SENATE COMMITTEE ON RULES

 

 

June 13, 2005                                                                                                         Hearing Room B

8:30 A.M.                                                                                                                 Tapes 101 - 102

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

Katie Lowry, Committee Assistant

 

MEASURE/ISSUES HEARD:          

SB 1071 – Public Hearing and Work Session

HB 3441A – Public Hearing and Work Session

SB 785 – Public Hearing and Work Session

SB 786 – Public Hearing and Work Session

Approval of Drafting Requests – Work Session

SB 1067 – Work Session

HB 3206 – Work Session

HB 2077A – 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 101, A

005

Chair Brown

Calls the meeting to order at 8:33 a.m. and opens a public hearing on SB 1071.

SB 1071 – PUBLIC HEARING

008

Sen. Richard Devlin

Senate District 19. Testifies in support of SB 1071.

050

Chair Brown

Asks if this would be available to K-12 students throughout the state.

051

Sen. Devlin

Replies yes.

052

Chair Brown

Notes SB 1071 has an emergency clause. Wonders when the system will be functional.

053

Sen. Devlin

Believes the Oregon Department of Education (ODE) will have the system functional within 8-12 months after the beginning of the new biennium.

056

Chair Brown

Wonders if there is a requirement that parents are at home while students are virtually attending school.

058

Sen. Devlin

Replies no. Comments on distance learning.

069

Chair Brown

Verifies the credits from the virtual program are treated the same as any other classroom credits.

070

Sen. Devlin

Replies yes. Explains that is the idea of providing some uniform standards.

072

Sen. Shields

Discusses fees of SK-online. Asks if students in the Salem-Keizer school district will have to pay a fee to take a class.

081

Sen. Devlin

Believes the intent of SB 1071 is to develop a system where all of the opportunities are available to students statewide regardless of their location. Believes the intent is to have a uniform fee structure.

084

Sen. Shields

Believes it is more appropriate to ask Ms. Fleming from the ODE.

087

Sen. Ringo

Wonders about the fiscal impact of SB 1071.

089

Sen. Devlin

Replies approximately two million dollars to set up the program.

092

Chair Brown

Recesses the public hearing on SB 1071 and opens a public hearing on HB 3441A.

HB 3441A – PUBLIC HEARING

096

Tiffany Harris

Committee Administrator. Provides an overview of HB 3441A.

104

Sam Adams

Commissioner, City of Portland. Testifies in support of HB 3441A. Explains the bill is only permissive.

130

Chair Brown

Wonders why the bill was passed in 1963.

131

Adams

Explains his understanding of why the bill was passed in 1963.

150

Sen. Shields

Mentions unintended consequences of HB 3441A for Mt. Hood Community College. Wonders if those concernes have been addressed.

155

Adams

Explains those concerns were addressed. Emphasizes HB 3441A is permissive.

158

Sen. Ringo

Remarks it is astonishing that this bill is needed.

160

Adams

Explains voting members cannot be added to the committee without the legislation.

162

Chair Brown

Closes the public hearing on HB 3441A and opens a work session on HB 3441A.

HB 3441A – WORK SESSION

165

Chair Brown

MOTION:  Moves HB 3441A to the floor with a DO PASS recommendation.

167

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

170

Chair Brown

Closes the work session on HB 3441A and re-opens the public hearing on SB 1071.

SB 1071 – PUBLIC HEARING

172

Vicki Fleming

Oregon Department of Education (ODE). Testifies in support of SB 1071.

203

Jim Green

Oregon School Board Association (OSBA). Remarks there are not many statutes on distance education. Testifies in support of SB 1071. Discusses cost of the program.

237

Laurie Wimmer Whelan

Oregon Education Association. Testifies in support of SB 1071.

256

Sen. Shields

Asks about fee structure. Discusses example.

265

Fleming

Discusses fee structure and intent of SB 1071.

280

Sen. Shields

Wonders about students who are expelled from school and if they would be able to access the program.

284

Fleming

Replies yes. Explains in detail.

291

Green

Explains this program provides the opportunity for students unable to attend classes to continue their educational program.

298

Sen. Shields

Verifies this could be provided at a juvenile detention facility.

301

Green

Believes that is part of what is envisioned.

306

Sen. Ferrioli

Remarks there is already a lot of distance learning online. Asks why it is necessary to have a central portal.

315

Fleming

Discusses why a central portal system is necessary.

332

Sen. Ferrioli

Asks if the ODE would be responsible for accreditation of all the course content.

335

Fleming

Explains the idea of uniform and statewide standards would be to have those who are currently providing online education to advise the ODE on reasonable requirements for teacher licensure and qualifications and the content of the coursework.

342

Sen. Ferrioli

Wonders if the ODE would be responsible for accrediting the instructor and the course content if a high school student wanted to take MIT math courses.

344

Fleming

Replies no. Explains this portal would allow access to that kind of opportunity by virtue of linking, but the ODE could not oversee anything outside of the K-12 system.

350

Sen. Ferrioli

Asks if the student would receive credit for the course taken.

353

Fleming

Explains the transaction would be accessed through the portal, but the financial transaction would take place between MIT and the student. Remarks the ODE cannot regulate or provide a fee structure outside of the K-12 system.

358

Green

Comments about contracts between other educational institutions and school districts.

370

Sen. Ferrioli

Comments on the necessity of having a mechanism to control course content. Wonders about the structure of the portal and expresses concerns about the administration of the portal.

389

Fleming

Believes this infrastructure would allow access rather than inhibit it.

403

Sen. Ferrioli

Mentions SB 1071 restricts the number of students that can take online courses to 50 percent of the students that reside in the school. Asks why this is necessary.

411

Fleming

Explains the reference in the bill is to mitigate the circumstance of school districts that begin virtual schools to recruit on a statewide basis. Provides an example of a circumstance.

429

Green

Provides further explanation of the reasoning for the provision.

TAPE 102, A

017

Sen. Ferrioli

Wonders about a conflict resolution process.

026

Fleming

Explains the ODE has staff that are in constant communication with those who are developing charter applications. Comments on the online environment. Expresses intent to encourage any good idea that provides more opportunity for children.

034

Green

Explains there is already a mediation process if a charter school application is denied. Mentions provision in ORS 338.

048

Sen. Ferrioli

Remarks on the subjective nature of a good idea. Asks if witness believes the mediation process for setting up a charter school is efficacious.

055

Green

Replies yes and explains he believes it is a process that has worked very well. Comments on the mediation process between charter schools and school districts.

066

Sen. Ferrioli

Requests to work with the chief sponsor regarding language on virtual charter schools mediation. Asks witness if the virtual portal needs to be a bricks and mortar process or if the whole system can be located virtually.

082

Fleming

Replies yes and explains in detail.

096

Chair Brown

Asks Sen. Ferrioli to work with the chief sponsor on this bill in the Senate Budget Committee on technical amendments.

099

Sen. Ferrioli

Expresses concern that this will become a portal and not a restrictor valve.

102

Sen. Ringo

Asks about comment by Mr. Green that there were charter schools who were receiving weighted average daily memberships (ADMws) by offering online courses to out of state children. Asks if that is what the witness said.

106

Green

Replies that was what was envisioned. Explains that the Coquille School District was going to offer curriculum and education offerings to home school students in the state but also to students beyond the borders of Oregon. Explains the school district would not be able to claim students outside of Oregon as ADMws and receive state school fund dollars.

111

Sen. Ringo

Asks for assurance that nobody is offering online courses to out of state students and receiving ADMws for them.  

114

Green

Replies yes and explains they are not receiving ADMws for out of state students.

115

Chair Brown

Makes comment.

116

Sen. Ringo

Verifies that the Oregon virtual school district can obtain their courses from a variety of sources. Asks if an online math course that the Portland School District has developed could be purchased by the Oregon virtual school district and then be offered statewide.

125

Fleming

Replies yes and explains there would be a fee structure for uniformity of price.

129

Sen. Ringo

Wonders about school districts and education service districts (ESDs) using their resources to develop that kind of curriculum as opposed to focusing on educating the children within its district.

133

Fleming

Believes development of the curriculum is currently happening. Provides an example.

139

Green

Explains it is not only an entrepreneurial aspect. Discusses alternative education services.

152

Sen. Ringo

Expresses concern that ESDs might be entrepreneurial with regards to a virtual school district. Prefers ESDs focus on providing education to students within the district.

162

Fleming

Believes the online providers that currently exist were created at the request of rural districts in order to have access for children. Discusses education in rural districts in Oregon.

178

Sen. Ringo

Believes that school districts and ESDs should respond to the needs of the children in that district.

186

Sen. Charles Starr

Senate District 13. Testifies regarding SB 1071. Submits sample advertisement for virtual education (EXHIBIT A). Discusses SB 684 (2005). Discusses virtual schools in Ohio.

284

Chair Brown

Verifies that Sen. C. Starr is not opposed to online education, but is opposed to the ODE having control and creating uniformity in terms of course content.

290

Sen. C. Starr

Discusses denial of a charter application. Remarks on local control versus state control.

302

Sen. Shields

Remarks on the advertisement for virtual education. Comments on the 1911 Encyclopedia Britannica and the 1913 Noah Webster’s Dictionary. Asks if those are the years that are being used.

310

Sen. C. Starr

Replies yes.

311

Sen. Shields

Asks for reasoning.

312

Sen. C. Starr

Offers an explanation.

321

Chair Brown

Remarks about the No Child Left Behind Act and federal mandates. Asks how Sen. C. Starr sees virtual education fitting in with the No Child Left Behind Act.

330

Sen. C. Starr

Believes it will fit in very well. Discusses the No Child Left Behind Act.

345

Chair Brown

Closes the public hearing on SB 1071 and opens a work session on SB 1071.

SB 1071 – WORK SESSION

358

Chair Brown

MOTION:  Moves SB 1071 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Budget.

360

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

362

Sen. Ferrioli

Provides vote explanation.

373

Chair Brown

Closes work session on SB 1071 and opens public hearings on SB 785 and SB 786.

SB 785 AND SB 786 – PUBLIC HEARING

381

Tiffany Harris

Committee Administrator. Provides an overview of SB 785 and SB 786. Submits the -1 amendments to SB 786 for the record (EXHIBIT B).

392

Mark Simmons

Oregon Association of Nurseries. Provides an explanation of SB 785.

411

Dan Hilburn

Oregon Department of Agriculture. Testifies in support of SB 785.

TAPE 101, B

013

Simmons

Explains SB 786 with the -1 amendments.

021

Sen. Ringo

Verifies that witness is currently explaining the -1 amendments to SB 786.

022

Simmons

Confirms this. Explains that the -1 amendments are intended to replace the entire bill.

026

Simmons

Continues explaining SB 786 with the -1 amendments.

035

Ted Lorensen

Oregon Department of Forestry (ODF). Testifies in support of SB 786 with the -1 amendments. Submits written testimony (EXHIBIT C).

044

Mike Bordelon

ODF. Provides background information on this issue. Expresses support for the -1 amendments.

052

Chair Brown

Refers to lines 19-23 of the -1 amendments regarding creating an exemption from unlawful trade practices in Oregon and federal anti-trust laws. Asks if witness had a specific conversation with Legislative Counsel (LC) regarding this specific issue and asks witness to enlighten the committee.

057

Simmons

Explains reasoning for language in lines 19-23 of the -1 amendments. Points out the bill does not bind ODF to follow this model, but it allows them to follow this model if there is agreement between all the stakeholders.

072

Sen. Ferrioli

Understands the need for the language. Discusses federal anti-trust laws. Believes the last four words of line 23 amount to a prayer.

080

Simmons

Makes comment.

082

Chair Brown

Explains that committee staff is calling LC to ask someone to testify.

091

Sen. Shields

Points out the witness is setting up mechanisms to respond to an emergency potentially because of globalization. Wonders about proactive responses.

105

Simmons

Discusses proactive measures being implemented.

115

Sen. Ringo

Notes the original bill would have phased out the DL Phipps Nursery and the amendments do not. Wonders about the long range goal.

120

Lorensen

Explains the DL Phipps Nursery is a necessary contingency to keep in place to ensure there is a seedling supply in Oregon.

128

Sen. Ringo

Wonders if the ODF believes it can acquire the seedlings cheaper from the DL Phipps Nursery or from a private cooperative.

131

Bordelon

Explains running a nursery which provides speculative seedlings for family forestland owners is a high-risk business that requires higher costs. Points out these costs are passed back to the consumer. Believes a cooperative would be more effective and efficient because the risk can be shared with private growers. Remarks their interest is not in running a nursery, it is in providing seedling stock that covers the range of private forestland interest around the state.

153

Chair Brown

Asks Chuck Taylor about line 23 of the -1 amendments regarding federal anti-trust laws. Assumes we don’t have the ability to exempt ourselves from them.

162

Chuck Taylor

LC. Explains he did not know what the question was.

165

Chair Brown

Asks if Mr. Taylor would like a moment to look at it.

168

Taylor

Replies yes.

170

Chair Brown

Recesses the public hearing on SB 785 and SB 786 and opens a work session on approval of drafting requests.

APPROVAL OF DRAFTING REQUESTS – WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits memo explaining the drafting requests (EXHIBIT D).

172

Chair Brown

MOTION:  Moves LC 3666 be approved for re-drafting by Legislative Counsel and BE INTRODUCED as a committee bill.

180

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

184

Chair Brown

Closes the work session on approval of drafting requests and opens a work session on SB 1067.

SB 1067 – WORK SESSION

187

Tiffany Harris

Committee Administrator. Provides an overview of SB 1067.

196

Chair Brown

Makes comments regarding SB 1067. Verifies there are no amendments to SB 1067.

198

Harris

Confirms this.

200

Chair Brown

MOTION:  Moves SB 1067 to the floor with a DO PASS recommendation.

201

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. JOHNSON will lead discussion on the floor.

202

Chair Brown

Closes the work session on SB 1067 and opens a work session on HB 3206.

HB 3206 – WORK SESSION

205

Chair Brown

Discusses HB 3206.

211

Chair Brown

Verifies there are no amendments, but the parties did attempt to try and work something out.

212

Jessica Adamson

Associated General Contractors. Replies yes.

213

Chair Brown

Verifies they were unsuccessful.

214

Adamson

Confirms they were unsuccessful.

215

Chair Brown

MOTION:  Moves HB 3206 to the floor with a DO PASS recommendation.

217

 

VOTE:  5-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

225

Sen. Ferrioli

Expresses hope that this measure will be tracked throughout the interim because he believes there will be reciprocation.

229

Chair Brown

Points out that Oregon education service districts (ESDs) do not have the ability to be entrepreneurial as Washington ESDs do. Comments that it will not be very easy to reciprocate.

232

Sen. Ringo

Makes comment.

233

Sen. Ferrioli

Makes comment.

234

Chair Brown

Comments that they believe there will be consequences.

235

Chair Brown

Closes the work session on HB 3206 and opens a work session on HB 2077A.

HB 2077A – WORK SESSION

238

Chair Brown

Verifies that everyone is okay with the proposed amendments.

242

Tiffany Harris

Committee Administrator. Provides an overview of HB 2077A. Submits and explains the –A4 amendments to HB 2077A (EXHIBIT E).

250

Sen. Ringo

Wonders what specifically the amendments accomplish.

259

Chair Brown

Asks Sen. Ringo to repeat the question

260

Sen. Ringo

Comments he doesn’t remember.

262

Chair Brown

Explains the –A4 amendments.

267

Sen. Ringo

Relates concerns regarding municipalities and local governments.

270

Chair Brown

Explains that is why the –A4 amendments were drafted.

272

Sen. Ringo

Asks how much this will cost the Oregon Department of Transportation (ODOT).

275

Jessica Adamson

Associated General Contractors. Replies they are unsure of the cost. Suggests ODOT will have a better idea of cost. Explains it does exempt local city projects.

278

Chair Brown

Adds that it exempts only those tied to federally funded projects.

280

Adamson

Replies correct. Explains it clarifies that ODOT needs to set up an escalation/de-escalation clause so there is a shared risk, and it establishes an end date for when these claims can be filed. Believes the –A4 amendments address the concerns that were raised at the last hearing.

282

Sen. Ringo

Wants an estimate as to what this will cost ODOT.

287

John Jackley

ODOT. Explains their estimate of the impact of HB 2077A is approximately $5 million.

293

Chair Brown

Verifies that is the same figure he related to the committee last week.

294

Jackley

Confirms this.

295

Sen. Ringo

Asks if that is $5 million this biennium.

296

Jackley

Explains it is their total estimate between April 1, 2003 and the close date of October 1, 2005 stated in the –A4 amendments.

305

Chair Brown

MOTION:  Moves to ADOPT HB 2077-A4 amendments dated 06/08/05.

307

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

308

Chair Brown

MOTION:  Moves HB 2077A to the floor with a DO PASS AS AMENDED recommendation.

309

Sen. Ringo

Relates concerns regarding retroactive bail-out.

312

Sen. Ferrioli

Makes comments.

330

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

NAY:               1 - Ringo

 

Chair Brown

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

335

Chair Brown

Reminds committee there will be a hearing at 4:00 p.m. today. Recesses the meeting at 9:55 a.m. and the committee stands at ease.

342

Chair Brown

Calls the meeting back to order at 10:04 a.m. and re-opens the public hearing on SB 785 and SB 786.

SB 785 AND SB 786 – PUBLIC HEARING

345

Chuck Taylor

Legislative Counsel (LC). Explains line 23 of the -1 amendments to SB 786.

366

Sen. Ferrioli

Wonders if it is appropriate to convey immunity from prosecution with statute. Wonders if rather the intent that there not be a violation of the Anti-Trust Act should be stated.

373

Taylor

Explains it is claiming the state’s exemption and the claiming of that applies that we are acting under the state’s exemption.

380

Chair Brown

Closes the public hearing on SB 785 and SB 786 and opens a work session on SB 785.

SB 785 – WORK SESSION

385

Chair Brown

MOTION:  Moves SB 785 to the floor with a DO PASS recommendation.

387

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

390

Chair Brown

Closes the work session on SB 785 and opens a work session on SB 786.

SB 786 – WORK SESSION

392

Chair Brown

MOTION:  Moves to ADOPT SB 786-1 amendments dated 04/05/05.

395

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

397

Chair Brown

MOTION:  Moves SB 786 to the floor with a DO PASS AS AMENDED recommendation.

400

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

402

Chair Brown

Closes the work session on SB 786 and adjourns the meeting at 10:08 a.m.

 

EXHIBIT SUMMARY

 

A.     SB 1071, advertisement, Sen. Charles Starr, 1 p

B.     SB 786, -1 amendments, staff, 4 pp

C.     SB 786, written testimony, Ted Lorensen, 1 p

D.    Approval of drafting and introduction requests, memorandum, Sen. Kate Brown, 5 pp

E.     HB 2077A, -A4 amendments, staff, 1 p