SENATE COMMITTEE ON JUDICIARY

 

 

February 22, 2005                                                                                               Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 42 - 43

Corrected 10/26/05

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

 

STAFF PRESENT:                 William E. Taylor, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 235 – Public Hearing and Work Session

                                                SB 236 – Public Hearing and Work Session

                                                SB 237 – Public Hearing and Work Session

                                                SB 238 – Public Hearing

                                                SB 239 – Public Hearing

           

 

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 42, A

004

Chair Burdick

Calls the meeting to order at 1:13 p.m. and opens a public hearing on SB 235.

SB 235 – PUBLIC HEARING

006

William E. Taylor

Counsel.  Describes SB 235 relating to places of public accommodation.  Introduces the -2 amendments (EXHIBIT A).

022

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits testimony and testifies in support of SB 235 (EXHIBITS B – D).  Details the Oregon Law Commission’s relationship with the Legislature. 

078

Sen. Ringo

Asks for the definition of “place of public accommodation.”

081

Johnson

States that Exhibit D defines the term.

091

Chair Burdick

Inquires if a “place of public accommodation” would include housing units.

096

Johnson

Replies that those terms may be under a different section, and she doesn’t believe this bill covers them.

098

Taylor

Reads the definition on page 2 of SB 235.

109

Sen. Whitsett

Questions if there is any exclusion for small business.

117

Johnson

Answers yes.

126

Denise M. Spielman

Commissioner, Oregon Disabilities Commission (ODC).  Stresses that she does not represent her employer and she is on personal time.  Reads testimony in support of SB 235 (EXHIBIT E).  Answers earlier questions about the bill and the American Disabilities Act (ADA).

164

Spielman

States that the ODC provides training for businesses in response to their responsibilities and rights under the ADA.

179

Chair Burdick

Comments on the difficulties dealing with conflicts between the federal and state laws.

184

Sen. Beyer

Brings up the issue of the -2 amendment concerning federal and state law.

207

Kevin O’Reilly

Submits written testimony of Jerry Ryan and testifies in support of SB 235 (EXHIBIT F).

262

Bob Joondeph

Director, Oregon Advocacy Center.  Submits testimony and testifies in support of SB 235 (EXHIBIT G).  Mentions federal court decisions relating to the removal of barriers for disabled individuals.

315

Joondeph

Describes the necessary requirements for true equality of service.  Points out that, within reason, a business must think about methods of assisting those individuals with disabilities.

338

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries (BOLI).  Submits testimony and testifies in support of SB 235 (EXHIBIT H).

360

Ohlemiller

Continues reading testimony (Exhibit H).

422

Ohlemiller

Continues reading testimony (Exhibit H).

465

Ohlemiller

Continues reading testimony (Exhibit H).

TAPE 43, A

055

Sen. Walker

Addresses the issue of federal and state laws conflicting. 

069

Sen. Beyer

Points out the confusion inherent in administrative rules dictating laws, as they can be changed continuously without a local business being aware.

097

Johnson

Affirms that federal and state laws change all the time as well.  States that SB 235 is meant to direct businesses to the ADA as a template to follow.

109

Chair Burdick

Inquires as to where businesses would look to find changes in the administrative rules.

111

Ohlemiller

Responds with information on where to find this data.  Talks about a BOLI hotline that answers questions concerning administrative rules.

132

Chair Burdick

Wonders if this is just another step for businesses to follow.

136

Ohlemiller

Responds yes, but BOLI would be easily available for businesses to contact.

145

Sen. Beyer

Asks if their administrative rules are beyond statutory authority.

150

Ohlemiller

Affirms that she believes they are within statutory authority.

160

Sen. Beyer

Expresses his confusion with conflicting testimony (Exhibit H).

166

Ohlemiller

Replies with information on federal and state differences on statutory authority.

179

Sen. Beyer

Raises the issue of conflicting rules on the state and federal level.

187

Taylor

Asks for clarification on this issue.

191

Ohlemiller

Responds with information on state and federal law.

205

Sen. Whitsett

Inquires as to the access to state courts.

211

Johnson

Discusses the statutes relationship with the courts.

220

Sen. Whitsett

Asks why this has never been brought into state court.

225

Ohlemiller

Replies that they don’t exactly know.  Cites information on court cases.

247

Sen. Whitsett

Inquires as to the ease of accessing state courts.

248

Johnson

Responds that the bill is meant to ease access to state courts.

252

Chair Burdick

Submits written testimony from Danielle Knight and Eugene Organ (EXHIBIT I & J).

253

Chair Burdick

Closes the public hearing on SB 235 and opens a public hearing on SB 236.

SB 236 – PUBLIC HEARING

255

Chair Burdick

Describes SB 236 relating to statute of limitations period for filing claims of unlawful discrimination in places of public accommodations.

273

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits testimony and testifies in support of SB 236 (EXHIBIT K).

298

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries.  Submits testimony on SB 236 (EXHIBIT R).

301

Chair Burdick

Closes public hearing on SB 236 and opens a public hearing on SB 237.

SB 237 – PUBLIC HEARING

309

Wendy Johnson

Deputy Director, Oregon Law Commission (OLC).  Submits testimony and testifies in support of SB 237 (EXHIBIT L).

332

Sen. Beyer

Inquires if this is the same bill as that currently in the Commerce Committee.

345

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries.  Submits testimony on SB 237 (EXHIBIT S).  Responds with information on both bills.

358

Sen. Prozanski

Clarifies the differences between the two bills.

391

Sen. Beyer

Asks if the same effect will result with the passage of these bills.

402

Sen. Prozanski

Explains the differences between the effects of the two bills.

426

Johnson

Details why the OLC has sponsored this bill.

446

Chair Burdick

Closes the public hearing on SB 237 and opens a public hearing on SB 238.

SB 238 – PUBLIC HEARING

476

William E. Taylor

Counsel.  Describes SB 238 relating to rights of firefighters, tobacco users and members of the Legislative Assembly.  Introduces the -1 amendment (EXHIBIT M).

494

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries.  Submits testimony on SB 238 (EXHIBIT T).

495

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits testimony and testifies in support of SB 238 (EXHIBITS N & O).

TAPE 42, B

040

Johnson

Goes over the different sections of Exhibit N.

064

Johnson

Discusses the -1 amendment (Exhibit M).

081

Chair Burdick

Asks for a listing of changes.

086

Johnson

Goes over the rights due to the different classes of individuals (firefighters, smokers, and Legislators).

130

Chair Burdick

Asks about the rights of elected officials.

133

Johnson

Gives information as to the rights of officials.

140

Chair Burdick

Closes the public hearing on SB 238 and opens a public hearing on SB 239.

SB 239 – PUBLIC HEARING

142

William E. Taylor

Counsel.  Describes SB 239 relating to the list of protected classes in civil rights law.

150

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries.  Submits testimony on SB 239 (EXHIBIT U).

151

Wendy Johnson

Oregon Law Commission (OLC).  Submits testimony and testifies in support of SB 239 (EXHIBIT P).

178

Sen. Beyer

Asks for a list of changes or alterations in SB 239.

165

Johnson

Replies with information on the new classifications.

195

Sen. Beyer

Desires a listing of added or changed wording.

201

Taylor

Discusses and cites examples of the confusion on the wording of the bill and the lack of consistency.

233

Chair Burdick

Closes the public hearing on SB 239.

244

Chair Burdick

Opens a work session on SB 235.

SB 235 – WORK SESSION

247

William E. Taylor

Counsel.  Describes SB 235 relating to places of public accommodation. 

258

Sen. Starr

MOTION:  Moves to ADOPT SB 235-2 amendment dated 2/22/05.

263

Sen. Beyer

States opposition to the amendment, and dictates his reasoning.

278

Sen. Starr

Talks about his confusion on the -2 amendment providing the Oregon Bureau of Labor and Industries with the authority they already have been exercising in regards to federal statute.

301

Taylor

Explains the references to federal law in relation to this bill.

318

Marcia Ohlemiller

Legal Policy Advisor, Oregon Bureau of Labor and Industries (BOLI).  Talks about the language that Legislative Counsel has used, as well as the differences between state and federal law.

346

Taylor

Inquires about the changing of state regulations due to federal standards.

352

Ohlemiller

Responds with information on the policy for rule alteration.

370

Sen. Starr

Raises the concern of disability accommodations.

377

Chair Burdick

Offers clarification on the issue of federal rule making and enforcement.

408

Sen. Starr

Asks if BOLI has been promulgating administrative rules in conformance to federal law absent this legislation.

414

Ohlemiller

Offers information as to BOLI’s administrative rules.

466

Chair Burdick

Clarifies BOLI’s policy and administrative rule process.

486

Sen. Starr

Declares his support for the -2 amendments.

492

Sen. Whitsett

Expresses his reluctance in leaving the rule making process up to the different agencies as opposed to having the Legislature dictate the methods through statutes.

515

Sen. Walker

Gives information as to her stand on the issue.

TAPE 43, B

040

Sen. Beyer

Asks about the differences between the federal and state laws.

044

Ohlemiller

Responds with information on the differences.

054

Sen. Beyer

Inquires as to the differences after the passage of SB 235 with or without the -2 amendment.

059

Ohlemiller

Replies that the effects would be exactly the same.

066

Sen. Beyer

Wonders about the effects of not adopting the -2 amendment.  States that SB 235 is a good bill, but is reluctant to pass such a bill with the -2 amendment.

088

Chair Burdick

Addresses the federal and state law differences, and how SB 235 with the -2 amendments can resolve the issues.

112

Sen. Walker

Brings up the issue of the emergency clause.

117

Sen. Prozanski

Offers clarification on the conflict between federal and state law.  Points out that the adoption of the -2 amendment is a clean up process for the bill.

146

Chair Burdick

Cites an example of the differences between state and federal law.  Calls for a roll vote on SB 235.

178

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

180

Chair Burdick

The motion CARRIES.

181

Sen. Starr

MOTION:  Moves SB 235A to the floor with a DO PASS AS AMENDED recommendation.

187

Sen. Beyer

Declares his hesitance to support this bill due to the -2 amendment.

213

Chair Burdick

Calls for a roll vote on SB 235A.

 

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

218

Chair Burdick

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

222

Chair Burdick

Closes the work session on SB 235 and opens a work session on SB 236.

SB 236 – WORK SESSION

229

Sen. Starr

MOTION:  Moves SB 236 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

232

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

234

Chair Burdick

Closes the work session on SB 236 and opens a work session on SB 237.

SB 237 – WORK SESSION

237

William E. Taylor.

Counsel.  Introduces the -2 amendment (EXHIBIT Q).

143

Sen. Starr

MOTION:  Moves to ADOPT SB 237-2 amendments dated 2/21/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

247

Chair Burdick

Hearing no objection, declares the motion CARRIED.

250

Sen. Starr

MOTION:  Moves SB 237A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

254

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

262

Chair Burdick

Closes the work session on SB 237 and adjourns the meeting at 2:50 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 235, -2 amendment, staff, 1 p
  2. SB 235, Oregon Law Commission summary, Wendy Johnson, 1 p
  3. SB 235, written testimony, Wendy Johnson, 7 pp
  4. SB 235, Americans with Disability Act, Wendy Johnson, 7 pp
  5. SB 235, written testimony, Denise Spielman, 1 p
  6. SB 235, written testimony of Jerry Ryan, Kevin O’Reilly, 1 p
  7. SB 235, written testimony, Bob Joondeph, 1 p
  8. SB 235, written testimony, Marcia Ohlemiller, 3 pp
  9. SB 235, written testimony, Danielle Knight, 1 p
  10. SB 235, written testimony, Eugene Organ, 2 pp
  11. SB 236, written testimony, Wendy Johnson, 5 pp
  12. SB 237, written testimony, Wendy Johnson, 5 pp
  13. SB 238, -1 amendment, staff, 1 p
  14. SB 238, written testimony, Wendy Johnson, 7 p
  15. SB 238, ORS 476.574, Wendy Johnson, 1 p
  16. SB 239, written testimony, Wendy Johnson, 6 pp
  17. SB 237, -2 amendment, staff, 1 p
  18. SB 236, written testimony, Marcia Ohlemiller, 3 pp
  19. SB 237, written testimony, Marcia Ohlemiller, 3 pp
  20. SB 238, written testimony, Marcia Ohlemiller, 3 pp
  21. SB 239, written testimony, Marcia Ohlemiller, 3 pp