB 2811 -- Report by Committee on Judiciary attending legislative business, 4 – Beyer, Burdick, recommending passage with amendments to the A- Walker, Whitsett. Bill passed. Engrossed bill. The following measures were referred to HB 3127 -- Report by Committee on Rules recommending passage with amendments. committee on June 22 and recorded on Committee Referral List No. 48 which was distributed to HB 3458 -- Report by Committee on Rules members. Referral list recorded in the Journal and recommending passage with amendments to the A- Status Report by order of the President. Engrossed bill. SJM 8 Rules Committee Report Summary No. 105 listing the SB 5629 Budget following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 5630 Budget by order of the President. SB 5631 Budget SB 5632 Budget SB 1073 -- Report by Committee on Rules SB 5633 Budget recommending passage with amendments. Referred SB 5634 Budget to Special Committee on Budget by order of the SB 5635 Budget President. SB 5636 Budget HB 2212 -- Report by Committee on Rules SB 5637 Budget recommending passage of the A-Engrossed bill. SB 5638 Budget HB 2269 -- Report by Committee on Rules SB 5639 Budget recommending passage of the A-Engrossed bill. SB 5640 Budget SB 5641 Budget HB 2306 -- Report by Committee on Judiciary SB 5642 Budget recommending passage with amendments to the A- SB 5643 Budget Engrossed bill. SB 1083 Rules; Revenue HB 2840 -- Report by Committee on Rules SB 1084 Budget recommending passage of the A-Engrossed bill. SB 1086 Rules HB 3466 -- Report by Committee on Rules SB 1087 Rules recommending passage with amendments. Referred SB 1088 Budget to Special Committee on Budget by prior reference. HB 5136 Budget HB 5138 Budget SB 323 -- Senate refused to concur in House amendments by voice vote on motion of Metsger. HB 5140 Budget Conferees to be appointed. HB 5162 Budget HB 2089 Rules SB 896 -- Senate refused to concur in House amendments by voice vote on motion of Starr, B. HB 2123 Budget Conferees to be appointed. HB 2186 Budget HB 3075 Rules SB 55 B-Eng.* -- Conference Committee report HB 3494 Rules adopted and bill repassed on motion of Metsger. The vote was: Ayes, 25; nays, 1 – Kruse; absent, 1 – SB 1064 -- President Courtney signed on June Atkinson; attending legislative business, 3 – Beyer, 22. Burdick, Walker. Bill repassed. SENATE JOURNAL SJ-183

Senate adjourned until 9:00 a.m. Friday by 2005, and ending June 30, 2009, effective upon Senate unanimous consent at the request of the Chair. confirmation. This appointment is submitted for your consideration. Friday, June 24, 2005 -- Morning Session Sincerely, Senate convened at 9:00 a.m. President Courtney Theodore R. Kulongoski Governor in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, June 23, 2005 Metsger, Monnes Anderson, Morrisette, Morse, TO THE HONORABLE PRESIDENT OF THE SENATE Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, OF THE 73rd LEGISLATIVE ASSEMBLY C., Verger, Walker, Westlund, Whitsett; absent -- Carter, Nelson; excused -- Winters. Colors were ORS 461.100 provides that the Governor shall appoint the posted and the Senate pledged allegiance to the flag. members of the Oregon State Lottery Commission, subject Invocation by Charles Starr, Hillsboro. to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. The following messages from the Governor were read and referred to the President's desk: I appoint Pamela Fogg of Boring to the Oregon State Lottery Commission for an unexpired four-year term June 23, 2005 beginning July 1, 2005, and ending December 19, 2007, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 674.305 provides that the Governor shall appoint the Sincerely, members of the Appraiser Certification and Licensure Theodore R. Kulongoski Board, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. June 23, 2005 I appoint Sara Fraser of Eugene to the Appraiser Certification and Licensure Board for a four-year term TO THE HONORABLE PRESIDENT OF THE SENATE beginning July 1, 2005, and ending June 30, 2009, effective OF THE 73rd LEGISLATIVE ASSEMBLY upon Senate confirmation. ORS 461.100 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Oregon State Lottery Commission, subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Theodore R. Kulongoski I reappoint Kerry Tymchuk of Portland to the Oregon State Governor Lottery Commission for a four-year term beginning January 14, 2005, and ending January 13, 2009, effective June 23, 2005 upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Theodore R. Kulongoski ORS 357.010 provides that the Governor shall appoint the Governor members of the Trustees of the State Library, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 23, 2005 I appoint Sue Burkholder of Ashland to the Trustees of the TO THE HONORABLE PRESIDENT OF THE SENATE State Library for a four-year term beginning August 1, OF THE 73rd LEGISLATIVE ASSEMBLY 2005, and ending June 30, 2009, effective upon Senate confirmation. ORS 778.215 provides that the Governor shall appoint the members of the Board of Commissioners of Port of Portland, This appointment is submitted for your consideration. subject to Senate confirmation, in the manner provided by Sincerely, ORS 171.562 and ORS 171.565. Theodore R. Kulongoski I reappoint Steve Corey of Pendleton to the Board of Governor Commissioners of Port of Portland for a four-year term beginning April 1, 2005, and ending March 31, 2009, June 23, 2005 effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Theodore R. Kulongoski ORS 357.010 provides that the Governor shall appoint the Governor members of the Trustees of the State Library, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 23, 2005 I reappoint Yvonne Williams of Portland to the Trustees of TO THE HONORABLE PRESIDENT OF THE SENATE the State Library for a four-year term beginning July 1, OF THE 73rd LEGISLATIVE ASSEMBLY

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ORS 778.215 provides that the Governor shall appoint the members of the Board of Commissioners of Port of Portland, June 23, 2005 subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I reappoint Judith Johansen of Lake Oswego to the Board of OF THE 73rd LEGISLATIVE ASSEMBLY Commissioners of Port of Portland for a four-year term beginning September 15, 2005, and ending September 14, ORS 267.090 provides that the Governor shall appoint the 2009, effective upon Senate confirmation. members of the Tri-Met Board, subject to Senate confirmation, in the manner provided by ORS 171.562 and This appointment is submitted for your consideration. ORS 171.565. Sincerely, I reappoint George Richardson of Portland to the Tri-Met Theodore R. Kulongoski Board for a four-year term beginning September 10, 2005, Governor and ending September 9, 2009, effective upon Senate confirmation. June 23, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Theodore R. Kulongoski ORS 778.215 provides that the Governor shall appoint the Governor members of the Board of Commissioners of Port of Portland, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. June 23, 2005 I reappoint Junki Yoshida of Portland to the Board of TO THE HONORABLE PRESIDENT OF THE SENATE Commissioners of Port of Portland for a four-year term OF THE 73rd LEGISLATIVE ASSEMBLY beginning October 1, 2003, and ending September 30, 2007, effective upon Senate confirmation. ORS 267.090 provides that the Governor shall appoint the members of the Tri-Met Board, subject to Senate This appointment is submitted for your consideration. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Theodore R. Kulongoski I reappoint Tiffany Sweitzer of Portland to the Tri-Met Governor Board for a four-year term beginning July 1, 2005, and ending June 30, 2009, effective upon Senate confirmation. June 23, 2005 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY Theodore R. Kulongoski Chapter 918, Sec. 2 Oregon Laws 2001 provides that the Governor Governor shall appoint the members of the Sustainability Board, subject to Senate confirmation, in the manner SB 198, 262, 528, 568, 914, 919; HB 5083, 5146, provided by ORS 171.562 and ORS 171.565. 5157; 2120, 2247, 2717, 3230, 3260 -- Message from the House announcing passage. I appoint Trey Senn of Klamath Falls to the Sustainability Board for an unexpired four-year term beginning July 2, SB 89, 693 -- Message from the House 2005, and ending December 31, 2006, effective upon Senate announcing passage as amended by the House. confirmation. HB 2951 -- Message from the House This appointment is submitted for your consideration. announcing concurrence in Senate amendments and Sincerely, repassage. Theodore R. Kulongoski Governor SB 106 -- Message from the House announcing Barker, Krieger, and Olson appointed House Conferees. June 23, 2005 SB 110 -- Message from the House announcing TO THE HONORABLE PRESIDENT OF THE SENATE Brown, Esquivel and Macpherson appointed House OF THE 73rd LEGISLATIVE ASSEMBLY Conferees. Chapter 918, Sec. 2 Oregon Laws 2001 provides that the Committee Report Summary No. 106 listing the Governor shall appoint the members of the Sustainability Board, subject to Senate confirmation, in the manner following reports was distributed to members June provided by ORS 171.562 and ORS 171.565. 23. Summary list recorded in Journal and Status Report by order of the President. I reappoint Sara Vickerman of Lake Oswego to the Sustainability Board for a four-year term beginning July 2, HB 2230 -- Report by Committee on Judiciary 2005, and ending December 31, 2008, effective upon Senate recommending passage with amendments to the A- confirmation. Engrossed bill. This appointment is submitted for your consideration. Committee Report Summary No. 107 listing the Sincerely, following reports was distributed to members today. Summary list recorded in Journal and Status Report Theodore R. Kulongoski by order of the President. Governor SENATE JOURNAL SJ-185

HJM 35 -- Report by Committee on Rules HB 2167 -- Taken from today’s third reading recommending adoption. Calendar and rereferred to Committee on Rules by voice vote on motion of Brown. HB 2202 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. HB 2599 -- Committee report and minority report read. Burdick moved the Senate adopt the HB 2315 -- Report by Committee on Rules committee report. Beyer moved the minority report be recommending passage of the A-Engrossed bill. substituted for the committee report. Call of the HB 2335 -- Report by Committee on Rules Senate demanded by Beyer joined by Gordly and recommending passage of the A-Engrossed bill. George. All present except Carter, Nelson, absent; Winters, excused. HB 2596 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. HB 2599 -- Motion to substitute minority report carried. The vote was: Ayes, 14; nays, 13 – Bates, HB 2729 -- Report by Committee on Rules Brown, Burdick, Deckert, Devlin, Metsger, Monnes recommending passage of the A-Engrossed bill. Anderson, Ringo, Schrader, Shields, Verger, Walker, HB 2831 -- Report by Committee on Rules President Courtney; absent, 2 – Carter, Nelson; recommending passage of the A-Engrossed bill. excused, 1 – Winters. Motion carried. HB 2976 -- Report by Committee on Rules HB 2599 A-Eng. -- Bill, as amended by minority recommending passage of the A-Engrossed bill. report, read third time. Carried by Beyer. HB 3029 -- Report by Committee on Rules Senate at ease. Senate reassembled. recommending passage of the A-Engrossed bill. HB 2599 A-Eng. -- Brown moved that bill be HB 3050 -- Report by Committee on Rules referred to Rules. The vote was: Ayes, 17; nays, 10-- recommending passage of the A-Engrossed bill. Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Starr, B., Starr, C., Westlund, Whitsett; absent, 2-- HB 3197 -- Report by Committee on Rules Carter, Nelson; excused, 1--Winters. Motion carried. recommending passage of the A-Engrossed bill. SCR 11 -- Introduced, read first time and HB 3223 -- Report by Committee on Rules referred to President’s desk. recommending passage. SJR 34 -- Read final time. Carried by Ferrioli. HB 3252 -- Report by Committee on Rules On adoption of resolution, the vote was: Ayes, 25; recommending passage of the A-Engrossed bill. nays, 2 – Beyer, Whitsett; absent, 2 – Carter, Nelson; excused, 1 – Winters. Resolution adopted. HB 3257 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. SB 5545 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 20; HB 3272 -- Report by Committee on Rules nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, recommending passage of the A-Engrossed bill. Starr, B., Starr, C.; absent, 2 – Carter, Nelson; HB 3301 -- Report by Committee on Rules excused, 1 – Winters. Bill passed. recommending passage of the B-Engrossed bill. SB 152 -- Moved to the head of today's third HB 3318 -- Report by Committee on Rules reading calendar by unanimous consent at the recommending passage. request of the Chair. HB 3468 -- Report by Committee on Rules SB 152 A-Eng. -- Read third time. Carried by recommending passage. Verger. On passage of bill the vote was: Ayes, 27; absent, 2 – Carter, Nelson; excused, 1 – Winters. Bill HB 3482 -- Report by Committee on Rules passed. recommending passage of the A-Engrossed bill. SB 5573 A-Eng. -- Read third time. Carried by SB 1012 A-Eng. -- Burdick moved that the Johnson. On passage of bill the vote was: Ayes, 20; Senate concur in House amendments and repass bill. nays, 6 – Atkinson, Beyer, George, Kruse, Starr, B., On concurrence and repassage the vote was: Ayes, 24; Whitsett; absent, 2 – Carter, Nelson; excused, 1 – nays, 3--Beyer, Kruse, Nelson; absent, 2--Carter, Winters; attending legislative business, 1 – Ferrioli. Schrader; excused, 1--Winters. Bill repassed. Bill passed. Westlund, attending legislative business when roll called, granted unanimous consent to vote aye. SB 5576 A-Eng. -- Read third time. Carried by Westlund. On passage of bill the vote was: Ayes, 19; Senate recessed until 9:35 a.m. by unanimous nays, 7 – Atkinson, Beyer, George, Kruse, Starr, B., consent on motion of Brown. Starr, C., Whitsett; absent, 2 – Carter, Nelson; Senate reconvened at 9:35 a.m. President excused, 1 – Winters; attending legislative business, 1 Courtney in Chair. All present except Carter, absent; – Ferrioli. Bill passed. Winters, excused. SB 5583 A-Eng. -- Read third time. Carried by Senate, having recessed under the order of Gordly. Call of the Senate demanded by Brown joined Propositions and Motions, resumed under the general by Prozanski and Monnes Anderson. All present order of business by unanimous consent at the except Carter, Ferrioli, Nelson, absent; Winters, request of the Chair. excused. Pending arrival of members subject to the

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Call, Senate at ease. Further proceedings under the Ewing, an 8th grader from Damascus Middle School, Call terminated by unanimous consent at the request singing “Amazing Grace”, Portland. of the Chair. All present except Carter, Ferrioli, Nelson, absent; Winters, excused. Senate Courtesies of the Senate were extended to former reassembled. On passage of bill the vote was: Ayes, State Representative Lonnie Roberts at the request of 17; nays, 10 – Atkinson, Beyer, Ferrioli, George, George. Kruse, Metsger, Morse, Starr, B., Starr, C., Whitsett; SB 1064; HB 2142, 2200, 2268, 2297, 2303, 2361, absent, 2 – Carter, Nelson; excused, 1 – Winters. Bill 3363 -- Message from the House announcing the passed. Ferrioli, absent when roll called, granted Speaker signed on June 23. unanimous consent to vote no. Committee Report Summary No. 108 listing the SB 5602 A-Eng. -- Read third time. Carried by following reports was distributed to members June Morrisette. Call of the Senate demanded by Brown 24. Summary list recorded in Journal and Status joined by Gordly and Monnes Anderson. All present Report by order of the President. except Carter, Nelson, absent; Winters, excused. On passage of bill the vote was: Ayes, 19; nays, 8 – SB 1076 -- Report by Committee on Rules Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., recommending passage with amendments. Starr, C., Whitsett; absent, 2 – Carter, Nelson; HB 2077 -- Report by Committee on Rules excused, 1 – Winters. Bill passed. recommending passage with amendments to the A- SB 5606 A-Eng. -- Read third time. Carried by Engrossed bill. Gordly. Call of the Senate demanded by Brown joined HB 2144 -- Report by Committee on Judiciary by Johnson and Ferrioli. All present except Carter, recommending passage with amendments. Nelson, absent; Winters, excused. On passage of bill the vote was: Ayes, 20; nays, 7 – Atkinson, Beyer, HB 2210 -- Report by Committee on Rules Ferrioli, George, Kruse, Starr, B., Starr, C.; absent, 2 recommending passage with amendments to the A- – Carter, Nelson; excused, 1 – Winters. Bill passed. Engrossed bill. SB 5610 A-Eng. -- Read third time. Carried by HB 2224 -- Report by Committee on Judiciary Schrader. On passage of bill the vote was: Ayes, 19; recommending passage with amendments to the A- nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Engrossed bill. Starr, B., Starr, C., Whitsett; absent, 2 – Carter, Nelson; excused, 1 – Winters. Bill passed. HB 2404 -- Report by Committee on Rules recommending passage with amendments to the A- SB 65, 311, 364, 421, 818 -- Carried over to Engrossed bill. June 27 calendar by unanimous consent at the request of the Chair. HB 2614 -- Report by Committee on Rules recommending passage with amendments. HB 5083, 5146, 5157; 2120, 2247, 2717, 3230, 3260 -- Read first time and referred to President’s HB 2772 -- Report by Committee on Rules desk. recommending passage with amendments to the A- Engrossed bill. HJM 35; HB 2202, 2230, 2306, 2315, 2335, 2596, 2729, 2831, 2976, 3029, 3050, 3197, 3223, 3252, 3257, HB 3352 -- Report by Committee on Judiciary 3272, 3301, 3318, 3468, 3482 -- Read second time recommending passage with amendments to the A- and passed to third reading. Engrossed bill. HB 2212, 2221, 2269, 2282, 2359, 2811, 2840, Senate recessed until 9:45 a.m. by unanimous 3127, 3458 -- Carried over to June 27 calendar by consent on motion of Brown. unanimous consent at the request of the Chair. Senate reconvened at 9:45 a.m. Metsger in SB 5551, 5556, 5557, 5558, 5559, 5561, 5563, Chair. All present except Morrisette, excused; Bates, 5591, 5592, 5596, 5597, 5598, 5599; 52, 61, 63, 229, Carter, Schrader, attending legislative business. 231, 258, 284, 383, 460, 585, 847, 1026, 1045 -- Senate, having recessed under the order of President Courtney signed on June 23. Propositions and Motions, resumed under the general Senate adjourned until 9:00 a.m. Monday by order of business by unanimous consent at the unanimous consent at the request of the Chair. request of the Chair. SB 89 B-Eng. -- Burdick moved that the Senate Monday, June 27, 2005 -- Morning Session concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 26; Senate convened at 9:00 a.m. Metsger in Chair. excused, 1 – Morrisette; attending legislative The following members were present: Atkinson, business, 3 – Bates, Carter, Schrader. Bill repassed. Bates, Beyer, Brown, Burdick, Carter, President SB 855 B-Eng. -- Monnes Anderson moved that Courtney, Deckert, Devlin, Ferrioli, George, Gordly, the Senate concur in House amendments and repass Johnson, Kruse, Monnes Anderson, Morrisette, bill. On concurrence and repassage the vote was: Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Ayes, 25; excused, 1 – Morrisette; attending Starr, B., Starr, C., Verger, Walker, Westlund, legislative business, 4 – Atkinson, Bates, Carter, Whitsett, Winters. Colors were posted and the Senate Schrader. Bill repassed. pledged allegiance to the flag. Invocation by Rebecca SENATE JOURNAL SJ-187

SB 962 B-Eng. -- Monnes Anderson moved that HB 3127 A-Eng. -- Read third time. Carried by the Senate concur in House amendments and repass Ferrioli. On passage of bill the vote was: Ayes, 30. bill. On concurrence and repassage the vote was: Bill passed. Ayes, 29; attending legislative business, 1 – Gordly. Bill repassed. HB 3458 -- Moved to the foot of today's third reading calendar by unanimous consent at the SB 1089, 1090 -- Introduced, read first time and request of the Chair. referred to President’s desk. HJM 35 -- Read final time. Carried by Ferrioli. SB 1076 -- Read second time and passed to On adoption of memorial, the vote was: Ayes, 29; third reading. nays, 1 – Verger. Memorial adopted. SB 65 A-Eng. -- Read third time. Carried by HB 2202 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 17; Shields. On passage of bill the vote was: Ayes, 27; nays, 12 – Atkinson, Beyer, Ferrioli, George, Kruse, nays, 1 – Verger; attending legislative business, 2 – Morse, Schrader, Starr, B., Verger, Westlund, Atkinson, Ringo. Bill passed. Whitsett, Winters; attending legislative business, 1 – Gordly. Bill passed. HB 2202 -- Verger requested the following explanation of vote be entered into the journal: SB 311 B-Eng. -- Read third time. Carried by “I voted No on HB 2202 as a protest vote. We do not Westlund. On passage of bill the vote was: Ayes, 29; adequately fund the local commissions, and yet, we want to attending legislative business, 1 – Gordly. Bill add to their workload. passed. “We must put a higher budget priority on our local SB 364 B-Eng. -- Read third time. Carried by commissions on Children and Families who are so Schrader. On passage of bill the vote was: Ayes, 27; successful in their local communities, and who work so very nays, 2 – Beyer, Ferrioli; attending legislative hard with limited staff and inadequate resources. business, 1 – Gordly. Bill passed. “Homelessness is a major problem in our metropolitan SB 421 B-Eng. -- Read third time. Carried by areas, particularly. But if we want to add this to the Johnson. On passage of bill the vote was: Ayes, 28; responsibilities of the commissions, we must give them what they need to address the problem and provide nays, 1 – George; attending legislative business, 1 – solutions. Gordly. Bill passed. “‘Budgets are a Moral Document’” SB 818 B-Eng. -- Bill read. Carried by Shields. On passage of bill the vote was: Ayes, 29; attending HB 2230 B-Eng. -- Read third time. Carried by legislative business, 1 – Gordly. Bill passed. Whitsett. On passage of bill the vote was: Ayes, 26; attending legislative business, 4 – Atkinson, Nelson, HB 2077, 2144, 2210, 2224, 2404, 2614, 2772, Prozanski, Ringo. Bill passed. 3352 -- Read second time and passed to third reading. HB 2306 B-Eng. -- Read third time. Carried by Burdick. Call of the Senate demanded by Ferrioli HB 2212 A-Eng. -- Read third time. Carried by joined by Starr, C., Starr, B. All present except Brown. On passage of bill the vote was: Ayes, 30. Atkinson, Prozanski, Ringo, attending legislative Bill passed. business. Pending arrival of members subject to the Courtesies of the Senate were extended to former Call, Senate at ease. All present. Senate Governor Barbara Roberts at the request of Brown. reassembled. On passage of bill the vote was: Ayes, 28; nays, 2 – Schrader, Verger. Bill passed. HB 2221 C-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 29; HB 2315 A-Eng. -- Read third time. Carried by excused, 1 – Carter. Bill passed. Shields. On passage of bill the vote was: Ayes, 30. Bill passed. HB 2269 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 28; HB 2335 A-Eng. -- Read third time. Carried by nays, 2 – George, Schrader. Bill passed. Brown. On passage of bill the vote was: Ayes, 30. Bill passed. HB 2282 B-Eng. -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 28; HB 2596 A-Eng. -- Read third time. Carried by nays, 2 – Schrader, Verger. Bill passed. Shields. On passage of bill the vote was: Ayes, 29; nays, 1 – Schrader. Bill passed. HB 2359 B-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 29; HB 2729 A-Eng. -- Read third time. Carried by nays, 1 – Schrader. Bill passed. Westlund. On passage of bill the vote was: Ayes, 25; nays, 4 – Beyer, Ferrioli, George, Kruse; absent, 1 – HB 2811 B-Eng. -- Read third time. Carried by Nelson. Bill passed. Burdick. On passage of bill the vote was: Ayes, 30. Bill passed. SB 323 -- Metsger, Beyer, Walker appointed Senate conferees. HB 2840 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 28; SB 887 -- Ringo, Devlin, Starr, B. appointed nays, 2 – Carter, Schrader. Bill passed. Senate conferees.

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SB 896 -- Deckert, Metsger, Starr, B. appointed Senate resumed under the order of Third Senate conferees. Reading of House Measures by unanimous consent at the request of the Chair. Senate recessed until 3:00 p.m. by unanimous consent at the request of the Chair. HB 2831 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 27; Monday, June 27, 2005 -- Afternoon Session excused, 2 – Devlin, Winters; attending legislative business, 1 – Gordly. Bill passed. Senate reconvened at 3:00 p.m. President HB 2976 A-Eng. -- Read third time. Carried by Courtney in Chair. All present except Devlin, Gordly, Brown. On passage of bill the vote was: Ayes, 26; attending legislative business; Winters, excused. excused, 1 – Winters; attending legislative business, 3 SB 373 -- Message from the Governor – Devlin, Gordly, Prozanski. Bill passed. announcing he signed on June 24. HB 3029 A-Eng. -- Read third time. Carried by HB 2510, 3486 -- Message from the House Ferrioli. On passage of bill the vote was: Ayes, 26; announcing passage. excused, 1 – Winters; attending legislative business, 3 – Devlin, Gordly, Prozanski. Bill passed. HB 3310 -- Message from the House announcing refusal to concur in Senate amendments. HB 3050 A-Eng. -- Read third time. Carried by House conferees to be appointed. Shields. On passage of bill the vote was: Ayes, 26; excused, 1 – Winters; attending legislative business, 3 Senate, having recessed under the order of Third – Devlin, Gordly, Prozanski. Bill passed. Reading of House Measures, reverted to the order of Reports from Standing Committees by unanimous HB 3197 A-Eng. -- Read third time. Carried by consent at the request of the Chair. Atkinson. On passage of bill the vote was: Ayes, 26; nays, 1 – George; excused, 1 – Winters; attending Committee Report Summary No. 109 listing the legislative business, 2 – Gordly, Prozanski. Bill following reports was distributed to members today. passed. Summary list recorded in Journal and Status Report by order of the President. HB 3223 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; nays, 1 – HB 2458 B-Eng. -- Report by Conference Schrader; excused, 1 – Winters; attending legislative Committee, signed by Senators Nelson, Ringo, Shields business, 2 – Gordly, Prozanski. Bill passed. and Representatives Garrard, Ackerman, Jenson recommending the House concur in Senate HB 3252 A-Eng. -- Read third time. Carried by amendments dated June 13 and that the bill be Shields. On passage of bill the vote was: Ayes, 25; further amended and repassed. nays, 2 – Carter, Schrader; excused, 1 – Winters; attending legislative business, 2 – Gordly, Prozanski. SB 907 -- Report by Committee on Judiciary Bill passed. recommending passage with amendments and requesting referral to Special Committee on Budget. HB 3257 A-Eng. -- Read third time. Carried by Referred to Special Committee on Budget by order of Brown. On passage of bill the vote was: Ayes, 26; the President. absent, 1 – Metsger; excused, 1 – Winters; attending legislative business, 2 – Gordly, Prozanski. Bill HB 5162 -- Report by Special Committee on passed. Budget recommending passage of the A-Engrossed bill. HB 3272 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 26; HB 2299 -- Report by Committee on Judiciary nays, 2 – Carter, Schrader; excused, 1 – Winters; recommending passage with amendments. attending legislative business, 1 – Gordly. Bill passed. HB 2312 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 3301 B-Eng. -- Read third time. Carried by Engrossed bill. Morrisette. On passage of bill the vote was: Ayes, 27; nays, 1 – Schrader; excused, 1 – Winters; attending HB 3419 -- Report by Committee on Rules legislative business, 1 – Gordly. Bill passed. recommending passage with amendments to the A- Engrossed bill to resolve conflicts. HB 3318 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 28; Senate reverted to the order of First Reading of excused, 1 – Winters; attending legislative business, 1 House Measures by unanimous consent at the request – Gordly. Bill passed. of the Chair. HB 3468 -- Read third time. Carried by Brown. HB 2510, 3486 -- Read first time and referred to On passage of bill the vote was: Ayes, 28; excused, 1 – President's desk. Winters; attending legislative business, 1 – Gordly. Senate reverted to the order of Second Reading Bill passed. of House Measures by unanimous consent at the HB 3482 A-Eng. -- Read third time. Carried by request of the Chair. Bates. On passage of bill the vote was: Ayes, 26; HB 5162 -- Read second time and passed to nays, 2 – Beyer, Kruse; excused, 1 – Winters; third reading. attending legislative business, 1 – Gordly. Bill passed. SENATE JOURNAL SJ-189

HB 3458 B-Eng. -- Read third time. Carried by SB 738, 1080 -- Read second time and passed to Kruse. Call of the Senate demanded by Brown joined third reading. by Verger and Kruse. All present except Schrader, Walker, absent; Gordly, attending legislative SB 1076 A-Eng. -- Read third time. Carried by business; Winters, excused. Pending arrival of Devlin. On passage of bill the vote was: Ayes, 24; members subject to the Call, Senate at ease. All nays, 4 – Beyer, George, Kruse, Nelson; excused, 1 – present except Winters, excused. Senate reassembled. Walker; attending legislative business, 1 – Schrader. On passage of bill the vote was: Ayes, 29; excused, 1 – Bill passed. Winters. Bill passed. HB 2299, 2312, 3419 -- Read second time and Senate adjourned until 9:00 a.m. Tuesday by passed to third reading. unanimous consent at the request of the Chair. HB 5162 -- Moved to the foot of today's third reading calendar by unanimous consent at the Tuesday, June 28, 2005 -- Morning Session request of the Chair. HB 2077 B-Eng. -- Read third time. Carried by Senate convened at 9:00 a.m. President Courtney Shields. On passage of bill the vote was: Ayes, 27; in Chair. The following members were present: nays, 1 – Ringo; excused, 1 – Walker; attending Atkinson, Bates, Beyer, Brown, Carter, Deckert, legislative business, 1 – Schrader. Bill passed. Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, HB 2144 A-Eng. -- Read third time. Carried by Nelson, Prozanski, Ringo, Shields, Starr, B., Starr, C., Burdick. On passage of bill the vote was: Ayes, 28; Verger, Walker, Westlund, Whitsett, Winters; excused, 1 – Walker; attending legislative business, 1 attending legislative business -- Burdick, Schrader. – Schrader. Bill passed. (Carter in Chair) Colors were posted and the Senate pledged allegiance to the flag. Invocation by Reverend HB 2210 B-Eng. -- Read third time. Carried by Patricia Evans, First Christian Church, Albany. Brown. On passage of bill the vote was: Ayes, 29; excused, 1 – Walker. Bill passed. Committee Report Summary No. 110 listing the following reports was distributed to members today. HB 2224 B-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Prozanski. On passage of bill the vote was: Ayes, 28; by order of the President. nays, 1 – Schrader; excused, 1 – Walker. Bill passed. SB 738 -- Report by Special Committee on HB 2404 B-Eng. -- Read third time. Carried by Budget recommending passage of the A-Engrossed Ringo. On passage of bill the vote was: Ayes, 29; bill. excused, 1 – Walker. Bill passed. SB 1080 -- Report by Committee on Rules HB 2614 -- Read third time. Carried by Brown. recommending passage. Taken from today’s third reading calendar and placed on June 29 calendar by unanimous consent on HB 2754 -- Report by Committee on Rules motion of Brown. recommending passage with amendments to the A- Engrossed bill. HB 2772 B-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 29; SB 118 B-Eng. -- Prozanski moved that the excused, 1 – Walker. Bill passed. Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 25; HB 3352 -- Read third time. Carried by Ringo. absent, 2 – Bates, Ringo; attending legislative Taken from today’s third reading calendar and business, 3 – Burdick, Schrader, Shields. Bill placed on June 29 calendar by unanimous consent on repassed. Westlund, absent when roll called, granted motion of Ringo. unanimous consent to vote aye. HB 5162 A-Eng. -- Read third time. Carried by Senate recessed until 9:45 a.m. by unanimous Schrader. On passage of bill the vote was: Ayes, 29; consent on motion of Brown. excused, 1 – Walker. Bill passed. Senate reconvened at 9:45 a.m. President Pro The following measures were referred to Tempore Carter in Chair. All present except committee on June 27 and recorded on Committee Schrader, attending legislative business; Walker, Referral List No. 49 which was distributed to excused. members. Referral list recorded in the Journal and Status Report by order of the President. Senate, having recessed under the order of Propositions and Motions, resumed under the general SCR 11 Rules order of business by unanimous consent at the SB 1085 Rules; Budget request of the Chair. SB 1089 Rules SB 1090 Budget SB 693 A-Eng. -- Shields moved that the Senate concur in House amendments and repass bill. On HB 5083 Budget concurrence and repassage the vote was: Ayes, 28; HB 5146 Budget excused, 1 – Walker; attending legislative business, 1 HB 5157 Budget – Schrader. Bill repassed. Morrisette, absent when HB 2120 Budget roll called, granted unanimous consent to vote aye. HB 2159 Budget

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HB 2247 Rules HB 2458 -- Message from the House HB 2588 Rules; Budget announcing adoption of conference committee report HB 2717 Budget and repassage. HB 3168 Rules SB 323 -- Message from the House announcing HB 3230 Budget Brown, Esquivel, Holvey appointed House conferees. HB 3260 Rules SB 5551, 5556, 5557, 5558, 5559, 5561, 5563, Appraiser Certification and Licensure Board (ORS 5591, 5592, 5596, 5597, 5598, 5599; 52, 61, 63, 229, 674.305) 231, 258, 284, 460, 585, 847, 1026 -- Message from the House announcing the Speaker signed on June Sara Fraser Rules 28. Trustees of the State Library (ORS 357.010) Committee Report Summary No. 111 listing the Sue Burkholder Rules following reports was distributed to members June Yvonne Williams (r) Rules 28. Summary list recorded in Journal and Status Report by order of the President. Oregon State Lottery Commission (ORS 461.100) SB 5547 -- Report by Special Committee on Pamela Fogg Rules Budget recommending passage with amendments. Kerry Tymchuk (r) Rules SB 5593 -- Report by Special Committee on Board of Commissioners of the Port of Portland (ORS Budget recommending passage with amendments. 778.215) SB 5594 -- Report by Special Committee on Steve Corey (r) Rules Budget recommending passage with amendments. Junki Yoshida (r) Rules SB 5603 -- Report by Special Committee on Judith Johansen (r) Rules Budget recommending passage with amendments. Sustainability Board (Ch 918 S 2 OR Laws 2001) SB 5605 -- Report by Special Committee on Budget recommending passage with amendments. Trey Senn Rules Sara Vickerman (r) Rules SB 5607 -- Report by Special Committee on Budget recommending passage with amendments. Tri-Met Board (ORS 267.090) SB 5608 -- Report by Special Committee on George Richardson (r) Rules Budget recommending passage with amendments. Tiffany Sweitzer (r) Rules SB 5609 -- Report by Special Committee on HB 3310 -- Beyer, Burdick, Ringo appointed Budget recommending passage with amendments. Senate conferees. SB 5613 -- Report by Special Committee on SB 20, 23, 57, 230, 236, 240, 273, 287, 368, 386, Budget recommending passage with amendments. 573, 618, 641, 691, 692, 880, 881, 973, 996; HB 2142, SB 704 -- Report by Special Committee on 2200, 2268, 2297, 2303, 2361, 3363 -- President Budget recommending passage with amendments to Courtney signed on June 28. the A-Engrossed bill. Senate adjourned until 9:00 a.m. Wednesday by SB 838 -- Report by Special Committee on unanimous consent at the request of the Chair. Budget recommending passage with amendments.

Wednesday, June 29, 2005 -- Morning Session SB 1041 -- Report by Committee on Judiciary without recommendation as to passage and Senate convened at 9:00 a.m. President Courtney requesting referral to Committee on Rules. Referred in Chair. The following members were present: to Committee on Rules by order of the President. Atkinson, Bates, Beyer, Brown, Burdick, Carter, SB 1053 -- Report by Special Committee on Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Budget recommending passage with amendments. Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, SB 1071 -- Report by Special Committee on Starr, B., Starr, C., Verger, Walker, Westlund, Budget recommending passage with amendments. Whitsett; excused -- Winters. Colors were posted HB 5125 -- Report by Special Committee on and the Senate pledged allegiance to the flag. Budget recommending passage with amendments to Invocation by Dr. David Wilson, President of the A-Engrossed bill. Northwest Christian College, Eugene. HB 2089 -- Report by Committee on Rules SB 5551, 5556, 5557, 5558, 5559, 5561, 5563, without recommendation as to passage and 5591, 5592, 5596, 5597, 5598, 5599; 13, 21, 22, 24, 25, requesting referral to Committee on Revenue. 36, 56, 68, 109, 114, 115, 122, 130, 167, 224, 293, 327, Referred to Committee on Revenue by order of the 328, 353, 490, 512, 623, 688, 938, 947 -- Message President. from the Governor announcing he signed on June 28. HB 5625; 3481 -- Message from the House announcing passage. SENATE JOURNAL SJ-191

HB 2234 -- Report by Committee on Rules HB 3350 -- Report by Committee on Revenue without recommendation as to passage. Referred to recommending passage of the B-Engrossed bill. Committee on Revenue by prior reference. HB 3358 -- Report by Committee on Revenue HB 2322 -- Report by Committee on Judiciary recommending passage. recommending passage with amendments to the A- Engrossed bill. Senate recessed until 9:50 a.m. by unanimous consent on motion of Brown. HB 2514 -- Report by Committee on Rules without recommendation as to passage. Referred to Senate reconvened at 9:50 a.m. President Committee on Revenue by prior reference. Courtney in Chair. All present except Winters, excused. HB 2945 -- Report by Committee on Revenue recommending passage with amendments to the A- Senate, having recessed under the order of Engrossed bill. Propositions and Motions, resumed under the general order of business by unanimous consent at the HB 3143 -- Report by Committee on Rules request of the Chair. without recommendation as to passage. Referred to Committee on Revenue by prior reference. HB 2458 -- Brown moved that the Senate refuse to adopt the Conference Committee Report. Committee Report Summary No. 112 listing the following reports was distributed to members today. Senate at ease. Senate reassembled. Summary list recorded in Journal and Status Report HB 2458 B-Eng. -- Debate resumed. Senate by order of the President. refused to adopt Conference Committee Report. The SB 300 -- Report by Special Committee on vote was: Ayes, 19; nays, 10 – Atkinson, Beyer, Budget recommending passage of the A-Engrossed Ferrioli, George, Kruse, Morse, Nelson, Starr, B., bill. Starr, C., Whitsett; excused, 1 – Winters. Motion carried. SB 499 -- Report by Committee on Rules recommending passage with amendments. HB 3352 -- Taken from today’s third reading calendar and placed on June 30 calendar by voice vote SB 636 -- Report by Special Committee on on motion of Brown. Budget recommending passage of the A-Engrossed bill. SB 5547, 5593, 5594, 5603, 5605, 5607, 5608, 5609, 5613; 300, 636, 639, 704, 838, 1048, 1053, 1067, SB 639 -- Report by Special Committee on 1071 -- Read second time and passed to third Budget recommending passage of the A-Engrossed reading. bill. SB 738 A-Eng. -- Read third time. Carried by SB 1048 -- Report by Special Committee on Devlin. Call of the Senate demanded by Brown joined Budget recommending passage of the A-Engrossed by Devlin and Ringo. All present except Westlund, bill. absent; Winters, excused. Pending arrival of members subject to the Call, Senate at ease. All present except SB 1067 -- Report by Committee on Rules Winters, excused. Senate reassembled. On passage of recommending passage. bill the vote was: Ayes, 21; nays, 8 – Beyer, Ferrioli, HCR 13 -- Report by Committee on Rules George, Johnson, Kruse, Nelson, Verger, Whitsett; recommending adoption. excused, 1 – Winters. Bill passed. HCR 17 -- Report by Committee on Rules SB 1080 -- Read third time. Carried by Ringo. recommending adoption. On passage of bill the vote was: Ayes, 20; nays, 8 – Atkinson, Beyer, George, Johnson, Kruse, Nelson, HJM 7 -- Report by Committee on Rules Schrader, Westlund; excused, 1 – Winters; attending recommending adoption. legislative business, 1 – Starr, B. Bill passed. HJR 25 -- Report by Committee on Rules HB 3481 -- Read first time and referred to recommending adoption. President’s desk. HB 5084 -- Report by Special Committee on HCR 13, 17; HJM 7; HJR 25; HB 5084, 5125, Budget recommending passage of the A-Engrossed 5138, 5141; 2191, 2322, 2754, 2945, 3350, 3358 -- bill. Read second time and passed to third reading. HB 5138 -- Report by Special Committee on HB 2299 A-Eng. -- Read third time. Carried by Budget recommending passage of the A-Engrossed Walker. On passage of bill the vote was: Ayes, 28; bill. excused, 1 – Winters; attending legislative business, 1 HB 5141 -- Report by Special Committee on – Gordly. Bill passed. Budget recommending passage of the A-Engrossed HB 2312 B-Eng. -- Read third time. Carried by bill. Burdick. On passage of bill the vote was: Ayes, 25; HB 2191 -- Report by Committee on Revenue nays, 2 – Beyer, Kruse; absent, 1 – Westlund; recommending passage of the B-Engrossed bill. excused, 1 – Winters; attending legislative business, 1 – Gordly. Bill passed.

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HB 2614 A-Eng. -- Read third time. Carried by SB 671 -- Report by Committee on Rules Brown. Call of the Senate demanded by Brown joined recommending passage with amendments. by Johnson and Devlin. All present except Burdick, absent; Winters, excused. Pending arrival of members SB 1051 -- Report by Committee on Rules subject to the Call, Senate at ease. All present except recommending passage with amendments. Referred Winters, excused. Senate reassembled. On passage of to Committee on Ways and Means by prior reference. bill the vote was: Ayes, 17; nays, 12 – Atkinson, HB 2104 -- Report by Committee on Rules Beyer, Ferrioli, Gordly, Kruse, Metsger, Nelson, recommending passage with amendments to the A- Schrader, Starr, B., Starr, C., Westlund, Whitsett; Engrossed bill. excused, 1 – Winters. Bill passed. HB 2117 -- Report by Committee on Business HB 3419 B-Eng. -- Read third time. Carried by and Economic Development recommending passage Ringo. On passage of bill the vote was: Ayes, 29; with amendments to the A-Engrossed bill. excused, 1 – Winters. Bill passed. HB 2776 -- Report by Committee on Revenue SB 55, 262, 528, 914, 919 -- President Courtney recommending passage with amendments to the A- signed on June 28. Engrossed bill. SB 5625; 1012; HB 5086, 5095, 5098, 5099, 5100, HB 2933 -- Report by Committee on Revenue 5101, 5105, 5106, 5107, 5110, 5117, 5123 -- recommending passage with amendments to the B- President Courtney signed on June 29. Engrossed bill. Senate adjourned until 9:00 a.m. Thursday by HB 3092 -- Report by Rules recommending unanimous consent at the request of the Chair. passage with amendments to the A-Engrossed bill to resolve conflicts. Thursday, June 30, 2005 -- Morning Session HB 3174 -- Report by Committee on Rules recommending passage with amendments to the A- Senate convened at 9:00 a.m. President Courtney Engrossed bill. in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, HB 3179 -- Report by Committee on Rules Deckert, Devlin, Ferrioli, George, Gordly, Johnson, recommending passage with amendments. Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, HB 3443 -- Report by Committee on Rules Starr, B., Starr, C., Verger, Walker, Westlund, recommending passage with amendments to the A- Whitsett; excused -- Winters. Colors were posted Engrossed bill. and the Senate pledged allegiance to the flag. HB 3479 -- Report by Committee on Rules Invocation by Reverend Karen Crooch, Morningside recommending passage with amendments. United Methodist Church, Salem. Committee Report Summary No. 114 listing the SB 5625; 15, 33, 35, 39, 120, 121, 135, 151, 221, following reports was distributed to members today. 225, 268, 270, 272, 275, 277, 316, 324, 332, 346, 355, Summary list recorded in Journal and Status Report 370, 371, 404, 443, 477, 599, 605, 643, 670, 694, 697, by order of the President. 755, 848, 921, 936, 940, 970, 997, 1006 -- Message from the Governor announcing he signed on June 29. SB 1039 -- Report by Conference Committee, signed by Senators Walker, Kruse, Ringo and HB 2052, 2056, 2103, 2238, 2450 -- Message Representatives Dallum, Flores, Roblan, from the House announcing passage. recommending that the Senate concur in House HB 2221, 2230, 2282, 2359, 2811, 3127 -- amendments dated June 6 and that the A-engrossed Message from the House announcing concurrence in bill be further amended and repassed. Senate amendments and repassage. SJR 9 -- Report by Committee on Rules HB 2306, 3458 -- Message from the House recommending adoption. announcing refusal to concur in Senate amendments. SB 1011 -- Report by Committee on Rules Conferees to be announced. recommending passage of the A-Engrossed bill. SB 5625; 20, 23, 55, 57, 230, 236, 240, 262, 273, HB 2480 -- Report by Committee on Rules 287, 368, 383, 386, 528, 573, 618, 641, 691, 692, 880, recommending passage. 881, 914, 919, 973, 996, 1045; HB 5086, 5095, 5098, 5099, 5100, 5101, 5105, 5106, 5107, 5110, 5117, 5123; HB 2507 -- Report by Committee on Rules 2141, 2156, 2227, 2323, 2498, 2667, 2730, 2742, 2951, recommending passage of the A-Engrossed bill. 3415 -- Message from the House announcing the HB 2706 -- Report by Committee on Rules Speaker signed on June 29. recommending passage. Committee Report Summary No. 113 listing the HB 2833 -- Report by Committee on Rules following reports was distributed to members June recommending passage of the A-Engrossed bill. 29. Summary list recorded in Journal and Status Report by order of the President. HB 3075 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. SB 660 -- Report by Committee on Rules recommending passage with amendments. SENATE JOURNAL SJ-193

Senate recessed until 9:55 a.m. by unanimous present except Winters, excused. Senate reassembled. consent on motion of Brown. (Carter in Chair) On passage of bill the vote was: Ayes, 22; nays, 7 – Atkinson, Beyer, George, Kruse, Starr, B., Verger, Senate reconvened at 9:55 a.m. President Pro Whitsett; excused, 1 – Winters. Bill passed. Tempore Carter in Chair. All present except Winters, excused. SB 5609 A-Eng. -- Read third time. Carried by Johnson. On passage of bill the vote was: Ayes, 27; Senate, having recessed under the order of nays, 1 – Atkinson; excused, 1 – Winters; attending Propositions and Motions, resumed under the general legislative business, 1 – Ringo. Bill passed. order of business by unanimous consent at the request of the Chair. SB 5613 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 21; SB 913 B-Eng. -- Burdick moved that the nays, 6 – Atkinson, Beyer, Ferrioli, George, Kruse, Senate concur in House amendments and repass bill. Starr, B.; excused, 1 – Winters; attending legislative On concurrence and repassage the vote was: Ayes, 28; business, 2 – Brown, Ringo. Bill passed. absent, 1 – Morrisette; excused, 1 – Winters. Bill repassed. SB 300 A-Eng. -- Read third time. Carried by Gordly. Call of the Senate demanded by Kruse joined SJR 9; SB 499, 660, 671, 1011 -- Read second by George and Morse. All present except Brown, time and passed to third reading. Burdick, Starr, B., attending legislative business; SB 5547 A-Eng. -- Read third time. Carried by Winters, excused. Pending arrival of members subject Johnson. On passage of bill the vote was: Ayes, 24; to the Call, Senate at ease. All present except nays, 5 – Atkinson, Beyer, Ferrioli, George, Kruse; Winters, excused. Senate reassembled. On passage of excused, 1 – Winters. Bill passed. bill the vote was: Ayes, 29; excused, 1 – Winters. Bill passed. SB 5593 A-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 24; SB 636 A-Eng. -- Read third time. Carried by nays, 5 – Atkinson, Beyer, George, Kruse, Starr, B.; Westlund. On passage of bill the vote was: Ayes, 27; excused, 1 – Winters. Bill passed. excused, 1 – Winters; attending legislative business, 2 – Metsger, Starr, B. Bill passed. SB 5594 A-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 23; SB 639 A-Eng. -- Read third time. Carried by nays, 6 – Atkinson, Beyer, George, Kruse, Starr, B., Deckert, Devlin. (President Courtney in Chair) Call of Verger; excused, 1 – Winters. Bill passed. the Senate demanded by Deckert joined by Brown and Devlin. All present except Westlund, absent; SB 5603 A-Eng. -- Read third time. Carried by Winters, excused. Pending arrival of member subject Devlin. Call of the Senate demanded by Devlin joined to the Call, Senate at ease. All present except by Brown and Bates. All present except Winters, Winters, excused. Senate reassembled. On passage of excused. On passage of bill the vote was: Ayes, 18; bill the vote was: Ayes, 18; nays, 11 – Atkinson, nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, Morse, Nelson, Starr, B., Starr, C., Westlund, B., Starr, C., Westlund, Whitsett; excused, 1 – Whitsett; excused, 1 – Winters. Bill passed. Winters. Bill passed. SB 5605 A-Eng. -- Read third time. Carried by SB 704 B-Eng. -- Read third time. Carried by Gordly. Call of the Senate demanded by Devlin joined Carter. On passage of bill the vote was: Ayes, 29; by Walker and Shields. All present except Winters, excused, 1 – Winters. Bill passed. excused. On passage of bill the vote was: Ayes, 19; nays, 10 – Atkinson, Beyer, Ferrioli, George, Kruse, SB 838 A-Eng. -- Read third time. Carried by Morse, Nelson, Starr, B., Starr, C., Whitsett; excused, Morse, Deckert. On passage of bill the vote was: 1 – Winters. Bill passed. Ayes, 29; excused, 1 – Winters. Bill passed. SB 5607 A-Eng. -- Read third time. Carried by Senate recessed until 3:30 p.m. by unanimous Bates. Call of the Senate demanded by Brown joined consent at the request of the Chair. by Bates and Devlin. All present except Burdick, attending legislative business; Winters, excused. Thursday, June 30, 2005 -- Afternoon Session Pending arrival of member subject to the Call, Senate at ease. All present except Winters, excused. Senate reconvened at 3:30 p.m. President Senate at ease. Senate reassembled. Courtney in Chair. All present except Deckert, Winters, excused. (Carter in Chair) SB 5607 A-Eng. -- Debate resumed. On passage of bill the vote was: Ayes, 18; nays, 11 – Atkinson, SB 81 -- Message from the House announcing Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, Brown, Garrard, Schaufler appointed House B., Starr, C., Westlund, Whitsett; excused, 1 – conferees. Winters. Bill passed. HB 2312 -- Message from the House SB 5608 A-Eng. -- Read third time. Carried by announcing Barker, Krieger, Olson appointed House Bates. Call of the Senate demanded by Brown joined conferees. by Monnes Anderson and Bates. All present except HB 2458 -- Message from the House Nelson, absent; Winters, excused. Pending arrival of announcing Ackerman, Garrard, Jenson appointed member subject to the Call, Senate at ease. All House No. 2 conferees.

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Senate, having recessed under the order of Kruse, absent when roll called, granted unanimous Third Reading of Senate Measures, reverted to the consent to vote aye. order of Reports from Standing Committees by unanimous consent at the request of the Chair. HJM 7 -- Read final time. Carried by George. On adoption of memorial, the vote was: Ayes, 24; Committee Report Summary No. 115 listing the nays, 1 – Schrader; excused, 3 – Deckert, Westlund, following reports was distributed to members today. Winters; attending legislative business, 2 – Metsger, Summary list recorded in Journal and Status Report Walker. Memorial adopted. Kruse, absent when roll by order of the President. called, granted unanimous consent to vote aye. SB 1083 -- Report by Committee on Rules HJR 25 -- Read final time. Carried by Ringo. recommending passage. Referred to Committee on On adoption of resolution, the vote was: Ayes, 24; Revenue by prior reference. nays, 1 – Beyer; excused, 3 – Deckert, Westlund, Winters; attending legislative business, 2 – Metsger, HB 2233 -- Report by Rules Committee Walker. Resolution adopted. recommending passage with amendments to the A- Engrossed bill to resolve conflicts. HB 5084 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 25; HB 3329 -- Report by Committee on Rules excused, 3 – Deckert, Westlund, Winters; attending recommending passage with amendments to the A- legislative business, 2 – Metsger, Walker. Bill Engrossed bill. passed. Senate proceeded to the order of Third Reading HB 5125 B-Eng. -- Read third time. Carried by of Senate Measures by unanimous consent at the Devlin. On passage of bill the vote was: Ayes, 26; request of the Chair. excused, 3 – Deckert, Westlund, Winters; attending SB 1048 A-Eng. -- Bill read. Carried by legislative business, 1 – Walker. Bill passed. Westlund. On passage of bill the vote was: Ayes, 23; HB 5138 A-Eng. -- Read third time. Carried by nays, 4 ─ Beyer, Ferrioli, Kruse, Nelson; excused, 2─ Johnson. On passage of bill the vote was: Ayes, 26; Deckert, Winters; attending legislative business, 1─ excused, 3 – Deckert, Westlund, Winters; attending Ringo. Bill passed. legislative business, 1 – Walker. Bill passed. SB 1053 A-Eng. -- Read third time. Carried by HB 5141 A-Eng. -- Read third time. Carried by Courtney. Call of the Senate demanded by Brown Bates. On passage of bill the vote was: Ayes, 19; joined by Kruse and Devlin. All present except nays, 7 – Atkinson, Beyer, George, Kruse, Starr, B., Metsger, Prozanski, Starr, B., attending legislative Verger, Whitsett; excused, 3 – Deckert, Westlund, business; Deckert, Winters, excused. Pending arrival Winters; attending legislative business, 1 – Walker. of members subject to the Call, Senate at ease. All Bill passed. present except Deckert, Winters, excused. Senate reassembled. On passage of the bill the vote was: HB 2191 B-Eng. -- Read third time. Carried by Ayes, 19; nays, 9-- Atkinson, Beyer, Ferrioli, George, Metsger. On passage of bill the vote was: Ayes, 23; Kruse, Morse, Nelson, Star, B., Starr, C.; excused, 2 ─ nays, 3 – Beyer, Ferrioli, Kruse; excused, 3 – Deckert, Deckert, Winters. Bill passed. Westlund, Winters; attending legislative business, 1 – Walker. Bill passed. SB 1067 -- Taken from today’s third reading calendar and placed on July 1 calendar by voice vote HB 2322 B-Eng. -- Read third time. Carried by on motion of Brown. Prozanski. On passage of bill the vote was: Ayes, 23; nays, 2 – Ringo, Shields; excused, 3 – Deckert, SB 1071 A-Eng. -- Read third time. Carried by Westlund, Winters; attending legislative business, 2 – Devlin. Call of the Senate demanded by Devlin joined Metsger, Walker. Bill passed. by Brown and Verger. All present except Deckert, Winters, excused. On passage of bill the vote was: HB 2754 B-Eng. -- Read third time. Carried by Ayes, 21; nays, 7 – Atkinson, Beyer, George, Kruse, Whitsett. On passage of bill the vote was: Ayes, 25; Starr, B., Starr, C., Whitsett; excused, 2 – Deckert, excused, 3 – Deckert, Westlund, Winters; attending Winters. Bill passed. legislative business, 2 – Metsger, Walker. Bill passed. HB 2052, 2056, 2103, 2238, 2450 -- Read first time and referred to President’s desk. HB 2945 B-Eng. -- Read third time. Carried by George. On passage of bill the vote was: Ayes, 25; HB 2104, 2117, 2480, 2507, 2706, 2776, 2833, excused, 3 – Deckert, Westlund, Winters; attending 2933, 3075, 3092, 3174, 3179, 3443, 3479 -- Read legislative business, 2 – Metsger, Walker. Bill second time and passed to third reading. passed. HCR 13 -- Read final time. Carried by George. HB 3350 -- Read third time. Taken from On adoption of resolution, the vote was: Ayes, 24; today’s third reading calendar and placed on July 1 nays, 1 – Schrader; excused, 2 – Deckert, Winters; calendar by unanimous consent at the request of the attending legislative business, 3 – Metsger, Ringo, Chair. Walker. Resolution adopted. HB 3352 -- Moved to the foot of today's third HCR 17 -- Read final time. Carried by Brown. reading calendar by unanimous consent at the On adoption of resolution, the vote was: Ayes, 26; request of the Chair. excused, 2 – Deckert, Winters; attending legislative business, 2 – Metsger, Walker. Resolution adopted. SENATE JOURNAL SJ-195

HB 3358 -- Read third time. Carried by Starr, SB 5612 -- Report by Special Committee on C. On passage of bill the vote was: Ayes, 25; excused, Budget recommending passage with amendments. 3 – Deckert, Westlund, Winters; attending legislative business, 2 – Metsger, Walker. Bill passed. SB 5614 -- Report by Special Committee on Budget recommending passage with amendments. HB 3352 -- Taken from today’s third reading calendar and placed on July 1 calendar by unanimous SB 5620 -- Report by Special Committee on consent on motion of Ringo. Budget recommending passage with amendments. HB 2312 -- Burdick, Gordly, Whitsett appointed SB 5622 -- Report by Special Committee on Senate conferees. Budget recommending passage with amendments. HB 2458 -- Nelson, Ringo, Shields appointed HB 2588 -- Report by Committee on Rules Senate conferees #2. without recommendation as to passage. Referred to Special Committee on Budget by prior reference. HB 2141, 2156, 2227, 2323, 2498, 2667, 2730, 2742, 2951, 3415 -- President Courtney signed on Committee Report Summary No. 117 listing the June 30. following reports was distributed to members today. Summary list recorded in Journal and Status Report Senate adjourned until 10:00 a.m. Friday by by order of the President. unanimous consent at the request of the Chair. SJM 8 -- Report by Committee on Rules recommending adoption. Friday, July 1, 2005 -- Morning Session SB 173 -- Report by Special Committee on Senate convened at 10:00 a.m. President Pro Budget recommending passage. Tempore Carter in Chair. The following members SB 765 -- Report by Special Committee on were present: Atkinson, Bates, Beyer, Brown, Budget recommending passage of the A-Engrossed Burdick, President Courtney, Deckert, Devlin, bill. Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, SB 1084 -- Report by Special Committee on Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, Budget recommending passage. C., Verger, Walker, Westlund, Whitsett; excused -- Winters. Colors were posted and the Senate pledged HCR 9 -- Report by Committee on Rules allegiance to the flag. Invocation by Connie Hayes of recommending adoption of the A-Engrossed the Pacific Gospel Music Association, Salem. resolution. SB 5534, 5535; 199, 577, 786, 978; HB 5081, HJM 13 -- Report by Committee on Rules 5082, 5137, 5142, 5143, 5153, 5156, 5158, 5159, 5161; recommending adoption of the A-Engrossed 2107, 2122, 2130, 2265, 2327, 2539, 2561, 2693, 2930, memorial. 3021, 3124, 3238, 3491, 3492, 3495 -- Message from HJM 15 -- Report by Committee on Rules the House announcing passage. recommending adoption. SCR 9 -- Message from the House announcing HJM 16 -- Report by Committee on Rules adoption. recommending adoption. SB 62, 128, 181, 243, 392, 781, 782, 863, 965 -- HJM 18 -- Report by Committee on Rules Message from the House announcing passage as recommending adoption of the A-Engrossed amended by the House. memorial. HB 2077, 2144, 2210, 2224, 2299, 2404, 2614, HJM 25 -- Report by Committee on Rules 2772, 3419 -- Message from the House announcing recommending adoption of the A-Engrossed concurrence in Senate amendments and repassage. memorial. HB 2312 -- Message from the House HB 5109 -- Report by Special Committee on announcing refusal to concur in Senate amendments. Budget recommending passage of the A-Engrossed House conferees to be appointed. bill. SB 887 -- Message from the House announcing HB 2089 -- Report by Committee on Revenue Ackerman, Garrard, Smith, P. appointed House recommending passage. conferees. HB 2136 -- Report by Committee on Rules HB 3458 -- Message from the House recommending passage of the A-Engrossed bill. announcing Kitts, Smith, G., Wirth appointed House conferees. HB 2167 -- Report by Committee on Rules recommending passage of the B-Engrossed bill. Committee Report Summary No. 116 listing the following reports was distributed to members June HB 2681 -- Report by Committee on Rules 30. Summary list recorded in Journal and Status recommending passage of the A-Engrossed bill. Report by order of the President. HB 2862 -- Report by Committee on Rules SB 5544 -- Report by Special Committee on recommending passage of the A-Engrossed bill. Budget recommending passage with amendments.

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HB 2878 -- Report by Committee on Rules Friday, July 1, 2005 -- Afternoon Session recommending passage. SB 1039 A-Eng.* -- Conference Committee Senate reconvened at 3:00 p.m. President report adopted and bill repassed on motion of Walker. Courtney in Chair. All present except Atkinson, The vote was: Ayes, 29; excused, 1 – Winters. Bill Brown, Burdick, Deckert, Ferrioli, Kruse, Monnes repassed. Anderson, Morrisette, Prozanski, Ringo, Shields, Walker, absent; Bates, Carter, Devlin, Gordly, SB 1091 -- Introduced, read first time and Johnson, Morse, Schrader, Westlund, attending referred to President’s desk. legislative business; Nelson, Winters, excused. SJM 8; SB 5544, 5612, 5614, 5620, 5622; 173, Call of the Senate demanded by Beyer joined by 765, 1084 -- Read second time and passed to third Starr, B. and George. All present except Atkinson, reading. Brown, Burdick, Deckert, Ferrioli, Kruse, Monnes Anderson, Morrisette, Prozanski, Ringo, Shields, Senate recessed until 10:50 a.m. by unanimous Walker, absent; Bates, Carter, Devlin, Gordly, consent on motion of Brown. Johnson, Morse, Schrader, Westlund, attending Senate reconvened at 10:50 a.m. President Pro legislative business; Nelson, Winters, excused. Tempore Carter in Chair. All present except Winters, Pending arrival of members subject to the Call, excused. Senate at ease. All present except Bates, Carter, Devlin, Gordly, Johnson, Morse, Schrader, Westlund, Senate, having recessed under the order of Third attending legislative business; Nelson, Winters, Reading of Senate Measures, resumed under the excused. Senate reassembled. general order of business by unanimous consent at the request of the Chair. SB 579 -- Message from the Governor announcing he signed on July 1. SJR 9 -- Read final time. Carried by Devlin. Call of the Senate demanded by Brown joined by Senate, having recessed under the order of Third Morse and Verger. All present except Winters, Reading of Senate Measures, reverted to the order of excused. On adoption of resolution, the vote was: Reports from Standing Committees by unanimous Ayes, 25; nays, 4 – Deckert, Kruse, Nelson, Schrader; consent at the request of the Chair. excused, 1 – Winters. Resolution adopted. Westlund Committee Report Summary No. 118 listing the granted unanimous consent to change from nay to following reports was distributed to members today. aye. Summary list recorded in Journal and Status Report SB 1011 -- Moved to the head of today's third by order of the President. reading calendar by unanimous consent at the SB 323 -- Report by Conference Committee request of the Chair. signed by Senators Metsger, Beyer, Walker and SB 1011 A-Eng. -- Read third time. Carried by Representatives Brown, Esquivel, Holvey Ringo. Call of the Senate demanded by Brown joined recommending that the Senate concur in House by Ferrioli and Ringo. All present except Deckert, amendments dated June 8 and that the A-Engrossed Metsger, absent; Winters, excused. Pending arrival of bill be further amended and repassed. members subject to the Call, Senate at ease. All SB 1057 -- Report by Committee on Rules present except Winters, excused. Senate reassembled. recommending passage with amendments to the A- On passage of bill the vote was: Ayes, 16; nays, 13 – Engrossed bill. Atkinson, Bates, Beyer, Ferrioli, George, Johnson, Kruse, Schrader, Starr, B., Starr, C., Verger, HB 2113 -- Report by Committee on Rules Westlund, Whitsett; excused, 1 – Winters. Bill recommending passage with amendments to the A- passed. Engrossed bill. SB 499 A-Eng. -- Read third time. Carried by HB 2247 -- Report by Committee on Rules Brown. On passage of bill the vote was: Ayes, 23; recommending passage with amendments to the A- nays, 5 – Atkinson, Beyer, Kruse, Starr, C., Whitsett; Engrossed bill. excused, 2 – Nelson, Winters. Bill passed. HB 2340 -- Report by Committee on Rules SB 660 A-Eng. -- Read third time. Carried by recommending passage with amendments. Shields. On passage of bill the vote was: Ayes, 27; nays, 1 – Schrader; excused, 2 – Nelson, Winters. Bill HB 3044 -- Report by Committee on Rules passed. recommending passage with amendments. HB 5081, 5082, 5137, 5142, 5143, 5153, 5156, HB 3145 -- Report by Committee on Rules 5158, 5159, 5161; 2107, 2122, 2130, 2265, 2327, 2539, recommending passage with amendments to the A- 2561, 2693, 2930, 3021, 3124, 3238, 3491, 3492, 3495 Engrossed bill. -- Read first time and referred to President’s desk. HB 3374 -- Report by Committee on Rules Senate recessed until 3:00 p.m. by unanimous recommending passage with amendments to the A- consent at the request of the Chair. Engrossed bill. Senate resumed under the order of Third Reading of Senate Measures by unanimous consent at the request of the Chair. SENATE JOURNAL SJ-197

SB 671 A-Eng. -- Read third time. Carried by called, granted unanimous consent to be recorded as Starr, B. Call of the Senate demanded by Starr, B. voting aye. joined by Beyer and Brown. All present except Bates, Carter, Devlin, Gordly, Johnson, Morse, Schrader, SB 5544 -- Moved to the foot of today's third Westlund, attending legislative business; Nelson, reading calendar by unanimous consent at the Winters, excused. Pending arrival of members subject request of the Chair. to the Call, Senate at ease. Further proceedings Senate at ease. Senate reassembled. under the Call terminated by unanimous consent at the request of the Chair. All present except Schrader, Senate proceeded to the order of Third Reading attending legislative business; Nelson, Winters, of House Measures by unanimous consent at the excused. Senate reassembled. On passage of bill the request of the Chair. vote was: Ayes, 19; nays, 9 – Atkinson, Burdick, HCR 9 A-Eng. -- Under rules suspension, read Deckert, Gordly, Johnson, Monnes Anderson, Shields, final time. Carried by Ferrioli. On adoption of Verger, Westlund; excused, 2 – Nelson, Winters. Bill resolution, the vote was: Ayes, 28; excused, 2 – passed. Nelson, Winters. Resolution adopted. Bates, Carter, SB 1067 -- Read third time. Carried by Devlin, Gordly, Johnson, Morse, Schrader, Westlund, Johnson. On passage of bill the vote was: Ayes, 28; attending legislative business when roll called excused, 2 – Nelson, Winters. Bill passed. unanimous consent to be recorded as voting aye. HCR 9; HJM 13, 15, 16, 18, 25; HB 5109; 2089, HJM 13 A-Eng. -- Under rules suspension, read 2136, 2167, 2233, 2681, 2862, 2878, 3329 -- Read final time. Carried by Brown. On adoption of second time and passed to third reading. memorial, the vote was: Ayes, 28; excused, 2 – Nelson, Winters. Memorial adopted. Bates, Carter, Devlin, HB 2104 B-Eng. -- Read third time. Carried by Gordly, Johnson, Morse, Schrader, Westlund, Ringo. On passage of bill the vote was: Ayes, 18; attending legislative business when roll called, nays, 2 – Beyer, Kruse; excused, 2 – Nelson, Winters; granted unanimous consent to vote aye. attending legislative business, 8 – Bates, Carter, Devlin, Gordly, Johnson, Morse, Schrader, Westlund. HJM 15 -- Under rules suspension, read final Bill passed. time. Carried by Ringo. On adoption of memorial, the vote was: Ayes, 28; excused, 2 – Nelson, Winters. HB 2117 B-Eng. -- Read third time. Carried by Memorial adopted. Bates, Carter, Devlin, Gordly, Starr, B. On passage of bill the vote was: Ayes, 18; Johnson, Morse, Schrader, Westlund, attending nays, 2 – Beyer, Kruse; excused, 2 – Nelson, Winters; legislative business when roll called, granted attending legislative business, 8 – Bates, Carter, unanimous consent to vote aye. Devlin, Gordly, Johnson, Morse, Schrader, Westlund. Bill passed. HJM 16 -- Under rules suspension, read final time. Carried by Atkinson. On adoption of memorial, HB 2480 -- Moved to the foot of today's third the vote was: Ayes, 28; excused, 2 – Nelson, Winters. reading calendar by unanimous consent on motion of Memorial adopted. Bates, Carter, Gordly, attending Brown. legislative business when roll called, granted HB 2507 A-Eng. -- Read third time. Carried by unanimous consent to vote aye. Ringo. Call of the Senate demanded by Brown joined HJM 18 A-Eng. -- Under rules suspension, read by Ringo and George. All present except Bates, final time. Carried by Shields. On adoption of Carter, Devlin, Gordly, Johnson, Morse, Schrader, memorial, the vote was: Ayes, 26; excused, 2 – Nelson, Westlund, attending legislative business; Nelson, Winters; attending legislative business w, 2 – Carter, Winters, excused. Pending arrival of members subject Gordly. Memorial adopted. to the Call, Senate at ease. All present except Nelson, Winters, excused. Senate reassembled. On passage of HJM 25 A-Eng. -- Under rules suspension, read bill the vote was: Ayes, 20; nays, 8 – Beyer, Deckert, final time. Carried by Ferrioli. On adoption of Ferrioli, George, Kruse, Schrader, Westlund, memorial, the vote was: Ayes, 28; excused, 2 – Nelson, Whitsett; excused, 2 – Nelson, Winters. Bill passed. Winters. Memorial adopted. Senate reverted to the order of Propositions and Senate reverted to the order of Third Reading of Motions by unanimous consent at the request of the House Measures by unanimous consent at the request Chair. of the Chair. SJM 8; SB 5544, 5612, 5614, 5620, 5622; 173, HB 2706 -- Read third time. Carried by 765, 1084; HCR 9; HJM 13, 15, 16, 18, 25; HB 5109; Monnes Anderson. On passage of bill the vote was: 2136, 2167, 2681, 2862, 2878 -- Rules suspended by Ayes, 28; excused, 2 – Nelson, Winters. Bill passed. unanimous consent in order that the Senate may take HB 2776 B-Eng. -- Read third time. Carried by final action on Supplemental Agenda No. 1 on motion George. On passage of bill the vote was: Ayes, 28; of Brown, Ferrioli. excused, 2 – Nelson, Winters. Bill passed. SJM 8 -- Under rules suspension, read final HB 2833 A-Eng. -- Read third time. Carried by time. Carried by Brown. On adoption of memorial, Westlund. On passage of bill the vote was: Ayes, 28; the vote was: Ayes, 28; excused, 2 – Nelson, Winters. excused, 2 – Nelson, Winters. Bill passed. Memorial adopted. Bates, Devlin, Gordly, Johnson, Morse, attending legislative business when roll was

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HB 2933 C-Eng. -- Read third time. Carried by vote was: Ayes, 27; nays, 1 – George; excused, 2 – Deckert. On passage of bill the vote was: Ayes, 28; Nelson, Winters. Bill passed. excused, 2 – Nelson, Winters. Bill passed. (Carter in Chair) SB 5620 A-Eng. -- Under rules suspension, read third time. Carried by Johnson. Call of the Senate HB 3075 A-Eng. -- Read third time. Carried by demanded by Johnson joined by Brown and Bates. All Brown. On passage of bill the vote was: Ayes, 25; present except Nelson, Winters, excused. On passage nays, 1 – Kruse; excused, 2 – Nelson, Winters; of bill the vote was: Ayes, 21; nays, 7 – Atkinson, attending legislative business, 2 – Schrader, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C.; President Courtney. Bill passed. excused, 2 – Nelson, Winters. Bill passed. HB 3092 -- Read third time. Rereferred to SB 5622 A-Eng. -- Under rules suspension, read Committee on Rules by unanimous consent on motion third time. Carried by Morse. On passage of bill the of Brown. vote was: Ayes, 20; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C.; absent, 1 HB 3174 B-Eng. -- Read third time. Carried by – Deckert; excused, 2 – Nelson, Winters. Bill passed. Morrisette. On passage of bill the vote was: Ayes, 24; nays, 2 – Carter, Gordly; excused, 2 – Nelson, SB 173 -- Under rules suspension, read third Winters; attending legislative business, 2 – Schrader, time. Carried by Morse. On passage of bill the vote President Courtney. Bill passed. Gordly granted was: Ayes, 27; absent, 1 – Deckert; excused, 2 – unaminous consent to change from aye to nay. Nelson, Winters. Bill passed. HB 3179 A-Eng. -- Read third time. Carried by SB 765 A-Eng. -- Under rules suspension, read Brown. On passage of bill the vote was: Ayes, 23; third time. Carried by Walker. On passage of bill the nays, 3 – Beyer, George, Kruse; excused, 2 – Nelson, vote was: Ayes, 24; nays, 3 – Ferrioli, George, Winters; attending legislative business, 2 – Schrader, Whitsett; absent, 1 – Deckert; excused, 2 – Nelson, President Courtney. Bill passed. Winters. Bill passed. Starr, B., absent when roll called, granted unanimous consent to be recorded as HB 3350 -- Bill read. Taken from today’s third voting aye. reading calendar and placed on July 5 calendar by unanimous consent on motion of Brown. SB 1084 -- Under rules suspension, read third time. Carried by Courtney. On passage of bill the HB 3352 -- Bill read. Taken from today’s third vote was: Ayes, 26; nays, 1 – George; absent, 1 – reading calendar and placed on July 5 calendar by Deckert; excused, 2 – Nelson, Winters. Bill passed. unanimous consent on motion of Ringo. Senate reverted to the order of Third Reading of HB 3443 B-Eng. -- Read third time. Carried by House Measures by unanimous consent at the request Shields. On passage of bill the vote was: Ayes, 23; of the Chair. nays, 3 – Beyer, Kruse, Verger; excused, 3 – Atkinson, Nelson, Winters; attending legislative business, 1 – HB 5109 A-Eng. -- Under rules suspension, President Courtney. Bill passed. read third time. Carried by Verger. On passage of bill the vote was: Ayes, 27; absent, 1 – Deckert; HB 3479 A-Eng. -- Read third time. Carried by excused, 2 – Nelson, Winters. Bill passed. Ferrioli. On passage of bill the vote was: Ayes, 26; excused, 3 – Atkinson, Nelson, Winters; attending HB 2136 A-Eng. -- Under rules suspension, legislative business, 1 – President Courtney. Bill read third time. Carried by Ferrioli. On passage of passed. bill the vote was: Ayes, 27; absent, 1 – Deckert; excused, 2 – Nelson, Winters. Bill passed. HB 2480 -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 27; nays, 1 – HB 2167 B-Eng. -- Under rules suspension, Schrader; excused, 2 – Nelson, Winters. Bill passed. read third time. Carried by Brown. Call of the Senate demanded by Brown joined by Devlin and Monnes Senate reverted to the order of Third Reading of Anderson. All present except Deckert, absent; Nelson, Senate Measures by unanimous consent at the Winters, excused. On passage of bill the vote was: request of the Chair. Ayes, 23; nays, 4 – Beyer, Ferrioli, George, Kruse; SB 5544 A-Eng. -- Under rules suspension, read absent, 1 – Deckert; excused, 2 – Nelson, Winters. third time. Carried by Johnson. Call of the Senate Bill passed. (President Courtney in Chair) demanded by Johnson joined by Brown and Starr, C. HB 2681 A-Eng. -- Under rules suspension, All present except Nelson, Winters, excused. On read third time. Carried by Brown. On passage of passage of bill the vote was: Ayes, 20; nays, 8 – bill the vote was: Ayes, 27; absent, 1 – Deckert; Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., excused, 2 – Nelson, Winters. Bill passed. Starr, C., Whitsett; excused, 2 – Nelson, Winters. Bill passed. HB 2862 A-Eng. -- Under rules suspension, read third time. Carried by Ringo. On passage of bill SB 5612 -- Under rules suspension, read third the vote was: Ayes, 27; absent, 1 – Deckert; excused, 2 time. Carried by Bates. Rereferred to Special – Nelson, Winters. Bill passed. Committee on Budget by voice vote on motion of Bates. HB 2878 -- Under rules suspension, read third time. Carried by Atkinson. Taken from today’s third SB 5614 A-Eng. -- Under rules suspension, read reading calendar and placed on July 5 calendar by third time. Carried by Gordly. On passage of bill the unanimous consent on motion of Atkinson. SENATE JOURNAL SJ-199

The following measures were referred to 5172, 5173; 2058, 2062, 2065, 2112, 2154, 2180, 2278, committee on July 1 and recorded on Committee 2527, 2655, 2656, 3303, 3472, 3497 -- Message from Referral List No. 50 which was distributed to the House announcing passage. members. Referral list recorded in the Journal and Status Report by order of the President. SB 920 -- Message from the House announcing passage as amended by the House. SB 1091 Rules; Revenue HB 5125, 2322 -- Message from the House HB 5081 Budget announcing concurrence in Senate amendments and HB 5082 Budget repassage. HB 5137 Budget HB 5142 Budget SB 1012; HJM 35; HB 2202, 2315, 2335, 2729, HB 5143 Budget 2831, 2976, 3029, 3050, 3197, 3223, 3252, 3257, 3272, HB 5153 Budget 3301, 3318 -- Message from the House announcing the Speaker signed on July 1. HB 5156 Budget HB 5158 Budget Committee Report Summary No. 119 listing the HB 5159 Budget following reports was distributed to members today. HB 5161 Budget Summary list recorded in Journal and Status Report HB 2052 Budget by order of the President. HB 2056 Rules; Budget HB 2069 -- Report by Conference Committee HB 2103 Rules signed by Senators Gordly, Metsger, Morse and HB 2107 Budget Representatives Brown, Kitts, Schaufler HB 2122 Rules recommending that the House concur in Senate HB 2130 Rules amendments dated June 3 and that the B-engrossed HB 2238 Rules bill be further amended and repassed. HB 2265 Rules HCR 6 -- Report by Committee on Rules HB 2327 Rules recommending adoption. HB 2450 Rules; Revenue HB 2510 Rules HB 3083 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. HB 2539 Rules HB 2561 Rules Committee Report Summary No. 120 listing the HB 2693 Rules following reports was distributed to members today. HB 2930 Rules Summary list recorded in Journal and Status Report HB 3021 Rules by order of the President. HB 3124 Budget SB 1037 -- Report by Committee on Rules HB 3238 Rules recommending passage with amendments to the A- HB 3481 Revenue Engrossed bill. HB 3486 Rules; Budget HB 2932 -- Report by Committee on Rules HB 3491 Rules recommending passage with amendments to the A- HB 3492 Rules Engrossed bill. HB 3495 Rules HB 3143 -- Report by Committee on Revenue SB 89, 118, 198, 568, 693, 855, 962 -- President recommending passage with amendments to the B- Courtney signed on July 1. Engrossed bill. Senate adjourned until 10:00 a.m. Tuesday by HB 3151 -- Report by Committee on Rules unanimous consent at the request of the Chair. recommending passage of the A-Engrossed bill.

Tuesday, July 5, 2005 -- Morning Session HB 3260 -- Report by Committee on Rules recommending passage with amendments to the A- Senate convened at 10:00 a.m. President Pro Engrossed bill to resolve conflicts. Tempore Carter in Chair. The following members HB 3262 -- Report by Committee on Rules were present: Atkinson, Bates, Beyer, Brown, recommending passage with amendments. Burdick, President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, SB 62 A-Eng. -- Burdick moved that the Senate Monnes Anderson, Morrisette, Morse, Nelson, concur in House amendments and repass bill. On Prozanski, Ringo, Shields, Starr, B., Starr, C., Verger, concurrence and repassage the vote was: Ayes, 29; Walker, Westlund, Whitsett, Winters; attending attending legislative business, 1 – Schrader. Bill legislative business -- Schrader. (President Courtney repassed. in Chair) Colors were posted and the Senate pledged SB 128 A-Eng. -- Burdick moved that the allegiance to the flag. Invocation by Senator Frank Senate concur in House amendments and repass bill. Shields, Portland. On concurrence and repassage the vote was: Ayes, 29; SB 44, 45, 91, 424, 699, 785, 955, 1047; HB 5085, attending legislative business, 1 – Schrader. Bill 5126, 5128, 5139, 5145, 5147, 5148, 5149, 5151, 5155, repassed. 5160, 5164, 5165, 5166, 5167, 5168, 5169, 5170, 5171,

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SB 181 B-Eng. -- Burdick moved that the HB 3352 -- Bill read. Carried by Brown. Taken Senate concur in House amendments and repass bill. from today’s third reading calendar and placed on On concurrence and repassage the vote was: Ayes, 29; July 6 calendar by voice vote on motion of Brown. attending legislative business, 1 – Schrader. Bill repassed. SB 781 -- Morrisette, Kruse, Monnes Anderson appointed Senate conferees. SB 243 B-Eng. -- Burdick moved that the Senate concur in House amendments and repass bill. SB 782 -- Morrisette, Kruse, Monnes Anderson On concurrence and repassage the vote was: Ayes, 30. appointed Senate conferees. Bill repassed. SB 863 -- Ringo, Prozanski, Starr, C. appointed SB 392 A-Eng. -- Burdick moved that the Senate conferees. Senate concur in House amendments and repass bill. HB 3458 -- Brown, Burdick, Kruse appointed On concurrence and repassage the vote was: Ayes, 30. Senate conferees. Bill repassed. SB 913; HJM 35; HB 2202, 2315, 2335, 2729, SB 781 -- Senate refused to concur in House 2831, 2976, 3029, 3050, 3197, 3223, 3252, 3257, 3272, amendments by voice vote on motion of Morrisette. 3301, 3318 -- President Courtney signed on July 5. Conferees to be appointed. Senate adjourned until 10:00 a.m. Wednesday by SB 782 -- Senate refused to concur in House unanimous consent at the request of the Chair. amendments by voice vote on motion of Morrisette. Conferees to be appointed. Wednesday, July 6, 2005 -- Morning Session SB 863 -- Senate refused to concur in House amendments by voice vote on motion of Ringo. Senate convened at 10:00 a.m. President Pro Conferees to be appointed. Tempore Carter in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, SB 965 B-Eng. -- Burdick moved that the Burdick, President Courtney, Deckert, Devlin, Senate concur in House amendments and repass bill. Ferrioli, George, Gordly, Johnson, Kruse, Metsger, On concurrence and repassage the vote was: Ayes, 30. Monnes Anderson, Morrisette, Morse, Nelson, Bill repassed. Prozanski, Ringo, Schrader, Shields, Starr, C., SB 323 A-Eng.* -- Conference Committee report Verger, Walker, Westlund, Whitsett, Winters; absent adopted and bill repassed on motion of Walker. The -- Starr, B. Colors were posted and the Senate vote was: Ayes, 30. Bill repassed. pledged allegiance to the flag. Invocation by Frank Carpenter, Capitol Ministries, Hillsboro. SB 1092 -- Introduced, read first time and referred to President’s desk. The following messages from the Governor were read and referred to the President's desk: SB 1057 -- Read second time and passed to third reading. July 5, 2005 HB 5085, 5126, 5128, 5139, 5145, 5147, 5148, TO THE HONORABLE PRESIDENT OF THE SENATE 5149, 5151, 5155, 5160, 5164, 5165, 5166, 5167, 5168, OF THE 73rd LEGISLATIVE ASSEMBLY 5169, 5170, 5171, 5172, 5173; 2058, 2062, 2065, 2112, ORS 417.730 provides that the Governor shall appoint the 2154, 2180, 2278, 2527, 2655, 2656, 3303, 3472, 3497 members of the State Commission on Children and -- Read first time and referred to President’s desk. Families, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HCR 6; HB 2113, 2247, 2340, 3044, 3083, 3145, 3151, 3374 -- Read second time and passed to third I appoint Rich Brown of Portland as a member of the State reading. Commission on Children and Families for an unexpired four-year term beginning August 1, 2005, and ending HB 2089 A-Eng. -- Read third time. Carried by September 30, 2005, effective upon Senate confirmation. Starr, C. On passage of bill the vote was: Ayes, 30. This appointment is submitted for your consideration. Bill passed. HB 2233 B-Eng. -- Read third time. Carried by Sincerely, Ted Kulongoski Ringo. On passage of bill the vote was: Ayes, 29; Governor nays, 1 – Schrader. Bill passed.

HB 2878 -- Bill read. Carried by Brown. July 5, 2005 Rereferred to Committee on Rules by voice vote on motion of Brown. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY HB 3329 B-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 28; ORS 417.730 provides that the Governor shall appoint the members of the State Commission on Children and nays, 2 – Beyer, Kruse. Bill passed. Families, subject to Senate confirmation, in the manner HB 3350 -- Bill read. Carried by Brown. Taken provided by ORS 171.562 and ORS 171.565. from today’s third reading calendar and placed on I reappoint Rich Brown of Portland as a member of the July 6 calendar by voice vote on motion of Brown. State Commission on Children and Families for a four-year term beginning October 1, 2005, and ending September 30, 2009, effective upon Senate confirmation. SENATE JOURNAL SJ-201

This appointment is submitted for your consideration. ORS 456.567 provides that the Governor shall appoint the members of the State Housing Council, subject to Senate Sincerely, confirmation, in the manner provided by ORS 171.562 and Ted Kulongoski ORS 171.565. Governor I appoint Jeana Woolley of Portland as a member of the State Housing Council for a four-year term beginning July July 5, 2005 15, 2005, and ending June 30, 2009, effective upon Senate TO THE HONORABLE PRESIDENT OF THE SENATE confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration.

ORS 417.730 provides that the Governor shall appoint the Sincerely, members of the State Commission on Children and Ted Kulongoski Families, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I appoint Rebecca Hernandez of Portland as a member of July 5, 2005 the State Commission on Children and Families for an unexpired four-year term beginning August 1, 2005, and TO THE HONORABLE PRESIDENT OF THE SENATE ending September 30, 2007, effective upon Senate OF THE 73rd LEGISLATIVE ASSEMBLY confirmation. ORS 830.105 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the State Marine Board, subject to Senate confirmation, in the manner provided by ORS 171.562 and Sincerely, ORS 171.565. Ted Kulongoski Governor I appoint Richard Allen of Madras as a member of the State Marine Board for a four-year term beginning August 1, 2005, and ending June 30, 2009, effective upon Senate July 5, 2005 confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 417.730 provides that the Governor shall appoint the Ted Kulongoski members of the State Commission on Children and Governor Families, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. July 5, 2005 I appoint Jean Phelps of Eugene as a member of the State Commission on Children and Families for an unexpired TO THE HONORABLE PRESIDENT OF THE SENATE four-year term beginning August 1, 2005, and ending OF THE 73rd LEGISLATIVE ASSEMBLY September 30, 2007, effective upon Senate confirmation. ORS 687.470 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the State Board of Direct Entry Midwifery, subject to Senate confirmation, in the manner provided by Sincerely, ORS 171.562 and ORS 171.565. Ted Kulongoski Governor I reappoint Holly Scholles of Estacada as a member of the State Housing Council for a three-year term beginning July 1, 2005, and ending June 30, 2008, effective upon Senate July 5, 2005 confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, ORS 657.685 provides that the Governor shall appoint the Ted Kulongoski members of the Employment Appeals Board, subject to Governor Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 5152 -- Message from the House announcing passage. I appoint Sarah Owens of Salem as a member of the State Commission on Children and Families for a four-year term HB 2104, 2117, 2776, 2933, 3174, 3179, 3443 -- beginning July 5 , 2005, and ending July 4, 2009, effective Message from the House announcing concurrence in upon Senate confirmation. Senate amendments and repassage. This appointment is submitted for your consideration. SB 1039 -- Message from the House announcing Sincerely, adoption of conference committee report and Ted Kulongoski repassage. Governor SB 781 -- Message from the House announcing Boone, Boquist, Dalto appointed House conferees. July 5, 2005 SB 896 -- Message from the House announcing TO THE HONORABLE PRESIDENT OF THE SENATE Ackerman, Brown, Jenson appointed House conferees. OF THE 73rd LEGISLATIVE ASSEMBLY

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HB 2306 -- Message from the House HB 3044 A-Eng. -- Read third time. Carried by announcing Ackerman, Krieger, Thatcher appointed Shields. On passage of bill the vote was: Ayes, 25; House conferees. nays, 4 – Beyer, Kruse, Nelson, Whitsett; absent, 1 – Starr, B. Bill passed. HB 5162 -- Message from the House announcing the Speaker signed on July 6. HB 3083 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 19; Committee Report Summary No. 121 listing the nays, 10 – Beyer, George, Gordly, Kruse, Morse, following reports was distributed to members today. Schrader, Starr, C., Verger, Whitsett, Winters; Summary list recorded in Journal and Status Report absent, 1 – Starr, B. Bill passed. by order of the President. HB 3145 B-Eng. -- Read third time. Carried by SJR 24 -- Report by Committee on Rules Ferrioli. On passage of bill the vote was: Ayes, 27; recommending adoption with amendments. nays, 2 – Schrader, Westlund; absent, 1 – Starr, B. SB 815 -- Report by Committee on Rules Bill passed. recommending passage with amendments to the A- HB 3151 -- Read third time. Carried by Brown. Engrossed bill. Rereferred to Committee on Rules by unanimous HB 3073 -- Report by Committee on Rules consent on motion of Brown. recommending passage with amendments to the A- HB 3350 B-Eng. -- Bill read. Carried by Engrossed bill. Deckert. On passage of bill the vote was: Ayes, 29; HB 3093 -- Report by Committee on Rules absent, 1 – Starr, B. Bill passed. recommending passage with amendments to the A- HB 3352 -- Bill read. Carried by Ringo. Taken Engrossed bill. from today’s third reading calendar and placed on HB 3319 -- Report by Committee on Rules July 7 calendar by unanimous consent on motion of recommending passage with amendments to the A- Ringo. Engrossed bill. HB 3374 B-Eng. -- Read third time. Carried by Senate recessed until 10:40 a.m. by unanimous Walker. Potential conflict of interest declared by consent on motion of Brown. Morse. On passage of bill the vote was: Ayes, 22; nays, 7 – Beyer, George, Kruse, Monnes Anderson, Senate reconvened at 10:40 a.m. President Pro Morse, Schrader, Starr, C.; absent, 1 – Starr, B. Bill Tempore Carter in Chair. All present except Starr, B., passed. absent. SB 1057 -- Bill read. Taken from today’s third Senate, having recessed under the order of reading calendar and placed on July 7 calendar by Reports from Standing Committees, resumed under voice vote on motion of Brown. the general order of business by unanimous consent at the request of the Chair. The following measures were referred to committee on July 5 and recorded on Committee SB 1037 -- Read second time and passed to Referral List No. 51 which was distributed to third reading. members. Referral list recorded in the Journal and SB 1057 -- Moved to the foot of today's third Status Report by order of the President. reading calendar by unanimous consent at the SB 1092 Budget request of the Chair. HB 5085 Budget HB 5152 -- Read first time and referred to HB 5126 Budget President’s desk. HB 5128 Budget HB 5139 Budget HB 2932, 3143, 3260, 3262 -- Read second time and passed to third reading. HB 5145 Budget HB 5147 Budget HCR 6 -- Read final time. Carried by Brown. HB 5148 Budget Taken from today’s third reading calendar and HB 5149 Budget placed on July 13 calendar by unanimous consent on HB 5151 Budget motion of Brown. HB 5155 Budget HB 2113 B-Eng. -- Bill read. Carried by Brown. HB 5160 Budget On passage of bill the vote was: Ayes, 29; absent, 1 – HB 5164 Budget Starr, B. Bill passed. HB 5165 Budget HB 2247 B-Eng. -- Read third time. Carried by HB 5166 Budget Shields. On passage of bill the vote was: Ayes, 29; HB 5167 Budget absent, 1 – Starr, B. Bill passed. HB 5168 Budget HB 5169 Budget HB 2340 A-Eng. -- Read third time. Carried by HB 5170 Budget Atkinson. On passage of bill the vote was: Ayes, 23; HB 5171 Budget nays, 6 – Beyer, George, Kruse, Morse, Starr, C., Whitsett; absent, 1 – Starr, B. Bill passed. HB 5172 Budget HB 5173 Budget HB 2058 Budget SENATE JOURNAL SJ-203

HB 2062 Rules SB 5616 -- Report by Special Committee on HB 2065 Budget Budget recommending passage with amendments. HB 2112 Budget SB 5617 -- Report by Special Committee on HB 2154 Rules Budget recommending passage with amendments. HB 2180 Rules HB 2278 Budget SB 5618 -- Report by Special Committee on HB 2527 Rules Budget recommending passage with amendments. HB 2655 Rules SB 5621 -- Report by Special Committee on HB 2656 Rules Budget recommending passage with amendments. HB 3303 Rules SB 5623 -- Report by Special Committee on HB 3472 Rules Budget recommending passage with amendments. HB 3497 Rules SB 5624 -- Report by Special Committee on SCR 9; SB 5534, 5535; 199, 577, 786, 978; HB Budget recommending passage with amendments. 5162 -- President Courtney signed on July 6. SB 5626 -- Report by Special Committee on Senate adjourned until 10:00 a.m. Thursday by Budget recommending passage with amendments. unanimous consent at the request of the Chair. SB 5627 -- Report by Special Committee on Thursday, July 7, 2005 -- Morning Session Budget recommending passage with amendments. SB 446 -- Report by Committee on Rules Senate convened at 10:00 a.m. President Pro recommending passage with amendments. Tempore Carter in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, HB 5114 -- Report by Special Committee on Burdick, President Courtney, Deckert, Devlin, Budget recommending passage with amendments to Ferrioli, George, Gordly, Johnson, Kruse, Metsger, the A-Engrossed bill. Monnes Anderson, Morrisette, Morse, Nelson, HB 5122 -- Report by Special Committee on Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, Budget recommending passage with amendments to C., Verger, Walker, Westlund, Whitsett, Winters. the A-Engrossed bill. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Joanne Verger, HB 5130 -- Report by Special Committee on Coos Bay. Budget recommending passage with amendments to the A-Engrossed bill. HB 2671 -- Message from the House announcing passage. Committee Report Summary No. 123 listing the following reports was distributed to members July 6. HJM 37 -- Message from the House announcing Summary list recorded in Journal and Status Report adoption. by order of the President. HB 2233, 3479 -- Message from the House SB 1000 -- Report by Committee on Rules announcing concurrence in Senate amendments and recommending passage with amendments. repassage. HB 2050 -- Report by Committee on Rules HB 2167 -- Message from the House recommending passage with amendments to the A- announcing refusal to concur in Senate amendments. Engrossed bill to resolve conflicts. House conferees to be appointed. HB 2408 -- Report by Committee on Rules SB 323; HB 2069 -- Message from the House recommending passage with amendments to the A- announcing Conference Committee Report adopted Engrossed bill. and bill repassed. Committee Report Summary No. 124 listing the SB 89, 118, 198, 568, 693, 855, 913, 962 -- following reports was distributed to members July 6. Message from the House announcing the Speaker Summary list recorded in Journal and Status Report signed on July 6. by order of the President. Committee Report Summary No. 122 listing the SB 228 -- Report by Special Committee on following reports was distributed to members July 6. Budget recommending passage with amendments. Summary list recorded in Journal and Status Report by order of the President. SB 358 -- Report by Special Committee on Budget recommending passage with amendments. SB 5600 -- Report by Special Committee on Budget recommending passage with amendments. SB 850 -- Report by Special Committee on Budget recommending passage with amendments to SB 5604 -- Report by Special Committee on the A-Engrossed bill. Budget recommending passage with amendments. SB 870 -- Report by Special Committee on SB 5611 -- Report by Special Committee on Budget recommending passage with amendments to Budget recommending passage with amendments. the A-Engrossed bill. SB 5615 -- Report by Special Committee on Budget recommending passage with amendments.

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SB 954 -- Report by Special Committee on SB 920 B-Eng. -- Burdick moved that the Budget recommending passage with amendments. Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; SB 1016 -- Report by Special Committee on nays, 2 – George, Schrader. Bill repassed. Budget recommending passage with amendments to the A-Engrossed bill. SB 1093 -- Introduced, read first time and referred to President’s desk. HB 2429 -- Report by Committee on Rules recommending passage with amendments to the A- SJR 24; SB 5600, 5604, 5611, 5615, 5616, 5617, Engrossed bill. 5618, 5621, 5623, 5624, 5626, 5627; 228, 247, 358, 446, 815, 850, 870, 954, 1000, 1016 -- Read second HB 2717 -- Report by Special Committee on time and passed to third reading. Budget recommending passage with amendments to the B-Engrossed bill. SB 1037 B-Eng. -- Bill read. Carried by Ringo. Potential conflict of interest declared by Beyer, Kruse, Committee Report Summary No. 125 listing the Nelson, Starr, C. Call of the Senate demanded by following reports was distributed to members today. Ringo joined by Devlin and Brown. All present. On Summary list recorded in Journal and Status Report passage of bill the vote was: Ayes, 20; nays, 10 – by order of the President. Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., SB 247 -- Report by Special Committee on Starr, C., Verger, Whitsett, Winters. Bill passed. Budget recommending passage of the A-Engrossed SB 1057 -- Bill read. Carried by Brown. Taken bill. from today’s third reading calendar and placed on HB 5127 -- Report by Special Committee on July 11 calendar on motion of Brown. The vote was: Budget recommending passage of the A-Engrossed Ayes, 18; nays, 12 – Atkinson, Beyer, Ferrioli, George, bill. Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, Whitsett, Winters. Motion carried. HB 2123 -- Report by Special Committee on Budget recommending passage. HJM 37; HB 2671 -- Read first time and referred to President’s desk. HB 2186 -- Report by Special Committee on Budget recommending passage. HB 5114, 5122, 5127, 5130; 2050, 2123, 2159, 2186, 2408, 2429, 2593, 2717, 3073, 3093, 3319, 3491, HB 2593 -- Report by Special Committee on 3495 -- Read second time and passed to third Budget recommending passage. reading. HB 3491 -- Report by Committee on Rules HB 2932 B-Eng. -- Read third time. Carried by recommending passage of the A-Engrossed bill. Westlund. On passage of bill the vote was: Ayes, 28; HB 3495 -- Report by Committee on Rules nays, 2 – Burdick, Schrader. Bill passed. recommending passage of the A-Engrossed bill. HB 3143 C-Eng. -- Read third time. Carried by Committee Report Summary No. 126 listing the Deckert. Call of the Senate demanded by Deckert following reports was distributed to members today. joined by Brown and George. All present. On passage Summary list recorded in Journal and Status Report of bill the vote was: Ayes, 20; nays, 10 – Beyer, by order of the President. Burdick, Gordly, Kruse, Nelson, Ringo, Schrader, Shields, Verger, Walker. Bill passed. SB 1072 -- Report by Committee on Rules recommending passage with amendments. Referred HB 3260 B-Eng. -- Read third time. Carried by to Special Committee on Budget by order of the Ringo. On passage of bill the vote was: Ayes, 30. Bill President. passed. HB 2103 -- Report by Committee on Rules HB 3262 A-Eng. -- Read third time. Carried by recommending passage with amendments to the A- Brown. On passage of bill the vote was: Ayes, 23; Engrossed bill to resolve conflicts. nays, 6 – Atkinson, Beyer, George, Kruse, Schrader, Verger; attending legislative business, 1 – Ferrioli. HB 2159 -- Report by Special Committee on Bill passed. Budget recommending passage. HB 3352 -- Bill read. Carried by Ringo. Taken HB 2238 -- Report by Committee on Rules from today’s third reading calendar and placed on recommending passage. Referred to Special July 8 calendar by voice vote on motion of Ringo. Committee on Budget by order of the President. The following measures were referred to Senate recessed until 10:30 a.m. by unanimous committee on July 6 and recorded on Committee consent on motion of Brown. Referral List No. 52 which was distributed to members. Referral list recorded in the Journal and Senate reconvened at 10:30 a.m. President Pro Status Report by order of the President. Tempore Carter in Chair. All present. HB 5152 Budget Senate, having recessed following the order of Propositions and Motions, resumed under the general order of business by unanimous consent at the request of the Chair. SENATE JOURNAL SJ-205

2186, 2593, 2717 -- Rules suspended by unanimous State Commission on Children and Families (ORS consent in order that the Senate may take final action on Supplemental Agenda No. 1 on motion of Brown. 417.730) SB 5600 A-Eng. -- Under rules suspension, read Rich Brown (a & r) Rules third time. Carried by Westlund. Potential conflict Rebecca Hernandez Rules of interest declared by Westlund. Call of the Senate Jean Phelps Rules demanded by Brown joined by Bates and Westlund. All present. On passage of bill the vote was: Ayes, 19; State Board of Direct Entry Midwifery (ORS 687.470) nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Starr, C., Whitsett, Winters. Holly Scholles (r) Rules Bill passed. SB 5604 -- Under rules suspension, read third Employment Appeals Board (ORS 657.685) time. Carried by Devlin. Taken from today’s third Sarah Owens Rules reading calendar and placed on July 8 calendar by voice vote on motion of Devlin. State Housing Council (ORS 456.567) SB 5611 A-Eng. -- Under rules suspension, read Jeana Woolley Rules third time. Carried by Schrader. On passage of bill the vote was: Ayes, 21; nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C.; excused, State Marine Board (ORS 830.105) 1 – Morrisette; attending legislative business, 1 – Richard Allen Rules Morse. Bill passed. Senate recessed until 3:00 p.m. by unanimous SB 5615 A-Eng. -- Under rules suspension, read consent at the request of the Chair. third time. Carried by Verger. On passage of bill the vote was: Ayes, 20; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C., Whitsett; Thursday, July 7, 2005 -- Afternoon Session excused, 1 – Morrisette; attending legislative business, 1 – Morse. Bill passed. Senate reconvened at 3:00 p.m. President Pro Tempore Carter in Chair. All present. SB 5616 A-Eng. -- Under rules suspension, read third time. Carried by Bates. Call of the Senate Senate, having recessed under the order of demanded by Devlin joined by Brown and Johnson. Announcements, reverted to the order of Reports from All present except Morrisette, excused; Morse, Standing Committees by unanimous consent at the attending legislative business. Pending arrival of request of the Chair. member subject to the Call, Senate at ease. All Committee Report Summary No. 127 listing the present except Morrisette, excused. Senate following reports was distributed to members today. reassembled. On passage of bill the vote was: Ayes, Summary list recorded in Journal and Status Report 19; nays, 10 – Atkinson, Beyer, Ferrioli, George, by order of the President. Kruse, Morse, Nelson, Starr, B., Starr, C., Whitsett; excused, 1 – Morrisette. Bill passed. SB 1068 -- Report by Committee on Rules recommending passage with amendments. SB 5617 A-Eng. -- Under rules suspension, read third time. Carried by Devlin. Call of the Senate SB 1074 -- Report by Committee on Rules demanded by Devlin joined by Monnes Anderson and recommending passage with amendments. Starr, C. All present except Morrisette, excused. On HB 2180 -- Report by Committee on Rules passage of bill the vote was: Ayes, 17; nays, 12 – recommending passage of the A-Engrossed bill. Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, Whitsett, HB 2527 -- Report by Committee on Rules Winters; excused, 1 – Morrisette. Bill passed. recommending passage of the A-Engrossed bill. SB 5618 A-Eng. -- Under rules suspension, read HB 2656 -- Report by Committee on Rules third time. Carried by Gordly. On passage of bill the recommending passage of the A-Engrossed bill. vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Nelson, Starr, B., Winters; Senate reverted to the order of Second Reading excused, 1 – Morrisette. Bill passed. of House Measures by unanimous consent at the request of the Chair. SB 5621 A-Eng. -- Under rules suspension, read third time. Carried by Morse. On passage of bill the HB 2180, 2527, 2656 -- Read second time and vote was: Ayes, 24; nays, 5 – Atkinson, Beyer, Kruse, passed to third reading. Starr, B., Whitsett; excused, 1 – Morrisette. Bill Senate reverted to the order of Propositions and passed. Motions by unanimous consent at the request of the SB 5623 A-Eng. -- Under rules suspension, read Chair. third time. Carried by Bates. On passage of bill the SB 5600, 5604, 5611, 5615, 5616, 5617, 5618, vote was: Ayes, 22; nays, 7 – Atkinson, Beyer, 5621, 5623, 5624, 5626, 5627; 228, 247, 446, 850, 870, Ferrioli, George, Kruse, Starr, B., Starr, C.; excused, 954, 1016; HB 5114, 5122, 5127, 5130; 2123, 2159, 1 – Morrisette. Bill passed.

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SB 5624 A-Eng. -- Under rules suspension, read HB 5127 A-Eng. -- Under rules suspension, third time. Carried by Bates. On passage of bill the read third time. Carried by Morse. On passage of bill vote was: Ayes, 22; nays, 7 – Atkinson, Beyer, the vote was: Ayes, 26; nays, 2 – Atkinson, Whitsett; Ferrioli, George, Kruse, Starr, B., Whitsett; excused, excused, 2 – Morrisette, Winters. Bill passed. 1 – Morrisette. Bill passed. HB 5130 B-Eng. -- Under rules suspension, SB 5626 A-Eng. -- Under rules suspension, read read third time. Carried by Morse. On passage of bill third time. Carried by Devlin. On passage of bill the the vote was: Ayes, 27; nays, 1 – Atkinson; excused, 2 vote was: Ayes, 23; nays, 6 – Atkinson, Beyer, – Morrisette, Winters. Bill passed. Ferrioli, George, Kruse, Starr, B.; excused, 1 – Morrisette. Bill passed. HB 2123 -- Under rules suspension, read third time. Carried by Shields. On passage of bill the vote SB 5627 A-Eng. -- Under rules suspension, read was: Ayes, 28; excused, 2 – Morrisette, Winters. Bill third time. Carried by Gordly. On passage of bill the passed. vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C., Verger; HB 2159 -- Under rules suspension, read third excused, 1 – Morrisette. Bill passed. time. Carried by Nelson. On passage of bill the vote was: Ayes, 28; excused, 2 – Morrisette, Winters. Bill SB 228 A-Eng. -- Under rules suspension, read passed. third time. Carried by Devlin, President Courtney. On passage of bill the vote was: Ayes, 25; nays, 4 – HB 2186 -- Under rules suspension, read third Beyer, Ferrioli, Kruse, Starr, B.; excused, 1 – time. Carried by Shields. On passage of bill the vote Morrisette. Bill passed. was: Ayes, 25; nays, 3 – Johnson, Walker, Whitsett; excused, 2 – Morrisette, Winters. Bill passed. Senate at ease. Senate reassembled. (President Courtney in Chair) HB 2593 -- Under rules suspension, read third time. Carried by Bates. On passage of bill the vote SB 247 A-Eng. -- Under rules suspension, read was: Ayes, 27; nays, 1 – Whitsett; excused, 2 – third time. Carried by Gordly. On passage of bill the Morrisette, Winters. Bill passed. vote was: Ayes, 27; nays, 1 – Beyer; excused, 2 – Morrisette, Winters. Bill passed. HB 2717 C-Eng. -- Under rules suspension, read third time. Carried by Verger. On passage of SB 446 A-Eng. -- Under rules suspension, read bill the vote was: Ayes, 28; excused, 2 – Morrisette, third time. Carried by Shields. On passage of bill the Winters. Bill passed. vote was: Ayes, 20; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Nelson, Starr, B., Whitsett; Senate reverted to the order of Reports from excused, 2 – Morrisette, Winters. Bill passed. Standing Committees by unanimous consent at the request of the Chair. SB 850 B-Eng. -- Under rules suspension, read third time. Carried by Devlin. On passage of bill the Committee Report Summary No. 128 listing the vote was: Ayes, 28; excused, 2 – Morrisette, Winters. following reports was distributed to members today. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 870 -- Under rules suspension, read third time. Taken from today's third reading calendar and HB 5115 -- Report by Special Committee on placed on July 8 calendar by unanimous consent on Budget recommending passage of the A-Engrossed motion of Brown. bill. SB 954 -- Under rules suspension, read third HB 5126 -- Report by Special Committee on time. Taken from today's third reading calendar and Budget recommending passage of the A-Engrossed placed on July 8 calendar by voice vote on motion of bill. Devlin. HB 5137 -- Report by Special Committee on SB 1016 B-Eng. -- Under rules suspension, read Budget recommending passage of the A-Engrossed third time. Carried by Monnes Anderson. On bill. passage of bill the vote was: Ayes, 28; excused, 2 – HB 5140 -- Report by Special Committee on Morrisette, Winters. Bill passed. Budget recommending passage of the A-Engrossed Senate reverted to the order of Third Reading of bill. House Measures by unanimous consent at the request HB 5146 -- Report by Special Committee on of the Chair. Budget recommending passage of the A-Engrossed HB 5114 B-Eng. -- Under rules suspension, bill. read third time. Carried by Johnson. On passage of HB 5157 -- Report by Special Committee on bill the vote was: Ayes, 24; nays, 4 – Atkinson, Beyer, Budget recommending passage of the A-Engrossed George, Kruse; excused, 2 – Morrisette, Winters. Bill bill. passed. HB 5166 -- Report by Special Committee on HB 5122 B-Eng. -- Under rules suspension, Budget recommending passage of the A-Engrossed read third time. Carried by Westlund. On passage of bill. bill the vote was: Ayes, 26; nays, 2 – Atkinson, Starr, B.; excused, 2 – Morrisette, Winters. Bill passed. Committee Report Summary No. 129 listing the following reports was distributed to members today. SENATE JOURNAL SJ-207

Summary list recorded in Journal and Status Report 973, 996, 1026, 1045 -- Message from the Governor by order of the President. announcing he signed on July 7. HB 5170 -- Report by Special Committee on Committee Report Summary No. 131 listing the Budget recommending passage of the A-Engrossed following reports was distributed to members today. bill. Summary list recorded in Journal and Status Report by order of the President. HB 5172 -- Report by Special Committee on Budget recommending passage of the A-Engrossed SB 1085 -- Report by Committee on Rules bill. recommending passage with amendments. Referred to Special Committee on Budget by prior reference. HB 5173 -- Report by Special Committee on Budget recommending passage of the A-Engrossed HB 2537 -- Report by Committee on Rules bill. recommending passage with amendments. Referred to Special Committee on Budget by order of the HB 3472 -- Report by Committee on Rules President. recommending passage of the A-Engrossed bill. HB 2599 -- Report by Committee on Rules Committee Report Summary No. 130 listing the recommending passage with amendments to the B- following reports was distributed to members today. Engrossed bill. Summary list recorded in Journal and Status Report by order of the President. Senate proceeded to the order of First Reading of Senate Measures by unanimous consent at the SB 5538 -- Report by Special Committee on request of the Chair. Budget recommending passage with amendments. SB 1100 -- Introduced, read first time and SB 5581 -- Report by Special Committee on referred to President’s desk. Budget recommending passage with amendments. Senate proceeded to the order of Second Reading SB 5586 -- Report by Special Committee on of Senate Measures by unanimous consent at the Budget recommending passage with amendments. request of the Chair. SB 420 -- Report by Special Committee on SB 5538, 5581, 5586; 420, 1068, 1074 -- Read Budget recommending passage with amendments to second time and passed to third reading. the A-Engrossed bill. Senate proceeded to the order of Second Reading HB 2120 -- Report by Special Committee on of House Measures by unanimous consent at the Budget recommending passage with amendments to request of the Chair. the A-Engrossed bill to resolve conflicts. HB 2103, 2120, 3230 -- Read second time and HB 3230 -- Report by Special Committee on passed to third reading. Budget recommending passage with amendments to the B-Engrossed bill. Senate resumed under the general order of business by unanimous consent at the request of the Senate reverted to the order of Second Reading Chair. of House Measures by unanimous consent at the request of the Chair. SB 1000 -- Made a Special Order of Business immediately under final consideration by unanimous HB 5115, 5126, 5137, 5140, 5146, 5157, 5166, consent on motion of Brown. 5170, 5172, 5173; 3472 -- Read second time and passed to third reading. SB 1000 A-Eng. -- Read third time. Carried by Bates, Brown, Morse, Westlund. Senate adjourned until 9:30 a.m. Friday by unanimous consent at the request of the Chair. SB 1000 -- Parliamentary inquiry by Beyer asking why another bill containing the same Friday, July 8, 2005 -- Morning Session provisions as this bill was sent to the Budget Committee and this bill was sent to the floor. Senate convened at 9:30 a.m. President Courtney President Courtney responded that the fiscal impact in Chair. The following members were present: on the first bill was indeterminate so was sent to the Atkinson, Bates, Beyer, Brown, Burdick, Carter, Budget Committee for evaluation. When SB 1000 Deckert, Devlin, Ferrioli, George, Gordly, Johnson, was reported out of committee, there was more Kruse, Metsger, Monnes Anderson, Morrisette, information on the fiscal impact and it was Morse, Prozanski, Ringo, Schrader, Shields, Starr, B., determined that it should come to the floor without a Starr, C., Verger, Walker, Westlund, Whitsett, subsequent referral to the Budget Committee. Winters; excused -- Nelson. Colors were posted and SB 1000 -- Debate resumed. Call of the Senate the Senate pledged allegiance to the flag. Invocation demanded by Brown joined by Verger and Devlin. All by Senator Margaret Carter, Portland. present except Nelson, excused. On passage of bill SB 20, 23, 52, 55, 57, 61, 63, 229, 230, 231, 236, the vote was: Ayes, 19; nays, 10 – Atkinson, Beyer, 240, 258, 262, 273, 284, 287, 368, 383, 386, 460, 528, Ferrioli, George, Kruse, Starr, B., Starr, C., Verger, 573, 585, 618, 641, 691, 692, 847, 880, 881, 914, 919, Whitsett, Winters; excused, 1 – Nelson. Bill passed.

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SB 1000 -- Verger requested the following it would ensure that all individuals, no matter what their explanation of vote be entered into the journal: sexual orientation may be, will be afforded the same protections as their fellow citizens. “Today I voted out of my experience as a Senator who listens to her voters. “As a prosecutor and as a legislator, I have worked with individuals who have been discriminated against “As amended, the language in SB 1000 was too close to solely based on their sexual orientation. I believe this type Ballot Measure 36, which now means the bill will not move of discrimination is wrong and that the legislature has a forward. This could have been avoided. This should have duty to prohibit such conduct. In fact, I believe Article I, been avoided. Section 20 requires the legislature to pass this legislation. “50% of my Senate District where I am well known “Turning to the issue of civil unions between same sex voted two to one for Ballot Measure 36. On the other had, partners, I also believe that Article I, Section 20 of the the new part of my District where I am not as well known, Oregon Constitution mandates that civil unions be passed Ballot Measure 36 but there was a significant No recognized in the state. Every citizen of this great state vote. I recognized that and I have listened seriously to their should be treated equally. If two consenting adults, no views. matter what their sexual orientation may be, want to “So, why did we not clearly and concisely separate the commit themselves to each other, they should be able to do two issues, knowing the goal of equal rights and benefits so without losing privileges or immunities that their fellow was attainable for homosexual partners and not just allow a Oregonians enjoy solely based on their sexual orientation. political debate going nowhere on a bill of this historic “I refuse to allow religious principles to be used in this significance? debate or decision. The writers of the Oregon Constitution “I do not vote to make “feel good” political statements. made it perfectly clear that every Oregonian has the right I represent good, kind people in all of District 5 who expect to freedom of worship and religious opinion. (Oregon good public policy to be written clearly and concisely to Constitution; Article I, Sections 2 and 3.) If we fail to reflect the outcomes that are supported and can bring about maintain the distinctions between church and state, all the compassionate concerns of all of Oregon’s citizens. Oregonians' rights to religious freedom will be put at risk. “I welcome that discussion.” “As an Oregon legislator, I will not compromise these fundamental principles guaranteed to all Oregonians.” SB 1000 -- Prozanski requested the following explanation of vote be entered into the journal: Senate recessed until 2:00 p.m. by unanimous consent at the request of the Chair. “As a legislator, I took an oath to uphold the Oregon Constitution. Article I, Section 20 provides, Friday, July 8, 2005 -- Afternoon Session “‘No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the Senate reconvened at 2:00 p.m. President same terms, shall not equally belong to all citizens.’ Courtney in Chair. All present. “In 1947, Oregon's first Civil Rights Act ("Act") was President Courtney gave an additional response passed to ensure that all Oregonians were protected from to Beyer’s parliamentary inquiry from the morning employment discrimination based on race, color, religion, session: sex, union membership, national origin or ancestry. Even “As a point of clarification, Senate Rule 8.40 gives the though the Act was passed based on the history of bias and President the authority to refer bills to appropriate institutionalized racism directed against African committees adding on subsequent referrals following the Americans, Asian Americans, Latinos and others, the law first reading of the bill. In addition, this rule allows the prohibits racial discrimination against anyone based on President to refer a bill before or after it has been referred their race, color, national origin, or other aforementioned to and reported out of any other committee. At any point, characteristics. he can rescind a subsequent referral.” “The Act also prohibited discrimination based on Senate, having recessed under the order of religion and union membership. Both of these are not an Propositions and Motions, reverted to the order of immutable characteristic like race, color, or national origin. Reports from Standing Committees by unanimous Using religion as an example, individuals can change their consent at the request of the Chair. religion at any time and history has shown us that some individuals have been discriminated against based on their Committee Report Summary No. 132 listing the religion. This was wrong. This basis of discrimination has following reports was distributed to members today. occurred even though the state's constitution protects every Summary list recorded in Journal and Status Report Oregonian's freedom of religion. (Oregon Constitution; by order of the President. Article I, Section 2.) HB 2078 -- Report by Committee on Rules “Since the passage of the original Act, the legislature recommending passage with amendments. has expanded the list of protected classes to include marital status. It was determined that divorced women were being HB 3092 -- Report by Committee on Rules discriminated against in the workplace, but it applies to all recommending passage with amendments to the B- individuals whether they are single, married, or divorced. Engrossed bill to resolve conflicts. “Today, the legislature is faced with the question of HB 3168 -- Report by Committee on Rules whether to add sexual orientation to the list of protected recommending passage with amendments. classes. This will not give anyone "special" rights. Instead SENATE JOURNAL SJ-209

Report by Committee on Rules recommending Report by Committee on Rules recommending that the Governor's appointment of Sara Fraser to the that the Governor's appointment of Ellie McPeak to Appraiser Certification and Licensure Board be the Commission for Women be confirmed. confirmed. Senate resumed under the order of Propositions Report by Committee on Rules recommending and Motions by unanimous consent at the request of that the Governor's appointments of Donald Dartt (r) the Chair. (appearance waived) and Joyce Green to the Commission for the Blind be confirmed en bloc. HB 2069 -- Consideration of Conference Committee report moved to the foot of today's third Report by Committee on Rules recommending reading calendar by unanimous consent at the that the Governor's appointment of Dennis Schad (r) request of the Chair. (appearance waived) to the Construction Contractors Board be confirmed. SJR 24 A-Eng. -- Read final time. Carried by Brown, Metsger, Starr, B. On adoption of resolution, Report by Committee on Rules recommending the vote was: Ayes, 29; excused, 1 – Nelson. that the Governor's reappointment of Michele Bouche Resolution adopted. (appearance waived) to the State Board of Direct Entry Midwifery be confirmed. Senate recessed until 2:50 p.m. by unanimous consent at the request of the Chair. Report by Committee on Rules recommending that the Governor's appointment of Sue Burkholder to Senate reconvened at 2:50 p.m. President the Trustees of the State Library be confirmed. Courtney in Chair. All present except Ringo, attending legislative business; Nelson, excused. Report by Committee on Rules recommending that the Governor's reappointments of Robert Cooley The Senate, having recessed under the order of (appearance waived) and Peter Green (appearance Third Reading of Senate Measures, resumed under waived) to the Outdoor Youth Program Advisory the general order of business by unanimous consent Board be confirmed en bloc. at the request of the Chair. Report by Committee on Rules recommending SB 5604 A-Eng. -- Bill read. Carried by Devlin. that the Governor's reappointments of Judith Potential conflict of interest declared by Burdick. Hibbard (appearance waived), Bruce Johnson Call of the Senate demanded by Devlin joined by (appearance waived) and George Miller (appearance Bates and Burdick. All present except Nelson, waived) to the Oregon Patient Safety Commission excused. On passage of bill the vote was: Ayes, 16; Board of Directors be confirmed en bloc. nays, 13 – Atkinson, Beyer, Burdick, Deckert, Ferrioli, George, Kruse, Morse, Starr, B., Starr, C., Report by Committee on Rules recommending Westlund, Whitsett, Winters; excused, 1 – Nelson. that the Governor's reappointments of Harold Burke- Bill passed. Sivers (appearance waived), Robert King (appearance waived) and Robert Tardiff (appearance waived) to SB 358 A-Eng. -- Read third time. Carried by the Board on Public Safety Standards and Training Shields. On passage of bill the vote was: Ayes, 28; be confirmed en bloc. absent, 1 – Johnson; excused, 1 – Nelson. Bill passed. Report by Committee on Rules recommending SB 815 B-Eng. -- Read third time. Carried by that the Governor's appointment of Larry Goff to the George. On passage of bill the vote was: Ayes, 28; Board on Public Safety Standards and Training be excused, 1 – Nelson; attending legislative business, 1 confirmed. – Monnes Anderson. Bill passed. Report by Committee on Rules recommending SB 870 B-Eng. -- Bill read. Carried by Carter. that the Governor's appointment of Wanda Sorenson On passage of bill the vote was: Ayes, 29; excused, 1 – to the Board on Public Safety Standards and Training Nelson. Bill passed. be confirmed. SB 954 -- Bill read. Carried by Devlin. Taken Report by Committee on Rules recommending from today’s third reading calendar and placed on that the Governor's appointment of Trey Senn to the July 11 calendar by voice vote on motion of Devlin. Sustainability Board be confirmed. HB 5115 A-Eng. -- Read third time. Carried by Report by Committee on Rules recommending Gordly. On passage of bill the vote was: Ayes, 28; that the Governor's appointment of Jeffery Jobe to nays, 1 – Atkinson; excused, 1 – Nelson. Bill passed. the Oregon Tourism Commission be confirmed. HB 5126 A-Eng. -- Read third time. Carried by Report by Committee on Rules recommending Johnson. On passage of bill the vote was: Ayes, 22; that the Governor's reappointment of Randall Papé nays, 7 – Atkinson, Beyer, George, Kruse, Starr, B., (appearance waived) to the Oregon Transportation Starr, C., Whitsett; excused, 1 – Nelson. Bill passed. Commission be confirmed. HB 5137 A-Eng. -- Read third time. Carried by Report by Committee on Rules recommending Johnson. On passage of bill the vote was: Ayes, 26; that the Governor's appointments of Bobby Brunoe (r) nays, 3 – Atkinson, Ringo, Starr, B.; excused, 1 – (appearance waived), Jim Nakano, Helen Westbrook Nelson. Bill passed. and Patricia Smith to the Oregon Watershed HB 5140 A-Eng. -- Read third time. Carried by Enhancement Board be confirmed. Gordly. On passage of bill the vote was: Ayes, 25;

SJ-210 SENATE JOURNAL nays, 4 – Atkinson, Beyer, Kruse, Ringo; excused, 1 – HB 3044, 3145, 3374 -- Message from the House Nelson. Bill passed. announcing House refusal to concur in Senate amendments. Conferees to be appointed. HB 5146 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 27; SB 81 -- Metsger moved that the rules be nays, 2 – Atkinson, Ringo; excused, 1 – Nelson. Bill suspended to allow reconsideration of the vote passed. whereby the Senate refused to concur in the House amendments on June 9. Motion carried by unanimous HB 5157 A-Eng. -- Read third time. Carried by consent. Gordly. On passage of bill the vote was: Ayes, 27; nays, 2 – Atkinson, Ringo; excused, 1 – Nelson. Bill SB 81 -- Under rules suspension, Metsger passed. moved that the vote whereby the Senate refused to concur in the House amendments be reconsidered. HB 5166 A-Eng. -- Read third time. Carried by Motion carried by voice vote. Vote reconsidered. Johnson. On passage of bill the vote was: Ayes, 24; nays, 5 – Atkinson, Beyer, George, Kruse, Ringo; SB 81 -- Under rules suspension, Metsger excused, 1 – Nelson. Bill passed. moved that the Senate concur in House amendments and repass bill. HB 5170 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 27; Senate at ease. Senate reassembled. nays, 2 – Atkinson, Ringo; excused, 1 – Nelson. Bill passed. SB 81 A-Eng. -- Debate resumed. Potential conflict of interest declared by Whitsett. On HB 5172 A-Eng. -- Read third time. Carried by concurrence and repassage the vote was: Ayes, 22; Bates. On passage of bill the vote was: Ayes, 24; nays, 6--Burdick, Deckert, Gordly, Prozanski, Ringo, nays, 5 – Atkinson, Beyer, George, Kruse, Ringo; Walker; attending legislative business, 2--Carter, excused, 1 – Nelson. Bill passed. Schrader. Bill repassed. HB 5173 A-Eng. -- Read third time. Carried by HB 2069 B-Eng.* -- Conference Committee Bates. On passage of bill the vote was: Ayes, 22; report adopted and bill repassed on motion of Starr, nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, B. The vote was: Ayes, 28; attending legislative Ringo, Whitsett; excused, 1 – Nelson. Bill passed. business, 2 – Carter, Schrader. Bill repassed. (Metsger in Chair) HB 2050, 2180, 2408, 2429, 2527, 2656, 3073, 3093, 3319, 3352, 3472, 3491, 3495 -- Carried over to Rules suspended by unanimous consent in order July 11 calendar by unanimous consent at the request that the Senate may take en bloc action on the of the Chair. confirmation of the following appointments on motion of Ringo. SB 44, 45, 62, 91, 128, 181, 243, 392, 424, 699, 965, 1039, 1047 -- President Courtney signed on July 8. Appraiser Certification and Licensure Board Senate adjourned until 10:00 a.m. Monday by Sara Fraser unanimous consent at the request of the Chair. Commission for the Blind Monday, July 11, 2005 -- Morning Session Donald Dartt (r) Joyce Green Senate convened at 10:00 a.m. President Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Construction Contractors Board Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Dennis Schad (r) Kruse, Metsger, Monnes Anderson, Morrisette, Morse, Nelson, Prozanski, Ringo, Shields, Starr, B., State Board of Direct Entry Midwifery Starr, C., Verger, Walker, Westlund, Whitsett, Winters; attending legislative business -- Carter, Michele Bouche (r) Schrader. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Avel Trustees of the State Library Gordly, Portland. Sue Burkholder SB 65, 671, 1032 -- Message from the House announcing passage. Outdoor Youth Program Advisory Board SJR 34 -- Message from the House announcing Robert Cooley (r) adoption. Peter Green (r) SB 27, 31, 489 -- Message from the House announcing passage as amended by the House. Oregon Patient Safety Commission Board of HB 2113, 2247, 2340, 3329 -- Message from the Directors House announcing concurrence in Senate Judith Hibbard (r) amendments and repassage. Bruce Johnson (r) George Miller (r) SENATE JOURNAL SJ-211

SB 1057 -- Moved to the foot of today's third Board on Public Safety Standards and Training reading calendar by unanimous consent at the request of the Chair. Harold Burke-Sivers (r) Larry Goff SB 1068 A-Eng. -- Read third time. Carried by Robert King (r) Ringo. On passage of bill the vote was: Ayes, 26; Wanda Sorenson attending legislative business, 4 – Brown, Carter, Schrader, President Courtney. Bill passed. Robert Tardiff (r) SB 1074 A-Eng. -- Read third time. Carried by Sustainability Board Prozanski. On passage of bill the vote was: Ayes, 21; nays, 9 – Burdick, Carter, Johnson, Monnes Trey Senn Anderson, Morrisette, Schrader, Shields, Starr, C., Walker. Bill passed. Oregon Tourism Commission HB 2078, 2599, 3092, 3168 -- Read second time Jeffery Jobe and passed to third reading. HB 2050 B-Eng. -- Read third time. Carried by Oregon Transportation Commission Ringo. On passage of bill the vote was: Ayes, 30. Bill Randall Pape (r) passed. HB 2180 A-Eng. -- Read third time. Carried by Oregon Watershed Enhancement Board Ferrioli. On passage of bill the vote was: Ayes, 30. Bobby Brunoe (r) Bill passed. Jim Nakano HB 2408 B-Eng. -- Read third time. Carried by Patricia Smith Brown. On passage of bill the vote was: Ayes, 30. Helen Westbrook Bill passed. HB 2429 B-Eng. -- Read third time. Carried by Commission for Women Ringo. On passage of bill the vote was: Ayes, 30. Bill Ellie McPeak passed. Under rules suspension, Ringo moved that the HB 2527 A-Eng. -- Read third time. Carried by Senate confirm en bloc the Governor’s appointments Atkinson. On passage of bill the vote was: Ayes, 30. as listed in the motion to suspend the rules. On Bill passed. confirmation the vote was: Ayes, 28; attending SB 5586; 1057; HB 2103, 2120, 2656, 3073, 3093, legislative business, 2 – Carter, Schrader. Confirmed 3230, 3319, 3352, 3472, 3491, 3495 -- Carried over to en bloc. July 12 calendar by unanimous consent at the request SB 1094 -- Introduced, read first time and of the Chair. referred to President’s desk. The following measures were referred to SB 5538 A-Eng. -- Read third time. Carried by committee on July 8 and recorded on Committee Gordly. On passage of bill the vote was: Ayes, 20; Referral List No. 53 which was distributed to nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, members. Referral list recorded in the Journal and Ringo, Starr, C., Whitsett; attending legislative Status Report by order of the President. business, 2 – Carter, Schrader. Bill passed. SB 1093 Rules; Budget SB 5581 A-Eng. -- Read third time. Carried by SB 1100 Budget Bates. On passage of bill the vote was: Ayes, 17; HJM 37 Rules nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 2671 Rules Ringo, Starr, B., Starr, C., Whitsett; attending legislative business, 4 – Brown, Carter, Schrader, SB 323, 785, 920, 955; HB 5157 -- President President Courtney. Bill passed. Courtney signed on July 11. SB 5586 -- Moved to the foot of today's third Senate adjourned until 10:00 a.m. Tuesday by reading calendar by unanimous consent on motion of unanimous consent at the request of the Chair. Bates. Tuesday, July 12, 2005 -- Morning Session SB 420 B-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 23; Senate convened at 10:00 a.m. President nays, 3 – Beyer, Kruse, Nelson; attending legislative Courtney in Chair. The following members were business, 4 – Brown, Carter, Schrader, President present: Atkinson, Bates, Beyer, Brown, Burdick, Courtney. Bill passed. Carter, Deckert, Devlin, Ferrioli, George, Gordly, SB 954 -- Bill read. Carried by Devlin. Johnson, Kruse, Metsger, Monnes Anderson, Rereferred to Special Committee on Budget by voice Morrisette, Morse, Nelson, Prozanski, Ringo, vote on motion of Devlin. Schrader, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters; attending legislative business -- Shields. Colors were posted and the

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Senate pledged allegiance to the flag. Invocation by HB 5171 -- Report by Special Committee on Senator Bruce Starr, Hillsboro. Budget recommending passage with amendments to the A-Engrossed bill. SB 5555, 5565, 5573, 5576, 5593, 5594, 5608, 5613, 5622; 119, 364, 853, 1050; HB 2181, 2461, 2797, Committee Report Summary No. 135 listing the 3049, 3502 -- Message from the House announcing following reports was distributed to members today. passage. Summary list recorded in Journal and Status Report by order of the President. SB 117, 123, 342, 479, 1025, 1034 -- Message from the House announcing passage as amended by HB 2458 -- Report by Conference Committee the House. signed by Senators Nelson, Ringo, Shields and Representatives Garrard, Jenson, Ackerman HB 5114, 5122, 5130; 2717, 2932, 3260 -- recommending that the House concur in Senate Message from the House announcing concurrence in amendments dated June 13 and that the A-engrossed Senate amendments and repassage. bill be further amended and repassed. HB 3143 -- Message from the House SB 5612 -- Report by Special Committee on announcing refusal to concur in Senate amendments. Budget recommending passage of the A-Engrossed House conferees to be appointed. bill. SB 782 -- Message from the House announcing SB 1088 -- Report by Special Committee on Boone, Butler, Dalto appointed House conferees. Budget recommending passage. HB 2167 -- Message from the House SB 1092 -- Report by Special Committee on announcing Ackerman, Kitts, Smith, G. appointed Budget recommending passage. House conferees. HB 5080 -- Report by Special Committee on HB 3143 -- Message from the House Budget recommending passage of the A-Engrossed announcing Lim, Schaufler, Smith, G. appointed bill. House conferees. HB 5085 -- Report by Special Committee on HB 3145 -- Message from the House Budget recommending passage of the A-Engrossed announcing Dallum, Krummel, Wirth appointed bill. House conferees. HB 5118 -- Report by Special Committee on HCR 17; HB 5157; 2136, 2322, 2480, 2507, 2681, Budget recommending passage of the A-Engrossed 2706, 2754, 2776, 2833, 2862, 2933, 2945, 3075, 3174, bill. 3179, 3443 -- Message from the House announcing the Speaker signed on July 11. HB 5121 -- Report by Special Committee on Budget recommending passage of the A-Engrossed Committee Report Summary No. 133 listing the bill. following reports was distributed to members June 11. Summary list recorded in Journal and Status HB 5149 -- Report by Special Committee on Report by order of the President. Budget recommending passage of the A-Engrossed bill. SB 1083 -- Report by Committee on Revenue recommending passage with amendments. HB 2052 -- Report by Special Committee on Budget recommending passage. HB 2561 -- Report by Committee on Rules recommending passage with amendments to the A- HB 2107 -- Report by Special Committee on Engrossed bill. Budget recommending passage of the A-Engrossed bill. HB 3379 -- Report by Committee on Rules recommending passage with amendments. Committee Report Summary No. 136 listing the following reports was distributed to members today. Committee Report Summary No. 134 listing the Summary list recorded in Journal and Status Report following reports was distributed to members June by order of the President. 11. Summary list recorded in Journal and Status Report by order of the President. HB 2339 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. SB 5546 -- Report by Special Committee on Budget recommending passage with amendments. SM 3 -- Introduced, read first time and referred to President’s desk. SB 5548 -- Report by Special Committee on Budget recommending passage with amendments. SB 5546, 5548, 5584, 5612; 82, 1083, 1088, 1092 -- Read second time and passed to third reading. SB 5584 -- Report by Special Committee on Budget recommending passage with amendments. SB 5586 A-Eng. -- Read third time. Carried by Bates. Call of the Senate demanded by Bates joined SB 82 -- Report by Special Committee on by Brown and Gordly. All present except Shields, Budget recommending passage with amendments to attending legislative business. Pending arrival of the A-Engrossed bill. member subject to the Call, Senate at ease. All present. Senate reassembled. On passage of bill the vote was: Ayes, 18; nays, 12 – Atkinson, Beyer, SENATE JOURNAL SJ-213

Ferrioli, George, Kruse, Morse, Ringo, Starr, B., HB 3230 C-Eng. -- Read third time. Carried by Starr, C., Westlund, Whitsett, Winters. Bill passed. Carter. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Shields. Bill SB 1057 -- Bill read. Carried by Brown. Taken passed. from today's third reading calendar and rereferred to Committee on Rules on motion of Brown. The vote HB 2078 A-Eng. -- Read third time. Carried by was: Ayes, 16; nays, 13 – Atkinson, Beyer, Ferrioli, Atkinson. On passage of bill the vote was: Ayes, 27; George, Kruse, Metsger, Monnes Anderson, nays, 1 – Schrader; absent, 1 – Metsger; attending Prozanski, Starr, B., Starr, C., Westlund, Whitsett, legislative business, 1 – Shields. Bill passed. Winters; attending legislative business, 1 – Shields. Motion carried. HB 2599 C-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 30. Bill HB 2181, 2461, 2797, 3049, 3502 -- Read first passed. time and referred to President’s desk. HB 3092 C-Eng. -- Bill read. Carried by HB 5080, 5085, 5118, 5121, 5149, 5171; 2052, Ferrioli. On passage of bill the vote was: Ayes, 27; 2107, 2339, 2561, 3379 -- Read second time and nays, 3 – Beyer, Kruse, Schrader. Bill passed. passed to third reading. HB 3168 A-Eng. -- Read third time. Carried by HB 2656 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 30. Ferrioli. Potential conflict of interest declared by Bill passed. Beyer. On passage of bill the vote was: Ayes, 25; nays, 4 – Brown, Carter, Nelson, Westlund; attending HB 2167 -- Atkinson, Brown, Ringo appointed legislative business, 1 – Shields. Bill passed. Senate conferees. Westlund, granted unanimous consent to change from HB 3143 -- Johnson, Metsger, Westlund aye to nay. appointed Senate conferees. HB 3073 B-Eng. -- Read third time. Carried by HB 3145 -- Metsger, Nelson, Shields appointed Brown. On passage of bill the vote was: Ayes, 29; Senate conferees. attending legislative business, 1 – Shields. Bill passed. HCR 9, 17; HJM 13, 15, 16, 18, 25; HB 2136, 2322, 2480, 2507, 2681, 2706, 2754, 2776, 2833, 2862, HB 3093 B-Eng. -- Read third time. Carried by 2933, 2945, 3075, 3174, 3179, 3443 -- President Ringo. On passage of bill the vote was: Ayes, 28; Courtney signed on July 12. attending legislative business, 2 – Nelson, Shields. Bill passed. Senate adjourned until 10:00 a.m. Wednesday by unanimous consent at the request of the Chair. HB 3319 B-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 28; Wednesday, July 13, 2005 -- Morning Session attending legislative business, 2 – Nelson, Shields. Bill passed. Senate convened at 10:00 a.m. President Pro HB 3352 -- Bill read. Carried by Ringo. Taken Tempore Carter in Chair. The following members from today’s third reading calendar and placed on were present: Atkinson, Bates, Beyer, Brown, July 18 calendar by voice vote on motion of Ringo. President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, HB 3472 A-Eng. -- Read third time. Carried by Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Ringo. On passage of bill the vote was: Ayes, 28; Starr, B., Starr, C., Verger, Walker, Westlund, attending legislative business, 2 – Nelson, Shields. Whitsett, Winters; attending legislative business -- Bill passed. Prozanski; excused -- Burdick. Colors were posted HB 3491 A-Eng. -- Read third time. Carried by and the Senate pledged allegiance to the flag. Brown. On passage of bill the vote was: Ayes, 28; Invocation by Senator Laurie Monnes Anderson, excused, 1 – Gordly; attending legislative business, 1 Gresham. – Shields. Bill passed. Senate recessed until 10:45 a.m. by unanimous HB 3495 A-Eng. -- Read third time. Carried by consent on motion of Brown. Ringo. On passage of bill the vote was: Ayes, 27; Senate reconvened at 10:45 a.m. President Pro nays, 1 – Schrader; excused, 1 – Gordly; attending Tempore Carter in Chair. All present except Burdick, legislative business, 1 – Shields. Bill passed. excused. HB 2103 B-Eng. -- Read third time. Carried by Senate, having recessed following the order of Brown. On passage of bill the vote was: Ayes, 25; Remonstrances, resumed under the general order of nays, 4 – George, Schrader, Starr, B., Starr, C.; business by unanimous consent at the request of the attending legislative business, 1 – Shields. Bill Chair. passed. SCR 9; SB 5534, 5535; 44, 45, 62, 91, 128, 181, HB 2120 B-Eng. -- Read third time. Carried by 199, 243, 323, 392, 424, 577, 699, 785, 786, 920, 955, Nelson. Potential conflict of interest declared by 965, 978, 1039, 1047; HCR 9, 13, 17; HJM 7, 13, 15, Morse. On passage of bill the vote was: Ayes, 28; 16, 18, 25; HJR 25; HB 5084, 5109, 5125, 5138, 5141; nays, 1 – Schrader; attending legislative business, 1 – 2077, 2144, 2191, 2210, 2212, 2221, 2224, 2230, 2269, Shields. Bill passed. 2282, 2299, 2359, 2404, 2596, 2614, 2772, 2811, 2840,

SJ-214 SENATE JOURNAL

3127, 3358, 3419, 3468, 3482 -- Message from the George, Kruse, Morse, Nelson, Starr, B., Starr, C., House announcing the Speaker signed on July 12. Westlund, Whitsett, Winters; excused, 1 – Burdick. Motion carried. Committee Report Summary No. 137 listing the following reports was distributed to members July 12. SB 117 A-Eng. -- Metsger moved that the Summary list recorded in Journal and Status Report Senate concur in House amendments and repass bill. by order of the President. On concurrence and repassage the vote was: Ayes, 27; nays, 2 – Beyer, George; excused, 1 – Burdick. Bill HB 2800 -- Report by Committee on Rules repassed. recommending passage with amendments to the A- Engrossed bill. SB 123 A-Eng. -- Metsger moved that the Senate concur in House amendments and repass bill. HB 3481 -- Report by Committee on Revenue On concurrence and repassage the vote was: Ayes, 28; recommending passage with amendments to the B- nays, 1 – Beyer; excused, 1 – Burdick. Bill repassed. Engrossed bill. SB 342 B-Eng. -- Schrader moved that the Committee Report Summary No. 138 listing the Senate concur in House amendments and repass bill. following reports was distributed to members today. On concurrence and repassage the vote was: Ayes, 29; Summary list recorded in Journal and Status Report excused, 1 – Burdick. Bill repassed. by order of the President. SB 479 C-Eng. -- Metsger moved that the HJM 37 -- Report by Committee on Rules Senate concur in House amendments and repass bill. recommending adoption. On concurrence and repassage the vote was: Ayes, 29; HB 2154 -- Report by Committee on Rules excused, 1 – Burdick. Bill repassed. recommending passage. HCR 6 -- Taken from today’s third reading HB 2539 -- Report by Committee on Rules calendar and placed on July 20 calendar by voice vote without recommendation as to passage and on motion of Brown. requesting referral to Special Committee on Budget. SB 1095 -- Introduced, read first time and Referred to Special Committee on Budget by order of referred to President’s desk. the President. SB 5546 A-Eng. -- Read third time. Carried by HB 2566 -- Report by Committee on Rules Shields. On passage of bill the vote was: Ayes, 22; recommending passage of the A-Engrossed bill. nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, HB 2581 -- Report by Committee on Rules Starr, B., Starr, C.; excused, 1 – Burdick. Bill passed. recommending passage. SB 5548 A-Eng. -- Read third time. Carried by HB 2591 -- Report by Committee on Rules Westlund. On passage of bill the vote was: Ayes, 22; recommending passage of the A-Engrossed bill. nays, 7 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C.; excused, 1 – Burdick. Bill passed. HB 3494 -- Report by Committee on Rules recommending passage with amendments. SB 5584 A-Eng. -- Read third time. Carried by Devlin. Potential conflict of interest declared by SB 27 B-Eng. -- Brown moved that the Senate Whitsett. On passage of bill the vote was: Ayes, 24; concur in House amendments and repass bill. Call nays, 5 – Atkinson, Beyer, Ferrioli, George, Kruse; of the Senate demanded by Brown joined by Courtney excused, 1 – Burdick. Bill passed. and Monnes Anderson. All present except Burdick, excused. Further proceedings under the Call SB 5612 A-Eng. -- Bill read. Carried by Bates. terminated by unanimous consent at the request of On passage of bill the vote was: Ayes, 20; nays, 9 – the Chair. All present except Burdick, excused. On Atkinson, Beyer, Ferrioli, George, Kruse, Ringo, concurrence and repassage the vote was: Ayes, 27; Starr, B., Starr, C., Whitsett; excused, 1 – Burdick. nays, 2 – George, Schrader; excused, 1 – Burdick. Bill Bill passed. repassed. SB 5612 -- Prozanski requested the following SB 27 -- Schrader requested the following explanation of vote be entered into the journal: explanation of vote be entered into the journal: “I disagree with the legislature when it adds budget “I voted no on SB 27 because the Legislative Fiscal notes in an agency's budget that micromanage the Office should be on the initiative price tag team. They are operations of that agency. I voted yes on SB 5612 to move the office, the only office, which understands and writes the bill to a conference committee. Hopefully, the fiscal statements. It is ridiculous to have a fiscal impact committee will either remove the current budget note or team, not one member of which including the Legislative will re-work it to ensure that the legislature is not Revenue Office, that has any experience in writing a fiscal micromanaging the daily operations of the agency. impact statement. “I also supported the bill to allow Oregon to “I support the policy of making Oregonians aware of participate in the federal Forest Legacy Program. It was the cost of initiatives. However, those making the decision surprising to learn that Oregon was the only state that must have some fiscal expertise.” refused federal funding last session. If a private landowner wants to participate in this program, why should the SB 31 A-Eng. -- Senate refused to concur in legislature prohibit that individual from doing so?” House amendments on motion of Deckert. The vote was: Ayes, 17; nays, 12 – Atkinson, Beyer, Ferrioli, SENATE JOURNAL SJ-215

SB 82 B-Eng. -- Read third time. Carried by July 13, 2005 Bates. On passage of bill the vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Starr, C., Whitsett; excused, 1 – Burdick. TO THE HONORABLE PRESIDENT OF THE SENATE Bill passed. OF THE 73rd LEGISLATIVE ASSEMBLY SB 1083 A-Eng. -- Read third time. Carried by ORS 469.450 provides that the Governor shall appoint the Schrader. Potential conflict of interest declared by members of the Energy Facility Siting Council, subject to Senate confirmation, in the manner provided by ORS Beyer, George, Kruse, Schrader. On passage of bill 171.562 and ORS 171.565. the vote was: Ayes, 25; nays, 4 – Morrisette, Ringo, Shields, Walker; excused, 1 – Burdick. Bill passed. I reappoint Martha Dibblee of Portland to the Energy Facility Siting Council for a four-year term beginning July SB 1088 -- Read third time. Carried by Bates. 1, 2005, and ending June 30, 2009, effective upon Senate On passage of bill the vote was: Ayes, 29; excused, 1 – confirmation. Burdick. Bill passed. This appointment is submitted for your consideration. SB 1092 -- Read third time. Carried by Johnson. On passage of bill the vote was: Ayes, 26; Sincerely, nays, 3 – Atkinson, Beyer, Kruse; excused, 1 – Theodore R. Kulongoski Burdick. Bill passed. Governor

HJM 37; HB 2154, 2566, 2581, 2591, 2800, 3481 July 13, 2005 -- Read second time and passed to third reading. HB 5080, 5085, 5118, 5121, 5149, 5171; 2052, TO THE HONORABLE PRESIDENT OF THE SENATE 2107, 2339, 2561, 3379 -- Carried over to July 14 OF THE 73rd LEGISLATIVE ASSEMBLY calendar by unanimous consent at the request of the ORS 342.930 provides that the Governor shall appoint the Chair. members of the Fair Dismissal Appeals Board, subject to The following measures were referred to Senate confirmation, in the manner provided by ORS committee on July 12 and recorded on Committee 171.562 and ORS 171.565. Referral List No. 54 which was distributed to I reappoint Carolyn Ramey of Seaside to the Fair Dismissal members. Referral list recorded in the Journal and Appeals Board for a four-year term beginning July 1, 2005, Status Report by order of the President. and ending June 30, 2009, effective upon Senate confirmation. SM 3 Rules This appointment is submitted for your consideration. SB 1094 Rules Sincerely, HB 2181 Rules Theodore R. Kulongoski HB 2461 Rules Governor HB 2797 Budget HB 3049 Budget July 13, 2005 HB 3502 Budget TO THE HONORABLE PRESIDENT OF THE SENATE HB 2306 -- Beyer, Burdick, Monnes Anderson OF THE 73rd LEGISLATIVE ASSEMBLY appointed Senate conferees. ORS 342.930 provides that the Governor shall appoint the Senate adjourned until 10:00 a.m. Thursday by members of the Fair Dismissal Appeals Board, subject to unanimous consent at the request of the Chair. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Thursday, July 14, 2005 -- Morning Session I reappoint Bob Weil of Portland to the Fair Dismissal Appeals Board for a four-year term beginning July 1, 2005, Senate convened at 10:00 a.m. President and ending June 30, 2009, effective upon Senate Courtney in Chair. The following members were confirmation. present: Atkinson, Bates, Beyer, Brown, Burdick, This appointment is submitted for your consideration. Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, Sincerely, Theodore R. Kulongoski Morrisette, Morse, Nelson, Prozanski, Ringo, Governor Schrader, Shields, Starr, B., Starr, C., Verger, Westlund, Whitsett, Winters; absent -- Walker. July 13, 2005 Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Gary George, McMinnville. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY SB 89, 118, 198, 568, 693, 855, 913, 962, 1012 -- Message from the Governor announcing he signed on ORS 410.602 provides that the Governor shall appoint the July 14. members of the Home Care Commission, subject to Senate confirmation, in the manner provided by ORS 171.562 and The following messages from the Governor were ORS 171.565. read and referred to the President's desk: I appoint Scott Lay of Portland to the Home Care Commission for an unexpired three-year term beginning

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August 1, 2005, and ending April 30, 2007, effective upon TO THE HONORABLE PRESIDENT OF THE SENATE Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 458.555 provides that the Governor shall appoint the members of the Oregon Commission for Voluntary Action Sincerely, and Service, subject to Senate confirmation, in the manner Theodore R. Kulongoski provided by ORS 171.562 and ORS 171.565. Governor I appoint Matthew Fisher of Portland to the Oregon July 13, 2005 Commission for Voluntary Action and Service for a three- year term beginning August 1, 2005, and ending July 31, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration.

ORS 181.620 provides that the Governor shall appoint the Sincerely, members of the Board on Public Safety Standards and Theodore R. Kulongoski Training, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I appoint Mark Prince of Independence to the Board on Public Safety Standards and Training for a three-year term July 13, 2005 beginning August 1, 2005, and ending June 30, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY ORS 458.555 provides that the Governor shall appoint the Sincerely, members of the Oregon Commission for Voluntary Action Theodore R. Kulongoski and Service, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I appoint Jack Lorts of Fossil to the Oregon Commission for July 13, 2005 Voluntary Action and Service for an unexpired three-year term beginning August 1, 2005, and ending September 30, TO THE HONORABLE PRESIDENT OF THE SENATE 2005, effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 462.210 provides that the Governor shall appoint the members of the Oregon Racing Commission, subject to Sincerely, Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor I reappoint Todd Thorne of Pendleton to the Oregon Racing Commission for a four-year term beginning June 1, 2005, July 13, 2005 and ending May 31, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY ORS 458.555 provides that the Governor shall appoint the Sincerely, members of the Oregon Commission for Voluntary Action Theodore R. Kulongoski and Service, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I reappoint Jack Lorts of Fossil to the Oregon Commission July 13, 2005 for Voluntary Action and Service for a three-year term beginning October 1, 2005, and ending September 30, 2008, TO THE HONORABLE PRESIDENT OF THE SENATE effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 184.612 provides that the Governor shall appoint the members of the Oregon Transportation Commission, subject Sincerely, to Senate confirmation, in the manner provided by ORS Theodore R. Kulongoski 171.562 and ORS 171.565. Governor I reappoint Stuart Foster of Medford to the Oregon Transportation Commission for a four-year term beginning July 13, 2005 July 1, 2005, and ending June 30, 2009, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY ORS 458.555 provides that the Governor shall appoint the Sincerely, members of the Oregon Commission for Voluntary Action Theodore R. Kulongoski and Service, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. I appoint of Portland to the Oregon July 13, 2005 Commission for Voluntary Action and Service for a three- SENATE JOURNAL SJ-217

year term beginning August 1, 2005, and ending July 31, (appearance waived), Eric Meyer (appearance waived) 2008, effective upon Senate confirmation. and Eric Swanson (appearance waived) to the Board This appointment is submitted for your consideration. on Public Safety Standards and Training be confirmed en bloc.

Sincerely, Report by Committee on Rules recommending Theodore R. Kulongoski that the Governor’s reappointment of Sara Vickerman Governor (appearance waived) to the Sustainability Board be confirmed. Committee Report Summary No. 139 listing the following reports was distributed to members July 13. Report by Committee on Rules recommending Summary list recorded in Journal and Status Report that the Governor’s reappointments of Katy Coba by order of the President. (appearance waived) and Joe D’Alessandro (appearance waived) to the Oregon Tourism Report by Committee on Rules recommending Commission be confirmed en bloc. that the Governor’s appointments of Rich Brown (a) and (r), Rebecca Hernandez and Jean Phelps to the Report by Committee on Rules recommending State Commission on Children and Families be that the Governor’s reappointments of George confirmed en bloc. Richardson (appearance waived) and Tiffany Sweitzer (appearance waived) to the Tri-Met Board be Report by Committee on Rules recommending confirmed en bloc. that the Governor’s reappointments of Betty Griffith (appearance waived) and Holly Scholles (appearance Committee Report Summary No. 140 listing the waived) to the State Board of Direct Entry Midwifery following reports was distributed to members July 13. be confirmed en bloc. Summary list recorded in Journal and Status Report by order of the President. Report by Committee on Rules recommending that the Governor’s reappointments of Pamela Hulse SB 106 -- Report by Conference Committee, Andrews (appearance waived), Carl Talton signed by Senators Burdick, Beyer, Prozanski and (appearance waived) and Walter Van Valkenburg Representatives Krieger, Barker, Olson, (appearance waived) to the Oregon Economic and recommending the House concur in Senate Community Development Commission be confirmed amendments dated June 14 and that the bill be en bloc. further amended and repassed. Report by Committee on Rules recommending HB 2056 -- Report by Committee on Rules that the Governor’s appointment of Sarah Owens to without recommendation as to passage. Referred to the Employment Appeals Board be confirmed. Special Committee on Budget by prior reference. Report by Committee on Rules recommending HB 2234 -- Report by Committee on Revenue that the Governor’s reappointments of Bridget Burns recommending passage with amendments to the C- (appearance waived), Howard Sohn (appearance Engrossed bill. waived) and Tony Van Vliet (appearance waived) to HB 2542 -- Report by Committee on Revenue the State Board of Higher Education be confirmed en recommending passage with amendments to the A- bloc. Engrossed bill. Minority Report, signed by Starr, C., Report by Committee on Rules recommending George, recommending passage with different that the Governor’s appointment of Jeana Woolley to amendments to the A-Engrossed bill. the State Housing Council be confirmed. HB 3486 -- Report by Committee on Rules Report by Committee on Rules recommending recommending passage. Referred to Special that the Governor’s reappointment of Yvonne Committee on Budget by prior reference. Williams (appearance waived) to the Trustees of the Report by Committee on Rules recommending State Library be confirmed. that the Governor's reappointment of Adriana Report by Committee on Rules recommending Mendoza (appearance waived) to the State Board of that the Governor’s appointment of Richard Allen to Higher Education be confirmed. the State Marine Board be confirmed. Committee Report Summary No. 141 listing the Report by Committee on Rules recommending following reports was distributed to members today. that the Governor’s reappointment of Cathryn Lew Summary list recorded in Journal and Status Report (appearance waived) to the State Board of Pharmacy by order of the President. be confirmed. SB 1089 -- Report by Committee on Rules Report by Committee on Rules recommending recommending passage. that the Governor’s reappointments of Steve Corey HB 3090 -- Report by Committee on Rules (appearance waived), Judith Johansen (appearance recommending passage with amendments to the A- waived) and Junki Yoshida (appearance waived) to Engrossed bill. the Board of Commissioners of the Port of Portland be confirmed en bloc. SB 489 B-Eng. -- Brown moved that the Senate concur in House amendments and repass bill. On Report by Committee on Rules recommending concurrence and repassage the vote was: Ayes, 22; that the Governor’s reappointments of Erik Kvarsten

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absent, 4 – Burdick, Deckert, Starr, C., Walker; Oregon Tourism Commission excused, 2 – Carter, Devlin; attending legislative business, 2 – Gordly, Prozanski. Bill repassed. Katy Coba (r) Joe D Alessandro (r) Rules suspended by unanimous consent in order that the Senate may take en bloc action on the Tri-Met Board confirmation of the following appointments on motion of Ferrioli. George Richardson (r) Tiffany Sweitzer (r) State Commission on Children and Families Rich Brown (a) and (r) Under rules suspension, Ferrioli moved that the Rebecca Hernandez Senate confirm en bloc the Governor’s appointments Jean Phelps as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 22; nays, 2 – Beyer, Kruse; absent, 2 – Starr, C., Walker; excused, 1 – State Board of Direct Entry Midwifery Carter; attending legislative business, 3 – Gordly, Betty Griffith (r) Prozanski, President Courtney. Confirmed en bloc. Holly Scholles (r) Kruse granted unanimous consent to change vote to nay. (Metsger in Chair) Oregon Economic and Community Development SB 1096 -- Introduced, read first time and Commission referred to President’s desk. Pamela Hulse Andrews (r) SB 1089 -- Read second time and passed to Carl Talton (r) third reading. Walter Van Valkenburg (r) HB 2234, 2542, 3494 -- Read second time and passed to third reading. Employment Appeals Board HB 5080 -- Moved to the foot of today's third Sarah Owens reading calendar by unanimous consent at the request of the Chair. State Board of Higher Education HB 5085 A-Eng. -- Read third time. Carried by Bridget Burns (r) Morse. On passage of bill the vote was: Ayes, 23; Adriana Mendoza (r) nays, 1 – Atkinson; absent, 2 – Starr, C., Walker; Howard Sohn (r) excused, 1 – Carter; attending legislative business, 3 Tony Van Vliet (r) – Gordly, Prozanski, President Courtney. Bill passed. HB 5118 A-Eng. -- Read third time. Carried by State Housing Council Devlin. On passage of bill the vote was: Ayes, 23; Jeana Woolley nays, 1 – Atkinson; absent, 2 – Starr, C., Walker; excused, 1 – Carter; attending legislative business, 3 – Gordly, Prozanski, President Courtney. Bill passed. Trustees of the State Library HB 5121 A-Eng. -- Read third time. Carried by Yvonne Williams (r) Schrader. On passage of bill the vote was: Ayes, 24; nays, 1 – Atkinson; absent, 2 – Starr, C., Walker; State Marine Board excused, 1 – Carter; attending legislative business, 2 Richard Allen – Gordly, Prozanski. Bill passed. Senate reverted to the order of Propositions and State Board of Pharmacy Motions by unanimous consent at the request of the Chair. Cathryn Lew (r) HB 3481 -- Taken from today's third reading Board of Commissioners of the Port of Portland calendar and rereferred to Committee on Revenue by voice vote on motion of Deckert. Steve Corey (r) Judith Johansen (r) Senate resumed under the general order of Junki Yoshida (r) business by unanimous consent at the request of the Chair. Board on Public Safety Standards and Training HB 5149 A-Eng. -- Read third time. Carried by Westlund. On passage of bill the vote was: Ayes, 20; Erik Kvarsten (r) nays, 6 – Atkinson, Beyer, George, Kruse, Starr, B., Eric Meyer (r) Starr, C.; absent, 1 – Walker; excused, 1 – Carter; Eric Swanson (r) attending legislative business, 2 – Gordly, Prozanski. Bill passed. Sustainability Board HB 5171 B-Eng. -- Read third time. Carried by Sara Vickerman (r) Schrader. On passage of bill the vote was: Ayes, 21; SENATE JOURNAL SJ-219 nays, 6 – Atkinson, Beyer, George, Kruse, Starr, B., SJR 34; SB 5555, 5565, 5573, 5576, 5593, 5594, Verger; absent, 1 – Walker; attending legislative 5608, 5613, 5622; 65, 81, 119, 364, 671, 853, 1032, business, 2 – Gordly, Prozanski. Bill passed. 1050; HCR 13; HJM 7; HJR 25; HB 5084, 5109, 5125, 5138, 5141; 2077, 2144, 2191, 2210, 2212, 2221, 2224, HB 2052 -- Read third time. Carried by Morse. 2230, 2269, 2282, 2299, 2359, 2404, 2596, 2614, 2772, On passage of bill the vote was: Ayes, 23; nays, 4 – 2811, 2840, 3127, 3358, 3419, 3468, 3482 -- Beyer, Kruse, Starr, B., Whitsett; absent, 1 – Walker; President Courtney signed on July 14. attending legislative business, 2 – Gordly, Prozanski. Bill passed. Senate adjourned until 10:00 a.m. Monday by unanimous consent at the request of the Chair. HB 2107 A-Eng. -- Read third time. Carried by Johnson. On passage of bill the vote was: Ayes, 24; nays, 2 – Beyer, Kruse; absent, 1 – Walker; attending Monday, July 18, 2005 -- Morning Session legislative business, 3 – George, Gordly, Prozanski. Bill passed. Senate convened at 10:00 a.m. President Courtney in Chair. The following members were HB 2339 A-Eng. -- Read third time. Carried by present: Atkinson, Bates, Beyer, Brown, Burdick, Starr, B. On passage of bill the vote was: Ayes, 24; Carter, Deckert, Devlin, Ferrioli, George, Gordly, nays, 2 – Beyer, Kruse; absent, 1 – Walker; attending Johnson, Kruse, Metsger, Monnes Anderson, legislative business, 3 – George, Gordly, Prozanski. Morrisette, Morse, Nelson, Prozanski, Ringo, Bill passed. Schrader, Shields, Starr, B., Starr, C., Verger, HB 2561 B-Eng. -- Read third time. Carried by Walker, Westlund, Whitsett, Winters. Colors were Shields. On passage of bill the vote was: Ayes, 27; posted and the Senate pledged allegiance to the flag. absent, 1 – Walker; attending legislative business, 2 – Invocation by Senator Frank Morse, Corvallis. George, Prozanski. Bill passed. SB 5534, 5535; 44, 45, 62, 91, 128, 181, 199, 243, HB 3379 A-Eng. -- Read third time. Carried by 323, 392, 424, 577, 699, 785, 786, 920, 955, 965, 978, Ringo. On passage of bill the vote was: Ayes, 24; 1039, 1047, 1064 -- Message from the Governor nays, 1 – Whitsett; absent, 1 – Walker; attending announcing he signed on July 15. legislative business, 4 – Carter, George, Prozanski, HB 2009 -- Message from the House President Courtney. Bill passed. announcing passage. Senate at ease. Senate reassembled. HB 5171; 2050, 2078, 2103, 2120, 2408, 2429, HJM 37 -- Read final time. Carried by Ferrioli. 2561, 2599, 2800, 3073, 3092, 3168, 3230, 3319 -- On adoption of memorial, the vote was: Ayes, 26; Message from the House announcing concurrence in nays, 1 – Schrader; absent, 1 – Walker; attending Senate amendments and repassage. legislative business, 2 – George, Prozanski. Memorial HB 3093, 3262 -- Message from the House adopted. announcing House refusal to concur in Senate HB 2154 -- Read third time. Carried by amendments. Conferees to be appointed. Shields. On passage of bill the vote was: Ayes, 28; SB 863 -- Message from the House announcing absent, 1 – Walker; attending legislative business, 1 – Ackerman, Garrard, Kitts appointed House conferees. Prozanski. Bill passed. SJR 34; SB 5555, 5565, 5573, 5576, 5593, 5594, HB 2566 A-Eng. -- Read third time. Carried by 5608, 5613, 5622; 65, 81, 119, 364, 671, 853, 1032, Ringo. On passage of bill the vote was: Ayes, 25; 1050; HB 5114, 5115, 5122, 5126, 5127, 5130, 5137, nays, 3 – Beyer, Schrader, Whitsett; absent, 1 – 5140, 5146, 5166, 5170, 5172, 5173; 2069, 2089, 2104, Walker; attending legislative business, 1 – Prozanski. 2113, 2117, 2123, 2159, 2180, 2186, 2233, 2247, 2340, Bill passed. 2527, 2593, 2656, 2717, 2932, 3083, 3260, 3329, 3350, HB 2581 -- Read third time. Carried by 3472, 3479, 3491, 3495 -- Message from the House Shields. Potential conflict of interest declared by announcing the Speaker signed on July 14. George. On passage of bill the vote was: Ayes, 29; Committee Report Summary No. 142 listing the absent, 1 – Walker. Bill passed. following reports was distributed to members July 14. HB 2591 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Ferrioli. On passage of bill the vote was: Ayes, 29; by order of the President. absent, 1 – Walker. Bill passed. SB 359 -- Report by Special Committee on HB 2800 B-Eng. -- Read third time. Carried by Budget recommending passage with amendments to Shields. Potential conflict of interest declared by the A-Engrossed bill. Metsger. On passage of bill the vote was: Ayes, 27; HB 5129 -- Report by Special Committee on nays, 2 – Beyer, Kruse; absent, 1 – Walker. Bill Budget recommending passage with amendments to passed. the A-Engrossed bill. HB 5080 A-Eng. -- Read third time. Carried by Committee Report Summary No. 143 listing the Gordly. On passage of bill the vote was: Ayes, 29; following reports was distributed to members today. absent, 1 – Walker. Bill passed. Summary list recorded in Journal and Status Report by order of the President.

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HB 5104 -- Report by Special Committee on HB 2234, 3494 -- Carried over to July 19 Budget recommending passage of the A-Engrossed calendar by unanimous consent at the request of the bill. Chair. HB 2062 -- Report by Committee on Rules The following measures were referred to recommending passage with amendments to the A- committee on July 14 and recorded on Committee Engrossed bill to resolve conflicts. Referral List No. 55 which was distributed to members. Referral list recorded in the Journal and HB 2525 -- Report by Committee on Rules Status Report by order of the President. recommending passage with amendments to the A- Engrossed bill. SB 1095 Budget Senate recessed until 10:40 a.m. by unanimous SB 1096 Rules consent on motion of Brown. Senate reconvened at 10:40 a.m. President Energy Facility Siting Council (ORS 469.450) Courtney in Chair. All present. Martha Dibblee (r) Rules Senate, having recessed under the order of Reports from Standing Committees, resumed under Fair Dismissal Appeals Board (ORS 342.930) the general order of business by unanimous consent Carolyn Ramey (r) Rules at the request of the Chair. Bob Weil (r) Rules SB 106 B-Eng.* -- Conference Committee report adopted and bill repassed on motion of Burdick. The Home Care Commission (ORS 410.602) vote was: Ayes, 30. Bill repassed. Scott Lay Rules HB 2542 -- Committee report and minority report read. Deckert moved that the Senate adopt the Board on Public Safety Standards and Training (ORS committee report. Starr, C. moved that the minority 181.620) report be substituted for the committee report. Call of the Senate demanded by Brown joined by George and Mark Prince Rules Ringo. All present except Burdick, attending legislative business. Pending arrival of member Oregon Racing Commission (ORS 462.210) subject to the Call, Senate at ease. All present. Senate reassembled. Todd Thorne (r) Rules

HB 2542 -- Motion to substitute minority report Oregon Transportation Commission (ORS 184.612) failed. The vote was: Ayes, 12; nays, 18 – Bates, Brown, Burdick, Carter, Deckert, Devlin, Gordly, Stuart Foster (r) Rules Johnson, Metsger, Monnes Anderson, Morrisette, Prozanski, Ringo, Schrader, Shields, Verger, Walker, Oregon Commission for Voluntary Action & Service President Courtney. Motion failed. (ORS 458.555) HB 2542 A-Eng. -- Bill, as amended by Matthew Fisher Rules committee report, read third time. Carried by Jack Lorts (a) & (r) Rules Deckert. Call of the Senate demanded by Deckert Ted Wheeler Rules joined by Brown and Bates. All present. On passage of bill the vote was: Ayes, 18; nays, 12 – Atkinson, HB 3044 -- Atkinson, Devlin, Ringo appointed Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, Senate conferees. B., Starr, C., Westlund, Whitsett, Winters. Bill passed. HB 3093 -- Ferrioli, Metsger, Ringo appointed Senate conferees. HB 3352 -- Taken from today's third reading calendar and rereferred to Committee on Rules by HB 3262 -- Brown, Nelson, Walker appointed voice vote on motion of Brown. Senate conferees. SB 1097 -- Introduced, read first time and HB 3374 -- Ringo, Walker, Whitsett appointed referred to President’s desk. Senate conferees. SB 359 -- Read second time and passed to third SB 27, 117, 123, 342, 479; HB 5114, 5115, 5122, reading. 5126, 5127, 5130, 5137, 5140, 5146, 5157, 5166, 5170, 5172, 5173; 2069, 2089, 2104, 2113, 2117, 2123, 2159, SB 1089 -- Read third time. Carried by Carter, 2180, 2186, 2233, 2247, 2340, 2527, 2593, 2656, 2717, Gordly. On passage of bill the vote was: Ayes, 28; 2932, 3083, 3260, 3329, 3350, 3472, 3479, 3491, 3495 attending legislative business, 2 – Morse, Schrader. -- President Courtney signed on July 15. Bill passed. SB 489 -- President Courtney signed on July 18. HB 2009 -- Read first time and referred to President’s desk. Senate adjourned until 10:00 a.m. Tuesday by unanimous consent at the request of the Chair. HB 5104, 5129; 3090 -- Read second time and passed to third reading. SENATE JOURNAL SJ-221

HB 2060 -- Report by Committee on Rules Tuesday, July 19, 2005 -- Morning Session recommending passage with amendments to the A- Engrossed bill. Senate convened at 10:00 a.m. President Pro Tempore Carter in Chair. The following members Committee Report Summary No. 146 listing the were present: Atkinson, Bates, Beyer, Brown, following reports was distributed to members today. Burdick, President Courtney, Deckert, Ferrioli, Summary list recorded in Journal and Status Report George, Gordly, Johnson, Kruse, Metsger, Monnes by order of the President. Anderson, Morrisette, Morse, Nelson, Prozanski, HB 3145 -- Report by Conference Committee, Ringo, Schrader, Shields, Starr, B., Starr, C., Verger, signed by Senators Shields, Metsger, Nelson and Walker, Westlund, Whitsett, Winters; excused -- Representatives Dallum, Krummel, Wirth, Devlin. Colors were posted and the Senate pledged recommending that the House concur in Senate allegiance to the flag. Invocation by Pastor Stephen amendments dated July 1 and that the B-Engrossed Lewis of Evergreen Presbyterian Church, Salem. bill be further amended and repassed. SB 5583, 5614; 300, 311, 1084; HB 2147, 2285, SB 1085 -- Report by Special Committee on 2313, 2601 -- Message from the House announcing Budget recommending passage of the A-Engrossed passage. bill. SB 283, 480, 806, 1008, 1059 -- Message from HB 5139 -- Report by Special Committee on the House announcing passage as amended by the Budget recommending passage of the A-Engrossed House. bill. HB 3379 -- Message from the House HB 2065 -- Report by Special Committee on announcing concurrence in Senate amendments and Budget recommending passage of the A-Engrossed repassage. bill. HB 2458 -- Message from the House HB 2112 -- Report by Special Committee on announcing adoption of conference committee report Budget recommending passage of the A-Engrossed and repassage. bill. Committee Report Summary No. 144 listing the HB 2537 -- Report by Special Committee on following reports was distributed to members July 18. Budget recommending passage of the A-Engrossed Summary list recorded in Journal and Status Report bill. by order of the President. HB 3124 -- Report by Special Committee on SB 5630 -- Report by Special Committee on Budget recommending passage of the B-Engrossed Budget recommending passage with amendments. bill. SB 190 -- Report by Special Committee on HB 3481 -- Report by Committee on Revenue Budget recommending passage with amendments to recommending passage with amendments to the C- the A-Engrossed bill. Engrossed bill. Minority Report, signed by Starr, C., SB 907 -- Report by Special Committee on George, recommending passage with different Budget recommending passage with amendments to amendments to the C-Engrossed bill. the A-Engrossed bill. HB 3497 -- Report by Committee on Rules HB 2058 -- Report by Special Committee on recommending passage of the A-Engrossed bill. Budget recommending passage with amendments to HB 3502 -- Report by Special Committee on the A-Engrossed bill to resolve conflicts. Budget recommending passage of the B-Engrossed Committee Report Summary No. 145 listing the bill. following reports was distributed to members July 18. SB 1025 B-Eng. -- Burdick moved that the Summary list recorded in Journal and Status Report Senate concur in House amendments and repass bill. by order of the President. On concurrence and repassage the vote was: Ayes, 27; SB 781 -- Report by Conference Committee, nays, 2 – Atkinson, George; excused, 1 – Devlin. Bill signed by Senators Morrisette, Kruse, Monnes repassed. Anderson and Representatives Boone, Boquist, Dalto, SB 1034 B-Eng. -- Burdick moved that the recommending that the Senate concur in House Senate concur in House amendments and repass bill. amendments dated June 28 and that the B-Engrossed On concurrence and repassage the vote was: Ayes, 26; bill be further amended and repassed. nays, 3 – Beyer, Kruse, Whitsett; excused, 1 – Devlin. SB 782 -- Report by Conference Committee, Bill repassed. signed by Senators Morrisette, Kruse, Monnes SB 5630, 5631; 190, 907, 1085 -- Read second Anderson and Representatives Boone, Butler, Dalto, time and passed to third reading. recommending that the Senate concur in House amendments dated June 27 and that the B-Engrossed SB 359 B-Eng. -- Read third time. Carried by bill be further amended and repassed. Morrisette. On passage of bill the vote was: Ayes, 24; nays, 4 – Atkinson, Beyer, Kruse, Whitsett; excused, SB 5631 -- Report by Special Committee on 1 – Devlin; attending legislative business, 1 – Budget recommending passage with amendments. Burdick. Bill passed.

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HB 2147, 2285, 2313, 2601 -- Read first time Wednesday, July 20, 2005 -- Morning Session and referred to President’s desk. HB 5139; 2058, 2060, 2062, 2065, 2112, 2525, Senate convened at 10:00 a.m. Metsger in Chair. 2537, 3124, 3497, 3502 -- Read second time and The following members were present: Atkinson, passed to third reading. Bates, Beyer, Brown, Burdick, Carter, President Courtney, Deckert, Devlin, Ferrioli, George, Gordly, HB 2234 D-Eng. -- Read third time. Carried by Johnson, Kruse, Monnes Anderson, Morrisette, Starr, C. On passage of bill the vote was: Ayes, 26; Morse, Nelson, Prozanski, Ringo, Schrader, Shields, nays, 2 – Schrader, Walker; excused, 1 – Devlin; Starr, B., Starr, C., Verger, Walker, Westlund, attending legislative business, 1 – Burdick. Bill Whitsett, Winters. Colors were posted and the Senate passed. pledged allegiance to the flag. Invocation by Senator Joanne Verger, Coos Bay. HB 3494 A-Eng. -- Read third time. Carried by Ringo, Westlund. Potential conflict of interest SB 27, 117, 123, 342, 479, 489; HJM 37; HB declared by Westlund. On passage of bill the vote 5080, 5085, 5118, 5121, 5149; 2052, 2107, 2154, 2339, was: Ayes, 27; nays, 1 – George; excused, 1 – Devlin; 2566, 2581, 2591 -- Message from the House attending legislative business, 1 – Burdick. Bill announcing the Speaker signed on July 18. passed. Senate recessed until 10:50 a.m. by unanimous HB 3494 -- Verger requested the following consent on motion of Brown. explanation of vote be entered into the journal: Senate reconvened at 10:50 a.m. Metsger in “With the -10 Amendments to HB 3494, I will vote yes Chair. All present. as I believe that good work has been made to validate the mitigation program which will help restore stream flows in Senate, having recessed under the order of the Deschutes River. Propositions and Motions, proceeded to the order of Third Reading of House Measures by unanimous “As a result of a challenge by Water Watch to consent at the request of the Chair. administrative rules written by the Water Resources Department, the Court of Appeals wrote an opinion inviting HCR 6 -- Resolution read. Carried by Brown. the legislature to clarify its policy intent regarding ground On adoption of resolution, the vote was: Ayes, 28; water mitigation. absent, 1 – Burdick; attending legislative business, 1 – President Courtney. Resolution adopted. “The amended HB 3494 does this. In addition, it sunsets the program after eight years. Senate reverted to the order of Propositions and Motions by unanimous consent at the request of the “Note: The Water Resources Department must spend Chair. the next eight years in a continual evaluation of the program’s management. This program will assure that in- SB 896 -- Starr, B. moved that the rules be stream rights are protected. The mitigation must be in suspended to allow reconsideration of the vote place before any water use begins and for the life of the whereby the Senate refused to concur in the House ground water permits.” amendments on June 23. Motion carried by voice vote. HB 5104 A-Eng. -- Read third time. Carried by Westlund. On passage of bill the vote was: Ayes, 27; SB 896 -- Under rules suspension, Starr, B. nays, 1 – Atkinson; excused, 1 – Devlin; attending moved that the vote whereby the Senate refused to legislative business, 1 – Burdick. Bill passed. concur in the House amendments be reconsidered. Motion carried by voice vote. Vote reconsidered. HB 5129 B-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 27; SB 896 B-Eng. -- Under rules suspension, Starr, nays, 1 – Atkinson; excused, 1 – Devlin; attending B. moved that the Senate concur in House legislative business, 1 – Burdick. Bill passed. amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; absent, 1 – Burdick; HB 3090 B-Eng. -- Read third time. Carried by attending legislative business, 1 – President Ringo. Courtney. Bill repassed. Senate at ease. Senate reassembled. SB 480 -- Senate refused to concur in House amendments by voice vote on motion of Deckert. HB 3090 B-Eng. -- Debate resumed. Bill failed, Conferees to be appointed. the vote was: Ayes, 14; nays, 15 – Atkinson, Beyer, Ferrioli, George, Johnson, Kruse, Metsger, Morse, SB 781 B-Eng.* -- Conference Committee report Nelson, Starr, B., Starr, C., Verger, Westlund, adopted and bill repassed on motion of Kruse. The Whitsett, Winters; excused, 1 – Devlin. Bill failed. vote was: Ayes, 26; nays, 2 – Beyer, Schrader; absent, 1 – Burdick; attending legislative business, 1 – HB 3090 -- Metsger, having voted on the President Courtney. Bill repassed. prevailing side, served notice of possible reconsideration. SB 782 B-Eng.* -- Conference Committee report adopted and bill repassed on motion of Morrisette. Senate adjourned until 10:00 a.m. Wednesday by The vote was: Ayes, 26; nays, 3 – George, Schrader, unanimous consent at the request of the Chair. Westlund; attending legislative business, 1 – Burdick. Bill repassed. SENATE JOURNAL SJ-223

HB 2458 B-Eng.* -- Conference Committee calendar by unanimous consent at the request of the report adopted and bill repassed on motion of Ringo. Chair. The vote was: Ayes, 26; nays, 2 – Schrader, Shields; attending legislative business, 2 – Beyer, Burdick. HJM 37; HB 5080, 5085, 5118, 5121, 5149; 2052, Bill repassed. 2107, 2154, 2339, 2566, 2581, 2591 -- President Courtney signed on July 20. HB 2458 -- Prozanski requested the following explanation of vote be entered into the journal: Senate adjourned until 9:00 a.m. Thursday by unanimous consent at the request of the Chair. “I supported HB 2458 with some reservations. I appreciate the need for allowing local governments to plan Thursday, July 21, 2005 -- Morning Session for the use of their industrial lands and the flexibility to determine the size of the structures built on those lands, Senate convened at 9:00 a.m. President Courtney but I question the need for legislation to address these in Chair. The following members were present: issues. Atkinson, Bates, Beyer, Brown, Burdick, Carter, “The executive director of LCDC offered an Deckert, Devlin, Ferrioli, George, Gordly, Johnson, amendment that would have allowed the agency to work Kruse, Metsger, Monnes Anderson, Morrisette, through its process in a 16 month period. Further, if they Morse, Nelson, Prozanski, Ringo, Schrader, Shields, were not successful the current sunset clause would Starr, B., Starr, C., Verger, Walker, Westlund, automatically expire. But for whatever reason, it was Whitsett, Winters. Colors were posted and the Senate rejected by the conference committee. Why? pledged allegiance to the flag. Invocation by Senator Charles Starr, Hillsboro. “I also must state that I will not support future legislation that would permit these rural industrial lands to SB 5555, 5565, 5573, 5576, 5593, 5594, 5608, be used for commercial/retail operations. (The original 5613, 5622; 65, 119, 364, 853, 1032, 1050 -- Message version of HB 2458 included that provision.) Such a from the Governor announcing he signed on July 20. provision would undercut Oregon's land use laws and the SB 671 -- Message from the Governor principles of compact urban growth.” announcing he vetoed on July 20: SB 1008 B-Eng. -- Deckert moved that the July 20, 2005 Senate concur in House amendments and repass bill. Potential conflict of interest declared by Burdick. Call of the Senate demanded by Deckert joined by The Honorable Peter Courtney Westlund and Johnson. All present. On concurrence President of the Senate and repassage the vote was: Ayes, 22; nays, 8 – Oregon State Senate Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., 900 Court Street NE, S-203 Starr, C., Whitsett. Bill repassed. Salem, OR 97301 SB 1098 -- Introduced, read first time and Dear President Courtney: referred to President’s desk. I am returning Enrolled Senate Bill 671 unsigned and SB 1085 -- Moved to the head of today's third disapproved. reading calendar by unanimous consent at the request of the Chair. SB 671 was introduced to establish a financing plan for the mutualization of Portland General Electric (PGE). I SB 1085 A-Eng. -- Read third time. Carried by cannot support SB 671 because it fails to address the basic Kruse, Morrisette. On passage of bill the vote was: principles I set forth in March 2005. As I said at that time, Ayes, 30. Bill passed. Carter granted unanimous any plan should provide rate relief and access to safe and reliable power for PGE customers; maintain appropriate consent to change vote to aye. support for low income energy assistance, energy efficiency SB 5630 A-Eng. -- Read third time. Carried by and investments in renewables; protect communities that Gordly. On passage of bill the vote was: Ayes, 30. rely on revenue from PGE as it exists today; and keep PGE Bill passed. local and whole. While the mutual utility concept is in part motivated SB 907 -- Moved to the head of today's third by a desire to bring PGE under local, consumer control, SB reading calendar by unanimous consent at the 671 itself does not provide any certainty around how a request of the Chair. mutual utility would meet my core principles. The bill does not result in any sort of consensus about how a mutual SB 907 B-Eng. -- Read third time. Carried by utility ownership model would impact PGE customers; it Beyer, Burdick. On passage of bill the vote was: does not specify how a mutual utility would be governed or Ayes, 30. Bill passed. (President Courtney in Chair) operated; and it does not ensure the certainty and accountability that I believe PGE customers need from SB 5631; 190 -- Carried over to July 21 calendar their utility. In the end, I am not willing to start down this by unanimous consent at the request of the Chair. path and risk another fierce debate before the Public Utility Commission without more certainty about how this HB 3481 -- Read second time and passed to proposal could affect customers and, through them, third reading. Oregon’s economy. HB 5139; 2058, 2060, 2062, 2065, 2112, 2525, As Governor, my focus remains on continuing to create 2537, 3124, 3497, 3502 -- Carried over to July 21 family-wage jobs and an education enterprise that will ensure Oregonians are the best trained, best skilled, and

SJ-224 SENATE JOURNAL best-educated citizenry in the nation – and it is not clear July 20, 2005 how SB 671 helps move us forward toward the goals of economic prosperity and security for all Oregonians. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 73rd LEGISLATIVE ASSEMBLY ORS 342.350 provides that the Governor shall appoint the Theodore R. Kulongoski, members of the Teacher Standards and Practices Commission, subject to Senate confirmation, in the manner Governor provided by ORS 171.562 and ORS 171.565. The following messages from the Governor were I reappoint Mario Alba of Milwaukie to the Teacher read and referred to the Committee on Rules. Standards and Practices Commission for a three-year term, as provided by statute, beginning January 1, 2006 and July 20, 2005 ending on December 31, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE This appointment is submitted for your consideration. OF THE 73rd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 351.020 provides that the Governor shall appoint the Governor members of the State Board of Higher Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. July 20, 2005

I reappoint John von Schlegell of Portland to the State TO THE HONORABLE PRESIDENT OF THE SENATE Board of Higher Education for a four-year term, as provided by statute, beginning July 1, 2005 and ending on June 30, OF THE 73rd LEGISLATIVE ASSEMBLY 2009, effective upon Senate confirmation. ORS 458.555 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Oregon Commission for Voluntary Action and Service, subject to Senate confirmation, in the manner Sincerely, provided by ORS 171.562 and ORS 171.565. Ted Kulongoski Governor I appoint Beth Fox of Albany to the Oregon Commission for Voluntary Action and Service for an unexpired three-year July 20, 2005 term, as provided by statute, beginning August 1, 2005 and ending on June 30, 2007, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 1.410 provides that the Governor shall appoint the Sincerely, Ted Kulongoski members of the Commission on Judicial Fitness and Governor Disability, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. July 20, 2005 I appoint Randy Gordon of LaPine to the Commission on Judicial Fitness and Disability for a four-year term, as provided by statute, beginning August 1, 2005 and ending TO THE HONORABLE PRESIDENT OF THE SENATE on July 31, 2009, effective upon Senate confirmation. OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 660.321 provides that the Governor shall appoint the members of the State Workforce Investment Board, subject Sincerely, to Senate confirmation, in the manner provided by ORS Ted Kulongoski 171.562 and ORS 171.565. Governor I appoint Peggy Miller of Clackamas to the State Workforce July 20, 2005 Investment Board for a three-year term, as provided by statute, beginning August 1, 2005 and ending on July 31, 2008, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 342.350 provides that the Governor shall appoint the Sincerely, Ted Kulongoski members of the Teacher Standards and Practices Governor Commission, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 815; HB 5174; 2485 -- Message from the I appoint Mario Alba of Milwaukie to the Teacher House announcing passage. Standards and Practices Commission for an unexpired SB 510 -- Message from the House announcing three-year term, as provided by statute, beginning August 1, 2005 and ending on December 31, 2005, effective upon passage as amended by the House. Senate confirmation. SB 106; HB 3145 -- Message from the House This appointment is submitted for your consideration. announcing Conference Committee Report adopted and bill repassed. Sincerely, Ted Kulongoski HB 2542 -- Message from the House Governor announcing House refusal to concur in Senate amendments. Conferees to be announced. SENATE JOURNAL SJ-225

HB 5171; 2050, 2078, 2103, 2120, 2408, 2429, HB 2130, 3117 -- Read second time and passed 2561, 2599, 2800, 3073, 3092, 3168, 3230, 3319 -- to third reading. Message from the House announcing the Speaker signed on July 20. HB 5139 A-Eng. -- Read third time. Carried by Bates. On passage of bill the vote was: Ayes, 29; Committee Report Summary No. 147 listing the nays, 1 – Burdick. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2058 B-Eng. -- Read third time. Carried by by order of the President. Nelson. On passage of bill the vote was: Ayes, 29; excused, 1 – Brown. Bill passed. HB 2130 -- Report by Committee on Rules recommending passage of the A-Engrossed bill. HB 2060 B-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 29; HB 2265 -- Report by Committee on Rules nays, 1 – Schrader. Bill passed. without recommendation as to passage and requesting referral to Special Committee on Budget. HB 2062 B-Eng. -- Read third time. Carried by Referred to Special Committee on Budget by order of Atkinson. On passage of bill the vote was: Ayes, 30. the President. Bill passed. HB 3117 -- Report by Committee on Rules HB 2065 A-Eng. -- Read third time. Carried by recommending passage. Devlin. On passage of bill the vote was: Ayes, 27; nays, 3 – Beyer, George, Kruse. Bill passed. Senate at ease. Senate reassembled. HB 2112 A-Eng. -- Read third time. Carried by SB 806 B-Eng. -- Burdick moved that the Johnson. On passage of bill the vote was: Ayes, 30. Senate concur in House amendments and repass bill. Bill passed. On concurrence and repassage the vote was: Ayes, 30. Bill repassed. HB 2525 B-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 30. SB 1059 B-Eng. -- Burdick moved that the Bill passed. Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 30. HB 2537 A-Eng. -- Read third time. Carried by Bill repassed. Verger. On passage of bill the vote was: Ayes, 30. Bill passed. HB 3481 -- Committee report and minority report read. Deckert moved that the Senate adopt HB 3124 B-Eng. -- Read third time. Carried by the committee report. Starr, C. moved that the Winters. On passage of bill the vote was: Ayes, 29; minority report be substituted for the committee nays, 1 – George. Bill passed. report. Call of the Senate demanded by Starr, C. HB 3497 A-Eng. -- Read third time. Carried by joined by George and Bates. All present. Burdick. On passage of bill the vote was: Ayes, 30. HB 3481 -- Motion to substitute minority report Bill passed. failed. The vote was: Ayes, 14; nays, 16 – Bates, HB 3502 B-Eng. -- Read third time. Carried by Brown, Burdick, Carter, Deckert, Devlin, Gordly, Bates. On passage of bill the vote was: Ayes, 21; Metsger, Monnes Anderson, Morrisette, Prozanski, nays, 8 – Burdick, Deckert, Devlin, George, Ringo, Schrader, Shields, Walker, President Prozanski, Ringo, Walker, Westlund; attending Courtney. Motion failed. legislative business, 1 – Schrader. Bill passed. HB 3481 D-Eng. -- Bill, as amended by HB 3502 -- Prozanski requested the following committee report, read third time. Carried by explanation of vote be entered into the journal: Deckert. Call of the Senate demanded by Deckert joined by Walker and George. All present. On “I support the Oregon State Fair, but I do not support passage of bill the vote was: Ayes, 20; nays, 10 – HB 3502-B because it would define the fairgrounds as a Atkinson, Beyer, Ferrioli, George, Kruse, Morse, state park for the sole purpose of permitting Measure 66 Starr, B., Starr, C., Whitsett, Winters. Bill passed. revenue to be used to fund the Fair. SB 1099 -- Introduced, read first time and “When the voters of Oregon passed Measure 66, it was referred to President’s desk. not contemplated that the state fairgrounds would be established as a state park for the purpose of using SB 5631 A-Eng. -- Read third time. Carried by Measure 66 revenue for funding its operations. Measure 66 Schrader. On passage of bill the vote was: Ayes, 18; was presented to the voters as a means to provide funding nays, 11 – Atkinson, Beyer, Ferrioli, George, Kruse, for upgrading existing park lands, for buying new park Morse, Nelson, Starr, B., Starr, C., Walker, Whitsett; lands, and for restoring salmon populations. These funds attending legislative business, 1 – Ringo. Bill passed. were not intended to be used to support other state facilities SB 190 B-Eng. -- Read third time. Carried by or obligations. Winters. On passage of bill the vote was: Ayes, 27; “Accordingly, I could not support HB 3502-B as nays, 2 – Beyer, Kruse; absent, 1 – Burdick. Bill presented to the full Senate. I believe that the state must passed. use other public revenue to fully fund the Oregon State HB 5174; 2485 -- Read first time and referred to Fair.” President’s desk.

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The following measures were referred to customers and remains an economic asset for communities committee on July 20 and recorded on Committee throughout the state, which can be achieved without Referral List No. 56 which was distributed to creating the option for the state to acquire a private utility members. Referral list recorded in the Journal and company. Status Report by order of the President. As Governor, my focus must remain on growing the economy, creating an education enterprise from pre-school SB 1097 Rules through graduate school, ensuring our citizens have their SB 1098 Rules basic needs of food, shelter and health care met, and HB 2009 Rules opening the doors of opportunity for all Oregonians. HB 2285 Rules Creating the option for a state-owned utility company would only distract from – not strengthen – our ability to HB 2313 Rules; Budget move forward toward accomplishing these goals, which is HB 2601 Budget why I cannot support this legislation. SB 5614, 5583; 300, 311, 1025, 1034, 1084; HB Sincerely, 5171; 2050, 2078, 2103, 2120, 2408, 2429, 2561, 2599, 2800, 3073, 3092, 3168, 3230, 3319 -- President Courtney signed on July 21. Theodore R. Kulongoski, Governor Senate adjourned until 4:00 p.m. Monday by unanimous consent at the request of the Chair. SB 173; HB 2157 -- Message from the House announcing passage. Monday, July 25, 2005 -- Afternoon Session HB 5129; 2234, 3494 -- Message from the House announcing concurrence in Senate amendments and Senate convened at 4:00 p.m. President Courtney repassage. in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Deckert, HB 2542 -- Message from the House Devlin, Ferrioli, George, Gordly, Johnson, Kruse, announcing Berger, Butler, Riley appointed House Metsger, Monnes Anderson, Morrisette, Morse, conferees. Nelson, Prozanski, Ringo, Schrader, Starr, B., Starr, HB 3093 -- Message from the House C., Verger, Walker, Westlund, Whitsett, Winters; announcing Boone, Brown, Kitts appointed House absent -- Bates, Shields. Colors were posted and the conferees. Senate pledged allegiance to the flag. Invocation by Senator Jackie Winters, Salem. HB 5104; 3379 -- Message from the House announcing the Speaker signed on July 21. SB 81 -- Message from the Governor announcing he signed on July 21. SB 1008 -- Message from the House announcing the Speaker signed on July 22. SB 27, 117, 123, 342, 479, 489 -- Message from the Governor announcing he signed on July 22. SB 5583, 5614; 106, 300, 311, 815, 896, 1025, 1034, 1084; HCR 6; HB 2234, 2458, 3494 -- Message SB 1008 -- Message from the Governor from the House announcing the Speaker signed on announcing he vetoed on July 22. July 25. July 22, 2005 Committee Report Summary No. 148 listing the following reports was distributed to members July 21. The Honorable Peter Courtney Summary list recorded in Journal and Status Report President of the Senate by order of the President. Oregon State Senate SB 863 -- Report by Conference Committee, 900 Court Street NE, S-203 signed by Senators Prozanski, Ringo, Starr, C. and Salem, OR 97301 Representatives Ackerman, Garrard, Kitts, recommending that the House recede from House Dear President Courtney: amendments dated June 28 and bill be repassed. I am returning Enrolled Senate Bill 1008 unsigned and disapproved. SB 5632 -- Report by Special Committee on Budget recommending passage with amendments. Enron Corporation has terminated its negotiations with the City of Portland for the acquisition of Portland SB 301 -- Report by Special Committee on General Electric (PGE) and will continue the process of Budget recommending passage with amendments to stock distribution to its creditors. I believe returning PGE the A-Engrossed bill. to its pre-Enron status is in the interests of PGE ratepayers and the employees of PGE. SB 817 -- Report by Special Committee on Budget recommending passage with amendments to I have been clear from the beginning of this process the A-Engrossed bill. that I would not support the State of Oregon becoming financially entangled in the purchase of PGE. I have not SB 819 -- Report by Special Committee on changed my position on this issue and, therefore, have Budget recommending passage with amendments to vetoed SB 1008. the A-Engrossed bill. My primary goal over the last several months has Committee Report Summary No. 149 listing the been to ensure that PGE, under any ownership model, continues to provide reliable and affordable power to its following reports was distributed to members today. SENATE JOURNAL SJ-227

Summary list recorded in Journal and Status Report by order of the President. Oregon Commission for Voluntary Action & Service SM 3 -- Report by Committee on Rules (ORS 458.555) recommending adoption with amendments. Beth Fox Rules SB 1072 -- Report by Special Committee on Budget recommending passage of the A-Engrossed bill. State Workforce Investment Board (ORS 660.321) SB 1098 -- Report by Committee on Rules Peggy Miller Rules recommending passage. HB 3093 -- Metsger discharged as Senate Committee Report Summary No. 150 listing the conferee. Bates appointed as Senate conferee. following reports was distributed to members today. SB 106, 815, 896, 1008; HB 5104; 3379 -- Summary list recorded in Journal and Status Report President Courtney signed on July 22. by order of the President. Senate adjourned until 10:00 a.m. Tuesday by HB 2306 -- Report by Conference Committee, unanimous consent at the request of the Chair. signed by Senators Beyer, Burdick, Monnes Anderson and Representatives Ackerman, Krieger, Thatcher, recommending that the House concur in Senate Tuesday, July 26, 2005 -- Morning Session amendments dated June 23 and that the B-Engrossed bill be further amended and repassed. Senate convened at 10:00 a.m. President Courtney in Chair. The following members were HB 3143 -- Report by Conference Committee, present: Atkinson, Beyer, Brown, Carter, Deckert, signed by Senators Johnson, Metsger, Westlund and Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Representatives Lim, Schaufler, Smith, G., Metsger, Monnes Anderson, Morrisette, Morse, recommending that the House concur in Senate Nelson, Prozanski, Ringo, Schrader, Shields, Starr, amendments dated July 5 and that the C-Engrossed B., Starr, C., Verger, Walker, Westlund, Whitsett, bill be further amended and repassed. Winters; absent -- Bates; attending legislative HB 3145 -- Consideration of Conference business -- Burdick. Colors were posted and the Committee Report carried over to July 26 calendar by Senate pledged allegiance to the flag. Invocation by unanimous consent at the request of the Chair. Senator Margaret Carter, Portland. SB 5632; 301, 817, 819, 1072, 1098 -- Read HB 3262 -- Message from the House second time and passed to third reading. announcing Brown, Macpherson, Richardson appointed House conferees. HB 2157 -- Read first time and referred to President’s desk. Committee Report Summary No. 151 listing the following reports was distributed to members July 25. HB 2130, 3117 -- Carried over to July 26 Summary list recorded in Journal and Status Report calendar by unanimous consent at the request of the by order of the President. Chair. SB 1096 -- Report by Committee on Rules The following measures were referred to recommending passage with amendments. committee on July 21 and recorded on Committee Referral List No. 57 which was distributed to Senate recessed until 10:35 a.m. by unanimous members. Referral list recorded in the Journal and consent on motion of Brown. Status Report by order of the President. Senate reconvened at 10:35 a.m. President Courtney in Chair. All present except Bates, absent; SB 1099 Rules Burdick, Starr, B., attending legislative business. HB 5174 Budget HB 2485 Rules Senate, having recessed under the order of Propositions and Motions, resumed under the general order of business by unanimous consent at the State Board of Higher Education (ORS 351.020) request of the Chair. John von Schlegell (r) Rules SB 671, 1008 -- Brown moved that the vetoed bills, together with Governor’s messages, be laid on Commission on Judicial Fitness and Disability (ORS the table en bloc. Motion carried. The vote was: Ayes, 1.410) 24; nays, 3 – Atkinson, Beyer, Kruse; absent, 1 – Bates; attending legislative business, 2 – Burdick, Randy Gordon Rules Starr, B. Laid on table. SB 510 C-Eng. -- Monnes Anderson moved that Teacher Standards and Practices Commission (ORS the Senate concur in House amendments and repass 342.350) bill. On concurrence and repassage the vote was: Ayes, 27; nays, 1 – George; absent, 1 – Bates; Mario Alba (a) and (r) Rules attending legislative business, 1 – Burdick. Bill repassed.

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HB 3145 B-Eng.* -- Conference Committee Senate adjourned until 10:00 a.m. Wednesday by report adopted and bill repassed on motion of unanimous consent at the request of the Chair. Metsger. The vote was: Ayes, 28; absent, 1 – Bates; attending legislative business, 1 – Burdick. Bill Wednesday, July 27, 2005 -- Morning Session repassed. (Monnes Anderson in Chair) SM 3; SB 1096 -- Read second time and passed Senate convened at 10:00 a.m. President to third reading. Courtney in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, SB 5632 A-Eng. -- Read third time. Carried by Carter, Deckert, Devlin, Ferrioli, George, Gordly, Morse. On passage of bill the vote was: Ayes, 28; Johnson, Kruse, Metsger, Monnes Anderson, absent, 1 – Bates; attending legislative business, 1 – Morrisette, Morse, Nelson, Prozanski, Ringo, Burdick. Bill passed. Schrader, Shields, Starr, B., Starr, C., Verger, SB 301 B-Eng. -- Read third time. Carried by Walker, Westlund, Whitsett, Winters. Colors were Gordly. Call of the Senate demanded by Brown joined posted and the Senate pledged allegiance to the flag. by Devlin and Carter. All present except Bates, Invocation by Senator Jason Atkinson, Central Point. absent. On passage of bill the vote was: Ayes, 21; SB 5548; 153, 289, 467, 1018, 1080 -- Message nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, from the House announcing passage. Starr, B., Starr, C., Whitsett; absent, 1 – Bates. Bill passed. HJR 18 -- Message from the House announcing adoption. SB 817 B-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 29; SB 501, 591 -- Message from the House absent, 1 – Bates. Bill passed. announcing passage as amended by the House. SB 819 B-Eng. -- Read third time. Carried by HB 2058, 2060, 2062, 2525 -- Message from the Westlund. On passage of bill the vote was: Ayes, 27; House announcing concurrence in Senate nays, 2 – Beyer, George; absent, 1 – Bates. Bill amendments and repassage. passed. HB 2537, 3481 -- Message from the House SB 1072 A-Eng. -- Read third time. Carried by announcing House refusal to concur in Senate Nelson. On passage of bill the vote was: Ayes, 29; amendments. Conferees to be appointed. absent, 1 – Bates. Bill passed. SB 781, 782, 863; HB 2306, 3143 -- Message SB 1098 -- Read third time. Carried by Shields. from the House announcing Conference Committee On passage of bill the vote was: Ayes, 25; nays, 4 – Report adopted and bills repassed. Atkinson, Beyer, George, Kruse; absent, 1 – Bates. Committee Report Summary No. 152 listing the Bill passed. following reports was distributed to members July 26. HB 2130 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Ringo. On passage of bill the vote was: Ayes, 27; by order of the President. nays, 2 – George, Schrader; absent, 1 – Bates. Bill HB 2181 -- Report by Committee on Rules passed. recommending passage with amendments to the B- HB 3117 -- Read third time. Carried by Engrossed bill to resolve conflicts. Courtney. On passage of bill the vote was: Ayes, 28; HB 2510 -- Report by Committee on Rules nays, 1 – Kruse; absent, 1 – Bates. Bill passed. recommending passage with amendments to the A- (President Courtney in Chair) Engrossed bill. The following measures were referred to Senate at ease. Senate reassembled. committee on July 26 and recorded on Committee Referral List No. 58 which was distributed to SB 283 A-Eng. -- Deckert moved that the members. Referral list recorded in the Journal and Senate concur in House amendments and repass bill. Status Report by order of the President. On concurrence and repassage the vote was: Ayes, 29; nays, 1 – Schrader. Bill repassed. HB 2147 Revenue HB 2157 Rules HB 2306 B-Eng.* -- Conference Committee report adopted and bill repassed on motion of SB 31 -- Deckert, Devlin, Westlund appointed Burdick. The vote was: Ayes, 30. Bill repassed. Senate conferees. HB 3143 C-Eng.* -- Conference Committee SB 480 -- Deckert, George, Prozanski appointed report adopted and bill repassed on motion of Senate conferees. Johnson. The vote was: Ayes, 29; nays, 1 – Schrader. Bill repassed. HB 2542 -- Carter, Deckert, Westlund appointed Senate conferees. SM 3 A-Eng. -- Read final time. Carried by Carter. On adoption of memorial, the vote was: Ayes, SB 173, 806, 1059 -- President Courtney signed 30. Memorial adopted. on July 25. SB 1096 -- Read third time. Carried by Monnes HCR 6; HB 2234, 2458, 3494 -- President Anderson. Taken from today’s third reading calendar Courtney signed on July 26. SENATE JOURNAL SJ-229 and placed on July 28 calendar by voice vote on TO THE HONORABLE PRESIDENT OF THE SENATE motion of Monnes Anderson. OF THE 73rd LEGISLATIVE ASSEMBLY HJR 18 -- Read first time and referred to ORS 468.010 provides that the Governor shall appoint the President’s desk. members of the Environmental Quality Commission, subject to Senate confirmation, in the manner provided by HB 2181, 2510 -- Read second time and passed ORS 171.562 and ORS 171.565. to third reading. I appoint Donalda Dodson of Salem to the Environmental HB 3481 -- Deckert, Shields, Westlund Quality Commission for an unexpired four-year term, as appointed Senate conferees. provided by statute, beginning August 1, 2005 and ending on June 30, 2007, effective upon Senate confirmation. Senate adjourned until 10:00 a.m. Thursday by unanimous consent at the request of the Chair. This appointment is submitted for your consideration. Sincerely, Thursday, July 28, 2005 -- Morning Session Ted Kulongoski Governor Senate convened at 10:00 a.m. President Courtney in Chair. The following members were July 27, 2005 present: Atkinson, Bates, Beyer, Brown, Burdick, TO THE HONORABLE PRESIDENT OF THE SENATE Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, OF THE 73rd LEGISLATIVE ASSEMBLY Morrisette, Morse, Nelson, Prozanski, Ringo, This is to notify you that our request sent to you July Schrader, Shields, Starr, C., Verger, Walker, 20, 2005, to consider the appointment of Randy Gordon to Westlund, Whitsett, Winters; attending legislative the Commission on Judicial Fitness and Disability, is business -- Starr, B. Colors were posted and the hereby withdrawn. Senate pledged allegiance to the flag. Invocation by Senator Bill Morrisette, Springfield. Sincerely, Ted Kulongoski The following messages from the Governor were Governor read and referred to the President's desk: July 27, 2005 July 27, 2005 TO THE HONORABLE PRESIDENT OF THE SENATE TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY OF THE 73rd LEGISLATIVE ASSEMBLY ORS 185.610 provides that the Governor shall appoint the ORS 441.137 provides that the Governor shall appoint the members of the Commission on Asian Affairs, subject to members of the Long Term Care Advisory Committee, Senate confirmation, in the manner provided by ORS subject to Senate confirmation, in the manner provided by 171.562 and ORS 171.565. ORS 171.562 and ORS 171.565. I reappoint Massoud Saberian of Beaverton to the I reappoint Jean Williams of Tigard to the Long Term Care Commission on Asian Affairs for a three-year term, as Advisory Committee for a four-year term, as provided by provided by statute, beginning February 1, 2003 and ending statute, beginning July 1, 2005 and ending on June 30, on January 31, 2006, effective upon Senate confirmation. 2009, effective upon Senate confirmation. This appointment is submitted for your consideration. This appointment is submitted for your consideration. Sincerely, Sincerely, Ted Kulongoski Ted Kulongoski Governor Governor

July 27, 2005 July 27, 2005 TO THE HONORABLE PRESIDENT OF THE SENATE TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY OF THE 73rd LEGISLATIVE ASSEMBLY ORS 185.610 provides that the Governor shall appoint the ORS 181.620 provides that the Governor shall appoint the members of the Commission on Asian Affairs, subject to members of the Board on Public Safety Standards and Senate confirmation, in the manner provided by ORS Training, subject to Senate confirmation, in the manner 171.562 and ORS 171.565. provided by ORS 171.562 and ORS 171.565. I reappoint Carol Suzuki of Salem to the Commission on I appoint David Schutt of Lakeview to the Board on Public Asian Affairs for a three-year term, as provided by statute, Safety Standards and Training for a three-year term, as beginning April 16, 2003 and ending on April 15, 2006, provided by statute, beginning August 10, 2005 and ending effective upon Senate confirmation. on June 30, 2008, effective upon Senate confirmation. This appointment is submitted for your consideration. This appointment is submitted for your consideration. Sincerely, Sincerely, Ted Kulongoski Ted Kulongoski Governor Governor

July 27, 2005 July 27, 2005

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TO THE HONORABLE PRESIDENT OF THE SENATE Committee Report Summary No. 153 listing the OF THE 73rd LEGISLATIVE ASSEMBLY following reports was distributed to members July 27. Summary list recorded in Journal and Status Report ORS 660.321 provides that the Governor shall appoint the by order of the President. members of the State Workforce Investment Board, subject to Senate confirmation, in the manner provided by ORS SB 232 -- Report by Special Committee on 171.562 and ORS 171.565. Budget recommending passage with amendments. I appoint Gilbert Hayes of The Dalles to the State HB 5083 -- Report by Special Committee on Workforce Investment Board for an unexpired three-year Budget recommending passage with amendments to term, as provided by statute, beginning August 1, 2005 and ending on December 9, 2006, effective upon Senate the A-Engrossed bill. confirmation. HB 5112 -- Report by Special Committee on This appointment is submitted for your consideration. Budget recommending passage with amendments to the A-Engrossed bill. Sincerely, Ted Kulongoski HB 5134 -- Report by Special Committee on Governor Budget recommending passage with amendments to the A-Engrossed bill. July 27, 2005 HB 5135 -- Report by Special Committee on TO THE HONORABLE PRESIDENT OF THE SENATE Budget recommending passage with amendments to OF THE 73rd LEGISLATIVE ASSEMBLY the A-Engrossed bill. ORS 660.321 provides that the Governor shall appoint the HB 5156 -- Report by Special Committee on members of the State Workforce Investment Board, subject Budget recommending passage with amendments to to Senate confirmation, in the manner provided by ORS the A-Engrossed bill. 171.562 and ORS 171.565. Committee Report Summary No. 154 listing the I appoint Cynthia Risan of Salem to the State Workforce following reports was distributed to members July 27. Investment Board for a three-year term, as provided by Summary list recorded in Journal and Status Report statute, beginning August 1, 2005 and ending on July 31, by order of the President. 2008, effective upon Senate confirmation. This appointment is submitted for your consideration. HB 5165 -- Report by Special Committee on Budget recommending passage with amendments to Sincerely, the A-Engrossed bill. Ted Kulongoski Governor HB 5167 -- Report by Special Committee on Budget recommending passage with amendments to SB 5547; 660, 907, 1068, 1088 -- Message from the A-Engrossed bill. the House announcing passage. Committee Report Summary No. 155 listing the SB 5544, 5546, 5587, 5602, 5612; 1076, 1092 -- following reports was distributed to members today. Message from the House announcing passage as Summary list recorded in Journal and Status Report amended by the House. by order of the President. SB 31 -- Message from the House announcing SB 1097 -- Report by Committee on Rules Boquist, Butler, Hass appointed House conferees. recommending passage. SB 480 -- Message from the House announcing HB 5136 -- Report by Special Committee on Butler, Komp, Scott appointed House conferees. Budget recommending passage of the A-Engrossed HB 2537 -- Message from the House bill. announcing Barker, Garrard, Krieger appointed HB 5168 -- Report by Special Committee on House conferees. Budget recommending passage of the A-Engrossed HB 3044 -- Message from the House bill. announcing Kitts, Thatcher, Wirth appointed House HB 2147 -- Report by Committee on Revenue conferees. recommending passage of the A-Engrossed bill. HB 3310 -- Message from the House HB 2278 -- Report by Special Committee on announcing Ackerman, Garrard, Schaufler, Smith, G., Budget recommending passage of the B-Engrossed Smith, P. appointed House conferees. bill. HB 3374 -- Message from the House HB 2539 -- Report by Special Committee on announcing Beyer, Burley, Gilman appointed House Budget recommending passage of the A-Engrossed conferees. bill. HB 3481 -- Message from the House Committee Report Summary No. 156 listing the announcing Anderson, Boquist, Schaufler appointed following reports was distributed to members today. House conferees. Summary list recorded in Journal and Status Report SB 173, 806, 1059; HB 5129, 5139; 2065, 2112, by order of the President. 3124, 3497, 3502 -- Message from the House Report by Committee on Rules recommending announcing the Speaker signed on July 27. that the Governor's reappointment of Martha Dibblee SENATE JOURNAL SJ-231

(appearance waived) to the Energy Facility Siting SB 1096 A-Eng. -- Bill read. Carried by Monnes Council be confirmed. Anderson. Report by Committee on Rules recommending Senate at ease. Senate reassembled. that the Governor's reappointments of Carolyn Ramey (appearance waived) and Bob Weil SB 1096 A-Eng. -- Debate resumed. Call of the (appearance waived) to the Fair Dismissal Appeals Senate demanded by Monnes Anderson joined by Board be confirmed en bloc. Devlin and Gordly. All present except Metsger, Starr, B., attending legislative business. On passage of bill Report by Committee on Rules recommending the vote was: Ayes, 16; nays, 12 – Burdick, Devlin, that the Governor's reappointment of John von George, Gordly, Johnson, Morse, Prozanski, Schrader, Schlegell (appearance waived) to the State Board of Starr, C., Verger, Walker, Winters; attending Higher Education be confirmed. legislative business, 2 – Metsger, Starr, B. Bill passed. Report by Committee on Rules recommending that the Governor's appointment of Scott Lay to the HB 5083, 5112, 5134, 5135, 5136, 5156, 5165, Home Care Commission be confirmed. 5167, 5168; 2147, 2278, 2461, 2539, 2668, 3352 -- Read second time and passed to third reading. Report by Committee on Rules recommending that the Governor's appointment of Pamela Fogg to HB 2181 C-Eng. -- Read third time. Carried by the Oregon State Lottery Commission be confirmed. Atkinson. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Metsger, Starr, B. Report by Committee on Rules recommending Bill passed. that the Governor's reappointment of Todd Thorne (appearance waived) to the Oregon Racing HB 2510 B-Eng. -- Read third time. Carried by Commission be confirmed. Atkinson. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Metsger, Starr, B. Report by Committee on Rules recommending Bill passed. that the Governor's appointment and reappointment of Mario Alba to the Teacher Standards and Practices Senate recessed until 3:00 p.m. by unanimous Commission be confirmed. consent at the request of the Chair. Report by Committee on Rules recommending that the Governor's reappointment of Stuart Foster Thursday, July 28, 2005 -- Afternoon Session (appearance waived) to the Oregon Transportation Commission be confirmed. Senate reconvened at 3:00 p.m. President Courtney in Chair. All present except Burdick, Report by Committee on Rules recommending Nelson, absent; Starr, B., attending legislative that the Governor's appointments of Matthew Fisher, business. Beth Fox, Jack Lorts, (a) & (r) and Ted Wheeler to the Oregon Commission for Voluntary Action and Service SB 5610, 5630; 82 -- Message from the House be confirmed en bloc. announcing passage. Report by Committee on Rules recommending SJR 24 -- Message from the House announcing that the Governor's appointment of Peggy Miller to adoption. the State Workforce Investment Board be confirmed. SB 5543, 5581, 5584, 5617; 290, 359, 496, 1067 - Committee Report Summary No. 157 listing the - Message from the House announcing passage as following reports was distributed to members today. amended by the House. Summary list recorded in Journal and Status Report Senate, having recessed under the order of by order of the President. Announcements, reverted to the order of Reports from HB 2461 -- Report by Committee on Rules Standing Committees by unanimous consent at the recommending passage of the B-Engrossed bill. request of the Chair. HB 2668 -- Report by Committee on Rules Committee Report Summary No. 158 listing the recommending passage. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 3352 -- Report by Committee on Rules by order of the President. recommending passage of the B-Engrossed bill. SB 5633 -- Report by Special Committee on SB 501 B-Eng. -- Monnes Anderson moved that Budget without recommendation as to passage and the Senate concur in House amendments and repass requesting referral to Committee on Ways and bill. On concurrence and repassage the vote was: Means. Referred to Committee on Ways and Means Ayes, 17; nays, 10 – Atkinson, Beyer, Ferrioli, George, by order of the President. Kruse, Morse, Nelson, Schrader, Starr, C., Whitsett; absent, 2 – Ringo, Winters; attending legislative SB 5634 -- Report by Special Committee on business, 1 – Starr, B. Bill repassed. Budget without recommendation as to passage and requesting referral to Committee on Ways and SB 232, 1097 -- Read second time and passed to Means. Referred to Committee on Ways and Means third reading. by order of the President.

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SB 5635 -- Report by Special Committee on repassage the vote was: Ayes, 25; nays, 5 – Atkinson, Budget without recommendation as to passage and Beyer, George, Kruse, Prozanski. Bill repassed. requesting referral to Committee on Ways and Means. Referred to Committee on Ways and Means Senate reverted to the order of Third Reading of by order of the President. House Measures by unanimous consent at the request of the Chair. HB 5148 -- Report by Special Committee on Budget recommending passage with amendments to HB 5083 B-Eng. -- Under rules suspension, the A-Engrossed bill. read third time. Carried by Bates. On passage of bill the vote was: Ayes, 29; nays, 1 – Whitsett. Bill HB 5158 -- Report by Special Committee on passed. Budget recommending passage with amendments to the A-Engrossed bill. HB 5112 B-Eng. -- Under rules suspension, read third time. Carried by Bates. On passage of bill HB 5174 -- Report by Special Committee on the vote was: Ayes, 29; absent, 1 – Burdick. Bill Budget recommending passage of the A-Engrossed passed. bill. HB 5134 B-Eng. -- Under rules suspension, HB 2389 -- Report by Committee on Rules read third time. Carried by Devlin. On passage of recommending passage with amendments. Referred bill the vote was: Ayes, 29; nays, 1 – Nelson. Bill to Committee on Revenue by order of the President. passed. Committee Report Summary No. 159 listing the HB 5135 B-Eng. -- Under rules suspension, following reports was distributed to members today. read third time. Carried by Westlund. Call of the Summary list recorded in Journal and Status Report Senate demanded by Westlund joined by Devlin and by order of the President. Burdick. All present. On passage of bill the vote was: Ayes, 16; nays, 14 – Atkinson, Bates, Burdick, HB 3159 -- Report by Committee on Rules Deckert, Devlin, George, Kruse, Metsger, Monnes recommending passage with amendments to the A- Anderson, Morrisette, Prozanski, Ringo, Shields, Engrossed bill. Walker. Bill passed. Committee Report Summary No. 160 listing the HB 5136 A-Eng. -- Under rules suspension, following reports was distributed to members today. read third time. Carried by Gordly. On passage of Summary list recorded in Journal and Status Report bill the vote was: Ayes, 29; nays, 1 – Kruse. Bill by order of the President. passed. HB 2485 -- Report by Committee on Rules HB 5156 B-Eng. -- Under rules suspension, recommending passage with amendments to the B- read third time. Carried by Gordly. On passage of Engrossed bill. bill the vote was: Ayes, 28; nays, 2 – Atkinson, SB 5544, 5546, 5587, 5602; HB 5083, 5112, 5134, Nelson. Bill passed. 5135, 5136, 5156, 5165, 5167, 5168 -- Rules HB 5165 B-Eng. -- Under rules suspension, suspended by unanimous consent in order that the read third time. Carried by Bates. On passage of bill Senate may take final action on Supplemental the vote was: Ayes, 29; nays, 1 – Whitsett. Bill Agenda No. 1 on motion of Brown. passed. SB 5544 B-Eng. -- Under rules suspension, HB 5167 B-Eng. -- Under rules suspension, Schrader moved that the Senate concur in House read third time. Carried by Gordly. On passage of amendments and repass bill. On concurrence and bill the vote was: Ayes, 30. Bill passed. repassage the vote was: Ayes, 22; nays, 5 – Atkinson, Beyer, George, Kruse, Whitsett; absent, 2 – Burdick, HB 5167 -- Prozanski requested the following Nelson; attending legislative business, 1 – Starr, B. explanation of vote be entered into the journal: Bill repassed. “I voted yes on HB 5167 based on the assurance that SB 5546 B-Eng. -- Under rules suspension, the twenty state troopers scheduled to be reassigned to Schrader moved that the Senate concur in House detective positions will not impact the number of troopers amendments and repass bill. On concurrence and patrolling our highway system. I also understand that the repassage the vote was: Ayes, 22; nays, 5 – Atkinson, state police will request additional funding at the first Beyer, Kruse, Starr, C., Whitsett; absent, 2 – Burdick, emergency board meeting after this session ends. Further, Nelson; attending legislative business, 1 – Starr, B. that these funds will be used to ensure that the current Bill repassed. level of highway patrol positions will be maintained during the 2005-07 biennium.” SB 5587 B-Eng. -- Under rules suspension, Schrader moved that the Senate concur in House HB 5168 A-Eng. -- Under rules suspension, amendments and repass bill. On concurrence and read third time. Carried by Gordly. On passage of repassage the vote was: Ayes, 24; nays, 6 – Atkinson, bill the vote was: Ayes, 29; nays, 1 – George. Bill Beyer, George, Kruse, Starr, B., Whitsett. Bill passed. repassed. SB 5548; 153, 283, 289, 467, 510, 781, 782, 863, SB 5602 B-Eng. -- Under rules suspension, 1018, 1080; HB 5129, 5139; 2065, 2112, 3124, 3497 -- Schrader moved that the Senate concur in House President Courtney signed on July 28. amendments and repass bill. On concurrence and SENATE JOURNAL SJ-233

Senate adjourned until 10:00 a.m. Friday by unanimous consent at the request of the Chair. Oregon Commission for Voluntary Action & Service

Friday, July 29, 2005 -- Morning Session Matthew Fisher Beth Fox Senate convened at 10:00 a.m. President Jack Lorts (a) and (r) Courtney in Chair. The following members were Ted Wheeler present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, Kruse, Metsger, Monnes Anderson, State Workforce Investment Board Morrisette, Morse, Nelson, Prozanski, Ringo, Peggy Miller Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, Whitsett, Winters. Colors were Under rules suspension, Shields moved that posted and the Senate pledged allegiance to the flag. the Senate confirm en bloc the Governor’s Invocation by Senator David Nelson, Pendleton. appointments as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 27; nays, SB 1076 -- Brown moved that the Senate refuse 3 – Beyer, Kruse, Whitsett. Confirmed en bloc. to concur in House amendments. Brown moved that the Governor’s appointment Senate at ease. Senate reassembled. of Pamela Fogg to the Oregon State Lottery Commission be confirmed. On confirmation the vote SB 1076 -- Debate resumed. Call of the Senate was: Ayes, 29; nays, 1 – Walker. Confirmed. demanded by Brown joined by Walker and Devlin. All present. Motion carried; the vote was: Ayes, 18; nays, Senate reverted to the order of Propositions and 12 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Motions by unanimous consent at the request of the Nelson, Starr, B., Starr, C., Westlund, Whitsett, Chair. Winters. Senate refused to concur in House amendments. SB 591 A-Eng. -- Burdick moved that the Senate concur in House amendments and repass bill. SB 1092 A-Eng. -- Schrader moved that the On concurrence and repassage the vote was: Ayes, 29; Senate concur in House amendments and repass bill. nays, 1 – Schrader. Bill repassed. On concurrence and repassage the vote was: Ayes, 25; nays, 5 – Atkinson, Beyer, Ferrioli, George, Kruse. Senate recessed until 11:05 a.m. by unanimous Bill repassed. consent at the request of the Chair. Rules suspended by unanimous consent in order Senate reconvened at 11:05 a.m. President that the Senate may take en bloc action on the Courtney in Chair. All present. confirmation of the following appointments on motion Senate, having recessed under the order of of Shields. Propositions and Motions, resumed under the general order of business by unanimous consent at the Energy Facility Siting Council request of the Chair. Martha Dibblee (r) SB 232 A-Eng. -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 29; Fair Dismissal Appeals Board attending legislative business, 1 – Nelson. Bill passed. (Carter in Chair) Carolyn Ramey (r) SB 1097 -- Read third time. Carried by Bob Weil (r) Courtney. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Monnes Anderson, State Board of Higher Education Nelson. Bill passed. John von Schlegell (r) HB 5148, 5158; 2485, 3159 -- Read second time and passed to third reading. Home Care Commission HB 5174 A-Eng. -- Read third time. Carried by Scott Lay Winters. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Monnes Anderson, Nelson. Bill passed. Oregon Racing Commission Todd Thorne (r) HB 2147 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Monnes Anderson, Teacher Standards and Practices Commission Nelson. Bill passed. Mario Alba (a) and (r) HB 2278 B-Eng. -- Read third time. Carried by Johnson. On passage of bill the vote was: Ayes, 28; Oregon Transportation Commission attending legislative business, 2 – Monnes Anderson, Nelson. Bill passed. Stuart Foster (r)

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HB 2461 B-Eng. -- Read third time. Carried by Atkinson, Bates, Beyer, Brown, Burdick, Carter, Ferrioli. Call of the Senate demanded by Brown Deckert, Devlin, Ferrioli, George, Gordly, Johnson, joined by Gordly and Starr, C. All present except Kruse, Metsger, Monnes Anderson, Morrisette, Monnes Anderson, Nelson, attending legislative Morse, Nelson, Prozanski, Ringo, Schrader, Shields, business. All members attending legislative business Starr, B., Starr, C., Verger, Walker, Westlund, arrived. On passage of bill the vote was: Ayes, 19; Whitsett, Winters. Colors were posted and the Senate nays, 11 – Atkinson, Beyer, George, Kruse, Metsger, pledged allegiance to the flag. Invocation by Senator Morrisette, Nelson, Prozanski, Ringo, Schrader, Frank Shields, Portland. Walker. Bill passed. SB 5583, 5614, 5632; 106, 300, 311, 815, 896, HB 2539 A-Eng. -- Read third time. Carried by 1025, 1034, 1084 -- Message from the Governor Bates. On passage of bill the vote was: Ayes, 29; announcing he signed on July 29. attending legislative business, 1 – Monnes Anderson. Bill passed. SB 5631, 5632; HB 5163; 2795, 3108, 3370, 3504 -- Message from the House announcing passage. HB 2668 -- Read third time. Carried by Prozanski. On passage of bill the vote was: Ayes, 29; SB 870, 899 -- Message from the House attending legislative business, 1 – Monnes Anderson. announcing passage as amended by the House. Bill passed. (President Courtney in Chair) HB 5083, 5134, 5135, 5156, 5165, 5167; 2181, HB 5148, 5158 -- Moved to the head of today's 2510 -- Message from the House announcing third reading calendar by unanimous consent at the concurrence in Senate amendments and repassage. request of the Chair. HB 3093 -- Message from the House HB 5148, 5158 -- Rules suspended by announcing refusal to concur in Senate amendments. unanimous consent in order that the Senate may take HB 3093 -- Message from the House announcing final action on motion of Brown. Brown, Boone, Richardson appointed House conferees HB 5148 B-Eng. -- Under rules suspension, No. 2. read third time. Carried by Carter. Potential conflict SB 5548; 153, 283, 289, 467, 510, 781, 782, 863, of interest declared by Westlund. Call of the Senate 1018, 1080; HB 2058, 2060, 2062, 2130, 2525, 3117, demanded by Carter joined by Gordly and Brown. All 3145 -- Message from the House announcing the present except Beyer, absent; Monnes Anderson, Speaker signed on July 29. attending legislative business. Pending arrival of members subject to the Call, Senate at ease. All Committee Report Summary No. 161 listing the present. Senate reassembled. On passage of bill the following reports was distributed to members July 29. vote was: Ayes, 23; nays, 7 – Atkinson, Beyer, George, Summary list recorded in Journal and Status Report Kruse, Nelson, Starr, B., Starr, C. Bill passed. by order of the President. HB 5158 B-Eng. -- Under rules suspension, HB 3093 -- Report by Conference Committee read third time. Carried by Bates. On passage of bill signed by Senators Bates, Ferrioli, Ringo and the vote was: Ayes, 28; absent, 1 – Morrisette; Representatives Brown, Boone, Kitts recommending excused, 1 – Winters. Bill passed. that the House concur in Senate amendments dated July 6 and that the B-Engrossed bill be further HB 3352 B-Eng. -- Bill read. Carried by Ringo. amended and repassed. On passage of bill the vote was: Ayes, 29; excused, 1 – Winters. Bill passed. SB 470 -- Report by Special Committee on Budget recommending passage with amendments to SB 5632 -- President Courtney signed on July the A-Engrossed bill. 29. HB 3121 -- Report by Committee on Rules President Courtney announced the following recommending passage with amendments to the A- committee assignment effective July 29. Engrossed bill to resolve conflicts. JOINT COMMITTEE ON WAYS AND MEANS HB 3238 -- Report by Committee on Rules SUBCOMMITTEES recommending passage with amendments to the A- Engrossed bill. Subcommittee on Capitol Construction and Bonding Committee Report Summary No. 162 listing the following reports was distributed to members July 29. Senator Kurt Schrader, Co-Chair Summary list recorded in Journal and Status Report Senator Margaret Carter by order of the President. Senator Jackie Winters SB 5629 -- Report by Special Committee on Budget recommending passage with amendments. Senate adjourned until 1:00 p.m. Saturday by unanimous consent at the request of the Chair. SB 2 -- Report by Special Committee on Budget recommending passage with amendments to the A- Saturday, July 30, 2005 -- Afternoon Session Engrossed bill. SB 4 -- Report by Special Committee on Budget Senate convened at 1:00 p.m. President Courtney recommending passage with amendments to the A- in Chair. The following members were present: Engrossed bill. SENATE JOURNAL SJ-235

SB 5 -- Report by Special Committee on Budget HB 5163; 2795, 3108, 3370, 3504 -- Read first recommending passage with amendments to the A- time and referred to President's desk. Engrossed bill. Senate proceeded to the order of Third Reading SB 557 -- Report by Special Committee on of House Measures by unanimous consent at the Budget recommending passage with amendments to request of the Chair. the A-Engrossed bill. HB 2485 C-Eng. -- Read third time. Carried by SB 570 -- Report by Special Committee on Beyer, Burdick. Call of the Senate demanded by Budget recommending passage with amendments to Brown joined by Devlin and Atkinson. All present. the A-Engrossed bill. On passage of bill the vote was: Ayes, 25; nays, 5 – Carter, Deckert, Nelson, Walker, Westlund. Bill SB 998 -- Report by Special Committee on passed. Budget recommending passage with amendments to the A-Engrossed bill. HB 2485 -- Carter requested the following explanation of vote be entered into the journal: SB 1100 -- Report by Special Committee on Budget recommending passage with amendments. “I am voting no on this bill. Not because I am blind to the seriousness of this issue. HB 5155 -- Report by Special Committee on Budget recommending passage with amendments to “Nor because I do not believe that we as a State need the A-Engrossed bill. to do something immediately about the many families that are suffering from the effects of this deadly use of Committee Report Summary No. 163 listing the methamphetamines and certainly the social and following reports was distributed to members July 29. dysfunctional impacts on individuals and communities. Summary list recorded in Journal and Status Report Aspects that are reeking havoc on our classrooms in our by order of the President. schools along with the increase of cost to human services. HB 3037 -- Report by Committee on Rules “Rather, I do so because our health care system is recommending passage with amendments. already reeling from the increase of costs associated within HB 3129 -- Report by Committee on Rules the present system and we are adding more cost as a result recommending passage with amendments to the A- of this action today. Engrossed bill. “Along with this issue, there comes a social system Committee Report Summary No. 164 listing the cost on our programs on alcohol and drug treatment that following reports was distributed to members today. did not receive actual dollars for prevention and treatment. Summary list recorded in Journal and Status Report “We only have so many dollars. by order of the President. “I am voting no at the request of my constituents. We HB 3262 -- Report by Conference Committee, need to fund all forms of treatment for abuse and misuse of signed by Senators Brown, Nelson, Walker and substances and alcohol. The issues are not separate. Drug, Representatives Brown, Macpherson, Richardson, alcohol abuse and meth are intertied to addiction profiles. recommending that the House concur in Senate And needs. amendments dated July 5 and that the A-Engrossed bill be further amended and repassed. “I feel that we should use sanctions to deal with this issue but we should be committing true and full resources SB 3 -- Report by Special Committee on Budget to prevention and treatment.” recommending passage of the A-Engrossed bill. Senate resumed under the general order of SB 680 -- Report by Committee on Rules business by unanimous consent at the request of the recommending passage of the A-Engrossed bill. Chair. HB 2122 -- Report by Committee on Rules SB 5543 B-Eng. -- Schrader moved that the recommending passage. Referred to Committee on Senate concur in House amendments and repass bill. Ways and Means by order of the President. On concurrence and repassage the vote was: Ayes, 30. Committee Report Summary No. 165 listing the Bill repassed. following reports was distributed to members today. SB 5581 B-Eng. -- Schrader moved that the Summary list recorded in Journal and Status Report Senate concur in House amendments and repass bill. by order of the President. On concurrence and repassage the vote was: Ayes, 24; SB 640 -- Report by Committee on Rules nays, 6 – Atkinson, Beyer, George, Kruse, Starr, B., recommending passage with amendments. Whitsett. Bill repassed. Subsequent referral to Committee on Ways and SB 5584 B-Eng. -- Schrader moved that the Means rescinded by order of the President. Senate concur in House amendments and repass bill. SB 1041 -- Report by Committee on Rules On concurrence and repassage the vote was: Ayes, 29; recommending passage with amendments. attending legislative business, 1 – Ringo. Bill repassed. Senate proceeded to the order of First Reading of House Measures by unanimous consent at the request SB 5617 B-Eng. -- Schrader moved that the of the Chair. Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 29;

SJ-236 SENATE JOURNAL attending legislative business, 1 – Ringo. Bill SB 290, 496 -- Moved to the foot of today's third repassed. reading calendar by unanimous consent at the request of the Chair. SB 359 C-Eng. -- Schrader moved that the Senate concur in House amendments and repass bill. SB 5629 A-Eng. -- Under rules suspension, read On concurrence and repassage the vote was: Ayes, 25; third time. Carried by Johnson. On passage of bill nays, 4 – Beyer, George, Kruse, Whitsett; attending the vote was: Ayes, 28; absent, 1 – Gordly; attending legislative business, 1 – Ringo. Bill repassed. legislative business, 1 – Prozanski. Bill passed. SB 1067 A-Eng. -- Brown moved that the SB 2 B-Eng. -- Under rules suspension, read Senate concur in House amendments and repass bill. third time. Carried by Bates. On passage of bill the On concurrence and repassage the vote was: Ayes, 25; vote was: Ayes, 26; nays, 2 – Beyer, Kruse; absent, 1 – nays, 4 – Burdick, Metsger, Shields, Verger; Gordly; attending legislative business, 1 – Prozanski. attending legislative business, 1 – Ringo. Bill Bill passed. repassed. Senate reverted to the order of Propositions and SB 5629; 2, 3, 4, 5, 470, 557, 570, 680, 998, 1100 Motions by unanimous consent at the request of the -- Read second time and passed to third reading. Chair. HB 5155; 3037, 3121, 3129, 3238 -- Read second SB 290 B-Eng. -- Ringo moved that the Senate time and passed to third reading. concur in House amendments and repass bill. Call of the Senate demanded by Brown joined by Ringo and HB 3159 B-Eng. -- Read third time. Carried by Metsger. All present except Gordly, attending Atkinson. On passage of bill the vote was: Ayes, 30. legislative business. Pending arrival of member Bill passed. subject to the Call, Senate at ease. Further Senate recessed until 3:20 p.m. by unanimous proceedings under the Call terminated by unanimous consent on motion of Ferrioli. consent at the request of the Chair. Member arrived. Senate reassembled. On concurrence and repassage Senate reconvened at 3:20 p.m. President the vote was: Ayes, 29; nays, 1 – George. Bill Courtney in Chair. All present except Atkinson, repassed. Bates, Beyer, Burdick, Carter, Deckert, Devlin, Gordly, Kruse, Metsger, Monnes Anderson, SB 496 A-Eng. -- Ringo moved that the Senate Morrisette, Prozanski, Ringo, Schrader, Shields, concur in House amendments and repass bill. On Westlund, absent. concurrence and repassage the vote was: Ayes, 26; nays, 4 – Beyer, George, Kruse, Starr, C. Bill Call of the Senate demanded by Brown joined by repassed. Morse and George. All present except Atkinson, Bates, Burdick, Carter, Deckert, Devlin, Gordly, SB 3 A-Eng. -- Under rules suspension, read Metsger, Prozanski, Ringo, Schrader, Shields, third time. Carried by Bates. On passage of bill the Westlund, absent. Pending arrival of members subject vote was: Ayes, 25; nays, 4 – Beyer, Ferrioli, Kruse, to the Call, Senate at ease. All present. Senate Whitsett; attending legislative business, 1 – Gordly. reassembled. Bill passed. Senate, having recessed following the order of SB 4 B-Eng. -- Under rules suspension, read Third Reading of House Measures, resumed under third time. Carried by Bates. On passage of bill the the general order of business by unanimous consent vote was: Ayes, 25; nays, 4 – Beyer, Ferrioli, Kruse, at the request of the Chair. Whitsett; attending legislative business, 1 – Gordly. Bill passed. SB 1076 -- Brown, Devlin, Starr, C. appointed Senate conferees. SB 5 B-Eng. -- Under rules suspension, read third time. Carried by Bates. On passage of bill the HB 2537 -- Kruse, Johnson, Verger appointed vote was: Ayes, 25; nays, 4 – Beyer, Ferrioli, Kruse, Senate conferees. Whitsett; attending legislative business, 1 – Gordly. HB 3093 -- Bates, Ferrioli, Ringo appointed Bill passed. Senate conferees No. 2. SB 470 B-Eng. -- Under rules suspension, read Senate reverted to the order of Propositions and third time. Carried by Schrader, Morse. Call of the Motions by unanimous consent at the request of the Senate demanded by Schrader joined by Brown and Chair. Winters. All present except Gordly, attending legislative business. Pending arrival of member SB 5629; 2, 3, 4, 5, 470, 557, 570, 680, 998, 1100; subject to the Call, Senate at ease. All present. Senate HB 5155; 3121, 3129, 3238, -- Rules suspended by reassembled. On passage of bill the vote was: Ayes, unanimous consent in order that the Senate may take 24; nays, 6 – Burdick, Devlin, Prozanski, Ringo, final action on Supplemental Agenda No. 1 on motion Shields, Walker. Bill passed. of Brown. SB 557 B-Eng. -- Under rules suspension, read Senate reverted to the order of Third Reading of third time. Carried by Bates. On passage of bill the Senate Measures by unanimous consent at the vote was: Ayes, 26; nays, 1 – Beyer; attending request of the Chair. legislative business, 3 – Gordly, Metsger, Walker. Bill passed. SENATE JOURNAL SJ-237

SB 570 B-Eng. -- Under rules suspension, read third time. Carried by Shields. Potential conflict of Environmental Quality Commission (ORS 468.010) interest declared by Kruse, Nelson. Call of the Senate demanded by Brown joined by George and Walker. All Donalda Dodson Rules present except Gordly, attending legislative business. Pending arrival of member subject to the Call, Senate Long Term Care Advisory Committee (ORS 441.137) at ease. All present. Senate reassembled. On passage of bill the vote was: Ayes, 17; nays, 13 – Atkinson, Jean Williams (r) Rules Beyer, Ferrioli, George, Kruse, Morse, Nelson, Schrader, Starr, B., Starr, C., Westlund, Whitsett, Board on Public Safety Standards and Training (ORS Winters. Bill passed. 181.620) SB 680 A-Eng. -- Under rules suspension, bill David Schutt Rules read. Carried by Johnson. Potential conflict of interest declared by Johnson. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – State Workforce Investment Board (ORS 660.321) Metsger, Walker. Bill passed. Deckert, absent when Gilbert Hayes Rules roll called, granted unanimous consent to vote aye. Cynthia Risan Rules SB 998 B-Eng. -- Under rules suspension, read The following measures were referred to third time. Carried by Johnson. Potential conflict of committee on July 30 and recorded on Committee interest declared by Verger. On passage of bill the Referral List No. 60 which was distributed to vote was: Ayes, 27; nays, 1 – Monnes Anderson; members. Referral list recorded in the Journal and attending legislative business, 2 – Metsger, Walker. Status Report by order of the President. Bill passed. Deckert, absent when roll called, granted unanimous consent to vote aye. HB 5163 Budget SB 1100 A-Eng. -- Under rules suspension, read HB 2795 Budget third time. Carried by Johnson. On passage of bill HB 3108 Rules the vote was: Ayes, 28; attending legislative business, HB 3370 Rules 2 – Metsger, Walker. Bill passed. HB 3504 Budget

Senate reverted to the order of Third Reading of House Measures by unanimous consent at the request SB 5632 -- President Courtney signed on July of the Chair. 29. HB 5155 B-Eng. -- Under rules suspension, SB 5547, 5631; 660, 907, 1088; HB 2058, 2060, read third time. Carried by Schrader. On passage of 2062, 2130, 2525, 3117, 3145, 3502 -- President bill the vote was: Ayes, 24; nays, 3 – Atkinson, Beyer, Courtney signed on July 30. Kruse; attending legislative business, 3 – Burdick, Metsger, Walker. Bill passed. Senate adjourned until 1:00 p.m. Monday by unanimous consent at the request of the Chair. HB 3121 B-Eng. -- Under rules suspension, read third time. Carried by Prozanski. On passage of Monday, August 1, 2005 -- Afternoon Session bill the vote was: Ayes, 27; attending legislative business, 3 – Burdick, Metsger, Walker. Bill passed. Senate convened at 1:00 p.m. President Courtney HB 3129 B-Eng. -- Under rules suspension, in Chair. The following members were present: read third time. Carried by Brown. On passage of Atkinson, Bates, Beyer, Brown, Burdick, Carter, bill the vote was: Ayes, 22; nays, 2 – Beyer, Nelson; Deckert, Devlin, Ferrioli, George, Gordly, Johnson, attending legislative business, 6 – Bates, Burdick, Kruse, Metsger, Monnes Anderson, Morrisette, Ferrioli, Metsger, Ringo, Walker. Bill passed. Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Starr, B., Starr, C., Verger, Walker, Westlund, HB 3238 B-Eng. -- Under rules suspension, Whitsett, Winters. Colors were posted and the Senate read third time. Carried by Shields. On passage of pledged allegiance to the flag. Invocation by Senator bill the vote was: Ayes, 25; nays, 2 – Beyer, Kruse; Frank Morse, Corvallis. attending legislative business, 3 – Burdick, Metsger, Walker. Bill passed. SB 5631 -- Message from the Governor announcing he signed on July 30. The following measures were referred to committee on July 29 and recorded on Committee The following message from the Governor was read Referral List No. 59 which was distributed to and referred to the President's desk: members. Referral list recorded in the Journal and Status Report by order of the President. August 1, 2005 HJR 18 Rules TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 73rd LEGISLATIVE ASSEMBLY Commission on Asian Affairs (ORS 185.610) ORS 656.712 provides that the Governor shall appoint the Massoud Saberian (r) Rules members of the Workers’ Compensation Board, subject to Carol Suzuki (r) Rules

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Senate confirmation, in the manner provided by ORS HB 2795 -- Report by Special Committee on 171.562 and ORS 171.565. Budget recommending passage of the A-Engrossed I appoint Abigail Herman of Oregon City as a member of bill. the Workers’ Compensation Board for a four-year term HB 3504 -- Report by Special Committee on beginning August 8, 2005, and ending August 7, 2009, effective upon Senate confirmation. Budget recommending passage of the A-Engrossed bill. This appointment is submitted for your consideration. Committee Report Summary No. 168 listing the Sincerely, following reports was distributed to members today. Ted Kulongoski Summary list recorded in Journal and Status Report Governor by order of the President. SB 1, 1083; HB 3507 -- Message from the House HB 2070 -- Report by Committee on Rules announcing passage. recommending passage with amendments to the A- SB 408 -- Message from the House announcing Engrossed bill. (Amendments distributed August 1) passage as amended by the House. HB 2490 -- Report by Committee on Rules recommending passage with amendments to the A- HB 5112, 5148, 5158; 3352 -- Message from the House announcing concurrence in Senate Engrossed bill. (Amendments distributed August 1) amendments and repassage. Committee Report Summary No. 169 listing the following reports was distributed to members today. HB 3262 -- Message from the House announcing adoption of conference committee report Summary list recorded in Journal and Status Report and repassage. by order of the President. SB 887 -- Report by Conference Committee, SB 5547, 5631; 660, 907, 1088 -- Message from the House announcing the Speaker signed on July 30. signed by Senators Ringo, Devlin, Starr, B. and Representatives Ackerman, Garrard, Smith, P., Committee Report Summary No. 166 listing the recommending that the Senate concur in House following reports was distributed to members today. amendments dated June 8 and that the B-Engrossed Summary list recorded in Journal and Status Report bill be further amended and repassed. by order of the President. HB 2327 -- Report by Committee on Rules HB 2312 -- Report by Conference Committee, recommending passage with amendments to the B- signed by Senators Burdick, Gordly, Whitsett and Engrossed bill. (Amendments distributed August 1) Representatives Barker, Krieger, Olson, HB 3184 -- Report by Committee on Rules recommending that the House concur in Senate amendments dated June 27 and that the B-Engrossed recommending passage with amendments to the A- bill be further amended and repassed. Engrossed bill. (Amendments distributed August 1) HB 3262 -- Parlimentary inquiry by Beyer. HB 3093 -- Report by Conference Committee, signed by Senators Ferrioli, Ringo, Metsger and Senator Beyer asked if the Conference Committee Report is in violation of SR 11.10 (1) in that the Representatives Brown, Boone, Kitts, recommending amendments deal with an entirely new issue that was that the House concur in Senate amendments dated July 6 and that the bill be repassed. ( No Senate not discussed in either Senate or House committees. action required ) President Courtney deferred action on the ruling. HB 3037 -- Ferrioli moved to rerefer to HB 3310 -- Report by Conference Committee, signed by Senators Beyer, Burdick, Ringo and Committee on Rules. Call of the Senate demanded by Brown joined by Metsger and Devlin. All present Representatives Ackerman, Garrard, Schaufler, except Westlund, absent. Further proceedings under Smith, G., Smith, P., recommending that the House concur in Senate amendments dated June 16 and that the Call terminated at the request of Brown. The vote was: Ayes, 12; nays, 17--Bates, Brown, Carter, the B-Engrossed bill be further amended and Deckert, Devlin, Gordly, Johnson, Metsger, Monnes repassed. Anderson, Morrisette, Prozanski, Ringo, Schrader, HB 2169 -- Report by Committee on Rules Shields, Verger, Walker, President Courtney; absent, recommending passage. 1--Burdick. Motion failed. Committee Report Summary No. 167 listing the SB 638 -- Deckert moved that the rules be following reports was distributed to members today. suspended to allow reconsideration of the vote Summary list recorded in Journal and Status Report whereby the Senate refused to concur in the House by order of the President. amendments on June 21. Motion carried by unanimous consent. HB 5153 -- Report by Special Committee on Budget recommending passage with amendments to SB 638 -- Under rules suspension, Deckert the A-Engrossed bill. (Amendments distributed moved that the vote whereby the Senate refused to August 1) concur in the House amendments be reconsidered. Motion carried by voice vote. Vote reconsidered. HB 5163 -- Report by Special Committee on Budget recommending passage of the A-Engrossed SB 638 A-Eng. -- Under rules suspension, bill. Deckert moved that the Senate concur in House SENATE JOURNAL SJ-239 amendments and repass bill. On concurrence and Senate reverted to the order of Propositions and repassage the vote was: Ayes, 30. Bill repassed. Motions by unanimous consent at the request of the Chair. SB 5612 -- Schrader moved that the Senate concur in House amendments and repass bill. SB 408; HB 5153, 5163; 2169, 2795, 3504 -- Rules suspended by unanimous consent in order that Senate recessed until 1:50 p.m. by unanimous the Senate may take final action on Supplemental consent at the request of Brown. Agenda No. 1 on motion of Brown. Senate reconvened at 1:50 p.m. President SB 408 C-Eng. -- Under rules suspension, Courtney in Chair. All present. Metsger moved that the Senate concur in House Senate, having recessed under the order of amendments and repass bill. On concurrence and Propositions and Motions, resumed under the general repassage the vote was: Ayes, 30. Bill repassed. order of business by unanimous consent at the SB 899 B-Eng. -- Starr, B. moved that the request of the Chair. Senate concur in House amendments and repass bill. SB 5612 B-Eng. -- Debate resumed. Call of the On concurrence and repassage the vote was: Ayes, 30. Senate demanded by Brown joined by Whitsett and Bill repassed. George. All present except Prozanski, attending HB 3262 -- In response to Beyer’s legislative business. Pending arrival of member parliamentary inquiry, President Courtney ruled that subject to the Call, Senate at ease. All present. Senate the process for the conference committee was reassembled. On concurrence and repassage the vote conducted fairly and in accordance with custom of the was: Ayes, 23; nays, 7 – Atkinson, Burdick, Deckert, Senate. It has been the custom that the conference Devlin, Metsger, Ringo, Walker. Bill repassed. committee on Senate bills follow Senate Rules and the Deckert granted unanimous consent to change vote conference committee on House bills follow House from aye to nay. Rules. The House Rules state that a conference SB 870 C-Eng. -- Schrader moved that the committee may report substantive amendments. Senate concur in House amendments and repass bill. “Substantive amendments” is defined as “any On concurrence and repassage the vote was: Ayes, 30. amendment that does more than reconcile the Bill repassed. differences between the House and Senate versions.” The conference committee on HB 3262 voted SB 640, 1041 -- Read second time and passed to unanimously to adopt this report. In accordance with third reading. our custom (Senate Rule 2.01), the committee report SB 640, 1041 -- Rules suspended by unanimous is properly before the Senate. consent in order to consider bills under third reading HB 3262 A-Eng.* -- Conference Committee immediately on motion of Brown. report adopted and bill repassed on motion of Brown. SB 640 A-Eng. -- Under rules suspension, read The vote was: Ayes, 21; nays, 9 – Atkinson, Beyer, third time. Carried by Winters. Call of the Senate Carter, George, Kruse, Schrader, Starr, C., Verger, demanded by Starr, C. joined by Ferrioli and Winters. Whitsett. Bill repassed. All present except Starr, B., attending legislative Senate reverted to the order of Third Reading of business. Pending arrival of member subject to call, House Measures by unanimous consent at the request Senate at ease. All present. Senate reassembled. On of the Chair. passage of bill the vote was: Ayes, 28; nays, 2 – George, Shields. Bill passed. HB 5153 B-Eng. -- Under rules suspension, read third time. Carried by Devlin. On passage of SB 1041 A-Eng. -- Under rules suspension, read bill the vote was: Ayes, 30. Bill passed. third time. Carried by Gordly. On passage of bill the vote was: Ayes, 26; nays, 3 – Beyer, Kruse, Whitsett; HB 5163 A-Eng. -- Under rules suspension, attending legislative business, 1 – Prozanski. Bill read third time. Carried by Johnson. On passage of passed. bill the vote was: Ayes, 29; attending legislative business, 1 – Brown. Bill passed. HB 3507 -- Read first time and referred to President’s desk. HB 2169 -- Under rules suspension, read third time. Carried by Ferrioli. On passage of bill the vote HB 5153, 5163; 2169, 2795, 3504 -- Read second was: Ayes, 29; attending legislative business, 1 – time and passed to third reading. Brown. Bill passed. HB 3037 A-Eng. -- Read third time. Carried by HB 2795 A-Eng. -- Under rules suspension, Brown. Call of the Senate demanded by Brown joined read third time. Carried by Johnson. On passage of by Winters and Ferrioli. All present except Deckert, bill the vote was: Ayes, 29; attending legislative absent. Pending arrival of member subject to the Call, business, 1 – Brown. Bill passed. Senate at ease. All present. Senate reassembled. On passage of bill the vote was: Ayes, 19; nays, 11 – HB 3504 A-Eng. -- Under rules suspension, Atkinson, Beyer, Burdick, Carter, Deckert, Kruse, read third time. Carried by Johnson. On passage of Morrisette, Ringo, Shields, Walker, Westlund. Bill bill the vote was: Ayes, 29; attending legislative passed. business, 1 – Brown. Bill passed. Senate recessed until 5:30 p.m. by unanimous consent at the request of the Chair.

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Monday, August 1, 2005 -- Evening Session Kruse, Whitsett; absent, 3 – Bates, Burdick, Westlund. Bill repassed. Senate reconvened at 5:30 p.m. President SB 303 A-Eng. -- Under rules suspension, Courtney in Chair. All present except Bates, Burdick, Morrisette moved that the Senate concur in House Westlund, absent. amendments and repass bill. On concurrence and Senate, having recessed under the order of repassage the vote was: Ayes, 24; nays, 4 – Beyer, Announcements, reverted to the order of Messages by Ferrioli, Morse, Whitsett; absent, 2 – Bates, unanimous consent at the request of the Chair. Westlund. Bill repassed. SB 17, 838, 995, 1097; HB 3505 -- Message from SB 1072 B-Eng. -- Under rules suspension, the House announcing passage. Brown moved that the Senate refuse to concur in House amendments. Call of the Senate demanded by SB 247, 303, 421, 1072 -- Message from the Brown joined by Devlin and Burdick. All present. House announcing passage as amended by the House. The vote was: Ayes, 18; nays, 12 – Atkinson, Beyer, HB 5155; 2485, 3121, 3238 -- Message from the Ferrioli, George, Kruse, Morse, Nelson, Starr, B., House announcing concurrence in Senate Starr, C., Westlund, Whitsett, Winters. Motion amendments and repassage. carried. HB 3093 -- Message from the House SB 1072 -- Brown, Nelson, Shields appointed announcing adoption of conference committee report Senate conferees. No. 2 and repassage. SB 887 B-Eng.* -- Under rules suspension, HB 2312, 3310 -- Message from the House Devlin moved that the report be adopted and the bill announcing adoption of conference committee report repassed. Call of the Senate demanded by Brown and repassage. joined by George and Devlin. All present. The vote was: Ayes, 17; nays, 13 – Bates, Beyer, Burdick, HB 3129 -- Message from the House Gordly, Kruse, Metsger, Monnes Anderson, announcing refusal to concur in Senate amendments. Morrisette, Prozanski, Ringo, Schrader, Shields, House conferees to be appointed. Verger. Bill repassed. Senate reverted to the order of Reports from HB 2312 B-Eng.* -- Under rules suspension, Standing Committees by unanimous consent at the Conference Committee report adopted and bill request of the Chair. repassed on motion of Burdick. The vote was: Ayes, 28; nays, 2 – Beyer, Kruse. Bill repassed. Committee Report Summary No. 170 listing the following reports was distributed to members today. HB 3310 B-Eng.* -- Under rules suspension, Summary list recorded in Journal and Status Report Conference Committee report adopted and bill by order of the President. repassed on motion of Beyer. The vote was: Ayes, 29; absent, 1 – Metsger. Bill repassed. HB 2316 -- Report by Committee on Rules recommending passage with amendments to the A- Senate reverted to the order of Third Reading of Engrossed bill. (Amendments distributed August 1) House Measures by unanimous consent at the request of the Chair. Senate reverted to the order of First Reading of House Measures by unanimous consent at the request HB 2070 -- Under rules suspension, read third of the Chair. time. Carried by Carter. HB 3505 -- Read first time and referred to Senate at ease. Senate reassembled. President's desk. HB 2070 B-Eng. -- Debate resumed. Call of the Senate reverted to the order of Second Reading Senate demanded by Brown joined by Ringo and of House Measures by unanimous consent at the Devlin. All present. On passage of bill the vote was: request of the Chair. Ayes, 16; nays, 14 – Atkinson, Beyer, Ferrioli, George, Kruse, Metsger, Monnes Anderson, Prozanski, HB 2070, 2316, 2327, 2490, 3184 -- Read second Schrader, Starr, B., Starr, C., Westlund, Whitsett, time and passed to third reading. Winters. Bill passed. Senate reverted to the order of Propositions and HB 2316 -- Under rules suspension, read third Motions by unanimous consent at the request of the time. Carried by Atkinson. Bill failed, the vote was: Chair. Ayes, 13; nays, 17 – Bates, Beyer, Burdick, Carter, SB 247, 303, 887, 1072; HB 2070, 2312, 2316, George, Gordly, Johnson, Metsger, Monnes Anderson, 2327, 2490, 3184, 3310 -- Rules suspended by Morse, Prozanski, Ringo, Shields, Verger, Walker, unanimous consent in order that the Senate may take Westlund, Whitsett. Bill failed. Beyer, having voted final action on Supplemental Agenda No. 2 on motion on the prevailing side, served notice of possible of Brown. reconsideration. SB 247 B-Eng. -- Under rules suspension, HB 2327 C-Eng. -- Under rules suspension, Schrader moved that the Senate concur in House read third time. Carried by Ferrioli. Potential amendments and repass bill. On concurrence and conflict of interest declared by Beyer. Call of the repassage the vote was: Ayes, 24; nays, 3 – Beyer, Senate demanded by Ferrioli joined by Brown and SENATE JOURNAL SJ-241

George. All present. On passage of bill the vote was: Committee Report Summary No. 172 listing the Ayes, 28; nays, 2 – Burdick, Ringo. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2490 B-Eng. -- Under rules suspension, by order of the President. read third time. Carried by Shields. On passage of bill the vote was: Ayes, 27; nays, 2 – Ferrioli, HB 3463 -- Report by Committee on Rules Westlund; absent, 1 – Deckert. Bill passed. recommending passage. The following measures were referred to Report by Committee on Rules recommending committee on August 1 and recorded on Committee that the Governor's reappointments of Carol Suzuki Referral List No. 61 which was distributed to (appearance waived) and Massoud Saberian members. Referral list recorded in the Journal and (appearance waived) to the Commission on Asian Status Report by order of the President. Affairs be confirmed en bloc. Report by Committee on Rules recommending Workers’ Compensation Board (ORS 656.712) that the Governor's appointment of Donalda Dodson to the Environmental Quality Commission be Abigail Herman Rules confirmed. HB 3129 -- Brown, Starr, C., Walker appointed Report by Committee on Rules recommending Senate conferees. that the Governor's reappointment of Jean Williams SJR 24; SB 5544, 5546, 5587, 5602, 5610, 5630; (appearance waived) to the Long Term Care Advisory 82, 501, 591, 1068, 1092 -- President Courtney Committee be confirmed. signed on August 1. Report by Committee on Rules recommending Senate adjourned until 2:00 p.m. Tuesday by that the Governor's appointments of Mark Prince and unanimous consent at the request of the Chair. David Schutt to the Board on Public Safety Standards and Training be confirmed en bloc. Tuesday, August 2, 2005 -- Afternoon Session Report by Committee on Rules recommending that the Governor's appointment of Abigail Herman Senate convened at 2:00 p.m. President Courtney to the Workers' Compensation Board be confirmed. in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, Report by Committee on Rules recommending Deckert, Devlin, Ferrioli, George, Gordly, Johnson, that the Governor's appointments of Gilbert Hayes Kruse, Metsger, Monnes Anderson, Morrisette, and Cynthia Risan to the State Workforce Investment Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Board be confirmed en bloc. Starr, B., Starr, C., Verger, Walker, Westlund, HB 2316 -- Pursuant to notice given August 1, Whitsett, Winters. Colors were posted by Boy Scout Beyer moved that the vote whereby bill failed to pass Troop #17 and the Senate pledged allegiance to the the Senate be reconsidered. flag. Invocation by Senator Avel Gordly, Portland. (Carter in Chair) Senate at ease. Senate reassembled. Senate recessed until 2:55 p.m. by unanimous HB 2316 B-Eng. -- Motion to reconsider vote consent on motion of Brown. carried. The vote was: Ayes, 22; nays, 7 – Burdick, Deckert, Gordly, Morrisette, Prozanski, Shields, Senate reconvened at 2:55 p.m. President Pro Walker; absent, 1 – Ringo. Vote reconsidered. Tempore Carter in Chair. All present except Ringo, absent. HB 2316 -- Taken from today’s calendar and placed on August 3 calendar by voice vote on motion Senate, having recessed under the order of of Brown. Remonstrances, resumed under the general order of business by unanimous consent at the request of the HB 3184 -- Taken from today's third reading Chair. calendar and rereferred to Committee on Rules by voice vote on motion of Brown. Committee Report Summary No. 171 listing the following reports was distributed to members today. SB 1101, 1102 -- Introduced, read first time and Summary list recorded in Journal and Status Report referred to President’s desk. by order of the President. SB 787 -- Read second time and passed to third SB 787 -- Report by Committee on Rules reading. recommending passage with amendments. HB 2157, 2588, 3463, 3469 -- Read second time (Amendments distributed August 2) and passed to third reading. HB 2157 -- Report by Rules recommending Senate reverted to the order of Propositions and passage with amendments to the C-Engrossed bill to Motions by unanimous consent at the request of the resolve conflicts. (Amendments distributed August 2) Chair. HB 3469 -- Report by Committee on Rules SB 787; HB 2157 -- Rules suspended by recommending passage with amendments to the A- unanimous consent in order that the Senate may take Engrossed bill. (Amendments distributed August 2) final action on Supplemental Agenda No. 1 on motion of Brown.

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Senate reverted to the order of Third Reading of SB 1072 -- Message from the House announcing Senate Measures by unanimous consent at the Boquist, Hanna, Schaufler appointed House request of the Chair. conferees. SB 787 A-Eng. -- Under rules suspension, read SB 1076 -- Message from the House announcing third time. Carried by Starr, C. On passage of bill Dalto, Flores, Schaufler appointed House conferees. the vote was: Ayes, 24; nays, 4 – Burdick, Carter, Johnson, Schrader; absent, 1 – Ringo; excused, 1 – HB 3129 -- Message from the House Monnes Anderson. Bill passed. announcing Boone, Dallum, Flores appointed House conferees. Senate reverted to the order of Third Reading of House Measures by unanimous consent at the request SJR 24; SB 5544, 5546, 5587, 5602, 5610, 5630; of the Chair. 82, 501, 591, 1068, 1092; HB 5083, 5134, 5135, 5136, 5156, 5165, 5167, 5168, 5174; 2147, 2181, 2278, 2306, HB 2157 D-Eng. -- Under rules suspension, 2461, 2510, 2539, 2668, 3143 -- Message from the read third time. Carried by Brown. On passage of House announcing the Speaker signed on August 2. bill the vote was: Ayes, 28; nays, 1 – Schrader; absent, 1 – Ringo. Bill passed. Committee Report Summary No. 173 listing the following reports was distributed to members August SB 1072 -- Brown discharged as Senate 2. Summary list recorded in Journal and Status conferee. Bates appointed as Senate conferee. Report by order of the President. SB 5543, 5581, 5584, 5617; 1, 290, 359, 496, SB 5504 -- Report by Committee on Ways and 1067, 1083 -- President Courtney signed August 2. Means recommending passage with amendments. Senate adjourned until 1:00 p.m. Wednesday by SB 1094 -- Report by Committee on Rules unanimous consent at the request of the Chair. recommending passage with amendments. HB 5164 -- Report by Special Committee on Wednesday, August 3, 2005 -- Afternoon Session Budget recommending passage with amendments to the A-Engrossed bill. Senate convened at 1:00 p.m. President Courtney in Chair. The following members were present: HB 2588 -- Report by Special Committee on Atkinson, Bates, Beyer, Brown, Burdick, Carter, Budget recommending passage of the A-Engrossed Deckert, Devlin, Ferrioli, George, Gordly, Johnson, bill. Kruse, Metsger, Monnes Anderson, Morrisette, Committee Report Summary No. 174 listing the Morse, Nelson, Prozanski, Ringo, Schrader, Shields, following reports was distributed to members today. Starr, B., Starr, C., Verger, Walker, Westlund, Summary list recorded in Journal and Status Report Whitsett, Winters. Colors were posted and the Senate by order of the President. pledged allegiance to the flag. Invocation by Senator Bruce Starr, Hillsboro. SCR 11 -- Report by Committee on Rules recommending adoption. SB 173, 806, 1059 -- Message from the Governor announcing he signed on August 2. Committee Report Summary No. 175 listing the following reports was distributed to members today. SB 5548; 153, 283, 289, 467, 510, 781, 782, 863, Summary list recorded in Journal and Status Report 1018, 1080 -- Message from the Governor by order of the President. announcing he signed on August 3. HB 3129 -- Report by Conference Committee, SB 5629; 152, 557, 680, 1041; HB 5019, 5176; signed by Senators Brown, Starr, C., Walker and 2101, 2792 -- Message from the House announcing Representatives Boone, Dallum, Flores, passage. recommending that the House concur in Senate SB 71, 548, 844, 1037, 1085, 1089, 1100 -- amendments dated July 29 and that the B-Engrossed Message from the House announcing passage as bill be further amended and repassed. amended by the House. Senate recessed until 1:55 p.m. by unanimous HB 5153; 2157, 2327, 2490, 3159 -- Message consent on motion of Brown. from the House announcing concurrence in Senate Senate reconvened at 1:55 p.m. President amendments and repassage. Courtney in Chair. All present. SB 887 -- Message from the House announcing Senate, having recessed under the order of adoption of conference committee report and Propositions and Motions, resumed under the general repassage. order of business by unanimous consent at the HB 3129 -- Message from the House request of the Chair. announcing adoption of conference committee report Senate at ease. Senate reassembled. and repassage. HB 5019, 5176; 2101, 2792 -- Read first time HB 3037 -- Message from the House and referred to President’s desk. announcing refusal to concur in Senate amendments. House conferees to be appointed. Consideration of Executive Appointments moved to the foot on today’s calendar at the request of the Chair. SENATE JOURNAL SJ-243

SB 1103 -- Introduced, read first time and SB 1037 -- Under rules suspension, Senate referred to President’s desk. refused to concur in House amendments. Call of the Senate demanded by Brown joined by Devlin and SCR 11; SB 5504; 1094 -- Read second time and Prozanski. All present. The vote was: Ayes, 18; nays, passed to third reading. 12 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, SB 5504; 1094 -- Rules suspended by Nelson, Starr, B., Starr, C., Westlund, Whitsett, unanimous consent in order that the Senate may take Winters. Motion carried. final action immediately on motion of Brown. SB 1085 -- Under rules suspension, Senate SB 5504 A-Eng. -- Under rules suspension, read refused to concur in House amendments. Call of the third time. Carried by Winters. On passage of bill Senate demanded by Brown joined by Devlin and the vote was: Ayes, 29; attending legislative business, Prozanski. All present. The vote was: Ayes, 19; nays, 1 – Deckert. Bill passed. 11 – Atkinson, Beyer, Ferrioli, Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, Whitsett, Winters. SB 1094 A-Eng. -- Under rules suspension, read Motion carried. third time. Carried by Nelson. On passage of bill the vote was: Ayes, 28; nays, 1 – Schrader; attending SB 1089 A-Eng. -- Under rules suspension, legislative business, 1 – Deckert. Bill passed. Carter moved that the Senate concur in House amendments and repass bill. On concurrence and HB 5164 -- Read second time and passed to repassage the vote was: Ayes, 30. Bill repassed. third reading. SB 1089 -- Carter requested the following HB 2316 B-Eng. -- Bill read. Carried by Brown. explanation of vote be entered into the journal: Call of the Senate demanded by Brown joined by Devlin and Ferrioli. All present except Deckert, “As the Chief Sponsor, I explain my support of SB absent. Pending arrival of member subject to the Call, 1089A, and I thank my colleagues for their support of this Senate at ease. All present. Senate reassembled. On fundamental Human Rights legislation. passage of bill the vote was: Ayes, 17; nays, 13 – “The Senate was key. Bates, Burdick, George, Gordly, Metsger, Monnes Anderson, Morrisette, Prozanski, Ringo, Schrader, “You made this happen. Shields, Verger, Walker. Bill passed. “You awoke the house to act. HB 2588 A-Eng. -- Read third time. Carried by Bates. Call of the Senate demanded by Brown joined “Genocide will have no feather bed from Oregon. by Bates and Gordly. All present except Deckert, “I support this bill because SB 1089A adheres to the absent. Pending arrival of member subject to the Call, fundamental principles of all divestiture legislation that I Senate at ease. All present. Senate reassembled. On have ever introduced: fiduciary responsibility and moral passage of bill the vote was: Ayes, 16; nays, 14 – integrity and institutional integrity. See: House Bill 2001 Atkinson, Beyer, Burdick, Carter, Ferrioli, Johnson, [1987]. Kruse, Metsger, Morse, Nelson, Starr, B., Starr, C., Westlund, Winters. Bill passed. “SB 1089A upholds the fundamental integrity of the Senate, and Legislative Assembly, in those noble words, HB 3463 -- Read third time. Carried by Brown. upon every bill to arise from this august Chamber: On passage of bill the vote was: Ayes, 29; nays, 1 – Prozanski. Bill passed. “‘Be It Enacted by the People of the State of Oregon.’ HB 3469 B-Eng -- Read third time. Carried by “That this action is by the people of this state, not the Brown. On passage of bill the vote was: Ayes, 30. Oregon Investment Council or an officer of an Bill passed. administrative department. Movement on apartheid and genocide did not arise from administrators or the Oregon Senate reverted to the order of Propositions and Investment Council. Motions by unanimous consent at the request of the Chair. “That the powers and duties of the treasurer of state shall be such as may be prescribed by law [Article IV SB 71, 1037, 1085, 1089, 1100 -- Rules Section 4 of the Oregon Constitution] -- arising from this suspended by unanimous consent in order that the Assembly. Senate may take final action on Supplemental Agenda No. 1 on motion of Brown. “Genocide is to have no bed in our house. No sanctuary in our treasury. SB 421 C-Eng. -- Schrader moved that the Senate concur in House amendments and repass bill. “In the work session in the House August 2, 2005, the On concurrence and repassage the vote was: Ayes, 30. Treasurer of State Randall Edwards, disclosed that, yes, he Bill repassed. and the Oregon Investment Council, have investments in PetroChina, the communist government-controlled firm SB 71 C-Eng. -- Under rules suspension, operating in the genocidal Sudan and the Dafur. Schrader moved that the Senate concur in House amendments and repass bill. Call of the Senate “This company, PetroChina, from communist China demanded by Brown joined by Ringo and Johnson. All has been assisting the regime in the Sudan with millions of present. On concurrence and repassage the vote was: dollars in oil revenues. Ayes, 30. Bill repassed.

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“Greed and oil are the underpinning motivations for Under rules suspension, Shields moved that the the displacement and the genocide taking place in the Senate confirm en bloc the Governor’s appointments Dafur. as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 29; absent, 1 – “In supporting SB 1089A, on the enactment and by Ringo. Confirmed en bloc. prescription of this law, I ask that the first actions of the State Treasurer and the Oregon Investment Council include Senate resumed under the order of Other withdrawal from PetroChina. Business of the Senate by unanimous consent at the request of the Chair. “That we join other great institutions that say “no more”. The following measures were referred to committee on August 3 and recorded on Committee “With this statement, I recommend and support Referral List No. 62 which was distributed to Senate concurrence. Thank you.” members. Referral list recorded in the Journal and SB 1100 B-Eng. -- Under rules suspension, Status Report by order of the President. Schrader moved that the Senate concur in House amendments and repass bill. On concurrence and SB 1101 Ways and Means repassage the vote was: Ayes, 30. Bill repassed. SB 1102 Ways and Means Senate reverted to the order of Third Reading of Senate adjourned until 9:00 a.m. Thursday by House Measures by unanimous consent at the request unanimous consent at the request of the Chair. of the Chair. Thursday, August 4, 2005 -- Morning Session SB 5164 -- Rules suspended by unanimous consent in order that the Senate may take final action Senate convened at 9:00 a.m. President Courtney immediately on motion of Brown. in Chair. The following members were present: Atkinson, Bates, Beyer, Brown, Burdick, Carter, HB 5164 B-Eng. -- Under rules suspension, Deckert, Devlin, Ferrioli, George, Gordly, Johnson, read third time. Carried by Johnson. On passage of Kruse, Metsger, Monnes Anderson, Morrisette, bill the vote was: Ayes, 27; nays, 3 – Beyer, Kruse, Morse, Nelson, Prozanski, Ringo, Schrader, Shields, Ringo. Bill passed. Starr, B., Starr, C., Verger, Walker, Westlund, Senate reverted to the order of Action on Whitsett, Winters. Colors were posted and the Senate Executive Appointments by unanimous consent at the pledged allegiance to the flag. Invocation was request of the Chair. observed with a moment of silence. Rules suspended by unanimous consent in order SB 5504; 640, 787, 850 -- Message from the that the Senate may take en bloc action on the House announcing passage. confirmation of the following appointments on motion HB 2070 3037 -- Message from the House of Shields. announcing House refusal to concur in Senate amendments. Conferees to be announced. Commission on Asian Affairs HB 2070 -- Message from the House announcing Massoud Saberian (r) Boone, Butler, Morgan appointed House conferees. Carol Suzuki (r) HB 3037 -- Message from the House announcing Ackerman, Krieger, Olson appointed House conferees. Environmental Quality Commission HB 5164; 3469 -- Message from the House Donalda Dodson announcing concurrence in Senate amendments and repassage. Long Term Care Advisory Committee SB 232, 818, 998, 1098 -- Message from the Jean Williams (r) House announcing passage as amended by the House. SB 5543, 5581, 5584, 5617; 1, 290, 359, 496, Board on Public Safety Standards and Training 1067; HB 5112, 5148, 5158; 3352 -- Message from the Mark Prince House announcing the Speaker signed on August 3. David Schutt Committee Report Summary No. 176 listing the following reports was distributed to members Workers’ Compensation Board August 3. Summary list recorded in Journal and Status Report by order of the President. Abigail Herman HB 3474 -- Report by Committee on Rules recommending passage with amendments to the A- State Workforce Investment Board Engrossed bill. Gilbert Hayes Committee Report Summary No. 177 listing Cynthia Risan the following reports was distributed to members August 3. Summary list recorded in Journal and Status Report by order of the President. SENATE JOURNAL SJ-245

HB 2450 -- Report by Committee on Rules SB 1065 -- Brown moved that the rules be recommending passage with amendments and suspended to allow reconsideration of the vote requesting subsequent referral to Committee on whereby the Senate refused to concur in the House Revenue be rescinded. Subsequent referral rescinded amendments on July 29. Motion carried by by order of the President. (Amendments distributed unanimous consent. August 3) SB 1076 -- Under rules suspension, Brown Committee Report Summary No. 178 listing moved that the vote whereby the Senate refused to the following reports was distributed to members concur in the House amendments be reconsidered by August 3. Summary list recorded in Journal and voice vote. Vote reconsidered. Status Report by order of the President. SB 1076 B-Eng. -- Under rules suspension, SB 5514 -- Report by Committee on Ways and Brown moved that the Senate concur in House Means recommending passage with amendments. amendments and repass bill. On concurrence and (Amendments distributed August 3) repassage the vote was: Ayes, 26; absent, 4 – Bates, Burdick, Carter, Deckert. Bill repassed. HB 2122 -- Report by Committee on Ways and Means recommending passage with amendments to SB 548 -- Starr, C. moved to concur in the House the B-Engrossed bill. (Amendments distributed amendments and repass the bill. August 3) SB 548 -- Brown moved to substitute the motion Committee Report Summary No. 179 listing to concur and repass for the motion to refuse to the following reports was distributed to members concur. Motion withdrawn by implied consent. August 3. Summary list recorded in Journal and Status Report by order of the President. Senate at ease. Senate reassembled. HB 2285 -- Report by Committee on Rules SB 548 -- Parliamentary inquiry by Ferrioli recommending passage with amendments to the A- ruling on the appropriateness of the procedure. Engrossed bill. (Amendments distributed August 3) President Courtney ruled it within the rules and procedures of the Senate. Committee Report Summary No. 180 listing the following reports was distributed to members SB 548 -- Ferrioli appealed the ruling of the August 3. Summary list recorded in Journal and chair. Brown demanded a Call of the Senate joined by Status Report by order of the President. Devlin and Ferrioli. All members subject to the Call present. The vote was: Ayes, 18; nays, 12– Atkinson, SB 1072 B-Eng -- Report by Conference Beyer, Ferrioli, George, Kruse, Morse, Nelson, Starr, Committee, signed by Senators Bates, Nelson, Shields B., Starr, C., Westlund, Whitsett, Winters. Ruling of and Representatives Boquist, Hanna, Schaufler, the Chair sustained. recommending that the Senate concur in House amendments dated July 29 and that the B-Engrossed Senate at ease. Senate reassembled. bill be further amended and repassed. SB 548 -- Parliamentary inquiry by Beyer Committee Report Summary No. 181 listing regarding the withdrawal of a motion. President the following reports was distributed to members Courtney responded that the procedure was proper today. Summary list recorded in Journal and Status and within the rules and procedures of the Senate. Report by order of the President. Beyer appealed the ruling of the chair. Brown demanded a Call of the Senate joined by Devlin and HB 5019 -- Report by Committee on Ways and Bates. All members subject to the Call present. The Means recommending passage of the A-Engrossed vote was: Ayes, 18; nays, 12– Atkinson, Beyer, bill. Ferrioli, George, Kruse, Morse, Nelson, Starr, B., Starr, C., Westlund, Whitsett, Winters. Ruling of the HB 5176 -- Report by Committee on Ways and Chair sustained. Means recommending passage of the A-Engrossed bill. SB 548 -- Brown moved to substitute the motion to refuse to concur for the motion to concur in Committee Report Summary No. 182 listing the House amendments and repass the bill. Call of the following reports was distributed to members the Senate demanded by Brown, joined by Gordly and today. Summary list recorded in Journal and Status Devlin. The vote was: Ayes, 17; nays, 13 – Atkinson, Report by order of the President. Beyer, Ferrioli, George, , Kruse, Morrisette, Morse, HB 2167 B-Eng. -- Report by Conference Nelson, Starr, B., Starr, C., Westlund, Whitsett, Committee, signed by Senators Atkinson, Brown, Winters. Motion carried. Ringo and Representatives Ackerman, Kitts, Smith SB 844 B-Eng. -- Burdick moved that the Senate G., recommending the House concur in Senate concur in House amendments and repass bill. On amendments dated June 22 and that the bill be concurrence and repassage the vote was: Ayes, 25; repassed. nays, 5 – Atkinson, Beyer, Ferrioli, Kruse, Whitsett. HB 3453 -- Report by Committee on Revenue Bill repassed. recommending passage with amendments to resolve SB 1072 -- Conference Committee report conflicts. (Amendments distributed August 4) adopted and bill repassed on motion of Nelson. The vote was: Ayes, 30. Bill repassed.

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Senate at ease. Senate reassembled. Senate, having recessed under the order of Third Reading of House Measures, reverted to the HB 3129 -- Conference Committee report order of Propositions and Motions by unanimous adopted and bill repassed on motion of Walker. The consent at the request of the Chair. vote was: Ayes, 25; nays, 2 – Beyer, Ferrioli; attending legislative business, 3 – Carter, Gordly, SB 232, 818, 998, 1098; HB 5019, 5176; 2101 Schrader. Bill repassed. 2792, 3108 -- Brown moved that the rules be suspended in order that the Senate may take final SB 1104 -- Introduced, read first time and action on Supplemental Agenda No. 1. referred to President’s desk. SB 232 B-Eng. -- Under rules suspension, SB 5514 -- Read second time and passed to third Brown moved that the Senate concur in House reading. amendments and repass bill. On concurrence and SCR 11 -- Moved to the foot of today's third repassage the vote was: Ayes, 22; nays, 1 – Westlund; reading calendar by unanimous consent at the attending legislative business, 7 – Deckert, George, request of the Chair. Gordly, Metsger, Monnes Anderson, Prozanski, Starr, C. Bill repassed. SB 5514 -- Brown moved that the rules be suspended in order to take final action immediately. SB 818 D-Eng. – Under rules suspension, Brown moved that the Senate refuse to concur in House SB 5514 A-Eng. -- Under rules suspension, read amendments. Call of the Senate demanded by Brown third time. Carried by Carter. On passage of bill the joined by Devlin and Schrader. All present. The vote vote was: Ayes, 29; attending legislative business, 1 – was: Ayes, 18; nays, 12 – Atkinson, Beyer, Ferrioli, Schrader. Bill passed. George, Kruse, Morse, Nelson, Starr, B., Starr, C., HB 5019, 5176; 2122, 2285, 2450, 3474 -- Read Westlund, Whitsett, Winters. Motion carried. second time and passed to third reading. SB 998 C-Eng. -- Under rules suspension, HB 2122, 2285, 2450, 3474 -- Brown moved that Schrader moved that the Senate concur in House the rules be suspended in order that the Senate may amendments and repass bill. On concurrence and take final action immediately. repassage the vote was: Ayes, 29; attending legislative business, 1 – Devlin. Bill repassed. HB 2122 C-Eng. -- Under rules suspension, read third time. Carried by Carter. On passage of SB 1098 A-Eng. -- Under rules suspension, bill the vote was: Ayes, 29; attending legislative Brown moved that the Senate concur in House business, 1 – Schrader. Bill passed. Atkinson, amendments and repass bill. On concurrence and granted unanimous consent to change vote to aye. repassage the vote was: Ayes, 29; attending legislative business, 1 – Devlin. Bill repassed. HB 2285 B-Eng. -- Under rules suspension, read third time. Carried by Brown. On passage of Senate reverted to the order of Second Reading bill the vote was: Ayes, 27; nays, 2 – Beyer, -- of House Measures by unanimous consent at the Whitsett. absent, 1 – Carter. Bill passed. request of the Chair. HB 2450 C-Eng. -- Under rules suspension, HB 2101, 2792, 3108 -- Read second time and read third time. Carried by Deckert. On passage of passed to third reading. bill the vote was: Ayes, 30. Bill passed. Senate reverted to the order of Third Reading of HB 3474 B-Eng. -- Under rules suspension, House Measures by unanimous consent at the request read third time. Carried by Ferrioli. On passage of of the Chair. bill the vote was: Ayes, 29; attending legislative HB 5019 A-Eng. -- Under rules suspension, read business, 1 – Schrader. Bill passed. third time. Carried by Carter. On passage of bill the Senate recessed until 1:00 p.m. by unanimous vote was: Ayes, 29; attending legislative business, 1 – consent at the request of the Chair. Devlin. Bill passed. HB 5176 A-Eng. -- Under rules suspension, Thursday, August 4, 2005 -- Afternoon Session read third time. Carried by Carter. On passage of bill the vote was: Ayes, 28; nays, 1 – Atkinson; Senate reconvened at 1:00 p.m. President attending legislative business, 1 – Devlin. Bill Courtney in Chair. All present except Beyer, Deckert, passed. George, Gordly, Nelson, Prozanski, Starr, B., Starr, C., absent. HB 2101 B-Eng. -- Under rules suspension, read third time. Carried by Metsger. On passage of HB 2070 -- Brown, Carter, Nelson appointed bill the vote was: Ayes, 29; attending legislative Senate conferees. business, 1 – Devlin. Bill passed. HB 2316 -- Message from the House announcing HB 2792 B-Eng. -- Under rules suspension, concurrence in Senate amendments and repassage. read third time. Carried by Ringo. On passage of bill HB 2167 -- Message from the House announcing the vote was: Ayes, 28; nays, 1 – Schrader; attending adoption of conference committee report and legislative business, 1 – Devlin. Bill passed. repassage. HB 3108 -- Moved to the foot of today's third reading calendar by unanimous consent at the request of the Chair. SENATE JOURNAL SJ-247

Senate reverted to the order of Propositions and HB 2389 C-Eng. -- Under rules suspension, Motions by unanimous consent at the request of the read third time. Carried by Starr, C. On passage of Chair. bill the vote was: Ayes, 29; absent, 1 – Deckert. Bill passed. SB 749; HB 2046, 2056, 2389, 2797, 3453, 3466, 3486 -- Brown moved that the rules be suspended in HB 2797 A-Eng. -- Under rules suspension, order that the Senate may take final action on read third time. Carried by Schrader. On passage of Supplemental Agenda No. 2. bill the vote was: Ayes, 29; absent, 1 – Deckert. Bill passed. Senate reverted to the order of Second Reading of Senate Measures by unanimous consent at the HB 3453 -- Moved to the foot of today's third request of the Chair. reading calendar by unanimous consent at the request of the Chair. SB 749 -- Read second time and passed to third reading. HB 3466 B-Eng. -- Under rules suspension, read third time. Carried by Devlin. On passage of Senate reverted to the order of Third Reading of bill the vote was: Ayes, 27; nays, 3 – Carter, Senate Measures by unanimous consent at the Morrisette, Ringo. Bill passed. Atkinson, granted request of the Chair. unanimous consent to change his vote to aye. SB 749 B-Eng. -- Under rules suspension, read HB 3486 A-Eng. -- Under rules suspension, third time. Carried by Walker. On passage of bill the read third time. Carried by Devlin. On passage of vote was: Ayes, 24; nays, 2 – Beyer, Kruse; attending bill the vote was: Ayes, 30. Bill passed. legislative business, 4 – Devlin, George, Starr, C., Winters. Bill passed. HB 3453 A-Eng. -- Under rules suspension, read third time. Carried by Deckert. On passage of Senate reverted to the order of Second Reading bill the vote was: Ayes, 19; nays, 11 – Burdick, of House Measures by unanimous consent at the Ferrioli, Gordly, Johnson, Kruse, Morrisette, Morse, request of the Chair. Nelson, Schrader, Verger, Whitsett. Bill passed. HB 2046, 2056, 2389, 2797, 3453, 3466, 3486 – Senate reverted to the order of Reports from Read second time and passed to third reading. Standing Committees by unanimous consent at the Senate reverted to the order of Third Reading of request of the Chair. House Measures by unanimous consent at the Committee Report Summary No. 183 listing request of the Chair. the following reports was distributed to members HB 2046 -- Read third time. Carried by George. August 4. Summary list recorded in Journal and Status Report by order of the President. Senate recessed until 3:30 p.m. by unanimous consent at the request of the Chair. HB 2101 -- Report by Committee on Rules recommending passage of the B-Engrossed bill. Senate reconvened at 3:30 p.m. President Courtney in Chair. All present. HB 2792 -- Report by Committee on Rules recommending passage of the B-Engrossed bill. HB 2122, 2285, 2450 -- Message from the House announcing concurrence in Senate amendments and HB 3108 -- Report by Committee on Rules repassage. recommending passage of the B-Engrossed bill. SB 1072; HB 3458 -- Message from the House Committee Report Summary No. 184 listing announcing adoption of conference committee report the following reports was distributed to members and repassage. August 4. Summary list recorded in Journal and Status Report by order of the President. HB 3474 -- Message from the House announcing refusal to concur in Senate amendments. House HB 3458 B-Eng -- Report by Conference conferees to be appointed. Committee, signed by Senators Brown, Burdick, Kruse and Representatives Kitts, Smith G., Wirth, Senate, having recessed under the order of recommending the House concur in Senate Third Reading of House Measures, resumed under amendments dated June 22 and that the bill be that order by unanimous consent at the request of the further amended and repassed. (Amendments Chair. distributed August 4) HB 2046 -- Moved to the foot of today's third SB 749 -- Report by Special Committee on reading calendar by unanimous consent at the Budget recommending passage with amendments to request of the Chair. the A-Engrossed bill. (Amendments distributed HB 2056 A-Eng. -- Under rules suspension, August 4) read third time. Carried by Schrader. Call of the HB 2046 -- Report by Committee on Revenue Senate demanded by Ferrioli joined by Kruse and recommending passage of the A-Engrossed bill. Beyer. All present. On passage of bill the vote was: (Amendments distributed August 4) Ayes, 18; nays, 12 – Bates, Brown, Burdick, Carter, Gordly, Monnes Anderson, Morrisette, Nelson, Ringo, HB 2056 -- Report by Special Committee on Shields, Verger, Walker. Bill passed. Budget recommending passage of the A-Engrossed bill.

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HB 2389 -- Report by Committee on Revenue the vote was: Ayes, 27; nays, – 3 Beyer, George, recommending passage with amendments to the B- Kruse. Bill passed. Beyer, Kruse, granted unanimous Engrossed bill. (Amendments distributed August 4) consent to change their votes to nay. HB 2797 -- Report by Special Committee on Senate reverted to the order of Second Reading Budget recommending passage of the A-Engrossed of House Measures by unanimous consent at the bill. request of the Chair. HB 3466 -- Report by Special Committee on HB 2828, 3184 -- Read second time and passed Budget recommending passage with amendments to to third reading. the A-Engrossed bill. (Amendments distributed August 4) HB 2828 B-Eng. -- Under rules suspension, read third time. Carried by Atkinson. On passage of HB 3486 -- Report by Special Committee on bill the vote was: Ayes, 29; nays, 1 – Carter. Bill Budget recommending passage of the A-Engrossed passed. bill. HB 3184 C-Eng. -- Under rules suspension, Committee Report Summary No. 185 listing read third time. Carried by Kruse, Walker. On the following reports was distributed to members passage of bill the vote was: Ayes, 26; nays, 4 – August 4. Summary list recorded in Journal and Nelson, Prozanski, Verger, Whitsett. Bill passed. Status Report by order of the President. SB 5514; 1094; HB 2097 -- Message from the HB 2828 -- Report by Committee on Rules House announcing passage. recommending passage with amendments to the A- Engrossed bill. (Amendments distributed August 4) SB 548 -- Message from the House announcing Ackerman, Flores, Kreieger House Committee Report Summary No. 186 listing conferees. the following reports was distributed to members August 4. Summary list recorded in Journal and SB 1037 -- Message from the House announcing Status Report by order of the President. Ackerman, Garrard, Smith, P. House conferees. SB 5503 -- Report by Committee on Ways and SB 1085 -- Message from the House announcing Means recommending passage with amendments. Flores, Macpherson, Olson House conferees. (Amendments distributed August 4) HB 3474 -- Message from the House SB 5532 -- Report by Committee on Ways and announcing Ackerman, Garrard, Smith, P. House Means recommending passage with amendments. conferees. (Amendments distributed August 4) SB 1085 -- Prozanski, Morrisette, Atkinson HB 3184 -- Report by Committee on Rules appointed Senate conferees. recommending passage with amendments to the B- Senate reverted to the order of First Reading of Engrossed bill. (Amendments distributed August 4) House Measures by unanimous consent at the request Senate reverted to the order of Propositions and of the Chair. Motions by unanimous consent at the request of the HB 2097 -- Read first time and referred to Chair. President’s desk. SB 5503, 5532; HB 3458, 2828, 3184 -- Rules The following measures were referred to suspended by unanimous consent in order that the committee on August 3 and recorded on Committee Senate may take final action on Supplemental Referral List No. 63 which was distributed to Agenda No. 3 on motion of Brown. members. Referral list recorded in the Journal and HB 3458 B-Eng.* -- Under rules suspension, Status Report by order of the President. Conference Committee report adopted and bill HB 5019 Ways and Means repassed on motion of Brown, Kruse. The vote was: Ayes, 28; nays, 2 – Atkinson, Beyer. Bill repassed. HB 5176 Ways and Means HB 2101 Rules Senate reverted to the order of Second Reading HB 2792 Rules of Senate Measures by unanimous consent at the request of the Chair. Senate recessed until 5:00 p.m. by unanimous consent at the request of the Chair. SB 5503, 5532 -- Read second time and passed to third reading. Senate reconvened at 5:00 p.m. President Courtney in Chair. All present. Senate reverted to the order of Third Reading of Senate Measures by unanimous consent at the SB 5612; 17, 247, 303, 638, 838, 899, 995, 1097 -- request of the Chair. Message from the House announcing the Speaker signed on August 4. SB 5503 A-Eng. -- Under rules suspension, read third time. Carried by Carter. On passage of bill the Senate, having recessed following the order of vote was: Ayes, 30. Bill passed. Third Reading of House Measures, resumed under that order by unanimous consent at the request of the SB 5532 A-Eng. -- Under rules suspension, read Chair. third time. Carried by Winters. On passage of bill SENATE JOURNAL SJ-249

HB 3108 B-Eng. -- Under rules suspension, Prozanski. All present, except Walker attending read third time. Carried by Bates, Westlund. Call of legislative business. Pending arrival of members the Senate demanded by Bates joined by Brown subject to the Call, Senate at ease. All present except and Devlin. All present. On passage of bill the vote Walker, attending legislative business. Senate was: Ayes, 16; nays, 14 – Atkinson, Beyer, Ferrioli, reassembled. On passage of bill the vote was: Ayes, George, Gordly, Kruse, Morrisette, Morse, Nelson, 29; attending legislative business, 1 – Walker. Bill Starr, B., Starr, C., Verger, Whitsett, Winters. Bill passed. passed. Senate recessed until 8:50 p.m. by unanimous Senate recessed until 7:30 p.m. by unanimous consent at the request of Brown. consent at the request of the Chair. Recess extended to 9:15 p.m. by implied consent Recess extended until 8:00 p.m. by unanimous at the request of the Chair. consent at the request of the Chair. Senate reconvened at 9:15 p.m. President Senate reconvened at 8:00 p.m. President Courtney in Chair. All present except Atkinson, Beyer Courtney in Chair. All present except Atkinson, Deckert, Devlin, Monnes Anderson, Prozanski, Burdick, Morrisette, Prozanski, Schrader, Winters Shields, Starr, B., Walker, absent. absent. Senate, having recessed following the order of HB 2389, 3466 -- Message from the House Third Reading of House Measures reverted to the announcing concurrence in Senate amendments and order of Propositions and Motions by unanimous repassage. consent at the request of the Chair. HB 3184 -- Message from the House announcing SB 1085 -- Rules suspended by unanimous refusal to concur in Senate amendments. House consent in order that the Senate may take final action conferees to be appointed. on Supplemental Agenda No. 5 immediately on motion of Brown. Senate, having recessed following the order of Third Reading of House Measures, reverted to the SB 1085 B-Eng.* -- Under rules suspension, order of Reports from Standing Committees by Conference Committee report adopted and bill unanimous consent at the request of the Chair. repassed on motion of Prozanski. The vote was: Ayes, 26; absent, 1 – Whitsett; attending legislative Committee Report Summary No. 187 listing the business, 3 – Deckert, Devlin, Westlund. Bill following reports was distributed to members today. repassed. Summary list recorded in Journal and Status Report by order of the President. Senate recessed until 10:15 p.m. by unanimous consent at the request of the Chair. HB 3457 -- Report by Committee on Rules recommending passage with amendments to the A- Recess extended to 10:45 p.m. by unanimous Engrossed bill. (Amendments distributed August 4) consent at the request of the Chair. Committee Report Summary No. 188 listing the Recess extended to 11:30 p.m. by unanimous following reports was distributed to members today. consent at the request of the President Pro Tempore Summary list recorded in Journal and Status Report Carter. by order of the President. Senate reconvened at 11:30 p.m. President SB 449 -- Report by Committee on Revenue Courtney in Chair. All present except Atkinson, recommending passage with amendments. Bates, Brown, Burdick, Carter, Deckert, Ferrioli, George, Johnson, Kruse, absent. Senate reverted to the order of Propositions and Motions by unanimous consent at the request of the HB 3184, 3457 -- Message from the House Chair. announcing concurrence in Senate amendments and repassage. HB 3457 -- Rules suspended by unanimous consent in order that the Senate may take final action Senate recessed until 12:00 a.m. by unanimous on Supplemental Agenda No. 4 immediately on consent at the request of Ferrioli. motion of Brown. Recess extended until 12:15 a.m. by unanimous Senate reverted to the order of Second Reading consent at the request of the Chair. of House Measures by unanimous consent at the Recess extended until 1:30 a.m. by unanimous request of the Chair. consent at the request of the Chair. HB 3457 -- Read second time and passed to Recess extended until 2:00 a.m. by unanimous third reading. consent at the request of the Chair. Senate reverted to the order of Third Reading of Recess extended until 2:45 a.m. by unanimous House Measures by unanimous consent at the request consent at the request of the Chair. of the Chair. Senate reconvened at 2:45 a.m. President HB 3457 B-Eng. -- Under rules suspension, Courtney in Chair. All present except Brown, read third time. Carried by Prozanski. Call of the Burdick, Ferrioli, George, Kruse, Monnes Anderson, Senate demanded by Brown joined by Ringo and Morrisette, Nelson, Ringo, absent.

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Senate, reverted to the order of Reports From repassed on motion of Deckert. The vote was: Ayes, Standing Committees by unanimous consent at the 29; nays, 1 – Ferrioli. Bill repassed. request of the Chair. SB 1071 -- Rules suspended by unanimous Committee Report Summary No. 189 listing the consent in order that the Senate may take final action following reports was distributed to members today. on Supplemental Agenda No. 6 on motion of Brown. Summary list recorded in Journal and Status Report by order of the President. SB 1071 C-Eng. -- Under rules suspension, Schrader moved that the Senate concur in House SB 1085 B-Eng.* -- Report by Conference amendments and repass bill. On concurrence and Committee signed by Senators Atkinson, Morrisette, repassage the vote was: Ayes, 20; nays, 10 – Prozanski and Representatives Flores, Macpherson, Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Olson recommending that the Senate concur in House Starr, B., Starr, C., Westlund, Whitsett. Bill repassed. amendments dated July 30 and that the B-Engrossed Burdick, attending legislative business when roll bill be further amended and repassed. (Amendments called, granted unanimous consent to vote aye. distributed August 4) SB 5510, 5520; 1101, 1102 -- Rules suspended by Committee Report Summary No. 190 listing the unanimous consent in order that the Senate may take following reports was distributed to members today. final action on Supplemental Agenda No. 8 on motion Summary list recorded in Journal and Status Report of Brown. by order of the President. Senate, reverted to the order of Third Reading of SB 31 A-Eng* -- Report by Conference Senate Measures by unanimous consent at the Committee, signed by Senators Deckert, Devlin, request of the Chair. Westlund and Representatives Boquist, Butler, Hass, recommending that the Senate concur in House SB 5510 A-Eng. -- Under rules suspension, read amendments dated July 7 and that the A-Engrossed third time. Carried by Schrader. On passage of bill bill be further amended and repassed. (Amendments the vote was: Ayes, 19; nays, 11 – Atkinson, Beyer, distributed August 4) Burdick, Ferrioli, George, Kruse, Prozanski, Starr, B., Starr, C., Walker, Whitsett. Bill passed. Burdick, Committee Report Summary No. 191 listing the attending legislative business when roll called, following reports was distributed to members today. granted unanimous consent to vote nay. Summary list recorded in Journal and Status Report by order of the President. SB 5510 -- Prozanski requested the following explanation of vote be entered into the journal: SB 5510 -- Report by Committee on Ways and Means recommending passage with amendments. “I voted against SB 5510 for the same reasons that I (Amendments distributed August 4) voted against SB 5549. It is time to invest more state funding in our K-12 schools. Since the late 1990's, severe SB 5520 -- Report by Committee on Ways and budget cuts to K-12 have forced a reduction in the number Means recommending passage with amendments. of school days, increased classroom sizes, the loss of (Amendments distributed August 4) valuable educational programs such as art, music, and sports, and even the dismissal of teachers and other staff. SB 1101 -- Report by Committee on Ways and Oregon's class sizes are now the second highest in the Means recommending passage with amendments. nation. Given the two most recent revenue forecasts, I (Amendments distributed August 4) believe we have the resources to invest $5.4 Billion in K-12 SB 1102 -- Report by Committee on Ways and education without cutting other vital programs and Means recommending passage. services. This is an investment which our kids deserve and one that would pay dividends to all Oregonians. Senate, reverted to the order of Second Reading of Senate Measures by unanimous consent at the “The last two revenue forecasts provided an extra request of the Chair. $400 million in revenue and it is expected that the September revenue forecast will also be up. I believe that SB 5510, 5520, 1101, 1102 -- Read second time our state would be best served by investing this revenue in and passed to third reading. our children, providing a reserve fund to provide stability, Senate, reverted to the order of Third Reading of and ensuring that we protect vital services to protect the Senate Measures by unanimous consent at the public and our most vulnerable citizens. All of these request of the Chair. priorities are possible with a K-12 expenditure of $5.4 Billion. Senate at ease. Senate reassembled. “Studies continue to show that investing in education Senate, reverted to the order of Propositions and is good for the entire state. For every dollar spent on Motions by unanimous consent at the request of the education, the state saves between $7-14 dollars on future Chair. public safety costs, and health and human services costs. Investing more in schools today will save us millions of SB 31 -- Rules suspended by unanimous consent dollars in the future. in order that the Senate may take final action on Supplemental Agenda No. 7 on motion of Brown. “A $5.4 Billion K-12 school budget does not require the state to cut other vital programs and services. We have SB 31 A-Eng.* -- Under rules suspension, sufficient revenue to fully fund Oregon Project Conference Committee report adopted and bill Independence, in-home foster care and long term care for SENATE JOURNAL SJ-251

seniors and the disabled. We also have sufficient revenue Senate, reverted to the order of First Reading of toincrease investments in four-year colleges and community House Measures by unanimous consent at the request colleges. Finally, our tumultuous budget history should of the Chair. teach us the importance ofdedicating funds to a reserve fund. HB 5023, 5177 -- Read first time and referred to Joint Committee on Ways and Means. “For these reasons, I drew a line on the chalkboard and voted against SB 5510 and SB 5549. Education should SB 5532 -- Brown moved that the rules be be our top priority.” suspended in order to take final action immediately. SB 5520 -- Moved to the foot of today's third SB 5532 B-Eng. -- Schrader moved that the reading calendar by unanimous consent at the Senate concur in House amendments and repass bill. request of the Chair. On concurrence and repassage the vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, George, Kruse, SB 1101 A-Eng. -- Under rules suspension, read Starr, B., Starr, C., Whitsett; excused, 1 – Winters. third time. Carried by Schrader. On passage of bill Bill repassed. the vote was: Ayes, 21; nays, 9 – Atkinson, Beyer, Ferrioli, George, Kruse, Morse, Starr, B., Starr, C., Senate reverted to the order of Standing Whitsett. Bill passed. Committees by unanimous consent at the request of the Chair. SB 1102 -- Under rules suspension, read third time. Carried by Schrader. On passage of bill the The following reports were read: vote was: Ayes, 16; nays, 14 – Atkinson, Beyer, HB 5023 -- Report by Committee on Ways and Ferrioli, George, Kruse, Metsger, Morse, Prozanski, Means recommending passage of the A-Engrossed Starr, B., Starr, C., Verger, Walker, Whitsett, bill. Winters. Bill passed. HB 5177 -- Report by Committee on Ways and SB 1102 -- Prozanski requested the following Means recommending passage of the A-Engrossed explanation of vote be entered into the journal: bill. “I voted against SB 1102 because I do not believe that Senate reverted to the order of Propositions and we need to create a legislative task force to develop Motions by unanimous consent at the request of the recommendations regarding establishing, funding, and Chair. operating a reserve fund. We just need to do it, not study it!” SB 5021, 5177 -- Brown moved that the rules be suspended in order to take final action immediately. SB 5520 A-Eng. -- Under rules suspension, read third time. Carried by Schrader. On passage of bill Senate reverted to the order of Second Reading the vote was: Ayes, 21; nays, 9 – Atkinson, Beyer, of House Measures by unanimous consent at the Ferrioli, George, Kruse, Starr, B., Starr, C., Whitsett, request of the Chair. Winters. Bill passed. HB 5023, 5177 -- Under rules suspension, read SB 5532; 1096 -- Message from the House second time and passed to third reading. announcing passage as amended by the House. Senate reverted to the order of Third Reading of SB 31 -- Message from the House announcing House Measures by unanimous consent at the request adoption of conference committee report and of the Chair. repassage. HB 5023 A-Eng. -- Under rules suspension, SB 5510, 5520; 1101, 1102 -- Message from the read third time. Carried by Schrader. On passage of House announcing passage. bill the vote was: Ayes, 25; nays, 3 – Beyer, George, Kruse; absent, 1 – Atkinson; excused, 1 – Winters. SB 1096 -- Rules suspended by unanimous Bill passed. consent in order that the Senate may take final action on Supplemental Agenda No. 9 on motion of Brown. HB 5177 A-Eng. -- Under rules suspension, read third time. Carried by Schrader. On passage of SB 1096 B-Eng. – Under Rules Suspension, bill the vote was: Ayes, 20; nays, 9 – Atkinson, Bates, Monnes Anderson moved that the Senate concur in Beyer, Burdick, Deckert, George, Kruse, Metsger, House amendments and repass bill. Prozanski; excused, 1 – Winters. Bill passed. Senate at ease. Senate reassembled. Senate at ease. Senate reassembled. SB 1096 -- Debate resumed. Call of the Senate Senate reverted to the order of Other Business demanded by Brown joined by Devlin and Carter. All of the Senate by unanimous consent at the request of present. On concurrence and repassage the vote was: the Chair. Ayes, 16; nays, 14 – Atkinson, Beyer, Burdick, Ferrioli, George, Kruse, Morse, Nelson, Prozanski, In accordance with the provisions of ORS Starr, B., Starr, C., Walker, Whitsett, Winters. Bill 291.330, President Courtney announced the following repassed. appointments to the Emergency Board: SB 2,3,4,5; HB 5023, 5177 -- Message from the House announcing passage.

SJ-252 SENATE JOURNAL

EMERGENCY BOARD 1088, 1092 -- Message from the Governor announcing he signed on August 17. Senator Peter Courtney, Co-Chair SB 5503, 5504, 5546; 2, 501, 638, 640, 736, 787, Senator Kurt Schrader 998, 1072, 1076, 1089, 1096 – Message from the Senator Margaret Carter Governor announcing he signed on August 23. Senator Richard Devlin HCR 18 –President Courtney signed on August Senator Avel Gordly 22. Senator Frank Morse Senator Ben Westlund HB 5019, 5023, 5164, 5176, 5177; 2056, 2101, 2122, 2167, 2254, 2258, 2285, 2316, 2389, 2450, 2588, Senator Jackie Winters 2792, 2797, 3108, 3129, 3184, 3310, 3453, 3457, 3458, Senate reverted to the order of Propositions and 3463, 3466, 3469, 3486 –President Courtney signed Motions by unanimous consent at the request of the on August 23. Chair. SCR 3 -- President Courtney signed August 23. Brown moved that the Senate confirm en bloc SB 5510, 5514, 5520, 5532, 5543, 5584, 5612, the President’s appointments to the Emergency 5617, 5629; 3, 4, 5, 71, 247, 359, 557, 680, 850, 1085, Board. Motion carried; the vote was: Ayes, 29; 1097 – Message from the Governor announcing he excused, 1 – Winters. Appointments confirmed. signed on August 29. SB 1083 -- Message from the HCR 18 -- Message from the House announcing Governor announcing he vetoed on September 2. adoption. September 2, 2005 Senate reverted to the order of First Reading of House Measures by unanimous consent at the request The Honorable Bill Bradbury Secretary of the Chair. State 900 Court Street NE Room 136 Salem, OR 97301 HCR 18 -- Read first time. Dear Secretary Bradbury: Senate reverted to the order of Third Reading of House Measures by unanimous consent at the request I am returning Enrolled Senate Bill 1083 unsigned and of the Chair. disapproved. HCR 18 -- Rules suspended by unanimous The purpose behind SB 1083 when it was originally consent on motion of Brown in order that the Senate introduced was to provide a new targeted tax credit to may take final action. economically help a limited number of Oregon farmers. The new tax credit was intended to equal fifty percent of the HCR 18 -- Under rules suspension, read in its annual, incremental increase in the minimum wage paid entirety and placed on final adoption. Carried by during each tax year to workers earning the minimum Brown. On adoption of resolution, the vote was: Ayes, wage. I supported this concept. 28; absent, 1 – George; excused, 1 – Winters. Resolution adopted. However after SB 1083 passed the Senate and was sent to the House, the Legislative Revenue Office and Legislative Senate adjourned sine die at 6:21 a.m., August 5, Counsel reexamined the language of the bill and 2005. determined that the legislation as passed, was considerably SB 5612, 5629; 17, 152, 247, 303, 408, 557, 638, broader than originally intended. It was now interpreted to 680, 838, 870, 899, 995, 1097; HB 5083, 5112, 5134, include the cumulative effects of wage increases for all 5136, 5148, 5156, 5158, 5165, 5167, 5168, 5174; 2147, workers-not just workers earning the minimum wage. 2181, 2278, 2306, 2461, 2510, 2539, 2668, 3143, 3352 - Furthermore, the language could be interpreted to include - President Courtney signed on August 4. the cumulative effects of wage increases over time rather than just the increase made in each individual tax year. HB 5135 -- President Courtney signed on With this broader interpretation of the bill, the estimated August 5. revenue impact of SB 1083 to the state amounted to $244.2 SB 82 -- Message from the Governor announcing million-a twenty fold increase over the original estimate he signed on August 9. that was considered by the Senate. SB 5504, 5514; 71, 232, 421, 640, 787, 844, 850, I recognize the burden that annual minimum wage 887, 998, 1041, 1072, 1076, 1085, 1089, 1094, 1098, increases place on some Oregon farmers, which is why I 1100; HB 5153, 5155, 5163; 2157, 2169, 2312, 2327, would have signed SB 1083 if the House of Representatives 2485, 2490, 2795, 3093, 3121, 3159, 3238, 3262, 3504 - had amended the bill to reflect the original intent of the - President Courtney signed on August 9. sponsor. On July 29, 2005, I sent a letter to all members of the House requesting that SB 1083 be returned to the SB 1 -- Message from the Governor announcing House committee so that it could be amended to reflect the he signed on August 15. original intent of the bill when it was introduced. A majority of the House of Representatives ignored my SB 5630; 907 -- Message from the Governor request and chose to approve a bill that they knew I would announcing he signed on August 16. veto. SB 5544, 5547 5581, 5587, 5602, 5610, 17, 290, As Governor, I am committed to upholding my pledge to 303, 496, 591, 660, 838, 870, 899, 995, 1067, 1068, restore fiscal responsibility and accountability in state SENATE JOURNAL SJ-253 government and allowing SB 1083 to go into law would not the courts have raised concerns or because the results do only be inconsistent with that commitment, but it would not not materialize. be in the best interest of all Oregonians. While I am unable to sign SB 1083 as sent to me, I recognize the key role the Sincerely, agricultural industry plays in Oregon’s economy and I will Theodore R. Kulongoski work with the Department of Agriculture and the legislature to develop a targeted safety net for the current Governor biennium, as well as fair, responsible, and sustainable plan for 2007-09 and beyond. SB 31, 232, 408, 421, 844, 887, 1041, 1071, 1094, 1098, 1100, 1101, 1102 -- Message from the Governor Sincerely, announcing he signed on September 2. Theodore R. Kulongoski Governor

SB 408 -- Message from the Governor announcing he signed with the following explanation on September 2.

September 2, 2005

The Honorable Bill Bradbury Secretary of State 900 Court Street NE Room 136 Salem, OR 97301

Dear Secretary Bradbury: I have signed Senate bill 408. I understand the frustration voiced by Oregonians when they learned that investor owned utilities were collecting monies for payment of taxes, but not paying those monies to government. SB 408 aligns the amount of income taxes collected from Oregon ratepayers with those actually received by government from investor owned utilities and their affiliated companies. I signed the bill because, as to that issue, it is the right public policy.

At the same time, I am disappointed that the parties were unable to achieve a reasonable compromise of all issues involved in SB 408. Notwithstanding the considerable work that was done on this issue, much of it capably coordinated by Representative Tom Butler with assistance from Representatives and Greg Macpherson, the legislation does not address man of the concerns raised by various stakeholders during numerous public hearings, work sessions and other meetings on this subject. In fact, much of that hard work was ignored and the final version of the bill defers many of the difficult questions about the impact and implementation of SB 408 for the Oregon Public Utility Commission (OPUC). Further, the assembly rejected changes that would have preserved the consumer and taxpayer protection elements of the bill, while at the same time ensuring that it could be successfully defended against a legal challenge on constitutional grounds. While I have great faith in the OPUC’s ability to manage and interpret SB 408, I believe the public would have been better served had the legislature taken it upon itself to develop a clearer and perhaps more balanced approach to resolving problems associated with taxes collected in utility rates. In the end, we nee to do all e can to ensure the lowest possible rates for consumers in Oregon, while also creating a stable and investment worthy environment for utilities, preferably an environment that encourages Oregon as the headquarters for businesses, including utilities. I am not sure that this legislation moves us with certainty in that direction, and any unintended consequences could actually undercut that goal. A more direct prediction is that the legislature will end up addressing these issues in a future session, either because