SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 7, 2003                                                                                                           Hearing Room B

3:00 pm                                                                                                                         Tapes 35 - 36

 

 

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

 

MEASURES HEARD:                      SB 572 – Public Hearing

                                                SB 741 – Work Session

                                                SB 274 – Public Hearing

                                                HB 2004A – Work Session

                                                SB 444 – Work Session

                                                SB 445 – Work Session

                                                SB 446 – Work Session

                                                SB 763 – Public Hearing

                                               

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 35, A

005

Chair Corcoran

Calls the meeting to order at 3:05 p.m. Opens public hearing on SB 572. Decides on testimony.

SB 572 – PUBLIC HEARING

025

Mark Reed

Geologist, Lane County. Testifies in support of SB 572 (EXHIBIT A). Notes the -1  and the -2 amendments and their requestors (EXHIBITS B & C).

040

Chair Corcoran

Requests Mr. Reed speak to the -1 amendments.

045

Reed

Thinks the amendments express where the parties are on the issue. Speaks in favor of the -1 amendments that he proposed. Believes the existing law has been misinterpreted over time and offers that the -1 amendments would resolve the issue. Provides educational background and work history. Speaks on misrepresentations in geological studies and lawsuits on the issue. Differentiates the -1 and -2 amendments concerning testimony. 

110

Chair Corcoran

Asks if testimony is the only distinction between the -1 and -2 amendments.

115

Reed

Negates and explains other differences in wording. Notes he has not fully examined the -2 amendments.

125

Chair Corcoran

Thinks the amendments are nearly identical.

128

Reed

Responds the amendments are fairly similar but believes the “number nine provision” is different. Speaks further on provisions for public testimony. Informs the committee of the opinion of a law professor included in his testimony (EXHIBIT D). Lists key points of the testimony concerning free speech and testimony.

190

Chair Corcoran

Interjects recalling a prior request for Mr. Reed and Mr. John Beaulieu to work together on a compromise. Clarifies Mr. Reed has not yet seen the -2 amendments requested by Mr. Beaulieu.  

194

Reed

Responds he requested a copy of the -2 amendments and did not receive them. 

205

John Beaulieu

State geologist; State Board of Geologist Examiners. Testifies in support of SB 572 with the -2 amendments (EXHIBIT E). Notes there may be some confusion or areas of disagreement regarding the amendments. Offers he has held meetings with the interested parties. Provides recommendations on the amendments listing the potential policy options the committee can choose to make. Believes that amendment two will preserve the right for all to testify.

285

Chair Corcoran

Requests Mr. Beaulieu and Mr. Reed work to find a consensus.

292

Sen. Minnis

Asks what the difference between the two amendments is.

295

Sen. Walker

Answers.

298

Chair Corcoran

States his intentions for the parties and for the measure.

300

Sen. Minnis

States he concurs with Mr. Reed. Thinks that Mr. Reed’s First Amendment rights were abridged and explains why. Speaks on lawsuits filed and believes the issue is one of free speech.

The following prepared testimony is submitted for the record without public testimony for SB 572:

 

Robin Hartman

Submits written testimony (EXHIBIT F).

 

Ralph Christensen

Submits written testimony (EXHIBIT G).

 

Phillip Stallings

Submits written testimony (EXHIBIT H).

 

Karen Reed

Submits written testimony (EXHIBIT I).

 

Michael Dewey

Submits written testimony (EXHIBIT J).

 

Frank Reckendorf

Submits written testimony (EXHIBIT K).

 

David Michael

Submits written testimony (EXHIBIT L).

 

Jon Williams

Submits written testimony (EXHIBIT M).

 

Christine Chute

Submits written testimony (EXHIBIT N).

325

Chair Corcoran

Closes public hearing on SB 572. Opens work session on SB 741.

SB 741 – WORK SESSION

360

Sen. Starr

MOTION:  Moves SB 741 BE REFERRED to the committee on Judiciary without RECOMMENDATION to passage.

366

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

368

Chair Corcoran

Closes work session on SB 741. Opens public hearing on SB 274.

SB 274 – PUBLIC HEARING

370

Mark Ellsworth

Committee Administrator. Summarizes SB 274.

390

Sen. Bill Morrisette

District 6. Testifies in favor of SB 274. Explains the bill does not affect unrelated licenses. Believes the bill addresses those who do not pay fines. Thinks the bill will help Oregon and promote responsibility. Offers he does not believe the amended version would foster opposition.

418

Chair Corcoran

States that he has found opposition to exist to the amended version as well.

422

Cynthia Sinclair

Justice of Peace, Lane County. Testifies in support of SB 274 on her own behalf (EXHIBITS O & P). Lists offenses that can warrant suspension of a driver’s license.

TAPE 36, A

005

Sinclair

Mentions the amount of money owed to Oregon. Suggests driver’s license suspension be a consequence of unpaid debt.  Informs the bill would broaden the list of pre-existing reasons to suspend a license. Believes SB 274 is a proactive approach to retrieving funds.

045

Sen. Minnis

Asks when unpaid fines are turned over to collections.

047

Sinclair

Estimates around three months.

050

Chair Corcoran

Closes public hearing on SB 274. Opens work session on HB 2004A.

HB 2004A – WORK SESSION

060

Dave Heynderickx

Deputy, Legislative Counsel.

065

Chair Corcoran

Requests Mr. Heynderickx explain the amendments to HB 2004A.

070

Heynderickx

Explains the -17, -23, & -24 amendments to HB 2004A (EXHIBITS Q, R & S).  

090

Chair Corcoran

Confirms the amendments call for the study on police and fire.

093

Heynderickx

Affirms and explains.

095

Sen. Minnis

MOTION:  Moves to ADOPT HB 2004A-17 amendments dated 3/17/03.

098

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

105

Heynderickx

Explains the changes and the intent of the -23 amendments. Notes language removed connoted changes were not an exclusive remedy. Assumes the intent is that the amendments not be the exclusive remedy. Thinks clarity would be preferable.

120

Sen. Minnis

States his understanding of the amendments.  

135

Heynderickx

Concurs and voices concern concerning exclusivity of the bill.

145

Sen. Minnis

Requests Mr. Heynderickx explain his suggestions further.

150

Heynderickx

Clarifies the issue.

158

Sen. Minnis

MOTION:  Moves to ADOPT HB 2004A-23 amendments dated 4/4/03.

160

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

161

Heynderickx

Explains the changes made by the -24 amendments. Provides that equivalency and the duties of the board are clarified.

170

Sen. Minnis

MOTION:  Moves to ADOPT HB 2004A-24 amendments dated 4/7/03.

172

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

175

Sen. Minnis

MOTION:  Moves HB 2004A to the floor with a DO PASS AS AMENDED recommendation.

180

Sen. Walker

Ensures the only amendments in the bill are those passed today.

183

Chair Corcoran

Answers the -16 amendments (EXHIBIT T) also part of the bill.

186

Sen. Walker

Clarifies the -16 amendments included the “lookback”.

188

Chair Corcoran

Affirms.

190

Sen. Starr

Asks if there is interplay between the amendments and the “Lipscomb issue”.

200

Sen. Minnis

Notes he raised that issue with Mr. Heynderickx. Explains the -24 amendments are meant to correct the issue. States it is a legislative fix.

230

Chair Corcoran

Explains the issue further.

245

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

CHAIR CORCORAN and SEN. MINNIS will lead discussion on the floor.

255

Chair Corcoran

Closes the work session on HB 2004A. Opens work session on SB 444.

SB 444 – WORK SESSION

270

Mark Ellsworth

Committee Administrator. Provides overview of SB 444. Notes -2 amendments (EXHIBIT U).  

280

Bob Livingston

Oregon State Firefighters Council. Explains the -2 amendments and the intent behind them. Speaks on language incorporated into the bill.

295

Sen. Walker

Poses question regarding the designation of the West Coast of United States.  

300

Livingston

States he did not address that concern previously.

305

Sen. Walker

Restates the question noting that arbitrators wanted further elaboration on the definition of the “West Coast”.

310

Brian DeLashmutt

Association of Oregon Corrections Employees (AOCE). Explains the issue.

320

Sen. Walker

MOTION:  Moves to ADOPT SB 444-2 amendments dated 4/2/03.

325

Sen. Minnis

Asks question regarding the consumer price index (CPI).

335

Chair Corcoran

Responds there are different definitions of CPI.

345

Sen. Minnis

Requests what the language on line 32 means. Explains he is trying to obtain the CPI.

350

Chair Corcoran

Suggests the parties work on the issue

365

DeLashmutt

Expresses further thoughts on the issue.

370

Sen. Minnis

Asks about further analysis of indexes.

375

DeLashmutt

Explains he is not knowledgeable in that area.

380

Sen. Minnis

Inquires if it is the intent of the committee based on the various indexes.

385

DeLashmutt

Speaks on the CPI and flexibility.

390

Sen. Minnis

Confirms his understanding of the arbitration.

395

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

399

Sen. Walker

MOTION:  Moves SB 444 to the floor with a DO PASS AS AMENDED recommendation.

401

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

404

Chair Corcoran

Closes work session on SB 444. Opens work session on SB 445.

SB 445 – WORK SESSION

TAPE 35, B

010

Mark Ellsworth

Committee Administrator. Summarizes SB 445. Notes the -1 and -2 amendments (EXHIBITS V & W).

015

Kris Kautz

Assistant Director for Human Resources, Oregon Department of Corrections (DOC). Testifies in support of SB 445 (EXHIBIT X).  Recalls DOC apprehension with the bill in its original form and explains the genesis of the -1 amendments. Explains the intent of the -2 amendments and recalls the committee request for them.

045

Mary Botkin

Association of Federal, State, County and Municipal Employees (AFSCME), Local 79. Testifies in support of SB 445. Informs that AFSCME, DOC, and Legislative Counsel found concurrence with the amendments.  

055

Sen. Minnis

MOTION:  Moves to ADOPT SB 445-2 amendments dated 4/7/03.

057

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

 

 

 

058

Sen. Minnis

MOTION:  Moves SB 445 to the floor with a DO PASS AS AMENDED recommendation.

065

 

VOTE:  3-0-1

EXCUSED:  1 – Starr*

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

073

Chair Corcoran

Closes work session on SB 445.

CLOSES WORK SESSION – SB 445

075

Sen. Minnis

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on SB 445.

077

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

078

Chair Corcoran

Opens work session on SB 445.

SB 445 – WORK SESSION

080

Sen. Minnis

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. STARR to BE RECORDED as voting AYE on the "MOTION:  Moves SB 445 to the floor with a DO PASS AS AMENDED recommendation".

082

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

083

Chair Corcoran

Closes work session on SB 445. Opens a work session on SB 446.

SB 446 – WORK SESSION

086

Mark Ellsworth

Committee Administrator. Summarizes SB 446. Notes the -1 amendments (EXHIBIT Y).

090

Chair Corcoran

Requests the sponsor of the -1 amendments testify.

093

Bob Livingston

Oregon State Firefighters Council. Testifies in favor of SB 446 with the -1 amendments. Informs of the conflict resolved by the original bill.

100

Sen. Walker

MOTION:  Moves to ADOPT SB 446-1 amendments dated 3/3/03.

105

Sen. Minnis

States he will vote no on the bill in committee. Believes it expands the scope of collective bargaining.

107

 

VOTE:  3-1

AYE:               3 - Starr B., Walker, Corcoran

NAY:               1 - Minnis

 

Chair Corcoran

The motion CARRIES.

 

 

 

110

Sen. Walker

MOTION:  Moves SB 446 to the floor with a DO PASS AS AMENDED recommendation.

124

 

VOTE:  3-1

AYE:               3 - Starr B., Walker, Corcoran

NAY:               1 - Minnis

 

Chair Corcoran

The motion CARRIES.

SEN. STARR will lead discussion on the floor.

130

Chair Corcoran

Closes work session on SB 446. Opens public hearing on SB 763.

SB 763 – PUBLIC HEARING

142

Mark Ellsworth

Committee Administrator. Summarizes SB 763. Notes the -1 amendments (EXHIBIT Z).

149

Sen. Starr

Notes the bill is his own. Provides the intent of SB 763. Provides examples concerning the urban growth boundary (UGB) and expansion for accommodation of housing and industrial needs. States the -1 amendments to SB 763 are a codification of the rule. Lists provisions.

200

Chair Corcoran

Clarifies the parties involved were disadvantaged in plans to expand the UGB to accommodate for industrial land.

215

Sen. Starr

Responds with regard to the situation in Cornelius and Forest Grove.

225

Sen. Minnis

Offers METRO be reconstituted to allow for each city’s entity has a vote. Asks if the bill would affect a project in his area.

240

Sen. Starr

Negates. Expresses viewpoint regarding expansion.

265

Doug Riggs

METRO. Testifies on of SB 763. States he has not looked at the -1 amendments. Mentions the impacts of the bill and informs of its genesis. Speaks on the authority of METRO concerning the matter. Informs the committee of  the other parties involved. Comments on the intent of SB 763. Reiterates he has not seen the -1 amendments. Voices concern with the way the bill is written. Suggests it return in a later session. Speaks on the housing need. Informs of a project completed by METRO.

365

Sen. Minnis

Clarifies his request to address the bill later.

370

Riggs

Acknowledges METRO knows the issue needs to be addressed.

395

Sen. Minnis

Asks why METRO would not like to clarify the issue now.  

400

Riggs

Explains the bill goes beyond current rule.

405

Sen. Minnis

Inquires why the City of Portland appealed.

407

Riggs

Responds he does not know why.

TAPE 36, B

005

Mary Kyle McCurdy

Staff Attorney, 1,000 Friends of Oregon. Testifies in opposition of SB 763 (EXHIBIT AA). Explains position.

010

Sen. Minnis

Questions why the issue cannot be corrected this session.

015

McCurdy

Replies that it does not need to be remedied by the Legislature.

020

Sen. Minnis

Voices frustration the matter cannot be resolved.

025

Chair Corcoran

Requests she state the objection to the bill.

030

McCurdy

Explains the goals and requirements of METRO set out by the statute. Believes there is a need to examine the requirements as it is a complex system. Recommends the Legislature use existing rule to resolve the issue. Refers to her written testimony and lists other factors involved.

070

Chair Corcoran

Believes Sen. Starr makes a good point in reasoning regarding expansion.

075

McCurdy

Comments and states it will be addressed.

080

Chair Corcoran

Reiterates his concurrence with the position of Sen. Starr. Thinks the issue could be resolved by a language change.  

090

McCurdy

Restates the issues with the bill. Reiterates need for further examination of the bill. Requests earlier request to use current rule before deciding to modify it with the bill.  

100

Sen. Minnis

Asks if the parties are willing to discuss the issue and come to a resolution.

105

McCurdy

Responds the outcome may be far from the bill. Asks if the parties can be allowed to resolve the issue.

110

Chair Corcoran

Concurs that a workgroup with Sen. Starr and Legislative Counsel be established to find out if there are objections and if there is time to come to a resolution. States his desire to abstain from litigation.

125

Jon Chandler

Oregon Building Industry Association (OBIA). Testifies in support of SB 763. Voices concern with the -1 amendments. Offers examples to illustrate the issue. States desire to be part of the workgroup.

145

Chair Corcoran

Closes public hearing on SB 763. Adjourns meeting at 5:10 p.m.

 

 

 

EXHIBIT SUMMARY

 

A – SB 572, Mark Reed, 14 pp.

B – SB 572, - 1 amendments, Staff, 1 p

C – SB 572, - 2 amendments, Staff, 1 p

D – SB 572, Mark Reed, 6 pp.

E – SB 572, John Beaulieu, 5 pp.

F – SB 572, Robin Hartmann, 12 pp.

G – SB 572, Ralph Christensen, 1 p

H – SB 572, Phillip Stallings, 19 pp.

I – SB 572, Karen Reed, 2 pp.

J – SB 572, Michael Dewey, 1 p

K – SB 572, Frank Reckendorf, 2 pp.

L – SB 572, David Michael, 5 pp.

M – SB 572, Jon Williams, 2 pp.

N – SB 572, Christine Chute, 2 pp.

O – SB 274, Cynthia Sinclair, 3 pp.

P – SB 274, Cynthia Sinclair, 9 pp.

Q – HB 2004A, -17 amendments, Staff, 1 p

R – HB 2004A, -23 amendments, Staff, 2 pp.

S – HB 2004A, -24 amendments, Staff, 3 pp.

T – HB 2004A, -16 amendments, Staff, 2 pp.

U – SB 444, -2 amendments, Staff, 3 pp.

V – SB 445, -1 amendments, Staff, 1 p

W – SB 445, -2 amendments, Staff, 1 p

X – SB 445, Kris Kautz, 2 pp.

Y – SB 446, -1 amendments, Staff, 1 p

Z – SB 763, -1 amendments, Staff, 11 pp.

AA – SB 763, Mary Kyle McCurdy, 2 pp.