HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

January 21, 2003   Hearing Room D

8:30 AM     Tapes  2 - 4

 

MEMBERS PRESENT:            Rep. Jerry Krummel, Chair

Rep. Donna Nelson, Vice-Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Brad Avakian

Rep. Derrick Kitts

Rep. John Mabrey

Rep. Kelley Wirth

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURE/ISSUES HEARD:            -HB 2052 – Public Hearing and Work Session

                                                -HB 2132 – Public Hearing and Work Session

                                                -HB 2140 – Public Hearing and Work Session

                                                -HB 2170 – Public Hearing and Work Session

                                                -HB 2175 – Public Hearing and Work Session

-Informational meeting

 Association of Oregon Counties (AOC) and the League of Oregon   

 Cities (LOC).

 

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/#

Speaker

Comments

TAPE 2, A

005

Chair Krummel

Calls meeting to order at 8:37 AM. Informs that House Bill (HB) 2167 will not be heard. Opens public hearing on HB 2052.

HB 2052 PUBLIC HEARING

021

Patrick Brennan

Reads Staff Measure Summary (SMS) for HB 2052.

028

Keith Kutler

Oregon Department of Justice (DOJ). Testifies in support of HB 2052. Provides history of the bill. Invites questions.

045

Chair Krummel

Asks how many federal military installations there are in Oregon.

046

Kutler

Responds he is unsure. Lists Umatilla as a possibility.

048

Chair Krummel

Asks if Kingston or Portland airbases would count in addition to Umatilla.

050

Kutler

Thinks that they would.

051

Chair Krummel

Asks if there is a possibility of the federal government adding installations in Oregon.

053

Kutler

States he has no idea.

054

Chair Krummel

Wonders about potential of adding one on the coast since we were attacked there in World War II.

058

Rep. Prozanski

Comments in favor of HB 2052.

066

Chair Krummel

Closes public hearing on HB 2052. Opens work session on HB 2052.

HB 2052 WORK SESSION

068

Rep. Prozanski

MOTION:  Moves HB 2052 to the floor with a DO PASS

                       recommendation.

073

 

VOTE:  6-0-1

EXCUSED:  1 - Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. AVAKIAN will lead discussion on the floor.

092

Chair Krummel

Closes work session on HB 2052. Opens public hearing on HB 2132.

HB 2132 PUBLIC HEARING

094

Patrick Brennan

Reads SMS on HB 2132.

099

Inga Deckert

Office of the Treasury. Explains HB 2132. Details cost of bill indicating no fiscal impact. Invites questions.

128

Chair Krummel

Asks if Ms. Deckert approves of the amendments.

135

Deckert

Responds she is in favor of amendments.

138

Chair Krummel

Questions if the amendments will create a fiscal impact.

139

Patrick Brennan

Negates.

141

Rep. Mabrey

Poses a concern about language of the measure.

145

Chair Krummel

Clarifies language. Closes public hearing and opens work session on HB 2132.

HB 2132 WORK SESSION

155

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2132-1 amendments for HB

                       2132-1 dated 1/20/2003.                                                                                                                                                    2132.

158

 

VOTE:  6-0-1

EXCUSED:  1 - Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

165

Rep. Prozanski

MOTION: Moves HB 2132 to the floor with a DO PASS AS                                                                                   

   AMENDED recommendation.

168

 

VOTE:  6-0-1

EXCUSED:  1 - Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. KITTS will lead discussion on the floor.

179

Chair Krummel

Closes work session on HB 2132. Opens public hearing on HB 2140.

HB 2140 PUBLIC HEARING

186

Patrick Brennan

Reads SMS.

 

Chair Krummel

Asks question concerning the action of the amendment.

199

Brennan

Explains the amendment.

211

Roy Turnbaugh

Office of the Secretary of State. Submits written testimony (EXHIBIT A). Testifies in support of HB 2140. Explains bill further.

232

Chair Krummel

Thanks the witness. Closes public hearing on HB 2140.  Opens public hearing on HB 2170.

HB 2170 PUBLIC HEARING

260

Jack Kenny

Deputy Director of Housing and Community Services. Submits written testimony (EXHIBIT B).  Testifies in support of HB 2170.

283

Rep. Nelson

Voices concern as to why ombudsman program is not functioning according to the way it was established.

295

Kenny

Responds that historically the program was meant to provide neutral assistance and support. Adds that if it were indeed an ombudsman the neutrality would be taken away.

321

Rep. Nelson

Inquires as to why the word “ombudsman” is kept, as it is a misnomer.

329

Kenny

Explains that HB 2170 no longer maintains the word “ombudsman” but changes program to “manufactured dwelling park community relations office”.

336

Rep. Nelson

Asks if the entire district requires that change.

341

Kenny

Affirms.

350

Rep. Nelson

Comments on the need for the word “ombudsman”. Reiterates necessity for the terms and lists reasons. Questions necessity according to her understanding of the position.

371

Kenny

Acknowledges that although Rep. Nelson is raising valid points, they are not relevant to his particular agency or addressed in this bill. States that he does not desire to sidestep her issue. Suggests that a different bill would be needed to align name change with function.

409

Rep. Prozanski

Inquires if the department believes the current listing is a misnomer that misleads the public as to what the agency does.

420

Kenny

Answers he is correct.

425

Chair Krummel

Comments on the clarification. Closes public hearing and opens work session on HB 2170

445

Rep. Nelson

States her desire to be positive, but recommends that the committee postpone its decision until full consideration is given to the affects of this bill on ombudsmen. Restates her concern as to who may fill this position.

471

Rep. Prozanski

Responds to Rep. Nelson. Raises question concerning the referral of HB 2170 to Ways and Means as there appears to be no reflection of fiscal impact.

TAPE 3,A

005

Rep. Prozanski

Continues discussion of HB 2170.

061

Chair Krummel

Remarks that he has been asked to remove the subsequent referral to Ways and Means.

064

Rep. Mabrey

Comments on the misleading nature of the term. Agrees with Rep. Nelson that it is a misnomer.

075

Rep. Nelson

Asks if the committee would consider amending the bill. Asks if Jack Kenny will return and further complete testimony.

082

Chair Krummel

Invites Jack Kenny to return and testify.

090

Jack Kenny

Responds to Rep. Nelson that an amendment would change the character of this particular program. Believes changes are a larger policy discussion.

109

Rep. Avakian

Inquires as to what distinguishes the office from an ombudsman.

113

Kenny

Explains that an ombudsman is an advocate for people who have been violated of state law and the states they would be. Believes they would lose neutral ground in the relationship and that this would take away the element of trust they enjoy.

131

Rep. Prozanski

Asserts that if ombudsman existed within the department it would change the department. Assumes that if they did so they would need advocates and that would require additional funds.

150

Kenny

Affirms statement.

152

Rep. Nelson

Conveys this issue is of great importance to her constituents.  Asks who the ombudsman will be when this bill takes effect. Asks when the bill takes effect.

155

Patrick Brennan

Committee Administrator states it will take effect January 1, 2004

156

Rep. Nelson

Hopes he will establish a bill so that these people have an ombudsman.

166

Kenny

Remarks he would be happy to develop new bill if it interests the committee.

168

Chair Krummel

Provides history of program. Explains agreement as to how program would function. Believes the program functions well.

197

Rep. Nelson

Asks Mr. Kenny if funds could be located for an ombudsman. Provides that an ombudsman offers legal aide to those who cannot afford an attorney.

219

Chair Krummel

Closes public hearing and opens work session on HB 2170.

HB 2170 WORK SESSION

221

Rep. Prozanski

MOTION:  Moves HB 2170 to the floor with a DO PASS recommendation

   and the SUBSEQUENT REFERRAL to the committee on Ways and

   Means BE RESCINDED.                                                                                                                                             recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

223

 

VOTE:  6-0-1

EXCUSED:  1 - Kitts

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. MABREY will lead discussion on the floor.

240

Chair Krummel

Closes work session on HB 2170. Opens work session on HB 2140.

HB 2140 WORK SESSION

260

Rep. Prozanski

MOTION:  Moves HB  2140 to the floor with a DO PASS AS AMENDED

   Recommendation and the SUBSEQUENT REFERRAL to the    

   committee on Ways and Means BE RESCINDED.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       .

275

 

VOTE:  6-0

EXCUSED:  1 - Kitts

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. WIRTH will lead discussion on the floor.

295

Chair Krummel

Closes work session on HB 2140. Opens public hearing on HB 2175.

HB 2175 PUBLIC HEARING

314

Col. Mike Caldwell

Deputy Director, Oregon Military Department (OMD). Testifies in support of HB 2175. Provides written testimony (EXHIBIT C).

355

Rep. Wirth

Questions the language regarding the armory.

365

Caldwell

Responds the language is clarify the definition of the armory as some things that fall in the current category are not actually armories.

390

Rep. Wirth

Asks if changing this definition could render the armory unusable in its current form.

403

Caldwell

States he does not foresee that at all.

418

Rep. Kitts

Thanks Col. Caldwell.  Asks for rough estimate as to how many facilities to which this currently applies.

427

Caldwell

Replies thirty-eight armories, three major training areas, two air bases and two camps. States they are a large agency with regard to real estate.

TAPE 2, B

005

Caldwell

Continues to answer question.

039

Rep. Mabrey

Inquires if the measure would change any provision of the property itself.

043

Caldwell

States that the bill would change nothing about the property.

046

Rep. Nelson

Thanks Col. Caldwell for security and freedom. Asks if he could provide information as to the total owned property of the guard.

055

Caldwell

Responds that he would be happy to provide that information.

059

Rep. Nelson

Asks if facilities are shared between military branches.

064

Caldwell

Affirms.

066

Rep. Nelson

Wonders if facilities could be used for educational programs.

070

Caldwell

Provides that the Youth Challenge Program in Bend is an example of that.

089

Rep. Nelson

Asks if Col. Caldwell would consider assisting to draft a bill that would expand the use of facilities for drop outs.

094

Caldwell

States that he is more than willing to take on that challenge. Adds that the problem is not the facilities themselves, but the money necessary to run those facilities.

111

Chair Krummel

Closes public hearing and opens work session on HB 2175.

HB 2175 WORK SESSION

113

Rep. Prozanski

MOTION:  Moves HB  2175 to the floor with a DO PASS

   recommendation and the SUBSEQUENT REFERRAL to the

   committee on Ways and Means BE RESCINDED.                                                                                                         recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

115

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. NELSON will lead discussion on the floor.

125

Chair Krummel

States this is the extent of the bills.

135

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be     

   SUSPENDED to allow REP. NELSON to BE RECORDED as    

   voting AYE on HB 2052.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

140

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

159

Chair Krummel

Closes work session on HB 2052.  Opens informational meeting on local government issues.

INFORMATIONAL MEETING ON LOCAL GOVERNMENT ISSUES

163

Ken Strobeck

Executive Director, League of Oregon Cities (LOC). Gives statistics and information on various Oregon cities. States purpose of LOC. Overviews written testimony.

271

Mayor Helen Berg

Mayor of Corvallis. States the impact of economic downfall has been severe. Adds that unless the money to provide the services is available, they cannot perform their jobs. Stresses that fiscal “challenges” are in the area of operating funds, not in the area of capital.  Invites questions.

371

Rep. Wirth

Inquires as to the expectations of the Mayor for this session and of her idea of the impact of last session.

388

Berg

Answers request.

TAPE 3,B

006

Berg

Continues testimony. Provides that franchise fees are the second largest source of income in Corvallis.

017

Strobeck

Comments on the negative affect of the inability of cities to charge fees on local government.

031

Rep. Nelson

Inquires as to the burden of the Public Employee Retirement System (PERS) on cities.

035

Strobeck

Responds it is exceptionally large. States PERS is crippling cities and has caused layoffs in order for cities to pay the benefits.

044

Rep. Nelson

Asks if statistics of this are available.

050

Strobeck

Responds that each member will receive a legislative directory with information on each city.

054

Rep. Nelson

Wonders if there could be surveys that would show the types of economic  development cities desire.

067

Strobeck

Answers that he would be happy to follow up on that issue. Adds that infrastructure needs to be adequate as well.

075

Rep. Nelson

Points out that Mayor Berg should auction abandoned belongings of Oregon State University (OSU) students.

084

Mayor Berg

Responds she had not considered that. Explains that non-profit agencies do take advantage of recycling said belongings.

092

Rep. Mabrey

Points out the valuable nature of LOC. States they perform a function that is less costly than if it were the state’s responsibility. Submits that the legislature has created a burden. Expresses desire to preclude predation of local funding.

122

Chair Krummel

Refers to (EXHIBIT D). Asks what cities view as essential government services.

139

Strobeck

Explains they see them as whatever local residents ask them to provide.

145

Berg

Thanks the chair for asking that question. Lists the police departments, fire departments, libraries, and parks as essential. Indicates that for every possible fee they can charge, they do in order to relieve the property tax burdens on communities. Turns to Rep Mabrey’s earlier comments .

165

Chair Krummel

Comments on the difference is essential services at the state and local levels.

178

Tony Hyde

Columbia County Commissioner, President of Associated Oregon Counties (AOC). Provides statistics on Oregon Counties. Details life in six Oregon counties.

286

Hyde

Refers to packet (EXHIBIT E). Points out that government serves the same cities. Details shared state-county services. Explains he has included those the AOC felt were most important. Indicates the desire of the AOC to work with the legislature.

338

Bob Cantine

AOC. Provides overview of revenue in Oregon counties and its expenditure. States that services and revenue are interwoven.

TAPE 4,A

005

Cantine

Continues presentation.

026

Tony Hyde

Understands the economic reality in Oregon currently. Expresses they have endured painful cuts as well. Invites questions.

063

Rep. Prozanski

Asks if they can address action counties are taking on SB 1145 and related funding.

070

Hyde

Commits to get back to them on that issue.

077

Rep. Nelson

Thanks everyone. Tells of her goal to eliminate unfunded mandates. Expresses desire to hear from them if they encounter these. Adds she wishes to know what counties can do to be self-sufficient. Reiterates she would like to know what kinds of economic development counties are ripe for.

105

Rep. Mabrey

Comments on Rep. Nelson’s statement.

123

Rep. Nelson

Expresses concern with regard to state action on issues of mental health and security.

137

Hyde

Remarks with regard to Rep. Nelson’s earlier comments on the separation of county and state governments stating he finds it ultimately impossible, and restates the AOC is not advocating that, and reiterates that is not something counties want. States his hesitation to respond in any other way.

150

Rep. Nelson

Clarifies, asks how county services can be made efficient without the burden of the state.

159

Hyde

Responds that block grants are helpful in allowing counties flexibility as well as limiting state investment in overhead.

162

Chair Krummel

Inquires how much state agencies withhold in terms of administrative costs when an agency is not involved in providing the service the county provides.

174

Cantine

Answers that this varies by agency.  Adds that although this is not the best analysis, the figure is in the eight-to-ten percent range in addition to overhead costs from the program. Provides that the Department of Corrections (DOC) as an example of an agency with clean overhead costs.

197

Chair Krummel

States he shares the concerns Rep. Prozanski voiced earlier.

200

Cantine

Comments that the budget they have currently says the state will no longer fund 8,000 offenders.

209

Chair Krummel

States this is why he was not in favor of SB 1145 when it came up. Requests information on state and federally qualified Medicare and Medicaid providers and the types of services that they provide. Comments on the expectation of counties in reimbursement.

240

Hyde

Reiterates that services will disappear as budget issues worsen.

256

Rep. Nelson

Voices concern about the Governor’s role in releasing the imprisoned.

266

Chair Krummel

Identifies that his understanding is that sentences will have to be completed although the DOC can modify behavioral corrections ending in early release. Comments that because there is no money to carry out services, the counties are left responsible when prisoners are released.

296

Rep. Nelson

Expresses distress as to the inability of the treasury to reserve funds.

311

Chair Krummel

Thanks audience and presenters. Closes informational meeting. Adjourns at 10:47 AM.

 

EXHIBIT SUMMARY

 

A – HB 2140, prepared testimony, Roy Turnbaugh, 1 p 1

B – HB 2170, prepared testimony, Jack Kenny, 2 pp

C – HB 2175, prepared testimony, Colonel Mike Caldwell, 2 pp

D – Informational, (LOC), Ken Strobeck, 47 pp

E – Informational, (AOC), Tony Hyde, 15 pp