SENATE COMMITTEE ON RULES
June 26, 2003 Hearing
Room D
1:30 P.M. Tapes 73 - 74
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
Sen. Tony Corcoran
STAFF PRESENT: Jim Stembridge, Committee
Administrator
Patricia Nielsen, Committee Assistant
MEASURE/ISSUES HEARD: HB 3304A – Public Hearing and Work
Session
HB 3631A – Public Hearing
HB 3613 – Work Session
SB 139 – Work Session
HB 3328A – Public Hearing
SB 903 – Work Session
Work Session – Consideration of legislative concepts for
drafting and introduction
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 73, A |
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|
005 |
Co-chair Brown |
Calls the meeting to order at 1:30 p.m. Opens public hearing on |
|
HB
3304A – PUBLIC HEARING |
||
|
010 |
Jim Stembridge |
Committee Administrator. Presents overview of HB 3304A, which requires county registrar
who receives certificate of death to notify county clerk of name, age, date
of birth and address of deceased person. |
|
015 |
Rep. Linda Flores |
District 51.
Testifies in support of HB 3304A.
Discusses -A2 amendments dated 6-26-03 (EXHIBIT A), which change the two-day requirement to five days. |
|
025 |
Eugene Schoenheit |
Testifies in support of HB 3304A. Submits written testimony (EXHIBIT B). |
|
060 |
Rep. Flores |
Comments that the measure will eliminate need to
review death notices by county staff. |
|
080 |
Janet Schoenheit |
Testifies in support of HB 3304A. |
|
HB
3304A – WORK SESSION |
||
|
085 |
Sen.
Atkinson |
MOTION: Moves to ADOPT HB 3304A-2 amendments dated
6/26/03. |
|
|
|
VOTE: 6-0 |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
090 |
Sen. Atkinson |
MOTION: Moves HB 3304A to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE: 6-0 |
|
|
Co-chair Brown |
Hearing no objection, declares the
motion CARRIED. SEN.
ATKINSON will lead discussion on the floor. |
|
095 |
Co-chair
Brown |
Closes work session on HB 3304A. Opens public hearing on HB 3631A. |
|
HB
3631A – PUBLIC HEARING |
||
|
100 |
Sen. Charlie Ringo |
District 17.
Testifies in support of HB 3631A, which designates Forest Park and
area of influence around Forest Park, including wildlife corridors connecting
Forest Park to other areas of wildlife habitat, as area of substantial
resource subject to inventory and protection. Discusses -A3 amendments dated 6-19-03 (EXHIBIT C). Explains a special
case warrants the bill. |
|
155 |
Dave Hunnicutt |
Testifies in support of HB 3631A. Supports -A3 amendments. Notes section 4 of the bill, and raises
concerns that the meaning is ambiguous.
Explains intent for zoning in the area. |
|
190 |
Rep. Mitch Greenlick |
District 33.
Testifies in support of HB 3631A.
Prefers original language. Explains
the area is unique in the state. Concurs
with sections 2, 3 and 4, and makes no comment on section 5. |
|
225 |
Susan Muir |
Land Use Director, Multnomah County. Testifies in opposition to HB 3631A. Submits written materials (EXHIBITS D, E). |
|
265 |
Sen. Corcoran |
Suggests because this property was owned before land
use laws came into being, it should be allowed to continue as the owner
expected. |
|
275 |
Muir |
Explains Multnomah County applies zoning rules after
effective date of ordinances, and gives notice to owners. |
|
295 |
Sen. Corcoran |
Asks whether county had the ability to make the adjustments
the owner requested. |
|
300 |
Muir |
Discusses process to allow for exception, and
advises there was no request here. |
|
305 |
Randy Tucker |
1000 Friends of Oregon. Testifies in opposition to HB 3631A and the ·
Asserts it undermines
land use program to legislate in favor of individual owners ·
Section 5 might allow
owners to subdivide ·
Not a compelling
fairness issue at stake: |
|
370 |
Art Schlack |
Associated Oregon Counties (AOC). Raises concern over section 4, as applied
to individual property. Suggests the
land use issue should be addressed through the local land use process, not by
bills asking for special consideration. |
|
410 |
Bob Rindy |
Department of Land Conservation and Development
(DLCD). Testifies in opposition to HB
3631A. Raises concern about how a
city or county is to comply with the measure: ·
If intent is to
protect lands in Forest Park, it is unnecessary ·
If intent is to protect
residential use surrounding Forest Park, it is unclear and may be unnecessary |
|
TAPE 74, A |
||
|
030 |
Rindy |
Continues. |
|
035 |
Ron Eber |
Farm Forest Specialist, DLCD. Suggests section 5 sets precedent for
allowing one property to receive special treatment. Discusses other laws which have allowed for exceptions. |
|
050 |
Co-chair Brown |
Closes public hearing on HB 3631A. Opens work session on HB 3613. |
|
HB 3613
– WORK SESSION |
||
|
070 |
Jim Stembridge |
Committee Administrator. Presents overview of HB 3613, which requires that specified
percentage of value of state investment funds be invested in emerging growth
businesses in Oregon. Discusses -5
amendments dated 6-20-03 (EXHIBIT F). |
|
080 |
Harvey Mathews |
Associated Oregon Industries (AOI). Testifies in support of HB 3613. Discusses development of -5 amendments. |
|
100 |
Rep. Greenlick |
Testifies in support. Discusses intent to stimulate Oregon Investment Council and to
stimulate business in Oregon. Expresses
union support. |
|
130 |
Kate Richardson |
Chief of Staff, Oregon State Treasury. Testifies in support of HB 3613 and -5
amendments. |
|
145 |
Co-chair Brown |
Thanks everyone for hard work and cooperation to
make this work. |
|
150 |
Sen. Corcoran |
Clarifies whether the unions agree with the
proposal. |
|
155 |
Richardson |
Explains the Oregon Growth Account (OGA) shares goal
of investing in venture capital. |
|
160 |
Sen.
Burdick |
MOTION: Moves to ADOPT HB 3613-5 amendments dated
6/20/03. |
|
|
|
VOTE:
5-0 EXCUSED: 1 - Clarno |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
170 |
Sen.
Burdick |
MOTION: Moves HB 3613 to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE:
5-0 EXCUSED: 1 - Clarno |
|
|
Co-chair Brown |
Hearing no objection, declares the
motion CARRIED. SEN. BROWN
will lead discussion on the floor. |
|
175 |
Co-chair Brown |
Closes work session on HB 3613. Opens work session on SB 139. |
|
SB 139
– WORK SESSION |
||
|
185 |
Jim Stembridge |
Committee Administrator. Presents overview of SB 139, which establishes Elections
Operating Account. Describes -5
amendments dated 6-25-03 (EXHIBIT G). Advises there is a possible technical
change (conceptual amendment) to remove several lines and renumber (EXHIBIT H). |
|
205 |
Sen. Burdick |
Clarifies text of ballot measures would still be included
the voter’s pamphlet. |
|
210 |
Stembridge |
Affirms and explains it would add one or two pages
per measure. |
|
215 |
Co-chair Brown |
Asks about effect of deleting the operating account. |
|
220 |
Stembridge |
Advises funds received for the voter’s pamphlet
space would be added to the General Fund, and the Secretary of State would need
a General Fund appropriation to create the voter’s pamphlet. |
|
225 |
Co-chair Brown |
Asks about consequence to voter’s pamphlet if the
legislature could not agree on a General Fund appropriation. |
|
230 |
Stembridge |
Responds that would jeopardize the existence of the
voter’s pamphlet. |
|
235 |
Sen. Burdick |
Clarifies now there is not a separate account, and
purpose of separate account is to provide accountability to see that voter’s
pamphlet income is paying the cost of the pamphlet. Expresses preference to have a separate account. |
|
240 |
Sen. Beyer |
Asks what is deleted in the text of the amendment. |
|
245 |
Stembridge |
Explains drafters did not remove some text, but the
information described will still be both online and in the voter’s pamphlet. |
|
255 |
Co-chair Brown |
Closes work session on SB 139. Opens public hearing on HB 3328A. |
|
HB
3328A – PUBLIC HEARING |
||
|
270 |
Jan McComb |
Committee Administrator. Presents overview of HB 3328A, which revises laws administered
by Oregon Government Standards and Practices Commission (GSPC). |
|
300 |
Rep. Linda Flores |
District 51.
Testifies in support of HB 3328A. |
|
325 |
Co-chair Clarno |
Takes gavel. |
|
340 |
Sarah Wetherson |
Money in Politics Research Action Project. Submits written testimony (EXHIBIT I). Testifies in support of HB 3328A with -A6 amendments
(EXHIBIT J). Discusses details. |
|
400 |
Sen. Burdick |
Clarifies that the -A6 amendments were drafted for
the Money in Politics organization. |
|
405 |
Wetherson |
Affirms. |
|
410 |
Co-chair Clarno |
Requests earlier submission of amendments in future. |
|
415 |
Wetherson |
Acknowledges. |
|
TAPE 73, B |
||
|
005 |
Genoa Ingram |
Special Districts Association of Oregon. Testifies in support of HB 3328A. Submits written testimony (EXHIBIT K). |
|
125 |
Ron Downs |
General Counsel, Special Districts Association of
Oregon. Discusses volunteerism within
the special districts in Oregon.
Explains training is a problem so volunteer members do not always have
sufficient training to keep from making errors. Urges protection of volunteers. Discusses case law regarding liability of board members. Describes civil penalties where commission
can issue a formal letter of reprimand. |
|
200 |
Christy Monson |
League of Oregon Cities (LOC) Counsel. Testifies in support of HB 3328A. Confirms ethics laws should not be diluted
or slackened. Submits written testimony
(EXHIBIT L). |
|
235 |
Candace Haines |
City attorney, City of McMinnville. Testifies in support of HB 3328A. Discusses need for clarity and
understandability of ethics laws. |
|
275 |
Sen. Burdick |
Asks whether she has seen the -A6 amendments. |
|
285 |
Haines |
Discusses safe harbor provision in proposed -A6
amendments. |
|
305 |
Co-chair Brown |
Takes gavel.
Closes public hearing on HB 3328A.
Opens work session on SB 903. |
|
SB 903
– WORK SESSION |
||
|
320 |
Jim Stembridge |
Committee Administrator. Presents overview of SB 903, which extends emergency
unemployment benefits for up to 15 weeks for period ending September 27,
2003. Discusses proposed amendments: ·
-1 dated 6-20-03 (EXHIBIT M) ·
-2 dated 6-24-03 (EXHIBIT N) ·
-3 dated 6-26-03 (EXHIBIT O) |
|
325 |
Tim Nesbitt |
Oregon AFL-CIO. Testifies in support of SB 903 with -1 and -2 amendments. Submits chart describing unemployment
benefits (EXHIBIT P). Proposes additional amendment. |
|
370 |
Lisa Trussell |
Associated Oregon Industries (AOI). Testifies in support of -1 and -2
amendments. |
|
380 |
Sen. Beyer |
Asks about costs for different amendments. |
|
385 |
Trussell |
Explains the difference is cut-off dates proposed. |
|
400 |
Sen. Burdick
|
MOTION: Moves to SUSPEND the rules for the purpose
of further amending the -1 amendments dated 6-20-03. |
|
|
|
VOTE: 5-0 EXCUSED: 1 – Atkinson |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
405 |
Sen. Beyer
|
MOTION: Moves to AMEND the SB 903-1 amendments
dated 6/20/03 on page 1, line 2, by deleting the words "May 29,
2004" and inserting the words "February 28, 2004" and on page
1, line 3, by deleting the words "May 29, 2004" and inserting the
words "February 28, 2004". |
|
|
|
VOTE:
5-0 EXCUSED: 1 – Atkinson |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
410 |
Sen. Beyer
|
MOTION: Moves to ADOPT SB 903-1 amendments dated 6/20/03 as further
amended. |
|
|
|
VOTE:
5-0 EXCUSED: 1 – Atkinson |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
415 |
Sen. Beyer
|
MOTION: Moves to ADOPT SB 903-2 amendments dated 6/24/03. |
|
|
|
VOTE:
5-0 EXCUSED: 1 – Atkinson |
|
|
Co-chair Brown |
Hearing no objection, declares the
motion CARRIED. |
|
420 |
Sen. Beyer
|
MOTION: Moves SB 903 to the floor with a DO PASS
AS AMENDED recommendation. |
|
|
|
VOTE:
5-0 EXCUSED: 1 – Atkinson |
|
|
Co-chair Brown |
Hearing no objection, declares the
motion CARRIED. SEN.
COURTNEY will lead discussion on the floor. |
|
425 |
Co-chair Brown |
Closes work session on SB 903. Opens work session for consideration of
legislative concepts for drafting and introduction. |
|
WORK
SESSION – LEGISLATIVE CONCEPTS |
||
|
435 |
Sen.
Clarno |
MOTION: Moves legislative concepts 1 through 8,
requested by staff, BE APPROVED FOR DRAFTING by Legislative Counsel and BE
INTRODUCED as committee bills. |
|
440 |
Co-chair Brown |
Lists proponents of legislative concepts (EXHIBIT Q): 1.
Legislative Advocates 2.
Public Affairs Counsel 3.
Public Affairs Counsel 4.
Public Affairs Counsel 5.
Public Affairs Counsel 6.
RPD Government
Relations 7.
Oregon Landscape Contractors
Association 8.
Associated Oregon
Industries (AOI) |
|
|
|
VOTE:
4-0 EXCUSED: 2 - Atkinson, Corcoran |
|
|
Co-chair Brown |
Hearing no
objection, declares the motion CARRIED. |
|
445 |
Co-chair Brown |
Closes work session on legislative concepts. Adjourns the committee at 3:04 p.m. |
EXHIBIT
SUMMARY
A
– HB 3304, -A2 amendments (6-26-03), staff, 1 p
B
– HB 3304A, written testimony, Eugene Schoenheit, 1 p
C
– HB 3631, -A3 amendments (6-19-03), staff, 3 pp
D
– HB 3631A, written testimony, Susan Muir, 2 pp
E
– HB 3631A, letter from Maria Rojo de Steffey, Susan Muir, 1 p
F
– HB 3613, -5 amendments (6-20-03), staff, 6 pp
G
– SB 139, -5 amendments (6-25-03), staff, 12 pp
H
– HB 139, suggested technical amendments to -5 amendments, Fred Neal, 1 p
I
– HB 3328A, written testimony, Sarah Wetherson, 2 pp
J
– HB 3328, -A6 amendments (6-17-03), Sarah Wetherson, 11 pp
K
– HB 3328A, written testimony, Genoa Ingram, 4 pp
L
– HB 3328A, written testimony, Christy Monson and Candace Haines, 2 pp
M – SB 903, -1 amendment dated
6-20-03, staff, 1 p
N – SB 903, -2 amendment dated
6-24-03, staff, 1 p
O – SB 903, -3 amendment dated
6-26-03, staff, 1 p
P – SB 903, chart “Maximum Weeks
of Unemployment Insurance Benefits Available,” Tim Nesbitt, 1 p
Q – Legislative concepts, memo,
staff, 1 p