SENATE COMMITTEE ON COMMERCE

 

 

March 24, 2005                                                                                                       Hearing Room C

3:10 P.M.                                                                                                                     Tapes  41 - 44

Corrected 8/12/05

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

Sen. Doug Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 355 – Public Hearing

                                                SB 935 – Public Hearing

                                                SB 738 – Work Session

                                                SB 912 – Work Session

                                                SB 133 – Work Session

                                                SB 434 – Work Session

                                                SB 386 – Work Session

                                                SB 132 – Work Session

                                                SB 576 – Work Session

                                                SB 119 – Work Session

                                                SB 37 – Work Session

                                                SB 334 – Public Hearing

                                                SB 339 – 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 41, A

005

Chair Prozanski

Calls the meeting to order at 3:15 p.m.  Opens public hearing on SB 355. 

SB 355 – PUBLIC HEARING

013

Anna Braun

Committee Administrator.  Provides an overview of SB 355. Introduces the -1 amendments to SB 355 (EXHIBIT A).

017

Sen. David Nelson

Senate District 29.  Introduces constituent, Margaret Davidson.  Testifies in support of SB 355.

032

Margaret Davidson

Executive Director, Community Connection of Northeast Oregon.  Discusses and submits written testimony in support of SB 355 (EXHIBIT B).

050

Sen. Nelson

Comments that they will stay in contact with the committee to work further on SB 355.

052

Chair Prozanski

Submits written testimony on behalf of Ross Laybourn, Oregon Department of Justice, regarding SB 355 (EXHIBIT C).

056

Chair Prozanski

Closes public hearing on SB 355 and opens public hearing on SB 935.

SB 935 – PUBLIC HEARING

060

Anna Braun

Committee Administrator.  Provides an overview of SB 935. 

070

Sen. Charlie Ringo

Senate District 17.  Testifies in support of SB 935.  Introduces Robin Kilpatrick.  

100

Robin Kilpatrick

Citizen, Clackamas County, Oregon.  Discusses and submits a letter in support of SB 935 (EXHIBIT D).  Relates personal anecdote regarding total loss of auto.

125

Sen. Ringo

Asks Kilpatrick to describe the cost comparisons she found.

127

Kilpatrick

Continues testimony.  Discusses the cost comparisons she found to her vehicle. 

160

Sen. Beyer

Inquires what CCC and ADP are.

165

Kilpatrick

Responds that they are valuation organizations and are different from an appraisal. The companies are CCC Information Services, Inc. (CCC) and ADP Claims Services Group (ADP).

170

Sen. Ringo

Remarks that he understands that CCC and ADP work solely for the insurance industry.  States that this is the most common complaint that the Insurance Division of the Department of Consumer and Business Services (DCBS) receives and that the language of SB 935 was drafted by the Insurance Division.

190

Sen. Beyer

Asks for clarification.

194

Sen. Ringo

Responds.

200

Sen. Beyer

Asks Sen. Ringo how he envisions SB 935 will take effect.

205

Sen. Ringo

Responds.

207

Sen. Beyer

Raises concern with the procedure.

210

Sen. Ringo

Remarks that it provides more guarantee.

213

Sen. Beyer

States that he would like to speak with DCBS about the procedure.

214

Sen. Ringo

Responds that it is a fair question.

225

Neil Jackson

Oregon Trial Lawyers Association.  Discusses and submits written testimony in support of SB 935 (EXHIBIT E).

260

Carl Lundberg

Deputy Administrator, Insurance Division, DCBS.  Discusses and submits written testimony on behalf of Joel Ario, Administrator, Insurance Division, DCBS, in support of SB 935 (EXHIBIT F).

340

Sen. Beyer

Inquires how Lundberg would determine who is on the list.

349

Lundberg

Responds.  Discusses past procedures.

372

Sen. Beyer

Asks who will be compiling the list.

380

Lundberg

Responds.  Comments that SB 935 does not specify who makes the decision. 

405

Sen. Beyer

Comments on the desire to know which criteria will be used.

410

Chair Prozanski

Discusses plans regarding SB 935.

425

Sen. Beyer

Responds to Chair Prozanski.

TAPE 42, A

010

Lundberg

Comments that they would be happy to work with other parties on SB 935.

015

Sen. Ringo

Asks Lundberg’s interpretation of SB 935. Asks if the insurance company selects the two valuation services that are used.

017

Lundberg

Responds.

018

Sen. Ringo

Clarifies his understanding of the valuation process.

020

Lundberg

States that Ringo understands correctly.

025

Shawn Miller

Property Casualty Insurers Association of America (PCI), ADP Claims Services Group.  Discusses and submits written testimony in opposition to SB 935 (EXHIBIT G) and an auto source valuation in opposition to SB 935 (EXHIBIT H)

090

Miller

Summarizes and concludes testimony.

115

Art Chartrand

CCC Information Services, Inc.  Testifies in opposition to SB 935.  Submits written testimony of David D. Merritt, Assistant General Counsel, CCC Information Services, Inc., in opposition to SB 935 (EXHIBIT I).

200

Chartrand

Concludes testimony.

225

Jack Munro

American Insurance Association.  Testifies in opposition to SB 935.

275

Sen. Ringo

Discusses errors in auto source valuations.

295

Chartrand

Remarks that they guarantee the accuracy of their data.

305

Sen. Ringo

Inquires how much money CCC profits per valuation.

307

Chartrand

Responds.

309

Sen. Ringo

Asks if competition is an issue with CCC.

311

Chartrand

Responds.

315

Sen. Ringo

Discusses the need for guidelines in the rule making.

320

Munro

Responds to Sen. Ringo.

330

Chair Prozanski

Discusses the need of a work group. 

340

Sen. Ringo

Comments on appreciation of forming a work group.

343

Miller

Comments on the work group.

350

John Powell

State Farm Insurance Companies, Liberty Northwest.  Testifies in opposition to SB 935.  Submits an excerpt from the DCBS Insurance Division Trade Practices (EXHIBIT J).

390

Ernie Hebert

Claim Training Team Manager, State Farm Insurance Companies.  Testifies in opposition to SB 935. Discusses State Farm’s procedures  in evaluating total loss vehicles.

TAPE 41, B

025

John Powell

Asks if committee members have questions for Hebert.

030

Sen. Ringo

Asks if Hebert would join the workgroup.

032

Hebert

Answers, yes.

040

Chair Prozanski

Closes public hearing on SB 935 and announces that SB 311 will not be heard today and will be carried over.

043

Chair Prozanski

Opens work session on SB 738.

SB 738 – WORK SESSION

 

Anna Braun

Committee Administrator.  Submits the -6 amendments (EXHIBIT K) and the -7 amendments (EXHIBIT L) to SB 738.  

050

Sen. Burdick

MOTION:  Moves to ADOPT SB 738-6 amendments dated 3/21/05.

055

Anna Braun

Committee Administrator.  Provides an overview of SB 738 and the -6 amendments.

060

Chair Prozanski

Clarifies that SB 738 has a subsequent referral to the Ways and Means Committee.

065

Braun

Answers, yes.

070

Sen. Beyer

Discusses concern regarding the revenue impact of SB 738. 

075

Sen. Beyer

MOTION:  Moves to ADOPT SB 738-7 amendments dated 3/24/05.

080

Chair Prozanski

Discusses the revenue impact of SB 738.

083

Braun

Discusses previous testimony regarding the revenue impact of SB 738.

087

Chair Prozanski

Asks Braun to give an overview of the -7 amendments to SB 738.

090

Braun

States understanding that the -7 amendments delay the effective date of SB 738 for two years.

093

Sen. Beyer

Remarks that the -7 amendments asks Congress to implement a federal act.   

098

Chair Prozanski

Responds to Sen. Beyer. Comments on the -7 amendments. 

107

Sen. Beyer

Comments that SB 738 would be better addressed at a national level.

115

Chair Prozanski

Comments that a national standard would be preferred, but it has not happened.  Remarks that SB 738 will limit fires in Oregon.  States that the -6 amendments need to be moved on and he will not be able to support the -7 amendments.

125

Sen. Whitsett

Comments on his disagreement of SB 738 to prevent forest fires.

135

Chair Prozanski

Responds.

143

Sen. Beyer

Comments on previous testimony regarding forest fires. Remarks that SB 738 will have not any affect on wild fires.

160

Chair Prozanski

Responds.  States that he will not support the -7 amendments. Asks for a roll call vote on the -7 amendments to SB 738.

170

 

VOTE:  2-3-0

AYE:               2 - Beyer, Whitsett

NAY:               3 - Burdick, Ringo, Prozanski

 

Chair Prozanski

The motion FAILS.

175

Chair Prozanski

Asks for a roll call vote on the -6 amendments to SB 738.

178

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

182

Sen. Burdick

MOTION:  Moves SB 738 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

193

Chair Prozanski

Closes work session on SB 738 and opens work session on SB 912.

SB 912 – WORK SESSION

198

Anna Braun

Committee Administrator.  Introduces the -5 amendments (EXHIBIT M) and the -6 amendments (EXHIBIT N) to SB 912. Provides on overview of SB 912 and the -6 amendments. States that the -6 amendments direct the Board of Pharmacy to classify over the counter pseudoephedrine (except in liquid and gel cap dosage forms) as not less than a Schedule V controlled substance.

220

Chair Prozanski

Clarifies that the Veterinarian Association’s concerns will be alleviated by the -6 amendments.

223

Braun

Answers, yes.

225

Sen. Beyer

Asks if anyone is in attendance from the  Board of Pharmacy.  Clarifies the need for the -6 amendments.

235

Chair Prozanski

States understanding. Remarks that the statute is needed to prohibit the hard tablets containing pseudoephedrine from sale over the counter in Oregon.

255

Sen. Beyer

Remarks that he does not disagree with Chair Prozanski, but questions the need to put the language in statute if it is currently in rule. Inquires regarding the intent of the -5 amendments to SB 912.

260

Chair Prozanski

States that although he had the -5 amendments drafted, they are an outright ban of the sale of pseudoephedrine hard tablets in Oregon and he feels more comfortable with the -6 amendments.  States that the -6 amendments are necessary to ensure the process of how pseudoephedrine hard tablets are available is not changed without the oversight of the legislature.

273

Sen. Beyer

States that he would like to have a discussion with the Board of Pharmacy on the -5 amendments to SB 912. Discusses desire to understand the problem with the -5 amendments.

288

Chair Prozanski

Responds.  Discusses potential opposition to the -5 amendments.

300

Sen. Beyer

Asks if the -6 amendments require a prescription for hard tablets containing pseudoephedrine.

302

Braun

States that they allow the Board of Pharmacy to require a prescription.

303

Sen. Beyer

Clarifies that the -6 amendments allow the Board of Pharmacy to require a prescription on the hard form of pseudoephedrine.

304

Chair Prozanski

Answers, that is correct.

305

Braun

States that it makes it a Schedule V controlled substance.

309

Sen. Burdick

Asks if the Board of Pharmacy has a mandate to require a prescription.

311

Gary Schnabel

Executive Director, Oregon Board of Pharmacy. Remarks that Tom Holt represents the Oregon State Pharmacy Association and that they represent different organizations.

317

Chair Prozanski

Asks Tom Holt to come to the witness stand.

320

Schnabel

States that the board would not have an option, but would have to require a prescription because a Schedule V controlled substance requires it.

323

Chair Prozanski

States understanding of the administrative rule regarding pseudoephedrine and discusses the emergency rules.

337

Schnabel

Responds. Explains the emergency rules.

353

Tom Holt

Oregon State Pharmacy Association. Discusses ORS 475.045.  Discusses the effects of the -6 amendments.     

400

Sen. Beyer

Clarifies that the -6 amendments do not require a prescription for pseudoephedrine in hard form, but are required to be dispensed by a pharmacist.

405

Holt

Answers, that is correct.

407

Sen. Burdick

Clarifies that they would have the authority to choose to make it required by prescription.

412

Holt

Responds, yes and that he understands it will continue to stay this way.

422

Schnabel

States that he misstated earlier and that Schedule V does not automatically require a prescription.

430

Sen. Whitsett

Asks how the -6 amendments will address veterinarian’s use of pseudoephedrine.

439

Braun

Responds that the -6 amendments state that if a veterinarian is covered by a separate law requiring record keeping, they are exempt from the record keeping part of SB 912.

447

Chair Prozanski

States that the -6 amendments are a step in the right direction, but he will consider the -5 amendments if the other committee members so choose.

TAPE 42,  B

035

Sen. Burdick

States that she would like Sen. Beyer to know that she would support the -5 amendments, but the -6 amendments are a step in the right direction. 

050

Sen. Beyer

Responds to Sen. Burdick.

052

Chair Prozanski

Responds to Sen. Beyer.

055

Sen. Whitsett

Asks if the -6 amendments would require a veterinarian to write a prescription for pseudoephedrine.

063

Holt

Discusses the -5 amendments to SB 912.

067

Sen. Beyer

Asks if the Board of Pharmacy needs SB 912 to adopt a permanent rule. 

070

Schnabel

Remarks that he feels that they have the authority, but there has been some question by stakeholders regarding the Board’s authority.

075

Chair Prozanski

Clarifies that the passage of SB 912 will make certain that the Board of Pharmacy does have the authority.

076

Schnabel

Answers, yes.

077

Sen. Beyer

MOTION:  Moves to ADOPT SB 912-6 amendments dated 3/24/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

082

Sen. Beyer

MOTION:  Moves SB 912 to the floor with a DO PASS AS AMENDED recommendation.

087

Sen. Beyer

Comments that there are several bills currently in the legislature regarding Methamphetamine. Discusses desire for leadership to discuss a plan to combine the bills.

097

Sen. Burdick

Comments that she as the Senate Judiciary Committee Chair held a meeting with the House Judiciary Committee Chair to work on this and they do plan to combine the bills.

103

Chair Prozanski

Comments that he attended the meeting and they plan to do as Sen. Beyer has requested. 

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI AND SEN. BEYER will lead discussion on the floor.

108

Chair Prozanski

Closes work session on SB 912 and opens work session on SB 133.

SB 133 – WORK SESSION

115

Anna Braun

Committee Administrator.  Provides an overview of SB 133. Introduces the -1 amendments (EXHIBIT O) and the -2 amendments (EXHIBIT P) to SB 133.

125

Sen. Beyer

MOTION:  Moves to ADOPT SB 133-1 amendments dated 2/7/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

130

Sen. Beyer

Comments that the -2 amendments were drafted at his request. States that the Legislative Counsel office notified him that the -2 amendments are already in statute.

147

Chair Prozanski

States understanding.

149

Sen. Beyer

States that the -2 amendments are not necessary.

150

Sen. Beyer

MOTION:  Moves SB 133 to the floor with a DO PASS AS AMENDED recommendation.

152

Sen. Whitsett

Discusses previous testimony on SB 133.  States that he questions the need of SB 133.

158

Chair Prozanski

Responds.

175

Christine Hammond

Administrator, Wage and Hour Division, Bureau of Labor and Industries (BOLI).  Responds to Sen. Whitsett’s comments. States that this is not a provision that BOLI typically uses.  Remarks that SB 133 provides damages for anyone who is damaged by a contractor acting without a license.

182

Chair Prozanski

Clarifies that SB 133 is not for BOLI’s benefit.

184

Hammond

Responds.

187

Sen. Whitsett

Comments that the language of SB 133 says that BOLI may bring a lawsuit.

190

Chair Prozanski

Discusses BOLI’s intent to use SB 133.

195

Hammond

Adds that the Bureau is typically not damaged by the action of a farm labor contractor and that is why they would not use the provision.

200

Sen. Whitsett

Comments on confusion of why BOLI needs the right to file suit.

204

Chair Prozanski

Responds.

207

Annette Talbott

Deputy Labor Commissioner, BOLI.  Responds to Sen. Whitsett’s concerns.

214

Sen. Beyer

Asks if any other people have used the provision.

219

Hammond

Responds that farm labor contractors who have lost a contract to someone who acted without a license have used this provision to sue for damages.

230

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

245

Chair Prozanski

Closes work session on SB 133 and opens work session on SB 434.

SB 434 – WORK SESSION

250

Anna Braun

Committee Administrator.  Provides an overview of SB 434.  Introduces the -1 amendments to SB 434 (EXHIBIT Q). States that the City of Portland is in support of the -1 amendments.

255

Sen. Beyer

MOTION:  Moves to ADOPT SB 434-1 amendments dated 3/16/05.

262

Chair Prozanski

Comments that the City of Portland and the Bureau of Labor and Industries (BOLI) worked together to agree on the -1 amendments.

270

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

275

Sen. Beyer

Asks if Braun hand engrossed the -1 amendments into SB 434.

276

Braun

States that she did not because of the length of the amendments.

277

Sen. Beyer

Remarks that he understands the amendments to be a gut and stuff.

278

Sen. Whitsett

Discusses understanding of the -1 amendments to SB 434.

288

Chair Prozanski

Recognizes a nod from BOLI agreeing to Sen. Whitsett’s understanding of the -1 amendments to SB 434.

290

Sen. Beyer

MOTION:  Moves SB 434 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

299

Chair Prozanski

Closes work session on SB 434 and opens work session on SB 386.

 

SB 386 – WORK SESSION

302

Anna Braun

Committee Administrator.  Provides an overview of SB 386. Introduces the -3 amendments to SB 386 (EXHIBIT R).

320

Chair Prozanski

Clarifies that Braun provided the committee members a document showing the changes from the -2 amendments to the -3 amendments.

323

Braun

Responds.

328

Sen. Beyer

Asks if the Management Labor Advisory Committee (MLAC) has reviewed the -3 amendments.

330

Braun

Answers, yes.

332

Chair Prozanski

Responds to Sen. Beyer.

333

Braun

Comments that MLAC met on March 17th.  Remarks that the -3 amendments are not a substantive change.

345

Sen. Beyer

MOTION:  Moves to ADOPT SB 386-3 amendments dated 3/24/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

350

Sen. Beyer

MOTION:  Moves SB 386 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

360

Chair Prozanski

Closes work session on SB 386 and opens work session on SB 132.

SB 132 – WORK SESSION

365

Anna Braun

Committee Administrator.  Provides an overview of SB 132.  Introduces the -1 amendments to SB 132 (EXHIBIT S).

375

Sen. Beyer

Asks if the Management Labor Advisory Committee (MLAC) has reviewed SB 132.

380

John Shilts

Administrator, Workers Compensation Division, Department of Consumer and Business Services.  Nods from the audience that MLAC did review SB 132.

385

Sen. Beyer

MOTION:  Moves to ADOPT SB 132-1 amendments dated 3/10/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

390

Sen. Beyer

MOTION:  Moves SB 132 to the floor with a DO PASS AS AMENDED recommendation.

395

Sen. Beyer

Asks if there is an issue of contractors not providing workers’ compensation coverage.

400

Christine Hammond

Administrator, Wage and Hour Division, Bureau of Labor and Industries (BOLI).  Responds to Sen. Beyer.

410

Sen. Beyer

Clarifies that there has not been a case where workers were injured and not covered.

412

Hammond

Responds that there was not a case, but that it could happen.

TAPE 43, A

010

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

015

Chair Prozanski

Closes work session on SB 132 and opens work session on SB 576.

SB 576 – WORK SESSION

016

Anna Braun

Committee Administrator.  Provides an overview of SB 576. Introduces the -1 amendments to SB 576 (EXHIBIT T).

019

Chair Prozanski

Asks about the -1 amendments.

020

Sen. Beyer

Comments that a work group was going to be formed for SB 576.

025

Chair Prozanski

Discusses intent of the -1 amendments.

028

Sen. Beyer

Discusses concern that caused the need of the -1 amendments.

030

Chair Prozanski

Comments that the -1 amendments should ensure that the scope is narrowed to the person’s professional license or certificate.

033

Sen. Beyer

MOTION:  Moves to ADOPT SB 576-1 amendments dated 3/16/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

035

Sen. Beyer

MOTION:  Moves SB 576 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

040

Chair Prozanski

Closes work session on SB 576 and opens work session on SB 119.

SB 119 – WORK SESSION

043

Anna Braun

Committee Administrator.  Provides an overview of SB 119.  Introduces the -1 amendments to SB 119 (EXHIBIT U).  Discusses the fiscal impact of SB 119.

050

Chair Prozanski

Clarifies that SB 119 does not have to go to the Ways and Means Committee because it is in the Governor’s budget.

052

Braun

Answers, yes.

053

Sen. Beyer

Asks if written testimony was provided on SB 119.

055

Braun

Directs Sen. Beyer to the information.

059

Sen. Beyer

Asks if SB 119 has been reviewed by the Management Labor Advisory Committee (MLAC).

060

Braun

Answers, yes.

061

Chair Prozanski

Answers, yes to Sen. Beyer.

062

Sen. Beyer

MOTION:  Moves to ADOPT SB 119-1 amendments dated 3/18/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

067

Sen. Beyer

MOTION:  Moves SB 119 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

073

Chair Prozanski

Closes work session on SB 119 and opens work session on SB 37.

SB 37 – WORK SESSION

075

Anna Braun

Committee Administrator.  Provides an overview of SB 37.  Introduces the -1 amendments to SB 37 (EXHIBIT V).

083

Chair Prozanski

Asks Sen. Beyer if he worked with the Employment Department on the -1 amendments.

085

Sen. Beyer

Discusses work on the -1 amendments to SB 37.

095

Renée Bryant

Tax Section Manager, Employment Department.  Discusses the -1 amendments to SB 37.

100

Sen. Beyer

MOTION:  Moves to ADOPT SB 37-1 amendments dated 3/14/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

103

Sen. Beyer

MOTION:  Moves SB 37 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

108

Chair Prozanski

Closes work session on SB 37 and opens public hearing on SB 334 and SB 339.

SB 334, SB 339 – PUBLIC HEARING

123

Anna Braun

Committee Administrator.  Provides an overview of SB 334 and SB 339.

140

Neil Jackson

Oregon Trial Lawyers Association.  Discusses and submits written testimony in support of SB 334 (EXHIBIT W).

The following is submitted for the record without public testimony:

 

Billy Sime

Oregon Association of Defense Counsel.  Submits written testimony in opposition to SB 339 (EXHIBIT X).

 

John Clements

Claims Analyst, Safeco Insurance Company of Oregon.  Submits written testimony in opposition to SB 339 (EXHIBIT Y).

 

Joan Buck

Oregon Self-Insurers Association.  Submits written testimony in opposition to SB 339 (EXHIBIT Z).

162

Chair Prozanski

Asks John Powell and Billy Sime if he can close the public hearing for SB 339 as they are signed up as opponents to SB 339 and there are no proponents present for the bill.

163

John Powell

State Farm Insurance Companies. Nods, yes from the audience.

164

Billy Sime

Oregon Association of Defense Counsel.  Nods, yes from the audience.

165

Chair Prozanski

Closes public hearing on SB 339 and opens public hearing on SB 334.

SB 334 – PUBLIC HEARING

170

Neil Jackson

Oregon Trial Lawyers Association.  Continues testimony in support of SB 334.  Relates anecdote of a clients’ experience regarding an Independent Medical Examination (IME). Discusses protections available in SB 334.

255

Sen. Whitsett

Asks Jackson if items he discussed were reported to the Oregon Board of Medical Examiners.

260

Jackson

Responds that there is no violation of the ethical rules because medicine is considered an art and not a science.

265

Chair Prozanski

Clarifies Jackson’s comments.

273

Jackson

Responds.

278

Sen. Whitsett

States concern that an IME requires diagnosis and therefore a patient doctor relationship is created.

285

Chair Prozanski

Asks the Committee Administrator to arrange to hear testimony from the Board of Medical Examiners regarding the items discussed.

290

Sen. Whitsett

States desire to speak with the Board of Medical Examiners.

300

Jackson

Comments that the IME reports say on them that no doctor patient relationship is established.

305

Chair Prozanski

Discusses the need for clarification from the Board of Medical Examiners.

310

Sen. Beyer

Asks how subsection 1 and 2 of SB 334 will work.

317

Jackson

Responds.

325

John Powell

State Farm Insurance Companies.  Discusses opposition to SB 334. Defers to Sime to provide testimony.

345

Sime

Oregon Association of Defense Counsel.  Discusses and submits written testimony in opposition to SB 334 (EXHIBIT X) and an informational packet on Independent Medical Examinations, The Selection and Qualifications of the Examiner (EXHIBIT AA).

TAPE 44, A

033

Chair Prozanski

Inquires about attorney client privilege.  

040

Sime

Responds.  Continues testimony. 

080

Sime

Summarizes and concludes.

100

Powell

Testifies in opposition to SB 334.  Discusses costs incurred by SB 334.

117

Steve Murrell

Claim Attorney, State Farm Insurance Companies.  Testifies in opposition to SB 334.

135

Sen. Ringo

Discusses concerns with the IME process.

160

Sime

Responds to Sen. Ringo.

170

Sen. Ringo

States that SB 334 is to help people have impartial and independent exams.

180

Sime

Remarks that he does not see how SB 334 will assist with Sen. Ringo’s concerns.

180

Hasina Squires

Independent Medical Examination Association.  Testifies in opposition to SB 334.  Responds to Sen. Ringo that her clients’ doctors spend 30-45 minutes in the room with the patient.

200

Sen. Ringo

Remarks that he wishes that was the standard.

203

Squires

Concludes testimony.

The following testimony is submitted for the record without public testimony:

 

Joan Buck

Oregon Self-Insurers Association.  Submits written testimony in opposition to SB 334 (EXHIBIT Z).

 

Faith Bachmeier

Personal Injury Protection product lines manager, Safeco Insurance Company of Oregon.  Submits written testimony in opposition to SB 334 (EXHIBIT BB).

215

Chair Prozanski

Closes public hearing on SB 334.  Adjourns the meeting at 5:48 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 355, -1 amendments, staff, 1 p
  2. SB 355, written testimony, Margaret Davidson, 2 pp
  3. SB 355, written testimony of Ross Laybourn, Sen. Floyd Prozanski, 1 p
  4. SB 935, letter, Robin Kilpatrick, 2 pp
  5. SB 935, written testimony, Neil Jackson, 1 p
  6. SB 935, written testimony of Joel Ario, Carl Lundberg, 2 pp
  7. SB 935, written testimony, Shawn Miller, 1 p
  8. SB 935, valuation, Shawn Miller, 17 pp
  9. SB 935, written testimony of David D. Merritt, Art Chartrand, 18 pp
  10. SB 935, excerpt, John Powell, 3 pp
  11. SB 738, -6 amendments, staff, 5 pp
  12. SB 738, -7 amendments, staff, 2 pp
  13. SB 912, -5 amendments, staff, 2 pp
  14. SB 912, -6 amendments, staff, 2 pp
  15. SB 133, -1 amendments, staff, 1 p
  16. SB 133, -2 amendments, staff, 3 pp
  17. SB 434, -1 amendments, staff, 4 pp
  18. SB 386, -3 amendments, staff, 6 pp
  19. SB 132, -1 amendments, staff, 1 p
  20. SB 576, -1 amendments, staff, 1 p
  21. SB 119, -1 amendments, staff, 5 pp
  22. SB 37, -1 amendments, staff, 1 p
  23. SB 334, written testimony, Neil Jackson, 2 pp
  24. SB 339, SB 334, written testimony, Billy Sime, 4 pp
  25. SB 339, written testimony, John Clements, 1 p
  26. SB 339, SB 334, written testimony, Joan Buck, 4 pp

AA. SB 334, informational packet, Billy Sime, 3 pp

BB. SB 334, written testimony, Faith Bachmeier, 1 p