SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 5

OFFICERS OF THE SENATE

PETER COURTNEY, President LENN HANNON, President Pro Tempore

JUDY HALL, Secretary of the Senate

SENATE CAUCUS LEADERS

BEV CLARNO, Republican Leader* , Democratic Leader ROGER BEYER, Republican Leader** , Deputy Democratic Leader ROGER BEYER, Assistant Republican Leader RICHARD DEVLIN, Assistant Democratic Leader KEN MESSERLE, Assistant Republican Leader TONY CORCORAN, Democratic Whip JASON ATKINSON, Republican Whip * Resigned as Republican Leader 07/28/03 ** Succeeded to Republican Leader 07/28/03

SENATE DESK PERSONNEL

ROBIN WILTON, Publications Coordinator JAMES GOULDING, 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-second Legislative Assembly, hereby certify that such Journal and Status Report are correct to the best of our information and belief.

Dated at Salem the 12th day of January 2004.

PETER COURTNEY President of the Senate

JUDY HALL Secretary of the Senate

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 7

SENATORS' ADDRESSES – REGULAR SESSION – 2003

Atkinson, Jason...... P.O. Box 1704, Grants Pass, OR 97528 ...... Rep ...... 2 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 97201 ...... Dem...... 18 Carter, Margaret ...... 3939 NE MLK Blvd., Portland, OR 97212...... Dem...... 22 (1) Clarno, Beverly ...... P.O. Box 7970, Bend, OR 97708 ...... Rep ...... 27 Corcoran, Tony...... 34475 Kizer Creek Rd., Cottage Grove, OR 97424...... Dem...... 4 Courtney, Peter...... 2925 Island View Drive N., Salem, OR 97303...... Dem...... 11 Deckert, Ryan ...... P.O. Box 2247, Beaverton, OR 97075...... Dem...... 14 Devlin, Richard...... 10290 SW Anderson Ct., Tualatin, OR 97062 ...... Dem...... 19 Dukes, Joan...... 900 Court St. NE, Room S-318, Salem, OR 97301 ...... Dem...... 16 Ferrioli, Ted ...... 750 West Main, John Day, OR 97845 ...... Rep ...... 30 Fisher, Bill ...... 268 Akin Lane, Roseburg, OR 97470 ...... Rep ...... 1 George, Gary ...... 15195 NE Ribbon Ridge Rd., Newberg, OR 97132...... Rep ...... 12 Gordly, Avel...... 10809 NE Fremont, Portland, OR 97220...... Dem...... 23 Hannon, Lenn ...... 240 Scenic Drive, Ashland, OR 97520...... Rep...... 3 Harper, Steve...... 7121 Sierra Place, Klamath Falls, OR 97603...... Rep ...... 28 Messerle, Ken...... 94271 Coos Sumner Lane, Coos Bay, OR 97420 ...... Rep ...... 5 Metsger, Rick ...... P.O. Box 287, Welches, OR 97067 ...... Dem...... 26 Minnis, John...... P.O. Box 790, Fairview, OR 97024 ...... Rep ...... 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 Ringo, Charlie ...... 4085 SW 109th Avenue, Beaverton, OR 97005 ...... Dem...... 17 Schrader, Kurt...... 2525 N. Baker Drive, Canby, OR 97013 ...... Dem...... 20 Shields, Frank...... P.O. Box 20356, Portland, OR 97294 ...... 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 Walker, Vicki ...... P.O. Box 10314, Eugene, OR 97440 ...... Dem...... 7 (2) Westlund, Ben...... 20590 Arrowhead Drive, Bend, OR 97701...... Rep ...... 27 Winters, Jackie ...... P.O. Box 126, Salem, OR 97308 ...... Rep ...... 10

Democrats – 15 Republicans – 15

(1) Resigned 8/1/03 (2) Sworn-in 8/11/03 8 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

SENATE SEATING CHART

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

** Reassigned 8/1/03 * Reassigned 8/11/03 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 9

SENATE STANDING COMMITTEE MEMBERSHIP

AGRICULTURE AND NATURAL JUDICIARY— RESOURCES— John Minnis, Chair Frank Shields, Chair Ginny Burdick, Vice-Chair Roger Beyer, Vice-Chair Ted Ferrioli Tony Corcoran Charlie Ringo Bill Fisher Charles Starr Vicki Walker

BUSINESS AND LABOR— David Nelson, Chair REVENUE— Vicki Walker, Vice-Chair Ryan Deckert, Chair Roger Beyer Ted Ferrioli, Vice-Chair Rick Metsger Tony Corcoran Lenn Hannon Rick Metsger (appointed 7/7/03 for HB 2041; discharged following consideration; reappointed EDUCATION— 7/29/03) Charles Starr, Chair David Nelson (appointed 7/7/03 for HB 2041; Ryan Deckert, Vice-Chair discharged following consideration; reappointed Ted Ferrioli 7/29/03) Charlie Ringo

GENERAL GOVERNMENT— Tony Corcoran, Chair RULES— John Minnis, Vice-Chair Roger Beyer (appointed Co-Chair 7/28/03) Bruce Starr Kate Brown, Co-Chair Vicki Walker , Co-Chair (discharged as Co-Chair 7/28/03, discharged 7/31/03) Jason Atkinson, Vice-Chair HEALTH POLICY— Ginny Burdick, Vice-Chair Bill Morrisette, Chair Tony Corcoran Bill Fisher, Vice-Chair Bill Fisher (appointed 7/31/03) John Minnis Frank Shields Charles Starr TRANSPORTATION AND ECONOMIC Vicki Walker DEVELOPMENT—

Rick Metsger, Chair Bruce Starr, Vice-Chair HUMAN RESOURCES— Ryan Deckert Bill Fisher, Chair David Nelson Bill Morrisette, Vice-Chair Kate Brown Ginny Burdick WATER AND LAND USE— Bev Clarno (resigned 8/1/03) Ted Ferrioli, Chair Charles Starr Charlie Ringo, Vice-Chair Jason Atkinson Rick Metsger

10 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

SENATE STANDING COMMITTEE MEMBERSHIP

WAYS AND MEANS— Subcommittee on Transportation and Kurt Schrader, Co-Chair Economic Development— Steve Harper, Vice-Chair Gary George, Chair Margaret Carter Richard Devlin Joan Dukes Joan Dukes Frank Morse Gary George Ken Messerle Frank Morse Jackie Winters

Subcommittee on Capital Construction Bonding (appointed 8/7/03)— Kurt Schrader, Co-Chair Steve Harper

Subcommittee on Education— Avel Gordly Ken Messerle

Subcommittee on General Government— Richard Devlin Jackie Winters

Subcommittee on Human Services— Jackie Winters, Chair Margaret Carter Avel Gordly Frank Morse Frank Shields, Ex-Officio

Subcommittee on Natural Resources— Ken Messerle, Chair Joan Dukes

Subcommittee on Public Safety— Richard Devlin Gary George

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 11

SENATE SPECIAL COMMITTEE MEMBERSHIP

BUDGET (appointed 7/25/03)— PER DIEM— Kurt Schrader, Chair Tony Corcoran, Chair Steve Harper, Vice-Chair Ken Messerle Margaret Carter David Nelson Richard Devlin Vicki Walker Joan Dukes Gary George Avel Gordly PERMANENT ORGANIZATION AND ORDER OF Ken Messerle BUSINESS— Frank Morse Avel Gordly, Chair Jackie Winters Ted Ferrioli Steve Harper Richard Devlin CONDUCT— Joan Dukes, Co-Chair Ken Messerle, Co-Chair RULES (ORGANIZATION)— Jason Atkinson Richard Devlin, Chair Margaret Carter Kurt Schrader Frank Morse Charles Starr Charlie Ringo Jackie Winters

CREDENTIALS— THE HEALTH PLAN (appointed 5/8/03)— Roger Beyer, Chair Peter Courtney, Co-Chair Ginny Burdick Jackie Winters, Co-Chair Gary George Kate Brown Frank Shields Margaret Carter Bill Fisher Lenn Hannon John Minnis Bill Morrisette

12 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

COMMITTEE ASSIGNMENT BY SENATOR

ATKINSON — COURTNEY — Conduct Ex-officio member of all committees Rules, Vice-Chair The Oregon Health Plan, Co-Chair Water and Land Use

DECKERT — BEYER — Education, Vice-Chair Agriculture and Natural Resources, Vice-Chair Revenue, Chair Business and Labor Transportation and Economic Development Credentials, Chair Rules, Co-Chair (appointed Co-chair 7/28/03) DEVLIN — Budget BROWN — Permanent Organization and Order of Business Human Resources Rules (Organization), Chair Rules, Co-Chair Ways and Means The Oregon Health Plan General Government Subcommittee Public Safety Subcommittee

BURDICK — DUKES — Credentials Budget Human Resources Conduct, Co-Chair Judiciary, Vice-Chair Ways and Means Rules, Vice-Chair Natural Resources Subcommittee Transportation and Economic Development Subcommittee CARTER — Budget Conduct FERRIOLI — The Oregon Health Plan Education Ways and Means Judiciary Human Services Subcommittee Permanent Organization and Order of Business Transportation and Economic Development Revenue, Vice-Chair Subcommittee Water and Land Use, Chair

CLARNO — FISHER — Human Resources (resigned 8/1/03) Agriculture and Natural Resources Rules, Co-Chair (discharged as Co-Chair 7/28/03; Health Policy, Vice-Chair discharged 7/31/03) Human Resources, Chair Rules (appointed 7/31/03) The Oregon Health Plan CORCORAN — Agriculture and Natural Resources GEORGE — General Government, Chair Budget Per Diem, Chair Credentials Revenue Ways and Means Rules Public Safety Subcommittee Transportation and Economic Development Subcommittee, Chair

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 13

COMMITTEE ASSIGNMENT BY SENATOR

GORDLY — MORRISETTE— Budget Education Permanent Organization and Order of Business, Health Policy, Chair Chair Human Resources, Vice-Chair Ways and Means The Oregon Health Plan Education Subcommittee Human Services Subcommittee MORSE— Budget HANNON— Conduct Revenue Ways and Means The Oregon Health Plan Human Services Subcommittee Transportation and Economic Development Subcommittee HARPER— Budget, Vice-Chair Permanent Organization and Order of Business NELSON— Ways and Means, Vice-Chair Business and Labor, Chair Capital Construction Bonding Subcommittee Per Diem Revenue (appointed 7/7/03 for HB 2041; discharged following consideration; reappointed 7/29/03) MESSERLE— Transportation and Economic Development Budget Conduct, Co-Chair Per Diem RINGO— Ways and Means Conduct Education Subcommittee Judiciary Natural Resources Subcommittee, Chair Revenue Water and Land Use, Vice-Chair

METSGER— Business and Labor SCHRADER— Revenue (appointed 7/7/03 for HB 2041; discharged Budget, Chair following consideration; reappointed 7/29/03) Rules (Organization) Transportation and Economic Development, Chair Ways and Means, Co-Chair Water and Land Use Capital Construction Bonding Subcommittee, Co-Chair

MINNIS— General Government, Vice-Chair SHIELDS— Health Policy Agriculture and Natural Resources, Chair Judiciary, Chair Credentials The Oregon Health Plan Health Policy Ways and Means: Human Services Subcommittee, Ex-Officio

14 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

COMMITTEE ASSIGNMENT BY SENATOR

STARR, B.— General Government Revenue Transportation and Economic Development, Vice- Chair

STARR, C.— Education, Chair Health Policy Human Resources Judiciary Rules (Organization)

WALKER— Business and Labor, Vice-Chair General Government Health Policy Judiciary Per Diem

WESTLUND— Sworn in August 11, 2003. Substantive standing committees were closed at this time in anticipation of sine die adjournment, so no appointments were made.

WINTERS— Budget Rules (Organization) The Oregon Health Plan, Co-Chair Ways and Means General Government Subcommittee Human Services Subcommittee, Chair

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 15

SENATE STANDING COMMITTEE REGULAR MEETING SCHEDULE

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

Agriculture and Natural Resources 401 8:00 A.M. 8:00 A.M. 8:00 A.M. Judith Callens, Administrator 503-986-1688 HR B HR B HR B Megan Jensen, Assistant 503-986-1495 Business and Labor 334 1:00 P.M. 1:00 P.M. 1:00 P.M. HR C HR C HR C Dennis Dotson, Administrator 503-986-1640 Romy Dye, Assistant 503-986-1656 Education 334 3:00 P.M. 3:00 P.M. HR C HR C Jan McComb, Administrator 503-986-1635 Romy Dye, Assistant 503-986-1656 General Government 334 3:00 P.M. 3:00 P.M. HR B HR B Mark Ellsworth, Administrator 503-986-1658 Heather Gravelle, Assistant 503-986-1656

Health Policy 349 1:00 P.M. 1:00 P.M. HR B HR B Marjorie Taylor, Administrator 503-986-1755 Saranelle Allen, Assistant 503-986-1626 Human Resources 349 1:00 P.M. 1:00 P.M. HR B HR B Marjorie Taylor , Administrator 503-986-1755 Saranelle Allen, Assistant 503-986-1626 Judiciary 354 8:00 A.M. 8:00 A.M. 8:00 A.M. 8:00 A.M 343 343 343 343 Bill Taylor, Counsel 503-986-1694 Craig Prins, Counsel 503-986-1664 Bill Joseph, Counsel 503-986-1489 Jane Bodenweiser, Assistant 503-986-1488 Revenue H197 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. HR A HR A HR A HR A Paul Warner, Legislative Revenue Officer 503-986-1266 Kim Taylor James, Office Manager 503-986-1264 Tara Lantz, Committee Assistant 503-986-1268 Rules 401A 3:00 P.M. 3:00 P.M. 343 343 Jim Stembridge, Administrator 503-986-1681 Pam Cox, Assistant 503-986-1652 Transportation and Economic Development 401B 8:00 A.M. 8:00 A.M. 8:00 A.M. 8:00 A.M. HR C HR C HR C HR C Amy Joyce, Administrator 503-986-1643 Anna Suess, Assistant 503-986-1639 Water and Land Use 401F 3:00 P.M. 3:00 P.M. HR D HR D Judith Callens, Administrator 503-986-1688 Megan Jensen, Assistant 503-986-1495 Patricia Neilsen, Assistant 503-986-1086

16 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION SENATE SPECIAL COMMITTEE REGULAR MEETING SCHEDULE

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

Budget H-178 Ken Rocco, Fiscal Officer 503-986-1844 Meets at the Call of the Chair Gina Rumbaugh, Coordinator 503-986-1829 The Oregon Health Plan 333 Marjorie Taylor , Administrator 503-986-1755 Meets at the Call of the Chair Heather Gravelle, Assistant 503-986-1660 Megan Jensen, Assistant 503-986-1495

JOINT STANDING COMMITTEE REGULAR MEETING SCHEDULE

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

Ways and Means H-178 9:00 A.M. HR F Ken Rocco, Fiscal Officer 503-986-1844 Gina Rumbaugh, Coordinator 503-986-1829 Ways and Means H-178 Subcommittee On Capital Construction Meets at the Call of the Chair Ken Rocco, Fiscal Officer 503-986-1844 Gina Rumbaugh, Coordinator 503-986-1829 Ways and Means H-178 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On Education HR F HR F HR F HR F Steve Bender, Budget Analyst 503-986-1836 Ways and Means H-178 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On General Government H-170 H-170 H-170 H-170 Dallas Weyand, Budget Analyst 503-986-1834

Ways and Means H-178 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Human Services HR F HR F HR F HR F Sheila Baker, Budget Analyst 503-986-1838

Ways and Means H-178 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Natural Resources H-170 H-170 H-170 H-170 Sue MacGlashan, Budget Analyst 503-986-1817

Ways and Means H-178 1:00 P.M. 1:00 P.M. 1:00 P.M. 1:00 P.M. Subcommittee On Public Safety H-174 H-174 H-174 H-174 Doug Wilson, Budget Analyst 503-986-1837

Ways and Means H-178 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. Subcommittee On Transportation and H-174 H-174 H-174 H-174 Economic Development Robin LaMonte, Budget Analyst 503-986-1845

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 17

RULINGS BY THE CHAIR (SENATE)

August 19 Mason’s Section 402 (3) Germaneness of amendment. SJ-220

August 22 SR 10.01 (4) Timelines associated with motion to reconsider and the SJ-226 appointments of conferees.

August 23 SR 11.01 (6) Appointment of conferees following defeat of concur and SJ-229 repass.

August 26 Oregon Constitution, Constitutionality of the bill. SJ-235 Art. IV, Sec. 10a

18 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

MESSAGES FROM THE GOVERNOR

Date Title Page

June 16 Veto Message on SB 761 (Seventy-Second Regular Session) SJ-164 July 3 Veto Message on SB 880 (Seventy-Second Regular Session) SJ-182

SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION 19

BILLS REFERRED TO THE COMMITTEE ON RULES (Per Article II, Section 6 of the Memorandum of Understanding)

SB 279 Limits compensation of video lottery game retailers to 15 percent of net receipts.

SB 593 Creates crime of partial birth infanticide.

SB 649 Establishes State Accident Insurance Fund Policyholders Fund.

SB 660 Creates certificate of birth for stillbirths.

SB 677 Modifies definition of practice of pharmacy to include authority to prescribe and dispense emergency contraceptives in accordance with written protocol established by physician or nurse practitioner authorized to prescribe drugs.

SB 772 Prohibits smoking in bowling centers and certain restaurants, effective January 1, 2004.

SB 733 Creates crime of causing death of unborn child.

SB 781 Prohibits smoking with 100 feet of entrance to public place.

SB 786 Prohibits discrimination against persons in education, employment, housing, public accommodations and public assistance based on sexual orientation or gender identity.

SB 816 Includes in intimidation laws crimes against gender identity.

20 SEVENTY-SECOND LEGISLATIVE ASSEMBLY - 2003 REGULAR SESSION

SENATE JOURNAL SJ-1

Monday, January 13, 2003--Organizational Session from outgoing Governor John A. Kitzhaber and receiving the inaugural message from Governor-elect Ted Kulongoski. Senate convened at 9:00 a.m. Dukes in Chair. The following members were present: Atkinson, 6. Reconvene at 3:00 p.m. Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Courtney, Deckert, Devlin, Ferrioli, Fisher, George, 7. Appointment of Special Committee on Rules. Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, 8. Adopt Regular Session Rules of the Senate. Starr, B., Starr, C., Walker, Winters. Colors were posted by members of Confederated Tribes of Grand Ronde. Katie Harman, Miss America 2002 sang the 9. Election of permanent officers of the Senate in the National Anthem. Invocation by Senator Frank following order: President, President Pro Tempore, Shields, Portland. Musical performance by Jefferson Secretary of the Senate. High School Dance Troupe, Portland. Respectfully submitted, Senator Avel Gordly, Chair Courtesies of the Senate were extended to former Senate Presidents: E.D. “Debbs” Potts, Edward N. Senator Richard Devlin Fadeley, Bill Bradbury, Gene Derfler, and Tom Senator Ted Ferrioli Hartung at the request of the Chair. Senator Steve Harper Schrader moved that a committee of four be The following report by the Committee on Credentials appointed by the Chair to serve as a Committee on was read and adopted by voice vote on motion of Beyer, Permanent Organization and Order of Business, seconded by Shields. seconded by Hannon. Motion carried on voice vote. January 13, 2003 The Chair appointed Gordly, Devlin, Ferrioli, and Harper as the Committee on Permanent Presiding Officer: Organization and Order of Business. We, your Committee on Credentials, after inspecting Nelson moved that a committee of four be the official Proclamation from the Secretary of State, appointed by the Chair to serve as a Committee on respectfully submit the following report: Credentials, seconded by Burdick. Motion carried on voice vote. That the following Senators are entitled to sit in this The Chair appointed Beyer, Burdick, George body until the second Monday in January 2005, to wit: and Shields as the Committee on Credentials.

Senate at ease while committees met. Senate Jason Atkinson Bill Fisher reassembled. Roger Beyer Gary George Kate Brown Avel Gordly The following report by the Committee on Ginny Burdick Steve Harper Permanent Organization and Order of Business was read and adopted by voice vote on motion of Gordly, Margaret Carter Ken Messerle seconded by Ferrioli. Beverly Clarno John Minnis Ryan Deckert David Nelson January 13, 2003 Ted Ferrioli

Presiding Officer: That the following named Senators were elected on November 5, 2002 at the General Election for a term of four years beginning the second Monday in January, 2003 and We, your Committee on Permanent Organization and are entitled to sit in this body until the second Monday in Order of Business, respectfully recommend that the Senate January, 2007, to wit: proceed to effect permanent organization of the Senate and that the following orders of business be adopted: Peter Courtney Charlie Ringo 1. Appointment of Committees on Permanent Tony Corcoran Kurt Schrader Organization and Order of Business, and Credentials. Richard Devlin Frank Shields Joan Dukes Bruce Starr 2. Adoption of reports of the Committees on Permanent Organization and Order of Business, and Credentials. Rick Metsger Charles Starr Lenn L. Hannon Vicki Walker 3. Administering Oath of Office to newly-elected Bill Morrisette Jackie Winters Senators. Frank Morse 4. Election of Temporary Officers until the Senate elects a President. That Gene Derfler, a duly-elected Senator from the 10th Senatorial District for a term of four years beginning 5. Recess to attend Joint Session for the purpose of the second Monday in January, 1999 and terminating the canvassing the vote for Governor, receiving the message second Monday in January, 2003, resigned on November 8, 2002.

SJ-2 SENATE JOURNAL

That , a duly-elected Senator from the Senate reconvened at 4:30 p.m. Hannon in 7th Senatorial District for a term of four years beginning the Chair. All present except Beyer, Brown, Burdick, second Monday in January, 1999 and terminating the Clarno, George, Nelson, Ringo, Walker, excused. second Monday in January, 2003, resigned on January 5, 2003. Senate, having recessed under the provisions of the Report of the Committee on Permanent Respectfully submitted, Organization and Order of Business, resumed under Senator Roger Beyer, Chair the order of those provisions by unanimous consent at Senator Ginny Burdick the request of the Chair. Senator Gary George Senate adjourned until 2:00 p.m. Tuesday by Senator Frank Shields unanimous consent at the request of the Chair. Courtney and Hannon were appointed to escort The Honorable Wallace P. Carson, Jr., Chief Justice of the Oregon Supreme Court, to the Rostrum. Tuesday, January 14, 2003 -- Afternoon Session

Chief Justice Carson administered the oath of Senate convened at 2:00 p.m. Hannon in Chair. office to the newly-elected senators. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Nominations for temporary presiding officer of Courtney, Deckert, Devlin, Dukes, Ferrioli, Fisher, the Senate were declared open by unanimous consent George, Gordly, Harper, Messerle, Metsger, Minnis at the request of the Chair. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters. Colors were Fisher nominated Hannon for temporary posted and the Senate pledged allegiance to the flag. presiding officer of the Senate. Corcoran moved that Invocation by Senator Bill Fisher, Roseburg. nominations for temporary presiding officer be closed and that a unanimous ballot be cast for Hannon. Senate, having recessed under the provisions of Motion carried on voice vote. the Report of the Committee on Permanent Organization and Order of Business, resumed under Nominations for temporary Secretary of the the order of those provisions by unanimous consent at Senate were declared open by unanimous consent at the request of the Chair. the request of the Chair. Pursuant to the provisions of the Report of the Clarno nominated Judy Hall for temporary Committee on Permanent Organization and Order of Secretary of the Senate. Brown moved that nominations be closed and a unanimous ballot be cast Business, the Chair made the following appointments for Judy Hall. Motion carried on voice vote. to the Special Committee on Rules.

Message from the House announcing that the SPECIAL COMMITTEE ON RULES House of Representatives has organized and elected the following officers: Speaker of the House, Senator Richard Devlin, Chair Representative Karen Minnis; Speaker Pro Tempore, Senator Kurt Schrader Representative Lane Shetterly; Chief Clerk, Ramona Senator Charles Starr J. Kenady; and is ready for the business of the Seventy-second Legislative Assembly. Senator Jackie Winters Senate at ease while committee met. Senate Message from the House inviting members of the reassembled. Senate to meet in Joint Session at 10:30 a.m. today for the purpose of hearing from the Speaker of the The following report was read. House the result of the canvass of vote cast for Governor, to receive the farewell address from Governor John A. Kitzhaber, and to receive the January 14, 2003 inaugural address of Ted Kulongoski, Governor-elect. Presiding Officer: Senate accepted the invitation from the House on motion of Starr, B., seconded by Walker. We, the Special Committee on Rules, recommend that Senate to recess following Joint Assembly until the Senate adopt the 2001 Regular Session and Interim 3:00 p.m. on motion of Walker, seconded by Morse. Rules, as amended, as the Rules for the 2003 Regular Members of the Senate proceeded to the House for Joint Assembly. Session and Interim Rules. Senator Richard Devlin, Chair Monday, January 13, 2003--Afternoon Session Senator Kurt Schrader Senator Charles Starr Senator Jackie Winters Convening of the Senate delayed until 3:30 p.m. by implied consent at the request of the Chair. Recess extended to 4:30 p.m. Devlin moved that the 2001 Regular Session and Interim Rules, as amended, be adopted as the SENATE JOURNAL SJ-3

Permanent Senate Rules for the 2003 Legislative Session. On adoption of the motion the vote was: 2.01 Use of Mason's Manual of Legislative Ayes, 29, excused, 1—Carter. Permanent Rules and Interim Rules of the Senate adopted. Procedure.

RULES OF THE SENATE Mason’s Manual of Legislative Procedure shall apply to cases not provided for in these rules or otherwise SEVENTY-FIRST SECOND LEGISLATIVE covered by the Oregon Constitution, statute or ASSEMBLY custom.

DEFINITIONS 2.05 Procedure for Amending Rules.

1.01 Definitions. No standing rule of the Senate shall be adopted, amended or rescinded except upon the affirmative (1) “Chamber” means the entire area of the Senate vote of a constitutional majority (16). After the Floor and the side aisles. organizational meeting of the Senate, the adoption, amendment or recision of rules shall be proposed in (2) “Chamber area” includes the entire area of the writing, read at a regular business session, printed, Senate Floor including the areas immediately distributed to members' desks, and allowed to lie on adjacent to the Senate Chamber, with the exception of the table for at least one day prior to any vote Room 231. thereon.

(3) “Constitutional majority (16)” means a majority of 2.10 Procedure for Suspending Rules. the members of the Senate except in the case of those measures requiring an otherwise constitutionally (1) No rule of the Senate shall be suspended except designated majority vote. by unanimous consent of the members or by the affirmative vote of two-thirds of the members (20). In (4) “Courtesy of the floor” means admittance within suspending a provision of the Oregon Constitution, as the bar granted upon request of a member in provided by the Oregon Constitution, an affirmative accordance with SR 17.01 (2). vote of two-thirds of the members is required. The vote shall be a roll call vote. (5) “Majority” means a majority of those members present. (2) When a motion to suspend the rules is defeated, the motion shall not be renewed until after an (6) “Measure” means bill, resolution or memorial, but intervening recess or adjournment. does not include amendments. 2.20 Rules of the Senate. (7) “Member” means member of the Senate. (1) Except as modified or rescinded under Rule 2.05, (8) “Printing” includes printing and other means of and the memorandum of agreement attached and reproducing copy. incorporated herein, these rules shall be in effect for the entire term of the Legislative Assembly, whether (9) “Remonstrance” may be considered as a “protest” the Senate is in session or has adjourned sine die. under section 26, Article IV of the Oregon Constitution. CONVENING

(10) “Within the bar” means within the area of the 3.01 Quorum. Chamber that is enclosed by waist-high partitions and that contains the members' desks and the (1) A quorum of the Senate is 20 members. rostrum. (2) If a quorum is present, the Senate shall proceed (11) Appendix A - Interim Rules identifies specific with the transaction of business. When there is no rules governing interim period. quorum present, a lesser number of members may adjourn from day to day and compel the attendance of absent members. RULES

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3.05 Session Hour; Deliberations Open. The President shall vote whenever a roll call is required. The President's name is called last. (1) Unless otherwise ordered by a majority of the members present, the hour of meeting shall be 3.33 Announcement of Conflict of Interest. designated by the President. (1) When involved in a potential conflict of interest as (2) All deliberations of the Senate and its committees defined by ORS 244.020, a member shall announce, shall be open to the public. However, this provision on the Senate floor or in the committee meeting, the does not prohibit clearing the gallery or hearing room nature of the potential conflict prior to voting on the in the event of a disturbance, during which time issue giving rise to the potential conflict. deliberations shall be in recess. (2) The member's announcement of a potential 3.10 Attendance. conflict of interest shall be recorded in the Journal or in the committee minutes. If the member desires to (1) A member shall attend all sessions of the Senate have more than the announcement recorded, the unless excused by the President. The Journal Editor member shall reduce to writing the nature of the will record on each roll call all members “present,” potential conflict as given in the oral explanation and “excused,” “attending legislative business,” or file it with the Secretary of the Senate or the “absent.” committee assistant. The written statement must be filed by 5 p.m. of the next session day following the (2) The President or committee chair may excuse a vote on the measure . member from committee meetings. The minutes of the committee shall record all committee members as (3) Failure to comply with section (1) of this rule may “present,” “excused,” or “absent.” constitute improper conduct as determined by the Special Committee on Conduct appointed in VOTING accordance with Senate Rule 18.04 (1).

3.15 Roll Call. (4) A complaint against a Senate member alleging violation of section (1) of this rule must meet the (1) A roll call vote of “ayes” and “nays” shall be taken following criteria: and recorded on the final passage of all measures, with the exception of memorials and resolutions that (a) The complaint must be in writing; affect only the Senate and do not appropriate money. (b) The complaint must be specific in its (2) Upon demand of two members, a roll call shall be allegations and be accompanied by documentation taken and recorded on any question. supporting the allegations;

(3) If the presiding officer is in doubt on any motion (c) The complaint must be signed by at least two considered on voice vote, the presiding officer shall persons who witnessed the conduct that is the subject order a roll call vote. of the complaint; and

3.20 Requirements for Voting. (d) The complaint, in the manner prescribed by the Secretary of the Senate, must be filed with the (1) Every member who is in attendance when the Secretary’s office within 10 days of the alleged question is stated shall vote. violation.

(2) Except by unanimous consent, no member shall (5) The Secretary shall transmit copies of the written be permitted to vote on any question unless in and signed complaint to the President of the Senate, attendance at the time the question is put. A member the President Pro-Tempore {Senate Majority Leader}, shall be considered in attendance if the member is in and the Senate Caucus {Minority} Leader{s} as soon the Chamber area. However, a member must be as practicable. within the bar to vote. (6) The President shall refer any written complaint 3.30 Voting by President. that has been filed in accordance with section (4) of this rule to the Special Committee on SENATE JOURNAL SJ-5

Conduct within 30 days of receipt of the complaint. (1) Any member may explain a vote on any matter for which a roll call vote is taken. The member may (7) The committee shall investigate any written make the oral explanation from the floor following complaint to determine whether the alleged conduct completion of the roll call and announcement of the constitutes violation of section (1) of this rule and result or announce that he or she intends to submit a shall conduct such investigation in accordance with written explanation. Oral explanations shall not procedures set forth in the committee rules. exceed two minutes.

(8) The committee must complete the investigation (2) The vote explanation must be germane to the and report recommended sanctions, if any, to the full subject and shall not reflect on the honor or integrity Senate within 45 days of receiving the complaint as of other members of the Legislative Assembly. If the referred by the President. The President may permit explanation offered from the floor does not meet the a reasonable extension of time at his or her discretion. requirements of this subsection, the President may call the member to order. The President may direct (9) Any recommended sanction resulting from a the Secretary of the Senate to delete out-of-order written complaint against a Senate member must be material from the Journal. proportionate to the seriousness of the offense. The committee may recommend the following sanctions: (3) If the member wishes the explanation to be entered in the Journal, the member must indicate (a) Reprimand; that request at the time the explanation is given. The (b) Censure; or member shall reduce to writing the substance of the (c) Expulsion. oral explanation. The written explanation must be filed with the Secretary of the Senate by 5 p.m. of the (10) In reporting to the full Senate, the committee day the vote was taken. shall include in its report: 3.45 Printed Measures Required for Voting. (a) A copy of the complaint; (b) Whether or not there was a violation of (1) No measure, or amendment to a measure, shall be Section (1) of this rule; finally voted on until it has been printed and placed (c) Recommended sanctions, if any; and on the desks of the members, except as provided by (d) The basis for the committee’s Rule 5.40. recommendation. (2) A printing error in a printed measure or printed (11) The committee report must be signed by the amendments to a measure under consideration of the committee chair and submitted to the Secretary of the Senate shall be considered corrected if the correction Senate within 3 days of final committee action. is made on the original copy and initialed by the appropriate member. The original measure is found (12) The report shall be placed on the calendar for in the original measure folder at the Senate Desk. final consideration on the session day following the reading and distribution of the report. 3.50 Third Reading Requirements.

(13) Before taking action against a Senate member Except for resolutions and memorials that affect the under this section, the Senate must approve the Senate only, no measure shall pass the Senate until committee report recommending a sanction by a two- after third reading nor shall any measure be read thirds majority vote (20). more than once in any one day.

(14) If the committee recommends no action, the 3.55 Call of the Senate. formal procedure is concluded and the complaint shall be considered dismissed. The report shall be (1) Three members may demand a Call of the Senate submitted in accordance with Section (11) of this rule at any time there is a pending question and before a and read under reports from special committees on roll call has commenced. the session day following distribution of the report. (2) Upon a Call of the Senate, the Chamber doors 3.35 Explanation of Vote. shall be closed until proceedings under the Call have been terminated. No other business shall be

SJ-6 SENATE JOURNAL transacted until the proceedings under the Call are terminated. A member must remain in attendance (e) Remonstrances until proceedings under the Call are terminated. A member shall be considered in attendance when in (f) Reports from conference committees the Chamber area. However, a member must comply with the provisions of Senate Rule 3.20 for the (g) Reports from standing committees purpose of voting. (h) Reports from special committees (3) Upon a Call of the Senate, the Sergeant at Arms shall cause all members not excused to come to the (i) Propositions and motions floor. If the Sergeant at Arms cannot locate an unexcused member, that fact shall be reported to the (j) Action on Executive Appointments President who shall announce the fact to the requiring Senate confirmation members. (k) Introduction and first reading of Senate (4) Proceedings under a Call of the Senate shall be measures considered terminated only when the question and subsidiary motions for which the Call was invoked (l) Second reading of Senate measures have been voted on, or when a motion to remove the Call is approved by at least two-thirds (20) of the (m) Third reading of Senate measures members of the Senate. (n) First reading of House measures (5) A motion to remove the Call shall be in order when the Sergeant at Arms reports that unexcused (o) Second reading of House measures members cannot be located. If there is no quorum, after the report of the Sergeant at Arms is received, (p) Third reading of House measures the Senate may remove the Call by the consent of the majority of the members present. (q) Unanimous Consent Calendar

(6) Under the proceedings of a Call of the Senate: (q) (r) Other business of the Senate

(a) Senate guests may leave the Chamber at (r) (s) Announcements will; however, they shall not be permitted to return until the proceedings are terminated or the Call has (2) Messages from the Governor or the House may be been removed. read at any time. Courtesies may be extended at any time. (b) Members of the House, the press and Senate staff on Senate business may leave the (3) Questions relating to the priority of business shall Chamber and return at will during the proceedings be decided without debate. under the Call. (4) The general order of business shall not be varied ORDER OF BUSINESS except upon suspension of the rules. However, any subject before the Senate may be made a special order 4.01 Order of Business. of business upon the vote of a majority of the members present. When the appropriate time for (1) The general order of business shall be: consideration of the subject arrives, the Senate shall take up the subject. (a) Roll Call (5) When scheduled for third reading, appropriation (b) Honors to the Colors and the Pledge of bills shall take precedence over all other bills from Allegiance the same house of origin.

(c) Invocation (6) Under the order of business Remonstrances, no member may speak for longer than two minutes, or (d) Courtesies of the Senate for a second time, or yield time to another member. SENATE JOURNAL SJ-7

The motives or integrity of any member of the House (a) to refer to committee or Senate shall not be impugned. (b) to lay on the table (c) to postpone indefinitely

4.05 Unanimous Consent Calendar (7) No measure which has been made the subject of a motion to reconsider shall be placed on the consent (1) Each session day, a consent calendar of measures, calendar. if there are any so designated, shall be presented for consideration and vote of the Senate. Copies of the (8) Notwithstanding the provisions of this rule, if the consent calendar shall be printed and distributed to President and President pro Tempore have members prior to consideration. reasonable cause to believe sine die is imminent, the President, with the agreement of the President pro (2) Any measure reported out of committee Tempore, may order any measure recommended for unanimously to the Senate floor, with or without the consent calendar be placed in its proper order on amendments, may be placed on the consent calendar the third reading calendar. with unanimous agreement of the committee reporting the bill. MOTIONS

(3) Any measure reported out of committee with the 5.01 Moving a Motion. recommendation that it be placed on the consent calendar shall be placed on the second reading (1) When a motion is moved, it shall be stated by the calendar under subsection (1) and (2) of Senate Rule President. If the motion is in writing, it shall be 8.55. handed to the Secretary of the Senate and read aloud before debate on the motion begins. (4) Any measure recommended for the consent calendar shall be placed on the calendar but held at (2) A motion shall be reduced to writing upon request the Desk for two days after the day on which the of any member. committee report is read. During this period, Members may submit written objection to the placing (3) No second to a motion is required. of the measure on the consent calendar. If the objections of three members of the Senate are 5.05 Motion in Possession of the Senate. received at the Desk prior to adjournment of floor session on the second day, the measure shall be After a motion is stated by the President or read by removed from the consent calendar and placed in its the Secretary of the Senate or the Reading Clerk, it is proper order on the third reading calendar for the in the possession of the Senate. The motion may be following day. The measure may also be removed by withdrawn only with the permission of the Senate order of the President with the agreement of the and prior to a decision on the motion. President pro Tempore. 5.10 Precedence of Motions. (5) If no objections or an insufficient number are filed within the two-day period, the measure shall be (1) When a question is under debate, only the placed in its proper order on the next consent following motions shall be made: calendar. (a) To adjourn (6) When the order of business “unanimous consent calendar” is reached, the President shall announce (b) To recess the calendar. The clerk shall read each measure by number and title only. Following each reading, it (c) To lay on the table shall be in order for the member designated to carry the measure to explain the measure. The member (d) To move the previous question shall be allotted not to exceed five minutes for the explanation. Following the presentation, only a Call (e) To postpone to a certain day of the Senate is in order or the following motions may be made: (f) To refer or rerefer

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(g) To amend 5.25 Effect of Motion to Indefinitely Postpone. (h) To postpone indefinitely (1) When a measure or question has been indefinitely (i) To withdraw a motion. postponed, no further action on the measure or question shall be allowed in the same session of the (2) The motions listed in subsection (1) of this section Legislative Assembly. The vote is not subject to a shall have precedence in the order in which they are motion for reconsideration. listed. (2) When the motion to indefinitely postpone a 5.15 Undebatable Motions. measure or question fails, the motion shall not be allowed again on the same day or at the same stage of (1) The following motions are undebatable: the measure or question.

(a) To adjourn 5.30 Division of the Question.

(b) To recess (1) Any member may call for a division of a question if the question presents propositions so distinct in (c) To suspend the Rules substance that if one is taken away, a substantive proposition remains for the decision of the Senate. (d) To lay on the table (2) The question of final passage or adoption of any (e) To move the previous question measure is not subject to division.

(f) To amend an undebatable motion 5.40 Amendments from the Floor.

(g) To take from the table. No measure shall be amended on the floor unless unanimous consent is given and a written statement (2) All incidental questions shall be decided without of the proposed amendment is filed with the Secretary debate. of the Senate.

(3) An appeal to the committee chair or the President DEBATE AND DECORUM is undebatable, although the member making the appeal may state briefly the reason for the appeal, 6.01 Decorum. and the chair or the President may state briefly the rationale for the ruling. When a member is speaking, no one shall walk between the member and the rostrum. No one shall 5.17 Form of Previous Question. leave the Chamber or hearing room in a manner disruptive of the proceedings. When the Senate is in (1) The previous question shall be put in this form: daily session, or a hearing is being conducted, no one “Shall the main question be now put?” The main in the Chamber, gallery or hearing room shall act in a question is the question immediately under manner disruptive of the proceedings. consideration. 6.05 Recognition of Members. (2) The previous question shall only be admitted when demanded by a majority of the members When a member seeks to be recognized by the chair, present. Until it is decided, it shall preclude all the member shall use the electrical signal device at amendments and further debate on the question, the member's desk, or the member shall rise and except for closing arguments. respectfully address the chair. Exceptions to this rule are: 5.20 Form of Question on a Motion. (a) When demanding a Call of the Senate or a The question on a motion shall be put in this form: roll call. “Those in favor say, ‘aye’” and after the response, (b) When allowed to interrupt a speaker for one “Those opposed say, ‘no’.” of the purposes listed in Mason's Manual of SENATE JOURNAL SJ-9

Legislative Procedures, section 92. (4) No member may speak more than twice on any 6.10 Conduct in Debate. question.

(1) In speaking, a member must confine remarks to 6.30 Limitation on Duration of Debate. the question under debate and shall avoid personalities. A member may refer to the actions of a The following rules apply to the length of time a committee if such actions are relevant to the debate, member shall have the floor in debate: but a member shall not impugn the motives of another Senate or House member’s vote or argument. (1) On the final passage of a measure, the chair of the committee reporting the measure, or a member (2) In speaking, a member may address another designated by the chair, may speak for ten minutes. member by using the appellation of Senator or the In the case of multiple carriers, each member may appellation of Senator and the member's district speak for five minutes. Other members may speak for number or other description of district. five minutes.

(3) A member's right to read from any paper or book (2) On a motion to adopt or substitute a committee as a part of a speech is subject to the will of the report, the member who moves the motion may speak Senate. If any member objects to such reading, the for ten minutes. Other members may speak for five matter shall be immediately put to a vote without minutes. debate. (3) The member closing debate on final passage or (4) No member is permitted to use audio or video moving to adopt or substitute a committee report, reproductions during debate. As used in this rule, may speak for ten minutes. In the case of multiple “audio and video reproductions” include films, audio carriers, one member shall be designated to close. and video tapes or slides. (4) On other debatable motions, a member may speak (5) No one other than a member may speak during for five minutes. debate. (5) Any member may yield the time allowed under 6.20 Questioning a Member. this rule to another member. However, no additional time can be yielded to a member closing debate. (1) All questions asked of a member shall be addressed through the chair. (6) When a member who has the floor asks a question of another member, the time used in answering shall (2) Members responding to a question shall confine be taken from the questioning member. remarks to the question only. 6.35 Call to Order. 6.25 Frequency with Which Member May Speak. (1) If a member transgresses the rules of the Senate, the President, or any member through the President, (1) The mover of a motion or the member designated may call the member to order. Unless permitted by to carry a measure shall have the privilege of closing the President to explain, the member called to order the debate on the motion or the measure. shall be seated immediately.

(2) Except as authorized by subsection (1) of this (2) The member who is called to order may appeal rule, no member shall speak more than once on any the ruling of the President. If the Senate decides the question until every member wishing to speak has appeal in favor of the member, the member may spoken. proceed with the debate. If the Senate decides the appeal against the member, the member may proceed (3) If a pending question is lost by reason of “in order” or be liable to a motion of censure of the adjournment and is revived on the following day, a Senate. member who has previously spoken on the question shall not be permitted to speak again until every 6.40 Discipline. member wishing to speak on the question has spoken.

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If a member is called to order for words spoken in Legislative Assembly when they are in the Senate debate, the member objecting shall immediately Chamber. repeat the words to which objection is taken and they shall be recorded by the Journal Editor. However, if (5) The President shall have control of the Senate any other member has spoken or other business has Chamber and adjacent areas. intervened after the words were spoken and before the objection was made, the member shall not be held COMMITTEES answerable or subject to censure. 8.01 Names of Committees. PRESIDING OFFICER (1) The following shall be the standing committees of 7.01 Election of Presiding Officer; Pro Tempore the Senate: Presiding Officer. (a) Business ,and Labor, and Economic (1) The members of the Senate shall elect by a roll Development call vote a President of the Senate. A constitutional majority (16) is required to elect a President. (b) Education

(2) The members shall also elect by a roll call vote a (c) General Government and Transportation President pro tempore of the Senate. A constitutional majority (16) is required to elect a President pro (d) Health Policy and Human Services tempore. (e) Human Resources Information Management 7.05 Temporary Presiding Officer. and Technology

(1) The President may designate a member other (f) Judiciary than the President pro tempore if the President pro tempore declines to act temporarily as the presiding (g) Natural Resources, Agriculture, and officer. The designation shall not extend beyond Salmon, and Water adjournment on the day of the appointment. The member does not lose the right to vote while (h) Rules and Redistricting presiding. The President may resume the chair at his or her pleasure. (i) Revenue

(2) If, at any time, the office of the President of the (j) Joint Ways and Means Senate becomes vacant, the President pro tempore shall become President until a new President is (k) Water and Land Use elected. (l) Transportation and Economic Development 7.10 Duties of Presiding Officer. 8.05 Committee Appointments. (1) The President shall take the chair every day at the hour as provided in Senate Rule 3.05. (1) The President may establish special committees and conference committees, but shall establish no (2) The President shall immediately call the additional standing committees, without the approval members to order and have the roll called. of a majority. No committee with the exception of conference committees shall have less than four (3) The President shall preside over deliberations of members. the Senate, preserve order and decorum and decide questions of order, subject to appeal by any two (2) Members of all standing and special committees, members. and the chairs and vice-chairs thereof, shall be appointed by the President.set forth in the (4) The President, in consultation with the President memorandum of understanding attached to these pro tempore, shall have general control and direction rules. of all Senate employees and all employees of the SENATE JOURNAL SJ-11

(3) The President shall appoint members to other President. Any member attending a meeting during a committees as necessary or as required by law. Each session shall be considered excused to attend business committee shall have an equal number of members of the Senate and subject only to a Call of the Senate. from each party. (4) Committee meetings held at a time or place not (4) (a) The President shall be an ex officio member provided for in the Joint Legislative Schedule require of each standing committee and have the power to the advance approval of the President, if the meeting vote. As an ex officio member on a standing time would cause a member to miss a regularly committee the President does not increase the size of scheduled meeting of another committee. the respective committees. Ex officio membership does not increase the number of members required to (5) Approval of the President must be obtained if the provide a quorum. location of a meeting will require the expenditure of state monies for travel. (b) The President shall not have the ex officio power to vote on a motion to rerefer a bill that is in 8.16 Committee Meeting--Less Than 24 Hours' the possession of the Rules Committee. Notice.

8.10 Committee Quorum; Rules. When the President has reason to believe that adjournment sine die of the session is imminent, the (1) A majority of the members appointed to a President may invoke the following provisions by standing or special committee shall constitute a announcement from the rostrum during floor session: quorum for the transaction of business before the committee. Notwithstanding the provision of Senate Rule 8.15, the committee chair may call a meeting of a (2) Final action on a measure in committee shall be committee with less than 24 hours' notice if, at least taken only on the affirmative vote of a majority of the one hour prior to the meeting, notice is given to the members. Secretary of the Senate’s Office and posted outside the Senate Chamber, in the Press Room and in any (3) All standing and special committees shall be other place reasonably designed to give notice to the governed by committee rules adopted by a majority of public and interested persons. Written notice must committee members, the Senate Rules and Mason's also be delivered to all committee members’ offices Manual of Legislative Procedure and statute. who have not been excused from attendance pursuant to Senate Rule 3.10. Whenever possible, such 8.15 Committee Meetings. meetings shall be announced on the floor while the Senate is in session. (1) All committees shall meet at the call of the committee chair. The chair shall cause notice of the 8.20 Committee Action Required. meeting to be given to the public. The chair may designate a time certain for an agenda item. The (1) Each committee shall act upon referred measures chair shall begin a time certain agenda item at the as soon as practicable. appointed time and accommodate witnesses wishing to testify to the extent practicable. Written notice is to (2) Upon written request of a majority of committee be posted outside the Senate Chamber and in the members filed with the committee chairperson and lobby areas of the 2nd and 3rd floor wings at least 24 the Secretary of the Senate, the chairperson shall hours in advance of the meeting. order a hearing or work session on any measure in the possession of the committee. The hearing or work (2) Meetings to resolve conflicts or inconsistencies session shall be held only after notice as required by between two or more measures may be called on Rule 8.15(1), but shall be held within a reasonable shorter notice. Written notice to the public shall be time. given immediately upon call of such a meeting. The meeting shall be announced on the floor of the Senate 8.25 Committee Meeting Records. if it is in session. (1) Each meeting of a committee or subcommittee (3) No committee shall meet during the time the shall be sound recorded. As soon as practicable after Senate is in session without approval of the each meeting, written minutes of the meeting shall be

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prepared and distributed. The minutes shall contain A measure, including one referred by the President to at least the following information: a joint committee, may be withdrawn from a committee by a motion to withdraw, and by the (a) Attendance of members and staff affirmative vote of a constitutional majority (16) of the members of the Senate. (b) Names of all witnesses 8.43 Motion to Refer or Rerefer. (c) Recorded vote on all official actions A measure may be referred or rereferred to committee (d) Any announcements of conflicts of interest either under Propositions and Motions or on third reading. An affirmative vote of a majority of those (e) References to the recording log, sufficient to present is necessary. A measure may be referred or serve as an index to the original sound recording. rereferred with recommendations to a committee. These recommendations must be in writing and filed (2) Testimony and exhibits submitted in writing shall with the Secretary of the Senate before the vote is be attached to the minutes and considered as part of taken on the motion to refer with recommendations. the official record.

COMMITTEE REPORTS REFERRAL OF MEASURES TO COMMITTEE 8.50 Committee Reports. 8.40 Referral to Committee. (1) All committee reports on measures shall be signed (1) Within seven calendar days following first by the committee chair. Committee reports must be reading of a measure, the President shall refer the submitted to the Secretary of the Senate on or before measure to an appropriate committee and may refer the third session day following final committee action it to not more than one additional committee. When a on the measure. When a committee requests a bill is referred to a committee the President shall subsequent referral or requests a referral be notify the President pro tempore. The President pro rescinded, the request shall be in writing and tempore shall have three calendar days to agree or accompany the committee report. disagree with the referral. In the event they do not agree, the bill will be referred to the committee on (2) If a minority report is to be filed, notice must be Rules. Any measure appropriating money or given to the committee on the day the report was requiring the expenditure of money may also be adopted. The minority report, together with the referred to the Joint Committee on Ways and Means. committee report, shall be filed jointly no later than The referral may occur before or after it has been three session days following final committee action. referred to and reported out of any other committee. The President with the agreement of the President (3) All committee reports shall be filed in a manner pro tempore may, at any time, rescind a subsequent prescribed by the Secretary of the Senate. Reports referral. which are not in the proper form and style may be returned to the committee or corrected by the (2) At the request of a committee reporting on a Secretary of the Senate and the President or their measure, the President with the agreement of the designees. Any substantive changes must be President pro tempore may rescind or add a approved by the committee. subsequent referral to another committee. (4) In reporting a measure out, a committee shall (3) The Secretary of the Senate shall publish and include in its report: distribute to the members a current listing of measures referred. A list of measures referred shall (a) The measure in the form reported out be placed in the Journal. The President may either announce the referral decisions or order the referrals (b) The recommendation of the committee made in accordance with the printed list. (c) A staff measure summary for all measures 8.42 Withdrawing Measure from Committee. except appropriation bills and joint memorials

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(d) A fiscal impact statement, if applicable, action on the minority report is completed, the prepared by the Legislative Fiscal Officer measure shall be read for the third time and considered immediately. (e) A revenue impact statement, if applicable, prepared by the Legislative Revenue Officer (3) No member of a committee may subscribe to more than one minority report respecting a given (f) Budget notes, if applicable, as adopted by a committee report. majority of the Committee on Ways and Means. (4) Committee members may subscribe to a minority (5) If the committee is of the opinion that a fiscal report only if present during committee meeting when impact statement or a revenue statement is not action was taken. applicable, the report shall state that decision and be filed without such statements. 8.65 Without Recommendation.

8.52 Committee Reports--Read or Announced. If a measure is reported without recommendation by a committee, the report shall be filed and the measure (1) At the discretion of the President, committee placed on the Second reading calendar for that day, reports at the Senate Desk may be either read or and on the Third reading calendar the second session announced under the proper order of business. If day following receipt. If the measure has reports are announced, the Secretary of the Senate amendments, second reading shall occur on the same shall distribute to the members a summary of all day on which printed amendments are distributed. reports and measures passed to calendar. The measure shall be carried on the floor by the chief Senate sponsor, the committee chair, or committee (2) The Secretary of the Senate shall cause the member designated by the committee chair at the committee report to be entered in the Status Report discretion of the committee chair. and Journal. 8.70 Adverse Committee Report. 8.55 Second Reading of Measures. (1) When a measure is reported with a do not pass (1) Measures reported favorably without recommendation, the effect of the adoption of an amendments and having no subsequent referral shall adverse committee report is the indefinite be placed on the second reading calendar for the same postponement of the measure. A motion to adopt the session day on which the report is read or announced. report is required.

(2) Measures reported favorably with amendments (2) The Secretary of the Senate must notify, in and having no subsequent referral shall be placed on writing, the President, President pro tempore and the the Second reading calendar for the same session day sponsors of the measure of an adverse report within on which printed amendments are distributed. 24 hours of receipt of the report by the Secretary of the Senate. No action shall be taken on any adverse 8.60 Dissents; Minority Reports. report until 24 hours after the Secretary of the Senate has notified the President, President pro tempore and (1) Any member of a committee who dissents from the sponsors of the measure. the committee recommendations may request to be listed in the committee report as not concurring. The 8.75 Germaneness. names of members not concurring shall be recorded in the Status Report and Journal. If, at any time after filing of a committee report, including a conference committee report, and before (2) If a minority report, subscribed to by at least two final action by the Senate on the measure, a member members dissenting from the committee report, raises the question of the germaneness of the accompanies the committee report, both reports shall amendments, the President shall decide the question be filed jointly. On the day next following based on section 402 of Mason’s Manual of Legislative distribution of amendments, it shall be in order under Procedure and announce the decision from the Propositions and Motions to move the adoption of the rostrum. committee report and then to move that the minority report be substituted for the committee report. When 8.80 Third Reading and Final Passage.

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(1) Except as provided in Senate Rule 3.50, measures A substitute measure shall be treated as a newly shall be placed on the calendar for third reading and introduced measure providing it is relevant to the final passage the next session day following second title and subject of the original measure. After first reading. reading, the measure shall be placed on second reading, on the next session day, without referral to (2) When a measure is reported favorably but with committee. amendments, the amendments must be printed and distributed to the desks of the members before the RECONSIDERATION measure comes up for third reading and final passage. The measure shall be placed on the calendar 10.01 Reconsideration. for third reading and final passage on the session day following the day of distribution of the printed (1) A motion for reconsideration may be made by a amendments. member who voted on the prevailing side when:

(3) Upon the recommendation of the committee chair (a) A measure or executive appointment has reporting a measure with amendments, or at the passed or been confirmed; President's discretion, the President may order a measure printed with the amendments engrossed (b) A measure or executive appointment has therein. If the measure is printed engrossed, it shall failed to pass or has been denied; not be considered for final reading sooner than the session day following distribution of the printed (c) A non-procedural motion has been adopted; engrossed measure unless the amendments have been or distributed to the desks of the members. (d) A non-procedural motion is defeated. (4) Measures passed to the calendar in the regular order of business which, according to Legislative A motion for reconsideration is not in order on a vote Counsel, conflict with measures previously passed in whereby a measure was indefinitely postponed. the current session, may be taken from the calendar for the purpose of resolving the conflict. A motion by (2) Notice of intent to move for reconsideration must the chair of the committee that considered the be given orally by the member who intends to move measure is in order for removal of the measure from the motion. Notice must be given prior to the calendar. adjournment on the day on which the vote to be reconsidered was taken. (5) Notwithstanding the provisions of this rule, it shall be in order for the Secretary of the Senate to (3) A motion to reconsider may be debated together replace a measure on the calendar for third reading with the main question, if the subject of the main and final passage in the regular order of business question is debatable. immediately after the committee report resolving the conflict has been read. If changes other than (4) The motion to reconsider may be voted on the day resolving conflicts or minor corrections are made, when the vote to be reconsidered was taken, or on the consideration of the measure must comply with the next session day. regular procedure. (5) A majority affirmative vote of those present and 8.85 Order of Consideration for Final Passage. voting is required to reconsider a vote, including a measure requiring an otherwise constitutionally (1) When placed on the calendar for final passage, designated majority vote. There shall be only one measures shall be considered in their numerical reconsideration of any final vote even though this order. However, appropriations measures shall action reverses the previous action. precede other measures. 10.05 Transmitting Measures which may be (2) Except as otherwise provided in these rules, no Reconsidered. motion is required to adopt a committee report. When a member has given notice of intention to move 8.95 Substitute Measure. for reconsideration of the final vote passing a SENATE JOURNAL SJ-15

measure, the Secretary of the Senate shall not (6) If the motion to concur and repass the measure is transmit that measure until a motion for defeated, the President shall appoint a conference reconsideration has been made or the time for making committee. a motion has expired. However, if the measure subject to reconsideration was passed on what the 11.05 Conference Committee. President has reasonable cause to believe is one of the final days of the session, the Secretary of the Senate Upon receipt of a message from the House that it has shall transmit the measure notwithstanding the fact failed to concur with Senate amendments to a House that notice of reconsideration has been given. measure, the President shall, within five calendar days, appoint a conference committee of two or three 10.10 Recall of a Measure. more members to represent the Senate and meet with a similar committee of the House. Each conference In order to reconsider the vote on a measure no longer committee shall have equal numbers of members from in possession of the Senate, a motion to recall the each party. At least one member appointed shall measure is in order. Measures originating in either have served on the Senate committee that considered the House or the Senate may be recalled from the the measure. The President may request the Governor at any time prior to signing and filing of the committee chair to designate one of the members. measure by the Governor. A motion to request the return of a measure shall be acted upon immediately 11.10 Authority of Conference Committee. and without debate. (1) The conference committee has authority to CONFERENCE propose amendments only within the scope of the issue between the houses. 11.01 Vote to Concur in Amendments of Other House. (2) The Senate conferees shall meet with the House conferees as soon as is practicable after appointment. (1) Upon return to the Senate of a Senate measure The time and place shall be agreed upon by a majority which has been amended in the House, the vote to of all the conferees. The committee shall immediately concur and repass the measure, or not to concur with notify the President and the Secretary of the Senate the House amendments, shall not be taken before the of the time and place of the meeting. The Secretary of next session day after the message from the House the Senate shall immediately cause notice of the has been read. meeting to be given to the public and posted outside the Senate Chambers. Notice of the meeting shall be (2) A motion to concur and repass the measure, or not announced on the floor, if the Senate is in session. to concur with the House amendments, shall come under the order of business of Propositions and 11.15 Adoption of Conference Committee Motions and is not subject to referral to a committee. Report.

(3) On the motion to concur and repass the measure, (1) If a majority of conference committee members of a roll call vote is required and a constitutional each house agree to an amendment, or otherwise majority (16) is needed for concurrence and resolve the issue between the houses, the report shall repassage, except in the case of a measure requiring be filed with both houses. A majority of conferees an otherwise constitutionally designated majority from each house shall sign the report. A dissenting vote. conferee may indicate that fact when signing the report. (4) On a motion not to concur, the affirmative votes of a majority of the members present is needed. If the (2) No motion is required to adopt the conference motion not to concur is adopted, the President shall committee report if repassage of the measure is not appoint a conference committee. required. When repassage is required, a motion to adopt the conference committee report and repass the (5) If a motion not to concur is defeated, the measure is necessary. A motion shall not be made President shall immediately order a roll call vote on sooner than the next session day after the conference the question of concurrence and repassage of the committee report has been printed and then may be measure. made at any time.

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(3) On the motion to adopt the conference committee sponsor deleted from a printed engrossed or enrolled report and repass the measure, a roll call vote is measure if a sponsor requests in writing to have the required and the affirmative votes of a constitutional name removed because it was placed on the measure majority (16) is needed, except in the case of a by error or because the measure has been so measure requiring an otherwise constitutionally substantially altered that the sponsor can no longer designated majority vote. sponsor it. If the removal is so ordered, the name shall be removed from the list of sponsors at the next (4) If the motion to adopt the conference committee printing of the measure, and from the measure report and repass the measure fails, the President history in the Status Report at the next printing. may appoint another conference committee. (4) If removal of the sponsor's name leaves the (5) On a motion to refuse to adopt the conference measure without sponsorship, the President may committee report, the affirmative vote of a majority of order the name of the committee that reported the those present is needed. If the motion is adopted, the measure to be named as sponsor. President may appoint a conference committee. 12.02 Requester. (6) It shall not be in order to refer, rerefer or amend a conference committee report. (1) Every measure introduced at the request of an individual, organization, state agency, or legislative (7) When the conference committee report concerns a interim committee shall indicate that it is introduced measure that originated in the House, the Senate by request and identify the requester. may take action in accordance with subsections (1) and (2) without waiting for action by the House. (2) When the measure is in the possession of the Senate, the President may order the name of a 11.20 Discharge of Conferees. requester added or deleted from a printed engrossed or enrolled measure if the chief sponsor or the (1) If a majority of conference committee members requester asks in writing to have the name added or cannot agree within a reasonable time, the Senate removed. conferees shall advise the President of their inability to agree with the House conferees and request (3) A requester's name may be removed because it discharge. The President shall then discharge the was placed on the measure by error or because the Senate conferees and may appoint a new conference measure has been so substantially altered that the committee to represent the Senate. requester can no longer support the measure.

(2) If a conference committee does not report within a (4) If the addition or removal is so ordered, the reasonable period of time after its appointment, the requester's name shall also be added or removed from President may discharge the Senate conferees and the measure at the next printing and from the appoint new conference committee members to measure history in the Status Report at the next represent the Senate. printing.

SPONSORSHIP 12.05 Committee Sponsorship.

12.01 Sponsorship. Any measure to be sponsored by a committee must be approved for such sponsorship by a majority of the (1) Every measure introduced in the Senate shall committee members and must be signed by the bear the name of the chief sponsor(s) and shall committee chair. comply with ORS 171.127. INTRODUCTION OF MEASURES (2) Upon written request, filed with the Secretary of the Senate, a member may be added to any measure 13.01 Requirements for Presentation of as a sponsor, after first reading and prior to final Measures for Introduction; Bill backs. consideration. (1) The sponsor of a measure for introduction shall (3) When the measure is in the possession of the present to the Secretary of the Senate one copy of the Senate, the President may order the name of a measure which has a bill back initialed by the SENATE JOURNAL SJ-17 sponsor(s). Such presentation may be made only by a changes in the measure in the same manner as member, authorized staff of a member or, in the case amendments to existing law are shown. of a committee, by the chair or authorized committee staff. The Secretary of the Senate or a person (5) All summaries must comply with ORS 171.134. authorized by the Secretary of the Senate shall, upon request, provide a time-dated receipt to the person 13.05 Deadline on Introductions presenting the measure. No measure shall be accepted by the Secretary of the (2) A copy of the measure designated as the original Senate for introduction in the Senate after 5 p.m. on shall be placed in the original measure folder. Copies the 36th calendar day of the session except: of all amendments and reports, and a record of all actions on the measure shall be maintained with the (1) Measures approved for introduction by the Senate original measure folder. Committee on Rules and Elections and so identified by the initials of the chair on the original copy. (3) Immediately after presentation to the Secretary of the Senate, the measure shall be sent to Legislative (2) Appropriation or fiscal measures sponsored by the Counsel for examination and compliance with the Joint Committee on Ways and Means. “Form and Style Manual for Legislative Measures” and preparation of a copy for the State Printer. No (3) Measures drafted by Legislative Counsel and corrections that might affect the substance of the introduced as provided in Senate Rule 13.15. measure shall be made without the consent of the sponsor of the measure. 13.08 Introduction of Agency Bills.

13.02 Measure Summary. A state agency that did not file a measure prior to the session pursuant to ORS 171.132 may request, in (1) No measure shall be accepted by the Secretary of writing, to have the measure introduced by the Senate for introduction without an impartial submitting the measure to the Senate Committee on summary of the measure's content, describing new Rules and Redistricting. If the committee concludes law and changes in existing law proposed by the that the agency's reason for not filing the measure measure. Any measure presented to the Secretary of under ORS 171.132 is adequate, the committee may the Senate which does not comply with this introduce the measure as a committee bill or with requirement shall be returned to the member or whatever other sponsorship is requested. committee that presented it. 13.10 Legislative Counsel Drafting Services. (2) The summary may be edited by Legislative Counsel and must be printed on the first page of the (1) Between 5 p.m. on the 22nd calendar day of the measure. The summaries of measures may be session and 5 p.m. on the 29th calendar day of the compiled and published by the appropriate legislative session, the Legislative Counsel shall accept only five agency. non-transferable drafting requests from each member. (3) If a material error in a printed summary is brought to the attention of Legislative Counsel, (2) After 5 p.m. on the 29th calendar day of the Counsel shall cause a corrected summary to be session, the Legislative Counsel shall discontinue prepared which shows the changes made in the drafting of all measures except: summary. Changes shall be shown in the same manner as amendments to existing law are shown. (a) Measures approved for drafting by the Counsel shall deliver the corrected summary to the Senate Committee on Rules and Redistricting; Secretary of the Senate. The President may order the corrected summary printed and distributed as (b) Appropriation or fiscal measures approved directed by the Secretary of the Senate. for drafting by the Joint Committee on Ways and Means; or (4) When a measure is amended, Legislative Counsel shall prepare an amended summary. The amended (c) A proposal requested for drafting by a summary may be a part of the printed amendment. member under Senate Rule 13.15. The summary shall be amended to show proposed

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(3) Nothing in this rule prohibits Legislative Counsel house. from providing drafting services for amendments to (3) The President may direct publication of the measures, including substitute measures, at the Status Report on a weekly cumulative basis, with request of a member or a committee. daily supplements reflecting the proceedings of the previous day.

13.11 Confidentiality; Consolidation of 14.03 Senate Records. Requests. (1) As used in this rule, “Senate record” means a (1) A member may designate that a request for measure or amendment of a measure, a document, measure drafting services be treated as confidential book, paper, photograph, sound recording or other in accordance with ORS 173.230. Requests from a material produced by the Senate, a Senate committee committee may not be treated confidentially. or staff member, in connection with the exercise of legislative or investigatory functions, but does not (2) Whenever a request is made for measure drafting include the record of an official act of the Legislative services, Legislative Counsel shall inform the Assembly kept by the Secretary of State under section requester of all nonconfidential requests for similar 2, Article VI of the Oregon Constitution. measures and attempt to consolidate all such requests in one measure. Legislative Counsel shall (2) Subject to the needs of Senate members and also inform requesters of confidential drafts when Senate staff in the performance of official duties, similar but nonconfidential requests are made. This Senate records in the possession of the Senate shall will be done in order to determine whether the be available for public inspection, subject to such requester wishes to consolidate the confidential requirements as may be imposed by the President to request with similar but nonconfidential requests. insure their safety.

13.15 Drafting Requests. (3) Sound recordings shall be made of every floor session of the Senate and be kept in the custody and (1) Every member shall be entitled to not more than control of the Secretary of the Senate. Sound two priority drafting requests of the Legislative recordings shall be made of every committee meeting Counsel. and be kept in the custody and control of the Legislative Administrator. (2) Every measure bearing a priority designation of the Legislative Counsel must be presented to the (4) A Senate committee or Senate staff member Secretary of the Senate for introduction within three having possession of Senate records that are not session days after delivery of the measure to the required for the regular performance of official duties member by the Legislative Counsel. The Secretary of shall, within 10 days after the adjournment sine die the Senate shall not accept any measure showing that of the session, deliver all such Senate records to the it was delivered by Legislative Counsel to the member Legislative Administrator. more than three session days before it is presented to the Secretary of the Senate. (5) Senate records shall not be loaned except to staff of the Legislative Assembly who require access to PUBLICATIONS AND RECORDS such records in the performance of official duties. Arrangements for having records copied may be made 14.01 Journal; Status Report and an appropriate fee to meet costs may be imposed. All monies collected under this rule shall be promptly (1) The Senate shall cause a Journal of its turned over to the Legislative Administrator or proceedings to be maintained. The Journal shall designee. contain a full, true and correct chronological record of all proceedings of the Senate. 14.05 Other Legislative Publications.

(2) The Senate shall cause a Status Report to be (1) Unless otherwise directed by resolution, the composed and printed daily during the regular President is authorized to implement the powers session of the Legislative Assembly. The measures vested in the Senate by ORS 171.206. shall be listed in numerical order and shall contain title, sponsor and a history of actions taken in each (2) All orders for printing and distribution of SENATE JOURNAL SJ-19

publications printed for the Senate, except those publications the printing or distribution of which are (2) As used in this rule “legislative newsletter” and governed specifically by statute or otherwise, shall be “informational material” means material suitable for signed by the President or by a designee. distribution to members of the public informing them of official activities of a legislator or actions occurring 14.10 Distribution of Legislative Publications. before the Legislative Assembly or its committees or affecting its activities when such material is not (1) In implementation of ORS 171.206, and for the campaign material and does not serve partisan proper functioning of the Senate, the Secretary of the political purposes. Senate shall order from the Legislative Administrator a sufficient number of copies of all publications (3) As used in this rule “distributed” means that the printed for either house of the Legislative Assembly. legislative newsletter or informational material has left the possession and control of the member. (2) Unless otherwise directed by joint resolution or otherwise provided under ORS 171.206, 171.236 or OFFICERS; PERSONNEL 182.070, the Legislative Administration Committee shall, upon request, cause to be distributed, without 15.01 Secretary of the Senate; Election and charge, the publications of each session of the Duties. Legislative Assembly to boards of county commissioners, cities, public libraries, law schools in (1) The members shall elect a Secretary of the Senate the state and accredited representatives of the news who shall be considered an officer of the Senate and media as considered appropriate. shall serve at its pleasure until the convening of the next regular session of the Legislative Assembly. In (3) Each member is authorized up to 15 mailings of the event the office becomes vacant at a time when weekly Status Reports, indexes and Legislative the Senate is not in session, the President may Schedules without charge. appoint an acting Secretary of the Senate to serve until the next regular or special session or meeting of (4) Each member is authorized a maximum of 50 the Senate to consider executive appointments, at additional copies of measures without charge. which time the members shall elect a Secretary of the Senate. (5) Mailings of legislative publications requested by members shall not be made to any person who is a (2) Under the direction of the President, the lobbyist, as defined in ORS 171.725. Secretary of the Senate, in addition to performing those duties provided by law or other provisions of 14.20 Legislative Newsletters. these rules, shall:

(1) Each member may issue legislative newsletters or (a) Authorize and supervise the preparation other informational material to constituents. Costs and distribution of all measures, Status Reports, for newsletters and informational material may be Journals and related publications of he Senate. billed to the member’s individual expense account. Such newsletters or other informational material (b) Be responsible for the keeping of the charged in whole or in part against a member’s measures, papers and records of the proceedings and individual expense account may be distributed at any actions of the Senate and have charge of the time during a member’s term with the following publications and distribution of publications related exceptions: thereto.

(a) The period commencing 60 days before the (c) Instruct and supervise staff of Senate primary election until the day following the election if committees in the preparation of official Senate the member is a candidate for election or reelection at records. the primary election. (d) Receipt for documents transmitted to the (b) The period commencing 60 days before the Senate and take receipts from persons, including regular general election until the day following the Senate committees, receiving documents from the election if the member is a candidate for election or Senate. reelection at the general election.

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(e) Serve as parliamentarian for the Senate. persons appointed under subsection (1) (a) of this rule who are paid less than $600 per month shall be (f) Instruct and supervise Senate employees considered to be working less than half time and shall engaged in carrying out the duties described in not be eligible for such benefits. A member shall not paragraphs (a), (b) and (c) herein, and employees, appoint more than two persons eligible for fringe other than members' personal staff, assigned to duties benefits in any month. in or related to the Chamber area. (2) The majority and minoritycaucus leaders may 15.02 Sergeant at Arms; Appointment and each appoint such staff as is necessary to conduct the Duties. business of the caucus as provided in the current Legislative Assembly budget. (1) The Secretary of the Senate, in consultation with the President, shall appoint a Sergeant at Arms. (3) The President, in consultation with the President pro tempore, may appoint such staff as is necessary to (2) Under direction of the President, the Sergeant at perform the duties of the offices of the President and Arms, assisted by the Capitol Executive Security President pro tempore or to assist the Senate. when directed by the President, shall maintain order in the chamber and other areas assigned to the (4) In consultation with each committee chair, the Senate, execute all processes issued by authority of President may appoint a committee administrator the Senate or any of its committees, and perform such and committee assistant to conduct the business of other duties as the President may direct. The the committee and in accordance with the current Sergeant at Arms shall permit such ingress and Legislative Administration budget, may appoint other egress to the chamber during sessions as may be personnel as determined necessary for the proper directed by the President or allowed by the rules. operation of the committee.

15.04 Senate Desk and Floor Personnel. (5) Employees of the Senate serve at the pleasure of the appointing authority and shall be appointed or (1) The Secretary of the Senate, in consultation with dismissed by written notice thereof to the Legislative the President and President pro tempore of the Administrator. Senate, shall appoint Senate desk staff, floor personnel and receptionists as necessary to conduct (6) The time of service for all employees begins on the the business of the Senate and in accordance with the date contained in their letter of appointment, which current Legislative Assembly budget. shall be filed with the Legislative Administrator's office. (2) Personnel assigned to the Senate Desk and the Senate floor, including receptionists shall perform (7) To maintain professionalism in the legislative duties as directed by the Secretary of the Senate and process, dress code policies may be established for the President. positions which support decorum and protocol of the Senate. 15.05 Other Personnel. 15.10 Salaries. (1) (a) Subject to the provisions of this rule, a member may appoint personal staff for the session All salaries for Senate employees shall be fixed by the or the interim or both, according to the allowance Per Diem Committee and reported to the Senate. provided in the current Legislative Assembly budget. 15.20 Expense Allowance. (b) A member shall establish salaries payable to persons appointed under subsection (1) (a) of this Each member has an allowance of $26,083 27,439 rule. If a member has a balance in his/her staff during the regular session for personal staff as allowance account at adjournment sine die of the defined in Senate Rule 15.05, services and supplies as regular session, the member may use the balance defined in Senate Rule 16.01, and legislative during the interim for personnel or for legislative newsletters as defined in Senate Rule 14.20. newsletters or other informational material. SERVICES AND SUPPLIES (c) For purposes of computing fringe benefits, SENATE JOURNAL SJ-21

16.01 Office Supplies, Stationery and (c) Copying, facsimile charges Equipment. (d) Newsletter printing, postage and labels (1) The Legislative Administrator shall issue office supplies directly to Senate members and staff in (e) Interim staff. accordance with the Rules of the Senate and policies of the Legislative Administration Committee. (f) Any other service or supply authorized by Members and staff shall comply with ORS 171.136. the Senate President.

(2) New members will receive a one-time allowance of (7) Any member who spends in excess of the $200 for start-up expenses. The costs of requisitioned allowance provided under these rules shall reimburse services and supplies shall be charged against the the Legislative Assembly for the overdraft. member's individual services and supplies account. Weekly reports of the status of the member’s services 16.02 Assembly Transition and supplies accounts shall be provided to each member. Those members not returning to serve in the next regular legislative session shall have until December (3) Services and supplies that may be obtained under 1 of the even-numbered year to vacate their office this rule include: space in the State Capitol.

(a) Postage (all classes) 16.05 Requests for Attorney General Opinions.

(b) Subscriptions to newspapers and periodicals Requests for opinions from the Attorney General require approval of the President as a necessary (c) Out-of-state telephone toll charges condition for authorizing payment from legislative funds. This rule takes precedence over subsection (2) (d) Office supplies of ORS 180.060. Legislative Counsel shall provide legal advice and opinions to the members of the (e) Copying, facsimile charges Senate without prior approval of the President.

(f) Newsletter printing, postage and labels PRIVILEGES

(g) Any other service or supply authorized by 17.01 Floor Privileges. the President. (1) When the Senate is in session, no person shall be (4) All orders for stationery and printing may be permitted within the bar except: placed with the Secretary of the Senate. (a) Members of the Senate; (5) Each member's office in the Capitol Building and committee office in the Capitol Building shall be (b) Desk and floor personnel of the Senate; provided with office furniture and equipment necessary to assist in the conduct of Senate business. (c) Members of the House of Representatives; Requests for additional furniture or equipment shall be placed with the President. (d) Accredited representatives of the news media; (6) Any amount remaining unexpended or unobligated in the member's individual services and (e) One member of the staff of the majority supplies account upon adjournment sine die of the office and the minority office; and regular session may be used during the interim for the following: (f) One member of a Senator's personal staff or a member of the staff of a Senate standing committee, (a) Postage (all classes) statutory committee, special committee, the majority office minority office may beseated at a member's (b) Office supplies desk. Additional Senate staff members are permitted on the side aisles.

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attending the session as a lobbyist, as defined in ORS (2) Courtesies of the floor may be extended only to 171.125, shall not be entitled to accreditation or the special dignitaries, former members of the Legislative privileges of the floor. Assembly and members of the family of a member to whom courtesies of the floor have been extended. (3) Accredited representatives of the news media may However, courtesies shall not be extended to any use still cameras on the side aisles. The use of motion former member who is a lobbyist. picture or television cameras in the Chamber, or still cameras within the bar, may be permitted by the (3) No person who is a lobbyist as defined in ORS President. The Secretary of the Senate shall provide 171.725 shall be permitted in the Senate Chamber adequate camera locations for accredited area during its daily session. Any person representatives of the news media in the Senate transgressing this subsection shall be removed from gallery. Personnel of Legislative Media Services are the Chamber and shall be subject to the penalties subject to this rule. provided by law for violation of lobbying regulations. 17.03 Distribution of Materials on Floor. (4) Admission to the side aisles beyond the bar shall be reserved for the families and guests of members of (1) No materials on any measure which is on the the Senate, local and state-elected officials and such third reading calendar or on the agenda may be other persons as may be authorized by the President. distributed on the floor except materials prepared for, However, the privilege shall not be granted to any or by, a member of the Senate. person actively engaged in seeking the passage or defeat of any measure, except during consideration of (2) No anonymous material shall be distributed to Concurrent Resolutions as may be authorized by the members on the floor at any time. A copy of any President. material distributed to members' desks must be filed with the Secretary of the Senate prior to distribution. (5) No food, beverage or smoking is permitted on the side aisles or within the bar. (3) Nothing in the rule prohibits a member from requesting and receiving specific material delivered (6) While the Senate is in daily session, the center by legislative staff. aisle of the floor shall be kept clear of all persons, except members and the Secretary of the Senate or (4) The Sergeant at Arms shall enforce this rule. someone acting under the direction of the Secretary of the Senate and conducting the business of the Senate. 17.05 Lounge Privileges. Access to the Chamber during a daily session shall be by the side doors and side aisles. The lounge is for the convenience of Senators. Supervision, operation and use of the Senate Lounge (7) Beginning 15 minutes before the opening of each shall be directed through agreement of the Majority session and ending 15 minutes after the session, no Leader and the Minority LeaderCaucus Leaders. person shall be permitted in the Chamber area except those authorized to be in the Chamber under this IMPROPER CONDUCT rule. 18.01 Work Environment. 17.02 Accreditation of News Media. (1) The Senate is committed to providing a work (1) As used in these rules, “accredited environment free from improper conduct, which representatives of the news media” means bona fide includes any conduct, including workplace representatives of publications of general circulation harassment that discredits the integrity of the and of news wire services and bona fide Senate. representatives of radio and television facilities. (2) "Workplace harassment" means treatment or (2) In order to obtain accreditation, representatives of behavior that to a reasonable person creates an the news media shall register in the office of the intimidating, hostile or abusive work environment, President, indicating the publication, news wire and includes violent acts for which employers could be service, radio or television station represented. held liable. Harassment may be based on a person’s However, any representative of a news media who is sex, race, religion, age, disability, national origin or SENATE JOURNAL SJ-23 status as a member of a protected class. staff includes legislative assistants, secretaries, interns, volunteers and other staff working in the (3) (a) “Sexual harassment” means unwelcome sexual offices of individual members, the President's office advances, requests for sexual favors and other verbal and the majority and minority offices. or physical conduct of a sexual nature when: 18.03 Notice. (A) A person says or suggests that declining to submit to the conduct will affect a person’s job, (1) When a legislative session commences, the benefits or business before the Legislative Assembly; President shall give the following notice to all Senate members and Senate employees: (B) A person uses submission to or rejection of the conduct as the basis for decisions affecting (2) If you believe you have been a victim of improper another person’s employment; or conduct, you have options. You can tell the offender about the action that disturbed you and ask the (C) The conduct has the purpose or effect of offender to stop. You can communicate with the unreasonably interfering with a person's performance offender in person or in writing. You may also use the or creating an intimidating, hostile or offensive informal or formal procedures established by the environment in which the person works. Rules of the Senate as set forth in 18.05 and 18.06 to pursue a complaint of improper conduct if you: (b) "Sexual harassment" includes the following conduct: (a) Do not want to confront the offender directly; (A) Verbal abuse of a sexual nature; (b) Have talked to the offender and the (B) Graphic comment about a person's body or offensive behavior has not stopped; or attire; (c) Believe your complaint has resulted in (C) Touching of a sexual nature; retaliation.

(D) Sexual advances and propositions; In addition, you have the right to file a complaint with administrative agencies and the courts. (E) Sexually degrading words used to describe a person; (3) Notice of the Senate policy shall be posted in all work areas. (F) Display in the workplace of any sexually suggestive object or picture; and 18.04 Special Committee on Conduct.

(G) Any threat or insinuation that a person's (1) The President shall appoint members of the refusal to submit to a sexual advance will adversely majority and minorityeach parties party in equal affect that person's employment, evaluation, wages, numbers to the Special Committee on Conduct for the duties, work shifts or any other condition of purpose of handling the formal procedure set forth in employment or business before the Legislative Rules 18.06 to 18.09. The chair shall be a member of Assembly. the majority party and the vice chair shall be a member of the minority partyand vice chair shall be (4) A supervisor engages in improper conduct by from different parties. failing to take appropriate action when the supervisor knows or should have known that improper conduct is (2) The committee shall adopt rules as necessary, or was occurring. including rules to govern the nature and scope of any investigation conducted pursuant to the Senate rules 18.02 Scope. on improper conduct.

The Senate rules on improper conduct apply to 18.05 Informal Procedure. complaints brought against Senate members, Senate employees, Senate caucus employees, lobbyists or the Persons who believe they have been subjected to personal staff of a Senate member. Senate personal improper conduct may simply want the improper

SJ-24 SENATE JOURNAL conduct to end; they may not want to go through a intermediary against any tort claim or demand formal or legal procedure. The following informal arising out of an alleged act or omission occurring in procedure addresses this need. However, a person the performance of duty under these rules. making a complaint need not use this informal procedure before filing a formal complaint with the 18.06 Formal Procedure. Senate, administrative agency or court. The informal and formal procedures in the Senate rules on A person may file a formal written complaint instead improper conduct are optional; a person may or may of participating in the informal complaint procedure not use them. described in Rule 18.05, or may file a formal written complaint if, after participating in the informal (1) The person making the complaint must submit procedure, the person is not satisfied with its the complaint to an intermediary designated resolution. The formal complaint procedure shall pursuant to subsection (5) of this rule within 30 days consist of the following steps: of the improper conduct. (1) During a legislative session, the person must file (2) The intermediary has two roles. First, the a formal written complaint with the Majority and intermediary ensures that the person making the Minority Caucus Leaders. If the person filing the complaint has a safe and nonhostile work complaint agrees, the Majority and MinorityCaucus environment. The President or the Secretary of the Leaders may work to resolve the complaint Senate shall assist the intermediary in making the informally. However, if there is no informal appropriate arrangements. Second, the intermediary resolution, the formal written complaint shall be filed listens, answers questions and explains options. The by the Majority and MinorityCaucus Leaders with intermediary is not an advocate but a mediator who, Legislative Counsel within seven days of the with the permission of the person making the determination that there is no consent or no complaint, may explore various paths to resolution. resolution. During the interim between legislative An intermediary does not have authority to impose sessions, the person must file a formal written disciplinary action. complaint with the Legislative Counsel.

(3) The identities of the parties to the informal (2) The person must file the formal written complaint procedure shall be confidential. Any records related to within 30 days of the improper conduct or, if the the informal procedure shall be exempt from public person has timely begun an informal procedure, disclosure under the provisions of ORS 192.501 and within 14 days of the end of the informal procedure. 192.502 without regard to the public’s interest in their disclosure. Confidentiality shall extend until (3) Upon receipt of a complaint, the Majority and such time as a formal written complaint, if any, is MinorityCaucus Leaders shall: filed with the Legislative Counsel as provided in Rule 18.06. (a) Provide the person filing the complaint with a safe and nonhostile work environment with a (4) After meeting with an intermediary, the person comparable work assignment; and making the complaint may decide to take further action and institute formal complaint procedures. (b) Notify the accused of the complaint, the name of the person making the complaint and the (5) The Majority and MinorityCaucus Leaders shall nature of the complaint. designate as intermediaries a reasonable number of Senate members and staff of the Senate, including (4) After the filing of a formal written complaint with the Secretary, the Legislative Administrator and the Legislative Counsel, the Majority and Minority Employee Services Manager. A description of the Caucus Leaders shall appoint an investigator who is function of the intermediary shall be prepared by the not an employee of the Legislative Assembly and who Legislative Administrator and approved by the is experienced in investigating complaints of improper Special Committee on Conduct. Designated conduct of the type alleged. If the respondent is either intermediaries shall be identified by name, with the Majority or MinorityCaucus Leader, or the contact telephone number and office location, and a Majority and Minority Caucus Leaders are unable to list of the designated intermediaries shall be given to agree on appointing an investigator within 10 days of all Senate members and Senate employees. The the filing of the complaint, Legislative Counsel shall Senate shall save harmless and indemnify any appoint the independent investigator. SENATE JOURNAL SJ-25

its hearing and make its recommendations within 60 (5) The investigator shall conduct an investigation days of the filing of the formal written complaint with and, within 14 days after being appointed, present Legislative Counsel. findings of fact and recommendations to the President, President pro tempore and the Majority (2) At the hearing, only the members of the and MinorityCaucus Leaders, the person filing the committee may ask questions of witnesses. The complaint, the person who is the subject of the person who filed the complaint and the person who is complaint and the members of the Special Committee the subject of the complaint, or a representative of on Conduct. either of them, shall be allowed to present evidence to the committee by suggesting witnesses and (6) If the person accused of improper conduct is a the documents to be presented to the committee and by Majority or MinorityCaucus Leader, the obligations of suggesting questions that the committee may address the Majority or Minoritythat Caucus Leader under to the witnesses. Questions by committee members this rule shall be assumed by the President or must be those that a court of law would deem President pro tempore, whichever is of the same party relevant to a civil action involving the same conduct. as the accused caucus leader. (3) Audio recordings of the committee hearing shall 18.07 Time Limits. be made by committee staff and shall be made available on an expedited basis to the person filing (1) The Special Committee on Conduct has the complaint and to the person who is the subject of jurisdiction over conduct occurring from 30 days the complaint. No television equipment or tape before the convening of a regular session of the recording devices other than those used for official Legislative Assembly to adjournment sine die. committee recording shall be permitted at the However, if the complaint is filed less than 10 days hearing. before adjournment, the President may refer the complaint to an interim committee on conduct. (4) If the person filing the complaint or the person who is the subject of the complaint disagrees with the (2) If a person files a formal complaint with recommendations of the Special Committee on Legislative Counsel during the interim between Conduct, either person may request that the legislative sessions as provided in Rule 18.06, the committee review the recommendations. The request President may appoint an interim committee on must be made in writing within 10 days after conduct for the sole purpose of hearing that receiving written notice of the committee's action. The complaint. committee must complete the review not later than 10 days after receiving the request. (3) Neither committee shall have jurisdiction over any complaint that is: 18.09 Sanctions.

(a) Based on conduct that occurred before the (1) (a) Any sanction the Special Committee on effective date of these Senate rules on improper Conduct recommends must be proportionate conduct; or to the seriousness of the offense.

(b) Filed after the deadline prescribed by Rule (b) For Senate personal staff, recommended 18.06. sanctions may include reprimand, suspension or termination. The supervising Senate member must 18.08 Hearing. impose the sanction recommended for personal staff.

(1) Upon receipt of the formal written complaint and (c) For Senate members, recommended the investigator's report, the Special Committee on sanctions may include reprimand, censure or Conduct shall schedule a public hearing on the expulsion. complaint. The committee shall notify the Majority and MinorityCaucus Leaders, the President, the (d) The President must impose any sanction person filing the complaint and the person who is the recommended against persons other than Senate subject of the complaint of the hearing date, which personal staff and members. Recommended sanctions shall be not sooner than 14 days after receipt of the may include, as appropriate, reprimand, censure or complaint and report. The committee must complete exclusion from part or all of the Senate.

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Article III of the Oregon Constitution, shall appear (2) If the committee recommends no action, the before the appropriate Senate committee prior to formal procedure is concluded and the complaint shall confirmation by the Senate. be considered dismissed. 19.35 Committee Action. (3) Any recommended sanction resulting from a formal complaint against a Senate member must be (1) The committee may, after public hearing, take recommended to the floor by the Special Committee action on the appointment and promptly file the on Conduct. Any formal sanctions recommended report with the Secretary of the Senate. On final against a Senate member must be referred to the floor action the committee shall recommend that: for approval by a two-thirds majority vote of the Senate before final action is taken against a Senate (a) the Senate confirm; member. (b) the Senate refuse to confirm; or (4) The person who filed the complaint may determine that no further action is necessary but is (c) the appointment be reported to the Senate not precluded from pursuing other appropriate without recommendation. remedies, including court action. 19.40 Additional Time for Consideration. 18.10 Malicious or Frivolous Claims. (1) If any appointment submitted by the Governor If, after a hearing, the Special Committee on Conduct and subject to Senate confirmation, is submitted too determines that a complaint of improper conduct is late for the Senate to review the recommendation of frivolous, the person filing the complaint shall be the committee or otherwise consider the appointment, subject to appropriate disciplinary action, including that appointment shall be carried over to the next the sanctions set forth in Rule 18.09. A complaint is convening of the Senate as required by section 4, frivolous only if the complaint was not grounded in Article III of the Oregon Constitution and ORS fact or warranted by existing law, or was brought 171.562 and 171.565. forward solely to harass the accused person or to interfere with the work of the Senate. (2) The proposed appointment shall not be considered rejected, or confirmation denied, if the appointment is 18.11 Retaliation Prohibited. carried over. The action of carrying over consideration of the appointment shall be duly Retaliatory action against any person who recorded in the Journal. participates in any activity authorized or directed by Senate rules is prohibited and constitutes improper 19.55 Consideration of Committee Reports. conduct within the meaning of Rule 18.01. (1) Action on a committee report recommending EXECUTIVE APPOINTMENTS Senate confirmation shall be placed on the calendar for the session day immediately following reading or 19.10 Referral to Committee. distribution of the report.

Following reading of the message from the Governor (2) If the committee recommendation is to refuse to appointing a person to a position or office requiring confirm or no recommendation, action on the report confirmation by the Senate, the President shall refer shall take place on the second session day after the the appointment to an appropriate standing or special session day the report is read or distributed. committee and may refer it to not more than one additional committeethe committee on Rules. The (3) The vote on confirmation shall be taken by roll committee shall consider the appointment as soon as call. The affirmative vote of a Constitutional majority practicable. (16) is necessary for confirmation.

19.20 Committee Review of Appointees. 19.60 Confirmation en bloc.

All persons initially appointed to boards, commissions (1) If a committee reports on nominees en bloc, the or agencies, subject to the provisions of section 4, report shall be placed on the calendar for SENATE JOURNAL SJ-27 confirmation the next session day after reading or the co-chair and vice chair cannot agree on the distribution of the list of appointments. referral of a Senate measure, the President may refer the measure to a subcommittee. (2) When there is more than one appointee to an individual board, commission or agency, a motion to II. Committee on Rules. confirm en bloc, when recommended by the committee, shall be in order. (1) The caucus leaders shall be co-chairs of the Committee on Rules. Each caucus shall select a vice (3) Any member may require a separate vote by chair to be appointed to the committee. requesting that an appointee be considered separately. The request shall be submitted in writing (2) The committee shall consist of six members to the Secretary of the Senate one hour before the with equal numbers from each party. session on the day that the confirmation is on the calendar. The request will be announced at the (3) (a) The co-chairs shall act together to set the appropriate time and the appointee considered committee’s agendas. separately from the en bloc vote. (b) Notwithstanding paragraph (a) of this MEMORANDUM OF UNDERSTANDING subsection, either co-chair may schedule a public hearing or work session on any measure that the 20.01 Memorandum of Understanding President has referred to the committee.

I. Joint Committee on Ways and Means. (4) Final action on a measure or appointment shall be taken only on an affirmative vote of a (1) The Senate co-chair of the Joint Committee on majority of the members of the committee. Ways and Means shall be from one political party and the Senate vice chair of the committee shall be from (5) The President shall refer the sine die the other political party. resolution to the Committee on Rules.

(2) The committee shall consist of 10 members (6) Referral of a measure requires the agreement with equal numbers from each party. of the President and President pro tempore. However, if the President and President pro tempore cannot (3) A member of the committee may not serve on agree on the referral of a measure, the President shall a standing committee. refer the measure to the Committee on Rules. By an affirmative vote of a majority of the committee, the (4) In the event of a tie vote of the Senate committee may refer a measure to the President’s members of the committee, the President may vote as desk for referral to a specific committee. The a member of the committee. President shall comply with the committee’s referral.

(5) The Senate vice chair shall participate in the III. President Pro Tempore. preparation of the Senate co-chair’s budget. (1) The President pro tempore shall be a Senate (6) The Legislative Fiscal Officer shall provide all liaison with the executive department of state information requested by the Senate vice chair. government.

(7) A subcommittee of which a Senator is chair (2) The President shall transfer one budgeted shall consist of four members with equal numbers policy analyst position from the President’s staff to from each party. the staff of the President Pro Tempore. The President Pro Tempore may select the individual to fill the (8) In the event of a tie vote of the members of a position. The memorandum of understanding supplements these rules and supersedes a rule that is inconsistent IV. Committees Generally. with the memorandum. (1) Senate members of a standing or statutory (9) The Senate co-chair shall refer measures to committee shall be in equal numbers from each party. subcommittees in consultation with the vice chair. If

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(2) The President may not change the Subcommittee membership of a standing committee or remove a Chair: Sen. Ken Messerle chair or vice chair without agreement of the caucus leaders. (B) Human Resources Subcommittee Chair: Sen. Jackie Winters (3) If a member of one political party is the chair of a standing committee, the vice chair of that (C) Transportation and Economic committee shall be from the other political party. Development Subcommittee Chair: Sen. Gary George (4) The chairs and vice chairs of the standing committees of the Senate shall be as follows: (k) Water and Land Use Chair: Sen. Ted Ferrioli (a) Agriculture and Natural Resources Vice Chair: Sen. Charlie Ringo Chair: Sen. Frank Shields Vice Chair: Sen. Roger Beyer (l) Transportation and Economic Development Chair: Sen. Rick Metsger (b) Business and Labor Vice Chair: Sen. Bruce Starr Chair: Sen. David Nelson Vice Chair: Sen. Vicki Walker (5) Membership of the standing committees of the Senate is as set forth on Attachment A to this (c) Education memorandum. Chair: Sen. Charles Starr Vice Chair: Sen. Ryan Deckert V. Deadline.

(d) General Government If the parties have not completed Attachment A Chair: Sen. Tony Corcoran within seven calendar days of the date of this Vice Chair: Sen. John Minnis memorandum, this memorandum, rules adopted by the Senate of the Seventy-second Legislative (e) Health Policy Assembly and any agreements that the memorandum Chair: Sen. Bill Morrisette expresses are void and of no effect. Vice Chair: Sen. Bill Fisher

(f) Human Resources Dated this 14th day of January, 2003. Chair: Sen. Bill Fisher Vice Chair: Sen. Bill Morrisette Signed,

(g) Judiciary Roger Beyer Lenn Hannon Chair: Sen. John Minnis Kate Brown John Minnis Vice Chair: Sen. Ginny Burdick Ginny Burdick David Nelson Peter Courtney Jackie Winters (h) Rules Beverly Clarno Co-Chair: Sen. Kate Brown Co-Chair: Sen. Beverly Clarno ATTACHMENT A – MEMORANDUM OF Vice Chair: Sen. Ginny Burdick UNDERSTANDING Vice Chair: Sen. Jason Atkinson Agriculture and Natural Resources (i) Revenue Senator Frank Shields, Chair Chair: Sen. Ryan Deckert Senator Roger Beyer, Vice-Chair Vice Chair: Sen. Ted Ferrioli Senator Tony Corcoran Senator Bill Fisher (j) Joint Ways and Means Co-Chair: Sen. Kurt Schrader Business and Labor Vice Chair: Sen. Steve Harper Senator David Nelson, Chair Senator Vicki Walker, Vice-Chair (A) Agriculture and Natural Resources Senator Roger Beyer Senator Rick Metsger SENATE JOURNAL SJ-29

Senator Ryan Deckert Education Senator David Nelson Senator Charles Starr, Chair Senator Ryan Deckert, Vice-Chair Water and Land Use Senator Ted Ferrioli Senator Ted Ferrioli, Chair Senator Bill Morrisette Senator Charlie Ringo, Vice-Chair Senator Jason Atkinson General Government Senator Rick Metsger Senator Tony Corcoran, Chair Senator John Minnis, Vice-Chair Joint Ways and Means Senator Bruce Starr Senator Kurt Schrader, Co-Chair Senator Vicki Walker Senator Steve Harper, Vice-Chair Senator Margaret Carter Health Policy Senator Richard Devlin Senator Bill Morrisette, Chair Senator Joan Dukes Senator Bill Fisher, Vice-Chair Senator Gary George Senator John Minnis Senator Avel Gordly Senator Frank Shields Senator Ken Messerle Senator Charles Starr Senator Frank Morse Senator Vicki Walker Senator Jackie Winters

Human Resources Ways and Means Education Subcommittee Senator Bill Fisher, Chair Senator Avel Gordly Senator Bill Morrisette, Vice-Chair Senator Ken Messerle Senator Kate Brown Senator Ginny Burdick Ways and Means General Government Subcommittee Senator Beverly Clarno Senator Richard Devlin Senator Charles Starr Senator Jackie Winters

Judiciary Ways and Means Human Resources Subcommittee Senator John Minnis, Chair Senator Jackie Winters, Chair Senator Ginny Burdick, Vice-Chair Senator Margaret Carter Senator Ted Ferrioli Senator Avel Gordly Senator Charlie Ringo Senator Frank Morse Senator Charles Starr Senator Vicki Walker Ways and Means Natural Resources Subcommittee Senator Ken Messerle, Chair Revenue Senator Joan Dukes Senator Ryan Deckert, Chair Senator Ted Ferrioli, Vice-Chair Ways and Means Public Safety/Regulation Senator Tony Corcoran Subcommittee Senator Lenn Hannon Senator Richard Devlin Senator Charlie Ringo Senator Gary George Senator Bruce Starr Ways and Means Transportation and Economic Rules Development Subcommittee Senator Kate Brown, Co-Chair Senator Gary George, Chair Senator Beverly Clarno, Co-Chair Senator Margaret Carter Senator Jason Atkinson, Vice-Chair Senator Joan Dukes Senator Ginny Burdick, Vice-Chair Senator Frank Morse Senator Roger Beyer Senator Tony Corcoran Appendix A

Transportation and Economic Development INTERIM RULES OF THE SENATE Senator Rick Metsger, Chair Seventy-first second Legislative Assembly Senator Bruce Starr, Vice-Chair

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202.01 Use of Mason's Manual of Legislative (c) Invocation Procedure. (d) Courtesies of the Senate Mason's Manual of Legislative Procedure shall apply to cases not provided for in these Interim Rules, the (e) Remonstrances Rules of the Senate or otherwise covered by the Oregon Constitution, statute or custom. (f) Reports from standing committees

203.05 Session Hour; Deliberations Open. (g) Reports from special committees

(1) The Senate shall meet at the call of the President, (h) Propositions and motions or when requested by a Constitutional majority (16) of the members. (i) Action on Executive Appointments requiring Senate confirmation (2) All deliberations of the Senate and its committees shall be open to the public. However, nothing in this (j) Reading of Senate petitions, memorials and provision limits the procedures used for a Call of the resolutions Senate. This provision does not prohibit clearing the gallery in the event of a disturbance, during which (k) Other business of the Senate time the Senate shall be in recess. (l) Announcements 203.11 Interim Meetings. (2) Messages from the Governor may be read at any When the full Senate meets to consider executive time. Courtesies may be extended at any time. appointments and other interim business, it shall not be considered to be in regular or special legislative (3) Questions relating to the priority of business shall session or meeting as a committee of the whole. be decided without debate.

VOTING (4) The general order of business shall not be varied except upon suspension of the rules. However, any 203.15 Roll Call. subject before the Senate may be made a special order of business by the vote of a majority of the members (1) A roll call vote of “ayes” and “nays” shall be taken. present. When the appropriate time for consideration of the subject arrives, the Senate shall take up the (2) Upon the demand of two members, a roll call vote subject. shall be taken and recorded on any question. PRESIDING OFFICER (3) If the presiding officer is in doubt on an oral vote, the presiding officer shall order a roll call vote. 207.01 Presiding Officer; Other Officers.

(4) The affirmative vote of a Constitutional majority The officers of the Senate, during the interim, shall be (16) is necessary for Senate confirmation of Executive those elected by the Senate for the 71st 72nd Appointments. Legislative Assembly, under Senate Rules 7.01 and 15.01. ORDER OF BUSINESS COMMITTEES 204.01 Order of Business. 208.01 Names of Committees. (1) The general order of business shall be: (1) The following shall be the interim standing (a) Roll Call committees of the Senate:

(b) Honors to the Colors and the Pledge of (a) Committee on Rules and Executive Allegiance Appointments

SENATE JOURNAL SJ-31

(b) Committee on Conduct (d) Report that no final action was taken and (2) The committee on Rules and Executive that the appointment shall be carried over. Appointments shall have at least fivefour, but not more than 11 12 members. The number of members (2) The committee may include material in its report must be an equaleven number and shall represent that the committee deems appropriate. proportionally the makeup of the political parties of the full Senate. have an equal number of members 209.40 Additional Time for Consideration. from each party.an odd number. (1) If any appointment submitted by the Governor (3) The makeup of all interim committees shall have and subject to Senate confirmation, does not receive an even number of members from each party. final action by the committee, the appointment shall be carried over to the next convening of the Senate or (3)(4) The President may appoint special committees. shall be considered at the next special session. Referral of executive appointments to special committees requires approval of a majority of the (2) The proposed appointment shall not be considered members of the Senate. rejected or confirmation denied if the appointment is carried over. The action of carrying over EXECUTIVE APPOINTMENTS consideration of the appointment shall be recorded in the Journal. 209.15 Transmittal of Executive Appointments. 209.45 Dissents. (1) Upon receipt of a message from the Governor appointing a person to a position or office requiring Upon request, any member of the committee who the confirmation by the Senate, the Secretary of the dissents from the committee recommendation shall be Senate shall transmit the message to the chair of the listed in the committee report as not concurring Rules and Executive Appointments Committee. therein. The names of the members not concurring shall be recorded in the Journal and Status Report. (2) A summary list of executive appointments received by the Secretary of the Senate and ACTION ON COMMITTEE REPORTS transmitted to committee shall be distributed to members at least 72 hours in advance of the 209.50 Reading of Committee Reports. scheduled convening of the Senate. At the discretion of the President, committee reports 209.20 Committee Review of Appointees. at the Senate Desk may be either read or announced under the proper order of business. If reports are The chair of the Executive Appointments Committee, announced, the Secretary of the Senate shall with the consent of the President of the Senate and a distribute to the members' desks a Status Report with majority of the committee members, may waive the pertinent information included. Committee appearance before the committee of persons reports shall be recorded in the Journal. appointed by the Governor. 209.55 Consideration of Committee Reports. 209.35 Committee Action Required. (1) Reports from committees shall be considered in (1) The committee shall, after public hearing, take appropriate order at the next convening of the Senate. action on the appointment and promptly file its report The Status Report for such meeting shall be delivered with the Secretary of the Senate. The committee to each Senator at least 72 hours prior to the shall recommend that: convening of the Senate.

(a) The Senate confirm; (2) The vote on confirmation shall be taken by roll call. The affirmative vote of a Constitutional majority (b) The Senate refuse to confirm; (16) is necessary for confirmation.

(c) Report the appointment to the Senate 209.60 Confirmation en bloc. without recommendation; or

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(1) When there is more than one appointee to an (4) A motion to reconsider may be debated together individual board, commission, or agency, a motion to with the main question, providing the subject of the confirm en bloc, when recommended by the main question is debatable. There shall be only one committee, shall be in order. Individuals whose reconsideration of any final vote, even though this appearance before the committee has been waived action may reverse the previous action. under Senate Interim Rule 209.20, may be considered en bloc upon recommendation of the committee. (5) The affirmative vote of a Constitutional majority (16) is required to adopt a motion to reconsider the (2) Any member may require a separate vote by vote. requesting that an appointee be considered separately. The request shall be submitted in writing PRESESSION FILING to the Senate Desk one hour before the session on the day that the confirmation is on the calendar. The 213.06 Presession Filing. request shall be announced at the appropriate time and the appointee separated from the en bloc vote. Presession filing and printing of measures shall be in accordance with the rules and practices of the 209.65 Withdrawing Appointment from preceding sessions, customs of the Senate, and Committee. statutes. Members, members-elect, and committees may not request drafting services from the Legislative (1) An appointment by the Governor requiring Counsel for an agency or officer of the executive or Senate confirmation, may be withdrawn from a judicial departments unless the agency or officer has committee by a motion to withdraw the appointment. arranged to pay any charge the Legislative Counsel The motion requires a Constitutional majority (16) for imposes under ORS 173.130. adoption. 213.07 Measure Drafting and Filing by the (2) The effect of withdrawal shall be the same as if Executive and Judicial Branches of State the committee had reported the appointment to the Government. Senate without recommendation. (1) The Executive Department, administrative (3) A motion to withdraw shall not be in order if the agencies, boards and commissions, and the Judicial committee has been granted additional time to Branch, shall have all measures for presession filing consider the appointment pursuant to Interim Rule with the Senate drafted by Legislative Counsel. 209.40. (2) All presession filing requests shall be submitted RECONSIDERATION in the manner prescribed by the Secretary of the Senate and shall include, but not be limited to: 210.01 Reconsideration of Executive Appointments. (a) One backed copy of the proposed measure;

(1) When an executive appointment has been (b) Measure Summary; confirmed, or the Senate has refused to confirm, it shall be in order for any member voting on the (c) Agency name; prevailing side to move for reconsideration of the vote. A motion for reconsideration is not in order on a vote (d) Signature of agency director or designee; which indefinitely postponed an appointment. and

(2) Notice of intent to move for reconsideration must (e) Contact person and telephone number. be given orally by the member who intends to move the motion. (3) All presession filed drafts must be submitted to the Secretary of the Senate by 5:00 p.m. on December (3) The motion to reconsider shall be moved and 15 of the even numbered years. If the 15th falls on a voted upon before final adjournment of the Senate weekend, the following Monday shall apply. meeting during which the vote being reconsidered was taken. 213.09 Measure Drafting and Filing by Statutory Committees, Interim Committees and SENATE JOURNAL SJ-33

Task Forces of the Legislative Assembly. (1) A presession filed measure may be introduced by (1) All measures for presession filing must be drafted order of the President. The measure shall bear a by Legislative Counsel. statement that introduction is by order of the President and by request. The measure must identify (2) All presession filing requests shall be submitted the sponsor and indicate neither advocacy nor in the manner prescribed by the Secretary of the opposition on the part of the President. Senate and shall include, but not be limited to: (2) The measure must be filed in conformance with (a) One backed copy of the proposed measure; Interim Rules 213.07, 213.09, 213.15.

(b) Measure Summary; 213.30 Confidentiality; Consolidation of Requests. (c) Name of committee or task force; (1) A requester may designate that a request for a (d) Signature of Committee Chair; and Legislative Counsel draft be considered confidential in accordance with ORS 173.230. Requests from a (e) Contact person and telephone number. legislative committee shall not be treated confidentially. (3) All presession filed drafts must be submitted to the Secretary of the Senate by 5:00 p.m. on December (2) When a request is made for measure drafting 31 of the even numbered years. If the 31st falls on a services, Legislative Counsel shall inform the weekend, the following Monday shall apply. requester of all nonconfidential requests of a similar nature previously submitted. An attempt shall be 213.15 Measure Drafting and Presession Filing made to consolidate all such requests in one measure. by Members Who Will Serve in the Session and Newly Elected Statewide Officials. PUBLICATIONS

(1) Drafting requests may be filed after the 2nd 214.01 Journal. Monday in November of the even-numbered year, or following certification of election if a recount is (1) The Senate shall maintain a Journal of its required, or has been requested, under ORS 258.150 proceedings. The Journal shall contain a full, true to 258.300. and correct chronological record of all proceedings.

(2) All presession filing requests shall be submitted (2) At the discretion of the President, the Secretary of in the manner prescribed by the Secretary of the the Senate shall publish such information as may be Senate, and shall include, but not be limited to: required to inform the public of Senate actions and proceedings. (a) One backed copy of the proposed measure; (3) Newsletters may be distributed in accordance (b) Measure Summary; with Senate Rule 14.20.

(c) Name of the Requester; PERSONNEL

(d) Signature of the member or newly-elected 215.07 Interim Staff. official; and A member may employ interim staff subject to the (e) Contact person and telephone number. provisions of Senate Rule 15.05 and as limited by the Legislative Assembly budget. Funds allocated for (3) All presession filed drafts must be submitted to interim staff salaries may also be used to reimburse Secretary of the Senate by 5:00 p.m. on December 31 a member for vouchered in-district travel expense and of the even numbered years. If the 31st falls on a vouchered services and supplies. weekend, the following Monday shall apply.

213.28 Introduction Ordered by the President. SERVICES AND SUPPLIES

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hospitalization. That Margie Brennan Courtney, the little 216.01 Services and Supplies. girl from Mt. Angel, has always been there. And we have three sons, they were called in, one out of High School, (1) Any amount remaining unexpended or Sean, a Junior at Blanchett, and Peter’s a Junior at unobligated in the member's individual services and Western Oregon University, and our third son is playing supplies account upon adjournment sine die of the basketball as we speak, we couldn’t get him, he’s on a court regular session may be used during the interim for playing. Together we make up a whole family, the the following: Courtneys.

(a) Postage (all classes); “And just let it be said that this is the woman who is the safe harbor, the lynch pin of this family that she says (b) Office supplies; consists of four boys. So I want to acknowledge Margie, Sean Michael Sebastian, and Peter Vincent Damian and (c) Copying, facsimile charges; Adam Brennan, wherever you are, who carries his mother’s maiden name. So please, if you would, acknowledge the (d) Newsletter printing, postage and labels; Courtney family. Thank you, you can sit down now. She wants me to give her a hug. (e) Interim staff; and “I also want to acknowledge Senator Kate Brown. (f) Any other service and supply approved by We’ve been through a lot and I know that in this audience the Senate President. today each of you bring to what we’ve just done varying degrees of support and opposition. Senator Brown has (2) Any member who spends in excess of the acted in a way that I envy. She has shown a degree of true allowance provided under Senate Rule 216.01 shall public service in taking herself out of a situation that she reimburse the Legislative Assembly for the overdraft. has spent so long pursuing. I hope she understands that I stand before her today as an individual who realizes that while I am the President now, I am simply a shared Nominations for President of the Senate were President. And that I feel that Senator Kate Brown has declared open by unanimous consent at the request of the Chair. shown that she is the ultimate public servant.

Clarno nominated Courtney for President of the “Senator Bev Clarno and I go back to a famous 1995 Senate. session, and I know that her life in the last several weeks has been very difficult. And it is interesting, she reminded Brown moved that nominations be closed and a me that it was the ‘95 session that the then minority leader unanimous ballot be cast for Courtney. Motion carried nominated her for Speaker. I had forgotten that was Peter, on voice vote. Courtney elected President of the Senate. so she has just nominated me. Her life and my life, are very close together now because I cannot begin to do this job The Chair appointed Clarno and Brown to escort without Senator Kate Brown, the leader of the Democrats, Courtney to the rostrum. Chief Justice Carson and Senator Bev Clarno, the leader of the Republicans. administered the oath of office to the newly-elected President of the Senate. At this time the gavel was “And so I hope that you all understand that these presented to the newly-elected President of the Senate. (President Courtney in Chair) individuals have already sacrificed much over the last several weeks. And their lives will not be the same for they President Courtney made the following remarks will be giving more than they will ever be receiving in the to the Senate. weeks and the months ahead.

“But there is one other person you should know about. “I’d like to just take a few moments of my time here to His name is Lenn Hannon. People kid Lenn and Peter introduce my family. When we were having a retreat, both about the special sessions, but what you do not know is that the Democrats and the Republicans were in retreat in early he is a man who carries many crosses. Everyday of his life December, there was an ice breaker, and we were asked by is filled with pain and suffering. It is not easy. Yet he is a our colleagues to say who the person was whom we admired man who loves Oregon and this institution. He is a man the most. And as individuals talked about that, Senator who will give and give and give as he already has so that Bill Morrisette anticipated me. Because he said that he this session will be written about for many years to come. I admired his wife most. I have to say that this woman right cannot even begin to stand before you today if it weren’t for here is the person I admire the most. I’ve had some difficult Lenn Hannon. This is a man of so much substance and times in my life, most recently, as you know, with SENATE JOURNAL SJ-35 caring, but a man you must know, carries many crosses. President Pro Tempore Hannon made the following remarks to the Senate. “And now to each of you, whether you know it or not, you have just made history. There will never be another “Following President Courtney is a difficult thing to class like you. That is not histrionics. The last time this do. I am at a loss for words; he has paid me an accolade was attempted was in 1957. It took them 251 ballots, there that was very generous and magnanimous. But I want to was no unanimous vote, it was just by a single vote that thank my family, my wife who’s up in the office with our things were done. And next time was 1971, and it took 51 five month old boxer puppy, who we’re looking for daycare ballots. In the last few moments you have made history. and could not be here to be with me. But, I want to thank Not only in Oregon, but perhaps in the nation. We are all of you. Thank you for your help, your support, and your going to try something that no Oregon Legislature has tried confidence. I ask you to do something like we did yesterday before. We have just adopted a template that uses the and we join hands as Oregonians and we recaptured that words of Senator John Minnis that no Legislature in our Oregon vision, and we recaptured that Oregon dream. For history has ever been willing to try. We are going to try, you see, in the last few years, we’ve lost the roadmap. It just the thirty few of us. Yesterday when the few of us may have been foggy out but we didn’t cross the fog line, walked into the House Chamber, I said there’s only thirty of now we have an opportunity to ride its course. And as the us. There’s just thirty of us. And the thirty of us are going governor said yesterday we’re in this boat together, both to try something that has never been done before. That’s rich and poor, high and low, Democrat and Republican. I how special you are, and that’s how good you are. ask you to join with me as a fellow Oregonian when we recapture that Oregon dream. The can do attitude. Rather “Today is not like yesterday, yesterday was about than the cannot attitude. And when we light a flame, like ceremony and speech, today is a day of history. You are our ancestors before us who left an image of the first bottle very, very good. You are very, very talented. You will be, bill, the beach bill, land use planning, and a positive course probably go down as, the greatest Senate in Oregon’s of direction for our state. But we recaptured that vision. history. For the actions you took today, and will do in the And when we support the governor in limited times and days ahead. Let me simply say, we are the first wagon on limited conditions with whole hearted support, not limited this Oregon Trail. That’s right, we are the first wagon. support. And when we join together at the end of this That negotiating team had no model, no map to go by. You session we can say well done, good and faithful servants of might say we were making it up as we went along, well I’ll Oregon’s trust. Because you have not violated that trust, tell you something, that’s what’s going to happen to all of you have enriched that trust. So today I say thank you to us. all of you.

“In the end, let me just say, I am very nervous today; “And I ask for your prayers and support as I work you all know how much I love to speak. I am still very with my good friend Senator Courtney, the only thing I’m frightened, very, very frightened. I need you to help me, not going to do is give him my home phone. During five each of you, to do this. I need your help, it’s a team effort. special sessions, they thought it was permanent residence There’s no ‘I’ or ‘me’ in ‘team.’ I need each of you, I need at the hotel down the street because he called every night you today and tomorrow, we need each other. We came and every morning. And they said who is this man who here as Democrats and Republicans, we’re going to leave as calls the room all the time. And I said well he’s the same Democrats and Republicans, but first and foremost, we’re one who turned me in to the police. And the police raided legislators, and we’re public servants. And I’ll tell you my hotel room one night, and as most of you know I love to something we’re not going to get any better than this group sit around in my shorts and t-shirt at night watching of thirty. You’re the best. Thank you very much. “ college basketball. And there’s these red and blue lights Nominations for President Pro Tempore of the and I looked out the window and there were five policemen Senate were declared open by unanimous consent at with guns drawn. And one on the bullhorn said come on out the request of the Chair. with your hands raised above your head. So I did. Only problem was, I was the wrong person. So the campaign Brown nominated Hannon for President Pro photo is up in my office. We can have humor, we can have Tempore of the Senate. Clarno moved that laughter, we can have support. Together we will make this nominations be closed and that a unanimous ballot be cast for Hannon. Motion carried on voice vote. the Oregon, my Oregon, our Oregon. Thank you.” Hannon elected President Pro Tempore of the Senate. Brown nominated Judy Hall for Secretary of the Senate. Clarno moved that nominations be closed and The Chair appointed Clarno and Brown to escort a unanimous ballot be cast for Judy Hall. Motion Hannon to the rostrum. Chief Justice Carson carried on voice vote. Hall elected Secretary of the administered the oath of office to the newly-elected Senate. Chief Justice Carson administered the oath of President Pro Tempore of the Senate. office to the newly-elected Secretary of the Senate.

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SB 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, SENATE STANDING COMMITTEES 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, AGRICULTURE AND NATURAL RESOURCES 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, 82, 83, Frank Shields, Chair 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, Roger Beyer, Vice-Chair 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, Tony Corcoran 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, Bill Fisher 144, 145, 146, 147, 148, 149, 150, 151, 152 -- Introduced, read first time and referred to President’s BUSINESS AND LABOR desk.

Senate adjourned until 11:30 a.m. Wednesday by David Nelson, Chair unanimous consent at the request of the chair. Vicki Walker, Vice-Chair Roger Beyer Rick Metsger Wednesday, January 15, 2003 -- Morning Session

EDUCATION Senate convened at 11:30 a.m. President Courtney in Chair. The following members were Charles Starr, Chair present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Ryan Deckert, Vice-Chair Fisher, Gordly, Hannon, Harper, Messerle, Metsger, Ted Ferrioli Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Bill Morrisette Shields, Starr, B., Starr, C., Walker, Winters; excused -- George. Colors were posted and the Senate pledged GENERAL GOVERNMENT allegiance to the flag. Invocation by Senator Margaret Carter, Portland. Tony Corcoran, Chair SB 81, 153, 154, 155, 156, 157, 158, 159, 160, John Minnis, Vice-Chair 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, Bruce Starr 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, Vicki Walker 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 218, HEALTH POLICY 219, 220, 221, 222, 223, 224, 225, 226, 227 -- Introduced, read first time and referred to President’s Bill Morrisette, Chair desk. Bill Fisher, Vice-Chair John Minnis Senate in recess until 2:00 p.m. by unanimous Frank Shields consent at the request of the Chair. Charles Starr Vicki Walker Wednesday, January 15, 2003 -- Afternoon Session HUMAN RESOURCES Recess extended to 3:30 p.m. by implied consent at the request of the Chair. Senate reconvened at 3:30 Bill Fisher, Chair p.m. President Courtney in Chair. The following Bill Morrisette, Vice-Chair members were present: Atkinson, Beyer, Brown, Kate Brown Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Gordly, Hannon, Harper, Ginny Burdick Messerle, Metsger, Minnis, Morrisette, Morse, Beverly Clarno Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Charles Starr Walker, Winters; excused -- George. JUDICIARY Senate, having recessed under the order of announcements, resumed under that order by unanimous consent at the request of the Chair. John Minnis, Chair Ginny Burdick, Vice-Chair President Courtney announced the following Ted Ferrioli committee assignments. Charlie Ringo Charles Starr Vicki Walker

SENATE JOURNAL SJ-37

REVENUE Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, C., Walker, Winters; excused -- Carter, Devlin attending legislative business -- Atkinson, Starr, B. Ryan Deckert, Chair Colors were posted and the Senate pledged allegiance Ted Ferrioli, Vice-Chair to the flag. Invocation by Senator Charles Starr, Tony Corcoran Hillsboro. Lenn Hannon Charlie Ringo SJR 1; SB 5501, 5502, 5503, 5504, 5505, 5506, Bruce Starr 5507, 5508, 5509, 5510, 5511, 5512, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, 5521, 5522, 5523, 5524; 84, 85, 201, 202, 228, 229, 230, 231, 232, 233, 234, RULES 235, 236, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253 -- Introduced, read Kate Brown, Co-Chair first time and referred to President’s desk. Beverly Clarno, Co-Chair Jason Atkinson, Vice-Chair President Courtney announced the following committee assignments. Ginny Burdick, Vice-Chair Roger Beyer Tony Corcoran SENATE COMMITTEE ON WAYS AND MEANS SUBCOMMITTEES TRANSPORTATION AND ECONOMIC Subcommittee on Education DEVELOPMENT Senator Avel Gordly Rick Metsger, Chair Senator Ken Messerle Bruce Starr, Vice-Chair Ryan Deckert Subcommittee on General Government David Nelson Senator Richard Devlin WATER AND LAND USE Senator Jackie Winters Subcommittee on Human Resources Ted Ferrioli, Chair Charlie Ringo, Vice-Chair Senator Jackie Winters, Chair Jason Atkinson Senator Margaret Carter Rick Metsger Senator Avel Gordly Senator Frank Morse JOINT WAYS AND MEANS Subcommittee on Natural Resources Kurt Schrader, Co-Chair Steve Harper, Vice-Chair Senator Ken Messerle, Chair Margaret Carter Senator Joan Dukes Richard Devlin Joan Dukes Subcommittee on Public Safety/Regulation Gary George Avel Gordly Senator Richard Devlin Ken Messerle Senator Gary George Frank Morse Jackie Winters Subcommittee on Transportation and Economic Development Senate adjourned until 11:30 a.m. Thursday by unanimous consent at the request of the Chair. Senator Gary George, Chair Senator Margaret Carter Thursday, January 16, 2003 -- Morning Session Senator Joan Dukes Senator Frank Morse

Senate convened at 11:30 a.m. President Courtney in Chair. The following members were Senate adjourned until 11:30 a.m. Friday by present: Beyer, Brown, Burdick, Clarno, Corcoran, unanimous consent at the request of the Chair. Deckert, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis,

SJ-38 SENATE JOURNAL

Friday, January 17, 2003 -- Morning Session Ted Kulongoski Governor

Senate convened at 11:30 a.m. President January 16, 2003 Courtney in Chair. The following members were present: Beyer, Brown, Burdick, Clarno, Corcoran, TO THE HONORABLE PRESIDENT OF THE SENATE Devlin, Dukes, Ferrioli, Fisher, Gordly, Hannon, OF THE 72nd LEGISLATIVE ASSEMBLY Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., ORS 409.100 provides that the Governor shall appoint the Winters; excused -- Atkinson; attending legislative Director of Human Services, subject to Senate confirmation, business -- Carter, Deckert, George, Starr, C., Walker. in the manner provided by ORS 171.562 and ORS 171.565. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Frank Carpenter, Chaplain I appoint Jean Thorne of Salem as the Director of Human of Capitol Ministries, Hillsboro. Services for a term beginning January 1, 2003 and serving at the pleasure of the Governor, effective upon Senate confirmation. The following messages from the Governor were read and referred to the Committee on Rules. This appointment is submitted for your consideration. January 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 184.315 provides that the Governor shall appoint the SB 5525, 5526, 5527, 5528, 5529, 5530, 5531, Director of the Department of Administrative Services, 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, subject to Senate confirmation, in the manner provided by 5541, 5542, 5543, 5544, 5545, 5546, 5547, 5548, 5549, ORS 171.562 and ORS 171.565. 5550, 5551, 5552, 5553, 5554, 5555, 5556, 5557, 5558, I appoint Gary Weeks of Salem as the Director of the 5559, 5560, 5561, 5562, 5563, 5564 -- Introduced, read Department of Administrative Services for a term first time and referred to President’s desk. beginning January 1, 2003, and serving at the pleasure of the Governor, effective upon Senate confirmation. The following measures were referred to committee on January 16 and recorded on Committee This appointment is submitted for your consideration. Referral List No. 1 which was distributed to Sincerely, members. Referral list recorded in the Journal and Ted Kulongoski Status Report by order of the President. Governor SB 11 Education January 16, 2003 SB 12 General Government SB 13 Human Resources TO THE HONORABLE PRESIDENT OF THE SENATE SB 14 Judiciary OF THE 72nd LEGISLATIVE ASSEMBLY SB15 Transportation and Economic Development; ORS 705.105 provides that the Governor shall appoint the Judiciary Director of the Department of Consumer and Business SB 16 Education; Ways and Means Services, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 17 Judiciary SB 18 Human Resources; Judiciary I appoint Cory Streisinger of Portland as the Director of the Department of Consumer and Business Services for a term SB 19 Judiciary beginning January 1, 2003, and serving at the pleasure of SB 20 Judiciary; Ways and Means the Governor, effective upon Senate confirmation. SB 21 Judiciary; Ways and Means This appointment is submitted for your consideration. SB 22 Health Policy; Ways and Means Sincerely, SB 23 Judiciary Ted Kulongoski SB 24 Judiciary Governor SB 25 Judiciary January 16, 2003 SB 26 Judiciary SB 27 Judiciary TO THE HONORABLE PRESIDENT OF THE SENATE SB 28 Judiciary OF THE 72nd LEGISLATIVE ASSEMBLY SB 29 Judiciary ORS 285A.070 provides that the Governor shall appoint the SB 30 Judiciary Director of the Economic and Community Development Department, subject to Senate confirmation, in the manner SB 31 Judiciary provided by ORS 171.562 and ORS 171.565. SB 32 Judiciary I appoint Martin Brantley of Portland as the Director of the SB 33 Judiciary Economic and Community Development Department for a SB 34 Business and Labor; Ways and Means term beginning January 1, 2003 and serving at the pleasure SB 35 Judiciary of the Governor, effective upon Senate confirmation. SB 36 Judiciary This appointment is submitted for your consideration. SB 37 Human Resources; Judiciary Sincerely, SB 38 Judiciary SENATE JOURNAL SJ-39

SB 39 Judiciary SB 109 Business and Labor SB 40 Business and Labor SB 110 Judiciary SB 41 Judiciary SB 111 Judiciary SB 42 Judiciary SB 112 Judiciary SB 43 Business and Labor; Judiciary SB 113 Judiciary SB 44 Judiciary SB 114 Judiciary SB 45 Judiciary SB 115 Judiciary SB 46 Judiciary SB 116 Judiciary SB 47 Judiciary SB 117 Judiciary SB 48 Judiciary SB 118 Human Resources SB 49 Judiciary SB 119 Human Resources; Judiciary SB 50 General Government; Ways and Means SB 120 Business and Labor SB 51 Judiciary SB 121 Business and Labor SB 52 Judiciary SB 122 Judiciary SB 53 Judiciary SB 123 Judiciary SB 54 Health Policy SB 124 Education; Ways and Means SB 55 Business and Labor SB 125 Education SB 56 Business and Labor; Ways and Means SB 126 Education SB 57 Agriculture and Natural Resources; Judiciary SB 127 Education SB 58 Judiciary SB 128 Education; Ways and Means SB 59 Judiciary SB 129 Education SB 60 Transportation and Economic Development SB 130 Education SB 61 Revenue SB 131 Education; Ways and Means SB 62 Revenue SB 132 Rules SB 63 Business and Labor SB 133 General Government SB 64 Judiciary SB 134 General Government SB 65 Judiciary SB 135 General Government SB 66 Education SB 136 Judiciary SB 67 Judiciary SB 137 Rules SB 68 Judiciary SB 138 Rules SB 69 Judiciary SB 139 Rules; Ways and Means SB 70 Judiciary SB 140 Rules SB 71 Judiciary SB 141 Rules SB 72 Judiciary SB 142 Human Resources SB 73 Business and Labor SB 143 Human Resources; Ways and Means SB 74 Health Policy SB 144 Human Resources SB 75 Education SB 145 Health Policy; Ways and Means SB 76 Business and Labor; Revenue SB 146 Health Policy; Ways and Means SB 77 General Government; Ways and Means SB 147 Revenue SB 78 Transportation and Economic Development; Ways SB 148 Business and Labor and Means SB 149 Business and Labor SB 79 Revenue; Ways and Means SB 150 Business and Labor SB 80 Transportation and Economic Development; Ways SB 151 Business and Labor and Means SB 152 Business and Labor SB 82 Water and Land Use SB 83 Transportation and Economic Development; Senate adjourned until 11:30 a.m. Monday by Revenue unanimous consent at the request of the Chair. SB 100 Judiciary SB 101 Judiciary Monday, January 20, 2003 -- Morning Session SB 102 Rules SB 103 Business and Labor; Judiciary Senate convened at 11:30 a.m. Gordly in Chair. SB 104 Judiciary The following members were present: Atkinson, SB 105 Judiciary Beyer, Burdick, Carter, Clarno, Corcoran, Deckert, SB 106 Judiciary Devlin, Dukes, Ferrioli, Fisher, Hannon, Harper, Messerle, Metsger, Morrisette, Morse, Nelson, Ringo, SB 107 Judiciary Shields, Starr, C., Walker, Winters, President SB 108 Judiciary Courtney; excused -- Brown, George, Minnis,

SJ-40 SENATE JOURNAL

Schrader, Starr, B. Colors were posted and the Senate SB 153 Business and Labor pledged allegiance to the flag. Invocation by Senator SB 154 Human Resources Jackie Winters, Salem. Musical performance by Senator Margaret Carter, Portland. (President SB 155 Human Resources Courtney in Chair) Rules suspended by unanimous SB 156 Human Resources consent in order to receive brief remarks from SB 157 General Government Portland State University President Bernstein. SB 158 Health Policy (Hannon in Chair) SB 159 Business and Labor SB 160 Business and Labor SB 86, 87, 88, 89, 90 -- Introduced, read first time and referred to President’s desk. SB 161 Human Resources SB 162 Human Resources The following measures were referred to SB 163 Human Resources committee on January 17 and recorded on Committee SB 164 Human Resources Referral List No. 2 which was distributed to SB 165 Human Resources; Judiciary members. Referral list recorded in the Journal and SB 166 Human Resources Status Report by order of the President. SB 167 Judiciary SB 168 Human Resources; Ways and Means Director of the Department of Administrative SB 169 Judiciary Services (ORS 184.315) SB 170 General Government SB 171 General Government Gary Weeks Rules SB 172 General Government SB 173 Revenue SB 174 Transportation and Economic Development Director of the Department of Consumer and SB 175 Judiciary Business Services (ORS 705.105) SB 176 Judiciary Cory Streisinger Rules SB 177 Judiciary SB 178 Judiciary SB 179 Transportation and Economic Development SB 180 Transportation and Economic Development; Ways Director of Economic and Community Development and Means Department (ORS 285A.070) SB 181 Transportation and Economic Development Martin Brantley Rules SB 182 Transportation and Economic Development SB 183 Transportation and Economic Development SB 184 Education; Ways and Means Director of Department of Human Services (ORS SB 185 Education; Ways and Means 409.100) SB 186 Education Jean Thorne Rules SB 187 Transportation and Economic Development SB 188 Transportation and Economic Development Senate adjourned until 11:30 a.m. Tuesday by SB 189 Judiciary unanimous consent at the request of the Chair. SB 190 Transportation and Economic Development; Ways and Means Tuesday, January 21, 2003 -- Morning Session SB 191 Health Policy SB 192 Health Policy SB 193 General Government Senate convened at 11:30 a.m. President Courtney in Chair. The following members were SB 194 Judiciary present: Beyer, Brown, Carter, Clarno, Corcoran, SB 195 Judiciary Deckert, Devlin, Dukes, Fisher, Gordly, Hannon, SB 196 Agriculture and Natural Resources; Ways and Harper, Messerle, Metsger, Minnis, Morse, Nelson, Means Ringo, Shields, Starr, B., Starr, C., Walker, Winters; SB 197 Ways and Means absent -- Atkinson, Burdick, Ferrioli, George, Morrisette, Schrader. Colors were posted and the SB 198 Business and Labor Senate pledged allegiance to the flag. Invocation by SB 199 Business and Labor Mercedes Miller-Hayes, a spoken-word artist, SB 200 Business and Labor Portland. SB 203 Agriculture and Natural Resources; Ways and Means SJR 2; SB 91, 92, 93, 94, 95, 96, 97, 98, 99, 213 -- SB 204 Agriculture and Natural Resources Introduced, read first time and referred to President’s desk. SB 205 Business and Labor SB 206 Business and Labor The following measures were referred to SB 207 Business and Labor committee on January 20 and recorded on Committee SB 208 Business and Labor Referral List No. 3 which was distributed to SB 209 General Government members. Referral list recorded in the Journal and SB 210 General Government Status Report by order of the President. SB 211 General Government SB 81 Judiciary SB 212 Judiciary SENATE JOURNAL SJ-41

SB 214 Human Resources SB 5510 Ways and Means SB 215 Business and Labor SB 5511 Ways and Means SB 216 Judiciary SB 5512 Ways and Means SB 217 Judiciary SB 5513 Ways and Means SB 218 Water and Land Use SB 5514 Ways and Means SB 219 Water and Land Use SB 5515 Ways and Means SB 220 Revenue SB 5516 Ways and Means SB 221 Revenue SB 5517 Ways and Means SB 222 Revenue SB 5518 Ways and Means SB 223 Revenue SB 5519 Ways and Means SB 224 Revenue SB 5520 Ways and Means SB 225 Revenue SB 5521 Ways and Means SB 226 Revenue SB 5522 Ways and Means SB 227 Revenue SB 5523 Ways and Means Senate adjourned until 11:30 a.m. Wednesday by SB 5524 Ways and Means unanimous consent at the request of the Chair. SB 84 Judiciary SB 85 Business and Labor SB 201 Transportation and Economic Development Wednesday, January 22, 2003 -- Morning Session SB 202 Transportation and Economic Development SB 228 Revenue Senate convened at 11:30 a.m. President Pro SB 229 Revenue Tempore Hannon in Chair. The following members SB 230 Revenue were present: Atkinson, Carter, Corcoran, Deckert, SB 231 Revenue Devlin, Dukes, Ferrioli, George, Gordly, Harper, SB 232 Revenue Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., SB 233 Business and Labor Walker, Winters, President Courtney; excused -- SB 234 Business and Labor Beyer, Brown, Burdick, Clarno, Fisher. Colors were SB 235 Business and Labor posted and the Senate pledged allegiance to the flag. SB 236 Health Policy Invocation by Reverend Joyce Frame of the Christian Church, Keizer. SB 237 Business and Labor SB 238 Education Committee Report Summary No. 1 listing the SB 240 Education; Ways and Means following reports was distributed to members today. SB 241 Agriculture and Natural Resources Summary list recorded in Journal and Status Report SB 242 Agriculture and Natural Resources by order of the President. SB 243 Business and Labor SB 244 Business and Labor SB 133 -- Report by Committee on General SB 245 Judiciary Government recommending passage and be placed on the Unanimous Consent Calendar. SB 246 Transportation and Economic Development SB 247 Transportation and Economic Development SB 135 -- Report by Committee on General SB 248 Business and Labor Government recommending passage. SB 249 Human Resources SB 250 Business and Labor SB 239, 254, 257, 258, 259 -- Introduced, read SB 251 Water and Land Use first time and referred to President’s desk. SB 252 Business and Labor SB 253 Business and Labor SB 133, 135 -- Read second time and passed to third reading. Senate adjourned until 11:00 a.m. Thursday by unanimous consent at the request of the Chair. The following measures were referred to committee on January 21 and recorded on Committee Referral List No. 4 which was distributed to Thursday, January 23, 2003 -- Morning Session members. Referral list recorded in the Journal and Status Report by order of the President. Senate convened at 11:00 a.m. President SJR 1 Education Courtney in Chair. The following members were SB 5501 Ways and Means present: Burdick, Clarno, Corcoran, Fisher, Nelson, SB 5502 Ways and Means Walker; absent -- Atkinson, Beyer, Brown, Carter, SB 5503 Ways and Means Deckert, Devlin, Dukes, Ferrioli, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, SB 5504 Ways and Means Morse, Ringo, Schrader, Shields, Starr, B., Starr, C., SB 5505 Ways and Means Winters; excused -- George. SB 5506 Ways and Means SB 5507 Ways and Means Call of the Senate demanded by Corcoran joined SB 5508 Ways and Means by Nelson and Clarno. All present except Beyer, SB 5509 Ways and Means Deckert, Ferrioli, Gordly, Hannon, Harper, Messerle,

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Metsger, Morse, Ringo, Schrader, Shields, Starr, B., On suspension of the constitutional provisions, Starr, C., Winters, absent; George, excused. Pending the vote was: Ayes, 26; nays, 1—Deckert; excused, 1— arrival of members subject to the Call, Senate at ease. George; attending legislative business, 2—Gordly, Further proceedings under the Call terminated by Walker. Constitutional provisions suspended. implied consent. All present except George, excused. Senate reassembled. Colors were posted and the SB 135 -- Taken from its place on today’s third Senate pledged allegiance to the flag. Invocation by reading calendar and placed on January 24 calendar Mary Ann Googins, Minister of Discipleship, First by unanimous consent on motion of Corcoran. United Methodist Church, Salem. SJM 1; SJR 3; SB 255, 256, 261, 262, 263, 264 -- Call of the Senate demanded by Corcoran joined Introduced, read first time and referred to President’s by Nelson and Gordly. All present except Devlin, desk. Schrader, Walker, absent; George, excused. Pending arrival of members subject to the Call, Senate at ease. The following measures were referred to Members subject to the Call arrived. Further committee on January 22 and recorded on Committee proceedings under the Call terminated by implied Referral List No. 5 which was distributed to consent at the request of the Chair. Senate members. Referral list recorded in the Journal and reassembled. All present except George, excused. Status Report by order of the President. Mary Mertens James gave a presentation clarifying the Senate Rules regarding workplace harassment awareness. SB 5525 Ways and Means SB 5526 Ways and Means Committee Report Summary No. 2 listing the SB 5527 Ways and Means following reports was distributed to members today. SB 5528 Ways and Means Summary list recorded in Journal and Status Report SB 5529 Ways and Means by order of the President. SB 5530 Ways and Means SB 5531 Ways and Means SB 12 -- Report by Committee on General SB 5532 Ways and Means Government recommending passage and requesting SB 5533 Ways and Means referral to Committee on Ways and Means. Referred SB 5534 Ways and Means to Committee on Ways and Means by order of the SB 5535 Ways and Means President in agreement with the President Pro SB 5536 Ways and Means Tempore. SB 5537 Ways and Means SB 5538 Ways and Means Report by Committee on Rules recommending SB 5539 Ways and Means that the Governor’s appointment of Gary Weeks as SB 5540 Ways and Means the Director of the Department of Administrative Services be confirmed. SB 5541 Ways and Means SB 5542 Ways and Means Report by Committee on Rules recommending SB 5543 Ways and Means that the Governor’s appointment of Cory Streisinger SB 5544 Ways and Means as the Director of the Department of Consumer and SB 5545 Ways and Means Business Services be confirmed. SB 5546 Ways and Means SB 5547 Ways and Means Report by Committee on Rules recommending SB 5548 Ways and Means that the Governor’s appointment of Martin Brantley SB 5549 Ways and Means as the Director of Economic and Community SB 5550 Ways and Means Development Department be confirmed. SB 5551 Ways and Means SB 5552 Ways and Means Report by Committee on Rules recommending SB 5553 Ways and Means that the Governor’s appointment of Jean Thorne as SB 5554 Ways and Means the Director of Department of Human Services be SB 5555 Ways and Means confirmed. SB 5556 Ways and Means SB 5557 Ways and Means Brown moved that in compliance with Article IV, SB 5558 Ways and Means section 19 of the Oregon Constitution, and SB 5559 Ways and Means notwithstanding any provision of the Permanent Rules of the Senate for the Seventy-Second SB 5560 Ways and Means Legislative Assembly, the requirement that on its SB 5561 Ways and Means final passage each bill shall be read section by section SB 5562 Ways and Means be suspended for the duration of the regular session SB 5563 Ways and Means of the Seventy-Second Legislative Assembly and the SB 5564 Ways and Means requirement that every bill shall be read by title only on three several days in each house be suspended. Senate adjourned until 10:00 a.m. Friday by unanimous consent at the request of the Chair. SENATE JOURNAL SJ-43

Friday, January 24, 2003 -- Morning Session SB 87 Revenue SB 88 Revenue SB 89 Revenue Senate convened at 10:00 a.m. President Courtney in Chair. The following members were SB 90 Judiciary present: Beyer, Brown, Burdick, Clarno, Corcoran, Senate adjourned until 11:00 a.m. Monday by Deckert, Devlin, Dukes, Fisher, Gordly Hannon, unanimous consent at the request of the Chair. Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Ringo, Schrader, Shields, Starr, C., Walker, Winters; excused -- Atkinson, Ferrioli, George, Monday, January 27, 2003 -- Morning Session Nelson, Starr, B.; attending legislative business -- Carter. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Jim Bull Senate convened at 11:00 a.m. President of the First Baptist Church, Salem. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Clarno, SB 135 -- Taken from its place on today’s third Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, reading Calendar and rereferred to Committee on George, Gordly, Hannon, Harper, Messerle, Metsger, General Government by voice vote on motion of Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Corcoran. Shields, Starr, B., Starr, C., Walker, Winters; excused -- Carter. Colors were posted and the Senate pledged Rules suspended by implied consent. Brown allegiance to the flag. Invocation by Senator Bruce moved that the Senate confirm the Governor's Starr, Aloha. appointment of Jean Thorne as the Director of Human Services. On confirmation the vote was: Ayes, Committee Report Summary No. 3 listing the 20; excused, 5—Atkinson, Ferrioli, George, Nelson, following reports was distributed to members today. Starr, B.; attending legislative business, 5—Carter, Summary list recorded in Journal and Status Report Devlin, Gordly, Harper, Messerle. Confirmed. by order of the President.

Senate at ease. Senate reassembled. SB 35 -- Report by Committee on Judiciary recommending passage. Rules suspended by implied consent. Brown moved that the Senate confirm the Governor's SB 39 -- Report by Committee on Judiciary appointment of Gary Weeks as the Director of the recommending passage. Department of Administrative Services. On confirmation the vote was: Ayes, 20; excused, 5— SB 41 -- Report by Committee on Judiciary Atkinson, Ferrioli, George, Nelson, Starr, B.; recommending passage and be placed on the attending legislative business, 5—Carter, Devlin, Unanimous Consent Calendar. Gordly, Harper, Messerle. Confirmed. SB 42 -- Report by Committee on Judiciary Brown moved that the Senate confirm the recommending passage and be placed on the Governor's appointment of Cory Streisinger as the Unanimous Consent Calendar. Director of the Department of Consumer and Business Services. On confirmation the vote was: SB 148 -- Report by Committee on Business and Ayes, 20; excused, 5—Atkinson, Ferrioli, George, Labor recommending passage. Nelson, Starr, B.; attending legislative business, 5— Carter, Devlin, Gordly, Harper, Messerle. Confirmed. SB 149 -- Report by Committee on Business and Labor recommending passage. Brown moved that the Senate confirm the Governor's appointment of Martin Brantley as the SB 150 -- Report by Committee on Business and Director of the Department of Economic and Labor recommending passage. Community Development. On confirmation the vote was: Ayes, 20; excused, 5—Atkinson, Ferrioli, George, Nelson, Starr, B.; attending legislative business, 5— SB 151 -- Report by Committee on Business and Carter, Devlin, Gordly, Harper, Messerle. Confirmed. Labor recommending passage.

SB 260, 265, 266, 267, 268, 269, 270, 271, 272, SB 152 -- Report by Committee on Business and 273, 274 -- Introduced, read first time and referred to Labor recommending passage. President’s desk. SB 275, 276, 277, 278, 279, 280 -- Introduced, The following measures were referred to read first time and referred to President’s desk. committee on January 23 and recorded on Committee Referral List No. 6 which was distributed to SB 35, 39, 41, 42, 148, 149, 150, 151, 152 -- members. Referral list recorded in the Journal and Read second time and passed to third reading. Status Report by order of the President. SB 133 -- Read third time under Unanimous SB 86 Judiciary Consent Calendar. Carried by Walker. On passage

SJ-44 SENATE JOURNAL of bill the vote was: Ayes, 29; excused, 1- Carter. Bill SB 39 -- Read third time. Carried by Burdick. passed. On passage of bill the vote was: Ayes, 28; nays, 1- Fisher; excused, 1- Winters. Bill passed. The following measures were referred to committee on January 24 and recorded on Committee SB 148 -- Read third time. Carried by Nelson. Referral List No. 7 which was distributed to On passage of bill the vote was: Ayes, 28; excused, members. Referral list recorded in the Journal and 2— Corcoran, Winters. Bill passed. Status Report by order of the President. SB 149 -- Read third time. Carried by Walker. SJR 2 Judiciary On passage of bill the vote was: Ayes, 29; excused, SB 91 Revenue 1— Winters. Bill passed. SB 92 Business and Labor SB 93 Judiciary SB 150 -- Read third time. Carried by Beyer. On SB 94 Water and Land Use passage of bill the vote was: Ayes, 28; nays, 1 — SB 95 Agriculture and Natural Resources Atkinson excused, 1- Winters. Bill passed. SB 96 General Government SB 151 -- Read third time. Carried by Nelson. SB 97 Water and Land Use On passage of bill the vote was: Ayes, 28; nays, 1— SB 98 Judiciary George; excused, 1— Winters. Bill passed. SB 99 Agriculture and Natural Resources; Ways and Means SB 152 -- Read third time. Carried by Walker. SB 213 Transportation and Economic Development On passage of bill the vote was: Ayes, 23; nays, 6— Atkinson, Dukes, Fisher, George, Harper, Minnis; Senate adjourned until 11:00 a.m. Tuesday by excused, 1— Winters. Bill passed. unanimous consent at the request of the Chair. Senate adjourned until 11:00 a.m. Wednesday by Tuesday, January 28, 2003 -- Morning Session unanimous consent at the request of the Chair.

Senate convened at 11:00 a.m. President Wednesday, January 29, 2003 -- Morning Session Courtney in Chair. The following members were present. Atkinson, Beyer, Brown, Burdick, Carter, Senate convened at 11:00 a.m. President Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Courtney in Chair. The following members were Fisher, George, Gordly, Hannon, Harper, Messerle, present: Atkinson, Beyer, Brown, Burdick, Carter, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Schrader, Shields, Starr, B., Starr, C., Walker; Fisher, George, Gordly, Hannon, Harper, Messerle, excused -- Winters. Colors were posted by Linn Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, County Sheriff’s Honor Guard and the Senate pledged Shields, Starr, B., Starr, C., Walker, Winters; allegiance to the flag. Invocation by Emily Broussard, attending legislative business -- Metsger. Colors were Associate Pastor at Pauline Memorial AME Zion posted and the Senate pledged allegiance to the flag. Church, Salem. Invocation by Senator Frank Morse, Corvallis.

Committee Report Summary No. 4 listing the Committee Report Summary No. 5 listing the following reports was distributed to members today. following reports was distributed to members today. Summary list recorded in Journal and Status Report Summary list recorded in Journal and Status Report by order of the President. by order of the President.

SB 85 -- Report by Committee on Business and SB 157 -- Report by Committee on General Labor recommending passage. Government recommending passage.

SB 153 -- Report by Committee on Business and SB 209 -- Report by Committee on General Labor recommending passage. Government recommending passage and be placed on the Unanimous Consent Calendar. SB 281 -- Introduced, read first time and referred to President’s desk. SJR 4; SB 282, 283, 284, 285, 286, 287, 288 -- Introduced, read first time and referred to President’s SB 85, 153 -- Read second time and passed to desk. third reading. SB 157, 209 -- Read second time and passed to SB 35 -- Read third time. Carried by Ringo. On third reading. passage of bill the vote was: Ayes, 25; nays, 4— Beyer, Ferrioli, George, Schrader; excused, 1— SB 85 -- Read third time. Carried by Beyer. On Winters. Bill passed. passage of bill the vote was: Ayes, 28; nays, 1- Shields; attending legislative business, 1- Metsger. Bill passed. SENATE JOURNAL SJ-45

SB 153 -- Read third time. Carried by Nelson. SB 117 -- Report by Committee on Judiciary On passage of bill the vote was: Ayes, 27; nays, 2- recommending passage and be placed on the Atkinson, George; attending legislative business, 1- Unanimous Consent Calendar. Metsger. Bill passed. SB 123 -- Report by Committee on Judiciary recommending passage and be placed on the The following measures were referred to Unanimous Consent Calendar. committee on January 28 and recorded on Committee Referral List No. 8 which was distributed to SB 170 -- Report by Committee on General members. Referral list recorded in the Journal and Government recommending passage and be placed on Status Report by order of the President. the Unanimous Consent Calendar. SJM 1 Rules SB 171 -- Report by Committee on General SJR 3 Rules; Ways and Means Government recommending passage and be placed on SB 239 Water and Land Use the Unanimous Consent Calendar. SB 254 Water and Land Use SB 255 Judiciary SB 210 -- Report by Committee on General Government recommending passage and be placed on SB 256 Agriculture and Natural Resources the Unanimous Consent Calendar. SB 257 Water and Land Use SB 258 General Government SB 211 -- Report by Committee on General SB 259 Judiciary Government recommending passage and be placed on the Unanimous Consent Calendar. SB 261 Business and Labor SB 262 Business and Labor SJR 5; SB 289, 290, 291, 292, 293, 294, 295, 296, SB 263 Business and Labor 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, SB 264 Business and Labor 308, 309, 310, 311, 312, 313 -- Introduced, read first time and referred to President’s desk. Senate adjourned until 11:00 a.m. Thursday by unanimous consent at the request of the Chair. SB 45, 108, 110, 117, 123, 170, 171, 210, 211 -- Read second time and passed to third reading.

Thursday, January 30, 2003 -- Morning Session SB 157 -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 28; excused, 1—Burdick; attending legislative business, 1— Senate convened at 11:00 a.m. President Ferrioli. Bill passed. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Fisher, George, HB 2001, 2052, 2175, 2200, 2215, 2265 -- Read Gordly, Hannon, Harper, Messerle, Metsger, Minnis, first time and referred to President’s desk. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; excused -- SB 41 -- Read third time under Unanimous Burdick; attending legislative business -- Ferrioli. Consent Calendar. Carried by Minnis. On passage of Colors were posted and the Senate pledged allegiance bill the vote was: Ayes, 26; nays, 1—Schrader; to the flag. Invocation by Reverend Doris Berube- excused, 1—Burdick; attending legislative business, Blevins, Salem. 2—Ferrioli, Starr, B. Bill passed.

Courtesies of the Senate were extended to former SB 42 -- Read third time under Unanimous Senate President Brady Adams at the request of the Consent Calendar. Carried by Minnis. On passage of Chair. bill the vote was: Ayes, 28; excused, 1—Burdick; attending legislative business, 1—Ferrioli. Bill HB 2001, 2052, 2175, 2200, 2215, 2265 -- passed. Message from the House announcing passage. Senate adjourned until 10:30 a.m. Friday by Committee Report Summary No. 6 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 by order of the President. Friday, January 31, 2003 -- Morning Session

SB 45 -- Report by Committee on Judiciary Senate convened at 10:30 a.m. President recommending passage and be placed on the Courtney in Chair. The following members were Unanimous Consent Calendar. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, SB 108 -- Report by Committee on Judiciary Fisher, George, Gordly, Hannon, Harper, Messerle, recommending passage and be placed on the Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Unanimous Consent Calendar. Schrader, Shields, Starr, B., Starr, C., Walker, Winters. Colors were posted and the Senate pledged SB 110 -- Report by Committee on Judiciary allegiance to the flag. Invocation by Pastor Rob recommending passage and be placed on the Bjornstad, of the Peace Lutheran Church, Salem. Unanimous Consent Calendar.

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HB 2064, 2132, 2140, 2170 -- Message from the Monday, February 3, 2003 -- Morning Session House announcing passage.

HJR 6 -- Message from the House announcing Senate convened at 11:00 a.m. President adoption. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Committee Report Summary No. 7 listing the Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, following reports was distributed to members today. Fisher, George, Gordly, Harper, Messerle, Metsger, Summary list recorded in Journal and Status Report Minnis, Morrisette, Nelson, Ringo, Schrader, Starr, by order of the President. B., Starr, C., Shields, Walker, Winters; attending legislative business -- Hannon, Morse. Colors were SB 182 -- Report by Committee on posted and the Senate pledged allegiance to the flag. Transportation and Economic Development Invocation by Senator Steve Harper, Klamath Falls. recommending passage and be placed on the Unanimous Consent Calendar. Committee Report Summary No. 8 listing the following reports was distributed to members today. SB 192 -- Report by Committee on Health Policy recommending passage and be placed on the Summary list recorded in Journal and Status Report Unanimous Consent Calendar. by order of the President.

SB 193 -- Report by Committee on General SB 160 -- Report by Committee on Business and Government recommending passage and be placed on Labor recommending passage. the Unanimous Consent Calendar. SB 163 -- Report by Committee on Human SB 314, 315, 321 -- Introduced, read first time Resources recommending passage and be placed on and referred to President’s desk. the Unanimous Consent Calendar.

SB 182, 192, 193 -- Read second time and passed SB 199 -- Report by Committee on Business and to third reading. Labor recommending passage and be placed on the Unanimous Consent Calendar. HJR 6; HB 2064, 2132, 2140, 2170 -- Read first time and referred to President’s desk. SB 200 -- Report by Committee on Business and Labor recommending passage and be placed on the The following measures were referred to committee on January 30 and recorded on Committee Unanimous Consent Calendar. Referral List No. 9 which was distributed to members. Referral list recorded in the Journal and SB 234 -- Report by Committee on Business and Status Report by order of the President. Labor recommending passage and be placed on the Unanimous Consent Calendar. SB 260 Judiciary SB 265 Business and Labor; Ways and Means SCR 1 -- Under rules suspension, resolution SB 266 General Government made a Special Order of Business immediately by SB 267 General Government unanimous consent on motion of Harper. SB 268 General Government SB 269 General Government SCR 1 -- Under rules suspension and Special SB 270 Human Resources Order of Business, introduced and read first time. Referred to Rules. SB 271 General Government SB 272 Education Senate at ease while committee met. Senate SB 273 Health Policy reassembled. SB 274 General Government SB 275 Health Policy SCR 1 -- Report by Committee on Rules SB 276 Transportation and Economic Development recommending adoption. SB 277 Transportation and Economic Development SB 278 Transportation and Economic Development SCR 1 -- Under rules suspension and Special Order of Business, read second time and passed to SB 279 Rules final reading. SB 280 Judiciary SB 281 Agriculture and Natural Resources SCR 1 -- Under rules suspension and Special Senate adjourned until 11:00 a.m. Monday by Order of Business, read final time. Carried by Harper. unanimous consent at the request of the Chair. On adoption of resolution, the vote was: Ayes, 28; attending legislative business, 2—Hannon, Morse. Resolution adopted.

SB 10, 316, 317, 318, 319, 320, 322, 323, 324, 325, 326, 327 -- Introduced, read first time and referred to President’s desk. SENATE JOURNAL SJ-47

SB 160, 163, 199, 200, 234 -- Read second time SB 130, 158, 191 -- Read second time and passed and passed to third reading. to third reading.

SB 209 -- Read third time under Unanimous SB 160 -- Read third time. Carried by Beyer. On Consent Calendar. Carried by Walker. On passage of passage of bill the vote was: Ayes, 27; attending bill the vote was: Ayes, 28; attending legislative legislative business, 3—Hannon, Schrader, Winters. business, 2—Hannon, Morse. Bill passed. Bill passed.

The following measures were referred to SB 45 -- Read third time under Unanimous committee on January 31 and recorded on Committee Consent Calendar. Carried by Minnis. On passage of Referral List No. 10 which was distributed to bill the vote was: Ayes, 27; attending legislative members. Referral list recorded in the Journal and business, 3—Hannon, Schrader, Winters. Bill passed. Status Report by order of the President. SB 321 General Government SB 108 -- Read third time under Unanimous HJR 6 Human Resources Consent Calendar. Carried by Burdick. On passage of bill the vote was: Ayes, 27; attending legislative SCR 1 -- President Courtney signed on February business, 3—Hannon, Schrader, Winters. Bill passed. 3. SB 110 -- Read third time under Unanimous Senate adjourned until 11:00 a.m. Tuesday by Consent Calendar. Carried by Walker. On passage of unanimous consent at the request of the Chair. bill the vote was: Ayes, 27; attending legislative business, 3—Hannon, Schrader, Winters. Bill passed.

Tuesday, February 4, 2003 -- Morning Session SB 117 -- Read third time under Unanimous Consent Calendar. Carried by Burdick. On passage Senate convened at 11:00 a.m. President of bill the vote was: Ayes, 27; attending legislative Courtney in Chair. The following members were business, 3—Hannon, Schrader, Winters. Bill passed. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, SB 123 -- Read third time under Unanimous Fisher, George, Gordly, Harper, Messerle, Metsger, Consent Calendar. Carried by Burdick. On passage Minnis, Morrisette, Morse, Nelson, Ringo, Shields, of bill the vote was: Ayes, 26; attending legislative Starr, B., Starr, C., Walker, Winters; attending business, 4—Carter, Hannon, Schrader, Winters. Bill legislative business -- Hannon, Schrader. Colors were passed. posted and the Senate pledged allegiance to the flag. Invocation by Pastor David Shimeall of the Judson SB 170 -- Read third time under Unanimous Baptist Church, Salem. Consent Calendar. Carried by Starr, B. On passage of bill the vote was: Ayes, 26; attending legislative SCR 1 -- Message from the House announcing business, 4—Carter, Hannon, Schrader, Winters. Bill adoption. passed.

SCR 1 -- Message from the House announcing SB 171 -- Read third time under Unanimous the Speaker signed on February 3. Consent Calendar. Carried by Corcoran. On passage of bill the vote was: Ayes, 26; attending legislative Committee Report Summary No. 9 listing the business, 4—Carter, Hannon, Schrader, Winters. Bill following reports was distributed to members today. passed. Summary list recorded in Journal and Status Report by order of the President. SB 210 -- Read third time under Unanimous Consent Calendar. Carried by Walker. On passage of SB 130 -- Report by Committee on Education bill the vote was: Ayes, 26; attending legislative recommending passage and be placed on the business, 4—Carter, Hannon, Schrader, Winters. Bill Unanimous Consent Calendar. passed.

SB 158 -- Report by Committee on Health Policy SB 211 -- Read third time under Unanimous recommending passage and be placed on the Consent Calendar. Carried by Walker. On passage of Unanimous Consent Calendar. bill the vote was: Ayes, 26; attending legislative business, 4—Carter, Hannon, Schrader, Winters. Bill SB 191 -- Report by Committee on Health Policy passed. recommending passage and be placed on the Unanimous Consent Calendar The following measures were referred to committee on February 3 and recorded on Committee SB 328, 329, 330, 331, 332, 333, 334, 335, 336, Referral List No. 11 which was distributed to 337, 338 -- Introduced, read first time and referred to members today. Referral list recorded in the Journal President’s desk. and Status Report by order of the President. SJR 4 Rules

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SJR 5 Rules ORS 561.010 provides that the Governor shall appoint the SB 282 Education; Ways and Means Director of the Department of Agriculture, subject to Senate confirmation, in the manner provided by ORS 171.562 and SB 283 Education; Ways and Means ORS 171.565. SB 284 Business and Labor SB 285 Business and Labor I appoint Katy Coba of Salem as the Director of the Department of Agriculture for a term beginning February 3, SB 286 Business and Labor 2003, and serving at the pleasure of the Governor, effective SB 287 Education; Ways and Means upon Senate confirmation. SB 288 Human Resources This appointment is submitted for your consideration. SB 289 Transportation and Economic Development SB 290 Revenue; Ways and Means Sincerely, Ted Kulongoski SB 291 Agriculture and Natural Resources Governor SB 292 Revenue SB 293 Water and Land Use February 4, 2003 SB 294 Agriculture and Natural Resources SB 295 Water and Land Use TO THE HONORABLE PRESIDENT OF THE SENATE SB 296 Revenue OF THE 72nd LEGISLATIVE ASSEMBLY SB 297 Judiciary ORS 461.150 provides that the Governor shall appoint the SB 298 Judiciary Director of Oregon State Lottery, subject to Senate SB 299 Judiciary confirmation, in the manner provided by ORS 171.562 and SB 300 Judiciary ORS 171.565. SB 301 Judiciary I appoint Brenda Rocklin of Salem as the Director of the SB 302 Judiciary Oregon State Lottery for a term beginning January 31, SB 303 Judiciary 2003, and serving at the pleasure of the Governor, effective SB 304 Judiciary upon Senate confirmation. SB 305 Judiciary This appointment is submitted for your consideration. SB 306 Judiciary Sincerely, SB 307 Judiciary Ted Kulongoski SB 308 Judiciary Governor SB 310 Water and Land Use SB 311 Water and Land Use HB 2035, 2087, 2114, 2157, 2185 -- Message from SB 312 Transportation and Economic Development the House announcing passage. SB 313 Revenue HB 2001 General Government Committee Report Summary No. 10 listing the HB 2052 General Government following reports was distributed to members today. HB 2175 General Government Summary list recorded in Journal and Status Report HB 2200 Agriculture and Natural Resources by order of the President. HB 2215 Transportation and Economic Development HB 2265 Transportation and Economic Development SB 244 -- Report by Committee on Business and Senate adjourned until 11:00 a.m. Wednesday by Labor recommending passage. unanimous consent at the request of the Chair. SB 252 -- Report by Committee on Business and Labor recommending passage with amendments and Wednesday, February 5, 2003 -- Morning Session be placed on the Unanimous Consent Calendar.

Senate convened at 11:00 a.m. Brown in Chair. HJR 6 -- Report by Committee on Human The following members were present: Atkinson, Resources recommending adoption. Beyer, Burdick, Clarno, Corcoran, Deckert, Devlin, Ferrioli, Fisher, George, Gordly, Hannon, Messerle, SB 339, 340, 341, 342, 343, 344, 345 -- Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Introduced, read first time and referred to President’s Shields, Starr, B., Starr, C., Walker, Winters, desk. President Courtney; attending legislative business -- Carter, Dukes, Harper, Schrader. Colors were posted SB 244 -- Read second time and passed to third and the Senate pledged allegiance to the flag. reading. Invocation by Reverend Bill Cavanah of St. Paul’s Episcopal Church, Salem. HB 2035, 2087, 2114, 2157, 2185 -- Read first time and referred to President’s desk. The following messages from the Governor were read and referred to the Committee on Rules. HJR 6 -- Read second time and passed to third February 4, 2003 reading. TO THE HONORABLE PRESIDENT OF THE SENATE SB 182 -- Read third time under Unanimous OF THE 72nd LEGISLATIVE ASSEMBLY Consent Calendar. Carried by Deckert. On passage of SENATE JOURNAL SJ-49

bill the vote was: Ayes, 26; attending legislative SB 81, 222, 226, 252 -- Read second time and business, 4—Carter, Dukes, Harper, Schrader. passed to third reading.

SB 192 -- Read third time under Unanimous SB 244 -- Read third time. Carried by Nelson. Consent Calendar. Carried by Minnis. On passage of On passage of bill the vote was: Ayes, 30. Bill passed. bill the vote was: Ayes, 28; attending legislative business, 2—Carter, Dukes. HB 2055, 2169, 2214, 2261 -- Read first time and referred to President’s desk. SB 193 -- Read third time under Unanimous Consent Calendar. Carried by Minnis. On passage of Senate recessed until 11:30 a.m. by unanimous bill the vote was: Ayes, 28; attending legislative consent on motion of Beyer. business, 2—Carter, Dukes. Senate reconvened at 11:30 a.m. Clarno in Chair. Senate adjourned until 11:00 a.m. Thursday by All present except Dukes, attending legislative unanimous consent at the request of the Chair. business.

Thursday, February 6, 2003 -- Morning Session Senate, having recessed following the order of Second Reading of House Measures, resumed under the general order of business by unanimous consent Senate convened at 11:00 a.m. Clarno in Chair. at the request of the Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, Deckert, HJR 6 -- Read final time. Carried by Morrisette. Devlin, Dukes, Ferrioli, Fisher, George, Gordly, On adoption of resolution, the vote was: Ayes, 26; Hannon, Harper, Messerle, Morrisette, Morse, nays, 3—Beyer, George, Starr, C.; attending Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., legislative business, 1—Dukes. Resolution adopted. Walker, Winters, President Courtney; attending legislative business -- Metsger, Minnis. Colors were SB 163 -- Read third time under Unanimous posted and the Senate pledged allegiance to the flag. Consent Calendar. Carried by Brown. On passage of Invocation by Senator Bill Fisher, Roseburg. Musical bill the vote was: Ayes, 29; attending legislative performance by Portland Adventist Academy Choir, business, 1—Dukes. Bill passed. Portland. SB 199 -- Read third time under Unanimous HB 2055, 2169, 2214, 2261 -- Message from the Consent Calendar. Carried by Nelson. On passage of House announcing passage. bill the vote was: Ayes, 29; attending legislative business, 1—Starr, C. Bill passed. Committee Report Summary No. 11 listing the following reports was distributed to members today. SB 200 -- Read third time under Unanimous Summary list recorded in Journal and Status Report Consent Calendar. Carried by Walker. On passage of by order of the President. bill the vote was: Ayes, 29; attending legislative business, 1—Starr, C. Bill passed. SB 81 -- Report by Committee on Judiciary recommending passage and be placed on the SB 234 -- Read third time under Unanimous Unanimous Consent Calendar. Consent Calendar. Carried by Beyer. On passage of bill the vote was: Ayes, 29; attending legislative SB 134 -- Report by Committee on General business, 1—Starr, C. Bill passed. Government recommending passage with amendments. The following measures were referred to committee on February 5 and recorded on Committee SB 135 -- Report by Committee on General Referral List No. 12 which was distributed to Government recommending passage with members. Referral list recorded in the Journal and amendments. Status Report by order of the President.

SB 222 -- Report by Committee on Revenue SB 309 Health Policy recommending passage and be placed on the SB 314 Judiciary Unanimous Consent Calendar. SB 315 Judiciary SB 326 Human Resources; Ways and Means SB 226 -- Report by Committee on Revenue HB 2064 Judiciary recommending passage and be placed on the HB 2132 Judiciary Unanimous Consent Calendar. HB 2140 General Government HB 2170 General Government SB 346, 347, 348, 349, 350, 351, 352, 353, 354 -- Introduced, read first time and referred to President’s Director of the Department of Agriculture (ORS desk. 561.010) Katy Coba Rules

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SB 68 -- Report by Committee on Judiciary Director Oregon State Lottery (ORS 461.150) recommending passage and be placed on the Unanimous Consent Calendar. Brenda Rocklin Rules SB 105 -- Report by Committee on Judiciary Senate adjourned until 8:30 a.m. Friday by recommending passage and be placed on the unanimous consent at the request of the Chair. Unanimous Consent Calendar.

Friday, February 7, 2003 -- Morning Session SB 106 -- Report by Committee on Judiciary recommending passage and be placed on the Unanimous Consent Calendar. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present Beyer, SB 111 -- Report by Committee on Judiciary Brown, Burdick, Carter, Clarno, Corcoran, Deckert, recommending passage. Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, SB 227 -- Report by Committee on Revenue Morrisette, Morse, Nelson, Ringo, Schrader, Shields, recommending passage and be placed on the Starr, B., Walker, Winters; excused -- Atkinson, Starr, C. Colors were posted and the Senate pledged Unanimous Consent Calendar. allegiance to the flag. Invocation by Charlie Wallace, Chaplain of Willamette University, Salem. SB 321 -- Report by Committee on General Government recommending passage. The following message from the Governor was read and referred to the Committee on Rules: SB 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366 -- Introduced, read first time and February 6, 2003 referred to President’s desk. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY SB 59, 65, 67, 68, 105, 106, 111, 134, 135, 227, 321 -- Read second time and passed to third reading. ORS 285A.040 provides that the Governor shall appoint the members of the Oregon Economic and Community Development Commission, subject to Senate confirmation, HCR 2; HB 2005, 2192, 2216 -- Read first time in the manner provided by ORS 171.562 and ORS 171.565. and referred to President’s desk. I appoint Jack Isselman of Portland as a member of the SB 130 -- Read third time under Unanimous Oregon Economic and Community Development Commission for an unexpired four-year term beginning Consent Calendar. Carried by Deckert. On passage of February 6, 2003, and ending June 30, 2005, effective upon bill the vote was: Ayes, 27; excused, 3—Atkinson, Senate confirmation. Ringo, Starr, C. Bill passed.

This appointment is submitted for your consideration. SB 158 -- Read third time under Unanimous Sincerely, Consent Calendar. Carried by Walker. On passage of Ted Kulongoski bill the vote was: Ayes, 27; excused, 3—Atkinson, Governor Ringo, Starr, C. Bill passed. HB 2005, 2192, 2216 -- Message from the House announcing passage. SB 191 -- Read third time under Unanimous Consent Calendar. Carried by Morrisette. On HCR 2 -- Message from the House announcing passage of bill the vote was: Ayes, 27; excused, 3— adoption. Atkinson, Ringo, Starr, C. Bill passed.

Committee Report Summary No. 12 listing the The following measures were referred to following reports was distributed to members today. committee on February 6 and recorded on Committee Summary list recorded in Journal and Status Report Referral List No. 13 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 59 -- Report by Committee on Judiciary SB 10 Education recommending passage and be placed on the Unanimous Consent Calendar. SB 316 Education SB 317 Water and Land Use SB 65 -- Report by Committee on Judiciary SB 318 Rules recommending passage and be placed on the SB 319 Rules Unanimous Consent Calendar. SB 320 Judiciary SB 322 Revenue SB 67 -- Report by Committee on Judiciary SB 323 General Government recommending passage. SB 324 Health Policy; Ways and Means SB 325 General Government SENATE JOURNAL SJ-51

SB 327 Revenue SB 111 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 27; excused, 2— Senate adjourned until 11:00 a.m. Monday by Atkinson, Morrisette; attending legislative business, unanimous consent at the request of the Chair. 1—Schrader. Bill passed.

Monday, February 10, 2003 -- Morning Session SB 134 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 27; excused, 2—Atkinson, Morrisette; attending Senate convened at 11:00 a.m. President legislative business, 1—Schrader. Bill passed. Courtney in Chair. The following members were present: Beyer, Brown, Burdick, Carter, Clarno, SB 135 A-Eng. -- Read third time. Carried by Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Morse. On passage of bill the vote was: Ayes, 27; Hannon, Harper, Messerle, Metsger, Minnis, Morse, excused, 2—Atkinson, Morrisette; attending Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., legislative business, 1—Carter. Bill passed. Winters; absent -- Corcoran, Deckert, Walker; excused -- Atkinson, Morrisette. Colors were posted SB 321 -- Read third time. Carried by Messerle. and the Senate pledged allegiance to the flag. On passage of bill the vote was: Ayes, 27; excused, 2— Invocation by Dennis Lind, Portland. Musical Atkinson, Morrisette; attending legislative business, performance by Cascade College Concert Choir, 1—Carter. Bill passed. Portland. (Dukes in Chair) HB 2001 -- Read second time and passed to third Committee Report Summary No. 13 listing the reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 252 -- Read third time under Unanimous by order of the President. Consent Calendar. Carried by Nelson. Rereferred to Committee on Business and Labor by voice vote on SB 13 -- Report by Committee on Human motion of Nelson. Resources recommending passage. The following measures were referred to SB 34 -- Report by Committee on Business and committee on February 7 and recorded on Committee Labor recommending passage with amendments and Referral List No. 14 which was distributed to be placed on the Unanimous Consent Calendar. members. Referral list recorded in the Journal and Subsequent referral to Ways and Means rescinded by Status Report by order of the President. order of the President in agreement with the President Pro Tempore. SB 328 Business and Labor SB 329 General Government; Ways and Means SB 80 -- Report by Committee on Transportation SB 330 Education and Economic Development recommending passage SB 331 Revenue with amendments and be placed on the Unanimous SB 332 Judiciary Consent Calendar and requesting subsequent referral SB 333 General Government; Ways and Means to Committee on Ways and Means be rescinded. SB 334 Business and Labor; Ways and Means Subsequent referral rescinded by order of the SB 335 Business and Labor; Ways and Means President in agreement with the President Pro Tempore. SB 336 Water and Land Use SB 337 Education; Ways and Means SB 187 -- Report by Committee on SB 338 Education; Ways and Means Transportation and Economic Development SB 339 Health Policy; Ways and Means recommending passage and be placed on the SB 340 Education Unanimous Consent Calendar. SB 341 Business and Labor SB 342 Judiciary HB 2001 -- Report by Committee on General SB 343 Business and Labor Government recommending passage of the A- SB 344 Revenue engrossed bill. SB 345 Education; Ways and Means HB 2035 Transportation and Economic Development SB 1, 367, 368, 369, 370, 371, 372, 373, 374, 375 - HB 2087 Judiciary - Introduced, read first time and referred to HB 2114 Judiciary President’s desk. HB 2157 Health Policy HB 2185 Revenue SB 13, 187 -- Read second time and passed to third reading. Oregon Economic and Community Development Commission (ORS 285A.040) SB 67 -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 27; excused, 2— Jack Isselmann Rules Atkinson, Morrisette; attending legislative business, Senate adjourned until 11:00 a.m. Tuesday by 1—Schrader. Bill passed. unanimous consent at the request of the Chair.

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Tuesday, February 11, 2003 -- Morning Session SB 81 -- Read third time under Unanimous Consent Calendar. Carried by Minnis. On passage of bill the vote was: Ayes, 28; excused, 1—Atkinson; Senate convened at 11:00 a.m. Beyer in Chair. attending legislative business, 1 – George. Bill The following members were present: Brown, Carter, passed. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Gordly, Hannon, Harper, Messerle, Metsger, SB 222 -- Read third time under Unanimous Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Consent Calendar. Carried by Corcoran. On passage Shields, Starr, B., Starr, C., Walker, Winters; of bill the vote was: Ayes, 28; excused, 1—Atkinson; President Courtney; excused -- Atkinson, Burdick, attending legislative business, 1 – George. Bill George. Colors were posted and the Senate pledged passed. allegiance to the flag. Invocation by Pastor Dan Bryant, First Christian Church, Eugene. SB 226 -- Read third time under Unanimous Consent Calendar. Carried by Ringo. On passage of Courtesies of the Senate were extended to former bill the vote was: Ayes, 28; excused, 1—Atkinson; State Senator Rod Johnson at the request of the attending legislative business, 1 – George. Bill Chair. passed.

HB 2027, 2257, 2317, 2321 -- Message from the The following measures were referred to House announcing passage. committee on February 10 and recorded on Committee Referral List No. 15 which was Committee Report Summary No. 14 listing the distributed to members. Referral list recorded in the following reports was distributed to members today. Journal and Status Report by order of the President. Summary list recorded in Journal and Status Report by order of the President. SB 346 General Government; Ways and Means SB 347 General Government SB 180 -- Report by Committee on SB 348 Judiciary Transportation and Economic Development SB 349 Human Resources recommending passage with amendments and requesting subsequent referral to Committee on Ways SB 350 Education and Means be rescinded. Subsequent referral SB 351 Agriculture and Natural Resources rescinded by order of the President in agreement with SB 352 Judiciary the President Pro Tempore. SB 353 Business and Labor SB 354 General Government; Ways and Means SB 204 -- Report by Committee on Agriculture SB 358 Transportation and Economic Development; Ways and Natural Resources recommending passage. and Means HB 2052 -- Report by Committee on General SB 359 Transportation and Economic Development; Ways Government recommending passage. and Means SB 360 Transportation and Economic Development; Ways SB 376, 377, 378, 379, 380, 381, 382, 383, 384, and Means 385, 386, 387, 388, 389, 390, 391, 392, 393, 394 -- SB 361 Transportation and Economic Development; Introduced, read first time and referred to President’s Revenue desk. SB 362 Transportation and Economic Development; SB 34, 80, 204 -- Read second time and passed to Revenue third reading. SB 363 Transportation and Economic Development; Ways and Means SB 13 -- Read third time. Carried by Morrisette. HB 2055 Business and Labor On passage of bill the vote was: Ayes, 28; excused, 1— HB 2169 General Government Atkinson; attending legislative business, 1 – George. HB 2214 Transportation and Economic Development Bill passed. HB 2261 Transportation and Economic Development HB 2027, 2257, 2317, 2321 -- Read first time and Senate adjourned until 11:00 a.m. Wednesday by referred to President’s desk. unanimous consent at the request of the Chair.

HB 2052 -- Read second time and passed to third Wednesday, February 12, 2003 -- Morning Session reading.

HB 2001 A-Eng. -- Read third time. Carried by Senate convened at 11:00 a.m. President Corcoran, Minnis. On passage of bill the vote was: Courtney in Chair. The following members were Ayes, 28; excused, 1—Atkinson; attending legislative present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, business, 1 – George. Bill passed. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, SENATE JOURNAL SJ-53

Winters. Colors were posted and the Senate pledged HB 2140, 2175 -- Read second time and passed to allegiance to the flag. Invocation by Reverend Paul third reading. Robinson, Congregational United Church of Christ, Medford. HB 2052 -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 27; excused, 1— SB 153; HB 2176, 2295 -- Message from the Shields; attending legislative business, 2—Deckert, House announcing passage. George. Bill passed.

Senate recessed until 11:57 a.m. by unanimous SB 59 -- Read third time under Unanimous consent on motion of Beyer. Consent Calendar. Carried by Walker. On passage of bill the vote was: Ayes, 27; excused, 1—Shields; Senate reconvened at 11:57 a.m. President attending legislative business, 2—Deckert, George. Courtney in Chair. All present except Metsger, Bill passed. Morrisette, excused; Carter, Deckert, attending legislative business. SB 65 -- Read third time under Unanimous Consent Calendar. Carried by Ringo. On passage of Senate, having recessed following the order of bill the vote was: Ayes, 27; excused, 1—Shields; Reports from Conference Committees, resumed under attending legislative business, 2—Deckert, George. the general order of business by unanimous consent Bill passed. at the request of the Chair. SB 68 -- Read third time under Unanimous Committee Report Summary No. 15 listing the Consent Calendar. Carried by Ringo. On passage of following reports was distributed to members today. bill the vote was: Ayes, 28; excused, 1—Shields; Summary list recorded in Journal and Status Report attending legislative business, 1—Deckert. Bill by order of the President. passed.

SB 147 -- Report by Committee on Revenue SB 105 -- Read third time under Unanimous recommending passage. Consent Calendar. Carried by Starr, C. On passage of bill the vote was: Ayes, 27; excused, 1—Shields; attending legislative business, 2—Deckert, Ringo. Bill SB 203 -- Report by Committee on Agriculture passed. and Natural Resources recommending passage with amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. SB 106 -- Read third time under Unanimous Subsequent referral rescinded by order of the Consent Calendar. Carried by Burdick. On passage of President in agreement with the President Pro bill the vote was: Ayes, 25; excused, 1—Shields; Tempore. attending legislative business, 4—Carter, Deckert, Ringo, Winters. Bill passed. SB 223 -- Report by Committee on Revenue recommending passage and be placed on the SB 227 -- Read third time under Unanimous Unanimous Consent Calendar. Consent Calendar. Carried by Starr, B. On passage of bill the vote was: Ayes, 23; nays, 2—Dukes, Gordly; excused, 1—Shields; attending legislative business, SB 224 -- Report by Committee on Revenue 4—Carter, Deckert, Ringo, Winters. Bill passed. recommending passage. The following measures were referred to HB 2140 A-Eng. -- Report by Committee on committee on February 11 and recorded on General Government recommending passage of the A- Committee Referral List No. 16 which was distributed engrossed bill and be placed on the Unanimous to members. Referral list recorded in the Journal and Consent Calendar. Status Report by order of the President. HB 2175 -- Report by Committee on General SB 355 Business and Labor Government recommending passage and be placed on SB 356 Judiciary; Ways and Means the Unanimous Consent Calendar. SB 357 Health Policy; Ways and Means SJR 6; SB 9, 395, 396, 397, 398, 399, 400, 401, SB 364 Water and Land Use 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, SB 365 General Government 413, 414 -- Introduced, read first time and referred to SB 366 Judiciary President’s desk. HCR 2 Rules SB 147, 180, 223, 224 -- Read second time and HB 2005 General Government passed to third reading. HB 2192 General Government HB 2216 Transportation and Economic Development SB 204 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 27; excused, 1— SB 153; HB 2001 -- President Courtney signed Shields; attending legislative business, 2—Deckert, on February 12. George. Bill passed. Senate adjourned until 11:00 a.m. Thursday by HB 2176, 2295 -- Read first time and referred to unanimous consent at the request of the Chair. President’s desk.

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Thursday, February 13, 2003 -- Morning Session LEGISLATIVE COUNSEL COMMITTEE Senator Kate Brown, Co-Chair Senate convened at 11:00 a.m. President Senator Beverly Clarno, Co-Chair Courtney in Chair. The following members were Senator Roger Beyer present: Atkinson, Beyer, Brown, Burdick, Carter, Senator Ginny Burdick Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Senator John Minnis Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Senator Charlie Ringo Schrader, Starr, C., Shields, Walker, Winters; Senate adjourned until 8:30 a.m. Friday by attending legislative business -- Starr, B. Colors were unanimous consent at the request of the Chair. posted and the Senate pledged allegiance to the flag. Invocation by Rabbi Frank Rosenthal from the Rose Schnitzer Manor, Portland. Friday, February 14, 2003 -- Morning Session

SB 133, 148; HB 5075; 2098 -- Message from the House announcing passage. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Carter, Clarno, HB 2001 -- Message from the House announcing Corcoran, Devlin, Dukes, Ferrioli, Fisher, George, the Speaker signed on February 12. Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, SB 415, 416, 417, 418, 419, 420, 421, 422, 423, Walker, Winters; excused -- Burdick, Deckert, Starr, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, B., Starr, C. Colors were posted and the Senate 435, 436 -- Introduced, read first time and referred to pledged allegiance to the flag. Invocation by Serena President’s desk. Stoudamire, Portland.

SB 203 -- Read second time and passed to third SB 150; HB 2044, 2314, 2316, 2318, 2319, 2322 -- reading. Message from the House announcing passage.

SB 147 -- Read third time. Carried by Deckert. Committee Report Summary No. 16 listing the On passage of bill the vote was: Ayes, 28; nays, 1-- following reports was distributed to members today. Beyer; attending legislative business, 1—Starr, B. Summary list recorded in Journal and Status Report Bill passed. by order of the President.

SB 180 A-Eng. -- Read third time. Carried by Report by Committee on Rules recommending Metsger. On passage of bill the vote was: Ayes, 27; that the Governor’s appointment of Brenda Rocklin as nays, 2--Beyer, Nelson; attending legislative business, the Director of Oregon State Lottery be confirmed. 1—Starr, B. Bill passed. Committee Report Summary No. 17 listing the SB 224 -- Read third time. Carried by Ferrioli. following reports was distributed to members today. On passage of bill the vote was: Ayes, 29; attending Summary list recorded in Journal and Status Report legislative business, 1—Starr, B. Bill passed. by order of the President.

HB 5075; 2098 -- Read first time and referred to SB 241 -- Report by Committee on Agriculture President’s desk. and Natural Resources recommending passage with amendments. SB 34 A-Eng. -- Read third time under Unanimous Consent Calendar. Carried by Nelson. SB 242 -- Report by Committee on Agriculture On passage of bill the vote was: Ayes, 29; attending and Natural Resources recommending passage with legislative business, 1—Starr, B. Bill passed. amendments.

SB 80 A-Eng. -- Read third time under SB 247 -- Report by Committee on Unanimous Consent Calendar. Carried by Metsger. Transportation and Economic Development On passage of bill the vote was: Ayes, 29; attending recommending passage and be placed on the legislative business, 1—Starr, B. Bill passed. Unanimous Consent Calendar.

SB 187 -- Read third time under Unanimous Rules suspended by unanimous consent in order Consent Calendar. Carried by Starr, B. On passage to take action immediately on the Governor's of bill the vote was: Ayes, 30. Bill passed. appointment. Brown moved that the Senate confirm the Governor’s appointment of Brenda Rocklin as the President Courtney announced the following Director of Oregon State Lottery On confirmation the committee assignments effective February 12. vote was: Ayes, 25; excused, 5 – Burdick, Deckert, Nelson, Starr, B., Starr, C. Confirmed. SENATE JOURNAL SJ-55

SJR 7; SB 8, 437, 438, 439, 440, 441, 442, 443, Monday, February 17, 2003 -- Morning Session 444, 445, 446, 447, 448, 449, 450, 451, 452 -- Introduced, read first time and referred to President’s desk. (Hannon in Chair) Senate convened at 11:00 a.m. President Courtney in Chair. The following members were SB 247 -- Read second time and passed to third present: Atkinson, Beyer, Brown, Burdick, Carter, reading. Clarno, Corcoran, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger Minnis, Morrisette, Morse, Nelson, Ringo, Shields, SB 203 A-Eng. -- Read third time. Carried by Starr, B., Starr, C., Walker; Winters; excused -- Schrader. On passage of bill the vote was: Ayes, 24; Deckert; attending legislative business -- Schrader. excused, 6 – Burdick, Deckert, Nelson, Ringo, Starr, Colors were posted and the Senate pledged allegiance B., Starr, C. Bill passed. to the flag. Invocation by John G. Vlazny, Catholic Archbishop, Portland. HB 2044, 2314, 2316, 2318, 2319, 2322 -- Read first time and referred to President’s desk. Committee Report Summary No. 18 listing the following reports was distributed to members today. The following measures were referred to Summary list recorded in Journal and Status Report committee on February 13 and recorded on by order of the President. Committee Referral List No. 17 which was distributed to members. Referral list recorded in the SB 251 -- Report by Committee on Water and Journal and Status Report by order of the President. Land Use recommending passage with amendments. SB 367 Business and Labor SB 368 Health Policy Report by Committee on Rules recommending that the Governor’s appointment of Katy Coba as the SB 369 Education; Ways and Means Director of Department of Agriculture be confirmed. SB 370 Education; Ways and Means SB 371 Business and Labor; Ways and Means SJR 8, 9, 10, 11; SB 453, 454, 455, 456, 457, 463 - SB 372 Education; Ways and Means - Introduced, read first time and referred to SB 373 Judiciary President’s desk. SB 374 Education SB 375 Business and Labor SB 241, 242 -- Read second time and passed to third reading. SB 376 Agriculture and Natural Resources SB 377 Agriculture and Natural Resources SB 223 -- Read third time. Rereferred to SB 378 Water and Land Use; Ways and Means Committee on Revenue by voice vote on motion of SB 379 Rules Ringo. SB 380 Rules SB 381 Business and Labor HB 2140 A-Eng. -- Read third time under SB 382 Revenue Unanimous Consent Calendar. Carried by Starr, B. On passage of bill the vote was: Ayes, 28; excused, 1 SB 383 General Government; Ways and Means – Deckert; attending legislative business, 1 – SB 384 Agriculture and Natural Resources Schrader. Bill passed. SB 385 Agriculture and Natural Resources SB 386 Judiciary HB 2175 -- Read third time under Unanimous SB 387 Transportation and Economic Development Consent Calendar. Carried by Minnis. On passage of SB 388 Education bill the vote was: Ayes, 28; excused, 1 – Deckert; attending legislative business, 1 – Schrader. Bill SB 389 Education; Ways and Means passed. SB 390 Human Resources SB 391 Revenue Senate adjourned until 11:00 a.m. Tuesday by SB 392 Health Policy unanimous consent at the request of the Chair. SB 393 Human Resources SB 394 Transportation and Economic Development Tuesday, February 18, 2003 -- Morning Session HB 5075 Ways and Means HB 2027 Revenue HB 2257 Water and Land Use Senate convened at 11:00 a.m. Atkinson in Chair. The following members were present: Beyer, HB 2317 General Government Brown, Burdick, Carter, Clarno, Corcoran, Deckert, HB 2321 Business and Labor Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Senate adjourned until 11:00 a.m. Monday by Hannon, Harper, Metsger, Minnis, Morse, Nelson, unanimous consent at the request of the Chair. Ringo, Shields, Starr, B., Starr, C., Walker, Winters; attending legislative business -- Messerle, Morrisette, Schrader, President Courtney. Colors were posted and the Senate pledged allegiance to the flag.

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Invocation by Reverend Ed Lykens of the Church of SB 242 A-Eng. -- Read third time. Carried by the Nazarene, Prineville. Fisher. On passage of bill the vote was: Ayes, 26; nays, 1 – Hannon; attending legislative business, 3 – HB 2133, 2134, 2135, 2136, 2159, 2173, 2211, Messerle, Schrader, President Courtney. Bill passed. 2223, 2424 -- Message from the House announcing passage. HJR 4; HB 2133, 2134, 2135, 2136, 2159, 2173, 2211, 2223, 2424 -- Read first time and referred to HJR 4 -- Message from the House announcing President’s desk. adoption. The following measures were referred to Committee Report Summary No. 19 listing the committee on February 17 and recorded on following reports was distributed to members today. Committee Referral List No. 18 which was Summary list recorded in Journal and Status Report distributed to members. Referral list recorded in the by order of the President. Journal and Status Report by order of the President. SJR 6 Human Resources SB 250 -- Report by Committee on Business and Labor recommending passage with amendments. SB 1 Health Policy SB 9 Human Resources SB 291 -- Report by Committee on Agriculture SB 395 Business and Labor and Natural Resources recommending passage. SB 396 General Government SB 397 Judiciary SB 359 -- Report by Committee on SB 398 Water and Land Use Transportation and Economic Development SB 399 Water and Land Use recommending passage. Referred to Committee on Ways and Means by prior reference. SB 400 Judiciary SB 401 Human Resources SB 360 -- Report by Committee on SB 402 Judiciary Transportation and Economic Development SB 403 Human Resources recommending passage. Referred to Committee on SB 404 Human Resources Ways and Means by prior reference. SB 405 Education; Ways and Means SB 406 Business and Labor SB 361 -- Report by Committee on Transportation and Economic Development without SB 407 Business and Labor recommendation as to passage. Referred to SB 408 Business and Labor Committee on Revenue by prior reference. SB 409 Business and Labor SB 410 Business and Labor SB 362 -- Report by Committee on SB 411 Business and Labor; Ways and Means Transportation and Economic Development without SB 412 Business and Labor recommendation as to passage. Referred to Committee on Revenue by prior reference. SB 413 Education; Ways and Means SB 414 Human Resources SB 363 -- Report by Committee on SB 415 Revenue Transportation and Economic Development SB 416 Agriculture and Natural Resources recommending passage. Referred to Committee on SB 417 Transportation and Economic Development Ways and Means by prior reference. SB 418 Water and Land Use SB 419 Business and Labor Burdick moved that the Senate confirm the Governor's appointment of Katy Coba as the Director SB 420 Transportation and Economic Development of the Department of Agriculture. On confirmation SB 421 Judiciary the vote was: Ayes, 27; attending legislative business, SB 422 Business and Labor 3 – Messerle, Schrader, President Courtney. SB 423 Transportation and Economic Development Confirmed. SB 424 Human Resources; Ways and Means SB 425 Transportation and Economic Development SJR 12; SB 458, 459, 460, 461, 462, 464, 470, 476, 479, 480 -- Introduced, read first time and SB 426 Judiciary referred to President’s desk. SB 427 Human Resources; Ways and Means SB 428 Judiciary; Ways and Means SB 251, 291 -- Read second time and passed to SB 429 Judiciary third reading. SB 430 Agriculture and Natural Resources; Ways and Means SB 241 A-Eng. -- Read third time. Carried by SB 431 Judiciary Beyer. Potential conflict of interest declared by Beyer. On passage of bill the vote was: Ayes, 26; nays, 1 – SB 432 Revenue Hannon; attending legislative business, 3 –Messerle, SB 433 Transportation and Economic Development Schrader, President Courtney. Bill passed. SB 434 Health Policy SENATE JOURNAL SJ-57

SB 435 Health Policy SB 76 -- Report by Committee on Business and SB 436 Health Policy Labor without recommendation as to passage. Referred to Committee on Revenue by prior reference. HB 2098 Business and Labor HB 2176 Transportation and Economic Development SB 83 -- Report by Committee on Transportation HB 2295 Business and Labor and Economic Development recommending passage with amendments and requesting subsequent referral to Committee on Revenue be rescinded. Subsequent The Chair announced that President Courtney referral rescinded by order of the President in made the following committee assignments effective agreement with the President Pro Tempore. February 14. SB 127 -- Report by Committee on Education CENTER FOR RESEARCH ON OCCUPATIONAL AND recommending passage. ENVIRONMENTAL TOXICOLOGY (CROET) SB 173 -- Report by Committee on Revenue ADVISORY COMMITTEE. (ORS 353.460) recommending passage and be placed on the Senator David Nelson Unanimous Consent Calendar. Senator Frank Shields SB 183 -- Report by Committee on The Chair announced that President Courtney Transportation and Economic Development made the following committee assignment effective recommending passage. February 18. SB 188 -- Report by Committee on Transportation and Economic Development COMMISSION ON INDIAN SERVICES (ORS 172.110) recommending passage. Senator Kate Brown Senate adjourned until 11:00 a.m. Wednesday by SB 198 -- Report by Committee on Business and unanimous consent at the request of the Chair. Labor recommending passage. SB 220 -- Report by Committee on Revenue Wednesday, February 19, 2003 -- Morning Session recommending passage.

Senate convened at 11:00 a.m. President SB 221 -- Report by Committee on Revenue Courtney in Chair. The following members were recommending passage. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli SJR 13, 14, 15; SB 465, 466, 467, 468, 469, 471, Fisher, Gordly, Hannon, Harper, Messerle, Metsger, 472, 473, 474, 475, 477, 478, 481, 482, 483, 484, 485, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, Shields, Starr, B., Starr, C., Walker, Winters; excused 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, -- George. Colors were posted and the Senate pledged 516, 542, 543, 544 -- Introduced, read first time and allegiance to the flag. Invocation by Chaplain Frank referred to President’s desk. Carpenter, Capitol Ministries of Oregon, Hillsboro. (Burdick in Chair) SB 127, 173, 183, 188, 198, 220, 221, 250 -- Read second time and passed to third reading. HB 2021, 2024, 2025, 2026, 2033, 2284, 2339, 2426, 2429 -- Message from the House announcing SB 251 A-Eng. -- Read third time. Carried by passage. Ferrioli. On passage of bill the vote was: Ayes, 29; excused, 1 – George. Bill passed. SB 153; HJR 6; HB 2052 -- Message from the House announcing the Speaker signed on February SB 291 -- Read third time. Carried by Ferrioli. 18. On passage of bill the vote was: Ayes, 23; nays, 6 – Burdick, Carter, Corcoran, Hannon, Morrisette, Committee Report Summary No. 20 listing the Walker; excused, 1 – George. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2021, 2024, 2025, 2026, 2033, 2284, 2339, by order of the President. 2426, 2429 -- Read first time and referred to President’s desk. SB 56 -- Report by Committee on Business and Labor without recommendation as to passage. SB 247 -- Read third time under Unanimous Referred to Committee on Human Resources and then Consent Calendar. Carried by Starr, B. On passage Committee on Ways and Means by prior reference. of bill the vote was: Ayes, 27; nays, 2 – Hannon, Referred to Committee on Human Resources by order Ringo; excused, 1 – George. Bill passed. of the President in agreement with the President Pro Tempore.

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The following measures were referred to SB 133, 148 -- Message from the House committee on February 18 and recorded on announcing the Speaker signed on February 19. Committee Referral List No. 19 which was distributed to members. Referral list recorded in the Committee Report Summary No. 21 listing the Journal and Status Report by order of the President. following reports was distributed to members today. SJR 7 Education; Revenue Summary list recorded in Journal and Status Report by order of the President. SB 8 General Government SB 437 Education; Ways and Means SB 228 -- Report by Committee on Revenue SB 438 Transportation and Economic Development recommending passage. SB 439 Water and Land Use SB 440 Health Policy SB 232 -- Report by Committee on Revenue SB 441 Transportation and Economic Development recommending passage and be placed on the SB 442 Business and Labor Unanimous Consent Calendar. SB 443 Transportation and Economic Development SB 444 General Government HB 2169 -- Report by Committee on General SB 445 General Government Government recommending passage. SB 446 General Government SB 447 Human Resources HB 2170 -- Report by Committee on General SB 448 Transportation and Economic Development; Ways Government recommending passage and be placed on and Means the Unanimous Consent Calendar. SB 449 Judiciary SB 450 Rules SJR 17, 18, 19; SM 2; SR 1; SB 2, 497, 498, 499, SB 451 Judiciary 500, 501, 502, 503, 504, 517, 518, 519, 520, 526, 527, SB 452 Judiciary 528, 529, 530, 532, 533, 534, 535, 536, 537, 538, 539, HB 2044 Rules 540, 541, 545, 546, 547, 548, 552, 553, 554, 555, 556, HB 2314 Judiciary 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, HB 2316 Judiciary 568, 571, 572, 573, 574, 578, 579 -- Introduced, read first time and referred to President’s desk. HB 2318 Judiciary HB 2319 Judiciary SB 83, 228, 232 -- Read second time and passed HB 2322 Judiciary to third reading. SB 133, 148 -- President Courtney signed on February 18. SB 127 -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 26; HJR 6; HB 2052 -- President Courtney signed on excused, 2 – Burdick, Ringo; attending legislative February 19. business, 2 – Morse, Starr, B. Bill passed.

Senate adjourned until 11:00 a.m. Thursday by SB 183 -- Moved to the foot of today's third unanimous consent at the request of the Chair. reading calendar by unanimous consent at the request of the Chair.

Thursday, February 20, 2003 -- Morning Session SB 188 -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 26; excused, 2 – Senate convened at 11:00 a.m. President Burdick, Ringo; attending legislative business, 2 – Courtney in Chair. The following members were Morse, Starr, B. Bill passed. present: Atkinson, Beyer, Brown, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, SB 198 -- Read third time. Carried by Nelson. George, Gordly, Hannon, Harper, Messerle, Metsger, On passage of bill the vote was: Ayes, 26; excused, 2 – Minnis, Morrisette, Nelson, Schrader, Shields, Starr, Burdick, Ringo; attending legislative business, 2 – C., Walker, Winters; excused -- Burdick, Ringo; Morse, Starr, B. Bill passed. attending legislative business -- Morse, Starr, B. Colors were posted and the Senate pledged allegiance SB 220 -- Read third time. Carried by Corcoran. to the flag. Invocation by Pastor Stephen P. Lewis of On passage of bill the vote was: Ayes, 26; excused, 2 – the Evergreen Presbyterian Church, Salem. Burdick, Ringo; attending legislative business, 2 – Morse, Starr, B. Bill passed. Courtesies of the Senate were extended to former State Representative Mike Burton at the request of SB 221 -- Read third time. Carried by Ferrioli. the Chair. On passage of bill the vote was: Ayes, 26; excused, 2 – Burdick, Ringo; attending legislative business, 2 – HB 2023, 2274 -- Message from the House Morse, Starr, B. Bill passed. announcing passage. SB 250 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; SENATE JOURNAL SJ-59

excused, 2 – Burdick, Ringo; attending legislative HB 2257 -- Report by Committee on Water and business, 2 – Morse, Starr, B. Bill passed. Land Use recommending passage and be placed on the Unanimous Consent Calendar. SB 183 -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 19; nays, 7 – Report by Committee on Rules recommending Atkinson, Beyer, Dukes, Fisher, George, Hannon, that the Governor’s appointment of Jack Isselmann to Messerle; excused, 2 – Burdick, Ringo; attending the Oregon Economic and Community Development legislative business, 2 – Morse, Starr, B. Bill passed. Commission be confirmed.

HB 2023, 2274 -- Read first time and referred to SCR 2; SJM 2; SJR 16, 20; SB 521, 522, 523, 524, President’s desk. 525, 531, 569, 570, 575, 576, 577, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, HB 2169, 2170 -- Read second time and passed to 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, third reading. 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618, 619, 620, 621, 622, 623, 624, 625, 634, 635 -- SB 150 -- President Courtney signed on Introduced, read first time and referred to President’s February 19. desk.

Senate adjourned until 8:30 a.m. Friday by SB 225, 238, 311, 353 -- Read second time and unanimous consent at the request of the Chair. passed to third reading. SB 83, 228 -- Carried over to February 24 Friday, February 21, 2003 -- Morning Session calendar by unanimous consent at the request of the Chair.

Senate convened at 8:30 a.m. President Courtney HB 2197, 2269, 2535 -- Read first time and in Chair. The following members were present: Beyer, referred to President’s desk. Brown, Carter, Clarno, Corcoran, Devlin, Ferrioli, Fisher, George, Gordly, Hannon, Messerle, Metsger, Minnis, Morse, Ringo, Shields, Starr, B., Starr, C., HB 2185, 2257 -- Read second time and passed to Walker, Winters; absent -- Deckert, Nelson; excused -- third reading. Atkinson, Burdick; attending legislative business -- Dukes, Harper, Morrisette, Schrader. Colors were HB 2169 -- Carried over to February 24 calendar posted and the Senate pledged allegiance to the flag. by unanimous consent at the request of the Chair. Invocation by Senator Bill Fisher, Roseburg. Senate adjourned until 11:00 a.m. Monday by Courtesies of the Senate were extended to former unanimous consent at the request of the Chair. State Representative Liz VanLeeuwen at the request of Morse. Monday, February 24, 2003 -- Morning Session HB 2197, 2269, 2535 -- Message from the House announcing passage. Senate convened at 11:00 a.m. President Pro Tempore Hannon in Chair. The following members Committee Report Summary No. 22 listing the were present: Atkinson, Beyer, Brown, Carter, following reports was distributed to members today. Clarno, Deckert, Devlin, Ferrioli, Fisher, Gordly, Messerle, Metsger, Minnis, Morrisette, Morse, Summary list recorded in Journal and Status Report Nelson, Ringo, Shields, Starr, B., Starr, C., Walker, by order of the President. Winters, President Courtney; absent -- Burdick, Corcoran, George; attending legislative business -- SB 225 -- Report by Committee on Revenue Dukes, Harper, Schrader. Colors were posted and the recommending passage. Senate pledged allegiance to the flag. Invocation by Father William Moisant of St. Mary, Star of the Sea, Astoria. SB 238 -- Report by Committee on Education recommending passage. SB 150 -- Message from the House announcing the Speaker signed on February 21. SB 311 -- Report by Committee on Water and Land Use recommending passage. Committee Report Summary No. 23 listing the following reports was distributed to members today. SB 353 -- Report by Committee on Business and Summary list recorded in Journal and Status Report Labor recommending passage. by order of the President.

HB 2185 -- Report by Committee on Revenue SB 71 -- Report by Committee on Judiciary recommending passage. recommending passage. SB 72 -- Report by Committee on Judiciary recommending passage with amendments.

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SB 161 -- Report by Committee on Human SB 225 -- Read third time. Carried by Corcoran. Resources recommending passage with amendments. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Brown, Dukes. Bill passed. SB 162 -- Report by Committee on Human Resources recommending passage with amendments. SB 238 -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 28; SB 167 -- Report by Committee on Judiciary attending legislative business, 2 – Brown, Dukes. Bill recommending passage. passed.

SB 174 -- Report by Committee on SB 311 -- Read third time. Carried by Ferrioli. Transportation and Economic Development On passage of bill the vote was: Ayes, 27; nays, 1 – recommending passage and be placed on the Beyer; attending legislative business, 2 – Brown, Unanimous Consent Calendar. Dukes. Bill passed.

SB 246 -- Report by Committee on SB 353 -- Read third time. Carried by Walker. Transportation and Economic Development On passage of bill the vote was: Ayes, 28; attending recommending passage and be placed on the legislative business, 2 – Brown, Dukes. Bill passed. Unanimous Consent Calendar. HB 2169 -- Read third time. Carried by Minnis. SB 393 -- Report by Committee on Human On passage of bill the vote was: Ayes, 28; attending Resources recommending passage. legislative business, 2 – Brown, Dukes. Bill passed.

Consideration of the Governor’s appointment of HB 2185 -- Read third time. Carried by Ringo. Jack Isselmann to the Oregon Economic and On passage of bill the vote was: Ayes, 28; attending Community Development Commission taken from its legislative business, 2 – Brown, Dukes. Bill passed. place on today’s third reading calendar and placed on February 25 calendar by voice vote on motion of SB 173 -- Read third time under Unanimous Brown. Consent Calendar. Carried by Corcoran. On passage of bill the vote was: Ayes, 28; attending legislative SCR 3; SJR 21, 22, 23; SM 1; SB 616, 617, 626, business, 2 – Brown, Dukes. Bill passed. 627, 628, 629, 630, 631, 632, 633, 636, 637, 638, 639, 640, 641, 642, 645, 646, 647, 648, 650, 651, 652, 653, The following measures were referred to 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, committee on February 21 and recorded on 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675 Committee Referral List No. 20 which was distributed -- Introduced, read first time and referred to to members. Referral list recorded in the Journal and President’s desk. Status Report by order of the President.

SB 71, 167, 174, 246, 393 -- Read second time SJR 8 Rules and passed to third reading. SJR 9 Rules SJR 10 Rules SB 83 A-Eng. -- Read third time. Carried by SJR 11 Rules Starr, B. SJR 12 Rules SB 453 Transportation and Economic Development Senate recessed until 11:55 a.m. by unanimous SB 454 Education; Ways and Means consent on motion of Clarno. SB 455 Education; Ways and Means SB 456 Education; Ways and Means Senate reconvened at 11:55 a.m. President Pro Tempore Hannon in Chair. All present except Dukes, SB 457 Rules attending legislative business. SB 458 Health Policy; Ways and Means SB 459 Judiciary; Ways and Means Senate, having recessed under the order of Third SB 460 Judiciary Reading of Senate Measures, resumed under that SB 461 Human Resources; Ways and Means order by unanimous consent at the request of the SB 462 Agriculture and Natural Resources Chair. SB 463 Business and Labor SB 464 Judiciary SB 83 -- Debate resumed. Call of the Senate demanded by Metsger joined by Gordly and Shields. SB 470 Human Resources All present except Dukes, attending legislative SB 476 Judiciary business. On passage of bill the vote was: Ayes, 17; SB 479 Transportation and Economic Development nays, 12 – Atkinson, Beyer, Ferrioli, Fisher, George, SB 480 Revenue Hannon, Harper, Messerle, Minnis, Morse, Ringo, HJR 4 Health Policy Winters; attending legislative business, 1 – Dukes. Bill passed. HB 2133 Revenue HB 2134 Revenue SB 228 -- Read third time. Carried by Deckert. HB 2135 Revenue On passage of bill the vote was: Ayes, 27; nays, 1 – HB 2136 Revenue Nelson; attending legislative business, 2 – Brown, HB 2159 Health Policy Dukes. Bill passed. HB 2173 Transportation and Economic Development HB 2211 Transportation and Economic Development HB 2223 Transportation and Economic Development SENATE JOURNAL SJ-61

HB 2424 Revenue of bill the vote was: Ayes, 28; attending legislative business, 2 – Brown, Clarno. Bill passed. (Burdick in The Chair announced that President Courtney Chair) made the following committee assignments effective February 20. HB 2170 -- Read third time under Unanimous Consent Calendar. Carried by Corcoran. On passage of bill the vote was: Ayes, 26; attending legislative BIOSCIENCE TASKFORCE business, 4 – Brown, Clarno, Hannon, President Courtney. Bill passed. Senator John Minnis Senator Charlie Ringo The following measures were referred to committee on February 24 and recorded on Senate adjourned until 11:00 a.m. Tuesday by Committee Referral List No. 21 which was distributed unanimous consent at the request of the Chair. to members. Referral list recorded in the Journal and Status Report by order of the President. Tuesday, February 25, 2003 -- Morning Session SJR 13 Rules SJR 14 Rules Senate convened at 11:00 a.m. Corcoran in SJR 15 Rules Chair. The following members were present: SB 2 Transportation and Economic Development Atkinson, Beyer, Burdick, Carter, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Harper, SB 465 Business and Labor Messerle, Metsger, Minnis, Morrisette, Morse, SB 466 Judiciary Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., SB 467 Transportation and Economic Development Walker, Winters; attending legislative business -- Brown, Clarno, Hannon, President Courtney. Colors SB 468 Transportation and Economic Development; Ways were posted and the Senate pledged allegiance to the and Means flag. Invocation by Pastor Steve Hopkins of the SB 469 Revenue Calvary Chapel, Salem. SB 471 Transportation and Economic Development; Ways SB 85; HB 2029, 2030, 2241 -- Message from the and Means House announcing passage. SB 472 Transportation and Economic Development SB 473 Transportation and Economic Development Atkinson moved that the Senate confirm the SB 474 Transportation and Economic Development; Ways Governor's appointment of Jack Isselmann to the Oregon Economic and Community Development and Means Commission. On confirmation the vote was: Ayes, 28; SB 475 Judiciary attending legislative business, 2 – Brown, Clarno. SB 477 Business and Labor; Ways and Means Confirmed. SB 478 General Government SJR 24, 32; SB 549, 550, 551, 643, 644, 649, 677, SB 481 Business and Labor 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, SB 482 Revenue 689, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, SB 483 General Government; Ways and Means 704, 705, 706, 707, 708, 709, 710, 711 -- Introduced, read first time and referred to President’s desk. SB 484 Judiciary SB 485 Judiciary SB 855, 856, 859 -- Introduced, read first time SB 486 Business and Labor and referred to Committee on Ways and Means. SB 487 Judiciary SB 488 Health Policy SB 72, 161, 162 -- Read second time and passed to third reading. SB 489 Health Policy SB 490 Education SB 71 -- Read third time. Carried by Ringo. On SB 491 Health Policy passage of bill the vote was: Ayes, 28; attending SB 492 Revenue legislative business, 2 – Brown, Clarno. Bill passed. SB 493 Revenue SB 167 -- Read third time. Carried by Burdick. SB 494 General Government On passage of bill the vote was: Ayes, 28; attending SB 495 General Government legislative business, 2 – Brown, Clarno. Bill passed. SB 496 Business and Labor SB 505 Judiciary SB 393 -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 26; nays, 1 – SB 506 Health Policy Hannon; excused, 1 – Burdick; attending legislative SB 507 Judiciary; Ways and Means business, 2 – Brown, Clarno. Bill passed. SB 508 Transportation and Economic Development; Ways and Means HB 2029, 2030, 2241 -- Read first time and referred to President’s desk. SB 509 Education; Ways and Means SB 510 Education SB 232 -- Read third time under Unanimous SB 511 Revenue Consent Calendar. Carried by Hannon. On passage SB 512 Judiciary

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SB 513 Rules 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, SB 514 Business and Labor 748, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, SB 515 Business and Labor 770, 771, 772, 773, 774, 775, 776, 777, 815, 816, 817, SB 516 Water and Land Use 818, 819 -- Introduced, read first time and referred to President’s desk. SB 542 Health Policy SB 543 General Government; Ways and Means SB 287 -- Read second time and passed to third SB 544 Judiciary reading. HB 2021 Human Resources HB 2024 Revenue SB 72 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 30. HB 2025 Revenue Bill passed. HB 2026 Revenue HB 2033 Agriculture and Natural Resources SB 161 A-Eng. -- Read third time. Carried by HB 2284 Judiciary Starr, C. On passage of bill the vote was: Ayes, 30. Bill passed. HB 2339 Revenue HB 2426 Judiciary Courtesies of the Senate were extended to former HB 2429 Business and Labor State Representative Monroe Sweetland at the request of the Chair. The Chair announced that President Courtney made the following committee assignment effective SB 162 A-Eng. -- Read third time. Carried by February 25. Brown. On passage of bill the vote was: Ayes, 30. Bill passed.

STATE WORKFORCE INVESTMENT BOARD HB 2111, 2113, 2161, 2163, 2245, 2252, 2487 -- Senator Margaret Carter Read first time and referred to President’s desk. Senate adjourned until 11:00 a.m. Wednesday by HB 2257 -- Read third time under Unanimous unanimous consent at the request of the Chair. Consent Calendar. Carried by Ferrioli. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Ringo, Walker. Bill passed. Wednesday, February 26, 2003 -- Morning Session The following measures were referred to Senate convened at 11:00 a.m. Gordly in Chair. committee on February 25 and recorded on The following members were present: Atkinson, Committee Referral List No. 22 which was distributed Beyer, Brown, Burdick, Carter, Clarno, Corcoran, to members today. Referral list recorded in the Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Journal and Status Report by order of the President. Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, SB 855 Ways and Means Starr, B., Starr, C., Walker, Winters, President SB 856 Ways and Means Courtney. Colors were posted and the Senate pledged SB 859 Ways and Means allegiance to the flag. Invocation by Pastor Jonathan Enz of the United Methodist Church, Monroe. The following measures were referred to committee on February 26 and recorded on HB 2111, 2113, 2161, 2163, 2245, 2252, 2487 -- Committee Referral List No. 23 which was distributed Message from the House announcing passage. to members today. Referral list recorded in the Journal and Status Report by order of the President. Committee Report Summary No. 24 listing the SJR 17 Rules following reports was distributed to members today. Summary list recorded in Journal and Status Report SJR 18 Revenue by order of the President. SJR 19 Rules SM 2 Rules SB 16 -- Report by Committee on Education SR 1 Rules recommending passage. Referred to Committee on Committee on Ways and Means by prior reference. SB 497 Judiciary SB 498 Education; Ways and Means SB 287 -- Report by Committee on Education SB 499 Water and Land Use; Ways and Means recommending passage and requesting subsequent SB 500 Agriculture and Natural Resources; Ways and referral to Committee on Ways and Means be rescinded. Subsequent referral rescinded by order of Means the President in agreement with the President Pro SB 501 Agriculture and Natural Resources; Ways and Tempore. Means SB 502 Revenue SB 374 -- Report by Committee on Education recommending passage with amendments. SB 503 Revenue SB 504 Business and Labor SJM 3; SJR 25, 26; SB 690, 691, 712, 713, 714, SB 517 Judiciary 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, SB 518 Transportation and Economic Development; Ways SENATE JOURNAL SJ-63

and Means Messerle, Minnis, Morrisette, Morse, Nelson, Starr, SB 519 Judiciary B., Starr, C., Walker; absent -- Brown, Burdick, Metsger, Ringo; excused -- Fisher; attending SB 520 Judiciary legislative business -- Carter, Harper, Schrader, SB 526 Business and Labor Shields, Winters. Colors were posted and the Senate SB 527 Judiciary pledged allegiance to the flag. Invocation by Reverend SB 528 Judiciary Stephen Whitney-Wise of the All Saints Episcopal SB 529 Education Church, Portland. SB 530 Judiciary Courtesies of the Senate were extended to former SB 532 Revenue State Senator Scott Duff at the request of the Chair. SB 533 Revenue SB 534 Business and Labor SB 148, 153 -- Message from the Governor SB 535 Business and Labor announcing he signed on February 26. SB 536 Judiciary SB 537 Judiciary HB 2262, 2439, 2474, 2622 -- Message from the SB 538 Water and Land Use; Ways and Means House announcing passage. SB 539 Health Policy; Ways and Means Committee Report Summary No. 25 listing the SB 540 Health Policy; Ways and Means following reports was distributed to members today. SB 541 Health Policy; Ways and Means Summary list recorded in Journal and Status Report SB 545 Education; Ways and Means by order of the President. SB 546 Business and Labor SB 547 General Government SB 164 -- Report by Committee on Human SB 548 General Government; Ways and Means Resources recommending passage with amendments. SB 552 Rules HB 2157 -- Report by Committee on Health SB 553 Judiciary; Ways and Means Policy recommending passage. SB 554 Human Resources SB 555 Business and Labor SJM 4; SJR 27, 28, 29, 30; SM 3; SB 692, 693, SB 556 Revenue 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, SB 557 Business and Labor 778, 779, 780, 781, 782, 784, 785, 786, 787, 789, 790, SB 558 Revenue 791, 792, 798, 799, 800, 801, 812, 813, 814, 820, 821, 823, 824, 825, 826, 827, 828, 830, 831, 832, 833, 834, SB 559 Business and Labor; Ways and Means 835, 836, 837, 838, 839, 840, 841, 842, 843, 845, 846, SB 560 Revenue 847, 848, 853 -- Introduced, read first time and SB 561 Judiciary referred to President’s desk. SB 562 Business and Labor SB 563 Business and Labor SB 374 -- Read second time and passed to third SB 564 Judiciary reading. SB 565 Rules SB 287 -- Read third time. Carried by Deckert. SB 566 General Government On passage of bill the vote was: Ayes, 20; nays, 3 – SB 567 Health Policy; Ways and Means Beyer, Hannon, Messerle; excused, 2 – Fisher, SB 568 Education; Ways and Means George; attending legislative business, 5 – Carter, SB 571 General Government Harper, Schrader, Shields, Winters. Bill passed. SB 572 General Government SB 573 Agriculture and Natural Resources HB 2262, 2439, 2474, 2622 -- Read first time and referred to President’s desk. SB 574 Transportation and Economic Development SB 578 Judiciary HB 2157 -- Read second time and passed to third SB 579 Judiciary reading. HB 2023 Revenue HB 2274 Judiciary SB 174 -- Read third time under Unanimous Consent Calendar. Carried by Nelson. On passage of Senate adjourned until 11:00 a.m. Thursday by unanimous consent at the request of the Chair. bill the vote was: Ayes, 23; excused, 2 – Fisher, George; attending legislative business, 5 – Carter, Harper, Schrader, Shields, Winters. Bill passed. Thursday, February 27, 2003 -- Morning Session SB 246 -- Read third time under Unanimous Consent Calendar. Carried by Metsger. On passage Senate convened at 11:00 a.m. President of bill the vote was: Ayes, 23; excused, 2 – Fisher, Courtney in Chair. The following members were George; attending legislative business, 5 – Carter, present: Atkinson, Beyer, Clarno, Corcoran, Deckert, Harper, Schrader, Shields, Winters. Bill passed. Devlin, Dukes, Ferrioli, George, Gordly, Hannon,

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Senate adjourned until 8:30 a.m. Friday by 808, 809, 810, 811, 822, 829, 844, 849, 850, 851, 852, unanimous consent at the request of the Chair. 854, 857, 858 -- Introduced, read first time and referred to President’s desk.

Friday, February 28, 2003 -- Morning Session SB 862 -- Introduced, read first time and referred to Committee on Ways and Means. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: SB 58, 164 -- Read second time and passed to Atkinson, Brown, Burdick, Clarno, Corcoran, Deckert, third reading. Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Morrisette, Morse, SB 374 A-Eng -- Read third time. Carried by Nelson, Ringo, Shields, Starr, C., Walker; absent -- Hannon, Walker. On passage of bill the vote was: Beyer, Carter, Starr, B., Schrader; excused -- Devlin, Ayes, 28; excused, 1 – Minnis; attending legislative Minnis; attending legislative business -- Winters. business, 1 – Winters. Bill passed. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Christina Thompson HB 2004 -- Read first time and referred to Fridel of the Asbury United Methodist Church, Hood President’s desk. River. HB 2133, 2134, 2136 -- Read second time and SB 133 -- Message from the Governor passed to third reading. announcing he signed on February 27. The following measures were referred to HB 2004 -- Message from the House announcing committee on February 28 and recorded on passage. Committee Referral List No. 24 which was distributed to members. Referral list recorded in the Journal and Committee Report Summary No. 26 listing the Status Report by order of the President. following reports was distributed to members today. Summary list recorded in Journal and Status Report SCR 2 Rules by order of the President. SJM 2 Rules SJR 16 Rules SB 58 -- Report by Committee on Judiciary SJR 20 Rules recommending passage and be placed on the SB 521 Judiciary; Ways and Means Unanimous Consent Calendar. SB 522 Judiciary SB 256 -- Report by Committee on Agriculture SB 523 Judiciary and Natural Resources recommending passage with SB 524 Revenue amendments. SB 525 Education; Ways and Means SB 531 Rules SB 281 -- Report by Committee on Agriculture SB 569 Business and Labor and Natural Resources recommending passage with SB 570 General Government amendments. SB 575 Business and Labor SB 414 -- Report by Committee on Human SB 576 Agriculture and Natural Resources Resources without recommendation as to passage and SB 577 Revenue requesting referral to Committee on Business and SB 580 Human Resources Labor. Referred to Committee on Business and Labor SB 581 Education; Ways and Means by order of the President in agreement with the SB 582 Revenue President Pro Tempore. SB 583 Judiciary HB 2133 -- Report by Committee on Revenue SB 584 Rules recommending passage. SB 585 Transportation and Economic Development SB 586 Transportation and Economic Development HB 2134 -- Report by Committee on Revenue SB 587 Transportation and Economic Development recommending passage. SB 588 Transportation and Economic Development SB 589 Transportation and Economic Development; Ways HB 2136 -- Report by Committee on Revenue and Means recommending passage and be placed on the Unanimous Consent Calendar. SB 590 Water and Land Use; Ways and Means SB 591 Water and Land Use HB 2157 -- Taken from its place on today’s third SB 592 Judiciary reading calendar and placed on March 3 calendar by SB 593 Rules voice vote on motion of Morrisette. SB 594 Agriculture and Natural Resources; Ways and Means SCR 4; SJM 5; SJR 31, 33, 38; SB 676, 783, 788, SB 595 Agriculture and Natural Resources; Ways and 793, 794, 795, 796, 797, 802, 803, 804, 805, 806, 807, SENATE JOURNAL SJ-65

Means SB 5548 -- Report by Committee on Ways and SB 596 Transportation and Economic Development Means recommending passage with amendments. SB 597 Agriculture and Natural Resources; Ways and SB 855 -- Report by Committee on Ways and Means Means recommending passage with amendments. SB 598 Transportation and Economic Development; Ways and Means SB 856 -- Report by Committee on Ways and SB 599 Judiciary Means recommending passage with amendments. SB 600 Health Policy; Ways and Means SB 601 Revenue; Ways and Means SB 859 -- Report by Committee on Ways and SB 602 Business and Labor Means recommending passage with amendments. SB 603 Business and Labor Committee Report Summary No. 28 listing the SB 604 Business and Labor following reports was distributed to members today. SB 605 Water and Land Use Summary list recorded in Journal and Status Report SB 606 Human Resources by order of the President. SB 607 Health Policy; Ways and Means SB 608 Revenue SB 122 -- Report by Committee on Judiciary SB 609 Business and Labor recommending passage. SB 610 Judiciary SB 388 -- Report by Committee on Education SB 611 Judiciary recommending passage with amendments. SB 612 Judiciary SB 613 Judiciary HB 2214 -- Report by Committee on SB 614 Education Transportation and Economic Development SB 615 Judiciary recommending passage of the A-engrossed bill. SB 618 Judiciary SB 619 Judiciary HB 2216 -- Report by Committee on Transportation and Economic Development SB 620 Judiciary; Ways and Means recommending passage. SB 621 Judiciary SB 622 Transportation and Economic Development HB 2261 -- Report by Committee on SB 623 Judiciary Transportation and Economic Development SB 624 Judiciary recommending passage of the A-engrossed bill. SB 625 Judiciary SB 634 Business and Labor HB 2265 -- Report by Committee on Transportation and Economic Development SB 635 Business and Labor recommending passage. HB 2197 Revenue HB 2269 Judiciary Senate recessed until 10:55 a.m. by unanimous HB 2535 Revenue consent on motion of Brown. Senate adjourned until 10:00 a.m. Monday by unanimous consent at the request of the Chair. Senate reconvened at 10:55 a.m. President Courtney in Chair. All present except Carter, Clarno, Minnis, absent. Monday, March 3, 2003 -- Morning Session Senate, having recessed following the order of Reports from Special Committees, resumed under the Senate convened at 10:00 a.m. President general order of business by unanimous consent at Courtney in Chair. The following members were the request of the Chair. present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Ferrioli, Fisher, Hannon, SB 5548; 855, 856, 859, 862 -- Consideration of Messerle, Metsger, Minnis, Morrisette, Morse, bills made a Special Order of Business at the head of Nelson, Ringo, Shields, Starr, B., Starr, C., Walker; the Senate third reading calendar today by attending legislative business -- Carter, Devlin, unanimous consent on motion of Schrader. Dukes, George, Gordly, Harper, Schrader, Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Charles Starr, SB 860, 861 -- Introduced, read first time and Hillsboro. referred to President’s desk.

Committee Report Summary No. 27 listing the Committee Report Summary No. 29 listing the following reports was distributed to members following reports was distributed but not announced February 28. Summary list recorded in Journal and by implied consent to members March 3. Summary Status Report by order of the President. list recorded in Journal and Status Report by order of the President.

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SB 862 -- Report by Committee on Ways and HB 2157 -- Read third time. Carried by Minnis. means recommending passage. On passage of bill the vote was: Ayes, 30. Bill passed.

SB 5548; 122, 256, 281, 855, 856, 859, 862 -- The following measures were referred to Read second time and passed to third reading. committee on February 28 and recorded on Committee Referral List No. 25 which was distributed Minnis rose to a point of order and immediately to members. Referral list recorded in the Journal and repeated words that he objected to, “leadership locked Status Report by order of the President. into the lobby” which were spoken by Morrisette during debate. In accordance with SR 6.80. the words SCR 3 Rules are recorded in the journal. SJR 21 Rules SJR 22 Rules Senate proceeded to the Special Order of SM 1 Rules Business by unanimous consent at the request of the SB 616 Business and Labor Chair. SB 617 Judiciary SB 626 Revenue SB 5548; 855, 856, 859, 862 --Rules suspended by unanimous consent in order that the Senate may take SB 627 Transportation and Economic Development final action immediately on motion of Schrader. SB 628 Judiciary SB 629 Health Policy SB 5548 A-Eng. -- Under rules suspension and SB 630 Health Policy Special Order of Business, read third time. Carried SB 631 Water and Land Use by Schrader. On passage of bill the vote was: Ayes, SB 632 Revenue 30. Bill passed. SB 633 Water and Land Use; Revenue SB 855 A-Eng. -- Under rules suspension and SB 636 Health Policy; Ways and Means Special Order of Business, read third time. Carried SB 637 Human Resources by Morse. On passage of bill the vote was: Ayes, 30. SB 638 Judiciary Bill passed. SB 639 Revenue; Ways and Means SB 640 Agriculture and Natural Resources SB 856 A-Eng. -- Under rules suspension and SB 641 Judiciary Special Order of Business, read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 28; SB 642 Water and Land Use nays, 2 – Burdick, Hannon. Bill passed. SB 645 Water and Land Use SB 646 Human Resources SB 859 A-Eng. -- Under rules suspension and SB 647 Human Resources Special Order of Business, read third time. Carried SB 648 Human Resources by Harper. On passage of bill the vote was: Ayes, 24; SB 650 General Government; Ways and Means nays, 6 – Metsger, Morrisette, Nelson, Ringo, Starr, B., Walker. Bill passed. SB 652 Transportation and Economic Development SB 653 Health Policy; Ways and Means SB 862 -- Under rules suspension and Special SB 654 Business and Labor Order of Business, read third time. Carried by SB 655 Judiciary Winters. On passage of bill the vote was: Ayes, 19; SB 657 Human Resources nays, 11 – Burdick, Corcoran, Dukes, George, SB 658 Business and Labor Hannon, Metsger, Morrisette, Nelson, Ringo, Shields, Starr, B. Bill passed. SB 659 Health Policy SB 660 Rules Senate resumed under the order of Third SB 661 Transportation and Economic Development Reading of Senate Measures by unanimous consent at SB 662 General Government the request of the Chair. SB 663 Transportation and Economic Development SB 664 Transportation and Economic Development SB 164 A-Eng. -- Read third time. Carried by SB 665 Business and Labor Morrisette. On passage of bill the vote was: Ayes, 29; nays, 1 – Hannon. Bill passed. SB 666 Judiciary SB 667 Water and Land Use HB 2214, 2216, 2261, 2265 -- Read second time SB 668 Water and Land Use and passed to third reading. SB 669 Health Policy; Ways and Means SB 670 Agriculture and Natural Resources HB 2133 -- Read third time. Carried by Starr, B. SB 671 Agriculture and Natural Resources On passage of bill the vote was: Ayes, 30. Bill passed. SB 672 Agriculture and Natural Resources SB 673 Agriculture and Natural Resources HB 2134 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 30. Bill passed. SB 674 Agriculture and Natural Resources SB 675 Transportation and Economic Development SENATE JOURNAL SJ-67

SB 862 Ways and Means nays, 1 – Hannon; excused, 5 – Brown, Carter, Gordly, Shields, President Courtney; attending Senate adjourned until 11:00 a.m. Tuesday by legislative business, 1 – Ringo. Bill passed. unanimous consent at the request of the Chair. SB 281 A-Eng. -- Read third time. Carried by Tuesday, March 4, 2003 -- Morning Session Beyer. On passage of bill the vote was: Ayes, 24; excused, 5 – Brown, Carter, Gordly, Shields, President Courtney; attending legislative business, 1 Senate convened at 11:00 a.m. President Pro – Ringo. Bill passed. Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Burdick, Clarno, HB 2158, 2263, 2283, 2332, 2546, 2576 -- Read Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, first time and referred to President’s desk. George, Harper, Messerle, Metsger; Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Starr, B., HB 2176 -- Read second time and passed to third Starr, C., Walker, Winters; excused -- Brown, Carter, reading. Gordly, Shields, President Courtney. Colors were posted and the Senate pledged allegiance to the flag. HB 2214 A-Eng. -- Read third time. Carried by Invocation by Pastor John Maas of Christ Lutheran Deckert. On passage of bill the vote was: Ayes, 24; Church, Salem. Musical performance by Second nays, 1 – Schrader; excused, 5 – Brown, Carter, Chance Singers of Blue Mountain Community Gordly, Shields, President Courtney. Bill passed. College, Pendleton.

SB 150 -- Message from the Governor HB 2216 -- Read third time. Carried by Metsger. announcing he signed on March 3. On passage of bill the vote was: Ayes, 25; excused, 5 – Brown, Carter, Gordly, Shields, President Courtney. HB 2158, 2263, 2283, 2332, 2546, 2576 -- Bill passed. Message from the House announcing passage. Courtesies of the Senate were extended to former HB 2270 -- Message from the House announcing State Representative Bill Markham at the request of failure to pass. Fisher.

Committee Report Summary No. 30 listing the HB 2261 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Starr, B. On passage of bill the vote was: Ayes, 23; Summary list recorded in Journal and Status Report nays, 2 – Harper, Schrader; excused, 5 – Brown, by order of the President. Carter, Gordly, Shields, President Courtney. Bill passed. SB 8 -- Report by Committee on General Government recommending passage. HB 2265 -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 24; excused, 6 – SB 267 -- Report by Committee on General Brown, Carter, Corcoran, Gordly, Shields, President Government recommending passage. Courtney. Bill passed. SB 269 -- Report by Committee on General Government recommending passage with The following measures were referred to amendments. committee on March 3 and recorded on Committee Referral List No. 26 which was distributed to SB 358 -- Report by Committee on members. Referral list recorded in the Journal and Transportation and Economic Development Status Report by order of the President. recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. SJR 23 Rules SJR 24 Rules HB 2176 -- Report by Committee on SJR 32 Rules Transportation and Economic Development SB 549 Revenue recommending passage of the A-engrossed bill. SB 550 Revenue SB 863, 864 -- Introduced, read first time and SB 551 Revenue referred to President’s desk. SB 643 Judiciary; Ways and Means SB 644 Education; Ways and Means SB 8, 267, 388 -- Read second time and passed to SB 651 Education third reading. SB 656 Judiciary SB 122 -- Read third time. Carried by Ringo. On SB 678 Rules passage of bill the vote was: Ayes, 25; excused, 5 – SB 679 Judiciary Brown, Carter, Gordly, Shields, President Courtney. SB 680 Rules Bill passed. SB 681 Human Resources SB 256 A-Eng. -- Read third time. Carried by SB 682 Water and Land Use; Revenue Corcoran. On passage of bill the vote was: Ayes, 23; SB 683 Judiciary

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SB 684 Health Policy Committee Report Summary No. 31 listing the SB 685 Judiciary following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 686 Judiciary by order of the President. SB 687 Transportation and Economic Development; Ways and Means SB 2 -- Report by Committee on Transportation SB 688 Transportation and Economic Development and Economic Development recommending passage. SB 689 Judiciary SB 694 General Government; Ways and Means SB 237 -- Report by Committee on Business and SB 695 Human Resources; Ways and Means Labor recommending passage. SB 696 Judiciary SB 240 -- Report by Committee on Education SB 697 Transportation and Economic Development recommending passage. Referred to Committee on SB 698 Judiciary Ways and Means by prior reference. SB 699 Agriculture and Natural Resources; Ways and Means HB 2321 -- Report by Committee on Business SB 700 Agriculture and Natural Resources; Ways and and Labor recommending passage. Means SB 701 Agriculture and Natural Resources; Ways and SB 8 -- Taken from its place on today’s third reading calendar and placed on March 10 calendar by Means voice vote on motion of Corcoran. SB 702 Rules; Ways and Means SB 703 Human Resources; Ways and Means SB 2, 237, 269 -- Read second time and passed to SB 704 Health Policy; Ways and Means third reading. SB 705 Business and Labor; Ways and Means SB 706 Rules SB 2 -- Rules suspended by unanimous consent SB 707 Transportation and Economic Development in order to take final action immediately on motion of Hannon. SB 708 Health Policy SB 709 Health Policy SB 2 -- Under rules suspension, read third time. SB 710 Business and Labor; Ways and Means Carried by Hannon. On passage of bill the vote was: SB 711 Business and Labor; Ways and Means Ayes, 25; excused, 2 – Carter, Gordly; attending HB 2029 Revenue legislative business, 3 – Brown, Devlin, Starr, B. Bill HB 2030 Revenue passed. HB 2241 Agriculture and Natural Resources SB 267 -- Read third time. Carried by Minnis. Senate adjourned until 11:00 a.m. Wednesday by On passage of bill the vote was: Ayes, 22; nays, 1 – unanimous consent at the request of the Chair. Schrader; excused, 2 – Carter, Gordly; attending legislative business, 5 – Brown, Devlin, Morse, Shields, Starr, B. Bill passed. Wednesday, March 5, 2003 -- Morning Session SB 388 A-Eng. -- Read third time. Carried by Senate convened at 11:00 a.m. President Metsger. On passage of bill the vote was: Ayes, 23; Courtney in Chair. The following members were excused, 3 – Carter, Gordly, Morse; attending present: Atkinson, Beyer, Burdick, Clarno, Corcoran, legislative business, 4 – Brown, Devlin, Shields, Deckert, Dukes, Ferrioli, Fisher, George, Hannon, Starr, B. Bill passed. Harper, Messerle, Metsger, Minnis, Morrisette, Nelson, Ringo, Schrader, Shields, Starr, C., Winters; HB 2321 -- Read second time and passed to third excused -- Carter, Gordly, Morse; attending legislative reading. business -- Brown, Devlin, Starr, B., Walker. Colors were posted and the Senate pledged allegiance to the HB 2176 A-Eng. -- Read third time. Carried by flag. Invocation by Dr. Duane Dunham, Pastor of Nelson. On passage of bill the vote was: Ayes, 23; Scholls Community Church, Hillsboro. Musical excused, 3 – Carter, Gordly, Morse; attending performance by Mount Hood Community College legislative business, 4 – Brown, Devlin, Shields, String Ensemble, Portland. Starr, B. Bill passed.

SB 5548; 855, 856, 859, 862 -- Message from the SB 58 -- Read third time under Unanimous House announcing passage. Consent Calendar. Carried by Burdick. On passage of bill the vote was: Ayes, 20; nays, 1 – Schrader; SB 5548; 855, 856, 859, 862 -- Message from the excused, 3 – Carter, Gordly, Morse; attending House announcing the Speaker signed on March 4. legislative business, 6 – Brown, Devlin, Morrisette, Ringo, Shields, Starr, B. Bill passed. SB 5548; 855, 856, 859, 862 -- Message from the Governor announcing he signed on March 4. HB 2136 -- Read third time under Unanimous Consent Calendar. Carried by Ferrioli. On passage of SENATE JOURNAL SJ-69 bill the vote was: Ayes, 21; excused, 3 – Carter, SB 765 Transportation and Economic Development Gordly, Morse; attending legislative business, 6 – SB 766 Judiciary Brown, Devlin, Morrisette, Ringo, Shields, Starr, B. Bill passed. SB 767 Education; Ways and Means SB 768 Rules The following measures were referred to SB 769 Health Policy; Ways and Means committee on March 4 and recorded on Committee SB 770 Agriculture and Natural Resources Referral List No. 27 which was distributed to SB 771 Transportation and Economic Development; members. Referral list recorded in the Journal and Ways and Means Status Report by order of the President. SB 772 Transportation and Economic Development; Ways and Means SJM 3 Rules SB 773 General Government SJR 25 Rules SB 774 Judiciary SJR 26 Rules SB 775 Transportation and Economic Development; SB 649 Rules Ways and Means SB 677 Rules SB 776 Transportation and Economic Development; SB 690 Transportation and Economic Development; Ways Ways and Means and Means SB 777 Transportation and Economic Development; SB 691 Judiciary Ways and Means SB 712 Business and Labor; Ways and Means SB 815 Transportation and Economic Development SB 713 Business and Labor; Ways and Means SB 816 Rules SB 714 Business and Labor; Ways and Means SB 817 Agriculture and Natural Resources SB 715 Business and Labor; Ways and Means SB 818 Agriculture and Natural Resources SB 716 Judiciary SB 819 Revenue SB 717 General Government; Ways and Means HB 2111 Judiciary SB 718 Human Resources; Ways and Means HB 2113 Judiciary SB 719 Judiciary HB 2161 Business and Labor SB 720 Revenue HB 2163 Business and Labor SB 722 Rules HB 2245 Business and Labor SB 723 Health Policy HB 2252 Transportation and Economic Development SB 724 General Government HB 2487 Health Policy SB 725 General Government; Ways and Means SB 726 General Government; Ways and Means SB 5548; 855, 856, 859, 862 -- President SB 727 Education; Ways and Means Courtney signed on March 4. SB 728 Revenue SB 729 Judiciary Senate adjourned until 11:00 a.m. Thursday by unanimous consent at the request of the Chair. SB 730 General Government; Ways and Means SB 731 Judiciary SB 732 Judiciary Thursday, March 6, 2003 -- Morning Session SB 733 Rules SB 734 Business and Labor SB 735 Judiciary Senate convened at 11:00 a.m. President SB 736 Judiciary Courtney in Chair. The following members were SB 737 Judiciary present: Atkinson, Beyer, Burdick, Clarno, Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Hannon, SB 738 Education; Ways and Means Harper, Messerle, Metsger, Minnis, Morrisette, SB 739 Business and Labor Morse, Nelson, Ringo, Schrader, Shields, Starr, C., SB 740 General Government Walker, Winters; excused -- Carter; attending SB 741 General Government legislative business -- Brown, Devlin, Gordly, Starr, SB 742 Judiciary B. Colors were posted and the Senate pledged SB 743 Judiciary allegiance to the flag. Invocation by Senator Frank SB 744 Judiciary Shields, Portland. SB 745 Education; Ways and Means SB 746 Education; Ways and Means HB 2343, 2623 -- Message from the House SB 747 Revenue announcing passage. SB 748 Agriculture and Natural Resources; Ways and Committee Report Summary No. 32 listing the Means following reports was distributed to members today. SB 760 Education; Ways and Means Summary list recorded in Journal and Status Report SB 761 Education by order of the President. SB 762 Transportation and Economic Development SB 763 General Government SJR 1 -- Report by Committee on Education SB 764 Transportation and Economic Development recommending adoption and requesting referral to Committee on Ways and Means. Referred to

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Committee on Ways and Means by order of the SB 749 Business and Labor President in agreement with the President Pro SB 750 General Government Tempore. SB 751 Transportation and Economic Development; Ways SB 245 -- Report by Committee on Judiciary and Means recommending passage and be placed on the SB 752 Judiciary; Ways and Means Unanimous Consent Calendar. SB 753 Business and Labor SB 754 Water and Land Use HB 2024 -- Report by Committee on Revenue SB 755 Water and Land Use recommending passage. SB 756 Agriculture and Natural Resources SB 757 Business and Labor HB 2025 -- Report by Committee on Revenue recommending passage. SB 758 Revenue SB 759 Judiciary HB 2026 -- Report by Committee on Revenue SB 778 Revenue recommending passage. SB 779 Judiciary SB 780 Rules HB 2027 -- Report by Committee on Revenue SB 781 Rules recommending passage. SB 782 Judiciary SB 784 General Government HB 2424 -- Report by Committee on Revenue recommending passage. SB 785 Health Policy SB 786 Rules SB 245 -- Read second time and passed to third SB 787 Transportation and Economic Development reading. SB 789 Health Policy; Ways and Means SB 790 General Government; Ways and Means SB 237 -- Read third time. Carried by Metsger. SB 791 Education; Ways and Means On passage of bill the vote was: Ayes, 26; excused, 1 – SB 792 Judiciary Carter; attending legislative business, 3 – Brown, Devlin, Starr, B. Bill passed. SB 798 Revenue SB 799 Transportation and Economic Development SB 269 A-Eng. -- Read third time. Carried by SB 800 Education; Ways and Means Corcoran. On passage of bill the vote was: Ayes, 25; SB 801 Judiciary nays, 1 – Beyer; excused, 1 – Carter; attending SB 812 Business and Labor legislative business, 3 – Brown, Devlin, Starr, B. Bill SB 813 Revenue passed. SB 814 Health Policy HB 2343, 2623 -- Read first time and referred to SB 820 Water and Land Use President’s desk. SB 821 Water and Land Use SB 823 Transportation and Economic Development; Ways HB 2024, 2025, 2026, 2027, 2424 -- Read second and Means time and passed to third reading. SB 824 Business and Labor SB 825 Business and Labor HB 2321 -- Read third time. Carried by Nelson. SB 826 Business and Labor; Ways and Means On passage of bill the vote was: Ayes, 25; nays, 1 – Schrader; excused, 1 – Carter; attending legislative SB 827 Education; Ways and Means business, 3 – Brown, Devlin, Starr, B. Bill passed. SB 828 Business and Labor SB 830 General Government The following measures were referred to SB 831 Business and Labor committee on March 5 and recorded on Committee SB 832 Agriculture and Natural Resources Referral List No. 28 which was distributed to SB 833 Business and Labor; Ways and Means members. Referral list recorded in the Journal and Status Report by order of the President. SB 834 Business and Labor SB 835 Judiciary SJM 4 Rules SB 836 Water and Land Use SJR 27 Rules SB 837 Water and Land Use SJR 28 Revenue SB 838 Water and Land Use; Ways and Means SJR 29 Rules SB 839 Health Policy SJR 30 Rules SB 840 Health Policy SM 3 Rules SB 841 Health Policy SB 692 General Government SB 842 Judiciary SB 693 General Government SB 843 Health Policy; Ways and Means SB 721 Water and Land Use SB 845 Water and Land Use; Ways and Means SENATE JOURNAL SJ-71

SB 846 Water and Land Use; Ways and Means HB 2026 -- Read third time. Carried by SB 847 Revenue Corcoran. On passage of bill the vote was: Ayes, 22; nays, 2 – Schrader, Walker; excused, 2 – Carter, SB 848 Health Policy Winters; attending legislative business, 4 – Brown, SB 853 Revenue; Ways and Means Devlin, Hannon, Starr, B. Bill passed. HB 2262 Judiciary HB 2439 Business and Labor HB 2027 -- Read third time. Carried by HB 2474 Business and Labor Corcoran. On passage of bill the vote was: Ayes, 24; HB 2622 Revenue excused, 2 – Carter, Winters; attending legislative business, 4 – Brown, Devlin, Hannon, Starr, B. Bill Senate adjourned until 8:30 a.m. Friday by passed. unanimous consent at the request of the Chair. HB 2424 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 23; excused, 2 – Friday, March 7, 2003 -- Morning Session Carter, Winters; attending legislative business, 5 – Beyer, Brown, Devlin, Hannon, Starr, B. Bill passed. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: The following measures were referred to Atkinson, Beyer, Burdick, Clarno, Corcoran, Deckert, committee on March 6 and recorded on Committee Dukes, Ferrioli, Fisher, George, Gordly, Harper, Referral List No. 29 which was distributed to Messerle, Metsger, Minnis, Morrisette, Morse, members. Referral list recorded in the Journal and Nelson, Ringo, Schrader, Shields, Starr, C., Walker; -- Status Report by order of the President. excused -- Carter, Winters; attending legislative business -- Brown, Devlin, Hannon, Starr, B. Colors SCR 4 Rules were posted and the Senate pledged allegiance to the SJM 5 Rules flag. Invocation by Darcy Adsit, Senate Distribution SJR 31 Rules Manager. SJR 33 Rules SJR 38 Rules Committee Report Summary No. 33 listing the SB 676 General Government following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 783 General Government by order of the President. SB 788 Revenue SB 793 Judiciary SB 478 -- Report by Committee on General SB 794 Transportation and Economic Development Government recommending passage. SB 795 Transportation and Economic Development SB 796 General Government; Ways and Means HB 2192 -- Report by Committee on General SB 797 Revenue Government recommending passage with amendments. SB 802 Business and Labor SB 803 Human Resources HB 2426 -- Report by Committee on Judiciary SB 804 Judiciary recommending passage and be placed on the SB 805 Revenue Unanimous Consent Calendar. SB 806 Health Policy SB 807 Revenue SB 865 -- Introduced, read first time and SB 808 Judiciary referred to President’s desk. SB 809 Judiciary SB 478 -- Read second time and passed to third SB 810 Revenue; Ways and Means reading. SB 811 Revenue SB 822 Business and Labor; Ways and Means HB 2426 -- Read second time and passed to third SB 829 Judiciary reading. SB 844 Education; Ways and Means SB 849 Education HB 2024 -- Read third time. Carried by SB 850 Education; Ways and Means Corcoran. On passage of bill the vote was: Ayes, 23; nays, 1 – Schrader; excused, 2 – Carter, Winters; SB 851 General Government; Ways and Means attending legislative business, 4 – Brown, Devlin, SB 852 Health Policy; Ways and Means Hannon, Starr, B. Bill passed. SB 854 Agriculture and Natural Resources; Ways and Means HB 2025 -- Read third time. Carried by SB 857 General Government; Ways and Means Corcoran. On passage of bill the vote was: Ayes, 24; SB 858 Revenue excused, 2 – Carter, Winters; attending legislative business, 4 – Brown, Devlin, Hannon, Starr, B. Bill SB 860 General Government; Ways and Means passed. SB 861 General Government; Ways and Means HB 2004 General Government; Ways and Means

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SB 85 -- President Courtney signed on March 7. HJM 2 -- Message from the House announcing adoption. Senate adjourned until 11:00 a.m. Monday by unanimous consent at the request of the Chair. SB 85; HB 2134, 2140, 2157, 2169, 2170, 2175,

2185, 2214, 2216, 2257, 2261, 2265 -- Message from the House announcing the Speaker signed on March Monday, March 10, 2003 -- Morning Session 11.

Committee Report Summary No. 35 listing the Senate convened at 11:00 a.m. President following reports was distributed to members today. Courtney in Chair. The following members were Summary list recorded in Journal and Status Report present: Atkinson, Beyer, Brown, Burdick, Carter, by order of the President. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Morrisette, Morse, Nelson, Ringo, Schrader, SB 205 -- Report by Committee on Business and Shields, Starr, B., Starr, C., Walker; Winters; Labor recommending passage with amendments. attending legislative business -- Minnis. Colors were posted and the Senate pledged allegiance to the flag. SB 253 -- Report by Committee on Business and Invocation by Pastor Albert Harris of Brookwood Labor recommending passage with amendments. Baptist Church, Hillsboro. HB 2098 -- Report by Committee on Business Committee Report Summary No. 34 listing the and Labor recommending passage. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2295 -- Report by Committee on Business by order of the President. and Labor recommending passage with amendments to the A-engrossed bill. SB 306 -- Report by Committee on Judiciary recommending passage. SB 306 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 30. Bill passed. SB 478 -- Taken from its place on today’s third reading calendar and placed on March 11 by voice SB 478 -- Read third time. Carried by Minnis. vote on motion of Corcoran. On passage of bill the vote was: Ayes, 28; nays, 2 – Beyer, Schrader. Bill passed. SB 866 -- Introduced, read first time and referred to President’s desk. HJM 2; HB 2099, 2219, 2221, 2312, 2379, 2380, 2422 -- Read first time and referred to President’s SB 306 -- Read second time and passed to third desk. reading. HB 2098 -- Read second time and passed to third SB 8 -- Read third time. Carried by Starr, B. On reading. passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Beyer, Minnis. Bill passed. HB 2192 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 29; HB 2192 -- Read second time and passed to third nays, 1 – Schrader. Bill passed. reading. SB 245 -- Read third time under Unanimous Senate adjourned until 11:00 a.m. Tuesday by Consent Calendar. Carried by Burdick. On passage of unanimous consent at the request of the Chair. bill the vote was: Ayes, 29; nays, 1 – Schrader. Bill

passed.

Tuesday, March 11, 2003 -- Morning Session Senate adjourned until 11:00 a.m. Wednesday by unanimous consent at the request of the Chair. Senate convened at 11:00 a.m. Morse in Chair. The following members were present: Atkinson, Wednesday, March 12, 2003 -- Morning Session Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Senate convened at 11:00 a.m. President Morrisette, Nelson, Ringo, Schrader, Shields, Starr, Courtney in Chair. The following members were B., Starr, C., Walker, Winters, President Courtney. present: Atkinson, Beyer, Brown, Burdick, Carter, Colors were posted and the Senate pledged allegiance Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, to the flag. Invocation by Reverend Ed Lykens of the Fisher, George, Gordly, Hannon, Harper, Messerle, Church of the Nazarene, Prineville. Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, SB 81; HB 2099, 2219, 2221, 2312, 2379, 2380, Winters. Colors were posted and the Senate pledged 2422 -- Message from the House announcing passage. SENATE JOURNAL SJ-73 allegiance to the flag. Invocation by Reverend Wes members. Referral list recorded in the Journal and Taylor of the United Methodist Church, Tualatin. Status Report by order of the President.

SB 147; HB 2130 -- Message from the House SB 863 Revenue announcing passage. SB 864 Revenue; Ways and Means SB 865 Human Resources; Ways and Means Committee Report Summary No. 36 listing the HB 2158 Agriculture and Natural Resources following reports was distributed to members today. HB 2263 Judiciary Summary list recorded in Journal and Status Report by order of the President. HB 2283 Revenue HB 2332 Judiciary SJM 2 -- Report by Committee on Rules HB 2343 General Government recommending adoption with amendments. HB 2546 Agriculture and Natural Resources HB 2576 General Government SB 11 -- Report by Committee on Education HB 2623 Business and Labor recommending passage with amendments. HB 2134, 2140, 2157, 2169, 2170, 2175, 2185, 2214, 2216, 2257, 2261, 2265 -- President Courtney SB 248 -- Report by Committee on Business and signed on March 12. Labor recommending passage. Senate adjourned until 11:00 a.m. Thursday by SB 434 -- Report by Committee on Health Policy unanimous consent at the request of the Chair. recommending passage with amendments.

SB 436 -- Report by Committee on Health Policy Thursday, March 13, 2003 -- Morning Session recommending passage. Senate convened at 11:00 a.m. Schrader in HB 2033 -- Report by Committee on Agriculture Chair. The following members were present: and Natural Resources recommending passage of the Atkinson, Beyer, Brown, Burdick, Carter, Clarno, A-engrossed bill. Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, HB 2200 -- Report by Committee on Agriculture Minnis, Morrisette, Morse, Nelson, Ringo, Shields, and Natural Resources recommending passage with Starr, B., Starr, C., Walker, Winters, President amendments. Courtney. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Larry SB 81 A-Eng. -- Minnis moved that the Senate Murrell of the Christian Center, Salem. Musical concur in House amendments and repass bill. On performance occurred prior to Third Readings of concurrence and repassage the vote was: Ayes, 28; Senate Measures, by Shantay Knorr, Redmond. attending legislative business, 2 – Carter, Gordly. Bill repassed. SB 222, 224, 321; HB 2187, 2277, 2645 -- Message from the House announcing passage. SB 867, 868 -- Introduced, read first time and referred to President’s desk. HB 2133 -- Message from the House announcing the Speaker signed on March 12. SB 205, 248, 253, 436 -- Read second time and passed to third reading. Committee Report Summary No. 37 listing the following reports was distributed to members today. HB 2130 -- Read first time and referred to Summary list recorded in Journal and Status Report President’s desk. by order of the President.

HB 2033, 2295 -- Read second time and passed to SB 118 -- Report by Committee on Human third reading. Resources recommending passage with amendments.

HB 2098 -- Read third time. Carried by Nelson. SB 154 -- Report by Committee on Human On passage of bill the vote was: Ayes, 28; attending Resources recommending passage with amendments. legislative business, 2 – Carter, Gordly. Bill passed. SB 155 -- Report by Committee on Human HB 2426 -- Read third time under Unanimous Resources recommending passage. Consent Calendar. Carried by Minnis. On passage of bill the vote was: Ayes, 28; attending legislative SB 243 -- Report by Committee on Business and business, 2 – Carter, Gordly. Bill passed. Labor recommending passage with amendments.

The following measures were referred to SB 500 -- Report by Committee on Agriculture committee on March 11 and recorded on Committee and Natural Resources recommending passage. Referral List No. 30 which was distributed to

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Referred to Committee on Ways and Means by prior HB 2050, 2086, 2222, 2634 -- Message from the reference. House announcing passage.

SB 501 -- Report by Committee on Agriculture HB 2192 -- Message from the House announcing and Natural Resources recommending passage. concurrence in Senate amendments and repassage. Referred to Committee on Ways and Means by prior reference. Committee Report Summary No. 38 listing the following reports was distributed to members today. SB 869, 870 -- Introduced, read first time and Summary list recorded in Journal and Status Report referred to President’s desk. by order of the President.

SJM 2; SB 11, 155, 434 -- Read second time and SB 18 -- Report by Committee on Human passed to third reading. Resources recommending passage with amendments and requesting subsequent referral to Committee on SB 205 A-Eng. -- Read third time. Carried by Judiciary be rescinded. Subsequent referral rescinded Nelson. On passage of bill the vote was: Ayes, 29; by order of the President in agreement with the nays, 1 – Hannon. Bill passed. President Pro Tempore.

SB 248 -- Read third time. Carried by Walker. SB 37 -- Report by Committee on Human On passage of bill the vote was: Ayes, 30. Bill passed. Resources recommending passage and requesting subsequent referral to Committee on Judiciary be SB 253 A-Eng. -- Read third time. Carried by rescinded. Subsequent referral rescinded by order of Nelson. On passage of bill the vote was: Ayes, 30. the President in agreement with the President Pro Bill passed. Tempore.

SB 436 -- Read third time. Carried by Dukes. SB 354 -- Report by Committee on General On passage of bill the vote was: Ayes, 28; nays, 2 – Government recommending passage with Corcoran, Minnis. Bill passed. amendments. Referred to Committee on Ways and Means by prior reference. HB 2187, 2277, 2645 -- Read first time and referred to President’s desk. SB 566 -- Report by Committee on General Government recommending passage with amendments and requesting referral to Committee on HB 2200 -- Read second time and passed to third Ways and Means. Referred to Committee on Ways reading. and Means by order of the President in agreement with the President Pro Tempore. HB 2033 A-Eng. -- Read third time. Carried by Corcoran. On passage of bill the vote was: Ayes, 30. HB 2317 -- Report by Committee on General Bill passed. Government recommending passage with amendments. HB 2295 B-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; SB 872, 873, 874, 875 -- Introduced, read first nays, 1 – Shields. Bill passed. time and referred to President’s desk.

HB 2133 -- President Courtney signed on SB 37, 118, 154, 243 -- Read second time and March 13. passed to third reading.

Senate adjourned until 8:30 a.m. Friday by SJM 2 A-Eng. -- Read final time. Carried by unanimous consent at the request of the Chair. Atkinson. On adoption of memorial, the vote was: Ayes, 27; excused, 1 – Devlin; attending legislative business, 2 – Hannon, Minnis. Memorial adopted. Friday, March 14, 2003 -- Morning Session SB 11 A-Eng. -- Read third time. Carried by Senate convened at 8:30 a.m. President Courtney Ferrioli. On passage of bill the vote was: Ayes, 27; in Chair. The following members were present: excused, 1 – Devlin; attending legislative business, 2 Atkinson, Beyer, Brown, Burdick, Carter, Clarno, – Hannon, Minnis. Bill passed. Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Gordly, Harper, Messerle, Metsger, Morrisette, SB 155 -- Read third time. Carried by Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Morrisette. On passage of bill the vote was: Ayes, 27; Starr, C., Walker, Winters; excused -- Devlin; excused, 1 – Devlin; attending legislative business, 2 attending legislative business -- Hannon, Minnis. – Hannon, Minnis. Bill passed. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Vincent O’Rourke of SB 434 A-Eng. -- Read third time. Carried by Sunbreak Community Church, Hillsboro. Dukes. On passage of bill the vote was: Ayes, 26; SENATE JOURNAL SJ-75 nays, 1 – Schrader; excused, 1 – Devlin; attending This appointment is submitted for your consideration. legislative business, 2 – Hannon, Minnis. Bill passed. Sincerely, Ted Kulongoski HB 2050, 2086, 2222, 2634 -- Read first time and Governor referred to President’s desk. March 13, 2003 HB 2200 A-Eng. -- Read third time. Carried by TO THE HONORABLE PRESIDENT OF THE SENATE Beyer. On passage of bill the vote was: Ayes, 25; nays, 1 – George; excused, 1 – Devlin; attending OF THE 72nd LEGISLATIVE ASSEMBLY legislative business, 3 – Hannon, Minnis, Ringo. Bill ORS 684.130 provides that the Governor shall appoint the passed. members of the State Board of Chiropractic Examiners subject to Senate confirmation, in the manner provided by Senate adjourned until 11:00 a.m. Monday by ORS 171.562 and ORS 171.565. unanimous consent at the request of the Chair. I appoint George Siegfried of McMinnville to the State Board of Chiropractic Examiners for a three-year term, as provided by statute, beginning April 1, 2003 and ending Monday, March 17, 2003 -- Morning Session March 31, 2006, effective upon Senate confirmation. This appointment is submitted for your consideration. Senate convened at 11:00 a.m. Messerle in Sincerely, Chair. The following members were present: Ted Kulongoski Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, Governor Deckert, Devlin, Dukes, Ferrioli, Fisher, George Gordly, Harper, Metsger, Minnis, Morrisette, Morse, March 13, 2003 Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters, President Courtney; attending TO THE HONORABLE PRESIDENT OF THE SENATE legislative business -- Clarno, Hannon. Colors were OF THE 72nd LEGISLATIVE ASSEMBLY posted and the Senate pledged allegiance to the flag. ORS 684.130 provides that the Governor shall appoint the Invocation by Father James Coleman of St. Joseph’s, members of the State Board of Chiropractic Examiners Salem. Musical performances by Senator Margaret subject to Senate confirmation, in the manner provided by Carter, Portland and Kevin and Eileen McCornack, ORS 171.562 and ORS 171.565. Eugene. I reappoint Jim Wilkens of Bend to the State Board of Chiropractic Examiners for a three-year term, as provided The following messages from the Governor were by statute, beginning September 18, 2001 and ending read and referred to the Committee on Rules. September 17, 2004, effective upon Senate confirmation. March 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 684.130 provides that the Governor shall appoint the members of the State Board of Chiropractic Examiners March 13, 2003 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 James Hendry of Portland to the State Board of OF THE 72nd LEGISLATIVE ASSEMBLY Chiropractic Examiners for a three-year term, as provided ORS 679.230 provides that the Governor shall appoint the by statute, beginning December 1, 2002 and ending members of the Oregon Board of Dentistry subject to Senate November 30, 2005, effective upon Senate confirmation. confirmation, in the manner provided by ORS 171.562 and This appointment is submitted for your consideration. ORS 171.565. Sincerely, I appoint Rodney Nichols of Portland to the Oregon Board Ted Kulongoski of Dentistry for a four-year term, as provided by statute, Governor beginning April 3, 2003 and ending January 2, 2007, effective upon Senate confirmation. March 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 684.130 provides that the Governor shall appoint the members of the State Board of Chiropractic Examiners March 13, 2003 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 Richard McCarthy of Cottage Grove to the State OF THE 72nd LEGISLATIVE ASSEMBLY Board of Chiropractic Examiners for a three-year term, as ORS 1.410 provides that the Governor shall appoint the provided by statute, beginning December 1, 2001 and members of the Commission on Judicial Fitness and ending November 30, 2004, effective upon Senate Disability subject to Senate confirmation, in the manner confirmation. provided by ORS 171.562 and ORS 171.565.

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I reappoint Dick Feeney of Portland to the Commission on OF THE 72nd LEGISLATIVE ASSEMBLY Judicial Fitness and Disability for a four-year term, as provided by statute, beginning November 20, 2002 and ORS 197.810 provides that the Governor shall appoint the ending November 19, 2006, effective upon Senate members of the Land Use Board of Appeals 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 reappoint Michael Holstun of Portland to the Land Use Sincerely, Board of Appeals for a four-year term, as provided by Ted Kulongoski statute, beginning September 18, 2002 and ending Governor September 17, 2006, effective upon Senate confirmation. March 13, 2003 This appointment is submitted for your consideration. Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 197.030 provides that the Governor shall appoint the members of the Land Conservation and Development March 13, 2003 Commission 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 72nd LEGISLATIVE ASSEMBLY I reappoint John Van Landingham of Eugene to the Land Conservation and Development Commission for a four-year ORS 678.140 provides that the Governor shall appoint the term, as provided by statute, beginning February 1, 2003 members of the Oregon State Board of Nursing subject to and ending January 31, 2007, effective upon Senate Senate confirmation, in the manner provided by ORS confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Marguerite Gutierrez of Pendleton to the Oregon State Board of Nursing for a three-year term, as provided Sincerely, by statute, beginning March 25, 2003 and ending March 24, Ted Kulongoski 2006, effective upon Senate confirmation. Governor This appointment is submitted for your consideration. March 13, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 197.810 provides that the Governor shall appoint the March 13, 2003 members of the Land Use Board of Appeals 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 72nd LEGISLATIVE ASSEMBLY I reappoint Tod Bassham of Salem to the Land Use Board of ORS 678.140 provides that the Governor shall appoint the Appeals for a four-year term, as provided by statute, members of the Oregon State Board of Nursing subject to beginning March 1, 2003 and ending February 28, 2007, Senate confirmation, in the manner provided by ORS effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Rolf Olson of Salem to the Oregon State Board of Nursing for a three-year term, as provided by statute, Sincerely, beginning January 1, 2003 and ending December 31, 2005, Ted Kulongoski effective upon Senate confirmation. Governor This appointment is submitted for your consideration. March 13, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 197.810 provides that the Governor shall appoint the March 13, 2003 members of the Land Use Board of Appeals 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 72nd LEGISLATIVE ASSEMBLY I reappoint Anne Corcoran Briggs of Portland to the Land ORS 678.140 provides that the Governor shall appoint the Use Board of Appeals for a four-year term, as provided by members of the Oregon State Board of Nursing subject to statute, beginning March 15, 2003 and ending March 14, Senate confirmation, in the manner provided by ORS 2007, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Beverly Shields of Medford to the Oregon State Board of Nursing for a three-year term, as provided by Sincerely, statute, beginning March 25, 2003 and ending March 24, Ted Kulongoski 2006, effective upon Senate confirmation. Governor This appointment is submitted for your consideration. March 13, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE SENATE JOURNAL SJ-77

Governor beginning February 1, 2003 and ending January 31, 2007, effective upon Senate confirmation. March 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 678.140 provides that the Governor shall appoint the members of the Oregon State Board of Nursing subject to March 13, 2003 Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint Sandy Theis of Ashland to the Oregon State OF THE 72nd LEGISLATIVE ASSEMBLY Board of Nursing for a three-year term, as provided by statute, beginning March 25, 2003 and ending March 24, ORS 462.210 provides that the Governor shall appoint the 2006, effective upon Senate confirmation. members of the Oregon Racing 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 Stephen Walters of Portland to the Oregon Ted Kulongoski Racing Commission for a four-year term, as provided by Governor statute, beginning January 10, 2003 and ending January 9, 2007, effective upon Senate confirmation. March 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 678.140 provides that the Governor shall appoint the members of the Oregon State Board of Nursing subject to Committee Report Summary No. 39 listing the Senate confirmation, in the manner provided by ORS following reports was distributed to members today. 171.562 and ORS 171.565. Summary list recorded in Journal and Status Report by order of the President. I appoint Janet Wright of La Grande to the Oregon State Board of Nursing for a three-year term, as provided by statute, beginning March 25, 2003 and ending March 24, SB 10 -- Report by Committee on Education 2006, effective upon Senate confirmation. recommending passage with amendments. This appointment is submitted for your consideration. SB 315 -- Report by Committee on Judiciary Sincerely, recommending passage. Ted Kulongoski Governor SB 357 -- Report by Committee on Health Policy March 13, 2003 recommending passage. Referred to Committee on Ways and Means by prior reference. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY SB 413 -- Report by Committee on Education recommending passage. Referred to Committee on ORS 390.114 provides that the Governor shall appoint the members of the State Parks and Recreation Commission Ways and Means by prior reference. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 748 -- Report by Committee on Agriculture and Natural Resources recommending passage and I reappoint Nik Blosser of Portland to the State Parks and Recreation Commission for a four-year term, as provided by requesting subsequent referral to Ways and Means be statute, beginning March 15, 2003 and ending March 14, rescinded. Subsequent referral rescinded by order of 2007, effective upon Senate confirmation. the President in agreement with the President Pro Tempore. This appointment is submitted for your consideration. Sincerely, HB 2035 -- Report by Committee on Ted Kulongoski Transportation and Economic Development Governor recommending passage of the A-engrossed bill. March 13, 2003 SB 876 -- Introduced, read first time and TO THE HONORABLE PRESIDENT OF THE SENATE referred to President’s desk. OF THE 72nd LEGISLATIVE ASSEMBLY SB 18, 315, 748 -- Read second time and passed ORS 462.210 provides that the Governor shall appoint the to third reading. members of the Oregon Racing Commission subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 37 -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 28; attending I reappoint Jeff Gilmour of Jefferson to the Oregon Racing legislative business, 2 – Clarno, Hannon. Bill passed. Commission for a four-year term, as provided by statute,

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SB 118 A-Eng. -- Read third time. Carried by SB 401 -- Report by Committee on Human Brown. On passage of bill the vote was: Ayes, 25; Resources recommending passage with amendments. nays, 1 – Schrader; excused, 2 – Burdick, George; attending legislative business, 2 – Clarno, Hannon. SB 455 -- Report by Committee on Education Bill passed. recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. SB 154 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 26; SB 549 -- Report by Committee on Revenue excused, 1 – George; attending legislative business, 3 recommending passage with amendments. – Carter, Clarno, Hannon. Bill passed. SB 871 -- Introduced, read first time and SB 243 A-Eng. -- Read third time. Carried by referred to President’s desk. Walker. On passage of bill the vote was: Ayes, 25; excused, 2 – Corcoran, George; attending legislative SB 10 -- Read second time and passed to third business, 3 – Carter, Clarno, Hannon. Bill passed. reading.

HB 2035, 2317 -- Read second time and passed to SB 18 A-Eng. -- Read third time. Carried by third reading. Gordly. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Ringo. Bill passed. The Chair announced that President Courtney made the following committee assignments effective SB 315 -- Read third time. Carried by Burdick. March 14. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Ringo. Bill passed.

SPECIAL JOINT COMMITTEE ON PUBLIC SB 748 -- Read third time. Carried by Atkinson. EDUCATION APPROPRIATION On passage of bill the vote was: Ayes, 30. Bill passed. Senator Ryan Deckert Senator Ken Messerle HB 2075, 2101, 2210, 2305, 2306, 2307, 2309, 2526 -- 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.

HB 2035 A-Eng. -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 30. Tuesday, March 18, 2003 -- Morning Session Bill passed.

Senate convened at 11:00 a.m. President HB 2317 A-Eng. -- Read third time. Carried by Courtney in Chair. The following members were Corcoran. On passage of bill the vote was: Ayes, 29; present: Atkinson, Beyer, Brown, Burdick, Carter, nays, 1 – Hannon. Bill passed. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, The following measures were referred to Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, committee on March 17 and recorded on Committee Schrader, Shields, Starr, B., Starr, C., Walker, Referral List No. 31 which was distributed to Winters. Colors were posted and the Senate pledged members. Referral list recorded in the Journal and allegiance to the flag. Invocation by Pastor Ron Status Report by order of the President. Larimore of Immanuel Community Church, Aloha. State Board of Chiropractic Examiners (ORS 684.130) HB 2075, 2101, 2210, 2305, 2306, 2307, 2309, James Hendry (r) Rules 2526 -- Message from the House announcing passage. Richard McCarthy (r) Rules George Siegfried Rules HB 2295 -- Message from the House announcing Jim Wilkens (r) Rules concurrence in Senate amendments and repassage. Oregon Board of Dentistry (ORS 679.230) Committee Report Summary No. 40 listing the Rodney Nichols Rules following reports was distributed to members today. Summary list recorded in Journal and Status Report Commission on Judicial Fitness and Disability (ORS by order of the President. 1.410) Dick Feeney (r) Rules SB 233 -- Report by Committee on Business and Labor recommending passage with amendments. Land Conservation and Development Commission SB 326 -- Report by Committee on Human (ORS 197.030) Resources recommending passage with amendments. John Van Landingham (r) Rules Referred to Committee on Ways and Means by prior reference. Land Use Board of Appeals (ORS 197.810) SENATE JOURNAL SJ-79

Tod Bassham (r) Rules HB 2211 -- Report by Committee on Anne Corcoran Briggs (r) Rules Transportation and Economic Development Michael Holstun (r) Rules recommending passage.

Oregon State Board of Nursing (OR 678.140) HB 2223 -- Report by Committee on Marguerite Gutierrez Rules Transportation and Economic Development Rolf Olson (r) Rules recommending passage with amendments. Beverly Shields Rules Sandy Theis Rules SB 213, 233, 401, 549 -- Read second time and passed to third reading. Janet Wright Rules

SB 10 A-Eng. -- Read third time. Carried by State Parks and Recreation Commission (ORS President Courtney. Call of the Senate demanded by 390.114) Brown joined by Metsger and Gordly. All present. On Nik Blosser (r) Rules passage of bill the vote was: Ayes, 22; nays, 8 – Atkinson, Beyer, Clarno, George, Harper, Minnis, Oregon Racing Commission (ORS 462.210) Morse, Winters. Bill passed. Jeff Gilmour (r) Rules Stephen Walters (r) Rules HJM 5; HB 2272, 2389, 2542, 2818 -- Read first time and referred to President’s desk. SB 81 -- President Courtney signed on March 18. HB 2211 -- Read second time and passed to third reading. Senate adjourned until 11:00 a.m. Wednesday by unanimous consent at the request of the Chair. The following measures were referred to committee on March 18 and recorded on Committee Referral List No. 32 which was distributed to Wednesday, March 19, 2003 -- Morning Session members. Referral list recorded in the Journal and Status Report by order of the President. Senate convened at 11:00 a.m. Walker in Chair. The following members were present: Atkinson, SB 866 Agriculture and Natural Resources Beyer, Brown, Burdick, Carter, Clarno, Corcoran, SB 867 General Government; Ways and Means Deckert, Devlin, Dukes, Ferrioli, Fisher, George, SB 868 Judiciary Gordly, Hannon, Harper, Messerle, Metsger, Minnis, SB 869 Transportation and Economic Development; Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Ways and Means Starr, B., Starr, C., Winters, President Courtney. Colors were posted and the Senate pledged allegiance SB 870 Education; Ways and Means to the flag. Invocation by Senator Bill Fisher, SB 872 Business and Labor Roseburg. SB 873 Business and Labor SB 874 Revenue SB 173, 220, 353; HB 2272, 2389, 2542, 2818 -- SB 875 Health Policy Message from the House announcing passage. HJM 2 Health Policy HB 2050 Judiciary HJM 5 -- Message from the House announcing adoption. HB 2086 Judiciary HB 2099 Judiciary HB 2200 -- Message from the House announcing HB 2130 General Government concurrence in Senate amendments and repassage. HB 2187 Revenue HB 2219 Transportation and Economic Development Committee Report Summary No. 41 listing the HB 2221 Judiciary following reports was distributed to members today. HB 2222 Transportation and Economic Development Summary list recorded in Journal and Status Report by order of the President. HB 2277 Judiciary HB 2312 Revenue SB 213 -- Report by Committee on HB 2379 Revenue Transportation and Economic Development HB 2380 Revenue recommending passage and be placed on the HB 2422 Judiciary Unanimous Consent Calendar. HB 2634 Transportation and Economic Development HB 2645 Judiciary SB 229 -- Report by Committee on Revenue recommending passage with amendments. Senate adjourned until 11:00 a.m. Thursday by unanimous consent at the request of the Chair. SB 667 -- Report by Committee on Water and Land Use recommending passage with amendments.

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Thursday, March 20, 2003 -- Morning Session SB 185, 229, 303, 667, 676 -- Read second time and passed to third reading.

Senate convened at 11:00 a.m. President Senate recessed until 11:42 a.m. by unanimous Courtney in Chair. The following members were consent on motion of Clarno. present: Atkinson, Beyer, Burdick, Carter, Brown, Clarno, Deckert, Devlin, Dukes, Fisher, George, Hannon, Harper, Messerle, Metsger, Minnis, Senate reconvened at 11:42 a.m. President Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., Courtney in Chair. All present except Atkinson, Starr, C., Walker, Winters; excused -- Corcoran; Brown, Deckert, Fisher, absent; Carter, Corcoran, attending legislative business -- Ferrioli, Gordly, excused; Ferrioli, attending legislative business. Schrader. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Marv Senate, having recessed under the order of Third Shrom, Hillsboro. Reading of Senate Measures, resumed under that order of business by unanimous consent at the SB 193; HB 2401, 2489, 2564, 2691, 2743 -- request of the Chair. Message from the House announcing passage. SB 233 A-Eng. -- Read third time. Carried by SB 81 -- Message from the House announcing the Walker. On passage of bill the vote was: Ayes, 25; Speaker signed on March 18. excused, 3 – Carter, Corcoran, Gordly; attending legislative business, 2 – Ferrioli, Winters. Bill passed. Committee Report Summary No. 42 listing the following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 401 A-Eng. -- Read third time. Carried by by order of the President. Morrisette. On passage of bill the vote was: Ayes, 26; excused, 2 – Carter, Corcoran; attending legislative business, 2 – Ferrioli, Winters. Bill passed. SB 32 -- Report by Committee on Judiciary recommending passage with amendments. SB 549 A-Eng. -- Read third time. Carried by Starr, B. Call of the Senate demanded by Brown SB 145 -- Report by Committee on Health Policy joined by Devlin and Gordly. All present except recommending passage with amendments and Corcoran, excused; Ferrioli, Winters, attending requesting subsequent referral to Committee on Ways legislative business. On passage of bill the vote was: and Means be rescinded. Subsequent referral Ayes, 20; nays, 7 – Atkinson, Beyer, Fisher, George, rescinded by order of the President in agreement with Harper, Minnis, Morrisette; excused, 1 – Corcoran; the President Pro Tempore. attending legislative business, 2 – Ferrioli, Winters. Bill passed. SB 184 -- Report by Committee on Education recommending passage. Referred to Committee on HB 2401, 2489, 2564, 2691, 2743 -- Read first Ways and Means by prior reference. time and referred to President’s desk.

SB 185 -- Report by Committee on Education HB 2023, 2223, 2622 -- Read second time and recommending passage and requesting subsequent passed to third reading. referral to Committee on Ways and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with the President Pro HB 2211 -- Read third time. Carried by Starr, B. Tempore. On passage of bill the vote was: Ayes, 27; excused, 1 – Corcoran; attending legislative business, 2 – Ferrioli, Winters. Bill passed. SB 303 -- Report by Committee on Judiciary recommending passage. Senate adjourned until 8:30 a.m. Friday by unanimous consent at the request of the Chair. SB 650 -- Report by Committee on General Government recommending passage. Referred to Committee on Ways and Means by prior reference. Friday, March 21, 2003 -- Morning Session SB 676 -- Report by Committee on General Government recommending passage. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: HB 2023 -- Report by Committee on Revenue Atkinson, Beyer, Brown, Burdick, Carter, Clarno, recommending passage of the A-engrossed bill. Deckert, Devlin, Dukes, Ferrioli, Fisher, George Gordly, Hannon, Harper, Messerle, Metsger, Minnis, HB 2622 -- Report by Committee on Revenue Morrisette, Morse, Nelson, Schrader, Shields, Starr, recommending passage. B., Starr, C., Walker, Winters; excused -- Corcoran, Ringo. Colors were posted and the Senate pledged allegiance to the flag. Invocation by students of SB 877 -- Introduced, read first time and Providence Academy, Wallowa. referred to President’s desk. SENATE JOURNAL SJ-81

HB 2213, 2454, 2491 -- Message from the House HB 2223 A-Eng. -- Read third time. Carried by announcing passage. Starr, B. On passage of bill the vote was: Ayes, 28; excused, 2 – Corcoran, Ringo. Bill passed. HJM 4 -- Message from the House announcing adoption. HB 2622 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 28; excused, 2 – HB 2317 -- Message from the House announcing Corcoran, Ringo. Bill passed. concurrence in Senate amendments and repassage. HJM 4; HB 2213, 2454, 2491 -- Read first time Committee Report Summary No. 43 listing the and referred to President’s desk. following reports was distributed to members today. Summary list recorded in Journal and Status Report President Courtney announced the following by order of the President. committee assignments effective March 21.

SB 403 -- Report by Committee on Human PER DIEM COMMITTEE Resources recommending passage. Senator Tony Corcoran, Chair SB 404 -- Report by Committee on Human Senator Ken Messerle Resources recommending passage. Senator David Nelson Senator Vicki Walker SB 648 -- Report by Committee on Human Resources recommending passage. SB 147, 222, 224, 321, 353 -- President Courtney signed on March 20. SB 673 -- Report by Committee on Agriculture and Natural Resources recommending passage with Senate adjourned until 11:00 a.m. Monday by amendments. unanimous consent at the request of the Chair.

SR 2 -- Introduced, read first time and passed to Monday, March 24, 2003 -- Morning Session calendar.

SB 32, 145, 403, 404, 648 -- Read second time Senate convened at 11:00 a.m. Starr, B. in Chair. and passed to third reading. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Deckert, SR 2 -- Read final time. Carried by Harper. On Devlin, Dukes, Ferrioli, Fisher, George, Gordly, adoption of resolution, the vote was: Ayes, 28; Hannon, Harper, Messerle, Metsger, Minnis, excused, 2 – Corcoran, Ringo. Resolution adopted. Morrisette, Morse, Nelson, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; excused -- Beyer, Corcoran. Colors were posted and the Senate pledged SB 185 -- Read third time. Carried by Starr, C. allegiance to the flag. Invocation by Kenneth On passage of bill the vote was: Ayes, 26; nays, 1 – Erickson, Associate Rector of St. Paul’s Episcopal George; excused, 2 – Corcoran, Ringo; attending Church, Salem. legislative business, 1 – Brown. Bill passed. HR 2 -- Message from the House announcing SB 229 A-Eng. -- Read third time. Carried by adoption. Deckert. On passage of bill the vote was: Ayes, 27; excused, 2 – Corcoran, Ringo; attending legislative business, 1 – Brown. Bill passed. SB 147, 222, 224, 321, 353; HB 2024, 2025, 2026, 2027, 2098, 2136, 2176, 2321, 2424, 2426 -- Message from the House announcing the Speaker signed on SB 303 -- Read third time. Carried by Walker. March 21. On passage of bill the vote was: Ayes, 28; excused, 2 – Corcoran, Ringo. Bill passed. Committee Report Summary No. 44 listing the following reports was distributed to members today. SB 667 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Schrader. On passage of bill the vote was: Ayes, 27; by order of the President. nays, 1 – Burdick; excused, 2 – Corcoran, Ringo. Bill passed. SJR 38 -- Report by Committee on Rules recommending adoption with amendments. SB 676 -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 28; excused, 2 – Corcoran, Ringo. Bill passed. SB 9 -- Report by Committee on Human Resources recommending passage with amendments. HB 2023 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 28; SB 19 -- Report by Committee on Judiciary excused, 2 – Corcoran, Ringo. Bill passed. recommending passage with amendments.

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SB 33 -- Report by Committee on Judiciary of bill the vote was: Ayes, 28; excused, 2 – Beyer, recommending passage with amendments. Corcoran. Bill passed.

SB 46 -- Report by Committee on Judiciary HB 2024, 2025, 2026, 2027, 2098, 2136, 2176, recommending passage with amendments. 2321, 2424, 2426 -- President Courtney signed on March 24. SB 112 -- Report by Committee on Judiciary recommending passage with amendments. Senate adjourned until 11:00 a.m. Tuesday by unanimous consent at the request of the Chair.

SB 252 -- Report by Committee on Business and Labor recommending passage with amendments to the A-engrossed bill. Tuesday, March 25, 2003 -- Morning Session

SB 328 -- Report by Committee on Business and Senate convened at 11:00 a.m. President Labor recommending passage with amendments. Courtney in Chair. The following members were present: Atkinson, Brown, Burdick, Carter, Clarno, SB 468 -- Report by Committee on Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Transportation and Economic Development George, Gordly, Hannon, Harper, Messerle, Metsger, recommending passage with amendments. Referred Minnis, Morrisette, Morse, Nelson, Ringo, Shields, to Committee on Ways and Means by prior reference. Starr, B., Starr, C., Walker; Winters; excused -- Beyer; attending legislative business -- Schrader. SB 584 -- Report by Committee on Rules Colors were posted and the Senate pledged allegiance recommending passage. to the flag. Invocation by Steve Sprecher, Assistant to the Bishop of the Oregon-Idaho Annual Conference of HB 2158 -- Report by Committee on Agriculture the United Methodist Church. and Natural Resources recommending passage. HB 2119, 2398, 2456, 2545, 2573, 2799 -- HB 2487 -- Report by Committee on Health Message from the House announcing passage. Policy recommending passage. HB 2033, 2192, 2295 -- Message from the House SB 878, 879 -- Introduced, read first time and announcing the Speaker signed on March 24. referred to President’s desk. Committee Report Summary No. 45 listing the SB 584, 673 -- Read second time and passed to following reports was distributed to members today. third reading. Summary list recorded in Journal and Status Report by order of the President. SB 32 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 26; SJR 11 -- Report by Committee on Rules nays, 1 – Schrader; excused, 3 – Beyer, Carter, recommending adoption. Corcoran. Bill passed. SB 74 -- Report by Committee on Health Policy SB 145 A-Eng. -- Read third time. Carried by recommending passage with amendments. Morrisette. On passage of bill the vote was: Ayes, 23; nays, 5 – Fisher, George, Schrader, Starr, B., Starr, SB 101 -- Report by Committee on Judiciary C.; excused, 2 – Beyer, Corcoran. Bill passed. recommending passage with amendments.

SB 403 -- Read third time. Carried by SB 143 -- Report by Committee on Human Morrisette. On passage of bill the vote was: Ayes, 28; Resources recommending passage with amendments. excused, 2 – Beyer, Corcoran. Bill passed. Referred to Committee on Ways and Means by prior reference. SB 404 -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 28; SB 215 -- Report by Committee on Business and excused, 2 – Beyer, Corcoran. Bill passed. Labor recommending passage with amendments.

SB 648 -- Read third time. Carried by Ferrioli. SB 392 -- Report by Committee on Health Policy On passage of bill the vote was: Ayes, 28; excused, 2 – recommending passage with amendments. Referred Beyer, Corcoran. Bill passed. to Committee on Ways and Means by order of the President in agreement with the President Pro HB 2158, 2487 -- Read second time and passed to Tempore. third reading. SB 739 -- Report by Committee on Business and SB 213 -- Read third time under Unanimous Labor recommending passage. Consent Calendar. Carried by Metsger. On passage SENATE JOURNAL SJ-83

SB 803 -- Report by Committee on Human SB 871 Revenue Resources recommending passage. SB 876 General Government HJM 5 Revenue HB 2055 -- Report by Committee on Business and Labor recommending passage with amendments HB 2075 Business and Labor to the A-engrossed bill. HB 2101 Judiciary HB 2210 Business and Labor The Chair announced that the Per Diem HB 2272 Judiciary Committee report for the Seventy-second Legislative HB 2305 Judiciary Assembly is at the Senate Desk and is available for HB 2306 Judiciary review by the members. Chair ordered report recorded in the Journal. HB 2307 Judiciary HB 2309 Judiciary March 24, 2003 HB 2389 Business and Labor HB 2526 Judiciary Mr. President: HB 2542 Transportation and Economic Development HB 2818 General Government The Per Diem Committee has fixed the salaries of the Senate employees as shown in the attached listing. The SB 173, 193, 220; HB 2033, 2192, 2295 -- Legislative Administration Committee is directed to issue President Courtney signed on March 25. paychecks to all Senate employees at the customary time, payable from the appropriation for the expenses of the Senate adjourned until 11:00 a.m. Wednesday by regular session of the Seventy-second Legislative Assembly. unanimous consent at the request of the Chair. Senator Tony Corcoran, Chair Wednesday, March 26, 2003 -- Morning Session Senator Ken Messerle Senator David Nelson Senator Vicki Walker Senate convened at 11:00 a.m. Shields in Chair. The following members were present: Atkinson, (Per Diem Report filed in original documents Beyer, Brown, Burdick, Carter, Clarno, Corcoran, file.) Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, SB 880, 881, 882, 883 -- Introduced, read first Morrisette, Morse, Nelson, Ringo, Schrader, Starr, B., time and referred to President’s desk. Starr, C., Walker, Winters, President Courtney. Colors were posted and the Senate pledged allegiance SJR 11, 38; SB 9, 19, 33, 46, 112, 328, 739, 803 -- to the flag. Invocation by Reverend Becca Wenger of Read second time and passed to third reading. the Morningside United Methodist Church, Salem.

SB 584 -- Read third time. Carried by Brown. The following message from the Governor was On passage of bill the vote was: Ayes, 28; excused, 1 – Beyer; attending legislative business, 1 – Schrader. read and referred to the Committee on Rules: Bill passed. March 25, 2003 SB 673 A-Eng. -- Read third time. Carried by TO THE HONORABLE PRESIDENT OF THE SENATE Messerle. On passage of bill the vote was: Ayes, 26; OF THE 72nd LEGISLATIVE ASSEMBLY nays, 2 – Hannon, Harper; excused, 1 – Beyer; attending legislative business, 1 – Schrader. Bill ORS 442.011 provides that the Governor shall appoint the passed. Administrator of the Office for Oregon Health Policy and Research, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 2158 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 27; excused, 1 – I appoint Bruce Goldberg of Portland as the Administrator Beyer; attending legislative business, 2 – Gordly, of the Office for Oregon Health Policy and Research for a Schrader. Bill passed. term beginning February 1, 2003, and serving at the pleasure of the Governor, effective upon Senate HB 2487 -- Read third time. Carried by Fisher. confirmation. On passage of bill the vote was: Ayes, 27; excused, 1 – This appointment is submitted for your consideration. Beyer; attending legislative business, 2 – Gordly, Schrader. Bill passed. Sincerely, Ted Kulongoski Governor HB 2119, 2398, 2456, 2545, 2573, 2799 -- Read first time and referred to President’s desk. SB 81, 85 -- Message from the Governor announcing he signed on March 25. The following measures were referred to committee on March 24 and recorded on Committee HB 2558 -- Message from the House announcing Referral List No. 33 which was distributed to passage. members. Referral list recorded in the Journal and Status Report by order of the President.

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HJR 16 -- Message from the House announcing HJR 16; HB 2558 -- Read first time and referred adoption. to President’s desk.

HB 2223 -- Message from the House announcing HB 2055 -- Read second time and passed to third concurrence in Senate amendments and repassage. reading.

Committee Report Summary No. 46 listing the Senate adjourned until 10:00 a.m. 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, March 27, 2003 -- Morning Session SJR 7 -- Report by Committee on Education recommending adoption. Referred to Committee on Senate convened at 10:00 a.m. President Revenue by prior reference. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, SB 94 -- Report by Committee on Water and Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Land Use recommending passage with amendments. Fisher, George, Hannon, Harper, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., SB 137 -- Report by Committee on Rules Starr, C., Walker, Winters; attending legislative recommending passage with amendments. business -- Gordly, Messerle, Schrader. Colors were posted and the Senate pledged allegiance to the flag. SB 179 -- Report by Committee on Invocation by Senator Bruce Starr, Aloha. Transportation and Economic Development recommending passage with amendments. HB 2226, 2338, 2393, 2517, 2682, 3026 -- Message from the House announcing passage. SB 181 -- Report by Committee on Transportation and Economic Development HB 2035, 2200, 2211, 2317 -- Message from the recommending passage with amendments. House announcing the Speaker signed on March 25.

SB 310 -- Report by Committee on Water and SB 173, 193, 220 -- Message from the House Land Use recommending passage. announcing the Speaker signed on March 26.

SB 319 -- Report by Committee on Rules Committee Report Summary No. 47 listing the recommending passage with amendments. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 692 -- Report by Committee on General by order of the President. Government recommending passage with amendments. SJR 13 -- Report by Committee on Rules without recommendation as to adoption and requesting SB 74, 101, 215, 310 -- Read second time and referral to Revenue. Referred to Committee on passed to third reading. Revenue by order of the President in agreement with the President Pro Tempore. SJR 11 -- Read final time. Carried by Devlin. Call of the Senate demanded by Brown joined by SJR 14 -- Report by Committee on Rules without Gordly and Starr, C. All present. On adoption of recommendation as to adoption and requesting resolution, the vote was: Ayes, 20; nays, 10 – referral to Transportation and Economic Corcoran, Deckert, Dukes, Fisher, Hannon, Minnis, Development. Referred to Committee on Morse, Nelson, Schrader, Walker. Resolution Transportation and Economic Development by order adopted. of the President in agreement with the President Pro Tempore. SJR 38 A-Eng. -- Read final time. Carried by Clarno, Harper. On adoption of resolution, the vote SJR 30 -- Report by Committee on Rules without was: Ayes, 29; attending legislative business, 1 – recommendation as to adoption and requesting Starr, B. Resolution adopted. referral to Revenue. Referred to Committee on Revenue by order of the President in agreement with SB 9 A-Eng. -- Read third time. Carried by the President Pro Tempore. Fisher. On passage of bill the vote was: Ayes, 28; excused, 1 – Winters; attending legislative business, 1 SB 327 -- Report by Committee on Revenue – Starr, B. Bill passed. recommending passage.

SB 19, 33, 46, 112, 252, 328, 739, 803 -- Carried HB 2546 -- Report by Committee on Agriculture over to March 27 calendar by unanimous consent at and Natural Resources recommending passage. the request of the Chair. SB 94, 137, 179, 181, 319, 327, 692 -- Read second time and passed to third reading. SENATE JOURNAL SJ-85

SB 19 A-Eng. -- Read third time. Carried by HB 2055 B-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 27; Winters. On passage of bill the vote was: Ayes, 23; attending legislative business, 3 – Gordly, Messerle, nays, 5 – Carter, Corcoran, Hannon, Ringo, Shields; Schrader. Bill passed. attending legislative business, 2 – Gordly, Schrader. Bill passed. SB 33 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 27; The following measures were referred to attending legislative business, 3 – Gordly, Messerle, committee on March 26 and recorded on Committee Schrader. Bill passed. Referral List No. 34 which was distributed to members. Referral list recorded in the Journal and SB 46 A-Eng. -- Read third time. Carried by Status Report by order of the President. Minnis. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Gordly, Messerle, Administrator of the Office for Oregon Health Policy Schrader. Bill passed. and Research (ORS 422.011) Bruce Goldberg Rules SB 112 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 26; President Courtney announced the following attending legislative business, 4 – Gordly, Messerle, committee assignments effective March 24. Nelson, Schrader. Bill passed LEGISLATIVE ADMINISTRATION COMMITTEE SB 252 B-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 26; Senator Peter Courtney, Co-Chair nays, 1 – Hannon; attending legislative business, 3 – Senator Kate Brown Gordly, Nelson, Schrader. Bill passed. Senator Beverly Clarno SB 328 A-Eng. -- Read third time. Carried by Senator Lenn Hannon Beyer. On passage of bill the vote was: Ayes, 27; Senator Ginny Burdick, Alternate for Co-Chair attending legislative business, 3 – Gordly, Nelson, President Courtney announced the following Schrader. Bill passed. committee assignments effective March 25.

SB 739 -- Read third time. Carried by Minnis. SPECIAL COMMITTEE ON CONDUCT On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Gordly, Nelson, Schrader. Senator Joan Dukes, Co-Chair Bill passed. Senator Ken Messerle, Co-Chair Senator Jason Atkinson SB 803 -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 26; nays, 1 – Senator Margaret Carter Hannon; attending legislative business, 3 – Gordly, Senator Frank Morse Nelson, Schrader. Bill passed. Senator Charlie Ringo Senate adjourned until 11:00 a.m. Monday by SB 74 A-Eng. -- Read third time. Carried by unanimous consent at the request of the Chair. Morrisette. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Gordly, Nelson, Schrader. Bill passed. Monday, March 31, 2003 -- Morning Session SB 101 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; Senate convened at 11:00 a.m. Winters in Chair. nays, 1 – Hannon; attending legislative business, 3 – The following members were present: Atkinson, Gordly, Nelson, Schrader. Bill passed. Brown, Burdick, Carter, Clarno, Deckert, Devlin, Dukes, Ferrioli, George, Hannon, Harper, Messerle, SB 215 -- Taken from its place on today’s third Metsger, Minnis, Morrisette, Morse, Nelson, Starr, C., reading calendar and placed on March 31 calendar by Ringo, Schrader, Starr, B., Walker; President voice vote on motion of Beyer. Courtney; -- attending legislative business -- Beyer, Corcoran, Fisher, Gordly, Shields. Colors were posted SB 310 -- Read third time. Carried by Ferrioli. and the Senate pledged allegiance to the flag. On passage of bill the vote was: Ayes, 19; nays, 9 – Invocation by Senator Jackie Winters, Salem. Atkinson, Brown, Burdick, Carter, Deckert, Hannon, Ringo, Shields, Walker; attending legislative SB 147, 222, 224, 321, 353 -- Message from the business, 2 – Gordly, Schrader. Bill passed. Governor announcing he signed on March 28.

HB 2226, 2338, 2393, 2517, 2682, 3026 -- Read HB 2023, 2622 -- Message from the House first time and referred to President’s desk. announcing Speaker signed on March 27.

HB 2546 -- Read second time and passed to third Committee Report Summary No. 48 listing the reading. following reports was distributed to members today.

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Summary list recorded in Journal and Status Report HB 2401 General Government by order of the President. HB 2454 Revenue HB 2489 Revenue SB 236 -- Report by Committee on Business and HB 2491 General Government Labor recommending passage with amendments. HB 2564 Business and Labor HB 2691 Transportation and Economic Development SB 215 -- Rereferred to Committee on Business HB 2743 General Government and Labor by voice vote on motion of Nelson. SR 2; HB 2035, 2200, 2211, 2317 -- President SCR 5; SB 884, 885 -- Introduced, read first time Courtney signed on March 27. and referred to President’s desk. HB 2023, 2622 -- President Courtney signed on SB 94 A-Eng. -- Read third time. Carried by March 31. Ringo. On passage of bill the vote was: Ayes, 28; nays, 1 – George; attending legislative business, 1 – Senate adjourned until 11:00 a.m. Tuesday by Shields. Bill passed. unanimous consent at the request of the Chair.

SB 137 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Shields. Bill Tuesday, April 1, 2003 -- Morning Session passed. Senate convened at 11:00 a.m. President SB 179 A-Eng. -- Read third time. Carried by Courtney in Chair. The following members were Starr, B. On passage of bill the vote was: Ayes, 28; present: Atkinson, Beyer, Brown, Burdick, Carter, nays, 1 – Schrader; attending legislative business, 1 – Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Shields. Bill passed. Fisher, George, Gordly, Harper, Hannon, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, SB 181 A-Eng. -- Read third time. Carried by Shields, Starr, B., Starr, C., Walker, Winters; Metsger. On passage of bill the vote was: Ayes, 28; attending legislative business -- Schrader. Colors nays, 1 – Schrader; attending legislative business, 1 – were posted and the Senate pledged allegiance to the Shields. Bill passed. flag. Invocation by Senator Bill Fisher, Roseburg.

SB 319 A-Eng. -- Read third time. Carried by SB 2; HB 2047, 2091, 2110, 2206, 2475, 2533, Walker. On passage of bill the vote was: Ayes, 29; 2671, 2846, 2853, 3014 -- Message from the House attending legislative business, 1 – Shields. Bill announcing passage. passed. HJM 3 -- Message from the House announcing SB 327 -- Read third time. Carried by Messerle. adoption. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Shields. Bill passed. Committee Report Summary No. 49 listing the following reports was distributed to members today. SB 692 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Starr, B. On passage of bill the vote was: Ayes, 29; by order of the President. attending legislative business, 1 – Shields. Bill passed. SCR 3 -- Report by Committee on Rules recommending adoption with amendments. HB 2152, 2333, 2547, 2676, 2689 -- Read first time and referred to President’s desk. SCR 4 -- Report by Committee on Rules recommending adoption. HB 2546 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 28; nays, 1 – SJM 3 -- Report by Committee on Rules Atkinson; attending legislative business, 1 – Shields. recommending adoption. Bill passed. SJM 5 -- Report by Committee on Rules The following measures were referred to recommending adoption. committee on March 27 and recorded on Committee Referral List No. 35 which was distributed to SM 1 -- Report by Committee on Rules without members. Referral list recorded in the Journal and recommendation as to adoption and requesting Status Report by order of the President. referral to Committee on Water and Land Use. SB 877 Business and Labor Referred to Committee on Water and Land Use by SB 878 Health Policy order of the President in agreement with the SB 879 Judiciary President Pro Tempore. HJM 4 Health Policy HB 2213 Revenue SENATE JOURNAL SJ-87

SM 3 -- Report by Committee on Rules without (appearance waived) to the State Parks and recommendation as to adoption and requesting Recreation Commission be confirmed. referral to Committee on Agriculture and Natural Resources. Referred to Committee on Agriculture and Report by Committee on Rules recommending Natural Resources by order of the President in that the Governor’s reappointments of Jeff Gilmour agreement with the President Pro Tempore. (appearance waived) and Stephen Walters (appearance waived) to the Oregon Racing SB 43 -- Report by Committee on Business and Commission be confirmed en bloc. Labor recommending passage with amendments to the A-engrossed bill and requesting subsequent SJM 3; SCR 4; SJM 5; SB 286, 487, 688 -- Read referral to Committee on Judiciary be rescinded. second time and passed to third reading. Subsequent referral rescinded by order of the President in agreement with the President Pro HJM 3; HB 2047, 2091, 2110, 2206, 2475, 2533, Tempore. 2671, 2846, 2853, 3014 -- Read first time and referred to President’s desk. SB 63 -- Report by Committee on Business and Labor recommending passage with amendments. HB 2173 -- Read second time and passed to third Referred to Committee on Ways and Means by order reading. of the President in agreement with the President Pro Tempore. SB 2 -- President Courtney signed on April 1. SB 331 -- Report by Committee on Revenue recommending passage with amendments. Senate adjourned until 11:00 a.m. Wednesday by unanimous consent at the request of the Chair. SB 425 -- Report by Committee on Transportation and Economic Development Wednesday, April 2, 2003 -- Morning Session recommending passage with amendments.

SB 474 -- Report by Committee on Senate convened at 11:00 a.m. Devlin in Chair. Transportation and Economic Development The following members were present: Atkinson, recommending passage. Referred to Committee on Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Ways and Means by prior reference. Deckert, Dukes, Ferrioli, Fisher, George, Gordly, Harper, Hannon, Messerle, Metsger, Minnis, SB 487 -- Report by Committee on Judiciary Morrisette, Morse, Nelson, Ringo, Schrader, Shields, recommending passage. Starr, B., Starr, C., Walker, Winters, President Courtney. Colors were posted and the Senate pledged SB 687 -- Report by Committee on allegiance to the flag. Invocation by Reverend Richard Transportation and Economic Development Morrow of the Union Gospel Mission, Salem. recommending passage with amendments and requesting subsequent referral to Committee on Ways SB 2 -- Message from the Governor announcing and Means be rescinded. Subsequent referral he signed on April 2. rescinded by order of the President in agreement with the President Pro Tempore. HB 2055 -- Message from the House announcing concurrence in Senate amendments and repassage. SB 688 -- Report by Committee on Transportation and Economic Development HB 2049, 2061, 2063, 2624, 2624, 2763, 2997 -- recommending passage. Message from the House announcing passage.

HB 2173 -- Report by Committee on SB 2 -- Message from the House announcing the Transportation and Economic Development Speaker signed on April 1. recommending passage. Committee Report Summary No. 50 listing the Report by Committee on Rules recommending following reports was distributed to members today. that the Governor’s appointment of Rodney Nichols Summary list recorded in Journal and Status Report (appearance waived) to the Oregon Board of Dentistry by order of the President. be confirmed. SB 304 -- Report by Committee on Judiciary Report by Committee on Rules recommending recommending passage. that the Governor’s reappointment of Dick Feeney (appearance waived) to the Commission on Judicial SB 716 -- Report by Committee on Judiciary Fitness and Disability be confirmed. recommending passage with amendments.

Report by Committee on Rules recommending HB 2312 -- Report by Committee on Revenue that the Governor’s reappointment of Nik Blosser recommending passage.

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Brown moved that the Senate confirm the The following measures were referred to Governor’s reappointment of Rodney Nichols to the committee on April 1 and recorded on Committee Oregon Board of Dentistry. On confirmation the vote Referral List No. 36 which was distributed to was: Ayes, 25; excused, 3—Metsger, Minnis, Ringo; members. Referral list recorded in the Journal and attending legislative business, 2--Carter, Messerle. Status Report by order of the President. Confirmed. SB 880 Judiciary Brown moved that the Senate confirm the SB 881 Revenue Governor’s reappointment of Dick Feeney to the SB 882 Judiciary Judicial Fitness and Disability Board. On SB 883 General Government confirmation the vote was: Ayes, 27; excused, 1 – HJR 16 Education Corcoran; attending legislative business, 2 – Carter, Messerle. Confirmed HB 2119 Judiciary HB 2226 Agriculture and Natural Resources Brown moved that the Senate confirm the HB 2338 Transportation and Economic Development Governor’s reappointment of Nik Blosser to the State HB 2393 Transportation and Economic Development Parks and Recreation Commission. On confirmation HB 2398 Transportation and Economic Development the vote was: Ayes, 28; attending legislative business, HB 2456 Water and Land Use 2 – Carter, Messerle. Confirmed. HB 2517 Human Resources Brown moved that the Senate confirm en bloc HB 2545 Water and Land Use the Governor’s reappointments of Jeff Gilmour and HB 2558 Health Policy Stephen Walters to the Racing Commission. On HB 2573 Transportation and Economic Development confirmation the vote was: Ayes, 28; attending HB 2682 Judiciary legislative business, 2 – Carter, Messerle. Confirmed HB 2799 Agriculture and Natural Resources en bloc. HB 3026 General Government SCR 3; SB 43, 304, 331, 425, 687 -- Read second Senate adjourned until 11:00 a.m. Thursday by time and passed to third reading. unanimous consent at the request of the Chair.

SCR 4 -- Read final time. Carried by Gordly, Brown. On adoption of resolution, the vote was: Ayes, Thursday, April 3, 2003 -- Morning Session 28; attending legislative business, 2 – Carter, Messerle. Resolution adopted. Senate convened at 11:00 a.m. President Courtney in Chair. The following members were SJM 3 -- Read final time. Carried by George. present: Atkinson, Beyer, Brown, Burdick, Clarno, On adoption of memorial, the vote was: Ayes, 28; Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, nays, 1 – Schrader; attending legislative business, 1 – George, Gordly, Harper, Hannon, Messerle, Metsger, Carter. Memorial adopted. Minnis, Morrisette, Morse, Nelson, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; attending SJM 5 -- Read final time. Carried by Atkinson, legislative business -- Carter, Ringo. Colors were Brown. On adoption of memorial, the vote was: Ayes, posted and the Senate pledged allegiance to the flag. 28; excused, 2 – Corcoran, Shields. Memorial Invocation by Melissa Hayden of the Christian adopted. Science Church, Salem.

SB 286 A-Eng. -- Read third time. Carried by SB 173, 193, 220 -- Message from the Governor Nelson. On passage of bill the vote was: Ayes, 29; announcing he signed on April 2. nays, 1 – Schrader. Bill passed. HB 2240, 2449, 2650, 3151, 3194 -- Message from SB 487 -- Read third time. Carried by Burdick. the House announcing passage. On passage of bill the vote was: Ayes, 30. Bill passed. SJM 2; HCR 5; HJM 6; HR 1 -- Message from SB 688 -- Read third time. Carried by Starr, B. the House announcing adoption. On passage of bill the vote was: Ayes, 29; nays, 1 – Schrader. Bill passed. Committee Report Summary No. 51 listing the following reports was distributed to members today. HB 2049, 2061, 2063, 2624, 2763, 2997 -- Read Summary list recorded in Journal and Status Report first time and referred to President’s desk. by order of the President.

HB 2312 -- Read second time and passed to third SR 1 -- Report by Committee on Rules reading. recommending adoption.

HB 2173 -- Read third time. Taken from its place SB 435 -- Report by Committee on Health Policy on today’s third reading calendar and placed on April recommending passage with amendments. 3 calendar by voice vote on motion of Starr, B. SENATE JOURNAL SJ-89

SB 437 -- Report by Committee on Education HB 2312 -- Read third time. Carried by recommending passage with amendments. Referred Corcoran. On passage of bill the vote was: Ayes, 25; to Committee on Ways and Means by prior reference. nays, 2 – George, Schrader; attending legislative business, 3 – Beyer, Carter, Ringo. Bill passed. SB 606 -- Report by Committee on Human Resources recommending passage. Senate adjourned until 8:30 a.m. Friday by unanimous consent at the request of the Chair. SB 708 -- Report by Committee on Health Policy recommending passage. Friday, April 4, 2003 -- Morning Session SB 795 -- Report by Committee on Transportation and Economic Development Senate convened at 8:30 a.m. President Courtney recommending passage with amendments. in Chair. The following members were present: Atkinson, Beyer, Brown, Carter, Clarno, Corcoran, SCR 3 -- Taken from its place on today’s third Deckert, Devlin, Dukes, Ferrioli, Fisher, George, reading calendar and placed on April 17 calendar by Gordly, Harper, Messerle, Metsger, Minnis, voice vote on motion of Brown. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, C., Walker, Winters; excused -- Burdick, Starr, SB 886, 887, 888 -- Introduced, read first time B.; attending legislative business -- Hannon. Colors and referred to President’s desk. were posted and the Senate pledged allegiance to the flag. Invocation by Reverend Charlie Wallace of SR 1; SB 606, 708, 716 -- Read second time and Willamette University, Salem. passed to third reading. HB 2095, 2131, 2207, 2417, 2425, 2866, 2873 -- SB 43 A-Eng. -- Read third time. Carried by Message from the House announcing passage. Nelson. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Carter, Ringo. Bill Committee Report Summary No. 52 listing the passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 304 -- Read third time. Carried by Ferrioli. by order of the President. On passage of bill the vote was: Ayes, 27; nays, 1 – Schrader; attending legislative business, 2 – Carter, SB 70 -- Report by Committee on Judiciary Ringo. Bill passed. recommending passage with amendments.

SB 331 A-Eng. -- Read third time. Carried by SB 136 -- Report by Committee on Judiciary Ferrioli, Metsger. On passage of bill the vote was: recommending passage with amendments. Ayes, 22; nays, 5 – Beyer, Hannon, Harper, Morrisette, Nelson; excused, 1 – Clarno; attending SB 255 -- Report by Committee on Judiciary legislative business, 2 – Carter, Ringo. Bill passed. recommending passage with amendments.

SB 425 A-Eng. -- Read third time. Carried by SB 259 -- Report by Committee on Judiciary Metsger. On passage of bill the vote was: Ayes, 28; recommending passage. attending legislative business, 2 – Carter, Ringo. Bill passed. SB 397 -- Report by Committee on Judiciary recommending passage with amendments. SB 687 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 26; SB 641 -- Report by Committee on Judiciary nays, 1 – Schrader; attending legislative business, 3 – recommending passage. Carter, Corcoran, Ringo. Bill passed. SB 724 -- Report by Committee on General HCR 5; HJM 6; HB 2240, 2449, 2650, 3151, 3194 Government recommending passage with -- Read first time and referred to President’s desk. amendments.

HB 2173 -- Bill read. Carried by Starr, B. Fisher SB 833 -- Report by Committee on Business and moved that the bill be rereferred to Committee on Labor recommending passage with amendments and Transportation and Economic Development. Senate at requesting subsequent referral to Committee on Ways ease. Senate reassembled. Motion withdrawn by and Means be rescinded. Subsequent referral unanimous consent at the request of Fisher. Metsger rescinded by order of the President in agreement with moved that bill be referred to Committee on Ways the President Pro Tempore. and Means; the vote was: Ayes, 26; nays, 2 – Corcoran, Deckert; attending legislative business, 2 – SB 889 -- Introduced, read first time and Carter, Ringo. Motion carried; referred to Committee referred to President’s desk. on Ways and Means.

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SB 259, 435, 641, 795 -- Read second time and Senate adjourned until 11:00 a.m. Monday by passed to third reading. unanimous consent at the request of the Chair.

SR 1 -- Moved to the foot of today’s calendar by unanimous consent at the request of the chair. Monday, April 7, 2003 -- Morning Session

SB 606 -- Read third time. Carried by Carter. Senate convened at 11:00 a.m. Carter in Chair. On passage of bill the vote was: Ayes, 23; excused, 3 – The following members were present: Atkinson, Burdick, Starr, B., Winters; attending legislative Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, business, 4 – Beyer, Corcoran, Hannon, Schrader. Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Bill passed. Harper, Hannon, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, SB 708 -- Read third time. Taken from its place Starr, B., Starr, C., Walker, Winters, President on today’s third reading calendar and rereferred to Courtney. Colors were posted by the Air Force and Committee on Health Policy by voice vote on motion Army Reserve Officer Training Corps and the Senate of Walker. pledged allegiance to the flag. Invocation by Dr. Timothy White, President of . SB 716 A-Eng. -- Read third time. Carried by Musical performance by Oregon State University Minnis. On passage of bill the vote was: Ayes, 20; Meistersingers, directed by Dr. Steven Zielke, nays, 5 – Atkinson, Dukes, Fisher, Shields, Starr, C.; Director of Choral Activities, Corvallis. excused, 3 – Burdick, Starr, B., Winters; attending legislative business, 2 – Beyer, Hannon. Bill passed. Courtesies of the Senate were extended to former State Senator Cliff Trow and former State SR 1 -- Read final time. Carried by George. On Representative Tony Van Vliet at the request of adoption of resolution, the vote was: Ayes, 27; Brown. excused, 2 – Burdick, Starr, B.; attending legislative business, 1 – Hannon. Resolution adopted. Courtesies of the Senate were extended to former Senate President Tom Hartung at the request of HB 2095, 2131, 2207, 2417, 2425, 2866, 2873 -- Atkinson. Read first time and referred to President’s desk. Courtesies of the Senate were extended to The following measures were referred to current Superintendent of Schools and former State committee on April 3 and recorded on Committee Senator Susan Castillo at the request of President Referral List No. 37 which was distributed to Courtney. members. Referral list recorded in the Journal and Status Report by order of the President. HB 2158, 2223, 2487 -- Message from the House announcing the Speaker signed on April 4. SCR 5 Rules SB 884 Health Policy; Ways and Means Committee Report Summary No. 53 listing the SB 886 Health Policy; Ways and Means following reports was distributed to members today. SB 887 Judiciary Summary list recorded in Journal and Status Report HJM 3 Human Resources by order of the President. HB 2047 Judiciary HB 2049 Judiciary SB 104 -- Report by Committee on Judiciary HB 2061 Judiciary recommending passage with amendments. HB 2063 Judiciary HB 2091 Judiciary SB 355 -- Report by Committee on Business and HB 2110 Judiciary Labor recommending passage with amendments. HB 2152 Revenue HB 2206 Judiciary SB 550 -- Report by Committee on Revenue HB 2333 Business and Labor recommending passage with amendments. HB 2475 Water and Land Use HB 2533 Agriculture and Natural Resources SB 822 -- Report by Committee on Business and HB 2547 Rules; Ways and Means Labor recommending passage and requesting HB 2624 General Government subsequent referral to Committee on Ways and HB 2671 Revenue Means be rescinded. Subsequent referral rescinded by HB 2676 General Government order of the President in agreement with the President Pro Tempore. HB 2763 Rules HB 2846 Business and Labor HJR 4 -- Report by Committee on Health Policy HB 2853 Transportation and Economic Development recommending adoption. HB 2997 Transportation and Economic Development HB 3014 Transportation and Economic Development HB 2130 -- Report by Committee on General Government recommending passage of the A- engrossed bill. SENATE JOURNAL SJ-91

Report by Committee on Rules recommending Tuesday, April 8, 2003 -- Morning Session that the Governor’s appointment of John Van Landingham (appearance waived) to the Land Conservation and Development Commission be Senate convened at 11:00 a.m. President confirmed. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Report by Committee on Rules recommending Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, that the Governor’s reappointments of Tod Bassham Fisher, George, Gordly, Harper, Hannon, Messerle, (appearance waived), Anne Corcoran Briggs Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, (appearance waived), and Michael Holstun Schrader, Shields, Starr, B., Starr, C., Walker, (appearance waived) to the Land Use Board of Winters. Colors were posted and the Senate pledged Appeals be confirmed en bloc. allegiance to the flag. Invocation by Chaplain Frank Carpenter of Capitol Ministries of Oregon, Hillsboro. Report by Committee on Rules recommending that the Governor’s appointments of Marguerite HCR 4 -- Message from the House announcing Gutierrez (appearance waived), Rolf Olson (r) adoption. (appearance waived), Beverly Shields (appearance waived), Sandy Theis (appearance waived), and Janet HB 2115, 2177, 2227, 2230, 2275, 2276, 2372, Wright (appearance waived) to the Oregon State 2501, 2589, 2639, 2674, 2784, 3062, 3107 -- Message Board of Nursing be confirmed en bloc. from the House announcing passage.

Report by Committee on Rules recommending Committee Report Summary No. 54 listing the that the Governor’s appointment of Bruce Goldberg following reports was distributed to members today. (appearance waived) as the Administrator of the Summary list recorded in Journal and Status Report Office for Oregon Health Policy and Research be by order of the President. confirmed. SM 1 -- Report by Committee on Water and Land SB 70, 136, 255, 397, 724, 822, 833 -- Read Use recommending adoption. second time and passed to third reading. SB 102 -- Report by Committee on Rules, signed SB 259 -- Read third time. Carried by Burdick. by Burdick, Vice-Chair, recommending passage with On passage of bill the vote was: Ayes, 28; nays, 2 – amendments. Minority Report, signed by Atkinson, Schrader, Starr, B. Bill passed. Beyer, recommending passage with different amendments. SB 435 A-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 22; SB 554 -- Report by Committee on Human nays, 8 – Beyer, Fisher, George, Morse, Nelson, Resources recommending passage with amendments. Schrader, Starr, B., Winters. Bill passed. SB 777 -- Report by Committee on SB 641 -- Read third time. Carried by Ferrioli. Transportation and Economic Development On passage of bill the vote was: Ayes, 30. Bill passed. recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. SB 795 A-Eng. -- Read third time. Carried by Clarno, Morrisette. On passage of bill the vote was: SB 852 -- Report by Committee on Health Policy Ayes, 25; nays, 5 – Beyer, Fisher, George, Harper, recommending passage with amendments. Referred Schrader. Bill passed. to Committee on Ways and Means by prior reference.

HJR 4; HB 2130 -- Read second time and passed HB 2005 -- Report by Committee on General to third reading. Government recommending passage with amendments to the A-eng. bill. The chair announced the following committee assignment effective April 3. Corcoran moved that the Senate confirm the Governor’s appointment of John Van Landingham to the Land Conservation and Development COMMISSION ON ASIAN AFFAIRS (ORS 185.610) Commission. On confirmation the vote was: Ayes, 27; excused, 3 – Harper, Ringo, Schrader. Confirmed. Senator Kate Brown Clarno moved that the Senate confirm en bloc HB 2158, 2223, 2487 -- President Courtney the Governor’s reappointments of Tod Bassham, Anne signed on April 7. Corcoran Briggs, and Michael Holstun to the Land Use Board of Appeals. On confirmation the vote was: Senate adjourned until 11:00 a.m. Tuesday by Ayes, 28; excused, 2 – Harper, Ringo. Confirmed en unanimous consent at the request of the Chair. bloc.

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Atkinson moved that the Senate confirm en bloc Referral List No. 38 which was distributed to the Governor’s appointments of Marguerite Gutierrez, members. Referral list recorded in the Journal and Rolf Olson (r), Beverly Shields, Sandy Theis and Status Report by order of the President. Janet Wright to the Oregon State Board of Nursing. On confirmation the vote was: Ayes, 27; excused, 2 – SB 885 Human Resources Harper, Ringo; attending legislative business, 1 – HCR 5 Rules Brown. Confirmed en bloc. HJM 6 Agriculture and Natural Resources HB 2095 Judiciary; Ways and Means Atkinson moved that the Senate confirm the HB 2131 Revenue Governor’s appointment of Bruce Goldberg as the Administrator of the Office for Oregon Health Policy HB 2207 Judiciary and Research. On confirmation the vote was: Ayes, HB 2240 Human Resources 28; excused, 2 – Harper, Ringo. Confirmed. HB 2417 General Government; Ways and Means HB 2425 Judiciary SM 1; SB 104, 355, 550 -- Read second time and HB 2449 Judiciary passed to third reading. HB 2650 Revenue HB 2689 Water and Land Use SB 70 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 28; HB 2866 Judiciary excused, 2 – Harper, Ringo. Bill passed. HB 2873 Judiciary HB 3151 Transportation and Economic Development SB 136 A-Eng. -- Read third time. Carried by HB 3194 General Government Ferrioli. On passage of bill the vote was: Ayes, 28; excused, 2 – Harper, Ringo. Bill passed. Senate adjourned until 11:00 a.m. Wednesday by unanimous consent at the request of the Chair. SB 255 A-Eng. -- Read third time. Carried by Schrader. On passage of bill the vote was: Ayes, 27; Wednesday, April 9, 2003 -- Morning Session nays, 2 – Beyer, George; excused, 1 – Harper. Bill passed. Senate convened at 11:00 a.m. Ferrioli in Chair. SB 397 A-Eng. -- Read third time. Carried by The following members were present: Atkinson, Minnis. On passage of bill the vote was: Ayes, 28; Beyer, Brown, Burdick, Carter, Clarno, Corcoran, excused, 2 – Clarno, Harper. Bill passed. Deckert, Devlin, Dukes, Fisher, George, Gordly, Harper, Hannon, Messerle, Metsger, Minnis, SB 724 A-Eng. -- Read third time. Carried by Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Corcoran. On passage of bill the vote was: Ayes, 25; Starr, B., Starr, C., Walker, Winters, President nays, 2 – Hannon, Schrader; excused, 3 – Carter, Courtney. Colors were posted and the Senate pledged Clarno, Harper. Bill passed. allegiance to the flag. Invocation by Pastor Eric Burtness of St. Matthew Lutheran Church, Beaverton. Musical performance by Astoria Tuba SB 822 -- Read third time. Carried by Nelson. Quartet, Astoria. On passage of bill the vote was: Ayes, 25; nays, 2 – Hannon, Schrader; excused, 3 – Carter, Clarno, Harper. Bill passed. HB 2054, 2186, 2770, 2996, 3001, 3010, 3123 -- Message from the House announcing passage. SB 833 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; Committee Report Summary No. 55 listing the nays, 2 – Hannon, Winters; excused, 2 – Carter, following reports was distributed to members today. Harper. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HCR 4; HB 2115, 2177, 2227, 2230, 2275, 2276, 2372, 2501, 2589, 2639, 2674, 2784, 3062, 3107 -- SJR 7 -- Report by Committee on Revenue Read first time and referred to President’s desk. recommending adoption with amendments.

HJR 4 A-Eng. -- Read final time. Carried by SB 196 -- Report by Committee on Agriculture Fisher. On adoption of resolution, the vote was: Ayes, and Natural Resources recommending passage with 27; excused, 3 – Carter, Corcoran, Harper. Resolution amendments. Referred to Committee on Ways and adopted. Means by prior reference.

HB 2130 A-Eng. -- Read third time. Carried by SB 223 -- Report by Committee on Revenue Minnis. On passage of bill the vote was: Ayes, 27; recommending passage with amendments. nays, 1 – Hannon; excused, 2 – Carter, Harper. Bill passed. SB 276 -- Report by Committee on Transportation and Economic Development The following measures were referred to recommending passage with amendments. committee on April 7 and recorded on Committee SENATE JOURNAL SJ-93

SB 602 -- Report by Committee on Business and 353.100) Labor recommending passage. Senator Ryan Deckert SB 718 -- Report by Committee on Human Senator Beverly Clarno Resources recommending passage with amendments. Referred to Committee on Ways and Means by prior COMMISSION ON HISPANIC AFFAIRS (ORS 185.320) reference. Senator Tony Corcoran SB 800 -- Report by Committee on Education recommending passage with amendments. Referred Senate adjourned until 11:00 a.m. Thursday by to Committee on Ways and Means by prior reference. unanimous consent at the request of the Chair.

SB 832 -- Report by Committee on Agriculture and Natural Resources recommending passage with Thursday, April 10, 2003 -- Morning Session amendments.

HB 2135 -- Report by Committee on Revenue Senate convened at 11:00 a.m. President recommending passage with amendments. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, SB 7, 890 -- Introduced, read first time and Fisher, George, Gordly, Harper, Hannon, Messerle, referred to President’s desk. Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, SB 102, 554, 602 -- Read second time and passed Winters. Colors were posted and the Senate pledged to third reading. allegiance to the flag. Invocation by Pastor Jess Strickland of the Living Hope Fellowship Church, SM 1 -- Read final time. Carried by Metsger. Aloha. Musical performance by Stacey Murdock and On adoption of memorial, the vote was: Ayes, 29; Anne McKee Reed of Portland State University’s attending legislative business, 1 – Schrader. Opera Theater Program, led by Professor Ruth Memorial adopted. Dobson.

SB 104 A-Eng. -- Read third time. Carried by HCR 7 -- Message from the House announcing Starr, C. On passage of bill the vote was: Ayes, 29; adoption. attending legislative business, 1 – Schrader. Bill passed. SB 170, 171; HB 2727, 2885, 3050, 3162, 3370, 3371, 3375 -- Message from the House announcing SB 355 A-Eng. -- Read third time. Carried by passage. Burdick. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Schrader. Bill Committee Report Summary No. 56 listing the passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 550 A-Eng. -- Read third time. Carried by by order of the President. Deckert. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Schrader. Bill SB 216 -- Report by Committee on Judiciary passed. recommending passage.

HB 2054, 2186, 2770, 2996, 3001, 3010, 3123 -- SB 102 -- Committee report and minority report Read first time and referred to President’s desk. read. Senate recessed until 11:55 a.m. by unanimous consent at the request of the Chair. Senate HB 2005 -- Read second time and passed to third reconvened at 11:55 a.m. President Courtney in reading. Chair. Burdick moved that the Senate adopt the committee report. Beyer moved that the minority The Chair announced the following committee report be substituted for the committee report. Call of assignment effective April 7. the Senate demanded by Beyer joined by Brown and Atkinson. All present except Carter, Minnis, Schrader, absent. Pending arrival of members INTERNATIONAL TRADE COMMISSION (ORS subject to the Call, Senate at ease. All present. Senate 285a.131) reassembled.

Senator Ryan Deckert SB 102 -- Motion to substitute minority report failed. The vote was: Ayes, 14; nays, 16 – Brown, The Chair announced the following committee Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, assignments effective April 8. Gordly, Hannon, Metsger, Morrisette, Ringo, Schrader, Shields, Walker, President Courtney. Motion failed. OREGON OPPORTUNITY TASK FORCE (ORS

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SB 102 A-Eng. -- Bill, as amended by committee Friday, April 11, 2003 -- Morning Session report, read third time. Call of the Senate demanded by Burdick joined by Brown and Winters. All present except Deckert, absent. Pending arrival of Deckert, Senate convened at 8:30 a.m. President Courtney Senate at ease. Deckert returned. All present. Senate in Chair. The following members were present: reassembled. On passage of bill the vote was: Ayes, Atkinson, Beyer, Brown, Burdick, Carter, Clarno, 20; nays, 10 – Atkinson, Beyer, Ferrioli, Fisher, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Harper, Minnis, Schrader, Starr, B., Starr, C. George, Gordly, Harper, Hannon, Messerle, Metsger, Bill passed. Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters. Colors SJR 7; SB 216, 276, 832 -- Read second time and were posted and the Senate pledged allegiance to the passed to third reading. flag. Invocation by Senator Bill Fisher, Roseburg.

SB 554, 602 -- Carried over to April 11 calendar HB 2057, 2059, 2060, 2150, 2190, 2642, 2761, by unanimous consent at the request of the Chair. 2933, 3213, 3581 -- Message from the House announcing passage. HCR 7; HB 2727, 2885, 3050, 3162, 3370, 3371, 3375 -- Read first time and referred to President’s SJR 38; HJR 41 -- Message from the House desk. announcing adoption.

HB 2135 -- Read second time and passed to third Committee Report Summary No. 57 listing the reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. HB 2005 -- Carried over to April 11 calendar by unanimous consent at the request of the Chair. SB 525 -- Report by Committee on Education recommending passage with amendments and The following measures were referred to requesting subsequent referral to Committee on Ways committee on April 9 and recorded on Committee and Means be rescinded. Subsequent referral Referral List No. 39 which was distributed to rescinded by order of the President in agreement with members. Referral list recorded in the Journal and the President Pro Tempore. Status Report by order of the President. SB 7 General Government SB 575 -- Report by Committee on Business and SB 888 Business and Labor; Ways and Means Labor recommending passage with amendments. SB 889 Business and Labor SB 828 -- Report by Committee on Business and SB 890 Transportation and Economic Development; Labor recommending passage with amendments Ways and Means HCR 4 Rules SB 554 A-Eng. -- Read third time. Carried by HB 2115 Judiciary Walker. On passage of bill the vote was: Ayes, 29; HB 2177 Judiciary nays, 1 – Corcoran. Bill passed. HB 2186 Revenue HB 2227 General Government SB 602 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; nays, 1 – Ringo. HB 2230 Business and Labor; Ways and Means Bill passed. HB 2275 Judiciary HB 2276 Judiciary SJR 7 A-Eng. -- Read final time. Carried by HB 2372 Revenue Clarno, Hannon. On adoption of resolution, the vote HB 2501 Transportation and Economic Development; Ways was: Ayes, 29; nays, 1 – Harper. Resolution adopted. and Means HB 2589 Revenue SB 216 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 30. Bill passed. HB 2639 Business and Labor HB 2674 Water and Land Use SB 223 A-Eng. -- Read third time. Carried by HB 2784 Judiciary Starr, B. On passage of bill the vote was: Ayes, 29; HB 3062 Revenue nays, 1 – Schrader. Bill passed. HB 3107 Judiciary SB 276 A-Eng. -- Read third time. Carried by Senate adjourned until 8:30 a.m. Friday by Starr, B. On passage of bill the vote was: Ayes, 29; unanimous consent at the request of the Chair. nays, 1 – Morrisette. Bill passed.

SB 832 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; nays, 1 – Burdick. Bill passed. SENATE JOURNAL SJ-95

HJR 41; HB 2057, 2059, 2060, 2150, 2190, 2642, SB 445 -- Report by Committee on General 2761, 2933, 3213, 3581 -- Read first time and referred Government recommending passage with to President’s desk. amendments.

HB 2005 B-Eng. -- Read third time. Carried by SB 446 -- Report by Committee on General Starr, B. On passage of bill the vote was: Ayes, 27; Government recommending passage with nays, 3 – Carter, Hannon, Nelson. Bill passed. amendments.

HB 2135 A-Eng. -- Read third time. Carried by SB 489 -- Report by Committee on Health Policy Starr, B. On passage of bill the vote was: Ayes, 29; recommending passage with amendments. Referred nays, 1 – Schrader. Bill passed. to Committee on Ways and Means by order of the President in agreement with the President Pro HB 2055 -- President Courtney signed on Tempore. April 11. SB 514 -- Report by Committee on Business and Senate adjourned until 11:00 a.m. Monday by Labor recommending passage with amendments. unanimous consent at the request of the Chair. SB 704 -- Report by Committee on Health Policy recommending passage with amendments. Referred Monday, April 14, 2003 -- Morning Session to Committee on Ways and Means by prior reference.

Senate convened at 11:00 a.m. Deckert in Chair. SB 749 -- Report by Committee on Business and The following members were present: Atkinson, Labor recommending passage. Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, SB 761 -- Report by Committee on Education Harper, Hannon, Messerle, Minnis, Morrisette, recommending passage. Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Winters, President Courtney; excused -- SB 870 -- Report by Committee on Education Walker; attending legislative business -- Metsger. recommending passage and requesting subsequent Colors were posted and the Senate pledged allegiance referral to Committee on Ways and Means be to the flag. Invocation by Senator Frank Shields, rescinded. Subsequent referral rescinded by order of Portland. the President in agreement with the President Pro Tempore. HB 2191, 2374, 2450, 2773, 2957, 3063, 3351, 3372 -- Message from the House announcing passage. HB 2004 -- Report by Committee on General Government recommending passage with Committee Report Summary No. 58 listing the amendments to the A-engrossed bill. Referred to following reports was distributed to members today. Committee on Ways and Means by prior reference. Summary list recorded in Journal and Status Report by order of the President. HB 2159 -- Report by Committee on Health Policy recommending passage. SM 3 -- Report by Committee on Agriculture and Natural Resources recommending adoption. HB 2215 -- Report by Committee on Transportation and Economic Development SB 235 -- Report by Committee on Business and recommending passage. Labor recommending passage with amendments. HB 2226 -- Report by Committee on Agriculture SB 341 -- Report by Committee on Business and and Natural Resources recommending passage of the Labor recommending passage with amendments. A-engrossed bill.

SB 343 -- Report by Committee on Business and HB 2305 -- Report by Committee on Judiciary Labor recommending passage with amendments. recommending passage with amendments to the A- Referred to Committee on Ways and Means by order engrossed bill. of the President in agreement with the President Pro Tempore. HB 2306 -- Report by Committee on Judiciary recommending passage with amendments to the A- SB 387 -- Report by Committee on engrossed bill. Transportation and Economic Development recommending passage. HB 2307 -- Report by Committee on Judiciary recommending passage with amendments to the A- SB 444 -- Report by Committee on General engrossed bill. Government recommending passage with amendments. HB 2309 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill.

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HB 2393 -- Report by Committee on Starr, C., Walker, Winters, President Courtney; Transportation and Economic Development excused -- Brown. Colors were posted and the Senate recommending passage of the A-engrossed bill. pledged allegiance to the flag. Invocation by Senator Frank Morse, Corvallis. HB 2526 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 2594, 2908, 3068, 3317, 3361, 3366 -- engrossed bill. Message from the House announcing passage.

HB 2634 -- Report by Committee on HJR 48 -- Message from the House announcing Transportation and Economic Development adoption. recommending passage. SJM 2; HM 1; HR 1; HB 2312, 2546 -- Message HB 2799 -- Report by Committee on Agriculture from the House announcing the Speaker signed on and Natural Resources recommending passage. April 15.

SB 891, 892, 893 -- Introduced, read first time Committee Report Summary No. 59 listing the and referred to President’s desk. following reports was distributed to members today. Summary list recorded in Journal and Status Report SM 3; SB 387, 525, 575, 749, 761, 828, 870 -- by order of the President. Read second time and passed to third reading. SCR 5 -- Report by Committee on Rules HB 2191, 2374, 2450, 2773, 2957, 3063, 3351, recommending adoption with amendments. 3372 -- Read first time and referred to President’s desk. SB 159 -- Report by Committee on Business and Labor recommending passage with amendments. HB 2159, 2215, 2226, 2309, 2393, 2634, 2799 -- Read second time and passed to third reading. SB 215 -- Report by Committee on Business and Labor recommending passage with amendments to The following measures were referred to the A-engrossed bill. committee on April 11 and recorded on Committee Referral List No. 40 which was distributed to SB 690 -- Report by Committee on members. Referral list recorded in the Journal and Transportation and Economic Development Status Report by order of the President. recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. HCR 7 Rules HB 2054 Judiciary SB 741 -- Report by Committee on General HB 2727 Judiciary Government without recommendation as to passage HB 2770 Judiciary; Ways and Means and requesting referral to Committee on Judiciary. HB 2885 Judiciary Referred to Committee on Judiciary by order of the President in agreement with the President Pro HB 2996 Human Resources Tempore. HB 3001 Transportation and Economic Development HB 3050 General Government SB 878 -- Report by Committee on Health Policy HB 3123 Agriculture and Natural Resources recommending passage. HB 3162 General Government HB 3370 Judiciary SB 894 -- Introduced, read first time and HB 3371 Judiciary referred to President’s desk. HB 3375 Water and Land Use SB 235, 341, 444, 445, 446, 514, 878 -- Read SJR 38; SM 1; SB 170, 171 -- President Courtney second time and passed to third reading. signed on April 14. Senate recessed until 11:40 a.m. by unanimous Senate adjourned until 11:00 a.m. Tuesday by consent on motion of Burdick. unanimous consent at the request of the Chair. Senate reconvened at 11:40 a.m. George in Chair. All present except Brown, excused. Tuesday, April 15, 2003 -- Morning Session Senate, having recessed following the order of Senate convened at 11:00 a.m. George in Chair. Second Reading of Senate Measures, resumed under The following members were present: Atkinson, the general order of business by unanimous consent Beyer, Burdick, Carter, Clarno, Corcoran, Deckert, at the request of the Chair. Devlin, Dukes, Ferrioli, Fisher, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, SM 3 -- Read final time. Carried by Corcoran. Morse, Nelson, Ringo, Schrader, Shields, Starr, B., On adoption of memorial, the vote was: Ayes, 28; SENATE JOURNAL SJ-97

excused, 2 – Brown, President Courtney. Memorial SB 893 Business and Labor adopted. HJR 41 General Government HB 2057 Judiciary SB 387 -- Read third time. Carried by Fisher. On passage of bill the vote was: Ayes, 27; nays, 1 – HB 2059 Judiciary Schrader; excused, 2 – Brown, President Courtney. HB 2060 Judiciary Bill passed. (Hannon in Chair) HB 2150 Judiciary HB 2190 General Government SB 525 A-Eng. -- Read third time. Carried by HB 2642 Health Policy George. On passage of bill the vote was: Ayes, 27; HB 2761 Judiciary excused, 3 – Brown, Minnis, President Courtney. Bill passed. (George in Chair) HB 2933 Transportation and Economic Development; Ways and Means SB 575 A-Eng. -- Read third time. Carried by HB 3010 Rules Walker. On passage of bill the vote was: Ayes, 28; HB 3213 Water and Land Use excused, 2 – Brown, President Courtney. Bill passed. HB 3581 General Government

SB 749 -- Read third time. Carried by Walker. HB 2312, 2546 -- President Courtney signed on On passage of bill the vote was: Ayes, 28; excused, 2 – April 15. Brown, President Courtney. Bill passed. Senate adjourned until 10:30 a.m. on Wednesday SB 761 -- Read third time. Carried by Starr, B. by unanimous consent at the request of the Chair. Call of the Senate demanded by Starr, B. joined by Starr, C., and Beyer. All present except Brown, excused. On passage of bill the vote was: Ayes, 20; Wednesday, April 16, 2003 -- Morning Session nays, 9 – Burdick, Carter, Corcoran, Dukes, Hannon, Morrisette, Schrader, Walker, President Courtney; Senate convened at 10:30 a.m. President excused, 1 – Brown. Bill passed. Courtney in Chair. The following members were present: Beyer, Brown, Burdick, Carter, Clarno SB 761 -- Schrader requested the following Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, explanation of vote be entered into the journal. George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, “I’m a strong home school supporter as evidenced by Shields, Starr, B., Starr, C., Walker, Winters, excused my past track record starting in 1997. However, every -- Atkinson. Colors were posted and the Senate student, every child in Oregon should be required to pass pledged allegiance to the flag. Invocation by Don academic tests that are indicative of the same or similar Boderman, Western Oregon University. Musical high educational standards. performance by Dr. Kevin Helppie, Associate Professor of Music, Western Oregon University. “Given the excellent results from home school programs and parents, I am familiar with, this should be no Courtesies of the Senate were extended to former problem. State Senator Verne Duncan at the request of Shields. “It’s a simple matter of fairness.” HJM 1; HJR 42 -- Message from the House SB 828, 870 -- Carried over to April 16 calendar announcing adoption. by unanimous consent at the request of the Chair. HB 2005, 2135 -- Message from the House HJR 48; HB 2594, 2908, 3068, 3317, 3361, 3366 - announcing concurrence in Senate amendments and - Read first time and referred to President’s desk. repassage.

HB 2305, 2306, 2307, 2526 -- Read second time Committee Report Summary No. 60 listing the and passed to third reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2159, 2215, 2226, 2309, 2393, 2634, 2799 -- by order of the President. Carried over to April 16 calendar by unanimous consent at the request of the Chair. SJR 14 -- Report by Committee on Transportation and Economic Development The following measures were referred to recommending adoption and requesting referral to committee on April 14 and recorded on Committee Committee on Ways and Means. Referred to Referral List No. 41 which was distributed to Committee on Ways and Means by order of the members. Referral list recorded in the Journal and President in agreement with the President Pro Status Report by order of the President. Tempore. SB 891 Human Resources SB 15 -- Report by Committee on Transportation SB 892 Rules and Economic Development recommending passage

SJ-98 SENATE JOURNAL with amendments. Referred to Committee on excused, 1 – Atkinson; attending legislative business, Judiciary by prior reference. 2 – Harper, Schrader. Bill passed.

SB 119 -- Report by Committee on Human SB 444 A-Eng. -- Read third time. Carried by Resources recommending passage with amendments Walker. Call of the Senate demanded by Brown and requesting subsequent referral to Committee on joined by George and Corcoran. All present except Judiciary be rescinded. Subsequent referral rescinded Metsger, Schrader, Winters, absent; Atkinson, by order of the President in agreement with the excused. Pending arrival of members subject to the President Pro Tempore. Call, Senate at ease. Further proceedings under the Call terminated by unanimous consent at the request SB 230 -- Report by Committee on Revenue of the Chair. All present except Atkinson, excused. recommending passage with amendments. Senate reassembled. On passage of bill the vote was: Ayes, 19; nays, 10 – Beyer, Clarno, Ferrioli, Fisher, SB 231 -- Report by Committee on Revenue George, Harper, Messerle, Morse, Nelson, Starr, C.; recommending passage with amendments. excused, 1 – Atkinson. Bill passed.

SB 289 -- Report by Committee on SB 445 A-Eng. -- Read third time. Carried by Transportation and Economic Development Starr, B. Call of the Senate demanded by Brown recommending passage with amendments. joined by Minnis and George. All present except Atkinson, excused. On passage of bill the vote was: Ayes, 18; nays, 11 – Beyer, Clarno, Ferrioli, Fisher, SB 516 -- Report by Committee on Water and George, Harper, Messerle, Morse, Nelson, Starr, C., Land Use recommending passage with amendments. Winters; excused, 1 – Atkinson. Bill passed.

SB 734 -- Report by Committee on Business and SB 446 A-Eng. -- Read third time. Carried by Labor recommending passage with amendments. Starr, B. Call of the Senate demanded by Brown joined by Minnis and Corcoran. All present except SB 764 -- Report by Committee on Atkinson, excused. On passage of bill the vote was: Transportation and Economic Development Ayes, 19; nays, 10 – Beyer, Clarno, Ferrioli, Fisher, recommending passage with amendments. George, Harper, Messerle, Morse, Nelson, Schrader; excused, 1 – Atkinson. Bill passed. HB 2075 -- Report by Committee on Business and Labor recommending passage of the A-engrossed SB 514 A-Eng. -- Read third time. Carried by bill. Metsger. On passage of bill the vote was: Ayes, 29; excused, 1 – Atkinson. Bill passed. HB 2161 -- Report by Committee on Business and Labor recommending passage. SB 878 -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 29; excused, 1 – HB 2533 -- Report by Committee on Agriculture Atkinson. Bill passed. and Natural Resources recommending passage of the A-engrossed bill. HJM 1; HJR 42 -- Read first time and referred to President’s desk. SCR 5; SB 159, 215 -- Read second time and passed to third reading. HB 2075, 2161, 2533 -- Read second time and passed to third reading. SB 828 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 24; HB 2159 -- Read third time. Carried by Fisher. nays, 3 – Beyer, Fisher, Hannon; excused, 1 – On passage of bill the vote was: Ayes, 28; nays, 1 – Atkinson; attending legislative business, 2 – Harper, Hannon; excused, 1 – Atkinson. Bill passed. Schrader. Bill passed. HB 2215 -- Read third time. Carried by Nelson. SB 870 -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 27; nays, 1 – On passage of bill the vote was: Ayes, 25; nays, 2 – Schrader; excused, 2 – Atkinson, Corcoran. Bill Hannon, Minnis; excused, 1 – Atkinson; attending passed. legislative business, 2 – Harper, Schrader. Bill passed. HB 2226 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 26; SB 235 A-Eng. -- Read third time. Carried by nays, 1 – Schrader; excused, 2 – Atkinson, Corcoran; Nelson. Potential conflict of interest declared by attending legislative business, 1 – Clarno. Bill Hannon and Clarno. On passage of bill the vote was: passed. Ayes, 27; excused, 1 – Atkinson; attending legislative business, 2 – Harper, Schrader. Bill passed. HB 2309 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 24; SB 341 A-Eng. -- Read third time. Carried by nays, 3 – Carter, Hannon, Schrader; excused, 3 – Beyer. On passage of bill the vote was: Ayes, 27; Atkinson, Burdick, Corcoran. Bill passed. SENATE JOURNAL SJ-99

HB 2393 A-Eng. -- Read third time. Carried by recommending passage with amendments and Starr, B. On passage of bill the vote was: Ayes, 27; requesting subsequent referral to Committee on Ways excused, 3 – Atkinson, Burdick, Corcoran. Bill and Means be rescinded. Subsequent referral passed. rescinded by order of the President in agreement with the President Pro Tempore. HB 2305, 2306, 2307, 2526, 2634, 2799 -- Carried over to April 17 calendar by unanimous consent at HB 2343 -- Report by Committee on General the request of the Chair. Government recommending passage.

Senate adjourned until 10:30 a.m. Thursday by HB 2558 -- Report by Committee on Health unanimous consent at the request of the Chair. Policy recommending passage.

HB 2676 -- Report by Committee on General Thursday, April 17, 2003 -- Morning Session Government recommending passage of the A- engrossed bill. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were HB 3026 -- Report by Committee on General present: Atkinson, Beyer, Burdick, Carter, Clarno, Government recommending passage. Corcoran, Deckert, Ferrioli, Fisher, Gordly, Hannon, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, SB 895 -- Introduced, read first time and Shields; Starr, B., Starr, C., Walker; -- attending referred to President’s desk. legislative business -- Brown, Devlin, Dukes, George, Harper, Messerle, Schrader, Winters. Colors were SB 119, 230, 231, 289, 390, 516, 734, 764 -- Read posted and the Senate pledged allegiance to the flag. second time and passed to third reading. Invocation by Father Chester Pruzinski, Portland. SB 159, 215 -- Carried over to April 18 calendar SCR 3, 5 -- Rules suspended by unanimous by unanimous consent at the request of the Chair. consent on motion or Clarno in order to proceed to the order of Propositions and Motions. HB 2258, 2736, 2925 -- Read first time and referred to President’s desk. SCR 3, 5 -- Made a Special Order of Business immediately under final consideration by unanimous HB 2343, 2558, 2676, 3026 -- Read second time consent of motion of Clarno. and passed to third reading.

SCR 3 A-Eng. -- Under Special Order of HB 2075, 2161, 2305, 2306, 2307, 2526, 2533, Business, read final time. Carried by Carter. On 2634, 2799 -- Carried over to April 18 calendar by adoption of resolution, the vote was: Ayes, 23; unanimous consent at the request of the Chair. attending legislative business, 7 – Brown, Devlin, Dukes, George, Gordly, Messerle, Winters. Resolution adopted. The following measures were referred to committee on April 16 and recorded on Committee Referral List No. 42 which was distributed to SCR 5 A-Eng. -- Under Special Order of members. Referral list recorded in the Journal and Business, read final time. Carried by Clarno. On Status Report by order of the President. adoption of resolution, the vote was: Ayes, 23; attending legislative business, 7 – Devlin, Dukes, SB 894 Judiciary; Ways and Means George, Gordly, Messerle, Schrader, Winters. HJR 48 Human Resources Resolution adopted. HB 2191 General Government HB 2258, 2736, 2925 -- Message from the House HB 2374 Human Resources; Ways and Means announcing passage. HB 2594 Judiciary HB 2773 General Government SJR 38; SB 170, 171 HJR 4; HB 2130 -- Message HB 2908 Business and Labor from the House announcing the Speaker signed on HB 2957 Agriculture and Natural Resources April 16. HB 3063 Business and Labor HB 3068 General Government Committee Report Summary No. 61 listing the following reports was distributed to members today. HB 3317 Judiciary Summary list recorded in Journal and Status Report HB 3351 Judiciary by order of the President. HB 3361 Judiciary HB 3366 Judiciary SB 390 -- Report by Committee on Human HB 3372 Judiciary Resources recommending passage. HJR 4; HB 2130 -- President Courtney signed on SB 471 -- Report by Committee on April 17. Transportation and Economic Development

SJ-100 SENATE JOURNAL

Senate adjourned until 8:30 a.m. Friday by excused, 3 – Harper, Ringo, Starr, C.; attending unanimous consent at the request of the Chair. legislative business, 2 – Brown, Deckert. Bill passed.

SB 230 A-Eng. -- Read third time. Carried by Friday, April 18, 2003 -- Morning Session Hannon. On passage of bill the vote was: Ayes, 22; nays, 2 – Schrader, Starr, B.; excused, 4 – Corcoran, Senate convened at 8:30 a.m. President Courtney Harper, Ringo, Starr, C.; attending legislative in Chair. The following members were present: business, 2 – Brown, Deckert. Bill passed. Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, SB 231 A-Eng. -- Read third time. Carried by George, Gordly, Hannon, Harper, Messerle, Metsger, Hannon. On passage of bill the vote was: Ayes, 23; Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, excused, 1 – Starr, C.; attending legislative business, Shields, Starr, B., Starr, C., Walker, Winters. Colors 6 – Brown, Corcoran, Deckert, Ferrioli, Harper, were posted and the Senate pledged allegiance to the Ringo. Bill passed. flag. Invocation by John Scott, Western Baptist College, Salem. SB 289 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 25; Committee Report Summary No. 62 listing the excused, 1 – Starr, C.; attending legislative business, following reports was distributed to members today. 4 – Brown, Corcoran, Deckert, Ferrioli. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 390 -- Read third time. Carried by Fisher. On passage of bill the vote was: Ayes, 23; excused, 2 – SB 258 -- Report by Committee on General Carter, Starr, C.; attending legislative business, 5 – Government recommending passage with Brown, Corcoran, Deckert, Ferrioli, Ringo. Bill amendments. Referred to Committee on Ways and passed. Means by order of the President in agreement with the President Pro Tempore. SB 516 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 23; SB 772 -- Report by Committee on excused, 2 – Carter, Starr, C.; attending legislative Transportation and Economic Development business, 5 – Brown, Corcoran, Deckert, Ferrioli, recommending passage with amendments. Referred Ringo. Bill passed. to Committee on Ways and Means by prior reference. SB 734 A-Eng. -- Read third time. Carried by SB 858 -- Report by Committee on Revenue Nelson. On passage of bill the vote was: Ayes, 22; recommending passage with amendments. nays, 1 – Hannon; excused, 2 – Carter, Starr, C.; attending legislative business, 5 – Brown, Corcoran, HB 2222 -- Report by Committee on Deckert, Ferrioli, Ringo. Bill passed. Transportation and Economic Development recommending passage of the A-engrossed bill. SB 764 A-Eng. -- Taken from its place on today’s third reading calendar and placed on April 21 by HB 2398 -- Report by Committee on unanimous consent. Transportation and Economic Development recommending passage of the A-engrossed bill. HB 2222, 2398, 2997 -- Read second time and passed to third reading. HB 2997 -- Report by Committee on Transportation and Economic Development HB 2634 -- Read third time. Carried by Metsger. recommending passage of the A-engrossed bill. On passage of bill the vote was: Ayes, 22; excused, 2 – Carter, Starr, C.; attending legislative business, 6 – SB 471 -- Read second time and passed to third Brown, Corcoran, Deckert, Ferrioli, Nelson, Ringo. reading. Bill passed.

SB 159 A-Eng. -- Read third time. Carried by HB 2799 -- Read third time. Carried by Fisher. Nelson. On passage of bill the vote was: Ayes, 24; On passage of bill the vote was: Ayes, 24; excused, 2 – excused, 6 – George, Harper, Messerle, Schrader, Carter, Starr, C.; attending legislative business, 4 – Starr, C., Winters. Bill passed. Brown, Corcoran, Deckert, Ferrioli. Bill passed.

SB 215 B-Eng. -- Read third time. Carried by HB 2305 B-Eng. -- Read third time. Carried by Carter. On passage of bill the vote was: Ayes, 25; Ringo. On passage of bill the vote was: Ayes, 24; nays, 2 – Corcoran, Ringo; excused, 2 – Harper, Starr, excused, 2 – Carter, Starr, C.; attending legislative C.; attending legislative business, 1 – Brown. Bill business, 4 – Brown, Corcoran, Deckert, Ferrioli. Bill passed. passed.

SB 119 A-Eng. -- Read third time. Carried by HB 2306 B-Eng. -- Read third time. Carried by Clarno. On passage of bill the vote was: Ayes, 25; Walker. On passage of bill the vote was: Ayes, 21; nays, 1 – Schrader; excused, 2 – Carter, Starr, C.; SENATE JOURNAL SJ-101

attending legislative business, 6 – Brown, Clarno, Monday, April 21, 2003 -- Morning Session Corcoran, Deckert, Ferrioli, Ringo. Bill passed.

HB 2307 -- Moved to the foot of today's third Senate convened at 10:30 a.m. Morrisette in reading calendar by unanimous consent at the Chair. The following members were present: request of the Chair. Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morse, HB 2526 B-Eng. -- Read third time. Carried by Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Minnis. On passage of bill the vote was: Ayes, 21; Walker, Winters, President Courtney; excused -- nays, 1 – Schrader; excused, 2 – Carter, Starr, C.; Clarno, Dukes. Colors were posted and the Senate attending legislative business, 6 – Brown, Clarno, pledged allegiance to the flag. Invocation by Father Corcoran, Deckert, Ferrioli, Ringo. Bill passed. Tom Zoebel of the Union Gospel Mission, Salem. Musical performance by Seth Morgan, student at HB 2075 A-Eng. -- Read third time. Carried by Ardenwald Elementary School, Milwaukie, Walker. On passage of bill the vote was: Ayes, 24; accompanied by Bill Oliver. nays, 1 – Schrader; excused, 1 – Starr, C.; attending legislative business, 4 – Brown, Corcoran, Ferrioli, Courtesies of the Senate were extended to former Ringo. Bill passed. State Representative Tony VanVliet at the request of Morse. HB 2161 -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 23; nays, 2 – HB 2407, 3261, 3265 -- Message from the House Gordly, Schrader; excused, 1 – Starr, C.; attending announcing passage. legislative business, 4 – Brown, Corcoran, Ferrioli, Ringo. Bill passed. HCR 3 -- Message from the House announcing adoption. HB 2533 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 24; nays, 1 – Hannon; excused, 1 – Starr, C.; attending Committee Report Summary No. 3 listing the legislative business, 4 – Brown, Corcoran, Ferrioli, following reports was distributed to members today. Ringo. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 2343 -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 24; nays, 1 – SB 47 -- Report by Committee on Judiciary Schrader; excused, 1 – Starr, C.; attending legislative recommending passage. business, 4 – Brown, Corcoran, Ferrioli, Ringo. Bill passed. SB 129 -- Report by Committee on Education recommending passage. HB 2558 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 22; nays, 3 – SB 194 -- Report by Committee on Judiciary Hannon, Schrader, Winters; excused, 1 – Starr, C.; recommending passage and be placed on the attending legislative business, 4 – Brown, Corcoran, Unanimous Consent Calendar. Ferrioli, Ringo. Bill passed. SB 212 -- Report by Committee on Judiciary HB 2676 A-Eng. -- Read third time. Carried by recommending passage with amendments. Starr, B. On passage of bill the vote was: Ayes, 25; excused, 1 – Starr, C.; attending legislative business, SB 260 -- Report by Committee on Judiciary 4 – Brown, Corcoran, Ferrioli, Ringo. Bill passed. recommending passage with amendments.

HB 3026 -- Read third time. Carried by Walker. SB 426 -- Report by Committee on Judiciary On passage of bill the vote was: Ayes, 24; excused, 1 – recommending passage. Starr, C.; attending legislative business, 5 – Brown, Corcoran, Ferrioli, Gordly, Ringo. Bill passed. SB 628 -- Report by Committee on Judiciary recommending passage with amendments. HB 2307 B-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 24; HJM 3 -- Report by Committee on Human excused, 1 – Starr, C.; attending legislative business, Resources recommending adoption. 5 – Corcoran, Gordly, Harper, Ringo, Schrader. Bill passed. HJR 16 -- Report by Committee on Education recommending adoption. Senate adjourned until 10:30 a.m. Monday by unanimous consent at the request of the Chair. HB 2240 -- Report by Committee on Human Resources recommending passage with amendments.

HB 2338 -- Report by Committee on Transportation and Economic Development

SJ-102 SENATE JOURNAL recommending passage with amendments to the A- Morrisette, Morse, Nelson, Ringo, Schrader, Shields, engrossed bill. Starr, B., Starr, C., Walker, Winters; attending legislative business -- Carter, Metsger. Colors were HB 2517 -- Report by Committee on Human posted and the Senate pledged allegiance to the flag. Resources recommending passage. Invocation by David Crowe, Lake Oswego.

HB 2624 -- Report by Committee on General HB 2034, 2237, 2432, 2811, 2821, 3084, 3094, Government without recommendation as to passage 3164 -- Message from the House announcing passage. and requesting referral to Committee on Business and Labor. Referred to Committee on Business and HB 2305, 2306, 2307, 2526 -- Message from the Labor by order of the President in agreement with the House announcing concurrence in Senate President Pro Tempore. amendments and repassage.

SB 47, 129, 194, 426, 858 -- 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 471 A-Eng. -- Read third time. Carried by by order of the President. Metsger. On passage of bill the vote was: Ayes, 21; nays, 5 – Atkinson, Beyer, George, Hannon, Harper; SB 14 -- Report by Committee on Judiciary excused, 3 – Carter, Clarno, Dukes; attending recommending passage with amendments. legislative business, 1 – Schrader. Bill passed. SB 17 -- Report by Committee on Judiciary SB 764 A-Eng. -- Read third time. Carried by recommending passage with amendments. Starr, B. Call of the Senate demanded by Starr, B. joined by Starr, C. and Nelson. All present except SB 56 -- Report by Committee on Human Clarno, Dukes, excused; Schrader, attending Resources recommending passage with amendments legislative business. Senate reassembled. On passage and requesting subsequent referral to Committee on of bill the vote was: Ayes, 17; nays, 10 – Atkinson, Ways and Means be rescinded. Subsequent referral Beyer, Carter, George, Hannon, Harper, Minnis, rescinded by order of the President in agreement with Morse, Walker, Winters; excused, 2 – Clarno, Dukes; the President Pro Tempore. attending legislative business, 1 – Schrader. Bill passed. SB 115 -- Report by Committee on Judiciary recommending passage with amendments. HCR 3; HB 2407, 3261, 3265 -- Read first time and referred to President’s desk. SB 325 -- Report by Committee on General Government recommending passage with HJM 3; HJR 16; HB 2517 -- Read second time amendments. and passed to third reading. SB 391 -- Report by Committee on Revenue HB 2222 A-Eng. -- Read third time. Carried by recommending passage with amendments. Deckert. On passage of bill the vote was: Ayes, 27; excused, 2 – Clarno, Dukes; attending legislative SB 488 -- Report by Committee on Health Policy business, 1 – Schrader. Bill passed. recommending passage with amendments. Referred to Committee on Ways and Means by order of the HB 2398 A-Eng. -- Read third time. Carried by President in agreement with the President Pro Fisher. On passage of bill the vote was: Ayes, 27; Tempore. excused, 2 – Clarno, Dukes; attending legislative business, 1 – Schrader. Bill passed. SB 499 -- Report by Committee on Water and Land Use recommending passage with amendments HB 2997 A-Eng. -- Read third time. Carried by and requesting subsequent referral to Committee on Deckert. On passage of bill the vote was: Ayes, 27; Ways and Means be rescinded. Subsequent referral excused, 2 – Clarno, Dukes; attending legislative rescinded by order of the President in agreement with business, 1 – Schrader. Bill passed. the President Pro Tempore.

Senate adjourned until 10:30 a.m. Tuesday by SB 515 -- Report by Committee on Business and unanimous consent at the request of the Chair. Labor recommending passage with amendments.

Tuesday, April 22, 2003 -- Morning Session SB 617 -- Report by Committee on Judiciary recommending passage with amendments.

Senate convened at 10:30 a.m. President SB 618 -- Report by Committee on Judiciary Courtney in Chair. The following members were recommending passage with amendments. present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Minnis, SENATE JOURNAL SJ-103

SB 710 -- Report by Committee on Business and Beyer, Hannon, Harper, Schrader; excused, 1 – Labor recommending passage with amendments. George; attending legislative business, 2 – Carter, Referred to Committee on Ways and Means by prior Metsger. Bill passed. reference. SB 426 -- Read third time. Carried by Burdick. SB 720 -- Report by Committee on Revenue On passage of bill the vote was: Ayes, 28; attending recommending passage with amendments and legislative business, 2 – Carter, Metsger. Bill passed. requesting referral to Committee on Ways and Means. Referred to Committee on Ways and Means SB 858 A-Eng. -- Read third time. Carried by by order of the President in agreement with the Winters. On passage of bill the vote was: Ayes, 28; President Pro Tempore. attending legislative business, 2 – Carter, Metsger. Bill passed. SB 783 -- Report by Committee on General Government recommending passage with HB 2034, 2237, 2432, 2811, 2821, 3084, 3094, amendments. 3164 -- Read first time and referred to President’s desk. SB 807 -- Report by Committee on Revenue recommending passage with amendments. HB 2219, 2240, 2252, 2333, 2338, 2429, 2439, 2743 -- Read second time and passed to third reading. SB 844 -- Report by Committee on Education recommending passage. Referred to Committee on HJM 3 -- Read final time. Carried by Starr, C. Ways and Means by prior reference. On adoption of memorial the vote was: Ayes, 26; nays, 2 – Corcoran, Schrader; attending legislative SB 876 -- Report by Committee on General business, 2 – Carter, Metsger. Memorial adopted. Government recommending passage. HJR 16 -- Read final time. Carried by Deckert. SB 882 -- Report by Committee on Judiciary On adoption of resolution, the vote was: Ayes, 27; recommending passage with amendments. attending legislative business, 3 – Carter, Gordly, Metsger. Resolution adopted. HB 2219 -- Report by Committee on Transportation and Economic Development HB 2517 -- Read third time. Carried by Fisher. recommending passage. On passage of bill the vote was: Ayes, 26; nays, 2 – Brown, Schrader; attending legislative business, 2 – HB 2252 -- Report by Committee on Carter, Gordly. Bill passed. Transportation and Economic Development recommending passage of the A-engrossed bill. Senate adjourned until 10:30 a.m. Wednesday by unanimous consent at the request of the Chair. HB 2333 -- Report by Committee on Business and Labor recommending passage of the A-engrossed bill. Wednesday, April 23, 2003 -- Morning Session

HB 2429 -- Report by Committee on Business Senate convened at 10:30 a.m. President and Labor recommending passage. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, HB 2439 -- Report by Committee on Business Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, and Labor recommending passage. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, HB 2743 -- Report by Committee on General Schrader, Shields, Starr, B., Starr, C., Walker, Government recommending passage of the A- Winters. Colors were posted and the Senate pledged engrossed bill allegiance to the flag. Invocation by Steve Witte, Oregon Farm Workers Ministries. SB 896 -- Introduced, read first time and referred to President’s desk. SB 170, 171 -- Message from the House announcing Governor signed April 22. SB 212, 260, 628, 876 -- Read second time and passed to third reading. HB 2019, 2331, 2340, 2416, 2732, 3224, 3339, 3363, 3601 -- Message from the House announcing SB 47 -- Read third time. Carried by Burdick. passage. On passage of bill the vote was: Ayes, 26; excused, 2 – Deckert, George; attending legislative business, 2 – HB 2055 -- Message from the House announcing Carter, Metsger. Bill passed. the Speaker signed on April 22.

SB 129 -- Read third time. Carried by Starr, C. Committee Report Summary No. 65 listing the On passage of bill the vote was: Ayes, 23; nays, 4 – following reports was distributed to members today.

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Summary list recorded in Journal and Status Report requesting subsequent referral to Committee on Ways by order of the President. and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with SB 38 -- Report by Committee on Judiciary the President Pro Tempore. recommending passage with amendments. SB 787 -- Report by Committee on SB 69 -- Report by Committee on Judiciary Transportation and Economic Development recommending passage with amendments. recommending passage with amendments.

SB 292 -- Report by Committee on Revenue HB 2054 -- Report by Committee on Judiciary recommending passage. recommending passage.

SB 308 -- Report by Committee on Judiciary HB 2061 -- Report by Committee on Judiciary recommending passage with amendments. recommending passage of the A-engrossed bill.

SB 332 -- Report by Committee on Judiciary HB 2087 -- Report by Committee on Judiciary recommending passage with amendments. recommending passage.

SB 348 -- Report by Committee on Judiciary HB 2269 -- Report by Committee on Judiciary recommending passage with amendments. recommending passage of the A-engrossed bill.

SB 457 -- Report by Committee on Rules HB 2489 -- Report by Committee on Revenue recommending passage with amendments. recommending passage of the A-engrossed bill.

SB 467 -- Report by Committee on HB 2650 -- Report by Committee on Revenue Transportation and Economic Development recommending passage of the B-engrossed bill. recommending passage with amendments and requesting referral to Committee on Ways and HB 3001 -- Report by Committee on Means. Referred to Committee on Ways and Means Transportation and Economic Development by order of the President in agreement with the recommending passage of the A-engrossed bill President Pro Tempore. SB 14, 17, 56, 115, 292, 325, 391, 499, 515, 617, SB 553 -- Report by Committee on Judiciary 618, 783, 807, 882 -- Read second time and passed to recommending passage with amendments and third reading. requesting subsequent referral to Committee on Ways and Means be rescinded. Subsequent referral Senate recessed until 11:10 a.m. by unanimous rescinded by order of the President in agreement with consent on motion of Clarno. the President Pro Tempore. Senate reconvened at 11:10 a.m. President SB 564 -- Report by Committee on Judiciary Courtney in Chair. All members present except recommending passage with amendments. Carter, excused.

SB 711 -- Report by Committee on Business and Senate, having recessed under the order of Third Labor recommending passage with amendments and Reading of Senate Measures, resumed under the requesting subsequent referral to Committee on Ways general order of business by unanimous consent at and Means be rescinded. Subsequent referral the request of the Chair. rescinded by order of the President in agreement with the President Pro Tempore. SB 212 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 29; SB 713 -- Report by Committee on Business and excused, 1 – Morrisette. Bill passed. Labor recommending passage with amendments and requesting subsequent referral to Committee on Ways SB 260 A-Eng. -- Read third time. Carried by and Means be rescinded. Subsequent referral Hannon. Hannon declared a potential conflict of rescinded by order of the President in agreement with interest. On passage of bill the vote was: Ayes, 27; the President Pro Tempore. nays, 2 – Beyer, Nelson; excused, 1 – Carter. Bill passed. SB 714 -- Report by Committee on Business and Labor recommending passage with amendments and SB 628 A-Eng. -- Read third time. Carried by requesting subsequent referral to Committee on Ways Ringo. On passage of bill the vote was: Ayes, 30. Bill and Means be rescinded. Subsequent referral passed. rescinded by order of the President in agreement with the President Pro Tempore. SB 876 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 29; excused, 1 – SB 715 -- Report by Committee on Business and Carter. Bill passed. Labor recommending passage with amendments and SENATE JOURNAL SJ-105

HB 2019, 2331, 2340, 2416, 2732, 3224, 3339, Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, 3363, 3601 -- Read first time and referred to Hannon, Harper, Metsger, Morrisette, Morse, Nelson, President’s desk. Ringo, Schrader, Shields, Starr, B., Starr, C.; excused -- Atkinson, Minnis; attending legislative business -- HB 2054, 2061, 2087, 2269, 2489, 2650, 3001 -- Devlin, Gordly, Messerle, Walker, Winters. Colors Read second time and passed to third reading. were posted and the Senate pledged allegiance to the flag. Invocation by Bill Neifert of the Union Gospel HB 2219 -- Read third time. Carried by Nelson. Mission, Salem. Musical performance by the Dufur On passage of bill the vote was: Ayes, 30. Bill passed. School Choir, Dufur.

HB 2240 A-Eng. -- Read third time. Carried by HB 2043, 2103, 2145, 2168, 2174, 2298,2383, Morrisette. On passage of bill the vote was: Ayes, 29; 2436, 2444, 2521, 2625, 2627 2631, 2670, 2717, 2729, excused, 1 – Schrader. Bill passed. 2733, 2803, 2847, 2877, 3048, 3122, 3145, 3163, 3174, 3183, 3218, 3297, 3313, 3446, 3476, 3508, 3615, -- Message from the House announcing passage. HB 2252 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 27; nays, 2 – Hannon, Schrader; attending legislative Committee Report Summary No. 66 listing the business, 1 – Burdick. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. HB 2333 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Devlin, Winters. SB 82 -- Report by Committee on Water and Bill passed. Land Use recommending passage with amendments.

HB 2338 B-Eng. -- Read third time. Carried by SB 206 -- Report by Committee on Business and Starr, B. On passage of bill the vote was: Ayes, 20; Labor recommending passage with amendments. nays, 8 – Atkinson, Beyer, Clarno, Dukes, Fisher, George, Hannon, Nelson; attending legislative SB 285 -- Report by Committee on Business and business, 2 – Devlin, Winters. Bill passed. Labor recommending passage.

HB 2429, 2439, 2743 -- Carried over to April 24 SB 510 -- Report by Committee on Education calendar by unanimous consent at the request of the recommending passage with amendments. Chair. SB 588 -- Report by Committee on The following measures were referred to Transportation and Economic Development committee on April 22 and recorded on Committee recommending passage with amendments. Referral List No. 43 which was distributed to members. Referral list recorded in the Journal and HJR 48 -- Report by Committee on Human Status Report by order of the President. Resources recommending adoption.

SB 895 Judiciary HB 2047 -- Report by Committee on Judiciary HCR 3 Rules recommending passage of the A-engrossed bill. HJM 1 General Government HJR 42 Rules HB 2210 -- Report by Committee on Business HB 2258 Agriculture and Natural Resources and Labor recommending passage. HB 2407 General Government HB 2450 Education HB 2245 -- Report by Committee on Business and Labor recommending passage. HB 2736 Judiciary HB 2925 Business and Labor HB 2564 -- Report by Committee on Business HB 3261 Water and Land Use and Labor recommending passage of the A-engrossed HB 3265 Water and Land Use bill. HB 2055 -- President Courtney signed on April 22. HB 2623 -- Report by Committee on Business and Labor recommending passage of the A-engrossed bill. Senate adjourned until 10:00 a.m. Thursday by unanimous consent at the request of the Chair. HB 2639 -- Report by Committee on Business and Labor recommending passage of the A-engrossed Thursday, April 24, 2003 -- Morning Session bill.

HB 2996 -- Report by Committee on Human Senate convened at 10:00 a.m. President Resources recommending passage. Courtney in Chair. The following members were present: Beyer, Brown, Burdick, Carter, Clarno,

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SB 515 -- Taken from its place on today’s third nays, 2 – Schrader, Shields; excused, 3 – Atkinson, reading calendar and placed on April 28 calendar by Carter, Minnis; attending legislative business, 3 – voice vote on motion of Nelson. Starr, B., Walker, Winters. Bill passed.

SB 38, 69, 285, 308, 332, 348, 457, 553, 564, 711, SB 617 A-Eng. -- Read third time. Carried by 713, 714, 715, 787 -- Read second time and passed to Ferrioli. On passage of bill the vote was: Ayes, 23; third reading. nays, 2 – Carter, Shields; excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Senate recessed until 10:45 a.m. by unanimous Walker, Winters. Bill passed. consent on motion of Clarno. SB 618 A-Eng. -- Read third time. Carried by Senate reconvened at 10:45 a.m. President Ringo. On passage of bill the vote was: Ayes, 24; Courtney in Chair. All present except Atkinson, nays, 1 – Gordly; excused, 2 – Atkinson, Minnis; Minnis, excused; Messerle, Starr, B., Walker, attending legislative business, 3 – Starr, B., Walker, Winters, attending legislative business. Winters. Bill passed.

Senate, having recessed under the order of Third SB 783 -- Taken from its place on today’s third Reading of Senate Measures, resumed under that reading calendar and placed on April 28 calendar by order by unanimous consent at the request of the voice vote on motion of Burdick. Chair. SB 807 A-Eng. -- Read third time. Carried by SB 14 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 25; Ferrioli. On passage of bill the vote was: Ayes, 23; excused, 2 – Atkinson, Minnis; attending legislative nays, 2 – Devlin, Schrader; excused, 2 – Atkinson, business, 3 – Starr, B., Walker, Winters. Bill passed. Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. SB 882 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 25; SB 17 A-Eng. -- Read third time. Carried by excused, 2 – Atkinson, Minnis; attending legislative Starr, C. On passage of bill the vote was: Ayes, 25; business, 2 – Starr, B., Walker, Winters. Bill passed. excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. HB 2043, 2103, 2168, 2174, 2298, 2383, 2436, 2444, 2521, 2625, 2627, 2631, 2670, 2717, 2729, 2733, SB 56 A-Eng. -- Read third time. Carried by 2803, 2847, 2877, 3048, 3122, 3145, 3163, 3174, 3183, Morrisette. On passage of bill the vote was: Ayes, 20; 3218, 3297, 3313, 3446, 3476, 3508, 3615 -- Read first nays, 5 – Beyer, Harper, Morse, Schrader, Shields; time and referred to President’s desk. excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. HB 2145 -- Read first time and referred to (Hannon in Chair) Committee on Ways and Means.

SB 115 A-Eng. -- Read third time. Carried by HJR 48; HB 2047, 2210, 2245, 2564, 2623, 2639, Burdick. On passage of bill the vote was: Ayes, 24; 2996 -- Read second time and passed to third reading. nays, 1 – George; excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, HB 2429 -- Read third time. Carried by Metsger. Winters. Bill passed. On passage of bill the vote was: Ayes, 23; nays, 1 – Schrader; excused, 3 – Atkinson, Gordly, Minnis; SB 292 -- Read third time. Carried by Ferrioli. attending legislative business, 3 – Starr, B., Walker, On passage of bill the vote was: Ayes, 21; nays, 3 – Winters. Bill passed. Gordly, Hannon, Shields; excused, 2 – Atkinson, Minnis; attending legislative business, 4 – Carter, HB 2439 -- Read third time. Carried by Nelson. Starr, B., Walker, Winters. Bill passed. On passage of bill the vote was: Ayes, 22; nays, 2 – Hannon, Schrader; excused, 3 – Atkinson, Gordly, SB 325 A-Eng. -- Read third time. Carried by Minnis; attending legislative business, 3 – Starr, B., Corcoran. On passage of bill the vote was: Ayes, 23; Walker, Winters. Bill passed. nays, 2 – Hannon, Schrader; excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., HB 2743 -- Read third time. Rereferred to Walker, Winters. Bill passed. Committee on General Government by voice vote on motion of Corcoran. SB 391 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 24; HB 2054 -- Read third time. Carried by Starr, C. nays, 1 – Dukes; excused, 2 – Atkinson, Minnis; On passage of bill the vote was: Ayes, 25; excused, 2 – attending legislative business, 3 – Starr, B., Walker, Atkinson, Minnis; attending legislative business, 3 – Winters. Bill passed. Starr, B., Walker, Winters. Bill passed.

SB 499 A-Eng. -- Read third time. Carried by HB 2061 A-Eng. -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 22; Ringo. On passage of bill the vote was: Ayes, 25; SENATE JOURNAL SJ-107

excused, 2 – Atkinson, Minnis; attending legislative Invocation by Senator Charles Starr, Hillsboro. business, 3 – Starr, B., Walker, Winters. Bill passed. Musical performance by South Eugene High School a cappella choir, Eugene. HB 2087 -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 24; nays, 1 – HB 2369, 2725, 2945, 2961, 2965, 3159 -- Schrader; excused, 2 – Atkinson, Minnis; attending Message from the House announcing passage. legislative business, 3 – Starr, B., Walker, Winters. Bill passed. Committee Report Summary No. 67 listing the following reports was distributed to members today. HB 2269 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Ringo. On passage of bill the vote was: Ayes, 25; by order of the President. excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. SB 124 -- Report by Committee on Education recommending passage with amendments and HB 2489 A-Eng. -- Read third time. Carried by requesting subsequent referral to Committee on Ways Ferrioli. On passage of bill the vote was: Ayes, 25; and Means be rescinded. Subsequent referral excused, 2 – Atkinson, Minnis; attending legislative rescinded by order of the President in agreement with business, 3 – Starr, B., Walker, Winters. Bill passed. the President Pro Tempore.

HB 2650 B-Eng. -- Read third time. Carried by SB 356 -- Report by Committee on Judiciary Ringo. On passage of bill the vote was: Ayes, 25; recommending passage with amendments and excused, 2 – Atkinson, Minnis; attending legislative requesting subsequent referral to Committee on Ways business, 3 – Starr, B., Walker, Winters. Bill passed. and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with HB 3001 A-Eng. -- Read third time. Carried by the President Pro Tempore. Metsger. On passage of bill the vote was: Ayes, 25; excused, 2 – Atkinson, Minnis; attending legislative SB 372 -- Report by Committee on Education business, 3 – Starr, B., Walker, Winters. Bill passed. recommending passage with amendments and (President Courtney in Chair) requesting subsequent referral to Committee on Ways and Means be rescinded. Subsequent referral HB 2489 A-Eng. -- Read third time. Carried by rescinded by order of the President in agreement with Ferrioli. On passage of bill the vote was: Ayes, 25; the President Pro Tempore. excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. SB 456 -- Report by Committee on Education recommending passage with amendments and HB 2650 B-Eng. -- Read third time. Carried by requesting subsequent referral to Committee on Ways Ringo. On passage of bill the vote was: Ayes, 25; and Means be rescinded. Subsequent referral excused, 2 – Atkinson, Minnis; attending legislative rescinded by order of the President in agreement with business, 3 – Starr, B., Walker, Winters. Bill passed. the President Pro Tempore.

HB 3001 A-Eng. -- Read third time. Carried by SB 470 -- Report by Committee on Human Metsger. On passage of bill the vote was: Ayes, 25; Resources recommending passage with amendments. excused, 2 – Atkinson, Minnis; attending legislative business, 3 – Starr, B., Walker, Winters. Bill passed. SB 508 -- Report by Committee on Transportation and Economic Development SB 194 -- Unanimous Consent Calendar. Taken recommending passage with amendments and from its place on today’s Unanimous Consent requesting subsequent referral to Committee on Ways Calendar and placed on April 28 calendar by and Means be rescinded. Subsequent referral unanimous consent at the request of the Chair. rescinded by order of the President in agreement with the President Pro Tempore. Senate adjourned until 10:30 a.m. Monday by unanimous consent at the request of the Chair. SB 611 -- Report by Committee on Judiciary recommending passage with amendments.

Monday, April 28, 2003 -- Morning Session SB 771 -- Report by Committee on Transportation and Economic Development recommending passage with amendments and Senate convened at 10:30 a.m. Metsger in Chair. requesting subsequent referral to Committee on Ways The following members were present: Atkinson, and Means be rescinded. Subsequent referral Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, rescinded by order of the President in agreement with Devlin, Dukes, Ferrioli, Fisher, Gordly; Harper, the President Pro Tempore. Messerle, Minnis, Morrisette, Ringo, Schrader, Starr, B., Starr, C., Walker, Winters, President Courtney; excused – Nelson; attending legislative business – SB 819 -- Report by Committee on Revenue Carter, George, Hannon, Morse, Shields. Colors were recommending passage with amendments. posted and the Senate pledged allegiance to the flag.

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HB 2091 -- Report by Committee on Judiciary excused, 1 – Devlin; attending legislative business, 4 recommending passage of the A-engrossed bill. – George, Hannon, Nelson, Shields. Bill passed.

HB 2145 -- Report by Committee on Ways and SB 69 A-Eng. -- Read third time. Carried by Means recommending passage of the B-engrossed bill. Walker. On passage of bill the vote was: Ayes, 25; excused, 2 – Devlin, Nelson; attending legislative HB 2274 -- Report by Committee on Judiciary business, 3 – George, Hannon, Shields. Bill passed. recommending passage of the A-engrossed bill. SB 308 A-Eng. -- Read third time. Carried by HB 2374 -- Report by Committee on Human Ferrioli. On passage of bill the vote was: Ayes, 25; Resources recommending passage of the A-engrossed excused, 2 – Devlin, Nelson; attending legislative bill and requesting subsequent referral to Committee business, 3 – George, Hannon, Shields. Bill passed. on Ways and Means be rescinded. Subsequent referral rescinded by order of the President in SB 332 A-Eng. -- Read third time. Carried by agreement with the President Pro Tempore. Ringo. On passage of bill the vote was: Ayes, 24; excused, 2 – Devlin, Nelson; attending legislative HB 2456 -- Report by Committee on Water and business, 4 – George, Hannon, Shields, Starr, B. Bill Land Use recommending passage of the A-engrossed passed. (President Courtney in Chair) bill. SB 348 A-Eng. -- Read third time. Carried by HB 2475 -- Report by Committee on Water and Metsger. On passage of bill the vote was: Ayes, 25; Land Use recommending passage. excused, 2 – Devlin, Nelson; attending legislative business, 3 – Hannon, Shields, Starr, B. Bill passed. HB 2542 -- Report by Committee on (Metsger in Chair) Transportation and Economic Development recommending passage of the A-engrossed bill. SB 457 -- Moved to the foot of today’s third reading calendar by unanimous consent at the HB 2573 -- Report by Committee on request of the chair. Transportation and Economic Development recommending passage. SB 515 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 24; HB 2674 -- Report by Committee on Water and excused, 2 – Devlin, Nelson; attending legislative Land Use recommending passage. business, 4 – Hannon, Ringo, Shields, Starr, B. Bill passed. HB 3123 -- Report by Committee on Agriculture and Natural Resources recommending passage. SB 553 -- Read third time. Carried by Walker. Bill failed, the vote was: Ayes, 13; nays, 11 – Atkinson, Beyer, Brown, Carter, Clarno, Dukes, SB 285, 711, 713, 714, 715; HB 2245, 2623 -- Fisher, George, Minnis, Morse, Schrader; excused, 2 – Taken from their places on today’s third reading Devlin, Nelson; attending legislative business, 4 – calendar and placed on April 29 calendar by voice Hannon, Ringo, Shields, Starr, B. Bill failed. vote on motion of Walker. SB 553 -- Brown, having voted on the prevailing HB 2145 -- Rules suspended by unanimous side, served notice of possible reconsideration and consent in order to consider bill under second and moved for immediate reconsideration. third reading immediately on motion of Winters. SB 553 -- Pursuant to notice given today, Brown HB 2145 -- Under rules suspension, read second moved that the vote whereby bill failed to pass the time. Senate be reconsidered. Motion to reconsider vote carried on voice vote. Rereferred to Committee on HB 2145 B-Eng. -- Under rules suspension, read Judiciary by voice vote on motion of Minnis. third time. Carried by Winters. On passage of bill the vote was: Ayes, 25; excused, 1—Devlin; attending SB 457, 564, 783, 787 -- Carried over to April 29 legislative business, 4—George, Hannon, Nelson, calendar by unanimous consent at the request of the Shields. Bill passed. chair.

SB 897 -- Introduced, read first time and HB 2369, 2725, 2945, 2961, 2965, 3159 -- Read referred to President’s desk. first time and referred to President’s desk.

SB 82, 206, 510, 588 -- Read second time and HB 2091, 2274, 2374, 2456, 2475, 2542, 2573, passed to third reading. 2674, 3123 -- Read second time and passed to third reading. SB 38 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 25; SENATE JOURNAL SJ-109

HJR 48; HB 2047, 2210, 2564, 2639, 2996 -- Committee Report Summary No. 68 listing the Carried over to April 29 calendar by unanimous following reports was distributed to members today. consent at the request of the Chair. Summary list recorded in Journal and Status Report by order of the President. SB 194 -- Unanimous Consent Calendar. Taken from its place on today’s Unanimous Consent SB 207 -- Report by Committee on Business and Calendar and placed on April 29 calendar by Labor recommending passage with amendments. unanimous consent at the request of the Chair. SB 362 -- Report by Committee on Revenue The following measures were referred to recommending passage with amendments. committee on April 24 and recorded on Committee Referral List No. 44 which was distributed to SB 595 -- Report by Committee on Agriculture members. Referral list recorded in the Journal and and Natural Resources without recommendation as to Status Report by order of the President. passage, but with amendments. Referred to Committee on Ways and Means by prior reference. SB 896 Business and Labor HB 2019 Business and Labor SB 596 -- Report by Committee on HB 2034 Judiciary Transportation and Economic Development HB 2145 Ways and Means recommending passage with amendments. HB 2237 General Government HB 2331 Business and Labor SB 661 -- Report by Committee on HB 2340 Ways and Means Transportation and Economic Development recommending passage with amendments. HB 2416 Agriculture and Natural Resources HB 2432 Transportation and Economic Development SB 663 -- Report by Committee on HB 2732 Judiciary Transportation and Economic Development HB 2811 Judiciary recommending passage with amendments. HB 2821 Judiciary HB 3084 Water and Land Use SB 723 -- Report by Committee on Health Policy HB 3094 Agriculture and Natural Resources recommending passage with amendments. HB 3164 Transportation and Economic Development SB 850 -- Report by Committee on Education HB 3224 Revenue recommending passage with amendments. Referred HB 3339 Judiciary to Committee on Ways and Means by prior reference. HB 3363 Judiciary HB 3601 Business and Labor HB 2029 -- Report by Committee on Revenue recommending passage. Senate adjourned until 10:30 a.m. Tuesday by unanimous consent at the request of the Chair. HB 2163 -- Report by Committee on Business and Labor recommending passage with amendments. Tuesday, April 29, 2003 -- Morning Session HB 2642 -- Report by Committee on Health Policy recommending passage of the A-engrossed bill. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, SJM 6 -- Introduced, read first time and referred Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, to President’s desk. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, SB 124, 356, 372, 456, 470, 508, 611, 771, 819 -- Schrader, Shields, Starr, B., Starr, C., Walker; Read second time and passed to third reading. Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Chaplain Frank Senate recessed until 11:15 a.m. by unanimous Carpenter of Capitol Ministries, Hillsboro. Musical consent on motion of Clarno. performance by K-4 Strings, Forest Grove. Senate, having recessed under the order of Third HB 2324, 2661, 2843, 3060, 3072, 3144, 3196, Reading of Senate Measures, resumed under that 3206, 3212, 3272, 3316, 3422 -- Message from the order by unanimous consent at the request of the House announcing passage. Chair.

HB 2238, 2240 -- Message from the House SB 457 A-Eng. -- Read third time. Carried by announcing concurrence in Senate amendments and Devlin. On passage of bill the vote was: Ayes, 26; repassage. nays, 4 – Carter, George, Hannon, Schrader. Bill passed. HB 2145 -- Message from the House announcing Speaker signed on April 29.

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SB 564 A-Eng. -- Read third time. Carried by HB 2324, 2661, 2843, 3060, 3072, 3144, 3196, Atkinson. On passage of bill the vote was: Ayes, 30. 3206, 3212, 3272, 3316, 3422 -- Read first time and Bill passed. referred to President’s desk.

SB 783 -- Bill read. Taken from its place on HB 2029, 2642 -- Read second time and passed to today’s third reading calendar and placed on April 30 third reading. calendar by unanimous consent on motion of Burdick. HJR 48 -- Read final time. Carried by Morrisette. SB 787 A-Eng. -- Read third time. Carried by On adoption of the resolution, the vote was: Ayes, 27; Starr, B. On passage of bill the vote was: Ayes, 26; nays, 3 – Corcoran, Hannon, Schrader. Resolution nays, 4 – Beyer, Corcoran, Hannon, Schrader. Bill adopted. passed. HB 2047, 2091, 2210, 2245, 2274, 2374, 2456, SB 82 A-Eng. -- Read third time. Carried by 2475, 2542, 2564, 2573, 2623, 2639, 2674, 2996, 3123 - Messerle. On passage of bill the vote was: Ayes, 29; - Carried over to April 30 calendar by unanimous attending legislative business, 1 – Clarno. Bill consent at the request of the Chair. passed. SB 194 -- Unanimous Consent Calendar. Taken SB 206 A-Eng. -- Read third time. Carried by from its place on today’s Unanimous Consent Metsger. On passage of bill the vote was: Ayes, 29; Calendar and placed on April 30 calendar by attending legislative business, 1 – Clarno. Bill unanimous consent at the request of the Chair. passed. HB 2145 -- President Courtney signed on April SB 285 -- Read third time. Taken from its place 29. on today’s third reading calendar and placed on April 30 calendar by unanimous consent on motion of Senate adjourned until 10:30 a.m. Wednesday by Nelson. unanimous consent at the request of the Chair. SB 510 -- Read third time. Taken from its place on today’s third reading calendar and placed on April Wednesday, April 30, 2003 -- Morning Session 30 calendar by unanimous consent on motion of Starr, C. Senate convened at 10:30 a.m. Fisher in Chair. The following members were present: Atkinson, SB 588 A-Eng. -- Read third time. Carried by Beyer, Brown, Burdick, Carter, Clarno Corcoran, Starr, B. On passage of bill the vote was: Ayes, 28; Deckert, Devlin, Dukes, Ferrioli, George, Gordly, nays, 1 – Schrader; attending legislative business, 1 – Hannon, Harper, Messerle, Metsger, Minnis, Clarno. Bill passed. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters, President SB 711 A-Eng. -- Read third time. Carried by Courtney. Colors were posted and the Senate pledged Nelson. On passage of bill the vote was: Ayes, 30. allegiance to the flag. Invocation by Don Livesay, Bill passed. President of the Oregon Conference of the Seventh- Day Adventist Church. Musical performance by The SB 713 A-Eng. -- Read third time. Carried by Windjammers from Lake Oswego High School. Nelson. On passage of bill the vote was: Ayes, 30. Bill passed. HB 2069, 2148, 2235, 2238, 2279, 2344, 2915, 3061 -- Message from the House announcing passage. SB 714 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 26; Committee Report Summary No. 69 listing the nays, 3 – George, Hannon, Schrader; excused, 1 – following reports was distributed to members today. Deckert. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 714 -- Schrader requested the following explanation of vote be entered into the journal: SB 258 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. “I agree with Senator Hannon that there is a potential for increased costs. This bill should be routed to Ways and SB 563 -- Report by Committee on Business and Means. While statewide collaborative approach is Labor recommending passage with amendments. important, understanding the full fiscal impact is also important.” SB 603 -- Report by Committee on Business and Labor recommending passage with amendments. SB 715 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 28; SB 747 -- Report by Committee on Revenue nays, 1 – Hannon; excused, 1 – Messerle. Bill passed. recommending passage and requesting referral to Committee on Ways and Means. Referred to Committee on Ways and Means by order of the SENATE JOURNAL SJ-111

President in agreement with the President Pro HB 3014 -- Report by Committee on Tempore. Transportation and Economic Development recommending passage. SB 849 -- Report by Committee on Education recommending passage with amendments and HB 3063 -- Report by Committee on Business requesting referral to Committee on Ways and and Labor recommending passage with amendments Means. Referred to Committee on Ways and Means to the A-engrossed bill. by order of the President in agreement with the President Pro Tempore. HB 3151 -- Report by Committee on Transportation and Economic Development SB 890 -- Report by Committee on recommending passage. Transportation and Economic Development recommending passage. Referred to Committee on HB 3581 -- Report by Committee on General Ways and Means by prior reference. Government recommending passage of the A- engrossed bill. HB 2004 -- Report by Committee on Ways and Means recommending passage with amendments to SB 456 -- Rereferred to Committee on Education the B-engrossed bill. by voice vote on motion of Morrisette.

HB 2021 -- Report by Committee on Human SB 510 -- Rereferred to Committee on Education Resources recommending passage with amendments. by voice vote on motion of Starr, C.

HB 2115 -- Report by Committee on Judiciary SB 207, 258, 362, 596, 661, 663, 723 -- Read recommending passage of the A-engrossed bill. second time and passed to third reading.

HB 2119 -- Report by Committee on Judiciary SB 124 A-Eng. -- Read third time. Carried by recommending passage. Ferrioli. On passage of bill the vote was: Ayes, 24; nays, 6 – Brown, Burdick, Corcoran, Hannon, Shields, HB 2272 -- Report by Committee on Judiciary Walker. Bill passed. recommending passage with amendments to the A- engrossed bill. SB 285 -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 23; nays, 7 – HB 2283 -- Report by Committee on Revenue Brown, Carter, Corcoran, Dukes, Hannon, Morrisette, recommending passage. Shields. Morrisette granted unanimous consent to change vote from aye to nay. Bill passed. HB 2339 -- Report by Committee on Revenue recommending passage. SB 356 -- Read third time. Taken from its place on today’s third reading calendar and placed on May HB 2389 -- Report by Committee on Business 2 calendar by voice vote on motion of Corcoran. and Labor recommending passage of the A-engrossed bill. SB 372 A-Eng. -- Read third time. Carried by Ferrioli, Starr, C. On passage of bill the vote was: HB 2450 -- Report by Committee on Education Ayes, 25; nays, 3 – Hannon, Ringo, Schrader; excused, recommending passage with amendments to the A- 1 – Starr, B.; attending legislative business, 1 – engrossed bill. Corcoran. Bill passed. (President Courtney in Chair)

HB 2454 -- Report by Committee on Revenue SB 470 A-Eng. -- Read third time. Carried by recommending passage of the A-engrossed bill. Fisher. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Corcoran. Bill HB 2474 -- Report by Committee on Business passed. and Labor recommending passage with amendments. SB 508 A-Eng. -- Read third time. Carried by HB 2691 -- Report by Committee on Metsger. On passage of bill the vote was: Ayes, 27; Transportation and Economic Development nays, 2 – Hannon, Schrader; attending legislative recommending passage with amendments to the A- business, 1 – Corcoran. Bill passed. (Fisher in Chair) engrossed bill. SB 611 A-Eng. -- Read third time. Carried by HB 2784 -- Report by Committee on Judiciary Ringo. On passage of bill the vote was: Ayes, 28; recommending passage. nays, 1 – Hannon; attending legislative business, 1 – Burdick. Bill passed. HB 2853 -- Report by Committee on Transportation and Economic Development SB 771 A-Eng. -- Read third time. Carried by recommending passage of the A-engrossed bill. Starr, B. On passage of bill the vote was: Ayes, 23; nays, 5 – Corcoran, Deckert, Hannon, Shields,

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Walker; excused, 1 – Carter; attending legislative Senate adjourned until 10:30 a.m. Thursday by business, 1 – Winters. Bill passed. unanimous consent at the request of the Chair.

SB 783 A-Eng. -- Bill read. Carried by Burdick. Call of the Senate demanded by Burdick joined by Thursday, May 1, 2003 -- Morning Session George and Dukes. All present except Deckert, absent; Starr, C., Winters attending legislative Senate convened at 10:30 a.m. President business. Pending arrival of members subject to the Courtney in Chair. The following members were Call, Senate at ease. All members subject to the Call present: Atkinson, Beyer, Brown, Burdick, Clarno, arrived. Further proceedings under the Call Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, terminated by unanimous consent at the request of George, Hannon, Harper, Metsger, Minnis, the Chair. All present except Starr, C., Winters Morrisette, Morse, Nelson, Ringo, Schrader, Shields; attending legislative business. Senate reassembled. Starr, B., Starr, C., Walker, Winters; attending On passage of bill the vote was: Ayes, 22; nays, 6 – legislative business -- Carter, Gordly, Messerle. Beyer, Clarno, Fisher, Hannon, Messerle, Morse; Colors were posted and the Senate pledged allegiance attending legislative business, 2 – Starr, C., Winters. to the flag. Invocation by Senator Bill Fisher, Bill passed. Roseburg. Musical performance by Bush Elementary Marimba Band, Salem. SB 819 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 26; SB 403, 404, 648; HB 2278, 2388, 2410, 2455, nays, 2 – Beyer, Schrader; attending legislative 2581, 2658, 2664, 2694, 2711, 2744, 2765, 2785, 2881, business, 2 – Starr, C., Winters. Bill passed. 2939, 3152, 3157, 3172, 3187, 3245, 3264, 3318, 3609, 3613 -- Message from the House announcing passage. SB 819 -- Schrader requested the following explanation of vote be entered into the journal: Committee Report Summary No. 70 listing the following reports was distributed to members today. “SB 819 has good intentions but has had indirect Summary list recorded in Journal and Status Report consequences and is illegal. by order of the President.

The courts have decreed that all Oregon students SB 103 -- Report by Committee on Business and should get the same quality education. That has been interpreted equal dollars per weighted student. That was Labor recommending passage with amendments. all districts and their students rich and poor, urban and Referred to Judiciary by prior reference. rural are given equal opportunities to excel and advance in Oregon society. SB 190 -- Report by Committee on Transportation and Economic Development A small deviation from this is allowed already. recommending passage with amendments. Referred Expanding the local option we currently have begins to to Committee on Ways and Means by prior reference. create greater and greater inequities and more haves and have-nots. I believe every student should have equal opportunity. Those districts with rich tax base rural and SB 448 -- Report by Committee on distressed parts of our state continue to languish. Transportation and Economic Development recommending passage with amendments and What we really need is statewide tax reform that requesting subsequent referral to Committee on Ways includes a dedicated source of funding for our K-12 children. and Means be rescinded. Request denied by order of All of our children should be able to benefit from a raised the President in agreement with the President Pro revenue bar for the entire state not just a privileged few. Tempore. Referred to Committee on Ways and Means by prior reference. One Oregon for all.” HB 2050 -- Report by Committee on Judiciary HB 2069, 2148, 2235, 2238, 2279, 2344, 2915, recommending passage with amendments to the A- 3061 -- Read first time and referred to President’s engrossed bill. desk. HB 2262 -- Report by Committee on Judiciary HB 2115, 2119, 2163, 2283, 2339, 2389, 2454, recommending passage. 2784, 2853, 3014, 3151, 3581 -- Read second time and passed to third reading. HB 2277 -- Report by Committee on Judiciary recommending passage. HB 2029, 2047, 2091, 2210, 2245, 2274, 2374, 2456, 2475, 2542, 2564, 2573, 2623, 2639, 2642, 2674, HB 2314 -- Report by Committee on Judiciary 2996, 3123 -- Carried over to May 1 calendar by recommending passage and be placed on the unanimous consent at the request of the Chair. Unanimous Consent Calendar.

SB 194 -- Unanimous Consent Calendar. Taken HB 2316 -- Report by Committee on Judiciary from its place on today’s Unanimous Consent recommending passage and be placed on the Calendar and placed on May 1 calendar by Unanimous Consent Calendar. unanimous consent at the request of the Chair. SENATE JOURNAL SJ-113

HB 2319 -- Report by Committee on Judiciary SB 723 A-Eng. -- Read third time. Carried by recommending passage and be placed on the Morrisette. On passage of bill the vote was: Ayes, 27; Unanimous Consent Calendar. nays, 1 – Hannon; attending legislative business, 2 – Carter, Gordly. Bill passed. HB 2322 -- Report by Committee on Judiciary recommending passage and be placed on the HB 2278, 2388, 2410, 2455, 2581, 2658, 2664, Unanimous Consent Calendar. 2694, 2711, 2744, 2765, 2785, 2881, 2939, 3152, 3157, 3172, 3187, 3245, 3264, 3318, 3609, 3613 -- Read first HB 2401 -- Report by Committee on General time and referred to President’s desk. Government recommending passage. HB 2004, 2021, 2262, 2272, 2277, 2314, 2316, HB 2645 -- Report by Committee on Judiciary 2319, 2322, 2401, 2450, 2474, 2645, 2691, 3063, 3375 - recommending passage. - Read second time and passed to third reading.

HB 2818 -- Report by Committee on General HB 2047 -- Read third time. Carried by Minnis. Government recommending passage with On passage of bill the vote was: Ayes, 27; nays, 1 – amendments. Hannon; attending legislative business, 2 – Brown, Carter. Bill passed. HB 3375 -- Report by Committee on Water and Land Use recommending passage. HB 2210 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 28; attending HB 2004 -- Made a Special Order of Business at legislative business, 2 – Brown, Carter. Bill passed. the head of May 2 third reading calendar by unanimous consent on motion of Corcoran. HB 2564 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 28; SB 563, 603 -- Read second time and passed to attending legislative business, 2 – Brown, Carter. third reading. Bill passed.

SB 207 A-Eng. -- Read third time. Carried by HB 2639 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 26; Walker. On passage of bill the vote was: Ayes, 26; nays, 1 – Hannon; attending legislative business, 3 – nays, 1 ─ Hannon; excused, 1 – Clarno; attending Carter, Gordly, Messerle. Bill passed. legislative business, 2 – Brown, Carter. Bill passed.

SB 258 A-Eng. -- Read third time. Carried by HB 2996 -- Read third time. Carried by Burdick. Ferrioli. On passage of bill the vote was: Ayes, 27; On passage of bill the vote was: Ayes, 27; excused, 1 – attending legislative business, 3 – Carter, Gordly, Clarno; attending legislative business, 2 – Brown, Messerle. Bill passed. Carter. Bill passed.

SB 362 A-Eng. -- Read third time. Carried by HB 2091 A-Eng. -- Read third time. Carried by Deckert. Call of the Senate demanded by Deckert Gordly. On passage of bill the vote was: Ayes, 25; joined by Brown and Schrader. All members subject nays, 1 – Hannon; excused, 1 – Clarno; attending to the Call present except Carter, Gordly, Messerle, legislative business, 3 – Brown, Carter, Schrader. attending legislative business. On passage of bill the Bill passed. vote was: Ayes, 21; nays, 6 – Burdick, Corcoran, Fisher, Hannon, Morrisette, Shields; attending HB 2245 -- Read third time. Carried by Nelson. legislative business, 3 – Carter, Gordly, Messerle. On passage of bill the vote was: Ayes, 24; nays, 2 – Bill passed. Atkinson, Beyer; excused, 1 – Clarno; attending legislative business, 3 – Brown, Carter, Schrader. SB 596 A-Eng. -- Read third time. Carried by Bill passed. Dukes. On passage of bill the vote was: Ayes, 25; excused, 2 – Clarno, Ringo; attending legislative HB 2274 A-Eng. -- Read third time. Carried by business, 3 – Carter, Gordly, Messerle. Bill passed. Walker. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Carter, Schrader. SB 661 A-Eng. -- Read third time. Carried by Bill passed. Starr, B. On passage of bill the vote was: Ayes, 26; excused, 1 – Ringo; attending legislative business, 3 – HB 2374 A-Eng. -- Read third time. Carried by Carter, Gordly, Messerle. Bill passed. Starr, C. On passage of bill the vote was: Ayes, 28; attending legislative business, 2 – Carter, Schrader. SB 663 A-Eng. -- Read third time. Carried by Bill passed. Starr, B. On passage of bill the vote was: Ayes, 24; nays, 2 – Hannon, Schrader; excused, 1 – Ringo; HB 2456 A-Eng. -- Read third time. Carried by attending legislative business, 3 – Carter, Gordly, Atkinson. On passage of bill the vote was: Ayes, 28; Messerle. Bill passed. attending legislative business, 2 – Carter, Schrader. Bill passed.

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HB 2475 -- Read third time. Carried by Ferrioli. HCR 4 -- Report by Committee on Rules On passage of bill the vote was: Ayes, 28; nays, 1 – recommending adoption of the A-engrossed Schrader; attending legislative business, 1 – Carter. resolution. Bill passed. HB 2131 -- Report by Committee on Revenue HB 2029, 2115, 2119, 2163, 2283, 2339, 2389, recommending passage with amendments to the A- 2454, 2542, 2573, 2623, 2642, 2674, 2784, 2853, 3014, engrossed bill to resolve conflicts. 3123, 3151, 3581 -- Carried over to May 2 calendar by unanimous consent at the request of the Chair. HB 2132 -- Report by Committee on Judiciary recommending passage with amendments to the A- SB 194 -- Unanimous Consent Calendar. Taken engrossed bill. from its place on today’s Unanimous Consent Calendar and placed on May 2 calendar by HB 2187 -- Report by Committee on Revenue unanimous consent at the request of the Chair. recommending passage.

Senate adjourned until 8:30 a.m. Friday by HB 2227 -- Report by Committee on General unanimous consent at the request of the Chair. Government recommending passage with amendments to the A-engrossed bill. Friday, May 2, 2003 -- Morning Session HB 2263 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. Senate convened at 8:30 a.m. President Courtney in Chair. The following members were present: HB 2332 -- Report by Committee on Judiciary Atkinson, Beyer, Brown, Burdick, Carter Clarno, recommending passage. Corcoran, Deckert, Devlin, Ferrioli, Dukes, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, HB 2535 -- Report by Committee on Revenue Minnis Morrisette, Morse, Nelson, Ringo, Schrader, recommending passage. Shields, Starr, B., Starr, C., Walker, Winters. Colors were posted and the Senate pledged allegiance to the HB 2576 -- Report by Committee on General flag. Invocation by Steve Hopkins of the Calvary Government recommending passage. Chapel, Salem. HB 2589 -- Report by Committee on Revenue HB 2233, 2864, 3175, 3184, 3228, 3274, 3557 -- recommending passage. Message from the House announcing passage. HB 2908 -- Report by Committee on Business Committee Report Summary No. 71 listing the and Labor recommending passage. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. HB 2925 -- Report by Committee on Business and Labor recommending passage. SB 342 -- Report by Committee on Judiciary recommending passage. SB 356 -- Taken from today’s third reading calendar and rereferred to Committee on Judiciary by voice vote on motion of Corcoran. SB 534 -- Report by Committee on Business and Labor recommending passage with amendments. SB 342 -- Read second time and passed to third reading. SB 552 -- Report by Committee on Rules recommending passage with amendments. HB 2004 C-Eng. -- Under Special Order of Business read third time. Carried by Corcoran, SB 590 -- Report by Committee on Water and Minnis. On passage of bill the vote was: Ayes, 25; Land Use recommending passage with amendments nays, 5 – Carter, Gordly, Hannon, Morrisette, and requesting subsequent referral to Committee on Shields. Bill passed. President Courtney announced Ways and Means be rescinded. Subsequent referral that members of the Senate who belong to PERS are rescinded by order of the President in agreement with part of a class regarding the declaration of potential the President Pro Tempore. conflict of interest.

SB 887 -- Report by Committee on Judiciary HB 2004 -- Gordly requested the following letter recommending passage with amendments and be entered into the journal as her explanation of vote. requesting referral to Ways and Means. Referred to Committee on Ways and Means by order of the March 11, 2003 President in agreement with the President Pro Tempore. Senator Tony Corcoran 900 Court Street NE, S319 Salem, Oregon 97301 SENATE JOURNAL SJ-115

contribution will produce. Any other result would require the Supreme Court to first overrule its decision in Oregon Dear Senator Corcoran: State Police Officers’ Assn. This letter responds to your request for our “informal Question No. 3 response” to questions about House Bill 2003 and A- engrossed House Bill 2004. Your questions and our One of the provisions of HOUSE BILL 2003 provides a responses are set forth below. method of implementing the recent decision of Circuit Court Judge Paul Lipscomb in Eugene v. PERS, Mario[sic] County We preface our comments with these statements of the Circuit Case No. 99C-20235. In essence the provision law from Oregon State Police Officers’ Assn. v. State of calculates the economic impact of PERS actions which Oregon, 323 Or. 356, 373, 375 (1996), the case that Judge Lipscomb ruled were in error. The total value of this invalidated Ballot Measure 8 (1994): adjustment is then deducted from future earnings of the The statutory pension system and the relationship PERS fund as an administrative expense. As a result of this between the state and its employees clearly established a approach some PERS members who received no benefit contractual obligation to provide an undiminished level of from the errors identified by Judge Lipscomb would have benefits[.] their future benefits reduced. Assuming that Judge Lipscomb was correct in all of his substantive rulings, [O]nce a public employer offers [pension] benefits plan would passage of this measure breach or impair the terms to an employee, those terms remain as part of the contract rights of PERS members? employment contract so long as the employee continues to work for the employer. Yes. The actions of the board that Judge Lipscomb ruled to be in error concerned Tier 1 members; the remedy Question No. 1 proposed by HOUSE BILL 2003 would use Tier 2 members’ earnings. If Judge Lipscomb is correct that the board HB 2004A contains a ‘look back’ provision to protect exceeded its authority when providing for benefits to Tier 1 members’ benefits in the transition to new actuarial tables. members, then the Tier 1 members do not have a contract The ‘look back’ provision in the PERS boards’ proposed rule, right to those benefits and the Legislative Assembly may OAR 459-005-0055, provides for a broader protection of eliminate them. Taking an authorized benefit from Tier 2 members’ benefits. Does the ‘look back’ provision of HB members would violate Tier 2 members’ contract rights— 2004A adequately protect members’ contract rights as well even if the Legislative Assembly took the benefits to remedy as assure the continued qualification of the PERS plan by a shortfall in another part of the PERS system. the IRS? We also caution against the Legislative Assembly’s We do not know the answer to this question. proceeding on the assumption that Judge Lipscomb’s In our view, the existence of a “look back” provision rulings are correct. For example, Judge Lipscomb ruled that does not affect whether changing actuarial tables impairs the board violated PERS statutes by failing to fund a members’ contract rights. If the Legislative Assembly gave contingency reserve. In our view, whether the board acted the Public Employees Retirement Board the authority to contrary to law is a close call, and on appeal a court could promise members the use of outdated tables, then members decide that the board’s decision was appropriate under the have a contractual right to the outdated tables and the circumstances. Legislative Assembly cannot update the tables. If the In addition, we believe that Judge Lipscomb erred Legislative Assembly did not give the board the authority to when concluding that the board abused its discretion in promise outdated tables, then the Legislative Assembly allocating 1999 earnings by not fully funding the gain/loss may update the tables. Judge Lipscomb concluded that the reserve. If the Legislative Assembly implemented remedies Legislative Assembly did not give the board the authority to based on the assumption that these rulings are correct, and promise outdated tables. If Judge Lipscomb’s interpretation then an appellate decision reverses either of the rulings, the of the law is correct, there is no contract right for a look- state may find itself in the position of having violated PERS back provision to protect. members’ contract rights. Whether the Internal Revenue Code requires the state to offer a look-back provision (and, if so, what kind) to Very truly yours, preserve the deductibility of payments to the Public Employees Retirement Fund is a question more complicated Gregory A. Chaimov than we have the expertise to answer. We understand that Legislative Counsel the outside tax expert who advises the board has suggested that the Internal Revenue Code does require the state to SB 563 A-Eng. -- Read third time. Carried by offer a look-back provision, and we assume that the look- Walker. On passage of bill the vote was: Ayes, 28; back provision in the board’s proposed rule reflects the nays, 2 – Hannon, Schrader. Bill passed. expert’s advice. We also understand that the board will seek advice from the Internal Revenue Service about any look- SB 603 A-Eng. -- Read third time. Carried by back provision that the Legislative Assembly requires. Nelson. On passage of bill the vote was: Ayes, 30. Question No. 2 Bill passed. One of the provisions of HOUSE BILL 2003 would provide for the cessation of employee contributions to the HB 2233, 2864, 3175, 3184, 3228, 3274, 3557 -- PERS plan. The result of the termination of employee Read first time and referred to President’s desk. contributions would be a lowering in the value of the money match benefit until it disappeared as a form of PERS HCR 4; HB 2050, 2187, 2263, 2332, 2535, 2576, benefit. Would passage of this provision be a breach or 2589, 2818, 2908, 2925 -- Read second time and impairment of the contract rights of PERS members? passed to third reading. Yes. The PERS statutes provide for an employee’s contribution (and for the employer to pick up that HB 2542 A-Eng. -- Read third time. Carried by contribution). An employee, therefore, has a contractual Starr, B. On passage of bill the vote was: Ayes, 29; right to the contribution and to the level of benefits that

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attending legislative business, 1 – Dukes. Bill HB 2784 -- Read third time. Carried by Ferrioli. passed. On passage of bill the vote was: Ayes, 25; nays, 1 – Schrader; attending legislative business, 4 – Beyer, HB 2573 -- Read third time. Carried by Starr, B. Corcoran, Dukes, Starr, B. Bill passed. On passage of bill the vote was: Ayes, 28; nays, 1 – Schrader; attending legislative business, 1 – Dukes. HB 2853 A-Eng. -- Read third time. Carried by Bill passed. Metsger. On passage of bill the vote was: Ayes, 24; nays, 1 – Schrader; attending legislative business, 5 – HB 2623 A-Eng. -- Read third time. Carried by Beyer, Corcoran, Dukes, George, Starr, B. Bill Nelson. On passage of bill the vote was: Ayes, 16; passed. nays, 13 – Burdick, Corcoran, Deckert, Fisher, Gordly, Hannon, Harper, Minnis, Morrisette, Ringo, HB 3014 -- Read third time. Carried by Deckert. Schrader, Shields, President Courtney; attending On passage of bill the vote was: Ayes, 21; attending legislative business, 1 – Dukes. Bill passed. legislative business, 9 – Beyer, Corcoran, Dukes, George, Gordly, Harper, Ringo, Starr, B., Winters. HB 2674 -- Read third time. Carried by Metsger. Bill passed. Potential conflict of interest declared by Beyer, Ferrioli. On passage of bill the vote was: Ayes, 29; HB 3151 -- Read third time. Carried by Metsger. attending legislative business, 1 – Dukes. Bill On passage of bill the vote was: Ayes, 21; nays, 1 – passed. Schrader; attending legislative business, 8 – Beyer, Corcoran, Dukes, Gordly, Harper, Ringo, Starr, B., HB 3123 -- Read third time. Carried by Beyer. Winters. Bill passed. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Dukes. Bill passed. HB 3581 A-Eng. -- Read third time. Carried by Carter. On passage of bill the vote was: Ayes, 20; HB 2029 -- Read third time. Carried by nays, 3 – Atkinson, Fisher, Morrisette; attending Corcoran. On passage of bill the vote was: Ayes, 26; legislative business, 7 – Beyer, Dukes, Gordly, nays, 1 – Schrader; excused, 1 – Gordly; attending Harper, Messerle, Ringo, Winters. Bill passed. legislative business, 2 – Beyer, Dukes. Bill passed. HB 2021 A-Eng. -- Read third time. Carried by HB 2642 A-Eng. -- Read third time. Carried by Fisher. Call of the Senate demanded by Fisher joined Fisher. On passage of bill the vote was: Ayes, 27; by Nelson and Starr, C. All present except Beyer, excused, 1 – Gordly; attending legislative business, 2 Messerle, Morse, Ringo, Winters, attending – Beyer, Dukes. Bill passed. legislative business. Pending arrival of members subject to the Call, Senate at ease. Members arrived. HB 2115 A-Eng. -- Read third time. Carried by All present. Senate reassembled. Burdick. On passage of bill the vote was: Ayes, 25; excused, 1 – Gordly; attending legislative business, 4 HB 2021 -- Debate continued. On passage of bill – Beyer, Corcoran, Dukes, Ringo. Bill passed. the vote was: Ayes, 16; nays, 14 – Beyer, Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, HB 2119 -- Read third time. Carried by Walker. Hannon, Metsger, Schrader, Shields, Walker, On passage of bill the vote was: Ayes, 26; attending President Courtney. Bill passed. legislative business, 4 – Beyer, Corcoran, Dukes, Ringo. Bill passed. HB 2262 -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 29; excused, 1 – HB 2163 -- Moved to the foot of today's third Messerle. Bill passed. reading calendar by unanimous consent at the request of the Chair. HB 2272 B-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 29; HB 2283 -- Read third time. Moved to the foot of excused, 1 – Messerle. Bill passed. today's third reading calendar by unanimous consent at the request of the Chair.(Hannon in Chair) HB 2277 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 28; excused, 2 – HB 2339 -- Read third time. Carried by Ferrioli. Messerle, Shields. Bill passed. (President Courtney On passage of bill the vote was: Ayes, 26; attending in Chair) legislative business, 4 – Beyer, Corcoran, Dukes, Starr, B. Bill passed. HB 2401 -- Read third time. Carried by Corcoran. On passage of bill the vote was: Ayes, 29; HB 2389 -- Read third time. Rereferred to excused, 1 – Messerle. Bill passed. Committee on Business and Labor by voice vote on motion of Nelson. HB 2450 B-Eng. -- Read third time. Carried by Clarno. On passage of bill the vote was: Ayes, 28; HB 2454 -- Moved to the foot of today's third excused, 1 – Messerle; attending legislative business, reading calendar by unanimous consent at the 1 – Corcoran. Bill passed. request of the Chair. SENATE JOURNAL SJ-117

HB 2474 A-Eng. -- Read third time. Carried by HB 2238 Judiciary Walker. On passage of bill the vote was: Ayes, 25; HB 2279 Judiciary nays, 1 – Hannon; excused, 1 – Messerle; attending legislative business, 3 – Corcoran, Schrader, Winters. HB 2298 Revenue Bill passed. HB 2324 Human Resources HB 2344 Agriculture and Natural Resources HB 2645 -- Read third time. Carried by Ringo. HB 2369 Water and Land Use On passage of bill the vote was: Ayes, 25; excused, 1 – HB 2383 Business and Labor Messerle; attending legislative business, 4 – HB 2436 Agriculture and Natural Resources Corcoran, Harper, Schrader, Winters. Bill passed. HB 2444 Business and Labor HB 2691 B-Eng. -- Read third time. Carried by HB 2521 Agriculture and Natural Resources Metsger. On passage of bill the vote was: Ayes, 25; HB 2625 Revenue excused, 1 – Messerle; attending legislative business, HB 2627 Business and Labor 4 – Corcoran, Harper, Schrader, Winters. Bill passed. HB 2631 Human Resources HB 2661 Transportation and Economic Development HB 3063 B-Eng. -- Read third time. Carried by HB 2670 Business and Labor Beyer. On passage of bill the vote was: Ayes, 25; excused, 1 – Messerle; attending legislative business, HB 2717 Business and Labor 4 – Corcoran, Harper, Schrader, Winters. Bill passed. HB 2725 Judiciary HB 2729 Judiciary HB 3375 -- Read third time. Carried by Metsger. HB 2733 Judiciary On passage of bill the vote was: Ayes, 24; nays, 1 – HB 2803 Judiciary George; excused, 1 – Messerle; attending legislative HB 2843 Education; Ways and Means business, 4 – Corcoran, Harper, Schrader, Winters. Bill passed. HB 2847 General Government HB 2877 Judiciary HB 2163 A-Eng. -- Read third time. Carried by HB 2915 Agriculture and Natural Resources Beyer. On passage of bill the vote was: Ayes, 24; HB 2945 Agriculture and Natural Resources excused, 1 – Messerle; attending legislative business, HB 2961 Water and Land Use 5 – Brown, Corcoran, Harper, Schrader, Winters. Bill HB 2965 Business and Labor passed. HB 3048 Transportation and Economic Development HB 2283 -- Read third time. Taken from its place HB 3060 General Government on today’s third reading calendar and placed on May HB 3061 General Government 5 calendar by voice vote on motion of Fisher. HB 3072 Revenue HB 3122 Human Resources HB 2454 A-Eng. -- Read third time. Carried by HB 3144 Business and Labor Starr, B. On passage of bill the vote was: Ayes, 24; HB 3145 Business and Labor nays, 1 – Hannon; excused, 1 – Messerle; attending legislative business, 4 – Brown, Harper, Schrader, HB 3159 Business and Labor Winters. Bill passed. HB 3163 Business and Labor HB 3174 Business and Labor SB 194 -- Read third time under Unanimous HB 3183 Revenue Consent Calendar. Carried by Walker. On passage of HB 3196 Transportation and Economic Development bill the vote was: Ayes, 24; excused, 1 – Messerle; HB 3206 General Government attending legislative business, 5 – Brown, Deckert, Harper, Schrader, Winters. Bill passed. HB 3212 General Government HB 3218 Business and Labor The following measures were referred to HB 3272 Rules committee on May 1 and recorded on Committee HB 3297 Water and Land Use; Revenue Referral List No. 45 which was distributed to HB 3313 Business and Labor members. Referral list recorded in the Journal and HB 3316 Business and Labor Status Report by order of the President. HB 3422 General Government SJM 6 General Government HB 3446 General Government; Ways and Means SB 897 Education; Ways and Means HB 3476 General Government HB 2043 Revenue HB 3508 Human Resources HB 2069 Judiciary HB 3615 Transportation and Economic Development HB 2103 Business and Labor President Courtney announced that the HB 2148 General Government; Ways and Means following committees are deactivated effective May 2. HB 2168 Revenue HB 2174 Judiciary Agriculture and Natural Resources HB 2235 Judiciary

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Business and Labor SB 647 -- Report by Committee on Human Resources recommending passage with amendments. Education SB 765 -- Report by Committee on General Government Transportation and Economic Development recommending passage with amendments. Health Policy SB 885 -- Report by Committee on Human Human Resources Resources recommending passage with amendments.

Transportation and Economic Development HB 2230 -- Report by Committee on Business and Labor recommending passage with amendments Water and Land Use to the A-engrossed bill and requesting subsequent referral to Committee on Ways and Means be Senate adjourned until 10:30 a.m. Monday by rescinded. Subsequent referral rescinded by order of unanimous consent at the request of the Chair. the President in agreement with the President Pro Tempore.

Monday, May 5, 2003 -- Morning Session HB 2340 -- Report by Committee on Ways and Means recommending passage with amendments to Senate convened at 10:30 a.m. Nelson in Chair. the B-engrossed bill to resolve conflicts. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, HB 3261 -- Report by Committee on Water and Devlin, Dukes, Fisher George, Gordly, Hannon, Land Use recommending passage and be placed on Harper, Messerle, Metsger, Minnis, Morrisette, the Unanimous Consent Calendar. Morse, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters, President Courtney; attending HB 2283 -- Taken from its place on today’s third legislative business -- Deckert, Ferrioli. Colors were reading calendar and placed on May 6 calendar by posted and the Senate pledged allegiance to the flag. voice vote on motion of Fisher. Invocation by Senator Bruce Starr, Aloha. SB 900 -- Introduced, read first time and HB 2003, 2020 -- Message from the House referred to President’s desk. announcing passage. SB 534, 552, 590 -- Read second time and passed Committee Report Summary No. 72 listing the to third reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 342 -- Read third time. Carried by Burdick. by order of the President. On passage of bill the vote was: Ayes, 19; nays, 9 – Carter, Clarno, Gordly, Hannon, Metsger, Morrisette, SJR 19 -- Report by Committee on Rules, signed Shields, Walker, Winters; attending legislative by Clarno, Chair, recommending adoption with business, 2 – Deckert, Ferrioli. Bill passed. amendments. Minority Report, signed by Atkinson and Beyer, recommending adoption with different HB 2003, 2020 -- Read first time and referred to amendments. President’s desk.

SB 1 -- Report by Committee on Health Policy HB 2131, 2132, 2227, 3261 -- Read second time recommending passage with amendments. Referred and passed to third reading. to Committee on Ways and Means by order of the President in agreement with the President Pro HCR 4 A-Eng. -- Read final time. Carried by Tempore. Brown. On adoption of resolution, the vote was: Ayes, 28; attending legislative business, 2 – Deckert, SB 40 -- Report by Committee on Business and Ferrioli. Resolution adopted. Labor recommending passage with amendments. HB 2050 B-Eng. -- Read third time. Carried by SB 604 -- Report by Committee on Business and Burdick. On passage of bill the vote was: Ayes, 27; Labor recommending passage with amendments. attending legislative business, 3 – Deckert, Ferrioli, Ringo. Bill passed. SB 609 -- Report by Committee on Business and Labor recommending passage with amendments. HB 2187 -- Read third time. Carried by Hannon. On passage of bill the vote was: Ayes, 26; excused, 1 – SB 646 -- Report by Committee on Human Burdick; attending legislative business, 3 – Deckert, Resources recommending passage with amendments. Ferrioli, Ringo. Bill passed. SENATE JOURNAL SJ-119

HB 2263 A-Eng. -- Read third time. Carried by HB 2005, 2558, 2634 -- Message from the House Minnis. On passage of bill the vote was: Ayes, 27; announcing the Speaker signed on May 5. attending legislative business, 3 – Deckert, Ferrioli, Ringo. Bill passed. Committee Report Summary No. 73 listing the following reports was distributed to members today. HB 2332 -- Read third time. Carried by Starr, C. Summary list recorded in Journal and Status Report On passage of bill the vote was: Ayes, 27; attending by order of the President. legislative business, 3 – Deckert, Ferrioli, Ringo. Bill passed. SB 64 -- Report by Committee on Judiciary recommending passage with amendments. HB 2535 -- Read third time. Carried by Hannon. On passage of bill the vote was: Ayes, 27; attending SB 90 -- Report by Committee on Judiciary legislative business, 3 – Deckert, Ferrioli, Ringo. Bill recommending passage with amendments and passed. requesting referral to Committee on Ways and Means. Referred to Committee on Ways and Means HB 2576 -- Read third time. Taken from its place by order of the President in agreement with the on today’s third reading calendar and placed on May President Pro Tempore. 6 calendar by voice vote on motion of Minnis. SB 189 -- Report by Committee on Judiciary HB 2589 -- Read third time. Carried by Ringo. recommending passage with amendments. On passage of bill the vote was: Ayes, 18; nays, 10 – Burdick, Corcoran, Dukes, George, Gordly, Metsger, SB 272 -- Report by Committee on Education Schrader, Shields, Walker, President Courtney; recommending passage with amendments. attending legislative business, 2 – Deckert, Ferrioli. Bill passed. SB 538 -- Report by Committee on Water and Land Use recommending passage with amendments HB 2818 A-Eng. -- Read third time. Carried by and requesting subsequent referral to Committee on Starr, B. On passage of bill the vote was: Ayes, 26; Ways and Means be rescinded. Subsequent referral nays, 2 – George, Hannon; attending legislative rescinded by order of the President in agreement with business, 2 – Deckert, Ferrioli. Bill passed. the President Pro Tempore.

HB 2908 -- Read third time. Carried by Beyer. SB 543 -- Report by Committee on General On passage of bill the vote was: Ayes, 28; attending Government recommending passage. Referred to legislative business, 2 – Deckert, Ferrioli. Bill Committee on Ways and Means by prior reference. passed. HCR 7 -- Report by Committee on Rules HB 2925 -- Read third time. Carried by Walker. recommending adoption. On passage of bill the vote was: Ayes, 26; nays, 2 – Hannon, Ringo; attending legislative business, 2 – HJR 41 -- Report by Committee on General Deckert, Ferrioli. Bill passed. Government recommending adoption.

Senate adjourned until 10:30 a.m. Tuesday by HB 2057 -- Report by Committee on Judiciary unanimous consent at the request of the Chair. recommending passage and be placed on the Unanimous Consent Calendar. Tuesday, May 6, 2003 -- Morning Session HB 2059 -- Report by Committee on Judiciary recommending passage with amendments to the A- Senate convened at 10:30 a.m. President engrossed bill. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter HB 2060 -- Report by Committee on Judiciary Clarno, Corcoran, Deckert, Devlin, Ferrioli, Dukes, recommending passage of the A-engrossed bill. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis Morrisette, Morse, Nelson, Ringo, HB 2086 -- Report by Committee on Judiciary Schrader, Shields, Starr, B., Starr, C., Walker, recommending passage of the A-engrossed bill. Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Bill Fisher, Roseburg. (Hannon in Chair) HB 2190 -- Report by Committee on General Government recommending passage and be placed on the Unanimous Consent Calendar. HB 2647, 2706, 2739, 2768, 2860, 2893, 2898, 2999, 3013, 3156, 3346, 3376, 3431 -- Message from the House announcing passage. HB 2331 -- Report by Committee on Business and Labor recommending passage. HB 2964, 3583 -- Message from the House announcing failure to pass. HB 2491 -- Report by Committee on General Government recommending passage.

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HB 2761 -- Report by Committee on Judiciary HB 2319 -- Read third time under Unanimous recommending passage with amendments to the A- Consent Calendar. Carried by Walker. On passage of engrossed bill. bill the vote was: Ayes, 27; nays, 1 – Schrader; attending legislative business, 2 – Corcoran, Ringo. HB 3163 -- Report by Committee on Business Bill passed. and Labor recommending passage of the A-engrossed bill. HB 2322 -- Read third time under Unanimous Consent Calendar. Carried by Starr, C. On passage SB 552 -- Rereferred to Committee on Rules by of bill the vote was: Ayes, 26; nays, 2 – Carter, voice vote on motion of Metsger. Schrader; attending legislative business, 2 – Corcoran, Ringo. Bill passed. SJR 19; SB 40, 604, 609, 646, 647, 765, 885 -- Read second time and passed to third reading. The following measures were referred to committee on May 5 and recorded on Committee SB 534 A-Eng. -- Read third time. Carried by Referral List No. 46 which was distributed to George. On passage of bill the vote was: Ayes, 29; members. Referral list recorded in the Journal and excused, 1 – Carter. Bill passed. Status Report by order of the President. HB 2003 General Government SB 590 A-Eng. -- Read third time. Carried by HB 2020 General Government Ferrioli. On passage of bill the vote was: Ayes, 28; nays, 1 – Schrader; excused, 1 – Carter. Bill passed. HB 2005, 2634, 2558 -- President Courtney signed on May 6. HB 2647, 2706, 2739, 2768, 2860, 2893, 2898, 2999, 3013, 3156, 3346, 3376, 3431 -- Read first time Senate adjourned until 10:30 a.m. Wednesday by and referred to President’s desk. unanimous consent at the request of the Chair.

HCR 7; HJR 41; HB 2057, 2060, 2086, 2190, 2230, 2331, 2340, 2491, 3163 -- Read second time and Wednesday, May 7, 2003 -- Morning Session passed to third reading. Senate convened at 10:30 a.m. President HB 2131 B-Eng. -- Read third time. Carried by Courtney in Chair. The following members were Deckert. On passage of bill the vote was: Ayes, 28; present: Atkinson, Beyer, Brown, Burdick, Carter nays, 1 – Schrader; attending legislative business, 1 – Clarno, Corcoran, Deckert, Devlin, Ferrioli, Dukes, Carter. Bill passed. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, HB 2132 B-Eng. -- Read third time. Carried by Schrader, Shields, Starr, B., Starr, C., Walker, Starr, C. On passage of bill the vote was: Ayes, 28; Winters. Colors were posted and the Senate pledged nays, 1 – Schrader; attending legislative business, 1 – allegiance to the flag. Invocation by Chaplain Frank Carter. Bill passed. Carpenter of Capitol Ministries, Hillsboro.

HB 2227 B-Eng. -- Read third time. Carried by HB 2094, 2378, 2447, 2574, 2575, 2607, 2646, Starr, B. On passage of bill the vote was: Ayes, 30. 2696, 2737, 2754, 2824, 2865, 2894, 3021, 3093, 3170, Bill passed. 3259, 3304, 3315, 3330, 3458, 3539, 3561 -- Message from the House announcing passage. HB 2283 -- Bill read. Rereferred to Committee on Revenue carried by voice vote on motion of Fisher. HB 2004 -- Message from the House announcing passage as amended by the House. HB 2576 -- Bill read. Carried by Minnis. Call of the Senate demanded by Minnis joined by Ferrioli Committee Report Summary No. 74 listing the and George. All present. On passage of bill the vote following reports was distributed to members today. was: Ayes, 23; nays, 7 – Beyer, Clarno, George, Summary list recorded in Journal and Status Report Harper, Messerle, Morse, Nelson. Bill passed. by order of the President.

HB 2314 -- Read third time under Unanimous SB 576 -- Report by Committee on Agriculture Consent Calendar. Carried by Walker. On passage of and Natural Resources recommending passage. bill the vote was: Ayes, 27; nays, 1 – Schrader; attending legislative business, 2 – Corcoran, Ringo. SB 785 -- Report by Committee on Health Policy Bill passed. recommending passage with amendments.

HB 2316 -- Read third time under Unanimous SB 820 -- Report by Committee on Water and Consent Calendar. Carried by Starr, C. On passage Land Use recommending passage with amendments. of bill the vote was: Ayes, 27; nays, 1 – Schrader; attending legislative business, 2 – Corcoran, Ringo. SB 893 -- Report by Committee on Business and Bill passed. Labor recommending passage with amendments. SENATE JOURNAL SJ-121

SB 896 -- Report by Committee on Business and SB 9 -- Message from the House announcing Labor recommending passage. passage.

HCR 3 -- Report by Committee on Rules HB 2094, 2378, 2447, 2574, 2575, 2607, 2646, recommending adoption of the A-engrossed 2696, 2737, 2754, 2824, 2865, 2894, 3021, 3093, 3170, resolution. 3259, 3304, 3315, 3330, 3458, 3539, 3561 -- Read first time and referred to President’s desk. HCR 5 -- Report by Committee on Rules recommending adoption. HCR 3, 5; HJM 5; HB 2019, 2059, 2761, 3062 -- Read second time and passed to third reading. HJM 5 -- Report by Committee on Revenue recommending adoption. HCR 7; HJR 41; HB 2060, 2086, 2230, 2331, 2340, 2491, 3163 -- Carried over to May 8 calendar by HB 2019 -- Report by Committee on Business unanimous consent at the request of the Chair. and Labor recommending passage of the A-engrossed bill. The following measures were referred to committee on May 6 and recorded on Committee HB 2030 -- Report by Committee on Revenue Referral List No. 47 which was distributed to recommending passage with amendments. members. Referral list recorded in the Journal and Status Report by order of the President. HB 3062 -- Report by Committee on Revenue SB 900 Revenue; Ways and Means recommending passage. HB 2233 Business and Labor SJR 19 -- Committee report and minority report HB 2278 Judiciary read. Metsger moved the Senate adopt the committee HB 2388 Transportation and Economic Development; Ways report. Beyer moved the minority report be and Means substituted for the committee report. Call of the HB 2410 Human Resources Senate demanded by Beyer joined by Clarno and HB 2455 Transportation and Economic Development Minnis. All present except Carter, absent. Pending arrival of Carter, Senate at ease. All members HB 2581 Judiciary present. Senate reassembled. HB 2658 Judiciary HB 2664 Revenue SJR 19 A-Eng. -- Motion to substitute minority HB 2694 Judiciary report failed. The vote was: Ayes, 11; nays, 19 – HB 2711 Judiciary Brown, Burdick, Carter, Corcoran, Deckert, Devlin, HB 2744 Education Dukes, Ferrioli, George, Gordly, Hannon, Metsger, Morrisette, Nelson, Ringo, Schrader, Shields, Walker, HB 2765 Business and Labor President Courtney. Motion failed. HB 2785 Water and Land Use HB 2864 Business and Labor SJR 19 A-Eng. -- Resolution, as amended by HB 2881 Business and Labor committee report, read final time. Carried by HB 2939 Health Policy Metsger. Rereferred to Committee on Rules by voice HB 3152 Agriculture and Natural Resources vote on motion of Corcoran. HB 3157 Human Resources SB 64, 189, 272, 538, 576, 896 -- Read second HB 3172 Business and Labor time and passed to third reading. HB 3175 Agriculture and Natural Resources HB 3184 Revenue SB 40 A-Eng. -- Read third time. Carried by HB 3187 Transportation and Economic Development; Ways Beyer, Walker. Call of the Senate demanded by and Means Walker joined by Winters and Morrisette. All present HB 3228 Water and Land Use except Brown, Deckert, absent; Pending arrival of members subject to the Call, Senate at ease. Members HB 3245 Water and Land Use arrived. All members present. Senate reassembled. HB 3264 Rules On passage of bill the vote was: Ayes, 21; nays, 9 – HB 3274 Business and Labor Brown, Burdick, Corcoran, Deckert, Devlin, Dukes, HB 3318 Judiciary Hannon, Metsger, President Courtney. Walker HB 3557 Education granted unanimous consent (on May 8) to declare a potential conflict of interest after the vote. Bill HB 3609 Human Resources; Ways and Means passed. HB 3613 Rules HB 2004 -- President Courtney signed on May 7. SB 604, 609, 646, 647, 765, 885 -- Carried over to May 8 calendar by unanimous consent at the request Senate adjourned until 10:00 a.m. Thursday by of the Chair. unanimous consent at the request of the Chair.

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Thursday, May 8, 2003 -- Morning Session HB 2191 -- Report by Committee on General Government recommending passage with amendments to the A-engrossed bill. Senate convened at 10:00 a.m. President Courtney in Chair. The following members were HB 2258 -- Report by Committee on Agriculture present: Atkinson, Beyer, Brown, Carter, Clarno, and Natural Resources recommending passage. Corcoran, Deckert, Devlin, Ferrioli, Dukes, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Starr, B., HB 2379 -- Report by Committee on Revenue Starr, C., Walker, Winters; excused -- Burdick, recommending passage with amendments to the A- Schrader; attending legislative business -- Shields. engrossed bill. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Reverend Ed Lykens from HB 2625 -- Report by Committee on Revenue the Church of the Nazarene, Prineville. Musical recommending passage. performance by Sound Jubilee, a home school choir, Salem. HB 3068 -- Report by General Government recommending passage with amendments to the A- HB 2120, 2887, 3017, 3247, 3354, 3380, 3462, engrossed bill. 3548, 3606 -- Message from the House announcing passage. HB 3194 -- Report by Committee on General Government recommending passage with HB 2004 -- Message from the House announcing amendments. concurrence in Senate amendments and repassage. HB 2003 -- Rules suspended for second and third HB 2004 -- Message from the House announcing readings and consideration by unanimous consent on the Speaker signed on May 7. motion of Corcoran.

Committee Report Summary No. 75 listing the HB 2003 -- Made a Special Order of Business at following reports was distributed to members May 7. 11:15 a.m. by unanimous consent on motion of Summary list recorded in Journal and Status Report Corcoran. by order of the President. SB 542, 785, 820, 893 -- Read second time and HB 2003 -- Report by Committee on General passed to third reading. Government recommending passage with amendments to the A-engrossed bill. SB 604 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 26; Committee Report Summary No. 76 listing the absent, 2 – Carter, Dukes; excused, 2 – Burdick, following reports was distributed to members today. Schrader. Bill passed. Summary list recorded in Journal and Status Report by order of the President. SB 609 A-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 28; SJR 13 -- Report by Committee on Revenue excused, 2 – Burdick, Schrader. Bill passed. recommending adoption with amendments. SB 646 A-Eng. -- Read third time. Carried by SB 7 -- Report by Committee on General Morrisette. On passage of bill the vote was: Ayes, 27; Government recommending passage with nays, 1 – Hannon; excused, 2 – Burdick, Schrader. amendments. Bill passed.

SB 146 -- Report by Committee on Health Policy SB 647 A-Eng. -- Read third time. Carried by recommending passage with amendments. Referred Ferrioli. On passage of bill the vote was: Ayes, 26; to Committee on Ways and Means by prior reference. nays, 2 – Beyer, Hannon; excused, 2 – Burdick, Schrader. Bill passed. SB 542 -- Report by Committee on Health Policy recommending passage. SB 765 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 26; SB 869 -- Report by Committee on excused, 2 – Burdick, Schrader; attending legislative Transportation and Economic Development without business, 2 – Clarno, Ringo. Bill passed. recommendation as to passage, but with amendments and referred to Committee on Ways and Means by SB 885 A-Eng. -- Read third time. Carried by prior reference. Brown. On passage of bill the vote was: Ayes, 25; nays, 1 – Hannon; excused, 2 – Burdick, Schrader; HB 2150 -- Report by Committee on Judiciary attending legislative business, 2 – Clarno, Ringo. Bill recommending passage of the A-engrossed bill. passed. SENATE JOURNAL SJ-123

SB 64 A-Eng. -- Read third time. Taken from its the vote was: Ayes, 19; nays, 10 – Brown, Carter, place on today’s third reading calendar and placed on Devlin, Dukes, Gordly, Hannon, Morrisette, Nelson, May 9 by voice vote on motion of Walker. Shields, Walker; excused, 1 – Burdick. Bill passed.

SB 189 A-Eng. -- Read third time. Carried by HB 2003 -- Gordly requested the following letter Minnis. On passage of bill the vote was: Ayes, 25; be entered into the journal as her explanation of vote. nays, 1 – Beyer; excused, 2 – Burdick, Schrader; attending legislative business, 2 – Clarno, Ringo. Bill passed. March 11, 2003

SB 272 A-Eng. -- Read third time. Carried by Senator Tony Corcoran Deckert. On passage of bill the vote was: Ayes, 26; 900 Court Street NE, S319 excused, 2 – Burdick, Schrader; attending legislative Salem, Oregon 97301 business, 2 – Clarno, Ringo. Bill passed.

SB 538 A-Eng. -- Read third time. Carried by Dear Senator Corcoran: Ferrioli. On passage of bill the vote was: Ayes, 26; This letter responds to your request for our “informal nays, 1 – Hannon; excused, 2 – Burdick, Schrader; response” to questions about House Bill 2003 and A- attending legislative business, 1 – Clarno. Bill engrossed House Bill 2004. Your questions and our passed. responses are set forth below. We preface our comments with these statements of the SB 576 -- Read third time. Carried by Beyer. On law from Oregon State Police Officers’ Assn. v. State of passage of bill the vote was: Ayes, 26; excused, 1 – Oregon, 323 Or. 356, 373, 375 (1996), the case that Burdick; attending legislative business, 3 – Clarno, invalidated Ballot Measure 8 (1994): Ringo, Shields. Bill passed. The statutory pension system and the relationship between the state and its employees clearly established a SB 896 -- Read third time. Carried by Nelson. contractual obligation to provide an undiminished level of On passage of bill the vote was: Ayes, 27; nays, 1 – benefits[.]” Hannon; excused, 1 – Burdick; attending legislative [O]nce a public employer offers [pension] benefits plan business, 1 – Shields. Bill passed. terms to an employee, those terms remain as part of the employment contract so long as the employee continues to HB 2120, 2887, 3017, 3247, 3354, 3380, 3462, work for the employer. 3548, 3606 -- Read first time and referred to Question No. 1 President’s desk. HB 2004A contains a ‘look back’ provision to protect members’ benefits in the transition to new actuarial tables. HB 2030, 2150, 2258, 2625 -- Read second time The ‘look back’ provision in the PERS boards’ proposed rule, and passed to third reading. OAR 459-005-0055, provides for a broader protection of members’ benefits. Does the ‘look back’ provision of HB HB 2340 -- Moved to the head of the calendar by 2004A adequately protect members’ contract rights as well unanimous consent at the request of the chair. as assure the continued qualification of the PERS plan by the IRS? HB 2340 C-Eng. -- Read third time. Carried by We do not know the answer to this question. Devlin. On passage of bill the vote was: Ayes, 28; In our view, the existence of a “look back” provision excused, 1 – Burdick; attending legislative business, 1 does not affect whether changing actuarial tables impairs – Shields. Bill passed. members’ contract rights. If the Legislative Assembly gave the Public Employees Retirement Board the authority to HCR 7 -- Read final time. Carried by Corcoran. promise members the use of outdated tables, then members On adoption of resolution, the vote was: Ayes, 29; have a contractual right to the outdated tables and the excused, 1 – Burdick. Resolution adopted. Legislative Assembly cannot update the tables. If the Legislative Assembly did not give the board the authority to promise outdated tables, then the Legislative Assembly HJR 41 -- Read final time. Carried by Starr, B. may update the tables. Judge Lipscomb concluded that the On adoption of resolution, the vote was: Ayes, 29; Legislative Assembly did not give the board the authority to excused, 1 – Burdick. Resolution adopted. promise outdated tables. If Judge Lipscomb’s interpretation of the law is correct, there is no contract right for a look- HB 2003 -- Senate proceeded to the Special back provision to protect. Order of Business at 11:15 a.m. Whether the Internal Revenue Code requires the state to offer a look-back provision (and, if so, what kind) to HB 2003 -- Under rules suspension and Special preserve the deductibility of payments to the Public Order of Business, read second time. Employees Retirement Fund is a question more complicated than we have the expertise to answer. We understand that the outside tax expert who advises the board has suggested HB 2003 B-Eng. -- Under rules suspension and that the Internal Revenue Code does require the state to Special Order of Business, read third time. Carried offer a look-back provision, and we assume that the look- by Corcoran, Minnis. Call of the Senate demanded by back provision in the board’s proposed rule reflects the Brown joined by Minnis and Winters. All members expert’s advice. We also understand that the board will seek present except Burdick, excused. On passage of bill

SJ-124 SENATE JOURNAL advice from the Internal Revenue Service about any look- HB 2086 A-Eng. -- Read third time. Carried by back provision that the Legislative Assembly requires. Minnis. Call of the Senate demanded by Brown Question No. 2 joined by Starr, C. and Devlin. All present except Corcoran, attending legislative business. On passage One of the provisions of HOUSE BILL 2003 would of bill the vote was: Ayes, 22; nays, 7 – Beyer, Fisher, provide for the cessation of employee contributions to the George, Hannon, Harper, Messerle, Nelson; attending PERS plan. The result of the termination of employee legislative business, 1 – Corcoran. Bill passed. contributions would be a lowering in the value of the money match benefit until it disappeared as a form of PERS benefit. Would passage of this provision be a breach or HCR 3, 5; HJM 5; HB 2019, 2059, 2230, 2331, impairment of the contract rights of PERS members? 2491, 2761, 3062, 3163 -- Carried over to May 9 calendar by unanimous consent at the request of the Yes. The PERS statutes provide for an employee’s contribution (and for the employer to pick up that Chair. contribution). An employee, therefore, has a contractual right to the contribution and to the level of benefits that HB 3261 -- Unanimous Consent Calendar. Taken contribution will produce. Any other result would require from its place on today’s Unanimous Consent the Supreme Court to first overrule its decision in Oregon Calendar and placed on May 9 calendar by State Police Officers’ Assn. unanimous consent at the request of the Chair. Question No. 3 President Courtney announced the following One of the provisions of HOUSE BILL 2003 provides a method of implementing the recent decision of Circuit Court committee assignments effective May 8. Judge Paul Lipscomb in Eugene v. PERS, Mario[sic] County Circuit Case No. 99C-20235. In essence the provision calculates the economic impact of PERS actions which SENATE SPECIAL COMMITTEE ON THE OREGON Judge Lipscomb ruled were in error. The total value of this HEALTH PLAN adjustment is then deducted from future earnings of the PERS fund as an administrative expense. As a result of this Senator Peter Courtney, Co-Chair approach some PERS members who received no benefit from the errors identified by Judge Lipscomb would have Senator Jackie Winters, Co-Chair their future benefits reduced. Assuming that Judge Senator Kate Brown Lipscomb was correct in all of his substantive rulings, Senator Margaret Carter would passage of this measure breach or impair the contract rights of PERS members? Senator Bill Fisher Senator Lenn Hannon Yes. The actions of the board that Judge Lipscomb ruled to be in error concerned Tier 1 members; the remedy Senator John Minnis proposed by HOUSE BILL 2003 would use Tier 2 members’ Senator Bill Morrisette earnings. If Judge Lipscomb is correct that the board exceeded its authority when providing for benefits to Tier 1 SB 9 -- President Courtney signed on May 8. members, then the Tier 1 members do not have a contract right to those benefits and the Legislative Assembly may Senate adjourned until 10:30 a.m. Friday by eliminate them. Taking an authorized benefit from Tier 2 unanimous consent at the request of the Chair. members would violate Tier 2 members’ contract rights— even if the Legislative Assembly took the benefits to remedy a shortfall in another part of the PERS system. Friday, May 9, 2003 -- Morning Session We also caution against the Legislative Assembly’s proceeding on the assumption that Judge Lipscomb’s rulings are correct. For example, Judge Lipscomb ruled that Senate convened at 10:30 a.m. President the board violated PERS statutes by failing to fund a Courtney in Chair. The following members were contingency reserve. In our view, whether the board acted present: Atkinson, Beyer, Brown, Burdick, Clarno, contrary to law is a close call, and on appeal a court could Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, decide that the board’s decision was appropriate under the George, Gordly, Harper, Messerle, Metsger, Minnis, circumstances. Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., In addition, we believe that Judge Lipscomb erred Walker; excused -- Carter, Schrader, Winters; when concluding that the board abused its discretion in attending legislative business -- Hannon, Starr, C. allocating 1999 earnings by not fully funding the gain/loss Colors were posted and the Senate pledged allegiance reserve. If the Legislative Assembly implemented remedies to the flag. Invocation by Margie Courtney, Salem. based on the assumption that these rulings are correct, and then an appellate decision reverses either of the rulings, the SB 94, 174, 182, 187, 188, 192, 203, 204, 215, state may find itself in the position of having violated PERS members’ contract rights. 233, 246, 247, 251, 256, 276, 281, 387, 425, 748, 878; HB 2342, 2490, 2590, 2592, 3126, 3344, 3349, 3400, Very truly yours, 3459, 3520, 3579 -- Message from the House Gregory A. Chaimov announcing passage. Legislative Counsel HB 2060 A-Eng. -- Read third time. Carried by SB 181, 225 -- Message from the House Ferrioli. On passage of bill the vote was: Ayes, 28; announcing passage as amended by the House. excused, 1 – Burdick; attending legislative business, 1 – Corcoran. Bill passed. HB 2003, 2021, 2050, 2131, 2132, 2163, 2227, 2272, 2340, 2450, 2474, 2691, 2818, 3063 -- Message SENATE JOURNAL SJ-125 from the House announcing concurrence in Senate SJR 13; SB 7 -- Read second time and passed to amendments and repassage. third reading.

SB 9 -- Message from the House announcing the SB 64 A-Eng. -- Read third time. Carried by Speaker signed on May 8. Walker. On passage of bill the vote was: Ayes, 25; nays, 2 – George, Schrader; attending legislative HB 2003, 2340 -- Message from the House business, 3 – Hannon, Messerle, Starr, C. Bill announcing the Speaker signed on May 9. passed.

Committee Report Summary No. 77 listing the SB 785 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Walker. On passage of bill the vote was: Ayes, 27; Summary list recorded in Journal and Status Report attending legislative business, 3 – Hannon, Messerle, by order of the President. Starr, C. Bill passed.

SB 313 -- Report by Committee on Revenue SB 820 A-Eng. -- Read third time. Carried by recommending passage with amendments. Nelson. Call of the Senate demanded by Beyer, joined by Nelson and Minnis. All members present except SB 419 -- Report by Committee on Business and Hannon, Starr, C., excused. On passage of bill the Labor recommending passage with amendments. vote was: Ayes, 19; nays, 9 – Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Gordly, Shields; attending legislative business, 2 – Hannon, Starr, C. SB 752 -- Report by Committee on Judiciary Bill passed. recommending passage with amendments and requesting subsequent referral to Committee on Ways and Means be rescinded. Subsequent referral SB 893 A-Eng. -- Read third time. Carried by rescinded by order of the President in agreement with Metsger. On passage of bill the vote was: Ayes, 26; the President Pro Tempore. excused, 1 – Clarno; attending legislative business, 3 – Hannon, Ringo, Starr, C. Bill passed. SB 867 -- Report by Committee on General Government recommending passage with HB 2342, 2490, 2590, 2592, 3126, 3344, 3349, amendments and requesting subsequent referral to 3400, 3459, 3520, 3579 -- Read first time and referred Committee on Ways and Means be rescinded. Request to President’s desk. denied by order of the President in agreement with the President Pro Tempore. HB 2064, 2191, 2213, 2379, 3068, 3194 -- Read second time and passed to third reading. SB 886 -- Report by Committee on Health Policy recommending passage with amendments and HB 2230 B-Eng. -- Read third time. Carried by requesting subsequent referral to Committee on Ways Nelson. On passage of bill the vote was: Ayes, 26; and Means be rescinded. Subsequent referral excused, 1 – Clarno; attending legislative business, 3 rescinded by order of the President in agreement with – Hannon, Ringo, Starr, C. Bill passed. the President Pro Tempore. HB 2331 -- Read third time. Carried by Walker. HB 2064 -- Report by Committee on Judiciary On passage of bill the vote was: Ayes, 25; excused, 1 – recommending passage and be placed on the Clarno; attending legislative business, 4 – Corcoran, Unanimous Consent Calendar. Hannon, Ringo, Starr, C. Bill passed.

HB 2213 -- Report by Committee on Revenue HB 2491 -- Read third time. Carried by Starr, B. recommending passage. On passage of bill the vote was: Ayes, 26; excused, 1 – Clarno; attending legislative business, 3 – Hannon, HB 3224 -- Report by Committee on Revenue Ringo, Starr, C. Bill passed. recommending passage with amendments to the A- engrossed bill. HB 3163 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 25; HCR 3 -- Taken from its place on today’s third nays, 1 – Gordly; excused, 1 – Clarno; attending reading calendar and placed on May 12 calendar by legislative business, 3 – Hannon, Ringo, Starr, C. Bill voice vote on motion of Brown. passed.

SB 542 -- Taken from its place on today’s third HCR 5 -- Read final time. Carried by Metsger. reading calendar and placed on May 12 calendar by On adoption of resolution, the vote was: Ayes, 24; voice vote on motion of Morrisette. nays, 1 – Corcoran; excused, 2 – Beyer, Clarno; attending legislative business, 3 – Hannon, Ringo, Starr, C. Resolution adopted. SB 3 -- Introduced, read first time and referred to President’s desk. HJM 5 -- Read final time. Carried by Deckert. On adoption of the memorial, the vote was: Ayes, 25; nays, 1 – Schrader; excused, 1 – Clarno; attending

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legislative business, 3 – Hannon, Ringo, Starr, C. The following measures were referred to Memorial adopted. committee on May 9 and recorded on Committee Referral List No. 48 which was distributed to HB 2019 -- Read third time. Taken from its place members. Referral list recorded in the Journal and on today’s third reading calendar and placed on May Status Report by order of the President. 12 calendar by voice vote on motion of Walker. HB 2094 Judiciary HB 2059 B-Eng. -- Read third time. Carried by HB 2378 Rules Minnis. On passage of bill the vote was: Ayes, 26; HB 2447 Business and Labor excused, 1 – Clarno; attending legislative business, 3 HB 2574 Agriculture and Natural Resources – Hannon, Ringo, Starr, C. Bill passed. HB 2607 Water and Land Use HB 2646 Judiciary HB 2761 B-Eng. -- Read third time. Carried by HB 2647 Judiciary; Ways and Means Minnis. On passage of bill the vote was: Ayes, 25; HB 2696 Judiciary; Ways and Means nays, 1 – Schrader; excused, 1 – Clarno; attending HB 2706 Judiciary legislative business, 3 – Hannon, Ringo, Starr, C. Bill passed. HB 2737 Business and Labor HB 2739 General Government; Ways and Means HB 3062 -- Read third time. Carried by Starr, B. HB 2754 Agriculture and Natural Resources On passage of bill the vote was: Ayes, 26; excused, 1 – HB 2768 Judiciary Clarno; attending legislative business, 3 – Hannon, HB 2824 Business and Labor Ringo, Starr, C. Bill passed. HB 2860 Water and Land Use; Ways and Means HB 2865 Judiciary HB 2030 A-Eng. -- Read third time. Carried by HB 2893 General Government Corcoran. On passage of bill the vote was: Ayes, 25; HB 2894 Education excused, 2 – Brown, Clarno; attending legislative HB 2898 Water and Land Use; Ways and Means business, 3 – Hannon, Ringo, Starr, C. Bill passed. HB 2999 Revenue HB 3013 Agriculture and Natural Resources HB 2150 A-Eng. -- Read third time. Carried by HB 3021 Business and Labor Minnis. On passage of bill the vote was: Ayes, 23; HB 3093 Judiciary nays, 1 – Schrader; excused, 2 – Brown, Clarno; HB 3156 Human Resources attending legislative business, 4 – George, Hannon, HB 3170Agriculture and Natural Resources; Ways and Ringo, Starr, C. Bill passed. Means HB 3259 Judiciary HB 2258 -- Read third time. Carried by Beyer. HB 3304 Rules Potential conflict of interest declared by Beyer. On passage of bill the vote was: Ayes, 24; excused, 2 – HB 3315 Water and Land Use; Ways and Means Brown, Clarno; attending legislative business, 4 – HB 3330 Judiciary George, Hannon, Ringo, Starr, C. Bill passed. HB 3346 Judiciary HB 3376 Agriculture and Natural Resources HB 2625 -- Read third time. Carried by Ferrioli. HB 3431 Health Policy On passage of bill the vote was: Ayes, 22; excused, 3 – HB 3458 Business and Labor Brown, Clarno, Morse; attending legislative business, HB 3539 Judiciary 5 – George, Hannon, Metsger, Ringo, Starr, C. Bill HB 3561 Water and Land Use; Ways and Means passed. HB 2003, 2340 -- President Courtney signed on HB 3261 -- Read third time under Unanimous May 9. Consent Calendar. Carried by Ferrioli. On passage of bill the vote was: Ayes, 21; nays, 1 – Schrader; Senate adjourned until 10:30 a.m. Monday by excused, 3 – Brown, Clarno, Morse; attending unanimous consent at the request of the Chair. legislative business, 5 – George, Hannon, Metsger, Ringo, Starr, C. Bill passed. Monday, May 12, 2003 -- Morning Session HB 2057 -- Read third time. Taken from its place on today’s Unanimous Consent Calendar and placed Senate convened at 10:30 a.m. Starr, C. in Chair. on May 12 calendar by unanimous consent at the The following members were present: Atkinson, request of the chair. Beyer, Brown, Burdick, Carter Clarno, Corcoran, Deckert, Devlin, Ferrioli, Dukes, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis HB 2190 -- Read third time under Unanimous Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Consent Calendar. Carried by Corcoran. On passage Starr, B., Walker, Winters, President Courtney. of bill the vote was: Ayes, 21; nays, 1 – Schrader; Colors were posted and the Senate pledged allegiance excused, 3 – Brown, Clarno, Morse; attending to the flag. Invocation by Reverend Mary Midkiff of legislative business, 5 – George, Hannon, Metsger, the Woodland Chapel, Salem. Ringo, Starr, C. Bill passed. SENATE JOURNAL SJ-127

SB 9 -- Message from the Governor announcing of the Chair. All present. Senate reassembled. On he signed on May 9. passage of bill the vote was: Ayes, 19; nays, 11 – Beyer, Clarno, Dukes, Fisher, George, Harper, SB 162, 163, 164, 478; HB 2066, 2138, 2166, Minnis, Morse, Nelson, Schrader, Starr, B. Bill 2209, 2246, 2381, 2688, 2756, 2986, 2987, 3015, 3020, passed. 3051, 3215, 3217, 3250, 3296, 3300, 3460, 3544, 3602 -- Message from the House announcing passage. HB 2066, 2138, 2166, 2209, 2246, 2381, 2688, 2756, 2986, 2987, 3015, 3020, 3051, 3215, 3217, 3250, SCR 5 -- Message from the House announcing adoption. 3296, 3300, 3460, 3544, 3602 -- Read first time and referred to President’s desk. HB 2003, 2340 -- Message from the House announcing concurrence in Senate amendments and HB 3224, 3339 -- Read second time and passed to repassage. third reading.

Committee Report Summary No. 78 listing the HCR 3 A-Eng. -- Read final time. Carried by following reports was distributed to members today. Hannon. On adoption of resolution, the vote was: Summary list recorded in Journal and Status Report Ayes, 27; attending legislative business, 3 – Burdick, by order of the President. Carter, Clarno. Resolution adopted.

SB 27 -- Report by Committee on Judiciary HB 2019 -- Taken from its place on today’s third recommending passage with amendments. reading calendar and placed on May 13 calendar by voice vote on motion of Walker. SB 678 -- Report by Committee on Rules recommending passage. HB 2191 B-Eng. -- Read third time. Carried by SB 706 -- Report by Committee on Rules Walker. On passage of bill the vote was: Ayes, 25; recommending passage with amendments. nays, 2 – Atkinson, George; attending legislative business, 3 – Burdick, Carter, Clarno. Bill passed. SB 708 -- Report by Committee on Health Policy recommending passage with amendments. HB 2213 -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 18; nays, 10 – SB 709 -- Report by Committee on Health Policy Beyer, Burdick, Dukes, Ferrioli, Fisher, George, recommending passage with amendments. Gordly, Hannon, Ringo, Shields; attending legislative business, 2 – Carter, Clarno. Bill passed. HB 3339 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. HB 2057, 3068, 3194 -- Carried over to May 13 calendar by unanimous consent at the request of the SB 225 A-Eng. -- Deckert moved that the Senate Chair. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 30. Senate adjourned until 10:30 a.m. Tuesday by Bill repassed. unanimous consent at the request of the Chair. HB 2379 -- Taken from today’s calendar and rereferred to Committee on Revenue by voice vote on Tuesday, May 13, 2003 -- Morning Session motion of Corcoran.

SB 313, 419, 678, 752, 886 -- Read second time Senate convened at 10:30 a.m. President and passed to third reading. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter Clarno, Corcoran, Deckert, Devlin, Ferrioli, Dukes, SJR 13 A-Eng. -- Read final time. Carried by Fisher, George, Gordly, Hannon, Harper, Messerle, Hannon. Call of the Senate demanded by Hannon Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, joined by George and Corcoran. All present. On Schrader, Shields, Starr, B., Starr, C., Walker, adoption of resolution, the vote was: Ayes, 30. Winters. Colors were posted and the Senate pledged Resolution adopted. allegiance to the flag. Invocation by Larry Knox, Valley Harvest Church, Hillsboro. SB 7 A-Eng. -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 29; SB 248; HB 2167, 2304, 2431, 2459, 2468, 2473, attending legislative business, 1 – Carter. Bill 2606, 2817, 2825, 2828, 2909, 2983, 3006, 3069, 3120, passed. 3136, 3193, 3220, 3389, 3622 -- Message from the House announcing passage. SB 542 -- Read third time. Carried by Morrisette. Call of the Senate demanded by HCR 9 -- Message from the House announcing Morrisette joined by Brown and Atkinson. All present adoption. except Carter, Clarno, Corcoran, attending legislative business. Pending arrival of members subject to the SB 291 -- Message from the House announcing Call, Senate at ease. Further proceedings under the passage as amended by the House. Call terminated by unanimous consent at the request

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HJM 3; HJR 16, 48; HB 2054, 2061, 2075, 2135, Corcoran and Gordly. All present. On passage of bill 2226, 2269, 2274, 2305, 2306, 2307, 2309, 2343, 2374, the vote was: Ayes, 28; nays, 2 – Beyer, George. Bill 2393, 2401, 2456, 2475, 2526, 2533, 2650, 2676, 2799, passed. 2997, 3001, 3026 -- Message from the House announcing the Speaker signed on May 12. SB 752 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 30. Committee Report Summary No. 79 listing the Bill passed. following reports was distributed to members May 12. Summary list recorded in Journal and Status Report SB 886 A-Eng. -- Read third time. Carried by by order of the President. Shields. On passage of bill the vote was: Ayes, 29; nays, 1 – Corcoran. Bill passed. HB 2186 -- Report by Committee on Ways and Means recommending passage with amendments to HCR 9; HB 2167, 2304, 2431, 2459, 2468, 2473, the A-engrossed bill. 2606, 2817, 2825, 2828, 2909, 2983, 3006, 3069, 3120, 3136, 3193, 3220, 3389, 3622 -- Read first time and Committee Report Summary No. 80 listing the referred to President’s desk. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2186 -- Read second time and passed to third by order of the President. reading.

SB 5549 -- Report by Committee on Ways and HB 3068 B-Eng. -- Read third time. Carried by Means recommending passage with amendments. Corcoran. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Dukes. Bill SB 347 -- Report by Committee on General passed. Government without recommendation as to passage and requesting referral to Committee on Ways and HB 3194 A-Eng. -- Read third time. Carried by Means. Referred to Committee on Ways and Means Walker. On passage of bill the vote was: Ayes, 28; by order of the President in agreement with the absent, 1 – Corcoran; attending legislative business, 1 President Pro Tempore. – Dukes. Bill passed.

SB 466 -- Report by Committee on Judiciary HB 2019 -- Bill read. Taken from today’s third recommending passage with amendments. reading calendar and rereferred to Committee on Business and Labor by voice vote on motion of SB 743 -- Report by Committee on Judiciary Walker. recommending passage with amendments and requesting referral to Committee on Ways and HB 3224 B-Eng. -- Read third time. Carried by Means. Referred to Committee on Ways and Means Ringo. On passage of bill the vote was: Ayes, 27; by order of the President in agreement with the nays, 2 – Hannon, Schrader; attending legislative President Pro Tempore. business, 1 – Dukes. Bill passed.

HB 2238 -- Report by Judiciary recommending HB 3339 A-Eng. -- Read third time. Carried by passage with amendments to the A-engrossed bill. Burdick. On passage of bill the vote was: Ayes, 28; nays, 1 – Nelson; attending legislative business, 1 – SB 181 B-Eng. -- Metsger moved that the Senate Dukes. Bill passed. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 26; HB 2057 -- Bill read under Unanimous Consent nays, 1 – Schrader; absent, 1 – Carter; attending Calendar. Carried by Ringo. On passage of bill the legislative business, 2 – Starr, B., Walker. Bill vote was: Ayes, 27; nays, 2 – Hannon, Schrader; repassed. attending legislative business, 1 – Dukes. Bill passed.

SB 4 -- Introduced, read first time and referred Senate adjourned until 10:30 a.m. Wednesday by to President’s desk. unanimous consent at the request of the Chair. SB 27, 706, 708, 709 -- Read second time and passed to third reading. Wednesday, May 14, 2003 -- Morning Session

SB 313 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 18; Senate convened at 10:30 a.m. President nays, 10 – Beyer, Clarno, Ferrioli, Fisher, George, Courtney in Chair. The following members were Hannon, Harper, Messerle, Starr, C., Winters; present: Atkinson, Beyer, Brown, Burdick, Carter, attending legislative business, 2 – Starr, B., Walker. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Bill passed. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker; SB 419 A-Eng. -- Read third time. Carried by attending legislative business -- Winters. Colors were Harper. Potential conflict of interest declared by posted and the Senate pledged allegiance to the flag. Harper. On passage of bill the vote was: Ayes, 28; Invocation by Pastor Scott Harkness of the First nays, 2 – George, Hannon. Bill passed. United Methodist Church, Salem. SB 678 -- Read third time. Carried by Devlin. Call of the Senate demanded by Devlin joined by SENATE JOURNAL SJ-129

SB 130, 157, 211, 212, 221, 238, 388; HB 2118, HCR 8; HB 2118, 2299, 3519 -- Read first time 2299, 3519 -- Message from the House announcing and referred to President’s desk. passage. HB 2063, 2207, 2238, 2449, 2664 -- Read second SCR 3, 4; SJM 3, SJM 5; HCR 8 -- Message from time and passed to third reading. the House announcing adoption. HB 2186 B-Eng. -- Read third time. Carried by HB 2030, 2059, 2761 -- Message from the House Deckert. Harper declared a potential conflict of announcing concurrence in Senate amendments and interest. Call of the Senate demanded by Brown repassage. joined by Carter and Walker. All members present except Winters, attending legislative business. On Committee Report Summary No. 81 listing the passage of bill the vote was: Ayes, 17; nays, 12 – following reports was distributed to members today. Atkinson, Beyer, Clarno, Ferrioli, Fisher, George, Summary list recorded in Journal and Status Report by order of the President. Harper, Messerle, Minnis, Morse, Nelson, Starr, C.; attending legislative business, 1 – Winters. Bill passed. SB 301 -- Report by Committee on Judiciary recommending passage with amendments. Referred to Committee on Ways and Means by order of the HB 2064 -- Read third time under Unanimous President in agreement with the President Pro Consent Calendar. Carried by Walker. On passage of Tempore. bill the vote was: Ayes, 28; nays, 1 – Schrader; attending legislative business, 1 – Winters. Bill passed. SB 421 -- Report by Committee on Judiciary recommending passage with amendments. Referred to Committee on Ways and Means by order of the The following measures were referred to President in agreement with the President Pro committee on May 13 and recorded on Committee Tempore. Referral List No. 49 which was distributed to members. Referral list recorded in the Journal and Status Report by order of the President. SB 621 -- Report by Committee on Judiciary recommending passage with amendments. SB 3 Business and Labor HB 2066 Judiciary SB 801 -- Report by Committee on Judiciary recommending passage with amendments. HB 2120 Human Resources; Ways and Means HB 2138 Agriculture and Natural Resources HB 2063 -- Report by Committee on Judiciary HB 2166 Revenue recommending passage of the A-engrossed bill. HB 2209 Ways and Means HB 2246 General Government HB 2207 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. HB 2342 Judiciary HB 2381 Judiciary HB 2449 -- Report by Committee on Judiciary HB 2490 Judiciary recommending passage. HB 2575 Rules HB 2590 Judiciary HB 2664 -- Report by Committee on Revenue recommending passage of the A-engrossed bill. HB 2592 Judiciary HB 2688 Water and Land Use SB 5549; 466 -- Read second time and passed to HB 2756 Judiciary third reading. HB 2887 Agriculture and Natural Resources HB 2986 Judiciary SB 27 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 25; HB 2987 Health Policy; Ways and Means nays, 4 – Atkinson, Clarno, Minnis, Nelson; attending HB 3015 Judiciary legislative business, 1 – Winters. Bill passed. HB 3017 Water and Land Use; Ways and Means HB 3020 General Government SB 706 A-Eng. -- Read third time. Carried by Atkinson. On passage of bill vote was: Ayes, 27; nays, HB 3051 Revenue 2 – Beyer, George; attending legislative business, 1 – HB 3126 Agriculture and Natural Resources Winters. Bill passed. HB 3215 Water and Land Use HB 3217 Water and Land Use SB 708 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; HB 3247 Water and Land Use; Ways and Means nays, 3 – George, Hannon, Schrader; attending HB 3250 Judiciary legislative business, 1 – Winters. Bill passed. HB 3296 Judiciary HB 3300 Business and Labor SB 709 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 26; HB 3344 Judiciary nays, 2 – George, Hannon; attending legislative HB 3349 Judiciary business, 2 – Clarno, Winters. Bill passed. HB 3354 Water and Land Use HB 3380 General Government

SJ-130 SENATE JOURNAL

HB 3400 Business and Labor HB 2101 -- Report by Committee on Judiciary recommending passage with amendments. HB 3459 Water and Land Use HB 3460 Business and Labor HB 2111 -- Report by Committee on Judiciary HB 3462 Agriculture and Natural Resources; Ways and recommending passage of the A-engrossed bill. Means HB 3520 Judiciary HB 2177 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 3544 Judiciary engrossed bill. HB 3548 Transportation and Economic Development HB 3579 Transportation and Economic Development; Ways HB 2298 -- Report by Committee on Revenue and Means recommending passage of the A-engrossed bill. HB 3602 Business and Labor HB 2380 -- Report by Committee on Revenue HB 3606 Rules; Ways and Means recommending passage. SB 403, 404, 648; HJM 3; HJR 16, 48; HB 2054, 2061, 2075, 2135, 2226, 2269, 2274, 2305, 2306, 2307, SB 621, 801 -- Read second time and passed to 2309, 2343, 2374, 2393, 2401, 2456, 2475, 2526, 2533, third reading. 2650, 2676, 2799, 2997, 3001, 3026 -- President Courtney signed on May 14. SB 5549 A-Eng. -- Read third time. Carried by Carter. On passage of bill the vote was: Ayes, 24; Senate adjourned until 10:30 a.m. Thursday by nays, 1 – Corcoran; excused, 3 – Deckert, George, unanimous consent at the request of the Chair. Schrader; attending legislative business, 2 – Gordly,

Winters. Bill passed.

Thursday, May 15, 2003 -- Morning Session SB 466 -- Read third time. Rereferred to Committee on Judiciary by voice vote on motion of Walker. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were HB 2165, 2638, 3047, 3058, 3338 -- Read first present: Atkinson, Beyer, Brown, Burdick, Carter, time and referred to President’s desk. Clarno, Corcoran, Devlin, Dukes, Fisher, Gordly, Hannon, Messerle, Metsger, Minnis, Morse, Nelson, Ringo, Starr, B., Starr, C., Walker; absent -- Deckert, HB 2034, 2111, 2298, 2380 -- Read second time Ferrioli, Harper, Morrisette, Shields; excused -- and passed to third reading. George, Schrader; attending legislative business -- Winters. Colors were posted and the Senate pledged HB 2063 A-Eng. -- Read third time. Carried by allegiance to the flag. Invocation by Reverend John Walker. On passage of bill the vote was: Ayes, 26; Dennis of First Corvallis Presbyterian Church, excused, 2 – George, Schrader; attending legislative Corvallis. business, 2 – Gordly, Winters. Bill passed.

SB 13, 80, 158, 234, 243, 244, 310, 328, 374, 514, HB 2207 A-Eng. -- Read third time. Carried by 554, 584, 606, 667, 795, 832; HB 2165, 2638, 3047, Starr C. On passage of bill the vote was: Ayes, 25; 3058, 3338 -- Message from the House announcing excused, 2 – George, Schrader; attending legislative passage. business, 3 – Carter, Gordly, Winters. Bill passed.

SB 525 -- Message from the House announcing HB 2238 B-Eng. -- Read third time. Carried by passage as amended by the House. Ferrioli. On passage of bill the vote was: Ayes, 26; excused, 2 – George, Schrader; attending legislative HB 2230 -- Message from the House announcing business, 2 – Carter, Winters. Bill passed. refusal to concur in Senate amendments. Conferees to be announced. HB 2449 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 25; nays, 1 – Committee Report Summary No. 82 listing the Hannon; excused, 2 – George, Schrader; attending following reports was distributed to members today. legislative business, 2 – Carter, Winters. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 2664 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; SB 52 -- Report by Committee on Judiciary excused, 2 – George, Schrader; attending legislative recommending passage with amendments. business, 2 – Carter, Winters. Bill passed.

SB 103 -- Report by Committee on Judiciary Senate adjourned until 10:30 a.m. Friday by recommending passage with amendments to the A- unanimous consent at the request of the Chair. engrossed bill.

SB 808 -- Report by Committee on Judiciary Friday, May 16, 2003 -- Morning Session recommending passage with amendments. Senate convened at 10:30 a.m. Ringo in Chair. HB 2034 -- Report by Committee on Judiciary The following members were present: Atkinson, recommending passage of the A-engrossed bill. Beyer, Brown, Burdick, Carter, Clarno, Corcoran, SENATE JOURNAL SJ-131

Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Shields, Starr, B., Starr, May 16, 2003 C., Walker, President Courtney; excused -- Schrader; TO THE HONORABLE PRESIDENT OF THE SENATE attending legislative business -- Winters. Colors were posted and the Senate pledged allegiance to the flag. OF THE 72nd LEGISLATIVE ASSEMBLY Invocation by Reverend Margaret Golden of the ORS 701.205 provides that the Governor shall appoint the Dundee and McCabe United Methodist Churches. members of the Construction Contractors Board, subject to Senate confirmation, in the manner provided by ORS Courtesies of the Senate were extended to former 171.562 and ORS 171.565. State Representative Tim Josi at the request of Dukes. I appoint Sandra Trainor of Tualatin to the Construction Contractors Board for an unexpired four-year term, as provided by statute, beginning June 1, 2003 and ending on The following messages from the Governor were June 30, 2004, effective upon Senate confirmation. read and referred to the Committee on Rules. This appointment is submitted for your consideration. May 16, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 660.110 provides that the Governor shall appoint the May 16, 2003 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 72nd LEGISLATIVE ASSEMBLY I appoint Michael McFall of Canby to the State Apprenticeship and Training Council for a four-year term, ORS 327.500 provides that the Governor shall appoint the as provided by statute, beginning June 1, 2003 and ending members of the Quality Education Commission, subject to on May 31, 2007, 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 Yvonne Curtis of Terrebonne, to the Quality Sincerely, Education Commission for a four-year term, as provided by Ted Kulongoski statute, beginning July 31, 2003 and ending on August 1, Governor 2007, effective upon Senate confirmation.

This appointment is submitted for your consideration. May 16, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 684.130 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Chiropractic 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 72nd LEGISLATIVE ASSEMBLY I appoint Minga Guerrero of Portland to the State Board of Chiropractic Examiners for a three-year term as provided ORS 327.500 provides that the Governor shall appoint the by statute, beginning June 1, 2003 and ending on May 31, members of the Quality Education Commission, subject to 2006, 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 Lynn Lundquist of Beaverton to the Quality Sincerely, Education Commission for a partial four-year term, as Ted Kulongoski provided by statute, beginning June 1, 2003 and ending on Governor August 1, 2004, effective upon Senate confirmation.

This appointment is submitted for your consideration. May 16, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 701.205 provides that the Governor shall appoint the May 16, 2003 members of the Construction Contractors Board, 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 72nd LEGISLATIVE ASSEMBLY I reappoint Walt Gamble of West Linn to the Construction Contractors Board for a four-year term as provided by ORS 327.500 provides that the Governor shall appoint the statute, beginning July 1, 2003 and ending on June 30, members of the Quality Education Commission, subject to 2007, 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 Ozzie Rose of Salem to the Quality Education Sincerely, Commission for a partial four-year term, as provided by Ted Kulongoski statute, beginning June 1, 2003 and ending on August 1, Governor 2006, effective upon Senate confirmation.

SJ-132 SENATE JOURNAL

This appointment is submitted for your consideration. I appoint Nikki Squire of Bend to the State Board of Education for a four-year term, as provided by statute, Sincerely, beginning July 1, 2003 and ending on June 30, 2007, Ted Kulongoski Governor effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 327.500 provides that the Governor shall appoint the May 16, 2003 members of the Quality Education Commission, 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 72nd LEGISLATIVE ASSEMBLY I reappoint Keith Thomson of Portland to the Quality ORS 240.060 provides that the Governor shall appoint the Education Commission for a four-year term, as provided by members of the Employment Relations Board, subject to statute, beginning July 30, 2002 and ending on August 1, Senate confirmation, in the manner provided by ORS 2006, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Paul Gamson of Portland to the Employment Relations Board for an unexpired four-year term, as Sincerely, provided by statute, beginning July 1, 2003 and ending on Ted Kulongoski Governor June 30, 2004, effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 326.021 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY I appoint Jerry Berger of Salem to the State Board of ORS 496.090 provides that the Governor shall appoint the Education for a four-year term, as provided by statute, members of the State Fish and Wildlife Commission, beginning July 1, 2003 and ending on June 30, 2007, subject to Senate confirmation, in the manner provided by effective upon Senate confirmation. ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Don Denman of Medford to the State Fish and Wildlife Commission for a four-year term, as provided by Sincerely, statute, beginning August 1, 2001 and ending on July 31, Ted Kulongoski Governor 2005, effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 326.021 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY I reappoint Steve Bogart of Vale to the State Board of ORS 496.090 provides that the Governor shall appoint the Education for a four-year term, as provided by statute, members of the State Fish and Wildlife Commission, beginning July 1, 2003 and ending on June 30, 2007, subject to Senate confirmation, in the manner provided by effective upon Senate confirmation. ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Carter Kerns of Pendleton to the State Fish and Wildlife Commission for a four-year term, as provided by Sincerely, statute, beginning June 1, 2003 and ending on May 31, Ted Kulongoski Governor 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 326.021 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Education, subject to Senate confirmation, in the manner provided by ORS 171.562 and TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY SENATE JOURNAL SJ-133

ORS 351.020 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Higher Education, 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 72nd LEGISLATIVE ASSEMBLY I appoint Bridget Burns of Corvallis to the State Board of ORS 677.235 provides that the Governor shall appoint the Higher Education for a two-year term, as provided by members of the Board of Medical Examiners, subject to statute, beginning July 1, 2003 and ending on June 30, Senate confirmation, in the manner provided by ORS 2005, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Suresht Bald of Salem to the Board of Medical Examiners for a three-year term, as provided by statute, Sincerely, beginning March 1, 2003 and ending on February 28, 2006, Ted Kulongoski Governor effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 351.020 provides that the Governor shall appoint the May 16, 2003 members of the State Board of Higher Education, 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 72nd LEGISLATIVE ASSEMBLY I appoint Rachel Pilliod of Eugene to the State Board of ORS 390.114 provides that the Governor shall appoint the Higher Education for a two-year term, as provided by members of the State Parks and Recreation Commission, statute, beginning July 1, 2003 and ending on June 30, subject to Senate confirmation, in the manner provided by 2005, effective upon Senate confirmation. ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint David Kottkamp of Bend to the State Parks and Recreation Commission for an unexpired four-year term, as Sincerely, provided by statute, beginning June 1, 2003 and ending on Ted Kulongoski Governor November 16, 2004, effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 471.705 provides that the Governor shall appoint the May 16, 2003 members of the Oregon Liquor Control Commission, 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 72nd LEGISLATIVE ASSEMBLY I reappoint Phil Lang of Portland to the Oregon Liquor ORS 688.160 provides that the Governor shall appoint the Control Commission for a four-year term, as provided by members of the Physical Therapist Licensing Board, subject statute, beginning April 1, 2002 and ending on March 31, to Senate confirmation, in the manner provided by ORS 2006, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Joana Freedman of Portland to the Physical Therapist Licensing Board for a four-year term, as provided Sincerely, by statute, beginning May 1, 2003 and ending on June 30, Ted Kulongoski Governor 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. May 16, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 471.705 provides that the Governor shall appoint the May 16, 2003 members of the Oregon Liquor Control Commission, 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 72nd LEGISLATIVE ASSEMBLY I appoint Robert Rice of Portland to the Oregon Liquor ORS 688.160 provides that the Governor shall appoint the Control Commission for a four-year term, as provided by members of the Physical Therapist Licensing Board, subject statute, beginning June 1, 2003 and ending on March 31, to Senate confirmation, in the manner provided by ORS 2007, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Jerry Nickell of Baker City to the Physical Therapist Licensing Board for a four-year term, as provided Sincerely, by statute, beginning March 1, 2003 and ending on Ted Kulongoski Governor February 28, 2007, effective upon Senate confirmation. This appointment is submitted for your consideration.

SJ-134 SENATE JOURNAL

Sincerely, HB 2209 -- Report by Committee on Ways and Ted Kulongoski Means recommending passage. Governor

HB 2233 -- Report by Committee on Business May 16, 2003 and Labor recommending passage of the A-engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HB 2999 -- Report by Committee on Revenue ORS 673.725 provides that the Governor shall appoint the recommending passage of the A-engrossed bill. members of the State Board of Tax Practitioners, subject to Senate confirmation, in the manner provided by ORS HB 3145 -- Report by Committee on Business 171.562 and ORS 171.565. and Labor recommending passage of the A-engrossed bill. I appoint Merry VanAtta of Lebanon to the State Board of Tax Practitioners for a three-year term, as provided by statute, beginning June 1, 2003 and ending on May 31, HB 3218 -- Report by Committee on Business 2006, effective upon Senate confirmation. and Labor recommending passage of the A-engrossed bill. This appointment is submitted for your consideration. Sincerely, HB 3316 -- Report by Committee on Business Ted Kulongoski and Labor recommending passage. Governor SB 5 -- Introduced, read first time and referred May 16, 2003 to President’s desk. TO THE HONORABLE PRESIDENT OF THE SENATE SB 52, 103, 808 -- Read second time and passed OF THE 72nd LEGISLATIVE ASSEMBLY to third reading. ORS 675.725 provides that the Governor shall appoint the members of the State Board of Tax Practitioners, subject to SB 621 A-Eng. -- Read third time. Carried by Senate confirmation, in the manner provided by ORS Brown. On passage of bill the vote was: Ayes, 27; 171.562 and ORS 171.565. nays, 1 – Corcoran; excused, 1 – Schrader; attending legislative business, 1 – Winters. Bill passed. I reappoint Gerald Zielinski of Salem to the State Board of Tax Practitioners for a three-year term, as provided by SB 801 A-Eng. -- Read third time. Carried by statute, beginning March 4, 2003 and ending on March 2, Brown. On passage of bill the vote was: Ayes, 27; 2006, effective upon Senate confirmation. nays, 1 – Gordly; excused, 1 – Schrader; attending This appointment is submitted for your consideration. legislative business, 1 – Winters. Bill passed. Sincerely, SB 801 -- Gordly requested the following Ted Kulongoski Governor explanation of vote be entered into the journal:

“I am concerned about the provision in the bill that SB 137, 223, 226, 327; HB 2251 -- Message from provides that parties are not subject to punitive contempt the House announcing passage. proceedings or criminal prosecution for violation of the orders. SB 226 -- Message from the House announcing I have an additional concern in that the bill states passage as amended by the House. that punitive sanctions may not be sought under the measure. Of great concern is the deletion of the portion of HB 3068, 3194, 3224 -- Message from the House bill that restrained parties from changing a minor’s address announcing concurrence in Senate amendments and or schedule, or from hiding the child or interfering with repassage. parenting time with the child.” HB 2251 -- Read first time and referred to Committee Report Summary No. 83 listing the President’s desk. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2101, 2103, 2177, 2206, 2209, 2233, 2999, by order of the President. 3145, 3218, 3316 -- Read second time and passed to third reading. SB 302 -- Report by Committee on Judiciary recommending passage with amendments and HB 2034 A-Eng. -- Read third time. Carried by requesting referral to Committee on Ways and Starr, C. On passage of bill the vote was: Ayes, 26; Means. Referred to Committee on Ways and Means excused, 1 – Schrader; attending legislative business, by order of the President in agreement with the 3 – Brown, Starr, B., Winters. Bill passed. (President President Pro Tempore. Courtney in Chair)

HB 2103 -- Report by Committee on Business HB 2111 A-Eng. -- Read third time. Carried by and Labor recommending passage of the A-engrossed Ringo. On passage of bill the vote was: Ayes, 26; bill. excused, 1 – Schrader; attending legislative business, 3 – Brown, Starr, B., Winters. Bill passed. HB 2206 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. SENATE JOURNAL SJ-135

HB 2298 -- Read third time. Taken from its place SB 82, 191 -- Message from the House on today’s third reading calendar and placed on May announcing passage as amended by the House. 19 calendar by voice vote on motion of Ferrioli. SB 403, 404, 648; HJR 41; HB 2115, 2314, 2338, HB 2380 -- Read third time. Carried by Carter. 2542, 2573, 2623, 2642, 2645, 2674, 2784, 2853, 3014, On passage of bill the vote was: Ayes, 26; excused, 1 – 3123, 3151, 3375, 3581 -- Message from the House Schrader; attending legislative business, 3 – Brown, announcing the Speaker signed on May 16. Starr, B., Winters. Bill passed. Committee Report Summary No. 84 listing the The following measures were referred to following reports was distributed to members today. committee on May 15 and recorded on Committee Summary list recorded in Journal and Status Report Referral List No. 50 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 415 -- Report by Committee on Revenue HCR 8 Rules recommending passage with amendments. HCR 9 Rules HB 2118 Judiciary SB 826 -- Report by Committee on Business and HB 2167 General Government; Ways and Means Labor recommending passage. Referred to Committee on Ways and Means by prior reference. HB 2299 Revenue HB 2304 General Government HB 2069 -- Report by Committee on Judiciary HB 2431 Water and Land Use recommending passage. HB 2459 Agriculture and Natural Resources HB 2468 Agriculture and Natural Resources; Ways and HB 2114 -- Report by Judiciary recommending Means passage with amendments to the A-engrossed bill. HB 2473 Agriculture and Natural Resources; Ways and Means HB 2324 -- Report by Committee on Human Resources recommending passage. HB 2606 Agriculture and Natural Resources HB 2825 Rules; Ways and Means HB 2410 -- Report by Committee on Human HB 2909 Water and Land Use; Ways and Means Resources recommending passage of the A-engrossed HB 2983 Water and Land Use; Ways and Means bill. HB 3006 Water and Land Use; Ways and Means HB 3069 Business and Labor HB 2631 -- Report by Committee on Human HB 3136 General Government Resources recommending passage with amendments to the A-engrossed bill. HB 3193 Judiciary HB 3220 Water and Land Use HB 2717 -- Report by Committee on Business HB 3389 Judiciary and Labor recommending passage with amendments HB 3519 Water and Land Use to the A-engrossed bill. HB 3622 Business and Labor HB 2729 -- Report by Committee on Judiciary HB 2240, 3063 -- President Courtney signed on recommending passage of the A-engrossed bill. May 16. HB 2732 -- Report by Committee on Judiciary Senate adjourned until 10:30 a.m. Monday by unanimous consent at the request of the Chair. recommending passage. HB 2821 -- Report by Committee on Judiciary Monday, May 19, 2003 -- Morning Session recommending passage with amendments to the A- engrossed bill. Senate convened at 10:30 a.m. President Courtney in Chair. The following members were HB 2866 -- Report by Committee on Judiciary present: Atkinson, Beyer, Clarno, Dukes, Ferrioli, recommending passage. Fisher, George, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Shields, HB 2885 -- Report by Committee on Judiciary Starr, B., Starr, C., Winters; absent -- Burdick, recommending passage with amendments. Carter, Corcoran, Devlin, Gordly, Walker; excused -- Brown, Schrader; attending legislative business -- Deckert. Colors were posted and the Senate pledged HB 3122 -- Report by Committee on Human allegiance to the flag. Invocation by Ed Ben of the Resources recommending passage of the A-engrossed Confederated Tribes of Siletz. bill.

SB 70, 71, 72, 127, 161, 167, 241, 250, 401, 661, HB 3156 -- Report by Committee on Human 663; HB 2074, 2188, 2368, 3624, 5002 -- Message from Resources recommending passage of the A-engrossed the House announcing passage. bill.

SJ-136 SENATE JOURNAL

HB 3157 -- Report by Committee on Human HB 2298 -- Bill read. Taken from its place on Resources recommending passage with amendments today’s third reading calendar and placed on May 20 to the A-engrossed bill. calendar by voice vote on motion of Ferrioli.

HB 3184 -- Report by Committee on Revenue HB 2999 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 26; recommending passage with amendments to the A- excused, 2 – Brown, Schrader; attending legislative engrossed bill business, 2 – Deckert, Shields. Bill passed.

SB 525 B-Eng. -- Starr, C. moved that the Senate HB 3145 A-Eng. -- Read third time. Carried by concur in House amendments and repass bill. On Nelson. On passage of bill the vote was: Ayes, 24; concurrence and repassage the vote was: Ayes, 26; nays, 1 – Ringo; excused, 2 – Brown, Schrader; excused, 2 – Brown, Schrader; attending legislative attending legislative business, 3 – Clarno, Deckert, business, 2 – Corcoran, Deckert. Bill repassed. Shields. Bill passed.

SB 52 A-Eng -- Read third time. Carried by HB 3218 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 27; Walker. On passage of bill the vote was: Ayes, 24; excused, 2 – Brown, Schrader; attending legislative excused, 2 – Brown, Schrader; attending legislative business, 4 – Clarno, Deckert, Shields, Starr, B. Bill business, 1 – Deckert. Bill passed. (Hannon in Chair) passed.

SB 103 B-Eng. -- Read third time. Carried by HB 3316 -- Read third time. Carried by Beyer. Walker. On passage of bill the vote was: Ayes, 27; On passage of bill the vote was: Ayes, 23; nays, 1 – excused, 2 – Brown, Schrader; attending legislative Carter; excused, 2 – Brown, Schrader; attending business, 1 – Deckert. Bill passed. legislative business, 4 – Clarno, Deckert, Shields, Starr, B. Bill passed. SB 808 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 27; The following measures were referred to excused, 2 – Brown, Schrader; attending legislative committee on May 16 and recorded on Committee Referral List No. 51 which was distributed to business, 1 – Deckert. Bill passed. members. Referral list recorded in the Journal and Status Report by order of the President. HB 5002, 2074, 2188, 2368, 3624 -- Read first time and referred to President’s desk. State Apprenticeship and Training Council (ORS HB 2069, 2324, 2410, 2729, 2732, 2866, 3122, 660.110) 3156 -- Read second time and passed to third reading. Michael Mc Fall Rules HB 2101 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 27; State Board of Chiropractic Examiners (ORS 684.130) excused, 2 – Brown, Schrader; attending legislative Minga Guerrero Rules business, 1 – Deckert. Bill passed.

HB 2103 A-Eng. -- Read third time. Carried by Construction Contractors Board (ORS 701.205) Beyer. On passage of bill the vote was: Ayes, 27; Walt Gamble (r) Rules excused, 2 – Brown, Schrader; attending legislative Sandra Trainor Rules business, 1 – Deckert. Bill passed. State Board of Education (ORS 326.021) HB 2177 B-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 27; Jerry Berger Rules excused, 2 – Brown, Schrader; attending legislative Steve Bogart (r) Rules business, 1 – Deckert. Bill passed. Nikki Squire Rules HB 2206 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 27; Employment Relations Board (ORS 240.060) excused, 2 – Brown, Schrader; attending legislative Paul Gamson Rules business, 1 – Deckert. Bill passed. State Fish and Wildlife Commission (ORS 496.090) HB 2209 -- Read third time. Taken from its place on today’s third reading calendar and placed on Don Denman (r) Rules May 20 calendar by voice vote on motion of Dukes. Carter Kerns Rules

HB 2233 A-Eng. -- Read third time. Carried by State Board of Higher Education (ORS 351.020) Walker. On passage of bill the vote was: Ayes, 18; nays, 9 – Atkinson, Carter, Corcoran, Dukes, George, Bridget Burns Rules Gordly, Hannon, Minnis, Starr, B.; excused, 2 – Rachel Pilliod Rules Brown, Schrader; attending legislative business, 1 – Deckert. Bill passed. SENATE JOURNAL SJ-137

Board of Medical Examiners (ORS 677.235) Message from the House announcing passage as amended by the House. Suresht Bald (r) Rules HB 2238 -- Message from the House announcing Oregon Liquor Control Commission (ORS 471.705) concurrence in Senate amendments and repassage. Phil Lang (r) Rules Committee Report Summary No. 85 listing the Robert Rice Rules following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. State Parks and Recreation Commission (ORS 390.114) SB 880 -- Report by Committee on Judiciary David Kottkamp Rules recommending passage with amendments. HB 2284 -- Report by Committee on Judiciary Physical Therapist Licensing Board (ORS 688.160) recommending passage. Joana Freedman Rules Jerry Nickell (r) Rules HB 2670 -- Report by Committee on Business and Labor recommending passage with amendments to the A-engrossed bill. Quality Education Commission (ORS 327.500) Yvonne Curtis Rules HB 2765 -- Report by Committee on Business and Labor recommending passage with amendments Ozzie Rose Rules to the A-engrossed bill. Keith Thomson (r) Rules Lynn Lundquist Rules HB 2873 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. State Board of Tax Practitioners (ORS 673.725) HB 3363 -- Report by Committee on Judiciary Merry VanAtta Rules recommending passage with amendments to the A- Gerald Zielinski (r) Rules engrossed bill. HJR 41; HB 2029, 2047, 2087, 2091, 2115, 2119, SB 191 A-Eng. -- Morrisette moved that the 2159, 2161, 2210, 2215, 2219, 2222, 2245, 2252, 2262, Senate concur in House amendments and repass bill. 2277, 2314, 2333, 2338, 2339, 2398, 2429, 2439, 2454, On concurrence and repassage the vote was: Ayes, 28; 2489, 2517, 2542, 2564, 2573, 2623, 2639, 2642, 2645, excused, 1 – Brown; attending legislative business, 1 2674, 2784, 2853, 2996, 3014, 3123, 3151, 3375, 3581 – Carter. Bill repassed. -- President Courtney signed on May 19. SB 226 A-Eng. -- Deckert moved that the Senate Senate adjourned until 10:45 a.m. Tuesday by concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; unanimous consent at the request of the Chair. excused, 1 – Brown; attending legislative business, 1 – Carter. Bill repassed.

Tuesday, May 20, 2003 -- Morning Session SB 415 -- Read second time and passed to third reading. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 2011 -- Read first time and referred to present: Atkinson, Beyer, Clarno, Deckert, Dukes, President’s desk. Ferrioli, Fisher, George, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, HB 2114, 2284, 2631, 2717, 2821, 2873, 2885, Shields, Starr, B., Starr, C., Winters; absent -- 3157, 3184 -- Read second time and passed to third Burdick, Corcoran, Devlin, Gordly, Schrader; excused reading. -- Brown, Carter; attending legislative business -- Walker. Colors were posted and the Senate pledged HB 2069 -- Read third time. Carried by Starr, C. allegiance to the flag. Invocation by Bill "White On passage of bill the vote was: Ayes, 28; excused, 1 – Eagle" Wilson, Salem. Brown; attending legislative business, 1 – Carter. Bill passed. Courtesies of the Senate were extended to former Senator Neil Bryant at the request of Nelson. HB 2209 -- Taken from its place on today’s third reading calendar and placed on May 21 calendar by SB 11, 14, 17, 32, 33, 38, 39, 42, 43, 45, 67, 118, voice vote on motion of Dukes. 119, 136, 194, 199, 205, 216, 230, 255, 258, 292, 303, 306, 311, 315, 372, 390, 397, 434, 457, 487, 515, 575, HB 2298 -- Taken from its place on today’s third 588, 602, 618, 641, 692, 713, 724, 739, 764, 771, 787, reading calendar and placed on May 21 calendar by 803, 807, 822, 833, 876; HB 2011 -- Message from the voice vote on motion of Ferrioli. House announcing passage. HB 2324 -- Read third time. Carried by Fisher. SB 8, 34, 35, 37, 74, 154, 179, 185, 198, 200, 206, On passage of bill the vote was: Ayes, 27; nays, 1 – 229, 235, 245, 253, 286, 436, 711, 715, 858, 870 --

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Beyer; excused, 1 – Brown; attending legislative HB 2743 -- Report by Committee on General business, 1 – Carter. Bill passed. Government recommending passage of the A- engrossed bill. HB 2410 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 29; HB 3212 -- Report by Committee on General excused, 1 – Brown. Bill passed. Government recommending passage of the A- engrossed bill. HB 2729 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 28; excused, 1 – Brown; attending legislative business, 1 HB 3601 -- Report by Committee on Business – Starr, B. Bill passed. and Labor recommending passage with amendments to the A-engrossed bill. HB 2732 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 28; excused, 1 – SB 291 A-Eng. -- Shields moved that the Senate Brown; attending legislative business, 1 – Starr, B. refuse to concur in House amendments. Call of the Bill passed. Senate demanded by Corcoran joined by Hannon and Devlin. All present. HB 2866 -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 26; nays, 2 – Gordly, Hannon; excused, 1 – Brown; attending SB 291 A-Eng. -- On the motion to refuse to legislative business, 1 – Starr, B. Bill passed. concur, the vote was: Ayes, 27; nays, 3 – George, Hannon, Minnis. Motion carried. HB 3122 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 28; SB 6 -- Introduced, read first time and referred excused, 1 – Brown; attending legislative business, 1 to President’s desk. – Starr, B. Bill passed. Potential conflict of interest declared by Fisher. SJM 6; SB 880 -- Read second time and passed to third reading. HB 3156 A-Eng. -- Read third time. Carried by Morrisette. On passage of bill the vote was: Ayes, 26; nays, 2 – Ferrioli, Nelson; excused, 1 – Brown; SB 415 -- Read third time. Taken from its place attending legislative business, 1 – Starr, B. Bill on today’s third reading calendar and placed on May passed. 28 calendar by voice vote on motion of Ferrioli.

HB 2230 -- Nelson, Walker appointed Senate HB 2080, 3281, 3298 -- Read first time and conferees. referred to President’s desk.

Senate adjourned until 10:45 a.m. Wednesday by HB 2670, 2743, 2765, 3212, 3363 -- Read second unanimous consent at the request of the Chair. time and passed to third reading.

Wednesday, May 21, 2003 -- Morning Session HB 2114 B-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 30. Bill passed. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 2209 -- Bill read. Taken from its place on present: Atkinson, Beyer, Brown, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, George, Gordly, today’s third reading calendar and placed on May 22 Hannon, Harper, Messerle, Minnis, Morrisette, calendar by voice vote on motion of Dukes. Morse, Nelson, Ringo, Schrader, Shields, Starr, C., Walker, Winters; absent -- Burdick, Carter, Fisher, HB 2284 -- Read third time. Carried by Ringo. Metsger, Starr, B. Colors were posted and the Senate On passage of bill the vote was: Ayes, 27; nays, 3 – pledged allegiance to the flag. Invocation by Phillip Beyer, Clarno, Fisher. Bill passed. Archambault, the Cultural Director of the Native American Rehabilitation Association, Portland. HB 2298 -- Bill read. Taken from its place on SB 289, 393; HB 2080, 3281, 3298 -- Message today’s third reading calendar and placed on May 28 from the House announcing passage. calendar by voice vote on motion of Ferrioli.

HB 2186, 2191 -- Message from the House HB 2631 B-Eng. -- Read third time. Carried by announcing concurrence in Senate amendments and Starr, C. On passage of bill the vote was: Ayes, 29; repassage. nays, 1 – Hannon. Bill passed.

Committee Report Summary No. 86 listing the HB 2717 B-Eng. -- Read third time. Carried by following reports was distributed to members today. Nelson. On passage of bill the vote was: Ayes, 26; Summary list recorded in Journal and Status Report nays, 4 – Burdick, Carter, Gordly, Hannon. Bill by order of the President. passed.

SJM 6 -- Report by Committee on General HB 2821 B-Eng. -- Read third time. Carried by Government recommending adoption. Walker. On passage of bill the vote was: Ayes, 26; SENATE JOURNAL SJ-139 nays, 4 – Carter, Gordly, Hannon, Shields. Bill SB 603; HB 2617, 2900, 2901, 2967, 3329, 3385, passed. 3426, 3631 -- Message from the House announcing passage. HB 2873 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 29; SB 878 -- Message from the House announcing nays, 1 – Schrader. Bill passed. the Speaker signed on May 21.

HB 2885 A-Eng. -- Read third time. Carried by Committee Report Summary No. 87 listing the Starr, C. On passage of bill the vote was: Ayes, 30. following reports was distributed to members today. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 3157 B-Eng.-- Read third time. Carried by Starr, C. Atkinson declared a potential conflict of SB 5503 -- Report by Committee on Ways and interest. On passage of bill the vote was: Ayes, 30. Means recommending passage with amendments. Bill passed. SB 5504 -- Report by Committee on Ways and HB 3184 -- Taken from its place on today’s third Means recommending passage. reading calendar and placed on May 28 calendar by voice vote on motion of Corcoran. SB 5510 -- Report by Committee on Ways and Means recommending passage with amendments. The following measures were referred to committee on May 20 and recorded on Committee SB 5511 -- Report by Committee on Ways and Referral List No. 52 which was distributed to Means recommending passage. members. Referral list recorded in the Journal and Status Report by order of the President. SB 5520 -- Report by Committee on Ways and SB 4 Rules Means recommending passage with amendments. HB 5002 Ways and Means SB 5532 -- Report by Committee on Ways and HB 2074 Judiciary Means recommending passage with amendments. HB 2165 Human Resources HB 2188 Revenue SB 5538 -- Report by Committee on Ways and HB 2251 Human Resources Means recommending passage with amendments. HB 2368 Revenue HB 2638 Judiciary SB 5540 -- Report by Committee on Ways and HB 2817 Rules; Ways and Means Means recommending passage with amendments. HB 2828 Health Policy SB 5544 -- Report by Committee on Ways and HB 3047 Water and Land Use Means recommending passage with amendments. HB 3058 Rules HB 3120 General Government SB 456 -- Report by Committee on Education HB 3338 Judiciary recommending passage of the A-engrossed bill. HB 3624 The Oregon Health Plan; Ways and Means SB 757 -- Report by Committee on Business and SB 878 -- President Courtney signed on May 21. Labor recommending passage with amendments. Senate adjourned until 10:45 a.m. Thursday by unanimous consent at the request of the Chair. HB 5002 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill.

Thursday, May 22, 2003 -- Morning Session HB 2744 -- Report by Committee on Education recommending passage of the A-engrossed bill.

Senate convened at 10:45 a.m. President Pro HB 3557 -- Report by Committee on Education Tempore Hannon in Chair. The following members recommending passage. were present: Atkinson, Beyer, Brown, Carter, Clarno, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Harper, Messerle, Metsger, Minnis, SB 8 A-Eng. -- Corcoran moved that the Senate Morrisette, Morse, Nelson, Ringo, Starr, B., Walker, concur in House amendments and repass bill. On Winters, President Courtney; absent -- Burdick, concurrence and repassage the vote was: Ayes, 29; Corcoran, Schrader, Shields; attending legislative absent, 1 – Carter. Bill repassed. business -- Starr, C. Colors were posted and the Senate pledged allegiance to the flag. Invocation by SB 74 B-Eng. -- Morrisette moved that the Sue Shaffer, Chair of the Cow Creek Band of the Senate concur in House amendments and repass bill. Umpqua Tribe, Roseburg. On concurrence and repassage the vote was: Ayes, 30. Bill repassed.

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SB 229 B-Eng. -- Deckert moved that the Senate joined by Minnis and Gordly. All members present concur in House amendments and repass bill. On except Starr, C., attending legislative business. On concurrence and repassage the vote was: Ayes, 30. passage of bill the vote was: Ayes, 19; nays, 10 – Bill repassed. Beyer, Burdick, Clarno, Deckert, Fisher, Hannon, Harper, Ringo, Schrader, Shields; attending SB 898 -- Introduced, read first time and legislative business, 1 – Starr, C. Bill passed. referred to President’s desk. HB 2743 -- Schrader requested the following SB 5504, 5511 -- Read second time and passed to explanation of vote be entered into the journal: third reading. “I have always been a strong and loyal supporter of SJM 6 -- Read final time. Carried by Minnis. the veterans. It is extremely unfortunate when they become pawns in a game that never should have been On adoption of memorial, the vote was: Ayes, 28; played. absent, 2 – Carter, Schrader. Memorial adopted. “When I first came to this body in 1997 I served in the SB 880 A-Eng. -- Read third time. Carried by General Government committee in the House this was an issue; a BIG issue. The state of Oregon prides itself on Minnis. Call of the Senate demanded by Minnis providing community based care for our seniors. Our joined by George and Atkinson. All present. On veterans, any member of this great state. When this home passage of bill the vote was: Ayes, 18; nays, 12 – was proposed there was a great deal of trepidation about Atkinson, Brown, Corcoran, Deckert, Devlin, Dukes, the ability to fill it given its location away from Gordly, Morrisette, Ringo, Shields, Walker, President metropolitan areas where many of our senior veterans end Courtney. Bill passed. up living. It was well-known to that committee and this body that we have a process called Certificate of Need so nursing homes and Veterans facilities can stay financially HB 2617, 2900, 2901, 2967, 3329, 3385, 3426, viable. Despite that Certificate of Need playing to the 3631 -- Read first time and referred to President’s sympathies of the members of this great body and the desk. members of this great state, certain individuals came forward trying to subvert, yes, subvert, I think, good public HB 5002, 2744, 3557, 3601 -- Read second time policy that allowed senior members of this state to get and passed to third reading. quality nursing care in financially stable settings. “As the good Senator from District 1 pointed out – Senate recessed until 11:40 a.m. by unanimous We’re in trouble now- we cannot sustain some of the good consent on motion of Brown. facilities we now have. “It is totally inappropriate for us to even consider Senate reconvened at 11:40 a.m. President Pro general fund appropriation for this bill. We had a contract; Tempore Hannon in Chair. All present except Starr, they gave us their word, and I’m not talking about the C., attending legislative business. Veterans. I’m talking about the people bringing this bill forward – they gave us their word that they would not come forward for more general fund, any general fund, money for Senate, having recessed under the order of Third this facility. Reading of House Measures, resumed under the general order of business by unanimous consent at “I think it is a direct poke in the eye of people like the request of the Chair. myself, legislators like myself and you that have consistently supported Veterans’ affairs and Veteran projects; I carried many, many bills. I just attended a HB 2209 -- Bill read. Shields moved that bill be service on Saturday (April 19) for troops in Iraq right now. referred to the Committee on Agriculture and Natural I have strong objections and I, regretfully, am going to have Resources. Chair, in doubt of outcome on the motion to vote “no” and I hope that in the future people in this body considered by voice vote, ordered a roll call vote will begin to keep their word. (SR3.15). Call of the Senate demanded by Brown “I apologize to the carrier. I have nothing against the joined by Burdick and Walker. All present except carrier. But, this is absolutely the wrong way to go. I hope Starr, C., attending legislative business. members look in their hearts and souls and do what’s right for the State of Oregon.” HB 2209 -- Motion to refer to Committee on HB 2765, 3212, 3363 -- Carried over to May 23 Agriculture and Natural Resources carried, the vote calendar by unanimous consent at the request of the was: Ayes, 15; nays, 14 – Atkinson, Beyer, Clarno, Chair. Ferrioli, Fisher, George, Hannon, Harper, Messerle, Minnis, Morse, Nelson, Starr, B., Winters; attending legislative business, 1 – Starr, C. Motion carried. SB 291 -- Shields, Ferrioli appointed Senate conferees. HB 2670 B-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; SCR 3, 5; SB 13, 80, 94, 130, 157, 158, 162, 163, attending legislative business, 1 – Starr, C. Bill 164, 174, 181, 182, 187, 188, 192, 203, 204, 211, 212, passed. 215, 221, 225, 233, 234 238, 244, 246, 247, 248, 251, 256, 276, 281, 310, 374, 387, 388, 425, 478, 606, 748; HB 2186 -- President Courtney signed on May 22. HB 2743 A-Eng. -- Read third time. Carried by Corcoran, Minnis. Fisher declared potential conflict of interest. Call of the Senate demanded by Corcoran SENATE JOURNAL SJ-141

Senate adjourned until 10:45 a.m. Friday by HB 2893 -- Report by Committee on General unanimous consent at the request of the Chair. Government recommending passage of the A- engrossed bill. Friday, May 23, 2003 -- Morning Session HB 2894 -- Report by Committee on Education Senate convened at 10:45 a.m. Harper in Chair. recommending passage with amendments to the A- The following members were present: Atkinson, engrossed bill. Beyer, Burdick, Clarno, Corcoran, Deckert, Devlin, Dukes, Fisher, George, Gordly, Hannon, Messerle, HB 3061 -- Report by Committee on General Metsger, Minnis, Morrisette, Morse, Nelson, Government recommending passage of the A- Schrader, Shields, Starr, B., Walker, President engrossed bill. Courtney; absent -- Brown, Ferrioli; excused -- Carter, Ringo; attending legislative business -- Starr, C., Report by Committee on Rules recommending Winters. Colors were posted and the Senate pledged that the Governor’s reappointments of James Hendry, allegiance to the flag. Invocation by Air Force ROTC Richard McCarthy, George Siegfried (a) and Jim from Oregon State University. Wilkens to the State Board of Chiropractic Examiners, be confirmed en bloc. SB 878 -- Message from the Governor announcing he signed on May 22. SB 37 A-Eng. -- Brown moved that the Senate concur in House amendments and repass bill. On SB 159 -- Message from the House announcing concurrence and repassage the vote was: Ayes, 24; passage. absent, 2 – Corcoran, George; excused, 2 – Carter, Ringo; attending legislative business, 2 – Starr, B., HCR 11 -- Message from the House announcing Starr, C. Bill repassed. adoption. SB 154 B-Eng. -- Morrisette moved that the HB 2101, 2177 -- Message from the House Senate concur in House amendments and repass bill. announcing concurrence in Senate amendments and On concurrence and repassage the vote was: Ayes, 25; repassage. absent, 1 – Corcoran; excused, 2 – Carter, Ringo; attending legislative business, 2 – Starr, B., Starr, C. SB 13, 80, 94, 130, 157, 158, 162, 163, 164, 174, Bill passed. Bill repassed. 181, 182, 187, 188, 192, 203, 204, 211, 212, 215, 221, 225, 233, 234, 238, 244, 246, 247, 248, 251, 256, 276, SB 5504 -- Taken from its place on today’s third 281, 310, 387, 388, 425, 478, 606, 748; HCR 3, 4, 5, 7; reading calendar and placed on May 27 calendar by HJM 5; HB 2030, 2050, 2057, 2059, 2060, 2064, 2207, voice vote on motion of Dukes. 2213, 2086, 2131, 2132, 2150, 2163, 2186, 2187, 2190, 2227, 2258, 2263, 2272, 2316, 2319, 2322, 2331, 2332, SB 5511 -- Taken from its place on today’s third 2449, 2450, 2474, 2491, 2535, 2579, 2589, 2625, 2691, reading calendar and placed on May 27 calendar by 2818, 2908, 2925, 3062, 3163, 3261 -- Message from voice vote on motion of Gordly. the House announcing the Speaker signed on May 22. SB 5503, 5510, 5520, 5532, 5538, 5540, 5544; 757 Committee Report Summary No. 88 listing the -- Read second time and passed to third reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 456 A-Eng. -- Read third time. Carried by by order of the President. Morrisette. On passage of bill the vote was: Ayes, 16; nays, 10 – Beyer, Brown, Corcoran, Dukes, Hannon, SJR 19 -- Report by Committee on Rules Metsger, Nelson, Schrader, Walker, President recommending adoption with amendments to the A- Courtney; excused, 2 – Carter, Ringo; attending engrossed resolution. legislative business, 2 – Starr, B., Starr, C. Bill passed. SB 552 -- Report by Committee on Rules recommending passage with amendments to the A- HCR 11 -- Read first time and referred to engrossed bill. President’s desk.

SB 897 -- Report by Committee on Education HCR 8, 9; HB 2893, 3061 -- Read second time recommending passage. Referred to Committee on and passed to third reading. Ways and Means by prior reference. HB 2765 B-Eng. -- Read third time. Carried by HCR 8 -- Report by Committee on Rules Walker. On passage of bill the vote was: Ayes, 26; recommending adoption. excused, 2 – Carter, Ringo; attending legislative business, 2 – Starr, B., Starr, C. Bill passed. HCR 9 -- Report by Committee on Rules recommending adoption. HB 3212 -- Moved to the foot of today's third reading calendar by unanimous consent at the request of the Chair.

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HB 3363 B-Eng. -- Read third time. Carried by -- Beyer. Colors were posted and the Senate pledged Walker. On passage of bill the vote was: Ayes, 26; allegiance to the flag. Invocation sung as a musical excused, 2 – Carter, Ringo; attending legislative performance by Pami Guerra, Salem. business, 2 – Starr, B., Starr, C. Bill passed. The following message from the Governor was HB 5002 -- Read third time. Taken from its place read and referred to the Committee on Rules: on today’s third reading calendar and placed on May 27 calendar on voice vote on motion of Winters. May 23, 2003

HB 2744 A-Eng. -- Read third time. Carried by TO THE HONORABLE PRESIDENT OF THE SENATE Deckert. On passage of bill the vote was: Ayes, 20; nays, 6 – Beyer, Corcoran, Fisher, Harper, Nelson, OF THE 72nd LEGISLATIVE ASSEMBLY Schrader; excused, 2 – Carter, Ringo; attending legislative business, 2 – Starr, B., Starr, C. Bill ORS 184.612 provides that the Governor shall appoint the passed. members of the Oregon Transportation Commission, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 3557 -- Read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 24; nays, 3 – I appoint Michael Nelson of Baker City to the Oregon Corcoran, Hannon, Walker; excused, 2 – Carter, Transportation Commission for a four-year term beginning Ringo; attending legislative business, 1 – Starr, C. July 1, 2003, and ending June 30, 2007, effective upon Bill passed. Senate confirmation.

HB 3601 B-Eng. -- Read third time. Carried by This appointment is submitted for your consideration. Metsger. On passage of bill the vote was: Ayes, 27; Sincerely, excused, 2 – Carter, Ringo; attending legislative Ted Kulongoski business, 1 – Starr, C. Bill passed. Governor SB 68; HB 5007, 5032; 2409, 3130 -- Message HB 3212 A-Eng. -- Read third time. Carried by from the House announcing passage. Starr, B. On passage of bill the vote was: Ayes, 27; excused, 2 – Carter, Ringo; attending legislative SB 508, 596 -- Message from the House business, 1 – Starr, C. Bill passed. announcing passage as amended by the House. The following measures were referred to HB 2114, 2631, 2821, 2885, 3157 -- Message from committee on May 22 and recorded on Committee the House announcing concurrence in Senate Referral List No. 53 which was distributed to members. Referral list recorded in the Journal and amendments and repassage. Status Report by order of the President. Committee Report Summary No. 89 listing the SB 5 Revenue following reports was distributed to members today. HB 2011 Transportation and Economic Development; Ways Summary list recorded in Journal and Status Report by order of the President. and Means HB 2080 Judiciary HB 2661 -- Report by Committee on HB 3281 Water and Land Use Transportation and Economic Development HB 3298 Water and Land Use recommending passage with amendments to the A- engrossed bill. SB 11, 32,42,70, 71, 72, 137, 167, 205, 223, 241, 243, 250, 327, 328, 401, 514, 525, 554, 584, 661, 663, 667, 795, 832; HCR 3,4,5,7; HJM 5; HB 2030, 2050, HB 3187 -- Report by Committee on 2057, 2059, 2060, 2064, 2086, 2131, 2132, 2150, 2163, Transportation and Economic Development 2187, 2190, 2207, 2213, 2227, 2258, 2263, 2272, 2316, recommending passage of the A-engrossed bill. 2322, 2331, 2332, 2449, 2450, 2474, 2491, 2535, 2576, Referred to Committee on Ways and Means by prior 2589, 2625, 2691, 2818, 2908, 2925, 3062, 3163, 3261, reference. -- President Courtney signed on May 23. HB 3615 -- Report by Committee on Senate adjourned until 10:45 a.m. Tuesday by Transportation and Economic Development unanimous consent at the request of the Chair. recommending passage

Tuesday, May 27, 2003 -- Morning Session SB 34 B-Eng. -- Nelson moved that the Senate concur in House amendments and repass bill. On Senate convened at 10:45 a.m. President concurrence and repassage the vote was: Ayes, 29; Courtney in Chair. The following members were excused, 1 – Beyer. Bill repassed. present: Atkinson, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, SB 185 A-Eng. -- Starr, C. moved that the Senate George, Gordly, Hannon, Harper, Messerle, Metsger, concur in House amendments and repass bill. On Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, concurrence and repassage the vote was: Ayes, 28; Shields, Starr, B., Starr, C., Walker, Winters; excused SENATE JOURNAL SJ-143 excused, 1 – Beyer; attending legislative business, 1 – SB 5503 -- Read third time. Taken from its place Carter. Bill repassed. on today’s third reading calendar and placed on May 28 calendar by voice vote on motion of Dukes. SB 198 A-Eng. -- Nelson moved that the Senate concur in House amendments and repass bill. On SB 5504 -- Read third time. Carried by Dukes. concurrence and repassage the vote was: Ayes, 29; On passage of bill the vote was: Ayes, 29; excused, 1 – excused, 1 – Beyer. Bill repassed. Beyer. Bill passed.

SB 200 A-Eng. -- Walker moved that the Senate SB 5510 A-Eng. -- Read third time. Carried by concur in House amendments and repass bill. On Gordly. On passage of bill the vote was: Ayes, 29; concurrence and repassage the vote was: Ayes, 28; excused, 1 – Beyer. Bill passed. excused, 1 – Beyer; attending legislative business, 1 – Starr, B. Bill repassed. Courtesies of the Senate were extended to U.S. Senator at the request of Brown. SB 206 B-Eng. -- Metsger moved that the Senate concur in House amendments and repass bill. On SB 5511 -- Read third time. Carried by Gordly. concurrence and repassage the vote was: Ayes, 28; On passage of bill the vote was: Ayes, 29; excused, 1 – excused, 1 – Beyer; attending legislative business, 1 – Beyer. Bill passed. Starr, B. Bill repassed. SB 5520 -- Read third time. Taken from its place SB 235 B-Eng. -- Nelson moved that the Senate on today’s third reading calendar and placed on May concur in House amendments and repass bill. On 28 calendar by voice vote on motion of Winters. concurrence and repassage the vote was: Ayes, 28; excused, 1 – Beyer; attending legislative business, 1 – SB 5532 A-Eng. -- Read third time. Carried by Starr, B. Bill repassed. Dukes. On passage of bill the vote was: Ayes, 29; excused, 1 – Beyer. Bill passed. SB 253 B-Eng. -- Nelson moved that the Senate concur in House amendments and repass bill. On SB 5538 A-Eng. -- Read third time. Carried by concurrence and repassage the vote was: Ayes, 28; Devlin. On passage of bill the vote was: Ayes, 29; excused, 1 – Beyer; attending legislative business, 1 – excused, 1 – Beyer. Bill passed. Starr, B. Bill repassed. SB 5540 A-Eng. -- Read third time. Carried by SB 286 B-Eng. -- Nelson moved that the Senate Devlin. On passage of bill the vote was: Ayes, 29; concur in House amendments and repass bill. On excused, 1 – Beyer. Bill passed. concurrence and repassage the vote was: Ayes, 28; excused, 1 – Beyer; attending legislative business, 1 – Starr, B. Bill repassed. SB 5544 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 29; excused, 1 – Beyer. Bill passed. SB 711 B-Eng. -- Nelson moved that the Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; SB 757 -- Carried over to May 28 calendar by excused, 1 – Beyer; attending legislative business, 1 – unanimous consent at the request of the Chair. Starr, B. Bill repassed. HB 5007, 5032; 2409, 3130 -- Read first time and SB 715 B-Eng. -- Nelson moved that the Senate referred to President’s desk. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; HB 2894, 3615 -- Read second time and passed to excused, 1 – Beyer; attending legislative business, 1 – third reading. Starr, B. Bill repassed. HCR 8, 9; HB 5002; 2893, 3061 -- Carried over to SB 870 A-Eng. -- Starr, C. moved that the Senate May 28, calendar by unanimous consent at the concur in House amendments and repass bill. On request of the Chair. concurrence and repassage the vote was: Ayes, 28; excused, 1 – Beyer; attending legislative business, 1 – Senate adjourned until 10:45 a.m. Wednesday by Starr, B. Bill repassed. unanimous consent at the request of the Chair.

Corcoran moved that the Senate confirm en bloc Wednesday, May 28, 2003 -- Morning Session the Governor’s reappointments of James Hendry, Richard McCarthy, George Siegfried (a) and Jim Senate convened at 10:45 a.m. President Wilkens to the State Board of Chiropractic Courtney in Chair. The following members were Examiners. On confirmation the vote was: Ayes, 27; present: Atkinson, Beyer, Brown, Burdick, Carter, nays, 1 –Hannon; excused, 1—Beyer; attending Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, legislative business, 1 – Starr, B. Confirmed en bloc. Fisher, George, Gordly, Hannon, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; absent - - Harper. Colors were posted and the Senate pledged

SJ-144 SENATE JOURNAL allegiance to the flag. Invocation by Reverend Ed SB 5503 A-Eng. -- Bill read. Carried by Dukes. Lykens of the Church of the Nazarene, Prineville. On passage of bill the vote was: Ayes, 25; nays, 5 – Musical performance by Emmaline Woods. Atkinson, Beyer, Clarno, Fisher, Morse. Bill passed.

SB 403, 404, 648 -- Message from the Governor SB 5520 A-Eng. -- Bill read. Carried by Winters. announcing he signed on May 24. Call of the Senate demanded by Winters joined by Brown and George. All present. On passage of bill HB 2217, 2247, 2494, 2498, 2614, 3616, 5033, the vote was: Ayes, 21; nays, 9 – Burdick, Corcoran, 5043, 5053 -- Message from the House announcing passage. Deckert, Dukes, Gordly, Minnis, Morrisette, Ringo, Shields. Bill passed. SB 341 -- Message from the House announcing passage as amended by the House. SB 415 A-Eng. -- Bill read. Carried by Ferrioli. On passage of bill the vote was: Ayes, 16; nays, 13 – HB 2670, 2717 -- Message from the House Atkinson, Beyer, Burdick, Corcoran, Fisher, George, announcing concurrence in Senate amendments and Hannon, Harper, Messerle, Minnis, Morse, Schrader, repassage. Winters; attending legislative business, 1 – Dukes. Bill passed. SB 328, 795 -- Message from the House announcing the Speaker signed on May 28. SB 552 B-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 27; nays, 2 – Fisher, Schrader; attending legislative Committee Report Summary No. 90 listing the business, 1 – Dukes. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. HB 5033, 5043, 5053; 2217, 2247, 2494, 2498, 2614, 3616 -- Read first time and referred to President’s desk. SB 613 -- Report by Committee on Judiciary recommending passage with amendments. HB 2592, 3015, 3058, 3107, 3317, 3361, 3366 -- Read second time and passed to third reading. HB 2592 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. HCR 8 -- Read final time. Carried by Hannon. On adoption of resolution, the vote was: Ayes, 28; HB 3015 -- Report by Committee on Judiciary absent, 1 – Corcoran; attending legislative business, 1 recommending passage of the A-engrossed bill. – Dukes. Resolution adopted. (Hannon in Chair)

HB 3058 -- Report by Committee on Rules HCR 9 -- Read final time. Carried by Atkinson. recommending passage of the A-engrossed bill. On adoption of resolution, the vote was: Ayes, 28; absent, 1 – Corcoran; attending legislative business, 1 HB 3107 -- Report by Committee on Judiciary – Dukes. Resolution adopted. recommending passage of the A-engrossed bill. HB 5002 A-Eng. -- Read third time. Carried by HB 3317 -- Report by Committee on Judiciary Winters. On passage of bill the vote was: Ayes, 27; recommending passage. nays, 2 – Burdick, Corcoran; attending legislative business, 1 – Atkinson. Bill passed. HB 3361 -- Report by Committee on Judiciary recommending passage. HB 2893 A-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 17; HB 3366 -- Report by Committee on Judiciary nays, 13 – Atkinson, Beyer, Carter, Clarno, Deckert, recommending passage. Devlin, Ferrioli, Fisher, George, Messerle, Metsger, Morse, Nelson. Bill passed. SB 82 B-Eng. -- Messerle moved that the Senate concur in House amendments and repass bill. On HB 3061 A-Eng. -- Read third time. Carried by concurrence and repassage the vote was: Ayes, 29; Starr, B. On passage of bill the vote was: Ayes, 20; attending legislative business, 1 – Clarno. Bill nays, 10 – Burdick, Carter, Deckert, Dukes, Gordly, repassed. Metsger, Morrisette, Ringo, Schrader, Shields. Bill passed. SB 757 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 29; HB 2298 A-Eng. -- Read third time. Carried by attending legislative business, 1 – Clarno. Bill Ferrioli. On passage of bill the vote was: Ayes, 20; passed. nays, 9 – Burdick, Carter, Corcoran, Gordly, Ringo, Schrader, Shields, Walker, President Courtney; SJR 19 B-Eng. -- Read final time. Carried by excused, 1 – Clarno. Bill passed. Metsger. On adoption of resolution, the vote was: Ayes, 27; nays, 2 – Fisher, Schrader; attending HB 2894 B-Eng. -- Bill read. Carried by legislative business, 1 – Clarno. Resolution adopted. Morrisette. On passage of bill the vote was: Ayes, 18; SENATE JOURNAL SJ-145 nays, 11 – Brown, Burdick, Carter, Corcoran, Dukes, HB 2765, 3363, 3601 -- Message from the House Gordly, Metsger, Minnis, Ringo, Walker, President announcing concurrence in Senate amendments and Courtney; excused, 1 – Clarno. Bill passed. repassage.

HB 3184 B-Eng. -- Bill read. Carried by HB 2230 -- Message from the House announcing Corcoran. On passage of bill the vote was: Ayes, 29; Close, Gallegos, Schaufler appointed House conferees. excused, 1 – Clarno. Bill passed. Committee Report Summary No. 91 listing the HB 3615 -- Read third time. Carried by Starr, B. following reports was distributed to members today. On passage of bill the vote was: Ayes, 28; nays, 1 – Summary list recorded in Journal and Status Report Schrader; excused, 1 – Clarno. Bill passed. by order of the President.

The following measures were referred to SJR 2 -- Report by Committee on Judiciary committee on May 27 and recorded on Committee without recommendation as to adoption and Referral List No. 54 which was distributed to requesting referral to Revenue. Referred to members. Referral list recorded in the Journal and Committee on Revenue by order of the President in Status Report by order of the President. agreement with the President Pro Tempore.

SB 6 Revenue; Ways and Means SB 5519 -- Report by Committee on Ways and SB 898 Business and Labor Means recommending passage with amendments. HCR 11 Rules HB 2617 Rules SB 5521 -- Report by Committee on Ways and HB 2900 Judiciary Means recommending passage with amendments. HB 2901 Judiciary; Ways and Means HB 2967 General Government; Ways and Means SB 5524 -- Report by Committee on Ways and Means recommending passage with amendments. HB 3329 Judiciary HB 3385 Judiciary SB 5536 -- Report by Committee on Ways and HB 3426 Judiciary Means recommending passage with amendments. HB 3631 Rules Oregon Transportation Commission (ORS 184.612) SB 5539 -- Report by Committee on Ways and Means recommending passage with amendments. Michael Nelson Rules SB 5545 -- Report by Committee on Ways and Senate adjourned until 10:45 a.m. Thursday by Means recommending passage with amendments. unanimous consent at the request of the Chair. SB 24 -- Report by Committee on Judiciary recommending passage with amendments. Thursday, May 29, 2003 -- Morning Session SB 385 -- Report by Committee on Agriculture and Natural Resources recommending passage with Senate convened at 10:45 a.m. President amendments. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, SB 540 -- Report by Committee on Health Policy George, Gordly, Hannon, Harper, Messerle, Minnis, without recommendation as to passage. Requesting Morrisette, Morse, Nelson, Ringo, Schrader, Shields, referral to Special Committee on The Oregon Health Starr, C., Walker, Winters; attending legislative Plan and requesting subsequent referral to business -- Carter, Metsger, Starr, B. Colors were Committee on Ways and Means be rescinded. Request posted and the Senate pledged allegiance to the flag. to rescind subsequent referral denied by order of the Invocation by Senator Bill Fisher, Roseburg. President in agreement with the President Pro Tempore. Referred to Special Committee on The Oregon Health Plan and then Committee on Ways SB 795 -- Message from the Governor and Means by prior reference. announcing he signed on May 28. SB 597 -- Report by Committee on Agriculture SB 104, 105, 106, 110, 111, 112, 115, 117, 122, and Natural Resources without recommendation as to 123, 419, 534, 714, 734, 765 -- Message from the passage, but with amendments. Referred to House announcing passage. Committee on Ways and Means by prior reference.

HCR 10; HJR 55 -- Message from the House HB 2138 -- Report by Committee on Agriculture announcing adoption. and Natural Resources recommending passage of the A-engrossed bill. SB 227, 716 -- Message from the House announcing passage as amended by the House.

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HB 2606 -- Report by Committee on Agriculture unanimous consent at the request of the Chair. and Natural Resources recommending passage of the A-engrossed bill. Friday, May 30, 2003 -- Morning Session HB 3296 -- Report by Committee on Judiciary recommending passage with amendments. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were SB 341 B-Eng. -- Beyer moved that the Senate present: Atkinson, Beyer, Brown, Burdick, Carter, concur in House amendments and repass bill. On Clarno, Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Hannon, Harper, Metsger, Minnis, concurrence and repassage the vote was: Ayes, 24; Morrisette, Morse, Nelson, Ringo, Schrader, Shields, nays, 2 – Corcoran, Gordly; attending legislative Starr, B., Starr, C., Walker, Winters; excused – business, 4 – Atkinson, Carter, Nelson, Starr, B. Bill Devlin; attending legislative business – Gordly, repassed. Messerle. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Alan Starr with SB 436 A-Eng. -- Dukes moved that the Senate the Wycliffe Bible Translators of the Living Hope concur in House amendments and repass bill. On Fellowship, Aloha. concurrence and repassage the vote was: Ayes, 25; attending legislative business, 5 – Atkinson, Carter, The following messages from the Governor were Nelson, Schrader, Starr, B. Bill repassed. read and referred to the Committee on Rules. May 29, 2003 SB 613 -- Read second time and passed to third reading. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HCR 10; HJR 55 -- Read first time and referred ORS 346.130 provides that the Governor shall appoint the to President’s desk. members of the Commission for the Blind, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 2138, 2606, 2661 -- Read second time and passed to third reading. I reappoint Frank Armstrong of Newport to the Commission for the Blind for a two-year term, as provided by statute, beginning July 1, 2003 and ending on June 30, 2005, HB 2592 A-Eng. -- Read third time. Carried by effective upon Senate confirmation. Ringo. On passage of bill the vote was: Ayes, 26; attending legislative business, 4 – Atkinson, Carter, This appointment is submitted for your consideration. Nelson, Starr, B. Bill passed. Sincerely, Ted Kulongoski HB 3015 A-Eng. -- Read third time. Carried by Governor Starr, C. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Atkinson, Nelson, May 29, 2003 Starr, B. Bill passed. TO THE HONORABLE PRESIDENT OF THE SENATE HB 3058 A-Eng. -- Read third time. Carried by OF THE 72nd LEGISLATIVE ASSEMBLY Dukes. On passage of bill the vote was: Ayes, 26; ORS 346.130 provides that the Governor shall appoint the attending legislative business, 4 – Metsger, Nelson, members of the Commission for the Blind, subject to Senate Schrader, Starr, B. Bill passed. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 3107 A-Eng. -- Read third time. Carried by I appoint Donald Dartt of Portland to the Commission for Ferrioli. On passage of bill the vote was: Ayes, 26; the Blind for a two-year term as provided by statute, attending legislative business, 4 – Clarno, Metsger, beginning July 1, 2003 and ending on June 30, 2005, Nelson, Starr, B. Bill passed. effective upon Senate confirmation. This appointment is submitted for your consideration. HB 3317 -- Read third time. Carried by Walker. Sincerely, On passage of bill the vote was: Ayes, 26; attending Ted Kulongoski legislative business, 4 – Clarno, Metsger, Nelson, Governor Starr, B. Bill passed. May 29, 2003 HB 3361 -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 25; attending TO THE HONORABLE PRESIDENT OF THE SENATE legislative business, 5 – Burdick, Clarno, Metsger, OF THE 72nd LEGISLATIVE ASSEMBLY Nelson, Starr, B. Bill passed. ORS 346.130 provides that the Governor shall appoint the members of the Commission for the Blind, subject to Senate HB 3366 -- Read third time. Carried by Ferrioli. confirmation, in the manner provided by ORS 171.562 and On passage of bill the vote was: Ayes, 24; attending ORS 171.565. legislative business, 6 – Burdick, Clarno, Metsger, I appoint Irvin Handelman of Portland to the Commission Nelson, Schrader, Starr, B. Bill passed. for the Blind for a two-year term as provided by statute, beginning July 1, 2003 and ending on June 30, 2005, Senate adjourned until 10:45 a.m. Friday by effective upon Senate confirmation. SENATE JOURNAL SJ-147

This appointment is submitted for your consideration. I reappoint Deirdre Malarkey of Eugene to the Environmental Quality Commission for a four-year term, as Sincerely, provided by statute, beginning July 1, 2003 and ending on Ted Kulongoski Governor June 30, 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. May 29, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 346.130 provides that the Governor shall appoint the May 29, 2003 members of the Commission for the Blind, subject to Senate confirmation, in the manner provided by ORS 171.562 and TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY I reappoint Edward Ripplinger of Salem to the Commission ORS 776.105 provides that the Governor shall appoint the for the Blind for a two-year term, as provided by statute, members of the Oregon Board of Maritime Pilots, subject to beginning July 1, 2003 and ending on June 30, 2005, Senate confirmation, in the manner provided by ORS effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Katy Eymann of Clackamas to the Oregon Board of Maritime Pilots for a four-year term, as provided Sincerely, by statute, beginning February 1, 2003 and ending on Ted Kulongoski Governor January 31, 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. May 29, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 346.130 provides that the Governor shall appoint the May 29, 2003 members of the Commission for the Blind, subject to Senate confirmation, in the manner provided by ORS 171.562 and TO THE HONORABLE PRESIDENT OF THE SENATE ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY I reappoint Elizabeth Rousseau-Rooney of Cave Junction, to ORS 776.105 provides that the Governor shall appoint the the Commission for the Blind for a two-year term, as members of the Oregon Board of Maritime Pilots, subject to provided by statute, beginning July 1, 2003 and ending on Senate confirmation, in the manner provided by ORS June 30, 2005, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Charles Yates of Coos Bay to the Oregon Board of Maritime Pilots for a four-year term, as provided by statute, Sincerely, beginning June 1, 2003 and ending on May 31, 2007, Ted Kulongoski Governor effective upon Senate confirmation. This appointment is submitted for your consideration. May 29, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 468.010 provides that the Governor shall appoint the May 29, 2003 members of the Environmental Quality Commission, 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 72nd LEGISLATIVE ASSEMBLY I appoint Lynn Hampton of Pendleton to the Environmental ORS 677.235 provides that the Governor shall appoint the Quality Commission for an unexpired four-year term, as members of the Board of Medical Examiners, subject to provided by statute, beginning June 1, 2003 and ending on Senate confirmation, in the manner provided by ORS June 30, 2004, effective upon Senate confirmation. 171.562 and ORS 171.565. This appointment is submitted for your consideration. I appoint Clifford Deveney of Portland to the Board of Medical Examiners for a three-year term, as provided by Sincerely, statute, beginning June 1, 2003 and ending on February 28, Ted Kulongoski Governor 2006, effective upon Senate confirmation. This appointment is submitted for your consideration. May 29, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 468.010 provides that the Governor shall appoint the May 29, 2003 members of the Environmental Quality Commission, 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 72nd LEGISLATIVE ASSEMBLY

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ORS 777.925 provides that the Governor shall appoint the Governor members of the Oregon International Board of Commissioners of Port of Coos Bay, subject to Senate SB 5549; 41, 64, 259, 611, 749 -- Message from confirmation, in the manner provided by ORS 171.562 and the House announcing passage. ORS 171.565. SB 213, 761 -- Message from the House I reappoint Jon Barton of Coos Bay to the Oregon announcing passage as amended by the House. International Board of Commissioners of Port of Coos Bay for a four-year term, as provided by statute, beginning July 1, 2003 and ending on June 30, 2007, effective upon Senate SB 11, 32, 42, 70, 71, 72, 137, 167, 205, 223, 241, confirmation. 243, 250, 327, 401, 514, 525, 554, 584, 661, 663, 667, 832; HB 2021, 2063, 2664, 2761, 3068, 3145, 3194, This appointment is submitted for your consideration. 3218, 3224, 3339 -- Message from the House Sincerely, announcing the Speaker signed on May 29. Ted Kulongoski Governor Committee Report Summary No. 92 listing the following reports was distributed to members today. May 29, 2003 Summary list recorded in Journal and Status Report by order of the President. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HB 2074 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. Chapter 918, Section 2, Oregon Laws 2001 provides that the Governor shall appoint the members of the Sustainability Board, subject to Senate confirmation, in the HB 2113 -- Report by Committee on Judiciary manner provided by ORS 171.562 and ORS 171.565. recommending passage of the A-engrossed bill. I appoint Darcy Hitchcock of Portland to the Sustainability HB 2118 -- Report by Committee on Judiciary Board for a four-year term, as provided by statute, recommending passage of the A-engrossed bill. beginning June 1, 2003 and ending on January 1, 2007, effective upon Senate confirmation. HB 2381 -- Report by Committee on Judiciary This appointment is submitted for your consideration. recommending passage of the A-engrossed bill. Sincerely, Ted Kulongoski HB 2455 -- Report by Committee on Governor Transportation and Economic Development recommending passage with amendments to the B- May 29, 2003 engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE HB 2521 -- Report by Committee on Agriculture OF THE 72nd LEGISLATIVE ASSEMBLY and Natural Resources recommending passage of the A-engrossed bill. Chapter 918, Section 2, Oregon Laws 2001 provides that the Governor shall appoint the members of the HB 2638 -- Report by Committee on Judiciary Sustainability Board, subject to Senate confirmation, in the recommending passage of the A-engrossed bill. manner provided by ORS 171.562 and ORS 171.565. I reappoint John Ledger of Salem to the Sustainability HB 2711 -- Report by Committee on Judiciary Board for a four-year term, as provided by statute, recommending passage of the A-engrossed bill. beginning January 2, 2003 and ending on January 1, 2007, effective upon Senate confirmation. HB 2803 -- Report by Committee on Judiciary This appointment is submitted for your consideration. recommending passage of the A-engrossed bill. Sincerely, Ted Kulongoski HB 2915 -- Report by Committee on Agriculture Governor and Natural Resources recommending passage.

HB 3048 -- Report by Committee on May 29, 2003 Transportation and Economic Development TO THE HONORABLE PRESIDENT OF THE SENATE recommending passage. OF THE 72nd LEGISLATIVE ASSEMBLY HB 3152 -- Report by Committee on Agriculture Chapter 918, Section 2 Oregon Laws 2001 provides that the and Natural Resources recommending passage of the Governor shall appoint the members of the Sustainability A-engrossed bill. Board, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 3175 -- Report by Committee on Agriculture I appoint Greg Wolf of Portland to the Sustainability Board and Natural Resources recommending passage of the for an unexpired four-year term, as provided by statute, A-engrossed bill. beginning June 1, 2003 and ending on January 1, 2004, effective upon Senate confirmation. HB 3351 -- Report by Committee on Judiciary This appointment is submitted for your consideration. recommending passage with amendments. Sincerely, SB 35 A-Eng. -- Minnis moved that the Senate Ted Kulongoski concur in House amendments and repass bill. On SENATE JOURNAL SJ-149

concurrence and repassage the vote was: Ayes, 22; 724, 739, 764, 803, 822, 833, 876 -- President nays, 1 – Schrader; absent, 1 – Carter; attending Courtney signed on May 29. legislative business, 6 – Beyer, Clarno, Corcoran, Gordly, Harper, Messerle. Bill repassed. (Hannon in Senate adjourned until 10:45 on Monday by Chair) unanimous consent at the request of the Chair. SB 179 B-Eng. -- Metsger moved that the Senate concur in House amendments and repass bill. On Monday, June 2, 2003 -- Morning Session concurrence and repassage the vote was: Ayes, 23; attending legislative business, 7 – Beyer, Clarno, Corcoran, Gordly, Harper, Messerle, Schrader. Bill Senate convened at 10:45 a.m. President repassed. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Clarno, Corcoran, SB 245 A-Eng. -- Minnis moved that the Senate Deckert, Devlin, Dukes, Ferrioli, Fisher, Gordly, concur in House amendments and repass bill. On Hannon, Harper, Metsger, Minnis, Morrisette, Morse, concurrence and repassage the vote was: Ayes, 24; attending legislative business, 6 – Beyer, Clarno, Nelson, Ringo, Shields, Starr, B., Starr, C., Winters; Gordly, Harper, Messerle, Schrader. Bill repassed. absent -- Burdick, Carter, George, Messerle, Walker; attending legislative business -- Schrader. Colors SB 508 B-Eng. -- Metsger moved that the Senate were posted and the Senate pledged allegiance to the concur in House amendments and repass bill. On flag. Invocation by Senator Charles Starr, Hillsboro. concurrence and repassage the vote was: Ayes, 23; nays, 1 – Hannon; attending legislative business, 6 – SB 47, 237, 304, 604, 882, 885 -- Message from Beyer, Clarno, Gordly, Harper, Messerle, Schrader. the House announcing passage. Bill repassed. SB 69, 207, 285, 516, 673 -- Message from the SB 596 B-Eng. -- Metsger moved that the Senate House announcing passage as amended by the House. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 24; attending legislative business, 6 – Beyer, Clarno, HB 3184 -- Message from the House announcing Gordly, Harper, Messerle, Schrader. Bill repassed. concurrence in Senate amendments and repassage.

SB 716 B-Eng. -- Minnis moved that the Senate Committee Report Summary No. 93 listing the concur in House amendments and repass bill. On following reports was distributed to members today. concurrence and repassage the vote was: Ayes, 20; Summary list recorded in Journal and Status Report nays, 4 – Atkinson, Burdick, Ringo, Shields; by order of the President. attending legislative business, 6 – Beyer, Clarno, Gordly, Harper, Messerle, Schrader. Bill repassed. HB 2344 -- Report by Committee on Agriculture SB 5519, 5521, 5524, 5536, 5539, 5545; 24, 385 -- and Natural Resources recommending passage of the Read second time and passed to third reading. A-engrossed bill.

SB 613 A-Eng. -- Read third time. Carried by HB 2368 -- Report by Committee on Revenue President Courtney. On passage of bill the vote was: without recommendation as to passage and Ayes, 27; attending legislative business, 3 – Clarno, requesting referral to Committee on Judiciary. Harper, Schrader. Bill passed. Referred to Committee on Judiciary by order of the President in agreement with the President Pro HB 2074, 2113, 2118, 2381, 2521, 2638, 2711, Tempore. 2803, 2915, 3048, 3152, 3175, 3296 -- Read second time and passed to third reading. HB 2388 -- Report by Committee on Transportation and Economic Development HB 2138 A-Eng -- Read third time. Carried by recommending passage with amendments and Beyer. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Clarno, Harper, requesting subsequent referral to Committee on Ways Schrader. Bill passed. and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with HB 2606 A-Eng. -- Read third time. Carried by the President Pro Tempore. Beyer. On passage of bill the vote was: Ayes, 27; attending legislative business, 3 – Clarno, Harper, HB 2647 -- Report by Committee on Judiciary Schrader. Bill passed. recommending passage of the A-engrossed bill and requesting subsequent referral to Committee on Ways HB 2661 B-Eng. -- Read third time. Carried by and Means be rescinded. Subsequent referral Metsger. On passage of bill the vote was: Ayes, 21; rescinded by order of the President in agreement with nays, 5 – Atkinson, Carter, Dukes, George, Gordly; the President Pro Tempore. attending legislative business, 4 – Beyer, Clarno, Harper, Schrader. Bill passed. HB 2887 -- Report by Committee on Agriculture and Natural Resources recommending passage of the SB 14, 17, 33, 37, 38, 39, 43, 45, 67, 74, 118, 119, A-engrossed bill. 127, 136, 161, 191, 194, 199, 216, 226, 229, 255, 258, 289, 292, 303, 306, 311, 315, 372, 390, 393. 397, 434, 457, 487, 515, 575, 588, 602, 603, 618, 641, 692, 713,

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HB 2933 -- Report by Committee on HB 2344, 2455, 2647, 2887, 2945, 3351, 3376 -- Transportation and Economic Development Read second time and passed to third reading. recommending passage with amendments and requesting subsequent referral to Committee on Ways HB 2074 A-Eng. -- Read third time. Carried by and Means be rescinded. Subsequent referral Burdick. On passage of bill the vote was: Ayes, 29; rescinded by order of the President in agreement with attending legislative business, 1 – Schrader. Bill the President Pro Tempore. passed.

HB 2945 -- Report by Committee on Agriculture HB 2113 A-Eng. -- Read third time. Carried by and Natural Resources recommending passage of the Ferrioli. On passage of bill the vote was: Ayes, 29; A-engrossed bill. attending legislative business, 1 – Schrader. Bill passed. HB 3376 -- Report by Committee on Agriculture and Natural Resources recommending passage of the HB 2118 A-Eng. -- Read third time. Carried by A-engrossed bill. Ferrioli. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Schrader. Bill SB 213 A-Eng. -- Metsger moved that the Senate passed. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 29; HB 2381 A-Eng. -- Read third time. Carried by attending legislative business, 1 – Schrader. Bill Minnis. On passage of bill the vote was: Ayes, 30. repassed. Bill passed.

SB 5519 A-Eng. -- Read third time. Carried by HB 2521 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 27; Corcoran. On passage of bill the vote was: Ayes, 30. nays, 2 – Minnis, Shields; attending legislative Bill passed. business, 1 – Schrader. Bill passed. HB 2638, 2711, 2803, 2915, 3048, 3152, 3175, SB 5521 A-Eng. -- Read third time. Carried by 3296 -- Carried over to June 3 calendar by unanimous Messerle. On passage of bill the vote was: Ayes, 27; consent at the request of the Chair. nays, 2 – Minnis, Shields; attending legislative business, 1 – Schrader. Bill passed. The following measures were referred to committee on May 30 and recorded on Committee SB 5524 A-Eng. -- Read third time. Carried by Referral List No. 55 which was distributed to Devlin. On passage of bill the vote was: Ayes, 25; members. Referral list recorded in the Journal and nays, 4 – Beyer, Fisher, Minnis, Shields; attending Status Report by order of the President. legislative business, 1 – Schrader. Bill passed. HCR 10 Rules SB 5536 A-Eng. -- Read third time. Carried by HJR 55 Rules Messerle. On passage of bill the vote was: Ayes, 26; HB 5007 Ways and Means nays, 2 – Minnis, Shields; attending legislative HB 5032 Ways and Means business, 2 – Corcoran, Schrader. Bill passed. HB 5033 Ways and Means SB 5539 A-Eng. -- Read third time. Carried by HB 5043 Ways and Means Carter. On passage of bill the vote was: Ayes, 28; HB 5053 Ways and Means attending legislative business, 2 – Corcoran, HB 2247 Ways and Means Schrader. Bill passed. HB 2494 Judiciary HB 2498 Judiciary SB 5545 A-Eng. -- Read third time. Carried by HB 2614 Rules Dukes. On passage of bill the vote was: Ayes, 27; nays, 1 – Shields; attending legislative business, 2 – HB 3130 Rules Corcoran, Schrader. Bill passed. HB 3616 Revenue

SB 24 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 29; Commission for the Blind (ORS 346.130) attending legislative business, 1 – Schrader. Bill Frank Armstrong (r) Rules passed. Donald Dartt Rules SB 385 A-Eng. -- Read third time. Carried by Irvin Handelman Rules Ferrioli. Call of the Senate demanded by Ferrioli Elizabeth Rousseau-Rooney (r) Rules joined by Nelson and Beyer. All present except Edward Ripplinger (r) Rules Schrader, attending legislative business. On passage of bill the vote was: Ayes, 23; nays, 6 – Brown, Burdick, Carter, Metsger, Ringo, Walker; attending Environmental Quality Commission (ORS 468.010) legislative business, 1 – Schrader. Bill passed. Lynn Hampton Rules SENATE JOURNAL SJ-151

Deirdre Malarkey (r) Rules Summary list recorded in Journal and Status Report by order of the President.

Oregon Board of Maritime Pilots (ORS 776.105) SB 5537 -- Report by Committee on Ways and Means recommending passage with amendments. Katy Eymann (r) Rules Charles Yates Rules HB 5007 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill.

Board of Medical Examiners (ORS 677.235) HB 5032 -- Report by Committee on Ways and Clifford Deveney Rules Means recommending passage of the A-engrossed bill.

HB 5033 -- Report by Committee on Ways and Board of Commissioners Oregon International Port Means recommending passage of the A-engrossed bill. of Coos Bay (ORS 777.925) HB 5043 -- Report by Committee on Ways and Jon Barton (r) Rules Means recommending passage of the A-engrossed bill.

HB 5053 -- Report by Committee on Ways and Sustainability Board (Ch 918 S 2 OR Laws 2001) Means recommending passage of the A-engrossed bill. Darcy Hitchcock Rules John Ledger (r) Rules HB 2247 -- Report by Committee on Ways and Means recommending passage. Greg Wolf Rules SCR 4; SJM 3, 5; SB 8, 68, 154, 230, 771, 787 HB 2407 -- Report by Committee on General 807; HB 2021, 2063, 2664, 2761, 3068, 3145, 3194, Government recommending passage with 3218, 3224, 3339 -- President Courtney signed on amendments to the B-engrossed bill. June 2. HB 2694 -- Report by Committee on Judiciary Senate adjourned until 10:45 a.m. Tuesday by recommending passage with amendments to the A- unanimous consent at the request of the Chair. engrossed bill.

HB 2754 -- Report by Committee on Agriculture Tuesday, June 3, 2003 -- Morning Session and Natural Resources recommending passage.

Senate convened at 10:45 a.m. President Pro HB 2986 -- Report by Committee on Judiciary Tempore Hannon in Chair. The following members recommending passage with amendments to the A- were present: Atkinson, Beyer, Burdick, Carter, engrossed bill. Clarno, Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Gordly, Harper, Messerle, Minnis, HB 3094 -- Report by Committee on Agriculture Morrisette, Morse, Nelson, Schrader, Shields, Starr, and Natural Resources recommending passage of the B., Starr, C., Walker, Winters, President Courtney; A-engrossed bill. absent -- Brown, Devlin, Metsger, Ringo. Colors were posted and the Senate pledged allegiance to the flag. HB 3371 -- Report by Committee on Judiciary Invocation by Reverend Trisa Kelly. Musical recommending passage. performance by Lorene Hood-Jack, Portland. HB 3372 -- Report by Committee on Judiciary SB 13, 80, 94, 130, 157, 158, 162, 163, 164, 174, recommending passage with amendments to the A- 181, 182, 187, 188, 192, 203, 204, 211, 212, 215, 221, engrossed bill. 225, 233, 234, 238, 244, 246, 247, 248, 251, 256, 276, 281, 310, 374, 387, 388, 425, 478, 606, 748 -- Message from the Governor announcing he signed on May 30. HB 3422 -- Report by Committee on General Government recommending passage with amendments to the A-engrossed bill. SB 628; HB 3328 -- Message from the House announcing passage. SB 227 A-Eng. -- Deckert moved that the Senate concur in House amendments and repass bill. On HB 2894 -- Message from the House announcing concurrence and repassage the vote was: Ayes, 30. concurrence in Senate amendments and repassage. Bill repassed.

SB 291 -- Message from the House announcing SB 761 A-Eng. -- Starr, B. moved that the Senate Kropf, Beyer, Gilman appointed House conferees. concur in House amendments and repass bill. Call of the Senate demanded by Starr, B. joined by Gordly Committee Report Summary No. 94 listing the and Nelson. All present. On concurrence and following reports was distributed to members today. repassage the vote was: Ayes, 21; nays, 9 – Burdick,

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Carter, Corcoran, Dukes, Hannon, Morrisette, present: Atkinson, Beyer, Brown, Burdick, Clarno, Schrader, Shields, Walker. Bill repassed. Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Hannon, Harper, Messerle, Minnis, Morse, HB 3328 -- Read first time and referred to Nelson, Ringo, Schrader, Starr, B., Starr, C., Walker, President’s desk. Winters; excused -- Morrisette; attending legislative business -- Carter, Gordly, Metsger, Shields. Colors HB 5007, 5032, 5033, 5043, 5053; 2247, 2388, were posted and the Senate pledged allegiance to the 2754, 2933, 3094, 3371 -- Read second time and flag. Invocation by Chaplain Frank Carpenter of the passed to third reading. Capitol Ministries of Oregon, Hillsboro.

HB 2638 A-Eng. -- Read third time. Carried by SB 331, 801; HB 5001, 5005, 5006, 5017, 5047, Starr, C. On passage of bill the vote was: Ayes, 30. 5054, 5055; 2208, 2256, 2390 -- Message from the Bill passed. House announcing passage.

HB 2711 A-Eng. -- Read third time. Carried by SB 18, 65 -- Message from the House announcing Ringo. On passage of bill the vote was: Ayes, 29; passage as amended by the House. nays, 1 – Hannon. Bill passed. SCR 4; SJM 3, 5; SB 8, 14, 17, 33, 37, 38, 39, 43, HB 2803 A-Eng. -- Read third time. Carried by 45, 67, 68, 74, 118, 119, 127, 136, 154, 161, 191, 194, Walker. On passage of bill the vote was: Ayes, 30. 199, 216, 226, 229, 230, 255, 258, 289, 292, 303, 306, Bill passed. 311, 315, 372, 390, 393, 397, 434, 457, 487, 515, 575, 588, 602, 603, 618, 641, 692, 713, 724, 739, 764, 771, 787, 803, 807, 822, 833, 876; HB 2069, 2101, 2103, HB 2915 -- Read third time. Carried by Shields. 2177, 2191, 2206, 2233, 2238, 2284, 2324, 2410, 2717, On passage of bill the vote was: Ayes, 29; attending 2729, 2732, 2743, 2744, 2821, 2866, 2873, 2999, 3122, legislative business, 1 – Starr, B. Bill passed. 3156, 3157, 3212, 3316, 3557 -- Message from the Without objection, Beyer declared potential conflict of House announcing the Speaker signed on June 3. interest after the vote. Committee Report Summary No. 95 listing the HB 3048 -- Read third time. Carried by Nelson. following reports was distributed to members today. On passage of bill the vote was: Ayes, 29; attending Summary list recorded in Journal and Status Report legislative business, 1 – Starr, B. Bill passed. by order of the President.

HB 3152 A-Eng. -- Read third time. Carried by HB 2197 -- Report by Committee on Revenue Beyer. On passage of bill the vote was: Ayes, 28; recommending passage with amendments to the A- nays, 1 – Schrader; attending legislative business, 1 – engrossed bill. Starr, B. Bill passed. HB 2575 -- Report by Committee on Rules HB 3175 A-Eng. -- Read third time. Carried by recommending passage with amendments to the A- Shields. On passage of bill the vote was: Ayes, 29; engrossed bill. attending legislative business, 1 – Starr, B. Bill passed. HB 2688 -- Report by Committee on Water and Land Use recommending passage of the A-engrossed HB 3296 A-Eng. -- Read third time. Carried by bill. Walker. On passage of bill the vote was: Ayes, 27; nays, 2 – Carter, Schrader; attending legislative business, 1 – Starr, B. Bill passed. HB 2763 -- Report by Committee on Rules recommending passage with amendments. HB 2344, 2455, 2647, 2887, 2945, 3351, 3376 -- Carried over to June 4 calendar by unanimous HB 2898 -- Report by Committee on Water and consent at the request of the Chair. Land Use recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. SB 34, 82, 104, 105, 106, 110, 111, 112, 115, 117, 122, 123, 159, 185, 198, 200, 235, 253, 286, 534, 711, 714, 715, 734, 765, 870 -- President Courtney signed SB 69 B-Eng. -- Minnis moved that the Senate on June 3. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 22; absent, 2 – Ringo, Schrader; excused, 1 – Morrisette; Senate adjourned until 10:45 a.m. Wednesday by attending legislative business, 5 – Carter, Corcoran, unanimous consent at the request of the Chair. Gordly, Shields, Winters. Bill repassed.

Wednesday, June 4, 2003 -- Morning Session SB 285 A-Eng. -- Nelson moved that the Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 23; Senate convened at 10:45 a.m. President nays, 1 – Hannon; excused, 1 – Morrisette; attending Courtney in Chair. The following members were SENATE JOURNAL SJ-153

legislative business, 5 – Carter, Corcoran, Gordly, The following measures were referred to Shields, Winters. Bill repassed. committee on June 3 and recorded on Committee Referral List No. 56 which was distributed to SB 207 B-Eng. -- Metsger moved that the Senate members. Referral list recorded in the Journal and concur in House amendments and repass bill. On Status Report by order of the President. concurrence and repassage the vote was: Ayes, 23; nays, 2 – Hannon, Schrader; excused, 1 – Morrisette; HB 2217 Revenue attending legislative business, 4 – Carter, George, HB 2409 Judiciary Gordly, Winters. Bill repassed. HB 3328 Rules HB 2069, 2101, 2103, 2177, 2191, 2206, 2233, SB 516 -- Ferrioli moved that the Senate concur 2238, 2284, 2324, 2410, 2717, 2729, 2732, 2743, 2744, in House amendments and repass bill. Motion failed, 2821, 2866, 2873, 2999, 3122, 3156, 3157, 3212, 3316, the vote was: Ayes, 12; nays, 14 – Brown, Burdick, 3557 -- President Courtney signed on June 4. Corcoran, Deckert, Devlin, Dukes, Ferrioli, Metsger, Minnis, Ringo, Schrader, Shields, Walker, President Courtney; excused, 1 – Morrisette; attending Senate adjourned until 10:45 a.m. Thursday by legislative business, 3 – Carter, Gordly, Winters. unanimous consent at the request of the Chair. Senate refused to concur in House amendments. Ferrioli and Minnis, having voted on the prevailing Thursday, June 5, 2003 -- Morning Session side, served notice of possible reconsideration.

SB 858 B-Eng. -- Deckert moved that the Senate Senate convened at 10:45 a.m. President concur in House amendments and repass bill. Call of Courtney in Chair. The following members were the Senate demanded by Deckert joined by Atkinson present: Atkinson, Beyer, Burdick, Corcoran, and Corcoran. All present except Morrisette, excused; Deckert, Devlin, Ferrioli, Fisher, George, Gordly, Carter, Gordly, Winters, attending legislative Hannon, Harper, Messerle, Minnis, Morrisette, business. Pending arrival of members subject to the Morse, Nelson, Ringo, Shields, Starr, C., Walker, Call, Senate at ease. Further proceedings under the Winters; absent -- Brown, Carter, Dukes; excused -- Call terminated by unanimous consent at the request Clarno; attending legislative business -- Metsger, of the Chair. All present except, Morrisette, excused; Schrader, Starr, B. Colors were posted and the Senate Winters, attending legislative business. On pledged allegiance to the flag. Invocation by Senator concurrence and repassage the vote was: Ayes, 21; Jackie Winters, Salem. nays, 7 – Burdick, Carter, Dukes, Gordly, Ringo, Shields, Walker; excused, 1 – Morrisette; attending SB 328 -- Message from the Governor legislative business, 1 – Winters. Bill repassed. announcing he signed on June 4.

Senate recessed until 11:52 a.m. by unanimous HB 2661 -- Message from the House announcing consent on motion of Clarno. refusal to concur in Senate amendments. Conferees to be appointed. Senate reconvened at 11:52 a.m. President Courtney in Chair. All present except Morrisette, SB 5503, 5504, 5510, 5511, 5520; 470; HB 5025; excused; Carter, Deckert, Gordly, Ringo, Shields, 2325, 3582 -- Message from the House announcing Winters, attending legislative business. passage.

Senate, having recessed under the order of Committee Report Summary No. 96 listing the Propositions and Motions, resumed under the general following reports was distributed to members today. order of business by unanimous consent at the Summary list recorded in Journal and Status Report request of the Chair. by order of the President.

SB 5537 -- Read second time and passed to third SB 578 -- Report by Committee on Judiciary reading. recommending passage with amendments. Referred to Committee on Ways and Means by order of the HB 5001, 5005, 5006, 5017, 5047, 5054, 5055; President in agreement with the President Pro 2208, 2256, 2390 -- Read first time and referred to Tempore. President’s desk. HB 2174 -- Report by Committee on Judiciary HB 2407, 2688, 2694, 2986, 3372, 3422 -- Read recommending passage of the A-engrossed bill. second time and passed to third reading. HB 2342 -- Report by Committee on Judiciary HB 5007, 5032, 5033, 5043, 5053; 2247, 2344, recommending passage of the A-engrossed bill. 2388, 2455, 2647, 2754, 2887, 2933, 2945, 3094, 3351, 3371, 3376 -- Carried over to June 5 calendar by HB 3245 -- Report by Committee on Water and unanimous consent at the request of the Chair. Land Use recommending passage with amendments to the A-engrossed bill.

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HB 3250 -- Report by Committee on Judiciary HB 3351 A-Eng. -- Read third time. Carried by recommending passage with amendments to the A- Ringo. On passage of bill the vote was: Ayes, 22; engrossed bill. nays, 3 – Atkinson, George, Hannon; excused, 1 – Clarno; attending legislative business, 4 – Carter, HB 3318 -- Report by Committee on Judiciary Dukes, Schrader, Starr, B. Bill passed. recommending passage of the A-engrossed bill. HB 3376 A-Eng. -- Read third time. Carried by HB 3349 -- Report by Committee on Judiciary Beyer. On passage of bill the vote was: Ayes, 24; recommending passage. nays, 1 – Hannon; excused, 1 – Clarno; attending legislative business, 4 – Carter, Dukes, Schrader, HB 3370 -- Report by Committee on Judiciary Starr, B. Bill passed. recommending passage with amendments. HB 5007 A-Eng. -- Read third time. Carried by SB 516 -- Taken from its place on today's Gordly. On passage of bill the vote was: Ayes, 26; calendar and placed on June 9 calendar by excused, 1 – Clarno; attending legislative business, 3 unanimous consent at the request of the chair. – Carter, Dukes, Starr, B. Bill passed.

SB 65 A-Eng. -- Minnis moved that the Senate HB 5032 A-Eng. -- Read third time. Carried by concur in House amendments and repass bill. On Devlin. On passage of bill the vote was: Ayes, 23; concurrence and repassage the vote was: Ayes, 26; nays, 3 – Beyer, Hannon, Minnis; excused, 1 – Clarno; absent, 1 – Messerle; excused, 1 – Clarno; attending attending legislative business, 3 – Carter, Dukes, legislative business, 2 – Metsger, Schrader. Bill Starr, B. Bill passed. repassed. HB 5033 A-Eng. -- Read third time. Carried by SCR 6 -- Introduced, read first time and referred Devlin. On passage of bill the vote was: Ayes, 20; to President’s desk. nays, 5 – Atkinson, Beyer, George, Hannon, Minnis; excused, 1 – Clarno; attending legislative business, 4 – Carter, Dukes, Harper, Starr, B. Bill passed. SB 5537 A-Eng. -- Read third time. Carried by Gordly. Potential conflict of interest declared by Gordly. On passage of bill the vote was: Ayes, 26; HB 5043 A-Eng. -- Read third time. Carried by excused, 1 – Clarno; attending legislative business, 3 Devlin. On passage of bill the vote was: Ayes, 27; – Metsger, Schrader, Starr, B. Bill passed. excused, 1 – Clarno; attending legislative business, 2 – Carter, Dukes. Bill passed. HB 5025; 2325, 3582 -- Read first time and HB 5053 A-Eng. -- Read third time. Carried by referred to President’s desk. Winters. On passage of bill the vote was: Ayes, 27; excused, 1 – Clarno; attending legislative business, 2 HB 2174, 2197, 2342, 2575, 2763, 3318, 3349 -- – Carter, Dukes. Bill passed. Read second time and passed to third reading. HB 2247 -- Moved to the foot of today's third HB 2344 A-Eng. -- Read third time. Carried by reading calendar by unanimous consent at the Fisher. On passage of bill the vote was: Ayes, 26; request of the Chair. excused, 1 – Clarno; attending legislative business, 3 – Metsger, Schrader, Starr, B. Bill passed. HB 2388 B-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 27; excused, 1 – Clarno; attending legislative business, 2 HB 2455 C-Eng. -- Read third time. Carried by – Carter, Dukes. Bill passed. Deckert. On passage of bill the vote was: Ayes, 26; excused, 1 – Clarno; attending legislative business, 3 HB 2754 -- Read third time. Carried by Beyer. – Metsger, Schrader, Starr, B. Bill passed. On passage of bill the vote was: Ayes, 26; nays, 1 – Hannon; excused, 1 – Clarno; attending legislative HB 2647 A-Eng. -- Read third time. Carried by business, 2 – Carter, Dukes. Bill passed. Burdick. On passage of bill the vote was: Ayes, 27; excused, 1 – Clarno; attending legislative business, 2 HB 2933 A-Eng. -- Read third time. Carried by – Schrader, Starr, B. Bill passed. Starr, B. On passage of bill the vote was: Ayes, 24; nays, 3 – Hannon, Ringo, Schrader; excused, 1 – Clarno; attending legislative business, 2 – Carter, HB 2887 A-Eng. -- Read third time. Carried by Dukes. Bill passed. Corcoran. On passage of bill the vote was: Ayes, 27; excused, 1 – Clarno; attending legislative business, 2 HB 3094 -- Moved to the foot of today's third – Schrader, Starr, B. Bill passed. (Winters in Chair) reading calendar by unanimous consent at the request of the Chair. HB 2945 A-Eng. -- Read third time. Carried by Fisher. On passage of bill the vote was: Ayes, 27; HB 3371 -- Read third time. Carried by Burdick. excused, 1 – Clarno; attending legislative business, 2 On passage of bill the vote was: Ayes, 27; excused, 1 – – Schrader, Starr, B. Bill passed. (President Courtney Clarno; attending legislative business, 2 – Carter, in Chair) Dukes. Bill passed. SENATE JOURNAL SJ-155

HB 2247, 2407, 2688, 2694, 2986, 3094, 3372, Report by Committee on Rules recommending 3422 -- Carried over to June 6 calendar by unanimous that the Governor’s appointments of Bridget Burns consent at the request of the Chair. (appearance waived) and Rachel Pilliod (appearance waived) to the State Board of Higher Education be Senate adjourned until 10:45 a.m. Friday by confirmed en bloc. unanimous consent at the request of the Chair. Report by Committee on Rules recommending that the Governor’s reappointment of Suresht Bald Friday, June 6, 2003 -- Morning Session (appearance waived) to the Board of Medical Examiners be confirmed. Senate convened at 10:45 a.m. President Pro Tempore Hannon in Chair. The following members Report by Committee on Rules recommending were present: Atkinson, Beyer, Burdick, Carter, that the Governor’s appointments of Joana Freedman Corcoran, Deckert, Devlin, Ferrioli, Fisher, George, (appearance waived), and Jerry Nickell (r) Gordly, Harper, Messerle, Metsger, Minnis, Morse, (appearance waived) to the Physical Therapist Nelson, Shields, Starr, B., Starr, C., Walker, Winters, Licensing Board be confirmed en bloc. President Courtney; absent -- Brown, Dukes, Ringo, Schrader; excused -- Clarno, Morrisette. Colors were HCR 11; HB 3245, 3250, 3370 -- Read second posted and the Senate pledged allegiance to the flag. time and passed to third reading. Invocation by Senator Frank Morse, Corvallis. HB 2247 -- Read third time. Carried by Dukes. SB 5532, 5538, 5540, 5544 -- Message from the On passage of bill the vote was: Ayes, 22; nays, 5 – House announcing passage. Atkinson, Beyer, Hannon, Nelson, Starr, B.; excused, 3 – Clarno, George, Morrisette. Bill passed. SB 46 -- Message from the House announcing passage as amended by the House. HB 3094 A-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 27; SB 34, 82, 104, 105, 106, 110, 111, 112, 115, 117, excused, 3 – Clarno, George, Morrisette. Bill passed. 122, 123, 159, 185, 198, 200, 235, 253, 286, 534, 711, 714, 715, 734, 765, 870; HCR 8, 9; HB 5002; 2114, HB 2407 C-Eng. -- Read third time. Carried by 2298, 2592, 2631, 2670, 2765, 2885, 2893, 3015, 3058, Corcoran. Call of the Senate demanded by Brown 3061, 3107, 3317, 3361, 3363, 3366, 3601, 3615 -- joined by Gordly and Devlin. All present except Message from the House announcing the Speaker Clarno, George, Morrisette, excused. On passage of signed on June 5. bill the vote was: Ayes, 16; nays, 11 – Atkinson, Beyer, Carter, Fisher, Hannon, Harper, Messerle, Committee Report Summary No. 97 listing the Morse, Nelson, Starr, C., Winters; excused, 3 – following reports was distributed to members today. Clarno, George, Morrisette. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 2688 A-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 27; SB 540 -- Report by Special Committee on The excused, 3 – Clarno, George, Morrisette. Bill passed. Oregon Health Plan without recommendation as to passage, but with amendments. Referred to HB 2694 B-Eng. -- Read third time. Carried by Committee on Ways and Means by prior reference. Starr, C. On passage of bill the vote was: Ayes, 27; excused, 3 – Clarno, George, Morrisette. Bill passed. HCR 11 -- Report by Committee on Rules recommending adoption. HB 2986 B-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 26; Report by Committee on Rules recommending nays, 1 – Hannon; excused, 3 – Clarno, George, that the Governor’s appointment of Michael McFall Morrisette. Bill passed. (appearance waived) to the State Apprenticeship and Training Council be confirmed. HB 3372 B-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 24; Report by Committee on Rules recommending nays, 3 – Atkinson, Dukes, Schrader; excused, 3 – that the Governor’s reappointment of Walt Gamble Clarno, George, Morrisette. Bill passed. (appearance waived) and appointment of Sandra Trainor (appearance waived) to the Construction HB 3422 B-Eng. -- Read third time. Carried by Contractors Board be confirmed en bloc. Corcoran. On passage of bill the vote was: Ayes, 26; nays, 1 – Schrader; excused, 3 – Clarno, George, Report by Committee on Rules recommending Morrisette. Bill passed. that the Governor’s appointment of Paul Gamson (appearance waived) to the Employment Relations HB 2174 A-Eng. -- Read third time. Carried by Board be confirmed. Starr, C. On passage of bill the vote was: Ayes, 26; nays, 1 – Schrader; excused, 3 – Clarno, George, Morrisette. Bill passed.

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HB 2197 B-Eng. -- Read third time. Carried by Committee Report Summary No. 98 listing the Ferrioli. Potential conflict of interest declared by following reports was distributed to members today. Beyer, Corcoran, Ferrioli. On passage of bill the vote Summary list recorded in Journal and Status Report was: Ayes, 27; excused, 3 – Clarno, George, by order of the President. Morrisette. Bill passed. SB 5542 -- Report by Committee on Ways and HB 2342 A-Eng. -- Read third time. Carried by Means recommending passage with amendments. Walker. On passage of bill the vote was: Ayes, 24; nays, 2 – Nelson, Schrader; excused, 3 – Clarno, HB 2095 -- Report by Committee on Judiciary George, Morrisette; attending legislative business, 1 – recommending passage with amendments. Referred Messerle. Bill passed. to Committee on Ways and Means by prior reference.

HB 2575 B-Eng. -- Read third time. Carried by HB 2275 -- Report by Committee on Judiciary Burdick. On passage of bill the vote was: Ayes, 25; recommending passage of the A-engrossed bill. nays, 1 – Hannon; excused, 3 – Clarno, George, Morrisette; attending legislative business, 1 – HB 2276 -- Report by Committee on Judiciary Messerle. Bill passed. recommending passage of the A-engrossed bill.

HB 2763 A-Eng. -- Read third time. Carried by HB 2425 -- Report by Committee on Judiciary Corcoran. On passage of bill the vote was: Ayes, 24; recommending passage of the A-engrossed bill. nays, 2 – Hannon, Schrader; excused, 3 – Clarno, George, Morrisette; attending legislative business, 1 – Messerle. Bill passed. HB 2490 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. HB 3318 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; Senate recessed until 11:10 a.m. by unanimous excused, 3 – Clarno, George, Morrisette; attending consent on motion of Brown. legislative business, 1 – Messerle. Bill passed. Senate reconvened at 11:10 a.m. President HB 3349 -- Read third time. Carried by Ferrioli. Courtney in Chair. All present except Clarno, On passage of bill the vote was: Ayes, 25; nays, 1 – Ferrioli, attending legislative business. Gordly; excused, 3 – Clarno, George, Morrisette; attending legislative business, 1 – Messerle. Bill Senate, having recessed under the order of passed. Propositions and Motions, resumed under the general order of business by unanimous consent at the HB 3058 -- President Courtney signed on June 6. request of the Chair.

Senate adjourned until 10:45 a.m. Monday by SB 516 C-Eng. -- Ferrioli moved that the vote unanimous consent at the request of the Chair. whereby motion to concur and repass failed the Senate on June 4 be reconsidered. The vote was: Ayes, 15; nays, 12 – Brown, Burdick, Carter, Deckert, Monday, June 9, 2003 -- Morning Session Devlin, Gordly, Metsger, Morrisette, Ringo, Schrader, Walker, President Courtney; excused, 1 – Shields; attending legislative business, 2 – Corcoran, Dukes. Senate convened at 10:45 a.m. President Motion carried. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Clarno, Parliamentary inquiry by Metsger asking the Deckert, Devlin, Dukes, Ferrioli, Fisher, George, number of times a motion to reconsider can be made. Gordly, Hannon, Harper, Metsger, Minnis, The chair advised that a motion to reconsider can Morrisette, Morse, Nelson, Ringo, Schrader, Starr, B., only be made once. Starr, C., Walker, Winters; absent -- Carter, Messerle; excused -- Shields; attending legislative SB 516 -- Call of the Senate demanded by Beyer business -- Corcoran. Colors were posted and the joined by Atkinson and Morse. All present except Senate pledged allegiance to the flag. Invocation by Shields, excused; Corcoran, Dukes, attending Senator Beverly Clarno, Bend. legislative business.

HB 11, 32, 42, 70, 71, 72, 137, 167, 205, 223, 241, SB 516 C-Eng. -- Ferrioli moved that the Senate 243, 250, 327, 401, 514, 525, 554, 584, 661, 663, 667, concur in House amendments and repass bill. Motion 832 -- Message from the Governor announcing he failed, the vote was: Ayes, 15; nays, 12 – Brown, signed on June 6. Burdick, Carter, Deckert, Devlin, Gordly, Metsger, Morrisette, Ringo, Schrader, Walker, President SB 646, 647; HB 5010, 5024, 5026, 5037; 2308, Courtney; excused, 1 – Shields; attending legislative 2747 -- Message from the House announcing passage. business, 2 – Corcoran, Dukes. Senate refused to concur in House amendments. SB 19, 348 -- Message from the House announcing passage as amended by the House. SENATE JOURNAL SJ-157

SB 18 B-Eng. -- Gordly moved that the Senate HB 3245 B-Eng. -- Read third time. Carried by concur in House amendments and repass bill. On Atkinson. On passage of bill the vote was: Ayes, 26; concurrence and repassage the vote was: Ayes, 27; excused, 1 – Shields; attending legislative business, 3 excused, 1 – Shields; attending legislative business, 2 – Corcoran, Dukes, Starr, B. Bill passed. – Corcoran, Dukes. Bill repassed. HB 3250 B-Eng. -- Read third time. Carried by SB 46 B-Eng. -- Minnis moved that the Senate Walker. On passage of bill the vote was: Ayes, 26; concur in House amendments and repass bill. On excused, 1 – Shields; attending legislative business, 3 concurrence and repassage the vote was: Ayes, 27; – Corcoran, Dukes, Starr, B. Bill passed. excused, 1 – Shields; attending legislative business, 2 – Corcoran, Dukes. Bill repassed. HB 3370 A-Eng. -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 25; Rules suspended by unanimous consent in order nays, 1 – Schrader; excused, 1 – Shields; attending that the Senate may take en bloc action on the legislative business, 3 – Corcoran, Dukes, Starr, B. confirmation of the following appointments on motion Bill passed. of Burdick. The following measures were referred to committee on June 8 and recorded on Committee State Apprenticeship and Training Council Referral List No. 57 which was distributed to Michael McFall members. Referral list recorded in the Journal and Status Report by order of the President. Construction Contractors Board SCR 6 Rules Walt Gamble (r) HB 5001 Ways and Means Sandra Trainor HB 5005 Ways and Means HB 5006 Ways and Means Employment Relations Board HB 5017 Ways and Means HB 5025 Ways and Means Paul Gamson HB 5047 Ways and Means HB 5054 Ways and Means State Board of Higher Education HB 5055 Ways and Means Bridget Burns HB 2208 Ways and Means Rachel Pilliod HB 2256 Ways and Means HB 2325 Ways and Means Board of Medical Examiners HB 2390 Rules Suresht Bald (r) HB 3582 Revenue SB 5549; 35, 41, 47, 64, 69, 179, 206, 213, 227, Physical Therapist Licensing Board 237, 245, 259, 304, 331, 341, 419, 436, 508, 596, 604, Joana Freedman 611, 628, 716, 749, 761, 801, 882, 885; HCR 8, 9; HB Jerry Nickell (r) 5002; 2114, 2298, 2592, 2631, 2670, 2765, 2784, 2885, 2893, 3015, 3061, 3107, 3307, 3317, 3363, 3361, 3366, Under rules suspension, Burdick moved that the 3370, 3601, 3615 -- President Courtney signed on Senate confirm en bloc the Governor’s appointments June 9. as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 27; excused, 1 – HB 2661 -- Metsger, Starr, B. appointed Senate Shields; attending legislative business, 2 – Corcoran, conferees. Dukes. Confirmed en bloc. Senate adjourned until 10:45 a.m. Tuesday by SB 899 -- Introduced, read first time and unanimous consent at the request of the Chair. referred to President’s desk.

HB 5010, 5024, 5026, 5037; 2308, 2747 -- Read Tuesday, June 10, 2003 -- Morning Session first time and referred to President’s desk. Senate convened at 10:45 a.m. President Pro HB 2275, 2276, 2425, 2490 -- Read second time Tempore Hannon in Chair. The following members and passed to third reading. were present: Atkinson, Beyer, Brown, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, HCR 11 -- Read final time. Carried by Hannon. Fisher, George, Gordly, Messerle, Metsger, Minnis, On adoption of resolution, the vote was: Ayes, 26; Morrisette, Morse, Nelson, Ringo, Starr, B., Starr, C., excused, 1 – Shields; attending legislative business, 3 Winters, President Courtney; absent -- Burdick, – Corcoran, Dukes, Starr, B. Resolution adopted. Harper, Schrader, Walker; excused -- Shields. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Bruce Starr, Aloha.

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HB 2537 -- Message from the House announcing HB 2537 -- Read first time and referred to passage. President’s desk.

HB 2455, 2933, 3296, 3351 -- Message from the HB 2682, 2733, 2736 -- Read second time and House announcing concurrence in Senate passed to third reading. amendments and repassage. HB 2275 A-Eng. -- Read third time. Carried by HB 2388 -- Message from the House announcing Starr, C. On passage of bill the vote was: Ayes, 27; refusal to concur in Senate amendments. Conferees to excused, 1 – Shields; attending legislative business, 2 be appointed. – Harper, Schrader. Bill passed.

Committee Report Summary No. 99 listing the HB 2276 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Starr, C. On passage of bill the vote was: Ayes, 27; Summary list recorded in Journal and Status Report excused, 1 – Shields; attending legislative business, 2 by order of the President. – Harper, Schrader. Bill passed.

SJR 2 -- Report by Committee on Revenue HB 2425 A-Eng. -- Read third time. Carried by recommending adoption with amendments. Ringo. On passage of bill the vote was: Ayes, 27; excused, 1 – Shields; attending legislative business, 2 SB 5 -- Report by Committee on Revenue – Harper, Schrader. Bill passed. recommending passage with amendments. HB 2490 A-Eng. -- Read third time. Carried by SB 610 -- Report by Committee on Judiciary Walker. On passage of bill the vote was: Ayes, 27; recommending passage with amendments. excused, 1 – Shields; attending legislative business, 2 – Harper, Schrader. Bill passed. HB 2066 -- Report by Committee on Judiciary recommending passage with amendments to the A- Senate adjourned until 10:45 a.m. Wednesday by engrossed bill. unanimous consent at the request of the Chair.

HB 2581 -- Report by Committee on Judiciary Wednesday, June 11, 2003 -- Morning Session recommending passage with amendments to the A- engrossed bill. Senate convened at 10:45 a.m. Deckert in Chair. HB 2682 -- Report by Committee on Judiciary The following members were present: Atkinson, recommending passage of the A-engrossed bill. Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Devlin, Dukes, Ferrioli, Fisher, George, Hannon, HB 2733 -- Report by Committee on Judiciary Harper, Messerle, Metsger, Minnis, Morrisette, recommending passage of the A-engrossed bill. Morse, Nelson, Ringo, Starr, B., Starr, C., Winters, President Courtney; excused -- Gordly, Shields, HB 2736 -- Report by Committee on Judiciary Walker; attending legislative business -- Schrader. recommending passage. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator David Nelson, Pendleton. HB 3389 -- Report by Committee on Judiciary recommending passage with amendments to the A- engrossed bill. SB 14, 17, 33, 37, 38, 39, 43, 45, 67, 74, 118, 119, 127, 136, 161, 191, 194, 199, 216, 226, 229, 255, 258, 289, 311, 315 -- Message from the Governor SB 19 B-Eng. -- Minnis moved that the Senate announcing he signed on June 10. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 26; absent, 1 – Ringo; excused, 1 – Shields; attending SB 5519, 5521, 5524, 5536, 5539, 5545; 103 -- legislative business, 2 – Harper, Schrader. Bill Message from the House announcing passage. repassed. SB 228, 808 -- Message from the House SB 348 B-Eng. -- Minnis moved that the Senate announcing passage as amended by the House. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 27; HB 2197, 2575, 2694, 2763, 2986, 3372, 3422 -- excused, 1 – Shields; attending legislative business, 2 Message from the House announcing concurrence in – Harper, Schrader. Bill repassed. Senate amendments and repassage.

SB 901 -- Introduced, read first time and HB 2388 -- Message from the House announcing referred to President’s desk. Brown, Beyer, Mabrey appointed House conferees.

SB 5542 -- Read second time and passed to third HB 2661 -- Message from the House announcing reading. Brown, Greenlick, Miller appointed House conferees. SENATE JOURNAL SJ-159

SB 5549; 35, 41, 47, 64, 69, 179, 206, 213, 227, members. Referral list recorded in the Journal and 237, 245, 259, 304, 331, 341, 419, 436, 508, 596, 604, Status Report by order of the President. 611, 628, 716, 749, 761, 801, 882, 885; HB 2074, 2111, 2113, 2118, 2138, 2381, 2521, 2606, 2638, 2711, 2803, SB 899 Rules 2894, 2915, 3152, 3175, 3184 -- Message from the SB 901 Rules House announcing the Speaker signed on June 10. HB 5010 Ways and Means HB 5024 Ways and Means Committee Report Summary No. 100 listing the HB 5026 Ways and Means following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 5037 Ways and Means by order of the President. HB 2308 Judiciary HB 2537 Rules SB 895 -- Report by Committee on Judiciary HB 2747 Revenue recommending passage with amendments. HB 2388 -- Metsger, Starr, B. appointed Senate conferees. HB 2221 -- Report by Committee on Judiciary recommending passage with amendments to the A- engrossed bill. SB 5503, 5504, 5510, 5511, 5520, 5532, 5538, 5540, 5544; 65, 207, 285, 470, 858; HB 2111, 2638, 2711, 2803, 2894, 2915, 3152, 3175 -- President HB 2727 -- Report by Committee on Judiciary Courtney signed on June 11. recommending passage. Senate adjourned until 10:45 a.m. Thursday by HB 2756 -- Report by Committee on Judiciary unanimous consent at the request of the Chair. recommending passage of the A-engrossed bill.

HB 2811 -- Report by Committee on Judiciary Thursday, June 12, 2003 -- Morning Session recommending passage with amendments to the A- engrossed bill. Senate convened at 10:45 a.m. President HB 3093 -- Report by Committee on Judiciary Courtney in Chair. The following members were recommending passage with amendments to the A- present: Atkinson, Beyer, Brown, Burdick, Carter, engrossed bill. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Ringo, Schrader, SB 902 -- Introduced, read first time and Starr, B., Starr, C., Walker, Winters; excused -- referred to President’s desk. Nelson, Shields. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor SJR 2; SB 5, 610 -- Read second time and passed Steve Hopkins of Calvary Chapel, Salem. to third reading. SB 456; HB 2089, 2857, 3632 -- Message from SB 5542 A-Eng. -- Read third time. Carried by the House announcing passage. Winters. On passage of bill the vote was: Ayes, 25; nays, 1 – Beyer; excused, 3 – Gordly, Shields, Walker; HB 3245, 3250, 3370 -- Message from the House attending legislative business, 1 – Schrader. Bill announcing concurrence in Senate amendments and passed. repassage.

HB 2066, 2581, 2727, 2756, 3389 -- Read second HB 2407 -- Message from the House announcing time and passed to third reading. refusal to concur in Senate amendments.

HB 2682 A-Eng. -- Read third time. Carried by HB 2407 -- Message from the House announcing Ferrioli. On passage of bill the vote was: Ayes, 27; Knopp, Brown, Macpherson appointed House excused, 3 – Gordly, Shields, Walker. Bill passed. conferees.

HB 2733 A-Eng. -- Read third time. Carried by Committee Report Summary No. 101 listing the Minnis. On passage of bill the vote was: Ayes, 27; following reports was distributed to members today. excused, 3 – Gordly, Shields, Walker. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 2736 -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 27; excused, 3 – SB 5505 -- Report by Committee on Ways and Gordly, Shields, Walker. Bill passed. Means recommending passage with amendments.

The following measures were referred to SB 5541 -- Report by Committee on Ways and committee on June 10 and recorded on Committee Means recommending passage with amendments. Referral List No. 58 which was distributed to

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HCR 10 -- Report by Committee on Rules SB 5 A-Eng. -- Read third time. Carried by recommending adoption of the A-engrossed Morse. On passage of bill the vote was: Ayes, 20; resolution. nays, 8 – Atkinson, Beyer, Ferrioli, Fisher, George, Hannon, Harper, Starr, B.; excused, 2 – Nelson, HB 5001 -- Report by Committee on Ways and Shields. Bill passed. Means recommending passage of the A-engrossed bill. SB 610 A-Eng. -- Read third time. Carried by HB 5005 -- Report by Committee on Ways and Brown. On passage of bill the vote was: Ayes, 20; Means recommending passage of the A-engrossed bill. nays, 8 – Beyer, Clarno, Ferrioli, Fisher, George, Hannon, Harper, Messerle; excused, 2 – Nelson, HB 5006 -- Report by Committee on Ways and Shields. Bill passed. Means recommending passage of the A-engrossed bill. HB 2089, 2857, 3632 -- Read first time and HB 5017 -- Report by Committee on Ways and referred to President’s desk. Means recommending passage of the A-engrossed bill. HCR 10; HB 5001, 5005, 5006, 5017, 5025, 5047, HB 5025 -- Report by Committee on Ways and 5054, 5055; 2208, 2221, 2256, 2325, 2811, 3093 -- Means recommending passage. Read second time and passed to third reading.

HB 5047 -- Report by Committee on Ways and HB 2066 B-Eng. -- Read third time. Carried by Means recommending passage of the A-engrossed bill. Ringo. On passage of bill the vote was: Ayes, 26; nays, 1 – Schrader; excused, 2 – Nelson, Shields; attending legislative business, 1 – Morse. Bill passed. HB 5054 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. HB 2581 -- Read third time. Carried by Starr, C. Bill failed; the vote was: Ayes, 12; nays, 15 – Carter, HB 5055 -- Report by Committee on Ways and Corcoran, Deckert, Devlin, Dukes, Fisher, George, Means recommending passage. Gordly, Hannon, Messerle, Metsger, Minnis, Morrisette, Schrader, Walker; excused, 2 – Nelson, HB 2208 -- Report by Committee on Ways and Shields; attending legislative business, 1 – Morse. Bill Means recommending passage of the B-engrossed bill. failed. Minnis, having voted on the prevailing side, served notice of possible reconsideration. HB 2256 -- Report by Committee on Ways and Means recommending passage of the B-engrossed bill. HB 2727, 2756, 3389 -- Carried over to June 13 calendar by unanimous consent at the request of the HB 2325 -- Report by Committee on Ways and Chair. Means recommending passage of the A-engrossed bill. Senate adjourned until 10:45 a.m. Friday by HB 2422 -- Report by Committee on Judiciary unanimous consent at the request of the Chair. recommending passage with amendments.

HB 3259 -- Report by Committee on Judiciary Friday, June 13, 2003 -- Morning Session recommending passage with amendments to the A- engrossed bill. Senate convened at 10:45 a.m. President Pro Tempore Hannon in Chair. The following members SB 673 B-Eng. -- Messerle moved that the were present: Atkinson, Beyer, Brown, Burdick, Senate concur in House amendments and repass bill. Carter, Corcoran, Devlin, Dukes, Ferrioli, Fisher, On concurrence and repassage the vote was: Ayes, 27; Gordly, Harper, Messerle, Metsger, Minnis, nays, 1 – Hannon; excused, 2 – Nelson, Shields. Bill Morrisette, Ringo, Schrader, Shields, Starr, B., Starr, repassed. C., Winters, President Courtney; excused -- Clarno, George, Morse, Nelson, Walker; attending legislative SCR 7 -- Introduced, read first time and referred business -- Deckert. Colors were posted and the to President’s desk. Senate pledged allegiance to the flag. Invocation by Pastor Gordon Bergman of the Kingwood Bible SB 895 -- Read second time and passed to third Church, Salem. reading. SB 8, 68, 154, 230, 292, 303, 306, 372, 390, 393, SJR 2 A-Eng. -- Read final time. Carried by 397, 434, 457, 487, 515, 575, 588, 602, 603, 618, 641, Morse. Call of the Senate demanded by Morse joined 692, 713, 724, 739, 764, 771, 787, 803, 807, 822, 876 -- by Brown and Winters. All present except Nelson, Message from the Governor announcing he signed on Shields, excused. On adoption of resolution, the vote June 12. was: Ayes, 21; nays, 7 – Atkinson, Beyer, Ferrioli, Fisher, George, Hannon, Starr, B.; excused, 2 – The following messages from the Governor were Nelson, Shields. Resolution adopted. read and referred to the Committee on Rules.

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June 12, 2003 and ending June 30, 2006, effective upon Senate confirmation. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY This appointment is submitted for your consideration. ORS 417.730 provides that the Governor shall appoint the Sincerely, 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. Committee Report Summary No. 102 listing the I appoint Samuel Henry of Troutdale to the State following reports was distributed to members today. Commission on Children and Families for an unexpired Summary list recorded in Journal and Status Report four-year term, as provided by statute, beginning June 1, by order of the President. 2003, and ending September 30, 2005, effective upon Senate confirmation. SB 751 -- Report by Committee on This appointment is submitted for your consideration. Transportation and Economic Development recommending passage with amendments and Sincerely, requesting subsequent referral to Committee on Ways Ted Kulongoski Governor and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with the President Pro Tempore. June 12, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE HB 5010 -- Report by Committee on Ways and OF THE 72nd LEGISLATIVE ASSEMBLY Means recommending passage of the A-engrossed bill. ORS 240.060 provides that the Governor shall appoint the members of the Employment Relations Board subject to HB 5024 -- Report by Committee on Ways and Senate confirmation, in the manner provided by ORS Means recommending passage of the A-engrossed bill. 171.562 and ORS 171.565. I appoint Luella Nelson of Portland to the Employment HB 5026 -- Report by Committee on Ways and Relations Board for a four-year term, as provided by Means recommending passage of the A-engrossed bill. statute, beginning September 1, 2003, and ending June 30, 2007, effective upon Senate confirmation. HB 5037 -- Report by Committee on Ways and This appointment is submitted for your consideration. Means recommending passage of the A-engrossed bill. Sincerely, HB 2581 -- Action on reconsideration of vote. Ted Kulongoski Governor Taken from its place on today’s calendar and placed on June 16 calendar by voice vote on motion of Minnis. June 12, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE SB 5505, 5541 -- Read second time and passed to OF THE 72nd LEGISLATIVE ASSEMBLY third reading. ORS 678.800 provides that the Governor shall appoint the members of the Board of Examiners of Nursing Home SB 895 A-Eng. -- Read third time. Carried by Administrators subject to Senate confirmation, in the Ferrioli. On passage of bill the vote was: Ayes, 19; manner provided by ORS 171.562 and ORS 171.565. nays, 2 – Beyer, Hannon; absent, 1 – Dukes; excused, 5 – Clarno, George, Morse, Nelson, Walker; attending I appoint Rob Hays of Milton-Freewater to the Board of legislative business, 3 – Carter, Deckert, President Examiners of Nursing Home Administrators for a three- year term, as provided by statute, beginning July 1, 2003, Courtney. Bill passed. and ending June 30, 2006, effective upon Senate confirmation. HB 5010, 5024, 5026, 5037; 2422, 3259 -- Read second time and passed to third reading. This appointment is submitted for your consideration. Sincerely, HCR 10 A-Eng. -- Read final time. Carried by Ted Kulongoski Governor Minnis. On adoption of resolution, the vote was: Ayes, 21; nays, 1 – Schrader; excused, 5 – Clarno, George, Morse, Nelson, Walker; attending legislative June 12, 2003 business, 3 – Carter, Deckert, President Courtney. TO THE HONORABLE PRESIDENT OF THE SENATE Resolution adopted. OF THE 72nd LEGISLATIVE ASSEMBLY HB 2727 -- Read third time. Carried by Minnis. ORS 678.800 provides that the Governor shall appoint the On passage of bill the vote was: Ayes, 22; excused, 5 – members of the Board of Examiners of Nursing Home Administrators subject to Senate confirmation, in the Clarno, George, Morse, Nelson, Walker; attending manner provided by ORS 171.562 and ORS 171.565. legislative business, 3 – Carter, Deckert, President Courtney. Bill passed. I reappoint Dolores Hubert of Portland to the Board of Examiners of Nursing Home Administrators for a three- year term, as provided by statute, beginning July 1, 2003, HB 2756 A-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 20;

SJ-162 SENATE JOURNAL nays, 2 – Devlin, Schrader; excused, 5 – Clarno, HB 2221, 2256, 2325, 2811, 3093 -- Carried over George, Morse, Nelson, Walker; attending legislative to June 16 calendar by unanimous consent at the business, 3 – Carter, Deckert, President Courtney. request of the Chair. Bill passed. The Chair announced that President Courtney HB 3389 B-Eng. -- Read third time. Carried by made the following committee assignments effective Minnis. On passage of bill the vote was: Ayes, 21; April 2. nays, 1 – Hannon; excused, 5 – Clarno, George, Morse, Nelson, Walker; attending legislative business, 3 – Carter, Deckert, President Courtney. OREGON LAW COMMISSION (ORS 173.315) Bill passed. Senator Kate Brown HB 5001 A-Eng. -- Read third time. Carried by Senator Vicki Walker Devlin. On passage of bill the vote was: Ayes, 21; HB 2407 -- Corcoran, Minnis appointed Senate nays, 1 – Minnis; excused, 5 – Clarno, George, Morse, conferees. Nelson, Walker; attending legislative business, 3 – Carter, Deckert, President Courtney. Bill passed. SB 646, 647 -- President Courtney signed on June 13. HB 5005 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 18; Senate adjourned until 10:45 a.m. Monday by nays, 6 – Atkinson, Beyer, Ferrioli, Fisher, Hannon, unanimous consent at the request of the Chair. Minnis; excused, 5 – Clarno, George, Morse, Nelson, Walker; attending legislative business, 1 – Deckert. Bill passed. Monday, June 16, 2003 -- Morning Session

HB 5006 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 19; Senate convened at 10:45 a.m. President nays, 6 – Atkinson, Beyer, Ferrioli, Fisher, Hannon, Courtney in Chair. The following members were Minnis; excused, 5 – Clarno, George, Morse, Nelson, present: Atkinson, Beyer, Brown, Burdick, Carter, Walker. Bill passed. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Schrader, HB 5017 A-Eng. -- Read third time. Carried by Shields, Starr, B., Starr, C., Winters; absent -- Dukes. On passage of bill the vote was: Ayes, 23; Nelson, Ringo, Walker. Colors were posted and the nays, 2 – Hannon, Minnis; excused, 5 – Clarno, Senate pledged allegiance to the flag. Invocation by George, Morse, Nelson, Walker. Bill passed. Senator Gary George, Newberg.

HB 5025 -- Read third time. Carried by Gordly. SB 34, 82, 104, 105, 106, 110, 111, 112, 115, 117, On passage of bill the vote was: Ayes, 20; nays, 5 – 122, 123, 159, 185, 198, 200, 235, 253, 286, 534, 711, Atkinson, Beyer, Hannon, Minnis, Starr, B.; excused, 714, 715, 734, 765, 870 -- Message from the Governor 5 – Clarno, George, Morse, Nelson, Walker. Bill announcing he signed on June 13. passed. SB 564 -- Message from the House announcing HB 5047 A-Eng. -- Read third time. Carried by passage as amended by the House. Gordly. On passage of bill the vote was: Ayes, 22; nays, 3 – Beyer, Fisher, Minnis; excused, 5 – Clarno, George, Morse, Nelson, Walker. Bill passed. Committee Report Summary No. 103 listing the following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 5054 A-Eng. -- Read third time. Carried by by order of the President. Gordly. On passage of bill the vote was: Ayes, 22; nays, 3 – Beyer, Hannon, Minnis; excused, 5 – Clarno, George, Morse, Nelson, Walker. Bill passed. SB 6 -- Report by Committee on Revenue recommending passage with amendments. Referred to Committee on Ways and Means by prior reference. Courtesies of the Senate were extended to former Governor and U.S. Senator Mark O. Hatfield at the request of the Gordly. SB 899 -- Report by Committee on Rules recommending passage. HB 5055 -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 21; nays, 4 – HB 2671 -- Report by Committee on Revenue Atkinson, Beyer, Hannon, Minnis; excused, 5 – recommending passage with amendments to the A- Clarno, George, Morse, Nelson, Walker. Bill passed. engrossed bill.

HB 2208 B-Eng. -- Read third time. Carried by HB 3616 -- Report by Committee on Revenue Dukes. On passage of bill the vote was: Ayes, 24; recommending passage of the B-engrossed bill. nays, 1 – Hannon; excused, 5 – Clarno, George, Morse, Nelson, Walker. Bill passed. SENATE JOURNAL SJ-163

Report by Committee on Rules recommending HB 2256 B-Eng. -- Read third time. Carried by that the Governor’s appointment of Minga Guerrero Messerle. On passage of bill the vote was: Ayes, 27; (appearance waived) to the State Board of nays, 2 – Hannon, Nelson; attending legislative Chiropractic Examiners be confirmed. business, 1 – Atkinson. Bill passed.

Report by Committee on Rules recommending HB 2325 -- Read third time. Taken from its that the Governor’s appointment of Jerry Berger (r) place on today’s third reading calendar and placed on (appearance waived), Steve Bogart (appearance June 17 calendar by voice vote on motion of Gordly. waived), and Nikki Squire (appearance waived) to the State Board of Education be confirmed en bloc. HB 2811 B-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 25; Report by Committee on Rules recommending nays, 5 – Carter, Hannon, Morrisette, Nelson, that the Governor’s appointment of Merry VanAtta Shields. Bill passed. (appearance waived), Gerald Zielinski (r) (appearance waived) to the State Board of Tax Practitioners be HB 3093 B-Eng. -- Read third time. Carried by confirmed en bloc. Burdick. On passage of bill the vote was: Ayes, 20; nays, 10 – Brown, Corcoran, George, Gordly, Hannon, Report by Committee on Rules recommending Metsger, Morrisette, Shields, Walker, President that the Governor’s appointment of Michael Nelson Courtney. Bill passed. (appearance waived) to the Oregon Transportation Commission be confirmed. HB 5010, 5024, 5026, 5037; 2422, 3259 -- Carried over to June 17 calendar by unanimous consent at the HB 2581 B-Eng. -- Pursuant to notice given June request of the Chair. 12, Minnis moved that the vote whereby bill failed to pass the Senate be reconsidered. Motion to reconsider The following measures were referred to carried. Ayes, 23; nays, 7 – Deckert, Devlin, Dukes, committee on June 13 and recorded on Committee Hannon, Schrader, Walker, President Courtney. Vote Referral List No. 60 which was distributed to reconsidered. members. Referral list recorded in the Journal and Status Report by order of the President. HB 2581 B-Eng. -- Bill read. Carried by Minnis. On passage of bill the vote was: Ayes, 18; nays, 12 – State Commission on Children and Families (ORS Beyer, Carter, Devlin, Dukes, Gordly, Hannon, 417.730) Harper, Metsger, Schrader, Shields, Walker, President Courtney. Bill passed. Samuel Henry Rules

SB 228 -- Taken from today’s calendar and Employment Relations Board (ORS 240.065) placed on June 17 calendar by unanimous consent at Luella Nelson Rules the request of the Chair.

SB 808 B-Eng. -- Minnis moved that the Senate Board of Examiners of Nursing Home Administrators concur in House amendments and repass bill. On (ORS 678.800) concurrence and repassage the vote was: Ayes, 30. Rob Hays Rules Bill repassed. Dolores Hubert (r) Rules SB 751, 899 -- Read second time and passed to SB 18, 19, 46, 348; HB 2074, 2113, 2118, 2138, third reading. 2381, 2521, 2606, 3184 -- President Courtney signed on June 16. SB 5505 A-Eng. -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 29; Senate adjourned until 10:45 a.m. Tuesday by attending legislative business, 1 – Atkinson. Bill unanimous consent at the request of the Chair. passed.

SB 5541 A-Eng. -- Read third time. Carried by Tuesday, June 17, 2003 -- Morning Session Morse. On passage of bill the vote was: Ayes, 28; absent, 1 – Corcoran; attending legislative business, 1 Senate convened at 10:45 a.m. President Pro – Atkinson. Bill passed. Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, HB 3616 -- Read second time and passed to third Carter, Clarno, Corcoran, Deckert, Devlin, Ferrioli, reading. Fisher, George, Gordly, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Shields, HB 2221 B-Eng. -- Read third time. Carried by Starr, B., Starr, C., Walker, Winters; President Minnis. On passage of bill the vote was: Ayes, 27; Courtney; excused -- Dukes; attending legislative nays, 2 – Beyer, Hannon; attending legislative business -- Schrader. Colors were posted and the business, 1 – Atkinson. Bill passed. Senate pledged allegiance to the flag. Invocation by

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Pastor Herman Boes of West Salem Baptist Church, considerably less stringent than the requirements of the No Salem. Child Left Behind Act, which requires testing in public schools in grade 3 through 8 in addition to annual statewide SB 761 -- Message from the Governor announcing he progress objectives to ensure that public school students vetoed on June 16. attain proficiency within 12 years. I also recognize that current law does not impose the June 16, 2003 same requirements on private schools students in Oregon as it imposes on home-schooled students. While it is true The Honorable Peter Courtney that we do not regulate private schools in this way under President of the Senate the current legal structure, I believe that market forces do regulate private schools in ways that it does not regulate home-schooling. Private schools are not merely opting out 900 Court Street NE, S-203 of public education; they are competing with public Salem, OR 97301 education. To be a competitive alternative to public education, private schools must meet or exceed the scope of Dear President Courtney: instruction, quality in instruction and curriculum found in the public schools. Most importantly, private schools must I am returning Enrolled Senate Bill 761, unsigned and utilize performance measures and standards to disapproved, for the reasons below. demonstrate their success and competitiveness—all with a corresponding cost. Indeed, if a private school does not First, I want to express my support for the rights of produce students that can successfully compete with parents to raise and educate their children according to the students from a public school, it seems likely that the dictates of their beliefs and conscience. The decision to veto private school will not remain in the education market as a Senate Bill 761 is not is a statement about home-schooling costly but viable option to parents. Given market forces, I or about parental rights. I agree with this principle and I believe private schools voluntarily submit to national and salute parents who choose to undertake themselves the very standardized testing or other performance measures in serious responsibility for educating their children. order to ensure and demonstrate that privately schooled But I also believe that society is responsible to our students receive not only basic education instruction but children. Particularly, society must ensure that a child’s education that is intended to give such students a basic needs are met, including the need for a basic competitive edge. As I have stated, I respectfully disagree education. To fulfill that responsibility, society must with the removal of all testing requirements for home- require a minimal level of accountability from parents who schooled children. provide for their children’s education. I know that the vast Since taking office I have stated many times, ‘Putting majority of parents who home-school their children are Children First’ is a cornerstone of my administration. I motivated by a sincere desire to provide the best and most have vetoed Senate Bill 761 because I not believe that it is appropriate education for their children and that they do an consistent with that principle. admirable job of providing that education. However, I am deeply concerned that a system with no monitoring or Sincerely, accountability will allow a small number of children to fall Theodore R. Kulongoski through the cracks and to reach adulthood without Governor receiving the minimal education that is the right of every child to receive and the responsibility of society to ensure is HB 3630 -- Message from the House announcing provided. passage. In 1999, supporters of home-schooling and the Legislature reached a compromise between restrictive SB 880 -- Message from the House announcing home-schooling regulation and complete deregulation. That passage as amended by the House. compromise is embodied in current law, which requires that parents of home-schooled children notify the local public school district in writing when a child is being home- HB 2066 -- Message from the House announcing schooled or is withdrawn from the public school system. concurrence in Senate amendments and repassage. The law also requires that home-schooled children be tested in grades 3, 5, 8 and 10. Parents choose the test to be SB 5503, 5504, 5510, 5511, 5520, 5532, 5538, administered to their home-schooled child from a list of 5540, 5544; 65, 207, 285, 470, 858; HB 5007, 5032, tests adopted by the State Board of Education. If the child’s 5033, 5043, 5053; 2034, 2174, 2247, 2344, 2380, 2647, test score is within the bottom fifteen percent according to national norms, then another test must be administered 2668, 2754, 2887, 2945, 3048, 3094, 3318, 3349, 3371, within a year. If the subsequent test reveals a declining 3376 -- Message from the House announcing the score, then the superintendent of the local school district Speaker signed on June 16. can require that the child be taught by a private teacher with a teaching license, or at the parent’s option, be Committee Report Summary No. 104 listing the returned to the public schools. If test scores continue to following reports was distributed to members today. decline, even with a private teacher, the superintendent can Summary list recorded in Journal and Status Report required the child be returned to the public schools. by order of the President. Senate Bill 761 would eliminate these testing requirements entirely. Under Senate Bill 761, the state SB 5508 -- Report by Committee on Ways and would have no ability to determine that children were Means recommending passage with amendments. receiving even a minimal education. If Senate Bill 761 became law, Oregon would be one of just a handful of states with no oversight of home-schooling. SB 5518 -- Report by Committee on Ways and Means recommending passage with amendments. I do not believe that the requirements imposed by current law are unduly burdensome on parents or home- schooled children. In fact, these testing requirements are SENATE JOURNAL SJ-165

SB 5529 -- Report by Committee on Ways and nays, 4 – Fisher, George, Hannon, Starr, C.; Means recommending passage with amendments. attending legislative business, 3 – Beyer, Schrader, Shields. Confirmed. SB 5531 -- Report by Committee on Ways and Means recommending passage with amendments. Rules suspended by unanimous consent in order that the Senate may take en bloc action on the SB 5546 -- Report by Committee on Ways and confirmation of the following appointments on motion Means recommending passage with amendments. of Atkinson.

SB 12 -- Report by Committee on Ways and Means recommending passage. State Board of Education Jerry Berger SB 50 -- Report by Committee on General Steve Bogart (r) Government without recommendation as to passage. Nikki Squire Referred to Committee on Ways and Means by prior reference. State Board of Tax Practitioners SB 190 -- Report by Committee on Ways and Merry VanAtta Means recommending passage of the A-engrossed bill. Gerald Zielinski (r)

SB 644 -- Report by Committee on Education Oregon Transportation Commission without recommendation as to passage and requesting referral to Committee on Revenue. Michael Nelson Referred to Committee on Revenue by order of the Under rules suspension, Atkinson moved that President in agreement with the President Pro the Senate confirm en bloc the Governor’s Tempore and then Committee on Ways and Means by prior reference. appointments as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 26; attending legislative business, 4 – Beyer, Schrader, HB 2167 -- Report by Committee on General Shields, Starr, B. Confirmed en bloc. Government recommending passage with amendments to the A-engrossed bill. Referred to SB 12, 190 -- Read second time and passed to Committee on Ways and Means by prior reference. third reading. HB 2235 -- Report by Committee on Judiciary recommending passage of the A-engrossed bill. SB 751 A-Eng. -- Read third time. Carried by Metsger. Call of the Senate demanded by Metsger joined by Brown and Burdick. All members present. HB 2409 -- Report by Committee on Judiciary On passage of bill the vote was: Ayes, 22; nays, 8 – recommending passage of the A-engrossed bill. Carter, Devlin, Dukes, Gordly, Hannon, Morrisette, Shields, Walker. Bill passed. HB 2865 -- Report by Committee on Judiciary recommending passage with amendments to the A- SB 899 -- Read third time. Carried by Brown. engrossed bill. On passage of bill the vote was: Ayes, 28; nays, 2 – Dukes, Walker. Bill passed. HB 3330 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 3630 -- Read first time and referred to engrossed bill. President’s desk.

SB 228 B-Eng. -- Deckert moved that the Senate HB 2235, 2409, 2671 -- Read second time and concur in House amendments and repass bill. Call of passed to third reading. the Senate demanded by Deckert joined by Brown and Walker. All members present. On concurrence HB 5010, 5024, 5026, 5037; 2325, 2422, 3259, and repassage the vote was: Ayes, 17; nays, 13 – 3616 -- Carried over to June 18 calendar by Atkinson, Beyer, Clarno, Fisher, George, Harper, Messerle, Minnis, Morse, Nelson, Starr, B., Starr, C., unanimous consent at the request of the Chair. Winters. Bill repassed. SB 5519, 5521, 5524, 5539, 5545; 103, 456, 673; HB 5007, 5032, 5033, 5043, 5053; 2034, 2174, 2247, SB 564 B-Eng. -- Minnis moved that the Senate concur in House amendments and repass bill. On 2344, 2380, 2647, 2688, 2754, 2887, 2945, 3048, 3094, 3318, 3349, 3371, 3376 -- President Courtney signed concurrence and repassage the vote was: Ayes, 29; on June 17. attending legislative business, 1 – Beyer. Bill repassed. Senate adjourned until 10:45 a.m. Wednesday by Corcoran moved that the Senate confirm the unanimous consent at the request of the Chair. Governor’s appointment of Minga Guerrero to the State Board of Chiropractic Examiners. Ayes, 23;

SJ-166 SENATE JOURNAL

Wednesday, June 18, 2003 -- Morning Session HB 3548 -- Report by Committee on Transportation and Economic Development recommending passage of the A-engrossed bill. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 3609 -- Report by Committee on Human present: Atkinson, Beyer, Brown, Burdick, Clarno, Resources recommending passage with amendments. Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Referred to Committee on Ways and Means by prior Gordly, Hannon, Harper, Messerle, Metsger, Minnis, reference. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker; excused -- Devlin; SB 5508, 5518, 5529, 5531, 5546 -- Read second attending legislative business -- Carter, Winters. time and passed to third reading. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Frank Shields, SB 12 -- Read third time. Carried by Gordly. On Portland. passage of bill the vote was: Ayes, 26; excused, 1 – Devlin; attending legislative business, 3 – Brown, SB 5549; 35, 41, 47, 64, 69, 179, 206, 213, 227, Carter, Winters. Bill passed. 237, 245, 259, 304, 331, 341, 419, 436, 508, 596, 604, 611, 628, 716, 749, 801, 882, 885 -- Message from the SB 190 A-Eng. -- Read third time. Carried by Governor announcing he signed on June 17. Dukes. On passage of bill the vote was: Ayes, 27; excused, 1 – Devlin; attending legislative business, 2 SB 5537; 129, 552; HB, 5011, 5019, 5035, 5059, – Carter, Winters. Bill passed. 5062; 2254, 3177 -- Message from the House announcing passage. HB 5011, 5019, 5035, 5059, 5062; 2254, 3177 -- Read first time and referred to President’s desk. SJM 6; SJR 19 -- Message from the House announcing adoption. HB 2043, 2865, 3330, 3508, 3548 -- Read second SB 189 -- Message from the House announcing time and passed to third reading. passage as amended by the House. HB 5010 A-Eng. -- Read third time. Carried by HB 3389 -- Message from the House announcing Schrader. On passage of bill the vote was: Ayes, 24; concurrence in Senate amendments and repassage. nays, 2 – Dukes, Hannon; excused, 1 – Devlin; attending legislative business, 3 – Carter, Starr, B., SB 18, 19, 46, 348, 646, 647; HCR 11; HB 2197, Winters. Bill passed. 2455, 2490, 2694, 2763, 2986, 3245, 3372 -- Message from the House announcing the Speaker signed on HB 5024 A-Eng. -- Read third time. Carried by June 17. Gordly. On passage of bill the vote was: Ayes, 23; nays, 1 – Hannon; excused, 1 – Devlin; attending Committee Report Summary No. 105 listing the legislative business, 5 – Carter, George, Schrader, following reports was distributed to members. Starr, B., Winters. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 5026 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 23; SB 132 -- Report by Committee on Rules nays, 1 – Hannon; excused, 1 – Devlin; attending recommending passage with amendments. legislative business, 5 – Carter, George, Schrader, Starr, B., Winters. Bill passed. SB 494 -- Report by Committee on General Government recommending passage with amendments. HB 5037 A-Eng. -- Read third time. Carried by Morse. On passage of bill the vote was: Ayes, 24; SB 891 -- Report by Committee on Human nays, 1 – Hannon; excused, 1 – Devlin; attending Resources recommending passage with amendments. legislative business, 4 – Carter, George, Schrader, Winters. Bill passed. HB 2043 -- Report by Committee on Revenue recommending passage of the A-engrossed bill. HB 2422 A-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 24; HB 2049 -- Report by Committee on Judiciary absent, 1 – Corcoran; excused, 1 – Devlin; attending recommending passage with amendments to the A- legislative business, 4 – Carter, George, Schrader, engrossed bill. Winters. Bill passed.

HB 2165 -- Report by Committee on Human HB 3259 B-Eng. -- Read third time. Carried by Resources recommending passage with amendments Minnis. On passage of bill the vote was: Ayes, 25; to the A-engrossed bill. excused, 1 – Devlin; attending legislative business, 4 – Carter, George, Schrader, Winters. Bill passed. HB 3508 -- Report by Committee on Human Resources recommending passage. HB 2325 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 23; nays, 2 – Hannon, Starr, B.; excused, 1 – Devlin; SENATE JOURNAL SJ-167 attending legislative business, 4 – Carter, George, Committee Report Summary No. 106 listing the Schrader, Winters. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 3616 B-Eng. -- Read third time. Carried by by order of the President. Ringo. On passage of bill the vote was: Ayes, 23; absent, 1 – Burdick; excused, 1 – Devlin; attending SB 297 -- Report by Committee on Judiciary legislative business, 5 – Carter, Clarno, George, recommending passage with amendments. Schrader, Winters. Bill passed. SB 620 -- Report by Committee on Judiciary HB 2235 A-Eng. -- Read third time. Carried by recommending passage with amendments and Starr, C. On passage of bill the vote was: Ayes, 22; requesting subsequent referral to Committee on Ways nays, 1 – Hannon; absent, 1 – Corcoran; excused, 1 – and Means be rescinded. Subsequent referral Devlin; attending legislative business, 5 – Carter, rescinded by order of the President in agreement with Clarno, George, Schrader, Winters. Bill passed. the President Pro Tempore.

HB 2409 A-Eng. -- Read third time. Carried by HB 5064 -- Report by Committee on Ways and Minnis. On passage of bill the vote was: Ayes, 25; Means recommending passage of the A-engrossed bill. excused, 1 – Devlin; attending legislative business, 4 – Carter, Clarno, George, Winters. Bill passed. HB 2120 -- Report by Human Resources recommending passage of the A-engrossed bill and HB 2671 B-Eng. -- Read third time. Carried by requesting subsequent referral to Committee on Ways Ferrioli. On passage of bill the vote was: Ayes, 23; and Means be rescinded. Subsequent referral nays, 3 – Corcoran, Dukes, Hannon; excused, 1 – rescinded by order of the President in agreement with Devlin; attending legislative business, 3 – Carter, the President Pro Tempore. Clarno, Winters. Bill passed. HB 2209 -- Report by Committee on Agriculture HB 5064 -- Message from the House announcing and Natural Resources recommending passage with passage. amendments.

Senate reverted to the order of First Reading of HB 2251 -- Report by Committee on Human House Measures by unanimous consent at the request Resources recommending passage of the A-engrossed of the Chair. bill.

HB 5046 -- Read first time and referred to HB 2304 -- Report by Committee on General Committee on Ways and Means. Government recommending passage of the A- engrossed bill. SB 5536; HCR 11; HB 2197, 2455, 2490, 2694, 2763, 2986, 3245, 3372 -- President Courtney signed HB 2696 -- Report by Committee on Judiciary on June 18. recommending passage with amendments and requesting subsequent referral to Committee on Ways Senate adjourned until 10:45 a.m. Thursday by and Means be rescinded. Subsequent referral unanimous consent at the request of the Chair. rescinded by order of the President in agreement with the President Pro Tempore.

Thursday, June 19, 2003 -- Morning Session HB 3136 -- Report by Committee on General Government recommending passage of the A- engrossed bill. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Clarno, HB 3476 -- Report by Committee on General Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Government recommending passage. George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, HB 3624 -- Report by Special Committee on The Shields, Starr, B., Starr, C., Walker; attending Oregon Health Plan recommending passage with legislative business -- Carter, Winters. Colors were amendments. Referred to Committee on Ways and posted and the Senate pledged allegiance to the flag. Means by prior reference. Invocation by Bill White, Portland. (Hannon in Chair) HB 5064 -- Rules suspended by unanimous SB 391 -- Message from the House announcing consent to immediately read second and third time passage as amended by the House. under Special Order of Business on motion of Gordly.

HB 2221, 3093 -- Message from the House HB 5064 -- Under rules suspension and Special announcing refusal to concur in Senate amendments. Order of Business, read second time. Conferees to be announced. HB 5064 A-Eng. -- Under rules suspension and Special Order of Business, read third time. Carried

SJ-168 SENATE JOURNAL by Gordly. On passage of bill the vote was: Ayes, 27; Referral List No. 61 which was distributed to attending legislative business, 3 – Carter, Messerle, members. Referral list recorded in the Journal and Winters. Bill passed. Status Report by order of the President.

SB 903 -- Introduced, read first time and SCR 7 Rules referred to President’s desk. SB 902 Rules HB 5011 Ways and Means SB 132, 494, 891 -- Read second time and passed HB 5019 Ways and Means to third reading. HB 5035 Ways and Means HB 5059 Ways and Means SB 5508 A-Eng. -- Read third time. Carried by HB 5062 Ways and Means Dukes. On passage of bill the vote was: Ayes, 20; nays, 5 – Beyer, George, Hannon, Morrisette, Shields; HB 5064 Ways and Means attending legislative business, 5 – Atkinson, Carter, HB 2089 Judiciary Deckert, Messerle, Winters. Bill passed. HB 2254 Ways and Means HB 2857 Rules SB 5518 A-Eng. -- Read third time. Carried by HB 3177 Ways and Means Morse. On passage of bill the vote was: Ayes, 23; HB 3630 Judiciary; Ways and Means nays, 3 – Hannon, Morrisette, Shields; attending legislative business, 4 – Carter, Deckert, Messerle, HB 3632 Rules Winters. Bill passed. Senate adjourned until 10:45 a.m. Friday by unanimous consent at the request of the Chair. SB 5529 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 24; nays, 3 – Hannon, Morrisette, Shields; attending Friday, June 20, 2003 -- Morning Session legislative business, 3 – Carter, Messerle, Winters. Bill passed. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were SB 5531 A-Eng. -- Read third time. Carried by present: Atkinson, Beyer, Brown, Burdick, Clarno, Gordly. On passage of bill the vote was: Ayes, 25; Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, nays, 1 – Hannon; absent, 1 – Corcoran; attending George, Gordly, Hannon, Harper, Messerle, Metsger, legislative business, 3 – Carter, Messerle, Winters. Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Bill passed. Shields, Starr, B., Starr, C., Walker; attending legislative business -- Carter, Winters. Colors were SB 5546 A-Eng. -- Read third time. Carried by posted and the Senate pledged allegiance to the flag. Dukes. On passage of bill the vote was: Ayes, 22; Invocation by Senator Bill Fisher, Roseburg. nays, 4 – George, Hannon, Morrisette, Shields; attending legislative business, 4 – Carter, Clarno, The following messages from the Governor were Messerle, Winters. Bill passed. read and referred to the Committee on Rules.

HB 2049, 2120, 2165, 2251, 2304, 3136, 3476 -- June 19, 2003 Read second time and passed to third reading. TO THE HONORABLE PRESIDENT OF THE SENATE HB 2043 A-Eng. -- Read third time. Carried by OF THE 72nd LEGISLATIVE ASSEMBLY Ringo. Call of the Senate demanded by Ringo joined ORS 357.010 provides that the Governor shall appoint the by Starr, B. and Brown. All members present except members of the Trustees of the State Library subject to Carter, Winters, attending legislative business. Senate confirmation, in the manner provided by ORS Hannon declared possible conflict of interest. On 171.562 and ORS 171.565. passage of bill the vote was: Ayes, 16; nays, 12 – I appoint Douglas Henrichs of Milton-Freewater to the Beyer, Clarno, Corcoran, Dukes, Ferrioli, Fisher, Trustees of the State Library for an unexpired four-year Hannon, Harper, Messerle, Minnis, Morse, Nelson; term, as provided by statute, beginning July 1, 2003, and attending legislative business, 2 – Carter, Winters. ending June 30, 2006, effective upon Senate confirmation. Bill passed. This appointment is submitted for your consideration. HB 3508 -- Read third time. Carried by Fisher. Sincerely, Taken from its place on today’s third reading Ted Kulongoski Governor calendar and placed on June 23 calendar by voice vote on motion of Fisher. June 19, 2003 HB 2865, 3330, 3548 -- Carried over to Friday, TO THE HONORABLE PRESIDENT OF THE SENATE June 20 calendar by unanimous consent at the OF THE 72nd LEGISLATIVE ASSEMBLY request of the Chair. ORS 357.010 provides that the Governor shall appoint the members of the Trustees of the State Library subject to The following measures were referred to Senate confirmation, in the manner provided by ORS committee on June 18 and recorded on Committee 171.562 and ORS 171.565. SENATE JOURNAL SJ-169

I reappoint Freda Vars of Corvallis to the Trustees of the SB 189 B-Eng. -- Minnis moved that the Senate State Library for a four-year term, as provided by statute, concur in House amendments and repass bill. On beginning July 1, 2003, and ending June 30, 2007, effective concurrence and repassage the vote was: Ayes, 26; upon Senate confirmation. nays, 1 – Schrader; absent, 1 – Ringo; attending This appointment is submitted for your consideration. legislative business, 2 – Carter, Winters. Bill repassed. Sincerely, Ted Kulongoski Governor SB 880 B-Eng. -- Minnis moved that the Senate concur in House amendments and repass bill. Call of SB 5542; HB 5040; 2153, 2193, 2522, 3522 -- the Senate demanded by Minnis joined by Nelson and Message from the House announcing passage. Gordly. All present except Ringo, absent; Carter, Winters, attending legislative business. All members SB 287 -- Message from the House announcing subject to the Call present. On concurrence and passage as amended by the House. repassage the vote was: Ayes, 17; nays, 10 – Atkinson, Brown, Corcoran, Deckert, Devlin, Dukes, HB 2581, 2811 -- Message from the House Gordly, Shields, Walker, President Courtney; absent, announcing concurrence in Senate amendments and 1 – Ringo; attending legislative business, 2 – Carter, repassage. Winters. Bill repassed.

HB 5064 -- Message from the House announcing SB 297, 620 -- Read second time and passed to the Speaker signed on June 20. third reading.

Committee Report Summary No. 107 listing the SB 132 -- Read third time. Carried by Beyer. following reports was distributed to members today. Bill failed; the vote was: Ayes, 13; nays, 15 – Brown, Summary list recorded in Journal and Status Report Burdick, Corcoran, Deckert, Devlin, Dukes, Gordly, by order of the President. Metsger, Morrisette, Ringo, Schrader, Shields, Starr, B., Walker, President Courtney; attending legislative SB 356 -- Report by Committee on Judiciary business, 2 – Carter, Winters. Bill failed. recommending passage with amendments to the A- engrossed bill. SB 494 -- Read third time. Carried by Corcoran. Taken from its place on today’s third reading HB 3013 -- Report by Committee on Agriculture calendar and placed on June 23 calendar by voice vote and Natural Resources recommending passage with on motion of Corcoran. amendments. SB 891 A-Eng. -- Read third time. Carried by HB 3329 -- Report by Committee on Judiciary Fisher. On passage of bill the vote was: Ayes, 24; recommending passage with amendments to the B- nays, 4 – Burdick, Corcoran, Hannon, Metsger; engrossed bill. attending legislative business, 2 – Carter, Winters. Bill passed. HB 3346 -- Report by Committee on Judiciary recommending passage. HB 5040; 2153, 2193, 2522, 3522 -- Read first time and referred to President’s desk. HB 3385 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 2696, 3346 -- Read second time and passed to engrossed bill. third reading.

Report by Committee on Rules recommending HB 2865 B-Eng. -- Read third time. Carried by that the Governor’s reappointments of Frank Ringo. On passage of bill the vote was: Ayes, 26; Armstrong (appearance waived), Donald Dartt nays, 2 – Devlin, Hannon; attending legislative (appearance waived), Irvin Handelman (a) business, 2 – Carter, Winters. Bill passed. (appearance waived), Edward Ripplinger (a) (appearance waived) and Elizabeth Rousseau-Rooney HB 3330 B-Eng. -- Read third time. Carried by (appearance waived) to the Commission for the Blind Ferrioli. On passage of bill the vote was: Ayes, 28; be confirmed en bloc. attending legislative business, 2 – Carter, Winters. Bill passed. Report by Committee on Rules recommending that the Governor’s appointments of Katy Eymann (r) HB 3548 A-Eng. -- Read third time. Carried by (appearance waived) and Charles Yates (appearance Starr, B. On passage of bill the vote was: Ayes, 25; waived) to the Oregon Board of Maritime Pilots be nays, 3 – Gordly, Hannon, Schrader; attending confirmed en bloc. legislative business, 2 – Carter, Winters. Bill passed. Gordly granted unanimous consent to change vote Report by Committee on Rules recommending from aye to nay. that the Governor’s appointment of Clifford Deveney (appearance waived) to the Board of Medical HB 2049 B-Eng. -- Read third time. Carried by Examiners be confirmed. Ringo. On passage of bill the vote was: Ayes, 19;

SJ-170 SENATE JOURNAL nays, 9 – Brown, Burdick, Clarno, Corcoran, Devlin, 3351, 3370, 3422 -- Message from the House Dukes, George, Gordly, Shields; attending legislative announcing the Speaker signed on June 20. business, 2 – Carter, Winters. Bill passed. Committee Report Summary No. 108 listing the HB 2120 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Morrisette. On passage of bill the vote was: Ayes, 28; Summary list recorded in Journal and Status Report attending legislative business, 2 – Carter, Winters. by order of the President. Bill passed. SB 763 -- Report by Committee on General HB 2165 B-Eng. -- Read third time. Carried by Government recommending passage with Burdick. On passage of bill the vote was: Ayes, 27; amendments. nays, 1 – Nelson; attending legislative business, 2 – Carter, Winters. Bill passed. SB 875 -- Report by Committee on Health Policy recommending passage with amendments. Referred HB 2251 A-Eng. -- Read third time. Carried by to Committee on Ways and Means by order of the Starr, C. On passage of bill the vote was: Ayes, 27; President in agreement with the President Pro nays, 1 – Nelson; attending legislative business, 2 – Tempore. Carter, Winters. Bill passed. HB 2237 -- Report by Committee on General HB 2304 A-Eng. -- Read third time. Carried by Government recommending passage with Corcoran. On passage of bill the vote was: Ayes, 28; amendments to the A-engrossed bill. attending legislative business, 2 – Carter, Winters. Bill passed. HB 2279 -- Report by Committee on Judiciary recommending passage with amendments to the A- HB 3136 -- Read third time. Carried by engrossed bill. Corcoran. Taken from its place on today’s third reading calendar and placed on June 23 calendar by HB 2299 -- Report by Committee on Revenue voice vote on motion of Corcoran. signed by Deckert, Chair, recommending passage with amendments to the B-engrossed bill. Minority HB 3476 -- Read third time. Carried by Walker. Report, signed by Ferrioli and Starr, B., On passage of bill the vote was: Ayes, 21; nays, 6 – recommending passage with different amendments to Beyer, Dukes, George, Metsger, Morrisette, Nelson; the B-engrossed bill. attending legislative business, 3 – Carter, Ringo, Winters. Bill passed. HB 2594 -- Report by Committee on Judiciary recommending passage with amendments. Senate adjourned until 10:45 a.m. Monday by unanimous consent at the request of the Chair. HB 2770 -- Report by Committee on Judiciary recommending passage with amendments to the A- engrossed bill and requesting subsequent referral to Monday, June 23, 2003 -- Morning Session Committee on Ways and Means be rescinded. Subsequent referral rescinded by order of the Senate convened at 10:45 a.m. President Pro President in agreement with the President Pro Tempore Hannon in Chair. The following members Tempore. were present: Atkinson, Beyer, Burdick, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, HB 3010 -- Report by Committee on Rules Gordly, Messerle, Metsger, Minnis, Morrisette, recommending passage with amendments. Morse, Nelson, Ringo, Shields, Starr, B., Starr, C., Walker, Winters; attending legislative business – HB 3051 -- Report by Committee on Revenue Brown, Carter, Clarno, Harper, Schrader, President recommending passage of the A-engrossed bill. Courtney. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Charles HB 3130 -- Report by Committee on Rules Starr, Hillsboro. recommending passage of the A-engrossed bill.

HB 5039; 3642 -- Message from the House HB 3431 -- Report by Committee on Health announcing passage. Policy recommending passage with amendments to the A-engrossed bill. HB 2422, 2671, 3259 -- Message from the House announcing concurrence in Senate amendments and SB 287 A-Eng. -- Deckert moved that the Senate repassage. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 23; SB 5519, 5521, 5524, 5536, 5539, 5545; 103, 456, nays, 1 – Hannon; absent, 1 – Gordly; attending 673; HCR 10; HB 5001, 5005, 5006, 5017, 5025, 5047, legislative business, 5 – Carter, Harper, Schrader, 5054, 5055; 2066, 2208, 2256, 2275, 2276, 2342, 2425, Winters, President Courtney. Bill repassed. 2575, 2682, 2727, 2733, 2736, 2756, 2933, 3250, 3296, SENATE JOURNAL SJ-171

Rules suspended by unanimous consent in order HB 3013, 3051, 3130, 3329, 3385 -- Read second that the Senate may take en bloc action on the time and passed to third reading. confirmation of the following appointments on motion of Atkinson. HB 2209 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 26; Commission for the Blind nays, 1 – Burdick; attending legislative business, 3 – Brown, Metsger, Starr, B. Bill passed. Frank Armstrong (r) Donald Dartt HB 2696 B-Eng. -- Read third time. Carried by Irvin Handelman Burdick. On passage of bill the vote was: Ayes, 27; Edward Ripplinger (r) attending legislative business, 3 – Brown, Metsger, Elizabeth Rousseau-Rooney (r) Starr, B. Bill passed.

Oregon Board of Maritime Pilots HB 3346 -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 24; nays, 3 – Katy Eymann (r) Dukes, Hannon, Schrader; attending legislative Charles Yates business, 3 – Brown, Metsger, Starr, B. Bill passed.

Board of Medical Examiners HB 3508 -- Bill read. Carried by Fisher. On passage of bill the vote was: Ayes, 21; nays, 8 – Clifford Deveney Brown, Burdick, Carter, Dukes, Hannon, Ringo, Schrader, Shields; attending legislative business, 1 – Starr, B. Bill passed. Under rules suspension, Atkinson moved that the Senate confirm en bloc the Governor’s The following measures were referred to appointments as listed in the motion to suspend the committee on June 20 and recorded on Committee rules. On confirmation the vote was: Ayes, 25; Referral List No. 62 which was distributed to attending legislative business, 5 – Carter, Harper, members. Referral list recorded in the Journal and Schrader, Winters, President Courtney. Confirmed Status Report by order of the President. en bloc. SB 903 Rules HB 3136 -- Taken from its place on today’s third HB 5040 Ways and Means reading calendar and rereferred to Committee on HB 2153 Ways and Means General Government by voice vote on motion of HB 2193 Ways and Means Corcoran. HB 2522 Ways and Means HB 3522 Ways and Means SB 904 -- Introduced, read first time and referred to President’s desk. Trustees of the State Library (ORS 357.010) SB 297 A-Eng. -- Read third time. Carried by Douglas Henrichs Rules Minnis. Call of the Senate demanded by Minnis Freda Vars (r) Rules joined by Corcoran and Gordly. All present except Harper, Schrader, Courtney, attending legislative business. Pending arrival of members subject to the SB 516 -- Atkinson, Metsger appointed Senate Call, Senate at ease. Further proceedings under the conferees. Call terminated by unanimous consent at the request of Minnis. Senate reassembled. On passage of bill the HB 2221 -- Minnis, Burdick appointed Senate vote was: Ayes, 27; nays, 3 – George, Hannon, Nelson. conferees. Bill passed. HB 3093 -- Minnis, Ringo appointed Senate SB 494 A-Eng. -- Read third time. Carried by conferees. Corcoran. On passage of bill the vote was: Ayes, 17; nays, 13 – Atkinson, Beyer, Clarno, Ferrioli, Fisher, HB 5064 -- President Courtney signed on June George, Harper, Messerle, Morse, Nelson, Starr, B., 20. Starr, C., Winters. Bill passed. Senate adjourned until 10:45 a.m. Tuesday by SB 620 A-Eng. -- Read third time. Carried by unanimous consent at the request of the Chair. Walker. On passage of bill the vote was: Ayes, 25; nays, 2 – Hannon, Schrader; attending legislative business, 3 – Brown, Metsger, Starr, B. Bill passed. Tuesday, June 24, 2003 -- Morning Session Schrader granted unanimous consent to change vote from aye to nay. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 5039; 3642 -- Read first time and referred to present: Atkinson, Beyer, Burdick, Corcoran, Devlin, President’s desk. Dukes, Ferrioli, Fisher, George, Hannon, Messerle,

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Metsger, Morrisette, Morse, Nelson, Ringo, Shields, HB 2217 -- Report by Committee on Revenue Starr, B., Starr, C., Walker; attending legislative recommending passage with amendments to the A- business -- Brown, Carter, Clarno, Deckert, Gordly, engrossed bill. Harper, Minnis, Schrader, Winters. Colors were posted and the Senate pledged allegiance to the flag. HB 2254 -- Report by Committee on Ways and Invocation by Frank Carpenter of Capitol Ministries Means recommending passage. of Oregon, Hillsboro. HB 2739 -- Report by Committee on General SB 5503, 5504, 5510, 5511, 5520, 5532, 5538, Government recommending passage with 5540, 5544; 65, 207, 285, 470, 833, 858 -- Message amendments to the A-engrossed bill. Referred to from the Governor announcing he signed on June 23. Committee on Ways and Means by prior reference.

SB 18, 19, 46, 348, 646, 647 -- Message from the HB 2828 -- Report by Committee on Health Governor announcing he signed on June 24. Policy recommending passage with amendments to the A-engrossed bill. HB 2041, 2244, 2268, 2783, 3231 -- Message from the House announcing passage. HB 3177 -- Report by Committee on Ways and Means recommending passage. SB 886 -- Message from the House announcing passage as amended by the House. SB 763 -- Read second time and passed to third reading. Committee Report Summary No. 109 listing the following reports was distributed to members today. SB 356 B-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Corcoran. On passage of bill the vote was: Ayes, 22; by order of the President. nays, 3 – Brown, Burdick, Shields; attending legislative business, 5 – Carter, Clarno, Gordly, SB 666 -- Report by Committee on Judiciary Minnis, Schrader. Bill passed. recommending passage with amendments. HB 2041, 2244, 2268, 2783, 3231 -- Read first SB 854 -- Report by Committee on Agriculture time and referred to President’s desk. and Natural Resources recommending passage with amendments and requesting subsequent referral to HB 5011, 5019, 5035, 5059, 5062; 2237, 2254, Committee on Ways and Means be rescinded. 2279, 2299, 2594, 2770, 3010, 3177, 3431 -- Read Subsequent referral rescinded by order of the second time and passed to third reading. President in agreement with the President Pro Tempore. HB 3013 A-Eng. -- Read third time. Carried by Shields. On passage of bill the vote was: Ayes, 17; SB 901 -- Report by Committee on Rules nays, 9 – Burdick, Carter, Corcoran, Devlin, Dukes, recommending passage with amendments and Metsger, Morrisette, Ringo, Walker; attending requesting referral to Committee on Ways and legislative business, 4 – Clarno, Gordly, Minnis, Means. Referred to Committee on Ways and Means Schrader. Bill passed. by order of the President in agreement with the President Pro Tempore. HB 3051 -- Read third time. Carried by Ringo. Bill failed, the vote was: Ayes, 17; nays, 9 – Atkinson, HB 5011 -- Report by Committee on Ways and Beyer, Fisher, George, Hannon, Harper, Messerle, Means recommending passage of the A-engrossed bill. Nelson, Starr, B.; attending legislative business, 4 – Clarno, Gordly, Minnis, Schrader. Bill failed to HB 5019 -- Report by Committee on Ways and receive constitutional three-fifths majority. Ringo Means recommending passage of the A-engrossed bill. requested unanimous consent to change vote from aye to nay for the purpose of serving notice of possible HB 5035 -- Report by Committee on Ways and reconsideration. Fisher objected. Means recommending passage of the A-engrossed bill. Senate recessed until 11:25 a.m. by unanimous HB 5059 -- Report by Committee on Ways and consent on motion of Beyer. Means recommending passage of the A-engrossed bill. Senate reconvened at 11:25 a.m. President HB 5062 -- Report by Committee on Ways and Courtney in Chair. All present except Clarno, Gordly, Means recommending passage of the A-engrossed bill. Minnis, Schrader, attending legislative business.

HB 2166 -- Report by Committee on Revenue Senate, having recessed under the order of Third recommending passage with amendments to the A- Reading of House Measures, resumed under the engrossed bill. general order of business by unanimous consent at the request of the Chair. SENATE JOURNAL SJ-173

HB 3130 A-Eng. -- Read third time. Carried by Committee Report Summary No. 110 listing the Atkinson. On passage of bill the vote was: Ayes, 22; following reports was distributed to members today. nays, 4 – Dukes, Fisher, Hannon, Shields; attending Summary list recorded in Journal and Status Report legislative business, 4 – Clarno, Gordly, Minnis, by order of the President. Schrader. Bill passed. HB 2110 -- Report by Committee on Judiciary HB 3329 C-Eng. -- Read third time. Carried by recommending passage with amendments to the A- Burdick. Call of the Senate demanded by Burdick engrossed bill. joined by Brown and Carter. All present except Clarno, attending legislative business. Potential HB 2646 -- Report by Committee on Judiciary conflict of interest declared by Nelson. On passage of recommending passage with amendments to the A- bill the vote was: Ayes, 19; nays, 10 – Atkinson, engrossed bill. Beyer, Fisher, George, Hannon, Messerle, Morse, Nelson, Starr, B., Starr, C.; attending legislative HB 3338 -- Report by Committee on Judiciary business, 1 – Clarno. Bill passed. recommending passage with amendments to the A- engrossed bill to resolve conflicts. HB 3385 B-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 28; HB 3344 -- Report by Committee on Judiciary nays, 1 – George; attending legislative business, 1 – recommending passage of the A-engrossed bill. Clarno. Bill passed. HB 3051 A-Eng. -- Pursuant to notice given June HB 3051 -- Beyer, having voted on the prevailing 24, Beyer moved that the vote whereby bill failed to side, served notice of possible reconsideration. pass the Senate be reconsidered. Call of the Senate demanded by Beyer joined by Brown and Gordly. All SJM 6; SJR 19; SB 5537; 129, 228, 552, 564, 808; present except Clarno, Minnis, Winters, attending HCR 10; HB 5001, 5005, 5006, 5017, 5025, 5047, legislative business. Pending arrival of members 5054, 5055; 2066, 2208, 2256, 2275, 2276, 2342, 2425, subject to the Call, Senate at ease. Further 2575, 2682, 2727, 2733, 2736, 2756, 2933, 3250, 3296, proceedings under the Call terminated by unanimous 3351, 3370, 3422 -- President Courtney signed on consent at the request of Beyer. All present except June 24. Clarno, Winters, attending legislative business.

Senate adjourned until 10:45 a.m. Wednesday by HB 3051 -- Motion to reconsider vote carried; the unanimous consent at the request of the Chair. vote was: Ayes, 25; nays, 3 – Corcoran, George, Hannon; attending legislative business, 2 – Clarno, Winters. Vote reconsidered. Wednesday, June 25, 2003 -- Morning Session HB 3051 A-Eng. -- Read third time. Carried by Senate convened at 10:45 a.m. President Ringo. Call of the Senate demanded by Brown joined Courtney in Chair. The following members were by Devlin and Starr, C. All members present. On present: Atkinson, Beyer, Brown, Burdick, Corcoran, passage of bill the vote was: Ayes, 25; nays, 5 – Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Atkinson, Beyer, Corcoran, George, Hannon. Bill Gordly, Hannon, Messerle, Metsger, Morrisette, passed. Morse, Nelson, Ringo, Shields, Starr, B., Starr, C., Walker; attending legislative business -- Carter, SB 886 B-Eng. -- Shields moved that the Senate Clarno, Harper, Minnis, Schrader, Winters. Colors concur in House amendments and repass bill. On were posted and the Senate pledged allegiance to the concurrence and repassage the vote was: Ayes, 29; flag. Invocation by Senator Charles Starr, Hillsboro. nays, 1 – Corcoran. Bill repassed.

SB 5505, 5541 -- Message from the House HB 2299 B-Eng. -- Ferrioli moved Minority announcing passage. Report be substituted for the Committee Report. Call of the Senate demanded by Ferrioli joined by Beyer SB 267 -- Message from the House announcing and Winters. All present. Motion failed; the vote was: passage as amended by the House. Ayes, 14; nays, 16 – Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Gordly, Hannon, HB 2049, 2165, 3330 -- Message from the House Metsger, Morrisette, Ringo, Schrader, Shields, announcing concurrence in Senate amendments and Walker, President Courtney. Motion failed. repassage. HB 2299 C-Eng -- Read third time. Carried by HB 2865 -- Message from the House announcing Hannon. Hannon changed vote from Aye to Nay refusal to concur in Senate amendments. Conferees to before the gavel. Bill failed; the vote was: Ayes, 13; be appointed. nays, 17 – Atkinson, Beyer, Clarno, Dukes, Ferrioli, Fisher, George, Hannon, Harper, Messerle, Minnis, Morse, Nelson, Schrader, Starr, B., Starr, C., Winters. HB 5010, 5037; 2409, 3389, 3616 -- Message from Bill failed. Hannon, Starr, B., having voted on the the House announcing the Speaker signed on June 24.

SJ-174 SENATE JOURNAL prevailing side, served notice of possible HB 3329 -- Message from the House announcing reconsideration. refusal to concur in Senate amendments.

Senate recessed until 12:05 p.m. by unanimous HB 2209, 2696 -- Message from the House consent on motion of Clarno, Brown. announcing concurrence in Senate amendments and repassage. Senate reconvened at 12:05 p.m. President Courtney in Chair. All present. SB 516 -- Message from the House announcing Garrard, Ackerman, Richardson appointed House Senate, having recessed under the order of conferees. Propositions and Motions, resumed under the general order of business by unanimous consent at the HB 2221 -- Message from the House announcing request of the Chair. Brown, Greenlick, Mabrey appointed House conferees. SB 905 -- Introduced, read first time and referred to President’s desk. HB 2865 -- Message from the House announcing Williams, Anderson, Ackerman appointed House SB 666, 854 -- Read second time and passed to conferees. third reading. HB 3093 -- Message from the House announcing SB 763 -- Carried over to June 26 calendar by Doyle, Flores, Schaufler appointed House conferees. unanimous consent at the request of the Chair. Committee Report Summary No. 111 listing the HB 2166, 2217, 2828, 3344 -- Read second time following reports was distributed to members June and passed to third reading. 25. Summary list recorded in Journal and Status Report by order of the President. HB 5011, 5019, 5035, 5059, 5062; 2237, 2254, 2279, 2594, 2770, 3010, 3177, 3431 -- Carried over to HB 2041 -- Report by Committee on June 26 calendar by unanimous consent at the Transportation and Economic Development request of the Chair. recommending passage of the B-engrossed bill. Referred to Committee on Revenue by prior reference. The following measures were referred to committee on June 24 and recorded on Committee Committee Report Summary No. 112 listing the Referral List No. 63 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 904 Judiciary; Ways and Means HB 5040 -- Report by Committee on Ways and HB 5039 Ways and Means Means recommending passage. HB 2041 Transportation and Economic Development; Revenue HB 2153 -- Report by Committee on Ways and HB 3642 Revenue Means recommending passage. SB 5542; 189, 287, 880; HB 5010, 5037; 2409, 3389, 3616 -- President Courtney signed on June 25. HB 2193 -- Report by Committee on Ways and Means recommending passage. Senate adjourned until 10:45 a.m. Thursday by unanimous consent at the request of the Chair. HB 2473 -- Report by Committee on Agriculture and Natural Resources recommending passage with amendments to the A-engrossed bill and requesting Thursday, June 26, 2003 -- Morning Session subsequent referral to Committee on Ways and Means be rescinded. Request denied by order of the President in agreement with the President Pro Senate convened at 10:45 a.m. President Tempore. Referred to Committee on Ways and Means Courtney in Chair. The following members were by prior reference. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, HB 2501 -- Report by Committee on Fisher, George, Gordly, Hannon, Harper, Messerle, Transportation and Economic Development Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, recommending passage with amendments to the A- Shields, Starr, B., Starr, C., Walker, Winters; engrossed bill to resolve conflicts and requesting attending legislative business -- Schrader. Colors subsequent referral to Committee on Ways and were posted and the Senate pledged allegiance to the Means be rescinded. Request denied by order of the flag. Invocation by Denyse Peterson of Emmanuel President in agreement with the President Pro Pentecostal Church, Portland. Tempore. Referred to Committee on Ways and Means by prior reference. SENATE JOURNAL SJ-175

HB 2522 -- Report by Committee on Ways and HB 5019 A-Eng. -- Read third time. Carried by Means recommending passage of the A-engrossed bill. Gordly. On passage of bill the vote was: Ayes, 24; nays, 3 – George, Hannon, Starr, B.; absent, 1 – HB 2987 A-Eng. -- Report by Committee on Corcoran; attending legislative business, 2 – Health Policy recommending passage with Schrader, Shields. Bill passed. amendments to the A-engrossed bill and requesting subsequent referral to Committee on Ways and HB 5035 A-Eng. -- Read third time. Carried by Means be rescinded. Subsequent referral rescinded by Dukes. On passage of bill the vote was: Ayes, 25; order of the President in agreement with the nays, 3 – Ferrioli, George, Hannon; attending President Pro Tempore. legislative business, 2 – Schrader, Shields. Bill passed. HB 2299 C-Eng. -- Pursuant to notice given June 25, Starr, B. moved that the vote whereby bill failed HB 5059 A-Eng. -- Read third time. Carried by to pass the Senate be reconsidered. Motion carried. Morse. On passage of bill the vote was: Ayes, 25; The vote was: Ayes, 26; nays, 1 – George; absent, 1 – nays, 3 – Beyer, Hannon, Starr, B.; attending Dukes; attending legislative business, 2 – Harper, legislative business, 2 – Schrader, Shields. Bill Schrader. Vote reconsidered. passed.

HB 2299 C-Eng. -- Bill read. Carried by Hannon. HB 5062 A-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 20; nays, 8 – Messerle. On passage of bill the vote was: Ayes, 27; Atkinson, Beyer, Clarno, Fisher, George, Messerle, nays, 1 – Hannon; attending legislative business, 2 – Starr, B., Starr, C.; attending legislative business, 2 – Schrader, Shields. Bill passed. Harper, Schrader. Bill passed. HB 2237 -- Read third time. Carried by Minnis. SB 391 B-Eng. -- Shields moved that the Senate Call of the Senate demanded by Minnis joined by concur in House amendments and repass bill. On Nelson and Starr, B. All present except Burdick, concurrence and repassage the vote was: Ayes, 27; Gordly, absent; Shields, excused; Brown, Clarno, attending legislative business, 3 – Harper, Minnis, Hannon, attending legislative business. Pending Schrader. Bill repassed. arrival of members subject to the Call, Senate at ease. Further proceedings under the Call terminated by SB 763 -- Read third time. Carried by Starr, B. unanimous consent at the request of the Chair. All Taken from its place on today’s third reading calendar present except Burdick, Gordly, absent; Shields, and placed on July 2 calendar by voice vote on motion excused; Brown, Clarno, Hannon, attending of Starr, B. legislative business. Senate reassembled.

SB 666 A-Eng. -- Read third time. Carried by HB 2237 -- Bill failed; the vote was: Ayes, 14; Dukes. On passage of bill the vote was: Ayes, 24; nays, 16 – Atkinson, Beyer, Clarno, Dukes, Ferrioli, nays, 2 – George, Hannon; attending legislative Fisher, George, Harper, Messerle, Minnis, Morse, business, 4 – Brown, Harper, Minnis, Schrader. Bill Nelson, Schrader, Starr, B., Starr, C., Winters. Bill passed. failed. Minnis, having voted on the prevailing side, served notice of possible reconsideration. SB 854 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 19; HB 2237 -- Minnis moved for immediate nays, 7 – Burdick, Carter, Corcoran, Gordly, reconsideration. Motion carried on voice vote. Morrisette, Nelson, Shields; attending legislative business, 4 – Brown, Harper, Ringo, Schrader. Bill HB 2237 -- Rerefered to Committee on Judiciary passed. Potential conflicts of interest declared by by voice vote on motion of Minnis. Beyer, George, Nelson. HB 2166, 2217, 2254, 2279, 2594, 2770, 2828, HB 5065; 3644 -- Message from the House 3010, 3177, 3344, 3431 -- Carried over to June 27 announcing passage. calendar by unanimous consent at the request of the Chair. HB 5065; 3644 -- Read first time and referred to Committee on Ways and Means. HB 2865 -- Minnis, Burdick appointed Senate conferees. HB 5040; 2110, 2153, 2193, 2522, 2646, 3338 -- Read second time and passed to third reading. SB 5505, 5541 -- President Courtney signed on June 26. HB 5011 A-Eng. -- Read third time. Carried by Carter. Hannon declared a potential conflict of Senate adjourned until 10:45 a.m. Friday by interest. On passage of bill the vote was: Ayes, 24; unanimous consent at the request of the Chair. nays, 3 – Hannon, Morrisette, Starr, B.; attending legislative business, 3 – Harper, Schrader, Shields. Bill passed.

SJ-176 SENATE JOURNAL

Friday, June 27, 2003 -- Morning Session Sincerely, Ted Kulongoski Governor Senate convened at 10:45 a.m. President Courtney in Chair. The following members were June 26, 2003 present: Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, TO THE HONORABLE PRESIDENT OF THE SENATE George, Gordly, Hannon, Harper, Messerle, Metsger, OF THE 72nd LEGISLATIVE ASSEMBLY Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., ORS 689.115 provides that the Governor shall appoint the Starr, C., Walker, Winters; attending legislative members of the State Board of Pharmacy, subject to Senate business -- Atkinson, Minnis, Schrader. Colors were confirmation, in the manner provided by ORS 171.562 and posted and the Senate pledged allegiance to the flag. ORS 171.565. Invocation by Father George Wolf from Queen of I appoint Linda Howrey of Portland to the State Board of Peace Catholic Church, Salem. Pharmacy for a four-year term as provided by statute, beginning July 1, 2003, and ending on June 30, 2007, President Courtney announced that he is effective upon Senate confirmation. invoking the provisions of the one-hour notice rule in This appointment is submitted for your consideration. accordance with Senate Rule 8.16. The committee chair may call a meeting of the committee with less Sincerely, than 24 hours’ notice if, at least one hour prior to the Ted Kulongoski Governor meeting, notice is given to the Secretary of the Senate’s office, posted outside the Senate Chamber, in the press room, and in any other place reasonably June 26, 2003 designed to give notice to the public and interested TO THE HONORABLE PRESIDENT OF THE SENATE persons. OF THE 72nd LEGISLATIVE ASSEMBLY Written notice must also be delivered to all ORS 418.243 provides that the Governor shall appoint the committee members’ offices who have not been members of the Outdoor Youth Program Advisory Board, excused from attendance pursuant to Senate Rule subject to Senate confirmation, in the manner provided by 3.10. Whenever possible, such meetings shall be ORS 171.562 and ORS 171.565. announced on the floor while the Senate is in session. I reappoint Margaret Wolf 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, 2003, and ending on June 30, read and referred to the Committee on Rules. 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. June 26, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 456.567 provides that the Governor shall appoint the members of the State Housing Council, subject to Senate confirmation, in the manner provided by ORS 171.562 and SB 5519, 5521, 5524, 5536, 5539, 5545; 103, 456, ORS 171.565. 673 -- Message from the Governor announcing he signed on June 26. I appoint Marguerite LaMont of LaGrande to the State Housing Council for a four-year term, as provided by statute, beginning July 1, 2003, and ending on June 30, HB 5020; 2151, 2341, 2644, 2652, 3232 -- 2007, effective upon Senate confirmation. Message from the House announcing passage. This appointment is submitted for your consideration. HB 3385 -- Message from the House announcing Sincerely, concurrence in Senate amendments and repassage. Ted Kulongoski Governor SJM 6; SJR 19; SB 5537; 129, 228, 552, 564, 808; HB 5024, 5026; 2043, 2235, 2325, 2581 2811-- June 26, 2003 Message from the House announcing the Speaker TO THE HONORABLE PRESIDENT OF THE SENATE signed on June 26. OF THE 72nd LEGISLATIVE ASSEMBLY Committee Report Summary No. 113 listing the ORS 456.567 provides that the Governor shall appoint the following reports was distributed to members. members of the State Housing Council, 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. I reappoint Bud Oritz of Sandy to the State Housing HB 5065 -- Report by Committee on Ways and Council for a four-year term, as provided by statute, Means recommending passage of the A-engrossed bill. beginning July 1, 2003, and ending on June 30, 2007, effective upon Senate confirmation. HB 2246 -- Report by Committee on General This appointment is submitted for your consideration. Government recommending passage with amendments to the A-engrossed bill. SENATE JOURNAL SJ-177

HB 3644 -- Report by Committee on Ways and HB 2217 B-Eng. -- Read third time. Carried by Means recommending passage. Hannon. On passage of bill the vote was: Ayes, 27; excused, 2 – Harper, Winters; attending legislative HB 5065; 3644 -- Devlin moved that the rules be business, 1 – Atkinson. Bill passed. suspended in order to consider bills under a Special Order of Business at 11:45 am. Minnis objected. HB 2828 -- Read third time. Carried by Morrisette. Taken from its place on today’s third HB 3644 -- Devlin moved that the rules be reading calendar and placed on June 30 calendar by suspended in order to consider bill under a Special unanimous consent on motion of Morrisette. Order of Business at 11:45 a.m. Motion carried by unanimous consent. HB 3344 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; SB 906, 907, 908, 909 -- Introduced, read first nays, 1 – Schrader; excused, 2 – Harper, Winters; time and referred to President’s desk. attending legislative business, 1 – Atkinson. Bill passed. HB 5020; 2151, 2341, 2644, 2652, 3232 -- Read first time and referred to President’s desk. HB 5040 -- Read third time. Carried by Carter. On passage of bill the vote was: Ayes, 27; excused, 2 – HB 5065; 2987, 3644 -- Read second time and Harper, Winters; attending legislative business, 1 – passed to third reading. Atkinson. Bill passed.

HB 2254 -- Read third time. Carried by HB 2110 B-Eng. -- Read third time. Carried by Messerle. Potential conflict of interest declared by Ringo. On passage of bill the vote was: Ayes, 27; Beyer. On passage of bill the vote was: Ayes, 19; excused, 2 – Harper, Winters; attending legislative nays, 6 – Beyer, George, Hannon, Minnis, Starr, B., business, 1 – Atkinson. Bill passed. Walker; absent, 1 – Corcoran; excused, 3 – Clarno, Harper, Winters; attending legislative business, 1 – Senate proceeded to the Special Order of Atkinson. Bill passed. Business at 11:45 a.m. by unanimous consent at the request of the Chair. HB 2279 B-Eng. -- Read third time. Carried by Ringo. On passage of bill the vote was: Ayes, 26; HB 5065 -- Rules suspended by unanimous excused, 3 – Clarno, Harper, Winters; attending consent in order to consider bill under third reading legislative business, 1 – Atkinson. Bill passed. immediately on motion of Devlin.

HB 2594 A-Eng. -- Read third time. Carried by HB 5065 -- Under rules suspension and Special Ringo. On passage of bill the vote was: Ayes, 24; Order of Business, read third time. Carried by nays, 1 – Schrader; absent, 1 – Fisher; excused, 3 – Schrader. On passage of bill the vote was: Ayes, 22; Clarno, Harper, Winters; attending legislative nays, 4 – Carter, Gordly, Hannon, Morrisette; business, 1 – Atkinson. Bill passed. excused, 3 – Clarno, Harper, Winters; attending legislative business, 1 – Atkinson. Bill passed. HB 2770 B-Eng. -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 26; HB 3644 -- Under rules suspension and Special excused, 3 – Clarno, Harper, Winters; attending Order of Business, read third time. Carried by legislative business, 1 – Atkinson. Bill passed. Devlin. On passage of bill the vote was: Ayes, 21; nays, 4 – Carter, Gordly, Hannon, Minnis; excused, 4 HB 3010 -- Read third time. Carried by – Clarno, Harper, Morse, Winters; attending Corcoran. Taken from its place on today’s third legislative business, 1 – Atkinson. Bill passed. reading calendar and placed on June 30 calendar by unanimous consent on motion of Corcoran. HB 2153 -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 25; excused, 4 – HB 3177 -- Read third time. Carried by Morse. Clarno, Harper, Morse, Winters; attending legislative On passage of bill the vote was: Ayes, 27; excused, 2 – business, 1 – Atkinson. Bill passed. Harper, Winters; attending legislative business, 1 – Atkinson. Bill passed. HB 2193 -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 25; HB 3431 B-Eng. -- Read third time. Carried by excused, 4 – Clarno, Harper, Morse, Winters; Walker. Hannon declared a potential conflict of attending legislative business, 1 – Atkinson. Bill interest. On passage of bill the vote was: Ayes, 27; passed. excused, 2 – Harper, Winters; attending legislative business, 1 – Atkinson. Bill passed. HB 2522 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 24; HB 2166 C-Eng. -- Read third time. Carried by nays, 1 – Beyer; excused, 4 – Clarno, Harper, Morse, Ferrioli. On passage of bill the vote was: Ayes, 27; Winters; attending legislative business, 1 – Atkinson. excused, 2 – Harper, Winters; attending legislative Bill passed. business, 1 – Atkinson. Bill passed.

SJ-178 SENATE JOURNAL

HB 2646 B-Eng. -- Read third time. Carried by HB 2089 -- Report by Committee on Judiciary Minnis. On passage of bill the vote was: Ayes, 25; recommending passage of the A-engrossed bill. excused, 4 – Clarno, Harper, Morse, Winters; attending legislative business, 1 – Atkinson. Bill HB 3642 -- Report by Committee on Revenue passed. recommending passage.

HB 3338 B-Eng. -- Read third time. Carried by SB 903 -- Rules suspended by unanimous Starr, C. On passage of bill the vote was: Ayes, 26; consent in order to second and third read immediately excused, 3 – Harper, Morse, Winters; attending under a Special Order of Business on motion of legislative business, 1 – Atkinson. Bill passed. Brown.

The following measures were referred to SB 903 -- Under rules suspension and Special committee on June 26 and recorded on Committee Order of Business, read second time. Referral List No. 64 which was distributed to members. Referral list recorded in the Journal and SB 903 -- Under rules suspension and Special Status Report by order of the President. Order of Business, read third time. Carried by Brown. SB 905 Rules On passage of bill the vote was: Ayes, 27; absent, 1 – HB 5065 Ways and Means Schrader; excused, 2 – Harper, Winters. Bill passed. HB 2244 Ways and Means HB 2268 Ways and Means SB 910 -- Introduced, read first time and HB 2783 Judiciary referred to President’s desk. HB 3231 Ways and Means HB 3644 Ways and Means HB 3642 -- Rules suspended by unanimous consent in order to second and third read immediately HB 5024, 5026; 2043, 2235, 2325, 2581, 2811 -- under a Special Order of Business on motion of President Courtney signed on June 27. Deckert.

Senate adjourned until 10:45 a.m. Monday by HB 3642 -- Under rules suspension and Special unanimous consent at the request of the Chair. Order of Business, read second time.

Monday, June 30, 2003 -- Morning Session HB 3642 -- Under rules suspension and Special Order of Business, read third time. Carried by Deckert. On passage of bill the vote was: Ayes, 21; Senate convened at 10:45 a.m. President nays, 7 – Burdick, Corcoran, Hannon, Metsger, Courtney in Chair. The following members were Morrisette, Ringo, Shields; excused, 2 – Harper, present: Atkinson, Beyer, Brown, Burdick, Clarno, Winters. Bill passed. Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Messerle, Metsger, Minnis, HB 2089, 2246 -- Read second time and passed to Morrisette, Morse, Nelson, Ringo, Schrader, Shields, third reading. Starr, B., Starr, C., Walker; excused -- Harper; attending legislative business -- Carter, Winters. HB 2828 B-Eng. -- Bill read. Carried by Colors were posted and the Senate pledged allegiance Morrisette. On passage of bill the vote was: Ayes, 19; to the flag. Invocation by Senator Bill Fisher, nays, 9 – Atkinson, Beyer, Clarno, Fisher, George, Roseburg. Courtesies of the Senate were extended to Hannon, Messerle, Morse, Starr, C.; excused, 2 – former state Senator Bill Dwyer at the request of Harper, Winters. Bill passed. Morrisette. HB 2987 B-Eng. -- Read third time. Carried by SB 5505, 5541, 5542; 189, 287, 880 -- Message Fisher. On passage of bill the vote was: Ayes, 25; from the House announcing Speaker signed on June nays, 2 – Dukes, Hannon; excused, 2 – Harper, 27. Winters; attending legislative business, 1 – Carter. Bill passed. Committee Report Summary No. 114 listing the following reports was distributed to members June HB 3010 A-Eng. -- Bill read. Carried by 27. Summary list recorded in Journal and Status Corcoran. Call of the Senate demanded by Corcoran Report by order of the President. joined by Gordly and Beyer. All present except Carter, Harper, Winters, Gordly, excused. Pending SB 903 -- Report by Committee on Rules arrival of members subject to the Call, Senate at ease. recommending passage with amendments. Further proceedings under the Call terminated by unanimous consent at the request of the Chair. All Committee Report Summary No. 115 listing the present except Carter, Harper, Winters, excused. following reports was distributed to members today. Senate reassembled. Summary list recorded in Journal and Status Report by order of the President. HB 3010 -- On passage of bill the vote was: Ayes, 21; nays, 6 – Beyer, Burdick, Deckert, Fisher, Morse, SENATE JOURNAL SJ-179

Nelson; excused, 3 – Carter, Harper, Winters. Bill HB 3120 -- Report by Committee on General passed. Government recommending passage with amendments to the A-engrossed bill. The following measures were referred to committee on June 29 and recorded on Committee Committee Report Summary No. 117 listing the Referral List No. 65 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.

HB 2388 -- Report by Conference Committee, State Housing Council (ORS 456.567) signed by Senators Metsger, Starr, B. and Marguerite LaMont Rules Representatives Brown, Beyer, Mabrey, Buz Ortiz (r) Rules recommending that the House concur in Senate amendments dated June 2 and that the B-engrossed bill be further amended and repassed. Outdoor Youth Program Advisory Board (ORS 418.243) HB 3304 -- Report by Committee on Rules Margaret Wolf Rules recommending passage with amendments to the A- engrossed bill. State Board of Pharmacy (ORS 689.115) Linda Howrey Rules Report by Committee on Rules recommending that the Governor’s appointment of Samuel Henry HB 5065; 3642, 3644 -- President Courtney (appearance waived) to the State Commission on signed on June 30. Children and Families be confirmed.

Senate adjourned until 10:45 a.m. Tuesday by Report by Committee on Rules recommending unanimous consent at the request of the Chair. that the Governor’s appointment of Luella Nelson (appearance waived) to the Employment Relations Board be confirmed. Tuesday, July 1, 2003 -- Morning Session Report by Committee on Rules recommending Senate convened at 10:45 a.m. President that the Governor’s appointments of Rob Hays Courtney in Chair. The following members were (appearance waived) and Dolores Hubert (r) present: Atkinson, Beyer, Brown, Burdick, Carter, (appearance waived) to the Board of Examiners of Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Nursing Home Administrators be confirmed en bloc. Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Report by Committee on Rules recommending Schrader, Shields, Starr, B., Starr, C., Walker, that the Governor’s appointments of John Ledger (r) Winters. Colors were posted and the Senate pledged (appearance waived) and Greg Wolf (appearance allegiance to the flag. Invocation was observed with a waived) to the Sustainability Board be confirmed en moment of silence. bloc.

SB 5505, 5537, 5541, 5542 -- Message from the Committee Report Summary No. 118 listing the Governor announcing he signed on June 30. following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 5508, 5518; HB 3154 -- Message from the by order of the President. House announcing passage. HB 2041 -- Report by Committee on Revenue HB 2299 -- Message from the House announcing recommending passage of the C-engrossed bill. refusal to concur in Senate amendments. SM 4; SB 911 -- Introduced, read first time and HB 5011, 5019, 5035, 5059, 5062, 5065; 2049, referred to President’s desk. 2120, 2165, 2251, 2304, 2422, 2671, 3130, 3259, 3330, 3346, 3476, 3508, 3548, 3642, 3644 -- Message from SB 655 -- Read second time and passed to third the House announcing the Speaker signed on June reading. 30. HB 3154 -- Read first time and referred to Committee Report Summary No. 116 listing the President’s desk. following reports was distributed to members June 30. Summary list recorded in Journal and Status HB 2041, 3120 -- Read second time and passed to Report by order of the President. third reading.

SB 655 -- Report by Committee on Judiciary HB 2089 A-Eng. -- Read third time. Carried by recommending passage with amendments. Starr, C. On passage of bill the vote was: Ayes, 30. Bill passed.

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HB 2246 B-Eng. -- Read third time. Carried by HB 3020 -- Report by Committee on General Minnis. On passage of bill the vote was: Ayes, 30. Government recommending passage with Bill passed. amendments to the A-engrossed bill.

President Courtney announced the following HB 3613 -- Report by Committee on Rules committee assignments effective June 30. recommending passage with amendments.

OREGON YOUTH CONSERVATION CORPS Report by Committee on Rules recommending (ORS 418.653) that the Governor’s appointments of Phil Lang (r) Senator Vicki Walker (appearance waived) and Robert Rice (appearance waived) to the Oregon Liquor Control Commission be SB 267 -- Deckert, Starr, B. appointed Senate confirmed en bloc. conferees. Rules suspended by unanimous consent in order SB 391, 886; HB 2049, 2120, 2165, 2251, 2304, that the Senate may take en bloc action on the 2422, 2671, 3130, 3259, 3330, 3346, 3476, 3508, 3548 - confirmation of the following appointments on motion - President Courtney signed on July 1. of Burdick. State Commission on Children and Families Senate adjourned until 10:45 a.m. Wednesday by unanimous consent at the request of the Chair. Samuel Henry

Wednesday, July 2, 2003 -- Morning Session Employment Relations Board

Senate convened at 10:45 a.m. President Luella Nelson Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Board of Examiners of Nursing Home Administrators Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Messerle, Metsger, Rob Hays Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; absent - Dolores Hubert (r) - Harper. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Jim Bull Sustainability Board of the First Baptist Church, Salem. John Ledger (r) SB 5529, 5531, 5546; 12, 903 -- Message from the Greg Wolf House announcing passage. Under rules suspension, Burdick moved that the HB 2110, 2166, 2217, 2279, 2646, 2770, 3338, Senate confirm en bloc the Governor’s appointments 3431 -- Message from the House announcing as listed in the motion to suspend the rules. On concurrence in Senate amendments and repassage. confirmation the vote was: Ayes, 29; absent, 1 – Harper. Confirmed en bloc. HB 2594, 3013 -- Message from the House announcing refusal to concur in Senate amendments. SCR 8; SB 912, 913, 914, 915, 916, 917 -- House conferees to be appointed. Introduced, read first time and referred to President’s desk. HB 2299 -- Message from the House announcing Smith, P., Shetterly, Verger appointed House SB 655 A-Eng. -- Read third time. Carried by conferees. Walker. On passage of bill the vote was: Ayes, 26; nays, 3 – Beyer, Fisher, Hannon; excused, 1 – Harper. HB 2209, 2696, 3051, 3385 -- Message from the Bill passed. House announcing the Speaker signed on July 1. SB 763 A-Eng. -- Read third time. Carried by Committee Report Summary No. 119 listing the Starr, B. Call of the Senate demanded by Starr, B. following reports was distributed to members today. joined by Starr, C. and Beyer. All present except Summary list recorded in Journal and Status Report Harper, excused. On passage of bill the vote was: by order of the President. Ayes, 16; nays, 13 – Brown, Burdick, Carter, Corcoran, Devlin, Dukes, Gordly, Hannon, Metsger, Morrisette, Schrader, Shields, Walker; excused, 1 – HB 2020 -- Report by Committee on General Harper. Bill passed. Government recommending passage with amendments to the A-engrossed bill. HB 3304 -- Read second time and passed to third reading. SENATE JOURNAL SJ-181

HB 2041 -- Read third time. Carried by Starr, B. SB 5516 -- Report by Committee on Ways and Taken from its place on today’s third reading calendar Means recommending passage with amendments. and placed on July 7 calendar by voice vote on motion of Starr, B. SB 5533 -- Report by Committee on Ways and Means recommending passage with amendments. HB 3120 -- Third reading. Carried by Minnis. Taken from its place on today’s third reading calendar SB 184 -- Report by Committee on Ways and and placed on July 3 calendar by voice vote on motion Means recommending passage with amendments. of Minnis. SB 500 -- Report by Committee on Ways and The following measures were referred to Means recommending passage. committee on July 1 and recorded on Committee Referral List No. 66 which was distributed to SB 501 -- Report by Committee on Ways and members. Referral list recorded in the Journal and Means recommending passage. Status Report by order of the President. SB 906 Rules; Ways and Means HB 5039 -- Report by Committee on Ways and SB 907 Rules Means recommending passage of the A-engrossed bill. SB 908 Judiciary SB 909 Judiciary HB 2244 -- Report by Committee on Ways and SB 910 Judiciary Means recommending passage of the B-engrossed bill. HB 5020 Ways and Means HB 2151 Ways and Means HB 2268 -- Report by Committee on Ways and HB 2341 Rules Means recommending passage of the B-engrossed bill. HB 2644 Ways and Means HB 2652 Revenue HB 3231 -- Report by Committee on Ways and HB 3232 Ways and Means Means recommending passage of the A-engrossed bill. Senate adjourned until 10:45 a.m. Thursday by HB 3522 -- Report by Committee on Ways and unanimous consent at the request of the Chair. Means recommending passage with amendments to resolve conflicts. Thursday, July 3, 2003 -- Morning Session Report by Committee on Rules recommending that the Governor’s appointment of David Kottkamp Senate convened at 10:45 a.m. President to the State Parks and Recreation Commission be Courtney in Chair. The following members were confirmed. present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Devlin, Ferrioli, Fisher, George, Atkinson moved that the Senate confirm the Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Governor’s appointments of Phil Lang (r) and Robert Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Rice to the Oregon Liquor Control Commission. On Starr, C., Walker; excused -- Carter, Starr, B.; confirmation the vote was: Ayes, 24; excused, 2 – attending legislative business -- Dukes, Winters. Carter, Starr, B.; attending legislative business, 4 – Colors were posted and the Senate pledged allegiance Beyer, Dukes, Ferrioli, Winters. Confirmed en bloc. to the flag. Invocation by Senator Charles Starr. (Hannon in Chair)

Courtesies of the Senate were extended to former SB 918, 919, 920 -- Introduced, read first time State Representative Bill Grannell at the request of and referred to President’s desk. (President Courtney Messerle. in Chair)

SB 129, 228, 552, 564, 808, 903 -- Message from SB 500, 501 -- Read second time and passed to the Governor announcing he signed on July 3. third reading. (Hannon in Chair)

SB 903 -- Message from the House announcing HB 5039; 2020, 2244, 2268, 3020, 3231, 3613 -- the Speaker signed on July 3. Read second time and passed to third reading.

Committee Report Summary No. 120 listing the HB 3120 B-Eng. -- Read third time. Carried by following reports was distributed to members July 3. Minnis. On passage of bill the vote was: Ayes, 24; Summary list recorded in Journal and Status Report nays, 2 – George, Hannon; excused, 2 – Carter, Starr, by order of the President. B.; attending legislative business, 2 – Dukes, Winters. Bill passed. SB 5506 -- Report by Committee on Ways and Means recommending passage with amendments. HB 3304 B-Eng. -- Read third time. Carried by Atkinson. On passage of bill the vote was: Ayes, 25; SB 5514 -- Report by Committee on Ways and nays, 1 – Hannon; excused, 2 – Carter, Starr, B.; Means recommending passage with amendments.

SJ-182 SENATE JOURNAL attending legislative business, 2 – Dukes, Winters. can be appealed. The proponents assert that a firm limit on Bill passed. appeal bonds would help protect the Master Settlement Agreement payments owed to the State by the tobacco companies. HB 2594 -- Minnis, Walker appointed Senate conferees. I have vetoed Senate Bill 880 because I agree with Attorney General Hardy Myer’s position that Senate Bill 880 is a flawed response to this issue. The Attorney HB 3013 -- Shields, Morse appointed Senate General, together with the Department of Human Services conferees. and numerous public health organizations, has urged me to veto this bill. The Attorney General supported the Minority HB 3329 -- Minnis, Burdick appointed Senate Report, which was also supported by 24 members of the conferees. House of Representatives. Rather than establish a firm cap on the bond amount that can be required from a tobacco company, the Minority Report would have created a SB 903; HB 2209, 2696, 3051, 3385 -- President presumptive cap. A presumptive cap is a better solution Courtney signed on July 3. and would address the desire to provide greater stability to the Master Settlement Agreement. Such an approach Senate adjourned until 10:45 a.m. Monday by would allow the trial judge discretion to require a larger unanimous consent at the request of the Chair. bond only if all of the circumstances--including the financial condition of the tobacco company and the company’s ability to make scheduled payments under the Master Settlement Monday, July 7, 2003 -- Morning Session Agreement--warranted such a bond. I would support the Minority Report if it were adopted by the Legislative Assembly. Senate convened at 10:45 a.m. President In addition, I would like to mention the public health Courtney in Chair. The following members were concerns that I have with Senate Bill 880 or any legislation present: Atkinson, Beyer, Brown, Burdick, Carter, so clearly intended to benefit selected tobacco companies. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, By establishing a firm cap on appeal bonds, legislation such Fisher, George, Gordly, Hannon, Harper, Messerle, as Senate Bill 880 would provide tobacco companies with Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, greater financial security and greater ability to market Shields, Starr, B., Starr, C., Walker Winters -- their products in Oregon and elsewhere. According to a report recently released by the Federal Trade Commission, attending legislative business -- Schrader. Colors in 2001 the major tobacco companies increased their were posted and the Senate pledged allegiance to the advertising budgets by 17% from the previous year. The flag. Invocation by Pastor Don Brandt of Our Savior’s tobacco companies now spend over $11 billion annually on Lutheran Church, Salem. advertising and promotions. These figures belie the argument that tobacco companies are in need of financial Ferrioli questioned whether a quorum was protection in the form of a firm cap on appeal bonds. present. Sincerely, Senate at ease pending arrival of members necessary to meet quorum requirements. All Theodore R. Kulongoski members present except Schrader attending Governor legislative business. Senate reassembled. HB 2246, 2987 -- Message from the House SB 189 -- Message from the Governor announcing concurrence in Senate amendments and announcing he signed on July 3. repassage.

SB 880 -- Vetoed by the Governor on July 3 with HB 2388 -- Message from the House announcing the following message: adoption of conference committee report and repassage. July 3, 2003 Atkinson moved that the Senate confirm the The Honorable Peter Courtney Governor’s appointment of David Kottkamp to the President of the Senate State Parks and Recreation Commission. On confirmation the vote was: Ayes, 30. Confirmed. Oregon State Senate 900 Court Street NE, S-203 Senate reverted to the order of Propositions and Salem, OR 97301 Motions by unanimous consent at the request of the Dear President Courtney: Chair. I have returned Enrolled Senate Bill 880 unsigned and disapproved for the reasons below. HB 2388 -- Conference Committee report adopted and bill repassed on motion of Metsger. The Senate Bill 880 would create a $100 million cap on the vote was: Ayes, 28; nays, 1 – George; attending amount of an appeal bond that could be required from a legislative business, 1 – Schrader. tobacco company in any litigation against a tobacco company that is a party to the Master Settlement Agreement with the states. Proponents of Senate Bill 880 Senate resumed under the general order of assert that such legislation is necessary to protect the business by implied consent. tobacco companies from large verdicts before such verdicts SENATE JOURNAL SJ-183

SB 921, 922 -- Introduced, read first time and SB 917 Rules referred to President’s desk. SB 918 Rules SB 919 Rules SB 5506, 5514, 5516, 5533; 184 -- Read second SB 920 Rules time and passed to third reading. HB 3154 Rules SB 500 -- Read third time. Carried by Winters. HB 2041 -- The Chair announced the following On passage of bill the vote was: Ayes, 29; attending assignments added to committee for consideration of legislative business, 1 – Schrader. Bill passed. bill. REVENUE SB 501 -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 29; attending Senator Metsger legislative business, 1 – Schrader. Bill passed. Senator Nelson Senate adjourned until 10:45 a.m. Tuesday by HB 3522 -- Read second time and passed to third unanimous consent at the request of the Chair. reading.

HB 5039 A-Eng. -- Read third time. Carried by Tuesday, July 8, 2003 -- Morning Session Carter. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Schrader. Bill Senate convened at 10:45 a.m. President Pro passed. Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, HB 2020 B-Eng. -- Read third time. Carried by Fisher, George, Gordly, Harper, Messerle, Metsger, Corcoran, Minnis. Call of the Senate demanded by Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Corcoran joined by Minnis and Brown. All members Shields, Starr, B., Starr, C., Walker, Winters, subject to the Call present. On passage of bill the President Courtney; excused -- Carter. Colors were vote was: Ayes, 16; nays, 14 – Atkinson, Beyer, posted and the Senate pledged allegiance to the flag. Clarno, Dukes, Ferrioli, Fisher, George, Harper, Invocation by Senator Frank Morse. Messerle, Morse, Nelson, Starr, B., Starr, C., Winters. Bill passed. SB 272 -- Message from the House announcing passage as amended by the House. HB 2041 -- Bill read. Carried by Metsger. Rereferred to Committee on Revenue by voice vote on motion of Metsger. HB 2828 -- Message from the House announcing concurrence in Senate amendments and repassage. HB 2244 B-Eng. -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 29; HB 2594 -- Message from the House announcing nays, 1 – Hannon. Bill passed. Williams, Ackerman, Krummel appointed House conferees. HB 2268 B-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 24; HB 3013 -- Message from the House announcing nays, 6 – Atkinson, Beyer, George, Hannon, Minnis, Garrard, Morgan, Schaufler appointed House Starr, B. Bill passed. conferees.

HB 3020 B-Eng. -- Read third time. Carried by Committee Report Summary No. 121 listing the Corcoran. On passage of bill the vote was: Ayes, 28; following reports was distributed to members July 7. nays, 2 – Gordly, Hannon. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 3231, 3613 -- Carried over to July 8 calendar by unanimous consent at the request of the Chair. HB 2188 -- Report by Committee on Revenue recommending passage with amendments. The following measures were referred to committee on July 3 and recorded on Committee HB 3272 -- Report by Committee on Rules Referral List No. 67 which was distributed to recommending passage with amendments to the A- members. Referral list recorded in the Journal and engrossed bill. Status Report by order of the President. Committee Report Summary No. 122 listing the SCR 8 Rules following reports was distributed to members today. SM 4 Rules Summary list recorded in Journal and Status Report SB 911 Rules by order of the President. SB 912 Rules SB 913 Rules; Ways and Means SCR 7 -- Report by Committee on Rules SB 914 Rules recommending adoption. SB 915 Rules SB 916 Rules

SJ-184 SENATE JOURNAL

SB 909 -- Report by Committee on Judiciary nays, 1 – Hannon; excused, 1 – Carter; attending recommending passage. legislative business, 1 – Winters. Bill passed.

HB 5020 -- Report by Committee on Ways and SB 267 -- Corcoran, Minnis appointed Senate Means recommending passage of the A-engrossed bill. conferees.

HB 2151 -- Report by Committee on Ways and Senate adjourned until 10:45 a.m. Wednesday by Means recommending passage. unanimous consent at the request of the Chair.

HB 2644 -- Report by Committee on Ways and Wednesday, July 9, 2003 -- Morning Session Means recommending passage of the B-engrossed bill. Senate convened at 10:45 a.m. President Pro HB 3232 -- Report by Committee on Ways and Tempore Hannon in Chair. The following members Means recommending passage. were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Devlin, Dukes, Ferrioli, Fisher, SB 267 -- Senate refused to concur in House George, Gordly, Harper, Messerle, Minnis, amendments by voice vote on motion of Corcoran. Morrisette, Morse, Ringo, Schrader, Shields, Starr, C., Walker, Winters, President Courtney; attending SB 5514 -- Taken from its place on today’s third legislative business -- Corcoran, Deckert, Metsger, reading calendar and placed on July 9 calendar by Nelson, Starr, B. Colors were posted and the Senate voice vote on motion of Winters. pledged allegiance to the flag. Invocation by Pastor Stephen P. Lewis of the Evergreen Presbyterian SCR 7; SB 909 -- Read second time and passed to Church, Salem. third reading. SB 287 -- Message from the Governor SB 5506 A-Eng. -- Read third time. Carried by announcing he signed on July 8. Schrader. On passage of bill the vote was: Ayes, 19; nays, 9 – Atkinson, Brown, Corcoran, Gordly, HB 2259, 2458 -- Message from the House Hannon, Metsger, Morrisette, Ringo, Shields; announcing passage. excused, 1 – Carter; attending legislative business, 1 – Winters. Bill passed. SB 610, 617 -- Message from the House announcing passage as amended by the House. SB 5516 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 25; HB 3010, 3304 -- Message from the House nays, 2 – Gordly, Hannon; excused, 1 – Carter; announcing concurrence in Senate amendments and attending legislative business, 2 – Atkinson, Winters. repassage. Bill passed. HB 3120 -- Message from the House announcing SB 5533 A-Eng. -- Read third time. Carried by House refusal to concur in Senate amendments. George. On passage of bill the vote was: Ayes, 27; Conferees to be appointed. nays, 1 – Hannon; excused, 1 – Carter; attending legislative business, 1 – Winters. Bill passed. Committee Report Summary No. 123 listing the following reports was distributed to members today. SB 184 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Gordly. On passage of bill the vote was: Ayes, 27; by order of the President. nays, 1 – Corcoran; excused, 1 – Carter; attending legislative business, 1 – Winters. Bill passed. HJR 55 -- Report by Committee on Rules recommending adoption of the A-engrossed HB 5020; 2151, 2188, 2644, 3232, 3272 -- Read resolution. second time and passed to third reading. HB 2783 -- Report by Committee on Judiciary HB 3231 A-Eng. -- Read third time. Carried by recommending passage of the B-engrossed bill. Dukes. On passage of bill the vote was: Ayes, 26; nays, 1 – Hannon; excused, 2 – Carter, Gordly; HB 2857 -- Report by Committee on Rules attending legislative business, 1 – Winters. Bill recommending passage of the B-engrossed bill. passed. HB 2900 -- Report by Committee on Judiciary HB 3613 A-Eng. -- Read third time. Carried by recommending passage of the A-engrossed bill. Brown. On passage of bill the vote was: Ayes, 27; nays, 1 – Hannon; excused, 1 – Carter; attending SCR 7 -- Taken from its place on today’s third legislative business, 1 – Winters. Bill passed. reading calendar and placed on July 14 calendar by voice vote on motion of Gordly. HB 3522 A-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 27; SENATE JOURNAL SJ-185

SB 923, 924, 925 -- Introduced, read first time SB 391, 886; HB 5040; 2089, 2110, 2153, 2193, and referred to President’s desk. 2254, 2522, 2646, 2770, 3177, 3338, 3344 -- Message from the House announcing Speaker signed on July 9. SB 5514 A-Eng. -- Read third time. Carried by Winters. Call of the Senate demanded by Winters Committee Report Summary No. 124 listing the joined by Gordly and Minnis. All present except following reports was distributed to members today. Metsger, Nelson, Starr, B., attending legislative Summary list recorded in Journal and Status Report business. Pending arrival of members subject to the by order of the President. Call, Senate at ease. All members present. Senate reassembled. On passage of bill the vote was: Ayes, SB 291 -- Report by Conference Committee 19; nays, 11 – Brown, Corcoran, Dukes, Gordly, signed by Senators Ferrioli, Shields and Hannon, Metsger, Minnis, Morrisette, Ringo, Shields, Representatives Beyer, Gilman, Kropf recommending Walker. Bill passed. that the Senate concur in House amendments dated May 7 and that the A-engrossed bill be further SB 909 -- Read third time. Carried by Ringo. On amended and repassed. passage of bill the vote was: Ayes, 30. Bill passed. SCR 8 -- Report by Committee on Rules HB 2259, 2458 -- Read first time and referred to recommending adoption. President’s desk. SB 610 B-Eng. -- Minnis moved that the Senate HJR 55; HB 2783, 2857, 2900 -- Read second concur in House amendments and repass bill. On time and passed to third reading. concurrence and repassage the vote was: Ayes, 23; nays, 5 – Beyer, Clarno, George, Hannon, Harper; HB 5020 A-Eng. -- Read third time. Carried by attending legislative business, 2 – Messerle, Dukes. On passage of bill the vote was: Ayes, 18; Schrader. Bill repassed. nays, 12 – Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Gordly, Hannon, Morrisette, Ringo, SB 617 -- Senate refused to concur in House Shields, Walker. Bill passed. amendments by voice vote on motion of Minnis.

HB 2151, 2188, 2644, 3232, 3272 -- Carried over SB 926, 927, 928 -- Introduced, read first time to July 10 calendar by unanimous consent at the and referred to President’s desk. request of the Chair. SCR 8 -- Read second time and passed to third SB 5508, 5518, 5529, 5531, 5546; 12 -- President reading. Courtney signed on July 9. HB 5048, 5058; 2260 -- Read first time and Senate adjourned until 10:45 a.m. Thursday by referred to President’s desk. unanimous consent at the request of the Chair. HB 2151 -- Read third time. Carried by Winters. Thursday, July 10, 2003 -- Morning Session On passage of bill the vote was: Ayes, 27; nays, 2 – Corcoran, Hannon; attending legislative business, 1 – Senate convened at 10:45 a.m. Atkinson in Messerle. Bill passed. Chair. The following members were present: Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Devlin, HB 2188 A-Eng. -- Read third time. Carried by Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Ferrioli. On passage of bill the vote was: Ayes, 27; Harper, Metsger, Minnis, Morrisette, Morse, Nelson, attending legislative business, 3 – Deckert, Messerle, Ringo, Shields, Starr, B., Starr, C., Walker, Winters, Schrader. Bill passed. President Courtney; attending legislative business -- Deckert, Messerle, Schrader. Colors were posted and HB 2644 B-Eng. -- Read third time. Carried by the Senate pledged allegiance to the flag. Invocation Dukes. On passage of bill the vote was: Ayes, 26; by Pastor Tim Wenzig of the Rosedale Friends attending legislative business, 4 – Deckert, Messerle, Church, Salem. Ringo, Schrader. Bill passed.

HB 2020, 3020 -- Message from the House HB 3232 -- Read third time. Carried by Dukes. announcing refusal to concur in Senate amendments. On passage of bill the vote was: Ayes, 25; attending legislative business, 5 – Corcoran, Deckert, Messerle, HB 3120 -- Message from the House announcing Ringo, Schrader. Bill passed. Garrard, Zauner, Greenlick, appointed House conferees. HB 3272 B-Eng. -- Read third time. Carried by Beyer. Morse declared potential conflict of interest. HB, 5048, 5058; 2260 -- Message from the House On passage of bill the vote was: Ayes, 25; attending announcing passage. legislative business, 5 – Corcoran, Deckert, Messerle, Ringo, Schrader. Bill passed.

SJ-186 SENATE JOURNAL

HJR 55 A-Eng. -- Read final time. Carried by The following message from the Governor was Ferrioli, Metsger. On adoption of resolution, the vote read and referred to the Committee on Rules: was: Ayes, 24; nays, 1 – Hannon; attending legislative business, 5 – Corcoran, Deckert, Messerle, Ringo, Schrader. Resolution adopted. July 10, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE HB 2783 B-Eng. -- Read third time. Carried by OF THE 72nd LEGISLATIVE ASSEMBLY Walker. On passage of bill the vote was: Ayes, 23; nays, 2 – Dukes, Hannon; attending legislative ORS 243.315 provides that the Governor shall appoint the business, 5 – Corcoran, Deckert, Messerle, Ringo, Director of Affirmative Action, subject to Senate Schrader. Bill passed. confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 2857 B-Eng. -- Read third time. Carried by I appoint Peggy Ross of Portland as the Director of Beyer. On passage of bill the vote was: Ayes, 22; Affirmative Action for a term beginning August 4, 2003, nays, 3 – Dukes, Gordly, Hannon; attending and serving at the pleasure of the Governor, effective upon legislative business, 5 – Corcoran, Deckert, Messerle, Senate confirmation. Ringo, Schrader. Bill passed. This appointment is submitted for your consideration. Sincerely, HB 2900 A-Eng. -- Read third time. Carried by Ted Kulongoski Starr, C. On passage of bill the vote was: Ayes, 25; Governor attending legislative business, 5 – Corcoran, Deckert, Messerle, Ringo, Schrader. Bill passed. SB 854 -- Message from the House announcing passage. The following measures were referred to committee on July 10 recorded on Committee Referral SB 59, 708 -- Message from the House List No. 68 which was distributed to members. announcing passage as amended by the House. Referral list recorded in the Journal and Status Report by order of the President. HB 3522, 3613 -- Message from the House announcing concurrence in Senate amendments and SB 921 Rules repassage. SB 922 Rules SB 923 Rules Committee Report Summary No. 125 listing the SB 924 Rules following reports was distributed to members today. SB 925 Rules; Ways and Means Summary list recorded in Journal and Status Report HB 2259 Ways and Means by order of the President. HB 2458 Rules SB 450 -- Report by Committee on Rules SB 617 -- Minnis, Burdick appointed Senate recommending passage with amendments. conferees. SB 908 -- Report by Committee on Judiciary HB 2020 -- Corcoran, Minnis appointed Senate recommending passage. conferees. HB 2378 -- Report by Committee on Rules HB 3020 -- Corcoran, Minnis appointed Senate recommending passage with amendments. conferees. SB 929, 930 -- Introduced, read first time and HB 3120 -- Corcoran, Starr, B. appointed Senate referred to President’s desk. conferees. SB 908 -- Read second time and passed to third Senate adjourned until 10:45 a.m. Friday by reading. unanimous consent at the request of the Chair. SCR 8 -- Read final time. Carried by Devlin. On adoption of resolution, the vote was: Ayes, 28; Friday, July 11, 2003 -- Morning Session excused, 2 – Ringo, Shields. Resolution adopted.

Senate convened at 10:45 a.m. President HB 5057; 2156, 2194, 3629 -- Read first time and Courtney in Chair. The following members were referred to President’s desk. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Senate adjourned until 10:45 a.m. Monday by Fisher, George, Gordly, Hannon, Harper, Messerle, unanimous consent at the request of the Chair. Metsger, Minnis, Morrisette, Morse, Nelson, Schrader, Starr, B., Starr, C., Walker, Winters; excused -- Ringo, Shields. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Gary George, Newberg. SENATE JOURNAL SJ-187

Monday, July 14, 2003 -- Morning Session attending legislative business, 2 – Corcoran, Starr, C. Bill repassed. Devlin granted unanimous consent to change from nay to aye. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were SB 450 -- Read second time and passed to third present: Atkinson, Beyer, Brown, Burdick, Carter, reading. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, SCR 7 -- Read final time. Carried by Gordly. On Shields, Starr, B., Walker, Winters; excused -- adoption of resolution, the vote was: Ayes, 27; Schrader; attending legislative business -- Starr, C. excused, 2 – George, Schrader; attending legislative Colors were posted and the Senate pledged allegiance business, 1 – Starr, C. Resolution adopted. to the flag. Invocation by Reverend Ed Lykens of the Church of the Nazarene, Prineville. SB 908 -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 25; nays, 1 – SB 5508, 5518, 5529, 5546; 12; HB 2166, 2217, Hannon; absent, 1 – Deckert; excused, 2 – George, 2279, 3431 -- Message from the House announcing the Schrader; attending legislative business, 1 – Starr, C. Speaker signed on July 11. Bill passed.

SB 5531 -- Message from the House announcing HJR 18; HB 2651 -- Message from the House the Speaker signed on July 14. announcing passage.

Committee Report Summary No. 126 listing the HJR 18; HB 2651 -- Read first time and referred following reports was distributed to members today. to President’s desk. Summary list recorded in Journal and Status Report by order of the President. HB 2378 -- Read second time and passed to third reading. Report by Committee on Rules recommending that the Governor’s appointments of Marguerite The following measures were referred to LaMont (appearance waived) and Buz Ortiz (r) committee on July 11 and recorded on Committee (appearance waived) to the State Housing Council be Referral List No. 69 which was distributed to confirmed en bloc. members. Referral list recorded in the Journal and Status Report by order of the President. Report by Committee on Rules recommending Director of Affirmative Action (ORS 243.315) that the Governor’s appointments of Douglas Henrichs (appearance waived) and Freda Vars (r) Peggy Ross Rules (appearance waived) to the Trustees of the State Library be confirmed en bloc. HB 2166, 2217, 2279, 3432 -- President Courtney signed on July 14. Report by Committee on Rules recommending that the Governor’s reappointment of Margaret Wolf Senate adjourned until 10:45 a.m. Tuesday by (appearance waived) to the Outdoor Youth Program unanimous consent at the request of the Chair. Advisory Board be confirmed.

Report by Committee on Rules recommending Tuesday, July 15, 2003 -- Morning Session that the Governor’s appointment of Linda Howrey Senate convened at 10:45 a.m. President (appearance waived) to the State Board of Pharmacy Courtney in Chair. The following members were be confirmed. present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, SB 59 B-Eng. -- Minnis moved that the Senate Fisher, George, Gordly, Hannon, Harper, Messerle, concur in House amendments and repass bill. On Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, concurrence and repassage the vote was: Ayes, 28; Starr, B., Walker, Winters; excused -- Schrader, excused, 1 – Schrader; attending legislative business, Shields; attending legislative business -- Starr, C. 1 – Starr, C. Bill repassed. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Chaplin Bryan McKelvey of SB 708 B-Eng. -- Morrisette moved that the the Washington County Sheriff’s office. (Hannon in Senate concur in House amendments and repass bill. Chair) On concurrence and repassage the vote was: Ayes, 27; nays, 1 – Hannon; excused, 1 – Schrader; attending SB 391 -- Message announcing Governor signed legislative business, 1 – Starr, C. Bill repassed. on July 14.

SB 291 -- Conference Committee report adopted HB 2188, 3272 -- Message from the House and bill repassed on motion of Shields. Nelson announcing concurrence in Senate amendments and declared a potential conflict of interest. The vote was: repassage. Ayes, 20; nays, 7 – Burdick, Carter, Dukes, George, Hannon, Nelson, Walker; excused, 1 – Schrader;

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HB 5004; 2797 -- Message from the House excused, 2 – Schrader, Shields; attending legislative announcing passage. business, 2 – Corcoran, Starr, C. Bill passed.

SB 108 -- Message from the House announcing The following measures were referred to passage as amended by the House. committee on July 14 and recorded on Committee Referral List No. 70 which was distributed to HB 5039; 2244, 2246, 2268, 2388, 2828, 2987, members. Referral list recorded in the Journal and 3010, 3231, 3304 -- Message from the House Status Report by order of the President. announcing the Speaker signed on July 14. SB 926 Rules SB 927 Rules Committee Report Summary No. 127 listing the SB 928 Rules; Ways and Means following reports was distributed to members today. Summary list recorded in Journal and Status Report SB 929 Rules by order of the President. SB 930 Rules HJR 18 Rules SB 910 -- Report by Committee on Judiciary HB 5048 Ways and Means recommending passage. HB 5057 Ways and Means HB 5058 Ways and Means Rules suspended by unanimous consent in order HB 2156 Ways and Means that the Senate may take en bloc action on the HB 2194 Ways and Means following appointments on motion of Beyer. HB 2260 Ways and Means HB 2651 Rules State Housing Council HB 3629 Ways and Means

Marguerite LaMont SB 242, 610, 854; HB 5039; 2244, 2246, 2268, Buz Ortiz (r) 2388, 2828, 2987, 3010, 3231, 3304 -- President Courtney signed on July 15. Trustees of the State Library Senate adjourned until 10:45 a.m. Wednesday by Douglas Henrichs unanimous consent at the request of the Chair. Freda Vars (r) Wednesday, July 16, 2003 -- Morning Session Outdoor Youth Program Advisory Board

Margaret Wolf (r) Senate convened at 10:45 a.m. President Courtney in Chair. The following members were present: Atkinson, Brown, Burdick, Clarno, Corcoran, State Board of Pharmacy Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Metsger, Morrisette, Morse, Ringo, Linda Howrey Shields, Starr, B., Walker, Winters; excused -- Beyer, Under rules suspension, Beyer moved that the Carter, Nelson, Schrader; attending legislative Senate confirm en bloc the Governor’s appointments business -- Harper, Messerle, Minnis, Starr, C. Colors as listed in the motion to suspend the rules. On were posted and the Senate pledged allegiance to the confirmation the vote was: Ayes, 24; absent, 1 – flag. Invocation by Missionary John Koski of Minnis; excused, 2 – Schrader, Shields; attending Dearborn, Michigan. (Hannon in Chair) legislative business, 3 – Corcoran, Harper, Starr, C. Confirmed en bloc. SB 190, 613, 820 -- Message from the House announcing passage as amended by the House. SB 931, 932 -- Introduced, read first time and referred to President’s desk. Committee Report Summary No. 128 listing the following reports was distributed to members July 15. SB 910 -- Read second time and passed to third Summary list recorded in Journal and Status Report reading. by order of the President.

SB 450 A-Eng. -- Read third time. Carried by HB 2041 -- Report by Committee on Revenue Burdick. On passage of bill the vote was: Ayes, 26; recommending passage with amendments to the B- excused, 2 – Schrader, Shields; attending legislative engrossed bill. business, 2 – Corcoran, Starr, C. Bill passed. Committee Report Summary No. 129 listing the HB 5004; 2797 -- Read first time and referred to following reports was distributed to members today. President’s desk. Summary list recorded in Journal and Status Report by order of the President. HB 2378 A-Eng. -- Read third time. Carried by Walker. On passage of bill the vote was: Ayes, 26; SENATE JOURNAL SJ-189

SB 904 -- Report by Committee on Judiciary does not take, nor does it require the taking of, a position on recommending passage with amendments. Referred any belief system or any particular faith-based or to Committee on Ways and Means by prior reference. community organization; this bill does not appropriate any money to any religious or theological institution; this bill does not require any client of DHS to disclose or discuss SB 108 A-Eng. -- Minnis moved that the Senate religious beliefs or practices; this bill does not require any concur in House amendments and repass bill. On client of DHS to participate in, or accept services from, concurrence and repassage the vote was: Ayes, 22; faith-based or community organizations; this bill has a excused, 4 – Beyer, Carter, Nelson, Schrader; secular purpose and will not result in excessive attending legislative business, 4 – Corcoran, Harper, entanglement between the state and religion. Messerle, Starr, C. Bill repassed. “I have instructed DHS to ensure that the pilot program mandated by Senate Bill 886 is indeed consistent SB 910 -- Read third time. Carried by Walker. with the Establishment and Equal Protection clauses of the On passage of bill the vote was: Ayes, 21; nays, 1 – and Oregon constitutions. DHS must remain Hannon; excused, 4 – Beyer, Carter, Nelson, mindful of the protections found in the bill; it must avoid Schrader; attending legislative business, 4 – excessive entanglement between the state and religion; it must ensure that its pilot program provides information Corcoran, Harper, Messerle, Starr, C. Bill passed. about, and facilitates services through, organizations in a way that does not draw distinctions between clients based Senate adjourned until 10:45 a.m. Thursday by on religious affiliation; and it must ensure that any unanimous consent at the request of the Chair. organization that impermissibly discriminates in its beneficence is not involved in the pilot program in any way. Thursday, July 17, 2003 -- Morning Session “I thank members of the Legislative Assembly who worked on this important legislation.” Senate convened at 10:45 a.m. President Courtney in Chair. The following members were Sincerely, present: Atkinson, Beyer, Brown, Burdick, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Ted Kulongoski George, Gordly, Harper, Messerle, Metsger, Minnis, Governor Morse, Nelson, Ringo, Schrader, Shields, Starr, B., HB 3645 -- Message from the House announcing Starr, C., Walker, Winters; excused -- Carter, passage. Hannon, Morrisette. Colors were posted and the Senate pledged allegiance to the flag. Invocation by SB 232, 609 -- Message from the House Senator Bill Fisher, Roseburg. announcing passage as amended by the House.

SB 886 -- Message from the Governor SB 291 -- Message from the House announcing announcing he signed on July 16. adoption of conference committee report and repassage. SB 886 -- The following message from the Governor was read. SB 242, 610, 854; HJR 55; HB 5020; 2151, 2644, 2783, 2857, 2900, 3232, 3522, 3613 -- Message from July 16, 2003 the House announcing the Speaker signed on July 16.

The Honorable Peter Courtney Committee Report Summary No. 130 listing the President of the Senate following reports was distributed to members July 16. Oregon State Senate Summary list recorded in Journal and Status Report 900 Court Street NE, S-203 by order of the President. Salem, OR 97301 HJR 18 -- Report by Committee on Rules Dear President Courtney: recommending adoption with amendments to the B- “I have signed Enrolled Senate Bill 886, which engrossed resolution. (Amendments distributed July instructs the Department of Human Services to develop a 17) pilot program to facilitate access to available assistance from community and faith-based organizations for all Oregonians. It is my understanding that the pilot program HB 2651 -- Report by Committee on Rules will enable DHS to take a systemic view of the entire pool of recommending passage with amendments to the A- community resources, including the existing strengths engrossed bill. (Amendments distributed July 17) available through community and faith-based organizations, in addition to those offered by the state, in Committee Report Summary No. 131 listing the order to assist its clients with accessing all appropriate and following reports was distributed to members today. available resources. Such organizations can provide Summary list recorded in Journal and Status Report invaluable assistance to needy Oregonians who are unaware of the availability of such aid. I strongly support by order of the President. this endeavor. HB 2094 -- Report by Committee on Judiciary “Senate Bill 886 is an innovative private-public recommending passage with amendments to the A- approach to addressing our citizens’ needs, but its creativity will need careful administration. With that in mind, it is engrossed bill to resolve conflicts. important to clarify what this bill does not do. This bill

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HJR 18; HB 2651 -- Rules suspended by Morrisette, Morse, Nelson, Ringo, Schrader, Starr, B., unanimous consent to second and third read Walker, President Courtney; excused -- Deckert, immediately under a Special Order of Business on George, Shields, Starr, C., Winters. Colors were motion of Beyer. posted and the Senate pledged allegiance to the flag. Invocation by Pastor Melvin Bailey of Bethesda HJR 18; HB 2651 -- Under rules suspension and Christian Church, Portland. Special Order of Business, read second time. SB 5508, 5518, 5529, 5531, 5546; 12 -- Message HJR 18 C-Eng. -- Under rules suspension and from the Governor announcing he signed on July 17. Special Order of Business, read final time. Carried by Beyer. On adoption of resolution, the vote was: Ayes, The following messages from the Governor were 23; nays, 1 – George; excused, 3 – Carter, Hannon, read and referred to the Committee on Rules. Morrisette; attending legislative business, 3 – July 17, 2003 Deckert, Metsger, Schrader. Resolution adopted. TO THE HONORABLE PRESIDENT OF THE SENATE HB 2651 B-Eng -- Under rules suspension and OF THE 72nd LEGISLATIVE ASSEMBLY Special Order of Business, read third time. Carried ORS 185.130 provides that the Governor shall appoint the by Beyer. On passage of bill the vote was: Ayes, 25; members of the Oregon Disabilities Commission, subject to excused, 3 – Carter, Hannon, Morrisette; attending Senate confirmation, in the manner provided by ORS legislative business, 2 – Brown, Schrader. Bill 171.562 and ORS 171.565. passed. I appoint Michael James of Portland to the Oregon Disabilities Commission for a three-year term, as provided HB 2041 -- Made a Special Order of Business by statute, beginning August 1, 2003, and ending on July and moved to the head of the calendar by unanimous 31, 2006, effective upon Senate confirmation. This consent at the request Metsger. appointment is submitted for your consideration.

HB 2041 C-Eng. -- Under Special Order of Sincerely, Business, bill read. Carried by Metsger, Starr, B. Ted Kulongoski Morse declared potential conflict of interest. Call of Governor the Senate demanded by Metsger joined by Gordly and Starr, B. All present except Carter, Hannon, July 17, 2003 Morrisette, excused. All members subject to the Call present. On passage of bill the vote was: Ayes, 23; TO THE HONORABLE PRESIDENT OF THE SENATE nays, 4 – Atkinson, Beyer, Fisher, George; excused, 3 OF THE 72nd LEGISLATIVE ASSEMBLY – Carter, Hannon, Morrisette. Bill passed. ORS 185.130 provides that the Governor shall appoint the members of the Oregon Disabilities Commission, subject to SB 190 B-Eng. -- Metsger moved that the Senate Senate confirmation, in the manner provided by ORS concur in House amendments and repass bill. On 171.562 and ORS 171.565. concurrence and repassage the vote was: Ayes, 26; I appoint Robert Pope of Salem to the Oregon Disabilities excused, 3 – Carter, Hannon, Morrisette; attending Commission for a three-year term, as provided by statute, legislative business, 1 – Brown. Bill repassed. beginning August 1, 2003, and ending on July 31, 2006, effective upon Senate confirmation. This appointment is SB 820 -- Senate refused to concur in House submitted for your consideration. amendments by voice vote on motion of Ferrioli. Sincerely, SB 933, 934, 935 -- Introduced, read first time Ted Kulongoski Governor and referred to President’s desk. HB 3645 -- Read first time and referred to July 17, 2003 President’s desk. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HJR 18; HB 2651 -- President Courtney signed on July 17. ORS 516.080 provides that the Governor shall appoint the members of the Governing Board of the Department of Geology and Mineral Industries, subject to Senate Senate adjourned until 10:45 a.m. Monday by confirmation, in the manner provided by ORS 171.562 and unanimous consent at the request of the Chair. ORS 171.565. I reappoint Vera Simonton of Pendleton to the Governing Monday, July 21, 2003 -- Morning Session Board of the Department of Geology and Mineral Industries for a four-year term, as provided by statute, beginning October 16, 2003, and ending on October 15, 2007, effective Senate convened at 10:45 a.m. President Pro upon Senate confirmation. This appointment is submitted Tempore Hannon in Chair. The following members for your consideration. were present: Atkinson, Beyer, Brown, Burdick, Carter, Clarno, Corcoran, Devlin, Dukes, Ferrioli, Sincerely, Fisher, Gordly, Harper, Messerle, Metsger, Minnis, Ted Kulongoski SENATE JOURNAL SJ-191

Governor HB 2378 -- Message from the House announcing refusal to concur in Senate amendments. July 17, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE SB 617 -- Message from the House announcing Williams, Anderson, Ackerman appointed House OF THE 72nd LEGISLATIVE ASSEMBLY conferees. ORS 351.020 provides that the Governor shall appoint the members of the State Board of Higher Education, subject to HB 2020 -- Message from the House announcing Senate confirmation, in the manner provided by ORS Knopp, Brown, Macpherson appointed House 171.562 and ORS 171.565. conferees. I appoint Henry Lorenzen of Pendleton to the State Board of Higher Education for a four-year term, as provided by HJR 18; HB 2651 -- Message from the House statute, beginning August 1, 2003, and ending on June 30, announcing the Speaker signed on July 17. 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. Committee Report Summary No. 132 listing the following reports was distributed to members July 18. Sincerely, Summary list recorded in Journal and Status Report Ted Kulongoski Governor by order of the President.

July 17, 2003 SB 5512 -- Report by Committee on Ways and Means recommending passage with amendments. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY SB 5525 -- Report by Committee on Ways and ORS 541.360 provides that the Governor shall appoint the Means recommending passage with amendments. members of the Oregon Watershed Enhancement Board, subject to Senate confirmation, in the manner provided by HB 3631 -- Report by Committee on Rules ORS 171.562 and ORS 171.565. recommending passage with amendments to the A- I appoint Daniel Heagerty of Portland to the Oregon engrossed bill. Watershed Enhancement Board for a four-year term, as provided by statute, beginning August 1, 2003, and ending Committee Report Summary No. 133 listing the on July 31, 2007, effective upon Senate confirmation. This following reports was distributed to members today. appointment is submitted for your consideration. Summary list recorded in Journal and Status Report by order of the President. Sincerely, Ted Kulongoski HB 2865 -- Report by Conference Committee, Governor signed by Senators Burdick, Minnis and Representatives Ackerman, Anderson, Williams, July 17, 2003 recommending the House concur in Senate TO THE HONORABLE PRESIDENT OF THE SENATE amendments dated June 17 and that the bill be further amended and repassed. OF THE 72nd LEGISLATIVE ASSEMBLY ORS 541.360 provides that the Governor shall appoint the SB 302 -- Report by Committee on Ways and members of the Oregon Watershed Enhancement Board, Means recommending passage of the A-engrossed bill. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. SB 918 -- Report by Committee on Rules I reappoint Jan O’Keeffe of Adel to the Oregon Watershed recommending passage. Enhancement Board for a four-year term, as provided by statute, beginning July 1, 2003, and ending on June 30, 2007, effective upon Senate confirmation. This appointment SB 919 -- Report by Committee on Rules is submitted for your consideration. recommending passage. SB 923 -- Report by Committee on Rules Sincerely, Ted Kulongoski recommending passage. Governor SB 5516, 5533; HB 2172, 2179, 3322 3646 -- SB 927 -- Report by Committee on Rules Message from the House announcing passage. recommending passage.

SB 155, 752 -- Message from the House HB 5048 -- Report by Committee on Ways and announcing passage as amended by the House. Means recommending passage of the A-engrossed bill.

HJR 18; HB 2651 -- Message from the House HB 5057 -- Report by Committee on Ways and announcing concurrence in Senate amendments and Means recommending passage. repassage. HB 5058 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill.

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HB 2095 -- Report by Committee on Ways and SB 5506, 5514; HB 2399 -- Message from the Means recommending passage of the B-engrossed bill. House announcing passage.

HB 2156 -- Report by Committee on Ways and HB 2188, 3272 -- Message from the House Means recommending passage of the A-engrossed bill. announcing the Speaker signed on July 18.

HB 2194 -- Report by Committee on Ways and SB 59, 291, 708 -- Message from the House Means recommending passage. announcing the Speaker signed on July 21.

HB 2259 -- Report by Committee on Ways and Committee Report Summary No. 134 listing the Means recommending passage. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 2260 -- Report by Committee on Ways and by order of the President. Means recommending passage of the A-engrossed bill. SB 267 -- Report by Conference Committee, HB 3154 -- Report by Committee on Rules signed by Senators Corcoran, Minnis and recommending passage of the A-engrossed bill. Representatives Ackerman, Patridge, Williams, recommending the Senate concur in House HB 3629 -- Report by Committee on Ways and amendments dated June 17 and that the bill be Means recommending passage. further amended and repassed.

SB 272 -- Senate refused to concur in House HB 2221 -- Report by Conference Committee, amendments by voice vote on motion of Beyer. signed by Senators Burdick, Minnis and Representatives Brown, Greenlick, Mabrey, recommending the House concur in Senate SB 936 -- Introduced, read first time and amendments dated June 11 and that the bill be referred to President’s desk. further amended and repassed.

SB 5512, 5525; 302, 918, 919, 923, 927 -- Read HB 3020 -- Report by Conference Committee, second time and passed to third reading. signed by Senators Corcoran, Minnis and Representatives Brown, Knopp, Barker, HB 2172, 2179, 3322, 3646 -- Read first time and recommending the House concur in Senate referred to President’s desk. amendments dated July 2 and that the bill be further amended and repassed. HB 5048, 5057, 5058; 2095, 2156, 2194, 2259, 2260, 3154, 3629, 3631 -- Read second time and SB 911 -- Report by Committee on Rules passed to third reading. recommending passage with amendments.

HB 2094 -- Read second and passed to third SB 912 -- Report by Committee on Rules reading. recommending passage with amendments.

SB 59, 708; HJR 55; HB 5020; 2151, 2644, 2783, HB 5004 -- Report by Committee on Ways and 2857, 2900, 3232, 3522, 3613 -- President Courtney Means recommending passage of the A-engrossed bill. signed on July 17. SB 609 B-Eng. -- Nelson moved that the Senate SB 291 -- President Courtney signed on July 21. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 24; Senate adjourned until 10:45 a.m. Tuesday by absent, 2 – Burdick, Schrader; excused, 2 – Carter, unanimous consent at the request of the Chair. Walker; attending legislative business, 2 – Deckert, Starr, B. Bill repassed.

Tuesday, July 22, 2003 -- Morning Session SB 613 B-Eng. -- Minnis moved that the Senate concur in House amendments and repass bill. On Senate convened at 10:45 a.m. President concurrence and repassage the vote was: Ayes, 24; Courtney in Chair. The following members were nays, 1 – Gordly; absent, 1 – Schrader; excused, 2 – present: Atkinson, Beyer, Brown, Burdick, Carter, Carter, Walker; attending legislative business, 2 – Clarno, Corcoran, Devlin, Dukes, Ferrioli, Fisher, Deckert, Starr, B. Bill repassed. George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, SB 5512 A-Eng. -- Read third time. Carried by Shields, Starr, C., Winters; excused -- Walker; Devlin. On passage of bill the vote was: Ayes, 24; attending legislative business -- Deckert, Starr, B. nays, 2 – Hannon, Shields; excused, 2 – Carter, Colors were posted and the Senate pledged allegiance Walker; attending legislative business, 2 – Deckert, to the flag. Invocation by Senator Frank Shields, Starr, B. Bill passed. Portland. SENATE JOURNAL SJ-193

SB 5525 A-Eng. -- Read third time. Carried by HB 5058 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 24; Devlin. On passage of bill the vote was: Ayes, 26; nays, 3 – Gordly, Hannon, Morrisette; excused, 1 – nays, 1 – Hannon; excused, 1 – Walker; attending Walker; attending legislative business, 2 – Deckert, legislative business, 2 – Deckert, Starr, B. Bill Starr, B. Bill passed. passed.

SB 302 A-Eng. -- Read third time. Carried by HB 2094 B-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 26; Minnis. On passage of bill the vote was: Ayes, 25; nays, 1 – Hannon; excused, 1 – Walker; attending nays, 1 – Brown; excused, 1 – Walker; attending legislative business, 2 – Deckert, Starr, B. Bill legislative business, 3 – Deckert, Schrader, Starr, B. passed. Bill passed.

SB 918 -- Read third time. Carried by Burdick. HB 2095 B-Eng. -- Read third time. Carried by On passage of bill the vote was: Ayes, 17; nays, 10 – Devlin. On passage of bill the vote was: Ayes, 27; Atkinson, Ferrioli, Fisher, George, Hannon, Harper, excused, 1 – Walker; attending legislative business, 2 Minnis, Morse, Nelson, Starr C.; excused, 1 – Walker; – Deckert, Starr, B. Bill passed. attending legislative business, 2 – Deckert, Starr, B. Bill passed. HB 2156 A-Eng. -- Read third time. Carried by Carter. On passage of bill the vote was: Ayes, 27; SB 919 -- Read third time. Carried by Atkinson. excused, 1 – Walker; attending legislative business, 2 On passage of bill the vote was: Ayes, 20; nays, 7 – – Deckert, Starr, B. Bill passed. Carter, Corcoran, George, Hannon, Ringo, Schrader, Shields; excused, 1 – Walker; attending legislative HB 2194, 2259, 2260, 3154, 3629, 3631 -- business, 2 – Deckert, Starr, B. Bill passed. Carried over to July 23 calendar by unanimous consent at the request of the Chair. SB 923 -- Read third time. Carried by Burdick. On passage of bill the vote was: Ayes, 27; excused, 1 – The following measures were referred to Walker; attending legislative business, 2 – Deckert, committee on July 21 and recorded on Committee Starr, B. Bill passed. Referral List No. 71 which was distributed to members. Referral list recorded in the Journal and SB 927 -- Read third time. Carried by Atkinson. Status Report by order of the President. On passage of bill the vote was: Ayes, 26; excused, 2 – Minnis, Walker; attending legislative business, 2 – SB 931 Rules; Ways and Means Deckert, Starr, B. Bill passed. (Atkinson in Chair) SB 932 Rules SB 933 Rules HB 2399 -- Read first time and referred to SB 934 Rules President’s desk. SB 935 Rules HB 5004 Ways and Means HB 5004 -- Read second time and passed to third HB 2797 Judiciary reading. HB 3645 Rules

HB 5048 A-Eng. -- Read third time. Carried by Oregon Disabilities Commission (ORS 185.130) Devlin. On passage of bill the vote was: Ayes, 23; Michael James Rules nays, 3 – Gordly, Hannon, Morrisette; excused, 1 – Robert Pope Rules Walker; attending legislative business, 3 – Brown, Deckert, Starr, B. Bill passed. Governing Board of the Department of Geology and Mineral Industries (ORS 351.020) HB 5048 -- Gordly requested the following Vera Simonton (r) Rules explanation of vote be entered into the journal. State Board of Higher Education(ORS 351.020) “The Public Defense Services Commission has been Henry Lorenzen Rules created as a new agency without performance measures for direct and contract public defense services. These should Oregon Watershed Enhancement Board(ORS 541.360) have been put in place prior to action on the budget. Daniel Heagerty Rules Performance measures are due for presentation in draft form to the Joint Legislative Audit Committee for review Jane O’Keeffe (r) Rules and approval by no later than July 2004.” HB 2378 -- Walker, Atkinson appointed Senate HB 5057 -- Read third time. Carried by Carter. conferees. On passage of bill the vote was: Ayes, 25; nays, 2 – Fisher, Hannon; excused, 1 – Walker; attending SB 5516, 5533; 108, 190; HB 2188, 3272 -- legislative business, 2 – Deckert, Starr, B. Bill President Courtney signed July 22. passed. Senate adjourned until 10:45 a.m. Wednesday by unanimous consent at the request of the Chair.

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Wednesday, July 23, 2003 -- Morning Session SB 63, 911, 912, 914, 916 -- Read second time and passed to third reading.

Senate convened at 10:45 a.m. Metsger in Chair. HB 2194 -- Read third time. Carried by The following members were present: Atkinson, Messerle. On passage of bill the vote was: Ayes, 27; Beyer, Brown, Burdick, Carter, Clarno, Corcoran, excused, 1 – Shields; attending legislative business, 2 Deckert, Devlin, Dukes, Ferrioli, Fisher, George, – Atkinson, Starr, B. Bill passed. Gordly, Hannon, Harper, Messerle, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters, President HB 2259 -- Read third time. Carried by Dukes. Courtney. Colors were posted and the Senate pledged On passage of bill the vote was: Ayes, 25; nays, 2 – allegiance to the flag. Invocation by Steve Hopkins of Hannon, Minnis; excused, 1 – Shields; attending Calvary Chapel, Salem. legislative business, 2 – Atkinson, Starr, B. Bill passed. SB 242, 610, 854 -- Message from the Governor announcing he signed on July 22. HB 2260 A-Eng. -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 25; nays, 2 – George, Hannon; excused, 1 – Shields; SB 5516, 5533; 108, 190 -- Message from the attending legislative business, 2 – Atkinson, Starr, B. House announcing the Speaker signed on July 22. Bill passed.

Committee Report Summary No. 135 listing the HB 3154 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Corcoran. On passage of bill the vote was: Ayes, 19; Summary list recorded in Journal and Status Report nays, 8 – Dukes, Ferrioli, Hannon, Metsger, Minnis, by order of the President. Morrisette, Morse, Ringo; excused, 1 – Shields; attending legislative business, 2 – Atkinson, Starr, B. SB 516 C-Eng. -- Report by Conference Bill passed. Committee signed by Senators Atkinson, Metsger and Representatives Ackerman, Garrard, Richardson HB 3629 -- Read third time. Carried by Gordly. recommending that the Senate concur in House On passage of bill the vote was: Ayes, 29; excused, 1 – amendments dated May 9 and May 27 and that the C- Shields. Bill passed. engrossed bill be further amended and repassed. HB 3631 B-Eng. -- Read third time. Carried by SB 63 -- Report by Committee on Ways and Ringo. Call of the Senate demanded by Beyer joined Means recommending passage of the A-engrossed bill. by Gordly and Atkinson. All present except Shields, excused. On passage of bill the vote was: Ayes, 20; SB 906 -- Report by Committee on Rules nays, 9 – Brown, Burdick, Devlin, Dukes, Gordly, recommending passage with amendments and Metsger, Morrisette, Walker, President Courtney; requesting subsequent referral to Committee on Ways excused, 1 – Shields. Bill passed. and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with HB 5004 A-Eng. -- Read third time. Carried by President Pro Tempore. Winters. On passage of bill the vote was: Ayes, 27; nays, 1 – Hannon; excused, 1 – Shields; attending SB 914 -- Report by Committee on Rules legislative business, 1 – Nelson. Bill passed. recommending passage. The following measures were referred to SB 916 -- Report by Committee on Rules committee on July 22 and recorded on Committee recommending passage. Referral List No. 72 which was distributed to members. Referral list recorded in the Journal and HB 2167 -- Report by Committee on Ways and Status Report by order of the President. Means recommending passage with amendments to the A-engrossed bill. SB 936 Rules HB 2172 Ways and Means HB 2898 -- Report by Committee on Ways and HB 2179 Ways and Means Means recommending passage with amendments to HB 2399 Revenue the A-engrossed bill. HB 3322 Ways and Means HB 3646 Rules SB 155 A-Eng. -- Fisher moved that the Senate Senate adjourned until 10:45 a.m. Thursday by concur in House amendments and repass bill. On unanimous consent at the request of the Chair. concurrence and repassage the vote was: Ayes, 29; excused, 1 – Shields. Bill repassed. Thursday, July 24, 2003 -- Morning Session Senate at ease. Senate reassembled. Senate convened at 10:45 a.m. President Pro SB 232 -- Senate refused to concur in House Tempore Hannon in Chair. The following members amendments by voice vote on motion of Deckert. were present: Beyer, Brown, Burdick, Carter, SENATE JOURNAL SJ-195

Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, HB 5045, 5046, 5049, 5078 -- Message from the Gordly, Harper, Metsger, Minnis, Morrisette, Morse, House announcing passage. Nelson, Ringo, Shields, Starr, B., Starr, C., Walker, Winters, President Courtney; excused -- Atkinson, HB 2041 -- Message from the House announcing Devlin; attending legislative business -- Clarno, concurrence in Senate amendments and repassage. Messerle, Schrader. Colors were posted and the Senate pledged allegiance to the flag. Invocation by HB 2865 -- Message from the House announcing Senator Bruce Starr, Aloha. Conference Committee Report adopted and bill repassed. The following messages from the Governor were read and referred to the Committee on Rules. HB 2221 -- Message from the House announcing Conference Committee Report failed. Conference July 23, 2003 Committee No. 2 conferees to be appointed.

TO THE HONORABLE PRESIDENT OF THE SENATE Committee Report Summary No. 136 listing the OF THE 72nd LEGISLATIVE ASSEMBLY following reports was distributed to members today. ORS 778.215 provides that the Governor shall appoint the Summary list recorded in Journal and Status Report members of the Board of Commissioners of the Port of by order of the President. Portland, subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 2368 -- Report by Committee on Judiciary recommending passage with amendments to the B- I appoint Steve Corey of Pendleton to the Board of engrossed bill. Commissioners of the Port of Portland for an unexpired four-year term, as provided by statute, beginning August 1, In accordance with SR 2.05, Metsger moved that 2003 and ending on March 31, 2005, effective upon Senate the proposed amendment to Senate Rule 3.05, (3) and confirmation. (4), to the Rules of the Senate for the Seventy-second This appointment is submitted for your consideration. Legislative Assembly, be adopted. Corcoran moved that the motion to adopt the proposed amendments Sincerely, be laid on the table. Motion carried by voice vote. Ted Kulongoski Governor SB 267 -- Conference Committee report adopted and bill repassed on motion of Minnis. The vote was: July 23, 2003 Ayes, 24; excused, 2 – Atkinson, Devlin; attending legislative business, 4 – Clarno, Messerle, Ringo, TO THE HONORABLE PRESIDENT OF THE SENATE Schrader. Bill repassed. OF THE 72nd LEGISLATIVE ASSEMBLY ORS 778.215 provides that the Governor shall appoint the SB 911 -- Taken from its place on today’s third members of the Board of Commissioners of the Port of reading calendar and rereferred to Committee on Portland, subject to Senate confirmation, in the manner Rules by voice vote on motion of Corcoran. provided by ORS 171.562 and ORS 171.565. I appoint Thomas Imeson of Portland to the Board of SB 937 -- Introduced, read first time and Commissioners of the Port of Portland for a four-year term, referred to President’s desk. as provided by statute, beginning August 1, 2003, and ending on July 31, 2007, effective upon Senate confirmation. SB 906 -- Read second time and passed to third reading. This appointment is submitted for your consideration. Sincerely, SB 63 A-Eng. -- Read third time. Carried by Ted Kulongoski Morse. On passage of bill the vote was: Ayes, 24; Governor excused, 2 – Atkinson, Devlin; attending legislative business, 4 – Clarno, Messerle, Ringo, Schrader. Bill July 23, 2003 passed. TO THE HONORABLE PRESIDENT OF THE SENATE SB 912 A-Eng. -- Read third time. Carried by OF THE 72nd LEGISLATIVE ASSEMBLY Burdick. On passage of bill the vote was: Ayes, 20; ORS 778.215 provides that the Governor shall appoint the nays, 3 – Dukes, Hannon, Shields; excused, 2 – members of the Board of Commissioners of the Port of Atkinson, Devlin; attending legislative business, 5 – Portland, subject to Senate confirmation, in the manner Carter, Clarno, Messerle, Ringo, Schrader. Bill provided by ORS 171.562 and ORS 171.565. passed. I reappoint Jay Waldron of Portland to the Board of Commissioners of the Port of Portland for a four-year term, SB 914 -- Read third time. Carried by Corcoran. as provided by statute, beginning March 20, 2003, and On passage of bill the vote was: Ayes, 24; excused, 2 – ending on March 19, 2007, effective upon Senate Atkinson, Devlin; attending legislative business, 4 – confirmation. Clarno, Messerle, Ringo, Schrader. Bill passed. This appointment is submitted for your consideration. SB 916 -- Read third time. Carried by Morse. Sincerely, Ted Kulongoski On passage of bill the vote was: Ayes, 24; excused, 2 – Governor

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Atkinson, Devlin; attending legislative business, 4 – Summary list recorded in Journal and Status Report Clarno, Messerle, Ringo, Schrader. Bill passed. by order of the President.

HB 5045, 5046, 5049, 5078 -- Read first time and SJR 14 -- Report by Committee on Ways and referred to President’s desk. Means recommending adoption.

HB 2167, 2898 -- Read second time and passed to SB 5530 -- Report by Committee on Ways and third reading. Means recommending passage with amendments.

Parliamentary inquiry by Burdick requesting SB 196 -- Report by Committee on Ways and clarification of the rules regarding voice vote and roll Means recommending passage with amendments to call vote. The Chair cited SR 3.15 (2) “ Upon demand the A-engrossed bill. of two members, a roll call shall be taken and recorded on any question” and SR 3.15 (3) “If the SB 468 -- Report by Committee on Ways and presiding officer is in doubt on any motion considered Means recommending passage with amendments to on voice vote, the presiding officer shall order a roll the A-engrossed bill. call vote.” SB 597 -- Report by Committee on Ways and SB 232 -- Deckert, Ferrioli appointed Senate Means recommending passage with amendments to conferees. the A-engrossed bill.

SB 820 -- Ferrioli, Ringo appointed Senate HB 3187 -- Report by Committee on Ways and conferees. Means recommending passage of the A-engrossed bill.

Senate adjourned until 10:45 a.m. Friday by Report by Committee on Rules recommending unanimous consent at the request of the Chair. that the Governor’s appointment of Lynn Hampton and reappointment of Deirdre Malarkey to the Environmental Quality Commission be confirmed en Friday, July 25, 2003 -- Morning Session bloc.

Senate convened at 10:45 a.m. President SB 516 C-Eng.* -- Conference Committee report Courtney in Chair. The following members were adopted and bill repassed on motion of Metsger. The present: Brown, Burdick, Carter, Clarno, Corcoran, vote was: Ayes, 26; absent, 1 – Schrader; excused, 2 – Deckert, Devlin, Dukes, Fisher, George, Gordly, Atkinson, Beyer; attending legislative business, 1 – Hannon, Harper, Messerle, Metsger, Minnis, Ferrioli. Bill repassed. Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; excused -- HB 2865 B-Eng.* -- Conference Committee Atkinson, Beyer; attending legislative business -- report adopted and bill repassed on motion of Ferrioli. Colors were posted and the Senate pledged Burdick. The vote was: Ayes, 23; nays, 3 – Carter, allegiance to the flag. Invocation by Pastor Michael Devlin, Hannon; absent, 1 – Schrader; excused, 2 – Harrington of the Calvary Chapel, Salem. Atkinson, Beyer; attending legislative business, 1 – Ferrioli. Bill repassed. HB 2248, 3597 -- Message from the House announcing passage. SJR 14 -- Read second time and passed to third reading. HJM 10 -- Message from the House announcing adoption. SB 906 A-Eng. -- Read third time. Carried by Nelson. On passage of bill the vote was: Ayes, 25; SB 297, 342 -- Message from the House nays, 1 – Hannon; absent, 1 – Schrader; excused, 2 – announcing passage as amended by the House. Atkinson, Beyer; attending legislative business, 1 – Ferrioli. Bill passed. HB 2095 -- Message from the House announcing concurrence in Senate amendments and repassage. HJM 10; HB 2248, 3597 -- Read first time and referred to President’s desk. SB 272 -- Message from the House announcing Close, Smith, T., Monnes Anderson appointed House HB 2368, 3187 -- Read second time and passed to conferees. third reading.

HB 2378 -- Message from the House announcing HB 2167 C-Eng. -- Read third time. Carried by Doyle, Flores, Verger appointed House conferees. Morse. On passage of bill the vote was: Ayes, 25; nays, 1 – Hannon; excused, 3 – Atkinson, Beyer, Committee Report Summary No. 137 listing the Schrader; attending legislative business, 1 – Ferrioli. following reports was distributed to members today. Bill passed. SENATE JOURNAL SJ-197

HB 2898 B-Eng. -- Read third time. Carried by Starr, B., Starr, C., Winters, President Courtney; Messerle. On passage of bill the vote was: Ayes, 25; excused -- Nelson, Walker; attending legislative nays, 1 – Hannon; excused, 3 – Atkinson, Beyer, business -- Dukes. Colors were posted and the Senate Schrader; attending legislative business, 1 – Ferrioli. pledged allegiance to the flag. Invocation by Senator Bill passed. Jackie Winters, Salem.

President Courtney announced the following HB 5077 -- Message from the House announcing committee assignments effective July 25. passage.

SPECIAL COMMITTEE ON BUDGET HB 3020 -- Message from the House announcing Senator Kurt Schrader, Chair Conference Committee Report adopted and bill Senator Steve Harper, Vice-Chair repassed. Senator Margaret Carter Senator Richard Devlin HB 5048, 5057, 5058; 2041, 2156 -- Message from Senator Joan Dukes the House announcing Speaker signed on July 25. Senator Gary George Senator Avel Gordly Committee Report Summary No. 138 listing the Senator Ken Messerle following reports was distributed to members today. Summary list recorded in Journal and Status Report Senator Frank Morse by order of the President. Senator Jackie Winters SB 922 -- Report by Committee on Rules President Courtney announced the following recommending passage. committee assignments effective July 28. HB 2172 -- Report by Committee on Ways and SENATE COMMITTEE ON RULES Means recommending passage. Senator Roger Beyer, Co-Chair Senator Kate Brown, Co-Chair HB 2179 -- Report by Committee on Ways and Senator Jason Atkinson, Vice-Chair Means recommending passage of the A-engrossed bill. Senator Ginny Burdick, Vice-Chair Senator Beverly Clarno HB 3322 -- Report by Committee on Ways and Senator Tony Corcoran Means recommending passage.

HB 3645 -- Report by Committee on Rules The following measures were referred to recommending passage. committee on July 24 and recorded on Committee Referral List No. 73 which was distributed to members. Referral list recorded in the Journal and HB 3020 B-Eng.* -- Conference Committee Status Report by order of the President. report adopted and bill repassed on motion of Corcoran. The vote was: Ayes, 27; excused, 2 – Board of Commissioners of the Port of Portland (ORS Nelson, Walker; attending legislative business, 1 – 778.215) Dukes. Bill repassed. Steve Corey Rules Thomas Imeson Rules Corcoran moved that the Senate confirm en bloc Jay Waldron (r) Rules the Governor’s appointment of Lynn Hampton and reappointment of Deirdre Malarkey to the Environmental Quality Commission. On confirmation SB 272 -- Starr, C., Morrisette appointed Senate the vote was: Ayes, 28; excused, 1 – Nelson; attending conferees. legislative business, 1 – Dukes. Confirmed en bloc.

SB 5506, 5514; 609, 613; HB 5048, 5051, 5058; SB 5530; 196, 468, 597, 922 -- Read second time 2041, 2056 -- President Courtney signed on July 25. and passed to third reading.

Senate adjourned until 10:45 a.m. Monday by SJR 14 -- Read final time. Carried by Carter. unanimous consent at the request of the Chair. On adoption of resolution, the vote was: Ayes, 28;

excused, 1 – Nelson; attending legislative business, 1 – Dukes. Resolution adopted. Monday, July 28, 2003 -- Morning Session HB 5077 -- Read first time and referred to President’s desk. Senate convened at 10:45 a.m. President Pro Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, HB 2172, 2179, 3322, 3645 -- Read second time Carter, Clarno, Corcoran, Deckert, Devlin, Ferrioli, and passed to third reading. Fisher, George, Gordly, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Ringo, Schrader, Shields,

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HB 2368 C-Eng. -- Read third time. Carried by SB 5506, 5514; 609, 613 -- Message from the Ringo. On passage of bill the vote was: Ayes, 26; House announcing Speaker signed on July 25. nays, 2 – Hannon, Morrisette; excused, 1 – Nelson; attending legislative business, 1 – Dukes. Bill HB 5004 -- Message from the House announcing passed. Speaker signed July 28.

HB 3187 A-Eng. -- Read third time. Carried by Committee Report Summary No. 139 listing the Carter. On passage of bill the vote was: Ayes, 28; following reports was distributed to members today. excused, 1 – Nelson; attending legislative business, 1 Summary list recorded in Journal and Status Report – Dukes. Bill passed. by order of the President.

The following measures were referred to SB 5502 -- Report by Committee on Ways and committee on July 25 and recorded on Committee Means recommending passage with amendments. Referral List No. 74 which was distributed to members. Referral list recorded in the Journal and SB 5550 -- Report by Committee on Ways and Status Report by order of the President. Means recommending passage with amendments. HJM 10 Rules HB 5045 Ways and Means HB 5078 -- Report by Committee on Budget HB 5046 Ways and Means recommending passage of the A-engrossed bill. HB 5049 Ways and Means HB 5078 Budget SB 938 -- Introduced, read first time and HB 2248 Ways and Means referred to President’s desk.

SB 5530 A-Eng. -- Read third time. Carried by HB 5004 -- President Courtney signed on July Winters. Call of the Senate demanded by Winters 28. joined by Minnis and Beyer. All present except Carter, absent. Pending arrival of members subject Senate adjourned until 10:45 a.m. Tuesday by to the Call, Senate at ease. All members subject to the unanimous consent at the request of the Chair. Call present. Senate reassembled. On passage of bill the vote was: Ayes, 23; nays, 7 – Brown, Carter, Fisher, George, Hannon, Shields, Walker. Bill Tuesday, July 29, 2003 -- Morning Session passed.

Senate convened at 10:45 a.m. President SB 196 B-Eng. -- Read third time. Carried by Courtney in Chair. The following members were Messerle. On passage of bill the vote was: Ayes, 28; present: Atkinson, Beyer, Brown, Burdick, Carter, nays, 2 – George, Hannon. Bill passed. Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, SB 468 B-Eng. -- Read third time. Carried by Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Carter. On passage of bill the vote was: Ayes, 30. Schrader, Shields, Starr, B., Starr, C., Walker, Bill passed. Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Greg Allen SB 597 B-Eng. -- Read third time. Carried by of the Bethany Bible Church, Portland. Dukes. On passage of bill the vote was: Ayes, 21; nays, 8 – Atkinson, Ferrioli, Fisher, George, Hannon, SB 59, 108, 291, 708 -- Message from the Nelson, Ringo, Starr, B.; attending legislative Governor announcing he signed on July 28. business, 1 – Schrader. Bill passed.

HB 5029, 5031; 2160, 2301, 3044, 3201, 3648 -- SB 922 -- Read third time. Carried by Clarno. Message from the House announcing passage. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Schrader. Bill passed. HB 2230 -- Message from the House announcing passage as amended by the House. HB 5029, 5031; 2160, 2301, 3044, 3201, 3648 -- Read first time and referred to President’s desk. HB 2299 -- Message from the House announcing Conference Committee Report adopted and bill HB 5078 -- Read second time and passed to third repassed. reading.

SB 232 -- Message from the House announcing HB 2172 -- Read third time. Carried by Devlin. Shetterly, Verger, Williams appointed House On passage of bill the vote was: Ayes, 29; attending conferees. legislative business, 1 – Schrader. Bill passed.

SB 820 -- Message from the House announcing HB 2179 A-Eng. -- Read third time. Carried by Jenson, Dingfelder, Westlund appointed House Messerle. On passage of bill the vote was: Ayes, 28; conferees. SENATE JOURNAL SJ-199

nays, 1 – Hannon; attending legislative business, 1 – Committee Report Summary No. 140 listing the Schrader. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report HB 3322 -- Read third time. Carried by George. by order of the President. Taken from its place on today’s third reading calendar and placed on July 30 calendar by voice vote on SB 917 -- Report by Committee on Rules motion of George. recommending passage with amendments.

HB 3645 -- Read third time. Carried by Clarno. SB 924 -- Report by Committee on Rules On passage of bill the vote was: Ayes, 29; attending recommending passage. legislative business, 1 – Schrader. Bill passed. HB 5045 -- Report by Committee on Ways and The following measures were referred to Means recommending passage of the A-engrossed bill. committee on July 28 and recorded on Committee Referral List No. 75 which was distributed to HB 5046 -- Report by Committee on Ways and members. Referral list recorded in the Journal and Means recommending passage of the A-engrossed bill. Status Report by order of the President. SB 937 Judiciary HB 5049 -- Report by Committee on Ways and HB 5077 Budget Means recommending passage of the A-engrossed bill. President Courtney announced the following HB 2248 -- Report by Committee on Ways and committee assignments effective July 29. Means recommending passage of the B-engrossed bill. SENATE REVENUE COMMITTEE HB 2318 -- Report by Committee on Judiciary Senator Rick Metsger recommending passage with amendments to resolve Senator David Nelson conflicts. HB 2221 -- Minnis, Burdick appointed Senate conferees No. 2. HB 2379 -- Report by Committee on Revenue recommending passage with amendments to the B- engrossed bill. SB 155; HB 3020, 3154 -- President Courtney signed on July 29. HB 2399 -- Report by Committee on Revenue recommending passage of the A-engrossed bill. Senate adjourned until 10:45 a.m. Wednesday by unanimous consent at the request of the Chair. Report by Committee on Rules recommending that the Governor’s appointment of Peggy Ross as the Wednesday, July 30, 2003 -- Morning Session Director of Affirmative Action be confirmed. Report by Committee on Rules recommending Senate convened at 10:45 a.m. President Pro that the Governor’s appointments of Michael James Tempore Hannon in Chair. The following members and Robert Pope to the Oregon Disabilities were present: Atkinson, Beyer, Brown, Burdick, Commission be confirmed en bloc. Carter, Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Harper, Messerle, Report by Committee on Rules recommending Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, that the Governor’s reappointment of Vera Simonton Schrader, Shields, Starr, B., Starr, C., Walker, to the Governing Board of the Department of Geology Winters, President Courtney. Colors were posted and and Mineral Industries be confirmed. the Senate pledged allegiance to the flag. Invocation by Senator Kate Brown, Portland. Report by Committee on Rules recommending that the Governor’s appointment of Henry Lorenzen SB 5516, 5533; 190 -- Message from the to the State Board of Higher Education be confirmed. Governor announcing he signed on July 29. HB 2299 -- Conference Committee report SB 267, 516 -- Message from the House adopted and bill repassed on motion of Deckert. The announcing Conference Committee Report adopted vote was: Ayes, 25; nays, 2 – Hannon, Shields; absent, and bill repassed. 1 – Ferrioli; excused, 1 – George; attending legislative business, 1 – Dukes. Bill repassed. HB 2167, 2898 -- Message from the House announcing concurrence in Senate amendments and SB 5502 5550; 924 -- Read second time and repassage. passed to third reading.

HB 3020, 3154 -- Message from the House HB 5045, 5046, 5049; 2248, 2399 -- Read second announcing Speaker signed on July 29. time and passed to third reading.

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HB 3322 -- Bill read. Carried by Beyer. SB 932 -- Report by Committee on Rules Rereferred to Committee on Ways and Means by voice recommending passage. vote on motion of Beyer. Rules suspended by unanimous consent in order HB 5078 A-Eng. -- Read third time. Carried by that the Senate may take en bloc action on the Schrader. On passage of bill the vote was: Ayes, 27; confirmation of the following appointments on motion nays, 1 – Hannon; excused, 1 – George; attending of Clarno. legislative business, 1 – Dukes. Bill passed. Director of Affirmative Action HB 5078 -- President Courtney signed on July 30. Peggy Ross

Senate adjourned until 10:45 a.m. Thursday by Oregon Disabilities Commission unanimous consent at the request of the Chair.

Michael James Robert Pope Thursday, July 31, 2003 -- Morning Session Governing Board of the Department of Geology and Senate convened at 10:45 a.m. President Mineral Industries Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Vera Simonton (r) Clarno, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, State Board of Higher Education Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Henry Lorenzen Winters. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Pastor Doug Under rules suspension, Clarno moved that the Snow of the Calvary Chapel, Milwaukie. Senate confirm en bloc the Governor’s appointments as listed in the motion to suspend the rules. On HB 5061; 2189, 2195, 2349, 2899, 3023, 3276, confirmation the vote was: Ayes, 29; absent, 1 – 3620, 3628, -- Message from the House announcing Minnis. Confirmed en bloc. passage. SB 917, 932 -- Read second time and passed to HB 2368 -- Message from the House announcing third reading. refusal to concur in Senate amendments. SB 5502 A-Eng. -- Read third time. Carried by SB 155; HB 5078 -- Message from the House Messerle. Beyer declared potential conflict of interest. announcing Speaker signed on July 30. On passage of bill the vote was: Ayes, 24; nays, 4 – Atkinson, Hannon, Nelson, Shields; absent, 1 – Minnis; attending legislative business, 1 – Clarno. Committee Report Summary No. 141 listing the Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. SB 5550; 924 -- Carried over to August 1 calendar by unanimous consent at the request of the Chair. SB 437 -- Report by Committee on Ways and Means recommending passage with amendments to the A-engrossed bill. HB 5061; 2189, 2195, 2349, 2899, 3023, 3276, 3620, 3628 -- Read first time and referred to President’s desk. SB 800 -- Report by Committee on Ways and Means recommending passage with amendments to the A-engrossed bill. HB 2318, 2379 -- Read second time and passed to third reading. SB 911 -- Report by Committee on Rules recommending passage with amendments to the A- HB 5045, 5046, 5049; 2248, 2399 -- Carried over engrossed bill. to August 1 calendar by unanimous consent at the request of the Chair. SB 926 -- Report by Committee on Rules recommending passage with amendments. President Courtney announced that the Senate is in receipt of a copy of the following letter and ordered that it be placed in the Journal: SB 931 -- Report by Committee on Rules recommending passage with amendments. Referred July 22, to Committee on Ways and Means by prior reference.

The Honorable Bill Bradbury Secretary of State SENATE JOURNAL SJ-201

136 State Capitol Building rescinded by order of the President in agreement with Salem, OR the President Pro Tempore.

Secretary Bradbury, SB 5550 -- Taken from its place on today’s third This letter is formal notification of my resignation from my reading calendar and placed on August 4 calendar by State Senate seat, district 27, effective August 1, 2003. voice vote on motion of Harper. I have accepted a Bush Administration appointment as the Department of Health and Human Services’, Region X SB 939 -- Introduced, read first time and Representative in Seattle. referred to President’s desk. Sincerely, SB 437, 800, 926 -- Read second time and passed Beverly Clarno to third reading. Senate Republican Leader SB 924 -- Read third time. Carried by Corcoran. President Courtney announced the following On passage of bill the vote was: Ayes, 24; ; excused, 2 committee assignment effective July 31. – Carter, Shields; attending legislative business, 3 – Dukes, Schrader, President Courtney. Bill passed. SENATE COMMITTEE ON RULES Senator Bill Fisher SB 917 -- Read third time. Carried by Brown. Taken from its place on today’s third reading calendar Senate adjourned until 10:45 a.m. Friday by and placed on August 4 calendar by voice vote on unanimous consent at the request of the Chair. motion of Brown. SB 932 -- Read third time. Carried by Beyer. On Friday, August 1, 2003 -- Morning Session passage of bill the vote was: Ayes, 24; excused, 2 – Carter, Shields; attending legislative business, 3 – Dukes, Schrader, President Courtney. Bill passed. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Corcoran, HCR 13; HB 5060; 3651 -- Read first time and Deckert, Devlin, Ferrioli, Fisher, George, Gordly, referred to President’s desk. Hannon, Harper, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., Starr, C., Walker, HB 2379 -- Read third time. Carried by Deckert. Winters; excused -- Carter; attending legislative Taken from its place on today’s third reading calendar business -- Dukes, Messerle, Schrader. Colors were and placed on August 4 calendar by voice vote on posted and the Senate pledged allegiance to the flag. motion of Deckert. Invocation by Senator Charles Starr, Hillsboro. (Metsger in Chair) HB 5045 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 24; SB 5512, 5525; 63; HB 5060; 3651 -- Message nays, 1 – Hannon; excused, 2 – Carter, Shields; from the House announcing passage. attending legislative business, 2 – Dukes, Schrader. Bill passed. HB 2095, 2194, 2259, 2260, 2865, 3629 -- Message from the House announcing Speaker signed HB 5046 A-Eng. -- Read third time. Carried by on August 1. Devlin. On passage of bill the vote was: Ayes, 24; nays, 1 – Hannon; excused, 2 – Carter, Shields; HCR 13 -- Message from the House announcing attending legislative business, 2 – Dukes, Schrader. adoption. Bill passed.

Committee Report Summary No. 142 listing the HB 5049 A-Eng. -- Read third time. Carried by following reports was distributed to members today. Devlin. On passage of bill the vote was: Ayes, 21; Summary list recorded in Journal and Status Report nays, 4 – Brown, Gordly, Hannon, Metsger; excused, 2 by order of the President. – Carter, Shields; attending legislative business, 2 – Dukes, Schrader. Bill passed. HB 2594 A-Eng. -- Report by Conference Committee, signed by Senators Minnis, Walker and HB 2248 B-Eng. -- Read third time. Carried by Representatives Ackerman, Krummel, Williams, Devlin. On passage of bill the vote was: Ayes, 25; recommending the House concur in Senate excused, 2 – Carter, Shields; attending legislative amendments dated June 23 and that the bill be business, 2 – Dukes, Schrader. Bill passed. further amended and repassed. HB 2399 A-Eng. -- Read third time. Carried by SB 913 -- Report by Committee on Rules Hannon. On passage of bill the vote was: Ayes, 25; recommending passage with amendments and excused, 2 – Carter, Shields; attending legislative requesting subsequent referral to Committee on Ways business, 2 – Dukes, Schrader. Bill passed. and Means be rescinded. Subsequent referral

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HB 2318 -- Read third time. Carried by Minnis. SB 437 B-Eng. -- Read third time. Carried by Rereferred to Committee on Judiciary by voice vote on Gordly. On passage of bill the vote was: Ayes, 27; motion of Minnis. absent, 1 – Ringo; attending legislative business, 1 – Carter. Bill passed. The following measures were referred to committee on July 31 and recorded on Committee SB 800 B-Eng. -- Read third time. Carried by Referral List No. 76 which was distributed to Gordly. On passage of bill the vote was: Ayes, 27; members. Referral list recorded in the Journal and absent, 1 – Ringo; attending legislative business, 1 – Status Report by order of the President. Carter. Bill passed.

SB 938 Rules SB 911 -- Read third time. Carried by Brown. HB 5029 Ways and Means Taken from its place on today’s third reading HB 5031 Ways and Means calendar and placed on August 8 calendar by voice HB 5061 Ways and Means vote on motion of Brown. HB 2160 Ways and Means HB 2189 Ways and Means SB 917 -- Bill read. Carried by Beyer. Rereferred to Committee on Rules by voice vote on motion of HB 2301 Ways and Means Beyer. HB 2349 Ways and Means HB 3044 Ways and Means SB 926 A-Eng. -- Read third time. Carried by HB 3201 Ways and Means Atkinson. On passage of bill the vote was: Ayes, 25; HB 3597 Rules absent, 1 – Ringo; attending legislative business, 3 – HB 3620 Ways and Means Carter, Schrader, President Courtney. Bill passed. HB 3628 Ways and Means HB 2379 C-Eng. -- Bill read. Carried by Deckert. Senate adjourned until 10:45 a.m. Monday by On passage of bill the vote was: Ayes, 23; nays, 1 – unanimous consent at the request of the Chair. Morrisette; absent, 1 – Ringo; attending legislative business, 4 – Carter, Harper, Schrader, President Courtney. Bill passed. Monday, August 4, 2003 -- Morning Session Senate adjourned until 10:45 a.m. Tuesday by Senate convened at 10:45 a.m. President Pro unanimous consent at the request of the Chair. Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Tuesday, August 5, 2003 -- Morning Session George, Gordly, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Shields, Starr, B., Senate convened at 10:45 a.m. President Starr, C., Walker, Winters; attending legislative Courtney in Chair. The following members were business -- Carter, Schrader, President Courtney. present: Atkinson, Beyer, Brown, Burdick, Corcoran, Colors were posted and the Senate pledged allegiance Deckert, Devlin, Ferrioli, Fisher, George, Gordly, to the flag. Invocation by Senator Frank Morse, Hannon, Harper, Messerle, Metsger, Minnis, Corvallis. Morrisette, Morse, Nelson, Shields, Starr, C., Walker, Winters, absent -- Ringo; excused -- Carter, Dukes, Committee Report Summary No. 143 listing the Starr, B.; attending legislative business -- Schrader. following reports was distributed to members today. Colors were posted and the Senate pledged allegiance Summary list recorded in Journal and Status Report to the flag. Invocation by Senator Bill Fisher, by order of the President. Roseburg.

SB 5551 -- Report by Committee on Ways and SB 5506, 5514; 155, 613 -- Message from the Means recommending passage with amendments. Governor announcing he signed on August 4.

SB 929 -- Report by Committee on Rules HB 5018, 5022, 5030, 5034, 5066; 3108, 3534 -- recommending passage with amendments. Message from the House announcing passage.

SB 940, 941 -- Introduced, read first time and HB 2167, 2172, 2230, 2898, 3187, 3645 -- referred to President’s desk. Message from the House announcing Speaker signed August 4. SB 913 -- Read second time and passed to third reading. Committee Report Summary No. 144 listing the following reports was distributed to members today. SB 5550 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Dukes. On passage of bill the vote was: Ayes, 27; by order of the President. absent, 1 – Ringo; attending legislative business, 1 – Carter. Bill passed. SB 820 D-Eng. -- Report by Conference Committee, signed by Senators Ferrioli, Ringo and SENATE JOURNAL SJ-203

Representatives Dingfelder, Jenson, Westlund, absent, 1 – Ringo; excused, 3 – Carter, Dukes, Starr, recommending that the Senate concur in House B.; attending legislative business, 3 – Deckert, amendments dated May 20, July 1, July 11 and that Harper, Schrader. Bill passed. the D-engrossed bill be further amended and repassed. HB 5018, 5022, 5030, 5034, 5066; 3108, 3534 -- Read first time and referred to President’s desk. SB 5501 -- Report by Committee on Ways and Means recommending passage with amendments. HB 5029, 5031; 2160, 2189, 2301, 2349, 3044, 3201, 3620, 3628 -- Read second time and passed to SB 5527 -- Report by Committee on Ways and third reading. Means recommending passage with amendments. The following measures were referred to SB 139 -- Report by Committee on Rules committee on August 4 and recorded on Committee recommending passage with amendments. Referred Referral List No. 77 which was distributed to 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 933 -- Report by Committee on Rules recommending passage. SB 939 Rules SB 940 Judiciary SB 934 -- Report by Committee on Rules SB 941 Rules recommending passage. HCR 13 Rules HB 5060 Ways and Means HB 5029 -- Report by Committee on Ways and HB 2195 Ways and Means Means recommending passage of the A-engrossed bill. HB 2899 Rules HB 3023 Rules HB 5031 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. HB 3276 Ways and Means HB 3648 Rules HB 2160 -- Report by Committee on Ways and SB 5512, 5525; 63, 267, 516; HB 2095, 2167, Means recommending passage of the A-engrossed bill. 2172, 2179, 2194, 2230, 2259, 2260, 2299, 2865, 2898, 3187, 3629, 3645 -- President Courtney signed on HB 2189 -- Report by Committee on Ways and August 5. Means recommending passage of the B-engrossed bill. Senate adjourned until 10:45 a.m. Wednesday by HB 2301 -- Report by Committee on Ways and unanimous consent at the request of the Chair. Means recommending passage of the A-engrossed bill.

HB 2349 -- Report by Committee on Ways and Wednesday, August 6, 2003 -- Morning Session Means recommending passage of the B-engrossed bill. Senate convened at 10:45 a.m. President Pro HB 2537 -- Report by Committee on Rules Tempore Hannon in Chair. The following members recommending passage with amendments. were present: Atkinson, Beyer, Brown, Burdick, Carter, Deckert, Devlin, Dukes, Ferrioli, Fisher, HB 2614 -- Report by Committee on Rules George, Gordly, Harper, Messerle, Metsger, Minnis, recommending passage with amendments to the A- Morrisette, Morse, Nelson, Shields, Starr B., Starr C., engrossed bill. Walker, Winters, President Courtney; absent -- Ringo; attending legislative business -- Corcoran, Schrader. HB 3044 -- Report by Committee on Ways and Colors were posted and the Senate pledged allegiance Means recommending passage of the B-engrossed bill. to the flag. Invocation by Reverend Ed Lykens of Church of the Nazarene, Prineville. HB 3201 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. The following messages from the Governor were read and referred to the President’s desk. HB 3620 -- Report by Committee on Ways and Means recommending passage of the B-engrossed bill. August 5, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE HB 3628 -- Report by Committee on Ways and OF THE 72nd LEGISLATIVE ASSEMBLY Means recommending passage of the A-engrossed bill. ORS 673.410 provides that the Governor shall appoint the members of the Oregon Board of Accountancy subject to SB 5551; 929, 933, 934 -- Read second time and Senate confirmation, in the manner provided by ORS passed to third reading. 171.562 and ORS 171.565. I appoint Anastasia Meisner of Lake Oswego to the Oregon SB 913 A-Eng. -- Read third time. Carried by Board of Accountancy for a three-year term, as provided by Brown. On passage of bill the vote was: Ayes, 22;

SJ-204 SENATE JOURNAL statute, beginning September 1, 2003, and ending August ORS 455.138 and 144 provides that the Governor shall 31, 2006, effective upon Senate confirmation. appoint the members of the Electrical and Elevator Board 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 Bruce Soihr of Portland to the Electrical and Ted Kulongoski Elevator Board for a four-year term, as provided by statute, beginning September 2, 2003, and ending June 30, 2007, Governor effective upon Senate confirmation.

This appointment is submitted for your consideration. August 5, 2003 TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski ORS 674.305 provides that the Governor shall appoint the Governor members of the Appraiser Certification and Licensure Board subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. August 5, 2003 I reappoint Terry Bernhardt of Portland to the Appraiser TO THE HONORABLE PRESIDENT OF THE SENATE Certification and Licensure Board for a four-year term, as provided by statute, beginning July 1, 2003, and ending OF THE 72nd LEGISLATIVE ASSEMBLY June 30, 2007, effective 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. Ted Kulongoski I appoint Stan Robson of Sisters to the Oregon State Governor Lottery Commission for an unexpired four-year term, as provided by statute, beginning September 2, 2003, and ending March 1, 2005, effective upon Senate confirmation. August 5, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski ORS 455.138 and 144 provides that the Governor shall Governor appoint the members of the Electrical and Elevator Board subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. August 5, 2003 I appoint Lowell Arno of Portland to the Electrical and TO THE HONORABLE PRESIDENT OF THE SENATE Elevator Board for a four-year term, as provided by statute, beginning September 2, 2003, and ending June 30, 2007, OF THE 72nd LEGISLATIVE ASSEMBLY effective upon Senate confirmation. ORS 685.160 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Board of Naturopathic Examiners subject to Senate confirmation, in the manner provided by ORS Sincerely, 171.562 and ORS 171.565. Ted Kulongoski I reappoint Gregory Garcia of Portland to the Board of Governor Naturopathic Examiners for a three-year term, as provided by statute, beginning July 1, 2003, and ending June 30, 2006, effective upon Senate confirmation. August 5, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 455.138 and 144 provides that the Governor shall Governor appoint the members of the Electrical and Elevator Board subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. August 5, 2003 I reappoint Sara Medlock of Salem to the Electrical and TO THE HONORABLE PRESIDENT OF THE SENATE Elevator Board for a four-year term, as provided by statute, beginning July 1, 2003, and ending June 30, 2007, effective OF THE 72nd LEGISLATIVE ASSEMBLY upon Senate confirmation. ORS 685.160 provides that the Governor shall appoint the This appointment is submitted for your consideration. members of the Board of Naturopathic Examiners subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I appoint Rick Marinelli of Portland to the Board of Governor Naturopathic Examiners for a three-year term, as provided by statute, beginning September 1, 2003, and ending June 30, 2006, effective upon Senate confirmation. August 5, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor

SENATE JOURNAL SJ-205

August 5, 2003 This appointment is submitted for your consideration.

TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, OF THE 72nd LEGISLATIVE ASSEMBLY Ted Kulongoski Governor ORS 685.160 provides that the Governor shall appoint the members of the Board of Naturopathic Examiners subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. August 5, 2003 I reappoint Michael Reed of Milwaukie to the Board of TO THE HONORABLE PRESIDENT OF THE SENATE Naturopathic Examiners for a three-year term, as provided by statute, beginning July 1, 2003, and ending June 30, OF THE 72nd LEGISLATIVE ASSEMBLY 2006, effective upon Senate confirmation. ORS 675.100 provides that the Governor shall appoint the members of the State Board of Psychologist Examiners This appointment is submitted for your consideration. subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Sincerely, Ted Kulongoski I appoint Benson Schaeffer of Portland to the State Board of Governor Psychologist Examiners for a three-year term, as provided by statute, beginning September 2, 2003, and ending June 30, 2006, effective upon Senate confirmation. August 5, 2003 This appointment is submitted for your consideration. Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor

ORS 678.800 provides that the Governor shall appoint the members of the Board of Examiners of Nursing Home Administrators subject to Senate confirmation, in the August 5, 2003 manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint George Gerding of Portland to the Board of OF THE 72nd LEGISLATIVE ASSEMBLY Examiners of Nursing Home Administrators for three-year term, as provided by statute, beginning September 2, 2003, ORS 675.100 provides that the Governor shall appoint the and ending June 30, 2006, effective upon Senate members of the State Board of Psychologist Examiners 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 Terrel Templeman of Pendleton to the State Sincerely, Board of Psychologist Examiners for a three-year term, as Ted Kulongoski provided by statute, beginning September 2, 2003, and Governor ending June 30, 2006, effective upon Senate confirmation. This appointment is submitted for your consideration.

August 5, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 161.385 provides that the Governor shall appoint the August 5, 2003 members of the Psychiatric Security Review Board 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 72nd LEGISLATIVE ASSEMBLY I reappoint Cliff Johannsen of Lake Oswego to the Psychiatric Security Review Board for a four-year term, as ORS 675.100 provides that the Governor shall appoint the provided by statute, beginning July 1, 2003, and ending members of the State Board of Psychologist Examiners June 30, 2007, 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 Maryann Yelnosky of Portland to the State Board Sincerely, of Psychologist Examiners for a three-year term, as provided by statute, beginning September 2, 2003, and Ted Kulongoski ending June 30, 2006, effective upon Senate confirmation. Governor This appointment is submitted for your consideration.

August 5, 2003 Sincerely, Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY ORS 675.100 provides that the Governor shall appoint the August 5, 2003 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 72nd LEGISLATIVE ASSEMBLY I appoint James Peterson of Portland to the State Board of Psychologist Examiners for a three-year term, as provided ORS 756.014 provides that the Governor shall appoint the by statute, beginning September 2, 2003, and ending June members of the Public Utility Commission subject to Senate 30, 2006, effective upon Senate confirmation. confirmation, in the manner provided by ORS 171.562 and ORS 171.565.

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I appoint Ray Baum of La Grande to the Public Utility ORS 348.510 provides that the Governor shall appoint the Commission for a four-year term, as provided by statute, members of the Oregon Student Assistance Commission beginning September 1, 2003, and ending August 31, 2007, subject to Senate confirmation, in the manner provided by effective upon Senate confirmation. ORS 171.562 and ORS 171.565. This appointment is submitted for your consideration. I reappoint Caspar Sharples of North Bend to the Oregon Student Assistance Commission for a four-year term, as Sincerely, provided by statute, beginning July 1, 2003, and ending Ted Kulongoski June 30, 2007, effective upon Senate confirmation. Governor This appointment is submitted for your consideration.

Sincerely, August 5, 2003 Ted Kulongoski TO THE HONORABLE PRESIDENT OF THE SENATE Governor OF THE 72nd LEGISLATIVE ASSEMBLY August 5, 2003 ORS 756.014 provides that the Governor shall appoint the TO THE HONORABLE PRESIDENT OF THE SENATE members of the Public Utility Commission subject to Senate confirmation, in the manner provided by ORS 171.562 and OF THE 72nd LEGISLATIVE ASSEMBLY ORS 171.565. ORS Ch 918 S2 OL 01 provides that the Governor shall I appoint John Savage of Salem to the Public Utility appoint the members of the Sustainability Board subject to Commission for an unexpired four-year term, as provided Senate confirmation, in the manner provided by ORS by statute, beginning September 1, 2003, and ending March 171.562 and ORS 171.565. 31, 2005, effective upon Senate confirmation. This appointment is submitted for your consideration. I appoint Deborah Kane of Portland to the Sustainability Board for a four-year term, as provided by statute, Sincerely, beginning September 2, 2003, and ending January 1, 2007, Ted Kulongoski effective upon Senate confirmation. Governor This appointment is submitted for your consideration.

Sincerely, August 5, 2003 Ted Kulongoski Governor TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY August 5, 2003 ORS 348.510 provides that the Governor shall appoint the members of the Oregon Student Assistance Commission TO THE HONORABLE PRESIDENT OF THE SENATE subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY I appoint Patrick Edvalson of La Grande to the Oregon ORS 267.090 provides that the Governor shall appoint the Student Assistance Commission for an unexpired four-year members of the Tri-Met Board subject to Senate term, as provided by statute, beginning August 15, 2003, and ending June 30, 2006, effective upon Senate confirmation, in the manner provided by ORS 171.562 and confirmation. ORS 171.565. This appointment is submitted for your consideration. I reappoint Bob Williams of Clackamas to the Tri-Met Board for a four-year term, as provided by statute, beginning August 1, 2003, and ending July 31, 2007, Sincerely, effective upon Senate confirmation. Ted Kulongoski Governor This appointment is submitted for your consideration. August 5, 2003 Sincerely, TO THE HONORABLE PRESIDENT OF THE SENATE Ted Kulongoski Governor OF THE 72nd LEGISLATIVE ASSEMBLY August 5, 2003 ORS 348.510 provides that the Governor shall appoint the members of the Oregon Student Assistance Commission TO THE HONORABLE PRESIDENT OF THE SENATE subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. OF THE 72nd LEGISLATIVE ASSEMBLY

I appoint Jesse Lohrke of Scappoose to the Oregon Student ORS 656.712 provides that the Governor shall appoint the Assistance Commission for a two-year term, as provided by members of the Workers’ Compensation Board subject to statute, beginning August 15, 2003, and ending June 30, 2005, 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 Mustafa Kasubhai of Eugene to the Workers’ Sincerely, Compensation Board for a four-year term, as provided by Ted Kulongoski statute, beginning October 15, 2003, and ending October 14, Governor 2007, effective upon Senate confirmation. August 5, 2003 This appointment is submitted for your consideration.

TO THE HONORABLE PRESIDENT OF THE SENATE Sincerely, Ted Kulongoski OF THE 72nd LEGISLATIVE ASSEMBLY Governor SENATE JOURNAL SJ-207

SB 609 -- Message from the Governor legislative business, 7 – Atkinson, Beyer, Brown, announcing he signed on August 5. Corcoran, Deckert, Harper, Schrader. Bill passed.

SB 196, 468, 597, 757, 908, 909, 919; HB 5067 -- HB 5031 A-Eng. -- Read third time. Carried by Message from the House announcing passage. Morse. On passage of bill the vote was: Ayes, 18; nays, 3 – Hannon, Metsger, Shields; absent, 1 – SJR 14 -- Message from the House announcing Ringo; attending legislative business, 7 – Atkinson, adoption. Beyer, Brown, Corcoran, Deckert, Harper, Schrader. Bill passed. HB 2594 -- Message from the House announcing adoption of conference committee report and HB 2160 A-Eng. -- Read third time. Carried by repassage. Carter. On passage of bill the vote was: Ayes, 21; absent, 1 – Ringo; attending legislative business, 7 – HB 2179, 2299 -- Message from the House Atkinson, Beyer, Brown, Corcoran, Deckert, Harper, announcing Speaker signed on August 5. Schrader. Bill passed.

Committee Report Summary No. 145 listing the HB 2189 B-Eng. -- Read third time. Carried by following reports was distributed to members August Winters. On passage of bill the vote was: Ayes, 20; 5. Summary list recorded in Journal and Status nays, 1 – Hannon; absent, 1 – Ringo; attending Report by order of the President. legislative business, 7 – Atkinson, Beyer, Brown, Corcoran, Deckert, Harper, Schrader. Bill passed. SB 617 B-Eng. -- Report by Conference Committee, signed by Senators Burdick, Minnis and HB 2301 A-Eng. -- Read third time. Carried by Representatives Ackerman, Anderson, Williams, Messerle. On passage of bill the vote was: Ayes, 21; recommending that the Senate concur in House absent, 1 – Ringo; attending legislative business, 7 – amendments dated July 2 and that the bill be Atkinson, Beyer, Brown, Corcoran, Deckert, Harper, repassed. Schrader. Bill passed.

SB 5547 -- Report by Committee on Ways and HB 2349 B-Eng. -- Read third time. Carried by Means recommending passage with amendments. Winters. On passage of bill the vote was: Ayes, 20; nays, 1 – Hannon; absent, 1 – Ringo; attending legislative business, 7 – Atkinson, Beyer, Brown, Committee Report Summary No. 146 listing the Corcoran, Deckert, Harper, Schrader. Bill passed. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. HB 3044 B-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 20; nays, 1 – Hannon; absent, 1 – Ringo; attending HB 3120 B-Eng. -- Report by Conference legislative business, 7 – Atkinson, Beyer, Brown, Committee, signed by Senators Corcoran, Starr, B. Corcoran, Deckert, Harper, Schrader. Bill passed. and Representatives Garrard, Greenlick, Zauner, recommending the House concur in Senate amendments dated June 30 and that the bill be HB 3201 A-Eng. -- Read third time. Carried by further amended and repassed. Dukes. On passage of bill the vote was: Ayes, 22; absent, 1 – Ringo; attending legislative business, 6 – Atkinson, Beyer, Brown, Corcoran, Deckert, SB 5501, 5527, 5547 -- Read second time and Schrader. Bill passed. passed to third reading. HB 3620 B-Eng. -- Read third time. Carried by SB 5551 A-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 21; Devlin. On passage of bill the vote was: Ayes, 20; nays, 1 – Hannon; absent, 1 – Ringo; attending nays, 1 – Hannon; absent, 1 – Ringo; attending legislative business, 6 – Atkinson, Beyer, Brown, legislative business, 7 – Atkinson, Beyer, Brown, Corcoran, Deckert, Schrader. Bill passed. Corcoran, Deckert, Harper, Schrader. Bill passed. HB 3628 A-Eng. -- Read third time. Carried by SB 929, 933, 934 -- Moved to the foot of today’s Dukes. On passage of bill the vote was: Ayes, 22; third reading calendar. nays, 1 – Hannon; absent, 1 – Ringo; attending legislative business, 5 – Beyer, Brown, Corcoran, HB 5067 -- Read first time and referred to Deckert, Schrader. Bill passed. President’s desk. SB 933 -- Read third time. Carried by Atkinson. HB 2537, 2614 -- Read second time and passed to On passage of bill the vote was: Ayes, 21; nays, 5 – third reading. Burdick, Carter, Gordly, Hannon, Walker; absent, 1 – Ringo; attending legislative business, 2 – Corcoran, HB 5029 A-Eng. -- Read third time. Carried by Schrader. Bill passed. Carter. On passage of bill the vote was: Ayes, 20; nays, 1 – Hannon; absent, 1 – Ringo; attending

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SB 934 -- Read third time. Carried by Atkinson. HB 5060 -- Report by Committee on Ways and On passage of bill the vote was: Ayes, 25; nays, 2 – Means recommending passage of the A-engrossed bill. Gordly, Hannon; absent, 1 – Ringo; attending legislative business, 1 – Corcoran. Bill passed. HB 2195 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. SB 929 A-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 24; HB 3276 -- Report by Committee on Ways and nays, 3 – Carter, Gordly, Hannon; absent, 1 – Ringo; Means recommending passage of the A-engrossed bill. attending legislative business, 1 – Corcoran. Bill passed. Committee Report Summary No. 149 listing the following reports was distributed to members today. Senate adjourned until 10:45 a.m. Thursday by Summary list recorded in Journal and Status Report unanimous consent at the request of the Chair. by order of the President.

Thursday, August 7, 2003 -- Morning Session HB 5018 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill.

Senate convened at 10:45 a.m. President HB 5022 -- Report by Committee on Ways and Courtney in Chair. The following members were Means recommending passage of the A-engrossed bill. present: Atkinson, Beyer, Brown, Burdick, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, HB 5034 -- Report by Committee on Ways and Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Means recommending passage of the A-engrossed bill. Morrisette, Morse, Nelson, Shields, Starr, B., Starr, C., Walker, Winters; absent -- Ringo; attending HB 3534 -- Report by Committee on Ways and legislative business -- Carter, Schrader. Colors were Means recommending passage of the B-engrossed bill. posted and the Senate pledged allegiance to the flag. Invocation by Reverend Becca Shields, Methodist Minister, Salem. SB 617 B-Eng. -- Conference Committee report adopted and bill repassed on motion of Minnis. The vote was: Ayes, 27; absent, 1 – Ringo; attending HB 5009, 5052; 3654 -- Message from the House legislative business, 1 – Carter. Bill repassed. announcing passage. SB 820 D-Eng.*-- Conference Committee report HB 3631 -- Message from the House announcing adopted and bill repassed on motion of Ferrioli. The concurrence in Senate amendments and repassage. vote was: Ayes, 26; nays, 1 – Hannon; absent, 1 – Ringo; attending legislative business, 1 – Carter. Bill Committee Report Summary No. 147 listing the repassed. Gordly granted unanimous consent to following reports was distributed to members August change from nay to aye. 6. Summary list recorded in Journal and Status Report by order of the President. HB 2594 -- Conference Committee report adopted and bill repassed on motion of Walker. The SB 232 A-Eng. -- Report by Conference vote was: Ayes, 27; absent, 1 – Ringo; attending Committee, signed by Senators Deckert, Ferrioli and legislative business, 1 – Carter. Bill repassed. Representatives Shetterly, Verger, Williams, recommending that the Senate concur in House SB 942 -- Introduced, read first time and amendments dated July 9 and that the A-engrossed referred to President’s desk. bill be further amended and repassed. SB 5522; 867, 920 -- Read second time and SB 5522 -- Report by Committee on Ways and passed to third reading. Means recommending passage with amendments. SB 5501 A-Eng. -- Read third time. Carried by SB 867 -- Report by Committee on Ways and Messerle. Call of the Senate demanded by Messerle Means recommending passage with amendments to joined by Beyer and Brown. All present except, Ringo, the A-engrossed bill. absent; Carter, Deckert, Starr, B., attending legislative business. Pending arrival of members SB 920 -- Report by Committee on Rules subject to the Call, Senate at ease. Further recommending passage with amendments. proceedings under the Call terminated by unanimous consent at the request of the Chair. All present HB 5061 -- Report by Committee on Ways and except, Ringo, absent, Carter attending legislative Means recommending passage with amendments to business. Senate reassembled. On passage of bill the the A-engrossed bill. vote was: Ayes, 16; nays, 11 – Burdick, Corcoran, Deckert, Devlin, Dukes, Gordly, Hannon, Metsger, Committee Report Summary No. 148 listing the Morrisette, Shields, Walker; absent, 1 – Ringo; following reports was distributed to members today. attending legislative business, 1 – Carter. Bill Summary list recorded in Journal and Status Report passed. by order of the President. SENATE JOURNAL SJ-209

SB 5527 A-Eng. -- Read third time. Carried by Oregon State Lottery Commission (ORS 461.100) Messerle. On passage of bill the vote was: Ayes, 23; nays, 4 – Ferrioli, Fisher, George, Hannon; absent, 1 Stan Robson Rules – Ringo; attending legislative business, 1 – Carter. Bill passed. Board of Naturopathic Examiners (ORS 685.160) Gregory Garcia (r) Rules SB 5547 A-Eng. -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 22; Rick Marinelli Rules nays, 5 – Ferrioli, George, Hannon, Shields, Walker; Michael Reed (r) Rules absent, 1 – Ringo; attending legislative business, 1 – Carter. Bill passed. Board of Examiners of Nursing Home Administrators (ORS 678.800) HB 5009, 5052; 3654 -- Read first time and referred to President’s desk. George Gerding Rules

HB 5018, 5022, 5034, 5060, 5061; 2195, 3276, Psychiatric Security Review Board (ORS 161.385) 3534 -- Read second time and passed to third reading. Cliff Johannsen (r) Rules HB 2537 A-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 20; State Board of Psychologist Examiners (ORS 675.100) nays, 7 – Burdick, Corcoran, Devlin, Hannon, James Peterson Rules Metsger, Morrisette, Shields; absent, 1 – Ringo; Terrel Templeman Rules attending legislative business, 1 – Carter. Bill passed. Maryann Yelnosky Rules Benson Schaeffer Rules HB 2614 B-Eng. -- Read third time. Carried by Metsger. On passage of bill the vote was: Ayes, 25; Public Utility Commission (ORS 756.014) nays, 2 – Brown, Burdick; absent, 1 – Ringo; Ray Baum Rules attending legislative business, 1 – Carter. Bill passed. John Savage Rules

The following measures were referred to Oregon Student Assistance Commission (ORS committee on August 6 and recorded on Committee 348.510) Referral List No. 78 which was distributed to members. Referral list recorded in the Journal and Patrick Edvalson Rules Status Report by order of the President. Jesse Lohrke Rules Caspar Sharples (r) Rules HB 5018 Ways and Means HB 5022 Ways and Means Sustainability Board (ORS Ch 918, S2 OR Laws 2001) HB 5030 Budget Deborah Kane Rules HB 5034 Ways and Means HB 5066 Budget Tri-Met Board (ORS 267.090) HB 5067 Budget HB 3108 Ways and Means Bob Williams (r) Rules HB 3534 Ways and Means HB 3651 Rules Workers’ Compensation Board (ORS 656.712) Mustafa Kasubhai Rules Oregon Board of Accountancy (ORS 673.410) Anastasia Meisner Rules HB 2368 -- Minnis, Brown appointed Senate conferees. Appraiser Certification and Licensure Board (ORS 674.305) President Courtney announced the following committee assignments effective August 7. Terry Bernhardt (r) Rules WAYS AND MEANS Electrical and Elevator Board (ORS 455.138 & 144) Subcommittee on Capital Construction Bonding Lowell Arno Rules Senator Kurt Schrader, Co-Chair Bruce Soihr Rules Senator Steve Harper Sara Medlock (r) Rules SJR 14; SB 196, 468, 597, 757, 908, 909, 919 -- President Courtney signed on August 7.

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Senate adjourned until 10:45 a.m. Friday by HB 2797 B-Eng. -- Under rules suspension and unanimous consent at the request of the Chair. Special Order of Business, read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 20; nays, 2 – Corcoran, Hannon; absent, 1 – Ringo; Friday, August 8, 2003 -- Morning Session excused, 1 – Nelson; attending legislative business, 5 – Atkinson, Beyer, Brown, Deckert, Harper. Bill Senate convened at 10:45 a.m. President passed. Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, SB 911; HB 3534 -- Taken from their places on Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, today’s third reading calendar and placed on August George, Gordly, Hannon, Harper, Messerle, Metsger, 13 calendar by voice vote on motion of Burdick. Minnis, Morrisette, Morse, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; excused -- Nelson. Colors were posted and the Senate pledged SB 232 -- Conference Committee report adopted allegiance to the flag. Invocation by Imam and bill repassed on motion of Walker. Walker Muhammad Najieb, Director of the Muslim declared potential conflict of interest. The vote was: Community Center, Portland. Ayes, 17; nays, 6 – Burdick, Carter, Corcoran, Devlin, Hannon, Shields; absent, 1 – Ringo; excused, 1 – SB 912, 918; HB 2356, 2759, 3442, 3638 -- Nelson; attending legislative business, 4 – Atkinson, Message from the House announcing passage. Beyer, Brown, Deckert. Bill repassed. Morrisette, absent when roll called, granted unanimous consent HB 3120 -- Message from the House announcing to vote aye. Conference committee report adopted and repassed. HB 3120 -- Starr, B. moved that the Senate HB 5045, 5046, 5049; 2248, 2399 -- Message from adopt the Conference Committee report and repass the House announcing the Speaker signed on August bill. Parliamentary inquiry by Hannon questioning 7. the process of conference committees when considering amendments. The chair responded that Senate at ease. Senate reassembled. because the Senate and House Rules differ regarding the adoption of amendments outside the scope of the Committee Report Summary No. 150 listing the issue, the custom is to comply with the chamber rules following reports was distributed to members August where the bill originated. In this case, the Conference 7. Summary list recorded in Journal and Status Committee complied with House rules. Report by order of the President. HB 3120 -- Debate resumed. Motion carried. The HB 2797 -- Report by Committee on Judiciary vote was: Ayes, 21; nays, 2 – Gordly, Hannon; absent, recommending passage with amendments to the A- 1 – Ringo; excused, 1 – Nelson; attending legislative engrossed bill. business, 4 – Atkinson, Beyer, Brown, Deckert. Bill repassed. Committee Report Summary No. 151 listing the following reports was distributed to members today. SB 421, 474 -- Read second time and passed to Summary list recorded in Journal and Status Report third reading. by order of the President. SB 5522 A-Eng. -- Read third time. Carried by SB 5513 -- Report by Committee on Ways and Devlin. Call of the Senate demanded by Devlin joined Means recommending passage with amendments. by Metsger and Dukes. All members subject to the Call present except Ringo, absent; Nelson, excused. On passage of bill the vote was: Ayes, 19; nays, 8 – SB 421 -- Report by Committee on Ways and Carter, Corcoran, Gordly, Hannon, Morrisette, Means recommending passage of the A-engrossed bill. Shields, Walker, Winters; absent, 1 – Ringo; excused, 1 – Nelson. Bill passed. SB 474 -- Report by Committee on Ways and Means recommending passage of the bill. SB 5522 -- Gordly requested the following explanation of vote be entered into the journal. HCR 13 -- Report by Committee on Rules recommending adoption. “I voted no because of the elimination of investigator support and the reduction of staff support which affects a HB 3648 -- Report by Committee on Rules female employee. Oregon needs a strong effective, recommending passage of the A-engrossed bill. independent ethics commission.”

HB 2797 -- Rules suspended by unanimous Avel L. Gordly consent in order to second and third read under Special Order of Business on motion of Minnis. SB 867 B-Eng. -- Read third time. Carried by Dukes. On passage of bill the vote was: Ayes, 23; HB 2797 -- Under rules suspension and Special absent, 1 – Ringo; excused, 1 – Nelson; attending Order of Business, read second time. SENATE JOURNAL SJ-211 legislative business, 4 – Atkinson, Beyer, Brown, Corcoran, Nelson; attending legislative business, 1 – Deckert. Bill passed. Atkinson. Bill passed.

SB 920 A-Eng. -- Read third time. Carried by HB 5045, 5046, 5049; 2248, 2399 -- President Burdick. On passage of bill the vote was: Ayes, 22; Courtney signed August 8. absent, 1 – Ringo; excused, 2 – Corcoran, Nelson; attending legislative business, 4 – Atkinson, Beyer, Senate adjourned until 10:45 a.m. Monday by Brown, Deckert. Bill passed. unanimous consent at the request of the Chair. HB 2356, 2759, 3442, 3638 -- Read first time and referred to President’s desk. Monday, August 11, 2003 -- Morning Session

HCR 13; HB 3648 -- Read second time and Senate convened at 10:45 a.m. President Pro passed to third reading. Tempore Hannon in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, HB 5018 A-Eng. -- Read third time. Carried by Carter, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Messerle. On passage of bill the vote was: Ayes, 20; Fisher, George, Gordly, Harper, Messerle, Metsger, nays, 2 – Hannon, Shields; absent, 1 – Ringo; excused, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, 2 – Corcoran, Nelson; attending legislative business, 4 Shields, Starr, B., Starr, C., Walker, Winters, – Atkinson, Beyer, Brown, Deckert. Bill passed. President Courtney. Colors were posted and the Senate pledged allegiance to the flag. Invocation by HB 5022 A-Eng. -- Read third time. Carried by Pastor Michael Harrington of the Calvary Chapel, Messerle. On passage of bill the vote was: Ayes, 21; Salem. (President Courtney in Chair) nays, 1 – Hannon; absent, 1 – Ringo; excused, 2 – Corcoran, Nelson; attending legislative business, 4 – SB 5502, 5550; 437, 800, 906, 923, 924, 932; HB Atkinson, Beyer, Brown, Deckert. Bill passed. 5042; 2577, 3653, 3659 -- Message from the House announcing passage. HB 5034 A-Eng. -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 21; SCR 8 -- Message from the House announcing nays, 2 – Hannon, Shields; absent, 1 – Ringo; excused, adoption. 1 – Nelson; attending legislative business, 4 – Atkinson, Beyer, Brown, Deckert. Bill passed. SB 666, 751 -- Message from the House announcing passage as amended by the House. HB 5060 A-Eng. -- Read third time. Carried by Messerle. On passage of bill the vote was: Ayes, 21; SJR 14; SB 196, 468, 597, 757, 908, 909, 919 -- nays, 2 – George, Hannon; absent, 1 – Ringo; excused, Message from the House announcing the Speaker 1 – Nelson; attending legislative business, 4 – signed on August 8. Atkinson, Beyer, Brown, Deckert. Bill passed. Committee Report Summary No. 152 listing the HB 5061 B-Eng. -- Read third time. Carried by following reports was distributed to members August Winters. On passage of bill the vote was: Ayes, 22; 8. Summary list recorded in Journal and Status nays, 1 – Hannon; absent, 1 – Ringo; excused, 1 – Report by order of the President Nelson; attending legislative business, 4 – Atkinson, Beyer, Brown, Deckert. Bill passed. HB 2011 -- Report by Committee on Transportation and Economic Development HB 2195 A-Eng. -- Read third time. Carried by recommending passage with amendments to the A- Messerle. Fisher declared potential conflict of engrossed bill and requesting subsequent referral to interest. Call of the Senate demanded by Messerle Committee on Ways and Means be rescinded. joined by Fisher and Walker. All present except Subsequent referral rescinded by order of the Ringo, absent; Nelson, excused; Atkinson, Beyer, President in agreement with the President Pro Brown, Deckert, attending legislative business. Tempore. Pending arrival of members subject to the Call, Senate at ease. Further proceedings under the Call terminated by unanimous consent at the request of Committee Report Summary No. 153 listing the the Chair. All present except Ringo, absent; Nelson, following reports was distributed to members today. excused. Senate reassembled. Summary list recorded in Journal and Status Report by order of the President. HB 2195 -- On passage of bill the vote was: Ayes, 23; nays, 4 – Carter, Gordly, Hannon, Shields; absent, HJM 10 -- Report by Committee on Rules 1 – Ringo; excused, 1 – Nelson. Bill passed. recommending adoption with amendments.

HB 3276 A-Eng. -- Read third time. Carried by HB 3646 -- Report by Committee on Rules Dukes. On passage of bill the vote was: Ayes, 24; recommending passage with amendments. nays, 1 – Hannon; absent, 1 – Ringo; excused, 2 – Beyer moved that the swearing-in of newly- appointed Senator Ben Westlund be made a Special

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Order of Business at 11:45 a.m. today. Motion carried We, your Committee on Credentials, after inspecting by unanimous consent. the official certificate from the Secretary of State, respectfully submit the following report: SB 5513 -- Read second time and passed to third That Beverly Clarno, a duly-elected Senator from the reading. th 27 Senatorial District for a term of four years beginning the second Monday in January 2001 and terminating the SB 421 A-Eng. -- Read third time. Carried by second Monday in January 2005, resigned on August 1, Devlin, Minnis. On passage of bill the vote was: Ayes, 2003. 29. Bill passed. That Ben Westlund, a qualified elector from Senate SB 474 -- Read third time. Carried by Devlin. District 27 was duly appointed on August 6, 2003 to the On passage of bill the vote was: Ayes, 28; attending office of State Senator by the Board of Commissioners for legislative business, 1 – Harper. Bill passed. the County of Deschutes until the second Monday in January 2005. The certificate of appointment is attached.

HB 5042; 2577, 3653, 3659 -- Read first time and That Ben Westlund will be sworn into office on August referred to President’s desk. 11, 2003. HB 2011 -- Read second time and passed to third Respectfully submitted, reading. Senator Roger Beyer, Chair Senator Ginny Burdick HCR 13 -- Read final time. Carried by Brown. Senator Gary George On adoption of resolution, the vote was: Ayes, 27; Senator Frank Shields attending legislative business, 2 – Harper, Schrader. Resolution adopted. (Certificate of appointment included in Original Documents File) HB 3648 A-Eng. -- Read third time. Carried by Corcoran. On passage of bill the vote was: Ayes, 27; Beyer and Brown were appointed to escort the attending legislative business, 2 – Harper, Schrader. Honorable Theodore R. Kulongoski, Governor of Bill passed. Oregon, to the rostrum to administer the oath of office. (Dukes in Chair) The following measures were referred to committee on August 8 and recorded on Committee President Courtney and President Pro Tempore Referral List No. 79 which was distributed to Hannon were appointed to escort the newly-appointed members. Referral list recorded in the Journal and senator to the rostrum. Governor Kulongoski Status Report by order of the President. administered the oath of office to the newly-appointed Senator Ben Westlund. (President Courtney in Chair) SB 942 Rules; Ways and Means HB 5009 Ways and Means Senate resumed under the order of HB 5052 Ways and Means Announcements by unanimous consent at the request HB 2356 Rules of the Chair. HB 2759 Ways and Means HB 3442 Rules SB 617, 917, 918; HB 3631-- President Courtney HB 3638 Rules signed on August 11. HB 3654 Rules Senate adjourned until 10:45 a.m. Tuesday by Senate recessed until 11:45 a.m. by unanimous unanimous consent at the request of the Chair. consent at the request of the Chair.

Senate reconvened at 11:45 a.m. President Tuesday, August 12, 2003 -- Morning Session Courtney in Chair. All members present. Senate convened at 10:45 a.m. President The Senate, having recessed under the order of Courtney in Chair. The following members were Announcements, proceeded to the Special Order of present: Atkinson, Beyer, Brown, Burdick, Carter, Business by unanimous consent at the request of the Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, Chair. George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, The following report by the Committee on Shields, Starr, B., Starr, C., Walker, Westlund, Credentials was read and adopted by voice vote on Winters. Colors were posted and the Senate pledged motion of Beyer. allegiance to the flag. Invocation by Senator Charles Starr, Hillsboro. August 11, 2003 HB 5061; 2614, 2797 -- Message from the House President Courtney: announcing concurrence in Senate amendments and repassage. SENATE JOURNAL SJ-213

SB 232, 820 -- Message from the House nays, 8 – Carter, Deckert, Dukes, Hannon, announcing Conference committee reports adopted Morrisette, Ringo, Shields, Walker. Bill repassed. and repassed. SB 751 B-Eng. -- Metsger moved that the Senate SB 5512, 5525; 63, 267, 516; HB 3631 -- Message concur in House amendments and repass bill. On from the House announcing Speaker signed on concurrence and repassage the vote was: Ayes, 21; August 11. nays, 9 – Carter, Corcoran, Devlin, Dukes, Gordly, Hannon, Morrisette, Shields, Walker. Bill repassed. Committee Report Summary No. 154 listing the following reports was distributed to members August SB 943 -- Introduced, read first time and 11. Summary list recorded in Journal and Status referred to President’s desk. Report by order of the President. SB 5513 A-Eng. -- Read third time. Carried by SB 272 B-Eng. -- Report by Conference Devlin. On passage of bill the vote was: Ayes, 29; Committee, signed by Senators Starr, C., Morrisette nays, 1 – Hannon. Bill passed. and Representatives Close, Monnes Anderson, Smith, recommending that the Senate concur in House HJM 10; HB 5009, 5052; 3646 -- Read second amendments dated June 30 and that the B-engrossed time and passed to third reading. bill be further amended and repassed. HB 2011 -- Read third time. Carried by Metsger. Committee Report Summary No. 155 listing the Taken from its place on today’s third reading calendar following reports was distributed to members today. and placed on August 15 calendar by voice vote on Summary list recorded in Journal and Status Report motion of Metsger. by order of the President. Senate adjourned until 10:45 a.m. Wednesday by HB 5009 -- Report by Committee on Ways and unanimous consent at the request of the Chair. Means recommending passage of the A-engrossed bill.

HB 5052 -- Report by Committee on Ways and Wednesday, August 13, 2003 -- Morning Session Means recommending passage of the A-engrossed bill.

Committee Report Summary No. 156 listing the Senate convened at 10:45 a.m. President following reports was distributed to members today. Courtney in Chair. The following members were Summary list recorded in Journal and Status Report present: Atkinson, Beyer, Brown, Carter, Corcoran, by order of the President. Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, SB 5509 -- Report by Committee on Ways and Starr B., Starr C., Walker, Winters; excused -- Means recommending passage with amendments. Burdick, Westlund. Colors were posted and the Senate pledged allegiance to the flag. Invocation by SB 5523 -- Report by Committee on Ways and Chaplain Frank Carpenter, Capitol Ministries of Means recommending passage with amendments. Oregon, Hillsboro.

SB 5553 -- Report by Committee on Ways and SB 5501; HB 5013, 5014; 2532, 2551 -- Message Means recommending passage with amendments. from the House announcing passage.

SB 139 -- Report by Committee on Ways and SCR 7 -- Message from the House announcing Means recommending passage with amendments to adoption. the A-engrossed bill. HB 2379 -- Message from the House announcing SB 467 -- Report by Committee on Ways and refusal to concur in Senate amendments. Means recommending passage with amendments to the A-engrossed bill. HB 2368 -- Message from the House announcing Close, Verger, Patridge appointed House conferees. HB 3108 -- Report by Committee on Ways and Means recommending passage with amendments to SB 617, 912, 918 -- Message from the House the B-engrossed bill. announcing Speaker signed August 12.

SB 297 -- Senate refused to concur in House Committee Report Summary No. 157 listing the amendments by voice vote on motion of Minnis. following reports was distributed to members August 12. Summary list recorded in Journal and Status SB 342 A-Eng. -- Minnis moved that the Senate Report by order of the President. concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 22; SJR 18 -- Report by Committee on Revenue recommending adoption with amendments.

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SB 915 -- Report by Committee on Rules SB 911 -- Moved to the foot of today’s third recommending passage with amendments. reading calendar by unanimous consent at the request of the Chair. SB 939 -- Report by Committee on Rules recommending passage with amendments. HB 5013, 5014; 2532, 2551 -- Read first time and referred to President’s desk. HB 2372 -- Report by Committee on Revenue recommending passage with amendments to the A- HB 2372, 3108, 3328 -- Read second time and engrossed bill. passed to third reading.

HB 3328 -- Report by Committee on Rules HJM 10 A-Eng. -- Read final time. Carried by recommending passage with amendments to the A- Dukes. On adoption of memorial, the vote was: Ayes, engrossed bill. 26; nays, 1 – Minnis; excused, 3 – Burdick, George, Westlund. Memorial adopted. Committee Report Summary No. 158 listing the following reports was distributed to members today. HB 5009 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Messerle. On passage of bill the vote was: Ayes, 24; by order of the President. nays, 3 – Corcoran, Hannon, Shields; excused, 3 – Burdick, George, Westlund. Bill passed. HB 2341 -- Report by Committee on Rules recommending passage with amendments to the A- HB 5052 A-Eng. -- Read third time. Carried by engrossed bill. Gordly. On passage of bill the vote was: Ayes, 23; nays, 2 – Corcoran, Hannon, ; excused, 3 – Burdick, Committee Report Summary No. 159 listing the George, Westlund; attending legislative business, 2 -- following reports was distributed to members today. Harper, Winters. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 3646 A-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 17; Report by Committee on Rules recommending nays, 3 – Hannon, Ringo, Shields; excused, 3 – that the Governor’s appointments of Steve Corey Burdick, George, Westlund; attending legislative (appearance waived), Thomas Imeson (appearance business, 7 – Carter, Devlin, Dukes, Gordly, Harper, waived) and Jay Waldron (r) (appearance waived) to Schrader, Winters. Bill passed. the Board of Commissioners of the Port of Portland be confirmed en bloc. HB 3534 -- Moved to the foot of today’s third reading calendar by unanimous consent at the Report by Committee on Rules recommending request of the Chair. that the Governor’s appointments of Daniel Heagerty (appearance waived) and Jane O’Keeffe (r) The following measures were referred to (appearance waived) to the Oregon Watershed committee on August 12 and recorded on Committee Enhancement Board be confirmed en bloc. Referral List No. 80 which was distributed to members. Referral list recorded in the Journal and Senate recessed until 11:30 a.m. by unanimous Status Report by order of the President. consent on motion of Beyer. SB 943 Rules Senate reconvened at 11:30 a.m. President HB 5042 Ways and Means Courtney in Chair. All present except, Burdick, HB 2577 Rules Westlund, excused. HB 3653 Rules; Ways and Means HB 3659 Ways and Means Senate, having recessed following the order of Reports from Special Committees, resumed under the general order of business by unanimous consent at SB 297 -- Minnis, Ringo appointed Senate the request of the Chair. conferees.

SB 272 B-Eng.* -- Conference Committee report Senate recessed until 5:00 p.m. by unanimous adopted and bill repassed on motion of Starr, C. The consent at the request of the Chair. vote was: Ayes, 23; nays, 4 – Gordly, Hannon, Metsger, Schrader; excused, 3 – Burdick, Westlund, Wednesday, August 13, 2003 -- Afternoon Session George. Bill repassed.

SJR 34; SB 944, 945 -- Introduced, read first Recess extended until 6:00 p.m. by unanimous time and referred to President’s desk. consent at the request of the Chair.

SJR 18; SB 5509, 5523, 5553; 139, 467, 915, 939 - Senate reconvened at 6:00 p.m. President - Read second time and passed to third reading. Courtney in Chair. All present except, Burdick, excused. SENATE JOURNAL SJ-215

The following messages from the Governor were I appoint Brenda Rocklin of Salem to the Public Employees read and referred to the Committee on Rules. Retirement Board for a three-year term, as provided by statute, beginning September 1, 2003 and ending August 31, 2006, effective upon Senate confirmation. August 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 238.630 provides that the Governor shall appoint the Governor members of the Public Employees Retirement Board subject August 13, 2003 to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. TO THE HONORABLE PRESIDENT OF THE SENATE I appoint James Dalton of Beaverton to the Public OF THE 72nd LEGISLATIVE ASSEMBLY Employees Retirement Board for a three-year term, as provided by statute, beginning September 1, 2003 and ORS 238.630 provides that the Governor shall appoint the ending August 31, 2006, effective upon Senate confirmation. members of the Public Employees Retirement Board 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 Eva Kripalani of Portland to the Public Ted Kulongoski Employees Retirement Board for a three-year term, as Governor provided by statute, beginning September 1, 2003 and ending August 31, 2006, effective upon Senate confirmation. August 13, 2003 This appointment is submitted for your consideration. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY Sincerely, Ted Kulongoski ORS 238.630 provides that the Governor shall appoint the Governor members of the Public Employees Retirement Board subject to Senate confirmation, in the manner provided by ORS HB 5021, 5028; 2288; SB 5522, 5527, 5547, 5551; 171.562 and ORS 171.565. 867 -- Message from the House announcing passage. I appoint Thomas Grimsley of Eugene to the Public SB 7 -- Message from the House announcing Employees Retirement Board for a three-year term, as provided by statute, beginning September 1, 2003 and passage as amended by the House. ending August 31, 2006, effective upon Senate confirmation. HB 2537 -- Message from the House announcing This appointment is submitted for your consideration. concurrence in Senate amendments and repassage.

Sincerely, Ted Kulongoski Senate, having recessed under the order of Governor Announcements, reverted to order of Reports from Standing Committees by unanimous consent at the August 13, 2003 request of the Chair. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY Committee Report Summary No. 160 listing the following reports was distributed to members today. ORS 238.630 provides that the Governor shall appoint the Summary list recorded in Journal and Status Report members of the Public Employees Retirement Board subject by order of the President. to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 5042 -- Report by Committee on Ways and I appoint Michael Pittman of Portland to the Public Means recommending passage of the A-engrossed bill. Employees Retirement Board for a three-year term, as provided by statute, beginning September 1, 2003 and HB 2168 -- Report by Committee on Revenue ending August 31, 2006, effective upon Senate confirmation. recommending passage with amendments to the A- This appointment is submitted for your consideration. engrossed bill.

Sincerely, HB 3659 -- Report by Committee on Ways and Ted Kulongoski Means recommending passage of the A-engrossed bill. Governor August 13, 2003 Committee Report Summary No. 161 listing the TO THE HONORABLE PRESIDENT OF THE SENATE following reports was distributed to members today. Summary list recorded in Journal and Status Report OF THE 72nd LEGISLATIVE ASSEMBLY by order of the President.

ORS 238.630 provides that the Governor shall appoint the members of the Public Employees Retirement Board subject HB 5013 -- Report by Committee on Ways and to Senate confirmation, in the manner provided by ORS Means recommending passage of the A-engrossed bill. 171.562 and ORS 171.565.

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HB 5014 -- Report by Committee on Ways and SB 911 -- Bill read. Carried by Atkinson. On Means recommending passage of the A-engrossed bill. passage of bill the vote was: Ayes, 18; nays, 11─Brown, Carter, Devlin, Dukes, Gordly, Hannon, HB 2532 -- Report by Committee on Ways and Metsger, Ringo, Shields, Walker, President Courtney; Means recommending passage of the A-engrossed bill. excused, 1─Burdick.

HB 2551 -- Report by Committee on Ways and SB 5550; 437, 906, 923, 924 -- President Means recommending passage of the B-engrossed bill. Courtney signed on August 13.

Committee Report Summary No. 162 listing the Senate adjourned until 10:45 a.m. 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, August 14, 2003 -- Morning Session HB 5030 -- Report by Special Committee on Budget recommending passage with amendments to Senate convened at 10:45 a.m. President the A-engrossed bill. (Amendments distributed Courtney in Chair. The following members were August 13) present: Atkinson, Beyer, Brown, Corcoran, Deckert, Ferrioli, Fisher, Hannon, Metsger, Minnis, Nelson, HB 5066 -- Report by Special Committee on Ringo, Shields, Starr, B., Starr, C., Westlund; Budget recommending passage of the A-engrossed Burdick, Carter, Devlin, Dukes, George, Gordly, bill. Harper, Messerle, Morrisette, Morse, Schrader, Winters, absent; excused -- Walker. Senate reverted to the order of First Reading of House Measures by unanimous consent at the request Call of the Senate demanded by Minnis joined by of the Chair. Corcoran and Shields. All present except Burdick, Carter, Devlin, Dukes, George, Gordly, Harper, HB 5021, 5028; 2288 -- Read first time and Messerle, Morrisette, Morse, Schrader, Winters, referred to President’s desk. absent; Walker, excused. Pending arrival of members subject to the Call, Senate at ease. Further Senate reverted to the order of Second Reading proceedings under the Call terminated by unanimous of House Measures by unanimous consent at the consent at the request of the Chair. All present except request of the Chair. Walker, excused. Senate reassembled. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Mary Ann Googins, Minister of HB 5013, 5014, 5042; 2532, 2551, 3659 -- Read Discipleship at the First United Methodist Church, second time and passed to third reading. Salem.

HB 5030, 5066 -- Rules suspended by unanimous HB 5029, 5031; 2160, 2189, 2301, 2349, 2594, consent at the request of the Chair in order that the 3044, 3201, 3620, 3628 -- Message from the House Senate may consider bills under second and third announcing Speaker signed August 14. reading immediately. Committee Report Summary No. 163 listing the HB 5030, 5066 -- Under rules suspension, read following reports was distributed to members today. second time and passed to third reading. Summary list recorded in Journal and Status Report by order of the President. HB 5030 B-Eng. -- Under rules suspension, read third time. Carried by Winters. Fisher declared HB 3654 -- Report by Committee on Rules potential conflict of interest. Call of the Senate recommending passage. demanded by Winters joined by Brown and Minnis. All members present except Burdick, excused. On passage of bill the vote was: Ayes, 25; nays, 4 – Beyer, Rules suspended by unanimous consent in order Harper, Morrisette, Starr, B.; excused, 1 – Burdick. that the Senate may take en bloc action on the Bill passed. confirmation of the following appointments on motion of Atkinson. HB 5066 A-Eng. -- Under rules suspension, read third time. Carried by Carter. On passage of bill the vote was: Ayes, 25; nays, 4 – Atkinson, Beyer, Board of Commissioners of the Port of Portland Hannon, Morrisette; excused, 1 – Burdick. Bill passed. Steve Corey Thomas Imeson HB 3534 B-Eng. -- Read third time. Carried by Jay Waldron (r) Messerle. On passage of bill the vote was: Ayes, 20; nays, 9 – Brown, Carter, Devlin, Dukes, Gordly, Metsger, Morrisette, Ringo, Shields; excused, 1 – Burdick. Bill passed. SENATE JOURNAL SJ-217

The following measures were referred to Oregon Watershed Enhancement Board committee on August 13 and recorded on Committee Daniel Heagerty Referral List No. 82 which was distributed to Jane O’Keeffe (r) members today. Referral list recorded in the Journal and Status Report by order of the President. Under rules suspension, Atkinson moved that the Senate confirm en bloc the Governor’s appointments as listed in the motion to suspend the Public Employees Retirement Board (ORS 238.630) rules. On confirmation the vote was: Ayes, 28; excused, 1 – Walker; attending legislative business, 1 James Dalton Rules – Beyer. Confirmed en bloc. Thomas Grimsley Rules SJR 18 A-Eng. -- Read final time. Carried by Eva Kripalani Rules Morse. Call of the Senate demanded by Metsger Michael Pittman Rules joined by Brown and Devlin. All members subject to Brenda Rocklin Rules the Call present except Walker, excused. On adoption The Senate recessed until 1:30 p.m. by of resolution, the vote was: Ayes, 17; nays, 12 – unanimous consent at the request of the Chair. Atkinson, Beyer, Ferrioli, Fisher, George, Hannon, Harper, Minnis, Nelson, Starr, B., Westlund, Winters; excused, 1 – Walker. Resolution adopted. Thursday, August 14, 2003 -- Afternoon Session

SB 5509 A-Eng. -- Read third time. Carried by Devlin. On passage of bill the vote was: Ayes, 28; Senate reconvened at 1:30 p.m. President nays, 1 – Hannon; excused, 1 – Walker. Bill passed. Courtney in Chair. The following members were (Hannon in Chair) present: Beyer, Burdick, Ferrioli, Metsger, Minnis, Morse, Nelson, Westlund; absent -- Atkinson, Brown, Carter, Corcoran, Deckert, Devlin, Dukes, Fisher, SB 5523 A-Eng. -- Read third time. Carried by George, Gordly, Hannon, Harper, Messerle, Devlin. On passage of bill the vote was: Ayes, 27; Morrisette, Ringo, Schrader, Shields, Starr, B., Starr, nays, 2 – Hannon, Ringo; excused, 1 – Walker. Bill C. Winters; excused -- Walker. passed. Call of the Senate demanded by Minnis joined by SB 5553 A-Eng. -- Read third time. Carried by Burdick and Beyer. All present except Atkinson, George. On passage of bill the vote was: Ayes, 26; Brown, Carter, Corcoran, Deckert, Devlin, Dukes, nays, 2 – Hannon, Westlund; excused, 1 – Walker; Fisher, George, Gordly, Hannon, Harper, Messerle, attending legislative business, 1 – Brown. Bill Morrisette, Ringo, Schrader, Shields, Starr, B., Starr, passed. C. Winters, absent; Walker, excused. Pending arrival of members subject to the Call, Senate at ease. SB 139 B-Eng. -- Read third time. Carried by Further proceedings under the Call terminated by Schrader. Call of the Senate demanded by Schrader unanimous consent at the request of the Chair. All joined by Nelson and Gordly. All present except present except Walker, excused. Senate reassembled. Walker, excused. On passage of bill the vote was: Ayes, 18; nays, 11 – Atkinson, Beyer, Dukes, Ferrioli, Senate, having recessed under the order of Fisher, George, Gordly, Morrisette, Ringo, Starr, B., Announcements, reverted to the order of Third Starr, C.; excused, 1 – Walker. Bill passed. Reading of Senate Measures by unanimous consent at the request of the Chair. Senate proceeded to Second Reading of House Measures by unanimous consent at the request of the SB 467 B-Eng. -- Read third time. Carried by Chair. Morse. On passage of bill the vote was: Ayes, 26; absent, 3 – Deckert, George, Winters; excused, 1 – HB 2168, 2341, 3654 -- Read second time and Walker. Bill passed. passed to third reading. SB 915 A-Eng. -- Read third time. Carried by The following measures were referred to Beyer. On passage of bill the vote was: Ayes, 23; committee on August 13 and recorded on Committee nays, 4 – Carter, Hannon, Schrader, Shields; absent, Referral List No. 81 which was distributed to 2 – George, Winters; excused, 1 – Walker. Bill members August 13. Referral list recorded in the passed. Journal and Status Report by order of the President. SJR 34 Budget SB 939 A-Eng. -- Read third time. Carried by Corcoran. On passage of bill the vote was: Ayes, 27; SB 944 Revenue nays, 2 – Hannon, Schrader; excused, 1 – Walker. SB 945 Budget Bill passed. HB 5013 Ways and Means HB 5014 Ways and Means Senate reverted to the order of Third Reading of HB 2532 Ways and Means House Measures by unanimous consent at the request HB 2551 Ways and Means of the Chair.

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HB 5013 A-Eng. -- Read third time. Carried by Friday, August 15, 2003 -- Morning Session Carter. On passage of bill the vote was: Ayes, 28; nays, 1 – Hannon; excused, 1 – Walker. Bill passed. (Dukes in Chair) Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 5014 A-Eng. -- Read third time. Carried by present: Atkinson, Brown, Corcoran, Devlin, Gordly, Messerle. Call of the Senate demanded by Beyer Harper, Messerle, Metsger, Minnis, Shields, Walker; joined by Gordly and George. All present except, absent -- Beyer, Burdick, Carter, Deckert, Dukes, Walker, excused. On passage of bill the vote was: Ferrioli, Fisher, George, Hannon, Morrisette, Morse, Ayes, 19; nays, 10 – Brown, Carter, Corcoran, Nelson, Ringo, Schrader, Westlund, Winters; excused Deckert, Hannon, Metsger, Morrisette, Ringo, -- Starr, C.; attending legislative business -- Starr, B. Shields, Starr, B.; excused, 1 – Walker. Bill passed. Call of the Senate demanded by Corcoran joined HB 5042 A-Eng. -- Read third time. Carried by by Minnis and Gordly. All present except, Beyer, Gordly. On passage of bill the vote was: Ayes, 27; Burdick, Carter, Deckert, Dukes, Ferrioli, Fisher, nays, 2 – Beyer, Hannon; excused, 1 – Walker. Bill George, Hannon, Morrisette, Morse, Nelson, Ringo, passed. Schrader, Westlund, Winters, absent; Starr, C., excused; Starr, B., attending legislative business. Pending arrival of members subject to the Call, HB 2372 B-Eng. -- Read third time. Carried by Senate at ease. Further proceedings under the Call Starr, B. On passage of bill the vote was: Ayes, 26; terminated by unanimous consent at the request of nays, 3 – Carter, Morrisette, Ringo; excused, 1 – the Chair. All present except Starr, C., excused; Walker. Bill passed. Starr, B., attending legislative business. Senate reassembled. Colors were posted and the Senate HB 2532 A-Eng. -- Read third time. Carried by pledged allegiance to the flag. Invocation by Emily Harper. On passage of bill the vote was: Ayes, 23; Broussard, Associate Pastor at Pauline Memorial nays, 6 – Corcoran, Dukes, Gordly, Hannon, AME Zion Church, Salem. Morrisette, Shields; excused, 1 – Walker. Bill passed. SB 5512, 5525; 196, 468, 757, 908, 909, 919 -- HB 2551 B-Eng. -- Read third time. Carried by Message from the Governor announcing he signed on Messerle. On passage of bill the vote was: Ayes, 22; August 14. nays, 7 –Carter, George, Gordly, Hannon, Morrisette, Ringo, Shields; excused 1─Walker. Bill passed. SB 5513; 421, 899 -- Message from the House announcing passage. HB 3108 -- Moved to the foot of today's third reading calendar by unanimous consent at the SB 5550; 437, 906, 923, 924; HCR 13; HB 5022, request of the Chair. 5034, 5060; 2614, 2797, 3648 -- Message from the House announcing Speaker signed on August 14. HB 3328 B-Eng. -- Read third time. Carried by Beyer. On passage of bill the vote was: Ayes, 24; Committee Report Summary No. 164 listing the nays, 5 – Carter, George, Gordly, Hannon, Morrisette; following reports was distributed to members today. excused, 1 – Walker. Bill passed. Summary list recorded in Journal and Status Report by order of the President. HB 3659 A-Eng. -- Read third time. Carried by Devlin. Hannon declared potential conflict of interest. SB 772 -- Report by Committee on Ways and On passage of bill the vote was: Ayes, 27; nays, 2 – Means recommending passage with amendments to George, Hannon; excused, 1 – Walker. Bill passed. the A-engrossed bill. (President Courtney in Chair) SB 931 -- Report by Committee on Ways and HB 3108 C-Eng. -- Read third time. Carried by Means recommending passage with amendments to Dukes. On passage of bill the vote was: Ayes, 22; the A-engrossed bill. nays, 7 – Beyer, Gordly, Harper, Minnis, Ringo, Shields, Starr, B.; excused, 1 – Walker. Bill passed. HB 2759 -- Report by Committee on Ways and Means recommending passage with amendments to Senate reverted to the order of Other Business of the B-engrossed bill to resolve conflicts. the Senate by unanimous consent at the request of the Chair. HB 2011 -- Taken from its place on today’s third reading calendar and placed on August 19 calendar HB 2379 -- Carter, Hannon appointed Senate by voice vote on motion of Metsger. conferees. HB 2168 B-Eng. -- Read third time. Carried by Senate adjourned until 10:45 a.m. on Friday by Morse. On passage of bill the vote was: Ayes, 19; unanimous consent at the request of the Chair. nays, 9 – Atkinson, Beyer, Ferrioli, Fisher, George, Hannon, Harper, Minnis, Nelson; attending legislative business, 2 – Schrader, Starr, B. Bill passed. SENATE JOURNAL SJ-219

HB 2341 B-Eng. -- Read third time. Carried by such as price setting for Qualified Rehabilitation Facilities Atkinson. On passage of bill the vote was: Ayes, 29; contracts. attending legislative business, 1 – Starr, B. Bill passed. “Several courts in the state are reviewing legal issues concerning DAS contracting procedures with Qualified Rehabilitation Facilities. Without favoring one side or the HB 2341 -- Fisher requested the following other, until judicial clarification is achieved I think it is explanation of vote be entered into the journal. important that we not change the statutes.

“I appreciate all the work that has gone into this “Hopefully, court review will result in some clarity in rewrite of the state’s public contracting laws. the interpretation of the products of Disabled Qualified Rehabilitation Facility laws. “As we all know, this public contracting bill repeals almost all of ORS Chapter 279. It completely rewrites the “The reason I am belaboring these points is that this is public contracting code for Oregon. This covers all local a very complex 206-page bill. Although I am voting yes on governments and public entities in the state. This is one of this bill today, it is very important that as legislators we the most important bills we will pass this session. maintain our power to determine the public contracting laws of our state.” “House Bill 2341-B makes it impossible to compare existing statute with proposed new law. It is unfortunate HB 3654 -- Read third time. Carried by Walker. that the Department of Administrative Services and the attorneys from the Department of Justice did not give us a On passage of bill the vote was: Ayes, 29; attending side-by-side comparison of old law and new law. Without legislative business, 1 – Starr, B. Bill passed. that we are being asked today to support a major revision of the state’s public contracting code without being able to SCR 7; SB 5501; 342, 751, 800; HCR 13; HB determine exactly what changes are being made to existing 5022, 5029, 5031, 5034, 5060; 2160, 2189, 2301, 2349, law. 2594, 2614, 2797, 3044, 3201, 3620, 3628, 3648 -- President Courtney signed on August 15. “I am going on record to say, that the Senate Rules Committee, we are assured by the proponents of this bill that there is no intention to make substantive policy Senate adjourned until 10:45 a.m. Monday by changes in the existing contracting law of Oregon. unanimous consent at the request of the Chair.

“As the policy statement says, the intention of House Monday, August 18, 2003 -- Morning Session Bill 2341 is to ‘Simplify, clarify and modernize procurement practices’ (page 11, line 43), and ‘Allow impartial and open competition, protecting… the competitive nature of public Senate convened at 10:45 a.m. President procurement.’ (Page 12, line 7) Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, “These are fancy words and noble statements. We Corcoran, Deckert, Devlin, Dukes, Ferrioli, George, need to be sure that the fairness and competitiveness of public contracting in Oregon will be maintained. Gordly, Hannon, Harper, Messerle, Metsger, Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Winters; excused -- “There are several aspects of this contracting bill that I believe need clarification. Fisher; attending legislative business -- Westlund. Colors were posted and the Senate pledged allegiance to the flag. Invocation by Senator Frank Morse, “In the past several years we have heard more and more about the problems with public contracts held by non- Corvallis. profit groups employing the disabled. DAS has not provided adequate oversight of these contracts. SB 474 -- Message from the House announcing passage. “In 1977 the Legislature put into law an exemption from competitive bidding on public contracts for non-profits SB 260 -- Message from the House announcing employing the disabled. This was to create jobs for severely passage as amended by the House. disabled individuals, as defined in the statute, working in sheltered workshops and activity centers. HJM 10; HB 3646 -- Message from the House “We need to be clear that: announcing concurrence in Senate amendments and repassage. “There is no intention in House Bill 2341 to make any change in the existing products of disabled individuals law SB 272 -- Message from the House announcing (ORS 279.835 to 279.855). adoption of conference committee report and repassage. “There are no changes or language in House Bill 2341 that would change the interpretation of the original 1977 SB 297 -- Message from the House announcing legislation to assist in employing severely disabled people Williams, Anderson, Barker appointed House on public contracts. conferees.

“This bill does not give DAS authority to delegate it’s Committee Report Summary No. 165 listing the statutory obligations. DAS must still meet requirements following reports was distributed to members today.

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Summary list recorded in Journal and Status Report HB 2372, 3108 -- Message from the House by order of the President. announcing concurrence in Senate amendments and repassage. HB 2661 B-Eng. -- Report by Conference Committee, signed by Senators Metsger, Starr, B. and Committee Report Summary No. 166 listing the Representatives Brown, Greenlick, Miller, following reports was distributed to members August recommending the House concur in Senate 18. Summary list recorded in Journal and Status amendments dated May 28 and that the bill be Report by order of the President. further amended and repassed. HB 2318 -- Report by Committee on Judiciary SB 7 -- Corcoran moved that the Senate refuse to recommending passage with amendments to the A- concur in House amendments. Motion carried; the engrossed bill. vote was: Ayes, 16; nays, 7 – Atkinson, Beyer, Corcoran, Minnis, Morrisette, Starr, B., Starr, C.; Committee Report Summary No. 167 listing the absent, 1 – George; excused, 1 – Fisher; attending following reports was distributed to members August legislative business, 5 – Carter, Deckert, Schrader, 18. Summary list recorded in Journal and Status Westlund, Winters. Senate refused to concur in House Report by order of the President. amendments. HB 2148 -- Report by Committee on General SB 752 C-Eng. -- Minnis moved that the Senate Government without recommendation as to passage. concur in House amendments and repass bill. Call of Requesting subsequent referral to Ways and Means the Senate demanded by Brown joined by Devlin and be rescinded and bill be referred to Special Committee Metsger. All members subject to the Call present on Budget. Subsequent referral rescinded and except George, absent; Fisher, excused; Winters, referred to Special Committee on Budget by order of attending legislative business. On concurrence and the President in agreement with the President Pro repassage the vote was: Ayes, 23; nays, 4 – Atkinson, Tempore. Beyer, Starr, B., Starr, C.; absent, 1 – George; excused, 1 – Fisher; attending legislative business, 1 HB 3446 -- Report by Committee on General – Winters. Bill repassed. Government without recommendation as to passage. Requesting subsequent referral to Ways and Means SCR 9; SJM 7 -- Introduced, read first time and be rescinded and bill be referred to Special Committee referred to President’s desk. on Budget. Subsequent referral rescinded and referred to Special Committee on Budget by order of SB 772, 931 -- Read second time and passed to the President in agreement with the President Pro third reading. Tempore.

HB 2759 -- Read second time and passed to third Committee Report Summary No. 168 listing the reading. following reports was distributed to members today. Summary list recorded in Journal and Status Report Senate adjourned until 10:45 a.m. Tuesday by by order of the President. unanimous consent at the request of the Chair.

HB 5028 -- Report by Committee on Ways and Means recommending passage of the A-engrossed bill. Tuesday, August 19, 2003 -- Morning Session HB 2152 -- Report by Committee on Revenue recommending passage with amendments to the A- Senate convened at 10:45 a.m. President engrossed bill. (Amendments distributed August 19) Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, HB 2288 -- Report by Committee on Ways and George, Gordly, Hannon, Harper, Messerle, Metsger, Means recommending passage of the A-engrossed bill. Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Westlund, HB 2152 -- Deckert moved that the rules be Winters. Colors were posted and the Senate pledged suspended in order that bill may be read second and allegiance to the flag. Invocation by Pastor Steve third time under a Special Order of Business Knox of the First Christian Church, Silverton. immediately. Fisher objected. The Chair ordered a roll call on the motion to suspend the rules. The vote SB 5550; 63, 267, 516, 617, 912, 918 -- Message was: Ayes, 26; nays, 4 – Ferrioli, Fisher George, from the Governor announcing he signed August 18. Minnis. Motion carried.

SB 914, 926, 933 -- Message from the House HB 2152 -- Under rules suspension and Special announcing passage. Order of Business, read second time.

HM 11 -- Message from the House announcing HB 2152 B-Eng. -- Under rules suspension and adoption. Special Order of business, read third time. Carried by Deckert. Parliamentary inquiry by Ferrioli SENATE JOURNAL SJ-221

questioning the germaneness of the amendments to nays, 11 – Atkinson, Beyer, Corcoran, Ferrioli, Fisher, the bill and requesting a ruling from the chair. The George, Hannon, Harper, Messerle, Minnis, Starr, B. chair ruled that the amendments are proper and Bill passed. comply with the Oregon Constitution, Rules of the Senate and Mason’s Manual of Legislative Procedure. Senate, having completed action under Special Order of Business, resumed under the general order The chair gave the following statement in of business by unanimous consent at the request of reference to his ruling: the Chair.

“Art. IV, sec. 17, Oregon Constitution: “ Each SB 260 -- Taken from today’s calendar and house shall have all the power necessary for a branch placed on August 20 by unanimous consent on motion of the legislative department of a free and of Minnis. independent state.” That is followed by section 18 where bills are to originate. Bills may originate in SB 946, 947 -- Introduced, read first time and either house that may be amended or rejected in the referred to President’s desk. other, except that bills for raising revenue shall originate in the House of Representatives.” SB 772 B-Eng. -- Read third time. Carried by George, Starr, B. Morse declared a potential conflict “The title of HB 2152 is “relating to taxation.” of interest. On passage of bill the vote was: Ayes, 21; The House vote on this measure was 51 ayes, 5 nays, nays, 9 – Burdick, Carter, Corcoran, Dukes, Gordly, and 4 excused. So, clearly the measure before us Hannon, Morrisette, Ringo, Shields. Bill passed. originated in the House of Representatives, in compliance with the Oregon Constitution, and it SB 931 B-Eng. -- Read third time. Carried by passed by more than a three-fifths vote. Dukes. On passage of bill the vote was: Ayes, 29; excused, 1 – Brown. Bill passed. “Now to the issue of germaneness. The good senator is correct, in that all questions of HB 5028; 2288 -- Read second time and passed to germaneness are decided by the President or the third reading. presiding officer, and we are directed to Mason’s. My interpretation in viewing this is that the amendments (-19 and -20) that were adopted yesterday related to HB 2011 -- Read third time. Carried by Metsger. taxation, as did the original bill which came from the Referred to Special Committee on Budget by voice House. To quote Mason’s, to determine if an vote on motion of Metsger. amendment is germane the question to be answered is whether the amendment is relevant, appropriate, HB 2759 C-Eng. -- Read third time. Carried by and the in the natural and logical sequence to the Devlin. On passage of bill the vote was: Ayes, 23; subject matter of the original proposal. nays, 7 – Atkinson, Beyer, Corcoran, Dukes, George, Hannon, Starr, B. Bill passed. “The subject of the original proposal is clearly one of taxation, whether it is the measure before you The following measures were referred to or the one that came from the House, the sum and committee on August 18 and recorded on Committee substance, the four corners of the legislation, the Referral List No. 83 which was distributed to spirit, intent, involved in the legislation. members. Referral list recorded in the Journal and Status Report by order of the President. “Mason’s sec. 402 (3) states that to be germane, SCR 9 Rules the amendment is required only to relate to the same subject. It may entirely change the effect of or be in SJM 7 Rules conflict with the spirit of the original motion or HB 5021 Budget measure and still be germane to the subject. It is HB 5028 Ways and Means clear that Mason’s is empowering the presiding officer HB 2288 Ways and Means to have broad authority in making decisions regarding germaneness. President Courtney announced the following committee assignments effective August 15. “The final point is that an entirely new proposal may be substituted by amendment as long as it is germane to the main purpose of the original proposal. OREGON COUNCIL FOR KNOWLEDGE AND It is my opinion and my decision that the measure ECONOMIC DEVELOPMENT (SB 273, Chapter 519, before you today is proper. It complies with the Oregon Laws 2001) Oregon Constitution, the Rules of the Senate and Senator Frank Morse with Mason’s Manual of legislative Procedure. The amendments are germane to the subject and title of SB 7 -- Winters, Walker appointed Senate the bill. conferees.

Debate resumed. Call of the Senate demanded SCR 8; SB 5502, 5513, 5522, 5527, 5547, 5551; by Deckert joined by Brown and Walker. All members 232, 820, 867, 932 -- President Courtney signed on present. On passage of bill the vote was: Ayes, 19; August 19.

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Senate adjourned until 10:45 a.m. Wednesday by HB 2661 -- Message from the House announcing unanimous consent at the request of the Chair. Conference Committee Report adopted and bill repassed.

Wednesday, August 20, 2003 -- Morning Session HB 3328 -- Message from the House announcing concurrence in Senate amendments and repassage. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were SCR 7, 8; SB 5501, 5502, 5513, 5522, 5527, 5547, present: Atkinson, Beyer, Brown, Burdick, Carter, 5551; 232, 342, 751, 800, 820, 867, 932; HB 5009, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, 5013, 5018, 5052, 5061, 5066; 2195, 2537, 3120, 3276, Gordly, Hannon, Harper, Messerle, Minnis, 3534 -- Message from the House announcing Speaker Morrisette, Morse, Nelson, Ringo, Schrader, Shields, signed on August 19. Starr, B., Starr, C., Walker, Winters; excused -- George, Westlund; attending legislative business -- HB 5014 5042; 2532, 2551, 3659 -- Message from Metsger. Colors were posted and the Senate pledged the House announcing Speaker signed on August 20. allegiance to the flag. Invocation by Pastor C.T. Wells of Emmanuel Temple Church, Portland. Committee Report Summary No. 170 listing the following reports was distributed to members August Courtesies of the Senate were extended to former 19. Summary list recorded in Journal and Status Senate President Gene Derfler at the request of Report by order of the President. Nelson. SB 469 -- Report by Committee on Revenue The following messages from the Governor were recommending passage with amendments. read and referred to the Committee on Rules. August 19, 2003 Committee Report Summary No. 171 listing the following reports was distributed to members today. TO THE HONORABLE PRESIDENT OF THE SENATE Summary list recorded in Journal and Status Report OF THE 72nd LEGISLATIVE ASSEMBLY by order of the President. ORS 778.215 provides that the Governor shall appoint the members of the Board of Commissioners of the Port of SB 943 -- Report by Committee on Rules Portland, subject to Senate confirmation, in the manner recommending passage with amendments. provided by ORS 171.562 and ORS 171.565. I appoint Judith Johansen of Lake Oswego to the Board of HB 2283 -- Report by Committee on Revenue Commissioners of the Port of Portland for an unexpired recommending passage. four-year term, as provided by statute, beginning September 1, 2003 and ending on September 14, 2005, HB 2577 -- Report by Committee on Rules effective upon Senate confirmation. recommending passage of the B-engrossed bill. This appointment is submitted for your consideration. Sincerely, Committee Report Summary No. 172 listing the Ted Kulongoski following reports was distributed to members today. Governor Summary list recorded in Journal and Status Report by order of the President. August 19, 2003 HB 5067 -- Report by Special Committee on TO THE HONORABLE PRESIDENT OF THE SENATE Budget recommending passage with amendments to OF THE 72nd LEGISLATIVE ASSEMBLY the A-engrossed bill. ORS 778.215 provides that the Governor shall appoint the members of the Board of Commissioners of the Port of HB 3446 -- Report by Special Committee on Portland, subject to Senate confirmation, in the manner Budget recommending passage with amendments. provided by ORS 171.562 and ORS 171.565. I reappoint Mary Olson of Portland to the Board of HB 5067; 3446 -- Rules suspended by unanimous Commissioners of the Port of Portland for a four-year term, consent to consider bills under second and third as provided by statute, beginning March 20, 2003 and reading under a Special Order of Business ending on March 19, 2007, effective upon Senate immediately on motion of Carter. confirmation. This appointment is submitted for your consideration. HB 5067; 3446 -- Under rules suspension and Special Order of Business, read second time. Sincerely, Ted Kulongoski Governor HB 5067 B-Eng. -- Under rules suspension and SB 180, 471; HB 2267, 3666 -- Message from the Special Order of Business, read third time. Carried House announcing passage. by Carter. On passage of bill the vote was: Ayes, 23; absent, 1 – Corcoran; excused, 2 – George, Westlund; attending legislative business, 4 – Metsger, Morse, Nelson, Shields. Bill passed. SENATE JOURNAL SJ-223

HB 3446 A-Eng. -- Under rules suspension and SB 437, 906, 923, 924 -- Message from the Special Order of Business, read third time. Carried Governor announcing he signed on August 21. by Devlin. On passage of bill the vote was: Ayes, 23; absent, 1 – Corcoran; excused, 2 – George, Westlund; SB 5 -- Message from the House announcing attending legislative business, 4 – Metsger, Morse, passage as amended by the House. Nelson, Shields. Bill passed. HB 2094, 2152, 2318 -- Message from the House Senate, having completed action under Special announcing concurrence in Senate amendments and Order of Business, resumed under the general order repassage. of business by unanimous consent at the request of Chair. HB 2168 -- Message from the House announcing refusal to concur in Senate amendments. SB 260 C-Eng. -- Minnis moved that the Senate concur in House amendments and repass bill. On HB 3654 -- Message from the House announcing concurrence and repassage the vote was: Ayes, 24; Speaker signed on August 20. absent, 1 – Corcoran; excused, 2 – George, Westlund; attending legislative business, 3 – Metsger, Morse, Shields. Bill repassed. Committee Report Summary No. 173 listing the following reports was distributed to members August 20. Summary list recorded in Journal and Status SB 469 -- Read second time and passed to third Report by order of the President. reading. HB 3183 -- Report by Committee on Revenue HB 2267, 3666 -- Read first time and referred to recommending passage with amendments. President’s desk. HB 3630 -- Report by Committee on Judiciary HB 2577 -- Read second time and passed to third recommending passage with amendments to the A- reading. engrossed bill and requesting subsequent referral to Committee on Ways and Means be rescinded. HB 5028 A-Eng. -- Read third time. Carried by Subsequent referral rescinded by order of the Messerle. On passage of bill the vote was: Ayes, 23; President in agreement with the President Pro absent, 1 – Corcoran; excused, 2 – George, Westlund; Tempore. attending legislative business, 4 – Metsger, Morse, Nelson, Shields. Bill passed. Committee Report Summary No. 174 listing the following reports was distributed to members today. HB 2288 A-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Winters. On passage of bill the vote was: Ayes, 23; by order of the President. absent, 1 – Corcoran; excused, 2 – George, Westlund; attending legislative business, 4 – Metsger, Morse, SCR 9 -- Report by Committee on Rules Nelson, Shields. Bill passed. recommending adoption.

HB 2318 B-Eng. -- Bill read. Carried by Walker. Committee Report Summary No. 175 listing the On passage of bill the vote was: Ayes, 23; absent, 1 – following reports was distributed to members today. Corcoran; excused, 2 – George, Westlund; attending Summary list recorded in Journal and Status Report legislative business, 4 – Metsger, Morse, Nelson, by order of the President. Shields. Bill passed. HB 2825 -- Report by Committee on Rules Senate adjourned until 10:45 a.m. Thursday by recommending passage with amendments to the A- unanimous consent at the request of the Chair. engrossed bill and requesting subsequent referral to Committee on Ways and Means be rescinded. Thursday, August 21, 2003 -- Morning Session Subsequent referral rescinded by order of the President in agreement with the President Pro Tempore. Senate convened at 10:45 a.m. President Courtney in Chair. The following members were HB 3159 -- Report by Committee on Business present: Atkinson, Beyer, Brown, Carter, Corcoran, and Labor without recommendation as to passage and Deckert, Devlin, Dukes, Fisher, George, Gordly, requesting it be returned to President’s desk for Hannon, Harper, Messerle, Metsger, Morrisette, referral to another committee. Referred to Special Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Committee on Budget by order of the President in Starr, C., Walker; excused -- Burdick; attending agreement with the President Pro Tempore. legislative business -- Ferrioli, Minnis, Westlund, Winters. Colors were posted and the Senate pledged HB 3539 -- Report by Committee on Judiciary allegiance to the flag. Invocation by Pastor Gail recommending passage with amendments to the A- Schoepflin of Seventh Day Adventist Church, engrossed bill. Corvallis.

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SB 666 -- Senate refused to concur in House Winters. Colors were posted and the Senate pledged amendments by voice vote on motion of Beyer. allegiance to the flag. Invocation by Senator Frank Shields, Portland. HB 2661 -- Taken from its place on today’s third reading calendar and placed on August 22 calendar The following messages from the Governor were by voice vote on motion of Metsger. read and referred to the Committee on Rules.

SCR 9; SB 943 -- Read second time and passed to August 21, 2003 third reading. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY SB 469 A-Eng. -- Read third time. Carried by Starr, B. On passage of bill the vote was: Ayes, 22; ORS 342.930 provides that the Governor shall appoint the members of the Fair Dismissal Appeals Board subject to nays, 2 – Schrader, Shields; excused, 1 – Burdick; Senate confirmation, in the manner provided by ORS attending legislative business, 5 – Carter, Ferrioli, 171.562 and ORS 171.565. Minnis, Westlund, Winters. Bill passed. I reappoint Frank Brawner of Neskowin to the Fair Dismissal Appeals Board for a four-year term, as provided HB 3183, 3630 -- Read second time and passed to by statute, beginning July 1, 2003, and ending June 30, third reading. 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. HB 2283 -- Bill read. Carried by Fisher. Call of the Senate demanded by Fisher joined by Beyer and Sincerely, Brown. All members present except Burdick excused; Ted Kulongoski Ferrioli, Minnis, Westlund, Winters, attending Governor legislative business. On passage of bill the vote was: August 21, 2003 Ayes, 22; nays, 3 – Ringo, Shields, Walker; excused, 1 TO THE HONORABLE PRESIDENT OF THE SENATE – Burdick; attending legislative business, 4 – Ferrioli, Minnis, Westlund, Winters. Bill passed. OF THE 72nd LEGISLATIVE ASSEMBLY ORS 660.110 provides that the Governor shall appoint the HB 2577 B-Eng. -- Read third time. Carried by members of the State Apprenticeship and Training Council subject to Senate confirmation, in the manner provided by Nelson. On passage of bill the vote was: Ayes, 24; ORS 171.562 and ORS 171.565. excused, 1 – Burdick; attending legislative business, 5 – Ferrioli, Minnis, Schrader, Westlund, Winters. Bill I appoint Kenneth Fry of Portland to the State Apprenticeship and Training Council for a four-year term, passed. as provided by statute, beginning September 1, 2003, and ending August 31, 2007, effective upon Senate confirmation. The following measures were referred to This appointment is submitted for your consideration. committee on August 20 and recorded on Committee Referral List No. 84 which was distributed to Sincerely, members. Referral list recorded in the Journal and Ted Kulongoski Status Report by order of the President. Governor

SB 946 Judiciary August 21, 2003 SB 947 Budget HB 2267 Revenue TO THE HONORABLE PRESIDENT OF THE SENATE HB 3666 Rules OF THE 72nd LEGISLATIVE ASSEMBLY ORS 660.110 provides that the Governor shall appoint the members of the State Apprenticeship and Training Council Board of Commissioners of the Port of Portland (ORS subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. 778.215) I appoint John Howard of LaGrande to the State Apprenticeship and Training Council for a four-year term, Judith Johansen Rules as provided by statute, beginning September 1, 2003, and Mary Olson (r) Rules ending August 31, 2007, effective upon Senate confirmation. This appointment is submitted for your consideration. Senate adjourned until 10:45 a.m. Friday by unanimous consent at the request of the Chair. Sincerely, Ted Kulongoski Governor Friday, August 22, 2003 -- Morning Session August 21, 2003 Senate convened at 10:45 a.m. President TO THE HONORABLE PRESIDENT OF THE SENATE Courtney in Chair. The following members were present: Atkinson, Beyer, Brown, Burdick, Carter, OF THE 72nd LEGISLATIVE ASSEMBLY Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, ORS 660.110 provides that the Governor shall appoint the George, Gordly, Hannon, Harper, Messerle, Metsger, members of the State Apprenticeship and Training Council Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, subject to Senate confirmation, in the manner provided by Shields, Starr, B., Starr, C., Walker, Westlund, ORS 171.562 and ORS 171.565. SENATE JOURNAL SJ-225

I reappoint Kathryn Mattimore of Portland to the State HB 3264 -- Report by Committee on Rules Apprenticeship and Training Council for a four-year term, as provided by statute, beginning August 20, 2003, and recommending passage with amendments to the A- ending August 19, 2007, effective upon Senate confirmation. engrossed bill. This appointment is submitted for your consideration. Committee Report Summary No. 177 listing the Sincerely, following reports was distributed to members August Ted Kulongoski 21. Summary list recorded in Journal and Status Governor Report by order of the President.

August 21, 2003 SB 938 -- Report by Committee on Rules recommending passage with amendments. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HB 3442 -- Report by Committee on Rules ORS 342.930 provides that the Governor shall appoint the recommending passage with amendments to the B- members of the Fair Dismissal Appeals Board subject to engrossed bill. Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. Committee Report Summary No. 178 listing the I reappoint Mark Davalos of Salem to the Fair Dismissal following reports was distributed to members today. Appeals Board for a four-year term, as provided by statute, beginning July 1, 2003, and ending June 30, 2007, effective Summary list recorded in Journal and Status Report upon Senate confirmation. by order of the President. This appointment is submitted for your consideration. SB 946 -- Report by Committee on Judiciary Sincerely, recommending passage. Ted Kulongoski Governor HB 2011 -- Report by Committee on Budget recommending passage with amendments to the B- August 21, 2003 engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE HB 2267 -- Report by Committee on Revenue OF THE 72nd LEGISLATIVE ASSEMBLY recommending passage with amendments to the A- ORS 342.930 provides that the Governor shall appoint the engrossed bill. members of the Fair Dismissal Appeals Board subject to Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. HB 3582 -- Report by Committee on Revenue recommending passage. I reappoint Paul Duchin of Eugene to the Fair Dismissal Appeals Board for a four-year term, as provided by statute, beginning July 1, 2003, and ending June 30, 2007, effective HB 3597 -- Report by Committee on Rules upon Senate confirmation. recommending passage of the B-engrossed bill. This appointment is submitted for your consideration. HB 3638 -- Report by Committee on Rules Sincerely, recommending passage of the A-engrossed bill. Ted Kulongoski Governor HB 3653 -- Report by Committee on Rules recommending passage with amendments to the A- August 21, 2003 engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE OF THE 72nd LEGISLATIVE ASSEMBLY HB 3666 -- Report by Committee on Rules recommending passage with amendments. ORS 342.930 provides that the Governor shall appoint the members of the Fair Dismissal Appeals Board subject to Senate confirmation, in the manner provided by ORS Report by Committee on Rules recommending 171.562 and ORS 171.565. that the Governor’s appointments of Sara Medlock (r), I reappoint Patrick Neill of Eugene to the Fair Dismissal Bruce Soihr and Lowell Arno to the Electrical and Appeals Board for a four-year term, as provided by statute, Elevator Board be confirmed en bloc. beginning July 1, 2003, and ending June 30, 2007, effective upon Senate confirmation. Report by Committee on Rules recommending This appointment is submitted for your consideration. that the Governor’s appointment of Anastasia Meisner to the Oregon Board of Accountancy be Sincerely, confirmed. Ted Kulongoski Governor Report by Committee on Rules recommending that the Governor’s appointment of Terry Bernhardt Committee Report Summary No. 176 listing the to the Appraiser Certification and Licensure Board be following reports was distributed to members August confirmed. 21. Summary list recorded in Journal and Status Report by order of the President.

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Report by Committee on Rules recommending reconsideration, the Senate has refused to concur in that the Governor’s appointment of Stan Robson to the House amendments, conferees may be appointed. the Oregon State Lottery Commission be confirmed. Senate proceeded to the order of Third Reading Report by Committee on Rules recommending of Senate Measures by unanimous consent at the that the Governor’s appointments of Gregory Garcia request of the Chair. (r), Rick Marinelli and Michael Reed (r) to the Board of Naturopathic Examiners be confirmed en bloc. SCR 9 -- Read final time. Carried by Winters. On adoption of resolution, the vote was: Ayes, 30. Report by Committee on Rules recommending Resolution adopted. that the Governor’s appointment of George Gerding to the Board of Examiners of Nursing Home Senate resumed under the general order of Administrators be confirmed. business by unanimous consent at the request of the Chair. Report by Committee on Rules recommending that the Governor’s appointments of Ray Baum and SB 946 -- Read second time and passed to third John Savage to the Public Utility Commission be reading. confirmed en bloc. HB 3669 -- Message from the House announcing Report by Committee on Rules recommending passage. that the Governor’s appointment of Cliff Johannsen to the Psychiatric Security Review Board be confirmed. HB 3669 -- Read first time and referred to President’s desk. Report by Committee on Rules recommending that the Governor’s appointments of James Peterson, HB 2825, 3264, 3442, 3539, 3582, 3597, 3638 -- Benson Schaeffer, Terrel Templeman and Maryann Read second time and passed to third reading. Yelnosky to the State Board of Psychologist Examiners be confirmed en bloc. SB 5509, 5523, 5553; 500, 501, 920, 931, 934; HB 3510, 3656, 3668 -- Message from the House Report by Committee on Rules recommending announcing passage. that the Governor’s appointments of Patrick Edvalson, Jesse Lohrke and Caspar Sharples (r) to the Oregon Student Assistance Commission be SB 5530; 550, 910 -- Message from the House confirmed en bloc. announcing passage as amended by the House.

Report by Committee on Rules recommending HB 2759 -- Message from the House announcing that the Governor’s appointment of Deborah Kane to concurrence in Senate amendments. the Sustainability Board be confirmed. SB 666 -- Minnis, Dukes appointed Senate Report by Committee on Rules recommending conferees. that the Governor’s appointment of Bob Williams to the Tri-Met Board be confirmed. President Courtney announced the following committee assignments. Report by Committee on Rules recommending that the Governor’s appointment of Carter Kerns to the State Fish and Wildlife Commission be confirmed. Oregon Commemorative Coin Commission Senator Dukes SB 5 -- Deckert moved that the Senate concur in Senator Starr, C. House amendments and repass bill. Call of the Senate Senate recessed until 2:30 p.m. by unanimous demanded by Deckert joined by Minnis and Brown. consent at the request of the Chair. All members present. Motion failed; the vote was: Ayes, 11; nays, 19─Atkinson, Beyer, Brown, Burdick, Corcoran, Deckert, Dukes, Ferrioli, Fisher, George, Friday, August 22, 2003 -- Afternoon Session Gordly, Hannon, Harper, Messerle, Metsger, Morrisette, Ringo, Schrader, President Courtney. Deckert granted unanimous consent to change from Senate reconvened at 2:30 p.m. President aye to nay and served notice of possible Courtney in Chair. All present except Winters, reconsideration. attending legislative business.

SB 5 -- Parliamentary inquiry by Metsger asking SB 5502, 5513, 5522, 5527, 5547, 5551; 232, 342, for clarification of the timelines associated with the 751, 800, 820, 867, 932 -- Message from the Governor motion to reconsider and the appointment of announcing he signed on August 22. conferees. The chair responded that in accordance with SR 10.01(4), the Senate may reconsider the vote HB 2152 -- Message from the House announcing today or tomorrow. If after the vote on the Speaker signed in August 21. SENATE JOURNAL SJ-227

Senate, having recessed under the order of HB 2825 -- Under rules suspension, read third Propositions and Motions, reverted to the order of time. Carried by Brown. On passage of bill the vote First Reading of House Measures by unanimous was: Ayes, 23; nays, 7--Atkinson, Burdick, Corcoran, consent at the request of the Chair. Ferrioli, Fisher, George, Shields. Bill passed.

HB 3510, 3656, 3668 -- Read first time and HB 3264 B-Eng. -- Under rules suspension, read referred to President’s desk. third time. Carried by Beyer. On passage of bill the vote was: Ayes, 20; nays, 10--Brown, Burdick, Carter, Senate reverted to the order of Propositions and Deckert, Devlin, Gordly, Morrisette, Ringo, Shields, Motions by unanimous consent at the request of the Walker. Bill passed. Chair. HB 3442 C-Eng. -- Under rules suspension, read HB 2661 B-Eng.* -- Metsger moved that the third time. Carried by Atkinson. On passage of bill Senate adopt the Conference Committee report and the vote was: Ayes, 28; nays, 2--Gordly, Schrader. Bill repass the bill. Call of the Senate demanded by passed. Metsger joined by Nelson and Starr, C. All members present. Motion carried. The vote was: Ayes, 16; nays, HB 3539 B-Eng. -- Under rules suspension, read 14 – Brown, Burdick, Corcoran, Devlin, Dukes, third time. Carried by Starr, C. On passage of bill the Gordly, Hannon, Minnis, Morrisette, Ringo, Schrader, vote was: Ayes, 30. Bill passed. Shields, Walker, President Courtney. Bill repassed. Senate recessed until 4:00 p.m. by unanimous Senate reverted to the order of Third Reading of consent at the request of the Chair. Senate Measures by unanimous consent at the request of the Chair. Senate reconvened at 4:00 p.m. President Courtney in Chair. All present except Shields, SB 943 A-Eng. -- Read third time. Carried by attending legislative business. Atkinson. On passage of bill the vote was: Ayes, 28; nays, 1 – Hannon; attending legislative business, 1 – SB 550, 946; HB 2011, 2267, 3582, 3597, 3638, Burdick. Bill passed. 3653, 3666 -- Rules suspended by unanimous consent in order that the Senate may take final action on SB 938 -- Rules suspended by unanimous Supplemental Agenda No. 1 on motion of Westlund. consent in order that the Senate may take action on second and third reading immediately on motion of SB 550 B-Eng. – Under rules suspension, Fisher. Deckert moved that the Senate concur in House amendments and repass bill. On concurrence and SB 938 -- Under rules suspension, read second repassage the vote was: Ayes, 29; attending time and passed to third reading. legislative business, 1 – Shields. Bill repassed.

SB 938 A-Eng. -- Under rules suspension, read Senate reverted to Third Reading of Senate third time. Carried by Fisher. On passage of bill the Measures by unanimous consent at the request of the vote was: Ayes, 25; nays, 3 – Gordly, Schrader, Chair. Shields; attending legislative business, 2 – Burdick, Corcoran. Bill passed. (Hannon in Chair) SB 946 -- Under rules suspension, read third time. Carried by Westlund. On passage of bill the Senate resumed under the general order of vote was: Ayes, 27; attending legislative business, 3 – business by unanimous consent at the request of the Brown, Burdick, Shields. Bill passed. Chair. Senate reverted to Second Reading of House HB 3183 -- Read third time. Carried by Deckert. Measures by unanimous consent at the request of the Rereferred to Committee on Revenue by voice vote on Chair. motion of Deckert. HB 2267, 3653, 3666 -- Under rules suspension, HB 3630 B-Eng. -- Read third time. Carried by read second time and passed to third reading. Minnis. Call of the Senate demanded by Minnis joined by Ferrioli and Winters. All members present. Senate reverted to Third Reading of House On passage of bill the vote was: Ayes, 24; nays, 6 – Measures by unanimous consent at the request of the Beyer, Fisher, George, Morse, Schrader, Shields. Bill Chair. passed HB 2011 C-Eng. -- Under rules suspension, read HB 2825, 3264, 3442, 3539 -- Rules suspended by third time. Carried by Schrader. On passage of bill unanimous consent in order that the Senate may take the vote was: Ayes, 25; attending legislative business, action on third reading immediately on motion of 5--Atkinson, Beyer, Brown, Burdick, Fisher. Bill Brown. passed

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HB 2267 B-Eng. -- Under rules suspension, read HB 2148 -- Report by Special Committee on third time. Carried by Metsger. Call of the Senate Budget recommending passage with amendments to demanded by Metsger joined by Starr, B. and Shields. the A-engrossed bill. (Amendments distributed All present. On passage of bill the vote was: Ayes, 23; August 22) nays, 7--Dukes, Ferrioli, Fisher, George, Harper, Schrader, Starr, C. Bill passed. Committee Report Summary No. 180 listing the following reports was distributed to members today. HB 3582 A-Eng. -- Under rules suspension, read Summary list recorded in Journal and Status Report third time. Carried by Starr, B. On passage of bill the by order of the President. vote was: Ayes, 27; nays, 2--Gordly, Hannon; attending legislative business, 1—Atkinson. Bill HB 3656 -- Report by Special Committee on passed. Budget without recommendation as to passage and be returned to President’s desk for referral to another HB 3597 B-Eng. -- Under rules suspension, read committee. Referred to Revenue by order of the third time. Carried by Beyer. Parliamentary inquiry President in agreement with the President Pro by Ferrioli questioning the germaneness of the Tempore. amendments to the bill. Senate at ease. Senate reassembled. The Chair ruled that the amendments Committee Report Summary No. 181 listing the are germane and the bill is properly before the following reports was distributed to members today. Senate. On passage of bill the vote was: Ayes, 18; Summary list recorded in Journal and Status Report nays, 8—Devlin, Ferrioli, Gordly, Hannon, by order of the President. Morrisette, Shields, Walker, Winters; attending legislative business, 4—Atkinson, Burdick, Carter, SB 360 -- Report by Committee on Ways and Corcoran. Bill passed. Means recommending passage with amendments. (Amendments distributed August 22) HB 3638 B-Eng. -- Under rules suspension, read third time. Carried by Brown. On passage of bill the SB 875 -- Report by Committee on Ways and vote was: Ayes, 22; nays, 3--Gordly, Ringo, Schrader; Means recommending passage with amendments to attending legislative business, 5--Atkinson, Burdick, the B-engrossed bill. (Amendments distributed Carter, Corcoran, Fisher. Bill passed. August 22)

Senate recessed until 7:00 p.m. by unanimous SB 904 -- Report by Committee on Ways and consent at the request of the Chair. Senate Means recommending passage with amendments to reconvened at 7:00 p.m. President Courtney in Chair. the B-engrossed bill. All present. HB 3624 -- Report by Committee on Ways and Senate, having recessed under the order of Third Means recommending passage with amendments to Reading of House Measures, resumed under the the B-engrossed bill. general order of business by unanimous consent at the request of the Chair. Committee Report Summary No. 182 listing the following reports was distributed to members today. HB 3653 B-Eng. -- Under rules suspension, read Summary list recorded in Journal and Status Report third time. Carried by Brown. On passage of bill the by order of the President. vote was: Ayes, 26; nays, 4 – Corcoran, Deckert, Gordly, Hannon. Bill passed. HB 3159 -- Report by Special Committee on Budget recommending passage with amendments to HB 3666 A-Eng. -- Under rules suspension, read the A-engrossed bill. (Amendments distributed third time. Carried by Brown. On passage of bill the August 22) vote was: Ayes, 27; nays, 3 – Deckert, Gordly, Metsger. Bill passed. Senate reverted to the order of Propositions and Motions by unanimous consent at the request of the Senate reverted to the order of Reports from Chair. Standing Committees by unanimous consent at the request of the Chair. SB 360, 875, 904, 910, 947; HB 2148, 3624 -- Rules suspended by unanimous consent in order that Committee Report Summary No. 179 listing the the Senate may take final action on Supplemental following reports was distributed to members today. Agenda No. 2 on motion of Minnis. Summary list recorded in Journal and Status Report by order of the President. SB 910 A-Eng. -- Under rules suspension. Minnis moved that the Senate concur in House amendments SB 947 -- Report by Special Committee on and repass bill. On concurrence and repassage the Budget recommending passage with amendments. vote was: Ayes, 29; absent, 1 – Burdick. Bill repassed. (Amendments distributed August 22) SENATE JOURNAL SJ-229

Senate reverted to the order of Second Reading Senate adjourned until 2:00 p.m. Saturday by of Senate Measures by unanimous consent at the unanimous consent at the request of the Chair. request of the Chair.

SB 360, 875, 904, 947 -- Under rules suspension, Saturday, August 23, 2003 -- Afternoon Session read second time and passed to third reading. Senate convened at 2:00 p.m. President Courtney Senate reverted to the order of Second Reading in Chair. The following members were present: of House Measures by unanimous consent at the Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, request of the Chair. Deckert, Devlin, Dukes, Ferrioli, George, Gordly, Hannon, Harper, Messerle, Metsger, Minnis, HB 2148, 3624 -- Under rules suspension, read Morrisette, Morse, Nelson, Ringo, Schrader, Shields, second time and passed to third reading. Starr, B., Starr, C., Walker, Westlund, Winters; excused -- Fisher. Colors were posted and the Senate Senate reverted to the order of Third Reading of pledged allegiance to the flag. Invocation by Senator Senate Measures by unanimous consent at the Jackie Winters, Salem. (Hannon in Chair) request of the Chair. SB 302; HB 2300, 2511 -- Message from the SB 360 A-Eng. -- Under rules suspension, read House announcing passage. third time. Carried by Gordly. On passage of bill the vote was: Ayes, 29; excused, 1 – Carter. Bill passed. SB 939 -- Message from the House announcing passage as amended by the House. SB 875 B-Eng. -- Under rules suspension, read third time. Carried by Winters. On passage of bill HB 5030, 5067; 3446 -- Message from the House the vote was: Ayes, 30. Bill passed. Carter, excused announcing concurrence in Senate amendments and when roll called, granted unanimous consent to vote repassage. aye. HB 3654 -- Message from the House announcing SB 904 B-Eng. -- Under rules suspension, read Speaker signed on August 23. third time. Carried by Schrader. On passage of bill the vote was: Ayes, 29; excused, 1 – Carter. Bill Senate proceeded to the order of First Reading of passed. House Measures by unanimous consent at the request of the Chair. SB 947 A-Eng. -- Under rules suspension, read third time. Carried by Morse. On passage of bill the HB 2300, 2511 -- Read first time and referred to vote was: Ayes, 29; nays, 1 – Corcoran. Bill passed. President’s desk.

Senate reverted to the order of Third Reading of Committee Report Summary No. 184 listing the House Measures by unanimous consent at the request following reports was distributed to members today. of the Chair. Summary list recorded in Journal and Status Report by order of the President. HB 3624 C-Eng. -- Under rules suspension, read third time. Carried by Winters. On passage of bill SJM 7 -- Report by Committee on Rules the vote was: Ayes, 30. Bill passed. recommending adoption.

Senate reverted to the order of Reports from SJR 34 -- Report by Committee on Budget Standing Committees by unanimous consent at the recommending adoption with amendments. request of the Chair. HB 3668 -- Report by Committee on Rules Committee Report Summary No. 183 listing the recommending passage with amendments to the A- following reports was distributed to members today. engrossed bill. Summary list recorded in Journal and Status Report by order of the President. HB 3669 -- Report by Committee on Rules recommending passage with amendments. HB 3656 -- Report by Committee on Revenue recommending passage of the A-engrossed bill. Committee Report Summary No. 185 listing the following reports was distributed to members today. Senate reverted to the order of Second Reading Summary list recorded in Journal and Status Report of House Measures by unanimous consent at the by order of the President. request of the Chair. HB 5077 -- Report by Special Committee on HB 3159, 3656 -- Under rules suspension, read Budget recommending passage with amendments to second time and passed to third reading. the A-engrossed bill.

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SB 5 -- The Chair announced Senator Deckert has given notification that he does not intend to make Oregon Student Assistance Commission the motion to reconsider the vote whereby the Senate Patrick Edvalson failed to concur in the House amendments. The Chair Jesse Lohrke stated that in accordance with SR 11.01(6), “if the Caspar Sharples (r) motion to concur and repass is defeated, the President shall appoint a conference committee”. Deckert and Starr, B. appointed as Senate conferees. Sustainability Board Rules suspended by unanimous consent in order Deborah Kane that the Senate may take en bloc action on the confirmation of the following appointments on motion of Burdick. Tri-Met Board Bob Williams (r)

Oregon Board of Accountancy Public Utility Commission Anastasia Meisner Ray Baum John Savage Appraiser Certification and Licensure Board Under rules suspension, Burdick moved that the Terry Bernhardt (r) Senate confirm en bloc the Governor’s appointments as listed in the motion to suspend the rules. On confirmation the vote was: Ayes, 24; absent, 2 – Electrical and Elevator Board Carter, George; excused, 2 – Fisher, Metsger; attending legislative business, 2 – Schrader, Starr, B. Lowell Arno Confirmed en bloc. Sara Medlock (r) Bruce Soihr SJM 7; SJR 34 -- Read second time and passed to third reading. State Fish and Wildlife Commission HB 5077; 3668, 3669 -- Under rules suspension, Carter Kerns read second time and passed to third reading.

HB 2148 -- Read third time. Carried by Oregon State Lottery Commission Schrader. Rereferred to Special Committee on Budget by unanimous consent on motion of Schrader. Stan Robson (Hannon in Chair)

Board of Naturopathic Examiners Senate at ease. Senate reassembled. (President Courtney in Chair) Gregory Garcia (r) Rick Marinelli HB 3159 B-Eng. -- Read third time. Carried by Michael Reed (r) Schrader. Call of the Senate demanded by Schrader joined by Shields and Walker. All members subject to the Call present. On passage of bill the vote was: Board of Examiners of Nursing Home Administrators Ayes, 18; nays, 9 – Atkinson, Corcoran, Dukes, Minnis, Shields, Starr, B., Starr, C., Walker, George Gerding Westlund; absent, 1 – George; excused, 2 – Fisher, Metsger. Bill passed.

Psychiatric Security Review Board HB 3656 A-Eng. -- Read third time. Carried by Cliff Johannsen (r) Hannon. Call of the Senate demanded by Hannon joined by Nelson and Walker. All members subject to the Call present. On passage of bill the vote was: State Board of Psychologist Examiners Ayes, 22; nays, 4 – Atkinson, Minnis, Starr, B., Winters; absent, 1 – George; excused, 3 – Beyer, James Peterson Fisher, Metsger. Bill passed. Benson Schaeffer Terrel Templeman Senate recessed until 8:00 p.m. by unanimous Maryann Yelnosky consent at the request of the Chair. SENATE JOURNAL SJ-231

Saturday, August 23, 2003 -- Evening Session HB 2300 -- Report by Committee on Rules recommending passage with amendments to the B- engrossed bill to resolve conflicts. (Amendments Senate reconvened at 8:00 p.m. President distributed August 23) Courtney in Chair. All present except George, absent; Fisher, Winters, excused. HB 3426 -- Report by Committee on Judiciary recommending passage with amendments and HB 2011, 2267, 2825, 3264, 3442, 3539, 3624, requesting referral to Committee on Ways and 3630, 3653, 3666 -- Message from the House Means. Referred to Committee on Ways and Means announcing concurrence in Senate amendments and by order of the President in agreement with the repassage. President Pro Tempore.

SB 297 -- Message from the House announcing Committee Report Summary No. 188 listing the Barker removed and Macpherson appointed House following reports was distributed to members today. conferee. Summary list recorded in Journal and Status Report by order of the President. SB 5 -- Message from the House announcing Doyle, Backlund, Schaufler appointed House SB 5 -- Report by Conference Committee, signed conferees. by Senators Deckert, Starr, B. and Representatives Doyle, Backlund, Schaufler, recommending that the Senate, having recessed under the order of Senate concur in House amendments dated August 12 Announcements, reverted to the order of Reports from and that the bill be further amended and repassed. Standing Committees by unanimous consent at the (Amendments distributed August 23) request of the Chair. Senate reverted to the order of Propositions and Committee Report Summary No. 186 listing the Motions by unanimous consent at the request of the following reports was distributed to members today. Chair. Summary list recorded in Journal and Status Report by order of the President. Senate at ease. Senate reassembled.

SB 937 -- Report by Committee on Judiciary SB 5530 B-Eng. -- Schrader moved that the recommending passage with amendments. Senate concur in House amendments and repass bill. (Amendments distributed August 23) On concurrence and repassage the vote was: Ayes, 26; nays, 1─Beyer; absent, 1─George; excused, 2─Fisher, HB 2237 -- Report by Committee on Judiciary Winters. recommending passage with amendments to the A- engrossed bill. (Amendments distributed August 23) SB 5 -- Rules suspended by unanimous consent in order to take final action immediately on motion of HB 2899 -- Report by Committee on Rules Deckert. recommending passage with amendments to the A- engrossed bill. SB 5 -- Under rules suspension, Deckert moved that the Senate adopt the Conference Committee Committee Report Summary No. 187 listing the report and repass the bill. Call of the Senate following reports was distributed to members today. demanded by Deckert joined by Nelson and Minnis. Summary list recorded in Journal and Status Report All members subject to the Call present. Motion by order of the President. carried. The vote was: Ayes, 16; nays, 11 – Beyer, Corcoran, Dukes, Ferrioli, Hannon, Harper, Messerle, SJM 4 -- Report by Committee on Rules Morrisette, Ringo, Schrader, President Courtney; recommending adoption with amendments. absent, 1 – George; excused, 2 – Fisher, Winters. Bill (Amendments distributed August 23) repassed.

SB 928 -- Report by Committee on Rules Senate reverted to the order of Second Reading recommending passage with amendments and of Senate Measures by unanimous consent at the requesting subsequent referral to Committee on Ways request of the Chair. and Means be rescinded. Subsequent referral rescinded by order of the President in agreement with SJM 4; SB 928, 937 -- Under rules suspension, the President Pro Tempore. (Amendments distributed read second time and passed to third reading. August 23) Senate reverted to the order of Second Reading HB 2148 -- Report by Special Committee on of House Measures by unanimous consent at the Budget recommending passage with amendments to request of the Chair. the B-engrossed bill. (Amendments distributed August 23) HB 2237, 2300, 2899 -- Under rules suspension, read second time and passed to third reading.

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Senate reverted to the order of Third Reading of excused, 1 – Starr C.; attending legislative business, 3 House Measures by unanimous consent at the request – Deckert, Devlin, Starr, B. Memorial adopted. of the Chair. SJR 34 -- Moved to the foot of today’s third HB 2148 -- Under rules suspension, bill read. reading calendar by unanimous consent at the Carried by Schrader. On passage of bill the vote was: request of the Chair. Ayes, 16; nays, 11─Atkinson, Beyer, Corcoran, Dukes, Ferrioli, Gordly, Hannon, Harper, Metsger, Minnis, SB 928 A-Eng. -- Read third time. Carried by Starr, B.; absent, 1─George; excused, 2─Fisher, Ferrioli. Call of the Senate demanded by Ferrioli Winters. joined by George and Atkinson. All members subject to the Call present except Starr, C., excused. On Senate adjourned until 10:45 a.m. Monday by passage of bill the vote was: Ayes, 25; nays, 4 – Beyer, unanimous consent at the request of the Chair. Devlin, George, Hannon; excused, 1 – Starr, C. Bill passed.

Monday, August 25, 2003 -- Morning Session SB 937 A-Eng. -- Read third time. Carried by Ferrioli. On passage of bill the vote was: Ayes, 28; Senate convened at 10:45 a.m. President absent, 1 – Westlund; excused, 1 – Starr, C. Bill Courtney in Chair. The following members were passed. present: Atkinson, Beyer, Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, HB 2725, 3544 -- Under rules suspension, read George, Gordly, Hannon, Harper, Messerle, Metsger, second time and passed to third reading. Minnis, Morrisette, Morse, Nelson, Ringo, Schrader, Shields, Starr, B., Starr, C., Walker, Westlund, HB 5077 B-Eng. -- Read third time. Carried by Winters. Colors were posted and the Senate pledged Schrader. Call of the Senate demanded by Schrader allegiance to the flag. Invocation by Senator Bill joined by Ferrioli and Gordly. All present except Fisher, Roseburg. Starr, C., excused. On passage of bill the vote was: Ayes, 19; nays, 10 – Atkinson, Beyer, Corcoran, Committee Report Summary No. 189 listing the Ferrioli, Fisher, George, Harper, Messerle, Minnis, following reports was distributed to members today. Starr, B.; excused, 1 – Starr, C. Bill passed. Summary list recorded in Journal and Status Report by order of the President. Senate recessed until 1:15 p.m. by unanimous consent at the request of the Chair. HB 3093 B-Eng.* -- Report by Conference Committee, signed by Senators Minnis, Ringo and Representatives Doyle, Flores, Schaufler, Monday, August 25, 2003 -- Afternoon Session recommending the House concur in Senate amendments dated June 11 and that the bill be Senate reconvened at 1:15 p.m. President further amended and repassed. Courtney in Chair. All members present except Starr, C., excused. HB 2725 -- Report by Committee on Judiciary recommending passage with amendments to the A- The following messages from the Governor were engrossed bill. read and referred to the Committee on Rules. HB 3544 -- Report by Committee on Judiciary recommending passage with amendments to the A- August 25, 2003 engrossed bill. TO THE HONORABLE PRESIDENT OF THE SENATE SB 939 B-Eng. -- Brown moved that the Senate OF THE 72nd LEGISLATIVE ASSEMBLY concur in House amendments and repass bill. On ORS 285A.040 provides that the Governor shall appoint the concurrence and repassage the vote was: Ayes, 21; members of the Oregon Economic and Community excused, 1 – Starr, C.; attending legislative business, Development Commission subject to Senate confirmation, 8 – Carter, George, Gordly, Harper, Messerle, Morse, in the manner provided by ORS 171.562 and ORS 171.565. Schrader, Winters. Bill repassed. I appoint Pamela Hulse Andrews of Bend to the Oregon Economic and Community Development Commission for an SJM 4 A-Eng. -- Read final time. Carried by unexpired four-year term, as provided by statute, beginning Atkinson. On adoption of memorial, the vote was: September 1, 2003, and ending June 30, 2005, effective Ayes, 26; excused, 1 – Starr C.; attending legislative upon Senate confirmation. business, 3 – Carter, Gordly, Schrader. Memorial This appointment is submitted for your consideration. adopted. Sincerely, Ted Kulongoski SJM 7 -- Read final time. Carried by Corcoran. Governor On adoption of memorial, the vote was: Ayes, 23; nays, 2 – Harper, Messerle; absent, 1 – Beyer; August 25, 2003 SENATE JOURNAL SJ-233

TO THE HONORABLE PRESIDENT OF THE SENATE different amendments to the A-engrossed resolution. OF THE 72nd LEGISLATIVE ASSEMBLY (Amendments distributed August 25) ORS 285A.040 provides that the Governor shall appoint the members of the Oregon Economic and Community HB 2511 -- Report by Committee on Ways and Development Commission subject to Senate confirmation, Means recommending passage with amendments to in the manner provided by ORS 171.562 and ORS 171.565. the B-engrossed bill to resolve conflicts. I appoint Walter Van Valkenburg of Portland to the Oregon Economic and Community Development Commission an Senate reverted to the order of Second Reading unexpired four-year term, as provided by statute, beginning of House Measures by unanimous consent at the September 1, 2003, and ending June 30, 2005, effective request of the Chair. upon Senate confirmation. This appointment is submitted for your consideration. HJR 42; HB 2511 -- Under rules suspension, read second time and passed to third reading. Sincerely, Ted Kulongoski Governor Senate reverted to the order of Third Reading of House Measures by unanimous consent at the request August 25, 2003 of the Chair. TO THE HONORABLE PRESIDENT OF THE SENATE Senate recessed until 8:00 p.m. by unanimous OF THE 72nd LEGISLATIVE ASSEMBLY consent at the request of the Chair. ORS 342.930 provides that the Governor shall appoint the members of the Fair Dismissal Appeals Board subject to Monday, August 25, 2003 -- Evening Session Senate confirmation, in the manner provided by ORS 171.562 and ORS 171.565. I appoint Peggy Penland of Medford to the Fair Dismissal Senate reconvened at 8:00 p.m. President Appeals Board for an unexpired four-year term, as provided Courtney in Chair. All members present except by statute, beginning September 1, 2003, and ending June Burdick, Dukes, Ferrioli, Messerle, Metsger, Ringo, 30, 2006, effective upon Senate confirmation. absent; Corcoran, Deckert, Minnis attending This appointment is submitted for your consideration. legislative business. Sincerely, Ted Kulongoski Call of the Senate demanded by Brown joined by Governor Devlin and Shields. All members present except Burdick, Dukes, Ferrioli, Messerle, Metsger, Ringo, August 25, 2003 absent; Corcoran, Deckert, Minnis attending legislative business. Pending arrival of members TO THE HONORABLE PRESIDENT OF THE SENATE subject to the Call, Senate at ease. Further OF THE 72nd LEGISLATIVE ASSEMBLY proceedings under the Call terminated at the request of the Chair. All present except Corcoran, Deckert, ORS 342.930 provides that the Governor shall appoint the Minnis attending legislative business. Senate members of the Fair Dismissal Appeals Board subject to Senate confirmation, in the manner provided by ORS reassembled. 171.562 and ORS 171.565. SB 943; HB 2666 -- Message from the House I appoint Karen Watters of Roseburg to the Fair Dismissal announcing passage. Appeals Board for a four-year term, as provided by statute, beginning September 1, 2003, and ending June 30, 2007, effective upon Senate confirmation. SB 231, 590, 772, 913, 916 -- Message from the House announcing passage as amended by the House. This appointment is submitted for your consideration. Sincerely, HB 2341, 3159 -- Message from the House Ted Kulongoski announcing concurrence in Senate amendments and Governor repassage. Senate, having recessed under the order of Third Reading of House Measures, reverted to the order of SB 5; HB 2368, 3093 -- Message from the House Reports from Standing Committees by unanimous announcing Conference Committee Report adopted consent at the request of the Chair. and bill repassed.

Committee Report Summary No. 190 listing the Senate, having recessed under the order of Third following reports was distributed to members today. Reading of House Measures, reverted to the order of Summary list recorded in Journal and Status Report Reports from Standing Committees by unanimous by order of the President. consent at the request of the Chair.

HJR 42 -- Committee report, signed by Brown, Committee Report Summary No. 191 listing the Co-Chair, recommending adoption with amendments following reports was distributed to members today. to the A-engrossed resolution. (Amendments Summary list recorded in Journal and Status Report distributed August 25) Minority Report, signed by by order of the President. Atkinson, Beyer, recommending adoption with

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HB 2368 C-Eng.* -- Report by Conference HB 2666 -- Read first time and referred to Committee, signed by Senators Brown and Minnis President’s desk. and Representatives Patridge, Verger, Close, recommending the House concur in Senate Senate reverted to the order of Second Reading amendments dated July 24 and that the bill be of Senate Measures by unanimous consent at the further amended and repassed. (Amendments request of the Chair. distributed August 25) SB 5554; 737 -- Under rules suspension, read SB 5554 -- Report by Committee on Ways and second time and passed to third reading. Means recommending passage with amendments. (Amendments distributed August 25) Senate reverted to the order of Second Reading of House Measures by unanimous consent at the HB 2278 -- Report by Committee on Judiciary request of the Chair. recommending passage with amendments to the B- engrossed bill. (Amendments distributed August 25) HB 2080, 2278, 2658 -- Under rules suspension, read second time and passed to third reading. HB 2658 -- Report by Committee on Judiciary recommending passage with amendments to the A- Senate resumed under the order of Third engrossed bill. (Amendments distributed August 25) Reading of House Measures by unanimous consent at the request of the Chair. Committee Report Summary No. 192 listing the following reports was distributed to members today. HB 2237 C-Eng. -- Read third time. Carried by Summary list recorded in Journal and Status Report Minnis. On passage of bill the vote was: Ayes, 26; by order of the President. nays, 3 – Hannon, Nelson, Schrader; attending legislative business, 1 – Deckert. Bill passed. SB 737 -- Report by Committee on Judiciary recommending passage. HB 2300 C-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 27; HB 2080 -- Report by Committee on Judiciary attending legislative business, 3 – Corcoran, Deckert, recommending passage of the A-Engrossed bill. Minnis. Bill passed.

Report by Committee on Rules recommending HB 3668 B-Eng. -- Read third time. Carried by that the Governor’s appointments of Pamela Hulse Atkinson. On passage of bill the vote was: Ayes, 26; Andrews (appearance waived) and Walter Van nays, 1 – Schrader; attending legislative business, 3 – Valkenburg (appearance waived) to the Oregon Corcoran, Deckert, Minnis. Bill passed. Economic and Community Development Commission be confirmed en bloc. HB 3669 A-Eng. -- Read third time. Carried by Brown. On passage of bill the vote was: Ayes, 27; Report by Committee on Rules recommending attending legislative business, 3 – Corcoran, Deckert, that the Governor’s appointments of Frank Brawner Minnis. Bill passed. (r) (appearance waived), Mark Davalos (r) (appearance waived), Paul Duchin (r) (appearance HB 2899 -- Read third time. Carried by Brown. waived), Patrick Neill (r) (appearance waived), Peggy Rereferred to Committee on Rules by voice vote on Penland (appearance waived), and Karen Watters motion of Brown. (appearance waived) to the Fair Dismissal Appeals Board be confirmed en bloc. Senate reverted to the order of Reports from Standing Committees by unanimous consent at the Report by Committee on Rules recommending request of the Chair. that the Governor’s appointments of James Dalton (appearance waived), Thomas Grimsley (appearance waived), Eva Kripalani (appearance waived), Michael Committee Report Summary No. 193 listing the Pittman (appearance waived), and Brenda Rocklin following reports was distributed to members today. (appearance waived) to the Public Employees Summary list recorded in Journal and Status Report Retirement Board be confirmed en bloc. by order of the President.

Report by Committee on Rules recommending SCR 6 -- Report by Committee on Rules that the Governor’s appointment of Mustafa recommending adoption with amendments. Kasubhai to the Workers’ Compensation Board be confirmed. SJR 12 -- Report by Committee on Rules recommending adoption with amendments. Senate reverted to the order of First Reading of House Measures by unanimous consent at the request Committee Report Summary No. 194 listing the of the Chair. following reports was distributed to members today. Summary list recorded in Journal and Status Report by order of the President. SENATE JOURNAL SJ-235

HB 2747 -- Report by Committee on Revenue and Representatives Knopp, Brown, Macpherson, recommending passage with amendments to the A- recommending the House concur in Senate engrossed bill. amendments dated July 2 and that the bill be further amended and repassed. HB 3183 -- Report by Committee on Revenue recommending passage with amendments to the A- HB 2498 -- Report by Committee on Judiciary engrossed bill. recommending passage with amendments to the B- engrossed bill. (Amendments distributed August 26) Senate reverted to the order of Second Reading of Senate Measures by unanimous consent at the HB 3023 -- Report by Committee on Rules request of the Chair. recommending passage with amendments to the A- engrossed bill. (Amendments distributed August 26) SCR 6; SJR 12 -- Under rules suspension, read second time and passed to third reading. Senate in recess until 9:25 a.m. by unanimous consent at the request of the Chair. Senate reverted to the order of Second Reading of House Measures by unanimous consent at the Senate reconvened at 9:25 a.m. President request of the Chair. Courtney in Chair. All members present except George, absent. HB 2747 -- Under rules suspension, read second time and passed to third reading. Senate, having recessed following the order of Reports from Special Committees and resumed under the general order of business by unanimous consent SJR 34 -- Carried over to August 26 calendar by unanimous consent at the request of the Chair. at the request of the Chair. HB 2747 -- Taken from its place on today’s Senate adjourned until 9:00 a.m. Tuesday by calendar and rereferred to Committee on Revenue by unanimous consent at the request of the Chair. voice vote on motion of Deckert.

Tuesday, August 26, 2003 -- Morning Session SB 231 -- Moved to the foot of today’s calendar by voice vote on motion of Deckert.

Senate convened at 9:00 a.m. President Courtney SB 772 C-Eng. -- Metsger moved that the Senate in Chair. The following members were present: concur in House amendments and repass bill. On Atkinson, Beyer, Fisher, Hannon, Harper, Metsger, concurrence and repassage the vote was: Ayes, 27; Morse, Shields, Starr, B., Starr, C., Westlund, nays, 2 – Carter, Dukes; absent, 1 – George. Bill Winters; absent -- Brown, Burdick, Carter, Corcoran, repassed. Deckert, Devlin, Dukes, Ferrioli, George, Gordly, Messerle, Minnis, Morrisette, Nelson, Ringo, Schrader Walker. SB 913 B-Eng. -- Brown moved that the Senate concur in House amendments and repass bill. On concurrence and repassage the vote was: Ayes, 28; Call of the Senate demanded by Westlund joined nays, 1 – Shields; absent, 1 – George. Bill repassed. by Winters and Messerle. All present except Brown, Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Ferrioli, George, Gordly, Messerle, Minnis, SB 916 A-Eng. -- Beyer moved that the Senate Morrisette, Nelson, Ringo, Schrader, Walker, absent. concur in House amendments and repass bill. On Pending arrival of members subject to the Call, concurrence and repassage the vote was: Ayes, 29; Senate at ease. Call terminated by implied consent. absent, 1 – George. Bill repassed. Westlund, granted All members present except George, absent. Colors unanimous consent to change his vote from nay to were posted and the Senate pledged allegiance to the aye. flag. Invocation by Senator Charles Starr, Hillsboro. HB 2368 C-Eng.* -- Conference Committee Committee Report Summary No. 195 listing the report adopted and bill repassed on motion of Minnis. following reports was distributed to members today. The vote was: Ayes, 27; nays, 2 – Devlin, Hannon; Summary list recorded in Journal and Status Report absent, 1 – George. Bill repassed. by order of the President. HB 3093 B-Eng.* -- Conference Committee SB 297 B-Eng.* -- Report by Conference report adopted and bill repassed on motion of Ringo. Committee, signed by Senators Minnis and Ringo and The vote was: Ayes, 24; nays, 5 – Atkinson, Gordly, Representatives Ackerman, Anderson, Williams, Hannon, Metsger, Walker; absent, 1 – George. Bill recommending the Senate concur in House repassed. amendments dated July 16 and that the bill be further amended and repassed. HJR 42 -- Schrader moved that the committee report be adopted. Atkinson moved that the minority HB 2020 B-Eng.* -- Report by Conference report be substituted for the committee report. Committee, signed by Senators Corcoran and Minnis Motion failed; the vote was: Ayes, 9; nays, 20 –

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Brown, Burdick, Carter, Corcoran, Deckert, Devlin, SJR 34 -- Schrader moved that bill be laid on the Dukes, Gordly, Hannon, Metsger, Morrisette, Morse, table. Motion carried by voice vote. Nelson, Ringo, Schrader, Shields, Walker, Westlund, Winters, President Courtney; absent, 1 – George. Senate in recess until 2:00 p.m. by unanimous consent at the request of the Chair. HJR 42 B-Eng. -- Resolution, as amended by committee report, read final time. Carried by Schrader. Parliamentary inquiry by Minnis Tuesday, August 26, 2003 -- Afternoon Session questioning the constitutionality of this resolution in reference to the legislative assembly calling itself into a special session. The Chair responded that the Senate reconvened at 2:00 p.m. President resolution is in compliance with the Constitution and Courtney in Chair. All present except Brown, properly before the Senate. Minnis appealed the Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, ruling of the chair. Call of the Senate demanded by Ferrioli, Fisher, George, Gordly, Messerle, Metsger, Brown joined by Devlin and Morrisette. All members Minnis, Morrisette, Morse, Ringo, Schrader, Shields, subject to the Call present. Minnis withdrew his Walker, Westlund, Winters, absent. appeal. On adoption of resolution, the vote was: Ayes, 21; nays, 8 – Atkinson, Beyer, Ferrioli, Fisher, Call of the Senate demanded by Harper joined by Harper, Messerle, Minnis, Nelson; absent, 1 – George. Starr, C. and Atkinson. All present except Brown, Resolution adopted. Burdick, Carter, Corcoran, Deckert, Devlin, Dukes, Ferrioli, Fisher, George, Gordly, Messerle, Metsger, Rules suspended by unanimous consent in order Minnis, Morrisette, Morse, Ringo, Schrader, Shields, that the Senate may take en bloc action on the Walker, Westlund, Winters, absent. Pending arrival confirmation of the following appointments on motion of members subject to the call, Senate at ease. of Atkinson. Further proceedings under the Call terminated by implied consent. All present except Fisher, attending legislative business. Senate reassembled. Oregon Economic & Community Development Commission SB 5501 -- Message from the Governor that bill became law without his signature on August 26. Pamela Hulse Andrews Walter Van Valkenburg August 26, 2003

Fair Dismissal Appeals Board The Honorable Peter Courtney President of the Senate Frank Brawner (r) 900 Court Street NE – 203 Mark Davalos (r) Salem, OR 97301 Paul Duchin (r) Dear President Courtney: Patrick Neill (r) Peggy Penland I am returning Enrolled Senate Bill 5501 unsigned, but not Karen Watters disapproved, because of the failure of the Legislative Assembly to adequately fund the Pesticide User Reporting System (PURS). Public Employees Retirement Board The PURS program is important to the public health of the people of the Oregon and to the health or our environment. James Dalton Oregonians are entitled to know about pesticides that may Thomas Grimsley be in use in their neighborhoods and environs. Both my Eva Kripalani Recommended Budget and my Balanced Budget contained Michael Pittman full funding for PURS. However, Senate Bill 5501 Brenda Rocklin eliminates six of the seven authorized PURS positions. This level of funding is not sufficient to carry on a meaningful PURS program. At best, a skeletal program will be maintained through the 2003-05 biennium in the Under rules suspension, Atkinson moved that hope that general fund dollars can be restored in the 2005- the Senate confirm en bloc the Governor’s 07 biennium. In the meantime, the Department of appointments as listed in the motion to suspend the Agriculture will be required to adopt administrative rules rules. On confirmation the vote was: Ayes, 27; that waive the statutory requirements for landowners to absent, 1 – George; attending legislative business, 2 – report their pesticide use. This is not in the best interests Carter, Starr, B. Confirmed en bloc. of Oregonians. I am disappointed that the Assembly did not reach an Brown moved that the governor’s appointment of agreement regarding pesticide reporting requirements and Mustafa Kasubhai to the Workers’ Compensation an adequate appropriation. I encourage the relevant Board be confirmed. On confirmation the vote was: stakeholders to work during the interim towards a solution Ayes, 21; nays, 5 – Atkinson, Beyer, Harper, Minnis, that implements PURS and that restores full funding to the Starr, C.; absent, 2 – George, Winters; attending program in the 2005-07 biennium. My staff is ready to legislative business, 2 – Carter, Starr, B. Confirmed. assist the Department of Agriculture and the other stakeholders in that effort. SENATE JOURNAL SJ-237

Sincerely, absent, 1 – Corcoran; attending legislative business, 1 Theodore R. Kulongoski – Fisher. Bill passed. Governor HB 2658 B-Eng. -- Read third time. Carried by SB 911 -- Message from the House announcing Walker. On passage of bill the vote was: Ayes, 29; passage. attending legislative business, 1 – Fisher. Bill passed. SB 469 -- Message from the House announcing passage as amended by the House. HB 2725 B-Eng. -- Read third time. Carried by Starr, C. On passage of bill the vote was: Ayes, 27; HB 5077; 2237, 2300, 3668, 3669 -- Message from nays, 1 – Hannon; absent, 1 – George; attending the House announcing concurrence in Senate legislative business, 1 – Fisher. Bill passed. amendments and repassage. HB 3183 B-Eng. -- Bill read. Carried by Deckert. Senate, having recessed under the order of Third Call of the Senate demanded by Deckert joined by Reading of Senate Measures, reverted to the order of Atkinson and Starr, C. Call terminated by unanimous First Reading of Senate Measures by unanimous consent on motion of Deckert. All present. On passage consent at the request of the Chair. of bill the vote was: Ayes, 21; nays, 9 – Corcoran, Fisher, Gordly, Hannon, Morrisette, Schrader, SB 948 -- Introduced, read first time and Shields, Walker, Westlund. Bill passed. referred to President’s desk. HB 3183 -- Gordly requested the following Senate resumed under the order of Third explanation of vote be entered into the journal. Reading of Senate Measures by unanimous consent at the request of the Chair. “The tens of millions of dollars Oregon will lose in the 2005- 07 biennium pales in comparison to the revenue impact in 2007-09: $107 million. While that may seem small SCR 6 -- Moved to the foot of today’s third compared to the overwhelming funding problems you have reading calendar by unanimous consent at the coped with already, consider that the money Oregonians request of the Chair. will forgo would fund every one of the following items:

SJR 12 A-Eng. -- Read final time. Carried by • 10 days of school for 51,000 children Atkinson. On adoption of resolution, the vote was: Ayes, 27; nays, 2 – George, Hannon; attending • summer school for 14,000 students not reaching legislative business, 1 – Fisher. Resolution adopted. benchmarks Corcoran, absent when roll called, granted unanimous consent to be recorded as voting aye. (Hannon in • special education staffing for four middle schools Chair) • access to higher education for 1000 students SB 5554 A-Eng. -- Read third time. Carried by Gordly. On passage of bill the vote was: Ayes, 26; • two years in prison for 190 inmates nays, 2 – Beyer, Messerle; absent, 1 – Corcoran; attending legislative business, 1 – Fisher. Bill • a year of incarceration for 90 youth passed. • seventy State Troopers on the job for two years SB 737 -- Read third time. Carried by Minnis. On passage of bill the vote was: Ayes, 29; attending • in-home care for 770 seniors for one year legislative business, 1 – Fisher. Bill passed. • the services of 47 health care providers in long- HB 2498, 3023 -- Read second time and passed to term care facilities third reading. • crisis services for 1,637 persons battling mental HB 2080 A-Eng. -- Read third time. Carried by illness Minnis. On passage of bill the vote was: Ayes, 29; attending legislative business, 1 – Fisher. Bill • two years of medical care for 1290 Oregonians passed. • general assistance and health care for one year for HB 2278 C-Eng. -- Read third time. Carried by 530 persons with disabilities who live in poverty Ferrioli, Walker. On passage of bill the vote was: Ayes, 27; nays, 1 – Nelson; absent, 1 – Corcoran; “$107 million would buy all of that and more. But attending legislative business, 1 – Fisher. Bill would the alleged inducements to business passed. development be able to net an equal share of revenue to provide the same dollars? Not even close.” HB 2511 C-Eng. -- Read third time. Carried by Winters. On passage of bill the vote was: Ayes, 28;

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HB 3544 B-Eng. -- Read third time. Carried by Senate reconvened at 5:00 p.m. President Pro Ringo. On passage of bill the vote was: Ayes, 29; Tempore Hannon in Chair. All present. nays, 1 – Hannon. Bill passed. Senate, having recessed under the order of Third Senate reverted to the order of Propositions and Reading of House Measures, reverted to the order of Motions by unanimous consent at the request of the Reports from Standing Committees by unanimous Chair. consent at the request of the Chair.

SB 297 -- Ringo moved that the rules be Committee Report Summary No. 196 listing the suspended in order that the Senate may take final following reports was distributed to members today. action immediately. Summary list recorded in Journal and Status Report by order of the President. SB 297 -- Under rules suspension, Conference Committee report adopted and bill repassed on HB 2747 -- Report by Committee on Revenue motion of Ringo. The vote was: Ayes, 26; nays, 4 – recommending passage with amendments to the A- Beyer, George, Hannon, Nelson. Bill repassed. engrossed bill. (Amendments distributed August 26)

HB 2020 -- Corcoran moved that the rules be HB 2899 -- Report by Committee on Rules recommending passage with amendments to the C- suspended in order that the Senate may take final engrossed bill. (Amendments distributed August 26) action immediately. Senate reverted to the order of Propositions and HB 2020 -- Under rules suspension, Conference Motions by unanimous consent at the request of the Committee report adopted and bill repassed on Chair. motion of Corcoran. The vote was: Ayes, 25; nays, 3 – Atkinson, Dukes, Hannon; attending legislative business, 2 – Beyer, Harper. Bill repassed. SB 7, 469, 666 -- Rules suspended by unanimous consent in order that the Senate may take final action on Supplemental Agenda No. 1. on motion of Deckert. Senate recessed until 3:45 p.m. by unanimous consent at the request of the Chair. (President Courtney in Chair) SB 469 B-Eng. -- Under rules suspension, Deckert moved that the Senate concur in House amendments and repass bill. On concurrence and Recess extended until 4:30 p.m. by implied repassage the vote was: Ayes, 24; nays, 6 – Atkinson, consent at the request of the Chair. Beyer, Fisher, Harper, Messerle, Minnis. Bill repassed. George, Morse, granted unanimous consent Senate reconvened at 4:30 p.m. President Pro to change vote from nay to aye. Tempore Hannon in Chair. All present except Corcoran, Minnis, absent. SB 590 -- Senate refused to concur in House amendments by voice vote on motion of Ferrioli. Senate, having recessed following the order of Propositions and Motions, resumed under the general SB 7 -- Winters moved that the rules be order of business by unanimous consent at the suspended to allow reconsideration of the vote request of the Chair. whereby the Senate refused to concur in the House amendments on August 18. Motion carried by HB 2498, 3023 -- Ringo moved that the rules be unanimous consent. suspended in order that the Senate may take final action immediately. SB 7 -- Under rules suspension, Winters moved that the vote whereby the Senate refused to concur in Senate reverted to the order of Third Reading of the House amendments be reconsidered. Motion House Measures by unanimous consent at the request carried by voice vote. Vote reconsidered. of the Chair. SB 7 B-Eng. -- Under rules suspension, Winters HB 2498 B-Eng. -- Under rules suspension, read moved that the Senate concur in House amendments third time. Carried by Ringo. On passage of bill the and repass bill. On concurrence and repassage the vote was: Ayes, 28; absent, 2 – Corcoran, Minnis. Bill vote was: Ayes, 30. Bill repassed. passed. SB 666 -- Under rules suspension, Minnis moved HB 3023 C-Eng. -- Under rules suspension, read that the rules be suspended to allow reconsideration third time. Carried by Beyer. On passage of bill the of the vote whereby the Senate refused to concur in vote was: Ayes, 21; nays, 8 – Brown, Dukes, Gordly, the House amendments on August 21. Motion carried Hannon, Metsger, Morrisette, Shields, President by unanimous consent. Courtney; absent, 1 – Corcoran. Bill passed. SB 666 -- Under rules suspension, Minnis moved Senate, recessed until 5:00 p.m. by unanimous that the vote whereby the Senate refused to concur in consent at the request of the Chair. SENATE JOURNAL SJ-239

the House amendments be reconsidered by voice vote. Senate reverted to the order of First Reading of Motion carried by voice vote. Vote reconsidered. Senate Measures by unanimous consent at the request of the Chair. SB 666 B-Eng. -- Under rules suspension, Minnis moved that the Senate concur in House amendments SB 949 -- Introduced, read first time and and repass bill. On concurrence and repassage the referred to President’s desk. vote was: Ayes, 28; nays, 1 – Gordly; attending legislative business, 1 – Brown. Bill repassed. Senate reverted to the order of Second Reading of Senate Measures 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 request of the Chair. SB 719 -- Under rules suspension, read second time and passed to third reading. HB 2747 C-Eng. -- Under rules suspension, read third time. Carried by Winters. Fisher declared a Senate reverted to the order of Second Reading potential conflict of interest. Call of the Senate of House Measures by unanimous consent at the demanded by Winters joined by Carter and Hannon. request of the Chair. All members present. On passage of bill the vote was: Ayes, 25; nays, 5 – Atkinson, Beyer, George, Hannon, HB 3072 -- Under rules suspension, read second Minnis. Bill passed. Atkinson granted unanimous time and passed to third reading. consent to change from aye to nay. Senate reverted to the order of Third Reading of HB 2899 D-Eng. -- Under rules suspension, read Senate Measures by unanimous consent at the third time. Carried by Dukes. On passage of bill the request of the Chair. vote was: Ayes, 28; nays, 2 – Carter, Hannon. Bill passed. SB 719 A-Eng. -- Under rules suspension, read third time. Carried by Ferrioli. On passage of bill the Senate recessed until 8:00 p.m. by unanimous vote was: Ayes, 27; attending legislative business, 3 – consent at the request of the Chair. Gordly, Messerle, Morrisette. Bill passed.

Senate reconvened at 8:00 p.m. President Senate reverted to the order of Third Reading of Courtney in Chair. All present. (Hannon in Chair) House Measures by unanimous consent at the request of the Chair. (President Courtney in Chair) HB 2020 -- Message from the House announcing adoption of conference committee report. HB 3072 B-Eng. -- Under rules suspension, read third time. Carried by Deckert. On passage of bill Senate, having recessed under the order of the vote was: Ayes, 26; nays, 2 – Morrisette, Shields; Announcements, reverted to the order of Reports from attending legislative business, 2 – Gordly, Messerle. Standing Committees by unanimous consent at the Bill passed. Westlund, absent when roll called, request of the Chair. granted unanimous consent to vote aye.

Committee Report Summary No. 197 listing the Senate recessed until 10:30 p.m. by unanimous following reports was distributed to members today. consent at the request of the Chair. Senate Summary list recorded in Journal and Status Report reconvened at 10:30 p.m. President Courtney in by order of the President. Chair. All present except Minnis, absent.

SB 719 -- Report by Committee on Judiciary Senate, having recessed under the order of recommending passage with amendments. Announcements, reverted to the order of Reports from (Amendments distributed August 26) Standing Committees by unanimous consent at the request of the Chair. HB 3072 -- Report by Committee on Revenue recommending passage with amendments to the A- engrossed bill. (Amendments distributed August 26) Committee Report Summary No. 198 listing the following reports was distributed to members today. Senate reverted to the order of Propositions and Summary list recorded in Journal and Status Report Motions by unanimous consent at the request of the by order of the President. Chair. SB 141 -- Report by Committee on Rules SB 719; HB 3072 -- Rules suspended by recommending passage with amendments. unanimous consent in order that the Senate may take final action on Supplemental Agenda No. 3 on motion HB 2308 -- Report by Committee on Judiciary of Minnis. recommending passage with amendments to the A- engrossed bill.

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HB 3520 -- Report by Committee on Judiciary HB 2148, 2278, 2498, 2511, 2658, 2725, 2747, recommending passage with amendments to the A- 2899, 3023, 3072, 3183, 3544 -- Message from the engrossed bill. House announcing concurrence in Senate amendments and repassage on August 27. Senate reverted to the order of Other Business of the Senate by unanimous consent at the request of HJR 42 -- Message from the House announcing the Chair. concurrence in Senate amendments and re-adoption on August 27. In accordance with the provisions of ORS 291.330, President Courtney announced the following SB 297 -- Message from the House announcing appointments to the Emergency Board: adoption of conference committee report and repassage on August 27.

EMERGENCY BOARD SB 915; HB 3528 -- Message from the House Senator Peter Courtney, Co-Chair announcing failure on August 27. Senator Joan Dukes SB 5509, 5523, 5553; 272, 421, 474, 899, 931, Senator Avel Gordly 934; HB 5009, 5013, 5014, 5018, 5042, 5052, 5061, Senator Steve Harper 5066; 2195 -- President Courtney signed on August Senator Ken Messerle 27. Senator Frank Morse Senator Kurt Schrader HB 5028, 5030, 5067, 5077; 500, 501 -- Message Senator Jackie Winters from the House announcing the Speaker signed on August 28. Senate reverted to the order of Propositions and Motions by unanimous consent at the request of the SB 5530, 5554; 7, 260, 302, 469, 550, 666, 772, Chair. 875, 910, 911, 913, 916, 920, 939, 943 -- President Courtney signed on August 28. Brown moved that the Senate confirm en bloc the President’s appointments to the Emergency SB 5509, 5523, 5530, 5553, 5554; 500, 501, 550, Board. Motion carried; the vote was: Ayes, 29; absent, 875, 931 -- Message from the Governor announcing he 1 – Minnis. Appointments confirmed. signed on August 29.

Senate reverted to the order of Third Reading of SB 5509, 5523, 5530, 5553, 5554; 7, 180, 260, Senate Measures by unanimous consent at the 272, 302, 421, 469, 471, 474, 550, 666, 752, 772, 875, request of the Chair. 899, 910, 911, 913, 914, 916, 920, 926, 931, 933, 934, 939, 943; HJM 10; HB 2011, 2020, 2080, 2094, 2148, SCR 6 A-Eng. -- Read in its entirety and placed 2195, 2237, 2267, 2283, 2288, 2318, 2341, 2368, 2372, on final adoption. Carried by Brown. On adoption of 2511, 2577, 2661 2747, 2759, 2825, 2899, 3093, 3108, resolution, the vote was: Ayes, 25; nays, 4 – Atkinson, 3159, 3183, 3264, 3328, 3442, 3446, 3539, 3582, 3597, Gordly, Messerle, Starr, B.; absent, 1 – Minnis. 3624, 3630, 3638, 3646, 3653, 3656, 3666 -- Message Resolution adopted. from the House announcing the Speaker signed on August 29. SB 180, 471, 500, 501, 752, 914, 926, 933; HB 2152, 2532, 2537, 2551, 3120, 3276, 3534, 3654, 3659 - HB 5028, 5030, 5067, 5077; 2020, 2148, 2511, - President Courtney signed on August 26. 2747, 2759, 2825, 2899, 3183, 3264 3446 -- President Courtney signed on August 29. Senate adjourned sine die at 10:40 p.m. August 26, 2003. HJR 42; HB 2278, 2300, 2498, 2658, 2725, 3023, 3072, 3544, 3668, 3669 -- Message from the House SB 5554; 450, 620, 875, 904, 937, 946; HB 2683 -- announcing the Speaker signed on September 2. Message from the House announcing passage on August 27. SCR 6, 9; SB 297, 450, 620, 904, 937, 946; HJM 10: HJR 42; HB 2011, 2080, 2094, 2195, 2237, 2267, 2278, 2288, 2300, 2318, 2341, 2368, 2372, 2498, 2577, SCR 6, 9 -- Message from the House announcing 2658, 2661, 2725, 3023, 3072, 3093, 3108, 3159, 3328, adoption on August 27. 3442, 3539, 3544, 3582, 3597, 3624, 3630, 3638, 3646, 3653, 3656, 3666, 3668, 3669 -- President Courtney SB 355, 467, 655, 763 -- Message from the House signed on September 8. announcing passage as amended by the House on August 27. HB 2283 -- President Courtney signed on September 11. SJR 2 -- Message from the House announcing SCR 6, 9; SB 297, 450, 620, 904, 937, 946 -- adoption as amended by the House on August 27. Message from the House announcing the Speaker signed on September 12. SENATE JOURNAL SJ-241

SB 7, 180, 450, 469, 471, 474, 620, 666, 899, 910, Secretary of State 914, 926, 933, 934, 937, 939, 943, 946 -- Message from the Governor announcing he signed on September 17. 900 Court Street NE Room 136 State Capitol SB 260, 752, 772, 904, 916, 920 -- Message from Salem, OR 97301 the Governor announcing he signed on September 22. Dear Secretary Bradbury: SB 5 -- Message from the House announcing the I am returning Enrolled Senate Bill 913 unsigned, but not Speaker signed on September 23. disapproved, for the reasons below: Senate Bill 913 would allow the Board of Higher Education SB 5, 272, 297, 911 -- Message from the (or Oregon University System institutions to whom such Governor announcing he signed on September 24. authority is delegated) to expand health service delivery at university student health centers to dependents of students, September 24, 2003 faculty and staff. Currently, ORS 351.070 permits university health centers to provide services only to students. Health coverage for University faculty and staff The Honorable Bill Bradbury is provided through the Public Employees Benefit Board Secretary of State (PEBB) health plans. 136 State Capitol I am supportive of Senate Bill 913 in that it may result in Salem, OR 97301 increased access to basic health care for university student dependents, faculty and staff. However, several unresolved Dear Secretary Bradbury: issues remain that concern me: I have signed Enrolled Senate Bill 911. However, I am Senate Bill 913 does not define which “health services” will writing to express my concerns with a portion of the bill. be provided. What medical services, treatments, procedures or consultation would be offered and who would provide The intent of Senate Bill 911 is to provide greater flexibility them? Medical professionals at the health centers are not in the requirements for siting and developing destination specialists, nor are the centers equipped to provide services resorts in Eastern Oregon while retaining the main purpose in specialty areas. Although it may be logical to assume of the original legislation: the creation of destination that health centers would provide only primary or resorts for tourism. Particularly, the provisions that modify preventative health care services to faculty and staff, lack of the definition of qualifying “rental units” and that allow for clarity on this issue could make it difficult to manage or staged development of rental units over a ten-year period mitigate legal claims of negligence. are sensible revisions of a limited scope and are consistent with my goal of promoting the tourism industry in Oregon. Do university student health centers have the physical capacity to handle additional patients? Are there an However, the bill also alters the allowed ratio of rental adequate number of properly equipped examination rooms? homes to non-rental homes in Eastern Oregon destination Is the billing and accounts receivable system sufficient to resorts. Under current law, a destination resort may have support the increased number of patients? up to two residential (non-rental) units for every rental unit in the resort. This bill expands that ratio to allow up to 2.5 Who will pay for the expanded health services? Although residential (non-rental) units for every rental unit. supporters of the bill state that the intent of the legislation Effectively, this will allow a greater number of permanent is for health service recipients to pay for services received residences within Eastern Oregon destination resorts. I on a fee-for-service basis, that is not clear from the bill’s find this provision somewhat problematic. This provision is text. Neither is it clear how faculty and staff currently focused on increasing the number of non-rented residential covered through PEBB will pay for services received. homes allowed in destination resorts; it is not focused on Assuming the Oregon University System continues to tourism. Land use advocates have expressed strong provide coverage through PEBB, PEBB health contractors opposition to this provision because they fear that it could are under no obligation to contract with the health centers lead to increased development of rural subdivisions. or reimburse the clinics for any services they may provide. Ultimately, I am not persuaded that this provision will significantly alter the important balance between Before this legislation can be implemented, the Board of promoting tourism while allowing residential homes to exist Higher Education will need to resolve these outstanding in these developments. Nonetheless, I will ask my staff and issues through administrative rule. In addition, as the the Department of Land Conservation and Development to Department of Administrative Services indicated in its carefully monitor the impacts of the bill and to seek changes testimony on this bill, if the Board chooses to expand in the law if this revision to the law is abused. service delivery at the student health clinics, the Department will require the Oregon University System to Sincerely, purchase medical malpractice insurance coverage through the Risk Management Division to protect state resources from the increased risk exposure. Theodore R. Kulongoski, My office will continue to monitor the resolution of these Governor issues as the Board moves forward with implementation of SB 302, 421 -- Message from the Governor this legislation. If issues go unresolved or additional problems develop, we will revisit the issue during the next announcing he signed on September 25. legislative session. SB 913 -- Message from the Governor that bill Sincerely, became law without his signature on September 26. Theodore R. Kulongoski, September 25, 2003 Governor

The Honorable Bill Bradbury