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