SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

May 07, 2003                                                                                                          Hearing Room B

3:00 PM                                                                                                                                 Tape 55

 

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: HB 2003 A – 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 55, A

005

Chair Corcoran

Calls the meeting to order at 3:00 p.m. Opens a work session on HB 2003 A.

HB 2003 A – WORK SESSION

015

Mark Ellsworth

Committee Administrator. Provides an overview of HB 2003 A , and explains the– A14 amendments (EXHIBIT A).

020

Dave Hendricks

Senior Deputy, Legislative Counsel. Explains the -A14 amendments to HB 2003 A. States this should be the last set of amendments. Adds there are several technical changes. Informs the most significant changes are in line 6, which will delay two pieces of the bill. Explains new implementation date.

060

Hendricks

Moves to page 3, section 10, cost of living. States the changes made. Explains the adjusted dates of retirement for those who are affected.

110

Hendricks

Clarifies line 28 and explains what the changes are. Expresses it will clarify the provisions of the act. Adds it incorporates language in the 2004 mortality tables.

140

Chair Corcoran

Asks about the intent of specific language located on page 7, line 18.

145

Hendricks

States the intent is to determine if the act violates any constitutional provision.

205

Sen. Walker

Thanks Hendricks for all his hard work. Asks if he is familiar with the memo from Greg Chaimov, Legislative Counsel, dated 3/11/02, which states his opinion of HB 2003 A. Adds which will likely impair the existing contract rights of PERS members. Inquires if the –A14 amendments address the issues Mr. Chaimov outlined.

215

Hendricks

Explains the -A14 amendments do not address the issues Mr. Chaimov outlined in his memo.

240

Steve Delaney

PERS, Legislative Liaison. Explains further HB 2003 A and the -A14 amendments. Provides written testimony (EXHIBIT B).

300

Chair Corcoran

Asks if the PERS Board can take action without the legislature directing them.

315

Delaney

Answers yes, if the legislature is silent on the issue, it is very likely that PERS staff would make recommendations.

320

Sen. Minnis

MOTION: Moves adoption of the –A14 amendments, dated 5/7/03, to HB 2003 A.

 

 

VOTE: 3-1

AYE: 3 - B. Starr, Minnis, Corcoran

NAY: - 1-Walker

325

Chair Corcoran

The motion CARRIES.

335

Sen. Minnis

MOTION: Moves HB 2003 A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 3-1

AYE: 3 - B. Starr, Minnis, Corcoran

NAY: - 1-Walker

340

Chair Corcoran

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

345

Sen. Walker

States for the record why she is a no vote on HB 2003 A. Explains she feels it is unconscionable that the committee is voting on a bill without the Attorney General’s opinion. Adds she feels it is unlawful and will cost a significant amount of money, which will be on the backs of the employees.

365

Chair Corcoran

Responds the current financial crisis needs to be confronted. Adds he doesn’t feel it will be on the backs of the employees.

390

Sen. Minnis

Thanks Sen. Corcoran for his high level of integrity dealing with the issue. Expresses Sen. Corcoran has been under an immense amount of pressure regarding HB 2003 A. Adds at this point, the Court will provide future guidance on the issue.

415

Chair Corcoran

Closes the work session on HB 2003 A. Adjourns the meeting at 4:20 p.m.

The following prepared testimony is submitted for the record without public testimony for HB 2003A.

 

OSEA

Submits written testimony (EXHIBIT C)

 

William Gary

Submits written testimony (EXHIBIT D)

 

Gregory Hartman

Submits written testimony (EXHIBIT E)

 

Mary Botkin

Submits written testimony (EXHIBIT F)

 

 

EXHIBIT SUMMARY

 

A – HB 2003 A, -A14 amendments dated 5/7/03, staff, 9 pp

B – HB 2003 A, written testimony, Steve Delaney, 2 pp

C – HB 2003 A, additional written testimony for the record, Oregon School Employees Association, 1 p

D – HB 2003 A, additional written testimony for the record, William Gary, 8 pp

E – HB 2003 A, additional written testimony for the record, Gregory Hartman, 6 pp

F – HB 2003 A, additional written testimony for the record, Mary Botkin, 2 pp