HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

January 28, 2003   Hearing Room E

1:00 PM     Tapes .3 - 4

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:            Public Hearing and Work Session

                                                            HB 2145

                                                Public Hearing

                                                            HB 2044

                                                           

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 3, A

003

Chair Doyle

Calls meeting to order at 1:02 p.m. and opens a public hearing on HB 2145.

PUBLIC HEARING – HB 2145

 

John Lindback

Elections Division, Secretary of State.  Explains HB 2145-2 amendments (EXHIBIT A).  States their office will be working with Ways and Means to fill in the dollar figures.

040

Lynn Rosik

Department of Justice.  Explains the necessity of the proposed HB 2145-2 amendments as required by the federal act on complaints.

063

Ross Day

Director of Legal Affairs, Oregonians in Action.  States that the bill as originally drafted causes concern to their organization.  Speaks in support of the changes in the HB 2145-2 amendments.

 

Chair Doyle

Explains that the amendment is only an expenditure limitation; it does not specify where the money would go or how it would be spent.  That would be part of the Ways and Means process.

105

Day

Comments on “supremacy clause” that says federal law supersedes state law.  Comments on concern of using funds for other purposes.

130

Day

States that he will provide copies of a congressman’s comments on the Floor of Congress when the Help American Vote Act of 2002 was debated.

 

Rep. Close

Asks if Day is aware of the requirement to allow people to view the process at the county level.

 

Day

Responds that the requirement raises concern.  Comments on Multnomah County closing the counting and reopening the next morning without observers.  Expresses concern about observation of signature verification and vote count observation.

189

Rep. Verger

Comments she thinks the legislative body can say how the money will be spent and there should be accountability. 

 

Day

Comments his understanding is that states must set up an administrative procedure to allow citizens who are concerned with the implementation at the state level file complaints with the Secretary of State.  Agrees with Rosik that complaints could still be filed in Circuit Court.

223

Ted Reutlinger

Legislative Counsel.  Explains the HB 2145-2 amendments.  States that by putting in the expenditure limits, the legislature gains control about how much of the federal money the Secretary of State can spend in each biennium.  Comments on the prohibition of an expenditure bill including provisions on anything else.  States that the courts have said the legislature can include the purpose for which the money is being appropriated.  Feels HB 2145 fits in those guidelines.

285

Rep. Backland

Comments that some of the language in the HB 2145-2 amendments seems to be limiting.  Asks if the funds could be spent on anything other than the activities under the federal Help American Vote Act.

331

Reutlinger

Responds negatively.  Calls attention to the language in lines 18 and 19 on page one of HB 2145, which says the money can only be spent for the purposes laid out in the federal law.  The goal is to have the Secretary of State only spend the money for purposes described in the federal law. 

315

Chair Doyle

Ask if there are subsequent bills that relate to the Help America Vote Act, would there would be a concern about this kind of limitation.

327

Reutlinger

States that if HB 2145 were to pass and authorize the Secretary of State to spend the federal money on any HAVA purpose, and legislation came along later that contained some provisions to bring the state law into compliance with HAVA, then he believes the Secretary of State could spend the money in the fund for that purpose, as long as it is one of the purposes the Act says the money can be spent on.  If something is unrelated to the federal requirements, then there would be a serious question about whether they could use this fund for the other purpose.

348

Rep. Monnes Anderson

Asks if there are pieces of the Act that could be interpreted and give the Secretary of State more leeway, such as for education. 

327

Reutlinger

States the bill does refer to voter education but believes it is somewhat specific about what the education is to encompass and there is specific information on how people can vote, get a replacement ballot, etc.  Believes voter education will be directed to resolve conflicts and how to vote. 

363

Rep. Close

Reads comments from Douglas W. Jones that the act could be a very expensive mandate.

 

Reutlinger

Responds, commenting on mandates that will allow people with disabilities to vote wherever they are. 

458

Rep. Backlund

Asks if Day’s fears or concerns have been relieved.

428

Day

Comments he disagrees with Reutlinger; he does not believe the statute is so clear. Comments on 1995 federal act on mandates.  States he is not sure his fears have been relieved.

TAPE 4, A

040

Rep. Monnes Anderson

Asks if Day is aware that the fund must be established. 

 

Day

States he is aware that the fund must be established before receiving the federal funds.  Expresses distrust in the process.

073

Rep. Close

Comments that the Congressional Research Service memorandum says each state has to submit a plan (EXHIBIT B).  Asks if Oregon has drawn up a plan, and whether the committee could see the plan.

079

Lindback

Explains they have a steering committee working on the state plan and they are hopeful they can have a plan to show to the legislature as early as March. 

089

Rep. Close

Comments it would be good if the committee could see the draft plan to allay the fears of the committee on the education piece.

 

Chair Doyle

Comments the purpose of this bill is to establish the fund and establish the complaint procedure.

 

Lindback

Agrees. Explains the need to establish the fund to receive the moneys as early as 60 days from now.  The money could be put into the Elections Fund and draw some interest. .

 

Chair Doyle

Comments that the legislature can define voter education.  Asks if there is a connection between those kinds of detail on a substantive policy verses HB 2145.

105

Lindback

Comments on providing information to the committee as they go through the process.

 

Chair Doyle

Closes the public hearing and opens a work session on HB 2145.

WORK SESSION – HB 2145

149

Rep. Flores

MOTION:  Moves to ADOPT HB 2145-1 amendments dated 1/20/03 and the HB 2145-2 amendments dated 1/17/03.

 

Cara Filsinger

Administrator.  Explains that Legislative Counsel will combine the HB 2145-1 amendments (SEE EXHIBIT D OF COMMITTEE MINUTES DATED JANUARY 21, 2003) and the HB 2145 -2 amendments (EXHIBIT A) if they are both adopted by the committee.

148

Chair Doyle

Notes the bill has a subsequent referral to Ways and Means and that the Senate would also like to hear the issue.  Comments on discussions with the Ways and Means Co-Chairs.  Advises that the best way to provide for the input in the Senate and in Ways and Means is to send HB 2145 to the Ways and Means Committee, which will send it to Senate Rules for substantive review and return it back to Ways and Means for the appropriation and expenditure limitation.  Adds that the measure will not be on the floor of the House or Senate until it is through the Ways and Means process.

179

 

VOTE:  7-0-0

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

180

Rep. Flores

MOTION:  Moves HB 2145 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

184

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

285

Chair Doyle

Closes the work session on HB 2145 and opens a public hearing on HB 2044.

PUBLIC HEARING – HB 2044

292

Chair Doyle

Comments on legislative committee structures and purposes and focuses.

 

Cathy Pollino

Audits Division, Secretary of State.  States they have no position on the bill, but will provide input for clarification.

 

Chair Doyle

Asks Pollino to explain the functions of the Audits Division.

 

Pollino

Explains purpose and functions of the Audits Division.

 

Pollino

Suggests clarification in Section 2 (4) because she is not sure of the intent of who the recommendations would be made to.

318

Chair Doyle

Asks why the current statutory language allows work with the Budget and Management Division.

 

Pollino

Explains the language was added in 1989 when the Budget and Management Division used to do management-type audits and they no longer serve that function.

 

Rep. Monnes Anderson

Asks if the Legislative Audit Committee meets very often.

 

Pollino

Responds they meet about every quarter.

 

Chair Doyle

Explains Section 1(1) of HB 2044.

 

Rep. Close

Questions the language in line 10 on page 1 of HB 2044.

 

Chair Doyle

Responds that he believes it was to make sure members have had experience on Ways and Means since they are looking backwards on how money was spent. 

396

Rep. Verger

Comments on Ms. Pollino saying she represents the taxpayers.  Commends the Audits Division for their work. 

 

Chair Doyle

States that the committee will consider the amendments on Thursday.

424

Chair Doyle

Closes the public hearing on HB 2044 and adjourns the meeting at 1:56 p.m.

 

EXHIBIT SUMMARY

 

A – HB 2145, HB 2145-2 amendments, John Lindback, 1 p

B – HB 2145, Congressional Research Service memo, staff, 15 pp