HOUSE FIFTH SPECIAL SESSION COMMITTEE ON BUDGET RESTORATION

 

 

September 2, 2002   Hearing Room H170

4:05 p.m.    Tapes 2 & 3

 

MEMBERS PRESENT:            Rep. Ben Westlund, Chair

Rep. Richard Devlin

Rep. Cedric Hayden

Rep. Betsy Johnson

Rep. Susan Morgan

 

MEMBER EXCUSED:     -

 

STAFF PRESENT:                  Paul Warner, Legislative Revenue Officer

Jim Stembridge, Administrative Support

 

 

MEASURE/ISSUES HEARD: HB 4070

                        HB 4071

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words. 

For complete contents, please refer to the tapes.

Tape / Counter

Speaker

Comments

TAPE 2A

 

 

003

Chair Westlund

Calls the meeting to order at 4:05 p.m.

HB 4070   &    HB 4071—PUBLIC HEARING

 

 

005

Chair Westlund

Opens public hearing on HB 4070 and HB 4071.

007

Ken Rocco

Legislative Fiscal Officer.  Briefly describes HB 4070 and HB 4071.

030

Al Soenneker

Coast Rehabilitation, Warrenton, Oregon.  Expresses concern for proposed closure of over 100 group homes for people with developmental disabilities.

075

Rep. Johnson

Asks if there are other human services areas in which the committee should be cognizant.

085

Soenneker

Comments on seniors and people with mental disabilities. The proposed cuts are the most serious seen in 30 years of experience.

110

Christienne Pierce

Marion County.  Expresses concern for proposed cuts in human services.  Strongly urges new revenue instead of program cuts.

175

Jen Hefty

Washington County.  Expresses concern for proposed cuts in early intervention/early childhood special education services.

235

Vivian Colvin

Multnomah County. States that comments are summarized in written testimony (EXHIBIT A).  Calls for courage on the part of legislators.

265

Jane O’Keefe

Lake County Commissioner, President of Oregon Association of Counties.  Asks for elevation above politics.  Submits written testimony (EXHIBIT B) and memorandum on public safety and mental health issues (EXHIBIT C).

330

Rep. Johnson

Asks about profound affects of cuts in mental health programs on the local level.

345

O’Keefe

Responds, we need to go further in looking for revenue enhancements.

355

Chair Westlund

States that other funding needs to be addressed as well.

370

Bart Miller

Multnomah County teacher. Thanks members for taking on this thankless task.  Wants revenue options, even if it means borrowing.  Discusses the hurting people who suffer due to cuts—young children especially.

410

Chair Westlund

Asks for confirmation that this self-described  conservative is supportive of revenue options.

 

Miller

Responds, yes, would even support sales tax.

TAPE 3A

 

 

005

Kathryn Weit

Oregon Developmental Disability Coalition, testifies in opposition to cuts.  Says that the cuts will cause people to need higher levels of care.

065

Rep. Devlin

Comments on legislatures’ past actions of sending initiatives to the people for a vote.  Asks if Ms. Weit’s preference would be for the legislature to directly pass bills or continue to send them to the voters.

085

Weit

Unable to answer that.

090

Rep. Devlin

Don’t you believe the public as a whole would prefer us acting rather than referring?

 

Ms. Weit

Answers, absolutely.

095

Francisco Lopez

Director, Support Services Brokerage. Testifies in opposition to the proposed legislation.  Specifically discusses services for adults with developmental disabilities and the elimination of programs. States that if the proposed cuts occur, we lose what we value in the community.

145

Rep. Johnson

Asks how services from the brokerage are accessed.

 

Lopez

Responds and provides examples.

160

Sharon Lewis

Multnomah County.  Testifies in favor of revenue generation; the proposed cuts are too wide and deep.  Specifically discusses early intervention/early childhood special education services.  Concerned about families with children with developmental disabilities.  As a small business owner, supports increased taxes.  Submits publication on success of early intervention (EXHIBIT D).

210

Janna Starr

Executive Director. Oregon Council on Developmental Disabilities.  Testifies that she has not previously seen threats to close down homes, unconscionable actions, and that HB 4070 is a mediocre attempt to avoid the real issues – requests more work be done on it.

280

Ozzie Rose

Confederation of Oregon school Administrators.  Testifies in opposition to HB 4070.  Does not believe the measure should be referred; states that the legislature is constitutionally able to pass this without referral.  Some kind of borrowing, cuts, and revenue measures must be considered.  Provides history of cuts taken thus far in K-12 education.

380

Rep. Johnson

Re-states the cuts thus far to K-12 education.  Ballpark figure without the proposed legislation is $500 million.

410

Rep. Westlund

States that the precise number is $202 million for K-12.

435

Rep. Devlin

Asks if Mr. Rose was in support of bonding measure and then in support of overriding the bonding measure and now you believe part of the final solution involves a bonding measure.

455

Mr. Rose

Answers, yes, bonding, cuts, and revenues, some of which must be taxes.

TAPE 2B

 

 

 

Lee Hazelwood

Senior advocate. Testifies regarding governor’s proposed cut and the legislature’s proposed restoration of Oregon Project Independence.

070

Phyllis Lissman

Chair, Governor’s Commission on Senior Services.

075

Rep. Johnson

Asks about funding for Commission on Senior Services.

 

Lissman

Answers.

090

Chair Westlund

Closes public hearing on HB 4070 and HB 4071.

 

Chair Westlund

Recesses meeting at 5:05 p.m.

092

Chair Westlund

Reconvenes meeting at 6:35 p.m.; opens work session on HB 4070

WORK SESSION, HB 4070

 

 

 

Dick Yates

Legislative Revenue Office, describes measure and amendments 4070-1, dated 9/2/02 (EXHIBIT E) and HB 4070-2, dated 9/2/02, (EXHIBIT F).

146

Yates

Continues presentation, refers to revenue impact statement (EXHIBIT G).

164

Yates

Describes amendment, as well as Legislative Fiscal’s recommended changes to amendment HB 4070-1 (EXHIBIT H).

 

Rep. Morgan

MOTION: Moves to conceptually amend HB 4070-1

 

 

VOTE:   5 – 0 – 0

 

Chair Westlund

Without objection declares motion CARRIED.

181

Yates

Continues description of HB 4070-1 amendment.

210

Harrison Conley

Legislative Counsel, provides further clarification.

 

Yates

Asks question of Conley.

 

Conley

Responds.

223

Yates

Continues presentation on HB 4070-1 amendment.

235

Conley

Clarifies term “net proceeds”.

242

Yates

Continues presentation.

 

Rep. Morgan

MOTION: Moves additional conceptual amendment to HB 4070-1.

 

Chair Westlund

Clarifies wording of motion

 

 

VOTE:  5 – 0 – 0

 

Chair Westlund

Without objection declares motion CARRIED.

283

Yates

Continues presentation on HB 4070–1 amendment.

 

Conley

Clarifies “continuous appropriation” language.

 

Rep. Morgan

MOTION: Moves additional conceptual amendment to HB 4070-1

 

 

VOTE:  5 – 0 – 0

 

Chair Westlund

Without objection declares motion CARRIED.

 

Morgan

MOTION: Moves adoption of the HB 4070-1 amendment, as conceptually amended.

 

 

VOTE:  5 – 0 – 0

 

Chair Westlund

Without objection declares motion CARRIED.

340

Yates

Begins presentation on HB4070–2 amendment (EXHIBIT F).

359

Conley

Clarifies language.

364

Yates

Continues presentation.

395

Conley

Clarifies.

410

Rep. Morgan

MOTION: Moves adoption of the HB4070-2 amendments.

 

 

VOTE:  5 – 0 – 0

 

Chair Westlund

Without objection declares motion CARRIED.

430

Chair Westlund

Begins discussion of –4 amends (EXHIBIT I).

446

Steve Bender

Legislative Fiscal Office, begins presentation.

 

Joan Robinson

Legislative Counsel, explains that –4 amends contain the –1 and –2 amends, without the conceptual amendments just made to the –1 amendments.  Explains section changes.

TAPE 3B

 

 

003

Robinson

Continues explanation.

024

Ted Reutlinger

Legislative Counsel, explains that the –4 amendment moves HB 4071 into HB 4070.

039

Rep. Devlin

Asks about historic precedent.

 

Greg Chaimov

Legislative Counsel, explains historic precedent.

053

Rep. Devlin

Asks if there has ever been challenge.

 

Chaimov

Answers.

061

Rep. Johnson

Asks questions regarding Ballot Measure 20.

 

Chaimov

Explains, if both pass, the later Constitutional amendment would control.

 

Rep. Johnson

Comments.

084

Chair Westlund

Comments.

 

Rep. Devlin

Explains disagreement between measures.

 

Rep. Johnson

Asks relationship with Ballot Measure 20.

 

Chaimov

Explains.

 

Rep. Devlin

Asks for clarification about encumbrances of existing cigarette taxes, if Ballot Measure 20 fails and the ballot Measure proposed in HB 4070 passes.

112

Kate Richardson

State Treasurer’s Office, clarifies that HB 4070 applies only to new cigarette tax revenue.

 

Rep. Johnson

Asks further clarification on validity of Ballot Measure 20 if the present Ballot Measure passes.

 

Chaimov

Clarifies.

 

Richardson

Clarifies earlier remarks.

150

Chair Westlund

Additional question.

 

Rep. Morgan

MOTION: Moves to conceptually amend HB 4070-4

 

 

VOTE:  4 – 1 – 0 (Rep. Johnson voting “no”.)

 

Chair Westlund

Noting Rep. Johnson’s objection, declares the motion CARRIED.

 

Rep. Morgan

MOTION: Moves adoption of HB 4070-4 as conceptually amended.

 

 

VOTE:  3 – 2 – 0 (Reps. Devlin and Johnson voting “no”.)

 

Chair Westlund

Noting two objections, declares the motion CARRIED.

 

Rep. Morgan

MOTION: Moves HB 4070 to floor “do pass” as conceptually amended.

205

Rep. Devlin

Clarifies previous votes on bonding.

 

 

VOTE:  3 – 2 – 0 (Reps. Devlin and Johnson voting “no”.)

223

Chair Westlund

Noting two objections, declares the motion CARRIED. (Rep. Westlund will lead floor debate.)

 

 

Closes work session on HB 4070, opens work session on HB 4071

WORK SESSION, HB 4071

 

 

238

Adrienne Sexton

LFO, describes measure

253

Rep Johnson

Asks “Why we are doing this?”

 

Rep. Morgan

MOTION: Moves HB 4071 to the floor with a “do pass” recommendation.

 

Rep. Johnson

States objection.

 

Rep. Devlin

States objection.

 

Reutlinger

Clarifies language differences between HB 4070 and HB 4071, may need conflict amendment.

 

Chair Westlund

Suggests amending on Senate side.

 

Todd Kenady

Reports progress on floor

 

Rep. Morgan

Withdraws motion

322

Steve Bender

Legislative Fiscal Office.  Provides further explanation.

 

Rep. Hayden

Recommends making language identical in both bills

335

Westlund

Asks if such a conceptual amendment could be made?

350

Reutlinger

Suggests wording

 

Chair Westlund

MOTION: Moves conceptual amendment to HB 4071

 

 

VOTE   4 – 1 – 0 (Johnson voting “no”)

 

Chair Westland

Noting two objections, declares the motion CARRIED.

 

 

MOTION: Moves HB 4071 to the floor “do pass” as amended

 

 

VOTE:  3 – 2 – 0 (Devlin, Johnson  voting “no”)

 

Chair Westlund

Noting two objections, declares the motion CARRIED.  Rep. Hayden will lead floor debate.

412

Chair Westlund

Recesses meeting until further notice at 7:26 p.m.

 

Submitted By,                        Reviewed By,

 

 

 

Jim Stembridge,                        Marjorie Taylor

Administrative Support                        Committee Services

 

EXHIBITS

 

A – Written testimony from Vivian Colvin, 1 page

B – Written testimony from Jane O’Keefe, 1 page

C – Written testimony from the Association of Oregon Counties, submitted by Jane O’Keefe, 3 pages

D – “Early Intervention Works”  submitted by Sharon Lewis, 66 pages

E – Amendment HB 4070-1, dated 9/2/02, 1 page

F – Amendment HB 4070-2, dated 9/2/02, 1 page

G – Revenue Impact Statement, HB 4070, 1 page

H – Amendment HB 4070-1, with Legislative Fiscal Office recommended changes hand-engrossed, 1 page     

I –  Amendment HB 4070-4, dated 9/2/02, 6 pages

J – Written testimony from Bruce Bishop, Oregon Association of Hospital and Health Systems (not presented orally), 2 pages