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 |
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|
090 |
Sen. Beyer |
MOTION: Moves SB 35 to the floor with a DO PASS recommendation. |
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|
|
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 |
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|
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 |
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|
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 |
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|
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