SENATE COMMITTEE ON RULES
June 08, 2005 Hearing Room B
3:00 P.M. Tapes 96 - 97
Corrected 11/09/05
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
Katie Lowry, Committee Assistant
MEASURE/ISSUES HEARD:
Executive Appointments – Public Hearing
Director, Department of Revenue
Elizabeth Harchenko
SB 1074 – Public Hearing
Executive Appointments – Public Hearing
Psychiatric Security Review Board
Norwood Knight-Richardson
Board on Public Safety Standards and Training
Steven Piper
Executive Appointments – Public Hearing for Waived Appearances
Commission for the Blind
Frank Armstrong
Irvin Handelman
Oregon Government Standards and Practices Commission
Delna Jones
Commission for Women
Vicki Wegener
V. Anna Willman
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 96, A |
||
|
005 |
Chair Brown |
Calls the meeting to order at 3:30 p.m. Notes the committee is officially in sub-committee. Makes opening remarks. Opens a public hearing on executive appointments. |
|
EXECUTIVE APPOINTMENTS – PUBLIC HEARING DIRECTOR, DEPARTMENT OF REVENUE – APPOINTMENT OF ELIZABETH HARCHENKO (EXHIBIT A) |
||
|
|
|
(NOTE: The committee is now meeting as a full committee.) |
|
015 |
Elizabeth Harchenko |
Explains her qualifications and interest in appointment to the Department of Revenue. |
|
072 |
Chair Brown |
Mentions tax compliance. Assumes witness is referring to SB 480 (2005). |
|
075 |
Harchenko |
Replies yes. Explains SB 480 (2005) has compliance components in it as well as some policy option packages included in the Department of Revenue’s budget. |
|
077 |
Sen. Ringo |
Thanks witness for her work. Makes reference to witness’ statement that the way forest land is taxed has been changed. Asks if the amount of revenue received from forest land has been reduced because of those changes. |
|
082 |
Harchenko |
Replies the way the revenue is collected has been shifted. Gives a brief history of tax collection on forest land. |
|
109 |
Sen. Ringo |
Asks if the changes resulted in less revenue. |
|
110 |
Harchenko |
Believes the expectation was that there would be less revenue. Explains in detail. |
|
125 |
Chair Brown |
Recesses the public hearing on executive appointments and opens a public hearing on SB 1074. |
|
SB 1074 – PUBLIC HEARING |
||
|
134 |
Sen. Floyd Prozanski |
Senate District 4. Provides background information on SB 1074. Submits and refers to newspaper articles (EXHIBIT B). |
|
185 |
Chair Brown |
Asks for clarification. |
|
187 |
Sen. Prozanski |
Provides clarification. Continues providing background information on SB 1074. |
|
255 |
Daniel Swift |
President, Oregon States Police Officers’ Association. Submits and reads written testimony in support of SB 1074 (EXHIBIT C). |
|
315 |
Sen. Ringo |
Thanks witness for his testimony. |
|
316 |
Sen. Prozanski |
Notes for the record there is a change in SB 1074. Explains the bill was originally drafted in another bill and there was a prohibition of receiving any type of revenue for a two-year period. States the prohibition has now been reduced to a one-year prohibition. Provides an explanation. |
|
344 |
Vice-Chair Ferrioli |
Remarks there are other jurisdictions that use revenue from the court system to defray court operations. Provides examples. Asks how this is different. |
|
352 |
Sen. Prozanski |
Discusses a survey done by the League of Oregon Cities (LOC) which gives the percentage of revenue from their traffic enforcement to add to their annual budgets. |
|
380 |
Judy Volta |
Mayor of Coburg. Provides information on attempts of the City of Coburg to take steps to reduce dependence on revenue from the court system. Relates personal story regarding the receipt of speeding tickets. Asks committee to be patient with the City of Coburg. Asks committee to not allow SB 1074 to go forward. |
|
TAPE 97, A |
||
|
006 |
John Bosley |
Acting Chief of Police, City of Coburg. Submits and reads written testimony in opposition to SB 1074 (EXHIBIT D). |
|
105 |
David Landrum |
Finance Manager of Coburg. States that he is here only to answer questions. |
|
108 |
Sen. Shields |
Asks Mr. Bosley if he wrote any tickets on I-5 that were not justified when he was an officer. |
|
112 |
Bosley |
Replies no. Discusses personal ethics. |
|
116 |
Sen. Shields |
Verifies that witness mentioned that they give warnings, but never write tickets unless the person is going over 80 mph. |
|
118 |
Bosley |
Replies correct. |
|
119 |
Sen. Shields |
Verifies the speed limit is 65 mph on the section of road that goes through Coburg. |
|
120 |
Bosley |
Replies correct. |
|
121 |
Sen. Shields |
States that he has only been stopped once in the state of Oregon, and he was only going 77 mph. Points out that the speed limit is 65 mph and they are giving tickets to people going over 80 mph. |
|
128 |
Sen. Ferrioli |
Points out that at the very least the City of Coburg has a public relations problem. Provides examples of other cities that have engaged in aggressive enforcement. Explains that, to some extent, the actions of Coburg reflect on the legislature. Discusses the speed trap on the stretch of freeway. Discusses the percentage of revenue that is received from ticketing. Discusses policy change by the superintendent of the Oregon State Police. Continues discussion of public relations problem. |
|
188 |
Volta |
Clarifies that the city has reduced their reliance to 25 percent. |
|
190 |
Sen. Ferrioli |
Points out other cities are around 15 percent. |
|
191 |
Volta |
Replies they are working toward that direction. |
|
192 |
Sen. Ferrioli |
States he can see that trajectory. Believes the damage to credibility has been done. Commends the City of Coburg for their enforcement of removing dangerous people from the road. Discusses reliance on revenue. Asks if the bill has an emergency clause. |
|
208 |
Chair Brown |
States that if it has an emergency clause it will go into effect July 1. |
|
209 |
Sen. Ferrioli |
Asks what the City of Coburg could do to assure Sen. Prozanski that this practice is going to be stopped before SB 1074 goes into effect. |
|
211 |
Volta |
Comments on date. Points out that the City of Coburg has made changes in the last six months. Believes the City of Coburg would need a year. Wants to see the Senate work with the City of Coburg. |
|
221 |
Sen. Ferrioli |
Asks when the change in administration took place. |
|
222 |
Volta |
Responds. Discusses ideas for other sources of revenue. |
|
238 |
Sen. Ferrioli |
Asks what the witness would suggest that Sen. Prozanski say to the next 200 people that are cited on I-5 within the city limits of Coburg about the speed trap issue. |
|
240 |
Volta |
Asks for clarification. |
|
241 |
Sen. Ferrioli |
Repeats question. |
|
245 |
Volta |
Explains she has not talked personally with Sen. Prozanski, but states several of their staff people have talked with him about how to work with him. Expresses willingness to have a conversation and explains it has not resulted in any fruition. |
|
250 |
Sen. Ferrioli |
Believes Sen. Prozanski commutes to Eugene on I-5. |
|
253 |
Volta |
Reiterates willingness to have a conversation. |
|
255 |
Chair Brown |
Explains this is a new issue for her. Expresses concerns that the legislature passed legislation in 2003 regarding the City of Coburg. Appreciates that the City of Coburg has had a change in administration. |
|
270 |
Bosley |
States that when this first became an issue, it was not uncommon to see a police officer on that stretch of highway every day of the week. Explains changes that have occurred. |
|
283 |
Sen. Ringo |
Remarks on witness’ statement. |
|
292 |
Chair Brown |
States it is a sad comment on the funding the legislature gives to the Oregon State Police. |
|
294 |
Sen. Ringo |
Replies yes. Believes SB 1074 is not meant as a personal rebuke, but is intended to address a problem. Asks about the annexation that occurred that was mentioned in the Register-Guard editorial. Asks when that annexation occurred. |
|
301 |
Volta |
Explains the annexation. |
|
311 |
Sen. Ringo |
Verifies that, before the annexation, the Coburg city limits did not include any stretch of I-5, and after the annexation it did. |
|
315 |
Volta |
Confirms that it crossed I-5. |
|
316 |
Sen. Ringo |
Verifies the annexation did not occur for the purposes of facilitating the speed trap. |
|
317 |
Volta |
Believes it did not. Explains that some people feel that it did. |
|
325 |
Don Schuessler |
Coburg City Council President. Reiterates steps taken by the city of Coburg to reduce dependence upon fines as a revenue source. Explains that SB 1074 will hinder the city of Coburg. |
|
368 |
Sen. Bill Morisette |
Senate District 6. Gives background information on the City of Coburg. Testifies regarding SB 1074. |
|
TAPE 96, B |
||
|
017 |
Chair Brown |
Asks if Sen. Morisette voted for the Coburg bill in 2003. |
|
018 |
Sen. Morisette |
Replies he does not remember. |
|
021 |
Chair Brown |
Asks if Sen. Morisette has talked with Sen. Prozanski. |
|
023 |
Sen. Morisette |
Responds. |
|
028 |
Chair Brown |
Explains it is not acceptable for this pattern to continue. Asks what happens if this pattern does continue. |
|
033 |
Sen. Morisette |
Believes there is a possibility of drafting a bill that would not take effect immediately. |
|
039 |
Sen. Shields |
Asks if Sen. Morisette is suggesting amending a bill so that there would be some trigger mechanisms in it. |
|
040 |
Sen. Morisette |
Replies yes and explains. |
|
044 |
Sen. Ferrioli |
Asks Mr. Schuessler what the response of the city was to the 2003 legislation. |
|
052 |
Volta |
States that in 2003 the prior administration was still in place. |
|
056 |
Chair Brown |
Makes comment. |
|
057 |
Sen. Ferrioli |
Points out they ignored the law. |
|
058 |
Chair Brown |
Replies correct. Asks if that is fair to say. |
|
059 |
Volta |
Replies it is a new day in Coburg. |
|
060 |
Sen. Ferrioli |
Wonders how much dialogue there has been between the mayor or city administrator and Sen. Prozanski. |
|
064 |
Volta |
Expresses willingness to talk with Sen. Prozanski. |
|
073 |
Sen. Ferrioli |
Asks if the city is currently in compliance with the 2003 law. |
|
074 |
Volta |
Replies yes. |
|
075 |
Sen. Ferrioli |
Believes they have a difference of opinion. |
|
076 |
Volta |
Asks if Sen. Ferrioli is talking about the citations that have been written in different courts. Explains they presented evidence at the prior hearing that they had been legal. |
|
078 |
Sen. Ferrioli |
Clarifies no one is suggesting the citations were not legal. Reiterates question regarding compliance of Coburg with the law passed in 2003 relative to this issue. |
|
080 |
Schuessler |
Explains in 2004, 65 percent of the citations issued by Coburg went to the Central Lane Justice Court. |
|
082 |
Sen. Ferrioli |
Verifies the witness believes Coburg is in compliance. |
|
083 |
Schuessler |
Replies yes. |
|
084 |
Sen. Ferrioli |
Hopes there is a solution for this problem without having to pass another law. |
|
093 |
Sen. Morisette |
States that he did have one conversation with Sen. Prozanski after the previous hearing in the Judiciary Committee. Discusses amendments. |
|
102 |
Sen. Ferrioli |
Expresses appreciation for willingness of witnesses to serve. Hopes to come to a solution. |
|
114 |
Sen. Morisette |
Expresses admiration for the current administration in the city of Coburg. |
|
126 |
Sen. Ferrioli |
Makes comments regarding law enforcement. |
|
137 |
Sen. Prozanski |
Responds to testimony. Believes they are enforcing the law outside their jurisdiction. Discusses geographic location of officers. Reiterates reduction of penalty time to one year. Points out that most cities get between 2-6 percent of their revenue from ticketing. |
|
176 |
Chair Brown |
Asks if that is along the I-5 corridor. |
|
177 |
Sen. Prozanski |
Replies yes. |
|
178 |
Sen. Prozanski |
Discusses submitted article from the Oregonian. |
|
195 |
Chair Brown |
Verifies they continue to issue tickets. |
|
196 |
Sen. Prozanski |
Confirms this. |
|
197 |
Chair Brown |
Asks Sen. Prozanski to comment on the new administration. |
|
198 |
Sen. Prozanski |
Responds. |
|
225 |
Chair Brown |
States that SB 1074 will not move forward today. |
|
229 |
Chair Brown |
Closes the public hearing on SB 1074 and re-opens the public hearing on executive appointments. |
|
EXECUTIVE APPOINTMENTS – PUBLIC HEARING BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING – APPOINTMENT OF STEVEN PIPER (EXHIBIT E) |
||
|
236 |
Steven Piper |
Explains his qualifications and interest in appointment to the Board on Public Safety Standards and Training (BPSST). |
|
248 |
Chair Brown |
Asks witness about his interest in serving on the BPSST. |
|
250 |
Piper |
Explains interest in serving on the BPSST. |
|
266 |
Chair Brown |
Asks about multi-cultural training within the witness’ law enforcement agency. Asks if witness can bring those experiences to the BPSST. |
|
272 |
Piper |
Explains his background in cultural diversity and sexual harassment training. |
|
282 |
Chair Brown |
Asks about experiences in Gresham with regards to the increasing Latin population. |
|
289 |
Piper |
Responds. |
|
296 |
Sen. Shields |
Asks if witness is comfortable calling on the expertise of his police chief, other women or minorities in the arena of the BPSST. |
|
313 |
Piper |
Responds. |
|
323 |
Chair Brown |
Makes comments. Recesses public hearing on executive appointments and opens public hearing on executive appointments for waived appearances. |
|
EXECUTIVE APPOINTMENTS – PUBLIC HEARING FOR WAIVED APPEARANCES COMMISSION FOR THE BLIND- REAPPOINTMENTS OF FRANK ARMSTRONG AND IRVIN HANDELMAN (EXHIBIT F) OREGON GOVERNMENT STANDARDS AND PRACTICES COMMISSION – REAPPOINTMENT OF DELNA JONES (EXHIBIT G) COMMISSSION FOR WOMEN – REAPPOINTMENTS OF VICKI WEGENER AND V. ANNA WILLMAN (EXHIBIT H) |
||
|
330 |
Chair Brown |
Seeing no witnesses, closes public hearing on executive appointments for waived appearances and re-opens public hearing on executive appointments. |
|
EXECUTIVE APPOINTMENTS – PUBLIC HEARING PSYCHIATRIC SECURITY REVIEW BOARD – APPOINTMENT AND REAPPOINTMENT OF NORWOOD KNIGHT-RICHARDSON (EXHIBIT I) |
||
|
365 |
Norwood Knight-Richardson |
Explains his qualifications and interest in appointment to the Psychiatric Security Review Board. |
|
TAPE 97, B |
||
|
020 |
Chair Brown |
Discusses the mentally ill and developmentally disabled in the juvenile justice system. Comments on legislation that would create a juvenile psychiatric security review board. Asks for comments. |
|
034 |
Knight-Richardson |
Asks Chair Brown if the juvenile psychiatric security review board would be there as the legal triage body to determine, after adjudication, where and how long these young people would receive their treatment. |
|
040 |
Chair Brown |
Replies yes. Explains they would be in the dispositional phase. |
|
041 |
Knight-Richardson |
Believes it would work. Expresses concerns regarding the incarceration of children. Explains he would have to look at the details, but believes it to be a good idea. |
|
049 |
Sen. Ferrioli |
Makes comment. |
|
055 |
Knight-Richardson |
Makes comment. |
|
060 |
Chair Brown |
Appreciates witness’ willingness to serve. |
|
064 |
Knight-Richardson |
Thanks committee. States he is humbled by this
opportunity. |
|
071 |
Chair Brown |
Closes public hearing on executive appointments and adjourns meeting at 5:01 p.m. |
EXHIBIT SUMMARY
A. Revenue, Department of, staff and Governor’s office, 5 pp
B. SB 1074, articles, Sen. Floyd Prozanski, 6 pp
C. SB 1074, written testimony, Daniel Swift, 2 pp
D. SB 1074, written testimony, John Bosley, 7 pp
E. Public Safety Standards and Training, Board on, staff and Governor’s office, 12 pp
F. Blind, Commission for the, staff and Governor’s office, 9 pp
G. Government Standards and Practices Commission, Oregon, staff and Governor’s office, 7 pp
H. Women, Commission for, staff and Governor’s office, 18 pp
I. Psychiatric Security Review Board, staff and Governor’s office, 9 pp