HOUSE COMMITTEE ON LAND USE

 

 

April 29, 2005 Hearing Room 50

1:30 P.M. Tapes  75 – 76

Corrected 10/14/05

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 3081 – Work Session

                                                HB 3365 – Public Hearing

                                                HB 3284 – 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 75, A

 

Chair Garrard

Calls the meeting to order at 1:37 p.m. and opens a work session on HB 3081.

HB 3081 – WORK SESSION

 

Chair Garrard

Remarks they have received -4 amendments (EXHIBIT A) and reports their intention to move the bill today.

 

Art Schlack

Association of Oregon Counties.  Remarks that the amendments address the problem raised in the previous hearing and provide the opportunity for a governing body of a county to approve an application to create one parcel and describes relating conditions.  Urges support of the HB 3081-4.

 

Chair Garrard

Asks if there is any opposition to HB 3081-4.

 

Schlack

Responds that he knows of none.

045

Rep. Anderson

MOTION:  Moves to ADOPT HB 3081-4 amendments dated 4/29/05.

 

 

VOTE:  7-0-0

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

 

Chair Garrard

The motion CARRIES.

 

Chair Garrard

Remarks on the larger issues associated with this problem and directs Rep. P. Smith and Rep. Greenlick to head up a work group on illegal land divisions.

 

Rep. P. Smith and Rep. Greenlick

Both agree.

065

Rep. Anderson

MOTION:  Moves HB 3081 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Garrard

The motion CARRIES.

REP. P. SMITH will lead discussion on the floor.

 

Chair Garrard

Closes the work session on HB 3081 and opens a public hearing on HB 3365.

HB 3365 – PUBLIC HEARING

 

Sam Litke

Committee Administrator.  Introduces HB 3365 and the -3 amendments (EXHIBIT B).

099

Max Muller

Legislative Assistant, Rep. Jackie Dingfelder, HD 45.  Notes his presence on behalf of Representative Dingfelder, introduces Rick Walker and Ron Eber, and explains the provisions of HB 3365 and the -3 amendments.

135

Rick Walker

Begins a Powerpoint presentation (EXHIBIT C).  Explains Slide 1, (Page 4, EXHIBIT C)

172

Walker

Explains Slide 2 (Page 5, EXHIBIT C).

 

Rep. Greenlick

Asks about the 80 acre minimum.

 

Walker

Responds it is already below the minimum.

 

Ron Eber

Farm and Forest Land Specialist, Department of Land Conservation and Development.  Clarifies that the 80 acre minimum would bar the 40 acres from being divided and continues discussing minimum lot size.

 

Walker

Continues Powerpoint presentation (Page 5, EXHIBIT C).

211

Walker

Explains the overhead map on (Page 6, EXHIBIT C) and discusses limitations on selling parts of the property.

239

Walker

Continues Powerpoint presentation (Page 7, EXHIBIT C) explaining the objectives of HB 3365.

284

Ron Eber

Relays his participation in HB 3365 and explains that the -3 amendments resolve some prior issues.  Discusses possible consequences due to Measure 37 (2004).  Expresses support for HB 3365.

311

Rep. Greenlick

Asks about the fiscal statement (EXHIBIT D) and the possibility of an administrative goal change.

 

Eber

Discusses the goal updating procedures and how the fiscal would apply.

 

Rep. Greenlick

Asks about how the Department determines fiscal impact on bills that amend goals.

 

Eber

Responds with the Department’s procedure on issuing fiscals statements.

 

Rep. Greenlick

Asks if goal amending is anticipated in the Department’s budget.

 

Eber

Responds he is not sure.

358

Chair Garrard

Asks Art Schlack about the amount HB 3365 is expected to cost each county. 

 

Muller

Adds that the new amendments have not been evaluated for fiscal impacts and points out the word “may”, stating it is not a mandate.

392

Rep. P. Smith

Asks if this is a land division.

 

Muller

Defers to Eber.

 

Eber

Responds that for the land sale to go forward, it would require request to the County to partition and explains how the bill is needed to authorize this partition.

 

Rep. P. Smith

Asks why it would not be a Measure 37 (2004) claim.

 

Eber

Responds that the bill grants an ability and does not restrict anyone doing anything.

TAPE 76, A

014

Chair Garrard

Asks Schlack if he has reviewed the amendments

 

Schlack

Responds he has just received them.

020

Glen Stonebrink

Oregon Cattlemen’s Association.  Speaks in opposition to HB 3365.  Opposes granting of special favors to conservation groups and explains reasoning.

 

Rep. Greenlick

Asks Stonebrink if his organization opposes churches buying land to build churches.

 

Stonebrink

Responds that they have never objected to that.

 

Rep. Greenlick

Comments that it takes land off the tax rolls.

 

Stonebrink

Clarifies his objection.

 

Rep. Greenlick

Restates his understanding of Stonebrink’s objection and wonders if he opposes all non-profit organizations buying property, removing them from the tax rolls.

 

Stonebrink

Responds that they do not oppose all non-profits buying land and clarifies his objection.

065

Rep. Sumner

Asks for an example of how conservation groups profit at the expense of tax payers.

 

Stonebrink

Gives an example.

 

Chair Garrard

Notes a similar example from Klamath County.

103

Rep. Nolan

Asks for a specific example and for demonstration of the negative impact.

 

Stonebrink

Refers to Rep. Garrard’s example and offers to bring back a specific example.

114

Rep. Nolan

Says they are strong allegations and would like to hear a specific example.

 

Stonebrink

Agrees to bring an example.

 

Rep. Greenlick

Asks if the assertion is that these actions are illegal.

 

Stonebrink

Responds that they are legal.

 

Rep. Greenlick

Asks about Stonebrink’s definition of a scam.

 

Stonebrink

Explains his definition of scam relating to conservation organizations.

 

Rep. Greenlick

Asks if Stonebrink’s organization is a non-profit and asks if they get special favors as a result.

 

Stonebrink

Responds that they are a 501-C4 and do not get charitable status.

 

Rep. Greenlick

Verifies that they are not tax exempt.

 

Stonebrink

Responds they do not pay taxes.

158

Chair Garrard

Relays an example from Klamath County.

 

Rep. Greenlick

Asks if anything has happened.

 

Chair Garrard

Responds negatively.

 

Rep. Ackerman

Asks if there would be the same result between purely private buyers.

 

Chair Garrard

Responds affirmatively and that the transactions were legal.

 

Chair Garrard

Closes the public hearing on HB 3365 and opens a public hearing on HB 3284.

HB 3284 – PUBLIC HEARING

220

Sam Litke

Committee Administrator.  Introduces HB 3284.  Submits fiscal statement (EXHIBIT G).

 

Chair Garrard

Reference written testimony from Lane Shetterly, Department of Land Conservation and Development requesting a continuance of the work group dealing with this issue.  Also attached is a letter from Hanley Jenkins, Union County Planning Director (EXHIBIT E).

 

Rep. Greenlick

Verifies there is a $115,000 fiscal statement.

 

Chair Garrard

Confirms this.

 

Rep. Greenlick

Asks if it will be moved to the Ways and Means Committee.

 

Litke

Reports there is no subsequent referral.

 

Rep. Nolan

Suggests that although not required to send it there, they should. 

 

Elon Hasson

1000 Friends of Oregon.  Speaks and submits written testimony in opposition to HB 3284, suggesting allowing the work group to complete.

 

Art Schlack

Association of Oregon Counties.  Discusses similarities to other bills previously heard, including HB 2162, and explains its effect.  Urges removal of the sunset.

300

Chair Garrard

Reports that there may be an amendment to HB 3284.  Closes the public hearing on HB 3284.  Makes announcements for future meetings. 

320

Rep. Greenlick

Asks about the status of SB 1037.

 

Chair Garrard

Reports on the status.

 

Rep. Greenlick

Asks about reconsideration of house bills.

 

Chair Garrard

Agrees.  Notes bills to be heard next week.

`

Rep. Ackerman

Asks question about the status of SB 1037.

328

Chair Garrard

Responds.

 

Rep. Nolan

Makes a comment.

 

Chair Garrard

Adjourns the meeting at 2:31 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3081, -4 amendments, Art Schlack, 1 p
  2. HB 3365, -3 amendments, Max Muller, 6 pp
  3. HB 3365, Powerpoint presentation and memo, 7 pp
  4. HB 3365, fiscal statement, staff, 1 p
  5. HB 3284, written testimony of Lane Shetterly and Hanley Jenkins, 2 pp
  6. HB 3284, written testimony, Elon Hasson, 1 p