SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

May 04, 2001 Hearing Room B

8:00 AM Tapes 116 - 118

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

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: HB 3634 – Public Hearing and Work Session

HB 3858 – Public Hearing and Work Session

HB 3123 A – Public Hearing and Work Session

HB 3964 – Public Hearing and Work Session

HB 2008 A – Public Hearing and Work Session

HB 2604 A – Public Hearing and Work Session

HB 2051 B – Public Hearing and Work Session

HJM 20 – 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 116, A
005	Chair Messerle	Opens meeting at 8:06 a.m. Opens public hearing on HB 3634.
HB 3634 – PUBLIC HEARING
010	Judith Callens	Committee Administrator. Presents bill.
015	Gary Lynch	Department of Geology and Mineral Industries (DOGAMI). Testifies in favor and submits written testimony (EXHIBIT A).
040	Linda Bye	Oregon Concrete and Aggregate Producers Association (OCAPA). Testifies in support of bill.
045	Sen. Fisher	Asks if bill refers to only aggregate sites or also small mining claims.
050	Lynch	Responds.
055	Chair Messerle	Closes public hearing on HB 3634. Opens work session on HB 3634.
HB 3634 – WORK SESSION
060	Sen. Atkinson	MOTION: Moves HB 3634 to the floor with a DO PASS recommendation.
065		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Deckert
	Chair Messerle	The motion CARRIES. SEN. BURDICK will lead discussion on the floor.
070	Chair Messerle	Closes work session on HB 3634. Opens public hearing on HB 3858.
HB 3858 – PUBLIC HEARING
075	Callens	Presents bill.
085	Kristina McNitt	Oregon Water Resources Congress (OWRC). Testifies in favor of bill and submits written testimony (EXHIBITS B, C).
100	Chair Messerle	Asks whether a representative of a corporation can serve on a board.
105	McNitt	Responds.
120	David Filippi	OWRC Board Member. Testifies in support.
140	Chair Messerle	Asks whether the language should be changed.
145	Filippi	Explains.
160	Chair Messerle	Asks about application to drainage districts.
162	Filippi	Responds.
165	Chair Messerle	Closes public hearing on HB 3858. Opens work session on HB 3858.
HB 3858 – WORK SESSION
165	Sen. Atkinson	MOTION: Moves HB 3858 to the floor with a DO PASS recommendation.
170		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Messerle	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
175	Chair Messerle	Closes work session on HB 3858. Opens public hearing on HB 3123 A.
3123 A – PUBLIC HEARING
180	Callens	Presents bill.
185	Mike Dewey	Waste Management, Inc. Introduces Frank Hammond, attorney representing Waste Management, Inc. Testifies in support.
285	Chair Messerle	Closes public hearing on HB 3123 A. Opens work session on HB 3123A.
HB 3123 A – WORK SESSION
290	Sen. Deckert	MOTION: Moves HB 3123A to the floor with a DO PASS recommendation.
295	Sen. R. Beyer	Comments about land use laws applied differently to local governments than to private citizens.
300		VOTE: 5-2 AYE: 5 – Atkinson, Deckert, Fisher, Shields, Messerle NAY: 2 – Beyer R, Burdick
	Chair Messerle	The motion CARRIES. SEN. DECKERT will lead discussion on the floor.
305	Chair Messerle	Closes work session on HB 3123 A. Opens public hearing on HB 3964.
HB 3964 – PUBLIC HEARING
320	Callens	Presents bill.
330	Chuck Craig	Deputy Director, Oregon Department of Agriculture (ODA). Testifies in support of bill.
345	Jim Cramer	Acting Administrator, Commodity Inspection Division, ODA. Testifies in support.
360	Bruce Bishop	Perennial Ryegrass Bargaining Association (PRBA). Testifies in support. Represents support of Dave Nelson and Oregon Seed Council for bill.
390	Jim Carnes	Executive Director, PRBA. Testifies in support and submits written testimony (EXHIBIT D).
430	Ralph Fisher	Member, Oregon Seed Council, grass seed grower. Testifies in support.
TAPE 117, A
015	Chair Messerle	Closes public hearing on HB 3964. Opens work session on HB 3964.
HB 3964 – WORK SESSION
020	Sen. R. Beyer	MOTION: Moves HB 3964 to the floor with a DO PASS recommendation.
025		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 – Shields
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
030	Chair Messerle	Closes work session on HB 3964. Opens public hearing on HB 2008 A.
HB 2008 A – PUBLIC HEARING
035	Callens	Presents bill.
045	Chair Messerle	Closes public hearing on HB 2008 A. Opens work session on HB 2008A.
HB 2008 A – WORK SESSION
050	Sen. Fisher	Asks about type of littering covered by bill.
055	Chair Messerle	Explains the bill is sponsored by Speaker Simmons.
060	Callens	Explains application of the penalty code.
065	Chair Messerle	Reviews definition of types of litter in bill.
066	Sen. Fisher	Asks how and why fine amount was set.
080	Sen. Deckert	Comments about increase in fines.
100	Chair Messerle	Closes work session on HB 2008 A.
105	Callens	Gives references from bill.
110	Chair Messerle	Opens public hearing on HB 2604 A.
HB 2604 A – PUBLIC HEARING
115	Callens	Presents bill and dash–A3 amendments (EXHIBIT E).
155	Sen. Fisher	Asks about the restriction against soliciting or advertising for pesticide application business outside jurisdiction.
165	Terry Witt	Oregonians for Food and Shelter. Testifies in support of bill and dash-A3 amendments. Describes limited scope of license.
200	Sen. Fisher	Asks why advertising is allowed.
205	Witt	Explains.
250	Craig	Testifies in support of bill and amendments. Offers correction to text.
260	Chair Messerle	Asks if agency concerns have been worked out.
265	Craig	Responds.
266	Chris Kirby	Administrator, Pesticides Division, ODA. Testifies in support.
270	Sen. Fisher	Asks about conceptual amendment to correct bill language.
272	Callens	Confirms.
275	Sen. R. Beyer	Raises other differences where corrections may be needed.
295	Callens	Explains.
315	Witt	Responds further.
400		Discussion continues to clarify language of amendments.
425	Craig	Elaborates on corrections.
TAPE 116, B
022	Chair Messerle	Closes public hearing 2604 A. Reopens public hearing on HB 2008 A.
HB 2008 A – PUBLIC HEARING
030	Capt. Lindsay Ball	Oregon State Police (OSP) / Acting Director Oregon Department of Fish and Wildlife (ODFW). Responds to questions regarding penalties.
040	Chair Messerle	Asks about increases in fines.
045	Harvey Mathews	Speaker’s office. Explains house testimony about increase in littering problem and recommendation that fines be increased.
050	Sen. Fisher	Asks about assessment of fines.
070	Mathews	Explains.
080	Sen. Fisher	Asks who enforces the fines.
085	Capt. Ball	Responds.
095	Sen. Fisher	Inquires how many fines are levied.
100	Capt. Ball	Answers.
102	Sen. Fisher	Asks whether the fines are reduced after being levied.
110	Mathews	Offers to report back with additional information.
115	Chair Messerle	Asks whether there are any criminal charges for contaminating a waterway.
118	Capt. Ball	Responds.
120	Vice-chair Shields	Describes anecdote about tracing the dumping of garbage. Asks about tracing perpetrators.
145	Capt. Ball	Responds.
170	Chair Messerle	Advises the Speaker will come down to testify.
180	Sen. R. Beyer	Asks about motor vehicle licensing and exemption for littering by commercial fishermen.
190	Mathews	Explains.
200	Capt. Ball	Explains about licenses. Raises another issue re angling licensing.
235	Terry Thompson	Recommends review by legislative counsel. Bill intends to include sport fishing licenses.
250	Sen. R. Beyer	Asks about other licensing.
265	Thompson	Responds.
280	Sen. Fisher	Continues comments about selective levying of fines.
300	Chair Messerle	Closes public hearing on HB 2008 A. Advises that legislative counsel needs to work on amendments. Reopens work session on HB 2604 A.
HB 2604 A – WORK SESSION
310	Callens	Presents further explanation about dash-A3 amendment.
320	Sen. R. Beyer	MOTION: Moves to SUSPEND the rules for the purpose of amending the HB 2604 dash-A3 amendments.
325		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
330	Sen. R. Beyer	MOTION: Moves to amend the HB 2604-A3 amendments dated 5/4/01 by inserting “(C)” at the end of line 1, page 2.
340		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
345	Sen. R. Beyer	MOTION: Moves to ADOPT the amended HB 2604-A3 amendments dated 5/4/01.
350		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
360	Sen. R. Beyer	MOTION: Moves HB 2604A to the floor with a DO PASS AS AMENDED recommendation.
365		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
370	Chair Messerle	Closes work session on HB 2604 A. Opens public hearing on HB 2051B.
HB 2051 B – PUBLIC HEARING
380	Callens	Presents bill and dash-B14 amendments (EXHIBIT F).
TAPE 117, B
010	Jeff Kropf	Testifies in support with dash-B14 amendments.
015	Tom Rush	Corporation Division, Secretary of State. Testifies in support of bill with dash-B14 amendments.
025	Bruce Bishop	Testifies in support of the dash-B14 amendments and bill on behalf of Mr. Carnes, Executive Director, PRBA.
035	Chair Messerle	Closes public hearing on HB 2051 B. Opens work session on HB 2051 B.
HB 2051 B – WORK SESSION
040	Sen. R. Beyer	MOTION: Moves to ADOPT HB 2051-B14 amendments dated 5/3/01.
045		VOTE: 6-0 EXCUSED: 1 – Atkinson
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
050	Sen. R. Beyer	MOTION: Moves HB 2051B to the floor with a DO PASS AS AMENDED recommendation.
055		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 – Atkinson
057	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
060	Chair Messerle	Closes work session on HB 2051 B. Opens public hearing on HJM 20.
HJM 20 – PUBLIC HEARING
065	Callens	Presents bill and dash-1 amendments (EXHIBIT G).
080	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies support of bill. Testifies in opposition to the dash-1 amendments.
090	Duane Bales	Speaker’s office. Testifies in support of original bill. Testifies in opposition to the dash-1 amendments.
100	Arleigh Isley	Testifies in support and submits written testimony (EXHIBIT H). Testifies in opposition to the dash-1 amendments.
200	Isley	Continues.
300	Isley	Continues.
365	Vice-chair Shields	Asks about the human population of the canyon.
375	Isley	Explains and continues.
TAPE 118, A
025	Vice-chair Shields	Asks about the eagle habitat and population.
030	Isley	Responds.
035	Einav Shochat	Hells Canyon Preservation Council. Testifies in opposition to bill because of wording which misrepresents the intention of the Hells Canyon National Recreation Area Act. Submits written material with suggested changes (EXHIBIT I).
070	Gilly Lyons	Hells Canyon Preservation Council. Testifies in opposition to bill.
120	Sen. Deckert	Asks about the food source of the animal populations in the area.
130	Shochat	Responds and offers to provide additional information.
155	Vice-chair Shields	Asks about effect of change in food supply.
160	Shochat	Responds.
170	Chair Messerle	Closes public hearing on HJM 20. Opens work session on HJM 20.
HJM 20 – WORK SESSION
175	Sen. Burdick	MOTION: Moves to ADOPT HJM 20-1 amendments dated 4/17/01.
175	Sen. Burdick	VOTE: 3-4 AYE: 3 - Burdick, Deckert, Shields NAY: 4 - Atkinson, Beyer R, Fisher, Messerle
	Chair Messerle	The motion FAILS.
080	Sen. Atkinson	MOTION: Moves HJM 20 be sent to the floor with a BE ADOPTED recommendation.
185	Sen. Atkinson	VOTE: 4-3 AYE: 4 - Atkinson, Beyer R, Fisher, Messerle NAY: 3 - Burdick, Deckert, Shields
	Chair Messerle	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
190	Chair Messerle	Closes work session on HJM 20. Adjourns meeting at 10:11 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – HB 3634, written testimony, Gary Lynch, Dept Geology and Mineral Industries, 1 p

B – HB 3858, written testimony, Kristina McNitt, Oregon Water Resources Congress, 5 pp

C – HB 3858, written testimony, Lyle Umpleby, Powder Valley Water Control Dist, 2 pp

D – HB 3964, written testimony, Jim Carnes, Perennial Ryegrass Bargaining Assn, 2 pp

E – HB 2604, proposed dash-A3 amendments, staff, 2 pp

F – HB 2051, proposed dash-B14 amendments, staff, 2 pp

G – HJM 20, proposed dash-1 amendments, staff, 1 p

H – HJM 20, written testimony, Arleigh Isley, 6 pp

I – HJM 20, written testimony, Einav Shochat, Hells Canyon Preservation Council, 5 pp

J – SB 470, written testimony, James Lewis, City of Jacksonville, 3 pp

K – SB 470, written testimony, Phillip Fell, City of Eugene, 2 pp