TAPE/#

Speaker

Comments

TAPE 173, A

003

Chair Brown

Calls the meeting to order at 1:10 p.m.  Opens a work session on HB 2389A.

HB 2389A – WORK SESSION

020

Tiffany Harris

Committee Administrator.  Discusses the provisions of the measure. 

027

Rep. Jerry Krummel

House District 26.  Testifies in favor of the –A13 amendments (EXHIBIT A) to the measure.  Elaborates on the problems related to manufactured structure ownership documents.  Mentions a packet of information handed out elaborating on the measure (EXHIBIT B).

057

Rep. Scott Bruun

House District 37.  Testifies in favor of the measure.  Provides detail on the difficulties being faced by mobile home residents, especially for senior citizens.

082

Sen. Ringo

Wonders if there is a revenue analysis on this measure.

084

Rep. Krummel

Notes there is a preliminary estimate in their information packet.

097

Chair Brown

Asks if Sen. Ringo’s question has been answered.

098

Sen. Ringo

Considers the basis for the estimate.

100

Rep. Krummel

Acknowledges the factors for creating an estimate.

113

Chair Brown

Comments they will return to this measure after executive appointments.  Closes the work session on HB 2389A.  Opens a public hearing on executive appointments.

EXECUTIVE APPOINTMENTS - PUBLIC HEARING

OREGON STATE LOTTERY COMMISSION – APPOINTMENT OF PAMELA FOGG (EXHIBIT C)

127

Chair Brown

Requests Ms. Fogg to state her qualifications.

130

Pamela Fogg

Begins testimony on her background and willingness to serve.

150

Sen. Shields

Considers her opinion on assistance for gambling addiction.

155

Fogg

Replies with her support for programs to assist those with gambling addictions.

163

Sen. Ringo

Asks if she has followed the Lottery Commission’s handling of proceeds for bars and restaurants.

170

Fogg

Provides her observations on that situation.

178

Sen. Ringo

Wonders if she is comfortable with the decision arrived at.

180

Fogg

Offers her support for the decision reached.

183

Sen. Ringo

Questions if she would support line games.

185

Fogg

States that she is not personally involved in lottery games.  Admits she does not know everything about the state lottery.

193

Sen. Ringo

Asks if she is comfortable with the line game proposal.

195

Fogg

Relays that she can’t yet answer that.

200

Sen. Ringo

Asks what her thoughts are on the objective of the lottery commission.

203

Fogg

Observes that the intent is to make sure the majority of profits are returned to the public through state services.

207

Sen. Ringo

Wonders if she would advocate for lower commission costs to improve efficiency.

213

Fogg

Admits she does not yet have enough information to evaluate that scenario.

222

Sen. Ringo

Asks if she would support increased gaming to raise revenue for schools and economic development.

227

Fogg

Replies that she would.

229

Sen. Ringo

Wonders what steps she would take to increase revenues.

230

Fogg

Concedes that after she has served on the commission she will have a better idea.

234

Sen. Ringo

Comments on the additional games that could be brought to the state. 

239

Sen. Ferrioli

Appreciates Ms. Fogg’s lack of preconceptions going into this role.

252

Sen. Ringo

Feels the gambling problem is understated.  Admits he is troubled that increasing gambling is become the primary method of raising revenue.

272

Sen. Sheilds

States the heavy price gambling addiction can take on citizens.

280

Chair Brown

Thanks Ms. Fogg for taking time to appear before them.

TEACHER STANDARDS AND PRACTICES COMMISSION – APPOINTMENT AND REAPPOINTMENT OF MARIO ALBA (EXHIBIT D)

285

Mario Alba

Principal, J.B. Thomas Middle School in Hillsboro.  Outlines his background and qualifications for service.

310

Sen. Ringo

Voices his appreciation for his willingness to serve.

315

Sen. Shields

Asks what subject areas he taught prior to his involvement in an administrative role.

318

Alba

States the subject areas he taught.

325

Chair Brown

Thanks Mr. Alba for appearing before the committee.

HOME CARE COMMISSION – APPOINTMENT OF SCOTT LAY (EXHIBIT E)

337

Chair Brown

Contacts Mr. Lay via phone. 

350

Scott Lay

Provides testimony via telephone.  States his experiences as a handicapped person and his experiences with the home care process.

383

Sen. Ferrioli

Clarifies his position’s requirements as a consumer advocate.

390

Lay

Replies that he is aware of his role as a consumer representative.

395

Sen. Ringo

Thanks him for his testimony.

398

Sen. Shields

Mentions his ability to overcome adversity while pursuing his education. 

411

Lay

States the need for disabled persons to maintain their level of independence.

418

Sen. Shields

Offers that Mr. Lay has experienced several obstacles personally and may be able to help other facing the same challenge.

TAPE 174, A

003

Lay

Replies that he has a unique perspective.

010

Sen. Shields

Thanks him for his willingness to serve.

012

Sen. Ferrioli

Asks what “Enigma Enterprises” is.

014

Lay

Explains the origins of his consulting company.

025

Sen. Ferrioli

Points out Mr. Lay’s recognition from the Oregon Paralyzed Veterans of America.  Notes the injured veterans returning from Iraq that would benefit from his advocacy.

027

Lay

Responds that he intends to continue his advocacy.

035

Sen. Ferrioli

Appreciates his testimony.

OREGON COMMISSION FOR VOLUNTARY ACTION AND SERVICE – APPOINTMENTS OF MATTHEW FISHER, BETH FOX AND TED WHEELER AND THE APPOINTMENT AND REAPPOINTMENT OF JACK LORTS  (EXHIBIT F)

059

Sen. Ferrioli

Greets Mr. Fisher and asks him to discuss his background.

065

Matthew Fisher

Discusses his background with AmeriCorps.  States how he became interested in the position.

079

Sen. Ferrioli

Asks for his service background experiences.

080

Fisher

Provides an overview of his work and volunteer background.

100

Chair Brown

Thanks him for his willingness to serve.

112

Chair Brown

Asks Mr. Lorts to provide his background.

114

Jack Lorts

Testifies by phone in regard to his background and willingness to serve.

130

Chair Brown

Inquires how things are in Fossil, Oregon.

135

Lorts

Replies they are having a mule festival in Fossil.

139

Chair Brown

Wonders what a mule festival involves.

140

Lorts

Explains the mule contests.

145

Chair Brown

Thanks him for his willingness to serve.

157

Chair Brown

Contacts Mr. Wheeler via phone.  Asks about his background.

160

Ted Wheeler

Provides testimony regarding his background.

195

Wheeler

Continues to discuss his reasons for wanting to serve.

213

Chair Brown

Asks if he has any concerns about making time for service with his busy calendar.

215

Wheeler

Acknowledges he is a busy person, but will find time to serve.

220

Sen. Shields

Praises his qualifications.

229

Chair Brown

Thanks him for his time.

245

Chair Brown

Contacts Ms. Fox via phone.  Asks her about her reasons for serving.

250

Beth Fox

States her qualifications and professional background.

268

Chair Brown

Expresses her appreciation for Fox’s testimony.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENT OF PEGGY MILLER (EXHIBIT G)

290

Chair Brown

Contacts Ms. Miller via phone.  Asks her about her background and willingness to serve.

296

Peggy Miller

Provides an overview of her professional background and reasons for serving.

313

Chair Brown

Considers her busy schedule and her ability to participate.

315

Miller

Replies that she will do her best to devote time to the board.

320

Chair Brown

Places the committee at ease for a few moments. 

Chair Brown

Asks if anyone wishes to testify on the other reappointments before the committee that have appearances waived.

ENERGY FACILITY SITING COUNCIL – REAPPOINTMENT OF MARTH DIBBLEE (EXHIBIT H)

FAIR DISMISSAL APPEALS BOARD – REAPPOINTMENT OF CAROLYN RAMEY AND BOB WEILL (EXHIBIT I)

OREGON RACING COMMISSION – REAPPOINTMENT OF TODD THORNE (EXHIBIT J)

OREGON TRANSPORTATION COMMISSION – REAPPOINTMENT OF STUART FOSTER (EXHIBIT K)

STATE BOARD OF HIGHER EDUCATION – REAPPOINTMENT OF JOHN VON SCHLEGELL (EXHIBIT L)

324

Chair Brown

Observes no request for public testimony on the reappointments. Closes the public hearing on executive appointments.  Re-opens the work session on HB 2389A.

HB 2389A – WORK SESSION

365

Catherine Koffman

Mobile Home Resident, Wilsonville.  Testifies in support of HB 2389A.

400

Koffman

Advocates the passage of the measure as soon as possible to assist them.

TAPE 173, B

003

Pat Schwock

Executive Director, Manufactured Home Owners of Oregon.  Thanks Rep. Krummel and Sen. Brown for their quick assistance.  Testifies in favor of the measure.

015

Sen. Shields

Considers how this measure would function.  Asks if this is a one time credit or if it could be used again.

021

Schwock

Replies she does not know for sure.

025

Sen. Shields

Observes this is only one answer to the problem.  Considers other credits that could be of assistance.

030

Schwock

Comments on the struggles owners are facing.

037

Tiffany Harris

Committee Administrator.  Answers Sen. Shields inquiry.  States the    –A13 amendments address tax exemption for sales from parks.

043

Schwock

Concurs with her assessment.

046

Sen. Ringo

Discusses the manufactured home problems faced by his constituents.  Wonders about section 12 of the measure and its impact.

054

Schwock

Offers that it refers to older homes being sited in other parks.

057

Sen. Ringo

Wonders why this is a needed part of this measure.

058

Schwock

Replies that parks often won’t take a home older than five years in age.

061

Sen. Ringo

Remains unsure why this element is included.

066

Schwock

Explains the intent as she understands it.

069

Sen. Ringo

Feels that he still does not see a relationship between that section and the rest of the measure.

072

Harris

Clarifies that section 6 and 9 deal with capital gains.

074

Sen. Ringo

Does not see how section 12 of the measure applies.

075

Schwock

Attempts to clarify.

081

Sen. Ringo

Asks that at some point he is provided an answer.  Comments on the negative impacts of tax credits.

088

Schwock

Voices that this is a beginning step for resolving this problem.

097

Rep. Krummel

House District 26.  Clarifies that section 12 is an important part of the measure for enabling the sale of older mobile homes.

111

Sen. Charles Starr

Senate District 13.  Voices his support for the measure. 

122

John Brenneman

Manufactured Housing Communities of Oregon.  Testifies in favor of the measure.

137

Sen. Shields

Observes that this is a one time only tax credit.  Considers if there would be a way to address someone moving more than once.

152

Rep. Krummel

Concurs with the concerns raised with his observation.   

167

Sen. Shields

Asks what percentage of the clients Mr. Brenneman represents would fall into this category.

177

Brenneman

Comments on the recent changes in the industry.  States he does not have a percentage to give, remarks on the current situation.

194

Sen. Shields

Wonders the average lease time.

198

Brenneman

Comments on the terms of current leases.

204

Sen. Shields

Notes the potential long term issues.

210

Sen. Ringo

Asks about the lack of a “sunset clause”.

217

Rep. Krummel

States the reason they did not choose to add a “sunset clause”.

226

Brenneman

Feels that Don Miner could provide a more concise answer to his question.

235

Sen. Ferrioli

Considers this is a creative solution to solve a longstanding problem.  Asks about park residents having a better purchase price than a new buyer.

249

Rep. Krummel

Comments that could occur.  States it is uncertain how it will play out.

259

Sen. Ferrioli

Wonders if there is any talk of having a condominium type purchase system, where residents could own their own lot.

261

Rep. Krummel

Relays they thought about it, but decided it is too complicated an issue to take up at this time in session.  Discusses the time constraints imposed on moving this legislation forward.

270

Brenneman

Informs the committee of changes being made in the industry.

282

Sen. Ferrioli

Feels this is a good way to address the problem.

293

Brenneman

Thanks Sen. Ferrioli for his involvement.

303

Kathleen Neill

Chair, Clackamas County Area Agency on Aging Advisory Council.  Provides testimony in support of HB 2389A.  Comments on the average ages of those living in these facilities and her concerns for them having nowhere else to go.

340

Neill

Relates the heavy financial burden of moving a mobile home to another park, especially for older residents.

375

Neill

Observes that this is a growing problem as the state’s population gets older.

393

Bob Repine

Director, Oregon Housing Community Services.  Comments on the financial implications for mobile home park owners.

TAPE 174, B

003

Sen. Ringo

Requests an additional clarification on Section 12 of the measure.

007

Repine

Responds that local standards can preempt the freedom of movement to another park.

015

Sen. Ringo

States that he is still concerned about the necessity of the section.

017

Repine

Concedes he may not be the one best able to answer that question.

020

Sen. Ringo

Asks his opinion on the potential revenue impact.

023

Repine

Replies it could be a higher cost when taken into account with other state programs.

030

Sen. Shields

Wonders about the sustainability of mobile parks.

048

Repine

Replies that the amount of money available for financing and that it often falls short.

072

Harris

Explains the provisions of section 12 to the rest of the measure.  Feels the –A13 amendment provides a “four-pronged” approach to the problem.

100

Chair Brown

Closes the work session on HB 2389A.  Opens a public hearing on HB 2485B.

HB 2485B – PUBLIC HEARING

112

Heidi Moawad

Committee Administrator.  Explains the provisions of the HB 2485B. 

143

Sen. Ginny Burdick

Senate District 18.  States the intent of the measure in preventing the manufacture of methamphetamines.  Relays the difficulty of making certain cold medicines prescription only.  Feels this is such a serious problem that they need to take serious action.

184

Rep. Greg Macpherson

House District 38.  Explains the rationale of making certain cold medicines prescription only. 

185

Sen. Roger Beyer

Senate District 9.  Observes that there is a  –B8 amendment (EXHIBIT M) and a –B9 amendment (EXHIBT N) before the committee.  Notes that all these products began as prescription drugs. 

225

Chair Brown

Asks for clarification on prescription schedules.

230

Sen. Beyer

Talks about the different levels of prescriptions.  Relays their decision to make these remedies “schedule 3” to make it easier to obtain for the consumer.

236

Sen. Burdick

Concurs that “schedule 3” is the easiest prescription to obtain.

242

Chair Brown

Wonders if they considered the additional cost for health care services.

244

Sen. Burdick

Comments on the need for allergy sufferers having access to similar medications that do not contain pseudoephedrine.  Feels there are enough effective alternatives on the market.

261

Chair Brown

Points out the segment of the population that relies on pseudoephedrine would bear the brunt of the cost.

263

Sen. Burdick

Replies that there has been no documented estimation of cost increases.

266

Sen. Beyer

States the pharmacy changes that will take place, and that there should not be a great cost increase.

278

Chair Brown

Asks about the Medicaid aspect.

283

Rep. Macpherson

Discusses the reimbursement under the Medicaid system.

290

Sen. Ferrioli

Confirms that the work group supports the –B9 amendments, not the    –B8 amendments.  Submits a list of cold medications available that do not contain pseudoephedrine (EXHIBIT O).

308

Sen. Ringo

Wonders how long a “schedule 3” prescription lasts.

312

Sen. Beyer

Replies that it lasts no more than six months or five refills in that time period.

314

Sen. Ringo

Inquires if there is another schedule level that would allow for a longer prescription or more refills.

316

Sen. Burdick

Comments that this is the longest available.  Notes the ease with which the prescription can be renewed.

324

Chair Brown

Considers the real issue is people who do not have health insurance.

329

Sen. Burdick

Feels that they will likely buy a different over-the-counter medicine.

337

Moawad

Takes a moment to clarify the differences between the –B8 and –B9 amendments.

350

Sen. Vicki Walker

Senate District 7.  Presents written testimony and an editorial cartoon (EXHIBIT P).  Voices her opposition to the measure. 

380

Sen. Walker

Feels uninsured Oregonians need to have access to cold medication for a wide variety of ailments.  Observes this is an excessive response that will hurt consumers more than methamphetamine makers.

TAPE 175, A

003

Sen. Walker

Comments on current medical backlogs and that this measure will only add to the problem.

040

Sen. Walker

Points out that methamphetamines are often manufactured outside of the state and smuggled in.  Comments on congressional action to combat methamphetamines.

075

Sen. Walker

Reads the remarks of a pharmacist in opposition to HB 2485B. 

097

Sen. Ringo

Appreciates Sen. Walker’s points.

105

Jennifer Hawks Bland

Consumer Healthcare Products Association.  Presents written testimony (EXHIBIT Q) in opposition to making pseudoephedrine by prescription only.

140

Hawks Bland

Feels there are not adequate alternative medications available.

145

Chair Brown

Asks for her opinion on congress taking action on this problem.

156

Hawks Bland

States that congress is serious about this issue and has proposals before them.

162

Jim Anderson

Representing Schering-Plough Corporation.  Appreciates the efforts of those crafting the legislation.  Supports the measure, but opposes the provision making pseudoephedrine prescription only. 

200

Anderson

Feels making pseudoephedrine a “schedule 3” level prescription will make little difference in the illicit use of the drug.  Advocates the adoption of –B8 amendments.

225

Sen. Ringo

Considers why moving pseudoephedrine behind the counter would not be effective.

237

Anderson

Feels the current methods should be given more time to gauge the results before imposing stricter requirements.

256

Sen. Ringo

Asks about current methods being used to track illicit pseudoephedrine purchases.

258

Anderson

Explains the alternate methods of tracking purchases available.

266

Sen. Ferrioli

Provides a historical overview of dangerous drugs once sold over the counter, such as cocaine and opium.  Notes the arguments made then are similar to the ones being made now. 

300

Sen. Ferrioli

Observes the dire affects of methamphetamines in Oregon.  Talks about the related widespread identity theft problems.

312

Hawks Bland

States these medicines are being transformed into another substance, and not being used as intended.  Notes criminals will find a way around nearly any hurdle.

347

Chair Brown

Adds that this is not a level playing field with so many uninsured Oregonians.

370

Tom Holt

Executive Director, Oregon State Pharmacy Association.  Testifies in support of the measure on behalf of his membership.

400

Holt

Offers that the association once opposed additional regulation of pseudoephedrine.  States that in light of all the abuses taking place they now support it strongly.

TAPE 176, A

010

Holt

Relates the need for a statewide tracking system.  Comments that a non prescription drug is very hard to track.

017

Sen. Ferrioli

Inquires where Mr. Holt’s pharmacy is located.

019

Holt

Responds that he personally does not own a pharmacy but that many of the members do.

021

Brad Berry

District Attorney, Yamhill County, Oregon District Attorneys Association.  Submits a letter on behalf of Bob Hermann (EXHIBIT R).  Speaks in favor of the measure as amended by the –B9 amendments (EXHIBIT N).

043

Blake Rice

Past President, Oregon Board of Pharmacy.  Supports the passage of the measure with the –B9 amendments.  Presents a print out of the Health and Humans Services webpage information (EXHIBIT S).  Submits written testimony for the record (EXHIBIT T).

049

Sen. Ringo

Clarifies his statement that alternative products are not effective.

053

Rice

Specifies that alternative products are effective.  Continues his testimony.

082

Sen. Ringo

Considers that they have a provision to allow a long term prescription.

091

Rice

States that many physicians would not have a problem with that.

095

Holt

Remarks on the federal rules involved with each schedule.

103

Heidi Moawad.

Committee Administrator.  Wonders about prescriptions by mail.

110

Rice

Notes that if something is not covered by insurance now, it won’t be covered if a prescription is required.

113

Moawad

Inquires if someone could obtain a prescription by mail.

117

Rice

Replies they could not.

118

Sen. Ferrioli

Considers the price of addiction on society.

125

Rice

Offers his perspective changed when a methamphetamine lab exploded in his rural home town.

140

Pam Tobeck

Resident of Salem.  Presents written testimony in opposition to the measure (EXHIBIT U).  Notes the public confusion over what the real impact of this measure will be.

175

Tobeck

Feels criminals will always find a way around a law.  Offers that the public who needs the medication will be denied access to it.

210

Tobeck

Acknowledges the immense problem with methamphetamine use.  Relates her concern that this isn’t the solution.

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

Suman Wason

Senior Director for Global Affairs, Wyeth Consumer Healthcare.  Submits written testimony for the record (EXHIBIT V).

220

Chair Brown

Closes the public hearing on HB 2485B.  Opens a work session on HB 2485B.

HB 2485B – WORK SESSION

227

Sen. Shields

MOTION:  Moves to ADOPT HB 2485-B9 amendments dated 7/25/05 (EXHIBIT N).

230

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

236

Sen. Shields

MOTION:  Moves HB 2485B to the floor with a DO PASS AS AMENDED recommendation.

238

VOTE:  5-0-0

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

Chair Brown

The motion CARRIES.

SEN. BEYER AND SEN. BURDICK will lead discussion on the floor.

247

Chair Brown

Closes the work session HB 2485B.  Opens a work session on HB 2389A.

HB 2389A – WORK SESSION

250

Chair Brown

MOTION:  Moves to ADOPT HB 2389A-A13 amendments dated 7/20/05 (EXHIBIT A).

252

Sen. Ringo

Asks if they can hold this issue over until tomorrow.

253

Chair Brown

Replies that in the interest of time they really need to move this measure forward.

255

Sen. Ringo

Feels it is an excellent measure.  Notes his concerns about giving tax credits without a sunset clause.

268

VOTE:  5-0-0

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

Chair Brown

The motion CARRIES.

270

Chair Brown

MOTION:  Moves HB 2389A to the floor with a DO PASS AS AMENDED recommendation.

274

VOTE:  5-0-0

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

Chair Brown

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

277

 Chair Brown

Closes the work session on HB 2389A.  Opens a work session on HB 2181B.

HB 2181B – WORK SESSION

285

Tiffany Harris

Committee Administrator.  Summarizes the measure and that there is a -B4 amendment (EXHIBIT W) before them.

291

Chair Brown

Asks for confirmation that the amendments are conflict amendments.

294

Mark Long

Administrator, Building Codes Division, Department of Consumer and Business Services.  Replies that they are conflict amendments.

298

Chair Brown

MOTION:  Moves to ADOPT HB 2181-B4 amendments dated 7/20/05 (EXHIBIT W).

300

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

302

Chair Brown

MOTION:  Moves HB 2181B to the floor with a DO PASS AS AMENDED recommendation.

304

VOTE:  4-0-1

EXCUSED:  1 - Sen. Ringo

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

310

Chair Brown

Closes the work session on HB 2181B.  Adjourns the committee at 3:54 p.m.