SENATE COMMITTEE ON WATER AND LAND USE
April 28, 2003 Hearing
Room D
3:00 p.m. Tapes
57 – 58
MEMBERS PRESENT: Sen. Ted Ferrioli, Chair
Sen. Charlie Ringo, Vice-Chair
Sen. Jason Atkinson
Sen. Rick Metsger
STAFF PRESENT: Judith Callens, Committee Administrator
Megan Jensen, Committee Assistant
MEASURE/ISSUES HEARD: HB 2689 Public Hearing
SB 538 Public Hearing and Work Session
HB 3261 Public Hearing and Work Session
HB 3265 Public Hearing
HB 3213 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 57, A |
||
|
005 |
Chair Ferrioli |
Calls meeting to order at 3:15 p.m. and opens public
hearing on HB 2689. |
|
HB 2689
– PUBLIC HEARING |
||
|
010 |
Judith Callens |
Committee Administrator. Provides overview of HB
2689. |
|
021 |
Ben Boswell |
Wallowa County Commissioner. States support for HB
2689. Believes HB 2689 will provide more assistance for improving economic
conditions. |
|
048 |
Chair Ferrioli |
Closes public hearing on HB 2689 and opens public
hearing on SB 538. |
|
SB 538
– PUBLIC HEARING |
||
|
050 |
Judith Callens |
Committee Administrator. Provides overview of SB 538
and -1 amendments dated 4/25/03 (EXHIBIT
A). |
|
075 |
Ross Day |
Oregonians in Action. Provides testimony in support
of SB 538 and -1 amendments (EXHIBIT
B). States that the -1 amendments:
|
|
114 |
Sen. Ringo |
Asks what types of mass gatherings are included. |
|
117 |
Day |
Lists weddings, bar mitzvahs, religious gatherings,
political gatherings, and concerts. |
|
124 |
Ron Eber |
Department of Land Conservation and Development.
Provides testimony in support of SB 538 and -1 amendments (EXHIBIT C). Discusses the definition
of “land use decision.” |
|
175 |
Carrie MacLaren |
1000 Friends of Oregon. States support of SB 538 and
expresses concern regarding unintended consequences of SB 538-1 amendments. |
|
199 |
Sen. Metsger |
Asks if her concern is that -1 amendment states a
limit of 120 hours or 3,000 people, which could be construed to mean that a
gathering might not exceed 120 hours but 20,000 people could attend. |
|
208 |
MacLaren |
Affirms. |
|
212 |
Legislative Counsel. Suggests the wording should
reflect 120 hours and 3,000 people
instead of 120 hours or 3,000
people. |
|
|
230 |
Day |
Comments that the “and” makes it broader and
recommends keeping the “or.” |
|
242 |
MacLaren |
Suggests the wording should not change but the
record should show the intention. |
|
250 |
Chair Ferrioli |
States the record should reflect the intention of
120 hours in a consecutive three-month period or 3,000 in a consecutive
three-month period. |
|
255 |
Sen. Metsger |
Asks if the wording in SB 538 should be changed. |
|
257 |
Chair Ferrioli |
Responds that changing the wording of the bill would
broaden the bill. |
|
258 |
Sen. Metsger |
Suggests changing the language to state that the
gathering should not exceed either
3,000 people or 120 hours. |
|
260 |
Crean |
Confirms that inserting “either” would clarify the
intent of the -1 amendment. |
|
SB 538
– WORK SESSION |
||
|
280 |
Sen. Ringo |
Asks for clarification on the proposed changes. |
|
285 |
Chair Ferrioli |
Explains the proposed changes. |
|
300 |
Sen.
Metsger |
MOTION: Moves to ADOPT SB 538-1 amendments dated 4/25/03 and that the
measure be FURTHER AMENDED on page 3, line 23, by inserting
"either" after "exceed" and on page 8, line 5, by
inserting "either" after "exceed". |
|
305 |
|
VOTE: 4-0 |
|
|
Chair
Ferrioli |
Hearing no
objection, declares the motion CARRIED. |
|
310 |
Sen. Metsger |
MOTION: Moves SB 538 to the floor with a DO PASS
AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on
Ways and Means BE RESCINDED. |
|
315 |
|
VOTE: 4-0 |
|
|
Chair Ferrioli |
Hearing no objection, declares the
motion CARRIED. SEN. FERRIOLI will lead discussion on
the floor. Closes work session on SB 538 and opens public
hearing on HB 3261. |
|
HB 3261
– PUBLIC HEARING |
||
|
339 |
Judith Callens |
Committee Administrator. Provides overview of HB
3261. |
|
360 |
Chair Ferrioli |
Closes public hearing and opens work session on HB
3261. |
|
HB 3261
– WORK SESSION |
||
|
360 |
Sen.
Ferrioli |
MOTION: Moves HB 3261 to the floor with a DO PASS
recommendation and be placed on the CONSENT CALENDAR. |
|
365 |
|
VOTE:
3-0 EXCUSED: 1 - Sen. Metsger |
|
|
Chair
Ferrioli |
Hearing no objection, declares the
motion CARRIED. SEN. FERRIOLI will lead discussion on
the floor. Closes work session on HB 3261 and opens public
hearing on HB 3265. |
|
HB 3265
– PUBLIC HEARING |
||
|
393 |
Mike Dewey |
Waste Management. States support of HB 3265. Explains
amendments are being drafted in Legislative Counsel and requests another
public hearing. |
|
413 |
Chair Ferrioli |
Closes public hearing on HB 3265 and opens public
hearing on HB 3213. |
|
TAPE 58, A |
||
|
HB 3213
– PUBLIC HEARING |
||
|
001 |
Judith Callens |
Committee Administrator. Provides overview of HB
3213. |
|
015 |
Kristin Udvari |
Sunriver Resort and Eagle Crest Resort Attorney. Provides
testimony in support of HB 3213 (EXHIBIT
D). Discusses proposed amendments to HB 3213. |
|
100 |
Linda Swearingen |
Eagle Crest Resort, Sunriver Resort. Provides
testimony in support of HB 3213 (EXHIBIT
E). Discusses real property accounts, houses and condominiums at destination
resorts such as Sunriver Resort, Black Butte Ranch and Eagle Crest Resort. |
|
163 |
Jerry Andres |
Eagle Crest Resort. Provides testimony in support of
HB 3213 (EXHIBIT F). Explains
Eagle Crest’s difficulties with encouraging individual investment in
single-family dwellings when potential buyers can only use the dwelling for
seven weeks per year and must turn over responsibility for rental of the
dwelling to a central rental service. Believes the issue can be remedied by
allowing resorts to count a portion of individually owned second homes as
overnight lodgings. |
|
225 |
Sen. Atkinson |
Asks if HB 3213 would be beneficial for other
resorts in the state. |
|
235 |
Udvari |
Responds that a test run with Eagle Crest and
Sunriver should occur first. |
|
242 |
Sen. Atkinson |
Asks if there is a sunset clause on HB 3213. |
|
245 |
Udvari |
Replies that there is no sunset clause. |
|
253 |
Tom Leursen |
Sunriver Resort. Provides testimony in support of HB
3213 (EXHIBIT G). States that HB
3213 will create a third option for resorts to meet the overnight lodging
standards. |
|
300 |
Sen. Atkinson |
Asks if there are other developers who could build
under HB 3213. |
|
305 |
Leursen |
Responds that he does not know of any developers but
believes it is possible. |
|
325 |
Don Schellenberg |
Oregon Farm Bureau. Asks for clarification on the
use of “may.” |
|
360 |
Sen. Ringo |
Clarifies that “may” is permissive but “may not” is
not permissive. |
|
374 |
Chris Crain |
Clarifies “shall not” and “may not” are both
mandatory prohibitions. |
|
380 |
Schellenberg |
Asks if comments by Gary Harris have been submitted. |
|
384 |
Chair Ferrioli |
Clarifies that the bill will have amendments which
will be considered in the future. |
|
395 |
Carrie MacLaren |
1000 Friends of Oregon. Provides testimony in
opposition to HB 3213. Discusses destination resorts in Oregon and overnight
lodging versus second homes. |
|
TAPE 57, B |
||
|
005 |
MacLaren |
Continues expressing concerns regarding HB 3213. |
|
059 |
Chair Ferrioli |
Asks if she believes HB 3213 will create less
opportunity for overnight accommodations. |
|
062 |
MacLaren |
Affirms. |
|
066 |
Chair Ferrioli |
Asks for recommendations to address concerns. |
|
070 |
MacLaren |
Offers to research the issue of comparable vacancy
rates and suggests that members of the industry have access to information
relevant to the issues. |
|
080 |
Chair Ferrioli |
Requests proponents of the bill research possible
solutions for the next public hearing. |
|
095 |
Chair Ferrioli |
Closes work session on HB 3213 and adjourns meeting
at 4:17 p.m. |
EXHIBIT
SUMMARY
A
– SB 538, SB 538-1 amendments dated 4/25/03, staff, 10 pp.
B
– SB 538, written testimony, Ross Day, 1 p.
C
– SB 538, written testimony, Ron Eber, 1 p.
D
– HB 3213, written testimony, Kristin Udvari, 5 pp.
E
– HB 3213, written testimony, Linda Swearingen, 1 p.
F
– HB 3213, written testimony, Jerry Andres, 2 pp.
G
– HB 3213, written testimony, Thomas Luersen, 2 pp.
H
– HB 3213, written testimony, Sen. Beverly Clarno, 1 p.
I
– HB 3213, written testimony, Bob Rindy, 2 pp.