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.

 

TAPE/#

Speaker

Comments

TAPE 51, A

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.

SB 190 – PUBLIC HEARING

030

Anna Braun

Committee Administrator.  Provides an overview of SB 190.  Introduces the -1 amendments to SB 190 (EXHIBIT A).

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).

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.

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.

173

Spence

Responds.

175

Huddleston

Responds to Sen. Beyer.

183

Sen. Whitsett

Inquires how many home healthcare workers are employed in Oregon.

187

Huddleston

Answers, approximately 13,000.

190

Sen. Whitsett

Asks if the home healthcare workers receive retirement benefits.

192

Huddleston

Answers, no.

193

Sen. Whitsett

Asks how many home healthcare workers are currently receiving medical insurance premiums.

194

Huddleston

States that about 4,000 people are enrolled in health insurance offered through the homecare commission.

196

Sen. Whitsett

Asks how many people they would have to insure to provide workers’ compensation insurance to all employees.

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.

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.  

215

Chair Prozanski

Asks Braun if she would get the necessary information to have the amendment drafted.  

220

Davie

States that he would be happy to work with the Committee Administrator on drafting the amendment.

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.

SB 433 – WORK SESSION

252

Anna Braun

Committee Administrator.  Provides an overview of SB 433.  Introduces the -1 amendments to SB 433 (EXHIBIT C).

265

Chair Prozanski

Discusses SB 433.

269

Sen. Beyer

MOTION:  Moves to ADOPT SB 433-1 amendments dated 3/10/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

274

Sen. Beyer

MOTION:  Moves SB 433 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

278

Chair Prozanski

Closes work session on SB 433 and opens work session on SB 355.

SB 355 – WORK SESSION

282

Anna Braun

Committee Administrator.  Provides an overview of SB 355. Introduces the -3 amendments to SB 355 (EXHIBIT D).

300

Sen. Beyer

MOTION:  Moves to ADOPT SB 355-3 amendments dated 4/7/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

309

Sen. Beyer

MOTION:  Moves SB 355 to the floor with a DO PASS AS AMENDED recommendation.

314

Sen. Beyer

Clarifies that individuals who testified worked on the amendments to SB 355.

318

Braun

Affirms.

320

Chair Prozanski

Clarifies that Senator Nelson supported the work on the -3 amendments.

322

Braun

Affirms.

325

Sen. Ringo

Expresses concern with gambling.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

330

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. NELSON will lead discussion on the floor.

337

Chair Prozanski

Closes work session on SB 355. Discusses plans with SB 194.

355

Sen. Beyer

Asks for information on SB 194.

358

Braun

Discusses the -1 amendments to SB 194 (EXHIBIT E).

378

Sen. Beyer

Recognizes that there have been no more amendments to SB 194 since the public hearing.  

382

Chair Prozanski

Opens work session on SB 194.

SB 194 – WORK SESSION

387

Sen. Beyer

MOTION:  Moves to ADOPT SB 194-1 amendments dated 3/30/05.

391

Sen. Beyer

States that he will not object to the motion, but would like to reiterate his previous concern regarding the possible study.

400

Chair Prozanski

Comments that if SB 194 moves forward, they can then raise concern as individual members.

410

Sen. Whitsett

Responds.

414

Chair Prozanski

Responds to Sen. Whitsett.

TAPE 52, A

 

 

VOTE:  5-0-0

015

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

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.

020

Sen. Beyer

Comments on sending SB 194 to the Ways and Means Committee.

030

Sen. Burdick

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

The following is submitted for the record without public testimony:

 

Rep. Diane Rosenbaum

House District 42.  Submits written testimony in support of SB 194 (EXHIBIT F).

037

Chair Prozanski

Closes work session on SB 194 and opens work session on SB 139.

SB 139 – WORK SESSION

040

Anna Braun

Committee Administrator.  Provides an overview of SB 139. 

043

Sen. Burdick

MOTION:  Moves SB 139 to the floor with a DO PASS recommendation.

048

Sen. Beyer

Discusses concern of duplicate penalties. Remarks that he cannot support SB 139.

053

Sen. Whitsett

States that he opposes SB 139.   

055

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

060

Chair Prozanski

Closes work session on SB 139 and opens work session on SB 141.

SB 141 – WORK SESSION

063

Anna Braun

Committee Administrator.  Provides an overview of SB 141.  Introduces the -2 amendments to SB 141 (EXHIBIT G).

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. 

085

Sen. Beyer

MOTION:  Moves to ADOPT SB 141-2 amendments dated 4/6/05.

088

Sen. Beyer

Comments that he does not see how SB 141 will be used.  

092

Chair Prozanski

Responds.  

097

Sen. Whitsett

Clarifies that SB 141 will be voluntary for the employees.

099

Chair Prozanski

Notes a nod from the Bureau of Labor and Industries. 

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.

112

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

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.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

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.   

130

Sen. Beyer

States that he supports the -1 amendments to SB 142, but he does not support the -2 amendments to SB 142.

131

Sen. Whitsett

Comments on the -2 amendments to SB 142.  

137

Braun

Clarifies the intent of the -2 amendments.

140

Chair Prozanski

Opens work session on SB 573.

SB 573 – WORK SESSION

148

Sen. Beyer

Clarifies that all parties are in agreement on the -2 amendments. Recognizes nods from audience members. 

150

Sen. Beyer

MOTION:  Moves to ADOPT SB 573-2 amendments dated 4/5/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

158

Sen. Beyer

MOTION:  Moves SB 573 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

165

Chair Prozanski

Closes work session on SB 573 and opens work session on SB 142.

SB 142 – WORK SESSION

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. 

179

Sen. Burdick

MOTION:  Moves to ADOPT SB 142-1 amendments dated 2/18/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

182

Sen. Burdick

MOTION:  Moves to ADOPT SB 142-2 amendments dated 3/10/05.

 

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

195

Sen. Burdick

MOTION:  Moves SB 142 to the floor with a DO PASS AS AMENDED recommendation.

199

Sen. Beyer

States that he will not support SB 142 because he supports the -1 amendments and not the -2 amendments.

212

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

220

Chair Prozanski

Closes work session on SB 142 and opens work session on SB 635.

SB 635 – WORK SESSION

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.

250

Sen. Beyer

Asks what happens if the Department of Human Services does not put this into their budget.  

255

Chair Prozanski

States understanding.

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.  

275

Sen. Whitsett

Inquires if SB 635 will go to the Ways and Means Committee.

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.  

281

Sen. Ringo

Comments that he supports the concept, but is uncomfortable passing SB 635 without having the budgeting worked out.   

292

Chair Prozanski

Closes work session on SB 635 and opens work session on SB 669.

SB 669 – WORK SESSION

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.

304

Chair Prozanski

Responds.

312

Sen. Beyer

States that he would like to hear a report from MLAC.  

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. 

343

Chair Prozanski

Clarifies that MLAC met Monday, April 4, 2005.  

345

Shilts

Answers, yes.   

353

Chair Prozanski

Discusses the need of SB 669.

395

Shilts

Responds. Discusses MLAC’s position.

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.

426

Shilts

Responds.

TAPE 51, B

017

Sen. Burdick

MOTION:  Moves SB 669 to the floor with a DO PASS recommendation.

020

Sen. Beyer

Comments that he will not support SB 669 as MLAC does not support it.

024

 

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

032

Braun

Reminds the committee about the April 14th Senate Commerce Committee meeting in Eugene, Oregon. 

035

Chair Prozanski

Closes work session on SB 669. Adjourns the meeting at 5:24 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 190, -1 amendments, staff, 1 p
  2. SB 190, written testimony of Lynn Cameron, Julia Huddleston, 2 pp
  3. SB 433, -1 amendments, staff, 1 p
  4. SB 355, -3 amendments, staff, 8 pp
  5. SB 194, -1 amendments, staff, 2 pp
  6. SB 141, -2 amendments, staff, 1 p
  7. SB 194, written testimony, Rep. Diane Rosenbaum, 1 p
  8. SB 573, -2 amendments, staff, 1 p
  9. SB 142, -1 amendments, staff, 1 p
  10. SB 142, -2 amendments, staff, 1 p
  11. SB 635, -1 amendments, staff, 1 p