SENATE COMMITTEE ON RULES

 

July 30, 2005                                                                                                    Hearing Room HR B

2:00 P.M.                                                                                                                 Tapes  183 - 184

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

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:          

HB 2490A – Work Session

SB 787 – Public Hearing

HB 2070A – Work Session

HB 2157C – Work Session

HB 2316A – Work Session

HB 3469A – Work Session

HB 2327B – Work Session

HB 3184A – Work Session

SB 1094 – Work Session

HB 2169 – Work Session

HB 3474A – Work Session

HB 2450B – Work Session

Approval of Drafting Request and Introduction of Committee  Measure – 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 183, A

005

Chair Brown

Calls the meeting to order at 5:03 p.m.  Opens work session on
HB 2490A.

HB 2490A – WORK SESSION

010

Tiffany Harris

Committee Administrator.  Presents overview of HB 2490A. 

015

Sen. Alan Bates

District 3; physician.  Testifies in support of HB 2490A.  Discusses need for a Podiatrist on the Board of Medical Examiners when podiatry issues are before the Board.  Describes –A5 amendments (EXHIBIT A) which add a podiatrist only to consider podiatry issues.

025

Chair Brown

Comments on the compromise created by the –A5 amendments.  Expresses concern over the possibility of tied votes with an even number of members. 

040

Chair Brown

Closes work session on HB 2490A.  Opens public hearing on SB 787.

SB 787 – PUBLIC HEARING

045

Sen. C. Starr

District 13.  Testifies in support of SB 787.  Discusses need to recognize the birth of a child, even if stillborn, and bring closure for parents of stillborn babies.

065

Shawna Lapp

Sherwood; Oregon State Director, National Stillbirth Society; mother of a stillborn child.  Describes her experience delivering her stillborn baby girl.  Asks for the measure to be effective retroactively.

110

Ben Lapp

Sherwood; National Stillbirth Society.  Introduces himself.

115

Chair Brown

Closes public hearing on SB 787.  Opens work session on HB 2070A.

HB 2070A – WORK SESSION

130

Tiffany Harris

Committee Administrator.  Presents overview of HB 2070A with
the –A10 amendments (EXHIBIT B).

140

Sen. Ringo

Asks whether, if a school district wants to take advantage of the additional gap, it will do so by a vote of the people.

145

Chair Brown

Explains it would not.

147

Chair Brown

MOTION:  Moves to ADOPT HB 2070-A10 amendments dated 7/28/05.

149

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

150

Chair Brown

MOTION:  Moves HB 2070A to the floor with a DO PASS AS AMENDED recommendation.

152

Chair Brown

Withdraws motion, to allow Sen. Deckert to testify.

155

Sen. Ryan Deckert

District 14.  Appears to testify in support of the –A11 amendments (EXHIBIT C).  Discusses high health care costs in the Portland school district.  

165

Chair Brown

Comments it is an appropriate issue to consider, but there is insufficient time remaining to finish working on it.

170

Chair Brown

MOTION:  Moves HB 2070A to the floor with a DO PASS AS AMENDED recommendation.

175

Chair Brown

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

SEN. CARTER will lead discussion on the floor.

180

Chair Brown

Closes work session on HB 2070A.  Opens work session on HB 2157C.

HB 2157C – WORK SESSION

185

Tiffany Harris

Committee Administrator.  Presents overview of HB 2157C.  Reviews –C23 conflict amendments (EXHIBIT D).

190

Chair Brown

MOTION:  Moves to ADOPT HB 2157-C23 amendments dated 7/29/05.

192

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

195

Chair Brown

MOTION:  Moves HB 2157C to the floor with a DO PASS AS AMENDED recommendation.

197

 

VOTE:  5-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

200

Chair Brown

Closes work session on HB 2157C.  Opens work session on HB 2316A.

HB 2316A – WORK SESSION

205

Heidi Moawad

Committee Counsel.  Presents overview of HB 2316 with the
–A3 amendments (EXHIBIT E).

215

Chair Brown

Discusses Deschutes county case.

220

Chair Brown

MOTION:  Moves to ADOPT HB 2316-A3 amendments dated 7/21/05.

225

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

230

Chair Brown

MOTION:  Moves HB 2316A to the floor with a DO PASS AS AMENDED recommendation.

235

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

240

Chair Brown

Closes work session on HB 2316A.  Opens work session on
HB 3469A.

HB 3469A – WORK SESSION

245

Heidi Moawad

Committee Counsel.  Presents overview of HB 3469A with the
–A4 amendments (EXHIBIT F).

255

Sen. Ringo

Clarifies there is no opposition to the bill as amended. 

260

Moawad

Responds neither the Oregon Criminal Defense Lawyers Association (OCDLA) nor the American Civil Liberties Union (ACLU) will write a floor letter.

265

John Hummel

OCDLA.  Opposes adding a new crime, but concedes that if the policy decision is to make the activity a crime the bill is properly drafted and has taken OCDLA concerns into consideration.

275

Andrea Meyer

ACLU.  Concurs.

280

Chair Brown

MOTION:  Moves to ADOPT HB 3469-A4 amendments dated 7/29/05.

283

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

285

Chair Brown

MOTION:  Moves HB 3469A to the floor with a DO PASS AS AMENDED recommendation.

287

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

290

Chair Brown

Closes work session on HB 3469A.  Opens work session on HB 2327B.

HB 2327B – WORK SESSION

295

Tiffany Harris

Committee Administrator.  Presents overview of HB 2327B.  Discusses –B4 amendments (EXHIBIT G).

300

Chair Brown

Explains the environmental community has no objection to the amendments.

305

Chair Brown

MOTION:  Moves to ADOPT HB 2327-B4 amendments dated 7/1/05.

308

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

310

Chair Brown

MOTION:  Moves HB 2327B to the floor with a DO PASS AS AMENDED recommendation.

312

Chair Brown

VOTE:  4-1-0

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

NAY:               1 - Ringo,

 

Chair Brown

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

315

Chair Brown

Closes work session on HB 2327B.  Reopens work session on
HB 2490A.

HB 2490A – WORK SESSION

320

Chair Brown

MOTION:  Moves to ADOPT HB 2490-A5 amendments dated 7/28/05 (EXHIBIT A).

322

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

325

Chair Brown

MOTION:  Moves HB 2490A to the floor with a DO PASS AS AMENDED recommendation.

327

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

330

Chair Brown

Closes work session on HB 2490A.  Opens work session on HB 3184A.

HB 3184A – WORK SESSION

335

Tiffany Harris

Committee Administrator.  Presents overview of HB 3184A.  Discusses the –A6 amendments (EXHIBIT H).

345

Chair Brown

Further discusses the –A6 amendments. 

350

Chair Brown

MOTION:  Moves to ADOPT HB 3184-A6 amendments dated 7/29/05.

352

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

355

Chair Brown

MOTION:  Moves HB 3184A to the floor with a DO PASS AS AMENDED recommendation.

357

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. DEVLIN will lead discussion on the floor.

360

Chair Brown

Closes work session on HB 3184A.  Opens work session on SB 1094.

SB 1094 – WORK SESSION

370

Sen. David Nelson

District 29.  Testifies in support of SB 1094 and the –1 amendments (EXHIBIT I).

405

Chair Brown

Compares the project to the professional baseball legislation. 

410

Sen. Ringo

Clarifies the opportunity to develop a Morrow County Speedway depends entirely on private investments.

415

Chair Brown

MOTION:  Moves to ADOPT SB 1094-1 amendments dated 7/30/05.

420

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

425

Chair Brown

MOTION:  Moves SB 1094 to the floor with a DO PASS AS AMENDED recommendation.

430

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. NELSEN will lead discussion on the floor.

435

Chair Brown

Closes work session on SB 1094.  Opens work session on HB 2169.

HB 2169 – WORK SESSION

440

Tiffany Harris

Committee Administrator.  Presents overview of HB 2169.

TAPE 184, A

010

Jesse Cornett

Secretary of State’s Office.  Introduces Brenda Bayes, Manager, Elections Division.  Testifies in support of HB 2169.  Submits written analysis (EXHIBIT J).  Offers to answer questions.

015

Chair Brown

MOTION:  Moves HB 2169 to the floor with a DO PASS recommendation.

020

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

022

Chair Brown

Closes work session on HB 2169.  Opens work session on HB 3474A.

HB 3474A – WORK SESSION

025

Tiffany Harris

Committee Administrator.  Presents overview of HB 3474A.  Discusses series of amendments dealing with exemptions to Ballot Measure 37.  Describes –A7 amendments (EXHIBIT K).

035

Katy Coba

Director, Department of Agriculture.  Testifies in support of HB 3474A and the –A7 amendments.  Explains the bill exempts from Ballot Measure 37 several regulatory measures over which the Department has authority.  Describes examples of regulation of bio-fuels and growing canola in the Willamette Valley.

050

Sen. Shields

Asks about the right to farm.

055

Coba

Explains farming is exempt from complaints of nuisance about noise, dust, and odor.

068

Sen. Shields

Asks about the idea of coming to a nuisance.

070

Coba

Discusses examples.

075

Dave Hunnicutt

Oregonians In Action.  Explains the bill with the amendments is probably harmless.  Neither supports nor opposes.

078

Chair Brown

Closes work session on HB 3474A.  Opens work session on HB 2450B.

HB 2450B – WORK SESSION

080

Chair Brown

Comments the Speaker volunteered her bill as a vehicle for the school funding formula.  Explains the –B16 amendments are the focus of the current discussion (EXHIBIT L).

090

John Marshall

Oregon School Boards Association.  Provides background on the measure and explains two changes to the state school fund distribution formula made in 2003:

·         Adding the Small School District Supplement Fund of $2.5 million per year, to assist small school districts operating high schools

·         Adding the High Cost Disabilities Grant, under which every school district pays into the fund, and $12 million per year is used to assist school districts with low-incidence high-cost students with disabilities

Explains the two components were packaged together in 2003, because the High Cost Disabilities Grant generally helps larger, more urban school districts and the Small School District Supplement Fund generally helps small school districts in less urban areas.  Discusses the previous sunset on June 30, 2005, and explains the –B16 amendments make the changes permanent.

125

Sen. Ringo

Asks if there is an analysis of the fiscal impact on all districts.

127

Chair Brown

Explains the intent is to continue what was started last session.

130

Sen. Ringo

Comments the Beaverton School District loses funds with the proposal.

132

Chair Brown

Responds the Portland School District is not harmed.

135

Sen. Ringo

Comments the policy of supporting small schools only helps small schools, and those who favor school consolidation disagree with the funding policy.

140

Chair Brown

MOTION:  Moves to ADOPT HB 2450-B16 amendments dated 7/30/05.

142

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

145

Chair Brown

MOTION:  Moves HB 2450B to the floor with a DO PASS AS AMENDED recommendation.

148

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

NAY:               1 – Ringo

 

Chair Brown

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

150

Chair Brown

Closes work session on HB 2450B.  Advises HB 3474A will be held over until Monday, August 1.  Recesses the meeting at 5:45 p.m.

152

Chair Brown

Reconvenes the meeting at 5:52 p.m.  Advises SB 787 will be considered with an amendment on Monday, August 1.  Opens work session for consideration of request for drafting and introduction.

APPROVAL OF DRAFTING REQUEST AND INTRODUCTION OF COMMITTEE MEASURE – WORK SESSION

160

Chair Brown

MOTION:  Moves one drafting request relating to judges BE APPROVED FOR DRAFTING by Legislative Counsel and BE INTRODUCED as a committee bill
(EXHIBIT M).

162

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

165

Chair Brown

Closes work session.  Adjourns the meeting at 5:53 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 2490A, -A5 amendments (7-28-05), staff, 1 p

B.     HB 2070A, -A10 amendments (7-28-05), staff, 12 pp

C.     HB 2070A, -A11 amendments (7-29-05), Sen. Deckert, 12 pp

D.    HB 2157C, -C23 amendments (7-29-05), staff, 23 pp

E.     HB 2316A, -A3 amendments (7-21-05), staff, 4 pp

F.      HB 3469A, -A4 amendments (7-29-05), staff, 1 p

G.    HB 2327B, -B4 amendments (7-1-05), staff, 1 p

H.    HB 3184A, -A6 amendments (7-29-05), staff, 4 pp

I.       SB 1094, -1 amendments (7-30-05), staff, 4 pp

J.      HB 2169, written analysis, Jesse Cornett, 2 pp

K.    HB 3474A, -A7 amendments (7-28-05), staff, 5 pp

L.     HB 2450B, -B16 amendments (7-30-05), staff, 13 pp

M.  Approval of drafting request and introduction, memo, staff, 1 p