HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

March 14, 2003   Hearing Room E

9:00 A.M.  Tapes 56 - 58

 

MEMBERS PRESENT:            Rep. Betsy Close, Chair

Rep. Derrick Kitts, Vice-Chair

Rep. Diane Rosenbaum, Vice-Chair

Rep. Mary Gallegos

Rep. Jeff Merkley

Rep. Mike Schaufler

 

MEMBER EXCUSED:             Rep. Bill Garrard

 

STAFF PRESENT:                  Megan Palau, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2824 – Public Hearing

                                                HB 2313 – Work Session

                                                HB 2682 – Work Session

                                                HB 2934 – Public Hearing

                                                HB 2983 – 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 56, A

005

Chair Close

Calls meeting to order at 9:06 a.m. Opens public hearing on HB 2824.

HB 2824 – PUBLIC HEARING

006

Megan Palau

Committee Administrator. Summarizes HB 2824.

011

Lisa Trussell

Associate Oregon Industries (AOI). Testifies in support of HB 2824.

029

Dan Harmon

Vice-President, Hoffman Corporation. Testifies in support of HB 2824 and explains why bill is important.

118

Chair Close

Asks what type of company Hoffman Corporation is.

119

Harmon

States that it is a construction company.

123

Rep. Rosenbaum

Asks at what level people were denied benefits.

124

Harmon

Answers that it was in the administrative and appeal process.

130

Rep. Rosenbaum

Asks if this sets a precedent for standards for businesses in the future.

135

Harmon

States that the cases were over a period of time and had a number of hearings.

148

Rep. Schaufler

Asks if Hoffman Company would be willing to help people who failed drug tests instead of letting them go.

172

Paula Barran

Attorney. Refers to current law.

181

Rep. Schaufler

Notes that in ten days a person could change their lifestyle.

184

Harmon

States that if a drug test is failed, the employee will go on leave and may be rehired within a year if treatment has been initiated.

198

Chair Close

Refers to substance abuse treatment in some companies.

202

Rep. Gallegos

Asks what kind of accidents happen when people are under the influence and what costs are involved.

211

Harmon

Offers incidents of accidents involving substance abuse.

233

Barran

Testifies in favor of HB 2682 and offers information on the structure of the bill and speaks on philosophical concerns.

TAPE 57, A

001

Barran

Continues testimony.

020

Chair Close

Ask why the wording was changed from controlled substance to drug.

021

Barran

Offers clarification and informs committee of levels of testing and explains the last chance agreement.

095

Rep. Gallegos

Asks for clarification on the statement in the bill regarding domestic violence.

106

Barran

Explains that is when an employee leaves a workplace for the reason of domestic violence.

125

Rep. Merkley

Asks for clarification to wording in the bill.

143

Barran

Answers if there are further drafts on the bill the statue may be changed.

161

Rep. Merkley

Notes the findings are by an authorized representative.

166

Rep. Rosenbaum

States the wording applies to disqualification for tardiness.

172

Trussell

Clarifies that the language applies to drug treatment.

193

Rep. Rosenbaum

Notes that bill states disqualification for not testing.

202

Harmon

Clarifies the reasons for disqualifications.

216

Rep. Rosenbaum

Asks if a person has a chance to go in to treatment if they fail to test or would they receive unemployment benefits.

229

Harmon

Answers yes if they seek treatment in ten days.

231

Trussell

Notes the Employment Department has questions regarding the wording of the bill and will work on issues.

235

Chair Close

Closes public hearing on HB 2824. Opens work session on HB 2313.

HB 2313 – WORK SESSION

240

Megan Palau

Committee Administrator.  Summarizes HB 2313.

241

Rep. Gallegos

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2313.

 

 

VOTE:  6-0

EXCUSED:  1 – Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

251

Rep. Gallegos

MOTION:  Moves to RECONSIDER the vote by which HB 2313 was sent to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 – Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

263

Chair Close

Closes work session on HB 2313. Opens a work session on HB 2682.

HB 2682 – WORK SESSION

270

John McCulley

Oregon Association of Mortgage Brokers. Submits and summarizes prepared testimony in support of HB 2682 (EXHIBIT A) and summarizes the -2 amendments.

334

John Powell

State Farm Insurance. Testifies in favor of HB 2824 and outlines the -2 amendments and explains changes.

390

Rep. Kitts

MOTION:  Moves to ADOPT HB 2682-2 and -3 amendments dated 03/13/03 (EXHIBITS B & C).

392

 

VOTE:  6-0

EXCUSED:  1 - Rep. Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

394

Rep. Kitts

MOTION:  Moves HB 2682 to the floor with a DO PASS AS AMENDED recommendation.

396

 

VOTE:  6-0

EXCUSED:  1 - Rep. Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

REP. KITTS will lead discussion on the floor.

398

Chair Close

Closes work session on HB 2682 and re-opens public hearing on HB 2824.

HB 2824 – PUBLIC HEARING

400

J.L. Wilson

National Federation of Independent Business of Oregon (NFIB). Testifies in favor of HB 2824 and describes business themes as associated with HB 2824.

TAPE 56, B

001

Wilson

Continues testimony.

012

Rep. Merkley

Asks for clarification to wording in the bill noting to the separation between subsection #2 and subsection #9.

020

Wilson

Offers he does not know.

023

Darrell Fuller

Oregon Auto Dealers Association. Testifies in favor of HB 2824 and concurs with testimony of J.L. Wilson.

030

Rep. Rosenbaum

Asks if all small employers have written policies or legal document for requirements.

039

Wilson

States not all businesses are able financially to have policies in place.

042

Patrick Green

Oregon AFL-CIO. Testifies in opposition to HB 2824 and states there is already adequate legislation in place.

091

Rep. Schaufler

Asks how someone avoids being discharged from employment.

103

Wilson

Notes that he opposes testing for regulations to off the job behavior.

113

Ed Glad

Pacific Northwest Regional Counsel of Carpenters. Testifies in opposition to HB 2824 and explains people do not want to work for a company where they are being tested for doing something they do in their spare time.

176

Chair Close

Asks if there are construction companies that do not drug test.

177

Glad

States that other than union companies most contractors do not test unless they are large companies and submit their own testing.

202

David Fidanque

American Civil Liberties Union (ACLU) of Oregon. Testifies in opposition to HB 2824 and states that bill is unnecessary and that it will cause more problems than it will solve.

293

Rep. Gallegos

States that applying for unemployment should require availability for suitable work.

294

Fidanque

States the definition of suitable work.

306

Rep. Gallegos

Asks if he is opposing context of the bill.

307

Fidanque

States he is not and explains.

326

Rep. Rosenbaum

Asks what are the provisions in the bill that would allow persons to object if tested positive.

327

Fidanque

Explains the bill does not state any provisions for people using legal medical marijuana but would be disqualified from unemployment benefits.

TAPE 57, B

001

Fidanque

Continues testimony.

022

Tom Byerly

Oregon Employment Department. Testifies as a neutral party and offers further information on needing clarification on the word adulterant.

045

Rep. Schaufler

Asks if drinking a gallon of water would look like a deterrent from testing positive for drugs.

046

Chair Close

Asks how he would rewrite the language of the bill.

048

Byerly

Answers he needs to look at the term adulterant and will be working with drafters to change the wording.

083

Rep. Rosenbaum

Asks in his interpretation if avoiding misconduct refers to all phases of misconduct.

100

Rep. Merkley

Comments on the different kinds of drugs related in the bill except drugs taken under the supervision of health care professionals.

112

Byerly

States the bill only refers to discharges that occur as a result of being absent or tardy.

126

Chair Close

Closes public hearing on HB 2824 and opens a public hearing on HB 2934.

HB 2934 – PUBLIC HEARING

138

Megan Palau

Committee Administrator.  Summarizes HB 2934.

139

Jon Chandler

Oregon Building Industry Association (OBIA).  States he will be testifying on HB 2934 and HB 2983.

141

Chair Close

Closes public hearing on HB 2934 and opens a public hearing on HB 2934 and HB 2983 jointly.

HB 2934 & HB 2983 – PUBLIC HEARING

151

Jon Chandler

Oregon Building Industry Association (OBIA). Testifies in favor of HB 2983 and explains the bill refers to System Development Charges (SDCs) but explains the language in the bill is broad and is in need of the language being changed. On HB 2934 it only relates to level of service.

286

Rep. Schaufler

Asks if the fees that are being charged for development are used to slow progress.

291

Chandler

Says yes but development is needed and there are easier ways of slowing it down.

301

Richard Reed

Alternatives to Growth Oregon. Testifies in opposition to HB 2934 and HB 2983. States that bills are inadequate and in need of change.

371

Rep. Gallegos

Asks if SDCs are charged to existing home sales.

378

Reed

Acknowledges only new construction.

383

Rep. Gallegos

Notes if there is no land to build on how can the SDC be recovered.

393

Reed

States that when a community reaches to build out, revenues should be healthy and funds are also received from other sources.

401

Rep. Schaufler

Notes that adequate land exists for development, but not enough money exists to maintain it.

405

Chair Close

Closes public hearing on HB 2934 and HB 2983. Adjourns meeting at 10:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2682, written testimony, John McCulley, 3 pp

B – HB 2682, proposed amendments, staff, 2 pp

C – HB 2682, proposed amendments, staff, 1 p