SENATE COMMITTEE ON RULES

 

 

July 28, 2005                                                                                                           Hearing Room B

1:00 P.M.                                                                                                                  Tapes 181 - 182

Corrected 10/28/05

 

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

Dawn Tuso, Committee Assistant

 

 

MEASURE/ISSUES HEARD:          

HB 3129A – Public Hearing and Work Session

HB 3469A – Work Session

SB 680A - Work Session

HB 2316A - Work Session

HB 2122B - Public Hearing and Work Session

HB 2327B - Public Hearing

SB 1041 – Work Session

HB 2070A - 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 181, A

003

Chair Brown

Calls meeting to order at 1:08 p.m. and opens a public hearing on HB 3129A.

HB 3129A – PUBLIC HEARING

 

Tiffany Harris

Committee Administrator. Submits HB 3129A –A2 amendments (EXHIBIT A).

009

Rep. John Lim

Represents House District 50. Testifies in support of HB 3129A.

042

Sen. Vicki Walker

Represents Senate District 7. Testifies in support of HB 3129A with the –A2 amendments.

076

Sen. Ringo

Expresses concerns with HB 3129A.

090

Rep. Lim

Responds to Sen. Ringo’s concerns.

100

Sen. Walker

Responds that the –A2 amendments do not allow students to opt out of the 24 credit requirement. Clarifies that it allows students to opt out of the additional Math and English credits.

120

Chair Brown

Clarifies that the change would be 24 credit hours plus three years of Math and four years of English.

123

Sen. Walker

Replies yes.

125

Chair Brown

Recesses public hearing on HB 3129A and opens work session on HB 3469A.

HB 3469A – WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits the -A2 (EXHIBIT B)and -A3 (EXHIBIT C) amendments to HB 3469A.

129

Sen. Ginny Burdick

Represents House District 18. Testifies in support of HB 3469A with the –A3 amendments.

133

Sen. Ferrioli

Says the issue is protecting children from unwanted attention by individuals who have indicated by their behavior that they are not to be trusted around children. Discusses restrictions placed on sex offenders regarding limitations on where they can live. Asks if Sen. Burdick delved into any of those issues.

144

Sen. Burdick

Explains that they delved into the issue in connection with Sen. Ringo’s bill in Senate Judiciary.

145

Chair Brown

Clarifies that she is talking about HB 2050 (2005). 

146

Sen. Ringo

Replies yes.

147

Sen. Burdick

Continues discussing issue.

156

Chair Brown

Recesses work session and opens work session on SB 680A.

SB 680A – WORK SESSION

160

Tiffany Harris

Committee Administrator. Gives overview of SB 680A.

164

Sen. Shields

Clarifies that it is an aviation program with a pilot project.

171

Sen. Betsy Johnson

Senate District 16.  Testifies in support of SB 680A.

187

Sen. Shields

MOTION:  Moves SB 680A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. JOHNSON  will lead discussion on the floor.

202

Chair Brown

Closes work session and re-opens public hearing on HB 3129A.

HB 3129A- PUBLIC HEARING

207

Kent Hunsaker

Confederation of Oregon School Administrators (COSA). Testifies in support of HB 3129A.

266

BethAnne Darby

Oregon Education Association. Testifies in support of HB 3129A.

287

Pat Burk

Chief Policy Officer, Department of Education. Testifies in support of HB 3129A. Supports the HB 3129A –A2 amendments.

323

Chair Brown

Closes public hearing on HB 3129A and opens work session on HB 3469A.

HB 3469A – WORK SESSION

339

Pat Schreiner

Commander, Marion County Parole and Probation Division. Testifies on HB 3469A. Expresses concerns with HB 3469A.

384

Chair Brown

Asks if he has any specific language for an amendment.

386

Schreiner

Says they could prepare the language.

393

Sen. Ferrioli

Comments that it is a question of logistics.

410

Schreiner

Responds that the amendments could be drafted. Expresses additional concern with HB 3469A.

TAPE 182, A

003

Chair Brown

Says that council does not think that the situation discussed arises in section two but that section one is broader. Clarifies Mr. Schreiner’s concern.

010

Schreiner

Replies that it would be part of his concern. Explains concern in detail.

018

Chair Brown

Asks what percentage of sex offenders are allowed access to their children under supervision.

022

Schreiner

Replies that he does not have the answer but explains that he is not talking about the sexually violent dangerous offender.

042

Chair Brown

Closes work session and opens work session on HB 2316A.

HB 2316A – WORK SESSION

046

Heidi Moawad

Committee Administrator. Gives overview of HB 2316A. Submits HB 2316A –A3 amendments (EXHIBIT D).

064

John Hummel

Oregon Criminal Defense Lawyers Association. Testifies on HB 2316A.

126

Michael Washington

Chair, Board of Parole and Post Prison Supervision. Testifies on HB 2316A without the –A3 amendments. Proposes changes to HB 2316A.

176

Pat Schreiner

Commander, Marion County Parole and Probation Division. Testifies on HB 2316A.

202

Sen. Shields

Offers scenario and asks question regarding the designation of the offender based on the risk assessment scale approved by the department.

227

Schreiner

Responds to scenario and explains in detail.

260

Sen. Shields

Says that it attempts to be as objective as possible.

261

Schreiner

Replies yes.

263

Washington

Adds that during the course of the incarceration of the offenders, they do not receive any sex offender treatment.

267

Chair Brown

Clarifies that is because the Oregon Legislature does not fund sex offender treatment programs in the Oregon State Prison System.

269

Washington

Replies yes. Says there are no sex offender treatment programs in the Department of Corrections at this time.

277

Chair Brown

Refers to the –A3 amendments to HB 2316A. Asks question regarding Mr. Hummel’s testimony.

291

Hummel

Explains.

313

Chair Brown

Refers to Mr. Hummel’s testimony and asks clarifying question.

325

Hummel

Agrees and explains. Offers concern regarding arbitrary age limits.

340

Chair Brown

Responds to comments.

353

David Fidanque

ACLU of Oregon. Testifies on HB 2316A as drafted.

405

Vice Chair Ferrioli

Closes work session and opens public hearing on HB 2122B.

HB 2122B – PUBLIC HEARING

TAPE 181, B

 

Tiffany Harris

Committee Administrator. Submits the revenue impact statement for HB 2122B (EXHIBIT E).

001

Charlie Stone

Department of Forestry.  Testifies on HB 2122B.

014

Sen. Ringo

Asks about the revenue impact statement.

016

Stone

Replies that he is not sure because he has not seen it.

020

Sen. Ringo

Asks if there is an updated revenue impact statement.

022

Stone

Clarifies that under the agreement on the budget there is an additional reduction made to the forest practices program under and below the Governor’s recommended budget. Clarifies that instead of fifty-nine cents, it would be fifty-five cents.

029

Sen. Ringo

Asks if the tax rate is set for a short amount of time.

032

Stone

Explains that each legislative session it is set for the next two years.

036

Sen. Ringo

Asks if the reason the relating clause requires a three-fifths majority is because it is in essence a new tax.

039

Stone

Replies yes.

042

Mari Anne Gest

Wild Salmon Center.  Testifies on HB 2122B. Discusses HB 2327B. Offers suggestions.

053

Vice Chair Ferrioli

Closes public hearing and opens public hearing on HB 2327B.

HB 2327B – PUBLIC HEARING

057

Mari Anne Gest

Wild Salmon Center. Testifies on HB 2327B. Submits written testimony (EXHIBIT F).

100

Charlie Stone

Department of Forestry. Testifies on HB 2327B. Submits written testimony (EXHIBIT G). Supports the –B4 amendments to HB 2327B.

163

Ray Wilkeson

Oregon Forest Industries Council. Testifies on HB 2327B.

170

Kristina McNit

Oregon Small Woodlands Association. Testifies on HB 2327B. Submits the –B4 amendments to HB 2327B (EXHIBIT H). Explains the –B4 amendments to HB 2327B.

197

Sen. Ringo

Asks who was on the workgroup.

199

Stone

Offers names of members on the workgroup.

205

Sen. Ringo

Asks why the language change was agreed upon by the workgroup.

208

Stone

Replies that it was not agreed upon by the workgroup and explains.

220

Sen. Ringo

Responds that the concept sounds fine.  Asks what the impact will be if the language “they must balance the value to the public interest” is deleted.

225

Stone

Explains impact.

234

Sen. Ringo

Comments that it seems that landowners are being empowered which is a good thing but that there is an issue as to balancing the public interest. Clarifies that the balance is being removed.

243

Stone

Responds to Sen. Ringo’s comment and question.

258

Sen. Ringo

Clarifies that if there is a severe fire season, this bill will create a ten million dollar hit to the general fund.

264

Wilkeson

Explains.

268

Sen. Ringo

Asks if the obligation to the general fund triggers automatically on the costs exceeding fifteen million dollars.

270

Wilkeson

Replies yes.

273

Sen. Ringo

Wonders why the management costs would be subsidized.

278

Wilkeson

Responds to comments.

286

Stone

Responds to Sen. Ringo’s comments.

299

Sen. Shields

Asks how much has come out of the general fund over the years.

303

Stone

Explains.

327

Sen. Shields

Clarifies that the average was three million dollars a year in 1989, 1990, and 1991.  

330

Stone

Replies no and explains that they were following the 1992, 1994, and 2001 fire seasons.

336

Sen. Shields

Asks if there has been another year other than 1991 where ten million dollars was spent.

343

Stone

Replies no.

360

Sen. Ferrioli

Says that the exposure to the general fund in some of the lower fire danger years has been zero. Asks if ten million dollars is the amount discussed annually to be set aside from the emergency fund for fire fighting emergency services.

371

Stone

Replies that he has not been involved in the number setting but he has been told that they do not spend emergency board money until they know what the fire season is going to be like.

395

Sen. Ferrioli

Asks about obligations under the cooperative fire management agreements with federal special districts and other agencies.

399

Stone

Discusses mutual aide agreements.

TAPE 182, B

001

Sen. Ferrioli

Comments on public purpose issues regarding HB 2327B.

010

Chair Brown

Closes public hearing and opens public hearing on HB 2122B.

HB 2122B – PUBLIC HEARING

012

Sen. Ringo

Asks about the revenue impact of HB 2122B.

016

Mary Ayala

Legislative Revenue. Explains revenue impact of HB 2122B.

027

Sen. Ringo

Says that there was testimony that it is changing to fifty-five cents.

030

Ayala

Says that it could be a technical error.

032

Charlie Stone

Department of Forestry. Explains that it is changing to fifty-five cents because of the budget agreement.

042

Sen. Ringo

Says the revenue impact statement seems to be slightly inaccurate.

046

Chair Brown

Closes public hearing. Makes announcements. Opens work session on SB 1041.

SB 1041 – WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits the SB 1041 -10 amendments (EXHIBIT I). Submits written testimony of Merle Weiner (EXHIBIT J).

060

Chair Brown

Committee stands at ease at 2:39 p.m.

061

Chair Brown

Calls meeting back to order at 2:48 p.m.  Announces that the committee is meeting as a sub-committee.

070

Sybil Hebb

Oregon Law Center. Explains the -10 amendments to SB 1041.

089

Shawn Cruz

Legislative Assistant, Sen. Avel Gordly’s office. Testifies on SB 1041.

102

Chair Brown

Offers comments on the bill. Announces that the committee is now meeting as a full committee. 

103

Chair Brown

MOTION:  Moves to ADOPT SB 1041-10 amendments dated 7/28/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

108

Chair Brown

MOTION:  Moves SB 1041 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. GORDLY will lead discussion on the floor.

112

Chair Brown

Closes work session and opens work session on HB 3129A.

HB 3129A – WORK SESSION

114

Chair Brown

MOTION:  Moves to ADOPT HB 3129A-A2 amendments dated 7/25/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

115

Chair Brown

MOTION:  Moves HB 3129A to the floor with a DO PASS AS AMENDED recommendation.

116

Sen. Ferrioli

Comments that he does not usually support mandates on curriculum to school districts but that he will be voting yes on the measure to assist the Chair in moving the bill forward.

120

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Atkinson, Sen. Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

123

Chair Brown

Closes work session.

125

Chair Brown

Recesses committee meeting at 2:55 p.m. until 5:30 p.m.

127

Chair Brown

Re-convenes meeting at 5:45 p.m. Makes opening remarks. Opens public hearing on HB 2070A.

HB 2070A – PUBLIC HEARING

 

Tiffany Harris

Committee Administrator. Submits HB 2070A –A10 amendments (EXHIBIT K).

143

Dexter Johnson

Legislative Counsel. Provides overview of HB 2070A –A10 amendments.

231

Paul Warner

Legislative Revenue. Discusses the revenue impact of HB 2070A.

240

Sen. Margaret Carter

Senate District 22. Testifies in support of HB 2070A.

275

Chair Brown

Clarifies that the proposal would not impact any other school district.

278

Sen. Carter

Replies correct.

280

Sen. Atkinson  

Asks if leadership in the House knows about the bill.

281

Sen. Carter

Replies yes.

282

Sen. Atkinson  

Asks if they support the bill.

283

Sen. Carter

Replies yes.

289

Sen. Atkinson  

Clarifies that many individuals in the House of Representatives were not supportive of the portion of the Speaker’s bill that is in HB 2070A.

291

Sen. Carter

Replies yes and explains.

295

Sen. Atkinson  

Asks how long it would last if the bill was passed.

296

Sen. Carter

Replies two years.

301

Sen. Ferrioli

Comments on HB 2070A.

336

Chair Brown

Responds to Sen. Ferrioli’s comments.

339

Sen. Carter

Responds to Sen. Ferrioli’s comments.

343

Sen. Ferrioli

Clarifies that he was referring to the action of the whole legislature.

348

Sen. Carter

Comments on the action that needs to be taken.

360

Sen. Ferrioli

Says that he brought the issue up because there seems to be an element of irony. Salutes Sen. Carter and Chair Brown for their efforts.

368

Sen. Ringo

Offers comments regarding HB 2070A.

402

Chair Brown

Closes public hearing and opens work session on HB 2122B.

HB 2122B – WORK SESSION

405

 Chair Brown

MOTION:  Moves HB 2122B to the floor with a DO PASS recommendation and BE REFERRED to the committee on Senate Budget.

407

Sen. Ferrioli

Offers alternative to the Chair’s motion.

410

Chair Brown

Withdraws previous motion.

415

Sen. Ferrioli

MOTION:  Moves HB 2122B to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

420

Chair Brown

Closes work session. Makes announcements.

 

Sen. Ferrioli

Responds to Sen. Ringo’s earlier comments.

 

Chair Brown

Adjourns meeting at 6:05 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 3129A, -A2 amendments, staff, 1 p

B.     HB 3469A, -A2 amendments, staff, 1 p

C.     HB 3469A, -A3 amendments, staff, 1 p

D.    HB 2316A, -A3 amendments, staff, 4 pp

E.     HB 2122B, revenue impact statement, staff, 1 p

F.      HB 2327B, written testimony, Mari Anne Gest, 2 pp

G.    HB 2327B, written testimony, Charlie Stone, 14 pp

H.    HB 2327B, -B4 amendments, Kristina McNit, 2 pp

I.       SB 1041, -10 amendments, staff, 4 pp

J.      SB 1041, written testimony of Merle Weiner, staff, 3 pp

K.    HB 2070A, -A10 amendments, staff, 12 pp