SENATE COMMITTEE ON COMMERCE
April 14, 2005 Eugene, Oregon
7:00 P.M. Tapes 55 - 57
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 & WITNESSES:
SB 626 – Public Hearing
SB 627 – Public Hearing
SB 628 – Public Hearing
SB 629 – Public Hearing
SB 630 – Public Hearing
SB 545 – Public Hearing
SB 968 – Public Hearing
SB 624 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 55, A |
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|
005 |
Chair Prozanski |
Calls the meeting to order at 7:13 p.m. Opens public hearing on SB 626, SB 627, SB 628, SB 629 and SB 630. States that the bills are being combined into two bills and we will discuss their concepts. Discusses the agenda. |
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SB 626, SB 627, SB 628, SB 629, SB 630 - PUBLIC HEARING |
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055 |
Anna Braun |
Committee Administrator. Discusses and submits a Draft Identity Theft Bill “Bill No. 1” (EXHIBIT A), a Draft Social Security Number Bill “Bill No. 2” (EXHIBIT B), and an overview of Bill No. 1 on Identity Theft (EXHIBIT C). |
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070 |
Cheryl Pellegrini |
Attorney In Charge, Financial Fraud/Consumer Protection Section, Department of Justice (DOJ). Discusses and submits written testimony regarding Credit Report Protection and Identity Theft Legislation in support of Bill No. 1 and Bill No. 2 (EXHIBIT D). |
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120 |
Pellegrini |
Continues testimony. |
|
190 |
Pellegrini |
Concludes testimony. |
|
210 |
Cory Streisinger |
Director, Department of Consumer and Business Services (DCBS). Testifies in support of the concepts in Bill No. 1 and Bill No. 2. |
|
255 |
Sen. Burdick |
Asks Pellegrini about cases spoken of in her testimony. |
|
263 |
Pellegrini |
Responds. Discusses procedures of identity theft criminals. |
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280 |
Sen. Burdick |
Inquires how people steal identities online through databases. |
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288 |
Pellegrini |
Responds. |
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315 |
Sen. Burdick |
Clarifies that not all companies notify their customers when their information is stolen. |
|
317 |
Pellegrini |
Answers, yes. |
|
330 |
Sen. Whitsett |
Inquires why Pellegrini feels that younger people are more of a target for identity theft. |
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340 |
Pellegrini |
Responds. |
|
350 |
Chair Prozanski |
Discusses identity theft cases. |
|
365 |
Pellegrini |
Responds. |
|
385 |
Sen. Whitsett |
Asks Streisinger about the position of the credit companies. |
|
392 |
Streisinger |
Responds. |
|
399 |
Chair Prozanski |
Asks if DCBS is anticipating any costs associated with Bill No. 1 or Bill No. 2. |
|
410 |
Streisinger |
Discusses costs involved in the bills and remarks that the primary enforcement would be through consumers. |
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TAPE 56, A |
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|
015 |
Chair Prozanski |
Clarifies that there will not be much of a fiscal impact from Bill No. 1 and Bill No. 2. |
|
017 |
Streisinger |
Answers, yes. |
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025 |
Kamala Shuger |
Oregon District Attorneys Association. Testifies regarding SB 629. |
|
045 |
Chair Prozanski |
Remarks that SB 626, SB 627, SB 628, SB 629 and SB 630 will not move forward because their concepts are being combined into Bill No. 1 and Bill No. 2. |
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055 |
Shuger |
Remarks that she has not had time to review Bill No. 1 and Bill No. 2. |
|
057 |
Chair Prozanski |
Responds. |
|
060 |
Shuger |
Continues testimony. |
|
080 |
Chair Prozanski |
Asks Shuger to review Bill No. 1 and Bill No. 2 and provide suggestions, if necessary. |
|
090 |
Brandi Minogue |
Citizen, Eugene, Oregon. Testifies in support of Bill No. 1 and Bill No. 2. |
|
110 |
Brandy Fortson |
Citizen, Springfield, Oregon. Testifies in support of Bill No. 1 and Bill No. 2. Discusses personal experience as an identity theft victim. |
|
135 |
Matthew Yook |
Citizen, Eugene, Oregon. Testifies in support of Bill No. 1 and Bill No. 2. |
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The following is submitted for the record without public testimony: |
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|
|
Steve Swenson |
Operations Support Division, City of Eugene Police Department. Submits written testimony in support of Bill No. 1 and Bill No. 2 (EXHIBIT E). |
|
150 |
Chair Prozanski |
Closes public hearing on SB 626, SB 627, SB 628, SB 629 and SB 630 and opens public hearing on SB 545. |
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SB 545 – PUBLIC HEARING |
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|
170 |
Anna Braun |
Committee Administrator. Provides an overview of SB 545. Discusses and submits the -1 amendments to SB 545 (EXHIBIT F) and an outline of the -1 amendments to SB 545 (EXHIBIT G). |
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185 |
Cory Streisinger |
Director, Department of Consumer and Business Services (DCBS). Testifies in support of SB 545 with the -1 amendments. |
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245 |
Streisinger |
Concludes testimony. |
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265 |
Angela Martin |
Public Policy Advocate, Oregon Food Bank. Testifies in support of SB 545 and the -1 amendments. |
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320 |
Martin |
Discusses the change of the loan term in the -1 amendments. |
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330 |
Chair Prozanski |
Asks Streisinger to clarify the difference between a 21 day loan term and a 31 day loan term. |
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338 |
Streisinger |
Responds. |
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348 |
Sen. Whitsett |
Asks for clarification on the -1 amendments. |
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355 |
Streisinger |
Responds. |
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357 |
Sen. Whitsett |
Asks for clarification on the difference between a loan fee and interest. |
|
360 |
Streisinger |
Responds. |
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368 |
Sen. Whitsett |
Asks if DCBS intends to enforce the definition of interest on loan fees from other types of lending institutions. |
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374 |
Streisinger |
States that the language applies only to payday lending. |
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381 |
Sen. Whitsett |
Inquires if this is the law in Oregon or if it is a federal law that will be adopted as a state law. |
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387 |
Streisinger |
Responds that this would be a new provision that would apply to payday loans only. |
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393 |
Sen. Whitsett |
Clarifies that we would be adopting federal law. |
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397 |
Streisinger |
States that it is a new provision of state law, but is consistent with the way federal law treats these charges. |
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402 |
Chair Prozanski |
States his understanding. |
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415 |
Streisinger |
Responds. States that it is a terminology choice only to use the word “interest” rather than “fee.” |
|
430 |
Sen. Whitsett |
Comments on the standards between the different lending institutions. |
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439 |
Streisinger |
States appreciation of attending the hearing in Eugene. |
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TAPE 55, B |
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|
015 |
Mariah Leavitt |
Citizen, Eugene, Oregon. Testifies in support of SB 545. |
|
030 |
Jessica Chanay |
Citizen, Eugene, Oregon. Testifies in support of SB 545. Discusses personal experience with debt. |
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075 |
Laurie Trieger |
Citizen, Lane County, Oregon. Testifies in support of SB 545. |
|
115 |
Chair Prozanski |
Calls the meeting to a recess. |
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117 |
Chair Prozanski |
Reconvenes the meeting. Asks the typical length of pay periods for individuals who use payday loans. |
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128 |
Trieger |
Responds. |
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133 |
Sen. Whitsett |
Discusses statistics of payday loan users. |
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145 |
Trieger |
Responds. |
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150 |
Chanay |
Responds to Sen. Whitsett’s comments. |
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162 |
Sen. Whitsett |
Remarks that people are often in financial trouble due to overuse of credit and then it is no longer available. |
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164 |
Chanay |
Responds. |
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177 |
Trieger |
Comments that people she has talked to are usually faced with sudden and unexpected expenses. |
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185 |
Whitsett |
Asks where these people would be without payday lenders. |
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192 |
Trieger |
Comments that payday loans are a needed industry, but they need to be regulated. |
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205 |
Loretta Moesta |
OUR Federal Credit Union. Testifies in support of SB 545. Discusses the experiences of customers who obtained payday loans. |
|
275 |
Moesta |
Continues testimony. |
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330 |
Sen. Whitsett |
Responds to Moesta’s testimony. |
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345 |
Moesta |
Discusses the reasons why people go to payday lenders. Discusses the anonymity of payday loans. |
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380 |
Sen. Whitsett |
States that he has received hundreds of letters in his office in support of payday loans. |
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385 |
Moesta |
Responds. |
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405 |
Chair Prozanski |
Asks Moesta to ask her customers if they would be willing to share the letters she read with the committee. |
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TAPE 56, B |
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|
010 |
Rev. Daniel Bryant |
Ecumenical Ministries of Oregon. Testifies in support of SB 545. Relates anecdote regarding payday loans. |
|
070 |
Bryant |
Responds to Sen. Whitsett’s comments. |
|
080 |
Sen. Ringo |
Thanks the witnesses. |
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The following is submitted for the record without public testimony: |
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|
|
Anna Braun |
Committee Administrator. Submits 42 postcards on behalf of 42 Oregon citizens in opposition to SB 545 (EXHIBIT P). (Note: The same postcard was sent by all citizens). |
|
085 |
Chair Prozanski |
Closes public hearing on SB 545 and opens public hearing on SB 968. |
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SB 968 – PUBLIC HEARING |
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|
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Anna Braun |
Committee Administrator. Submits the -2 amendments to SB 968 (EXHIBIT H) and anoutline of the -2 amendments to SB 968 (EXHIBIT I). |
|
095 |
Max Muller |
Legislative Aide, Rep. Jackie Dingfelder, House District 45. Discusses and submits a fact sheet in support of SB 968 and the -2 amendments (EXHIBIT J). Submits written testimony on behalf of Sybil Hebb, Oregon Law Center, in support of SB 968 with the -2 amendments (EXHIBIT K). |
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130 |
Chair Prozanski |
Asks for Muller’s comments on the -2 amendments. |
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132 |
Muller |
Discusses the -2 amendments to SB 968. |
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190 |
Muller |
Concludes testimony. |
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213 |
Chair Prozanski |
Recognizes Matt Markee, who is present and represents H&R Block. Commends H&R Block’s business practices regarding refund anticipation loans. |
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222 |
Chair Prozanski |
Closes public hearing on SB 968 and opens public hearing on SB 624. |
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SB 624 – PUBLIC HEARING |
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|
230 |
Anna Braun |
Committee Administrator. Provides an overview of SB 624. |
|
237 |
Ken Goodridge |
Citizen, Springfield, Oregon. Testifies in support of SB 624. |
|
296 |
Chair Prozanski |
Asks the period of automobile insurance that Goodridge referred to. |
|
298 |
Goodridge |
Responds. Continues testimony. |
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325 |
Sen. Ringo |
Discusses the experience of one of his constituents regarding insurance credit scoring. |
|
350 |
Kelsey Wood |
Gordon Wood Insurance Agency. Discusses and submits written testimony in opposition to SB 624 (EXHIBIT L) and an informational packet in opposition to SB 624 (EXHIBIT M). |
|
420 |
Wood |
Continues discussing insurance credit scoring. |
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TAPE 57, A |
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|
030 |
Wood |
Concludes testimony. |
|
057 |
Sen. Whitsett |
Comments that there is very little individualization with credit scoring. Expresses concern of insurance companies who give a low credit score for individuals with no credit. |
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070 |
Wood |
Responds that people without credit are outside of the rating factors. |
|
077 |
Sen. Whitsett |
Asks for Wood’s comments on the lack of individualization with credit scores. |
|
080 |
Wood |
Asks for clarification. |
|
086 |
Sen. Whitsett |
Restates question. |
|
089 |
Wood |
Responds. |
|
105 |
Sen. Whitsett |
Discusses concern with individuals having the same credit score, but it is not considered why their score is the way it is. |
|
115 |
Wood |
Responds. |
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119 |
Sen. Whitsett |
Responds to a comment made previously by Wood. |
|
123 |
Chair Prozanski |
Clarifies that Wood underwrites property insurance and automobile insurance. |
|
126 |
Wood |
Answers, yes. |
|
128 |
Chair Prozanski |
Comments on the variables used in credit scoring. Asks if rates are reduced based on driving records. |
|
140 |
Wood |
Responds. |
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146 |
Chair Prozanski |
Asks if Wood’s insurance policies vary in length of term. |
|
149 |
Wood |
Responds. |
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155 |
Chair Prozanski |
Asks what insurance companies use to evaluate customers if they are not allowed to use credit scoring upon renewal. |
|
162 |
Wood |
Responds. Discusses the items considered in evaluating customers. |
|
173 |
Chair Prozanski |
Thanks Wood for testifying. |
|
181 |
Goodridge |
Asks for information from Wood. |
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The following is submitted for the record without public testimony: |
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|
|
Ronn Passmore |
Rhodes-Warden Insurance. Submits written testimony in opposition to SB 624 (EXHIBIT N). |
|
|
Consumer and Agents Action Committee |
Submits written testimony in support of SB 624 (EXHIBIT O). |
|
193 |
Chair Prozanski |
Closes public hearing on SB 624. Adjourns the meeting at 9:22 p.m. |
EXHIBIT SUMMARY
The following is out of order in the body of the document: