HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 07, 2003 Hearing Room E

8:30 A.M. Tapes  81 - 82

 

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 3069 – Public Hearing

HB 2649 – Work Session

HB 3174 – Public Hearing

HB 2627 – Public Hearing

HB 3174 – Public Hearing and Work Session

HB 2952 – Public Hearing

                                                HB 2925 – Public Hearing

                                                HB 2717 – Public Hearing and Work Session

                                                HB 3163 – Public Hearing

                                                HB 2649 – 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 81, A

003

Chair Close

Calls meeting to order at 8:35 a.m. Opens public hearing on HB 3069.

HB 3069 – PUBLIC HEARING

007

Chair Close

Closes public hearing on HB 3069. Opens work session on HB 2649.

HB 2649 – WORK SESSION

012

Chair Close

Closes work session on HB 2649. Opens public hearing on HB 3174.

HB 3174 – PUBLIC HEARING

016

Chair Close

Recesses public hearing on HB 3174. Opens public hearing on HB 2627.

HB 2627 – PUBLIC HEARING

019

Megan Palau

Committee Administrator. Summarizes HB 2627.

022

Jerod Broadfoot

International Brotherhood of Electrical Workers Local 280. Explains and testifies in support of HB 2627.

031

Chair Close

Asks about necessity for bill.

033

Broadfoot

Explains necessity for bill.

038

Chair Close

Closes public hearing on HB 2627. Reopens public hearing on HB 3174.

HB 3174 – PUBLIC HEARING

043

Megan Palau

Committee Adminstrator. Summarizes HB 3174.

060

Rick Thomas

Executive Director, Independent Electrical Contractors of Oregon. Testifies in support of HB 3174.

110

Dan O’Brien

President, Current Electrical Construction Company; Independent Electrical Contractors of Oregon. Submits and summarizes prepared testimony in support of HB 3174 (EXHIBIT A).

220

Jessica Harris

Associated General Contractors. Testifies in support of HB 3174. Notes concerns about bill.

258

John Killin

Director of Government Affairs, Associated Builders and Contractors, Inc. Submits and summarizes prepared testimony in support of HB 3174 (EXHIBIT B).

275

Scott Bray

Northwest Electrical Specialties. Testifies in support of HB 3174.

353

Rep. Rosenbaum

Asks if HB 3174 would apply to homeowner doing remodeling work.

359

Harris

Answers yes.

361

Rep. Rosenbaum

Notes that 7 days is short payment period.

367

Harris

Clarifies nature of payment period.

379

Killin

Explains that intent of HB 3174 is intended for commercial projects rather than residential projects.

390

Rep. Rosenbaum

Notes that bill could have unintended consequences and suggests amendments.

406

Bill Boyd

Constructors Contractors Board (CCB). States that CCB is neutral on HB 3174. Notes fiscal impact.

The following prepared testimony is submitted for the record without public testimony for HB 2614:

 

James Van Dyke

Senior Deputy City Attorney, City of Portland. Submits prepared testimony regarding HB 3174 (EXHIBIT C).

TAPE 82, A

014

Chair Close

Closes public hearing on HB 3174. Opens work session on HB 3174.

HB 3174 – WORK SESSION

018

Rep. Kitts

MOTION:  Moves HB 3174 to the floor with a DO PASS recommendation.

023

Rep. Rosenbaum

States support for concept of HB 3174. Notes objections to voting on bill before addressing concerns.

030

Rep. Schaufler

States support for concept of HB 3174. Notes objections to voting on bill before addressing concerns.

037

Shawn Miller

Associated Builders and Contractors, Independent Electrical Contractors of Oregon. States that changes to bill could be made.

054

Rep. Kitts

Withdraws his motion.

056

Chair Close

Closes work session on HB 3174. Opens public hearing on HB 2952.

HB 2952 – PUBLIC HEARING

059

Megan Palau

Committee Administrator. Summarizes HB 2952.

063

Paul Romain

Oregon Beer and Wine Distributors Association. Testifies in support of HB 2952.

147

Rep. Merkley

Asks for clarification of language in HB 2952.

156

Romain

Offers clarification of language in HB 2952.

181

Rep. Merkley

Expresses concern about specificity of language in HB 2952.

190

Romain

Addresses concerns.

200

Michael Taylor

State Relations Director, National Council on Compensation Insurance. Submits and summarizes prepared testimony in opposition to HB 2952 (EXHIBIT D).

225

Chair Close

Asks about legal decision related to issue.

235

Taylor

Explains legal decision.

243

Rep. Garrard

Asks how many classifications have been created in past five years.

246

Taylor

Clarifies classifications created in nationally and in Oregon.

257

John Booton

Ombudsman for Small Business, Department of Consumer and Business Services (DCBS). Testifies in opposition to HB 2952.

294

Chair Close

Asks if DCBS was involved in development of HB 2952.

297

Booton

Explains involvement in development of HB 2952.

310

Chair Close

Asks why DCBS would not want more authority as granted in bill.

312

Booton

Responds.

320

Chair Close

Asks if there is difference between office work and other types of labor.

323

Booton

Answers and explains compensation classification.

328

Rep. Schaufler

Asks for clarification of classifications.

337

Booton

Responds and explains provisions.

348

Taylor

Offers clarification of provisions.

371

John Shilts

Administrator, Workers’ Compensation Division, DCBS. Submits and summarizes prepared testimony in regard to HB 2952 (EXHBIT E).

395

Chris Davie

SAIF Corporation. Testifies in opposition to HB 2952.

421

Lana Butterfield

SAFECO Insurance Company. Testifies in opposition to HB 2952.

431

Romain

Clarifies concerns regarding classifications.

TAPE 81, B

024

Rep. Rosenbaum

Asks what HB 2952 would accomplish that current statute does not.

030

Romain

Clarifies provisions and effects of HB 2952.

047

Chair Close

Closes public hearing on HB 2952. Opens public hearing on HB 2925.

HB 2925 – PUBLIC HEARING

051

Megan Palau

Committee Administrator. Summarizes HB 2925.

052

Jack Barnes

Farmers Insurance. Submits and summarizes prepared testimony in support of HB 2925 (EXHIBIT F).

074

Chair Close

Closes public hearing on 2925. Opens work session on HB 2925.

HB 2925 – WORK SESSION

080

Rep. Gallegos

MOTION:  Moves HB 2925 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

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

EXCUSED:  1 – Kitts

 

Chair Close

The motion CARRIES.

REP. SCHAUFLER will lead discussion on the floor.

085

Chair Close

Closes work session on HB 2925. Opens public hearing on HB 2717.

HB 2717 – PUBLIC HEARING

088

Megan Palau

Committee Administrator. Summarizes HB 2717.

100

Mark Long

Administrator, Building Codes Division. Explains HB 2717 and -1 amendment.

123

Jerod Broadfoot

National Electrical Contractors Association, International Brotherhood of Electrical Workers. Testifies in support of HB 2717. Explains work that has been done on HB 2717.

132

Rep. Garrard

Asks what electrical equipment is not considered a threat to life.

135

Long

Explains provisions in HB 2717.

150

Steve Jackson

Precision Interconnect. Testifies in support of HB 2717.

159

Jim Craven

American Electronics Association. Testifies in support of HB 2717.

171

Nathan Philips

Chairman, Oregon Electrical and Elevator Board. Testifies in support of HB 2717.

203

Chair Close

Closes public hearing on HB 2717. Opens work session on HB 2717.

HB 2717 – WORK SESSION

210

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 2717-1 amendments dated 4/4/03 (EXHIBIT G).

 

 

VOTE:  6-0

EXCUSED:  1 - Gallegos

 

Chair Close

Hearing no objection, declares the motion CARRIED.

215

Rep. Rosenbaum

MOTION:  Moves HB 2717 to the floor with a DO PASS AS AMENDED 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.

225

Chair Close

Closes work session on HB 2717. Opens public hearing on HB 3163.

HB 3163 – PUBLIC HEARING

250

Schelly Jensen

Regulatory and Governmental Affairs Manager, Verizon. Testifies in support of HB 3163.

274

Mark Long

Administrator, Building Codes Division. Testifies in regard to HB 3163.

290

Nathan Philips

Chairman, Oregon Electrical and Elevators Board. Testifies in support of HB 3163.

321

Mike Dewey

Oregon Cable Telecommunications Association. Testifies in support of HB 3163.

358

Jerod Broadfoot

National Electrical Contractors Association. Testifies in support of HB 3163.

372

Chair Close

Closes public hearing on HB 3163. Opens work session on HB 3163.

HB 3163 – WORK SESSION

377

Rep. Kitts

MOTION:  Moves to ADOPT HB 3163-1 amendments dated 4/7/03 (EXHIBIT H).

 

 

VOTE:  6-0

EXCUSED:  1 – Garrard

 

Chair

Hearing no objection, declares the motion CARRIED.

385

Rep. Kitts

MOTION:  Moves HB 3163 to the floor with a DO PASS AS AMENDED recommendation.

388

Rep. Rosenbaum

Commends work done on HB 3163. Declares potential conflict of interest.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

410

Chair Close

Closes work session on HB 3163. Opens work session on HB 2649.

TAPE 82, B

HB 2649 – WORK SESSION

002

Megan Palau

Committee Administrator. Summarizes HB 2649.

010

Jim Welsh

Oregon State Grange. Testifies in support of HB 2649.

045

Chair Close

Closes work session on HB 2649. Adjourns meeting at 10:03 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3174, written testimony, Dan O’Brien, 4 pp

B – HB 3174, written testimony, John Killin, 3 pp

C – HB 3174, written testimony, James Van Dyke, 3 pp

D – HB 2952, written testimony, Michael Taylor, 5 pp

E – HB 2952, written testimony, John Shilts, 2 pp

F – HB 2925, written testimony, Jack Barnes, 1 p

G – HB 2717, -1 amendment, staff, 16 pp

H – HB 3163, -1 amendment, staff, 11 pp