SENATE COMMITTEE ON RULES

 

 

August  7,  2003                                                                                                      Hearing Room B

1:30 PM                                                                                                                     Tapes 112 -113

 

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

Sen. Bev Clarno, Co-Chair 

Sen. Ginny Burdick, Vice-Chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

MEMBER EXCUSED:          Sen. Jason Atkinson, Vice-Chair

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 3648 A – Public Hearing and Work Session

HCR 13 – Public Hearing and Work Session

HB 3646 – Work Session

HB 2341 A – Work Session

HB 3328 A- Work Session

SB 939 – Public Hearing and Work Session

HJM 10 – Work Session

Work Session – Consideration of legislative concepts for drafting and introduction

SB 915 – 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 112, A

005

Co-Chair Brown

Calls the meeting to order at 1:30 PM. Opens a public hearing on HB 3648 A.

HB 3648 A – PUBLIC HEARING

006

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3648 A, which eliminates prohibition on health care insurer establishing higher premiums for retired employees than premium established for officers and employees of local government.

008

Rep. Vic Backlund

Oregon State Representative, District 25. Claims this is an attempt to fix HB 2130. Discusses background of the bill. Explains differences between HB 2130 and HB 3648 A. Notes single retirees hurt by previous law.

040

Co-Chair Brown

Closes the public hearing on HB 3648 A and opens a work session on HB 3648 A.

 

 

HB 3648 A – WORK SESSION

045

Sen. Beyer

MOTION:  Moves HB 3648 A to the floor with a DO PASS recommendation.

050

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Burdick

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

060

Co-Chair Brown

Closes the work session on HB 3648 A and opens a public hearing on HCR 13.

HCR 13 – PUBLIC HEARING

065

Jim Stembridge

Committee Administrator. Provides an overview of HCR 13, which honors life of George Manley Joseph, former Chief Justice of Oregon Court of Appeals, 1930-2003.

065

Rep. Diane Rosenbaum

Oregon State Representative, District 42. Discusses the public service career of  George Joseph. Describes personal example of remarkable relationship with George Joseph.

085

Sen. Beyer

Closes the public hearing on HCR 13 and opens a work session on HCR 13.  

HCR 13 – WORK SESSION

090

Sen. Corcoran

MOTION:  Moves HCR 13 be sent to the floor with a BE ADOPTED recommendation.

095

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Burdick

 

Sen.  Beyer

Hearing no objection, declares the motion CARRIED.

CO-CHAIR BROWN will lead discussion on the floor.

093

Co-Chair Brown

Comments parties still working on SB 915 with additional amendments.

095

Co-Chair Brown

Closes the work session on HCR 13 and opens a work session on HB 3646. 

HB 3646 – WORK SESSION

100

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3646, which eliminates requirements that race days be allocated based on 1992 and 1993 calendar year allocations. Presents -3 amendments dated 7/31/03 (EXHIBIT A).          

105

Sen. Beyer

MOTION:  Moves to ADOPT HB 3646-3 amendments dated 7/31/03.              

110

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Burdick

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

112

Sen. Beyer

MOTION:  Moves HB 3646 to the floor with a DO PASS AS AMENDED recommendation.

115

 

VOTE:  5-0-1

EXCUSED:  2 - Sen. Atkinson, Sen. Burdick*

*(Aye vote recorded on tape 113A, counter # 115)

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

118

Co-Chair Brown

States awaiting amendments to HB 3328.

110

Co-Chair Brown

Closes the work session on HB 3646 and opens a work session on HB 2341 A.

HB 2341 A – WORK SESSION

115

Jan McComb

Committee Administrator. Provides an overview of HB 2341 A, which revises requirements and procedures for public contracting. Presents    –A13 amendments dated 8/7/03 (EXHIBIT B).

135

Sen. Fisher

Claims he has questions that need answers.

160

Sandra Bishop

Fair Competition Alliance (FCA). Discusses –A11 and –A10 amendments.  Addresses two concerns with language with –A11 amendments. Refers to various sections of the bill. Presents –A11 amendments dated 8/6/03 (EXHIBIT C) drafted by Sen. Fisher on behalf of FCA. Presents –A10 amendments dated 8/4/03 (EXHIBIT D).

235

Sen. Beyer

Clarifies summary of the –A11 amendments.

240

Bishop

Summarizes sections and changes. Discusses purpose of –A11 amendments.

265

Sen. Fisher

Asks for a definition of socioeconomic programs.

270

Doug McCain

Legislative Counsel. Responds the language came from model procurement code and the policy statement that precedes that code.  Claims not enough information to discuss meaning.

275

Sen. Fisher

Expresses concern with decision-making when a definition cannot even be defined.

300

Dana Anderson

Assistant Attorney General, Business Transaction Section. Provides definition of socio-economic programs in response to Sen. Fisher’s question. States mission of the policy statement.

305

Sen. Fisher

Asks if the Qualified Rehabilitation Facility (QRF) exemption to competitive bidding from pulling the disabled of socio-economic program.

310

Anderson

Responds if it exempts a certain group giving it a preference.

315

Sen. Fisher

Understands section amended out of bill and left alone. Asks if this is coming in to do something to that would effectively override deletion of QRF program.

325

Anderson

Responds no, but policy statement would require legislative mandate so it will need to be referenced.  

330

Sen. Fisher

Asks for assurance there is no intent  or language to change the interpretation on how products of disabled law are applied to public purchasing and procurements in Oregon.

340

Anderson

Responds there is nothing in policy statements that would have that effect.

343

Sen. Fisher

Claims the discussion is HB 2341, not policy statements. Asks if it is all considered a policy statement.

345

Anderson

Responds no.

350

McCain

Refers to sections in the bill in response to the question.  

370

Sen. Fisher

Refers to legal remedy section of HB 2341. Asks if they limit or restrict judicial reviews.

375

McCain

Responds there are different remedies. Refers to sections in the bill.

TAPE 113, A

010

Sen. Fisher

Clarifies have to go through agency process but still have access afterwards to the same judicial process as before so not denied an opportunity to go beyond agency itself and request for relief.  

017

McCain

Responds that is correct.

020

Sen. Fisher

Asks if any changes in legal remedy section of HB 2341 of proposed amendments limit or restrict existing judicial review. Claims according to answers it does not restrict but may require going through more process before getting to it. 

025

McCain

Responds that is correct. Refers to Section 86A. Claims the bill flushes out how judicial review happens and spell out more clearly filing information. States cannot say this does not change current law  because in many cases it is silent.

037

Sen. Fisher

Clarifies it does not restrict someone from going past the agency to the court system.

039

McCain

Responds correct.

040

Sen. Corcoran

Asks if -11 amendments are different from the bill itself in regard to judicial review. Asks if no change in rewrite then what are -11 amendments attempting to do.

048

McCain

Comments discussing information to Sandra Bishop of the amendments to Section 83, 86, 86A and -10 amendments. Claims language existed Ms Bishop’s clients did not like.  Discusses the amendments. Explains Section 83 and existing law and how it is not the same.

080

Sen. Fisher

Asks if the elimination of the QRF program and its separate laws have been removed, then are any areas contained in the bill as amended being circumvented.  

085

McCain

Responds does not think so. Claims under existing law 279 the QRF system is part of the whole public contracting method.  Notes QRF have been excluded and will be contracted for by local government in a  separate manner not under the code. Adds nothing in the amendments will change that. States judicial review in sections 83, 86, 86A will not apply to the QRF because they are not subject to the code.

095

Sen. Burdick

MOTION:  Moves to ADOPT HB 2341-A13 amendments dated 8/7/03.

100

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

105

Sen. Burdick

MOTION:  Moves HB 2341 to the floor with a DO PASS AS AMENDED recommendation.

110

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

112

Co-Chair Brown

Closes the work session on HB 2341 and reopens a work session on HB 3646.

HB 3646 – WORK SESSION

115

Sen. Beyer

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. BURDICK to BE RECORDED as voting AYE on the MOTION:  Moves HB 3646 to the floor with a DO PASS AS AMENDED recommendation.

120

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

125

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

132

Co-Chair Brown

Closes the work session on HB 3646 and opens a work session on HB 3328 A.

HB 3328 A – WORK SESSION

135

Jan  McComb

Committee Administrator. Provides an overview of HB 3328 A, which revises laws administered by Government Standards and Practices Commission (GSPC).  States work on drafting amendments is being done currently.  Presents –A7 amendments dated 7/30/03 (EXHIBIT E) and –A8 amendments dated 8/4/03 (EXHIBIT F).

150

Co-Chair Brown

Comments –A7 amendments were drafted so that fresh legislators could understand the laws better.

155

Dave Moss

Chair, GSPC. Discusses –A7 amendments. Discusses phases and investigator jobs.

175

Co-Chair Brown

Asks if comments have been passed to Legislative Counsel office.

178

Moss

Responds the time periods have been presented in written form to the administrator that took them to Legislative Counsel.  

191

Sen. Burdick

MOTION:  Moves to ADOPT HB 3328 A–A7 amendments dated 7/30/03.                      

195

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen Beyer

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

200

Sen. Burdick

MOTION:  Moves to ADOPT HB 3328 A-A8 amendments dated 8/4/03.

205

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Beyer

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

208

Co-Chair Brown

Claims awaiting other amendments from Legislative Counsel. Closes the work session on HB 3328 A and opens a public hearing on SB 939.

SB 939 – PUBLIC HEARING

210

Judith Callens

Committee Administrator. Provides an overview of SB 939, which modifies methodology for calculating system development charges and costs for which system development charges may be expended. Presents -1 amendments dated 8/7/03 (EXHIBIT G).

230

Jon Chandler

Testifies in support of SB 939. States this is a great bill with good legislation. Expresses thanks to members of the workgroup. States this has been a two way discussion for years. Describes changes. Discusses reimbursement and improvement fees. Discusses amendments. Explains cost of materials. Provides written testimony (EXHIBIT H).

350

Chandler

Continues discussion.

TAPE 112, B

005

Chandler

Discusses amendments further. Discusses adding projects to and from the list.

040

Chandler

Discusses effective dates. States he is proud of the bill.

045

Michelle Deister

League of Oregon Cities (LOC). Testifies in support of SB 939. Comments on reimbursement fees and what the changes provide.  Claims guidance provided to local governments while still allowing flexibility to accommodate considerations unique to the particular area. Adds opportunity to value the system reimbursed for. Discusses improvement fees. Voices concern, but feels language strikes good balance. Discusses compliance costs that are legitimate. Urges adoption of  -1 amendments. 

098

Greg Leo

City of Wilsonville. Questions the word “demonstrate”. Feels it needs to be replaced with the word “finds” instead.

110

Chandler

States the concern was discussed in the workgroup. Claims content with “demonstrates” word.

120

Deister

States does not understand concerns and look forward to discuss further with City of Wilsonville.

125

Co-Chair Brown

Recesses the meeting at 2:15 PM.     

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

130

Co-Chair Brown

Reconvenes the meeting at 2:25 PM.

132

Co-Chair Brown

Closes the public hearing on SB 939 and opens a work session on HJM 10.

HJM 10 – WORK SESSION

135

Jim Stembridge

Committee Administrator. Provides an overview of HJM 10, which requests Oregon Congressional Delegation to urge Congress to fund repairs to Port of Tillamook Bay jetties in federal fiscal year 2004.  

145

Sen. Beyer

MOTION: Moves to ADOPT HJM 10-2 amendments dated 7/31/03 (EXHIBIT I).

150

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

155

Sen. Beyer

MOTION:  Moves HJM 10 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

160

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. DUKES will lead discussion on the floor.

165

Co-Chair Brown

Closes the work session on HJM 10 and opens a work session for consideration of legislative concepts for drafting and introduction.

WORK SESSION

170

Jim Stembridge

Committee Administrator. Presents overview of legislative concept.

175

Sen. Beyer

MOTION: Moves legislative concept 1, submitted by staff, BE APPROVED FOR DRAFTING by Legislative Counsel and BE INTRODUCED as committee bills. (EXHIBIT J)

180

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

180

Co-Chair Brown

Discusses awaiting amendments on SB 915 and HB 3328. Recesses the meeting at 2:45 PM.

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

182

Co-Chair Brown

Reconvenes the meeting at 3:00 PM. Closes the work session for consideration of legislative concepts for drafting and introduction and re-opens the work session on SB 939.

SB 939 – WORK SESSION

185

Greg Leo

City of Wilsonville. Agrees the word “demonstrates” should not be removed. Comments this is a back and forth communication method between the credit applicant and government unit making the decision.

190

Sen. Beyer

MOTION:  Moves to ADOPT SB 939-1 amendments dated 8/7/03.

195

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

200

Sen. Beyer

MOTION:  Moves SB 939 to the floor with a DO PASS AS AMENDED recommendation.

205

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

208

Co-Chair Brown

Closes the work session on SB 939 and opens a work session on HB 3328 A. 

HB 3328 A – WORK SESSION

208

Dave Moss

Chair, Oregon Government Standards & Practices Commission (GSPC). Discusses amendments requested. Discusses timeframes. Refers to sections 5 & 6.

240

Sen. Fisher

Asks about a timeframe. 

242

Moss

Believes this will benefit people because the preliminary phase is when gathering initial information to see if there may be fire under the smoke. Claims it extends the period where things could be resolved.

250

Co-Chair Brown

Asks if this benefits the victim.

252

Moss

Responds yes.   

255

Sen. Beyer

Refers to page 10, line 45. Asks about ninety days. 

260

Moss

Responds there has been confusion because of it being in two places in the statute.

265

Sen. Burdick

Claims it is more than two places. Refers to page 11, line 8 and page 11, line 30.

270

Sen. Beyer

MOTION:  Moves to ADOPT HB 3328A-A9 amendments dated 8/7/03.  (EXHIBIT K)    

275

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

280

Sen. Beyer

MOTION:  Moves HB 3328 A to the floor with a DO PASS AS AMENDED recommendation.

285

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

310

Co-Chair Brown

Closes the work session on HB 3328 A. Recesses the meeting at 3:16 PM.

              ***********************RECESSS******************************

 

Co-Chair Brown

Reconvenes the meeting at 3:18 PM. Opens a work session on SB 915.

SB 915 – WORK SESSION

315

Rep. Billy Dalto

Oregon State Representative, District 21.  Testifies in support of the SB 915-5 amendments. Expresses concern with buffer zone in -6 amendments. Claims accepting of a one mile buffer. Presents -5 amendments dated 8/7/03 proposed by Department of Land Conservation and Development (DLCD) (EXHIBIT L) and -6 amendments dated 8/7/03 proposed by 1,000 Friends of Oregon (EXHIBIT M).

365

Sen. Corcoran

Asks about -5 and -6 amendments referring to county law enforcement facility that legally exists on the effective date.  Expresses concern with comment of Rep. Dalto that the conditional use permit expired.

374

Rep. Dalto

Responds it is a temporary permit that expired on July 1, but does not have a conditional permit.

375

Sen. Corcoran

Asks where they fit under restriction if not under the permit.

384

Rep. Dalto

Responds it is solved with -5 amendments in lines 2 through 5.

386

Sen. Corcoran

Clarifies the concern is if the temporary permit has expired then it is not currently lawful.

400

Rep. Dalto

Responds they can be removed at any time.

405

Sen. Corcoran

Discusses not wanting a land use claim after legislation done on the basis at the time this was enacted that the permit was outdated.  

413

Rep. Dalto

Notes seeing the point but at a loss not being an expert to answer the question.

415

Ron Eber

DLCD. Discusses the point is that they did get a lawful permit to go into existence

429

Sen. Corcoran

Comments on an example with a potential court battle with permit issue.

TAPE 113, B

005

Rep. Dalto

Suggests hand-engrossed language added to specify concerns.  

010

Sen. Beyer

Concerned with Sen. Corcoran’s point. Suggests adoption of the -6 amendments and amend a three mile buffer, move the bill forward and have issues addressed.

020

Sen. Beyer

MOTION: Moves to ADOPT SB 915-6 amendments dated 8/7/03.             

025

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

026

Rep. Dalto

Expresses interest in moving the  -5 amendments.

030

Co-Chair Brown

Comments that the amendment needs to get to the House and move forward.

040

Sen. Beyer

MOTION:  Moves SB 915 to the floor with a DO PASS AS AMENDED recommendation.

045

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

048

Co-Chair Brown

Closes the work session on SB 915. Adjourns the meeting at 3:30 PM.

 

EXHIBIT SUMMARY

 

A – HB 3646, -3 amendments dated 7/31/03, staff, 2 pp

B – HB 2341 A, -A13 amendments dated 8/7/03, staff, 64 pp

C – HB 2341 A, -A11 amendments dated 8/6/03, staff, 4 pp

D – HB 2341 A, -A10 amendments dated 8/4/03, staff, 64 pp

E – HB 3328 A, -A7 amendments dated 7/30/03, staff, 2 pp

F – HB 3328 A, -A8 amendments dated 8/4/03, staff, 5 pp

G – SB 939, -1 amendments dated 8/7/03, staff, 5 pp

H – SB 939, written testimony, Jon Chandler, 4 pp

I – HJM 10, -2 amendments dated 7/31/03, staff, 1 p

J – Legislative Concepts, memorandum, staff, 1 p

K – HB 3328 A, -A9 amendments dated 8/7/03, staff, 10 pp

L – SB 915, -5 amendments dated 8/7/03, staff, 2 pp

M – SB 915, -6 amendments dated 8/7/03, staff, 2 pp