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.
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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.
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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.
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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.