HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

March 21, 2005   Hearing Room C

9:00 A.M. Tapes  30 - 32

 

MEMBERS PRESENT:            Rep. Patti Smith, Chair

Rep. Brian Boquist, Vice-Chair

Rep. Arnie Roblan, Vice-Chair

Rep. Terry Beyer

Rep. Chuck Burley

Rep. Mark Hass

Rep. Mac Sumner

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jania Zeeb, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2656 – Public Hearing

                                                HCR 8 – Public Hearing and Work Session

                                                HB 2119 – Public Hearing and Work Session

                                                HB 2120 – 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 30, A

004

Chair Smith

Calls the meeting to order at 9:01 a.m. and opens a public hearing on HB 2656

HB 2656 – PUBLIC HEARING

013

Rep. George Gilman

House District 55.  Testifies in support of HB 2656.

030

Glen Stonebrink

Executive Director, Oregon Cattlemen Association.  Explains HB 2656.  Submits and presents prepared testimony explaining HB 2656 (EXHIBIT A).  Discusses the -1 amendments (EXHIBIT B).

072

Stonebrink

Walks through HB 2656 and how the -1 amendments affect the measure (EXHIBIT B).

098

Stonebrinnk

Explains the third bullet in the list (EXHIBIT A, Page 1).

120

Stonebrink

Discusses rangeland research.

141

Stonebrink

Talks about cattle production research.

146

Dave Nelson

Oregon Dairy Farmers Association.  Talks about where the funds created by HB 2656 will go toward and discusses the research function of the bill.

194

Nelson

Discusses the benefit of the advertising aspect of HB 2656.  Discusses the division between urban and agricultural people.  Expresses the desire to help people reconnect with the land.  Urges support of         HB 2656.

220

Rep. Burley

Asks Mr. Stonebrink to elaborate on what the federal law prohibits.

223

Stonebrink

Discusses how the federal law affects HB 2656.  Comments on section 4 of HB 2656.  Talks about how HB 2656 affects the Oregon Beef Council.

248

Nelson

Distinguishes between studying legislation and election politics and states that the money will not be used for campaigns. 

253

Rep. Roblan

Inquires if the federal government would eventually take the money allocated by HB 2656.

257

Stonebrink

Responds that the Federal Check-Off Program is currently in a legal battle, therefore it is unlikely that there is a movement to increase the federal law and allow them to take the money.

272

Rep. Hass

Comments on the difficulty of keeping beef prices where they should be.   Asks what effect the measure might have on beef prices. 

278

Stonebring

Answers that the measure should not affect beef prices.

298

Rep. Hass

Comments on the change of the language from “animal science” to “cattle production” in the amendments and inquires why the chance was made.

304

Stonebrink

Responds that the phrase animal science could cover many different types of animals, but since cattle farmers are paying for the research the research should be directed toward cattle.

319

Rep. Hass

Inquires why “rangeland” is preferable to “environmental issues”.

324

Stonebrink

Remarks that there is a certain level of trust with the department that deals with rangeland at Oregon State University (OSU).

344

Rep. Hass

Refers to page 1, line 18 of HB 2656 and inquires what institutions are being referred to.

355

Stonebrink

Responds that there is a desire for a degree of flexibility in order to allow for adjustment to future situations.  Says that the intent is to use OSU as the primary research institution.

367

Rep. Hass

States why he is concerned with the language. 

379

Nelson

Gives an example from the University of Oregon.  Comments on the need for the ability to utilize the institution with the technology and scientific expertise to provide the answers to the questions.

398

Stonebrink

States that people in the science community would be encouraged to review and, if necessary, challenge the research.

416

Rep. Beyer

Inquires what the current amount is that is brought in annually by the fees.

423

Stonebrink

Responds that it equates to about $800,000 depending on the number of animals sold in the state.  Estimates that HB 2656 would bring in $400,000 total.

TAPE 31, A

019

Rep. Beyer

Inquires if there is a lot of disagreements on issues among the people who deal with cattle.

023

Stonebrink

Talks about the discussion around HB 2656 and states that within the cattleman there was unanimous support for HB 2656.

037

Rep. Beyer

Asks if there is a lot of disagreement on other issues.

042

Stonebrink

Responds that there are differing views among cattlemen.

051

Nelson

States that issues are debated and consensus is eventually arrived at. 

077

Dalton Strauss

Chair, Oregon Beef Council (OBC).  Discusses the economics of the industry and the OBC. 

099

Strauss

Comments on how the new funds would be administrated by OBC.

128

Dr. Bill Krueger

Head of the Department of Rangeland Resources, OSU.  Submits and reads prepared testimony regarding HB 2656 (EXHIBIT C).

182

Rep. Hass

Inquires if he sees HB 2656 as helping to create research into land use issues.

190

Dr. Krueger

Remarks that it is a land use issue, as he sees it, with more ecology based questions.

198

Rep. Hass

States that would contradict the amendment that adds the words cattle production.

200

Dr. Krueger

Responds that he is speaking specifically to the Department of Rangeland Resources at OSU’s involvement, and that the cattle production would be through the Department of Animal Science.

211

Chair P. Smith

Closes the public hearing on HB 2656 and opens a public hearing on HCR 8.

HCR 8 – PUBLIC HEARING

215

Roger Beyer

Senate District 9.  Gives a history behind HCR 8 and testifies in support of HCR 8

250

Chair P. Smith

Closes the public hearing on HCR 8 and reopens the public hearing on HB 2656.

HB 2656 – PUBLIC HEARING

256

Rodger Huffman

Animal Health and Identification Division Administrator, Oregon Department of Agriculture (ODA).  Discusses how ODA would collect and disperse the assessment money. 

289

Rep. Roblan

Inquires if the fee of three percent for administrative costs would increase.

295

Huffman

Responds that the cost of administration is not expected to increase.

309

Rep. Roblan

Asks if the 50 cents that goes to the federal government has been assessed for the administrative fee.

312

Huffman

Answers that the fee is off of the entire dollar, with fifty cents of the dollar going to the federal government.

321

Rep. Beyer

Inquires if there is concern if two separated checks need to be issued.

330

Huffman

Responds there would not be any additional effort, because the department would only have to issue two checks that it is already issuing.

335

Stonebrink

Asks the committee why HB 2656 has a subsequent referral to Ways and Means

346

Patrick Brennan

Committee Administrator. Answers that since there would be fees charged the measure has a subsequent referral to the Joint Committee on Ways and Means.

351

Sharon Livingston

President Elect, Oregon Cattlemen Association.  Testifies in support of HB 2656.

383

Jon Elliot

Member, Oregon Cattlemen Association.  Testifies in support of       HB 2656.

401

Coy Cowart

President, Oregon Cattlemen Association.  Testifies in support of      HB 2656.  Comments that the fees have stayed the same for the last 10 years.

TAPE 30, B

034

Bob Skinner

Former president, Oregon Cattlemen Association.  Testifies in support of HB 2656.  Comments on the need for good science to help provide farmers with quality research.  Discusses the importance of image enhancement. 

081

Rep. Hass

Asks if there would be opposition to clarifying the language to specify an accredited university or institution. 

091

Skinner

Comments on other places that could perform research, but says OSU will be the first choice. 

102

Stonebrink

States that it is desirable to have flexibility with checks and balances in HB 2656.  Explains the intent behind the language of alternative institution is a credited institution. 

127

Chair P. Smith

Asks Rep. Hass what he suggests with regard to language to address his concern.

128

Rep. Hass

Answers that the language could define other intuitions. 

136

Chair P. Smith

Inquires if Mr. Stonebrink would have any objections to the change of language.

140

Stonebrink

Responds that he would not object. 

142

Rep. Hass

Emphasizes the need to ensure that the language is clear so that there are not problems in the future.  Comments on the removal of the statement regarding the Department of Agriculture. 

148

Stonebrink

Responds that the removal of the statement was suggested by the Attorney General’s Office. 

157

Nelson

Comments that as the language is being refined, care must be taken not to exclude private and public researchers.  Gives an example from the Oregon seed industry.   

173

Rep. Hass

Talks about the problem of the appearance of shopping for science that fits a particular agenda.

176

Nelson

Responds that the system would prevent the problem from happening.

178

Rep. Hass

Requests an explanation of how such problems would be prevented.

180

Nelson

Answers that credibility would be built into the system. 

182

Rep. Hass

States that there is the appearance that non-credible research could be used.

184

Nelson

Comments that there is an obligation in the industry to select credible people for research.

187

Stonebrink

Discusses why the Department of Justice told the requesters to take the oversight of the Department of Agriculture out of HB 2656.

204

Rep. Roblan

Talks about the need for good science as opposed to junk science.  Acknowledges that wording that would allow for private research institutions that are accredited would be helpful.

223

Rep. Burley

Asks if ORS 321.015 and 321.017 was used as a working model for language for the measure.

243

Nelson

Requests clarification as to whether ORS 321.015 addresses the forest commodity commission.

246

Rep. Burley

Clarifies what ORS 321 covers.

248

Nelson

Responds that such consideration occurred in the past but not in the drafting of HB 2656. 

261

Stonebrink

Responds that he did not look at the two ORS numbers as a model, but rather looked at the existing law for the Oregon Beef Council and built on that.

269

Nelson

States that he would be happy to work with Rep. Hass to help clarify the language. 

273

Chair P. Smith

Solicits opinions on whether HB 2656 should be moved at this time, or if the committee should instead work on amendments to address the concerns raised.

278

Stonebrink

States that he would be comfortable moving it, while still working on the needed language change.

281

Rep. Hass

Comments that he would be more comfortable with requesting new amendments. 

285

Chair P. Smith

Closes the public hearing on HB 2656.  Discusses with the committee whether they should open a work session.

293

Rep. Boquist

Comments that he is just as comfortable with either option.

301

Rep. Beyer

States that this is a policy issue and should be dealt with before sending it to Ways and Means.

322

Chair P. Smith

Closes the public hearing on HB 2656 and opens a public hearing on HCR 8.

HCR 8 – PUBLIC HEARING

325

Patrick Brennan

Committee Administrator.  Summarizes HCR 8.

343

Jerod Broadfoot

Safari Club International (SCI) “First for Hunters.”  Explains the -1 Amendments (EXHIBIT D).  Reads HCR 8 into the record.

TAPE 31, B

013

Broadfoot

Continues discussing HCR 8.

031

Broadfoot

Comments on where the conservation funds for fish and wildlife are coming from.  Gives an example of SCI’s involvement with the Department of Fish and Wildlife in transplanting the white tailed deer in Oregon.

067

Broadfood

Urges support of HCR 8

080

Al Elkins

Oregon Hunters Association.  Submits prepared testimony in support of HCR 8 (EXHIBIT E).  Refers to the chart on the Oregon Hunter’s Associations Wildlife and Habitat Improvement projects       (EXHIBIT F).

119

Elkins

Testifies in support of HCR 8.

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

 

Phil Donovan

Oregon Guides & Packers Association.  Prepared testimony in support of HCR 8 (EXHIBIT J).

123

Chair P. Smith

Closes the public hearing and opens a work session on HCR 8.

HCR 8 – WORK SESSION

122

Rep. Boquist

MOTION:  Moves to ADOPT HCR 8-1 amendments dated 03/18/05.

124

 

VOTE:  6-0-1

EXCUSED:  1 - Burley

 

Chair P. Smith

Hearing no objection, declares the motion CARRIED.

 

126

Rep. Boquist

MOTION:  Moves HCR 8 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

129

Rep. Roblan

Comments on the importance of these activities in the rural areas.

141

Rep. Burley

States that he will support HCR 8.

147

 

VOTE:  7-0-0

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

 

Chair P. Smith

The motion CARRIES.

REP. BURLEY will lead discussion on the floor.

158

Chair P. Smith

Closes the work session on HCR 8 and opens the public hearing on   HB 2119.

HB 2119 – PUBLIC HEARING

174

Patrick Brennan

Committee Administrator.  Summarizes HB 2119 and discusses the -1 amendments (EXHIBIT G).

176

Gary Lynch

Assistant Director, Department of Geology and Mineral Industries (DOGAMI).  Submits prepared testimony in support of HB 2119 (EXHIBIT H).  Summarizes HB 2119 and talks about the -1 amendments.

270

Rich Angstrom

President, Oregon Concrete and Aggregate Producers Association (OCAPA).  Testifies in support of HB 2119. Comments that in the long term HB 2119 will protect the industry.

289

Rep. Burley

Asks in Mr. Angstrom supports HB 2119 with the -1 amendments.

291

Angstrom

Answers that he does.

294

Chair P. Smith

Closes the public hearing and opens a work session on HB 2119.

HB 2119 – WORK SESSION

299

Rep. Boquist

MOTION:  Moves to ADOPT HB  2119-1 amendments dated 03/15/05.

301

 

VOTE:  7-0-0

 

Chair P. Smith

Hearing no objection, declares the motion CARRIED.

 

 

HB

Rep. Boquist

MOTION:  Moves HB 2119 to the floor with a DO PASS AS AMENDED recommendation.

320

 

VOTE:  7-0-0

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

 

Chair P. Smith

The motion CARRIES.

REP. BEYER will lead discussion on the floor.

342

Chair P. Smith

Closes the work session on HB 2119 and opens a public hearing on  HB 2120.

HB 2120 – PUBLIC HEARING

350

Patrick Brennan

Committee Administrator.  Explains HB 2120.

354

Gary Lynch

Assistant Director, Department of Geology and Mineral Industries (DOGAMI).  Submits prepared testimony in support of  HB 2120 (EXHIBIT I).  Explains the measure.

397

Rich Angstrom

President, Oregon Concrete and Aggregate Producers Association (OCAPA).  Comments that the industry does not currently have an opinion on HB 2120. 

TAPE 32, A

013

Angstrom

Comments on the problems with the current system and why the industry does not currently have a position on HB 2120.

030

Rep. Beyer

Inquires if there was a fee bill last session.

034

Angstrom

Responds that the bill was passed last session, and explains what happened. 

066

Rep. Beyer

Asks if HB 2120 is ready to go to the Ways and Means Committee or if it still needs to be worked on.

068

Angstrom

Answers that the issue could be worked on in Ways and Means.

076

Brennan

Relates that he talked with the budget analyst for DOGAMI, and it was indicated that it would be appropriate for the Ways and Means Committee to consider the issue.

082

Rep. Sumner

Asks for the explanation for the fee on page 1, line 20 of HB 2120.

084

Lynch

Answers that the measure lowers the current fee, and discusses the reasons for the fee. 

100

Angstrom

Comments on his view of the reason for the fees.

125

Rep. Roblan

Concludes that the goal is to bring more equity into the fee structure. 

132

Lynch

Comments that this is about working with the current formula. 

157

Chair P. Smith

Closes the public hearing on HB 2120 and adjourns the meeting at 11:04 a.m.

 

EXHIBIT SUMMARY

 

  1. HB 2656, prepared testimony, Glen Stonebrink, 2 pp
  2. HB 2656, -1 amendments, Glen Stonebrink, 1 p
  3. HB 2656, prepared testimony, Bill Krueger, 2 pp
  4. HCR 8, -1 amendments, staff, 1 p
  5. HCR 8, prepared testimony, Al Elkins, 1 p
  6. HCR 8, informational charts, Al Elkins, 4 pp
  7. HB 2119, -1 amendments, staff, 2 pp
  8. HB 2119, prepared testimony, Gary Lynch, 2 pp
  9. HB 2120, prepared testimony, Gary Lynch, 2 pp
  10. HCR 8, prepared testimony, Phil Donovan, 1 p