HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 22, 2003 Hearing Room D

8:30 AM Tapes  69 - 70

 

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 2278A – Work Session

                                                SB 8 – Public Hearing and Work Session

                                                SB 9A – Public Hearing and Work Session

                                                SB 157 – Public Hearing and Work Session

                                                SB 211 – Public Hearing and Work Session

                                                SB 328A – Public Hearing and Work Session

                                                SB 584 – Public Hearing and 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 69, A

004

Chair Krummel

Calls meeting to order at 8:43 AM. Opens work session on HB 2278A.

HB 2278A – WORK SESSION

006

Patrick Brennan

Committee Administrator. Explains the error with the bill and the need for re-referral. Explains the –A4 amendments impact on the bill (EXHIBIT A).

022

Chair Krummel

Clarifies.

025

Rep. Prozanski

Clarifies.

027

Brennan

Affirms.

032

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2278-A4 amendments dated 4/18/03.

034

 

VOTE:  4-0-3

EXCUSED:  3 – Kitts*, Nelson*, Wirth*

 

Chair Krummel

Hearing no objection, declares the motion CARRIED.

037

Rep. Prozanski

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

040

 

VOTE:  4-0-3

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

EXCUSED:  3 - Kitts, Nelson, Wirth

 

Chair Krummel

The motion CARRIES.

REP. SHETTERLY will lead discussion on the floor.

028

Chair Krummel

Closes work session on HB 2278A. Opens public hearing on SB 8.

SB 8 – PUBLIC HEARING

030

Senate President Peter Courtney

District 11. Defers to Sen. Bruce Starr.

034

Sen. Bruce Starr

District 15. Testifies in favor of SB 8. Explains to the committee the need for the bill. Informs the committee of the work he has done on the bill regarding statewide amber alerts. Notes former Governor Kitzhaber created a taskforce to work on amber alerts.

100

President Courtney

Testifies in favor of SB 8 (EXHIBIT B). Notes the work of others on the bill. Explains the current Amber plan is an executive order. Speaks on the tragedy that created the alert system. Explains how the Amber Alert works. Points out there is no current law regarding amber alerts. Addresses possible questions on the need for the law as there is an executive order.

200

Rep. Avakian

Remarks on the executive order.

204

Rep. Mabrey

Refers the committee to page two of exhibit b and notes that he would be just as sad if individuals over the age of 17 were abducted. Asks why the age is set at 17 and younger.

221

President Courtney

Thinks that children are the most vulnerable members of society. Speaks on the intent of the legislation in Texas.

240

Chair Krummel

Refers the committee to the bill. Speaks on the Oregon State Police (OSP) flexibility allowances by the bill to include others if it chooses to.

254

Sen. Starr

Recognizes children are the most vulnerable citizens.

272

Rep. Prozanski

Speaks on the genesis of the program in Oregon relating to other states and qualifications of the Amber plan. Realizes that the terrain of Oregon makes it even more important to use a statewide system.

310

Gregory Willeford

Commander, OSP Bureau of Investigation. Testifies in favor of SB 8 (EXHIBIT C). Speaks on Oregon’s current Amber Alert system and the state’s Amber Alert Committee. Notes Congress has passed a related protection act that would establish a national Amber Alert coordinator and nationwide criteria. Explains the caution of law enforcement overusing media regarding events.

021

Doug Tindall

State Maintenance Engineer, Oregon Department of Transportation (ODOT). Testifies in favor of SB 8 (EXHIBIT D).

033

Rep. Prozanski

Asks Mr. Willeford if he sees an emergency clause in needed.

038

Willeford

Believes that is an option for the committee to consider.

048

Rep. Mabrey

Recalls a recent abduction. Asks if the law would provide more urgency with Amber Alerts then currently.

059

Willeford

Responds the law would solidify the importance of the alert system. Speaks on the abduction Rep. Mabrey was referring to.

079

Chair Krummel

Closes public hearing and opens work session on SB 8.

SB 8 – WORK SESSION

086

Chair Krummel

Asks Rep. Prozanski if he Would like to add the emergency clause.

090

Rep. Prozanski

Replies that he would like to as the situation is serious.

100

Chair Krummel

Believes the workgroup would continue anyway but states it is fine to include the clause.

109

Rep. Kitts

Poses question on the movement of the bill.

115

Chair Krummel

Asks Mr. Brennan to prepare amendments.

120

Rep. Prozanski

Recognizes Mr. Willeford and others on their remarkable and quick work on the alert system.

131

Chair Krummel

Closes work session on SB 8. Opens public hearing on SB 9A.

SB 9A – PUBLIC HEARING

140

Senate President Peter Courtney

District 11. Testifies in favor of SB 9 (EXHIBIT E). Comments on the inclusion of testimony of Paul Evans in his testimony. Offers a situation regarding health care for armed forces servants. Speaks on the Senate committee’s decision to mandate health coverage. Explains the amendments made in the Senate.

214

Colonel Mike Caldwell

Oregon Military Department (OMD). Testifies in favor of SB 9A. Believes the bill is valuable for Oregon individuals and health providers. Thinks the bill will solve individual problems that are quite dramatic.

260

Rep. Kitts

Thanks Col. Caldwell. Speaks on his experience in federal government with regard to health care provider TRI-CARE.

275

Chair Krummel

Requests Col. Caldwell to address the problem of insurance coverage upon injury in combat and during service.

300

Col. Caldwell

Explains the continuing care for individuals disabled during the course of duty and injured during service and their families. Believes the current war I has shown the importance of national guard provisions.

349

Chair Krummel

Asks Sen. Courtney about the donation of vacation time to national guard members in Portland.

365

Sen. Courtney

Notes he is unsure of the information to answer the question.

375

Col. Caldwell

Addresses vacation time donations and explains employment leave during service under law.

TAPE 69, B

006

Chair Krummel

Clarifies there is nothing in statue to prevent a city from doing that.

009

Col. Caldwell

Answers it is not a requirement, and left up to cities.

012

Chair Krummel

Closes public hearing and opens work session on SB 9A.

SB 9A – WORK SESSION

015

Rep. Kitts

MOTION:  Moves SB 9A to the floor with a DO PASS recommendation.

025

 

VOTE:  6-0-1

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

EXCUSED:  1 – Nelson*

 

Chair Krummel

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

025

Chair Krummel

Closes work session on SB 9A. Opens public hearing on SB 157.

SB 157 – PUBLIC HEARING

030

Paula Brown

Public Information Manager, Oregon Department of Veterans’ Affairs. Testifies in favor of SB 157 (EXHIBIT F). Provides agency overview of the OVA (EXHIBIT G).

061

Walter Crews

Non-Commissioned Officers Association (NCOA). Testifies in favor of SB 157.

071

Chair Krummel

Closes public hearing and opens work session on SB 157.

SB 157 – WORK SESSION

073

Rep. Prozanski

MOTION:  Moves SB 157 to the floor with a DO PASS recommendation.

076

 

VOTE:  6-0-1

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

EXCUSED:  1 – Nelson*

 

Chair Krummel

The motion CARRIES.

REP. PROZANSKI will lead discussion on the floor.

085

Chair Krummel

Closes work session on SB 157. Opens public hearing on SB 211.

SB 211 – PUBLIC HEARING

092

Carol Halford

Board of Architect Examiners. Testifies in favor of SB 211. Provides testimony of Kim Arbuckle (EXHIBIT H).

113

Chair Krummel

Closes public hearing and opens work session on SB 211.

SB 211 – WORK SESSION

117

Rep. Prozanski

MOTION:  Moves SB 211 to the floor with a DO PASS recommendation.

127

 

VOTE:  7-0

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

 

Chair Krummel

The motion CARRIES.

REP. WIRTH will lead discussion on the floor.

140

Chair Krummel

Closes work session on SB 211. Opens public hearing on SB 328A.

SB 328A – PUBLIC HEARING

155

Don Miner

Oregon Manufactured Housing Association (OMHA). Testifies in favor of SB 328A (EXHIBIT I). Explains the situation and requirements for manufacturing homes. Notes the bill has an emergency clause.

192

Pat Schwoch

Manufactured home owner. Testifies in favor of SB 328A.

200

Rep. Mabrey

Poses question regarding land values.

209

Miner

Responds the bill does not address that issue but explains a related requirement for appreciation factors. 

224

Rep. Avakian

Asks it is possible for current leaseholders to refinance into the plan.

229

Miner

Answers that under the law leaseholders can as long as parties consent.

235

Rep. Wirth

Asks if the bill precludes enforcement from occurring.

243

Miner

Responds with regard to rent control on long term leases.

253

Schwoch

Does not see a situation of that occurring in Oregon as rents will be capped.

264

Chair Krummel

Points out that caps are not imposed by the state. Poses question regarding the ability of park owners to offer a leasehold to an individual.

283

Miner

Believes that would be allowed by the bill.

291

Chair Krummel

Closes public hearing and opens work session on SB 328A.

SB 328A – WORK SESSION

297

Rep. Kitts

MOTION:  Moves SB 328A to the floor with a DO PASS recommendation.

300

 

VOTE:  7-0

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

 

Chair Krummel

The motion CARRIES.

REP. AVAKIAN will lead discussion on the floor.

299

Chair Krummel

Opens public hearing on SB 584.

SB 584 – PUBLIC HEARING

301

Patrick Brennan

Reads SMS on SB 584.

305

Carol Suzuki

Oregon Commission on Asian Affairs. Testifies in favor of SB 584 (EXHIBIT J).

341

Chair Krummel

Closes public hearing and opens work on SB 584.

343

Rep. Prozanski

MOTION:  Moves SB 584 to the floor with a DO PASS recommendation.

347

 

VOTE:  7-0

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

 

Chair Krummel

The motion CARRIES.

REP. NELSON will lead discussion on the floor.

361

Chair Krummel

Reopens work session on HB 2278A, SB 157, and SB 9.

HB 2278, SB 157, and SB 9 – WORK SESSION

363

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. NELSON to BE RECORDED as voting AYE on the MOTION:  Moves HB  2278A to the floor with a DO PASS AS AMENDED recommendation.

365

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. NELSON to BE RECORDED as voting AYE on the MOTION: Moves SB 9A to the floor with a DO PASS recommendation.

368

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. NELSON to BE RECORDED as voting AYE on the MOTION: Moves SB 157 to the floor with a DO PASS recommendation.

373

Rep. Kitts

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KITTS to BE RECORDED as voting AYE on the MOTION: Moves HB  2278A to the floor with a DO PASS AS AMENDED recommendation.

378

Rep. Wirth

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. WIRTH to BE RECORDED as voting AYE on the MOTION: Moves HB  2278A to the floor with a DO PASS AS AMENDED recommendation.

391

Chair Krummel

Closes work session on HB 2278A, SB 157, and SB 9. Adjourns meeting at 10:03 AM.

 

EXHIBIT SUMMARY

 

A – HB 2278-A4, Staff, 5 pp

B – SB 8, Sen. Peter Courtney, 2 pp

C – SB 8, Gregory Willeford, 5 pp

D – SB 8, Doug Tindall, 1 p

E – SB 9A, Sen. Peter Courtney, 2 pp

F – SB 157, Paula Brown, 2 pp

G – SB 157, Paula Brown, 5 pp

H – SB 211, Kim Arbuckle, 1 p

I – SB 328, Doug Miner, 4 pp

J – SB 584, Carol Suzuki, 1 p