71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1931
 
                         Minority Report
 
                           B-Engrossed
 
                         Senate Bill 439
                  Ordered by the House June 21
   Including Senate Amendments dated May 14 and House Minority
                             Report
                    Amendments dated June 21
 
Sponsored by nonconcurring members of the House Committee on
  Rules, Redistricting, and Public Affairs: Representatives
  DEVLIN, MARCH
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Reduces number of members on Workers' Compensation Board.
 { +  Requires all members of board to be members of Oregon State
Bar Association representing interests of public. + }
 
                        A BILL FOR AN ACT
Relating to the membership of the Workers' Compensation Board;
  creating new provisions; and amending ORS 656.712.
Be It Enacted by the People of the State of Oregon:
  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. + }
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