HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

March 20, 2003   Hearing Room D

8:30 AM   Tapes 37 - 39

 

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

 

MEASURES:                          HB 2739 – Public Hearing

                                                HB 2974 – Public Hearing

                                                HB 3101 – 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 37, A

004

Chair Krummel

Calls meeting to order at 8:43 AM. Opens public hearing on HB 2739.

HB 2739 PUBLIC HEARING

008

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS) on HB 2739.

015

Rep. George Gilman

House District 55. Testifies in favor of HB 2739. Provides the committee with a map of state owned land in the Crook County area (EXHIBITS A and B). States the land will not include the state park.

035

Chair Krummel

Asks how many acres are represented by the land available in EXHIBIT A.  

040

Rep. Gilman

Notes the only land he has researched is in and around Prineville. Encourages other legislators to consider land in their own districts.

047

Chair Krummel

Asks how many of the parcels are spoken for.

050

Rep. Gilman

Explains the Division of State Lands (DSL) conducts the inventory and answers the properties are available.

057

Rep. Mabrey

Asks who determines whether the land is good for public use.

062

Rep. Gilman

Answers DSL and other agencies do.

072

Rep. Nelson

Clarifies as to who should make the decision on land sale and lease.

076

Rep. Gilman

Answers the agencies should decide whether property should be made available.

087

Rep. Nelson

Clarifies that a complete list of all property owned by the state is available.

093

Rep. Gilman

Explains he is working with DSL currently to find surplus land.

097

Rep. Nelson

Clarifies there is not a lists of available land readily available.

101

Rep. Gilman

Responds that he is unsure.

105

Rep. Prozanski

Requests if Rep. Gilman could suggest a mechanism the legislature could give agencies to use for property sales.

114

Rep. Gilman

Believes the state should sell land when it no longer sees a use for it and not because of the market at the time.

127

Chair Krummel

Comments with regard to process of offering land to state agencies before the public sector. Asks if this should be addressed by the bill.

138

Rep. Gilman

Welcomes the committee to make changes it sees fit. Believes there should be a way to expedite the process.

150

Jeanette Holman

Assistant Director, DSL. Comments on state trust lands.

187

Rep. Kitts

Concurs with the sentiment of his colleagues on the lands owned by the state. Believes sale of state land no longer needed should not be contingent on market value. Refers to EXHIBIT A and poses question.

195

Holman

Responds that she is unsure how long the state has owned land.

200

Rep. Kitts

Clarifies.

205

Holman

Explains further.

210

Rep. Nelson

Asks if each agency has to be asked about available land.

221

Holman

Explains that DSL has records of land available and also has a mapping system for state owned lands.

247

Chair Krummel

Poses question regarding the purpose of common school lands.

263

Holman

States she is unsure.

271

Rep. Nelson

Asks if a member of DAS is present.

274

John Wales

Manager of Property Sales, DAS.

280

Rep. Nelson

Expresses concern there is not a list of state lands available. Asks if one exists.

285

Wales

Responds DAS does have a list of all state agency lands. Speaks to the process of offering state lands. Notes he is unsure if the list is current.

302

Rep. Nelson

Clarifies there is a list of all property owned and leased.

304

Wales

Affirms.

305

Rep. Nelson

Restates earlier question.

321

Wales

Explains DAS has a list of all property state owns. Notes it does not keep track of current market value of the property.

341

Rep. Nelson

Asks if the purchase value is known

343

Wales

Affirms.

347

Rep. Prozanski

Comments on the process already implemented concerning the jurisdiction of property.

365

Wales

Explains every agency determines what property it needs and then informs DAS. Continues explanation of the process of acquisition.

387

Rep. Prozanski

Asks if there is a procedure involving state lands involving the general public for recreational purposes.

TAPE 38, A

005

Wales

Answers there are properties available depending on the agency.

012

Rep. Kitts

Clarifies the process of availability.

015

Wales

Explains the process.

021

Rep. Kitts

Asks if the property is then exchanged because the state owns all the land. Poses situation.

031

Wales

Believes the example is a fair assessment.

035

Rep. Mabrey

Speaks to the lands available. Comments on land management. Asks if there is the opportunity for public citizens to place offers on property.

061

Wales

Explains there is no formal process although the opportunity exists.

071

Rep. Nelson

Wonders if all renters are current.

075

Wales

Clarifies the land DAS charges to agencies.

080

Rep. Nelson

Notes the price on square footage.

090

Wales

Speaks to the rate per square footage charged by other agencies in Oregon.

096

Rep. Avakian

Requests Mr. Wales to comment on the word change set out by the bill.

101

Wales

Explains there is no fiscal impact to DAS in making the change. Speaks to the disposition program DAS has. Explains DAS does not control agency decisions regarding property. Comments the bill would remove discretion regarding land. Notes there may be some properties that cost more to dispose of than to keep.

140

Chair Krummel

Requests that Mr. Wales work with Rep. Gilman and Committee Staff to expedite process and to ensure agencies fare well.

155

Wales

Affirms.

160

Chair Krummel

Closes public hearing on HB 2739. Opens public hearing on HB 2974.

HB 2974 PUBLIC HEARING

165

Patrick Brennan

Reads SMS on HB 2974.

170

Rep Prozanski

House District 8. Testifies in favor of HB 2974. Explains the bill. Notes there are mixed opinions on the measure.

195

Wayne Schulz

Lane County. Testifies in favor of HB 2974 representing Oregon veterans (EXHIBIT C). Speaks on identity theft.

235

Rep. Nelson

Voices concern that certain individuals may need to access the records.

242

Schulz

Clarifies.

247

Rep. Nelson

Explains further.

252

Schulz

Notes the process that occurs when veterans become deceased.

264

Rep. Nelson

Assumes that all veterans do not have a personal representative.

276

Schulz

Voices concern that the information is currently available to everyone and would like to see more measures taken to protect that.

284

John Mangis

Department of Veterans Affairs (DVA). Explains the problems with identity theft.  

TAPE 37, B

010

Charles Stern

Yamhill County Clerk. Identifies the materials he has provided (EXHIBITS D, E, and F).  Speaks to the issue of identity theft of veterans. Explains he is unsure of how to deal with the problem. Summarizes the issues of concern the counties share.

081

Chair Krummel

Asks if an amendment was created and the bill passed, what would occur.

087

Stern

Explains there will be a price to removing the information.

092

Rep. Nelson

Asks if a certain form can be obtained.

097

Stern

Notes it is a public document. Lists marriage records and liens as information also available as public record.

105

Rep. Nelson

Comments on lists being sold. Asks if the information is sold.

114

Stern

Answers in some cases the information is sold and explains.

130

Tom Gallagher

(ONPA). Testifies against HB 2974. Notes the importance of keeping certain information available due to public security issues.  Admonishes that the general purpose of public record be considered.

171

Rep. Nelson

Notes that veterans are in need of protection as targets of terrorists.

185

Gallagher

Responds targets are innumerable.

 

Diane Cilenti

Submits written testimony on HB 2974 (EXHIBIT G).

193

Chair Krummel

Closes public hearing on HB 2974. Opens public hearing on HB 3101.

HB 3101 PUBLIC HEARING

198

Patrick Brennan

Reads SMS on HB 3101.

211

Suzanne Brownlow

Testifies in favor of HB 3103 (EXHIBIT H). Describes situations of pornography abuse and availability. Speaks to pornography blocking filters to protect children. Believes tax dollars should not be spent on institutions that provide access to pornography. 

300

Rep. Avakian

Poses question regarding wording of the bill.

305

Brownlow

Wants the term ‘offensive’ to be changed to ‘material that has been deemed harmful to children’. Explains courts have already used the term.

315

Rep. Avakian

Asks who determines which material is ‘deemed harmful’.

320

Brownlow

Refers him to the information provided in EXHIBIT H.

330

Chair Krummel

Asks if Rep. Avakian’s questions were satisfied.

331

Rep. Avakian

Answers no.

335

Brownlow

Believes the public library is not a place where children should have to be protected from illegal pornography. Comments on the amount of material available.

348

Chair Krummel

Remarks.

352

Brownlow

Discusses the restriction of information available to children. Speaks to a library’s policy of signatures required to use a computer. Describes her own situation. 

TAPE 38, B

003

Robert Ekstrom

Constitution Party of Oregon. Testifies in favor of HB 3101 (EXHIBIT I). Relates the American military’s current situation to illustrate the attempt to protect children from pornography.  Lists arguments against the bill. Notes the reason to propone the measure being the protection of the minds of children.

062

Rep. Betsy Close

House District 15. Testifies in favor of HB 3101 (EXHIBIT J). Describes situations of her own encounters with pornography at public libraries. Believes public computers should not be available for the material.

099

Rep. Prozanski

Asks if Rep. Close has spoken with Legislative Counsel (LC) about constitutionality of the bill.

104

Rep. Close

Responds she has not received a letter from LC indicating a potential problem.

108

Rep. Nelson

Concurs with the opinions of Rep. Close and the proponents of the bill. Asks if the libraries could be accountable for the delinquency of individuals.

115

Rep. Close

Responds the issue is contentious and believes it will spur discussion and debate.

128

Rep. Kitts

Poses situation regarding the development of photographs and pornography.

151

Rep. Close

Responds that those situations involve private businesses and because the issue is of public places and obscenity.

162

Rep. Kitts

Notes the public library carrying problem books. Expands on matters of protection.

174

Rep. Close

Responds regarding filtration and boycotts due to lack of protection.

185

Rep. Kitts

Responds he supports the bill.

188

Norma Rich

Concerned Women of America (CWA) of Oregon. Testifies in favor of HB 3101 (EXHIBIT K). Notes she is not anti-library as a former employee. Lists the reasons for the need of the legislation. Provides statistics on sexual predation. Points out libraries have been sued under Title VII for the issues. Offers fourteen states have taken action on the issue.

230

Marie Hyde

American Mothers of Oregon.

235

Chair Krummel

Notes that Mrs. Hyde has received the title ‘Mother of the Year’.

240

M. Hyde

Testifies in favor of HB 3101 (EXHIBIT L). Notes pornography can be related to cigarette and alcohol programs to target the youth. Notes the presence of pornography figures on the American Library Association (ALA). Notes the ALA also receives funds from the pornography industry.

352

Paul Hyde

Father, Grandfather. Testifies in favor of HB 3101. Explains how his family filters the internet. Speaks to freedom of expression versus protection issues.

TAPE 39, A

003

P. Hyde

Equates porn with termites.

010

Lou Beres

Executive Director, Christian Coalition of Oregon. Testifies in favor of HB 3101 (EXHIBIT M). Speaks to the importance of protecting the citizens of Oregon with wholesome public policy. Believes the Oregon legislature has the duty to protect children from pornography in libraries.

080

Nan Heim

Oregon Library Association (OLA). Testifies in opposition to HB 3101. Notes the fiscal impact at around one half million dollars. Submits decision should be made at the local level.

118

Andrea Meyer

American Civil Liberties Union (ACLU). Testifies in opposition of HB 3101. Believes the bill has constitutional issues. Provides statistics on those accessing the internet at libraries. Informs of a Supreme Court decisions on internet issues. Offers that filtering software does not always work. Provides statistics on the amount and content of internet material. Lists examples of content that has been kept from the public due to error by internet filtering software.

215

Chair Krummel

Notes the committee fully understands the issue.

220

Meyer

Believes the filtering system is problematic. Notes Oregon voter rejection of ballot measures related to limiting freedom of expression. Explains the ACLU believes the bill is unconstitutional.

256

Rep. Mabrey

Comments on local control issues. Accounts for his own accidental encounters with pornography on the internet. Asks about the constitutionality of overrides on the issue.

290

Meyer

Responds with the scrutiny that exists already by the courts.

311

Heim

Comments the funding of libraries by local tax payers. Notes patrons most capable of uninstalling the software are children.

332

Rep. Mabrey

Comments.

335

Rep. Kitts

Refers to Article I, Section 8 of HB 3101 and asks about sectioning libraries as an acceptable compromise.

352

Meyer

Responds that the one-hour photo versus internet library porn issue is different. Explains the filtering is so broad and undefined that it will sweep in material that should not be filtered in any case.

376

Rep. Kitts

Asks if there are any districts that would support pornography in their libraries.

380

Heim

Negates.

382

Meyer

Believes the proposal is much broader than child pornography.

386

Rep. Kitts

Notes the motive behind the issue is a good one for children.

396

Rep. Nelson

Speaks to local control issues and the right of children to be protected.

400

Heim

Offers libraries in Rep. Nelson’s district that have instituted filtering.

412

Rep. Mabrey

Comments.

438

Chair Krummel

Closes public hearing on HB 3101. Adjourns meeting at 10:55 AM.

 

EXHIBIT SUMMARY

 

A – HB 2739, Rep. George Gilman, 1 p

B – HB 2739, Rep. George Gilman, 2 p

C – HB 2974, Wayne Schultz, 1 p

D – HB 2974, Charles Stern, 1 p

E – HB 2974, Charles Stern, 12 p

F – HB 2974, Charles Stern, 5 p

G – HB 2974, Diane Cilenti, 1 p

H – HB 3101, Suzanne Brownlow, 52 p

I – HB 3101, Robert Ekstrom, 1 p

J – HB 3101, Rep. Betsy Close, 1 p

K – HB 3101, Norma Rich, 30 p

L – HB 3101, Marie Hyde, 10 p

M – HB 3101, Lou Beres, 3 p