SENATE COMMITTEE ON COMMERCE

 

CORRECTED May 9, 2005

February 3, 2005                                                                                                     Hearing Room C

3:10 P.M.                                                                                                                        Tapes 9 - 10

 

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

 

MEMBER EXCUSED:          Sen. Doug Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD & WITNESSES:      

                                                Bureau of Labor and Industries - Informational Meeting

                                                SB 172 - Public Hearing and Work Session

                                                      SB 119 - Public Hearing

 

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 9, A

005

Chair Prozanski

Calls the meeting to order at 3:17 p.m. Opens informational meeting on the Bureau of Labor and Industries (BOLI).

BUREAU OF LABOR AND INDUSTRIES - INFORMATIONAL MEETING

010

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Introduces himself.  Submits and presents an informational packet regarding the Bureau of Labor and Industries (EXHIBIT A). Discusses the divisions of the Bureau. Continues and discusses the background and purpose of BOLI.

060

Christine Hammond

Administrator, Wage and Hour Division, BOLI. Discusses the Wage and Hour Division.

110

Chair Prozanski

Inquires if there is a cap to the Wage Security Fund.

115

Annette Talbott

Deputy Commissioner, BOLI.  Answers that there is not a cap to the fund, but the amount has to last for two (2) full years.

128

Hammond

Discusses child labor provisions. Discusses prevailing wage rate law. 

155

Hammond

Discusses wage claims and private employment agency law.

180

Amy Klare

Administrator, Civil Rights Division, BOLI. Gives overview and background on the Civil Rights Division.

215

Chair Prozanski

Inquires as to the discrimination complaint investigators’ office locations.

217

Klare

Answers that the locations are divided throughout the state.

230

Chair Prozanski

Asks why there are vacancies in the positions.

231

Klare

Answers that they plan to fill the positions.

232

Gardner

Comments regarding the reason for vacancy of employees.

235

Klare

Discusses claims brought to the Civil Rights Division.  

290

Gardner

Introduces Steve Simms.  Refers to EXHIBIT A.

300

Steve Simms

Director, Apprenticeship and Training Division, BOLI. Discusses the Apprenticeship and Training Division. 

370

Simms

Discusses the Division’s activities and goals.

445

Chair Prozanski

Asks the Division’s plans to implement their program in high schools.

455

Simms

Responds.   

TAPE 10, A

040

Gardner

Thanks committee members. Asks if there are any further questions.

045

Chair Prozanski

Thanks witnesses and comments on their testimonies. Closes informational meeting on the Bureau of Labor and Industries and opens public hearing on SB 172.

SB 172 - PUBLIC HEARING

065

Anna Braun

Committee Administrator.  Gives an overview of SB 172.

070

John Shilts

Administrator, Workers Compensation Division, Department of Consumer and Business Services. Discusses and submits written testimony in support of SB 172 (EXHIBIT B). Discusses background on SB 172.

110

Shilts

Discusses the three technical aspects that the bill addresses regarding workers compensation law.

155

Sen. Beyer

Inquires if the Management Labor Advisory Committee (MLAC) has reviewed SB 172.

160

Shilts

Answers that MLAC has reviewed the bill and has approved it to go forward to the legislature.

165

Ed Johnston

Lincoln County, Oregon.  Discusses personal experience as an injured worker.  Discusses concerns regarding SB 172.

200

Chair Prozanski

Closes public hearing on SB 172 and opens work session on SB 172.

SB 172 – WORK SESSION

210

Sen. Beyer

MOTION:  Moves SB 172 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 – Sen. Ringo, Sen. Whitsett

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

225

Chair Prozanski

Closes work session on SB 172 and opens public hearing on SB 119.

SB 119 – PUBLIC HEARING

230

Anna Braun

Committee Administrator.  Gives overview of SB 119.

240

John Shilts

Administrator, Workers Compensation Division, Department of Consumer and Business Services. Remarks that an amendment is currently being drafted on SB 119. Discusses support of SB 119.

270

Shilts

Discusses preferred worker program. 

325

Shilts

Discusses efforts to assist employees and the desire to clarify this ability through statute.

360

Sen. Burdick

Inquires regarding the need to move the definition of a preferred worker in the statute.

365

Shilts

Clarifies the need of moving the definition.

375

Sen. Burdick

Clarifies understanding of the need to move the definition.

380

Shilts

Remarks that the bill will increase workers’ ability to use the preferred worker program. Explains and discusses the amendment to SB 119.

425

Chair Prozanski

Asks for a clarification regarding reimbursement of payment for vocational assistance by insurers.

430

Shilts

Answers clarification. Requests that SB 119 be held until the amendment is final.

450

Chair Prozanski

Remarks that the committee was not aware of an amendment being drafted.   

470

Sen. Beyer

Inquires as to the financial status of the worker benefit fund.

TAPE 9, B

035

Shilts

Answers that the fund is doing very well.

040

Sen. Beyer

Inquires regarding withdrawals to a fund to balance the budget last legislative session.

045

Shilts

Answers question.

050

Sen. Beyer

Inquires if the bill will jeopardize the worker benefit fund.

052

Shilts

Answers that they do not think it will adversely affect the fund balance.

055

Chair Prozanski

Inquires as to how many workers the Department estimates will qualify for preferred worker program benefits if the bill passes.

060

Shilts

Answer question. Provides an estimated number of workers.

070

Ted Swigert

Field Services Manager, Department of Human Services.  Discusses support of Senate Bill 119. Discusses efforts of the Department to assist workers.

090

Shilts

Comments regarding amendment to the bill.

095

Chair Prozanski

Asks Shilts if he knows when the amendment will be final.

100

Shilts

Answers question.

101

Chair Prozanski

Asks for notice when the amendment is final.

105

Ed Johnston

Lincoln County, Oregon.  Discusses personal experience as an injured worker. Discusses concerns of SB 119.  Remarks that he is currently going through the preferred worker program. 

131

Chair Prozanski

Asks if Johnston has reviewed bill.

132

Johnston

Answers that he has not read the entire bill.

135

Chair Prozanski

Comments that the bill was written to assist employees and will allow more workers to take part in the preferred worker program.

140

Johnston

Continues to discuss personal experience and concerns.

160

Chair Prozanski

Closes public hearing on SB 119.

169

Braun

Discusses upcoming out of building committee meeting.

174

Chair Prozanski

Adjourns the meeting at 4:35 p.m.

 

 

EXHIBIT SUMMARY

 

  1. Bureau of Labor and Industries, informational packet, Dan Gardner, 33 pp
  2. SB 172, written testimony, John Shilts, 3 pp