HOUSE COMMITTEE ON ADVANCING E-GOVERNMENT

April 3, 2001 Hearing Room E

3:30 PM Tapes 32-33

MEMBERS PRESENT: Rep. Jim Hill, Chair

Rep. Rob Patridge, Vice-Chair

Rep. Kathy Lowe

MEMBER EXCUSED:

STAFF PRESENT: Mark Jolley, Committee Administrator

Alice Morton, Committee Assistant

MEASURE/ISSUES HEARD: HB 2988 – Public Hearing

HB 3164 – Public Hearing

HB 2039 – UETA – Public Hearing

HB 2112 – UETA – Public Hearing

HB 2038 – Pubic Hearing

HB 2212 – 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 32, A
003	Chair Hill	Calls the meeting to order at 3:40 p.m. and opens a public hearing on HB 2988.
HB 2988 – Public Hearing
008	Mark Jolley	Committee Administrator. Gives overview of the bill.
035	Duncan Wyse	Oregon Business Council. Gives overview of the HB 3615 Interim Task Force regarding the Public Utility Commission (PUC) operations, and provides written material (EXHIBIT A).
058	Bruce Samson	Attorney. Reads from the report provided by Mr. Wyse.
126	Chair Hill	Asks how we can drive the process in a pubic policy environment.
130	Wyse	Says similar to last session – have someone outside the system look at it, and then conduct a follow-up review.
220	Rep. Lowe	Asks for the composition of the taskforce.
225	Wyse	Goes through the list of commission members citing names and occupations.
270	Rep. Lowe	Asks for a background of the perception that the PUC needed a task force to examine it.
280	Wyse	Said the market has changed, there are very complex issues, and it is necessary to have an extremely nimble management style.
350	Rep. Lowe	Asks was it your conclusion that the perceptions were grounded in fact.
335	Wyse	Responds, yes, and that they tried to bring the divergent parties together.
384	Chair Hill	Asks how do we construct this measure to make the process work. Asks how is it, even with a legislative mandate, that the PUC has not come to talk, that they have sent a letter instead (EXHIBIT B).
430	Wyse	Says he understands where the concerns are.
440	Rep. Butler	Testifies in support of HB 2988.
TAPE 33, A
044	Rep. Butler	Says he still firmly believes a quorum of PUC commissioners should be present for the important testimony. Adds that there can be an appearance of unfairness if they are not present. Suggests that the committee have the task force members continue to meet on a periodic basis to assist with oversight on this regard.
095	Gary Bauer	NW Natural Gas. Testifies regarding HB 2988 and provides written remarks (EXHIBIT C). Says that if the committee determines that Commissioners should be present at hearings, his group recommends that you narrow the legislation to major contested case proceedings involving rate matters.
138	Chair Hill	Asks how to do this since the PUC is not represented in the room.
150	Bauer	Responds
200	Ginny Lang	QWEST. Speaks to the bill, and supplies written remarks (EXHIBIT D).
236	Jeff Bissonette	Citizens’ Utility Board. Testifies in opposition to HB 2988.
284	Chair Hill	Asks if the PUC has asked him to come here.
290	Bissonette	Says the PUC did not ask him to come and that his remarks are his organization’s own analysis.
300	Chair Hill	Asks how he views the situation.
305	Bissonette	Responds with the suggestion to talk with the PUC representatives directly.
318	Chair Hill	Explains the PUC has been invited and that they declined to come, with the reason that the matter was not compelling enough.
325	Rep Lowe	Asks how many ALJ’s the PUC has.
335	Bissonette	Responds.
384	Chair Hill	Closes public hearing on HB 2988 and opens work session on HB 2988.
HB 2988 – Work Session
401	Chair Hill	Reads transcribed comments from a PUC legislative coordination meeting to highlight its member’s view of the Advancing E-government committee. Remarks on the possibility of a work group to address the issue of PUC Commissioner presence at the PUC meetings.
431	Rep. Lowe	Says if the committee forms a work group, she suggests getting procedural assistance. Stresses the need for consistency so each hearing the commissioners attend are decision-making. Otherwise, she does not expect that three commissioners would travel the state listening to general public testimony.
TAPE 32, B
040	Chair Hill	Asks Bruce Sampson if he could help craft something and facilitate a work group.
	Committee	Discussion on the best way to put together an appropriate group, with the intention to not be punitive, but constructive.
120	Chair Hill	Closes work session on HB 2980 and opens public hearing on HB 2112.
HB 2112 – Uniform Electronic Transactions – Public Hearing
200	Mardi Saathoff	Attorney, Representing the State Bar Workgroup. Testifies in support of HB 2112 and speaks to elements of the -2 amendments, (EXHIBIT E).
250	Pete Shepherd	Attorney, Department of Justice. Explains the –2 amendment and says that Rep. Lowe’s changes are addressed.
300	Mardi Sathdoff	Says the workgroup recommends they bring forward their own law.
345	Rep. Merkely	Testifies regarding HB 2112, explains and provides printed material. (EXHIBIT F) regarding digital signature infrastructure.
365	Chair Hill	Says with this bill we are merely conforming to the federal law.
370	Jim Craven	American Electronics Association. Thanks the people who have given their time to working this out.
400	Chair Hill	Closes public hearing on HB 2112 and opens work session on HB 2112.
HB 2112 – Work Session
405	Chair Hill	Suggests the group working on amending the bill have proposed amendments back next Thursday in order to make the changes in committee.
420	Chair Hill	Closes work session on HB 2112 and opens work session on HB 2212.
TAPE 33, B
HB 2212 – Work Session
006	Kristen Burch	Victory Group. Says they and the DOJ agree on the amendments and there are some to fix in committee.
010	Cheryl Prelelgrini	Attorney, Department of Justice (DOJ). Supplies the words that correct the –4 amendments that seemed to be changed in the most recent LC draft (EXHIBIT G).
025	Chair Hill	Says they will have an another work session on Thursday to vote it. Closes work session on HB 2212 and opens work session on HB 2038.
HB 2038 – Work Session
042	Rick Hanson	Department of Administrative Services (DAS). Speaks to HB 2038, relays DAS's suggestion to replace a whole sentence related to managing information over the internet.
059	Chair Hill	Tells him to work with the committee administrator on it. Closes work session on HB 2028 and adjourns meeting at 5:03 p.m.

Submitted By, Reviewed By,

Alice Morton, Mark Jolley,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – HB 3615 Interim Task Force, written report, Duncan Wyse, 45pp.

B – HB 2988, letter opposing, Public Utilities Commission, 7pp.

C – HB 2988, written testimony, Gary Bauer, NW Natural Gas, 1p.

D – HB 2988, written testimony, Ginny Lang, QWEST, 1p.

E – HB 2112, -2 amendments, Mardi Saathoff, 33pp.

F – HB 2112, written materials, Rep. Jeff Merkley, 1p.

G – HB 2212, -4 amendments, staff, 2pp.