HOUSE COMMITTEE ON LAND USE

 

 

March 21, 2005   Hearing Room 50

1:30 P.M.           Tape 43

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Mitch Greenlick, Vice-Chair

Rep. Robert Ackerman

Rep. Mary Nolan

Rep. Patti Smith

Rep. Mac Sumner

 

STAFF PRESENT:                  Sam Litke, Committee Administrator

Lindsay Luckey, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2618 – 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 43, A

002

Chair Garrard

Calls the meeting to order at 1:34 p.m. and opens a public hearing on HB 2618.

HB 2618 – PUBLIC HEARING

014

Ross Day

Director of Legal Affairs, Oregonians in Action.  Discusses the intent of HB 2618 to consider factors beyond the farm income test for determining eligibility for farm dwellings.  Comments it will remove the impetus for many Measure 37 claims. 

048

Rep. Ackerman

Asks if the test HB 2618 proposes is a substitute for the existing income test or a supplement.

055

Day

Responds that it falls somewhere in between.  Elaborates on the theoretical determination of the income test.

067

Rep. Ackerman

Relays his concern about leaving a clear record of legislative intent for future interpretation.  States his reading of HB 2618 is that the test is not exclusive and is supplementary.

078

Day

Agrees that it would supplement and states the intention of HB 2618 to give incentive for the commission to revisit the farm income test.

083

Rep. Greenlick

Refers to Day’s earlier statement about an inability to farm due to lack of farm dwellings. 

085

Day

Corrects his intention to say that there are some who want to farm but are unable to build a dwelling on their property.

094

Rep. Greenlick

Reads a paragraph from the written testimony of Mike McCarthy from the public hearing on HB 2618 held on March 14, 2005 which cites reasons for the farm income test and asks Day for comment.

104

Day

Discusses the determination of the income test and asserts that the provisions of HB 2618 would be more objective. 

130

Lane Shetterly

Director, Department of Land Conservation and Development (DLCD).  States the DLCD’s opposition to HB 2618 as written.  Asserts that it would expand the rights created by Measure 37 (2004).  Encourages waiting for a resolution on Measure 37 issues and promotes SB 82 which would initiate a 30-year land use planning program review.

180

Shetterly

Adds that an updated report is being compiled on Measure 37 and offers to present it to the committee.

190

Elon Hasson

1000 Friends of Oregon.  Submits written testimony on behalf of Carrie MacLaren in opposition to HB 2618 (EXHIBIT A).  Reinforces support for SB 82.  Elaborates on 4 major concerns on HB 2618 enumerated on Page 1 of (EXHIBIT A).

241

Stephen Kafoury

Oregon Chapter of the American Planners Association (OACPA).  Encourages the committee not to pass the bill without having a better understanding of its implications.  Frames concept of the bill in larger context of Measure 37 and discusses work group on Senate side.

275

Chair Garrard

Closes the public hearing on HB 2618.

280

Chair Garrard

Discusses intention of the committee to begin grouping Measure 37 legislation and forming a subcommittee to specifically deal with Measure 37.

296

Chair Garrard

Reports that the committee will not hear SB 348 because Multnomah County Commission approved the property in question.

311

Rep. Greenlick

Comments on Multnomah County’s unique stance on partition of property.

330

Chair Garrard

Adjourns the meeting at 1:57 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2618, written testimony of Carrie MacLaren, Elon Hasson, 4 ppA