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.
Assures the committee he will give it his best.

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