HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

March 25, 2003   Hearing Room D

8:30 AM Tapes  40 - 42

 

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 HEARD:                     HB 3072 – Public Hearing

                                                HB 3073 – Public Hearing

                                                HB 3194 – Public Hearing and Work Session

                                                HB 3212 – Public Hearing

                                                HB 3062 – Public Hearing and Work Session

                                                HB 2131 – Work Session

                                                HB 2417 – 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 40, A

004

Chair Krummel

Calls meeting to order at 8:38 AM. Opens public hearing on HB 3072.

HB 3072 PUBLIC HEARING

009

Rep. Tom Butler

House District 60. Testifies in favor of HB 3072. Explains the issue.

021

Rep. Nelson

Asks if there is great noncompliance that would require the bill.

023

Rep. Butler

Responds and explains tax return issues.

033

Rep. Nelson

Asks if anyone has requested an audit.

035

Rep. Butler

Notes that agencies cannot currently share information with the Department of Revenue and the bill would require the needed authorization.

043

Rep. Nelson

Clarifies.

045

Rep. Butler

Explains the constitutional right of the Secretary of State to do the audits.

051

Chair Krummel

Provides an example of tax law compliance with regard to licensing

059

Rep. Nelson

Asks if there is a financial burden.

061

Rep. Butler

Informs the measure may actually assist the budget.

065

Rep. Prozanski

Clarifies the procedure and intent of the noncompliance.

071

Rep .Butler

Explains the sharing of information regarding licenses and tax returns among agencies.

0832

Rep. Prozanski

Requests examples of license boards that require tax return filing.

087

Rep. Butler

Responds there is currently no requirement that people demonstrate filing a state tax return. Voices concern for those who are licensed but are not filing. 

107

D.E. Bridges

Oregon Forest Products Transportation Association (OFPTA). Testifies on HB 3072. Presents a problem with the wording of the bill. Notes the bill may have a negative affect on truck driving. 

125

Bob Russell

President, Oregon Trucking Association (OTA). Testifies on HB 3072. Voices concern with the cost to the Oregon Department of Transportation (ODOT).

148

Rep. Mabrey

Concurs on costs to drivers. Asks about the potential financial burden of testing.

160

Russell

Explains the review process could be where cost lies.

168

Chair Krummel

Notes the word ‘may’ in HB 3072 and that it would not require ODOT to provide proof.

178

Russell

Concurs. State his concerns for the bill.

180

Chair Krummel

Asks if he has shared his concern with the sponsor of the bill.

184

Russell

Explains he has not yet.

190

Chair Krummel

Closes public hearing on HB 3072. Opens public hearing on HB 3073.

HB 3073 PUBLIC HEARING

198

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS) on HB 3073.

204

Jason Williams

Executive Director. Taxpayers Association of Oregon.

205

Rep. Tom Butler

House District 60. Comments. Testifies in favor of HB 3073. Explains the intent of the bill.

244

Rep. Kitts

Asks why the bill is not effective immediately.

250

Rep. Butler

Explains there will be programming time needed.

254

Rep. Kitts

Comments on the budget crisis of the current biennium. Asks if it would be in best interest to have the information currently.

260

Rep. Butler

Responds regarding the time required.

269

Rep. Kitts

Asks who is opposed to the bill. Asks if the intent is to make the information more available.

275

Rep. Butler

Explains the need to locate individuals in the system.

295

Rep. Kitts

Requests who is opposed to the bill.

297

Rep. Butler

States he is unsure.

306

Rep. Kitts

State he supports the bill.

314

Rep. Nelson

Comments.

317

Chair Krummel

Interjects.

319

Rep. Nelson

Poses question relating to zero-based budgeting.

326

Rep. Butler

Comments on the attempt of Ways and Means to remove funding of inefficient labor costs.

340

Rep. Nelson

Clarifies.

345

Rep. Butler

Answers that even with an emergency clause, their action may not be complete.

350

Chair Krummel

Comments on Department of Administrative Services (DAS) involvement. Concurs with Rep. Butler about the lack of need for an emergency clause.

360

Rep. Butler

Comments on the scope of the bill.

370

Rep. Prozanski

Notes that ten percent of the state population is funded by government. Poses question regarding employees and contracts.

382

Rep. Butler

Notes that state employees can be up to 50,000 a year. Comments on compensation of employees.

TAPE 41, A

002

Rep. Prozanski

Clarifies based on the bill what information regarding employment. Requests the intent of the bill

007

Rep. Butler

Explains the intent.

012

Rep. Kitts

Notes he does not have the same faith in state agencies as Rep. Butler does. Requests if it is possible for the Governor to freeze new hires by agencies. Believes it would be appropriate to know the information the bill would provide now.

030

Rep. Butler

Answers there is a freeze currently although it is rather fluid. Clarifies.

036

Rep. Kitts

Restates his question regarding the Governor.

043

Rep. Butler

Speak to position currently frozen and the accomplishments of those positions with regard to the movement of employees among agencies.

062

Rep. Mabrey

Believes the goal of the bill is admirable. Questions the value of the work needed to perform the actions the bill would require.

077

Rep. Butler

Notes that an audit process is basically necessary in the ferreting out of unneeded jobs and that one is currently underway in Ways and Means.

094

Rep. Mabrey

Restates earlier question regarding the validation of state employment positions without knowledge of the jobs and persons involved.

109

Rep. Butler

Responds that the right to have the information supersedes the ideals.

119

Rep. Nelson

Requests his recollection of the lack of information of overhead of agencies. Asks if the bill would help in situations like that.

127

Rep. Butler

Explains the information to be provided by the bill.

137

Chair Krummel

Informs of the state employee phone list. Asks if the list could be utilized.

147

Rep. Butler

Remarks it could be used because a database already exists. Notes additions to be made to the database.

154

Chair Krummel

Points out the similarity of the bill to one past.

161

Rep. Butler

Concurs it is similar. Believes the information is needed.

166

Chair Krummel

Inquires about the good in the legislature exercising micromanagement.

170

Rep. Butler

Believes micromanagement is a necessary exercise of the legislature.

192

Rep. Nelson

Asks about the inclusion of consultants in the bill.

198

Rep. Butler

Explains issue consultants. Welcomes the opportunity to gather more information on issues such as these.

218

Rep. Nelson

Clarifies it could include consultants.

223

Chair Krummel

Points out the consultation funds are earned by the private sector.

229

Williams

Testifies in favor of HB 3073 (EXHIBIT A).

257

Rep. Prozanski

Poses question.

264

Williams

Comments on the Ways and Means process. Explains the OTA is interested in the availability of information.

280

Rep. Prozanski

Believes the existence of a list does not necessarily connote improvement. Offers an audit would be helpful. Asks if OTA would be interested in micromanagement.

290

Williams

Responds concerning OTA work on the matter.

295

Rep. Prozanski

Restates his question.

304

Williams

Responds that he would like to see more audits.

310

Rep. Prozanski

Asks if OTA would support the legislature becoming full-time then.

314

Williams

Replies the legislature could experiment with the option.

317

Rep. Prozanski

Explains the requirements overseeing the implications represented by the measure would necessitate a more full-time approach by the legislature.

323

Williams

Concurs.

326

Rep. Prozanski

Explains the intent of his questions.

334

Rep. Mabrey

Comments on his own experiences as a county judge. Notes the nebulous nature of determining necessary employment. Wonders how the list is not redundant.

377

Williams

Responds that the annual report can be a starting point. Believes clarity on the issue is necessary and that it would be easy to produce the list.

TAPE 40, B

008

Chair Krummel

Requests if there are questions for Ms. *.

015

Nancy *

DAS.

017

Rep. Nelson

Speaks to issues of performance measurement accountability in terms of the budget.

025

*

Clarifies and explains.

030

Chair Krummel

Closes public hearing on HB 3073. Opens public hearing on HB 3194.

HB 3194 PUBLIC HEARING

034

Brennan

Reads SMS on HB 3194.

039

Rep. Lane Shetterly

House District 23. Testifies in favor of HB 3194. Informs the committee of the situation of the Dallas Cemetery Board Members requesting the bill. 

072

Rep. Nelson

Asks if there is a list of members without districts.

075

Rep. Shetterly

Explains he does not have it and explains that cemeteries have their own local government districts.

087

Chelsey Nichol

Special Districts Association. Testifies in favor of HB 3194 (EXHIBIT B).

112

Violet Starks

Dallas Cemetery Maintenance District. Clarifies she is an employee of the district and not a board member. Supports HB 3194.

122

Rep. Prozanski

MOTION:  Moves HB 3194 to the floor with a DO PASS recommendation.

124

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Kitts, Wirth

 

Chair Krummel

The motion CARRIES.

REP. SHETTERLY will lead discussion on the floor.

130

Chair Krummel

Closes work session on HB 3194. Opens public hearing HB 3212.

HB 3212 PUBLIC HEARING

132

Patrick Brennan

Reads SMS on HB 3212.

138

Colonel Mike Caldwell

Oregon Military Department (OMD). Testifies in opposition to HB 3212. Cites reasons for opposition of the bill in its current form. Recommends an amendment to the ninety day limit. Explains the issue the created the bill.  

200

Shelli Honeywell

DAS. Offers she is present to answer questions.

203

Chair Krummel

Requests the difference between state and federal active duty status.

209

Caldwell

Explains the current deployments have been under federal law. Notes the bill concerns state duty. Adds the President of the United States can call on all state active duty troops.

240

Chair Krummel

Poses question regarding time limits on troops.

245

Caldwell

Notes that service of over thirty days is uncommon. Explains the provisions of statutes and emergencies.

271

Rep. Mabrey

Explains he is not aware of the conflict of the bill. Explains his desire to protect the jobs of troops, not to limit them.

287

Rep. Nelson

Asks if the bill could include the retirees if amended.

296

Caldwell

Explains the hesitancy to re-file the bill regarding the retiree issue. Offers given the chance to work with the sponsors, they would work to include former members.

326

Chair Krummel

Poses question regarding the extension of Public Employees Retirement System (PERS) benefits.

340

Honeywell

States DAS would be willing to find that information out. Comments on reemployment rights of soldiers upon return from service.

352

Mary Botkin

Association of Federal, State, County and Municipal Employees (AFSCME), Local 79. States AFSCME shares the concerns of Col. Caldwell. Comments on PERS.

TAPE 41, B

006

Chair Krummel

Closes public hearing on HB 3212. Asks Col. Caldwell to work with the sponsors of the bill. Requests future clarification on PERS issues. Opens public hearing on HB 3062.

HB 3062 PUBLIC HEARING

020

Patrick Brennan

Reads SMS on HB 3062.

024

Nan Heim

Oregon Library Association. Testifies in favor of HB 3062 (EXHIBIT C).

058

Jim

Director, Oregon State Library. Testifies in favor of HB 3062 regarding the ‘Ready to Read’ grant program (EXHIBIT D).  

073

Chair Krummel

Closes public hearing and opens work session on HB 3062.

HB 3062 WORK SESSION

077

Rep. Prozanski

Asks if HB 3062 has a subsequent referral.

078

Chair Krummel

Answers no.

080

Rep. Prozanski

MOTION:  Moves HB 3062 to the floor with a DO PASS recommendation.

083

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Wirth

 

Chair Krummel

The motion CARRIES.

REP. WIRTH will lead discussion on the floor.

093

Chair Krummel

Closes work session on HB 3062. Opens public hearing on HB 2131.

HB 2131 PUBLIC HEARING

095

Patrick Brennan

Reads SMS on HB 2131. Indicates changes made to the bill. Explains the -2 Amendments (EXHIBIT E). Notes the representatives in the audience.

110

Rep. Prozanski

Asks if interested parties have signed off on the measure.

113

Brennan

Affirms. Mentions there is no fiscal or revenue impact.

117

Rep. Nelson

Requests testimony from the Municipal Debt Advisory Commission (MDAC).

121

Lady*

MDAC. Notes the member of the commission is not present.

126

Rep. Nelson

Asks for the intent of the bill regarding cities.

136

Lady*

Responds there is no opposition regarding the cities.

145

Chair Krummel

Identifies the League of Oregon Cities (LOC) supports the bill as amended.

148

Lady*

Agrees.

153

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2131-2 amendments dated 02/18/03.

155

 

VOTE:  5-0-1

EXCUSED:  1 - Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

158

Rep. Prozanski

MOTION:  Moves HB 2131 to the floor with a DO PASS AS AMENDED recommendation.

164

Chair Krummel

Comments on the importance of the bill.

168

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Wirth

 

Chair Krummel

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

175

Chair Krummel

Closes work session on HB 2131. Opens work session on HB 2417.

HB 2417 WORK SESSION

177

Patrick Brennan

Reads SMS on HB 2417. Informs of -1 amendment (EXHIBIT F).

186

Rep. Betsy Close

House District 15. Explains how the amendment has narrowed the bill to cover day passes for public visitors who testify. Acknowledges there is no fiscal analysis yet. Voices belief the cost is not large.

209

Rep. Prozanski

Inquires why a fiscal analysis has not yet been received.

214

Brennan

Explains Committee Services is extrapolating the data to provide Legislative Fiscal with the information needed. Notes a subsequent referral could be added later.

220

Chair Krummel

Adds the Senate could also send the measure to Ways and Means. Informs the committee of his work with Rep. Close on the matter.

244

Rep. Close

Notes parking spots currently exist.

247

Rep. Kitts

MOTION:  Moves to ADOPT HB 2417-1 amendments dated 03/19/03.

252

Rep. Prozanski

States he is not ready to move on the bill until a fiscal analysis is received.

256

Rep. Avakian

Concurs with Rep. Prozanski. Asks for the City of Salem’s position on the matter.

260

Brennan

Believes the city is comfortable with the bill as amended.

264

Rep. Prozanski

Presents the State of Oregon will incur the costs. Comments.

268

Brennan

Notes the costs will be to Legislative Administration (LA).

272

Rep. Kitts

Clarifies it is a loss of revenue.

276

Chair Krummel

Answers the revenue is neutral to the City of Salem and cost is to the State.

283

Rep. Kitts

Clarifies the State incurs the cost, and there will be no exemption of costs.

288

Rep. Prozanski

Explains that unless it is a ‘takings’ and the City of Salem no longer charge for the spots, cost will be incurred. Questions the need for the bill when those who travel to the Capitol pay to operate personal vehicles.

295

Rep Kitts

Comments.

305

Rep. Prozanski

Questions that parking pass costs are a burden as he does not believe they are.

314

Brennan

Adds Mr. Bennett from City of Salem explained LA obtains the passes from the city. Notes the possibility of a bulk discount agreement. 

331

Rep. Kitts

States he would like to see a compromise reached between the city and the state. Supports the -1 amendment still.

344

Chair Krummel

Concurs with Rep. Prozanski’s reservations. Voices belief that any barrier that exists between the public and the Capitol should be removed. Supports the -1 amendment.

357

Rep. Prozanski

Provides alternatives in existence that would not cost the state.

365

Chair Krummel

Comments on the information included to citizens wishing to testify.

370

Rep. Prozanski

Asserts he provides that information for his constituency.

377

 

VOTE:  5-1-1

AYE:               5 - Avakian, Kitts, Mabrey, Nelson, Krummel

NAY:               1 - Prozanski

EXCUSED:     1 – Wirth

 

Chair Krummel

The motion CARRIES.

386

Rep. Kitts

MOTION:  Moves HB 2417 to the floor with a DO PASS AS AMENDED recommendation.

392

Rep. Mabrey

States he was unaware there were parking passes available. Believes public that testifiers will pay at the meters because they are uninformed. Believe impact will not be great.

TAPE 42, A

013

Rep. Prozanski

Comments on the potential overuse or misuse of the passes. Believes there are other outlets for access to the Capitol. Explains he is uncomfortable moving the bill due to the lack of cost analysis.

026

Rep Avakian

Informs he will be voting with Rep. Prozanski.

028

Rep. Kitts

States his concerns for the abuse of the parking passes. Supports the bill despite this.

033

 

VOTE:  4-2-1

AYE:               4 - Kitts, Mabrey, Nelson, Krummel

NAY:               2 - Avakian, Prozanski

EXCUSED:     1 – Wirth

 

Chair Krummel

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

037

Chair Krummel

Closes work session on HB 2417. Adjourns the meeting at 10:28 AM.

 

EXHIBIT SUMMARY

 

A – HB 3073, Jason Williams, 1 p

B – HB 3194, Chelsey Nichol, 1 p

C – HB 3062, Nan Heim, 1 p

D – HB 3062, Jim Scheppke, 1 p

E – HB 2131-2, Staff, 4 p

F – HB 2417-1, Staff, 2 p