SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 19, 2005                                                                                                         Hearing Room B

3:30 P.M.                                                                                                                      Tapes 63 - 64

 

MEMBERS PRESENT:         Sen. Gary George, Vice-Chair

Sen. Bruce Starr

Sen. Joanne Verger

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Frank Shields, Chair

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 471 – Public Hearing and Work Session

                                                HB 2119A – Public Hearing and Work Session

                                                HB 2053 – Public Hearing and Work Session

                                                HB 2030A – Public Hearing and Work Session

                                                HB 2092A – Public Hearing and Work Session

                                                HB 2118 – Public Hearing and Work Session

                                                HB 2192A – Public Hearing and Work Session

                                                HB 2216A – Public Hearing and Work Session

                                                HB 2219 – Public Hearing and Work Session

                                                HB 2253 – Public Hearing and Work Session

                                                HB 2259 – Public Hearing and 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 63, A

004

Vice-Chair George

Calls the meeting to order at 3:31 p.m. and opens a public hearing on SB 471.

SB 471 – PUBLIC HEARING

006

Judith Callens

Committee Administrator. Reviews the provisions of SB 471.

015

Vice-Chair George

Closes the public hearing on SB 471 and opens the work session on   SB 471.

SB 471 – WORK SESSION

021

Sen. B. Starr

MOTION:  Moves SB 471 to the floor with a DO PASS recommendation.

025

 

VOTE:  3-0-2

EXCUSED:  2 - Walker, Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. MORSE will lead discussion on the floor.

026

Vice-Chair George

Closes the work session on SB 471 and opens the public hearing on HB 2119A.

HB 2119A – PUBLIC HEARING

037

Judith Callens

Committee Administrator. Reviews the provisions of HB 2119A.

044

Gary Lynch

Assistant Director, Oregon Department of Geology and Mineral Industries (DOGAMI). Submits prepared testimony in support of      HB 2119A and reviews the concerns addressed in the bill        (EXHIBIT A).

082

Sen. Verger

Asks how these emergencies are dealt with now.

084

Lynch

Responds decisions have allowed rock to be removed without a permit or allow the damage to occur. Adds this bill is the legal mechanism to deal with the issue.

095

Sen. Verger

Asks about the temporary permits.

096

Lynch

Explains that in certain circumstances a temporary permit could be issued.

109

Sen. Verger

Comments on American Bridge in her district.

128

Lynch

Responds that aggregate is fundamental to the Oregon economy.

132

Sen. B. Starr

Refers to the House amendment that removed a list of items that would be required in the annual report and substituted with the rule making process.

145

Lynch

Responds the consensus of the work group determined there was not sufficient data to identify potential impacts of mining and how much disturbance occurs.

164

Sen. B. Starr

Confirms that the work group did not help draft the original bill. Asks what will the rule making process cost the agency.

169

Lynch

Answers it is a minimal fiscal impact and easily addressed within current budget.

181

Sen. B. Starr

Asks is there an average cost to rule making.

189

Lynch

Responds that it varies but estimates this to be a few thousand dollars.

193

Vice-Chair George

Refers to the accumulation of rock in the mid-Willamette. Refers to in- stream harvesting and asks what the federal position is.

200

Lynch

Responds that in-stream mining/dredging is a controversial subject even within the federal agencies. The gray zone is the high water mark and the two year flood plain.

213

Rich Angstrom

Oregon Concrete Aggregate Producers Association. Testifies that the Association is in support of HB 2119A. 

244

Vice-Chair George

Closes the public hearing on HB 2119A and opens the work session on HB 2119A.

HB 2119A – WORK SESSION

249

Sen. B. Starr

MOTION:  Moves HB 2119A to the floor with a DO PASS recommendation.

251

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

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

257

Vice-Chair George

Closes the work session on HB 2119A and opens public hearing on   HB 2053.

HB 2053 – PUBLIC HEARING

263

Judith Callens

Committee Administrator. Reviews the provisions of HB 2053.

269

John Fletcher

Policy Analyst and Legislative Coordinator, Oregon Housing and Community Services (OHCS). Submits prepared testimony in support of HB 2053 (EXHIBIT B) and reviews the changes the bill makes.

314

Ralph Brown

Chair Oregon Commission for Voluntary Action. Submits and reads prepared testimony in support of HB 2053 (EXHIBIT C) explaining the two primary reasons for requesting the bill.

447

Vice-Chair George

Closes the public hearing on HB 2053 and opens the work session on HB 2053.

HB 2053 – WORK SESSION

453

Sen. Walker

MOTION:  Moves HB 2053 to the floor with a DO PASS recommendation.

458

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

461

Vice-Chair George

Closes the work session on HB 2053 and opens the public hearing on HB 2030A.

HB 2030A – PUBLIC HEARING

023

Judith Callens

Committee Administrator. Explains the provisions of HB 2030A.

TAPE 64, A

042

Deborah DeLong

County Clerk, Malheur County. Supports HB 2030A and state the County Clerks Association endorse the bill.

070

Darren Bond

Director of Finance, Oregon State Treasury.  Submits and summarizes prepared testimony in support of HB 2030A (EXHIBIT D).

105

Sen. Walker

Notes that the Department of Revenue was taken out of the bill on the House side and comments on sending kicker checks out by Automated Clearing House (ACH).

119

Bond

Responds that the concern was if an electronic payment is made, rule allows that payment to be accessed and reversed. Defers further clarification to the Department of Revenue.

142

Sen. Walker

Comments on the significance of the savings by sending checks out ACH.

144

Bond

Informs that it cost approximately $1 million per kicker.

149

Sen. Verger

Inquires about the amended language regarding penalties.

162

Bond

Answers there was no provision in the bill that there could be a penalty but the county clerks expressed concern. The amended language clarifies this point.

160

Sen. Verger

States in her district there are many retirees. Opposes penalizing people without computers or who are not computer literate or who may not prefer this method of money transfer.

182

Sen. Walker

Clarifies it is a debit card.

186

Bond

Explains that if a person does not have a bank account or chooses not to have direct deposit they would be assigned a debit card. The card can be taken to any bank and redeemed free of charge. The choice is the individuals. Adds that Oregon has a large non-bank population.

218

Sen. Walker

Notes that not being charged by a third party to have a check cashed is the benefit to the non-bank population.

245

Vice-Chair George

Closes the public hearing on HB 2030A and opens the work session on HB 2030A.  

HB 2030A – WORK SESSION

251

Sen. Walker

MOTION:  Moves HB 2030A to the floor with a DO PASS recommendation.

252

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

262

Sen. Verger

States a courtesy vote but reserves the right to change her vote on the floor.

267

Vice-Chair George

Closes the work session on HB 2030A and opens the public hearing on HB 2092A.

HB 2092A – PUBLIC HEARING

270

Judith Callens

Committee Administrator. Explains the provisions of the bill.

302

W. Peter Sommerfeld

Associate Director of Planned Giving, Oregon Health and Science University Foundation (OHSU). Submits and reads prepared testimony on charitable gifts (EXHIBIT E).

332

John McDonald-O’Lear

Director of Development at Marylhurst University and President Northwest Planned Giving Roundtable. Submits prepared testimony in support of HB 2092A (EXHIBIT F).

342

Sharon Kloss Hogan

Director of Planned Giving Oregon State University Foundation. Submits prepared testimony in support of HB 2092A (EXHIBIT G).

348

Sen. Verger

Clarifies there are safety nets for those who want to give charitable gifts.

411

Joel Ario

Administrator, Insurance Division, Department of Consumer and Business Services (DCBS). Submits prepared testimony in support of HB 2092A (EXHIBIT H).

TAPE 63, B

010

Vice-Chair George

Closes the public hearing on HB 2092A and opens the work session on HB 2092A.

HB 2092A – WORK SESSION

012

Sen. B. Starr

MOTION:  Moves HB 2092A to the floor with a DO PASS recommendation.

015

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

018

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

020

Vice-Chair George

Closes the work session on HB 2092A and opens the public hearing on HB 2118.

HB 2118 – PUBLIC HEARING

024

Judith Callens

Committee Administrator. Reviews the provisions of the bill.

037

Jim Scheppke

State Librarian. Submits and summarizes prepared testimony in support of HB 2118 (EXHIBIT I) explaining the need for the bill to address concerns about digital copies of historical documents never getting printed.

080

Mike Freese

Deputy Chief Information Officer and State Printer. Testifies that the class of documents are “born digital” and die digital. This bill helps solve documents being created and disappearing without any record of them. Adds this also makes use of the existing e-format.

094

Sen. Verger

Asks what if the grant does not come through.

096

Scheppke

Explains they are hopeful and will be sending staff for training. Adds that if the grant is denied they will forge ahead anyway.

107

Sen. Verger

Asks what is the total cost of creating the depository.

109

Freese

Explains the cost is in the planning and implementation work. There is no need to buy additional hardware or software and in time with its success the need for storage will be added.

127

Vice-Chair George

Asks if that is electronic storage.

129

Freese

Answers affirmatively.

130

Vice-Chair George

Closes the public hearing on HB 2118 and opens the work session on HB 2118.

HB 2118 – WORK SESSION

134

Sen. Walker

MOTION:  Moves HB 2118 to the floor with a DO PASS recommendation.

136

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

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

137

Vice-Chair George

Closes the work session on HB 2118 and opens the public hearing on HB 2192A.

HB 2192A – PUBLIC HEARING

144

Judith Callens

Committee Administrator. Explains the provisions of the bill and the fiscal impact.

169

Vice-Chair George

Confirms that none of the troops will have less coverage.

187

Callens

Responds there is a distinction between the active guard reserve program and the Oregon National Guard and Reservist. The fiscal applies to spouse or children.

202

Sen. B. Starr

Comments that based on the fiscal statement this should be referred to the Committee on Ways and Means.

219

Callens

Reviews the fiscal statement savings and costs.

241

Vice-Chair George

Temporarily closes the public hearing on HB 2192A and opens public hearings on HB 2216A and HB 2219.

HB 2216A AND HB 2219 – PUBLIC HEARING

259

Judith Callens

Reviews the provisions of HB 2216A and HB 2219.

278

Marilynn Odell

Senior Assistant Attorney General, Civil Recovery Section. Submits prepared testimony in support of HB 2216A and HB 2219      (EXHIBIT J).

349

Odell

Reviews the technical fix in HB 2219 regarding unlawful trade practices.

374

John Brenneman

Manufactured Housing Communities of Oregon. Testifies that there was concern from park owners that they would need a contracting license for ordinary maintenance.  

400

Sen. Verger

Declares a potential conflict of interest.

414

Vice-Chair George

Asks for confirmation that park owners will not have to get a contractors license for routine maintenance.

416

Odell

Responds affirmatively and states this is addressed on page three (EXHIBIT J).

434

Vice-Chair George

Closes the public hearing on HB 2216A and HB 2219 and opens the work session on HB 2216A.

HB 2216A – WORK SESSION

435

Sen. B. Starr

MOTION:  Moves HB 2216A to the floor with a DO PASS recommendation.

442

 

VOTE:  3-0-2

EXCUSED:  2 - Walker, Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

456

Vice-Chair George

Closes the work session on HB 2216A and opens the work session on HB 2219.

HB 2219 – WORK SESSION

458

Sen. B. Starr

MOTION:  Moves HB 2219 to the floor with a DO PASS recommendation.

460

 

VOTE:  3-0-2

EXCUSED:  2 - Walker, Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

481

Vice-Chair George

Closes the work session on HB 2219 and opens a public hearing and work session on HB 2192A.

HB 2192A – PUBLIC HEARING AND WORK SESSION

478

Vice-Chair George

States that the question is should the bill go to the Committee on Ways and Means because of a fiscal in the range of $150,000.

485

John Borden

Legislative Fiscal Office. Explains this bill would not have to go to the Committee on Ways and Means because it cannot be ascertained what agencies the employees are with and what budgets are impacted.

TAPE 64, B

067

Sen. Verger

States the purpose is to avoid double coverage. Asks is this an extension from 12 to 24 months for those just called up into service.

078

Borden

Answers affirmatively.

085

Sen. B. Starr

MOTION:  Moves HB 2192A to the floor with a DO PASS recommendation.

088

 

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.

100

Vice-Chair George

Closes the work session on HB 2192A and opens the public hearing on HB 2253.

HB 2253 – PUBLIC HEARING

108

Judith Callens

Committee Administrator. Explains the provisions of HB 2253.

114

Sen. Verger

Comments that this could have been in the scribers bill.

122

Vice-Chair George

Closes the public hearing on HB 2253 and opens the work session on HB 2253.

HB 2253 - WORK SESSION

124

Sen. Walker

MOTION:  Moves HB 2253 to the floor with a DO PASS recommendation.

126

 

VOTE:  4-0-1

EXCUSED:  1 – Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

127

Vice-Chair Walker

Closes the work session on HB 2253 and opens the public hearing on HB 2259.

HB 2259 – PUBLIC HEARING

131

Judith Callens

Committee Administrator. Explains the provisions of HB 2259.

133

Vice-Chair George

Closes the public hearing on HB 2259 and opens the work session on HB 2259.

HB 2259 – WORK SESSION

162

Sen. Walker

MOTION:  Moves HB 2259 to the floor with a DO PASS recommendation.

163

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

168

Callens

Relays a message from Chair Shields regarding the SAIF bills posted for work session on Thursday.

166

Vice-Chair George

Closes the work session on HB 2259.

204

Vice-Chair George

Adjourns the meeting at 5:15 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2119A, prepared testimony, Gary Lynch, 2 pp
  2. HB 2053, prepared testimony, John Fletcher, 1 p
  3. HB 2053, prepared testimony, Ralph Brown, 5 pp
  4. HB 2030A, prepared testimony, Darren Bond, 2 pp
  5. HB 2092A, prepared testimony, W. Peter Sommerfeld, 4 pp
  6. HB 2092A, prepared testimony, John McDonald O’Lear, 1 p
  7. HB 2092A, prepared testimony, Sharon Kloss Hogan, 2 pp
  8. HB 2092A, prepared testimony, Joel Ario, 3 pp
  9. HB 2118, prepared testimony, Jim Scheppke, 2 pp
  10. HB 2216 and HB 2219, prepared testimony, Marilynn Odell, 4 pp