SENATE COMMITTEE ON RULES

 

July 31, 2003                                                                                                           Hearing Room B

1:30 PM                                                                                                                      Tapes 108-109

 

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

Sen. Roger Beyer, Co-chair 

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Bill Fisher

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURES HEARD:                       SB 139 – Work Session

                                                SB 920 – Work Session

                                                HB 2341 A – 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 108,A

005

Co-Chair Brown

Calls the meeting to order at 1:51 PM. Opens a work session on SB 139.

SB 139 – WORK SESSION

008

Jim Stembridge

Committee Administrator. Provides an overview of SB 139, which establishes Elections Operating Account. Presents -5 amendments dated 6/25/03 (EXHIBIT A).  

017

Sen. Fisher

Asks about measurements.

020

Fred Neil

Elections Division. Responds the proposal in the -5 amendments is pay for what you get fee schedule. Refers to -5 amendments, pages 7 & 8. 

030

Sen. Fisher

Asks what the standard type size is.

035

Neil

Responds standard by rule is 8 point and there is a standard MS Word space between the lines of the text.

040

Stembridge

Comments on having example of voters pamphlet with standard font.

043

Sen. Beyer

Asks about the number of signatures discussed in the past.

047

Neil

Responds does not recollect the discussion in the past. States it seems 1,000 signatures are required now and it is not unreasonable to require a minimum of 1,000 and up to 5,000.

057

Sen. Beyer

Asks whether 1,000 signatures submitted to put an argument in the voter’s pamphlet. Asks what the workload is and cost if they were to submit signatures.   

061

Fred Neil

Responds very few people file by petition. Signatures must be verified before they come in to file by the Secretary of State’s office verified at the county level. Claims county does not get to charge argument filers for the service.   

080

Sen. Beyer

Asks about word limit corresponding with different square inches.

085

Neil

Responds yes. Refers to page 8, lines 24-26.  

090

Sen. Beyer

Asks if they currently have matrix.

095

Neil

Responds the number of words will change in each argument and be calculated by rule with a ratio of 325.

108

Sen. Fisher

Comments it is a hard process to gather signatures. Provides personal experience.

115

Sen. Beyer

MOTION:  Moves to ADOPT the SB 139-5 amendments dated      6/25/03.

120

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

125

Sen. Beyer

MOTION:  Moves SB 139 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

145

 

VOTE:  4-2

AYE:            4 - Co-chair Brown, Sen. Burdick, Sen. Corcoran, Sen. Beyer

NAY:            2 - Sen. Atkinson, Sen. Fisher

 

Co-chair Brown

The motion Carries.

141

Co-Chair Brown

Closes the work session on SB 139 and opens a work session on SB 920.

SB 920 – WORK SESSION

144

Judith Callens

Committee Administrator. Provides an overview of SB 920, which modifies land use planning requirements for metropolitan service district. Presents -4 amendments dated 7/29/03 (EXHIBIT B).

155

Co-chair Brown

Asks if there are any outstanding issues with the amendments.

160

Callens

Responds yes there are concerns.

165

Steve Kafoury

Oregon Chapter of the American Planning Association. Notes to defer comments until after Linda Ludwig speaks on the amendments. 

168

Doug Riggs

Metro. Comments on concerns raised in -3 amendments which have been included in the -4 amendments. Claims Metro does not believe this provision will have any impact on what changes impact. Notes LCDC will be the body to determine whether or not they choose to review the applications. Feels amendments proposed in -3 and -4 will provide a more flexible and efficient review process. Adds nothing in   -3 or -4 amendments make any changes in the rules and laws as it applies to urban growth boundary amendment changes for the metro area. Presents -3 amendments dated 7/23/03 (EXHIBIT C).

190

Sen. Burdick

Expresses appreciation of explanation addressing concerns.

198

Linda Ludwig

League of Oregon Cities. Clarifies a portion of the bill that had concerns. Explains purpose of the bill.

218

Nan Evans

Interim Director, Department of Land Conservation and Development (DLCD). Speaks on dealing with budget concerns. Recognizes if there is state interest in bringing local jurisdiction into the periodic review process there should be state responsibility to help local jurisdiction with fiscal impacts. Discusses workgroup discussions where the language of the bill allowed use of existing grant program and to negotiate with local government on cost. Discusses language of the bill.

245

Ludwig

Clarifies it is unanticipated that the commission would bring on new tasks in year three or four. Discusses the provision. Explains cost.  Notes there is agreement within members of workgroup commission with language in -4 amendments and -5 amendments regarding cost. Presents -5 amendments dated 7/29/03 (EXHIBIT D).

270

Sen. Burdick

Discusses -2 amendments. Asks about the language. Presents -2 amendments dated 7/23/03 (EXHIBIT E).

276

Ludwig

Comments although intent was similar the language in -2 amendments may not get them there. States as result of the language that the commission would require a work task costing $500,000 and once they took factors into consideration they might offer $500,000 grant and require local government to complete that. Notes that was not the intent of discussion in workgroup and it was the -2 amendment language that made them hard to support.    

291

Sen. Burdick

Asks for further comments.

293

Randy Franke

Chair, Land Conservation Development Commission. Claims Ms. Ludwig and Director Evans’s language was consistent with his participation in the workgroup discussions.   

301

Steve Kafoury

Oregon Chapter, American Planning Association. Comments on discussion heard. Claims words are not stated clearly in the statute. Discusses courts opinions. Notes lawyers concerned with clarity of language and feel it needs to be drafted in a way the intent is unambiguous without a court battle.

334

Sen. Corcoran

Asks about response to recent discussion in workgroup.

343

Kafoury

Responds that there is not a problem. Suggests there is a advisory committee established in section 5 and with local government representation they can make recommendations as to what is realistic.

350

Sen. Beyer

MOTION:  Moves to ADOPT SB 920-4 amendments dated 7/29/03.

355

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

360

Sen. Beyer

MOTION:  Moves SB 920 to the floor with a DO PASS AS AMENDED recommendation.

365

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

 

Co-Chair Brown

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

383

Co-chair Brown

Closes the work session on SB 920 and opens a public hearing on HB 2341 A.

HB 2341 A – PUBLIC HEARING

391

Jessica Harris

Testifies in support of HB 2341 A. Provides a summary of the bill.

TAPE 109, A

005

Harris

Discusses the bill further. Refers to specific sections. Defines various sections.

080

Harris

Continues discussion. Claims goal is retain current law or make changes everyone agrees with. Refers to sections 235-835. Notes the streamline process is what the bill is about.

100

Co-chair Brown

Asks who was in the workgroup.

103

Harris

Responds the list is lengthy with over two hundred people.

120

Sen. Burdick

Asks if the City of Tigard is on the list.

125

Co-chair Brown

Comments having a copy of the email list to look up City of Keizer.

130

Dugan Petty

Deputy Administrator, Department of Administrative Services. Supports HB 2341 A. Submits written testimony (EXHIBIT F).

135

Jon Oshel

County Road Program Manager, Association of Oregon Counties. Supports HB 2341 A and is very pleased with the process and outcome.

145

William Nessly

Assistant Attorney General, Business Transaction Section, Oregon Department of Justice. Claims available for any technical questions.  

151

Sandra Bishop

Fair Competition Alliance. Testifies in opposition of HB 2341 A. Discusses problems and abuses. States contracts are valued at $60 million. Notes there is a lot to look at on the bill and has not had time to read the bill and incorporate amendment. Provides background of the bill. States problem areas. Explains why there are so many concerns. Believes this bill changes premises to which public contracting in the state has always been based. Refers to policy statement in the new bill with socioeconomic programs.

280

Bishop

Claims there are a lot of legal ramifications. Notes there has never been a protest procedure for some contracts but at same time limitations in judicial review. Refers to section 12 of the bill that is questionable. Discusses Department of Administrative Services (DAS). States this is one of the most significant bills to be considered this session. Notes the bill repeals the entire public contracting code of Oregon with exception of products of disabled services. Adds this is not amending contracting laws. Urges time to review amendments.

340

Ken Cropper

Political Organizer, Service Employees International Union (SEIU). Testifies in opposition of HB 2341 A. Discusses a current lawsuit SEIU involved in. Expresses interest in a rewrite. Claims to have information from the Oregonian about the issue. Submits written material (EXHIBIT G).

388

Sen. Corcoran

Asks if participated in the workgroup.

390

Nessly

Responds yes as well as other groups.  

400

Sen. Corcoran

Asks about language written to address court cases.

405

Nessly

Responds involved in a specific case. Claims cannot see how amendments in the bill would have anything to assist or detract from the defense of that case.

415

Sen. Corcoran

Asks whether there were discussions regarding the cases in the groups.

420

Nessly

Responds does not recall.

TAPE 108, B

005

Sen. Corcoran

Asks about being involved in the drafting and having had to understand intent of the interim committee to do the drafting if there are sustentative changes to existing language Ms. Bishop is concerned with.

007

Nessly

Responds cannot find a sustentative change that would work in the way the Qualified Rehabilitation Facility (QRF) Law operates today. 

010

Sen. Corcoran

Asks for insight on sentence previously read regarding socioeconomic language.

012

Nessly

Discusses sustentative program needs of socioeconomic program through contracting process.

020

Doug McCain

Legislative Counsel. Discusses the language. States does not have any more information other than what Mr. Nessley offered.

030

Sen. Beyer

Asks about section 3 comparing to current law and policy statements.

035

Nessly

Responds there are two lengthy current law policies. Claims laws are a little different in the law being proposed today as compared to previous law.

050

Dana Anderson

Assistant Attorney General, Business Transaction Section. Provided drafts of policy statements to committees working on legislation. Discusses where verbiage came from. Points out needing to identify rules and policies implementing mandate.

075

Nan Heim

Oregon Rehabilitation Association. Testifies in support of HB 2341 A. Points out key areas of the bill. Believes the bill does not significantly change law in any way. Discusses abuses previously discussed. Feels the bill should stay in place.

100

Sen. Beyer

Asks whether there are other amendments coming.

105

Jessica Harris

Responds yes. Claims waiting on conflict amendments to resolve other bills passed which may be available on Monday.

110

Sen. Beyer

Expresses appreciation for the work done on the bill. Notes HB 3646 will not be heard. Closes the public hearing on HB 2341 A and adjourns the committee at 3:00 PM.

 

 

EXHIBIT SUMMARY

 

A – SB 139, -5 amendments dated 6/25/03, staff, 12 pp

B – SB 920, -4 amendments dated 7/29/03, staff, 2 pp

C – SB 920, -3 amendments dated 7/23/03, staff, 1 p

D – SB 920, -5 amendments dated 7/29/03, staff, 2 pp

E – SB 920, -2 amendments dated 7/23/03, staff, 2 pp

F – HB 2341 A, written testimony, Dugan Petty, 2 pp

G – HB 2341 A, written material, Ken Cropper, 3 pp