SENATE COMMITTEE ON GENERAL GOVERNMENT

                                                                                          

April 28, 2005                                                                                                         Hearing Room B

3:10 P.M.                                                                                                                      Tapes 68 - 71

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Gary George, Vice-Chair

Sen. Bruce Starr

Sen. Joanne Verger

Sen. Vicki Walker

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                HB 2395A – Public Hearing and Work Session

HJM 10 – Public Hearing and Work Session

SB 420 – Work Session

SB 500 – Work Session

SB 578 – Work Session

HB 2005 – Work Session

SB 1031 – Public Hearing and Work Session

HB 2133 – Public Hearing and Work Session

HB 2135 – Public Hearing and Work Session

HB 2161 – Public Hearing and Work Session

HB 2173 – Public Hearing and Work Session

HB 2214 – Public Hearing and Work Session

HB 2674 – Public Hearing and Work Session

HB 2352 – Public Hearing and Work Session

HJM 6 – Work Session

HB 2474 – Work Session

SB 310 – Work Session

SB 984 – Work Session

SB 1003 – 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 68, A

004

Vice Chair George

Calls the meeting to order at 3:12 p.m. as a subcommittee and opens the public hearing on HB 2395A.

HB 2395A – PUBLIC HEARING

007

Judith Callens

Committee Administrator. Reviews the provisions of HB 2395A.

008

Rep. Greg Macpherson

House District 38. Provides background information and explains the purpose of the bill is to remove the middle man and allow a direct investment in stock.

046

Brent Petty

Arnevich Massena, Portland. States that they represent local municipalities that negotiate with vendors that provide deferred compensation. States the bill is a benefit to participates by reducing fees.

062

Vice Chair George

Closes the public hearing on HB 2395A and opens the public hearing on HJM 10.

HJM 10 – PUBLIC HEARING

065

Judith Callens

Committee Administrator. Explains the provisions of HJM 10.

081

Vicki McConnell

Director, Oregon Department of Geology and Mineral Industries (DOGMI). Submits and reviews a prepared statement on tsunami risk reduction background and actions (EXHIBIT A).

104

Vice-Chair George

Asks how well is Oregon prepared compared to California or Washington.

104

McConnell

Responds that all five of the pacific states when compared to the international community are very well prepared. Explains the importance of continued education on hazards and warnings.

118

Vice-Chair George

Closes the public hearing on HJM 10 and opens the work session on HJM 10.

HJM 10 – WORK SESSION

153

Sen. Walker

MOTION:  Moves HJM 10 be sent to the floor with a BE ADOPTED recommendation.

160

 

VOTE:  3-0-2

EXCUSED:  2 - Shields, Starr B.

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

160

Vice-Chair George

Closes the work session on HJM 10 and opens the work session on        HB 2395A.

HB 2395A – WORK SESSION

167

Judith Callens

Committee Administrator. Reviews HB 2395A.

177

Sen. Walker

MOTION:  Moves HB 2395A to the floor with a DO PASS recommendation.

182

 

VOTE:  3-0-2

EXCUSED:  2 - Shields, Starr B.

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

187

Vice-Chair George

Closes the work session on HB 2395A and opens the work session on SB 420, SB 500, SB 578 and HB 2005 for the purpose of referring the measures to the Committee on Rules.

SB 420, SB 500, SB 578 and HB 2005 – WORK SESSION

198

Sen. Walker

MOTION:  Moves SB 420, SB 500, SB 578 and HB 2005 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules.

205

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Vice-Chair George

Hearing no objection, declares the motion CARRIED.

213

Vice-Chair George

Closes the work session on SB 420, SB 500, SB 578 and HB 2005 and opens the public hearing on SB 1031.

SB 1031 – PUBLIC HEARING

217

Judith Callens

Committee Administrator. Reviews the provisions of SB 1031 and the  -1 amendments (EXHIBIT B).

260

Jim Long

Resident of rural Washington County. Submits and summarizes prepared testimony (EXHIBIT C). Refers to the format example (EXHIBIT D).

320

George

Asks Mr. Long if he has seen the -1 amendments.

321

Long

Responds yes and states that he helped put them together. Explains the reason for the amendments is to set the details of the rule.

342

David Paulson

Government Affairs Manager, Sprint. Submits and reads prepared testimony in opposition to SB 1031 (EXHBIT E). Discusses the 211 service.

396

Schelly Jensen

Regulatory and Government Affairs Manger, Verizon. Submits prepared testimony in opposition to SB 1031 (EXHIBIT F). Notes there are limitations to the regulations imposed by the utility commission.

420

Vice-Chair George

Asks how many phone books do not have the blue page directory.

429

Long

Responds that he is aware of those put together by the primary telecommunications utilities.

456

Jensen

Comments that if requirements are to be imposed, the requirements should not apply to only one segment of the business.

470

Paulson

Clarifies that Section 3 (EXHIBIT E) no longer applies because of the amendment.

TAPE 69, A

018

Ginny Lang

Representing Qwest. Clarifies that DEX is a separate publishing company and no longer part of the telephone company.  Opposes       SB 1031 and the -1 amendments.

046

Lang

Discusses errors, deletions and omissions. States concern is over getting the details for public and non-profit agencies correct.

060

Vice-Chair George

Closes the public hearing on SB 1031 and transfers the gavel to Chair Shields.

 

Prepared testimony submitted for the record without public testimony by Tom Brian, Chairman Board of County Commissioners, Washington County (EXHIBIT G).

062

Chair Shields

Opens the public hearing on HB 2133.

HB 2133 – PUBLIC HEARING

062

Judith Callens

Committee Administrator. Reviews the provisions of HB 2133.

077

Sen. George

Clarifies for the record that this is for those serving in Oregon.

086

Chair Shields

Closes the public hearing on HB 2133 and opens the work session on HB 2133.

HB 2133 – WORK SESSION

087

Sen. George

MOTION:  Moves HB 2133 to the floor with a DO PASS recommendation.

088

 

VOTE:  4-0-1

EXCUSED:  1 - Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

092

Chair Shields

Closes the work session on HB 2133 and opens the public hearing on  HB 2135.

HB 2135 – PUBLIC HEARING

096

Judith Callens

Committee Administrator. Reviews the provisions of HB 2135.

104

Chair Shields

Closes the public hearing on HB 2135 and opens the work session on HB 2135.

HB 2135 – WORK SESSION

105

Chair Shields

Asks what are the current circumstances; does this represent the change of the new role of the National Guard.

112

Callens

Clarifies that it extends the benefits to those called to federal military service recognizing their new role.

123

Sen. George

MOTION:  Moves HB 2135 to the floor with a DO PASS recommendation.

125

 

VOTE:  4-0-1

EXCUSED:  1 – Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. VERGER will lead discussion on the floor.

128

Chair Shields

Closes the work session on HB 2135 and opens the public hearing on HB 2161.

HB 2161 – PUBLIC HEARING

130

Judith Callens

Committee Administrator. Reviews the provisions of HB 2161.

139

Floyd Lanter

Administrator, Division of Finance and Corporate Securities Department of Consumer and Business Services. Submits prepared testimony in support of HB 2161 (EXHBIT H). Reviews the purpose of the bill.

165

Chair Shields

Closes the public hearing on HB 2161 and opens the work session on HB 2161.

HB 2161 - WORK SESSION

172

Sen. George

MOTION:  Moves HB 2161 to the floor with a DO PASS recommendation.

176

 

VOTE:  4-0-1

EXCUSED:  1 - Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

179

Chair Shields

Closes the work session on HB 2161 and opens the public hearing on HB 2173.

HB 2173 – PUBLIC HEARING

187

Judith Callens

Committee Administrator. Reviews the provisions of HB 2173 and the -1 amendments (EXHIBIT I).

198

Floyd Lanter

Administrator, Division of Finance and Corporate Securities Department of Consumer and Business Services (DCBS). Submits and summarizes prepared testimony in support of HB 2173 with the -1 amendments (EXHIBIT J).

290

Chair Shields

Closes the public hearing on HB 2173 and opens the work session on HB 2173.

HB 2173 – WORK SESSION

291

Sen. George

MOTION:  Moves to ADOPT HB 2173-1 amendments dated 3/29/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

296

Sen. George

MOTION:  Moves HB 2173 to the floor with a DO PASS AS AMENDED recommendation.

303

 

VOTE:  4-0-1

EXCUSED:  1 – Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

304

Chair Shields

Closes the work session on HB 2173 and opens the public hearing on HB 2214.

HB 2214 – PUBLIC HEARING

297

Duggan Petty

Deputy Administrator, State Services Division Department of Administrative Services (DAS). States that the bill makes technical corrections to the procurement code rewrite of last session. Supports the -2 amendments (EXHIBIT K).

345

Jessica Adamson

Legislative Affairs Manager Associated General Contractors. (AGC). States support for the -2 amendments.

338

Stephen Kafoury

Representing Johnson Controls. Explains the purpose of the amendments is to address their concern about a possible misunderstanding by clarifying that state and local governments when using energy performance contractors use a procurement process that fits their needs.

383

Sen. Verger

Asks why the -2 amendments are being provided for the first time today.

405

Chair Shields

Responds that on March 8, 2005 there was a description of a proposed amendment (EXHIBIT L) Asks if there is any deviation from the list.

429

Adamson

Responds that it is not a significant deviation. Explains that the length is due to the corrections needed by Bureau of Labor and Industries (BOLI) to add in the language related to hours of labor and the sections that need to be amended.

TAPE 68, B

011

Judith Callens

Clarifies the only difference is on page six, line 21 of the original bill. Reads the new language, notes the language added and explains that Oregon Department of Transportation (ODOT) may not exempt a public improvement contract or class of public improvement contracts from the competitive bidding process.  

027

Kafoury

Clarifies in further detail.

 089

Adamson

States the purpose of the bill is meant to correct errors, not make policy changes.

100

Chair Shields

Closes the public hearing on HB 2214 and opens the work session on HB 2214.

HB 2214 – WORK SESSION

101

Sen. George

MOTION:  Moves to ADOPT HB 2214-2 amendments dated 4/8/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - B. Starr, Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

105

Sen. George

MOTION:  Moves HB 2214 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 – Starr B., Walker

108

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

141

Chair Shields

Closes the work session on HB 2214 and opens the public hearing on HB 2674.

HB 2674 – PUBLIC HEARING

145

Judith Callens

Committee Administrator. Reviews the provisions of HB 2674.

151

Chair Shields

Notes that written testimony has been submitted for the record from Malissa Minthorn-Winks (EXHIBIT M).

155

MaryKay Dahlgreen

Program Manager for Library Development, Oregon State Library. Informs that the State Library Board of Trustees endorses the bill and there is no fiscal impact. States this adds tribal libraries to the type of libraries that can benefit from resource sharing programs.

170

Chair Shields

Closes the public hearing on HB 2674 and opens the work session on HB 2674.

HB 2674 – WORK SESSION

172

Sen. George

MOTION:  Moves HB 2674 to the floor with a DO PASS recommendation.

177

 

VOTE:  3-0-2

EXCUSED:  2 – Starr B., Walker

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

178

Chair Shields

Closes the work session on HB 2674 and opens the public hearing on HB 2352.

HB 2352 – PUBLIC HEARING

181

Judith Callens

Reviews the provisions of HB 2352.

186

Mark Long

Administrator, State Building Codes Division. States that this bill eliminates an unnecessary regulatory requirement to inspect used RVs. Urges support for HB 2352.

196

Shawn Miller

Oregon Recreational Vehicle Dealers Association. Submits prepared testimony in support of HB 2352 (EXHBIT N).

208

Sen. Verger

Clarifies for the record that the bill does not take away safety features from the sale or regulations.

214

Chair Shields

Closes the public hearing on HB 2352 and opens the work session on HB 2352.

HB 2352 – WORK SESSION

218

Sen. George

MOTION:  Moves HB 2352 to the floor with a DO PASS recommendation.

219

 

VOTE:  4-0-1

EXCUSED:  1 - Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

221

Chair Shields

Closes the work session on HB 2352 and opens a work session on for the purpose of referring HJM 6 and HB 2474 to the committee on Rules.

HJM 6 AND HB 2474 WORK SESSION

234

Sen. Walker

MOTION:  Moves HJM 6 and HB 2474 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules.

237

 

VOTE:  4-0-1

EXCUSED:  1 - Starr B.

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

247

Chair Shields

Closes the work session on HJM 6 and HB 2674. Recesses the committee for three minutes.

255

Chair Shields

Reconvenes the committee and opens the work session on SB 310.

SB 310 – WORK SESSSION

257

Chair Shields

Recaps the status of SB 310.

283

Judith Callens

Committee Administrator. Reviews the negotiated language referred to the “new -8” amendments (EXHIBIT O). States that this is in respect to independent audits of group contracts

311

Chair Shields

Notes consensus to draft the “new -8 amendments”.

328

Chair Shields

Refers to (EXHIBIT P) and reads the language proposed by SAIF.

375

Sen. Walker

Requests an explanation from SAIF and a counter response from Mr. DiLorenzo.

380

Callens

Reiterates that the language relates to trade secrets allowing disclosure of components of executed contracts. Provides further clarification.

439

Chris Davies

SAIF Corporation. Explains the language addresses concerns about the reliance on the conditional trade secrets exemption in public records law.

TAPE 69, B

017

John DiLorenzo

Oregonians for Sound Economic Policy (OSEP). Opposes SAIF reconnecting to Chapter 192. States this would allow SAIF to keep from public view sensitive documents that lead to contracts such as drafts, e-mails and correspondence.

057

Chair Shields

Asks what portion of the records delivered to Mr. DiLorenzo was pursuant to public records law and what portion was delivered pursuant to the SAIF statute.

072

Brenda Rocklin

Interim President and Chief Executive Officer, SAIF Corporation. Responds that the initial request was in 2000 when it was assumed that SAIF was under the Oregon Public Records Act. Explains that the Marion County Circuit Court concluded that SAIF was subject to 656.702 under which the records were turned over.

089

DiLorenzo

Refers to correspondence from Harland Jones regarding the expense to obtain records under Chapter 192.

091

Rocklin

States that many of the documents that Mr. DiLorenzo received would have been turned over under the Public Records Act. Explains that the advantage to being reconnected to the Public Records Act is that if there is a dispute there is a process that the Attorney General can step in and make a decision.

119

DiLorenzo

States there are three reasons not to reconnect SAIF to the Public Records Act.  1) SAIF is the only state agency that has its own trade secrets 2) the legislature has no budgetary supervision over SAIF and 3) SAIF is the only state agency in Oregon to be in contempt of court.

138

Sen. Walker

States that she cannot support anything less than the -10 amendments because she wants transparency (EXHIBIT Q).

154

Sen. Verger

Asks for a definition of sensitive materials.

157

DiLorenzo

Responds there is no definition.

161

Sen. Verger

Asks how he would define a sensitive business record.

162

DiLorenzo Jr.

Responds that he would consider tax returns as a sensitive business record. Explains the problem is that through public/private partnerships the government becomes a private participate in the marketplace and there should be constraints.

176

Sen. Verger

Asks if he considers PERS to be in the same category.

178

DiLorenzo Jr.

Responds a private account statement could be considered private but data copulations and the amounts received are a statewide concern. Refers to the chart (EXHIBIT R) and which ones would be protected under the -10 amendments.  

203

Rocklin

Responds that in regard to sensitive business records compares SAIF and OHSU.   

247

Sen. Verger

Asks if SAIF is a semi-independent agency of the government.

248

DiLorenzo Jr.

Responds that when SAIF wants to be the government it is, when it wants to be a private competitor it is.

265

Sen. Walker

Comments that Judge Lipscomb ruled that SAIF is a state agency.

274

DiLorenzo Jr.

Affirms that SAIF is a state agency.

267

Davies

Notes that statute says SAIF is an independent public corporation. SAIF considers itself part of the executive branch and a state agency. Adds that SAIF believes their records should be treated as public records under public records law.

290

Chair Shields

States that at this point he does not get the sense that the members present are at consensus. Refers to page 7 of 10 (Exhibit C April 26, 2005) and asks if there is objection or support on this.

374

Sen. Walker

States she would not support paragraph A would prefer to let the court decide.

358

Sen. Verger

States this is a public agency doing private business and it will come down to a philosophy.

386

Cory Streisinger

 

Director, Department of Consumer and Business Services (DCBS). States there is concern with the employer account record because employers have a right to confidentiality and it is her understanding that the latest ruling from Judge Lipscomb would be putting the privacy interests of those employers at risk.

468

Sen. George

Inquires if line 19 (EXHIBIT Q) regarding right to inspect does not apply to employer records.

475

Streisinger

Responds affirmatively. The question is what does the phrase “employer account records” mean and how was it interpreted.

499

Sen. George

Asks if this could this go back to court asking for a definition to be rendered.

TAPE 70, A

032

Streisinger

Responds that it could be appealed. Notes that if the -10 amendments were pursued the definitional language could be put into the -10 amendments.

034

Sen. George

Asks if the most reasonable thing to do would be to let the court make the decision on the definition.

039

Streisinger

Responds that the concern is if the court ruling is upheld it will put “a thumb on the scales” for employers choosing an insurance company unrelated to the insurance product.

052

Jessica Harris -Adamson

Legislative Affairs Manager (AGC). States employers are concerned about information being submitted, that employers and employees should be protected.

079

Sen. Walker

Requests information on what the court said that is being referred to as a narrow view.

089

DiLorenzo

Reads the court’s statement of what is required and not required to be released.

125

Sen. George

Refers lines 6 – 11 (EXHIBIT Q, Page 2) regarding public disclosure and unreasonable invasion of privacy.

133

Adamson

Responds that broadening the definition of “employer account records” and what that means would be better.

137

Bill Gary

Harrang/Long/Gary/Rudnick P.C., Representing SAIF in the OSIP litigation. State that the problem from SAIF’s perspective is whether the document is protected or not depends on the form in which it is kept. Provides an example of what would be exempt and what would not. Concludes that if the goal is to protect sensitive information it should not matter where that information can be found.  

245

Sen. Shields

Suggests that the committee review the material over the weekend.

254

Sen. Verger

States the interests of her constituents.

246

Sen. Walker

Reviews the proposals to SB 310 (Exhibit C April 26, 2005) noting her position on the proposed components.

431

Chair Shields

Closes the work session on SB 310. Opens the work session on              SB 984. 

SB 984 – WORK SESSION

485

Cory Streisinger

Submits prepared testimony on SB 984 (EXHIBIT S) conceptual amendments to SB 984 (EXHIBIT T).

TAPE 71, A

500

Brian Boe

Liberty Northwest Insurance. States the SB 984 -1 amendments (EXHIBIT U) reflect the discussions requested by Chair Shields. Provides a brief background on assigned risk pools and four state comparison (EXHIBIT V).

153

Boe

States they are seeking to prevent unfair discrimination in the assignment of rate tiers to employers by basing the assignment of rates on objective data.

197

Streisinger

States that the conceptual amendments are the portions where agreements were reached during discussion. Discusses concern regarding the timeframe of the study portion. Discusses rate filing being open to the public.

289

Chair Shields

Closes the work session on SB 984. Opens the work session on          SB 1031.

SB 1031 – WORK SESSION

334

Sen. George

MOTION:  Moves SB 1031 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules.

338

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

343

Chair Shields

Closes the work session on SB 1031 and opens the work session on       SB 1003.

SB 1003 – WORK SESSION

345

Sen. Walker

Reviews SB 1003, -1 amendments which is her SB 551, -2 amendments which is her SB 753 and -3 amendments which is her     SB 754. Refers to documentation on cost shifting (EXHIBIT W).

TAPE 70, B

017

Sen. Verger

Comments that there may be logical reasons for the inflated number in the assigned risk pool. Comments on injured workers and states the process needs to be improved, streamlined and more sensitive to workers compensation issues.

061

Sen. Walker

Responds by describing the amendments to SB 1003 in more detail.

 

Chair Shields

Closes the work session on SB 1003. Adjourns the meeting at 6:20 p.m.

 

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HJM 10, prepared statement, Vicki McConnell, 2 pp
  2. SB 1031, -1 amendments, staff, 1 p
  3. SB 1031, prepared testimony, Jim Long, 2 pp
  4. SB 1031, format example, Jim Long, 1 p
  5. SB 1031, prepared testimony, David Paulson, 1 p
  6. SB 1031, prepared testimony, Schelly Jensen, 1 p

G. SB 1031, prepared testimony, Tom Brian, 1

H.  HB 2161, prepared testimony, Floyd Lanter, 2 pp

I.   HB 2173, -1 amendments, staff, 1 p

J.  HB 2173, prepared testimony, Floyd Lanter, 4 pp

K. HB 2214, -2 amendments, staff, 29 pp

L. HB 2214, proposed amendments staff, 2 pp

M. HB 2674, written testimony, Malissa Minthorn-Winks, 2 pp

N. HB 2352, prepared testimony, Shawn Miller, 1 p

O. SB 310, proposed “new -8 amendments”, staff, 1 p

P. SB 310, proposed amendments, SAIF, 1 pp

Q. SB 310, -10 amendments, staff, 3 pp

R. SB 310, chart, John DiLorenzo, 1 p

S. SB 984, prepared testimony, Cory Streisinger, 2 pp

T. SB 984, proposed amendments, Cory Streisinger, 2 pp

U. SB 984, -1 amendments, Brian Boe, 4 pp

V. SB 984, risk pool comparison chart, Brian Boe, 1 p

W. SB 1003, cost shifting documentation, Sen. Vicki Walker, 11 pp