SENATE COMMITTEE ON RULES

 

 

July 26, 2005                                                                                                           Hearing Room B

1:00 P.M.                                                                                                                  Tapes 177 - 178

 

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 1097 - Public Hearing and Work Session

HB 3159A - Work Session

HB 3184A - Public Hearing

HB 3037 - 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 177, A

005

Chair Brown

Calls the meeting to order at 1:09 p.m. and opens a public hearing on SB 1097. Notes the committee is meeting as a subcommittee.

SB 1097 - PUBLIC HEARING

007

Tiffany Harris

Committee Administrator. Provides an overview of SB 1097. Notes there are no amendments.

 

 

(Note: The committee is now meeting as a full committee.)

013

President Peter Courtney

Senate District 11. Submits and reads written testimony in support of SB 1097 (EXHIBIT A).

046

President Courtney

Discusses federal privacy laws.

054

Jim Willis

Director, Oregon Department of Veterans’ Affairs. Explains belief that the remains of honorably discharged veterans may be at the Oregon State Hospital. Explains the process the department would take for the interment of the remains of honorably discharged veterans.

092

Maynard Hammer

Oregon State Hospital. Testifies in support of SB 1097. Mentions federal privacy laws.

103

Chair Brown

Closes the public hearing on SB 1097 and opens a work session on SB 1097.

SB 1097 - WORK SESSION

106

Sen. Shields

MOTION:  Moves SB 1097 to the floor with a DO PASS recommendation.

107

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

PRESIDENT COURTNEY will lead discussion on the floor.

111

Chair Brown

Closes the work session on SB 1097 and opens a work session on HB 3159A.

HB 3159A - WORK SESSION

115

Tiffany Harris

Committee Administrator. Provides an overview of HB 3159A. Submits the -A7 amendments (EXHIBIT B).

118

Sen. Betsy Johnson

Senate District 16. Testifies in support of HB 3159A.

128

Jessica Harris Adamson

Associated General Contractors. Expresses support for HB 3159A.

132

Sen. Ringo

Verifies there is agreement on the -A7 amendments.

133

Sen. Johnson

Replies yes and explains language.

136

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3159-A7 amendments dated 7/22/05.

140

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

141

Sen. Atkinson

MOTION:  Moves HB 3159A to the floor with a DO PASS AS AMENDED recommendation.

145

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. JOHNSON will lead discussion on the floor.

149

Chair Brown

Closes the work session on HB 3159A and opens a public hearing on HB 3184.

HB 3184 - PUBLIC HEARING

154

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3184A. Submits and explains the -A3 amendments (EXHIBIT C). Explains relation to  SB 765 (2005).

172

Sen. Vicki Walker

Senate District 7. Expresses support for HB 3184A with the -A3 amendments.

178

Chair Brown

Verifies that Sen. Walker was Chair of the Senate Education Committee.

179

Sen. Walker

Replies correct.

180

Chair Brown

Verifies that Sen. Walker worked on SB 765 and also appointed a workgroup which was led by Sen. Kruse regarding SB 765.

185

Sen. Walker

Replies correct.

187

Chair Brown

Asks about the goal of SB 765.

188

Sen. Walker

Replies to get more money into the classrooms. Discusses the workgroup that took place in the Senate Education Committee. Explains HB 3184A with the -A3 amendments.

238

Sen. Ringo

Expresses appreciation in working with Sen. Walker. Believes SB 765 is a good start. Disagrees that Educational Service Districts (ESDs) are necessary. Explains in detail.

252

Sen. Walker

Believes that ESDs provide valuable services.

258

Sen. Ringo

Opines that it may not be the most efficient way to have those services provided for the larger districts.

265

Sen. Walker

Discusses regional ESDs.

273

Sen. Shields

Refers to page 2, line 36 of the -A3 amendments. Wonders why community colleges are there and if they need to be there.

282

Sen. Walker

Believes the community colleges representatives have some concerns. Explains why it is necessary. Discusses the goal of a seamless education system.

305

Julie Suchanek

Oregon Community College Association. Asks that the bill be amended to remove the words “and community colleges” on page 3, lines 11-12 of the –A3 amendments. Explains concerns with mentioned language. Expresses willingness to work towards a seamless education system. Submits written testimony (EXHIBIT D).

330

Rob Myers

Five Frontier Rural ESDs. Testifies regarding HB 3184A.

TAPE 178, A

001

Myers

Continues testimony regarding HB 3184A.

013

Rep. John Dallum

House District 59. Testifies regarding HB 3184A. Discusses the -A3 amendments. Expresses support for HB 3184A as drafted. States opposition to the -A3 amendments.

062

Tricia Smith

Oregon School Employees Association. Submits and discusses written testimony in opposition to the -A3 amendments (EXHIBIT E).

150

Smith

Concludes testimony.

185

Sen. Ringo

Remarks on the ESD in his district. Believes that ESDs need a defined purpose. Remarks on accountability with regards to ESDs. Wants a bill that would focus on larger school districts.

225

Rep. Dallum

Responds to Sen. Ringo’s comments. Looks forward to the opportunity to craft legislation which would be a solution to the geographical and population differences in the state.

269

Sen. Ferrioli

Wonders if there are any small ESDs that can meet the requirements for a regional ESD.

275

Myers

Suggests the bar to meet the requirements is a subjective analysis because capacity is not clearly defined. Opines that it probably does not need to be done.  

293

Sen. Ferrioli

Indicates support for not disempowering smaller ESDs. Comments on testimony. Comments on discussion with Sen. Ringo regarding getting resources into the classroom. Suggests the issue is that there are too many ESDs to manage.

361

Chair Brown

Discusses the workgroup led by Sen. Kruse. Responds to Sen. Ferrioli’s entrepreneurial concerns. Suggests Sen. Ferrioli look at section 12 of the -A3 amendments. Explains they will not move HB 3184A forward today.

391

Ozzie Rose

Association of Education Service Districts. Discusses opposition to the -A3 amendments.

TAPE 177, B

001

Rose

Continues testimony in opposition to HB 3184A with the -A3 amendments.

044

Chair Brown

States she is struggling with how to go forward on this issue because it has been discussed many times.

047

Rose

Comments on changing boundaries. Comments on legislation passed which requires students to take four years of English and three years of Math to graduate high school (HB 3129A).

056

Chair Brown

States the House passed that bill.

058

Rose

Remarks on mentioned legislation. Comments on the legislature imposing new requirements with regards to performance, but not expanding resources. Expresses opposition to HB 3184A. Recognizes there is a need for better regional services.

073

Chair Brown

Acknowledges that Vicki Fleming was a part of the workgroup. Asks for input of witness.

075

Vicki Fleming

Deputy Superintendent, Oregon Department of Education (ODE). States she was a member of the mentioned workgroup. Explains that regardless of legislation passed by the legislature, they will continue to work with the other ESD superintendents. Mentions the No Child Left Behind Act and its affect on the ODE. Remarks on attempt to help meet the needs of every student in Oregon better. Discusses the -A3 amendments to HB 3184A. Comments on earlier testimony.

110

Rose

States the first three pages were developed by a committee that represented 8 superintendents and is a nice piece of work.

117

Sen. Ringo

States that he has some disagreements with Mr. Rose. Asks witnesses to meet with him outside of the room after the committee meeting to talk about a different idea.

130

Chair Brown

Closes the public hearing on HB 3184A. Recesses the meeting for five minutes at 2:16 p.m. The committee stands at ease.

131

Chair Brown

Calls the meeting back to order at 2:27 p.m. and opens a work session on HB 3037.

HB 3037 - WORK SESSION

133

Tiffany Harris

Committee Administrator. Provides an overview of HB 3037. Submits and explains the -3 amendments (EXHIBIT F) and the -4 amendments (EXHIBIT G) to HB 3037.

140

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3037-3 amendments dated 6/29/05.

144

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

145

Sen. Brown

MOTION:  Moves to ADOPT HB 3037-4 amendments dated 7/12/05.

147

Sen. Shields

Asks if the -4 amendments address the issue regarding the murder of a pregnant woman.

151

Chair Brown

Replies correct.

152

Sen. Shields

Wonders if there is going to be any testimony on the -4 amendments.

153

Chair Brown

Explains there was a public hearing on both the original bill and the issue.

154

Sen. Shields

Explains he will be voting no on the -4 amendments.

155

 

VOTE:  3-1-1

AYE:               3 - Atkinson, Ferrioli, Brown

NAY:               1 - Shields

EXCUSED:     1 - Ringo

 

Chair Brown

The motion CARRIES.

156

Chair Brown

MOTION:  Moves HB 3037 to the floor with a DO PASS AS AMENDED recommendation.

157

Chair Brown

Expresses concerns with regards to expanding the death penalty. Acknowledges that the statutes are now inconsistent.

163

Sen. Atkinson

Concurs with Chair Brown’s concerns with regards to expanding the death penalty. Expresses concerns regarding the -4 amendments. Appreciates Chair Brown moving the -3 amendments. Explains he will  support the entire bill with reservation.

168

Sen. Shields

Expresses concerns over the potential death of innocent people due to the death penalty.

174

Sen. Ferrioli

Makes comments regarding HB 3037.

193

 

VOTE:  3-1-1

AYE:               3 - Atkinson, Ferrioli, Brown

NAY:               1 - Shields

EXCUSED:     1 - Ringo

 

Chair Brown

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

195

Chair Brown

Makes comments.

198

Chair Brown

Closes the work session on HB 3037 and adjourns the meeting at 2:32 p.m.

 

EXHIBIT SUMMARY

 

A.     SB 1097, written testimony, Sen. Peter Courtney, 2 pp

B.     HB 3159A, -A7 amendments, staff, 2 pp

C.     HB 3184A, -A3 amendments, staff, 35 pp

D.    HB 3184A, written testimony, Julie Suchanek, 3 pp

E.     HB 3184A, written testimony, Tricia Smith, 3 pp

F.      HB 3037, -3 amendments, staff, 1 p

G.    HB 3037, -4 amendments, staff, 4 pp