SENATE COMMITTEE ON RULES
June 24, 2005 Hearing Room C
1:00 P.M. Tapes 125 - 126
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 1057A – Work Session
HB 2089A – Work Session
HB 2234C – Work Session
HB 2514 – Work Session
HB 3143B – Work Session
SB 660 – Work Session
SB 1074 – Work Session
HB 2233A – Public Hearing and Work Session
SB 1082 – Work Session
HB 3145A – Public Hearing and Work Session
SB 446 – Public Hearing 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 125, A |
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|
005 |
Chair Brown |
Calls meeting to order at 1:06 p.m. Makes opening remarks regarding today’s agenda. Opens a work session on SB 1057A. |
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SB 1057A – WORK SESSION |
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|
014 |
Tiffany Harris |
Committee Administrator. Provides an overview of SB 1057A. Submits the –A7 amendments to SB 1057A (EXHIBIT A). |
|
018 |
Sen. Floyd Prozanski |
Senate District 4. Explains the –A7 amendments. |
|
054 |
Chair Brown |
Asks clarification question regarding the freezing of an account. |
|
057 |
Sen. Prozanski |
Discusses requirements for an individual to freeze an account. |
|
073 |
Chair Brown |
Closes the work session on SB 1057A and opens a work session on HB 2089A, HB 2234C, HB 2514 and HB 3143B. |
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HB 2089A, HB 2234C, HB 2514 AND HB 3143B – WORK SESSION |
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|
080 |
Chair Brown |
MOTION: Moves HB 2089A, HB 2234C, HB 2514, AND HB 3143B to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue. |
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090 |
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VOTE: 5-0-0 |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
092 |
Chair Brown |
Closes the work session on HB 2089A, HB 2234C, HB 2514 and HB 3143B. |
|
SB 660 – WORK SESSION |
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|
095 |
Tiffany Harris |
Committee Administrator. Provides an overview of SB 660. Submits the -3 amendments (EXHIBIT B). |
|
104 |
Amanda Rich |
Special Districts of Oregon. Explains SB 660 with the -3 amendments. Submits written testimony in support of SB 660 with the -3 amendments (EXHIBIT C). |
|
126 |
Sen. Ringo |
Wonders if this will make it easier or create additional hurdles to form special districts. |
|
130 |
Rich |
Responds. |
|
137 |
Chair Brown |
Closes the work session on SB 660 and opens a work session on SB 1074. |
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SB 1074 – WORK SESSION |
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|
145 |
Sen. Floyd Prozanski |
Senate District 4. Discusses SB 1074. Submits and discusses the -3 amendments (EXHIBIT D) and the -5 amendments (EXHIBIT E) to SB 1074. |
|
200 |
Sen. Prozanski |
Discusses the City of Coburg’s reliance on ticketing for revenue. |
|
220 |
Sen. Prozanski |
Comments on legislation passed in 2003 on this issue. |
|
234 |
Sen. Prozanski |
Comments on the annexation that took place in Coburg which incorporated a part of I-5 into the city limits. |
|
240 |
Sen. Prozanski |
Concludes testimony on SB 1074. |
|
267 |
Sen. Shields |
Wonders about the size of cities with a four percent average of revenue. Asks for clarification. |
|
275 |
Sen. Prozanski |
Discusses how the study was done and the results of the study. |
|
297 |
Sen. Shields |
Believes that part of this seems like a corrective action and part of it seems punitive. Discusses the change in administration in Coburg. Asks for comments. |
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311 |
Sen. Prozanski |
Discusses reliance on this revenue in Coburg. Discusses level of service provided for in Coburg. |
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325 |
Sen. Shields |
Asks if Sen. Prozanski has talked with Sen. Morrisette. |
|
329 |
Sen. Prozanski |
Replies he has talked with Sen. Morrisette two or three times. Discusses the conversations. |
|
360 |
Don Bishoff |
Legislative Assistant, Sen. Morrisette’s office. Submits and reads written testimony regarding SB 1074 (EXHIBIT F). |
|
414 |
Chair Brown |
Asks for Mr. Bosley’s thoughts on the -3 and the -5 amendments to SB 1074. |
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TAPE 126, A |
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|
002 |
John Bosley |
Chief of Police, City of Coburg. Asks if the -3 amendments would leave the moratorium in place. |
|
003 |
Chair Brown |
Replies yes. |
|
004 |
Bosley |
Expresses opposition to any type of moratorium because of its punitive nature. Explains he cannot identify what the city of Coburg has done wrong. Discusses the -5 amendments. |
|
020 |
Sen. Shields |
Refers to Sen. Morrisette’s testimony. Verifies that they do not stop anyone going under 80 mph. |
|
023 |
Bosley |
Confirms this. Provides background information on citations given. |
|
029 |
Sen. Shields |
Comments this is a 65 mph zone. |
|
030 |
Bosley |
Explains he has all the violations by type that were cited in that period. |
|
033 |
Bill Judd |
Council Member, Coburg City Council. Discusses concerns with SB 1074. Discusses services provided for by the City of Coburg. |
|
055 |
Sen. Atkinson |
Wonders how they would lose the ability to patrol. |
|
057 |
Judd |
Explains they would have to make some cuts in the police department. Believes that affects everyone. |
|
064 |
Chair Brown |
Closes the work session on SB 1074 and re-opens the work session on SB 660. |
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SB 660 – WORK SESSION |
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|
065 |
Chair Brown |
MOTION: Moves to ADOPT SB 660-3 amendments dated 06/24/05. |
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066 |
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VOTE: 5-0-0 |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
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067 |
Chair Brown |
MOTION: Moves SB 660 to the floor with a DO PASS AS AMENDED recommendation. |
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069 |
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VOTE: 5-0-0 |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. SHIELDS will lead discussion on the floor. |
|
075 |
Chair Brown |
Closes the work session on SB 660 and re-opens the work session on SB 1057A. |
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SB 1057A – WORK SESSION |
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|
076 |
Chair Brown |
MOTION: Moves to ADOPT SB 1057-A7 amendments dated 06/13/05. |
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|
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VOTE: 4-1-0 AYE: 4 - Atkinson, Ringo, Shields, Brown NAY: 1 - Ferrioli |
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Chair Brown |
The motion CARRIES. |
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085 |
Chair Brown |
MOTION: Moves SB 1057A to the floor with a DO PASS AS AMENDED recommendation. |
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|
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VOTE: 3-2-0 AYE: 3 - Ringo, Shields, Brown NAY: 2 - Atkinson, Ferrioli |
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|
Chair Brown |
The motion CARRIES. SEN. PROZANSKI will lead discussion on the floor. |
|
090 |
Sen. Ferrioli |
Serves notice of a possible minority report. |
|
092 |
Chair Brown |
Closes the work session on SB 1057A and opens a work session SB 1082. |
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SB 1082 – WORK SESSION |
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|
|
Tiffany Harris |
Committee Administrator. Submits the -1 amendments (EXHIBIT G), the -2 amendments (EXHIBIT H), and the -3 amendments (EXHIBIT I) to SB 1082. |
|
096 |
Mark Nelson |
Industrial Customers of NW Utilities. Explains opposition to SB 1082. |
|
105 |
Sen. Ferrioli |
Discusses compromises considered. |
|
110 |
Nelson |
Responds. |
|
119 |
Sen. Atkinson |
Wonders about removing the tribal definition from the language of the bill. |
|
122 |
Nelson |
Responds. |
|
135 |
Chair Brown |
Explains understanding of agreement made on both sides. |
|
141 |
Nelson |
States he did not agree to make an amendment. |
|
144 |
Chair Brown |
States that was her understanding at the time. |
|
145 |
Sen. Shields |
Wonders if witness discussed the benefit of cleaning up the forest floors relative to forest fires. |
|
149 |
Nelson |
Replies yes. Believes that is not the appropriate use for electricity rates. Explains in detail. |
|
163 |
Chair Brown |
Closes the work session on SB 1082 and opens a public hearing on HB 2233A. |
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HB 2233A – PUBLIC HEARING |
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|
176 |
Tiffany Harris |
Committee Administrator. Provides an overview of HB 2233A. |
|
182 |
Fred Boss |
Department of Justice. Testifies in support of HB 2233A. |
|
200 |
Kevin Neely |
Department of Justice. Discusses the amendments added to the original bill in the House. |
|
216 |
Chair Brown |
Closes the public hearing on HB 2233A and opens a work session on HB 2233A. |
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HB 2233A – WORK SESSION |
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|
218 |
Chair Brown |
MOTION: Moves HB 2233A to the floor with a DO PASS recommendation. |
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219 |
Tiffany Harris |
Committee Administrator. Informs the committee there is an amendment that needs to be adopted to resolve conflicts. Submits the –A6 amendments to HB 2233A (EXHIBIT J). |
|
220 |
Chair Brown |
Withdraws the motion. |
|
226 |
Chair Brown |
MOTION: Moves to ADOPT HB 2233-A6 amendments dated 06/24/05. |
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229 |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Ferrioli |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
230 |
Chair Brown |
MOTION: Moves HB 2233A to the floor with a DO PASS AS AMENDED recommendation. |
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232 |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Shields (Note: See Tape 126, A, counter 325, and page 5 of these minutes.) |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
244 |
Chair Brown |
Closes the work session on HB 2233A and opens a pubic hearing on HB 3145A. |
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HB 3145A – PUBLIC HEARING |
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|
250 |
Tiffany Harris |
Committee Administrator. Provides an overview of HB 3145A and submits the –A3 amendments for the record (EXHIBIT K). |
|
258 |
Kevin Neely |
Department of Justice. Discusses the –A3 amendments. |
|
280 |
Chair Brown |
Asks if the House is receptive to these amendments. |
|
285 |
Neely |
Responds. |
|
291 |
Chair Brown |
Makes comments. |
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300 |
Chair Brown |
Closes the public hearing on HB 3145A and opens a work session on HB 3145A. |
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HB 3145A – WORK SESSION |
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|
301 |
Chair Brown |
MOTION: Moves to ADOPT HB 3145-A3 amendments dated 06/24/05. |
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302 |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Shields |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
304 |
Chair Brown |
MOTION: Moves HB 3145A to the floor with a DO PASS AS AMENDED recommendation. |
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305 |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Shields (Note: See Tape 126, counter 336, and page 5 of these minutes.) |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor. |
|
310 |
Chair Brown |
Closes the work session on HB 3145A. |
|
321 |
Sen. Atkinson |
Requests to cast his vote on the last two measures. |
|
325 |
Chair Brown |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON and SEN. FERRIOLI to BE RECORDED as voting AYE on the “motion to move HB 2233A to the floor with a DO PASS AS AMENDED recommendation”. |
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332 |
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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333 |
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VOTE: 5-0-0 (Note: See Tape 126, A, counter 229, and page 4 of these minutes.) |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
336 |
Chair Brown |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. ATKINSON to BE RECORDED as voting AYE on the "motion to move HB 3145A to the floor with a DO PASS AS AMENDED recommendation". |
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337 |
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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338 |
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VOTE: 4-0-1 EXCUSED: 1 – Shields (Note: See Tape 126, A, counter 232, and page 5 of these minutes.) |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor. |
|
354 |
Chair Brown |
Opens a public hearing on SB 446. |
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SB 446 – PUBLIC HEARING |
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|
|
Tiffany Harris |
Committee Administrator. Submits the -12 amendments to SB 446 (EXHIBIT L). |
|
360 |
Rep. Dave Hunt |
House District 40. Notes the -12 amendments are intended to replace the original bill. Explains the -12 amendments. |
|
389 |
Tina Kotek |
Children First for Oregon. Testifies in support of SB 446 with the -12 amendments. |
|
404 |
Sen. Shields |
Makes comments. |
|
408 |
Rep. Hunt |
Thanks Sen. Ringo and Sen. Bates. |
|
422 |
Sen. Ringo |
Makes comments. |
|
432 |
Chair Brown |
Closes the public hearing on SB 446 and opens a work session on SB 446. |
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SB 446 – WORK SESSION |
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|
438 |
Sen. Ringo |
MOTION: Moves to ADOPT SB 446-12 amendments dated 06/17/05. |
|
442 |
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VOTE: 5-0-0 |
|
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
|
445 |
Sen. Ringo |
MOTION: Moves SB 446 to the floor with a DO PASS AS AMENDED recommendation. |
|
449 |
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VOTE: 5-0-0 |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. SHIELDS will lead discussion on the floor. |
|
TAPE 125, B |
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|
015 |
Chair Brown |
Closes the work session on SB 446 and opens a work session on SB 1082. |
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SB 1082 – WORK SESSION |
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|
018 |
Sen. Ferrioli |
MOTION: Moves to ADOPT SB 1082-3 amendments dated 06/23/05. |
|
020 |
Sen. Ferrioli |
Believes the tribes support the -3 amendments. |
|
021 |
Chair Brown |
Agrees. |
|
023 |
Sen. Ringo |
Verifies that Chair Brown believes the tribes support the -3 amendments. |
|
024 |
Chair Brown |
Replies that is her understanding. |
|
025 |
Sen. Ringo |
Verifies the -3 amendments apply only to tribal land. |
|
026 |
Chair Brown |
Replies no. Believes it to be broader. |
|
027 |
Sen. Ferrioli |
Makes comments on language. |
|
029 |
Chair Brown |
Reads specific language from the -3 amendments. |
|
030 |
Sen. Ringo |
States he does not have the -3 amendments. Wonders if they change the definition of a qualifying forest biomass project. |
|
034 |
Mark Nelson |
Industrial Customers of NW Utilities. Explains the -3 amendments. |
|
039 |
Sen. Ringo |
Expresses concerns. |
|
044 |
Sen. Ferrioli |
Withdraws the motion on the -3 amendments. |
|
047 |
Chair Brown |
Closes the work session on SB 1082. |
|
055 |
Sen. Ringo |
Requests the committee recess for ten minutes to allow time for Chris Crean to arrive. |
|
060 |
Chair Brown |
Recesses the meeting at 2:10 p.m. |
|
|
Chair Brown |
Calls the meeting back to order at 2:21 p.m. Makes comments regarding SB 1037A and SB 1074. |
|
065 |
Chair Brown |
Adjourns the meeting at 2:23 p.m. |
EXHIBIT SUMMARY
A. SB 1057A, -A7 amendments, staff, 6 pp
B. SB 660, -3 amendments, staff, 7 pp
C. SB 660, written testimony, Amanda Rich, 6 pp
D. SB 1074, -3 amendments, Sen. Floyd Prozanski, 1 p
E. SB 1074, -5 amendments, Sen. Floyd Prozanski, 4 pp
F. SB 1074, written testimony, Don Bishoff, 1 p
G. SB 1082, -1 amendments, staff, 1 p
H. SB 1082, -2 amendments, staff, 1 p
I. SB 1082, -3 amendments, staff, 1 p
J. HB 2233A, -A6 amendments, staff, 2 pp
K. HB 3145A, -A3 amendments, staff, 5 pp
L. SB 446, -12 amendments, staff, 1 p