SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT

 

 

February 24, 2005                                                                                                   Hearing Room B

1:00 P.M.                                                                                                                     Tapes  29 - 30

 

MEMBERS PRESENT:         Sen. Rick Metsger, Chair

Sen. Bruce Starr, Vice-Chair

Sen. Jason Atkinson

Sen. Ryan Deckert

Sen. Laurie Monnes Anderson

 

STAFF PRESENT:                 Theresa Van Winkle, Committee Administrator

James Goulding, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 323 – Public Hearing

                                                SB 207 – Work Session

                                                SB 318 – Work Session

                                                SB 367 – 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 29, A

003

Chair Metsger

Calls the committee to order at 1:05 P.M.  Opens a public hearing on SB 323.

SB 323 – PUBLIC HEARING

015

Sen. Vicki Walker

Senate District 7.  Begins testimony in favor of SB 323.  Discusses the -2 amendments to SB 323 (EXHIBIT A).  Notes the -1 amendments are still being prepared but are minimal.

063

Lisa Trussell

Chair, Independent Contractor Task Force.  Presents written testimony in favor of SB 323 (EXHIBIT B).  Relates the key findings of the Independent Contractors Task Force.  Discusses the Final Nov. 1, 2004 Report of the Independent Contractor’s Task Force (EXHIBIT C). 

150

Elizabeth Harchenko

Governor’s Representative, Independent Contractor’s Task Force.  Presents written testimony in favor of SB 323 to the committee (EXHIBIT D).  Details the amendments needed in state statute. 

200

Harchenko

Discusses the criteria needed to properly identify an independent contractor.

250

Harchenko

Relays exceptions in the measure for farm workers.  Discusses page 3 of the bill. 

300

Harchenko

Speaks in detail about additional statute changes proposed in the bill and the reasoning behind them. 

350

Harchenko

Discusses the -2 amendments provided by Senator Walker.   

410

Chair Metsger

Asks when they can expect to have the opinion of the Management-Labor Advisory Committee (MLAC) on the bill.

415

Trussell

Replies that they are working on getting amendments ready.  Feels the bill would be an improvement as drafted.  States they are working to add the workers compensation piece.

425

Chair Metsger

Appreciates her work on this measure.

TAPE 30, A

010

Jerry Managhan

Deputy Administrator, Workers Compensation Division, Department of Consumer and Business Services (DCBS).  Testifies in favor of SB 323.  Presents written testimony (EXHIBIT E). 

050

Managhan

Relates that the SB 323 will be more of a clarification, than a change.  Discusses an amendment to change workers compensation definition of “worker”. 

085

Jeff Chicoine

Newcomb, Sabin, Schwartz & Landsverk, LLP.  Testifies in favor of SB 323.  Supports the bill as proposed.  Feels the -1 amendments complicate the measure, as workers compensation was excluded on purpose.  Considers more input is needed from the workers compensation community before moving forward.

100

Norman Malbin

Labor Attorney, International Brotherhood of Electrical Workers (IBEW) Local Union 48.  Presents written testimony in support of SB 323 (EXHIBIT F).  Voices his support for the measure as introduced and that there was a strong consensus formed around it.

150

Patrick Allen

Office of Regulatory Streamlining.  Testifies in favor of SB 323, as well as the -1 amendments.  Advocates that passage will assist greatly with regulatory streamlining. 

180

Chris Davie

State Accident Insurance Fund (SAIF) Corporation.  Presents written testimony (EXHIBIT G).  Discusses his concern over the amendments shifting the handling of workers compensation claims.

200

Chair Metsger

Asks for elaboration on his concerns with the structure of the measure.

203

Davie

References statutes needing additional clarity.

220

Don Schellenberg

Oregon Farm Bureau.  Provides definition of custom farming schedules.  Suggests some changes to the measure.  States they need to consider the filing of custom farming schedules.

255

Ed Glad

Pacific Northwest Regional Council of CarpentersPresents written testimony in favor SB 323 (EXHIBIT H).

270

Chair Metsger

Asks Ms. Harchenko to return to clarify Mr. Schellenberg’s request.

272

Harchenko

Notes she had stepped out of the hearing room for a moment.

275

Chair Metsger

Summarizes Mr. Schellenberg’s concerns regarding language in the measure.

277

Schellenberg

Notes the measure requires them to always fill out two farming schedules when they only need to do one or the other, and occasionally both.

280

Harchenko

Understands the concerns voiced.  Suggests they work with Mr. Schellenberg to modify the language.

300

Michael Dale

Executive Director, Northwest Workers’ Justice Project.  Discusses classification of “independent contractors”.  Expresses his concerns with the amendments proposed to the SB 323.

350

Dale

Explains the concerns of a field worker client he is representing, who was injured.  Observes some of the language is unclear.

363

Chair Metsger

Notes that those proposing changes or having concerns should contact Committee Administrator, Theresa Van Winkle, to see how best to amend the bill.

378

Dale

States he would be happy to submit information to Ms. Van Winkle.

380

Chair Metsger

Closes public hearing SB 323.  Opens work session on SB 207.

SB 207 – WORK SESSION

390

Theresa Van Winkle

Committee Administrator.  Explains the provisions of the bill.

405

Chair Metsger

Recalls past public hearing on SB 207.  Comments that they did not hear any opposition to the bill.

410

Sen. Deckert

MOTION:  Moves SB 207 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 – B. Starr

415

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

420

Chair Metsger

Closes work session on SB 207.  Opens a work session on SB 318.

TAPE 29, B

SB 318 – WORK SESSION

010

Van Winkle

Discusses the provision of the bill.  Explains the -1 amendments before the committee (EXHIBIT I).

015

Sen. Atkinson

MOTION:  Moves to ADOPT SB 318-1 amendments dated 2/22/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

017

Chair Metsger

Hearing no objection, declares the motion CARRIED.

020

Lori Makinen

Oregon State Veterinary Medical Examining Board.  Testifies that the amendment was a change for clarity.  Voices her concern about the change being misinterpreted.

030

Chair Metsger

Asks if she discussed the change with legislative counsel

035

Makinen

States they were comfortable with it, but wonders if they might wish to change it.

040

Chair Metsger

Notes that the bill could be further amended in the other chamber if they feel it is a real issue. 

045

Sen. Atkinson

MOTION:  Moves SB 318 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

050

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. SCHRADER will lead discussion on the floor.

053

Chair Metsger

Closes work session on SB 318.  Opens a work session on SB 367.

SB 367 – WORK SESSION

055

Van Winkle

Summarizes the bill.  Explains the -2 amendments to the measure (EXHIBIT J).

065

Chair Metsger

Notes a letter of written support for the amendments from Steve Entler of Radio Cab (EXHIBIT K).  Talks about the compromises they were able to reach in addressing the concerns over the measure.  States that Ms. Whitman did some research on this issue to present to the committee.

090

Christa Whitman

Salem resident.  Presents research report to the committee (EXHIBIT L). 

120

Chair Metsger

Observes Mr. Castales from Oregon Department of Transportation (ODOT) is present to answer any questions.

123

Sen. Atkinson

Remarks that he is concerned with the enforcement of this measure.   States that he doesn’t like taxis being targeted more than any other vehicle.

125

Chair Metsger

Offers he doesn’t believe taxis will be targeted any more than an average driver.  Asks for an overview of the reasoning behind the bill.

133

Troy Castales

Manager, Transportation Safety Division, ODOT.  Explains the history of the seatbelt law in Oregon being enacted by voters in 1990. 

175

Sen. Atkinson

Wonders if this would affect shuttle van programs for seniors in his district.

182

Castales

Clarifies this only applies to privately owned vehicles of 15 passengers or less.

187

Sen. Atkinson

Notes it is unfair to enact laws only on private vehicles and not on public ones.  Wonders if this is really that much of a problem.

197

Chair Metsger

Explains the reasoning and intent of the bill in addressing the tragic death of a figure skater’s mother in a Portland taxi the previous year. 

215

Chair Metsger

Calls a brief recess at 2:18 P.M.

218

Chair Metsger

Calls the committee back to order at 2:20 P.M. 

220

Sen. Monnes Anderson

MOTION:  Moves to ADOPT SB 367-2 amendments dated 2/16/05.

223

 

VOTE:  4-0-1

EXCUSED:  1 - B. Starr

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

230

Sen. Monnes Anderson

MOTION:  Moves SB 367 to the floor with a DO PASS AS AMENDED recommendation.

235

Sen. Deckert

Offers that the child seat issue needs additional attention.

237

 

VOTE:  3-1-1

AYE:               3 - Deckert, Monnes Anderson, Metsger

NAY:               1 - Atkinson

EXCUSED:     1 – B. Starr

 

Chair Metsger

The motion CARRIES.

SEN. METSGER will lead discussion on the floor.

265

Chair Metsger

Closes the work session on SB 367.  Adjourns the committee at 2:23 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 323, -2 amendments, staff, 2 pp
  2. SB 323, Written testimony, Lisa Trussell, 2 pp
  3. SB 323, Report of Independent Contractors Task Force, Lisa Trussell, 90 pp
  4. SB 323, Written testimony, Elizabeth Harchenko, 2 pp
  5. SB 323, Written testimony, Jerry Managhan, 2 pp
  6. SB 323, Written testimony, Norman Malbin, 4 pp
  7. SB 323, Written testimony, Chris Davie, 2 pp
  8. SB 323, Written testimony, Ed Gland, 3 pp
  9. SB 318, -1 amendments, staff, 1 p
  10. SB 367, -2 amendments, staff, 3 pp
  11. SB 367, Written testimony of Steve Entler, staff, 1 p
  12. SB 367, Written testimony, Christa Whitman, 2 pp