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

005

Co-chair Brown

Calls the meeting to order at 1:30 p.m.  Opens public hearing on
HB 3304A.

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
-A3 amendments.  Takes no position on sections 1 through 4, but opposes section 5. 

·       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:
Explains Mrs. English purchased 39 acres for $4500 in 1953. 
In 2000, remaining 20 of 39 acres valued at $200,000, not including house. 
Owned 25 years before land use laws.

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