SENATE COMMITTEE ON RULES

 

 

May 13, 2003                                                                                                       Hearing Room 343

3:00 pm                                                                                                                         Tapes 50 - 53

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair

Sen.  Bev Clarno, Co-chair

Sen.  Jason Atkinson Vice-chair

Sen. Ginny Burdick Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURES:                          HB 3272A – Public Hearing

HB 3613 – Public Hearing    

HB 3264A – Public Hearing

HB 2763 – 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 50, A

005

Chair Brown

Calls the meeting to order at 3:09 p.m. and opens the work session on SB 706.

HB 3272– PUBLIC HEARING

010

Jim Stembridge

Committee Administrator. Summarizes HB 3272.

011

Roger Nyquist

Testifies and submits written testimony in favor of HB 3272. Describes the proposed boundaries of Linn and Benton counties (EXHIBIT A).

051

Mark Nelson

Submits written testimony in favor of HB 3272 and describes the desire on the boundaries of Linn County and states Benton County is not in agreement with the proposed boundaries (EXHIBIT B).

065

Nyquist

Presents pictures showing the boundaries of Linn County.

076

Nelson

Points to the area of the boundary in the middle of the river.

085

Nyquist

Notes the tax dollars involved were in the machinery in a food processing plant located in this area.

103

Sen. Brown

Asks who is providing services in this at the present time.

110

Nelson

Answers it depends on the services.

115

Nyquist

Property owners could best answer this issue.

131

Sen. Atkinson

Ask if the river changes back would you give the land back.

139

Nyquist

States a drastic change in the land movement is not anticipated.

136

Sen. Corcoran

Asks if the land in question in one zone.

140

Nyquist

Answers no.

144

Sen. Corcoran

Asks if there have been any attempts to rezone that area.

145

Nyquist

Answers he does not know.

153

Terry Quindower

Testifies in favor of HB 3272 and informs the committee of his concerns about who was taking care of this particular property.

190

Karla Chambers

Stahlbush Island Farms, Inc.  Testifies in favor of HB 3272 and explains all of the businesses and residents would like to live in Linn County and everyone is confused when boundaries are not certain.

225

Sen. Brown

Asks if there has been other problems when needing to contact an agency.

236

Chambers

Relates experiences of people who are trying to locate an agency and are often wrong about what county they are in.

243

Sen. Brown

Asks if her children have to cross the river to go to school.

247

Chambers

States the majority of children go to Linn County Schools.

265

Annabelle Joromillo

Commissioner, Benton County.  Testifies in opposition of HB 3272. Explains the need for discussions to a conclusion noting there has not been mutual discussions by all parties (EXHIBITS C and D).

351

Sen. Brown

Asks if the Morris Brother’s agreed on the changes.

361

Ray Wilson

Surveyor, Benton County.  Testifies in opposition of HB 3272A and explains the agreement with the Morris Bros.

368

Sen. Brown

Refers to the map and states that from a common sense approach the changes should be made.

392

Joromillo

Responds that changing the boundaries now would cause changes in the future.

403

Chair Clarno

Asks for an explanation of the costs.

408

Wilson

Responds the road has been vacated, there will be very little expense.

TAPE 51, A

009

Chair Clarno

Asks if the road has been maintained since it was vacated

010

Wilson

Answers no.

011

Sen. Brown

Explains the Morris Brother’s are legally responsible for repairing the road.

015

Wilson

Answers yes they maintain that road.

027

Chair Clarno

Asks how much in taxes does Benton County receive.

039

Joromillo

Answers fifty thousand.

037

Chair Clarno

Asks about other taxes.

040

Jaramillo

Describes others who receive taxes from this fund.

043

Chair Clarno

Asks about fire services.

045

Joromillo

Answers the rural fire services are purchased from the Corvallis Fire Department.

050

Wilson

Notes the technical aspects of the boundary and the wording of the bill and states if the bill is passed and the river moves we will be back doing this again.

067

Sen. Brown

Asks to look at the map.

070

Wilson

Offers an explanation of the map and the movement that the land has taken.

087

Sen. Brown

Asks if the bill only applies to the Stalbush Farms, Inc.

088

Wilson

States no it applies to everything.

117

Jim Stembridge

Expresses the map is similar to the one exhibited earlier.

103

Sen. Beyer

Notes the fifty thousand dollars in taxes and asks for the total acreage.

110

Joromillo

Discusses the land that would be shifted if the boundaries were set.

137

Sen. Beyer

Asks what the net figure would be.

130

Joromillo

Notes the amount of money that would be involved if the is shifted.

141

Chair Clarno

Asks have there been discussions with Linn County regarding these changes.

142

Wilson

States they have not had a formal meeting.

153

Sen. Beyer

Asks what problem needs to be fixed.

167

Mark Nelson

Linn County.  Explains all counties were involved in the methodology used to define county lines and states the line should be in the middle of the river.

221

Nyquist

Offers to meet with other counties and move forward with these changes.

231

Chair Clarno

Closes the public hearing on HB 3272A and opens a public hearing on HB 3613.

HB 3613 – PUBLIC HEARING

235

Jim Stembridge

Committee Administrator.  Summaries HB 3613 and the -2 amendments.

248

Rep. Greenlick

District 33.  Testifies in favor of HB 3613 and submits written testimony. Asks,

  • is this a prudent thing to do
  • is it profitable for Oregon investment funds
  • is it politically appropriate
  • will it lead to more jobs in Portland

Concludes that Oregon could earn money with the passage of this bill (EXHIBIT E).

423

Sen. Corcoran

Asks which unions have and have not worked this out.

423

Rep. Greenlick

States to his knowledge no unions are currently opposing if the -2 amendments are added.

430

Sen. Corcoran

Notes only three public sector unions have stated they would put their names to it.

438

Rep. Greenlick

States if the -2 amendments are approved the unions have no problem.

447

Sen. Corcoran

Asks why we need this if we have the Oregon Growth Account.

450

Rep. Greenlick

Responds there is no money in the Oregon Growth Account.

463

Sen. Corcoran

Asks if the proposal would impact the Common School Fund and the Oregon Short Fund.

TAPE 50, B

011

Rep. Greenlick

Answers we are not creating a new category of investment. We are asking that when they use funds in these entities, that they look toward Oregon first.

062

Keith Barns

Retired Chief Officer, Integrated Measurement Systems.  Describes the company and how positive venture funding was. Urges passage of         HB 3613

113

Les Fahey

Owner, Fahey Ventures.  Testifies in favor of HB 3613 and informs the committee on the positive and the negative issues of gaining capitol on the early stages of venture funds (EXHIBIT F).

183

Wayne Embree

Entrepreneur. Testifies in favor of HB 3613 and explains this same issue was addressed twenty years ago. Explains how the funds were invested and states this is the best time to invest in startup companies (EXHIBIT G).

259

Sen. Corcoran

Asks where is the hope that we are on our way up.

300

Embree

States we are close to the flat end of the cycle.

341

Sen. Corcoran

Asks is this a different time than the past in the business cycle.

344

Embree

Answers yes but this is the best time to invest.

354

Sen. Corcoran

Asks what are the OIC requirements on current venture capital investments.

360

Embree

Answers that OIC has only invested in two venture markets.

363

Sen. Corcoran

States his concern with the issue of the investments and asks do we gain from the investments already made.

366

Embree

Describes the Seed Fund and states it was very small and now receives $18 million in returns.

368

Dennis McNannay

CEO, Core Policy Systems.  Explains how his company became strong and states access to capital will dictate how large companies will get and where they locate.

400

Jim Johnson

Investor.  Testifies in support of HB 3613 and states it gives Oregon a chance but we need more of a network.

406

Harvey Mathews

Associated Oregon Industries, (AOI).  Testifies in favor of HB 3613. States that Oregon does not have enough networks.

TAPE 51, B

011

Mathews

Concludes that HB 3613 creates jobs, directs investments and is prudent.

015

Randall Edwards

Treasurer, State of Oregon.  Expresses concern about conflicts with prudent investment standards. Explains that each fund has a specific beneficiary. Discusses current investment strategies. (EXHIBIT H).

070

Chair Brown

Asks what are the distinctions in other states regarding fiduciary requirements.

071

Edwards

Answers that the question is how to utilize the Oregon Growth Account and the need to use the appropriate monies to invest.

151

Sen. Beyer

Notes the -2 amendments appear to leave all the discretion to the investment counsel.

169

Edwards

States the comments are to the bill as it is written.

193

Sen. Corcoran

Refers to the discussion with the unions on this issue and states that they are fine with this bill.

The following prepared testimony is submitted for the record without public testimony for HB 3613:

 

Joseph Cortright

Submits written testimony (EXHIBIT I)

 

Sen. Bruce Starr

District 15.  Submits written testimony (EXHIBIT J)

204

Chair Brown

Closes the public hearing on HB 3613 and opens a public hearing on HB 3264.

HB 3264 – PUBLIC HEARING

213

Charlie Stone

Assistant State Forester, Oregon Department of Forestry.  Testifies in favor of HB 3264 and states this bill was initiated because of a law suit (EXHIBIT K).

233

Sen. Corcoran

Asks who would apply enforcement action.

234

Stone

Answers the State Forestry Department.

235

Sen. Corcoran

Notes that would make them the regulators of the State Forester Act.

240

Stone

Responds that this bill has amendments to clarify in law that the state does not create rules.

333

Sen. Corcoran

States under current situations a timber cutter cannot be dismissed by the State Forester.

357

Stone

Answers not unless they are in violation of the rules

359

Sen. Corcoran

Asks if they violate the rules could they stop the operation.

360

Stone

Responds yes.

368

Sen. Corcoran

States either you are or you are not a regulator.

387

Stone

Indicates the State Forester is the regulator of the State Forestry Practices Act and but not on the Endangered Species Act.

390

Sen. Corcoran

Asks under the State Forestry Practices Act has an operation ever been stopped.

391

Stone

Responds not on private land. Clarifies the amendments regarding  appeal decisions and directives to the Board to amend the rules.

453

Chair Brown

Notes that one complaint was on the amount of notice given to both sides.

422

Stone

States there was a hearing on the house side and our folks testified.

425

Chair Brown

Notes the problem of changing the law in the middle of a court proceeding.

438

Richard Witman

Legal Counsel, Oregon Department of Forestry.  Submits written testimony in opposition of HB 3264. Informs the committee on the affects of this bill (EXHIBIT L).

TAPE 52, A

040

Chair Brown

Asks if the Department of Environmental Quality (DEQ) is the regulatory enforcer for the Clean Air Act.

045

Whitman

Recognizes that if the plaintiffs are correct then local governments could be responsible for implementing a federal law to the degree that the federal agencies charged with administrating that law have not chosen to do so, and that is what we are trying to avoid.

054

Sen. Burdick

Asks if they prevail will the law suit go away.

056

Witman

Answers no. The bill is needed to clarity the intent of the legislature.

078

Sen. Corcoran

Asks what is legal issue.

080

Ray Wilkerson

Oregon Forestry Council.  Testifies in support with some reluctance but believes this bill is necessary.

142

Mary Scurlock

Senior Policy Analyst, Pacific Rivers Council.  Testifies in opposition of HB 3264 and offers a PowerPoint presentation on endangered species not being protected (EXHIBIT M and N).

235

Patty Goldman

Attorney. Informs the committee that evidence was provided and this bill would just shift the target.

364

Sen. Beyer

Asks about the statement “if we do this we allow people to be guilty before proven innocent”.

366

Scurlock

Responds if a problem is found the operation would not be approved until the operation has changed.

386

Sen. Beyer

Asks if they sued the state of Washington.

400

Scurlock

Answers Washington has come up with better regulations.

405

Sen. Beyer

States Washington allows killing of these fish all the time

418

Goldman

Notes there are creditable findings that fish have been killed by logging.

428

Sen. Beyer

Asks what is the status of that listing now.

430

Scurlock

Responds under review as all listings.

432

Sen. Beyer

Notes a judge stated they were listed improperly.

434

Scurlock

Notes it has been argued that it would stay in place until the listings were reviewed by the federal agencies.

480

Les Helgeson

Native Fish Society. Submits written testimony in opposition of         HB 3264 and explains this bill is bad for wildlife and forestry as well (EXHIBIT O).

TAPE 53, A

001

Helgeson

Continues.

073

Chair Clarno

Closes the public hearing on HB 3264 and opens a public hearing on HB 2613.

HB 2613 PUBLIC HEARING

080

Sen. Beyer

Asks if there is anyone to testify. Notes  that he has a letter signed by the Governor stating as soon as he receives the bill he will sign it (EXHIBIT P).

090

Chair Clarno

Asks if there is anyone in the hearing room from the Governor’s office.

085

Stone

Notes the Governor’s office had intended to pull the letter back.

094

Goldman

States there was a message on her answering machine stating the letter was a clerical error.

097

Stone

Clarifies he has been in touch with the Natural Resources office and they state the letter should have been pulled.

100

Chair Clarno

Injects the letter was premature.

103

Sen. Beyer

Notes the letter was signed stating the Governor is in supporting the bill.

The following prepared testimony is submitted for the record without public testimony for HB 3264:

 

Aubrey Russell

Submits written testimony (EXHIBIT Q)

108

Chair Clarno

Closes the public hearing on HB 3264 and opens a public hearing on HB 2763.

HB 2763 – PUBLIC HEARING

111

Jim Stembridge

Summarizes HB 2763.

131

Hasina Squires

Special Districts.  Testifies in favor of HB 2763 and notes the fee increase is excessive.

140

Rem Nivens

Oregon Community College Association.  Testifies in favor of          HB 2763 and notes the difficulty in recruiting board members for colleges, they do not want to create any barriers for their desire to participate in that process.  Adds that John Marshall wants to be on record as supporting the bill (EXHIBIT R).

160

Al Davidson

Oregon County Clerks.  Explains that he testified in opposition to         HB 2763 and states the -1 amendments make the bill revenue neutral so they withdraw their opposition.

180

John Lindback

Director, Elections, Secretary of the State’s Office.  Notes that by passing this bill it will cause a lack of normality in the each elections voter’s pamphlet.

The following prepared testimony is submitted for the record without public testimony for HB 2763:

 

Larry Sowa

Submits written testimony (EXHIBIT S)

 

Carol Gearin

Submits written testimony (EXHIBIT T)

211

Chair Clarno

Closes the public hearing on HB 2613 and adjourns the committee meeting at 5:40 p.m.

 

 

 

EXHIBIT SUMMARY

 

A – HB 3272, oversized exhibit, Roger Nyquist

B – HB 3272, written testimony, Mark Nelson, 1 p

C – HB 3272, written testimony, Commissioner Annabelle Jaramillo, 2 pp

D – HB 3272, enlarged exhibit, Commissioner Annabelle Jaramillo

E – HB 3613, written testimony, Rep. Greenlick, 3 pp

F – HB 3613, written testimony, Les Fahey, 2 pp

G – HB 3613, written testimony, Wayne Embree, 7 pp

H – HB 3613, written testimony, Randall Edwards, 9 pp

I – HB 3613, written testimony, Joseph Cortright, 2 pp

J – HB 3613, written testimony, Sen. Bruce Starr, 3 pp

K – HB 3264, written testimony, Charlie Stone, 2 pp

L – HB 3264, written testimony, Richard Whitman, 2 pp

M – HB 3264, written testimony, Mary Scurlock, 7 pp

N – HB 3264, written testimony, Mary Scurlock, 2 pp

O – HB 3264, written testimony, Les Helgeson, 1 p

P – HB 3264, written testimony, Governor Kulongoski, 2 pp

Q – HB 2763, written testimony, Rem Nivens, 1 p

R – HB 2763, written testimony, Larry Sowa, 3 pp

S – HB 2763, written testimony, Carol Gearin, 3 pp