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.