HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

 

August 26, 2003   Hearing Room HR E

9:00 A.M. Tapes  144 - 145

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson Vice-Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy Close

Rep. Joanne Verger

 

 

STAFF PRESENT:                  Cara Filsinger, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     SB 875 B – Work Session

                                                SB 904 B – Work Session

                                                SB 937            B – Work Session

                                                SB 450 A – Work Session

                                                SB 709 A – Work Session           

                                                SB 360 A – Work Session

                                                SB 655 A – Work Session

                                                SB 620 A – Work Session

                                                SB 360 A – Work Session

                                                SB 139 B – Work Session           

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 144, A

003

Chair Doyle

Calls the meeting to order at 10:14 and opens a work session on          SB 875. 

SB 875 B – WORK SESSION

011

Rep. Greenlick

HD 33.  Testifies in favor of SB 875 B.  Notes widespread support for the legislation which will allow for bulk purchasing of prescription medication.  Also states that the bill has met the concerns of the pharmaceutical companies.

068

Rep. Verger

Asks if this program will work along with some of the other programs already in place or whether it will supercede those programs.

073

Rep. Greenlick

Notes that the current programs will remain in place.  Affirms that     SB 875 B will add to those who can receive more affordable medication.

081

Rep. Flores

MOTION:  Moves SB 875B to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means  BE RESCINDED.

088

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

089

Chair Doyle

The motion CARRIES.

REP. GREENLICK will lead discussion on the floor.

091

Chair Doyle

Closes the work session on SB 875 B and opens a work session on     SB 904.

SB 904 B – WORK SESSION

095

Bill Taylor

Judiciary Committee Council.  Speaks on behalf of Senators Minnis, Burdick, and Walker, in support of SB 904.  Addresses the effects of the proposed abolishment of the Dispute Abolishment Commission.

133

Rep. Verger

Asks for clarification on the B-engrossed bill.  Asks if the bill is a sunset provision

138

Taylor

Confirms that it is a sunset provision.

145

Rep. Flores

MOTION:  Moves to RESCIND the SUBSEQUENT REFERRAL for SB 904 B to the committee on Ways and Means.

147

 

VOTE:  7-0

148

Chair Doyle

Hearing no objection, declares the motion CARRIED.

150

Rep. Flores

MOTION:  Moves SB 904B to the floor with a DO PASS recommendation.

152

Rep. Verger

Comments that the bill seems very fiscally responsible.

158

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

159

Chair Doyle

The motion CARRIES.

REP. VERGER will lead discussion on the floor.

161

Chair Doyle

Closes the work session on SB 904 B and opens a work session on            SB 937 A.

The following prepared testimony is submitted for the record without public testimony for SB 904 B.

 

Staff

Submits (EXHIBIT A).

SB 937 A – WORK SESSION

164

Marshall Coba

American Council of Engineering Companies (ACEC) of Oregon. Submits (EXHIBIT B) and testifies in support of SB 937 A, clarifying the definition of an engineer.

185

Rep. Flores

MOTION:  Moves SB 937A to the floor with a DO PASS recommendation.

191

Rep. Barnhart

Refers to jurisdiction of the new board and expresses support for the bill.

198

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

201

Chair Doyle

The motion CARRIES.

REP. BARNHART will lead discussion on the floor.

203

Chair Doyle

Closes the work session on SB 937 A and opens a work session on         SB 450 B.

SB 450 B – WORK SESSION

207

Chair Doyle

Addresses the voter’s pamphlet statement issue raised by SB 450 B.

231

Rep. Barnhart

Asks for clarification on the effects of the bill.

239

Chair Doyle

Clarifies the language in the bill.

242

John Lindback

Director of Elections, Secretary of State’s office.  Expresses support for the legislation to allow the Elections Division more leeway.

266

Rep. Flores

MOTION:  Moves SB  450 to the floor with a DO PASS recommendation.

281

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

283

Chair Doyle

The motion CARRIES.

REP. FLORES will lead discussion on the floor.

285

Chair Doyle

Closes the work session on SB 450 B and opens a work session on          SB 709 A.

SB 709 A – WORK SESSION

289

Susan King

Oregon Nurses Association.  Addresses the –A2 amendments (EXHIBIT C) and the –A3 amendments (EXHIBIT D), and expresses support for both amendments and the bill.

305

Rep. Monnes Anderson

Asks for an explanation how a clinical nurse specialist training compares to a nurse practitioner’s training and the difference in the ability to write prescriptions.

313

Teresa Goodell

Clinical nurse specialist.  Explains the differences between a clinical nurse specialist and a nurse practitioner.

338

Rep. Verger

Expresses concern for a widening on scope.  References the testimony from Dr. Rasmussen and the credible job performed by the nurse specialists.  

358

Rep. Close

Asks about the education of the clinical nurse specialist.

360

King

Replies that a Master’s degree is required.

366

Rep. Close

Asks how extensive the training in chemistry and pharmacology is for clinical nurse specialists.

368

King

Replies that the training is the same as that of the nurse practitioner.

374

Chair Doyle

Recesses the meeting for a call of the house at 10:38 a.m.

RECESS

375

Chair Doyle

Reconvenes the meeting at 10:52 and announces the intention to remain in recess until 1:00 p.m.

RECESS

382

Chair Doyle

Reconvenes the hearing at 1:12 and resumes the hearing on SB  709 A.

 

 

 

389

Rep. Monnes Anderson

MOTION:  Moves to ADOPT SB 709-A2 amendments dated 7/10/03.

393

Rep. Backlund

Addresses the educational requirements.

397

 

VOTE:  7-0

398

Chair Doyle

Hearing no objection, declares the motion CARRIED.

403

Rep. Monnes Anderson

MOTION:  Moves to ADOPT SB 709-A3 amendments dated 7/11/03.

406

 

VOTE:  7-0

407

Chair Doyle

Hearing no objection, declares the motion CARRIED.

417

Rep. Monnes Anderson

MOTION:  Moves SB 709A to the floor with a DO PASS AS AMENDED recommendation.

421

Rep. Close

Expresses constituent concerns regarding the potential inadequacies of nurses’ training and thus will vote nay on SB 139 A.

425

Rep. Flores

States that she still needs to speak with constituents and will vote nay in committee, but may change her vote on the floor.

433

 

VOTE:  5-2

AYE:               5 - Backlund, Barnhart, Monnes Anderson, Verger, Doyle

NAY:               2 - Close, Flores

437

Chair Doyle

The motion CARRIES.

REP. MONNES ANDERSON will lead discussion on the floor.

439

Rep. Close

Serves notice of a possible minority report.

437

Chair Doyle

Closes the work session on SB 709 A and opens a work session on     SB 360 A.

TAPE 145, A

SB 360A – WORK SESSION

011

Rep. Butler

HD 60.  Speaks in favor of SB 360 A.  Notes that this legislation is a job creation bill in order to bring high-technology jobs back to Oregon.

040

Rep. Verger

Speaks in favor of the concept of SB 360 A.  Addresses the invisible competition with other states, noting that this bill will help us to be competitive.

050

Rep. Flores

MOTION:  Moves SB 360A to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

057

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 – Barnhart*

059

Chair Doyle

The motion CARRIES.

REP. BUTLER will lead discussion on the floor.

060

Chair Doyle

Closes the work session on SB 360 A and opens a work session on      SB 655 A.

SB 655 A – WORK SESSION

063

Senator Walker

SD 7.  Addresses the –A7 amendments (EXHIBIT E) plus submits constituent letters (EXHIBIT F), (EXHIBIT G), and (EXHIBIT H) in support of the –A7 amendments to SB 655 A, relating to phone access for domestic violence victims.

091

Rep. Verger

Asks for clarification on why victims might lose telephone service.

093

Sen. Walker

Explains why that could be the case.

101

Rep. Verger

Comments on a similar potential problem, dealing with credit history.

107

Sen. Walker

Illustrates the potential with a personal anecdote.

113

Rep. Backlund

Concurs with Sen. Walker and Rep. Verger.

117

Sen. Walker

Addresses the additional language  in the –A7 amendments. 

126

Chair Doyle

Addresses that language – the second section, dealing with the “do not call registry.”

132

Kevin Neely

Attorney General’s office.  Addresses the second section, dealing with the preemption vis-à-vis federal law enforcement.  Notes growing support for the FCC preemption. 

137

Rep. Flores

MOTION:  Moves to ADOPT SB 655-A7 amendments dated 8/26/03.

141

 

VOTE:  7-0

142

Chair Doyle

Hearing no objection, declares the motion CARRIED.

144

Rep. Flores

MOTION:  Moves SB 655A to the floor with a DO PASS AS AMENDED recommendation.

159

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

161

Chair Doyle

The motion CARRIES.

REP. BACKLUND will lead discussion on the floor.

165

Chair Doyle

Closes the work session on SB 655 A and opens a work session on       SB 620 A.

The following prepared testimony is submitted for the record without public testimony for SB 655 A.

 

Cheryl Pellegrini

Attorney-in-Charge, Department of Justice.  Submits (EXHIBIT I).

SB 620 A – WORK SESSION

172

Teresa Miller

Oregon Trial Lawyers’ Association.  Testifies in support of SB 620 A, relating to workers’ compensation.  Asserts no known opposition to the bill.

192

Rep. Monnes Anderson

MOTION:  Moves SB 620A to the floor with a DO PASS recommendation.

208

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

216

Chair Doyle

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

221

Chair Doyle

Closes the hearing on SB 620 A and reopens a work session on           SB 360 A.

SB 360 A – WORK SESSION

217

Rep. Doyle

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. BARNHART to BE RECORDED as voting AYE on SB 360.

219

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

220

Chair Doyle

The motion CARRIES.

221

Chair Doyle

Closes the work session on SB 360 A and recesses the hearing at     1:31 p.m.

RECESS

222

Chair Doyle

Reconvenes the meeting at 6:11 p.m. and opens a work session on                   SB 139 B.

SB 139 B – WORK SESSION

224

Chair Doyle

Addresses SB 139 B regarding the voters’ pamphlet.  Comments that this bill would pay for the voters’ pamphlet.  Introduces the –A7 amendments (EXHIBIT J) and the –A8 amendments (EXHIBIT K) to deal with concerns of the Secretary of State regarding the funding of the voters’ pamphlet.  Explains the implications of the bill. 

321

Chair Doyle

Continues with the process of amending of SB 139 B has taken, noting Rep. Shetterly’s participation as well as that of the Secretary of State’s office, the Speaker’s office, and other concerned parties. 

TAPE 144, B

002

Chair Doyle

Begins the explanation of the bill itself, noting where the various prior bills have been inserted.  Points out conflict, which was addressed and dealt with in the –A8 amendments.

053

Rep. Monnes Anderson

Asks for clarification why a section dealing with prohibited contributions is being deleted.

055

Chair Doyle

Replies that the Secretary of State’s office has advised Legislative Council that the cited provision is unconstitutional.  Continues explaining the various provisions of the bill.

093

Rep. Barnhart

Asks about the inclusion of Section 50.

094

Rep. Verger

Also expresses concern about Section 50.

095

Chair Doyle

States that Section 50 was an amendment included by the Chair as a result of a previous hearing on HB 2142.

098

Rep. Verger

Asks about the removal of judicial candidates.

099

Chair Doyle

Affirms Rep. Verger’s assumption.

104

Rep. Barnhart

Asks if Sections 51 and 52 were also submitted by the Chair.

112

Chair Doyle

Affirms that they were.  Continues dissection of the bill from Page 59. Continues noting inclusions from various interests.

205

Rep. Barnhart

Asks for clarification on reporting in-kind contributions.

208

Chair Doyle

Clarifies the intent and continues with Sections 71 through 76.

245

Rep. Verger

Asks where Section 77 and 78 came from.

 

 

 

248

Chair Doyle

Replies that they were requested by the Secretary of State.  Concludes the overview of the bill.

257

Ted Reutlinger

Legislative Council.  Addresses the minor changes in the                        –B8 amendments from the –B7 amendments.

269

Cara Filsinger

Committee Administrator.  Confirms the difference between the –B7 and the –B8 amendments.

283

Chair Doyle

Asserts that a conceptual amendment will probably be required.

291

Reutlinger

Confirms that a conceptual amendment will be required to fix    Sections 77 and 78.  Details the 10-15 changes required for the conceptual amendments.

381

Chair Doyle

Asks for a rule suspension to deal with the conceptual amendments.   

393

Rep. Verger

Asks about incumbency and the rationale for removing it from the voters pamphlet.

394

Chair Doyle

Asserts that Oregon is the only stat in the union which allows the incumbency and removing the provision would put Oregon on par with the other states in the union.

403

Rep. Doyle

MOTION:  Moves to SUSPEND the rules for the purpose of considering a conceptual amendment to SB 139.

406

 

VOTE:  7-0

407

Chair Doyle

Hearing no objection, declares the motion CARRIED.

414

Filsinger

Asks Reutlinger for the changes to the conceptual amendments.

421

Reutlinger

Confirms the language for the conceptual amendments.

441

Rep. Doyle

MOTION:  Moves to ADOPT SB 139-A8 amendments dated 8/26/03 and that the measure be FURTHER AMENDED on page 67, line 24, by replacing "effective date" after "on or after the" with “operative date specified in Section 79” and also on page 67, line 26, page 68, line 1, line 4, line 7, line 10, line 21, line 22, line 25, line 28, and line 29; page 69, line 1, line 4, line 6, and line 9.

462

 

VOTE:  7-0

464

Chair Doyle

Hearing no objection, declares the motion CARRIED.

TAPE 145, B

004

Rep. Flores

MOTION:  Moves SB 139B to the floor with a DO PASS AS AMENDED recommendation.

014

Rep. Barnhart

Expresses concern about moving such a large piece of legislation with such little time for consideration.  Addresses his concerns with the legislation, itself.    

076

Chair Doyle

Notes that the change was made that if you are there before 8:00 p.m., the individuals involved are allowed to complete filling out their ballot.  Confirms that this bill does not prohibit this action.

083

Rep. Barnhart

Reaffirms his concern for clean and honest elections.   

 

 

 

100

Chair Doyle

Asks Reutlinger about concerns regarding Section 16 relating to special elections and whether this language would apply to the upcoming September special election.

107

Reutlinger

Explains the provisions necessary to be added into the bill in order for it to apply in September. 

123

Chair Doyle

Asks if the committee members think this bill should apply to the September election.

134

Rep. Barnhart

Inquires as to whether this election has already been paid for.

137

Chair Doyle

Affirms that Rep. Barnhart is correct and it has been provided for.

141

Rep. Monnes Anderson

Expresses concern over shortening the time to vote.

159

Rep. Backlund

Asserts that the current amount of time, according to the                          –A8 amendments is a good compromise. 

167

Chair Doyle

Concurs that SB 139 B was a compromise, intended to allow for at least two weekends.

175

Rep. Monnes Anderson

Expresses concern that passage of this bill would allow for only one weekend for vote by mail, due to the time required for mailing.

179

Chair Doyle

Cites a high percentage of people who generally hand in their ballot on the last day.

181

Rep. Barnhart

Also expresses concern that problems with postal delivery could hinder people’s ability to have two weekends to return their ballot.

216

Rep. Close

States that the amount of time is reasonable, given that the rest of the country has one day to vote.

221

Rep. Verger

Comments that two weeks seems like a reasonable amount of time.

224

Rep. Barnhart

Reiterates concern about the mail delivery.

226

Rep. Verger

Restates that she is comfortable with the timing.

228

Rep. Barnhart

Notes that the chief election officer is available for comments.

232

Chair Doyle

States that the committee will not hear any additional invited testimony.

244

 

VOTE:  5-2

AYE:               5 - Backlund, Close, Flores, Verger, Doyle

NAY:               2 - Barnhart, Monnes Anderson

248

Chair Doyle

The motion CARRIES.

253

Rep. Flores

MOTION:  Moves SB 139B to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

257

Rep. Barnhart

Reiterates his concerns as to the fee.

263

 

VOTE:  5-2

AYE:               5 - Backlund, Close, Flores, Verger, Doyle

NAY:               2 - Barnhart, Monnes Anderson

266

Chair Doyle

The motion CARRIES.

REP. DOYLE will lead discussion on the floor.

269

Rep. Monnes Anderson

Serves notice of a possible minority report.

271

Chair Doyle

Closes the work session on SB 139 B and recesses the meeting at    7:14 p.m .

The following prepared testimony is submitted for the record without public testimony for SB 139 B.`

 

Margaret Noel

Submits (EXHIBIT L).

RECESS

272

Chair Doyle

Reconvenes the meeting at 8:19 p.m. and adjourns the meeting at          8:19 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 904 B, written materials, staff, 3 pp.     

B – SB 937 A, written testimony, Marshall Coba, 1 p.

C – SB 709 A, -A2 amendments, staff, 1 p.

D – SB 709 A, -A3 amendments, staff, 5 pp.

E – SB 655 A, -A7 amendments, staff, 2 pp.

F – SB 655 A, written testimony, Senator Walker, 1 p.  

G – SB 655 A, written testimony, Senator Walker, 2 pp.

H – SB 655 A, written testimony, Senator Walker, 1 p.                                                                                                  

I – SB 655 A, written testimony, Cheryl Pellegrini, 3 pp.

J – SB 139 B, -B7 amendments, staff, 69 pp.

K – SB 139 B, -B8 amendments, staff, 69 pp.

L – SB 139 B, written testimony, Margaret Noel, 1 p.