HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

April 27, 2005 Hearing Room C

9:00 A.M. Tapes  54 - 55

 

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 2513 – Public Hearing

HB 2529 – Work Session

HB 3316 – 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 54, A

003

Chair P. Smith

Calls the meeting to order at 9:06 a.m. and opens a public hearing on HB 2513.

HB 2513 – PUBLIC HEARING

009

Patrick Brennan

Committee Administrator.  Summarizes HB 2513.

017

Scott Ashcom

Oregon Agricultural Alliance.  Submits prepared testimony in support of HB 2513 (EXHIBIT A).  Explains what HB 2513 would do and discusses the benefits of the bill.

083

Rod Park

Owner, Park’s Nursery.  Testifies in support of HB 2513.  Submits prepared testimony in support of    HB 2513 (EXHIBIT B).  Discusses his personal experience as a victim of  plant theft.  Comments that HB 2513 will not stop plant theft altogether, but is a tool to help deal with plant theft. 

161

Rep. Hass

Comments on his experience with buying plants.  States that this is a good idea and he thinks the state should look into doing more.  Asks what the Christmas tree industry does that could be applied to the nursery industry.

170

Park

Responds that HB 2513 is basically what the Christmas tree industry does currently.

185

Chair P. Smith

Asks why the nursery industry was not included in the legislation dealing with the Christmas tree industry

189

Ashcom

Talks about why the industry was not included in the legislation dealing with the Christmas tree industry.  Comments on the problems that the Oregon Department of Agriculture (ODA) is going to raise and states that they approve the changes.

211

Rep. Roblan

Asks if HB 2513 would go beyond the nurseries and affect retail stores like Fred Meyer.

216

Park

Responds that the bill is directed primarily at the wholesale level.

224

Rep. Roblan

Inquires if this would affect people who are doing a landscaping project at their house and left their purchase in the car as they drive on other errands.

226

Chair P. Smith

Comments that this is an issue that needs to be discussed.

235

Chuck Craig

Deputy Director, ODA.  Talks about the problem of identifying plants.  Discusses the issues of clarity in regard to HB 2513. 

272

Dan Hilburn

Plant Division Administrator, ODA.  Submits prepared testimony regarding HB 2513 (EXHIBIT C).  Discusses the concerns the department has with HB 2513.

333

Hilburn

Displays a shipping permit and explains what shipping permits are used for.

349

Chair P. Smith

Asks if the main problem the department has concerns how the measure is written. 

359

Hilburn

Comments that passing HB 2513 in the current form will not create problems for the department, but says there are some other issues with the bill that should be worked through.

361

Rep. Burley

Refers to ORS 571.991.  Comments that language for punishment is already in statute. 

373

Craig

Responds that the question the department relating to the intent of      HB 2513 and the type of violation the person would be charged with.

393

Rep. Beyer

Asks how this is working in the Christmas tree industry.

403

Hilburn

Comments on the Christmas tree industry and states that the department has not had any problems with that program.

415

Mark Simmons

Oregon Association of Nurseries.  Submits and summarizes a report on Nursery Theft (EXHIBIT D).  States that he respects the intent of    HB 2513 and comments on the problems with the bill. 

TAPE 55, A

040

Simmons

Recommends forming a work group for the purpose of discussing the problems that need to be addressed. 

050

Chair P. Smith

Comments on how the cattle industry handles the problem of theft.

057

Simmons

Discusses his experience traveling with cattle. 

068

Rep. Burley

Comments that a work group would be a good idea.

071

Rep. Beyer

States that she understands the value of nursery stock.  Asks if the police agencies have acknowledged the value of the stock and the problem.

078

Simmons

Answers that police are very busy and comments on the problem of tracking where the material is from.  States that he is not aware of any instances of police officers pulling people over to check if the nursery goods are lawfully in their possession.

090

Chair P. Smith

Solicits any suggestions after hearing the testimony.

105

Ashcom

States that he thinks there is a solution that can be found through the formation of a work group. 

147

Park

Comments that the individual nursery license number is printed on most bills of lading. 

173

Chair P. Smith

States that she wants to appoint a work group.

180

Chair P. Smith

Closes the public hearing on HB 2513 and opens a work session on  HB 2529.

HB 2529 – WORK SESSION

187

Patrick Brennan

Committee Administrator.  Summarizes the -1 amendments  (EXHIBIT E).

201

Rod Harder

National Rifle Association.  Discusses the -1 amendments. 

211

Rep. Roblan

MOTION:  Moves to ADOPT HB 2529-1 amendments dated 3/23/05.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Boquist

 

Chair P. Smith

The motion CARRIES.

 

222

Rep. Roblan

MOTION:  Moves HB 2529 to the floor with a DO PASS AS AMENDED recommendation.

230

Rep. Hass

Expresses his concerns with HB 2529.

247

Rep. Beyer

Refers to her concerns that she expressed in the public hearing on 4/13/05.  States that she is still concerned that this bill can tie the hands of the department.

260

 

VOTE:  5-1-1

AYE:               5 - Beyer, Burley, Roblan, Sumner, Smith P.

NAY:               1 - Hass

EXCUSED:     1 - Boquist

 

Chair P. Smith

The motion CARRIES.

REP. BURLEY will lead discussion on the floor.

266

Chair P. Smith

Closes the work session on HB 2529 and opens a work session on     HB 3316.

HB 3316 – WORK SESSION

270

Patrick Breannan

Committee administrator.  Summarizes HB 3316.  Discusses the -2 amendments (EXHIBIT F).

281

Rep. Jeff Kropf

House District 17.  Discusses the -2 amendments and explains what they do. 

319

Rep. Hass

Asks if there is a revenue impact.

323

Brennan

Answers that the committee has been given a notice of potential revenue impact, but that a a revenue impact statement has not been issued. 

338

Rep. Hass

Comments that he thinks the measure should be referred to the Revenue Committee rather than to the Committee on Ways and Means.

350

Rep. Kropf

States that he does not know why to the measure was given a subsequent referral to the Committee on Ways and Means rather than the Committee on Revenue.

353

Chair P. Smith

Asks if he would approve of HB 3316 going to Revenue rather than Ways and Means.

354

Rep. Kropf

Concurs.

375

Rep. Burley

MOTION:  Moves to ADOPT HB 3316-2 amendments dated 4/18/05.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Boquist

 

Chair

The motion CARRIES.

 

404

Rep. Burley

MOTION:  Moves HB 3316 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 - Boquist

 

Chair P. Smith

The motion CARRIES.

426

Chair P. Smith

Closes the work session on HB 3316 and adjourns the meeting at 10:02 a.m.

 

EXHIBIT SUMMARY

 

  1. HB 2513, prepared testimony, Scott Aschom, 1 p
  2. HB 2513, prepared testimony, Rod Park, 2 pp
  3. HB 2513, prepared testimony, Dan Hilburn, 1 p
  4. HB 2513, report, Mark Simmons, 6 pp
  5. HB 2529, -1 amendments, staff, 1 p
  6. HB 3316, -2 amendments, staff, 1 p