SENATE COMMITTEE ON ENVIRONMENT & LAND USE
March 22, 2005 Hearing Room 343
7:00 A.M. Tapes 49 - 50
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Jason Atkinson, Vice-Chair
Sen. Roger Beyer
Sen. Frank Shields
MEMBER EXCUSED: Sen. Ginny Burdick
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
SB 82 – Work Session
SB 64 – Public Hearing and Work Session
SB 177 – Public Hearing and Work Session
SB 184 – Public Hearing and Work Session
HB 2196 A – Public Hearing and Work Session
HB 2198 – Public Hearing
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.
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TAPE/# |
Speaker |
Comments |
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TAPE 49, A |
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005 |
Chair Ringo |
Calls meeting to order at 7:03 a.m. and opens work session on SB 82. |
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SB 82 – WORK SESSION |
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Matt Shields |
Committee Administrator. Submits SB 82-1 amendments for the record (EXHIBIT A). |
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008 |
Chair Ringo |
MOTION: Moves to ADOPT SB 82-1 amendments dated 03/18/05. |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Burdick |
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010 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
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011 |
Chair Ringo |
MOTION: Moves SB 82 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Burdick |
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014 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
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015 |
Chair Ringo |
Closes work session on SB 82 and opens public hearing on SB 64. |
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SB 64 – PUBLIC HEARING |
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Matt Shields |
Committee Administrator. Submits SB 64-1 amendments for the record (EXHIBIT B). |
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016 |
James Hamrick |
Assistant Director, Oregon Parks and Recreation Department (OPRD). States that the OPRD supports the -1 amendments. |
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023 |
Chair Ringo |
Asks if Sen. Beyer would like to comment on the -1 amendments. |
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024 |
Sen. Beyer |
Discusses -1 amendments. |
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027 |
Chair Ringo |
Asks Sen. Beyer to review his concerns of SB 64. |
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028 |
Sen. Beyer |
Details concerns with SB 64. |
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045 |
Chair Ringo |
Closes public hearing on SB 64 and opens work session on SB 64. |
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SB 64 – WORK SESSION |
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046 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 64-1 amendments dated 3/9/05. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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054 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
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055 |
Sen. Beyer |
MOTION: Moves SB 64 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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057 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor. |
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059 |
Chair Ringo |
Closes work session on SB 64 and opens public hearing on SB 177. |
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SB 177 – PUBLIC HEARING |
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|
060 |
Charlie Stone |
Oregon Department of Forestry. Gives background information on SB 177. Submits written testimony in support of SB 177 (EXHIBIT C). Mentions -1 amendments which are submitted by staff for the record (EXHIBIT D). |
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095 |
Chair Ringo |
Asks about tort claim limit. |
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100 |
Ian Whitlock |
General Counsel for the Department of Forestry, Department of Justice. Responds. |
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101 |
Chair Ringo |
Believes that it is $100,000 for economic and $100,000 for non-economic. States that this would limit liability. |
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104 |
Whitlock |
Discusses liability limits. |
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105 |
Chair Ringo |
Makes comment. |
|
106 |
Chair Ringo |
Closes public hearing on SB 177 and opens work session on SB 177. |
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SB 177 – WORK SESSION |
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106 |
Sen. Atkinson |
MOTION: Moves to ADOPT SB 177-1 amendments dated 3/15/05. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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107 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
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108 |
Sen. Atkinson |
MOTION: Moves SB 177 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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109 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor. |
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110 |
Sen. Beyer |
States potential conflict of interest for the record. |
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115 |
Chair Ringo |
Closes work session on SB 177 and opens public hearing on SB 184. |
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SB 184 – PUBLIC HEARING |
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120 |
Lisa Hanson |
Assistant Director, Oregon Department of Agriculture (ODA). Submits written testimony in support of SB 184 (EXHIBIT E). Introduces Janet Fults. |
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130 |
Janet Fults |
Fertilizer Program Manager, Pesticides Division, ODA. Explains details of SB 184. |
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142 |
Chair Ringo |
Asks what section witness is referring to. |
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147 |
Hanson |
Says that Ms. Fults has consolidated the seven changes. |
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148 |
Fults |
Asks if she should separate the changes out by section. |
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149 |
Chair Ringo |
States that he is trying to follow submitted testimony through SB 184. |
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150 |
Fults |
States that there are some changes in SB 184 that were recommendations in form and style by Legislative Counsel. |
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154 |
Chair Ringo |
Replies okay. |
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155 |
Fults |
Continues explaining changes. |
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156 |
Chair Ringo |
Asks witness to explain the last change again. |
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157 |
Fults |
Explains in detail. |
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165 |
Chair Ringo |
Replies okay. |
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166 |
Fults |
Continues detailing changes that SB 184 would introduce. |
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176 |
Chair Ringo |
Asks what page witness is referring to. |
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179 |
Fults |
Responds. Continues explaining changes. |
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205 |
Chair Ringo |
Asks witness to show exactly where the word “and” is being changed to “or”. |
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207 |
Sen. Beyer |
Gives reference. |
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209 |
Chair Ringo |
Asks if it is line 39. |
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210 |
Fults |
Replies page 15, lines 38 and 39. Explains in detail. |
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217 |
Sen. Shields |
Asks what agricultural amendment means. |
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219 |
Fults |
Explains agricultural amendment. |
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225 |
Sen. Shields |
Makes comment. |
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228 |
Chair Ringo |
Closes public hearing on SB 184 and opens work session on SB 184. |
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SB 184 – WORK SESSION |
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289 |
Sen. Beyer |
MOTION: Moves SB 184 to the floor with a DO PASS recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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290 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. SHIELDS will lead discussion on the floor. |
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235 |
Terry Witt |
Executive Director, Oregonians for Food and Shelter. Testifies in support of SB 184. Submits written testimony (EXHIBIT F). Submits written testimony on behalf of Scott McKinnie in support of SB 184 (EXHIBIT G). |
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245 |
Sen. Atkinson |
Asks if Greg Addington can be asked to come to the witness table between bills. |
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246 |
Chair Ringo |
Asks why. |
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247 |
Sen. Atkinson |
Explains. |
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250 |
Chair Ringo |
Closes work session on SB 184. Asks Greg Addington to come forward. |
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251 |
Sen. Atkinson |
Asks if he may proceed with the line of questioning. |
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252 |
Chair Ringo |
Replies yes. |
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257 |
Sen. Atkinson |
Asks witness to state his name for the record. |
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258 |
Greg Addington |
Oregon Farm Bureau. Introduces himself. |
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262 |
Sen. Atkinson |
Asks if witness is complaining about the early hour of the meeting. |
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263 |
Addington |
Replies no. |
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264 |
Sen. Shields |
Makes comment about newspaper article. |
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265 |
Sen. Atkinson |
Asks if today is witness’ last day at the Oregon Farm Bureau. |
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266 |
Addington |
Replies no, and states that Friday will be his last day at the Oregon Farm Bureau. |
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267 |
Sen. Atkinson |
Asks if today will be the last day that he has the opportunity to question the witness as a representative of the Oregon Farm Bureau. |
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269 |
Addington |
Replies yes. |
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270 |
Sen. Atkinson |
Asks why witness is leaving the Oregon Farm Bureau. |
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271 |
Addington |
Responds that he has taken a job as the Executive Director for the Klamath Water Users Association. |
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273 |
Sen. Atkinson |
Asks witness to explain what type of work he will be doing for the Klamath Water Users Association. |
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275 |
Addington |
Responds. |
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282 |
Sen. Atkinson |
Wishes him the best of luck. |
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288 |
Chair Ringo |
Thanks witness for his patience. |
|
291 |
Chair Ringo |
Opens public hearing on HB 2196 A. |
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HB 2196 A – PUBLIC HEARING |
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292 |
Lisa Hanson |
Assistant Director, Oregon Department of Agriculture (ODA). Introduces witnesses. |
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310 |
Jim Rue |
Oregon State Board of Agriculture. Submits written testimony on HB 2196 A (EXHIBIT H). Gives background information on HB 2196 A. |
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369 |
Ken Bailey |
Vice-Chair, Oregon State Board of Agriculture. Testifies in support of HB 2196 A. |
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388 |
Bernie Faber |
Chair, Oregon State Board of Agriculture. Testifies in support of HB 2196 A. |
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TAPE 50, A |
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|
005 |
Chair Ringo |
Asks how HB 2196 A increases the Oregon State Board of Agriculture’s responsibility. |
|
010 |
Rue |
Responds that HB 2196 A says that the Oregon State Board of Agriculture should advise the director of the ODA on policy. |
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014 |
Chair Ringo |
Verifies that witness believes that it is not currently clear that the members of the Board of Agriculture have the authority to advise the director of the ODA on policy. |
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015 |
Rue |
Responds. |
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018 |
Rue |
Says that HB 2196 A directs the Board of Agriculture to submit a biennial report on the state of agriculture to the governor and the legislature. |
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022 |
Sen. Shields |
Refers to submitted testimony. Asks question about board membership. |
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035 |
Rue |
Responds. |
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047 |
Chair Ringo |
Wonders if point raised by Sen. Shields is a valid concern. |
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049 |
Chair Ringo |
Closes public hearing on HB 2196 A and opens work session on HB 2196 A. |
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HB 2196 A – WORK SESSION |
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050 |
Sen. Atkinson |
MOTION: Moves HB 2196A to the floor with a DO PASS recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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053 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. ATKINSON will lead discussion on the floor. |
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055 |
Chair Ringo |
Closes work session on HB 2196 A and opens public hearing on HB 2198. |
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HB 2198 – PUBLIC HEARING |
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061 |
Lisa Hanson |
Assistant Director, Oregon Department of Agriculture (ODA). Explains HB 2198. |
|
070 |
Dan Hilburn |
Administrator of the Plant Division, ODA. Submits written testimony in support of HB 2198 (EXHIBIT I). Gives background information on HB 2198. Highlights submitted testimony. Urges committee to repeal the sunset. |
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099 |
Sen. Beyer |
Asks question about the outstanding violation. |
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105 |
Hilburn |
Responds. |
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117 |
Sen. Beyer |
Asks how long this process has been going on with this one individual. |
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118 |
Hilburn |
Replies this is the third season that the individual has not been licensed. |
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120 |
Sen. Beyer |
Discusses outstanding violation and talks about enforcement. |
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125 |
Hilburn |
Responds. |
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140 |
Sen. Beyer |
Asks about timing of notifications and inspections. |
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147 |
Hilburn |
Responds. Gives details of Christmas tree license timeline. |
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159 |
Sen. Beyer |
Discusses willful violation of the law. |
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165 |
Hilburn |
Discusses intent of the rule. |
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176 |
Sen. Beyer |
Asks what happens if the same person fails to be licensed this year. |
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180 |
Hilburn |
Responds. |
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185 |
Chair Ringo |
Thanks Sen. Beyer for his questions. Says that if these were funds owed to a private entity, the private entity would not wait years to get their money. |
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190 |
Shawn Miller |
Pacific Northwest Christmas Tree Association (PNWCTA). Testifies in support of HB 2198. States that the PNWCTA feels comfortable repealing the sunset. Discusses Sen. Beyer’s concern mentioned. Hopes the ODA will act a little faster. |
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215 |
Chair Ringo |
Closes public hearing on HB 2198 and adjourns meeting at 7:47 a.m. |
EXHIBIT SUMMARY
A. SB 82, -1 amendments, Staff, 1 p
B. SB 64, -1 amendments, Staff, 1 p
C. SB 177, written testimony, Charlie Stone, 3 pp
D. SB 177, -1 amendments, Staff, 1 p
E. SB 184, written testimony, Lisa Hanson, 1 p
F. SB 184, written testimony, Terry Witt, 1 p
G. SB 184, written testimony of Scott McKinnie, Terry Witt, 1 p
H. HB 2196 A, written testimony, Jim Rue, 1 p
I. HB 2198, written testimony, Dan Hilburn, 1 p