SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

April 05, 2005                                                                                                      Hearing Room 343

7:00 A.M.                                                                                                                     Tapes 71 - 72

 

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 569 – Public Hearing

SB 353 – Work Session

HB 2438 – Public Hearing

SB 96 – 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 71, A

005

Chair Ringo

Calls meeting to order at 7:07 a.m. and opens public hearing on SB 569.

SB 569 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits SB 569-1 amendments for the record (EXHIBIT A).

013

Sen. Floyd Prozanski

Represents Senate District 4. Introduces Bob Horning. Testifies in support of SB 569. Discusses potential opposition to SB 569 and says that he wants to try and reach a solution.

042

Sen. Bruce Starr

Represents Senate District 15. Testifies in support of SB 569.

050

Bob Horning

Horning’s Fishing and Picnic Hideout. Submits written testimony in support of SB 569 (EXHIBIT B). Asks permission to read his written testimony.

052

Chair Ringo

Asks witness to summarize the problem.

055

Horning

Summarizes problem and gives background information on SB 569.

095

Sen. Prozanski

Discusses health codes and frequency of events.

112

Horning

Discusses his facility.

125

Sen. Atkinson

Makes comments. Asks Sen. Prozanski if witness would potentially be violating this law if he were to have a church youth group on his site on Sunday afternoons. Asks if there is a protection because it is a church youth group.

134

Sen. Prozanski

Responds.

140

Sen. B. Starr

Responds.

168

Chair Ringo

Asks about -1 amendments. Asks if other amendments are being worked on.

172

Sen. Prozanski

Responds.

185

Sen. Beyer

Makes suggestions for an amendment.

188

Sen. Atkinson

Makes comment.

193

Sen. B. Starr

Responds.

200

Horning

States that the limitation on the frequency of the events is the main issue.

208

Chair Ringo

Verifies that removal of the three month limitation would be helpful.

209

Horning

Replies yes.

214

Laurel Cookman

Willamette Gables Riverside Estate. Accompanied by husband Scott Cookman. Testifies in support of SB 569.

275

Cookman

Gives economic analysis of events.

297

Chair Ringo

Asks how many weddings are held at witness’ facility.

298

Cookman

Replies one a quarter and explains in detail.

308

Chair Ringo

Appreciates witness’ testimony.

310

Cookman

States that they have not had any problems with law enforcement.

325

John Powell

Oregon State Sheriff’s Association. Discusses potential problems with SB 569.

373

Chair Ringo

Verifies that SB 569 would change the number specified for a mass gathering from 3,000 to 4,500.

382

Powell

Clarifies definition of mass gathering and the effect of SB 569. Gives example.

397

Chair Ringo

Asks about frequency of events.

400

Powell

Responds.

TAPE 72, A

002

Sen. Beyer

Makes comments. Asks how the law for mass gatherings is being interpreted to regulate a wedding of 200 people on a Saturday afternoon.

008

Powell

Responds.

012

Gail Shibley

Administrator, Public Health Systems, Department of Human Services (DHS). Discusses problem. Gives background information on mass gatherings. States that the DHS cannot support SB 569 and gives specific reasons why.

069

Chair Ringo

Asks if the DHS has a problem with removing the limitation on the frequency of events.

070

Shibley

Responds.

074

Art Schlack

Association of Oregon Counties. Expresses concerns about SB 569. Refers to specific language of SB 569.

112

Sen. Beyer

Ask question about language.

114

Schlack

Responds.

119

Schlack

Continues testimony on SB 569. Expresses concerns about loss of local control. Provides an illustration.

150

Chair Ringo

Makes comments.

155

Sen. Beyer

Asks question about holding a political rally more often than once every three months.

158

Chair Ringo

Responds.

160

Sen. Prozanski

Responds.

170

Sen. Shields

Makes comments.

180

Chair Ringo

Recesses public hearing on SB 569 and opens work session on SB 353.

SB 353 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits SB 353-1 amendments (EXHIBIT C) and SB 353-2 amendments for the record (EXHIBIT D).

195

Harlan Levy

Senior Staff Attorney, Oregon Association of Realtors. Testifies in support of SB 353 with the -2 amendments.

200

Sen. Beyer

MOTION:  Moves to ADOPT SB 353-2 amendments dated 04/04/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

205

Chair Ringo

Hearing no objection, declares the motion CARRIED.

210

Sen. Beyer

MOTION:  Moves SB 353 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

215

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

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

 

Marge Kafoury

Director, Office of Government Affairs, City of Portland. Submits written testimony on SB 353 (EXHIBIT E).

218

Chair Ringo

Closes work session on SB 353 and opens public hearing on HB 2438.

HB 2438 – PUBLIC HEARING

220

Harlan Levy

Senior Staff Attorney, Oregon Association of Realtors. Submits and highlights written testimony in support of HB 2438 (EXHIBIT F).

The following is submitted for the record without public testimony:

 

Bob Rindy

Department of Land Conservation and Development. Submits written testimony in support of HB 2438 (EXHIBIT G).

250

Chair Ringo

Says he will hold HB 2438. Closes public hearing on HB 2438 and opens work session on SB 96.

SB 96 – WORK SESSION

255

Bob Rindy

Department of Land Conservation and Development. Testifies in support of SB 96. Submits written testimony (EXHIBIT H).

268

Chair Ringo

Says that Sen. Burdick expressed some concerns at an earlier hearing on SB 96. Asks if Mr. Rindy has talked with Sen. Burdick regarding these concerns.

270

Rindy

Says that he has submitted some testimony which addresses the questions raised.

271

Chair Ringo

Verifies that witness does not have any amendments to offer to the committee.

272

Rindy

Confirms this.

273

Chair Ringo

Verifies that the original bill should be passed.

274

Rindy

Explains.

275

Harlan Levy

Senior Staff Attorney, Oregon Association of Realtors. Testifies in support of SB 96.

280

Sen. Beyer

MOTION:  Moves SB 96 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

283

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

285

Chair Ringo

Closes work session on SB 96 and re-opens public hearing on SB 569.

SB 569 – PUBLIC HEARING

290

Matt Jaqua

Conference of Local Environmental Health Supervisors. Discusses concerns and testifies on SB 569.

327

Chair Ringo

Closes public hearing on SB 569 and adjourns meeting at 7:57 a.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 569, -1 amendments, Staff, 1 p

B.     SB 569, written testimony, Bob Horning, 5 pp

C.     SB 353, -1 amendments, Staff, 1 p

D.    SB 353, -2 amendments, Staff, 1 p

E.     SB 353, written testimony, Marge Kafoury, 1 p

F.      HB 2438, written testimony, Harlan Levy, 2 pp

G.    HB 2438, written testimony, Bob Rindy, 1 p

H.    SB 96, written testimony, Bob Rindy, 1 p