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.