HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

February 28, 2003   Hearing Room E

9:00 A.M.  Tapes 42 - 43

 

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:            HB 2389 – Work Session

HB 2130 – Work Session

HB 2767 – Public Hearing

                                                Introduction of Committee Bills – 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 42, A

003

Chair Close

Opens committee meeting at 9:13 a.m. Opens work session on HB 2389.

HB 2389 – WORK SESSION

006

Scott Barrie

Oregon Building Industry Association (OBIA). Testifies in favor of HB 2389 and describes amendment changes regarding filing contracting law suits.

079

Rep. Schaufler

Indicates this bill will help innocent parties with regards to contracting damages.

081

Barrie

Notes he has conferred with contractors on amendment language.

090

Rep. Kitts

Asks for clarification on timelines for construction repairs.

093

Barrie

Explains the length of time for the process.

103

Rep. Schaufler

Notes that everything asked of him has been completed.

105

Rep. Rosenbaum

Asks how many inspections are required.

107

Barrie

Explains the need for coordination of all contractors.

125

Rep. Rosenbaum

Asks for guidelines for the inspection process.

126

Barrie

Answers after a visual overview it is possible the repair could be done at that point.

140

Rep. Merkley

Asks for a description of what kind of suits are filed.

141

Barrie

Explains issues that have been problems.

152

Rep. Merkley

Asks about statute of limitations and customer notification.

178

Barrie

Answers they will receive an inspection report.

185

Rep. Merkley

Asks what would happen if issue is not addressed within the timeline.

193

Barrie

Answers the option is a court action if the work has not been done.

201

Chair Close

Explains that the committee needs more time to look over HB 2389 and have another hearing. Closes work session on HB 2389. Opens work session on 2130.

HB 2130 – WORK SESSION

216

Megan Palau

Committee Administrator. Summarizes HB 2130 and -2 amendment.

219

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 2130-2 amendments dated 02/17/03 (EXHIBIT A).

VOTE:  6-0

EXCUSED:  1 - Rep. Schaufler

220

Rep. Rosenbaum

MOTION:  Moves 2130 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Rep. Schaufler

221

Chair Close

Hearing no objection, declares the motion CARRIED.

REP. BACKLAND will lead discussion on the floor.

222

Rep. Rosenbaum

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. SCHAUFLER to BE RECORDED as voting AYE to move HB 2130 to the floor with a DO PASS AS AMENDED recommendation.

223

Chair Close

Closes work session on HB 2130 and opens public hearing on HB 2767.

HB 2767 – PUBLIC HEARING

259

Megan Palau

Committee Administrator. Summarizes HB 2767.

261

Rep. Rob Patridge

House District 6. Testifies in favor of HB 2767 and gives an explanation of theft that occurs.

322

Rep. Garrard

Asks if someone could be denied employment and wages withheld without due process.

323

Rep. Patridge

Explains the Bureau of Labor and Industry (BOLI) process.

330

Rep. Schaufler

Comments this gives employer unreasonable power.

363

Rep. Patridge

Explains this covers due process.

393

Rep. Merkley

Asks if there are civil remedies to recover monies from theft.

396

Rep. Patridge

Explains the recourse for taking payment from someone’s wages.

TAPE 43, A

014

Rep. Merkley

Suggests there is no balance for termination and recovering wages.

025

Rep. Patridge

Explains steps for termination.

037

Rep. Rosenbaum

Comments on the lack of clarification on situations of theft.

053

Rep. Patridge

Clarifies reading of the bill regarding explanation of termination.

076

Rep. Rosenbaum

Comments on circumstances of termination.

082

Chair Close

Asks for further clarification.

094

Dan Gardner

Commissioner, BOLI. Submits and summarizes prepared testimony in opposition to HB 2767 (EXHIBIT B) and describes their complaint process.

141

Chair Close

Comments that under certain circumstances, employee may need to be terminated.

142

Gardner

Explains bill and states monies do not have to be taken upon termination.

165

Marcia Ohtenmiller

BOLI. Testifies in opposition to HB 2767 and explains the bill and the rights of working people.

180

Chair Close

Asks what are remedies for employers.

182

Ohtenmiller

States that the remedies are well designed in the statute for deductions of employee’s wages.

238

Rep. Kitts

Asks what would stop an employer from saying they are missing $500.

254

Gardner

States principally you are innocent until proven guilty.

262

Rep. Schaufler

Notes that business is a risk and notes there is no logic to this bill.

280

Chair Close

Asks if the final check could be held if legal action is pending.

282

Gardner

States that it cannot.

300

Rep. Garrard

Asks if unemployment payments could be delayed.

302

Gardner

States employment payments cannot be withheld by state law.

312

Ohtenmiller

Reads law and explains.

334

Rep. Kitts

Asks if it is against the law currently to withhold payment pending legal action.

343

Gardner

Answers yes and clarifies.

351

Ohtenmiller

Comments that employee’s termination is a recourse in itself.

371

Rep. Kitts

Asks how this relates to voluntary deductions such as mandatory union dues.

390

Gardner

States that no one is required to take a job which takes deductions of union dues.

421

Tricia Smith

Oregon School Employee’s Association. Testifies in opposition to HB 2767 and explains a new group would be set up.

489

Chair Close

Asks if there is a due process.

TAPE 42, B

001

Rep. Schaufler

Notes that if HB 2767 was passed, it would be opening Pandora’s box.

005

David Nebel

Oregon Law Center. Testifies in favor of HB 2767 and explains this law would provide recompense with farm workers that migrate.

035

Patrick Green

Oregon American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Testifies in favor of HB 2767 and points out the protections for employees.

088

Chair Close

Expresses concern for employers that cannot recover their losses and may lose their businesses.

093

Green

Explains this a law enforcement issue.

100

Rep. Garrard

Ask for amount of wages being taken upon a garnishment.

113

Nebel

Indicates the amount that can be withheld.

124

Rep. Gallegos

Asks how we would protect seniors.

140

Green

Explains the standards and training of employees in long term care facilities and the elderly.

159

Rep. Gallegos

Asks about restitution for thefts in retirement homes.

170

Green

Comments the courts need to deal with these thefts.

165

Rep. Schaufler

Comments on bonding these employees.

183

Chair Close

Closes public hearing on HB 2767 and opens a work session for the purpose of introduction of committee bills.

WORK SESSION – INTRODUCTION OF COMMITTEE BILLS

185

Rep. Rosenbaum

MOTION:  Moves LC's:  1774, 1776, 1963, 2615, and 3154 BE INTRODUCED as committee bills.

186

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

188

Chair Close

Closes work session on committee bills. Adjourns committee meeting at 10:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2130, -2 amendment, staff, 1 p

B – HB 2767, written testimony, Dan Gardner, 2 pp