SENATE COMMITTEE ON RULES

April 03, 2003 Hearing Room 343

3:00 pm Tapes 33 - 35

MEMBERS PRESENT: Sen. Kate Brown, Co-chair, Presiding

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

MEMBER EXCUSED: Sen. Bev Clarno, Co-chair

STAFF PRESENT: Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

MEASURE/ISSUES HEARD: SJR 29 – Public Hearing

SB 722 – Public Hearing

SJR 8 – Public Hearing

Executive Appointments

Land Conservation and Development Commission

Office for Oregon Health Policy & Research

Oregon State Board of Nursing

Introduction of Committee Measures – 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 33, A
005		Co-chair Brown	Calls meeting to order at 3:03 pm. Opens a public hearing on SJR 29.
SJR 29 – PUBLIC HEARING
021		Steve Doell	President, Crime Victims United of Oregon. Testifies in support of SJR 29, which proposes amendment to Oregon Constitution relating to election of Supreme Court judges. Informs the committee it is all about fair representation and a respect of regional interests (EXHIBIT A).
106		Sen. Corcoran	Asks for a list of monies that were spent in all the Supreme Court races in the last twenty years.
110		Doell	States he is presenting Mr. Meek’s testimony and they are not his statements.
111		Sen. Corcoran	Reiterates the interest to know the amounts that were spent on other races.
113		Doell	Answers information received from other states show universally the costs were cut on campaign finance.
134		Justice Gillette	Testifies in opposition to SJR 29 and suggests to the committee reasons why it does not make someone more qualified for a judgeship if they were to -live in that district.
278		Sen. Ted Ferrioli	District 30. Testifies in support of SJR 29 and offers information about activism on the bench.
321		Co-chair Brown	States women are not fairly represented in the Supreme Court.
340		Sen. Ferrioli	Answers he would be sympathetic to this and continues to inform the committee on redistricting not being a great burden in other forms of government so why for the judiciary.
301		Sen. Corcoran	Asks who he sees as activists in the Oregon Supreme Court.
303		Sen. Ferrioli	States his comment was directed to William Dwyer from the 9^th Circuit Court of Appeals.
423		Sen. Corcoran	Notes Sen. Ferrioli does not have an example in the Oregon Supreme Court yet he wants to redistrict them.
423		Sen. Ferrioli	States if we are going to elect judges they should require residency.
435		Co-chair Brown	Asks why he feels you could better serve an area if you live in it.
453		Sen. Ferrioli	Answers and offers background of his residence in his district.
TAPE 34, A
005		Doell	States experiences to judicial activism.
011		Sen. Beyer	Asks for clarification on where judges have to live.
021		Sen. Ferrioli	Answers the resident must live in the district one year before the election.
034		Sen. Corcoran	Asks why there isn’t a provision in the amendment for the election to be partisan.
035		Sen. Ferrioli	Answers the judiciary is currently enjoined from discussing partisanship in their elections.
059		Co-chair Brown	Closes public hearing on SJR 29 and opens a public hearing on SB 722.
SB 722 – PUBLIC HEARING
060		Jim Stembridge	Committee Administrator. Summarizes SB 722, which prohibits smoking in bowling centers and certain restaurants, effective January 1, 2004.
063		Rep. Carolyn Tomei	District 41. Testifies in support of SB 722 and discusses HB 2828 which passed two years ago regarding no smoking in restaurants.
111		Rep. Floyd Prozanski	District 8. Offers testimony in support of SB 722 and submits written testimony regarding banning smoking (EXHIBIT B).
131		Sen. Vicki Walker	District 7. Testifies in support of SB 722 and explains HB 2828 stating there were people that worked long and hard on this bill and it was not totally effective but hopes SB 722 will take care of this problem.
141		Sen. Bill Morrisette	District 6. Submits written testimony offering information regarding the written document from Ireland submitted by Rep. Prozanski.
195		Co-chair Brown	Closes public hearing on SB 722 and opens a public hearing on SJR 8.
SJR 8 – PUBLIC HEARING
197		Jim Stembridge	Committee Administrator. Summarizes SJR 8, which proposes amendment to Oregon Constitution to prohibit Legislative Assembly from preempting or restricting, by general civil law, local legislation that relates to matters of predominantly city or county concern and that are within scope of powers granted by city or county charter.
204		Sen. Bill Morrisette	District 6. Introduces Ken Tollenaar and offers information on preemptions and how cities have the right to pass laws that predominantly pertain to local government.
255		Ken Tollenaar	Eugene. Submits written testimony informing the committee on preemptions and continues to offer interpretations on matters of powers granted by city and county charters (EXHIBIT C).
332		Sen. Burdick	Asks if SJR 8 passes would the preemptions be rescinded.
333		Tollenaar	States he sees nothing in the bill that talks to this issue.
334		Co-chair Brown	Closes public hearing on SJR 8 and opens a public hearing on the appointment of Bruce Goldberg as the Administrator of the Office of Oregon Health Policy and Research.
PUBLIC HEARING
EXECUTIVE APPOINTMENT ADMINISTRATOR OF THE OFFICE OF OREGON HEALTH POLICY AND RESEARCH – BRUCE GOLDBERG (EXHIBITS D, E)
370		Bruce Goldberg	Discusses his background and qualifications for this appointment.
TAPE 33, B
003		Co-chair Brown	Closes public hearing and opens a work session.
WORK SESION ADMINISTRATOR OF THE OFFICE OF OREGON HEALTH POLICY AND RESEARCH – BRUCE GOLDBERG (EXHIBITS D, E)
005		Sen. Burdick	MOTION: Moves the APPOINTMENT of Bruce Goldberg to the Administrator of the Office of Oregon Health Policy & Research to the floor with the recommendation that the appointment BE CONFIRMED.
			VOTE: 5-0 EXCUSED: 1 - Sen. Clarno
		Co-chair Brown	Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor.
007		Co-chair Brown	Closes a work session and opens a public hearing on the appointment of John Van Landingham to the appointment of Land Conservation and Development Commission.
PUBLIC HEARING EXECUTIVE APPOINEMENT LAND CONSERVATION AND DEVELOPMENT COMMISSION (LCDC) – JOHN VAN LANDINGHAM (EXHIBITS F, G, H)
008		John Van Landingham	Discusses his background and qualifications for this appointment.
060		Gary Harris	LCDC. Offers information on Mr. Van Landingham and states he fully supports his appointment.
070		John Chandler	Offers personal and professional information regarding Mr. Van Landingham.
098		Co-chair Brown	Closes the public hearing and opens a work session on the appointment of John Van Landingham.
WORK SESSION LAND CONSERVATION AND DEVELOPMENT COMMISSION – JOHN VAN LANDINGHAM (EXHIBITS F, G, H)
100		Sen. Beyer	MOTION: Moves the REAPPOINTMENT of John Van Landingham to the Land Conservation and Development Commission to the floor with the recommendation that the appointment BE CONFIRMED.
			VOTE: 5-0 EXCUSED: 1 - Sen. Clarno
		Co-chair Brown	Hearing no objection, declares the motion CARRIED.
105		Co-chair Brown	Closes a work session on executive appointment and re-opens public hearing on SB 722.
SB 722 – PUBLIC HEARING
114		Rep. Kelly Wirth	District 16. Testifies in support of SB 722 representing the City of Corvallis and states there city was the first to ban smoking in bars (EXHIBIT I).
145		Marie Hudson	Bend. Testifies in support of SB 722 being a non-smoking consumer and a nurse, offers her concerns.
178		Co-chair Brown	Closes public hearing on SB 722 and opens a public hearing on the executive appointments of Sandy Theis, Marguerite Gutierrez, Beverly Shields, Janet Wright and Rolf Olson.
PUBLIC HEARING
EXECUTIVE APPOINTMENTS OREGON STATE BOARD OF NURSING – SANDY THEIS, MARGUERITE GUTIERREZ, BEVERLY SHIELDS, JANET WRIGHT AND ROLF OLSON (EXHIBITS J, K)
179		Jim Stembridge	Committee Administrator. Summarizes executive appointments.
WORK SESSION OREGON STATE BOARD OF NURSING – SANDY THEIS, MARGUERITE GUTIERREZ, BEVERLY SHIELDS, JANET WRIGHT AND ROLF OLSON (EXHIBITS J, K)
180		Sen. Atkinson	MOTION: Moves the APPOINTMENTS of Sandy Theis, Marguerite Gutierrez, Beverly Shields, Janet Wright and Rolf Olson to the Oregon State Board of Nursing to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.
182			VOTE: 4-0 EXCUSED: 2 - Sen. Clarno, Sen. Corcoran
		Co-chair Brown	Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor.
209	Co-chair Brown		Closes work session on executive appointments and opens a work session for the purpose of introducing committee measures.
INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION
211		Jim Stembridge	Committee Administrator. Summarizes LC 3544.
212		Sen. Atkinson	MOTION: Moves LC 3544 BE INTRODUCED as a committee bill.
213			VOTE: 4-0 EXCUSED: 2 - Sen. Clarno, Sen. Corcoran
		Co-chair Brown	Hearing no objection, declares the motion CARRIED.
245		Co-chair Brown	Closes work session on LC 3544 and re-opens a public hearing on SB 722.
SB 722 – PUBLIC HEARING
316		Richard Jacobus	Columbia County. Testifies in support of SB 722 and states this bill is about a health issue.
365		John Valley	Advocacy Director, American Heart Association. Offers written testimony informing the committee on the elements of second hand smoke and urges support of SB 722 (EXHIBIT L).
TAPE 34, B
022		Courtni Dresser	Advocacy Manager, American Cancer Society. Offers written testimony in support of SB 722 informing the committee about supporting a smoke free ordinance (EXHIBIT M, N, O).
065		Ron Tabb	Sports Bar Owner, Tigard. Testifies in support of SB 722 and offers information on dangerous effects of second-hand smoke.
127		Tracy Tabb	Sports Bar Owner, Tigard. Testifies in support of SB 722 and submits written testimony (EXHIBIT P).
179		John Adams	Testifies in support of SB 722 and explains Oregon needs to be the next state to pass this smoke free law in bars.
179		Co-chair Brown	Asks Mr. Tabb if he has tried to prohibit smoking in their establishment.
181		Tabb	States with the competition he would loose business unless it was prohibited by law.
197		Lauren Goche	Bar Waitress, Portland. Testifies in support of SB 722 offers written testimony and explains the physical effect second-hand smoke has on her (EXHIBIT Q).
245		Jennifer Hale	Waitress, Portland. Testifies in support of SB 722 and offers written testimony informing the committee she is asthmatic and could not work in a smoking environment and explains the physical effects (EXHIBIT R).
311		David Ray	Restaurant Manager, Portland. Testifies in support of SB 722 and informs the committee on his history of working for smoking and non-smoking restaurants (EXHIBIT S).
380		Debbie Kaufman	Portland. Testifies in support of SB 722, submits written testimony and informs the committee on a personal incident of trying to find a smoke free bowling alley for a birthday party (EXHIBIT T).
TAPE 35, A
001		Dr. Mel Kohn	Department of Human Services. Testifies in support of SB 722 and offers written testimony summarizing from a doctor’s view and notes this is a very important health issue and urges support (EXHIBIT U).
015		Co-chair Brown	Closes public hearing on SB 722 and re-opens a public hearing on SJR 8.
SJR 8 – PUBLIC HEARING
018		Ken Strobeck	Executive Director, League of Oregon Cities (LOC). Testifies in support of SJR 8 and states this measure is similar to the tenth amendment of the Constitution which states that powers which are not specifically delegated to the federal government, belong to the state.
050		Bill Pennhollow	Association of Oregon Counties (AOC). Testifies in support of SJR 8 submitting written testimony explaining this bill will restore the balance between state responsibility and local control (EXHIBITS V, W).
The following prepared testimony is submitted for the record without public testimony for SJR 8:
		Jason P. Heuser	Submits written testimony (EXHIBIT X)
082		Co-chair Brown	Closes public hearing on SJR 8. Adjourns committee meeting at 5:15 p.m.

EXHIBIT SUMMARY

A – SJR 29, written testimony of Daniel Meek, Steve Doell, 1 p

B – SB 722, prepared material, Rep. Prozanski, 2 pp

C – SJR 8, written testimony, Ken Tollenaar, 3 pp

D – Office for Oregon Health Policy & Research, Appointment of Bruce Goldberg,

Governor’s office, 2 pp

E – Executive Appointment, prepared material, Bruce Goldberg, staff, 18 pp

F – Land Conservation and Development Commission, Appointment of John

Van Landingham, Governor’s office, 4 pp

G – Executive Appointment, prepared material, staff, 12 pp

H – Executive Appointment, written testimony of John Van Landingham, Burton West, 1 p

I – SB 722, written testimony, Rep. Wirth, 1 p

J – Oregon State Board of Nursing, Governor’s office, 2 pp

K – Executive appointment, prepared material, Sandy Theis, Marguerite Gutierrez, Bev

Shields, Janet Wright, and Rolf Olson, staff, 39 pp

L – SB 722, written testimony, John Valley, 1 p

M – SB 722, written testimony and prepared materials, Courtni Dresser, 23 pp

N – SB 722, written testimony, Courtni Dresser, 1 p

O – SB 722, written testimony, Courtni Dresser, 1 p

P – SB 722, written testimony, Tracy Tabb, 17 pp

Q – SB 722, written testimony, Lauren Goche, 1 p

R - SB 722, written testimony, Jennifer Hale, 2 pp

S – SB 722, written testimony, David Ray, 1 p

T – SB 722, written testimony, Debbie Kaufman, 1 p

U – SB 722, written testimony, Melvin Kohn, MD, MPH, 2 pp

V – SJR 8, written testimony, Bill Penhollow, 2 pp

W – SJR 8, brochure, Bill Penhollow, 36 pp

X – SJR 8, written testimony, Jason P. Heuser, 1 p