HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 10, 2003 Hearing Room D

8:30 AM Tapes  55 - 58

 

MEMBERS PRESENT:            Rep. Jerry Krummel, Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Brad Avakian

Rep. Derrick Kitts

Rep. John Mabrey

Rep. Kelley Wirth

 

MEMBER EXCUSED:            Rep. Donna Nelson, Vice-Chair

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                     HB 3268 – Public Hearing

                                                HJR 19 – Public Hearing

                                                HJR 32 – Public Hearing

                                                HB 3109 – Public Hearing

                                                HB 3110 – Public Hearing

                                                HJR 34 – Public Hearing

                                                HB 3600 – Public Hearing

                                                HB 3380 – Public Hearing

                                                HB 2278 – Public Hearing and Work Session

                                                HB 3319 – Public Hearing

                                                HB 3496 – Public Hearing

                                                HB 2961 – Public Hearing

                                                HB 2857 – Public Hearing

                                                HB 3612 – 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 55, A

004

Chair Krummel

Calls meeting to order at 8:40 AM. Opens public hearing on HB 3268.  

HB 3268 – PUBLIC HEARING

012

Rep. Jeff Kropf

House District 17. Testifies in favor of HB 3268. Explains the bill.

049

Rep. Prozanski

Clarifies the state own more than two airplanes.

051

Rep. Kropf

Affirms and informs the committee of the aircraft Oregon State Police (OSP) utilizes.  Believes road troopers have been displaced because OSP is undercharging for air time.

085

Rep. Kitts

Clarifies what constitutes a King Air.

090

Rep. Kropf

Explains a king air is a turbo prop aircraft, and is not a Lear jet.

095

Rep. Kitts

Asks whether the rental access is open to the public or just state agencies.

100

Rep. Kropf

Replies it is only available to certain state agencies. Notes the legislature cannot hire the aircraft.

110

Rep. Kitts

Clarifies the legislature is not allowed to or that it cannot afford the cost.

115

Rep. Kropf

Responds both are true. Explains his policy would require full payment of funds within thirty day so the agencies can be reimbursed properly.

122

Chair Krummel

Recesses public hearing on HB 3268. Opens public hearing on HJR 19.

HJR 19 – PUBLIC HEARING

125

Chair Krummel

Closes public hearing on HJR 19. Opens public hearing on HJR 32.

HJR 32 – PUBLIC HEARING

130

Ken Strobeck

League of Oregon Cities (LOC). Testifies in favor of HJR 32 (EXHIBIT A). Explains the bill.   

195

Joanne Sutherland

City Manager, Redmond. Explains charter municipality of cities. Speaks on local government authority. Urges passage of HJR 32.

235

John McArdle

Mayor, Independence. Testifies in favor of HJR 32.

281

Helen Berg

Mayor, Corvallis; Treasurer, LOC. Testifies in favor of HJR 32.

314

Rep. Mabrey

Remarks on the resolution.

326

Berg

Concurs and notes that a two-thirds majority vote is needed.

337

Rep. Prozanski

Voices concern with the threshold of two-thirds and offers if three-fifths could be considered. 

354

Strobeck

Responds that the issue is one of preemption and that the number would be an acceptable.

389

Rep. Joanne Verger

House District 9. Testifies in favor of HJR 32.Notes that in this session she has seen more preemption than in ten years of government service. Informs the committee of her beliefs on the issue.

TAPE 56, A

005

Sen. Bill Morrisette

District 6. Testifies in favor of HJR 32. Voices concern that the legislature is removing monies from local government by taking away the ability of local governments ability to make funds.

019

Rep. Wirth

Asks how the bill promotes government partnership.

023

Rep. Morrisette

Responds that the bill provides a partnership.

040

Chair Krummel

Closes public hearing on HJR 32. Opens public hearing on HB 3109, HB 3110, and HJR 34. Requests the mayors in the room to stand up and acknowledges them.

HB 3109, HB 3110, AND HJR 34 – PUBLIC HEARING

050

Patrick Brennan

Reads SMS on HB 3109, HB 3110, and HJR 34. Notes -1 amendments to HB 3109 and -1 amendments to HB 3110 (EXHIBITS B and C).

063

Chair Krummel

Remarks on testimony.

066

Rep. Mabrey

Notes he introduced the measures at the request of Deschutes County. Adds that he supports all three. Speaks on qualifications for the elected positions. Stresses that the bills are permissive and allows for the local electorate to make final decisions.

095

Chair Krummel

Remarks.

100

Dennis Luke

Deschutes County Commissioner. Testifies in favor of HB 3109 and HJR 34 (EXHIBIT D). Testifies in favor of HB 3110 (EXHIBIT E).

140

Marty Wynne

Deschutes County Treasurer. Testifies in favor of HB 3109 and HJR 34 (EXHIBIT F).

180

Scot Langton

Deschutes County Assessor. Testifies in favor of HB 3110. Speaks on the role of county assessors. Lists reasons he supports the bill.

221

Luke

Mentions technical requirements of the surveyor’s office.

224

Rep. Mabrey

Clarifies both of the positions are non partisan.

227

Luke

Affirms.

229

Shari Anderson

Treasurer, Clackamas County. Testifies against HB 3109 and HJR 41. Notes neighboring counties also oppose the bill. Informs the committee of the recent vote of county treasurers on the issue. Lists her personal reasons she opposes the bill as it is redundant. Reminds the committee of the definition of a county treasurer with regard to the constitution.

305

Rep. Avakian

Asks Ms. Anderson to speak to the importance of maintaining the elected position. 

307

Anderson

Explains her experience has been a positive one. Informs the committee of the duties of her position. Speaks on a home rule situation. Believes making the office of treasurer an appointed one does not adhere to the constitution.

362

Ernestine Killgore

Treasurer, Wallowa County. Testifies in opposition to HB 3109, 3110, and HJR 41. Believes making the position and appointed one will leave the decision to the commissioners. Explains that as an elected official there is more liberty to disagree with other members.

TAPE 55, B

008

Michael Long

Treasurer, Klamath County. Testifies in opposition to HB 3109 and HJR 41. Notes treasurers in his area also oppose the measure.

023

Rep. Kitts

Asks if the assessor and commissioner position are paid the same.

026

Anderson

Explains the positions are going through the compensation board process. Notes that under the current law, the position of treasurer undergoes the process.

042

Rep. Kitts

Asks if salary is negotiated.

045

Anderson

Responds that as they are elected offices, the salary is set through the compensation board, while appointed offices can negotiate their salary.

050

Rep. Kitts

Asks if the position is full time.

053

Anderson

Affirms.

054

Rep. Mabrey

Supports the bill because of his own county. Asks if the local electorate should be allowed to make a determination of whether to make the positions appointive rather than elective.

074

Anderson

Responds. Believes the home rule charter should be followed.

100

Tim Lutz

Tillamook County Assessor. Testifies in opposition of HB 3110 (EXHIBIT G). Speaks on home rule structure of government. States he does not believe the bill is needed.

148

Ray Erwin

Clackamas County assessor. Testifies in opposition of HB 3110. Speaks on county assessors.

161

Chair Krummel

Closes public hearings on HB 3109, HB 3110, and HJR 41. Opens public hearing on HB 3600.

HB 3600 – PUBLIC HEARING

172

Patrick Brennan

Reads SMS on HB 3600. Notes the -1 amendments (EXHIBIT H).

182

Rep. Linda Flores

House District 51. Introduces HB 3600.

190

Rep. Wirth

Asks how the bill differs from other fee bills.

192

Rep. Flores

Explains the bill clarifies the original intent of existing statute.

194

Rep. Greg Smith

House District 57. Speaks on his legislative assistant Ron Herbison and his efforts on the bill.

240

Chair Krummel

Asks if there will be unintended consequences the amendment the bill regarding political or advocacy groups.

251

Rep. G. Smith

Defers to sponsor.

253

Rep. Flores

Believes testimony will address the issue.

256

Rep. G. Smith

Thinks that every student is able to testify on the issues involving them. Questions that public dollars should be used to pay for these representatives.

264

Rep. Prozanski

Asks if the bill would remove students from the democratic process.

270

Rep. G. Smith

Asks if Rep. Prozanski’s impression.

275

Rep. Prozanski

Restates question, preempt membership fees . Understands the fee processes are within the university. Requests if Rep. G. Smith opposes the processes.

289

Rep. G. Smith

Reiterates his premise. Believes it is a policy choice for the committee.

294

Rep. Prozanski

Refers the committee to the opinions of university presidents on the matter (EXHIBIT I).

304

Rep. G. Smith

States he has not taken a position on HB 3600.

314

Rep. Prozanski

Refers to another letter and requests if Rep. G. Smith has spoken with the party.

317

Rep. G. Smith

Negates. Reiterates his premise.

339

Rep. Wirth

Ensures the bill is that of his legislative assistant and not from a number of students.  

351

Rep. G. Smith

Explains he is supporting Mr. Herbison in his efforts. Points out that fees required could be used for other purposes such as books and tuition.

356

Rep. Avakian

Refers to letters submitted (EXHIBIT I). Wonders if they should be considered.

360

Rep. G. Smith

Thinks it is important for university presidents and deans to make their positions known.

380

Rep. Flores

Encourages the committee listen to the testimony of Mr. Herbison.  

390

Chair Krummel

Points out the letters are directed at the original bill and not the bill as amended.

403

Rep. Prozanski

Points out that the bill itself should be considered with or without the amendments.

 

Various students

Submit written testimony in form of petitions against HB 3600 (EXHIBIT J).

413

Ron Herbison

Legislative Assistant to Rep. Greg Smith. Notes the issue was brought forth by a group to Rep. Flores. Speaks on the issue of a bill becoming a law.  Speaks on the language of the bill. Explains the intent of the bill. Testifies in favor of HB 3600.

TAPE 56, B

075

Chair Krummel

Requests Mr. Herbison summarize his points.

082

Herbison

Asserts it is important to understand the intent of the fees.

086

Rep. Prozanski

Differs from Mr. Herbison’s opinion.

096

Herbison

Challenges. Differentiates the types of fees. 

125

Rep. Kitts

Requests Mr. Herbison to define advocacy groups.

129

Herbison

Notes the bill would not affect athletics.

133

Rep. Kitts

Requests examples of advocacy groups the bill would directly affect.

136

Herbison

Lists groups the bill would affect.

139

Rep. Kitts

Voices concern for those groups.

141

Herbison

Explains the groups must be viewpoint neutral.

151

Chair Krummel

Voices frustration.

154

Herbison

Concludes regarding the interpretation of the student fees. Believes HB 3600 is a housekeeping bill.

168

Lee Lasche

Oregon College Republicans (OCR). Testifies in favor of HB 3600. Comments on the off-campus nature of the fees in question.

194

Chair Krummel

Asks if OCR receives funds that the bill would affect.

197

Lasche

Negates and explains the on-campus Republican chapters do.

201

Chair Krummel

Inquires that Mr. Lasche believes OCR chapters should not receive fees.

203

Lasche

Believes fees are acceptable as long as they fund viewpoint neutral programs.

215

Rep. Wirth

Notices that there is no exact list of the groups to be de-funded.

218

Herbison

Offers organizations that will not receive fees.

220

Rep. Wirth

Asks if there is a list of groups the bill would affect.

221

Herbison

Responds there is a list.

222

Rep. Wirth

Requests the list of the groups HB 3600 would affect. Provides she has never been lobbied by a student organization.

228

Rep. Prozanski

Speaks on the de-funding process already in existence. Questions whether a vehicle for accountability exists through student governments.

240

Herbison

Responds there is no accountability listed by statute. Believes it is a misstatement that students have complete control over the funds. Recalls past cases regarding fees and authorization.

262

Rep. Prozanski

Questions the opinions that Mr. Herbison has presented. Inquires about the allocation process being viewpoint neutral.

270

Herbison

Responds regarding the process of allocation and the organization. Reiterates the process must be viewpoint neutral.

286

Dr. Richard Jarvis

Chancellor, Oregon University System (OUS). Testifies in opposition to HB 3600 on behalf of all Oregon university presidents. Believes the consideration of the removal of fees would send a ‘chilling message’ to all schools.

326

Grattan Kerans

OUS. Testifies in opposition to HB 3600. Believes students have the right and responsibility to account and distribute funds as they see fit. Speaks on the Board. Believes there is a constitutional problem with the bill.

358

Rep. Wirth

Asks if there are groups that have caused more of an ‘uproar’ than others.

361

Kerans

Believes institutions of higher learning should allow groups of all kinds to voice opinions. Thinks the bill would be a silencing to groups. Believes the amendment to the measure is ‘an invitation’ to litigation. Suggests that the committee refrain from that.

TAPE 57, A

015

Rep. Prozanski

Provides an example of city taxes citizens pay to illustrate the issue.

020

Kerans

Responds it is an analogous situation.

035

Gregg Magnus

Student Body President, Western Oregon University (WOU). Testifies in opposition to HB 3600 (EXHIBIT K). Notes it is the expectation of students to have their voices heard. Adds the fees they pay are for this.  Believes the language is sweeping and the bill may have unintended results.

084

Jason Thelen

Associated Student Body Vice President, Southern Oregon University (SOU). Testifies in opposition of HB 3600 (EXHIBIT M). Offers that he is a College Republican (CR) and disagrees with the opinion that CR’s propone the measure. Believes the student fee process is a necessary and valid one.   

132

Naomi Hynes

College Republicans, Southern Oregon University (SOU). Testifies in opposition to HB 3600. Points out that much of the lobbying is done on at a campus level.

160

Rep. Wirth

Regrets the bill has taken away attention from the fight for higher education funding. Asks if there is anyone in support of the bill besides the two who testified in favor of it.  

170

Magnus

Responds he has heard of no other support.

175

Christian Matheis

Student. Testifies in opposition of HB 3600 (EXHIBIT N).

210

Andy Saltz

Oregon Student Association (OSA). Testifies in opposition of HB 3600. Introduces board members of the OSA.  

226

Chair Krummel

Asks that even with the -1 amendments OSA would still be opposed to the bill.

230

Saltz

Affirms.

240

Rep. Prozanski

Remarks.

245

Chair Krummel

Closes public hearing on HB 3600. Opens public hearing on HB 3380.

HB 3380 – PUBLIC HEARING

246

Chair Krummel

Closes public hearing on HB 3380. Opens public hearing on HB 2278.

HB 2278 – PUBLIC HEARING

260

Dave Heynderickx

Deputy, Legislative Counsel (LC). Explains the bill.

280

Rep. Lane Shetterly

House District 23. Testifies in favor of HB 2278. Notes there are amendments (EXHIBIT O).

358

Rep. Prozanski

Comments.

367

Dave Kenagy

Executive Director, Oregon Law Commission (OLC). Provides information on HB 2278 (EXHIBIT P). Introduces his colleagues.

392

Rep. Prozanski

Asks about the side orders.

395

Heynderickx

Responds regarding a section by section analysis.

398

Wendy Johnson

OLC. States they support the -3 amendments.

405

Robin Freeman

Oregon People’s Utility Commission. Testifies in favor of HB 2278 (EXHIBIT Q). Supports the -3 amendments.  

409

Chair Krummel

Closes public hearing and opens work session on HB 2278.

HB 2278 – WORK SESSION

411

Rep. Mabrey

MOTION:  Moves to ADOPT HB 2278-3 amendments dated 3/26/03.

414

 

VOTE:  5-0-2

EXCUSED:  2 - Kitts, Nelson

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

417

Rep. Mabrey

MOTION:  Moves HB 2278 to the floor with a DO PASS AS AMENDED recommendation.

420

 

VOTE:  5-0-2

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

EXCUSED:  2 - Kitts, Nelson

 

Chair Krummel

The motion CARRIES.

REP. SHETTERLY will lead discussion on the floor.

428

Chair Krummel

Closes work session on HB 2278. Opens public hearing on HB 3319.

HB 3319 – PUBLIC HEARING

450

Patrick Brennan

Reads SMS on HB 3319. Notes the -1 amendments (EXHIBIT R).

460

Mardale Dunsworth

Oregon Department of Education (ODE). Testifies on HB 3319. (EXHIBIT S). Notes there will be a fiscal impact to ODE if the bill passes. Requests an amendment to define ‘art’ and to include all fine arts.   

488

Rep. Prozanski

Clarifies she is with ODE and requests the position of ODE on the bill.

491

Dunsworth

Affirms and responds ODE is neutral on the bill.

TAPE 58, A

003

Randy Hildebrand

Chief of Staff, Senate Republican Office. Testifies in favor of 3319.

040

Rep. Prozanski

Responds to one of Mr. Hildebrand’s statements regarding education funding and art.

050

Hildebrand

Negates and disagrees.

055

Rep. Prozanski

States that is not his impression of the issue.

058

Hildebrand

Argues it is a choice between artists and school teachers.

067

Rep. Prozanski

Responds he respectfully disagrees.

070

Nicole Brugato

Legislative Assistant to Rep. Cliff Zauner, House District 22. Testifies in favor of HB 3319 (EXHIBIT T).

090

Christine d’arcy

Executive Director, Oregon Arts Commission. Testifies in opposition to HB 3319.

105

Linda Worral-Poole

Marion County Artist. Testifies against HB 3319.

167

Chair Krummel

Closes public hearing on HB 3319. Excuses members and explains the bills to follow will have tap hearings.

184

Rep. Prozanski

Remarks on meeting.

187

Chair Krummel

Opens public hearing on HB 3496.

HB 3496 – PUBLIC HEARING

189

Chair Krummel

Closes public hearing on HB 3496. Opens public hearing on HB 2961.

HB 2961 – PUBLIC HEARING

191

Chair Krummel

Closes public hearing on HB 2961. Opens public hearing on HB 2857.

HB 2857 – PUBLIC HEARING

193

Chair Krummel

Closes public hearing on HB 2857. Opens public hearing on HB 3612.

HB 3612 – PUBLIC HEARING

195

Chair Krummel

Closes public hearing on HB 3612. Adjourns meeting at 11:14 AM.

 

EXHIBIT SUMMARY

 

A – HJR 32, Ken Strobeck, 2 pp

B – HB 3109-1, Staff, 2 pp

C – HB 3110-1, Staff, 2 pp

D – HB 3109 and HJR 34, Dennis Luke, 2 pp

E – HB 3110, Dennis Luke, 2 pp

F – HB 3109, Marty Wynne, 1 p

G – HB 3110, Tim Lutz, 2 pp

H – HB 3600-1, Staff, 1 p

I – HB 3600, Various, 14 pp

J – HB 3600, Various, * pp

K – HB 3600, Gregg Magnus, 3 pp

L – HB 3600, Jason Thelen, 2 pp

M – HB 3600, Any Saultz, 2 pp

N – HB 3600, Christian Matheis, 3 pp

O – HB 2278-3, Staff, 2 pp

P – HB 2278, Dave Kenagy, 8 pp

Q – HB 2278, Robin Freeman, 1 p

R – HB 3319-1, Staff, 1 p

S – HB 3319, Mardale Dunsworth, 4 pp

T – HB 3319, Rep. Cliff Zauner, 2 pp