1999 Voting Record of Oregon Legislators

The 1999 Legislative Assembly will be remembered for the rollbacks that were leveled at Oregon's workers and their families. Anti-worker legislators proposed rollbacks in minimum wage, family leave, public employee collective bargaining, and limits on penalties for failure to pay wages. Fortunately, many of the rollback proposals were vetoed by Governor John Kitzhaber.

Political Party affiliation does not always reflect a lawmaker's voting record nor one's sympathy with working people's issues. Republican legislative leaders in the Senate and House controlled the legislative flow. The party affiliation of the 1999 Legislature was:

Republican lawmakers were in key leadership positions including: President of Speaker of the House, and Chairs of all Senate and House Committees.

To accurately understand a legislator's voting record, you must also look beyond the floor vote to particular votes in committee hearings. The action, or inaction, taken in committees can be more important to legislation than floor action. Committee inaction can also prevent pro-worker legislation from ever reaching the floor for a vote.

In some cases a sponsor or committee chair's willingness to accept amendments can turn an anti-worker bill into an acceptable piece of legislation such as HB 2830 which deals with Oregon OSHA Inspections. In other cases, such as SB 1321—the Safe Needle Bill—the committee chair alone stopped this important piece of legislation.

HB 2830—Oregon OSHA Inspections—The original bill, sponsored by Representative Jeff Kropf (R-Halsey) would have seriously undermined random workplace safety and health inspections, especially in high hazard industries, averted surprise inspections, and allowed management to represent workers during safety inspections.

After much lobbying by representatives of labor and suggestions of numerous amendments, Rep. Kropf agreed to a number of changes that actually made HB 2830 a positive piece of legislation to enhance workplace health and safety.

SB 1321—the Safe Needle Bill—This bill "came back to life" in the Senate as Senator Cliff Trow's (D-Corvallis) priority bill with over 20 senators supporting it. Co-sponsors included 9 Republicans and 5 Democrats from both chambers. Senator Neil Bryant (R-Bend) requested the bill be referred to his Judiciary Committee where all 7 members on the committee were in favor of the bill. However, Senator Bill Fisher (R-Roseburg) Chair of the Senate Health and Human Services Committee and a nursing home owner, refused to refer the bill to Judiciary despite requests from several senators, thereby single-handedly killing this important bill.

SB 1321 would have required Oregon's health care facilities to use needles with safety devices to protect their employees from accidental needlesticks. Similar legislation was passed in California where they found that the use of such needles would reduce accidental needlesticks by 75%. Their state OSHA also found that it would save health care facilities in that state over $100 million dollars by reducing injuries and contraction of diseases faced by workers when they suffer needlesticks.

Some of the legislation aimed at rolling back worker-protections like HB 2486—Family Leave Rollback and HB 2793—Minimum Wage Rollback stopped moving through the process while negotiations continued with Governor John Kitzhaber. The Governor made it clear that these worker rollbacks and others were unacceptable and he would exercise his veto authority if they reached his desk. In many instances the Governor was the only obstacle to prevent worker rollbacks from becoming law. It takes 16 votes in the Senate, 31 votes in the House, and the Governor's signature for a bill to become law.

The following bills were used to rate legislators during the 1999 legislative session. They were chosen by the Oregon AFL-CIO lobbyists to represent a wide range of issues important to working people and their families. Our analysis is confined to action taken on the floor of one or both chambers.

SB 722—Three-tiered PERS Retirement Benefits. This bill would have created another lower tier for Public Employee Retirement System participants who begin employment after January 1, 2000. Passed the Senate 16—YES to 14—NO. Failed the House 20—YES to 40—NO. Right Vote: No
SB 1115—Limitation on the Rights of Farmworkers. SB 1115—Oregon Farm Bureau Federation's bill would allow employers to discharge farmworkers for collective activity such as picketing a farm, ranch, nursery or orchard during normal working hours. Passed the Senate 17—YES to 13—NO. Passed the House 39—YES to 18—NO. Right Vote: No. Vetoed by Governor Kitzhaber.
SB 1181—Undermines Collective Bargaining for Educational Employees. This bill would have directed school districts to use an "allowable growth factor" determined by the Oregon Department of Administrative Services in developing budgets, entering contracts and negotiating collective bargaining agreements. Passed the Senate 16—YES to 14—NO. In the House upon adjournment. Right Vote: No
HB 2238—Unemployment Insurance Exclusion. This bill was used as a vehicle for an amendment to exclude pharmacists from Unemployment Insurance (UI). This bill also carried a good amendment to allow UI for victims of domestic violence. The Employment Department may implement this section through rule-making. Minority Report failed in the House 33—NO to 25—YES. Passed the Senate 18—YES to 12—NO. Right Vote: No. Vetoed by Governor Kitzhaber.
HB 2486—Family Leave Rollback. Associated Oregon Industries' bill to allow employers to return an employee to "an available, equivalent position" instead of the current requirement of the "same position" after taking unpaid family leave. HB 2486 would circumvent a 1995 compromise negotiated to consolidate provisions of the state's leave laws. Passed the House 35—YES to 24—NO. In Committee upon adjournment. Right Vote: No
HB 2793—Minimum Wage Rollback. Oregon Restaurant Association's bill to allow tip credit and a training wage exclusion from the Minimum Wage.

Restaurant Tip Credit—Permits eating and drinking establishments to pay less than the minimum wage by crediting tips toward that wage. Employees averaging $3.50 an hour in tips will be paid at least $6.50 an hour. Future increases in the minimum wage will be credited against their tips.

Training Wage—For the first 45 days, employers could pay minors an "opportunity wage" of $.50 less an hour but at least $6.50 an hour. This would also apply when the minimum wage increases above the current $6.50. Passed the House 34—YES to 26—NO. Passed the Senate 16—YES to 14—NO. A slightly different version passed the Senate and a Conference Committee Report was adopted by both the House and the Senate. Right vote: No