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 |
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|
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 |
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|
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