SEVENTY-FIRST OREGON LEGISLATIVE ASSEMBLY
 
                      Regular Session, 2001
 
                              HOUSE
 
                         Third Readings
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                     THURSDAY, JULY 5, 2001
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                  HOUSE CONVENES AT  9:00 A.M.
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PROPOSITIONS AND MOTIONS:
 
Consideration of Conference Committee Reports:
 
 
HJR 19  By Representative MORRISETTE; Representatives BARNHART,
        BATES, BOWMAN, BUTLER, CARLSON, GARDNER, GARRARD, HANSEN,
        HILL, HOPSON, JENSON, KRUSE, LEONARD, MARCH, MONNES
        ANDERSON, RINGO, ROSENBAUM, TOMEI, VERGER, WIRTH, ZAUNER,
        Senators L BEYER, MESSERLE --  Proposing amendment to
        Oregon Constitution relating to financing capital costs
        of Oregon Health and Science University.
1-31(H) First reading. Referred to Speaker's desk.
2-7     Referred to Rules, Redistricting and Public Affairs.
4-11    Public Hearing and Work Session held.
4-16    Recommendation:  Be adopted.
4-17    Read. Carried by March. Adopted.
        Ayes, 46 --Nays, 14, Brown, Close, Devlin, Hass, Knopp,
          Kropf, Lowe, Nelson, Ringo, Smith, G., Smith, P.,
          Starr, Witt, Zauner.
        Vote explanation(s) filed by Schrader, Verger entered in
          Journal.
4-18(S) First reading. Referred to President's desk.
4-19    Referred to Rules and Redistricting.
6-19    Work Session held.
6-22    Recommendation: Be adopted with amendments. (Printed
          A-Eng.)
6-25    Second reading.
6-26    Final reading. Carried by Minnis. Adopted.
        Ayes, 29 --Attending Legislative Business, 1----Carter.
6-30(H) Rules suspended. House refused to concur in Senate
          amendments.
7-1     Representatives Shetterly, Carlson, Hass appointed House
          Conferees.
7-2(S)  Senators Harper, Beyer, R., Yih appointed Senate
          conferees.
7-4     Work Session held.
7-4(H)  Conference Committee recommendation:  The House concur in
          Senate amendments dated June 22 and bill be repassed.
 
Proposes amendment to Oregon Constitution to allow issuance of
state general obligation bonds in aggregate outstanding principal
amount up to one-half of one percent of real market value of all
property in state for purpose of financing capital costs of
Oregon Health and Science University.
 
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HB 5036 Ordered printed by the Speaker pursuant to House Rule
        12.00A (5). Presession filed (at the request of Budget
        and Management Division, Oregon Department of
        Administrative Services) --  Relating to the financial
        administration of the Public Utility Commission of
        Oregon; declaring an emergency.
1-8(H)  First reading. Referred to Speaker's desk.
1-10    Referred to Ways and Means.
 
 
 
1-17    Assigned to subcommittee on Transportation and Economic
          Development
2-13    Public Hearing held.
2-14    Public Hearing held.
2-15    Public Hearing held.
2-19    Public Hearing held.
2-20    Public Hearing held.
2-21    Public Hearing held.
2-22    Public Hearing held.
3-6     Public Hearing held.
5-10    Work Session held.
        Returned to full committee.
5-18    Work Session held.
5-24    Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
5-29    Second reading.
5-30    Third reading. Carried by Butler. Passed.
        Ayes, 33 --Nays, 27, Ackerman, Barnhart, Bates, Beck,
          Devlin, Dingfelder, Gardner, Hansen, Hass, Hopson,
          Johnson, Kafoury, King, Leonard, Lowe, Monnes Anderson,
          March, Merkley, Morrisette, Nolan, Rosenbaum, Tomei,
          Verger, Walker, V., Wirth, Witt, Zauner.
5-31(S) First reading. Referred to President's desk.
6-1     Referred to Ways and Means.
6-13    Assigned to subcommittee on Transportation and Economic
          Development.
6-14    Work Session held.
6-15    Work Session held.
        Returned to full committee.
6-19    Work Session held.
6-20    Recommendation:  Do pass with amendments to the A-Eng.
          bill. (Printed B-Eng.)
6-21    Second reading.
6-22    Carried over to 06-25 by unanimous consent.
6-25    Third Reading. Carried by Clarno. Passed.
        Ayes, 20 --Nays, 9, Burdick, Carter, Corcoran, Deckert,
          Dukes, Gordly, Shields, Trow, Yih, Attending
          Legislative Business, 1----Beyer, L..
7-1(H)  House refused to concur in Senate amendments.
7-3(S)  Senators Hannon, Clarno, Brown appointed Senate
          conferees.
7-3(H)  Representatives Westlund, Hill, Schrader appointed House
          Conferees.
7-4     Work Session scheduled.
        Conference Committee Recommendation: The House concur in
          Senate amendments dated Wednesday, June 20 and bill be
          further amended and repassed.
This is an appropriation measure.
 
Limits biennial expenditures from fees, moneys or other revenues,
including Miscellaneous Receipts, excluding lottery funds and
federal funds, collected or received by Public Utility Commission
of Oregon.
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HB 2379 Ordered printed by the Speaker pursuant to House Rule
        12.00A (5). Presession filed (at the request of Joint
        Interim Judiciary Committee for Oregon Criminal Defense
        Lawyers Association) --  Relating to crime.
1-12(H) First reading. Referred to Speaker's desk.
1-18    Referred to Judiciary.
1-23    Assigned to subcommittee on Criminal Law.
1-30    Public Hearing held.
2-13    Work Session held.
2-20    Work Session held.
        Returned to full committee.
2-23    Work Session held.
3-1     Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
 
 
 
3-5     Second reading.
3-6     Third reading. Carried by Bowman. Passed.
        Ayes, 56 --Absent, 1--Wirth, Excused, 3--Verger,
          Westlund, Witt.
3-7(S)  First reading. Referred to President's desk.
3-8     Referred to Judiciary.
5-10    Public Hearing held.
5-21    Public Hearing and Work Session held.
6-4     Recommendation:  Do pass with amendments to the A-Eng.
          bill. (Printed B-Eng.)
6-5     Second reading.
6-6     Third Reading. Carried by Metsger. Passed.
        Ayes, 28 --Excused, 1--Ferrioli, Attending Legislative
          Business, 1----Burdick.
6-12(H) House refused to concur in Senate amendments.
6-13(S) Senators Minnis, Courtney, Duncan appointed Senate
          conferees.
6-18(H) Representatives Williams, Shetterly, Ackerman appointed
          House Conferees.
7-3     Work Session held.
7-4     Conference Committee recommendation:  The House concur in
          Senate amendments dated June 04 and bill be further
          amended and repassed.
This measure has a fiscal impact statement.
 
Excludes riding in or using public transit vehicle from crime of
unauthorized use of motor vehicle.
 
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Consideration of Committee and Minority Reports:
 
 
SB 811  By Senator NELSON; Senators GEORGE, HARTUNG, MESSERLE,
        MINNIS, STARR --  Relating to education; declaring an
        emergency.
2-21(S) Introduction and first reading. Referred to President's
        desk.
2-22    Referred to Education.
3-20    Public Hearing and Work Session held.
3-26    Recommendation: Do pass.
        Second reading.
3-27    Third Reading. Carried by Nelson. Passed.
        Ayes, 25 --Nays, 2, Duncan, Trow, Excused, 2--Burdick,
          Dukes, Attending Legislative Business, 1----Ferrioli.
3-28(H) First reading. Referred to Speaker's desk.
4-3     Referred to Student Achievement and School
          Accountability.
5-17    Public Hearing and Work Session held.
5-24    Without recommendation as to passage and be referred to
          Rules, Redistricting and Public Affairs.
        Referred to Rules, Redistricting and Public Affairs by
          order of Speaker.
6-18    Public Hearing held.
6-22    Work Session held.
6-30    Work Session held.
7-3     Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
        Minority recommendation: Do pass with amendments and be
          printed A-Engrossed.
 
Committee:
Encourages school districts to implement programs to improve
student performance and school personnel satisfaction such as
Initiative for Quality in Education.
 
Minority:
Requires employer that employs 50 or more persons in Oregon to
permit eligible employee to take specified amount of family leave
 
 
 
under specified circumstances to attend and participate in school
activities.
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HOUSE BILLS:
 
HB 5053 Ordered printed by the Speaker pursuant to House Rule
        12.00A (5). Presession filed (at the request of Budget
        and Management Division, Oregon Department of
        Administrative Services) --  Relating to state financial
        administration; appropriating money; declaring an
        emergency.
1-8(H)  First reading. Referred to Speaker's desk.
1-10    Referred to Ways and Means.
6-28    Assigned to subcommittee on Human Services.
7-2     Work Session scheduled.
7-3     Work Session scheduled.
        Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
This is an appropriation measure.
 
Appropriates moneys from General Fund to State Commission on
Children and Families for biennial expenses.
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HB 2275 Ordered printed by the Speaker pursuant to House Rule
        12.00A (5). Presession filed (at the request of Governor
        John A. Kitzhaber, M.D., for Oregon Department of
        Administrative Services) --  Relating to lottery bonds;
        appropriating money; declaring an emergency.
1-10(H) First reading. Referred to Speaker's desk.
1-17    Referred to Ways and Means.
6-15    Assigned to subcommittee on Capital Construction, Lottery
          and Bonding.
6-16    Public Hearing and Work Session held.
7-3     Work Session scheduled.
7-4     Work Session scheduled.
        Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
 
Increases aggregate amount of lottery bonds that may be issued.
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HB 2276 Ordered printed by the Speaker pursuant to House Rule
        12.00A (5). Presession filed (at the request of Governor
        John A. Kitzhaber, M.D., for Oregon Department of
        Administrative Services) --  Relating to bonds; declaring
        an emergency.
1-10(H) First reading. Referred to Speaker's desk.
1-16    Referred to School Funding and Tax Fairness/Revenue.
2-5     Public Hearing and Work Session held.
2-12    Without recommendation as to passage and be referred to
          Ways and Means.
        Referred to Ways and Means by order of Speaker.
6-15    Assigned to subcommittee on Capital Construction, Lottery
          and Bonding.
7-3     Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
 
Limits biennial revenues from and issuance of general obligation
bonds during 2001-2003 biennium.
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HB 3537 By Representative SHETTERLY --  Relating to taxation;
        appropriating money.
3-8(H)  First reading. Referred to Speaker's desk.
3-15    Referred to School Funding and Tax Fairness/Revenue with
          subsequent referral to Ways and Means.
3-29    Public Hearing held.
4-3     Work Session held.
4-6     Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
        Referred to Ways and Means by prior reference.
6-6     Assigned to subcommittee on Natural Resources.
6-11    Public Hearing held.
6-13    Public Hearing held.
7-2     Assigned to subcommittee on Capital Construction, Lottery
          and Bonding.
        Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          B-Engrossed.
This measure has a fiscal impact statement.
This measure has a revenue impact report.
 
Establishes new procedures for determining certain forestland
special assessment values and for appealing certain forestland
values.
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HB 3861 By Representatives STARR, WILLIAMS, RINGO;
        Representatives DEVLIN, HASS, HILL, HOPSON, KRUMMEL,
        MARCH, WITT, Senators DECKERT, STARR --  Relating to
        commuter rail; declaring an emergency.
3-13(H) First reading. Referred to Speaker's desk.
3-21    Referred to Transportation with subsequent referral to
          Ways and Means.
4-18    Public Hearing and Work Session held.
4-26    Recommendation:  Do pass with amendments and be printed
          A-Engrossed.
        Referred to Ways and Means by prior reference.
6-29    Work Session held.
        Returned to full committee.
7-2     Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          B-Engrossed.
 
Limits biennial expenditures from South Metro Commuter Rail
Project Fund by Department of Transportation.
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HB 3961 By Representatives DOYLE, SIMMONS; Representatives KROPF,
        LEE, WESTLUND, Senators HANNON, MESSERLE (at the request
        of Oregon Winegrowers Association) --  Relating to
        taxation.
4-11(H) First reading. Referred to Speaker's desk.
4-12    Referred to Agriculture and Forestry with subsequent
          referral to Ways and Means.
4-26    Public Hearing held.
5-3     Public Hearing and Work Session held.
5-10    Recommendation:  Do pass with amendments, be printed
          A-Engrossed and be referred to Ways and Means.
        Referred to Ways and Means by order of Speaker.
6-27    Assigned to subcommittee on Capital Construction, Lottery
          and Bonding.
        Work Session held.
        Tabled in committee.
7-3     Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          B-Engrossed.
 
 
 
This measure has a fiscal impact statement.
This measure has a revenue impact report.
 
Establishes wine privilege tax credit for manufacturer or
importing distributor of wine for cost of qualified marketing
activity that promotes the sale of wine or wine products.
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FINAL READING, MEMORIALS, AND RESOLUTIONS:
 
 
HJR 51  By Representative WESTLUND --  Proposing amendment to
        Oregon Constitution relating to state government
        appropriations.
3-6(H)  First reading. Referred to Speaker's desk.
3-13    Referred to Rules, Redistricting and Public Affairs.
4-27    Public Hearing held.
6-30    Work Session held.
        Without recommendation as to passage and be referred to
          Advancing E-Government.
        Referred to Advancing E-Government by order of Speaker.
        Public Hearing held.
7-1     Work Session held.
7-3     Work Session held.
7-4     Recommendation:  Be adopted with amendments and be
          printed A-Engrossed.
This measure has a fiscal impact statement.
 
Proposes amendment to Oregon Constitution to limit state
government appropriations to specified percentage of personal
income.
 
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SJR 12  By Senator MILLER; --  Proposing amendment to Oregon
        Constitution relating to state government appropriations.
1-23(S) Introduction and first reading. Referred to President's
        desk.
1-24    Referred to Rules and Redistricting.
2-15    Public Hearing and Work Session held.
2-20    Recommendation: Be adopted with amendments. (Printed
          A-Eng.)
2-21    Second reading.
2-22    Carried over to 02-23 by unanimous consent.
2-23    Taken from 02-23 Calendar and placed on 02-26 Calendar by
          unanimous consent.
2-26    Final reading. Carried by Miller, Beyer, L.. Adopted.
        Ayes, 24 --Nays, 4, Dukes, Fisher, Hannon, Yih, Attending
          Legislative Business, 2----Duncan, Nelson.
2-27(H) First reading. Referred to Speaker's desk.
3-1     Referred to Rules, Redistricting and Public Affairs.
6-30    Work Session held.
7-1     Recommendation:  Be adopted with amendments and be
          printed B-Engrossed.
7-2     Rules suspended. Read.
        Rules suspended. Motion to rerefer to Rules,
          Redistricting and Public Affairs carried.  Rereferred.
7-4     Work Session scheduled.
        Without recommendation as to passage and be referred to
          Advancing E-Government.
        Referred to Advancing E-Government by order of Speaker.
        Recommendation:  Be adopted with amendments and be
          printed C-Engrossed.
This measure has a fiscal impact statement.
 
Proposes amendment to Oregon Constitution to limit state
government appropriations to specified percentage of personal
income.
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SENATE BILLS:
 
Carried over from Wednesday, July 4, 2001 Calendar:
 
 
SB 439  By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
        (at the request of Senator Roger Beyer) --  Relating to
        the membership of the Workers' Compensation Board.
1-24(S) Introduction and first reading. Referred to President's
        desk.
1-25    Referred to Business, Labor, and Economic Development.
2-14    Public Hearing held.
5-7     Work Session held.
5-14    Recommendation: Do pass with amendments.  (Printed
          A-Eng.)
5-15    Second reading.
5-16    Third Reading. Carried by Beyer, R.. Passed.
        Ayes, 16 --Nays, 13, Beyer, L., Brown, Burdick, Carter,
          Castillo, Corcoran, Courtney, Deckert, Dukes, Metsger,
          Shields, Trow, Yih, Excused, 1--Gordly.
5-17(H) First reading. Referred to Speaker's desk.
5-22    Referred to Rules, Redistricting and Public Affairs.
6-12    Public Hearing held.
6-15    Work Session held.
6-18    Work Session held.
6-21    Recommendation:  Do pass.
        Minority recommendation: Do pass with amendments and be
          printed B-Engrossed.
6-30    Rules suspended. Consideration of Committee Report and
          Minority Report taken from today's Calendar and placed
          in proper order on Sunday, July 1 Calendar.
7-1     In the absence of the motion to substitute Minority
          Report for Committee Report, bill advanced to second
          and third reading by order of the Speaker.
        Second reading.
7-2     Rules suspended. Taken from today's Calendar and placed
          in proper order on Tuesday, July 3 Calendar.
7-3     Rules suspended. Taken from today's Calendar and placed
          in proper order on Wednesday, July 4 Calendar.
7-4     Rules suspended. Taken from today's Calendar and placed
          in proper order on Thursday, July 5 Calendar.
This measure has a fiscal impact statement.
 
Reduces number of members on Workers' Compensation Board.
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SENATE BILLS:
 
 
SB 885  By Senator DUKES --  Relating to pain management;
        appropriating money.
2-22(S) Introduction and first reading. Referred to President's
        desk.
2-23    Referred to Health and Human Services.
4-4     Public Hearing held.
5-4     Work Session held.
5-10    Recommendation: Do pass and be referred to Rules and
          Redistricting.
        Referred to Rules and Redistricting by order of the
          President.
5-29    Work Session held.
5-31    Recommendation: Do pass with amendments.  (Printed
          A-Eng.)
6-1     Second reading.
6-4     Third Reading. Carried by Dukes. Passed.
        Ayes, 22 --Nays, 4, Fisher, George, Hartung, Miller,
          Absent, 1--Carter, Excused, 1--Hannon, Attending
          Legislative Business, 2----Duncan, Yih.
 
 
 
 
6-5(H)  First reading. Referred to Speaker's desk.
6-11    Referred to Rules, Redistricting and Public Affairs.
6-18    Public Hearing held.
6-19    Work Session held.
6-21    Recommendation:  Do pass with amendments and be printed
          B-Engrossed.
6-30    Second reading.
7-1     Rules suspended. Taken from today's Calendar and placed
          in proper order on Monday, July 2 Calendar.
7-2     Third reading. Carried by March. Failed.
        Ayes, 24 --Nays, 36, Barnhart, Bates, Brown, Dingfelder,
          Garrard, Hass, Hayden, Hill, Jenson, Kafoury, King,
          Knopp, Kropf, Krummel, Kruse, Lee, Leonard, Monnes
          Anderson, Nelson, Nolan, Patridge, Ringo, Rosenbaum,
          Schrader, Shetterly, Smith, P., Starr, Verger, Walker,
          C., Walker, V., Westlund, Williams, Wilson, Winters,
          Wirth, Zauner.
        Hayden served notice of possible reconsideration.
        Wilson changed vote from 'aye' to 'nay' and served notice
          of possible reconsideration.
        Leonard changed vote from 'aye' to 'nay' and served
          notice of possible reconsideration.
        Wilson moved for immediate reconsideration.
        Vote reconsideration carried.
        Ayes, 48 --Nays, 9, Hass, Knopp, Krummel, Kruse, Walker,
          C., Walker, V., Winters, Wirth, Zauner, Absent,
          1--Johnson, Excused for business of the House,
          2----Minnis, Speaker Simmons.
        Motion to rerefer to Rules, Redistricting and Public
          Affairs carried.  Rereferred.
7-3     Work Session held.
        Recommendation:  Do pass with amendments and be printed
          C-Engrossed.
This measure has a fiscal impact statement.
 
Establishes Pain Management Commission in Department of Human
Services.
 
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SB 134  Printed pursuant to Senate Interim Rule 213.28.  (at the
        request of Joint Interim Judiciary Committee) --
        Relating to public employee retirement; declaring an
        emergency.
1-8(S)  Introduction and first reading. Referred to President's
        desk.
1-9     Referred to Business, Labor, and Economic Development.
3-12    Public Hearing held.
3-19    Public Hearing held.
3-26    Work Session held.
4-2     Work Session held.
4-9     Work Session held.
4-18    Work Session held.
4-25    Work Session held.
4-30    Work Session held.
5-3     Recommendation: Do pass with amendments and be referred
          to Ways and Means. (Printed A-Eng.)
        Referred to Ways and Means by order of the President.
5-22    Assigned to subcommittee on General Government.
5-29    Public Hearing and Work Session held.
6-4     Assigned to subcommittee on Transportation and Economic
          Development.
6-5     Work Session held.
        Returned to full committee.
6-8     Work Session held.
6-11    Recommendation:  Do pass with amendments to the A-Eng.
          bill. (Printed B-Eng.)
6-12    Second reading.
 
 
 
 
6-13    Taken from 06-13 Calendar and placed on 06-14 Calendar by
          unanimous consent.
6-14    Third Reading. Carried by Beyer, R.. Passed.
        Ayes, 16 --Nays, 13, Beyer, L., Brown, Castillo,
          Corcoran, Courtney, Deckert, Dukes, Hannon, Metsger,
          Miller, Minnis, Shields, Trow, Attending Legislative
          Business, 1----Burdick.
6-15(H) First reading. Referred to Speaker's desk.
6-18    Referred to Ways and Means.
        Recommendation:  Do pass.
6-19    Second reading.
        Rules suspended. Third reading.
        Rules suspended. Motion to rerefer to Ways and Means
          carried.  Rereferred.
6-29    Work Session held.
        Returned to full committee.
7-3     Work Session scheduled.
7-4     Work Session scheduled.
        Recommendation:  Do pass with amendments and be printed
          C-Engrossed.
This measure has a fiscal impact statement.
 
Establishes principles for management of Public Employees
Retirement Fund.