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