HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

August 21, 2003 Hearing Room E

3:00 PM Tapes 132 - 133

MEMBERS PRESENT: Rep. Dan Doyle, Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

MEMBER EXCUSED: Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice-Chair

STAFF PRESENT: Rick Berkobien, Administrator

Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

MEASURE/ISSUES HEARD: SB 500 – Work Session

SB 501 – Work Session

SB 939 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 132, A
004	Chair Doyle	Calls meeting to order at 3:08 p.m. announces order agenda items will be considered and that SB 655 A will be scheduled for tomorrow. Opens a work session on SB 500.
SB 500 – WORK SESSION
012	Rick Berkobien	Administrator. Explains the provisions of SB 500.
020	Chair Doyle	Explains that the bill is on the agenda as a result of the passage of the revenue package.
029	Rep. Backlund	MOTION: Moves SB 500 to the floor with a DO PASS recommendation.
032	Rep. Barnhart	Asks what the definition is a “farmer’s market.” States he assumes it is the direct sales markets that have sprung up around the state.
037	Donaldo Dodson	Administrator, Office of Family Health, Department of Human Services. Agrees with the definition by Rep. Barnhart.
048	Rep. Verger	Comments there is no greater program than the WIC program and believes this program will be just as excellent.
056	Rep. Barnhart	Comments that being able to buy fruits and vegetables directly from farmers markets means people will get the very best available food during the summer.
061		VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Reps. Flores and Monnes Anderson
	Chair Doyle	The motion CARRIES. REP. VERGER will lead discussion on the floor.
065	Chair Doyle	Closes the work session on SB 500 and opens a work session on SB 501.
SB 501 – WORK SESSION
065	Rick Berkobien	Administrator. Explains the provisions of SB 501.
075	Rep. Backlund	MOTION: Moves SB 501 to the floor with a DO PASS recommendation.
082		VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Reps. Flores and Monnes Anderson
	Chair Doyle	The motion CARRIES. REP. BACKLUND will lead discussion on the floor.
089	Chair Doyle	Closes the work session on B 501 and opens a public hearing on B 939 A.
SB 939 A – PUBLIC HEARING
095	Jon Chandler	Oregon Building Industry Association. Thanks the participants of the work group in development of the bill. Summarizes a prepared statement in support of SB 939 A (EXHIBIT A).
130		Submits the SB 939-A2 amendments and explains that the amendments throw off the references in the statement to the bill (EXHIBIT B).
140	Chandler	Explains the SB 939-A2 amendments (EXHBIIT B).
172	Chair Doyle	Explains that the SB 939-A2 amendments are to resolve conflicts if HB 2278 becomes law.
178	Chandler	Explains the fees on pages 2 and 3 of SB 939 A.
202	Chandler	Explains changes to statute on page 4 of SB 939 A.
235	Chandler	Explains changes relating to credits on page 5 of SB 939 A.
282	Acting Chair Backlund	Asks how the conflict resulting from the developer’s work on a part of a street when the city said they did not mean that part of the street.
284	Chandler	Responds that it is in the process of being resolved by another branch of government.
300	Chandler	Explains changes on page 7 of SB 939 A.
324	Chandler	Explains the two separate effective dates in SB 939 A.
345	Michele Deister	League of Oregon Cities (LOC). Comments that LOC believes the bill will give a better understanding of the law by everyone and will cut down on the lawsuits. The most difficult part was the change to the project list. They do not believe these changes will hinder the cities. Thanks the participants for their work.
403	Burton Weast	Special District Association of Oregon. Encourages adoption of the SB 939 A2 amendments to protect the special districts’ ability to levy charges.
TAPE 133, A
021	Art Schlack	Association of Oregon Counties (AOC). Supports previous comments and states that system development charges are a love/hate relationship between local government and the development community. The charges are necessary to provide the infrastructure to serve the development they are hoping to attract to Oregon. They have worked with Chandler and others over the last several sessions on technical amendments to make the system work.
041	Rep. Verger	Comments on the wide range of charges and commends the proponents for developing the methodology. Asks for an example of a time when there would be a hearing and under what circumstances would a hearing be required.
051	Chandler	Provides example of a litigated case and explains how they envision it working.
076	Michelle Deister	States the primary purpose is for the development community to take a look at how much of the additional projects are growth related. Language in the bill says what they get to evaluate—the percentage of the proposed project that is intended to be funded by growth. Explains that they used a percentage because the project list changes over time. It does impose an additional burden on local governments, but the goal is to have better discussions and fewer lawsuits.
095	Chandler	States it is their commitment that what they are doing with this legislation is to foster conversations at the local level. States that these changes will force his people to understand and the local governments to listen.
109	Chair Doyle	Closes the public hearing and opens a work session on SB 939 A.
SB 939 A – WORK SESSION
113	Rep. Backlund	MOTION: Moves to ADOPT SB 939-A2 amendments dated 8/21/03.
116		VOTE: 5-0-2 EXCUSED: 2 - Reps. Flores and Monnes Anderson
	Chair Doyle	Hearing no objection, declares the motion CARRIED.
117	Rep. Backlund	MOTION: Moves SB 939 A to the floor with a DO PASS AS AMENDED recommendation.
124	Rep. Backlund	Thanks the work group for their contributions and conclusion.
126		VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Reps. Flores and Monnes Anderson
	Chair Doyle	The motion CARRIES. REP. CLOSE will lead discussion on the floor.
131	Chair Doyle	Closes the work session on B 939 A and adjourns meeting at 3:45 p.m.

EXHIBIT SUMMARY

A – SB 939, prepared statement, Jon Chandler, 4 pp

B – SB 939, SB 939-A2 amendments, Jon Chandler, 11 pp