SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

January 22, 2001 Hearing Room B

8:00 a.m. Tapes 12 - 13

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Ryan Deckert

Sen. Bill Sen. Fisher

MEMBER EXCUSED:

STAFF PRESENT: Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

MEASURE/ISSUES HEARD: SB 308 Public Hearing

SB 309 Public Hearing

SB 311 Public Hearing

SB 314 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 12, A
007	Chair Messerle	Opens meeting at 8:02 Opens a work session on SB 311
SB 311- PUBLIC HEARING
		Staff distributes and summarizes SB 311
022	Chuck Craig	Deputy Director, Oregon Department of Agriculture. States that SB 311 is a reasonably straightforward bill that seeks to clean up the grain house law to eliminate an unnecessary license.
031	Lisa Hansen	Administrator, Commodity Inspection Division, Oregon Department of Agriculture. Testifies in support of SB 311. Identifies changes in law to meet current industry needs. Recommends that facilities storing certified alfalfa seed be removed from the licensing and bonding requirements of the Oregon law. Also recommends that the additional $75 license fee for those grain warehouses that store certified alfalfa seed be removed from the law as well. Recommends to amend SB 311 to remove certified alfalfa seed from the definition of grain on line 9 of the printed bill. Submits written testimony. (EXHIBITS A & B).
055	Chair Messerle	Asks for clarification of the Department’s request to amend SB 311.
057	Craig	States desired wording.
060	Mike Dewey	Testifies in support of SB 311 and requests changes in the amendments to remove the words, ”certified alfalfa seed” from line 9 of SB.311.
071	Jonathan Schlueter	Testifies in support of SB 311 and that the bill be approved and the amendments noted.
095	Chair Messerle	Closes hearing on SB 311. Opens hearing on SB 308.
SB 308 – PUBLIC HEARING
		Staff distributes and summarizes SB 308
115	Chuck Craig	Deputy Director, Oregon Department of Agriculture. Introduces Dr. Andrew Clark.
118	Andrew Clark	State Veterinarian, Oregon Department of Agriculture. Testifies in support of SB 308. States that this bill, from the aspect of health of the livestock industry is a good one. Submits written testimony. (EXHIBIT C).
146	Chair Messerle	Questions if this is possibly a ‘heads up’ of Mad Cow Disease and what we can do to prevent this type of spread of disease.
149	Clark	Responds that though it has nothing to do with Mad Cow Disease, it is a large livestock disease type of issue. Worth consideration, because of the devastating potential.
168	Chair Messerle	Noted that he had received written testimony from Oregon Pork Producers, and the Veterinary Medical Association supporting SB 308. Submits written testimony. (EXHIBITS D & E).
172	Glen Stonebrink	Strongly supports SB 308.
180	Chair Messerle	Closes hearing on SB 308. Opens hearing on SB 309.
SB 309 – PUBLIC HEARING
		Staff distributes and summarizes proposed SB 309
193	Dr. Clark	State Veterinarian, Oregon Department of Agriculture. Testifies in support of SB 309.
221	Sen. Beyer	Asks if bison are carriers of brucellosis and are if they are regulated by the Dept of Ag.
225	Clark	Responds that bison, do in fact have brucellosis, can be vaccinated against brucellosis, but current vaccine is not approved by the CFR, but only one we have. States that except for the bison in Yellowstone, where brucellosis is a significant problem, there is no disease in the domestic bison herds.
237	Chair Messerle	Asks if brucellosis was ever found in elk herds.
239	Clark	Responds that none is found in wild or domestic herds in Oregon, but in the Yellowstone area, Idaho and Wyoming.
245	Chair Messerle	As if this disease is transmitted to livestock.
246	Clark	Answers that it is possible to happen. But proof is scarce.
252	Sen. Fisher	Asks how it is transmitted.
254	Clark	States that the disease is transmitted by fetal fluids and explains how the organism is transmitted.
272	Dave Nelson	Oregon Dairy Farmers Association. Expresses support of passage of SB 309. Submits written testimony. (EXHIBIT F).
282	Glen Stonebrink	Testifies in support of SB 309.
288	Chair Messerle	Notes a letter from Oregon Veterinary Medical Association. Supporting SB 309. Closes hearing on SB 309. Opens hearing on SB 314. Submits written testimony. (EXHIBIT G).
SB 314 – PUBLIC HEARING
		Staff distributes and summarizes SB 314.
300	Chuck Craig	Deputy Director, Oregon Department of Agriculture. Introduces Dr. Clark to introduce purpose of SB 314.
302	Dr. Andrew Clark	State Veterinarian, Oregon Department of Agriculture. Testifies that SB 314 could be considered a housekeeping bill. Asking for the insertion of suspension to allow the deputyship of a practicing veterinarian to be withdrawn if the license is suspended rather than only if it is revoked. Submits written testimony. (EXHIBIT H).
335	Chair Messerle	Asks if there was ever an instance that it occurred.
340	Clark	Acknowledges this has happened and gives an example. Explains the difference between revoking and suspending license of veterinarians.
349	Sen. Fisher	Asks if a suspension could be judged incorrect, or is it an automatic thing from the board.
364	Clark	Not an action of the board, but an action subsequent to the board. If license is reinstated, then the veterinarian can be retrained rather than automatically reinstated.
378	Craig	Expands on explanation.
393	Sen. Fisher	Asks for clarification.
405	Craig	Sees it as someone’s license being suspended. Cannot serve as a deputy, if not licensed to practice veterinary medicine. The person involved has a few steps for an appeal opportunity.
422	Sen. Fisher	Asks if it is mandatory for retraining after suspension.
440	Clark	States that there are options available.
443	Chair Messerle	Asks for clarification. If the license is suspended, then person cannot act as a deputy veterinarian in their job, but they don’t have authority within the present law to discharge them.
449	Clark	Describes what happens to deputyship if license to practice is suspended.
Tape 13,A
015	Sen. Shields	Asks if they need additional training to really qualify for the deputyship, rather than having them automatically reinstated as a deputy.
021	Clark	Agrees.
023	Sen. Fisher	Questions licensing being in good standing. Stipulation of further training?
036	Chair Messerle	Asks for clarification regarding the option to reinstate or not.
040	Clark	Correct.
042	Sen. Fisher	Questions the right to get rid of someone without just cause.
042	Craig	Reiterates the information on page 2.
052	Clark	Contingency of deputyship, is that veterinarian be licensed to practice in the state. Many veterinarians are not deputized because they do not do the work in the disease control programs for which deputyship is required. It is a voluntary application on the part of the veterinarians, but contingent upon the veterinarian being licensed. Gives examples.
084	Chair Messerle	Asks how many deputies the department has.
084	Clark	Roughly 1,000 practicing veterinarians, and approximately, 820 deputized.
089	Sen. Fisher	Gives examples of written notice. Hearing is not required or allowed.
098	Clark	Explains that the state licensing board is required to consult with council to make sure every point in the process is covered
116	Sen. Fisher	Reads sections, Could be possible that suspension would not be just.
131	Chair Messerle	Asks Dr. Clark to clarify and return for a hearing and work session. Clarify administrative rule or how it could be handled. Written testimony from Veterinary Medical Examining Board in support of SB 314. ( EXHIBIT I).
135	Clark	Answers that they will do that and suggests that some amendments may be necessary to address Sen. Fisher ’s concerns.
137	Chair Messerle	Asks that if amendments are forthcoming, notify the committee so it won’t be put on the schedule until the committee gets the amendments. Submits written testimony from Oregon Veterinary Medical Association in support of SB 314. (EXHIBIT J).
141	Sen. Fisher	Asks that the word suspension be added to amendment, as well as revocation.
160	Chair Messerle	Asks if after all appeal processes are exhausted, when would a suspension take place.
174	Clark	Responds that deputyship is contingent on an active license. Will examine that process.
188	Sen. Fisher	Asks if it were shown that a suspension was not proper would that person be permitted to return to a deputyship.
208	Clark	Believes that this is the final action of suspension. States that he would like to research before answering more fully.
231	Sen. Fisher	Asks if they have the right to suspend a person, or to revoke the license for someone to be a deputy veterinarian without going through the board; showing they have not done what they were supposed to do, or in violation of some of your laws or the violation of the veterinarian code?
250	Clark	States that in 596.250 there are 11 sub paragraphs of reasons for revocation. Only the revocation of deputyship. Others that are dependent on breaking laws, incompetence, or irresponsibility.
263	Sen. Fisher	Go to the board? If a license was revoked for some reason, would this get them in trouble with the board also?
271	Clark	Responds that they would be in trouble, but not necessarily lose license.
278	Chair Messerle	Foresees this as an opportunity for suspension immediately. If you were aware of a situation according to law, you can deal with it immediately, instead of waiting for it to go through the hearing process.
300	Sen. Fisher	Suggests change on page 1 line 7, to add ‘suspend or revoke.’
312	Chair Messerle	Suggests that Dr. Clark and legal council meet with Sen. Fisher and work things out. Meeting adjourned 8:50 a.m.

Submitted By, Reviewed By,

Cheryl Young, Jennifer Solomon,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 311, written testimony, Lisa Hanson, 1p

B – SB 311, written testimony, Charles Craig, & Lisa Hanson, 1p

C –SB 308, written testimony, C. Craig & Dr. Andrew Clark, 1p

D –SB 308, written testimony, submitted on behalf of the Oregon Pork Producers, 1p

E - SB 308, written testimony, submitted on behalf of the Oregon Veterinary Medical Assoc., 1p

F –SB 309, written testimony, Dave Nelson & Glen Stonebrink, 1p

G –SB 309, written testimony on behalf of the Oregon Veterinary Medical Assoc., 1p

H –SB 314, written testimony, Charles Craig & Dr. Andrew Clark, 1p

I – SB 314, written testimony on behalf of the Veterinary Medical Examining Board, 1p

J – SB 314, written testimony on behalf of the Oregon Veterinary Medical Assoc. , 1p