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 |
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|
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 |
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|
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. |
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|
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|
HJR 8A – WORK SESSION |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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. |
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SB 209 – WORK SESSION |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
405 |
Van Winkle |
Provides an overview of the measure. |
|
415 |
Cheryl Pellegrini |
Begins to offer the background fn the measure. |
|
TAPE 57, B |
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|
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 |
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|
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 |
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|
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 |
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|
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. |
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SB 950 – WORK SESSION |
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|
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. |
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SB 672 – PUBLIC HEARING |
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|
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
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