SENATE COMMITTEE ON ENVIRONMENT & LAND USE
April 06, 2005 Hearing Room B
3:00 P.M. Tapes 73 - 76
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Jason Atkinson, Vice-Chair
Sen. Roger Beyer
Sen. Ginny Burdick
MEMBER EXCUSED: Sen. Frank Shields
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
SB 887 – Work Session
SB 294 – Public Hearing
SB 1037 – 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 73, A |
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|
005 |
Chair Ringo |
Calls meeting to order at 3:04 p.m. Makes opening remarks. Opens work session on SB 887. |
|
SB 887 – WORK SESSION |
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|
015 |
Sen. Ryan Deckert |
Represents Senate District 14. Mentions -5 amendments which are submitted by staff for the record (EXHIBIT A). |
|
033 |
Chair Ringo |
Recesses work session on SB 887 and opens public hearing on SB 294. |
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SB 294 – PUBLIC HEARING |
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|
042 |
Candi Penn |
Director, Hemp Industries Association. Submits informational packet (EXHIBIT B). |
|
049 |
Chair Ringo |
Interrupts Ms. Penn to allow Sen. Floyd Prozanski to testify. |
|
050 |
Sen. Floyd Prozanski |
Represents Senate District 4. Gives background information on SB 294. Submits and explains SB 294-1 amendments (EXHIBIT C) and SB 294-2 amendments (EXHIBIT D). |
|
075 |
Chair Ringo |
Asks if the -1 amendments would change the degree of opposition to SB 294. |
|
076 |
Sen. Prozanski |
Replies. Discusses the -2 amendments. |
|
095 |
Penn |
Gives background information on hemp. Testifies in support of SB 294. |
|
120 |
Carolyn Moran |
Living Tree Paper. Testifies in support of SB 294. Submits informational packet (EXHIBIT E). |
|
128 |
Chair Ringo |
Asks where Ms. Moran’s business is located. |
|
129 |
Moran |
Replies Eugene. Continues testimony in support of SB 294. |
|
135 |
Chair Ringo |
Asks witness what climate and soil types are needed to grow hemp. |
|
137 |
Moran |
Responds. |
|
139 |
Chair Ringo |
Asks specifically where hemp could be grown. |
|
140 |
Moran |
Responds. |
|
141 |
Chair Ringo |
Verifies that hemp needs water to grow. |
|
142 |
Moran |
Replies yes. |
|
145 |
Chair Ringo |
Asks witnesses if they have written testimony. |
|
146 |
Penn |
Replies that her written testimony is included in the submitted informational packet. |
|
147 |
Sen. Prozanski |
States that there are two other people who will testify. States that he is submitting written testimony on behalf of Gerry Shapiro, President of The Merry Hempsters, Inc., in support of SB 294 (EXHIBIT F). |
|
155 |
Sue Kastensen |
Founder of Sun Dog. Gives background information on Sun Dog. Distributes samples of products. |
|
168 |
Patrick Goggin |
Co-Counsel for Hemp Industries Association. Submits and reads written testimony in support of SB 294 (EXHIBIT G). |
|
215 |
Sen. Prozanski |
States that another constituent that could not be here today also has a lip balm company. Discusses farms and regulations. |
|
220 |
Joel Lujan |
Oregon State Police. Submits informational packet (EXHIBIT H) and reads written testimony in opposition to SB 294. |
|
290 |
Chair Ringo |
Asks witness to summarize by paragraph. |
|
291 |
Lujan |
Continues testimony in opposition to SB 294. |
|
355 |
Chair Ringo |
Asks if there is currently a problem in Canada with hemp production and how it impacts the use of marijuana. |
|
360 |
Lujan |
Replies, not that he knows of. |
|
365 |
John English |
Director, For Our Children’s Children. Submits and highlights written testimony in opposition to SB 294 (EXHIBIT I). |
|
TAPE 74, A |
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|
007 |
Chair Ringo |
Recesses public hearing on SB 294 and re-opens work session on SB 887. |
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SB 887 –WORK SESSION |
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|
008 |
Chair Ringo |
MOTION: Moves to SUSPEND the rules for the purpose of reconsidering SB 887. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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009 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
010 |
Chair Ringo |
MOTION: Moves to RECONSIDER the vote by which SB 887 was sent to the floor with a "DO PASS AS AMENDED" recommendation. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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011 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
012 |
Chair Ringo |
Explains the -5 amendments. |
|
020 |
Sen. Burdick |
Asks if the -5 amendments replace the -3 amendments. |
|
021 |
Chair Ringo |
Replies yes. |
|
|
Chair Ringo |
MOTION: Moves to ADOPT SB 887-5 amendments dated 04/06/05. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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023 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
025 |
Chair Ringo |
MOTION: Moves SB 887 to the floor with a DO PASS AS AMENDED recommendation. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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026 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
027 |
Chair Ringo |
Closes work session on SB 887 and re-opens public hearing on SB 294. |
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SB 294 – PUBLIC HEARING |
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|
035 |
Michael van Kleek |
Citizen. Testifies in support of SB 294. |
|
060 |
Chris Rich |
Citizen. Testifies in support of SB 294. Submits informational packet (EXHIBIT J). Submits book titled The Emperor Wears No Clothes (EXHIBIT K). |
|
080 |
Chris Rich |
Makes comment on testimony of Joel Lujan. |
|
087 |
Chuck Fall |
Project Hemp. Testifies in support of SB 294. Submits written testimony (EXHIBIT FF). |
|
109 |
Chair Ringo |
Makes comment on witness’ testimony. |
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The following prepared testimony is submitted for the record without public testimony: |
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|
|
Dan Hilburn |
Oregon Department of Agriculture. Submits written testimony on SB 294 (EXHIBIT L). |
|
110 |
Chair Ringo |
Closes public hearing on SB 294 and opens public hearing on SB 1037. |
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SB 1037 – PUBLIC HEARING |
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|
111 |
Chair Ringo |
Makes opening comments on SB 1037 and Measure 37. |
|
145 |
Chris Crean |
Committee Counsel. Submits and highlights overview of SB 1037 (EXHIBIT M). |
|
209 |
Chair Ringo |
Asks Chris Crean to give a brief overview of SB 1037-1 amendments. |
|
210 |
Crean |
States that he thinks the -1 amendments are being circulated. |
|
211 |
Chair Ringo |
Remarks that SB 1037 is available through distribution and that the -1 amendments are available at the following website www.oregonsenate.com. |
|
215 |
Crean |
States that the -1 amendments are in draft form and that they have been submitted to Legislative Counsel. Submits and discusses overview of SB 1037-1 amendments (EXHIBIT N). |
|
293 |
Chair Ringo |
Makes comment. |
|
295 |
Crean |
Responds. Continues overview of SB 1037-1 amendments. |
|
325 |
Chair Ringo |
Makes comment on the -1 amendments. |
|
330 |
Lane Shetterly |
Director, Department of Land Conservation and Development (DLCD) and represents the Governor’s office. States that he has not had an opportunity to read the -1 amendments. Discusses SB 1037 and Measure 37. |
|
385 |
Katy Coba |
Director, Oregon Department of Agriculture. Submits and highlights written testimony (EXHIBIT O). |
|
TAPE 73, B |
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|
035 |
Bob Stacey |
1000 Friends of Oregon. Submits proposed conceptual amendments to SB 1037 (EXHIBIT P) and a section by section summary of SB 1037 replacement language (EXHIBIT Q). States that 1000 Friends of Oregon does not support the approach taken by Chris Crean. Hopes that the committee will find a compensation mechanism. |
|
079 |
Chair Ringo |
States that the compensation mechanism does need to be a critical part of SB 1037. Discusses an email received today about Measure 37 and compensation. |
|
095 |
Robert P. Latham |
Resident, Silver Lake. Submits written testimony (EXHIBIT R). Discusses compensation of Measure 37. Testifies in opposition to SB 1037. |
|
120 |
Chair Ringo |
Remarks that there are summaries available on the website mentioned earlier and in the back of the room. |
|
127 |
Sen. Atkinson |
Thanks witness for driving all the way from Lake County. |
|
138 |
Rich Holcomb |
Rancher, Douglas County. Discusses farming operation. Discusses concerns with effects of Measure 37. |
|
172 |
Chair Ringo |
Asks if anyone has filed a Measure 37 claim. |
|
173 |
Holcomb |
Replies not yet. |
|
174 |
Chair Ringo |
Asks if there would be multiple subdivisions. |
|
175 |
Holcomb |
Explains. |
|
176 |
Chair Ringo |
Asks if those are vacation homes. |
|
177 |
Holcomb |
Replies yes and explains. Continues discussion of Measure 37. |
|
216 |
Chair Ringo |
Comments on Measure 37 and SB 1037. |
|
235 |
Holcomb |
Points out that cattle and hay can be raised on non high value farmland. |
|
237 |
Chair Ringo |
States that is an excellent point and gives another example. Appreciates witness’ testimony. |
|
244 |
Lynn Miller |
Small Farmer’s Journal. Applauds the intent of SB 1037 and explains concerns with SB 1037. |
|
259 |
Chair Ringo |
Asks where Geneva is. |
|
260 |
Miller |
States that he lives between Madras and Sisters. |
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261 |
Miller |
Continues detailing concerns with SB 1037. |
|
297 |
Tygh Redfield |
Resident, Deschutes County. Gives background information on his farm. States that there have been three (3) Measure 37 claims filed in Deschutes County within one mile of his farm. Discusses compensation mechanism. Discusses land zoning and waivers. |
|
365 |
Redfield |
Asks question about water rights on high value farmland. |
|
366 |
Chair Ringo |
Responds. |
|
367 |
Redfield |
Makes comment. |
|
370 |
Chair Ringo |
Discusses compensation in regards to the state budget. Mentions proposed moratorium. |
|
387 |
Redfield |
Asks what would happen to the six (6) month filing deadline if a compensation mechanism is put into place. |
|
391 |
Chair Ringo |
States that it is a work in progress. |
|
400 |
Harlan Levy |
Senior Staff Attorney, Oregon Association of Realtors. States that he has not yet reviewed the -1 amendments. |
|
410 |
Chair Ringo |
States that they are available on the website mentioned earlier. |
|
412 |
Levy |
Makes comments about tract of record. Refers to Page 1, line 7 of SB 1037. |
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TAPE 74, B |
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|
011 |
Levy |
Discusses date of ownership requirement and makes suggestion. |
|
018 |
Levy |
Discusses transferability. Refers to Page 3, line 20 of SB 1037. |
|
024 |
Chair Ringo |
States that his intention is to clarify the issue of transferability. |
|
028 |
Levy |
Discusses opinion on why Measure 37 passed. |
|
033 |
Chair Ringo |
Asks if he believes that Measure 37 was not about compensation. |
|
034 |
Levy |
Responds. |
|
045 |
Dave Weil |
Farmer, Dundee. Explains that there is a claim for a subdivision near their operation. Discusses water issues. Discusses compensation. |
|
075 |
Mary Weil |
Farmer, Dundee. Discusses waivers. Believes that the legislature is bound by the law to find a way to provide compensation. Acknowledges that there is no money for compensation. |
|
099 |
Chair Ringo |
Appreciates witness’ testimony. |
|
110 |
Sarah Deumling |
Resident and forester, Rickreall. Submits and highlights written testimony on SB 1037 (EXHIBIT S). |
|
187 |
Jim Arterberry Maresh |
Farmer, Yamhill County. Discusses his farm operation. Mentions development in the Dundee hills. Discusses Measure 37. |
|
199 |
Tawny Paul |
Farmer, Yamhill County. States that her family farm, along with all family farms across the state, are in jeopardy because of Measure 37. Discusses waivers and a claim made in Yamhill County. Discusses developments next to farms. |
|
230 |
Richard Blaine |
Farmer, Hood River County, Wasco County and Klickitat County. Discusses orchards in Hood River. Discusses concerns with waivers and their effect on orchards and packing houses. |
|
285 |
Sydney Blaine |
Farmer, Hood River County, Wasco County and Klickitat County. Discusses concerns with tract of record. Hopes committee can explore compensation mechanisms. |
|
310 |
Roz Shirack |
Resident, Marion County. Supports land use planning system. Asks committee not to erode the protections and abilities of the land use planning system to do its job and protect land in Oregon. Discusses concerns with waivers. Asks committee to support compensation. |
|
365 |
Jim Wood |
Rancher, Crook County. Gives background information on himself and his ranching operation. Discusses concerns with income standards, waivers and lack of compensation mechanism. Discusses use of non-resource land. Discusses soil classification. |
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TAPE 75, A |
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|
010 |
Wood |
Discusses economic value of non-resource lands. Asks about roll-up of 1985-1994 income tax standards. Discusses concerns with waivers. States that there needs to be a mechanism for compensation. Discusses filing Measure 37 claims. Discusses guest ranches. Thanks committee for trying to fix Measure 37. Invites committee to Crook County. |
|
060 |
Chair Ringo |
Asks if it is worse to pass SB 1037 or to leave Measure 37 as it is. |
|
063 |
Wood |
Replies that is a tough decision. |
|
064 |
Chair Ringo |
States that this is the choice that needs to be made. |
|
065 |
Wood |
Believes that SB 1037 is a start. |
|
073 |
Chair Ringo |
Asks if it is better to do nothing. |
|
075 |
Wood |
Responds. |
|
090 |
Sen. Beyer |
Remarks on text of Measure 37 and compensation. Discusses right to farm and right to forest laws. States that he must leave and apologizes to those who are signed up to testify. |
|
110 |
Chair Ringo |
Makes comment. |
|
115 |
John Hedges |
Property Owners, Clackamas County. Accompanied by Amanda Hedges. Submits and highlights written testimony in support of SB 1037 (EXHIBIT T). |
|
175 |
Scott Ashcom |
Oregon Agriculture Association. Submits and explains testimony and conceptual amendments in support of SB 1037 (EXHIBIT U). |
|
215 |
Gary Conkling |
Oregon Winegrowers Association. Submits and reads written testimony on SB 1037 (EXHIBIT V). |
|
250 |
Mona Linstromberg |
Resident, Lane County and Neighbors 4 Responsible Growth. Makes comment on previous testimony regarding farm and forest deferral. |
|
255 |
Chair Ringo |
Says that is a top priority for the committee. |
|
256 |
Linstromberg |
Discusses Measure 37 claims and Measure 37. |
|
275 |
Chair Ringo |
Makes comment. |
|
285 |
Marilyn Reeves |
Resident, Amity and member of the Groundwater Advisory Committee, Water Resources Administration. Discusses linkage between water usage and land use. Urges committee to consider groundwater interface. Supports tract of record. |
|
323 |
Henry Reeves |
Resident, Yamhill County. Discusses Measure 37 claim intent of a neighbor. Discusses loopholes in the lot of record provision. States that development is a one way process. |
|
355 |
Mickey Killingsworth |
Resident and farmer, Jefferson County. Submits and reads written testimony in opposition to SB 1037 (EXHIBIT W). |
|
406 |
Chair Ringo |
Asks about statement made by witness. |
|
407 |
Killingsworth |
Explains analysis done. |
|
411 |
Chair Ringo |
States that he would be interested to see that analysis. |
|
412 |
Killingsworth |
Replies. |
|
413 |
Chair Ringo |
States that he wonders what the state will look like if nothing is done. |
|
422 |
Killingsworth |
Offers to bring the analysis in to the committee. |
|
423 |
Chair Ringo |
Replies. |
|
424 |
Killingsworth |
Continues reading submitted testimony. |
|
TAPE 76, A |
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|
010 |
Killingsworth |
Acknowledges that the issue of compensation is a work in progress. States that all those that she knows that voted for Measure 37 voted for compensation. |
|
018 |
Chair Ringo |
Comments on compensation and waivers. |
|
035 |
James Parker |
Resident, Yamhill County. Gives background information on area of residence. Discusses Measure 37 claims. |
|
054 |
Chair Ringo |
Asks how many acres. |
|
055 |
Parker |
Replies 320. |
|
056 |
Parker |
Discusses concerns. Addresses Sen. Beyer’s earlier comment using an illustration. |
|
093 |
Chair Ringo |
Verifies that the 320 acre claim mentioned by witness was on high value soil. |
|
095 |
Parker |
Replies yes. |
|
096 |
Chair Ringo |
Points out that, under the -1 amendments, the mentioned claim would not go forward. |
|
103 |
Liz Frenkel |
League of Women Voters of Oregon. Submits and highlights written testimony (EXHIBIT X). |
|
126 |
Chair Ringo |
Discusses transferability. |
|
133 |
Frenkel |
Makes comment. |
|
134 |
Chair Ringo |
Makes comment. |
|
135 |
Don Schellenberg |
Oregon Farm Bureau (OFB). Submits and highlights written testimony in neutrality to SB 1037 (EXHIBIT Y). |
|
150 |
Chair Ringo |
States that position is of no use to the committee. |
|
151 |
Schellenberg |
Responds. |
|
156 |
Chair Ringo |
States that the OFB has 9,000 members. Asks how many members are willing to contact their state Representatives and state Senators to advocate for compensation by a tax increase. |
|
158 |
Schellenberg |
States that he has no way of knowing that. |
|
159 |
Chair Ringo |
Asks if witness has asked them to do that. |
|
160 |
Schellenberg |
Responds. |
|
163 |
Chair Ringo |
Discusses tax increase. |
|
170 |
Schellenberg |
Continues highlighting submitted testimony. |
|
183 |
Chair Ringo |
Asks if witness has specific suggestions on how to strengthen right to farm laws. |
|
184 |
Schellenberg |
Replies yes and gives reference in testimony. |
|
185 |
Schellenberg |
Continues highlighting submitted testimony. |
|
206 |
Peter Kenagy |
Farmer, Benton County. Discusses SB 1037. |
|
225 |
Chair Ringo |
Believes that the mentioned dwellings are going in anyway under Measure 37. |
|
226 |
Kenagy |
Responds. Continues testimony on SB 1037. |
|
258 |
Chair Ringo |
Makes comment on witness’ testimony. |
|
260 |
Kenagy |
Discusses compensation. |
|
268 |
Chair Ringo |
Discusses Measure 11 and the initiative system. |
|
275 |
Ted Lorensen |
Assistant State Forester, Oregon Department of Forestry. Submits informational packet (EXHIBIT Z). Highlights written testimony included in submitted informational packet. |
|
350 |
Chair Ringo |
Asks witness to provide analysis to Chris Crean. Points out that there is not language to deal with mixed farm and forest land. |
|
360 |
Jessica Hamilton |
Legislative Affairs Director, Oregon League of Conservation Voters. States that she is here on behalf of the Oregon Conservation Network. Discusses SB 1037. Reads sentence from testimony submitted by the Tillamook County Creamery Association (EXHIBIT AA). |
|
405 |
Chair Ringo |
Wants the record to reflect that his statement “let’s tax ice cream” was a joke. |
|
408 |
Jeremy Wright |
Oregon State Public Interest Research Group. Expresses concerns with waivers. |
|
430 |
Chair Ringo |
Remarks on compensation mechanism. |
|
The following prepared testimony is submitted for the record without public testimony: |
||
|
|
Shawn Reiersgaard |
Director of Environmental and Political Affairs, Tillamook County Creamery Association. Submits written testimony in opposition to SB 1037 (EXHIBIT AA). |
|
|
Wendy Siporen |
Executive Director, The Rogue Initiative for a Vital Economy (THRIVE). Submits written testimony on SB 1037 (EXHIBIT BB). |
|
|
Ilsa Perse |
Resident, Carlton. Submits written testimony on SB 1037 (EXHIBIT CC). |
|
|
Marcus Simantel |
City Club of Portland. Submits informational packet on SB 1037 (EXHIBIT DD). |
|
|
Michael Selvaggio |
Legislative Assistant, Sen. Charlie Ringo’s office. Submits written testimony on SB 1037 (EXHIBIT EE). |
|
439 |
Chair Ringo |
Closes public hearing on SB 1037 and adjourns meeting at 5:54 p.m. |
EXHIBIT SUMMARY
A. SB 887, -5 amendments, Sen. Ryan Deckert, 6 pp
B. SB 294, informational packet, Candi Penn, 42 pp
C. SB 294, -1 amendments, Sen. Floyd Prozanski, 1 p
D. SB 294, -2 amendments, Sen. Floyd Prozanski, 1 p
E. SB 294, informational packet, Carolyn Moran, oversized
F. SB 294, written testimony of Gerry Shapiro, Sen. Floyd Prozanski, 1 p
G. SB 294, written testimony, Patrick Goggin, 4 pp
H. SB 294, informational packet, Joel Lujan, 138 pp
I. SB 294, written testimony, John English, 2 pp
J. SB 294, informational packet, Chris Rich, 15 pp
K. SB 294, book, Chris Rich, oversized
L. SB 294, written testimony, Dan Hilburn, 1 p
M. SB 1037, overview, Staff, 4 pp
N. SB 1037, -1 amendments, Staff, 2 pp
O. SB 1037, written testimony, Katy Coba, 2 pp
P. SB 1037, conceptual amendments, Bob Stacey, 8 pp
Q. SB 1037, summary, Bob Stacey, 3 pp
R. SB 1037, written testimony, Robert P. Latham, 1 p
S. SB 1037, written testimony, Sarah Deumling, 2 pp
T. SB 1037, written testimony, John Hedges, 4 pp
U. SB 1037, written testimony, Scott Ashcom, 7 pp
V. SB 1037, written testimony, Gary Conkling, 1 p
W. SB 1037, written testimony, Mickey Killingsworth, 1 p
X. SB 1037, written testimony, Liz Frenkel, 1 p
Y. SB 1037, written testimony, Don Schellenberg, 3 pp
Z. SB 1037, informational packet, Ted Lorensen, 52 pp
AA. SB 1037, written testimony, Shawn Reiersgaard, 1 p
BB. SB 1037, written testimony, Wendy Siporen, 1 p
CC. SB 1037, written testimony, Ilsa Perse, 1 p
DD.SB 1037, informational packet, Marcus Simantel, 41 pp
EE.SB 1037, written testimony, Michael Selvaggio, 1 p
The following exhibits are listed out of order in the body of the tape log:
FF. SB 294, written testimony, Chuck Fall, 2 pp