SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT

 

 

April 28, 2005                                                                                                         Hearing Room B

1:00 P.M.                                                                                                                      Tapes 68 - 69

 

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:

                                                HB 2604A – Public Hearing

                                                SB 408A – Public Hearing

                                                SB 922 – Public Hearing

                                                SB 572 – 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 68, A

003

Chair Metsger

Calls the committee to order at 1:15 p.m.  Opens a public hearing on HB 2604A.

HB 2604A – PUBLIC HEARING

010

Chair Metsger

Summarizes previous discussion of this measure in the prior committee meeting.

030

Emily Cedarleaf

Executive Director, Multifamily Housing Council of Oregon. Testifies in regards to her concern with section 3 of HB 2604A. 

060

Cedarleaf

Describes complaints of tenants against property owners.  Outlines her concerns with the definition of “negligence” and “gross negligence”. 

085

Tim Pfau

Oregon AFSCE, Council 75.  Presents written testimony in opposition to HB 2604A (EXHIBIT A).

120

Pfau

Relates the progress made in the work group in addressing the problems with the measure as drafted.  Feels the definitions of “negligence” and “gross negligence” are the primary point of contention.

150

Pfau

Talks about the investigation process for charges of misconduct.

175

Troy Costales

Citizen representative, Real Estate Board.  Testifies in regard to the reaction of the Oregon Real Estate Board to HB 2604.    

210

Costales

Observes concerns with changes the measure would make.  Feels the -A4 amendments (EXHIBIT B) would resolve those concerns.

240

Sen. B. Starr

Points out his concern with the process.  Observes the agency being neutral with the measure in the House and then opposing it in the Senate.

261

Costales

Replies that in the intervening time a different interpretation was made as the measure went to another chamber.  Feels all parties were not actively involved, and that they have now had a chance to look at the measure.

290

Sen. Atkinson

Wonders if any other board members testified in the House.

292

Costales

States he cannot speak for other board members, but notes he did not testify.

293

Sen. Atkinson

Details his frustration with the agency over this issue.

303

Chair Metsger

Shares concerns with Sen. Atkinson.  Feels the main issue is crafting good public policy.  Invites Mr. Conley to speak about the measure.

327

Harrison Conley

Legislative Counsel.  Offers legal insight on the drafting of HB 2604 and the amendments. 

365

Conley

Details the changing of legal standard within the language of the measure.

395

Conley

Talks about the lack of clarity in establishing some of the standards in the measure.

405

Sen. Monnes Anderson

Observes this measure could only move forward with the -A4 amendments. 

TAPE 69, A

005

Sen. Monnes Anderson

Feels they should proceed with caution as she is concerned about consumer protection.

020

Sen. B. Starr

Questions if there is anything a realtor could be punished for in this bill that they wouldn’t be punished for presently.

030

Conley

Replies he doesn’t currently see how this measure raises any standards.  Offers in some ways it lowers standards.

035

Sen. B. Starr

Points out the current language covers this already.

038

Conley

Responds that it does lower the standard of conduct.

048

Sen. Deckert

Asks if there is a practical example to differentiate “negligence” and “gross negligence”.

057

Conley

Observes the difference is the amount of disregard for a professional standard.

065

Sen. Monnes Anderson

Illustrates an example.

076

Conley

Replies he cannot make a definitive judgment, but feels her example would be considered “gross negligence”. 

094

Sen. Atkinson

Relates examples of extreme “negligence” penalties in Ashland.  Feels an additional standard is needed to differentiate error from a deliberate act.

111

Conley

Clarifies the details of the story.

116

Sen. Atkinson

Reiterates the specific points of the story.

118

Conley

Considers the distinction.  Points out it is “simple negligence”.

128

Chair Metsger

Feels these issues were not adequately expressed in the House.  Asks Mr. Taylor to respond on this issue. 

152

Scott Taylor

Commissioner, Oregon Real Estate Agency.  Presents written testimony to the committee (EXHIBIT C).  Details the misinterpretations of his Agency’s position of the bill.

190

Chair Metsger

Observes this bill has divided the committee.  Wishes to have the issues surrounding this measure solved, before bringing it back for additional work.  Closes public hearing on HB 2604A.  Opens a public hearing on SB 408A.

SB 408A – PUBLIC HEARING

235

Louie Pitt Jr.

Director Government Affairs and Planning, Confederated Tribes of Warm Springs.  Defers to his colleagues to detail the measure.

247

Chair Metsger

Details the time constraint they are working under.  Requests they summarize their position.

254

Jim Noteboom

Tribal Attorney, Confederated Tribes of Warm Springs.  Supports the measure with the -A4 amendments.  Explains the proposed -A4 amendments (EXHIBIT D).

270

Mark Nelson

Industrial Customers of Northwest Utilities (ICNU).  Notes ICNU continues to oppose SB 408 even with the -A4 amendments.  Explains the points of contention.

305

Nelson

Outlines his concerns with the measure.

318

Sen. Atkinson

Wonders how they can satisfy both parties.

325

Nelson

Feels there are mechanisms in place with the Oregon Public Utilities Commission (PUC) to accomplish this now.

348

Noteboom

Describes their intent to bring this project in under market.  Clarifies the intent of the measure.

375

Sen. Atkinson

Considers the addition of a “safety brake” to the measure.  Wants to find some middle ground.

379

Noteboom

Offers they have asked for suggestions on what it will take to move this forward.

401

Chair Metsger

States the PUC would have authority to regulate the process.

405

Jeff Bissonnette

Citizens Utility Board (CUB).  Talks about the work done to satisfy their concerns about language in the bill.

TAPE 68, B

003

Bissonnette

Explains his perspective on the measure. 

018

Chair Metsger

Asks for input from the committee.

020

Sen. Deckert

Feels that they shouldn’t pass the legislation at this time.

033

Sen. B. Starr

Expresses his preference for finding a compromise.

038

Sen. Atkinson

Advocates having the various parties reach an agreement.

041

Sen. Monnes Anderson

Describes her concern with rate payers subsidizing this project.

045

Chair Metsger

Feels it is a great proposal, but the details are not yet to a point where it can be moved forward.  Closes the public hearing on SB 408A.  Opens a public hearing on SB 922.

SB 922 – PUBLIC HEARING

062

Jim Gardner

Hertz Corporation.  Notes Hertz’s approval of the -2 amendments (EXHIBIT E).

085

Chair Metsger

Asks Mr. Elkins to describe the contentions with the -2 amendments.

087

Al Elkins

Car and Truck Rental Leasing Association of Oregon.  Details the reasons he opposes the amendments. 

109

Neil Jackson

Oregon Trial Lawyers.  Discusses the changes in the language.

123

Steve Murrell

State Farm Insurance.  Explains what they were trying to do with the -2 amendment language.

129

Chair Metsger

States that many parties are in agreement.  Wonders what Mr. Elkins is specifically objecting to.

133

Al Elkins

Replies in regard to the concerns of those he presents.  Offers he does not yet have return correspondence to the exact objections in the measure.

140

Sen. Monnes Anderson

Considers the language to the -2 amendment that is being objected to.

151

Jackson

Expresses his view on the measure and the amendment that was crafted.

170

Murrell

Explains the problem they set out to solve.  Details the crafting of the insurance coverage language in the bill.

191

Chair Metsger

Discusses his support for this measure and that more work is needed.  Closes public hearing on SB 922.

SB 572 – PUBLIC HEARING

215

Chair Metsger

Notes the proposed -7 amendments now before the committee (EXHIBIT F).  Declares a potential conflict of interest as his firm works with nurses that would be impacted by this measure.

230

Brian DeLashmutt

Oregon Nurses Association (ONA).  Presents two memos and an e-mail to the committee (EXHIBIT G, EXHIBIT H, and EXHIBIT I). 

260

DeLashmutt

Describes the changes made with the -7 amendments.

290

DeLashmutt

Details the compromises reached with the various parties.

325

DeLashmutt

Talks about the process of crafting new language to the measure.

350

Chair Metsger

Thanks Mr. DeLashmutt for his testimony.  Applauds his work on this issue.

385

Bruce Bishop

Oregon Association of Hospitals and Health Systems (OAHHS).  Provides written testimony in opposition to SB 572 (EXHIBIT J). 

410

Bishop

Continues to discuss his problems with the language of the -7 amendments.

TAPE 69, B

005

Sen. Monnes Anderson

Ask what part of the amendment he is referring to.

006

Bishop

Clarifies.  Continues his testimony in opposition to SB 572.

037

Bishop

Feels some of the provisions are overly broad.

050

Dave Fiskum

Providence Health System.  Testifies in opposition to the measure.  Submits a letter from Kathy Johnson (EXHIBIT K).

070

Fiskum

Notes police reports are already made when incidents occur.

092

Sarah Reeder

Oregon Association for Home Care (OAHC).  Presents written testimony (EXHIBIT L).  Expresses her concerns with the measure.  Addresses the changes in the -7 amendments. 

125

Reeder

Relays the difficulties facing the home health industry in rural areas.  Talks about the additional constraints this legislation would place on them.  Notes the previous effort to remove home health care from the bill in the -1 amendments (EXHIBIT M).

141

Fiskum

Mentions his concerns over the penalties included in the measure.

145

Bob Joondeph

Executive Director, Oregon Advocacy Center.  Presents written testimony in opposition to SB 572 (EXHIBIT N).

167

Chair Metsger

Asks that as the measure moves through the process there will be a chance to further refine the language.

170

Marvin Fickle

Superintendent, Oregon State Hospital.  Opposes the measure as drafted and the -7 amendments.  Asks if the state police will be testifying.

174

Chair Metsger

Notes their previous testimony and that they are working with Rep. Olson on that component.

176

Fickle

Comments on the difficulty of implementing this measure.

200

Chair Metsger

Wonders if he has read the changes made in the -7 amendments.  Points out the language changes.

218

Fickle

Appreciates the attempts to address this issue, but feels it does accomplish enough.

225

Chair Metsger

Expresses his intent to move this measure forward.  Acknowledges there are refinements to be made in the other chamber.  Closes the public hearing on SB 572.  Opens a work session on SB 572.

SB 572 – WORK SESSION

244

Sen. B. Starr

MOTION:  Moves to ADOPT SB 572-7 amendments dated 4/28/05.

246

Sen. Monnes Anderson

Expresses her concern for patient safety as well as hospital staff safety.

266

Sen. Atkinson

Declares a potential conflict of interest as his wife serves on a nursing board.  Offers he does not like moving policy ahead knowing there is still work needing to be done.  Acknowledges they are running out of time and that this is an important issue.

269

Sen. Deckert

Expresses his desire to find a way to compromise on the home health care portion of the measure.

279

Sen. Monnes Anderson

Agrees with Sen. Deckert’s statement.  Relays some of her personal experience in the home health care profession.

296

 

VOTE:  5-0-0

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

297

Sen. B. Starr

Wonders if they wish to further discuss the -1 amendments.

299

Chair Metsger

Feels they are not consistent with the rest of the measure.

304

Sen. B. Starr

MOTION:  Moves SB 572 to the floor with a DO PASS AS AMENDED recommendation.

308

Sen. B. Starr

Concurs with earlier statements that there is more work to be done on this measure.

315

Chair Metsger

Agrees that there is additional work to be done.  Feels in the interest of time it is important to move it forward.

330

 

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.

332

Chair Metsger

Closes the work session on SB 572.  Adjourns the committee at 3:03 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2604A, Written testimony, Tim Pfau, 10 pp
  2. HB 2604A, -A4 amendments, staff, 1 p
  3. HB 2604A, Written testimony, Scott Taylor, 2 pp
  4. SB 408A, -A4 amendments, staff, 2 pp
  5. SB 922, -2 amendments, staff, 1 p
  6. SB 572, -7 amendments, staff, 7 pp
  7. SB 572, Memo dated 4-7-05, Brian DeLashmutt, 2 pp
  8. SB 572, Memo dated 4-19-05, Brian DeLashmutt, 1 p 
  9. SB 572, E-mail correspondence, Brian DeLashmutt, 1 p
  10. SB 572, Written testimony, Bruce Bishop, 10 pp
  11. SB 572, Letter from Kathy Johnson, Dave Fiskum, 2 pp
  12. SB 572, Written testimony, Sarah Reeder, 7 pp
  13. SB 572, -1 amendments, staff, 1 p
  14. SB 572, Written testimony, Bob Joondeph, 2 pp