Legislature(1995 - 1996)
04/19/1996 09:55 AM House FSH
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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