HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

April 17, 2003 Hearing Room D

1:00 PM Tapes  67 – 70

 

 

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 2769 – Public Hearing

                                                HB 2893 – Work Session

                                                SB 291 – Work Session

                                                HB 3126 – Work Session

                                                HB 3252 – Work Session

                                                HB 3549 – 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 67, A

003

Chair Kropf

Calls the meeting to order at 1:20 and opens a public hearing on         HB 2769.

PUBLIC HEARING

020

Rep. Floyd Prozanski

Submits (EXHIBIT A) and speaks in favor of HB 2769 supporting industrial hemp.  Illustrates the benefits of industrial hemp and the inconsistencies with public policy for this industrial crop.

164

Chair Kropf

Asks Prozanski how the marijuana issue is avoided in Canada.

170

Rep. Prozanski

Speaks to safeguards, regulations, and access to the plants.

185

Chair Kropf

Asks about cross-pollination vis-à-vis THC.

188

Rep. Prozanski

States that it might be possible, but asserts that due to the sheer size of the crop, cross-pollination would be more likely to favor industrial hemp.

197

Rep. Hunt

Asks about the order of the various stages.

204

Rep. Prozanski

Speaks to Oregon’s agricultural heritage and potential.

222

Rep. Nelson

Asks what country is number one in hemp production.

231

Rep. Prozanski

States that he’s not sure who is the world leader, but cites Western European countries, China, and Canada as major producers.

238

Rep. Nelson

Asks about hempen products.

241

Rep. Prozanski

Identifies various products.

246

Rep. Nelson

Asks where the auto parts are produced.

250

Rep. Prozanski

States that he’s not sure, but believes that Germany is one place.

258

Rep. Nelson

Asks about the environmental impact.

261

Rep. Prozanski

Speaks to environmental benefits of industrial hemp. 

275

Rep. Nelson

Asks how hemp is harvested

280

Rep. Prozanski

Speaks to the harvesting of industrial hemp.

297

Rep. Nelson

Asks if it’s legal to import hempen products.

302

Rep. Prozanski

Replies that we are able to.

310

Chair Kropf

Asks about the market for hempen products.

322

Rep. Prozanski

Notes that there is a market for such products.

333

Chair Kropf

Asks if the market for hempen products is expanding or contracting.

335

Rep. Prozanski

Responds that the market is expanding.

352

Chair Kropf

Asks once again about world-wide trends.

357

Rep. Prozanski

Speaks to the economics of the product.

374

Rep. Nelson

Asks what kind of economic impact hemp could have.

384

Rep. Prozanski

States that not many studies have been conducted, thus it is difficult to ascertain.  Once again addresses markets for hempen products.

418

Rep. Nelson

Asks why the crop is referred to as industrial hemp.

427

Rep. Prozanski

Notes that it is to distinguish itself from marijuana.

432

Ray Kelly

Clarifies the differences between various hempen uses.

TAPE 68, A

021

Chair Kropf

Closes the public hearing on HB 2769 and opens a work session on     HB 2893.

 

 

 

HB 2893 – WORK SESSION

028

Rep. Phil Barnhart

Submits -1 amendments (EXHIBIT B) in hopes of addressing some of the concerns about the original bill.  Gives the difference between the two versions. 

030

Rep. Smith

Asks about the opposition to HB 2893.

033

Rep. Barnhart

Addresses the three categories of opposition to HB 2893.

058

Rep. Hunt

MOTION:  Moves to ADOPT HB  2893-1 amendments dated 4/11/03.

060

Rep. Nelson

Asks about the -1 amendments as they relate to first amendment rights and asks for clarification of the bill. 

074

Kelly

Summarizes the effects -1 amendments.

098

Rep. Nelson

Asks Mr. Reed about the effects of the -1 amendments.

105

Mark Reed

Gives further clarification into the -1 amendments.  

152

Ray Kelly

Committee Administrator.  Notes a correction in a prior assertion regarding Reed’s lawsuit against the board.

 

 

VOTE:  7-0

161

Chair Kropf

Hearing no objection, declares the motion CARRIED.

162

Rep. Hunt

MOTION:  Moves HB 2893 to the floor with a DO PASS AS AMENDED recommendation.

165

Rep. Beyer

Expresses concerns about this legislation, but states that she will vote for it nevertheless.

169

Rep. Gilman

States that he will vote no as he believes that the problem has already been sufficiently addressed.

178

 

VOTE:  5-2

AYE:               5 - Beyer, Hunt, Nelson, Wirth, Kropf

NAY:               2 - Gilman, Smith P.

181

Chair Kropf

The motion CARRIES.

REP. BARNHART will lead discussion on the floor.

183

Chair Kropf

Closes the work session on HB 2893 and opens a work session on         SB 291.

SB 291 – WORK SESSION

200

Senator Ferrioli

Speaks to the first few versions of amendments to this bill, none of which are sufficient to pass.  Notes that LCDC supports the grandfathering in the currently-licensed facilities.

290

Chair Kropf

Asks for clarification on the safety buffers.

297

Senator Ferrioli

Addresses the safety buffer issue with regard to the statutes.

313

Rep. Wirth

Asks how they arrived at the three mile separation.

317

Senator Ferrioli

Addresses the three mile separation.

343

Ron Eber

Department of Land Conservation and Development (DLCD).  Affirms full support for SB 291 and the amendments being drafted.  Speaks to hunting preserves in relation to this bill. 

371

Ron Anglin

Oregon Department of Fish and Wildlife (ODFW).  States that ODFW would support Senator Ferrioli’s amendments.  

388

Matt Cyrus

Deschutes County.  Expresses full support for SB 291.  Addresses the county approval process and licensing.

430

Jean Underhill Wilkinson

Representing Family Farm Membership.  Introduces her parents, Buck and LaVelle Underhill and speaks in favor of SB 291.

450

Lavelle Underhill

Submits (EXHIBITC) and speaks in opposition to SB 291 as it is written. Urges an amended version to follow.  Speaks for fellow farmers who are likewise affected by this legislation.  

TAPE 67, B

010

Underhill

Continues testimony in opposition to SB 291.  Addresses concerns of the residents east of Mt. Hood.

055

Buck Underhill

Submits (EXHIBIT D) - a preferred amendment and refers to it in testifying in favor of a buffer for the game preserve.

068

Chair Kropf

Reaffirms his understanding of the Underhills’ sentiments.

073

L. Underhill

Asserts that the problem is much more widespread than that addressed  by Senator Ferrioli.

091

Ron Eber

Speaks to the bill and offers clarification. Cites ORS passages and what they permit. 

120

Chair Kropf

Asks if the language was adopted, whether it would be consistent with the intent of the ORS.

126

Eber

Affirms that it seems that it would clarify and be consistent. 

141

B.Underhill

States that he has requested considerations and has been rejected.

145

Chair Kropf

Notes that perhaps the rejection was because there was no authority to intervene.

147

L. Underhill

Notes that their proposal would address this occurrence in the future.

153

Chair Kropf

Expresses concern that the word shall might create a burden on the counties.

155

L. Underhill

Speaks to the buffer and its effect on the buffer.

183

Chair Kropf

Believes that counties already have the authority to do this.

187

L. Underhill

States that it should be written in statute clearly and understandably in the statutes.

194

Rep. Nelson

Asks Eber’s licensing authority.

197

Eber

Clarifies his jurisdiction.

202

Rep. Nelson

Asks who issues permits.  Expresses safety concerns.

216

Ron Anglin

Addresses the permitting process.

224

Rep. Nelson

Readdresses the question with concern for people and livestock.

237

Anglin

Addresses land use planning and actions.

285

Chair Kropf

Asks about conditional authority.

287

Anglin

Notes that ODFW does not  have the authority to issue a conditional permit and that the county issues conditional permits.

300

Rep. Nelson

Asks the cost of a permit and where the money goes.

305

Anglin

Replies that he is not sure how much it costs.  Notes that the money goes into the department and does not cover the costs of the program.

325

Wilkinson

Makes it clear that OFB is not involved in this legislation. Speaks to the need for buffers.

350

George Dern

Wildlife Rancher, Sweet Home.  Submits (EXHIBIT E) and speaks in opposition to mandatory buffers which should be up to the individual owner.  States that a 200-yard buffer would damage his business. 

TAPE 68, B

002

Rep. Wirth

Asks for clarification on the voluntary buffer. 

017

Keith Cyrus

Deschutes County Planning Commission.  Testifies in favor of the grandfathered exemption.

037

Chair Kropf

Closes the work session on SB 291.

041

Rep. Wirth

Asks for clarification from the counties who denied the permit before the next hearing.

044

Chair Kropf

Agrees with Rep. Wirth’s request and also states that he would d like Senator Ferrioli to clarify his testimony.  Opens a work session on    HB 3126.

HB 3126 WORK SESSION

053

Chair Kropf

Introduces the -2 amendments (EXHIBIT F) to HB 3126.

065

Rep. Greg Smith

Testifies in favor of HB 3126.  Also attempts to address the concerns of those against the bill.  Asserts that the legislation it is not intended to override the Endangered Species Act (ESA).

090

Rep. Hunt

Asks about ODFW’s opinion on HB 3126.

094

Chair Kropf

States that ODFW will probably not want to address the issue.

102

Rep. Hunt

Asks what legal council’s opinion on the amendments is and whether the amendments dovetail with existing laws.

113

Roy Elicker

Assistant to the Director, Government Affairs, ODFW. States that according to Jim Myron in governor’s office, the Governor opposes legislation dealing with wolves and is worried about landowner confusion. 

140

Rep. Wirth

Asks for clarification that there is no verifiable evidence of grey wolves existing within the State of Oregon.

148

Elicker

Affirms that is the case.

155

Chair Kropf

Notes three incidents of stray wolves from Idaho.

159

Rep. Wirth

Asks about the Predator Control Program.

162

Anglin

Speaks to the program.

168

Rep. Wirth

Asks if the landowners would be eligible for compensation under the predator control program with regard to the grey wolf.

173

Anglin

Notes that the state has no compensation package. 

180

Rep. Wirth

Asks what the appropriated funds go towards.

185

Anglin

States that he’s not sure of the funds.  Addresses contributed funds.

200

Rep. Wirth

Asks about the higher costs for predator control.

213

Anglin

Notes that ODFW contributes a flat fee to wildlife services for predator control.

216

Chair Kropf

Offers his clarification.

229

Rep  Hunt

Asks about the intent of the bill as amended and the authority it would give ODFW, which they don’t already have.

247

Elicker

States that ODFW is working with Rep. Jenson.

260

Rep. Hunt

Asks about authority they don’t already have.

265

Elicker

Doesn’t believe that HB 3126 changes the statute or practice with regard to wolves.

280

Glen Stonebrink

Oregon Cattlemen Association (OCA).  Notes alleged inconsistencies with the opposition.  Notes that wolves have better constitutional rights than humans and doesn’t believe that should be.

311

Chair Kropf

Adds that he’d be happy to pull the bill back into committee if need be.

315

Rep. Beyer

Speculates on the ESA listing.

331

Chair Kropf

Gives his interpretation on ESA listing.

340

Stonebrink

Reaffirms Chair Kropf’s interpretation.

380

Beyer

Asks if the goal will be reached with or without the ESA in eftect.

383

Stonebrink

States that he doesn’t know if their concerns will be addressed.

389

Chair Kropf

Asks about management plans for species on the ESA and the grandfathering of the species.

402

Anglin

States that those grandfathered in are not required to develop a management plan.  Notes that there are twenty-eight or twenty-nine species on the list.

422

Rep. Beyer

Asks why wolves are atop the ESA list.

430

Anglin

States that ODFW believes that as long as wolves are present in Idaho, more will cross into Oregon.  Speaks to delisting and regulations in the State and Federal ESAs.

461

Rep. Wirth

Asks if there are any species (except wolves) on the State ESA list without a management plan.

TAPE 69, A

023

Rep. Hunt

Asks about the impact of this legislation on spending dollars on a management plan.

027

Anglin

Replies that it would have no impact.

032

Rep. Smith

MOTION:  Moves to ADOPT HB  3126-2 amendments dated 4/16/03.

036

Rep. Wirth

Announces that she will be voting no on the motion.

040

Rep. Beyer

States that she has not seen a demonstrated need to enact this legislation and will also vote no.

051

 

VOTE:  5-2

AYE:               5 - Gilman, Hunt, Nelson, Smith P., Kropf

NAY:               2 - Beyer, Wirth

052

Chair Kropf

The motion CARRIES.

054

Rep. Smith

MOTION:  Moves HB  3126 to the floor with a DO PASS AS AMENDED recommendation.

060

Rep. Nelson

Announces that she will vote yes on HB 3126. 

080

Rep. Hunt

Speaks about challenges facing the governor. Notes that he doesn’t like this bill, but that it’s better than the original.  States that he believes that it will improve on the Senate side.

102

Rep. Wirth

Reiterates that there are more grey wolf bills than grey wolves in Oregon and thus will not support the unnecessary legislation.

113

Beyer

Restates that she will vote no.

116

Chair Kropf

States value in moving this legislation forward and hopes that the Governor will work out some of the details with Rep. Jenson.

131

 

VOTE:  5-2

AYE:               5 - Gilman, Hunt, Nelson, Smith P., Kropf

NAY:               2 - Beyer, Wirth

136

Chair Kropf

The motion CARRIES.

REP. GREG SMITH will lead discussion on the floor.

142

Chair Kropf

Closes the work session on HB 3126 and opens a work session on      HB 3252.

HB 3252 – WORK SESSION

150

Rep. Nelson

HD 24.  Submits the -1 amendments (EXHIBIT G) and testifies in favor of HB 3252.

174

Matt Markee

Speaks in favor of the -1 amendments and states the concerns which the amendments attempted to address..

192

Rep. Wirth

Asks Markee to elaborate on the grants.

196

Markee

Discusses grants to marinas and ports.

210

Chair Kropf

Refers to the co-chair’s budget and funding, which makes the need to pass this legislation even greater.

220

Kelly Laviolette

Nehalem Bay.  Asks about the surcharges to the licenses.

240

Markee

States that there is a $1.50 fee.

250

Laviolette

Reaffirms that he believes that the fees will drive off potential crabbers and that this legislation will harm the economy.

293

Rep. Nelson

Notes that she worked on amendments to this bill on behalf of Kelly’s parents. Speaks to the compromises she made.

321

Laviolette

Questions who will benefit from this legislation.

340

Markee

Asserts that we need revenue to keep shellfishing open.  Notes that the are even a little less expensive than those in Washington, where business has remained consistent.

361

Rep. Nelson

Asserts that she believes this legislation to benefit us all.

374

Laviolette

Asserts that this bill will have a negative business impact.

411

Markee

Asks for the -1 amendments to be adopted so that the bill can continue to be worked.

415

Ray Kelly

Committee Administrator.  Explains the -1 amendments and the subsequent referral to ways and means.

TAPE 70, A

017

Rep. Nelson

MOTION:  Moves to ADOPT HB 3252-1 amendments dated 4/17/03.

026

Rep. Smith

VOTE:  5-2

AYE:               5 - Beyer, Hunt, Nelson, Wirth, Kropf

NAY:               2 - Gilman, Smith P.

028

Chair Kropf

The motion CARRIES.

031

Rep. Nelson

MOTION:  Moves HB  3252 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

033

Rep. Smith

Informs the committee that she will be voting no as she is concerned about the effect of a tax on small businesses.

037

Rep. Beyer

Announces that she will be voting yes to send the bill forward to the committee on Ways and Means.

041

Chair Kropf

States that he doesn’t believe this to be a small business tax, but finds it important for the ongoing health of the sportfishing industry.

053

Rep. Nelson

Restates her commitment to economic development in support of       HB  3252.

063

 

VOTE:  5-2

AYE:               5 - Beyer, Hunt, Nelson, Wirth, Kropf

NAY:               2 - Gilman, Smith P.

071

Chair Kropf

The motion CARRIES.

073

Chair Kropf

Closes the work session on HB 3252 and opens a work session on              HB 3549.

HB  3549 – WORK SESSION

076

Chair Kropf

Submits the -2 amendments (EXHIBIT I) to HB 3549 and introduces the bill as one which creates an agricultural task force or work group to work during the interim.

092

Chuck Craig

Deputy Director, Department of Agriculture.  Testifies in support of HB 3549. 

099

Rep. Gilman

MOTION:  Moves to ADOPT HB  3549-2 amendments dated 4/15/03.

108

Rep. Nelson

Questions the fiscal impact of HB 3549.

112

Chair Kropf

States that he is willing to work on the language in Ways and Means.

115

 

VOTE:  7-0

116

Chair Kropf

Hearing no objection, declares the motion CARRIED.

121

Rep. Gilman

MOTION:  Moves HB  3549 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

124

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

129

Chair Kropf

The motion CARRIES.

134

Chair Kropf

Closes the work session on HB 3549.  Announces an unscheduled meeting on Friday, April 18, at 9:30 AM.  Adjourns the meeting at 3:57.

 

 

 

EXHIBIT SUMMARY

 

A – HB 2769, written material, Rep. Floyd Prozanski, 26 pp.

B – HB 2893, -1 amendments, Rep. Phil Barnhart, 1 p.

C – SB 291, written testimony, Lavelle Underhill, 5 pp.

D – SB 291, proposed amendments, Buck Underhill, 2 pp.

E – SB 291, written testimony, George Dern, 1 p.

F – HB 3126, -2 amendments, staff, 4 pp.

G – HB 3252, -1 amendments, Rep. Donna Nelson, 19 pp.

H – HB 3549, -2 amendments, staff, Rep. Jeff Kropf, 2 pp.