HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

January 28, 2005   Hearing Room B

9:00 A.M. Tapes  14 - 15

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

                                                Rep. Mike Schaufler, Vice-Chair

Rep. George Gilman

Rep. Paul Holvey

Rep. Derrick Kitts

Rep. Chip Shields

 

MEMBERS EXCUSED:            Rep. Sal Esquivel, Vice-Chair

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Katie Howard, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

                                                HB 2352 – Public Hearing and Work Session                                    

                                                HB 2055 – Public Hearing and Work Session

                                                HB 2057 – Public Hearing

HB 2238 – 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 14, A

004

Chair Brown

Calls the meeting to order at 9:03 a.m.  Opens the public hearing on  HB 2352.

HB 2352 - PUBLIC HEARING

006

Janet Adkins

Committee Administrator.  Explains HB 2352.

027

Mark Long

Administrator, Buildings Codes Division.  Describes history of system that HB 2352 is amending.  Wants to keep continuing education and training approaches rather than inspections.  Speaks in support of HB 2352.

043

Patrick Allen

Manager, Office of Regulatory Streamlining.  Speaks in support of HB 2352, because it is good regulatory streamlining.

047

Rep. Shields

Asks if the HB 2352 will affect consumer safety.

048

Long

Explains that he does not believe that it will affect consumer safety.  Says that they monitor the used recreational vehicle (RV) dealers on an on-going basis and the bill will not relieve that responsibility.

057

Shawn Miller

Lobbyist, Oregon Recreational Vehicle Dealer Association.  Submits prepared testimony in support of HB 2352 (EXHIBIT C).  Feels that dealers are having more responsibilities and regulations than private sellers.  Explains HB 2352 accomplishes his goals.  Talks about sales of used RVs and sites that 75% of RV sales are through private sales which have no regulations.

079

Roger Kirschner

Citizen, Marion County.  Discusses how the service department checks the systems in the RV and the requirement for the sticker does not help RVs to remain safer.  Says there are no rampant safety problems.

102

Miller

Talks about consumer safety issues and explains Service Centers that all used RV dealers have to use before they sell the RV.  Adds that all RV dealers are licensed with the Department of Transportation. Believes that enough regulations exist to ensure that consumers are safe.  

115

Rep. Shields

Asks if there are dealers that sell only used RVs.

116

Kirschner

Affirms that some RV dealers only sell used RVs.

117

Rep. Shields

Asks if those dealers have expertise inspecting the used RVs and determining whether or not the vehicle is safe.

119

Kirschner

Reiterates that no problems have arisen to the surface.  Says that used RV dealers that intend to stay in business need to have a service department.

124

Rep. Holvey

Wants clarification on the bill in terms of what a used vehicle means and asks if a RV licensed and titled in another state is a used vehicle.

130

Kirschner

Says that it could be licensed in Oregon and still be a used vehicle.

141

Long

Explains that the bill allows them to still regulate new vehicles.  Says that it does not relieve the states responsibility to regulate used RV dealers.   Explains that the dealers are still regulated under a quality control program and that it is adequate to regulate the dealers.

166

Rep. Holvey

Expresses desire for RVs to continue to be regulated and inspected.

173

Long

Emphasizes that the dealer license requires RV inspection.

181

Chair Brown

Asks about insignias and asks about the stickers on the appliances.

184

Long

Says that the stickers on the appliances are something that the Building Codes Division has given to the dealers.  Clarifies that the insignia that HB 2352 is addressing is a regulatory sticker that is affixed to the exterior of the RV.

190

Chair Brown

Closes the public hearing on HB 2352 and opens the work session on HB 2352.

HB 2352 - WORK SESSION

200

Rep. Kitts

MOTION:  Moves HB 2352 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Rep. Esquivel

 

Chair Brown

The motion CARRIES.

211

Rep. Kitts

MOTION:  Moves HB 2352 be placed on the CONSENT CALENDAR.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Rep. Esquivel

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

219

Chair Brown

Closes the work session on HB 2352 and opens the public hearing on HB 2055.

HB 2055 - PUBLIC HEARING

221

Janet Adkins

Committee Administrator.  Explains HB 2055.

230

John Stubenvoll

Communications Director, Oregon Liquor Control Commission.  Summarizes prepared testimony in support of HB 2055 (EXHIBIT A).   Explains criminal history that would keep someone from getting an alcohol service permit.  Wants more time to start the appeals process

262

Adkins

Asks why the bill keeps the time to start the appeals process to 15 days for a person who has not completed the alcohol server education.

268

Stubenvoll

Explains that usually people who have not completed the course are only notified that they must complete the course.

280

Chair Brown

Closes the public hearing on HB 2055 and opens the work session on HB 2055.

HB 2055 - WORK SESSION

285

Rep. Kitts

MOTION:  Moves HB 2055 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Esquivel

 

Chair Brown

The motion CARRIES.

295

Rep. Kitts

MOTION:  Moves HB 2055 be placed on the CONSENT CALENDAR.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Esquivel

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

296

Chair Brown

Closes the work session on HB 2055 and opens the public hearing on HB 2057.

HB 2057 - PUBLIC HEARING

310

Janet Adkins

Committee Administrator. Explains HB 2057.

332

John Stubenvoll

Communications Director, Oregon Liquor Control Commission.  Summarizes prepared testimony in support of HB 2057 (EXHIBIT B).   Explains that the fee to serve alcohol will be changed.  Says that the average length of an event was 8.42 hours for the 2003 fiscal year.  Discusses that fact that some events are not able to have a “beer garden” and wants to give people the option through HB 2057.  Gives history of the regulating “beer gardens”.                                                                                                                                                        

399

Rep. Kitts

Asks about events lasting less than five hours and is concerned that HB 2057 raises the fees on those people.  Asks how an average is established for the event.

413

Stubenvoll

Says that less than five hours would equal five hours and between five hours and ten hours it would be ten hours.

418

Rep. Kitts

Asks clarifying question.

420

Stubenvoll

Explains that the statistic that he spoke about earlier is based on the records that the licensees submitted to them and is based on how long the event actually was.

TAPE 15, A

010

Rep. Kitts

Wants to draft some amendments to make it $25 per day to $50 per day.

0l5

Chair Brown

Says that the HB 2057 could go to Ways and Means with a recommendation and be amended there.

018

Rep. Schaufler

Requests that the fee is $25 per day.  Asks about event insurance for an event and asks if HB 2057 says they are not required to post a bond.

031

Stubenvoll

Says no requirement for event insurance for these events exists.  Believes that the intent of this part of the statute was to provide some room for fundraising opportunities for charitable organizations.

041

Rep. Schaufler

Asks if it applies to the people that were having wine every night at the senior citizens’ homes or if it applies to raffles at schools.

048

Stubenvoll

Says that it applies to the latter.

049

Rep. Holvey

Asks about the numbers for the administrative costs for issuing the licenses.

055

Stubenvoll

Replies that he does not have the information and he will get the information for Rep. Holvey.

063

Rep. Kitts

Requests that the committee stand at ease.

064

Chair Brown

Grants request.

065

Rep. Kitts

Requests that the bill be amended to read $25 per day instead of the current $50 per day.

071

Chair Brown

Says that the staff will request amendment.

074

Rep. Holvey

Reiterates that he would like to know the cost of the permit and if it is covering the cost of issuing it.

081

Chair Brown

Requests figures about cost of issuing permits from Jon Stubenvoll.  Closes the public hearing on HB 2057 and opens the public hearing on HB 2238.

HB 2238 - PUBLIC HEARING

085

Janet Adkins

Committee Administrator.  Explains the HB 2238.

097

Rep. Jerry Krummel

House District 26.  Explains further HB 2238.  Wants to see the process streamlined when establishments are applying for permits from the Oregon Liquor Control Commission (OLCC) and the Oregon Lottery. Wants the two agencies to work together.  Speaks in support of HB 2238.

150

Mark Zaiger

Owner, Ace Tavern, Washington County.  Talks about the OLCC and how his liquor sales were suspended for four days.  Feels that the lottery commission revoked his lottery contract permanently and this resulted in considerable financial hardship.  Says that he had no violations with the lottery commission and feels that there needs to be better communications.

184

Rep. Schaufler

Speaks in support of HB 2238.  Asks Mr. Zaiger if the HB 2238 would help him as a small business owner.

193

Zaiger

Says that it would streamline the process and that much of the information given to both the OLCC and the Oregon Lottery is repetitive.

200

Rep. Shields

Asks about a 30 day hearing possibility and asks if when Zaiger had a hearing if he had the option of having his hearing before another board.

208

Zaiger

Says that there is an appeals process with the OLCC.

213

Chair Brown

Asks about the OLCC license loss and if he lost the license with the Lottery Commission even after the OLCC license was reinstated.

216

Zaiger

Explains the situation and his suspension.  Says that after the four day suspension the lottery commission revoked the contract.

227

Chair Brown

Asks if the Lottery Commission reinstated the license

228

Zaiger

Says that it was reinstated in August of 2004 after resubmitting a new application.  It was permanently revoked.

235

Rep. Krummel

Says that the OLCC had exhausted their ability to fine Mr. Zaiger and then turned it over to the lottery and the lottery gave him a $100,000 plus fine for the violation of contract.  Says that the suspension of the OLCC license led to the suspension of the Lottery Commission license and explains that a de facto fine was created.  Explains that HB 2238 is pertinent to create better communication so that fines are not so “heavy handed”.

273

Rep. Schaufler

Asks Rep. Krummel to clarify what the bill is for.

282

Rep. Krummel

Says that the bill is to streamline the licensing process for the Lottery Commission and the OLCC.

285

Rep. Kitts

Asks if they are helping the two departments to work together in the licensing process.

292

Rep. Krummel

Says that they are asking the two state agencies to work together in a more streamlined way.  Explains that it is a precursor for people to apply online.

310

Chair Brown

Asks if there are amendments coming.

312

Rep. Krummel

Says that there are amendments coming to clarify the information that can be shared between the two agencies.  Clarifies that he will convene a work group.

343

Rep. Kitts

Asks if someone from the committee needs to be a part of the work group

345

Rep. Krummel

Says that he would like someone to be on the committee and will schedule it and let the committee know when it will be.

357

Chair Brown

Closes the public hearing on HB 2238. Adjourns the meeting at 9:56 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2055, prepared testimony, Jon Stubenvoll, 2 pp
  2. HB 2057, prepared testimony, Jon Stubenvoll, 2 pp
  3. HB 2352, prepared testimony, Shawn Miller, 1 p