SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 5, 2005                                                                                                           Hearing Room B

3:10 P.M.                                                                                                                      Tapes 57 - 60

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Gary George, Vice-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 498 – Work Session

                                                SB 150 – Work Session

                                                SB 638 –   Public Hearing and Work Session

                                                SB 969 –   Public Hearing and Work Session

                                                SB 660 –   Public Hearing and Work Session

                                                SB 1006 – Public Hearing and Work Session

                                                SB 316 – Work Session

                                                SB 402 – Work Session

                                                SB 420 – Work Session

                                                SB 557 – Work Session

                                                SB 562 – Work Session

                                                SB 589 – Work Session

                                                SB 690 – Work Session

                                                SB 706 – Work Session

                                                SB 817 – Work Session

                                                                                               

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 57, A

005

Chair Shields

Calls the meeting to order at 3:10 p.m. and opens the work session on SB 498.

SB 498 – WORK SESSION

023

Judith Callens

Committee Administrator. Reviews the provisions of SB 498 and explains that the -1 amendments limit compensation to video lottery retailers (EXHIBIT A).

040

Eric Carlson

Senate Majority Office. Explains that the purpose of the -3                             (EXHIBIT B) and -4 (EXHIBIT C) amendments is to ensure that the proposed percentages apply only to video slots.

091

Sen. B. Starr

Relates information received by legislative counsel regarding the constitutionality of SB 498.

121

Sen. Walker

MOTION:  Moves to ADOPT SB 498-3 amendments dated 4/5/05.

129

 

VOTE:  3-2-0

AYE:               3 - Verger, Walker, Shields

NAY:               2 - George, Starr B.

 

Chair Shields

The motion CARRIES.

136

Sen. Walker

MOTION:  Moves SB 498 to the floor with a DO PASS AS AMENDED recommendation.

140

Sen. Walker

Comments that public opinion believes retailers are given too large a percentage of the profit. Comments on the contract regarding line games. States that when the lottery constitutional amendment was passed she had questions whether the Governor had the authority to direct “slots for cops” rather than “slots for tots.”

184

Chair Shields

Discusses the pros and cons of the lottery.

200

Sen. George

Asks if the commission is about to rule on this.

204

Chair Shields

Responds that there have been conversations.

207

 

VOTE:  3-2-0

AYE:               3 - Verger, Walker, Shields

NAY:               2 - George, Starr B.

 

Chair Shields

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

214

Sen. B. Starr

Serves notice of a possible minority report.

216

Chair Shields

Closes the work session on SB 498 and opens the work session on     SB 150.

SB 150 – WORK SESSION

219

Judith Callens

Committee Administrator. Reviews the provisions of SB 150 and the -2 amendments (EXHIBIT D).

253

Lori Sattenspiel

Oregon Community College Association. Expresses there were concerns about the impact on local communities.

273

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI). States that       SB 150 addresses workforce shortages in the construction industry. Submits prepared testimony in support of SB 150 (EXHIBIT E).

305

Jessica Adamson

Associated General Contractors. Supports SB 150 and the -2 amendments.

306

Gardner

Thanks the League of Oregon Cities, Community Colleges and AGC for their work on this bill.

323

Sen. B. Starr

Asks what is Associated Builders and Contractors position.

326

Adamson

States that she will make an attempt to find out.

332

Jon Oshel

County Road Program Manager, Association of Oregon Counties (AOC). Asks if a small contractor is going to be capable of becoming a training agent.

356

Gardner

States there is no requirement that they train apprentices. States this would not eliminate any small contractor from their ability to do contracts.  

367

Oshel

Responds that if this is the case they have no objections.

379

Sen. Walker

Notes there is prepared testimony in support of SB 150 from Connie Ashbrook, Oregon Women’s Tradeswomen, Inc. (EXHIBIT F).

 

The following testimony was submitted for the record without public testimony;   (EXHIBIT W) prepared testimony from Jon Oshel and (EXHIBIT X) prepared testimony from the League of Oregon Cities

382

Sen. Walker

MOTION:  Moves to ADOPT SB 150-2 amendments dated 3/30/05.

385

Sen. B. Starr

States he will support the amendment and move the bill to the floor but reserves the right to change his vote on the floor. Notifies of intention to have further discussions with other groups that may be affected.

 

 

VOTE:  4-1-0

AYE:               4 - Starr B., Verger, Walker, Shields

NAY:               1 – George

 

Chair Shields

The motion CARRIES.

409

Sen. George

States there is not enough clarity.

439

Sen. Walker

MOTION:  Moves SB 150 to the floor with a DO PASS AS AMENDED recommendation.

437

Chair Shields

VOTE:  4-1-0

AYE:               4 - Starr B., Verger, Walker, Shields

NAY:               1 - George

 

Chair Shields

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

452

Chair Shields

Closes the work session on SB 150 and opens the public hearing on   SB 638.

SB 638 – PUBLIC HEARING

453

Judith Callens

Committee Administrator. Reviews the provisions of SB 638.

474

Sen. Ryan Deckert

Senate District 14. Submits prepared testimony in support of SB 638 (EXHIBIT G) and summarizes that the intention of the bill is to remove the Department of Administrative Services (DAS) Restoration Policy.

TAPE 58, A

030

Chair Shields

Comments on the effects of this policy. 

038

Sen. Deckert

Responds there are better uses for the funds.

039

Harvey Matthews

Associated Oregon Industries (AOI). States that the business community views this policy as bad business.

056

Susan Wilson

Administrator Human Resources Services Division DAS. Submits prepared testimony in opposition to SB 638 (EXHIBIT H). Describes how the policy is utilized.

090

Chair Shields

Asks if there are situations where a person has not be restored successfully, that there was not enough for them to do.

091

Wilson

Responds that agencies are encouraged to manage the workload.

108

Chair Shields

Requests that Ms. Wilson repeat the reasons that constitute “cause” and states that each of these reasons are subjective.

125

Sen. George

States that his impression of DAS was to ensure the efficiency of state government.

140

Sen. Verger

Comments on situations where people have made serious mistakes, were removed, but not dismissed. States that the public reads about this in the paper and this affects the credibility of those who are doing their job.

151

Chair Shields

Closes the public hearing on SB 638 and opens the work session on      SB 638.

SB 638 – WORK SESSION

152

Sen. Deckert

MOTION:  Moves SB 638 to the floor with a DO PASS recommendation.

156

 

VOTE:  4-0-1

AYE:               4 - George, Starr B., Verger, Shields

EXCUSED:     1 – Walker

 

Chair Shields

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

167

Chair Shields

Closes the work session on SB 638 and opens the public hearing on    SB 969.

SB 969 – PUBLIC HEARING

168

Judith Callens

Committee Administrator. Explains the provisions of SB 969.

189

Commissioner Tim Josi

President, Association of Oregon Counties (AOC) and Tillamook County Commissioner. Submits prepared testimony in support of      SB 969 noting the shared state-county services (EXHIBIT I, Page 3).

206

Linda Modrell

Benton County Commissioner and Chair of the Governance Steering Committee. States that AOC supports a joint state/county process for defining, directing, and funding shared services.

231

David Barenberg

League of Oregon Cities. Urges action on the bill.

239

Sen. Verger

Asks why the bill is needed.

252

Barenberg

Responds that the governor and legislative leadership have been accessible to local governments but accessibility ebbs and flows depending on who is in those positions.

270

Sen. Verger

Comments on the way it is done now.

281

Commissioner Josi

Comments that issues today are more complex and that there are times when it works well and times when it does not.

301

Sen. B. Starr

Concurs with Sen. Verger and does not believe a council is needed to do this.

316

Chair Shields

Agrees that times are changing and with limited resources some people want to run from the conversation. Believes it is a worthwhile bill.

345

Sen. George

Comments that what he hears from the local level is that there is not a partnership attitude.

370

Sen. B. Starr

States it is a sad commentary that a bill needs to be passed to force people to have a conversation.

391

Sen. Verger

States that people need to get together to discuss things. States that AOC and LOC need to address this and not have this done legislatively.

393

Chair Shields

Closes the public hearing on SB 969 and opens the work session on   SB 969.

SB 969 – WORK SESSION

413

Sen. Walker

MOTION:  Moves SB 969 to the floor with a DO PASS recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

419

 

VOTE:  3-2-0

AYE:               3 - George, Walker, Shields

NAY:               2 - Starr B., Verger

 

Chair Shields

The motion CARRIES.

426

Chair Shields

Closes the work session on SB 969 and opens the public hearing on    SB 660.

SB 660 – PUBLIC HEARING

429

Judith Callens

Committee Administrator. Explains the provisions of SB 660.

439

Burton Weast

Legislative Director, Special Districts Association of Oregon. Submits prepared testimony in support of SB 660 (EXHIBIT J) which outlines the requirements for a citizen petition to create a special district. States the purpose of the bill is to clarify the law.

469

Roger Raven

Harrisburg City Counselor. States support for SB 660 and summarizes testimony regarding the formation of a special district              (EXHBIT J, Page 3).

TAPE 57, B

044

Raven

States for the record that Clackamas County has proposed an amendment and he is willing to support it on the House side.

045

Sen. B. Starr

Clarifies that this would limit the authority a county has to go beyond the 20 requirements.

050

Raven

Responds that current law is confusing. Believes that citizens have a right to know what issues are suppose to be addressed when drafting and putting together a petition.

097

Roger Halbert

Clackamas River Water. Testifies in opposition to SB 660 as written because it could erode planning that is in the best interest of a county.

137

Jonathan Mantay

Clackamas County Administrator. States opposition to the bill in its current form. Believes that the county should have reasonable ability to apply standards allowed in current law.  

146

Sen. Verger

Cautions to be careful of restricting the flexibility that counties have.

160

Weast

States the intent of the bill is to clarify to citizens and the county what factors are to be considered. Explains what the proposed amendment clarifies. 

191

Sen. George

Refers to the decision by Judge Murphy (EXHBIT J, Page 3) and confirms that regardless of what happens the decision will be made by the voters. Inquires if are they any exceptions to that.

197

Weast

Responds that under current statute, and the bill,  decisions can not go to the voters unless the county commissioners make that determination. States the statute should be clear so everyone understands what is expected of them.

200

Sen. B. Starr

States he is comfortable sending this to the House but would rather the bill be fixed here. Comments on the deadline to consider senate bills.

260

Chair Shields

States that he working within the constraints of the deadline.

284

Chair Shields

Closes the public hearing on SB 660 and opens the work session on      SB 660.

SB 660 – WORK SESSION

288

Chair Shields

States that there is an agreement on the record for an amendment on the House side. 

293

Sen. Walker

MOTION:  Moves SB 660 to the floor with a DO PASS recommendation.

295

Sen. Verger

States for the record a concern about the county commissioners “shall.”

299

 

VOTE:  3-2-0

AYE:               3 - George, Walker, Shields

NAY:               2 - Starr B., Verger

 

Chair Shields

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

309

Chair Shields

Closes the work session on SB 660. Announces that SB 707 will not be heard. Opens the public hearing on SB 1006.

SB 1006 – PUBLIC HEARING

334

Bob Shiprack

Oregon Building Trades Council. States the intent of SB 1006 is to get more compliance with existing law. Provides examples of public contracting disasters. Explains why the Building Trades Council is supporting this bill.

499

Sen. B. Starr

Clarifies that on the bridge issue, the contractor asked the question on how to pour and it was an ODOT employee that should have done a better job.

TAPE 58, B

031

Sen. Verger

States that on the pipe line project there were safety issues and now there are funding issues that the taxpayers have to make up.

043

Jessica Adamson

Associated General Contractors. Testifies in opposition because agencies have the tools to indicate what determines a good contractor and there are legitimate reasons why contractors may have an issue. Concludes that the vast majority of contractors are not the problem, agencies need to exercise due diligence.

094

Sen. Verger

Comments that the company that was hired in Coos Bay had a number of lawsuits against them that no one knew about when the contract was awarded. Asks if this bill would have helped inform the agency.

101

Adamson

Answers that there are a lot of contractors that do a great job. States agencies have the responsibility to ask the hard questions not rely on a form.

127

Sen. George

States that the bill does not clearly define unsatisfactory performance.

135

Adamson

Responds that this law is primarily used for large projects and not the day to day contracts that agencies enter into. States the law needs to be specific and exercised by the agencies. 

150

Jon Oshel

County Road Program Manager, Associated Oregon Counties. Submits a prepared statement in support of the concept but believes it does not solve the problem (EXHIBIT K). Suggests that the criteria be defined noting there is no definition for “unsatisfactory”  “record of integrity” or “ record of performance.”

210

Sen. George

Refers to written testimony submitted by the League of Oregon Cities (EXHIBIT L) noting the check list agencies have when determining the lowest bidder.

222

Sen. B. Starr

Asks if the contacting community should hold the contracting agencies accountable.

225

Adamson

Responds there are contractors in second low bidder position that have the right to a bid protest.

263

Jerod Broadfoot

National Electrical Contractors Association, The Plumbing and Mechanical Contractors Association and Sheet Metal & Air Conditioning Contractors National Association. States that this is a form to ensure compliance.  

285

Dan Gardner

Commissioner Bureau of Labor and Industries (BOLI). Submits prepared testimony in support of SB 1006 (EXHIBIT M). Adds that BOLI is willing to work with all parties to set up rules that will work with everyone.

314

Sen. B. Starr

Asks would this be required for every contract that moves through the process.

326

Gardner

Responds that the process would have to be set up in rule.

330

Sen. B. Starr

Expresses concern regarding opposition to the bill, time limitations, fiscal questions and additional paperwork costs.

406

Sen. George

Asks what are the benefits of this form to BOLI.

407

Gardner

Responds that the benefit is the ability to respond when there is public comment on a contractor.

440

Chair Shields

Closes the public hearing on SB 1006 and opens the work session on SB 1006.

TAPE 59, A

SB 1006 – WORK SESSION

005

Sen. B. Starr

MOTION:  Moves SB 1006 to the floor with a DO PASS recommendation.

009

Sen. B. Starr

States that he is not totally comfortable with the bill and will continue to work with the proponents and opponents on the bill.

033

 

VOTE:  4-1-0

AYE:               4 - Starr B., Verger, Walker, Shields

NAY:               1 - George

 

Chair Shields

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

037

Chair Shields

Closes the work session on SB 1006 and opens the work session on   SB 316.

SB 316 – WORK SESSION

042

Judith Callens

Explains the provisions of SB 316 and informs that the fiscal on the -1 amendments (EXHIBIT N) is not yet available. Recommends carrying the bill over until Thursday to consider the fiscal if the committee wants to consider the -1 amendments.

060

Chair Shields

States that he does not want to hold the bill. Says that the bill could come back before the committee depending upon the outcome of the fiscal.

084

Sen. George

States support for the concept behind the bill.

111

Chair Shields

Asks if this bill will require 120 agencies to adopt rules.

112

Lydia Muniz

Governor’s Advocate for Women and Emerging Small Businesses.  States the bill impacts only those agencies using the state’s electronic purchasing system. Offers that if a fiscal impact comes back that requires the bill to be referred to the Committee on Ways and Means suggests a second amendment identifying a process.

131

Chair Shields

Asks Sen. B. Starr if that is acceptable.

135

Callens

States that as done before, if the fiscal comes back with more than a minimal fiscal impact it could come back to the committee. States the other alternative is to pass it out without an amendment.

145

Sen. Verger

Asks who is the department.

148

Callens

Answers Department of Administrative Services.

150

Sen. Verger

Comments that “each agency shall adopt rules” may lead to the impression of a strong fiscal impact.

158

Sen. B. Starr

Suggests amending the bill with the proposed language by conceptually striking “adopt rules” and inserting “create a process.”

167

Callens

Refers to line 12 of the bill and states the amendment would strike “the department” and insert “each agency”, leave “shall” strike “adopt rules in consultation with the advocate to” so it reads “each agency shall establish a process and timeline for providing the notice and information required.”

181

Sen. B. Starr

Suggests “each agency shall”, strike “adopt rules” insert a comma “in consultation with the advocate” strike “to” “establish a process.”

189

Sen. George

Inquires about the authority for a conceptual amendment.

190

Callens

Answers it is the prerogative of the chair whether to go forward.

193

Chair Shields

Asks Sen. B. Starr to read line 12 as proposed.

198

Sen. B. Starr

Reads, “each agency shall, in consultation with the advocate, establish a process and timeline for …”

206

Sen. B. Starr

MOTION:  Moves to AMEND SB 316 on page 1, in line 12, before "shall," delete “The department” and insert "Each agency," and after "shall," delete “adopt rules” and after “advocate,” delete “to” and change “timelines” to “timeline”.

208

 

VOTE:  4-0-1

EXCUSED:  1 - Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

216

Sen. B. Starr

MOTION:  Moves to ADOPT SB 316-1 amendments dated 3/8/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

221

Sen. B. Starr

MOTION:  Moves SB 316 to the floor with a DO PASS AS CONCEPTUALLY AMENDED recommendation.

231

 

VOTE:  4-0-1

AYE:               4 - George, Starr B., Verger, Shields

EXCUSED:     1 - Walker

 

Chair Shields

The motion CARRIES.

SEN. GORDLY will lead discussion on the floor.

239

Chair Shields

Closes the work session on SB 316 and opens the work session on     SB 402.

SB 402 – WORK SESSION

240

Judith Callens

Committee Administrator. Reviews the provisions of SB 402 and the -2 amendments (EXHIBIT O). Discusses the revenue impact statement.

268

Sen. Verger

Asks why a water district would not file a lien against a delinquent account.

291

Chair Shields

Temporarily closes the work session on SB 402. Opens the work session on SB 420.

SB 420 – WORK SESSION

301

Judith Callens

Committee Administrator. Reviews the provisions of SB 420 and the -2 amendments (EXHIBIT P).

323

Chair Shields

States the reasons why he wants to refer SB 420 the Committee on Ways and Means without the -2 amendments.

340

Sen. Verger

Comments that this is why League of Oregon Cities is not here opposing the bill. States that she received a note from Senator Morse that the funding is being worked on.

340

Sen. B. Starr

Comments that he has had a conversation with both Senators Morse and Johnson. Expresses concern and objection to both the policy and the funding issues being discussed in the Committee on Ways and Means and states support for moving the bill only for the reason of the upcoming deadline.

343

Sen. Verger

Concurs with Sen. B. Starr that all substantive policy should be discussed in committee. States that the problem is that he proposal is not ready.

390

Sen. B. Starr

States that this bill is about reforming Government Standards and Practices Commission (GSPC), where it is located, who it reports to and how it is funded.

408

Chair Shields

States the bill deals with the ethics by which they are bound.

430

Chair Shields

Closes the work session on SB 420. Opens the work session on SB 557.

SB 557 – WORK SESSION

435

Judith Callens

Committee Administrator. Reviews the provisions of SB 557 and the -1 amendments.

 

Written testimony submitted with the -1 amendments by Senator Bill Morrisette (EXHIBIT Q) without public testimony.

494

Sen. B. Starr

MOTION:  Moves to ADOPT SB 557-1 amendments dated 3/18/05.

499

 

VOTE:  4-0-1

EXCUSED:  1 - Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

504

Sen. Starr

MOTION:  Moves SB 557 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

5087

 

VOTE:  4-0-1

EXCUSED:  1 - Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

508

Chair Shields

Closes the work session on SB 557 and reopens the work session on  SB   402.

SB 402 – WORK SESSION

TAPE 60, A

003

Sen. Verger

Asks why a water district would not file a lien against a delinquent account.

004

Sen. Westlund

Senate District 27. Responds that it is an option. Explains his concern is for the smaller water districts where cash flow is an issue.

015

Sen. Verger

Asks how would small water districts collect.

017

Sen. Westlund

Responds through the property tax bill.

020

Sen. Verger

Confirms it would be through the assessor.

021

Sen. Westlund

Responds affirmatively.

025

Sen. George

Expresses concern about it being levied on the property tax.

040

Sen. B. Starr

Asks what was the impetus for this bill.

041

Sen. Westlund

Responds the primary concern is for small water districts and the cash flow of those districts. This does not preclude current collection means but it does insure that they get paid eventually.

065

Sen. B. Starr

MOTION:  Moves to ADOPT SB 402-2 amendments dated 4/1/05.

068

 

VOTE:  3-1-1

AYE:               3 - Starr B., Verger, Shields

NAY:               1 - George

EXCUSED:     1 – Walker

 

Chair Shields

The motion CARRIES.

070

Sen. B. Starr

MOTION:  Moves SB 402 to the floor with a DO PASS AS AMENDED recommendation.

113

Sen. Walker

Notes the question regarding the impact on lower incomes. Asks what the counties’ position is.

115

Sen. Westlund

Responds that the counties’ objections were addressed with the -2 amendments (EXHIBIT O).

120

 

VOTE:  4-1-0

AYE:               4 - Starr B., Verger, Walker, Shields

NAY:               1 – George

 

Chair Shields

The motion CARRIES.

SEN. WESTLUND will lead discussion on the floor.

125

Chair Shields

Closes the work session on SB 402 and opens the work session on        SB 562.

SB 562 – WORK SESSION

137

Judith Callens

Committee Administrator. Reviews the provisions of SB 562, the -1 amendments (EXHIBIT R),and the -2 amendments (EXHIBIT S).

151

Sen. Verger

Relays that a note from League of Oregon Cities states they are neutral on the bill but that public safety people have expressed concerns that it will take money away from homeland security grants.

199

Sen. Walker

Recalls that it was once thought to encompassed too much and thought it would be better to restrict it to schools. Suggests that it be limited to high schools.

202

Sen. Verger

Speculates the cost would be huge.

204

Chair Shields

Notes that money would not be appropriated but it would allow them the solicit for the funds.

236

Sen. George

States it could be very complex.

239

Sen. B. Starr

States they should be looking for programs to cut not create new ones in this budget environment.

254

Sen. Kate Brown

Senate District 21. Explains the bill was introduced for the safety of students in schools giving law enforcement a tool. Suggests sending it to the Committee on Ways and Means.

270

Sen. Verger

States there is no money for a full mapping system through Oregon Emergency Management.

278

Sen. Brown

Explains that this would allow local communities to access federal dollars.

286

Sen. Verger

Notes that the LOC position was it would take away homeland security grants.

291

Sen. Brown

Clarifies it would allow people the ability to access dollars that they would not have the authority to access.

297

Hans Bernard

Legislative Assistant to Senator Kate Brown. Explains that the intent of the bill is to narrow the scope only to schools allowing Oregon Emergency Management to apply for grants that were school specific and not necessarily Homeland Security money.

305

Sen. B. Starr

Asks if the intent is to use federal funds and not state funds.

308

Sen. Brown

Answers affirmatively.

328

Sen. Walker

MOTION:  Moves to ADOPT SB 562-1 amendments dated 3/17/05.

334

 

VOTE:  5-0-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

335

Sen. Walker

MOTION:  Moves to ADOPT SB 562-2 amendments dated 3/24/05.

337

 

VOTE:  5-0-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

341

Sen. Walker

MOTION:  Moves SB 562 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

350

 

VOTE:  5-0-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

351

Chair Shields

Closes the work session on SB 562 and opens the work session on      SB 589.

SB 589 – WORK SESSION

385

Judith Callens

Committee Administrator. Reviews the provisions of SB 589 and the fiscal impact statement.

397

Chair Shields

Asks if Oregon Liquor Control Commission (OLCC) supported this bill when it was originally heard.

440

Sen. Verger

Recalls the testimony was about grocery store personnel selling to minors.

442

Sen. B. Starr

States the concern was the that the bill creates a new unlawful employment practice. Adds there was concern from the off premises dealers that it would undermine the zero tolerance policy.

455

Chair Shields

Comments on the training and states that the question is whether you retain your job if one mistake is made.

TAPE 59, B

055

Sen. Walker

Explains why she likes the bill.

056

Chair Shields

Explains why he likes the bill.

096

Sen. Verger

Discuses the responsible vendor program as a protection. Expresses this is the tip of the iceberg in getting minors not to drink.

124

Sen. Walker

MOTION:  Moves SB 589 to the floor with a DO PASS recommendation and REQUESTING REFERRAL to the Committee on Ways and Means.

130

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice- Chair George

Hearing no objection, declares the motion CARRIED.

137

Vice-Chair George

Closes the work session on SB 589 and opens the work session on      SB 690.

SB 690 – WORK SESSION

138

Judith Callens

Reviews the provisions of SB 690 and the -1 amendments         (EXHIBIT T).

161

Sen. B. Starr

MOTION:  Moves to ADOPT SB 690-1 amendments dated 3/23/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

 

165

Sen. B. Starr

Inquires about the fiscal.

167

Tamara Brinkman

Legislative Coordinator Oregon Employment Department. States there is no fiscal impact on the Employment Department’s budget.

174

Sen. B. Starr

MOTION:  Moves SB 690 to the floor with a DO PASS AS AMENDED recommendation.

178

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

180

Vice-Chair George

Closes the work session on SB 690 and opens the work session on         SB 706.

SB 706 – WORK SESSION

188

Judith Callens

Reviews the provisions of the bill and the -4 amendments           (EXHIBIT U).

194

Dan Gardner

Commissioner Bureau of Labor and Industries. Refers to page four, lines 5 and 12 proposes conceptually changing the word “use” to “access” in addition to the -4 amendments.

217

Callens

Clarifies the conceptual amendment being proposed is on page four, line 5 and line 12 of the -4 amendments.

227

Sen. B. Starr

Refers to the concern of the realtors regarding “facially neutral” and asks if this has been resolve by the amendments.

232

Gardner

Answers affirmatively.

238

Sen. B. Starr

MOTION:  Moves to AMEND SB 706 – 4 amendments dated 4/5/05 on page 4, in line 5 and line 12, delete “use” and insert "access".

 

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

263

Sen. B. Starr

MOTION:  Moves to ADOPT SB 706-4 amendments as CONCEPTUTALLY AMENDED.

 

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

270

Sen. B. Starr

MOTION:  Moves SB 706 to the floor with a DO PASS AS AMENDED recommendation.

272

Sen. Verger

Asks about architectural barriers not being in the relating clause.

288

Annette Talbott

Deputy Commissioner, Bureau of Labor and Industries. Clarifies that in the keeping with the federal fair housing act it is included in the definition of “housing discrimination”.

270

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. CARTER will lead discussion on the floor.

314

Vice-Chair George

Closes the work session on SB 706 and opens the work session on         SB 817.

SB 817 – WORK SESSION

323

Judith Callens

Committee Administrator. Explains the provisions of SB 817 and the -1 amendments (EXHIBIT V).

333

Kenneth Murphy

Director, Oregon Emergency Management. Available to address questions.

320

Vice-Chair George

Asks if he supports the -1 amendments.

340

Murphy

Answers affirmatively.

347

Sen. B. Starr

Notes that there are blanks in the bill.

352

Murphy

Explains that the majority of this will be probably be funded by Homeland Security.

359

Sen. B. Starr

MOTION:  Moves to ADOPT SB 817-1 amendments dated 4/5/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

364

Sen. B. Starr

MOTION:  Moves SB 817 to the floor with a DO PASS AS AMENDED recommendation and REQUESTING REFERRAL to the Committee on Ways and Means.

370

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

372

Vice-Chair George

Closes the work session on SB 817 and adjourns the meeting at 6:25 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 498, -1 amendments, staff, 1 p
  2. SB 498, -3 amendments, staff, 1 p
  3. SB 498, -4 amendments, staff, 1 p
  4. SB 150, -2 amendments, staff, 2 pp
  5. SB 150, prepared testimony, Dan Gardner, 8 pp
  6. SB 150, prepared testimony, Connie Ashbrook, 1 p

G. SB 638, prepared testimony, Senator Ryan Deckert, 1 p

H. SB 638, prepared testimony, Susan Wilson, 2 pp

I. SB 969, prepared testimony, Commissioner Tim Josi, 3 pp

J. SB 660, prepared testimony, Burton Weast, 5 pp

K. SB 1006, prepared testimony, Jon Oshel, 1 p

L. SB 1006, prepared testimony, League of Oregon Cities, 1 p

M. SB 1006, prepared testimony, Dan Gardner, 1 p

N. SB 316, -1 amendments, staff, 1 p

O. SB 402, -2 amendments, staff, 1 p

P. SB 420, -2 amendments, staff, 1 p

     Q. SB 557, written testimony and -1 amendments, Senator Bill Morrisette, 3 pp

R. SB 562, -1 amendments, staff, 1 p

S. SB 562, -2 amendments, staff, 2 pp

T. SB 690, -1 amendments, staff, 2 pp

U. SB 706, -4 amendments, Senator Margaret Carter, 4 pp

V. SB 817, -1 amendments, Senator Rick Metsger, 4 p