SENATE COMMITTEE ON RULES

 

 

July 05, 2005                                                                                                           Hearing Room B

3:30 P.M.                                                                                                                  Tapes 150 - 151

Corrected 10/28/05

 

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

Katie Lowry, Committee Assistant

 

 

MEASURE/ISSUES HEARD:          

HB 3092B - Work Session

HB 2103A – Public Hearing and Work Session

HB 2130A – Public Hearing

                                                HB 2238 – Public Hearing and Work Session

HB 2265B – Public Hearing

HB 2510A – Public Hearing

HB 2561A – Public Hearing and Work Session

HB 3491A – Public Hearing and Work Session

HB 3495A – Public Hearing and Work Session

HB 3238A – 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.

 

TAPE/#

Speaker

Comments

TAPE 150, A

005

Chair Brown

Calls the meeting to order at 3:38 p.m. and opens a work session on HB 3092B.

HB 3092B - WORK SESSION

007

Tiffany Harris

Committee Administrator. States that Legislative Counsel (LC) will provide an explanation of the -B7 amendments which resolve conflicts (EXHIBIT A).

013

Chuck Taylor

LC. Explains the conflict with HB 3092B. Explains the conflict with HB 3304 is a policy choice that LC cannot make. Provides an explanation of the options available to the committee.

041

Chair Brown

Verifies that the –B7 amendments are the same as the original bill except they include an emergency clause.

042

Taylor

States they are similar to HB 3304, but they make a modification to it.

044

Chair Brown

Wonders if that is on lines 11 and 12.

046

Taylor

Explains that because the amendments contain an emergency clause, they can repeal section two of HB 3304 without having to further amend the language.

052

Chair Brown

Asks if there is anyone present on behalf of HB 3092B.

055

J.L. Wilson

Oregon Association of Plumbing, Heating and Cooling Contractors. Explains HB 3092B adds to HB 3304. Provides details. Explains the     -B7 amendments repeal HB 3304 but re-implements the language of HB 3304.

068

Chair Brown

Makes comments.

070

Chair Brown

MOTION:  Moves to ADOPT HB 3092-B7 amendments dated 07/01/05.

072

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

074

Chair Brown

MOTION:  Moves HB 3092B to the floor with a DO PASS AS AMENDED recommendation.

075

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

082

Chair Brown

Closes the work session on HB 3092B and opens a public hearing on HB 2103A.

HB 2103A - PUBLIC HEARING

084

Tiffany Harris

Committee Administrator. Provides an overview of HB 2103A. Submits the -A2 amendments to HB 2103A which are amendments to resolve conflicts (EXHIBIT B).

091

Susan Wilson

Director, Oregon Health Licensing Office. Testifies in support of HB 2103A. Submits written testimony (EXHIBIT C). Discusses conflict amendments.

113

Chair Brown

Closes the public hearing on HB 2103A and opens a work session on HB 2103A.

HB 2103A - WORK SESSION

115

Chair Brown

MOTION:  Moves to ADOPT HB 2103-A2 amendments dated 07/01/05.

117

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

118

Chair Brown

MOTION:  Moves HB 2103A to the floor with a DO PASS AS AMENDED recommendation.

120

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

121

Chair Brown

Closes the work session on HB 2103A and opens a public hearing on HB 2130A.

HB 2130A - PUBLIC HEARING

124

Tiffany Harris

Committee Administrator. Provides an overview of HB 2130A.

131

Jim McCauley

Department of Environmental Quality (DEQ). Testifies regarding HB 2130A.

140

Chair Brown

Wonders if it is easier for people to ascertain what the fees are if they are in statute.

141

McCauley

Explains why the fees should be placed in statute.

153

Sen. Shields

Wonders about term “larger scale suction dredge operations”.

155

McCauley

Explains.

170

Sen. Shields

Asks for clarification about the process of suction dredge mining.

174

McCauley

Replies correct and provides further explanation.

178

Sen. Shields

Asks about turbidity.

180

McCauley

Responds.

187

Sen. Shields

Comments this is a step in the right direction.

189

Sen. Ringo

Verifies that witness said without this legislation a certain type of mining cannot take place.

192

McCauley

Discusses permit renewal during the previous year. Explains they do not have a rule which allows them to write an individual permit to deal with the suction dredges that do not qualify under the general permit. Explains how the fee will allow them to write an individual permit.

204

Sen. Ringo

Wonders how much work it is to write an individual permit.

205

McCauley

Responds.

213

Sen. Ringo

Wonders about a fiscal analysis.

214

McCauley

Discusses fiscal analysis.

223

Sen. Ringo

Verifies that witness said they expect to receive around $73,000 and that would not cover the cost of issuing the permits.

226

McCauley

Replies not entirely. Explains in detail.

230

Sen. Ringo

Wonders what the expected cost of supporting this will be.

231

McCauley

Replies he does not have a specific number. Offers to return the information to Sen. Ringo.

235

Sen. Ringo

Understands that the state of Washington has a fee program that supports itself for some permits.

241

McCauley

States he is not very familiar with the process in Washington.

245

Sen. Ringo

Comments he would like to see permits be self-sustaining.

251

Sen. Ferrioli

Asks if suction miners were allowed to enter the stream for recreational mining without permits previously.

256

McCauley

Explains they have had a fee permit requirement for the last two decades.

260

Sen. Ferrioli

Asks what the fee was.

261

McCauley

Replies $40-60. Provides further explanation.

269

Sen. Ferrioli

Wonders if the fee went from $40-60 for a site permit to a $300 general permit.

270

McCauley

Explains the general permit is $25 per year. Explains the $300 fee is for an individual suction dredge permit.

276

Sen. Ferrioli

Discusses increase of fees.

283

Chair Brown

Recesses the public hearing on HB 2130A and opens a public hearing on HB 2238.

HB 2238 - PUBLIC HEARING

285

Tiffany Harris

Committee Administrator. Provides an overview of HB 2238.

291

Rep. Jerry Krummel

House District 26. Expresses support for HB 2238. States he is here to answer questions.

301

Bill Linden

Oregon Restaurant Association. Testifies in support of HB 2238.

318

Chair Brown

Closes the public hearing on HB 2238 and re-opens the public hearing on HB 2130A.

HB 2130A – PUBLIC HEARING

325

David Moskowitz

Wild Salmon Center. Discusses section one of HB 2130A which would repeal ORS 196.840. Reads language that would be repealed. Believes this section should not be repealed.

364

Chair Brown

Verifies that witness has no concerns with the rest of the bill.

365

Moskowitz

Confirms this.

366

Chair Brown

Asks Mr. McCauley to tell the committee why ORS 196.840 is being repealed.

368

Jim McCauley

Department of Environmental Quality (DEQ). Believes that was at the request of the Water Resources Department (WRD).

378

John Lilly

Assistant Director, Department of State Lands (DSL). Discusses reasons for repealing ORS 196.840.

407

Sen. Shields

Verifies that they do not use this tool and therefore don’t need it available to them anymore.

411

Lilly

Explains the tools they have are sufficient at this point. Points out it is hard to argue that this provision needs to remain in statute since it hasn’t been used.

420

Sen. Ringo

Asks if the WRD suggested that this be removed.

421

Lilly

Explains the amendment was made in the House Water Committee. Believes it didn’t emanate from the WRD.

426

Sen. Ringo

Wonders who offered this amendment.

428

Lilly

Responds.

TAPE 151, A

005

Brendan McCarthy

Legislative Counsel (LC). Explains reasons why he suggested that the provision be deleted from statute.

017

Chair Brown

Asks if Mr. Moskowitz is satisfied with this explanation.

018

Moskowitz

Replies yes.

020

Chair Brown

Closes the public hearing on HB 2130A and opens a work session on HB 2238.

HB 2238 – WORK SESSION

025

Chair Brown

MOTION:  Moves HB 2238 to the floor with a DO PASS recommendation.

026

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

029

Chair Brown

Closes the work session on HB 2238 and opens a public hearing on HB 2265B.

HB 2265B - PUBLIC HEARING

030

Sen. Shields

Comments on the –B6 amendments. Submits -B6 amendments to HB 2265B (EXHIBIT D).

038

Chair Brown

States the amendments were just distributed, so the committee will not move them today.

040

Ann Hanus

Department of State Lands (DSL). Explains the -B6 amendments. Submits written testimony (EXHIBIT E).

079

Sen. Shields

Verifies that they have been talking about this in the budget committee.

081

Hanus

Replies yes and explains.

084

Sen. Shields

Explains everything in this bill that DSL wanted was removed in the House. Verifies these amendments restore the bill to its original intent.

090

Hanus

Replies correct.

091

Sen. Ringo

Verifies the House amendments added the part about submersibles.

095

Hanus

Replies yes and explains they have no objection to that addition.

097

Sen. Ferrioli

Asks for an explanation for the three percent automatic fee increases.

098

Hanus

Explains.

102

Sen. Ferrioli

Asks if there would be any need for further legislative authority to increase those fees.

104

Hanus

Responds.

106

Sen. Ferrioli

Asks if this is an automatic fee increase for which no further legislative authority would be needed.

108

Hanus

Explains there is a section that allows a three percent per year adjustment for permits beginning in 2007.

109

Sen. Ferrioli

Asks if there is a sunset on the bill.

110

Hanus

Replies no.

113

Chair Brown

Closes the work session on HB 2265B and opens a public hearing on HB 2510A.

HB 2510A - PUBLIC HEARING

117

Tiffany Harris

Committee Administrator. Provides an overview of HB 2510A.

124

Chair Brown

Closes the public hearing on HB 2510A and opens a public hearing on HB 2561A.

HB 2561A - PUBLIC HEARING

129

Tiffany Harris

Committee Administrator. Provides an overview of HB 2561A.

134

Harry Gilmore

Manager, Technical Assistance Unit, Children, Adults and Family Section, Department of Human Services. Testifies in support of HB 2561A.

147

Chair Brown

Remarks the transfer probably should have happened 10 years ago.

148

Gilmore

Replies it probably should have happened at the time the Youth Authority was created. Continues testimony.

154

Chair Brown

Closes the public hearing on HB 2561A and opens a work session on HB 2561A.

HB 2561A - WORK SESSION

157

Chair Brown

MOTION:  Moves HB 2561A to the floor with a DO PASS recommendation.

158

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

159

Chair Brown

Closes the work session on HB 2561A and opens a public hearing on HB 3491A.

HB 3491A - PUBLIC HEARING

164

Tiffany Harris

Committee Administrator. Provides an overview of HB 3491A.

172

Julie Suchanek

Oregon Community College Association. Testifies in support of HB 3491A. Believes it will deter people from making false threats. Relates story.

197

Sen. Shields

Believes witness’ testimony makes the case for the bill.

203

Sen. Ferrioli

Remarks on the enactment of stiffer penalties for simulating an explosive device. Wonders if there are other statutes for a threat of this nature besides menacing. Remarks menacing and disorderly conduct do not seem like serious enough charges.

213

Suchanek

Replies she does not know.

224

Sen. Ferrioli

Reiterates question to Counsel.

225

Joe O’Leary

Senate Judiciary Committee Counsel. Believes there are other statutes. Points out change to the juvenile court statute which lists the type of charges for which a juvenile court can order the pre-adjudication detention of a youth. Provides further explanation. Comments on testimony in the House committee.

242

Sen. Ferrioli

Clarifies his understanding of the measure.

The following material is submitted for the record without public testimony:

 

Rep. Dave Hunt

House District 40. Submits written testimony (EXHIBIT F).

250

Chair Brown

Closes public hearing on HB 3491A and opens a work session on HB 3491A.

HB 3491A - WORK SESSION

255

Sen. Shields

MOTION:  Moves HB 3491A to the floor with a DO PASS recommendation.

257

Sen. Shields

Comments he has part of the North Clackamas School District in his district. Explains he identifies with Superintendent Naso’s testimony included in (EXHIBIT F).

260

Chair Brown

Agrees.

262

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

264

Chair Brown

Closes the work session on HB 3491A and opens a public hearing on HB 3495A.

HB 3495A - PUBLIC HEARING

270

Tiffany Harris

Committee Administrator. Provides an overview of HB 3495A.

275

Bill Linden

Oregon Restaurant Association. Testifies in support of HB 3495A.

310

Sen. Ringo

Wonders if HB 3495A promotes brew making in Oregon.

312

Linden

Believes it does.

314

Sen. Ringo

States he wants to promote brew making in Oregon.

325

Chair Brown

Closes the public hearing on HB 3495A and opens a work session on HB 3495A.

HB 3495A - WORK SESSION

330

Sen. Ringo

MOTION:  Moves HB 3495A to the floor with a DO PASS recommendation.

333

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

338

Chair Brown

Suggests Mr. Linden inform Sen. Ferrioli that the committee passed the bill. Suggests he provide Sen. Ferrioli with his testimony.

342

Chair Brown

Closes the work session on HB 3495A and opens a public hearing on HB 3238A.

HB 3238A – PUBLIC HEARING

344

Tiffany Harris

Committee Administrator. Provides an overview of HB 3238A.

354

Patrick Allen

Office of Regulatory Streamlining. Testifies in support of HB 3238A. Submits informational packet (EXHIBIT G).

392

Tom Gallagher

Vice-Chair of the Advisory Committee on Agency Rule Streamlining. Provides background information on the committee.

TAPE 150, B

001

Gallagher

Continues testimony regarding HB 3238A. Provides an example of a rule which results in an absurd outcome.

023

Allen

States he will summarize what the waiver section says.

025

Sen. Ringo

Asks if this is currently in the A-engrossed version.

026

Allen

Replies yes.

027

Sen. Ringo

Asks where it is in the A-engrossed version.

028

Allen

Replies section four. Provides explanation of section four.

043

Sen. Ringo

Points out that line 11 uses the language absurd or undesirable results. Remarks it says or not and.

044

Allen

Replies correct.

045

Chair Brown

Clarifies it is either, not both.

046

Allen

Replies correct.

047

Sen. Ringo

Verifies that it is not just an absurd result, that if it is undesirable in someone’s judgment then it can be waived.

048

Gallagher

Believes an undesirable result which is getting the opposite of what you are trying to do, is the essence of absurd.

050

Sen. Ringo

Expresses uncertainty. Remarks on the subjectivity of a desirable result.

054

Gallagher

Responds. Provides an example.

070

Allen

Explains the language in section 4 (c) operates interchangeably with the language in section 4 (b). Provides details.

082

Liz Frenkel

League of Women Voters of Oregon. Testifies in opposition to HB 3238A.

124

Chair Brown

States this bill will not be moved today. Believes the framework and parameters are there for a good proposal.

129

Chair Brown

Closes public hearing on HB 3238A and adjourns the meeting at 4:47 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 3092B, -B7 amendments, staff, 2 pp

B.     HB 2103A, -A2 amendments, staff, 3 pp

C.     HB 2103A, written testimony, Susan Wilson, 2 pp

D.    HB 2265B, -B6 amendments, Sen. Frank Shields, 45 pp

E.     HB 2265B, written testimony, Ann Hanus, 2 pp

F.      HB 3491A, written testimony, Rep. Dave Hunt, 4 pp

G.    HB 3238A, informational packet, Patrick Allen, 24 pp