HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

March 10, 2003   Hearing Room E

8:30 A.M. Tapes  52 – 53

 

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

Mike Reiley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2313 – Public Hearing and Work Session

SB 353 – Public Hearing and Work Session

HB 2762 – 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 52, A

002

Chair Close

Calls meeting to order at 8:33 a.m. Opens public hearing on HB 2313.

HB 2313 – PUBLIC HEARING

007

Megan Palau

Committee Administrator. Summarizes HB 2313.

011

Ted Reutlinger

Legislative Counsel. Explains changes in language in HB 2313. Notes that changes are technical in nature, rather than substantive.

038

Chair Close

Asks for clarification of changes being made.

041

Reutlinger

Clarifies language and changes in HB 2313.

053

Darrell Fuller

Oregon Auto Dealers Association. Testifies in support of HB 2313.

068

Chair Close

Closes public hearing on HB 2313. Opens work session on HB 2313.

HB 2313 – WORK SESSION

075

Rep. Kitts

MOTION:  Moves HB 2313 to the floor with a DO PASS recommendation.

080

Rep. Garrard

MOTION:  Moves HB 2313 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

090

Chair Close

Closes work session on HB 2313. Opens public hearing on SB 353.

SB 353 – PUBLIC HEARING

095

Dave Barrows

Complementary Health Care Insurance. Testifies in support of SB 353.

103

Andrea Gioia

President, Complementary Health Care Insurance. Submits and summarizes prepared testimony in support of SB 353 (EXHIBIT A).

118

Rep. Garrard

Asks if SB 353 would help reduce liability insurance.

120

Gioia

Answers yes and offers clarification.

124

Barrows

Offers additional testimony in support of SB 353.

140

Steven Kafoury

Oregon Acupuncture Association, Oregon Physical Therapy Association. Testifies in support of SB 353.

160

Chair Close

Asks about statute language regarding referral by practitioner.

162

Kafoury

Explains that it is in statute and offers clarification.

170

Chair Close

Closes public hearing on SB 353. Opens work session on SB 353.

SB 353 – WORK SESSION

175

Rep. Kitts

MOTION:  Moves SB 353 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. ROSENBAUM will lead discussion on the floor.

182

Chair Close

Closes work session on SB 353. Opens public hearing on HB 2762.

HB 2762 – PUBLIC HEARING

187

Megan Palau

Committee Administrator. Summarizes HB 2762.

193

Rep. Jeff Kruse

House District 7. Testifies in support of HB 2762.

208

Rep. Rosenbaum

Asks about application of definition of collective bargaining.

217

Rep. Kruse

Answers and explains process of collective bargaining.

223

Chair Close

Asks if any other states have similar process.

224

Rep. Kruse

Answers no.

228

Rep. Schaufler

States objections to HB 2762.

245

Rep. Kruse

Discusses standards for government.

268

Rep. Garrard

States support for HB 2762.

277

Rep. Kruse

Acknowledges support. Notes concerns of Rep. Rosenbaum.

287

Rep. Kitts

Asks how HB 2762 will address “sunshine laws.”

300

Rep. Kruse

Addresses concerns.

317

Rep. Gallegos

Asks about open caucus meetings.

324

Rep. Kruse

Explains difference between caucus meetings and collective bargaining meetings.

340

Rep. Merkley

Asks about intent for HB 2762.

342

Rep. Kruse

Addresses concerns and intent for HB 2762.

362

Jim Botwinis

President, Oregon State Police Officers Association. Testifies in opposition to HB 2762. Notes that public already has access to collective bargaining meetings.

TAPE 53, A

029

Chair Close

Asks for clarification of statute cited by Mr. Botwinis.

033

Botwinis

Clarifies statute.

049

Chair Close

Asks for further clarification.

055

Rep. Garrard

Asks if votes are taken in caucus meetings.

057

Botwinis

Answers no and explains meeting process.

066

Rep. Garrard

Asks if any member of public was present at last contractual meeting.

068

Botwinis

Answers no.

070

Rep. Gallegos

Asks if public would be allowed.

072

Botwinis

Answers they would.

079

Tricia Smith

Oregon School Employees Association (OSEA). Testifies in opposition to HB 2762.

119

Victor Musial

Director of Field Operations, OSEA. Testifies in opposition to HB 2762.

180

Rep. Schaufler

Asks why HB 2762 applies only to collective bargaining meetings.

185

Chair Close

Cites Rep. Kruse’s testimony that reason for bill is due to public expenditures of tax money.

197

Rep. Rosenbaum

Asks for explanation of collective bargaining process.

206

Musial

Explains collective bargaining process.

228

Chair Close

Asks if there is time frame for public to examine agreements before vote is taken.

232

Musial

Answers that there is time.

239

Chair Close

Asks if agreement should go to media before vote.

243

Musial

Answers that media can at times unduly influence process.

249

Chair Close

Asks if agreements should be made public before vote.

252

Merlene Martin

President, OSEA. Explains that negotiations are already public.

265

Chair Close

Asks for clarification of negotiation process.

267

Martin

Explains negotiation process and public notification.

281

Smith

Notes that public has opportunity to provide input.

293

Chair Close

Asks for clarification of public notification of votes.

297

Musial

Explains public notification.

324

Rep. Merkley

Asks if media would be allowed into executive sessions.

335

Musial

Answers that it is possible and explains current provisions.

357

Rep. Merkley

Notes similarities between executive sessions and caucus meetings.

369

Rep. Gallegos

Asks about objections to HB 2762 that do not relate to convenience.

380

Musial

Explains concerns with HB 2762.

421

Rep. Gallegos

Asks for clarification of concerns with HB 2762.

429

Smith

Explains concerns and negotiation process.

TAPE 52, B

018

Rep. Garrard

Asks if meetings could be tape recorded to avoid bias of minutes.

020

Musial

Explains possibilities for obtaining accurate record of meetings.

045

Tricia Bosak

Oregon Education Association. Testifies in opposition to HB 2762.

103

Chair Close

Asks about grievance process.

107

Bosak

Answers and explains public notification.

112

Mary Botkin

American Federation of State, County and Municipal Employees Council 75. Testifies in opposition to HB 2762.

135

Chair Close

Asks about executive sessions and contract negotiations.

137

Botkin

Clarifies nature of executive sessions and contract negotiations.

148

Rep. Garrard

Comments on nature of public and private contract negotiations.

150

Rep. Schaufler

Comments on collective bargaining process and contract negotiations.

167

Botkin

Notes possibilities of information being used in detrimental manner.

203

Chair Close

Notes that press is allowed into meetings under some circumstances.

210

Rep. Kitts

Asks if collective bargaining process is addressed with HB 2762.

228

Bosak

Clarifies potential effects of HB 2762.

242

Rep. Garrard

Notes importance of trust among public officials.

256

John Marshall

Oregon School Boards Association. Testifies in opposition to HB 2762.

349

Chair Close

Explains considerations involved in legislative meeting laws and addresses Rep. Kruse’s intent in proposing bill.

364

Marshall

Explains differences between legislative requirements for meeting notice and collective bargaining meeting notification.

383

Rep. Rosenbaum

Asks if HB 2762 would prevent deals being reached and cites example of Portland school teachers negotiations.

400

Marshall

Addresses concerns about providing notice.

450

Rep. Schaufler

Notes consideration of legislative rules.

469

Chair Close

Closes public hearing on HB 2762. Adjourns meeting at 10:00 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 353, written testimony, Andrea Gioia, 7 pp