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 9th 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