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.

 

TAPE/#

Speaker

Comments

TAPE 104, A

003

Chair Brown

Calls the committee to order at 8:34 a.m.  Opens a public hearing on HB 2104.

HB 2104 – PUBLIC HEARING

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

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

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

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.

SB 499 – PUBLIC HEARING

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.

HB 2614 – PUBLIC HEARING

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

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.

The following material is submitted for the record without public testimony:

 

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

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

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.

HB 2167 – PUBLIC HEARING

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.

SB 499 – PUBLIC HEARING

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.

The following material is submitted for the record without public testimony:

 

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