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