SENATE COMMITTEE ON RULES

 

 

June 15, 2005 Hearing Room B

8:30 A.M. Tape 106

Corrected 11/10/05

 

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 Work Session

Director Department of Revenue

Elizabeth Harchenko

Commission for the Blind

Frank Armstrong

Irvin Handelman

Oregon Government Standards and Practices Commission

Delna Jones

Psychiatric Security Review Board

Norwood Knight-Richardson

Appointment to unexpired term

Norwood Knight-Richardson

Reappointment to new term

Board on Public Safety Standards and Training

Steven Piper

Commission on Women

Vicki Wegener

V. Anna Willman

SB 1037A Work Session

 

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speakers exact words. For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 106, A

005

Chair Brown

Calls the meeting to order at 8:37 a.m. Makes opening remarks. Comments on amendments to HB 3489. Opens a work session on executive appointments.

EXECUTIVE APPOINTMENTS WORK SESSION

DIRECTOR DEPARTMENT OF REVENUE APPOINTMENT OF ELIZABETH HARCHENKO (See Exhibit A of June 8 Committee Minutes)

016

Chair Brown

MOTION: Moves the APPOINTMENT of Elizabeth Harchenko to the Director Department of Revenue to the floor with the recommendation that the appointment BE CONFIRMED.

017

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

COMMISSION FOR THE BLIND REAPPOINTMENTS OF FRANK ARMSTRONG AND IRVIN HANDELMAN (See Exhibit F of June 8 Committee Minutes)

018

Chair Brown

MOTION: Moves to waive the appearances and the REAPPOINTMENTS of Frank Armstrong and Irvin Handelman to the Commission for the Blind to the floor with the recommendation that the reappointments BE CONFIRMED EN BLOC.

020

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

OREGON GOVERNMENT STANDARDS AND PRACTICES COMMISSION APPOINTMENT OF DELNA JONES (See Exhibit G of June 8 Committee Minutes)

022

Chair Brown

MOTION: Moves the APPOINTMENT of Delna Jones to the Oregon Government Standards and Practices Commission to the floor with the recommendation that the appointment BE CONFIRMED.

024

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

PSYCHIATRIC SECURITY REVIEW BOARD APPOINTMENT AND REAPPOINTMENT OF NORWOOD KNIGHT-RICHARDSON (See Exhibit I of June 8 Committee Minutes)

026

Chair Brown

MOTION: Moves the APPOINTMENT and REAPPOINTMENT of Norwood Knight-Richardson to the Psychiatric Security Review Board to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

030

Sen. Shields

Verifies that the committee spoke to Dr. Knight-Richardson on the telephone last week.

032

Chair Brown

Replies yes.

034

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING APPOINTMENT OF STEVEN PIPER (See Exhibit E of June 8 Committee Minutes)

036

Chair Brown

MOTION: Moves the APPOINTMENT of Steven Piper to the Board on Public Safety Standards and Training to the floor with the recommendation that the appointment BE CONFIRMED.

038

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

COMMISSION FOR WOMEN APPOINTMENTS OF VICKI WEGENER AND V. ANNA WILLMAN (See Exhibit H of June 8 Committee Minutes)

040

Chair Brown

MOTION: Moves the APPOINTMENTS of Vicki Wegner and V. Anna Willman to the Commission for Women to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

042

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

045

Chair Brown

Closes work session on executive appointments and opens a work session on approval of drafting requests.

APPROVAL OF DRAFTING REQUESTS WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits memo explaining the drafting requests (EXHIBIT A).

050

Chair Brown

MOTION: Moves two drafting requests be approved for drafting by Legislative Counsel and BE INTRODUCED as committee bills.

058

 

VOTE: 4-0-1

EXCUSED: 1 - Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

067

Chair Brown

Closes work session on drafting of legislative concepts and introduction of committee measures.

SB 1037A WORK SESSION

 

Tiffany Harris

Committee Administrator. Submits revenue impact statement (EXHIBIT B) and fiscal impact statement (EXHIBIT C) to SB 1037. Submits overview of the A11 amendments prepared by committee staff (EXHIBIT D).

070

Chris Crean

Assistant County Attorney, Multnomah County. Refers to the amendment summary prepared by committee staff (EXHIBIT E).

085

Crean

Discusses the A11 amendments (EXHIBIT F).

097

Crean

Discusses the A10 amendments (EXHIBIT G).

107

Crean

Discusses the A9 amendments (EXHIBIT H).

128

Chair Brown

Verifies that it is the Attorney Generals opinion that Measure 37 (2004) claims are not transferable under the language of the measure as drafted.

131

Crean

Replies yes.

132

Crean

Discusses the A8 amendments (EXHIBIT I).

141

Chair Brown

Asks about the benefit of a tract of record provision.

144

Crean

Points out that tract of record is only an alternative, and is not a sole remedy for someone with a Measure 37 claim. Explains how a tract of record provision works. Discusses benefits of the tract of record alternative.

163

Chair Brown

Verifies that tract of record is not intended to subvert, delay, or deny a person with a Measure 37 claim.

165

Crean

Confirms this. Explains in detail.

168

Chair Brown

Asks witness what advice he would give as a lawyer.

169

Crean

Comments about the tract of record provision.

174

Crean

Summarizes briefly each of the previous amendments.

185

Sen. Ringo

MOTION: Moves to ADOPT SB 1037-A8 amendments dated 06/14/05.

196

Sen. Ferrioli

Inquires when the A8 amendments were available for distribution to the general public and interested parties.

197

Chair Brown

Believes the A8 amendments were available this morning.

198

Sen. Ferrioli

Points out that Chair Brown has not normally moved amendments before people have had a chance to adequately review the contents. Remarks he has two pages of questions that have come to him regarding the amendments.

204

Chair Brown

Mentions she does not intend to move the bill today. Points out the amendments are deleting provisions rather than adding them.

216

Vice-Chair Ferrioli

States that he will submit his questions in writing but will read them for the record. Reads questions in regards to SB 1037A.

240

Sen. Ringo

Suggests Vice-Chair Ferrioli ask one question at a time if he wishes for Mr. Crean to respond.

242

Vice-Chair Ferrioli

Explains his intention is to read his questions into the record. States that Mr. Crean doesnt really need to be at the witness stand.

244

Sen. Shields

Verifies that Mr. Crean will receive a copy of the questions later and will have a chance to respond.

245

Vice-Chair Ferrioli

Confirms this. Points out this amendment hasnt been distributed. Comments about moving amendments on the same day they were published.

253

Crean

Mentions that the A11 amendments were the only amendments that came out this morning, and all the other amendments were available yesterday. Notes it may be a distinction without a difference.

257

Sen. Ferrioli

Verifies that Sen. Ringos motion was on the A11 amendments.

258

Sen. Ringo

States his motion was on the A8 amendments. Points out the A11 amendments were simply to resolve a conflict between two other amendments. States the A11 amendments do not add anything, but only conform the existing amendments.

262

Vice-Chair Ferrioli

Asks which amendments Sen. Ringos motion is on.

263

Sen. Ringo

Replies A8 amendments.

264

Vice-Chair Ferrioli

Verifies the A8 amendments were distributed earlier.

265

Sen. Ringo

Replies yes. Points out the language in the amendments is language that was part of a discussion among the work group for several months.

267

Vice-Chair Ferrioli

Asks if anyone else testified on the A8 amendments.

268

Sen. Ringo

Explains Chair Brown opened a work session on SB 1037A and then asked Mr. Crean to present the amendments.

269

Vice-Chair Ferrioli

Asks if there is anyone present who would like to testify on the A8 amendments. States that he sees no one who wishes to testify. States intention to submit his questions to make them part of the public record. Comments about date of amendments. Recesses the meeting at 8:58 a.m.

288

Chair Brown

Calls the meeting back to order at 9:01 a.m.

289

Sen. Ferrioli

Submits his questions regarding SB 1037A (EXHIBIT J).

290

Chair Brown

Understands Sen. Ferrioli does not want the questions answered.

291

Sen. Ferrioli

Explains he does want the questions answered, but did not think it was fair to ask Mr. Crean to answer the questions without having a chance to look at them. Reiterates that he wanted them to be a part of the record. Comments there is a motion on the table and understands the A8 amendments were available yesterday.

299

 

VOTE: 3-1-1

AYE: 3 - Ringo, Shields, Brown

NAY: 1 - Ferrioli

EXCUSED: 1 - Atkinson

 

Chair Brown

The motion CARRIES.

305

Sen. Ringo

MOTION: Moves to ADOPT SB 1037-A9 amendments dated 06/14/05.

308

 

VOTE: 3-1-1

AYE: 3 - Ringo, Shields, Brown

NAY: 1 - Ferrioli

EXCUSED: 1 - Atkinson

 

Chair Brown

The motion CARRIES.

310

Sen. Ringo

MOTION: Moves to ADOPT SB 1037-A10 amendments dated 06/14/05.

311

 

VOTE: 3-1-1

AYE: 3 - Ringo, Shields, Brown

NAY: 1 - Ferrioli

EXCUSED: 1 - Atkinson

 

Chair Brown

The motion CARRIES.

312

Sen. Ringo

MOTION: Moves to ADOPT SB 1037-A11 amendments dated 06/15/05.

313

Sen. Ferrioli

Asks if the A11 amendments were published this morning.

314

Sen. Ringo

Reiterates the A11 amendments resolve conflicts between the A4 and the A7 amendments. Explains the A4 and the A7 amendments were available yesterday. Points out the A11 amendments only delete language from the bill that has been there for several months.

325

Sen. Ferrioli

Appreciates the clarification. Comments that sometimes parsing a sentence changes its meaning. Points out that what is deleted may be just as important as what is added. Urges Chair Brown to not move amendments that were posted the same morning.

332

Chair Brown

Appreciates Sen. Ferriolis comments.

331

 

VOTE: 3-1-1

AYE: 3 - Ringo, Shields, Brown

NAY: 1 - Ferrioli

EXCUSED: 1 - Atkinson

 

Chair Brown

The motion CARRIES.

336

Chair Brown

Closes work session on SB 1037 and adjourns meeting at 9:04 a.m.

 

EXHIBIT SUMMARY

 

A.     Approval of drafting and introduction requests, memorandum, staff, 8 pp

B.     SB 1037A, revenue impact statement, staff, 6 pp

C.     SB 1037A, fiscal impact statement, staff, 3 pp

D.    SB 1037A, overview of A11 amendments, staff, 2 pp

E.     SB 1037A, amendment summary, staff, 1 p

F.      SB 1037A, -A11 amendments, staff, 2 pp

G.    SB 1037A, -A10 amendments, staff, 1 p

H.    SB 1037A, -A9 amendments, staff, 1 p

I.       SB 1037A, -A8 amendments, staff, 1 p

J.      SB 1037A, questions, Sen. Ted Ferrioli, 1 p