SENATE COMMITTEE ON HEALTH POLICY
April 27, 2005 Hearing Room B
1:00 P.M. Tapes 64 - 66
Corrected 10/25/05
MEMBERS PRESENT: Sen. Laurie Monnes Anderson, Chair
Sen. Jeff Kruse, Vice-Chair
Sen. Peter Courtney
Sen. Gary George
Sen. Bill Morrisette
STAFF PRESENT: Rick Berkobien, Committee Administrator
Brittany Kenison, Committee Assistant
MEASURES/ISSUES HEARD:
SB 503 – Public Hearing
SB 501 – Public Hearing and Work Session
SB 541A – Public Hearing and Work Session
SB 819 – Work Session
SB 704 – Work Session
SB 490A – 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 64, A |
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|
003 |
Chair Monnes Anderson |
Calls the meeting to order at 1:06 p.m. Opens a public hearing on SB 503. |
|
SB 503 - PUBLIC HEARING |
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|
005 |
Rick Berkobien |
Committee Administrator. Explains SB 503 and introduces the -5 amendments (EXHIBIT A) and the -8 amendments (EXHIBIT B). |
|
068 |
Lynn-Marie Crider |
Service Employees International Union (SEIU), Local 49. Testifies in support of SB 503 with the -8 amendments. |
|
105 |
Crider |
Testifies in opposition to the -5 amendments to SB 503. |
|
125 |
Bruce Bishop |
Oregon Association of Hospitals and Health Systems. Testifies in support of SB 503 with the -5 amendments. |
|
155 |
Bishop |
Testifies in opposition to the -8 amendments to SB 503. |
|
170 |
Sen. Morrisette |
Asks if an existing clinic will be able to able to expand under Certificate Of Need (CON) process. |
|
172 |
Bishop |
Answers question. |
|
180 |
Sen. Morrisette |
Asks if the clinics would be grandfathered into the process if the -5 amendments to SB 503 passed. |
|
185 |
Bishop |
Responds that the -5 amendments apply to new facilities. |
|
192 |
Sen. Morrisette |
States concerns on the impact of new facilities. |
|
195 |
Bishop |
Comments on the new facilities. |
|
215 |
Mike Crew |
Attorney, Lake Oswego, Oregon. Submits and presents written testimony in opposition to SB 503 with the -5 amendments and the -8 amendments (EXHIBIT C). |
|
265 |
Crew |
Continues testimony. |
|
300 |
William Mooney |
President, Oregon Hematology Oncology Associates (OHOA). Testifies in opposition to SB 503. |
|
350 |
Mooney |
Continues to testify in opposition to SB 503. |
|
390 |
Sen. Morrisette |
Asks if Oregon Health and Science University (OHSU) is a cancer center. |
|
395 |
Mooney |
Responds. |
|
403 |
Susan Nance |
Nurse Administrator, Bend Surgery Center, Bend, Oregon. President, Oregon Ambulatory Surgery Association. Submits and presents written testimony in opposition to SB 503 with the -5 amendments and the -8 amendments (EXHIBIT D). |
|
TAPE 65, A |
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|
010 |
Nance |
Continues testimony. |
|
030 |
Chair Monnes Anderson |
Asks Nance if the Ambulatory Surgical Center is allowed to turn anyone away. |
|
035 |
Nance |
Responds. |
|
045 |
Chair Monnes Anderson |
Asks if the hours of the Bend Surgical Center have daytime business hours. |
|
046 |
Nance |
Answers, yes. |
|
058 |
David Fryefield |
M.D., Radiation Oncologist. Medical Director, Willamette Valley Cancer Center, Eugene, Oregon. Testifies in opposition to SB 503. |
|
089 |
Sen. Morrisette |
Asks Fryefield if he has written testimony. |
|
090 |
Fryefield |
Answers, no. |
|
092 |
Sen. Morrisette |
Asks Fryfield what the significance is of age 85 that he spoke of. |
|
096 |
Fryefield |
Responds. Continues to testify in opposition to SB 503. |
|
122 |
Michael McKay |
Citizen, Springfield, Oregon. Testifies in opposition to SB 503. Shares his experience with cancer and the treatment he received. |
|
185 |
Sen. George |
Comments on McKay’s personal testimony. |
|
196 |
Chair Monnes Anderson |
Explains that the CON process would not affect the facility that McKay attends. |
|
199 |
Sen. Morrisette |
Verifies that it would affect the ability to expand or add another site. |
|
202 |
Fryefield |
Responds. |
|
204 |
Chair Monnes Anderson |
Clarifies that the CON process would affect new facilities only. |
|
208 |
Judy Corwin |
Representative, The Corvallis Clinic. Submits and presents written testimony in opposition to SB 503 (EXHIBIT E). |
|
260 |
Corwin |
Continues to testify in opposition to SB 503. |
|
315 |
John Erkkila |
Orthopedic Surgeon, Corvallis, Oregon. Submits and presents written testimony in opposition to SB 503 (EXHIBIT F). |
|
400 |
Erkkila |
Continues to testify in opposition to SB 503. |
|
TAPE 64, B |
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|
005 |
Doug Walta |
M.D., The Oregon Clinic. Submits and presents written testimony in opposition to SB 503 (EXHIBIT G). |
|
065 |
Craig Fausel |
M.D., Executive Vice President, The Oregon Clinic. Submits and presents written testimony in opposition to SB 503 (EXHIBIT H). |
|
105 |
Scott Gallant |
Oregon Medical Association. Submits and presents written testimony in opposition to SB 503 (EXHIBIT I). |
|
147 |
Paul Cosgrove |
Oregon Ambulatory Surgical Center. Testifies in opposition to SB 503. |
|
165 |
Chair Monnes Anderson |
Asks Barney Speight to describe the history of the Oregon CON process. |
|
170 |
Barney Speight |
Administrator, Oregon Medical Assistance Programs (OMAP). States that he is testifying on behalf of the Director, Department of Human Services (DHS). Discusses the history of the CON process. |
|
240 |
Speight |
Testifies with a neutral position to SB 503. |
|
275 |
Sen. Morrisette |
Comments on the CON process in the Portland area. Asks to comment on the process in Multnomah county. |
|
293 |
Speight |
Responds. |
|
305 |
Sen. Morrisette |
States that he would like the information that Speight referred to. |
|
310 |
Speight |
Offers to return the information to the committee. |
|
312 |
Chair Monnes Anderson |
Discusses concerns that need to be addressed in SB 503. |
|
320 |
Speight |
Comments on the need for clarification of the effective date. |
|
325 |
Chair Monnes Anderson |
States her agreement with Speight. Discusses other concerns that need to be addressed before a work session is held. |
|
333 |
Speight |
Explains why a statutory definition would be more effective than a rules definition. |
|
355 |
Chair Monnes Anderson |
Comments on the concerns of the fees related to the CON process. |
|
362 |
Speight |
States that he will work with the Health Division. |
|
365 |
Chair Monnes Anderson |
Discusses concern that the length of time and the appeals process needs to be clarified. States that the meeting will reconvene at 5:00 p.m. |
|
380 |
Speight |
States that he will try to obtain information in time for the 5:00 p.m. meeting. |
|
384 |
Sen. George |
Asks Speight if he agrees that Oregon’s facilities provide the lowest healthcare costs. |
|
387 |
Speight |
Asks Sen. George to clarify what types of facilities he is referring to. |
|
389 |
Sen. George |
Provides clarification. |
|
390 |
Speight |
Responds to Sen. George’s question regarding Oregon’s healthcare costs. |
|
400 |
Sen. George |
Asks Speight to verify that the facilities do not need SB 503. |
|
405 |
Speight |
Responds. |
|
410 |
Sen. Kruse |
Comments on why he opposes the bill. |
|
427 |
Chair Monnes Anderson |
Closes the public hearing on SB 503 and opens a public hearing on SB 501. |
|
SB 501 – PUBLIC HEARING |
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|
450 |
Rick Berkobien |
Committee Administrator. Explains SB 501 and introduces the -2 amendments (EXHIBIT J). |
|
470 |
Megan Sweeny |
Service Employees International Union (SEIU). Submits and presents written testimony in support of SB 501 with the -2 amendments (EXHIBIT K). |
|
TAPE 65, B |
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|
030 |
Laurie Long |
HealthNet Health Plans, Oregon. Testifies in support of SB 501 with the -2 amendments. |
|
045 |
John Powell |
Regence BlueCross BlueShield - Oregon. Testifies in support of SB 501 with the -2 amendments. |
|
050 |
Walt Samodurov |
Director of Underwriting, HealthNet Health Plans, Oregon. Testifies in support of SB 501 with the -2 amendments. |
|
060 |
Powell |
Urges passage of SB 501 with the -2 amendments. States that there are a few technical changes needed. |
|
064 |
Chair Monnes Anderson |
Asks to explain what the changes are. |
|
067 |
Long |
Provides explanation. |
|
100 |
Chair Monnes Anderson |
States that the she will carry over the bill to the meeting on Friday, April, 29, 2005. |
|
105 |
Morrisette |
Asks Long to clarify why the change is needed on page two (2), line eleven (11) of SB 501. |
|
108 |
Long |
Responds. |
|
115 |
Sen. Morrisette |
Clarifies the intent of the change. |
|
117 |
Long |
Affirms Sen. Morrisette’s clarification. |
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The following material is submitted for the record without public testimony: |
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|
|
Shannon Callahan |
Staff Attorney. Consumer Advocate, Oregon State Public Interest Research Group (OSPIRG). Submits written testimony in support of SB 501 (EXHIBIT L). |
|
120 |
Chair Monnes Anderson |
Submits written testimony from Jim Davis, Oregon Association for Retired Citizens and the United Seniors of Oregon, in support of SB 501 (EXHIBIT M). Closes the public hearing on SB 501 and opens a work session on SB 541A. |
|
SB 541A – WORK SESSION |
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|
125 |
Rick Berkobien |
Explains the bill. Introduces the –A3 amendments to SB 541A (EXHIBIT N). |
|
145 |
Sen. Morrisette |
MOTION: Moves to ADOPT SB 541A-A3 amendments dated 4/26/05. |
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|
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VOTE: 5-0-0 |
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|
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Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
158 |
Sen. Morrisette |
MOTION: Moves SB 541A to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED. |
|
158 |
Sen. Morrisette |
VOTE: 5-0-0 AYE: 5 - George, Kruse, Morrisette, President Courtney, Monnes Anderson |
|
|
Chair Monnes Anderson |
The motion CARRIES. SEN. MORSE will lead discussion on the floor. |
|
160 |
Chair Monnes Anderson |
Closes the work session on SB 541A and opens a work session on SB 819. |
|
SB 819 – WORK SESSION |
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|
|
Rick Berkobien |
Committee Administrator. Introduces the -3 amendments to SB 819 (EXHIBIT O). |
|
165 |
Sen. Kruse |
MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the vote on adoption of the SB 819-1 amendments on April 8. |
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VOTE: 5-0-0 |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
170 |
Sen. Kruse |
MOTION: Moves to RECONSIDER the vote by which "the -1 amendments were adopted to SB 819 on April 8th 2005". |
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VOTE: 5-0-0 |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
180 |
Sen. Kruse |
MOTION: Moves to ADOPT SB 819-3 amendments dated 4/27/05. |
|
189 |
Sen. Kruse |
Comments on the intent of the -3 amendments to SB 819. |
|
195 |
Sen. George |
Asks to clarify that the -3 amendments replace SB 819. |
|
196 |
Chair Monnes Anderson |
Answers, yes. |
|
200 |
Sen. George |
Asks for the -3 amendments to SB 819 be explained. |
|
207 |
Chair Monnes Anderson |
Asks Sen. Ben Westlund and Sen. Alan Bates to describe the -3 amendments to SB 819. |
|
209 |
Sen. Ben Westlund |
Senate District 27. Explains the -3 amendments to SB 819. |
|
215 |
Sen. Kruse |
States that he supports the -3 amendments to SB 819. |
|
238 |
Sen. Alan Bates |
Senate District 3. Explains section two (2) of the -3 amendments to SB 819. |
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|
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VOTE: 5-0-0 |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
240 |
Sen. Kruse |
MOTION: Moves SB 819 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
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|
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VOTE: 5-0-0 |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
264 |
Chair Monnes Anderson |
Closes the work session on SB 819 and recesses the meeting at 2:56 p.m. |
|
267 |
Chair Monnes Anderson |
Reconvenes the meeting at 5:02 p.m. Opens a work session on SB 704. |
|
SB 704 – WORK SESSION |
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|
275 |
Chair Monnes Anderson |
Introduces the -3 amendments to SB 704 (EXHIBIT P). States that the bill will go to the committee on Ways and Means. |
|
277 |
Sen. Kruse |
Asks why the bill is being sent to the committee on Ways and Means. |
|
280 |
Chair Monnes Anderson |
States that the bill has a fiscal impact. |
|
285 |
Sen. Kruse |
Explains why he would dispute the fiscal impact. |
|
295 |
Chair Monnes Anderson |
Refers to the fiscal estimate received. Asks Rick Berkobien to explain SB 704 and the -3 amendments. |
|
310 |
Rick Berkobien |
Committee Administrator. Explains SB 704 and the -3 amendments. |
|
318 |
Sen. Kruse |
Comments on his concerns of the fiscal estimate and that it should not go to the committee on Ways and Means. |
|
327 |
Chair Monnes Anderson |
Discusses why the bill should go to the committee on Ways and Means. |
|
334 |
Sen. Kruse |
MOTION: Moves to ADOPT SB 704-3 amendments dated 4/26/05. |
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|
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VOTE: 3-0-2 EXCUSED: 2 - Courtney, George |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
340 |
Sen. Kruse |
MOTION: Moves SB 704 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Courtney, George |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
349 |
Chair Monnes Anderson |
Closes the work session on SB 704 and opens a work session on SB 490A. |
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SB 490A – WORK SESSION |
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|
354 |
Rick Berkobien |
Committee Administrator. Explains SB 490A and introduces the –A2 amendments (EXHIBIT Q). |
|
364 |
Chair Monnes Anderson |
Clarifies the intent of the bill and the amendment. |
|
372 |
Sen. Kruse |
MOTION: Moves to ADOPT SB 490A-A2 amendments dated 4/25/05. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Courtney |
|
|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
376 |
Sen. Kruse |
MOTION: Moves SB 490A to the floor with a DO PASS AS AMENDED recommendation. |
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|
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VOTE: 4-0-1 EXCUSED: 1 - Courtney |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. SEN. MONNES ANDERSON will lead discussion on the floor. |
|
384 |
Chair Monnes Anderson |
Closes the work session. Stands the meeting at ease. |
|
410 |
Chair Monnes Anderson |
Calls the meeting back to order. Opens a work session on SB 704 for the purpose of allowing Sen. Courtney and Sen. George to vote. |
|
SB 704 – WORK SESSION |
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|
415 |
Sen. Kruse |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. COURTNEY AND SEN. GEORGE to BE RECORDED as voting AYE on the " Motion to move SB 704 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.". |
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420 |
|
VOTE: 5-0-0 |
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|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
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|
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VOTE: 5-0-0 |
|
422 |
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. (Note: See Tape 65, B at 334 of this document.) |
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|
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|
|
428 |
Chair Monnes Anderson |
Closes the work session on SB 704. Opens a work session on SB 490A for the purpose of allowing Sen. Courtney to vote. |
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SB 490A – WORK SESSION |
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|
430 |
Sen. Kruse |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. COURTNEY to BE RECORDED as voting AYE on the "Motion to move SB 490A to the floor with a DO PASS AS AMENDED recommendation.". |
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|
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VOTE: 5-0-0 |
|
|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. |
|
431 |
|
VOTE: 5-0-0 |
|
|
Chair Monnes Anderson |
Hearing no objection, declares the motion CARRIED. (Note: See Tape 65, B at 372 of this document.) |
|
432 |
Chair Monnes Anderson |
Closes the work session on SB 490A and opens a work session on SB 501. |
|
TAPE 66, A |
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|
SB 501 – WORK SESSION |
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|
003 |
Rick Berkobien |
Committee Administrator. Explains SB 501 and introduces the -4 amendments (EXHIBIT R). |
|
010 |
Sen. Morrisette |
MOTION: Moves to ADOPT SB 501-4 amendments dated 4/28/05. |
|
020 |
|
VOTE: 4-1-0 AYE: 4 - Kruse, Morrisette, President Courtney, Monnes Anderson NAY: 1 - George |
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|
|
Chair Monnes Anderson |
The motion CARRIES. |
|
030 |
Sen. Morrisette |
MOTION: Moves SB 501 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED. |
|
045 |
Sen. Kruse |
States why he opposes SB 501. |
|
055 |
Chair Monnes Anderson |
Discusses the intent of the bill. |
|
080 |
|
VOTE: 3-2-0 AYE: 3 - Morrisette, President Courtney, Monnes Anderson NAY: 2 - George, Kruse |
|
|
Chair Monnes Anderson |
The motion CARRIES. SEN. MONNES ANDERSON will lead discussion on the floor. |
|
085 |
Sen. Courtney |
Speaks about the referrals he considers for rescinding the bill from the committee on Ways and Means. |
|
100 |
Chair Monnes Anderson |
Comments that the “review team” was removed from the bill. Closes the work session on SB 501 and adjourns the meeting at 5:25 p.m. |
EXHIBIT SUMMARY
A. SB 503, -5 amendments, staff, 8 pp
B. SB 503, -8 amendments, staff, 9 pp
C. SB 503, written testimony, Mike Crew, 2 pp
D. SB 503, written testimony, Susan Nance, 4 pp
E. SB 503, written testimony, Judy Corwin, 3 pp
F. SB 503, written testimony, John Erkkila, 3 pp
G. SB 503, written testimony, Douglas Walta, 7 pp
H. SB 503, written testimony, Craig Fousel, 5 pp
I. SB 503, written testimony, Scott Gallant, 7 pp
J. SB 501, -2 amendments, staff, 2 pp
K. SB 501, written testimony, Megan Sweeny, 1 p
L. SB 501, written testimony of Shannon Callahan, staff, 1 p
M. SB 501, written testimony, Jim Davis, 2 pp
N. SB 541, -A3 amendments, staff, 1 p
O. SB 819, -3 amendments, staff, 4 pp
P. SB 704, -3 amendments, staff, 1 p
Q. SB 490, -A amendments, staff, 1 p
R. SB 501, -4 amendments, staff, 2 pp