HOUSE COMMITTEE ON JUDICIARY

 

 

July 07, 2003 Hearing Room 357

1:00 p.m. Tapes  236 - 237

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2797 Work Session

                                                SB 820C Work Session

                                                SB 297A 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 236, A

004

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a work session on HB 2797.

HB 2797 WORK SESSION

008

Chair Williams

Discusses the -2 amendments (EXHIBIT A).

010

David Kenagy

Executive Director, Oregon Law Commission. Submits testimony and testifies in support of HB 2797 which provides that reimbursement claim brought by public body against third-party from costs of services or benefits provided to another person is subject to same procedural rules and substantive law that would apply if claim were asserted by recipient of services or benefits directly against third party (EXHIBIT B).

027

Rep. Shetterly

Talks about the work of the Law Commission work group that introduced the bill.

066

Rep. Krummel

MOTION:  Moves to ADOPT HB 2797-2 amendments dated 07/03/03.

 

 

VOTE:  9-0

069

Chair Williams

Hearing no objection, declares the motion CARRIED.

071

Rep. Krummel

MOTION:  Moves HB 2797 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

077

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

085

Chair Williams

Closes the work session on HB 2797 and opens a work session on SB 820C.

SB 820C WORK SESSION

086

Chair Williams

Introduces SB 820C which directs Water Resources Department to allow certain transfer of point of diversion in Deschutes basin ground water study area.

096

Rep. Jenson

Talks about his work on the bill.

107

Representative Jackie Dingfelder

House District 45. Testifies in support of SB 820C and talks about C13 amendments (EXHIBIT C).

177

Rep. Krummel

Asks if all the communities were to catch their waste water would it cause any problems with the flows of the river.

197

Rep. Dingfelder

Answers that it would have to be up to Department of Environmental Quality to review the permits.

234

Rep. Jenson

Discusses SB 820C and the C13 amendments.

306

Rep. Jenson

MOTION:  Moves to ADOPT SB 820C-13 amendments dated 07/03/03.

 

 

VOTE:  9-0

308

Chair Williams

Hearing no objection, declares the motion CARRIED.

312

Rep. Jenson

MOTION:  Moves SB 820C to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

322

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

328

Chair Williams

Closes the work session on SB 820C and opens a work session on SB 297A.

SB 297A WORK SESSION

330

Chair Williams

Introduces SB 297A which requires insurer to pay all sums covered by general liability insurance policy unaffected by other insurance that may provide coverage for same environmental claim. Points out matrix submitted by Bill Taylor, counsel (EXHIBIT D).

350

Rep. Macpherson

Discusses the A20 amendments which replace the A18 amendments (EXHIBIT E).

402

Jack Munro

American Insurance Association. Testifies in support of the A19 amendments to SB 297A (EXHIBIT F).

TAPE 237, A

003

Munro

Continues his discussion on SB 297A.

054

John DiLorenzo

ICM Pharmaceuticals. Testifies on the A20 amendments to SB 297A. Suggests conceptual amendments to A20 amendments.

132

Rep. Krummel

Asks about the feasibility study.

148

DiLorenzo

Talks about the feasibility study.

176

Rep. Macpherson

Asks Mr. DiLorenzo about the definition of remedial investigation.

185

DiLorenzo

Discusses the purpose of a remedial investigation.

198

Rep. Macpherson

Explains his amendments (A20) and says that he does not want them to be amended.

226

DiLorenzo

States his concerns.

266

Tom Gallagher

Schnitzer Industry. Comments on the A20 amendments.

329

Rep. Macpherson

Asks Ms. Snider about the definition of remedial investigation.

346

Joan Snider

Attorney, representing Schnitzer Industry. States that her client is not in support of the A20 amendments and explains.

404

Chair Williams

Asks Mr. Gallagher to comment on the A19 amendments.

410

Gallagher

Supports the A12 amendments (EXHIBIT H). Discusses the A19 amendments and says he does not support them.

TAPE 236, B

019

Munro

Discusses the A19 and A20 amendments.

065

Rep. Shetterly

Talks about the A20 amendments.

088

Greg Baird

Attorney. Says that allocation by limits is one of the methods that would be eliminated.

098

Gallagher

Responds to A20 amendments and wants to make a compromise.

114

Vice Chair Ackerman

Wonders if the A20 amendments are the most logical approach.

123

Gallagher

Answers that the A20 amendments are an attempt to deal with solving the problem of all sums.

165

Lana Butterfield

Safeco Insurance Company. Says they have been working on the A20 amendments.

175

Rep. Prozanski

Asks if her client would support the changes proposed.

178

Butterfield

Answers she thinks they would.

180

Mark Nelson

Oregon Metal Industries Council. Discusses the A17 amendments (EXHIBIT G).

206

DiLorenzo

Suggests conceptual amendments.

252

David Prange

Attorney. Represents insurers in environmental insurance recovery actions. Talks about the complexities of the issues discussed.

318

Chair Williams

Comments on bill and complexity of issue.

350

Vice Chair Ackerman

MOTION:  Moves to ADOPT SB 297A-12 amendments dated 07/02/03.

356

Rep. Shetterly

Asks about the A12 amendments and the A19 amendments.

387

Bill Taylor

Committee Counsel. Explains the differences between the two amendments.

419

 

VOTE:  6-3

AYE:               6 - Ackerman, Jenson, Macpherson, Prozanski, Shetterly, Williams

NAY:               3 - Anderson, Barker, Krummel

438

Chair Williams

The motion CARRIES.

451

Vice Chair Anderson

MOTION:  Moves to ADOPT SB 297A-16 amendments dated 07/03/03 (EXHIBIT I).

458

Chair Williams

Explains that the A16 amendments would create a task force.

470

 

VOTE:  2-7

AYE:               2 - Anderson, Barker

NAY:               7 - Ackerman, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

478

Chair Williams

The motion FAILS.

483

Rep. Jenson

Comments on his vote.

496

Vice Chair Ackerman

MOTION:  Moves to ADOPT SB 297A-14 amendments dated 07/03/03 (EXHIBIT J).

 

 

VOTE:  9-0

501

Chair Williams

Hearing no objection, declares the motion CARRIED.

TAPE 237, B

039

Vice Chair Ackerman

MOTION:  Moves to ADOPT SB 297A-6 amendments dated 06/27/03 (EXHIBIT K).

 

 

VOTE:  9-0

050

Chair Williams

Hearing no objection, declares the motion CARRIED.

068

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of ADOPTING CONCEPTUAL AMENDMENTS to SB 297A.

078

Rep. Shetterly

MOTION:  Moves to ADOPT CONCEPTUAL AMENDMENTS TO SB 297A-12 dated 07/02/03, by striking lines 5 and 6.

090

Rep. Prozanski

Asks Rep. Shetterly to explain his conceptual amendments.

104

 

VOTE:  9-0

105

Chair Williams

Hearing no objection, declares the motion CARRIED.

118

Rep. Shetterly

MOTION:  Moves to ADOPT SB 297A-19 amendments dated 07/07/03.

 

 

VOTE:  9-0

130

Chair Williams

Hearing no objection, declares the motion CARRIED.

155

Rep. Macpherson

MOTION:  Moves to CONCEPTUALLY AMEND SB 297A-17 dated 07/07/03, by striking lines 1-4, and by deleting the phrase “failed to obtain general liability insurance” and inserting in its place “does not have insurance that by its terms provides coverage for environmental claims”.

 

 

VOTE:  9-0

157

Chair Williams

Hearing no objection, declares the motion CARRIED.

206

Rep. Macpherson

MOTION:  Moves to ADOPT SB 297A-17 amendments dated 07/03/03 AS CONCEPTUALLY AMENDED.

 

 

VOTE:  9-0

214

Chair Williams

Hearing no objection, declares the motion CARRIED.

221

Rep. Macpherson

MOTION:  Moves to CONCEPTUALLY AMEND SB 297A-20 amendments dated 07/07/03, by inserting on line 9 after (a) and on line 12 after (b), “it will be a rebuttable presumption that”.

 

 

VOTE:  9-0

229

Chair Williams

Hearing no objection, declares the motion CARRIED.

244

Rep. Macpherson

MOTION:  Moves to ADOPT SB 297A-20 amendments dated 07/07/03 AS CONCEPTUALLY AMENDED.

 

 

VOTE:  9-0

245

Chair Williams

Hearing no objection, declares the motion CARRIED.

247

Vice Chair Ackerman

MOTION:  Moves SB 297A to the floor with a DO PASS AS AMENDED recommendation.

 

Vice Chair Ackerman

VOTE:  8-1

AYE:               8 - Ackerman, Anderson, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               1 - Barker

263

Chair Williams

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

272

Chair Williams

Closes the work session on SB 297A and adjourns the meeting at 2:48 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2797, -2 amendments, submitted by staff, dated 7/3/03, 117 pgs.

B – HB 2797, Report from the Oregon Law Commission, Public Body: Special District Provisions, 8 pgs.

C – SB 820C, C13 amendments, submitted by staff, dated 7/3/03, 13 pgs.

D – SB 297A, matrix, submitted by staff, 1 pg.

E – SB 297A, A20 amendments, submitted by Rep. Macpherson, dated 7/7/03, 1 pg.

F – SB 297A, A19 amendments, submitted by staff, dated 7/7/03, 1 pg.

G – SB 297A, A17 amendments, submitted by staff, dated 7/3/03, 1 pg.

H – SB 297A, A12 amendments, submitted by staff, dated 7/2/03, 1 pg.

I – SB 297A, A16 amendments, submitted by staff, dated 7/3/03, 1 pg.

J – SB 297A, A14 amendments, submitted by staff, dated 7/3/03, 1 pg.

K – SB 297A, A6 amendments, submitted by staff, dated 6/27/03, 1 pg.