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