SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT

 

 

April 7, 2005                                                                                                           Hearing Room B

1:00 P.M.                                                                                                                     Tapes  56 - 59

Corrected 10/18/05

 

MEMBERS PRESENT:         Sen. Rick Metsger, Chair

Sen. Bruce Starr, Vice-Chair

Sen. Jason Atkinson

Sen. Ryan Deckert

Sen. Laurie Monnes Anderson

 

 

STAFF PRESENT:                 Theresa Van Winkle, Committee Administrator

James Goulding, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 579 – Work Session

HJR 8A – Public Hearing and Work Session

SB 171 – Public Hearing and Work Session

                                                SB 151 – Work Session

                                                SB 408 – Work Session

                                                SB 209 – Work Session

                                                SB 210 – Work Session

                                                SB 211 – Work Session

                                                SB 212 – Work Session

                                                SB 997 – Work Session

                                                SB 949 – Work Session

                                                SB 950 – Work Session

                                                SB 672 – Public Hearing

                                                SB 951 – Work Session

                                                SB 952 – Work Session

                                                SB 955 – Work Session

                                                SB 327 – Work Session

                                                SB 385 – Work Session

                                                SB 173 – Work Session

                                                SB 1008 – Public Hearing

 

 

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 56, A

003

Chair Metsger

Calls the meeting to order at 1:07 p.m.  Opens a work session on SB 579.

SB 579 – WORK SESSION

010

Theresa  Van Winkle

Committee Administrator.    Explains the proposed -3 amendment (EXHIBIT A). 

015

Chair Metsger

Clarifies the language changes made.

020

Sen. Atkinson

MOTION:  Moves to ADOPT SB 579-3 amendments dated 4/7/05.

021

 

VOTE:  3-0-2

EXCUSED:  2 - Deckert, Monnes Anderson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

022

Sen. Atkinson

MOTION:  Moves SB 579 to the floor with a DO PASS AS AMENDED recommendation.

024

 

VOTE:  3-0-2

EXCUSED:  2 – Deckert, Monnes Anderson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

025

Chair Metsger

Closes work session on SB 579.  Opens a public hearing on HJR 8A.

HJR 8A – PUBLIC HEARING

030

Rep. Patti Smith

House District 52.  Submits written testimony in favor of HJR 8A (EXHIBIT B).  Advocates the adoption of the measure making the pear Oregon’s official state fruit.

045

Chair Metsger

Welcomes the Blossom Court from Hood River and others in attendance.

050

Rep. Sal Esquivel

House District 6.  Testifies in support of HJR 8A.  Comments on the pear industry within the state.

083

Dani Peters

2005 Blossom Court, Hood River Valley High School.  Testifies in support of HJR 8A.

089

Lisa Perry

2005 Blossom Court, Hood River Valley High School.  Provides comments in favor of HJR 8A

096

Ariel MacMillan

2005 Blossom Court, Hood River Valley High School.  Offers her support for the measure.

103

Hannah Mason

2005 Blossom Court, Hood River Valley High School.  Speaks in favor of HJR 8A

115

John McCulley

Tree Fruit Growers.  Observes that there is no opposition to the measure amongst the various fruit growing groups.

127

Kevin Moffitt

President, Pear Bureau Northwest.  Presents written testimony (EXHIBIT C) and “Case for Making Pears...” packet (EXHIBIT D).  Makes the case for the pear being the state fruit.

167

Moffitt

Continues presenting his written testimony.

175

Chair Metsger

Voices his approval for their efforts on this measure.

183

Sen. Monnes Anderson

Questions how the pear compares with berries in terms of crop value.

187

Moffitt

Compares the pear industry with other fruit industries within the state.

201

Chair Metsger

Closes public hearing on HJR 8A.  Opens a work session on HJR 8A.

 

HJR 8A – WORK SESSION

220

Sen. B. Starr

MOTION:  Moves HJR 8A be sent to the floor with a BE ADOPTED recommendation.

223

Sen. Monnes Anderson

Comments on her bias for berries as the state fruit, but notes she will not oppose this measure.

235

 

VOTE:  5-0-0

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

237

Chair Metsger

Closes work session on HJR 8A and opens a public hearing on SB 171.

SB 171 – PUBLIC HEARING

238

Chair Metgser

Reiterates prior discussion on the measure.  Points out there are -4 (EXHIBIT E) and -6 amendments (EXHIBIT F) before the committee.  Notes his preference for adopting the -6 amendments and then moving the measure to Revenue.

260

Sen. B. Starr

Asks for clarification on the differences between the -4 and -6 amendments.

263

Theresa Van Winkle

Committee Administrator.  Offers that the -6 amendments clarify technical issues in the -4 amendments.

268

Chair Metsger

Notes additional modifications.

274

Sen. Monnes Anderson

Clarifies that they are only considering the -6 amendments.

281

Rick Willis

Executive Director, Oregon Public Utilities Commission (PUC).  Defers to Mr. Graham to explain the amendments.

285

Chair Metsger

Asks Mr. Graham to provide a walkthrough of the amendments.

290

Paul Graham

Attorney General, PUC.  Summarizes the amendments.

297

Sen. B Starr

Asks about for clarification on how a utility would make their case to the PUC.

300

Graham

Explains the process.

320

Sen. B. Starr

Considers the timeframe for the process.

235

Graham

Offers that it is designed to be resolved quickly.

335

Sen. B. Starr

Asks if he has shared the amendments with utilities.

337

Graham

Replies that he has.  Explains the various suggestions from utilities.  Notes the changes made to the language to address their concerns.

345

Sen. B. Starr

Wonders if PacifiCorp has commented on the amendments.

350

Willis

Prefers to allow PacifiCorp to explain their views.

355

Chair Metsger

Requests for Mr. Lynch to come forward on behalf of PacifiCorp.

360

Kevin Lynch

PacifiCorp.  Voices that they have not had time to review the amendments in great detail.  Notes they do not have a problem with the rate portion of the amendment.

375

Chair Metsger

Notes there will be an additional public hearing when this measure moves to Revenue.  Closes public hearing on SB 171.  Opens a work session on SB 171.

SB 171 – WORK SESSION

380

Sen. B. Starr

MOTION:  Moves to ADOPT SB 171-6 amendments dated 4/7/05.

381

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

383

Sen. B. Starr

MOTION:  Moves SB 171 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue.

385

Sen. B. Starr

States he is not entirely comfortable with measure as it is now, and will reconsider it on the floor depending on the action taken in Revenue.

387

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

390

Chair Metsger

Closes work session on SB 171.  Opens a work session on SB 151.

SB 151 – WORK SESSION

393

Chair Metsger

Summarizes the prior public hearing on the measure. 

400

Sen. Alan Bates

Senate District 3.  Offers some history of the issue being addressed.

TAPE 57, A

005

Sen. Bates

Discusses Personal Injury Protection (PIP) minimum amounts and the impact of previous legislation.  Notes there are several sets of amendments before the committee.  Discusses -2 (EXHIBIT G), -4 (EXHIBIT H), and -5 amendments (EXHIBIT I).  Advocates adoption of the -4 amendments.

022

John Powell

State Farm Insurance.  Supports the adoption of -4 amendments.  Points out they have not have yet had time to assess all the details of the language.  Offers that they will continue to evaluate the bill as it moves through the process.

050

Doug Barber

PeaceHealth, Sacred Heart Hospital in Eugene.  Relates the previous session’s legislation and the need to fix the unintended consequences.

064

Sen. B. Starr

Wonders who will be profiting and who will be losing money as a result of this measure.

070

Sen. Bates

Indicates the intent is to assist hospitals and trauma centers.  Discusses the fee schedule rates.

083

Sen. B. Starr

Asks if this will raise interest rates.

085

Barber

Replies in regards to PIP cost limits and potential effects.

100

Sen. Bates

Relays that the current PIP level was set in the 1970s.  Notes the change is very small compared to inflation.

109

Barber

Clarifies the cost shift.

117

Sen. Bates

States that this measure will protect trauma centers, which assist those with the most critical needs.

125

Chair Metsger

Mentions they have been primarily discussing the -4 amendments.  Asks that they discuss the -2 amendments. 

132

Powell

Notes the changes the -2 amendments make to the PIP amounts.

165

Sen. B. Starr

Considers the -5 amendments.

166

Powell

Notes the reason for having the -5 amendment drafted.  Advocates the -4 amendment over the -5 version.

174

Sen. B. Starr

MOTION:  Moves to ADOPT SB 151-4 amendments dated 4/6/05.

175

 

VOTE:  4-0-1

EXCUSED:  1 - Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

177

Sen. B. Starr

MOTION:  Moves to ADOPT SB 151-2 amendments dated 3/31/05.

179

 

VOTE:  4-0-1

EXCUSED:  1 - Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

182

Sen. B. Starr

MOTION:  Moves SB 151 to the floor with a DO PASS AS AMENDED recommendation.

184

Sen. B. Starr

Advocates caution in addressing issues like this.  Points out the factors involved, and the desire to keep insurance rates low. 

190

 

VOTE:  4-0-1

EXCUSED:  1 - Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. BATES will lead discussion on the floor.

193

Chair Metsger

Closes work session on SB 151.  Opens a work session on SB 408.

SB 408 – WORK SESSION

217

Sen. Ben Westlund

Senate District 27.  Discusses the -3 amendments (EXHIBIT J) which replace the original language of the measure.  Advocates the responsible management of forest resources and greater cooperation with native tribes.

253

Michael Mason

Confederated Tribes of Warm Springs.  Introduced Mr. Potts to the committee.  Submits testimony on behalf of Ron Suppah (EXHIBIT K).

263

Larry Potts

General Manager, Warm Springs Forest Products.  Testifies in favor of SB 408 with the -3 amendments.  Talks about the jobs that will be created through economic expansion in an environmentally friendly manner.

300

Potts

Explains the long term benefits of the project, including the reduction of wildfires.

335

Potts

Discusses renewable potential of bio-mass fuel.

365

Chair Metsger

Expresses appreciation for the work of Sen. Westlund and members of the tribe.

381

Sen. Westlund

Appreciates the assistance of Chair Metsger.

384

Sen. Monnes Anderson

Notes she supports the bill except for the ability to sell energy above market level.  Fears rates will be raised as a result.

400

Sen. Westlund

Clarifies that market forces are at work and there has to be a willing buyer.

TAPE 56, B

005

Sen. Westlund

Mentions that in the overall picture it is a very small amount of power being generated.

010

Potts

Replies there is no firm quantification of the public benefit.  Points out that this pilot project will show very strong social and economic value.

025

Sen. Monnes Anderson

Reiterates her discomfort with the proposal.  Feels the costs will outweigh the benefits.

033

Sen. Westlund

Mentions that if this measure prevents even one forest fire, the benefits will outweigh the costs.

045

Sen. B. Starr

MOTION:  Moves to ADOPT SB 408-3 amendments dated 4/4/05.

047

 

VOTE:  3-1-1

AYE:               3 - Atkinson, Starr B., Metsger

NAY:               1 - Monnes Anderson

EXCUSED:     1 - Deckert

 

Chair Metsger

The motion CARRIES.

050

Sen. B. Starr

MOTION:  Moves SB 408 to the floor with a DO PASS AS AMENDED recommendation.

053

 

VOTE:  3-1-1

AYE:               3 - Atkinson, Starr B., Metsger

NAY:               1 - Monnes Anderson

EXCUSED:     1 - Deckert

 

Chair Metsger

The motion CARRIES.

SEN. WESTLUND will lead discussion on the floor.

055

Chair Metsger

Closes work session on SB 408.  Opens a work session on SB 209.

SB 209 – WORK SESSION

065

Theresa Van Winkle

Committee Administrator.  Explains the provisions of the measure.  Points out that there are -1 amendments (EXHIBIT L).

080

Cheryl Pellegrini

Assistant Attorney General, Department of Justice (DoJ).  Notes that the -1 amendments do not include all the changes requested.  Discusses the need for additional revisions.    

099

Sen. B. Starr

Asks if these are the only amendments before the committee.

103

Van Winkle

Replies that the -1 amendments were received earlier in the day.

105

Sen. B. Starr

Observes the time since the first public hearing.  Wonders why there are not additional amendments.

110

Chair Metsger

Requests that they hold off on this measure.

117

Pellegrini

Reiterates that the language was submitted to legislative counsel. 

120

Chair Metsger

Comments that they do not have the proper amendment before them and will not take action at this time.  Closes work session on SB 209.  Puts the committee at ease at 2:13 p.m.

135

Chair Metsger

Calls the committee back to order at 2:14 p.m.  Apologizes for missing that Mr. Nelson wanted to testify on SB 408.  Re-opens the work session SB 408.

SB 408 – WORK SESSION

140

Mark Nelson

Industrial Customers of Northwest Utilities.  Submits membership list of the utilities (EXHIBIT M). Offers commentary on the language of the measure, commends the work of the Warm Springs Tribe.  Presents his concerns for making the proposal economical.  Opposes the measure as currently amended by the -3 amendments.

194

Chair Metsger

Offers it is a limited pilot project.  Hopes that Mr. Nelson will continue to track the bill through the process.

215

Nelson

States that he hopes to see additional changes made to the measure as it moves forward.

220

Chair Metsger

Closes work session on SB 408.  Opens a work session on SB 210.

SB 210 – WORK SESSION

227

Van Winkle

Explains the provisions of the measure.  Notes the presence of -2 (EXHIBIT N) and -4 amendments (EXHIBIT O).

237

Sen. B. Starr

Considers which amendments they wish to move.

240

Chair Metsger

Asks that Mr. Powell come forward to explain the -4 amendments.  Remarks on the difficulty of finding the proper language for the sign.

249

John Powell

State Farm Insurance.  Provides additional explanation of the -4 amendments.

252

Shawn Miller

Property Casualty Insurers Association. Comments that the -4 amendments should be a part of the measure.

255

Chair Metsger

Reiterates that they feel it would be a fair balance.

260

Kevin Neely

Executive Assistant to the Attorney General.  Notes he has no concerns with either amendments.

275

Sen. Monnes Anderson

Voices her concerns with language in the -4 amendments.  Feels the measure does not accomplish anything for the consumer.

292

Neely

Notes it is valuable for consumers to understand the agreements made between insurance companies and auto shops. 

307

Sen. Monnes Anderson

Expresses her feelings that this measure is not reasonable.  Relates her feelings that simply posting a sign will not have much impact.

324

Chair Metsger

States they will return to this measure.  Closes work session on SB 210.  Opens a work session SB 211.

SB 211 – WORK SESSION

330

Fred Boss

Assistant Attorney General, Oregon Department of Justice.  Provides details on the -2 amendments (EXHIBIT P). 

363

Chair Metsger

Observes the -2 encompass the previous -1 amendments.

370

Sen. B. Starr

MOTION:  Moves to ADOPT SB 211-2 amendments dated 4/7/05.

373

 

VOTE:  4-0-1

EXCUSED:  1 - Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

376

Sen. B. Starr

MOTION:  Moves SB 211 to the floor with a DO PASS AS AMENDED recommendation.

378

 

VOTE:  5-0-0

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

382

Chair Metsger

Closes work session SB 211.  Opens a work session on SB 212.

SB 212 – WORK SESSION

405

Van Winkle

Provides an overview of the measure.

415

Cheryl Pellegrini

Begins to offer the background fn the measure.

TAPE 57, B

005

Pellegrini

Assistant Attorney General, Department of Justice.  Continues to discuss the measure.  Submits a letter from Charles Harwood (EXHIBIT Q).

039

Sen. B. Starr

MOTION:  Moves SB 212 to the floor with a DO PASS recommendation.

049

 

VOTE:  4-1-0

AYE:               4 - Deckert, Monnes Anderson, Starr B., Metsger

NAY:               1 - Atkinson

 

Chair Metsger

The motion CARRIES.

SEN. METSGER will lead discussion on the floor.

051

Chair Metsger

Closes the work session on SB 212.  Opens a work session on SB 210.

SB 210 – WORK SESSION

053

Sen. B. Starr

MOTION:  Moves to ADOPT SB 210-2 amendments dated 3/31/05.

055

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Deckert, Starr B., Metsger

NAY:               1 - Monnes Anderson

 

Chair Metsger

The motion CARRIES.

057

Chair Metsger

MOTION:  Moves SB 210 to the floor with a DO PASS AS AMENDED recommendation.

060

Sen. Atkinson

Remarks that he will oppose this measure.

066

 

VOTE:  3-2-0

AYE:               3 - Deckert, Starr B., Metsger

NAY:               2 - Atkinson, Monnes Anderson

 

Chair Metsger

The motion CARRIES.

SEN. METSGER will lead discussion on the floor.

068

Chair Metsger

Closes the work session on SB 210.  Opens a work session on SB 997.

SB 997 – WORK SESSION

070

Van Winkle

Explains the provisions of SB 997.  Notes the -3 amendments before the committee (EXHIBIT R).

082

Darrell Fuller

Oregon Auto Dealers Association.  Notes he has just received the -3 amendments.  States that the amendments appear to address all prior concerns.

099

Cheryl Pellegrini

Points out additional details of the measure.

105

Sen. Monnes Anderson

Inquires about the cost difference between paper and electronic filing.

107

Pellegrini

Clarifies the costs.

110

Sen. Monnes Anderson

Asks what the price is now.

111

Pellegrini

Replies is has not changed.

114

Fuller

Notes the current difference in statute.

122

Sen. B. Starr

MOTION:  Moves to ADOPT SB 997-3 amendments dated 4/7/05.

127

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

130

Sen. B. Starr

MOTION:  Moves SB 997 to the floor with a DO PASS AS AMENDED recommendation.

133

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. B. STARR will lead discussion on the floor.

140

Chair Metsger

Closes work session on SB 997.  Opens a work session on SB 949.

SB 949 – WORK SESSION

143

Van Winkle

Explains the provisions of the measure.  Notes there are -2 amendments to the measure (EXHIBIT S).

153

Neil Jackson

Oregon Trial Lawyers Association.  Discusses the method of reaching an agreement through the -2 amendments.

167

Steve Murrell

Claim Attorney, State Farm Insurance.  Concurs they have reached an agreement through the -2 amendments.

177

Chair Metsger

Asks if they are comfortable to move this forward.

180

Murrell

Replies they are.

185

Sen. B. Starr

MOTION:  Moves to ADOPT SB 949-2 amendments dated 4/4/05.

187

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

190

Sen. B. Starr

MOTION:  Moves SB 949 to the floor with a DO PASS AS AMENDED recommendation.

193

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. DECKERT will lead discussion on the floor.

195

Chair Metsger

Closes the work session on SB 949.  Opens a work session on SB 950.

SB 950 – WORK SESSION

197

Van Winkle

Describes the provisions of the measure.  Points out the -2 amendment before the committee (EXHIBIT T).

203

Murrell

Provides and summary of prior testimony.  Testifies in favor to the -2 amendment, aside from some minor technical issues.

237

Chair Metsger

Appreciates their efforts to clarify the law.  Wonders if there is any trouble moving this forward.

243

Murrell

Offers that he has no concerns with this measure moving forward.  Notes there may be additional issues to be addressed in the other chamber.

249

Sen. Deckert

MOTION:  Moves to ADOPT SB 950-2 amendments dated 4/7/05.

253

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, B. Starr

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

257

Sen. Deckert

MOTION:  Moves SB 950 to the floor with a DO PASS AS AMENDED recommendation.

260

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, B. Starr

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

263

Chair Metsger

Closes the work session on SB 950.  Opens a public hearing on SB 672.

SB 672 – PUBLIC HEARING

267

Chair Metsger

Editor/Publisher of the Mount Scott Monitor.  Explains the history of the measure.  Notes the immense complexity of the measure.

300

Philip Robbins

Resident of Portland.  Summarizes the issues being faced.  Presents written testimony (EXHIBIT U) and a CD-ROM (EXHIBIT V). 

350

Robbins

Details the concerns related to electing condominium representatives.

400

Robbins

Talks about the problems with disclosure.

TAPE 58, A

005

Robbins

Concludes his testimony.

020

Chair Metsger

Summarizes the details of his testimony.

024

Richard Vial

Attorney, Vial Fotheringham LLP.  Discusses his experience as part of the Condominium Homeowner’s Association Working Group. 

045

Vial

Talks about various administrative election structures.

072

Vial

Discusses the proposed -2 amendments to SB 672 (EXHIBIT W). 

081

Chair Metsger

Suggests Mr. Carlson summarize the various amendments before them.

090

Eric Carlson

Senate Majority Office.  States the theory behind SB 672 in helping to provide balance among home owner associations.  Presents a written summary (EXHIBIT X) to the committee.

125

Carlson

Further discusses the issues addressed by the measure and the -2 amendments.  Points out additional -4 amendments (EXHIBIT Y).

155

Chair Metsger

Discusses the need to bring this issue forward at this time.  Offers there is a lot of additional work to be done.  Asks which issues can be worked out and decided this session.

170

Robbins

Observes that this is a work in progress.

177

Chair Metsger

Asks that they work further on it and present their findings back to the committee.

183

Vial

Proposes they hold a working group on the disclosure issue.

187

Chair Metsger

Relays his concerns.  Remarks that they have the expertise to work these issues out.

203

Vial

Reiterates his desire to address the issue and take action.

212

Chair Metsger

Comments that there is a lot more work ahead before this measure can move forward. Closes public hearing SB 672.  Opens a work session SB 951.

SB 951 – WORK SESSION

230

Van Winkle

Explains the provisions of the measure and the -1 amendments (EXHIBIT Z).

240

Neil Jackson

Comments that they have been unable to reach a consensus on this measure. 

260

Steve Murrell

Concurs with Mr. Jackson.  Offers that they attempted to check the potential cost changes, but could not find an exact number.

273

Chair Metsger

Asks if he has any historical data on this issue.

277

Murrell

Relates that there have been changes across different states.  Provides some details on the variables.

293

Chair Metsger

States that he doesn’t feel comfortable moving the bill at this time.

316

Sen. Deckert

Feels this is an equity issue.  Offers he is willing to pay more to ensure the coverage of family members.

325

Chair Metsger

Offers his hopes for working out a solution.  Closes work session on SB 951.  Opens a work session SB 952.

SB 952 – WORK SESSION

335

Jackson

Testifies, that once again they have been unable to find common ground.

347

Chair Metsger

Asks for Mr. Murrell’s take on this subject.

351

Murrell

Comments on the reasons they were unable to reach an agreement.

376

Chair Metsger

Wonders about the cost change if this measure went into law.

386

Murrell

Offers it hinges on when someone is “made whole” after an injury, which is difficult to quantify.

399

Chair Metsger

Remarks that there is more work to be down.  Closes work session SB 952.  Opens a work session on SB 955.

SB 955 – WORK SESSION

403

Van Winkle

Explains the provisions of the measure.  Points out there -1 amendments before the committee (EXHIBIT AA).

TAPE 59, A

004

Chair Metsger

Notes the inclusion of a letter from the Oregon Real Estate Agency (EXHIBIT BB). 

010

Barry Pack

Committee to Protect Condominium Developers and Homeowners.  Details the -1 amendments.  Advocates their adoption.

027

Chair Metsger

Notes the concerns of the committee in regards to impacts on Oregon consumers.

039

Brian DeMarco

Oregon Real Estate Agency.  Notes he has no opposition to SB 955 as drafted.  Discusses his concerns with the -1 amendments.

080

DeMarco

Continues addressing his concerns with the -1 amendments.

105

Chair Metsger

Expresses his own concerns with the -1 amendments.  Observes this measure will not be moving today.

117

Pack

Replies that all parties will work for a compromise.

120

DeMarco

Discusses a prior workgroup.

121

Vial

Supports the idea of addressing these issues.  Does not support passing SB 955 without amendments.  Feels they need a new set of amendments.

142

Jana Jarvis

Oregon Association of Realtors.  States they are monitoring the measure at this time.

150

Chair Metsger

Asks for the opinion of the committee.

155

Sen. Deckert

Feels they should move the base bill.

161

Chair Metsger

Offers they should hold the measure to give time to address some of the issues.  Closes work session on SB 955.  Opens a work session on SB 327.

SB 327 – WORK SESSION

175

Van Winkle

Discusses the provisions of the measure.  Notes there are -1 amendments (EXHIBIT CC).

179

Jan Amling

Consumer Credit Counseling Service.  Explains the -1 amendments.

203

Sen. B. Starr

MOTION:  Moves to ADOPT SB 327-1 amendments dated 3/31/05.

204

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

207

Sen. B. Starr

MOTION:  Moves SB 327 to the floor with a DO PASS AS AMENDED recommendation.

209

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. MORSE will lead discussion on the floor.

210

Chair Metsger

Closes work session on SB 327.  Opens a work session on SB 209.

SB 209 – WORK SESSION

212

Chair Metsger

Observes more time is needed to examine the amendments.  Closes work session on SB 209.  Opens a work session on SB 385.

SB 385 – WORK SESSION

214

Van Winkle

Explains the provisions of the measure.  Notes there are -2 amendments to SB 385 (EXHIBIT DD).

218

Bob Keith

Administrator, Oregon Appraiser Certification and Licensure Board (ACLB).  Talks about difficulties with earlier drafts of the measure in regard to fingerprint technology.

230

Chair Metsger

Remarks on the amount of work put into making a compromise.

237

Sen. B. Starr

Questions the extent of changes made by the -2 amendments.

242

Keith

Points out they are primarily to delete the fingerprint requirements.

245

Sen. B. Starr

MOTION:  Moves to ADOPT SB 385-2 amendments dated 4/7/05.

247

Sen. Monnes Anderson

Asks if there is a general fund impact.

249

Keith

Replies that civil penalties go into the general fund.  States they are attempting to correct that.

253

Sen. Monnes Anderson

Questions the extent of impact.

257

Van Winkle

Clarifies the difference.

260

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

263

Sen. B. Starr

MOTION:  Moves SB 385 to the floor with a DO PASS AS AMENDED recommendation.

265

Sen. Monnes Anderson

Asks if the measure needs to go to Ways and Means.

267

Chair Metsger

Clarifies that it does not.

270

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. MONNES ANDERSON will lead discussion on the floor.

280

Chair Metsger

Closes work session on SB 385.  Observes they no longer have a quorum.  Calls for a recess at 3:40 p.m.

300

Chair Metsger

Calls the committee back to order at 3:51 p.m.  Observes the committee now has a quorum. Opens a work session on SB 173.

SB 173 – WORK SESSION

307

Van Winkle

Explains the provisions of the measure.

312

Chair Metsger

Summarizes the previous public hearing.

320

Mike Marsh

Oregon Department of Transportation (ODOT).  Submits a letter to the committee (EXHIBIT EE).  Summarizes the process changes being made.

357

Chair Metsger

Comments on the letter passed out.  Asks if he has talked to the other committee members about their earlier concerns.

370

Marsh

Replies that the letter was written to address those concerns.

389

Sen. B. Starr

Wonders if there is any opposition to the bill.

390

Marsh

Relays that they have addressed all concerns.

392

Chair Metsger

Asks Mr. Marsh to provide additional feedback.

397

Marsh

Provides greater detail on the degree of customer satisfaction and amount of contracts granted.

405

Jessica Harris Adamson

Associated General Contractors.  Notes her support of the measure. 

TAPE 58, B

003

Sen. B. Starr

MOTION:  Moves SB 173 to the floor with a DO PASS recommendation.

005

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. DECKERT will lead discussion on the floor.

007

Chair Metsger

Closes work session on SB 173.  Opens a work session on SB 209.

SB 209 – WORK SESSION

010

Chair Metsger

States that they now have the -2 (EXHIBIT FF) amendments before them.

015

Pellegrini

Reviews the provisions of the -2 amendments.

021

Chair Metsger

Asks for the principle changes introduced by the -2 amendments.

025

Pellegrini

Details the changes introduced by the -2 amendments to address prior concerns of committee members.

067

Pellegrini

Discusses the addition of “safe harbor” language to the bill.

097

Chair Metsger

Observes the complications of the issue and the improvements the -2 amendments introduce.  Feels this is the type of measure people do not consider until a catastrophe occurs.

119

Sen. Deckert

Considers if they inserted the gas provision.

120

Chair Metsger

Replies it is now in the measure.

123

Sen. B. Starr

MOTION:  Moves to ADOPT SB 209-2 amendments dated 4/7/05.

125

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

127

Sen. B. Starr

MOTION:  Moves SB 209 to the floor with a DO PASS AS AMENDED recommendation.

129

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

135

Harrison Conley

Legislative Counsel.  Praises the efforts of counsel staff in getting the amendment before the committee.

140

Chair Metsger

Expresses his appreciation for their efforts.  Closes work session on SB 209.  Opens a public hearing on SB 1008.

SB 1008 – PUBLIC HEARING

150

Chair Metsger

Provides a background on SB 1008.  Asks Sen. Deckert to update the committee on the status of the measure.

159

Sen. Deckert

Notes the individuals involved to bring this forward and the groups meeting to work out the details.

177

Sen. Deckert

Discusses the proposed model for a public corporation that operates like a private corporation. 

190

Sen. Deckert

Details the governing of the company and working for the public benefit.

210

Sen. Deckert

Offers additional information will be provided at the next meeting.

217

Van Winkle

Notes that they cannot yet post Senate Measures for the next meeting.

223

Chair Metsger

Comments that they will work to bring these issues back as soon as possible.  Closes the public hearing on SB 1008.  Adjourns the committee at 4:16 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. SB 579, -3 amendments, staff, 2 pp
  2. HJR 8A, Written testimony, Rep. Patti Smith, 1 p
  3. HJR 8A, Written testimony, Kevin Moffitt, 2 pp
  4. HJR 8A, “Presenting the Case for Making Pears...”, Kevin Moffitt, 10 pp
  5. SB 171, -4 amendments, staff, 7 pp
  6. SB 171, -6 amendments, staff, 7 pp
  7. SB 151, -2 amendments, staff, 3 pp
  8. SB 151, -4 amendments, staff, 1 p
  9. SB 151, -5 amendments, staff, 1 p
  10. SB 408, -3 amendments, staff, 2 pp
  11. SB 408, Written testimony of Ron Suppah, Michael Mason, 4 pp
  12. SB 209, -1 amendments, staff, 2 pp
  13. SB 408, Membership List, Mark Nelson, 1 p
  14. SB 210, -2 amendments, staff, 1 p
  15. SB 210, -4 amendments, staff, 2 pp
  16. SB 211, -2 amendments, staff, 2 pp
  17. SB 212, Letter from Charles Harwood, Cheryl Pellegrini, 1p
  18. SB 997, -3 amendments, staff, 3 pp
  19. SB 949, -2 amendments, staff, 1 pp
  20. SB 950, -2 amendments, staff, 6 pp
  21. SB 672, Written testimony, Phil Robbins, 5 pp
  22. SB 672, CD ROM, Phil Robbins
  23. SB 672, -2 amendments, staff, 136 pp
  24. SB 672, Summary Proposed Amendments to SB 672, Richard Vial, 7 pp
  25. SB 672, -4 amendments, staff, 2 pp
  26. SB 951, -1 amendments, staff, 1 p

      AA.  SB 955, -1 amendments, staff, 4 pp

      BB.  SB 955, Oregon Real Estate Agency Letter, Brian DeMarco, 3 pp

CC.  SB 327, -1 amendments, staff, 1 p

DD.  SB 385, -2 amendments, staff, 1 p

EE.   SB 173, Written testimony, Mike Marsh, 3 pp

FF.   SB 209, -2 amendments, staff, 2 pp