SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

April 25, 2001 Hearing Room B

8:00 AM Tapes 108 - 109

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

STAFF PRESENT: Judith Callens, Committee Administrator

Cheryl Young, Committee Assistant

MEASURE/ISSUES HEARD: SB 869, Work Session

SB 870, Work Session

SB 957, Public Hearing

SB 644, Public Hearing and Work Session

SB 944, Public Hearing

HB 3811A, Public Hearing and Work Session

HB 2967, Work Session

HB 3239, Public Hearing and Work Session

HB 3586, Public Hearing and Work Session

HJM 15,Public Hearing and 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 108, A
005	Chair Messerle`	Opens meeting at 8:07 am. Opens work session on SB 869.
SB 869, WORK SESSION
011	Staff	Summarizes SB 869.
032	Sen. Atkinson	MOTION: Moves SB 869-2 to the floor with a DO PASS recommendation.
033		VOTE: 5-0 EXCUSED: 2 - Sen. Burdick, Sen. Deckert
	Chair	Hearing no objection, declares the motion CARRIED.
035	Sen. Atkinson	MOTION: Moves SB 869 to the floor with a DO PASS AS AMENDED recommendation.
037	Sen. Fisher	Asks if they are bypassing the –1 amendments.
038	Staff	Responds that the –2 amendments are all that are needed to accomplish the committees objectives.
041		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Sen. Burdick, Sen. Deckert
	Chair	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
046	Chair Messerle	Closes work session on SB 869. Opens work session on SB 870.
SB 870, WORK SESSION
047	Staff	Summarizes SB 870.
068	Chair Messerle	Invites testimony.
079	Tom Byler	Water Resources Department. Testifies that the department supports the –2 amendments.
094	Richard Kosesan	Water for Life. Has questions regarding in-stream flows.
110	Byler	Responds regarding transfer regarding subsections C and D.
126	Sen. Atkinson	MOTION: Moves SB 870-2 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0 EXCUSED: 1 - Sen. Deckert
	Chair	Hearing no objection, declares the motion CARRIED.
130	Sen. Atkinson	MOTION: Moves SB 870 to the floor with a DO PASS AS AMENDED recommendation.
132	Sen. Fisher	Asks if this still has a sunset.
140	Byler	Responds to question regarding sunset.
150		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Deckert
	Chair	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
	Chair	Closes work session on SB 870. Opens public hearing on SB 957.
SB 957, PUBLIC HEARING
157	Staff	Summarizes SB 957.
182	Sen. Fisher	Asks why DOGME is not included.
183	Staff	Responds.
199	Bruce Miller	State Court Administrative Office. Testifies in support of this bill.
207	Richard Shepard	President of Applied Ecosystem Services, Inc. Speaks in support of SB 957. Submits written testimony. (EXHIBIT A).
270	Chair Messerle	States that is was the intent when they drafted the bill. They are trying to reduce the effect of a fiscal impact.
281	Larry Cooper	Oregon Department of Fish & Wildlife. Speaks in support of SB 957.
292	Chair Messerle	Makes comment regarding possible permits in the future that should be included in this process. Closes the public hearing on SB 957. Opens public hearing on SB 644.
SB 644, PUBLIC HEARING
309	Staff	Summarizes SB 644.
338	Scott Aschom	Representing the Oregon Association of Nurserymen. Speaks in support of SB 644.
380	Martha Pagel	Attorney representing the Oregon Association of Nurserymen. Notes that she is here to answer any questions the committee may have.
388	Tom Byler	Water Resources Department. Testifies in support of the –3 and –4 amendments. Submits written testimony. (EXHIBIT B).
500	Karen Russell	WaterWatch of Oregon. Exhibit C. States concerns regarding amendments. Opposes –3 and –4 amendments. Provides proposed amendments.
Tape 109, A
042	Russell	Continues testimony. Submits written testimony. (EXHIBIT C).
110	Sen. Deckert	Asks Mr. Byler what his feelings are on the proposed amendments by Ms. Russell.
117	Byler	Responds to question.
149	Sen. Deckert	Asks if this would allow or instruct the commission to take a look at an individual agricultural user.
156	Byler	Responds that it would allow the commission to do that.
162	Russell	Relates further comments.
173	Sen. Shields	Asks Mr. Byler how much they are willing to negotiate with WaterWatch.
178	Byler	Responds.
198	Sen. Deckert	Questions the word “allow” in the amendments.
211	Chair Messerle	States that he wants to move this bill out today and does not want to unduly create problems.
218	Chair Messerle	Closes public hearing on SB 644. Opens work session on SB 644.
SB 644, WORK SESSION
221	Sen. R. Beyer	MOTION: Moves SB 644-4 to the floor with a DO PASS AS AMENDED recommendation.
223	Sen. Shields	Asks for clarification on the implications of this amendment.
231	Chair Messerle	Clarifies.
251	Sen. Beyer	Presents comments regarding WaterWatch’s proposals.
272	Sen. Shields	Asks if WaterWatch is supportive of this bill with the –4 amendments.
278	Karen Russell	Opposed to the –4 amendments as currently proposed.
287		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair	The motion CARRIES.
287	Sen. R. Beyer	MOTION: Moves SB 644 to the floor with a DO PASS recommendation.
289		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
296	Chair Messerle	Closes work session on SB 644. Opens public hearing on SB 944.
SB 944, PUBLIC HEARING
300	Staff	Summarizes SB 944.
322	Lon Holston	Association of Western Pulp and Paper Workers. Testifies in support of SB 944. Submits written testimony. (EXHIBIT D and E).
382	Chair Messerle	Closes public hearing on SB 944. Opens public hearing on HB 3811A.
HB 3811A, PUBLIC HEARING
400	Staff	Summarizes HB 3811A.
413	Bruce Bishop	Attorney on behalf of the Perennial Ryegrass Bargaining Association. Testifies in support of HB 3811A. (EXHIBIT F).
447	Jim Carnes	Representing the Perennial Ryegrass Bargaining Association. Testifies in support of HB 3811. Submits written testimony. (EXHIBIT G).
Tape 108, B
077	Jim Mountain	Representing the Perennial Ryegrass Bargaining Association. States he is here to mainly answer questions.
088	Dave Nelson	Executive Secretary of the Oregon Seed Council. Testifies in support of HB 3811A.
104	Jean Wilkinson	Representing the Oregon Farm Bureau. Testifies in support of HB 3811A.
125	Sen. Beyer	Thanks Mr. Carnes for coming forward to testify.
131	Chair Messerle	Closes public hearing on HB 3811A. Opens work session on HB 3811A.
HB 3811A, WORK SESSION
133	Sen. Atkinson	MOTION: Moves HB 3811A to the floor with a DO PASS recommendation.
134		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair	The motion CARRIES. R. BEYER will lead discussion on the floor.
140	Chair Messerle	Closes work session on HB 3811A. Written testimony is submitted for public record. (EXHIBIT H). Opens work session on HB 2967.
HB 2967, WORK SESSION
143	Sen. Shields	Discusses his amendments.
173	Roy Hemmingway	Governor’s Natural Resources Office. Bill is trying to strike a balance for public safety regarding cougars, and that the negotiated compromise accomplishes that.
193	Sen. Burdick	Asks if Governor would still support this bill if it only pertained to cougars and not bears.
194	Hemmingway	Responds in the affirmative.
196	Chair Messerle	States that in discussions he insisted that bears continue to be in simply because they are also a threat to homes and around structures.
202	Rod Harder	States that these amendments raise more questions than answer them.
232	Sen. Shields	Referring to Mr. Harder’s comment regarding building on land actively used for agriculture or ranching, he asks if his issues aren’t covered in line 3.
239	Harder	Responds.
255	Chair Messerle	Comments that his concern is protecting safety for human beings.
264	Sen. Shields	Apologizes that the amendments did not get to the committee until 9 a.m. Wants to provide a bill that everyone is happy with, and the Governor seems to be happy with it.
309	Sen. Fisher	Notes that it is his understanding that the –3 amendments were developed by the Governor’s Office.
312	Sen. Atkinson	Makes comments supporting the –4 amendments, and further comments regarding the –5 amendments.
352	Sen. Shields	Asks if there is some way to add them in lines 4-7.
361	Sen. Deckert	Comments that he thought they would fall under agricultural.
363	Sen. Atkinson	States that sometimes one of these structures does not follow the operation of the ranch. They switch structures and what they are used for throughout the year.
382	Sen. Deckert	Asks if they could strike temporary buildings.
387	Chair Messerle	States his concern about someone’s occupation that allows them to protect themselves but not someone who is recreating. And he thinks that’s a dangerous path to go down.
391	Sen. Fisher	States that he is not in support of this.
411	Sen. Shields	MOTION: Moves HB 2967-5 to the floor with a DO PASS AS AMENDED recommendation.
411		VOTE: 3-4 AYE: 3 - Sen. Burdick, Sen. Deckert, Sen. Shields NAY: 4 - Sen. Atkinson, Sen. R. Beyer, Sen. Fisher, Chair Messerle
	Chair	The motion Fails.
420	Sen. Beyer	Asks for clarification regarding the bill with the –3 amendments.
425	Sen. R. Beyer	MOTION: Moves HB 2967-3 to the floor with a DO PASS AS AMENDED recommendation.
428	Sen. Shields	States he is sorry the amendments did not strike a balance. He is still concerned that with the issue of structures, and unless they can amend it, it may get a veto and he would like to continue to work on the bill.
451	Chair Messerle	Comments he believes this was originally the Governor’s bill, and the only thing the House added was the bear-cougar part, and that he has received no indication that that was not acceptable to the Governor.
466	Hemmingway	Responds to issue.
488	Sen. Fisher	Comments that he resents that his rights to self-protection are taken away just because he wants to do some recreation.
506	Sen. Shields	Asks if that isn’t already covered.
507	Chair Messerle	Feels that it clouds the issue.
Tape 109, B
038	Chair Messerle	Asks if the Governor will support the bill with the –3 amendments.
042	Hemmingway	Responds.
049	Chair Messerle	Asks if it came from the Governor himself.
050	Hemmingway	Responds.
065		VOTE: 5-2 AYE: 5 - Sen. Atkinson, Sen. R. Beyer, Sen. Deckert, Sen. Fisher, Chair Messerle NAY: 2 - Sen. Burdick, Sen. Shields
	Chair	The motion Carries. SEN. R. BEYER will lead discussion on the floor.
072	Sen. Deckert	States he wishes to change his vote.
076	Sen. R. Beyer	MOTION: Moves to SUSPEND the rules for the purpose of TO REOPEN THE WORK SESSION FOR VOTE CHANGE ON HB 2967.
		VOTE: 7-0
	Chair	Hearing no objection, declares the motion CARRIED.
080	Sen. R. Beyer	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to CHANGE vote from AYE to NAY on HB 2967-3.
081	Chair Messerle	Closes work session on HB 2967. Opens public hearing on HB 3239.
HB 3239, PUBLIC HEARING
090	Staff	Summarizes HB 3239.
106	Chair Messerle	Closes public hearing on HB 3239. Opens public hearing on HB 3586.
HB 3586, PUBLIC HEARING
111	Staff	Summarizes HB 3586.
115	Larry Cooper	Speaks in support of HB 3586.
130	Chair Messerle	Closes public hearing on HB 3586. Opens work session on HB 3586.
HB 3586, WORK SESSION
132	Sen. Atkinson	MOTION: Moves HB 3586A to the floor with a DO PASS recommendation.
133		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Burdick
	Chair	The motion CARRIES. SEN. DECKERT will lead discussion on the floor.
147	Chair Messerle	Closes work session on HB 3586. Re-opens public hearing on HB 3239.
HB 3239, PUBLIC HEARING
151	Staff	Summarizes HB 3239.
154	Charles Stern	Yamhill County Clerk. Testifies in support of HB 3239.
188	Sen. Beyer	Asks if this bill will conflict with bill from Business and Labor using permanent ink on mylar plats.
195	Stern	Responds to issue.
207	Sen. Beyer	Asks if any of the statutes were amended by the bill.
209	Stern	Responds.
215	Sen. Beyer	States he just wanted to make sure nothing was undone.
219	Chair Messerle	Closes public hearing on HB 3239. Opens work session on HB 3239.
HB 3229, WORK SESSION
221	Sen. Shields	MOTION: Moves HB 3239 to the floor with a DO PASS recommendation.
222		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair	The motion CARRIES. SEN. SHIELDS will lead discussion on the floor.
232	Sen. Shields	MOTION: Moves to SUSPEND the rules for the purpose of TO ALLOW SEN. BURDICK TO VOTE ON SB 869.
		VOTE: 7-0
	Chair	Hearing no objection, declares the motion CARRIED.
237	Sen. Shields	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. BURDICK to BE RECORDED as voting AYE on SB 869.
		VOTE: 7-0
	Chair	Hearing no objection, declares the motion CARRIED.
239	Sen. Shields	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on SB 869 and SB 870.
242	Chair Messerle	Closes work session on SB 870.
247	Sen. Shields	States for the record that he spoke with folks in the Governor’s Office and they are considering a Minority Report on HB 2967.
251	Chair Messerle	So noted. Opens public hearing on HJM 15.
HJM 15, PUBLIC HEARING
255	Staff	Summarizes HJM 15.
274	Rep. Knopp	Representing District 15. Speaks of double taxation. Testifies in favor of this bill. Urges the committee to not create new fees.
333	Sen. Fisher	Asks why snow parks are not included.
336	Knopp	Responds that he opposed the increase in the snow park fee in the last session, and wanted to focus on this part of the bill.
350	Sen. Fisher	Asks if it abolishes camping fees in the improved parks.
351	Knopp	Responds that it does not and expands on explanation.
381	Chair Messerle	Asks if this memorial would include the Forest Service on the coast.
382	Knopp	Responds.
393	Sen. Atkinson	States that he strongly supports this bill. He feels that the public land fee is outrageous. Asks what the average cost of RV camping is.
411	Knopp	Responds that it is close to $20.
412	Sen. Atkinson	Comments that with the potential drought and probably the biggest fire season ever, the USFS is combining offices and laying off people. States that this fee doesn’t come close to fixing that problem.
437	Sen. Fisher	Comments that his thoughts are similar to Sen. Atkinson’s.
457	Knopp	States that he doesn’t believe that would affect that.
461	Chair Messerle	Closes public hearing on HJM 15. Open work session on HJM 15.
HJM 15, WORK SESSION
464	Sen. Atkinson	MOTION: Moves HJM 15 be sent to the floor with a BE ADOPTED recommendation.
467		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Shields
	Chair	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
480	Chair Messerle	Closes work session on HJM 15. Adjourns meeting at 9:57 a.m.

Submitted By, Reviewed By,

Cheryl Young, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 957, written testimony, Richard Shepard, 2pp.

B –SB 644, written testimony, Tom Byler, 12pp.

C –SB 644, written testimony, Karen Russell, 5pp.

D – SB 944, written testimony, Lon Holston, 2pp.

E – SB 944 & SB 945, written testimony, Denny Scott, 4pp.

F – HB 3811, written testimony, Bruce Bishop, 3pp.

G – HB 3811, written testimony, Jim Carnes, 4pp.

H – HB 3811, written testimony submitted for public record, 3pp.

I - SB 957-1, proposed amendments, 2pp.

J – SB 944-1, proposed amendments, 2pp.

K –HB 2967-4 & -5 proposed amendments, 2pp.

L – SB 869-2, proposed amendments, 3pp.

M – SB 870-2, proposed amendments, 8pp.

N – SB 644-4, proposed amendments, 2pp.