SENATE COMMITTEE ON RULES

 

 

July 3, 2003                                                                                                             Hearing Room B

1:30 P.M.                                                                                                                     Tapes  80 - 81

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair, Presiding

Sen. Bev Clarno, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       SCR 7 – Public Hearing and Work Session

                                                HB 2378 – Public Hearing and Work Session

                                                Work Session – Consideration of legislative concepts for drafting and  

                                                           introduction

                                                SB 450 – Work Session

                                                SB 905 – Public Hearing

 

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 80, A

005

Sen. Clarno

Calls meeting to order at 1:36 PM. Opens public hearing on SCR 7.

SCR 7 PUBLIC HEARING

007

Sen. Avel Gordly

Senate District 23. Testifies in support of SCR 7, in memoriam of Charles Britton (Maxey) Maxey, 1917-2001. Introduces her colleague, Denise Peterson. Speaks on the impact of Mr. and Mrs. Maxey’s accomplishments on her family and her community. Notes Mr. Maxey’s involvement in the National Association for the Advancement of Colored People (NAACP). Provides personal account of her relationship with Mr. and Mrs. Maxey. Accounts for Mr. Maxey’s experiences during the Civil Rights movement. States pleasure in the fact that Mr. Maxey’s accomplishments have been documented by the Oregon Historical Society.

098

Denise Peterson

Assistant to Sen. Gordly. Testifies in support of SCR 7. Offers she has known Mr. Maxey personally for over forty years. Provides personal account of the relationship between the Maxey’s and the neighborhood.

119

Sen. Burdick

Asks if Sen. Gordly knows of a possible relative to Mr. Maxey.

126

Sen. Gordly

Responds she is unsure of the connection, but will inform her later.

130

Co-Chair Brown

Closes public hearing on SCR 7. Opens work session on SCR 7.

 

SCR 7 – WORK SESSION

132

Sen. Clarno

MOTION:  Moves SCR 7 be sent to the floor with a BE ADOPTED recommendation.

135

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. GORDLY will lead discussion on the floor.

139

Co-chair Brown

Closes work session on SCR 7. Opens public hearing on HB 2378.

HB 2378 – PUBLIC HEARING

142

Jim Stembridge

Committee Administrator. Summarizes HB 2378, which directs the Secretary of State to reimburse county clerks for expenses of conducting special election on a state measure on a date other than that of primary or general election. Notes -1 amendments to HB 2378 (EXHIBIT A).

147

Rep. Lane Shetterly

House District 23. Testifies in support of HB 2378. States provisions of the bill regarding primary and general elections. Notes he endorses the -1 amendments.  

165

Sen. Vicki Walker

Senate District 7. Testifies in support of HB 2378. Explains that SB 315 (2003) is included in the -1 amendments.

182

Sen. Burdick

Requests the vote on SB 315 in the Senate.

186

Sen. Walker

States it was unanimous.

192

Sen. Corcoran

Remarks.

198

Paul Snider

Association of Oregon Counties (AOC). Testifies in support of HB 2378. Understands that the county clerks do not oppose the bill.

212

Co-chair Brown

Closes public hearing and opens work session on HB 2378.

HB 2378 – WORK SESSION

216

Sen. Clarno

MOTION:  Moves to ADOPT HB 2378-1 amendments dated 6/26/03.

218

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

 

 

 

220

Sen. Clarno

MOTION:  Moves HB 2378 to the floor with a DO PASS AS AMENDED recommendation.

223

 

VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

224

Co-chair Brown

Closes work session on HB 2378. Opens work session on consideration of legislative concepts for drafting and introduction.

WORK SESSION

225

Co-chair Brown

MOTION: Moves HB 3319 as amended with the -2 amendments                                    

                   requested by staff, BE APPROVED FOR DRAFTING        

                   by Legislative Counsel and BE INTRODUCED as a

                   committee bill (EXHIBIT B).

232

 

VOTE:  4-0-2

EXCUSED:  2 – Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

239

Co-chair Brown

Closes work session. Opens work session on SB 450.

SB 450 – WORK SESSION

242

Sen. Burdick

Explains a past scenario aided by the bill, which directs the Secretary of State to contact a person filing argument for inclusion in voters’ pamphlet if the secretary believes the person made error in designating argument as supporting or opposing a state measure. Notes the -1 amendments (EXHIBIT C).

270

Co-chair Brown

Requests if Sen. Burdick knows of any opposition by the absent committee members.

273

Sen. Burdick

Negates.

275

Sen. Burdick

MOTION:  Moves to ADOPT SB 450-1 amendments dated 3/4/03.

278

 

VOTE:  4-0-2

EXCUSED:  2 – Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

280

Sen. Burdick

MOTION:  Moves SB 450 to the floor with a DO PASS AS AMENDED recommendation.

283

 

VOTE:  4-0-2

EXCUSED:  2 – Atkinson, Beyer

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

287

Sen. Corcoran

Remarks.

290

Co-chair Brown

Closes work session on SB 450. Opens public hearing on SB 905.

SB 905 – PUBLIC HEARING

293

Marjorie Taylor

Committee Administrator. Summarizes SB 905, which clarifies that modification of approved utility facility used to provide personal wireless services is not subject to subsequently enacted approval criteria.

299

John Powell

AT&T Wireless. Testifies in support of SB 905. Informs the committee of the reintroduction of the concepts of HB 2785 by SB 905. Reminds the committee of his position of retroactivity. Speaks on the issue of cell tower modification and land use. Believes the solution is statewide. Notes a forthcoming amendment from 1,000 Friends of Oregon. Overviews the bill by sections. Refers the committee to page three, section three to speak on governance of modifications.

387

Kevin Martin

Land use consultant, AT&T Wireless. Testifies in support of SB 905. Explains the two major issues set out by SB 905. Speaks on the costs of the facilities. Summarizes that the bill would simplify current actions, and notes that any changes would be subject to current rule.  

TAPE 81, A

027

Sen. Burdick

Voices concern that the measure is too broad and would have unintended consequences.  

040

Martin

Describes the modification of cell towers. Explains limitations and interference standards. Speaks on visual and structural issues regarding co-location.

061

Powell

Notes the bill was changed to include cities in the re-draft. Voices hope the League of Oregon Cities (LOC) and AT&T can work together on a resolution.

072

Sen. Burdick

Voices hope the workgroup extends to 1,000 Friends of Oregon.

074

Powell

Affirms 1,000 Friends will be included.

079

Co-chair Brown

States the bill will not have a work session today.

081

Dave Fiskum

T-Mobile. Testifies in support of SB 905. Notes T-Mobile would like to participate in the resolution.

097

Richard Kosesan

Verizon Wireless. Testifies in support of SB 905. Believes it addresses the issue of modification well. States Verizon also desires to be included in the group.

119

Brian DeLashmutt

Nextel Communications. Testifies in support of SB 905. Offers to be a part of the work group.

136

Randy Tucker

1,000 Friends of Oregon. Testifies in opposition to SB 905 (EXHIBIT D). Speaks on efforts to find a consensus. States 1,000 Friends will work with the proponents of the measure.

155

Sen. Corcoran

Refers to earlier testimony regarding switch out of towers. Asks if 1,000 Friends wishes to impose requirements for switch outs.

162

Tucker

Responds the wording was “additional tower.” States he will confirm the change with his colleagues.

175

David Barenberg

LOC. Testifies in opposition to SB 905. Believes cities did not realize the potential impact to them. States he is willing to work to come to a consensus.

192

Co-chair Brown

States desire for the parties to work together. Closes public hearing on SB 905. Adjourns meeting at 2:19 PM.

 

EXHIBIT SUMMARY

 

A – HB 2378, -1 amendments, Staff, 9 pp.

B – Legislative Concepts for drafting, Staff, 1 p

C – SB 450, -1 amendments, Staff, 2 pp.

D – SB 905, written testimony, Randy Tucker, 1 p