SENATE COMMITTEE ON COMMERCE
April 07, 2005 Hearing Room C
3:10 P.M. Tapes 51 - 52
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 190 – Public Hearing
SB 433 – Work Session
SB 355 – Work Session
SB 194 – Work Session
SB 139 – Work Session
SB 141 – Work Session
SB 573 – Work Session
SB 142 – Work Session
SB 635 – Work Session
SB 669 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 51, A |
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005 |
Chair Prozanski |
Calls the meeting to order at 3:26 p.m. Announces that SB 334, SB 426, SB 935, SB 944 and SB 975 will not be heard today. Opens public hearing on SB 190. |
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SB 190 – PUBLIC HEARING |
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030 |
Anna Braun |
Committee Administrator. Provides an overview of SB 190. Introduces the -1 amendments to SB 190 (EXHIBIT A). |
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040 |
Julia Huddleston |
Seniors and People with Disabilities, Department of Human Services. Testifies with a neutral position on SB 190. Submits written testimony on behalf of Lynn Cameron, Vice Chair, Home Care Commission, in support of SB 190 (EXHIBIT B). |
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085 |
Chris Davie |
State Accident Insurance Fund (SAIF) Corporation. Testifies in support of SB 190. States that there is a technical portion of SB 190 that needs an amendment. |
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100 |
Karla Spence |
Homecare Director, Service Employees International Union (SEIU), Local 503. Testifies in support of SB 190 and the -1 amendments. States desire for a further amendment to SB 190. |
|
170 |
Sen. Beyer |
Asks if the cost provided by Spence for workers’ compensation insurance was annually. |
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173 |
Spence |
Responds. |
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175 |
Huddleston |
Responds to Sen. Beyer. |
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183 |
Sen. Whitsett |
Inquires how many home healthcare workers are employed in Oregon. |
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187 |
Huddleston |
Answers, approximately 13,000. |
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190 |
Sen. Whitsett |
Asks if the home healthcare workers receive retirement benefits. |
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192 |
Huddleston |
Answers, no. |
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193 |
Sen. Whitsett |
Asks how many home healthcare workers are currently receiving medical insurance premiums. |
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194 |
Huddleston |
States that about 4,000 people are enrolled in health insurance offered through the homecare commission. |
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196 |
Sen. Whitsett |
Asks how many people they would have to insure to provide workers’ compensation insurance to all employees. |
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200 |
Huddleston |
Responds that they currently insure the entire workforce with workers’ compensation insurance. States that the health insurance has eligibility parameters. |
|
205 |
Sen. Whitsett |
Clarifies that health insurance is available to all employees if they work the required number of hours. |
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206 |
Huddleston |
Answers, yes. |
|
209 |
Chair Prozanski |
Asks Davie when the amendments he spoke of will be available. |
|
213 |
Davie |
States that he did not ask for the amendment, but only spoke with legislative counsel regarding the need of it. |
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215 |
Chair Prozanski |
Asks Braun if she would get the necessary information to have the amendment drafted. |
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220 |
Davie |
States that he would be happy to work with the Committee Administrator on drafting the amendment. |
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223 |
Chair Prozanski |
Closes public hearing on SB 190. Re-announces the bills that will not be heard today. Opens work session on SB 433. |
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SB 433 – WORK SESSION |
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252 |
Anna Braun |
Committee Administrator. Provides an overview of SB 433. Introduces the -1 amendments to SB 433 (EXHIBIT C). |
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265 |
Chair Prozanski |
Discusses SB 433. |
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269 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 433-1 amendments dated 3/10/05. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
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274 |
Sen. Beyer |
MOTION: Moves SB 433 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. SEN. PROZANSKI will lead discussion on the floor. |
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278 |
Chair Prozanski |
Closes work session on SB 433 and opens work session on SB 355. |
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SB 355 – WORK SESSION |
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282 |
Anna Braun |
Committee Administrator. Provides an overview of SB 355. Introduces the -3 amendments to SB 355 (EXHIBIT D). |
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300 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 355-3 amendments dated 4/7/05. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
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309 |
Sen. Beyer |
MOTION: Moves SB 355 to the floor with a DO PASS AS AMENDED recommendation. |
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314 |
Sen. Beyer |
Clarifies that individuals who testified worked on the amendments to SB 355. |
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318 |
Braun |
Affirms. |
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320 |
Chair Prozanski |
Clarifies that Senator Nelson supported the work on the -3 amendments. |
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322 |
Braun |
Affirms. |
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325 |
Sen. Ringo |
Expresses concern with gambling. |
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VOTE: 4-0-1 EXCUSED: 1 - Burdick |
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330 |
Chair Prozanski |
Hearing no objection, declares the motion CARRIED. SEN. NELSON will lead discussion on the floor. |
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337 |
Chair Prozanski |
Closes work session on SB 355. Discusses plans with SB 194. |
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355 |
Sen. Beyer |
Asks for information on SB 194. |
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358 |
Braun |
Discusses the -1 amendments to SB 194 (EXHIBIT E). |
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378 |
Sen. Beyer |
Recognizes that there have been no more amendments to SB 194 since the public hearing. |
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382 |
Chair Prozanski |
Opens work session on SB 194. |
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SB 194 – WORK SESSION |
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387 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 194-1 amendments dated 3/30/05. |
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391 |
Sen. Beyer |
States that he will not object to the motion, but would like to reiterate his previous concern regarding the possible study. |
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400 |
Chair Prozanski |
Comments that if SB 194 moves forward, they can then raise concern as individual members. |
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410 |
Sen. Whitsett |
Responds. |
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414 |
Chair Prozanski |
Responds to Sen. Whitsett. |
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TAPE 52, A |
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VOTE: 5-0-0 |
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015 |
Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
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017 |
Sen. Burdick |
MOTION: Moves SB 194 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference. |
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020 |
Sen. Beyer |
Comments on sending SB 194 to the Ways and Means Committee. |
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030 |
Sen. Burdick |
VOTE: 3-2-0 AYE: 3 - Burdick, Ringo, Prozanski NAY: 2 - Beyer, Whitsett |
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Chair Prozanski |
The motion CARRIES. |
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The following is submitted for the record without public testimony: |
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|
|
Rep. Diane Rosenbaum |
House District 42. Submits written testimony in support of SB 194 (EXHIBIT F). |
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037 |
Chair Prozanski |
Closes work session on SB 194 and opens work session on SB 139. |
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SB 139 – WORK SESSION |
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040 |
Anna Braun |
Committee Administrator. Provides an overview of SB 139. |
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043 |
Sen. Burdick |
MOTION: Moves SB 139 to the floor with a DO PASS recommendation. |
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048 |
Sen. Beyer |
Discusses concern of duplicate penalties. Remarks that he cannot support SB 139. |
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053 |
Sen. Whitsett |
States that he opposes SB 139. |
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055 |
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VOTE: 3-2-0 AYE: 3 - Burdick, Ringo, Prozanski NAY: 2 - Beyer, Whitsett |
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Chair Prozanski |
The motion CARRIES. SEN. RINGO will lead discussion on the floor. |
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060 |
Chair Prozanski |
Closes work session on SB 139 and opens work session on SB 141. |
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SB 141 – WORK SESSION |
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063 |
Anna Braun |
Committee Administrator. Provides an overview of SB 141. Introduces the -2 amendments to SB 141 (EXHIBIT G). |
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075 |
Chair Prozanski |
Comments that he spoke with Tim Martinez about the outstanding issues on SB 141 and they will be addressed on the House side. |
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085 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 141-2 amendments dated 4/6/05. |
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088 |
Sen. Beyer |
Comments that he does not see how SB 141 will be used. |
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092 |
Chair Prozanski |
Responds. |
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097 |
Sen. Whitsett |
Clarifies that SB 141 will be voluntary for the employees. |
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099 |
Chair Prozanski |
Notes a nod from the Bureau of Labor and Industries. |
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102 |
Sen. Beyer |
Clarifies that SB 141 will be voluntary for the employer. |
|
104 |
Chair Prozanski |
Answers, yes. |
|
107 |
Sen. Whitsett |
Notes concern of employees having transportation to use an electronic payment device. |
|
109 |
Chair Prozanski |
States that SB 141 is voluntary for employees and employers. |
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112 |
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VOTE: 4-0-1 EXCUSED: 1 - Ringo |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
|
114 |
Sen. Beyer |
MOTION: Moves SB 141 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 4-0-1 EXCUSED: 1 - Ringo |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor. |
|
120 |
Chair Prozanski |
Closes work session on SB 141. Discusses SB 142. |
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130 |
Sen. Beyer |
States that he supports the -1 amendments to SB 142, but he does not support the -2 amendments to SB 142. |
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131 |
Sen. Whitsett |
Comments on the -2 amendments to SB 142. |
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137 |
Braun |
Clarifies the intent of the -2 amendments. |
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140 |
Chair Prozanski |
Opens work session on SB 573. |
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SB 573 – WORK SESSION |
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148 |
Sen. Beyer |
Clarifies that all parties are in agreement on the -2 amendments. Recognizes nods from audience members. |
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150 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 573-2 amendments dated 4/5/05. |
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VOTE: 5-0-0 |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
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158 |
Sen. Beyer |
MOTION: Moves SB 573 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 5-0-0 |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
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165 |
Chair Prozanski |
Closes work session on SB 573 and opens work session on SB 142. |
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SB 142 – WORK SESSION |
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168 |
Anna Braun |
Committee Administrator. Provides an overview of SB 142. Introduces the -1 amendments (EXHIBIT H) and the -2 amendments (EXHIBIT I) to SB 142. |
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179 |
Sen. Burdick |
MOTION: Moves to ADOPT SB 142-1 amendments dated 2/18/05. |
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VOTE: 5-0-0 |
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Chair Prozanski |
Hearing no objection, declares the motion CARRIED. |
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182 |
Sen. Burdick |
MOTION: Moves to ADOPT SB 142-2 amendments dated 3/10/05. |
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VOTE: 3-2-0 AYE: 3 - Burdick, Ringo, Prozanski NAY: 2 - Beyer, Whitsett |
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Chair Prozanski |
The motion CARRIES. |
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195 |
Sen. Burdick |
MOTION: Moves SB 142 to the floor with a DO PASS AS AMENDED recommendation. |
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199 |
Sen. Beyer |
States that he will not support SB 142 because he supports the -1 amendments and not the -2 amendments. |
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212 |
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VOTE: 3-2-0 AYE: 3 - Burdick, Ringo, Prozanski NAY: 2 - Beyer, Whitsett |
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Chair Prozanski |
The motion CARRIES. SEN. PROZANSKI will lead discussion on the floor. |
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220 |
Chair Prozanski |
Closes work session on SB 142 and opens work session on SB 635. |
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SB 635 – WORK SESSION |
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226 |
Anna Braun |
Committee Administrator. Provides an overview of SB 635. Introduces the -1 amendments to SB 635 (EXHIBIT J). |
|
238 |
Sen. Beyer |
Asks why the fiscal impact of SB 635 is unknown. |
|
240 |
Braun |
Responds. |
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250 |
Sen. Beyer |
Asks what happens if the Department of Human Services does not put this into their budget. |
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255 |
Chair Prozanski |
States understanding. |
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265 |
Sen. Beyer |
Responds. |
|
270 |
Braun |
Clarifies that the Department of Consumer and Business Services (DCBS) would perform the study and would put it in their budget. |
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275 |
Sen. Whitsett |
Inquires if SB 635 will go to the Ways and Means Committee. |
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278 |
Chair Prozanski |
States that it would not go to the Ways and Means Committee because the effective date is not during the next biennium. |
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281 |
Sen. Ringo |
Comments that he supports the concept, but is uncomfortable passing SB 635 without having the budgeting worked out. |
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292 |
Chair Prozanski |
Closes work session on SB 635 and opens work session on SB 669. |
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SB 669 – WORK SESSION |
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294 |
Anna Braun |
Committee Administrator. Provides an overview of SB 669. |
|
300 |
Sen. Beyer |
Comments that the Management Labor Advisory Committee (MLAC) was going to discuss SB 669 and he would like to receive a report from them. |
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304 |
Chair Prozanski |
Responds. |
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312 |
Sen. Beyer |
States that he would like to hear a report from MLAC. |
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325 |
John Shilts |
Administrator, Workers’ Compensation Division, Department of Consumer and Business Services (DCBS). States that MLAC voted to not recommend support of SB 669. |
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343 |
Chair Prozanski |
Clarifies that MLAC met Monday, April 4, 2005. |
|
345 |
Shilts |
Answers, yes. |
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353 |
Chair Prozanski |
Discusses the need of SB 669. |
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395 |
Shilts |
Responds. Discusses MLAC’s position. |
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415 |
Chair Prozanski |
Clarifies that MLAC will not make a decision this session. |
|
418 |
Shilts |
Answers, yes. |
|
420 |
Sen. Burdick |
Inquires why some doctors are included and others are not. |
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426 |
Shilts |
Responds. |
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TAPE 51, B |
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|
017 |
Sen. Burdick |
MOTION: Moves SB 669 to the floor with a DO PASS recommendation. |
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020 |
Sen. Beyer |
Comments that he will not support SB 669 as MLAC does not support it. |
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024 |
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VOTE: 3-2-0 AYE: 3 - Burdick, Ringo, Prozanski NAY: 2 - Beyer, Whitsett |
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|
Chair Prozanski |
The motion CARRIES. SEN. PROZANSKI will lead discussion on the floor. |
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032 |
Braun |
Reminds the committee about the April 14th Senate Commerce Committee meeting in Eugene, Oregon. |
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035 |
Chair Prozanski |
Closes work session on SB 669. Adjourns the meeting at 5:24 p.m. |
EXHIBIT SUMMARY