HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 11, 2003 Hearing Room E

8:00 A.M. Tapes  88 - 89

 

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 2577 – Public Hearing

HB 2710 – Public Hearing

HB 2712 – Public Hearing

HB 2715 – Public Hearing

HB 2965 – Public Hearing

HB 2973 – Public Hearing

HB 3048 – Public Hearing

HB 3086 – Public Hearing

HB 3117 – Public Hearing

HB 3148 – Public Hearing

HB 3170 – Public Hearing

HB 3262 – Public Hearing

HB 3420 – Public Hearing

HB 3458 – Public Hearing

HB 3467 – Public Hearing

HB 3486 – Public Hearing

HB 3528 – Public Hearing

HB 3575 – Public Hearing

HB 2640 – Public Hearing

HB 3392 – Public Hearing

HB 3369 – Public Hearing

HB 3322 – Public Hearing

HB 3088 – Public Hearing

HB 3543 – Public Hearing

HB 2665 – Public Hearing

HB 2785 – Public Hearing

HB 3266 – Public Hearing

HB 3276 – Public Hearing

HB 3300 – Public Hearing

HB 3316 – Public Hearing

HB 3400 – Public Hearing

HB 3464 – Public Hearing

HB 3491 – Public Hearing

HJR 5 – Public Hearing

HB 3174 – Work Session

HB 3218 – Public Hearing and Work Session

HB 2304 – Public Hearing and Work Session

HB 3313 – Public Hearing and Work Session

HB 2881 – Public Hearing

HB 3544 – Public Hearing

HB 2368 – Public Hearing and Work Session

HB 2555 – Public Hearing

HB 2433 – Public Hearing

HB 3541 – Public Hearing

HB 3043 – Public Hearing

HB 3476 – Public Hearing

HB 3325 – Work Session

HJR 40 – 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 88, A

003

Chair Close

Calls meeting to order at 8:06 a.m. Opens public hearing on HB 2577.

HB 2577 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2577. Opens public hearing on HB 2710.

HB 2710 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2710. Opens public hearing on HB 2712.

HB 2712 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2712. Opens public hearing on HB 2715.

HB 2715 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2715. Opens public hearing on HB 2965.

HB 2965 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2965. Opens public hearing on HB 2973.

HB 2973 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2973. Opens public hearing on HB 3048.

HB 3048 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3048. Opens public hearing on HB 3086.

HB 3086 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3086. Opens public hearing on HB 3117.

HB 3117 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3117. Opens public hearing on HB 3148.

HB 3148 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3148. Opens public hearing on HB 3170.

HB 3170 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3170. Opens public hearing on HB 3262.

HB 3262 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3262. Opens public hearing on HB 3420.

HB 3420 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3420. Opens public hearing on HB 3458.

HB 3458 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3458. Opens public hearing on HB 3467.

HB 3467 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3467. Opens public hearing on HB 3486.

HB 3486 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3486. Opens public hearing on HB 3528.

HB 3528 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3528. Opens public hearing on HB 3575.

HB 3575 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3575. Opens public hearing on HB 2640.

HB 2640 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2640. Opens public hearing on HB 3392.

HB 3392 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3392. Opens public hearing on HB 3369.

HB 3369 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3369. Opens public hearing on HB 3322.

HB 3322 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3322. Opens public hearing on HB 3088.

HB 3088 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3088. Opens public hearing on HB 3543.

HB 3543 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3543. Opens public hearing on HB 2665.

HB 2665 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2665. Opens public hearing on HB 2785.

HB 2785 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2785. Opens public hearing on HB 3266.

HB 3266 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3266. Opens public hearing on HB 3276.

HB 3276 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3276. Opens public hearing on HB 3300.

HB 3300 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3300. Opens public hearing on HB 3316.

HB 3316 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3316. Opens public hearing on HB 3400.

HB 3400 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3400. Opens public hearing on HB 3464.

HB 3464 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3464. Opens public hearing on HB 3491.

HB 3491 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3491. Opens public hearing on HJR 5.

HJR 5 – PUBLIC HEARING

068

Chair Close

Closes public hearing on HJR 5. Opens work session on HB 3174.

HB 3174 – WORK SESSION

066

Megan Palau

Committee Administrator. Summarizes HB 3174.

075

Rick Thomas

Independent Electrical Contractors of Oregon. Explains and testifies in support of HB 3174.

080

Rep. Kitts

MOTION:  Moves to ADOPT HB 3174-2 amendments dated 4/10/03 (EXHIBIT A).

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

085

Rep. Kitts

MOTION:  Moves HB 3174 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. SCHAUFLER will lead discussion on the floor.

095

Chair Close

Closes work session on HB 3174. Opens public hearing on HB 3218.

HB 3218 – PUBLIC HEARING

118

Megan Palau

Committee Administrator. Summarizes HB 3218 and -1 amendment (EXHIBIT B).

125

Neil Bryant

Attorney, Bend. Submits and summarizes prepared testimony in support (EXHIBIT C).

150

Chair Close

Closes public hearing on HB 3218. Opens work session on HB 3218.

HB 3218 – WORK SESSION

155

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 3218-1 amendments dated 4/2/03.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

160

Rep. Rosenbaum

MOTION:  Moves HB 3218 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. KITTS will lead discussion on the floor.

170

Chair Close

Closes work session on HB 3218. Opens public hearing on HB 2304.

HB 2304 – PUBLIC HEARING

175

Megan Palau

Committee Administrator. Summarizes HB 2304.

180

Bill Penhollow

Association of Oregon Counties; Oregon Telecommunication Coordinating Council. Testifies in support of HB 2304.

225

Anne Steves

Community Services Director, City of Coquille; Oregon Telecommunication Coordinating Council. Submits and summarizes prepared testimony in support of HB (EXHIBIT D).

273

Rep. Rosenbaum

Asks if HB 2304 would authorize anything currently not authorized under Oregon law.

276

Steves

Explains provisions of HB 2304.

292

Rep. Garrard

Notes that economic development is also consideration for HB 2304.

300

Steves

Concurs.

305

Penhollow

Notes intent of HB 2577 and coordination with objectives of HB 2304.

310

Rep. Kitts

Asks why vice-chair of committee that developed bill is opposed.

319

Penhollow

Answers that he is unaware of opposition.

335

Chair Close

Closes public hearing on HB 2304. Opens work session on HB 2304.

HB 2304 – WORK SESSION

345

Rep. Rosenbaum

Notes that witnesses mentioned forthcoming amendments.

350

Chair Close

Closes work session on HB 2304. Opens public hearing on HB 3313.

HB 3313 – PUBLIC HEARING

360

Gary Oxley

Fred Meyer, Inc., Safeway, Inc. Testifies in support of HB 3313.

400

Rep. Schaufler

Asks if stores may keep container deposits rather than return them to customers.

402

Oxley

Answers no.

405

Rep. Garrard

Asks about standards for redeemable containers.

408

Oxley

Offers clarification of redeemable container standards.

410

Chair Close

Asks if damaged containers could be redeemed at checkout.

415

Oxley

Answers yes and explains qualifying containers.

TAPE 89, A

018

Paul Romain

Oregon Beer and Wine Distributors Association. Testifies in support of HB 3313.

030

Chair Close

Asks about redemption of non-Oregon containers.

035

Romain

Answers and explains redemption of non-Oregon containers.

045

Chair Close

Asks how determination is made whether or not container is redeemable in Oregon.

050

Romain

Explains deposit labeling of containers.

055

Chair Close

Closes public hearing on HB 3313. Opens work session on HB 3313.

HB 3313 – WORK SESSION

058

Rep. Garrard

MOTION:  Moves HB 3313 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. GARRARD will lead discussion on the floor.

063

Chair Close

Closes work session on HB 3313. Opens public hearing on HB 2881.

HB 2881 – PUBLIC HEARING

068

Megan Palau

Committee Administrator. Summarizes HB 2881 and -1 amendment (EXHIBIT E).

074

Bob Shiprack

Executive Secretary, Oregon Building Trades Council; Management Labor Advisory Council on Workers Compensation. Testifies in support of HB 2881.

114

John Shilts

Administrator, Workers Compensation Department. Testifies in support of HB 2881. Explains problems with -1 amendment.

125

Chair Close

Asks if -2 amendments will be forthcoming.

128

Shilts

Answers yes.

130

Rep. Rosenbaum

Asks for clarification of amendment language in HB 2881.

133

Shilts

Responds.

139

Chair Close

Closes public hearing on HB 2881. Opens public hearing on HB 3544.

HB 3544 – PUBLIC HEARING

146

Darrell Fuller

Regulatory Affairs Director, Oregon Auto Dealers Association. Submits and summarizes prepared testimony in support of HB 3544 (EXHIBIT F).

185

Dan Gardner

Commissioner, Bureau of Labor and Industries. Submits and summarizes prepared testimony  in opposition to HB 3544 (EXHIBIT G).

202

Chair Close

Closes public hearing on HB 3544. Opens public hearing on HB 2368.

HB 2368 – PUBLIC HEARING

210

Megan Palau

Committee Administrator. Summarizes HB 2368 and -2 and -3 amendments (EXHIBIT H).

216

Matt McCauley

Senior Assistant Attorney General, Organized Crime Section, Criminal  Division, Oregon Department of Justice (DOJ); Oregon Tobacco Compliance Task Force. Summarizes prepared information in support of HB 2368 and -2 and -3 amendments (EXHIBIT I).

282

Chair Close

Recesses meeting at 8:53 a.m. Reconvenes meeting at 9:07 a.m.

289

McCauley

Continues testimony.

314

Rep. Gallegos

Asks for clarification of types of tobacco products addressed by HB 2368.

317

McCauley

Explains types of tobacco addressed by bill. Continues overview of HB 2368 and amendments.

347

Chair Close

Asks about amount of tax revenue lost.

352

Victoria Clear

Tobacco Program Manager, Department of Revenue. Explains tax revenue lost.

359

McCauley

Clarifies that DOJ estimate is between $10-100 million.

365

Rep. Garrard

Offers example of payment of distributor tax and retailer responsibility.

381

McCauley

Offers clarification of distributor tax provision.

425

Chair Close

Asks if -2 and -3 amendments are both necessary and asks for explanation of amendments.

TAPE 88, B

004

McCauley

Explains amendments.

025

Chair Close

Closes public hearing on HB 2368. Opens work session on HB 2368.

HB 2368 – WORK SESSION

030

Rep. Kitts

MOTION:  Moves to ADOPT HB 2368-2,3 amendments dated 4/8/03 & 4/9/03.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

035

Rep. Kitts

MOTION:  Moves HB 2368 to the floor with a DO PASS AS AMENDED recommendation 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.

048

Chair Close

Closes work session on HB 2368. Opens public hearing on HB 2555.

HB 2555 – PUBLIC HEARING

055

Megan Palau

Committee Administrator. Summarizes HB 2555 and -1 amendment (EXHIBIT J).

068

Sandra Friend

Legislative Chair, Oregon Coalition for Professional Design. Testifies in support of HB 2555.

127

Bill Cross

Oregon Coalition for Professional Interior Design. Submits and summarizes prepared information in support of HB 2555 (EXHIBIT K).

170

Rep. Merkley

Asks about provisions in bill addressing qualification for licensed interior designers.

176

Cross

Explains provisions addressing interior designer licensing.

185

Rep. Merkley

Asks about potential changes to building codes in bill.

188

Cross

Explains potential changes in bill.

210

Carol Halford

Administrator, Oregon Board of Architect Examiners. Submits and summarizes prepared testimony and information in opposition to HB 2555 (EXHIBIT L).

259

Cindy Robert

American Institute of Architects (AIA). Testifies in opposition to HB 2555.

307

John Baker

Vice-President of Legislative Affairs, AIA Oregon; Chairman, Licensing Committee, National Board, AIA. Testifies in opposition to HB 2555.

368

Chair Close

Asks for clarification of regulation of interior designers.

382

Baker

Explains regulation of interior designers.

403

Chair Close

Asks if objections extend to -1 amendments.

TAPE 89, B

002

Baker

Answers yes. Explains objections.

014

Mark Long

Administrator, Building Codes Division. Testifies in regard to HB 2555. States that he would like opportunity to work with stakeholders and bring bill back.

029

Rep. Merkley

Asks for explanation of effect of adoption of new code and licensing provisions after work group is completed.

032

Long

Responds that he will provide information when bill is heard again.

034

Chair Close

Closes public hearing on HB 2555. Opens public hearing on HB 2433.

HB 2433 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 2433. Opens public hearing on HB 3541.

HB 3541 – PUBLIC HEARING

059

Chair Close

Closes public hearing on HB 3541. Recesses meeting at 9:47 a.m.

070

Chair Close

Reconvenes meeting at 1:32 p.m. Opens public hearing on HB 3043.

HB 3043 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3043. Opens public hearing on HB 3476.

HB 3476 – PUBLIC HEARING

 

Chair Close

Closes public hearing on HB 3476. Opens work session on HB 3325.

HB 3325 – WORK SESSION

 

Chair Close

Closes work session on HB 3325. Opens work session on HJR 40.

HJR 40 – WORK SESSION

075

Chair Close

Closes work session on HJR 40. Adjourns meeting at 1:33 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3174, -2 amendment, staff, 2 pp

B – HB 3218, -1 amendment, staff, 1 p

C – HB 3218, written testimony, Neil Bryant, 3 pp

D – HB 2304, written testimony, Anne Steves, 9 pp

E – HB 2881, -1 amendment, staff, 1 p

F – HB 3544, written testimony, Darrell Fuller, 1 p

G – HB 3544, written testimony, Dan Gardner, 2 pp

H – HB 2368, -2 & -3 amendments, staff, 18 pp

I – HB 2368, written testimony, Matt McCauley, 3 pp

J – HB 2555, -1 amendment, staff, 4 pp

K – HB 2555, written testimony, Bill Cross, 7 pp

L – HB 2555, written testimony, Carol Halford, 7 pp