HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

April 13, 2005 Hearing Room B

9:00 A.M.  Tapes 87 - 89

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 2717 – Work Session

HB 3273 – Public Hearing and Work Session

                                                HB 3016 – Public Hearing and Work Session

                                                HB 3304 – Public Hearing and Work Session

                                                HB 3356 – Public Hearing

                                                HB 3092 – Public Hearing

                                                HB 3094 – 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 87, A

003

Chair Brown

Calls the meeting to order at 8:37 a.m.  Opens work session on HB 2717.

HB 2717 – WORK SESSION

006

Janet Adkins

Committee Administrator.  Explains HB 2717.  References the fiscal impact statement (EXHIBIT A)

035

Rep. Shaufler

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

038

 

VOTE:  5-0-2

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

EXCUSED:  2 - Esquivel, Kitts

(Note: See Tape 87, A at 220 and page 3 of these minutes for Rep. Esquivel and Rep. Kitts’ votes.)

 

Chair Brown

The motion CARRIES.

REP. HOLVEY will lead discussion on the floor.

044

Chair Brown

Closes work session on HB 2717 and opens public hearing on HB 3273.

HB 3273 – PUBLIC HEARING

047

Janet Adkins

Committee Administrator.  Explains HB 3273.  Submits the -1 amendments (EXHIBIT B).

070

Jerod Broadfoot

Plumbing and Mechanical Contractors Association.  Wants to amend the period in which a person can reapply for a plumbing or mechanical license.  States that there is no known opposition to HB 3273.

093

Rep. Holvey

States that it appears that the medical gas installation provisions are being repealed.

096

Broadfoot

Defers to Mark Long.  Believes it is a technical change.

101

Mark Long

Building Codes Division.  Explains the repealed section.  Asks if that explanation helps.

112

Rep. Holvey

Replies yes.

113

Broadfoot

Comments on the repealed section.

120

Rep. Gilman

States that his amendments say 3272.  Verifies that they should be 3273.

123

Adkins

States that these are the wrong amendments.  Advises Chair Brown to hold HB 3273.

134

Chair Brown

Recesses public hearing on HB 3273 and opens public hearing on HB 3016.

HB 3016 – PUBLIC HEARING

145

Janet Adkins

Committee Administrator.  Gives overview of HB 3016.

169

Jerod Broadfoot

Plumbing and Mechanical Contractors Association.  States that there are no amendments to HB 3016.  Explains HB 3016.

180

Rep. Schaulfer

Verifies that this is not an encouragement to raise fees.

181

Broadfoot

Confirms this and clarifies.

194

Bill Cross

Oregon Building Officials Association.  Speaks in support of HB 3016.

203

Chair Brown

Closes public hearing on HB 3016 and opens work session on HB 3016.

HB 3016 – WORK SESSION

205

Rep. Gilman

MOTION:  Moves HB 3016 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

210

Rep. Gilman

MOTION:  Moves HB 3016 be placed on the CONSENT CALENDAR.

211

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

215

Chair Brown

Asks if the amendments for HB 3273 are ready.

216

Janet Adkins

Committee Administrator.  Replies that they are not ready yet.

217

Chair Brown

Closes work session on HB 3016 and re-opens work session on HB 2717.

HB 2717 – WORK SESSION

219

Rep. Schaufler

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

220

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

222

 

VOTE:  7-0-0

(Note: See Tape 87, A at 038 and page 1 of these minutes for the original vote.)

223

Chair Brown

Closes work session on HB 2717 and opens public hearing on HB 3304.

HB 3304 – PUBLIC HEARING

230

Janet Adkins

Committee Administrator.  Explains HB 3304.  Submits and explains the -1 amendments (EXHIBIT D) and the -2 amendments (EXHIBIT E).

269

Jerod Broadfoot

National Electrical Contractors Association.  Speaks in support of HB 3304.  Supports the -1 and the -2 amendments.

289

Greg Miller

Associated General Contractors.  Speaks in support of HB 3304.

300

Mark Landauer

Office of Government Relations, City of Portland.  Introduces Hank McDonald.  Submits written testimony in support of HB 3304 (EXHIBIT F).

307

Hank McDonald

City Business Official, Bureau of Development Services, City of Portland.  Submits and summarizes written testimony in support of HB 3304 (EXHIBIT G).

376

McDonald

Explains the -2 amendments.

380

McDonald

Explains the -1 amendments.

390

Rep. Holvey

Says that inspection programs have not been mentioned, yet it is a part of HB 3304. Asks witness about alternate inspection programs.

405

McDonald

Replies they have some programs that are addressing inspection. Discusses the inspection process.  Discusses consistency.

419

Rep. Holvey

Asks if the alternate programs would apply to all contractors evenly.

TAPE 88, A

001

McDonald

Says that the alternate programs are voluntary.  States that the inspections are the same regardless of the type of program.  Discusses requirements for an inspection.  Explains the basic program and the alternate program.

012

Rep. Holvey

Verifies that everyone is going to go through the same inspections given the type of work they are doing.

015

McDonald

Confirms this.  States that this is a basic requirement of state statute and they will continue to do it.

021

Bill Cross

Oregon Building Officials Association, Building Owners and Managers Association and the League of Oregon Cities.  Speaks in support of HB 3304 with the -1 and -2 amendments.   

042

Steven Kafoury

Oregon Remodelers Association. Talks about the advances that the City of Portland has made in streamlining the building permit process. Speaks in support of HB 3304.

055

Chair Brown

Closes public hearing on HB 3304 and opens work session on HB 3304.

HB 3304 – WORK SESSION

060

Rep. Esquivel

Requests information from the City of Portland.

064

Chair Brown

States that representatives from the City of Portland are nodding their heads.

065

Rep. Esquivel

MOTION:  Moves to ADOPT HB 3304-1 amendments dated 04/11/05.

066

 

VOTE:  6-0-1

EXCUSED:  1 - Kitts

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

067

Rep. Esquivel

MOTION:  Moves to ADOPT HB 3304-2 amendments dated 04/11/05.

068

Janet Adkins

Committee Administrator.  States that Legislative Counsel (LC) reports that it will not create a conflict to combine the -1 and the -2 amendments.

069

 

VOTE:  6-0-1

EXCUSED:  1 - Kitts

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

070

Rep. Esquivel

MOTION:  Moves HB 3304 to the floor with a DO PASS AS AMENDED recommendation.

071

 

VOTE:  6-0-1

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

EXCUSED:  1 - Kitts

 

Chair Brown

The motion CARRIES.

REP. SCHAUFLER will lead discussion on the floor.

090

Chair Brown

Closes work session on HB 3304 and opens work session on HB 3273.

HB 3273 – WORK SESSION

090

Janet Adkins

Committee Administrator. Explains the -1 amendments to HB 3273.

095

Jerod Broadfoot

Plumbing and Mechanical Contractors Association.  Responds to Rep. Holvey’s earlier question about the repeal of the medical gas installation provisions in the -1 amendments.  Talks about the technical need for the change to the amendment.

105

Rep. Esquivel

MOTION:  Moves to ADOPT HB 3273-1 amendments dated 04/06/05.

106

 

VOTE:  6-0-1

EXCUSED:  1 – Kitts

 

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

107

Rep. Esquivel

MOTION:  Moves HB 3273 to the floor with a DO PASS AS AMENDED recommendation.

108

 

VOTE:  6-0-1

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

EXCUSED:  1 – Kitts

(Note: See Tape 89, A at 185 and page 8 of these minutes for Rep. Kitts’ vote.)

 

Chair Brown

The motion CARRIES.

REP. GILMAN will lead discussion on the floor.

115

Chair Brown

Closes work session on HB 3304 and opens public hearing on HB 3356.

HB 3356 – PUBLIC HEARING

116

Janet Adkins

Committee Administrator. States that HB 3356 was sponsored by Rep. Tom Butler. Gives overview of HB 3356. Submits and explains the -1 amendments (EXHIBIT H) and the -2 amendments (EXHIBIT I).

150

Jon Stubenvoll

Communications Director, Oregon Liquor Control Commission. Submits written testimony of Dan Floyd (EXHIBIT J).  Gives background information on HB 3356 as originally drafted.  Discusses the Responsible Vendor Program.

180

Stubenvoll

Explains the -2 amendments.

188

Rep. Gilman

Asks Mr. Stubenvoll to go through his testimony again.

190

Stubenvoll

Discusses the effect of the -2 amendments.

207

Rep. Gary Hansen

Represents House District 44. Speaks in opposition to the -1 amendments.  Discusses:

  • Alcohol impact areas
  • Juvenile drinking in relation to street drinking
  • Street drinking in Saint Johns, Oregon and impact of the exemptions made by the Responsible Vendors Program (RVP)

States that he has no opposition to the remainder of the bill.   

277

Chair Brown

Asks if Rep. Hansen supports the -2 amendments.  Verifies that he is in opposition to the -1 amendments.

280

Rep. Hansen

States that he is in opposition to the amendments brought forth by the Grocer’s Association.  Reads portion of the amendments which he is opposed to.

287

Rep. Schaufler

Asks about the connection between a vendor in the RVP and people in the street who are not being responsible.

297

Rep. Hansen

States that it is legal to sell alcohol to an adult and it is difficult to know if a person is going to drink responsibly.  Remarks that sales of certain types of alcohol can be restricted in an alcohol impact area and gives examples.  Remarks that does not reflect on how well they are able to keep alcohol out of the hands of minors.

317

Rep.  Schaufler

Verifies that the -1 amendments would allow vendors to sell certain kinds of alcohol and currently they are not able to.

319

Rep. Hansen

Responds.

334

Rep. Tom Butler

Represents House District 60.  Speaks in support of HB 3356.  Talks about the history of the RVP.  Notes the requirements to enter the RVP and the continuing education requirements.  Mentions the benefits of the RVP and how the employees are trained by vendors in the RVP.    

394

Rep. Butler

Talks about technology that helps ensure that alcohol is being sold only to those over the age of 21.  Believes that HB 3356 can be made to include possible exemptions for the alcohol impact zones. 

TAPE 87, B

004

Rep. Butler

Talks about the RVP.  Encourages committee to work with the Oregon Grocery Association.   

015

Rep. Schaufler

Asks if Rep. Butler is in support of allowing the city to have alcohol impact areas combined with the RVP.

021

Rep. Butler

Says that he would be supportive of a discussion that would allow the RVP to administer a program that would be responsive to the needs of every community.  Shares the concern that businesses that have participated in the RVP will lose their ability to be a part of the program.

035

Joe Gilliam

Director, Oregon Grocers Association.  Submits written testimony in support of HB 3356 (EXHIBIT K).  States that the -1 amendments were not requested by the Oregon Grocer’s Association.  Discusses the RVP.  Discusses submitted testimony.

114

Rep. Schaufler

Asks if members of the RVP would be willing to restrict sales on certain types of alcohol in alcohol impact areas.  Talks about living in northwest Portland.

122

Gilliam

Discusses position of members of the RVP.  Provides examples.

146

Rep. Schaufler

Asks for witness to provide numbers and evidence of numbers of clients who are accepting these voluntary restrictions relative to those who are not.

149

Gilliam

Offers to provide the information.  Makes closing remarks.

164

Steve Lanning

Political Director, Oregon AFL-CIO. Submits written testimony (EXHIBIT L).  States support of HB 3356 as currently written with the -2 amendments.  States opposition to the -1 amendments. Discusses previous legislation on this issue (2001).  Testifies in support of HB 3356.  Discusses penalties currently in place for selling alcohol to minors.  Encourages committee to move forward with or without the -2 amendments.

210

Steve Kanopa

United Food and Commercial Workers.  Testifies in support of HB 3356. States lack of support for the -1 amendments.  Discusses sale of alcohol to minors.

225

Bill Perry

Oregon Restaurant Association.  Talks about the on premise and off premise markets. Discusses training done at restaurants for the sale of alcohol.  Discusses the RVP. 

295

Jim Hayden

Neighborhood District Attorney, Multnomah County District Attorney’s Office.

300

Cliff Madison

Commander of North Precinct, Portland Police Bureau.

310

John Laws

Investigator, City of Portland.  States opposition to the -1 amendments and gives specifics.  Says that the RVP is a great program.  References the ORS that prevents selling to visibly intoxicated individuals.  Discusses difference between street drinking and selling alcohol to minors. 

364

Laws

Talks about the types of alcohol that are marketed to people who are drinking to get intoxicated.   Says that product restrictions will work only if the vendors all restrict the product. 

416

Hayden

Speaks in opposition to HB 3356.  Talks about how the grocery industry does not want to be a part of the alcohol impact areas.  

TAPE 88, B

002

Hayden

Explains the process regarding alcohol impact area.  Wants a full public hearing with the Oregon Liquor Control Commission.  Sees the -1 amendments as a way for grocery stores to be exempt from the alcohol impact areas.  Discusses solution implemented by the Plaid Pantry.

045

Rep. Kitts

Asks how street drinkers were identified by the Plaid Pantry.

046

Hayden

Replies they did it on their own.

047

Rep. Kitts

Asks how they did it on their own.

048

Hayden

Responds.  States opposition to the -1 amendments.

068

Rep. Esquivel

Asks how large the Saint Johns Area is.

070

Hayden

Responds.

074

Rep. Esquivel

Asks if they have laws against drinking in public.

075

Hayden

Replies yes.

076

Rep. Esquivel

Asks why the solution isn’t to saturate the area with police in order to administer the law.

079

Madison

Says that the police are trying to deal with the problem, but there are not enough police.

090

Hayden

States that street drinkers do not always have open containers and indicates the problems associated with public drinkers and chronic inebriation.  Mentions similar legislation in the cities of Tacoma and Seattle.  Notes the savings to the public and the increased quality of life.  Talks about how they embrace community policing.    

123

Madison

Makes remarks about the community of Saint Johns.

131

Rep. Esquivel

Comments on laws.  Verifies that there is an ordinance in place which prohibits drunkenness in public.

133

Hayden

Replies that there is no ordinance against being drunk in public. Explains that it is only if someone is not able to care for themselves.

137

Rep Esquivel

Verifies that the witness would take a visibly drunk person to a detoxification center.

138

Hayden

States that police do only if they are in such a state that they cannot care for themselves.

139

Rep. Esquivel

Asks who determines that.

140

Madison

Replies the officer.

141

Rep. Esquivel

Verifies that witnesses are saying that they don’t have enough resources. Asks about priorities.

142

Madison

Responds.

154

Laws

Reads statistics about incidents where the police had to respond to situations where alcohol was involved.  Talks about the difficulty with transient individuals who are a part of the problem but not the only problem.  Says that the Alcohol Impact Area is the best way to respond to problems.  Talks about how other businesses in the area are suffering.

198

Chair Brown

Closes the public hearing on HB 3356.  Opens the public hearing on HB 3092.

HB 3092 – PUBLIC HEARING

206

Janet Adkins

Committee Administrator.  Explains HB 3092. 

223

JL Wilson

Oregon Association of Plumbing-Heating-Cooling Contractors, Inc.  Submits and discusses written testimony in support of HB 3092 (EXHIBIT M).

264

Jay Hansen

C.J. Hansen Co., Inc., Salem.  Speaks in support of HB 3092.  Says that time impacts the construction process.  States that HB 3092 will help the construction industry’s bottom line.

290

John Egge

Majority stock holder and CEO, plumbing firm in Metro-Portland area. Testifies in support of HB 3092.

322

Curt Cheever

Roto-Rooter.  Testifies in support of HB 3092.  Relates an anecdote.

350

Rep. Esquivel

Talks about different interpretations of the rules by engineers and architects and says that plumbing and electrical needs to be streamlined. 

374

Rep. Kitts

Makes comments.

379

Rep. Schaufler

Conveys personal story. S peaks in support of HB 3092.

TAPE 89, A

014

Rep. Holvey

References line 27 on page one of HB 3092.  Shares his concern with the language. 

045

Wilson

States willingness to work with Rep. Holvey.  Discusses changes that will be proposed.

060

Bill Cross

Oregon Building Officials Association.  Submits written testimony in opposition to HB 3092 (EXHIBIT N).  Discusses concerns with HB 3092.  States that the League of Oregon Cities is in opposition to HB 3092 as currently drafted.

149

Libby Henry

Eugene Water and Electric Board. Discusses concerns with HB 3092.  Submits and reads written testimony on behalf of Kelly S. Brooks, City of Eugene (EXHIBIT O).

172

Cross

Talks about what the code requires that are also reviewed and are city and county requirements. 

183

Chair Brown

Closes public hearing on HB 3092 and re-opens work session on HB 3273.

HB 3273 – WORK SESSION

184

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 3273 to the floor with a DO PASS AS AMENDED recommendation.

185

 

VOTE:  6-0-1

EXCUSED:  1 - Gilman

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

190

 

VOTE:  7-0-0

(Note: See Tape 88, A at 108 and page 5 of these minutes for the original vote.)

 

Chair Brown

The motion CARRIES.

REP. GILMAN will lead discussion on the floor.

200

Chair Brown

Closes work session on HB 3273 and opens public hearing on HB 3094.

HB 3094 – PUBLIC HEARING

197

Janet Adkins

Committee Administrator.  Explains HB 3094.

207

JL Wilson

Oregon Association of Plumbing-Heating-Cooling Contractors, Inc. Submits written testimony in support of HB 3094 (EXHIBIT P). Testifies in support of HB 3094.

237

John Egge

Majority stock holder and CEO, plumbing firm in Metro-Portland area.  Testifies in support of HB 3094.

280

Curt Cheever

Roto-Rooter.  Says that many three generational plumbing families cannot get their family member into the journeyman apprenticeship programs. 

305

Stephen Simms

Bureau of Labor and Industries (BOLI). Submits written testimony in opposition to HB 3094 (EXHIBIT Q).  Testifies in opposition to HB 3094. 

354

Rep. Schaufler

Asks how many family members have been denied access to apprenticeship programs.

358

Simms

Responds.

365

Chair Brown

Closes public hearing on HB 3094 and adjourns the meeting at 10:56 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2717, fiscal statement, staff, 1 p
  2. HB 3273, -1 amendments, staff, 3pp
  3. Not used
  4. HB 3304, -1 amendments, staff, 1 p
  5. HB 3304, -2 amendments, staff, 2 pp
  6. HB 3304, written testimony, Mark Landauer, 1 p
  7. HB 3304, written testimony, Hank McDonald, 3 pp
  8. HB 3356, -1 amendments, staff, 3 pp
  9. HB 3356, - 2 amendments, staff, 2 pp
  10. HB 3356, written testimony of Dan Floyd, Jon Stubenvoll, 1 p
  11. HB 3356, written testimony, Joe Gilliam, 2 pp
  12. HB 3356, written testimony, Steve Lanning, 35 pp
  13. HB 3092, written testimony, JL Wilson, 1 p
  14. HB 3092, written testimony, Bill Cross, 2 pp
  15. HB 3092, written testimony of Kelly S. Brooks, Libby Henry, 1 p
  16. HB 3094, written testimony, JL Wilson, 4 pp
  17. HB 3094, written testimony, Stephen Simms, 4 pp