HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

August 13, 2003   Hearing Room E

3:00 PM Tapes 118 - 119

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Ray Kelly, Administrator

                                                Janet Adkins, Administrator

                                                Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:  SB 914 – Work Session

SB 926 A – Public Hearing and Work Session

SB 933 – Public Hearing and Work Session

SB 471 A – Public Hearing and 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 118, A

004

Chair Doyle

Calls meeting to order at 4:06 p.m., announces order agenda items will be considered, and opens a work session on SB 914.

SB 914 – WORK SESSION

013

Chair Doyle

Reviews testimony presented to the committee at the public hearing, and history of issue of reducing annual reporting notices on Workers’ Compensation Division’s activities.

021

Rep. Flores

MOTION:  Moves SB 914 to the floor with a DO PASS recommendation.

023

Rep. Barnhart

Asks if the bill only reduces the amount of paperwork.

029

Chair Doyle

Explains the provisions of the bill. 

033

Rep. Monnes Anderson

Comments that an amendment was being considered and that it will be in another bill because the Governor has worked out something.

038

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

REP. VERGER will lead discussion on the floor.

 

044

Chair Doyle

Closes the work session on SB 914 and opens a public hearing on SB 926 A.

SB 926 A – PUBLIC HEARING

048

Gary Oxley

Oxley and Associates, representing Fred Meyer and Safeway.  Explains that SB 926 A is a duplicate of HB 3313 that passed the House 52-3 and was in the Senate Business Committee when it closed.  The bill was revived by the Senate Rules Committee as SB 926 and passed the Senate 25-0.

061

Oxley

Explains that SB 926 A allows retailers to refuse acceptance of containers that are crushed beyond recognition.  States that a retailer does not have to accept a beverage container that they do not sell.  Currently the retailers are required to accept the crushed containers and the distributors are refusing to accept the crushed containers because they don’t know if it is a product that they have sold.  This is a fix to allow the retailer to reject those containers.  Signs will be posted in the stores saying the consumer cannot return the crushed containers.

078

Doug Myers

Association of Oregon Recyclers.  States that he supports the testimony by Oxley.

086

Rep. Barnhart

Comments he understands that his concern with the bar codes has been taken care of.

085

Oxley

Responds the concern has been taken care of on the Senate side.

087

Chair Doyle

Closes the public hearing and opens a work session on SB 926 A.

SB 926 A – WORK SESSION

091

Rep. Flores

MOTION:  Moves SB 926 A to the floor with a DO PASS recommendation.

093

Rep. Verger

Suggest members visit a site where the cans are collected to see what they must put up with.

 

093

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

 

108

Chair Doyle

Closes the work session on SB 926 A and opens a public hearing on SB 933.

SB 933 – PUBLIC HEARING

114

Roy Elicker

Deputy Director, Oregon Department of Fish and Wildlife. Introduces Ron Anglin, Wildlife Division Administrator.  Summarizes statement in support of SB 933 (EXHIBIT A).

132

Rep. Barnhart

Asks for an explanation of when the department would use an airplane for hunting.

134

Ron Anglin

Wildlife Division Administrator, Oregon Department of Fish and Wildlife.  Explains a circumstance where they feared tuberculosis may have been spread to wild animals and they wanted to use the helicopter to do testing; they did not have the flexibility to do a massive sampling on the ground.  Gives example of the use of a helicopter to locate a collared animal that was causing damage to domestic livestock; under current statue they cannot do that.

152

Rep. Barnhart

Asks if this is for sports hunting.

 

Anglin

Responds it does not, it is for management purposes. .

158

Rep. Close

Asks if this is used in Idaho and Washington.

172

Anglin

Responds affirmatively.

176

Chair Doyle

Closes the public hearing and opens work session on SB 933.

SB 933 – WORK SESSION

178

Rep. Flores

MOTION:  Moves SB 933 to the floor with a DO PASS recommendation.

180

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

REP. FLORES will lead discussion on the floor.

 

185

Chair Doyle

Closes the work session on SB 933 and opens a public hearing on SB 471 A.

SB 471A – PUBLIC HEARING

181

Bob Russell

Oregon Trucking Association (OTA).  Testifies in support of SB 471 A.  Shows a portion of a Dateline video on fraud by the moving industry

274

Russell

States this kind of fraud is not only a problem in Las Vegas but is everywhere, even in Oregon.  This bill is designed to stop the problem.  Comments on activities of the task force that developed SB 471, and efforts at the federal level to address fraud.  Explains provisions of SB 471 (EXHIBIT B). 

329

Rep. Close

Asks if the people in the Dateline storey received their goods.

 

Russell

Responds affirmatively and explains the events leading to resolution of their case.

352

Rep. Backlund

Asks why there were five no votes in the Senate.

 

Russell

States that some members of the Senate do not like fees. 

367

Rep. Barnhart

Asks if Section 3 relates to the guy who does the work or the one who runs the company.

 

Russell

Explains that the word “person” covers the business. 

404

Rep. Barnhart

Asks if the “strong backs” are being registered.

 

Russell

Responds that the company would be registered, not the casual laborers or employees.

475

Vice-Chair Flores

Notes the fees in Sections 3, 5, and 7. 

TAPE 119, A

020

Russell

Acknowledges there are multiple fees.  Explains the fees and states that OTA members support the fees.

035

Vice Chair Flores

Asks if these companies currently pay any fees.

 

Russell

Responds that the traditional household carriers pay fees, but not this type.  These fees are designed to be outside of the State Highway Fund system to deal with the attorney general’s opinion and they are new fees.

041

Rep. Verger

Asks what the exemptions are in Section 6 of the bill.

 

Russell

Explains the exemptions and the reason for the new definition of packers and loaders.

063

Rep. Barnhart

Asks what the agency can do if someone is not licensed or makes a mistake or commits fraud.

 

Russell

Explains authority of the Department of Transportation and attorney general.

072

Rep. Barnhart

Asks what happens if someone fails to pay the fee on page 3 in Section 5(5).

089

Russell

Responds that the penalties total to 24 percent interest.

092

Rep. Barnhart

Asks what the reason is for the change in Section 12.

 

Russell

Explains why they have shortened the timeframe for lost items from nine to three months.

117

Vice Chair Flores

Closes the public hearing and opens a work session on SB 471 A.

SB 471 A – WORK SESSION

120

Rep. Backlund

MOTION:  Moves SB 471 A to the floor with a DO PASS recommendation.

124

Rep. Close

Comments on new fees.

115

Vice Chair Flores

Comments on the need for the legislation and the new fees.

124

Rep. Barnhart

Comments on the interim study and in support of the motion.

147

 

VOTE:  6-0-1

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

EXCUSED:  1 - Rep. Doyle

 

Chair Doyle

The motion CARRIES.

REP. BARNHART will lead discussion on the floor.

149

Vice Chair Flores

Closes the work session on SB 471 A and adjourns meeting at 4:45 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 933, prepared statement, Roy Elicker and Ron Anglin, 2 pp

B – SB 471, prepared statement, Bob Russell, 2 pp