SENATE COMMITTEE ON RULES

 

 

June 07, 2005                                                                                                         Hearing Room B

8:00 A.M.                                                                                                                    Tapes  90 - 91

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:          

HB 2077 A – Public Hearing

HB 3206 – Public Hearing

HB 2937 – Public Hearing and Work Session

HB 2669 A – Public Hearing and Work Session

HB 2513 A – Public Hearing and Work Session

HB 3465 - Reconsideration 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 90, A

003

Chair Brown

Calls the meeting to order at 8:03 a.m.  Opens a public hearing on HB 2077 A.

HB 2077 A – PUBLIC HEARING

008

Tiffany Harris

Committee Administrator.  Provides an overview of HB 2077 A.

015

Sen. Frank Morse

Senate District 8.  Testifies in support of HB 2077 A.

050

Jessica Adamson

Associated General Contractors. Introduces Larry Gescher.

052

Larry Gescher

Slate Construction, Stayton, Oregon.  Testifies in support of HB 2077 A.  Explains how the increase of steel has put many businesses in a bind.  Urges the Oregon Department of Transportation (ODOT) to adopt the clause to provide relief to current contractors.

125

Sen. Shields

Asks when the oil fuel escalation/de-escalation clause went into effect and how it has worked over the years.

127

Gescher

Replies that it has worked really well. States that it dates back to the 1970’s.

130

Sen. Ringo

Asks if any contractors have benefited from the price of steel.

143

Gescher

Responds.

144

Sen. Ringo

Asks if any general contractors benefited from steel prices before the sharp increase.

148

Adamson

Responds.

174

John Jackley

ODOT.  Testifies regarding HB 2077 A. Submits written testimony (EXHIBIT A).

200

Sen. Ringo

Asks what the charge will be to ODOT.

202

Jackley

Responds, 5 million dollars.  Elaborates.

210

Chair Brown

Asks to clarify the intent of the bill relating to steel prices dropping.

220

Jackley

Responds that it addresses a specific period of time.  Explains that prices have not dropped.

227

Chair Brown

Asks if he has talked with the city and county regarding the bill.

228

Jackley

Responds.

243

Sen. Ringo

Asks why the bill does not have an emergency clause.

254

Jackley

Responds.

257

Sen. Ringo

Clarifies that he was asking about future contracts.

258

Jackley

Responds.

260

Chair Brown

Informs Sen. Ringo that the bill would apply to existing contracts.

268

Jackley

Comments on the Chair’s statement.

270

Sen. Ringo

Discusses chart showing steel prices and asks for comment regarding steel prices decreasing.

282

Sen. Shields

Notes that the chart is for steel scrap.

285

Adamson

Addresses the chart showing a decrease in steel prices.  Refers to section two of the bill.  Explains increase/decrease clause.

311

John Oahad

Association of Oregon Counties.  Testifies in opposition to HB 2077 A.

398

Chair Brown

Asks if the issue discussed was raised in the House.

400

Oahad

Replies that it was a totally different bill in the House and that it has been gut and stuffed.

408

Susan Schmeider

Government Relations, City of Portland.  Testifies in opposition to HB 2077 A.  Presents solutions to the bill.

425

Sen. Shields

Asks about the financial impact of presented solutions.

430

Schmeider

Responds.

440

Will Tiffany

League of Oregon Cities.  Testifies in opposition to HB 2077 A. 

TAPE 91, A

004

Sen. Atkinson

Asks who benefits from the projects.

008

Schmeider

Answers that everyone does.

010

Sen. Atkinson

Comments on the issue.

025

Sen. Ringo

Provides perspective if steel prices were to decrease.  Questions who will pay for it.

040

Sen. Ferrioli

Asks if there is any way to engage federal offices to ask how they deal with the escalation/de-escalation clauses.

049

Oahad

Responds.  Explains the issues of the federal government.  

061

Sen. Ferrioli

States that opponents and proponents should discuss the issues at hand.

068

Chair Brown

Asks if discussions have been held.

071

Adamson

Replies no.

073

Chair Brown

States that the witnesses have 48 hours to present solutions.  Closes the public hearing on HB 2077 A.  Opens a public hearing on HB 3206.

HB 3206 – PUBLIC HEARING

075

Tiffany Harris

Committee Administrator.  Presents an overview of HB 3206.

080

Matt Lysne

Attorney, Preston Gates and Ellis.  Testifies in opposition to HB 3206.

142

Sen. Ringo

Asks for the individuals testifying to introduce themselves.

145

Doug Nickels

Director, Construction Management Program for Educational Service District (ESD) 112. Introduces himself.

146

Tim Murlino

Chief Financial Officer, Educational Service District 112. Introduces himself.

147

Sen. Ringo

Clarifies that it concerns all of their businesses.

152

Nickels

Responds.

160

Sen. Ringo

Asks if this is an example of an entrepreneurial activity of ESDs.

164

Nickels

Replies that they get paid a fee for their services.

165

Sen. Ringo

Clarifies that they make a profit.

166

Nickels

Responds that it is not a for-profit operation. Explains that they are a non-profit entity.

169

Sen. Ringo

Clarifies that ESDs carry out activities for the purpose of making money for the ESDs.

174

Murlino

Responds that Sen. Ringo is incorrect in his perception.  Elaborates.

186

Chair Brown

 Asks Murlino to repeat his testimony regarding the numbers mentioned.

189

Murlino

Repeats allocations.

190

Chair Brown

Clarifies that their budget is $47 million.

196

Sen. Ringo

Asks who else will be testifying on the bill.

201

Chair Brown

Responds that she hope the proponents of the bill plan to testify.

202

Murlino

Responds further to previous question.

205

Chair Brown

Asks about the services provided by the ESD in Washington.

210

Murlino

Provides list of services by ESD.

212

Chair Brown

Clarifies that they provide all special education services.

215

Murlino

Responds, yes.  Provides list.  Continues to provide list of services.

219

Chair Brown

Asks if they provide after-school and pre-school programs.

220

Murlino

Replies yes.  Continues list of services.

237

Sen. Ringo

Points out that there are nine ESDs in the state of Washington compared to Oregon which has twenty ESDs.

239

Chair Brown

Asks how many school districts are in Washington.

240

Murlino

Responds, 196 school districts.

243

Sen. Ringo

Comments on ESDs.

253

Jessica Adamson

Associated General Contractors.  Testifies in support of HB 3206. Submits report, “Proposal for Sweet Home School District” (EXHIBIT B).

280

Jerry Milstead

President, Milstead & Associates.  Testifies in support of HB 3206.

340

Sen. Ferrioli

Asks Milstead to clarify that he is not affiliated with the public sector.

347

Milstead

Responds, no.

348

Sen. Ferrioli

Asks about competition with ESD.

350

Milstead

Responds.

375

Chair Brown

Asks Adamson about public entities from Oregon bidding on public works projects in Washington.  

381

Adamson

Replies no.

385

Chair Brown

Closes the public hearing on HB 3206 and opens a public hearing on HB 2937.

HB 2937 – PUBLIC HEARING

390

Tiffany Harris

Committee Administrator. Gives overview of HB 2937.

415

Paul Romain

Oregon Petroleum Association.  Submits and presents written testimony in support of HB 2937 (EXHIBIT E).

455

Chair Brown

Asks how often it happens.

460

Romain

Responds that it is a growing problem.

TAPE 90, B

005

Chair Brown

Asks about provisional licensures for work.

010

Romain

Responds.

012

Chair Brown

Asks if it applies to stealing gas from other cars.

014

Romain

Replies yes.

016

Sen. Shields

Presents scenario.  Asks about identifying the driver of the vehicle.

025

Romain

Responds to question.

028

Sen. Ringo

Asks whether the suspension is mandatory or whether it is discretionary.

032

Romain

Responds.

036

Chair Brown

Assumes that it is a preventative tool.

037

Romain

Replies yes.

038

Sen. Ringo

Comments on removing judicial discretion.

042

Romain

Responds that mandatory becomes discretionary with the provisions in the bill.

044

Chair Brown

Closes public hearing and opens work session on HB 2937.

HB 2937 – WORK SESSION

045

Chair  Brown

MOTION:  Moves HB 2937 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

050

Chair Brown

Closes work session and opens public hearing on HB 2669 A.

HB 2669A – PUBLIC HEARING

053

Tiffany Harris

Committee Administrator.  Explains the bill.

056

Paul Romain

Oregon Petroleum Association.  Testifies in support of HB 2669 A.

078

Chair Brown

Closes the public hearing and opens a work session on HB 2669 A.

HB 2669A – WORK SESSION

085

 Chair Brown

MOTION:  Moves HB 2669 A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

090

Chair Brown

Closes work session and opens public hearing on HB 2513 A.

HB 2513 A – PUBLIC HEARING

095

Scott Ashcom

Executive Director, Oregon Agricultural Alliance.  Submits and presents written testimony in support of HB 2513 A (EXHIBIT C).

130

Sen. Ringo

Asks if there is a minimum shipment size that it would apply to.

131

Ashcom

Replies no.

132

Sen. Ringo

Asks about a specific scenario.

134

Ashcom

Responds.

142

Sen. Ringo

Asks relating question.

144

Ashcom

Responds.

147

Sen. Ferrioli

Refers to EXHIBIT C.  Asks to discuss nursery stock options.

152

Ashcom

Discusses nursery livestock.

168

Chair Brown

Closes public hearing and opens work session on HB 2513 A.

HB 2513 A – WORK SESSION

170

 Chair Brown

MOTION:  Moves HB 2513 A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

174

Chair Brown

Closes work session and opens work session on HB 3465.

HB 3465 – RECONSIDERATION AND WORK SESSION

180

 Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering HB 3465.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

181

Chair Brown

MOTION:  Moves to RECONSIDER the vote by which HB 3465 was moved to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

183

Chair Brown

MOTION:  Moves to ADOPT HB 3465-1 amendments dated 05/31/05.

186

Sen. Ringo

Asks for explanation of the -1 amendments.

188

Tiffany Harris

Committee Administrator. Gives overview of the -1 amendments (EXHIBIT D).

190

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

200

Chair Brown

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

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

204

Sen. Atkinson

Asks for permission to vote on HB 2513 A.

205

Chair Brown

Closes work session and opens work session on HB 2513 A.

HB 2513 A – WORK SESSION

210

Sen. Ferrioli

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering HB 2513 A.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

212

Sen. Ferrioli

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON to BE RECORDED as voting AYE on the motion to Move HB 2513 A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

215

Chair Brown

Closes work session and adjourns the meeting at 9:21 a.m.

 

EXHIBIT SUMMARY

 

A.     HB 2077, written testimony, John Jackley, 2 pp

B.     HB 3206, report, Jessica Adamson, 8 pp

C.     HB 2513 A, written testimony, Scott Ashcom, 1 p

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

E.   HB 2937, written testimony, Paul Romain, 2 pp