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.
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TAPE/# |
Speaker |
Comments |
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TAPE 62, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:15 p.m. and opens a work session on SB 272. |
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SB 272 – WORK SESSION |
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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). |
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040 |
Sen. Starr |
MOTION: Moves to ADOPT SB 272-4 amendments dated 3/9/05. |
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VOTE: 4-0-3 EXCUSED: 3 - Prozanski, Ringo, Walker |
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041 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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044 |
Sen. Starr |
MOTION: Moves SB 272 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 4-0-3 EXCUSED: 3 - Prozanski, Ringo, Walker |
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047 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor. |
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049 |
Chair Burdick |
Closes the work session on SB 272 and opens a public hearing on SB 544. |
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SB 544 – PUBLIC HEARING |
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041 |
William E. Taylor |
Counsel. Describes SB 544 relating to smoking in places of employment. |
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059 |
Rep. Diane Rosenbaum |
House District 42. Submits testimony and testifies in support of SB 544 (EXHIBIT B). |
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106 |
Rep. Rosenbaum |
Talks about their responsibility to monitor the clean air and health of the citizens. |
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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. |
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145 |
Kohn |
Details how many other municipalities have limited smoking in their communities. |
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161 |
Chair Burdick |
Submits written testimony from (EXHIBITS D – I). Comments on the effects of second-hand smoke on allergies. |
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168 |
Kohn |
Articulates the effects of second-hand smoking on allergies. |
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177 |
Chair Burdick |
Talks about how asthma is worsened by tobacco use. |
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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. |
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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. |
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211 |
Sen. Whitsett |
Wonders if the death certificate discerns between second hand smoke and those who are smokers. |
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214 |
Kohn |
Replies in the negative, and gives information on the estimate of second hand smokers. |
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221 |
Sen. Whitsett |
Inquires if the figures are based on a model as opposed to empirical evidence. |
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223 |
Kohn |
Responds with information on the estimates. |
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231 |
Sen. Beyer |
Asks if SB 544 is part of the Governor’s budget. |
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233 |
Kohn |
Replies that there is not a fiscal impact, to his knowledge. |
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237 |
Sen. Beyer |
Gives information on the revenue impact from loss of cigarette taxes. |
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258 |
Sen. Walker |
Talks about how Eugene prohibits smoking in these areas, and has not seen a decrease in revenue. |
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270 |
Kohn |
Discusses comprehensive smoke free workplaces in other municipalities and states. |
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285 |
Michael G. Penner |
Submits testimony and testifies in support of SB 544 (EXHIBIT J). Details his personal story with second hand smoking. |
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316 |
Sen. Beyer |
Asks what prevented him from making the bar smoke-free. |
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318 |
Penner |
Replies that competition forces him to keep smoking available in his bar. |
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328 |
Sen. Beyer |
Inquires about lottery not being supported by the legislature as a comparison. |
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347 |
Penner |
Responds that he would take a 30% cut in his lottery proceeds if he could have a 30% longer life. |
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365 |
Sen. Walker |
Talks about Eugene’s smoke free statute. Addresses the issue of leveling the playing field for all places of employment. |
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376 |
Sen. Whitsett |
Raises the issue of removing the ability to smoke in places of employment. |
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405 |
Rep. Carolyn Tomei |
House District 41. Testifies in support of SB 544. |
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425 |
Rep. Tomei |
Recounts personal stories of second hand smoke. |
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490 |
Sen. Whitsett |
Comments on his wife being allergic to smoke. |
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TAPE 63, A |
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038 |
Ellen Whyte |
Musician. Submits testimony and testifies in support of SB 544 (EXHIBIT K). Sings for the committee. |
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073 |
Tony Uliano |
Manager of Environmental Health & Safety, Oregon Health Sciences University. Submits testimony and testifies in support of SB 544 (EXHIBIT L). |
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120 |
Uliano |
Discusses a recent study he performed on two known agents resulting from cigarette smoke in places of employments. |
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170 |
Uliano |
Talks about the Citizens Task Force on Ventilation, dealing with eliminating tobacco smoke in public places. |
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220 |
Misty Eichholz |
Waitress. Submits testimony and testifies in support of SB 544 (EXHIBIT M). |
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275 |
Eichholz |
Discusses waiters and waitresses dealing with second hand smoke. Talks about everyone’s right to breathe fresh air. |
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301 |
Chair Burdick |
Submits written testimony from Jennifer McKee (EXHIBIT N). |
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304 |
Rick Clingman |
Musician. Submits testimony and testifies in support of SB 544 (EXHIBIT O). |
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355 |
Clingman |
Details that people go to these places because of the social environment, not because of the smoking available. |
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412 |
Kylie Meiner |
Tobacco-Free Coalition of Oregon. Submits testimony and testifies in support of SB 544 (EXHIBIT P). |
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430 |
Meiner |
Continues reading testimony (Exhibit P). |
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470 |
Meiner |
Continues reading testimony (Exhibit P). |
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TAPE 62, B |
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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. |
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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. |
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130 |
Perry |
Discusses the relation between smoking and Oregon Lottery sales. Details the losses from fraternal organizations and bingo halls. |
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172 |
Chair Burdick |
Asks about the worker perspective and what amount of restaurants provide health insurance to their workers. |
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175 |
Perry |
Replies that he doesn’t have the exact numbers. States that some restaurants will pay their employees more money to stop smoking. |
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200 |
Chair Burdick |
Inquires if members are concerned with second-hand smoke issues. |
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205 |
Perry |
Stresses the atmosphere is a big selling point for many bars, and that they aren’t health clubs; everyone knows this. |
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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. |
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282 |
Rowe |
Addresses studies that deal with negative effects from second hand smoke. Highlights the numbers dealing with the studies on smoking. |
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341 |
Sen. Beyer |
Asks about the definition of a lounge area and a tobacconist in the drafting of the bill. |
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354 |
Taylor |
Responds with information on the definition. |
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363 |
Sen. Prozanski |
Brings up the issue of Ireland banning all smoking in their pubs. |
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373 |
Rowe |
Replies with data on Ireland’s legislation on banning smoking in their pubs. |
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391 |
Perry |
States that many microbreweries that are going to non-smoking. |
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406 |
Andrea Brinlee |
Waitress, Magoo’s. Testifies in opposition to SB 544. |
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450 |
Chair Burdick |
Asks if she smokes herself. |
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451 |
Brinlee |
Responds that she does not smoke regularly. |
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457 |
Chair Burdick |
Inquires about smoke getting into the clothes. |
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461 |
Brinlee |
Replies that no matter where you work as a waitress, your clothes will smell. |
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482 |
Perry |
Discusses the consumer standpoint. |
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411 |
Rowe |
Gives statistics on the impacts on bars in New York due to smoking customers going elsewhere. |
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TAPE 63, B |
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052 |
Shawn Miller |
Oregon Charitable Gaming Association. Submits a testimony packet and testifies in support of SB 544 (EXHIBIT Q). |
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070 |
Jack Elder |
Chairman, Oregon Charitable Gaming Association. Submits testimony and testifies in opposition to SB 544 (EXHIBIT R). Cites information on Bingo customers. |
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110 |
Elder |
Stresses that the industry will be negatively impacted and the charitable groups will lose their license. |
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143 |
Greg Hitchcock |
Submits testimony and testifies in opposition to SB 544 (EXHIBIT S). |
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153 |
Don Smith |
Submits testimony and testifies in opposition to SB 544 (EXHIBIT T). |
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194 |
Rae Gleason |
Executive Director, National Fibromyalgia Research Association. Submits testimony and testifies in opposition to SB 544 (EXHIBIT U). |
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235 |
Kevin Cradock |
Licensee, Alto Lounge. Testifying in support of SB 544. |
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259 |
Pat Schumacher |
Testifies in support of SB 544. Stresses that people will play bingo if they can smoke or not. |
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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. |
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322 |
Laura Culberson |
Executive Director, Tobacco-Free Coalition of Oregon. Submits testimony and testifies in support of SB 544 (EXHIBIT W). |
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370 |
Culberson |
Discusses the economic benefits in different states resulting from the ban of smoking in work places. |
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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. |
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396 |
Chair Burdick |
Adjourns the meeting at 3:05 p.m. |
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EXHIBIT SUMMARY