HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

March 17, 2003   Hearing Room E

8:30 A.M.  Tapes 59 - 60

 

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 2333 – Public Hearing and Work Session

                                                HB 2846 – Public Hearing and Work Session

                                                HB 2230 - Public Hearing and Work Session

                                                Introduction of Committee Measures – 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 59, A

005

Chair Close

Calls committee meeting to order at 8:36 a.m. Opens public hearing on HB 2333 and states HB 2229 will not be heard.

HB 2333 – PUBLIC HEARING

006

Megan Palau

Committee Administrator. Summarizes HB 2333.

007

Rep. Tom Butler

House District 60. Testifies in favor of HB 2333 with the -1 amendments and informs the committee on the effects it will have on Idaho Power.

033

Chair Close

Asks about cattle in eastern Oregon.

034

Rep. Butler

Informs the committee on the dire straits of the cattle business in eastern Oregon.

059

John Brenneman

Idaho Power Company. Testifies in favor of HB 2333 and submits written testimony but defers to Ric Gail on problems relating to Idaho Power (EXHIBITS A & B).

060

Ric Gale

Idaho Power. Testifies in favor of HB 2333 and explains the energy crisis and drought Idaho Power is experiencing.

129

Brenneman

Explains the amendments and informs the committee on the outcome regarding meetings with Association of Oregon Industries, Citizens Utilities Board and Industrial Customers.

184

Gale

States they are seeking the ability to make a request.

185

Rep. Kitts

Asks if he could put a dollar amount on the crisis.

186

Gale

Answers $14 million and possibly more with interest charges.

190

Lee Beyer

Commissioner, Oregon Public Utility Commission (OPUC). Testifies in favor of HB 2486 as amended and explains it authorizes the commission to prove a rate recovery higher than the current rate (EXHIBITS C & D).

243

Rep. Rosenbaum

Asks if there are others that might fall under the amendment as Idaho Power.

244

Beyer

Answers no they are unique and represent a very small part of Oregon.

250

Chair Close

Closes public hearing on HB 2333 and opens a work session on HB 2333.

HB 2333 – WORK SESSION

253

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 2333-1 amendments dated 03/07/03.

254

 

VOTE:  6-0

EXCUSED:  1 - Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

254

Rep. Rosenbaum

MOTION:  Moves HB 2333A to the floor with a DO PASS AS AMENDED recommendation.

254

 

VOTE:  6-0

EXCUSED:  1 - Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

REP. BUTLER will lead discussion on the floor.

255

Close Close

Closes work session on HB 2333 and opens a public hearing on HB 2846.

HB 2846 – PUBLIC HEARING

257

Grover Simmons

Independent Employer Association. Testifies in favor of HB 2846 and submits and summarizes written testimony on contracting of manufacturing license plates and offers the specifics of keeping the contract in the states (EXHIBIT E & F).

TAPE 60, A

001

Rep. Tootie Smith

Deputy Majority Leader, House District 18. Testifies in favor of HB 2846 and informs the committee on the impact it will have on Oregon (EXHIBIT G).

060

Rep. Schaufler

States the advantage of health care in Canada.

061

Chair Close

Ask why the construction industries wanted to be exempt from this bill.

064

Simmons

Explains regarding construction companies and then describes interpretation of the word state in the bill.

100

Rep. T. Smith

Notes the loss of Oregon jobs and further explains loosening the license plate contract.

110

Rep. Merkley

Asks if there are any other cases this bill would affect.

112

Rep. T. Smith

States she does not know of any.

121

Rep. Merkley

Asks if there have been conversations with anyone in Canada regarding other businesses in the state that have contracts with them and what the outcome would be.

122

Rep. T. Smith

States that issue is only the manufacturing of license plates and the first time Canada was given the contract.

133

Rep. Rosenbaum

Notes there are no emergency clauses in the bill.

135

Rep. T. Smith

States Canada’s contract expires in September and hopes they will be looking to Oregon.

143

Rosenbaum

Comments on free trade agreements and keeping jobs within our borders.

151

Rep. T. Smith

Concurs with Rep. Rosenbaum and explains desire that bill will save jobs.

165

Dianne Lancaster

Department of Administrative Services (DAS). Testifies as a neutral party for HB 2846 and submits written testimony and states a study needs to be done (EXHIBITS H & I).

219

Chair Close

States that DAS should have addressed issue on their own and should not have been brought before committee.

222

Kelly Taylor

DAS. Testifies as a neutral party and continues to offer an explanation of the history of the contracts.

269

Chair Close

Ask if DAS is concerned about the costs of health benefits, unemployment issues and social services.

270

Taylor

Explains Oregon represents 25% of the plate production process.

314

Bill Nessly

Department of Justice (DOJ). Testifies as a neutral party but offers information that DOJ and DMV did the only thing they could do as the statutory limits indicates the bid must be awarded to the lowest bidder.

334

Chair Close

Asks about the letter received from Irwin-Hodson’s attorney.

336

Nessly

Points out that Oregon has a reciprocal preference and states a discrimination imposed by Canada or Nova Scotia.

354

Chair Close

Asks for further clarification on international trade treaties.

355

Nessly

States there is no International Trade treaty.

370

Rep. Gallegos

Asks how this bidding process will take place.

380

Lancaster

Explains obtaining an outside contractor should be avoided that the employment department has a model for this process.

411

Rep. Gallegos

Asks about $50,000 cost in preparing this study.

413

Lancaster

Explains the economist at the Employment Department stated that for the work that will be preformed given the list of factors that it would cost approximately $50,000.

423

Rep. Rosenbaum

Asks if the definition of the word printing was changed would it still cost as much.

425

Lancaster

Offers explanation.

442

Nessly

States that issue of HB 2846 could be addressed with amendments.

TAPE 59, B

003

Rep. Schaufler

Comments on how much money it cost for the Employment Department to develop the model.

027

Taylor

Clarifies nature of production of various kinds of license plates.

041

Rep. Schaufler

Comments on the money that was spent and says it is totally unacceptable.

062

Rep. Kitts

Concurs with Rep. Schaufler on problem of money spent and states that essence of issue is Oregon jobs and urges passage of HB 2846.

80

Rep. Merkley

States the possibility of amending the bill to consider other options to reduce the expense.

087

Chair Close

Closes public hearing on HB 2846. Opens a work session on HB 2846.

HB 2846 – WORK SESSION

088

Rep. Kitts

MOTION:  Moves HB 2846 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Rep. Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

REP. TOOTIE SMITH will lead discussion on the floor.

090

Lancaster

Explains that setting up this new kind of program does create fiscal impact.

167

Chair Close

Closes work session on HB 2846. Opens a public hearing on HB 2230.

HB 2230 – PUBLIC HEARING

171

Megan Palau

Committee Administrator. Summarizes HB 2230.

185

Paul Romaine

MCI WorldCom. Testifies in support of the -3 amendments on HB 2230 and explains telephone slamming.

260

Brant Wolf

Oregon Telecommunications Association. Testifies in support of HB 2230.

261

Chair Close

Asks how many people worked on the bill and amendments.

262

Wolf

States that Public Utilities Commission (PUC) is fine with the statute as it currently exists.

281

Rep. Rosenbaum

Asks about addressing the remedies of government in addressing issues.

283

Wolf

States that authority is not being taken away from PUC and further explains it gives them authority to handled individual complaints.

341

Chair Close

Asks for explanation of how other states manage these issues.

341

Wolf

Explains how issues are handled.

352

Gallegos

Asks about difference between HB 2230 and HB 2198.

356

Wolf

Explains ability for PUC to impose a fine rather than going to court.

TAPE 60, B

010

Lee Beyer

Commissioner, Public Utility Commission of Oregon. Submits and summarizes prepared testimony in support of HB 2230 (EXHIBIT J).

045

Rep. Close

Notes there is nothing standing in the way of a fine being issued.

046

Rep. Beyer

Answers that Legislature has the authority to take action.

048

Chair Close

Asks how many complaints and what is the action.

050

Clark Jackson

Manager, Consumer Services, PUC. Offers figures and actions.

051

Rep. Rosenbaum

Asks if the bill passed with amendments what would be done if there was a pattern set of unauthorized changes in carriers.

059

Clark

Describes an internal investigation and protocol.

083

Rep. Rosenbaum

Asks if this language is contained in Oregon statute.

084

Roy Hemmingway

Chair, PUC. States that PUC has not had time to consider whether they are compensated for by authority to investigate.

101

Rep. Rosenbaum

Asks who should be contacted if telephone carrier changes the services improperly.

103

Hemmingway

States he does not know if it takes away the ability as individuals to take action.

110

Chair Close

Notes that it is not preferable for a number of companies to proceed in such a manner.

120

Hemmingway

States that Department of Justice acts independently when there is a pattern of abuse.

HB 2230 – WORK SESSION

125

Cheryl Pelligrini

Oregon Department of Justice (DOJ). Testifies the she has not seen the -3 amendments or consulted by the working group but states this amendment would take away remedies of the consumer.

162

Chair Close

Notes that too many agencies should be duplicating work and authority. Closes work session on HB 2230 and states it will be heard again at a later date. Recesses meeting.

208

Chair Close

Reconvenes meeting at 10:36 a.m. Opens work session for the purpose of introducing committee measures.

 MEASURE INTRODUCTION - WORK SESSION

209

Rep. Kitts

MOTION:  Moves LC 3500 BE INTRODUCED as a committee bill.

 

 

VOTE:  5-0

EXCUSED:  2 - Rep. Rosenbaum, Rep. Garrard

 

Chair Close

Hearing no objection, declares the motion CARRIED.

211

Rep. Gallegos

MOTION:  Moves to SUSPEND the rules for the purpose of Reconsidering a Vote on HB 2333.

212

Rep. Gallegos

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. MERKLEY to BE RECORDED as voting AYE.

 

Chair Close

Hearing no objection, declares the motion CARRIED.

220

Chair Close

Closes work session on measure introductions. Adjourns committee meeting at 10:30 a.m.

 

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 2333, John Brenneman, 2 p

B – HB 2333, John Brenneman, 3 pp

C – HB 2333, Commissioner Beyer, 2 pp

D – HB 2333, -1 Amendment, Commissioner Beyer, 2 pp

E – HB 2846, Grover Simmons, 2 pp

F – HB 2846, definition, Grover Simmons, 1 p

G – HB 2846, written testimony, Rep. Tootie Smith, 1 p

H – HB 2846, written testimony, Dianne Lancaster, 5 pp

I – HB 2846, written testimony, Dianne Lancaster, 70 pp

J – HB 2230, written testimony, Commission Beyer, 2 pp