SENATE COMMITTEE ON RULES

 

 

August  25, 2003                                                                                                     Hearing Room B

4:15 PM                                                                                                                      Tapes 131-132

 

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

Sen. Roger Beyer, Co-chair 

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURES HEARD:                       SB 141 – Work Session

                                                HB 3023 B – Public Hearing and Work Session

                                                SJR 12 – Work Session

                                                Executive Appointments

                                                            Public Employees Retirement Board

                                                                        James Dalton

                                                                        Thomas Grimsley

                                                                        Eva Kripalani

                                                                        Michael Pittman                                   

                                                                        Brenda Rocklin

                                                            Fair Dismissal Appeals Board

                                                                        Mark Davalos

                                                                        Paul Duchin

                                                                        Patrick Neill

                                                                        Frank Brawner

                                                                        Karen Watters

                                                                        Peggy Penland

                                                            Oregon Economic & Community Development Commission

                                                                        Pamela Hulsey Andrews

                                                                        Walter Van Valkenburg

                                                            Workers’ Compensation Board

                                                                        Mustafa Kasubhai

                                                HB 2356 B – Public Hearing

 

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 131, A

005

Co-chair Beyer

Calls the meeting to order at 4:34 PM. Opens a work session on SB 141.

SB 141 – WORK SESSION

007

Rep. Jeff Merkley

Oregon State Representative, District 47. Claims the -5 amendments solves the conflicts. Presents -5 amendments dated 8/25/03 (EXHIBIT A).

011

Rep. Mary Nolan

Oregon State Representative, District 36. Asks for any questions.

013

Sen. Brown

Understands technical issues with one of the amendments.

017

Co-chair Beyer

Comments on changes in language in -5 amendments.

030

Ted Reutlinger

Legislative Counsel. Discusses the -5 amendments. Refers to page 23, line 21 for language changes. Refers to page 24, line 18 for language changes.

035

Co-chair Beyer

Asks for clarification on whether boldfacing on the language on page 25.

040

Reutlinger

Responds why the language is not boldfaced in section 11. Claims when language changed in section 10 it will also be fixed in section 11. Explains an additional language change on page 19, lines 22-24. Feels a new clause should be added on line 24.   

051

Co-chair Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of amending the -5 amendments.

055

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Corcoran

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

060

Sen. Brown

MOTION:  Moves to ADOPT SB 141-5 amendments dated 8/25/03 and that the measure be FURTHER AMENDED on page 19, line 24, by inserting "or the receipt by a public official or a relative of a public official of any item, regardless of value, that is expressly excluded from the definition of gift in ORS 244.020, subsection 8. " before ";" and on page 23, line 21, by changing "shall" to "may" and on page 24, line 18, by changing “shall” to “may”.

070

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

080

Sen. Burdick

MOTION:  Moves to ADOPT SB 141-5 amendments dated 8/25/03.

085

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

090

Sen. Burdick

MOTION:  Moves to ADOPT SB 141-4 amendments dated 8/23/03      (EXHIBIT B).

092

Co-chair Beyer

Asks what the purpose of the -4 amendments is.

093

Sen. Burdick

Explains the -4 amendments.

098

Co-chair Beyer

Asks for further clarification.  

100

Sen. Burdick

Claims work on the amendment was complicated.  

102

Co-chair Beyer

Asks if Sen. Burdick was aware the -5 amendments deleted the rest of SB 141.

105

Sen. Burdick

Responds correct. States the -4 amendments restore the one provision in section 1, subsection 4b.  

110

Reutlinger

Provides explanation of  the -4 amendments.  

120

Co-chair Beyer

Claims this is the “candy at a parade” amendment from March. Asks for clarification.  

132

John Lindback

Director of Elections, Secretary of State’s office. Discusses what the provision in the bill does. Explains campaigns. Claims there needs to be a dollar limit placed on items that can be given away. States there are no restrictions on throwing candy at a parade.

152

Co-chair Beyer

Asks what other things are being discussed. 

158

Lindback

Explains there is a list of inexpensive items the office has that can be given away free by campaigns. Describes the procedure of items being presented that are not on the list. Discusses investigating complaints that occur. Feels simpler for campaigns to follow if a monetary value limit is put in statute for people to follow.  

170

Co-chair Beyer

Recalls the bill. Clarifies reason the bill did not move forward previously is under the amendment a candidate could take dollar bills and write “vote for” on them and hand them out.

177

Lindback

Disagrees. Claims under the definition of undo influence it includes money as something you cannot give away.

180

Co-chair Beyer

Asks for the location of the definition in the bill.  

182

Lindback

Responds section 1 has the definition of undo influence.

183

Co-chair Beyer

Asks if Mr. Reutlinger agrees.

184

Reutlinger

Responds the definition of undo influence also covers other things of value.

186

Sen. Burdick

Comments on the language of a dollar.  

194

Lindback

Refers to line 7 of the bill.

198

Sen. Burdick

Claims other provisions were controversial in March but this one is different.  

206

Co-chair Beyer

Claims not knowing the amendment was being offered. Opposes the bill.

218

Sen. Fisher

Asks why this would not be a good idea.

220

Co-chair Beyer

Expresses concern with the language making it look fishy to the public.

225

 

VOTE:  3-3

AYE:            3 - Sen. Burdick, Sen. Corcoran, Sen. Brown

NAY:            3 - Sen. Atkinson, Sen. Fisher, Co-chair Beyer

 

Co-chair Beyer

The motion Fails.

230

Sen. Brown

MOTION:  Moves SB 141 to the floor with a DO PASS AS AMENDED recommendation.

240

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

248

Co-chair Beyer

Closes the work session on SB 141 and opens a public hearing on HB 3023 B. 

 

 

HB 3023 B – PUBLIC HEARING

266

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3023 B, which requires state agency to odder delinquent account to Department of Revenue or private collection agency not later than 90 days after specified occurrences. Presents –B6 amendments dated 8/20/03    (EXHIBIT C).

280

Matt Markee

Oregon Collectors Association. Testifies in support of HB 3023 B with the –B6 amendments. Explains the benefits of the bill. Submits written testimony (EXHIBIT D).

305

Jessica Stevens

SEIU Local 503, Oregon Public Employees Union (OPEU). Notes HB 3023 B is a good bill with –B6 amendments. Claims okay with the one year timeline. Discusses conflict areas:

  • Collection rates
  • Age of the accounts
  • Timeline of 90 days to limit the state in the collections process

346

Co-chair Beyer

Closes the public hearing on HB 3023 B and opens a work session on HB 3023 B.

HB 3023 B – WORK SESSION

350

Sen. Burdick

MOTION:  Moves to ADOPT HB 3023 B-B6 amendments dated 8/20/03.

355

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran, Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

360

Sen. Burdick

MOTION:  Moves HB 3023 B to the floor with a DO PASS AS AMENDED recommendation.

375

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran, Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

CO-CHAIR BEYER will lead discussion on the floor.

378

Co-chair Beyer

Closes the work session on HB 3023 B and opens a work session on SJR 12.

SJR 12 – WORK SESSION

380

Sen. Atkinson

MOTION:  Moves SJR 12 be sent to the floor with a BE ADOPTED recommendation.

383

Co-chair Beyer

Claims there are amendments.

385

Sen. Atkinson

Withdraws motion.

390

Sen. Atkinson

MOTION:  Moves to ADOPT SJR 12-2 amendments dated 8/20/03 (EXHIBIT E).

395

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Corcoran. Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

400

Sen. Atkinson

MOTION:  Moves SJR 12 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

405

 

VOTE:  4-0

EXCUSED:  2 - Sen. Corcoran. Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

407

Co-chair Beyer

Closes the work session on SJR 12 and opens a work session on executive appointments.

WORK SESSION

409

Jim Stembridge

Committee Administrator. Provides summary of qualifications of appointees.

TAPE 132, A

005

Sen. Brown

MOTION: Moves the appearances be waived and that the committee recommend the following appointments and reappointments be confirmed by the Senate, with multiple appointments made to a single board or commission to be considered en bloc:

PUBLIC EMPLOYEES RETIREMENT BOARD – APPOINTMENT OF JAMES DALTON, TOMAS GRIMSLEY, EVA KRIPALANI, MICHAEL PITTMAN AND BRENDA ROCKLIN (EXHIBIT F)

FAIR DISMISSAL APPEALS BOARD – APPOINTMENT OF PEGGY PENLAND AND KAREN WATTERS AND REAPPOINTMENT OF FRANK BRAWNER, MARK DAVALOS, PAUL DUCHIN, AND PATRICK NEILL  (EXHIBIT G)

OREGON ECONOMIC & COMMUNITY DEVELOPMENT COMMISSION – APPOINTMENT OF PAMELA HULSEY ANDREWS AND WALTER VAN VALKENBURG (EXHIBIT H)

015

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Corcoran

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

020

Sen. Brown

MOTION: Moves the appearances be waived and that the committee recommend the following appointments be confirmed by the Senate:

WORKERS’ COMPENSATION BOARD – APPOINTMENT OF MUSTAFA KASUBHAI  (EXHIBIT I)

015

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Corcoran

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

023

Co-chair Beyer

Closes the work session on Executive Appointments and opens a public hearing on HB 2356 B.

HB 2356 B – PUBLIC HEARING

029

Jim Stembridge

Committee Administrator. Provides an overview of HB 2356 B, which prohibits city with population of greater than 500,000 from acquiring property by condemnation if property belongs to electric company and acquisition is for purpose of providing electricity services.  Presents     –B17 amendments dated 8/21/03, -B18 amendments dated 8/21/03 and –B19 amendments dated 8/21/03 (EXHIBITS J-L).

033

Sen. Brown

Understood when the hearing was planned that consensus reached on two issues under Sen. Rick Metsger. Notes that is not true. Claims it is unlikely the bill will move forward.

041

Grieg Anderson

Portland General Electric (PGE)retiree. Testifies in a neutral position on HB 2356 B. Discusses three key points from testimony. Requests amendment distributed to be included in the bill. Submits written testimony (EXHIBIT M).

091

Sen. Brown

Asks if Mr. Anderson is currently retired.

092

Anderson

Responds yes, for five years.

095

Sen. Brown

Asks whether legal counsel has been consulted.

101

Anderson

Responds they are in conversation with legal counsel on the issue.  Claims many small issues do not get much consideration. Points out it is an out-of-pocket expense for any legal advice sought.

106

Sen. Burdick

Points out Mr. Anderson is one of the constituents in the situation. Feels the issue far from being done. Expresses appreciation in Mr. Anderson coming forward with a summary and amendments.    

119

Sen. Brown

Recesses the committee at 5:12 PM.

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

 

Sen. Brown

Reconvenes the committee at 5:15 PM.     

130

John DiLorenzo, Jr.

Attorney. Testifies in support of HB 2356 B. Discusses reasons why the House passed the bill. Points out they are advocating -B18 and        -B19 amendments. Discusses –B18, -B19 and -B17 amendments. Submits written testimony (EXHIBIT N).

211

Beth Vargas Duncan

Franchise Coordinator, City of Salem. Testifies in support of HB 2356 B. Claims not having seen the amendments. Notes City Council would support amendments in alignment with various concerns.  

250

Sen. Rick Metsger

Oregon State Senator, District 26. Claims the President asked him to bring people together on the issue in this bill. Notes it was decided there were such large issues it would be hard to cover them all accurately. Discusses three issues before the Legislature:

  • Resolution
  • The law intending payments be made was a consensus amendment needing to be adopted
  • A task force to address other issues in the –B12 amendment dated 8/20/03 (EXHIBIT O)

323

Marge Kafoury

Representing City of Portland. Discusses intent of -B17 amendments. Notes subsection 2 was added to -B17 amendments.  Notes this is the only amendment the City of Portland supports. 

373

Sen. Fisher

Asks how this amendment differs from the -B19 amendments.

381

Kafoury

Responds unclear of Mr. DiLorenzo’s intent on accomplishment. Comments it addresses in subsection 2 a different issue than addressed before.

396

Sen. Fisher

Expresses confusion as to the difference in subsection 2 of section 2.

TAPE 131, B

005

Kafoury

Responds it appears it is an attempt to say that there will be no expansion of condemnation authority to cities that does not exist under current statute or common law.  

006

Sen. Fisher

Asks about -B17 amendments of subsection 2.

007

Kafoury

Explains there would be no expansion of payments of franchise fees to jurisdictions that do not have the authority to impose franchise fees targeted at counties.

012

Jeff Bissonnette

Citizens Utility Board. Testifies in opposition of HB 2356 B. States took part in workgroup on condemnation issue. Notes engaging in the workgroup to try to find compromise discovering condemnation was not off the table for the company so did not see any point in continuing conversation.

025

Sen. Brown

Expresses concern if the City of Portland should condemn assets of PGE ratepayers outside of the city limits would not be protected with respect to rates. Asks for Mr. Bissonette’s perspective.

032

Bissonette

Responds rate payers are not worried about the City of Portland but worried about Enron. Notes PGE is still owned by Enron. Claims this is a different issue than issue of condemnation. States there is no direction at this point so keep options open.  

050

Sen. Brown

Inquires on protective alternatives for consumers outside of Portland in event Portland would condemn PGE.  

053

Bissonette

Claims were willing to live with the franchise fee payments and property tax payments. Discusses condemnation issues. Notes PGE has power to condemn outside of service territory.

072

Co-chair Beyer

Asks what CUB (Citizens Utility Board) is.

075

Bissonette

Responds it is a private, non-profit organization called Citizens Utility Board. Discusses nature of the business.   

082

Co-chair Beyer

Asks who Mr. Bissonette is referring to when saying residential ratepayers outside Portland are concerned with Enron.  

090

Bissonette

Responds their members and some of the residential ratepayers. 

101

Co-chair Beyer

Asks how many people living outside Portland have been spoken to about this issue.

104

Bissonette

Comments public presentations are done on a weekly basis. Notes does not have an exact figure but people are interested in the issue. Adds primary concern of residential ratepayers is making sure despite PGE’s fate that it is continued to remain a safe and reliable electricity system. 

122

Co-chair Beyer

Comments Mr. Bissonette does not speak for all residential rate payers outside Portland.

126

Sen. Fisher

Asks how many members are out there and how they can be represented if work is not done directly with them at all times.  

130

Bissonette

Comments there are fifty cities within the PGE service territory with concerns. Notes trying to address concerns. Comments will be looking at making sure consumers benefit from purchases of PGE. States  ratepayers are not well served with any options removed from the table at this time because of not knowing direction Enron is going so need to maintain all options.

164

Sen. Fisher

Asks where Mr. Bissonette was when Enron purchased.

171

Bissonette

Responds at the table involved in the negotiations putting a lot of demands on the purchase. Discusses why Enron purchased PGE. Explains why PGE was for sale.

184

Co-chair Beyer

Closes the public hearing on HB 2356. Adjourns the meeting at 5:48 PM.

 

 

EXHIBIT SUMMARY

 

A – SB 141, -5 amendments dated 8/25/03, staff, 26 pp

B – SB 141, -4 amendments dated 8/23/03, staff, 1 p

C – HB 3023 B, -B6 amendments dated 8/20/03, staff, 1 p

D – HB 3023 B, written testimony, Matt Markee, 2 pp

E – SJR 12, -2 amendments dated 8/20/03, staff, 2 pp

F – Public Employees Retirement Board, staff and Governor’s office, 26 pp

G – Fair Dismissal Appeals Board, staff and Governor’s office, 22 pp

H – Oregon Economic & Community Development Commission, staff and Governor’s office, 12 pp

I – Workers’ Compensation Board, staff and Governor’s office, 6 pp  

J – HB 2356 B, -B17 amendments dated 8/21/03, staff, 1 p

K – HB 2356 B, -B18 amendments dated 8/21/03, staff, 1 p

L – HB 2356 B, -B19 amendments dated 8/21/03, staff, 1 p

M – HB 2356 B, written testimony, Grieg Anderson, 2 pp

N – HB 2356 B, written testimony, John DiLorenzo, Jr. 5 pp

O – HB 2356 B, -B12 amendments dated 8/20/03, staff, 3 pp