TAPE/#

Speaker

Comments

TAPE 43, A

005

Chair Brown

Calls the meeting to order at 8:34 a.m.  Opens a public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING

OCEAN POLICY ADVISORY COUNCIL (OPAC) – APPOINTMENTS OF PAUL ENGELMEYER,

FRED SICKLER, AND FRANK WARRENS (EXHIBIT A)

010

Paul Engelmeyer

Appears before the committee.  Discusses his interest in and qualifications for the appointment.

035

Fred Sickler

Lincoln City.  Business owner, surf shop.  Retired educator.  Discusses interest in and qualifications for the appointment.  Offers perspective of recreational activities and concern with near-shore activities to be studied and improved.

065

Frank Warrens

Portland.  Automotive repair business owner. Charter boat operator. Member, Pacific Fishery Management Council (PFMC). Former member of the Ocean Policy Advisory Council (OPAC).  Discusses interest in and qualifications for the appointment.  Offers a commercial and recreational perspective.

080

Sen. Ringo

Asks Mr. Warrens about marine reserves.

085

Warrens

Replies that the PFMC has enacted a large closure area off the pacific coast where rockfish fishing is prohibited.  Says that other marine sanctuaries along the west coast are protected.  Adds that reserves often restrict fishing altogether.

105

Sen. Shields

Asks witnesses about a marine reserve versus a nursery area for recovering species.

115

Warrens

Replies that they are somewhat synonymous.  Says there are various protections for species living within a reserve.

125

Sickler

Sees a reserve as a nursery. Adds that they can also be located near the shore. 

STATE APPRENTICESHIP AND TRAINING COUNCIL – APPOINTMENT OF JASON LANDON

(EXHIBIT B)

140

Jason Landon

Electrical contractor, Portland. Trustee member for NECA-IBEW Local 48 training center.  Believes that the apprenticeship is the backbone of the industry.  Discusses his interest in and qualifications for the appointment.

OREGON BOARD OF DENTISTRY – APPOINTMENT OF JILL MASON (EXHIBIT C)

160

Jill Mason

Portland. Discusses interest in and qualifications for the appointment.

175

Chair Brown

Asks about involvement with the Alternative Healthcare Access Campaign (AHAC) and assuring all Oregonians have access to dental care.

180

Mason

Discusses the board’s role to increase access, particularly in rural areas.

185

Chair Brown

Asks about fluoride treatment.

188

Mason

Opines it is a positive thing.

195

Sen. Ringo

Asks what the board’s role is in reviewing citizen complaints and disciplining dental practitioners.

200

Mason

Says that she is not familiar with the role of the board but guesses the role is to investigate and resolve the problem.

205

Sen. Ringo

Asks if she could take on that role.

210

Mason

Affirms.

215

Sen. Shields

Asks about politics of fluoride treatment and competing science available.

235

Mason

Agrees it is a very emotional issue, which can obstruct the scientific evidence.  Says she is a proponent of fluoride treatment and has studied the research from both sides of the issue.

265

Chair Brown

Asks about the issue of amalgam fillings.

270

Mason

Discusses controversy over whether amalgam fillings are safe.  Feels they are safe. Reports that she has used them.

OREGON PATIENT SAFETY COMMISSION BOARD OF DIRECTORS – APPOINTMENT OF

NANCY CHI (EXHIBIT D)

285

Nancy Chi

Portland. Director of Management Information Reporting, Regence BlueCross BlueShield of Oregon.  Discusses interest in and qualifications for the appointment.

PSYCHIATRIC SECURITY REVIEW BOARD – APPOINTMENT OF JULIA HURLBURT

(EXHIBIT E)

305

Julia Hurlburt

Salem. Discusses background in corrections.  Discusses interest in and qualifications for the appointment.

310

Chair Brown

Asks about juvenile needs.

315

Hurlburt

Discusses experience working with juveniles in the past.

320

Chair Brown

Asks about addressing the needs of public safety.

340

Hurlburt

Discusses public safety.

OCEAN POLICY ADVISORY COUNCIL – APPOINTMENTS OF SCOTT McMULLEN AND

ROBIN HARTMANN (EXHIBIT A)

350

Scott McMullen

Commercial fisherman. Executive Director, Oregon Fishermen’s Cable Committee. Discusses background, interest and qualifications for the appointment.

370

Sen. Ringo

Asks how he balances the short-term vs. the long-term benefit of the industry.

375

McMullen

Explains that marine reserves could be looked at as one option of management.

400

Sen. Ringo

Asks how long it would take to establish whether the marine reserve is effective.

405

McMullen

Says 20 years would be necessary.

415

Chair Brown

Asks what role he sees in helping the OPAC in getting started back up.

TAPE 44, A

005

McMullen

Replies that he has looked at the nominees and there are good qualified members from a variety of backgrounds.

010

Chair Brown

Asks about representatives from the north coast.

015

McMullen

Says he is willing to try.

017

Sen. Shields

Asks about a coastal town in New England with a large marine reserve which rejuvenated the fishing industry.  Asks how long that study took.

025

McMullen

Refers to areas set aside in rotation in New England partitioned off for 5-10 years and then reopened.  Suggests it was probably restricted for a long time (10 years or more).

035

Sen. Shields

Asks if he would be willing to do that here.

040

McMullen

Agrees.  Says that during the last OPAC he recommended setting aside some trial areas.  Reminds any reserve must have a fishing industry buy-in to be successful.

050

Sen. Shields

Asks about science used to determine the size of reserves.

052

McMullen

Describes widely varying sizes of reserves.  Says they need scientists to advise the council.

065

Robin Hartmann

Roseburg.  Discusses interest in and qualifications for the appointment.

090

Chair Brown

Comments about new procedure reviewing the background of the appointees.  Says she is impressed with the varying backgrounds and willingness to appear and to serve.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENTS OF JAMES PAULSON AND  

C. CARL CALIFANO (EXHIBIT F)

115

James Paulson

Keizer Permanente.  Discusses his interest in and qualifications for the appointment. 

135

C. Carl Califano

Vice President of Operations, ATI Wah Chang.  Discusses interest in and qualifications for the appointment. 

155

Chair Brown

Asks Mr. Paulson about health care as a tool for economic development.  Asks about the role of the Oregon Health Sciences University (OHSU) in meeting demands.

160

Paulson

Replies that OHSU is only a small component of developing a health care workforce.  Describes other professions where there is need.  Says that more growth for the economy means more growth of his profession.

OCEAN POLICY ADVISORY COUNCIL – APPOINTMENT OF ONNO HUSING (EXHIBIT A)

180

Onno Husing

Director, Oregon Coastal Zone Management Association (OCZMA).  Reports that he served on the council once before in 1996 and that he worked on the original territorial sea task force.  Expresses interest in striking the balance between socio-economic needs and the preservation of the resources.  Expresses common concern that the creation of marine reserves will go too far.  Says he is ready to talk about the issue.  Endorses other members nominated to the council.  Says there will be some friction in the process but that he is prepared to move forward.

235

Chair Brown

Refers to SB 734 (2005) which allows the state to establish marine reserve parks.  Asks how he feels about the state legislature taking a pro-active approach on the issue.

240

Husing

Reports that he opposes the bill because he was never consulted.  Says that the spectrum of people from his side are ready to go forward but want to have a voice.  Discusses how the process can go forward under Oregon law to create marine reserves in territorial waters.  Reminds that the fishing industry has been under pressure in the past few years.  Asks for 2 years to work through the issue.

345

Sen. Ringo

Asks for review of his opinion.

355

Husing

Reiterates he is in favor of marine reserves but wants a voice.  Summaries his testimony.

TAPE 43, B

005

Sen. Ringo

Asks about reductions of fish for harvest.  Asks if fisheries are in a state of collapse.

010

Husing

Explains in 1996 congress changed fisheries management.  Says that was in response to a collapse of fisheries in New England. 

015

Sen. Ringo

Asks about the west coast.

017

Husing

Describes changes in the nature of the harvest away from rockfish (slow growing) versus faster growing species.

020

Sen. Ringo

Asks if collapse is the right term.  Says that dramatic reduction is accurate.

022

Husing

Agrees.

025

Sen. Ringo

Asks about over-fishing by the industry.

030

Husing

Discusses how the populations have changed and how the industry has responded.  Refers to the January 2002 OCZMA resolution (EXHIBIT G).

050

Sen. Ferrioli

Comments on tools available for managing the industry.  Refers to the proposed bill and asks for a thoughtful process instead.  Offers support to all the nominees.

090

Sen. Ringo

Refers to the National Academy of Sciences recommendation to establish marine reserves.

095

Husing

Affirms.

100

Chair Brown

Calls Douglas Kirkpatrick.

BOARD OF MEDICAL EXAMINERS – APPOINTMENT OF DOUGLAS KIRKPATRICK

(EXHIBIT H)

110

Douglas Kirkpatrick

Board of Medical Examiners.  Discusses interest in and background for the appointment. 

140

Chair Brown

Asks about the role of the board responding to patient complaints.

145

Kirkpatrick

Responds that it is a very important role.  Says that the board must evaluate complaints against practitioners in Oregon.  Discusses ongoing need to maintain high medical standards in medical care.

155

Sen. Shields

Discusses workers’ compensation issues including the role of independent medical examiners working in Oregon.

170

Kirkpatrick

Says there is a need for someone outside the context to review the worker’s claim and medical condition.  Agrees the IME is sometimes not independent.  Suggests SAIF and the board must both oversee the process.

190

Sen. Shields

Asks if the Board of Medical Examiners certify the independence of IME documents.  Comments that insurance companies are the ones paying the “independent” examiners.

205

Kirkpatrick

Agrees there may be a role for the board or some other group to review and certify the independence of the examiners.

215

Chair Brown

Closes public hearing and opens work session on executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

STATE PARKS AND RECREATION COMMISSION – APPOINTMENTS OF JAMES BROWN AND SHARON RUDI AND REAPPOINTMENT OF WILLIAM GREGORY (See Exhibit A of March 30 Committee Minutes)

220

Chair Brown

MOTION:  Moves to waive the appearance of William Gregory and to recommend the APPOINTMENTS of James Brown and Sharon Rudi and the REAPPOINTMENT of William Gregory to the State Parks and Recreation Commission to the floor with the recommendation that the appointments and reappointment BE CONFIRMED EN BLOC.

225

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

QUALITY EDUCATION COMMISSION – APPOINTMENTS OF LYNN LUNDQUIST, LARENZO POE AND YVONNE CURTIS AND REAPPOINTMENT OF SUSAN MASSEY (See Exhibit  Q of March 30 Committee Minutes)

230

Chair Brown

MOTION:  Moves to waive the appearance of Susan Massey and moves the APPOINTMENTS of Lynn Lundquist, Lorenzo Poe and Yvonne Curtis and the REAPPOINTMENT of Susan Massey to the Quality Education Commission to the floor with the recommendation that the appointments and reappointment BE CONFIRMED EN BLOC.

235

Chair Brown

VOTE:  3-2-0

AYE:               3 - Ferrioli, Shields, Brown

NAY:               2 – Atkinson, Ringo

Chair Brown

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

CRIMINAL JUSTICE COMMISSION – APPOINTMENTS OF JOSHUA MARQUIS AND EVA TEMPLE (See Exhibit R of March 30 Committee Minutes)

240

Chair Brown

MOTION:  Moves the APPOINTMENTS of Joshua Marquis and Eva Temple to the Oregon Criminal Justice Commission to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

245

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

STATE FISH AND WILDLIFE COMMISSION – REAPPOINTMENT OF ZANE SMITH (See Exhibit S of March 30 Committee Minutes)

250

Chair Brown

MOTION:  Moves to waive the appearance of and the REAPPOINTMENT of Zane Smith to the State Fish and Wildlife Commission to the floor with the recommendation that the reappointment BE CONFIRMED.

255

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

HEALTH SERVICES COMMISSION – APPOINTMENT OF LEDA GARSIDE AND REAPPOINTMENT OF BRYAN SOHL (See Exhibit T of March 30 Committee Minutes)

260

Chair Brown

MOTION:  Moves to waive the appearances of Leda Garside and Bryan Sohl and to move the APPOINTMENT of Leda Garside and the REAPPOINTMENT OF BRYAN SOHL to the Health Services Commission to the floor with the recommendation that the appointment and reappointment BE CONFIRMED EN BLOC.

265

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

PHYSICAL THERAPIST LICENSING BOARD – REAPPOINTMENTS OF CINDY CUNNINGHAM AND CHARLES MOORE (See Exhibit U of March 30 Committee Minutes)

270

Chair Brown

MOTION:  Moves to waive the appearances of and the REAPPOINTMENTS of Cindy Cunningham and Charles Moore to the Physical Therapist Licensing Board to the floor with the recommendation that the reappointments BE CONFIRMED EN BLOC.

275

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

STATE BOARD OF TAX PRACTITIONERS – APPOINTMENT OF MICHAEL ADDINGTON AND REAPPOINTMENT OF DONNA GILMOUR (See Exhibit V of March 30 Committee Minutes)

280

Chair Brown

MOTION:  Moves to waive the appearance of Donna Gilmour and the APPOINTMENT of Michael Addington and the REAPPOINTMENT of Donna Gilmour to the State Board of Tax Practitioners to the floor with the recommendation that the appointment and reappointment BE CONFIRMED EN BLOC.

285

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

290

Chair Brown

Closes work session on executive appointments.  Opens work session for consideration of drafting requests for drafting and introduction of committee measures.

APPROVAL OF DRAFTING REQUESTS AND INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

295

Chair Brown

MOTION:  Moves drafting requests 1 through 6 be approved for drafting by Legislative Counsel and introduction as committee bills (EXHIBIT I).

305

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

310

Chair Brown

MOTION:  Moves LC's:  LC 3471 (EXHIBIT J), LC 3479-1 (EXHIBIT K), LC 3479-2 (EXHIBIT L), LC 3514 (EXHIBIT M), LC 3532 (EXHIBIT N), LC 3537 (EXHIBIT O) and LC 3546 (EXHIBIT P) BE INTRODUCED as committee bills.

320

VOTE:  5-0-0

Chair Brown

Hearing no objection, declares the motion CARRIED.

NOTE: 

LC 3471 printed as SB 1042

LC 3479-1 printed as SJR 32

LC 3479-2 printed as SJR 33

LC 3514 printed as SB 1043

LC 3532 printed as SM 1

LC 3537 printed as SB 1044

LC 3546 printed as SB 1045

330

Chair Brown

Closes work session on drafting and introductions.  Opens public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING

TEACHER STANDARDS AND PRACTICES COMMISSION – APPOINTMENT OF FRANCIS CHARBONNIER (EXHIBIT Q)

335

Francis Charbonnier

Discusses his interest in and qualifications for the appointment.  Explains need to have teachers become and remain qualified to teach.  Says his perspective is from the education management side instead of the teaching side.  Submits written testimony (EXHIBIT R).

STATE MARINE BOARD – APPOINTMENT OF GEORGE TINKER (EXHIBIT S)

390

Chair Brown

Calls George Tinker.

TAPE 44, B

005

Rep. Arnie Roblan

District 9.  Testifies in support of the appointment.  Discusses Mr. Tinker’s qualification for the appointment. 

020

Chair Brown

Notes Sen. Verger is in support as well.

025

George Tinker

Coos Bay.  Appears by telephone conference. Explains interest in boating safety and qualifications for the appointment.

045

Chair Brown

Asks about issue of recreational right of use on navigable waterways and adding a fee on non-motorized craft.  Asks about boater education background.

050

Tinker

Discusses involvement teaching sailing and sailboat racing.  Discusses non-motorized uses including sailing and drift boating.  Says he would study the issue before coming to a conclusion.

065

Chair Brown

Asks about kayaking experience.

067

Tinker

Replies that he does not have any experience with kayaking or canoeing.

070

Chair Brown

Asks about boater safety requirements.

075

Tinker

Explains requirements and safety course available.

PUBLIC UTILITY COMMISSION – REAPPOINTMENT OF JOHN SAVAGE (EXHIBIT T)

090

John Savage

Discusses his interest in and qualifications for the reappointment.  Submits written qualifications (EXHIBIT U).

105

Jeff Bissonet

Citizens Utility Board.  Testifies in support of the reappointment.

125

Sen. Shields

Asks about the public impression of the lack of experience of the PUC.

135

Savage

Suggests it is because the tenure is somewhat short. 

OCEAN POLICY ADVISORY COUNCIL – APPOINTMENTS OF JIM BERGERON AND BRAD

PETTINGER (EXHIBIT A)

160

Jim Bergeron

Port Commissioner, Port of Astoria.  Describes his interest in and qualifications for the appointment.

190

Chair Brown

Confirms he is from Astoria.  Refers to concern about lack of representation from the north coast.  Asks him to be prepared.

195

Sen. Shields

Asks if he can get along with Onno Husing.

200

Bergeron

Reports that he is port representative to the OCZMA and has attended their meetings.  Says that he agrees with some of the members and disagrees with some of the members, and that he can express his opinions confidently.  Says he is the convener of the Near Shore Project.

235

Chair Brown

Calls David Hatch on the phone.  Leaves message.

245

Chair Brown

Calls Brad Pettinger.

255

Chair Brown

Introduces committee members.

260

Brad Pettinger

Commercial fisherman, Brookings.  Administrator, Oregon Trawl Commission.  Explains interest in and qualifications for the appointment.  Discusses issue of marine reserves.

290

Chair Brown

Asks if it is a new appointment.

295

Pettinger

Replies that he is new.

300

Sen. Shields

Refers to marine reserves and asks about science applied to the decision-making process.

305

Pettinger

Discusses the studies available and additional information needed.

335

Chair Brown

Calls Jim Pex on phone.  Leaves message.

BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING – APPOINTMENT AND

REAPPOINTMENT OF ANDREW BENTZ (EXHIBIT V)

365

Chair Brown

Calls Andrew Bentz on phone. 

375

Andrew Bentz

Sheriff, Malheur County. Discusses his background and interest in the appointment.  Explains interest in certification of law enforcement professionals.

425

Chair Brown

Discusses need for diversity on the board.  Asks about issue of the growing diversity of the state population.  Asks about local level efforts to diversify the force and deal with diverse populations.

TAPE 45, A

005

Bentz

Discusses challenges to recruit and hire new officers to diversify the force.  Says it is an ongoing effort.

025

Sen. Shields

Asks about finding out about what other states are doing to encourage diversity.

030

Bentz

Agrees it is worthwhile to review what other areas are doing.  Says that the BPSST is a logical place to nurture those ideas.  Discusses position of academy in forwarding ideas.

OCEAN POLICY ADVISORY COUNCIL – APPOINTMENT OF DAVID HATCH (EXHIBIT A)

070

Chair Brown

Calls David Hatch on the phone.

080

David Hatch

Confederate Tribes of Siletz, tribal council member.  Explains his interest in and qualifications for the appointment.

090

Chair Brown

Clarifies it is a slot for a tribal representative.

092

Hatch

Confirms.

095

Chair Brown

Asks where he works.

098

Hatch

Replies that he has been an engineer with the city of Portland for 22 years.

100

Chair Brown

Asks if he is a previous member of OPAC.

105

Hatch

Replies that he was one tribal member who was represented on the council.

110

Chair Brown

Asks about his role on the council.

115

Hatch

Says he will try to represent positions of the tribes on the council, especially the Siletz tribes.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENT OF CHARLES KARNS

(EXHIBIT F)

125

Chair Brown

Calls Charles Karns on phone.

130

Charles Karns

Klamath Falls.  Explains his interest in and qualifications for the appointment. 

150

Chair Brown

Asks for his advice to legislators of ways to help high school graduates prepare for the workforce.

155

Karns

Says he would like to revamp K-12, especially by increasing exposure to career opportunities and the correlation between education and careers in manufacturing.  Stresses local effort to create alternative schools to better involve students in a career path instead of a college path.

175

Chair Brown

Asks if there needs to be more extensive technical and training opportunities available.

180

Karns

Agrees.

185

Chair Brown

Refers to Benson High School in Portland.

190

Karns

Agrees it is needed in other areas.

195

Sen. Shields

Asks about the Klamath Falls area and training for high school students.

200

Karns

Describes an alternative school in his area.  Says there are now 40 students attending the school who have dropped out of the local schools. 

OCEAN POLICY ADVISORY COUNCIL – APPOINTMENT OF JIM PEX (EXHIBIT A)

225

Chair Brown

Calls Jim Pex.

230

Jim Pex

Retired, Oregon State Police, self-employed forensic consultant.  Appears by conference call.  Describes his interest in and qualifications for the appointment. 

290

Sen. Shields

Asks for comment on the science behind marine reserves.

305

Pex

Discusses political side and scientific side of the issue (his interest area). 

325

Sen. Shields

Asks if he has seen the film “Common Ground.”

330

Pex

Says he has seen it and wonders how much it applies to our area.  Says he visited the marine reserve in Florida.

340

Sen. Shields

Comments that many reserves are in more temperate regions.  Refers to one reserve in the New England area.

355

Pex

Says that it still comes down to scientific evidence.  Describes other tools available to preserve marine species.

385

Sen. Shields

Explains selection process for appointments.  Closes the public hearing and adjourns the meeting at 10:51 a.m.