Oregon Ballot Measure 38 (2004)
Encyclopedia
Ballot Measure 38 of 2004 would have abolished Oregon's
State Accident Insurance Fund (commonly known as SAIF Corporation), a nonprofit state-chartered workers' compensation
provider. SAIF's assets would have been sold and the revenues from the sale would have been used to fund school
s and other state services. Voters defeated the measure in the 2 November 2004 general election
, with 670,935 votes in favor, and 1,037,722 votes against.http://www.sos.state.or.us/elections/nov22004/abstract/m38.pdf It was placed on the ballot
by initiative petition
by the political group Oregonians for Accountability.
Supporters of the measure pointed to a series of scandal
s at the government agency. They portrayed the agency as out-of-control and lacking proper oversight, and especially decried the agency's hiring of lobbyists
to advocate on the agency's behalf. Measure 38 supporters capitalized on the fact that former governor
Neil Goldschmidt
, who admitted in 2004 to a sexual
relationship
with a 14-year-old girl in the 1970s, was one of the lobbyists. Later in the campaign, supporters ran ads portraying SAIF as a threat to gay rights, quoting a memo written by a former CEO in which she suggests the agency challenge the Oregon Court of Appeals
decision in Tanner v. OHSU (157 Or.App. 502), which required public employers to extend domestic partner
benefits to same-sex couples. Supporters also argued that abolishing the state-run insurer would lead to more competition
and reduce rates.
Critics of the measure, which included the state's largest business
lobby
and the state chapters of the National Federation of Independent Business
and the AFL-CIO
, argued that SAIF is critical to keeping workers' compensation rates low. They also argued that Oregonians for Accountability was actually a front for Liberty Mutual
, SAIF's major competitor for workers' compensation
policies.
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
State Accident Insurance Fund (commonly known as SAIF Corporation), a nonprofit state-chartered workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
provider. SAIF's assets would have been sold and the revenues from the sale would have been used to fund school
School
A school is an institution designed for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is commonly compulsory. In these systems, students progress through a series of schools...
s and other state services. Voters defeated the measure in the 2 November 2004 general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
, with 670,935 votes in favor, and 1,037,722 votes against.http://www.sos.state.or.us/elections/nov22004/abstract/m38.pdf It was placed on the ballot
Ballot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
by initiative petition
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
by the political group Oregonians for Accountability.
Supporters of the measure pointed to a series of scandal
Scandal
A scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed...
s at the government agency. They portrayed the agency as out-of-control and lacking proper oversight, and especially decried the agency's hiring of lobbyists
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
to advocate on the agency's behalf. Measure 38 supporters capitalized on the fact that former governor
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
Neil Goldschmidt
Neil Goldschmidt
Neil Edward Goldschmidt is an American businessman and former Democratic politician from Oregon who held local, state, and federal offices over three decades. After serving as the governor of Oregon, Goldschmidt is widely considered the most influential figure in the state's politics, both as an...
, who admitted in 2004 to a sexual
Human sexuality
Human sexuality is the awareness of gender differences, and the capacity to have erotic experiences and responses. Human sexuality can also be described as the way someone is sexually attracted to another person whether it is to opposite sexes , to the same sex , to either sexes , or not being...
relationship
Intimate relationship
An intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
with a 14-year-old girl in the 1970s, was one of the lobbyists. Later in the campaign, supporters ran ads portraying SAIF as a threat to gay rights, quoting a memo written by a former CEO in which she suggests the agency challenge the Oregon Court of Appeals
Oregon Court of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem...
decision in Tanner v. OHSU (157 Or.App. 502), which required public employers to extend domestic partner
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
benefits to same-sex couples. Supporters also argued that abolishing the state-run insurer would lead to more competition
Competition
Competition is a contest between individuals, groups, animals, etc. for territory, a niche, or a location of resources. It arises whenever two and only two strive for a goal which cannot be shared. Competition occurs naturally between living organisms which co-exist in the same environment. For...
and reduce rates.
Critics of the measure, which included the state's largest business
Business
A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...
lobby
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
and the state chapters of the National Federation of Independent Business
National Federation of Independent Business
The National Federation of Independent Business is a lobbying organization with its headquarters in Nashville, Tennessee and offices in Washington, D.C. USA, and in all 50 state capitals...
and the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, argued that SAIF is critical to keeping workers' compensation rates low. They also argued that Oregonians for Accountability was actually a front for Liberty Mutual
Liberty Mutual
Liberty Mutual Group, more commonly known by the name of its primary line of business Liberty Mutual, is a diversified global insurer and the third largest property and casualty insurer in the United States based on 2010 net written premium. It is the 82nd company on the Fortune 500 list for 2011...
, SAIF's major competitor for workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
policies.
External links
- Oregon Voter's Guide page for Measure 38--includes ballot title, text of the measure, and arguments for and against