SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 05, 2003   Hearing Room HR B

8:30 A.M. Tapes  29 - 30

 

MEMBERS PRESENT:            Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2200 – Public Hearing and Work Session

HB 2033A – 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 29, A

005

Chair Shields

Calls the committee to order at 8:33 a.m.  Opens a public hearing on HB 2200.

HB 2200 – PUBLIC HEARING

010

Judith Callens

Committee Administrator.  Presents overview of HB 2200 and HB2200-1 amendments (2-21-03) (EXHIBIT A).  Refers to ORS 30.270 (EXHIBIT B).

035

Brendan McCarthy

Legislative Counsel’s Office.  Raises constitutional concern.  Discusses restrictions on lawsuits against the state under the Oregon Tort Claims Act.  Describes restriction on capping liability in tort claims.  Suggests the legislation restricts a remedy and may be unconstitutional action.  Explains exemption from liability for firefighters.

110

Ian Whitlock

Deputy Attorney General, Oregon Department of Justice.  Discusses further the constitutional concerns:

·         Guaranty of jury trial may be restricted

·         Remedies clause may be violated

Describes case law applicable in firefighting situations and restriction of lawsuit for ordinary negligence.

·         Wagner v. City of Portland (1902)

160

Sen. Fisher

Asks about firefighting organizations existing in 1857.

165

Whitlock

Describes and discusses governmental immunity.

175

Sen. Corcoran

Suggests moving the bill forward and waiting for a suit if one is filed.  Asks about increased protection if the measure passes.

195

Whitlock

Explains the statute codifies the accepted common law.  Discusses specific cases of discretionary acts of governing body during firefighting.

205

McCarthy

Points out government officials are already immune from claims arising from discretionary acts.  Continues this covers individual firefighters.

220

Sen. Corcoran

Asks whether clarifying language should be added.

230

McCarthy

Discusses increased coverage within present language.

235

Whitlock

Agrees and discusses case law.

250

Chair Shields

Summarizes.

270

Charlie Stone

Oregon Department of Forestry.  Appears and testifies in favor of HB 2200 and HB 2200-1 amendments.  Submits written testimony (EXHIBIT C).

280

Mike Dykzeul

Oregon Forest Industries Council (OFIC).  Appears and testifies in favor of HB 2200 and HB 2200-1 amendments.  Submits written testimony (EXHIBIT D).

290

Chair Shields

Closes public hearing on HB 2200.  Opens work session on HB 2200.

HB 2200 – WORK SESSION

295

Sen. Beyer

MOTION:  Moves to ADOPT HB 2200-1 amendments dated 2/21/03.

298

 

VOTE:  4-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

300

Sen. Beyer

MOTION:  Moves HB 2200 to the floor with a DO PASS AS AMENDED recommendation.

303

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

305

Chair Shields

Closes work session on HB 2200.  Opens public hearing on HB 2033A.

HB 2033A – PUBLIC HEARING

330

Callens

Presents overview of HB 2033A.

340

Nick Furman

Administrator, Oregon Albacore Commission (OAC); Executive Director, Oregon Dungeness Crab Commission (ODCC).  Testifies in favor of HB 2033A.  Submits written testimony (EXHIBIT E).

TAPE 30, A

005

Furman

Continues.

035

Chair Shields

Asks about the amount of outstanding fees compared to the annual budget and whether the outstanding amounts impair the commissions from accomplishing their work.

040

Furman

Discusses the large discrepancy.  Describes situation where the commodity companies are withholding the fees from fisherman but not passing them on to the commission.

060

Kay Brown

Oregon Department of Fish and Wildlife (ODFW).  Testifies in favor of HB 2033 as an effective enforcement tool.  Submits written testimony (EXHIBIT F).  Discusses fees accumulated during fishing operations and Department’s current limitations on debt collection.

090

Chair Shields

Closes public hearing on HB 2033A.  Opens work session on HB 2033A.

HB 2033A – WORK SESSION

100

Sen. Beyer

MOTION:  Moves HB 2033A to the floor with a DO PASS recommendation.

105

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. CORCORAN will lead discussion on the floor.

110

Chair Shields

Closes work session on HB 2033A.  Adjourns the meeting at 9:12 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2200, HB 2200-1 amendments (2-21-03), staff, 4 pp

B – HB 2200, ORS 30.270, staff, 1 p

C – HB 2200, written testimony, Charlie Stone, 2 pp

D – HB 2200, written testimony, Mike Dykzeul, 1 p

E – HB 2033A, written testimony, Nick Furman, 1 p

F – HB 2033A, written testimony, Kay Brown, 1 p