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 speakers 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 DASs 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 Treasurers
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
PUBLIC HEARING |
||
|
205 |
Eddie Zawaski |
Testifies in support of SJM 7. Submits written testimony |
|
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 |
|
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 |
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