HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 23, 2003 Hearing Room E

8:30 A.M. Tapes  103 – 104

 

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:            SB 341A – Public Hearing

                                                HB 2172 – Work Session

                                                HB 3069 – Work Session

                                                HB 3300 & HB 3400 – Work Session

                                                HB 3544 – Work Session

                                                HB 3229 – Work Session

                                                SB 739 – Public Hearing and Work Session

                                                SB 602 – Public Hearing and Work Session

                                                HB 3622 – Public Hearing and Work Session

                                                HB 2341 – 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 103, A

003

Chair Close

Calls meeting to order at 8:37 a.m. Opens work session on SB 341A.

SB 341A– PUBLIC HEARING

009

Sen. Roger Beyer

Senate District 9. Testifies in support of SB 341A and submits written information (EXHIBIT A).

021

Ross Day

Attorney. Testifies in support of SB 341A.

065

Annette Talbott

Deputy Commissioner, Bureau of Labor and Industries (BOLI). Submits written testimony in support of SB 341A (EXHIBIT B).

075

Rep. Gallegos

MOTION:  Moves SB 341A to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

 

Chair Close

The motion CARRIES.

085

Chair Close

Closes public hearing on SB 341A. Opens work session on HB 2172.

HB 2172 – WORK SESSION

086

Megan Palau

Committee Administrator. Summarizes HB 2172.

095

Rep. Gallegos

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2172.

 

 

VOTE:  6-0

EXCUSED:  1 - Rosenbaum

 

Chair Close

Hearing no objection, declares the motion CARRIED.

100

Rep. Gallegos

MOTION:  Moves to RECONSIDER the vote by which HB 2172 was sent to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

110

Rep. Gallegos

MOTION:  Moves HB 2172 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

123

Chair Close

Closes work session on HB 2172. Opens work session on HB 3069.

HB 3069 – WORK SESSION

140

John VanLandingham

Lance County Law & Advocacy Center. Submits and summarizes prepared testimony (EXHIBIT C) in support of HB 3069 and -2 amendments (EXHIBIT D).

185

Rep. Gallegos

Asks for clarification of conditions of  timeframe for approving purchasing manufactured homes.

194

VanLandingham

Offers clarifications of provisions regarding timeframe.

228

Rep. Gallegos

Asks for clarification of process.

240

VanLandingham

Explains provisions regarding eviction.

267

Rep. Gallegos

Asks for further clarification of eviction process.

274

VanLandingham

Clarifies.

278

Rep. Merkley

Asks about value and equity of homes when selling.

289

VanLandingham

Explains that issue was addressed but not resolved by work group.

319

Chair Close

Closes work session on HB 3069. Opens work session on HB 3300 and HB 3400.

HB 3300 & HB 3400 – WORK SESSION

340

Rob Douglas

Oregon Self-Insurers Association. Testifies in support of HB 3300 and HB 3400.

347

Linda Barno

Chair, Legislative Committee, Oregon Self-Insurers Association. Submits and summarizes prepared testimony in support of HB 3300 (EXHIBIT E) and testifies in support of HB 3400 (EXHIBIT F).

Written testimony submitted by Linda Jefferson, Workers’ Compensation Manager, City of Portland’s Bureau of General Services-Risk Management Division; Oregon Self-Insurers Association, in support of HB 3300 (EXHIBIT G) and HB 3400 (EXHIBIT H).

400

Rep. Rosenbaum

Asks about reporting denied claims requirement in HB 3300.

402

Barno

Offers clarification of claims process.

TAPE 104, A

012

John Shilts

Administrator, Workers’ Compensation Division, Department of Consumer and Business Services. Testifies in support of HB 3300.

033

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 3300-1 amendments dated 4/23/03 (EXHIBIT I).

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

036

Rep. Rosenbaum

MOTION:  Moves HB 3300 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. KNOPP will lead discussion on the floor.

 

 

 

045

Rep. Rosenbaum

MOTION:  Moves HB 3400 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

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

 

Chair Close

The motion CARRIES.

REP. KNOPP will lead discussion on the floor.

055

Chair Close

Closes work session on HB 3300 & HB 3400. Opens work session on HB 3544.

HB 3544 – WORK SESSION

056

Megan Palau

Committee Administrator. Summarizes HB 3544 and -1 amendment (EXHIBIT J).

060

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI). Submits and summarizes prepared testimony in support of HB 3544 (EXHIBIT K).

090

Darrell Fuller

Oregon Auto Dealers Association. Testifies in support of HB 3544.

100

Rep. Merkley

Asks for clarification of commissions and penalties for wages owed.

105

Gardner

Offers clarification.

110

Rep. Kitts

MOTION:  Moves to ADOPT HB 3544-1 amendments dated 4/22/03.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

 

 

 

115

Rep. Kitts

MOTION:  Moves HB 3544 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.

125

Chair Close

Closes work session on HB 3544. Opens work session on HB 3229.

HB 3229 – WORK SESSION

130

Dan Gardner

Commissioner, Bureau of Labor and Industries. Submits and summarizes prepared testimony in opposition to HB 3229 (EXHIBIT L).

193

Chair Close

Asks for explanation of “Coastal Book System”.

196

Steve Sims

Apprenticeship and Training Division, BOLI. Explains “Coastal Book System”.

224

Chair Close

Closes work session on HB 3229. Opens public hearing on SB 739.

SB 739 – PUBLIC HEARING

235

Megan Palau

Committee Administrator. Summarizes SB 739.

245

Julie Brandis

Associated Oregon Industries. Submits and summarizes prepared information in support of SB 739 (EXHIBIT M).

298

Rep. Garrard

Clarifies nature of case of stolen baby formula in Klamath Falls.

304

Brandis

Offers additional clarification of case.

312

Rep. Rosenbaum

Asks about fiscal impact.

315

Palau

Explains fiscal impact.

320

Brandis

Clarifies fiscal impact and explains importance of bills.

339

Rep. Rosenbaum

Asks about classification of crimes and prosecution.

346

Brandis

Clarifies crimes and prosecution.

357

Rep. Gallegos

Asks about exemptions for garage sales.

362

Brandis

Explains exemptions for garage sales.

383

Chair Close

Clarifies statute addressing garage sales. Closes public hearing on SB 739. Opens work session on SB 739.

SB 739 – WORK SESSION

400

Rep. Rosenbaum

MOTION:  Moves SB 739 to the floor with a DO PASS recommendation.

410

Rep. Merkley

Asks about relationship of SB 739 to SB 466.

412

Brandis

Explains provisions of SB 466.

 

 

VOTE:  6-0

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

EXCUSED:  1 – Kitts

 

Chair Close

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

 

Chair Close

Closes work session on SB 739. Opens public hearing on SB 602.

TAPE 103, B

SB 602 – PUBLIC HEARING

012

Darrell Fuller

Oregon Auto Dealers Association. Submits and summarizes prepared testimony in support of SB 602 (EXHIBIT N).

040

Rep. Gallegos

Asks about provisions for test drives.

043

Fuller

Explains test driving provisions.

058

Rep. Merkley

Asks for clarification of insurance coverage.

066

Fuller

Explains insurance coverage.

083

Rep. Merkley

Asks about faulty vehicles and liability.

085

Fuller

Clarifies faulty vehicles and liability.

100

Rep. Merkley

Asks about insurance coverage and responsibility.

109

Fuller

Explains insurance coverage and responsibility.

115

Chair Close

Closes public hearing on SB 602. Opens work session on SB 602.

SB 602 – WORK SESSION

120

Rep. Garrard

MOTION:  Moves SB 602 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. ROSENBAUM will lead discussion on the floor.

130

Chair Close

Closes work session on SB 602. Opens public hearing on HB 3622.

HB 3622 – PUBLIC HEARING

135

Megan Palau

Committee Administrator. Summarizes HB 3622.

140

Jim Welsh

Oregon State Grange. Testifies in support of HB 3622.

170

Chair Close

Clarifies that bill is new approach from previous approach.

172

Welsh

Explains that exemption is necessary.

184

Rep. Schaufler

Asks about support for bill.

186

Welsh

Clarifies support for bill.

190

Rep. Rosenbaum

Asks about independent contractor provision.

194

Welsh

Clarifies independent contractor provision.

200

Rep. Merkley

Asks for clarification of extent of bill’s provisions.

205

Welsh

Responds.

208

Chair Close

Closes public hearing on HB 3622. Opens work session on HB 3622.

HB 3622 – WORK SESSION

210

Rep. Kitts

MOTION:  Moves HB 3622 to the floor with a DO PASS recommendation.

215

Rep. Merkley

States reservations to HB 3622.

227

Rep. Schaufler

States opposition to HB 3622.

232

Chair Close

Explains exemptions in HB 3622.

236

Rep. Kitts

States support for HB 3622.

252

Rep. Merkley

Explains objections to HB 3622.

271

Rep. Rosenbaum

Expresses concerns that bill was not approved by Management Labor Advisory Committee (MLAC).

280

Welsh

Explains position of MLAC on bill and situation addressed by bill.

310

Rep. Merkley

Asks about workers’ compensation and injuries to workers.

314

Welsh

Responds.

323

Rep. Kitts

Asks how long LRI, Inc. has been in business.

325

Welsh

Answers 6 years.

327

Rep. Kitts

Asks if any worker has been hurt in that time.

330

Welsh

Answers that he is unaware of anyone being injured.

345

Chair Close

Explains precedent for exemptions.

 

 

VOTE:  5-2

AYE:               5 - Gallegos, Garrard, Kitts, Merkley, Close

NAY:               2 - Rosenbaum, Schaufler

 

Chair Close

The motion CARRIES.

REP. BROWN will lead discussion on the floor.

362

Chair Close

Closes work session on HB 3622. Opens work session on HB 2341.

HB 2341 – WORK SESSION

370

Megan Palau

Committee Administrator. Summarizes HB 2341.

380

Jessica Harris

Associated General Contractors. Submits and summarizes prepared testimony and information in support of HB 2341 and -7 amendment (EXHIBIT O).

TAPE 104, B

001

Harris

Continues testimony.

092

Chair Close

Commends work done on HB 2341.

097

Rep. Garrard

Commends work done on HB 2341.

116

Rep. Schaufler

Clarifies that intent of HB 2341 is not to harm qualified rehabilitation facilities, disabled individuals, or displace workers.

124

Harris

Concurs.

134

Chair Close

Closes work session on HB 2341. Adjourns meeting at 10:10 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 341A, BOLI letter, Sen. Roger Beyer, 1 p

B – SB 341A, written testimony, Annette Talbott, 2 pp

C – HB 3069, written testimony, John VanLandingham, 3 pp

D – HB 3069, -2 amendment, staff, 59 pp

E – HB 3300, written testimony, Linda Barno, 2 pp

F – HB 3400, written testimony, Linda Barno, 2 pp

G – HB 3300, written testimony, Linda Jefferson, 3 pp

H – HB 3400, written testimony, Linda Jefferson, 5 pp

I – HB 3300, -1 amendment, staff, 1 p

J – HB 3544, -1 amendment, staff, 1 p

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

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

M – SB 739, prepared information, Julie Brandis, 3 pp

N – SB 602, written testimony, Darrell Fuller, 3 pp

O – HB 2341, engrossed with -7 amendment, Jessica Harris, 124 pp