HomeMy WebLinkAboutLegislative Update
Deschutes County Legislative Report
September 25, 2013
1:30pm – Allen Room
1-866-279-1568, *8678842*
I. Special Session Update
a. September 30, 2013
b. PERS/Taxes – Grand Bargain
c. Columbia River Crossing
II. 2013 Legislative Recap
a. General Session Overview
i. Budget - $16.9 Billion GF/LF
b. Enacted - Deschutes County Priority 1 Support Legislation
i. House Bill 3130 – La Pine Stoplight
c. Enacted - Deschutes County Priority 2 Support Legislation
i. Education
ii. County Administrative Issues
iii. Public Safety Health Care/Public Health
iv. Energy/Environment/Natural Resources
III. Interim Activities Underway
a. Interim Days
i. November 20-22
ii. January 15-17
b. 2013 Legislatively Authorized and Statuary Task Forces
i. List of Legislative Appointments
IV. 2014 February Session Timelines/Process
a. February Session
i. Feb 3 – Opening Day
ii. March 9th – Last Day
iii. Total: 35 Days
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iv. 260 Bills
b. Committee Bill Limits
i. Chair 2 - Legislative Drafts
ii. Vice-Chair - Legislative Drafts
c. Member Bill Limits
i. 2 - Legislative Drafts
d. Committee Filing Timelines
i. Committee Introductions by January 17, 2013
e. Member Bill Filing Guidelines
i. Submit to LC by November 26, 2013
ii. Returned to Legislators by January 13, 2013
iii. Bills filed by January 21st will be Publically Available for Review
V. 2014/15 Issues
a. Health Care
i. Implementation of the CCOs
1. Expansion of Mental Health
ii. Health Insurance Exchange (Cover Oregon)
iii. Task Force on the Future of Public Health Services (HB 2348)
b. Education
i. Early Learning Council Transition – Pilot Projects (HB 2013 and HB 3234)
ii. Regional Educational Services Workgroup (HB 2013 and HB 3401)
iii. Youth Development Council Transition
c. Human Services/Housing
i. Housing Transformation Transition Plan
ii. Task Force on the Delivery of Human Services (SB 450)
d. Public Safety/Judicial Branches
i. Task force on Public Safety (HB 3194)
ii. Department of Corrections Transition Programs
iii. 911 Tax
e. County Administration
i. Task Force on Minority Language Voting Materials (HB 3506)
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ii. Public Contracting (SB 805)
f. Land Use/Water
i. Water Storage/Water Grants - Implementation of SB 839
ii. Cyrus Heritage Ranch
1. Huffman Workgroup
iii. EFU/AG Zoning Issues (SB 538)
iv. DEQ Onsite Water Fees (SB 5520)
VI. Deschutes County Department Updates
a. Issues for PAC to Monitor
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77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3130
Sponsored by Representatives MCLANE, WHISNANT (at the request of Deschutes County)
CHAPTER .................................................
AN ACT
Relating to allowable use of moneys in industrial development revolving funds of individual counties;
amending ORS 275.318.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 275.318 is amended to read:
275.318. (1) When the governing body of a county sells or leases real property acquired in any
manner by the county, if that property is located in an area planned and zoned for industrial use
under an acknowledged comprehensive plan of the county, the governing body may order all the
moneys paid to the county under the terms of the sale be deposited with the county treasurer and
credited to a special fund created by the governing body and designated the Industrial Development
Revolving Fund of the county.
(2) The county treasurer shall disburse the moneys in the Industrial Development Revolving
Fund of the county only upon the written order of the county governing body and only for the
purposes set forth in subsection (3) of this section.
(3) The governing body of a county may expend moneys in an Industrial Development Re-
volving Fund created under this section [by a county governing body shall be expended] only for :
(a) The engineering, improvement, rehabilitation, construction, operation or maintenance, in
whole or in part, including the preproject planning costs, of any development project authorized by
ORS 271.510 to 271.540 [and] or 280.500 that is located in the county and that could directly result
in one of the following activities:
[(a)] (A) Manufacturing or other industrial production;
[(b)] (B) Agricultural development or food processing;
[(c)] (C) Aquacultural development or seafood processing;
[(d)] (D) Development or improved utilization of natural resources;
[(e)] (E) Operation of convention facilities [and] or trade centers;
[(f)] (F) Operation of transportation or freight facilities; and
[(g)] (G) Other activities that represent new technology or types of economic enterprise the
county governing body determines are needed to diversify the economic base of the county.
(b) Construction of off-site transportation or utility infrastructure that is necessary or
appropriate to serve the development project.
(4) If moneys from the sale of county property located in an area planned and zoned for indus-
trial use are not credited to the Industrial Development Revolving Fund of the county, those moneys
shall be distributed as provided in ORS 275.275.
Enrolled House Bill 3130 (HB 3130-A)Page 1
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(5) The governing body of a county may sell, lease or convey the real property described in this
section, including any part thereof or interest therein, at public or private sale, with or without
advertisement, and do all acts necessary to the accomplishment of the sale, lease or conveyance.
Passed by House March 27, 2013
..................................................................................
Ramona J. Line, Chief Clerk of House
..................................................................................
Tina Kotek, Speaker of House
Passed by Senate May 20, 2013
..................................................................................
Peter Courtney, President of Senate
Received by Governor:
........................M.,........................................................., 2013
Approved:
........................M.,........................................................., 2013
..................................................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2013
..................................................................................
Kate Brown, Secretary of State
Enrolled House Bill 3130 (HB 3130-A)Page 2
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DESCHUTES COUNTY SUPPORTED PRIORITY 2 BILLS
Education/Youth Services
House Bill 2013: The Early Learning Council (ELC), under the Oregon Education Investment Board
(OEIB), was created through legislation in 2011. The Council guides efforts to “integrate and streamline”
state programs for at-risk youth and ensures that children are prepared to learn when they enter
kindergarten. Out of every 10 children in Oregon, at least four are not ready for kindergarten. Goals of
the Oregon Early Childhood System include, and are not limited to: 1) the prevention of child abuse and
neglect; 2) linking and integrating system programs and supports; and 3) parental braces in providing
supportive environment for young children.
HB 2013 directs the Early Learning Council (ELC) and Department of Education to assist school districts in
implementing kindergarten readiness assessments for children and establishes a related grant program.
Legislation requires standardized screening and referral services for voluntary statewide early learning
system. Requires a permanent professional development and labor management committee be
established for child care providers. Changes the program name for “Healthy Start Family Support
Services” to “Healthy Families Oregon” and sets goal for program to target more than just first birth
families and expands assessments to include children from zero to three years of age. HB 2013 directs
the Oregon Health Authority and the ELC to develop performance metrics for prenatal care, delivery and
infant care. Legislation instructs the Oregon Health Authority and the ELC to establish a grant program
to support strategies that align voluntary statewide early learning systems and health systems to
improve developmental outcomes for children from zero through three years of age. Requires
preschool child with disability have comprehensive communication plan by the age of three years.
Directs ELC to establish Early Learning Hub Demonstration projects, capping the number of projects at 7
in the first fiscal year of the 2013-15 biennium and at 16 in the second fiscal year. The bill appropriates
an indeterminate amount of General Fund for demonstration projects.
House Bill 2689: House Bill 2689-A establishes a streamlined, collaborative, project-based process,
whereby public bodies may enter into agreements with youth job development organizations allowing
youth participants (age 13 to 22) to work on public resource projects for job training, experience, or as
part of an academic program. The measure also adds youth job development programs to the types of
entities eligible to receive funding through the Career and Technical Education Revitalization Grant
Program, in partnership with educational entities.
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County Administrative Issues
House Bill 2140: ORS 293.728 establishes the Oregon Short Term Fund, a pool of state and local
government funds, as the investment vehicle for funds not authorized for discrete investment. The State
and Local Government Efficiency Task Force, established by House Bill 2855 in 2011, recommended
allowing local governments the option to invest in the Intermediate Term Pool, a separate investment
pool. The measure provides express legal authority for local governments (cities, counties, school
districts, community colleges, and special districts) to invest in the Oregon Short Term Fund (OSTF)
though the Local Government Investment Pool (LGIP). The measure also allows local governments to
invest in “…any other commingled investment pool established by the State Treasurer.” For example,
this would include the Oregon Intermediate Term Pool (OITP), which is a non-statutory account. By
allowing local governments to invest in these additional Treasury products, the local governments would
be able to invest amounts beyond the statutory limit provided by ORS 294.810.
House Bill 2698: The Legislative Assembly created a pilot program with the passage of House Bill 3462
(2009) for the purposes of cross-training building inspectors so that an inspector could perform an
inspection in more than one specialty code. These inspectors are referred to as specialized building
inspectors. The pilot program, scheduled to sunset on January 1, 2016, was designed to address the
shortage of building inspectors in some regions of the state, particularly in certain specialty codes.
House Bill 2698-A eliminates the sunset date on the program to continue the training, qualification and
certification of specialized building inspectors.
Legislation clarifies the authority of the Director of Department of Consumer and Business Services to
appoint building inspectors in multiple specialty codes. It allows the Director to appoint building
inspectors to perform inspections throughout different geographic region. HB 2689 allows the Director
to consider factors specific to geographic regions when determining qualifications of inspectors. It
grants the Director the authority to initiate rules to promote clarity in state building code and in
licensing requirements.
House Bill 2739: When a person registers to vote, updates voter registration information, or when the
boundaries of a voter’s precinct change, the county clerk is required to send to the voter a
memorandum card of convenient size containing the name and residence address of the elector (person
qualified to vote), the name or number of the precinct in which the elector resides, and a brief
statement of the circumstances under which the elector is required to register or update a registration.
House Bill 2739A renames the memorandum card to “voter notification card” and makes indicates that
the county may, rather than shall, mail notification cards to voters when precinct changes occur.
House Bill 2829: Existing law requires each county governing body to publish a monthly schedule of
expenditures exceeding $500 and a statement of proceedings reflecting actions taken by the body at
public meetings. Currently, such reports are required to be posted on bulletin boards at the county
courthouse and in all public libraries in the county. In addition, notice advertising the availability of the
posted information must be published in a general circulation newspaper in the county at least once
each month. House Bill 2829 A adds the Internet as a posting location and notice method and allows
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counties to use one or more of the specified posting locations and notice methods to comply with the
law.
Legislation allows a county to comply with posting requirements by publishing a monthly schedule of
expenditures and county actions at county courthouse, library bulletin boards, or on Internet.
SB 562: The Building Codes Division (BCD) of the Department of Consumer and Business Services
provides code development, administration, inspection, plan review, licensing, and permit services to
the construction industry. Staff located in five regions around the state partner with other state and
local government entities to help facilitate local construction projects, and assist local governments with
other services such as e-permitting, best practices, and dispute resolution. Local programs are required
to submit a report every four years and apply for renewal every four years. When a local provider
chooses or is unable to execute plan review or permit services, the BCD provides these services.
Legislation allows DCBS, at request of affected municipalities, to enter into agreement, combine
resources, and share fee revenue with local government for DCBS to assist local government to
administer and enforce all or part of building inspection program for specified period or project. It
directs DCBS to adopt rule that the Department will charge the same fees and hourly rate for services
that were charged by county before assumption of services by Department if Department assumes
administration and enforcement of county manufactured dwelling services, building inspection program
or part of building inspection program when county abandons or is unable to administer programs due
to budget constraints resulting from reduced or eliminated federal timber payments. Legislation
authorizes the Director to take action necessary to ensure efficient and responsive state building code
system, including utilizing and hiring municipal or Department personnel and expending resources for
purposes of carrying out administrative and enforcement duties according to agreement.
Public Safety
House Bill 2234: Currently, Oregon has over 3,000 offenders under local control post-prison
supervision. Offenders may be placed on inactive status when they comply with the terms and
conditions of their supervision and require less intensive supervision. The offender’s probation or parole
officer may return an offender to active supervision if the officer finds it necessary to do so. Inactive
supervision was included in House Bill 3508 from the 2010 session. This provision sunsets on July 1,
2013. Offenders are placed under local control after release from serving a sentence of 12 months or
less in the local jail. House Bill 3508 allowed for offenders to be placed on inactive supervision status
after serving half of his or her sentence. Legislation eliminates the sunset on provisions that allows
offender on post-prison supervision to be placed on inactive status.
House Bill 3194: In February of 2012, legislative leadership requested that the Governor continue the
work done by the previous iteration of the Commission on Public Safety. In response, Governor
Kitzhaber reconvened and reconstituted the Commission on Public Safety. After nearly six months of
hearings (http://www.oregon.gov/CJC/Pages/2012ComPubSaf.aspx), the Commission issued a final
report, which was the basis for discussions of the Joint Committee on Public Safety.
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The measure impacts five areas of Oregon criminal law: 1) Sentencing; 2) Offender Incentives; 3)
Offender Supervision; 4) Program Assessment; and 5) Correctional Resources. It reduces presumptive
sentence for repeat offenders convicted of Identity Theft and Robbery III; eliminates prohibition on
probation for offenders convicted of multiple drug offenses; modifies sentencing for marijuana offenses
and driving while suspended or revoked; modifies crime of harassment. Increases maximum length of
short-term transitional leave Department of Corrections (DOC) may grant; authorizes reduction in
supervision term for certain offenders. Legislation authorizes supervisory authority to propose
modifications to special conditions of probation. HB 3194 establishes Task Force on Public Safety. The
bill directs the Oregon Criminal Justice Commission (OCJC) to collect best practices applicable to
specialty courts.
House Bill 3317: The current emergency communications tax is set to expire on January 1, 2014. There
have been six sunset extensions of this tax since 1981. The tax rate is $0.75 cent per month per device
capable of accessing 9-1-1 services, with the exception that federal, state, and local governments are tax
exempt. The tax rate is set in statute and has been unchanged at $0.75 since 1995. The tax is collected
by phone companies and wireless providers each month and then remitted to the Department of
Revenue. The tax is used to pay for the Department of Revenue’s collect costs (up to one half of one
percent), the Military Department’s - Office of Emergency Management program’s administrative costs
and 9-1-1 training conducted by the Department of Public Safety Standards and Training (up to 4%); and
statewide equipment and circuit charges (35%). The remaining revenue is distributed primarily to cities
and counties on a quarterly basis to fund over 45 Public Safety Answering Points across the state
(60.5%). Funds are distributed on a per capita basis; however, each county must receive a minimum of
one percent of the net account balance.
HB 3317 extends sunset date for emergency communications tax from January 1, 2014 to January 1,
2022.
SB 93: A juvenile convicted of a Measure 11 offense is sentenced to the legal custody of the Oregon
Department of Corrections, but placed in an Oregon Youth Authority facility. Most of these youth have
difficulty readjusting to life outside the institution when released. Many do not have a place to live.
Research shows that providing services, including housing, substantially reduce the chances of these
youth re-offending. The cost savings associated with the reduction of recidivism is significantly greater
than the costs of the re-entry program.
Legislation allows the Oregon Department of Corrections to make grants to counties for the purposes of
providing reentry services to youth under 19 years old. The bill establishes that the services may include
transitional housing.
Senate Bill 598: Public safety communications infrastructure has not kept pace with rapid
advancements in communications technology generally, resulting in inconsistent ability to transmit
information from a 9-1-1 caller’s phone into the 9-1-1 reporting system. Ideally, an incoming 9-1-1 call
should immediately and automatically transmit an accurate callback number and the specific location of
the emergency, without undue reliance on conversation with a caller. When emergency responders are
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delayed due to incomplete and/or inaccurate information, the consequences can be grave. Senate Bill
598A requires that certain multiline phone systems comply with requirements of the automatic location
identification database accessed by public safety answering points, to provide immediate, accurate
information to emergency responders.
SB 598 requires operators to enable public safety answering points (PSAPs) to obtain street address and
building name, at minimum, from automatic location identification database (ALID) for 9-1-1 calls. It
exempts operators of key telephone systems, wireless telecommunications, and multiline systems
serving single level, single tract structures of 10,000 square feet or less. Legislation requires diligent
efforts by managers to ensure user awareness of 9-1-1 call procedure and requires operators to arrange
ALID update upon installation of new phone system to enable PSAPs to obtain 9-1-1 caller address and
callback number.
Health Care/Public Health
House Bill 2348: The Oregon public health system is comprised of state, federal and local agencies,
private organizations and other partners working together to protect and promote the health of
Oregonians. The Oregon Health Authority asserts that a strong public health system is necessary to
achieve better health outcomes at lower costs and to continue the transformation of health care
delivery.
House Bill 2348-A creates a task force to study the future of public health in Oregon. The task force is
directed to develop recommendations for legislation to continue providing public health services
efficiently and effectively and to submit a final report before the 2016 regular session of the Legislative
Assembly. It requires task force report to interim committee no later than October 1, 2014.
SB 132: According to the Oregon Public Health Division, for the last decade, Oregon’s non-medical
exemption to the school immunization rate for kindergartners has increased from less than 2 percent in
2001 to 5.8 percent in 2012. In some counties, the rate of non-medical exemption is as high as 12
percent. Oregon has the highest non-medical exemption rate for one or more immunizations in the
United States, and some Oregon schools have an exemption rate as high as 70 percent.
Senate Bill 132-A requires parents to sign a document declining immunizations on behalf of the child.
The document may include reasoning for declining the immunizations, such as for religious or
philosophical belief. The document must include a signature from a health care practitioner verifying
that the parent has reviewed information about the risks and benefits of immunization or include
certification verifying that the parent has completed an online educational video approved by the
Oregon Health Authority.
SB 436: Coordinated Care Organizations (CCOs) have been directed by the Oregon Health Authority
(OHA) to reduce the health care cost curve by 1 percent next year and 2 percent per year over the
following 3 years. Many of the efforts to achieve these savings will be focusing on individuals who over-
utilize emergency rooms, and/or adults with serious chronic or mental health conditions. Supporters
assert that many prevention programs and children’s health programs have been in place for a long time
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and have a proven record of success, and are concerned that these programs will not be a focus of the
CCOs in many areas.
SB 436 requires coordinated care organization (CCO) and community advisory council to adopt health
improvement plan. The bill specifies that strategies are to be included in plan. Legislation authorizes
Oregon Health Authority (OHA) provide incentive grants, and directs CCOs submit report to OHA, and
OHA to compile information and present to Legislative Assembly by December 31, 2014.
Energy/Environment/Natural Resources
SB 839: The Subcommittee recommended appropriated $30,000 General Fund to the Water Resources
Department (WRD). Senate Bill 839-B establishes a Water Supply Development Account and sets
expectations for making loans and grants from the account. It also makes a one-time appropriation of
$30,000 General Fund to support two task forces established by the bill. The $30,000 General Fund
appropriation will pay for the actual and necessary travel and other expenses of task force members.
The major provisions of the bill are as follows:
It establishes the Water Supply Development Account which is continuously appropriated to the Water
Resources Department (WRD).
WRD will operate the Water Development Supply program and is charged with evaluating applications
for loans and grants and for recommending project funding.
The Water Resources Commission is directed to adopt rules as well as set operative and repeal dates for
certain sections in the measure by January 1, 2015. Costs associated with rule making are assumed to
be absorbable within the parameters of the agency’s legislatively adopted budget.
A technical review team to score and rank projects will include: Department of Agriculture, Business
Development Department (Business Oregon), Department of Environmental Quality and the Oregon
Department of Fish and Wildlife. These agencies will absorb the workload within their regular budgets.
Lottery-backed bonds have been requested in Senate Bill 5533 to provide $10 million for which the
agency anticipates utilizing to carry out the capital grant and loan provisions of the bill.
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Public Affairs Counsel
From:Capitol Club <oregoncapitolclub@gmail.com>
Sent:Sunday, July 07, 2013 10:13 AM
To:Public Affairs Counsel
Subject:Senate Rule Amendments, Interim Calendar, Draft Concurrent Resolution
Attachments:Proposed Senate Rule Revisions-2013 Sine Die.pdf; ATT00001.htm; Interim Calendar.pdf;
ATT00002.htm; Draft Concurrent Resolution.pdf; ATT00003.htm
Dear Capitol Club Members:
Attached are the proposed amendments to the Senate Rules before we sine die. These are the amendments circulated
with each caucus earlier today. Under SR 2.05, we will also place a copy at the Senate floor desk and the Reading Clerk
will read the proposed amendments this afternoon. The rules can then be voted on tomorrow.
Also attached is the Interim Calendar and Draft Concurrent Resolution circulated earlier.
In summary:
1. Fact-Finding Missions: SR 14.15 establishes a procedure to officially approve fact-finding missions by Senators
paid for by outside groups. An application would be submitted to the Secretary of the Senate along with an
itinerary for the trip and a written opinion from the Ethics Commission approving the trip. After the trip, the
trip’s organizer would then confirm who participated in the trip, the actual expenses, and the activities on the
trip. Approved applications and the follow-up documentation will be posted on the Secretary of the Senate’s
website. Any reporting requirements with the Ethics Commission continue to apply. For a frame of reference,
we used this process for the Wallowa County Tour earlier this session by Sen. Hansell and Sen. Dingfelder.
2. Updated Budget: SR 15.20 is updated to reflect members’ budgets for the Interim and Short Session.
3. Updated Bill Limits: SIR 213.20(2) reflects that interim committees will have three measure drafting
requests. The chair is allocated two requests and the chair and vice-chair in agreement are allocated one
request. Members will have two drafts each under the Concurrent Resolution to be adopted.
4. Deadline for Interim Committees to Vote: SIR 213.20(4) sets January 17, 2014, as the deadline for interim
committees to vote on measure introductions. This is the last day of the January 2014 Legislative Days.
5. Deadline to Drop Bills & Procedure for Confidentiality: The Concurrent Resolution to be adopted will set
November 26, 2013, as the deadline to submit drafting requests to Counsel. The Resolution then requires
Legislative Counsel to return your drafts by January 13, 2014. The Resolution then sets January 21st as the
deadline to file measures with the Secretary of the Senate. Senate Interim 213.20(5) then provides that all
measures filed by January 21, 2014, will not be confidential and will be released publicly before the Short
Session. This will allow staff and the public to review the bills before the Short Session and will give your bill the
best chance of success in the session. If you would prefer to keep you bill confidential until session, then you
may file the bill after January 21st and no later than February 3, 2014. Those bills will be kept confidential until
February 3rd, when they will be processed in the regular course for First Reading.
6. Legislative Days: The attached calendar also shows important dates in the interim. Notably, Legislative Days
are scheduled for:
a. September 16-18, 2013.
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b. November 20-22, 2013.
c. January 15-17, 2014.
d. May 28-30, 2014.
If you have any questions, please let me know.
Jolene Bynum
Capitol Club, Lobby Message Center
900 Court St. NE, 60-G
Salem, OR 97301
oregoncapitolclub.org
P: 503-378-9800
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Office of the Senate President
900 Court St NE S-203, Salem, Oregon, 97301 * (503) 986-1600 voice * (503) 986-1004 fax * sen.petercourtney@state.or.us
MEMORANDUM
TO: Robert Taylor, Secretary of the Senate
FROM: Peter Courtney, President of the Senate
DATE: August 26, 2013
RE: Appointments to Interim Task Forces and the Special Committee on University
Governance and Operations
Effective immediately, I am making the following appointments:
Oregon Innovation in Infrastructure Task Force (House Bill 2345, 2013)
Senator Lee Beyer
Senator Bill Hansell
Task Force on the Future of Public Health Services (House Bill 2348, 2013)
Senator Bill Hansell
Senator Laurie Monnes Anderson
Task Force on Procuring Through Small and Local Businesses (House Bill 2667, 2013)
Senator Herman Baertschiger
Senator Chip Shields
Task Force on High School and Transition Success for Students with Disabilities (House
Bill 2743, 2013)
Senator Betsy Close
Senator Chris Edwards
Task Force on Individual Responsibility and Health Engagement (House Bill 2859, 2013)
Senator Brian Boquist
Senator Betsy Johnson
Task Force on Resilience Plan Implementation (Senate Bill 33, 2013)
Senator Alan Olsen
Senator Arnie Roblan
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Special Committee on University Governance and Operations (Senate Bill 270, 2013)
Senator Peter Courtney
Senator Richard Devlin
Senator Fred Girod
Senator Bill Hansell
Task Force on Apprenticeship in State Contracting (Senate Bill 782, 2013)
Senator Chip Shields
Senator Chuck Thomsen
If you have any questions, please contact my office at (503) 986-1600.
cc: State Senators
Speaker of the House
Senate Democratic Office
Senate Republican Office
House Democratic Office
House Republican Office
Legislative Administration
Committee Services
Legislative Counsel
Legislative Fiscal
Legislative Revenue
Governor’s Office
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