HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 16, 2003 Hearing Room E

8:00 A.M. Tapes  96 – 98

 

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 3274 – Work Session

                                                HB 3376 – Work Session

                                                HB 2433 – Work Session

                                                HB 3354 – Work Session

                                                HB 3460 – Work Session

                                                HB 2447 – Work Session

                                                HB 3467 – Work Session

                                                HB 2824 – Work Session

                                                HB 3354 – Work Session

                                                HB 2577 – Work Session

                                                HB 3579 – 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 96, A

002

Chair Close

Calls meeting to order at 8:10 a.m. Opens work session on HB 3274.

HB 3274 – WORK SESSION

011

Megan Palau

Committee Administrator. Summarizes HB 3274 and the -1 amendment (EXHIBIT A).

020

Karen Mainzer

Oregon Restaurant Association. Explains HB 3274 and the -1 amendment.

030

Rep. Kitts

MOTION:  Moves to ADOPT HB 3274-1 amendments dated 4/11/03.

033

 

VOTE:  6-0-1

EXCUSED:  1 - Gallegos

 

Chair Close

Hearing no objection, declares the motion CARRIED.

036

Rep. Kitts

MOTION:  Moves HB 3274 to the floor with a DO PASS AS AMENDED recommendation.

039

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. KROPF will lead discussion on the floor.

041

Chair Close

Closes work session on HB 3274. Opens work session on HB 3376.

HB 3376 – WORK SESSION

046

Megan Palau

Committee Administrator. Summarizes HB 3376 and the -1 amendment (EXHIBIT B).

063

Joe Gilliam

Oregon Grocery Association. Explains the -1 amendment.

080

Rep. Kitts

MOTION:  Moves to ADOPT HB 3376-1 amendments dated 4/14/03.

083

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED. 

 

 

 

087

Rep. Kitts

MOTION:  Moves HB 3376 to the floor with a DO PASS AS AMENDED recommendation.

096

Rep. Merkley

Asks for comment by the Public Utility Commission (PUC).

104

Roy Hemingway

Chair, PUC. Testifies in opposition to HB 3376.

120

Lee Beyer

Commissioner, PUC. Testifies in opposition to HB 3376.

132

Chair Close

Asks about the bidding process.

136

Beyer

Explains bidding and the market.

147

Rep. Schaufler

Asks if anyone has taken advantage of direct access in market.

151

Beyer

Explains direct access.

166

Rep. Kitts

States support for the bill.

177

Rep. Schaufler

States support for the bill.

185

Rep. Merkley

States opposition to the bill.

205

Rep. Rosenbaum

States support for the bill.

215

 

VOTE:  6-1

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

                              Close

NAY:               1 – Merkley

 

Chair Close

The motion CARRIES.

CHAIR CLOSE will lead discussion on the floor.

220

Chair Close

Closes work session on HB 3376. Opens work session on HB 2433.

HB 2433 – WORK SESSION

226

Megan Palau

Committee Administrator. Summarizes HB 2433. Explains the allowances by the -2 amendment (EXHIBIT C).

240

Grover Simmons

Independent Employers Association. Submits and summarizes prepared testimony in support of HB 2433 (EXHIBIT D). Speaks on individuals seeking legislative assistance by the bill. Speaks on journeyman licensing. Notes a letter from Legislative Counsel to former Rep. Dan Gardner from 1999 (EXHIBIT E).

380

Chair Close

Requests Mr. Long discuss the experience necessary by the bill.

386

Mark Long

Administrator, Building Codes Division. Responds.

396

Chair Close

Asks if number of affected is limited.

398

Long

Affirms and clarifies.

400

Rep. Rosenbaum

Asks what happens after the sunset date.

412

Long

Responds.

TAPE 97, A

007

Rep. Rosenbaum

Asks if there have been attempts to address the issue before HB 2433.

009

Long

Explains issue and work done to address the issue.

017

Rep. Rosenbaum

Inquires if there is opposition.

018

Long

Affirms.

024

Chair Close

Closes work session on HB 2433. Opens work session on HB 3354.

HB 3354 – WORK SESSION

030

Megan Palau

Committee Administrator. Summarizes HB 3354.

040

Gary Bauer

Northwest Natural. Explains -1 amendment (EXHIBIT F).

044

Mike Grainey

Director, Department of Energy. States support for amendment.

055

Chair Close

Closes work session on HB 3354. Opens work session on HB 3460.

HB 3460 – WORK SESSION

061

Mark Long

Administrator, Building Codes Division. Testifies in support of HB 3460 and the -1 amendment (EXHIBIT G).

070

Burton Weast

Associated Building Contractors. Testifies in support of HB 3460.

087

Chair Close

Notes that bill does not yet have a fiscal statement issued.

091

Long

Explains fiscal considerations.

098

Chair Close

Asks if the fiscal impact is changed by the amendment.

100

Long

Affirms and explains reasons.

120

Rep. Kitts

MOTION:  Moves to ADOPT HB 3460-1 amendments dated 4/11/03.

122

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

125

Rep. Kitts

MOTION:  Moves HB  3460 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

128

Rep. Rosenbaum

Notes there is one more day to consider bills.

130

Rep. Kitts

Withdraws motion.

132

Long

Reiterates the intent of the bill.

135

Chair Close

Closes work session on HB 3460. Opens work session on HB 2447.

HB 2447 – WORK SESSION

145

Megan Palau

Committee Administrator. Summarizes HB 2447.

155

Mark Long

Administrator, Building Codes Division. Explains workgroup conducted on the measure.

168

Chair Close

Asks if there is a fiscal impact.

170

Long

Negates.

172

Rep. Merkley

Requests there is a consensus among the participants in the workgroup.

174

Long

Affirms and adds he knows of no opposition.

177

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 2447-1 amendments dated 4/14/03 (EXHIBIT H).

179

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

182

Rep. Rosenbaum

MOTION:  Moves HB 2447 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Garrard

185

Chair Close

The motion CARRIES.

REP. HANSEN will lead discussion on the floor.

193

Chair Close

Closes work session on HB 2447. Opens work session on HB 3467.

HB 3467 – WORK SESSION

203

Megan Palau

Committee Administrator. Summarizes HB 3467.

215

Rep. Schaufler

MOTION:  Moves HB  3467 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference.

219

Rep. Rosenbaum

Requests the motion be changed as no testimony has been heard.

222

Rep. Schaufler

Withdraws motion.

224

Rep. Schaufler

MOTION:  Moves HB 3467 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

230

Rep. Merkley

States he would support returning to the bill to hear testimony.

233

 

VOTE:  4-0-3

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

EXCUSED:  3 - Gallegos, Garrard, Kitts

 

Chair Close

The motion CARRIES.

236

Rep. Gallegos

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. GALLEGOS to BE RECORDED as voting AYE to move HB 3467 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.

238

 

VOTE:  5-0-2

EXCUSED:  2 - Garrard, Kitts

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

Chair Close

Closes work session on HB 3467. Opens work session on HB 2824.

HB 2824 – WORK SESSION

262

Megan Palau

Committee Administrator. Summarizes HB 2824 and -2 amendment (EXHIBIT I).

276

Lisa Trussell

Associated Oregon Industries (AOI). Testifies in support of HB 2824 and -2 amendment.

304

Rep. Garrard

MOTION:  Moves to ADOPT HB 2824-2 amendments dated 4/16/03.

307

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

309

Rep. Garrard

MOTION:  Moves HB  2824 to the floor with a DO PASS AS AMENDED recommendation.

311

Rep. Rosenbaum

States support for HB 2824 in committee.

315

 

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.

324

Chair Close

Closes work session on HB 2824. Opens work session on HB 3354.

HB 3354 – WORK SESSION

326

Rep. Kitts

MOTION:  Moves to ADOPT HB 3354-1 amendments dated 4/8/03.

331

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

335

Rep. Kitts

MOTION:  Moves HB 3354 to the floor with a DO PASS AS AMENDED recommendation.

350

 

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.

373

Chair Close

Closes work session on HB 3354. Opens work session on HB 2577.

HB 2577 – WORK SESSION

400

Sen. David Nelson

Senate District 29. Submits and summarizes prepared information in support of HB 2577 (EXHIBIT J).

434

Rep. Laurie Monnes Anderson

House District 50. Submits and summarizes prepared testimony in support of HB 2577 (EXHIBIT K).

TAPE 96, B

020

Sen. Nelson

Speaks on the grassroots effort of the individuals involved.

030

Rep. Merkley

Asks about relationship of HB 2577 to the other long distance learning bill.

034

Rep. Monnes Anderson

Explains relationship the relationship between HB 2577 and HB 3574 regarding OTCC and healthcare.

043

Rep. Merkley

Asks Sen. Nelson about the effect of the bill on the commission.

044

Sen. Nelson

Explains the commission.

056

Rep. Gallegos

Asks about other efforts to address issue.

064

Sen. Nelson

Explains efforts to address issue.

072

Rep. Gallegos

Asks about broadening and expanding of telecommunications policy.

079

Sen. Nelson

Explains importance of telecommunications in business development.

087

Rep. Rosenbaum

Asks about the usage of economic development funds for education.

089

Sen. Nelson

Answers that he is unsure.

094

Rep. Merkley

Requests the intent of the bill.

105

Sen. Nelson

Responds regarding access and services.

113

Rep. Garrard

Emphasizes importance of telecommunications and health care industry.

138

Rep. Monnes Anderson

Explains importance of working with telecommunication industry to develop systems.

155

John Irwin

Chair, Oregon Telecommunications Coordinating Council (OTCC). Submits and summarizes prepared testimony in support of HB 2577 and the -1 amendment (EXHIBIT L).

311

Kim Hoffman

Member, OTCC. Submits and summarizes prepared testimony in support of HB 2577 (EXHIBIT M).

331

Rep. Rosenbaum

Requests the intent of using economic development funds to aid educational programs with regard to Oregon Economic and Community Development Commission (OECDD) and the -1 amendment.

335

Irwin

Explains funding.

362

Rep. Rosenbaum

Asks about funding and staffing.

364

Irwin

Clarifies.

374

Brant Wolf

Oregon Telecommunications Association (OTA). Submits and summarizes prepared testimony in opposition to HB 2577 (EXHIBIT N).

TAPE 97, B

026

Rep. Kitts

Asks if there have been efforts made to reconcile differences.

033

Wolf

Responds that not all concerns have been addressed.

040

Rep. Kitts

States opposition to HB 2577.

044

Wolf

Clarifies provisions of HB 2577.

050

Rep. Merkley

Speaks on the expansion of services being necessary to economic development. Encourages discussion of the issues raised.

064

Wolf

Understands that HB 3574, a similar bill, has passed out of committee.

069

Mike Dewey

Oregon Cable Telecommunications Association. Testifies in opposition to HB 2577.

130

Chair Close

Closes work session on HB 2577. Recesses hearing at 9:44 a.m. Reconvenes at 9:52 a.m. Opens work session on HB 3579.

HB 3579 – WORK SESSION

147

Rep. Derrick Kitts

House District 30. Testifies on behalf of HB 3579.

156

Rep. Wayne Scott

House District 39. Testifies in support of HB 3579.

180

Rep. Merkley

Asks about “hole in existing loans” or existing programs address issue.

189

Rep. Scott

Explains funding allocation.

201

Rep. Kitts

Explains benefits of HB 3579.

216

Rep. Kitts

MOTION:  Moves HB  3579 to the floor with a DO PASS recommendation.

228

Rep. Kitts

Offers further explanation of support of HB 3579.

233

Rep. Merkley

Acknowledges support for HB 3579 and notes reservations.

251

Rep. Kitts

Explains interest would go back into revolving account.

255

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. SCOTT will lead discussion on the floor.

261

Chair Close

Closes work session on HB 3579. Opens work session on HB 2433.

HB 2433 – WORK SESSION

295

Frank Regalado

Business representative, International Union of Elevator Constructors. Responds (EXHIBIT O). Testifies in opposition to HB 2433.  

315

Chair Close

Remarks on the changes made to the bill by the -2 amendment.

318

Regalado

Reiterates he does not support the measure.

325

Rep. Schaufler

States opposition to HB 2433. Believes the law would allow individuals to circumvent the process.

344

Rep. Merkley

Poses scenario and asks Rep. Schaufler about grandfathering types of work.

354

Rep. Schaufler

Clarifies opposition to HB 2433 as he does not support the premise.

365

Grover Simmons

Independent Employers Association. Notes that individuals obtained permits in the past. Speaks on the discrepancies within the issue.

424

Rep. Garrard

Asks Mr. Regalado if there is apprenticeship program available to individuals affected currently.

428

Regalado

Affirms.

429

Simmons

Interjects he does not agree.

430

Chair Close

Notes Mr. Long indicated there was a conflict.

TAPE 98, A

002

Rep. Merkley

Asks that prior to the 1999 change, the men were operating as elevator mechanics on both the electrical and the mechanical side.

005

Regalado

Answers that prior to 1999, a signed permit from a journeyman was required. Explains the changes post 1999.

010

Rep. Merkley

Clarifies that an electrician was necessary during those times.

012

Regalado

Answers before and after.

019

Simmons

States that he is unsure as to the mechanics.

023

Rep. Garrard

MOTION:  Moves to ADOPT HB 2433-2 amendments dated 4/9/03.

032

Rep. Schaufler

States opposition to HB 2433 as he believes alternatives are available and that statute is not required.

040

Rep. Merkley

Concludes that the case has not been made as far as an existing unfairness. States opposition to HB 2433.

061

Rep. Gallegos

Provides support for HB 2433 in committee. Notes reservations.

068

Chair Close

Notes that bill would allow discretion for the board and that the authority would still lie with them.

072

 

VOTE:  4-3

AYE:               4 - Gallegos, Garrard, Kitts, Close

NAY:               3 - Merkley, Rosenbaum, Schaufler

 

Chair Close

The motion CARRIES.

 

 

 

075

Rep. Garrard

MOTION:  Moves HB 2433 to the floor with a DO PASS AS AMENDED recommendation.

082

Rep. Kitts

States support for HB 2433. Voices hope answers to questions are answered before the bill arrives in the senate.

092

Rep. Garrard

States support for HB 2433 as it allows an opportunity to correct wrongdoings if they exist.

100

Rep. Merkley

Asks Chair Close about discretion by the board.

110

Chair Close

Explains the discretion as she understands it.

115

 

VOTE:  4-3

AYE:               4 - Gallegos, Garrard, Kitts, Close

NAY:               3 - Merkley, Rosenbaum, Schaufler

 

Chair Close

The motion CARRIES.

REP. KROPF will lead discussion on the floor.

117

Chair Close

Closes work session on HB 2433. Adjourns meeting at 10:20 a.m.

 

EXHIBIT SUMMARY

 

A – HB 3274, -1 amendment, staff, 1 p

B – HB 3376, -1 amendment, staff, 1 p

C – HB 2433, -2 amendment, staff, 2 pp

D – HB 2433, Grover Simmons, 2 pp

E – HB 2433, Grover Simmons, 4 pp

F – HB 3354, -1 amendment, staff, 1 p

G – HB 3460, -1 amendment, staff, 47 pp

H – HB 2447, -1 amendment, staff, 4 p

I – HB 2824, -2 amendment, staff, 2 pp

J – HB 2577, Sen. David Nelson, 1 p

K – HB 2577, Rep. Laurie Monnes Anderson, 1 p

L – HB 2577, John Irwin, 4 pp

M – HB 2577, Kim Hoffman, 2 pp

N – HB 2577, Brant Wolf, 2 pp

O – HB 2433, Frank Regalado, 1 p