SENATE COMMITTEE ON RULES

 

 

August 21, 2003                                                                                                      Hearing Room B

1:30 PM                                                                                                                    Tapes 124 - 127

 

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

Sen. Roger Beyer, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

MEMBER EXCUSED:          Sen. Ginny Burdick, Vice-chair

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURES HEARD:                       SJM 7 – Public Hearing

SB 941 – Public Hearing

HB 3666 – Public Hearing and Work Session

HB 2899B – 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 124, A 

005

Co-chair Brown

Calls meeting to order at 1:30 p.m.  Opens public hearing on SJM 7.

SJM 7 – PUBLIC HEARING

010

Jim Stembridge

Committee Administrator.  Presents overview of SJM 7, which urges United States Congress to pass Senate Bill 1552 to correct provisions of USA Patriot Act.

015

Sen. Vicki Walker

District 7.  Testifies in support of SJM 7.  Discusses concerns of Oregonians over impact on civil liberties by the Patriot Act.

040

Rep. Floyd Prozanski

District 8.  Testifies in support of SJM 7.  Discusses constitutional rights both at the federal level and under the Oregon constitution.

070

Co-chair Brown

Closes public hearing on SJM 7.  Opens public hearing on SB 941.

SB 941 – PUBLIC HEARING

073

Jim Stembridge

Committee Administrator.  Presents overview of SB 941, which requires state government to consider using open source software when acquiring new software.

075

Rep. Phil Barnhart

District 11.  Testifies in support of SB 941.  Describes policy intent of measure, to require state agencies to consider open-source software.  Discusses proposed amendments.  Explains advantages, including security and availability.

150

Sen. Corcoran

Asks about use of the Unix computer system.

152

Rep. Barnhart

Explains use of Linux computer system.

155

Sen. Corcoran

Asks about communication between different systems.

179

Rep. Barnhart

Discusses interaction of word processing systems and formatting features.

220

Ken Barber

Eugene, Oregon.  Testifies in support of SB 941.  Refutes statements by opponents.  Explains that Department of Administrative Services (DAS) drafted the measure.  Submits written testimony (EXHIBIT A).

260

David Pool

Multnomah County.  Discusses positive aspects of open source software:

·       Savings to state

·       Security

·       Economic development opportunities

Submits written report “The Inevitability of Failure,” regarding security from National Security Agency (EXHIBIT B).  Reads from report.  Submits report to the President regarding Developing Open Source Software (EXHIBIT C).  Submits report on Use of Open Source Software in Department of Defense (EXHIBIT D).

**Note:  Tape 124, A faulty.  Continue with tape 125, A.

TAPE 125, A

005

Pool

Continues.  Suggests it is a common-sense solution that the state would consider software which costs nothing.

015

Michael Papadopoulos

Corvallis.  Testifies in support of SB 941.  Submits written testimony (EXHIBIT E).

045

Ben Barrett

Eugene.  Testifies in support of SB 941.  Offers to answer questions.

065

Cooper Stevenson

Benton County, business owner.  Testifies in support of SB 941.  Discusses history of SB 941.  Describes his experience with open source software.  Submits CD-ROM demonstration (EXHIBIT F).

150

Stevenson

Continues.  Discusses opposition to the measure, and provides rebuttal.

245

Cindy Becker

Assistant Director, DAS.  Testifies as neutral and clarifies DAS’s role in investigating and using open source software.

270

Jim Craven

American Electronics Association (AEA).  Testifies in opposition to SB 941.  Explains AEA has no position on open source software.  Discusses development of open source software market in Oregon.  Suggests SB 941 is not necessary.

310

Sen. Corcoran

Points out the problem to be addressed is the high cost of purchasing and maintaining computer software systems.

320

Craven

Responds current statute allows agencies to use open source software, and there are differing opinions whether it is more cost-effective.  Submits written testimony (EXHIBIT G).  Explains the term is not yet defined.  Suggests the Joint Interim Legislative Committee on Information Technology (JLCI&T) consider the issue.

430

Sen. Corcoran

Asks about programmers being disciplined or terminated for pursuing use of open source software.

440

Becker

Offers to review agency policies and actions, and return information to the committee.

450

Sen. Fisher

Inquires whether open source software use would allow constituents to have better access to state websites, and allow agencies better communication with each other.

475

Craven

Defers to Legislative Administration staff.

TAPE 126, A

020

Becker

Responds and discusses problems with interoperability between state agency computer systems.  Describes open source software as one tool to be considered.

The following prepared testimony is submitted for the record without public testimony for SB 941:

 

Ed Black

Submits written testimony (EXHIBIT H).

040

Co-chair Brown

Closes public hearing on SB 941.  Opens public hearing on HB 3666.

HB 3666 – PUBLIC HEARING

045

Jim Stembridge

Committee Administrator.  Presents overview of HB 3666, which specifies that person who successfully solicits sale or purchase of security in violation of securities laws or by means of untrue statement or omission may be liable for damages in action brought under securities laws.

053

Scott Shorr

Attorney.  Testifies in support of HB 3666.  Submits written testimony (EXHIBIT I).  Explains changes needed to SB 609 (2003).  Testifies in support of -4 amendments dated 8-21-03 (EXHIBIT J).

070

Sen. Atkinson

Asks about the problem to be addressed.

075

Joe Arellano

Attorney.  Testifies in support of HB 3666.  Explains unintended consequences of SB 609 (2003), including changes to liability for participants in fraudulent securities transactions.

085

Andrew Morrow

Attorney.  Testifies in support of HB 3666.  Offers to answer questions.

088

Sen. Corcoran

Asks about opposition.

090

Co-chair Brown

Explains there is none.

092

Sen. Fisher

Asks for explanation of amendments.

094

Co-chair Brown

Clarifies only the -4 amendments are being considered.

096

Morrow

Affirms.

105

Michael Esler

Attorney.  Testifies in support of HB 3666 with the -4 amendments.

110

Kate Richardson

Oregon State Treasury.  Testifies as neutral on HB 3666.  Discusses -3 amendments dated 8-21-03 (EXHIBIT K).  Submits written testimony of Treasurer Randall Edwards (EXHIBIT L).  Discusses Treasurer’s need for status as lead plaintiff in class action lawsuits.  Advises there is no opposition to the amendment.

150

Jim Craven

American Electronics Association (AEA).  Testifies in support of HB 3666 with -4 amendments.

175

Co-chair Brown

Closes public hearing on HB 3666.  Opens work session on HB 3666.

HB 3666 – WORK SESSION

180

Sen. Beyer

MOTION:  Moves to ADOPT HB 3666-4 amendments dated 8/21/03.

 

 

VOTE:  5-0

EXCUSED:  1 – Burdick

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

185

Sen. Corcoran

MOTION:  Moves HB 3666 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0

EXCUSED:  2 - Beyer, Burdick

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

190

Co-chair Brown

Closes work session on HB 3666.  Opens public hearing on HB 2899B.

HB 2899B – PUBLIC HEARING

195

Rob Douglas

Columbia River Steamship Operators Association; Maritime Fire and Safety Association.  Testifies in support of HB 2899B, which relates to the environment.  Submits written testimony (EXHIBIT M).  Provides background on spill response program.  Requests change in the fee schedule for dredge vessels.

230

Sen. Atkinson

Clarifies the amendment number in question.

235

Douglas

Confirms he is advocating for the –B8 amendments dated 8-19-03 (EXHIBIT N).

260

Nick Coffey

Wetland consultant.  Testifies in support of HB 2899B.  Discusses ways the Division of State Lands (DSL) handles wetlands.  Describes wetland mitigation banking. 

290

Dick Novitzki

Consultant, hydrologist, wetland scientist.  Testifies in support of HB 2899B without amendments.  Explains wetland mitigation for unavoidable wetland impacts, and mitigation banking.  Explains private funding of the process.  Suggests improvements to process.

395

Sen. Fisher

Expresses concerns over DSL actions.  Discusses list of functional attributes of wetlands.

415

Novitzki

Responds the mitigation banking process has operated reasonably well, but there is room for improvement.  Discusses functions of wetlands versus societal value.

450

Coffey

Provides background of DSL committee to quantify functional attributes of wetlands, and ways to mitigate.

480

Sen. Fisher

Asks about limiting the list of functional attributes.

TAPE 125, B

030

Phil Scoles

Terra Science, Inc.  Discusses preference for dropping the definition of functional attributes from the bill due to ambiguity.  Submits written testimony (EXHIBIT O).

045

Sen. Fisher

Expresses concerns over DSL changing parameters of projects.

060

Scoles

Discusses defining terms in administrative rule rather than statute.

085

Scoles

Summarizes and reiterates advantages of mitigation banking.


 

095

Sen. Fisher

Asks about location of mitigation banks in Willamette Valley versus other areas.

105

Scoles

Discusses location and costs of mitigation banks in Oregon.  Explains needs in areas other than the Willamette Valley.

140

Chris Bayham

Association of Oregon Counties (AOC); Oregon Association of County Engineers and Surveyors (OACES).  Testifies in support HB 2899B without amendments.  Expresses support for shortened timelines for permanent processing and for encouragement of development and implementation of mitigation banks.

155

Ross Day

Oregonians in Action (OIA).  Testifies in support of HB 2899B only if amended.  Suggests clarifying definition of functional values.  Discusses agricultural exemption from removal-fill laws.  Supports sections involving dredging.

195

Vice-chair Atkinson

Closes public hearing on HB 2899B.  Reopens public hearing on
SJM 7.

SJM 7 – PUBLIC HEARING

205

Eddie Zawaski

Testifies in support of SJM 7.  Submits written testimony
(EXHIBIT P).  Discusses constitutionality of USA Patriot Act.

255

Hope Marston

Eugene.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT Q).  Shows 950 pages of signatures gathered in support of the resolution.  Discusses growing support of federal SB 1552, which amends the USA Patriot Act.

380

Brian Michaels

Attorney; Lane County Bill of Rights Defense Committee.  Testifies in support of SJM 7.  Discusses balance between civil rights and national security interests.

TAPE 126, B

025

Sen. Fisher

Comments on need to preserve personal freedoms and constitutional rights.

060

Kristen Magis

Silverton, Oregon.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT R).

110

Allyn Kaelin Bowers

Portland Bill of Rights Defense Committee.  Testifies in support of SJM 7.

155

Jeanne Raymond

Benton County Bill of Rights Defense Committee.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT S).Discusses broad base of support for the resolution.

200

Michi Okuda

Eugene, Oregon.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT T).  Explains measures to censor her own activities.  Recalls treatment of Japanese Americans during WWII. 

300

John Hock

Washington County Bill of Rights Defense Committee.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT U).  Discusses broad support amount county residents.

360

Andrea Meyer

American Civil Liberties Union (ACLU).    Testifies in support of SJM 7.  Submits written materials (EXHIBITS V, W).  Discusses support for federal SB 1552.

TAPE 127, A

030

Thomas Lifschutz

Portland, Oregon.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT X).  Suggests Oregonians should be willing to take a risk to protect constitutional rights.

050

Michael Papadopoulos

Corvallis, Oregon.  Testifies in support of SJM 7.  Submits written materials (EXHIBITS Y, Z).  Discusses issue of journalists and librarians persecuted under the Patriot Act.

085

Michael Slocum

Gaston City Councilperson.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT AA).  Discusses concerns of citizens in small towns over powers granted to the federal government by the Patriot Act.

105

Steve Esses

Salem, Oregon.  Testifies in support of SJM 7.  Refers to writings of
J. Edgar Hoover rejecting the idea of a national police force.

150

Lisa Melyan

Washington County, Oregon;  Tualatin Valley Water District Commissioner.  Testifies in support of SJM 7.  Submits written testimony (EXHIBIT BB).  Explains concerns of utility sector and the increased costs of assessment and evaluation under the law.

The following prepared testimony is submitted for the record without public testimony for SJM 7:

 

Josanne Breeding

Submits written testimony (EXHIBIT CC).

 

Alan DeWitt

Submits written testimony (EXHIBIT DD).

 

Mark Hurwit

Submits written testimony (EXHIBIT EE).

 

Colleen Llywelyn

Submits written testimony (EXHIBIT FF).

 

Craig Manville

Submits written testimony (EXHIBIT GG).

 

Amy Pincus Merwin

Submits written testimony (EXHIBIT HH).

 

Gail M. Parker

Submits written testimony (EXHIBIT II).

 

Bonnie Richman

Submits written testimony (EXHIBIT JJ).

 

M. Brooke Robertshaw

Submits written testimony (EXHIBIT KK).

 

Melanie Zermer

Submits written testimony (EXHIBIT LL).

 

Staff

Submits written testimony emailed to the committee (EXHIBIT MM).

195

Co-chair Brown

Closes public hearing on SJM 7.  Opens work session on HB 3666.

HB 3666 – WORK SESSION

200

Co-chair Brown

Closes work session on HB 3666.  Recesses the committee at 4:15 p.m.

**************************

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

210

Co-chair Beyer

Reconvenes the committee at 4:30 p.m.  Opens work session on HB 2899B.

HB 2899B – WORK SESSION

215

Judith Callens

Committee Administrator.  Clarifies the committee will consider HB 2899B with –B8 amendments dated 8-19-03 (EXHIBIT N).

220

Sen. Fisher

MOTION:  Moves to ADOPT HB 2899B-8 amendments dated 8/19/03.

 

 

VOTE:  4-0

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

230

Sen. Fisher

MOTION:  Moves HB 2899B to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

235

Co-chair Beyer

Advises the bill will probably go to conference committee.

245

Co-chair Beyer

Closes work session on HB 2899B.  Adjourns the committee at
4:35 p.m.

 


 

EXHIBIT SUMMARY

 

A – SB 941, written testimony, Ken Barber, 2 pp

B – SB 941, report “The Inevitability of Failure,” David Pool, 12 pp

C – SB 941, report “Developing Open Source Software,” David Pool, 28 pp

D – SB 941, report “Use of Free and Open-Source Software,” David Pool, 168 pp

E – SB 941, written testimony, Michael Papadopoulos, 1 p

F – SB 941, CD-ROM “The Open Source Impact,” Cooper Stevenson, CD-ROM

G – SB 941, written testimony, Jim Craven, 10 pp

H – SB 941, written testimony, Ed Black, 2 pp

I – HB 3666, written testimony, Scott Shorr, 2 pp

J – HB 3666, -4 amendments (8-21-03), staff, 1 p

K – HB 3666, -3 amendments (8-21-03), staff, 3 pp

L – HB 3666, written testimony of Treasurer Randall Edwards, Kate Richardson, 2 pp

M – HB 2899B, written testimony, Rob Douglas, 1 p

N – HB 2899B, -B8 amendments (8-19-03), staff, 1 p

O – HB 2899B, written testimony, Phil Scoles, 2 pp

P – SJM 7, written testimony, Eddie Zawaski, 1 p

Q – SJM 7, written testimony, Hope Marston, 4 pp

R – SJM 7, written testimony, Kristen Magis, 2 pp

S – SJM 7, written testimony, Jeanne Raymond, 2 pp

T – SJM 7, written testimony, Michi Okuda, 2 pp

U – SJM 7, written testimony, John Hock, 1 p

V – SJM 7, news release, Andrea Meyer, 12 pp

W – SJM 7, news release, Andrea Meyer, 4 pp

X – SJM 7, written testimony, Thomas Lifschutz, 1 p

Y – SJM 7, written testimony, Michael Papadopoulos, 1 p

Z – SJM 7, comments of John Ashcroft, Michael Papadopoulos, 2 pp

AA – SJM 7, written testimony, Michael Slocum, 4 pp

BB – SJM 7, written testimony, Lisa Melyan, 1 p

CC – SJM 7, written testimony, Josanne Breeding, 2 pp

DD – SJM 7, written testimony, Alan DeWitt, 1 p

EE – SJM 7, written testimony, Mark Hurwit, 1 p

FF – SJM 7, written testimony, Colleen Llywelyn, 1 p

GG – SJM 7, written testimony, Craig Manville, 1 p

HH – SJM 7, written testimony, Amy Pincus Merwin, 1 p

II – SJM 7, written testimony, Gail Parker, 1 p

JJ – SJM 7, written testimony, Bonnie Richman, 1 p

KK – SJM 7, written testimony, M. Brooke Robertshaw, 1 p

LL – SJM 7, written testimony, Melanie Zermer, 1 p

MM – SJM 7, written testimony emailed to committee, staff, 68 pp