HOUSE COMMITTEE ON
BUSINESS, LABOR, AND CONSUMER AFFAIRS
May 13, 2005 Hearing Room B
8:00 A.M. Tapes 126 - 127
Corrected 09/30/05
MEMBERS PRESENT: Rep. Alan Brown, Chair
Rep. Sal Esquivel, Vice-Chair
Rep. Mike Schaufler, Vice-Chair
Rep. Paul Holvey
Rep. George Gilman
Rep. Chip Shields
MEMBERS EXCUSED: Rep. Derrick Kitts
STAFF PRESENT: Janet Adkins, Committee Administrator
Katie Howard, Committee Assistant
MEASURES/ISSUES HEARD:
HB 3363 – Work Session
SB 563A – Work Session
SB 136 – Public Hearing and Work Session
SB 137 – Public Hearing and Work Session
SB 576A – Public Hearing and Work Session
SB 837A – Public Hearing and Work Session
SB 83 – Public Hearing and Work Session
SB 574A – 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 126, A |
||
003 |
Chair Brown |
Calls the meeting to order at 8:05 a.m. Opens the work session on HB 3363. |
HB 3363 – WORK SESSION |
||
008 |
Janet Adkins |
Committee Administrator. Explains HB 3363 and submits the -3 amendments (EXHIBIT A). |
028 |
Rep. Schaufler |
MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3363. |
037 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. |
050 |
Rep. Schaufler |
MOTION: Moves to RECONSIDER the vote by which HB 3363 was moved with a DO PASS AS AMENDED recommendation and REFERRED to the committee on Ways and Means. |
053 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
055 |
Rep. Schaufler |
MOTION: Moves to ADOPT HB 3363-3 amendments dated 05/11/05 and REMOVE HB 3363-1 amendments dated 05/06/05. |
058 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
061 |
Rep. Schaufler |
MOTION: Moves HB 3363 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED. |
065 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. REP. DINGFELDER will lead discussion on the floor. |
078 |
Chair Brown |
Closes the work session on HB 3363. Opens the work session on SB 563 A. |
SB 563A – WORK SESSION |
||
082 |
Janet Adkins |
Committee Administrator. Explains SB 563 A. |
094 |
Rep. Esquivel |
MOTION: Moves SB 563A to the floor with a DO PASS recommendation. |
096 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. |
103 |
Rep. Esquivel |
MOTION: Moves SB 563A be placed on the CONSENT CALENDAR. |
105 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
108 |
Chair Brown |
Closes the work session on SB 563A. Opens the public hearing on SB 136. |
SB 136 - PUBLIC HEARING |
||
111 |
Janet Adkins |
Committee Administrator. Explains SB 136. |
119 |
Marc Zolton |
Bureau of Labor and Industries. Submits written testimony on behalf of Dan Gardner in support of SB 136 (EXHIBIT B). Talks about flaggers that were not covered under the Davis-Bacon Act in 1995. States that the changes are merely technical to clean up language about flaggers that was created in the 1990s. |
132 |
Rep. Shields |
Asks what happens if the federal government decides not to cover flaggers under the Davis-Bacon Act in the future. |
133 |
Zolton |
Believes that the federal government will most likely continue to cover flaggers and states that if they do not it would be the prerogative of the Legislature to address it at that time. |
142 |
Chair Brown |
Closes the public hearing on SB 136 and opens the work session on SB 136. |
SB 136 – WORK SESSION |
||
145 |
Rep. Schaufler |
MOTION: Moves SB 136 to the floor with a DO PASS recommendation. |
147 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. |
155 |
Rep. Schaufler |
MOTION: Moves SB 136 be placed on the CONSENT CALENDAR. |
156 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
160 |
Chair Brown |
Closes the work session on SB 136. Opens the public hearing on SB 137. |
SB 137 – PUBLIC HEARING |
||
161 |
Marc Zolton |
Bureau of Labor and Industries. Submits written testimony on behalf of Dan Gardner in support of SB 137 (EXHIBIT C). Says that SB 137 is a minor housekeeping bill. Explains that it allows minors to take their lunches at a time other than noon. |
172 |
Rep. Schaufler |
Speaks in support of SB 137. |
175 |
Chair Brown |
Closes the public hearing on SB 137. Opens the public hearing on SB 137. |
SB 137 – WORK SESSION |
||
178 |
Rep. Esquivel |
MOTION: Moves SB 137 to the floor with a DO PASS recommendation. |
180 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. |
186 |
Rep. Schaufler |
MOTION: Moves SB 137 be placed on the CONSENT CALENDAR. |
188 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
191 |
Chair Brown |
Closes the work session on SB 137. Opens the public hearing on SB 576A. |
SB 576A – PUBLIC HEARING |
||
195 |
Janet Adkins |
Committee Administrator. Explains SB 576A. Submits written testimony on behalf of Rep. Debi Farr in support of SB 576A (EXHIBIT D). |
220 |
Martin Taylor |
Oregon Nurses Association. Speaks in support of SB 576A. Talks about how parents need a note from a physician under current law if their child has been sick more than three days. Notes that SB 576A would allow a school nurse to write a note for the parent’s employer. |
268 |
Rep. Schaufler |
Asks if a dentist will be able to write a note for a person experiencing back pain. |
272 |
Taylor |
States that a dentist could not write the note. |
275 |
Rep. Holvey |
Asks about the treatment of employees through spiritual means. |
277 |
Taylor |
States that he is unqualified to answer the question and notes that it is a pre-existing statute. |
284 |
Chair Brown |
Closes the public hearing on SB 576A. Opens the work session on SB 576A. |
SB 576A – WORK SESSION |
||
295 |
Rep. Esquivel |
MOTION: Moves SB 576A to the floor with a DO PASS recommendation. |
300 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kitts |
|
Chair Brown |
The motion CARRIES. |
208 |
Rep. Schaufler |
MOTION: Moves SB 576A be placed on the CONSENT CALENDAR. |
315 |
|
VOTE: 6-0-1 EXCUSED: 1 - Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
318 |
Chair Brown |
Closes the work session on SB 576A and opens the public hearing on SB 837A. |
SB 837A – PUBLIC HEARING |
||
322 |
Janet Adkins |
Committee Administrator. Explains SB 837A. |
345 |
Hasina E. Squires |
Special Districts Association of Oregon. Submits written testimony in support of SB 837A (EXHIBIT E). States that SB 837A creates minimum standards for operating a self-insured public pool. |
365 |
Frank Stratton |
Underwriting Manager, Special Districts Association of Oregon. States that self-insured public pools help people save money. Believes that SB 837A will help create transparency and standards for the industry. |
415 |
Rep. Schaufler |
Asks what the minimum financial requirements are for Damascus. |
TAPE 127, A |
||
001 |
Stratton |
States that once the assets are attributed to the pool, the city of Damascus needs to have a financial audit by an outside auditor annually. States that an actuary would also be required to look at the fund. Indicates that other controls exist as well. |
010 |
Rep. Schaufler |
Asks if anyone is currently making undisclosed commissions. |
014 |
Stratton |
Talks about a broker in Washington that is trying to come into the state. Says St. Paul Insurance Company controls the program. |
028 |
Chair Brown |
Closes the public hearing on SB 837A. Opens the work session on SB 837A. |
SB 837A – WORK SESSION |
||
030 |
Rep. Schaufler |
MOTION: Moves SB 837A to the floor with a DO PASS recommendation. |
032 |
|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
The motion CARRIES. |
040 |
Rep. Schaufler |
MOTION: Moves SB 837A be placed on the CONSENT CALENDAR. |
042 |
|
VOTE: 5-0-2 EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
043 |
Chair Brown |
Closes the work session on SB 837A. Opens the public hearing on SB 83. |
SB 83 – PUBLIC HEARING |
||
044 |
Janet Adkins |
Committee Administrator. Explains SB 83. |
063 |
Stuart Albright |
President, Oregon State Board of Examiners. Speaks in support of SB 83. States that they are trying to help small essential buildings in rural communities that are currently required to be designed by structural engineers. Says that a structural engineer is not necessary and SB 83 will waive the requirement. |
080 |
Chair Brown |
Closes the public hearing on SB 83. Opens the work session on SB 83. |
SB 83 – WORK SESSION |
||
083 |
Rep. Schaufler |
MOTION: Moves SB 83 to the floor with a DO PASS recommendation. |
086 |
|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
The motion CARRIES. |
090 |
Rep. Schaufler |
MOTION: Moves SB 83 be placed on the CONSENT CALENDAR. |
093 |
|
VOTE: 5-0-2 EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
096 |
Chair Brown |
Closes the work session on SB 83. Opens the public hearing on SB 574A. |
SB 574A – PUBLIC HEARING |
||
099 |
Chair Brown |
Moves to a recess at 8:40 a.m. Calls the meeting to order at 8:49 a.m. |
103 |
Janet Adkins |
Committee Administrator. Explains SB 574A. |
125 |
Rep. Schaufler |
States that he believes SB 574A will help the consumer. Notes that no one is at the public hearing testifying in opposition to SB 574A. |
129 |
Chair Brown |
Closes the public hearing and opens the work session on SB 574A. |
|
||
SB 574A – WORK SESSION |
||
130 |
Rep. Schaufler |
MOTION: Moves SB 574A to the floor with a DO PASS recommendation. |
133 |
|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
The motion CARRIES. |
139 |
Rep. Schaufler |
MOTION: Moves SB 574A be placed on the CONSENT CALENDAR. |
141 |
|
VOTE: 5-0-2 EXCUSED: 2 - Esquivel, Kitts |
|
Chair Brown |
Hearing no objection, declares the motion CARRIED. |
146 |
Chair Brown |
Closes the work session on SB 574A and adjourns the meeting at 8:53 a.m. |
EXHIBIT SUMMARY