CONFERENCE COMMITTEE ON SB 291

 

 

July 1, 2003 Hearing Room D

9:00 AM/ 2:00 PM Tapes  1 - 4

 

 

MEMBERS PRESENT:            Sen. Frank Shields, Chair

Sen. Ted Ferrioli

Rep. Elizabeth Beyer

Rep. George Gilman

Rep. Jeff Kropf

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

                                                Linda K. Gatto, Committee Assistant

 

 

MEASURE HEARD:                     SB 291 A – 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 1, A

004

Chair Shields

Calls the conference committee to order at 9:12 a.m. States that knowing people have come to talk about SB 291A, Chair will allow invited testimony.

SB 291 A – INVITED TESTIMONY

034

Roy Elicker

Deputy Director, Oregon Department of Fish and Wildlife, (ODFW). Explains that the issue is why the grandfathering position is necessary. Provides background on game-bird preserve land use, (EXHIBIT A).

076

Chair Shields

Asks when did ODFW discover that conditional uses needed to be permitted under the county.

080

Elicker

Answers late 2001 early 2002. Explains that due to time and expense, there is concern that the process will prevent the preserves from operating this season.

083

Elicker

Clarifies it was September 2002 when ODFW became aware of this.

085

Chair Shields

Confirms that this will be the first season since this issue arose and reiterates the reason for the grandfathering.

091

Elicker

Explains that ODFW and the Department of Land Conservation and Development, (DLCD) will jointly send detailed notification of this bill to the counties, hunting preserves, and the neighbors surrounding the hunting preserves.

120

Rep. Beyer

Asks how many hunting preserves are being grandfathered.

122

Elicker

Answers that ODFW is aware of 28 out of 70 that were operating without a county use permit, currently there is approximately 25.

124

John Jinnings

Regional Representative for Central and Eastern Oregon, DLCD. Explains this is an emerging land use and affirms the need for fairness. Refers to the correspondence from Ronald Eber, (EXHIBIT B)

167

Sen. Ferrioli

Notes that (EXHIBIT B) demonstrates that ODFW and DLCD were in agreement of the House version.

199

Jinnings

Responds that he was referring to a letter dated July 1.

205

Judith Callens

Reviews SB 291A. Clarifies the differences between the –A8 amendments (EXHIBIT C) and the –A9 amendments (EXHIBIT D).

257

Callens

Outlines the complaint process and location on each amendment. Discusses the fiscal impact.

280

Sen. Ferrioli

Notes there are three versions; the existing House bill does the grandfathering and the distance requirement; the -A8 amendments create a new standard of complaint and has a higher threshold (explains); and the A-9 amendments version.

337

Jim Welsh

Representing the Land Owners from multiple counties. 

376

Jeff Wilkenson

Attorney for Buck and Lavelle Underhill. Supports the –A9 amendments. Notes that the original bill changed the concentration of the hunting preserves. Discusses out-right use and conditional use.

TAPE 2, A

023

Sen. Ferrioli

Discusses with Mr. Wilkenson the status of the adjacent land owner and his conditional permit.

066

Lavelle Underhill

Farm and Property Manger. Expresses concern regarding long-term ownership; disturbance of big game habitant, and the impact on the farm land. Adds the safety issue and length of the season.

111

Underhill

Concludes that these issues need to be addressed at the county level.

151

John Hefley

Polk County Farmers. States support for the -A9 amendments. Supports mitigation on a county level.

163

Richard Dale

Wasco County Property Owner, The Dalles. Supports the -A9 amendments. Explains his concerns regarding his cattle operation. Agrees with Mrs. Underhill’s testimony.

184

Rep. Beyer

Asks how long he has farmed and raised cattle.

186

Dale

Responds all his life.

187

Chair Shields

Asks how long ago did the preserve arrive and how has it affected his operation.

190

Dale

Answers it was permitted last fall. States that cattle are sensitive to people on foot and the pasture comes right up to the fence.

214

Chair Shields

Asks if he was noticed beforehand.

216

Dale

Answers affirmatively and states that the planning use committee agreed with the hunting preserve and dismissed his arguments.

228

Sen. Ferrioli

Notes, relative to the safety discussion, that current statute prohibits using a firearm in a way that it endangers a neighbor.

261

Art Schlack

Association of Oregon Counties. Explains exclusive farm use statutes and conditional use permits. Explains that compatibility and adequacy of services are considered by the local governing body in granting a permit.

378

Rep. Kropf

Asks for clarification that an individual can go before the county and request certain conditions.

397

Schlack

Answers that if a conditional use is granted there is a process that allows the surrounding property owner to lodge a complaint that a condition is not being met.

417

Rep. Beyer

Asks is there a process for complaints on grandfathered lands.

423

Schlack

Answers that the -A8 amendments include a complaint process for the preserves being grandfathered in.

440

Schlack

At the request of the chair, explains the county’s position on the -A8  and -A9 amendments.

TAPE 1, B

013

Schlack

States support for the existing process for all conditional use permits. Expresses concern about creating a separate process now and the potential of a new process for each conditional use in statute.

061

Sen. Ferrioli

Explains how the calving operation would be affected by the -A8 and A9 amendments. Agrees with Mr. Schlack’s comment about additional uses on the land.

047

Chair Shields

Asks why wouldn’t the county consider the concerns of the calving operation.

060

Sen. Ferrioli

Agrees with Mr. Schlack that there will be new land uses developing on farm and cattle lands.

092

Schlack

Agrees with comments made by Senator Ferrioli and notes that the burden is on the applicant.

114

Van Conklin

Rancher in Wasco County. States that when he went through the county process he was ignored. States that the game area was given a buffer but he was not. States that there are no restrictions and enforcement is weak.

177

Conklin

Comments on the frequency of the shooting and notes that cattle are affected by noise. Supports the complaint guide in the -A9 amendments.

212

Sen. Ferrioli

Asks what should be done differently.

226

Conklin

Responds that the permit was granted on a 11,000 acre ranch and reduced to a 600 acre ranch with a public road down the middle.

248

Schlack

States that conditional land use permits are for a particular parcel and are not moveable, however, another conditional use permit can be applied for.

262

Rep. Beyer

Comments that perhaps this issue should be before the county commission rather than the state.

281

George Dern

Owner, DK Wildlife Ranch. Supports the -A8 amendments. Describes his operation on 150 acres. Reads his prepared testimony,          (EXHIBIT E).

TAPE 2, B

001

Sen. Ferrioli

Explains procedural concerns and proposes recessing the meeting. States support for the - A8 amendments.

025

Rep. Beyer

Supports the -A8 amendments.

026

Rep. Kropf

Supports the -A8 amendments but does have some concerns.

049

Chair Shields

States he will recesses the committee until 2 p.m. so the House members can go to chamber.

068

Ralph Anderson

Attorney for Cannon Creek Game Farms. Supports the –A8 amendments and explains there are planning and appeal process.

108

Chair Shields

Asks for his opinion on the –A9 amendments.

111

Anderson

Answers that the “shall” appears to require the county to take specific action. Believes that current statutes address these issues.

133

Chair Ferrioli

States that the procedure described is a lot of due process.

154

Chair Shields

Recesses the meeting at 10:45 a.m.

AFTERNOON

TAPE 3, A

004

Chair Shields

Reconvenes the meeting at 2:33 and outlines proposed changes. Asks for discussion.

055

Sen. Ferrioli

Notes senate rule 11-10 Sub 1. Explains that the Senate version reduces the three mile distance to a half mile; the House version adds the grandfathering clause. Explains that the conference committee needs to resolve the issue between the committees. Reiterates the –A8 amendments.

089

Chair Shields

Responds that testimony has emphasized grandfathering and mitigation. Notes the committee’s options.

132

Rep. Kropf

Comments on the concerns expressed by the testimony and states that mitigation is needed to express to the counties that they need to listen to the people.

156

Sen. Shields

MOTION:  Moves to SUSPEND the rules for the purpose of consideration of amendments outside the scope of the issue between the houses.                    

144

Chair Shields

Explains his concerns and the time restrictions. Comments on original use and conditional use.

173

Sen. Ferrioli

Explains a permitted use is not subservient to other land uses that are allowed. Notes there is a compliant resolution process.  

197

Chair Shields

Responds that a conditional use permit can be lost if the parameters under which the permit was granted are not honored.

202

Jerod Broadfoot

Oregon Chapters of Safari Club International. Expresses concern about  grandfathering the hunters.

Recesses momentarily

318

Harrison Connely

Deputy Legislative Counsel. Reads the proposed new language. Subsection 3; if a use considered for approval is a private hunting preserve licensed under ORS 497.248 the local governing body or its designee shall consider imposing conditions to mitigate conflicts with accepted farm or forest practices on surrounding lands devoted to farm or forest use that are identified by the county.

345

Broadfoot

Asks why the term “imposing” was added.

348

Connelly

Explains it is to use the same verb in Section 2 and Section 3.

376

Chair Shields

Withdraws motion to suspend rules.

416

Callens

Clarifies that if there is unanimous agreement to move forward on something it is not necessary to suspend the rules.

430

Rep. Beyer

MOTION:  Moves to ADOPT SB 291-A 8 amendments dated 07/0103/03.

432

Rep. Beyer

Explains why she supports the –A8 amendments.

434

Rep. Gillman

Seconds the motion.

456

Rep. Kropf

States that he does not want to vote against the –A8 but would like to see compromise legislation.

475

Chair Shields

States that there needs to be compromise. Recesses momentarily.

TAPE 4, A

026

Chair Shields

States that there is a motion on the table and the –A10 compromise is before the committee, (EXHIBIT F)

037

 

VOTE:  4-1

AYE:            4 - Sen. Ferrioli, Rep. Beyer, Rep. Gillman, Rep. Kropf

NAY:            1 – Sen. Shields

042

Chair Shields

The motion Fails.

048

Sen. Ferrioli

Requests information from the counties regarding the –A10 amendments, specifically regarding increased involvement of the legislature in conditional land uses.

051

Art Schlack

Responds there are a number of conditional uses which are evaluated. The criteria is established in statute and by the local governing body. Opposes the -A10 amendments. Favors these decisions being addressed locally.

107

Chair Shields

Responds the language is asking for the “consideration” of establishing conditions.

136

Rep. Kropf

Clarifies that it is Mr. Schlack’s belief that the -A10 amendments will invite conditional use legislation requests.

148

Sen. Ferrioli

Discusses the options available.

166

Chair Shields

Responds that every option results in a delay unless the chair yields.

180

Rep. Beyer

States that the -A8 amendments provide a complaint process and are  a good comprise.

191

Sen. Ferrioli

Explains that it may not possible to meet everyone’s principled position. Offers that another option is to concur with the House version of  the bill.

229

Chair Shields

Reiterates that this is “shall consider” clause and explains his position.

262

Jinnings

Comments that the issue of conditional use could be taken under the consideration of a priority bill.

300

Rep. Kropf

Offers to use his last priority bill and expresses his concerns.

360

Chair Shields

Adjourns the meeting at 3:45 p.m.

The following prepared testimony is submitted for the record without public testimony for SB 291A:

 

Sen. Ferrioli

Senate District 30. Submits written testimony for Canyon Creek Game Farm (EXHIBIT G).

 

Carrie McLaren

1000 Friends of Oregon. Submits written testimony (EXHIBIT H).

 

 

EXHIBIT SUMMARY

 

A. SB 291A, Background Information, Roy Elicker, 2 pp

B. SB 291A, correspondence, Roy Elicker and John Jinnings, 2 pp

C. SB 291-A8 amendments dated 7/1/01, staff, 4 pp

D. SB 291-A9 amendments dated 7/1/03, staff,  5 pp

E. SB 291A, written testimony, Clint and Alesha Dern, 1 p

F. SB 291-A10 amendments dated 7/1/03, staff, 4 pp

 

TESTIMONY SUBMITTED FOR THE RECORD

G. SB 291A, written testimony from Canyon Creek Game Farm, Sen. Ted Ferrioli, 5 pp

H. SB 291A, written testimony, 1000 Friends of Oregon  - Carrie MacLaren, 1 p