HOUSE COMMITTEE ON LAND USE
May 23, 2005 Hearing Room 50
1:30 P.M. Tapes 102 - 103
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 3483 – Public Hearing and Work Session
HB 3084 - Work Session
SB 346A – Work Session
LC Draft request – 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 102, A |
||
003 |
Chair Garrard |
Calls the meeting to order at 1:41 p.m. and opens a public hearing on HB 3483. |
HB 3483 – PUBLIC HEARING |
||
010 |
Don Schellenberg |
Oregon Farm Bureau. |
|
Sam Litke |
Committee Administrator. Explains the provisions of HB 3483. Introduces the -1 amendments (EXHIBIT A). |
025 |
Schellenberg |
Submits written testimony explaining and in support of HB 3483-1 (EXHIBIT B). Reviews history of HB 3483 as HB 2100. |
048 |
Dave Hunnicutt |
Oregonians in Action. Speaks in support of HB 3483. Notes he abstained from speaking on HB 2100 due to constitutionality concerns and the -1 amendments address those concerns. |
047 |
Liz Frenkel |
League of Women’s Voter of Oregon. Reads a prepared statement in opposition to HB 3483, HB 2100 and HB 3474. Raises concerns about lack of citizen involvement, the proposed boundaries of regions and the fiscal impact (EXHIBIT H). |
|
Chair Garrard |
Closes the public hearing on HB 3483 and opens a work session on HB 3483. |
HB 3483 – WORK SESSION |
||
105 |
Rep. Greenlick |
Asks about the status of the bill which proposes a 30-year review of the Land Conservation and Development Commission and statewide land use planning. |
|
Chair Garrard |
Notes this is SB 82. |
|
Rep. Greenlick |
Asks about the status of SB 82. |
|
Litke |
Reports he does not know. |
|
Rep. Greenlick |
Asserts that HB 3483 is a “band-aid” for the larger problem which would be addressed more comprehensively by SB 82. |
|
Chair Garrard |
Notes uncertainty in the movement of other legislation in the Senate. |
137 |
Rep. Anderson |
MOTION: Moves to ADOPT HB 3483-1 amendments dated 5/23/05. |
|
|
VOTE: 7-0-0 |
|
Chair Garrard |
Hearing no objection, declares the motion CARRIED. |
145 |
Rep. Anderson |
MOTION: Moves HB 3483A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Budget by prior reference. |
154 |
Rep. Nolan |
Discusses her concern about HB 3483 and would like to move forward on a bill that advances a look at statewide land use planning. |
|
|
VOTE: 5-2-0 AYE: 5 - Ackerman, Anderson, Smith P., Sumner, Garrard NAY: 2 - Greenlick, Nolan |
|
Chair Garrard |
The motion CARRIES. |
|
Chair Garrard |
Closes the work session on HB 3483 and opens a work session on HB 3084. |
HB 3084 – WORK SESSION |
||
192 |
Sam Litke |
Committee Administrator. Reviews committee action on HB 3084 and adoption of -5 amendment (EXHIBIT C). Introduces -6 amendments (EXHIBIT D), -7 amendments (EXHIBIT E), -8 amendments (EXHIBIT F), and the -9 amendments (EXHIBIT G). |
217 |
Rep. Avakian |
HD 34. Encourages acceptance of the -6 amendments and explains their provisions. |
124 |
Rep. Anderson |
Asks if the -6 amendments replace the -5 amendments. |
|
Rep. Avakian |
Responds affirmatively. |
244 |
Ken Stroebeck |
League of Oregon Cities. Encourages the committee not to pass the bill but to use SB 887 as the vehicle to address the annexation controversy and explains his reasoning. Outlines provisions and explains why he does not support HB 3084. |
304 |
Rep. Greenlick |
Notes one alternative is to pass SB 887 but notes the absence of a lack of consequence if a solution is not reached and wonders if the League could support a deletion of ORS 222.750 to add pressure to find a solution. |
|
Stroebeck |
Gives their commitment to finding a solution and does not support Rep. Greenlick’s suggestion. |
350 |
Rep. Ackerman |
Questions Rep. Avakian on Section 2 and its relation to the -6 amendments. |
|
Rep. Avakian |
Elaborates on the provisions in Sections 1 and 2. Relays the narrow focus of the bill and his support of an interim committee. |
TAPE 103, A |
||
|
Rep. Ackerman |
Asks for clarification if “proposal for annexation” is a legal definition. |
|
Rep. Avakian |
Responds he does not know. |
007 |
Rep. Ackerman |
Asks about the amendments effect on Nike. |
|
Rep. Avakian |
Explains that Nike could not be annexed under certain circumstances. |
|
Rep. Ackerman |
Verifies that Nike could be annexed by island annexation. |
|
Rep. Avakian |
Responds that they could be under certain circumstances. |
|
Rep. Ackerman |
Raises concern that the type of annexation is not specified when defined “specified annexation”. |
018 |
Rep. Avakian |
Understands but does not share the concern. |
|
Rep. Nolan |
Verifies that the amendments apply to any annexation that has not been consummated by ordinance as of the effective date of the act. |
|
Rep. Avakian |
Agrees. |
|
Rep. Nolan |
Asserts that the Nike annexation would not be allowed to proceed under Section 1(3)(c). |
|
Rep. Avakian |
Reviews the section and agrees. |
050 |
Rep. Nolan |
Comments that the amendments close the loophole appropriately without crippling cities’ abilities to provide services. Gives her support. |
|
Rep. Avakian |
References continued conversations with League of Oregon Cities. |
|
Rep. Nolan |
Notes this bill does not preclude forming an interim task force. |
077 |
Rep. Greenlick |
Suggests passing HB 3084 -5 out of the committee. |
095 |
Chair Garrard |
Relays they will not pass HB 3084 out today. Closes the work session on HB 3084 and opens a work session on SB 346A. |
SB 346A – WORK SESSION |
||
120 |
Sam Litke |
Committee Administrator. Reviews previous discussion on the bill. Introduces –A3 amendments (EXHIBIT I) and the -A4 amendments (EXHIBIT J). |
|
Joe Rohleder |
Oregon Aquaculture Association. Discusses the amendments and urges support of SB 346A with the –A4 amendments. |
145 |
Anne K. Rystrom |
Oregon Aquaculture Association. Submits and summarizes written testimony in support of SB 346A without amendments (EXHIBIT K). |
160 |
Joe Rohleder |
Relays that the governor wanted to clarify that they are referring to three species; aquatic, bird, and animal. |
|
Rep. Nolan |
Asks if this clarification is reflected in the amendments or if they need to add something. |
|
Rohleder |
Relays his understanding that Legislative Counsel (LC) can make grammatical fixes during printing. |
|
Rep. Nolan |
Comments LC cannot if the meaning is changed. |
|
Rohleder |
States it was clearly the legislative intent to be discussing three separate species. |
190 |
Rep. Greenlick |
Comments that it is clear as written. |
|
Rep. Nolan |
Asks if there has been any information from the revenue office on potential positive impacts. |
212 |
Rohleder |
Responds that there has not been any analysis yet but they hope to in the future. |
222 |
Rystrom |
Adds a statistic from her written testimony. |
|
Litke |
Reports that LC is comfortable with the amendment as written. |
230 |
Rep. Greenlick |
MOTION: Moves to ADOPT SB 346A-A4 amendments dated 5/19/05. |
|
|
VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
Chair Garrard |
The motion CARRIES. |
235 |
Rep. Greenlick |
MOTION: Moves SB 346B 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. GREENLICK will lead discussion on the floor. |
|
Chair Garrard |
Closes the work session on SB 346A and opens a work session on committee LC Draft requests. |
LC DRAFT REQUEST – WORK SESSION |
||
|
Rep. Greenlick |
MOTION: Moves the committee request an LC draft the language of which is currently contained in SB 82 for consideration as a committee bill. |
|
|
VOTE: 7-0-0 |
320 |
Chair Garrard |
Hearing no objection, declares the motion CARRIED. |
|
Chair Garrard |
Makes announcements on future action. |
|
Rep. Ackerman |
Asks about meetings left. |
|
Chair Garrard |
Makes announcements. |
|
Rep. Ackerman |
Relays concern with the timeline. |
|
Chair Garrard |
Discusses future intentions. |
362 |
Rep. Nolan |
Encourages a public hearing on Measure 37 related legislation. |
|
Chair Garrard |
Agrees and makes announcements. |
|
Chair Garrard |
Adjourns the meeting at 2:35 p.m. |
EXHIBIT SUMMARY