SENATE COMMITTEE ON COMMERCE

 

 

March 31, 2005   Hearing Room C

3:10 P.M.  Tapes 47 - 48

Corrected 8/12/05

MEMBERS PRESENT:            Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

                                                Sen. Doug Whitsett

 

MEMBER EXCUSED:            Sen. Charlie Ringo

 

STAFF PRESENT:                  Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 118 – Work Session

                                                SB 142 – Work Session

                                                SB 194 – 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 47, A

005

Chair Prozanski

Calls the meeting to order at 3:10 p.m. 

006

Chair Prozanski

Announces that the work session for SB 139 will be carried over to April 7, 2005.  Opens work session on SB 118.

SB 118 – WORK SESSION

010

Anna Braun

Committee Administrator.  Provides an overview of SB 118.  Introduces the -4 amendments to SB 118 (EXHIBIT A).  States that a work group was formed on SB 118 and the committee will receive a report from some of the participants.  

030

Joel Ario

Administrator, Insurance Division, Department of Consumer and Business Services (DCBS).  Discusses and submits written testimony in support of SB 118 with the -4 amendments (EXHIBIT B). States that the -4 amendments are a consensus from all parties involved in the work group and the only outstanding issues are technical issues in the drafting of the -4 amendments.

044

Chair Prozanski

Clarifies his understanding of the resolution of the work group.

048

Ario

Responds that Chair Prozanski is correct.

050

Chair Prozanski

Asks Ario if he needs to comment further.

052

Ario

Discusses changes needed to SB 118.

062

Gary Oxley

Oregon Association of Realtors.  Testifies in support of SB 118 with the -4 amendments.

066

John Shaw

Liberty Northwest.  Testifies in support of SB 118 with the -4 amendments.

070

Steve Murrell

State Farm Insurance Companies. Testifies in support of SB 118 with the -4 amendments.  Remarks that there may be more technical issues, not conceptual, with SB 118.

082

Greg Ledbetter

Services Employees International Union (SEIU).  Testifies in support of SB 118 with the -4 amendments.

087

Ario

Notes appreciation of Anna Braun, Committee Administrator, and others who assisted with the work group for SB 118.

095

Sen. Beyer

MOTION:  Moves to ADOPT SB 118-4 amendments dated 3/30/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

105

Sen. Beyer

MOTION:  Moves SB 118 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. PROZANSKI will lead discussion on the floor.

110

Chair Prozanski

Closes work session on SB 118 and opens work session on SB 142.

SB 142 – WORK SESSION

112

Anna Braun

Committee Administrator.  Provides an overview of SB 142.  Introduces the -1 amendments (EXHIBIT C) and the -2 amendments (EXHIBIT D) to SB 142.

125

Annette Talbott

Deputy Labor Commissioner, Bureau of Labor and Industries (BOLI).  Testifies in support of SB 142. 

133

Chair Prozanski

Clarifies that BOLI would like SB 142 to go to the Ways and Means Committee.

135

Talbott

Responds that BOLI has decided that the bill does not need to go to the Ways and Means Committee.

138

Chair Prozanski

States understanding that BOLI would like to move SB 142 to the Senate Floor.

140

Sen. Beyer

Asks for clarification regarding the -2 amendments. 

146

Talbott

Discusses the -2 amendments to SB 142. 

165

Sen. Beyer

Discusses concern with the -2 amendments. 

172

Talbott

Responds.

182

Sen. Whitsett

Discusses concern with the -2 amendments.

The following is submitted for the record without public testimony:

 

Greg Austin

Attorney, Portland, Oregon. Submits written testimony regarding SB 142 (EXHIBIT I).

186

Chair Prozanski

Carries the work session for SB 142 over to April 7, 2005. Closes work session on SB 142 and opens public hearing on SB 194.

SB 194 – PUBLIC HEARING

200

Annette Talbott

Deputy Labor Commissioner, Bureau of Labor and Industries (BOLI).  Testifies in support of SB 194.  Submits written testimony on behalf of Dan Gardner, Commissioner, BOLI, in support of SB 194 (EXHIBIT E).  Submits an “Analysis of Workers Who Were Fired or Laid Off After a Work-Related Injury” by the Texas Department of Insurance dated, August 1998, in support of SB 194 (EXHIBIT F).

290

Talbott

Discusses EXHIBIT F.  Summarizes and concludes testimony.

335

Chair Prozanski

Clarifies that the -1 amendments to SB 194 are a “rewrite” of the original bill.

340

Talbott

Answers, yes. Remarks that the Department of Consumer and Business Services (DCBS) and BOLI worked together on the -1 amendments to SB 194.

347

Ernest Delmazzo

Executive Director, Injured Workers’ Alliance.  Discusses and submits written testimony in support of SB 194 (EXHIBIT G) and submits written testimony on behalf of Judith Churchill, citizen, Baker City, Oregon, in support of SB 194 (EXHIBIT H).

TAPE 48, A

030

Delmazzo

Summarizes and concludes testimony.

060

Sen. Beyer

Remarks that an amount is not stated regarding the cost of a study.

065

Talbott

Responds that they are working with DCBS to identify the cost of other studies they have performed.  Provides figures of the estimated costs.  

095

Chair Prozanski

Asks BOLI and DCBS to get together and find out the cost of the studies and provide the information to the committee.

100

Anna Braun

Comments that SB 194 has a subsequent referral to the Ways and Means Committee.

103

Talbott

Responds.

105

Chair Prozanski

Clarifies that the subsequent referral is based on the original bill and not the -1 amendments.

106

Braun

Answers, yes. Speculates that there will still be a subsequent referral.

107

Chair Prozanski

States that the committee is assuming that SB 194 will go to the Ways and Means Committee unless something changes.

112

Talbott

Responds.

115

Chair Prozanski

Discusses plans for SB 194.

119

Sen. Beyer

Discusses options for the potential study.  Comments on Delmazzo’s testimony.   

138

Delmazzo

Responds.

140

Beyer

Remarks that injuries often occur on the last day of the work performed.

148

Delmazzo

Remarks that Oregon law prohibits a person from being terminated because the worker has filed a claim.

150

Sen. Beyer

States that this is exactly his point.

153

Chair Prozanski

Clarifies Sen. Beyer’s concerns.

155

Talbott

Remarks that the literature reflects that this does occur.

157

Sen. Whitsett

Comments that he agrees with Sen. Beyer. 

159

Delmazzo

Comments that he does not think there has been a study on this issue.

165

J.L. Wilson

National Federation of Independent Businesses (NFIB). Co-Chair, Management Labor Advisory Committee (MLAC).  Testifies with a neutral position to SB 194. 

210

Chair Prozanski

Asks Wilson to ask MLAC their opinion of who should perform the study.

218

Wilson

Responds.  Discusses experience of contracting with an outside party to have a study performed.

226

Chair Prozanski

Closes public hearing on SB 194. Adjourns the meeting at 4:00 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 118, -4 amendments, staff, 31 pp
  2. SB 118, written testimony, Joel Ario, 3 pp
  3. SB 142, -1 amendments, staff, 1 p
  4. SB 142, -2 amendments, staff, 1 p
  5. SB 194, written testimony of Dan Gardner, Annette Talbott, 4 pp
  6. SB 194, analysis, Annette Talbott, 3 pp
  7. SB 194, written testimony, Ernest Delmazzo, 6 pp
  8. SB 194, written testimony of Judith Churchill, Ernest Delmazzo, 1 p

 

The following is out of order in the body of the document:

I.  SB 142, written testimony, Greg Austin, 1 p