HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 1, 2003 Hearing Room D

8:30 AM Tapes  46 - 48

 

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 3162 – Public Hearing and Work Session

                                                HB 3206 – Public Hearing

                                                HB 3136 – Public Hearing

                                                HB 3581 – Public Hearing and Work Session

                                                HB 3530 – Public Hearing

                                                HB 3488 – 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 46, A

004

Chair Krummel

Calls meeting to order at 8:44 AM. Opens public hearing on HB 3162.

HB 3162 – PUBLIC HEARING

009

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS) on HB 3162.

013

Rep. Derrick Kitts

House District 30. Testifies in favor of HB 3162. Notes the bill was brought to him by Associated Oregon Industries (AOI). Explains HB 3162 regarding the High Tech Hall of Fame. Submits the importance of technology to the economy in Oregon.

038

Rep. Prozanski

Comments.

042

Rep. Nelson

Requests if a fiscal statement has been issued.

043

Chair Krummel

Responds it has not yet been received.

044

Rep. Nelson

Asks if private sources such as Intel will fund the program.

058

Harvey Mathews

AOI. Testifies in favor of HB 3162 (EXHIBIT A). Speaks on the heritage of Oregon. Notes the importance of the high-tech industry to the economy of the state.

092

Larry Wade

President and Director, Software Association of Oregon. Testifies in favor of HB 3162. Comments on the status of the high-tech industry in other states. Explains the genesis of the bill. (EXHIBIT B). Describes the concept behind the Hall of Fame.

150

Peter Mackie

Former President, Software Association of Oregon. Testifies in favor of HB 3162. Speaks on his personal experience in the high tech industry. Comments on the work of the software industry. Informs the committee of the different sects of the industry. Explains the industry is seeking recognition.

217

Rep. Nelson

Requests the financing of the Hall of Fame.

223

Wade

Believes it will be privately funded.

232

Rep. Nelson

Requests the space needed.

235

Wade

Expects it be around the size of a kiosk. Notes his hopes that the Hall of Fame would be interactive.

252

Rep. Prozanski

Wonders what steps have been taken as to development of a concept.

258

Mathews

Offers he has not engaged Legislative Administration yet as he was waiting for the committee’s response to the measure.

270

Chair Krummel

Closes public hearing on HB 3162. Opens public hearing on HB 3206.

HB 3206 – PUBLIC HEARING

274

Patrick Brennan

Reads SMS on HB 3206.

286

Robert Garrison

State Fire Marshall. Testifies in favor of HB 3206 (EXHIBIT C). Explains how the bill will amend the current statute. Informs the committee of the current task force existing. Notes minor changes proposed by the sheriffs

356

Ken Murphy

Director, Oregon Emergency Management. Testifies in favor of HB 3206 (EXHIBIT D).  Comments on search and rescue issues. Believes the program will be an asset.

TAPE 47, A

002

Garrison

Notes the presence of Fire Chief Fitzgerald in the audience to answer questions.

006

Ken Armstrong

Oregon Fire Chiefs Association. Testifies in favor of HB 3206. Notes the addition is an important one for safety issues. Notes there are amendments needing to be made.

026

Rep. Mabrey

Wonders if there will be an impact on local communities.

031

Garrison

Differentiates search and rescue terms.

047

Rep. Nelson

Poses question on local jurisdictions.

052

Garrison

Speaks on local fire marshals work with local jurisdictions.

066

Armstrong

Adds they can obtain feedback for the committee.

077

Rep. Nelson

Notes she has received presence of opposition. Requests the information include others.

091

Armstrong

Comments.

096

Burton Weast

Oregon Fire Marshals Association (OFMA). Responds to concerns on local fire marshal issues. Explains OFMA did not take position on the matter because it did not directly affect them.

107

Rep. Nelson

Comments on the word ‘urban’ in the bill.

115

Weast

States he will.

121

Garrison

Explains the purpose of the bill. Offers they have attempted to be as inclusive as they can be.

136

Chris Crean

Deputy Legislative Counsel.

138

Chair Krummel

Requests a briefing on the amendments.

141

Crean

Explains the sections of the bills relating to current provisions. Defines the keystone problem of the bill. Offers options to rectify it. Describes situations regarding negligence to illustrate to problem. Differentiates negligence. Recommends the sentence is left and the courts can decide on the problem.  

218

Chair Krummel

Requests the parties collaborate and provide Mr. Crean with material to draft amendments. Closes public hearing on HB 3206. Opens public hearing on HB 3136.

HB 3136 – PUBLIC HEARING

235

Rep. Cliff Zauner

Comments on the need for time since amendments have not been receive (EXHIBIT E).

270

Chair Krummel

Closes public hearing on HB 3136. Opens public hearing on HB 3581.

HB 3581 – PUBLIC HEARING

280

Rep. Tootie Smith

Testifies in favor of HB 3581 (EXHIBIT F). Notes those in support of the measure. Provides information on wrestling and the issue (EXHIBIT G).

331

Richard Hering

World Wrestling Entertainment. Testifies in favor of HB 3581. Comments on professional wrestling. Explains it is an entertainment event.

TAPE 46, B

003

Hering

Continues.

010

Chair Krummel

Comments.

012

Hering

Responds. Notes the expansive nature of professional wrestling. Comments on the taxes.

027

Rep. Avakian

Requests if the organization would consider funding of a baseball stadium.

030

Hering

Notes Oregon is a location to which wrestling would like to come.

040

Stan Pulliam

Legislative Assistant to Rep. Tootie Smith. Notes the written submission of J.E. Isaac (EXHIBIT H). Notes the proposed amendments on the bill (EXHIBIT I). Explains the current bill’s conflict with other forms of wrestling. Defines the term ‘entertainment wrestling’.

070

Chair Krummel

Identifies a section in the bill.

075

Pulliam

Presents wording established on page 6, line 28 of HB 3581.

090

Chair Krummel

Asks Mr. Hering if he has seen the current proposed amendment.

095

Hering

Thanks Mr. Pulliam for his work with the commission. Notes the consideration taken for the wrestlers with regard to medical care. Comments on the ancillary effects on local employment.

120

Rep. Mabrey

Asks if there is an emergency clause.

125

Rep. Smith

Explains they originally wanted an emergency clause, but believe it can be accomplished through regulation. Informs it is not constitutional to have an emergency clause with revenue raising measures.

140

Chair Krummel

Inquires about the authority of the commission under current statute.

144

Rep. Smith

Believes that the commission does as the regulations came under administrative rule.

147

Rep. Nelson

Understands the state wrestling commission will be eliminated by the bill.

153

Rep. Smith

Negates and state the state wrestling commission will remain.

155

Rep. Nelson

Clarifies.

157

Rep. Smith

Explains the current Boxing and Wrestling Commission.

160

Pulliam

Adds the commission exists, but a new promoter’s license jurisdiction will be added.

166

Rep. Nelson

Reads her notes.

169

Brennan

Explains the -1 amendments would change the original bill, and would remove the name change.

171

Rep. Nelson

Clarifies the intent of the commission.

173

Rep. Smith

Affirms.

175

Rep. Nelson

Clarifies the current commission will not be gone

177

Rep. Smith

Affirms.

179

Rep. Nelson

Poses question regarding the Native American community.

181

Rep. Smith

Responds the issue is not considered in HB 3581.

184

Rep. Nelson

Asks if there is governance over tribal areas.

188

Rep. Smith

Responds that Native Americans constitute their own sovereign nations.

190

Chair Krummel

Speaks to the Grande Ronde tribe regulating themselves.

203

Pulliam

Notes those able to answers that.

206

Rep Kitts

Asks about the need for the bill.

212

Rep. Smith

Assumes there is still wrestling being conducted for sport in Oregon. Informs this bill concerns entertainment wrestling.

220

Brennan

Differentiates ultimate fighting and wrestling.

230

Hering

Comments in the term being removed. Explains the intent of the bill.

253

Sen. Margaret Carter

District 22. Testifies in favor of HB 3581. Urges wrestling be deregulated. Believes it presents opportunity for economic development.

282

Chair Krummel

Asks if Sen. Carter is aware of the -1 amendments.

284

Sen. Carter

Affirms.

288

Chair Krummel

Comments.

290

Sen. Carter

Notes she is a “scholar of wrestling”.

295

Rep. Prozanski

Asks if she has a current contract with a wrestling promoter.

297

Sen. Carter

Negates.

298

Rep. Nelson

Comments. Asks if there is a betting process involved.

310

Sen. Carter

States she does not believe so as she has followed wrestling extensively.

333

Rep. Avakian

Comments.

335

Rep. Derrick Kitts

House District 30. States he would have like to be a co-sponsor of the bill. Informs the committee that he and Rep. Avakian were wrestlers for sport. Supports the abolishment of the entire commission. Testifies in favor of HB 3581.

382

Bob Miller

Director, Portland Gaming Commission. Testifies in favor of HB 3581.

TAPE 47, B

005

Miller

Believes the bill has been an excellent catalyst in public policy concerning wrestling. Notes he has reviewed the -1 amendments and is in support of them. Differentiates real and fake blood.

039

Rep. Kitts

Clarifies his reasons for the support of abolishing the commission as wrestling is for entertainment.

053

Rep. Nelson

Comments on the terms used in the bill. Asks how the gaming commission affects the native American communities.

058

Miller

Responds that Oregon State law does not apply on those lands and statutes to not apply to those laws. Informs there is an intergovernmental agreement with some tribes. Provides there is a federal law protecting some aspects.

084

Rep. Nelson

Asks if there is jurisdiction over gaming and betting at the events.

088

Miller

Responds that there is no betting on professional wrestling as outcome is predetermined.

090

Chair Krummel

Closes public hearing and opens work session on HB 3581.

HB 3581 – WORK SESSION

096

Rep. Kitts

MOTION:  Moves to ADOPT HB 3581-1 amendments dated 4/1/03.

099

 

VOTE:  7-0

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

105

Rep. Kitts

MOTION:  Moves HB 3581-1 to the floor with a DO PASS AS AMENDED recommendation.

110

Rep. Mabrey

Comments on wrestling moves.

116

Chair Krummel

Comments on being a wrestling coach.  

127

 

VOTE:  7-0

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

 

Chair Krummel

The motion CARRIES.

REP. TOOTIE SMITH AND REP. KITTS will lead discussion on the floor.

131

Chair Krummel

Closes work session on HB 3581. Opens public hearing on HB 3530.

HB 3530 – PUBLIC HEARING

133

Patrick Brennan

Reads SMS on HB 3530.

139

Burton Weast

Special Districts Association of Oregon (SDAO). Testifies in favor of HB 3530. Provides brief history on the genesis of HB 3530. Notes a key provision of past requirements and the reasons behind it. Comments on past court decisions.

243

Linda Ludwig

League of Oregon Cities (LOC). Testifies in favor of HB 3530 (EXHIBIT J). Speaks on the situation in La Grande to illustrate the need for legislation regarding annexation and taxes. Believes it is an equity issue.

329

Rep. Nelson

Asks how many cities have agreed with the bill.

335

Ludwig

Responds that all cities support the bill.

340

Chair Krummel

Asks if there will be an effect on cities.

 

Weast

Negates. Explains the methods of the certain type of annexation by the bill.

349

Chair Krummel

Asks if citizens can determine whether they want services or not.

360

Ludwig

Affirms.

370

Chair Krummel

Asks about charges for services.

380

Ludwig

Responds that rates differ.

390

Chair Krummel

Clarifies.

395

Ludwig

Notes that the city of La Grande would have liked to have been present.

TAPE 48, A

002

Jerry Ritter

Oregon Communities for a Voice in Annexation (OCVA). Testifies in opposition of HB 3530 (EXHIBIT K). Lists reasons for opposition. Believes there are fundamental flaws in existing statute. Describes situations in various cities regarding annexation. Believes the bill is a mandate. Comments on his own experiences with services.

068

Chair Krummel

Asks about the agreements already in place.

073

Ritter

Responds with OCVA wishes for the annexation and voting.

081

Chair Krummel

Requests if OCVA supports the services being shut off.

085

Ritter

Affirms.

087

Rep. Prozanski

Asks for the OCVA position on issues of annexation regarding land owners and agreements already established.

104

Ritter

Responds on safety issues having no impact with regard to the statute. Explains the OCVA reservations with city handling of annexation. 

121

Rep. Nelson

Asks if there is any room for compromise on the bill.

125

Ludwig

States she is unsure there is a compromise position as wording was being reconstructed regarding votes.

130

Rep. Nelson

Asks if Mr. Ritter would be willing to compromise.

134

Ritter

Responds current policy does not allow that.

137

Chair Krummel

Poses question regarding double majority.

140

Rep. Avakian

Wonders why LOC opposes double majority.

145

Ludwig

Offers the type of annexation is very different from others. Notes property owners have already signed written contracts.

153

Rep. Prozanski

Inquires about individuals who do not have agreements.

163

Ludwig

Replies she is not an expert on issues in La Grande.

166

Rep. Prozanski

Requests information on the La Grande situation.

169

Chair Krummel

Explains the committee will hold off on a work session as issues are still present. Asserts as mayor he would shut off the services for those who did not agree. Poses question regarding property.

179

Ludwig

States she is unsure.

182

Chair Krummel

Comments on amending the bill. Requests follow up by LOC. Closes public hearing on HB 3530. Opens public hearing on HB 3488.

HB 3488 PUBLIC HEARING

195

Chair Krummel

Closes public hearing on HB 3488. Opens work session on 3162.

HB 3162 WORK SESSION

203

Rep. Kitts

MOTION:  Moves HB 3162 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

209

Rep. Prozanski

Objects to the motion. Believes there need to be administrators and facilitators on board first and would like the measure to go to the floor do pass.

219

Rep. Kitts

Withdraws motion.

230

Rep. Nelson

Comments on the space. Supports despite uncertainties.

232

Chair Krummel

Points out state policy question.

249

Rep. Kitts

Hopes the issues raised are brought up prior to and on the floor.

256

Rep. Nelson

Questions if a precedent will be set by passage.

261

Chair Krummel

Comments in history versus present day issues.

270

Rep. Kitts

Explains that issues raised will find answers by the time of floor consideration.

277

Chair Krummel

Remarks.

280

Rep. Kitts

MOTION:  Moves HB 3162 to the floor with a DO PASS recommendation.

283

 

VOTE:  7-0

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

 

Chair Krummel

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

285

Chair Krummel

Closes work session on HB 3162. Adjourns meeting at 10:49 AM.

 

EXHIBIT SUMMARY

 

A – HB 3162, Harvey Mathews, 4 p

B – HB 3162, Larry Wade, 9 p

C – HB 3206, Robert Garrison, 2 p

D – HB 3206, Ken Murphy, 1 p

E – HB 3136, Rep. Cliff Zauner, 2 p

F – HB 3581, Rep. Tootie Smith, 1 p

G – HB 3581, Rep. Tootie Smith, 12 p

H – HB 3581, J.E. Isaac, 1 p

I – HB 3581, Staff, 14 p

J – HB 3530, Linda Ludwig, 4 p

K – HB 3530, Jerry Ritter, 2 p