SENATE COMMITTEE ON RULES

 

 

June 16, 2005                                                                                                         Hearing Room B

8:30 A.M.                                                                                                                  Tapes 107 -108

 

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:          

HB 2754A – Public Hearing and Work Session

Executive Appointments – Public Hearing

      Oregon Tourism Commission

            Jeffery Jobe 

      Oregon Watershed Enhancement Board

            Jim Nakano

            Helen Westbrook

            Robert Brunoe

      Commission for the Blind

            Donald Dartt

      Construction Contractors Board

            Dennis Schad

      State Board of Direct Entry Midwifery

            Michele Bouche

      Outdoor Youth Program Advisory Board

            Robert Cooley

            Peter Green

      Oregon Patient Safety Commission Board of Directors

            Judith Hibbard

            Bruce Johnson

            George Miller

      Board on Public Safety Standards and Training

            Harold Burke-Sivers

            Robert King

            Robert Tardiff

      Oregon Transportation Commission

            Randall Pape’

HB 3127 – Public Hearing and Work Session

HB 2840A – Public Hearing and Work Session

HB 3415A – Public Hearing and Work Session

Executive Appointment – Public Hearing

      Commission for Women

            Ellie McPeak

MEASURE/ISSUES HEARD:          

HB 2174A – Public Hearing

HB 2537 – 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 107, A

004

Chair Brown

Calls the meeting to order at 8:30 a.m. Announces that HB 2389A has been taken off the agenda. Opens the public hearing and work session on HB 2754.

HB 2754A- PUBLIC HEARING

016

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2754A.

019

Senator Doug Whitsett

Senate District 28. Testifies in support of HB 2754A explaining the need to educate allied health care professionals.

044

Denise Honzel

Submits and reads prepared testimony in support of HB 2754A (EXHIBIT A).

100

Rep. Bill Garrard

House District 56. Testifies in support of HB 2754A and Oregon Institute of Technology (OIT).

107

Chair Brown

Announces that Jo Bell has submitted prepared testimony in support of HB 2754A for the record (EXHIBIT B).  

109

Chair Brown

Closes the public hearing on HB 2754A and opens the work session on HB 2754A.

HB 2754A – WORK SESSION

111

Rep. Atkinson

MOTION:  Moves HB 2754A to the floor with a DO PASS recommendation.

113

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

117

Chair Brown

Closes the work session on HB 2754A and opens the public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING

OREGON TOURISM COMMISSION – APPOINTMENT OF JEFF JOBE (EXHIBIT C)

126

Jeff Jobe

Explains his qualifications and interest in the appointment to the Oregon Tourism Commission.

136

Sen. Ferrioli

Comments on Oregon’s diversity and asks Mr. Jobe to discuss rodeos.

141

Jobe

Responds he is from Oklahoma and grew up in the backyard of the national finals, he knows very much about rodeos.

OREGON WATERSHED ENHANCEMENT BOARD – APPOINTMENT OF HELEN WESTBROOK (EXHIBIT D, Page 1)

157

Helen Westbrook

Explains her qualifications and interest in the appointment to the Oregon Watershed Enhancement Board (OWEB).

169

Sen. Shields

Notes that OWEB can be difficult at times.

COMMISSION FOR WOMEN – APPOINTMENT OF ELLIE MCPEAK (EXHIBIT S)

220

Chair Brown

Closes the public hearing on executive appointment to the Commission for Women due to difficulty in reaching Ms. McPeak.*(see tape 108, B #066)

OREGON WATERSHED ENHNACEMENT BOARD – APPOINTMENT OF JIM NAKANO (EXHIBIT D, Page 6)

242

Jim Nakano

Explains his qualifications and interest in the appointment to the Oregon Watershed Enhancement Board (OWEB).

275

Chair Brown

Closes the public hearing on the executive appointment of Jim Nakano to the Oregon Watershed Enhancement Board.

275

Chair Brown

Opens a public hearing on reappointments.

COMMISSION FOR THE BLIND - REAPPOINTMENT OF DONALD DARTT                          (EXHIBIT E, Page 1)

CONSTRUCTION CONTRACTORS BOARD – REAPPOINTMENT OF DENNIS SCHAD (EXHIBIT V)

STATE BOARD OF DIRECT ENTRY MIDWIFERY – REAPPOINTMENT OF MICHELE BOUCHE (EXHIBIT W)

OUTDOOR YOUTH PROGRAM ADVISORY BOARD – REAPPOINTMENT OF ROBERT COOLEY AND PETER GREEN (EXHIBIT X)

OREGON PATIENT SAFETY COMMISSION BOARD OF DIRECTORS – REAPPOINTMENT OF JUDITH HIBBARD , BRUCE JOHNSON AND GEORGE MILLER (EXHIBIT Y)

BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING – REAPPOINTMENT OF HAROLD BURKE-SIVERS, ROBERT KING, AND ROBERT TARDIFF (EXHIBIT Z)

OREGON TRANSPORTATION COMMISSION – REAPPOINTMENT OF RANDALL PAPE’ (EXHIBIT AA)

OREGON WATERSHED ENHANCEMENT BOARD – REAPPOINTMENT OF ROBERT BRUNOE (EXHIBIT D)

286

Chair Brown

Seeing no requests for public testimony closes the public hearing on executive reappointments. Opens the public hearing on HB 3127.

HB 3127 – PUBLIC HEARING

290

Tiffany Harris

Explains the provisions of HB 3127.

298

Sandy Flicker

Executive Director, Oregon Rural Electric Cooperative Association. Submits prepared testimony and the -1 amendments (EXHIBIT F). States that the bill is sponsored by Rep. Bob Jenson.

309

Shaun Jillions

Legislative Assistant to Rep. Bob Jenson, House District 58. States that Rep. Jenson is in support of the -1 amendments.

319

Justin Burns

Attorney, Oregon Trail Electric Company. States the bill requests to align the definition of non-profit corporations for the purpose of the ethics statutes. Adds there is no known opposition.

337

Vice-Chair Ferrioli

Refers to the -1 amendments and invites an overview.

336

Burns

Responds that Rep. Merkley requested the amendments to clarify that the language applies only to the directors on boards of non-profits; not executive directors of non-profits.

358

Chair Brown

Closes the public hearing on HB 3127 and opens the work session on HB 3127.

HB 3127 – WORK SESSION

360

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 3127-1 amendments dated 04/25/05.

362

 

VOTE:  4-0-1

EXCUSED:  1 -  Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

366

Sen. Ferrioli

MOTION:  Moves HB 3127 to the floor with a DO PASS AS AMENDED recommendation.

372

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

383

Chair Brown

Closes the work session on HB 3127 and opens the public hearing on HB 2840A.

HB 2840A – PUBLIC HEARING

391

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2840A.

410

Rep. Vicki Berger

House District 20. States that she sponsored legislation to repeal the school zone law enacted two years ago. Expresses the concerns raised by her constituency; inconsistency and the 24 hour rule. States that the flashing yellow lights are effective.

462

Rep. George Gillman

House District 55. States that it took four months to compromise on the language because there were a variety of viewpoints expressed. The final compromise was school zones 7-5, five days a week. Concurs that the flashing light in a school zone gives control to the school when they need it.

TAPE 108, A

039

Rep. Deborah Boone

House District 32. Refers to the field hearing in Bend and the compromise of the end product. Comments on the effectiveness of flashing lights in school zones.

054

Rep. Chuck Burley

House District 54. Discusses the variety in viewpoints on the issue. Notes there is a Safe Routes to Schools bills in the Judiciary Committee as well as an appropriations bill in Congress; suggests that perhaps some of those dollars may be used to help install lights.

069

Chair Brown

States that the City of Portland recommends 7-7, seven days a week.

073

Rep. Berger

Responds that 5-7 is prime commuter time not prime school time. Relays her personal story about when she was hit by a car and states that irresponsibility cannot be legislated.

111

Rep. Gillman

Addresses the 24/7 proposal stating there is not statistical evidence that warrants a problem to be solved. Notes that most of the zones in Portland are proposing a change from 25 mph to 20 mph but in rural areas it is from 35 or 40 mph to 20 mph.

139

Sen. Ringo

Asks if local communities could raise money for the installation of flashing lights and then the lights could be activated by the school.

142

Rep. Berger

Interjects that in the absence of the flashing lights, the speed limit would be 20 mph, 7-5, on school days.

145

Rep. Gillman

Theorizes that the lights could be activated for a Saturday morning game. Asks if there are guidelines on who can activate the lights.

147

Rep. Berger

Rep. Berger nods her head.

151

Rep. Gillman

Comments that there are two issues; how does the general public know when it is a school day, and who controls the lights and under what authority.

160

Rep. Ringo

Asks why the authority was not specified in the bill.

164

Rep. Burley

Explains the question of authority did not come up and the question could be deferred to the school districts.

176

Sen. Ringo

States that schools are a place for kids evenings and weekends, safety is needed at those times. Offers that flexibility is needed.

185

Rep. Berger

Responds that is part of the legislation but not the authority or restrictions. Discusses the difference between a school zone around a school and crosswalk school zone.

207

Chair Brown

States that the authority for who controls the lights can be left to the school districts.

211

Rep. Gillman

Recommends an amendment for the emergency clause to be effective July 1, 2005.

242

Troy Costales

Oregon Department of Transportation (ODOT). Submits prepared testimony (EXHIBIT G) and states that this bill works out most of the inconsistencies. States that under current law the time can be changed.

242

Jon Oshel

Association of Oregon Counties (AOC). Supports this compromise. States that the public has expressed frustration over the hours being too extensive and inconsistencies, such as, what is a school day.

282

Christine Munson

League of Oregon Cities (LOC). States neutrality on the bill because elected officials, police chiefs and traffic engineers could not come to consensus. Emphasizes three points; expenses to local government each time the law is changed, the purchase and control of flashing lights are done in partnerships with the cities and school districts, and the  delay of the implementation date.

309

Sen. Ringo

Asks who should activate the lights.

315

Munson

Reiterates that activation of the lights is a partnership with the cities and the school districts.

342

Chair Brown

Comments on the reduction in traffic when school is out.

360

Rep. Donna Nelson

House District 24. Testifies in support of HB 3415*. Testifies in support of HB 2840A stating that it is unnecessary to restrict speed zones at times when children are not in the vicinity of schools.

401

Mark Lear

Traffic Investigations Manager, City of Portland. Submits and summarizes prepared testimony in support of extending protection to adjacent school zones all days 7 a.m. – 7 p.m. (EXHIBIT H). Discusses collision risks.

TAPE 107, B

003

Lear

Explains the revenue restrictions of schools and cities to expand the flashing beacon program.

013

Sen. Ferrioli

Confirms the proposal is 7 a.m. – 7 p.m. all day, 365 days a year.

016

Lear

Answers affirmatively.

017

Sen. Ferrioli

Asks what is meant by collision, vehicle to vehicle, or vehicle to child.

018

Lear

Answers cars hitting kids, walking or biking, within three blocks of a school zone.

030

Sen. Ringo

Asks how the flashing lights are activated.

032

Lear

Answers there is a pager devise that is activated by code through the signal office. Adds that different communities may have different systems.

048

Chair Brown

Discusses that under current law there are three different school zones on Belmont Ave. Asks if he agrees that the bill addresses the inconsistencies under current statute.

055

Lear

Responds that some streets may have a number of school zones, some that are adjacent and some that are not. Proposes that a long term solution is to provide reasonable protection on 30 mph streets and place flashing beacons on the higher speed areas.

089

Chair Brown

Closes the public hearing on HB 2840A and opens the public hearing on HB 3415.

 

Written testimony submitted by Tom Chatterton in opposition to HB 2840A (EXHIBIT I).

HB 3415 – PUBLIC HEARING

098

Rep. Dave Hunt

House District 40. Submits and summarizes prepared testimony in support of HB 3415 (EXHIBIT J).

122

Sen. Rick Metsger

Senate District 26. States the intent of HB 3415 is, if it is apparent that OTIA III funds are not absolutely required to meet repair requirements the monies can be allocated differently.

145

Rep. Kim Thatcher

House District 25. States this is an opportunity to reallocate monies toward projects of statewide significance.

157

Rep. George Gilman

House District 55 and Chair of the House Transportation Committee. Explains that there appears to be savings from OTIA III and how those savings should be used is specified in HB 3415.

169

Sen. Gary George

Senate District 12. Comments on Highway 30 traffic backups, Highway 99 W gridlock and roads that are in complete disrepair in Lincoln City.

217

Leslie Lewis

Commissioner, Yamhill County. Submits prepared testimony in support of HB 3415 and states that this bill will help move projects of statewide significance forward (EXHIBIT K).

269

Bill Kennemer

Commissioner, Clackamas County.  Submits prepared testimony in support of HB 3415 (EXHIBIT L) and prepared testimony in support from Washington County and the Oregon Home Builders Association (EXHIBIT M). Discusses the growth projections of Damascus

299

Jeff Bennett

Chair, Clackamas County Development Commission. Submits prepared testimony in support of HB 3415 and discusses the Sunrise Corridor as a critical link between the Portland region and eastern Oregon (EXHIBIT N).

332

Art Schlack

Policy Manager, Association of Oregon Counties (AOC). Submits prepared testimony in support of HB 3415 (EXHIBIT O). States that the funding of projects identified by the Oregon Transportation Commission is of major importance to further economic development.

357

Wilda Parks

President and CEO North Clackamas County Chamber of Commerce. Submits prepared testimony in support of HB 3415 (EXHIBIT P).

378

Greg DeGrazia

Member, North Clackamas Chamber of Commerce. Reiterates the Chamber’s support of HB 3415.

397

Randy Tucker

Legislative Affairs Manager for Metro. Refers to correspondence to the Legislative Assembly and notes support from JPACT on page two (EXHIBIT Q).

 

Rep. Donna Nelson

Provided testimony in support earlier in the meeting *(See Tape 108 #360).

 

Prepared testimony submitted for the record from David Marks, Clackamas County Business Alliance; Bob Stewart, Mayor, City of Newberg; C. Diane Ragsdale, Mayor, City of Dundee; Eric Wright and Brent Adams, McMinnville Area Chamber of Commerce; and Sheryl Kelsh, Chehalem Valley Chamber of Commerce (EXHIBIT R).

427

Chair Brown

Closes the public hearing on HB 3415 and opens the work session on HB 3415.

HB 3415 – WORK SESSION

430

Chair Brown

MOTION:  Moves HB 3415 to the floor with a DO PASS recommendation.

433

 

VOTE:  3-0-2

EXCUSED:  2 - Ringo, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

438

Chair Brown

Closes the work session on HB 3415 and opens the work session on HB 2840.

TAPE 108, B

HB 2840A – WORK SESSION

038

Chair Brown

Expresses concern about changing the bill in light of numerous conversations with House members.

049

Chair Brown

MOTION:  Moves HB 2840A to the floor with a DO PASS recommendation.

050

 

VOTE:  3-0-2

EXCUSED:  2 - Ringo, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

054

Chair Brown

Closes the work session on HB 2840A and opens the public hearing on the executive appointment to the Commission for Women.

EXECUTIVE APPOINTMENT – PUBLIC HEARING

COMMISSION FOR WOMEN – APPOINTMENT OF ELLIE MCPEAK (EXHIBIT S)

066

Ellie McPeak

Testifies via conference call. Explains her interest in serving on the Commission For Women. Provides an overview on the economic and educational challenges of women in Oregon. Discusses how the commission can promote confidence in women and provide information on where women can go for help.

119

Chair Brown

Responds that the advocacy commissions are struggling for funding this session and anticipates needing letters and phone calls to help move a bill that combines the administrative functions of the advocacy commissions.

126

Chair Brown

Closes the public hearing on executive appointments and opens the public hearing on HB 2174A.

HB 2174A – PUBLIC HEARING

130

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2174A.

140

Gary Whitney

Policy and Program Coordinator, Oregon Economic and Community Development Department (OECDD). States support for HB 2174A and explains the purpose is to organize and streamline the statutes for the special public works fund.

193

Whitney

Describes the streamlining efforts that are planned.

230

Rep. Brad Avakian

House District 34. Submits and discusses the -8 amendments and supports HB 2174 as it is. Explains that page 11 of the amendments add to the definition of a business development project (EXHIBIT T).

257

Sen. Laurie Monnes Anderson

Senate District 25. Submits prepared testimony on efforts for building a cultural arts center, (EXHIBIT U). Supports adding a center for arts to the definition.

300

Rep. Avakian

Acknowledges the sensitivity to adding new language.

315

Victoria Pruett

OECDD. States the department supports infrastructure projects in communities. States neutrality on the bill and suggests that the addition to the language opens up broad interpretation and provides and examples.

379

Chair Brown

Closes the public hearing on HB 2174A. Opens the public hearing on HB 2537.

HB 2537 – PUBLIC HEARING

384

Chair Brown

States the bill will not be moved today. Closes the public hearing on HB 2537. States that HB 3179 will need more time. Opens the public hearing on the executive appointment to the Commission for the Blind.

EXECUTIVE APPOINTMENT – PUBLIC HEARING

COMMISSION FOR THE BLIND – JOYCE GREEN (EXHIBIT E, Page 6)

420

Chair Brown

Unable to make contact, Chair Brown leaves a message and closes the public hearing for executive appointment on the Commission for the Blind. Adjourns the meeting at 3:15 p.m.

 

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A. HB 2754A, prepared testimony, Denise Honzel, 2 pp

B. HB 2754, prepared testimony, Jo Bell, 2 pp

C. Tourism Commission, Oregon, Governor’s office and staff, 7 pp

D. Watershed Enhancement Board, Oregon, Governor’s office and staff, 17 pp

E. Blind, Oregon Commission for the, staff, 8 pp

F. HB 3127, prepared testimony and -1 amendments, Sandy Flicker, 4 pp

G. HB 2840A, prepared testimony, Troy Costales, 1 p

H. HB 2840A, prepared testimony, Mark Lear, 6 pp

J. HB 3415A, prepared testimony, Representative Dave Hunt, 2 pp

K. HB 3415A, prepared testimony, Leslie Lewis, 1 p

L. HB 3415A, prepared testimony, Bill Kennemer, 8 pp

M. HB 3415A, prepared testimony, Bill Kennemer, 2 pp

N. HB 3415A, prepared testimony, Jeff Bennett, 3 pp

O. HB 3415, prepared testimony, Arthur Schlack, 1 p

P. HB 3415A, prepared testimony, Wilda Parks, 2 pp

Q. HB 3415A, prepared testimony, Randy Tucker, 2 pp 

S. Women, Commission for, staff and Governor’s Office, 8 pp

T. HB 2174A, -A8 amendments, Representative Brad Avakian, 12 pp

U. HB 2174, Gresham Center for the Arts, Senator Laurie Monnes Anderson, 1 p

V.   Construction Contractors Board, staff, 6 pp

W.  Midwifery, State Board of Direct Entry, staff, 7 pp

X.   Outdoor Youth Program Advisory Board, staff, 12 pp

Y.   Patient Safety Commission Board of Directors, Oregon, staff, 25 pp

Z.   Public Safety Standards and Training, Board on, staff, 25 pp

AA. Transportation Commission, Oregon, staff, 7 pp

 

Testimony submitted without public testimony

I. HB 2840A, written testimony, Tom Chatterton, 1 p

R. HB 3415A, prepared testimony submitted for the record by David Marks, Bob Stewart, C. Tourism Commission, Oregon, staff, 5 pp