SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

May 14, 2001 Hearing Room B

8:00 AM Tapes 119 - 121

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 2698 A – Public Hearing and Work Session

HB 2181 A – Public Hearing and Work Session

SB 470 – Work Session

HB 2967 B – Public Hearing and Work Session

HB 2978 A – Public Hearing and Work Session

HB 3147 A – Public Hearing and Work Session

HB 3363 A –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 119, A
005	Chair Messerle	Opens meeting at 8:09 a.m. Opens public hearing on HB 2698 A.
HB 2698 A – PUBLIC HEARING
010	Judith Callens	Committee Administrator. Presents bill.
020	Dave Barrows	Chemical Waste Management of the Northwest, Inc. Testifies in favor of bill.
040	Chair Messerle	Asks whether there is a site in Washington state.
041	Barrows	Responds.
045	Lauri Aunan	Department of Environmental Quality (DEQ). Testifies in favor.
047	Vice-chair Shields	Asks about cost of waste stream items.
048	Barrows	Responds.
050	Chair Messerle	Closes public hearing on HB 2698 A. Opens work session on HB 2698 A.

HB 2698 A – WORK SESSION
055	Sen. Atkinson	MOTION: Moves HB 2698A to the floor with a DO PASS recommendation.
060		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 – Burdick, Deckert
	Chair Messerle	The motion CARRIES. VICE-CHAIR SHIELDS will lead discussion on the floor.
075	Chair Messerle	Closes work session on HB 2698 A. Opens public hearing HB 2181 A.
HB 2181 A – PUBLIC HEARING
080	Callens	Presents bill and dash-A2 amendments (EXHIBIT AA).
100	Chuck Craig	Oregon Department of Agriculture (ODA). Testifies in favor and submits written testimony (EXHIBIT A).
125	Dan Hilburn	Administrator, Plant Division, ODA. Testifies in favor of bill.
185	Roy Elicker	Oregon Department of Fish and Wildlife (ODFW). Testifies in favor and submits written testimony (EXHIBIT B).
190	Sen. Atkinson	Asks why this is needed.
195	Hilburn	Explains.
200	Sen. Atkinson	Asks about future activities of commission, particularly screening.
205	Hilburn	Responds.
215	Craig	Responds to Sen. Atkinson’s question.
230	Stephen Kafoury	American Fisheries Society (AFS). Testifies as neutral and submits written testimony of Denny Lassuy (EXHIBIT C).
275	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies and raises concerns about defining invasive species.
301	Chair Messerle	Closes public hearing on HB 2181 A. Opens work session on HB 2181 A.
HB 2181 A – WORK SESSION
305	Sen. Atkinson	MOTION: Moves to ADOPT HB 2181A-2 amendments dated 5/11/01.
310		VOTE: 5-0 EXCUSED: 2 - R. Beyer, Burdick
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
315	Sen. Atkinson	Asks whether the measure must go to Ways and Means.
317	Callens	Responds.
320	Sen. Atkinson	MOTION: Moves HB 2181A to the floor with a DO PASS AS AMENDED recommendation.
325		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - R. Beyer, Burdick
	Chair Messerle	The motion CARRIES. SEN. MESSERLE will lead discussion on the floor.
330		Closes work session on HB 2181 A. Opens work session on SB 470.
SB 470 – WORK SESSION
335	Callens	Presents bill and dash-9 amendments (EXHIBIT BB).
375	Sen. Atkinson	Commends Eric Carlson and staff for working toward consensus.
380	Vice-chair Shields	Also commends Eric Carlson. Expresses surprise at fiscal because seems high.
405	Sen. Atkinson	MOTION: Moves to ADOPT SB 470-9 amendments dated 5/9/01.
410		VOTE: 7-0 EXCUSED: 2 - R. Beyer, Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
405	Sen. Atkinson	MOTION: Moves SB 470 to the floor with a DO PASS AS AMENDED recommendation.
430	Sen. Burdick	Comments about her no vote.
435	Vice-chair Shields	Advises the term church is deliberately not defined in the bill. Intent is that the term includes synagogue, mosque and other places of public worship.
440	Sen. Atkinson	VOTE: 5-1 AYE: 5 - Atkinson, Beyer R, Fisher, Shields, Messerle NAY: 1 – Burdick EXCUSED: 1 - Deckert
	Chair Messerle	The motion CARRIES. SEN. ATKINSON AND SEN. SHIELDS will lead discussion on the floor.
TAPE 120, A
005	Chair Messerle	Closes work session on SB 470. Opens public hearing on HB 2967 B.
HB 2967 B – PUBLIC HEARING
010	Callens	Presents bill and dash-A7 amendments (EXHIBIT CC).
035	Elicker	Testifies in favor.
060	John Thiebes	District Wildlife Biologist, Watershed Manager for Jackson, Josephine and Curry counties. Testifies in favor of bill.
095	Sally Mackler	Sierra Club, Humane Oregon. Testifies in opposition and submits written material (EXHIBIT F).
135	Sen. Burdick	Asks about cases where bears have been shot during reported described incidents, and whether there have been any prosecutions.
140	Thiebes	Responds.
145	Sen. Burdick	Asks why bears are in the bill.
150	Thiebes	Responds and explains.
160	Sen. Atkinson	Asks if ODFW tries to move problem bears.
165	Thiebes	Answers.
175	Chair Messerle	Closes public hearing on HB 2967 B. Opens work session on HB 2967 B.
HB 2967 B - WORK SESSION
180	Sen. Atkinson	MOTION: Moves to ADOPT HB 2967B-7 amendments dated 5/9/01.
200	Vice-chair Shields	Comments about the consensus process, and Governor’s approval.
225	Chair Messerle	Comments describing the parties to the work group.
230		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
235	Sen. Atkinson	MOTION: Moves HB 2967B to the floor with a DO PASS AS AMENDED recommendation.
240	Sen. Burdick	Comments that bears should not be included.
245	Vice-chair Shields	Comments about bear population, and intent to provide guidelines for ODFW.
250		VOTE: 6-1 AYE: 6 - Atkinson, Beyer R, Deckert, Fisher, Shields, Messerle NAY: 1 - Burdick
	Chair Messerle	The motion CARRIES. SEN. MESSERLE will lead discussion on the floor.
255	Chair Messerle	Closes work session on HB 2967 B. Opens public hearing on HB 2978 A.
HB 2978 A – PUBLIC HEARING
260	Callens	Presents bill, dash-A4 amendments, dash-A5 amendments, and dash-A6 amendments (EXHIBITS DD, EE, FF). Notes that HB 2458 will affect dash-A5 amendments and has passed house and senate.
315	Aunan	Testifies in support of bill with the dash-A4 amendments only. Submits written materials (EXHIBIT H).
355	Chair Messerle	Asks if DEQ has a position on dash-A5 amendments.
357	Aunan	Declines to speak to them.
365	Rep. Jan Lee	District 10. Testifies in favor of bill and dash-A5 amendments.
385	B.J. Smith	Government Relations Director, Clackamas County. Testifies in favor of bill and dash-A5 amendments. Describes HB 2458 as background.
400	Smith	Continues.
TAPE 119, B
010	Smith	Continues.
035	Mike Jordan	Clackamas County Commissioner. Testifies in favor of bill and dash-A5 amendments.
065	John Chandler	Oregon Building Industries Association. Testifies in favor of bill and dash-A6 amendments. No objection to dash-A4 and dash-A5 amendments.
105	Vice-chair Shields	Comments about the effects of the dash-A4 and dash-A5 amendments. Asks whether the bill has the right relating clause for these amendments, and whether there will be a problem with the single subject rule.
115	Chandler	Defers to Legislative Counsel.
120	Sen. Fisher	States he asked the question to legislative counsel about the dash-A4 amendments.
130	Chair Messerle	Closes public hearing on HB 2978 A. Opens work session hearing on HB 2978 A.
HB 2978 A – WORK SESSION
135	Sen. Fisher	MOTION: Moves to ADOPT HB 2978A-4 amendments dated 5/4/01.
140		VOTE: 6-0 EXCUSED: 1 – Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
145	Sen. Fisher	MOTION: Moves to ADOPT HB 2978A-5 amendments dated 5/8/01.
150		VOTE: 6-0 EXCUSED: 1 – Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
155	Sen. Fisher	MOTION: Moves to ADOPT HB 2978A-6 amendments dated 5/10/01.
160		VOTE: 6-0 EXCUSED: 1 – Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
165	Sen. Fisher	MOTION: Moves HB 2978A to the floor with a DO PASS AS AMENDED recommendation.
170	Vice-chair Shields	Asks if there is any input from 1000 Friends of Oregon.
180		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Messerle	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
185	Chair Messerle	Closes work session on HB 2978 A. Opens public hearing on HB 3147 A.
HB 3147 A – PUBLIC HEARING
195	Callens	Presents bill and dash-A2 amendments (EXHIBIT I). Presents conceptual amendment introduced by Sen. Messerle.
220	Elicker	Testifies in favor and submits written testimony (EXHIBIT J).
265	Thiebes	Testifies in favor of bill.
285	Paul Phillips	Oregonians for Responsible Wildlife Management. Testifies in favor of bill. Opposes dash-A2 amendments. In favor of adopting conceptual amendments mentioned by chair.
340	Sen. Burdick	Asks for definition of regular intervals for checking traps for predatory animals.
350	Phillips	Responds.
360	Sen. Burdick	Asks why the law should require all animal traps to be checked every 48 hours.
365	Phillips	Responds.
368	Sen. Burdick	Asks how long a predatory animal should suffer in a trap.
370	Phillips	Responds.
375	Sen. Burdick	Asks how the requirement that veterinarians must report animals injured by traps will be enforced.
380	Phillips	Explains.
400	Sen. Burdick	Asks whether the trappers should report the numbers of target and non-target animals caught.
405	Phillips	Elaborates.
TAPE 120, B
425/005	Sen. Deckert	Asks about gopher and mole issue. Inquires how checking at regular intervals can guarantee preventing cruelty.
020	Phillips	Responds and explains.
045	Sen. Deckert	Asks for ODFW input regarding regular interval checking, and whether a statute is needed instead of a rule.
050	Elicker	Responds.
065	Sen. Deckert	Inquires whether the task force will include all stakeholders.
070	Elicker	Explains.
075	Chair Messerle	Asks Roy Hemmingway whether the conceptual amendment is acceptable to the Governor’s office.
080	Roy Hemmingway	Governor’s Natural Resources Office. Testifies in favor of the conceptual amendment.
090	Mike Dykzeul	Oregon Forest Industries Council. Testifies in favor and submits written testimony (EXHIBIT K). Testifies in opposition to the dash-A2 amendments.
145	Hemmingway	Expresses no position on the dash-A2 amendments at this time.
155	Rod Harder	Oregon Sportsmen’s Defense Fund, National Trappers’ Association. Testifies in favor of bill and conceptual amendments. Testifies in opposition to the dash-A2 amendments.
195	Katie Cate	Oregon Cattlemen’s Association. Testifies in favor of bill. Opposes the dash-A2 amendments. Supports the conceptual amendments.
210	Ralph Saperstein	Boise Cascade. Testifies in support and submits written testimony of Tally Patton (EXHIBIT L).
240	Bob Gilman	Bob Gilman Forest Management. Testifies in favor and submits written testimony (EXHIBIT M). Responds to Sen. Burdick’s question about mandatory trap check at 48-hour intervals.
290	Pete Test	Oregon Farm Bureau Federation. Testifies in favor and submits written testimony (EXHIBIT N). Opposes dash-A2 amendments. Supports the conceptual amendment.
315	Sen. Deckert	Asks about other places that have banned trapping, and how they deal with the populations.
325	Gilman	Responds.
335	Test	Explains further about California.
340	Cate	Responds further.
360	Mackler	Sierra Club. Testifies in opposition and submits written testimony (EXHIBIT O). Supports the dash-A2 amendments.
TAPE 121, A
010	Mackler	Continues
050	Chair Messerle	Clarifies that volunteer trappers do sell pelts.
057	Mackler	Responds.
060	Roxanna Nematollahi	Humane Oregon. Testifies in opposition to bill as written. Submits written testimony of Michelle Blake (EXHIBIT P).
105	Kelly Peterson	Oregon Humane Society. Testifies in opposition to bill and submits written testimony (EXHIBITS Q, R). Testifies in favor of dash-A2 amendments.
145	Vice-chair Shields	Asks about comparison of the dash-A2 amendments to measure 97. Asks about cost of campaign for measure 97.
155	Peterson	Responds.
170	Jim Conley	Salem Audubon Society. Testifies in opposition and submits written testimony (EXHIBIT S).
240	Sen. Burdick	Asks about polling done before measure 97 campaign.
245	Peterson	Responds.
250	Sen. Burdick	Asks whether, if the dash-A2 amendments pass, there would be another ballot measure.
256	Peterson	Explains.
260	Sen. R. Beyer	Asks Conley who would enforce the dash-A2 amendments.
262	Conley	Defers.
265	Mackler	Responds.
275	Sen. R. Beyer	Asks about the fiscal statement on the dash-A2 amendments.
278	Callens	Responds.
280	Sen. R. Beyer	Asks whether opponents believe the trappers would reliably report about animals caught.
295	Peterson	Explains.
300	Sen. R. Beyer	Asks whether the use of hounds is a preferable selective method of control.
310	Conley	Responds.
335	Sen. R. Beyer	Comments that no one should assume ranchers can afford to pay for the control of animals which are now being trapped by volunteer trappers.
345	Chair Messerle	Closes public hearing on HB 3147 A. Opens work session on HB 3147 A.
3147 A – WORK SESSION
355	Judi James	Legislative Fiscal Office. Testifies about fiscal impact of the dash-A2 amendments.
380	Sen. Burdick	MOTION: Moves to ADOPT HB 3147A-2 amendments dated 5/11/01.
390	Sen. Deckert	Comments on his no votes on the dash-A2 amendments and the bill.
400	Sen. Burdick	Responds regarding her proposing the dash-A2 amendments.
420	Sen. Burdick	VOTE: 2-5 AYE: 2 - Burdick, Shields NAY: 5 - Atkinson, Beyer R, Deckert, Fisher, Messerle
	Chair Messerle	The motion FAILS.
430	Sen. R. Beyer	MOTION: Moves to SUSPEND the rules for the purpose of considering conceptual amendments to HB 3147 A.
435		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
440	Sen. R. Beyer	MOTION: Moves to AMEND HB 3147A as follows: On page 2, in line 2, after "Wildlife” delete the word "shall" and insert the word "may"; and On page 2, in line 2, after the word "staff" insert the word "as".
450		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
455	Sen. R. Beyer	MOTION: Moves HB 3147A to the floor with a DO PASS AS AMENDED recommendation.
460		VOTE: 4-3 AYE: 4 – Atkinson, Beyer R, Fisher, Messerle NAY: 3 – Burdick, Deckert, Shields
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
470	Sen. Burdick	Serves notice there will be a minority report.
475	Chair Messerle	Closes work session on HB 3147 A. Opens work session on HB 3363A.
HB 3363 A – WORK SESSION
480	Chair Messerle	Advises he will send this bill to the rules committee.
480	Sen. Atkinson	MOTION: Moves HB 3363A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the Senate Committee on Rules and Redistricting.
485		VOTE: 6-0 EXCUSED: 1 – Shields
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
490	Chair Messerle	Closes work session on HB 3363 A. Adjourns meeting at 10:28 am. Closes committee.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – HB 2181 A, written testimony, Chuck Craig, ODA, 2 pp

B - HB 2181 A, written testimony, Roy Elicker, ODFW, 1 p

C – HB 2181 A, written testimony, Denny Lassuy, American Fisheries Society, 3 pp

D – SB 470, written testimony, James W. Lewis, City of Jacksonville, 3 pp

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

F – HB 2967 B, written testimony, Sally Mackler, Sierra Club, 2 pp

G – HB 2967 B, written testimony, Jim and Linda Figurski, 1 p

H – HB 2978 A, written testimony, Lauri Aunan, DEQ, 1 p

I – HB 3147 A, proposed dash-A2 amendments, staff, 2 pp

J – HB 3147 A, written testimony, Roy Elicker, ODFW, 2 pp

K – HB 3147 A, written testimony, Mike Dykzeul, Oregon Forest Industries Council, 8 pp

L – HB 3147 A, written testimony, Tally Patton, Boise Cascade Corp., 2 pp

M – HB 3147 A, written testimony, Bob Gilman, Bob Gilman Forest Management, 3 pp

N – HB 3147 A, written testimony, Pete Test, Oregon Farm Bureau, 1 p

O – HB 3147 A, written testimony, Sally Mackler, Sierra Club, Humane Oregon, 1 p

P – HB 3147 A, written testimony, Michelle Blake, Humane Oregon, 5 pp

Q – HB 3147 A, written testimony, Kelly Peterson, Humane Society, 4 pp

R – HB 3147 A, written testimony, Kelly Peterson, Humane Society, 1 p

S – HB 3147 A, written testimony, Jim Conley, Salem Audubon Society, 1 p

T – HB 3147 A, written testimony, Nettie Schwager, 1 p

U – HB 3147 A, written testimony, Susan Hansen, 1 p

V – HB 3147 A, written testimony, Lester Bass, 1 p

W – HB 3147 A, written testimony, Jim and Linda Figurski, 1 p

X – HB 3147 A, written testimony, Berry Snitkin, 1 p

Y – HB 3363 A, written testimony, Jim and Linda Figurski, 1 p

Z – HB 3363 A, written testimony, Sally Mackler, Sierra Club, 2 pp

AA – HB 2181 A, proposed dash-A2 amendments, staff, 1 p

BB – SB 470, proposed dash-9 amendments, staff, 3 pp

CC – HB 2967 B, proposed dash-A7 amendments, staff, 1 p

DD – HB 2978 A, proposed dash-A4 amendments, staff, 3 pp

EE – HB 2978 A, proposed dash-A5 amendments, staff, 2 pp

FF – HB 2978 A, proposed dash-A6 amendments, staff, 1 p