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 |
|
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