HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 9, 2003 Hearing Room E

8:00 A.M. Tapes  85 - 87

 

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

 

MEASURES HEARD:                     HB 3229 – Public Hearing

HB 3159 – Public Hearing and Work Session

HB 2922 – Work Session

HB 2019 – Work Session

HB 2383 – Work Session

HB 2765 – Public Hearing

HB 3579 – Public Hearing

HB 3422 – Public Hearing

HB 2988 – 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 85, A

003

Chair Close

Calls meeting to order at 8:04 a.m. Opens public hearing on HB 3229.

HB 3229 – PUBLIC HEARING

007

Megan Palau

Committee Administrator. Summarizes HB 3229.

010

Rep. Alan Brown

House District 10. Testifies in favor of HB 3229.

024

Ron Guilter

Toledo, Oregon. Testifies in support of HB 3229. Explains that he is unable to hire his son as apprentice.

096

Chair Close

Asks about federal apprenticeship training guidelines.

098

Guilter

Explains state and federal guidelines.

168

Rep. Schaufler

Speaks on guidelines. Inquires that his son has been denied entry into apprenticeship program.

184

Guilter

Negates.

195

Rep. Schaufler

Requests evidence that his son would be denied entry into the apprenticeship program.  

200

Guilter

Speaks on his knowledge of other accounts.

213

Rep. Schaufler

Asks about his experience.

215

Guilter

Notes he has been a training agent for over twenty years. Speaks on Commission Jack Roberts and unions regarding trades.

226

Rep. Rosenbaum

Asks about provisions in statute.

234

Guilter

Answers.

253

Rep. Rosenbaum

Asks about coast apprentice list.

258

Guilter

Explains apprentice list.

267

Rep. Rosenbaum

Asks if the coast list addresses the situation.

271

Guilter

Explains apprentice list.

292

John Killin

Associated Builders and Contractors (ABC). Testifies in support of HB 3229.

303

Rep. Kitts

Asks about conflict of hiring whomever.

318

Killin

Offers clarification.

325

Chair Close

Closes public hearing on HB 3229. Opens public hearing on HB 3159.

HB 3159 – PUBLIC HEARING

335

Megan Palau

Committee Administrator. Summarizes HB 3159.

Written testimony submitted by Dan Gardner, Bureau of Labor and Industries Commissioner (EXHIBIT A).

340

John DiLorenzo

Attorney with Davis, Wright, Tremaine, LLP. Submits and summarizes prepared testimony in support of HB 3159 on behalf of Hoyt Street Properties (EXHIBIT B). Explains the redevelopment project that includes Hoyt Street Properties. Speaks on single-asset entities with regard to licensing. 

TAPE 86, A

001

DiLorenzo

Continues testimony.

070

Rep. Kitts

Presents related situation.

074

DiLorenzo

Offers clarification.

084

Rep. Kitts

States support for HB 3159.

087

Rep. Schaufler

States support for HB 3159.

100

DiLorenzo

Notes there is a -1 amendment (EXHIBIT C).

103

Chair Close

Closes public hearing on HB 3159. Opens work session on HB 3159.

HB 3159 – WORK SESSION

106

Rep. Kitts

MOTION:  Moves to ADOPT HB 3159-1 amendments dated 4/8/03.

107

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

109

Rep. Kitts

MOTION:  Moves HB 3159 to the floor with a DO PASS AS AMENDED recommendation.

111

Rep. Merkley

Clarifies there is no testimony in opposition.

113

Chair Close

States she does not know of any.

115

 

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.

120

Chair Close

Closes work session on HB 3159. Opens work session on HB 2922.

HB 2922 – WORK SESSION

124

Megan Palau

Committee Administrator. Explains the situation with the bill.

130

Rep. Merkley

MOTION:  Moves HB 2922 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

134

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

136

Chair Close

Closes work session on HB 2922. Opens work session on HB 2019.

HB 2019 – WORK SESSION

144

Megan Palau

Committee Administrator. Explains -1 amendment (EXHIBIT D) and  -3 amendment (EXHIBITS E) to HB 2019.

Written testimony submitted by L.M. Finley, Family Financial Planners, Inc., in opposition to HB 2019  (EXHIBIT F).

160

Rep. Kitts

MOTION:  Moves to ADOPT HB  2019-1 amendments dated 3/13/03.

165

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

170

Rep. Kitts

MOTION:  Moves to ADOPT HB 2019-3 amendments dated 4/8/03.

175

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

180

Rep. Kitts

MOTION:  Moves HB 2019 to the floor with a DO PASS AS AMENDED recommendation.

185

Rep. Kitts

States reservations on the bill, but will vote ‘yes’ in committee.

190

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

CHAIR CLOSE will lead discussion on the floor.

195

Chair Close

Closes work session on HB 2019. Opens work session on HB 2383.

HB 2383 – WORK SESSION

200

Megan Palau

Committee Administrator. Summarizes HB 2383 and the -4 amendments (EXHIBIT G).

211

Pete Shepherd

Deputy Attorney General. Mentions the -4 amendments shorten the notice period regarding vehicle towing. Speaks on the proposals of the workgroup.

270

Chair Close

Inquires about provision for Oregon Department of Transportation (ODOT) to examine records.

272

Shepherd

Provides the location of those provisions in the -4 amendments.

295

Monty King

Oregon Independent Auto Dealers. Testifies in support of HB 2383 and -4 amendments.

305

Al Elkins

Oregon Tow Truck Association. Speaks on uniform requirements. Explains concerns with sections of HB 2383.

340

Chair Close

Offers clarification of workgroup changes for HB 2383 by the amendment.

346

Rep. Rosenbaum

Asks about provisions of sending notice to correct address.

352

Shepherd

Clarifies provisions.

360

Rep. Rosenbaum

Asks for clarification.

380

Rep. Gallegos

MOTION:  Moves to ADOPT HB 2383-4 amendments dated 4/9/03.

384

Rep. Garrard

Requests whether Mr. Elkin’s concerns will be addressed.

386

Chair Close

States the bill will stand upon voting.

387

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

388

Rep. Gallegos

MOTION:  Moves HB 2383 to the floor with a DO PASS AS AMENDED recommendation.

392

Rep. Merkley

Asks about the bill’s language on page four of the -4 amendments.

396

Chair Close

Believes the Senate can make the change if the body sees fit. Requests Mr. King inform the Senate of the change.

400

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. GARRARD will lead discussion on the floor.

405

Chair Close

Closes work session on 2383. Opens public hearing on HB 2765.

HB 2765 – PUBLIC HEARING

428

Megan Palau

Committee Administrator. Summarizes HB 2765.

TAPE 85, B

002

John VanLandingham

Attorney, Lane County Law and Advocacy Center. Testifies in support of HB 2765. Explains changes made by the -1 amendments (EXHIBIT H).

090

Rep. Schaufler

Clarifies the group Mr. VanLandingham is speaking of.

094

VanLandingham

Informs that the outrageous conduct provision applies to everyone.

100

Rep. Rosenbaum

Asks about reckless endangerment language in HB 2765.

104

VanLandingham

Explains language. Continues overview of HB 2765.

140

Rep. Merkley

Asks for clarification of language.

142

VanLandingham

Offers clarification and continues overview of HB 2765.

185

Sharon Fleming-Barrett

Oregon Rental Housing Association. Testifies in support of HB 2765.

192

Rep. Garrard

Asks about provisions regarding narcotics possession.

195

VanLandingham

Clarifies provisions.

209

Rep. Garrard

Expresses concern that landlords become judges.

211

VanLandingham

Offers explanation.

225

Chair Close

Asks for explanation of work group.

227

VanLandingham

Explains representatives in work group.

255

Chair Close

Closes public hearing on HB 2765. Opens public hearing on HB 3579.

HB 3579 – PUBLIC HEARING

261

Megan Palau

Committee Administrator. Summarizes HB 3579.

265

Rep. Wayne Scott

House District 39. Testifies in support of HB 3579.

306

Mark Huston

Oregon Economic and Community Development Department (OECDD). Submits and summarizes prepared testimony on HB 3579 (EXHIBIT I).

345

Rep. Schaufler

Asks for clarification of intent of HB 3579.

359

Huston

Offers clarification of HB 3579.

378

Rep. Schaufler

States he does not understand.

389

Chair Close

Asks if HB 3579 is considered in Governor’s Budget.

394

Huston

Clarifies Governor’s Budget provisions.

402

Rep. Garrard

Asks what happens to money when paid back.

TAPE 86, B

002

Huston

Explains provisions regarding loans and payment.

006

Chair Close

Asks if there would be additional revenue.

009

Huston

Offers clarification.

014

Rep. Gallegos

Wonders about the Office of Small Business relating to a bill.

023

Doris Penwell

OECDD. Speaks on a previous bill. Notes HB 3579 would require more resources.

037

Rep. Schaufler

Clarifies the amount of funds OECDD would have. 

043

Huston

Concurs and lists where interest and principle would return.

050

Penwell

Comments on the Community Development Fund.

061

Rep. Schaufler

Inquires about Full Time Equivalent (FTE) employees.

067

Penwell

Responds regarding the Community Development Fund. Notes there are no personnel funded within the CDF.

085

Rep. Merkley

Requests where the parties stand on HB 3579.

093

Penwell

Replies that OECDD supports the concept of having money to do business loans for small businesses.

099

Huston

Overviews the loan programs currently in operation.

122

Chair Close

Informs there is no fiscal impact on the bill and it will return. Closes public hearing on HB 3579. Opens public hearing on HB 3422.

HB 3422 – PUBLIC HEARING

128

Megan Palau

Committee Administrator. Summarizes HB 3422.

130

Ray Phelps

Plumbing and Mechanical Contractors Association. Speaks on the forthcoming -1 amendments supported by the workgroup.

180

Steve Malany

General Contractor, P & C Construction. Testifies in support of HB 3422 and the -1 amendments.

188

Jessica Harris

Associated General Contractors. Testifies in support of HB 3422 and the -1 amendments.

198

Chair Close

Closes public hearing on HB 3422. Opens public hearing on HB 2998.

Written testimony submitted by Steve Rose, IBEW Local 280 (EXHIBIT J).

Written testimony submitted by Tim Carrier, Painters, District Council #5 (EXHIBIT K).

HB 2998 – PUBLIC HEARING

203

Megan Palau

Committee Administrator. Summarizes HB 2998.

210

Paul Romain

Oregon Petroleum Manufacturers Association (OPMA). Testifies in support of HB 2998.

276

Steve O’Toole

OPMA. Submits and summarizes prepared testimony in support of HB 2998 (EXHIBIT L).

328

Lila Leathers

Owner, Leathers Oil Company. Testifies in support of HB 2998. Explains “hypermarkets”.

419

Bryan Thompson

Past President, Oregon Gasoline Dealers Association. Testifies in support of HB 2998.

TAPE 87, A

034

Rep. Garrard

Asks if there is difference in quality in gasoline.

037

Leathers

Negates.

040

Rep. Garrard

Asks about price of gasoline.

044

Leathers

Responds concerning the price of gasoline.

051

Thompson

Believes hypermarkets are purchasing gasoline at reduced prices.

058

Leathers

Adds that she purchases both branded and unbranded gas.

061

Thompson

Explains branded and unbranded gas.

071

Rep. Rosenbaum

Requests reasons why intervention is necessary in the situation of gasoline.

084

O’Toole

Concurs with Rep. Rosenbaum’s comments. Adds that 21 states have general legislation against low-cost selling.

093

Rep. Kitts

Questions Mr. Romain’s premise regarding the nature of competition in the marketplace. Requests Mr. Romain provide reasons for his beliefs.

122

Romain

Explains why legislative intervention is necessary.

152

Rep. Merkley

Asks for explanation of cost markups.

165

Romain

Explains cost markups.

186

Rep. Schaufler

Expresses support for the concept.

220

Joe Gilliam

Oregon Grocery Association. Testifies in opposition to HB 2998.

257

Julie Brandis

Associated Oregon Industries (AOI). Testifies in opposition to HB 2998.

308

Rep. Kitts

Asks about Wal-Mart.

317

Gilliam

Explains the Wal-Mart situation.

337

Rep. Kitts

States he has no objections to Wal-Mart.

340

Rep. Schaufler

Provides his predictions about cost determination.

365

Chair Close

Closes public hearing on HB 2998. Adjourns meeting at 10:20 a.m.

 

EXHIBIT SUMMARY

 

A – HB 3229, written testimony, Dan Gardner, 3 pp

B – HB 3159, written testimony, John DiLorenzo, 7 pp

C – HB 3159, -1 amendments, staff, 2 pp

D – HB 2019, -1 amendments, staff, 1 p

E – HB 2019, -3 amendments, staff, 3 pp

F – HB 2019, written testimony, L.M. Finley, 1 p

G – HB 2383, -4 amendments, staff, 8 pp

H – HB 2765, -1 amendments, staff, 59 pp

I – HB 3579, written testimony, Mark Huston, 15 pp

J – HB 3422, written testimony, Steve Rose, 1 p

K – HB 3422, written testimony, Tim Carrier, 1 p

L – HB 2998, written testimony, Steve O’Toole, 2 pp