HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

March 30, 2005   Hearing Room B

8:00 A.M. Tapes  73 - 74

Corrected 09/28/05

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Sal Esquivel, Vice-Chair

Rep. Mike Schaufler, Vice-Chair

Rep. Paul Holvey

Rep. George Gilman

Rep. Derrick Kitts

Rep. Chip Shields

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Katie Howard, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 3440 – Work Session

HB 2056 – Work Session

HB 2604 – Work Session

HB 2096 – Public Hearing and Work Session

HB 2294 – Public Hearing

HB 2717 – Public Hearing and Work Session

HB 3015 – 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 73, A

003

Chair Brown

Calls the meeting to order at 8:13 a.m.  Opens the work session on HB 3440.

HB 3440 – WORK SESSION

007

Janet Adkins

Committee Administrator.  Explains HB 3440.  Submits the -1 amendments (EXHIBIT A)

016

Rep. Schaufler

Wants to put a $30,000 income limit for joint filings and  $20,000 income limit for all other filings. 

021

Adkins

Explains where the changes would be made in the -1 amendments.

024

Rep. Schaufler

MOTION:  Moves to ADOPT HB 3440-1 amendments dated 03/22/05 and that the measure be FURTHER AMENDED on page 1, line 12, by inserting "30,000" after "$" and on page 1, line 14, by inserting "20,000" after "$".

030

Rep. Holvey

Speaks in support of HB 3440, but says that he would rather see $35,000 for joint filings and $25,000 for all other filings. 

035

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

037

Rep. Schaufler

MOTION:  Moves HB 3440 with a DO PASS AS AMENDED recommendation BE REFERRED to the committee on Revenue by prior reference.

041

Rep. Kitts

Asks how many people will be reached by HB 3440.

042

Rep. Schaufler

States that it will reach about 70,000 individuals and HB 3440 will decrease revenue to the state by $6 million to $10 million.

055

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

058

Chair Brown

Closes the work session on HB 3440.  Opens a work session on HB 2056.

HB 2056 – WORK SESSION

060

Janet Adkins

Committee Administrator.  Explains HB 2056.  Mentions the -2 amendments (EXHIBIT J)

092

Rep. Esquivel

MOTION:  Moves to ADOPT HB 2056-2 amendments dated 03/17/05.

097

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

101

Rep. Esquivel

MOTION:  Moves HB 2056 with a DO PASS AS AMENDED recommendation BE REFERRED to the committee on Ways and Means by prior reference.

107

Rep. Schaufler

Points out that the industry has asked for the fee increase. 

112

Rep. Kitts

Asks if it is a new fee.

115

Rep. Schaufler

States that he supports the new fee since the industry asked for the new fee.

117

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

127

Chair Brown

Closes the work session on HB 2056 and opens the work session on HB 2604. 

HB 2604 – WORK SESSION

129

Janet Adkins

Committee Administrator.  Explains HB 2604.  Submits the -2 amendments (EXHIBIT B)

149

Rep. Kitts

Speaks highly of the workgroup.  Says that he will ask for a conceptual amendment in committee today.

160

Matt Farmer

General Counsel, Oregon Association of Realtors.  Says that the language in the -2 amendments came for the Real Estate Agency (REA) and explains the -2 amendments.  Says that on line 15 of page 1 after “facts” insert “without conclusions of violations or grounds for discipline”.

186

Rep. Schaufler

Asks if everyone in the room is in agreement about the conceptual amendment in the -2 amendments. 

188

Farmer

Says that everyone is in agreement and that the language was proposed by Scott Taylor of the REA. 

190

Becky Osborne

Regulation Division Manager, REA.  States that the agency supports the -2 amendments. 

198

Rep. Schaufler

Asks if the unions at the workgroup were concerned with the language.

203

Farmer

States that to the best of his knowledge the unions did not express concern with the language.

202

Osborne

Adds that the language was sent to Mr. Pfau and he indicated that he was fine with the -2 amendments.

207

Rep. Kitts

States that the language was brought to the workgroup and agreed upon.  Explains that, during the drafting of the amendments, the language was left out.    

223

Rep. Kitts

MOTION:  Moves HB 2604-2 amendments dated 03/29/ be FURTHER AMENDED on page 1, line 15, by inserting "without conclusions of violation or grounds for discipline" after "facts".

239

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

240

Rep. Kitts

MOTION:  Moves to ADOPT HB 2604-1 amendments dated 03/17/05.

242

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

248

Rep. Kitts

MOTION:  Moves to ADOPT HB 2604-2 amendments dated 03/29/05 as FURTHER AMENDED.

252

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

256

Rep. Kitts

MOTION:  Moves HB 2604 to the floor with a DO PASS AS AMENDED recommendation.

260

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

265

Rep. Kitts

MOTION:  Moves HB 2604 be placed on the CONSENT CALENDAR.

268

 

Rep. Schaufler objects.

 

Chair Brown

The motion FAILS.

REP. KITTS will lead discussion on the floor.

272

Chair Brown

Thanks Rep. Kitts for his hard work.  Closes the work session on HB 2604 and opens the public hearing on HB 2096.

HB 2096 – PUBLIC HEARING

280

Janet Adkins

Explains HB 2096 and mentions the -1 amendments (EXHIBIT C).

310

Brian Demarco

Manager for Land Development and Policy Coordination, Oregon Real Estate Agency (REA).  Submits written testimony on the behalf of Scott Taylor in support of HB 2096 (EXHIBIT D).  Explains the technical changes that HB 2096 makes.  Says that the agency has worked with all stakeholders involved and lists the stakeholders.  Mentions the -1 amendments. 

341

Rep. Esquivel

Asks about the definition of a nonlicensed real estate manager who is an employee of the real estate broker and who discusses financial matters with an owner.  Asks for an example.

350

Demarco

States that typically it would be the onsite manager.  Mentions how people in the industry wanted more flexibility for property managers. 

368

Rep. Esquivel

Asks if terminology should be included to define the person as a property manager.

372

Demarco

Says that the definition already encompasses property managers. 

382

Adkins

Mentions that the change in HB 2096 being discussed is on page seven, lines 12 and 13.  Reads the language. 

393

Rep. Esquivel

Says that a property manager is completely different than a real estate broker.

402

Chair Brown

Closes the public hearing on HB 2096 and opens the work session on HB 2096.

HB 2096 – WORK SESSION

408

Rep. Esquivel

MOTION:  Moves to ADOPT HB 2096-1 amendments dated 03/17/05.

410

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

416

Rep. Esquivel

MOTION:  Moves HB 2096 to the floor with a DO PASS AS AMENDED recommendation.

420

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

426

Rep. Esquivel

MOTION:  Moves HB 2096 be placed on the CONSENT CALENDAR.

428

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

TAPE 74, A

006

Chair Brown

Closes the work session on HB 2096 and opens the public hearing on HB 2294.

HB 2294 – PUBLIC HEARING

007

Janet Adkins

Committee Administrator.  Explains HB 2294.

019

Thad Hettle

Workers’ Compensation Section, Oregon State Bar.  Submits written testimony on behalf of Christopher Moore in support of HB 2294 (EXHIBIT E).  Speaks in partial support of HB 2294.  Wants to change the way that workers’ compensation claims are processed.  Outlines the workers’ claims process.  States that the second provision of HB 2294 permits appeals to the Court of Appeals.  Notes that the Oregon State Bar is in partial support because the amendments were never brought before them.

067

Chair Brown

Asks where the amendments are.  Asks who composed the members of the workgroup.

071

Hettle

States that the amendments are conceptual and says that defense attorneys and claimants for injured workers formed the workgroup.

073

Rep. Schaufler

Asks if it has been through the Management-Labor Advisory Committee (MLAC).

074

Hettle

Says that MLAC is reserving its recommendation about whether the hearings should go through the Court of Appeals.

080

Rep. Schaufler

Asks clarifying question.

081

Hettle

States that he thought that it had been approved in MLAC, but he found out today that there are some reservations.

088

Chair Brown

Closes the public hearing on HB 2294 and opens the work session on HB 2717.

HB 2717 – PUBLIC HEARING

092

Janet Adkins

Committee Administrator.  Explains HB 2717 and mentions the -4 amendments (EXHIBIT F)

112

Shawn Miller

Liberty Northwest.  Speaks in support of HB 2717 and the -4 amendments.  States that HB 2717 and the -4 amendments have been approved by the Management-Labor Advisory Committee (MLAC).

121

Chuck Lundeen

Vice-President and General Counsel, Liberty Northwest.  Speaks in support of HB 2717.  States that currently 500 cases are waiting for hearings and employers can wait up to a year for a hearing.  Explains how this creates problems and ties up economic resources.  Notes that HB 2717 will correct this problem by putting 120 day limit on the postponement of hearings.  References the -4 amendments and multi-party hearings.  Mentions the concern about the ten day notice provision and that the notice time is currently too short of a time period for notification.  Says the -4 amendments will create a 60 day notice provision.

193

Rep. Esquivel

Asks if the notice is on or before 60 days.

198

Lundeen

Says that someone has to appeal within 90 days, but that a notice has to come out within 60 days.

203

Randy Elmer

Attorney, Salem and the Oregon Trial Lawyers Association.  Submits written testimony in support of HB 2717 with the -4 amendments (EXHIBIT H).  Says that HB 2717 and the -4 amendments solve many of the current problems in the workers’ compensation claims process.

230

Rep. Schaufler

Asks if the agency will have to add two administrative law judges and if those judges receive funding from the General Fund.

234

Maureen Brock

Chair, Workers’ Compensation Board.  Submits written testimony for HB 2717 (EXHIBIT G).  States that the funding source comes from the Premium Assessment Operating Account.   

254

Chair Brown

Closes the public hearing on HB 2717 and opens the work session on HB 2717.

HB 2717 – WORK SESSION

258

Rep. Esquivel

MOTION:  Moves to ADOPT HB 2717-4 amendments dated 03/29/05.

262

 

VOTE:  5-0-2

EXCUSED:  2 - Gilman, Kitts

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

264

Rep. Esquivel

MOTION:  Moves HB 2717 to the floor with a DO PASS AS AMENDED recommendation.

270

 

VOTE:  5-0-2

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

EXCUSED:  2 - Gilman, Kitts

 

Chair Brown

The motion CARRIES.

REP. ESQUIVEL will lead discussion on the floor.

NOTE: See tape 73 B, page seven of this tape log, for Rep. Kitts’ vote.

378

Chair Brown

Closes the work session on HB 2717 and opens the public hearing on HB 3015.

HB 3015 – PUBLIC HEARING

280

Janet Adkins

Committee Administrator.  Explains HB 3015.  Submits the -1 amendments (EXHIBIT I)

299

Rob Douglas

Diageo.  States that HB 3015 would conform state standards for malt beverages to federal standards.  Speaks in support of HB 3015.

307

Paul Romain

Attorney, Portland and the Oregon Beer and Wine Distributors Association.  Speaks in support of HB 3015.  States that HB 3015 would parallel other states’ treatment of malt beverages.  Says that most of the alcohol comes from distilled spirits.  Explains that a malt beverage cannot be sold in Oregon if above 1 percent comes from something other than the fermentation of grains. 

353

Romain

Explains the -1 amendments (EXHIBIT I)

384

Rep. Schaufler

Asks why it may have a revenue impact.

389

Romain

Says that it probably will not have a revenue impact because the products are already sold in Oregon.

397

Rep. Schaufler

Asks if we are increasing any revenue rates for any products.

403

Romain

States that HB 3015 does not increase the tax burden on anyone.

404

Chair Brown

Asks where the malt products are sold.

406

Douglas

Says that it is sold in grocery stores.

407

Romain

States that it is sold in both grocery stores and liquor stores.

417

Chair Brown

Asks if any liquor that has more than 14 percent alcohol is sold in a liquor store.

419

Romain

Notes that it depends on the source of the alcohol.  Says that, if alcohol is created through the fermentation of grain or wine, it can be sold in a grocery store, and if the alcohol is obtained through distillation, it is sold in the liquor store.

430

Chair Brown

Asks where alcohol is sold has anything to do with the amount of alcohol in the beverage.

TAPE 73, B

001

Romain

Talks about how alcohol percentages affect the flavor.

025

Chair Brown

Closes the public hearing on HB 3015 and opens the work session on HB 3015.

HB 3015 – WORK SESSION

027

Rep. Kitts

MOTION:  Moves to ADOPT HB 3015-1 amendments dated 03/28/05.

030

 

VOTE:  6-0-1

EXCUSED:  1 – Gilman

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

031

Rep. Kitts

MOTION:  Moves HB 3015 to the floor with a DO PASS AS AMENDED recommendation.

034

 

VOTE:  6-0-1

EXCUSED:  1 – Gilman

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

REP. SHIELDS will lead discussion on the floor.

043

Chair Brown

Closes the work session on HB 3015 and opens the work session on HB 2717 for the purpose of allowing Rep. Kitts to vote.

HB 2717 – WORK SESSION

042

Rep. Schaufler

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KITTS to BE RECORDED as voting AYE on the motion to move HB 2717 to the floor with a DO PASS AS AMENDED recommendation.

046

 

VOTE:  6-0-1

EXCUSED:  1 - Gilman

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

NOTE: See tape 74 A, page six of this tape log, for the original vote.

053

Chair Brown

Closes the work session on HB 2717 for the purpose of allowing Rep. Kitts to vote.  Adjourns the meeting at 9:14 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3440, -1 amendments, staff, 2 pp
  2. HB 2604, -2 amendments, staff, 2 pp
  3. HB 2096, -1 amendments, staff, 14 pp
  4. HB 2096, written testimony of Scott Taylor, Brian Demarco, 7 pp
  5. HB 2294, written testimony of Christopher Moore, Thad Hettle, 3 pp
  6. HB 2717, -4 amendments, staff, 1 p
  7. HB 2717, written testimony, Maureen Brock, 2 pp
  8. HB 2717, written testimony, Randy Elmer, 3 pp
  9. HB 3015, -1 amendments, staff, 1 p
  10. HB 2056, -2 amendments, staff, 3 pp
  11. HB 2604, -1 amendments, staff, 1 p