SENATE COMMITTEE ON RULES

 

 

June 17, 2003                                                                                                   Hearing Room HR B

3:00 P.M.                                                                                                                     Tapes  65 - 66

 

MEMBERS PRESENT:         Sen.  Bev Clarno, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen.  Jason Atkinson, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

MEMBER EXCUSED:          Sen. Ginny Burdick, Vice-chair

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           Executive Appointments

      Commission for the Blind

            Frank Armstrong

            Donald Dartt

            Irvin Handelman

            Edward Ripplinger

            Elizabeth Rousseau-Rooney

      Oregon Board of Maritime Pilots

            Katy Eymann

            Charles Yates

      Board of Medical Examiners

            Clifford Deveney

SB 901 – Public Hearing and Work Session

SB 139 – Public Hearing

HB 3010 – 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 65, A

005

Co-chair Clarno

Calls the meeting to order at 3:10 p.m.  Opens work session on Executive Appointments.

WORK SESSION

010

Jim Stembridge

Committee Administrator.  Provides summary of qualifications of appointees.

065

Sen. Brown

MOTION:  Moves that the appearances be waived and that the committee recommend the following appointments and reappointments be confirmed by the Senate, with multiple appointments made to a single board or commission to be considered en bloc:


 

COMMISSION FOR THE BLIND – APPOINTMENT OF DONALD DARTT AND EDWARD RIPPLINGER, AND REAPPOINTMENT OF FRANK ARMSTRONG,         IRVIN HANDELMAN AND ELIZABETH ROUSSEAU-ROONEY (EXHIBIT A)

OREGON BOARD OF MARITIME PILOTS – APPOINTMENT OF CHARLES YATES AND REAPPOINTMENT OF KATY EYMANN (EXHIBIT B)

BOARD OF MEDICAL EXAMINERS – APPOINTMENT OF CLIFFORD DEVENEY (EXHIBIT C)

070

 

VOTE:  4-0

EXCUSED:  2 - Beyer, Burdick

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

085

Co-chair Clarno

Closes work session on Executive Appointments.  Opens public hearing on SB 901.

SB 901 – PUBLIC HEARING

090

Jim Stembridge

Committee Administrator.  Presents overview of SB 901, which sets procedure for statewide special election on Senate Joint Resolution 13 (2003).  Presents -1 amendments dated 6-17-03 (EXHIBIT D).

105

John Lindback

Director of Elections, Secretary of State.  Testifies as neutral on SB 901 and -1 amendments.  Offers to answer questions.

115

Stembridge

Advises the measure does not have a subsequent referral, but because of the $1.5 million impact, it should go to Ways and Means.

120

Co-chair Clarno

Closes public hearing on SB 901.  Opens work session on SB 901.

SB 901 – WORK SESSION

125

Sen. Brown

MOTION:  Moves to ADOPT SB 901-1 amendments dated 6/17/03.

 

 

VOTE:  4-0

EXCUSED:  2 - Beyer, Burdick

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

130

Sen. Brown

MOTION:  Moves SB 901 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  4-0

EXCUSED:  2 - Beyer, Burdick

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

138

Co-chair Clarno

Recesses the committee at 3:23 p.m.

**************************

RECESS         *************************

140

Co-chair Clarno

Reconvenes the committee at 3:25 p.m.  Opens public hearing on SB 139.

SB 139 – PUBLIC HEARING

143

Jim Stembridge

Committee Administrator.  Presents overview of SB 139, which establishes Elections Operating Account.  Discusses -2 amendments dated 6-3-03, -3 amendments dated 6-11-03, and -4 amendments dated 6-12-03 (EXHIBITS E, F, G).


 

165

Andi Miller

Oregon Common Cause.  Testifies in support of SB 139 with -4 amendments.  Discusses need for Voter’s Pamphlet Account.  Expresses concern over cost of putting measures on the ballot.  Suggests sunsetting prices and evaluating at the end of the 2006 election cycle.

220

Kappy Eaton

League of Women’s Voters.  Testifies in support of SB 139 with -4 amendments.  Submits written testimony (EXHIBIT H).

295

Janice Thompson

Money in Politics Research Action Project.  Raises concerns about SB 139:

·       The voter’s pamphlet is an important election education resource which is worthy of public support

·       Pamphlet credibility comes from completeness and fairness, so adjusting size and content options undermines the credibility

·       Changes should be sunsetted

Discusses -2 amendments related to ballot measure statements.

350

Sen. Brown

Asks about fee increase as barrier to local and smaller races.

370

Eaton

Responds the smaller groups sometimes do not appear in the voter’s pamphlets; fees for county or city pamphlets have not been increased.  Refers to HB 2747.

385

Sen. Brown

Asks if statewide candidates can afford the proposed fees.

390

Eaton

Acknowledges it is unfortunate but necessary.  Recommends guarding against denying access by fees which are too high.

405

Co-chair Brown

Takes gavel.  Advises the measure will be reviewed.

The following prepared testimony is submitted for the record without public testimony for SB 139:

 

Steve Lanning

AFL-CIO.  Submits written testimony (EXHIBIT I).

TAPE 66, A

010

Co-chair Brown

Closes public hearing on SB 139.  Recesses the committee at 3:43 p.m.

**************************

RECESS         **************************

012

Co-chair Brown

Reconvenes the committee at 3:45 p.m.  Opens work session on HB 3010.

HB 3010 – WORK SESSION

015

Jim Stembridge

Committee Administrator.  Presents overview of HB 3010, which requires Director of Department of Consumer and Business Services to adopt rules conforming to federal regulations relating to steel erection.  Describes -1 amendments dated 4-30-03, and -2 amendments dated
5-1-03 (EXHIBITS J, K).

025

Sen. Corcoran

MOTION:  Moves to ADOPT HB 3010-1 amendments dated 4/30/03.

 

 

VOTE:  5-0

EXCUSED:  1 - Burdick

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.


 

030

Sen. Beyer

MOTION:  Moves to ADOPT HB 3010-2 amendments dated 5/1/03.

035

Co-chair Clarno

Returns and takes gavel.

040

Sen. Beyer

Discusses -2 amendments.  Gives details about liability exemption for employers.

055

Sen. Corcoran

Advises he will vote no on the -2 amendments.

060

Stembridge

Discusses discrepancies between the two amendments.  Clarifies result if both are adopted.

070

Sen. Brown

Asks whether an employer is allowed to require a stricter standard.

075

Sen. Beyer

Asks Oregon Occupational Safety and Health Division (OR-OSHA) to appear and discuss.

080

Meg Reinhold

Senior Policy Advisor, Department of Consumer and Business Services (DCBS).  Affirms an employer would be able to impose stricter standard than 30 feet without consequence.

085

Sen. Beyer

Asks whether, if OR-OSHA rules say 10 feet (she affirms), and if legislature defines the 30-foot rule as safer, would an employer be subject to penalty.

090

Reinhold

Explains OROSHA is under federal standards, and must be at least as safe as federal standards.  Discusses response of federal Occupational Safety and Health Administration (OSHA) and OR-OSHA if the legislature decided the rule was 30 feet, and someone petitions federal OSHA that 10-foot level is safer.

125

Sen. Beyer

Asks about industry standard and potential employer liability for using a different standard put in place by legislative action.

145

Sen. Corcoran

Suggests ways to defend a company against liability claims.

155

Sen. Brown

Points out there are arguments on either side.

160

Sen. Beyer

Suggests if employer puts protection in place, and employee decides not to use it, the employer should not be liable.

 

 

VOTE:  3-2

AYE:               3 - Atkinson, Beyer, Clarno

NAY:               2 - Corcoran, Brown

EXCUSED:     1 - Burdick

 

Co-chair Clarno

The motion FAILS.

175

Sen. Atkinson

MOTION:  Moves HB 3010 to the floor with a DO PASS AS AMENDED recommendation.

190

Sen. Beyer

Explains he is undecided, but wants safest situation for workers.  Refers to injury data, which shows most injuries are from objects hitting workers, not from falls; however, most fatalities are from falls.  Advises he will vote against the bill with only the -1 amendments, to avoid putting liability onto employers.

235

Co-chair Clarno

Reiterates public policy question how best to protect workers and also protect employers from liability.


 

240

Sen. Corcoran

Expresses same ambivalence because the passion ironworkers brought was impressive.

265

Sen. Beyer

Points out trip hazards should also be addressed.

270

Sen. Brown

Expresses concern that larger companies can enforce different safety rules than smaller employers.  Predicts with the current job market, all employers will have greater latitude.  Expresses confidence in court system to decide cases appropriately.

290

Sen. Atkinson

Describes HB 3010 as captivating because of the public policy issue.  Suggests there may not be much change in liability with new rules.  Expresses support.

 

 

VOTE:  4-1

AYE:               4 - Atkinson, Corcoran, Brown, Clarno

NAY:               1 - Beyer

EXCUSED:     1 - Burdick

 

Co-chair Clarno

The motion CARRIES.

SEN. CORCORAN will lead discussion on the floor.

320

Co-chair Clarno

Closes work session on HB 3010.  Adjourns the meeting at 4:08 p.m.

 

EXHIBIT SUMMARY

 

A – Commission for the Blind, staff and Governor’s office, 21 pp

B – Oregon Board of Maritime Pilots, staff and Governor’s office, 8 pp

C – Board of Medical Examiners, staff and Governor’s office, 27 pp

D – SB 901, -1 amendments (6-17-03), staff, 1 p

E – SB 139, -2 amendments (6-3-03), staff, 13 pp

F – SB 139, -3 amendments (6-11-03), staff, 12 pp

G – SB 139, -4 amendments (6-12-03), staff, 22 pp

H – SB 139, written testimony, Kappy Eaton, 1 p

I – SB 139, written testimony, Steve Lanning, 1 p

J – HB 3010, -1 amendments (4-30-03), staff, 4 pp

K – HB 3010, -2 amendments (5-1-03), staff, 3 pp