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 90^th 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 90^th 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