SENATE COMMITTEE ON COMMERCE

 

 

March 01, 2005                                                                                                       Hearing Room C

3:10 P.M.                                                                                                                      Tapes 23 - 24

 

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

Sen. Doug Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 596 – Public Hearing

                                                SB 426 – Public Hearing

                                                SB 576 – Public Hearing

                                                SB 142 – Public Hearing and Work Session                                                                                      SB 148 – 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 23, A

005

Chair Prozanski

Calls the meeting to order at 3:20 p.m. Opens public hearing on SB 596.

SB 596 – PUBLIC HEARING

015

Sen. Morse

Senate District 8.  Discusses the Wage Security Fund and the intent of SB 596.  Testifies in support of SB 596.

050

Chair Prozanski

Recesses public hearing on SB 596 and opens public hearing on SB 426.

SB 426 – PUBLIC HEARING

060

Anna Braun

Committee Administrator.  Gives an overview of SB 426.

070

Mary Botkin

American Federation of State, County and Municipal Employees (AFSCME).  Discusses and submits written testimony in support of SB 426 (EXHIBIT A)

105

Chair Prozanski

Mentions the authorization card in EXHIBIT A and requests that the line requesting the social security number be taken off.

110

Botkin

Remarks that they plan to do this as well as take off other items to help avoid identity theft.

115

Sen. Whitsett

Inquires if Botkin would condone electing political officials by collecting signed intent cards by fifty (50) percent of the population.

117

Botkin

Responds.

120

Sen. Whitsett

Inquires what the difference would be.

123

Botkin

Discusses response.

128

Sen. Whitsett

Inquires if Botkin would reject the idea of a free election where a ballot is signed in privacy.

130

Botkin

Answers that this is voting to form a union, not to elect a public official.

133

Sen. Whitsett

Responds that he is making an analogy to point out that if a private election if appropriate for political elections, it should be the same for union elections.

135

Sen. Beyer

Comments on Botkin’s testimony and inquires if SB 426 mandates what is now permissive in current law.

140

Botkin

Answers, yes.

145

Sen. Beyer

Inquires if the bill is necessary to mandate current law.

147

Braun

Answers, yes that it makes a “may” a “shall.”

150

Sen. Beyer

Inquires if SB 426 was amended to reverse it’s purpose, would it disband the union.

151

Botkin

Answers, no. Discusses that one of their problems is that taxpayer’s money is spent by employers to fight union organizing.

165

Richard Schwarz

Executive Director, American Federation of Teachers – Oregon.  Discusses and submits written testimony in support of SB 426 (EXHIBIT B)

280

Joe Schaeffer

Service Employees International Union (SEIU).  Testifies in support of SB 426.

325

Tricia Smith

Government Relations Specialist, Oregon School Employees Association (OSEA).  Discusses and submits written testimony in support of SB 426 (EXHIBIT C)

410

Matt Swanson

Organizing Coordinator, Oregon American Federation of Labor Congress of Industrial Organizations (AFL-CIO).  Discusses and submits written testimony in support of SB 426 (EXHIBIT D)

TAPE 24, A

025

George Barry

Labor Relations Administrator, City of Salem, Oregon.  Discusses and submits written testimony in opposition to SB 426 (EXHIBIT E)

050

Ron Wilson

Executive Director, Oregon School Board Association.  Discusses and submits written testimony in opposition to SB 426 (EXHIBIT F)

100

Wilson

Discusses bargaining units.  Summarizes and concludes.

145

Sen. Whitsett

Inquires if Wilson feels that employees could be influenced by pro union peer pressure without a free secret ballot election. 

150

Wilson

Answers, yes.  Comments that it is a definite possibility.

152

Chair Prozanski

Inquires regarding no. 1 in Wilson’s testimony regarding local control. 

160

Wilson

Discusses response.

180

Chair Prozanski

Remarks that he does not see from his perspective where they would gain or lose local control under this process, but maybe it is a difference of opinion.

183

Wilson

Comments that perhaps it is a difference of opinion. Remarks that the ability to help construct who is in or out of the bargaining unit is a critical element of local control as far as they are concerned.

195

Tom O’Connor

Canby Utility Board, Clackamas, County, Oregon. Testifies in opposition to SB 426.  

230

John Powell

Oregon State Sheriff’s Association. Comments that he has similar concerns to O’Connor in opposition to SB 426.

240

Chair Prozanski

Closes public hearing on SB 426 and reopens public hearing on SB 596.

SB 596 – PUBLIC HEARING

250

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Testifies in support of SB 596.  Discusses the monetary status of the Wage Security Fund and the need for SB 596.

300

Marcia Ohlemiller

Legal Policy Advisor, BOLI.  Discusses and submits written testimony in support of SB 596 (EXHIBIT G).  Provides background to SB 596 and discusses current law.  Discusses the ability of SB 596 to elevate the status of Wage Security Fund liens.

370

Sen. Whitsett

Inquires why labor liens should have priority over items such as goods and construction service liens.

375

Gardner

Answers that labor liens are for employees who actually did the work and are the most affected.

385

Sen. Whitsett

Comments that people that provided other material goods would feel differently.

390

Gardner

Responds that material providers typically have other clients, whereas the employee works solely for that company and have no other source of income.

398

Sen. Whitsett

Remarks that Gardner makes a valid point.

400

Chair Prozanski

Closes public hearing on 596 and opens public hearing on SB 576.

SB 576 – PUBLIC HEARING

420

Anna Braun

Committee Administrator.  Provides an overview of SB 576.

TAPE 23, B

010

Annette Talbott

Deputy Commissioner, Bureau of Labor and Industries (BOLI).  Submits written testimony on behalf of Dan Gardner in support of SB 576 (EXHIBIT H).  Testifies in support of SB 576. 

065

Martin Taylor

Oregon Nurses Association.  Testifies in support of SB 576. 

095

Sen. Beyer

Comments that the language of SB 576 is not clear.

105

Talbott

Comments that they want everyone to practice in their scope. Remarks that an amendment could easily be written.

110

Sen. Beyer

Provides a suggestion of where to amend the language of SB 576.

120

Chair Prozanski

Clarifies Sen. Beyer’s concerns.

121

Sen. Beyer

Responds.

130

Taylor

Remarks that nurses often act under a delegated authority.   

140

Sen. Whitsett

Comments on the need to amend SB 576 to clarify that a registered nurse does not have the ability to diagnose and prescribe medication.

145

Chair Prozanski

Asks for clarification and for the amendment to be drafted.

160

Sen. Beyer

Inquires regarding who signs paperwork regarding hospitalization. 

165

Chair Prozanski

Responds to Sen. Beyer’s question.

170

Talbott

Remarks that in the case of hospitalization they still rely on the primary care provider because they need to know the nature of the condition of the patient.

175

Chair Prozanski

Closes public hearing on SB 576 and opens public hearing on SB 142.

SB 142 – PUBLIC HEARING

192

Anna Braun

Committee Administrator. Provides an overview of SB 142. Introduces the -1 amendments to SB 142 (EXHIBIT I).

200

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Discusses and submits written testimony in support of SB 142 (EXHIBIT J)

225

Shani Fuller

Manager, Policy, Rules and Legislative Section, Oregon Child Support Program - Department of Justice.  Discusses and submits written testimony in neutrality to SB 142 (EXHIBIT K)

260

Sen. Burdick

Inquires what employers do with money that is left over after paying wages.

265

Fuller

Responds.

270

Sen. Burdick

Asks if it is a crime if the money is kept.

275

Annette Talbott

Deputy Commissioner, BOLI.  Responds to Sen. Burdick’s comment. Corrects the statute in the second paragraph of EXHIBIT J.  Changes the statute to ORS 25.424.

300

Sen. Burdick

Discusses need of penalties for employers using the money for their own use.

303

Gardner

Comments that due to budgeting this may be a lower priority for the District Attorney, whereas BOLI could remedy the situation faster by sending a letter.

312

Sen. Burdick

Agrees.

315

Sen. Beyer

Inquires regarding the civil penalty for violation.

318

Talbott

Answers that it is only being proposed for this particular type of unlawful deduction.

322

Sen. Beyer

Inquires why it is needed for this one and not the others.

325

Gardner

Responds that they need it because it is really happening and they need the authority to assess a higher penalty to get the employer into compliance.

345

Sen. Beyer

Comments on previous testimony.

355

Chair Prozanski

Responds to Beyer’s comments.

365

Sen. Beyer

Comments on disagreement of making one unlawful deduction to payroll more important than other deductions.

375

Gardner

Remarks that it is a violation of a court order for an individual to not pay child support and other deductions are not a violation.

385

Matt Minahan

Dads America.  Testifies in support of SB 142.  Discusses penalties associated with non payment of child support. 

TAPE 24, B

010

Sen. Whitsett

Inquires why a misappropriation of court ordered withholding would not constitute a contempt of court.

014

Chair Prozanski

States understanding.

017

Sen. Ringo

States opinion that it is contempt of court, but he doesn’t know how helpful it would be to an individual in this case.

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

 

David A. Schuck

Attorney, Bailey, Pinney & Associates, LLC.  Submits written testimony in support of SB 142, recommending amendment (EXHIBIT L).

030

Chair Prozanski

Closes public hearing and open works session on SB 142.

SB 142 – WORK SESSION

032

Anna Braun

Committee Administrator.  Discusses -1 amendments. 

043

Sen. Beyer

MOTION:  Moves to ADOPT SB 142-1 amendments dated 02/18/05.

 

 

VOTE:  5-0-0

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

047

Chair Prozanski

Remarks that the committee is waiting on a final fiscal impact statement and will not move further on SB 142 at this time. Closes work session on SB 142 and opens work session on SB 148.

SB 148 – WORK SESSION

060

Anna Braun

Committee Administrator.  Gives an overview of SB 148.  Discusses previous testimony on SB 148. 

070

Sen. Burdick

Inquires if a fiscal impact statement has been issued.

073

Chair Prozanski

Inquires regarding fiscal impact statement.

080

Braun

Answers that a fiscal impact statement has been issued and there is no fiscal impact to SB 148.

085

Sen. Ringo

MOTION:  Moves SB 148 to the floor with a DO PASS recommendation.

 

Sen. Ringo

VOTE:  3-2-0

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               2 - Beyer, Whitsett

 

Chair Prozanski

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

100

Chair Prozanski

Discusses upcoming meetings.  Closes work session on SB 148. Adjourns meeting at 4:55 p.m.

 

 


 

 

EXHIBIT SUMMARY

 

  1. SB 426, written testimony, Mary Botkin, 2 pp
  2. SB 426, written testimony, Richard Schwarz, 5 pp
  3. SB 426, written testimony, Tricia Smith, 3 pp
  4. SB 426, written testimony, Matt Swanson, 2 pp
  5. SB 426, written testimony, George Barry, 2 pp
  6. SB 426, written testimony, Ron Wilson, 4 pp
  7. SB 596, written testimony, Marcia Ohlemiller, 2 pp
  8. SB 576, written testimony of Dan Gardner, Annette Talbott, 2 pp
  9. SB 142, -1 amendments, staff, 1 p
  10. SB 142, written testimony, Dan Gardner, 2 pp
  11. SB 142, written testimony, Shani Fuller, 1 p
  12. SB 142, written testimony, David A. Schuck, 2 pp