SENATE COMMITTEE ON COMMERCE

 

 

April 21, 2005                                                                                                         Hearing Room C

3:10 P.M.                                                                                                                     Tapes  59 - 60

 

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 970 – Public Hearing

                                                SB 670 – Work Session

                                                SB 644 – 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 59, A

005

Chair Prozanski

Calls the meeting to order at 3:45 p.m.  Notes that the committee is meeting as a subcommittee.  Opens public hearing on SB 970.

SB 970 – PUBLIC HEARING

016

Anna Braun

Committee Administrator.  Provides an overview of SB 970. 

025

Kathleen Joy

Executive Director, Oregon Commission for Voluntary Action and Services.  Discusses and submits written testimony in support of SB 970 (EXHIBIT A).

 

Chair Prozanski

Notes that the committee is now meeting as a full committee.

070

Joy

Concludes testimony.

083

Renée Bryant

Oregon Employment Department.  Testifies regarding SB 970.  States that the Employment Department does not have a position on SB 970.  

095

Chair Prozanski

States understanding of the Oregon Employment Department’s procedures regarding AmeriCorp participants.

102

Bryant

Responds.

105

Sen. Beyer

Asks why the Employment Department has been treating AmeriCorp participants as exempt from unemployment insurance.

110

Bryant

States that through their interpretation of federal law, they feel that they have no choice. Elaborates.

123

Sen. Beyer

Comments that an Administrative Law Judge determined that the AmeriCorp participants should have received unemployment insurance.

126

Bryant

Responds that it is a different interpretation of federal law.

131

Sen. Beyer

Asks why SB 970 is needed.

133

Joy

Responds.

150

Sen. Beyer

Responds to Joy.  

168

Bryant

Discusses the exclusions from unemployment insurance.

173

Sen. Beyer

Remarks that this is not currently an exclusion.

175

Bryant

Responds.

180

Sen. Beyer

Asks why the Employment Department has not covered the AmeriCorp participants after receiving the opinion from an Administrative Law Judge.

190

Bryant

Responds.

191

Sen. Beyer

Asks why they have not made the change.

192

Bryant

Responds that their interpretation is different than the Administrative Law Judge and the Employment Appeals Board.

195

Sen. Beyer

Asks if they appealed the decision.

197

Bryant

Answers that they did not appeal due to cost.

202

Chair Prozanski

Asks what discussions the Employment Department has had with Legal Counsel from the Department of Justice.

210

Bryant

States that they were told by their legal counsel that they had a legally defensible position to take with respect to interpretation of the federal law. 

213

Chair Prozanski

Asks if the points were made to the Administrative Law Judge or the Employment Appeals Board.

217

Bryant

States that the law was quoted in the decision of the Employment Appeals Board.

225

Chair Prozanski

Clarifies that Bryant is speaking of the opinion from the Administrative Law Judge.

226

Bryant

Answers, yes.

228

Sen. Beyer

Discusses frustration with treating the public sector different from the private sector.

247

Chair Prozanski

Comments on SB 970.  Asks witnesses to provide copies of the opinions that were referenced.  Announces that the work session for SB 190 will be carried over. Closes public hearing on SB 970 and opens work session on SB 670.

SB 670 – WORK SESSION

277

Anna Braun

Committee Administrator.  Provides an overview of SB 670.  Introduces the -1 amendments (EXHIBIT B) and -2 amendments (EXHIBIT C) to SB 670.

295

Chair Prozanski

Clarifies that the amendments resolved the concerns in previous testimony.

303

Sen. Vicki Walker

Senate District 7.  Responds.  Discusses the -1 and -2 amendments to SB 670. 

330

Sen. Ringo

Asks for clarification of the need for language in SB 670.  

333

Sen. Walker

Responds.  

347

Sen. Beyer

Asks if the Management Labor Advisory Committee (MLAC) has reviewed SB 670.

358

John Shilts

Administrator, Workers Compensation Division, Department of Consumer and Business Services (DCBS).  States that the Management Labor Advisory Committee (MLAC) has not looked at SB 670 because they have not seen the amendments.

360

Chair Prozanski

Asks if MLAC reviewed SB 670 prior to the drafting of the amendments.

362

Shilts

Responds.

370

Chris Davie

State Accident Insurance Fund (SAIF) Corporation.  States that he recalls that SB 670 was discussed at the last MLAC meeting, but he is not sure if they voted on it.

380

Chair Prozanski

Responds.

386

Shilts

Offers to verify MLAC’s position on SB 670.

391

Sen. Beyer

States that he will support SB 670 if MLAC has approved it with the amendments.

404

J.L. Wilson

Co-Chair, MLAC.  States that MLAC did not take a position on SB 670 because they were anticipating amendments, but he feels that they would support it.

414

Sen. Walker

Suspects that MLAC would support SB 670, since SAIF Corporation and the insurance companies do.

418

Sen. Burdick

States that she supports SB 670 with the amendments.

422

Chair Prozanski

Asks Sen. Beyer to find out MLAC’s official position on SB 670.  

428

Sen. Beyer

Responds.  

430

Sen. Beyer

MOTION:  Moves to ADOPT SB 670-1 amendments dated 4/13/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

438

Sen. Beyer

MOTION:  Moves to ADOPT SB 670-2 amendments dated 4/19/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

442

Sen. Ringo

MOTION:  Moves SB 670 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-1-0

AYE:               4 - Burdick, Ringo, Whitsett, Prozanski

NAY:               1 - Beyer

 

Chair Prozanski

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

453

Chair Prozanski

Closes work session on SB 670 and opens work session on SB 644.

SB 644 – WORK SESSION

TAPE 60, A

030

Anna Braun

Committee Administrator.  Provides an overview of SB 644.

033

Sen. Ringo

MOTION:  Moves SB 644 to the floor with a DO PASS recommendation.

036

Sen. Beyer

States that he will not support SB 644.

039

Sen. Whitsett

States that he will not support SB 644.

 

 

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.

052

Chair Prozanski

Closes work session on SB 644. Adjourns the meeting at 4:17 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 970, written testimony, Kathleen Joy, 9 pp
  2. SB 670, -1 amendments, staff, 1 p
  3. SB 670, -2 amendments, staff, 1 p