SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT

 

 

March 1, 2005                                                                                                         Hearing Room B

1:00 P.M.                                                                                                                      Tapes 31 - 32

Corrected 10/18/05

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 17A – Reconsideration and Work Session

                                                SB 120 – Work Session

                                                SB 173 – Public Hearing

                                                SB 385 – 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 31, A

003

Chair Metsger

Calls the committee to order at 1:09 p.m.  Announces the last projected date to hear Senate Bills is April 8, and House Bills on April 28.

018

Chair Metsger

Opens possible reconsideration and work session on SB 17A.

SB 17A – RECONSIDERATION AND WORK SESSION

020

Chair Metsger

Explains that SB 17A does not need to be sent to the committee on Ways and Means. 

025

Sen. Atkinson

MOTION:  Moves to SUSPEND the rules for the purpose of rescinding referral of SB 17A to the committee on Ways and Means.

028

 

VOTE:  3-0-2

EXCUSED:  2 - Deckert, Starr B.

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

030

Sen. Atkinson

MOTION:  Moves to RESCIND referral of SB 17A to the committee on Ways and Means and move it to the floor with a DO PASS recommendation.

035

 

VOTE:  3-0-2

EXCUSED:  2 - Deckert, Starr B.

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. NELSON will lead discussion on the floor.

040

Chair Metsger

Closes possible reconsideration and work session on SB 17.  Opens work session on SB 120.

SB 120 – WORK SESSION

041

Chair Metsger

States that the Department of Consumer and Business Services (DCBS) has worked to address previous concerns voiced by the committee.

043

Theresa Van Winkle

Committee Administrator.  Explains the provisions of SB 120.

047

Sen. Monnes Anderson

MOTION:  Moves SB 120 to the floor with a DO PASS recommendation.

050

 

VOTE:  3-0-2

EXCUSED:  2 - Deckert, Starr B.

 

Chair Metsger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

053

Chair Metsger

Closes work session on SB 120.  Opens a public hearing on SB 173.

SB 173 – PUBLIC HEARING

055

Van Winkle

Explains the provisions of the measure.

063

Mike Marsh

Deputy Director, Central Services, Oregon Department of Transportation (ODOT).  Presents written testimony in favor of SB 173 (EXHIBIT A).

100

Chair Metsger

Wonders how many firms and small businesses have been able to take advantage of ODOT’s assistance.

105

Marsh

Replies that 32 contracts have been awarded in the current biennium, and the amount is expected to increase.

110

Chair Metsger

Asks about the average size of a contract.

112

Marsh

States that most are in the $50,000 range.

114

Chair Metsger

Questions if there is data to show if the contracts are going to Oregon companies.

116

Marsh

Responds that they are all Oregon based companies.

117

Sen. Atkinson

Asks about this being needed to resolve conflicts between statute and practices.

120

Marsh

Responds that they have accomplished the purposes of the law, but to spend highway funds they have to have an agreement with DCBS to show the funds stay within that account.

127

Sen. Atkinson

Asks who regulates Disadvantaged Business Enterprise (DBE).

129

Marsh

Clarifies DCBS certifies the creation of DBEs.  Notes ODOT monitors them.

130

Sen. Atkinson

Inquires who a DBE would contact if a problem occurred.

132

Marsh

Replies they would contact ODOT if they had a contractor complaint.

134

Sen. Atkinson

Wonders about other types of complaints.

137

Marsh

States they would go to the Department of Administrative Services if they have a purchasing complaint.

140

Sen. Atkinson

Offers that there has been trouble between the department and consumers in the past.  Feels there are too many hoops to jump through that are causing businesses to move out of the state.  Notes former constituents that have moved out of state.

150

Marsh

Asks how long ago this occurred.

153

Sen. Atkinson

States this occurred two years ago.

155

Marsh

Relates that this system will help ease the problem with small businesses.

160

Sen. Atkinson

Feels this is a political focus that won’t help small businesses.  Gives his opinion that this will slow down the process.

165

Marsh

Responds DCBS has been trying to focus the process.

170

Chair Metsger

Suggests Mr. Marsh contact Sen. Atkinson to address his concerns in detail.

175

Sen. B. Starr

Introduces his job shadow for the day, Randy Shifler, junior at Liberty High School in Hillsboro.   Offers a question to Mr. Marsh on the language change and the addition of an advocate for women and minorities in statute.

195

Marsh

Replies that the advocate position has existed since 1991.  Notes the reference is not creating anything new and the changes are for clarification.

210

Sen. B. Starr

Describes the difficulties he’s observed with minorities and emerging businesses getting the assistance they need.

220

Marsh

Clarifies and states he will get additional information for him.

230

Sen. Deckert

Talks about a personal experience with a contractor he was working with that had a very difficult time navigating through the process to become certified.

257

Marsh

States he will follow up with Sen. Deckert regarding his concerns.

260

Chair Metsger

Observes that the committee would like to have additional information on the operations of the office.  Suggests providing contacts and additional testimony to aid the committee.

280

Jessica Harris Adamson

Associated General Contractors (AGC).  Testifies in favor of SB 173.  Relates the intent and positive attributes of the bill in assisting public contractors.  Talks about how the legislation will assist start up companies to be competitive.

327

Chair Metsger

Points out it would be extremely helpful to hear from the membership she represents to improve and streamline the functioning of the process.

345

Adamson

Concurs that she would be happy to help.  Remarks further on the importance of the program.

357

Chair Metsger

Closes public hearing on SB 173.

360

Sen. Atkinson

Relays his frustration that the representatives from DCBS aren’t present.

370

Chair Metsger

Agrees that it would be helpful to have their input.  Opens a public hearing on SB 385.

SB 385 – PUBLIC HEARING

375

Van Winkle

Explains the provisions of the measure.

380

Bob Keith

Administrator, Oregon Appraiser Certification and Licensure Board (ACLB).Submits written testimony in favor of SB 385 (EXHIBIT B).

410

Keith

Continues discussing SB 385.

TAPE 32, A

005

Keith

Continues testimony in favor of SB 385.

050

Keith

Discusses the ability of the board to be self sustaining. 

070

Keith

Notes FBI approval for the background check.  Discusses the need to have FBI approval on the currently drafted form of the bill.  States they will have to amend it if it does not meet the necessary standards. 

097

Chair Metsger

Discusses the fiscal impact of the bill.  Wonders about the collection of their fees.

103

Keith

Replies that the board was set up with its own account to sustain itself through license fees and civil penalties.  Notes that other states that have semi-independent boards use the general fund.    

120

Sen. B. Starr

Asks if their appraisers work under their licensees.

127

Keith

Explains the process of hiring an appraiser, pointing out the importance of having them develop good judgment. 

150

Sen. B. Starr

Wonders if the licensees have insurance coverage to cover a person to some degree.

165

Keith

Replies that most appraisers carry professional liability insurance.

178

Craig Zell

Board Chair, ACLB.  Offers to answer any questions.

185

Chair Metsger

Thanks them for their assistance.  Closes public hearing on SB 385.  Discusses the agenda for the next meeting.  Adjourns at 1:54 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 173, Written testimony, Mike Marsh, 2 pp
  2. SB 385, Written testimony, Bob Keith, 5 pp