HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

February 13, 2003   Hearing Room HR D

1:00 PM  Tapes 25 - 26

 

MEMBERS PRESENT:            Rep. Jeff Kropf, Chair

Rep. George Gilman, Vice-Chair

Rep. Kelley Wirth, Vice-Chair

Rep. Terry Beyer

Rep. Dave Hunt

Rep. Donna Nelson

Rep. Patti Smith

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 2209 - Public Hearing

                                                HB 2241 - 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 25, A

003

Chair Kropf

Calls the meeting to order at 1:12 and opens a  public hearing on        HB 2209. 

HB 2209 – PUBLIC HEARING

026

Ray Kelly

Explains HB 2209.

037

Ron Anglin

Wildlife Division Administrator, Oregon Department of Fish and Wildlife (ODFW).  Submits (EXHIBIT A) in support of HB 2209 which is designed to give ODFW the ability to take wildlife from the area in order to deal with disease control.

061

Rep. Nelson

Asks the witness to confirm that this legislation is effective only for wildlife and not for private property.

064

Anglin

Responds that the case of enforcement on private property could only come about with the consent of the owner.

073

Rep. Nelson

Asks if ODFW will be contracting aircraft or whether they have their own. 

075

Anglin

States that ODFW doesn’t own any aircraft.

081

Rep. Nelson

Asks if they might consider using military aircraft. 

084

Anglin

Responds that military craft in not suitable for their needs.

092

Rep. Hunt

Asks if ODFW is supportive of the upcoming amendments.

094

Anglin

States that they are.

100

Rep. Nelson

Asks if there is any money designated for flight in ODFW’s budget. 

105

Anglin

Responds that there isn’t.  States that this would come from their general fund. 

115

Rep. Nelson

Asks if they have a plan in the event of a terrorist act.

126

Anglin

States that he’d be happy to discuss that with Rep. Nelson.

132

Chair Kropf

Remarks that the state veterinarian has a rapid response team which could be used to address an outbreak.

137

Rep. Wirth

Asks what is encompassed in the definition of wildlife management activities. 

141

Anglin

Points to disease management as an example of the term.  Also refers to research techniques.

160

Rep. Wirth

Asks if substituting the words no person shall to a person shall not changes the meaning of the statute.

173

Anglin

States the legal reasons behind substituting the new language.

178

Martin Taylor

Sierra Club of Oregon.  Gives the perspective of the Sierra Club on      HB 2209.  Points out previous concerns with this bill, but affirms that they’ve overcome these concerns and wholeheartedly support HB 2209. 

223

Rep. Wirth

Asks if the aforementioned language in the amendment waters down the bill.

231

Taylor

States that he really does not know, not having a legal background. 

236

Rep. Wirth

Asks if the remaining language would allow ODFW to do their job effectively.  

243

Taylor

Emphasizes his support for ODFW’s agenda. 

270

Chair Kropf

Hands out the -1 amendments (EXHBIT B).

276

Ray Kelly

Discusses the -1 amendments to HB 2209. 

300

Taylor

Affirms that the Sierra Club is comfortable with the proposed amendments.

315

Chair Kropf

Asks Taylor if the Sierra Club has a problem with allowing ODFW to conduct wildlife management and scientific research activities.

321

Taylor

Reiterates that he has no concern and supports the wording. 

330

Rep. Nelson

Voices her concern with the amendments.  Asserts  that the word tracking should be included along with hunting. 

367

Taylor

Underscores his understanding that ODFW already has the authority to track. 

379

Anglin

Confirms that ODFW already has the jurisdiction to track, in response to the concerns of Rep. Nelson.

396

Rep. Nelson

Inquires as to whether ODFW is really doing research when they kill an elk. 

402

Anglin

Responds to the rare instances in which they would have to take such action.

TAPE 26, A

002

Rep. Hunt

Asks Anglin to confirm the wording in the amendment.  

008

Anglin

Confirms Rep. Hunt’s assertion.

014

Rep. Hunt

Asks for clarification on the language on Lines 3-12

018

Taylor

Replies that the language precludes other uses.

026

Chair Kropf

Reasserts that ODFW’s mission is broader than just scientific research.  States concern with constraining ODFW through restrictive language in the bill. 

037

Anglin

Reaffirms that ODFW finds the language to be acceptable. 

041

Rep. Nelson

Asks who included the language in the first place. 

044

Anglin

Affirms that ODFW drafted the language.

045

Rep. Nelson

Suggests alternate language for the bill.

050

Anglin

States that they wouldn’t necessarily object to that language, but that the present language is designed to remove some of the potential controversy from the bill.

059

Rep. Nelson

Also asserts that language on relocation should be included in the bill.

078

Anglin

Expresses appreciation for her concern.  States confidence that there would be no problem conducting such operations. 

088

Chair Kropf

Asks for a definition of what wildlife management activities entail.

094

Anglin

Responds to the specific direction inherent in rules.

103

Chair Kropf

States concern that the wording of the amendment could lead to a further legislative quagmire.          

127

Anglin

Affirms that possibility.

130

Rep. Wirth

Points out the definition of the word manage in ORS 496.004

140

Ray Kelly

Looks to clarify the definition of wildlife management from the ORS. 

195

Rep. Nelson

States a hypothetical situation and states opposition to this amendment.  Restates her opinion as to what she believes the amendment should say.

238

Anglin

States the reasons for the necessity of the eight-hour clause in this legislation. 

273

Rep. Nelson

Rephrases what she believes Line 7 should say. 

304

Al Elkins

Oregon Hunters Association.  Also questions the language in the amendment.  Asserts that conducting scientific research is not significant. 

336

Chair Kropf

Asks  Elkins if he believes that the language, conducting wildlife activities might actually prevent those activities from taking place.

340

Elkins

Replies that the term is too vague

360

Rep. Hunt

Believes that the protecting wildlife clause would address the problem.  Asks if there is something that would not be covered in this definition.

371

Elkins

Restates his discomfort regarding scientific research fitting both A and B.

388

Chair Kropf

Asks for a clarification on Line 11.

400

Brendan McCarthy

Legislative Council.  Believes that A and B fall under the umbrella of scientific research.

TAPE 25, B

001

Rep. Wirth

Asks if she is correct in understanding the intent of the amendment.

017

McCarthy

Refers to Line 19 and confirms Rep. Wirth’s assumption. 

025

Rep. Nelson

Reaffirms her belief that this statute does not allow for a myriad of important rights for ODFW. 

070

McCarthy

Restates the general meaning and genesis of the bill in response to Rep. Nelson’s concern.          

082

Elkins

Restates the Oregon Hunter’s concern with the scientific research provision. 

094

Chair Kropf

Asks for all parties to accommodate these concerns and bring the bill back when those concerns have been addressed.  Closes the public hearing on HB 2209 and opens a public hearing on HB 2241.

HB 2241 – PUBLIC HEARING

109

Ray Kelly

Explains HB 2241.

116

Lori Makinen

Veterinary Medical Examining Board.  States that this is merely a housekeeping bill and  that they’ve been autonomous from DHS since 1975.

134

Chair Kropf

Asks the witness to confirm the true intention of this bill.

138

Makinen

Confirms the intention.

140

Rep. Hunt

Asks if there will be any fiscal impact on the bill.

144

Makinen

Responds that there should be no conflict or expenditure.

151

Ray Kelly

Attests to a minimal expenditure from legislative fiscal.

155

Rep. Nelson

Asks where the money will come from to pay for this.

160

Makinen

States that there is no money involved.  Affirms that the veterinarians are self-sufficient.

169

Rep. Nelson

Asks the witness to define the practice of veterinarian science.

178

Makinen

Describes the make up of the board of directors.

186

Rep. Nelson

Asks for clarification on veterinarians.

194

Chair Kropf

Closes the public hearing on HB 2241 and opens a work session on  HB 2241.  Smith moves with Do Pass.

HB 2241 - WORK SESSION

200

Rep. P. Smith

MOTION:  Moves HB  2241 to the floor with a DO PASS recommendation.

205

Rep. Beyer

Asks to put HB 2241 on the consent calendar.

207

Rep. Smith

Withdraws motion.

209

Rep. P. Smith

MOTION:  Moves HB  2241 be placed on the CONSENT CALENDAR.

213

 

VOTE:  7-0

214

Chair Kropf

Hearing no objection, declares the motion CARRIED.

215

Chair Kropf

Closes the public hearing on HB 2241 and adjourns the meeting at 2:35.

EXHIBIT SUMMARY

 

A – HB 2209, written testimony, Ron Anglin, 2 pp.

B – HB 2209, -1 amendment, staff, 1 p.