HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

January 30, 2003   Hearing Room D

8:30 AM Tapes  10 - 11

 

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

 

 

MEASURES HEARD: HB 2281 – Public Hearing

                                                HB 2250 – Public Hearing

                                                HB 2317 – Public Hearing and Work Session

                                                HB 2321 – Public Hearing and Work Session

 

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 10, A

004

Chair Krummel

Calls meeting to order at 8:38 AM. Announces that HB 2281 will not have a work session today. Opens public hearing on HB 2281.

HB 2281 PUBLIC HEARING

023

Cindy Becker

Department of Administrative Services (DAS). Testifies against HB 2281. Lists concerns with the bill.

060

Rep. Nelson

Asks that Ms. Becker provide information regarding the federal mandates of the bill.

087

Liz Frenkel

League of Women Voters (LWV). Provides written testimony (EXHIBIT A). Indicates LWV opposition of HB 2281. Lists specific reasons LWV opposes the bill.

154

Lynn-Marie Crider

American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Offers explanation of why AFL-CIO opposes HB 2281. Provides conflict areas of the bill.

229

Rep. Nelson

Asks this is an area of AFL-CIO employment where leniency in federal laws is needed.

244

Crider

Provides different ways that AFL-CIO presents ideas to the federal government regarding changes for employers.

264

Rep. Nelson

Inquires whether there are federal mandates that AFL-CIO felt there were no need for.

271

Crider

Replies that she does not believe so.

280

Matt Blevins

Legislative Affairs Director, Oregon Environmental Council (OEC). States purpose of the OEC. Adds OEC opposes the measure. Urges committee not to adopt the bill for Oregonians.

312

Rep. Kitts

Asks if any testimony is in favor of HB 2281.

317

Chair Krummel

Responds he is unsure.

320

Randy Harnisch

Oregon Department of Education (ODE). States ODE opposes HB 2281. Provides areas of concern regarding food safety inspections. Voices concern that higher safety standards are at risk.

353

Rep. Nelson

Requests that Mr. Harnisch provide a list of possible federal mandates ODE does not feel need state changes.

362

Harnisch

Replies he will.

366

Greg Addington

Oregon Farm Bureau (OFB). Supports HB 2281. Reminds committee this bill is dealing with rules and not with statute. Testifies from an agricultural standpoint.  

TAPE 11, A

003

Addington

Lists advantages of the bill. Concludes by referencing the business climate of the state.

013

Katie Fast

 Oregon Cattlemen Association (OCA). Testifies in favor of HB 2281. Believes that the federal government has regulations in place, and that additions to these are unnecessary. Lists reasons including non-point source pollution.

038

Rep. Prozanski

References an agriculture cases and asks if there would have been an appeal due to the bill.

040

Fast

Predicts those involved may have challenged the decision.

045

Rep. Nelson

Requests that her testimony be put in writing, including the costs of various superfluous state rules so the committee can better understand the burden.

055

Fast

Answers she will try.

057

Chair Krummel

Asks if the earlier mentioned case was in federal court.

059

Fast

Responds it was the Baker court.

061

Chair Krummel

Inquires if the parties are open to amendments.

063

Fast

Offers that OCA is interested in seeking a common ground on the issue.

068

Addington

Adds OFB would do so as well.

070

Chair Krummel

Concurs.

072

Jennifer Flynt

Audubon Society of Portland. Testifies against HB 2281 (EXHIBIT B). Lists reasons for opposition.

106

Randy Tucker

Legislative Coordinator, 1,000 Friends of Oregon. Introduces the organization and provides its history. Testifies against HB 2281 with regard to constitutionality and land use planning.

135

Chair Krummel

Asks if he is suggesting that it would be federally unconstitutional to pass the bill.

140

Tucker

Answers not necessarily, but adds that ceding state power is unnecessary.

148

Rep. Nelson

States she did not observe the bill was superseding anything.

153

Tucker

Explains it is unclear what this bill would allow states to do. States it seems unnecessary.

172

Chair Krummel

Refers committee to written testimony of Dan Gardner, Commissioner, Oregon Bureau of Labor and Industries (EXHIBIT C).

175

Rep. Prozanski

Comments on written testimony.

185

Chair Krummel

Explains that tapes of the meeting can be obtained.

187

Rep. Nelson

Discusses testimony and questions whether witnesses should provide written testimony for the committee.

193

Chair Krummel

Explains it is recommended, but not required.

196

Rep. Kitts

Comments on written testimony.

201

Rep. Nelson

Points out the value of written testimony.

204

Chair Krummel

Closes public hearing on HB 2281. Opens public hearing on HB 2250.

HB 2250 PUBLIC HEARING

216

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS).

234

Beverlee Venell

Director, Oregon Emergency Management (OEM).  Provides overview on HB 2250 (EXHIBIT D).  

279

Rep. Prozanski

Makes clarification of the plan.

283

Venell

Explains that the plan stays in effect regardless of placement of OEM.

288

Rep. Kitts

Asks if OEM is creating or consolidating.

291

Venell

Answers OEM is changing to become a member of the Governor’s Cabinet.

302

Rep. Mabrey

Assumes there is no tremendous funding impact with the bill.  Wonders if there will be a change on the local level as to handling of emergency management

318

Venell

Responds that the bill will require $238,000 and elaborates on the funding.  Explains the OEM relationship with the locals would not change.

340

Rep. Kitts

Asks if Oregon State Police (OSP) supports the action.

342

Venell

Replies they have had conversations.

350

Rep. Kitts

Confirms a fiscal impact exists.

352

Venell

Affirms and states $238,000.

361

Rep. Nelson

Questions OSP support for the bill.

363

Venell

Thinks OSP would like a more thorough analysis of the fiscal impact.

372

Rep. Avakian

Asks if OEM anticipates the ability to create new partnerships due to the heightened status of the department.

380

Venell

Thinks the relationships exist. Believes OEM is well connected with the federal government.

401

Hasina Squires

Oregon Chapters of Association of Public Safety Communications (APCO) – National Emergency Number Association (NENA). Testifies that both agencies support the bill despite the fiscal impact.

TAPE 10, B

005

Squires

States the OEM is a top notch agency. 

015

Mary Botkin

Association of Federal, State, County, and Municipal Employees (AFSCME) Council 79.  Testifies in favor of HB 2281. Points out this does not solely involve terrorism, as it also involves local emergencies in communities that need assistance. Reiterates she is very supportive of the agency and the bill.

076

Chair Krummel

Suggests that terrorist attacks are not the focus, and the change has more to do with natural disasters.

080

Botkin

Concurs.

091

Rep. Prozanski

Asks if the department is currently under executive order.  Asks what union the employees are represented by.

097

Botkin

Answers who they are represented by. Expects they have government support on this change.

103

Rep. Prozanski

Requests if 9-1-1 dispatch is under the same system.

107

Squires

Explains how the agencies are operated. Adds that OEM contains the  9-1-1 program.

124

Rep. Prozanski

Realizes that OSP also has a dispatch, and asks if there is a disconnect.

131

Squires

Responds to this.

133

Rep. Prozanski

Voices concern that emergency centers are not always efficient. Remarks on the authority of local emergency centers.

145

Squires

Voices hopes for the change in status.

153

Rep. Prozanski

Asks if OEM will be better heard by comminutes if the change occurs.

155

Squires

Explains the action eliminates the middle man so OEM can operate directly with the governor instead of going through OSP.

169

Rep. Prozanski

Inquires who will be in control of the centers.

176

Squires

Answers that nothing will change with regard to those roles and jurisdiction.

184

Botkin

Offers that their hope is to have continued standardization in response regardless of rural or metropolitan communities. Adds there will be no change in day-to-day function, but that in case of crisis, someone will be in charge.

215

Rep. Prozanski

Seeks to understand the disconnect as it pertains to defense and local issues.

232

Squires

Wishes to speak with him further on this.

235

Chair Krummel

States his plan to work on this further.

250

Rep. Prozanski

Comments on this.

252

Chair Krummel

Closes public hearing on HB 2250. Opens public hearing on HB 2317.

HB 2317 PUBLIC HEARING

257

Brennan

Reads SMS.

263

Greg Chaimov

Legislative Counsel (LC). Explains the two bills are efforts to fix glitches. Explains the changes made by HB 2317 (EXHIBIT E).

297

Chair Krummel

Comments on this.

312

Rep. Nelson

Asks when the commission in HB 2317 was established.

316

Chaimov

States he is unsure.

319

Brennan

Committee Administrator. Offers that it was created in 1949.

322

Chair Krummel

Adds to this and provides history of the commission.

334

Rep. Nelson

Asks if the purpose of the commission was different at its origin.

337

Chaimov

States he is unsure.

339

Rep. Nelson

Inquires if the capital fund will pay for this.

341

Chaimov

Negates.

342

Rep. Nelson

Requests who will pay.

345

Chaimov

States he is unsure.

348

Chair Krummel

Close public hearing and opens work session on HB 2317.

HB 2317 WORK SESSION

353

Rep. Prozanski

MOTION:  Moves HB 2317 to the floor with a DO PASS recommendation.

355

Rep. Nelson

Discusses the bill.

366

Chaimov

Clarifies.

370

Rep. Nelson

Asks who is in charge of the commission.

373

Chaimov

Believes the commission runs itself.

375

Rep. Nelson

Clarifies she would like to know who is in charge of the commission.

382

Rep. Prozanski

Clarifies that this measure was introduced by LC and done so reduce  redundancy and clarify the number of members on the commission.

TAPE 11, B

003

Chaimov

Concurs that is its entire purpose.

008

Rep. Nelson

States she will vote ‘yes’ as a courtesy.

009

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

015

Chair Krummel

Closes work session on HB 2317.  Opens hearing on HB 2321. 

HB 2321 PUBLIC HEARING

019

Brennan

Reads SMS.

021

Chaimov

LC. Explains HB 2321 (EXHIBIT F). States changes make it easier to read.  Clarifies who collects the fees involved.

036

Chair Krummel

Closes public hearing and opens work session on HB 2321.

HB 2321 WORK SESSION

040

Rep. Prozanski

MOTION:  Moves HB 2321 to the floor with a DO PASS recommendation.

042

Rep. Nelson

States she is unfamiliar with the bill.

050

Chair Krummel

Explains the purpose for the bill.

065

Rep. Nelson

Clarifies that she likes to fully understand the bills she votes for. Adds she will vote ‘yes’ as a courtesy.

070

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

074

Chair Krummel

Closes work session on HB 2321. Adjourns meeting at 10:15 AM.

 

EXHIBIT SUMMARY

 

A – HB 2281 Testimony, Liz Frenkel, 1 p

B – HB 2281 Testimony, Sybil Ackerman, 1 p

C – HB 2281 Testimony, Dan Gardner, 5 p

D – HB 2317, Greg Chaimov, 1 p

E – HB 2321, Greg Chaimov, 1 p