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.

 

TAPE/#

Speaker

Comments

TAPE 99, A

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.

SJR 34 – PUBLIC HEARING

011

Tiffany Harris

Committee Administrator. Reviews the provisions of SJR 34.

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.

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.

SJR 34 – WORK SESSION

075

Sen. Ferrioli

MOTION:  Moves SJR 34 be sent to the floor with a BE ADOPTED recommendation.

080

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

087

Chair Brown

Closes the work session on SJR 34 and opens the public hearing on       SB 1067.

SB 1067 – PUBLIC HEARING

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.

114

Sen. Atkinson

Asks how this expansion would be enforced.

115

Dugan

Explains that with the technology available the text or photographs are preserved on the recipient’s phone.

124

Chair Brown

Closes the public hearing on SB 1067 and opens the work session on SJR 10 and invites testimony.

SJR 10 – WORK SESSION

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.

175

Mike Balansei

Hillsboro Resident. States that he and Ms. Bendl co-authored HB 2251 regarding the opening of secrecy envelopes.

216

Tim Hodges

Salem Resident. Testifies in opposition to SJR 10. States that voting registration rights should be protected.

258

Chair Brown

Asks if there are voting irregularities in the states that have same day registration.

263

Bendl

Answers that in Milwaukee Wisconsin there were 1500 illegal votes in one county.

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.

277

Sen. Atkinson

Notes that those states do not have vote by mail.

304

Chair Brown

Closes the invited testimony on SJR 10.

309

Sen. Brown

MOTION:  Moves SJR 10 be sent to the floor with a BE ADOPTED recommendation.

311

Sen. Ferrioli

Discusses voter fraud and same day voter recruiting. States opposition to the bill and gives notice of a possible minority report.

363

Sen. Shields

States there are advantages to both sides and he does not believe there will be more fraud either way.

373

Chair Brown

Notes for the record that the six month residency requirement in Oregon was overridden by the United States Supreme Court.

378

Sen. Ringo

States he has concerns regarding engagement in voting. States he will be a courtesy vote.

391

Sen. Atkinson

States opposition and provides notice of a minority report. Discusses the burden of proof.

405

Chair Brown

Notes for the record that the burden of proof is on the complainant and this bill does not change that.

410

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

415

Chair Brown

Closes the work session on SJR 10 and opens the work session on      SB 818A.

SB 818A – WORK SESSION

421

Tiffany Harris

Committee Administrator. Reviews the provisions of SB 818A.

434

Brian Johnston

Interim Director, Department of Human Services. Testifies in support of SB 818A.

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).

489

Sen. Shields

MOTION:  Moves to ADOPT SB 818A-4 amendments dated 6/3/05.

493

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

498

Sen. Shields

MOTION:  Moves SB 818A to the floor with a DO PASS AS AMENDED recommendation.

499

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

TAPE 100, A

508

Chair Brown

Closes the work session on SB 818A and opens the public hearing on HB 3329A.

HB 3329A – PUBLIC HEARING

032

Tiffany Harris

Committee Administrator. Reviews the provisions of HB 3329A.

040

Martin Taylor

Oregon Nurses Association. Describes the work that has been done on the bill.

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).

079

Sen. Shields

Asks why insurance companies would want to get a second surgeon when it would cost more money.

088

Taylor

Responds that the question is competence and costs. There is a value to the insurance companies to have an RNFA.

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).

118

Sen. Ferrioli

Speculates that this is a scope-of-practice issue and states it should be corrected. Declares a potential conflict of interest.

140

Taylor

States that the amendments will re-link the bill back to the insurance code.

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.

SB 578 – WORK SESSION

151

Tiffany Harris

Committee Administrator. Reviews the provisions of SB 578.

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.

206

Chair Brown

Asks if the opponents have seen the -1 amendments.

224

Craven

Responds yes, the amendments have been out for over a month.

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.

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.

319

Chair Brown

Asks if some industries have preferences already.

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.

344

Craven

Explains there is also the new concept of minimum livable wage on private sector contracts.

359

Craven

Summarizes that they cannot support the -1 amendments as currently drafted, but are willing to continue to work on the issue.

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.

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.

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.

 

 

 

TAPE  99, B

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.

132

Craven

Discusses the federal disinvestment in technology.

152

Cosgrove

Comments that companies make these decisions for a reason.

154

Schweinhart

Comments that the problem is how to stop the outsourcing.

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.

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.

252

Chair Brown

Opens the work session on SB 1062.

SB 1062 – WORK SESSION

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. 

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.

322

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

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.

 

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 - Ferrioli

EXCUSED:     1 - Atkinson

 

Chair Brown

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

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