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 speakers exact words. For complete contents, please refer to the tapes.
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TAPE/# |
Speaker |
Comments |
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TAPE 183, A |
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|
005 |
Chair Brown |
Calls the meeting to order at 5:03 p.m. Opens work session on |
|
HB 2490A WORK SESSION |
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|
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. |
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SB 787 PUBLIC HEARING |
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|
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. |
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HB 2070A WORK SESSION |
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|
130 |
Tiffany Harris |
Committee Administrator. Presents overview of HB 2070A with |
|
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 |
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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 |
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|
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. |
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HB 2157C WORK SESSION |
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|
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 |
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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. |
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197 |
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VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
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|
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. |
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HB 2316A WORK SESSION |
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|
205 |
Heidi Moawad |
Committee Counsel.
Presents overview of HB 2316 with the |
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215 |
Chair Brown |
Discusses Deschutes county case. |
|
220 |
Chair Brown |
MOTION: Moves to ADOPT HB 2316-A3 amendments dated 7/21/05. |
|
225 |
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VOTE: 5-0-0 |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. |
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230 |
Chair Brown |
MOTION: Moves HB 2316A to the floor with a DO PASS AS AMENDED recommendation. |
|
235 |
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VOTE: 5-0-0 |
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|
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 |
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HB 3469A WORK SESSION |
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|
245 |
Heidi Moawad |
Committee Counsel.
Presents overview of HB 3469A with the |
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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 |
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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 |
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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. |
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HB 2327B WORK SESSION |
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|
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 |
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VOTE: 5-0-0 |
|
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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 |
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HB 2490A WORK SESSION |
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|
320 |
Chair Brown |
MOTION: Moves to ADOPT HB 2490-A5 amendments dated 7/28/05 (EXHIBIT A). |
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322 |
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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 |
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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. |
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HB 3184A WORK SESSION |
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|
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. |
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352 |
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VOTE: 5-0-0 |
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|
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. |
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357 |
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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. |
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SB 1094 WORK SESSION |
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|
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 |
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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 |
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VOTE: 5-0-0 |
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|
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. |
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HB 2169 WORK SESSION |
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|
440 |
Tiffany Harris |
Committee Administrator. Presents overview of HB 2169. |
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TAPE 184, A |
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|
010 |
Jesse Cornett |
Secretary of States 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 |
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VOTE: 5-0-0 |
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|
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. |
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HB 3474A WORK SESSION |
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|
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. |
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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. |
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HB 2450B WORK SESSION |
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|
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 |
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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 |
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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. |
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APPROVAL OF DRAFTING REQUEST AND INTRODUCTION OF COMMITTEE MEASURE WORK SESSION |
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|
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 |
|
162 |
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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