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.

 

TAPE/#

Speaker

Comments

TAPE 66, A

003

Chair Burdick

Calls the meeting to order at 1:20 p.m. and opens a public hearing on SB 489.

SB 489 – PUBLIC HEARING

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.

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.

095

Sen. Walker

Agrees that the Legislature does increase the workload of the Marion county court system, and expresses her support for SB 489.

106

Chair Burdick

Asks what court decided to use the PUC record as opposed to the circuit court record.

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.

139

Chair Burdick

Inquires about the cases that would apply under this bill.

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.

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.

200

Lee Beyer

Chairman, Oregon Public Utility Commission.  States that the retroactive clause would be a complicating matter.

208

Sen. Prozanski

Explains that the retroactive clause would be a complicating matter, but the emergency clause would be a good idea.

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.

239

Lang

Talks about certain discrepancies on Page 11 of SB 489 relating to the drafting.

277

Sen. Walker

Comments on Arizona’s PUC.

296

Lang

Discusses PUC’s in other states.

309

Chair Burdick

Closes the public hearing on SB 489 and opens a combined public hearing on SB 276 & SB 277.

SB 276 & SB 277 – PUBLIC HEARING

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.

346

Bill Brewer

State Bar Executive Committee for State Planning and Administration.  Submits testimony and testifies in support of SB 276 (EXHIBIT B).

412

Brewer

Submits testimony and testifies in support of SB 277 (EXHIBIT C).  Cites the clarification that SB 277 brings to the current statute.

453

Chair Burdick

Asks if there are any problems with the language of the bill.

455

Brewer

States that, to his knowledge, there is none.

476

Chair Burdick

Closes the public hearing on SB 276 and SB 277 and opens a work session on SB 276.

SB 276 – WORK SESSION

483

Sen. Starr

MOTION:  Moves SB 276 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

488

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

494

Chair Burdick

Closes the work session on SB 276 and opens a work session on SB 277.

SB 277 – WORK SESSION

496

Sen. Starr

MOTION:  Moves SB 277 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

500

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

TAPE 67, A

033

Chair

Closes the work session on SB 277 and opens a work session on SB 229 & SB 234.

SB 229 & SB 234 – WORK SESSION

035

Chair Burdick

Postpones SB 229 & SB 234 until further notice.

040

Chair Burdick

Closes the work session on SB 229 & SB 234.

042

Chair Burdick

Goes over the combined Senate and House Judiciary committee trip to Pendleton on March 17, 2005.

055

Chair Burdick

Adjourns the meeting at 1:50 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 489, written testimony, Paul Lipscomb, 3 pp
  2. SB 276, written testimony, Bill Brewer, 2 pp
  3. SB 277, written testimony, Bill Brewer, 1 p