SENATE COMMITTEE ON RULES
March 10, 2005 Hearing Room 343
8:30 A.M. Tapes 26 - 27
MEMBERS PRESENT: Sen. Kate Brown, Chair
Sen. Ted Ferrioli, Vice-Chair
Sen. Jason Atkinson
Sen. Charlie Ringo
Sen. Frank Shields
STAFF PRESENT: Tiffany Harris, Committee Administrator
Patricia Nielsen, Committee Assistant
MEASURE/ISSUES HEARD:
SB 858 – Public Hearing
SB 564 – Public Hearing
SB 992 – Public Hearing
Consideration of drafting request – 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 26, A |
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|
005 |
Chair Brown |
Calls the meeting to order at 8:35 a.m. Opens a public hearing on |
|
SB 858 – PUBLIC HEARING |
||
|
010 |
Tiffany Harris |
Committee Administrator. Presents overview of SB 858. |
|
015 |
Sen. Joanne Verger |
District 5. Testifies in support of SB 858. Discusses need to remind voters that Voters’ Pamphlet content is not verified for accuracy by the Secretary of State. Discusses -2 amendments (EXHIBIT A). |
|
050 |
Sen. Betsy Johnson |
District 16. Testifies in support of SB 858. Distinguishes between language which is verified for accuracy and that which is not. |
|
065 |
Sen. Dave Nelson |
District 29. Testifies in support of SB 858. |
|
070 |
Sen. Atkinson |
Expresses concern that the language of the disclaimer is too political. |
|
080 |
Sen. Verger |
Responds the language including the Secretary of State’s office was added later. |
|
085 |
Teddy Keizer |
Staff to Sen. Verger. Responds Legislative Counsel wanted to clearly state who was verifying. |
|
090 |
Sen. Atkinson |
Asks about language describing who furnishes included material. |
|
095 |
Keizer |
Explains this was added to provide transparency. Discusses how the voters use and read the Voters’ Pamphlet and how some miss the disclaimer included in the introduction. |
|
110 |
Sen. Atkinson |
Asks about verification of some text but not all. |
|
120 |
Fred Neal |
Voters’ Pamphlet Supervisor, Elections Division, Secretary of State’s Office. Clarifies this applies only to candidate statements, not measure arguments. Discusses adding a disclaimer similar to those already contained at the end of measure statements. |
|
135 |
Sen. Atkinson |
Asks about fiscal impact. |
|
140 |
Neal |
Explains it would add one-half inch of space to each page for candidates. Discusses requirements for the use of space, and how the Secretary of State accommodates printing for the statement plus the disclaimers. Points out it is a production issue not a fiscal issue. |
|
165 |
Sen. Ferrioli |
Approves adding the disclaimer but disagrees with adding the Secretary of State. |
|
180 |
Neal |
Responds that Legislative Counsel expressed concern that the candidate certifies the required information, but not the accuracy of the additional information. |
|
190 |
Sen. Verger |
Explains an asterisk referring to verification of certain information would solve it. |
|
195 |
Sen. Ferrioli |
Asks whether Secretary of State verifies date of birth of candidates. |
|
200 |
Neal |
Responds the Secretary of State verifies qualifications of candidates but relies on voter records. |
|
215 |
Chair Brown |
Points out there must be some actor in the sentence to determine who has or has not verified information. |
|
220 |
Sen. Shields |
Asks about language “not verified by any state or county office.” |
|
235 |
Sen. Verger |
Explains she wanted only “not verified for accuracy.” Points out candidates can say anything in their statements and voters depend on the information when marking ballots. |
|
250 |
Sen. Shields |
Asks if there is acceptable alternative language. |
|
255 |
Sen. Verger |
Suggests the simpler the better. |
|
260 |
Neal |
Agrees with language stating the State of Oregon has not verified. Suggests using the same disclaimer for measure arguments as for candidate statements. Discusses alternatives. |
|
280 |
Sen. Ferrioli |
Concurs with principle but wonders about using the Secretary of State. Discusses candidate who misstated his date of birth. |
|
315 |
Chair Brown |
Points out the statement would be inaccurate because candidates must review their statements for accuracy but the state does not review. |
|
335 |
Sen. Verger |
Explains she has not worked with the Secretary of State on the concept, but refers to concern over voters in her district who are being misled. |
|
350 |
Chair Brown |
Asks who her voters think produces the pamphlet. |
|
355 |
Sen. Verger |
Responds the State of Oregon. |
|
360 |
Chair Brown |
Closes public hearing on SB 898. Opens public hearing on SB 564. |
|
SB 564 – PUBLIC HEARING |
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|
370 |
Sen. Dave Nelson |
Testifies in support of SB 564. Submits written testimony of Nellie Bogue-Hibbert (EXHIBIT B). |
|
375 |
Annette Newingham |
Association of County Clerks; Lane County Chief Deputy County Clerk. Testifies in support of SB 858. Submits written testimony (EXHIBIT C). Discusses election of precinct committeepersons. Discusses costs of the elections and savings if no election need be conducted in cases where there is no contest. Discusses -1 amendments restoring gender requirements for precinct committeeperson elections (EXHIBIT D). |
|
TAPE 27, A |
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|
010 |
Sen. Shields |
Asks about exact cost savings. |
|
020 |
Newingham |
Discusses and refers to her testimony (EXHIBIT C). Describes different ballot styles required and associated costs for production. |
|
040 |
Sen. Shields |
Suggests the savings would actually exceed the estimated $182,000. |
|
050 |
Newingham |
Agrees it is a conservative estimate. |
|
055 |
Sen. Ferrioli |
Agrees but asks how to connect the elector and the certificate of election without having any votes cast. |
|
065 |
Newingham |
Refers to the measure language clarifying that issue. Points out each political party also has rules which the parties should review. |
|
080 |
Sen. Ferrioli |
Asks if it would be the party’s responsibility to declare the winner. |
|
085 |
Newingham |
Confirms. Discusses election certification process. |
|
095 |
Sen. Atkinson |
Asks if parties have been contacted about this. |
|
100 |
Newingham |
Confirms both parties have been involved in creating the exception. |
|
110 |
Sen. Atkinson |
Asks whether parties have endorsed the bill. |
|
115 |
Newingham |
Explains there is no specific endorsement but no opposition has been stated. |
|
120 |
Sen. Atkinson |
Asks for input from parties. Discusses preservation of the write-in process. |
|
130 |
Newingham |
Explains in reality write-ins are often frivolous and certainly costly. Suggests this is a better way to accomplish the same thing. |
|
140 |
Sen. Atkinson |
Asks about party process with respect to write-ins. |
|
160 |
Newingham |
Points out this is limited to precinct committeepersons. |
|
170 |
Chair Brown |
Asks whether taxpayers should pay for elections of party officials. |
|
175 |
Newingham |
Responds counties have paid for these positions so this is an attempt to relieve counties of some of the cost. |
|
185 |
Sen. Ferrioli |
Asks about issuing a certificate of election. |
|
190 |
Chair Brown |
Explains they are not issued for committeepersons. |
|
195 |
Steve Druckenmiller |
Lane County Clerk. Testifies in support of SB 564. Discusses expenditures on elections from the General Fund and by other governmental entities. Describes how write-ins are handled and how they can slow the process. Refers to written list of write-ins from his county and how many are frivolous. Explains there have been only five contested races in his 18 years of office. |
|
265 |
Chair Brown |
Closes public hearing on SB 564. Opens work session for consideration of request for drafting and introduction. |
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APPROVAL OF DRAFTING REQUEST – WORK SESSION |
||
|
275 |
Chair Brown |
Reviews one request for drafting (EXHIBIT E). |
|
310 |
Chair Brown |
MOTION: Moves one drafting request be approved for drafting by Legislative Counsel and BE INTRODUCED as a committee bill. |
|
315 |
|
VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
|
Chair Brown |
The motion CARRIES. |
|
320 |
Chair Brown |
Closes work session. Opens public hearing on SB 992. |
|
SB 992 – PUBLIC HEARING |
||
|
330 |
Tiffany Harris |
Committee Administrator. Presents overview of SB 992. |
|
345 |
Sen. Vicki Walker |
District 7. Testifies in support of SB 992. Provides written materials (EXHIBIT F). Discusses history of Senate confirmation of executive appointments. |
|
TAPE 26, B |
||
|
005 |
Sen. Walker |
Continues and discusses Governor’s authority to remove appointee and appoint a successor. Suggests Governor does not use that power often enough. Describes proposed elimination of Senate confirmation for nineteen boards and commissions. Explains proposed executive appointments administrator position to investigate backgrounds and review appointments for the Senate. |
|
040 |
Sen. Walker |
Continues and refers to information provided to the Governor on the executive appointments interest form (EXHIBIT F). Advises the legislature does not receive this portion. Describes Michigan application and questionnaire (EXHIBITS G, H). |
|
100 |
Sen. Walker |
Continues and describes suggested removal of nineteen boards and commissions from the confirmation process (EXHIBIT I). |
|
120 |
Marjorie Taylor |
Committee Services. Discusses list of appointments currently subject to Senate confirmation (EXHIBIT I). |
|
140 |
Sen. Shields |
Asks why some were eliminated. |
|
145 |
Sen. Walker |
Discusses differing levels of fiduciary duty and appointing authority. Suggests it is a starting point and it is all subject to discussion. |
|
165 |
Sen. Ringo |
Comments the position to be created contemplates research and making recommendations to the Senate. Clarifies the Governor would still nominate the appointees. |
|
175 |
Sen. Walker |
Confirms but points out the Senate needs more information. |
|
180 |
Taylor |
Refers to the executive appointment application (EXHIBIT F). Explains in Michigan the Governor and the Senate Majority both have questionnaires (EXHIBITS G, H). |
|
205 |
Sen. Walker |
Points out there is nothing stopping the Senate from demanding more information without the bill and this appoints an executive appointments administrator to assist. Explains it need not be a full-time position. Suggests if the fiscal impact is too high, the Senate could still ask more of candidates and provide information on the web. |
|
235 |
Sen. Ferrioli |
Comments on the unstated purpose of confirmation, to provide information about appointees. Asks if the issue of providing more information can be separated from the discussion of which boards need no confirmation. |
|
275 |
Chair Brown |
Asks what happens if the Senate President and minority leader cannot agree on appointments. |
|
280 |
Sen. Walker |
Suggests it would probably be along party lines. Agrees it is worth discussing. Suggests this position could track information about geographic spreading of appointments but now there is no way to gather that information. |
|
315 |
Chair Brown |
Summarizes and concludes. Closes public hearing on SB 992. Adjourns the committee at 9:55 a.m. |
EXHIBIT SUMMARY
A. SB 858, -2 amendments (3-10-05), Sen. Joanne Verger, 1 p
B. SB 564, written testimony of Nelly Bogue-Hibbert, Sen. David Nelson, 1 p
C. SB 564, written testimony, Annette Newingham, 4 pp
D. SB 564, -1 amendments (3-10-05), staff, 1 p
E. Approval of drafting and introduction request, staff, 7 pp
F. SB 992, Oregon executive appointment application materials, Sen. Vicki Walker, 3 pp
G. SB 992, Michigan executive appointment application materials, Marjorie Taylor, 4 pp
H. SB 992, Michigan executive appointment Senate questionnaire, Marjorie Taylor, 15 pp
I. SB 992, list of boards and commissions, Marjorie Taylor, 3 pp