SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

March 09, 2001   Hearing Room B

8:00 AM Tapes  54 - 56

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

 

VISITING MEMBER:

                                                Sen. Joan Dukes

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 517 – Work Session

SB 943 – 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 54, A

005

Chair Messerle

Opens meeting at 8:05 a.m.

SB 517 – WORK SESSION

007

Judith Callens

Committee Administrator.  Presents bill.

021

Chair Messerle

Refers to the notes that Sen. Dukes sent suggesting amendments. States that if a separate fee or separate license needs to be added it can be done in the future. States he would like to move the bill out today.

033

Vice-chair Shields

Asks the Chair if Sen. Dukes is more concerned about using the money to benefit that fishery, and to also track the money.

038

Chair Messerle

Notes his concern that the cost of administering the extra license and special fee would be significant.  It could be added to it to the bill at a later date.

043

Vice-chair Shields

Notes that some merchants on the coast are concerned about their businesses. If it were to go on the bill we need to get something to help that particular fishery.  Is unsure of the increased costs.


 

052

Chair Messerle

Predicts increased administrative costs and printing charges for a separate license.

057

Sen. R. Beyer

Acknowledges Vice-chair Shields’ concern but doesn’t know what it would do.  Need to know what money will be generated.

072

Sen. Deckert

Suggests the Department could take this into account and return in two years with more information.

080

Sen. Beyer, R

MOTION:  Moves SB 517 to the floor with a DO PASS recommendation.

081

Sen. Fisher

Asks for clarification on some of the charges.

089

Callens

Clarifies cost of licenses.

096

Sen. R. Beyer

Defines shellfish as species you must have a license to take.  One-day license is $6.50.

101

Sen. Fisher

Asks about the increase in the new license fee.

105

Chair Messerle

Asks staff to clarify this point.

116

Kay Brown

Oregon Department of Fish and Wildlife. Clarifies license fees.

128

Sen. Fisher

Expresses confusion about costs noted in several sections of the bill.

139

Brown

Explains the different charges on the licenses.

149

Chair Messerle

Notes that this bill doesn’t alter the other statutes on cost of license.

155

Sen. Dukes

License fees are not new.  Discusses funding needed for resources.  Discusses tracking the income from the licenses. Suggests making this a separate license to harvest shellfish.

234

Sen. Fisher

Notes that he has always opposed this bill. Asks how it will be monitored. 

247

Brown

Replies.

258

Sen. R. Beyer

Responds to Sen. Dukes’ comments.

298

Chair Messerle

Notes to Sen. Dukes that he will carry it forward to Ways and Means and put some budget notes in.

303

Sen. Dukes

States that she can’t see how to track it if it is not a separate license. 

322

Chair Messerle

Notes that he has some out-of-state folks coming to the coast to participate in these activities.

330

Vice-chair Shields

Asks why Washington’s fishery is so much better than Oregon’s.

335

Brown

Answers.

341

Vice-chair Shields

Notes that levying this fee might raise money, but asks if there is a way to tell where the licenses were bought.

366

Chair Messerle

Notes you can track by the address on the license.

371

Brown

Agrees.

377

Chair Messerle

Notes it would not be an exact figure, but could get an indication of increased activity.

381

Sen. Atkinson

Notes that when purchasing a license, you go through a series of questions. Asks if there is a way to put another check off for shellfish on the list of questions.

410

Brown

Responds.

421

Sen. Atkinson

Asks for a cost analysis.

425

Brown

Describes.

433

Sen. Atkinson

States he is curious about the estimates made in the first year.

440

Sen. Deckert

Probably could derive revenue the same as other western states, and suggests revisiting in two years based on this discussion.

462

Sen. Fisher

Refers to Sen. Atkinson’s comments about answering questions when purchasing licenses. Notes that nothing has been said about policing this.

TAPE 55, A

023

Sen. R. Beyer

Notes that many new daily licenses will be sold by vendors without computers, and asks if another box can be put on these license forms to check, thereby tracking it through the daily license.

031

Brown

Replies.

034

 

VOTE:  5-2

AYE:               5 – Atkinson, Beyer R, Burdick, Deckert, Messerle

NAY:               2 – Fisher, Shields

 

Chair Messerle

The motion CARRIES.

SEN. BEYER, R. will lead discussion on the floor.

040

Chair Messerle

Closes work session on SB 517.  Opens public hearing on SB 943.

SB 943 - PUBLIC HEARING

043

Callens

Summarizes SB 943.

064

John Schoon

Former State Representative. Testifies in opposition.  Submits written testimony (EXHIBITS A, B).

119

Phil Olson

Citizen. Testifies in opposition.  Refers to submitted written testimony (EXHIBIT C).

238

Gretchen Olson

Citizen.  Testifies in opposition to bill as written.

268

Sen. Burdick

Asks if a look-back provides a cap of 3 percent, how would the commission justify a 1.5 percent cap.

275

P. Olson

Replies.

298

Sen. Burdick

Asks about revenue impact.

303

P. Olson

Replies.

300

Chair Messerle

Summarizes that Mr. Olson is in support of the bill except for the 3-year average.

352

David Gatti

CFO of RainSweet and RS Growers.  Testifies in opposition to SB 943 as written. Recommends amendment.

TAPE 54, B

010

Bryan Ostland

Administrator for four of Oregon’s Commodity Commissions. Testifies in support of bill. 

081

Chair Messerle

Asks if the processor or the purchaser or the commission pays the assessment.

085

Ostland

Responds

089

Chair Messerle

Asks if the administrative costs will be a burden to the commission.

092

Ostland

Responds and clarifies.

101

Gatti

Responds further.

114

Ostland

Responds further.

120

Sen. Burdick

Asks Mr. Ostland for clarification regarding his support of the basic bill and problems with the amendment.

123

Ostland

Responds

126

Chair Messerle

Notes that the amendments basically take away the three-year average.

128

Ostland

Answers.

135

Chair Messerle

Asks how he assesses direct sales.

136

Ostland

Responds.

142

Alan Jesse

Blueberry grower. Testifies in support of the bill.

173

Marlin Rasmussen

Dairy farmer, Chair of Oregon Dairy Products Commission.  Testifies in support of the bill.

219

Sen. Fisher

Asks if the blueberries are much different than the average grass seed.

233

Jesse

Elaborates.

245

Sen. Fisher

Asks if there are any complaints about different prices within the system.

254

Jesse

Responds.

265

Sen. Fisher

Comments that it must be tough for those who sell for less.

270

Jesse

Responds.

283

Sheldon Pratt

Administrator of Dairy Products Commission.  Testifies in support of the bill. Bill provides for continuation of system.

343

Chair Messerle

Asks if he would have any difficulty with the removal of the 3-year average.

346

Pratt

Replies.

359

Paul Coussens

Oregon Blueberry Commission. Speaks in support of the bill.

400

Ralph Fisher

Chair, Oregon Tall and Fine Fescue Commission. Testifies in support and submits written testimony (EXHIBIT D).

449

Dave Nelson

Administrator, Oregon Tall and Fine Fescue Commission. Speaks in support of the bill.  

TAPE 55, B

022

Dave Brazelton

Grower, past President Oregon Blueberry Growers Association. Speaks in support of the bill.

114

Sen. R. Beyer

Asks whether the bill allows individual commissions to use a one, two or three year look back.

118

Nelson

Explains.

126

Sen. R. Beyer

Notes that the commission may determine the three-year industry average, but it is not required.

131

Vice-chair Shields

Asks Brazelton if he is in favor of the amendment.

137

Brazelton

Responds.

160

Sen. Fisher

Asks about lawsuit.

161

Brazelton

Describes.

180

Nelson

Elaborates.

190

Sen. Fisher

Asks if this is only for the blueberry commission.

200

Nelson

Responds.

213

Sen. Fisher

Asks if an amendment is needed.

215

Nelson

Affirms.

218

Chair Messerle

Advises a Legislative Counsel opinion is forthcoming.

228

Doug Krahmer

Grower, including blueberries and others. President, Marion County Farm Bureau. Testifies in support of the bill.

267

Bob Gabriel

Grower of blueberries, ryegrass, filberts.  Speaks in support of SB 943.

293

Ryan Braun

Farmer Scio, President Oregon Blueberry Growers Association.  Testifies in support of SB 943.

308

Chair Messerle

Asks if the association would find a problem with the permissive time lag to each individual commission.

312

Braun

Replies.

321

Chair Messerle

Notes that these decisions should be made at an industry level.

325

Vice-chair Shields

Asks if the commissions would be supportive if the amendment was permissive.

331

Gabriel

Responds.

343

Chuck Taylor

Legislative Counsel.  Clarifies the use of may not and shall not.

411

Chair Messerle

Asks Mr. Taylor to review the bill and give an opinion on it, and also asks if it allows each commission to individually decide the assessment time.

426

Taylor

Asks about specific language.

428

Sen. R. Beyer

Page 2, lines 31-35.

434

Taylor

Clarifies.

466

Chair Messerle

Asks if it is their choice.

467

Taylor

Notes they could use other sources to determine it.

469

Sen. R. Beyer

Asks if they could choose a different number of years to average.

487

Sen. Fisher

Points out line 45 on page 2.

491

Chair Messerle

Invites Taylor to return later.

498

Taylor

States his opinion regarding the meaning of the assessment time limits.

TAPE 56, A

040

Frank Conte

Taught Science at OSU. Testifies in supports of SB 943, but not amendment.

076

Chuck Craig

Deputy Director, Department of Agriculture.  Testifies in support of SB 943 and submits written testimony (EXHIBIT E).

094

Sen. R. Beyer

Publicly thanks the growers for coming in and voicing their opinions.

099

Chair Messerle

Closes public hearing on SB 943.  Adjourns meeting at 10:04 a.m.

100

Chair Messerle

Adjourns meeting at 10:04 a.m.

                                                                       

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 943, written testimony, John Schoon, 1 p

B – SB 943, proposed dash-3 amendments dated 3-9-01, John Schoon, 2 pp

C – SB 943, written testimony, Phil Olson, 1 p

D – SB 943, written testimony, Ralph Fisher, Oregon Fine Fescue Commission, 2 pp

E – SB 943, written testimony, Charles Craig, Oregon Department of Agriculture, 1 p