HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 3, 2003 Hearing Room D

8:30 AM Tapes  49 - 50

 

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 2892 – Public Hearing

HB 3068 – Public Hearing and Work Session

HB 3023 – 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 49, A

004

Chair Krummel

Calls meeting to order at 8:39 AM. Opens public hearing on HB 2892. Notes an hour has been dedicated to the bill. Explains rules for testimony on HB 2892.

HB 2892 – PUBLIC HEARING

029

Rep. Prozanski

Notes the written testimony on HB 2892 provided by Rep. Phil Barnhart, sponsor of the bill (EXHIBIT A).

041

Ken Barber

Requester of HB 2892. Testifies in favor for HB 2892 (EXHIBIT B). Provides his history in computer related fields. Explains the purpose of the bill. Speaks on privacy rights. Provides accounts of Microsoft. Notes amendments on the bill.

144

Shane Miller

Private citizen. Testifies in favor of HB 2892. Speaks on open source software. Believes open source software is important to democracy.

198

Cooper Stevenson

Testifies in favor of HB 2892. Speaks on security risks of proprietary software. Provides information on software (EXHIBIT C).

264

Chair Krummel

Poses question regarding a system without patches.

270

Stevenson

Replies affirmatively.

276

Rep. Avakian

Requests that Mr. Stevenson differentiate open source and proprietary software in terms of virus protection.

281

Stevenson

Replies that open source considers security first and options second. Explains the architecture of the permissions.

296

Rep. Avakian

Clarifies.

299

Stevenson

Affirms.

301

Rep. Avakian

Poses question regarding software.

303

Stevenson

Explains.

305

Chair Krummel

Asks Mr. Barber question concerning government document access.

321

Miller

Responds

325

Chair Krummel

Comments.

337

Rep. Nelson

House District 24. Testifies in opposition of HB 2892 with or without amendments. Sees little value to the state. Believes the process is already open and competitive. Believes a law is not required for the state to choose open source software. Notes Yamhill County commissioners and clerks oppose the bill.

391

Rep. Billy Dalto

House District 21. Testifies in favor of HB 2892. Thinks the bill would provide cost savings. Lists the reasons he propones the bill. Believes the government should be allowed flexibility to consider incorporating evolving technologies.

TAPE 50, A

009

Greg Unrein

Citizen of Beaverton. Addresses the issues of open source software. Testifies in favor of HB 2892 (EXHIBIT D).

025

Rep. Mabrey

Provides an example to better understand the issue. Seems that the issues of software is

043

Unrein

Explains that open source software does not involve one vendor or one product. Believes the software provides solutions.

 

Eric Harrison

Multnomah Education Service District (ESD). Submits testimony on HB 2892 (EXHIBIT E).

071

Paul Nelson

Teacher, Riverdale High School. Offers information on open source software utilized in his school. Speaks on cost savings. Provides presentation on open source software (EXHIBIT F).

124

Harrison

Speaks on the use of open source software in Multnomah County. Believes open source software should be considered where it is needed.

160

Quentin Hartman

Fernrich School District. Testifies in favor of HB 2892 (EXHIBIT G). Explains how it has been important to his school district.

204

Chair Krummel

Requests Mr. Nelson to discuss the thin-client program at Riverdale High.

208

Nelson

Explains the program and its allowances for computers. Notes every computer he purchases through the program costs under $100.

217

Chair Krummel

Asks Mr. Hartman if he also uses the Thin-Client distribution.

219

Hartman

Affirms.

223

Nelson

Adds the Portland School District is also implementing the program.

225

Harrison

Speaks on the concept of open source software.

227

Nelson

Comments on the use of vendors.

231

Rep. Mabrey

Requests what ‘Linux’ is.

239

Nelson

Answers, explaining Linux.

245

Rep. Mabrey

Requests how the products are used and purchased.

250

Nelson

Explains the use of the products by individuals and related support.

268

Shaun Savage

Linux Security and Moz Applications. Testifies in favor of HB 2892. Speaks on the philosophy of open source software.

315

Kevin Hagan

Moz Applications. Testifies in favor of HB 2892. Lists reasons for open source software use and its positive allowances.

350

Andrew Spiering

Moz Applications. Comments on the costs of open source software. 

385

Jim Craven

American Electronics Association (AEA).

TAPE 49, B

003

Kevin Campbell

Initiative for Software Choice. Testifies in opposition of HB 2892 (EXHIBIT H). Believes the bill would decrease competition and increase costs. Points out the bill would be the first preference bill passed in the United States.

064

Craven

Testifies in opposition of HB 2892. Identifies the members of the AEA. Notes the issue is the bill at hand, and that the benefits of open source software are valid. Believes the bill tips state procurement in types of services. Thinks the choice could be a cost addition.

121

Mario Correa

Director of Business Software, Business Software Alliance (BSA). Testifies in opposition of HB 2892 (EXHIBIT I). Believes passage of the bill would indicate government preference. Believes the bill is an effort to exclude commercial products. Does not believe the bill would have a cost savings.

178

Craven

Requests that Department of Administrative Services (DAS) testify.

183

Rep. Nelson

Requests a definition of ‘proprietary’.

186

Campbell

Responds with definition.

191

Rep. Wirth

Asks if there is an opportunity for economic development with open source software.

194

Correa

Explains it is not needed in terms of legislation can be accomplished other ways.  

200

Rep. Wirth

Clarifies that all of his clients oppose the bill.

204

Craven

Explains it is the position of the association.

210

Rep. Wirth

Asks if some members of BSA stand to benefit from the bill.

214

Craven

Answers that some will. Adds that the market should be competitive as it is now.

229

Rep. Wirth

Asks who conducted the study.

230

Correa

Answers that International Data Corporation (IDC) conducted study. Responds that companies stand to gain with competition with quality. Argues all companies have something to gain

243

Rep. Wirth

Asks who funded the studies.

248

Correa

Answers Microsoft Corporation and some others did.

256

Chris Sells

Business owner. Testifies in opposition of HB 2892 (EXHIBIT J). States he is an engineer and believes it is bad engineering. States his beliefs on the proponents of the measure.

329

Deborah Bryant

DAS. Testifies in opposition of HB 2892 (EXHIBIT K). Points out DAS strongly support use of open source software. States DAS does not support the bill with the current language. Explains open source refers to several areas of technology.

365

Dugan Petty

Deputy Administrator, DAS. Believes the bill provides inequality.

400

Mike Sax

Sax Software Corporation. Testifies in opposition to HB 2892 (EXHIBIT L).

TAPE 50, B

003

Sax

Explains the bill is short sighted and that related issues should be considered. Believes open source software is valuable, but not the most logical choice. Comments on the long-term effects of the measure.

053

Chair Krummel

Requests the opposing parties collaborate with DAS in a workgroup to see if the bill can move.

068

Rep. Prozanski

Adds Rep. Barnhart to the list.

071

Chair Krummel

Requests the workgroup create amendments to move the bill by April 15.

083

Rep. Prozanski

Suggests Rep. Barnhart’s office oversee the workgroup.

088

Chair Krummel

Concurs. Closes public hearing on HB 2892. Opens public hearing on HB 3068.

HB 3068 – PUBLIC HEARING

104

Patrick Brennan

Reads Staff Measure Summary (SMS) on HB 3068. Notes the -1 amendments (EXHIBIT M).

110

Mary Botkin

Association of Federal, County, and Municipal Employees (AFSCME) Local 79. Testifies on HB 3068.

130

Denise Fjordbeck

Oregon Department of Justice (DOJ). Testifies in favor of HB 3068 (EXHIBIT N).

179

Botkin

Notes AFSCME supports the amendments.

183

Fjordbeck

Notes DOJ supports the bill.

188

Kelly Taylor

Oregon Department of Transportation (ODOT). Explains the purpose of the -1 and -2 amendments to HB 3068.

210

Kevin Neely

Office of the Attorney General. Supports work on the measure.

218

Chair Krummel

Asks if the bill would stop a newspaper from being able to take a picture of people in the building.

223

Neely

Does not believe so.

229

Rep. Prozanski

Responds it would have no control over other, only offer management of photo identification of employees outside the building.

237

Rep. Nelson

Does not see a reference to photo identification.

243

Rep. Prozanski

Comments on the protection of employee photo information by the bill.

254

Neely

Clarifies.

259

Rep. Nelson

Comments further.

263

Neely

Speaks on employee action.

268

Rep. Prozanski

Speaks on the administrative rule process.

272

Mark Landauer

Office of Government Relations, City of Portland. Discusses the use of the photo identification

297

Rep. Prozanski

Suggests the bill be moved.

304

Chair Krummel

Closes public hearing and opens work session on HB 3068.

HB 3068 – WORK SESSION

307

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3068-1 amendments dated 4/2/03.

310

 

VOTE:  5-0-2

EXCUSED:  2 - Kitts, Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

307

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3068-2 amendments dated 4/2/03.

310

 

VOTE:  5-0-2

EXCUSED:  2 - Kitts, Wirth

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

319

Rep. Nelson

Notes she will be a courtesy vote.

321

Rep. Prozanski

MOTION:  Moves HB 3068 to the floor with a DO PASS AS AMENDED recommendation.

325

 

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. PROZANSKI will lead discussion on the floor.

335

Chair Krummel

Closes work session on HB 3068. Opens public hearing on HB 3023. 

HB 3023 – PUBLIC HEARING

338

Chair Krummel

Closes public hearing on HB 3023. Adjourns meeting at 10:26 AM.

 

EXHIBIT SUMMARY

 

A – HB 2892, prepared testimony, Rep. Phil Barnhart, 11 pp

B – HB 2892, prepared testimony, Ken Barber, 16 pp

C – HB 2892, prepared testimony, Copper Stevenson, 11 pp

D – HB 2892, prepared testimony, Greg Unrein, 1 p

E – HB 2892, prepared testimony, Eric Harrison, 2 pp

F – HB 2892, prepared testimony, Paul Nelson, 1 p

G – HB 2892, prepared testimony, Quentin Hartman, 6 pp

H – HB 2892, prepared testimony, Kevin Campbell, 8 pp

I – HB 2892, prepared testimony, Mario Correa, 3 pp

J – HB 2892, prepared testimony, Chris Sells, 2 pp

K – HB 2892, prepared testimony, Deborah Bryant, 2 pp

L – HB 2892, prepared testimony, Mike Sax, 7 pp

M – HB 3068-1, amendments, Staff, 1 p

N – HB 3068, prepared testimony, Denise Fjordbeck, 2 pp