SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 18, 2001 Hearing Room B

8:00 am Tapes 94 - 97

 

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

                                                Judith Callens, Committee Administrator

Cheryl Young, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 470, Public Hearing and Possible Work Session

SB 724, Public Hearing and Possible Work Session

SB 929, Work Session

SB 945, Work Session

SB 946, Work Session

SB 961, Work Session

SB 943, Public Hearing and Possible Work Session

SB 172, Public Hearing and Possible Work Session

SB 46, 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 94, A

005

Chair Messerle

Opens Meeting at 8:09 a.m. Opens public hearing on SB 470.

SB 470, PUBLIC HEARING

008

Staff

Summarizes SB 470.

017

Sen. Atkinson

Comments that a good compromise amendment was drafted. 

028

Charles Tomlinson

President Corvallis City Council. Testifies in opposition of SB 470 on behalf of the city. Submits written testimony.  (EXHIBIT A).

060

Chair Messerle

Asks if his testimony includes all of the amendments.

062

Andrea Meyer

Representing ACLU. Testifies in opposition to SB 470.

103

Art Schlack

Association of Oregon Counties. Testifies in opposition to SB 470 amendments. Speaks of areas where it would be acceptable.

140

Sen. Shields

Refers to Sen. Atkinson’s situation, where they purchased land set aside for a church in the initial planning, the people who bought their homes in that sub-section knew it was a future site for a future church.  With all the rules were in place, he asks why should a city come along and change the rules later.

160

Meyer

Responds to question.

171

Tomlinson

Adds comments regarding Corvallis citizens going through the public process.

191

Sen. Atkinson

Speaks of restrictions of religious freedoms through local decisions such as no weddings or funerals. Also speaks of the 3-mile radius.

216

Linda Ludwig

League of Oregon Cities. Speaks in opposition to SB 470. Submits written testimony.  (EXHIBIT B).

261

Bill Healy

Community Development Director, City of Salem. Speaks in opposition to SB 470.

304

Chair Messerle

Asks for clarification regarding the –2 amendments  regarding exemption.

315

Healy

Responds.

322

Chair Messerle

Asks Ms. Ludwig if the League of Oregon Cities has offered any language that would be acceptable.

326

Ludwig

Responds that they have not, and would like more time to study the issue.

339

Chair Messerle

Asks how much time would be adequate and if they would agree that there are communities like Sen. Atkinson’s that are disadvantaged by the present law and are in quite a difficult situation.

352

Ludwig

Responds to question.

355

Sen. Beyer

Asks if this bill is narrowed to only affect Jacksonville, would she then testify that it’s too narrow.

362

Ludwig

Responds to question and concerns.

380

Sen. Atkinson

Asks, where are the theaters in the –2 amendments, because in her testimony she stated that the League is concerned of theaters being sited by the urban growth boundaries.

384

Ludwig

Responds regarding large places of assembly and their impacts.

414

Sen. Atkinson

Comments that they are speaking of a very small church, of someone doing all the right things and going through the entire process, and then told they could build a church as long as they didn’t have weddings or funerals at it.

444

Sen. Fisher

Asks Ms. Ludwig to elaborate regarding her quoting some changes in the federal regulation.

463

Ludwig

Responds.

471

Sen. Fisher

Asks for examples.

476

Ludwig

Responds.

481

Chair Messerle

Notes a message from staff that the conditional use issue is clarified in the –3 and –4 amendments.

492

Jim Jacks

Representing the Oregon City Planning Directors Association. Makes comments regarding approval criteria for conditional use permits in Jacksonville.

Tape 95, A

047

Randy Tucker

1000 Friends of Oregon. Speaks in opposition to SB 470. Submits written testimony. (EXHIBIT C).

082

Sen. Fisher

Questions the italicized word ‘rural’ in the written testimony and ask Mr. Tucker for clarification.

087

Tucker

Makes clarification.

104

Sen. Shields

Compares this bill to last session, but states that the circumstances are very different.

114

Tucker

Responds.

125

Bob Rindy

Land Conservation and Development. Speaks in opposition to this bill. The –1 amendment may be a drafting error.

195

John Hassen

Citizen. Testifies in support of this bill. Speaks of his understanding of the –1 and –2 amendments.

316

Chair Messerle

Adjourns public hearing of SB 470 and recesses the public hearing until 5:00 this evening. Opens work session on SB 929.

SB 929, WORK SESSION

330

Staff

Summarizes SB 929.

359

Bob Rindy

Department of Land Conservation and Development.  Testifies that if the bill is narrowed, they will not actively oppose it.

416

John Chandler

Land use specialist for the Oregon Building Association. Testifies in support of the –1 amendments.

Tape 94, B

017

Sen. Shields

Asks question regarding property in Medford.

020

Rindy

Responds to question.

047

Chair Messerle

Closes public hearing on SB 929.  Opens work session on SB 929.

SB 929, WORK SESSION

048

Sen. Atkinson

MOTION:  Moves SB 929-1 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. Burdick

 

Chair

Hearing no objection, declares the motion CARRIED.

052

Sen. Atkinson

MOTION:  Moves SB 929 to the floor with a DO PASS AS AMENDED recommendation.

052

Sen. Shields

Asks for clarification regarding LCDC not opposing this bill.

054

Chair Messerle

Agrees.

056

Sen. Deckert

Asks if there was clarity in terms to not include Medford if the –1 amendments are adopted.

058

Chair Messerle

Responds that the –1 amendments refers to Canby only.

061

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Sen. Burdick

 

Chair

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

066

Chair Messerle

Closes work session on SB 929. Opens work session on SB 945

SB 945, WORK SESSION

073

Staff

Summarizes SB 945.

102

Sen. Beyer

Asks if the fiscal on the –1 amendment will also apply to the –2 amendment.

004

Staff

Clarifies.

120

Sen. Beyer

Asks why they are adding 6 FTE.

126

Staff

Responds to question.

133

Chair Messerle

Suggests that Ways & Means work on it.

136

Staff

Responds that there is no subsequent referral to Ways and Means.

139

Sen. Shields

Questions the adding of six staff to this bill and that it should be considered by Ways and Means.

142

Chair Messerle

States he would prefer it.

147

Jeff Huntington

Director Water Shed Enhancement Board. Clarifies the FTE issue.

158

Chair Messerle

Notes that the fiscal report states that this is not anticipated in the Governor’s budget.

161

Huntington

Responds and clarifies.

165

Sen. Shields

Asks if they really need that many people.

173

Huntington

Responds to question.

208

Sen. Shields

States that is sounds like they are adding case managers here and taking away from human services.

211

Huntington

Responds.

217

Sen. Shields

Asks if there are no additional general funds.

218

Huntington

Responds that it will all be out of Measure 66 moneys.

220

Chair Messerle

Notes that since it is in the Governor’s budget, the Ways and Means committee will be reviewing the need for the staff and the full funding.

222

Sen. Beyer

Comments regarding Measure 66 that he doesn’t think that the people who voted for it had this in mind, and states that his vision is to get projects done, not hire people to work in Salem.

236

Sen. Messerle

Gives Sen. Beyer some input regarding Ballot Measure 66.

258

Huntington

Clarifies.

288

Chair Messerle

Comments that he feels it is part of their responsibility as they are spending a lot of money trying to recover species and habitat that there is some backup or research monitoring showing that they are doing the right thing.

299

Sen. Shields

Notes that it is his understanding that a conceptual amendment is needed for a correction in the –2  on page 4. Moves to conceptually amend SB 945-2 after “watersheds” adding the word “council”.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. Burdick

 

Chair

Hearing no objection, declares the motion CARRIED.

323

Sen. Shields

MOTION:  Moves SB 945-2 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. Burdick

 

Chair

Hearing no objection, declares the motion CARRIED.

329

Sen. Shields

MOTION:  Moves SB 945 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-1

AYE:            5 - Sen. Atkinson, Sen. Deckert, Sen. Fisher, Sen. Shields, Chair Messerle

NAY:            1 - Sen. R. Beyer

EXCUSED:  1 - Sen. Burdick

 

Chair

The motion Carries.

SEN. SHIELDS will lead discussion on the floor.

339

Chair Messerle

Closes work session on SB 945. Opens work session on SB 946.

SB 946, WORK SESSION

343

Staff

Summarizes SB 946

374

Judi James

Legislative Fiscal Office. States that this is not anticipated in the governor’s budget.

381

Chair Messerle

Asks if it will then be heard.

383

James

Replies.

384

Chair Messerle

Asks if it is not necessary to send this to fiscal.

385

James

Responds.

419

Sen. Atkinson

MOTION:  Moves SB  946 to the floor with a DO PASS recommendation.

420

 

VOTE:  5-1

AYE:            5 - Sen. Atkinson, Sen. Deckert, Sen. Fisher, Sen. Shields, Chair Messerle

NAY:            1 - Sen. R. Beyer

EXCUSED:  1 - Sen. Burdick

 

Chair

The motion Carries.

SEN. ATKINSON will lead discussion on the floor.

441

Chair Messerle

Close work session on SB 946. Open work session on SB 961.

SB 961, WORK SESSION

444

Staff

Summarizes SB 961.

468

Sen. Atkinson

MOTION:  Moves SB 961 to the floor with a DO PASS recommendation.

474

Sen. Beyer

Asks how the fish is allocated out when there isn’t a surplus year.

487

Sen. Shields

Responds that it’s pro-rated.

495

Sen. Beyer

Asks if this statute take precedence over other things so the tribes get their fish if there isn’t a surplus. Asks how surplus is defined.

506

Staff

Responds that the hatcheries get their supply first.

519

 

VOTE:  5-0

EXCUSED:  2 - Burdick, Deckert

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

TAPE 95, B

045

Chair Messerle

Closes work session on SB 961. Opens public hearing on SB 724.

SB 724, PUBLIC HEARING

051

Sen. Atkinson

Summarizes the SB 724.

095

Sen. Fisher

Asks if the –3 amendment is negating the –1 and –2 amendments.

099

Sen. Atkinson

Agrees. States he is running the –3s knowing they are not thrilled but happier, and to keep working the bill through the process. The –3 amendments are essentially the cleanest version of where he can get to at this point.

111

Carrie Kuerschner

1000 Friends of Oregon. Speaks in opposition to these amendments.

143

Ron Eber

Department of Land Conservation and Development. Testifies in opposition to this bill.

157

Sen. Deckert

Asks if it is O.K. to move this to the House to work on further.

162

Kuerschner

Responds that she is willing to have this bill moved to the House, with some understandings.

168

Eber

Makes further comments.

190

Chair Messerle

Closes public hearing on SB 724.  Opens work session on SB 724.

SB 724, WORK SESSION

191

Sen. Atkinson

MOTION:  Moves SB 724 –3 DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

Hearing no objection, declares the motion CARRIED.

193

Sen. Atkinson

MOTION:  Moves SB  724 to the floor with a DO PASS AS AMENDED recommendation.

201

Chair Messerle

States there is no fiscal. Asks Sen. Atkinson if he wants to withdraw his motion until this evening.

204

Sen. Atkinson

Withdraws motion.

210

Chair Messerle

Adjourns work session on SB 724. For the record, this bill will be brought back up at the 5:00 session. Opens public hearing on SB 943.

SB 943, PUBLIC HEARING

225

Staff

Summarizes SB 943.

290

Gretchen Olson

Speaking on behalf of Rob Miller of Mount Jefferson Farms. Speaks in support of SB 943. Submits written testimony. (EXHIBIT D).

368

Phil Olson

Farmer from the Amity area. Submits written testimony. Submits letter from John Schoon that speaks in support of this –4 amended bill. (EXHIBITS E & F).

468

John McCully

Representing three commodity commissions. Testifies in favor of the –8 and –9 amendments.

Tape 96, A

020

McCully

Continues testimony.

049

Chuck Craig

Deputy Director, Department of Agriculture. Testifies in support of the –8 and –9 amendments.

070

Sen. Shields

States he is uncomfortable with the court case on appeal, and that this bill is in a parallel situation. Asks for comments from Mr. Craig.

076

Craig

Responds.

081

McCully

Adds additional comments.

094

Sen. Shields

Asks if this will actually affect the way the appeal is contemplated, and if a judge can ignore what is going on with this bill while looking at the issues of the appeal.

106

McCully

Responds he does not know the answer to that.

110

Olson

Adds comments.

127

Sen. Shields

Asks if that has been seen in this session.

128

Olson

Responds.

130

Craig

States that the Department did file for appeal in this case in November. Makes further comments.

136

Sen. Beyer

Asks if –8 and –9 are adopted but not the –4s, is there anything to prevent individual commissions from doing what is involved in the –4s.

144

Craig

Responds to question.

156

Sen. Shields

Asks why the sky falls with –4 amendments.

158

Craig

Responds that the commissions are the best to answer that.

166

McCully

Adds additional comments.

195

Olson

Provides additional comments for clarification.

214

Craig

Provides additional comments.

224

Chair Messerle

Submits written testimony. (EXHIBITS G & H).

232

David Gatti

CFO for RainSweet Growers. Testifies and comments on assessment and cap.

288

Roy Malensky

Chairman, Blueberry Commission. Speaks in support of this bill.

377

Jean Underhill-Wilkinson

Oregon Farm Bureau. Speaks in support of this bill. Submits written testimony. (EXHIBIT I).

466

Sen. Shields

Asks what would happen to this bill with the –8 and –9 amendments if the Appeals Court upholds the lower courts.

485

Wilkinson

Responds to question.

Tape 97, A

047

Dave Nelson

Administrator of the Oregon Tall Fescue Commission and Oregon Fine Fescue Commission. Testifies in support of the –8 and –9 amendments, but not the –4 amendments.

080

Rep. Wayne Shetterly

Representative of House District 34. Speaks briefly on SB 943, and clarifies the court case issue.

117

Sen. Shields

Asks about the implications of the  –9 amendments and if it changes a law retroactively.


 

124

Rep. Shetterly

Responds.

129

Chair Messerle

Asks if this bill with the –9 amendments would solve the problems.

130

Rep. Shetterly

States the –9s would solve the problems for the commissions.

131

Sen. Shields

Asks if that means not necessarily with regard to the growers.

132

Rep. Shetterly

Responds.

133

Sen. Shields

Comments that his understanding of the law is that the law is the law and you just can’t change it.

135

Chair Messerle

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

SB 943, WORK SESSION

139

Sen. Atkinson

Comments that given the deadline of today, he notes that they don’t have support of these amendments but need to get it to the House.

141

Chair Messerle

States they do have strong support for two of the amendments.

145

Sen. Atkinson

MOTION:  Moves SB  943-8 to the floor with a DO PASS AS AMENDED recommendation.

146

Sen. Shields

States that he objects.

146

 

VOTE:  4-1

AYE:            4 - Sen. Atkinson, Sen. R. Beyer, Sen. Fisher, Chair Messerle

NAY:            1 - Sen. Shields

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

The motion Carries.

152

Sen. R. Beyer

MOTION:  Moves SB  943-9 to the floor with a DO PASS AS AMENDED recommendation.

154

 

VOTE:  2-3

AYE:            2 - Sen. R. Beyer, Chair Messerle

NAY:            3 - Sen. Atkinson, Sen. Fisher, Sen. Shields

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

The motion Fails.

180

Sen. Beyer

Points out the –9 amendments actually narrow the language that is in the current bill, and if the –9s are not adopted it becomes a broader retroactivity statute than what the bill was drafted for.

233

Sen. Atkinson

MOTION:  Moves SB 943-9 to the floor with a DO PASS AS AMENDED recommendation.

236

 

VOTE:  4-1

AYE:            4 - Sen. Atkinson, Sen. R. Beyer, Sen. Fisher, Chair Messerle

NAY:            1 - Sen. Shields

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

The motion Carries.

 

 

SEN. MESSERLE will lead discussion on the floor.


 

245

Chair Messerle

Closes work session on SB 943. Recesses meeting at 10:44 a.m. until 5:00 p.m., when the committee will hear SB 172, SB 46, SB 724, SB 470 with the other bills on the agenda.

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Jennifer Solomon,          

Committee Assistant                         Administrator

 

 

 

                        Judith Callens

                        Administrator

                                                                       

 

EXHIBIT SUMMARY

 

A – SB 470, written testimony, Charles Tomlinson, 1p.

B – SB 470, written testimony, Linda Ludwig, 1p.

C – SB 470, written testimony, Randy Tucker for Mary Kyle McCurdy, 2pp.

D – SB 943, written testimony, by G. Olson for Rob Miller, 2pp.

E – SB 943, written testimony, by Phil Olson for J. Schoon 1p.

F – SB 943, written testimony, Phil Olson, 2pp.

G – SB 943, written testimony, Michael Helms, 1p.

H – SB 943, written testimony,  Jack Breyman, 1p.

I – SB 943, written testimony,  Jean Wilkinson, 1p.

J – SB 929, for public record, Linda Ludwig, 1p.

K – SB 929 for public record, R. Ullian, 2pp.