TAPE 1 A/B and 2-A
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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
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005 |
Chair
Shetterly |
Calls
meeting to order at 10:09 am. |
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|
012 |
Lizbeth
Martin-Mahar |
Reviews
a summary of the bill proceedings to date.
Exhibit 1 |
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060 |
Mahar |
Reviewed
specifically the effect of the (-B5) amendment. Exhibits 1-2 |
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066 |
Mahar |
Reviewed
specifically the effect of the (-B5) amendment. Exhibits 1 & 3 |
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073 |
Mahar |
Reviewed
specifically the effect of the (-B5) amendment. Exhibits 1 & 4 |
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|
094 |
Tom
Linhares |
Paraphrased
his written testimony urging the bill be returned to its original form. Exhibit 6 |
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|
174 |
John
Phillips |
Paraphrases
his written testimony providing a history of the bill and comments on the –B5
and –B6 amendments. Exhibit 9 |
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200 |
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Questions
and discussion interspersed |
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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) |
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Discussion
of where in the statutes is arson excluded and how is ORS 308.425 different
from ORS 308.146. |
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307 |
Dexter
Johnson |
Noted
the duplication and clarified the date in relation to value of property. |
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360 |
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Discussion
of constitutional issues regarding current and future assessed values. |
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TAPE 2 SIDE A |
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001 |
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Discussion
continues. |
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|
021 |
Sen.
Ferrioli |
Clarifies
the decision before the committee is the consideration of the assessment date
for adjustments of value, not the constitutional question. |
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Discussion
of the maximum adjusted value issue. |
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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 |
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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. |
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Discussion
of proposed language changes. |
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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 |
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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.
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274 |
Johnson |
Concerns
about describing the institution. |
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Discussion
on amending the -B7 adding a geographical description. |
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305 |
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Discussion
of 10-year sunset. |
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333 |
DiLorenzo |
Notes
no objection to sunset. |
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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. |
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341 |
Hamrick |
Commission
urges limiting this legislation to the case at hand. |
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360 |
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Discussion
of notice of provision of transfers suggested by Carlson. |
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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. |
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TAPE 1 SIDE B |
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004 |
Chair
Shetterly |
Proposes
that the –B5 amendments be the vehicle of choice. Exhibit 2 |
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008 |
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Discussion
of Chair’s proposal. |
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011 |
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MOTION: MOVED THE RULES BE SUSPENDED FOR THE PURPOSE OF CONCEPTUALLY AMENDING THE (-B5) AMENDMENTS, (Exhibit 2). |
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012 |
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ORDER:
HEARING NO OBJECTION, THE CHAIR SO ORDERED. |
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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. |
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057 |
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Discussion
of the proposed motion. |
|
062 |
Chair
Shetterly |
Restates
motion. |
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ORDER:
HEARING NO OBJECTION, THE CHAIR SO ORDERED. |
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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. |
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075 |
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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