SENATE COMMITTEE ON COMMERCE

 

 

March 22, 2005                                                                                                       Hearing Room C

3:10 P.M.                                                                                                                     Tapes  39 - 40

 

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

 

MEMBER EXCUSED:          Sen. Doug Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 738 – Public Hearing

                                                SB 944 – Public Hearing

                                                SB 912 – Work Session

                                                SB 141 – Public Hearing

                                                SB 975 – Public Hearing

                                                                                   

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 39, A

005

Chair Prozanski

Calls the meeting to order at 3:17 p.m. Opens public hearing on SB 738. Announces the committee is meeting as a subcommittee.

SB 738 – PUBLIC HEARING

 

Anna Braun

Committee Administrator.  Introduces the -6 amendments to SB 738 (EXHIBIT A).

020

Chuck Tauman

Attorney, Portland, Oregon.  Discusses and submits a fact sheet by the National Association of State Fire Marshals regarding SB 738 (EXHIBIT B).  Testifies in support of SB 738.

045

Chair Prozanski

Acknowledges that the committee is now meeting as a full committee.  Converses with Tauman regarding testimony.

047

Tauman

Concludes testimony. 

075

Tari Glocar

President, Oregon Fire Marshals Association.  Discusses and submits written testimony in support of SB 738 (EXHIBIT C).

110

Peter Shepherd

Deputy Attorney General.  Testifies in support of SB 738 with the -6 amendments. 

150

Bill Lafferty

Fire Program Director, Oregon Department of Forestry.  Discusses and submits written testimony in support of SB 738 (EXHIBIT D).

175

Lisa Millet

Injury Prevention Epidemiology Health Services, Office of Disease Prevention and Epidemiology, Oregon Department of Human Services. 

 

Discusses and submits written testimony in support of SB 738 (EXHIBIT E).

220

Sen. Beyer

Asks Lafferty a question.

221

Lafferty

Responds.

222

Sen. Beyer

Inquires how many people were prosecuted who caused fires from cigarettes.

223

Lafferty

Answers that he does not have the information with him.

225

Sen. Beyer

Asks if Lafferty has data showing the difference between fire safe cigarettes and regular cigarettes’ ability to cause forest fires.

229

Lafferty

Responds.

245

Mark Nelson

R.J. Reynolds.  Testifies in opposition to SB 738.  Discusses the -6 amendments to SB 738.  Discusses desire for a federal standard rather than a state standard.

290

Nelson

Discusses the potential loss of tax revenue on cigarette sales. 

350

Nelson

Concludes testimony.

370

Sen. Ringo

Inquires if there are studies regarding how many lives would be saved nationwide if all cigarettes were changed to fire safe cigarettes.

372

Nelson

Responds that he does not know the validity of the statistics that have been brought forward.

375

Sen. Ringo

Asks if Nelson disputes the statistics.

376

Nelson

Answers that he does not have any basis to accept or dispute them.

378

Sen. Ringo

Asks if the tobacco industry has analyzed the lives that could be saved.

382

Nelson

Responds that he does not know of any study by the industry regarding that.

388

Sen. Ringo

Comments that they are trying to save lives killed by tobacco fires.

390

Nelson

Remarks that he disagrees with the method of changing the legislation state by state.

393

Sen. Ringo

Comments that it would be preferable to have this done as a national standard, but feels that the tobacco industry would fight it on a national basis and it is therefore left up to the states.

395

Nelson

Remarks that he is not aware that the industry is fighting this type of legislation on a national basis. Remarks that his company has been neutral on a national basis.

410

Sen. Burdick

Inquires how R.J. Reynolds can justify their neutral position on a national level if they are arguing against the legislation state by state.

413

Nelson

Answers that they are concerned because they have seen some reduction of quality in the fire safe cigarettes and they are continuously evaluating this issue.

TAPE 40, A

011

Chair Prozanski

Inquires where R.J. Reynolds is at on advancing the legislation before Congress.

014

Nelson

Responds that he does not know.

016

Chair Prozanski

Inquires if there is research to show that smaller cigarette manufacturers went out of business in New York or Canada when their fire safe cigarette legislation passed.

020

Nelson

Responds that he does not know of the impact in Canada or New York. 

030

Chair Prozanski

Closes public hearing on SB 738. Carries SB 738 over to March 24, 2005 as a public hearing and work session.

042

Chair Prozanski

Opens public hearing on SB 944.

SB 944 – PUBLIC HEARING

045

Anna Braun

Committee Administrator.  Provides an overview of SB 944.  Introduces the -1 amendments to SB 944 (EXHIBIT F).

050

Sen. Beyer

Asks Braun about the preliminary staff report showing previous meetings on SB 944.

054

Braun

Answers that it was on a previous agenda and was not heard.

057

Chair Prozanski

Comments on the preliminary staff report.

060

Sen. Charlie Ringo

Senate District 17.  States that he sponsored SB 944 for his constituent Carl Plass.  Testifies in support of SB 944.  Provides background on SB 944.  States that there is a need for further amendments.

085

Carl Plass

Stonegraphics, Inc.  Testifies in support of SB 944.  Discusses the need of SB 944.

135

Sen. Ringo

Asks Plass to state the problem that needs to be resolved.

138

Plass

Discusses procedures of customers trying to purchase a funeral memorial.  Discusses problems with funeral homes giving false information to consumers.

165

Chair Prozanski

Discusses the -1 amendments to SB 944.  Raises concern that the -1 amendments are setting up a standard that would be hard to enforce.

183

Plass

Responds that the section of the -1 amendments mentioned by Chair Prozanski paraphrases the federal trade commission rule regarding price lists and disclosures currently required by funeral homes.

190

Chair Prozanski

Asks Plass if he has access to the federal trade commission rules he is speaking of.

192

Plass

Answers that he does not have them with him.

195

Chair Prozanski

Asks Plass to return the information.  Asks Sen. Ringo if there are additional amendments being worked on.

197

Sen. Ringo

Answers, yes.

210

David Koach

Executive Director, Mortuary and Cemetery Board.  Testifies with a neutral position to SB 944.  Remarks that the board has not been able to completely review the bill and the -1 amendments, so they currently have a neutral position. Discusses concern with the language of the bill.

290

Chair Prozanski

Remarks that there will be additional work on SB 944.  Encourages Koach to look over the bill and the -1 amendments further.

295

Koach

Remarks that the Mortuary and Cemetery Board has invited Plass to appear at their meeting next Tuesday to learn of the nature of the problem he is trying to solve.

305

Chair Prozanski

Inquires regarding the abilities of the Mortuary and Cemetery Board to take action.

315

Koach

Responds that he does not know the answer, but offers to look over the Mortuary and Cemetery Board’s rules and regulations.

330

Chair Prozanski

Asks Koach about comments from Plass’ testimony.

335

Koach

Responds.  Discusses maintenance of markers.

390

Chair Prozanski

Asks Koach to provide a copy of the rules of the Mortuary and Cemetery Board.

410

Patrick Allen

Office of Regulatory Streamlining.  Testifies with a neutral position to SB 944. 

TAPE 39, B

015

Ty Cochrane

Legislative Liaison, Cemetery Association of Oregon.  Testifies with a neutral position to SB 944.  Comments on his inability to review the -1 amendments in full.  Discusses desire to work together on SB 944.

045

Sen. Ringo

Asks witness to state his name again.

047

Cochrane

States his name.

049

Chair Prozanski

Closes public hearing on SB 944. Opens work session on SB 912. 

SB 912 – WORK SESSION

051

Chair Prozanski

Announces that the work session on SB 912 will be carried over to March 24, 2005.

053

Chair Prozanski

Closes work session on SB 912 and opens public hearing on SB 141.

SB 141 – PUBLIC HEARING

070

Annette Talbott

Deputy Labor Commissioner, Bureau of Labor and Industries (BOLI).  Testifies in support of SB 141.  Introduces -1 amendments to SB 141 (EXHIBIT G).  Submits written testimony on behalf of Dan Gardner, Commissioner, BOLI, in support of SB 141 (EXHIBIT H)

120

Tim Martinez

Oregon Bankers Association (OBA).  Testifies regarding SB 141.  Discusses concerns with SB 141 and the -1 amendments. 

135

Chair Prozanski

Asks Martinez a question.

145

Martinez

Responds.  Discusses concerns with language in SB 141.

170

Talbott

Asks if she may address Martinez’s concerns.

173

Chair Prozanski

Responds.

175

Talbott

Remarks that BOLI needs direction from the committee to know how to proceed and draft the necessary amendments to SB 141. Remarks that they want to allow the employer to have the option to provide electronic devices for payment. Responds to Martinez’s comments and concerns.

205

Chair Prozanski

Asks the parties to work together to resolve their concerns and report to the committee administrator.

210

Talbott

Responds. Comments on the need for clarification from the committee.

225

Martinez

Clarifies that the language regarding debit cards does not work for banks.

230

Chair Prozanski

Clarifies Martinez’s concerns.

235

Martinez

Responds.

237

Chair Prozanski

Closes public hearing on SB 141 and opens public hearing on SB 975.

SB 975 – PUBLIC HEARING

250

Anna Braun

Committee Administrator.  Provides an overview of SB 975. Comments that an additional amendment is expected to SB 975.

260

Rob Wagner

American Federation of Teachers - Oregon.  Testifies in support of SB 975. 

270

Arthur Towers

Political Director, Service Employees International Union (SEIU).  Testifies in support of SB 975. 

295

Matt Swanson

Oregon American Federation of Labor - Congress of Industrial Organizations (AFL-CIO).  Testifies in support of SB 975.

309

Sen. Beyer

Asks for the bill number from the last legislative session that is similar to SB 975.

312

Wagner

Offers to provide a copy of the bill to the committee.

315

Chair Prozanski

Asks for clarification on wording of SB 975.

325

Swanson

Responds.

334

Chair Prozanski

Clarifies Swanson’s response.

335

Swanson

Answers, yes.

336

Chair Prozanski

Clarifies who the bill includes.

337

Braun

States understanding.

344

Prozanski

States reason for the need of the clarification.

351

Shawn Miller

Associated Builders and Contractors.  Testifies regarding SB 975. Comments on the need for amendments to SB 975.

370

Mike McArthur

Executive Director, Association of Oregon Counties.  Testifies regarding SB 975.  Discusses potential costs and work associated with SB 975.

400

Chair Prozanski

Comments that McArthur’s concerns may be alleviated by the amendments to SB 975.

410

McArthur

Responds.

422

Dave Barenberg

League of Oregon Cities.  Discusses concern with SB 975.

435

Chair Prozanski

Asks if the witnesses remember the past legislation similar to SB 975 that passed through the Senate.

440

McArthur

Answers that he is not familiar with it, but will find out if anyone from his organization is.

441

Barenberg

Offers to do the same.

447

Chair Prozanski

Closes public hearing on SB 975. Adjourns the meeting at 4:43 p.m.

 


 

EXHIBIT SUMMARY

 

  1. SB 738, -6 amendments, staff, 5 pp
  2. SB 738, fact sheet, Chuck Tauman, 5 pp
  3. SB 738, written testimony, Tari Glocar, 1 p
  4. SB 738, written testimony, Bill Lafferty, 1 p
  5. SB 738, written testimony, Lisa Millet, 2 pp
  6. SB 944, -1 amendments, staff, 1 p
  7. SB 141, -1 amendments, Annette Talbott, 1 p
  8. SB 141, written testimony of Dan Gardner, Annette Talbott, 2 pp