TAPE/#

Speaker

Comments

TAPE 113, A

003

Chair Brown

Calls meeting to order at 1:06 p.m. and opens a public hearing on HB 3179.

HB 3179 – PUBLIC HEARING

010

Tiffany Harris

Committee Administrator. Gives overview of HB 3179. Submits the -1 amendments (EXHIBIT A).

015

Chair Brown

Calls Carl Bjerre to testify on HB 3179.

023

Carl Bjerre

National Conference of Commissioners on Uniform State Laws (NCCUSL). Testifies on HB 3179.

051

Chair Brown

Asks how long Mr. Bjerre has been a member of the NCCUSL.

052

Bjerre

Replies three and a half years. Informs of other members of the conference. Talks about the conference. Continues testimony on HB 3179.

060

Chair Brown

Asks how many student athletes might be impacted on an annual basis by HB 3179.

067

Bjerre

Defers to Deborah Lincoln from the Oregon Department of Education (DOE).

075

Deborah Lincoln

DOE. Responds to Chair Brown’s question. Says there have been twenty-nine athlete agents and nineteen are current.

079

Chair Brown

Asks if the DOE supports the enforcement provisions in HB 3179.

081

Lincoln

Replies yes and explains the DOE’s recommendations.

091

Chair Brown

Asks if they support the HB 3179 -1 amendments.

093

Lincoln

Replies yes.

094

Bjerre

Responds yes.

095

Chair Brown

Asks Ms. Lincoln to discuss the HB 3179 -1 amendments.

096

Lincoln

Defers to Mr. Bjerre.

097

Chair Brown

Asks Mr. Bjerre to give an overview of the -1 amendments to HB 3179.

098

Bjerre

Discusses the -1 amendments to HB 3179.

121

Chair Brown

Says that it looks like standard language.

124

Bjerre

Hopes that the committee will pass HB 3179 with the -1 amendments.

128

Chair Brown

Closes public hearing on HB 3179 and opens a public hearing on HB 2236A.

HB 2236A – PUBLIC HEARING

141

Chair Brown

Recesses public hearing on HB 2236A and opens a public hearing on HB 2772A.

HB 2772A – PUBLIC HEARING

145

Tiffany Harris

Committee Administrator. Gives overview of HB 2772A. Submits HB 2772A -A7 amendments (EXHIBIT B).

152

Rep. Sal Esquivel

House District 6. Testifies in support of HB 2772A.

175

Chair Brown

Asks about agreement between the insurance industry and the Realtor’s Association regarding the issue of 500 to 1,000.

179

Rep. Esquivel

Replies that their original agreement was 500 and that is what they have stayed with.

188

Jana Jarvis

Government Affairs Director, Oregon Association of Realtors. Testifies in support of HB 2772A. Submits written testimony (EXHIBIT C).

221

Woody Ouderkirk

Owner, Mishey Real Estate. Testifies in support of HB 2772A.

262

Chair Brown

Asks if the real estate business is doing well in Newport.

263

Ouderkirk

Replies that it has done great in the last year.

270

John Powell

Regence BlueCross BlueShield of Oregon. Testifies on HB 2772A.

335

Sen. Shields

Asks why it won’t work over time.

337

Powell

Explains why it won’t work over time.

370

Chair Brown

Asks if it is possible that the health insurance policy will draw on a high-risk pool of individuals as well as a group of low-risk individuals.

382

Powell

Replies that it will have to draw both groups of people in order to be functional.

386

Sen. Shields

Asks if there is a sense of what percentage they will be able to pool.  

391

Jarvis

Explains that they have done an informal survey that has resulted in two-thirds to three-fourths of the audience being interested in a health insurance policy.

TAPE 114, A

001

Chair Brown

Asks if a health insurance policy that could be carried from one association to another would be useful to individuals in the real estate industry.

006

Jarvis

Replies yes and explains.

015

Chair Brown

Closes public hearing on HB 2772A and re-opens a public hearing on HB 2236A.

HB 2236A– PUBLIC HEARING

021

Tiffany Harris

Committee Administrator. Gives overview of HB 2236A.

028

Chair Brown

Closes public hearing on HB 2236A and opens public hearing on HB 2315A.

HB 2315A – PUBLIC HEARING

033

Tiffany Harris

Committee Administrator. Gives overview of HB 2315A.

040

Kathleen Wilde

Legal Director, Oregon Advocacy Center. Testifies in support of HB 2315A.  Submits written testimony (EXHIBIT D).

070

Stan Czerniak

Assistant Director of Operations, Department of Corrections. Testifies in support of HB 2315A. Submits written testimony (EXHIBIT E).

098

Chair Brown

Closes public hearing on HB 2315A and opens public hearing on HB 2729A.

HB 2729A – PUBLIC HEARING

103

Tiffany Harris

Committee Administrator. Gives overview of HB 2729A.

108

Rep. Chuck Burley

House District 54. Testifies in support of HB 2729A.

133

Sen. Ben Westlund

Senate District 27. Testifies in support of HB 2729A.

166

Sen. Atkinson

Asks about amendment with language that would force harvesting. Wonders how it would be enforced.

176

Rep. Burley

Responds. Submits memorandum from Doug Goe, Orrick, Herrington & Sutcliffe LLP (EXHIBIT F).

205

Sen. Atkinson

Clarifies that if it is not managed as outlined, there is a chance of defaulting on the bond.

209

Rep. Burley

Replies yes and explains.

214

Sen. Atkinson

Asks clarifying question. 

218

Rep. Burley

Explains.

223

Sen. Atkinson

Asks if it is because the fiduciary responsibility is to the individual rather than the corporation.

226

Rep. Burley

Replies that he is not qualified to answer the question.

227

Sen. Westlund

Responds to Sen. Atkinson’s question.

256

Brwon

Closes public hearing on HB 2729A and opens a public hearing on HB 2831A.

HB 2831A – PUBLIC HEARING

265

Tiffany Harris

Committee Administrator. Gives overview of HB 2831A.

270

Rep. John Dallum

House District 59. Testifies in support of HB 2831A.

298

Gene Parker

City Attorney, The Dalles, Oregon. Testifies in support of HB 2831A. Submits written testimony (EXHIBIT U).

327

Chair Brown

Closes public hearing on HB 2831A and opens a public hearing on HB 2596A.

HB 2596A – PUBLIC HEARING

338

Tiffany Harris

Committee Administrator. Gives overview of HB 2596A.

346

Chair Brown

Closes public hearing on HB 2596A and re-opens public hearing on HB 2729A.

HB 2729A - PUBLIC HEARING

362

Bill Kluting

Western Council Industrial Workers. Testifies on HB 2729A.

386

Tom Tuchman

US Forest Capital. Testifies on HB 2729A.

TAPE 113, B

001

Tuchman

Continues testimony on HB 2729A.

018

Sen. Shields

Asks how long it will take to pay off the bonds.

022

Kluting

Defers to Mr. Tuchman.

025

Tuchman

Replies that they are probably a thirty to forty year bonding authority.

028

Sen. Ferrioli

Asks about a mechanism of guarantee for sustainable harvest.

032

Tuchman

Explains how it guarantees a sustainable harvest.

043

Sen. Ferrioli

Comments that other sources of revenue would be available.

045

Tuchman

Responds.

055

Sen. Ferrioli

Explains concern and asks why it was not explained in the bill.

063

Tuchman

Explains the attempt.

072

Sen. Ferrioli

Comments that it seems like a lot of convolution to get to the issue of timber harvesting.

074

Tuchman

Responds.

083

Chair Brown

Closes public hearing on HB 2729A and opens a public hearing on HB 3083A.

HB 3083A – PUBLIC HEARING

087

Tiffany Harris

Committee Administrator. Gives overview of HB 3083A.

091

Rep. Brad Avakian

House District 34. Testifies in support of HB 3083A.

107

Sen. Rick Metsger

Senate District 26. Testifies in support of HB 3083A.

114

Chair Brown

Asks if it has been a problem in Oregon.

116

Sen. Metsger

Explains.

125

Rep. Avakian

Responds to Sen. Brown’s question.

129

Sen. Ferrioli

Asks if there is any protection for the incident commander.  

146

Rep. Avakian

Responds that there is nothing specific in the bill regarding indemnification.

151

Sen. Ferrioli

Clarifies that there is no circumstance that Rep. Avakian is aware of where a news person who disobeys the order of an incident commander and gets injured can bring a claim against the incident commander.

162

Rep. Avakian

Responds.  

170

Chair Brown

Comments that anyone can sue, but that, in the case mentioned by Sen. Ferrioli, it is not likely that the reporter would prevail.

174

Sen. Atkinson

Talks about the use of the word “unreasonably” in the bill.

186

Rep. Avakian

Explains why the word “unreasonably” was used.

192

Sen. Atkinson

Offers opinion.   

198

Chair Brown

Recesses public hearing on HB 3083A and re-opens public hearing on HB 2976A.

HB 2976A – PUBLIC HEARING

207

Tiffany Harris

Committee Administrator. Gives overview of HB 2976A.

215

Carl Stecker

Marion County District Attorney’s Office. Testifies in support of HB 2976A. Submits written testimony (EXHIBIT G).

241

Shani Fuller

Department of Justice Oregon Child Support Program. Testifies in support of HB 2976A. Submits written testimony (EXHIBIT H).

260

Kelly Skye

Legislative Representative, Oregon Criminal Defense Lawyer’s Association. Testifies in opposition to HB 2976A. Expresses concern regarding HB 2976A.

325

Stecker

Responds to Kelly Skye’s testimony.

360

Chair Brown

Closes public hearing on HB 2976A and re-opens public hearing on HB 2596A.

HB 2596A – PUBLIC HEARING

370

Angie Dilkes

National Electrical Contractors Association. Testifies in support of HB 2596A.

382

Mark Long

Building Codes Division. Testifies in support of HB 2596A.

386

Sen. Ferrioli

Closes public hearing on HB 2596A and opens public hearing on HB 3050A.

HB 3050A – PUBLIC HEARING

393

Tiffany Harris

Committee Administrator. Gives overview of HB 3050A.

403

Doug Riggs

Oregon Primary Care Association. Testifies on HB 3050A.

TAPE 114, B

001

Riggs

Continues testimony on HB 3050A.

005

Rebecca Landau

Oregon Primary Care Association. Testifies on HB 3050A.

017

Sen. Ferrioli

Closes public hearing on HB 3050A and opens public hearing on HB 3093A.

HB 3093A – PUBLIC HEARING

025

Tiffany Harris

Committee Administrator. Gives overview of HB 3093A. Submits the –A4 amendments (EXHIBIT I).

032

J.L. Wilson

Plumbing Heating Cooling Contractors Association of Oregon. Testifies in support of HB 3093A.

058

Ron Murray

United Association of Plumbers and Steamfitters of the United States and Canada. Testifies on HB 3093A.

061

Dr. Grant Higginson

Community Health and Health Planning, Department of Human Services. Testifies on HB 3093A.

077

Sen. Ferrioli

Asks Dr. Higginson if he is aware of any opposition to the bill.

078

Higginson

Replies that he believes the vast majority is okay with the bill.

083

Murray

Responds to question. Reports that there is no opposition to the amended bill.

088

Sen. Ferrioli

Asks Mr. Wilson if he would agree with Mr. Murray’s testimony.

089

Wilson

Replies yes.

092

Sen. Ferrioli

Closes public hearing on HB 3093A and opens public hearing on HB 3083A.

HB 3083A – PUBLIC HEARING

100

Charlie Stone

Department of Forestry. Testifies on HB 3083A. Submits written testimony (EXHIBIT J).

130

Sen. Ferrioli

Asks if Mr. Stone is requesting that the committee define what is unreasonable.

133

Stone

Explains intent.

138

Sen. Ferrioli

Asks if Mr. Stone can submit his concerns in writing for the committee.

140

Stone

Explains that it is included in his written testimony.

142

Sen. Ferrioli

Comments on the issue of what is “reasonable”.

155

Ken Armstrong

Oregon Fire Chief’s Association. Testifies in opposition to HB 3083A. Submits written testimony  (EXHIBIT K).

177

Genoa Ingram

Oregon Fire District Directors Association. Testifies in opposition to HB 3083A. Submits written testimony  (EXHIBIT L).

223

Dave Fiskum

Oregon Association of Broadcasters. Testifies in support of HB 3083A.

254

Sen. Shields

Asks why the opposition to the bill has come so late in the process.

260

Ingram

Explains.

275

Vice-Chair Ferrioli

Discusses testimony regarding HB 3083A.

292

Ingram

Expresses specific concern regarding the bill and explains in detail.

300

Armstrong

Adds that discussions began early in the process regarding the language in the bill.

330

Vice-Chair Ferrioli

Comments that there might be time to come to closure on compromise language for HB 3083A.

336

Vice-Chair Ferrioli

Closes public hearing on HB 3083A and opens public hearing on SB 1051.

SB 1051 – PUBLIC HEARING

343

Tiffany Harris

Committee Administrator. Gives overview of SB 1051. Submits -1 amendments (EXHIBIT M).

351

Sen. Ben Westlund

Senate District 27. Testifies in support of SB 1051. Discusses SB 1051 -1 amendments.

400

Bruce Bishop

Oregon Association of Hospitals and Health Systems. Testifies on SB 1051. Reports that he has not seen the -1 amendments and that his testimony addresses the original bill. Submits written testimony EXHIBIT N).

TAPE 115, A

002

Vice-Chair Ferrioli

Asks if there are implications for other healthcare providers that see Oregon Health Plan (OHP) patients.

004

Bishop

Replies yes.

006

Sen. Westlund

Comments that the math is still relatively the same and that the logic still holds true for all healthcare providers seeing OHP patients.

008

Vice-Chair Ferrioli

Asks question regarding a discussion of the taskforce.

012

Sen. Westlund

Responds.

019

Sen. Shields

Asks if the committee is considering the bill in its current form or if the committee is considering the -1amendments.

022

Sen. Westlund

Asks that the committee consider the -1 amendments. Discusses the -1 amendments.

027

Vice-Chair Ferrioli

Explains that the -1 amendments will be provided to the committee for review. Recesses public hearing on SB 1051 and re-opens a public hearing on HB 2729A.

HB 2729A – PUBLIC HEARING

034

Sen. Roger Beyer

Senate District 9. Testifies in support of HB 2729A with the –A2 amendments. Submits and discusses the –A2 amendments (EXHIBIT O).

075

Vice-Chair Ferrioli

Asks if he has discussed the –A2 amendments with the proponents of HB 2729A.

076

Sen. Beyer

Replies yes and explains.

083

Vice-Chair Ferrioli

Asks about the concern of the proponents regarding the issue of running into procedural problems.

086

Sen. Beyer

Responds.

093

Vice-Chair Ferrioli

Reports that the –A2 amendments have been distributed to the committee members.

098

Vice-Chair Ferrioli

Closes public hearing on HB 2729A and re-opens the public hearing on SB 1051.

SB 1051 – PUBLIC HEARING

100

Vice-Chair Ferrioli

Discusses SB 1051 -1 amendments. Notes that the -1 amendments have been distributed to the committee members.

117

Vice-Chair Ferrioli

Closes public hearing on SB 1051 and opens public hearing on SB 1076.

SB 1076 – PUBLIC HEARING

120

Tiffany Harris

Committee Administrator. Gives overview of SB 1076. Submits the -1 amendments (EXHIBIT P).

128

Gretchen Morley

Director, Oregon Health Policy Commission. Testifies on SB 1076. Submits written testimony (EXHIBIT Q).

142

Katy King

Intergovernmental Relations Liaison, Department of Human Services. Testifies on SB 1076.

151

Vice-Chair Ferrioli

Asks if there is a reason to have interlocking board of director memberships.

155

King

Replies yes and explains.

160

Vice-Chair Ferrioli

Closes public hearing on SB 1076 and opens public hearing on HJR 20A.

HJR 20A – PUBLIC HEARING

165

Tiffany Harris

Committee Administrator. Gives overview of HJR 20A.

172

Vice-Chair Ferrioli

Recesses public hearing on HJR 20A.

184

Vice-Chair Ferrioli

Committee stands at ease at 3:09 p.m.

185

Vice-Chair Ferrioli

Calls committee back to order at 3:12 p.m. and resumes public hearing on HJR 20A.

190

Blair Bobier

Pacific Green Party of Oregon. Testifies in opposition to HJR 20A.

214

Chair Brown

Closes public hearing on HJR 20A and re-opens public hearing on  SB 1076.

SB 1076 – PUBLIC HEARING

217

Sen. Richard Devlin

Senate District 19. Testifies in support of SB 1076.

270

Chair Brown

Closes public hearing on SB 1076 and opens work session on HB 2315A.

HB 2315A – WORK SESSION

277

Chair Brown

MOTION:  Moves HB 2315A to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

285

Chair Brown

Closes work session on HB 2315A and opens work session on HB 2772A.

HB 2772A – WORK SESSION

286

Tiffany Harris

Committee Administrator. Reports that there are -A7 amendments to HB 2772A.

288

Chair Brown

MOTION:  Moves to ADOPT HB 2772A-A7 amendments dated 6/15/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

290

Chair Brown

MOTION:  Moves HB 2772A to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

293

Chair Brown

Closes work session on HB 2772A and opens work session on HB 2614.

HB 2614 – WORK SESSION

Tiffany Harris

Committee Administrator. Submits HB 2614 -2 amendments (EXHIBIT R).

295

Chair Brown

MOTION:  Moves to ADOPT HB 2614-2 amendments dated 6/10/05.

VOTE:  3-2-1

AYE:            3 - Sen. Brown, President Courtney, Sen. Shields

NAY:            2 - Sen. Atkinson, Sen. Ferrioli

EXCUSED:  1 - Sen. Ringo

Chair Brown

The motion Carries.

300

Chair Brown

MOTION:  Moves HB 2614 to the floor with a DO PASS AS AMENDED recommendation.

302

Sen. Ferrioli

Reports that he will be voting no. Serves notice of possible minority report.

VOTE:  3-2-1

AYE:            3 - Sen. Brown, President Courtney, Sen. Shields

NAY:            2 - Sen. Atkinson, Sen. Ferrioli

EXCUSED:  1 - Sen. Ringo

310

Chair Brown

The motion Carries.

SEN. BROWN will lead discussion on the floor.

Nancy Ross

Oregon Committee for an Independent Voice. Submits written testimony (EXHIBIT S).

David Ellis

Citizen. Submits written testimony (EXHIBIT T).

311

Chair Brown

Closes work session on HB 2614 and opens work session on HB 2729A.

HB 2729A – WORK SESSION

312

 Chair Brown

MOTION:  Moves HB 2729A to the floor with a DO PASS recommendation.

313

Sen. Atkinson

Asks if the committee can vote on the -A2 amendments.

314

Chair Brown

Withdraws motion to move HB 2729 to the floor with a do pass recommendation.

315

Sen. Atkinson

MOTION:  Moves to ADOPT HB 2729A-A2 amendments dated 6/1/05.

VOTE:  2-3-1

AYE:            2 - Sen. Atkinson, Sen. Ferrioli

NAY:            3 - Sen. Brown, Sen. Shields, President Courtney

EXCUSED:  1 - Sen. Ringo

Chair Brown

The motion Fails.

320

Chair Brown

MOTION:  Moves HB 2729A to the floor with a DO PASS recommendation.

VOTE:  4-1-1

AYE:            4 - Sen. Atkinson, Sen. Brown, Sen. Shields, President   Courtney

NAY:            1 - Sen. Ferrioli

EXCUSED:  1 - Sen. Ringo

Chair Brown

The motion Carries.

SEN. WESTLUND will lead discussion on the floor.

325

Chair Brown

Closes work session on HB 2729A and opens work session on HB 2596A.

TAPE 116, A

HB 2596A – WORK SESSION

003

Chair  Brown

MOTION:  Moves HB 2596A to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

010

Chair Brown

Closes work session on HB 2596A and opens work session on HB 2831A.

HB 2831A – WORK SESSION

012

 Chair Brown

MOTION:  Moves HB 2831A to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

018

Chair Brown

Closes work session on HB 2831A and opens work session on HB 3050A.

HB 3050A – WORK SESSION

019

 Chair Brown

MOTION:  Moves HB 3050A to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

027

Chair Brown

Closes work session on HB 3050A and opens work session on HB 3179.

HB 3179 – WORK SESSION

029

Chair Brown

MOTION:  Moves to ADOPT HB 3179-1 amendments dated 6/15/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

032

Chair Brown

MOTION:  Moves HB 3179 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. COURTNEY will lead discussion on the floor.

037

Chair Brown

Closes work session on HB 3179 and opens work session on SB 1051.

SB 1051 – WORK SESSION

040

Tiffany Harris

Committee Administrator. Gives overview of SB 1051 and the -1 amendments.

048

Chair  Brown

MOTION:  Moves to ADOPT SB 1051-1 amendments dated 5/31/05.

049

Sen. Shields

Thinks that someone wanted to testify on the -1 amendments.

050

Chair Brown

Asks if anyone would like to testify on the -1 amenmdents.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

051

Chair Brown

Hearing no objection, declares the motion CARRIED.

052

Chair Brown

MOTION:  Moves SB 1051 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WESTLUND will lead discussion on the floor.

055

Chair Brown

Closes work session on SB 1051 and opens a work session on SB 1076.

SB 1076 – WORK SESSION

070

Chair Brown

MOTION:  Moves to ADOPT SB 1076-1 amendments dated 6/14/05.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

071

Chair Brown

Asks if SB 1076 has a subsequent referral to Ways and Means.

073

Chair Brown

Committee stands at ease at 3:32p.m.

074

Chair Brown

Calls committee back to order at 3:35 p.m.

075

Chair Brown

MOTION:  Moves SB 1076 to the floor with a DO PASS AS AMENDED recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. DEVLIN will lead discussion on the floor.

085

Chair Brown

Closes work session on SB 1076 and opens work session on HB 2976A.

HB 2976A – WORK SESSION

095

Sen. Ferrioli

MOTION:  Moves HB 2976A to the floor with a DO PASS recommendation.

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

105

Chair Brown

Closes work session on HB 2976A and adjourns meeting at 3:35 p.m.