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