72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 152-1
Senate Bill 334
Sponsored by Senator NELSON (at the request of Liberty Northwest
Companies)
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 as
introduced.
Reduces number of members on Workers' Compensation Board.
Requires all members of board to be members of Oregon State Bar.
Requires all members of board to represent interests of public.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to the membership of the Workers' Compensation Board;
creating new provisions; amending ORS 656.712; and declaring an
emergency.
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 must be members of the
Oregon State Bar. + } 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 the whole - } { + and the + }
people { - , - } of the state, persons { - shall be appointed
as members who fairly - } { + appointed 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
appointment of a temporary board member by the the board
chairperson. The board chairperson may appoint only an
Administrative Law Judge employed pursuant to ORS 656.724 to fill
the vacancy. A temporary board member may 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)(a) Any vacancy on the Workers' Compensation
Board on the effective date of this 2003 Act shall be filled by
appointments made in accordance with ORS 656.712 as amended by
section 1 of this 2003 Act.
(b) If no vacancy exists on the effective date of this 2003 Act
for a board member who was selected from among persons with
background and understanding of as to the concerns of employers,
the term of the board member so selected whose term is nearest to
its expiration shall expire on the effective date of this 2003
Act. The Governor shall appoint a person to fill the vacancy
created by this paragraph pursuant to ORS 656.712 as amended by
section 1 of this 2003 Act.
(c) If no vacancy exists on the effective date of this 2003 Act
for a board member who was selected from among persons with
background and understanding of as to the concerns of employees,
the term of the board member so selected whose term is nearest to
its expiration shall expire on the effective date of this 2003
Act. The Governor shall appoint a person to fill the vacancy
created by this paragraph pursuant to ORS 656.712 as amended by
section 1 of this 2003 Act.
(d) Notwithstanding the term of office specified in ORS 656.712
as amended by section 1 of this 2003 Act, of the board members
appointed pursuant to paragraphs (b) and (c) of this subsection:
(A) One shall serve for a term ending two years from the date
of appointment; and
(B) One shall serve for a term ending four years from the date
of appointment.
(2) Except as provided in subsection (1) of this section, and
notwithstanding the term of office specified in ORS 656.712 as
amended by section 1 of this 2003 Act, the term of office of any
board member appointed prior to the effective date of this 2003
Act shall expire on December 31, 2004. One person shall be
appointed to the board effective January 1, 2005, pursuant to ORS
656.712 as amended by section 1 of this 2003 Act.
(3) An individual whose term of office is terminated by this
section is eligible for reappointment. + }
SECTION 3. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
----------