HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

May 09, 2005 Hearing Room B

8:30 A.M. Tapes  122 - 123

Corrected 09/30/05

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Sal Esquivel, Vice-Chair

Rep. Mike Schaufler, Vice-Chair

Rep. Paul Holvey

Rep. George Gilman

Rep. Derrick Kitts

Rep. Chip Shields

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Katie Howard, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 563A – Public Hearing

SB 929A – Public Hearing and Work Session

HB 3319 – Work Session

HB 3256 – Work Session

SB 398 – Public Hearing and Work Session

SB 259 – Public Hearing and Work Session

SB 207 – Public Hearing and 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 122, A

003

Chair Brown

Calls the meeting to order at 8:39 a.m.  Opens the public hearing on SB 563A.

SB 563A – PUBLIC HEARING

008

Janet Adkins

Committee Administrator.  Explains SB 563A.

019

Sen. Roger Beyer

Senate District 9.   Speaks in support of SB 563A.  States Rep. Richardson is recommending amendments to SB 563A.  Talks about how municipal water district would be required to send a notice to the landowner that the water bill has gone unpaid by a tenet. 

059

Rep. Dennis Richardson

House District 4.  Submits –A2 amendments and written testimony in support of the –A2 amendments (EXHIBIT A and B)

065

Trent Nissler

Central Point.  Speaks in support of the –A2 amendments.  Talks about a lack of water for a rural subdivision.  Indicates that the attempts to get water for the residents have failed.   

082

Cliff Beebee

Central Point.  Concurs with Mr. Nissler’s testimony.  States that they have worked with the Army Corp and that they have permits to get water down the river.  Says that they do not have a viable means to get water from the river to their subdivision.

094

Chair Brown

Asks if the Metro Water Commission is for the City of Medford.

095

Cliff

Says that the Medford Water District supplies water to all cities and other municipalities in the Rogue Valley.

099

Chair Brown

Asks why the Metro Water Commission cannot supply water to the subdivision.

101

Cliff

States that they have a charter that says they cannot supply water outside of the urban growth boundaries.

103

Nissler

Says that applies to the growth boundaries of other cities in the Rogue Valley as well.

104

Rep. Richardson

Says that Medford provides the infrastructure for transfering water to cities and municipalities in the Rogue Valley.  States that the subdivision is willing to pay all of the costs and the water will not come from Medford’s reservoir.  Mentions the reasons for the diminishing water supply in the subdivision (EXHIBIT B).  Talks about how water has become contaminated by pesticides.

135

Chair Brown

Asks if the Metro Water Commission can grant water transport under their charter.

136

Rep. Richardson

Notes that politics in Medford are stopping the transport of the water.

139

Rep. Esquivel

Talks about how they bought the houses even though they knew that the wells were low.  Discusses the background of the subdivision’s attempts to get water.  States that the policy of Medford has existed since the 1950s.  Says that this is about a precedence of policy.  Says that Medford only sells water to municipalities. 

167

Rep. Schaufler

Talks about water needs in Happy Valley.  Appreciates them bringing the –A2 amendments.  Asks if in West Wood they have any water rights.

185

Beebe

States that they do not have water rights other than ground water wells.  Says that they have shallow wells because there is unpalatable water deeper.

199

Nissler

Says that in the beginning the well flows could support the subdivision.  Talks about the ditches and open piping that is used for irrigation.  States that the city of Medford would like to help them and the city of Medford wants them to be annexed.  Notes that they are the only water district that has been created in the Rogue Valley in the last thirty years. 

229

Rep. Gilman

States that the issue is broader than this individual situation.  Says that the residents will not join the city if they have water and sewer services without joining the city.  Understands the subdivision’s plight.

250

Beebe

Says that the Medford urban growth boundary will never include the subdivision because there are Exclusive Farm Use (EFU) zones surrounding the subdivision. 

268

Rep. Holvey

Asks if the water quality is getting worse due to pesticides.

273

Nissler

States that the water that they have is questionable.

277

Rep. Holvey

Asks about a community reservoir.

283

Beebe

Says that more water is needed every year.  States that more than half the residents have treatment on their groundwater system.  Indicates that they cannot go deeper than 40 feet because of organic decay and a layer of clay.

308

Rep. Schaufler

Talks about water being piped off to conserve water and notes that wells are drying up because of it.

313

Beebe

Talks about an orchard that was owned by Harry and David and how they piped the ditch to conserve water.

333

Chair Brown

Closes the public hearing on SB 563A and opens the public hearing on SB 929A.

SB 929A – PUBLIC HEARING

336

Janet Adkins

Committee Administrator.  Explains SB 929A and submits the fiscal statement (EXHIBIT C)

380

Larry Campbell

Magna Entertainment Corporation.  Submits written testimony in support of SB 929A (EXHIBIT D).  Speaks in support of SB 929A.  Notes that dog racing provides 3,000 jobs in the state of Oregon.  Says that the future of horse racing is dim.  Talks about the history of dog racing and Magma’s involvement with dog racing. 

TAPE 123, A

001

Campbell

References the financials in the packet.  Addresses concerns about the increase in gambling and says that the dogs may run less days and this would keep the gambling stable. 

038

Dave Nelson

Magna Entertainment.  States that he is there to handle any technical questions and urges the committees to support SB 929A.

047

Rep. Schaufler

Asks if the bill that is on the agenda is the one Magma wants approved.

050

Campbell

States that it is important that no amendments be made to SB 929A.

053

Rep. Schaufler

Asks if Oregon is the only state with a “no kill” policy for racing dogs.

055

Campbell

Details the adoption process for greyhounds.

058

Adkins

Asks what the purpose of the percentage change in the purse percentages to the associations is.

061

Nelson

References page 2, line 14 through 22, of SB 929A.  Explains that the money encourages the breeding of horses.

074

Steve Walters

Oregon Racing Commission.  Speaks in support of SB 929A.  Says that racing has been engulfed by other forms of gambling in the state.  Indicates that race tracks cannot expand, because it is limited to one type of gambling and there are many statutes artificially regulating it.  Addresses concerns about the expansion of gambling and says that racing is a victims of the expansion of gambling in Oregon.  Says that there will be less wagering at the race tracks than last year even if SB 929A passes.

118

Rep. Holvey

Asks how much expenditures are and if there will be any fiscal impact if the bill is passed.

126

Walters

States that there will not be any additional revenue if SB 929A does pass. 

137

Jodi Hanson

Oregon Racing Commission.  Speaks in support of SB 929A.  Talks about the Grant Pass and Medford racing event that helps generate revenue for the agricultural community. 

162

Chair Brown

Closes the public hearing on SB 929A.  Opens the work session on SB 929A.

SB 929A – WORK SESSION

162

Rep. Kitts

MOTION:  Moves SB 929A to the floor with a DO PASS recommendation.

165

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

172

Chair Brown

Closes the work session on SB 929A.  Opens the work session on HB 3319.

HB 3319 – WORK SESSION.

175

Janet Adkins

Committee Administrator.  Explains HB 3319 and the -2 amendments (EXHIBIT E).  References the bottom of page 1 line 21 and talks about the time card issue. 

223

Paul Cosgrove

Eddis Healthcare.  Speaks to the -2 amendments and says that they are acceptable to all the parties at the table.

230

Rep. Schaufler

States that everyone is ready to move forward on HB 3319.

235

Rep. Kitts

MOTION:  Moves to ADOPT HB 3319-2 amendments dated 05/05/05.

237

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

240

Rep. Kitts

MOTION:  Moves HB 3319 to the floor with a DO PASS AS AMENDED recommendation.

243

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

REP. GILMAN will lead discussion on the floor.

250

Chair Brown

Closes the work session on HB 3319.  Opens the work session on HB 3256. 

HB 3256 – WORK SESSION

254

Janet Adkins

Committee Administrator.  Explains HB 3256 and explains the -1 amendments (EXHIBIT F)

273

Lisa Trussell

Associated Oregon Industries.  Speaks in support of HB 3256 with the -1 amendments.  Talks about the concerns with whistle-blowing.  Says that if an employee files a civil suit against a company that involves whistle-blowing than the employee is protected.  However in other civil cases, the protections would not apple.

293

Annette Talbot

Bureau of Labor and Industry.  Says that HB 3256 is clarifying how whistleblowers are protected in civil proceedings.

315

Rep. Kitts

MOTION:  Moves to ADOPT HB 3256-1 amendments dated 05/05/05.

317

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

319

Rep. Kitts

MOTION:  Moves HB 3256 to the floor with a DO PASS AS AMENDED recommendation.

323

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

REP. SHIELDS will lead discussion on the floor.

330

Chair Brown

Closes the work session on HB 3256.  Opens the public hearing on SB 398. 

SB 398 – PUBLIC HEARING

335

Janet Adkins

Committee Administrator.  Explains SB 398. 

348

Michael Mason

Confederated Tribes of Warm Springs.  Says that SB 398 corrects an oversight in the statutes dealing with Limited Liability Corporations (LLC) and Native American groups. 

376

Rep. Kitts

Asks if SB 398 is applicable to all tribes in Oregon.

380

Mason

States that it could but they do not know of any other tribe that operates an LLC, but that it could be.

391

Chair Brown

Closes the public hearing on SB 398.  Opens the work session on SB 398.

SB 398 – WORK SESSION

394

Rep. Kitts

MOTION:  Moves SB 398 to the floor with a DO PASS recommendation.

397

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

410

Rep. Kitts

MOTION:  Moves SB 398 be placed on the CONSENT CALENDAR.

413

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

TAPE 122, B

002

Chair Brown

Closes the work session on SB 398 and opens the public hearing on SB 259

SB 259 – PUBLIC HEARING

004

Janet Adkins

Committee Administrator.  Explains SB 259.

022

Andrew Morrow

Attorney, Portland.  Submits written testimony on SB 259 (EXHIBIT G).  States that the approach that has been taken in the past keeps the Oregon Business Corporation Act and the Oregon Nonprofit Corporation Act in line with each other.  Believes that SB 259 causes a divergence between the two acts.  Shares concern about allowing people to attend nonprofit meetings via instant messaging on computers.   

069

Chair Brown

Asks if he testified on the senate side.

071

Morrow

States that he did not.

074

Rep. Schaufler

Asks if a legal problem exists and how soon it would be before any wrongdoing would occur after SB 259 passed. 

085

Morrow

Believes that the issue is not about wrongdoing, but says that the issue is how people are included.  Talks about how teleconferencing.  States that it more difficult to have adequate communication via instant messaging than with teleconferencing.

108

Chair Brown

Closes the public hearing on SB 259 and opens the public hearing on SB 207.

SB 207 – PUBLIC HEARING

112

Janet Adkins

Committee Administrator.  Explains SB 207.

123

Sen. Vicki Walker

Senate District 7.  Speaks in support of SB 207.  Talks about the Uniform Electronic Transaction Act.  Notes that states changed the act and says that it exempted two types of insurance from being canceled by the email.  Notes that home and car insurance should not be able to be changed by electronic medium.  Discusses a motor vehicle accident that she was involved in and relates how it applies to SB 207.

201

Sen. Walker

States that e-mail was never meant to serve as a medium for insurance companies to give notice of expired policies.

223

Kevin Neely

Public Affairs and Legislative Coordinator.  Submits written testimony in support of SB 207 (EXHIBIT H).  Emphasizes that SB 207 is an important consumer protection bill.

240

Rep. Schaufler

Speaks in support of SB 207.  Talks about how a jurisdiction tested a hurricane warning system via e-mail.  Notes that the e-mails were filtered out as spam.

250

Sen. Walker

Talks about how a similar situation happened to her daughter’s boss with his car insurance. 

270

Chair Brown

Closes the public hearing on SB 207 and opens the work session on SB 207.

SB 207 – WORK SESSION

282

Rep. Kitts

MOTION:  Moves SB 207 to the floor with a DO PASS recommendation.

285

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

295

Rep. Kitts

MOTION:  Moves SB 207 be placed on the CONSENT CALENDAR.

296

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

297

Chair Brown

Closes the work session on SB 207.  Reopens the public hearing on SB 259.

SB 259 – PUBLIC HEARING

302

Bill Cross

Oregon Society of  Association Management.  Submits written testimony in support of SB 259 (EXHIBIT I).  Talks about why it is important for nonprofits to have access to electronic communication.  States that he has looked at the amendments being offered and does not believe that they are necessary.

360

Rep. Shields

Asks how dissenting members views will be heard electronically under SB 259.

372

Cross

Explains the process, which is much like a listserv than members can post messages.

384

Rep. Shields

Asks if it is like a listserv.

385

Cross

States that it is like a listserv.  Gives an example.

421

Rep. Schaufler

States that they should facilitate the ability of groups to get involved and pass SB 259. 

TAPE 123, B

007

Rep. Shields

Asks if there are actual amendments.

009

Cross

Believes that only proposed amendments exist.

011

Chair Brown

Closes the public hearing on SB 259.  Opens work session on SB 259.

SB 259 – WORK SESSION

019

Rep. Kitts

MOTION:  Moves SB 259 to the floor with a DO PASS recommendation.

023

 

VOTE:  6-1-0

AYE:               6 - Esquivel, Gilman, Holvey, Kitts, Schaufler, Brown

NAY:               1 – Shields

 

Chair Brown

The motion CARRIES.

REP. SCHAUFLER will lead discussion on the floor.

033

Chair Brown

Closes the work session on SB 259 and adjourns the meeting at 10:06 a.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 563, -A2 amendments, Rep. Dennis Richardson, 1 p
  2. SB 563, written testimony, Rep. Dennis Richardson, 1 p
  3. SB 929, fiscal statement, staff, 1 p
  4. SB 929, written testimony, Larry Campbell, 13 pp
  5. HB 3319, -2 amendments, staff, 5 pp
  6. HB 3256, -1 amendments, staff, 2 pp
  7. SB 259, written testimony, Andrew Morrow, 2 pp
  8. SB 207, written testimony, Kevin Neely, 1 p
  9. SB 259, written testimony, Bill Cross, 2 pp