HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

February 07, 2003 Hearing Room E

9:00 A.M. Tapes 22 - 24

MEMBERS PRESENT: Rep. Betsy Close, Chair

Rep. Derrick Kitts, Vice-Chair

Rep. Diane Rosenbaum, Vice-Chair

Rep. Mary Gallegos

Rep. Bill Garrard

Rep. Jeff Merkley

Rep. Mike Schaufler

STAFF PRESENT: Megan Palau, Committee Administrator

Pam Cox, Committee Assistant

MEASURE/ISSUES HEARD: Introduction of Committee Measures – Work Session

HB 2341 - Public Hearing

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 22, A
001	Chair Close	Calls committee meeting to order at 9:11 a.m. Opens work session on LC 1259.
WORK SESSION
011	Rep. Garrard	MOTION: Moves LC 1259 BE INTRODUCED as a committee Bill.
012		VOTE: 5-0 EXCUSED: 3 - Gallegos, Rosenbaum, Kitts
	Chair Close	Hearing no objection, declares the motion CARRIED.
021	Chair Close	Closes work session and opens public hearing on HB 2341.
HB 2341 - PUBLIC HEARING
023	Jessica Harris	Associated General Contractors. Testifies in favor of HB 2341 and explains disqualification procedures.
051	Bill Nessly	Oregon Department of Justice. Testifies in favor of HB 2341 and describes bid disqualification issues and appeal process.
069	Chair Close	Asks for clarification of who pays fees on disqualification and appeals.
079	Nessly	Explains.
090	Harris	Describes bifurcating contracts. Defers to Mr. Nessly.
169	Nessly	Comments on public contracting agencies.
204	Chair Close	Asks who pays attorney fees.
221	Rep. Rosenbaum	Asks if changes in the bill affect contracts already awarded.
222	Nessly	Comments the old law applies.
263	Harris	Outlines issues on payment requirements for contractors.
314	Chair Close	Asks for clarification on determining interest for jobs not being on time.
315	Harris	Describes the rate of interest.
TAPE 23, A
052	Harris	Continues.
050	Rep. Merkley	Asks question regarding lien holders.
053	Nessly	Responds.
060	Harris	Comments on subcontractor penalties and remedies.
081	Chair Close	Explains time for public testimony.
088	Harris	Continues to explain construction requirements and compensation.
196	Chair Close	Asks for clarification about fees for education.
213	Harris	Clarifies.
226	Rep. Rosenbaum	Comments on language change and rulemaking process.
228	Harris	Answers.
269	Rep. Merkley	Asks for clarification on the time process.
271	Harris	Answers.
333	Rep. Rosenbaum	Asks about effective date.
312	Harris	Explains the effective date on the bill.
326	Nessly	Comments on being timely.
412	Harris	Summarizes changing references to statutes.
TAPE 22, B
107	Nan Heim	Oregon Rehabilitation Program. Testifies for the disabled.
141	Tim Kral	Oregon Rehabilitation Program. Explains the revision of Oregon state rules and compliance (EXHIBITS A, B).
218	Emil Graziani	Garten Services, Inc. Testifies in support of HB 2341 and on concerns for the disabled (EXHIBIT C).
232	Rep Kitts	Comments on his office working hard for his issue.
306	Marsha Latt	Salem-Keizer Public Schools. Testifies on concerns as to changes to cooperative procurement. Defers to Lavan Maskel.
318	Lavan Maskel	Salem-Keizer Public Schools. Discusses cooperative purchasing and submits written testimony (EXHIBIT D).
368	Rep. Merkley	Asks for the difference between joint or permissive property procurement.
369	Meskal	Defines.
402	Sandra Bishop	Fair Competition Alliance Coalition. Testifies against HB 2341.
TAPE 23, B
016	Jerry Eggar	Owner of Mid Valley Pre-Sort. Testifies in opposition of HB 2341 and comments on the disabled individuals law (EXHIBIT E).
088	Chair Close	Asks if clarifying this bill will cause disabled persons to lose jobs.
089	Eggar	Responds.
104	Rep. Merkley	Asks about the rulemaking is regarding.
106	Eggar	Explains.
118	Rep. Merkley	Asks if his concern is process.
130	Bishop	Comments on the length of time they have been working on the rulemaking process.
140	Eggar	Continues.
160	Rep. Garrard	Asks if Portland Public Schools replaced lost employees.
189	Larry Kirk	Displaced Custodian from Portland Public Schools. Testifies in opposition to HB 2341 and explains that this law has put him out of work (EXHIBIT F).
239	Tina Jackey	Former Custodian Portland Public Schools. Testifies in opposition to HB 2341 (EXHIBIT G).
277	Rep. Merkley	Comments on existing law.
306	Bishop	Answers how HB 2341 and disabled law are included.
342	Rep. Garrard	Discusses intent of bill.
352	Eggar	Offers to provide documentation needed on administration and implementation on the amendment that will make changes against the disabled.
382	Rep. Rosenbaum	Explains concern regarding the context of the bill.
410	Rep. Schaufler	Comments on what the School District had done on these employment issues.
TAPE 24, A
ORS 279.835 submitted by George Hall in reference to HB 2341 (EXHIBIT H).
Written testimony submitted by Robin Freeman, Oregon People’s Utility District Association, in regard to HB 2341 (EXHIBIT I).
008	Chair Close	Summarizes. Closes public hearing on HB 2341. Adjourns committee meeting at 11:02 p.m.

EXHIBIT SUMMARY

A – HB 2341, written testimony, Tim Kral, 4 pp

B – HB 2341, written testimony, Tim Kral, 1 pp

C – HB 2341, written testimony, Emil Grazini, 2 pp

D – HB 2341, written testimony, George Hall, 22 pp

E – HB 2341, , written testimony Jerry Egger, 2 pp

F – HB 2341, written testimony, Larry Kirk, 1 pp

G – HB 2341, written testimony, Tina Jacky, 1 pp

H – HB 2341, ORS 279.835 Section 3, George Hall, 2 pp

I – HB 2341, written testimony, Robin Freeman, 1 p