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 |
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|
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 |
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|
|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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