SENATE COMMITTEE ON GENERAL GOVERNMENT
February 08, 2005 Hearing Room B
3:10 P.M.Tapes 11 - 13
MEMBERS PRESENT: Sen. Frank Shields, Chair
Sen. Bruce Starr
Sen. Joanne Verger
Sen. Vicki Walker
MEMBER EXCUSED: Sen. Gary George, Vice-Chair
STAFF PRESENT: Judith Callens, Committee Administrator
Gary Roulier, Committee Assistant
MEASURES/ISSUES HEARD:
Introduction of Committee Measures – Work Session
SB 402 – Public Hearing
SB 405 – Public Hearing
SB 420 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 11, A |
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003 |
Chair Shields |
Opens the meeting at 3:00 p.m. and opens a work session on introduction of committee bills. |
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INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION |
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011 |
Judith Callens |
Administrator. Presents LC’s 1213, 1217, 2077 (EXHIBITS A, B, C) and summarizes the provisions of the legislative concepts. |
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029 |
Sen. Walker |
MOTION: Moves LC's: 1213, 1217, 2077 BE INTRODUCED as committee bills. |
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VOTE: 3-0-2 EXCUSED: 2 - George, B. Starr |
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Chair Shields |
Hearing no objection, declares the motion CARRIED. |
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031 |
Chair Shields |
Closes the work session and opens the public hearing on SB 402. |
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SB 402 – PUBLIC HEARING |
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041 |
Callens |
Explains the provisions of SB 402. |
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048 |
Sen. Ben Westlund |
State Senator, District 27. Testifies in support of SB 402. |
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083 |
Sen. Westlund |
Explains that the bill would allow small water districts to have the county assessor collect past due accounts as part of the property tax. Presents the -1 amendments (EXHIBIT D). |
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114 |
Chair Shields |
Asks if there are any unforeseen consequences with low income citizens. |
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123 |
Sen. Westlund |
Answers that a water district would have the ability to shut off water service, but adds that there would be some “timeline” protection through the use of the county property tax collection method rather than private company collection. |
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134 |
Gil Riddell |
Policy Manager, Association of Oregon Counties. Testifies that the cost associated would take away from assessments and collections of revenues for school and other local districts. |
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168 |
Riddell |
Requests the committee consider a subsequent referral to the Revenue Committee. |
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187 |
Chair Shields |
Closes the public hearing on SB 402 and opens a public hearing on SB 405. |
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SB 405 – PUBLIC HEARING |
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191 |
Callens |
Explains the provisions of the bill. Presents the -1 amendments (EXHIBIT E). |
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201 |
Fred VanNatta |
Oregon Board of Optometry, Oregon Board of Architects Examiners, Oregon Board of Massage Therapists, Oregon State Contractor’s Board. Testifies in support of SB 405, which gives the semi-independent boards the authority to borrow funds to buy real property. |
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230 |
VanNatta |
Discusses the language in SB 405. |
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260 |
David Plunkett |
Executive Director, Oregon Board of Optometry. Presents written testimony (EXHIBIT F) and testifies in support of SB 405. |
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287 |
Plunkett |
Summarizes a bill in the House dealing with audit reports of semi-independent boards. |
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312 |
Plunkett |
Comments on review procedures being modified for semi-independent agencies. |
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336 |
Sen. Verger |
Asks about the rationale for not giving agencies the authority to borrow money to buy buildings. |
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342 |
VanNatta |
Responds that he does not believe it was a conscious policy decision. |
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351 |
Sen. B. Starr |
Asks how many agencies this will affect. |
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362 |
VanNatta |
Answers there are ten or eleven licensing boards that would be affected. |
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371 |
Sen. B. Starr |
Expresses a desire to see the list of the affected agencies. |
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379 |
Bill Foster |
Acting Administrator, Facilities Division, Department of Administrative Services (DAS). Presents written testimony (EXHIBIT G) and testifies in opposition to SB 405. |
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416 |
Greg Jeffrey |
Finance Manager, DAS. Reviews the history of property acquisitions utilized by state agencies. |
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TAPE 12, A |
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012 |
Carol Halford |
Administrator, Oregon Board of Architect Examiners. Submits written testimony on behalf of William Seider in support of SB 405 (EXHIBIT H) and testifies in support of SB 405. |
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033 |
Bob Keith |
Administrator, Appraiser Certification and Licensure Board. Testifies in support of SB 405. |
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The following prepared testimony is submitted for the record without public testimony |
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Andy Leisinger |
State Landscape Architect Board. Submits written testimony in support of SB 405 (EXHIBIT P). |
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041 |
Chair Shields |
Asks the DAS representatives to consider the cost savings of the bill. Closes the public hearing on SB 405 and opens a public hearing on SB 420. |
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SB 420 – PUBLIC HEARING |
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052 |
Sen. Kate Brown |
State Senator, District 21. Presents written testimony (EXHIBIT I) and testifies in support of SB 420. |
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083 |
Sen. Brown |
Reviews the current rewrite of the ethics code. |
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094 |
Sen. B. Starr |
Asks if the Governor’s proposed budget includes additional funding for the Government Standards and Practices Commission. |
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104 |
Sen. Brown |
Responds she is not sure, but deems it a “conflict of interest” that the legislature is responsible for adequately funding a commission that provides legislative oversight. |
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114 |
Chair Shields |
Comments on the budget issues and asks if there would be opposition to a “cap” on these assessments. |
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123 |
Sen. Brown |
Answers she is well aware of the budget restrictions but restates that it is “extremely important” that we find a dedicated revenue source. |
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147 |
Sen. Verger |
Asks how the witness would answer the argument that local governments would be paying for a state program. |
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150 |
Sen. Brown |
Responds that it is the responsibility of elected officials to work towards restoring credibility of government. Adds that the commission is charged with overseeing ethics for all government bodies. |
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165 |
Lori Sattenspiel |
Oregon Community College Association (OCCA). Presents written testimony (EXHIBIT J) and testifies in opposition to SB 420. |
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175 |
Chuck Clemans |
Board Member, Clackamas Community College and President, OCCA. Testifies in opposition to SB 420. |
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218 |
Clemans |
Emphasizes that while he agrees with the importance of the commission, it should not be funded “on the backs” of students at the community colleges. |
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233 |
Clemans |
Reviews the current budget shortfalls for the community colleges. |
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254 |
Clemans |
Adds that the community colleges are an “essential tool” in the state economy. |
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277 |
Genoa Ingram |
Oregon Fire District Directors Association. Presents written testimony (EXHIBIT K) and testifies in opposition to SB 420. |
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320 |
Ingram |
Agrees that most commission violations are targeted at local officials. |
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348 |
Ingram |
Reviews past efforts to define ethics for volunteer firefighters. |
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381 |
Ingram |
Notes that passage of SB 420 will take funds away from education, health care and public safety. |
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401 |
Chair Shields |
Asks what the term “legislative interest” means. |
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TAPE 11, B |
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001 |
Ingram |
Responds with an explanation. Hopes that the committee will not tax volunteer firefighters. |
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023 |
Chair Shields |
Asks if the bill has a target budget for the commission. |
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034 |
Ingram |
Points out the proposed budget for the commission on page three of the exhibit (EXHIBIT K). |
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037 |
Chair Shields |
Reviews the budget proposal and wonders what Sen. Brown’s intentions were. |
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042 |
Callens |
Reviews the potential revenue impact. |
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061 |
Sen. Verger |
Asks about how the statute moves from “public official” to “volunteer.” |
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066 |
Ingram |
Answers with an explanation of the interpretation of “volunteer.” |
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074 |
Chair Shields |
Opines on the necessity of more narrowly defining “volunteer.” |
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083 |
Ingram |
Summarizes efforts to redefine “volunteers.” |
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096 |
Tim Josi |
President, Association of Oregon Counties (AOC). Testifies that they cannot support the bill in its current concept. Agrees with Sen. Brown that the system is “broken.” |
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135 |
Josi |
Reviews other legislation introduced that will impose fees on local governments. |
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163 |
Sen. B. Starr |
Asks how beneficial it would be if the commission had the staffing to adequately educate affected individuals. |
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171 |
Josi |
Responds that it would be very beneficial. |
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178 |
Paul Snider |
Legal Counsel, AOC. Testifies in support of SB 420. |
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181 |
Callens |
Reviews the statutory definition of public official. |
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203 |
Sarah Wetherson |
Money in Politics Research Action Project. Presents written testimony (EXHIBIT L) and testifies in support of SB 420. |
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235 |
Wetherson |
Summarizes the duties of the commission and adds that the commission lacks the resources to carry out its base function. |
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265 |
Wetherson |
Emphasizes that the need for the commission has not gone away and restates support for SB 420. |
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297 |
Margaret Noel |
President, League of Women Voters of Oregon. Presents written testimony (EXHIBIT M) and testifies in support of SB 420. |
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321 |
Noel |
Comments that it would be beneficial to have a funding source that was separate from the legislature. |
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333 |
Chair Shields |
Agrees that something has to be done but adds that the “how” is extremely difficult. |
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347 |
Andi Miller |
Common Cause. Presents written testimony (EXHIBIT N) and testifies in support of SB 420. Notes that providing a “minimal level of service” should not be the goal. |
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403 |
Christy Monson |
Counsel, League of Oregon Cities. Presents written testimony (EXHIBIT O) and testifies in opposition to SB 420. |
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TAPE 12, B |
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009 |
Monson |
Reviews a study of ten other states, all of which fund their ethics commission with state funds. Adds that one possible funding solution may be to increase fines. |
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021 |
Richard Walsh |
City Council President, City of Keizer. Testifies in opposition to SB 420. |
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044 |
Walsh |
Points out that the commission is a state program and should be funded by the state. |
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064 |
Walsh |
Adds that it is “absurd” to tax volunteers. |
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080 |
Chair Shields |
Asks if the witness has an idea of what the bill would cost the League of Oregon Cities. |
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089 |
Monson |
Answers that they don’t know the extent of who would be covered by the requirement. |
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103 |
Chair Shields |
Asks how many League of Oregon City members would be affected by this requirement. |
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120 |
Monson |
Answers that it would cover all public officials and volunteers, state and local. |
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128 |
Walsh |
Notes that local governments would be paying for a state commission under this bill. |
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133 |
Sen. B. Starr |
States that creating ethics commissions for each local entity may not be an efficient alternative. |
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160 |
Ken Strobeck |
Executive Director, League of Oregon Cities. Testifies in opposition to SB 420. Emphasizes that everyone in the state benefits from ethical behavior, so it should be a function that is funded by the state. |
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206 |
Sen. Verger |
Asks how often the cities utilize the commission. |
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212 |
Strobeck |
Answers that their organization conducts training for newly elected officials. |
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230 |
Monson |
Adds that the commission has not had a lot of time to deal with local issues. |
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241 |
Chair Shields |
Asks if they consult with the commission on their training. |
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251 |
Monson |
Responds that their trainers are attorneys familiar with the statutes, but they do consult with the commission. |
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264 |
Ken Armstrong |
Oregon Ports Group and Oregon Fire Chiefs Association. Testifies in opposition to SB 420. Notes that there are approximately 8,200 volunteer firefighters in the state. |
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290 |
Armstrong |
Remarks that this is a “general fund” issue. |
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298 |
Sen. Verger |
Asks how many times the group that he represents uses the commission. |
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301 |
Armstrong |
Answers that they typically would not be utilizing the commission. |
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312 |
Jim Green |
Oregon School Boards Association. Testifies in opposition to SB 420. Reviews the number of teachers and volunteer school board members in the state. |
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347 |
Chair Shields |
Restates the differentiation between “paid” versus “volunteer” persons. |
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363 |
Green |
Reviews the stated figures. Adds that they want to make sure that if there are complaints, they are investigated. |
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399 |
Chair Shields |
Expresses an interest in finding a solution. |
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TAPE 13, A |
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|
004 |
Callens |
Clarifies the definition of volunteers and notes that legislators and employees would also be subject to the fees suggested in SB 420. |
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014 |
Sen. Verger |
Notes that the resulting figure would be quite large if the fee were assessed on all state employees. |
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The following prepared testimony is submitted for the record without public testimony |
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Sen. Bill Morrisette |
Senate District 6. Submits written testimony in support of SB 420 (EXHIBIT Q). |
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Marge Kafoury |
Director, Office of Government Relations, City of Portland. Submits written testimony in opposition to SB 420 (EXHIBIT R). |
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017 |
Chair Shields |
Closes the public hearing on SB 420 and adjourns the meeting at 5:11 p.m. |
EXHIBIT SUMMARY
Testimony submitted for the record without public testimony.
P. SB 405, written testimony, Andy Leisinger, 1 p
Q. SB 420, written testimony, Sen. Bill Morrisette, 1 p
R. SB 420, written testimony, Marge Kafoury, 1 p