SENATE COMMITTEE ON GENERAL GOVERNMENT

 

 

April 14, 2005                                                                                                         Hearing Room B

3:10 P.M                                                                                                                     Tapes   61 - 62

 

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Gary George, Vice-Chair

Sen. Joanne Verger

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. B. Starr

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 563 – Public Hearing and Work Session

                                                SB 363 – Public Hearing and Work Session

                                                SB 477 – Work Session

                                                SB 929 – Work Session

                                                SB 4 – Work Session

                                                SB 5 – 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 61, A

005

Chair Shields

Calls the meeting to order at 3:20 p.m. Opens a public hearing on      SB 563.

SB 563 – PUBLIC HEARING

005

Judith Callens

Committee Administrator. Explains the provisions of SB 563 and the -1 amendments (EXHIBIT A) which replace the original bill.

016

Sen. Roger Beyer

Senate District 9. States that the League of Oregon Cities is in agreement with the amendments. Displays the contract that the Realtors Association uses regarding the seller’s responsibility for utilities bills.

043

Willie Tiffany

League of Oregon Cities (LOC). Affirms agreement with the amendments.

054

Chair Shields

Closes the public hearing on SB 563 and opens the work session on    SB 563.

SB 563 – WORK SESSION

055

Sen. George

MOTION:  Moves to ADOPT SB 563-1 amendments dated 4/5/05.

058

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

061

Sen. George

MOTION:  Moves SB 563 to the floor with a DO PASS AS AMENDED recommendation.

061

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

066

Chair Shields

Closes the work session on SB 563. Announces that SB 471 and        SB 556 will not be heard today. Opens the public hearing on SB 363.

SB 363 – PUBLIC HEARING

077

Judith Callens

Committee Administrator. Reviews the provisions of SB 363 and the -1 amendments (EXHIBIT B).

091

Bill Perry

Oregon Restaurant Association. Explains that SB 363 addresses background checks on cases where a loan was made but there is no operations/ownership interest in the business.

118

Sen. Verger

Comments they would have to go before the commission.

121

Perry

Responds there is a requirement to inform about anyone with a financial interest in the business but the commission would determine when to waive disclosure requirements.

133

Brian Doherty

Western State Petroleum Association. States this is a request for the director and the commission to have discretion in regard to criminal background checks. Refers to the correspondence from Director Dale Penn in support of the -1 amendments (EXHIBIT C).

180

Chair Shields

Closes the public hearing on SB 363 and opens the work session on   SB 363.

SB 363 – WORK SESSION

182

Sen. George

MOTION:  Moves to ADOPT SB 363-1 amendments dated 3/14/05.

188

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

190

Sen. George

MOTION:  Moves SB 363 to the floor with a DO PASS AS AMENDED recommendation.

195

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

209

Chair Shields

Closes the work session on SB 363 and opens the work session on     SB 477.

SB 477 – WORK SESSION

211

Judith Callens

Committee Administrator. Explains the provisions of SB 477 and the -1 amendments (EXHIBIT D).

252

Sen. George

MOTION:  Moves to ADOPT SB 477-1 amendments dated 4/8/05.

260

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

264

Sen. George

MOTION:  Moves SB 477 to the floor with a DO PASS AS AMENDED recommendation.

264

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

264

Chair Shields

Closes the work session on SB 477 and opens the work session on     SB 929.

SB 929 – WORK SESSION

279

Judith Callens

Committee Administrator. Reviews the provisions of SB 929. Reviews the -5 amendments (EXHIBIT F) and the -6 amendments         (EXHIBIT G).  Notes that the bill has a subsequent referral to the Committee on Ways and Means.

400

Chair Shields

Recalls discussions about removing the subsequent referral.

413

Sen. Walker

States that according to the racing commission in a letter form Mr. Nelson the bill must be on its way to the Governor or employees will be laid off.

434

Chair Shields

Asks how many people would be laid off.

409

Dave Nelson

Magna Entertainment. Explains that all employees associated with the 18 off track operations would be laid off; approximately 100 employees. 

TAPE 62, A

010

Nelson

States there have been conversations and the basic issue is economic. Reviews that SB 929 was an effort to continue horse racing in Oregon. States the intention of the bill. Explains that the -5, -6 and expected -7 amendments delete the protections in SB 929, Section 1. Explains the only difference remaining is the current status quo of a seven month limitation.

052

Paul Romaine

Attorney representing Oregon Greyhound Association. Explains they did not participate in the negotiations two years ago. Summarizes that the bill would allow Magna year-round simulcasting as long is there is no greyhound racing which would be a year or two. Recommends the   -6 amendments and would go with the proposed -7 amendments noting the only difference is 10 months versus 350 days.

102

Sen. Verger

Asks if Portland Meadows is for sale.

124

Romaine

Shakes his head no.

128

Sen. Verger

States there is no dog track, asks why have this conversation.

130

Romaine

States that Portland Meadows has had discussions with the Grand Ronde tribe regarding the proposed casino in La Center Washington.

139

Sen. George

States there is a need for economic development and some have a vision of this being the “Kentucky” of the West Coast. If Magna phases out dog racing they should be able to stay in Oregon to solicit for an investor. Asks how both operations can be preserved.  

171

Nelson

Responds it is economics and the odds of someone coming into the state and investing in a greyhound facility is unknown. There may be a way to combine it with NASCAR.  The -6 or -7 amendments preserve the opportunity.

213

Romaine

States this is about having one industry that can be economically viable. Magna has invested $28 million in the state and has concluded that both cannot be viable.

239

Nelson

Comments the same argument could be said of expanding horse racing.

248

Chair Shields

Asks what is economically viable.

268

Jody Hanson

Executive Director Oregon Racing Commission. Responds that in discussions with Chair Walters, the -6 amendments would be an economic enhancement. The commission would not approve an application without protection mechanisms in place for the dogs. Without year round simulcasting the industry is dead, the greyhound simulcasting is about 20%.

280

Chair Shields

Asks about the issue of restraint of trade in the un-amended SB 929 and does the -5, -6 or -7amendments addresses the issue.

317

Hanson

Responds that in discussions with Chair Walter, and the -7 amendments being unknown at the time, the -6 amendments appear to do the best job of addressing restraint of trade.

344

Sen. George

States the purpose of government is to provide protections. As a state, Oregon should be open for business. Asks is it true that Oregon is a stellar state in regard to caring for these animals.

375

Hanson

Responds absolutely. Oregon is viewed at the top of the chart.

405

Sen. George

Comments that there appears to be compromise on the -6 amendments.

407

Sen. Walker

States support for the -3 or -5 amendments which ban greyhound racing.

421

Sen. Verger

Comments that if it is a matter of equality why tell a business that they cannot go into business here. States the horses have the track and the dogs need someone to build one; it is not equal but would support the   -6 amendments.

TAPE 61, B

465

Sen. George

MOTION:  Moves to ADOPT SB 929-6 amendments dated 4/7/05.

489

Sen. George

States that in two years it will be known whether this provided an opportunity or not.

023

Sara Chieffo

Legislative Assistant to Chair Shields. States it is her impression that Sen. B. Starr would be in favor of the -6 amendments.

052

Sen. Walker

States she cannot support the -6 amendments because of the extension on the greyhound racing.

075

Chair Shields

Inquires how waiting until Tuesday affects the proposed lay offs.

076

Hanson

Responds that the Racing Commission needs a clear indication that the bill can pass in a timely fashion otherwise they are obliged to shut down the off track systems.

088

 

VOTE:  3-1-1

AYE:               3 - George, Verger, Shields

NAY:               1 - Walker

EXCUSED:     1 - Starr B.

 

Chair Shields

The motion CARRIES.

098

Sen. George

MOTION:  Moves SB 929 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the Committee on Ways and Means BE RESCINDED.

109

 

VOTE:  3-1-1

AYE:               3 - George, Verger, Shields

NAY:               1 - Walker

EXCUSED:     1 - Starr B.

 

Chair Shields

The motion CARRIES.

SEN. B. STARR will lead discussion on the floor.

121

Chair Shields

Closes the work session on SB 929 and opens the work session on      SB 4.

SB 4 – WORK SESSION

150

Judith Callens

Committee Administrator. Explains the provisions of SB 4 and the -1 amendments (EXHIBIT H).

194

Sen. George

MOTION:  Moves to ADOPT SB 4-1 amendments dated 4/6/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - B. Starr, Verger

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

208

Sen. George

MOTION:  Moves SB 4 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

207

 

VOTE:  3-0-2

EXCUSED:  2 - B. Starr, Verger

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

 

Chair Shields

Closes the work session on SB 4 and opens the work session on SB 5.

SB 5 – WORK SESSION

210

Judith Callens

Committee Administrator. Reviews the provisions of SB 5 and the -1 amendments (EXHIBIT I).

214

Sen. George

MOTION:  Moves to ADOPT SB 5-1 amendments dated 4/6/05.

216

 

VOTE:  3-0-2

EXCUSED:  2 - B. Starr, Verger

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

219

Sen. George

MOTION:  Moves SB 5 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

219

 

VOTE:  3-0-2

EXCUSED:  2 - B. Starr, Verger

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

210

Chair Shields

Closes the work session on SB 5. Adjourns the meeting at 4:35 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 563, -1 amendments, Senator Roger Beyer, 1 p
  2. SB 363, -1 amendments, staff, 1 p

 

EXHIBIT SUMMARY (Cont’d)

 

  1. SB 363, correspondence, Brian Doherty, 1 p
  2. SB 477, -1 amendments, staff, 1 p
  3. SB 929, Matrix, Paul Romaine, 1 pp
  4. SB 929, -5 amendments, Dave Nelson, 2 pp
  5. SB 929, -6 amendments, Paul Romaine, 2 pp
  6. SB 4, -1 amendments, staff, 6 pp
  7. SB 5, -1 amendments, staff, 6 pp