SENATE COMMITTEE ON RULES

 

 

May 11, 2005                                                                                                          Hearing Room B

3:00 P.M.                                                                                                                      Tapes 69 - 70

Corrected 10/27/05

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Charlie Ringo

Sen. Frank Shields     

 

 

MEMBERS EXCUSED:         Sen. Jason Atkinson

 

 

STAFF PRESENT:                Tiffany Harris, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:          

HB 2916 – Public Hearing and Work Session

HB 2246 – Public Hearing and Work Session

HB 2260 – Public Hearing and Work Session

HB 2199B – Public Hearing and Work Session

HB 2105A – 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 69, A

005

Chair Brown

Calls the meeting to order at 3:08 p.m.  Opens a public hearing on HB 2916. (Open as a subcommittee with Sen. Brown and Sen. Ringo).

HB 2916 – PUBLIC HEARING

010

Tiffany Harris

Committee Administrator.  Presents an overview of HB 2916.

015

Nan Heim

Representative, Oregon Library Association.  Testifies in support of HB 2916. 

030

Jim Scheppke

State Librarian, Oregon State Library.  Submits and summarizes written testimony in support of HB 2916 (EXHIBIT A).

045

Chair Brown

Closes the public hearing on HB 2916. Opens a work session on HB 2916.

HB 2916 – WORK SESSION

050

Sen. Brown

MOTION:  Moves HB 2916 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

055

Chair Brown

Closes the work session on HB 2916. Opens a public hearing on HB 2246.

HB 2246 – PUBLIC HEARING

060

Tiffany Harris

Committee Administrator. Presents an overview of HB 2246. Submits –1 amendments (EXHIBIT B).

070

Vicki Chamberlain

Director, Teacher Standards and Practices Commission (TSPC). Explains -1 amendments and why TSPC wants to maintain the authority to establish internships for practicum experience.

080

Cindy Hunt

Senior Deputy Legislative Counsel, Legislative Counsel Office.  Testifies in support of HB 2246. Discusses the drafting and purpose of the bill, cites a memo that provided a sectional analysis of the bill.

130

Sen. Ferrioli

Asks what the final vote was when the bill came out of the House.

135

Hunt

Believes that the House vote was unanimous, noting it came to the floor on the consent calendar.

138

Chair Brown

Asks if amongst its duties, the Law Commission is responsible for “cleaning up” statutes. 

140

Hunt

Confirms that the Law Commission does have a process for identifying and cleaning up statutes.

142

Chair Brown

Notes why the relating clause is narrowly crafted.

150

Sen. Ferrioli

Asks if the Oregon Department of Education would cease to be a legal entity if this bill does not pass.

152

Hunt

Explains why the Oregon Department of Education would continue to exist without this bill.

155

Sen. Ferrioli

Asks whether the funds that were expended without appropriation are recoverable.

157

Hunt

Believes that the funds are not recoverable because the statute directs the funds towards a particular program.

165

Chair Brown

Closes the public hearing on HB 2246. Opens a public hearing on HB 2260.

HB 2260 – PUBLIC HEARING

170

Tiffany Harris

Committee Administrator. Presents an overview of HB 2260.

175

Chair Brown

Close the public hearing on HB 2260. Opens a public hearing on HB 2199B.

HB 2199B – PUBLIC HEARING

180

Tiffany Harris

Committee Administrator. Presents an overview of HB 2199B.

190

John Fletcher

Legislative Coordinator, Oregon Housing and Community Services Department (OHCS). Submits and summarizes written testimony in support of HB 2199B (EXHIBIT C).

220

Fletcher

Discusses the provisions of measure and describes change to clarify administration aspects.

240

Chair Brown

Closes the public hearing on HB 2199B. Opens a public hearing on HB 2260.

HB 2260 – PUBLIC HEARING

245

Joan Robinson

Chief Deputy Legislative Counsel, Legislative Counsel Office.  Discusses the formation of the bill and explains why it is a clean up bill that makes no substantive policy changes.

285

Chair Brown

Closes the public hearing on HB 2260. Opens a public hearing on HB 2199B.

HB 2199B – PUBLIC HEARING

288

Dave Barenberg

Legislative Director, League of Oregon Cities.  Testifies in support of HB 2199B. Discusses why the purposed changes to the vertical housing program make the program a more useful economic development tool for cities. 

300

Sen. Ferrioli

Citing language in the bill, asks for assurance that the program will be applicable to a city of any size.

310

John Fletcher

Legislative Coordinator, Oregon Housing and Community Services Department (OHCS). States that the vertical program does not exclude other uses and can be implemented in a city of any size throughout the state.

315

Sen. Ferrioli

Comments on the increase in the utility of the program by removing the retail center restriction.

325

Sen. Ringo

Asks how the program operates and how much are the tax exemptions.

328

Fletcher

Details the criterion that conditions the rate of the property tax exemption.

345

Sen. Ringo

Asks for an estimate of the total amount of property tax revenue lost in Multnomah County do to the property tax exemptions.

348

Barenberg

Points out that since it is a voluntary program, targeted at specific projects, the property tax exemption is not automatic.

355

Sen. Ringo

Citing the Pearl District as an example, stresses the need to consider tax exemptions carefully because the lost property tax revenue is not the only cost to a community.

365

John Wahrgren

Housing & Finance Manager, OHCS. Discusses specific projects in Milwaukie and Portland area. Offers to provide members with a fiscal analysis on the advantages of the partial property taxes that will be paid on the non-producing property in Milwaukie.

390

Sen. Ringo

Asks if vertical housing will develop without property tax incentives.

395

Wahrgren

Explains the difficulties of financing vertical housing projects without property tax exemptions.

405

Sen. Ferrioli

Speaks to the utility of the vertical housing program and the positive impact that the projects bring to a community and surrounding businesses.

TAPE 70, A

015

Fletcher

Acknowledges that there are cities that will not need incentive to attract development, emphasizing the two step participation process.

025

Chair Brown

Notes for the record that METRO supports HB 2199B.

030

Mike Salsgiver

Legislative Affairs Manager, Oregon Economic and Community Development Department (OECDD). Testifies in support of HB 2199B. Stating that OECDD supports moving the vertical housing program to OHCS.

035

Chair Brown

Closes the public hearing on HB 2199B. Opens a public hearing on HB 2105A.

HB 2105A – PUBLIC HEARING

045

Tiffany Harris

Committee Administrator. Presents an overview of HB 2105A. Clarifies that there is a -2 amendment (EXHIBIT D).

050

Jim Markee

Representative, Board of Cosmetology. Testifies in support of HB 2105A. Discusses the different licenses issued by the Board of Cosmetology and minor changes made to the definitions of services provided by licensed estheticians and massage therapists.

100

Susan Wilson

Director, Oregon Health Licensing Office (OHLO). Submits and summarizes written testimony in support of HB 2105A (EXHIBIT E).  Submits informational packet which includes letters of support for HB 2105A from: Association of Oregon Cosmetology Colleges, American Association of Cosmetology Schools, Oregon Board of Chiropractic Examiners, National Interstate Council of State Boards of Cosmetology, National Coalition of Esthetic Associations, and Oregon Department of Education, Private Career Schools (EXHIBIT F).  Submits written letter to Oregon Board of Massage Therapy Executive Director Patty Glen in support of HB 2105A (EXHIBIT G)

135

Markee

Points out that purposed changes to the definition of massage therapist and esthetics are consistent with other states.  

140

Robin McGinnity

Representative, Oregon Board of Massage Therapists (OBMT). Submits and summarizes written testimony that is neutral on HB 2105A (EXHIBIT H).  Discusses why OBMT supports the changes in -2 amendments (EXHIBIT D)

215

Chair Brown

Questions if -2 amendments were presented to the House committee and what the nature of the conversations were with the OHLO regarding issues addressed in -2 amendments.

220

McGinnity

Comments that the OHLO thought that the issues were brought forward too late.

225

Diana Nott

Citizen, Multnomah County. Submits and summarizes written testimony in opposition to HB 2105A (EXHIBIT I)

305

Dr. Jill Stanard

Naturopathic Physician; Director of Education, Oregon School of Massage. Testifies in support of HB 2105A with -2 amendments. Addresses concerns regarding the lack of regulation of estheticians because it is “new territory.”

335

Chair Brown

Questions whether it continues to be common practice for clients to sign a release form prior to receiving massage treatment.

350

Dr. Stanard

States that massage therapist and physical therapists are required to complete a full patient in-take.  

355

Chair Brown

Questions the likelihood that a massage therapist or cosmetologist will engage in an inappropriate relationship with a client or sexually assault a client.

375

Nott

Cites a case in Washington of a massage therapist engaging in inappropriate conduct with clients.

380

Chair Brown

Asks if anyone in Oregon has ever died or been seriously injured as a result of cosmetology treatment or a body-wrap.

385

Nott

Cites a magazine article relating to the dangers of body-wraps.  

395

Chair Brown

Recesses the meeting at 4:04 p.m.

400

Chair Brown

Reconvenes the meeting at 4:08 p.m.

405

Chair Brown

Closes the public hearing on HB 2105A.  Opens a work session on HB 2199B.

HB 2199B – WORK SESSION

410

Sen. Brown

MOTION:  Moves HB 2199B to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

420

Chair Brown

Closes the work session on HB 2199B. Opens a work session on HB 2246.

HB 2246 – WORK SESSION

430

Sen. Brown

MOTION:  Moves to ADOPT HB 2246-1 amendments dated 03/21/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

435

Sen. Brown

MOTION:  Moves HB 2246 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

440

Chair Brown

Closes the work session HB 2246. Opens a work session on HB 2260.

HB 2260 – WORK SESSION

445

Sen. Brown

MOTION:  Moves HB 2260 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

455

Chair Brown

Closes the work session on HB 2260. Opens a public hearing on HB 2105A.

TAPE 69, B

HB 2105A – PUBLIC HEARING

020

Jim Markee

Representative, Board of Cosmetology. Testifies in opposition to -2 amendments. Explains the problems with increasing the restrictions on facial technologists and estheticians.

035

Susan Wilson

Director, Oregon Health Licensing Office (OHLO). Comments on -2 amendments. Addresses concerns relating to the practice of bodywrapping, current safety regulations, and consumer protection measures.    

055

Krista Leonard

Representative, American Massage Therapists Association (AMTA). States that AMTA opposes -2 amendments and would like to see the bill go forward as it currently stands.

065

Sen. Ferrioli

Asks for a list of the boards and professionals represented by OHLO and if OHLO is represented by an Attorney General.

075

Wilson

Confirms that there is an Attorney General that represents OHLO. Lists the boards and professional organizations represented by OHLO. 

085

Chair Brown

Comments on the intrusiveness of getting a tattoo versus a body-wrap and asks what type of training is required to become a licensed tattoo artist.

090

Wilson

Describes licensing requirements for tattoo artists versus tattooists   Comments on inspections done on the practices.

105

Sen. Ferrioli

Verifies that the Oregon Department of Education has already notified schools of need to increase curriculum.

110

Markee

Reiterates that many licenses facial technologists already perform body-wraps and are not regulated.

114

Chair Brown

Closes the public hearing on HB 2105A. Recesses the meeting at 4:19 p.m.

115

Chair Brown

Reconvenes the meeting at 4:19 p.m.

116

Chair Brown

Opens a work session on HB 2105A. 

HB 2105A – WORK SESSION

120

Sen. Brown

MOTION:  Moves HB 2105A to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Atkinson, Ringo

 

Chair Brown

The motion CARRIES.

BROWN will lead discussion on the floor.

130

Chair Brown

Closes the work session on HB 2105A.  Adjourns the meeting at 4:20 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 2916, written testimony, Jim Scheppke, 1 p

B.     HB 2246, -1 amendments, staff, 1 p

C.     HB 2199B, written testimony, John Fletcher, 2 pp

D.    HB 2105A, -2 amendments, staff, 3 pp

E.     HB 2105A, written testimony, Susan Wilson, 2 pp

F.      HB 2105A, informational packet, Susan Wilson, 7 pp

G.    HB 2105A, written letter, Susan Wilson, 4 pp

H.    HB 2105A, written testimony, Robyn McGinnity, 4 pp

I.       HB 2105A, written testimony, Diana Nott, 5 pp