HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

January 23, 2003 Hearing Room D

1:00 PM Tapes 7 - 8

MEMBERS PRESENT: Rep. Jeff Kropf, Chair

Rep. George Gilman, Vice-Chair

Rep. Elizabeth Terry Beyer

Rep. Dave Hunt

Rep. Donna Nelson

Rep. Patti Smith

MEMBER EXCUSED: Rep. Kelley Wirth, Vice-Chair

STAFF PRESENT: Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

MEASURES HEARD: HB 2200 – Public Hearing and Work Session

HB 2195 – Public Hearing

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 7, A
005	Chair Kropf	Calls meeting to order at 1:11 PM and opens a public hearing on HB 2200.
HB 2200 – PUBLIC HEARING
028	Charlie Stone	Assistant State Forester Protection Division. Submits (EXHIBIT A) and provides testimony in support of HB 2200, as it would reform liability for fire fighters.
071	Chair Kropf	Asks if there have been previous problems which are related to this legislation.
073	Stone	States that this is more an issue of prevention and protection.
087	Chair Kropf	Recaps that this legislation would bring wildland fire fighters and private non-profit protection agencies under the umbrella of the tort liability act.
092	Stone	Confirms that it would.
097	Chair Kropf	Asks what statute this falls under.
099	Stone	Responds that tort claims liability is ORS number 30.270.
100	Rep. Smith	Asks whether we presently have protection for fire fighters.
101	Stone	Replies that they are, but that it doesn’t extend to the association fire fighters.
108	Chair Kropf	Recaps that willful neglect or disobedience would not exempt the fire fighting associations from liability.
113	Stone	Affirms that Chair Kropf is correct.
121	Ray Wilkinson	Oregon Forest Industries Council (OFIC). Testifies in support of HB 2200, which would eliminate unnecessary obstacles to fire fighting.
155	Chair Kropf	Comments that this bill would not impact the federal Endangered Species Act (ESA). Asks whether the Oregon ESA would be impacted.
174	Wilkinson	Replies that he doesn’t believe that this would be a problem, but the issue hasn’t been discussed.
196	Chair Kropf	Closes the public hearing on HB 2200, and opens a work session on HB 2200.
HB 2200 – WORK SESSION
198	Rep. Smith	MOTION: Moves HB 2200 to the floor with a DO PASS recommendation.
241		VOTE: 6-0 EXCUSED: 1 - Wirth
	Chair Kropf	Hearing no objection, declares the motion CARRIED. REP. NELSON will lead discussion on the floor.
246	Chair Kropf	Closes the work session on HB 2200 and opens a public hearing on HB 2195.
HB 2195 – PUBLIC HEARING
272	Ray Kelly	Summarizes HB 2195.
283	Clark Seely	Oregon Department of Forestry (ODF). Testifies and submits (EXHIBIT B) in support of HB 2195 as it provides revenue for ODF and the Oregon State University (OSU) College of Forestry forest research lab.
372	Rep. Nelson	Asks the witness to walk us through the financial formula.
374	Seely	Responds as to how ODF arrives at their financial figures.
404	Rep. Nelson	Asks what the ending balance was for the past biennium.
406	Seely	States that they had $400,000 in harvest tax revenue which was carried forward to the present biennium.
TAPE 8, A
114	Rep. Nelson	Asks if this money is used entirely by ODF.
120	Seely	Responds that it is used by ODF and OSU
126	Rep. Nelson	Asks if the difference during this biennium will be greater or lesser.
131	Seely	Offers that economists estimate a slight increase in harvest volume. States expectations for the upcoming biennium.
166	Chair Kropf	Asks if ODF anticipates the projections to stay the same even if the federal government implements the Clinton management plan.
171	Seely	Refers to (EXHIBIT B) in explaining that the projections have taken the federal government’s action into account.
192	Rep. Nelson	Asks if there’s any hope that we’ll effectively deal with old growth timber.
200	Seely	Replies that the old growth issues generally fall under federal jurisdiction. Also addresses bureaucratic difficulties in the system.
230	Rep. Hunt	Asks for confirmation regarding the $400,000 figure.
234	Seely	Replies that the figure is from the previous biennium. Reiterates that ODF expects that number to stay fairly static.
244	Rep. Hunt	Asks if ODF has a specific target while budgeting and how they arrive at their goals.
247	Seely	Responds to Rep. Hunt’s budgetary concerns.
265	Rep. Hunt	Asks if the value has fluctuated over the years or remained static.
269	Seely	Responds that it has not fluctuated greatly.
279	Rep. Nelson	Asks what the volume of timber was that we lost in the fires last year.
289	Seely	Responds that he really doesn’t really know, but will respond back to the committee with some broad figures.
295	Chair Kropf	Asks how much money we lost in the last biennium regarding to the amount of timber lost.
324	Seely	States that he will find those figures, although they will be fairly rough.
333	Rep. Nelson	Asks what kind of budgetary increase we will need to effectively fight fires for the upcoming biennium.
342	Seely	States belief that we’re at a level of protection less than they have had in past years with present reductions and will ask for a general fund increase of perhaps $2,000,000.
372	Rep. Nelson	Asks again what the total required will be.
374	Seely	Replies that they will be asking for $16,000,000 for the fire protection program.
384	Chair Kropf	States that the extensive loses in recent fires is a good argument for keeping the level of funding high.
TAPE 7, B
008	Rep. Nelson	Asks if we have any uncollectables from land owners.
010	Seely	States that the forest patrol assessments are collected along with their property taxes.
023	Ray Wilkinson	Testifies in support of HB 2195-a perennial bill which comes up every biennium.
059	Rep. Nelson	Asks if this figure is high relative to the past.
062	Wilkinson	Responds that it is a little high, but that it’s been high in the past. Gives recent overview.
071	Chair Kropf	Closes the public hearing and adjourns meeting.

EXHIBIT SUMMARY

A – HB 2200, written testimony, Charlie Stone, 2 pp.

B – HB 2195, written testimony, Clark Seely, 4 pp.