SENATE COMMITTEE ON RULES

 

 

August  20, 2003                                                                                                     Hearing Room B

10:00 AM                                                                                                                            Tape 121

 

MEMBERS PRESENT:         Sen. Roger Beyer, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Bill Fisher

 

MEMBER EXCUSED:          Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURES HEARD:                       HB 2825 A – 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 121, A

005

Co-chair Beyer

Calls the meeting to order at 10:07 AM. Opens a work session on HB 2825 A.  

008

Sen. Atkinson

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote by which HB 2825 A was sent to the floor. 

010

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran, Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

013

Sen. Atkinson

MOTION:  Moves to RECONSIDER the vote by which HB 2825 A was sent to the floor with a do pass as amended recommendation rescinding the subsequent referral to the committee on Ways and Means.

016

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran, Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

018

Sen. Beyer

States at the previous meeting the committee approved two amendments to the bill which need to be removed and replaced with a new amendment.

021

Sen. Atkinson

MOTION:  Moves to RECONSIDER the vote by which the -A4 and -A5 amendments to HB 2825 A were approved.

025

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran,  Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

028

Sen. Atkinson

MOTION:  Moves to ADOPT HB 2825 A–A7 amendments dated  8/19/03 (EXHIBIT A).     

030

Sen. Fisher

Asks for an explanation on the importance of costing people a lot of money for over a month.  

032

Sen. Atkinson

Asks if the motion replaces the -A4 & -A5 amendments with the -A7 amendments.

034

Co-chair Beyer

Responds the –A7 amendments have been moved but the motion has not been voted on yet.

036

Sen. Burdick

Asks about the amendment removed to change the deadlines for nominees to be on the ballot. 

038

Co-chair Beyer

Responds that is part of this amendment.

039

Sen. Burdick

Asks if it is in the exact form.

040

Co-chair Beyer

Responds yes.

042

Debra Buchanan

Department of Revenue. Comments the importance in the tax return processing system that there is a uniform process through the season. Explains an election in March would mean processing returns would need to be delayed until after the election. Discusses timelines.

048

Sen. Fisher

Expresses confusion on whether this is something that is retroactive or would change the amounts on returns. Asks what is burdensome about running this through.

050

Buchanan

Responds the surcharge or temporary assessment is applicable to the 2003 tax year so returns will be filed at the beginning of 2004 with the election if approved and adopted in 2004. Claims some returns will be filed before the election not knowing whether a surcharge would be involved.  

057

Sen. Burdick

Asks how many signatures it takes to get a measure on the ballot. Asks what the timeline is.

060

Fred Neil

Secretary of State’s Office, Elections Division. Responds it takes 4% of number of electors having voted for Governor. Claims the number is 50,420 active Oregon electors to sign a petition with signatures needing to be submitted by 90th day after legislature adjourns Sine Die. Notes a process cannot be started until then other than legislation through these amendments allowing to begin the process early.  

070

Sen. Burdick

Claims this is a referendum without a big load of initiatives. Asks what the timeline is for validating signatures.

074

Neil

Responds there is up to thirty days. Elaborates on timelines being possible in seven days with a single petition.

085

Sen. Burdick

Asks if anticipating fifteen days.

086

Neil

Responds seven days.

087

Sen. Burdick

Asks what the process is for doing a referendum. Asks if the ninety days starts when the Governor signs the measure.

090

Neil

Responds a circulator can file a petition as soon as the Legislature has adopted it. Notes it is not an enactment or act unless the Governor signed it or allowed it to become law without his signature. 

096

Sen. Burdick

Asks when the ninety days starts.

106

Neil

Responds at Sine Die.

107

Sen. Brown

Asks if an election date is not set if it would be November 2004.

108

Neil

Responds correct.

110

Sen. Brown

Asks if the election could be set earlier after adjourning.

114

Neil

Refers to the Constitution, Article 4, Section 1. Feels the assembly could come back in a special session and order it at an earlier date. Notes the issue is whether enough time is allowed to draft an explanatory statement, fiscal impact and ballot title if having an election later than February 3 makes Department of Revenue ability to function with multiple versions of tax returns for 2003 livable.  

130

Sen. Brown

Asks if coming back to session to set a special election date would take leadership of both houses to agree.

134

Neil

Responds also the Governor.

135

Co-chair Beyer

Feels majority of members from each body with or without leadership can call themselves into session.

137

Sen. Brown

Assumes in order for a bill to pass setting a special election date you would have to have leadership due to the way the process works during special sessions.

152

Sen. Fisher

Asks if Labor Day is considered a weekday according to the statement of days.

155

Neil

Responds it is considered a weekday.

158

Sen. Burdick

Comments it is irrelevant in terms of the timeline for gathering signatures when the Governor signs it. Asks when the ninety days starts.

160

Neil

Responds the petitions may not circulate until the Governor has signed or it has become law without his signature.

161

Co-chair Beyer

Asks whether all the signatures have to be turned in by the 90th day.  

162

Neil

Responds correct. Claims the deadline does not change.

165

Co-chair Beyer

Asks if a petitioner may only have forty-five days to submit a petition if the Governor waits to the end.

168

Neil

Responds that is correct.

175

 

VOTE:  4-1-1

AYE:            4 - Co-chair Beyer, Sen. Brown, Sen. Atkinson, Sen. Fisher

NAY:            1 - Sen. Burdick

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Beyer

The motion Carries.

178

Sen. Brown

MOTION:  Moves HB 2825 A to the floor with a DO PASS AS AMENDED recommendation and request the President to rescind the referral to the committee on Ways and Means.

180

 

VOTE:  4-1-1

AYE:            4 – Co-chair Beyer, Sen. Brown, Sen. Atkinson, Sen. Fisher

NAY:            1 - Sen. Burdick

EXCUSED:  1 - Sen. Corcoran

 

Co-chair Beyer

The motion Carries.

SEN. BROWN will lead discussion on the floor.

178

Co-chair Beyer

Closes the work session on HB 2825 A. Adjourns the meeting at 10:21 AM.

 

 

EXHIBIT SUMMARY

 

A – HB 2825, -A7 amendments dated 8/19/03, staff, 6 pp