SENATE COMMITTEE ON RULES

July 28, 2003 Hearing Room B

1:30 PM Tape 103

MEMBERS PRESENT: Sen. Roger Beyer, Co, chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Bev Clarno

Sen. Tony Corcoran

STAFF PRESENT: Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

MEASURES HEARD: Executive Appointments

Director of Affirmative Action

Peggy Ross

Disabilities Commission, Oregon

Robert Pope

Michael James

Geology and Mineral Industries, Governing Board of the Department of

Vera Simonton

State Board of Higher Education

Henry Lorenzen

SB 929 – Work Session

SB 926 – Public Hearing and Work Session

Work Session – Consideration of legislative concepts for drafting and introduction

SB 920 – 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 103, A
005	Co-Chair Beyer	Calls the meeting to order at 1:38 PM. Opens a work session on executive appointments.
WORK SESSION
010	Jim Stembridge	Committee Administrator. Provides an overview of list of appointees.
020	Sen. Clarno	MOTION: Moves that the appearances be waived and that the committee recommend the following appointments and reappointments be confirmed by the Senate, with multiple appointments made to a single board or commission to be considered en bloc:
DIRECTOR OF AFFIRMATIVE ACTION – APPOINTMENT OF PEGGY ROSS (EXHIBIT A)
DISABILITIES COMMISSION, OREGON – APPOINTMENTS OF ROBERT POPE AND MICHAEL JAMES (EXHIBIT B)
GEOLOGY AND MINERAL INDUSTRIES, GOVERNING BOARD OF THE DEPARTMENT OF – APPOINTMENT OF VERA SIMONTON (EXHIBIT C)
STATE BOARD OF HIGHER EDUCATION – APPOINTMENT OF HENRY LORENZEN (EXHIBIT D)
025		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. CLARNO will lead discussion on the floor.
030	Co-chair Beyer	Closes the work session on executive appointments and opens a work session on SB 929.
SB 929 – WORK SESSION
034	Jim Stembridge	Committee Administrator. Provides an overview of SB 929, which expands description of powers of semi-independent state agency with regard to acquisition of property. Presents -1 amendments dated 7/24/03, -2 amendments dated 7/28/03 and -3 amendments dated 7/28/03 (EXHIBITS E, F, G).
041	Co-chair Beyer	Asks if necessary to rescind the -1 amendments if -3 amendments adopted.
046	Stembridge	Responds affirmative.
050	Sen. Burdick	MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the vote by which "MOTION: Moves to ADOPT SB 929-1 amendments dated 7/24/03".
056		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
	Co-chair Beyer	Refers to a letter from the Department of Administration signed by Gary Weeks citing continued concerns with -2 amendments.
065	Sen. Brown	MOTION: Moves to ADOPT SB 929 -2 amendments dated 7/28/03 and -3 amendments dated 7/28/03.
070		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
075	Sen. Brown	MOTION: Moves SB 929 to the floor with a DO PASS AS AMENDED recommendation.
080		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. CO-CHAIR BEYER will lead discussion on the floor.
083	Co-chair Beyer	Closes the work session on SB 929 and opens a public hearing on SB 926.
The following prepared testimony is submitted for the record without public testimony for SB 926: Kate Richardson Submits written testimony (EXHIBIT M) Gary Weeks Submits written testimony (EXHIBIT N)
SB 926 – PUBLIC HEARING
085	Judith Callens	Committee Administrator. Provides an overview of SB 926, which allows beverage container dealers to refuse to accept beverage containers that are damaged to such extent that bar code or brand name is unreadable. Presents the -1 amendments dated 7/24/03 (EXHIBIT H).
090	Gary Oxley	Oxley and Associates. Representing Fred Meyer and Safeway. Testifies in support of SB 926. Discusses the background of the bill and purpose for the bill today.
112	Sen. Burdick	Asks whether crushing into disks is done in a methodical way.
115	Oxley	States machines that can be bought today are similar to a french fry machine that crushes creating a disk.
118	Sen. Burdick	Asks if clients have any plan to educate people that they cannot use these machines.
125	Oxley	Responds the notice will be posted in the stores informing consumer that stores will no longer accept crushed containers. Claims then the issue will become mute when consumer realizes they no longer can return those containers.
130	Sen. Burdick	Asks whether someone can recycle unreturned crushed cans.
133	Oxley	Responds they could but would not receive five cents.
135	Doug Myers	Representing Oregon Association of Recyclers. Testifies in support of SB 926 with -1 amendments. Comments the grocer should not have to take back something he did not sell.
142	Sen. Beyer	Closes the public hearing on SB 926 and opens a work session on SB 926.
SB 926 – WORK SESSION
145	Sen. Atkinson	MOTION: Moves to ADOPT SB 926 -1 amendments dated 7/24/03.
150		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
155	Sen. Atkinson	MOTION: Moves SB 926 to the floor with a DO PASS AS AMENDED recommendation.
160		VOTE: 6-0
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor.
163	Co-chair Beyer	Closes the work session on SB 926 and opens a work session on consideration of legislative concepts for drafting and introduction. .
WORK SESSION
165	Co-Chair Beyer	Comments on a request from Senator Brown requiring state government to require open source software, reincarnation of HB 2892.
170	Sen. Atkinson	MOTION: Moves legislative concepts 1, submitted by staff, BE APPROVED FOR DRAFTING by Legislative Counsel and BE INTRODUCED as committee bills (EXHIBIT I).
175		VOTE: 6-0
178	Co-chair Beyer	Recesses the meeting at 1:54 PM.
185	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
******************************RECESS************************************
190	Co-chair Beyer	Reconvenes the meeting at 1:55 PM. Closes the work session on measure drafting and opens a work session on SB 920.
SB 920 – WORK SESSION
196	Judith Callens	Committee Administrator. Provides an overview of SB 920, which modifies land use planning requirements for metropolitan service district. Presents -1 amendments dated 7/23/03, -2 amendments dated 7/23/03 and -3 amendments dated 7/23/03 (EXHIBITS J, K, L).
297	Sen. Burdick	MOTION: Moves to ADOPT SB 920 -2 amendments dated 7/23/03.
325	Sen. Brown	Comments about discussion in Governor’s office on issues addressed with technical changes. Refers to page 2, lines 2 through 7 on -2 amendments.
335	Co-chair Beyer	Suggests setting bill for tomorrow in hopes for an amendment that is more clear.
340	Sen. Burdick	Withdraws motion.
348	Co-chair Beyer	Closes the work session on SB 920. Comments SB 911 is not going to be heard today. Adjourns the meeting at 2:04 PM.

EXHIBIT SUMMARY

A – Director of Affirmative Action, staff and Governor’s office, 9 pp

B – Oregon Disabilities Commission, staff and Governor’s office, 13 pp

C – Governing Board of the Department of Geology and Mineral Industries, staff and Governor’s office, 7 pp

D – State Board of Higher Education, Staff and Governor’s office, 10 pp

E – SB 929, -1 amendments dated 7/24/03, staff, 11 pp

F – SB 929, -2 amendments dated 7/28/03, staff, 1 p

G – SB 929, -3 amendments dated 7/28/03, staff, 12 pp

H – SB 926, -1 amendments dated 7/24/03, staff, 1 p

I – Legislative concepts, memo, staff, 1 p

J – SB 920, -1 amendments dated 7/23/03, staff, 2 pp

K – SB 920, -2 amendments dated 7/23/03, staff, 3 pp

L – SB 920, -3 amendments dated 7/23/03, staff, 1 pp

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

M – SB 929, letter, Kate Cooper Richardson, 1 p

N – SB 929, letter, Gary Weeks, 1 p