January 28, 2000



The Industrial Welfare Commission (IWC) held the fifth in a series of public meetings and hearings with regard to AB 60. The IWC heard testimony regarding an exemption for advanced practice nurses. Pursuant to Labor Code Section 1181, the IWC also accepted testimony on other issues pertaining to AB 60 and considered the adoption of an Interim Wage Order to implement its provisions. The hearing was held on January 28, 2000, in Sacramento, at the State Capitol, Room 4203, commencing at 10:00 a.m. A transcript of the hearing has been prepared and is available for review.

Chairperson Chuck Center opened the public hearing at 10:10 am. Commissioners Barry Broad, Leslee Coleman, Bill Dombrowski and Doug Bosco were present. The IWC’s staff, including, Executive Officer Andrew Baron, Principal Analyst Michael Moreno, Analyst Christine Morse, Administrative Analyst Donna Scotti and Analyst Lisa Chin, as well as the IWC’s legal counsel, Deputy Attorney General Marguerite C. Stricklin, were also present.

Executive Officer Baron swore in the new commissioner, Doug Bosco.

Chairperson Center explained that the purpose of the hearing was first to receive testimony regarding advanced practice nurses, and then to consider the proposed Interim Wage Order. He then outlined the procedures for addressing the commission.

Following the receipt of additional testimony pertaining to AB 60, Commissioner Broad moved to adopt the proposed Interim Wage Order with certain amendments. Commissioner Dombrowski seconded the motion, which passed unanimously.

Commissioner Bosco moved that the proposed Interim Wage Order go into effect on March 1, 2000. Commissioner Dombrowski seconded the motion, which passed unanimously.

Commissioner Broad moved to convene a wage board to establish a wage order for on-site construction, mining, drilling, and logging based on the criteria set forth in Labor Code Section 1178. Commissioner Dombrowski seconded the motion, which passed unanimously.

Commissioner Broad moved to adopt the proposed Interim Wage Order as amended. Commissioner Coleman seconded the motion, which passed unanimously.

The following individuals presented testimony:

1.  B. J. Snell, California Nurse Midwives Association
2.  Susanne Phillips, California Coalition Of Nurse Practitioners
3.  Deborah Haight, California Association Of Nurse Anesthetists
4.  Deborah Gribbons (Harris), Advanced Practice Nurse.
5.  Noreen Clarke-Sheehan, Advanced Practice Nurse
6. Karen Snow-Rodriguez, Advanced Practice Nurse
7. Donna Nowicki, Advanced Practice Nurse
8. Jeanette Morrow, California Coalition Of Nurse Practitioners
9. Arlene Sheehan, Neonatal Nurse Practitioner
10. Patrice Pratoomratana, Respiratory Therapist
11. Tricia Hunter, American Nurses Association
12. Pamela Broderson, Nurse Practitioner
13. Barbara Blake, United Nurses Associations Of California
14. Vivian Miller, Nurse Practitioner
15.  Diane Fletcher, Nurse Practitioner
Mary E. Lynch, Professor, University Of California, San Francisco
17. Ellen Bair, Nurse Practitioner
18. Julianne Broyles, California Chamber Of Commerce, California Employers Association
19. Tom Rankin, California Labor Federation
20. Donald Clark, Clark Pacific
21. Scott Wetch, State Building And Construction Trades Council
22. Patricia Gates, Van Bourg, Weinberg, Roger & Rosenfeld
23. Jamie Khan, Associated General Contractors
24. Warren Mendel, Southern California Contractors Association
25. Phil Vermeulen, Engineering Contractors Association, Fence Contractors, Sacramento And Marin Building Exchanges, Flasher Barricade Association
26. Alan Smith, National Plasterers Council
27. George Oliveira, National Plasterers Council
28. Eric Carleson, California Spa And Pool Industry Education Council
29. Robert Tollen, California Independent Petroleum Association, Association Of Energy Service Companies, Independent Oil Producers Agency
30. Ed Ehlers, Associated California Loggers
31. Mark Vegh, Toc Management Systems
32. Richard Holober, California Nurses Association

Chairperson Center recessed the public hearing from 12:42 p.m. to 1:19 p.m. After the recess, the following persons also presented testimony:

33. Patrice Pratoomratana (Continued), Respiratory Therapist
34. Sandy Rock, Mad River Community Hospital
35. Linda Hayes, Critical Care Registered Nurse
36. Carol Mantell, Registered Nurse
37. Amy Meier, Scripps Memorial Hospital
38. Dawn Dingwell, California Association Of Health Facilities
39. Debbie Portela, Owner/Operator, Long-Term Care Facility
40. Jay Allen, Rcca Services
41. Kate Gattuso, Respiratory Therapist
42. Jack Mcgee, Respiratory Care Practitioner
43. Kerry Rodriguez Messer, California Association For Health Services At Home
44. Marianne Ward, Licensed Vocational Nurse, Interim Healthcare
45. Holly Swiger, Registered Nurse, Vitas Hospice
46. Mary West Piowaty, Respiratory Therapist
47. Melanie Loya, Respiratory Therapist
48. Randy Clark, California Association For Respiratory Care
49. Steve Harvey, Respiratory Care Practitioner
50. Connie Delgado Alvarez, California Healthcare Association
51. Michael Arnold, California Dialysis Council
52. Kathryn C. Rees, California Assisted Living Facilities Association
53. James Neff, Motion Picture Association Of America
54. Robert Jones, National Association Of Computer Consulting Businesses
55. Ron Mckune, The Employers Group
56. Kelly Watts, American Electronics Association
57. James Abrams, California Hotel And Motel Association
58. John Zaimes, Energy Generators
59. Joyce Iseri, California Alliance Of Child And Family Services
60. Rolf Claussen, Greater California Livery Association
61. Alan Shanedling, Fleetwood Limousine

After the IWC determined that no one present wished to give further testimony, it was agreed by common consent to adjourn the public hearing at 3:42 p.m. Commissioner Broad moved to adjourn. Commissioner Dombrowski seconded the motion, which passed unanimously.

Respectfully Submitted,

Andrew R. Baron
Executive Officer


Chuck Center

Date :  February 25, 2000