HOUSE COMMITTEE ON

BUSINESS, LABOR, AND CONSUMER AFFAIRS

 

 

March 09, 2005   Hearing Room B

8:30 A.M. Tapes  50 - 51

Corrected 09/27/05

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Sal Esquivel, Vice-Chair

Rep. Mike Schaufler, Vice-Chair

Rep. Paul Holvey

Rep. George Gilman

Rep. Derrick Kitts

Rep. Chip Shields

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Katie Howard, Committee Assistant

 

MEASURES/ISSUES HEARD:                    

HB 2160 – Work Session

HB 2091 – Public Hearing

HB 2405 – Public Hearing and Work Session

HB 2590 – 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 50, A

003

Chair Brown

Calls the meeting to order at 8:36 a.m.

007

Rep. Holvey

Welcomes BJ Goldsmith from Churchill High School.

010

Chair Brown

Opens the work session for HB 2160.

HB 2160 – WORK SESSION

013

Janet Adkins

Committee Administrator.  Explains HB 2160 and the -2 amendments (EXHIBIT A).

044

Rep. Shields

MOTION:  Moves to ADOPT HB 2160-2 amendments dated 03/07/05.

046

 

VOTE:  6-0-1

EXCUSED:  1 - Kitts

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

047

Rep. Shields

MOTION:  Moves HB 2160 to the floor with a DO PASS AS AMENDED recommendation.

050

 

VOTE:  6-0-1

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

EXCUSED:  1 - Kitts

 

Chair Brown

The motion CARRIES.

REP. HOLVEY will lead discussion on the floor.

NOTE:  See tape 51 A, page 4 of this tape log for Rep. Kitts vote.

057

Chair Brown

Closes the work session on HB 2091.  Opens the public hearing on HB 2091.

HB 2091 – PUBLIC HEARING

060

Janet Adkins

Committee Administrator.  Explains HB 2091 and the -1 amendments (EXHIBIT B).

090

John Shilts

Administrator, Workers’ Compensation Division, Department of Consumer and Business Services.  Submits written testimony in support of HB 2091 (EXHIBIT C).  Mentions that HB 2091 is not a comment on the Office of Administrative Hearings and that HB 2091 is simply a regulatory streamlining proposal.  States that there are about 200 cases a year and this number can be absorbed by the Workers’ Compensation Board.  Discusses how it will improve the workers’ compensation contested case hearings.

123

Shilts

Explains the error that was made in the drafting of HB 2091 and wants to hold the bill over so that the error can be corrected.

139

Bruce Miller

Office of the State Court Administrator.  States that the Office of the State Court Administrator has no official position on HB 2091.  Explains section 19 and says that since it is retrospective makes the appeals process confusing.  Says that the -1 amendments take care of their concerns.

 

Maureen Brock

Submits informational statement on HB 2091 without oral testimony (EXHIBIT D).

157

Chair Brown

Closes the public hearing on HB 2091 and opens the public hearing on HB 2405.

HB 2405 – PUBLIC HEARING

163

Janet Adkins

Committee Administrator.  Explains HB 2405 and the -1 amendments (EXHIBIT E)

183

Martin Alvey

Attorney, Martin L. Alvey, P.C.  Submits written testimony in support of HB 2405 (EXHIBIT F).  States that the bill would allow a worker to submit a claim report and a medical report separately.  Discusses how the provision in SB 369 (1995) established the requirement for both the medical report and the claim report to be submitted to the insurer at the same time.

227

Alvey

Explains how HB 2405 would change the timeline for the reimbursement of paid time loss.  Says that HB 2405 will improve the claims process.

251

Susan Lavier

City County Insurance Services. 

257

William Bartel

Claims Manager, Special Districts Association of Oregon.  

260

Lavier

Speaks in support of HB 2405.  Asserts that the bill would make the process of filing insurance claims for injured workers more clear.

276

Linda Barno

Legislative Co-chair, Oregon Self Insurance Association.  Speaks in support of 2405 and the -1 amendments.

288

Chair Brown

Closes the public hearing on HB 2405 and opens the work session on HB 2405.

HB 2405 – WORK SESSION

291

Rep. Kitts

MOTION:  Moves to ADOPT HB 2405-1 amendments dated 02/24/05.

395

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

396

Rep. Kitts

MOTION:  Moves HB 2405 to the floor with a DO PASS AS AMENDED recommendation.

302

 

VOTE:  7-0-0

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

 

Chair Brown

The motion CARRIES.

307

Rep. Kitts

MOTION:  Moves HB 2405 be placed on the CONSENT CALENDAR.

310

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

315

Chair Brown

Closes the work session on HB 2405 and opens the public hearing on HB 2590.

HB 2590 – PUBLIC HEARING

317

Janet Adkins

Committee Administrator.  Explains HB 2590. Submits -2 amendments (EXHIBIT H).

344

Andrew Leisinger

Chairman, State Landscape Architect Board.  Submits informational packet in support of HB 2590 (EXHIBIT G)

368

Susanne Knight

Contract Administrator, State Landscape Architect Board (SLAB).  Discusses the audit that was done by the Fiscal Office of the SLAB.  Talks about some of the problems that were found with the SLAB.  Gives an example of how past administrators changed rules without going through the proper procedure to change the rules.  Explains that she is trying to get the SLAB back into line with the law.

TAPE 51, A

014

Rep. Schaufler

Praises Ms. Knight’s work.

018

Knight

Talks about how administrators are in very powerful positions because they control the flow of information.  Notes that the past administrator withheld past audit information.  Talks about why it is important to put the registration date into statute. 

060

Knight

Says that, as a staff of one, HB 2590 makes sense for her workload.

065

Rep. Kitts

Praises Ms. Knight’s work. 

069

Rep. Schaufler

Says that the legislature is here to help.

072

Leisinger

States that they are trying to running a good board and that Ms. Knight has everything on track for the SLAB. 

083

Knight

Explains the honor of being an administrator.  States that the audit review has put into place a committee to help educate new board members about what the best practices are and this helps board members figure out what to watch for as members.  Gives credit to the fiscal office and the review that was done.

107

Rep. Esquivel

Praises Ms. Knight’s work.

115

Chair Brown

Closes the public hearing on HB 2590 and opens the work session on HB 2590

HB 2590 – WORK SESSION

117

Rep. Esquivel

MOTION:  Moves to ADOPT HB 2590-2 amendments dated 03/09/05.

122

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

124

Rep. Kitts

MOTION:  Moves to RESCIND the SUBSEQUENT REFERRAL to the committee on Ways and Means for HB 2590.

129

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

134

Rep. Esquivel

MOTION:  Moves HB 2590 to the floor with a DO PASS AS AMENDED recommendation.

139

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

REP. KITTS will lead discussion on the floor.

148

Adkins

Mentions that Adrienne Sexton was instrumental in a lot of the oversight of the small boards.

153

Rep. Kitts

Asks for other people’s names to be emailed to him who were instrumental in the process.

157

Chair Brown

Closes the work session on HB 2590 and opens the work session on HB 2160 for the purpose of allowing Rep. Kitts to vote.

HB 2160 – WORK SESSION

158

Rep. Esquivel

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KITTS to BE RECORDED as voting AYE on the motion to move HB 2160 to the floor with a DO PASS AS AMENDED recommendation.

162

 

VOTE:  7-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

185

Janet Adkins

Committee Administrator.  Mentions that the amendments came out for HB 2214 on the Senate side.  Offers to provide the amendments for the committee. 

190

Chair Brown

Closes the work session on HB 2160 for the purpose of allowing Rep. Kitts to vote.  Adjourns the meeting at 9:19 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2160, -2 amendments, staff, 2 pp
  2. HB 2091, -1 amendments, staff, 1 p
  3. HB 2091, written testimony, John Shilts, 2 pp
  4. HB 2091, written testimony, Maureen Brock, 2 pp
  5. HB 2405, -1 amendments, staff, 4 pp
  6. HB 2405, written testimony, Martin Alvey, 3 pp
  7. HB 2590, informational packet, Andrew Leisinger, 21 pp
  8. HB 2590, -2 amendments, staff, 1 p