HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

July 29, 2003 Hearing Room HR E

1:30 PM Tapes 103 - 104

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice-Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Committee Administrator

                                                Ray Kelly, Administrator

David Peffley, Committee Assistant

 

MEASURES HEARD:                     HB 3442 A – Work Session

SB 908 – Public Hearing and Work Session

SB 919 – Public Hearing and Work Session

SB 909 – Public Hearing and Work Session

HB 3628 – Work Session

SB 757 A – 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 103, A

003

Chair Doyle

Calls the meeting to order at 1:35 p.m., announces the hearing schedule, and opens a work session on HB 3442.

HB 3442 – WORK SESSION

014

Chair Doyle

Announces the –A3 amendments (EXHIBIT A).

026

Gary Conklin

Oregon Wine Growers.  Recalls for the committee the previous hearings on the bill and addresses the changes called for by the Governor as evidenced in the –A3 amendments.

050

Rep. Flores

MOTION:  Moves to ADOPT HB 3442-A3 amendments dated 4/29/03.

053

 

VOTE:  7-0-0

054

Chair Doyle

Hearing no objection, declares the motion CARRIED.

056

Rep. Flores

MOTION:  Moves HB  3442A to the floor with a DO PASS AS AMENDED.

063

 

VOTE:  7-0-0

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

065

Chair Doyle

The motion CARRIES.

067

Rep. Doyle

MOTION:  Moves HB 3442A be placed on the CONSENT CALENDAR.

068

 

VOTE:  7-0-0

070

Chair Doyle

Hearing no objection, declares the motion CARRIED.

071

Chair Doyle

Closes the work session on HB 3442 and opens up a public hearing on SB 908.

SB 908 – PUBLIC HEARING

078

Pat Schwoch

Executive Director, Manufactured Homeowners of Oregon.  Submits (EXHIBIT B) and testifies in support of SB 908.  Notes that the bill is in fact HB 3069, which passed the house unanimously and stalled in the Senate Committee on Business and Labor, with one non-substantive word change.

123

David Nebel

Oregon Law Commission.  Announces support for SB 908 and offers to answer questions on the bill.

128

John Brenneman

Manufactured Housing Communities of Oregon (for Chuck Carpenter).  Testifies in support for SB 908. 

140

Rep. Verger

Announces a potential conflict of interest as she owns a manufactured home in Salem.  

145

Rep. Barnhart

Asks for a review of the status of HB 3069, the progenitor of the current legislation being considered.

148

Schwoch

Explains the path that HB 3069 took before becoming bogged down in the Senate.

151

Rep. Barnhart

Affirms that HB 3069 was Senator Walker’s priority bill.

154

Chair Doyle

Asks the vote count on the House floor.

155

Nebel

Notes that the count was 58 - 0 - 2.

161

Chair Doyle

Closes the public hearing and opens a work session on SB 908.

SB 908 – WORK SESSION

164

Rep. Flores

Comments that this legislation is important to her constituents.

167

Rep. Flores

MOTION:  Moves SB 908 to the floor with a DO PASS recommendation.

170

Rep. Backlund

Commends that a consensus was able to be agreed upon amongst the proponents of the bill.

176

 

VOTE:  7-0-0

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

177

Chair Doyle

The motion CARRIES.

181

Rep. Doyle

MOTION:  Moves SB  908 be placed on the CONSENT CALENDAR.

182

 

VOTE:  7-0-0

183

Chair Doyle

Hearing no objection, declares the motion CARRIED.

186

Chair Doyle

Closes the work session on SB 908 and opens a work session on SB 919.

SB 919 – WORK SESSION

194

Ray Kelly

Administrator.  Summarizes SB 919, related to Landscape Contractors and notes that it is the same as HB 2965 which already passed the House floor. 

209

Bill Cross

Oregon Landscape Contractors Association. Submits (EXHIBIT C) and offers to answer any questions the committee might have.

214

Rep. Close

Asks for an explanation of “b” on Lines 15, 16 regarding the $500 figure.

221

Mike Snyder

Landscape Contractor’s Board.  Notes that the $500 exemption has always been in the statutes.  States the reasons for the exemption.

232

Rep. Close

References Page 3 and asks about the Portland, Salem, Oregon, Washington Consumer Price Index.

234

Snyder

Explains the reasons for the price index.

252

Rep. Close

Asks why Salem is being added and not Portland.

254

Snyder

Expresses uncertainty.

257

Rep. Barnhart

Offers a possible explanation.

260

Cross

Notes that the reference was inserted by Legislative Council, not at the request of the Landscape Contractors.

263

Chair Doyle

Reaffirms Cross’ statement and adds that it is merely a stylistic issue and that it is not adding anything substantive.

271

Chair Doyle

Closes the public hearing and opens a work session on SB 919.

SB 919 Work Session

274

Rep. Flores

MOTION:  Moves SB 919 to the floor with a DO PASS recommendation.

281

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

283

Chair Doyle

MOTION:  Moves SB 919 be placed on the CONSENT CALENDAR.

284

 

VOTE:  7-0-0

285

Chair Doyle

Hearing no objection, declares the motion CARRIED.

285

Chair Doyle

Closes the work session on SB 919 and opens a public hearing on SB 909.

SB 909 – PUBLIC HEARING

288

Scott Barrie

Oregon Building Industry Association (OBIA).  Notes that SB 909 is the reincarnation of HB 2389, which passed the House 58-0 and urges passage. 

316

Rep. Barnhart

Asks if the defect in the original bill has been repaired in the current legislation.

321

Rep. Close

Notes that HB 2389 had much work done to it in the House Committee on Labor and Consumer Affairs.

327

Lana Butterfield

Professional Insurance Agents of Oregon and Idaho.  Submits (EXHIBIT D) and expresses confidence that the proposed legislation will be quite beneficial to insurance concerns.

334

Chair Doyle

Closes the public hearing on SB 909 and opens a work session on SB 909.

SB 909 – WORK SESSION

338

Rep. Flores

MOTION:  Moves SB 909 to the floor with a DO PASS recommendation.

345

 

VOTE:  7-0-0

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

 

Chair Doyle

The motion CARRIES.

349

Chair Doyle

MOTION:  Moves SB 909 be placed on the CONSENT CALENDAR.

351

 

VOTE:  7-0-0

352

Chair Doyle

Hearing no objection, declares the motion CARRIED.

354

Chair Doyle

Closes the work session on SB 909 and opens a work session on HB 3638.

HB 3638 – WORK SESSION

363

Chair Doyle

States that this bill has changed with the submission of the -4 amendments (EXHIBIT E) at the request of the Governor. 

366

Bob Cantine

Association of Oregon Counties (AOC).  Submits (EXHIBIT F) and speaks to the consensus reached with various state agencies.  Speaks in support of the -4 amendments.  Addresses the need for this legislation.  Requests the removal of the subsequent referral to Ways and Means, as there is no longer any fiscal impact.

421

Chair Doyle

Confirms that indeed there is no fiscal impact.

TAPE 104, A

002

Rep. Monnes Anderson

Asks who would assume liability in the circumstance of a lawsuit regarding the provision of services.

006

Cantine

Replies that the County could be liable and possibly the State, as well.

011

Rep. Verger

Asks about the Commission on Children and Families and whether it is addressed by the -4 amendments.

014

Cantine

Affirms that they are not included in the -4 amendments, but will be part of the larger policy discussion.

021

Chair Doyle

Enters the July 29 letter from Barry Kast, Assistant Director of the Department of Human Services (DHS) (EXHIBIT G) into the record.

 

Erinn Kelley-Siel

Policy Advisor for Health and Human Services to Governor Kulongoski.  Submits written testimony in support of the HB 3638-4 but does not testify (EXHIBIT H).

025

Rep. Flores

MOTION:  Moves to ADOPT HB  3638-4 amendments dated 7/15/03.

026

 

VOTE:  7-0-0

027

Chair Doyle

Hearing no objection, declares the motion CARRIED.

029

Rep. Flores

MOTION:  Moves HB 3638 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

034

 

VOTE:  7-0-0

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

035

Chair Doyle

The motion CARRIES.

035

Rep. Doyle

MOTION:  Moves HB 3638 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

040

Chair Doyle

Closes the work session on HB 3638 and opens a public hearing on SB 757.

SB 757 – PUBLIC HEARING

044

John Shilts

Administrator, Worker’s Compensation Division of the Department of Consumer and Business Services.  Submits (EXHIBIT I) testifies in support of SB 757 A, which will improve the equity of permanent partial disability awards for injured workers and simplify a complex benefit structure.  Gives background to the existing law and asserts that the bill is cost-neutral.  Addresses the sunset clause. 

153

Rep. Barnhart

Asks the current State average weekly wage.

163

Shilts

States that the average wage is slightly more than $650/week.

173

Rep. Backlund

Asks how the current problem with award distortion developed.

177

Shilts

States that he is not sure how the trend developed.

188

Rep. Backlund

Asks what percentage range of the state average injured workers can receive.

193

Shilts

Notes that injured workers fall just a little bit below the state average weekly wage.

210

Rep. Verger

Asks if scheduled or unscheduled are based on the doctors’ reports.

214

Shilts

Gives the process of doctors’ diagnoses with regard to scheduling.

231

Rep. Verger

Addresses constituent complaints regarding the long distances traveled in order to receive medical care and asks Shilts to address this issue.

236

Shilts

Addresses the problem and the reasons for the great distances.

264

Rep. Verger

Expresses satisfaction that the problem is being addressed.  Continues by expressing constituent concerns about transportation to medical care.

281

Shilts

States that he’d like to hear more concerns from workers in order to address them.

285

Rep. Flores

Recalls that this legislation is intended to simplify a very complex process and ask for clarification on how Pages 5-6 accomplish that end.  

294

Shilts

Addresses the complexities in the process which still exist. Reaffirms that the legislation will, however simplify the benefit structure.  

318

Chair Doyle

Asks for confirmation that the sunset provision will not take effect until 2008. 

321

Shilts

Confirms that is correct.

324

Rep. Monnes Anderson

Asks whether the higher awards to be paid will exacerbate current reserves or whether the rates will have to be adjusted.

335

Shilts

Reiterates that this proposal is intended to be cost neutral.

353

Rep. Monnes Anderson

Asks whether the workers comp amount which is taken out of the paycheck is standard for everyone.

357

Shilts

Affirms that is correct.  Elaborates on the funding of the program.

376

Rep Barnhart

Asks about the nature of the payments to be received by the injured workers.

 

 

 

382

Shilts

Notes that they are generally lump-sum payments at the end of the claim when the worker’s recovery is relatively stationary.

410

Rep. Barnhart

Asks if significant awards can be annuitized.

414

Shilts

Replies that the award is generally in the form of a lump sum, but that the worker could arrange an annuity.

421

Rep. Barnhart

Asks Shilts to describe the case where a worker returns to work according to the bill.

447

Shilts

Explains awards under various circumstances.

TAPE 103, B

015

Shilts

Concludes his explanation of awards vis-à-vis SB 757 A.

024

Rep. Verger

Asks if there is an ombudsman or grievance process aggrieved workers can utilize.

029

Shilts

Affirms that the Department does have an ombudsman.

039

JL Wilson

National Federation of Independent Business (NFIB).  Supports the workman’s comp bill whole heartedly. Discusses cost-neutrality and specifies his preference to see the bill pass without the –A6 amendments (EXHIBIT J), which were submitted at NFIB’s request.

065

Brad Witt

Oregon American Federation of Labor – Congress of Industrial Organizations (AFL-CIO).  Testifies in support SB 757 A, stating that this bill is an innovative approach to workers compensation. Addresses compensation for those unable to work and incentives to get people back to work. 

111

Chair Doyle

Closes the public hearing on SB 757 A and opens a work session on   SB 757 A.

SB 757 A – WORK SESSION

114

Rep. Flores

MOTION:  Moves SB 757A to the floor with a DO PASS recommendation.

118

Rep. Barnhart

Expresses satisfaction that this bill introduces a system to get people back to work.

144

Rep. Verger

Addresses the great challenges to those critically hurt on the job. Encourages this issue to be explored further during the interim.

163

 

VOTE:  7-0-0

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

165

Chair Doyle

The motion CARRIES.

169

Barnhart

States that he doesn’t believe that SB 757 A should be placed on the consent calendar.

171

 

Chair Doyle will lead the discussion on the floor.

174

Chair Doyle

Closes the work session on SB 757 A and adjourns the meeting at 2:46 p.m..

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 3442, -A3 amendments, staff, 1 p.

B – SB 908, written testimony, Pat Schwock, 3 pp.

C – SB 919, written testimony, Bill Cross, 1 p.

D – SB 909, written testimony, Lana Butterfield, 1 p.

E – HB 3638, -4 amendments, staff, 9 pp.

F – HB 3638, written testimony, Robert Cantine, 3 pp.

G – HB 3638, written testimony, Barry Kast, 1 p.

H – HB 3638, written testimony, Erinn Kelley-Siel, 1 p.

I – SB 757 A, written testimony, John Shilts, 2 pp.

J- SB 757 A, -A6 amendments, staff, 6 pp.