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.

 

TAPE/#

Speaker

Comments

TAPE 125, A

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.

SB 1057A – WORK SESSION

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.

HB 2089A, HB 2234C, HB 2514 AND HB 3143B – WORK SESSION

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.

090

 

VOTE:  5-0-0

 

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

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.

SB 1074 – WORK SESSION

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.

311

Sen. Prozanski

Discusses reliance on this revenue in Coburg. Discusses level of service provided for in Coburg.

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.

TAPE 126, A

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.

SB 660 – WORK SESSION

065

Chair Brown

MOTION:  Moves to ADOPT SB 660-3 amendments dated 06/24/05.

066

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

067

Chair Brown

MOTION:  Moves SB 660 to the floor with a DO PASS AS AMENDED recommendation.

069

 

VOTE:  5-0-0

 

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.

SB 1057A  – WORK SESSION

076

Chair Brown

MOTION:  Moves to ADOPT SB 1057-A7 amendments dated 06/13/05.

 

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ringo, Shields, Brown

NAY:               1 - Ferrioli

 

Chair Brown

The motion CARRIES.

085

Chair Brown

MOTION:  Moves SB 1057A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

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.

SB 1082 – WORK SESSION

 

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.

HB 2233A – PUBLIC HEARING

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.

HB 2233A – WORK SESSION

218

Chair Brown

MOTION:  Moves HB 2233A to the floor with a DO PASS recommendation.

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.

229

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ferrioli

 

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.

232

 

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.

HB 3145A – PUBLIC HEARING

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.

300

Chair Brown

Closes the public hearing on HB 3145A and opens a work session on HB 3145A.

HB 3145A – WORK SESSION

301

Chair Brown

MOTION:  Moves to ADOPT HB 3145-A3 amendments dated 06/24/05.

302

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

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.

305

 

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”.

332

 

VOTE:  4-0-1

EXCUSED: 1 - Shields

333

 

VOTE:  5-0-0

(Note: See Tape 126, A, counter 229, and page 4 of these minutes.)

 

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".

337

 

VOTE:  4-0-1

EXCUSED: 1 - Shields

338

 

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.

SB 446 – PUBLIC HEARING

 

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.

SB 446 – WORK SESSION

438

Sen. Ringo

MOTION:  Moves to ADOPT SB 446-12 amendments dated 06/17/05.

442

 

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

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

TAPE 125, B

015

Chair Brown

Closes the work session on SB 446 and opens a work session on SB 1082.

SB 1082 – WORK SESSION

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