HOUSE COMMITTEE ON
VETERANS' AFFAIRS
May 5, 2005 Hearing Room C
8:30 A.M. Tapes 91 - 93
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 2737 – Work Session
HB 2847 – Work Session
HB 3333 – Work Session
HB 2864 – Work Session
HB 2844 – Work Session
HB 2846 – Work Session
HJM 13 – Work Session
HCR 14 – Work Session
HB 3413 – Work Session
HJM 15 – Work Session
HJM 16 – Work Session
HJM 21 – Work Session
HJM 32 – Work Session
HJM 33 – Work Session
HJM 34 – Work Session
HB 3331 – Work Session
HB 2700 – 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 91, A |
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002 |
Chair Nelson |
Opens the meeting at 8:36 a.m. Opens the work session on HB 2737. |
HB 2737 - WORK SESSION |
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036 |
Jim Stembridge |
Committee Administrator. Explains HB 2737, which creates Oregon Military Family Relief Program in Oregon Military Department. Submits and summarizes -3 amendments (EXHIBIT A). |
065 |
Rep. Barnhart |
Explains -3 amendments. |
098 |
Chair Nelson |
Comments on the importance of providing equity to all chartable organizations who participate in the Chartable Check-Off Program. |
105 |
Debra Buchanan |
Legislative Coordinator, Department of Revenue. Explains the administrative procedures of the Chartable Check-Off Programs tax form rotation system, as prescribed by -3 amendments. |
136 |
Chair Nelson |
Asks if the charities required by statute to be on the front of tax forms have to meet any additional requirements. |
140 |
Buchanan |
States that those organizations statutorily required to appear on tax cover do not have to meet any additional requirements. |
150 |
Rep. Barnhart |
Questions if the language granting the Department of Revenue the authority to establish a system for rotating eligible charities is “too limiting.” |
156 |
Buchanan |
States that the language “appears alright” and clarifies the three year eligibility restriction. |
186 |
Buchanan |
Questions if the Oregon Military Relief Fund would be subject to three year participation restriction. |
198 |
Chair Nelson |
Comments how the three year participation restriction needs to be removed. |
204 |
Rep. Barnhart |
Comments on ability to further amend the bill in House Revenue. |
212 |
Rep. Boquist |
Explains why HB 2737 has a subsequent referral to House Revenue. |
241 |
Chair Nelson |
Asks if the Oregon Military Department (OMD) has the personnel and administrative resources to administrate the fund. |
248 |
Colonel Mike Caldwell |
Deputy Director, OMD. Points out that OMD already have established procedures and regulations that govern the distribution of relief funds. |
269 |
Caldwell |
Clarifies that the Oregon Military Relief Fund is a new fund in the OMD budget and will be appropriated on an ongoing basis. |
279 |
Chair Nelson |
Asks if OMD charges a fee to administer the fund. |
289 |
Caldwell |
Explains how OMD already has personnel and budget capabilities to administer fund for Oregon National Guard soldiers, noting, however that the inclusion of Reservist soldiers would have a fiscal impact for OMD. |
350 |
Rep. Boquist |
Explains why it is the responsibility of a Reservist soldier’s chain-of-command to provide OMD the necessary information to attain monies from the relief fund. |
379 |
Rep. Hunt |
Asks whether it is a “fair assumption” that rotating an organization off the front of the tax form would result in a decrease in donations. |
397 |
Buchanan |
Expresses uncertainty that revenue would decrease because an entity has never been rotated off the form. |
TAPE 92, A |
||
005 |
Rep. Boquist |
Verifies the three organizations that are statutorily required to be on the form. |
015 |
Mac MacDonald |
Representative, Veterans’ Organizations. Testifies in support of HB 2737. |
030 |
Rep. Barnhart |
MOTION: Moves to AMEND HB 2737 on page 2, in line 21, after ""(b)," delete "An eligible entity shall be placed into the rotation schedule beginning with its third year of eligibility.", and on page 2, in line 15, after ""(3)(a)," delete “The department shall maximize the number of eligible entities shown on the income tax form., consistent with readability and format. If there is insufficient space on the form to show all eligible entities, the department by rule shall establish a system for rotating eligible entities for inclusion either on the tax form or in the department instructions.". |
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VOTE: 7-0-0 |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
|
|
|
039 |
Rep. Barnhart |
MOTION: Moves to ADOPT HB 2737-3 amendments dated 05/05/05. |
044 |
Rep. Hunt |
States objection to the motion. |
053 |
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
057 |
Rep. Barnhart |
MOTION: Moves HB 2737 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
068 |
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
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||
HB 2847/HB 3333 – WORK SESSION |
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079 |
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 summarizes -2 amendments for HB 2847 (EXHIBIT B). Explains HB 3333, which creates Wounded Soldier Relief Program in Oregon Military Department. Submits and summarizes -2 amendments for HB 3333 (EXHIBIT C). Submits and summarizes -3 amendment for HB 3333 (EXHIBIT D). |
126 |
Rep. Barnhart |
MOTION: Moves to AMEND HB 3333 on page 2, in line 5, after ""(b)," delete "An eligible entity shall be placed into the rotation schedule beginning with its third year of eligibility.", and on page 1, in line 23, after ""(3)(a)," delete "The department shall maximize the number of eligible entities, the department by rule shall establish a system for rotating eligible entities for inclusion on either the tax form or in the department instructions.". |
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|
VOTE: 7-0-0 |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
139 |
Rep. Hunt |
MOTION: Moves to ADOPT HB 3333-3 amendments dated 05/04/05. |
144 |
Rep. Hunt |
States objection to motion. |
149 |
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
151 |
Rep. Barnhart |
MOTION: Moves HB 3333 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
|
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
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|
|
164 |
Irv Fletcher |
Representative, United Steelworkers Local Union 9170. Testifies in support of HB 2847. |
171 |
Chair Nelson |
Summarizes -2 amendments. |
226 |
Mac MacDonald |
Representative, Veterans’ Organizations. Testifies in support of HB 2847. |
238 |
Stembridge |
Asks how the Oregon Veterans’ Home qualified to be in the Charitable Check-Off Program. |
240 |
MacDonald |
Explains how the Oregon Veterans’ Home qualified to be in the Charitable Check-Off Program. |
252 |
Rep. Hunt |
Clarifies the meaning of “permanently listed on the form.” |
272 |
Rep. Barnhart |
States that if the Department of Revenue establishes a rotational system for the Charitable Check-Off Program, HB 2847 is not necessary. |
282 |
Stembridge |
Asks if the Oregon Veterans’ Home is a permanent entity within the Charitable Check-Off Program. |
288 |
MacDonald |
Affirms that the Oregon Veterans’ Home is required to get 10,000 signatures to remain on the cover of the tax form. |
295 |
Rep. Farr |
MOTION: Moves to AMEND HB 2847 on page 2, in line 3, after ""(b)," delete "An eligible entity shall be placed into the rotation schedule beginning with its third year of eligibility.", and on page 1, in line 21, after ""(3)(a)," insert "The department shall maximize the number of eligible entities shown on the income tax form, consistent with readability and format. If there is insufficient space on the form to show all eligible entities, the department by rule shall establish a system for rotating eligible entities for inclusion on either the tax form or in the department instructions". |
318 |
|
VOTE: 7-0-0 |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
320 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2847-2 amendments dated 05/02/05. |
340 |
Rep. Hunt |
States objection to the motion. |
347 |
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
350 |
Rep. Farr |
MOTION: Moves HB 2847 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
366 |
|
VOTE: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
371 |
Chair Nelson |
Closes the work session on HB 3333 and HB 2847. Opens the work session on HB 2864. |
HB 2864 – WORK SESSION |
||
378 |
Jim Stembridge |
Committee Administrator. Explains HB 2864, which creates Veterans’ Discharge Stipend Program to provide temporary income to veterans when discharged from active federal service. Submits and summarizes -2 amendments (EXHIBIT E). |
TAPE 91, B |
||
011 |
Rep. Hunt |
Questions whether the new definition of veteran does cover all soldiers. |
016 |
Rep. Boquist |
Speaks to the accuracy of the definition of veteran in -2 amendments. |
029 |
Chair Nelson |
Addresses the completeness of the bill and how everything “we want protected is there.” |
047 |
Chair Nelson |
Closes the work session on HB 2864. |
053 |
Chair Nelson |
Opens the work session on HB 2844. |
HB 2844 - WORK SESSION |
||
057 |
Jim Stembridge |
Committee Administrator. Explains HB 2844, which limits interest that may be charged on delinquent property taxes imposed on property of members of organized militia called into active service. |
069 |
Rep. Komp |
MOTION: Moves HB 2844 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference. |
082 |
|
VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
Chair Nelson |
The motion CARRIES. |
084 |
Chair Nelson |
Closes the work session on HB 2844. Opens the work session on HB 2846. |
HB 2846 – WORK SESSION |
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088 |
Jim Stembridge |
Committee Administrator. Explains HB 2846, which permits veteran who is eligible for veterans homestead property tax partial exemption and who is at least 70 percent disabled to defer property taxes on portion of homestead that is not exempt. |
092 |
Chair Nelson |
Speaks to why there are amendments that still need to be addressed. |
104 |
Rep. Barnhart |
Points out that all concerns with the bill were resolved by HB 2945. |
116 |
Chair Nelson |
Closes the work session on HB 2846. Opens the work session on HJM 13. |
HJM 13 – WORK SESSION |
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125 |
Jim Stembridge |
Committee Administrator. Explains HJM 13, which urges President and Congress to exempt veterans’ disability and pension income from federal income taxation. Submits and summarizes -1 amendments (EXHIBIT F). |
132 |
Rep. Hunt |
MOTION: Moves to ADOPT HJM 13-1 amendments dated 04/28/05. |
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VOTE: 7-0-0 |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
138 |
Rep. Hunt |
MOTION: Moves HJM 13 be sent to the floor with a BE ADOPTED AS AMENDED recommendation. |
157 |
|
VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
Chair Nelson |
The motion CARRIES. REP. KOMP will lead discussion on the floor. |
169 |
Chair Nelson |
Closes the work session on HJM 13. Opens the work session on HCR 14. |
HCR 14 – WORK SESSION |
||
171 |
Jim Stembridge |
Committee Administrator. Explains HCR 14, which recognizes June 14, 2005, as “Honor Our Oregon National Guard Day.” |
180 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). |
182 |
Chair Nelson |
Asks if there is a more appropriate date to honor Oregon National Guard other then June 14. |
186 |
Caldwell |
Identifies the birthday of the Oregon National Guard as a better day. |
194 |
Chair Nelson |
Closes the work session on HCR 14. Opens the work session on HB 3413. |
HB 3413 – WORK SESSION |
||
200 |
Jim Stembridge |
Committee Administrator. Explains HB 3413, which allows members of specified branches of military to take 15-day leaves of absence from employment for any purpose if member is ordered to federal or state active duty. Submits and summarizes -1 amendments (EXHIBIT G). |
229 |
Rep. Boquist |
Asks for verification of the effect of the bill, -1 amendments, and fiscal impact. |
242 |
Stembridge |
States that the bill would have a substantial fiscal impact. |
258 |
Rep. Farr |
Verifies that 15-days of paid leave are provided. |
267 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Point out that the purpose is for the 15-days of leave to be utilized for only annual training. |
320 |
Caldwell |
Explains how the 15-days of leave have historically been paid by employers. |
346 |
Chair Nelson |
Questions the necessity of the 15-day leave. |
349 |
Caldwell |
Explains the necessity for the 15-days of annual training. |
373 |
Rep. Barnhart |
Asks if there are always 15-days of annual training. |
375 |
Caldwell |
Verifies that there are always 15-days paid leave, noting instances when annual training has been longer. |
390 |
Rep. Barnhart |
Confirms that HB 3143 removes the burden from human resource departments to determine when leave is utilized. |
399 |
Caldwell |
Explains how soldiers utilize annual training leave. |
401 |
Rep. Barnhart |
Clarifies why there is no fiscal impact. |
TAPE 92, B |
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007 |
Rep. Barnhart |
Confirms that HB 3143 is really just “getting rid of obsolete language in the statute” and simplifying human resource procedures. |
033 |
Chair Nelson |
Comments that there is nothing in statute that would prevent an employer from requiring a soldier to use vacation time for annual training. |
038 |
Rep. Barnhart |
Questions whether human resource departments are following the current law regarding annual training requirements. |
042 |
Caldwell |
Speaks to the status of current law and how employers often define annual training. |
079 |
Rep. Boquist |
MOTION: Moves to ADOPT HB 3413-1 amendments dated 04/26/05. |
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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. |
083 |
Rep. Boquist |
MOTION: Moves HB 3143 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
092 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. |
095 |
Chair nelson |
Closes the work session on HB 3413. Opens a work session on HJM 15, HJM 16, and HJM 21. |
HJM 15/HJM16/HJM21 – WORK SESSION |
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105 |
Jim Stembridge |
Committee Administer. Explains HJM 15, which urges Congress to allow returning combat veterans up to 21 days to make transition to civilian life and workplace. Explains HJM 16, which urges Congress to establish grants for veterans starting new businesses. Explains HJM 21, which urges United States Department of Veterans Affairs to demand excellence, promptness and accountability from contracted private providers of health care for active duty and retired members of United States Armed Forces, their families and their survivors. |
117 |
Rep. Barnhart |
MOTION: Moves HJM 15 be sent to the floor with a BE ADOPTED recommendation. |
127 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. REP. HUNT will lead discussion on the floor. |
145 |
Rep. Bruun |
MOTION: Moves HJM 16 be sent to the floor with a BE ADOPTED recommendation. |
|
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VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Boquist, Farr |
|
Chair Nelson |
The motion CARRIES. REP. BRUUN will lead discussion on the floor. |
168 |
Rep. Komp |
MOTION: Moves HJM 21 be sent to the floor with a BE ADOPTED recommendation. |
178 |
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. REP. BOQUIST will lead discussion on the floor. |
181 |
Chair Nelson |
Closes the work session on HJM 15, HJM 16, and HJM 21. Opens a work session on HJM 32, HJM 33, and HJM 34. |
HJM 32/HJM 33/HJM 34 – WORK SESSION |
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189 |
Jim Stembridge |
Committee Administrator. Explains HJM 32, which urges Congress to adopt National Guard and Reserve Retirement Act that provides for National Guard and Reserve members who reach 30 years of service or 55 years of age to immediately receive military retiree pay. |
197 |
Rep. Bruun |
MOTION: Moves HJM 32 be sent to the floor with a BE ADOPTED recommendation. |
|
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Farr |
|
Chair Nelson |
The motion CARRIES. REP. FARR will lead discussion on the floor. |
211 |
Stembridge |
Explains HJM 33, which urges Congress to direct Department of Defense to minimize amount of time members of National Guard are away from home and to ensure that National Guard and Reserve Components remain capable of accomplishing state missions. |
216 |
Rep. Boquist |
MOTION: Moves HJM 33 be sent to the floor with a BE ADOPTED recommendation. |
224 |
Rep. Bruun |
Expresses hesitance to tell Congress how to make training and military deployment decisions. |
237 |
Rep. Boquist |
Speaks to importance of HJM 33. |
254 |
Rep. Bruun |
Comments on the “high level of professionalism” of National Guard soldiers, but questions telling Congress how to make battlefield decisions. |
272 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Testifies in support of HJM 33. |
316 |
Rep. Farr |
Comment on the level of training for Oregon National Guard soldiers at Camp Rilea. |
324 |
Caldwell |
Summarizes the type and complexity of training that occurs at Camp Rilea |
338 |
Rep. Bruun |
Agrees with the content of HJM 33, but disagrees with relating to clause. |
358 |
Rep. Boquist |
Summarizes what “the heart” of HJM 33. |
393 |
Rep. Barnhart |
Confirms that a unit commander would insist on additional training of soldiers were not ready for deployment. |
TAPE 93, A |
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024 |
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VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
Chair Nelson |
The motion CARRIES. REP. BOQUIST will lead discussion on the floor. |
032 |
Stembridge |
Explains HJM 34, which urges Congress to pass National Guard and Reserve Bill of Rights Act of 2005 giving reservists right to quality, affordable health care. Submits and summarizes -1 amendments (EXHIBIT H). |
051 |
Chair Nelson |
Closes the work session on HJM 32, HJM 33, and HJM 34. Opens the work session on HB 3331. |
HB 3331 – WORK SESSION |
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060 |
Jim Stembridge |
Committee Administrator. Explains HB 3331, which increases pay and allowances of Adjutant General and Assistant Adjutants General. Submits and summarizes -1 amendments (EXHIBIT I). |
080 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Submits and summarizes Oregon National Guard Salary Survey chart (EXHIBIT J). |
100 |
Rep. Boquist |
Explains why salary increases are not a financial reality. |
112 |
Rep. Farr |
Agrees that salary increases are not a fiscal reality, stating intent to vote against measure. |
118 |
Rep. Hunt |
Concurs and intends to vote no. |
122 |
Caldwell |
Comments on need to provide comparable salaries and benefits to individuals who manage state agencies. |
137 |
Rep. Hunt |
Supports pay equity amongst state employees, but current fiscal conditions cannot support this action. |
150 |
Chair Nelson |
Closes the work session on HB 3331. Opens the work session on HB 2700. |
HB 2700 – WORK SESSION |
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162 |
Jim Stembridge |
Committee Administrator. Explains HB 2700, which directs Director of Veterans Affairs to establish Veterans’ Service Officer Expansion Program. |
171 |
Rep. Barnhart |
MOTION: Moves to ADOPT HB 2700-3 amendments dated 05/02/05. |
173 |
Rep. Barnhart |
Addresses the importance of establishing the County Veterans’ Service Officers Expansion Program. |
210 |
Chair Nelson |
Speaks to the importance of County Veterans’ Service Officers Expansion Program. |
287 |
Rep. Hunt |
Explains opposition to -3 amendments. |
320 |
Chair Nelson |
States that $5 million dollar budget figure is not a set number. |
336 |
Rep. Barnhart |
Questions what the budget estimate was for SB 10. |
354 |
Rep. Barnhart |
Withdraws motion to adopt -3 amendments. |
367 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2700-3 amendments dated 05/02/05. |
|
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VOTE: 4-3-0 AYE: 4 - Boquist, Farr, Komp, Nelson NAY: 3 - Barnhart, Bruun, Hunt |
|
Chair Nelson |
The motion CARRIES. |
376 |
Rep. Farr |
MOTION: Moves HB 2700 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: 6-1-0 AYE: 6 - Barnhart, Boquist, Bruun, Farr, Komp, Nelson NAY: 1 - Hunt |
|
Chair Nelson |
The motion CARRIES. |
391 |
Chair Nelson |
Closes the work session on HB 2700. Adjourns the meeting at 10:51 a.m. |
EXHIBIT SUMMARY