SENATE COMMITTEE ON RULES

 

 

May 31, 2005                                                                                                       Hearing Room 343

3:00 P.M.                                                                                                                      Tapes 86 - 87

 

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:          

HB 2999 – Public Hearing and Work Session

HB 3151A – Public Hearing

SB 1054 – Public Hearing and Work Session

HB 3017 – Public Hearing and Work Session

SB 1062 – Public Hearing

HB 3465 – Public Hearing and Work Session

HB 2026A – Public Hearing and Work Session

HB 2099 – Public Hearing and Work Session

HB 3219A – Public Hearing and Work Session

HB 2207 – 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 86, A

003

Chair Brown

Calls the meeting to order at 3:02 p.m.  Opens a public hearing on HB 2999 and HB 3151A. Notes that they are meeting as a sub committee.

HB 2999, HB 3151A – PUBLIC HEARING

010

Tiffany Harris

Committee Administrator.  Provides an overview of HB 2999 and HB 3151A.

018

Rep. Debbie Farr

House District 14.  Introduces Heidi McGowan.

030

Heidi McGowan

Oregon Commission for Child Care.  Testifies in support of HB 2999and submits written testimony on behalf of Rosetta Wangerin, Chair, Oregon Commission for Child Care (EXHIBIT A), Teresa Williams, Owner, Country Daycare (EXHIBIT B) and Philip Anderson, Business Representative, Oregon Commission for Child Care (EXHIBIT C) in support of HB 2999.

045

Tom Olson

Administrator, Child Care Division.  States that he is available to answer questions.

048

Chair Brown

Thanks the witnesses and Rep. Farr for their work on HB 2999.

052

Rep. Farr

Testifies in support of HB 3151A.

085

Heidi Depuite

Nutrition Program, Oregon Department of Education.  States that she will be available for questions.

092

Rep. Brian Boquist

House District 23.  Testifies in opposition to HB 3151.

118

Rep. Farr

Speaks to Rep. Boquist’s concerns.

152

Chair Brown

Asks Rep. Farr to list the four school districts affected by the bill.

(Note: the committee is now a full committee.)

153

Rep. Farr

Responds.

155

Rep. Boquist

Discusses the funds that are needed to support the program in HB 3151.

163

Sen. Shields

Asks if meals can only be contracted out by other schools.

165

Rep. Farr

Replies no and that any facility that meets state requirements, can be contracted out.

169

Sen. Shields

Asks if there are any restaurants who could serve the food.

171

Rep. Boquist

Responds that there are volunteers that come three days a week.  States that there is no place to eat or clean up.  Explains that a solution is needed.

185

Chair Brown

Asks about voluntary requirements.

195

Rep. Boquist

Responds.

197

Rep. Farr

Interjects that schools can opt out of the USDA program if an alternative program is provided five days a week

200

Rep. Boquist

States that he is not opposed to the school lunch program, but states there is a problem with no solution.

205

Chair Brown

States that the issue is not just in Oregon, but nationwide.

210

Sen. Shields

Discusses the need to find a solution from the Department of Education.

222

Rep. Farr

States that the Department of Education is willing to assist the school districts to implement a school meal program, as well as herself.

225

William Gehling

Superintendent, Powers School District 31.  Submits and presents written testimony in opposition to HB 3151A (EXHIBIT D).

332

Chair Brown

Asks how many students are in the Powers School District.

333

Gehling

Replies 145.

334

Chair Brown

Asks Gehling if the budget plan for the Powers School District has been planned for next year.

335

Gehling

Replies yes.

336

Chair Brown

Asks how much money they have planned for.

337

Gehling

Responds a little more than one million dollars.

340

Chair Brown

Asks if the budget was based on the legislature budgeting 5.2 or 5.3 billion dollars for education

341

Gehling

Responds, 5.2 billion.

343

Sen. Shields

Asks about the demographics in Powers School District.

350

Gehling

Responds that most of the students go home for lunch or bring a sack lunch.

352

Sen. Shields

Asks how students would qualify if the free/reduced lunch program was implemented.

357

Gheling

Responds that 60% of children would qualify.

360

Sen. Shields

Refers to Gheling’ statement that there are not any parents who have requested the USDA program.  Asks if the reason the program does not have support is due to the lack of awareness.

364

Gehling

Responds that there have been many discussions regarding lunch programs.  Notes that when Powers was a larger community, a lunch facility was built, but was later torn down.

374

Sen. Shields

Asks when the facility was torn down.

376

Gehling

Responds that he is not sure.  Speculates about 35 years ago.

377

Sen. Shields

Questions whether all 60% of the students who would now qualify for the program, have free lunch and how they could improve. Discusses possible improvements with program.

384

Gehling

Opines that the current lunch program meets the needs of the students better than the USDA program.

390

Del Coursey

Superintendent, Alsea School District.  Submits and presents written testimony on behalf of Brian Leavitt, Chairperson, Alsea School District, in opposition to HB 3151A (EXHIBIT E).

TAPE 87, A

015

Chair Brown

Asks if there are criteria for children who do not have lunches.

016

Gehling

Responds.  Continues testimony in opposition to HB 3151.

025

Chair Brown

Asks how much has been budgeted for Alsea School District.

027

Gwen Bruneau

Business Manager.  Responds, 2.1 million.  Testifies in opposition to HB 3151A.

035

Chair Brown

Clarifies that children are fed, no questions asked.

036

Bruneau

Replies yes.  Continues testimony.

041

Chair Brown

Asks how many children would qualify for the free/reduced lunch program.

042

Bruneau

Responds.

042

Chair Brown

Clarifies that Alsea School District has 160 students.

048

Bruneau

Replies yes.

050

Sen. Ringo

Comments regarding school districts knowing what is best for the children in their communities.

057

Rep. Wayne Krieger

House District 1.  Testifies in opposition to HB 3151A.

094

Sen. Jeff Kruse

Senate District 1.  Testifies in opposition to HB 3151A.

113

Chair Brown

Discusses the funding between several Oregon school districts.

118

Gehling

Clarifies budget for Powers School District.

120

Sen. Kruse

States that it is prudent that funds be looked at to be examined during the interim.  Questions additional mandates on schools and the districts doing what is best for the students.

145

Chair Brown

Discusses previous legislation that mandates certain laws.

150

Sen. Kruse

Clarifies previous statement.

155

Chair Brown

Closes the public hearing on HB 2999 and HB 3151A.  Opens a public hearing on SB 1054.

SB 1054 – PUBLIC HEARING

166

Tiffany Harris

Committee Administrator.  Provides an overview of SB 1054 and introduces the -1 amendments (EXHIBIT F).

175

Senate President Peter Courtney

Senate District 11.  Submits and presents written testimony in support of SB 1054 (EXHIBIT G).

280

Sen. Ferrioli

States that his question was answered.

290

Chair Brown

Notes that the Emergency Board would be symmetrical and discusses how it reflects the Ways and Means process.

294

Sen. Courtney

States that it was the intent.  Discusses why he increased the members to be equal from both chambers.

314

Sen. Ferrioli

Asks about giving the responsibility of the Emergency board to the Ways and Means committee members.

320

Sen. Courtney

Responds.

330

Chair Brown

Discusses why it is critical for leadership to serve on the Emergency board.

346

Sen. Ferrioli

Asks Sen. Courtney why he chose 11 members to serve on the Emergency board from each chamber.

380

Sen. Courtney

Responds.

414

Chair Brown

Closes public hearing on SB 1054. Opens public hearing on HB 3017.

HB 3017 – PUBLIC HEARING

437

Tiffany Harris

Committee Administrator.  Explains HB 3017.

446

Jerod Broadfoot

National Electrical Contractors Association.  Testifies in support of HB 3017.

TAPE 86, B

017

Harris

Asks if a contractor, subject to an investigation, is excluded from public contracts.

020

Broadfoot

Responds, no.

021

Chair Brown

Clarifies that contractors are excluded if there has been a finding.

022

Broadfoot

Responds, yes.

024

Chair Brown

Closes public hearing on HB 3017. Opens public hearing SB 1062.

SB 1062 – PUBLIC HEARING

026

Tiffany Harris

Committee Administrator. Explains SB 1062 and introduces the -1 amendments (EXHIBIT H).

035

Dave Heynderickx

Legislative Counsel Office.  Testifies in support of SB 1062.

055

Sen. Ringo

Asks to clarify that there is no current law stating how lawmakers are to retain documents.

059

Heynderickx

Responds.

060

Sen. Ringo

Asks for clarification on the current law regarding record retention.

063

Heynderickx

Responds.

070

Sen. Ringo

Asks for a definition of a “record.”

072

Heynderickx

Provides explanation.

075

Sen. Ringo

Asks if a record would include an email.

076

Heynderickx

Responds, yes.  Explains the public record law.

085

Sen. Ringo

Asks Heynderickx why they chose one year to be the time frame for keeping records.

088

Heynderickx

Responds that it was a policy decision.

094

Chair Brown

States that the decision was determined by the Senate Democratic leadership.

107

Sen. Ferrioli

Asks for difference between a public record and private correspondence.

115

Heynderickx

Responds.

124

Sen. Ferrioli

Asks if his handwritten correspondence would be considered public record.

126

Heynderickx

Responds that the form does not matter.

128

Sen. Ferrioli

Assumes that hand written correspondence from others applies as well.

129

Heynderickx

Responds to question.

141

Sen. Ferrioli

Clarifies that memos to staff members regarding business would be protected under the public records law, but that memos to him would have to be retained.

149

Heynderickx

Discusses exempts of internal communications.

152

Sen. Ferrioli

Argues that if staff members receive a memo or note from himself, it should be retained.

160

Heynderickx

Explains the difference between public record and retention.

175

Sen. Ferrioli

Asks if a memorandum between a lobbyist and a legislator would have to be retained.

179

Heynderickx

Responds.

185

Sen. Ferrioli

Provides hypothetical situation and asks Heynderickx to comment.

195

Heynderickx

Responds to statement.

205

Sen. Ferrioli

Asks if a vote count performed by caucus would be public record.

210

Heynderickx

States that he does not know.

214

Sen. Ferrioli

Discusses how legislators choose whether or not to use correspondence.

224

Heynderickx

Clarifies that it makes a difference if correspondence is intended.

234

Sen. Ferrioli

Comments on Heynderickx’s hypothetical situation.

238

Heynderickx

Provides recommendation.

240

Sen. Ferrioli

Asks what the penalty is for failure to retain records.

247

Heynderickx

Responds.

250

Sen. Ferrioli

Provides recommendations to the Chair.

257

Chair Brown

Assumes that the District Attorney will enforce the law.

266

Heynderickx

Discusses the problem that the bill would solve.

273

Chair Brown

Comments on policy discussions.

280

Sen. Ferrioli

Discusses all methods of public records.  Comments on exempting all legislators from the public records law.

311

Chair Brown

Discusses the intent of the bill.

314

Sen. Ferrioli

States why an alternative method should be considered.

363

Sen. Shields

Asks if the bill would require lawmakers and staff to keep more records and members of congress on their staff.

372

Heynderickx

States that he is unaware of the federal laws for retention of documents.

380

Sen. Shields

Questions the complications of the bill’s intent.

385

Heynderickx

Discusses what the bill addresses.

395

Sen. Shields

States technology has evolved and will continue to evolve.  Questions how many legislators make mistakes.

405

Sen. Ferrioli

Notes that legislators will be required to keep records all year long.

433

Chair Brown

Closes public hearing on SB 1062.  Opens public hearing on HB 3465.

HB 3465 – PUBLIC HEARING

437

Tiffany Harris

Committee Administrator.  Provides overview of HB 3465 and introduces the -1 amendments (EXHIBIT I).

445

Jim Anderson

Oregon Chapter of the American College of Emergency Physicians (OCEP).  Submits and presents written testimony in support of HB 3465 (EXHIBIT J) and written testimony on behalf of Scott Gallant, Director, Government Affairs, Oregon Medical Association, in support of HB 3465 (EXHIBIT K).

TAPE 87, B

020

Chair Brown

Closes the public hearing on HB 3465 and opens a public hearing on HB 2026A.

HB 2026A – PUBLIC HEARING

020

Tiffany Harris

Committee Administrator.  Explains the bill.

025

George Dunford

Department of Administrative Services.  Submits and presents written testimony on behalf of Bob Repine, Director of Housing and Community Services (EXHIBIT L), and Debbie Ferguson, Assistant Vice President, Internal Auditing, Standard Insurance (EXHIBIT M), in support of HB 2026A

048

Jerl Cate

Institute of Internal Auditors.  Testifies regarding HB 2026A.

065

Denise Teixeira

Internal Audit Administrator, Department of Corrections.  Submits and presents written testimony in support of HB 2026A (EXHIBIT N).

087

Chair Brown

Closes the public hearing on HB 2026A.  Opens a public hearing on HB 2099.

HB 2099 – PUBLIC HEARING

092

Chair Brown

Provides overview of the bill.

095

David Plunkett

Executive Director, Oregon Board of Optometry. Submits and presents written testimony in support of HB 2099 (EXHIBIT O).

115

Chair Brown

Closes public hearing on HB 2099.  Opens public hearing on HB 3219A.

HB 3219A – PUBLIC HEARING

120

Tiffany Harris

Committee Administrator. Provides an overview of HB 3219A

123

Jim Davis

Oregon State Denturist Association.  United Seniors of Oregon.  Submits and presents written testimony in support of HB 3219 (EXHIBIT P).  Submits written testimony in support of HB 3219 on behalf of Susan Wilson, Director, Oregon Health Licensing Office (EXHIBIT Q), Jane Myers, Director, Government Affairs, Oregon Dental Association (EXHIBIT R) and Joe Coss, Chair, Board of Denture Technology (EXHIBIT S).

180

Chair Brown

Asks to explain the neutral position of the Oregon Dental Association.

182

Davis

Responds.

195

Chair Brown

Asks about Denturists’ position on the use of fluoride.

196

Davis

Explains that Denturist has not taken a position regarding fluoride.  Refers to additional testimony submitted.

205

Chair Brown

Closes public hearing on HB 3219A.  Opens a work session on HB 2207.

HB 2207 – WORK SESSION

 

Tiffany Harris

Committee Administrator.  Submits the -1 amendments to HB 3465 (EXHIBIT T).

206

Chair Brown

Explains the -1 amendments are conflict amendments.

207

Sen. Ferrioli

Asks for the vote count from 5/26/2005 for HB 2207.

208

Harris

States that she will retrieve that information.

210

Chair Brown

States that she will allow Harris to obtain that information.  Recesses the work session on HB 2207 and opens a work session on HB 2999.

HB 2999 – WORK SESSION

235

Chair Brown

Discusses the intent of the bill and the issues of the opponents.

237

Sen. Brown

MOTION:  Moves HB 2999 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

240

Sen. Ringo

Discusses testimony of HB 2999.

243

Chair Brown

Closes work session on HB 2999.  Opens work session on HB 3017.

HB 3017 – WORK SESSION

245

Sen. Brown

MOTION:  Moves HB 3017 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

 

Chair Brown

Closes work session on HB 3017.  Opens work session on HB 3465.

HB 3465 – WORK SESSION

248

Sen. Brown

MOTION:  Moves HB 3465 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

 

Chair Brown

Closes work session on HB 3465.  Opens work session on HB 2026A.

HB 2026A – WORK SESSION

255

Sen. Brown

MOTION:  Moves HB 2026A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

260

Chair Brown

Closes work session on HB 2026A.  Opens work session on HB 2099.

HB 2099 – WORK SESSION

265

Sen. Brown

MOTION:  Moves HB 2099 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

268

Chair Brown

Closes work session on HB 2099.  Opens work session on HB 3219A

HB 3219A – WORK SESSION

270

Chair Brown

States that she received a note from Andrea Meyers, Oregon Dental Association in support of HB 3219A.

273

Sen. Brown

MOTION:  Moves HB 3219 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

277

Chair Brown

Closes work session on HB 3219A.  States that a work session will not be held on SB 1062.  Opens work session on SB 1054.

SB 1054 – WORK SESSION

283

Chair Brown

Asks committee staff to confirm that the bill would make the total number of members twenty two.

284

Tiffany Harris

Committee Administrator.  Replies yes.

290

Sen. Brown

MOTION:  Moves to ADOPT SB 1054-1 amendments dated 5/31/05.

 

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 - Ferrioli

EXCUSED:     1 - Atkinson

 

Chair Brown

The motion CARRIES.

295

Sen. Brown

MOTION:  Moves SB 1054 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 - Ferrioli

EXCUSED:     1 - Atkinson

 

Chair Brown

The motion CARRIES.

SEN. COURTNEY will lead discussion on the floor.

310

Chair Brown

Closes work session on SB 1054.  Reconvenes work session on HB 2207.

HB 2207 – WORK SESSION

330

Chair Brown

Asks if the vote count has been obtained.

335

Sen. Ferrioli

Informs that the vote was 4-0-1.

345

Sen. Brown

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote for HB 2207.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

350

Sen. Brown

MOTION:  Moves to RECONSIDER the vote by which "HB 2207 was sent to the floor with a DO PASS recommendation".

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

353

Sen. Brown

MOTION:  Moves to ADOPT HB 2207-7 amendments dated 5/26/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

357

Sen. Brown

MOTION:  Moves HB 2207 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

365

Chair Brown

Closes work session on HB 2207. Adjourns the meeting at 4:59 p.m.

 

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A.     HB 2999, written testimony of Rosetta Wangerin, Heidi McGown, 1 p

B.     HB 2999, written testimony of Teresa Williams, Heidi McGown, 1 p

C.     HB 2999, written testimony of Philip Anderson, Heidi McGown, 1 p

D.    HB 3151A, written testimony, William Gehling, 2 pp

E.     HB 3151A, written testimony of Brian Leavitt, Del Coursey , 8 pp

F.      SB 1054, -1 amendments, staff, 1 p

G.    SB 1054, written testimony, Sen. Peter Courtney, 3 pp

H.    SB 1062, -1 amendments, staff, 2 pp

I.       HB 3465, -1 amendments, staff, 1 p

J.      HB 3465, written testimony, Jim Anderson, 3 pp

K.    HB 3465, written testimony of Scott Gallant, Jim Anderson, 1 p

L.     HB 2026A, written testimony of Bob Repine, George Dunford, 1 p

M.  HB 2026A, written testimony of Debbie  Ferguson, George Dunford, 2 pp

N.    HB 2026A, written testimony, Denise Teixeira, 1 p

O.    HB 2099, written testimony, David Plunkett, 1 p

P.      HB 3219A, written testimony, Jim Davis, 1 p

Q.    HB 3219A, written testimony, Susan Wilson, 1 p

R.    HB 3219A, written testimony, Jane Myers, 1 p

S.      HB 3219A, written testimony, Joe Coss, 4 pp

T.     HB 2207, -1 amendments, staff, 1 p