Legislature(1995 - 1996)

04/19/1996 09:55 AM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                         April 19, 1996                                        
                           9:55 a.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Alan Austerman, Chairman                                       
 Representative Carl Moses, Vice Chairman                                      
 Representative Scott Ogan                                                     
 Representative Gary Davis                                                     
 Representative Kim Elton                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members were present.                                                     
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 GOVERNOR'S APPOINTMENTS TO BOARD OF FISHERIES:  GRANT MILLER, DAN             
 COFFEY AND VIRGIL UMPHENOUR                                                   
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 Hearing continued from April 18, 1996.                                        
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 None.                                                                         
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-20, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN ALAN AUSTERMAN reconvened the House Special Committee on             
 Fisheries meeting at 9:55 a.m.  All members were present at the               
 call to order.                                                                
                                                                               
 CHAIRMAN AUSTERMAN noted there was a motion on the floor by                   
 Representative Elton the previous day that Chairman Austerman had             
 ruled out of order.  In checking with Legislative Legal Services,             
 he found that Representative Elton's motion was correct.  He asked            
 Representative Elton to restate the motion.                                   
                                                                               
 Number 0016                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON moved that the name of Virgil Umphenour be           
 reported out of committee with a recommendation to confirm him to             
 the Board of Fisheries.  He recommended a "no" vote.                          
                                                                               
 REPRESENTATIVE DAVIS objected and said he preferred the standard              
 motion.  "I think they should go the full board unbiased and have             
 discussion on the floor," he said.                                            
                                                                               
 REPRESENTATIVE CARL MOSES asked why, if there were no                         
 recommendations submitted, the committee holds these confirmation             
 hearings.                                                                     
                                                                               
 REPRESENTATIVE DAVIS said there was discussion at the joint                   
 session.  He indicated committee minutes were also available.                 
                                                                               
 Number 0060                                                                   
                                                                               
 REPRESENTATIVE MOSES stated, "Normally, I take the attitude of, no            
 matter who's governor, I'm inclined to go along with his                      
 appointments, because he has to live with them, work with them and            
 defend them.  In the particular case of Virgil Umphenour, he                  
 borderline outright lied to me last night, and I don't appreciate             
 it.  I have people that would give a deposition as to what he has             
 been saying.  And he has a personal vendetta and is not a good                
 board member with the attitude he has and his personal agenda on              
 that board.  So, I'd like to go on record ... that he not be                  
 confirmed."                                                                   
                                                                               
 Number 0079                                                                   
                                                                               
 REPRESENTATIVE ELTON indicated agreement for different reasons.               
 The committee had heard testimony from both board members and the             
 public, and he thought it was important to indicate opinions on               
 potential members, especially for someone serving in one of the               
 more important posts.  One reason he decided to go this route                 
 rather than the standard one, he said, was because of a                       
 confirmation the previous year, when he would have liked to have              
 known the thoughts of the committee that heard testimony.  This               
 method also allowed committee members to explain their reasons in             
 committee, without having to do so on the floor.                              
                                                                               
 CHAIRMAN AUSTERMAN asked for a roll call vote.                                
                                                                               
 Number 0112                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if three members voted no, whether that             
 meant Virgil Umphenour's name was not passed out of committee.                
                                                                               
 CHAIRMAN AUSTERMAN explained, "If you don't feel you want to send             
 a message ... or pass out of here that we're confirming Virgil,               
 then you would vote no.  If you want to pass this out with a                  
 positive vote that you want to confirm Virgil, you vote yes."                 
                                                                               
 REPRESENTATIVE OGAN asked if Mr. Umphenour's name would be on the             
 floor for confirmation, regardless of the outcome.                            
                                                                               
 CHAIRMAN AUSTERMAN affirmed that.                                             
                                                                               
 REPRESENTATIVE OGAN said he would abstain.                                    
                                                                               
 Voting against the motion to recommend confirmation of Virgil                 
 Umphenour were Representatives Elton, Davis, Moses and Austerman.             
 Voting for it, after all, was Representative Ogan.  So, the motion            
 failed, 4-1.                                                                  
                                                                               
 Number 0138                                                                   
                                                                               
 REPRESENTATIVE ELTON moved that the name of Grant Miller be                   
 reported out of committee with a recommendation that he be                    
 confirmed to the Board of Fisheries.                                          
                                                                               
 REPRESENTATIVE DAVIS objected.                                                
                                                                               
 CHAIRMAN AUSTERMAN clarified that the motion regarding Virgil                 
 Umphenour would be called Motion 1, with the motion regarding Grant           
 Miller being Motion 2.                                                        
                                                                               
 Number 0152                                                                   
                                                                               
 REPRESENTATIVE DAVIS stated his preference to have a standard                 
 motion.                                                                       
                                                                               
 REPRESENTATIVE OGAN asked whether, if not recommended, the name               
 would still be forwarded and asked if he could abstain from voting.           
                                                                               
 CHAIRMAN AUSTERMAN indicated the latter was up to Representative              
 Ogan.  He asked if there was further discussion.                              
                                                                               
 REPRESENTATIVE DAVIS withdrew his objection.                                  
                                                                               
 CHAIRMAN AUSTERMAN asked if there was further objection.  There               
 being none, he noted that Motion 2, to recommend confirmation of              
 Grant Miller, passed.                                                         
                                                                               
 Number 0175                                                                   
                                                                               
 REPRESENTATIVE ELTON moved that the name of Dan Coffey be reported            
 out of committee with a recommendation that he be confirmed to the            
 Board of Fisheries.  He recommended a "no" vote.                              
                                                                               
 CHAIRMAN AUSTERMAN noted that was Motion 3.                                   
                                                                               
 REPRESENTATIVE OGAN objected.                                                 
                                                                               
 CHAIRMAN AUSTERMAN asked if there was discussion and requested a              
 roll call vote.  Voting for the motion to recommend confirmation of           
 Dan Coffey were Representatives Ogan, Moses and Austerman.  Voting            
 against it were Representatives Davis and Elton.  So, the motion              
 passed, 3-2.                                                                  
                                                                               
 Number 0193                                                                   
                                                                               
 REPRESENTATIVE ELTON moved that the committee forward the three               
 names to the full body with the attached motions.                             
                                                                               
 REPRESENTATIVE DAVIS objected and suggested Mr. Miller, at least,             
 had already been addressed.                                                   
                                                                               
 CHAIRMAN AUSTERMAN explained that the committee forwarded its                 
 recommendations to the full body.  The motions that had passed or             
 failed would be attached as part of the record and forwarded, as              
 well.                                                                         
                                                                               
 Number 0208                                                                   
                                                                               
 REPRESENTATIVE ELTON withdrew his motion and restated it.  He moved           
 that the committee forward to the full body its recommendations on            
 the three nominees.                                                           
                                                                               
 REPRESENTATIVE DAVIS stated his votes were no reflection on how he            
 might vote on the floor.  He said he had thought these motions                
 would take the place of any others.                                           
                                                                               
 REPRESENTATIVE OGAN indicated that since Representative Davis did             
 not understand what he was voting on, he wanted to vote again.                
                                                                               
 CHAIRMAN AUSTERMAN clarified that the motions were a matter of                
 statement.                                                                    
                                                                               
 REPRESENTATIVE DAVIS indicated that was not his understanding.                
                                                                               
 Number 0251                                                                   
                                                                               
 CHAIRMAN AUSTERMAN noted that the motion to forward the                       
 recommendations still stood.  He asked whether Representative Ogan            
 was comfortable with his votes on the motions.                                
                                                                               
 REPRESENTATIVE OGAN replied, "I'm comfortable with my votes.  I'm             
 not comfortable with the fact that we didn't vote on Miller, and I            
 regret that I didn't object to the motion."  He said he wanted to             
 do it uniformly.                                                              
                                                                               
 REPRESENTATIVE ELTON withdrew his motion.  He then moved to rescind           
 the action on Motion 2, regarding Grant Miller.  There being no               
 objection, it was so ordered.                                                 
                                                                               
 CHAIRMAN AUSTERMAN noted that the original Motion 2 was before the            
 committee.  He asked if there was discussion and requested a roll             
 call vote.  Voting for the motion to recommend confirmation of                
 Grant Miller were Representatives Elton, Davis, Moses and                     
 Austerman.  Voting against the motion was Representative Ogan.  So,           
 it passed, 4-1.                                                               
                                                                               
 Number 0277                                                                   
                                                                               
 REPRESENTATIVE ELTON made a motion to forward the recommendations             
 to the joint session with the attached motions.  There being no               
 objection, the names of Grant Miller, Dan Coffey and Virgil                   
 Umphenour were forwarded with the attached motions reflecting the             
 committee's opinions.                                                         
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN AUSTERMAN                
 thanked the members and adjourned the House Special Committee on              
 Fisheries meeting at 10:14 a.m.                                               
                                                                               

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