HOUSE COMMITTEE ON
BUSINESS, LABOR, AND CONSUMER AFFAIRS
May 26, 2005 Hearing Room C
1:30 P.M. Tapes 146 - 147
Corrected 10/03/05
MEMBERS PRESENT: Rep. Alan Brown, Chair
Rep. Sal Esquivel, Vice-Chair
Rep. Mike Schaufler, Vice-Chair
Rep. Paul Holvey
Rep. Derrick Kitts
Rep. Chip Shields
MEMBER EXCUSED: Rep. George Gilman
STAFF PRESENT: Janet Adkins, Committee Administrator
Linda K. Gatto, Committee Assistant
MEASURES/ISSUES HEARD:
Drafting Request – Work Session
SB 120 – Public Hearing and Work Session
SB 121 – Public Hearing and Work Session
SB 501A – Public Hearing
SB 462 – Public Hearing and Work Session
SB 573A – 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 146, A |
||
004 |
Chair Brown |
Calls the meeting to order at 1:34 p.m. and opens a work session for the purpose of consideration of measure drafting request. |
DRAFTING REQUEST - WORK SESSION |
||
009 |
Rep. Brown |
MOTION: Moves the committee request permission to request a LC draft to create the Public Commission on the Oregon Legislature (EXHIBIT A). |
|
|
VOTE: 6-0-1 EXCUSED: 1 - Gilman |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
014 |
Chair Brown |
Closes the work session on the drafting request and opens a public hearing on SB 120. |
SB 120 – PUBLIC HEARING |
||
017 |
Janet Adkins |
Committee Administrator. Reviews the provisions of SB 120. |
035 |
Floyd Lanter |
Division of Finance and Corporate Securities, Department of Consumer and Business Services. Submits and summarizes prepared testimony in support of SB 120 (EXHIBIT B). Notes the matrix on page five that outlines the changes in the bill and the programs affected. |
090 |
Rep. Holvey |
Asks who enforces these organizations now. |
100 |
Lanter |
Answers collection agencies. States that the department registers the organizations and there is some authority with respect to the Attorney General. This bill seeks to fill the gaps and administer the programs more effectively. |
114 |
Jim Markee |
Oregon Collectors Association. Testifies in support of SB 120. Explains that under current law the department does not have the authority to do an investigation on an unlicensed collection agency. |
139 |
John Brenneman |
Oregon Funeral Directors. States that the Oregon Funeral Directors run a pre-need master trust. Supports SB 120. |
153 |
Chair Brown |
Closes the public hearing on SB 120 and opens the work session on SB 120. |
SB 120 – WORK SESSION |
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166 |
Rep. Kitts |
MOTION: Moves SB 120 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR. |
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|
VOTE: 6-0-1 AYE: 6 - Esquivel, Holvey, Kitts, Schaufler, Shields, Brown EXCUSED: 1 - Gilman |
176 |
Chair Brown |
The motion CARRIES. |
190 |
Chair Brown |
Closes the work session on SB 120 and opens the public hearing on SB 121. |
SB 121 – PUBLIC HEARING |
||
193 |
Janet Adkins |
Committee Administrator. Reviews the provisions of SB 121. |
205 |
Floyd Lanter |
Division of Finance and Corporate Securities, Department of Consumer and Business Services. Submits and summarizes prepared testimony in support of SB 121 (EXHIBIT C). |
267 |
Chair Brown |
Closes the public hearing on SB 121 and opens the work session on SB 121. |
SB 121 – WORK SESSION |
||
270 |
Rep. Kitts |
MOTION: Moves SB 121 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR. |
|
Chair Brown |
VOTE: 6-0-1 AYE: 6 - Esquivel, Holvey, Kitts, Schaufler, Shields, Brown EXCUSED: 1 - Gilman |
279 |
Chair Brown |
The motion CARRIES. |
291 |
Chair Brown |
Closes the work session on SB 121 and opens the public hearing on SB 501A. |
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||
SB 501A – PUBLIC HEARING |
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292 |
Janet Adkins |
Committee Administrator. Reviews the provisions of SB 501A. |
324 |
Carl Lundberg |
Deputy Administrator Insurance Division, Department of Consumer and Business Services (DCBS). Testifies in support of SB 501A as it will enable the collection of information in a useable fashion for presentation to the public. |
334 |
Lundberg |
Notes the subsequent referral to the Budget committee and states that a fiscal is not anticipated. |
361 |
Megan Sweeney |
Executive Directo, Service Employees International Union AFL-CIO, CLC (SEIU). Submits and reads prepared testimony in support of SB 501A (EXHIBIT D). |
391 |
Rep. Kitts |
Confirms there is no cost to the state. Asks if insurance companies currently provide this information. |
424 |
Sweeney |
Responds that some is provided but it varies based on carrier. States the desire is for a one- to two-page summary document that is uniform across carriers. |
441 |
Rep. Kitts |
Asks if the insurance companies provide this information electronically. |
443 |
Sweeney |
Responds that some information is available outside the Oregon Insurance website on the National Association of Insurance Commissioners (NAIC) website. Notes the limitation on the information. |
TAPE 147, A |
||
007 |
Rep. Kitts |
Summarizes the concern being expressed is the rising costs of health care. States that by mandating an insurance company to provide this information may have an adverse effect and raise costs further. |
018 |
Sweeney |
Responds that the carriers already have the information collected but it is a matter of accessibility. |
027 |
Rep. Kitts |
States that it will be an incurred cost and questions whether the benefits out weigh the costs. |
036 |
Lori Long |
Heath Net Health Plan of Oregon. Testifies in support of SB 501A. States they worked with Regence and other domestic health care carriers on a compromise with SEIU. Believes there are terms that are easy to report and beneficial to the end user. |
054 |
Pam Lolly |
Regence BC/BS. States support for SB 501A and expresses appreciation for the ability to work with Ms. Sweeney. |
064 |
Rep. Kitts |
Asks will there be a cost to implement this mandate. |
071 |
Lolly |
Answers yes, but it will be minimal, maybe an extra hour of somebody’s time. |
073 |
John Powell |
Regence BC/BS. States that there is no fiscal to DCBS. Requests that the referral to Budget be rescinded. |
|
Prepared testimony submitted for the record by Shannon Callahan, Oregon State Public Interest Research Group (EXHIBIT J) |
|
087 |
Chair Brown |
Closes the public hearing on SB 501A and opens the public hearing on SB 462. |
SB 462 – PUBLIC HEARING |
||
092 |
Janet Adkins |
Committee Administrator. Reviews the provisions of SB 462, submits reference information on the statute repealed by SB 462 (EXHIBIT E). |
111 |
Sarah Reeder |
Oregon Dental Service (ODS). Submits and summarizes prepared testimony from James M. Kennedy in support of SB 462 (EXHIBIT F). |
137 |
Jon Jurevic |
Chief Financial Officer, ODS, Testifies that this bill applies the calculation consistently between insurance subsidiaries and non-insurance subsidiaries and clarifies how the calculations perform. |
162 |
Nancy Boysen |
Manager Consumer Services and Market Regulation, Insurance Division Department of Consumer and Business Services. Submits and summarizes prepared testimony in support of SB 462 (EXHIBIT G). |
209 |
Chair Brown |
Inquires about the difference between a health care service contractor and a health care insurance provider. |
209 |
Boysen |
Responds that a health care service contractor is a non-profit corporation sponsored by doctors or hospitals and a commercial insurer is a for profit corporation. |
218 |
Chair Brown |
Closes the public hearing on SB 462 and opens the work session on SB 462. |
SB 462 – WORK SESSION |
||
220 |
Rep. Schaufler |
MOTION: Moves SB 462 to the floor with a DO PASS recommendation. |
223 |
|
VOTE: 5-0-2 AYE: 5 - Esquivel, Holvey, Schaufler, Shields, Brown EXCUSED: 2 - Gilman, Kitts
|
242 |
Chair Brown |
The motion CARRIES. REP. SHIELDS will lead discussion on the floor. |
243 |
Chair Brown |
Closes the work session on SB 462 and opens the public hearing on SB 573A. |
SB 573A – PUBLIC HEARING |
||
243 |
Janet Adkins |
Committee Administrator. Reviews the provisions of SB 573A and the -4 amendments (EXHIBIT H). |
277 |
Carl Lundberg |
Deputy Administrator Insurance Division, Department of Consumer and Business Services (DCBS). Submits prepared testimony in support of SB 573A (EXHIBIT I) and the -4 amendments. States the -4 amendments change consumer to customer because you can not rate a consumer when there is no business relationship. |
319 |
Rep. Schaufler |
Asks if there is data showing the credit/risk factor of divorce comparing when divorce were less common to the rate of divorce today. |
258 |
Lundberg |
Responds that he has not seen any data. |
346 |
Rep. Holvey |
Asks why replacement of motor vehicle or residential home was removed. |
380 |
Lundberg |
Responds this is a best practice issue and there was concern about repercussions through underwriting practices and they could not demonstrate enough complaints to merit changing the law. |
401 |
Rep. Esquivel |
Asks where the idea of credit rating come from. |
411 |
Lundberg |
Responds it was used in the lending industry and was picked up as a predictive tool by the insurance industry. |
441 |
Jon Powell |
Representing State Farm Insurance and Liberty Northwest/North Pacific. Supports the bill with the -4 amendments. Summarizes that the insurance industry as a whole supports the use of credit as an element of rating insurance. |
TAPE 146, B |
||
044 |
Rep. Schaufler |
Provides that a person who pays cash for everything or a spouse who depends on the other spouse to handle finances as examples of reasons why a person may not have a credit history. |
056 |
Powell |
Responds that these issues were addressed in the bill last session. |
083 |
Chair Brown |
Closes the public hearing on SB 573A and opens the work session on SB 573A. |
SB 573A – WORK SESSION |
||
084 |
Sen. Schaufler |
MOTION: Moves to ADOPT SB 573-A4 amendments dated 5/26/05. |
089 |
|
VOTE: 5-0-2 EXCUSED: 2 - Gilman, Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
099 |
Rep. Schaufler |
MOTION: Moves SB 573A to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the Committee on Ways and Means BE RESCINDED. |
100 |
|
VOTE: 5-0-2 AYE: 5 - Esquivel, Holvey, Schaufler, Shields, Brown EXCUSED: 2 - Gilman, Kitts |
106 |
Chair Brown |
The motion CARRIES. REP. SHIELDS will lead discussion on the floor. |
108 |
Chair Brown |
Closes the work session on SB 573A and adjourns the meeting at 2:37 p.m. |
EXHIBIT SUMMARY
J. SB 501, prepared testimony, Shannon Callahan, 1 p