WORK SESSION HB 2612

TAPE 1 A/B and 2-A

 

 

CONFERENCE COMMITTEE ON HB 2612

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April 26, 2001 – 10:00 A.M. - HEARING ROOM A - STATE CAPITOL BUILDING

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Members Present:                     Representative Lane Shetterly, Chair

                                                Representative Alan Bates

                                                Representative Janet Carlson

                                                Senator Ted Ferrioli

                                                Senator Charles Starr

                                                Senator Lee Beyer

 

Staff:                                        Paul Warner, Legislative Revenue Officer

                                                Lizbeth Martin-Mahar, Economist, Legislative Revenue Office

                                                Steve Meyer, Economist, Legislative Revenue Office

                                                Ed Waters, Economist, Legislative Revenue Office

                                                Richard Yates, Economist, Legislative Revenue Office

                                                Kim Taylor James, Office Manager

 

Witnesses:                                Tom Linhares, Oregon State Assn. Of County Assessors (Columbia County Assessor)

                                                John Phillips, Department of Revenue

                                                John DiLorenzo, Lewis and Clark College

                                                James Hamrick, State Parks and Recreation Department

 

TAPE 1, SIDE A

005

Chair Shetterly

Calls meeting to order at 10:09 am. 

 

012

Lizbeth Martin-Mahar

Reviews a summary of the bill proceedings to date.  Exhibit 1

 

060

Mahar

Reviewed specifically the effect of the (-B5) amendment.  Exhibits 1-2

 

066

Mahar

Reviewed specifically the effect of the (-B5) amendment.  Exhibits 1 & 3

 

073

Mahar

Reviewed specifically the effect of the (-B5) amendment.  Exhibits 1 & 4

 

094

Tom Linhares

Paraphrased his written testimony urging the bill be returned to its original form.  Exhibit 6

 

174

John Phillips

Paraphrases his written testimony providing a history of the bill and comments on the –B5 and –B6 amendments.  Exhibit 9

 

200

 

Questions and discussion interspersed 

 

217

Sen. Ferrioli

Clarified the purpose of Senate discussion was to narrow the distinction of purposes by which people could request reevaluation of property to avoid criminal activity (i.e., arson) as opposed to “Act of God” to reduce property taxes.  (See Sections 308.425-440 and 308.146 ORS 1999)

 

 

 

Discussion of where in the statutes is arson excluded and how is ORS 308.425 different from ORS 308.146. 

 

307

Dexter Johnson

Noted the duplication and clarified the date in relation to value of property.  

 

360

 

Discussion of constitutional issues regarding current and future assessed values. 

 

TAPE 2 SIDE A

 

001

 

Discussion continues. 

 

021

Sen. Ferrioli

Clarifies the decision before the committee is the consideration of the assessment date for adjustments of value, not the constitutional question.

 

 

 

Discussion of the maximum adjusted value issue. 

 

063

Chair Shetterly

What would need to be done to the –B5 amendment to establish the date for allowing revaluation and to restore the language “fire, Act of God”?  Exhibit 2

 

078

Johnson

To conceptually amend the–B5 amendments add “or under ORS 308.146 (b) (a)” on page 1, line 14 of the printed measure after “428”.  The other change would be to make sure there is no ambiguity about requiring deductions during the current tax year for arson; you could consider adding to the arson statute 308.440 a reference to 308.146.

 

 

 

Discussion of proposed language changes.

 


 

097

Chair Shetterly

MOTION:  MOVED THE RULES BE SUSPENDED FOR THE PURPOSE OF CONCEPTUALLY AMENDING THE (-B5) AMENDMENTS, (Exhibit 2).

 

118

Chair Shetterly

Withdraws motion.

 

124

Chair Shetterly

Directs members attention to the –B6 and B7 amendments.  Exhibits 3-4

 

134

John DiLorenzo

Discussed the transfer of lands by a cemetery association to another charitable organization and treatment of the payment of the recapture of the property tax.

 

158

James Hamrick

Oregon Pioneer Cemetery Association has concerns with change in sections 7 & 8 for lands with pioneer cemeteries on them.  Suggests the focus be narrowed to the one cemetery (Riverdale) and the one organization (Lewis & Clark college). 

 

198

Chair Shetterly

Has agreement between Hamrick and DiLorenzo been reached? 

 

203

DiLorenzo

Responds yes, they both believe further narrowing amendment to obtain goal and solve Hamrick’s concerns. 

 

228

 

Discussion on how to limit and narrow the language.

 

251

Sen. Ferrioli

Suggests limiting to a description of the acquiring body.

 

253

Rep. Carlson

Suggests requesting review and approval of the Oregon Pioneer Cemetery Association.

 

255

Sen. Ferrioli

Concern that may trigger archeological survey. 

 

274

Johnson

Concerns about describing the institution.  

 

 

 

Discussion on amending the -B7 adding a geographical description. 

 

305

 

Discussion of 10-year sunset.

 

333

DiLorenzo

Notes no objection to sunset. 

 

 

 

Discussion as to the 5-year sunset in the –B7 amendments and a 10-year sunset in the –B8 amendments, which is the preference?  Exhibits 4-5

329

DiLorenzo

Prefers 10-year sunset as opposed to 5-year. 

 

341

Hamrick

Commission urges limiting this legislation to the case at hand.

 

360

 

Discussion of notice of provision of transfers suggested by Carlson.

 

379

Sen. Ferrioli

Senate Revenue is the oversight committee for the Department of Revenue and notes that the Senate will hear the measures the house has passed that relate to cemeteries.

 

TAPE 1 SIDE B

004

Chair Shetterly

Proposes that the –B5 amendments be the vehicle of choice.  Exhibit 2

 

008

 

Discussion of Chair’s proposal.

 

011

 

MOTION:  MOVED THE RULES BE SUSPENDED FOR THE PURPOSE OF CONCEPTUALLY AMENDING THE (-B5) AMENDMENTS, (Exhibit 2).

 

012

 

ORDER:  HEARING NO OBJECTION, THE CHAIR SO ORDERED. 

 

013

Chair Shetterly

MOTION:  MOVED TO CONCEPTUALY AMEND THE (-B5) AMENDMENTS, Exhibit 2, AS FOLLOWS:

1.      BY INSERTING “OR UNDER ORS 308.146 (6) (a)” ON PAGE 1, LINE 14, AFTER THE WORD “308.428.” 

2.      BY INSERTING “OR UNDER ORS 308.146 (6) (a)” ON PAGE 1, LINE 15, AFTER THE WORD “308.428.”

3.      ADD A NEW SECTION TO THE (-B5) AMENDMENTS, AMENDING ORS 308.440 TO SAY “NO RELIEF UNDER ORS 308.146 (5) AND (6) OR ORS 308.425.” 

4.      ADD THE LANUGE PRINTED IN SECTIONS 3, 4, AND 5 OF THE (-B8) AMENDMENTS, EXHIBIT 5.

 

040

Johnson

Clarifies the conceptual amendment to ORS 308.440 reference.

 

057

 

Discussion of the proposed motion.

 

062

Chair Shetterly

Restates motion. 

 

 

 

ORDER:  HEARING NO OBJECTION, THE CHAIR SO ORDERED. 

 

073

Chair Shetterly

MOTION:  MOVED HB 2612 B-ENG. AS CONCEPTUALLY AMENDED TO THE HOUSE . . .

 

073

Chair Shetterly

Interrupted motion to request specific conference committee language for motion to move measure out.

 

075

 

Discussion of whether the –B5 amendments include the –B7 and –B8 amendments.  Exhibits 2, 4-5

 

082

Dexter

Clarifies that the –B5 amendments would need to be further conceptually amended to achieve the Committees desire.

 

109

Chair Shetterly

Withdrew partial motion.

 

110

Sen. Ferrioli

Suggests additional meeting.

 

111

Chair

Adjourns meeting.

 

Submitted by,                                                               Reviewed by,

 

 

 

Joan Green                                                                   Kim Taylor James

Committee Assistant                                                     Revenue Office Manager

 

Exhibit Summary:

1.      HB 2612, Explanation of Versions of Measure and Amendments, Martin-Mahar, 2 pages

2.      HB 2612, (-B5) amendment, (DJ/ps) 04/20/01, Martin-Mahar, 1 page

3.      HB 2612, (-B6) amendment, (DJ/ps) 04/20/01, Martin-Mahar, 1 page

4.      HB 2612, (-B7) amendment, (DJ/ps) 04/25/01, Martin-Mahar, 2 pages

5.      HB 2612, (-B8) amendment, (DJ/ps) 04/26/01, Martin-Mahar, 2 pages

6.      HB 2612, Testimony, Linhares, 6 pages

7.      HB 2612, Senate Revenue Staff Measure Summary, Revenue Impact and Fiscal statements and Senate Chamber Roll Call sheet, LRO Staff, 4 pages

8.      HB 2612, House School Funding and Tax Fairness/Revenue Staff Measure Summary, Revenue Impact and Fiscal statements and House Chamber Roll Call sheet, LRO Staff, 4 pages

9.      HB 2612, Testimony, Phillips, 2 pages