SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

March 28, 2001 Hearing Room B

8:00 a.m. Tapes 70 - 72

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

Sen. Bill Fisher

MEMBER EXCUSED: Sen. Ginny Burdick

STAFF PRESENT: Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

MEASURE/ISSUES HEARD: SB 417, Public Hearing and Possible Work Session

SB 470, Public Hearing and Possible Work Session

SB 653, Public Hearing and Possible Work Session

SJR 37, Public Hearing and Possible 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 70 A
005	Chair Messerle		Opens meeting at 8:04. Opens Public Hearing on SB 417.
SB 417, PUBLIC HEARING
008	Staff		Summarizes SB 417.
025	Bob Rindy		Legislative Coordinator with the Department of Land Conservation and Development. Discusses proposed amendments to SB 417. Submits written testimony. (EXHIBIT A).
066	Linda Ludwig		League of Oregon Cities. Supports amendments to SB 417. Submits written testimony. (EXHIBIT B).
072	Art Schlack		Association of Oregon Counties. Will support SB 417 with –1 amendments.
091	Chair Messerle		Enters letter of support on SB 417-1 from Linda Ludwig. (EXHIBIT B). Closes public hearing on SB 417. Opens work session on SB 417.
SB 417, WORK SESSION
094	Sen. Deckert		MOTION: Moves SB 417-1 to the floor with a DO PASS AS AMENDED recommendation.
095			VOTE: 5-1 EXCUSED: 1– Sen. Burdick
	Chair		Hearing no objection, declares the motion CARRIED.
96	Sen. Deckert		MOTION: Moves SB 417 to the floor with a DO PASS recommendation.
096			VOTE: 5-1 AYE: 5 – Sen. Atkinson, Sen. Deckert, Sen. Fisher, Sen. Shields, Chair Messerle NAY: 1 – Sen. Beyer EXCUSED: 1 – Sen. Burdick
	Chair		The motion Carries.
118	Chair Messerle		Closes work session on SB 417. Opens public hearing on SB 412.
SB 417, PUBLIC HEARING
119	Staff	Summarizes SB 412.
141	Gregg Cline	Department of Forestry. Speaks in support of the –1 amendments to SB 412.
174	Art Schlack	Association of Oregon Counties. Speaks in support of the bill with the –1 amendments.
183	Chair Messerle	For the record, a letter from Linda Ludwig supporting SB 412 with the –1 amendments. (EXHIBIT C).
186	Sen. Beyer	States he needs clarification on the –1 amendment regarding who needs to notify the local governments.
209	Gregg Cline	Responds and clarifies the process.
219	Sen. Beyer	Asks about fiscal report.
223	Chair Messerle	Asks Mr. Cline if that is an error in the fiscal report.
225	Cline	May be an error.
228	Chair Messerle	States that he will have to send the bill to Ways and Means.
232	Sen. Beyer	Asks what was wrong with original bill and why we are doing this.
239	Cline	Adds comments regarding fiscal impact.
244	Sen. Beyer	States they need clarification regarding the general funds to do this.
250	Staff	Clarifies. Bill requires statewide notification for Ballot Measure 56.
254	Chair Messerle	States they will have that discussion when it get to Ways and Means.
260	Sen. Fisher	Makes comment regarding LCDC.
263	Chair Messerle	Notes this is not clear to him and should be an issue between the Dept. of Forestry and the local governments.
267	Schlack	Surprised if there is any fiscal impact.
276	Sen. Beyer	Fails to understand need for –1 and why there are objections to the original bill.
284	Schlack	Responds and clarifies.
299	Cline	Is a positive process.
309	Sen. Beyer	First bill was a housekeeping measure to clarify language.
315	Mr. Rindy	States that they submitted a revised fiscal yesterday, and were told that there is no fiscal impact.
323	Chair Messerle	Notes that fiscal just arrived and there is no fiscal impact.
338	Jerry Purvis	Speaks in opposition of bill. Submits written testimony. (EXHIBIT D).
424	Chair Messerle	Asks what the photos represent.
430	Purvis	Represent a pipe line. Continues with testimony.
448	Chair Messerle	Clarifies that this bill does not deal with construction sites.
450	Purvis	Asks that they put that in the bill.
464	Chair Messerle	This bill relates to forest practices not construction sites.
501	Gregg Cline	Clarifies forestry practices act.
Tape 71,A
038	Purvis	Questions about removal of trees.
043	Cline	Replies to question.
053	Chair Messerle	Closes public hearing on SB 412. Opens work session on 412.
SB 412, WORK SESSION
077	Sen. R. Beyer	MOTION: Moves SB 412-1 to the floor with a DO PASS AS AMENDED recommendation.
0775		VOTE: 5-0 EXCUSED: 2 - Sen. Atkinson, Sen. Burdick
	Chair	Hearing no objection, declares the motion CARRIED.
079	Sen. R. Beyer	MOTION: Moves SB 412 to the floor with a DO PASS AS AMENDED recommendation.
080		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Sen. Atkinson, Sen. Burdick
	Chair	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
087	Chair Messerle	Letter of support of SB 412 from Ted Lorensen entered into the record. (EXHIBIT E). Closes work session on SB 412. Opens public hearing on SB 312
SB 312 PUBLIC HEAIRNG
090	Staff	Summarizes SB 312
104	Chuck Craig	Deputy Director, Department of Agriculture. Explains what amendments do regarding organic food products.
133	Ron McKay	Administrator, Food Safety Division Oregon Department of Agriculture. Further clarifies the amendment. Submits written testimony. (EXHIBIT F).
142	Sen. Deckert	Asks for clarification on date changes going into affect and the –1 appealing the choice of state v. federal.
135	McKay	Replies.
159	Chair Messerle	Notes for the record that Joe Gilliam from OGIA is signed up in support for the bill. Closes public hearing on SB 312. Open work session on SB 312.
SB 312, WORK SESSION
163	Sen. Shields	MOTION: Moves SB 312-1 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0 EXCUSED: 2 - Sen. Atkinson, Sen. Burdick
	Chair	Hearing no objection, declares the motion CARRIED.
166	Sen. Shields	MOTION: Moves SB 312 to the floor with a DO PASS recommendation.
		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Sen. Atkinson, Sen. Burdick
	Chair	The motion CARRIES. SEN. SHIELDS will lead discussion on the floor.
174	Chair Messerle	Closes work session on SB 312. Opens public hearing on HB 2158.
HB 2158, PUBLIC HEARING
176	Staff	Summarizes HB 2158.
192	Chuck Craig	Deputy Director, Department of Agriculture. Speaks of feral definition. Speaks in favor of this bill. Submits written testimony. (EXHIBITS G & H).
261	Lindsay Ball	Director, Oregon Department of Fish and Wildlife Speaks in support of this bill with the –4 amendments. Submits written testimony. (EXHIBIT I).
289	Cynthia Kok	Lieutenant, Oregon State Police, Fish and Wildlife Division. Speaks in support of HB 2158 with the –4 amendments. Submits written testimony. (EXHIBIT J).
306	Sen. Fisher	Asks if this requires a hunting license.
311	Ball	Responds that a hunting license is required.
313	Sen. Fisher	Asks if definition is as wildlife.
315	Ball	Agrees. Adds that given predatory status, you can take it without license.
321	Sen. Fisher	Asks what weapon can be used.
327	Ball	No restrictions on arms designation.
335	Sen. Deckert	Asks for clarification on the protection language on poaching.
345	Ball	Responds and elaborates.
370	Sen. Shields	Asks how big a problem there is from those pretending to go out after feral swine but going after big game instead.
377	Ball	Does not know how widespread it is today.
397	Sen. Shields	Asks if there is a market for these animals.
409	Ball	Responds to question.
427	Sen. Shields	Asks if there might be a parallel where there might be some good coming out of this.
439	Craig	Responds.
462	Sen. Beyer	Wants to make sure we go on record that ODFW is not interested in setting up a process for tags to control the hunt of feral swine.
490	Ball	Not interested in making them a big hunting animal.
Tape 70, B
038	Sen. Beyer	Wants this on the record.
044	Chair Messerle	Closes public hearing on HB 2158. Opens work session on HB 2158.
HB 2158, WORK SESSION
046	Sen. Atkinson	MOTION: Moves HB 2158-4 to the floor with a DO PASS AS AMENDED recommendation.
048		VOTE: 6-0 EXCUSED: 1 - Sen. Burdick
	Chair	Hearing no objection, declares the motion CARRIED.
050	Sen. Atkinson	MOTION: Moves HB 2158 to the floor with a DO PASS as amended recommendation.
053	Sen. Beyer	Declares a potential conflict of interest.
061		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Burdick
	Chair	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
066	Chair Messerle	Closes work session on HB 2158. Opens public hearing on SB 470
SB 470, PUBLIC HEARING
068	Staff	Introduces SB 470.
077	Sen. Atkinson	Speaks of his involvement in this bill.
108	Sen. Len Hannon	District 26. Speaks supporting this bill. Defines specifics of this land use bill. Speaks of frustrations of the people regarding the process.
155	John Hassen	Attorney from Jackson County. Speaks of problems with various churches finding locations to build and expand. Speaks of difficulties involved. Urges adoption of SB 470. Submits written testimony. (EXHIBIT K).
353	Chair Messerle	Enters into the record a letter from Beaverton School District. (EXHIBIT L).
360	Rev. Larry Jung	From Jacksonville. Speaks in favor of this bill. Encourages a yes vote.
403	Sen. Atkinson	Asks Rev.Yung to tell the committee how new the current building is.
407	Jung	Replies that it was built in 1881.
427	Sen. Deckert	Asks for clarification regarding the language of this present bill giving him authority, if he were any educational organization, to move or build anyplace he wanted to without much city review of it.
454	Hassen	Responds to question.
498	Sen. Deckert	Furthers questions the language of the bill.
Tape 71, B
041	Hassen		Responds to issue.
069	Sen. Deckert		Asks if he feels that the federal act would provide relief in terms of these circumstances.
072	Hassen		Would have some impact.
090	Jim Bean		Attorney from Portland. Speaks in support of this bill.

213	Jim Jacks	League of Oregon Cities. Speaks in opposition to this bill. Submits written testimony for Linda Ludwig. (EXHIBIT M).
301	Chair Messerle	Asks if they have sat down with the promoters of this bill to work out the language of the bill.
306	Jacks	Would be glad to sit down and resolve some issues
314	Ron Eber	Land Conversation and Development. Speaks in opposition of this bill as written. Submits written testimony. (EXHIBIT N).
370	Sen. Atkinson	Asks what happens when a fiscal analysis exceeds $50,000. This bill exceeds the limit by $287. Questions the validity of this fiscal analysis.
393	Eber	Not aware of any fiscal analysis on this bill.
398	Sen. Atkinson	Asks if there are any proposed amendments he’d like to see.
400	Eber	Not at this time.
408	Sen. Shields	Asks about difference of a church purchasing land years ago and today regarding this bill. Asks if he is willing to help tailor this bill to get to this sort of situation.
439	Eber	Responds to questions.
462	Sen. Fisher	Comments on people’s objections to prisons, but something like this is a big hassle.
Tape 72, A
032	Art Schlack	Association of Oregon Counties. Expresses concerns regarding this bill.
076	Liz Frenkel	League of Women Voters of Oregon. Speaks in opposition of this bill. Submits written testimony. (EXHIBIT O).
090	Mike Collmeyer	1000 Friends of Oregon. Speaks in opposition of this bill as currently written. Submits written testimony. (EXHIBIT P).
129	Chair Messerle	Closes public hearing on SB 470. Closes meeting at 10:06 a.m.

Submitted By, Reviewed By,

Cheryl Young, Jennifer Solomon,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 417, written testimony, Bob Rindy, 2pp.

B – SB 417 written testimony, Linda Ludwig, 1p.

C – SB 412, written testimony, Linda Ludwig, 1p.

D – SB 412, written testimony, Jerry Purvis, 6pp.

E – SB 412, written testimony, Ted Lorensen, 2pp.

F – SB 312, written testimony, Ron McKay, 1p.

G – HB 2158, written testimony, Chuck Craig, 2pp.

H – HB 2158, written testimony, Chuck Craig, 8pp.

I – HB 2158, written testimony, Lindsay Ball, 1p.

J – HB 2158, written testimony, Cynthia Kok, 2pp.

K – SB 470, written testimony, John Hassen, 23pp.

L – SB 470, written testimony, James Lynch, 2pp.

M- SB 470, written testimony, Jim Jacks for Linda Ludwig, 2pp.

N – SB 470, written testimony, Richard Benner, 2pp.

O – SB 470, written testimony, Liz Frenkel, 1p.

P – SB 470, written testimony, Michael Collmeyer, 2pp.