SENATE COMMITTEE ON GENERAL GOVERNMENT

March 31, 2003 Hearing Room B

3:00 p.m. Tapes 29-30

MEMBERS PRESENT: Sen. Tony Corcoran, Chair

Sen. John Minnis, Vice-Chair

Sen. Bruce Starr

Sen. Vicki Walker

STAFF PRESENT: Mark Ellsworth, Committee Administrator

Heather Gravelle, Committee Assistant

MEASURE/ISSUES HEARD: SB 783 – Public Hearing

SB 724 – Work Session

HB 2004 A – Public Hearing

` HB 2005 A – Work Session

HB 2130 A – Public Hearing and 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 29, A
005	Chair Corcoran	Calls the meeting to order at 3:10 p.m. Opens public hearing on SB 783.
SB 783 – PUBLIC HEARING
015	Mark Ellsworth	Committee Administrator. Provides an overview of SB 783.
030	Sen. Ginny Burdick	District 18. Testifies in support of SB 783. Provides written testimony. (EXHIBIT A).
040	Rep. Robert Ackerman	District 13. Testifies in support of SB 783. Provides written testimony (EXHIBIT B). Explains SB 783 would benefit nursing mothers as they return to the job market. Adds breast feeding helps to promote better health and nutrition.
050	Rep. Diane Rosenbaum	District 42. Testifies in support of SB 783. States providing the opportunity for mothers to breast feed in the workplace is a win-win situation.
087	Dan Gardner	Commissioner, Bureau of Labor and Industries. Testifies as neutral on SB 783. Provides written testimony (EXHIBIT C).
100	Gardner	Explains SB 783 attaches itself to ORS chapter 653, which covers General Conditions of Employment including Minimum Wage. Feels it would be more appropriate to place it in chapter 659 A, which includes the unlawful practice laws over which the Bureau has jurisdiction.
135	Chair Corcoran	Closes the public hearing on SB 783. Opens a work session on SB 724.
SB 724 – WORK SESSION
137	Bill Perry	Oregon Restaurant Association. Explains the -2 amendments to SB 724. Specifies why the changes were necessary.
165	Sen. Minnis	MOTION: Moves adoption of the -2 amendments to SB 724.
		VOTE: 3-0 EXCUSED: 1 –Sen. Walker
170	Chair Corcoran	Hearing no objection, declares the motion CARRIED.
175	Sen. Minnis	MOTION: Moves SB 724 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 3-0 EXCUSED: 1 –Sen. Walker
180	Chair Corcoran	Hearing no objection, declares the motion CARRIED. SEN. CORCORAN will lead discussion on the floor.
185	Chair Corcoran	Closes the work session on SB 724. Re-opens a public hearing on SB 783.
SB 783 – PUBLIC HEARING
195	Cynthia Good-Mojab	Testifies in support of SB 783. Provides written testimony (EXHIBIT D). Explains the need to allow women to breast feeding in the workplace.
290	Kate Dessommes	Testifies in support of SB 783. Provides written testimony (EXHIBIT E). States the necessity of being able to breast feed at the workplace. Adds own personal experience of having to utilize the bathroom, which is an unsanitary location.
325	Sen. Minnis	Inquires if the employer was supportive of her situation.
335	Dessommes	Responds yes. States she is here today to support other mothers whose employers aren’t supportive of breast feeding in the workplace.
345	Sen. Minnis	Asks if Deshommes knows any women who have been denied breast feeding rights.
350	Dessommes	Responds yes. Provides specific examples.
360	Sen. Minnis	Comments the language may need to be amended.
400	Chair Corcoran	Suggest discussing the language after the amendments from the Bureau of Labor and Industries are drafted by Legislative Counsel.
TAPE 30, A
020	Donalda Dodson	Administrator, Department of Human Services. Testifies in support of SB 783. Provides written testimony (EXHIBIT F).
025	Dodson	Explains how SB 783 will contribute to improving the health of Oregon’s women and children. States the bill will prohibit discrimination due to breastfeeding, and will provide employers the opportunity to be designated as a “Breastfeeding Mother Friendly Employer.”
030	Sen. Starr	Asks about the length of time required to express milk, and if it would vary between women.
035	Dessommes	Responds it does vary between women. Explains stress contributes to the productivity of expressing the milk.
050	Good-Mojab	States support of the employer, privacy and a comfortable location is key.
090	Laura Knittel	Testiifes in support of SB 783. Provides written testimony (EXHIBIT G). Explains her own experience of breastfeeding in the workplace. States one of the factors which provided her the opportunity to breastfeed was a very supportive supervisor.
150	Martha Johnson	Certified Lactation Consultant, Proponent of SB 783. Testifies in support of SB 783. Provides written testimony (EXHIBIT H). States there are ten states which have enacted laws that deal with the needs of breastfeeding mothers in the workplace.
185	Johnson	Explains SB 783 is closely modeled on enacted legislation from Connecticut, Illinois, Minnesota, California and Hawaii. Adds her own experience as a new mother who expressed milk at her workplace, and fortunately, had the full support of her supervisor.
205	Chair Corcoran	Closes the public hearing on SB 783. Opens a public hearing on HB 2004 A.
The following prepared testimony is submitted for the record without public testimony for SB 783. Julie Brandis Submits written testimony (EXHIBIT I). Mellissa Norton Submits written testimony (EXHIBIT J). United States BreastFeeding Community….Submits written testimony (EXHIBIT K).
HB 2004 A – PUBLIC HEARING
235	Brian DeLashmutt	Association of Oregon Corrections Employees. Explains the -17 amendments to HB 2004 A.
300	Bill Gary	Attorney. Explains the -18 and the-19 amendments. States they deal with the provision that provides for a look back when applying updated actuary tables.
345	Chair Corcoran	Asks for further clarification on the -18 amendments.
350	Gary	Provides specific details.
TAPE 29, B
005	Gary	Addresses Legislative Counsel’s memo to Sen. Corcoran. Mentions Judge Lipscomb’s decision regarding PERS and members receiving the full benefit of his decision.
015	Chair Corcoran	Asks what the benefit of Judge Lipscomb’s decision is.
018	Gary	States there are two aspects of Judge Lipscomb’s decision. One, the PERS Board is required to go back and re-calculate employer contribution rates. Describes the second aspect is a declaration of what the law provides. Explains it will affect the way the PERS Board conducts business in the future.
045	Gary	Explains the intent of HB 2004 A further. States if the Supreme Court declares that Judge Lipscomb is correct, the look back will be taken away, eliminating a provision that he feels is not provided in current law.
055	Chair Corcoran	Comments it is a tenuous agreement. Adds it seems to give the employers an unfair advantage.
085	Sen. Minnis	Agrees with Gary. Explains the House came back with an alternate proposal, it seems like a Fair resolution.
165	Gary	Explains the -20 amendments to HB 2004 A.
205	Chair Corcoran	Declares none of the amendments will be acted on today. Closes the work session on SB 2004 A. Opens a work Session on HB 2005 A.
HB 2005 A – WORK SESSION
225	Mark Ellsworth	Committee Administrator. Explains the A7 amendments to HB 2005 A.
260	Sen. Starr	MOTION: Moves adoption of the A7 amendments to HB 2005 A.
		VOTE: 4-0
275	Chair Corcoran	Hearing no objection, declares the motion CARRIED.
280	Sen. Minnis	Inquires if the PERS Board is compensated for their work, and if not should they be.
285	Chair Corcoran	Responds discussion has ensued on the subject of compensation. Adds there is technical expertise such as investment counselors or attorneys on the Board.
270	Sen. Minnis	Suggests holding off taking any action on HB 2005 A until the compensation issue is determined.
310	Chair Corcoran	Asks Voytko if PERS funds would be available to compensate the three Board members who are not enrolled in PERS.
315	Voytko	States it makes sense to compensate them.
395	Chair Corcoran	Suggests Voytko work with Legislative Counsel to come up with a number.
TAPE 30, B
005	Sen. Walker	Expresses we are trying to save money, now we are discussing spending money.
010	Chair Corcoran	States it won’t come out of General Funds.
030	Voytko	Seeks permission to work with the Governors appointment staff, to ensure a correct answer. Adds even a modest measure of compensation to attract talent on the new restructured PERS board.
045	Chair Corcoran	Closes the work session on HB 2005 A. Opens a public hearing on HB 2130 A.
HB 2130 A – PUBLIC HEARING
050	Mark Ellsworth	Committee Administrator. Provides an overview of HB 2130 A.
055	Gary Pelo	Legislative Assistant to Rep. Vic Backlund. Testifies in support of HB 2130 A. Provides written testimony (EXHIBIT L) on behalf of Leonard A. Hagen, Manager, Regence BlueCross BlueSheild.
085	Maxine Mcgiven	Department of Insurance. Testifies neutral on HB 2131 A. Provides clarification on the intent of HB 2131 A. States whatever rate is used by the public body either tier of composite would be the same for the active and the retired members.
095	Chair Corcoran	Asks if there is any opposition on the House side.
100	Pelo	Responds no, just confusion on the fiscal impact. Adds there isn’t a fiscal impact.
105	Minnis	Asks for the difference between a category rate and the composite rate.
110	Maxine	Explains the difference. States the category rate is the same as the tier rate. Adds the rate is established per month, per person.
140	Chair Corcoran	Closes the public hearing on HB 2130 A. Opens a work session on HB 2130 A.
HB 2130 A – WORK SESSION
150	Sen. Minnis	MOTION: Moves HB 2130 A to the floor with a DO PASS recommendation.
		VOTE: 4-0
155	Chair Corcoran	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
165	Chair Corcoran	Closes the work session on HB 2130 A. Adjourns the meeting at 4:45 p.m.

EXHIBIT SUMMARY

A – SB 783, written testimony, Sen. Ginny Burdick, 1 p

B – SB 783, written testimony, Rep. Robert Ackerman, 1 p

C – SB 783, written testimony, Dan Gardner, 2 pp

D – SB 783, written testimony, Cynthia Good-Mojab, 3 pp

E – SB 783, written testimony, Kate Dessommes, 1 p

F – SB 783, written testimony, Donalda Dodson, 2 pp

G – SB 783, written testimony, Laura Knittel, 2 pp

H – SB 783, written testimony, Martha Johnson, 2 pp

I – SB 783, additional written testimony for the record, Julie Brandis, 3 pp

J – SB 783, additional written testimony for the record, Mellissa Norton, 2 pp

K – SB 783, additional written testimony for the record, United States Breastfeeding Committee, 4 pp

L – HB 2130 A, written testimony, Leonard Hagen, 1 p