SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 23, 2003                                                                                                         Hearing Room B

3:00 P.M.                                                                                                                      Tapes 46 - 47

 

MEMBERS PRESENT:         Sen. Tony Corcoran, Chair

Sen. John Minnis, Vice-Chair

Sen. Vicki Walker

 

MEMBERS EXCUSED:        Sen. Bruce Starr

           

STAFF PRESENT:                 Mark Ellsworth, Committee Administrator

Heather Gravelle, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 857 – Public Hearing

                                                SB 7 – Public Hearing

                                                SB 867 – Work Session

                                                SB 883 – Public Hearing

                                                HB 3194 – Work Session

                                                HB 2576 – 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 46, A

005

Chair Corcoran

Calls the meeting to order at 3:16 p.m. Opens a public hearing on SB 857.

SB 857 – PUBLIC HEARING

011

Sen. Jackie Winters

District 10. Testifies in favor of SB 857 with the -2 amendments. Provides written testimony on behalf of Erinn Kelley-Siel. (EXHIBIT A). Summarizes that the bill gives the ombudsmen the opportunity to provide the Governor with information so they can use those trends to make public policy.

045

Sen. Minnis

Asks for clarification on the title ombudsmen.

047

Sen. Winters

States the term ombudsmen is Swedish and not gender specific.

054

Chair Corcoran

Asks for further clarification of Housing Authority ombudsmen and asks for a written definition.

062

Sen. Winters

Notes it should be in the body of the bill.

078

Jen Dennison

Administrator, Governor’s Advocacy Office at Department of Human Services and Oregon Children’s Ombudsmen. Explains the definition is in the statute of the Oregon Children’s Ombudsmen.

085

Chair Corcoran

Expresses that there should be a generic description of ombudsmen.

089

Dennison

Notes they do work from the original definition of ombudsmen statute.

091

Sen. Minnis

Indicates there is no definition in that statute.

100

Sen. Winters

Responds they will create one from the definition she used when she was the ombudsman.

102

Dennison

Comments that she concurs that there should be a definition and description of the function of ombudsmen in the statute.

104

Sen. Minnis

Notes there is a description of the function, but no definition.

112

Chair Corcoran

Inquires to the cost this bill will incur.

113

Sen. Winters

States there is no cost.

124

Sen. Minnis

Asks if the -2 amendments were consensus amendments.

125

Sen. Winters

Affirms and notes changes that were made to the amendments.

135

Chair Corcoran

Indicates concern of workmen’s compensation issues. Specifically, that it would be politicized by moving the ombudsmen into the Governor’s office.

136

Sen. Winters

Responds technically they are staying in the same agency, but a report is sent to the Governor’s office on a quarterly basis.

142

Chair Corcoran

Asks what would prohibit them from doing that now.

143

Sen. Winters

Explains there has been a disconnect between the ombudsmen and the Governor’s office.

152

Chair Corcoran

Notes those who are opposed to SB 857.

164

Doug Riggs

Metro. Testifies in favor of SB 857. Explains position and declares support.

165

Chair Corcoran

Closes the public hearing on SB 857. Opens a public hearing on SB 7.

SB 7 – PUBLIC HEARING

182

Sen. Peter Courtney

District 11. Testifies in favor of SB 7. Provides written testimony. (EXHIBIT B).

200

Sen. Jackie Winters

District 10. Notes she and Sen. Courtney have worked the past two sessions on the state fair. States their goals were to make sure the fiscal house was in order and to move the fair to a position to be financially sound.

244

Sen. Courtney

Indicates the state fair has come under considerable scrutiny and they made it their mission to turn that around.

287

Sen. Walker

Notes SB 7 is a fair bill, and offers her support.

299

Sen. Winters

Responds with appreciation and agreement.

356

Sen. Minnis

Asks what will be done with the funds received from grants.

360

Katie Cannon

Oregon State Fair Commission. Testifies in favor of SB 7. Explains what the funds will be utilized for.

380

Sen. Minnis

Asks who indemnifies the work.

388

Cannon

Answers there needs to be an agreement with the foundation as to what the responsibilities are.

396

Sen. Minnis

Reiterates who indemnifies the construction projects for liabilities.

410

Cannon

Notes that is why this bill is needed, to define where the responsibility lies.

453

Sen. Minnis

Asks if the Attorney General’s Office has been part of the discussions.

460

Chair Corcoran

Comments if volunteers are doing the work the issue is covering the liability. Suggests bringing the assistant Attorney General in to review these issues.

491

Dan Gardner

Commissioner, Bureau of Labor and Industries. Testifies in favor of SB 7, with amendments. Provides written testimony (EXHIBIT C). Summarizes concerns regarding the prevailing wage.

TAPE 47, A

020

Kathy Goss

President, Oregon State Fair Commission. Testifies in support of SB 7 with amendments and states it allows the commission to take a collaborative roll with the state fair staff and the foundation in the use of monies.

053

Chair Corcoran

Closes the public hearing on SB 7. Opens a work session SB 867.

SB 867 – WORK SESSION

069

Sen. Minnis

MOTION: Moves adoption of the -2 amendments to SB 867.

 

 

VOTE:  3-0

EXCUSED: 1 - Sen. Starr

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

075

Sen. Minnis

Notes the profitability of the prison inmate option being involved in the recovery of recyclable materials.

085

Jim Craven

American Electronics Association. Testifies in support of SB 867. Provides written testimony (EXHIBIT E). Responds Dell Computer nationally uses that as an option in recycling efforts but not without controversy.

095

Sen. Minnis

MOTION: Moves SB 867 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  3-0

EXCUSED:  1 - Sen. B. Starr

105

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

120

Chair Corcoran

Closes the work session on SB 867. Opens a public hearing on SB 883.

The following prepared testimony is submitted for the record without public testimony for SB 867.

                       James Fisher                 Submits written testimony (EXHIBIT D).

SB 883 – PUBLIC HEARING

133

Pat Hern

Executive Director, Government Standards and Practices Commission. States he is present to answer questions in regards to SB 883.

143

Chair Corcoran

Summarizes the bill is a construction of ethics that would prohibit the conduct of being able to be in a position of drawing a paycheck from an interest group in the Capitol building.

148

Chair Corcoran

Explains the issue is communicating with members of the legislature while being a legislator and being able to have financial exchanges with other members while the person is still in a legislative office.

153

Sen. Minnis

Asks what is it we can do as legislators, in terms of putting restraints on conduct.

159

Hern

Suggests seeking advice from legislative counsel.

166

Chair Corcoran

Responds it would be difficult to narrow down every interest group or person coming to the Capitol.

172

Hern

Notes a rule should be adopted.

183

Sen. Minnis

Asks if it would be possible for each member to sign an avadavat saying they would not lobby, and file the avadavat with the Secretary of the Senate.

195

Hern

States conceptually, the idea seems viable.

198

Chair Corcoran

Expresses it is disturbing to prohibit legislatures from being able to lobby.

219

Hern

States the Government Standards and Practices Commission has no position on SB 883.

244

Hern

Explains why the verbiage “engaging in employment” needs to be in the body of the bill.

261

Sen. Minnis

Wonders the ability of the Ethics Commission to sanction someone who violates this issue.

262

Hern

Responds there is currently language in the lobbying regulations statutes.

312

Sen. Minnis

Notes it is possible to refer this bill.

344

Sen. Charlie Ringo

District 17. Testifies in support of SB 883. Indicates lobbyists do have an influence in this process.

415

Sen. Minnis

States the need to have the Law Commission look at these issues during the interim.

461

Sen. Ringo

Responds it still warrants our attention.

466

Jason Skelton

Legislative Aid, Rep. Haas. Comments on SB 883 history.

500

Chair Corcoran

Closes the public hearing on SB 883. Opens a work session on HB 3194.

The following prepared testimony is submitted for the record without public testimony for SB 883.

                      Janice Thompson             Submits written testimony (EXHIBIT F).

HB 3194 – WORK SESSION

TAPE 46, B

072

Sen. Minnis

MOTION: Moves to SUSPEND the rules for the purpose of RECONSIDERING THE VOTE of HB 3194.

 

 

VOTE:  3-0

EXCUSED: 1 - Sen. B. Starr

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

085

Sen. Minnis

MOTION: Moves to RECONSIDER the vote by which we passed HB 3194.

 

 

VOTE:  3-0

EXCUSED:  1 - Sen. B. Starr

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

090

Chair Corcoran

Closes the work session on HB 3194. Opens a public hearing on HB 2576.

HB 2576 – PUBLIC HEARING

100

Brian DeLashmutt

Oregon Council of Police Association. Testifies in support of HB 2576. Explains the history of HB 2576. Provides information on the current process.

184

Dave Cadd

Probation and Parole Officer. Testifies in support of HB 2576. Provides written testimony (EXHIBIT G).

272

Lisa Settell

Parole and Probation Officer, Washington County. Testifies in support of HB 2576. Provides written testimony (EXHIBIT H). Explains the number of offenders they supervise and notes if the contract negotiations come to a complete impasse, the option is to strike.

334

Chair Corcoran

Asks if they have ever come close to a strike.

337

Rick McKenna

Commander, Parole and Probation Division, Marion County. Testifies in support of HB 2576. Responds after hundreds of hours of planning, the issues were settled within one day of the strike.

349

Sen. Walker

Inquires how many offenders Mr. Cadd and Ms. Settell supervise.

354

Cadd

Answers seventy seven at present.

356

Settell

Answers one hundred.

364

Cadd

Notes many other officers supervise three hundred offenders. Explains since he supervises the gang load, he has fewer offenders.

400

Sen. Walker

Inquires if there was a strike, would there be people available to do their jobs.

484

Settell

Answers there are pieces of their jobs that others could do, but they could not make arrests or conduct search and seizures.

490

Sen. Walker

Asks how long does certification take.

491

Settell

Responds one year.

TAPE 47, B

046

Maria Keltner

Association of Oregon Counties. Testifies in opposition of HB 2576. Offers information on those that are strike permitted or strike prohibited. Proposes a solution.

090

Chair Corcoran

Asks if her explanation would not beg the question that they should be strike barred.

097

Chair Corcoran

Asks if she is arguing in favor of strike barring.

100

Keltner

Notes if that is how it was interrupted, it is not what she intended.

107

Chair Corcoran

Asks how many negotiations there have been for strike barred employees in the state, and how many ended in arbitration.

116

Keltner

Clarifies there are provisions for protecting the public. Adds the additional costs in terms of interest arbitration with the disincentive to bargain locally.

120

Chair Corcoran

Asks why there is a disincentive to bargain.

123

Keltner

Responds the pattern has been that you can not lose in interest arbitration. Explains you will at least get what was proposed by management.

126

Sen. Minnis

Notes he is a member of the Portland Police Association and they are strike barred and are working without a contract. States they have never gone to interest arbitration.

140

Chair Corcoran

Closes the public hearing on HB 2576. Opens a work session on HB 2576.

HB 2576 – WORK SESSION

141

Sen. Minnis

MOTION: Moves HB 2576 to the floor with a DO PASS recommendation.

142

 

VOTE:  3-0

EXCUSED: 1 - Sen. Starr

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

152

Chair Corcoran

Closes the work session on HB 2576. Adjourns the committee meeting at 4:45 p.m.

 

EXHIBIT SUMMARY

 

A – SB 857, written testimony, Sen. Jackie Winters, Erinn Kelly-Siel, 1 p

B – SB 7, written testimony, Sen. Peter Courtney, 1 p

C – SB 7, written testimony, Dan Gardner, 1 p

D – SB 7, additional testimony for the record, James Fisher, 1 p

E – SB 867, written testimony, Jim Craven, 1 p

F – SB 883, additional testimony for the record, Janice Thompson, 3 pp

G – HB 2576, written testimony, David Cadd, 1 p

H – HB 2576, written testimony, Lisa Settell, 1 p