HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

August 5, 2003   Hearing Room E

1:30 PM Tapes 108 - 109

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Administrator

                                                Janet Adkins, Administrator

                                                Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:             SCR 8 – Public Hearing and Work Session 

                                                            SB 666 A – Public Hearing and Work Session

                                                            SB 906 A – Public Hearing and 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 108, A

004

Chair Doyle

Calls meeting to order at 1:34 p.m., announces order agenda items will be considered, and opens a public hearing on SCR 8.

SCR 8 – PUBLIC HEARING

014

Major General Dave Ferre

Director of Installations, Oregon Military Department.  Introduces Brigadier General Staryl Austin, Retired.

019

Staryl Austin, Brigadier General, Retired

Comments on working with Major General Anderson during crises in Oregon and the development of the emergency command center.  Describes the new emergency management center and comments on recognition by federal agencies of Oregon’s advanced system.  Explains that naming the new center after Major General Donald N. Anderson is fitting.

083

Rep. Barnhart

Comments on his new realization of services that protect him and the public.

073

Chair Doyle

Closes the public hearing and opens a work session on SCR 8.

SCR 8 – WORK SESSION

102

Rep. Flores

MOTION:  Moves SCR 8 be sent to the floor with a BE ADOPTED recommendation.

105

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

REP. FLORES will lead discussion on the floor.

110

Chair Doyle

Closes the work session on SCR 8 and opens a public hearing on SB 666 A.

SB 666 A – PUBLIC HEARING

105

Chair Doyle

Notes that the committee has received the SB 666-A2 amendments (EXHIBIT A).

123

Sen. Joan Dukes

District 16.  Comments on constituents who regularly transport older veterans from Clatsop County to the Veterans Hospital in Portland.   Explains that the group asked permission from ODOT to continue to use their studded tires past the deadline for removal of studded tires.  Nothing in state law allows ODOT to make that kind of exemption.  Comments on accident on Highway 26.  This bill would allow regularly scheduled medical transport services an exemption on studded tires; ODOT will adopt administrative rules to allow the transporters to use their discretion.  Adds there are several exemptions in the statute and this would be added to the list of exemptions.

147

Rep. Vic Backlund

District 25.  Presents the SB 666-A2 amendments (EXHIBIT A).  Explains that the amendments are designed to solve a problem with statewide implications and at the same time allow cities the leeway to fix the problem.  Explains that golfers drive their carts on the residential streets to the golf course.  ORS 810.070 says the local road authority, typically the city council, has to pass an ordinance permitting this practice.  The 10 cities in the Mid-Willamette Valley have not adopted ordinances and are asking what the amendments would provide (EXHIBIT B).  States that a number of people live more than one-half mile from their golf course and the Keizer City Council would prefer a legislative fix.  States that the council has had a public hearing on the issue and their Transportation Committee has dealt with it three different times.  The local golf course also made a presentation to the city council to solve this dilemma.  States the council has not passed an ordinance because there is a problem of determining what really constitutes the one-half mile limit. 

216

Rep. Backlund

Explains that the SB 666-A2 amendments (EXHIBIT A) do what the mayors of the 10 Mid-Willamette Valley cities have asked him to bring forward. 

223

Rep. Barnhart

Asks if golf carts have a slow-moving vehicle sign on them.

 

Rep. Backlund

Responds they do not and thinks owners will voluntarily put something on their carts, but it is not required.

 

Chair Doyle

Asks if the warning signs would also be decided by the local councils.

 

Backlund

Responds it is something they could include in the ordinances.

248

Rep. Barnhart

Asks if councils could restrict the carts to day time or good weather.

258

Rep. Backlund

States he presumes the city councils could consider any restriction.

 

Rep. Monnes Anderson

Ask if ODOT decided it would be up to individuals to use studded tires.

 

Sen. Dukes

Responds that if a transport vehicle is in regularly scheduled medical transport, they would have the option.

272

Rep. Verger

Comments she believes there is a safety concern when carts are driven where they cannot be seen.  Hopes that each city looks at the safety issues before they write the ordinance.

301

Rep. Backlund

States to his knowledge there have been no accidents on residential streets.  Believes the city councils will address the safety issues.

285

Chair Doyle

Closes the public hearing and opens a work session on SB 666 A.

SB 666 A – WORK SESSION

314

Rep. Flores

MOTION:  Moves to ADOPT SB 666-A2 amendments dated 7/7/03.

326

Rep. Barnhart

Asks if the language in Section 2(3) means that a city ordinance could not require the carts to have lights or a slow-moving vehicle, etc.

336

Doug Tindall

State Maintenance Engineer, Oregon Department of Transportation.  Responds that the vehicle equipment requirements are extensive and include windshields, etc.  States he would not interpret this to mean they could not ask for any of the requirements; they just could not ask that the vehicle be street legal. 

346

Rep. Monnes Anderson

Comments that the language does not say the city councils do not have the option to require some things.

 

 

VOTE:  7-0-0

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

358

Rep. Flores

MOTION:  Moves SB 666 A to the floor with a DO PASS AS AMENDED recommendation.

361

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

 

368

Chair Doyle

MOTION:  Moves SB 666 A be placed on the CONSENT CALENDAR.

368

 

VOTE:  7-0-0

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

371

Chair Doyle

Closes the work session on SB 666 A and opens a public hearing on SB 906 A.

SB 906 A – PUBLIC HEARING

388

John DiLorenzo

Hoyt Street Properties.  Explains that SB 906 A encompasses a number of bills, which all originated in the House and were in House Business, Labor and Consumer Affairs Committee and all passed overwhelmingly.  The bills were referred to a Senate committee.  SB 906 A includes further consensus amendments that satisfy all interests, including the agencies’. 

429

DiLorenzo

Summarizes statement (EXHIBIT C, pages 4-8) in support of Sections 68-77 of SB 906 A.

TAPE 109, A

028

Shawn Miller

Associated Builders and Contractors and Independent Electrical Contractors.  Testifies in support of Sections 54-60 of SB 906 A (EXHIBIT D). 

078

Jerod Broadfoot

PacWest Communications, representing the National Electrical Contractors Association (NECA) and the International Brotherhood of Electrical Workers (IBEW), Plumbing and Mechanical Contractors Association, and United Association of Plumbers and Steamfitters Local 290.  Testifies in support of Sections 61-67 of SB 906 A and sections dealing with the Residential Structures Board and the Mechanical Board. 

091

Broadfoot

Comments on the requirement for wearing identification and the exemption that says if there is a danger to the worker’s or the public’s health, they would not have to wear it, requirements and restrictions on advertising, and the ability of the Building Codes Division to write rules to establish a conflict of interest for individuals who act not only as electrical inspectors, but as electrical contractors as well.  Explains problems they have had with a person inspecting his own work and inspecting their competitor’s work. 

111

Boardfoot

Explains that the establishment of the Residential Structures Board and the Mechanical Board came from two sessions of work.  Speaks in opposition to the SB 906-A7 amendment (EXHIBIT F) that would replace the public member on the board with a mechanical engineer.  Adds that they are concerned that any amendment would cause the bill to die this late in session.

133

Rep. Verger

Asks if anything in the original four bills has changed.

141

DiLorenzo

Responds that every single concern the Construction Contractors Board had on licensed developers has been addressed in SB 906 A. Explains changes.

150

Miller

Responds there were three changes on the sections relating to prompt payments; it is the owner’s responsibility and liability to provide notice of alternative billing cycle.  Originally, the bill dealt with public contracts, but public contracting has its own prompt payment provisions in current law and local governments think that is working well.  Language on page 36 in line 34 excludes the public contracts.

175

Miller

Explains that the changes in lines 35-37 on page 36 on low income housing have been made because this involves federal money, they had to make the exception because it would be confusing. 

195

Rep. Monnes Anderson

Asks if this would cause a conflict with public entities doing their own contracting.

200

DiLorenzo

Responds that public entities do not develop property for resale, and he does not believe they would be required to obtain a construction contractor’s license. 

200

Marshall Coba

American Council of Engineering Companies of Oregon.  Presents a prepared statement (EXHIBIT E) in support of SB 906 A with the SB 906 A7 amendments (EXHIBIT F.  Comments on engineers being on other boards listed in SB 906 A.

266

Rep. Monnes Anderson

Asks if it is possible that a member of the board might have a mechanical engineer background.

273

Coba

Responds that he does not know what background a municipal inspector would be required to have.  The public member would not be someone who would be working in the field on a daily basis, making decisions, staying abreast of the latest technology and continuing to work toward maintaining public health and safety.

286

Rep. Monnes Anderson

Asks if someone from the board is present and can provide information about whether there is anyone on the board that is a mechanical engineer. 

296

Coba

Comments they are seeking a licensed mechanical engineering on the Mechanical Board.

303

Mark Long

Administrator, Building Codes Division.  States he does not know if there is a mechanical inspector that has an engineering background, but suspects there is someone in the larger jurisdictions.  It is not a requirement to get the certification.  Adds that other members may have an engineering background.  States they are not uncomfortable with working with Coba to put preference for a mechanical engineer in one of the board positions.

304

Ron Murray

United Association of Plumbers and Steamfitters Local 290, and the American Society of Sanitary Engineers. Explains that he sits on the Tri-County Industry Advisory Board, which has a mechanical subcommittee where people from the industry, installers, contractors, etc., bring questions to the committee to ensure code consistency and conformity throughout the entire tri-county area.   The individual the HVAC contractors select is a mechanical engineer.  Almost any of the positions on the Mechanical Board could be filled by a mechanical engineer.  States they are not opposed to having a mechanical engineer on the board but would like to see the bill move forward in its present form.

363

Rep. Barnhart

Asks if there is a reason for excluding a public member from this board.

 

Coba

Responds there is no reason.  States they have had discussions and the agency likes the nine members on the board. 

386

Rep. Verger

Comments she would not want to remove a public member.  Thinks it looks like a bill that has had a great deal of work and time spent on it.  Four bills have been put into one.  Believes there has been time in the process to get the mechanical engineer on before now.  If there is some leeway in one of the positions, they can bring on a mechanical engineer when the term is up and she is eager to move the bill today.

409

Rep. Barnhart

Comments this is a new board and perhaps the issue could be dealt with upfront at the time of appointment.

415

Coba

Notes that two public members are being removed from the Building Codes Structures Board.

426

Rep. Verger

Responds that she believes they wanted the public member to be a person who represents disabilities.

431

Rep. Backlund

States there is nothing in the bill that would include a person being a mechanical engineer. 

443

Coba

Responds that we need someone who is working on a daily basis to ensure public health and safety. 

468

Vice Chair Flores

Enters into the record a letter dated August 5, 2003 from Oregon Rural Electric Cooperative Association (EXHIBIT G).

472

Vice-Chair Flores

Closes the public hearing and opens a work session on SB 906 A.

TAPE 108, B

SB 906 A – WORK SESSION

002

Rep. Backlund

MOTION:  Moves SB 906 A be sent to the floor with a DO PASS recommendation.

006

Rep. Monnes Anderson

Comments she thinks those involved with the new mechanical board probably have taken an interest and will consider this in the appointment.  Believes the makeup of the board is extremely important.

014

Rep. Barnhart

Comments he thinks Coba has made a good case for inclusion of a mechanical engineer on the board and under different circumstances would support that as an amendment.  Also thinks it is important to have a public member on the board.  Adds that he is concerned about the removal of the public members from the Building Codes Structural Board.  Believes at least one public member should have been retained.

038

Rep. Backlund

Comments that he will support the bill without the amendment.

050

 

VOTE:  6-0-1

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

EXCUSED:  1 - Rep. Doyle

055

Vice Chair Flores

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

 

057

Vice-Chair Flores

Closes the work session on SB 906 A and adjourns the meeting at 2:36 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 666, SB 666-A2 amendments, Rep. Backlund, 2 pp

B – SB 666, letter signed by Valley mayors, Rep. Backlund, 2 pp

C – SB 906, prepared statement, John DiLorenzo, 14 pp

D – SB 906, prepared statement, Shawn Miller, 1 p

E – SB 906, prepared statement, Marshall Coba, 1 p

F – SB 906, SB 906-A7 amendment, Marshall Coba, 1 p

G – SB 906, Oregon Rural Electric Cooperative Association letter, staff, 1 p