SENATE COMMITTEE ON JUDICIARY
March 15, 2005 Hearing Room 343
1:00 P.M. Tapes 66 - 67
Corrected 10/26/05
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Vicki Walker
Sen. Doug Whitsett
MEMBER EXCUSED: Sen. Charlie Ringo
STAFF PRESENT: Joe O'Leary, Counsel
Erin Pelley, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 489 – Public Hearing
SB 276 – Public Hearing and Work Session
SB 277 – Public Hearing and Work Session
SB 229 – Work Session
SB 234 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 66, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:20 p.m. and opens a public hearing on SB 489. |
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SB 489 – PUBLIC HEARING |
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007 |
Aaron Pelley |
Counsel. Describes SB 489 relating to repealing the provisions allowing the appeal of Public Utility Commission (PUC) orders to the circuit court. |
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019 |
Judge Paul Lipscomb |
Marion County Circuit Court Presiding Judge. Submits written testimony and testifies in support of SB 489 (EXHIBIT A). Discusses the PUC process in the circuit court. |
|
060 |
Judge Lipscomb |
Details the costs of the review process facing the circuit courts because of the contested PUC appeals. |
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095 |
Sen. Walker |
Agrees that the Legislature does increase the workload of the Marion county court system, and expresses her support for SB 489. |
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106 |
Chair Burdick |
Asks what court decided to use the PUC record as opposed to the circuit court record. |
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108 |
Judge Lipscomb |
Responds with information on the statutes and court cases involved with that decision. |
|
124 |
Jay Dudley |
Associate General Counsel, Portland General Electric (PGE). Testifies in support of SB 489. Explains the increased efficiency expected after passing SB 489. |
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139 |
Chair Burdick |
Inquires about the cases that would apply under this bill. |
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150 |
Dudley |
Responds that the effective date would depend on the beginning of a contested case; cites examples of cases that would fall under this bill after it passed. |
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177 |
Sen. Walker |
Brings up the issue of the Texas Specific Group deal that might occur with PGE. Wonders about a retroactive and emergency clause complicating things. |
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200 |
Lee Beyer |
Chairman, Oregon Public Utility Commission. States that the retroactive clause would be a complicating matter. |
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208 |
Sen. Prozanski |
Explains that the retroactive clause would be a complicating matter, but the emergency clause would be a good idea. |
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228 |
Ginny Lang |
QWEST Communications. Testifies in opposition to SB 489, and offers reasoning as to why her organization does not support the bill. Expresses their willingness to work on SB 489, and brings up the topic of other bills facing the legislature with similar effects. |
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239 |
Lang |
Talks about certain discrepancies on Page 11 of SB 489 relating to the drafting. |
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277 |
Sen. Walker |
Comments on Arizona’s PUC. |
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296 |
Lang |
Discusses PUC’s in other states. |
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309 |
Chair Burdick |
Closes the public hearing on SB 489 and opens a combined public hearing on SB 276 & SB 277. |
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SB 276 & SB 277 – PUBLIC HEARING |
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|
290 |
Joe O’Leary |
Counsel. Describes SB 276 relating to the trustee of sever trusts; and SB 277 relating to the terminology in Oregon Uniform Transfers to Minors Act. |
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346 |
Bill Brewer |
State Bar Executive Committee for State Planning and Administration. Submits testimony and testifies in support of SB 276 (EXHIBIT B). |
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412 |
Brewer |
Submits testimony and testifies in support of SB 277 (EXHIBIT C). Cites the clarification that SB 277 brings to the current statute. |
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453 |
Chair Burdick |
Asks if there are any problems with the language of the bill. |
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455 |
Brewer |
States that, to his knowledge, there is none. |
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476 |
Chair Burdick |
Closes the public hearing on SB 276 and SB 277 and opens a work session on SB 276. |
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SB 276 – WORK SESSION |
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483 |
Sen. Starr |
MOTION: Moves SB 276 to the floor with a DO PASS recommendation. |
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VOTE: 5-0-2 EXCUSED: 2 - Ringo, Walker |
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488 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. PROZANSKI will lead discussion on the floor. |
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494 |
Chair Burdick |
Closes the work session on SB 276 and opens a work session on SB 277. |
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SB 277 – WORK SESSION |
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496 |
Sen. Starr |
MOTION: Moves SB 277 to the floor with a DO PASS recommendation. |
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VOTE: 5-0-2 EXCUSED: 2 - Ringo, Walker |
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500 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. PROZANSKI will lead discussion on the floor. |
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TAPE 67, A |
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033 |
Chair |
Closes the work session on SB 277 and opens a work session on SB 229 & SB 234. |
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SB 229 & SB 234 – WORK SESSION |
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035 |
Chair Burdick |
Postpones SB 229 & SB 234 until further notice. |
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040 |
Chair Burdick |
Closes the work session on SB 229 & SB 234. |
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042 |
Chair Burdick |
Goes over the combined Senate and House Judiciary committee trip to Pendleton on March 17, 2005. |
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055 |
Chair Burdick |
Adjourns the meeting at 1:50 p.m. |
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EXHIBIT SUMMARY