SENATE COMMITTEE ON RULES

 

 

July 16, 2003                                                                                                           Hearing Room B

1:30 PM.                                                                                                                         Tapes 91-92

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair, presiding

Sen. Bev Clarno, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 923 – Public Hearing and Work Session

SB 918 – Public Hearing and Work Session

SB 912 – Public Hearing and Work Session

SB 927 – Public Hearing and Work Session

HB 3154 A – Public Hearing and Work Session

HJR 18 B – Work Session

HB 2651 A – 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 91, A

005

Co-chair Brown

Calls the meeting to order at 1:37 PM. Opens a public hearing on SB 923.

SB 923 – PUBLIC HEARING

010

Jim Stembridge

Committee Administrator. Provides an overview of SB 923, which limits authority of Division of State Lands to retain mineral or geothermal resource rights when selling certain real property.

015

Harlan Levy

Staff Attorney, Oregon Association of Realtors (OAR). Testifies in support of SB 923. States history of the bill. Feels good public policy. Submits written testimony (EXHIBIT A).

020

Sen. Corcoran

Clarifies that was a committee passing a total of six bills.

023

Jeannette Holman

Assistant Director, Finance and Administration for Division of State lands. Testifies in support of SB 923. Believes the bill addresses needs of realtors as well as protecting public trust responsibilities of the land board in managing trust lands. Submits written testimony (EXHIBIT B).

033

Sen. Brown

Closes the public hearing on SB 923 and opens a work session on SB 923.

 

The following prepared testimony is submitted for the record without public testimony for SB 923:

                      Jim Hall                         Submits written testimony (EXHIBIT J)

 

SB 923 – WORK SESSION

038

Sen. Atkinson

MOTION:  Moves SB 923 to the floor with a DO PASS recommendation.

042

 

VOTE:  4-0

EXCUSED:  2 - Sen. Beyer, Sen. Clarno

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

044

Co-chair Brown

Closes the work session on SB 923 and opens a public hearing on SB 918.

SB 918 – PUBLIC HEARING

050

Marjorie Taylor

Committee Administrator. Provides an overview of SB 918, which requires operator of mobile unit to notify county health department when unit is relocated to county other than county that licensed unit.  

055

Rick Partipilo

Environmental Health Program Manager, Linn County. Speaks on behalf of Linn County Board of Commissioners. Testifies in favor of SB 918. States reason for requesting legislation. Explains concerns with food safety and oversight relating to mobile food units in existing statute.

070

Sen. Atkinson

Asks if this has to do with people following fairs in Oregon.

072

Partipilo

Responds only if they operate a mobile food unit.  

074

Sen. Atkinson

Asks if any small businesses have been notified about the bill.

075

Partipilo

Believes Oregon Restaurant Association is aware of the bill.

078

Sen. Atkinson

Asks if there has been a large problem.

080

Partipilo

Responds does not think so. Elaborates it was a concern of the Board that small number of the units are able to operate without knowledge and inspection. Claims a handful in Linn County have occurred during busy season and a small amount statewide.  

085

Co-Chair Brown

Asks for clarification this bill came out of the House in a House version of 55-1.

088

Taylor

Responds that is correct.

090

Co-chair Brown

Closes the public hearing on SB 918 and opens a work session on SB 918.

SB 918 – WORK SESSION

095

Sen. Clarno

MOTION:  Moves SB 918 to the floor with a DO PASS recommendation.

100

 

VOTE:  4-1

AYE:            4 - Sen. Burdick, Sen. Corcoran, Sen. Clarno, Co-chair Brown

NAY:            1 - Sen. Atkinson

EXCUSED:  1 - Sen. Beyer

 

Co-chair Brown

The motion Carries.

SEN. BURDICK will lead discussion on the floor.

105

Co-chair Brown

Closes the work session on SB 918 and opens a public hearing on SB 912.

SB 912 – PUBLIC HEARING

108

Judith Callens

Committee Administrator. Provides an overview of SB 912, which deletes requirement that glass container manufacturers use at least 50 percent recycled glass in manufacturing glass, food, drink or beverage containers on and after January 1, 2004. Presents -1 amendments dated 7/15/03 (EXHIBIT C).

110

Bill Linden

Glass Packaging Institute. Testifies in support of SB 912 with -1 amendments. Provides history of the bill. Explains issues with Owens Plant.

137

Doug Myers

Association of Oregon Recyclers. Testifies in support of SB 912 with -1 amendments. Explains purpose of the -1 amendments. Urges need for the bill for Owens Plant.   

150

Bob Danko

Oregon Department of Environmental Quality. Testifies in support of SB 912 with -1 amendments.  

155

Sen. Burdick

Asks what impact co-mingling of recycling had on progress towards recycling goal of 50%.

162

Linden

Responds it has had impact of reducing amount of reusable cullet at the Owens Plant. Explains results of co-mingling.

165

Sen. Burdick

Asks about separation of colored glass with co-mingling.  

167

Linden

Responds yes the colors need to be separated. Describes colored glass used at Owens Plant.  

172

Sen. Burdick

Asks if it is harder to separate the glass when it arrives broken.

179

Linden

Responds yes.

182

Sen. Burdick

Claims did not realize the work involved with the separation of colored glass.  

188

Co-chair Brown

Closes the public hearing on SB 912 and opens a public hearing on SB 927.

SB 927 – PUBLIC HEARING

193

Judith Callens

Committee Administrator. Provides an overview of SB 927, which establishes conditions for siting dwelling in conjunction with farm use in exclusive farm use zone.  

198

Co-chair Brown

Closes the public hearing on SB 927 and opens a work session on SB 912.

SB 912 – WORK SESSION

200

Sen. Clarno

MOTION:  Moves to ADOPT SB 912-1 amendments dated 7/15/03.             

205

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

210

Sen. Clarno

MOTION:  Moves SB 912 to the floor with a DO PASS AS AMENDED recommendation.

215

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

223

Co-chair Brown

Closes the work session on SB 912 and reopens a public hearing on SB 927.

SB 927 – PUBLIC HEARING

225

Ron Eber

Department of Land Conservation and Development. Testifies in support of SB 927. Explains intent of SB 927. Submits written testimony (EXHIBIT D).

234

Sen. Atkinson

Asks if the Farm Bureau is okay with the bill.

236

Eber

Responds that is correct.

238

Lynn Parfin

Farm Worker Programs Representative, Oregon Housing and Community Services Department. Testifies in support of SB 927.  

256

Dennis Mulvihill

Washington County. Testifies in support of SB 927.

260

Carrie MacLaren

Staff Attorney, One Thousand Friends of Oregon. Testifies in support of SB 927. Notes Washington County statistics for agricultural production. Submits written testimony (EXHIBIT E).

265

Co-chair Brown

Closes the public hearing on SB 927 and opens a work session on SB 927.

SB 927 – WORK SESSION

275

Sen. Atkinson

MOTION:  Moves SB 927 to the floor with a DO PASS recommendation.

280

 

VOTE:  4-0

EXCUSED:  2 - Sen. Beyer, Sen. Clarno

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

285

Co-chair Brown

Closes the work session on SB 927 and opens a public hearing on HB 3154 A.

HB 3154 A – PUBLIC HEARING

288

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3154 A, which abolishes Primary Public Safety Answering Points Consolidation Incentive Fund.  

295

Michelle Deister

League of Oregon Cities. Testifies in support of HB 3154 A. Notes the bill passed the House with no opposition. Comments there has been discussion of consolidating peace apps and interoperability of public safety systems. Submits written testimony (EXHIBIT F)

305

Rodger Bennett

City Manager, Florence, Oregon. Testifies in support of HB 3154 A. Explains importance of passing the bill. Submits written testimony (EXHIBIT G).

325

Co-chair Brown

Closes the public hearing on HB 3154 A and opens a work session on HB 3154 A.

The following prepared testimony is submitted for the record without public testimony for HB 3154 A:

                      Kevin Campbell             Submits written testimony (EXHIBIT K)

HB 3154 A – WORK SESSION

330

Sen. Burdick

MOTION:  Moves HB 3154 A to the floor with a DO PASS recommendation.

335

 

VOTE:  4-0

EXCUSED:  2 - Sen. Atkinson, Sen. Clarno

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

340

Co-chair Brown

Recesses the meeting at 2:04 PM.

******************************RECESS****************************************

345

Co-chair Brown

Reconvenes the meeting at 2:11 PM.

350

Co-chair Brown

Closes the work session on HB 3154 and opens work sessions on HJR 18 B & HB 2651 A

HJR 18 B & HB 2651 A – WORK SESSION

354

Harrison Conley

Legislative Counsel. Clarifies looking to adopt –B6 amendments for HJR 18 B. Presents HJR 18 B-B6 amendments dated 7/15/03 and HB 2651 A-A4 amendments dated 7/15/03 (EXHIBITS H, I).

 

Co-chair Brown

Responds that is correct.

 

Conley

Clarifies the interest is changing the total market value of property that could be incurred at 1% instead of 2%.

 

Co-chair Brown

Asks what the impact of the change is from 2% to1%.

370

Conley

Answers 1% real market value is $2.8 billion and 2% is $5.6 billion.  

375

Sen. Beyer

MOTION: Moves to ADOPT HJR 18 B-B6 amendments dated 7/15/03

380

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

385

Sen. Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of amending on line 20, page 1 the word "two" and changing it to the word "one".

390

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

400

Sen. Beyer

MOTION:  Moves HJR 18 B be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

405

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

408

Co-Chair Brown

Closes the work session on HJR 18 B.

HB 2651 A

410

Sen. Beyer

MOTION:  Moves to ADOPT HB 2651 A-A4 amendments dated 7/15/03

415

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

400

Sen. Beyer

Asks for clarification of location of 2% to 1%.

405

Conley

Verifies the location of 2% to 1%.

 

TAPE 92, A

005

Sen. Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of conceptually amending HB 2651 A on lines 10 & lines 45 on page 2 changing the word "two" to the word "one".

010

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

410

Sen. Beyer

MOTION:  Moves to ADOPT HB 2651 A-A4 amendments dated

415

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

015

Sen. Beyer

MOTION:  Moves HB 2651 A to the floor with a DO PASS AS AMENDED recommendation.

020

 

VOTE:  5-0

EXCUSED:  1 - Sen. Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

022

Co-chair Brown

Closes the work session on HJR 18 B and HB 2651 A. Adjourns the committee at 2:16 PM.

 

 

EXHIBIT SUMMARY

 

A – SB 923, written testimony, Harlan Levy, 1 p

B – SB 923, written testimony, Jeannette Holman, 2 pp

C – SB 912, -1 amendments dated 7/15/03, staff, 2 pp

D – SB 927, written testimony, Ron Eber, 1 p

E – SB 927, written testimony, Carrie MacLaren, 1 p

F – HB 3154 A, written testimony, Michelle Deister, 1 p

G – HB 3154 A, written testimony, Rodger Bennett, 2 pp

H – HJR 18 B, -B6 amendments dated 7/15/03, staff, 1 p

I – HB 2651 A, -A4 amendments dated 7/15/03, staff, 1 p

 

The following exhibits are listed out of order in the body of the tape log:

J – SB 923, written testimony, Jim Hall, 4 pp

K – HB 3154 A, written testimony, Kevin Campbell, 1 p