SENATE COMMITTEE ON RULES

 

 

March 27, 2003                                                                                                   Hearing Room 343

3:00 pm                                                                                                                         Tapes 30 - 31

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair

Sen.  Bev Clarno, Co-chair

Sen.  Jason Atkinson Vice-chair

Sen. Ginny Burdick Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:           SR 1 - Public Hearing and Work Session

                                                SJR 12 – Public Hearing

                                                Introduction of Committee Measures – Work Session

                                                Executive Appointments – Work Session

                                                            Oregon Board of Dentistry

                                                            Commission on Judicial Fitness and Disability

                                                            State Parks and Recreation Commission

                                                            Oregon Racing Commission

                                                SB 102 – 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 30, A

005

Co-chair Brown

Opens committee meeting at 3:08 p.m.  Opens public hearing on SR 1.

SR 1 – PUBLIC HEARING

009

Jim Stembridge

Committee Administrator.  Summarizes SR 1, which recognizes contribution of Dutch resistance fighters in World War II.

010

Gus Smoorenburg

Veteran of WW II.  Informs the committee on his experiences being a member of the Dutch Resistance against Germany.

111

Sen. Gary George

District 12.  Points out the information published regarding Mr. Smoorenburg’s experiences and submitted it to the committee (EXHIBIT A).

198

Co-chair Brown

Closes public hearing on SR 1 and opens a work session on SR 1.

SR 1 – WORK SESSION

200

Sen. Atkinson

MOTION:  Moves SR 1 be sent to the floor with a BE ADOPTED recommendation.

201

 

VOTE:  4-0

EXCUSED:  2 - Sen. Burdick, Sen. Clarno

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

209

Co-chair Brown

Closes work session on SR 1 and opens a public hearing on SJR 12.

 

SJR 12 – PUBLIC HEARING

209

Jim Stembridge

Committee Administrator.  Summarizes SJR 12, which proposes amendment to Oregon Constitution to limit initiative amendments to Constitution to those that relate to structure and organization of government, limitation of government powers or election of government officials.

210

Sen. Rick Metsger

District 26.  Testifies in support of SJR 12.  Informs the committee regarding the limitations of amendments to the Constitution.

313

Co-chair Brown

Closes public hearing on SJR 12 and opens a work session for the purpose of introduction of committee measures.

INTRODUCTION OF COMMITTIE MEASURES – WORK SESSION

315

Jim Stembridge

Committee Administrator.  Summarizes measure drafts.

320

Sen. Clarno

MOTION:  Moves LC 3545 and drafts BE INTRODUCED as committee bills.

 

 

Co-chair Brown

VOTE:  6-0

Hearing no objection, declares the motion CARRIED.

321

Co-chair Brown

Closes work session on introduction of committee measures and opens a work session for executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

322

Jim Stembridge

Summarizes information for executive appointments.

345

Sen. Clarno

MOTION:  Moves that the appearances be waived and that the committee recommend the following appointments be confirmed by the Senate, with multiple appointments made to multiple boards or commissions to be considered en bloc:

OREGON BOARD OF DENTISTRY –RODNEY NICHOLS (EXHIBITS B, C).

COMMISSION ON JUDICIAL FITNESS AND DISABILITY – DICK FEENEY (EXHIBITS D, E).

STATE PARKS AND RECREATIN COMMISION – NIK BLOSSER (EXHIBITS F, G).

OREGON RACING COMMISSION – JEFF GILMOUR & STEPHEN WALTERS (EXHIBITS H, I).

346

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

410

Co-chair Brown

Closes the work session on executive appointments and opens a work session on SB 102.

SB 102 – WORK SESSION

411

Jim Stembridge

Committee Administrator.  Summarizes SB 102, which allows circulation of state initiative petition with summary prepared by Attorney General.  Discusses -3 amendments dated 3-19-03
(EXHIBIT J).

415

Sen. Burdick

MOTION:  Moves to ADOPT SB 102-3 amendments dated 03/19/03.

416

 

VOTE:  4-2

AYE:            4 - Sen. Burdick, Sen. Corcoran, Sen. Clarno, Sen. Brown

NAY:            2 - Sen. Atkinson, Sen. Beyer

 

Co-chair Brown

The motion Carries.

417

Sen. Burdick

MOTION:  Moves SB 102A to the floor with a DO PASS AS AMENDED recommendation.

417

 

VOTE:  4-2

AYE:            4 - Sen. Burdick, Sen. Corcoran, Sen. Clarno, Sen. Brown

NAY:            2 - Sen. Atkinson, Sen. Beyer

 

Co-chair Brown

The motion Carries.

SEN. BURDICK will lead discussion on the floor.

TAPE 31, A

002

Sen. Burdick

Describes the amendment changes of SB 102 relating to signature gathering for ballot title requirements.

026

Sen. Atkinson

States he and Sen. Beyer are requesting an additional amendment and describes the differences but notes they have not received the draft from Legislative Counsel as yet.

054

Co-chair Brown

Notes the number of ballot titles were submitted last session and the process and cost.

060

Sen. Beyer

Acknowledges the cost but states a different process that will save money.

071

Co-chair Brown

Notes the challenges would have to be done on the court level.

073

Sen. Beyer

Offers a flow chart on how the process will work.

084

Sen. Burdick

Asks if they would keep the twenty-five signature requirement.

090

Sen. Beyer

Answers the amendment would leave the twenty-five signature requirement.

091

Sen. Atkinson

States the new amendment will be a friendly process that their only objection is the timeline.

148

Co-chair Brown

Notes looking forward to a minority report from Sen. Atkinson and Sen. Beyer.

150

Co-chair Brown

Closes work session on SB 102A. Reopens a public hearing on SJR 12.

SJR 12 – PUBLIC HEARING

160

Kappy Eaton

The League of Women Voters of Oregon.  Testifies in support of SJR 12 and submits written testimony regarding the need for Constitutional amendments not to address extraneous material, extraneous people and extraneous interests (EXHIBIT K).

217

Ken Tollenaar

Eugene, Oregon.  Testifies in support of SJR 12, submits written testimony and explains how constitutions and city and county charters should establish the fundamental framework of government but should not include administrative detail (EXHIBIT L).

282

Co-chair Brown

Notes an analogy she has used that the constitution is the building structure and the laws are the walls and windows.

283

Eaton

Responds the Constitution should be the basic rule and then the legislation would support it.

299

Tollenaar

States what SJR 12 proposes is entirely reasonable.

313

Sen. Burdick

Agrees and notes that petitioners sometimes think if they try to make changes to the Constitution the legislature will just repeal, and that is not the case.

342

Jim Stembridge

Notes that written testimony from Oregon Common Cause opposing SJR 12 and written material submitted by David Frohnmayer will be entered into the record regarding SJR 12 (EXHIBITS M, N).

350

Co-chair Brown

Closes public hearing on SJR 12 and adjourns committee meeting at 4:20 p.m.

 

EXHIBIT SUMMARY

 

A – SR 1, written testimony, Sen. George, 3 pp

B – Oregon Board of Dentistry, Governor’s office, 4pp

C – Executive appointee, Rodney Nichols, staff 13 pp

D – Commission on Judicial Fitness and Disability, Governor’s office, 4 pp

E – Executive appointee, Dick Feeney, staff, 6 pp

F – State Parks and Recreation Commission, Governor’s office, 4 pp

G – Executive appointee, Nik Blosser, staff, 7 pp

H – Oregon Racing Commission, Governor’s office, 6 pp

I – Executive appointees, Jeff Gilmour and Stephen Walters, staff, 10 pp

J – SB 102, -3 amendments (3-19-03) and analysis, staff, 12 pp

K – SJR 12, written testimony, Kappy Eaton, 1 p

L – SJR 12, written testimony, Ken Tollenaar, 1 p

M – SJR 12, written testimony, Oregon Common Cause, 2 pp

N – SJR 12, written material, David Frohnmayer, 7 pp