SENATE COMMITTEE ON RULES

 

 

March 20, 2003                                                                                                   Hearing Room 343

3:00 PM                                                                                                                        Tapes 26 - 27

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair, Presiding

Sen. Bev Clarno, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

 

MEMBER EXCUSED:          Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:           Introduction of Committee Measures – Work Session

SJR 13 – Work Session

SJR 14 – Work Session

SJR 30 – Work Session

SM 1 – Work Session

SM 3 – Work Session

SB 137 – Work Session

SB 141 – Work Session

SB 319 – Work Session

SB 678 – Public Hearing

SB 680 – Public Hearing

SB 706 – Public Hearing

SB 780 – Public Hearing

SB 565 – 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 26, A

005

Co-chair Brown

Opens committee meeting at 3:10 p.m.  Opens work session for the purpose of introducing committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

011

Jim Stembridge

Committee Administrator.  Summarizes LC 3501, LC 3510, LC 3482, and LC 3483.

020

Sen. Clarno

MOTION:  Moves LC 3501, LC 3510, LC 3482, and LC 3483 BE INTRODUCED as committee bills.

022

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.


 

023

Co-chair Brown

Closes work session on committee measures and opens work session on SJR 13, SJR 14 and SJR 30.

SJR 13, SJR 14, SJR 30 – WORK SESSION

024

Sen. Clarno

MOTION:  Moves SJR 13 to the Committee on Revenue without RECOMMENDATION to passage.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

025

Sen. Clarno

MOTION:  Moves SJR 14 to the Committee on Transportation and Economic Development without RECOMMENDATION to passage.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

026

Sen. Clarno

MOTION:  Moves SJR 30 to the Committee on Revenue without RECOMMENDATION to passage.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

027

Co-chair Brown

Closes work session on SJR 13, SJR 14 and SJR 30.  Opens work session on SM 1 and SM 3.

SM 1, SM 3 – WORK SESSION

028

Sen. Clarno

MOTION:  Moves SM 3 to the Committee on Agriculture and Natural Resources without RECOMMENDATION to passage.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

029

Sen. Clarno

MOTION:  Moves SM 1 to the Committee on Water and Land Use without RECOMMENDATION to passage.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

036

Co-chair Brown

Closes work session on SM 1 and SM 3 and opens a work session on SB 137.

SB 137 – WORK SESSION

058

Jim Stembridge

Committee Administrator.  Summarizes SB 137, which modifies candidate portrait requirements for state voters’ pamphlet.  Discusses -3 amendments dated 2-10-03 (EXHIBIT I).  Describes specific portrait changes.

081

Sen. Beyer

Asks if there has been any challenge to this bill.

085

Co-chair Brown

States she does not know of any.

092

Sen. Beyer

MOTION:  Moves to ADOPT SB 137-3 amendments dated 02/10/03.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

096

Sen. Beyer

MOTION:  Moves SB 137 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

100

Co-chair Brown

Closes work session on SB 137 and opens a work session on SB 141.

SB 141 – WORK SESSION

127

Jim Stembridge

Committee Administrator.  Summarizes SB 141, which prohibits use of undue influence with intent to induce person to sign or refrain from signing initiative, referendum or recall petition.

165

Co-chair Brown

States the need for discussion between committee members on this bill.  Closes work session on SB 141 and opens a work session on SB 319.

SB 319 – WORK SESSION

166

Jim Stembridge

Committee Administrator.  Summarizes SB 319, which prescribes deadline for individual nominated or elected by write-in votes to file form accepting nomination or office.  Discusses -3 amendments dated 2-24-03 (EXHIBIT J).

167

Sen. Atkinson

Asks for clarification of the -3 amendment.

202

John Lindback

Elections Division, Secretary of State.  States they requested the change because it established a different deadline on the recount process and it needed to be consistent with other deadlines.

212

Sen. Atkinson

Asks for clarification on the amendment of SB 319.

214

Lindback

States the normal deadline for requesting recount is no later than the 35th day.

264

Sen. Atkinson

Asks for clarification on the timeline for write-in votes.

275

Lindback

Answers currently there is no deadline.

286

Sen. Atkinson

Notes the primary is the first of May and refers to the lapse in June.

299

Lindback

States the forty-five day issue is the timeline of accepting a position if you have won the election.

330

Sen. Clarno

MOTION:  Moves to ADOPT SB 319-3 amendments dated 02/24/003.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

332

Sen. Clarno

MOTION:  Moves SB 319 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

334

Co-chair Brown

Closes work session on SB 319.  Opens public hearing on SB 678,
SB 680, SB 706 and SB 780.

SB 678, SB 680, SB 706, SB 780 – PUBLIC HEARING

340

Jeannie Berg

Voter Education Project.  Testifies in support of measures:

·       SB 678, which directs circulator of election petitions, including initiative, referendum and recall petitions, to certify that circulator witnessed the signing of the petition signature sheet by each individual whose name appears on the signature sheet

·       SB 680, which prohibits consideration of state initiative, referendum or recall petition signature sheets certified by petition circulator if circulator has been convicted of attempting to obtain signatures on, circulating or filing petition knowing it to contain false signature or making false statement, oath or affidavit under election laws

·       SB 706, which prohibits person other than person signing petition from writing information about person signing petition on signature sheet of state initiative or referendum petition or recall petition

·       SB 780, which directs chief petitioner of state initiative petition to file signature sheet with Secretary of State not later than 90 days after date first signature was obtained on signature sheet

Submits written testimony (EXHIBITS A, B).  Discusses forgery issue (video) and informs how to alleviate the problem.

TAPE 27, A

001

Berg

Continues.

090

Co-chair Brown

Asks if the name is spelled incorrectly or is not legible how any one could know who signed the petition.

110

Berg

Explains that on the petitioner’s copy they will print the name just above the signature.

111

Co-chair Brown

Asks how the video was taken.

112

Berg

States on the balcony at the mall with a strong zoom lens.

125

Sen. Burdick

Notes a petitioner came to her at her campaign and tried to sell her signatures and notes that charges were filed.

157

Berg

States signature gatherers were able to read the crowd and obtained signatures illegally.

178

Sen. Ginny Burdick

District 18.  Testifies in support of SB 780.  Submits written testimony (EXHIBIT C).  Informs the committee about her experiences of signature gathering.  Suggests chief petitioners should turn in their signatures periodically.

238

Sen. Atkinson

Asks why she needed to receive thousands of signatures in 85 days.

250

Sen. Burdick

Answers she was unclear about the process and if she had known more she would have started much earlier.

253

Sen. Atkinson

States the problem is there is a false deadline, and there should not be a deadline if the measure has merit.

293

Sen. Burdick

Explains other concerns, with people moving and changing counties.  Comments that as the chief petitioner the issue was getting on the ballot and there was adequate time for that.

312

Sen. Richard Devlin

District 19.  Testifies in support of SB 678.  Points out the bill requires a witness when signing an initiative.

351

Sen. Devlin

Testifies in support of SB 680 and offers information on falsifying a signature on a witness sheet.  Explains cases where this has happened.

387

Co-chair Brown

With public hearing on SB 678, SB 680, SB 706 and SB 780 remaining open, opens public hearing to include SB 565.

SB 565 – PUBLIC HEARING

425

Sen. Deckert

District 14. Offers testimony in support of SB 565, which requires ballot title caption and statement describing result of yes vote for certain state measures to include statement listing not more than three state services that could be reduced if measure is adopted.  Submits and summarizes written testimony (EXHIBIT D).  Explains voters should have a full explanation of what they are voting for, so they will cast an educated vote.

TAPE 26, B

020

Sen. Deckert

Continues.

025

Steve Novick

Legislative Coordinator, Oregon Department of Education.  Offers testimony in support of SB 565.  Submits written testimony (EXHIBIT E).  Explains this bill will require full disclosure in requiring a title caption on the ballot.

103

Kristen Leonard

Oregon Education Association (OEA).  Submits written testimony in support of SB 565, SB 678, SB 680, SB 706 and SB 780 and explains it is very important for voters to understand the ballot measures (EXHIBITS F, G).

111

Tim Nesbitt

President, AFL-CIO.  Testifies that petition signatures are just as important as ballot signatures and states we need to be every bit as careful on this process and he supports all three of the bills.

189

Leonard

Explains these bills will protect a person’s signature.

200

Sen. Burdick

Notes when you are a chief petitioner some of the signers want an explanation of the bill.

203

Nesbitt

Explains sometimes there would be conversations.

215

Sen. Burdick

States in her petitioning the signatures were needed very quickly but signers wanted an explanation on controversial issues.

225

Daniel Meek

Attorney; Common Cause.  Testifies in opposition to SB 706.  Submits written testimony (EXHIBIT H).  Expresses concern over the number of signatures thrown out for no reason and explains the time factor on studying signatures.

287

Meek

Testifies in opposition to SB 780 and offers information on deadlines for turning in signature sheets.  Testifies in support of SB 680 and
SB 565 only if the bills are amended.  Discusses the initiative primary process which would eliminate fraudulent signatures.

TAPE 27, B

001

Meek

Continues.

057

Sen. Burdick

Asks if he would allow for signature collection to allow initiative campaigns to correct signatures for the disabled.

069

Meek

States he would.

073

Sen. Burdick

Asks about someone reviewing the signatures calling the petitioner to ask the party who has signed the petition if they really intended to do so.

079

Meek

Explains if a person signed a petition then the list was turned in early and much time had elapsed they might not remember signing.

107

Ross Day

Director Legal Affairs, Oregonians in Action.  Testifies in opposition to these bills and states the bills are improper.

201

Jason Williams

Executive Director, Taxpayer’s Association of Oregon. Testifies in opposition to these bills and states they only meet the need of the government.

241

John Lindback

Elections Division, Secretary of State.  Discusses problems with writers, and petitions that are turned in from counties where the signatures were filled in by writers, which has created serious problems.

308

Sen. Burdick

Asks if he would have a problem if the signature gatherer prints the name above an illegible signature the name of the signer.

314

Lindback

Agrees there is no problem with this.

315

Sen. Burdick

Notes even people who have disabilities in writing still want to sign the petitions.

333

Lindback

States printing their name above their signature will help the chief petitioner gather more signatures.

349

Co-chair Brown

Closes public hearing on SB 678, SB 680, SB 706, SB 780 and SB 565.  Adjourns committee meeting at 4:55 p.m.

 

EXHIBIT SUMMARY

 

A – SB 678, SB 680, SB 706 & SB 780, written testimony, Jeannie Berg, 13 pp

B – SB 678, SB 680, SB 706 & SB 780, written testimony, Jeannie Berg, 9 pp

C – SB 780, written testimony, Sen. Ginny Burdick, 1 p

D – SB 565, written testimony, Sen. Ryan Deckert, 1 p

E – SB 565, written testimony, Steve Novick, 9 pp

F – SB 565, written testimony, Kristen Leonard, 1 p

G – SB 678, SB 680, SB 706, & SB 780, written material, Kristen Leonard, 1 p

H – SB 565, SB 680, SB 706  & SB 780, written testimony, Daniel Meek, 3 pp

 

The following exhibits are listed out of order in the body of the tape log:

I – SB 137, -3 amendments (2-10-03), staff, 1 p

J – SB 319, -2 amendments (2-24-03), staff, 6 pp