HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 06, 2003   Hearing Room HR D

1:00 PM Tapes  37 - 38

 

MEMBERS PRESENT:            Rep. George Gilman, Vice-Chair

Rep. Kelley Wirth, Vice-Chair

Rep. Terry Beyer

Rep. Dave Hunt

Rep. Donna Nelson

Rep. Patti Smith

 

MEMBER EXCUSED:            Rep. Jeff Kropf, Chair

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 203A – Public Hearing

                                                SB 204    – Public Hearing

                                                SB 241A – Public Hearing

                                                SB 242A – 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 37, A

004

Vice-Chair Gilman

Calls the meeting to order at 1:09 PM and opens a public hearing on  SB 203A.

SB 203A – PUBLIC HEARING

010

Ray Kelly

Summarizes SB 203A.

017

Lori Makinen

Director, Veterinary Medical Examining Board.  Introduces herself and offers to answer questions.

033

Rep. Nelson

Asks about the status of the current director.

037

Makinen

States that she is currently serving as the chair.

043

Rep. Nelson

Asks if there is an expense contained in this bill.

047

Makinen

Responds that there is an expense of about $2500 per biennium.

052

Rep. Nelson

Asks for the primary purpose of this board.

054

Makinen

Responds that the primary purpose is to approve veterinarians.

055

Rep. Nelson

Asks what her credentials are.

060

Makinen

States her credentials.

063

Rep. Nelson

Asks about the makeup of the board.

064

Makinen

Notes the makeup of the board.

066

Rep. Smith

Asks why we need an increase.

068

Makinen

Responds to current expenses and that this they are standard across the nation.

072

Marcia Keith

Submits (EXHIBIT A) and testifies in support of SB 203A, as an increase of one member is warranted by the increase in workload.

095

Vice-Chair Gilman

Closes the public hearing on SB 203A and opens a public hearing on SB 204.

SB 204 – PUBLIC HEARING

110

Kelly

Summarizes SB 204.

116

Makinen

Introduces herself.

120

Keith

Submits (EXHIBIT B) and testifies in favor of SB 204.

123

Rep. Beyer

Asks how the Board supervises alternative veterinarians.

127

Makinen

Responds that the Practice Act doesn’t distinguish between traditional and alternative medical practices.

140

Vice-Chair Gilman

Asks Makinen how the Board carries on investigations.

143

Makinen

Goes over the process involved and the authority required.

171

Rep. Nelson

Asks if there is a difference between the words compel and require.

180

Makinen

States that she isn’t sure.

182

Kelly

Suggests that question to be directed to legislative counsel.

185

Rep. Smith

Asks what the problem is which the Board hopes to address.

191

Makinen

Responds that unlicensed practice of veterinary medicine is the problem.

215

Rep. Smith

Asks if advertising is the key.

219

Makinen

Expresses doubt that such is the case.

252

Rep. Nelson

Asks Makinen if she has any input to the board.

258

Makinen

Responds that she does play an active role.

265

Rep. Nelson

Asks for the differences in salary between the executives.

268

Makinen

Responds that no money is involved.

270

Rep. Nelson

Asks how many complaints the board gets and what the prevailing issue is.

275

Makinen

Replies that they get about ten to twelve complaints per month, mainly fee complaints.

291

Rep. Nelson

Asks how much the fees are.

294

Makinen

States that the Board does not regulate fees or business practices.

313

Rep. Nelson

States her concern to legislative counsel as to the word compel.

321

Charles Cheek

Explains the meaning of the legal consequences.

333

Rep. Nelson

Asks for more clarification on the difference of the words.

338

Cheek

Restates the legal consequences of the language.

347

Rep. Nelson

States that she seeks to avoid a misunderstanding with the language.

349

Cheek

Further clarifies the language.

362

Rep. Hunt

Asks if there are elements in this which deviate from the standard.

366

Cheek

Affirms that it’s standard.

377

Keith

Speaks in support of SB 204.

387

Vice-Chair Gilman

Closes the public hearing on SB 204 and opens a public hearing on    SB 241A.

 

SB 241A –PUBLIC HEARING

400

Ray Kelly

Summarizes SB 241A.

420

Chuck Craig

Submits (EXHIBIT C) and testifies in favor of SB 241A in order to extend the sunset provision to chapter 390.

TAPE 38, A

019

Craig

Continues testimony in support of SB 241A.

025

Dan Hilburn

Gives an example of how this legislation would work on a specific example of an orchard in a control area.

048

Rep. Nelson

Asks about responsibility assessment.

051

Hilburn

Confirms the responsibility for the damage assessment.

063

Rep. Hunt

Asks about the advantage of having a sunset date.

066

Hilburn

Mentions that he would prefer to eliminate the sunset altogether. but that the Christmas Tree Industry preferred it to ensure that the program is a good one before making it permanent.

077

Rep. Smith

Asks how control areas are determined.

080

Craig

Talks about the statutory process which is similar to the rule-making process.

097

Rep. Smith

Asks why agencies are exempt from the same rules as private citizens.

102

Craig

States that he doesn’t think they are exempt.

107

Hilburn

Speaks to control areas and notes that they do not always work.

123

Scott Ashcom

Oregon Agriculture Alliance.  Submits (EXHIBIT D) and testifies in favor of SB 241A in order to protect Oregon’s effective plant health and safety program. 

166

Shawn Miller

Pacific Northwest Christmas Tree Association.  Informs the committee that the Christmas Tree Association did get an amendment on the Senate side to extend the sunset another two years. States continued support for this program.

195

Rep. Hunt

States concern with the sunset provision and with sunset provisions in general. 

210

Miller

Responds as to the reasons for the sunset. 

240

Vice-Chair Gilman

Closes the public hearing on SB 241A and opens a public hearing on SB 242A

SB 242A - PUBLIC HEARING

250

Ray Kelly

Summarizes SB 242A.

261

Chuck Craig

Oregon Department of Agriculture (ODA).  Submits (EXHIBIT E) and testifies in support of SB 242A as necessary to certify entire processes.

292

John Szczepanski

Assistant Director ODA.  Speaks to the quality and distribution of Oregon agriculture.

331

Jim Cramer

Administrator, Commodity Inspection Program.  Speaks to their role in the certifying processes.

360

Rep. Nelson

Speaks to her concerns in defining science and the criteria for evaluation.  

375

Cramer

Speaks to the voluntary program where the company decides what steps need verification. Notes that the program is not regulatory. 

400

Rep. Nelson

States her concern about regulation and comparison. Wants to know how the rating system will be developed.

433

Cramer

Notes that they are not developing comparison standards.

TAPE 37, B

012

Rep. Nelson

Asks to see a concept as to how this project will be developed so that it’s not harmful.

022

Szczepanski

Addresses the key process matrices which have been developed by the United States Department of Agriculture.

038

Rep. Nelson

Asks for a copy of the rating system.

040

Craig

Explains that this is a verification system, not a rating system.

060

Rep. Nelson

Restates her serious concerns.

071

Szczepanski

Restates that these processes are largely in place already.

092

Rep. Smith

Confirms the voluntary nature of the program.

096

Rep. Nelson

Questions whether this program is a benefit to the producer.  Speaks to price-fixing and tainting of products.

112

Cramer

Reaffirms Rep. Nelson that this process is necessary in the marketplace. 

137

Gilman

Asks how we pay for this.

141

Kelly

Clarifies that SB 242 A has a referral to Ways and Means where the fiscal impact will be dealt with.

150

Szczepanski

Speaks to farmers’ reaction to bio-terrorism in Klamath Falls area. 

171

Lorna Walker

Speaks to the benefits of SB 242A, due to the possibility of contaminated foods.  Asserts the desire to have accountability in the process. 

220

Rep. Nelson

Asks Walker about the enforcement of these laws as they relate to farmers’ markets.

227

Walker

States that we are responding to all kinds of markets.

249

Rep. Nelson

Refers to standards already in place.

262

Walker

Understands that, but also speaks to the whole process and to the importance of monitoring.

274

Vice-Chair Gilman

Closes the meeting at 2:22 and adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

A – SB 203 A, written testimony, Marcia Keith, 1 p.

B – SB 204, written testimony, Marcia Keith, 1 p.

C – SB 241 A, written testimony, Chuck Craig, 1 p.

D – SB 241 A, written testimony, Scott Ashcom, 1 p.

E – SB 242 A, written testimony, Chuck Craig, 1 p.