SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 14, 2003                                                                                                       Hearing Room B

10:00 AM                                                                                                                     Tapes 37 - 38

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 385 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

005

Chair Shields

Calls meeting to order at 10:06 a.m. and opens public hearing on SB 385.

SB 385 – PUBLIC HEARING

010

Judith Callens

Committee Administrator. Gives overview of SB 385.

018

Sen. Ferrioli

Senate District 30. Provides testimony in support of SB 385. Explains that lifting the statute of limitations will assist in the prosecution of ecosabotage crimes.

104

Sen. Beyer

Asks about the modified form on the bill.

106

Sen. Ferrioli

Explains that there are no amendments but there was a change in terminology of “ecoterrorism” to “ecosabotage.”

111

Chair Shields

Comments that the term “terrorism.”

118

Sen. Ferrioli

Talks about surveying the district attorneys in Oregon for feedback on SB 385.

140

Pete Shepherd

Department of Justice Deputy Attorney General. Provides testimony in support of SB 385. Discusses the state’s racketeering law and the statute of limitations issue.

235

Sen. Fisher

Asks for clarification on a section of the bill.

245

Shepherd

Explains that it amends the definition of the statute of limitations for various criminal acts.

289

Sen. Fisher

Asks about the requirement of proving that someone performed a criminal act to further an environmental objective.

299

Shepherd

Confirms that SB 385 requires that proof.

302

Sen. Fisher

Inquires if there is a reason for that process.

309

Shepherd

Further explains the statute of limitations as it relates to sabotage.

336

Sen. Fisher

Asks about the standard of evidence required to prove ecosabotage.

340

Shepherd

Expresses his uncertainty about the level of proof required and offers to research the issue.

369

Sen. Fisher

Comments on the issues of criminal mischief and civil penalties.

392

Shepherd

Clarifies the issues.

402

Sen. Fisher

Asks about time limitations.

403

Shepherd

Replies and discusses limitations for the racketeering law.

TAPE 38, A

004

Sen. Beyer

Asks if the bill would allow prosecution of ecosabotage crimes committed in the past.

007

Shepherd

Explains.

026

Chair Shields

Asks about adding the crimes together.

040

Shepherd

Explains that the bill does not create a new crime but attaches an additional characterization to previously defined crimes.

050

Chair Shields

Asks for more clarification on the different categories of time limitations.

063

Shepherd

Replies that the different statutes of limitations reflect accumulated judgments of legislative assemblies over time.

085

Chair Shields

Asks if the time limitations are similar throughout the country.

087

Shepherd

Responds that the hierarchical ranking of criminal acts is similar.

095

Chair Shields

Asks if any other state has made ecosabotage a higher ranked crime

100

Shepherd

Responds that he is unsure.

110

Bill Kluting

Western Council of Industrial Workers. Provides testimony in support of SB 385. Talks about the dangers of working in forests and mills and gives examples of incidents of ecosabotage.

195

Glen Stonebrink

Oregon Cattlemen Association. Provides testimony in support of SB 385. States that he would like the bill to be retroactive for crimes that have not reached the statute of limitations.

224

Sen. Corcoran

Comments on the definition of ecosabotage.

241

Stonebrink

States that the definition…

256

Sen. Corcoran

265

Kelly Stoner

Stop Eco-Violence Director. Provides testimony in support of SB 385 (EXHIBIT A). Believes that eco-terrorists should be held accountable for their criminal actions.

404

Rod Huffman

Associated Oregon Loggers (AOL). Provides testimony in support of SB 385 (EXHIBIT B). States that AOL supports an unlimited amount of time in which to prosecute crimes of ecosabotage.

TAPE 37, B

003

Huffman

Continues testimony in support of SB 385.

058

Susan Russell

Oregon Criminal Lawyers Association. Provides testimony against SB 385 (EXHIBIT C). Expresses concerns that SB 385 uses inadequately defined terms, is too broad, and may encompass constitutionally protected free speech and free speech activities.

139

Chair Shields

Asks if she would be willing to assist the Department of Justice in clarifying ambiguous definitions in SB 385.

173

Russell

Affirms.

180

Michael Hicks

Boise Building Solutions. Provides testimony in support of SB 385 (EXHIBIT D). Shares his experience of losing his office building to a fire set by eco-saboteurs. Suggests an amendment to the bill.

287

Steven Strauss

Oregon State University. Provides testimony in support of SB 385 (EXHIBIT E). Discusses the affects of ecosabotage on biotechnology.

TAPE 38, B

002

Strauss

Continues testimony in support of SB 385.

068

Martin Taylor

Sierra Club. Provides testimony against SB 385 and raises concerns about the bill.

168

Taylor

Continues testimony in support of SB 385.

207

Greg Addington

Oregon Farm Bureau (OFB). Provides testimony in support of SB 385. States that agriculture benefits directly from biotechnology research.

220

Sen. Corcoran

Talks about the definition of who constitutes an ecosaboteur.

250

David Fidanque

ACLU of Oregon. Provides testimony against SB 385. States that the ACLU is opposed to SB 385 in its current form and raises several concerns.

350

Chair Shields

Summarizes SB 385 and recommends more work on the bill. Closes public hearing on SB 385. Adjourns meeting at 11:55 a.m.

 

EXHIBIT SUMMARY

 

A – SB 385, written testimony, Kelly Stoner, 4 pp.

B – SB 385, written testimony, Rod Huffman, 2 pp.

C – SB 385, written testimony, Susan Russell, 1 p.

D – SB 385, written testimony, Michael Hicks, 6 pp.

E – SB 385, written testimony, Steve Strauss, 18 pp.