SENATE COMMITTEE ON RULES

 

 

August 19, 2003                                                                                                      Hearing Room B

1:30 PM                                                                                                                     Tapes  119-120

 

MEMBERS PRESENT:         Sen. Roger Beyer, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Romy Dye, Committee Assistant

 

MEASURES HEARD:                       HB 2577 B – Public Hearing and Work Session

                                                SB 943 – Public Hearing and Work Session

                                                HB 3638 – Public Hearing and Work Session

                                                SB 925 – Public Hearing and Work Session

                                                HB 3442 B – 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 119, A

005

Co-chair Beyer

Calls the meeting to order at  1:40 PM. Opens a public hearing               on HB 2577 B.

HB 2577 B – PUBLIC HEARING

015

Rep. Laurie Monnes-Anderson

Oregon State Representative, District 50. Testifies in support of  HB 2577 B. Refers to section 4 of the bill. Discusses need for solution to shortage of health care professionals in the state. Claims need to focus on efforts by Oregon Telecommunications Coordinating Counsel (OTCC) on health care distance learning and education. Notes the program takes no general fund money.

055

Sen. David Nelson

Oregon State Senator District 29.  Testifies in support of HB 2577 B. Provides history of the bill. Discusses purpose of the bill. Refers to map submitted. Discusses parties involved in the process. Submits written material (EXHIBIT A).

085

Co-chair Beyer

Closes the public hearing on HB 2577 B and opens a work session on HB 2577 B.

HB 2577 B – WORK SESSION

090

Sen. Atkinson

MOTION:  Moves HB 2577 B to the floor with a DO PASS recommendation.

095

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. NELSON will lead discussion on the floor.

095

Co-chair Beyer

Closes the work session on HB 2577 B and opens a public hearing on SB 943.

SB 943 – PUBLIC HEARING

098

Jan McComb

Committee Administrator. Provides an overview of SB 943, which allows construction contractor to procure alternative form of security approved by Construction Contractors Board as substitute for public liability, personal injury and property damage insurance covering work of contractor. Presents -1 amendments from Sen. Schrader’s dated 8/13/03 (EXHIBIT B) and -3 amendments from Scott Barrie dated  8/19/03 (EXHIBIT C).

113

Sen. Atkinson

Expresses appreciation to the committee for their work.  

122

Scott Barrie

Oregon Building Industry Association (OBIA).  Provides introduction of  those testifying.

130

Jim Chapman

Legend Homes. Testifies in support of SB 943. Discusses the insurance crisis. Explains cost and premium increases with no coverage. Claims to propose a fix to allow to find other methods to protect self and public. Provides written material (EXHIBIT D).

170

Dan Leahy

Adair Homes Incorporated. Discusses impact of the insurance crisis on home building industry. Describes the nature of the home business. Explains costs.  Points out the mission is providing affordable housing.  Explains issue of limiting cost and seeing interest of the homebuyer creating value.

210

Dan Leahy

Discusses increase in insurance policy premiums and coverage. Explains insurance plans with Adair in nine years with the company. Describes claims. Relays comments from Craig Smith of Construction Contractors Board. States the purpose of SB 943.

245

Scott Barrie

Points out SB 943 is seen as a positive solution to the insurance crises.  Discusses positive aspects of the bill.

255

Sen. Corcoran

Asks what the nature of the two claims mentioned was.  

260

Leahy

Discusses Adair’s contract. Explains the most recent claim.  

285

Sen. Corcoran

Asks what the timeframe was for the 3,500 homes.  

288

Leahy

Asks if referring to Oregon.

289

Sen. Corcoran

Responds where the 3,500 homes were.

292

Leahy

Claims that was his experience over the last nine years with Adair.  

296

Sen. Corcoran

Asks if there is a mandatory dispute resolution process in place.

297

Leahy

Responds yes.

300

Sen. Corcoran

Points out there have been two court rulings. Asks how many mandatory dispute resolutions there have been.

302

Leahy

Responds approximately fifteen in the ten years spent with the company.

305

Sen. Brown

Asks for the -1 amendments to be addressed.   

306

Barrie

Discusses the -1 amendments.

321

Sen. Brown

Asks if there are objections to part of the amendments.

323

Barrie

Responds not on the second part but on the first part there are serious concerns.

325

Sen. Atkinson

Asks for an explanation of difficulties some of the smaller builders are having.

330

Barrie

Responds. Discusses John Carroll’s five companies he is unable to get insurance quotes for that he is moving to California.

340

Sen. Fisher

Points out there is a -3 amendment. Asks what the objection on the first part is.

350

Barrie

Discusses concern with the -1 amendment.

365

Co-chair Beyer

States HB 3264 needs a conflict amendment and will not be heard until tomorrow.

380

Jessica Harris-Adamson

Testifies in opposition of SB 943 on behalf of the Association of General Contractors. Notes needing to acquire enough insurance to get a license and points out increasing amount of litigation and unknown stock market. Expresses concerns with difficulty for small contractors to self-insure and performance bonding only insuring short-term protection. Supports finding a solution.

417

Sen. Atkinson

Clarifies -3 amendments are limited to residential.

419

Harris-Adamson

Responds yes.

TAPE 120, A

005

Steve Kafoury

Representing Oregon Remodeler’s Association. Testifies in support of SB 943. Points out it will not help in the long term and most people will not benefit.

022

Co-chair Beyer

Closes the public hearing on SB 943 and opens a work session on SB 943.

The following prepared testimony is submitted for the record without public testimony for SB 943:

                     Dana Baugher                Submits written testimony (EXHIBIT E)

SB 943 – WORK SESSION

028

Sen. Atkinson

MOTION: Moves to ADOPT SB 943-3 amendments dated

033

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

035

Sen. Atkinson

MOTION:  Moves SB 943 to the floor with a DO PASS AS AMENDED recommendation.

036

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

038

Co-chair Beyer

Closes the work session on SB 943 and opens a public hearing on HB 3638.

HB 3638 A – PUBLIC HEARING

040

Marjorie Taylor

Committee Administrator. Provides an overview of HB 3638 A, which specifies that requirement that counties provide specified mental health, developmental disabilities and drug and alcohol services applies subject to availability of funds.

045

Bob Cantine

Association of Oregon Counties. Testifies in support of  HB 3638 A. Discusses the process. Discusses current difficulty of expectations for service and county not having resources to deliver. Submits written testimony (EXHIBIT F).

057

Co-chair Beyer

Asks if any known opposition to the bill.

060

Cantine

Responds does not believe so.

067

Teresa Teeter

Client of Clackamas County Mental Health. Testifies in support of HB 3638 A.

 

 

Asks about line 23.

082

Beyer

Responds that is current law.

 

Teeter

Clarifies that affects the Oregon Health Plan (OHP). Asks when the OHP pays for funding for medicine then the public has a right to know what they are paying for.

090

Sen. Corcoran

Asks for Ms. Teeter’s concerns to be addressed.

092

Teeter

States needing an answer to the question.

 

Corcoran

Responds right.

 

Teeter

Discusses illegal bipolar neurontin medication. Refers to lines 20 & 25. Explains involvement with lawsuit against Visor. States good idea for legislature to consider filing a lawsuit to get money back. Describes personal mental state. Urges passage of the bill. 

130

Co-chair Beyer

Closes the public hearing on HB 3638 A and opens a work session on HB 3638 A.

HB 3638 A – WORK SESSION

135

Sen. Brown

MOTION:  Moves HB 3638 A to the floor with a DO PASS recommendation.

145

Sen. Corcoran

Assumes problem to be resolved is cuts made in six special sessions so not a liability for the counties.  Asks where liability exists. Supports the bill but expresses concern with handling services and what kind of leeway given to counties in providing services. 

150

 

VOTE:  6-0

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

162

Co-chair Beyer

Closes the work session on HB 3638 A and opens a public hearing on SB 925.

SB 925 – PUBLIC HEARING

166

Marjorie Taylor

Committee Administrator. Provides an overview of SB 925, which directs Director of Human Services and local mental health authorities to develop formula for distribution of moneys to counties for purpose of providing mental health services.  Presents -2 amendments proposed by Dennis Mulvihill dated 8/15/03 (EXHIBIT G).

172

Dennis Mulvihill

Washington County. Testifies in support of SB 925. Discusses three key points of the -2 amendments. Provides understanding of the purpose of the bill. Discusses timelines.

220

Scott Johnson

Testifies on behalf of the Deschutes County Commissioners, local Mental Health Advisory Board and Commission on Children and Families in support of the bill. Urges passage of the bill due to needing new method for allocating state mental health dollars. Discusses four key points in urging passage of the bill:

  • State funding
  • Inequities around Oregon
  • Difficulty with Oregon taxpayers
  • Statute needed

Claims have not seen -2 amendments. Submits written testimony  for Gary Smith (EXHIBIT H)

275

Mitch Anderson

Deputy Administrator, Benton County Health Department & President of Associated Mental Health Programs. Testifies in support of SB 925 with -2 amendments. Notes the need for a solution and consensus in terms of working with Department of Human Services and counties.

305

Angela Kimball

National Alliance for Mentally Ill of Oregon. Represents those suffering from mental illness. Believes funding should follow the client. Recognizes need for funding to allow capacity to serve. Expresses concerns:

  • Predetermined base amount could be a problem when resources limited 
  • Disparity and distribution not addressed
  • Distribution of funds for specific projects for specific needs

Feels amendments address most of the concerns.

350

Sen. Burdick

Refers to the Washington County chart. Expresses confusion with disparity and funding shown on a per capita basis. Mentions not being able to determine where the people are. Asks what would make more sense than a per capita system for evaluating how the funds are being allocated.  

372

Anderson

Responds the intent was to address that issue in the past.  Explains the goal over the past year was to compose several different formulas to get an accurate picture of where the mentally ill were within the state.  

390

Sen. Burdick

Asks if confident with -2 amendments allowing flexibility to come up with a rational formula.  

395

Anderson

Responds the -2 amendments allow flexibility to go that direction. Adds it is a difficult issue to resolve.

TAPE 119, B

010

Donna Tewksbury

Director, Columbia Community Mental Health. Explains own county affected with minimal dollars to zero dollars to provide services. Expresses need for equitable distribution of mental health money to serve people in need. Discusses waiting list for those needing to be served. Submits written testimony for others sharing concerns (EXHIBITS  I-M).  

032

Tony Hyde

Commissioner, Columbia County. Testifies in support of SB 925. States the system needs readjustment which the bill allows. Stresses the importance of the bill.

052

Rob Rockstroh

Director, Lane County Health and Human Services. States does not like the bill a lot but can live with it if amended enough. Points out wanting to make it work for everyone. Expresses concern with particular language in the bill. Feels need time to do a  process to look at system differently. States interest in having consumer and advocate groups. States need for a better broader formula that is data driven. Submits written testimony (EXHIBIT N).

110

Martha Schrader

Clackamas County Commissioner. Testifies in opposition of SB 925. Expresses concerns with the bill of which many have already been discussed in July. Submits written testimony (EXHIBIT O).

165

Melinda Mowery

Director of Mental Health Services, Clackamas County. Testifies in opposition of SB 925. Expresses concerns:

  • Lack of clarity about the funds  
  • Returning here in two years with no legislative review and making the gains hoped for in the process 
  • Discussing existing funds instead of new funds

Feels SB 925 does not address the issue it should. States there is a crisis in funding and need to look closer at various needs. Offers an alternative to work with various groups looking towards looking at funding and policy decisions with goal to return in 2005 with a new strategy. Submits written testimony (EXHIBIT P).

235

Sen. Corcoran

Believes nothing in the bill would prohibit broadening. Agrees to broadening the base to include client groups. Understands more time has been allowed for development and there is a requirement to report to the legislature. Discusses consensus versus majority rule. States a mechanism should be arranged for minority reports.  Understands concerns but with -2 amendments there is no reason why you could not express your opinion even if consensus was not reached. Urges bringing the bill forward.  

275

Mowery

Agrees. Expresses concerns with cost, time and energy looking at it in the same perspective as before and bias of a county by county system. Feels the system needs to be re-designed. Notes the bill only looks at one piece with inherent bias.  

306

Co-chair Beyer

Closes the public hearing on SB 925 and opens a work session on SB 925.

The following prepared testimony is submitted for the record without public testimony for SB 925:   

                       Rod Branyan                 Submits written testimony (EXHIBIT Q)           

SB 925 – WORK SESSION

310

Sen. Atkinson

MOTION: Moves to ADOPT SB 925-2 amendments dated 8/15/03.         

315

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Burdick

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

320

Sen. Atkinson

MOTION:  Moves SB 925 to the floor with a do pass recommendation asking the President to remove the subsequent referral to Ways and Means.

325

 

VOTE:  5-1

AYE:            5 - Co-chair Beyer, Sen. Atkinson, Sen. Corcoran. Sen. Burdick, Sen. Fisher

NAY:            1 – Sen. Brown

 

Co-chair Beyer

The motion Carries.

CO-CHAIR BEYER will lead discussion on the floor.

330

Co-chair Beyer

Closes the work session on SB 925 and opens a work session on HB 3442 B.

HB 3442 B – WORK SESSION

335

Jim Stembridge

Committee Administrator. Provides an overview of HB 3442 B, which creates Oregon Wine Board as a semi-independent state agency.  Presents –B6 amendments dated 8/14/03 (EXHIBIT R).

340

Sen. Atkinson

MOTION: Moves to adopt HB 3442 B-B6 amendments dated 8/14/03.            

345

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

350

Sen. Atkinson

MOTION:  Moves HB 3442 B to the floor with a DO PASS AS AMENDED recommendation.

355

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Brown

 

Co-chair Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

360

Co-chair Beyer

Closes the work session on HB 3442 B.  States HB 2825 A will not be heard today. Adjourns the committee at 3:00 PM.

 

EXHIBIT SUMMARY

 

A – HB 2577 B, written material, Sen. David Nelson, 3 pp

B – SB 943, -1 amendments dated 8/13/03, staff, 5 pp

C – SB 943, -3 amendments dated 8/19/03, staff, 2 pp

D – SB 943, written material, Jim Chapman, 2 pp

E – SB 943, written testimony, Dana Baugher, 1 p

F – HB 3638 A, written testimony and letters, Bob Cantine, 4 pp

G – SB 925, -2 amendments dated 8/15/03, staff, 2 pp

H – SB 925, written testimony submitted by Scott Johnson for Gary Smith, 5 pp

I – SB 925, written testimony submitted by Donna Tewksbury for Anthony Hyde, 1 p

J – SB 925, written testimony submitted by Donna Tewksbury for Stan Mendenhall, 1 p

K – SB 925, written testimony submitted by Donna Tewksbury for Chris Iverson, 1 p

L – SB 925, written testimony submitted by Donna Tewksbury, Cheryl Fautz, 1 p

M – SB 925, written testimony submitted by Donna Tewskbury, Donna Stetzel, 1 p

N – SB 925, written testimony, Rob Rockstroh, 1 p

O – SB 925, written testimony, Martha Schrader, 2 pp

P – SB 925, written testimony, Melinda Mowery, 3 pp

Q – SB 925, written testimony, Rod Branyan, 3 pp

R – HB 3442 B, -B6 amendments dated 8/14/03, staff, 3 pp