SENATE COMMITTEE ON GENERAL GOVERNMENT
February 24, 2005 Hearing Room B
3:10 P.M. Tapes 22 - 23
MEMBERS PRESENT: Sen. Frank Shields, Chair
Sen. Gary George, Vice-Chair
Sen. Joanne Verger
Sen. Vicki Walker
MEMBER EXCUSED: Sen. Bruce Starr
STAFF PRESENT: Judith Callens, Committee Administrator
Gary Roulier, Committee Assistant
MEASURES/ISSUES HEARD:
SB 468 – Public Hearing and Work Session
SB 498 – 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 22, A |
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|
003 |
Chair Shields |
Opens the meeting at 3:14 p.m. and opens a public hearing on SB 468. |
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SB 468 – PUBLIC HEARING |
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|
013 |
Tom Gallagher |
Professional Land Surveyors of Oregon. Testifies in support of SB 368. |
|
019 |
R. Charles Pearson |
Clackamas County Surveyor. Presents written testimony (EXHIBIT A) and testifies in support of SB 468. |
|
030 |
Gallagher |
Summarizes the professional groups that have reviewed the bill. |
|
038 |
Chair Shields |
Closes the public hearing on SB 468 and opens a work session on SB 468. |
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SB 468 – WORK SESSION |
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|
040 |
Sen. Walker |
MOTION: Moves SB 468 to the floor with a DO PASS recommendation. |
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VOTE: 4-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - B. Starr |
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Chair Shields |
The motion CARRIES. SEN. GEORGE will lead discussion on the floor. |
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051 |
Chair Shields |
Closes the work session on SB 468. |
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055 |
Sen. Walker |
Provides some information on SAIF policies from 1990-91 regarding employee awards. |
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082 |
Chair Shields |
Opens a public hearing on SB 498. |
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SB 498 – PUBLIC HEARING |
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|
086 |
Judith Callens |
Administrator. Explains the provisions of the bill. |
|
097 |
Chair Shields |
Reviews the intent of the hearings and notes that the concept behind this bill is something that has previously been considered. |
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112 |
Sen. Charlie Ringo |
Senate District 17. Testifies in support of SB 498. Explains that fifteen percent is a reasonable rate of return for lottery compensation. |
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151 |
Rep. Diane Rosenbaum |
House District 42. Presents written testimony (EXHIBIT B) and testifies in support of SB 498. |
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194 |
Rep. Rosenbaum |
Discusses a study of lottery compensation rates. |
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229 |
Chair Shields |
Asks if she has had conversations with tavern owners in her district regarding the size of lottery compensation rates. |
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238 |
Rep. Rosenbaum |
Answers that she has talked to owners in her district, and emphasizes the lottery should not be subsidizing their businesses. |
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257 |
Sen. George |
Asks what the cost would be for the state to remove the taverns as operators and operate the machines directly. |
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262 |
Rep. Rosenbaum |
Responds that she is not aware of what it would cost. Adds that the tavern owners should expect to be fairly compensated. |
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272 |
Sen. George |
Asks if she is willing to ask teachers, for example, to accept a decrease in their compensation. |
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287 |
Rep. Rosenbaum |
Answers that there is a process that determines teacher compensation through labor negotiations. |
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298 |
Dale Penn |
Director, Oregon Lottery. Discusses the history of lottery compensation with the chair. |
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345 |
Penn |
Continues a summary of the history of the Oregon Lottery. Adds that the original relatively high compensation rates were due to the need to establish a customer base. |
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404 |
Penn |
Reviews recent actions by the Lottery Commission. |
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TAPE 23, A |
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005 |
Penn |
Discusses the effect of commission rates on restaurant business decisions. |
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033 |
Penn |
Summarizes the small number of retailers that have been in violation of the dominant use statute. |
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057 |
Penn |
States that the priority should be to protect the revenue stream now in place with lottery retailers. |
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066 |
Chair Shields |
Asks how Oregon rates compare to other states. |
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077 |
Penn |
Answers that Oregon pays the lowest commissions, but notes that in most other states, the retailer owns the machine and has more overhead. |
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103 |
Sen. George |
Asks for the total amount of dollars that flow through the lottery retailers. |
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119 |
Penn |
Responds that the figure is in the billions. |
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133 |
Steve Novick |
Portland, Oregon. Testifies in support of SB 498. Reviews a study done by ECONorthwest on lottery compensation rates. |
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176 |
Novick |
Summarizes recent actions by the Lottery Commission and a history of rates. |
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218 |
Novick |
Continues a discussion of rates of return for lottery retailers. |
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247 |
Novick |
Comments on recent decisions on “dominant use.” |
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287 |
Novick |
Notes that the primary goal of the lottery should not be to maintain its distributor network. |
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293 |
Sen. Walker |
Asks if a lawsuit has ever been filed to challenge the court decision on dominant use. Discusses who would have standing to file the suit and asks for a summary from the witness on how many lottery retailers are in Oregon. |
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321 |
Novick |
Responds that he will provide a summary and adds that there are approximately 2,000 lottery retailers in the state. |
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331 |
Andi Jordon |
Oregon Parents Teachers Association. Testifies in support of SB 498. |
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366 |
Bill Perry |
Director of Government Relations, Oregon Restaurant Association. Presents written testimony (EXHIBIT C) and testifies in opposition to SB 498. |
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TAPE 22, B |
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007 |
Perry |
Notes that restaurants are the largest producers of lottery revenue. Adds that many retailers use the lottery to expand their business base. |
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051 |
Perry |
Stresses that a fifty percent reduction in rates would be drastic. |
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097 |
Steve Moor |
Restaurant Owner, Southeast Portland. Discusses labor costs on video poker. |
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137 |
Moor |
Notes that his profit per square foot on his lottery machines is almost equal to his profit per square foot for his food service operations. |
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169 |
Moor |
Questions the issue of “subsidized taverns,” and notes that you have to examine gross sales. |
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188 |
Sen. Walker |
Thanks the witness for his viewpoint. |
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198 |
Perry |
Reviews some data from other states’ compensation rates, page 3 to 5 (EXHIBIT C) |
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220 |
Tricia Smith |
Oregon School Employees Association. Submits written testimony (EXHIBIT D) and testifies in support of SB 498. |
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276 |
Smith |
Reviews the origin of the Oregon Lottery. |
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300 |
Chair Shields |
Asks if the rate of return today would meet the original intent of legislation to enact the lottery. |
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320 |
Smith |
Responds that the intent was to raise revenue for the state rather than as a business boon to retailers. |
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370 |
Smith |
States that the recent rates are excessive. |
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403 |
Chair Shields |
Asks how involved they were in the six months preceding the recent rate determination. |
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407 |
Smith |
Reviews association involvement. |
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|
002 |
Richard Burke |
Libertarian Party of Oregon. Testifies in opposition to SB 498 and notes that putting a cap into statute is bad policy. |
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051 |
Burke |
Emphasizes that lower commission rates will also affect income tax revenues. |
|
066 |
Judy Wiser |
Portland, Oregon. Testifies in support of SB 498. Describes some of the restaurants as primarily “gambling houses.” |
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107 |
Wiser |
Recounts experiences in taverns with lottery games. |
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043 |
Wiser |
Discounts the arguments that decreasing lottery commissions would force retailers to drop health insurance on their employees. |
|
076 |
Petra Berger |
Salem/Keizer Stand for Children. Submits written testimony (EXHIBIT E) and testifies in support of SB 498. |
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127 |
Berger |
Notes that a fifteen percent return is reasonable. |
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177 |
Berger |
Emphasizes the importance of investment in education. |
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230 |
Sen. Verger |
Expresses her appreciation for teachers, and notes that most people don’t understand the challenges facing teachers today. |
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252 |
Grover Simmons |
Oregon State Elks Association. Summarizes charitable contributions by the organization throughout the state. |
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294 |
Simmons |
Reviews income figures at present rates versus the proposed rates. |
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340 |
Simmons |
Adds that the reduced amount would affect the level of charitable contributions. |
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|
Mary Anne Gest |
Director of Public Affairs, Wild Salmon Center. Submits written testimony in support of SB 498 (EXHIBIT F). |
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353 |
Chair Shields |
Closes the public hearing on SB 498 and adjourns the meeting at 5:02 p.m. |
EXHIBIT SUMMARY