SENATE COMMITTEE ON RULES

 

 

May 18, 2005                                                                                                   Hearing Room HR B

3:00 P.M.                                                                                                                     Tapes 77 – 78

                                                                                                                            Corrected 11/08/05           

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

 

MEMBER EXCUSED:          Sen. Frank Shields

 

MEMBER VISITING:                       Sen. Vicki Walker

 

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURE/ISSUES HEARD:          

HCR 15 – Public Hearing

Executive Appointments – Public Hearing

      Oregon Board of Dentistry

            Darren Huddleston

      Oregon Government Standards and Practices Commission

            Thomas Bruner

      Oregon Investment Council

            Katy Durant

      Public Employees’ Benefit Board

            Rich Peppers

      State Plumbing Board

            Kathryn Mattimore

Executive Appointments – Public Hearing on Waived Appearances

      State Board of Parole and Post-Prison Supervision

            Michael Washington

      Long Term Care Advisory Committee

            Marian Anderson      

            William Leiken          

      Oregon International Board of Commissioners Port of Coos Bay

            Jerry Hampel 

            Caddy McKeown

            Daniel Smith

      State Board of Psychologist Examiners

            Rosemary Berdine

HCR 15 – Work Session

SB 1028 – Public Hearing

Executive Appointments – Work Session

      Board of Directors of State Accident Insurance Fund Corporation

            Catherine Travis

            Robb Van Cleave

      Water Resources Commission

            Charles Barlow

            John Jackson

            Mary Meloy

            Jay Rasmussen

            Gary Reed

            Susie Smith

 

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 77, A

005

Chair Brown

Calls committee to order at 3:06 p.m. as a sub-committee. Opens public hearing on HCR 15.

HCR 15 – PUBLIC HEARING

010

Chair Brown

Closes public hearing on HCR 15 and opens public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING

OREGON BOARD OF DENTISTRY – APPOINTMENT OF DARREN HUDDLESTON (EXHIBIT A)

017

Darren Huddleston

Explains his qualifications and interest in appointment to the Oregon Board of Dentistry (OBD).

023

Chair Brown

Asks how long witness has practiced in Grants Pass.

024

Huddleston

Replies five years.

025

Chair Brown

Asks where witness practiced prior to Grants Pass.

026

Huddleston

Replies Gainesville, Florida.

027

Chair Brown

Asks if witness has any concerns about his ability to participate on the OBD with regards to his location.

029

Huddleston

Replies no. Makes comments.

031

Chair Brown

Remarks she is the only member here. Thanks witness.

OREGON GOVERNMENT STANDARDS AND PRACTICES COMMISSION – APPOINTMENT OF THOMAS BRUNER (EXHIBIT B)

037

Thomas Bruner

Explains his qualifications and interest in appointment to the Oregon Government Standards and Practices Commission (GSPC).

053

Chair Brown

Asks if witness has served on a board or commission for the state of Oregon previously.

054

Bruner

Replies not for the state of Oregon.

055

Chair Brown

Asks if witness has served in the state of Texas.

056

Bruner

Replies yes.

057

Chair Brown

Asks what witness did for the state of Texas.

058

Bruner

Responds.

060

Chair Brown

Discusses lack of funding to the GSPC and how that affects commissioners. Asks if witness has any concerns about ability to fulfill commission requirements.

062

Bruner

Replies no. Discusses lack of dedicated funding source to the GSPC.

 

 

(Note: The committee is now meeting as a full committee.)

076

Sen. Atkinson

Asks when witness mobilized 1.7 million people.

078

Bruner

Asks for clarification.

079

Sen. Atkinson

Asks when witness did his community grassroots work.

080

Bruner

Replies Fort Worth, Texas.

083

Sen. Atkinson

Verifies that witness has been in Oregon seven years.

084

Bruner

Confirms this.

091

Sen. Atkinson

Asks if any of the positions he has held could be seen as partisan.

092

Bruner

Replies in some sectors they could have been seen as partisan. States he has not been partisan in the exercise of his duties. Explains that he has worked hard both here and in Texas to be inclusive and not treat issues in a partisan way.

098

Sen. Atkinson

Asks when witness decided to get involved in non-profit work.

100

Bruner

Responds.

105

Sen. Atkinson

Asks if the GSPC is currently partisan or if it has been partisan in the recent past.

106

Bruner

Points out that he is not currently a member of the commission. Believes the task of the commission to be non-partisan. Believes that if the commission has been partisan then it should not be in the future.

111

Sen. Atkinson

Asks about paperwork sent in for review.

112

Bruner

Responds.

124

Sen. Atkinson

Asks if witness has ever looked at the form he is referring to.

125

Bruner

Replies yes, briefly.

OREGON INVESTMENT COUNCIL – APPOINTMENT OF KATY DURANT (EXHIBIT C)

135

Katy Durant

Explains her qualifications and interest in appointment to the Oregon Investment Council (OIC).

157

Sen. Atkinson

Asks what graduate school witness went to.

158

Durant

Replies Willamette.

159

Sen. Atkinson

Asks for further clarification.

160

Durant

Replies Willamette University.

161

Sen. Atkinson

Asks what the name of the school was.

162

Durant

Replies Atkinson.

163

Sen. Atkinson

Verifies that witness works for Norris, Beggs and Simpson.

164

Durant

Responds.

165

Sen. Walker

Asks who recommended the witness for the council.

170

Durant

Replies Randall Edwards. Provides details.

173

Sen. Walker

Verifies that witness has worked on both of the mentioned boards for approximately a year.

174

Durant

Replies yes.

175

Sen. Walker

Asks if witness knows Neil or Diana Goldschmidt or is affiliated with them in any way.

176

Durant

Replies that she knows them both, but is not affiliated with them in a business sense.

177

Sen. Walker

Makes comment. Asks if witness is acquainted with or in business with any other member of the OIC.

178

Durant

Replies no.

181

Sen. Walker

Asks if witness is aware of any of the pending legislation that she has this session about the OIC.

182

Durant

Replies yes and says that Kate Richardson has informed her of the pending legislation.

183

Sen. Walker

Asks if witness has a position on any of the legislation.

184

Durant

Replies no. Explains that she is aware of conflicts of interest.

188

Sen. Walker

Makes comment on legislation. Asks if witness is familiar with the standard of ethics set by the OIC.

190

Durant

Replies yes. Provides further explanation. Emphasizes that she doesn’t view any of it as a problem.

195

Sen. Walker

Explains that the mentioned pending legislation relates to the standards of ethics. Provides details. Asks if witness has seen the statement of fund governance for the Oregon Public Employees’ Retirement Funds (PERS).

206

Durant

Believes she has them, but has not thoroughly read all of them.

207

Sen. Walker

Asks how long witness has known about the position.

208

Durant

States the nomination was last Thursday.

215

Sen. Walker

Asks when witness was first approached about possibly serving on the OIC.

217

Durant

Replies approximately a month and a half ago.

218

Sen. Walker

Verifies that witness was out of the country for a month, so she hasn’t had much time to review.

219

Durant

Confirms this.

220

Chair Brown

Asks witness where she went.

221

Durant

Replies she went on a sabbatical to Mexico.

225

Sen. Walker

Asks if witness has followed the workings of the OIC prior to the invitation to participate.

226

Durant

Responds.

236

Sen. Walker

Asks if witness has regularly followed the meetings of the OIC.

237

Durant

Replies no.

238

Sen. Walker

Asks if witness understands the conflict of interest issues.

239

Durant

Replies yes.

240

Sen. Walker

States that witness does that in her own business.

241

Durant

Replies yes.

242

Chair Brown

Verifies that witness has a code of ethics in her own business that she is required to follow.

243

Durant

Replies yes and explains.

245

Sen. Walker

Asks if witness knows how well PERS is performing under the watchful eye of the OIC.

248

Durant

Responds.

257

Sen. Walker

Notes that the witness has many other activities she participates in.

260

Durant

Explains she will no longer participate in the mentioned activities.

266

Sen. Walker

Makes comment about time commitment.

270

Durant

Believes there to be a statutory conflict.

272

Sen. Ringo

Discusses suggestions that investments be placed in Oregon corporations or ventures to help spur business in Oregon. States that is somewhat inconsistent with the goal of maximizing revenue. Asks how witness weighs those two ideas.

281

Durant

Responds.

294

Sen. Ringo

States that was a diplomatic answer. Makes comment.

PUBLIC EMPLOYEES’ BENEFIT BOARD – APPOINTMENT AND REAPPOINTMENT OF RICH PEPPERS (EXHIBIT D)

303

Rich Peppers

Explains his qualifications and interest in working on the Public Employees’ Benefit Board (PEBB).

328

Sen. Atkinson

Asks staff why Sen. Morisette’s name is listed.

329

Tiffany Harris

Committee Administrator. Explains.

333

Sen. Atkinson

Asks if there are partisan slots on this board.

334

Chair Brown

Believes that the Speaker of the House and the Senate President each appoint one board member. Believes that for the last few years both representatives have been republican.

STATE PLUMBING BOARD – APPOINTMENT OF KATHRYN MATTIMORE (EXHIBIT E)

379

Kathryn Mattimore

Appears by telephone conference call. Explains her qualifications and interest in being appointed to the State Plumbing Board.

384

Chair Brown

Asks for details about the Backflow Cross Connection Program.

385

Mattimore

Gives details.

393

Chair Brown

Verifies that witness’ interest in serving on the State Plumbing Board stems from her current employment.

394

Mattimore

Replies yes.

396

Sen. Ringo

Thanks witness for willingness to serve.

403

Mattimore

Responds.

404

Chair Brown

Asks if witness has any experience dealing with waterless urinals.

405

Mattimore

Responds.

415

Chair Brown

Asks if witness would be willing to listen to information and look at the data from the pilot project as a member of the State Plumbing Board.

418

Mattimore

Responds.

TAPE 78, A

006

Sen. Atkinson

Makes comment.

007

Chair Brown

Responds.

008

Sen. Atkinson

Makes comment.

009

Chair Brown

Responds.

012

Chair Brown

Closes public hearing on executive appointments and opens public hearing on executive appointments.

EXECUTIVE APPOINTMENTS – PUBLIC HEARING ON WAIVED APPEARANCES

STATE BOARD OF PAROLE AND POST-PRISON SUPERVISION – REAPPOINTMENT OF MICHAEL WASHINGTON (EXHIBIT F)

LONG TERM CARE ADVISORY COMMITTEE – REAPPOINTMENTS OF MARIAN ANDERSON AND WILLIAM LEIKEN (EXHIBIT G)

OREGON INTERNATIONAL BOARD OF COMMISSIONERS PORT OF COOS BAY – REAPPOINTMENTS OF JERRY HAMPEL, CADDY McKEOWN, AND DANIEL SMITH (EXHIBIT H)

STATE BOARD OF PSYCHOLOGIST EXAMINERS – REAPPOINTMENT OF ROSEMARY BERDINE (EXHIBIT I)

016

Chair Brown

Asks if there is anyone who wishes to testify on any of the executive appointments.

018

Chair Brown

Seeing no witnesses, closes public hearing on executive appointments. Makes comments on executive appointments.

027

Sen. Atkinson

Asks if Mr. Bruner and Ms. Durant could come to see him before a work session is held on their appointments.

030

Chair Brown

Offers to allow Sen. Atkinson to meet with witnesses now.

031

Chair Brown

Opens work session on HCR 15.

HCR 15 – WORK SESSION

033

Chair Brown

MOTION:  Moves HCR 15 be sent to the floor with a BE ADOPTED recommendation.

039

Sen. Ringo

Makes comment.

042

 

VOTE:  3-0-2

EXCUSED:  2 - Ferrioli, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

048

Chair Brown

Closes work session on HCR 15 and opens public hearing on SB 1028.

SB 1028 – PUBLIC HEARING

063

Bill Sanderson

Citizen. Testifies in opposition to SB 1028.

068

Dick Blum

Operators River Northwest Oregon. Submits and reads written testimony in opposition to SB 1028 (EXHIBIT J).

123

Michael Greenbaum

Riverfront and Property Owner. States opposition to SB 1028 and defers to his written testimony. Submits written testimony (EXHIBIT K).

138

Donna Lane

Property Owner, Tillamook County. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT L).

176

A.D. “Gus” Meyer

Resident, Tillamook. Testifies in opposition to SB 1028.

250

Meyer

Continues testimony in opposition to SB 1028.

299

Sen. Ferrioli

Believes the McKenzie River was one of the adjudicated navigable rivers in Oregon. Asks if that means that the beds and banks are already owned by the state of Oregon and that they are public.

305

Greenbaum

Replies yes.

307

Sen. Ferrioli

Verifies that witness believes that SB 1028 expands access beyond the declaration of navigability.

308

Greenbaum

Asks for clarification.

310

Sen. Ferrioli

Opines the issue in SB 1028 is recreational use and the description of rights under the Attorney General’s (AG) opinion that was recently released. Believes that both are less broad than the declaration of navigability to the high water mark. Reiterates that the McKenzie River’s beds and banks are already public land to the high water mark. Wonders if witness thinks that SB 1028 will increase recreational use of the McKenzie River.

320

Greenbaum

Replies no. Believes SB 1028 has very negligible effects on the McKenzie River.

330

Greenbaum

Discusses intention of SB 1028 in regards to the registration of boats and the use of law enforcement.

337

Sen. Ferrioli

Believes that is not the intention of SB 1028. Explains the intention of SB 1028 is to attempt to reduce conflict on the rivers. Discusses issues of conflict.  

360

Greenbaum

Believes that SB 1028 will create conflict rather than reduce it. Provides an example.

378

Sen. Ferrioli

Understands what the witness is saying. Believes it is not any different than automobiles license plates.

388

Greenbaum

Discusses accounts that the collected money under SB 1028 will go into.

TAPE 77, B

002

Chair Brown

States that the McKenzie River has been declared navigable, so the witness currently has the ability to call the local law enforcement if he sees someone breaking the law.

005

Greenbaum

Makes comments about the assignment of numbers.

006

Sen. Ferrioli

States the only difference is that the witness will have the means to identify the lawbreaker.

007

Greenbaum

Asserts that people will fabricate things that did not happen.

008

Chair Brown

Points out rivers are being used without adequate sanitation services. Asks if witness sees that as an issue.

010

Greenbaum

Replies no. States that where he lives trash cans are being pulled.

011

Chair Brown

Asks for clarification of pulling trash cans.

012

Greenbaum

Explains that trash cans are disappearing.

013

Chair Brown

Asks witness why he thinks that is.

014

Greenbaum

Responds.

018

Chair Brown

Discusses potential increase in law enforcement. Discusses priorities of law enforcement. Provides an example.

030

Greenbaum

Replies.

031

Sen. Ferrioli

Discusses purpose of registration fee.

040

Chair Brown

Discusses boating registration in Minnesota.

047

Greenbaum

Discusses money given to the Oregon Marine Board. States that the Oregon Marine Board is known for being pro-motorized boating. Discusses who will receive benefits.

060

Chair Brown

Discusses appointees to the Oregon Marine Board. Asks witness to name another authority he prefers if he believes that the Oregon Marine Board is not the appropriate board of jurisdiction.

065

Greenbaum

Believes the committee should create a non-motorized board.

069

Chair Brown

States for the record that she is a kayaker.

071

Sen. Ferrioli

States that the AG’s opinion about recreational use of Oregon’s rivers is very broad. States there is not a clear definition of floatage in statute, and SB 1028 is an attempt to clarify this. Points out that it seems like the concerns that the other witnesses have would be addressed in SB 1028. Believes SB 1028 benefits landowners.

106

Meyer

Discusses the AG’s opinion.

125

Sen. Ferrioli

Agrees. States that SB 1028 is an attempt to clarify the rights of recreational users and property owners. Reiterates that he understands and agrees with witness. States that SB 1028 is an attempt to put clarity into statute.

135

Meyer

Discusses responsibilities of landowners. Discusses portage.

152

Sen. Ferrioli

Verifies that the portage issue needs to be clarified.

153

Meyer

Replies yes. States support for local solutions.

162

Chair Brown

Thanks witnesses for their testimony.

165

Chair Brown

Recesses public hearing on SB 1028 and opens work session on executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

BOARD OF DIRECTORS OF STATE ACCIDENT INSURANCE FUND CORPORATION – APPOINTMENT OF CATHERINE TRAVIS AND ROBB VAN CLEAVE(See Exhibit A of May 9 Committee Minutes)

WATER RESOURCES COMMISSION – APPOINTMENTS OF CHARLES BARLOW, JOHN JACKSON, MARY MELOY, GARY REED AND REAPPOINTMENTS OF JAY RASMUSSEN AND SUSIE SMITH (See Exhibit B of May 9 Committee Minutes)

166

Chair Brown

MOTION:  Moves the APPOINTMENTS of Catherine Travis and Robb Van Cleave to the Board of Directors of State Accident Insurance Fund Corporation to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

168

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

189

Chair Brown

MOTION:  Moves to waive the appearances of Jay Rasmussen and Susie Smith, and the APPOINTMENTS of Charles Barlow, John Jackson, Mary Meloy, Gary Reed, and the REAPPOINTMENTS of Jay Rasmussen and Susie Smith to the Water Resources Commission to the floor with the recommendation that the appointments and reappointments BE CONFIRMED EN BLOC.

190

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

184

Chair Brown

Closes work session on executive appointments and re-opens public hearing on SB 1028.

SB 1028 – PUBLIC HEARING

190

Art Israelson

River Access Director, Northwest Steelheaders. Discusses concerns with section 2(3) of SB 1028.

215

Chair Brown

Asks witness for suggestions.

216

Israelson

Suggests committee retain state wide plan and avoid local control. Discusses letter submitted at the last public hearing on SB 1028 (5/16/2005). Discusses pollution on the land in Tillamook County.

249

Heather McNeill

Citizen. Discusses the Oregon Beach Law. Discusses Oregon Supreme Court case Trullinger v. Howe (1909).

293

Lawrence Edwards

Resident, Marion County. Submits written testimony on SB 1028 (EXHIBIT M). Remarks on earlier testimony. Makes correction to testimony made on Monday, 05/16/2005 regarding the McKenzie River. Discusses floatage. Discusses right of portage. Makes suggestion to committee.

385

Israelson

States some deeds go to the high water mark, the low water mark, the center of the river, across the river, or the thread of the river. Discusses recent court case regarding the navigability of the John Day River and opinion of the Court of Appeals.

402

Sen. Ferrioli

Believes the issue of ownership is less important than the question of how to manage. States that SB 1028 does not address the issue of ownership but does address the issues of management.

411

Chair Brown

Provides an analogy. Believes the intent of SB 1028 is to ensure that everyone is abiding by the same set of guidelines.

416

Edwards

Comments that is what the laws that were on the books in 1940 did. Explains in detail.

426

Chair Brown

Remarks that she does not disagree with witness’ suggestions. Believes the difficulties faced today are different than those faced in the early 1900s in regards to the number of people.

439

Edwards

States it was 1957 when those laws were repealed.

440

Chair Brown

Remarks the population has changed substantially since 1957 and river use has changed substantially also.

443

Edwards

Makes comment.

The following prepared testimony is submitted for the record without public testimony:

 

Bryon Madsen

Citizen. Submits written testimony in opposition to SB 1028 (EXHIBIT N).

445

Chair Brown

Closes public hearing on SB 1028 and adjourns meeting at 4:31 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Executive Appointments, Oregon Board of Dentistry, staff and Governor’s office, 10 pp

B.     Executive Appointments, Oregon Government Standards and Practices Commission, staff and Governor’s office , 8 pp

C.     Executive Appointments, Oregon Investment Council, staff and Governor’s office, 6 pp

D.    Executive Appointments, Public Employees’ Benefit Board, staff and Governor’s office, 6 pp

E.     Executive Appointments, State Plumbing Board, staff and Governor’s office, 4 pp

F.      Executive Appointments, State Board of Parole and Post-Prison Supervision, staff and Governor’s office, 8 pp

G.    Executive Appointments, Long Term Care Advisory Committee, staff and Governor’s office, 9 pp

H.    Executive Appointments, Oregon International Board of Commissioners Port of Coos Bay, staff and Governor’s office, 14 pp

I.       Executive Appointments, State Board of Psychologist Examiners, staff and Governor’s office, 8 pp

J.      SB 1028, written testimony, Dick Blum, 1 p

K.    SB 1028, written testimony, Michael Greenbaum, 6 pp

L.     SB 1028, written testimony, Donna Lane, 1 p

M.  SB 1028, written testimony, Lawrence Edwards, 8 pp

N.    SB 1028, written testimony, Bryon Madsen, 2 pp