SENATE COMMITTEE ON RULES

 

June 22, 2005                                                                                                         Hearing Room C

3:00 P.M.                                                                                                                  Tapes 119 - 120

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:          

                                                HB 2335A – Public Hearing and Work Session

                                                HB 2070A – Public Hearing and Work Session

                                                HB 2202A – Public Hearing and Work Session

                                                HB 3029A – Public Hearing and Work Session

                                                SB 1068 – Public Hearing

                                                SB 1082 – Public Hearing

                                                HB 2104 – Work Session

                                                SB 499 – Reconsideration and 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 119, A

003

Chair Brown

Calls the meeting to order at 3:10 p.m. and opens the public hearing on HB 2335A.

HB 2335A – PUBLIC HEARING

008

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2335A.

014

Rep. Krummel

House District 26. Explains HB 2335A arose to address issues regarding the length of time DHS and law enforcement take to investigate the voluntary removal of a parent, guardian or care giver and due process issues.  The bill directs DHS to notify the county multi disciplinary team and at the parents request look into the case. Notes that this does not create new private rights of action. Recommends moving to the floor without amendments.

047

Chair Brown

Recalls that a bill that addresses the issues raised in the –A7 amendments (EXHIBIT A) has already passed the senate.

050

Rep. Krummel

Responds that the –A7 are similar to SB 895 and explains the District Attorney’s Association have an issue with the –A7 amendments.

058

Chair Brown

Closes the public hearing on HB 2335 and opens the public hearing on HB 2070A.

HB 2070A – PUBLIC HEARING

066

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2070A.

071

Sen. Vicki Walker

Senate District 7. Defers to Rep. Butler who is the sponsor of the bill.

077

Rep. Tom Butler

House District 60. Explains HB 2070A provides an opportunity to small counties under 50,000 people, who have IEP programs, to allow  these counties to have the money follow the student from one school district to the next.

101

Sen. Vicki Walker

States that the -A3 amendments (EXHIBIT B) is SB 766 which passed the senate chamber earlier in the year. Explains this bill brings more accountability and transparency to school administrator contracts.  

120

Chair Brown

Closes the public hearing on HB 2070A and opens the public hearing on HB 2335A.

HB 2335A – PUBLIC HEARING

122

Terry Fennell

Foster parent, Marion county. Discusses having a clear understanding of an allegation in a timely manner. Describes knowledge of general allegations that took 8.5 months to be revealed.

148

Chair Brown

Asks if there was a petition for dependency filed during the time period.

150

Fennell

Answers he does not know. States that the children were removed from the foster parent and it took 8.5 months to receive a written explanation of what the outcome would be.

156

Chair Brown

Closes the public hearing on HB 2335A. Opens the public hearing on HB 2070.  

HB 2070A – PUBLIC HEARING

168

Chair Brown

Closes the public hearing on HB 2070. Opens the public hearing on   HB 2202A.

HB 2202A – PUBLIC HEARING

171

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2202A.

179

Jean Lasater

Submits and summarizes an overview of HB 2202A (EXHIBIT C).

228

Chair Brown

States it is her hope that through this task force work can be done to explore dollars following homeless youth in foster care.

237

Sen. Ringo

Notes there is no fiscal impact statement and ask how would this be accomplished.

248

Chair Brown

Responds that DHS and the Children and Families Commissions have ad hoc groups meeting on this issues and this is a coordination of those efforts.

256

Sen. Ringo

Asks could the agency be doing this with current resources.

261

Lasater

Responds that this bill is intended to operate under current budget constraints.

270

Vicki Lansing

Director, Oregon Commission on Children and Families. Answers they will intentionally address this issue to the extent possible with current resources.

280

Chair Brown

Suggests focusing on the outcomes of specific programs that are working for the legislature to build on next session.

288

Chair Brown

Closes the public hearing on HB 2202A and opens HB 3029A.

HB 3029A – PUBLIC HEARING

294

Tiffany Harris

Committee Administrator. Explains the provisions of HB 3029A.

 

Vicki Lansing

Director, Oregon Commission on Children and Families. Explains why it is practical to move the Juvenile Crime Prevention Advisory Committee to the Commission on Children and Families.

336

Becky Ekland

Juvenile Crime Prevention Coordinator, Oregon Criminal Justice Commission. Supports Ms. Lansing’s testimony and the move noting that it allows the criminal justice system to plan.

349

Paul Snider

Association of Oregon Counties. Supports HB 3029A.

359

Chair Brown

Asks why the emergency clause was added.

360

Lansing

Explains the intent is to transfer employees and the functions smoothly.

 

Chair Brown

Closes the public hearing on HB 3029A and opens the public hearing on SB 1068.

SB 1068 – PUBLIC HEARING

380

Gina Skinner

Deputy District Attorney in Washington County, representing the Oregon District Attorney’s Association.  Submits prepared testimony in support of SB 1068 (EXHIBIT D). Explains the bill is needed to clarify the authority police have to enforce current release orders.

452

Skinner

Explains how domestic violence crimes are difficult to prosecute because the victims either feel threatened or are influenced to minimize their testimony. Explains that the punishment of contempt of court does not refer to a release agreement and is not reflected in the criminal record.

TAPE 120, A

053

Sybil Hebb

Civil Legal Attorney, Oregon Law Center. Explains that victims of domestic violence often feel the no contact order protects them but it does not because it does not provide for an arrest.

080

Jean Kunkle

Manager, Domestic Violence Trial Team, Marion County. Concurs with Ms. Skinner and Ms. Hebb’s testimony. States these cases almost always involve batters who are intentionally disregarding the order of the court in the no contact order.

095

Kelly Skye

Legislative Representative, Oregon Criminal Defense Lawyers Association. Testifies in opposition to SB 1068 stating there are a number of ways this is handled today for contempt proceedings. The problem that she is hearing is that police are confused about their authority to arrest for violation of a release agreement. Suggests that ORS 133.310 be amended to provide clarity.

126

Skye

States that often times the victim initiates contact with the offender, such as by bailing them out, because the victim is not aware of the no contact provision. This bill places the defendant in extra jeopardy.

155

Chair Brown

Asks is a restraining order violation held in family law court.

157

Skye

Answers yes. Suggests clearing up the authority to arrest if there is a no contact order present. Notes the additional costs this will have on some cases and other complications.

207

Nancy Miller

Deputy State Court Administrator, Program Operations Oregon Judicial Department. States that the department is neutral on SB 1068. Notes there is a fiscal impact and they would request a subsequent referral to Senate Budget. Estimates that 5% of Assault 4 misdemeanors would be affected at a cost of $120,000.

232

Chair Brown

Asks where the 5% estimate came from.

232

Miller

Answers it is a conservative guess.

236

Sen. Ringo

Requests a response from the proponents.

243

Chair Brown

Notes that if there is a 5% problem, it needs to be addressed.

251

Skinner

Responds in agreement on the point of victims wanting contact and explains the reason is because the offenders have put the victims in a vulnerable position and are completely dependent them.

278

Sen., Ringo

Ask about the circumstances when the victim is unaware of the no contact order.

281

Skinner

Answers that the victims are notified. There is a document the perpetrator is required to go through and sign on in order to get out of jail.

316

Chair Brown

Confirms the different counties being represented are Washington, Marion and Multnomah. 

317

Skinner

Reviews current remedies. States that time lags and full jails are an issue.

367

Sen. Ringo

Confirms that a contempt order can be punishable up to six months.

374

Skinner

Responds that most District Attorneys are not filing these; it cannot be added to the criminal charges or be part of the proceeding, it has to be handled in its own proceeding.

407

Kunkle

States the vast majority of these charges are dropped because the defendant is influencing the victim.

TAPE 119, B

001

Skinner

Explains tampering with the witness charges relative to the defendant’s motives.

024

Chair Brown

Directs the parties to converse and reduce the fiscal impact.

033

Skinner

Notes that it is her understanding the fiscal is related to making the charge a felony.

040

Chair Brown

Closes the public hearing on SB 1068 and opens the public hearing on SB 1082.

SB 1082 – PUBLIC HEARING

045

Sen. Ben Westlund

Senate District 27. Discusses the threat of summer wildfires and the concern of the tribes to prevent forest fires. Supports SB1082 with the   -1 amendments (EXHIBIT E).

082

Michael Mason

Representing the Confederated Tribes of Warm Springs. Submits prepared testimony in support of SB 1082 on behalf of Louis Pitt, Jr. (EXHIBIT F). Explains that when the tribes gave up ten million acres to the United States they did not give up the stewardship obligations. It has been over a century of mistaken mismanagement with underbrush and runaway juniper on the rangelands.

102

Mason

Explains they sought the bill because wind is not as stable an energy source as bio-mass is. They are asking for help with the PUC.

132

Sen. Ringo

Ask if there is funding for clearing the under growth. Asks what are the costs and is it self sustaining.

134

Mason

Answers the operating $4.2 million annually, the primary cost is getting the fuels to the mill. The capital cost for the project is $31.5 million and the tribes will borrow about $9 million from private lenders.

150

Sen. Ringo

Asks if it is self sustaining

153

Mason

Answers not in the first few years, but ultimately yes.

159

Sen. Westlund

Adds that some of the rate will have to be subsidized.

164

Sen. Shields

Asks what are the characteristics of the mill.

178

Louis Pitt, Jr.

Director of Government Affairs and Planning, Confederated Tribes of the Warm Springs. Responds the mill is a classic boiler.  There is the business side and the forest health side, this is one more tool to

204

Sen. Shields

Ask how many jobs will this create.

208

Mason

Answers the estimate is between 60 to 70 on-reservation jobs.

217

Sen. Westlund

Addresses the -1 amendments. Refers to line 22 in the original bill and suggests changing “shall” to “may”.

239

Chair Brown

Closes the public hearing on SB 1082 and opens the work session on HB 2104A.

HB 2104A – WORK SESSION

240

Tiffany Harris

Committee Administrator. Explains the provisions of HB 2104A.

249

Chair Brown

MOTION:  Moves to ADOPT HB 2104A -A3 amendments dated 5/20/05 (EXHIBIT G).

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

251

Chair Brown

MOTION:  Moves HB 2104A to the floor with a DO PASS AS AMENDED recommendation.

253

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

259

Chair Brown

Closes the work session on HB 2104A and opens the work session on SB 499.

SB 499 – WORK SESSION

273

Mary Botkin

American Federation of State, County and Municipal Employees. Explains the -4 amendments (EXHIBIT H).

299

Chair Brown

Requests an explanation on the word changes.

300

Botkin

Explains the amendments were drafted to meet the actuarially neutral cost. Explains that the difference between the -3 (EXHIBIT I) and -4 amendments is the addition of “until the member attains the age of 55.”

 

319

Chair Brown

MOTION:  Moves to ADOPT SB 499-4 amendments dated 6/22/05.

322

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson*, Ringo (*see tape 119 B #406)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

323

Chair Brown

MOTION:  Moves SB 499 to the floor with a DO PASS AS AMENDED recommendation.

326

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

334

Chair Brown

Closes the work session on SB 499 and opens the work session on       HB 2070A.

HB 2070A – WORK SESSION

337

Chair Brown

MOTION:  Moves to ADOPT HB 2070A -A3 amendments dated 6/16/05.

339

Chair Brown

Notes for the record that Sen. Ferrioli objects.

341

Sen. Ferrioli

Requests the full committee be present.

352

Chair Brown

Recaps the status of HB 2070.

 

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

375

Chair Brown

The motion CARRIES.

 

Chair Brown

MOTION:  Moves HB 2070A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

382

Chair Brown

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

386

Sen. Ferrioli

Serves notice of a possible minority report.

SB 499 – RECONSIDERATION & WORK SESSION

393

Sen. Ferrioli

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on SB 499 as amended with the -4 amendments.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

406

Sen. Ferrioli

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON to BE RECORDED as voting NAY on the motion to move   SB 499 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-1-1

AYE:               3 - Shields, Ferrioli, Brown

NAY:               1 - Atkinson

EXCUSED:     1 - Ringo

421

Chair Brown

Closes the work session on SB 499 and opens the work session on    HB 2202A.

HB 2202 – WORK SESSION

430

Chair Brown

MOTION:  Moves HB 2202A to the floor with a DO PASS recommendation.

437

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

438

Chair Brown

Closes the work session on HB 2202A and opens the work session on HB 2335A.

HB 2335A – WORK SESSION

442

Chair Brown

MOTION:  Moves HB 2335A to the floor with a DO PASS recommendation.

 

 

VOTE: 5-0-0

443

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

445

Chair Brown

Closes the work session on HB 2335A and opens the work session on HB 3029A.

HB 3029A – WORK SESSION

456

Chair Brown

MOTION:  Moves HB 3029A to the floor with a DO PASS recommendation.

458

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

466

Chair Brown

Closes the work session on HB 3029A and opens the public hearing on SB 1082.

SB 1082 – PUBLIC HEARING

TAPE 120, B

020

Dan Postrel

Public Affairs Director, Oregon Department of Forestry. Testifies in support of SB 1082 because it fits with the Oregon Business Plan strategy, supports rural economic growth, and benefits forest health. Acknowledges the concerns of the PUC.

045

Greg Miller

Government Affairs Manager, Weyerhaeuser Company. Opposes the bill and suggests that all co-generators be treated equally. Supports the principals and projects of the tribes but disagrees with where this falls within the PUC process relative to rates.

092

Mark Nelson

Explains the fundamental problem is to ask all rate payers to pay for a project that may not be economical.

113

Chair Brown

Asks if they are still opposed if in lines 18 and 22 “shall” is deleted and replaced with “may.”

115

Nelson

Refers to line 10 of the amendments.

125

Sen. Ferrioli

Supports the shall/may changes in the amendments and the bill.  Notes for the record that the tax credits that come with alternative energy issues allow these plants to be viable. Notes the 40 to 50 percent unemployment factor on the Warm Springs reservation.

163

Chair Brown

Expresses that it was her understanding there was an agreement.

166

Nelson

Answers that he understood it would come back but there was not agreement on the language. 

169

Chair Brown

Asks about tribal sovereignty.

184

Nelson

Responds that they do not believe rate payers should pay for a project that is not economically feasible.  

190

Chair Brown

Closes the public hearing on SB 1082 and adjourns the meeting at 5:15 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 2335A, -A7 amendments, Representative Jerry Krummel, 2 pp

B.     HB 2070A, -A3 amendments, Senator Vicki Walker, 2 pp

C.     HB 2202A, prepared testimony, Jean Lasater, 12 pp

D. SB 1068, prepared testimony, Gina Skinner, 8 pp

E. SB 1082, -1 amendments, Senator Ben Westlund, 1 p

F. SB 1082, prepared testimony, Michael Mason, 2 pp

G. SB 2104A, -A3 amendments, staff, 1 p

H. SB 499, -4 amendments, Mary Botkin, 6 pp

I. SB 499, -3 amendments, Mary Botkin, 6 pp