SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

May 21, 2003                                                                                                          Hearing Room B

3:00 P.M.                                                                                                                        Tapes 58-59

 

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 2407 B – Public Hearing and Work Session

                                                 HB 2237 A – Public Hearing and Work Session

                                                 HB 3120 A – Public Hearing and Work Session

                                                 HB 3422 A – Public Hearing and Work Session

                                                 HB 3061 A – Possible Reconsideration

 

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 58, A

005

Chair Corcoran

Calls the committee to order at 3:00 PM. Opens a public hearing on HB 2407 B.

HB 2407 B – PUBLIC HEARING

010

Dave Hendricks

Explains the -10 amendments to HB 2407 B. States they are applicable to the legislative assembly. Clarifies members not affected. Mentions a grandfather clause. Discusses who and what the requirements are to obtain the benefits. Presents -10 amendments (EXHIBIT A).

050

Sen. Walker

Asks if the amendments apply to only those elected after 2003 after the act takes effect.

052

Hendricks

Responds it applies to terms of service on or after effected date of the act by reason of election or appointment. States it will not effect calculation of service performed before the next term of office begins.

055

Sen. Walker

States her own circumstance and asks whether old rate applies until this bill passes and then new rate will apply.

060

Hendricks

Responds when you commence a new term of office.

063

Sen. Walker

Asks if percentage is based upon salary.

065

Hendricks

Responds the only members who will see a difference are specific members who have public employment outside the legislature.

068

Chair Corcoran

Closes the public hearing on HB 2407 B and opens a work session on HB 2407 B.

HB 2407 B – WORK SESSION

070

Sen. Minnis

MOTION: Moves to ADOPT HB 2407 B –B10 amendments dated 5/20/03.

073

 

VOTE:  4-0

 

Chair Corcoran

The motion CARRIES.

075

Sen. Minnis

MOTION:  Moves HB 2407 B to the floor with a DO PASS AS AMENDED recommendation.

077

 

VOTE:  4-0

 

Chair Corcoran

The motion CARRIES.

CHAIR CORCORAN will lead discussion on the floor.

080

Chair Corcoran

Closes the work session on HB 2407 B. Opens a public hearing on HB 2237 A.

HB 2237 A – PUBLIC HEARING

100

Mark Ellsworth

Committee Administrator. Provides overview of HB 2237 A with -1 & -A4 amendments. Presents -1 amendments dated 3/11/03 and -A4 amendments dated 5/20/03 (EXHIBITS B, C ).

130

Scott Tighe

Standards and Certification Division Director, Department of Public Safety. States Mr. Ellsworth has addressed his thoughts precisely supporting the -A4 amendments. Addresses three key points of interest:

  • Keep photographs of public safety officers on file confidential
  • Asking for access for personnel records limited to investigations conducting
  • Clarify authority to continue investigation if beyond ninety days  

Submits written testimony (EXHIBIT D).

150

Mark Landauer

Office of Government Relations. Testifies in support of HB 2237 A. Explains intent of the –A4 amendments. Submits written testimony (EXHIBIT E).

155

Chair Corcoran

Closes the public hearing on HB 2237A and opens a work session.

HB 2237 A – WORK SESSION

175

Sen. Minnis

MOTION: Moves to ADOPT HB 2237 A –A1 amendments dated 3/11/03 and –A4 amendments dated 5/20/03.

 

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

185

Chair Corcoran

Closes the work session on HB 2237 A. Opens a public hearing on HB 3120 A.

HB 3120 A – PUBLIC HEARING

195

Mark Ellsworth

Committee Administrator. Provides overview of HB 3120 A .Presents -4 amendments (EXHIBITS F, G).

220

Tom Gallagher

Representing Schnitzer Industries. Testifies in support of HB 3120 A with amendments. Explains background and history of the bill. Claims this is a starting point for agency streamlining and rulemaking. States what statute they are going by and framework.

250

Gallagher

Explains the bill claiming all the little fixes done in the past has not helped. Expresses interest in beginning a systematic study of agency rules and streamline so there is a single permit process. States it will take a couple of years with 2005 session starting to reflect results. Discusses –A4 amendments.

295

Chair Corcoran

Asks if okay with the -3 amendments.

312

Gallagher

Responds they are fine.

315

Patrick Allen

Manager, Regulatory Streamlining. Provides the important highlights of what HB 3120 A will accomplish. Points to ORS 183 dealing with agencies considering impacts on businesses with proposed rules. States most agencies do a good job assessing impacts while others are more challenged. Adds the advisory committee will help assess the effect of agencies enabling the task force to then make a recommendation of new processes.

340

Allen

Explains the amendments. Claims the bill will increase the amount of time for added consideration.

370

Chair Corcoran

Hopes when committee is up and running they will look at business aspects of streamlining and the relationship with local governments.

405

Bill Perry

Director Government Relations, Oregon Restaurant Association. Testifies on the –A3 amendments of HB 3120 A. States the background and history and how the amendments were crafted. Comments rather than getting rid of the law they would like to alter it and address the legal aspects of the bill. States there are still certain safeguards in place.

TAPE 59, A

005

Chair Corcoran

Asks for clarification on what issue we are trying to resolve with the bill.

008

Perry

Explains and clarifies what the issue was and why they have crafted these amendments.

030

Sen. Walker

Asks why the law was passed in the first instance. States law first passed in 1953 and claims there was no legislative history of why the law was enacted. Feels okay with the amendment because still maintaining the separation. Asks if agree you do not want someone who is serving in a volunteer capacity on a commission with eye on larger prize to be elevated to be a director or another salaried position.

050

Perry

Agrees. Responds did not want to remove the statute all-together. Believes intent is to make sure the term is over for a year and if there are problems the Governor can get rid of them. Provides a hypothetical situation.

075

Sen. Walker

Mentions a situation that arose in the 1999 session. Comments the term expired, he was still serving, and a legal dispute arose. Asks what if he would have been up for a salary position with laws existing today. Asks what happens if under the change if his appointment ran out and he was doing his job but not officially appointed.

080

Perry

Responds if the law was intact and he served a year after the term was up. Claims you still have to get the job, but the amendments state one year after the term is over. Adds you serve until your appointment is confirmed which is why he existed on the Board when not approved by the Governor but could be fired at any time by the Governor.

090

Sen. Walker

Appreciates the research. Comments it is important to know why the laws were enacted before we change them.

095

Chair Corcoran

Closes public hearing on HB 3120A and opens a work session.

HB 3120 A –WORK SESSION

105

Sen. Minnis

MOTION:  MOVES to ADOPT HB 3120 A -A3 amendments dated 5/5/03 and -A4 amendments dated 5/16/03.

110

Chair Corcoran

Closes the work session on HB 3120 A. Opens a public hearing on HB 3422 A.

HB 3422 A – PUBLIC HEARING

115

Mark Ellsworth

Committee Administrator. Provides overview of HB 3422 A with amendments. Presents –A4 amendments dated 5/20/03 and –A5 amendments dated 5/21/03 (EXHIBITS H, I).

135

Chair Corcoran

Asks who the author of the amendments are.

140

Ellsworth

States where the amendments originated from.

145

Jessica Harris

Associated General Contractors. Testifies in support of HB 3422 A. Explains how the bill originated in 1999.

165

Harris

Explains the intent of HB 3422 A.

200

Harris

Mentions forms. Feels the bill is important and urge a do pass with -A5 amendment applicable to the law.

230

Chair Corcoran

Asks for an example of what you are trying to cure.

235

Harris

Responds the concern on subcontractors side has been about activity occurring in the four hour window which was too wide and compromise was to go to two hours. Claims issue with opening a bid time is about useful and efficient use of resources both on agency time and contractor time if bidding on multiple bids on the same day. States opening a bid time is about useful and efficient use of resources on both agency and contractor time.

235

Harris

Discusses when the work is normally done and what times are best. Feels moving to this time will better allow for access to their people and overall good set of changes to help the industry work with the law and present a good compromise.

260

Chair Corcoran

Asks why the law changed in 1999.

265

Harris

Responds changed because concern about an industry practice. Provides history of the law that passed in 1999 and why it was crafted.

270

Chair Corcoran

Asks how the agency feels about the -4 amendments.

272

Harris

Responds we are opposed to the -4 amendments.

276

Angi Dilkes

Speaking on behalf of the National Electrical Contractors Association, Plumbing and Mechanical Contractors Association, and Sheet Metal and Air Conditioning Contractors National Association. Testifies in support of HB 3422 A with the -5 amendments. Agrees with Ms. Harris’s assessment of the process.

285

Chair Corcoran

Asks what feeling is on the –A4 amendments.

288

Dilkes

Responds have looked at them but would not support them.

290

Sen. Walker

Comments on bid deadlines with a date and time.

300

Harris

States there is a need for a date and time because it will make for better results for public agencies.

305

Sen. Walker

Asks if the private sector adheres to those kind of timelines.

315

Harris

Responds the private sector does not have specific timelines but submission happens later in the day. Explains difference between private and public sectors.  

320

Sen. Walker

Appreciates the hard work and compromise.

330

Jon Oshel

County Road Program Manager, Association of Oregon Counties. Testifies as neutral party on HB 3422 A. States came up with a compromise without discussing with people awarding contracts and there is negative impacts with proposed solution. Discusses the opening shortly after deadline of submission of bids with mostly smaller local agencies are troubled with most done before the governing body of the agency formalizing the process.

370

Oshel

Comments on trying to solve the issue of opening up the bids and provide four hours to turn it in being forced to state it is a non responsive bid and not award. Notes contractor opens bid and without turning in form he is free and clear to walk because he did not accept the contract and they were not allowed to offer it to him. Claims that is the reason for recommended delay.

390

Oshel

Provides further suggestions on amendments.

TAPE 58, B

005

Oshel

Mentions the Boards and when they meet. Claims with this language Boards need to be told times to meet or open things up with only staff.  

015

Sen. Walker

Asks if some contractors who bid are women.

017

Oshel

Responds yes.

020

Sen. Walker

Points out there are women in contracting business although Mr. Oshel keeps referring to contractors as only men.

022

Oshel

Apologizes claiming old habits are hard to break.

023

Chair Corcoran

Asks if there has been discussion with AGC, construction trade folks or bidders on this particular bill.

025

Oshel

Claims conversations were after the A-engrossed bill was adopted. States not aware of the amendments happening until after adopted.

030

Linda Ludwig

League of Oregon Cities. Testifies in support of HB 3422 A with -4 amendments. States two issues in opposition of the bill:

  • Opening the bids immediately after the deadline
  • The change of hours which public portion disagrees with limiting the time

050

Chair Corcoran

States does not seem that either one of you addressing the benefits of prohibiting bid shopping.

055

Ludwig

Responds in 1999 session very involved in preventing bid shopping. Expresses support of the original bill that passed the House because it made the disclosure requirement due at the time of submission of bids. Expresses concern in the time limitation for opening the bids which won’t work very well in the smaller areas. Claims most of the cities like to do it in a public and open process.

070

Oshel

Restates concerns with the bill and -5 amendments. Feels no problem with having open immediately after but the problem is a situation where someone could walk. Asks if something can be done to make sure there is a penalty if someone decides they don’t want the project and accomplishing the goal by not turning in the forms. Notes with that problem solved the time frame will work out fine. States issue on time of opening and not sure how this helps bid shopping problem.  

080

Chair Corcoran

Comments will have to make that argument with the House if move to conference committee if not concurring with changes.

083

Chair Corcoran

Closes the public hearing on HB 3422 A and opens a work session on HB 3422 A.

The following prepared testimony is submitted for the record without public testimony for HB 3422 A:

                      Seth Karpinski             Submits written testimony (EXHIBIT J)

HB 3422 A – WORK SESSION

085

Sen. Minnis

MOTION: Moves to ADOPT HB 3422 A –A5 amendments dated 5/21/03.

 

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

090

Sen. Walker

Asks to see a letter from the City of Eugene which restates the position of Ms. Ludwig.

093

Sen. Minnis

MOTION:  Moves HB 3422A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0

098

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

CHAIR CORCORAN will lead discussion on the floor.

100

Chair Corcoran

Closes the work session on HB 3422 A. Opens a work session for possible reconsideration of HB 3061 A.

HB 3061 A – WORK SESSION

120

Chair Corcoran

States interest in bringing bill back into committee.

125

Sen. Minnis

Claims opposition of the reconsideration.

130

Sen. Walker

States she is unclear as to what Senator Schrader’s issue is.

135

Chair Corcoran

Explains Senator Schrader’s issue. States bill was moved out so not a live or die situation and asked to do the reconsideration.

140

Sen. Starr

Claims the bill is simple with no opposition at the time when the bill was worked. Notes good idea to move the bill forward.

145

Chair Corcoran

Closes the work session on HB 3061 A and adjourns the meeting at 5:00 PM.

 

EXHIBIT SUMMARY

 

A – HB 2407 B, -10 amendments dated 5/20/03, Dave Hendricks, 4 pp

B – HB 2237 A, -1 amendments dated 3/11/03, staff, 1 p

C – HB 2237 A, -A4 amendments dated 5/20/03, staff, 3 pp

D – HB 2237 A, written testimony, Scott Tighe, 2 pp

E – HB 2237 A, written testimony, Mark Landauer,2 pp

F – HB 3120 A, -A3 amendments dated 5/5/03, staff, 1 p

G – HB 3120 A, -A4 amendments dated 5/20/03, staff, 4 pp

H – HB 3422 A, -A4 amendments dated 5/20/03, staff, 1 p

I – HB 3422 A, -A5 amendments dated 5/21/03, staff, 1 p

J – HB 3422 A , additional written testimony for the record, Seth Karpinski , 1 p