SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

March 15, 2005                                                                                                       Hearing Room B

3:10 P.M.                                                                                                                      Tapes 37 - 38

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Bruce Starr

Sen. Joanne Verger

Sen. Vicki Walker

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                SB 402 – Public Hearing

                                                SB 856 – Public Hearing and Work Session 

                                                SB 67 – Public Hearing and Work Session

                                                SB 316 – Public Hearing and Work Session

                                                SB 563 – Public Hearing

                                                SB 577 – Public Hearing and Work Session

                                                SB 589 – Public Hearing

                                                SB 807 – 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 37, A

003

Chair Shields

Calls the meeting to order at 3:12 p.m. and opens a public hearing on SB 402.

SB 402 – PUBLIC HEARING

014

Sen. Ben Westlund

Senate District 27. Testifies in support of SB 402 and anticipates the amendments will make this an implemental and practical bill.

028

Chair Shields

Confirms that the amendments relate to helping the counties.

029

Sen. Westlund

Clarifies there needs to be an appropriate way of covering costs.

038

Chair Shields

Closes the public hearing on SB 402 and opens the public hearing on SB 856.

SB 856 – PUBLIC HEARING

045

Judith Callens

Committee Administrator. Reviews what SB 856 does and states there are no fiscal or revenue impact statements.

051

Carol Suzuki

Salem resident, serving on the Oregon Commission of Asian Affairs since 2001. Provides information on what the commission does. Explains that SB 856 will bring the Oregon Commission of Asian Affairs into alignment with sister commissions; Black Affairs, Hispanic Affairs and the Commission for Women.

066

Chair Shields

Closes the public hearing on SB 856 and opens the work session on       SB 856.

SB 856 – WORK SESSION

074

Sen. George

MOTION:  Moves SB 856 to the floor with a DO PASS recommendation.

077

 

VOTE:  4-0-1

EXCUSED:  1 – Walker (*see Tape 38, B #128)

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

087

Chair Shields

Closes the work session on SB 856 and opens the public hearing on        SB 67.

SB 67 – PUBLIC HEARING

089

Judith Callens

Committee Administrator. Explains what SB 67 does and the purpose of the -1 amendments (EXHIBIT A). Adds there are no fiscal or revenue impact statements.

111

Irene Zenev

President, Oregon Museums Association. Submits and reads prepared testimony in support of SB 67 (EXHIBIT B).

168

Chair Shields

Inquires if Ms. Zenev has any comments about the -1 amendments.

169

Zenev

Respond favorably to the amendment.

172

Sen. George

Refers to line four in the -1 amendments and asks if any of the tourism tax flows into these efforts.

180

Zenev

Responds that heritage related tourism is always promoted as an integral part of their business.

187

Sen. George

Asks if this is associated with the statewide tourism effort.

190

Zenev

Responds the brochures are distributed through information centers.

197

Sen. Verger

Asks if there are any public funds in the grants.

202

Zenev

Responds she is not sure.

194

James Hamrick

Deputy State Historic Preservation Officer, Parks and Recreation Department. Responds that the museum grant aid program is funded with lottery funds that go to the Parks and Recreation department.

214

Sen. Verger

Inquires if there is an appeal process if someone is turned down for a grant.

219

Hamrick

Responds that current administrative rules do not have a case before them. Adds that there is a committee that reviews the criteria that has to be met.

235

Chair Shields

Closes the public hearing on SB 67 and opens the work session on        SB 67.

SB 67 – WORK SESSION

237

Sen. George

MOTION:  Moves to ADOPT SB 67-1 amendments dated 2/14/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 – Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

243

Sen. George

MOTION:  Moves SB 67 to the floor with a DO PASS AS AMENDED recommendation.

246

Sen. Verger

Asks since the funds are coming from Parks and Recreation Department funds, would an appeal process be required.

250

Hamrick

Responds that just about every decision is appealable but he is not aware if there is a formal process. Speculates that if the bill passes an appeals process will be set up if it does not already exist in rule.

270

 

VOTE:  5-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Shields

The motion CARRIES.

SEN. GEORGE will lead discussion on the floor.

278

Chair Shields

Closes the work session on SB 67 and opens the public hearing on       SB 316.

SB 316 – PUBLIC HEARING

300

Judith Callens

Reviews what SB 316 and the -1 amendments (EXHIBIT C). States there are no fiscal or revenue statements.

304

Sandra Bishop

Fair Competition Alliance. Requests that contracts that go directly to non-profits not be excluded from the competitive bid process (EXHIBIT D).

356

Sen. B. Starr

Clarifies that there is no fiscal statement on SB 316. Ask how many agencies would have to go through a rule making process with the advocate.

362

Callens

Clarifies there is no fiscal or revenue on the original bill. With the amendments the typical impact will be $5,000 for each agency having to go through the administrative rule process.

376

Chair Shields

Asks if the Department of Administrative Services (DAS) handles the majority.

386

Callens

Responds that the amendments take DAS out of the process.

395

Sen. B. Starr

Suggests referring the bill to the Committee of Ways and Means.

414

Chair Shields

Closes the public hearing on SB 316 (*see Tape 38, A #343). Opens the public hearing on SB 563.

TAPE 38, A

SB 563 – PUBLIC HEARING

009

Judith Callens

Committee Administrator. Reviews SB 563. States that the cities are opposed to the concept in general. Explains what the cities want in an amendment.

020

John Popenuk

Supervisor, City of Portland, Bureau of Utilities Customer Services. Submits and reads prepared testimony opposing SB 563 as written (EXHIBIT E).

021

Chair Shields

Asks if there are occasions when the previous occupant may still be living in the residence and only the billing information was changed.

028

Popenuk

Responds this is sometimes the case.

048

Sen. Verger

Confirms there is a process when the bill is not paid the water is shut off.

055

Popenuk

Explains that most customers will notify whether or not they are taking responsibility for the bill. Explains there are a significant number ofcustomers that have service restored in a roommate’s name.

090

Sen. Verger

Provides a scenario where a landlord prepares an apartment for a new tenant and has to pay the water bill of the previous tenant.

092

Popenuk

Responds as of today, even with an outstanding bill, the water service would be restored if it was established this is a totally new tenant.

093

Sen. George

Comments on water being an elemental need. Asks what is wrong with the legislature believing that there needs to be a legitimate reason to not supply a new tenant with water.

112

Popenuk

Responds that this occurs in single family rentals. States there are certain properties have a history of people moving in and out, creating an unfair burden on other rate payers. Explains that the city believes the owner should pay the bill before a new tenant can move in.

138

Chair Shields

Recaps for Sen. Beyer that Mr. Popenuk stated he was unaware of what brought this bill forward and updates Sen. Beyer on the testimony.

157

Sen. Roger Beyer

Senate District 9.  Responds that the bill was introduced at the request of a constituent in August/September 2003 from rural Clackamas County.  

199

Sen. Beyer

Submits prepared testimony from Willie Tiffany (EXHIBIT F).

214

Popenuk

Responds that the Portland Water Bureau has an appeal process in place. Reiterates that in certain cases the landlord should pay the bill before a new tenant occupies the residence.

245

Chair Shields

Asks what is fair about a new tenant, with no ties or knowledge of the previous tenant, moving into a residence and not being able to obtain water.

234

Sen. Beyer

Responds that a new tenant often needs to come up with first, last and a security deposit and then discovers there is no water.

256

Chair Shields

States there needs to be a system that works for everyone.

270

Popenuk

States that at the present time if it is determined that a totally different entity is moving into the property, water will be restored.

285

Sen. George

Reiterates the public safety issue of the basic need of water. Asks what the time frame is for when water service is guaranteed.

300

Popenuk

Answers when it is determined that the occupancy is a different person the water is turned on the same day.

336

Chair Shields

Requests that the League of Cities and Portland address the issue with Sen. Beyer and Ms. Callens. Closes the public hearing on SB 563 and opens the work session on SB 316.

SB 316 – WORK SESSION

343

Judith Callens

States that Legislative Fiscal Office would like time to investigate the process and provide an estimate. Explains why.

341

Chair Shields

Closes the public hearing on SB 316 and opens the public hearing on SB 577.

SB 577 – PUBLIC HEARING

360

Judith Callens

Committee Administrator. Reviews SB 577 and the -2 amendments (EXHIBIT G).

420

Keith Adams

Business Manager, State Library. Submits prepared testimony from Jim Scheppke in support of SB 577 (EXHIBIT H).

443

Joe McKeever

Legal Council, Oregon State Library. States this bill is intended to establish and affirm a formula that has been used since 1995 that allocates costs among state agencies. States that the -2 amendments clarify that the change would apply only to the State Library.

475

Joe Stephen

State Law Library. Supports the -2 amendments stating that the bill as originally written made a change that was not needed; they prefer to maintain the status-quo.

TAPE 37, B

034

Chair Shields

Closes the public hearing SB 577 and opens the work session on        SB 577.

SB 577 – WORK SESSION

037

Sen. B. Starr

MOTION:  Moves to ADOPT SB 577-2 amendments dated 3/10/05.

038

 

VOTE:  4-0-1

EXCUSED:  1 - George

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

041

Sen. B. Starr

MOTION:  Moves SB 577 to the floor with a DO PASS AS AMENDED recommendation.

039

Callens

States for the record that the fiscal impact would be a minimal impact or no impact with the amendment.

049

 

VOTE:  5-0-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. B. STARR will lead discussion on the floor.

051

Chair Shields

Closes the work session on SB 577 and opens the public hearing on    SB 589.

SB 589 – PUBLIC HEARING

050

Judith Callens

Committee Administrator. Reviews what SB 589 does and that there is a request from the Legislative Fiscal Office that this be referred to the Committee on Ways and Means.

068

Chair Shields

States that a few years ago this concept did not have a fiscal impact. Request information on why it does now.

070

Tom Hughes

Legislative Fiscal Office. Explains that HB 3740 (2001) and SB 589 both require a clerk training program. The responsible vendor program was enacted in 1999 and the Oregon Liquor Control Commission (OLCC) was still accessing the workload. Reviews the fiscal impact statement (EXHIBIT I).

118

Sen. Verger

States the purpose of the responsible vendor program. Refers to the statement that it would be unlawful to dismiss an employee that had not completed the program.

138

Hughes

Responds this is the information that was received from the Bureau of Labor and Industries (BOLI).

158

Marc Zolton

Legislative Director, BOLI.  States that based on their analysis, this would create a new unlawful employment practice that does not exist at this time and would force them to have .45 FTE in the 2005/2007 biennium and .60 FTE in the 2007/2009 biennium. Expects a best estimate of 80 cases a year.

194

Sen. Verger

Refers back to how the sentence reads, wonders if it should read the employee “had” completed the program.

197

Jon Stubenvoll

Responds that SB 589 creates a new piece in statute about workplace employment. The responsible vendor program protects the liquor license holder but there is nothing in current statute that protects the employee who sells the alcohol to the minor.

213

Sen. Verger

Confirms if the employee goes through the training, they don’t get fired the first time.

232

Stubenvoll

Answers that today there is no such piece in statute; the program is designed to protect the employer from losing the liquor license.

247

Chair Shields

Inquires if the committee wants this bill to go to the Committee on Ways and Means.

260

Sen. Verger

States that the responsible vendor is a good program and she was under the impression there was a benefit to the employee as well as the employer.

270

Steve Langley

AFL-CIO. States that this is a second attempt to pass this bill. Explains the intent is to protect and train grocery clerks to keep alcohol out of the hands of minors. There is no protection for the clerks; if they make a mistake they loose their job.

288

Sen. George

Asks why not say that every employee has an opportunity to participate in the program and if they do they can not be fired on the first offense.

275

Langley

Responds that they are willing to look at options.

300

Sen. Walker

Asks about the other bills addressing this.

306

Langley

Responds there is a bill that will have amendments that decriminalize the first offense making it a violation for the grocery clerk. Adds there is a bill on the House side regarding training for new employees.

311

Sen. Walker

States the goal is to protect the grocery clerks.

337

Sen. Verger

States the responsible vendor program is a good program; clerks should be trained and not fired if they make one mistake.

319

Chair Shields

States there is sensitivity to fiscal expenses.

335

Langley

Comments that this could be amended.

387

Sen. Walker

Refers to March 1 testimony and disagrees with the statement that this would erode “zero tolerance.” Closes the public hearing on SB 589 opens the public hearing on SB 807.

SB 807 – PUBLIC HEARING

405

Judith Callens

Committee Administrator. Reviews SB 807.

412

Catherine Webber

Technology Analyst, Department of Administrative Services (DAS). Submits prepared testimony providing background information (EXHIBIT J). Explains the reason DAS is suggesting to delay this bill until next session when the technology and business models have matured.  

TAPE 38, B

014

Sen. George

Refers to a conversation earlier in the day.

028

Weber

Responds that SB 160 deals with setting up campaign and finance reporting. The text of the bill requires that it be provided free of charge.

038

Jim Thompson

Office of Senator Gary George. States the origin of the bill came from constituent complaints concerning the Secretary of State’s program for reporting campaign expenses and activities and in looking ahead at the   agricultural pesticide reporting requirements. Explains the purpose of the legislation.  States no objection to delaying this until next session.

074

Sen. George

Concurs in holding this until next session with a commitment to move forward with addressing the issue and making it user friendly.

089

Webber

Clarifies that the state would make every effort possible to ensure that the interfaces and uses are as easy and inexpensive as possible. Suggests that the debate of how and when fees could be charged is two years down the road.

108

Sen. George

Concurs and looks forward to a progress report.

113

Sen. Verger

Comments in opposition to people who use the computer being charged less than those who do not.

125

Chair Shields

Closes the public hearing on SB 807. Opens a work session for the purpose of suspending the rules to allow Sen. Walker to record her vote on SB 856. 

*WORK SESSION

128

Sen. Shields

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Sen. Walker to record a vote on moving       SB 856 to the floor with a DO PASS recommendation.

128

 

VOTE:  5-0-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

133

 

AYE:     Sen. Walker votes Aye.

VOTE:  5-0-0

136

Chair Shields

Closes the work session. Announces that SAIF and Liberty are having discussions and will come before the committee on Thursday.

159

Sen. Walker

Comments on amendments regarding SB 752.

167

Chair Shields

Adjourns the meeting at 5:20 p.m.

 

EXHIBIT SUMMARY

 

  1. SB 67, -1 amendments, staff or Zenev, 1 p
  2. SB 67, prepared testimony, Irene Zenev, 1 p
  3. SB 316, -1 amendments, staff, 1 p
  4. SB 316, prepared testimony, Sandra Bishop, 2 p
  5. SB 563, prepared testimony, John Popenuk, 1 p
  6. SB 563, prepared testimony on behalf of Willie Tiffany, Sen. Roger Beyer, 1 p
  7. SB 577, -2 amendments, staff, 1 p
  8. SB 577, prepared testimony of Jim Scheppke, Keith Adams, 1 p
  9. SB 589, Fiscal Impact Statement, Tom Hughes, 2 pp
  10. SB 807, background information, Catherine Webber, 1 p