SENATE COMMITTEE ON JUDICIARY

 

 

March 10, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 62 - 63

 

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 272 – Work Session

SB 544 – 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 62, A

003

Chair Burdick

Calls the meeting to order at 1:15 p.m. and opens a work session on SB 272.

SB 272 – WORK SESSION

016

William E. Taylor

Counsel.  Describes SB 272 relating to the Oregon State Bar establishing deadlines for filing nominating petitions for board members.  Introduces the -4 amendment (EXHIBIT A).

040

Sen. Starr

MOTION:  Moves to ADOPT SB 272-4 amendments dated 3/9/05.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Prozanski, Ringo, Walker

041

Chair Burdick

Hearing no objection, declares the motion CARRIED.

044

Sen. Starr

MOTION:  Moves SB 272 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Prozanski, Ringo, Walker

047

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

049

Chair Burdick

Closes the work session on SB 272 and opens a public hearing on SB 544.

 

SB 544 – PUBLIC HEARING

041

William E. Taylor

Counsel.  Describes SB 544 relating to smoking in places of employment.

059

Rep. Diane Rosenbaum

House District 42.  Submits testimony and testifies in support of SB 544 (EXHIBIT B).

106

Rep. Rosenbaum

Talks about their responsibility to monitor the clean air and health of the citizens.

118

Mel Kohn

State Epidemiologist, Department of Human Services.  Submits testimony and testifies in support of SB 544 (EXHIBITC).  Discusses the current smoke-free workplace act.

145

Kohn

Details how many other municipalities have limited smoking in their communities.

161

Chair Burdick

Submits written testimony from (EXHIBITS D – I).  Comments on the effects of second-hand smoke on allergies.

168

Kohn

Articulates the effects of second-hand smoking on allergies.

177

Chair Burdick

Talks about how asthma is worsened by tobacco use.

183

Sen. Whitsett

Raises a conflicting issue that as the number of smokers goes down, the number of asthma cases increases.  Inquires about the number of death certificates that list second-hand smoke as a cause.

192

Kohn

Addresses the issue of asthma cases linked with tobacco.  Talks about the different diseases on death certificates that have relevance to second-hand smoke.

211

Sen. Whitsett

Wonders if the death certificate discerns between second hand smoke and those who are smokers.

214

Kohn

Replies in the negative, and gives information on the estimate of second hand smokers.

221

Sen. Whitsett

Inquires if the figures are based on a model as opposed to empirical evidence.

223

Kohn

Responds with information on the estimates.

231

Sen. Beyer

Asks if SB 544 is part of the Governor’s budget.

233

Kohn

Replies that there is not a fiscal impact, to his knowledge.

237

Sen. Beyer

Gives information on the revenue impact from loss of cigarette taxes.

258

Sen. Walker

Talks about how Eugene prohibits smoking in these areas, and has not seen a decrease in revenue.

270

Kohn

Discusses comprehensive smoke free workplaces in other municipalities and states.

285

Michael G. Penner

Submits testimony and testifies in support of SB 544 (EXHIBIT J).  Details his personal story with second hand smoking.

316

Sen. Beyer

Asks what prevented him from making the bar smoke-free.

318

Penner

Replies that competition forces him to keep smoking available in his bar.

328

Sen. Beyer

Inquires about lottery not being supported by the legislature as a comparison.

347

Penner

Responds that he would take a 30% cut in his lottery proceeds if he could have a 30% longer life.

365

Sen. Walker

Talks about Eugene’s smoke free statute.  Addresses the issue of leveling the playing field for all places of employment.

376

Sen. Whitsett

Raises the issue of removing the ability to smoke in places of employment.

405

Rep. Carolyn Tomei

House District 41.  Testifies in support of SB 544. 

425

Rep. Tomei

Recounts personal stories of second hand smoke.

490

Sen. Whitsett

Comments on his wife being allergic to smoke.

TAPE 63, A

038

Ellen Whyte

Musician.  Submits testimony and testifies in support of SB 544 (EXHIBIT K).  Sings for the committee.

073

Tony Uliano

Manager of Environmental Health & Safety, Oregon Health Sciences University.    Submits testimony and testifies in support of SB 544 (EXHIBIT L).

120

Uliano

Discusses a recent study he performed on two known agents resulting from cigarette smoke in places of employments.

170

Uliano

Talks about the Citizens Task Force on Ventilation, dealing with eliminating tobacco smoke in public places.

220

Misty Eichholz

Waitress.  Submits testimony and testifies in support of SB 544 (EXHIBIT M).

275

Eichholz

Discusses waiters and waitresses dealing with second hand smoke.  Talks about everyone’s right to breathe fresh air. 

301

Chair Burdick

Submits written testimony from Jennifer Mc­Kee (EXHIBIT N).

304

Rick Clingman

Musician.  Submits testimony and testifies in support of SB 544 (EXHIBIT O).

355

Clingman

Details that people go to these places because of the social environment, not because of the smoking available.

412

Kylie Meiner

Tobacco-Free Coalition of Oregon.  Submits testimony and testifies in support of SB 544 (EXHIBIT P).

430

Meiner

Continues reading testimony (Exhibit P).

470

Meiner

Continues reading testimony (Exhibit P).

TAPE 62, B

055

Bill Perry

Oregon Restaurant Association.  Testifies in opposition to SB 544.  Discusses the law in place (no smoking in bars in certain areas) as a compromise between the opponents and proponents of these types of laws.

085

Perry

Addresses the freedom of choice to use a legal product such as tobacco.  Stresses that law in Oregon is better enforced than anywhere else in the country.

130

Perry

Discusses the relation between smoking and Oregon Lottery sales.  Details the losses from fraternal organizations and bingo halls.

172

Chair Burdick

Asks about the worker perspective and what amount of restaurants provide health insurance to their workers.

175

Perry

Replies that he doesn’t have the exact numbers.  States that some restaurants will pay their employees more money to stop smoking.

200

Chair Burdick

Inquires if members are concerned with second-hand smoke issues.

205

Perry

Stresses the atmosphere is a big selling point for many bars, and that they aren’t health clubs; everyone knows this.

231

Steve Rowe

Owner, Cascade Cigar and Wine.  Testifies in support of SB 544.  Discusses how bar owners and state of Oregon residents would be negatively affected by this bill.  States that the Oregon Lottery revenues will go down because of this bill.

282

Rowe

Addresses studies that deal with negative effects from second hand smoke.  Highlights the numbers dealing with the studies on smoking.

341

Sen. Beyer

Asks about the definition of a lounge area and a tobacconist in the drafting of the bill.

354

Taylor

Responds with information on the definition.

363

Sen. Prozanski

Brings up the issue of Ireland banning all smoking in their pubs.

373

Rowe

Replies with data on Ireland’s legislation on banning smoking in their pubs.

391

Perry

States that many microbreweries that are going to non-smoking.

406

Andrea Brinlee

Waitress, Magoo’s.  Testifies in opposition to SB 544. 

450

Chair Burdick

Asks if she smokes herself.

451

Brinlee

Responds that she does not smoke regularly.

457

Chair Burdick

Inquires about smoke getting into the clothes.

461

Brinlee

Replies that no matter where you work as a waitress, your clothes will smell.

482

Perry

Discusses the consumer standpoint.

411

Rowe

Gives statistics on the impacts on bars in New York due to smoking customers going elsewhere.

TAPE 63, B

052

Shawn Miller

Oregon Charitable Gaming Association.  Submits a testimony packet and testifies in support of SB 544 (EXHIBIT Q).

070

Jack Elder

Chairman, Oregon Charitable Gaming Association.  Submits testimony and testifies in opposition to SB 544 (EXHIBIT R).  Cites information on Bingo customers. 

110

Elder

Stresses that the industry will be negatively impacted and the charitable groups will lose their license.

143

Greg Hitchcock

Submits testimony and testifies in opposition to SB 544 (EXHIBIT S).

153

Don Smith

Submits testimony and testifies in opposition to SB 544 (EXHIBIT T).

194

Rae Gleason

Executive Director, National Fibromyalgia Research Association.  Submits testimony and testifies in opposition to SB 544 (EXHIBIT U).

235

Kevin Cradock

Licensee, Alto Lounge.  Testifying in support of SB 544.

259

Pat Schumacher

Testifies in support of SB 544.  Stresses that people will play bingo if they can smoke or not.

284

Jeremiah Hess

Waiter.  Submits testimony and testifies in support of SB 544 (EXHIBIT V).  Talks about a reduction in athletic capabilities after getting a job in the hospitality industry.

322

Laura Culberson

Executive Director, Tobacco-Free Coalition of Oregon.  Submits testimony and testifies in support of SB 544 (EXHIBIT W).

370

Culberson

Discusses the economic benefits in different states resulting from the ban of smoking in work places.

385

Chair Burdick

Introduces written testimony from James Lussier (EXHIBIT X).  Closes the public hearing on SB 544 and moves SB 494, SB 238, SB 239, and HB 2261 to the agenda for Monday, March 14, 2005.

396

Chair Burdick

Adjourns the meeting at 3:05 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 272, -4 amendment, staff, 6 pp
  2. SB 544, written testimony, Rep. Rosenbaum, 1 p
  3. SB 544, written testimony, Mel Kohn, 4 pp
  4. SB 544, written testimony, Jay Harris, 2 pp
  5. SB 544, written testimony, Ann Trombley, 1 p
  6. SB 544, written testimony, Sue Fratt, 1 p
  7. SB 544, written testimony, Sue Fratt, 2 pp
  8. SB 544, written testimony, Jennifer McKee, 1 p
  9. SB 544, written testimony, Sam Burns, 2 pp
  10. SB 544, written testimony, Michael Penner, 2 pp
  11. SB 544, written testimony, Ellen Whyte, 3 pp
  12. SB 544, written testimony, Tony Uliano, 2 pp
  13. SB 544, written testimony, Misty Eichholz, 2 pp
  14. SB 544, written testimony, Jennifer McKee, 1 p
  15. SB 544, written testimony, Rick Clingman, 2 pp
  16. SB 544, written testimony, Kylie Meiner, 2 pp
  17. SB 544, written testimony, Shawn Miller, 17 pp
  18. SB 544, written testimony, Jack Elder, 2 pp
  19. SB 544, written testimony, Greg Hitchcock, 1 p
  20. SB 544, written testimony, Dan Smith, 1 p
  21. SB 544, written testimony, Rae Gleason, 1 p
  22. SB 544, written testimony, Jeremiah Hess, 1 p
  23. SB 544, written testimony, Laura Culberson, 1 p
  24. SB 544, written testimony, James Lussier, 1 p