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