HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

January 28, 2003   Hearing Room D

8:30 AM     Tapes  7 - 9

 

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

 

MEMBER EXCUSED:             Rep. Kelley Wirth

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURE/ISSUES HEARD:            -HB 2131 – Public Hearing

                                                -HB 2246 – Public Hearing

                                                -HB 2169 – Public Hearing and Work Session

                                                -HB 2239 – Public Hearing

                                                -HB 2281 – Public Hearing

 

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 7, A

004

Chair Krummel

Calls meeting to order at 8:33 AM. States the committee will not be hearing HB 2278. Opens public hearing on HB 2131.

HB 2131 PUBLIC HEARING.

010

Patrick Brennan

Reads Staff Measure Summary (SMS).

022

Chair Krummel

Notes the bill is not scheduled for a work session.

033

Pat Clancy

Chair, Municipal Debt Advisory Commission (MDAC). States purpose of the agency. Testifies in support of HB 2131. Explains the purpose of the ‘full faith and credit’ section of HB 2131. Points out the requirements they have eliminated in the bill.

108

Harvey Rogers

Partner, Preston, Gates, and Ellis. Explains the court’s jurisdiction regarding Ballot Measures 5 and 50.

151

Rep. Nelson

Comments on the absence in enforcing legislative intent in the measure. Asks if the requesters have acknowledged the administrative rules.

159

Rogers

Answers the bill deals with an area of law that is relatively free of administration. Adds that the statutes deal mainly with borrowings of local governments.

172

Rep. Nelson

Inquires if mandates are present in the measure.

175

Clancy

Responds that there are no mandates.

178

Chair Krummel

Refers to the section of the measure that involves councils of governments with regard to municipal planning organizations (MPOs).

182

Rogers

Explains that councils of government are groups that get together to share costs. Adds that those groups cannot operate as a group to borrow money, and the bill allows for that.

199

Chair Krummel

Poses question regarding bonds.

207

Clancy

Responds that the bonds are for capital purposes. Details purposes of different bonds relating to this.

232

Rogers

Clarifies the meaning of ‘full faith and credit’.

240

Rep. Nelson

Inquires as to the entities that support this change.

245

Clancy

Explains that different agencies have brought different changes. Lists the Association of Oregon Counties (AOC), League of Oregon Cities (LOC), and school districts as examples of parties involved. Adds that he can direct her as to who was involved with particular parts of the measure.

259

Rep. Nelson

Inquires if Mr. Clancy has documents of those who have endorsed the bill.

266

Rogers

Elaborates that the bill has two pieces; one, an interesting piece, and the other, a boring piece. Provides that the majority of the bill is largely created by bond lawyers and finance professionals. Includes the Port of Portland, Oregon Department of Transportation (ODOT), City of Portland, and TRIMET as parties in favor of the ‘interesting piece’.

308

Clancy

Adds that minutes of those meetings are available.

311

Rep. Nelson

States she would appreciate a list of those endorsers.

328

Tom Johnson

Senior Manager, Debt Management, Port of Portland. Testifies in support of HB 2131. Submits this is an important issue of debt management. Provides that Portland International Airport currently has one-half billion dollars in outstanding debt. Points out their credit standing is good. Explains that by lowering interest by one- half percent, one-half million dollars will be saved a year.

364

Rep. Nelson

Asks why the measure has been so slow to come.

366

Johnson

Responds and adds there is a good body of support for the measure.

392

Chair Krummel

Closes public hearing on HB 2131. Opens public hearing on HB 2246.

HB 2246 PUBLIC HEARING

405

Brennan

Reads SMS.

TAPE 8, A

010

 

Bill Carpenter

Information Services Division (ISD), Oregon Housing and Community Services Department (OHCS). Presents (EXHIBIT A). Testifies in support of HB 2246. States the bill has no fiscal impact.

075

Rep Prozanski

Asks about the availability of client information.

082

Carpenter

Responds there is no client information in the model.

085

Rep. Prozanski

Clarifies that personal information of individuals is not available to others.

089

Rep. Nelson

Adds to clarification.

091

Carpenter

Reiterates that the department does not keep personal information of individuals.

093

Rep. Nelson

Inquires what information they do have if it is unavailable to public.

095

Carpenter

Explains OHCS tracks housing stock to forecast future need for housing.

101

Rep. Nelson

States that communications are the only thing that have decreased in price.

111

Carpenter

Comments that cost is dependent on the product and the manufacturer.

122

Rep. Nelson

Requests the projection of revenue that will be brought in by the measure.

125

Carpenter

Answers that he does not know, but will find out.

128

Rick Crager

Housing Department. Answers that $16,500 in total revenue is forecasted.

137

Rep. Nelson

Asks if this information is available to the public.

142

Crager

States the information is absolutely available to public and private citizens.

145

Rep. Avakian

Questions whether OHCS plans to develop new products oriented towards the specific needs of buyers, or to sell the existing products.

149

Carpenter

Answers they will create new products in addition to the existing ones.

153

Rep. Avakian

Inquires about a marketing plan.

155

Carpenter

Replies that there are no plans to market the products.

158

Chair Krummel

Assumes revenue returns to the department where is it appropriated.

163

Crager

Anticipates revenue will reimburse the costs.

174

Chair Krummel

Expects the department trademarks the product.

176

Carpenter

Concurs and provides it is copyrighted.

178

Chair Krummel

Requests information on the software platform.

180

Carpenter

Provides that Microsoft Excel is used.

182

Chair Krummel

Requests the actual cost of development to the department.

197

Crager

Provides different figures.

205

Chair Krummel

Concludes that the revenue impact does not cover development costs, so there is an expenditure impact.

208

Crager

Explains that the software is already in place, therefore revenue reimburses past expenses.

210

Chair Krummel

Points out cost of development.

220

Crager

Responds that it is not their plan to continually develop or market the products.

226

Carpenter

Adds to that.

228

Chair Krummel

Asks if the department contracts with private software developers.

230

Carpenter

Explains what the staff developed and what is third-party.

236

Chair Krummel

Asks if the Information Technology (IT) department approves.

246

Carpenter

Answers he spoke with Gene Newton Department of Administrative Services (DAS) and adds he had interest in the project.

252

Rep. Nelson

Wonders if real estate agencies can purchase the product.

253

Carpenter

Affirms.

254

Chair Krummel

Clarifies further.

264

Carpenter

 Affirms.

266

Jim Mulder

City of Woodburn. Testifies in favor of HB 2246. States this model was used in the city of Woodburn, and helped the city avoid the cost of creating their own models.

295

Chair Krummel

Asks if they found the model reliable in the field.

297

Mulder

States it was not perfect, but that it was useful. Adds it provides equality for jurisdictions.

311

Chair Krummel

Requests if they paid at cost to the department.

313

Mulder

States it was provided for free to city.

314

Chair Krummel

Closes public hearing on HB 2246. Opens public hearing on HB 2169.

HB 2169 PUBLIC HEARING

316

Bob Gillespie

Housing Division Administrator, OHCS. (EXHIBIT B). Testifies in favor of HB 2169.

TAPE 7, B

005

Gillespie

Continues testimony. Lists advantages of the bill with regard to housing and adds there will be no additional cost to the state.

057

Chair Krummel

Inquires about fiscal impact.

059

Gillespie

States there is none.

064

Chair Krummel

Poses question regarding the Commodore in Pendleton and commercialization.

070

Gillespie

Explains how it was executed.

084

Chair Krummel

Requests whether projects have been successful.

087

Gillespie

States all are on track with their business plans.

093

Chair Krummel

Poses question regarding commercial and small businesses in regard to business spaces.

107

Gillespie

Offers it has been the predilection of developers to offer spaces to commercial business.  Provides there is no reason a portion could not be apportioned to small business.

121

Chair Krummel

Comments it would be interesting to see an example of combining the commercial and small business realms.

134

Rep. Nelson

Asks how many units of low cost housing are necessary to end homelessness.

136

Gillespie

Elaborates on the different ways of counting the figures. States the demand is significantly beyond the capability at this time.

142

Rep. Nelson

Poses question regarding risk.

154

Gillespie

Explains there is risk because loans cover the entire property.

163

Rep. Nelson

Asks him to elaborate.

170

Gillespie

Explains there are a number of factors. Uses location, acquisition rehabilitations, and new construction as examples.

177

Rep. Nelson

Requests information on previous defaults they are aware of.

183

Gillespie

Answers there have been no defaults. Comments on how he views affordable housing.

199

Chair Krummel

Closes public hearing and opens work session on HB 2169.

HB 2169 WORK SESSION

205

Rep. Prozanski

MOTION:  Moves HB 2169 to the floor with a DO PASS recommendation.

208

 

VOTE:  6-0

EXCUSED:  1 - Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. MABREY will lead discussion on the floor.

215

Chair Krummel

Closes work session on HB 2169. Opens public hearing on HB 2239.

HB 2239 PUBLIC HEARING

225

Eriks Gabliks

Training Division Director, Department of Public Safety Standards and Training. Testifies in favor of HB 2239 (EXHIBIT C).

248

Rep. Avakian

Infers that citizenship statutes will ensure greater safety.

250

Gabliks

Answers there is no way to ensure safety. Continues regarding background investigations.

265

Rep. Avakian

Questions the need for the bill.

275

Gabliks

Uses example of 9-1-1 operator to explain.

292

Rep. Avakian

Questions that the bill is related to an employee’s ability to perform.

295

Gabliks

Explains it is a hiring standard.

298

Rep. Avakian

Requests the process in attaining citizenship that makes one more eligible or qualified to perform the functions of the job.

304

Gabliks

Explains that a person’s citizenship illustrates they have gone through steps to be citizen and will be carrying out laws of the United States. Adds this is a requirement for police officers.

321

Rep. Avakian

Observes those are terrific qualities for anyone in public service, but requests the particular need for these employees to have them.

336

Gabliks

Explains further indicating the necessity of background checks for employees in these areas.

350

Rep. Prozanski

Clarifies his statement.

360

Gabliks

Affirms.

361

Rep. Prozanski

Lists people that are not required to have citizenship.

367

Gabliks

Confirms. Explains training and certification further.

380

Rep. Prozanski

Poses question with regard to telecommunications.  Asks what tasks telecommunicators do that separate them from others.

390

Gabliks

Explains that telecommunications are recent addition to this.

TAPE 8, B

003

Gabliks

Explains that the process is evolving so that requirements can be similar.

009

Rep. Prozanski

Asks if he is familiar with non-citizens service in the national guard.

015

Gabliks

Replies he is not.

019

Rep. Prozanski

Inquires if he would be surprised by the fact that they can serve.

021

Gabliks

Responds he is surprised.

022

Rep. Prozanski

Informs of cases like this with regard to equal protection.

025

Gabliks

Responds of his familiarity with some of those issue. Differentiates between the issues.

028

Rep. Prozanski

Inquires if he sees an equal protection claim with this situation.

032

Gabliks

Sees that this would be a requirement to be eligible for the job.

037

Rep. Prozanski

Responds to this concerning case law.

043

Gabliks

States the reasoning for requiring background checks.

050

Rep. Prozanski

Asks if background checks will be better because employees are United States citizens.

055

Gabliks

Believes the agencies will have better abilities with this.

058

Rep. Prozanski

Voices disagreement with the last statement and explains.

065

Rep. Nelson

Voices concern as to non-citizens already in the positions. Requests Mr. Gabliks to respond to her office with how those situations are to be handled.

075

Gabliks

Responds to this.

087

Mary Botkin

Association of Federal, State, County, and Municipal Employees (AFSCME) Council 75. Voices concern with the background checks for non-citizens. Testifies against HB 2239 because there is no demonstrated problem. Adds they are unsure which employees are non-citizens. Provides they use interpreters, and some are probably legal non-citizens. States she finds it “appalling” that individuals could fight for the United States yet not work for 9-1-1. Offers that American citizens commit terrorism too. States that citizenship does not demonstrate loyalty.

131

Rep. Kitts

Clarifies if Rep. Prozanski’s earlier statement applies to all branches of military. Asks Mr. Gabliks if police, sheriffs, and troopers are in support of the bill.

141

Gabliks

States he shared the bill with all constituents and there was no opposition.

143

Rep. Kitts

Inquires if they were in favor of the bill.

144

Gabliks

Responds he is unsure.

146

Rep. Kitts

Voices concern in the application of a statute with no retroactive effect. Asks if he is concerned with continuity and if he sees a problem.

155

Gabliks

Responds by explaining the process. 

185

Rep. Kitts

Restates his earlier question with regard to statute.

192

Gabliks

Reiterates the bill was just evolving the process of requirements for all 9-1-1 employees. Offers that currently employed non-citizens probably could not be removed from their jobs.

209

Botkin

Comments on this statement. Reiterates she would like to see documented evidence that this is an issue of concern.

 

 

Additional written testimony on HB 2239 submitted by Robyn Steely, Service Employees International Union (SEIU) Local 49 (EXHIBIT D).

235

Chair Krummel

States there will be no work session as there is a constitutional problem with bill. Closes public hearing on HB 2239. Opens public hearing on HB 2281.

HB 2281 PUBLIC HEARING

274

David Alsup

Board member, Elk Creek Action Committee (ECAC). Testifies in favor of HB 2281. Begins discussion on non-point source pollution. States it adds burden and does away with small farms.

338

Rep. Avakian

Sympathizes, appreciates their presence. Observes the State’s motto, “She flies on her own two wings”. Appears that states rights are shed by the bill

356

Alsup

Responds to this.

371

Rep. Avakian

Understands that the bill applies to state agencies, but wonders if it applies to others.

382

Alsup

Answers that is something they would like to work on.

TAPE 9, A

004

Alsup

Continues.

013

Marilyn Kittelmen

Planning Commissioner, Douglas County. Testifies in favor of HB 2281. Relates the bill to statute. Lists factors affecting individuals. Voices opinion on the Oregon Supreme Court.

069

James Mast

ECAC and Oregon Family Farms Association (OFFA). Testifies in favor of HB 2281.  Voices opinion on rules and policy in Oregon. Believes the state is infringing on the right to buy property and build a home with regulation. References the Clean Water Act. Discusses non-point source pollution.  Comments on pesticide law. States these are all unnecessary regulations.  Believes it is a common sense bill.

131

Kittelmen

Comments.

136

Rep. Nelson

States she is grateful to former Rep Hayden for the bill.

143

Alsup

Comments.

148

Chair Krummel

Concludes the committee will continue hearing the bill on Thursday, January 30, 2003

152

Rep. Kitts

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KITTS to BE RECORDED as voting AYE on the MOTION:  Moves HB 2169 to the floor with a DO PASS recommendation.

156

Chair Krummel

Closes voting. Adjourns meeting at 10:32 AM.

 

EXHIBIT SUMMARY

 

A – Written Testimony on HB 2246, Bill Carpenter, 2 p

B – Written Testimony on HB 2169, Bob Gillespie, 2 p

C – Written Testimony on HB 2239, Eriks Gabliks, 2 p

D – Written Testimony on HB 2239, Robyn Steely, 1 p