SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

June 9, 2003                                                                                                           Hearing Room B

3:00 PM                                                                                                                        Tapes 60 - 61

 

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 3476 – Public Hearing and Work Session

                                                HB 2148A – Public Hearing

                                                HB 3136A – Public Hearing and Work Session

                                                SB 790 – Public Hearing and Work Session

                                                SB 494 – Work Session

                                                SB 50 – Work Session

                                                HB 2167A – Public Hearing and Work Session

                                                HB 2246A – Public Hearing and Work Session

                                                HB 3120A – 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 60, A

003

Chair Corcoran

Calls the meeting to order at 3:05 p.m., and opens a public hearing on HB 3476.

HB 3476 – PUBLIC HEARING

005

Mark Ellsworth

Committee Administrator. Provides an overview of HB 3476.

015

Jeff Merkley

House District 47. Testifies in support of HB 3476, explaining the value of the bill.

025

Mike Grainey

Director, Oregon Office of Energy. Testifies in support of HB 3476.  Discusses energy and cost savings that would result from the bill.

025

Larry Hamburg

Abacus Engineer Systems. Testifies in support of HB 3476. Provides an example of a success stories in Washington for energy savings of $36 million. States it’s an excellent way to bring Oregon buildings up to energy code. Submits written testimony (EXHIBIT A).

045

Sen. Walker

Comments on the size of the savings created by the bill.

050

Chair Corcoran

Closes the public hearing on HB 3476 and opens a work session on HB 3476.

HB 3476 – WORK SESSION

055

Sen. Minnis

MOTION:  Moves HB 3476 to the floor with a DO PASS recommendation.

060

 

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.

065

Chair Corcoran

Closes the work session on HB 3476 and opens a public hearing on HB 2148A.

HB 2148A – PUBLIC HEARING

070

Rep. Jerry Krummel

Oregon State Representative, District 26. Offers written testimony (EXHIBIT B) in support of HB 2148A.

090

Chair Corcoran

Clarifies the effects of the bill.

095

Rep. Krummel

Explains the function of the bill, indicating HB 2148A is a budget reform bill.

104

Chair Corcoran

Asks whether this bill would allow the Joint Ways and Means Committee to move adult correction to private entity.

115

Rep. Krummel

Comments on the privatization of adult corrections possibility, pointing out the process which would ensure full debate on the bill. Claims the bill is not suggesting all state functions should be privatized. 

125

Chair Corcoran

Asks Rep. Krummel if he is aware of Oregon’s experience with privatized prisons.

128

Rep. Krummel

Offers his understanding of Oregon’s history with privatized prisons, recalling that the venture was terminated.

130

Chair Corcoran

Clarifies that Rep. Krummel is referring to a situation in the state of Texas.

133

Rep. Krummel

States that he is unaware of the example offered by Chair Corcoran.

135

Mary Botkin

American Federation of State and County Municipal Employees. Testifies in opposition to HB 2148A.

170

David Williams

Oregon School Employees Association. Testifies in opposition of HB 2148A. Points that the bill would further complicate the budgeting process.

200

Sen. Walker

Expresses concern with the privatization provisions in the bill, but questions Mr. Williams’ assertion that the bill would create further inflexibilities in the budgeting process.

205

Williams

Comments on the possible inflexibilities created by the bill.

220

Sen. Walker

Points out the importance of savings for individuals as well as for the state, questioning whether Oregon would be faced with the current funding crisis had the state created ‘rainy day’ funds.

230

Williams

Acknowledges that, had the state saved during the good economic times, those monies could be utilized now to offset the recent budgeting short falls.

240

Sen. Minnis

Comments on the flexibility issue.

245

Chair Corcoran

Closes the public hearing on HB 2148A and opens a public hearing on HB 3136A.

HB 3136A – PUBLIC HEARING

255

Mark Ellsworth

Committee Administrator. Provides an overview of HB 3136A.

265

Rep. Cliff Zauner

House District 22. Offers written testimony (EXHIBIT C) in support of HB 3136A. Enters into the record written testimony (EXHIBIT D) from Art Dore of the American Boxing and Athletic Association.

290

Chair Corcoran

Asks what benefit the winners of the competition get.

300

Rep. Zauner

Outlines the benefits of participating in these events.  

305

Chair Corcoran

Asks if there is an economic benefit to the winners.

306

Rep. Zauner

Responds no, just prestige.

310

Sen. Minnis

Points out that gate receipts could benefit Oregon. Speaks on a bill the Judiciary Committee heard earlier regarding this issue.

330

Rep. Zauner

Discusses the equipment used to fight, and comments on the diversity of those who participate in these events.

340

Sen. Walker

Refers to a news article about a profitable roller coaster in Seattle. Comments on the violence associated with HB 3136A. 

342

Rep. Zauner

Comments on the quick implementation of the bill.   

345

Sen. B. Starr

Discusses the original intent of the bill. Asks what the need for a boxing and wrestling commission in the state.

350

Rep. Zauner

Comments on the function of the Oregon State Boxing and Wrestling Commission, observing the commissions need to become more active in promoting events.

360

Chair Corcoran

Closes the public hearing on HB 3136A and opens a work session on HB 3136A.

HB 3136A – WORK SESSION

365

Sen. Minnis

MOTION:  Moves HB 3136A to the floor with a DO PASS recommendation.

375

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

SEN. CORCORAN & SEN. MINNIS will lead discussion on the floor.

390

Chair Corcoran

Closes the work session on HB 3136A and opens a public hearing on SB 790.

SB 790 – PUBLIC HEARING

405

Mark Ellsworth

Committee Administrator. Provides an overview of SB 790 with the -4 amendments (EXHIBIT E).

413

David Nelson

Magna Entertainment Corporation. Testifies in support of SB 790 and the -4 amendments. Points out that the -4 amendments effectively eliminate the wording and intent of the bill as originally written.

TAPE 61, A

025

John McCalley

Oregon Fair’s Association. Testifies in support of SB 790 with the -4 amendments.

040

Chair Corcoran

Asks whether SB 790 as amended with the -4 amendments would increase certain revenues or fees.

042

Nelson

Responds no.

045

Dave Benson

President, Oregon Horsemen’s Benevolence and Protection Association (HBPA). Testifies in support of SB 790 as amended by the proposed -4 amendments.

045

Chair Corcoran

Closes the public hearing on SB 790 and opens a work session on SB 790.

SB 790 – WORK SESSION

055

Sen. Minnis

MOTION:  Moves to ADOPT SB 790-4 amendments dated 06/09/03.

060

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

065

Chair Corcoran

Closes the work session on SB 790 and opens a work session on SB 494.

SB 494 – WORK SESSION

075

Mark Ellsworth

Committee Administrator. Provides an overview of SB 494.

080

Lynn Marie Crider

Oregon AFL-CIO. Introduces and discusses the -6 amendments (EXHIBIT F). Explains the purpose of the bill is to conserve state resources and keep the state neutral with respect to union organizing.

115

Shawn Miller

Associated Builders and Contractors and Independent Electrical Contractors of Oregon. Expresses concern for the breadth in whom the bill would apply to.

135

Crider

Acknowledges that the bill would include public improvement contracts. Points out the bill would cover private employers when over 50% of their business is with the state.

140

Sen. B. Starr

Provides an example of a private company contracting for the state. Asks what the outcome would be in reference to the 50% clause.

145

Crider

States that the prior year’s income would be examined to determine whether the company met the 50% requirement. Claims it would total all of the contracts receiving income from the state.

150

Chair Corcoran

Clarifies that only income received from the state would count to the 50% requirement.   

155

Crider

Acknowledges.

160

Sen. B. Starr

Further clarifies that this would only apply to state funds.

165

Miller

Points out the laws and statute which already apply to contractors working for the state.

170

Sen. Minnis

Asks Ms. Crider how the contracting companies would produce records to verify their state income.

175

Crider

Outlines the ways in which state income would be verified.

180

Sen. Minnis

Clarifies it is a review of a contractors current status, for whether or not this bill would apply.  

185

Crider

Assumes that would be part of the contract writing process.

190

Sen. Minnis

Clarifies language in the bill and amendments. Asks about the contractual procedures involved.

192

Crider

Comments on enforcement.

195

Sen. Minnis

Clarifies that this would apply to either an audit or a complaint.

200

Crider

Acknowledges.

203

Sen. Minnis

Clarifies that the contracts are already being audited.

205

Crider

Recalls that in most cases these contracts are audited.

210

Mary Botkin

AFSCME. Points out as long as Mr. Miller’s clients do not run an anti-union campaign there is no problem.

215

Sen. Minnis

Comments that if they were accused of running an anti-union campaign there would be a complaint. Further clarifies the complaint process.

220

Crider

Further comments on the complaint and the audit process. Points out it may be difficult to verify a complaint.

225

Sen. Minnis

Points out that if there was a complaint, there would have to be facts which would give basis to believe the company is in violation.

230

Crider

Acknowledges, but points out there would need to be a credible reason to perform an audit.  

235

Jessica Harris

Associated General Contractors. Testifies regarding SB 494 and the proposed -4 amendments.   

270

Sen. B. Starr

Clarifies that state funds which are used to initiate local projects would count to the 50% figure in the bill.

285

Crider

Acknowledges, and points out that the definition of state funds includes monies appropriated by the state and transferred to other public bodies.

290

Sen. B. Starr

Clarifies that SB 494 would apply to every road construction contractor in Oregon.

300

Sen. Minnis

MOTION:  Moves to ADOPT SB 494-6 amendments dated 06/09/03.

305

Sen. B. Starr

Indicates his opposition to the motion and the bill.  

320

Sen. Minnis

Thanks those who worked on the bill. Indicates his support for the bill and the neutrality of the issue.

335

Sen. Walker

Agrees with Senator Minnis, indicating her support for the bill.

340

 

VOTE:  3-1

AYE:            3 - Sen. Walker, Sen. Minnis, Chair Corcoran

NAY:            1 - Sen. Starr

 

Chair Corcoran

The motion Carries.

345

Sen. Minnis

MOTION:  Moves SB 494 to the floor with a DO PASS AS AMENDED recommendation.

350

 

VOTE:  3-1

AYE:            3 - Sen. Walker, Sen. Minnis, Chair Corcoran

NAY:            1 - Sen. Starr

 

Chair Corcoran

The motion Carries.

SEN. CORCORAN will lead discussion on the floor.

355

Chair Corcoran

Closes the work session on SB 494 and opens a work session on SB 50.

SB 50 – WORK SESSION

360

Mark Ellsworth

Committee Administrator. Provides an overview of SB 50.

365

Sen. Minnis

MOTION:  Moves SB 50 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference.

370

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

375

Chair Corcoran

Closes the work session on SB 50 and opens a public hearing on HB 2167A.

HB 2167A – PUBLIC HEARING

380

Mark Ellsworth

Committee Administrator. Provides an overview of HB 2167A and the proposed -A2 amendments (EXHIBIT G).

TAPE 60, B

005

Jack Kenny

Deputy Director, Housing and Community Services. Offers written testimony (EXHIBIT H) in support of HB 2167A and the proposed     -A2 amendments.

025

Oscar Lopez

Chair, The Oregon Commission for Voluntary Action and Service.  Testifies in support of HB 2167A with the -A2 amendments.

030

Chair Corcoran

Closes the public hearing on HB 2167A and opens a work session on HB 2167A.

HB 2167A – WORK SESSION

035

Sen. Minnis

MOTION:  Moves to ADOPT HB 2167A-A2 amendments dated 05/30/03.

040

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

045

Sen. Minnis

MOTION:  Moves HB 2167 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

050

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

055

Chair Corcoran

Closes the work session on HB 2167A and opens a public hearing on HB 2246A.

HB 2246A – PUBLIC HEARING

060

Mark Ellsworth

Committee Administrator. Provides an overview of HB 2246A with the -A2 amendments (EXHIBIT I).

065

Bill Carpenter

Administrator, Information Services Division of the Oregon Housing and Community Services Department. Offers written testimony (EXHIBIT J) in support of HB 2246A.

070

Phil Donavan

Association of Housing Authorities. Offers written testimony (EXHIBIT K) in support of HB 2246A.

075

Chair Corcoran

Closes the public hearing on HB 2246A and opens a work session on HB 2246A.

HB 2246A – WORK SESSION

080

Sen. Minnis

MOTION:  Moves to ADOPT HB 2246A-A2 amendments dated 05/23/03.

085

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

090

Sen. Minnis

MOTION:  Moves HB 2246A to the floor with a DO PASS AS AMENDED recommendation.

095

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

100

Chair Corcoran

Closes the work session on HB 2246A and opens a public hearing on HB 3120A.

The following prepared testimony is submitted for the record without public testimony for HB 2246A:

 

Susan Wilson

Executive Director, Housing Authority of Washington County. Submits written testimony (EXHIBIT L).

HB 3120A – PUBLIC HEARING

105

Mark Ellsworth

Committee Administrator. Provides an overview of HB 3120A, the -A5 amendments (EXHIBIT M) and -A6 amendments (EXHIBIT N).

110

Patrick Allen

Manager, Office of Regulatory Streamlining. Testifies in support of HB 3120A and the proposed -A6 amendments.

145

Sen. Minnis

Points out prior legislation on this issue.

150

Allen

Acknowledges and further discusses the issue of streamlining.

160

Debra Bucannon

Oregon Department of Revenue. Testifies in support of HB 3120A.

175

Chair Corcoran

Clarifies the intent of specific language in the bill referring to the state generated common identification number.

200

Buchanan

Responds that a sole proprietor would not have an identification number issued although a new number would be issued for businesses registered. 

205

Allen

Comments on the function and issuance of the state generated common identification number.  

210

Christine Chute

Assistant Attorney General, Oregon Department Of Justice. Offers written testimony (EXHIBIT O) in support of HB 3120A as amended by the -A5 amendments.

215

Sen. B. Starr

Asks whether the original bill SB 893, which became the -A5 amendments to HB 3120A, came out of the Judiciary Committee.

225

Sen. Minnis

Notes it came from the Senate Rules Committee.  

230

Sen. Walker

Notes SB 893 is tied up in the House Business and Labor Committee currently. 

235

Chair Corcoran

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

HB 3120A – WORK SESSION

240

Sen. Minnis

MOTION:  Moves to ADOPT HB 3120A-A5 amendments dated 06/05/2003.       

245

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

250

Sen. Minnis

MOTION:  Moves to ADOPT 3120A-A6 amendments dated 06/09/2003.

255

 

VOTE:  4-0

 

Chair Corcoran

Hearing no objection, declares the motion CARRIED.

260

Sen. Minnis

MOTION:  Moves HB 3120A to the floor with a DO PASS AS AMENDED recommendation.

265

 

VOTE:  4-0

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

 

Chair Corcoran

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

270

Chair Corcoran

Closes the work session on HB 3120A. Adjourns the meeting at 5:00 PM.

 

 

EXHIBIT SUMMARY

 

A – HB 3476, written testimony, Larry Hamburg, 5 pp.

B – HB 2148A, written testimony, Rep. Krummel, 1 p.

C – HB 3136A, written testimony, Rep, Zauner, 1 p.

D – HB 3136A, submitted written testimony from Art Dore, Rep. Zauner, 1 p.

E – SB 790, -4 amendments, staff, 3 pp.

F – SB 494, -6 amendments, staff, 2 pp.

G – HB 2167A, -A2 amendments, staff, 2 pp.

H – HB 2167A, written testimony, Jack Kenny, 1 p.

I – HB 2246A, -A2 amendments, staff, 1 p.

J – HB 2246A, written testimony, Bill Carpenter, 2 pp.

K – HB 2246A, written testimony, Phil Donovan, 1 p.

L – HB 2246A, submitted written testimony, Susan Wilson, 1 p.

M – HB 3120A, -A5 amendments, staff, 4 pp.

N – HB 3120A, -A6 amendments, staff, 14 pp.

O – HB 3120A, written testimony, Christine Chute, 3 pp.