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

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

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

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.

TAPE 24, B

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.

HB 2055 – PUBLIC HEARING

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.

HB 2055 – WORK SESSION

077

Sen. B. Starr

MOTION:  Moves HB 2055 to the floor with a DO PASS recommendation.

 

 

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.

HB 2214 – PUBLIC HEARING

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.

TAPE 25, B

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

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.

SB 191 – WORK SESSION

172

Sen. Walker

MOTION:  Moves SB 191 to the floor with a DO PASS recommendation.

 

 

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

 

  1. SB 357, written testimony of Sen. Kate Brown, Hans Bernard, 1 pp
  2. SB 357, written testimony, Rep. Diane Rosembaum, 1 pp
  3. SB 357, information packet, Kimberly Mark-Villela, 11 pp
  4. SB 357, written testimony, Linda Nettekoven, 1 pp
  5. SB 589, written testimony, Rep. Diane Rosenbaum, 1 pp
  6. SB 589, written testimony, Steve Lanning, 6 pp
  7. SB 589, information packet, Steve Konopa, 30 pp
  8. HB 2055, written testimony, Jon Stubenvoll, 2 pp
  9. HB 2214, written testimony, Dana Anderson, 4 pp
  10. HB 2214, written testimony, Dugan Petty, 1 pp
  11. HB 2214, written testimony, Sandra Bishop, 2 pp
  12. HB 2214, written testimony, Dan Gardner, 1 pp
  13. SB 191, written testimony, Michael Carrier, 1 pp