TAPE/#

Speaker

Comments

TAPE 34, A

003

Chair Kitts

Calls the meeting to order at approximately 4:10 p.m.

016

Reps. Greenlick, Dalto and Chair Kitts

Introduce themselves. 

034

Chair Kitts

Recognizes Rep. Greg Smith and thanks him for hosting the committee in Heppner. Explains Rep. Smith is Chair of the Subcommittee on Campaign Finance Reform.  Commends the community of Heppner for having the hard-working State Representative as their Representative. 

044

Rep. G. Smith

Introduces himself and comments on his service in the legislature.  Welcomes his wife and son, Alex.

069

Chair Kitts

Advises the audience of the statewide travel by the committee and thanks Mrs. Smith for providing refreshments for the committee. 

070

Chair Kitts

Opens a public hearing on HB 2583.

HB 2583 – PUBLIC HEARING

072

Cletus Moore

Committee Administrator.  Reads summary of HB 2583.

076

Bobbi Childers

Morrow County Clerk.  Comments that people sign the voter registration form saying they are a qualified elector in the state.  Asks if people would have to give their naturalization papers to someone of a political party during a registration drive or leave them in her office, and whether the documents would be open to anyone to look at.  States she does not necessarily oppose this but cautions the committee on how they follow through with it. 

106

Chair Kitts

Advises that the committee has heard pros and cons on this bill from around the state.  Asks Childers her opinion for requiring a driver license, which is one of the options, and a copy of a utility bill, check stub, bank statement or government document, instead of a birth certificate, passport or naturalization papers. 

136

Childers

Responds she believes that part could be changed and adds that not everyone has a driver license; some people have the state identification card and in the centralized voter registration system social security numbers and driver licenses will work.  Adds that she does not want to rely on the Department of Motor Vehicles and she does not want to ask the person for identification at her counter. 

151

Chair Kitts

Asks what if a person only had to prove who they are.

Childers

Responds that would work. 

Chair Kitts

Asks if they would not restrict it to a valid driver license if it said photo identification. 

Childers

Responds that the memorandum card goes to the place the person says they live.  If it is returned, that invalidates what the person says.

164

Chair Kitts

States his concern and the concern of those sponsoring the bill is to ensure those registering to vote are who they say they are and are legally able to vote. 

177

Childers

Comments that their office is closed noon to 1:00 p.m. and people are working.  Asks when the people could bring their birth certificates in.

Chair Kitts

Notes that they could use a photo copy of their birth certificate.

Childers

Responds they will not accept a photo copy of something like that because of the manipulations they could have. 

185

Rep. Greenlick

Reads the penalty stated on the registration card and asks if Childers thinks people notice the penalty statement.

Childers

Responds she does not know.  States that people who want to deceive are going to deceive. 

213

Chair Kitts

Asks Childers for her opinion on requiring proof of citizenship to get a driver license.

Childers

States the question that would have to be answered by DMV is whether they will have a space that says, “I am a legal alien.”  States she is not opposed to having some piece of registration—she just wants the committee to be very careful of what they are expected to maintain.

243

Chair Kitts

Asks if Childers has come across any people who signed the registration form that should not have signed the form during her time as county clerk.

Childers

Responds they have had people send them in without checking that they are a citizen.  They are sent a letter telling them they have not checked the box and asked if they are a citizen of the United States and thanking them for their interest.  States they usually do not see the person again.  They do not see people coming in and falsifying.

262

Rep. Dalto

Comments the committee has not heard about people at the voter registration drive collecting personal information such as a copy of a birth certificate or passport or naturalization papers.  States he would have confidence in handing the Morrow County Clerk’s office and hand them a photo copy of his citizenship knowing that they would do an effective job or protecting the information, but does not think the committee has explored this possibility at these registration drive. 

293

Rep. Greenlick

Comments it is clear to him that voting is a right and we need to make sure each has an easy opportunity to exercise that citizenship.  Driving is a privilege and believes we would have a problem if we suggest that someone has to have a driver license in order to be a voter. 

314

Kenneth W. Matlock

Morrow County Sheriff.  Comments that in the early 1970s, people from Mexico and other Hispanic people came for work.  States as a State Policeman he learned that many of the people that were coming here were purchasing false documents to become legitimized in the process of becoming citizens, but they were not.  In Hermiston in the early 80s because of the false documents people were complaining.  They were using primarily green cards and social security cards for identification purposes.  States the people at that time had no training in recognizing false documents.  States he was one of the few people at that time that could look at a green card or social security card and determine why it was false. They had been licensing thousands of people to get Oregon driver licenses. 

362

Matlock

States that if a person gets an Oregon driver license, they are legitimate in most places for most reasons for anything.  The significance of the license is a great idea because it is easily recognized and there is a process.  However, if there are not people determining the process of documentation that are trained, he is very concerned that we will fall into a trap.   Comments on changing positions and the loss of the program of training people.  States he knows they have different green cards now but the committee needs to be made aware that there has to be something built that the people that are looking at these documents are trained to know they are legitimate birth certificates from Mexico. 

406

Chair Kitts

Thanks Matlock for providing the false documents information.

417

Rep. Greenlick

Asks if Sheriff Matlock found that American citizens were using false documents to prove they were U. S. citizens—were the good guys or the bad guys using false documents.

421

Matlock

Responds that for the most part they were good people who were trying to get work and they could not get work if they could not drive. 

434

Rep. Greenlick

Asks if Matlock thinks U. S. Citizens are buying false documents to prove they are U. S. Citizens, or are the non-citizens buying the false documents.

Matlock

Responds that he has never seen a U. S. citizen use false documents to prove who they are. 

447

Rep. Greenlick

States the problem with false documents will not help American citizens get registered to vote.  If a U. S. citizen does not have a birth certificate, it is not likely they will get a forged birth certificate.

460

Matlock

Responds that he understands but he has great concern that the other element in our society that is growing would be a problem because of the false documentation on who they are, etc.

467

Rep. Greenlick

States the bad guys will have a false document and this law would not stop them.  But it will stop the good guys, the American citizen trying to exercise their right to vote if they happen not to have a birth certificate or passport.

472

Matlock

States if this was easy for the public to do, you will find people who are not interested in voting at all.  But if the process for becoming a registered voter is easy, it is just one more avenue that someone who is illegal to try to get benefits by the easy process. 

TAPE 35, A

029

Rep. Dalto

Comments there is a bill pending before the House Transportation Committee on a requirement to prove citizenship, but would imagine that would extend to legal status as well.  States he thinks Sheriff Matlock can add a lot to that discussion. 

039

Chair Kitts

Closes the public hearing on HB 2583 and opens a public hearing on HB 2551.

HB 2551 – PUBLIC HEARING

045

Cletus Moore

Committee Administrator.  Reads the summary of HB 2551.

050

Bobbi Childers

Morrow County Clerk.  Testifies in opposition to HB 2551.  States Morrow County has 1,500 registered voters and 7,400 plus that could be registered.  States she does not have the area to count the ballots on election day.  States she has 29 different kinds of ballots for the May election.  Marion County probably has 200 different kinds of ballots.  They must all be separated and checked.  Questions how they can get the work done by 8:00 p.m. on election day.  Believes that would be asking for problems like in Florida.

090

Chair Kitts

Asks what the legislature can do for the county clerks to allow them to process the ballots in the timeframe outlined in the bill.

106

Childers

Responds she does not see how it can happen.  Questions how Washington County with 268,000 registered voters and 223,218 voting could get the work done professionally and correctly and get the people trained and retained for the next election by 8:00 p.m. 

115

Chair Kitts

States the bill would require the county clerks to do something.  Asks Childers what the legislature would have to do or provide, whether it would be 10 extra people at the county clerk’s office, extra envelope openers.

Childers

Responds it would be all those things and extra space, people and money.

127

Chair Kitts

Asks Childers what it would take her, in her estimate, to make this happen—what would the cost be to the state.

Childers

Responds it would not cost the state.  It would cost her taxpayers.  States she has six people working 358 hours from two days before the election until two days after the election.  States she cannot envision how it could happen. 

153

Chair Kitts

Asks if it would be fair to the voter if we bumped back the 8:00 p.m. requirement to a later time so the ballots could be counted later.

Childers

Responds that they are there until 3:00 in the morning already.  States they have the Vote by Mail manual and it covers how the ballots will be handled. 

186

Rep. Holvey

HD 8.  Having arrived after introductions, introduces himself.  Comments that Childers is going along with all the other county clerks the committee has heard testify on this bill in agreeing, and he agrees also, that this bill is ludicrous, maybe idiotic, and a waste of money.

Childers

Responds that she tried not to put idiotic in there.  Believes this would be an unfunded mandate. 

201

Rep. G. Smith

Asks who the sponsors of HB 2551 are.

Chair Kitts

Responds that Balanesi is a constituent and Bendl is Rep. Barker’s constituent.  Advises they have testified on the bill in Salem and will be testifying at the final hearing on the bill in Salem. 

216

Rep. G. Smith

Comments he assumes they requested this bill because there was an incident they felt needed to be addressed.  Asks what that incident was.

219

Chair Kitts

Explains that the sponsors have cited some concerns by the observers.  The observers were not able to observe or contribute to the process to the degree they should have been able to.

231

Childers

States she had the same question. 

237

Rep. Greenlick

Comments that a talk show host in Portland started raising the concern that the ballots that were delivered early could be tampered with.  That created a movement which changed the late voting pattern in Portland by getting many of his listeners to drop off their ballot at the last minute to protect it from the potential fraud.  It meant that the late ballots this time were very different than late ballots in other elections.  Asks if anybody has alleged any fraud in Morrow County to the ballots from the time the ballots came in 14 days early. 

255

Childers

Responds they did have a man receive someone else’s ballot in the wrong post office box.  The recipient voted and signed the ballot with his own name.  He said he had never registered to vote but he thought it was a good idea. 

267

Rep. Greenlick

Asks if they have drop sites and how they manage those.

Childers

Responds that the drop sites are not “manned”.  They are watched.  They have one in her office and one in each city.  One is in Ione City Hall and one is in Boardman City Hall.  They are locked up at night.  One is at the Irrigon Annex, which is a county building and one is at their Public Works office in Lexington, Oregon.  They are all put away at night.  During the day, they are locked.  They are boxes that could be carried off but they never have been.  States she would like to get boxes that people can drive up to for ADA purposes.  States she is concerned about the “manned” provision in HB 2551. 

293

Rep. G. Smith

Comments on getting a call from the county clerk saying his signature on the ballot did not match and he was asked to go in and sign it.  States they do a very thorough and complete job.

307

Chair Kitts

Closes the public hearing on HB 2551.

HJR 1 – PUBLIC HEARING

313

Chair Kitts

Notes that no one is signed up to testify on HJR 1, which would require an amendment to the Oregon Constitution to require the legislature to go to annual sessions.  .

320

Rep. Dalto

Comments he thinks this might be a good opportunity to lay the issues in HJR 1 out so the audience knows what the committee is talking about. 

328

Chair Kitts

Opens a public hearing on HJR 1.

329

Cletus Moore

Committee Administrator.  Reads summary of HJR 1 and reviews the preliminary Staff Measure Summary.

349

Chair Kitts

Explains that the legislature is considering going to annual sessions. Some of the concerns that have been raised are the ability to write a two-year budget and whether it is the responsible thing to do to try to budget for two years in advance.  Comments on pressure on school districts to try to budget two years out. 

368

Rep. G. Smith

Suggest one way to determine whether to have annual sessions would be to ask the wives of legislators. Comments that his thoughts on HJR 1 include his experience on the Ways and Means Committee.  States one of the struggles they have is to try to balance a budget 24 months out.  Quite often it is difficult to predict what the economic cycle is going to be.  States that nobody saw 9-11 coming and did not anticipate the economic effect that it would have on the State of Oregon.  Yet, the state’s budget was dramatically affected by that.  HJR 1 would allow the legislature to handle its budget just like a business would, that is to look at it every 12 months to determine funding needs.  States that Washington and Montana have annual sessions.  They go in for a short period of time on the even numbered years to simply balance the budget, to take care of any revenue issues and any emergency issues and then they adjourn.  Then they have their regular session in the odd numbered years.  Believes this would make sense.  If it were structured in a way to allow just another legislative session, he would be reluctant to do that.

404

Rep. Greenlick

Comments on his concerns for families of legislators.  States he is intrigued with the idea.  Asks if the committees would stay as the regular committees.   That could be useful.  Believes it would be very efficient if the regular committees could meet once a month.  States that is not included in the resolution.

433

Chair Kitts

Comments on Rep. G. Smith’s drive to and from Salem.  States he would personally support the idea of annual sessions because he believes the people of Oregon deserve it.  Believes it is the responsible thing to do.  Believes it is irresponsible to send the legislators to Salem for an undefined amount of time.  People could plan their personal and professional life around the annual sessions and more people would be engaged in the process.  States there are three kinds of people who serve in the legislature: the retired, those who are rich, or those who have a spouse that will support their political habit. 

489

Chair Kitts

Asks members of the audience to submit comments and ideas by email to Rep. G. Smith, and closes the public hearing on HJR 1.

TAPE 34, B

023

Chair Kitts

Opens a public hearing on HB 2774.

HB 2774 – PUBLIC HEARING

023

Cletus Moore

Committee Administrator.  Reads summary of HB 2774.

035

Lisa Baum

West Extension Irrigation District in Irrigon, Oregon.  Presents a prepared statement for Kristina McNitt, Oregon Water Resources Congress, in support of HB 2774 (EXHIBIT C).

050

Rep. Dalto

Asks if irrigation district elections are separate from the county elections, is it administered differently, who gets to vote and how that determined is.

Baum

Explains that irrigation districts are special districts and they are organized under ORS 545.  States all their election statutes are within ORS 545.  States there are special considerations and she believes the county clerks are happy not to administer their rules.  Everyone within the boundaries of the water district who have water rights get to vote.  States the irrigation districts manage their own elections.

070

Rep. Dalto

Asks how they pay for the election process.

Baum

States the election costs are a part of their annual budget.  States they can have either an assessment or an incurred charged. 

077

Rep. Dalto

Asks what kinds of issues are considered at an election of an irrigation district.

Baum

Responds that 99 percent of the elections cover who is going to be on the board of directors.  They have either three or five member boards.  States that a recall election could come up if the electors wanted to recall a member of the board of directors.  An increase from a three member to a five member board would have to be voted on by the landowners. 

090

Rep. Dalto

Asks what the boundaries are of their irrigation district.

Baum

Responds they have roughly 10,000 irrigated acres and roughly 960 landowners.

099

Rep. Dalto

Asks where their irrigation district is.

Baum

Explains that their district is West Extension Irrigation District.  They are a Bureau of Reclamation project and they are in Umatilla and Morrow counties. 

103

Rep. Greenlick

Asks if each member has roughly 10 acres.

Baum

Responds that they have landowners with one-tenth of an acre of land and others own 600 acres of land.

110

Chair Kitts

Comments this is a great example of a bill that people from the metro area do not understand unless they talk to the people.   

117

Rep. G. Smith

Comments that if anyone wants to see real politics and a real political battle, they should get into a water fight issue about who owns the water. 

125

Chair Kitts

Advises that the committee will act on HB 2774 tomorrow in Pendleton because it is Rep. Jenson’s bill. 

130

Chair Kitts

Closes the public hearing on HB 2774 and opens a work session on introduction of a committee measure.

INTRODUCTION OF COMMITTEE MEASURE

147

Rep. Dalto

MOTION:  Moves LC 3487 BE INTRODUCED as a committee bill (EXHIBIT D).

152

Chair Kitts

Explains that there is a landowner in Clackamas County that has had an existing race track by the name of Pat’s Acres since 1969 and it has been in continuous use.  States that the conditional use permit that has been issued would only allow for go carts to raced on the track.  This bill would allow the owner of the race track to allow other motorized vehicles that are conducive to that track to race.  Advises the audience that the relating to clause of the bill is “relating to motor racing tracks” and can be amended to include NASCAR tracks.  They are looking at sites right now and would have to have an exemption because the only place that they could put a facility of that size would be on EFU land; it would require an exception. 

179

Rep. Holvey

Comments there is a race track in his district on EFU land.  The neighbors of the race track are extremely upset about the noise on Friday and Saturday nights and Sunday mornings and nights.  States he may have to vote against the bill. 

Chair Kitts

Responds that the track in Clackamas is surrounded by hundreds of acres of nothing.  The few dwellings that are there have no objection. 

196

Rep. G. Smith

Comments that the race track under consideration in Boardman would be on industrial zoned property.  States the Port of Morrow is very well suited to attract a NASCAR track should the county commission and the port commission and the citizens of Morrow County be ready. 

207

Chair Kitts

Adds that the site that the NASCAR people have looked at and like better than Boardman and the industrial land of the old Reynolds plant in Troutdale would be the site in Woodburn, which is on EFU land. 

217

VOTE:  4-0-3

EXCUSED:  3 - Reps. Farr, March, Thatcher

Chair Kitts

Hearing no objection, declares the motion CARRIED.

226

Chair Kitts

Closes the work session on introduction of a committee measure and thanks the people of Heppner for their hospitality and Rep. G. Smith for joining the committee and for serving as the Chair of the Subcommittee on Campaign Finance Reform.

248

Rep. Dalto

Suggest that citizens in the audience be given an opportunity to talk about any issue in the legislature.

Chair Kitts

Opens the meeting for public comments.

PUBLIC COMMENTS

263

John Turner

President, Blue Mountain Community College.  Thanks Rep. G. Smith for his support of Blue Mountain Community College.  States that they represent the six counties of Oregon and there are not a lot of post-secondary educational opportunities in their area.  States that the budgets that came out of the House and Senate this week were somewhat lower than what they were hoping to see in the community college budget, particularly for the Office of Community Colleges and Workforce Development.  Asks that the legislature add another $20 million to the community college budget.  Comments they have seen the budget for community colleges go from $462 million in 2001 to the current biennium budget of $410 million.  States they cannot make payroll with that budget; they will have to consider further cuts in educational opportunities for the citizens of northeast Oregon.  Asks that the legislature consider that and to consider that community colleges have asked for a budget of $440 million.

301

Chair Kitts

Comments he knows Ways and Means is working diligently to fund everything to the level it can be funded falling under the cap of $12.393 billion that both sides have agreed to. 

307

Rep. Dalto

Comments that is what he wanted to hear, and that the leadership of the community colleges as a whole around the state is doing an excellent job in providing education and vocational services and training.  They are also doing a great job at the Capitol.  There is a great presence from the association to educate the legislators about how important the role is that the community colleges play in Oregon and in the communities.  States that he tells people we cannot talk about economic development and moving Oregon into the future without talking about strong and vital community colleges and public universities because we are talking about developing our work force.  Thanks Turner for his testimony and states that the legislature hears their request for $440 million.  States that the House leadership has a very strong commitment to community colleges and did the restoration and will continue to look at that when the May forecast is out. 

354

Chair Kitts

Comments that the budget for community colleges would not have happened if it had not been for Rep. G. Smith. 

364

Rep. Greenlick

States he is very much in support of community colleges and the Rock Creek campus of Portland Community College is in his district.  States he was intrigued that the presidents of the community colleges manage to work together to create capital priority.

Turner

Responds he thinks six projects are funded in the current budget.

371

Rep. Greenlick

Asks what the capital needs are for Blue Mountain Community College.

372

Turner

Responds that they have some capital needs, however, they are not pressing hard for funding this time when there are community colleges that operate out of old hospitals and crumbling commercial buildings that do not have a campus.  States they are doing their best to keep the Blue Mountain Community College buildings up and they have a nice campus.  States the 17 community college presidents banded together in the interest of those community colleges that have a tremendous need for a campus.  That is what the capital construction money will go towards.  States he won’t see a dollar of it but still supports it. 

391

Rep. Greenlick

Comments that because the presidents were working together it made it easy for the legislative members to support it. 

398

Terry Tallman

Morrow County Judge.  Thanks the committee for the opportunity to speak and for the committee coming to their area.  Comments he is not a race fan.  States they have a permit in Morrow County that has been certified.  They have a 3,200 page document that says they can place a race track in Morrow County.  States it took them a little over two years to get that document in place.  The Port of Morrow spent nearly $500,000 of their money along with some developer money in order to make that happen.  There has been a considerable amount of time and energy spent in trying to get a race track placed in Oregon.

439

Tallman

States they would want to make sure the playing field stays fair because they had to go through the exceptions process; it took two years to do that.  Even though there are people who have doubts about our land use laws, they are still in effect and as long as they are in effect they would like to see them considered when a citing of a facility like this is considered.  Both the county and the Port of Morrow will be watching the process very closely if a site someplace else in Oregon is chosen.  They feel they have a lot at stake and feel they are one of the better sites in Oregon to hold a race track facility.  States they have some of the greatest weather, not as much rain as other sites and Boardman is only about two and one-hours from Troutdale. 

501

Rep. G. Smith

Comments that any expenditure by the legislature over $50,000 has to go to Ways and Means and most likely would go to the Subcommittee on Transportation and Economic Development.  Most likely it will go to Ways and Means after the Land Use Committee. 

518

Chair Kitts

Comments that the biggest competition is with the State of Washington.

TAPE 35, B

047

Rep. Greenlick

Comments he has learned that we need to have, and are developing a very different perspective of how land use needs to be applied east of the mountains compared to the metro area and the valley.  Comments on realization of developing industrial lands east of the mountain. 

066

Turner

Comments they may go to Salem to talk to the legislature when the time comes. 

070

John Renfro

Chairman of the Board of the Morrow County School District Board of Directors.  States his focus is on education and he will not talk about finance or funding, but he has three issues.  One issue is the result of a resolution from their board supporting a statewide salary schedule program, much as it is in Washington and other states.  They feel that would be an advantage to them and their local constituents.  The second thing is the School Board Association and others are sensitive to the issue between local autonomy of local boards and the state legislature.  States they see a lot of bills that are discussed and one is the change in the food service program.  The question is whether that should be a local board option.  The third thing is the bill that just passed out of committee yesterday that would give some options to 11th and 12th grade high school students to pursue educational opportunities beyond the standard high school as we stand now.  

091

Renfro

States that the statewide salary schedule is a resolution of their board and is speaking for the board on that issue.  The other two issues are personal and he does not represent the board on those two issues. 

097

Rep. Dalto

Asks how the bill on school lunch programs would impact the Morrow County School District.

Renfro

States that he personally strongly supports the notion of completing revamping our food service, not only in the breakfast-lunch menus, but those things that are for sale in the vending machines in the school buildings.  States he is a strong advocate of reducing the high sugar and fat content foods that are available to their students.  States they have recently changed directors of their food service program.  They have already put some efforts into place to change menus.  Another issue that comes up is the revenue that is generated from the vending machines.  The question is whether the sales will go down dramatically if they eliminate the high sugar items and put in fruit juice and milk.

120

Rep. G. Smith

Comments it is an honor to have this committee in Heppner.  The people find it a very special place to live and raise their families, a special place to make a living and special place to just have fun.  Comments on community members caring and looking after each other. 

137

Rep. G. Smith

Comments that the schools are important to their community, and comments on activities of students.  States that economic development begins with education and starts in the elementary school and works all the way to the community college and Eastern Oregon University.  Comments that when the mill in Heppner closed down they lost a lot of good family wage jobs that help pay income taxes to the state of Oregon and jobs that allowed people to own homes and for the community to support itself.  States they are constantly fighting to make sure they have the basic infrastructure and needs so they can continue to make a good living.  Third is their natural resources.  It applies to their cattlemen, wheat growers and those who irrigate.  It is very important that they find a balance between the environment and making a living off the land.  Comments that there are no better stewards of the land than the people here who have to make a living off it.  Asks that the members take a look at their schools, their beautiful main street and the farms and ranches that they are all proud of.  Thanks the committee for coming to Heppner.

167

Chair Kitts

Adjourns the meeting at approximately 6:05 p.m.