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.

 

TAPE/#

Speaker

Comments

TAPE 70, A

003

Chair Metsger

Calls the meeting to order at 1:05 p.m. Opens a public hearing on HB 2084 A.

HB 2084 A – PUBLIC HEARING

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.

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.

HB 2084 A – WORK SESSION

082

Sen. Atkinson

MOTION:  Moves HB 2084 A to the floor with a DO PASS recommendation.

084

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

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.

HB 2096 A – PUBLIC HEARING

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.

HB 2096 A – WORK SESSION

145

Chair Metsger

MOTION:  Moves HB 2069 A to the floor with a DO PASS recommendation.

147

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

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.

HB 2072 – PUBLIC HEARING

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.

HB 2072 – WORK SESSION

250

Sen. B. Starr

MOTION:  Moves to ADOPT HB 2072-1 amendments dated 5/4/05 (EXHIBIT E).

252

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Deckert

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

255

Sen. B. Starr

MOTION:  Moves HB 2072 to the floor with a DO PASS AS AMENDED recommendation.

 

 

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.

HB 2075 – PUBLIC HEARING

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.

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.

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.

406

Chair Metsger

States the importance of setting appropriate fees. Asks about adequate resources to achieve the intent of the bill.

415

Smith

Expresses concern with the fee structure. States that the CCB can do what is required with the fees that are in place.

TAPE 71, A

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.

030

Sen. B. Starr

Asks if Mr. Lubbers objects to the bill because the standards would be too low.

037

Lubbers

Describes the setting of standards for home inspectors.

045

Sen. B. Starr

Asks if national standards for home inspectors would be acceptable.

053

Lubbers

Answers yes and explains the state and national standards.

077

Sen. B. Starr

Asks if Mr. Lubbers opposes the bill.

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.”

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.

HB 2075 – WORK SESSION

145

Sen. B. Starr

MOTION:  Moves HB 2075 to the floor with a DO PASS recommendation.

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.

155

Chair Metsger

Closes the work session on HB 2072. Opens a public hearing on HB 3088.

HB 3088 – PUBLIC HEARING

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.

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.

200

Chair Metsger

Closes the public hearing and opens a work session on HB 3088.

HB 3088 – WORK SESSION

202

Sen. B. Starr

MOTION:  Moves HB 3088 to the floor with a DO PASS recommendation.

204

 

VOTE:  5-0-0

 

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.

HB 3089 A – PUBLIC HEARING

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.

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.

HB 3089 A – WORK SESSION

305

Sen. B. Starr

MOTION:  Moves HB 3089 A to the floor with a DO PASS recommendation.

307

 

VOTE:  5-0-0

 

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.

HB 2160 A – PUBLIC HEARING

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).

TAPE 70, B

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.

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.

The following material is submitted for the record without public testimony:

 

Larry Boyd

Executive Director, Surplus Line Association of Oregon. Submits written testimony in favor of HB 2160 A (EXHIBIT O).

HB 2160 A – WORK SESSION

075

Sen. B. Starr

MOTION:  Moves to ADOPT HB 2160 A-A5 amendments dated 4/8/05.

077

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

080

Sen. B. Starr

MOTION:  Moves to ADOPT HB 2160 A-A6 amendments dated 5/9/05.

082

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

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

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

  089

 

Closes the work session on HB 2160 A. Opens a work session on      SB 922.

SB 922 – WORK SESSION

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.

169

 

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

 

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.

SB 671 – WORK SESSION

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

 

  1. HB 2084 A, prepared testimony, Paul Donheffner, 2 pp
  2. HB 2084 A, prepared testimony, Paul Rainey, 1 p
  3. HB 2096 A, prepared testimony, Brian DeMarco, 6 pp
  4. HB 2072, prepared testimony, Craig Smith, 8 pp
  5. HB 2072, -1 amendments, staff, 1 p
  6. HB 2075, prepared testimony, Craig Smith, 15 pp
  7. HB 2075, prepared testimony, Dan Lubbers, 1 p
  8. HB 2075, prepared testimony, Steve Telfer, 1 p
  9. HB 3088, prepared testimony, Darrell Fuller, 1 p
  10. HB 3089 A, prepared testimony, Darrell Fuller, 1 p
  11. HB 2160 A, prepared testimony, Joel Ario, 3 pp
  12. HB 2160 A, -A5 amendments, staff, 7 pp
  13. HB 2160 A, prepared testimony, Mike Bonetto, 2 pp
  14. HB 2160 A, -A6 amendments, staff, 2 pp
  15. HB 2160 A, prepared testimony, Larry Boyd, 1 p
  16. SB 922, -2 amendments, staff, 1 p
  17. SB 671, -6 amendments, staff, 18 pp
  18. SB 671, prepared testimony, Lee Beyer, 1 p