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