SENATE COMMITTEE ON RULES

 

 

July 29, 2003                                                                                                           Hearing Room B

1:30 PM                                                                                                                    Tapes 104 - 105

 

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

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       HB 2614A – Public Hearing and Work Session

                                                SB 935 – Public Hearing

                                                SB 911A – Work Session

                                                SB 920 – Work Session

                                                HB 3646 – 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 104, A

003

Co-chair Beyer

Calls meeting to order at 1:45 PM. Opens public hearing on HB 2614A.

HB 2614A – PUBLIC HEARING

010

Judith Callens

Committee Administrator. Summarizes HB 2614A, which requires City of Woodburn to include specified land within urban growth boundary (UGB) for industrial uses. Notes -A9 amendments replace the bill (EXHIBIT A). Informs there was no revenue and minimal fiscal impact on the related bill, HB 2689 (2003).

017

Sen. Rick Metsger

Senate District 26. Overviews –A9 amendments. Provides history behind the reincarnation of HB 2689 (2003). Explains the new philosophy behind HB 2614A with the –A9 amendments. Informs of a workgroup on the measure and its participants. Lists the limitations of the bill. Notes the sunset on the bill is two years. Points out the emergency clause, and informs the Governor’s office has requested it be removed. Offers the Governor supports the measure. Understands the potential desire of the committee to use the bill as a vehicle for others. Notes an error in an enrolled bill that the amendment will fix.

130

Sen. Corcoran

Remarks.

135

Co-chair Beyer

States intentions for the agenda. 

147

Art Schlack

Association of Oregon Counties (AOC). Testifies in support of HB 2614A. Urges adding to the bill with the –A9 amendments. Recognizes the benefits of the provision of the bill. Concurs with the removal of the emergency clause in order to expedite the bill.   

209

Sen. Burdick

Asks what provoked the bill.

219

Schlack

Unaware of a company in particular that requested. Speaks on Land Conservation and Development Commission (LCDC) involvement.

229

Sen. Burdick

Utilizes examples of “big box stores:” and requests if the bill makes it easier for them to move in.

237

Schlack

Informs the retail, commercial and residential development cannot be authorized by the bill.

247

Randy Franke

Chair, LCDC. Testifies in support of HB 2614A. Informs of the work on LCDC on the measure. Notes the bill is narrower in focus than the bill supported by LCDC.

279

Harlan Levy

Attorney, Oregon Association of Realtors (OAR). Testifies in support of HB 2614A with the –A9 amendments (EXHIBIT B). Emphasizes the land can only be zoned for industrial use by the bill. Believes the bill provides responsible land-use reform. 

321

Carrie MacLaren

1,000 Friends of Oregon. Testifies in opposition to HB 2614A (EXHIBIT C). Believes the bill undermines a fundamental principal in Oregon’s land-use laws as it exempts lands from Statewide Urbanization Goal 14. Notes 1,000 Friends did support HB 2691, the “mill bill” and lists reasons for support.

389

Sen. Brown

Requests Ms. MacLaren differentiate SB 467 and HB 2614A.

391

MacLaren

Speaks on the location and industrialization of UGB. Answers that 1,000 Friends supports the principle that large industrial facilities be located within the UGB.

TAPE 105, A

001

Doug Riggs

Central Oregon Cities Organization (COCO). Testifies on HB 2614A. Explains initial concerns with the measure and informs of the ways the amendments solved them.

021

Sen. Corcoran

Remarks.

028

Co-chair Beyer

Closes public hearing and opens work session on HB 2614A.

HB 2614A – WORK SESSION

029

Sen. Burdick

Supposes a county would benefit from urban development whether located inside or outside a UGB.

031

Riggs

Recognizes the opportunity for development to be beneficial either way.

027

Co-chair Beyer

Notes –A10 amendments (EXHIBIT D).

042

Judith Callens

Committee Administrator. Understands the HB 2614A–A10 amendments include SB 605 (2003). Explains the fiscal impact of SB 605 (2003) and its effects on the counties.

063

Sen. Brown

Notes the amendments are brought forward by Sen. Devlin.

063

Sen. Brown

MOTION:  Moves to ADOPT HB 2614A-A10 amendments dated 7/29/03.

064

Sen. Burdick

Understands the –A10 amendments address an oversight. Speaks on siting in forest land.

070

Judith Callens

Responds regarding statute.

078

Co-chair Beyer

States he will be a “no” vote.

080

Sen. Clarno

Adds she will vote “no.”

082

 

VOTE:  3-3

AYE:               3 - Burdick, Corcoran, Brown

NAY:               3 - Atkinson, Clarno, Beyer

 

Co-chair Beyer

The motion FAILS.

085

Sen. Brown

MOTION:  Moves to ADOPT HB 2614A-A9 amendments dated 7/28/03.

088

Sen. Metsger

Reminds the committee of the emergency clause.

090

Sen. Brown

Withdraws motion.

092

Sen. Brown

MOTION:  Moves to SUSPEND the rules for the purpose of further amending the -A9 amendments dated 7/28/03.

093

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

095

Sen. Brown

MOTION:  Moves to ADOPT HB 2614A-A9 amendments dated 7/28/03 and that the measure be FURTHER AMENDED on page 5, line 15, by deleting "section five, the emergency clause".

097

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

099

Sen. Atkinson

MOTION:  Moves HB 2614A to the floor with a DO PASS AS AMENDED recommendation.

101

Sen. Burdick

States she will be a “no” vote.

103

Sen. Brown

Adds she will vote “no,” but states she is open to further discussion.

105

 

VOTE:  4-2

AYE:               4 - Atkinson, Clarno, Corcoran, Beyer

NAY:               2 - Burdick, Brown

 

Co-chair Beyer

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

129

Co-chair Beyer

Closes work session on HB 2614A. Opens public hearing on SB 935.

SB 935 – PUBLIC HEARING

131

Jim Stembridge

Committee Administrator. Summarizes SB 935, which makes persons working from home assembling photon light products nonsubject workers for purposes of workers’ compensation insurance.

139

Rep. Alan Brown

House District 10. Supports SB 935. Speaks on the situation of Laughing Rabbit, Incorporated (LRI). Provides accounts of individuals working for LRI in the town of Gladsley. Lists the types of workers who are not covered by workers’ compensation insurance. Understands there are two amendments, an emergency clause and a sunset. States he supports the amendments.

165

Co-chair Beyer

Notes the -1 amendments provided by Sen. Brown (EXHIBIT E)

170

Jim Welsh

Oregon State Grange (OSG). Testifies in support of SB 935. Overviews the measure history. Recognizes that the Governor will not support the measure, but notes the Governor does support an interim workgroup on the issue. Speaks on employees of LRI.

230

David Allen

Owner, LRI. Testifies in support of SB 935 (EXHIBIT F). Provides personal account of his business to illustrate the problem encountered concerning workers’ compensation. Notes he never requested the bill. Believes citizens should have the ability to be free-agents in their own homes. Voices disappointment with the workers’ compensation claims.

288

Sen. Corcoran

Recollects a statement Mr. Allen made to the Eugene Register-Guard.

290

Allen

Asserts he never stated that. Notes he has a factory in China.

303

Sen. Corcoran

Confirms Mr. Allen never made any of the comments.

305

Allen

States he also read the article and affirms he did not. Speaks on business in Oregon and in China.

317

Welsh

Adds it was not their intention to “water down” statute. Voices hope the committee will recognize the “cottage industry.” Speaks further on cottage industries.

350

Margaret Hallock

Governor’s Advisor for Labor and Revenue. Testifies in opposition to SB 935. Expresses concerns of the Governor on the bill and the broader issue of independent contractor status. Explains there is harsh opposition to any changes to the definition of independent contractor. Informs of the plans to discuss the issues involved during the interim. Voices concern that Management Labor Advisory Committee (M-LAC) and the Workers’ Compensation Board does not agree with the exemption created by the bill.

425

Co-chair Beyer

Closes public hearing on SB 935. Opens work session on SB 911A.

SB 911A – WORK SESSION

430

Judith Callens

Committee Administrator. Notes the bill was re-referred to committee. Explains changes made by the –A5 amendments to SB 911A (EXHIBIT G).

TAPE 104, B

008

Sen. Clarno

Indicates the requests for additional changes to the amendments.

010

Sen. Clarno

MOTION:  Moves to SUSPEND the rules for the purpose of further amending the –A5 amendments to SB 911A dated 7/28/03.

013

 

VOTE:  4-0-2

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

010

Sen. Clarno

MOTION:  Moves to AMEND the SB 911-A5 amendments dated 7/28/03 on page 6, line 18, by deleting "may" and inserting "shall"; on page 8, line 14, by deleting "five calendar years" and inserting "every thirty months"; on page 8, line 16, by deleting “five calendar years” and inserting “every thirty months”; and on page 8, line 17, by deleting “may” and inserting “shall”.

016

 

VOTE:  4-0-2

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

035

Sen. Clarno

MOTION:  Moves to ADOPT SB 911A-A5 amendments dated 7/28/03 as further amended.

037

Sen. Atkinson

Informs that it was his idea and intention to allow the bill to be statewide. Allows that he supports it in order for the bill to continue.

039

Sen. Clarno

Recognizes the work of Harrison Conley of Legislative Counsel on the bill and thanks her colleagues for their support.

041

 

VOTE:  4-0

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

043

Sen. Clarno

MOTION:  Moves SB  911A to the floor with a DO PASS AS AMENDED recommendation.

045

 

VOTE:  4-0

EXCUSED:  2 - Brown, Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

047

Co-chair Beyer

Closes work session on SB 911A. Opens work session on SB 920.

SB 920 – WORK SESSION

050

Judith Callens

Committee Administrator. Highlights changes made with the hand engrossed version of SB 920 (EXHIBIT H). Overviews the -5 amendments (EXHIBIT I).

070

Sen. Burdick

Asks if the amendments are a continuation of the workgroups amendments.

075

Callens

Affirms.

080

Co-chair Beyer

Understands there is a -4 amendment from Sen. Brown (EXHIBIT J).

085

Co-chair Beyer

Closes work session on SB 920. Opens public hearing on HB 3346.

HB 3646 – PUBLIC HEARING

088

Marjorie Taylor

Committee Administrator. Summarizes HB 3646, which eliminates requirement that race days be allocated based on 1992 and 1993 calendar year allocations. Notes the -1 amendments from Sen. Burdick (EXHIBIT K)

095

Co-chair Beyer

Informs of rules for testimony.

101

Larry Campbell

Multnomah Greyhound Park; Portland Meadows. Testifies in support of HB 3646. Explains the objective of the proponents.

125

Dave Nelson

Portland Meadows, Multnomah Greyhound Park. Testifies in support of HB 3646. Echoes Mr. Campbell’s concerns. Opposes -1 amendments as they are more restrictive than current statute. Lists concerns with the language of the -1 amendments.

158

John McCulley

Oregon Fairs Association. Testifies in support of HB 3646.

173

Sen. Burdick

States the -1 amendments are not intended to be more restrictive. Explains the intent. Asks if the proponents would accept an amendment that would keep greyhound racing at “the status quo” and confine liberalization to horse racing.

183

Nelson

Responds the preference is to leave the decision to the Oregon Racing Commission to allow for flexibility.

192

Sen. Burdick

Recalls his statement about existing flexibility. States she does not understand the concerns with the greyhound portion.

198

Nelson

Provides example to illustrate the flexibility that would be lost. Explains preferences of Portland Greyhound Park. 

220

Sen. Burdick

Responds she does not understand the problem.

225

Nelson

Reiterates the -1 amendments to not allow for flexibility.

231

Sen. Burdick

Asks why the bill cannot only include horses.

237

Nelson

Answers the bill began the way suggested in the House. Explains how the language was crafted.

256

Co-chair Beyer

Remarks.

264

Sen. Burdick

Explains section two of the -1 amendments is a technical change.

272

Connie Theil

Multnomah County. Testifies in opposition to HB 3646. Provides three letters (EXHIBIT L). Provides statistics on dog racing. Thinks legislative focus should be on the budget. Advises dogs be removed from the -1 amendments.

333

Kyle Ash

Citizen. Testifies in opposition to HB 3646.

352

Lisa Kendall

Citizen. Testifies in opposition to HB 3646. Provides opinion on greyhound racing.

395

Celeste Crimi

Washington County. Testifies in opposition to HB 3646. Speaks on the misuse and overpopulation of animals in racing.

TAPE 105, B

020

Dianne Kippes

Clackamas County. Testifies in opposition to HB 3646. Provides statistics on dog injuries in racing and misuse of the animals.

040

Karen Ulbright

Citizen. Testifies in opposition to HB 3646. Voices discontent with the realities of the mistreatment of animals and with gambling.

057

Ann Glatt

Owner, adopted greyhound. Testifies in opposition to HB 3646. Explains reasons she adopted her greyhound. Provides personal account of greyhounds in Arizona. Informs the committee of the findings of her family on the treatment of greyhounds. Notes greyhounds predisposition to cancer and that the family greyhound has cancer. Believes the dogs are exploited.

118

Rebecca Glatt

Daughter, Ann Glatt. Informs the committee of her research on greyhounds.

131

Benjamin Glatt

Son, Ann Glatt. Voices concern for the treatment of the dogs during their lives. 

140

A. Glatt

States there is no other breed of dog used for entertainment, “exploitation, and gambling.”

150

Steve Walters

Chair, Oregon Racing Commission (ORC). Testifies on HB 3646. Respects the views of the opponents. Voices concern the bill has become a referendum as to the regulation of greyhound racing in Oregon. Informs the committee of the positive aspects of greyhound racing. Notes greyhound racing is a year-round industry already and that HB 3646 would allow for flexibility. Believes the testimony has fallen away from the bill. Responds to Sen. Burdick’s question on maintaining “status quo” with regard to greyhounds by the -1 amendments. Explains race days vary dramatically. Anticipates the flexibility the bill would provide would be rescinded with adoption of the -1 amendments. Expresses concern for the welfare of the animals involved.

230

Sen. Burdick

Voices discontent greyhounds must be included in the measure. 

247

Walters

Expresses difficulty in finding “sidebars” on the issue of greyhounds. States he is unsure of a method that would not limit the ORC. Suggestions.

273

Sen. Burdick

Notes she has never attended a greyhound race. Asks what the longest season has been.

280

Walters

Recalls it was seven months in 1991.

285

Sen. Burdick

Asks if there is a “no kill” rule in Oregon greyhound racing.

287

Walters

Affirms.

295

Sen. Burdick

Inquires that it applies to the farms that raise the dogs as well.

300

Walters

Affirms. Informs the greyhound farms are licensed and inspected. Thinks the confusion is due to possible mistreatment in other states. States that, to his knowledge, none of the accounts of maltreatment in the opposing testimony have occurred in Oregon. Offers that the greyhounds are tracked.

312

Sen. Burdick

Restates question. Asks how the greyhounds born who cannot perform to the high standards are treated.

319

Walters

Reaffirms the greyhounds are not killed, and adds that they are adopted. Reiterates it is illegal to kill the dogs.

324

Sen. Corcoran

Asks how long the shortest race season lasted.

330

Walters

Answers to his knowledge, three months. Adds the average season is between five and six months.

335

Sen. Corcoran

Clarifies that is the normal range.

340

Walters

Affirms.

346

Sen. Corcoran

Asks how many races there are in a meet day.

349

Walters

Answers eleven to twelve, with eight dogs in a race.

352

Sen. Corcoran

Asks if the dogs are used every day.

356

Walters

Answers they are used two to three times a week.

359

Sen. Corcoran

Estimates there are 200 dogs. Asks from what ages they are run.

365

Walters

Answers the dogs begin around eighteen months, reach their prime around two to three years, and that four to five years is considered an older racing dog.

369

Sen. Corcoran

Asks how many greyhound venues there are in the country.

371

Walters

Answers forty-seven.

374

Sen. Corcoran

Asks how many states have adoption programs.

376

Walters

States he is unsure, but believes that most states do.

378

Sen. Corcoran

Asks how many greyhounds are adopted.

379

Walters

Answers around 300. Offers that greyhounds are shipped from out-of-state to take part in Oregon’s adoption program.

390

Co-chair Beyer

Closes public hearing and opens work session on HB 3646.

HB 3646 – WORK SESSION

392

Sen. Burdick

MOTION:  Moves to ADOPT HB 3646-1 amendments dated 7/25/03.

394

Sen. Clarno

States she will vote “no.”

395

Sen. Atkinson

Adds he will be a “no” vote.

400

 

VOTE:  2-3-1

AYE:               2 - Burdick, Corcoran

NAY:               3 - Atkinson, Beyer, Clarno

EXCUSED:     1 - Brown

410

Co-chair Beyer

The motion FAILS.

415

Co-chair Beyer

Closes work session on HB 3646. Adjourns meeting at 3:36 PM.

 

EXHIBIT SUMMARY

 

A – HB 2614A, -A9 amendments (7/28/03), 5 pp.

B – HB 2614A, written testimony, Harlan Levy, 2 pp.

C – HB 2614A, written testimony, Carrie MacLaren, 1p

D – HB 2614A, -A10 amendments (7/29/03), Staff, 4 pp.

E – SB 935, -1 amendments (7/23/03), Staff, 7 pp.

F – SB 935, written testimony, David Allen, 1 p

G – SB 911A, -A5 amendments (7/28/03), Staff, 8 pp.

H – SB 920, hand engrossed with -5 amendments, Staff, 10 pp.

I – SB 920, -5 amendments (7/29/03), Staff, 2 pp.

J – SB 920, -4 amendments (7/29/03), Staff, 2 pp.

K – HB 3646, -1 amendments (7/25/03), Staff, 2 pp.

L – HB 3646, letters, Connie Theil, 4 pp.