SENATE COMMITTEE ON RULES

 

 

August 02, 2005                                                                                                      Hearing Room B

11:00 A.M.                                                                                                               Tapes 186 - 187

Corrected 11/16/05

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURE/ISSUES HEARD:          

Executive Appointments - Public Hearing and Work Session

      State Workforce Investment Board

            Cynthia Risan

            Gilbert Hayes

      Workers’ Compensation Board

            Abigail Herman

      Environmental Quality Commission

            Donalda Dodson

      Board on Public Safety Standards and Training

            David Schutt

            Mark Prince

      Commission on Asian Affairs

            Massoud Saberian

            Carol Suzuki

      Long Term Care Advisory Committee

            Jean Williams

HB 3463 - Public Hearing and Work Session

HB 3108B - Public Hearing

SB 1079 – Work Session

SCR 11 – Public Hearing and 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 186, A

005

Chair Brown

Calls the meeting to order at 11:11 a.m. and opens a public hearing on executive appointments.

EXECUTIVE APPOINTMENTS - PUBLIC HEARING

STATE WORKFORCE INVESTMENT BOARD - APPOINTMENT OF CYNTHIA RISAN (EXHIBIT A)

012

Cynthia Risan

Explains her qualifications and interests in the appointment.

028

Chair Brown

Wonders what the witness would do differently if she were in charge to better prepare high school students for the workforce.

034

Risan

Discusses educational connection to the workplace.

WORKERS’ COMPENSATION BOARD - APPOINTMENT OF ABIGAIL HERMAN (EXHIBIT B)

045

Abigail Herman

Explains her qualifications and interests in the appointment.

060

Chair Brown

Asks witness to discuss her management experience and how that is relevant to the appointment.

062

Herman

Discusses management experience.

074

Sen. Shields

Asks about her duties as commander of the 83rd Aerial Port Squadron.

078

Herman

Explains daily responsibilities.

083

Sen. Shields

Makes comments.

ENVIRONMENTAL QUALITY COMMISSION - APPOINTMENT OF DONALDA DODSON (EXHIBIT C)

105

Donalda Dodson

(Appears by telephone.) Explains her qualifications and interests in the appointment to the Environmental Quality Commission.

110

Chair Brown

Clarifies her background has been in public health and related fields.

112

Dodson

Replies yes and explains background.

116

Sen. Shields

Comments witness has also been a part of the Hunger Relief Task Force. Makes additional remarks.

118

Chair Brown

Suggests she will be a valuable addition to the commission.

BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING - APPOINTMENT OF DAVID SCHUTT AND MARK PRINCE (EXHIBIT D)

140

David Schutt

(Appears by telephone.) Explains his qualifications and interests in the appointment to the Board on Public Safety Standards and Training.

157

Chair Brown

Asks if witness grew up in Oregon.

158

Schutt

Replies no.

160

Chair Brown

Wonders how witness ended up in Lakeview.

161

Schutt

Responds.

168

Chair Brown

Makes closing remarks. Calls Mark Prince.

185

Mark Prince

(Appears by telephone.) Explains his qualifications and interests in the appointment to the Board on Public Safety Standards and Training.

202

Chair Brown

Appreciates witness’ willingness to serve on the Board.

STATE WORKFORCE INVESTMENT BOARD - APPOINTMENT OF GILBERT HAYES (EXHIBIT A)

222

Gilbert Hayes

(Appears by telephone.) Explains his qualifications and interests in the appointment to the State Workforce Investment Board.

238

Chair Brown

Notes that witness is currently a labor representative on the Region 9 Workforce Investment Board.

240

Hayes

Confirms.

241

Chair Brown

Believes that will provide synergy with this appointment. Asks if witness has any concerns about his ability to have time available to participate in the State Workforce Investment Board.

244

Hayes

Replies there is no conflict with the current meeting schedule.

248

Sen. Shields

Asks witness to explain his personal experience in the state-sponsored apprenticeship program.

255

Hayes

Responds.

264

Chair Brown

Appreciates witness’ willingness to serve on the Board.

COMMISSION ON ASIAN AFFAIRS – REAPPOINTMENTS OF MASSOUD SABERIAN AND CAROL SUZUKI (EXHIBIT E)

266

Chair Brown

Notes no request for public testimony.

LONG TERM CARE ADVISORY COMMITTEE – REAPPOINTMENT OF JEAN WILLIAMS (EXHIBIT F)

269

Chair Brown

Notes no request for public testimony.

273

Sen. Shields

Remarks that David Schutt and Mark Prince both did tours of duty in Klamath Falls.

278

Chair Brown

Closes the public hearing on executive appointments and opens a public hearing on HB 3463.

HB 3463 - PUBLIC HEARING

284

Tiffany Harris

Committee Administrator. Provides an overview of HB 3463.

310

Rep. Derrick Kitts

District 30. Provides an explanation of HB 3463. Presents visual aid.

349

Chair Brown

Wonders how much one of the cars shown in the visual aid cost.

351

Rep. Kitts

Replies $6,500.

353

Chair Brown

Makes comment.

354

Rep. Kitts

Replies.

370

Chair Brown

Closes the public hearing and opens a work session on HB 3463.

HB 3463 - WORK SESSION

372

Chair Brown

MOTION:  Moves HB 3463 to the floor with a DO PASS recommendation.

380

 

VOTE:  3-0-2

EXCUSED:  2 - Ferrioli, Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

390

Chair Brown

Closes the work session on HB 3463 and opens a public hearing on
HB 3108B.

HB 3108B - PUBLIC HEARING

392

Tiffany Harris

Committee Administrator. Provides an overview of HB 3108B. Submits the -B26 amendments (EXHIBIT G). Submits the fiscal impact statement to HB 3108B (EXHIBIT H).

420

Bruce Bishop

Oregon Association of Hospitals and Health Systems (OAHHS). Expresses support for HB 3108B. States that he supports section 9 of the bill but offers objection to language in the Staff Measure Summary (SMS) and fiscal impact statement to HB 3108B. Submits written testimony (EXHIBIT I).

TAPE 187, A

001

Bishop

Continues testimony.

031

Ed Patterson

Oregon Rural Health Association. Testifies in support of HB 3108B.

057

Tom Holt

Oregon State Pharmacy Association. Shares the concerns expressed by Mr. Bishop and explains in detail. Asks committee to revise the SMS and the fiscal impact statement to address their concerns. States that they would support the -B26 amendments if necessary.

098

Sen. Ferrioli

Wonders where in the SMS or the fiscal impact statement is the direction for specificity in limitation of hospital days or prescriptions.

101

Bishop

Refers to the fiscal analysis prepared by John Borden. Quotes language on page 2 and comments on mentioned language.

119

Sen. Ferrioli

Comments on budget reductions. Notes that this statement is essentially deputizing the Department of Human Services (DHS) to answer policy questions.

130

Bishop

Believes that to be true.

132

Sen. Ferrioli

States the testimony of this panel has made all the points he would have made with questions. Discusses concerns.

144

Sen. Shields

Comments on the SMS prepared by John Britton.

158

Chair Brown

Mentions that any changes need to comply with ORS 414.720.

166

Chair Brown

Clarifies that witnesses need to distinguish between the fiscal analysis and the budget summary.

168

Sen. Jeff Kruse

District 1. Reviews his involvement with these issues since 1997. Believes the rural health piece of the bill is a valuable piece of legislation. Discusses section 9 and recommends it be removed by adopting the -B26 amendments.

217

Jim Gardner

Pharmaceutical Researchers and Manufacturers of America (PhRMA). Notes he helped revise this bill in the House. Relates surprise over the SMS and fiscal analysis. Mentions HB 2511 (2003) which directs the legislative assembly to adjust health services funded under the Oregon Health Plan (OHP). Discusses the intent of section 9.

250

Gardner

Continues and discusses the Legislative Fiscal Office (LFO) opinion on the Governor’s recommended budget. Reiterates that the statute directs the legislature, not the agency, to make the policy decisions on health care benefit levels. Points out that the numbers in the fiscal analysis are placeholders. Remarks the hearings process never occurred. Discusses the effects of deleting section 9 of HB 3108B.

300

Ellen Lowe

Oregon Law Center. Notes her experience with the OHP. Expresses concerns regarding the implications of HB 3108B.

380

Chair Brown

Notes that section 9 requires that the agency comply with ORS 414.720. Wonders if witness disagrees with that analysis.

386

Lowe

Believes that is true.

388

Chair Brown

Verifies that the witness believes that the legislature should be making these decisions and not the agency.

390

Lowe

Replies yes and explains that the framework of those decisions needs to be a funding level that allows those services to be delivered. Explains that is a question that has not been dealt with well.

398

Gardner

States that the reason this issue surfaced is because someone realized ORS 414.707(6) requires the legislature to make an affirmative decision about the level of health services provided.

406

Chair Brown

Verifies the legislature has the authority and the ability to allow DHS to do this, but cannot do it because of a particular statutory reference. 

411

Gardner

Replies that the legislature has to make the specific benefit package decision. Believes that they cannot lawfully make that decision by deferring to the implicit Governor’s budget that has not had a hearing.

418

Chair Brown

Invites someone from DHS to provide input.

TAPE 186, B

003

Lynne Reed

Interim Administrator, Office of Medical Assistance Programs, DHS. Discusses section 9 of HB 3108B. Mentions proposed reductions in the Governor’s recommended budget included in the fiscal analysis.

010

Chair Brown

Verifies that witness is saying we have already done this.

012

Reed

Concurs with previous testimony that there was no substantive discussion on this. States it was part of the LFO analysis of the Governor’s recommended budget. Explains some of the things contained in the reduction package have been specifically brought back by the legislative budget process, such as dental benefits. Points out that vision benefits have not been restored.

018

Chair Brown

Wonders if there were specific conversations about dental benefits. Wonders why there was a distinction made between dental and vision.

019

Reed

States there was discussion about dental. Suggests it may come down to a dollars discussion. Discusses options available regarding this issue. Talks about how DHS would respond to this legislation.

039

Chair Brown

Asks about earlier testimony that this contradicts ORS 414.707(6). Mentions intent of HB 2511.

045

Reed

Agrees that the intent was to give that authority to the legislature. Understands that Legislative Counsel’s Office (LC) believed that the language in section 9 would address that issue.

050

Sen. Shields

Wonders if the bill itself gives DHS the authority to do this.

052

Chair Brown

Replies yes, that section 9 does.

053

Sen. Shields

Wonders why nobody saw this coming.

054

Reed

Agrees that it was a surprise.

056

Chair Brown

Understands that this approach has been fairly consistent throughout the session.

058

Reed

Agrees. States that it was in the Governor’s recommended budget and in the LFO analysis of the Governor’s budget. Remarks that they did not have the full discussion that has happened in previous years in the Senate and House Budget Committees.

063

Sen. Shields

Asks about the effect on DHS if section 9 is deleted from HB 3108B.

065

Reed

Believes it would take away some of the items identified in the Governor’s proposed budget as options for how the agency would function with a $5 million budget reduction.

068

Chair Brown

Asks about the net effect and how DHS would balance the budget.

070

Reed

Discusses other reductions and ideas to compensate. Comments they do not yet have additional ideas for this $5 million reduction.

076

Sen. Ferrioli

Wonders about the liability of DHS.

086

Reed

Defers to the Department of Justice.

090

Chair Brown

Observes the legislature often makes decisions that result in people not getting what they need, which explains why the question is hard to answer. Provides examples. Opines the OHP is about making difficult choices. Remarks DHS is required to comply with ORS 414.720.

100

Sen. Ferrioli

Agrees that the OHP does draw a red line. Believes this is different because we are deciding that there will be limitations on services that are currently covered for those who are above the line of coverage.

114

Chair Brown

Believes that is an incorrect analysis.

115

Holly Robinson

Deputy Legislative Counsel. Believes the intent of section 9 is not to move the line of health care services provided, so there is no conflict between the adoption of covered services and the intent of section 9. 

124

Chair Brown

Asks why witness does not believe that is a conflict. Wonders about a situation where someone is having surgery to remove brain tumor under OHP and DHS cuts off funding. Believes that could not happen but remarks that audience members are indicating it could happen.

133

Robinson

Comments the dilemma facing this committee is the lack of process up to this point. Explains that section 9 depends on what is in the legislatively-adopted budget. Believes that nothing in the legislatively-adopted budget attempts to move the line of services provided. Believes that the legislature cannot move the line of services provided without the approval of the federal government. Remarks that DHS attempted to move the line of services provided during the last session.

144

Chair Brown

Remarks the federal government said no.

145

Robinson

Believes the line of services provided cannot be moved without the approval of the federal government. Remarks about the legislatively adopted budget.

151

Sen. Ferrioli

Believes there is nothing in this legislation that moves the line of services provided. Expresses concerns about diminishing services provided for those individuals above the line of coverage.

160

Robinson

Agrees that is potentially correct and the legislature is responsible for making that decision within the legislatively-adopted budget.

165

Chair Brown

Clarifies that the legislature has done it implicitly, but not explicitly by what is funded in the budget.

166

Robinson

Replies unfortunately yes. Remarks there were no multiple-day hearings on the subject. Comments on previous testimony.

201

Sen. Shields

Remarks this legislation makes the line of coverage a dotted line. Wonders if this is a subtle way to move the line without moving it.

210

Robinson

Responds.

220

Sen. Ferrioli

Thanks Ms. Robinson for her response. Makes additional comments.

233

Robinson

Discusses intent of ORS 414.707(6).

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

 

Amanda Rich

Western Advocates Incorporated. Submits written testimony in support of HB 3108B with the –A14 amendments (EXHIBIT J).

238

Chair Brown

Closes public hearing on HB 3108B and opens work session SB 1079.

SB 1079 - WORK SESSION

255

Chair Brown

Closes the work session on SB 1079 and opens a work session on executive appointments.

EXECUTIVE APPOINTMENTS - WORK SESSION

COMMISSION ON ASIAN AFFAIRS – REAPPOINTMENTS OF MASSOUD SABERIAN AND CAROL SUZUKI (EXHIBIT E)

258

Chair Brown

MOTION:  Moves to waive the appearances of and the REAPPOINTMENTS of Massoud Saberian and Carol Suzuki to the Commission on Asian Affairs to the floor with the recommendation that the reappointments BE CONFIRMED EN BLOC.

259

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

ENVIRONMENTAL QUALITY COMMISSION – APPOINTMENT OF DONALDA DODSON (EXHIBIT C)

260

Chair Brown

MOTION:  Moves the APPOINTMENT of Donalda Dodson to the Environmental Quality Commission to the floor with the recommendation that the appointment BE CONFIRMED.

262

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

LONG TERM CARE ADVISORY COMMITTEE – REAPPOINTMENT OF JEAN WILLIAMS (EXHIBIT F)

264

Chair Brown

MOTION:  Moves to waive the appearances of and the REAPPOINTMENT of Jean Williams to the Long Term Care Advisory Committee to the floor with the recommendation that the reappointment BE CONFIRMED.

265

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

BOARD ON PUBLIC SAFETY STANDARDS AND TRAINING – APPOINTMENTS OF DAVID SCHUTT AND MARK PRINCE (EXHIBIT D)

268

Chair Brown

MOTION:  Moves the APPOINTMENTS of David Schutt and Mark Prince to the Board on Public Safety Standards and Training to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

270

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

STATE WORKFORCE INVESTMENT BOARD – APPOINTMENTS OF GILBERT HAYES AND CYNTHIA RISAN (EXHIBIT A)

272

Chair Brown

MOTION:  Moves the APPOINTMENTS of Gilbert Hayes and Cynthia Risan to the State Workforce Investment Board to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

274

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

WORKERS’ COMPENSATION BOARD – APPOINTMENT OF ABIGAIL HERMAN (EXHIBIT B)

275

Chair Brown

MOTION:  Moves the APPOINTMENT of Abigail Herman to the Workers’ Compensation Board to the floor with the recommendation that the appointment BE CONFIRMED.

276

 

VOTE:  4-0-1

EXCUSED:  1 - Ringo

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

278

Vice-Chair Ferrioli

Closes the work session on executive appointments and opens a work session on SB 1079.

SB 1079 - WORK SESSION

286

E. M. Easterly

Land Use Chair, West Salem Neighborhood Association. Testifies in opposition to SB 1079 unless amended. Explains the measure as drafted applies to only one parcel of property in West Salem. Asks that all property parcels formerly removed from the Salem urban growth boundary (UGB) be incorporated back within the boundary, not just one. Supports local control of land use decisions. Suggests the measure allows the legislature to make individual land use decisions.

341

Vice-Chair Ferrioli

Makes closing comments.

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

 

Staff

Submits written testimony of Ted Hughes and Associates in support of SB 1079 (EXHIBIT K).

343

Vice-Chair Ferrioli

Recesses the meeting at 12:33 p.m. until after the Senate floor session at the call of the chair.

349

Chair Brown

Reconvenes the meeting at 4:19 p.m. Opens public hearing on SCR 11.

SCR 11 - PUBLIC HEARING

352

Tiffany Harris

Committee Administrator. Provides an overview of SCR 11.

365

Chair Brown

Closes public hearing on SCR 11 and opens work session on SCR 11.

SCR 11 - WORK SESSION

366

Sen. Atkinson

MOTION:  Moves SCR 11 be sent to the floor with a BE ADOPTED recommendation.

370

 

VOTE:  3-0-2

EXCUSED:  2 - Ringo, Shields

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

377

Chair Brown

Closes the work session on SCR 11. Announces that the other items on the agenda will be carried over until the meeting scheduled at 4:45 p.m. Adjourns the meeting at 4:21 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Workforce Investment Board, State, staff and Governor’s office, 13 pp

B.     Workers’ Compensation Board, staff and Governor’s office, 12 pp

C.     Environmental Quality Commission, staff and Governor’s office, 6 pp

D.    Public Safety Standards and Training, Board on, staff and Governor’s office, 18 pp

E.     Asian Affairs, Commission on, staff and Governor’s office, 9 pp

F.      Long Term Care Advisory Committee, staff and Governor’s office, 5 pp

G.    HB 3108, -B26 amendments (8-1-05), staff, 1 p

H.    HB 3108, fiscal impact statement, staff, 3 pp

I.       HB 3108, written testimony, Bruce Bishop, 1 p

J.      HB 3108, written testimony, Amanda Rich, 3 pp

K.    SB 1079, written testimony of Ted Hughes and Associates, staff, 1 p