SENATE COMMITTEE ON RULES

August 20, 2003 Hearing Room B

1:30 PM Tapes 122 - 123

MEMBERS PRESENT: Sen. Roger Beyer, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Bill Fisher

VISITING MEMBER: President Courtney

MEMBER EXCUSED: Sen. Tony Corcoran

STAFF PRESENT: Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

MEASURES HEARD: Executive Appointment

State Fish and Wildlife Commission

Carter Kerns

HB 3264A – Work Session

Executive Appointments (appearances waived)

Public Utility Commission

Ray Baum

John Savage

State Board of Psychologist Examiners

Benson Schaeffer

Terrel Templeman

Maryann Yelnosky

James Peterson

Electrical and Elevator Board

Sara Medlock

Bruce Soihr

Lowell Arno

Sustainability Board

Deborah Kane

Board of Examiners of Nursing Home Administrators

George Gerding

Oregon Student Assistance Commission

Patrick Edvalson

Jesse Lohrke

Caspar Sharples

Psychiatric Security Review Board

Cliff Johannsen

Oregon State Lottery Commission

Stan Robson

Appraiser Certification and Licensure Board

Terry Bernhardt

Tri-Met Board

Bob Williams

Oregon Board of Accountancy

Anastasia Meisner

Board of Naturopathic Examiners

Rick Marinelli

Michael Reed

Gregory Garcia

HB 3264 – Work Session

SB 938 – Public Hearing and Work Session

HB 3653A – Public Hearing and Work Session

HB 3597B – Public Hearing and Work Session

SCR 9 – 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 122, A
003	Co-chair Beyer	Calls meeting to order at 1:38 PM. Opens public hearing - Executive Appointment of Carter Kerns.
EXECUTIVE APPOINTMENT
010	Carter Kerns	Governor’s Appointee to the State Fish and Wildlife Commission. Introduces himself.
014	Sen. Brown	Requests Mr. Kerns speak on where he resides and provide employment history.
016	Kerns	Provides background on residence, education, and employment.
049	Sen. Brown	Asks what his interest in serving on the commission is.
052	Kerns	Offers he has been a lifelong gamesman, and indicates he was requested to serve by the Governor.
067	Sen. Fisher	Requests Mr. Kerns describe his involvement with Granite Creek.
069	Kerns	Explains his ownership and involvement. Provides location. Notes it is a prime spawning ground for salmon steelhead in the state. Mentions Oregon Department of Fish and Wildlife requested to lease it. Offers findings on the annual study conducted by the department on his property.
108	Co-chair Beyer	Requests Mr. Kerns discuss state involvement in matters of private property.
111	Kerns	Thinks that if a property owner has the opportunity to improve a wildlife habitat, involvement should be encouraged.
120	Co-chair Beyer	Requests position on damage to private property during the process.
125	Kerns	Thinks compensation for property owners deserves consideration.
140	Co-chair Beyer	Recesses public hearing on Executive Appointment. Opens work session on HB 3264A.
HB 3264A – WORK SESSION
144	Judith Callens	Committee Administrator. Summarizes HB 3264A, which provides that State Forester does not approve plans for forestry operations. Notes -A7 amendments (EXHIBIT A).
160	Sen. Atkinson	MOTION: Moves to ADOPT HB 3264A-A7 amendments dated 8/19/03.
163		VOTE: 4-0-2 EXCUSED: 2 - Corcoran, Brown
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
166	Sen. Atkinson	MOTION: Moves HB 3264A to the floor with a DO PASS AS AMENDED recommendation.
169		VOTE: 4-1-2 AYE: 4 - Atkinson, Fisher, Beyer, President Courtney NAY: 1 - Burdick EXCUSED: 2 - Corcoran, Brown
	Co-chair Beyer	The motion CARRIES. SEN. BEYER will lead discussion on the floor.
174	Co-chair Beyer	Closes work session on HB 3264A. Reopens public hearing on executive appointment.
EXECUTIVE APPOINTMENT – PUBLIC HEARING
176	Co-chair Beyer	Asks what kind of guidance the commission should give the agency.
178	Kerns	Responds with his beliefs and interpretation of the position of commissioner.
219	Co-chair Beyer	Asks if the commission is responsible for how the agency spends its funds and for oversight.
222	Kerns	Affirms and states belief the commission is responsible for oversight. Adds the monthly report conducted is also the concern of the commission.
231	Co-chair Beyer	Requests actions Mr. Kerns would take if the commission fell into debt.
236	Kerns	Discusses actions. Believes debt by the commission is unacceptable and unnecessary.
245	Co-chair Beyer	Inquires about the role between the commission and the Legislature.
247	Kerns	Identifies the involvement of the Legislature in setting policy and overseeing the commission. Submits that the relationship between legislators and the commissioners is important.
262	Co-chair Beyer	Requests Mr. Kerns’s view of legislative intent.
270	Kerns	Responds it is important to discuss the matter in question with the drafters.
281	Co-chair Beyer	Recalls a statement Mr. Kerns made earlier with regard to the 2001 Legislature’s treatment of the department.
284	Kerns	Provides an example of parental guidance to illustrate the issue. Comments that the outlook and temperament of employees is important.
305	Sen. Fisher	Speaks on his observations of the commission. Voices frustration with commission and department rules being stringent and inflexible. States it is disconcerting and asks if Mr. Kerns would be more apt to consider temporary rules and regulations. Requests comment.
342	Kerns	Agrees with the viewpoint of Sen. Fisher. States he is more flexible in this respect and more willing to work with those affected by the rule.
369	Co-chair Beyer	Recalls the Governor’s request for Mr. Kerns to serve. Inquires as to the importance of the Governor’s agenda versus the opinions of others.
377	Kerns	Speaks on his relationship with the Governor and with the Legislature. Thinks it is likely for the Governor to request the opinion of others.
397	Co-chair Beyer	Asks which opinion carries the greatest weight: the Governor’s, the peoples’ or the Legislature’s.
400	Kerns	Responds it resides mostly with the people, but adds he would desire to understand the Governor’s dissention with the feelings of the public and the Legislature.
TAPE 123, A
006	Co-chair Beyer	Asks what the largest staff he has managed is.
010	Kerns	Answers only a few people. Adds he does not intend to micromanage.
013	Co-chair Beyer	Requests Mr. Kerns’s opinion on the issue of bears and cougars.
016	Kerns	Thinks they should reintroduce hunting with hounds for bears and cougars. Voices concern the growing population has endangered hunters and for the potential of a “tax on humans by cougars.” Believes it is “a matter of time” before a person is killed by a cougar. Voices strong support for hunting with hounds.
038	Co-chair Beyer	Requests opinion on trapping.
040	Kerns	States he is very supportive of trapping.
043	Co-chair Beyer	Speaks on the issue of checking traps. Requests comment.
047	Kerns	Believes a rule enforcing the checking of traps is unenforceable. Thinks hunters will, and already, check traps often. Expresses surprise that a rule would need to be instituted.
060	Co-chair Beyer	Closes public hearing on Executive Appointment. Opens work session on Executive Appointments.
WORK SESSION
064	Sen. Fisher	Asks if the votes will be individual.
072	Sen. Atkinson	Calls attention to the en bloc motion.
073	Sen. Atkinson	MOTION: Moves that the appearances be waived and that the committee recommend that the following appointments and reappointments be confirmed by the Senate, with multiple appointments made to a single board or commission to be considered en bloc:
STATE BOARD OF PSYCHOLOGIST EXAMINERS – APPOINTMENT OF BENSON SCHAEFFER, TERREL TEMPLEMAN, MARYANN YELNOSKY (EXHIBIT B)
ELECTRICAL AND ELEVATOR BOARD – APPOINTMENT OF LOWELL ARNO AND BRUCE SOIHR, AND REAPPOINTMENT OF SARA MEDLOCK (EXHIBIT C)
SUSTAINABILITY BOARD – APPOINTMENT OF DEBORAH KANE (EXHIBIT D)
BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS – APPOINTMENT OF GEORGE GERDING (EXHIBIT E)
OREGON STUDENT ASSISTANCE COMMISSION – APPOINTMENT OF PATRICK EDVALSON AND JESSE LOHRKE, AND REAPPOINTMENT OF CASPAR SHARPLES (EXHIBIT F)
PSYCHIATRIC SECURITY REVIEW BOARD – REAPPOINTMENT OF CLIFF JOHANNSEN (EXHIBIT G)
OREGON STATE LOTTERY COMMISSION – APPOINTMENT OF STAN ROBSON (EXHIBIT H)
APPRAISER CERTIFICATION AND LICENSURE BOARD – REAPPOINTMENT OF TERRY BERNHARDT (EXHIBIT I)
TRI-MET BOARD – APPOINTMENT OF BOB WILLIAMS (EXHIBIT J)
OREGON BOARD OF ACCOUNTANCY – APPOINTMENT OF ANASTASIA MEISNER (EXHIBIT K)
BOARD OF NATUROPATHIC EXAMINERS – APPOINTMENT OF RICK MARINELLI, AND REAPPOINTMENT OF GREGORY GARCIA AND MICHAEL REED (EXHIBIT L)
075	Jim Stembridge	Committee Administrator. Informs the names are published in the agenda.
086	Sen. Fisher	Declares a potential conflict of interest due to involvement with the Board of Examiners of Nursing Home Administrators.
089		VOTE: 4-0-2 EXCUSED: 2 - Corcoran, Brown
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
091	Sen. Atkinson	MOTION: Moves that the appearances be waived and that the committee recommend that the following appointments and reappointments be confirmed by the Senate:
PUBLIC UTILITY COMMISSION – APPOINTMENT OF RAY BAUM, AND REAPPOINTMENT OF JOHN SAVAGE
096		VOTE: 4-0-2 EXCUSED: 2 - Corcoran, Brown
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor.
098	Sen. Atkinson	MOTION: Moves that the appearances be waived and that the committee recommend that the following appointment be confirmed by the Senate:
STATE FISH AND WILDLIFE COMMISSION – APPOINTMENT OF CARTER KERNS (EXHIBIT M)
103	Sen. Fisher	Remarks positively on the appointment of Mr. Kerns.
112		VOTE: 4-0-2 EXCUSED: 2 - Corcoran, Brown
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. FISHER will lead discussion on the floor.
117	Co-chair Beyer	Closes work session on executive appointments. Opens public hearing on SB 938.
SB 938 – PUBLIC HEARING
120	Marjorie Taylor	Committee Administrator. Summarizes SB 938, which specifies that modification of approved utility facility used to provide personal wireless services is not subject to subsequently enacted approval criteria. Notes -4 amendments (EXHIBIT N).
130	John Powell	AT&T Wireless. Testifies in support of SB 938. Introduces his colleagues. Explains the intent of the measure. Explains the limitations provided by the bill. Thinks all concerns have been addressed.
190	Kevin Martin	Land-use planner. Introduces himself.
193	Gary Bauer	Northwest Natural. Recommends a change to the amendment and lists concerns.
201	Sen. Atkinson	Asks if a cell tower can be placed on a radio tower.
203	Martin	Acknowledges it can be and the circumstances required.
205	Sen. Atkinson	Poses question regarding FM towers.
209	Martin	Responds with the structural problems with placing cell towers on FM towers.
211	Sen. Atkinson	Asks if it could be done by the bill.
214	Martin	Responds he does not believe radio towers fall under the categories provided by the bill.
219	Sen. Atkinson	Asks when Global System for Mobile (GSM) telecommunications digital will be implemented.
224	Martin	Replies that it depends on who the carrier is. Offers that AT&T Wireless is in process of implementation.
230	Sen. Atkinson	Clarifies there is no timeline.
232	Martin	Responds he is not privy to the information.
244	Brown	Notes League of Oregon Cities (LOC) and 1,000 Friends of Oregon remain opposed to the bill. Requests comment on efforts to agree.
250	Powell	Explains limitations in the bill were appended to address the concerns of the opposing parties. Lists a height restriction, a footprint limited to 500 square feet, and a sunset on the bill as examples of the limitations.
272	Martin	Speaks on 1,000 Friends wishes to decrease effect on farmland. Explains reasoning behind the limitation.
285	Sen. Atkinson	Poses question concerning ground radials for cell towers. Asks if they have to be painted.
290	Martin	Answers concerning painting.
295	Sen. Atkinson	Confirms federal law.
300	Fisher	Clarifies aerial spray concerns by 1,000 Friends of Oregon.
305	Powell	Offers aerial sprayers could be brought to testify who would not have concern with the towers.
315	Dave Barrenberg	LOC. Testifies in support of SB 938. Acknowledges that Mr. Powell addressed LOC concerns in the amendments.
333	Art Schlack	Association of Oregon Counties (AOC). Testifies in opposition to SB 938. States AOC continues to take issue with the bill. Indicates the encouragement for co-location of towers. Voices concern for increase in heights of towers.
373	Sen. Atkinson	Asks if Lane County would be better off with GSM coverage and if the bill could provide it sooner.
376	Schlack	Affirms GSM coverage would be beneficial, but adds he does not feel the bill will bring about the changes more expeditiously.
381	Phil Donovan	Speaks on behalf of 1,000 Friends of Oregon. Testifies in opposition to SB 938. Voices opposition to definition of increase in the height of the towers and should be considered on a case-by-case basis.
TAPE 122, B
009	Sen. Atkinson	Asks if he would want his cell phone to operate were he in a car accident in a rural area.
010	Donovan	Affirms.
011	Sen. Atkinson	Voices interest in expanding coverage in Eastern Oregon. Speaks on the need for digital technology.
019	Sen. Brown	Speaks on her experience in China. Requests further reason behind the concern.
026	Donovan	Responds with the stance on the bill, and adds there should be a more public process. Recognizes the proponents’ work on the concerns.
037	Schlack	Speaks on the conditional use permit process. Notes the issue is of height increase and modification.
061	Co-chair Beyer	Closes public hearing and opens work session on SB 938.
SB 938 – WORK SESSION
064	Sen. Fisher	Comments on towers in his district. Concludes the towers are not offensive.
068	Sen. Fisher	MOTION: Moves to ADOPT SB 938-4 amendments dated 8/20/03.
070	Sen. Brown	Comments.
074		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
076	Sen. Fisher	MOTION: Moves SB 938 to the floor with a DO PASS AS AMENDED recommendation.
078		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. FISHER will lead discussion on the floor.
079	Co-chair Beyer	Closes work session on SB 938. Opens work session on HB 3653
HB 3653A – WORK SESSION
084	Marjorie Taylor	Committee Administrator. Summarizes HB 3653A, which abolishes Oregon Health Council. Notes –A2 amendments (EXHIBIT O).
094	Sen. Brown	Understands Dr. Goldberg is in support of the bill.
097	Sen. Brown	MOTION: Moves to ADOPT HB 3653A-A2 amendments dated 8/15/03.
098		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED.
105	Sen. Brown	MOTION: Moves HB 3653A to the floor with a DO PASS AS AMENDED recommendation.
108		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. BROWN will lead discussion on the floor.
109	Co-chair Beyer	Closes work session on HB 3653A. Opens work session on HB 3597B.
HB 3597B – WORK SESSION
110	Jim Stembridge	Committee Administrator. Summarizes HB 3597B, which suspends activities of Capitol Planning Commission for biennium beginning July 1, 2003.
116	Sen. Brown	MOTION: Moves HB 3597B to the floor with a DO PASS recommendation.
117	Sen. Brown	Notes she is opposed to the concept, but will support due to budgetary constraints.
120	Sen. Atkinson	States disapproval of the bill. Speaks on the condition of the capitol. Speaks on maintenance of the mall facility. Speaks on his future intent.
134		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor.
137	Co-chair Beyer	Closes work session on HB 3597B. Opens public hearing on SCR 9.
SCR 9 – PUBLIC HEARING
138	Co-chair Beyer	Closes public hearing and opens work session on SCR 9.
SCR 9 – WORK SESSION
142	Sen. Brown	MOTION: Moves SCR 9 be sent to the floor with a BE ADOPTED recommendation.
145	Co-chair Beyer	Speaks on the life of Charles O. Fredrickson.
150		VOTE: 4-0-2 EXCUSED: 2 - Burdick, Corcoran
	Co-chair Beyer	Hearing no objection, declares the motion CARRIED. SEN. WINTERS will lead discussion on the floor.
160	Co-chair Beyer	Closes work session on SCR 9. Adjourns meeting at 2:44 PM.

EXHIBIT SUMMARY

A – HB 3264A, -A7 amendments (8/19/03), staff, 27 pp.

B – State Board of Psychologist Examiners, staff and Governor’s office, 20 pp.

C – Electrical and Elevator Board, staff and Governor’s office, 15 pp.

D – Sustainability Board, staff and Governor’s office, 7 pp.

E – Board of Examiners of Nursing Home Administrators, staff and Governor’s office, 10 pp.

F – Oregon Student Assistance Commission, staff and Governor’s office, 27 pp.

G – Psychiatric Security Review Board, staff and Governor’s office, 9 pp.

H – Oregon State Lottery Commission, staff and Governor’s office, 9 pp.

I – Appraiser Certification and Licensure Board, staff and Governor’s office, 5 pp.

J – Tri-Met Board, staff and Governor’s office, 5 pp.

K – Oregon Board of Accountancy, staff and Governor’s office, 9 pp.

L – Board of Naturopathic Examiners, staff and Governor’s office, 22 pp.

M – State Fish and Wildlife Commission, staff and Governor’s office, 9 pp.

N – SB 938, -4 amendments (8/20/03), staff, 12 pp.

O – HB 3653A, -A2 amendments (8/15/03), staff, 1 p