SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

January 31, 2005                                                                                                     Hearing Room B

3:00 P.M.                                                                                                                     Tapes  11 - 12

Revised 03/04/2005

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen.  Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 348 – Work Session

SB 64 – Public Hearing

SB 185 – Work Session

SB 66 – Public Hearing and Work Session

SB 68 – Public Hearing

SB 69 – 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 11, A

005

Chair Ringo

Calls meeting to order at 3:06 p.m. Opens work session on SB 348.

SB 348 – WORK SESSION

010

Stephen Kafoury

Legislative Liaison, Oregon Chapter of the American Planning Association. Introduces himself. States opposition to SB 348. Believes that the system is set up so all citizens have the same rights.

035

Ronald Eber

Farm and Forest Lands Specialist, Department of Land Conservation and Development (DLCD).

040

Chair Ringo

Asks if waivers are transferable.

045

Eber

Explains that according to the Attorney General (AG), waivers granted under Measure 37 are not transferable. States that this is what DLCD has been instructed to say when citizens call with questions.

050

Chair Ringo

Asks if this is what citizens have been told when they have contacted the Department of Justice.

051

Eber

Confirms that it is.

052

Chair Ringo

Asks how this might impact the specific parcel in Western Multnomah County.

055

Eber

Explains the compensation/waiving process for Measure 37. Explains reasoning why waivers are not considered transferable.

070

Chair Ringo

Discusses specific case involving property belonging to Dorothy English regarding waiving process.

078

Bob Rindy

Legislative Coordinator, DLCD. Clarifies that DLCD does not have a position on SB 348 and there is no written opinion from the Department of Justice or formal AG opinion. Explains that they are reporting on what they have heard.

080

Chair Ringo

Clarifies that this is the analysis that is conveyed to people who contact DLCD.

081

Rindy

Confirms that it is. Discusses the difference between subdividing and selling the individual lots and selling lots with houses already built on them.  

090

Sen. Beyer

Identifies an email that addresses issue in Multnomah County.

095

Chair Ringo

Asks Dave Hunnicutt to come forward.

100

Chair Ringo

Asks Sen. Beyer to relay email to Hunnicutt.

101

Sen. Beyer

Addresses question from previous meeting (01/26/2005). Email conveys that there are perhaps 6 to 1600 lots that could be affected by SB 348.

110

Dave Hunnicutt

Oregonians In Action. Discusses that SB 348 applies to a very narrow set of circumstances. Believes that there are not very many lots affected.

120

Chair Ringo

Understands that it is very narrowly tailored. Asks if witness is willing to help with amendments if necessary.

125

Hunnicutt

Confirms willingness to help with amendments as necessary.

130

Chair Ringo

Believes that it is not good policy to make legislation for a special set of circumstances, however explains that flexibility is necessary. Conveys desire to take the opportunity to do the right thing. Believes that Measure 37 is very fatally flawed.

145

Sen. Shields

Asks if intention is to vote SB 348 out of committee.

150

Chair Ringo

Confirms intention.

151

Sen. Shields

States that there are a lot of questions. Explains desire to demonstrate that the committee is listening to Oregonians. Believes Measure 37 has a lot of significant flaws. Believes that this bill does not set good precedent and stresses that he won’t be voting for numerous bills of this nature.

175

Sen. Atkinson

Believes the flaw is in the bureaucracy and red tape, somewhere between the city, county and DLCD. States support for bill.

200

Sen. Atkinson

MOTION:  Moves SB 348 to the floor with a DO PASS recommendation.

210

Sen. Shields

Comments that there must be a way to do this without completely destroying land use. Conveys that he understands the frustration of Oregonians.

220

 

VOTE:  4-0-1

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

EXCUSED:  1 - Burdick

 

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

225

Chair Ringo

Closes work session on SB 348 and opens public hearing on SB 64.

SB 64 – PUBLIC HEARING

245

Tim Wood

Director, Oregon Parks and Recreation Department (OPRD). Submits and reads written testimony (EXHIBIT A).

275

Sen. Atkinson

Asks what happens if someone tilling their land finds an archaeological artifact. Asks if there is any protection.

285

James Hamrick

Assistant Director of Parks, OPRD. Says it is not illegal to pick up something that is found.

300

Sen. Atkinson

Asks what kind of protections this person has.

310

Hamrick

Says that it depends on what is found; for instance, if it is an archaeological site then the farmer needs to stop.

320

Sen. Beyer

States that he cannot find anywhere in current statutes where it applies to private land but witness is stating that it does.  

330

Hamrick

Responds that it is in ORS 358.920(1)(a). Reads statute.

335

Sen. Beyer

Asks for statutory reference to be repeated.

336

Hamrick

Responds that it is in ORS 358.920(1)(a).

350

Chair Ringo

Repeats reading of statute. Asks why ORS 358.945 only mentions public land.

365

Hamrick

States that it is a technical correction.

370

Sen. Shields

States assumption that farmer would not have to stop farming at all. Comments that witness is illustrating an extreme case.

380

Hamrick

Explains that OPRD leases out land for farming. Gives example. Confirms that a farmer would not have to stop unless they ran into objects that are considered to be sacred objects or things that are covered under the Native American Grave Protection Repatriation Act.

405

Louis Pitt, Jr.

Director of Government Affairs and Planning, Confederated Tribes of Warm Springs. Introduces himself. Submits and highlights written testimony in support of SB 64 (exhibit B). States that this will clarify the previous legislation.

475

Chair Ringo

Believes this is a good bill and that the committee should move forward but isn’t sure that the committee is ready to do that yet. Asks for feedback.

TAPE 12, A

035

Sen. Beyer

Requests to wait on SB 64.

045

Chair Ringo

Suggests witness work with Sen. Beyer.

050

Sen. Shields

Expresses that he does not share Sen. Beyer’s concern. Hopes Chair Ringo will bring back SB 64.

060

Edward Johnston

Lincoln County Political Action Committee. Introduces himself. Submits and reads written testimony (EXHIBIT C) in opposition to SB 64.

115

Chair Ringo

Closes public hearing on SB 64 and opens work session on SB 185.

SB 185 – WORK SESSION

117

 

 

118

Sen. Ringo

MOTION:  Moves to ADOPT SB 185-1 amendments (EXHIBIT J) dated 01/26/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

120

Sen. Ringo

MOTION:  Moves SB 185 to the floor with a DO PASS AS AMENDED recommendation.

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

130

Chair Ringo

Closes work session on SB 185 and opens public hearing on SB 66.

SB 66 – PUBLIC HEARING

135

Tim Wood

Director, Oregon Parks and Recreation Department (OPRD). Submits written testimony (EXHIBIT D) in support of SB 66.

160

Sen. Beyer

Asks witness if any of the federally recognized tribes have applied and been turned down.

165

Wood

Responds no.

170

Sen. Beyer

Asks if witness is aware of any programs or any applications pending that tribes may wish to apply for.

171

Wood

Verifies that there are no known specific projects. Specifies where moneys come from and what federally recognized tribes are eligible for.

175

Sen. Beyer

Asks about public access.

185

Wood

Explains that there would be public access.

190

Chair Ringo

Clarifies that if there was a project done on tribe lands then the public would be allowed to use the benefit of those funds.

191

Wood

Confirms that this is correct.

192

Sen. Burdick

Asks if tribal lands are normally open to the public, or if this would cause them to be open.

195

Wood

Explains that the restrictions that would be placed on the use of these funds would require that they be made available to the general public.

200

Edward Johnston

Lincoln County Political Action Committee. Speaks in opposition to the bill and asks committee to use the funds for other purposes.

220

Louis Pitt, Jr.

Director of Government Affairs and Planning, Confederated Tribes of Warm Springs. Speaks about tourism on tribal lands and opening up lands to public. Speaks about difficulties of this process and explains that the passage of this bill would make the process easier.

260

Chair Ringo

Closes public hearing on SB 66 opens work session on SB 66.

SB 66 – WORK SESSION

265

Sen. Ringo

MOTION:  Moves SB 66 to the floor with a DO PASS recommendation.

266

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

280

Chair Ringo

Closes work session on SB 66 and opens public hearing on SB 68.

SB 68 – PUBLIC HEARING

285

Tim Wood

Director, Oregon Parks and Recreation Department. Introduces himself. Submits and reads written testimony (EXHIBIT E) in support of SB 68.

340

Sen. Atkinson

Asks if the witness means access when they refer to persons with disabilities.

348

Wood

Confirms this.

350

Sen. Beyer

Asks if state recreation areas are defined anywhere.

355

Wood

Explains that they are defined in statute and gives definition.

360

Sen. Beyer

Clarifies location of definition.

365

Wood

Confirms location.

370

Sen. Beyer

Asks how disabled is going to be defined.

378

Wood

Explains that it would be defined by the same rules as the Department of Motor Vehicles.

385

Sen. Beyer

Asks if these people would have to get a disabled parking permit for an ATV.

390

Wood

Confirms this and explains process.

395

Sen. Beyer

Asks about deletions in Section Four of SB 68.

415

Wood

Clarifies intent.

TAPE 11, B

010

Sen. Burdick

Asks if current law allows ATVs without restriction.

015

Wood

Clarifies that ATVs are not allowed currently on the ocean shore because only street legal vehicles are allowed and ATVs are not street legal.

020

Sen. Burdick

Asks about license requirements.

023

Wood

Verifies that operator’s license is required.

025

Sen. Burdick

Asks if that is somewhere in the law.

026

Wood

Confirms this.

028

Sen. Burdick

States concern that ATVs are much different than cars.

030

Chair Ringo

Asks witness to work with Sen. Burdick to address concerns.

035

Edward Johnston

Lincoln County Political Action Committee. States opposition to bill. Discusses regulations, potential problems and personal rights.

055

Chair Ringo

Closes public hearing on SB 68 and opens public hearing on SB 69. States that SB 125 is now carried over to Wednesday’s Agenda.

SB 69 – PUBLIC HEARING

065

Tim wood

Director, Oregon Parks and Recreation Department (OPRD). Submits and reads written testimony (exhibit F) in support of SB 69. Clarifies OPRD is not seeking an increase in fees, but all change in fees must go through the legislature.

140

Pat Harris

All Terrain Vehicle (ATV) Account Allocation Committee. Submits and reads written testimony in opposition to SB 69 (exhibit G).

205

Tyrrell Hart

ATV Account Allocation Committee. Submits and reads written testimony in opposition to SB 69 (Exhibit H).

250

Scott Ryland

ATV Account Allocation Committee. States opposition to SB 69. States that this is not just a housekeeping bill, and does not think that it could be modified to suit the general public.

280

Chair Ringo

Asks how much money the fund contains.

282

Harris

Responds 2.62 million this biennium but is unsure how much money is taken out for administration before it comes to them.

290

Sen. Atkinson

Asks how program works in relation to John’s Peak.

291

Hart

Explains this program.

300

Sen. Atkinson

Asks about signs.

305

Hart

Confirms educational signs.

315

Sen. Atkinson

Talks about John’s Peak project and management in Southern Oregon.

335

Chair Ringo

Invites Sen. Bates and states that they have received written testimony in opposition from Tim Custer (EXHIBIT I).

345

Sen. Bates

District 3. Makes opening remarks. Introduces constituent. Suggests that groups with opposing opinions sit down and work it out. Suggests that bill be tabled and worked through in the interim and be brought back if necessary.

385

Sen. Shields

States that there is still time in the session and asks if it is possible to get these opposing groups together in the next month.

395

Sen. Bates

States that these groups are very far apart. Does not think that it could happen during the session.

415

Arnold Ryland

Program Father. Makes statements in opposition to SB 69. Urges committee not to take out the paragraph (section two) in ORS 395.60 where it makes checks and balances necessary. States that SB 69 eliminates control.

TAPE 12, B

065

Julie Barrell

ATV Account Allocation Committee. States opposition to SB 69.

067

Joe Barrell

Oregon Motorcycle Riders Association. States opposition to SB 69.

075

Wood

Gives response to testimony in opposition to SB 69.  Reiterates purpose of SB 69. Relates that the commission feels increasingly concerned that account allocation funds are being used appropriately.

095

Chair Ringo

Asks if there is a specific example where funds are being used inappropriately.

100

Wood

Responds there is not.

103

Sen. Shields

Addresses misuse of money. Asks if there are other programs in state government where this amount of money is handled by a citizen’s group.

112

Wood

Replies that he does not know of any.

115

Sen. Shields

States that it is a lot of money. Inquires if all the safeguards are in place.

125

Edward Johnston

Lincoln County Political Action Committee. States opposition to SB 69. Addresses specific points of opposition. Talks about the economical impact this bill would have. Believes citizens groups are doing a good job.

156

Chair Ringo

Closes public hearing on SB 69 and moves SB 125 to Wednesday’s Agenda. Adjourns meeting at 4:42 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 64, written testimony, Tim Wood, 1 p

B.     SB 64, written testimony, Louis Pitt, Jr., 1 p

C.     SB 64, written testimony, Edward Johnston, 1 p

D.    SB 66, written testimony, Tim Wood, 1 p

E.     SB 68, written testimony, Tim Wood, 1 p

F.      SB 69, written testimony, Tim Wood, 2 pp

G.    SB 69, written testimony, Pat Harris, 2 pp

H.    SB 69, written testimony, Tyrrell Hart, 2 pp

I.       SB 69, written testimony, Tim Custer, 2 pp

J.      SB 185, -1 amendments, Staff, 1 p