SENATE COMMITTEE ON GENERAL GOVERNMENT
March 01, 2005 Hearing Room B
3:10 P.M. Tapes 24 - 25
MEMBERS PRESENT: Sen. Frank Shields, Chair
Sen. Gary George, Vice-Chair
Sen. Bruce Starr
Sen. Joanne Verger
Sen. Vicki Walker
STAFF PRESENT: Judith Callens, Committee Administrator
Gary Roulier, Committee Assistant
MEASURES/ISSUES HEARD:
SB 357 – Public Hearing
SB 589 – Public Hearing
HB 2055 – Public Hearing and Work Session
HB 2214 – Public Hearing
SB 191 – 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 24, A |
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|
003 |
Chair Shields |
Opens the meeting at 3:11 p.m. and opens a public hearing on SB 357. |
|
SB 357 – PUBLIC HEARING |
||
|
010 |
Judith Callens |
Administrator. Explains the provisions of the bill. |
|
019 |
Hans Bernard |
Senate Majority Office. Presents a letter of support from Sen. Kate Brown (EXHIBIT A) and testifies in support of SB 357. |
|
034 |
Rep. Diane Rosenbaum |
House District 42. Presents written testimony (EXHIBIT B) and testifies in support of SB 357. Notes that the current requirement for 30-day notification creates difficulties for neighborhood associations as they usually only meet once a month. |
|
062 |
Chair Shields |
Asks if the same concern about notification is reflected broadly across Portland and other cities. |
|
072 |
Rep. Rosenbaum |
Responds that she is sure that the concerns are shared across Portland. |
|
079 |
Bill Perry |
Oregon Restaurant Association. Testifies that the association is neutral on SB 357 but expresses the importance of having the ability to issue temporary licenses so that businesses can open on a timely basis. |
|
111 |
Sen. George |
Asks if there is a concern that neighborhood associations would negotiate some sort of concessions from a business owner. |
|
127 |
Perry |
Answers that the associations and owners usually work out their differences. |
|
134 |
John Fyre |
Sellwood/Moreland Improvement League. Testifies in support of SB 357. Notes that the increased notification time would result in the formulation of good neighbor agreements rather than adversarial negotiations. |
|
168 |
Fyre |
Relates examples where they have worked out good neighbor agreements. |
|
183 |
Celeste Carey |
Crime Prevention Program Coordinator, Portland Office of Neighborhood Involvement. Testifies in support of SB 357. |
|
210 |
Carey |
Reviews concerns related to “alcohol impact areas.” |
|
223 |
Kimberly Mark-Villela |
Liquor Licensing Notification Program Coordinator, City of Portland. Presents an information packet containing a letter of support from Susan Lindsay, Chair, Buckman Community Association, a copy of an e-mail from Sam Doane, Concordia Neighborhood Association, and a packet on local crime prevention from Mary Ann Schwab, Southeast Uplift Board, all in support of SB 357 (EXHIBIT C) and testifies in support of SB 357. Notes that it is difficult to meet the current timelines due to staffing shortages. |
|
250 |
Chair Shields |
Asks if several of the licensing processes can run concurrently. |
|
256 |
Mark-Villela |
Responds that while some of the requirements are concurrent, and some are not. |
|
261 |
Chair Shields |
Asks how the original 45 day requirement was arrived at. |
|
263 |
Mark-Villela |
Responds that they had asked for 60 days. |
|
270 |
Chair Shields |
Asks again if this is a topic of interest to the entire city. |
|
280 |
Mark-Villela |
Answers that the desire for the change of the notification time is broad- based. |
|
289 |
Chair Shields |
Asks for Oregon Liquor Control Commission (OLCC) input in the notification process. |
|
293 |
Teresa Kaiser |
Executive Director, OLCC. Notes that many businesses would be better served by a more prompt issuance of liquor licenses. |
|
313 |
Sen. B. Starr |
Asks if the 45-day notification in the bill could be “folded in” to other requirements for licensing. |
|
349 |
John Stubenvoll |
Communications Director, OLCC. Answers that the intent is to make sure that the neighborhood associations have adequate time to review the process. |
|
372 |
Sen. B. Starr |
Asks if the additional 15 days on the first section of the bill would cover the requested additional notification time. |
|
397 |
Kaiser |
States that they issue notification to cities to allow sufficient time for review of license renewals. Adds they have the ability to issue temporary licenses on new applications. |
|
404 |
Bernard |
Comments that the additional 15 days is designed to allow the city issuing the license to take the findings of the neighborhood association under consideration. |
|
434 |
Sen. B. Starr |
Notes that the additional 30 total days is not contained within the statute. |
|
TAPE 25, A |
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|
003 |
Bernard |
Responds that this bill would add a statutory clarification to the notification requirements. |
|
010 |
Sen. George |
Wants assurance that there will not be a 75-day waiting period for renewals. |
|
015 |
Kaiser |
Answers that they would issue the documentation enough in advance to have it completed in time. |
|
|
Linda Nettekoven |
Southeast Portland. Submits a letter in support of SB 357 (EXHIBIT D) |
|
019 |
Chair Shields |
Closes the public hearing on SB 357 and opens a public hearing on SB 589. |
|
SB 589 – PUBLIC HEARING |
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|
023 |
Callens |
Explains the provisions of the bill. |
|
044 |
Rep. Rosenbaum |
Presents written testimony (EXHIBIT E) and testifies in support of SB 589. |
|
091 |
Chair Shields |
Reviews action on a similar bill during the 2001 session. |
|
106 |
Callens |
Notes that additional information put the fiscal impact over the $50,000 threshold. |
|
123 |
Sen. B. Starr |
Asks if the store owners would be charged for the training. |
|
127 |
Rep. Rosenbaum |
Answers that the training would be at no charge. |
|
131 |
Sen. Walker |
Gives examples of employees fired for selling alcohol to a minor. |
|
140 |
Steve Lanning |
Political Director, Oregon AFL-CIO. Presents written testimony (EXHIBIT F) and testifies in support of SB 589. |
|
181 |
Steve Konopa |
United Food and Commercial Workers. Presents an information packet consisting of a course outline entitled “Tobacco and Alcohol Management” (EXHIBIT G) and testifies in support of SB 589. |
|
217 |
Chair Shields |
Asks for an explanation of the term “mandate.” |
|
227 |
Lanning |
Answers with an explanation of the modifications to the bill in the 2001 session. |
|
237 |
Bill Linden |
7-11 Stores. Testifies in opposition to SB 589. Notes that the bill is not consistent with the Responsible Vendor Program. |
|
270 |
Linden |
Comments that the bill interferes with an employer’s ability to take disciplinary action against an employee who sells alcohol to a minor. |
|
300 |
Richard Kosesan |
Oregon Neighborhood Store Association. Testifies in opposition to SB 589. Also points out that the bill is not consistent with the intent of the Responsible Vendor Program. |
|
341 |
Chair Shields |
Asks what has changed from the 2001 session. |
|
370 |
Linden |
Answers that the zero tolerance standard has become more accepted and entrenched. |
|
390 |
Sen. B. Starr |
Asks about liability issues. |
|
394 |
Linden |
Responds that there is liability on two levels. The first is with OLCC and the possible suspension of the license. The second level is associated with selling alcohol to a minor who is later involved in an accident. |
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TAPE 24, B |
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|
012 |
Sen. George |
Asks about the issue of employer discipline and whether the bill would put an employer in “harms way.” |
|
021 |
Kosesan |
Answers that is one of the major concerns with the bill in that it ties the hands of the employer. |
|
039 |
Chair Shields |
Closes the public hearing on SB 589 and opens a public hearing on HB 2055. |
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HB 2055 – PUBLIC HEARING |
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|
045 |
Callens |
Explains the provisions of the bill. |
|
058 |
Stubenvoll |
Presents written testimony (EXHIBIT H) and testifies in support of HB 2055. |
|
071 |
Chair Shields |
Closes the public hearing and opens a work session on HB 2055. |
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HB 2055 – WORK SESSION |
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|
077 |
Sen. B. Starr |
MOTION: Moves HB 2055 to the floor with a DO PASS recommendation. |
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|
|
VOTE: 4-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Verger |
|
|
Chair Shields |
The motion CARRIES. SEN. GEORGE will lead discussion on the floor. |
|
081 |
Chair Shields |
Closes the work session and opens a public hearing on HB 2214. |
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HB 2214 – PUBLIC HEARING |
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|
091 |
Callens |
Explains the provisions of the bill. |
|
100 |
Dana Anderson |
Assistant Attorney General, Business Transactions Section, Oregon Department of Justice. Presents written testimony (EXHIBIT I) and testifies in support of HB 2214. |
|
154 |
Sen. George |
Asks if the Department of Administrative Services (DAS) has the statutory authority to allow non-profits acting as qualified rehabilitation facilities to enter into cooperative procurement contracts or agreements. |
|
163 |
Dugan Petty |
Deputy Administrator, State Services Division, DAS. Responds that section of the law is not affected by this bill. |
|
191 |
Chair Shields |
Asks if this means that we are not discussing the types of issues usually brought to the legislature by the Fair Competition Alliance. |
|
196 |
Petty |
States that he probably would not agree with that assessment. |
|
213 |
Jessica Harris Adamson |
Associated General Contractors. Testifies in support of HB 2214. |
|
242 |
Petty |
Presents written testimony (EXHIBIT J) and testifies in support of HB 2214. |
|
274 |
Sandra Bishop |
Government Relations, Fair Competition Alliance. Presents written testimony (EXHIBIT K) and testifies that the alliance is neutral on HB 2214. |
|
327 |
Bishop |
Discusses concerns with the state mailing contract. |
|
363 |
Tim Krall |
Executive Director, Oregon Rehabilitation Association. Testifies that they are neutral on HB 2214. |
|
399 |
Krall |
Reviews the types of contracts held by organizations serving people with disabilities. |
|
413 |
Sen. George |
Stresses that it is imperative that the program remain as intended. |
|
423 |
Krall |
Responds that safeguards are in place and Oregon’s laws have the strongest checkpoints of any state. |
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TAPE 25, B |
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|
005 |
Stephen Kafoury |
Johnson Controls. Testifies in opposition to HB 2214. |
|
|
Dan Gardner |
Submits written testimony (EXHIBIT L) explaining provisions of the bill and suggesting amendments to HB 2214. |
|
015 |
Chair Shields |
Closes the public hearing on HB 2214 and opens a public hearing on SB 191. |
|
SB 191 – PUBLIC HEARING |
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|
020 |
Mike Carrier |
Natural Policy Advisor, Governor’s Office. Presents written testimony (EXHIBIT M) and testifies in support of SB 191. |
|
052 |
Chair Shields |
Asks for clarification on the duties of the Sustainability Board. |
|
059 |
Carrier |
Explains the duties of the board. |
|
071 |
Chair Shields |
Asks if the purpose is to get agencies into a “sustainable” culture. |
|
080 |
Carrier |
Responds that is correct and adds that they want all entities to conserve resources. |
|
100 |
Sen. George |
Asks if he has examples of those businesses that are wasting resources. |
|
105 |
Carrier |
Answers that the purpose is to determine if businesses are doing business in a way that will sustain employment in the long term. |
|
124 |
Chair Shields |
Reviews sustainability issues in the forest products industry. |
|
135 |
Sen. George |
Expresses a concern that a focus on sustainability could result in negative growth. |
|
150 |
Carrier |
Answers that is not the intent. |
|
160 |
Chair Shields |
Closes the public hearing and opens a work session on SB 191. |
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SB 191 – WORK SESSION |
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|
172 |
Sen. Walker |
MOTION: Moves SB 191 to the floor with a DO PASS recommendation. |
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|
|
VOTE: 4-1-0 AYE: 4 - Starr B., Verger, Walker, Shields NAY: 1 - George |
|
|
Chair Shields |
The motion CARRIES. SEN. SHIELDS will lead discussion on the floor. |
|
185 |
Chair Shields |
Closes the work session on SB 191 and adjourns the meeting at 4:51 p.m. |
EXHIBIT SUMMARY