HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 04, 2003 Hearing Room E

9:00 A.M. Tapes  79 – 80

 

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 2233 – Public Hearing

HB 3051 – Public Hearing

                                                HB 3354 – Public Hearing

                                                HB 3145 – Public Hearing and Work Session

                                                HB 3160 – Work Session

                                                HB 2859 – Work Session

                                                HB 3130 – Work Session

                                                HB 2019 – Work Session

                                                HB 3042 – 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 79, A

003

Vice-Chair Kitts

Calls meeting to order at 9:00 a.m. Opens public hearing on HB 2233.

HB 2233 – PUBLIC HEARING

015

Megan Palau

Committee Administrator. Summarizes HB 2233.

019

Craig Smith

Administrator, Construction Contractors Board (CCB). Submits and summarizes prepared testimony in support of HB 2233 (EXHIBIT A).

038

Bill Boyd

Manager, Dispute Resolution Program, CCB. Offers summary of HB 2233.

077

Smith

Continues summary of HB 2233.

091

Rep. Rosenbaum

Asks about timeframe for filing complaints.

095

Boyd

Explains timeframe provisions.

106                       

Rep. Rosenbaum

Asks about filing fees.

110

Boyd

Explains proposed fees.

121

Rep. Garrard

Asks if CCB can raise fees.

122

Boyd

Answers yes.

126

Rep. Merkley

Asks about claim filing and bankruptcy.

133

Smith

Explains that changes in provisions may be necessary.

148

Rep. Merkley

Asks about homeowner paying processing fees.

158

Boyd

Explains bonds and paying of processing fees.

177

Jessica Harris

Associated General Contractors. Testifies in support of HB 2233.

194

Rick Thomas

Independent Electrical Contractors of Oregon. Testifies in support of HB 2233.

205

Scott Barrie

Oregon Building Industry Association. Testifies in support of HB 2233.

231

John Killin

Associated Builders and Contractors. Testifies in support of HB 2233.

241

Steven Kafoury

Oregon Remodelers Association. Testifies in support of HB 2233.

251

Rep. Merkley

Asks if there is support for amendment regarding timeframe.

253

Kafoury

Answers yes.

254

Killin

Answers yes.

256

Rep. Merkley

Asks about bonds and homeowners filing claims.

260

Kafoury

Answers that issue would be resolved in HB 2233.

262

Killin

Concurs that issue would be resolved in HB 2233.

270

Pat Jones

NACM Business Credit Services. Submits and summarizes prepared testimony in opposition to HB 2233 (EXHIBIT B).

328

Rep. Garrard

Asks how many claims have been filed where bond is insufficient.

334

Jones

Explains claims process.

342

Rep. Merkley

Asks about timeframe and effect on claims.

348

Jones

Explains timeframe.

362

Rep. Merkley

Asks if changing timeframe addresses central issue of HB 2233.

371

Jones

Addresses timeframe changes.

380

Rep. Rosenbaum

Asks about process to resolve issue.

392

Jones

Explains efforts to resolve issue.

TAPE 80, A

008

Vice-Chair Kitts

Closes public hearing on HB 2233. Opens public hearing on HB 3051.

HB 3051 – PUBLIC HEARING

013

Ken Armstrong

Oregon Fire Chiefs Association. Testifies in support of HB 3051.

036

Rep. Garrard

Declares potential conflict of interest.

039

Jeff Johnson

Fire Chief, Tualatin Valley Fire and Rescue. Testifies in support of HB 3051.

072

Vice-Chair Kitts

Declares potential conflict of interest.

074

Nancy Orr

Chief Deputy State Fire Marshal. Submits and summarizes prepared testimony in support of HB 3051 (EXHIBIT C).

095

Eriks Gabliks

Training Director, Department of Public Safety Standards and Training. Submits and summarizes prepared testimony in support of HB 3051 (EXHIBIT D).

111

Rep. Garrard

Asks about revenue associated with training programs.

114

Orr

Explains revenue figures and forecast.

120

Rep. Garrard

Asks for explanation of potential savings.

123

Orr

Explains potential savings.

130

Rep. Rosenbaum

Asks for clarification of nature of surcharge application.

135

Orr

Explains surcharge provisions in HB 3051.

145

Rep. Rosenbaum

Asks for additional clarification.

148

Orr

Offers additional clarification.

150

Vice-Chair Kitts

Closes public hearing on HB 3051. Opens public hearing on HB 3354.

HB 3354 – PUBLIC HEARING

160

Gary Bauer

Northwest Natural. Submits and summarizes prepared testimony in support of HB 3354 (EXHIBIT E).

213

Mike Grainey

Director, Oregon Office of Energy. Testifies in support of HB 3354.

249

Rep. Garrard

Explains development of power plant in Klamath Falls and states support for HB 3354.

261

Vice-Chair Kitts

Closes public hearing on HB 3354. Opens public hearing on HB 3145.

HB 3145 – PUBLIC HEARING

276

Megan Palau

Committee Administrator. Summarizes HB 3145 and -1 amendment (EXHIBIT F).

286

Jack Munro

American Home Shield Corporation. Testifies in support of HB 3145 and -1 amendment.

390

Rep. Merkley

Asks about inappropriate relationship problems in statute.

396

Munro

Explains issue needing to be remedied.

435

Rep. Rosenbaum

Asks if HB 3145 would prevent action to recover damages for previously completed home repairs.

TAPE 79, B

003

Munro

Explains provisions of HB 3145 that would address situation.

020

Rep. Schaufler

Asks about installation of appliances and potential for home damage.

030

Munro

Explains that insurance coverage would depend on contract.

035

Chair Close

Closes public hearing on HB 3145. Opens work session on HB 3145.

HB 3145 – WORK SESSION

040

Rep. Kitts

MOTION:  Moves to ADOPT HB 3145-1 amendments dated 3/20/03.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

Rep. Kitts

MOTION:  Moves HB 3145 to the floor with a DO PASS AS AMENDED recommendation.

050

Rep. Merkley

Asks for additional time for questions.

055

Chair Close

Notes time restraints and denies request.

 

 

VOTE:  6-1

AYE:               6 - Gallegos, Garrard, Kitts, Rosenbaum, Schaufler, Close

NAY:               1 – Merkley

 

Chair Close

The motion CARRIES.

REP. GALLEGOS will lead discussion on the floor.

060

Chair Close

Closes work session on HB 3145. Opens work session on HB 3160.

HB 3160 – WORK SESSION

Written testimony submitted by Laurie Wimmer Whelan, Oregon Education Association, in opposition to HB 3160 (EXHIBIT G).

065

Rep. Kitts

MOTION:  Moves HB 3160 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

075

Chair Close

Closes work session on HB 3160. Opens work session on HB 2859.

HB 2859 – WORK SESSION

080

Megan Palau

Committee Administrator. Summarizes HB 2859 and explains that request has been made for bill to be referred to House Committee on Health and Human Services.

090

Rep. Kitts

MOTION:  Moves HB 2859 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Health and Human Services.

095

Rep. Schaufler

States objection to HB 2859.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

103

Chair Close

Closes work session on HB 2859. Opens work session on HB 3130.

HB 3130 – WORK SESSION

110

Rep. Kitts

MOTION:  Moves HB 3130 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

120

Chair Close

Closes work session on HB 3130. Opens work session on HB 2019.

HB 2019 – WORK SESSION

123

Megan Palau

Committee Administrator. Summarizes HB 2019, -1 amendment (EXHIBIT H) and -2 amendment (EXHIBIT I).

147

Jan Amling

Consumer Credit Counseling. Discusses proposed amendments.

176

Chair Close

Notes that amendments are more extensive than intended.

178

Amling

Asks for clarification of intentions of amendments.

180

Rep. Merkley

Clarifies his position and intentions for HB 2019 and amendments.

195

Chair Close

Clarifies amendments.

200

Amling

States that she will prepare amendments for Legislative Counsel.

217

Chair Close

Closes work session on HB 2019. Opens public hearing on HB 3042.

HB 3042 – PUBLIC HEARING

225

Megan Palau

Committee Administrator. Summarizes HB 3042.

231

Bob Shiprack

Executive Secretary, Oregon Building Trades Council. Testifies in support of HB 3042.

TAPE 80, B

009

Jessica Harris

Associated General Contractors. Testifies in opposition to HB 3042.

016

Dan O’Brien

Current Electrical Construction; Oregon Columbia Chapter, AGC; Independent Electrical Contractors of Oregon. Submits and summarizes prepared testimony in opposition to HB 3042 (EXHIBIT J).

049

Harris

Clarifies that market determines wage rates.

081

John Killin

Associated Builders and Contractors (ABC). Testifies in opposition to HB 3042.

100

Jon Oshel

County Roads Program Manager, Association of Oregon Counties. Testifies and explains point of opposition to HB 3042.

117

Rep. Rosenbaum

Asks if ABC has been in contact with Bureau of Labor and Industries to address issue.

121

Killin

Answers they have.

123

Oshel

Explains work done on issue.

135

Jerod Broadfoot

National Electrical Contractors Association. Testifies in support of HB 3042.

174

Chair Close

Closes public hearing on HB 3042. Adjourns meeting at 10:46 am.

 

 

EXHIBIT SUMMARY

 

A – HB 2233, written testimony and information, Craig Smith, 18 pp.

B – HB 2233, written testimony, Pat Jones, 1 p.

C – HB 3051, written testimony, Nancy Orr, 2 pp.

D – HB 3051, written testimony, Eriks Gablicks, 2 pp.

E – HB 3354, written testimony, Gary Bauer, 2 pp.

F – HB 3145, -1 amendment, staff, 2 pp.

G – HB 3160, written testimony, Laurie Wimmer Whelan, 3 pp.

H – HB 2019, -1 amendment, staff, 1 p.

I – HB 2019, -2 amendment, staff, 3 pp.

J – HB 3042, written testimony, Dan O’Brien, 3 pp.