SENATE COMMITTEE ON COMMERCE

 

 

February 1, 2005                                                                                                     Hearing Room C

3:10 P.M.                                                                                                                         Tapes  7 - 8

 

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

Sen. Doug Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 35 – Public Hearing and Work Session   

                                                SB 37 – Public Hearing

                                                SB 93 – 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 7, A

005

Chair Prozanski

Calls the meeting to order at 3:10 p.m. Opens public hearing on SB 35.

SB 35 – PUBLIC HEARING

010

Anna Braun

Committee Administrator. Gives overview of SB 35.

015

Rob Edwards

Tax Section - Central Operations Manager, Oregon Employment Department. Discusses and submits written testimony in support of SB 35 (EXHIBIT A).

025

Chair Prozanski

Inquires as to an example of how this bill would be utilized.

030

Edwards

Explains.

035

Chair Prozanski

Asks for clarification of the exact process of issuing the warrants for collection.

045

Edwards

Clarifies. Discusses costs associated with the process.  Discusses the ability of the department to request deposits from employers.

060

Sen. Beyer

Inquires as to what action the department takes if the costs have not been collected for a long period of time.

065

Edwards

Answers that they have not had this situation happen yet. Answers what might happen in this circumstance.

070

Sen. Beyer

Asks what other items money is collected on other than what is currently being done.

072

Edwards

Answers question.

085

Chair Prozanski

Closes public hearing and opens work session on SB 35.

SB 35 – WORK SESSION

090

Sen. Beyer

MOTION:  Moves SB 35 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

105

Chair Prozanski

Closes work session on SB 35 and opens public hearing on SB 37.

SB 37 – PUBLIC HEARING

110

Rob Edwards

Tax Section - Central Operations Manager, Oregon Employment Department.  Discusses and submits written testimony in support of SB 37 (EXHIBIT B). Provides an overview of SB 37.

145

Anna Braun

Committee Administrator.  Discusses fiscal statement for SB 37.

155

Sen. Burdick

Asks if fiscal ruling will go to the Ways and Means committee.

160

Sen. Beyer

Comments on procedure in the past.

165

Chair Prozanski

Responds to comments of committee members.

170

Sen. Beyer

Comments on language of Section two (2) of the bill.

180

Edwards

Clarifies definition of language.

185

Sen. Beyer

Comments on language’s broadness.  Inquires as to the departments procedures.

200

Edwards

Answers question.

205

Sen. Beyer

Comments that this was looked at in the past regarding the Construction Contractors Board (CCB). Remarks that the committee should look at how this has worked for them.

225

Chair Prozanski

Agrees that this information should be obtained by the CCB.

230

Sen. Whitsett

Inquires as to what methods were used for collection in the past.

240

Edwards

Discusses methods used for collection. Discusses debts written off.

250

Sen. Whitsett

Clarifies question.

252

Edwards

Clarifies that the five percent (5%) that they are hoping to recover is an educated guess based on past experience.

260

Sen. Whitsett

Inquires regarding the Department’s lessened ability to collect money from companies.

265

Edwards

Answers question.

270

Chair Prozanski

Helps clarify answer.

280

Sen. Whitsett

Inquires as to how many companies would be involved in their estimation.

285

Edwards

Answers that he does not have a number of companies, but rather a dollar amount.  Offers to return information.

287

Sen. Whitsett

Clarifies that he is inquiring as to the number of companies that will have the potential for collection by the Department.

295

Chair Prozanski

Closes public hearing on SB 37. Opens public hearing on SB 93.


 

SB 93 – PUBLIC HEARING

310

Anna Braun

Committee Administrator.  Gives an overview of SB 93.

325

Pat Deleval

Unemployment Insurance Tax Field Operations Manager, Oregon Employment Department.  Discusses and submits written testimony in support of SB 93 (EXHIBIT C).

385

Deleval

Continues. Discusses SB 93 and the background and effects of the bill.

440

Sen. Burdick

Asks if the bill applies to all religious organizations.

450

Deleval

Answers question.

460

Sen. Burdick

Asks for clarification of the difference between a religious organization and a church.

465

Deleval

Provides an example.

470

Chair Prozanski

Asks for clarification regarding the need of the bill.

480

Deleval

Answers that the need for the bill is because the current statute was ruled unconstitutional.

TAPE 8, A

040

Sen. Burdick

Inquires if the ruling was in Oregon or Federal court.

045

Deleval

Answers that it was in Oregon.

050

Chair Prozanski

Clarifies that the bill will be in compliance with the state constitution and state court.

051

Deleval

Confirms that is correct.

052

Sen. Beyer

Comments on the age of court cases.

055

Deleval

Remarks that there has been a need for this clarification for quite awhile and that they are trying to clean up the statute.

060

Chair Prozanski

Remarks that Legislative Counsel has helped draft this to assist with the compliance.

061

Deleval

Comments that they are following procedures that were advised by the attorney general’s office.

062

Chair Prozanski

Asks if the procedures are based on ruling in other states.

064

Deleval

Answers that she is not familiar of this situation in other states.

067

Chair Prozanski

Closes public hearing and opens work session on SB 93.

SB 93 – WORK SESSION

070

Sen. Beyer

MOTION:  Moves SB  93 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

080

Chair Prozanski

Closes work session on SB 93.  Discusses future agenda items for the committee. Adjourns meeting at 3:50 p.m.

 


 

EXHIBIT SUMMARY

 

  1. SB 35, written testimony, Rob Edwards, 2 p
  2. SB 37, written testimony, Rob Edwards, 2 p
  3. SB 93, written testimony, Pat Deleval, 2 p