SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT
May 10, 2005 Hearing Room B
1:00 P.M. Tapes 70 - 71
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 2084 A – Public Hearing and Work Session
HB 2096 A – Public Hearing and Work Session
HB 2072 – Public Hearing and Work Session
HB 2075 – Public Hearing and Work Session
HB 3088 – Public Hearing and Work Session
HB 3089 A – Public Hearing and Work Session
HB 2160 A – Public Hearing and Work Session
SB 922 – Work Session
SB 671 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 70, A |
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|
003 |
Chair Metsger |
Calls the meeting to order at 1:05 p.m. Opens a public hearing on HB 2084 A. |
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HB 2084 A – PUBLIC HEARING |
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|
012 |
Paul Donheffner |
Director, Oregon State Marine Board. Submits and summarizes written testimony in favor of HB 2084 A (EXHIBIT A). |
|
051 |
Paul Rainey |
Oregon Guides and Packers Association. Presents written testimony in favor of HB 2084 A (EXHIBIT B). |
|
060 |
Sen. Atkinson |
Asks why the Snake River is not addressed in the bill. |
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061 |
Donheffner |
Replies that reciprocity with Idaho on the Snake River is addressed in the bill, but notes that there have been no issues with Idaho on the Snake Rivers as with Washington on the Columbia River. |
|
065 |
Sen. Atkinson |
Asks about the issue of guide trips originating in California. |
|
069 |
Donheffner |
Answers that Oregon does not share boundary waters with California as with the Snake or Columbia Rivers. |
|
071 |
Sen. Atkinson |
Asks if the issue is the same even without boundary waters. |
|
075 |
Donheffner |
Answers that the issue of reciprocity has not been raised on the Klamath River. |
|
080 |
Sen. B. Starr |
Closes the public hearing and opens a work session on HB 2084 A. |
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HB 2084 A – WORK SESSION |
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|
082 |
Sen. Atkinson |
MOTION: Moves HB 2084 A to the floor with a DO PASS recommendation. |
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084 |
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VOTE: 3-0-2 EXCUSED: 2 - Metsger, Monnes Anderson |
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|
Sen. B. Starr |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
|
088 |
Sen. B. Starr |
Closes the work session on HB 2084 A. Opens a public hearing on HB 2096 A. |
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HB 2096 A – PUBLIC HEARING |
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|
090 |
Theresa Van Winkle |
Committee Administrator. Explains the provisions of the measure. |
|
095 |
Brian DeMarco |
Manager for Land Development and Policy Coordination, Oregon Real Estate Agency. Presents written testimony in favor of HB 2096 A (EXHIBIT C). |
|
141 |
Sen. B. Starr |
Closes the public hearing and opens a work session on HB 2096 A. |
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HB 2096 A – WORK SESSION |
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|
145 |
Chair Metsger |
MOTION: Moves HB 2069 A to the floor with a DO PASS recommendation. |
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147 |
|
VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
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|
Sen. B. Starr |
Hearing no objection, declares the motion CARRIED. SEN. DECKERT will lead discussion on the floor. |
|
150 |
Chair Metsger |
Closes work session on HB 2096 A. Opens a public hearing on HB 2072. |
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HB 2072 – PUBLIC HEARING |
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|
164 |
Craig Smith |
Administrator, Construction Contractors Board (CCB). Submits and summarizes written testimony in support of HB 2072 (EXHIBIT D). |
|
210 |
William Boyd |
Manager, Dispute Resolution Section, CCB. States support for HB 2072. |
|
224 |
Steven Kafoury |
Oregon Remodelers Association. Testifies in favor of HB 2072. |
|
248 |
Chair Metsger |
Closes the public hearing and opens a work session on HB 2072. |
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HB 2072 – WORK SESSION |
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250 |
Sen. B. Starr |
MOTION: Moves to ADOPT HB 2072-1 amendments dated 5/4/05 (EXHIBIT E). |
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252 |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Deckert |
|
|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. |
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255 |
Sen. B. Starr |
MOTION: Moves HB 2072 to the floor with a DO PASS AS AMENDED recommendation. |
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|
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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. |
|
260 |
Chair Metsger |
Closes the work session on HB 2072. Opens a public hearing on HB 2075. |
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HB 2075 – PUBLIC HEARING |
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|
270 |
Craig Smith |
Administrator, Construction Contractors Board (CCB). Presents written testimony in favor of HB 2075 (EXHIBIT F). |
|
300 |
Sally Ridenour |
Education Manager, CCB. Testifies in favor of HB 2075. |
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316 |
Dan Lubbers |
National Home Inspectors, President of Inspections Unlimited Franchise Services, Inc. Presents written testimony suggesting an amendment for HB 2075 (EXHIBIT G). |
|
360 |
Lubbers |
Offers additional testimony for a revision of the bill. |
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397 |
Chair Metsger |
Notes that the bill passed out of the House with no opposition and asks if Mr. Lubbers testified on the bill while it was in the House Business, Labor and Consumer Affairs Committee. |
|
401 |
Lubbers |
Answers no and replies that he was unaware of the hearing at the time. |
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406 |
Chair Metsger |
States the importance of setting appropriate fees. Asks about adequate resources to achieve the intent of the bill. |
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415 |
Smith |
Expresses concern with the fee structure. States that the CCB can do what is required with the fees that are in place. |
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TAPE 71, A |
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015 |
Chair Metsger |
Notes the broad rule-making authority of the CCB for setting standards of practice and professional conduct. Asks about the CCB working with the home inspectors to establish appropriate standards for the industry. |
|
017 |
Smith |
Responds that CCB works with the industry, but notes that since the industry is new, there is not yet consensus on rules and regulations. Describes the special advisory committee of home inspectors to address issues. |
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030 |
Sen. B. Starr |
Asks if Mr. Lubbers objects to the bill because the standards would be too low. |
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037 |
Lubbers |
Describes the setting of standards for home inspectors. |
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045 |
Sen. B. Starr |
Asks if national standards for home inspectors would be acceptable. |
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053 |
Lubbers |
Answers yes and explains the state and national standards. |
|
077 |
Sen. B. Starr |
Asks if Mr. Lubbers opposes the bill. |
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080 |
Lubbers |
Encourages the adoption of the amendment described in his testimony (EXHIBIT G). |
|
083 |
Sen. B. Starr |
Inquires if there is an association for Oregon home inspectors to address potential issues. |
|
086 |
Lubbers |
Answers that “they come and go.” |
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089 |
Smith |
Comments on the fragmentation of the different groups of contractors that makes it difficult to develop an association. |
|
095 |
Steve Telfer |
Oregon Real Estate Inspectors Association. Presents written testimony in favor of HB 2075 (EXHIBIT H). |
|
133 |
Chair Metsger |
States support for the bill. Closes the public hearing and opens a work session on HB 2075. |
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HB 2075 – WORK SESSION |
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|
145 |
Sen. B. Starr |
MOTION: Moves HB 2075 to the floor with a DO PASS recommendation. |
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147 |
|
VOTE: 4-0-1 EXCUSED: 1 – Atkinson |
|
|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. SEN. DECKERT will lead discussion on the floor. |
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155 |
Chair Metsger |
Closes the work session on HB 2072. Opens a public hearing on HB 3088. |
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HB 3088 – PUBLIC HEARING |
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|
163 |
Darrell Fuller |
Oregon Auto Dealers Association. Presents written testimony in favor of HB 3088 (EXHIBIT I). |
|
185 |
Chair Metsger |
Asks how many dealers drive vehicles with dealer plates over expired plates. |
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190 |
Fuller |
Answers that plates are generally inventoried when possession is taken of a vehicle. Describes a scenario in which an auto dealer was cited for using dealer plates inappropriately. |
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200 |
Chair Metsger |
Closes the public hearing and opens a work session on HB 3088. |
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HB 3088 – WORK SESSION |
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|
202 |
Sen. B. Starr |
MOTION: Moves HB 3088 to the floor with a DO PASS recommendation. |
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204 |
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VOTE: 5-0-0 |
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|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. SEN. B. STARR will lead discussion on the floor. |
|
208 |
Chair Metsger |
Closes the work session on HB 3088. Opens a public hearing on HB 3089 A. |
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HB 3089 A – PUBLIC HEARING |
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|
215 |
Darrell Fuller |
Oregon Auto Dealers Association. Presents written testimony in favor of HB 3089 A (EXHIBIT J). |
|
237 |
Sen. Deckert |
Asks if the language is specific enough to prevent vehicles to be sold rather than just advertised at a location other than a car dealership. |
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244 |
Fuller |
Directs him to language in the bill preventing sales at other locations. |
|
258 |
Sen. Deckert |
Wonders why vehicles could not be sold at another location such as a Costco store. |
|
262 |
Fuller |
States that Costco would have to become a licensed auto dealer to sell vehicles. |
|
278 |
Monty King |
President, Oregon Vehicle Dealers Association. States that he has no opposition to the measure. |
|
302 |
Chair Metsger |
Closes the public hearing and opens a work session on HB 3089 A. |
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HB 3089 A – WORK SESSION |
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|
305 |
Sen. B. Starr |
MOTION: Moves HB 3089 A to the floor with a DO PASS recommendation. |
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307 |
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VOTE: 5-0-0 |
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|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
|
310 |
Chair Metsger |
Closes the work session on HB 3089 A. Opens a public hearing on HB 2160 A. |
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HB 2160 A – PUBLIC HEARING |
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|
315 |
Joel Ario |
Administrator, Insurance Division, Department of Consumer and Business Services. Presents written testimony in favor of HB 2160 A (EXHIBIT K). States support for the –A5 amendments (EXHIBIT L). |
|
371 |
Jim Markee |
Surplus Line Association of Oregon. Testifies in support of HB 2160 A. Explains the –A5 amendments (EXHIBIT L). |
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TAPE 70, B |
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|
002 |
Mike Bonetto |
Clear Choice Health Plans. Presents written testimony in support of HB 2160 A (EXHIBIT M). |
|
020 |
Ario |
Explains the –A6 amendments (EXHIBIT N). |
|
033 |
Sen. Deckert |
Asks about applicability of the bill to other health plans. |
|
040 |
Ario |
Replies that it has not been an issue until it was raised by Clear Choice Health Plans. |
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053 |
Bonetto |
Explains that Clear Choice is attempting to operate differently by being regulated by the state. |
|
063 |
Chair Metsger |
Explains that the bill is attempting to conform to federal regulations. Closes the public hearing and opens a work session on HB 2160. |
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The following material is submitted for the record without public testimony: |
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|
|
Larry Boyd |
Executive Director, Surplus Line Association of Oregon. Submits written testimony in favor of HB 2160 A (EXHIBIT O). |
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HB 2160 A – WORK SESSION |
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075 |
Sen. B. Starr |
MOTION: Moves to ADOPT HB 2160 A-A5 amendments dated 4/8/05. |
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077 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
|
|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. |
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080 |
Sen. B. Starr |
MOTION: Moves to ADOPT HB 2160 A-A6 amendments dated 5/9/05. |
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082 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
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|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. |
|
085 |
Sen. B. Starr |
MOTION: Moves HB 2160 A to the floor with a DO PASS AS AMENDED recommendation. |
|
087 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
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|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. SEN. METSGER will lead discussion on the floor. |
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089 |
|
Closes the work session on HB 2160 A. Opens a work session on SB 922. |
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SB 922 – WORK SESSION |
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|
091 |
Chair Metsger |
Explains the comments of Mr. Elkins regarding his conflicts with the bill. |
|
102 |
Steve Murrell |
State Farm Insurance. Explains the provisions of SB 922. |
|
143 |
Chair Metsger |
States support for the bill. |
|
152 |
Murrell |
Explains the -2 amendments (EXHIBIT P). |
|
167 |
Sen. B. Starr |
MOTION: Moves to ADOPT SB 922-2 amendments dated 4/25/05. |
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169 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
|
|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. |
|
172 |
Sen. B. Starr |
MOTION: Moves SB 922 to the floor with a DO PASS AS AMENDED recommendation. |
|
173 |
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VOTE: 4-0-1 EXCUSED: 1 - Atkinson |
|
|
Chair Metsger |
Hearing no objection, declares the motion CARRIED. SEN. METSGER will lead discussion on the floor. |
|
175 |
Chair Metsger |
Closes the work session on SB 922. Opens a work session on SB 671. |
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SB 671 – WORK SESSION |
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|
180 |
Chair Metsger |
Mentions the -6 amendments (EXHIBIT Q). |
|
205 |
Jeff Bissonette |
Citizens Utility Board of Oregon (CUB). Expresses concerns about SB 671 and the intentions of the bill. |
|
231 |
Chair Metsger |
Notes a letter from Lee Beyer, Chairman, Public Utility Commission (PUC) stating that the PUC believes the amendments provide necessary oversight (EXHIBIT R). |
|
241 |
Bissonette |
States that he is aware of Mr. Beyer’s letter, but concerns remain. |
|
251 |
Dave Barrows |
Oregon Mutual Utility Development, Inc. Explains the -6 amendments (EXHIBIT Q) and the relationship to the -4 amendments. Notes the letter conveying support for the bill from Mr. Beyer (EXHIBIT R). |
|
300 |
Chair Metsger |
Summarizes SB 671 and the amendments. Closes the work session on SB 671. |
|
326 |
Chair Metsger |
Adjourns the committee at 2:26 p.m. |
EXHIBIT SUMMARY