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