71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HMRA to A-Eng. SB 439
 
LC 1931/SB 439-AMR6
 
                      HOUSE MINORITY REPORT
                          AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 439
 
                             June 21
 
Speaker Simmons:
  A minority of your Committee on Rules, Redistricting, and
Public Affairs, to whom was referred A-engrossed Senate Bill 439,
having had the same under consideration, respectfully reports it
back with the recommendation that it do pass with the following
amendments:
 
  On page 1 of the printed A-engrossed bill, delete lines 5
through 28 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 656.712 is amended to read:
  ' 656.712. (1) The Workers' Compensation Board, composed of
  { - five - }   { + three + } members appointed by the Governor,
is created within the Department of Consumer and Business
Services.  { + All members of the board shall be members of the
Oregon State Bar Association. + } Not more than   { - three - }
 { + two + } members shall belong to one political
party { + . + }   { - and - }  Inasmuch as the duties to be
performed by the members vitally concern the employers, the
employees  { - , as well as - }   { + and + } the
  { - whole - }  people  { - , - }  of the state, persons
 { - shall be - }  appointed   { - as members who fairly - }
 { + to the board shall + } represent the interests of
  { - all concerned - }  { +  the public + }. All board members
shall impartially apply the law in each case and   { - shall - }
 { + may + } not represent any special interest.   { - However,
at least two members shall be selected from among persons with
background and understanding as to the concerns of employers and
at least two members of the board shall be selected from among
persons with background and understanding as to the concerns of
employees. One member shall represent the interests of the public
and shall serve as the board chairperson - }  { +  The members of
the board shall elect one member to serve as board
chairperson + }.
  ' (2) A member of the board shall be appointed for a term of
four years from the date of appointment and qualification. Each
member shall hold office until a successor is appointed and
qualified. However, all board members serve at the pleasure of
the Governor and may be removed in accordance with the provisions
of ORS 656.714.
  '  { - (3) Any vacancy on the board shall be filled by
appointment by the Governor. - }
  '  { +  (3)(a) Any permanent vacancy on the board shall be
filled by appointment by the Governor.
  ' (b) Any temporary vacancy on the board shall be filled by the
temporary appointment to the board by the board chairperson of an
Administrative Law Judge employed pursuant to ORS 656.724. The
temporary board member shall serve until the permanent board
member can return to service or for a maximum of one year. + }
  ' (4) All appointments of members of the board by the Governor
are subject to confirmation by the Senate pursuant to section 4,
Article III of the Oregon Constitution.
  '  { +  SECTION 2. + }  { + (1) On the effective date of this
2001 Act, the terms of office of all members of the Workers'
Compensation Board appointed prior to and serving on the
effective date of this 2001 Act cease, and the Governor shall
make new appointments in accordance with ORS 656.712, as amended
by section 1 of this 2001 Act. An individual whose term of office
is terminated by this section is eligible for reappointment.
  ' (2) Notwithstanding the term of office specified by ORS
656.712, of the members of the Workers' Compensation Board first
appointed pursuant to this section:
  ' (a) One shall serve for a term ending four years from the
date of appointment.
  ' (b) One shall serve for a term ending three years from the
date of appointment.
  ' (c) One shall serve for a term ending two years from the date
of appointment. + } ' .
 
                         /sRichard Devlin
                           Representative
 
                         /sSteve March
                           Representative
                         ----------