SENATE COMMITTEE ON RULES

 

 

August 22, 2003                                                                                                      Hearing Room B

4:15 PM                                                                                                                   Tapes 128 – 129

 

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

Sen. Roger Beyer, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

VISITING MEMBER:           Senate President Peter Courtney

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       HB 3651 – Public Hearing and Work Session

                                                HJR 42A – Public Hearing and Work Session

                                                SJM 7 – Work Session

                                                HB 3668A – Public Hearing and Work Session

                                                HB 3669 – Public Hearing and Work Session                                              

                                                SJM 4 – Public Hearing

 

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 128, A

003

Co-chair Brown

Calls meeting to order at 4:19 PM. Opens public hearing on HB 3651.

005

Jan McComb

Committee Administrator. Summarizes HB 3651, which if specified conditions are met, considers students who are citizens of United States or legal resident aliens to be residents for purpose of determining tuition and fees at state institution of higher education. Notes the -1 amendments (EXHIBIT A).

 PUBLIC HEARING – HB 3651

010

Bob Castagna

Oregon Catholic Conference. Testifies in support of HB 3651 with the –1 amendment.

024

Father Philip Waibel

Priest, St. Mary’s Parish, Mt. Angel. Testifies in support of HB 3651 with the –1 amendment. Speaks on the importance of education to all. States the bill does not affects taxpayers. Speaks on the projected contributions those allowed to receive a college education could make to society.

050

Father Robert Krueger

Priest, St. Andrews Parish. Testifies in support of HB 3651 with the –1 amendment. Voices concern with students who cannot receive a college education due to the status of their parents. Points out their parents have paid taxes, and adds the issue is one of fairness. Speaks on the dilemmas Oregon could face if the bill is not passed.

083

Bob Castagna

Explains the issue before the committee is a “moral and economic justice issue.” Believes those affected perform unwanted tasks that all Oregonians benefit from. Thinks the in-state versus out-of-state cost decides the future of students. Urges support.

123

Joseph Bosquez

Latinos Unidos Siempre. Testifies in support of HB 3651 with the -1 amendment. Thinks HB 3651 is a “baby step” in comparison to SB 10 (2003), which he also supported. Notes the visible support of SB 10 around the building by students. Informs of the recent passage of a like bill in Washington State. 

164

Jasmin Thana

Oregon Students of Color Coalition; University of Oregon student. Testifies in support of HB 3651 with the -1 amendment (EXHIBIT B). Believes HB 3651 does not address the issue of fairness and “simply does not go far enough.”

198

Co-chair Brown

Recesses the committee due to call of the Senate at 4:37 PM.

****************************    RECESS    ****************************************

203

Sen. Corcoran

Reconvenes meeting at 4:43 PM.

210

Thana

Continues overview of written testimony. Believes that passage of HB 3651 with the -1 amendments will provide a solution that benefits students and the state.

246

Grattan Kerans

Oregon University System (OUS). Informs OUS endorses HB 3651 with the -1 amendments as well as SB 10. Informs of OUS stance that parental status should not affect the college education of students who seek one. Speaks on the past testimony of others. Believes the said group of students can be absorbed and will impact positively the fiscal future of Oregon.

303

Sen. Burdick

Asks if the bill would change admissions standards.

307

Kerans

Affirms and explains that the academic and financial standards will be maintained for all students. Provides prior written testimony before the House Education Committee (EXHIBITS C & D).

336

Sen. Burdick

Notes the Ecumenical Ministries of Oregon join the Oregon Catholic Conference in support of HB 3651 with the -1 amendments. Closes public hearing on HB 3651. Opens public hearing on HJR 42A.

HJR 42A – PUBLIC HEARING

355

Sen. Burdick

Recesses public hearing on HJR 42A and recesses meeting at 4:53 PM.

****************************    RECESS    ****************************************

359

Sen. Burdick

Reconvenes meeting at 4:56 PM. Reopens public hearing on HB 3651.

HB 3651 – PUBLIC HEARING

361

Sen. Fisher

Explains his research and states the issue does not require a law, but an administrative rule can be used instead. States he will not support the amendments due to this. Offers to assist all students seeking the change. 

394

Sen. Corcoran

Asks if he would support amendments to return the bill to its original form, SB 10 (2003).

397

Sen. Fisher

Speaks on Mr. Kerans and believes the administrative rule standing in the way of an education, not a law change.

404

Grattan Kerans

OUS. States his understanding of Sen. Fisher’s comments.

411

Sen. Fisher

Concurs.

TAPE 129, A

001

Kerans

Explains the strict nature of administrative rules within OUS and explains that standing is due to the Legislature. States the Chancellor and Board would not wish to determine a political issue in the area without legislative approval and guidance. Explains the Board and Chancellor have endorsed both bills, HB 3651 as amended and SB 10 (2003).  

023

Sen. Fisher

Disagrees with Mr. Kerans’s statements.

027

Kerans

Explains OUS has not brought the issue on itself and adds it has arisen nationally.

034

Sen. Fisher

States the bill is not something that is legislative required and disagrees with the passivity of Mr. Kerans towards the issue.

042

Sen. Corcoran

Clarifies Mr. Kerans’s statement that guidelines are strict due to the Legislature.

045

Kerans

Affirms and explains a political change could be reason for scrutiny, including areas of Ways and Means and budget. Explains OUS seeks direction from the Legislature. Highly unlikely for board and chancellor to

079

Sen. Fisher

Maintains the OUS should have the prerogative.

083

Co-chair Brown

Closes public hearing and opens a work session on HB 3651.

HB 3651 – WORK SESSION

093

 

 

093

Sen. Burdick

MOTION:  Moves to ADOPT HB 3651-1 amendments dated 8/8/03.

096

Sen. Burdick

States belief a compelling case has been made and that clear legislative direction should be given those who wish to educate themselves and contribute to the state of Oregon.

102

 

VOTE:  3-3

AYE:               3 - Burdick, Corcoran, Brown

NAY:               3 - Atkinson, Fisher, Beyer

 

Co-chair Brown

The motion FAILS.

105

Co-chair Brown

Closes work session on HB 3651. Opens public hearing on HJR 42A

HJR 42A – PUBLIC HEARING

110

Marjorie Taylor

Committee Administrator. Summarizes HJR 42A, which proposes amendment to Oregon Constitution to make subject to Senate confirmation persons appointed by the Governor to serve as judges of Supreme Court, Court of Appeals or circuit court. Notes the –A6 amendments (EXHIBIT E).

120

Co-chair Brown

Closes public hearing and opens work session on HJR 42A.

HJR 42A – WORK SESSION

122

Co-chair Brown

Recesses work session on HJR 42A. Recesses meeting at 5:12 PM.

****************************    RECESS    ****************************************

123

Co-chair Brown

Reconvenes meeting at 5:13 PM. Reopens work session on HJR 42A.

HJR 42A – WORK SESSION

140

Sen. Burdick

MOTION:  Moves to ADOPT HJR 42A-A6 amendments dated 8/22/03.

143

 

VOTE:  4-3

AYE:               4 - Burdick, Corcoran, Brown, President Courtney

NAY:               3 - Atkinson, Fisher, Beyer

 

Co-chair Brown

The motion CARRIES.

145

Sen. Burdick

MOTION:  Moves HJR 42A be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

147

Co-chair Brown

Acknowledges Sens. Atkinson and Beyer serve notice of a minority report.

149

 

VOTE:  4-3

AYE:               4 - Burdick, Corcoran, Brown, President Courtney

NAY:               3 - Atkinson, Fisher, Beyer

 

Co-chair Brown

The motion CARRIES.

SEN. SCHRADER will lead discussion on the floor.

155

Co-chair Brown

Closes work session on HJR 42A. Opens work session on SJM 7.

SJM7 – WORK SESSION

158

Sen. Beyer

MOTION:  Moves SJM 7 be sent to the floor with a BE ADOPTED recommendation.

160

 

VOTE:  5-1

AYE:               5 - Burdick, Corcoran, Fisher, Beyer, Brown

NAY:               1 - Atkinson

 

Co-chair Brown

The motion CARRIES.

SEN. CORCORAN will lead discussion on the floor.

164

Co-chair Brown

Closes work session on SJM 7. Opens public hearing on HB 3668A.

HB 3668A – PUBLIC HEARING

170

Jim Stembridge

Committee Administrator. Summarizes HB 3668A, which increases motor vehicle liability coverage required for personal injury protection benefits. Notes the –A2 amendments (EXHIBIT F).

198

Jim Anderson

Oregon Chapter, American College of Emergency Physicians. Testifies in support of HB 3668A. Speaks on personal injury protection (PIP). Notes no opposition to the measure. Lists associations in support.

219

John Powell

State Farm Insurance. Explains -A2 amendments and the purpose. Explains the workers’ compensation fee schedule relating to PIP. Addresses the cost issue. Notes the considerations being granted towards cost.  Informs the Insurance Division may have concerns with the fee schedule. Explains the insurer and provider would work together to determine regulations.

296

Sen. Corcoran

Remarks.

298

Shawn Baird

Woodburn Ambulance service; President, Oregon State Ambulance Association. Testifies in support of HB 3668A (EXHIBIT G).

310

John Shilts

Workers’ Compensation Division, Department of Consumer and Business Services (DCBS). Testifies as neutral on HB 3668A. Speaks on the stakeholders’ potential concerns.

335

Carl Lundberg

DCBS. Testifies as neutral on HB 3668A.

360

Sen. Fisher

Asks about rate-setting involvement.

373

Lundberg

Concurs it is a concern.

383

Sen. Fisher

Comments.

391

Co-chair Brown

Closes public hearing and opens work session on HB 3668A.

HB 3668A – WORK SESSION

420

Sen. Fisher

MOTION:  Moves to ADOPT HB 3668A-A2 amendments dated 8/22/03.

422

 

VOTE:  4-0-2

EXCUSED:  2 - Burdick, Brown

 

Sen. Beyer

Hearing no objection, declares the motion CARRIED.

424

Sen. Fisher

MOTION:  Moves HB 3668A to the floor with a DO PASS AS AMENDED recommendation.

426

 

VOTE:  4-0-2

EXCUSED:  2 - Burdick, Brown

 

Sen. Beyer

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

427

Sen. Beyer

Closes work session on HB 3668A. Opens public hearing on HB 3669.

HB 3669 – PUBLIC HEARING

435

Brian John

Oregon Nurses Association (ONA). Testifies in support of HB 3669 (EXHIBIT H). Appreciates the work of Legislative Counsel on the measure. Notes the -1 amendments (EXHIBIT I) include no substantive changes and overviews changes made.

TAPE 128, B

020

John Shilts

DCBS. Testifies in support of HB 3669 and the -1 amendments (EXHIBIT J).

045

Co-chair Brown

Closes public hearing and opens work session on HB 3669.

HB 3669 – WORK SESSION

050

Sen. Beyer

MOTION:  Moves to ADOPT HB 3669-1 amendments dated 8/21/03.

053

 

VOTE:  5-0-1

EXCUSED:  1 - Burdick

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

056

Sen. Beyer

MOTION:  Moves HB 3669 to the floor with a DO PASS AS AMENDED recommendation.

058

 

VOTE:  5-0-1

EXCUSED:  1 - Burdick

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

059

Co-chair Brown

Closes work session on HB 3669. Opens public hearing on SJM 4.

SJM 4 – PUBLIC HEARING

082

Jim Stembridge

Committee Administrator. Summarizes SJM 4, which urges Congress to amend Internal Revenue Code to allow individual taxpayers to deduct payments for health insurance premiums. 

095

Co-chair Beyer

Notes -1 amendments (EXHIBIT K).

100

Sen. Brown

Thinks the bill should be carried over.

113

Co-chair Beyer

Closes public hearing on SJM 4. Adjourns meeting at 5:38 PM.

 

EXHIBIT SUMMARY

 

A – HB 3651, -1 amendments (8/8/03), Staff, 1 p

B – HB 3651, written testimony, Jasmin Thana, 1 p

C – HB 3651, letter, Grattan Kerans, 2 pp.

D – HB 3651, written information, Grattan Kerans, 2 pp.

E – HJR 42A, -A6 amendments (8/22/03), Staff, 3 pp.

F – HB 3668A, -A2 amendments (8/22/03), Staff, 1 p

G – HB 3668A, written testimony, Shawn Baird, 1 p

H – HB 3668A, written testimony, Brian John, 1 p

I – HB 3669, -1 amendments (8/21/03), Staff, 21 pp.

J – HB 3669, written testimony, John Shilts, 2 pp.

K – SJM 4, -1 amendments (6/13/03), Staff, 2 pp.