SENATE COMMITTEE ON RULES

 

 

July 24, 2003                                                                                                           Hearing Room B

1:30 pm                                                                                                                    Tapes 101 – 102

 

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

Sen. Bev Clarno, Co-chair 

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

 

MEMBER EXCUSED:          Sen. Jason Atkinson, Vice-chair

                                                Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       SB 924 – Public Hearing and Work Session

                                                SB 931 – Public Hearing and Work Session

Work Session – Consideration of legislative concepts for drafting and introduction

                                                SB 913 – Work Session

                                                SB 917 – Work Session

SB 929 – Public Hearing and Work Session

                                                HB 3645 – 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 101, A

003

Co-chair Brown

Calls meeting to order at 1:36 PM. Opens a public hearing on SB 924.

SB 924 – PUBLIC HEARING

008

Jim Stembridge

Committee Administrator. Summarizes SB 924, which makes certain persons performing translator and interpreter services nonsubject workers for purposes of workers’ compensation statutes.

011

Rep. Greg Macpherson

House District 38. Testifies in support of SB 924. Defers to Mr. Hennagin.

021

Rodger Hennagin

Attorney, Lake Oswego; Association of Language Companies (ALC). Testifies in support of SB 924. Introduces Mr. Graeper. Explains the issue. Notes management-labor advisory committee (M-LAC) approves the change in the law.

045

William Graeper

Manager, Certified Languages International; ALC. Testifies in support of SB 924. Speaks on independent interpreters and contractors.

060

Sen. Beyer

Asks why independent contractors would then need to be exempted in statute.

063

Hennagin

Answers the Employment Department does not view them as independent contractors.

067

Sen. Beyer

Requests why an exemption approach is being used instead of correcting the statute. Speaks on individual exemptions.

080

Hennagin

Responds. Notes there is no uniformity in interpretation. Believes the exemption will clarify the situation.

094

Graeper

Adds that M-LAC also agrees it is a housekeeping measure.

100

Sen. Beyer

Voices concern that other industries will not receive any relief due to a solitary exemption by the bill versus a universal relief for all industries that could be achieved by changing statute.

109

Hennagin

Remarks.

110

Co-chair Brown

Clarifies this is one category approved by M-LAC for consideration.

114

Rep. Macpherson

Recognizes there is a problem with the statute. Expresses there is a clear consensus in the particular area addressed by the bill. Conveys that the area deserves attention as parties agree.

130

Co-chair Brown

Recollects the Oregon State Bar was working on a bill to address the statute with SB 40 (2003) that failed. Thinks the Governor vetoed the bill.

136

Sen. Beyer

Corrects the bill never left the House.

139

Co-chair Brown

Remarks.

142

Sen. Beyer

Explains what SB 40 (2003) would have achieved. States there are roadblocks preventing individuals from working. Finds objectionable furthering the statute as a piecemeal work.

160

Co-chair Brown

Closes public hearing on SB 924. Opens public hearing on SB 931.

SB 931 – PUBLIC HEARING

165

Marjorie Taylor

Committee Administrator. Summarizes SB 931, which transfers staffing for Trust for Cultural Development Board and management of Trust for Cultural Development Account from Office of Secretary of State to Oregon Arts Commission. Notes -1 amendments (EXHIBIT A).

185

Sen. Bev Clarno

Senate District 27. Testifies in support of SB 931 (EXHIBIT B).

200

Rep. Betsy Johnson

House District 31. Testifies in support of SB 931. Requests that in spite of budget hardship, Oregon retain its artistic and cultural heritage. Thanks Sen. Clarno for her leadership on the issue. States SB 931 is only a partial solution to the problem. Believes proper funding for the Oregon Arts Commission should be achieved. Imparts $1.2 Million as the funding necessary in the Ways and Means Committee.

245

Sen. Clarno

Adds she would be remiss if she did not fully address the issue.

253

Howard Lavine

Art and Culture Policy Advisor to Governor Kulongoski. Voices support of the Governor for SB 931. States the Governor’s policy intentions for art and culture in Oregon. Explains the projected effects of the measure.

348

Christine D’Arcy

Oregon Arts Commission. Testifies in support of SB 931 (EXHIBIT C).

360

Kathleen Cosgrove

Oregon Cultural Trust. Testifies in support of SB 931 (EXHIBIT D).

385

Sen. Clarno

Commends her staff member Shawn Cleave for his work on the issue.

389

Co-chair Brown

Closes public hearing and opens work session on SB 931.

SB 931 – WORK SESSION

391

Sen. Clarno

MOTION:  Moves to ADOPT SB 931-1 amendments dated 7/23/03.

393

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

398

Sen. Clarno

MOTION:  Moves SB 931 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

404

Sen. Beyer

Supports moving the bill to the committee on Ways and Means.

414

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

419

Co-chair Brown

Closes work session on SB 931. Opens work session on SB 924.

SB 924 – WORK SESSION

424

Sen. Clarno

MOTION:  Moves SB 924 to the floor with a DO PASS recommendation.

427

Co-chair Brown

Recommends how Sen. Beyer can work to improve the statute during the interim.

431

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

TAPE 102, A

014

Co-chair Brown

States her intention to move SB 913.

019

Sen. Clarno

Reminds her about testimony on SB 917.

023

Sen. Beyer

Asks about the expected votes on SB 917.

030

Co-chair Brown

Closes work session on SB 924. Opens work session for consideration of legislative concepts for drafting and introduction.

WORK SESSION

032

Jim Stembridge

Committee Administrator. Informs of requests for re-drafting from Jon Chandler as there was a problem with the relating clause of SB 930 (EXHIBIT E).

039

Sen. Clarno

MOTION:  Moves legislative concept one, requested by staff, BE                        

                     APPROVED FOR DRAFTING, by Legislative                       

                     Counsel and BE INTRODUCED as a committee bill.

041

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

043

Co-chair Brown

Closes work session on legislative concepts. Opens work session on SB 913.

 

 

 

SB 913 – WORK SESSION

048

Marjorie Taylor

Committee Administrator. Summarizes SB 913, which allows state institution of higher education to offer health services to dependents of students and staff and faculty of institution. Informs of the correction made by the -1 amendments (EXHIBIT F). Notes the subsequent referral to Ways and Means could be rescinded as it is a fee-based health service.

060

Sen. Beyer

MOTION:  Moves to ADOPT SB 913-1 amendments dated 7/21/03.

061

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

063

Sen. Beyer

MOTION:  Moves SB 913 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

067

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

CO-CHAIR BROWN will lead discussion on the floor.

070

Co-chair Brown

Informs the committee the Governor has voiced concern with the measure. Closes work session on SB 913. Opens work session on SB 917.

SB 917 – WORK SESSION

083

Sen. Jackie Winters

Senate District 10. Explains the -1 amendments (EXHIBIT G).

093

Senate President Peter Courtney

Senate District 11. Testifies in support of SB 917. Notes that Chief of Police, City of Salem wishes to have the authority to use photo radar if it wishes. Requests the -1 amendments be approved.

114

Co-chair Brown

Requests he respond to the idea that adding cities to the measure will increase its chance of failure.

120

President Courtney

States it is not his intention to kill the bill.

124

Co-chair Brown

Clarifies.

128

Sen. Clarno

Explains a current viewpoint that the more cities included in the bill, the more difficulty the bill will have with passage. Informs of the public hearing the bill had on July 23, 2003. Restates that some support the bill as amended because the additional amendments to kill the bill.

133

Sen. Winters

Responds it is difficult to respond to the issues being presented.

141

Co-chair Brown

Requests why a statute is not passed to allow any city in Oregon to use photo radar.

146

Sen. Winters

Agrees a statute of that nature should be passed.

149

President Courtney

Reiterates it is not his intention to kill the bill. Adds the City of Salem wishes to have the authority to use the radar.

161

Sen. Clarno

Lists cities added by the amendment.

167

Rep. Greg Macpherson

Defers to the superiors to make decision as to inclusion of cities. States intentions of the bill and would like to see it moved.

181

Sen. Clarno

MOTION:  Moves to ADOPT SB 917-1 amendments dated 7/17/03.

183

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

185

Sen. Clarno

MOTION:  Moves SB 917 to the floor with a DO PASS AS AMENDED recommendation.

190

Sen. Beyer

Reminds committee of its agreement to draft a bill. Notes he did not sign the letter to get the bill introduced. Stresses he is strongly opposed to the bill, and will vote as a courtesy in committee.

199

Jim Stembridge

Responds that drafting procedure requires there be four signatures, and although the document is not present, he is certain there are four.

205

Co-chair Brown

Believes Sen. Corcoran was the fourth signature.

210

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

PRESIDENT COURTNEY AND SEN. WINTERS will lead discussion on the floor.

214

Co-chair Brown

Closes work session on SB 917. Opens public hearing on SB 929.

SB 929 – PUBLIC HEARING

227

Jim Stembridge

Committee Administrator. Summarizes SB 929, which expands description of powers of semi-independent state agency with regard to acquisition of property. Notes -1 amendments from Sen. Brown (EXHIBIT H).

237

Fred VanNatta

Appraisal Certification and Licensure Board (ACLB); Oregon Commercial Property Owners Association (OCPOA). Testifies in support of SB 929 (EXHIBIT I). Informs SB 929 is the reincarnation of HB 3380 (2003) that passed the House of Representatives with a vote of 56-1. Speaks on the language in section one of the bill. States there is no General Fund liability. Addresses sections two to six. States recent opposition to the bill by Department of Administrative Services (DAS) was discovered recently.

320

Co-chair Brown

Asks if there is any objection to the -1 amendments.

322

VanNatta

States the parties he represents have no objection.

351

Greg Jeffrey

Budget and Management Division, DAS. Testifies in opposition to SB 929 (EXHIBIT J). Overviews history of financing authority. Lists reasons for opposition by DAS. Explains the effects of the bill.

460

Co-chair Brown

Refers to testimony submitted by David Plunkett (EXHIBIT K). Poses question regarding financing property semi-independents have the authority to purchase.

469

Jeffrey

Clarifies.

476

Co-chair Brown

Restates the question. Assumes semi-independents have the authority to purchase property and obtain financing.

478

Jeffrey

Agrees on authority. Clarifies the objections of DAS. Speaks on semi-independents.

481

Co-chair Brown

Asks if the state has financial responsibility for semi-independents.

484

Jeffrey

Responds it depends on the terms of the financing.

TAPE 101, B

050

Sen. Beyer

Asks if the inclusion of DAS would be making the process more expensive for the state and for the agencies.

055

Jeffrey

Answers regarding the role of DAS in financing agreements. Thinks that if provisions were included to allow for DAS approval, the payment process would not change and would add an additional level of review.

074

Sen. Beyer

Asks if semi-independent agencies existed when legislation was passed in 1989.

079

Jeffrey

Believes so.

081

Sen. Beyer

Explains his premise. Asks if knows the amount of property the state of Oregon owns.

089

Jeffrey

Replies he is not familiar with the history of semi-independents. Adds he is not privy to the information.

094

Sen. Beyer

Provides opinion on job DAS has done with management in general.

101

Co-chair Brown

States intention to check with Legislative Counsel (LC) on lines 12 and 13 of the bill regarding financial liability. Asks Mr. VanNatta if he thinks the General Fund would have legal responsibility.

107

Fred VanNatta

Responds it is the intent of the language of the bill not to have the state held liable. Explains liability the bill intends.

123

Co-chair Brown

Assumes where responsibility lies.

127

Stembridge

Offers that Chuck Taylor from LC is on his way.

146

Co-chair Brown

Recesses public hearing on SB 929 and the meeting at 2:42 PM.

****************************    RECESS    *********************************************

147

Co-chair Brown

Reconvenes meeting at 2:45 PM. Reopens public hearing on SB 929.

SB 929 – PUBLIC HEARING

150

Co-chair Brown

Explains issue. Asks Mr. Taylor if the state could be held financially liable with General Fund dollars.

159

Chuck Taylor

Legislative Counsel. Explains he will return with statutory information.

167

Co-chair Brown

Closes public hearing and opens work session on SB 929.

SB 929 – WORK SESSION

172

Sen. Burdick

MOTION:  Moves to ADOPT SB 929-1 amendments dated 7/24/03.

173

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

175

Sen. Beyer

Notes there may be a -3 amendment. Informs of problem with SB 854 (2003).

179

Co-chair Brown

Closes work session on SB 929. Opens a public hearing on HB 3645.

HB 3645 – PUBLIC HEARING

194

Judith Callens

Committee Administrator. Summarizes HB 3645, which allows nonputrescible solid waste disposal site approved before January 1, 2002, and located in county that has adopted marginal lands provisions to be maintained, expanded, or enhanced until January 1, 2006. Notes there is no revenue or fiscal impact.

211

Mike Dewey

Waste Management. Testifies in support of HB 3645. Remarks. HB 3265 (2003) reincarnated. Overviews the bill. Lists parties in support of the measure and states it is non-controversial. Informs the committee of disposal of liquid sediment and addresses cost. Informs of the investment in a landfill and the revenue that could be obtained, thus enhancing economic development in the state.

285

Co-chair Brown

Closes public hearing and opens work session on HB 3645.

HB 3645 – WORK SESSION

289

Sen. Clarno

MOTION:  Moves HB 3645 to the floor with a DO PASS recommendation.

294

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Corcoran

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CLARNO will lead discussion on the floor.

299

Co-chair Brown

Closes work session on HB 3645. Adjourns meeting at 2:57 PM.

 

EXHIBIT SUMMARY

 

A – SB 931, -1 amendments (7/23/03), Staff, 3 pp.

B – SB 931, letter, Sen. Bev Clarno, 1 p

C – SB 931, written testimony, Christine D’Arcy, 1 p

D – SB 931, written testimony, Kathleen Cosgrove, 2 pp.  

E – Legislative concepts, memo, Staff, 1 p

F – SB 913, -1 amendments (7/21/03), Staff, 1 p

G – SB 917, -1 amendments (7/17/03), Staff, 1 p

H – SB 929, -1 amendments (7/24/03), Staff, 11 pp.

I –  SB 929, written testimony, Fred VanNatta, 1 p

J – SB 929, written testimony, Greg Jeffrey, 1 p

K – SB 929, written testimony, David Plunkett, 1 p