SENATE COMMITTEE ON RULES
June 16, 2005 Hearing Room B
8:30 A.M. Tapes 107 -108
MEMBERS PRESENT: Sen. Kate Brown, Chair
Sen. Ted Ferrioli, Vice-Chair
Sen. Jason Atkinson
Sen. Charlie Ringo
Sen. Frank Shields
STAFF PRESENT: Tiffany Harris, Committee Administrator
Linda K. Gatto, Committee Assistant
MEASURE/ISSUES HEARD:
HB 2754A – Public Hearing and Work Session
Executive Appointments – Public Hearing
Oregon Tourism Commission
Jeffery Jobe
Oregon Watershed Enhancement Board
Jim Nakano
Helen Westbrook
Robert Brunoe
Commission for the Blind
Donald Dartt
Construction Contractors Board
Dennis Schad
State Board of Direct Entry Midwifery
Michele Bouche
Outdoor Youth Program Advisory Board
Robert Cooley
Peter Green
Oregon Patient Safety Commission Board of Directors
Judith Hibbard
Bruce Johnson
George Miller
Board on Public Safety Standards and Training
Harold Burke-Sivers
Robert King
Robert Tardiff
Oregon Transportation Commission
Randall Pape’
HB 3127 – Public Hearing and Work Session
HB 2840A – Public Hearing and Work Session
HB 3415A – Public Hearing and Work Session
Executive Appointment – Public Hearing
Commission for Women
Ellie McPeak
MEASURE/ISSUES HEARD:
HB 2174A – Public Hearing
HB 2537 – 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 107, A |
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004 |
Chair Brown |
Calls the meeting to order at 8:30 a.m. Announces that HB 2389A has been taken off the agenda. Opens the public hearing and work session on HB 2754. |
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HB 2754A- PUBLIC HEARING |
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016 |
Tiffany Harris |
Committee Administrator. Explains the provisions of HB 2754A. |
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019 |
Senator Doug Whitsett |
Senate District 28. Testifies in support of HB 2754A explaining the need to educate allied health care professionals. |
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044 |
Denise Honzel |
Submits and reads prepared testimony in support of HB 2754A (EXHIBIT A). |
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100 |
Rep. Bill Garrard |
House District 56. Testifies in support of HB 2754A and Oregon Institute of Technology (OIT). |
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107 |
Chair Brown |
Announces that Jo Bell has submitted prepared testimony in support of HB 2754A for the record (EXHIBIT B). |
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109 |
Chair Brown |
Closes the public hearing on HB 2754A and opens the work session on HB 2754A. |
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HB 2754A – WORK SESSION |
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111 |
Rep. Atkinson |
MOTION: Moves HB 2754A to the floor with a DO PASS recommendation. |
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113 |
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VOTE: 5-0-0 |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. WHITSETT will lead discussion on the floor. |
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117 |
Chair Brown |
Closes the work session on HB 2754A and opens the public hearing on executive appointments. |
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EXECUTIVE APPOINTMENTS – PUBLIC HEARING OREGON TOURISM COMMISSION – APPOINTMENT OF JEFF JOBE (EXHIBIT C) |
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126 |
Jeff Jobe |
Explains his qualifications and interest in the appointment to the Oregon Tourism Commission. |
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136 |
Sen. Ferrioli |
Comments on Oregon’s diversity and asks Mr. Jobe to discuss rodeos. |
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141 |
Jobe |
Responds he is from Oklahoma and grew up in the backyard of the national finals, he knows very much about rodeos. |
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OREGON WATERSHED ENHANCEMENT BOARD – APPOINTMENT OF HELEN WESTBROOK (EXHIBIT D, Page 1) |
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157 |
Helen Westbrook |
Explains her qualifications and interest in the appointment to the Oregon Watershed Enhancement Board (OWEB). |
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169 |
Sen. Shields |
Notes that OWEB can be difficult at times. |
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COMMISSION FOR WOMEN – APPOINTMENT OF ELLIE MCPEAK (EXHIBIT S) |
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220 |
Chair Brown |
Closes the public hearing on executive appointment to the Commission for Women due to difficulty in reaching Ms. McPeak.*(see tape 108, B #066) |
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OREGON WATERSHED ENHNACEMENT BOARD – APPOINTMENT OF JIM NAKANO (EXHIBIT D, Page 6) |
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242 |
Jim Nakano |
Explains his qualifications and interest in the appointment to the Oregon Watershed Enhancement Board (OWEB). |
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275 |
Chair Brown |
Closes the public hearing on the executive appointment of Jim Nakano to the Oregon Watershed Enhancement Board. |
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275 |
Chair Brown |
Opens a public hearing on reappointments. |
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COMMISSION FOR THE BLIND - REAPPOINTMENT OF DONALD DARTT (EXHIBIT E, Page 1) |
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CONSTRUCTION CONTRACTORS BOARD – REAPPOINTMENT OF DENNIS SCHAD (EXHIBIT V) |
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STATE BOARD OF DIRECT ENTRY MIDWIFERY – REAPPOINTMENT OF MICHELE BOUCHE (EXHIBIT W) |
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OUTDOOR YOUTH PROGRAM ADVISORY BOARD – REAPPOINTMENT OF ROBERT COOLEY AND PETER GREEN (EXHIBIT X) |
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OREGON PATIENT SAFETY COMMISSION BOARD OF DIRECTORS – REAPPOINTMENT OF JUDITH HIBBARD , BRUCE JOHNSON AND GEORGE MILLER (EXHIBIT Y) |
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BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING – REAPPOINTMENT OF HAROLD BURKE-SIVERS, ROBERT KING, AND ROBERT TARDIFF (EXHIBIT Z) |
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OREGON TRANSPORTATION COMMISSION – REAPPOINTMENT OF RANDALL PAPE’ (EXHIBIT AA) |
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OREGON WATERSHED ENHANCEMENT BOARD – REAPPOINTMENT OF ROBERT BRUNOE (EXHIBIT D) |
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286 |
Chair Brown |
Seeing no requests for public testimony closes the public hearing on executive reappointments. Opens the public hearing on HB 3127. |
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HB 3127 – PUBLIC HEARING |
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290 |
Tiffany Harris |
Explains the provisions of HB 3127. |
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298 |
Sandy Flicker |
Executive Director, Oregon Rural Electric Cooperative Association. Submits prepared testimony and the -1 amendments (EXHIBIT F). States that the bill is sponsored by Rep. Bob Jenson. |
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309 |
Shaun Jillions |
Legislative Assistant to Rep. Bob Jenson, House District 58. States that Rep. Jenson is in support of the -1 amendments. |
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319 |
Justin Burns |
Attorney, Oregon Trail Electric Company. States the bill requests to align the definition of non-profit corporations for the purpose of the ethics statutes. Adds there is no known opposition. |
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337 |
Vice-Chair Ferrioli |
Refers to the -1 amendments and invites an overview. |
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336 |
Burns |
Responds that Rep. Merkley requested the amendments to clarify that the language applies only to the directors on boards of non-profits; not executive directors of non-profits. |
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358 |
Chair Brown |
Closes the public hearing on HB 3127 and opens the work session on HB 3127. |
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HB 3127 – WORK SESSION |
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360 |
Sen. Ferrioli |
MOTION: Moves to ADOPT HB 3127-1 amendments dated 04/25/05. |
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362 |
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. |
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366 |
Sen. Ferrioli |
MOTION: Moves HB 3127 to the floor with a DO PASS AS AMENDED recommendation. |
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372 |
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VOTE: 4-0-1 EXCUSED: 1 - Shields |
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Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor. |
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383 |
Chair Brown |
Closes the work session on HB 3127 and opens the public hearing on HB 2840A. |
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HB 2840A – PUBLIC HEARING |
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391 |
Tiffany Harris |
Committee Administrator. Explains the provisions of HB 2840A. |
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410 |
Rep. Vicki Berger |
House District 20. States that she sponsored legislation to repeal the school zone law enacted two years ago. Expresses the concerns raised by her constituency; inconsistency and the 24 hour rule. States that the flashing yellow lights are effective. |
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462 |
Rep. George Gillman |
House District 55. States that it took four months to compromise on the language because there were a variety of viewpoints expressed. The final compromise was school zones 7-5, five days a week. Concurs that the flashing light in a school zone gives control to the school when they need it. |
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TAPE 108, A |
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039 |
Rep. Deborah Boone |
House District 32. Refers to the field hearing in Bend and the compromise of the end product. Comments on the effectiveness of flashing lights in school zones. |
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054 |
Rep. Chuck Burley |
House District 54. Discusses the variety in viewpoints on the issue. Notes there is a Safe Routes to Schools bills in the Judiciary Committee as well as an appropriations bill in Congress; suggests that perhaps some of those dollars may be used to help install lights. |
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069 |
Chair Brown |
States that the City of Portland recommends 7-7, seven days a week. |
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073 |
Rep. Berger |
Responds that 5-7 is prime commuter time not prime school time. Relays her personal story about when she was hit by a car and states that irresponsibility cannot be legislated. |
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111 |
Rep. Gillman |
Addresses the 24/7 proposal stating there is not statistical evidence that warrants a problem to be solved. Notes that most of the zones in Portland are proposing a change from 25 mph to 20 mph but in rural areas it is from 35 or 40 mph to 20 mph. |
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139 |
Sen. Ringo |
Asks if local communities could raise money for the installation of flashing lights and then the lights could be activated by the school. |
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142 |
Rep. Berger |
Interjects that in the absence of the flashing lights, the speed limit would be 20 mph, 7-5, on school days. |
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145 |
Rep. Gillman |
Theorizes that the lights could be activated for a Saturday morning game. Asks if there are guidelines on who can activate the lights. |
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147 |
Rep. Berger |
Rep. Berger nods her head. |
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151 |
Rep. Gillman |
Comments that there are two issues; how does the general public know when it is a school day, and who controls the lights and under what authority. |
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160 |
Rep. Ringo |
Asks why the authority was not specified in the bill. |
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164 |
Rep. Burley |
Explains the question of authority did not come up and the question could be deferred to the school districts. |
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176 |
Sen. Ringo |
States that schools are a place for kids evenings and weekends, safety is needed at those times. Offers that flexibility is needed. |
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185 |
Rep. Berger |
Responds that is part of the legislation but not the authority or restrictions. Discusses the difference between a school zone around a school and crosswalk school zone. |
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207 |
Chair Brown |
States that the authority for who controls the lights can be left to the school districts. |
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211 |
Rep. Gillman |
Recommends an amendment for the emergency clause to be effective July 1, 2005. |
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242 |
Troy Costales |
Oregon Department of Transportation (ODOT). Submits prepared testimony (EXHIBIT G) and states that this bill works out most of the inconsistencies. States that under current law the time can be changed. |
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242 |
Jon Oshel |
Association of Oregon Counties (AOC). Supports this compromise. States that the public has expressed frustration over the hours being too extensive and inconsistencies, such as, what is a school day. |
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282 |
Christine Munson |
League of Oregon Cities (LOC). States neutrality on the bill because elected officials, police chiefs and traffic engineers could not come to consensus. Emphasizes three points; expenses to local government each time the law is changed, the purchase and control of flashing lights are done in partnerships with the cities and school districts, and the delay of the implementation date. |
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309 |
Sen. Ringo |
Asks who should activate the lights. |
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315 |
Munson |
Reiterates that activation of the lights is a partnership with the cities and the school districts. |
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342 |
Chair Brown |
Comments on the reduction in traffic when school is out. |
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360 |
Rep. Donna Nelson |
House District 24. Testifies in support of HB 3415*. Testifies in support of HB 2840A stating that it is unnecessary to restrict speed zones at times when children are not in the vicinity of schools. |
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401 |
Mark Lear |
Traffic Investigations Manager, City of Portland. Submits and summarizes prepared testimony in support of extending protection to adjacent school zones all days 7 a.m. – 7 p.m. (EXHIBIT H). Discusses collision risks. |
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TAPE 107, B |
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003 |
Lear |
Explains the revenue restrictions of schools and cities to expand the flashing beacon program. |
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013 |
Sen. Ferrioli |
Confirms the proposal is 7 a.m. – 7 p.m. all day, 365 days a year. |
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016 |
Lear |
Answers affirmatively. |
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017 |
Sen. Ferrioli |
Asks what is meant by collision, vehicle to vehicle, or vehicle to child. |
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018 |
Lear |
Answers cars hitting kids, walking or biking, within three blocks of a school zone. |
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030 |
Sen. Ringo |
Asks how the flashing lights are activated. |
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032 |
Lear |
Answers there is a pager devise that is activated by code through the signal office. Adds that different communities may have different systems. |
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048 |
Chair Brown |
Discusses that under current law there are three different school zones on Belmont Ave. Asks if he agrees that the bill addresses the inconsistencies under current statute. |
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055 |
Lear |
Responds that some streets may have a number of school zones, some that are adjacent and some that are not. Proposes that a long term solution is to provide reasonable protection on 30 mph streets and place flashing beacons on the higher speed areas. |
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089 |
Chair Brown |
Closes the public hearing on HB 2840A and opens the public hearing on HB 3415. |
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Written testimony submitted by Tom Chatterton in opposition to HB 2840A (EXHIBIT I). |
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HB 3415 – PUBLIC HEARING |
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098 |
Rep. Dave Hunt |
House District 40. Submits and summarizes prepared testimony in support of HB 3415 (EXHIBIT J). |
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122 |
Sen. Rick Metsger |
Senate District 26. States the intent of HB 3415 is, if it is apparent that OTIA III funds are not absolutely required to meet repair requirements the monies can be allocated differently. |
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145 |
Rep. Kim Thatcher |
House District 25. States this is an opportunity to reallocate monies toward projects of statewide significance. |
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157 |
Rep. George Gilman |
House District 55 and Chair of the House Transportation Committee. Explains that there appears to be savings from OTIA III and how those savings should be used is specified in HB 3415. |
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169 |
Sen. Gary George |
Senate District 12. Comments on Highway 30 traffic backups, Highway 99 W gridlock and roads that are in complete disrepair in Lincoln City. |
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217 |
Leslie Lewis |
Commissioner, Yamhill County. Submits prepared testimony in support of HB 3415 and states that this bill will help move projects of statewide significance forward (EXHIBIT K). |
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269 |
Bill Kennemer |
Commissioner, Clackamas County. Submits prepared testimony in support of HB 3415 (EXHIBIT L) and prepared testimony in support from Washington County and the Oregon Home Builders Association (EXHIBIT M). Discusses the growth projections of Damascus |
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299 |
Jeff Bennett |
Chair, Clackamas County Development Commission. Submits prepared testimony in support of HB 3415 and discusses the Sunrise Corridor as a critical link between the Portland region and eastern Oregon (EXHIBIT N). |
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332 |
Art Schlack |
Policy Manager, Association of Oregon Counties (AOC). Submits prepared testimony in support of HB 3415 (EXHIBIT O). States that the funding of projects identified by the Oregon Transportation Commission is of major importance to further economic development. |
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357 |
Wilda Parks |
President and CEO North Clackamas County Chamber of Commerce. Submits prepared testimony in support of HB 3415 (EXHIBIT P). |
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378 |
Greg DeGrazia |
Member, North Clackamas Chamber of Commerce. Reiterates the Chamber’s support of HB 3415. |
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397 |
Randy Tucker |
Legislative Affairs Manager for Metro. Refers to correspondence to the Legislative Assembly and notes support from JPACT on page two (EXHIBIT Q). |
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Rep. Donna Nelson |
Provided testimony in support earlier in the meeting *(See Tape 108 #360). |
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Prepared testimony submitted for the record from David Marks, Clackamas County Business Alliance; Bob Stewart, Mayor, City of Newberg; C. Diane Ragsdale, Mayor, City of Dundee; Eric Wright and Brent Adams, McMinnville Area Chamber of Commerce; and Sheryl Kelsh, Chehalem Valley Chamber of Commerce (EXHIBIT R). |
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427 |
Chair Brown |
Closes the public hearing on HB 3415 and opens the work session on HB 3415. |
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HB 3415 – WORK SESSION |
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|
430 |
Chair Brown |
MOTION: Moves HB 3415 to the floor with a DO PASS recommendation. |
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433 |
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VOTE: 3-0-2 EXCUSED: 2 - Ringo, Shields |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. METSGER will lead discussion on the floor. |
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438 |
Chair Brown |
Closes the work session on HB 3415 and opens the work session on HB 2840. |
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TAPE 108, B |
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HB 2840A – WORK SESSION |
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038 |
Chair Brown |
Expresses concern about changing the bill in light of numerous conversations with House members. |
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049 |
Chair Brown |
MOTION: Moves HB 2840A to the floor with a DO PASS recommendation. |
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050 |
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VOTE: 3-0-2 EXCUSED: 2 - Ringo, Shields |
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|
Chair Brown |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
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054 |
Chair Brown |
Closes the work session on HB 2840A and opens the public hearing on the executive appointment to the Commission for Women. |
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EXECUTIVE APPOINTMENT – PUBLIC HEARING COMMISSION FOR WOMEN – APPOINTMENT OF ELLIE MCPEAK (EXHIBIT S) |
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066 |
Ellie McPeak |
Testifies via conference call. Explains her interest in serving on the Commission For Women. Provides an overview on the economic and educational challenges of women in Oregon. Discusses how the commission can promote confidence in women and provide information on where women can go for help. |
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119 |
Chair Brown |
Responds that the advocacy commissions are struggling for funding this session and anticipates needing letters and phone calls to help move a bill that combines the administrative functions of the advocacy commissions. |
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126 |
Chair Brown |
Closes the public hearing on executive appointments and opens the public hearing on HB 2174A. |
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HB 2174A – PUBLIC HEARING |
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|
130 |
Tiffany Harris |
Committee Administrator. Explains the provisions of HB 2174A. |
|
140 |
Gary Whitney |
Policy and Program Coordinator, Oregon Economic and Community Development Department (OECDD). States support for HB 2174A and explains the purpose is to organize and streamline the statutes for the special public works fund. |
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193 |
Whitney |
Describes the streamlining efforts that are planned. |
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230 |
Rep. Brad Avakian |
House District 34. Submits and discusses the -8 amendments and supports HB 2174 as it is. Explains that page 11 of the amendments add to the definition of a business development project (EXHIBIT T). |
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257 |
Sen. Laurie Monnes Anderson |
Senate District 25. Submits prepared testimony on efforts for building a cultural arts center, (EXHIBIT U). Supports adding a center for arts to the definition. |
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300 |
Rep. Avakian |
Acknowledges the sensitivity to adding new language. |
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315 |
Victoria Pruett |
OECDD. States the department supports infrastructure projects in communities. States neutrality on the bill and suggests that the addition to the language opens up broad interpretation and provides and examples. |
|
379 |
Chair Brown |
Closes the public hearing on HB 2174A. Opens the public hearing on HB 2537. |
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HB 2537 – PUBLIC HEARING |
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|
384 |
Chair Brown |
States the bill will not be moved today. Closes the public hearing on HB 2537. States that HB 3179 will need more time. Opens the public hearing on the executive appointment to the Commission for the Blind. |
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EXECUTIVE APPOINTMENT – PUBLIC HEARING COMMISSION FOR THE BLIND – JOYCE GREEN (EXHIBIT E, Page 6) |
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420 |
Chair Brown |
Unable to make contact, Chair Brown leaves a message and closes the public hearing for executive appointment on the Commission for the Blind. Adjourns the meeting at 3:15 p.m. |
EXHIBIT SUMMARY
A. HB 2754A, prepared testimony, Denise Honzel, 2 pp
B. HB 2754, prepared testimony, Jo Bell, 2 pp
C. Tourism Commission, Oregon, Governor’s office and staff, 7 pp
D. Watershed Enhancement Board, Oregon, Governor’s office and staff, 17 pp
E. Blind, Oregon Commission for the, staff, 8 pp
F. HB 3127, prepared testimony and -1 amendments, Sandy Flicker, 4 pp
G. HB 2840A, prepared testimony, Troy Costales, 1 p
H. HB 2840A, prepared testimony, Mark Lear, 6 pp
J. HB 3415A, prepared testimony, Representative Dave Hunt, 2 pp
K. HB 3415A, prepared testimony, Leslie Lewis, 1 p
L. HB 3415A, prepared testimony, Bill Kennemer, 8 pp
M. HB 3415A, prepared testimony, Bill Kennemer, 2 pp
N. HB 3415A, prepared testimony, Jeff Bennett, 3 pp
O. HB 3415, prepared testimony, Arthur Schlack, 1 p
P. HB 3415A, prepared testimony, Wilda Parks, 2 pp
Q. HB 3415A, prepared testimony, Randy Tucker, 2 pp
S. Women, Commission for, staff and Governor’s Office, 8 pp
T. HB 2174A, -A8 amendments, Representative Brad Avakian, 12 pp
U. HB 2174, Gresham Center for the Arts, Senator Laurie Monnes Anderson, 1 p
V. Construction Contractors Board, staff, 6 pp
W. Midwifery, State Board of Direct Entry, staff, 7 pp
X. Outdoor Youth Program Advisory Board, staff, 12 pp
Y. Patient Safety Commission Board of Directors, Oregon, staff, 25 pp
Z. Public Safety Standards and Training, Board on, staff, 25 pp
AA. Transportation Commission, Oregon, staff, 7 pp
Testimony submitted without public testimony
I. HB 2840A, written testimony, Tom Chatterton, 1 p
R. HB 3415A, prepared testimony submitted for the record by David Marks, Bob Stewart, C. Tourism Commission, Oregon, staff, 5 pp