SENATE COMMITTEE ON RULES

 

 

May 26, 2005                                                                                                          Hearing Room B

3:00 P.M.                                                                                                                      Tapes 84 - 85

Corrected 10/27/05

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Brittany Kenison, Committee Assistant

 

MEASURE/ISSUES HEARD:          

SCR 9 – Public Hearing and Work Session

HB 2189A – Public Hearing

SB 1028 – 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 84, A

003

Chair Brown

Calls the meeting to order at 3:09 p.m.  Opens a public hearing and work session on SCR 9.  Notes that they are meeting as a sub committee.

SCR 9 –PUBLIC HEARING AND WORK SESSION

015

Tiffany Harris

Committee Administrator.  Presents an overview of SCR 9.  Submits article from The Register-Guard, entitled “Clay Myers, Oregonian: Can we recapture his optimism?” (EXHIBIT A).

020

Chair Brown

Discusses article.

Note: The committee is now meeting as a full committee.

023

Carolyn Lindback

Daughter of Clay Myers.  Testifies in support of SCR 9.

032

Sen. Ringo

Shares his support of SCR 9.

040

John Lindback

Son-in-Law of Clay Myers.  Testifies in support of SCR 9.

065

Sen. Shields

Shares his experience with Clay Myers.

070

Chair Brown

MOTION:  Moves SCR 9 be sent to the floor with a BE ADOPTED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CARTER will lead discussion on the floor.

077

Chair Brown

Closes the public hearing and work session on SCR 9.  Opens a public hearing on HB 2189A.

 

HB 2189A – PUBLIC HEARING

080

Tiffany Harris

Committee Administrator.  Presents an overview of HB 2189A and submits the –A2 amendments (EXHIBIT B) and the –A3 amendments (EXHIBIT C).

090

BethAnne Darby

Oregon Education Association. Member, Public Employees Retirement System (PERS) Coalition.   Testifies in support of HB 2189A.

105

Robert Duehmig

Representative, Oregon Health and Science University (OHSU).  Testifies in support of HB 2189A.

125

Darby

Explains the -A3 amendments to HB 2189A.

164

Chair Brown

Ask Darby to explain the phrase “geographical distinctions,” as used in the bill.

165

Darby

Responds.  Continues to explain the –A3 amendments.

187

Chair Brown

Asks if the amendments will resolve the community colleges issue regarding PERS.

190

Darby

Responds, yes.

195

Jim Green

Oregon School Board Association.  Public Employees.  Testifies in support of HB 2189A with the –A2 amendments and the –A3 amendments.  Provides additional explanation of the Chair’s question.  Discusses the issue of part-time employees under PERS.

236

Chair Brown

Clarifies that Darby and Green were speaking to the -A3 amendments and Duehmig was speaking to the –A2 amendments.

245

Sharon McKeehan

Oregon Department of Administrative Services (DAS).  Submits and presents written testimony in support of HB 2189A (EXHIBIT D).

280

Chair Brown

States that a work session will not be held today. Closes the public hearing on HB 2189A and opens a work session on SB 1028.

SB 1028 – WORK SESSION

 

Tiffany Harris

Committee Administrator.  Submits the -3 amendments (EXHIBIT E), the -4 amendments (EXHIBIT F), and the -5 amendments (EXHIBIT G) to SB 1028.

285

Brendan McCarthy

Legislative Counsel Office.  Provides an explanation of the -5 amendments.

337

Sen. Ringo

Asks McCarthy which section he is referring to regarding waterway obstructions.

340

McCarthy

Answers that it is page 7, section 7, subsection 2 of the -5 amendments to SB 1028.  Continues to explain the -5 amendments to SB 1028.

375

Chair Brown

Asks to clarify that lakes, such as Lake Oswego, are not included in the bill.

379

McCarthy

Responds.

385

Sen. Ringo

Asks about the impact of natural lakes.

387

McCarthy

Responds.

397

Sen. Ringo

Asks for clarification regarding the navigability of rivers and streams.

400

McCarthy

Responds.

408

Sen. Shields

Asks if the bill will restrict public access.

415

McCarthy

Responds.

435

Inga Deckert

Director, Legislative and Public Affairs, Oregon State Treasury.  Asks Sen. Shields to clarify “access.”

447

Sen. Shields

Responds.

450

Deckert

Responds to Sen. Shields question regarding public access.

TAPE 85, A

020

McCarthy

Provides further information regarding Sen. Shield’s concern of public access.

027

Sen. Shields

Discusses the issue of fairness for public access in the bill.

033

Chair Brown

States that the opinion of fairness is subjective.  Asks McCarthy to comment.

038

McCarthy

Responds to the Chair’s statement.

045

Sen. Ringo

Asks for clarification of the phrase “at any time” and “floatable” used in the bill.

058

McCarthy

Responds.

060

Sen. Ringo

Asks McCarthy to define “ephemeral.”

061

McCarthy

Responds.

065

Sen. Ringo

Clarifies the term “floatable.”

069

McCarthy

Responds.

078

Sen. Ringo

Refers to page two (2) of SB 1028.  Asks if the State Land Board can reduce the public access.

085

Deckert

Responds.

097

Sen. Ringo

Asks a question regarding restrictions and navigability.

103

Deckert

States that she is unaware of the State Land Board’s restrictions.

111

McCarthy

Provides opinion regarding Sen. Ringo’s question.

125

Sen. Ringo

Asks if there is a possibility for unintended restrictions of public access in the bill.

132

Deckert

Answers that it is not the intent of the bill.

145

Ernie Kuntz

Citizen, Oregon.  Testifies regarding SB 1028.

162

Chair Brown

Asks Kuntz which river he lives on.

164

Kuntz

Responds that it is the Clackamas River.  Continues testimony.

194

Chair Brown

Asks Kuntz if he knows who his legislature member is.

200

Kuntz

Believes that it is Sen. Rick Metsger.

203

Chair Brown

Advises that she contact him regarding his concerns.

208

Kuntz

Concludes testimony.

230

Chair Brown

Instructs Kuntz to leave his contact information.  Discusses recommendation from Brad Swank for fine collections.

233

Sen. Ferrioli

MOTION:  Moves to ADOPT SB 1028-5 amendments dated 5/26/05.

 

 

VOTE: 4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

237

Sen. Ferrioli

MOTION:  Moves SB 1028 AS AMENDEDto the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Budget by prior reference.

240

Sen. Ferrioli

Discusses current issues that SB 1028 with the -5 amendments will address.

335

Sen. Shields

Discusses SB 1028.

345

Sen. Atkinson

States why he opposes the bill.

410

 

VOTE:  3-1-1

AYE:               3 - Ferrioli, Shields, Brown

NAY:               1 - Atkinson

EXCUSED:     1 - Ringo

 

Chair Brown

The motion CARRIES.

412

Chair Brown

Closes the work session on SB 1028 and adjourns the meeting at 4:06 p.m. knowledgeable

 

EXHIBIT SUMMARY

 

A.     SCR 9, article, staff, 2 pp

B.     HB 2189, -A2 amendments, staff, 1 p

C.     HB 2189, -A3 amendments, staff, 30 pp

D.    HB 2189, written testimony, Sharon McKeehan, 2 pp

E.     SB 1028, -3 amendments, staff, 1 p

F.      SB 1028, -4 amendments, staff, 20 pp

G.    SB 1028, -5 amendments, staff, 17 pp