SENATE COMMITTEE ON RULES

 

 

July 19, 2005                                                                                                           Hearing Room B

1:00 P.M.                                                                                                                  Tapes 169 - 171

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:          

SB 1094 - Public Hearing

HB 3117 - Work Session

HB 2130A - Work Session

HB 2265B - Work Session

SB 1096 - Public Hearing

HB 3240A - Public Hearing

HB 2181B - Public Hearing

HB 3349 - 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 169, A

005

Chair Brown

Calls the meeting to order at 1:04 p.m. and opens a public hearing on SB 1094. Notes the committee is officially meeting as a sub-committee.

SB 1094 - PUBLIC HEARING

008

Sen. David Nelson

Senate District 29. Testifies in support of SB 1094.

034

Chair Brown

Notes the committee is now meeting as a full committee.

035

Lisa Mittelsdorf

Port of Morrow. Testifies in support of SB 1094.

058

Billie G. Morris

Director, Chamber of Commerce, City of Boardman. Testifies in support of SB 1094.

073

Terry Tallman

Judge, Morrow County. Testifies in support of SB 1094.

103

Chair Brown

States that she thought we had already lost the bid to Washington. Asks if that is not the case.

106

Mittelsdorf

Replies that is not the case. Explains in detail.

112

Tallman

Asks about ISC.

113

Mittelsdorf

Replies International Speedway Corporation.

114

Sen. Ringo

Wonders about the hurdles faced in this project if legislation is not passed. Explains his understanding is that a land use application was made and the Land Conservation and Development Commission (LCDC) did not approve part of that application. Asks witness for clarification.

119

Mittelsdorf

Confirms that LCDC did not approve part of that application. Details the restrictions that were placed on the project.

123

Sen. Ringo

Asks what caused LCDC to place those limitations on the project.

124

Mittelsdorf

Replies it is outside of a city.

125

Sen. Ringo

Wonders if it was because of a land use goal.

126

Mittelsdorf

Explains they had to go through a goal exception process.

127

Sen. Ringo

Verifies that LCDC did not approve that.

128

Mittelsdorf

Replies correct. Continues explaining limitations on the project.

135

Sen. Ringo

Asks if witness believes these limitations essentially kill the deal in Morrow County.

136

Mittelsdorf

Explains the developer is saying it is now very difficult to put a deal together with these limitations.

137

Sen. Ringo

Wonders about the dollar amount of development that might occur if this goes forward. States he has heard big numbers.

140

Mittelsdorf

Replies it is big numbers depending on the size of the project. Estimates 100 million to 250 million dollars.

142

Sen. Ringo

States that is the initial development. Wonders if the track would be in use 52 weeks a year.

144

Mittelsdorf

Responds.

152

Chair Brown

Refers to the controversy with expanding the North Bend Airport. Wonders if the Pendleton Airport will need expansion due to the traffic the speedway will bring in.

158

Mittelsdorf

Believes the Pendleton Airport would love to have additional traffic based on this speedway. Discusses airport on site.

170

F.E. Glenn

Mayor, City of Boardman. Testifies in support of SB 1094.

202

Rep. Greg Smith

House District 57. Discusses conversations he had with Lane Shetterly, Director, Department of Land Conservation and Development. Testifies in support of SB 1094.

252

Sen. Shields

Wonders about the risk of this investment.

258

Glenn

Discusses the risks involved with SB 1094.

288

Rep. G. Smith

Points out that risks are involved with any economic investment. Provides an example. Discusses management of risks.

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

 

Monte Grove

Highway Division, Oregon Department of Transportation. Submits written testimony regarding SB 1094 (EXHIBIT A).

 

Bob Rindy

Department of Land Conservation and Development. Submits written testimony on behalf of Lane Shetterly regarding SB 1094 (EXHIBIT B).

307

Chair Brown

Closes the public hearing on SB 1094 and opens a work session on HB 3117.

HB 3117 - WORK SESSION

310

Tiffany Harris

Committee Administrator. Provides an overview of HB 3117.

322

Rep. Billy Dalto

House District 21. Expresses support for HB 3117.

324

Greg Olson

Marion County Sheriff’s Office. Expresses support for HB 3117.

330

Chair Brown

MOTION:  Moves HB 3117 to the floor with a DO PASS recommendation.

332

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

PRESIDENT COURTNEY will lead discussion on the floor.

336

Chair Brown

Closes the work session on HB 3117 and opens a work session on HB 2130A.

HB 2130A - WORK SESSION

340

Tiffany Harris

Committee Administrator. Provides an overview of HB 2130A.

350

Chair Brown

MOTION:  Moves HB 2130A to the floor with a DO PASS recommendation.

360

 

VOTE:  4-1-0

AYE:               4 – Ferrioli, Ringo, Shields, Brown

NAY:               1 - Atkinson

 

Chair Brown

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

362

Chair Brown

Closes the work session on HB 2130A and opens a work session on HB 2265B.

HB 2265B - WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits the –B6 amendments (EXHIBIT C),  and the –B8 amendments (EXHIBIT D) to HB 2265B.

365

Chair Brown

Makes comments regarding HB 2265B.

370

Sen. Brown

MOTION:  Moves HB 2265B to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Budget.

373

Sen. Ferrioli

States he would like to move this bill with an amendment.

375

Chair Brown

Replies no. States Sen. Ferrioli can make a motion for an amendment.

376

Chair Brown

Withdraws motion.

378

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2265-B8 amendments dated 07/08/05.

382

Sen. Ferrioli

Discusses the -B8 amendments.

TAPE 170, A

009

Chair Brown

States she has not had an opportunity to review the amendments. Explains she has been given orders to send this bill to Senate Budget so they can address some of these issues.

010

Sen. Shields

Verifies that Sen. Ferrioli is moving an amendment that he hasn’t yet had a chance to look at.

011

Chair Brown

Replies yes. States she is opposing the motion.

018

 

VOTE:  2-3-0

AYE:               2 - Atkinson, Ferrioli

NAY:               3 – Ringo, Shields, Brown

 

Chair Brown

The motion FAILS.

019

Chair Brown

MOTION:  Moves HB 2265B to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Budget.

020

Sen. Ferrioli

Believes there is an opportunity to add a minority report.

021

Chair Brown

Believes that is not true because the bill is being referred to the Senate Budget Committee and the motion made is without recommendation.

025

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

026

Chair Brown

Closes the work session on HB 2265B and opens a public hearing on SB 1096.

SB 1096 - PUBLIC HEARING

028

Tiffany Harris

Committee Administrator. Provides an overview of SB 1096. Submits the -1 amendments (EXHIBIT E).

032

Sen. Laurie Monnes-Anderson

Senate District 25. Testifies in support of SB 1096.

066

Rep. John Lim

House District 50. Testifies in support of SB 1096.

093

Chair Brown

Recesses the public hearing on SB 1096 and opens a public hearing on HB 3240A.

HB 3240A - PUBLIC HEARING

097

Tiffany Harris

Committee Administrator. Provides an overview of HB 3240A.

101

Rep Kim Thatcher

House District 25. Explains HB 3240A.

107

Chair Brown

Recesses the public hearing on HB 3240A and re-opens the public hearing on SB 1096.

SB 1096 - PUBLIC HEARING

116

Maria Rojo de Steffey

 Multnomah County Commissioner. Provides background information on this issue. Testifies in opposition to SB 1096.

191

David Fuller

Mayor, Wood Village. Testifies in opposition to SB 1096. Submits proposed amendments to SB 1096 (EXHIBIT F).

242

Mike Weatherby

Mayor, Fairview. Testifies in opposition to SB 1096.

265

Paul Thalhofer

Mayor, Troutdale. Testifies in opposition to SB 1096.

319

Chair Brown

Makes comments regarding her district.

321

Thalhofer

Continues testimony on SB 1096.

372

Chair Brown

States this bill will not be moved today.

378

Shane Bemis

City of Gresham Council President. Submits and summarizes written testimony in support of SB 1096 (EXHIBIT G).

TAPE 169, B

001

Bemis

Continues testimony.

017

Kathy Everett

Executive Director, Gresham Downtown Development Association. Provides background information on the Gresham Downtown Development Association. Testifies in support of SB 1096.

042

Dave Shields

Gresham Chamber of Commerce. Testifies in support of SB 1096.

086

Sen. Ringo

Asks witness to comment on lane miles versus line miles.

088

Bemis

Suggests that the main objection of the three cities is using center line miles. Discusses lane miles.

093

Sen. Ringo

Points out that the previous witnesses emphasized that was the disagreement.

095

Bemis

Discusses current negotiations with Multnomah County.

102

Sen. Ringo

States he didn’t quite follow that. Suggests that witness said he believes the difference was not very significant.

103

Bemis

Explains the difference in revenue from what Multnomah County is currently negotiating with the City of Gresham is almost identical to lane miles.

107

Sen. Ringo

Points out that the previous witnesses testified that SB 1096 uses the term lane miles and everywhere else it is calculated in terms of center line miles. Wonders if that is accurate.

109

Shields

Responds.

115

Sen. Ferrioli

Points out that nobody is arguing the road transfer should take place. Believes the disagreement is over the standard on which the funding mechanism is based. Discusses transfers.  Wonders why there shouldn’t be one standard that is agreed upon.

126

Shields

Agrees. Discusses parity and equity with regards to standards.

142

Sen. Ferrioli

Wonders if witness would oppose the transfer if center line mile was established as the standard.

145

Shields

States they would not oppose it as long as it is equitable to everyone.

149

Chair Brown

Makes comments regarding today’s amendments.

156

Sen. Ringo

Asks clarification regarding today’s agenda.

157

Chair Brown

Provides clarification.

159

Sen. Shields

Wonders about the difference between center line miles and lane miles. Points out a discrepancy.

170

Vice-Chair Ferrioli

Mentions that Mr. Bemis pointed out that there was only $100,000 difference in the road maintenance distribution. States he got a strong sense from other testimony that that is not the case. Agrees that wider roads cost more to maintain. Wonders why the City of Gresham wants them. Remarks on testimony.  

184

Shields

Responds to comments that taking over the roads will create a lot of economic benefits for the City of Gresham.

199

Vice-Chair Ferrioli

Believes there is a consensus with the transfer of the roads. States the question is the revenue that comes with it.

201

Shields

Reiterates request for parity.

206

Sen. Ferrioli

Asks Commissioner Rojo de Steffey to respond to testimony regarding $100,000 difference between using center line miles and lane miles.

210

Rojo de Steffey

Introduces Rob Fussell.

215

Rob Fussell

Chief of Staff for County Chair, Multnomah County. Discusses using center line miles versus lane miles.

243

Sen. Ferrioli

Verifies that center line miles are the standard of parity.

244

Rojo de Steffey

Confirms that center line miles are the standard. Understands that center line miles are about 13 percent of funding whereas lane miles take about 24 percent of funding. Reiterates belief that the right thing to do is to transfer the roads to the City of Gresham. Discusses current negotiations.

264

Sen. Ferrioli

Wonders what the progress of the negotiations would be if SB 1096 was not passed.

269

Rojo de Steffey

Explains they are committed to a resolution. Expresses certainty that this will happen.

285

Ralph Groener

AFSCME. States he is representing Ken Allen. Testifies in opposition to SB 1096. Submits proposed amendments (EXHIBIT H).

338

Groener

Discusses center line and lane miles.

389

Bill Penhollow

Association of Oregon Counties. Makes clarification.

409

Groener

Thanks Mr. Penhollow. Continues testimony regarding SB 1096.

TAPE 170, B

003

Vice- Chair Ferrioli

Asks if there is a standard that can be identified with regards to revenue sharing agreements.

006

Penhollow

Responds.

049

Sen. Ringo

Makes comments.

051

Vice-Chair Ferrioli

Provides clarification regarding amendments.

064

Vice-Chair Ferrioli

Closes the public hearing on SB 1096 and opens a public hearing on HB 2181B.

HB 2181B - PUBLIC HEARING

069

Tiffany Harris

Committee Administrator. Provides an overview of HB 2181B.

075

Mark Long

Administrator, State Building Codes. Testifies in support of HB 2181B. Submits written testimony (EXHIBIT I).

092

Vice-Chair Ferrioli

Wonders if there are any amendments to HB 2181B.

094

Harris

Replies not at this time.

096

Vice-Chair Ferrioli

Believes Chair Brown will schedule a work session soon.

097

Harris

States there are some conflicts that were identified by Legislative Counsel. States there will be conflict amendments.

100

Vice-Chair Ferrioli

Closes the public hearing on HB 2181B and opens a public hearing on HB 3240A.

HB 3240A - PUBLIC HEARING

101

Tiffany Harris

Committee Administrator. Provides an overview of HB 3240A.

110

Davis Dyer

Resident, Keizer. Testifies in support of HB 3240A.

161

Vice-Chair Ferrioli

Verifies that the organizations would need to be categorized as 501(c) (3) organizations.

162

Dyer

Replies yes.

163

Tricia Smith

Oregon School Employees Association. Testifies in support of HB 3240A.

183

Jessica Stevens

SEIU. Expresses concerns regarding HB 3240A.

209

Vice-Chair Ferrioli

States he has an excerpt from ORS 65.001 which defines public benefit corporation. Explains there is a specific prohibition against including religious corporation within the definition. Explains religious corporations do not fall under the definition of public benefit corporation.

214

Stevens

Replies the definition of corporation sole, found in ORS 65.067 is proactively included in the definition of public benefit corporation.

217

Sen. Ringo

Asks for her to repeat statement.

218

Stevens

Repeats statement.

219

Sen. Ringo

Clarifies that witness said corporation sole.

220

Stevens

Replies yes. States it is a form of a religious corporation.

225

Vice-Chair Ferrioli

Believes there is a question regarding definitions.

234

Dyer

Responds to concerns raised by previous witness.

267

Vice-Chair Ferrioli

Closes the public hearing on HB 3240A and opens a public hearing on HB 3349.

HB 3349 – PUBLIC HEARING

273

Tiffany Harris

Committee Administrator. Provides an overview of HB 3349. Submits the -1 amendments (EXHIBIT J) and the -6 amendments (EXHIBIT K) to HB 3349.

310

Matt Minahan

Oregon Pyrotechnics Association. Testifies in support of HB 3349 with the -1 amendments.

334

Vice-Chair Ferrioli

Verifies the -1 amendments allow storage of pyrotechnical materials in existing locations where they are currently stored on lands zoned exclusive farm use (EFU).

338

Minahan

Discusses difference between fireworks and explosive materials in  the ORS.

346

Vice-Chair Ferrioli

Points out there are agricultural uses for black powder and dynamite.

347

Minahan

Replies yes. Explains.

353

Bill Zuber

Owns Christmas Tree Farm, Clackamas County. Testifies in support of HB 3349 with the -1 amendments. Comments on SB 667 (2003).

391

Laura Borders

Resident, Clackamas County. Certified pyrotechnician. Discusses safety issues.

TAPE 171, A

001

Borders

Continues discussing safety issues.

019

Vice-Chair Ferrioli

Mentions the -6 amendments.

025

Don Schellenberg

Oregon Farm Bureau. Explains the purpose of the original bill. Comments on the -7 amendments. Urges committee to pass the original bill. Submits written testimony (EXHIBIT L).

048

Vice-Chair Ferrioli

Verifies the record should show that the witness would like the committee to move HB 3349 to the floor without any amendments.

049

Schellenberg

Confirms.

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

 

Daniel Tanner

Resident, Pleasant Hill. Submits written testimony in support of HB 3349 with the -1 amendments (EXHIBIT M).

 

Cherrill Clifford

Resident, Springfield. Submits written testimony regarding HB 3349 (EXHIBIT N).

050

Vice-Chair Ferrioli

Makes comments. Closes the public hearing on HB 3349 and adjourns the meeting at 3:04 p.m.

 

EXHIBIT SUMMARY

 

A.     SB 1094, written testimony, Monte Grove, 2 pp

B.     SB 1094, written testimony of Lane Shetterly, Bob Rindy, 2 pp          

C.     HB 2265B, -B6 amendments, staff, 45 pp

D.    HB 2265B, B8 amendments, staff, 46 pp

E.     SB 1096, -1 amendments, staff, 2 pp

F.      SB 1096, proposed amendments, David Fuller, 1 p

G.    SB 1096, written testimony, Shane Bemis, 1 p

H.    SB 1096, proposed amendments, Ralph Groener, 1 p

I.       HB 2181B, written testimony, Mark Long, 1 p

J.      HB 3349, -1 amendments, staff, 35 pp

K.    HB 3349, -6 amendments, staff, 10 pp

L.     HB 3349, written testimony, Don Schellenberg, 1 p

M.  HB 3349, written testimony, Daniel Tanner, 1 p

N.    HB 3349, written testimony, Cherrill Clifford, 1 p