HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

February 25, 2003   Hearing Room D

1:00 PM Tapes  31 - 32

 

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

 

 

MEASURE/ISSUES HEARD:            HB 2203 – Work Session

                                                HB 2634 – 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 31, A

004

Chair Kropf

Calls the meeting to order at 1:09, and opens a work session on          HB 2203.  

HB 2203 – WORK SESSION

 

Invited testimony

 

017

Brendan McCarthy

Legislative Council.  Testifies as to the ramifications and the rationale of the -2 amendments (EXHIBIT A) which supercede the -1 amendments (EXHIBIT B).

054

Chair Kropf

Asks McCarthy and Pete Norkoveck to go through the language of the amendment from the -1 to the -2. 

061

McCarthy

Explains the effects of the -2 amendments. 

087

Chair Kropf

Asks Norkoveck how the amendments fit in with the aims of the legislation.

089

Pete Norkoveck

Oregon Department of Forestry (ODF).  Explains that these amendments make the bill more accessible for the maximum benefit of the greatest number of people. 

113

Rep. Gilman

Asks for a list of those which ODF has sent demand letters to and a summary of what occurred.

118

Norkoveck

States that he can do this, but that there will be some overlap.

124

Rep. Smith

Asks Norkoveck what he means when he talks about confused jurors. 

127

Norkoveck

Responds to Rep. Smith as to the cost issues, discretionary decisions, and the juries’ confusion in what they are reconciling.

177

McCarthy

Reemphasizes that the -2 amendments are meant to clarify the issue. 

190

Rep. Gilman

Asks how soon ODF can get the aforementioned figures.

197

Norkoveck

States that he will get the answers within a few days.  Explains the privacy issues involved. 

215

Chair Kropf

Asks Norkoveck to provide copies for all members by the end of the week. 

229

Rep. Smith

Requests another public hearing on HB 2203. 

231

Chair Kropf

Agrees that another hearing will be necessary.

239

Jim Geisinger

Executive Vice-President, Associated Oregon Loggers.  Shares concerns with the proposed legislation.  Affirms that he doesn’t believe that any one agency should be beyond questioning. 

280

Glen Stonebrink

Oregon Cattlemen’s Association.  Submits (EXHIBIT C) and asks the committee to reject HB 2203.  Believes that a burden of proof is very important to the process and this legislation would compromise that. 

314

Chair Kropf

Expresses concern that as a firefighter, it is difficult to have to be 100% correct all the time and be scrutinized by the public.  Hints that this principle should perhaps apply here. 

341

Geisinger

States that that is the nature of the system.  This bill is for cases of negligence and that this bill is about individuals’ rights to question a decision by a state agency.

363

Stonebrink

Believes that the issue here is the cost incurred in this process and not allowing people to question the decision.

410

Chair Kropf

Asks if any compromise is possible on this bill.

417

Stonebrink

States that he doesn’t believe so.

TAPE 32, A

003

Rep. Smith

Asks witnesses if they know of other agencies which have this authority.

011

Geisinger

Replies that he doesn’t.

012

Stonebrink

Replies that he doesn’t.

014

Rep. Hunt

Reaffirms Chair Kropf’s concerns regarding court costs.  Asks if there might be a compromise which might minimize court cases.

020

Geisinger

Asserts that ultimately, court costs are unavoidable.

030

Stonebrink

Recommends that perhaps a review process might help with the problem.

045

Rep. Beyer

Asks if Chair Kropf wants to bring this bill back for a public hearing.

048

Chair Kropf

Believes that we probably must if the public keeps coming forward with thoughts and concerns. 

053

Rep. Beyer

Asserts her belief that we need to examine the issue further.

057

Chair Kropf

Closes the work session on HB 2203 and opens a public hearing on   HB 2634

HB 2634 – PUBLIC HEARING

060

Ray Kelly

Explains HB 2634.

071

Chair Kropf

As chief sponsor of this bill, submits (EXHIBIT D) and explains the reason for this bill. 

093

Jean Wilkinson

Associate Director of Governmental Affairs, Oregon Farm Bureau.  Testifies in support of HB 2634 on the behalf of the farming community.

112

Chair Kropf

Asks Wilkinson if SMV signs would be necessary if the vehicles are not licensed,

117

Wilkinson

States her belief that it would be important.

122

Chair Kropf

Asks if it would be likely that a farmer would grade the county road.

126

Wilkinson

States that that would be illegal and highly unlikely.

127

Rep. Beyer

Asks if a grader is standard equipment.

133

Wilkinson

Replies that graders are standard equipment and commonly owned by farmers.

137

Rep. Beyer

Asks whether these graders are commonly licensed.

140

Wilkinson

Responds that road graders are considered farm machinery, and thus not subject to licensing.

144

Rep. Nelson

Asks about liability and law violations in regard to farm machinery.

174

Doug Tindall

Oregon Department Of Transportation (ODOT).  Clarifies that she may be liable, although not necessarily illegal.

195

Chair Kropf

Closes the public hearing on HB 2634, and adjourns the meeting at 1:50 PM.

 

 

EXHIBIT SUMMARY

 

A – HB 2203, -2 amendments, staff, 1 p.

B – HB 2203, -1 amendments, staff, 1 p.

C – HB 2203, written testimony, Glen Stonebrink, 1 p.

D – HB 2634, written testimony, Representative Jeff Kropf, 3 pp.