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.