SENATE COMMITTEE ON RULES
June 14, 2005 Hearing Room B
8:30 A.M. Tapes 104 – 105
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
James Goulding, Committee Assistant
MEASURE/ISSUES HEARD:
HB 2104 – Public Hearing
SB 499 – Public Hearing
HB 2614 – Public Hearing
HB 2060 – Public Hearing
HB 2167 – Public Hearing
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 |
|
TAPE 104, A |
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|
003 |
Chair Brown |
Calls the committee to order at 8:34 a.m. Opens a public hearing on HB 2104. |
|
HB 2104 – PUBLIC HEARING |
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|
023 |
Tiffany Harris |
Committee Administrator. Explains the provisions of the measure. |
|
030 |
Lisa Zavala |
Office of Government Relations, Oregon University System (OUS). Submits written testimony in favor of HB 2104 (EXHIBIT A). Mentions the proposed -A3 amendments (EXHIBIT B). |
|
060 |
Denise Yunker |
Administrator, Human Resources Department, OUS. Discusses the changes proposed the by the -A3 amendments. Details the subsections of the legislation. |
|
096 |
Bill Linden |
Association of Oregon Faculties (AOF). Testifies in support of HB 2104. Makes additional comments on the retirement programs. |
|
120 |
Chair Brown |
Considers the public policy for community college faculty retirement. |
|
123 |
Zavala |
Replies. |
|
140 |
Chair Brown |
Further comments. |
|
142 |
Linden |
Offers that he has not worked with community college faculty in his association. Feels he does not have enough information to offer an opinion. |
|
147 |
Chair Brown |
Closes the public hearing on HB 2104. Opens a public hearing on SB 499. |
|
SB 499 – PUBLIC HEARING |
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|
160 |
Tiffany Harris |
Committee Administrator. Explains the provisions of the measure. Notes that they have a -1 amendment to the measure (EXHIBIT C). |
|
177 |
Mary Botkin |
American Federation of State, County and Municipal Employees (AFSCME), Council 75. Presents her written testimony in favor of SB 499 (EXHIBIT D). |
|
205 |
Botkin |
Observes the critical importance of having a 9-1-1 service. Talks about the extreme stress involved, and the difficulty working the position long enough to reach retirement. |
|
243 |
Chair Brown |
Talks about the potential financial impact. |
|
247 |
Botkin |
Replies. Continues discussing the statewide numbers in PERS. Discusses the additional tools needed to support employees. |
|
272 |
Chair Brown |
Asks Ms. Botkin if this will lead to other service groups requesting similar changes. |
|
277 |
Botkin |
Offers her thoughts on the changes to PERS. Observes the possibility of another solution. |
|
312 |
Francie La Marsh |
Shift Leader, Clackamas County 9-1-1. Testifies in favor of SB 499. Provides a 9-1-1 retirement information sheet (EXHIBIT E). Offers her thoughts on retirement benefits. Relays her experiences as a 9-1-1 dispatch operator. |
|
350 |
La Marsh |
Further discusses the traumatic calls she has received and the impact they have had on her life. |
|
390 |
La Marsh |
Continues to describe difficult emergency calls she has received and the stress involved. |
|
TAPE 105, A |
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|
005 |
La Marsh |
Reiterates the importance of an early retirement program for 9-1-1 workers. |
|
010 |
Tim Sherman |
9-1-1 Dispatcher, Bureau of Emergency Communications, Multnomah County. Testifies in favor of SB 499. Relays the difficulties and high stresses involved in the profession. Offers a description of the intense training involved. |
|
060 |
Sherman |
Offers testimony on the extreme situations he has faced and the impact it has had on his life. Notes this measure will offer some relief to those in the profession. |
|
090 |
Sherman |
Voices the difficulty of remaining in the position until retirement age. |
|
110 |
Chair Brown |
Closes public hearing on SB 499. Opens a public hearing on HB 2614. |
|
HB 2614 – PUBLIC HEARING |
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|
113 |
Tiffany Harris |
Committee Administrator. Explains the provisions of HB 2614. |
|
127 |
Rep. Mary Nolan |
Representing House District 36. Testifies in support of HB 2614. |
|
150 |
Rep. Nolan |
Explains the proposed -2 amendments to the measure (EXHIBIT F). Clarifies the legal adjustment needed from prior court cases. |
|
175 |
Rep. Kitts |
Representing House District 30. Testifies in support of HB 2614. |
|
177 |
Chair Brown |
Asks what the vote tally was on this measure in the House. |
|
179 |
Rep. Nolan |
Replies. |
|
180 |
Sen. Ferrioli |
Considers scenarios of voting in more than one primary. |
|
183 |
Rep. Kitts |
States they could only participate once. |
|
185 |
Rep. Nolan |
Explains the nomination process. |
|
189 |
Sen. Ferrioli |
Feels this measure is merely trying to keep people off the ballot. |
|
195 |
Chair Brown |
Replies that this is to keep the two major parties from participating in third party nominations. |
|
201 |
Rep. Nolan |
Voices further clarification that a party member could choose to participate in one nomination process, but not two. |
|
218 |
Rep. Kitts |
Comments that the bill would prevent one voter from voting for multiple candidates in the various primary elections. |
|
220 |
Sen. Ferrioli |
Points a scenario where a voter votes in a primary and then wishes to vote for a candidate who emerges later in the process. |
|
231 |
Rep. Kitts |
Observes that this allows a voter to vote or participate in any process they choose, but that they can only do it once. |
|
239 |
Sen. Ferrioli |
Offers that there are no restrictions placed on candidates switching parties whenever they choose. Asks why they would prohibit voters from fully participating in the nomination process. |
|
243 |
Rep. Kitts |
Reiterates that this does not exclude anyone from the process, it only limits a voter from participating multiple times. |
|
246 |
Chair Brown |
Considers that under Sen. Ferrioli’s scenario, voters could vote for multiple candidates. Feels it should be only one vote for one person. |
|
248 |
Sen. Ferrioli |
Clarifies that he is referring to the nomination process, which differs from the general election. |
|
250 |
Chair Brown |
Notes they will return to this measure. Closes public hearing on HB 2614. Opens the public hearing on SB 499. |
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SB 499 – PUBLIC HEARING |
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|
277 |
Larry Hatch |
Co-Chair, Oregon APCO/NENA. Presents written testimony (EXHIBIT G) in support of SB 499. |
|
308 |
Christy Monson |
Legal Counsel, League of Oregon Cities. Testifies in opposition to SB 499. Observes the changes in specific definitions and the complications involved. Notes she is speaking to the measure as drafted. |
|
336 |
Chair Brown |
Remarks that they take the time to review the -1 amendments. Offers that they can return to this measure. |
|
370 |
Maria Keltner |
Association of Oregon Counties. Appreciates having time to look over the amendments. |
|
375 |
Chair Brown |
Closes public hearing on SB 499. Opens the hearing on HB 2614. |
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HB 2614 – PUBLIC HEARING |
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|
377 |
Kappy Eaton |
League of Women Voters of Oregon. Testifies in support of HB 2614. Remarks on the -2 amendment. Feels the nomination process is a party process. |
|
400 |
Eaton |
Emphasizes the importance of “one person, one vote”. |
|
TAPE 104, B |
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|
010 |
Blair Bobier |
Legislative Director, Pacific Green Party of Oregon. Presents written testimony in opposition to the measure (EXHIBIT H). |
|
040 |
Bobier |
Talks about flaws he observes in the proposed legislation. Appreciates the efforts involved in drafting the -2 amendments, but feels they do not solve the problem. Reiterates his opposition to the measure. |
|
073 |
Richard Winger |
Editor, Ballot Access News. Presents written testimony in opposition to the measure (EXHIBIT I). Provides historical background on third party candidates. Observes the problems with the measure. References an elections chart (EXHIBIT J). |
|
120 |
Winger |
Points out the problems with the presidential primary process. Feels this measure does not correct the problems it proposes to fix. |
|
135 |
Winger |
Relates the election laws of other states, and how Oregon is one of the most restrictive states. |
|
163 |
Chair Brown |
Asks if Mr. Bobier would be opposed to Democrats and Republicans using third parties to shift votes from their opponents. |
|
170 |
Bobier |
Desires only to allow greater participation in the nomination process. |
|
174 |
Chair Brown |
Considers if he would support Republicans voting in Democratic primaries. |
|
177 |
Bobier |
Observes that one is a closed party process and the other is a mechanism for getting new candidates on the ballot. |
|
182 |
Chair Brown |
Asks if this measure would be the only barrier for getting alternative candidates on the ballot. |
|
186 |
Bobier |
Explains the numerous barriers to the nomination process for voters, including incumbency and campaign finance laws. |
|
200 |
Sen. Ringo |
Requests Mr. Winger’s opinion on the -2 amendments. |
|
215 |
Winger |
Replies he will examine the amendments. Further discusses a related court case. |
|
227 |
Sen. Ringo |
Notes further written testimony would be helpful. |
|
230 |
Winger |
Offers he will provide that information and testimony on the amendments. |
|
234 |
Eaton |
Offers that there are several measures in the process that address these problems. |
|
245 |
Sen. Ferrioli |
Considers elections at the municipal level. |
|
253 |
Sen. Ringo |
Comments on the current election process. |
|
255 |
Sen. Ferrioli |
Explains the possibility for rendering petitions invalid. |
|
277 |
Dan Meek |
Portland, Oregon Attorney. Testifies in opposition to the HB 2614 and the proposed -2 amendments. Offers written testimony (EXHIBIT K). Feels this would be unconstitutional if passed. |
|
330 |
Meek |
Observes the difficulty in trying to implement this measure. |
|
370 |
Meek |
Reiterates his view that this measure would be ruled unconstitutional. |
|
375 |
Sen. Ringo |
Asks if legislative counsel has an opinion on the constitutionality of the measure. |
|
379 |
Chair Brown |
Replies she has not heard any opinions from counsel. |
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The following material is submitted for the record without public testimony: |
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|
|
David Ellis |
Committee for a Unified Independent Party (CUIP). Submits written testimony in opposition to HB 2614 (EXHIBIT L). Submits a letter of voters who oppose HB 2614 (EXHIBIT M). |
|
|
Linda Curtis |
Independent Texans. Submits written testimony opposing HB 2614 (EXHIBIT N). |
|
388 |
Chair Brown |
Closes public hearing on HB 2614. Opens a public hearing on HB 2060. |
|
HB 2060 – PUBLIC HEARING |
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|
397 |
Tiffany Harris |
Committee Administrator. Explains the provisions of HB 2060. |
|
405 |
Lori Sattenspiel |
Oregon Community College Association (OCCA). Presents written testimony in favor of HB 2060 (EXHIBIT O). |
|
TAPE 105, B |
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|
019 |
Jim Middleton |
Central Oregon Community College. Expresses support for HB 2060. |
|
052 |
Chair Brown |
Notes the committee is now working as a sub committee. Comments on the letter submitted from the governor’s office (EXHIBIT P). |
|
058 |
Middleton |
Talks about the -2 amendment currently being drafted. Hopes it will address the concerns. |
|
069 |
Rob Wagner |
American Federation of Teachers of Oregon. Testifies in regards to the concerns he has with the measure in the other chamber. |
|
095 |
Wagner |
Discusses a possible service credit for community college teachers. |
|
103 |
Chair Brown |
Closes public hearing on HB 2060. Opens a public hearing on HB 2167. |
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HB 2167 – PUBLIC HEARING |
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|
120 |
John Lindback |
Director, Secretary of State, Election Division. Comments on HB 2167 as amended by the proposed –A4 amendments (EXHIBIT Q). Presents a written summary detailing the sections of the measure as amended (EXHIBIT R). |
|
175 |
Fred Neal |
Campaign Finance Director, Secretary of State, Election Division. Further explains the modifications the measure would make. |
|
187 |
Chair Brown |
Observes they are codifying court rulings in law. |
|
189 |
Neal |
Agrees. Details the next section of the measure. |
|
235 |
Lindback |
Describes additional sections of the measure as amended by the –A4 amendments. Talks about removing the prohibition from a candidate for a non partisan office revealing their party affiliation. |
|
267 |
Sen. Ringo |
Asks if any candidates have challenged that law. |
|
270 |
Lindback |
Replies it hasn’t been challenged. |
|
273 |
Sen. Ringo |
Wonders how long that has been law. |
|
277 |
Lindback |
Notes it has been in law for a while. |
|
280 |
Sen. Ringo |
Considers the information provided in the voters pamphlet. |
|
283 |
Lindback |
States the candidate would still be listed unaffiliated when running for a non-partisan office. |
|
286 |
Chair Brown |
Clarifies they could declare their affiliation in their voter statement if they wanted to. Comments how this relates to the prior discussion of a non partisan legislature. |
|
293 |
Lindback |
Mentions other corrections made to drafting errors. |
|
312 |
Kathy Eaton |
League of Women Voters of Oregon. Expresses support for the measure before the committee. |
|
340 |
Sarah Wetherson |
Money and Politics Research Action Project. Offers support for the measure. |
|
350 |
Chair Brown |
Closes public hearing on HB 2167. Opens the public hearing on SB 499. |
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SB 499 – PUBLIC HEARING |
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|
357 |
Christy Monson |
Legal Counsel, League of Oregon Cities. Testifies in opposition to SB 499 and the -1 amendments. Feels it is unfair as more would be given to 9-1-1 operators than to the police and firefighters who deal with emergencies on scene. |
|
374 |
Chair Brown |
Observes that 9-1-1 operators are not in the same police and fire pension fund. Notes her assessment that police and firefighters still have substantially better benefits. |
|
382 |
Monson |
Understands the benefits are different. |
|
385 |
Maria Keltner |
Association of Oregon Counties. Expresses opposition for SB 499 and the -1 amendments. Discusses concerns with the measure. |
|
395 |
Chair Brown |
Hopes a compromise can be drafted. |
|
410 |
Mary Botkin |
Voices where the interested parties are on this measure. Notes her recommendations for creating a compromise. Feels there is little else they would be willing to change. |
|
430 |
Monson |
Asks that there is an opportunity to address these issues at a later date. |
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The following material is submitted for the record without public testimony: |
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|
|
Anita Beckwith |
Dispatcher, Clackamas County 9-1-1. Presents written testimony in support of SB 499 (EXHIBIT S). |
|
450 |
Chair Brown |
Closes the public hearing on SB 499. Adjourns the committee at 10:33 a.m. |
EXHIBIT SUMMARY
A. HB 2104, Written testimony, Lisa Zavala, 2 pp
B. HB 2104, -A3 amendments, staff, 1 p
C. SB 499, -1 amendments, staff, 2 pp
D. SB 499, Written testimony, Mary Botkin, 2 pp
E. SB 499, 9-1-1 Retirement Information, Francie La Marsh, 1 p
F. HB 2614, -2 amendments, staff, 2 pp
G. SB 499, Written testimony, Larry Hatch, 1 p
H. HB 2614, Written testimony, Blair Bobier, 1 p
I. HB 2614, Written testimony, Richard Winger, 2 pp
J. HB 2614, Election Chart, Richard Winger, 2 pp
K. HB 2614, Written testimony, Dan Meek, 1 p
L. HB 2614, Written testimony, David Ellis, 1 p
M. HB 2614, Letter of Voter Opposition, David Ellis, 5 pp
N. HB 2614, Written testimony, Linda Curtis, 2 pp
O. HB 2060, Written testimony, Lori Sattenspiel, 2 pp
P. HB 2060, Letter of Opposition, Tom Chamberlain, 2 pp
Q. HB 2167, -A4 amendments, staff, 49 pp
R. HB 2167, Section-by-Section Summary, John Lindback, 14 pp
S. SB 499, Written testimony, Anita Beckwith, 4 pp