HOUSE COMMITTEE ON
VETERANS' AFFAIRS
May 4, 2005 Hearing Room E
3:30 P.M. Tapes 88 - 90
Corrected 10/17/05
MEMBERS PRESENT: Rep. Donna Nelson, Chair
Rep. Phil Barnhart, Vice-Chair
Rep. Debi Farr, Vice-Chair
Rep. Brian Boquist
Rep. Scott Bruun
Rep. Dave Hunt
Rep. Betty Komp
STAFF PRESENT: Jim Stembridge, Committee Administrator
Erin Seiler, Committee Assistant
MEASURES/ISSUES HEARD:
HB 2677 – Work Session
HB 2700 – Public Hearing and Work Session
HB 2737 – Work Session
HB 2843 – Work Session
HB 2847 – Work Session
HB 2933 – Work Session
HB 2945 – Work Session
HB 3096 – Work Session
HJR 47- Work Session
HB 3325 – Work Session
HJM 14 –Work Session
HJM 18 – Work Session
HJM 31 – 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 88, A |
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002 |
Chair Nelson |
Opens the meeting at 3:38 p.m. Opens the work session on HB 2677. |
HB 2677 – WORK SESSION |
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035 |
Jim Stembridge |
Committee Administrator. Explains HB 2677, which creates Oregon National Guard Life Insurance Reimbursement Program and Oregon National Guard Life Insurance Reimbursement Program Fund. Submits and summarizes -1 amendments (EXHIBIT A). Submits and summarizes -2 amendments (EXHIBIT B). Submits and summarizes -3 amendments (EXHIBIT C). |
077 |
Mac Macdonald |
Representative, Veterans’ Organization. Questions why Oregon Reservists are excluded from participating in life insurance program. |
089 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Explains why it would be difficult for OMD to administer program for Reservists. |
101 |
Rep. Hunt |
Verifies that the pending federal supplemental program would include all military soldiers. |
105 |
Caldwell |
Reiterates the difficulties of including members of the military who are outside the purview of the OMD. |
114 |
Rep. Hunt |
Clarifies that the fiscal statement is based only on the life insurance coverage of Oregon National Guard soldiers. |
122 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2677-3 amendments dated 05/02/05. |
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VOTE: 7-0-0 |
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Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
124 |
Rep. Farr |
MOTION: Moves HB 2677 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
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|
VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
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Chair Nelson |
The motion CARRIES. |
137 |
Chair Nelson |
Closes the work session on HB 2677. Opens a public hearing and work session on HB 2700. |
HB 2700 - PUBLIC HEARING AND WORK SESSION |
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146 |
Jim Stembridge |
Committee Administrator. Explains HB 2700, which directs Director of Veterans’ Affairs to establish Veterans’ Service Officer Expansion Program. Submits and summarizes -3 amendments (EXHIBIT D). Submits and summarizes -4 amendments (EXHIBIT E). Submits and summarizes -5 amendments (EXHIBIT F). Submits and summarizes -6 amendments (EXHIBIT G). |
189 |
Douglass T. MacEllven |
Representative, Washington County Aging and Veteran Services. Submits information packet in support of HB 2700 which includes the written testimony of Jeff Hill, County Veterans’ Service Officers Accreditation and Training report, and County Veterans’ Service Officers Quarterly Report on Activities (EXHIBIT H). |
191 |
Joseph J. Reiley |
County Veteran Service Officer, Lane County. Submits and summarizes written testimony in support of HB 2700 with -4 amendments and -6 amendments (EXHIBIT I). |
192 |
Reiley |
Submits information packet in support of HB 2700 which includes email correspondence, CEST report, written testimony of Jacqueline Zimmer, and Geographic Distribution of Veterans’ Affairs Expenditures in Oregon chart (EXHIBIT J). |
221 |
Chair Nelson |
Explains why expansion program requires County Veterans’ Service Officers to coordinate any state and federal benefits available to a veteran. |
250 |
Rep. Farr |
Questions whether the concern is related to the legality of coordinating of benefits state and federal benefits. |
264 |
Reiley |
Cautions against implementing program requirements that could adversely impact the availability of benefits a veteran. |
290 |
Chair Nelson |
Addresses the purpose of expanding the responsibilities of County Veterans’ Service Officer through the expansion program. |
298 |
Reiley |
Speaks to concern with language regarding the nature of state certification for County Veterans’ Service Officers. |
330 |
MacEllven |
Points out that the Oregon County Veterans’ Service Officers Associations (OCVSOA) and Oregon Department of Veterans’ Affairs (ODVA) have formed a joint committee for education and training of officers. |
335 |
Reiley |
Speaks to the cooperate efforts of OCVSOA and ODVA on behalf of veterans. |
350 |
Chair Nelson |
Discusses how the language in -3 amendments could be changed to accurately reflect the cooperative relationship between OCVSOA and ODVA. |
400 |
MacEllven |
States support of County Veterans’ Service Officer Jeff Hill. |
406 |
Chair Nelson |
Asks if the language in -3 amendments relating to the adoption of funding criteria by ODVA is acceptable to OACVSO. |
429 |
Reiley |
Explains why language in -3 amendments is not acceptable and how -4 amendments contain the appropriate funding formula for the expansion program. |
TAPE 89, A |
||
015 |
Reiley |
Explains why language in -3 amendments relating to qualifications and funding for state certification program could be misused by “rogue County Veterans Service Officers.” |
022 |
Chair Nelson |
Justifies the need for the accreditation criteria to be a County Veterans’ Service Officer. |
025 |
Reiley |
Identifies and explains the existing state and federal accreditation process for County Veterans’ Service Officers. |
036 |
MacEllven |
Points out that the national service associations do have accreditation and training agreements with the United States Department of Veterans Affairs. |
038 |
Reiley |
Speaks to concern with funding level set in -3 amendments. |
058 |
MacEllven |
Explains how OCVSOA has been working to increase the staffing levels in all counties. |
065 |
Rep. Hunt |
Asks if OCVSOA is satisfied with language in -4 amendments. |
069 |
Reilly |
States that all the major concerns of OCVSOA are addressed in -4 amendments and -6 amendments. |
075 |
Rep. Hunt |
Asks if there is potential for a county to “oversubscribe” the needs of veterans to increase funding level. |
080 |
Reiley |
Explains the basis for determining the $5 million dollar budget estimate. |
095 |
MacEllven |
States why it is “unlikely” that any county would be overstaffed. |
109 |
Mac MacDonald |
Representative, Veterans’ Organization. Explains why funding for National Veterans’ Service Officers should be included in HB 2700. |
130 |
Chair Nelson |
Asks if National Veterans’ Service Officers are being paid by federal government |
133 |
MacDonald |
Explains the funding sources for National Veterans’ Service Officers. |
158 |
Chair Nelson |
Asks how the bill “ties the director hand to anything.” |
161 |
MacDonald |
States why ODVA director must have flexibility to act in the best interest of veterans. |
178 |
Rep. Farr |
Asks if SB 10 was amended by Ways and Means Committee. |
181 |
Stembridge |
Explains how SB 10 was amended to better align with HB 2700. |
193 |
Paula Brown |
Deputy Director, ODVA. |
198 |
Chair Nelson |
Asks how HB 2700 ties the hands of the director of ODVA. |
202 |
Brown |
Cites examples of several provisions that could potentially tie the hands of the director of ODVA. |
225 |
Furlton Burns |
Member, ODVA Advisor Board. Testifies in support of HB 2700. |
253 |
Kevin O’Reilly |
Government Relations/Advocacy Director, Oregon Paralyzed Veterans of America. Explains why all Veterans’ Service Officers should be state certified. |
313 |
Brown |
Testifies in support of HB 2700 with -5 amendments. |
389 |
Val Conley |
Veterans’ Service Division Administrator, ODVA. Testifies in support of HB 2700. |
411 |
Brown |
Clarifies that ODVA supports the inclusion of all veterans’ service officers in certification process. |
425 |
Rep. Barnhart |
Verifies how -5 amendments are different for the other purposed amendments. |
TAPE 88, B |
||
018 |
Reiley |
Speaks in opposition to the proposed accreditation and standardization procedures for County Veterans’ Service Officers. |
The following written testimony is submitted for the record without public testimony: |
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Frank Freyer |
Aging and Disability Services Employee, Multnomah County. Submits written testimony in support of HB 2700 (EXHIBIT K). |
071 |
Chair Nelson |
Closes the public hearing and work session on HB 2700. Opens the work session on HB 2737. |
HB 2737 – WORK SESSION |
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076 |
Jim Stembridge |
Committee Administrator. Explains HB 2737, creates Oregon Military Family Relief Program in Oregon Military Department. Submits and summarizes -1 amendments (EXHIBIT L). Submits and summarizes -2 amendments (EXHIBIT M). |
089 |
Chair Nelson |
Recesses the meeting at 4:45 p.m. |
090 |
Chair Nelson |
Reconvenes the meeting at 4:47 p.m. |
092 |
Chair Nelson |
Explains intent of HB 2737. |
135 |
Rep. Barnhart |
MOTION: Moves to ADOPT HB 2737-2 amendments dated 05/02/05. |
139 |
Rep. Hunt |
Verifies that all organizations listed on the front cover would be subject to the rotation system, even if the organization met the 50,000 signature requirement. |
146 |
Rep. Hunt |
Objects to the motion to adopt -2 amendments. |
153 |
Rep. Bruun |
Questions the inclusion of a stipulation in -2 amendments that makes access to relief funds contingent on an Oregon National Guard being ordered to active duty. |
161 |
Chair Nelson |
Discusses several changes that need to be made before action will be taken on HB 2737. |
182 |
Rep. Barnhart |
Withdraws motion to adopt -2 amendments. |
185 |
Chair Nelson |
Closes the work session on HB 2737. Opens a work session on HB 2843. |
HB 2843 – WORK SESSION |
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189 |
Jim Stembridge |
Committee Administrator. Explains HB 2843, which requires waiver of occupational and professional license, certificate, permit, and registration fees for veterans. Submits and summarizes -1 amendments (EXHIBIT N). Submits and summarizes -2 amendments (EXHIBIT O). |
209 |
Chair Nelson |
Explains the importance of HB 2843. |
250 |
Rep. Boquist |
MOTION: Moves to ADOPT HB 2843-2 amendments dated 04/25/05. |
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VOTE: 7-0-0 |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
261 |
Rep. Bruun |
Verifies that a soldier can attain multiple licenses during the one year eligibility period. |
270 |
Rep. Boquist |
MOTION: Moves HB 2843 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
313 |
Rep. Bruun |
Expresses opposition to the bill. |
331 |
Rep. Boquist |
Explains the intent of bill and how it will assist a significant number of veterans with a small fiscal impact. |
343 |
Rep. Hunt |
Expresses opposition to the bill. |
358 |
Chair Nelson |
Expresses support for the bill. |
400 |
|
VOTE: 4-2-1 AYE: 4 - Barnhart, Boquist, Komp, Nelson NAY: 2 - Bruun, Hunt EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. BOQUIST will lead discussion on the floor. |
404 |
Chair Nelson |
Closes the work session on HB 2843. Opens the work session on HB 2847. |
HB 2847- WORK SESSION |
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428 |
Jim Stembridge |
Committee Administrator. Explains HB 2847, which requires that Oregon Veterans’ Home Account be permanently listed on individual tax return form for charitable contribution purposes. Submits and summarize -2 amendments (EXHIBIT P). |
TAPE 89, B |
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006 |
Rep. Bruun |
MOTION: Moves to ADOPT HB 2847-2 amendments dated 05/02/05. |
010 |
Rep. Hunt |
States objection to the motion to adopt -2 amendments. |
016 |
Rep. Boquist |
Verifies that establishing a rotation system removes those organizations mandated by law to be on the front page of tax form. |
030 |
Rep. Komp |
States objection to the motion to adopt -2 amendments. |
041 |
Chair Nelson |
Closes the work session on HB 2847. Opens the work session on HB 2933. |
HB 2933 – WORK SESSION |
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041 |
Jim Stembridge |
Committee Administrator. Explains HB 2933, which provides that outstanding income tax liabilities of active duty military personnel shall be held in abeyance until six months after active duty service ceases and shall be discharged if taxpayer is killed in action. Submits and summarizes -1 amendments (EXHIBIT Q). |
063 |
Rep. Hunt |
MOTION: Moves to ADOPT HB 2933-1 amendments dated 04//26/05. |
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VOTE: 6-0-1 EXCUSED: 1 - Farr |
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Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
066 |
Rep. Hunt |
MOTION: Moves HB 2933 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
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VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
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Chair Nelson |
The motion CARRIES. |
082 |
Chair Nelson |
Closes the work session on HB 2933. Opens the work session on HB 2945. |
HB 2945 – WORK SESSION |
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087 |
Jim Stembridge |
Committee Administrator. Explains 2945, which modifies property tax exemption for veterans’ residences. Submits and summarizes -1 amendments (EXHIBIT R). |
100 |
Chair Nelson |
Submits and summarizes written testimony on behalf of Jerry Ryan in support of HB 2945 (EXHIBIT S). |
118 |
Rep. Hunt |
MOTION: Moves to ADOPT HB 2945-1 amendments dated 05/03/05. |
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VOTE: 6-0-1 EXCUSED: 1 - Farr |
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Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
123 |
Rep. Hunt |
MOTION: Moves HB 2945 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
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VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
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Chair Nelson |
The motion CARRIES. |
135 |
Chair Nelson |
Closes the work session on HB 2945. Opens the work session on HB 3096. |
HB 3096 – WORK SESSION |
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150 |
Jim Stembridge |
Committee Administrator. Explains HB 3096, which provides automatic connection to changes in federal tax law related to taxation of combat zone compensation received by certain members of armed forces. |
156 |
Rep. Bruun |
MOTION: Moves HB 3096 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference. |
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VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
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Chair Nelson |
The motion CARRIES. |
173 |
Chair Nelson |
Closes the work session on HB 3096. Opens a work session on HB 3325 and HJR 47. |
HB 3325/HJR 47 – WORK SESSION |
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185 |
Jim Stembridge |
Committee Administrator. Explains HJR 47, which proposes amendment to Oregon Constitution relating to eligibility for farm or home loan from Oregon War Veterans’ Fund. Submits and summarizes HJR 47 -1 amendments (EXHIBIT T). Explains HB 3325, which modifies reference to persons who qualify for loans from veterans’ loan program. Submits and summarizes HB 3325 -1 amendments (EXHIBIT U). |
221 |
Rep. Hunt |
MOTION: Moves to ADOPT HJR 47-1 amendments dated 04/29/05. |
250 |
Rep. Barnhart |
Questions the necessity for both measures. |
259 |
Bruce Shriver |
Chief Financial Officer, Oregon Department of Veterans’ Affairs (ODVA). Explains the necessity for both HJR 47 and HB 3325. |
277 |
Dee Carlson |
Attorney, Oregon Department of Justice. Verifies the constitutional legality of both measures. |
299 |
Rep. Barnhart |
Questions whether HJR 47 will align with federal law if it is changed. |
302 |
Carlson |
Confirms that HJR 47 would align with federal law and would extend eligibility for home loan to members of the Oregon National Guard and Reserves who complete initial term of service. |
314 |
Rep. Barnhart |
Verifies what monies would be available to ODVA for the Veterans’ Home Loan Program if both bills passed. |
338 |
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VOTE: 6-0-1 EXCUSED: 1 - Farr |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
360 |
Rep. Hunt |
MOTION: Moves HJR 47 to the floor with a BE ADOPTED AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules by prior reference. |
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|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. |
380 |
Rep. Bruun |
MOTION: Moves to ADOPT HB 3325-1 amendments dated 04/29/05. |
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VOTE: 5-0-2 EXCUSED: 2 – Farr, Komp |
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Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
398 |
Rep. Bruun |
MOTION: Moves HB 3325 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules. |
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VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 – Farr, Komp |
|
Chair Nelson |
The motion CARRIES. |
TAPE 90, A |
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002 |
Chair Nelson |
Closes the work session on HJR 47 and HB 3325. Opens the work session on HJM 14. |
HJM 14 – WORK SESSION |
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004 |
Jim Stembridge |
Committee Administrator. Explains HJM 14, which urges Congress to fund health care for veterans without increased co-payments and user fees. Submits and summarizes -1 amendments (EXHIBIT V). |
017 |
Chair Nelson |
Closes the work session on HJM 14 and opens a work session on HB 3325. |
HB 3325 – WORK SESSION |
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018 |
Rep. Nelson |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow REP. KOMP to BE RECORDED as voting AYE on the “MOTION: Moves HB 3325 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules". |
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|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. |
021 |
Chair Nelson |
Closes the work session on HB 3325 and reopens a work session on HJM 14. |
HJM 14 – WORK SESSION |
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030 |
Rep. Bruun |
MOTION: Moves to ADOPT HJM 14-1 amendments dated 04/28/05. |
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VOTE: 5-0-2 EXCUSED: 2 - Farr, Hunt |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
034 |
Rep. Bruun |
MOTION: Moves HJM 14 be sent to the floor with a BE ADOPTED AS AMENDED recommendation. |
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|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Farr, Hunt |
|
Chair Nelson |
The motion CARRIES. REP. Bruun will lead discussion on the floor. |
055 |
Chair Nelson |
Closes the work session on HJM 14. Opens work session on HJM 18. |
HJM 18 – WORK SESSION |
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060 |
Jim Stembridge |
Committee Administrator. Explains HJM 18, which urges Congress to change funding of veterans’ health care from discretionary entitlement to permanent and direct entitlement. Submits and summarizes -1 amendments (EXHIBIT W). |
062 |
Mike Sullivan |
Lobbyist, Association of Western Pulp and Paper Workers. Testifies in support of HJM 18. |
083 |
Mac MacDonald |
Representative, Veterans’ Organization. Testifies in support of HJM 18. |
097 |
Chair Nelson |
Identifies the need for a conceptual amendment that would change “permanent” to “mandated.” |
112 |
Rep. Bruun |
Points out that Merchant Marine need to be added. |
123 |
Rep. Barnhart |
MOTION: Moves to ADOPT HJM 18-1 amendments dated 03/18/05 and that the measure be FURTHER AMENDED on page 1, line 7, by inserting "mandated" after "funded by" and on page 1, line 8, by inserting "Merchant Marine" after "Guard,". |
149 |
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VOTE: 4-0-3 EXCUSED: 3 - Farr, Hunt, Komp |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
150 |
Rep. Barnhart |
MOTION: Moves HJM 18 be sent to the floor with a BE ADOPTED AS AMENDED recommendation. |
162 |
|
VOTE: 4-0-3 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Farr, Hunt, Komp |
|
Chair Nelson |
The motion CARRIES. REP. Komp will lead discussion on the floor. |
167 |
Chair Nelson |
Closes the work session on HJM 18. Opens the work session on HJM 31. |
HJM 31 – WORK SESSION |
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172 |
Jim Stembridge |
Committee Administrator. Explains HJM 31, which urges Congress to amend definition of “veteran” in federal law to include all soldiers who served on behalf of this nation. |
178 |
Chair Nelson |
Closes the work session on HJM 31. Opens the work session on HJM 18. |
HJM 18 – WORK SESSION |
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185 |
Rep. Nelson |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow REP. KOMP to BE RECORDED as voting AYE on the “MOTION: Moves HJM 18 be sent to the floor with a BE ADOPTED AS AMENDED recommendation". |
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VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Farr, Hunt |
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Chair Nelson |
The motion CARRIES. REP. Komp will lead discussion on the floor. |
187 |
Chair Nelson |
Closes the work session on HJM 18. Opens the work session on HJM 31. |
HJM 31 – WORK SESSION |
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196 |
Rep. Barnhart |
MOTION: Moves HJM 31 be sent to the floor with a BE ADOPTED recommendation. |
201 |
Rep. Barnhart |
Explains purpose of HJM 31. |
217 |
|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Farr, Hunt |
|
Chair Nelson |
The motion CARRIES. REP. Boquist will lead discussion on the floor. |
230 |
Chair Nelson |
Closes the work session on HJM 31. |
251 |
Chair Nelson |
Adjourns the meeting at 5:56 p.m. |
EXHIBIT SUMMARY
The following written testimony is submitted for the record without public testimony: