SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

March 19, 2003                                                                                                       Hearing Room B

3:00 p.m.                                                                                                                         Tapes 25-26

 

MEMBERS PRESENT:         Sen. Tony Corcoran, Chair

Sen. John Minnis, Vice-Chair

Sen. Bruce Starr

Sen. Vicki Walker

 

STAFF PRESENT:                 Mark Ellsworth, Committee Administrator

Heather Gravelle, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 724 – Public Hearing

                                                HB 2004 –Public Hearing

                                                SB 692 – 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 25, A

005

Chair Corcoran

Calls meeting to order at 3:00 p.m.  Opens public hearing on SB 724.

SB 724 – PUBLIC HEARING

015

Mark Ellsworth

Committee Administrator provides overview of SB 724.

025

Jon Stubenvoll

Oregon Liquor Control Commission (OLCC).  Testifies in support of 724 provides written testimony and history of the bill (EXHIBIT A).

045

Art Hendricks

Crime Prevention Manager, City of Portland. Testifies in support of SB 724 provides written testimony and explains the need for extending the application process for liquor licenses from thirty to sixty days (EXHIBIT B).

135

Chair Corcoran

Offers an example of most recent problem with the thirty day limit licensing in a high risk area.

140

Hendricks

Explains the sixty day time period will allow the city enough time to give notification to neighborhoods and for them to respond.  

173

Chair Corcoran

States a manager at the time of application was legitimate but his brother became involved in the business and had crime issues asks would the sixty days make a difference.

175

Hendricks

Answers and explains and notes the neighborhoods are holding us accountable.

195

Sen. Starr

Asks what is it that you are supporting.

200

Hendricks

Answers in support of the bill that sixty days would be best that forty-five would not solve the problem.

205

Christy Monson

League of Oregon Cities. Testifies in support of SB 724 and explains the concern of creating a good working relationship and states it takes more than thirty days to investigate a complaint (EXHIBIT C).

240

Sen. Starr

Notes the verbiage change is not just new license but includes renewals.

255

Chair Corcoran

Points out and clarifies intent of bill.

260

Sen. Morrisette

District 6.  Testifies in support of SB 724 and explains that thirty days may be alright for the smaller cities but for the larger ones the sixty days is a reasonable request.

325

Chair Corcoran

Closes public hearing on SB 724. Opens public hearing on HB 2004 A.

HB 2004 A – PUBLIC HEARING

335

Gregory Hartman

PERS Coalition. Testifies and provides information on actuarial equivalencies contract issues and explains the findings of Judge Lipscomb’s in HB 2003 and HB 2004 and states it is too early to know what PERS is going to do (EXHIBIT D).

TAPE 26, A

001

Hartman

Continues to explain this is a very complex issue.

030

Chair Corcoran

Asks Minnis if he is comfortable with Hartman’s explanation.

040

Sen. Minnis

Agrees and states Mr. Hartman encapsulates the difficulty.

050

Hartman

Responds and mentions what can be done while the appeal moves forward.

070

Sen. Minnis

States there are no stays in place currently and asks what does the Legislature contribute to the decision at this time.

085

Hartman

Asks do we want to put something in place and wait until we see what happens with the Lipscomb decision.

090

Sen. Minnis

Notes the Legislature did this when they enacted the existing statute.

095

Chair Corcoran

Notes it raises the issue of what will happen after it gets moved up to the Supreme Court.

110

Hartman

Responds and provides information as to where the case is in the system and states hoping to have it all before the court at the same time.

125

Sen. Walker

Indicates there are too many hands in the pot and states the PERS board has been limited as to what they can do.

135

Hartman

Responds in agreement and notes the legislature was differing what the Board wanted to do.

145

Chair Corcoran

States the board is in transition.

155

Sen. Minnis

Asks do you simply ignore Lipscomb’s decision.

160

Hartman

Answers no matter what the legislature does lawsuits will follow.

170

Sen. Minnis

Notes the contract issue but the legal argument is what will be presented.

175

Hartman

Answers not necessarily and describes the multiple segment approach and the accrued benefit approach and states both are consistent with contract rights.

300

Sen. Minnis

Asks if we are not defending what Lipscomb said.

315

Hartman

Responds Lipscomb was not very clear and his opinion is not helpful in giving direction in what is the right thing to do and adds the PERS Board has studied this issue extensively.

400

Chair Corcoran

States PERS has not shared the same opinion as the Attorney General and asks how do we ask the PERS Board for specific information.

430

Voytko

Answers request the information and he will work with Attorney General to convey to the members and notes that the Legislature is part of the governing body of the pension system.

452

Sen. Corcoran

Indicates consider the request made.

TAPE 25, B

030

Sen. Minnis

Asks if we have presentation as to what the stock market would do to the fifteen million dollar gap.

045

Voytko

Responds to the financial health of the pension system and to Lipscomb’s point of view and states the Legislative action could define the course.

075

Sen. Minnis

Asks to what extent would the management personnel issues in the government and market changes affect the fifteen million dollar problem.

080

Voytko

Notes the willingness to do a presentation on the issues addressed.

081

Sen. Minnis

Asks what is it we are trying to solve and notes the focus should be on identifying the problem.

085

Chair Corcoran

Closes public hearing on HB 2004 and re-opens public hearing on SB 724.

SB 724 – PUBLIC HEARING

090

Bill Perry

Oregon Restaurant Association. Testifies in favor of SB 724 only with the – 1 amendments and explains if needed an extension for application process may be requested that they haven’t been approved in a timely manner.

140

Sen. Walker

Asks if OLCC addressed the delay in licensing.

145

Stubenvoll

Responds the thirty day goal has had delays due to budget cuts and employee shortages and states currently it is about 90 days.

160

Sen. Walker

Asks if the -1 amendment were addressed.

165

Subenvboll

Responds the amendment is no problem they state it impacts local government and improves the relationship between local governments and the states in the liquor licensing process.

180

Chair Corcoran

Notes the complexity of a multi state restaurant chain with multiple owners and asks if there could be a different criteria for each.

195

Perry

Responds the issue is getting license in a timely manner and there is nothing showing me the time line will move up.

220

Sen. Walker

Asks about the wording in the amendment changing the licensee to person.

225

Stubenvoll

Answers it is just a clean up of the statute that a licensee is a person.

235

Perry

Clarifies the bills intent.

255

Chair Corcoran

Recommends the two parties discuss and come back before the committee after they have resolved the issues.  Closes public hearing on SB 724 and opens public hearing on SB 692.

SB 692 – PUBLIC HEARING

260

Mark Ellsworth

Committee Administrator. Summarizes SB 692.

265

Gerald Kubiak

Washington County Government Affairs.  Testifies in support of SB 692 provides written testimony and explains the bill will authorize the governing body of the district to perform treasury functions (EXHIBIT E).

275

Sen. Starr

Asks for an explanation of what the amendments do.

320

Kubiak

Describes the changes clarify the consent of the county treasurer to make the change only if they are an elected treasurer and an officer of the district to assume treasurers responsibilities.

352

Sen. Corcoran

Closes public hearing on SB 692 and opens a work session on SB 692.

SB 692 – WORK SESSION

0353

Sen. Minnis

MOTION:  Moves to ADOPT SB 692-1 amendments dated 03/17/03.

354

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

354

Sen. Minnis

MOTION:  Moves SB 692A to the floor with a DO PASS AS AMENDED recommendation.

355

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

367

Sen. Walker

Notes not having enough explanation of the bill

368

Chair Corcoran

Closes work session on SB 692 A and adjourns committee meeting at 5:45 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 724, written testimony, Jon Stubenvoll, 2 pp

B – SB 724, written testimony, Art Hendricks, 3 pp

C – SB 724, written testimony, Christy Monson, 2 pp

D – HB 2004, written testimony, Gregory A. Hartman, 2 pp

E – SB 692, written testimony, Gerald Kubiak, 1 p