SENATE COMMITTEE ON RULES

 

 

June 08, 2005                                                                                                         Hearing Room B

8:30 A.M.                                                                                                                     Tapes 94 - 95

Corrected 10/27/05

 

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Brittany Kenison, Committee Assistant

 

 

MEASURE/ISSUES HEARD:          

HB 3268A – Public Hearing and Work Session

HB 2995A – Public Hearing and Work Session

HB 3363A – Public Hearing and Work Session

HB 2113A – Public Hearing and Work Session

HB 2228 – Public Hearing and Work Session

HB 2276A – Public Hearing and Work Session

HB 2303A – Public Hearing and Work Session

Introduction of Committee Measures – 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 94, A

 

003

Chair Brown

Opens the meeting at 8:32 a.m. Opens a public hearing on HB 3268A.

(Note: The committee is meeting as a subcommittee.)

 

HB 3268A – PUBLIC HEARING

 

005

Tiffany Harris

Committee Administrator. Provides an overview of HB 3268A.

 

012

Rep. Peter Buckley

House District 5. Submit and summarizes written testimony in support of HB 3268A (EXHIBIT A).

 

The following written material is submitted for the record without public testimony:

 

 

Jacqueline Zimmer

Director, Oregon Association of Area Agencies on Aging & Disabilities. Submits Long Term Care Service Priority Levels report on HB 3268A (EXHIBIT B).

 

025

Chair Brown

Closes the public hearing on HB 3268A. Opens a public hearing on HB 2995A.

 

HB 2995A– PUBLIC HEARING

 

027

Tiffany Harris

Committee Administrator. Provides an overview of HB 2995A.

 

030

Rep. Larry Galizio

House District 35. Submits and summarizes written testimony in support of HB 2995A (EXHIBIT C). Submits and summarizes –A5 amendments (EXHIBIT D).

 

085

Sen. Shields

Asks what the vote was in the House Chamber.

 

086

Rep. Galizio

States that the vote in the House was 59 – 1.

 

087

Sen. Ringo

Addresses concern with the preemption clause.

 

093

Chair Brown

Asks how HB 2995A is different from the bill relating to payday loan centers and interest rate limits.  

 

099

Rep. Galizio

Explains the difference between refund anticipation loans and pay day loans.

 

110

Matt Marquee

Representative, H & R Block.  Submits and summarizes written testimony in support of HB 2995A (EXHIBIT E).

 

130

Chair Brown

Closes the public hearing on HB 2995A. Opens a work session on HB 2995A.

 

HB 2995A – WORK SESSION

 

135

Sen. Brown

MOTION:  Moves to ADOPT HB 2995A-5 amendments dated 06/07/05.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

137

Sen. Brown

MOTION:  Moves HB 2995A to the floor with a DO PASS AS AMENDED recommendation.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

 

142

Chair Brown

Closes the work session on HB 2995A. Opens a public hearing on HB 3363A

 

HB 3363A – PUBLIC HEARING

 

145

Tiffany Harris

Committee Administer. Provides an overview of HB 3363A. Submits and summarizes –A4 amendments (EXHIBIT F).

 

155

Jeff  Bissonnette

Organizing Director, Citizens’ Utility Board of Oregon. Testifies in support of HB 3363A.

 

185

Mike Grainey

Director, Oregon Department of Energy. Submits and summarizes written testimony in support of HB 3363A (EXHIBIT G).

 

213

Jim Craven

Representative, American Electronics Association.  Testifies in support of HB 3363A with the –A4 amendments.

 

230

Sen. Ringo

Asks if appliances are expected to be taken off the market.

 

234

Grainey

States that if new standards are not adopted Oregon could see an influx of less efficient appliances.

 

240

Bissonnette

Points out the effective date of the new energy efficiency standards, noting that the delay gives manufacturers an opportunity to sell the products on hand.

 

250

Sen. Shields

Questions the necessity of the bill if there is one-year payback.

 

270

Grainey

Speaks to the necessity of HB 3363A.

 

295

Sen. Shields

Comments on efficiency of electronic signs.

 

299

Sen. Ferrioli

Questions if the disclosure of additional energy efficiency data adds new information to the existing disclosure report and ask if energy disclosure is a federal requirement.

 

310

Grainey

Verifies that energy disclosure is a federal requirement and explains why commercial appliances do not report this information.

 

325

Sen. Ferrioli

Comments on the differences between the written testimony and verbal testimony on the bills. Asks if standards are based on California models.

 

341

Grainey

Confirms that Oregon and California standards would be identical, noting the value of improving efficiency standards.

 

358

Sen. Ferrioli

Asks if retailers and wholesalers will be responsible for the enforcement of the new appliance standards.

 

362

Grainey

Explains how enforcement standards and mechanisms parallel other consumer protection statutes.

 

372

Sen. Ferrioli

Asks what will be the mechanism for enforcing the new appliance standards.

 

375

Grainey

States that enforcement will be the responsibility of the Attorney General.

 

378

Sen. Ferrioli

Citing a hypothetical scenario of black market sales, asks what specific enforcement mechanism would be utilized to end the sale of an illegal product.

 

388

Grainey

Replies that the bill does not add authority to current Oregon law regarding the sales of illegal products.

 

393

Bissonnette

Clarifies that digital television adaptors were removed from the bill.

 

The following written material is submitted for the record without public testimony:

 

 

Grainey

Submits Energy Efficiency Standards for Appliances Background & Questions and Answers report on HB 3363A (EXHIBIT H).

 

 

Grainey

Submits Appliance Appendix on HB 3363A (EXHIBIT I).

 

403

Chair Brown

Closes the public hearing on HB 3363A. Opens a work session on HB 3268A.

 

HB 3268A – WORK SESSION

 

415

Sen. Brown

MOTION:  Moves HB 3268A to the floor with a DO PASS recommendation.

 

 

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

 

423

Chair Brown

Closes the work session on HB 3268A. Opens a public hearing on HB 2113A.

 

HB 2113A – PUBLIC HEARING

 

425

Tiffany Harris

Committee Administrator. Provides an overview of HB 2113A.

 

430

Mike Marsh

Deputy Director, Oregon Department of Transportation. Submits and summarizes written testimony in support of HB 2113A (EXHIBIT J).

 

TAPE 95, A

 

010

Chair Brown

Closes the public hearing on HB 2113A. Opens a public hearing on HB 2228.

 

HB 2228 – PUBLIC HEARING

 

015

Tiffany Harris

Committee Administrator.  Provides an overview of HB 2228.

 

020

Ross Laybourn

Assistant Attorney General, Oregon Department of Justice (ODJ). Submits and summarizes written testimony in support of HB 2228 (EXHIBIT K).

 

063

Sen. Ferrioli

Asks what will be the likelihood that violators will be prosecuted.

 

070

Laybourn

Explains why the likelihood for prosecution is “very high.”

 

075

Sen. Ferrioli

Questions the availability of the bonds in the market.

 

076

Laybourn

Addresses the availability of the bonds.

 

085

Sen. Ferrioli

Expresses satisfaction that if given the authority, ODJ will seek to recover bond losses.

 

090

Chair Brown

Closes the public hearing on HB 2228. Opens a public hearing on HB 2276A.

 

HB 2276A – PUBLIC HEARING

 

095

Tiffany Harris

Committee Administrator. Provides an overview of HB 2276A.

 

102

Wendy Johnson

Deputy Director, Oregon Law Commission Testifies in support of HB 2276A.

 

The following written material is submitted for the record without public testimony:

 

 

Johnson

Submits written testimony of Jeff Miller in support of HB 2276A (EXHIBIT L).

 

 

Johnson

Submits Welfare Code Work Group report on HB 2276A (EXHIBIT M).

 

134

Chair Brown

Closes the public hearing on HB 2276A. Opens a public hearing on HB 2303A.

 

HB 2303A – PUBLIC HEARING

 

138

Tiffany Harris

Committee Administrator. Provides an overview of HB 2303A.

 

145

Jared Broadfoot

Representative, National Electrical Contractors Association. Testifies in support of HB 2303A. Submits –A3 amendments (EXHIBIT N).

 

155

Bill Cross

Representative, Oregon Building Officials Association. Submits and summarizes written testimony in support of HB 2303A (EXHIBIT O).

 

175

Broadfoot

Summarizes –A3 amendments.

 

210

Chair Brown

Closes the public hearing on HB 2303A. Opens a work session on 3363A.

 

HB 3363A – WORK SESSION

 

225

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3363A-A4 amendments dated 05/31/05.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

230

Sen. Atkinson

MOTION:  Moves HB 3363A to the floor with a DO PASS AS AMENDED recommendation.

 

237

Sen. Ferrioli

States objection.

 

250

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ringo, Shields, Brown

NAY:               1 - Ferrioli

 

 

Chair Brown

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

 

255

Chair Brown

Closes the work session on HB 3363A. Opens a work session on HB 2113A.

 

HB 2113A – WORK SESSION

 

262

Sen. Atkinson

MOTION:  Moves HB 2113A to the floor with a DO PASS recommendation.

 

 

 

VOTE:  5-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

 

Chair Brown

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

 

268

Chair Brown

Closes the work session on HB 2113A. Opens a work session on HB 2228.

 

HB 2228 – WORK SESSION

274

Sen. Brown

MOTION:  Moves HB 2228 to the floor with a DO PASS recommendation.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

 

 

 

Closes the work session on HB 2228. Opens a work session HB 2276A.

 

HB 2276A – WORK SESSION

 

280

Sen. Brown

MOTION:  Moves HB 2276A to the floor with a DO PASS recommendation.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

 

285

Chair Brown

Closes the work session on HB 2276A. Opens a work session on HB 2303A.

 

HB 2303A – WORK SESSION

 

286

Sen. Brown

MOTION:  Moves to ADOPT HB 2303A--A3 amendments dated 5/26/05.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

288

Sen. Brown

MOTION:  Moves HB 2303A to the floor with a DO PASS AS AMENDED recommendation.

 

 

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

 

289

Chair Brown

Closes the work session on HB 2303A. Opens a work session for the Introduction of Committee Measures.

 

INTRODUCTION OF COMMITTEE MEASURES –WORK SESSION

 

293

Sen. Brown

MOTION:  Moves DRAFTING AND INTRODUCTION of an amended re-draft of HB 2484 (EXHIBIT P).

 

295

Sen. Brown

MOTION:  Moves RE-DRAFT AND INTRODUCTION of SB 347-2 (EXHIBIT Q).

 

298

Sen. Brown

MOTION:  Moves DRAFTING AND INTRODUCTION of Legislation Related to the Government Standards and Practices Commission (EXHIBIT R).

 

310

 

VOTE:  5-0-0

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

311

Chair Brown

Closes the work session for the Introduction of Committee Measures. Adjourns the meeting at 9:30 a.m.

 

 

EXHIBIT SUMMARY

A.  HB 3268A, written testimony, Rep. Peter Buckley, 3 pp

C.  HB 2995A, written testimony, Rep. Larry Galizio, 1 p

D.  HB 2995A, -A5 amendments, Rep. Larry Galizio, 1 p

E.   HB 2995A, written testimony, Matt Marquee, 7 pp

F.   HB 3363A, -A4 amendments, staff, 2 pp

G.  HB 3363A, written testimony, Mike Grainey, 3 pp

J.   HB 2113A, written testimony, Mike Marsh, 4 pp

K.  HB 2228, written testimony, Ross Laybourn, 1 p

N.  HB 2303A, -A3 amendments, Jared Broadfoot, 2 pp

O.  HB 2303A, written testimony, Bill Cross, 1 p

P.   Introductions, HB 2484 Re-Drafting Request, Sen. Kate Brown, 1 p

Q.  Introductions, SB 347-2 Re-Drafting Request, Sen. Kate Brown, 3 pp

R.  Introductions, LC Draft Request, Sen. Kate Brown, 1 p

 

 

The following written material is submitted for the record without public testimony:

B.  HB 3268A, Long Term Care Service Priority Levels Report, Jacqueline Zimmer,    

      5 pp

H.  HB 3363A, Energy Efficiency Standards on Appliances Background & Questions

      and Answers Report, Mike Grainey, 7 pp

I.    HB 3363A, Appliances Appendix, Mike Grainey, 9 pp

L.   HB 2276A, written testimony of Jeff Miller, Wendy Johnson, 1 p

M. HB 2276A, Welfare Code Work Group, Wendy Johnson, 8 pp