SENATE COMMITTEE ON RULES

 

 

June 28, 2005                                                                                                         Hearing Room B

1:00 P.M.                                                                                                                 Tapes 133 – 136

Corrected 10/27/05

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

GUEST MEMBER:               Sen. Peter Courtney

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

James Goulding, Committee Assistant

 

 

MEASURE/ISSUES HEARD:          

                                                HB 2507A – Public Hearing and Work Session

                                                HB 2050A – Reconsideration and Work Session

                                                HB 2247A – Public Hearing and Work Session

                                                HB 2340 – Public Hearing and Work Session

                                                HB 2911A – Public Hearing

                                                SB 1083 – Work Session

                                                HB 2113A – Work Session

                                                HB 2800A – Work Session

                                                HB 2429A – Public Hearing and Work Session

                                                HB 2833A – Public Hearing and Work Session

                                                HB 3073A – Public Hearing and Work Session

                                                HB 3151A – Work Session

                                                HB 3075A – Public Hearing and Work Session

                                                SB 1011A – Work Session

                                                SB 1068 – Work Session

                                                HB 3044 – Work Session

                                                HB 2537 – Work Session

                                                SB 1000 – Reconsideration and Work Session

                                                HB 3262 – 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 133, A

003

Chair Brown

Calls the committee to order at 1:14 p.m.  Opens a public hearing on HB 2507A.

HB 2507A – PUBLIC HEARING

015

Tiffany Harris

Committee Administrator.  Explains the provisions of the measure.

020

Rep. Mitch Greenlick

House District 33.  Presents testimony in favor of HB 2507A.  Discusses the dangerous properties of sodium azide, released from auto vehicles during the dismantling process.    

060

Rep. Greenlick

Relates the need to remove dangerous compounds from vehicle airbags before they are wrecked or dismantled.

083

Sen. Shields

Considers if there is an alternative compound for deploying airbags.

087

Rep. Greenlick

Describes alternate methods already being used to deploy airbags.  Notes there is an international standard being developed.

096

Chair Brown

Closes the public hearing on HB 2507A.  Opens a work session on HB 2507A.

HB 2507A – WORK SESSION

105

Sen. Ringo

MOTION:  Moves HB 2507A to the floor with a DO PASS recommendation.

109

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

111

Chair Brown

Closes work session on HB 2507A.  Opens a work session on HB 2050 for the purpose of possible reconsideration.

HB 2050A – RECONSIDERAION AND WORK SESSION

113

Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering HB 2050A.

114

Chair Brown

Notes this is to adopt the –A7 conflict amendments (EXHIBIT A).

115

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

117

Chair Brown

MOTION:  Moves to RECONSIDER the vote by which "HB 2050A was moved to the floor with a do pass as amended recommendation".

118

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

120

Chair Brown

MOTION:  Moves to ADOPT HB 2050A-A7 amendments dated 6/28/05.

121

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

122

Chair Brown

MOTION:  Moves HB 2050A to the floor with a DO PASS AS AMENDED recommendation.

123

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

125

Chair Brown

Closes the work session on HB 2050A.  Opens a public hearing on HB 2247A.

HB 2247A - PUBLIC HEARING

126

Tiffany Harris

Committee Administrator.  Provides a brief overview of HB 2247A.

128

John VanLandingham

Lane County Law and Advocacy Center.  Testifies in support of HB 2247A.  Notes this measure is identical to SB 636, which was approved by the committee earlier in the session.

151

Pat Schwock

Executive Director, Manufactured Homeowners of Oregon.  Testifies in support of HB 2247A.

157

Chuck Carpenter

Executive Director, Manufactured Housing Communities of Oregon.  Provides his support for the measure.

159

Chair Brown

States that SB 636 has passed out of the Senate Budget committee.  Feels it is necessary to move this measure forward in the interest of time.

161

Sen. Ringo

Asks if there is a fiscal impact statement.

163

Chair Brown

Points out it has a minimal fiscal and it does not need to move to the Budget committee.  Closes the public hearing on HB 2247A.  Opens a work session on HB 2247A. 

HB 2247A - WORK SESSION

166

Sen. Ringo

MOTION:  Moves HB 2247A to the floor with a DO PASS recommendation.

168

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

170

Chair Brown

Closes the work session on HB 2247A.  Opens a public hearing on HB 2340.

HB 2340 – PUBLIC HEARING

172

Tiffany Harris

Committee Administrator.  Provides and overview of HB 2340.

180

Genoa Ingram

Oregon Fire Districts Association.  Presents testimony in favor of HB 2340 with the proposed -1 amendments (EXHIBIT B).

217

Bob Blackmore

Attorney, representing Tualatin Valley Fire and Rescue.  Testifies in regard to the importance of this measure for local fire districts. 

233

Ingram

Notes the support of the Oregon Fire Chief’s Association.

237

Chair Brown

Expresses her concern over duplication of fund raising authority.  Discusses the possibility that this could lead to the authority to charge fees to provide more revenue.

247

Ingram

Remarks that districts do not charge their own residents.  Notes that their funding comes from other taxes.    

265

Chair Brown

Closes the public hearing on HB 2340.  Opens a work session on HB 2340.

HB 2340 - WORK SESSION

275

Chair Brown

MOTION:  Moves to ADOPT HB 2340-1 amendments dated 6/2/05.

277

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

279

Chair Brown

MOTION:  Moves HB 2340 to the floor with a DO PASS AS AMENDED recommendation.

281

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

283

Chair Brown

Closes work session on HB 2340.  Opens a public hearing on HB 2911A.

HB 2911A - PUBLIC HEARING

285

Harris

Describes the provisions of the measure.

290

Ray Fields

McMinnville Rural Fire Protection District (MRFPD).  Presents written testimony in favor of HB 2911A (EXHIBIT C).

330

Fields

Continues describing how streamlining between counties can save money. 

370

Fields

Advocates the passage of the measure and further explains the changes to rural fire district audits. 

410

Fields

Requests changing the effective date to this year, rather than next.

TAPE 134, A

003

Michelle Deister

League of Oregon Cities.  Offers support for the measure.

005

Hasina Squires

Special Districts Association of Oregon.  Provides additional support for the measure.

010

Sen. Ringo

Observes changes to receipt of money from all sources and borrowing practices.  Wonders what the rationale behind the changes is.

015

Squires

Replies that the removal of receipts is related to the money being received, but not necessarily spent. 

023

Sen. Ringo

Relates that he is not sure this will save money, but does not oppose the measure.

027

Squires

Offers that they are asking for a moderate increasing in the inflationary index.

030

Sen. Ringo

Wonders why these numbers are better than the ones already in statute.

032

Fields

Explains that it combines processes to reduce costs.

036

Squires

Relays that it is a negotiated number.

037

Sen. Ringo

Asks who was negotiating.

038

Squires

States that Certified Public Accountants (CPAs) were involved.

040

Sen. Ringo

Wonders what the argument was in relation to setting the limit.

043

Squires

Responds that rural fire districts do not provide service themselves but contract out the work.

049

Sen. Ringo

Considers who was at the table arguing for regular audits.

053

Deister

Observes that they do not want to reduce accountability, but that they have a combined total.

057

Chair Brown

Closes the public hearing on HB 2911A.  Opens a work session SB 1083.

SB 1083 – WORK SESSION

069

Chair Brown

MOTION:  Moves SB 1083 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

073

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

075

Chair Brown

Closes the work session on SB 1083.  Opens a work session on HB 2113A.

HB 2113A – WORK SESSION

080

Chair Brown

States the –A4 amendments (EXHIBIT D) were drafted to address concerns brought up by Sen. Bruce Starr.

090

Chair Brown

MOTION:  Moves to ADOPT HB 2113A-A4 amendments dated 6/28/05.

092

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

094

Chair Brown

MOTION:  Moves HB 2113A to the floor with a DO PASS AS AMENDED recommendation.

096

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. B. STARR will lead discussion on the floor.

098

Chair Brown

Closes the work session on HB 2113A.  Opens a work session on HB 2800A.

HB 2800A – WORK SESSION

104

Martin Taylor

Oregon Nurses Association.  Testifies in favor of HB 2800A.  Expresses favor for –A6 amendments (EXHIBIT E).  Notes the support of the Hospital Association and Speaker Minnis.     

135

Taylor

Notes the –A7 amendment contains elements of SB 450 (EXHIBIT F) and is supported by Rep. Dalto.

149

Chair Brown

MOTION:  Moves to ADOPT HB 2800-A6 amendments dated 6/27/05.

 

 

VOTE:  5-0-0

153

Chair Brown

Hearing no objection, declares the motion CARRIED.

155

Chair Brown

MOTION:  Moves to ADOPT HB 2800A-A7 amendments dated 6/28/05.

157

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

158

Chair Brown

MOTION:  Moves HB 2800A to the floor with a DO PASS AS AMENDED recommendation.

160

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

163

Chair Brown

Closes the work session on HB 2800A.  Opens a public hearing on HB 2429A.

HB 2429A – PUBLIC HEARING

182

Barbara Crest

Executive Director, Northwest Automotive Trades Association (NATA).  Presents written testimony in favor of HB 2429A (EXHIBIT G).

205

Robert Anderson

AJ's Auto Repair in Salem, President of NATA.  Testifies in favor of HB 2429A.

244

Sen. Ringo

Wonders who was involved in the drafting of this legislation.

250

Crest

Replies that this measure originated in the 2003 legislative session.  Notes the consensus reached among members of the industry.

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

 

Robin Freeman

Oregon Department of Transportation (ODOT).  Submits written testimony for the record (EXHIBIT H)

255

Chair Brown

Closes the public hearing on HB 2429A.  Opens a public hearing on HB 2833A.

HB 2833A – PUBLIC HEARING

262

Tiffany Harris

Committee Administrator.  Provides and overview of the measure.

265

Mark Nelson

Representing Deschutes County.  Testifies in favor of HB 2833A.  Explains the particulars of the measure.

283

Ken Armstrong

Oregon Juvenile Department Directors Association (OJDDA).  Offers his support for the measure.   

289

Steven Dye

Director, Juvenile Department, Linn County.  Testifies in favor of HB 2833A.

300

Sen. Shields

Comments on differentiating job titles.

302

Dye

Discusses the use of different titles for “probation officers”.

307

Chair Brown

Considers why this is not being done elsewhere if it has been so successful in Deschutes County.

310

Nelson

Replies that they are allowing other counties to evaluate their program first.

318

Sen. Ringo

Observes they are removing the sunset clause.

323

Nelson

Replies yes.

325

Sen. Ringo

Offers that the program has been successful enough to warrant removal of the sunset.

330

Nelson

Concurs with Sen. Ringo.

331

Sen. Ringo

States that the sunset clause occurs in two days.  Notes this measure does not have an emergency clause.  Asks what will happen while they are waiting for this measure to take effect.

337

Nelson

Responds that is a good question.

350

Chair Brown

Indicates they need to move on at this time.  Informs Mr. Nelson that he can return later.  Closes the public hearing on HB 2833A.  Opens a public hearing on HB 3073A.

HB 3073A – PUBLIC HEARING

356

Harris

Explains the provisions of the measure.  Notes there is a –A4 amendment to the measure (EXHIBIT I).

370

Chair Brown

Summarize her understanding of the –A4 amendments.  Closes the public hearing on HB 3073A.  Opens a work session on HB 3073A. 

HB 3073A – WORK SESSION

390

Chair Brown

MOTION:  Moves to ADOPT HB 3073A-A4 amendments dated 6/28/05.

391

Sen. Shields

Wonders about the uses of “physical force” included in the definition of “self defense”.

393

Harris

Clarifies the “self defense” provision of the measure.

395

Sen. Ringo

Further clarifies the appropriate use of “self defense”.

405

Chair Brown

Appreciates all the clarification.

408

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

TAPE 133, B

003

Chair Brown

MOTION:  Moves HB 3073A to the floor with a DO PASS AS AMENDED recommendation.

005

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

007

Chair Brown

Closes the work session on HB 3073A.  Opens a work session on HB 3151A.

HB 3151A – WORK SESSION

017

Rep. Debi Farr

House District 14.  Testifies in favor of HB 3151A.    Discusses the various changes made to the measure so far.

047

Rep. Farr

Discusses current school lunch programs and volunteer programs in various districts.

058

Sen. Ringo

Offers his support for the measure.

062

Rep. Farr

Provides additional comments in regard to school districts contracting out for lunches.

073

Sen. Ringo

Comments on the –A3 (EXHIBIT J) amendments.  Wonders where they originated.

075

Rep. Farr

Does not know where the –A3 amendments came from.

078

Sen. Ferrioli

Suspects the –A3 amendments were drafted by the school districts.  States that some school districts are handling this themselves and may not want additional legislative direction.

083

Sen. Ringo

Asks which districts he is referring to.

087

Sen. Ferrioli

Points out the measure only impacts four school districts. 

089

Sen. Ringo

Feels the other districts have been accommodated.

091

Rep. Farr

Notes two districts would be exempt under the –A3 amendments.  Further discusses potential volunteer programs.

107

Sen. Ferrioli

Remarks that the school districts don’t appear to be asking for this help.

109

Chair Brown

Closes the work session on HB 3151A.  Reopens the public hearing on HB 2429A.

HB 2429A – PUBLIC HEARING

115

Tom Gallagher

Schnitzer Steel Industries.  States strong support for the measure. Indicates his only concern is that they adopt the –A3 amendments (EXHIBIT K) to better allow the recycling process to move forward.

127

Sen. Ringo

Expresses support.

128

Chair Brown

Asks about support for the amendment.

133

Gallagher

Replies the other chamber expressed desire to concur.

135

Chair Brown

Closes the public hearing on HB 2429A.  Opens a work session on HB 2429A.

HB 2429A – WORK SESSION

137

Chair Brown

MOTION:  Moves to ADOPT HB 2429A-A3 amendments dated 6/28/05.

139

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

141

Chair Brown

MOTION:  Moves HB 2429A to the floor with a DO PASS AS AMENDED recommendation.

143

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

145

Chair Brown

Closes the work session on HB 2429A.  Opens a public hearing HB 3075A.

HB 3075A – PUBLIC HEARING

149

Harris

Explains the provisions of the measure.

153

Angela Sherbo

Senior Attorney, Juvenile Rights Project.  Offers testimony in favor of HB 3075A.

169

Brian Baker

Staff Attorney, Juvenile Rights Project.  Testifies in favor of HB 3075A.  Submits written testimony (EXHIBIT L).

180

Kevin George

Manager, Foster Care Program, Department of Human Services.  Express support for the measure before the committee.  Notes there will be additional spending resulting from this program.

195

Chair Brown

Clarifies that this is coming from existing funds.

198

George

Agrees.  Provides additional details.

205

Sherbo

Elaborates on Mr. George’s comments.

212

Chair Brown

Remarks on the prior hearing of a related measure and the need for changes in the Foster Care Program.  Closes the public hearing on HB 3075A.  Opens a work session on HB 3075A.

HB 3075A – WORK SESSION

230

Chair Brown

MOTION:  Moves HB 3075A to the floor with a DO PASS recommendation.

232

Chair Brown

Summarizes the methods by which the program will be funded.

245

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

247

Chair Brown

Closes the work session on HB 3075A.  Opens a work session SB 1011A.

SB 1011A – WORK SESSION

255

Brad Higbee

Vioxx Victims United.  Testifies in support of SB 1011A.  Explains the provisions of the measure.

290

Higbee

Provides an overview of the legal proceedings surrounding Vioxx cases in Oregon. (EXHIBIT M)

330

Higbee

Explains the problems experienced by individuals who may not have realized it was caused by the medication.

345

Jim Gardner

Pharmaceutical Research and Manufacturers of America (Pharma).  Presents a Staff Measure Summary (SMS) for HB 2080A from the 2003 legislative session (EXHIBIT N).  Offers a description of the previous legislative debate and the action taken in regard to this issue. 

380

Gardner

Continues to detail the particulars of previous legislation that decided not to make the ruling fully retroactive.

TAPE 134, B

003

Gardner

Concludes his testimony.

010

Sen. Ringo

Considers who the potential defendants might be.

012

Gardner

States the potential defendants.

014

Sen. Ringo

Observes the choice is between out of state pharmaceutical companies as opposed to injured citizens.

020

Gardner

Feels it is a choice of following previous legislative action.

023

Sen. Ringo

Discusses the previous decision making process.  Wonders if a deal made between lobbyists is reason enough to deny claims of injured citizens.

027

Gardner

Concedes that a statute of repose generally has a harsh impact on citizens who fall on the wrong side of it.

035

Sen. Ringo

Remarks that the legal decision was surprising to many.

037

Gardner

Concurs that it surprised many on both sides.

042

Sen. Shields

Comments on the concerns and input he has received from constituents.

045

Higbee

References the statute of ultimate repose.    Observes that the problem is with the statute of limitation.

065

Sen. Ringo

MOTION:  Moves SB 1011A to the floor with a DO PASS recommendation.

067

 

VOTE:  3-1-1

AYE:               3 - Brown, Ringo, Shields

NAY:               1 - Ferrioli

EXCUSED:     1 - Atkinson

 

Chair Brown

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

073

Chair Brown

Closes the work session on SB 1011A.  Reopens the work session on HB 2833A.

HB 2833A – WORK SESSION

080

Mark Nelson

Representing Deschutes County.  Returns to answer Sen. Ringo’s earlier questions.  States they can place an emergency clause on the measure or allow it to go through as is.

085

Chair Brown

Remarks on the need to keep bills moving through the process.

087

Sen. Ringo

States he is fine with moving this forward.

090

Chair Brown

MOTION:  Moves HB 2833A to the floor with a DO PASS recommendation.

092

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WESTLUND will lead discussion on the floor.

095

Chair Brown

Closes the work session at HB 2833A.  Opens a work session on SB 1068.

SB 1068 – WORK SESSION

107

Nancy Miller

Oregon Judicial Department.  Testifies that there are -1 amendments proposed to remove the felony provision of the measure to minimize the fiscal impact (EXHIBIT O).   Points out the basis of the fiscal is based upon a single criminal charge.  Cautions that if there is a second criminal charge added it would create a large fiscal impact.

130

Kelly Skye

Oregon Criminal Defense Lawyers Association. Feels they should resist creating a new crime every time a problem is found in the criminal justice system. 

165

Skye

Notes alternative steps they could take to address this problem. Offers this will be attributed as a subsequent offense.  Advocates the consideration of the -2 amendment that is currently being drafted.

182

Jean Kunkle

Marion County, Oregon District Attorneys Association.  Refers to the creation of new crimes.  Notes that this is meant to address the specific problem of criminals who continue to violate release agreements.

216

Chair Brown

Wonders what happens if the crime has already been prosecuted and the additional charge occurs.

225

Kunkle

Provides that in Marion County the additional contempt would not be charged unless the victim is in great danger.

235

Chair Brown

Asks for Ms. Skye’s interpretation.

239

Skye

Offers that in Multnomah County, they often don’t learn of the contact until the trial is under way.    

255

Chair Brown

States she is concerned with the amount of time remaining in the session.  Observes this measure still has to move through the budget process.

260

Sen. Ringo

Requests to see the release agreement forms from various counties.

264

Skye

Presents sample release agreements from various counties (EXHIBIT P).  Feels defendants are not properly informed by the written agreement alone.

285

Sen. Ringo

Observes the non-contact agreement is precisely stated on the form.

290

Skye

Clarifies the forms vary from county to county.

295

Chair Brown

Articulates her understanding of Ms. Skye’s position.

300

Skye

Notes the statute that allows for mandatory arrest for violation of the non-contact agreement.  Clarifies the statute.

320

Kunkle

Discusses the “non-contact” portion of the form she provided.  Notes that when contact occurs victims usually recant their testimony.

338

Sen. Ringo

Feels this is a difficult issue to decide on. Feels both are right on this issue.

356

Chair Brown

Points out this primarily affects domestic violence cases.

363

Skye

States this measure would affect more than just those cases.

375

Sybil Hebb

Oregon Law Center.   Offers her perspective on the measure. 

400

Hebb

Elaborates on the problem of the accused having contact with victims and convincing them to drop charges.

TAPE 135, A

007

Chair Brown

Comments on the options available to committee.  Notes the variety of amendments proposed.

021

Sen. Ringo

Wonders about the amendments impact on the fiscal statement for the measure.

027

Nancy Miller

Notes that the -1 amendments should alleviate the fiscal impact.

029

Sen. Ferrioli

Offers that some district attorneys may feel it is needed to prosecute this offense as a separate crime.

037

Miller

Replies that it is likely that some of these cases will be charged separately.  Feels that most cases will not be.

045

Chair Brown

Proposes making the “non-contact” portion of the agreement printed larger, to prevent it being overlooked on the form.

047

Miller

States that would not have much of a fiscal impact.

055

Sen. Ringo

Remarks he would like a chance to see the forthcoming -2 amendments.

061

Chair Brown

Offers they will set this measure over until tomorrow.  Restates her interest in reformatting the agreement forms.

074

Sen. Ringo

Notes he will speak with Ms. Kunkle about the -1 amendments.

076

Chair Brown

Closes the work session on SB 1068.  Opens a work session HB 3044.

HB 3044 – WORK SESSION

087

Harris

Explains the provisions of the measure.

093

Sen. Shields

Notes the complication of defining a “disabled” person.  References the example of “disabled” parking spaces being abused.

103

Chair Brown

References the definition in the measure.

110

Sen. Ferrioli

Observes Oregon is a vote-by-mail state.

117

Chair Brown

States they are awaiting the testimony of the bill’s sponsor.  Places the committee at ease for a few moments.

127

Chair Brown

Concurs that this measure was not written to reflect Oregon’s vote-by-mail system.  Observes that there are -1 amendments to the measure (EXHIBIT Q). Closes the work session on HB 3044.  Opens a work session on HB 2537.

HB 2537 – WORK SESSION

133

Chair Brown

Observes there are -2 amendments before the committee (EXHIBIT R).  Asks Senator Verger to explain the amendments.

147

Sen. Joanne Verger

Senate District 5.  Testifies in favor of HB 2537.  Explains the provisions of the -2 amendments. 

164

Sen. Ringo

Notes the complex political dynamics of the south coast.

168

Sen. Verger

Concurs.

175

Chair Brown

Asks about “through-the-fence” operations.

177

Sen. Verger

Talks about previous work on “through-the-fence” operations at airports.

180

Chair Brown

MOTION:  Moves to ADOPT HB 2537-2 amendments dated 6/28/05.

182

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

184

Chair Brown

MOTION:  Moves HB 2537 to the floor with a DO PASS AS AMENDED recommendation.

186

 

VOTE:  4-0-1

EXCUSED:  1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

198

Chair Brown

Closes the work session on HB 2537.  Notes they have not yet heard from the sponsor on HB 3044.  Calls for a recess at 3:23 p.m.

RECESS

200

Chair Brown

Calls the committee back to order at 3:54 p.m.  Opens a work session for purpose of reconsidering SB 1000.

SB 1000 – RECONSIDRATION AND WORK SESSION

203

Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on SB 1000.

207

Sen. Ferrioli

Asks that they discuss the procedure by which this motion is being brought before them.

213

Chair Brown

Observes that in her previous sessions as a minority leader she never denied rules suspensions.  Notes that it had not been an issue until now.

217

Sen. Peter Courtney

President of the Senate, Representing Senate District 11. Discusses the guidelines by which this action is occurring.  Comments that he has discussed it with Judy Hall, Secretary of the Senate.

233

Sen. Ferrioli

Wonders if there is a precedence for moving a bill from the president’s desk back to a committee.

237

Chair Brown

Points out it has occurred in previous sessions.

240

Sen. Ferrioli

Notes the measure barely arrived at the president’s desk before being returned to committee.

244

Chair Brown

Responds that it would not have been an issue in prior session because she would not have denied the ability to suspend the rules.

250

Sen. Ferrioli

Relates that this is a precedent setting activity.

253

 

VOTE:  4-2-0

AYE:               4 – Courtney, Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

257

Chair Brown

MOTION:  Moves to RECONSIDER the vote by which "SB 1000 was sent to the floor with a do pass recommendation".

260

Sen. Ferrioli

Considers how this will affect the minority report.

262

Chair Brown

Observes they will still be able to file the minority report.

264

Sen. Ferrioli

Relates that they can draft a different minority report.

267

Chair Brown

States that further discussion will occur at another time.

269

Sen. Atkinson

Wonders if this vote requires a simple majority.

275

Chair Brown

Replies it requires a super majority vote.

280

Sen. Ferrioli

Comments on the deliberations of their caucus in regards to suspending the rules on this motion. 

290

 

VOTE:  4-2-0

AYE:               4 – Courtney, Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

293

Chair Brown

Notes the measure is now back before the committee.  Closes the work session on SB 1000.   States that before they go into a public hearing on HB 3263, they will need to reconsider HB 2429 as conflicts have been discovered with the measure.  Inquirers if Sen. Ferrioli will allow a rules suspension.

310

Sen. Ferrioli

Replies he will not.

312

Chair Brown

Asks that they have the Senate President return to the committee.

317

Sen. Ferrioli

Clarifies that his caucus had not yet made a decision on allowing the rules suspension, which is why he is denying it at this time. 

320

Chair Brown

Asks if they will need to reconsider the vote on HB 2050 since Sen. Ferrioli was out of the room. 

322

Sen. Ferrioli

Replies that they do not need to reconsider it.

325

Chair Brown

Opens a public hearing on HB 3262 while they await the Senate President.

HB 3262 – PUBLIC HEARING

337

Sen. Ben Westlund

Senate District 27.  Observes that Sen. Courtney has arrived.

339

Chair Brown

Closes the public hearing on HB 3262.  Opens a work session for the possible reconsideration of HB 2429 and HB 2247.

HB 2247, HB 2429 – RECONSIDERATION AND WORK SESSION

343

Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2247 and HB 2429.

345

Chair Brown

Clarifies the reconsideration is for purposes of addressing conflicts.

347

Sen. Ferrioli

Requests a roll call.

349

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

352

Sen. Ferrioli

Observes that the Sen. Courtney did not cast a vote before the gavel had fallen.

355

Chair Brown

Withdraws the motion.  Places the committee at ease at 4:04 p.m.

357

Chair Brown

Calls the committee back to order at 4:08 p.m.

359

Chair Brown

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2247 and HB 2429.

363

 

VOTE:  4-2-0

AYE:               4 – Courtney, Ringo, Shields, Brown

NAY:               2 – Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

369

Chair Brown

MOTION:  Moves to RECONSIDER the vote by which "HB 2247 and HB 2429 were sent to the floor with a do pass recommendation".

371

 

VOTE:  4-2-0

AYE:               4 – Courtney, Ringo, Shields, Brown

NAY:               2 – Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

374

Chair Brown

States the conflict amendments are not yet ready.  Closes the work session on HB 2247 and HB 2429.  Opens a public hearing on HB 3262.

HB 3262 – PUBLIC HEARING

407

Sen. Ben Westlund

Testifies in favor of HB 3262.  Describes the -2 amendments (EXHIBIT S) and advocates that they be adopted.

430

Chair Brown

Observes there are many amendments being proposed.  Offers they will hear all the arguments today, and then act on the bill tomorrow.

TAPE 136, A

010

Elizabeth Poecker

Air Force Veteran, employee of the Department of Justice, representing herself.  Presents written testimony in favor of HB 3262 (EXHIBIT T). 

050

Sen. Ringo

Asks for additional clarification on the “buyback” provision of the measure.

053

Poecker

Defers to Mr. Delaney to explain the particulars.

056

Sen. Ferrioli

Asks which amendment she is referring to.

058

Poecker

Replies she does not know the specific amendment number.

060

Chair Brown

Clarifies that the provision is in the -2 amendment.

062

Sen. Ferrioli

States that his office also received a -1 amendment.

064

Steve Delaney

Deputy Director, Public Employees Retirement System (PERS).  Discusses the calculation of benefits and payments for retirees with prior military service. 

083

Sen. Ringo

Wonders which class this benefit would apply to.

086

Delaney

Replies that it only applies to those with military service prior to entering into PERS.

091

Poecker

Voices that it only applies to military personal who will not receive a retirement from their prior service.

100

Jim Green

Oregon School Board.  Discusses the -8 amendments (EXHIBIT U).  Discusses differences between “earn when earned” and “earn when paid”.

132

Chair Brown

Clarifies that the -8 amendments add to the existing measure, and do not replace it.

134

Green

Continues to discuss the need for corrected payroll calculations.

135

Beth Anne Darby

Oregon Education Association.  Offers that the -1 amendments were the original set and were not widely distributed.

137

Sen. Ferrioli

Requests that staff copy and distribute the -1 amendments (EXHIBIT V).

140

Darby

Describes the provisions of her -6 amendments (EXHIBIT W).  Voices additional support for the -8 amendments.

170

Green

Reiterates previous discussion of PERS tier requirements for school employments.  Voices support of the -6 and -8 amendments.

174

Sen. Ringo

Asks if they have written testimony.

176

Darby

Replies she does not, but could provide him with an outline at a later time.

179

Brian Delashmutt

Representing the Oregon Council of Police Associations, Federation of Oregon Parole and Probation Officers, and the Association of Oregon Corrections Employees. Explains the provisions of the forthcoming -10 amendments. 

205

Delashmutt

Describes the complications of “blended services” and resolving payroll issues.

230

Delaney

Responds briefly to Mr. Delashmutt’s testimony

235

Jesse Villarreal Jr.

CEO, PERS Help.  Testifies in favor of the -7 amendments (EXHIBIT X). 

255

Villarreal

Presents his written testimony to the committee including a PERS statement (EXHIBIT Y).

312

Sen. Ringo

Requests that those testifying write down their key points to assist in sorting through the multitude of amendments.

320

Delaney

Elaborates on the changes the -10 amendments would make.

328

Chair Brown

Asks if he is okay with -10 amendments.

330

Delaney

Replies that the PERS board has not rendered an opinion.  Offers that they could administrate the changes.

335

Chair Brown

Wonders if Mr. Delaney would care to state his opinion on the other amendments.

340

Delaney

Replies that they have no problems with the -1 and -2 amendments.  Opposes the -3 amendments.  Offers that the -4 amendment is from PERS and make minor clarifications.   Comments he has not seen the -5 amendments. 

373

Delaney

States that he does not have a position on the -6 amendments.  Defers to Mr. Cleary to discuss the -7 amendments.

378

Paul Cleary

Executive Director, PERS.  Comments on the remediation of funds in response to Mr. Villarreal’s remarks. 

405

Cleary

Discusses administrative costs and financial practices of PERS.

TAPE 135, B

005

Cleary

Talks about the statement submitted by Mr. Villarreal.  Discusses reconciling earnings.

037

Sen. Shields

Wonders if after the start up costs have been paid; further costs will be reduced as the program gets going.

041

Cleary

Relates there are one time start up costs.  Considers where those costs fit into the payment schedule.

050

Sen. Shields

Hopes that over time the administrative costs would be reduced.

055

Cleary

Relates their intent to minimize administrative costs.  Considers the –7 amendment would make them go from a monthly buy system to a daily buy, increasing administrative expenses.

065

Sen. Shields

Asks how it would force them into a daily buying system.

067

Cleary

Replies.

071

Sen. Atkinson

Wonders about his reference to the “clean up” of accounts.

075

Cleary

Talks about checking account balances to see if they match contributions.

080

Sen. Atkinson

Wonders how long the process will take.

082

Cleary

Responds that they are looking at a two year period.

087

Sen. Atkinson

Asks how quickly money coming in is invested.

091

Cleary

Replies that it goes immediately into short term earnings. 

099

Sen. Ferrioli

Notes the administrative fees on accounts.  Asks if all charges made were appropriate.

105

Cleary

States there is a statutory mandate to recover costs.

109

Sen. Ferrioli

Comments on Mr. Villarreal’s statement that “the math is wrong”.

115

Cleary

Points out he will get him the third party formula for personal investment calculation that they use.

117

Sen. Ferrioli

Observes the stated earnings and what an account should be credited.

130

Cleary

Notes it is based on how long the money is in the account.

135

Sen. Ferrioli

Considers that there should be additional information on the statement.

140

Cleary

Replies in regard to the earnings summary on the statement.

150

Sen. Ferrioli

Offers that what was initially invested was absorbed by administrative expenses.

154

Cleary

States that it defrayed administrative expenses.

159

Sen. Ringo

Supports the need to simplify the statement so people can better understand their investments.

170

Sen. Ferrioli

Voices his difficulty with the rates being based annually and not accurately reflecting the actual return.

176

Villarreal

Reintroduces himself. 

178

Sen. Ringo

Asks what group he represents.

180

Villarreal

Comments on the creation of PERS Help to assist state employees facing retirement problems.  Talks about how he got started.

185

Sen. Ringo

Observes that he is overseeing the PERS process.

190

Villarreal

Details the struggles he has had in finding out how PERS was managing its money. Discussing the lack of explanation for how they calculate returns.

230

Villarreal

Shares his findings of retirement plan management by PERS.  Contends that Oregon is among the worst states for handling retirements.

240

Sen. Ringo

Seeks additional clarification on why Oregon is among the worst.

245

Villarreal

Elaborates on the problems being experienced with the plans.  Comments on the gaps in percentages.

280

Villarreal

Breaks down the various financial elements involved.  Notes ways costs could be reduced.

310

Sen. Ferrioli

Comments on the -7 amendments.  States that they will likely take this issue up again soon.  Adjourns the committee at 5:02 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 2050A, -A7 amendments, staff, 14 pp

B.     HB 2340, -1 amendments, staff, 1 p

C.     HB 2911A, Written testimony, Ray Fields, 2pp

D.    HB 2113A, -A4 amendments, staff, 1 p

E.     HB 2800A, -A6 amendments, staff, 1 p

F.      HB 2800A, -A7 amendments, staff, 2 pp

G.    HB 2429A, Written testimony, Barbara Crest, 7 pp

H.    HB 2429A, Written testimony, Robin Freeman, 1 p

I.       HB 3073A, -A4 amendments, staff, 1 p

J.      HB 3151, -A3 amendments, staff, 1 p

K.    HB 2429A, -A3 amendments, staff, 1 p

L.     HB 3075A, Written testimony, Brian Baker, 3 pp

M.  SB 1011A, Written testimony packet, Brad Higbee, 6 pp

N.    SB 1011A, SMS on HB 2080A from 2003, Jim Gardner, 1 p

O.    SB 1068, -1 amendments, staff, 1 p

P.      SB 1068, Sample Release Forms, Kelly Skye, 7 pp

Q.    HB 3044, -1 amendments, staff, 2 pp

R.    HB 2537, -2 amendments, staff, 8 pp

S.      HB 3262, -2 amendments, staff, 3 pp

T.     HB 3262, Written testimony, Elizabeth Poecker, 2 pp

U.     HB 3262, -8 amendments, staff, 3 pp

V.     HB 3262, -1 amendments, staff, 1 p

W.   HB 3262, -6 amendments, staff, 3 pp

X.     HB 3262, -7 amendments, staff, 1 p

Y.     HB 3262, PERS statement, Jesse Villarreal, 1 p