SENATE COMMITTEE ON RULES
June 9, 2005 Hearing Room B
8:30 A.M. Tapes 99 - 100
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
Linda K. Gatto, Committee Assistant
MEASURE/ISSUES HEARD:
SJR 34 – Public Hearing and Work Session
SB 1067 – Public Hearing
SJR 10 – Work Session
SB 818A – Work Session
HB 3329A – Public Hearing
SB 578 – Work Session
SB 1062 –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.
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TAPE/# |
Speaker |
Comments |
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TAPE 99, A |
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|
003 |
Chair Brown |
Calls the meeting to order at 8:34 a.m. Announces that SB 578 will be a public hearing not a work session. Opens the public hearing on SJR 34. |
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SJR 34 – PUBLIC HEARING |
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|
011 |
Tiffany Harris |
Committee Administrator. Reviews the provisions of SJR 34. |
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018 |
Barbara Sam |
Tribal Chairperson for the Burns Paiute Tribe. Submits prepared testimony in support of SJR 34 (EXHIBIT A). States that the tribe consists of 340 members and a land base of 770 acres. |
|
034 |
Sam |
Reviews the benefits the Burns Paiute Tribe would realize; tribal sovereignty, increase in tribal land, positive impact on annual funding from the Bureau of Indian Affairs, and increased opportunities to coordinate with state and local governments. |
|
058 |
Wanda Johnson |
Tribal Council. States this bill is very important to the tribal members. |
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067 |
Chair Brown |
Comments that the Jones property is the former state representative Denny Jones family property. |
|
070 |
Johnson |
Confirms that it is. |
|
074 |
Chair Brown |
Closes the public hearing on SJR 34 and opens the work session on SJR 34. |
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SJR 34 – WORK SESSION |
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075 |
Sen. Ferrioli |
MOTION: Moves SJR 34 be sent to the floor with a BE ADOPTED recommendation. |
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080 |
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VOTE: 4-0-1 EXCUSED: 1 - Ringo |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor. |
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087 |
Chair Brown |
Closes the work session on SJR 34 and opens the public hearing on SB 1067. |
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SB 1067 – PUBLIC HEARING |
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|
089 |
Tiffany Harris |
Committee Administrator. Reviews the provisions of SB 1067. |
|
096 |
Michael Dugan |
District Attorney for Deschutes County. Testifies that this bill provides protection from unwanted context sent by telephone. Urges support of the bill. |
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114 |
Sen. Atkinson |
Asks how this expansion would be enforced. |
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115 |
Dugan |
Explains that with the technology available the text or photographs are preserved on the recipient’s phone. |
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124 |
Chair Brown |
Closes the public hearing on SB 1067 and opens the work session on SJR 10 and invites testimony. |
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SJR 10 – WORK SESSION |
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|
140 |
Ruth Bendl |
Portland Resident. Submits prepared testimony in opposition to SJR 10 (EXHIBIT B). Explains that in a post 9/11 era of “trust and don’t verify” system devalues a persons vote. |
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175 |
Mike Balansei |
Hillsboro Resident. States that he and Ms. Bendl co-authored HB 2251 regarding the opening of secrecy envelopes. |
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216 |
Tim Hodges |
Salem Resident. Testifies in opposition to SJR 10. States that voting registration rights should be protected. |
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258 |
Chair Brown |
Asks if there are voting irregularities in the states that have same day registration. |
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263 |
Bendl |
Answers that in Milwaukee Wisconsin there were 1500 illegal votes in one county. |
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270 |
Balanesi |
Answers that in Pima County Arizona the county clerks rejected 59% of the voter registrations after the state, by initiative in November, required proof of citizenship to vote. |
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277 |
Sen. Atkinson |
Notes that those states do not have vote by mail. |
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304 |
Chair Brown |
Closes the invited testimony on SJR 10. |
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309 |
Sen. Brown |
MOTION: Moves SJR 10 be sent to the floor with a BE ADOPTED recommendation. |
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311 |
Sen. Ferrioli |
Discusses voter fraud and same day voter recruiting. States opposition to the bill and gives notice of a possible minority report. |
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363 |
Sen. Shields |
States there are advantages to both sides and he does not believe there will be more fraud either way. |
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373 |
Chair Brown |
Notes for the record that the six month residency requirement in Oregon was overridden by the United States Supreme Court. |
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378 |
Sen. Ringo |
States he has concerns regarding engagement in voting. States he will be a courtesy vote. |
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391 |
Sen. Atkinson |
States opposition and provides notice of a minority report. Discusses the burden of proof. |
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405 |
Chair Brown |
Notes for the record that the burden of proof is on the complainant and this bill does not change that. |
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410 |
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VOTE: 3-2-0 AYE: 3 - Ringo, Shields, Brown NAY: 2 - Atkinson, Ferrioli |
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|
Chair Brown |
The motion CARRIES. SEN. DECKERT will lead discussion on the floor. |
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415 |
Chair Brown |
Closes the work session on SJR 10 and opens the work session on SB 818A. |
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SB 818A – WORK SESSION |
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|
421 |
Tiffany Harris |
Committee Administrator. Reviews the provisions of SB 818A. |
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434 |
Brian Johnston |
Interim Director, Department of Human Services. Testifies in support of SB 818A. |
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471 |
Sen. Shields |
States that the ACLU was helpful in writing a report on what was needed in the Coos Bay pilot project which is what the -4 amendments address (EXHIBIT C). |
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489 |
Sen. Shields |
MOTION: Moves to ADOPT SB 818A-4 amendments dated 6/3/05. |
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493 |
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VOTE: 5-0-0 |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. |
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498 |
Sen. Shields |
MOTION: Moves SB 818A to the floor with a DO PASS AS AMENDED recommendation. |
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499 |
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VOTE: 5-0-0 |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. SHIELDS will lead discussion on the floor. |
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TAPE 100, A |
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508 |
Chair Brown |
Closes the work session on SB 818A and opens the public hearing on HB 3329A. |
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HB 3329A – PUBLIC HEARING |
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032 |
Tiffany Harris |
Committee Administrator. Reviews the provisions of HB 3329A. |
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040 |
Martin Taylor |
Oregon Nurses Association. Describes the work that has been done on the bill. |
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051 |
Deb Cassell |
President of the Oregon Nurses Association and a Certified Registered Nurse First Assist (RNFA). Submits and reads prepared testimony in support of HB 3329A (EXHIBIT D). |
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079 |
Sen. Shields |
Asks why insurance companies would want to get a second surgeon when it would cost more money. |
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088 |
Taylor |
Responds that the question is competence and costs. There is a value to the insurance companies to have an RNFA. |
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109 |
Cassell |
Comments that a second surgeon receives a 20% reimbursement of the original surgeon's fee and a RNFA or PA receives 13% to 20% of the 20% billed. Submits prepared testimony from Stephen Newsman for the record (EXHIBIT E). |
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118 |
Sen. Ferrioli |
Speculates that this is a scope-of-practice issue and states it should be corrected. Declares a potential conflict of interest. |
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140 |
Taylor |
States that the amendments will re-link the bill back to the insurance code. |
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147 |
Chair Brown |
States this will go on the agenda next week after receiving the amendments. Closes the public hearing on HB 3329A and opens the work session on SB 578 and invites testimony. |
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SB 578 – WORK SESSION |
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|
151 |
Tiffany Harris |
Committee Administrator. Reviews the provisions of SB 578. |
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165 |
Tim Nesbitt |
President of the Oregon AFL/CIO. Explains the -1 amendments (EXHIBIT F). Asks to look at the international outsourcing of services funded by taxpayers on a case by case basis. Notes this does not pertain to public works or construction projects. |
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206 |
Chair Brown |
Asks if the opponents have seen the -1 amendments. |
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224 |
Craven |
Responds yes, the amendments have been out for over a month. |
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225 |
Sen. Floyd Prozanski |
Senate District 4. Testifies in support of SB 578 and the -1 amendments. States this is an incentive based approach to get more investment in Oregon. Notes that there is concern about outsourcing. |
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243 |
Jim Craven |
American Electronics Association. Provides prepared testimony in opposition to the -1 amendments (EXHIBIT G). States it is not clear what SB 578 is trying to address and the -1 amendments give in-state preference on complex bids. |
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319 |
Chair Brown |
Asks if some industries have preferences already. |
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322 |
Craven |
Answers yes, printing and license plates. Explains that the problem with in-state preferences is retaliation by other states. States that the other issue is the personnel deployment plan. |
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344 |
Craven |
Explains there is also the new concept of minimum livable wage on private sector contracts. |
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359 |
Craven |
Summarizes that they cannot support the -1 amendments as currently drafted, but are willing to continue to work on the issue. |
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406 |
Paul Cosgrove |
Representing Hewlett Packard and the Oregon Financial Services Association. Seconds Mr. Craven’s comments that this is of significant concern. Provides an example of determining a minimum commitment before the project is specified. |
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450 |
Cosgrove |
Comments on Oregon being the in-sourcing place for a number of financial services. Discusses the invitation to bid and concerns with the minimum living wage concept. |
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477 |
Joe Schweinhart |
Associated Oregon Industries (AOI). Concurs with former testimony and adds that this amendment would limit competition and they oppose the amendment. |
|
491 |
Craven |
States that in current public contracting law there is an in-state preference that says if all things being equal and a bidder is from Oregon, to give the contract to the Oregon bidder. |
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TAPE 99, B |
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|
035 |
Chair Brown |
Cites the license plate bill as an example and asks where the fine line is. |
|
043 |
Craven |
Agrees it is a difficult issue. Discusses the Oregon Trail card. |
|
054 |
Sen. Ferrioli |
Comments on the transition to a global economy and cost of labor as the dominant driver. States that trade barriers fail; competition cannot be eliminated by building an imaginary wall. |
|
084 |
Sen. Shields |
Agrees that the issue is complex, emotional and political. Asks if the political issues can be dealt with. |
|
103 |
Craven |
Responds that the issue is that this country needs to get serious about competition. Notes that China leads the world in graduating electrical engineers at four times the rate of the United States. Notes that Oregon is one of the few states graduating more technology workers than it did ten years ago. |
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132 |
Craven |
Discusses the federal disinvestment in technology. |
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152 |
Cosgrove |
Comments that companies make these decisions for a reason. |
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154 |
Schweinhart |
Comments that the problem is how to stop the outsourcing. |
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171 |
Sen. Ferrioli |
Refers to the book The World is Flat noting that the author observed that in the past people came to America for more money. Today other economies are expanding and people do not have to move anymore. Agrees that competition is the question. |
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191 |
Chair Brown |
States that the legislature is under extreme pressure to increase efficiency and reduce costs while still providing current service levels. |
|
210 |
Dianne Lancaster |
Chief Procurement Officer, State Procurement Office, Department of Administrative Services (DAS). Submits and reviews a prepared statement on SB 578 (EXHIBIT H). |
|
235 |
Vice-Chair Ferrioli |
Closes the work session on SB 578 and puts the committee at ease for the purpose of assembling a quorum for SB 1062. |
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252 |
Chair Brown |
Opens the work session on SB 1062. |
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SB 1062 – WORK SESSION |
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|
253 |
Tiffany Harris |
Committee Administrator. Explains the provisions of SB 1062 and the -1 amendments (EXHIBIT I). |
|
260 |
Sen. Ferrioli |
Expresses that this is complex and notes the need for clear definition of what a public record is and is not. Provides examples of what could be considered public record subject to disclosure or retention and the possibility of prosecution if an error on whether a document is subject to disclosure or retention is made by staff members. |
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311 |
Chair Brown |
States that Senate leadership felt it was inappropriate for the legislative assembly to be exempted from the Public Records Act. |
|
320 |
Chair Brown |
MOTION: Moves to ADOPT SB 1062-1 amendments dated 5/31/05. |
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322 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
324 |
Chair Brown |
MOTION: Moves SB 1062 to the floor with a DO PASS AS AMENDED recommendation. |
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|
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VOTE: 3-1-1 AYE: 3 - Ringo, Shields, Brown NAY: 1 - Ferrioli EXCUSED: 1 - Atkinson |
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|
Chair Brown |
The motion CARRIES. SEN. BROWN will lead discussion on the floor. |
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337 |
Chair Brown |
Closes the work session on SB 1062 and adjourns the meeting at 10:00 a.m. |
EXHIBIT SUMMARY
A. SJR 34, prepared testimony, Barbara Sam, 4 pp
B. SJR 10, prepared testimony, Ruth Benal, 1 p
C. SB 818, -A4 amendments, Sen. Frank Shields, 4 pp
D. HB 3329, prepared testimony, Deb Cassell, 3 pp
E. HB 3329, prepared testimony of Stephen Newsman, Deb Cassell, 2 pp
F. SB 578, -1 amendments, Sen. Floyd Prozanski, 6 pp
G. SB 578, -1 amendments, Jim Craven, 1 p
H. SB 578, prepared statement, Dianne Lancaster, 1 p
I. SB 1062, -1 amendments, staff, 2 pp