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