HOUSE COMMITTEE ON GENERAL GOVERNMENT

April 17, 2003 Hearing Room D

8:30 AM Tapes 64 - 68

MEMBERS PRESENT: Rep. Jerry Krummel, Chair

Rep. Donna Nelson, Vice-Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Derrick Kitts

Rep. John Mabrey

Rep. Kelley Wirth

MEMBER EXCUSED: Rep. Brad Avakian

STAFF PRESENT: Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

MEASURES HEARD: HB 2410 – Work Session

HB 3219 – Work Session

HB 3609 – Work Session

HB 3380 – Work Session

HB 3114 – Work Session

HB 2739 – Work Session

HB 3573 – Work Session

HJR 19 – Work Session

HM 4 – Work Session

HM 5 – Work Session

HM 6 – Work Session

HM 8 – 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 64, A
004	Chair Krummel	Calls meeting to order at 8:53 AM. Opens work session on HB 2410.
HB 2410 – WORK SESSION
012	Dr. Grant Higginson	State Public Health Officer, Department of Human Services (DHS). Explains -6 amendments (EXHIBIT A) by sections. Comments on designation of emergencies. States the idea is not to ask health care facilities to do additional work. Believes the key stake holders are now fine with the bill as amended.
059	Chair Krummel	Asks if he has spoken with the fire districts and the Association of Federal, State, County, and Municipal Employees (AFSCME).
065	Dr. Higginson	Notes he has not, as that was not the focus.
068	Chair Krummel	Thinks there are minor issues the organizations do have. Asks the parties work together on the Senate side to resolve the issues.
077	Dr. Higginson	States he would be happy to work with them and that the focus was on health care providers.
082	Rep. Kitts	MOTION: Moves to ADOPT HB 2410-6 amendments dated 4/16/03.
085		VOTE: 4-0-3 EXCUSED: 3 - Avakian, Nelson, Wirth
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
090	Rep. Kitts	MOTION: Moves HB 2410 to the floor with a DO PASS AS AMENDED recommendation.
093		VOTE: 4-0-3 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Avakian, Nelson, Wirth
	Chair Krummel	The motion CARRIES. REP. PROZANSKI will lead discussion on the floor.
098	Chair Krummel	Closes work session on HB 2410. Opens work session on HB 3609.
HB 3609 – WORK SESSION
104	Rep. Farr	House District 14. Testifies in favor of HB 3609.
118	Rep. Gallegos	House District 29. Testifies in favor of HB 3609 (EXHIBIT B). Refers committee to information on the issue (EXHIBIT C).
187	Rep. Kitts	Asks Mr. Brennan if there is a fiscal statement on the bill.
190	Patrick Brennan	Committee Administrator. Responds that there is not one currently but the costs of the pilot program are estimated at around $50,000.
197	Rep. Kitts	Asks the Chair if he intends to move the bill to Ways and Means.
200	Chair Krummel	Requests the committee let Rep. Gallegos testify to that issue.
204	Rep. Gallegos	Notes they wish to amend the bill on the Senate side to clearly articulate Department of Human Services (DHS) work on the issue. Believes the work may significantly reduce the cost.
235	Chair Krummel	Asks whether cost savings are specific to Washington County.
240	Rep. Gallegos	Concurs and notes that the funding was reduced and savings were still realized.
250	Chair Krummel	Clarifies the savings are to Medicaid and Medicare services.
260	Rep. Gallegos	Answers it was a savings to taxpayers.
279	Rep. Nelson	Voices concern that there is discrimination among counties with the bill. Requests the bill be amendment to include all counties.
295	Rep. Gallegos	Understands Rep. Nelson’s concern. States the largest savings would be to the three counties included as they have the most veterans. Notes the fiscal impact would increase if all counties were included, but adds she would be happy to include all of them.
314	Chair Krummel	Asks if counties could be prevented from contracting with the service provider to utilize the services.
318	Rep. Gallegos	Responds she is not knowledgeable in the area.
322	Chair Krummel	Points out there may be savings to other counties if they took this on.
327	Rep. Farr	Notes there is an additional cost to the program but that cost savings will be realized to taxpayers and to DHS.
337	Rep. Nelson	Believes it is difficult to distinguish which veterans deserve the service. Reiterates her request for the bill to be all inclusive.
350	Rep. Farr	Concurs.
356	Rep Gallegos	States they would be happy to work on it.
358	Rep. Mabrey	Supports the pilot program.
365	Chair Krummel	Notes his mother is a veteran and that they have availed to use some of the services and receive some benefits resulting in an overall savings to the DHS of Washington.
391	Rep. Prozanski	Clarifies the veteran services officers
395	Rep. Gallegos	Explains on the county organization.
403	Rep. Prozanski	Assumes some counties contract with others. Asks Rep. Farr about the issue in terms of Lane County.
415	Rep. Farr	Responds.
TAPE 65, A
003	Rep. Prozanski	Poses question regarding Lane County.
004	Rep. Farr	Wishes to get him a definitive answer on the issue.
006	Rep. Gallegos	Offers the situation in Eugene in facilitating the services.
016	Chair Krummel	Recesses work session on 3609. Opens work session on HB 3114.
HB 3114 – WORK SESSION
021	Rep. Betsy Close	House District 15. Testifies in favor of HB 3114.
030	Chris Negahbani	Testifies in favor of HB 3114 (EXHIBIT D).
060	Rep. Prozanski	Asks Rep. Close about the -3 amendments (EXHIBIT E) regarding patriotic organizations.
065	Rep. Close	Refers the committee to information on patriotic organizations (EXHIBIT F).
070	Rep. Prozanski	Speak on patriotic organizations.
080	Rep. Close	States the -3 amendments are not what was intended, and requests the committee consider the bill without them.
090	Chair Krummel	Responds regarding the amendments.
097	Rep. Close	Notes the -3 amendments were much broader than anticipated.
100	Chair Krummel	Clarifies the use of US code.
107	Rep. Close	Concurs.
112	Chair Krummel	Asks if the bill without amendments would retain the intent.
116	Rep. Prozanski	Voices concerns with constitutionally of the bill. Thinks that with the No Child Left Behind (NCLB) Act there may also be a conflict.
143	Cindy Hunt	Legislative Counsel Office (LC).
148	Chair Krummel	Explains the concern with the changes in -3 amendments.
166	Rep. Prozanski	Voices concern with lines 8-10 of as they may have constitutional problems and with lines 4 and 5 of the -3 amendments additionally.
176	Hunt	Responds with regard to federal law including NCLB provisions. Notes that if a school district goes against the laws, it risks losing federal funding. Does not necessarily see a constitutional problem with HB 3114. Explains the intent pf the -3 amendments. Believes constitutional concerns may be present with regard to the Oregon Constitution.
232	Rep. Close	Asks Ms. Hunt about the groups the law would apply to.
235	Hunt	Answers concerning the inclusion of various youth group and original federal law.
252	Rep. Close	Appears that the original bill would adhere to the constitution
273	Rep. Prozanski	Wonders if the school district could then limit the times groups meet.
277	Hunt	Concurs and explains school districts allowances for groups.
281	Rep. Nelson	Expresses curiosity about lines 8-10 of the amendments regarding school hours being used for youth groups.
297	Hunt	Answers the concern may be a different issue not necessarily covered by federal law. Explains it is a decision for the school districts and may be different than current school policies.
323	Rep. Nelson	Recommends upon possible amendments that the reference be stricken from the bill.
332	Hunt	Replies it was not included in the original bill
336	Rep. Close	Adds it was not the intent either.
340	Chair Krummel	Comments.
345	Rep. Nelson	Wonders if the ‘anti-bully’ law would law would entertain the issues.
356	Hunt	Explains it is not something necessarily addressed by federal law and it would be a choice for school districts.
371	Rep. Nelson	Believes every school district was asked to adopt a policy on that.
377	Rep. Close	Notes every group who break the law can be prohibited under law.
413	Rep. Mabrey	Clarifies his understanding of the bill. States he would like to see some local control on the issue.
TAPE 64, B
007	Rep. Close	Explains the bill says the choice to deny access exists.
015	Rep. Prozanski	Clarifies the Title 36 law was limited to high schools.
020	Hunt	Concurs, but notes that NCLB applies to all grades.
029	Rep. Prozanski	Asks if Title 36 additionally limits groups.
033	Hunt	Concurs and adds that an open forum is required for all groups to meet under Title 36.
035	Rep. Nelson	Clarifies that groups not listed can be included on the list of patriotic and national organizations.
045	Hunt	Answers that all youth groups can be included under law, under Title 36 is a different issues.
051	Rep. Close	Requests the committee stay with the original bill.
052	Chair Krummel	Confirms.
054	Rep. Wirth	Asks about Corvallis School District’s current policy.
058	Hunt	Answers with her knowledge of the current policy. Believes the district would be fine by the bill.
064	Rep. Wirth	Requests a synopsis of policy without the amendment.
066	Hunt	Assumes the policy in Corvallis would not change.
070	Rep. Wirth	Asks what changes school districts would need to make.
073	Rep. Close	Believes there is a fee that is not being collected.
083	Rep. Wirth	Clarifies that under the bill, schools could not prevent meetings of groups such as White Supremacists.
089	Rep. Close	Responds there is no problem as long as groups are within the law.
092	Rep. Kitts	Agrees with Rep. Close that the groups are a ‘gray area’. Asks if the bill excludes anyone from coming into the schools as long as they are youth groups. States he does not wish to exclude groups he disagrees with.
105	Hunt	Answers it is ‘all or nothing’. Says she does not know of any school districts who have chosen the latter.
114	Rep. Kitts	Recites the wording as ‘to allow’. Clarifies the bill would preempt inclusion.
117	Hunt	Notes the wording later in the bill would not.
126	Rep. Wirth	Asks how the policy will be released and asks how schools will be expected to perform this.
130	Hunt	Notes that if the Superintendent of Public Instruction finds out about non-compliance, she can conduct an investigation and hearing, and stop funds.
143	Rep. Wirth	Asks if there is anything to prevent citizens from checking on the policy.
145	Hunt	States she does not see a reason.
151	Chair Krummel	Remarks that would always be the case.
154	Rep. Wirth	Asks how compliance would be found.
157	Hunt	Responds that if a complaint comes up, schools generally choose to comply. Notes one exception where state funds were withheld.
170	Rep. Prozanski	Clarifies who would have standing.
175	Hunt	Believes a school board could hear complaints. Informs she is unsure of a standing issue with the superintendent.
180	Rep. Nelson	Recalls legislation from last session that opened all school facilities are open to all schools for use.
190	Hunt	States she is unsure of the law, but will check.
197	Rep. Wirth	Understands there are currently no schools in violation.
200	Rep. Close	Responds that to her knowledge there are no violations.
203	Chair Krummel	Recesses work session on HB 3114. Opens work session on HB 3573.
HB 3573 – WORK SESSION
217	Rep. Jackie Dingfelder	House District 45. Explains -2 amendments (EXHIBIT G).
254	Chair Krummel	States his understanding of the impact.
254	Rep. Dingfelder	Ensures there will be only minor impact due to private funding.
259	Rocky Johnson	Director, Community Action Team. Testifies in favor of HB 3573 (EXHIBIT H). Requests the subsequent referral be rescinded as private funds will be sought and the Governor has been notified.
269	Rep. Prozanski	States a desire to move the bill to Ways and Means. Confirms Mr. Johnson’s statements.
271	Johnson	Confirms.
273	Rep. Kitts	Suggests rescinding the referral may be placing the ‘cart before the horse’.
282	Rep. Dingfelder	States it would be difficult to raise the funds without the bill. Adds that by expanding the partnership allowed by the bill, funds can be achieved.
301	Rep. Kitts	Respectfully disagrees with raising funds after the fact, although he supports the concept.
314	Johnson	Responds that he has no doubt the funds will be raised.
321	Rep. Nelson	Speaks on her concerns for hunger in Oregon. Understands that there are funds already available.
341	Rep. Dingfelder	Responds she would be happy to look into the fund suggestions.
361	Rep. Nelson	Voices concern for the legislature having to do form a task force when agencies should be.
371	Adrienne Sexton	Legislative Fiscal Office (LFO).
383	Chair Krummel	Informs Ms. Sexton the proponents would like to rescind the subsequent referral and send the bill to the floor. Requests input on this.
393	Sexton	States she has compared the -2 amendments to the bill.
400	Chair Krummel	Requests what will happen if sufficient funds are not raised.
404	Sexton	Explains the Governor would have to draw from funds available if funds are not achieved.
TAPE 65, B
007	Rep. Prozanski	Clarifies a claim cannot be placed unless Governor gives his authority.
011	Sexton	Speaks on the permissive nature of the bill. Believes it could be a policy decision on the part of the Governor. Notes additional language applies that future appropriations could be allowed by the emergency fund. Refers the committee to section one and notes a discrepancy as the commission would not be a functioning budget entity.
044	Rep. Dingfelder	States the Governor’s Office was spoken with this morning and they do not wish to put a burden on his budget.
055	Chair Krummel	Provides suggestions for the bill.
059	Rep. Kitts	Clarifies a vote will not occur on the floor.
062	Chair Krummel	Negates.
064	Sexton	Offers LFO assumes that the Governor’s Office could go to the Emergency Board and that the bill therefore need not go to Ways and Means.
079	Rep. Prozanski	MOTION: Moves to ADOPT HB 3573-2 amendments dated 4/14/03.
082		VOTE: 6-0-1 EXCUSED: 1 - Avakian
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
085	Rep. Prozanski	MOTION: Moves HB 3573 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
090	Rep. Kitts	Voices concerns that a commission will be looking at the problem of hunger. Will vote yes in committee, but not necessarily on the floor.
099	Rep. Prozanski	Understands the -2 amendments allow the commission to generate funds in a not-for-profit sense.
105	Rep. Kitts	Does not feel there is sufficient evidence the funds will be raised. Prefers the money is raised first.
110	Rep. Nelson	Comments that for the past four years she has worked to end hunger in the state as it is her most aggressive concern. Believes the Oregon Hunger Task Force should be ended, and that an agricultural network should be created. Remarks further her hope that the commission ends hunger.
135		VOTE: 4-2-1 AYE: 4 - Kitts, Mabrey, Nelson, Prozanski NAY: 2 - Wirth, Krummel EXCUSED: 1 - Avakian
	Chair Krummel	The motion CARRIES. REP. DINGFELDER will lead discussion on the floor.
140	Chair Krummel	Closes work session on HB 3573. Opens work session on HB 3380.
HB 3380 – WORK SESSION
145	Fred VanNatta	Testifies on HB 3380. Refers committee to -2 and -5 amendments on the bill (EXHIBITS I & J). Provides written testimony by Rep. Tom Butler on the measure (EXHIBIT K).. Explains the -5 amendments.
187	Rep. Prozanski	Asks if the states will be obligated in the event of a default.
193	VanNatta	Does not believe the state will be obligated. Continues testimony. Speaks on the provision of the -2 amendments.
243	Rep. Prozanski	Clarifies it is for all semi-independent agencies.
249	VanNatta	Concurs.
252	Rep. Prozanski	Questions the fees involved.
255	VanNatta	Responds that fees are self-supported. Encourages adoption of the -2 and -5 amendments.
264	Rep. Nelson	Clarifies the agencies
274	VanNatta	Responds that statute includes licensing boards.
285	Rep. Nelson	Explains her issue is that boards need to purchase real property.
292	VanNatta	Less expensive to operate that way
296	Rep. Nelson	Explains her reasons for questioning. Understands the boards function for their membership. Asks about board membership voting. Thinks the first amendment could be violated.
321	VanNatta	Responds funded licensing boards pay fees to finance the board which in turn rents or buys real property.
341	Rep. Wirth	Poses situation, asks if semi-independent boards and commission are benefiting in borrowing money for property.
359	VanNatta	Does not know if it will benefit them.
375	Rep. Wirth	Requests what occurs if a board is abolished.
381	VanNatta	Answers regarding foreclosure.
386	Rep. Wirth	Clarifies there is no liability.
388	VanNatta	Affirms.
389	Rep. Prozanski	Refers to lines 15-19 of HB 3380 on payment for a board. Voices concern that DAS has control and that state could be liable.
TAPE 66, A
003	VanNatta	Notes there will be changes in the Senate to delete subsection line 17. Explains the reasoning.
023	Rep. Prozanski	Clarifies part of -5 he would like to take out in the Senate.
027	VanNatta	Answers he does not believe states will be liable for debt.
035	Rep. Prozanski	Supports the bill, but wants to ensure clarification of the state involvement by this evening.
040	Rep. Nelson	Thinks there is a challenge.
045	Chair Krummel	Informs the committee of his intentions. States LC will be present this evening on the bill. Recesses the work session on HB 3380.
053	Rep. Nelson	Asks if the committee should vote on HB 2410.
055	Chair Krummel	Informs it will be voted when the committee reconvenes. Recesses the committee at 10:52 AM.
TAPE 67, A
004	Chair Krummel	Reconvenes the meeting at 4:24 PM. Reopens the work session on HB 3609.
HB 3609 – WORK SESSION
005	Patrick Brennan	Reads SMS on HB 3609. Notes there are no amendments.
006	Rep. Mabrey	MOTION: Moves HB 3609 to the floor with a DO PASS recommendation.
017	Rep. Nelson	Voices disappointment that the bill would be moved or passed as it discriminates against veterans. Believes the bill is an injustice and a disgrace.
024	Rep. Mabrey	Sympathizes with Rep. Nelson’s statements. Does not think there is the money to implement the project statewide.
040	Rep. Nelson	Wonders if the bill will have a further referral to Ways and Means.
049	Chair Krummel	Does not think the bill has a further referral to Ways and Means and points out the subsequent referral could be added in the Senate. Thinks the sponsors of the bill are attempting to validate the program by using the three counties. Says he does not think there is anything preventing counties from implement the programs themselves.
070		VOTE: 5-1-1 AYE: 5 - Kitts, Mabrey, Prozanski, Wirth, Krummel NAY: 1 - Nelson EXCUSED: 1 - Avakian
	Chair Krummel	The motion CARRIES. REP. FARR & REP. GALLEGOS will lead discussion on the floor.
075	Chair Krummel	Closes work session on HB 3609. Opens work session on HB 2739.
HB 2739 – WORK SESSION
085	Rep. George Gilman	House District . Explains the two amendments to HB 2739 (EXHIBITS L & M). Believes there may be a problem with the -1 amendment but encourages it be passed to the Senate. Explains the -2 amendments offer something altogether.
111	Chair Krummel	Clarifies the amendments to be passed.
114	Rep. Gilman	Concurs.
117	Doug Tindall	Oregon Department of Transportation (ODOT). Explains the -2 amendment will help to build a new maintenance station.
129	Rep. Prozanski	Asks if the -2 amendment will expedite the process.
132	Tindall	Concurs.
133	Rep. Prozanski	Asks if ODOT is comfortable with the -1 amendments.
134	Tindall	Responds the -1 amendments have no impact on ODOT.
135	Rep. Kitts	MOTION: Moves to ADOPT HB 2739-1 amendments dated 4/8/03.
137		VOTE: 6-0-1 EXCUSED: 1 - Avakian
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
139	Rep. Kitts	MOTION: Moves to ADOPT HB 2739-2 amendments dated 4/9/03.
142	Rep. Nelson	Recalls there was a request for a list of the state owned land.
146	Chair Krummel	Concurs that was a request.
154	Rep. Kitts	Answers it was.
158	Rep. Nelson	Notes Division of State Lands (DSL) did not provide the list. Questions why the committee is hearing from ODOT on the matter.
164	Chair Krummel	Thinks the -2 amendments can expedite the process while still maintaining the relating to clause.
175	Rep. Nelson	Clarifies an addition to the bill under -2 amendments.
180		VOTE: 6-0-1 EXCUSED: 1 - Avakian
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
185	Rep. Kitts	MOTION: Moves HB 2739 to the floor with a DO PASS AS AMENDED recommendation.
204	Rep. Nelson	Recalls the previous discussion on the bill and believes there is no real way to evaluate it currently. States she is unsure of how to proceed.
217	Chair Krummel	Believes the committee will rely on agency determination of the use of the land. Thinks it creates a way for the agency to substantiate the need to own property.
231	Rep. Wirth	Clarifies the bill would authorize and establish a presumption that it is not in the public interest to maintain the property.
239	Rep. Mabrey	Knows that in county government properties were deeded as open space. Expresses the belief that the bill is a mechanism to allow department heads to determine the use and the need for the land.
263	Rep. Nelson	Notes another issue is of who receives the money from the land. Voices concern that there may be many questions on the house floor.
281	Chair Krummel	Asks Rep. Gilman where the money is distributed.
284	Rep. Gilman	Replies that it is primarily the Common School Fund. Notes he is not an authority.
292	Rep. Nelson	Asks who gets the funds. Recalls information discussed in the March 20 meeting.
312	Chair Krummel	Explains the issue for working the bill as the deadline is today.
326	Rep. Nelson	Asks if it could be referred to another committee
330	Chair Krummel	Offers to do either.
332	Rep. Mabrey	Offers a partial answer to the question
342	Rep. Nelson	Notes some of the property was easement.
347	Chair Krummel	Notes there are details to address.
353	Rep. Wirth	Understands the bill would do more than facilitate property. Believes it establishes a presumption that the land is surplus.
367	Rep. Prozanski	States he will support the bill in committee.
370		VOTE: 5-1-1 AYE: 5 - Kitts, Mabrey, Nelson, Prozanski, Krummel NAY: 1 - Wirth EXCUSED: 1 - Avakian
	Chair Krummel	The motion CARRIES. REP. GILMAN will lead discussion on the floor.
381	Chair Krummel	Closes work session on HB 2739. Opens work session on HB 3380.
HB 3380 – WORK SESSION
395	Chuck Smith	Oregon State Treasury. Addresses issue. Explains they are fine with the amendments (EXHIBITS I & J).
415	Chair Krummel	Asks if the treasury is comfortable with the -5 amendments.
417	Smith	Affirms and states the treasury is neutral on the bill.
TAPE 66, B
005	Rep. Prozanski	Recalls his earlier concern on control over the property. Understands the intent of the proponents.
022	Smith	Notes there is a member in the audience who can answer that.
025	Christine Chute	Oregon Department of Justice, Attorney General’s Office. Responds to Rep. Prozanski’s earlier concerns. Does not see a problem. Explains the process that would occur.
048	Rep. Prozanski	Clarifies the agencies will not obligate the states to incur costs on agency purchases.
054	Chute	Affirms.
056	Rep. Nelson	Notes the agency also includes the children’s trust fund. Believes that does not fit it with the other agencies and boards.
065	Chute	Believes the trust fund is the only semi-independent agency on the list. States she has limited knowledge of the agency.
073	Rep. Nelson	States she has a problem with the wording.
078	Chute	States they are listed in statute specifically. Lists all boards included by name.
095	Rep. Nelson	Comments on the relating to clause and thinks the relating clause does not apply.
102	Chute	Refers to statute to answer her question. Adds appraisers board to list of semi-independents.
111	Rep. Nelson	States that her concern is that semi-independent boards will abuse the first amendment rights and adds there is no protection for the use of the money.
132	Chute	Offers to talk to her further.
135	Rep. Kitts	MOTION: Moves to ADOPT HB 3380-2 amendments dated 4/9/03.
140		VOTE: 6-0-1 EXCUSED: 1 - Avakian
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
141	Rep. Kitts	MOTION: Moves to ADOPT HB 3380-5 amendments dated 4/16/03.
143		VOTE: 6-0-1 EXCUSED: 1 - Avakian
	Chair Krummel	Hearing no objection, declares the motion CARRIED.
145	Rep. Kitts	MOTION: Moves HB 3380 to the floor with a DO PASS AS AMENDED recommendation.
149		VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Avakian
	Chair Krummel	The motion CARRIES. REP. BUTLER will lead discussion on the floor.
155	Chair Krummel	Closes work session on HB 3380. Opens work session on HJR 19.
HJR 19 – WORK SESSION
156	Patrick Brennan	Reads SMS on HJR 19. Notes -1 amendments (EXHIBIT N).
170	Rep. Jeff Kropf	House District 17. Testifies in favor of HJR 19 (EXHIBIT O). Refers the committee to the graph on page two of his testimony to explains the economic security fund. Explains his reasoning for bringing the issue forward.
264	Rep. Krummel	Comments.
269	Rep. Kropf	Responds that under the constitutional concept there could be a mechanism to comply with the hope of the voters.
276	Rep. Prozanski	Clarifies his approach and his intent with the bill for monies to go to education. Interprets Rep. Kropf’s statements.
299	Rep. Kropf	Explains that would not be the effect of the legislation and that his staff has worked with the Legislative Revenue Office (LRO). Relays the information he has received from LRO regarding the kicker. Offers he is open to suggestions on making this a more viable idea.
340	Rep. Nelson	Comments on Rep. Kropf’s concern for the taxpayers. Thinks there are some refinements to be done in the area for state business.
362	Rep. Kropf	Reiterates he is more than willing to embrace ideas for the bill.
376	Rep. Wirth	Asks if there is any priority base for the rainy day fund and asks what those funds can be used for.
385	Rep. Kropf	Answers the stability fund would always be the first fund accessed.
TAPE 67, B
003	Rep. Kropf	Continues the education stability fund should not be utilized first for funds
007	Chair Krummel	Urges work on the bill to continue.
012	Rep Kropf	Appreciates the consideration.
016	Rep. Wirth	Wonders about the fiscal impact.
027	Chair Krummel	Asks about the charge that once again hands of the legislature could be tied to make laws and balance state spending.
025	Rep. Kropf	Offers that constitutional cap can be avoided with a large majority vote, comments on the savings that could have been incurred had the leg invested the money. Believes that the legislature will not have exercised good judgment if it does not set money aside.
049	Chair Krummel	Closes work session on HJR 19. Opens work session on HB 3219.
HB 3219 – WORK SESSION
052	Patrick Brennan	Reads SMS on HB 3219. Notes the subsequent referral to Ways and Means.
061	Ozzie Rose	Confederation of School Administrators (COSA). Asks the committee to not move HB 3219. Objects to any use of state school fund budget for new programs.
093	John Marshall	Oregon School Boards Association (OSBA). States he concurs with Mr. Rose. Notes there are 28 alternative programs that are funded by the school district in Portland. Thinks those programs are as useful as the one located in Bend. Does not think a funding mechanism should be used t for one.
119	Chuck Bennett	COSA. Concurs.
125	Rep. Nelson	Does not know of an alternative school in Oregon with the success rate the Oregon Youth Challenge Program has. Asks if it would be more prudent to place money into a successful program instead of monies placed in the general fund.
150	Marshall	Does not doubt that the other programs are successful as well. Submits that each of the other 28 programs may also be as successful. Explains the issue is that one program schools d not be singled out and funded at the expense of others.
163	Rep. Nelson	Responds that is not her point. Reiterates that there are students that ‘do not function without discipline’. Believes students are helped in the program and the public schools should be relieved of the burden. Elaborates on the need for the program.
195	Rose	Concurs that the type of program is good for some kids. Explains the funding process. Objects to the cut in the state school fund budget to fund one program.
213	Rep. Mabrey	Asks Mr. Rose about the term ‘adjudicated’ children.
221	Rose	Affirms.
228	Rep. Kitts	MOTION: Moves HB 3219 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
231	Chair Krummel	Requests he withdraw his motion.
237	Rep. Kitts	Withdraws motion.
240	Ralph Groener	AFSCME. Testifies in favor of HB 3219. Provides his own situation. Notes the program is statewide and includes every county.
292	Chair Krummel	Asks Mr. Groener if he thinks it would be appropriate because it is a statewide program.
300	Groener	Affirms and lists demographics.
306	Chair Krummel	Notes the school fund issues being the appropriateness as it is an alternative program.
320	Groener	Adds that students return to the school system successfully. Sees differences in the program as it is military based. Thinks it should qualify for the funding
343	Rep. Prozanski	Asks if programs should be funded at the same level.
349	Groener	Believes funding at 2.0 would be fine from his point of view.
353	Greg Warnock	Oregon Veterans Association (OVA). Provides statistics on funding for the program (EXHIBIT P). States OVA supports the program. Offers he has a son in the program currently to illustrate that the program is an academic one.
415	Rep. Kitts	MOTION: Moves HB 3219 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
TAPE 68, A
002	Chair Krummel	States he would like to send the bill to Ways and Means as funding needs to be discussed.
011	Rep. Prozanski	Comments on the OYA program versus other alternative programs. States he will vote ‘yes’ in committee for the program. Believes that funding should be at the same level.
024	Rep. Nelson	Comments on the program and its usefulness. Believes the program is important. Offers personal experience. Thanks Col. Caldwell and his colleagues.
038		VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Avakian, Wirth
	Chair Krummel	The motion CARRIES.
045	Chair Krummel	Closes work session on HB 3219. Reopens work session on HB 3114.
HB 3114 – WORK SESSION
048	Chair Krummel	States there are constitutional issues with the measure. Closes work session on HB 3114. Opens work session on HM 4.
HM 4 – WORK SESSION
053	Patrick Brennan	Reads SMS on HM 4. Explains the bill.
064	Rep. Kitts	MOTION: Moves HM 4 be sent to the floor with a BE ADOPTED recommendation.
076	Rep. Prozanski	States he will not be supporting the memorial. Comments on the areas that funding could be better utilized.
092		VOTE: 4-1-2 AYE: 4 - Kitts, Mabrey, Nelson, Krummel NAY: 1 - Prozanski EXCUSED: 2 - Avakian, Wirth
	Chair Krummel	The motion CARRIES. REP. KNOPP will lead discussion on the floor.
096	Chair Krummel	Closes work session on HM 4. Opens work session on HM 5.
HM 5 – WORK SESSION
098	Patrick Brennan	Reads SMS on HM 5.
	Don Schellenberg	Oregon Farm Bureau. Submits written testimony on HM 5.
105	Rep. Kitts	MOTION: Moves HM 5 be sent to the floor with a BE ADOPTED recommendation.
106	Rep. Prozanski	Does not agree with the memorial. Comments on the corporate taxation. States he would like to see tax equity.
115	Rep. Nelson	States anything that can be done for citizens to keep money is good.
120	Chair Krummel	Comments on the estate tax. Supports the memorial.
130		VOTE: 4-1-2 AYE: 4 - Kitts, Mabrey, Nelson, Krummel NAY: 1 - Prozanski EXCUSED: 2 - Avakian, Wirth
	Chair Krummel	The motion CARRIES. REP. KNOPP will lead discussion on the floor.
134	Chair Krummel	Closes work session on HM 5. Opens work session on HM 6.
HM 6 – WORK SESSION
136	Patrick Brennan	Reads SMS on HM 6.
141	Rep. Kitts	MOTION: Moves HM 6 be sent to the floor with a BE ADOPTED recommendation.
146	Rep. Prozanski	States the memorial seems to benefit everyone.
151	Rep. Nelson	Supports the memorial.
154		VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Avakian, Wirth
	Chair Krummel	The motion CARRIES. REP. KNOPP will lead discussion on the floor.
162	Chair Krummel	Closes work session on HM 6. Notes HM 8 will not be moved at this time.
166	Rep. Prozanski	Provides notice of possible minority reports on HM 4 and HM 5.
172	Brennan	Offers protocol for the filing of minority reports.
183	Chair Krummel	Clarifies the rules for filing.
188	Brennan	Restates rules for filing minority reports.
193	Chair Krummel	Adjourns meeting at 6:03 PM.

EXHIBIT SUMMARY

A – HB 2410-6, Staff, 4 pp

B – HB 3609, Rep. Mary Gallegos, 12 pp

C – HB 3609, Rep. Mary Gallegos, 5 pp

D – HB 3114, Chris Negahbani, 1 p

E – HB 3114-3, Staff, 1 p

F – HB 3114, Rep. Betsy Close, 3 pp

G – HB 3573-2, Staff, 2 pp

H – HB 3573, Rocky Johnson, 1 p

I – HB 3380-2, Staff, 8 pp

J – HB 3380-5, Staff, 5 pp

K – HB 3380, Rep. Tom Butler, 1 p

L – HB 2739-1, Staff, 1 p

M – HB 2739-2, Staff, 2 pp

N – HJR 19-1, Staff, 4 pp

O – HJR 19, Rep. Jeff Kropf, 2 pp

P – HB 3219, Greg Warnock, 1 p

Q – HM 5, Don Schellenberg, 2 pp