HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

April 18, 2003 Hearing Room E

8:00 A.M. Tapes 99 – 102

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 – Work Session

HB 2304 – Work Session

HB 2356 – Work Session

HB 2555 – Work Session

HB 2640 – Work Session

HB 2737 – Work Session

HB 2983 – Work Session

HB 3021 – Work Session

HB 2906 – Work Session

HB 3051 – Work Session

HB 3460 – Work Session

HB 3069 – Work Session

HB 3262 – Work Session

HB 3420 – Work Session

HB 3458 – Work Session

HB 3543 – Work Session

HB 3467 – 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 99, A
003	Chair Close	Calls meeting to order at 8:08 a.m. Opens work session on HB 2233.
HB 2233 – WORK SESSION
017	Megan Palau	Committee Administrator. Summarizes HB 2233 and -4 amendment (EXHIBIT A).
024	Scott Barrie	Oregon Building Industry Association. Testifies in support of HB 2233.
036	Syndey Brewster	Board Chair, Oregon Construction Contractors Board. Testifies in support of HB 2233.
043	Rep. Rosenbaum	Asks for clarification of fee set forth in bill.
045	Brewster	Clarifies.
047	Barrie	Offers additional clarification.
049	Rep. Rosenbaum	Asks if fee would be refunded in certain situations.
050	Brewster	Answers that it would be refunded.
060	Rep. Rosenbaum	MOTION: Moves to ADOPT HB 2233-4 amendments dated 4/17/03.
		VOTE: 5-0 EXCUSED: 2 - Gallegos, Kitts
	Chair Close	Hearing no objection, declares the motion CARRIED.
065	Rep. Rosenbaum	MOTION: Moves HB 2233 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts
	Chair Close	The motion CARRIES. REP. MERKLEY will lead discussion on the floor.
075	Chair Close	Closes work session on HB 2233. Opens work session on HB 2304.
HB 2304 – WORK SESSION
078	Megan Palau	Committee Administrator. Summarizes HB 2304 and -1 amendment (EXHIBIT B).
090	Ken Murphy	Director, Oregon Emergency Management (OEM). Submits and summarizes prepared testimony in support of HB 2304 (EXHIBIT C).
100	Ann Steves	Community Services Director, City of Coquille. Submits and summarizes prepared testimony in support of HB 2304 (EXHIBIT D) via videoconference.
148	Ed Parker	Telecommunications Consultant, Oregon Telecommunications Coordination Council. Submits and summarizes prepared testimony in support of HB 2304 (EXHIBIT E) by videoconference.
187	Rep. Gallegos	Asks how bill would change current practices.
190	Murphy	Explains impacts of bill on current practices.
202	Rep. Gallegos	Asks about involvement in implementation of similar programs.
206	Murphy	Explains involvement in implementation of programs.
219	Rep. Gallegos	Asks about changes to current practices in emergency situations.
224	Murphy	Explains changes and necessity of bill.
235	Rep. Gallegos	Asks for clarification of relationship of OEM and telecommunication systems.
242	Murphy	Answers that it will not change much in current practice.
252	Chair Close	Asks about homeland security funding risk list.
256	Murphy	Explains homeland security funding.
274	Rep. Rosenbaum	MOTION: Moves to ADOPT HB 2304-1 amendments dated 4/15/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
280	Rep. Rosenbaum	MOTION: Moves HB 2304 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.
290	Chair Close	Closes work session on HB 2304. Opens work session on HB 2356.
HB 2356 – WORK SESSION
296	Megan Palau	Committee Administrator. Summarizes HB 2356 and -1 amendment (EXHIBIT F).
305	Rep. Greg Smith	House District 57. Testifies in support of HB 2356.
TAPE 100, A
010	Rep. Kitts	States support for HB 2356.
015	Rep. Kitts	MOTION: Moves to ADOPT HB 2356-1 amendments dated 4/15/03.
020	Rep. Rosenbaum	Asks for additional testimony.
022	Chair Close	States that no additional testimony will be heard.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
025	Rep. Kitts	MOTION: Moves HB 2356 to the floor with a DO PASS AS AMENDED recommendation.
027	Rep. Merkley	Asks for additional testimony.
030	Chair Close	States that no additional testimony will be heard.
033	Rep. Schaufler	States opposition to HB 2356.
040	Rep. Garrard	Clarifies need and states support for HB 2356.
046	Rep. Rosenbaum	States opposition to HB 2356.
051	Chair Close	Offers clarification of HB 2356.
055	Rep. Merkley	States opposition to HB 2356.
073	Chair Close	Clarifies possible legislative action on issues related to HB 2356.
		VOTE: 4-3 AYE: 4 - Gallegos, Garrard, Kitts, Close NAY: 3 - Merkley, Rosenbaum, Schaufler
	Chair Close	The motion CARRIES. REP. G. SMITH will lead discussion on the floor.
081	Rep. Rosenbaum	Serves notice of possible minority report.
Written testimony submitted by Henry Kane, Beaverton, Oregon, on HB 2356 (EXHIBIT G).
085	Chair Close	Closes work session on HB 2356. Opens work session on HB 2555.
HB 2555 – WORK SESSION
095	Bill Cross	Oregon Coalition for Professional Interior Design. Explains and testifies in support of HB 2555.
116	Mark Long	Administrator, Building Codes Division. Explains work done on bill.
140	Chair Close	Asks about fiscal impact.
143	Long	Explains fiscal impact.
147	Eric Blackledge	Blackledge Furniture, Corvallis. Submits and summarizes prepared testimony in opposition to HB 2555 (EXHIBIT H).
184	Rep. Gallegos	Asks about voluntary or mandatory licensing.
190	Long	Explains licensing and funding.
192	Chair Close	Asks about licensing qualifications.
196	Long	Clarifies licensing qualifications.
215	Chair Close	Asks about provisions regarding education and experience.
218	Cross	Explains educational requirements.
226	Chair Close	Asks for clarification of provisions.
230	Cross	Clarifies.
236	Rep. Gallegos	Asks about educational and licensing requirements for stores such as Home Depot.
242	Cross	Explains that registration is voluntary.
Written testimony submitted by William Seider, Professional Member, Oregon State Board of Architect Examiners, in opposition to HB 2555 (EXHIBIT I).
245	Chair Close	Closes work session on HB 2555. Opens work session on HB 2640.
HB 2640 – WORK SESSION
254	Megan Palau	Committee Administrator. Summarizes HB 2640.
262	John Powell	Regence BlueCross BlueShield of Oregon. Testifies in opposition to HB 2640.
300	Ken Ray	Executive Director, BikePAC of Oregon. Submits and summarizes prepared testimony in support of HB 2640 (EXHIBIT J).
357	Rep. Rosenbaum	Asks for clarification of provisions in HB 2640.
362	Powell	Clarifies provisions in bill.
383	Rep. Rosenbaum	Asks for clarification of objections to bill.
386	Powell	Explains objections.
Written testimony submitted by Wayne Schumacher, President, American Motorcyclists Association, District 28 (EXHIBIT K).
410	Chair Close	Closes work session on HB 2640. Opens work session on HB 2737.
HB 2737 – WORK SESSION
420	Jim Craven	American Electronics Association. Testifies in support of HB 2737 and -5 amendment (EXHIBIT L). Explains reservations with bill.
TAPE 99, B
016	Jim Gardner	Microsoft Corporation. Concurs with testimony of Mr. Craven.
020	Rep. Gallegos	MOTION: Moves to ADOPT HB 2737-5 amendments dated 4/15/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
023	Rep. Gallegos	MOTION: Moves HB 2737 to the floor with a DO PASS AS AMENDED recommendation.
026	Rep. Merkley	States support for HB 2737.
		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Close	The motion CARRIES. REP. HASS AND REP. MERKLEY will lead discussion on the floor.
045	Chair Close	Closes work session on HB 2737. Opens work session on HB 2983.
HB 2983 – WORK SESSION
048	Megan Palau	Committee Administrator. Summarizes HB 2983 and -1 amendment (EXHIBIT M).
062	Jon Chandler	Oregon Building Industry Association. Testifies in support of HB 2983 and -1 amendment.
158	Rep. Rosenbaum	Asks if amendments satisfy opponents’ concerns.
164	Chandler	Responds.
178	Chair Close	Offers clarification of opponents’ concerns. Asks if work group will continue to meet to discuss issues related to HB 2983.
181	Chandler	Answers yes and explains work group.
185	Chair Close	States that bill may be heard at later date.
190	Chandler	Addresses time frame issue and explains intent for bill.
195	Rep. Kitts	MOTION: Moves to ADOPT HB 2983-1 amendments dated 4/16/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
200	Rep. Kitts	MOTION: Moves HB 2983 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. CLOSE will lead discussion on the floor.
Written testimony submitted by Lynn McNamara, Project Director, Alternatives to Growth, in opposition to HB 2983 (EXHIBIT N).
Written testimony submitted by Mick Sepull, Chair, South Gateway Neighborhood Association Salem, in opposition to HB 2983 (EXHIBIT O).
210	Chair Close	Closes work session on HB 2983. Opens work session on HB 3021.
HB 3021 – WORK SESSION
215	Megan Palau	Committee Administrator. Summarizes HB 3021 and -2 amendment (EXHIBIT P).
220	Rep. Vicki Berger	House District 20. Testifies in support of HB 3021 and -2 amendments.
249	Chair Close	Commends work done by Rep. Berger on HB 3021.
255	Rep. Kitts	MOTION: Moves to ADOPT HB 3021-2 amendments dated 4/17/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
260	Rep. Kitts	MOTION: Moves HB 3021 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. BERGER will lead discussion on the floor.
270	Chair Close	Closes work session on HB 3021. Opens work session on HB 2906.
HB 2906 – WORK SESSION
279	Megan Palau	Committee Administrator. Summarizes HB 2906 and -2 amendments (EXHIBIT Q).
290	Dave Hunnicutt	Oregonians in Action. Testifies in support of HB 2906 and amendments.
348	Rep. Garrard	Asks about impact of system development charges (SDC).
354	Hunnicutt	Explains impact of SDCs.
375	Rep. Kitts	MOTION: Moves to ADOPT HB 2906-2 amendments dated 4/17/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
380	Rep. Kitts	MOTION: Moves HB 3051 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-2 AYE: 5 - Gallegos, Garrard, Kitts, Merkley, Close NAY: 2 - Rosenbaum, Schaufler
	Chair Close	The motion CARRIES. REP. WILLIAMS will lead discussion on the floor.
390	Chair Close	Closes work session on HB 2906. Opens work session on HB 3051.
HB 3051 – WORK SESSION
395	Megan Palau	Committee Administrator. Summarizes HB 3051 and -1 amendment (EXHIBIT R).
TAPE 100, B
004	Ken Armstrong	Oregon Fire Chiefs Association, Oregon Volunteer Firefighters Association, Tualatin Valley Fire & Rescue. Testifies in support of HB 3051.
018	John Powell	State Farm Insurance. Explains provisions of HB 3051.
060	Rep. Kitts	MOTION: Moves to ADOPT HB 3051-1 amendments dated 4/11/03.
065	Rep. Garrard	States potential conflict of interest.
		VOTE: 6-0 EXCUSED: 1 - Gallegos
	Chair Close	Hearing no objection, declares the motion CARRIED.
070	Rep. Kitts	MOTION: Moves HB 3051 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. GARRARD will lead discussion on the floor.
090	Chair Close	Closes work session on HB 3051. Opens work session on HB 3460.
HB 3460 – WORK SESSION
092	Megan Palau	Committee Administrator. Summarizes HB 3460 and explains that -1 amendments were adopted in 4/16/03 meeting.
105	Mark Long	Administrator, Building Codes Division (BCD). Explains work done on HB 3460.
125	Rep. Rosenbaum	MOTION: Moves HB 3460 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on BE RESCINDED.
		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Close	The motion CARRIES. REP. G. SMITH will lead discussion on the floor.
140	Chair Close	Closes work session on HB 3460. Opens work session on HB 3069.
HB 3069 – WORK SESSION
145	Chair Close	Closes work session on HB 3069. Opens work session on HB 3262.
HB 3262 – WORK SESSION
154	Megan Palau	Committee Administrator. Summarizes HB 3262.
160	Mark Long	Administrator, Building Codes Division. Explains HB 3262. Notes that there is work yet to be done on bill.
165	Rep. Kitts	Asks for clarification position of BCD on bill.
167	Long	Offers clarification.
170	Amanda Rich	United Association of Road Sprinkler Fitters Local 669, Oregon Fire District Directors Association, Oregon Association of Plumbing, Heating and Cooling Contractors. Testifies in support of HB 3262.
195	Chair Close	Closes work session on HB 3262. *See TAPE 102 A, COUNTER # 211 for additional testimony on HB 3262* Opens work session on HB 3420.
HB 3420 – WORK SESSION
200	Dave Fiskum	Port of Portland. Submits and summarizes prepared testimony and information in support of HB 3420 (EXHIBIT S).
261	Keith Leavitt	Port of Portland. Testifies in support of HB 3420.
272	Mark Nelson	Oregon Metal Industry Council. Testifies in support of HB 3420.
300	Jack Munro	American Insurance Association. Testifies in opposition to HB 3420.
316	John Powell	North Pacific Insurance Company, State Farm Insurance Company. Testifies in opposition to HB 3420.
344	Tom Gordon	Attorney, Portland. Testifies in opposition to HB 3420.
382	Rep. Schaufler	Expresses desire for Portland port to be cleaned up by those responsible for its current state.
Written testimony submitted by Lana Butterfield, SAFECO Insurance Company, in opposition to HB 3420 (EXHIBIT T).
Written testimony submitted by Brandon E. LaSalle, Government Affairs Counsel, American Family Insurance Group, in opposition to HB 3420 (EXHIBIT U).
400	Chair Close	Closes work session on HB 3420. Opens work session on HB 3458.
HB 3458 – WORK SESSION
414	Megan Palau	Committee Administrator. Summarizes HB 3458.
426	Don Schellenberg	Oregon Farm Bureau. Submits and summarizes prepared testimony in support of HB 3458 (EXHIBIT V).
TAPE 101, A
040	Rep. Schaufler	Asks for explanation of intent for HB 3458.
043	Schellenberg	Responds.
045	Peter De Luca	Administrator, Department of Consumer and Business Services, Oregon Occupational Safety and Health Division (OSHA). Submits and summarizes prepared testimony in opposition to HB 3458 (EXHIBIT W).
072	Brad Witt	Oregon AFL-CIO. Testifies in regard to HB 3458. Explains potential problems with bill.
115	Schellenberg	Explains laws regarding establishing of safety committees.
139	Rep. Kitts	Asks if HB 3458 is “scorecard issue” with Oregon Farm Bureau.
144	Schellenberg	Answers yes.
148	Rep. Rosenbaum	Asks about considerations for worker safety and reporting accidents.
154	Schellenberg	Answers that there is no guarantee that employers act honestly.
170	Chair Close	Closes work session on HB 3458. Re-opens work session on HB 3458.
172	Rep. Garrard	MOTION: Moves HB 3458 to the floor with a DO PASS recommendation.
174	Rep. Schaufler	States support for HB 3458.
180	Rep. Merkley	States qualified support for HB 3458.
192	Rep. Rosenbaum	States opposition to HB 3458.
		VOTE: 5-2 AYE: 5 - Gallegos, Garrard, Merkley, Schaufler, Close NAY: 2 - Kitts, Rosenbaum
	Chair Close	The motion CARRIES. REP. KRUSE will lead discussion on the floor.
Written testimony submitted by Don Schellenberg, Oregon Farm Bureau, in opposition to HB 3458 (EXHIBIT W).
210	Chair Close	Closes work session on HB 3458. Opens work session on HB 3543.
HB 3543 – WORK SESSION
220	Eugene Ebersole	Assistant Attorney General, Financial Fraud/Consumer Protection Section, Oregon Department of Justice. Submits and summarizes prepared testimony in regard to HB 3543 (EXHIBIT X).
260	Darrell Fuller	Oregon Auto Dealers Association. Submits and summarizes prepared testimony in support of HB 3543 (EXHIBIT Y).
320	Betsy Earls	Freightliner. Submits and summarizes prepared testimony in opposition to HB 3543 (EXHIBIT Z).
TAPE 102, A
013	Larry Campbell	General Motors. Submits and summarizes prepared testimony in opposition to HB 3543 (EXHIBIT AA).
035	Rep. Gallegos	Asks about purchase of vehicles fleets.
043	Earls	Explains provisions addressing fleet of vehicles.
050	Chair Close	Closes work session on HB 3543. Opens work session on HB 3467.
HB 3467 – WORK SESSION
060	Rep. Garrard	MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3467.
		VOTE: 5-0 EXCUSED: 2 - Kitts, Merkley
	Chair Close	Hearing no objection, declares the motion CARRIED.
065	Rep. Garrard	MOTION: Moves to RECONSIDER the vote by which HB 3467 moved to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue by prior reference.
		VOTE: 5-0 EXCUSED: 2 - Kitts, Merkley
	Chair Close	Hearing no objection, declares the motion CARRIED.
073	Rep. Mike Schaufler	House District 48. Testifies in support of HB 3467.
108	Don Schellenberg	Oregon Farm Bureau. Submits and summarizes prepared testimony in support of HB 3467 (EXHIBIT BB).
118	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies in support of HB 3467.
132	Rep. Schaufler	Explains -1 amendment (EXHIBIT CC).
139	Rep. Gallegos	Asks for clarification of provisions of HB 3467.
141	Rep. Schaufler	Clarifies provisions.
144	Rep. Rosenbaum	Asks if bill would apply to wages above minimum wage.
147	Rep. Schaufler	Responds.
150	Rep. Schaufler	MOTION: Moves to ADOPT HB 3467-1 amendments dated 3/18/03.
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
155	Rep. Schaufler	MOTION: Moves HB 3467 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference.
160	Rep. Kitts	States opposition to HB 3467.
173	Rep. Schaufler	Responds.
175	Rep. Rosenbaum	States opposition to HB 3467.
191	Rep. Merkley	States opposition to HB 3467.
		VOTE: 4-3 AYE: 4 - Gallegos, Garrard, Schaufler, Close NAY: 3 - Kitts, Merkley, Rosenbaum
	Chair Close	The motion CARRIES.
205	Chair Close	Closes work session on HB 3467. Opens work session on HB 3262.
HB 3262 – WORK SESSION
211	Rep. Gordon Anderson	House District 3. Testifies in support of HB 3262.
258	Chair Close	Closes work session on HB 3467. Adjourns meeting at 10:47 a.m.

EXHIBIT SUMMARY

A – HB 2233, -4 amendment, staff, 7 pp

B – HB 2304, -1 amendment, staff, 2 pp

C – HB 2304, written testimony, Ken Murphy, 3 pp

D – HB 2304, written testimony, Ann Steves, 2 pp

E – HB 2304, written testimony, Ed Parker, 1 p

F – HB 2356, -1 amendment, staff, 1 p

G – HB 2356, written testimony, Henry Kane, 17 pp

H – HB 2555, written testimony, Eric Blackledge, 7 pp

I – HB 2555, written testimony, William Seider, 1 p

J – HB 2640, written testimony, Ken Ray, 1 p

K – HB 2640, written testimony, Wayne Schumacher, 2 pp

L – HB 2737, -5 amendment, staff, 10 pp

M – HB 2983, -1 amendment, staff, 8 pp

N – HB 2983, written testimony, Lynn McNamara, 6 pp

O – HB 2983, written testimony, Mick Sepull, 1 p

P – HB 3021, -2 amendment, staff, 2 pp

Q – HB 2906, -2 amendment, staff, 4 pp

R – HB 3051, -1 amendment, staff, 3 pp

S – HB 3420, written testimony and background material, Dave Fiskum, 34 pp

T – HB 3420, written testimony, Lana Butterfield, 1 p

U – HB 3420, written testimony, Brandon E. LaSalle, 1 p

V – HB 3458, written testimony, Don Schellenberg, 2 pp

W – HB 3458, written testimony, Peter DeLuca, 2 pp

X – HB 3543, written testimony, Eugene Ebersole, 4 pp

Y – HB 3543, written testimony, Darrell Fuller, 2 pp

Z – HB 3543, written testimony, Betsy Earls, 2 pp

AA – HB 3543, written testimony, Larry Campbell, 1 p

BB – HB 3467, written testimony, Don Schellenberg, 1 p

CC – HB 3467, -1 amendment, staff, 1 p