SENATE COMMITTEE ON COMMERCE

 

 

February 10, 2005                                                                                                   Hearing Room C

3:10 P.M.                                                                                                                     Tapes  13 - 14

 

MEMBERS PRESENT:         Sen. Prozanski, Chair

Sen. Beyer, Vice-Chair

Sen. Whitsett

 

MEMBER EXCUSED:          Sen. Burdick

Sen. Ringo

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                Introduction of Committee Measures – Work Session

                                                SB 131 – Public Hearing

                                                SB 132 – Public Hearing

                                                SB 133 – Public Hearing

                                                SB 134 – Public Hearing

SB 135 – 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 13, A

005

Chair Prozanski

Opens meeting at 3:12 p.m.  Opens work session for introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

015

Anna Braun

Committee Administrator. Introduces LC 2393 (EXHIBIT A) and LC 2643 (EXHIBIT B).

020

Sen. Beyer

MOTION:  Moves LC's:  2393, 2643 BE INTRODUCED as committee bills.

 

 

VOTE:  3-0-2

EXCUSED:  2 – Burdick, Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

030

Chair Prozanski

Closes work session and opens public hearing on SB 131.

SB 131 – PUBLIC HEARING

035

Anna Braun

Committee Administrator.  Gives an overview of SB 131.

040

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Discusses and submits written testimony in support of SB 131 (EXHIBIT C)

050

Sen. Whitsett

Discusses concerns regarding bill’s language.

060

Gardner

Explains the intention of the language.

065

Sen. Whitsett

Comments regarding misunderstanding.

067

Gardner

Clarifies what the language says and intends.

070

Sen. Whitsett

Discusses language of SB 131.

072

Gardner

Answers that the language being discussed is existing law.

077

Chair Prozanski

Inquires if anyone has been denied ability to start a business based on not having tax statements from a preceding year.

085

Gardner

Answers that no there has not been, nor will there be.

086

Sen. Beyer

Inquires as to why BOLI is bringing this bill and not the Department of Revenue.

095

Chair Prozanski

Clarifies his understanding of the bill.

105

Christine Hammond

Administrator, Wage and Hour Division, BOLI.  Discusses the background and need of the bill. 

120

Anna Braun

Submits written testimony on behalf of John McCulley, Tree Fruit Growers, regarding SB 131 (EXHIBIT D).

130

Don Schellenberg

Oregon Farm Bureau.  Discusses and submits written testimony in support of SB 131. (EXHIBIT E).

145

Chair Prozanski

Closes public hearing on SB 131 and opens public hearing on SB 132.

SB 132 – PUBLIC HEARING

150

Anna Braun

Committee Administrator.  Gives overview of SB 132.

155

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Discusses and submits written testimony in support of SB 132 (EXHIBIT F).

175

Sen. Beyer

Inquires as to why language regarding farm worker contractors having workers compensation is being moved.

185

Christine Hammond

Administrator, Wage and Hour Division, BOLI. Remarks that the language is moved to consolidate provisions for farm labor contractors and forest labor contractors. 

215

Sen. Beyer

Clarifies what current statute says regarding workers compensation insurance.

220

Hammond

Answers clarification.

225

Sen. Whitsett

Asks for clarification regarding definition of employee indorsement.

230

Hammond

Answers clarification.

235

Sen. Whitsett

Inquires regarding the deletion of language in the bill.

240

Hammond

Answers question regarding language and discusses purpose of the bill. 

250

Don Schellenberg

Oregon Farm Bureau.  Discusses and submits written testimony in support of SB 132 (EXHIBIT G)

270

Chair Prozanski

Closes public hearing on SB 132 and opens public hearing on SB 133.

SB 133 – PUBLIC HEARING

275

Anna Braun

Committee Administrator.  Gives overview of SB 133.

290

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Discusses and submits written testimony in support of SB 133 (EXHIBIT H).

305

Sen. Beyer

Inquires regarding the difference between the definition of a farmer and a farm labor contractor.

315

Christine Hammond

Discusses difference between a farmer and a farm labor contractor.  Discusses effects of SB 133.

335

Sen. Beyer

Provides a scenario and inquires if someone would be an unlicensed farm labor contractor.

350

Hammond

Answers that there is an exclusion for the scenario described.

360

Chair Prozanski

Inquires regarding payment for a farm labor contractor.

365

Gardner

Answers question.

370

Sen. Beyer

Refers back to his previous scenario.

375

Chair Prozanski

Clarifies understanding of the difference between a farmer and a farm labor contractor.

380

Sen. Beyer

Clarifies question.

380

Gardner

Clarifies the difference between accepting a fee and receiving a reimbursement for actual wages.

395

Chair Prozanski

Asks Schellenberg’s opinion regarding the previous discussion.

400

Don Schellenberg

Oregon Farm Bureau.  States understanding.

410

Hammond

Discusses those exempt under provisions of the farm labor contractor law.  Cites OAR 839.015.0130 (16). 

430

Sen. Whitsett

Inquires where a fine would go if a suit was brought by BOLI.

440

Hammond

Discusses that BOLI has not taken an action under this provision. Remarks that civil penalties go to the housing fund for farmworker camp.  Offers to return information to the committee.

460

Sen. Whitsett

Inquires how BOLI could be damaged.

470

Hammond

Answers question.

TAPE 14, A

045

Hammond

Continues to discuss answer regarding BOLI’s damages.

050

Schellenberg

Discusses and submits written testimony regarding neutral position to SB 133 (EXHIBIT I).

055

Chair Prozanski

Closes public hearing on SB 133 and opens public hearing on SB 134.

SB 134 – PUBLIC HEARING

060

Anna Braun

Committee Administrator.  Provides an overview of SB 134. Submits written testimony on behalf of John McCulley, Tree Fruit Growers, regarding SB 134 (EXHIBIT J).

065

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI). Discusses and submits written testimony in support of SB 134 (EXHIBIT K).

080

Don Schellenberg

Oregon Farm Bureau.  Discusses and submits written testimony in  support of SB 134 (EXHIBIT L).

090

Gardner

Clarifies McCulley’s question in EXHIBIT J regarding the service of process.

095

Chair Prozanski

Closes public hearing on SB 134 and opens public hearing on SB 135.

SB 135 – PUBLIC HEARING

096

Anna Braun

Committee Administrator.  Discusses SB 135 and submits the proposed -1 amendments (EXHIBIT M).  Submits written testimony on behalf of John McCulley, Tree Fruit Growers, in opposition to SB 135 (EXHIBIT N).

100

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Discusses and submits written testimony in support of SB 135 (EXHIBIT O).

125

Sen. Whitsett

Discusses objections in EXHIBIT M.  Inquires if the objections have already been taken out of the bill.

130

Braun

Answers that she is not sure.

135

Chair Prozanski

Comments on need for clarification from BOLI.

140

Sen. Whitsett

Asks for the definition of certified payroll.

143

Hammond

Discusses definition of certified payroll.

155

Sen. Whitsett

Inquires if a certified payroll record is not required of other types of workers.

157

Hammond

Answers what type of employees are required to have certified payroll records.

160

Don Schellenberg

Discusses and submits written testimony regarding neutral position to SB 135 (EXHIBIT P).

170

Nargess Shadbeh

Attorney, Oregon Law Center.  Discusses and submits written testimony in support of SB 131, 132, 133, 134, and 135 (EXHIBIT Q).

195

Dan Gardner

Discusses letter from Tree Fruit Growers and answers previous question from Sen. Whitsett.

205

Sen. Beyer

Inquires as to what wage information is now required on pay stubs.

210

Gardner

Answers that it is required to show hours worked, rate of pay, and any deductions made from paycheck.

215

Sen. Beyer

Clarifies that these items are required on pay stubs of all employees, including farm labor contractor employees.

216

Gardner

Answers that yes it is required of any employee in the state.

217

Sen. Beyer

Discusses Shadbeh’s testimony regarding the need of forms to be in Spanish. 

225

Gardner

Comments that some workers may not understand what is a legal deduction. Discusses personal experience in assisting someone who had been wronged.

245

Sen. Beyer

Clarifies that BOLI can assist an employee who has questions regarding their pay stubs.

250

Gardner

Answers that they would assist employees and take action if necessary.

265

Sen. Beyer

Asks if reports received by BOLI become public record.

270

Hammond

Answers that payroll information is exempt from disclosure under the public records law.

280

Gardner

Comments that BOLI takes out personal information that is not subject to public records on many occasions.

285

Sen. Beyer

Inquires if this is a requirement or if BOLI does this at their discretion.

295

Hammond

Answers that it is public records law and it prohibits disclosure of that information.

 

300

Chair Prozanski

Discusses the status of the bills after today’s meeting. Closes public hearing on  SB 135.  Adjourns the meeting at 4:07 p.m.

 

 

EXHIBIT SUMMARY

 

  1. Introductions, LC 2393, staff, 5 pp
  2. Introductions, LC 2643, staff, 3 pp
  3. SB 131, written testimony, Dan Gardner, 2 pp
  4. SB 131, written testimony of John McCulley, Anna Braun, 1 p
  5. SB 131, written testimony, Don Schellenberg, 1 p
  6. SB 132, written testimony, Dan Gardner, 2 pp
  7. SB 132, written testimony, Don Schellenberg, 1 p
  8. SB 133, written testimony, Dan Gardner, 2 pp
  9. SB 131, 132, 133, 134, 135, written testimony, Don Schellenberg, 1 p
  10. SB 134, written testimony of John McCulley, Anna Braun, 1 p
  11. SB 134, written testimony, Dan Gardner, 2 pp
  12. SB 134, written testimony, Don Schellenberg, 1 p
  13. SB 135, -1 amendments, staff, 1 p
  14. SB 135, written testimony of John McCulley, Anna Braun, 1 p
  15. SB 135, written testimony, Dan Gardner, 2 pp
  16. SB 135, written testimony, Don Schellenberg, 1 p
  17. SB 135, 131, 132, 133, 134, Nargess Shadbeh, 1 p