HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

May 7, 2003 Hearing Room E

8:30 A.M. Tapes 114 – 115

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: SB 206A – Public Hearing and Work Session

SB 515A – Public Hearing and Work Session

SB 588A – Public Hearing and Work Session

SB 711A – Public Hearing and Work Session

SB 713A – Public Hearing and Work Session

SB 714A – Public Hearing and Work Session

SB 715A – Public Hearing and Work Session

SB 285 – Public Hearing

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 114, A
003	Chair Close	Calls meeting to order at 8:37 a.m. Opens public hearing on SB 206A.
SB 206A – PUBLIC HEARING
015	Megan Palau	Committee Administrator. Summarizes SB 206A.
020	Scott Taylor	Oregon Real Estate Commissioner. Submits and summarizes prepared testimony in support of SB 206A (EXHIBIT A).
065	Chair Close	Asks about definition of “professional”.
070	Taylor	Offers clarification of language in bill.
074	Christine Chute	Assistant Attorney General. Submits and summarizes prepared testimony in support of SB 206A (EXHIBIT B).
115	Rep. Rosenbaum	Asks about ability to enforce regulations.
120	Chute	Explains ability to enforce regulations
130	Rep. Merkley	Asks about retroactivity of bill.
133	Chute	Explains retroactivity.
136	Taylor	Offers clarification.
142	Rep. Merkley	Asks for further clarification.
150	Taylor	Offers further clarification.
170	Robin White	Building Owners and Managers Association (BOMA). Testifies in support of SB 206A.
180	Chair Close	Closes public hearing on SB 206A. Opens work session on SB 206A.
SB 206A – WORK SESSION
185	Rep. Kitts	MOTION: Moves to ADOPT SB 206A-A3 amendments dated 5/7/03 (EXHIBIT C).
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
190	Rep. Kitts	MOTION: Moves SB 206A 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. MERKLEY will lead discussion on the floor.
200	Chair Close	Closes work session on SB 206A. Opens public hearing on SB 515A.
SB 515A – PUBLIC HEARING
207	Megan Palau	Committee Administrator. Summarizes SB 515A.
210	Jana Jarvis	Oregon Association of Realtors. Testifies in support of SB 515A.
245	Matt Farmer	Associate General Counsel, Oregon Association of Realtors. Submits and summarizes prepared testimony in support of SB 515A (EXHIBIT D).
352	Rep. Garrard	Asks for clarification of language.
360	Farmer	Offers clarification of disclosure.
384	Rep. Schaufler	Asks about issue of mold in building.
395	Farmer	Addresses issue of mold.
TAPE 115, A
015	Rep. Kitts	Asks for clarification of language.
022	Farmer	Offers clarification.
028	Rep. Kitts	Further clarifies.
032	Rep. Garrard	Asks about potential for abuse of disclosure provisions.
035	Farmer	Explains issue of disclosure.
054	Rep. Kitts	Clarifies nature of mold issues.
063	Rep. Schaufler	Asks about disclosure of mold issues.
070	Farmer	Offers further clarification of mold issues.
080	Rep. Schaufler	Asks about nature of mold issue.
085	Farmer	Explains nature of mold issue.
092	Chair Close	Asks about “as-is” clause in contracts.
100	Farmer	Clarifies “as-is” clauses.
111	Rep. Garrard	Asks about determining difference between mold and mildew.
118	Farmer	Explains efforts to get to nature of issue.
124	Rep. Garrard	Asks for further clarification.
126	Farmer	Offers further clarification.
132	Rep. Gallegos	Asks about potential for deceit in home selling.
136	Farmer	Explains potential for deceit.
145	Steve Lucas	Chair, Sellers Disclosure Task Force, Oregon Association of Realtors. Submits and summarizes prepared testimony in support of SB 515A (EXHIBIT E).
202	Rep. Rosenbaum	Asks about visual home inspections to determine potential problems.
205	Lucas	Explains home inspections.
228	Scott Taylor	Oregon Real Estate Commissioner. Testifies in support of SB 515A.
288	Rich Vial	Northwest HOA Law Center, Condo Working Group. Testifies in support of SB 515A.
315	Chair Close	Closes public hearing on SB 515A. Opens work session on SB 515A.
SB 515A – WORK SESSION
320	Rep. Kitts	MOTION: Moves SB 515A to the floor with a DO PASS recommendation.
325	Rep. Garrard	Notes concerns regarding SB 515A.
335	Rep. Merkley	Notes support for SB 515A.
		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Close	The motion CARRIES. REP. MERKLEY will lead discussion on the floor.
365	Chair Close	Closes work session on SB 515A. Opens public hearing on SB 588A.
SB 588A – PUBLIC HEARING
370	Darrell Fuller	Oregon Auto Dealers Association. Submits and summarizes prepared testimony in support of SB 588A (EXHIBIT F).
440	Chair Close	Closes public hearing on SB 588A. Opens work session on SB 588A.
SB 588A – WORK SESSION
450	Rep. Kitts	MOTION: Moves SB 588A 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.
460	Rep. Rosenbaum	MOTION: Moves SB 588A be placed on the CONSENT CALENDAR.
		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Close	The motion CARRIES.
465	Chair Close	Closes work session on SB 588A. Opens public hearing on SB 711A, SB 713A, SB 714A, SB 715A.
TAPE 114, B
SB 711A, SB 713A, SB 714A, SB 715A – PUBLIC HEARING
020	Mark Long	Administrator, Building Codes Division. Testifies in support of bills.
075	Rep. Schaufler	Asks about obtaining electronic permits.
078	Long	Explains intentions for electronic permits.
080	Chair Close	Asks why concepts were not placed in one bill.
085	Long	Explains the different concepts and why they were placed in separate bills.
090	Rep. Kitts	States support for bills.
104	Bob Shiprack	Executive Secretary, Oregon Building Trades Council. Explains history of bills.
145	Chair Close	Closes public hearing on SB 711A, SB 713A, SB 714A, SB 715A. Opens work session on SB 711A.
SB 711A – WORK SESSION
150	Rep. Kitts	MOTION: Moves to ADOPT SB 711A-A3 amendments dated 4/28/03 (EXHIBIT G).
		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
155	Rep. Kitts	MOTION: Moves SB 711A 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.
165	Chair Close	Closes work session on SB 711A. Opens work session on SB 713A.
SB 713A – WORK SESSION
170	Rep. Kitts	MOTION: Moves SB 713A 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. SCHAUFLER will lead discussion on the floor.
175	Chair Close	Closes work session on SB 713A. Opens work session on SB 714A.
SB 714A – WORK SESSION
180	Rep. Kitts	MOTION: Moves SB 714A 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. GARRARD will lead discussion on the floor.
185	Chair Close	Closes work session on SB 714A. Opens work session on SB 715A.
SB 715A – WORK SESSION
190	Rep. Kitts	MOTION: Moves to ADOPT SB 715A-A3 amendments dated 4/28/03 (EXHIBIT H).
192		VOTE: 7-0
	Chair Close	Hearing no objection, declares the motion CARRIED.
195	Rep. Kitts	MOTION: Moves SB 715A to the floor with a DO PASS AS AMENDED recommendation.
198		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Close	The motion CARRIES. REP. GALLEGOS will lead discussion on the floor.
200	Chair Close	Closes work session on SB 715A. Opens public hearing on SB 285.
SB 285 – PUBLIC HEARING
209	Lisa Trussell	Associated Oregon Industries (AOI). Testifies in support of SB 285. Speaks on worker’s compensation claims and the division. Explains the bill regarding notice of closure. Notes intent of the forthcoming amendments.
260	Chair Close	Clarifies the amendments have been submitted.
261	Lisa Trussell	Affirms.
264	Rep. Rosenbaum	Requests why insurers would request reconsideration of their own closure.
268	Trussell	Responds regarding the closure of claims.
282	Rep. Rosenbaum	Asks about dissent in the working process.
286	Trussell	Replies that it was not a labor issue, and estimates reasoning behind dissent.
290	Chair Close	Closes public hearing on SB 285. Adjourns meeting at 9:53 a.m.

EXHIBIT SUMMARY

A – SB 206A, written testimony, Scott Taylor, 2 pp

B – SB 206A, written testimony, Christine Chute, 4 pp

C – SB 206A, -A3 amendment, staff, 1 p

D – SB 515A, written testimony, Matt Farmer, 2 pp

E – SB 515A, written testimony, Steve Lucas, 2 pp

F – SB 588A, written testimony, Darrell Fuller, 1 p

G – SB 711A, -A3 amendment, staff, 1 p

H – SB 715A, -A3 amendment, staff, 1 p