SENATE COMMITTEE ON RULES

 

 

May 09, 2005                                                                                                          Hearing Room B

3:00 P.M.                                                                                                                     Tapes  65 - 66

                                                                                                                              Corrected 11/08/05

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

VISITING MEMBER            :           Sen. Vicki Walker

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:          

Executive Appointments – Work Session

      State Board of Chiropractic Examiners

            Joyce McClure

            Estelle Parker-Kent

            Michael Vissers

      Board of Examiners of Nursing Home Administrators

            Margaret Clark

            Larry Davy

            Kathleen Elias

            Jim Bagley

      State Workforce Investment Board

            David Williams

Executive Appointments – Public Hearing

      Board of Directors of State Accident Insurance Fund (SAIF) Corporation

            Catherine Travis

            Robb Van Cleave

      Water Resources Commission

            Charles Barlow

            John Jackson

            Mary Meloy

            Gary Reed

            Jay Rasmussen

            Susie Smith

Drafting and 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 65, A

005

Chair Brown

Calls the meeting to order at 3:07 p.m.  Opens work session on executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

STATE BOARD OF CHIROPRACTIC EXAMINERS – APPOINTMENTS OF JOYCE McCLURE,

ESTELLE PARKER-KENT AND MICHAEL VISSERS (See Exhibit T of May 3 Committee Minutes)

010

Chair Brown

MOTION:  Moves the APPOINTMENTS of Joyce McClure, Estelle Parker-Kent and Michael Vissers to the State Board of Chiropractic Examiners to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

015

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS – APPOINTMENTS OF MARGARET CLARK AND LARRY DAVY, APPOINTMENT AND REAPPOINTMENT OF KATHLEEN ELIAS, AND REAPPOINTMENT OF JIM BAGLEY(See Exhibit W of May 3 Committee Minutes)

020

Chair Brown

MOTION:  Moves to waive the appearance of Jim Bagley, the APPOINTMENTS of Margaret Clark, Larry Davy, Kathleen Elias, and the REAPPOINTMENTS of Jim Bagley and Kathleen Elias to the Board of Examiners of Nursing Home Administrators to the floor with the recommendation that the appointments and reappointments BE CONFIRMED EN BLOC.

025

Sen. Shields

Comments on the qualifications of candidates.  Discusses issue of elder abuse behind closed doors in care facilities.

030

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENT OF DAVID WILLIAMS (See

Exhibit V of May 3 Committee Minutes)

035

Chair Brown

MOTION:  Moves the APPOINTMENT of David Williams to the State Workforce Investment Board to the floor with the recommendation that the appointment BE CONFIRMED.

040

 

VOTE:  3-0-2

EXCUSED:  2 – Atkinson, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

045

Chair Brown

Closes work session on executive appointments.  Opens public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING

STATE ACCIDENT INSURANCE FUND CORPORATION BOARD OF DIRECTORS –

APPOINTMENTS OF CATHERINE TRAVIS AND ROBB VAN CLEAVE (EXHIBIT A)

050

Sen. Ryan Deckert

District 14.  Introduces Catherine Travis.  Testifies in support of her appointment. 

065

Catherine Travis

Attorney, Portland.  Discusses her background, interest in and qualifications for the appointment.  Describes mission of providing quality, affordable workers’ compensation insurance.  Expresses need to restore public confidence in the SAIF Corporation Board.

155

Robb Van Cleave

Mayor of The Dalles.  Discusses his background, interest in and qualifications for the appointment.  Describes necessity of healthy workers’ compensation system.

215

Sen. Shields

Asks about level of oversight the Board gave the former director and how much it should provide.

230

Travis

Confirms it should be investigated and the Board should have oversight for certain contracts and other aspects of the business.

255

Sen. Shields

Asks about public meetings and open records. 

280

Van Cleave

Observes the law must be followed, considering statutes in place which govern the company.  Suggests the company must err on the side of the public and keep meetings open.

305

Sen. Shields

Asks whether SAIF Corporation should be drawn closer to government or become more independent.

345

Travis

Defers and asks for time to study and understand the issue before drawing conclusions.  Discusses ways to make a quasi-public corporation operate effectively in a market environment.

405

Van Cleave

Discusses dealing with employees and how he has taken the employees’ side in a conflict with SAIF Corporation.  Asserts the company must follow rules established by the legislature, while staying competitive in the marketplace.  Continues and discusses options for Board oversight of the company.

TAPE 66, A

020

Sen. Ferrioli

Explains Van Cleave is an expert in employee management.  Asks how he will operate on the Board as an employer representative.

030

Van Cleave

Explains he will try to find balance between employee and employer interests.

040

Sen. Ferrioli

Asks Travis how she will represent the public on the Board.

045

Travis

Explains she will try to represent those broader interests.

060

Sen. Ferrioli

Points out there are specific roles designated on the Board and urges candidates to represent those interests.

070

Chair Brown

Asks if his mayor’s job is for pay.

075

Van Cleave

Answers it is a volunteer position.

085

Sen. Atkinson

Points out that the legislature also represents the public.  Suggests there is little confidence in SAIF Corporation.  Asks what the candidates will do to repair the company’s reputation with the legislature.

110

Travis

Agrees it is incumbent on the Board to restore the confidence of the legislature and the public.  Discusses need to take politics out of group insurance contracts and lobbying contracts.

145

Van Cleave

Responds every Board has members who bring their own experience and integrity to the Board.  Suggests the Board must work to restore best practices.

170

Sen. Atkinson

Explains the agency needs to be shaken up.  Asks the candidates to work hard for improvements.

190

Sen. Walker

Comments on Travis’s experience in bankruptcy and business reorganizations.  Comments on the appointment dates.

230

Travis

Responds she was contacted in March 2005.

235

Van Cleave

Adds he has been asking the Governor since November 2004 to be appointed to the Board.

245

Sen. Walker

Discusses legislation pending this session.  Asks about the make-up of the Management-Labor Advisory Committee (MLAC).

275

Travis

Commits to obtaining information about Sen. Walker’s legislation, evaluating it and sharing her expertise in the process.

295

Van Cleave

Answers he did not know about MLAC and was surprised he could not find out more.  Expresses curiosity.

315

Sen. Walker

Comments MLAC has too much power and should be reconsidered.

WATER RESOURCES COMMISSION – APPOINTMENT OF CHARLES BARLOW, JOHN

JACKSON, MARY MELOY, AND GARY REED, AND REAPPOINTMENT OF JAY RASMUSSEN

AND SUSIE SMITH (EXHIBIT B)

340

Charles Barlow

Farmer operating family farm with 1000 irrigated acres.  Discusses his background, interest in and qualifications for the appointment.  Explains he has overwhelming support from his region.

375

Chair Brown

Asks about the closure of a sugar beet plan in Nyssa.

380

Barlow

Explains the company has temporarily closed the processing facility due to reduction in demand.

400

Mary Meloy

Bend; retired from municipal government.  Discusses her background, interest in and qualifications for the appointment.  Describes experience working with natural resource issues and farming 20 acres of grass and hay in central Oregon. 

TAPE 65, B

010

John Jackson

Cornelius; retired from wholesale plant nursery.  Discusses his background, interest in and qualifications for the appointment.  Discusses experience in local water district issues.

040

Gary Reed

Superintendent and Research Entomologist, Hermiston Agricultural Research and Extension Center, Oregon State University.  Discusses his background, interest in and qualifications for the appointment.  Discusses increasing significance of water supply issues.

060

Sen. Shields

Asks about allowing drilling of thousands of domestic wells, and how that affects the overall water supply.  Asks about conservation of water in an agricultural state.

080

Meloy

Discusses types of wells, both permitted and exempt from permits:

·         Permitted wells are regulated and more information is available on those systems

·         For exempt users there must be public education on how to conserve

105

Reed

Suggests the problem is more massive than it seems.  Discusses conservation efforts currently in place in areas where water is more scarce.  Discusses need for more knowledge of state water base and opportunities for the long term.

125

Jackson

Explains that education is important.  Discusses water as a finite resource which the public must understand.  Describes how the water table is dropping in the lower Willamette Basin. 

145

Chair Brown

Comments on implications of Ballot Measure 37.

150

Jackson

Adds that a checklist for purchase of property should include a check on the groundwater situation.

160

Sen. Ben Westlund

District 27.  Testifies in support of Mary Meloy’s appointment.  Discusses her efforts in the Deschutes River system with a collaborative can-do attitude and a committee work ethic.

185

Kay Teisl

Oregon Cattlemen’s Association.  Testifies in support of Water Resources Commission appointees, especially Charles Barlow.

190

Barry Bushue

Oregon Farm Bureau Federation.  Testifies in support of the Water Resources Commission candidates.

The following material is submitted for the record without public testimony for executive appointments:

 

Martha Pagel

Submits written testimony (EXHIBIT C).

200

Chair Brown

Closes public hearing on executive appointments.  Opens work session for consideration of requests for drafting and introduction.

APPROVAL OF REQUESTS FOR DRAFTING AND INTRODUCTION – WORK SESSION

215

Chair Brown

Describes three requests for drafting and introduction (EXHIBIT D).

220

Chair Brown

MOTION:  Moves drafting requests 1 through 3 BE APPROVED FOR DRAFTING by Legislative Counsel and BE INTRODUCED as committee bills.

225

 

VOTE:  4-0-1

EXCUSED:  1 - Atkinson

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

230

Chair Brown

Closes work session.  Adjourns the committee meeting at 4:22 p.m.

 

EXHIBIT SUMMARY

 

A.     State Accident Insurance Fund Corporation Board of Directors, staff and Governor’s office, 14 pp

B.     Water Resources Commission, staff and Governor’s office, 33 pp

C.     Water Resources Commission, written testimony, Martha Pagel, 2 pp

D.    Approval of drafting and introduction requests, staff, 3 pp