HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

April 01, 2005 Hearing Room B

9:00 A.M. Tapes  75 - 76

 

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 3305 – Public Hearing and Work Session

HB 2189 – Work Session

HB 3206 – Public Hearing and Work Session

HB 2465 – 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 75, A

003

Chair Brown

Calls the meeting to order at 9:05 a.m. Opens the public hearing on HB 3305.

HB 3305 – PUBLIC HEARING

006

Janet Adkins

Committee Administrator.  Explains HB 3305.  Explains the -1 and the fiscal statement (EXHIBIT A and B)

028

Rep. Donna Nelson

House District 24.  Submits and reads from written testimony in support of HB 3305 (EXHIBIT C).  Emphasizes that HB 3305 helps American troops. Talks about the need to expedite HB 3305. 

087

Rep. Nelson

Talks about the time when she utilized Unemployment Insurance.  Urges the committee to pass HB 3305.

108

Rep. Schaufler

Wants to add that troops can go to union halls to get living wage jobs.

117

Rep. John Dallum

House District 59.  Speaks in support of HB 3305.  Notes the importance of creating jobs for Oregonians.  Talks about the difficulty finding employment in House District 59.  States that Grant County has double digit unemployment. 

143

Rep. Kevin Cameron

House District 19.  Speaks in support of HB 3305.  Talks about how the business climate has been difficult in Oregon.  Mentions the struggle employers face when they have to layoff workers.  Asserts that Unemployment Insurance is a trust fund that is meant to be used during times of economic downturn and keeps balance within the system. 

192

Chair Brown

Praises the management of Unemployment Insurance Trust Fund.  Speaks in support of HB 3305.

221

Rep. Brian Boquist

House District 23.  Speaks in support of HB 3305.  Submits letter to the governor urging his support for HB 3305 (EXHIBIT D).  Mentions that he is in the military.  Talks about how the governor is in support of increasing benefits for people in the military.  Believes that HB 3305 is the quickest way to get unemployment benefits to troops.  

268

Steve Lanning

Oregon AFL-CIO.  Submits written testimony on the behalf of Tim Nesbitt (EXHIBIT E).  Speaks in support of HB 3305.

285

Bob Shiprack

Oregon State Building and Construction Trades Council.  Speaks in support of HB 3305.  Says that March had the lowest job growth rate in eight months.  Talks about how returning veterans have been taken into trade programs.   

318

Tamara Brickman

Employment Department.  Introduces Tom Byerley.

326

Tom Byerley

Employment Department.  Takes a neutral position on HB 3305.  Talks about how two claims people from the Unemployment Division helped sign up returning military personnel for unemployment benefits.  Explains how unemployment benefits are calculated.

356

Rep. Schaufler

Asks about the logistical reasons for the -1 amendments (EXHIBIT A).

361

Byerley

Talks about the mailings that need to be done for HB 3305. 

383

Brickland

Explains that retroactive benefits are extremely difficult to accomplish because of eligibility requirements.

402

Rep. Holvey

Asks if the Unemployment Insurance Trust Fund will stay solvent if HB 3305 is passed.

413

Byerley

States that HB 3305 on its own will not jeopardize the tax rate for the Unemployment Insurance Trust Fund.

417

Rep. Holvey

Asks if other bills will affect the tax rate for unemployment insurance.

421

Byerley

Indicates that at this time the Employment Department does not anticipate any bills that would jeopardize the Unemployment Insurance Trust Fund.

TAPE 76, A

006

Sen. Peter Courtney

President, Oregon Senate.  Senate District 11.  Submits written testimony in support of HB 3305 (EXHIBIT F).  Thanks Rep. Nelson for introducing HB 3305.  States that HB 3305 is similar to the one that is going to be introduced in the Senate.  Emphasizes his alarm that so many returning American troops are unemployed.  Urges support of HB 3305. 

053

Chair Brown

Talks about being with the National Guard troops when they returned to Oregon. 

059

Sen. Courtney

Talks about how he has talked with Col. Mike Caldwell and that 40 percent of returning troops did not have jobs.  Mentions that ten percent of the unemployed troops had jobs before they left.

071

Chair Brown

Closes the public hearing on HB 3305 and opens the work session on HB 3305.

HB 3305 – WORK SESSION

073

Rep. Kitts

MOTION:  Moves to ADOPT HB 3305-1 amendments dated 03/31/05.

077

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

078

Rep. Kitts

MOTION:  Moves the SUBSEQUENT REFERRAL on HB 3305 to the committee on Ways and Means BE RESCINDED.

082

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

086

Rep. Kitts

MOTION:  Moves HB 3305 to the floor with a DO PASS AS AMENDED recommendation.

089

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

REP. NELSON will lead discussion on the floor.

096

Chair Brown

Closes the work session on HB 3305 and opens the work session on HB 2189.

HB 2189 – WORK SESSION

098

Janet Adkins

Committee Administrator.  Explains HB 2189.  Mentions the -1 amendments (EXHIBIT G)

125

Chair Brown

Asks if there was any testimony in opposition to HB 2189 and the -1 amendments.

127

Adkins

Responds that no testimony was given in opposition.

129

Rep. Kitts

MOTION:  Moves to ADOPT HB 2189-1 amendments dated 03/31/05.

132

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

133

Rep. Kitts

MOTION:  Moves HB 2189 to the floor with a DO PASS AS AMENDED recommendation.

136

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

142

Rep. Kitts

MOTION:  Moves HB 2189 be placed on the CONSENT CALENDAR.

144

 

VOTE:  6-0-1

EXCUSED:  1 - Schaufler

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

150

Chair Brown

Closes the work session on HB 2189 and opens the public hearing on HB 3206

HB 3206 – PUBLIC HEARING

152

Janet Adkins

Committee Administrator.  Explains HB 3206. 

165

Jessica Adamson

Associated General Contractors.  Submits informational packets about Milstead & Associates, Inc and Construction Services Group (EXHIBIT H and I).  Talks about how a public agency in the state of Washington is taking away jobs from Oregonians.  Says that this agency does not have to deal with the same overhead as companies in Oregon and that makes competition unfair for Oregon companies. 

190

Jerry Milstead

Associated General Contractors.  Elaborates about a situation where a company that is subsidized in Washington competed for a public works contract.  References the Sweet Home School District Proposal (EXHIBIT I).  Notes that the company from Washington takes school bond money back to the state of Washington to help with their costs. 

229

Adamson

Talks about the Washington group’s success in acquiring other construction contracts in the state (EXHIBIT I).  Notes that HB 3206 is very specific.

244

Ed Glad

Pacific Northwest Regional Council of Carpenters.  Speaks in support of HB 3206.   

258

Rep. Shields

Asks if the Education Service District (ESD) from Washington is using any workers with disabilities or who are in recovery.

263

Glad

States that the construction management operation coordinates the various contractors that will come onsite to do work.  Says that the ESD was targeting smaller jobs.

280

Adamson

States that the Washington ESD is not specifically using people who are in recovery or have other disabilities.

286

Rep. Holvey

Asks if there are similar problems with instate ESDs and asks if there is any data about whether ESD construction groups are saving money for the state.

296

Milstead

States that their fee is similar to the private rates and concludes that they are not saving money for school districts. 

322

Adamson

Says that she does not have data on all of the programs and that the skill set is different for maintenance than for construction and renovation work. 

353

Milstead

States that out of state groups will not understand the intricacies of the law surrounding public contracts.  States that meeting minutes exist which demonstrate the company gave bad advice to the school district. 

384

Rep. Holvey

Says that he encountered a similar situation with a school district that decided to act as its own general manager, and since they were not familiar with the laws surrounding public contracts and the nature of the construction industry, the school district got into trouble.  States that he is interested in legislation that would curtail these situations.

410

Bob Shiprack

Oregon Building Trades Council.  Speaks in support of HB 3206.  

TAPE 75, B

001

Shiprack

Talks about how the wage rates were incorrect on a particular project and offers to supply the information for the committee.  Hopes HB 3206 will stop the situation from happening again.  States that the given contracts were no bid contracts.

016

Chair Brown

Closes the public hearing on HB 3206. 

020

Janet Adkins

Committee Administrator.  Points out that it does cover public works contracts and contracts for personal services.

024

Chair Brown

Opens the work session on HB 3206.

HB 3206 – WORK SESSION

026

Rep. Esquivel

MOTION:  Moves HB 3206 to the floor with a DO PASS recommendation.

033

 

VOTE:  6-0-1

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

EXCUSED:  1 - Kitts

 

Chair Brown

The motion CARRIES.

REP. ESQUIVEL will lead discussion on the floor.

036

Chair Brown

Closes the work session on HB 3206.  Opens the public hearing on HB 2465.

HB 2465 – PUBLIC HEARING

039

Janet Adkins

Committee Administrator.  Explains HB 2465.

047

Lara Smith

Oregon Association of Process Servers.  Speaks in support of HB 2465.

050

Aaron Crowe

Oregon Association of Process Servers.  Speaks in support of HB 2465.  States that process servers are feeling the strain of increasing gas prices.  Notes that process servers are tied to the fee that is set by the sheriff’s office.  Believes that the sheriff’s fee is heavily subsidized.  Notes that the sheriffs’ offices in California have stopped their process server program, because they cannot afford it.  Wants the free market to control the cost in areas where the population is over 100,000 in a county. 

098

Crowe

States that the program has worked very well in California.  Offers to answer questions.

106

Jim Markee

Oregon Collectors Association.  Speaks in opposition to HB 2465.  States that this issue has been around for many years.  Wants to keep the sheriffs’ fees close to the private market.  States that the current system works well.   

168

Markee

Says that private process servers can charge whatever they want.  Offers to answer questions.

174

John Powell

Oregon Sheriffs Association.  Speaks in opposition to HB 2465.  Believes that it would be unwise due to safety reasons to eliminate sheriffs from the process servers’ business.  Says that the association believed that an agreement had been reached last session.

193

Rep. Holvey

Asks if the Sheriffs Association has any figures about the cost of serving the papers for individual sheriffs’ offices.

195

Powell

Offers to get the information for Rep. Holvey.

204

Rep. Esquivel

States that in Jackson County it is in the county charter and it is the duty of the sheriff to perform process serving duties.

210

Markee

Talks about how people are paying less than the $28 fee. 

234

Rep. Esquivel

Closes the public hearing on HB 2465 and adjourns the meeting at 10:20 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3305, -1 amendments, staff, 3 pp
  2. HB 3305, fiscal statement, staff, 1 p
  3. HB 3305, written testimony, Rep. Donna Nelson, 1 p
  4. HB 3305, letter, Rep. Brian Boquist, 1 p
  5. HB 3305, written testimony of Tim Nesbitt, Steve Lanning, 1 p
  6. HB 3305, written testimony, Sen. Peter Courtney, 1 p
  7. HB 2184, -1 amendments, staff, 3 pp
  8. HB 3206, informational packet, Jessica Adamson, 16 pp