SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

March 22, 2005                                                                                                   Hearing Room 343

7:00 A.M.                                                                                                                     Tapes 49 - 50

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Ginny Burdick

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 82 – Work Session

SB 64 – Public Hearing and Work Session

SB 177 – Public Hearing and Work Session

SB 184 – Public Hearing and Work Session

HB 2196 A – Public Hearing and Work Session

HB 2198 – 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 49, A

005

Chair Ringo

Calls meeting to order at 7:03 a.m. and opens work session on SB 82.

SB 82 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits SB 82-1 amendments for the record (EXHIBIT A).

008

Chair Ringo

MOTION:  Moves to ADOPT SB 82-1  amendments dated 03/18/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

010

Chair Ringo

Hearing no objection, declares the motion CARRIED.

011

Chair Ringo

MOTION:  Moves SB 82 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

014

Chair Ringo

Hearing no objection, declares the motion CARRIED.

015

Chair Ringo

Closes work session on SB 82 and opens public hearing on SB 64.

SB 64 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits SB 64-1 amendments for the record (EXHIBIT B).

016

James Hamrick

Assistant Director, Oregon Parks and Recreation Department (OPRD). States that the OPRD supports the -1 amendments.

023

Chair Ringo

Asks if Sen. Beyer would like to comment on the -1 amendments.

024

Sen. Beyer

Discusses -1 amendments.

027

Chair Ringo

Asks Sen. Beyer to review his concerns of SB 64.

028

Sen. Beyer

Details concerns with SB 64.

045

Chair Ringo

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

SB 64 – WORK SESSION

046

Sen. Beyer

MOTION:  Moves to ADOPT SB 64-1 amendments dated 3/9/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

054

Chair Ringo

Hearing no objection, declares the motion CARRIED.

055

Sen. Beyer

MOTION:  Moves SB 64 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

057

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

059

Chair Ringo

Closes work session on SB 64 and opens public hearing on SB 177.

SB 177 – PUBLIC HEARING

060

Charlie Stone

Oregon Department of Forestry. Gives background information on SB 177. Submits written testimony in support of SB 177 (EXHIBIT C). Mentions -1 amendments which are submitted by staff for the record (EXHIBIT D).

095

Chair Ringo

Asks about tort claim limit.

100

Ian Whitlock

General Counsel for the Department of Forestry, Department of Justice. Responds.

101

Chair Ringo

Believes that it is $100,000 for economic and $100,000 for non-economic. States that this would limit liability.

104

Whitlock

Discusses liability limits.

105

Chair Ringo

Makes comment.

106

Chair Ringo

Closes public hearing on SB 177 and opens work session on SB 177.

SB 177 – WORK SESSION

106

Sen. Atkinson

MOTION:  Moves to ADOPT SB 177-1 amendments dated 3/15/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

107

Chair Ringo

Hearing no objection, declares the motion CARRIED.

108

Sen. Atkinson

MOTION:  Moves SB 177 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

109

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

110

Sen. Beyer

States potential conflict of interest for the record.

115

Chair Ringo

Closes work session on SB 177 and opens public hearing on SB 184.

SB 184 – PUBLIC HEARING

120

Lisa Hanson

Assistant Director, Oregon Department of Agriculture (ODA). Submits written testimony in support of SB 184 (EXHIBIT E). Introduces Janet Fults.

130

Janet Fults

Fertilizer Program Manager, Pesticides Division, ODA. Explains details of SB 184.

142

Chair Ringo

Asks what section witness is referring to.

147

Hanson

Says that Ms. Fults has consolidated the seven changes.

148

Fults

Asks if she should separate the changes out by section.

149

Chair Ringo

States that he is trying to follow submitted testimony through SB 184.

150

Fults

States that there are some changes in SB 184 that were recommendations in form and style by Legislative Counsel.

154

Chair Ringo

Replies okay.

155

Fults

Continues explaining changes.

156

Chair Ringo

Asks witness to explain the last change again.

157

Fults

Explains in detail.

165

Chair Ringo

Replies okay.

166

Fults

Continues detailing changes that SB 184 would introduce.

176

Chair Ringo

Asks what page witness is referring to.

179

Fults

Responds. Continues explaining changes.

205

Chair Ringo

Asks witness to show exactly where the word “and” is being changed to “or”.

207

Sen. Beyer

Gives reference.

209

Chair Ringo

Asks if it is line 39.

210

Fults

Replies page 15, lines 38 and 39. Explains in detail.

217

Sen. Shields

Asks what agricultural amendment means.

219

Fults

Explains agricultural amendment.

225

Sen. Shields

Makes comment.

228

Chair Ringo

Closes public hearing on SB 184 and opens work session on SB 184.

SB 184 – WORK SESSION

289

Sen. Beyer

MOTION:  Moves SB 184 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

290

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

235

Terry Witt

Executive Director, Oregonians for Food and Shelter. Testifies in support of SB 184. Submits written testimony (EXHIBIT F). Submits written testimony on behalf of Scott McKinnie in support of SB 184 (EXHIBIT G).

245

Sen. Atkinson

Asks if Greg Addington can be asked to come to the witness table between bills.

246

Chair Ringo

Asks why.

247

Sen. Atkinson

Explains.

250

Chair Ringo

Closes work session on SB 184. Asks Greg Addington to come forward.

251

Sen. Atkinson

Asks if he may proceed with the line of questioning.

252

Chair Ringo

Replies yes.

257

Sen. Atkinson

Asks witness to state his name for the record.

258

Greg Addington

Oregon Farm Bureau. Introduces himself.

262

Sen. Atkinson

Asks if witness is complaining about the early hour of the meeting.

263

Addington

Replies no.

264

Sen. Shields

Makes comment about newspaper article.

265

Sen. Atkinson

Asks if today is witness’ last day at the Oregon Farm Bureau.

266

Addington

Replies no, and states that Friday will be his last day at the Oregon Farm Bureau.

267

Sen. Atkinson

Asks if today will be the last day that he has the opportunity to question the witness as a representative of the Oregon Farm Bureau.

269

Addington

Replies yes.

270

Sen. Atkinson

Asks why witness is leaving the Oregon Farm Bureau.

271

Addington

Responds that he has taken a job as the Executive Director for the Klamath Water Users Association.

273

Sen. Atkinson

Asks witness to explain what type of work he will be doing for the Klamath Water Users Association.

275

Addington

Responds.

282

Sen. Atkinson

Wishes him the best of luck.

288

Chair Ringo

Thanks witness for his patience.

291

Chair Ringo

Opens public hearing on HB 2196 A.

HB 2196 A – PUBLIC HEARING

292

Lisa Hanson

Assistant Director, Oregon Department of Agriculture (ODA). Introduces witnesses.

310

Jim Rue

Oregon State Board of Agriculture. Submits written testimony on HB 2196 A (EXHIBIT H). Gives background information on HB 2196 A.

369

Ken Bailey

Vice-Chair, Oregon State Board of Agriculture. Testifies in support of HB 2196 A.

388

Bernie Faber

Chair, Oregon State Board of Agriculture. Testifies in support of HB 2196 A.

TAPE 50,  A

005

Chair Ringo

Asks how HB 2196 A increases the Oregon State Board of Agriculture’s responsibility.

010

Rue

Responds that HB 2196 A says that the Oregon State Board of Agriculture should advise the director of the ODA on policy.

014

Chair Ringo

Verifies that witness believes that it is not currently clear that the members of the Board of Agriculture have the authority to advise the director of the ODA on policy.

015

Rue

Responds.

018

Rue

Says that HB 2196 A directs the Board of Agriculture to submit a biennial report on the state of agriculture to the governor and the legislature.

022

Sen. Shields

Refers to submitted testimony. Asks question about board membership.

035

Rue

Responds.

047

Chair Ringo

Wonders if point raised by Sen. Shields is a valid concern.

049

Chair Ringo

Closes public hearing on HB 2196 A and opens work session on HB 2196 A.

HB 2196 A – WORK SESSION

050

Sen. Atkinson

MOTION:  Moves HB 2196A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

053

Chair Ringo

Hearing no objection, declares the motion CARRIED.

ATKINSON will lead discussion on the floor.

055

Chair Ringo

Closes work session on HB 2196 A and opens public hearing on HB 2198.

HB 2198 – PUBLIC HEARING

061

Lisa Hanson

Assistant Director, Oregon Department of Agriculture (ODA). Explains HB 2198.

070

Dan Hilburn

Administrator of the Plant Division, ODA. Submits written testimony in support of HB 2198 (EXHIBIT I). Gives background information on HB 2198. Highlights submitted testimony. Urges committee to repeal the sunset.

099

Sen. Beyer

Asks question about the outstanding violation.

105

Hilburn

Responds.

117

Sen. Beyer

Asks how long this process has been going on with this one individual.

118

Hilburn

Replies this is the third season that the individual has not been licensed.

120

Sen. Beyer

Discusses outstanding violation and talks about enforcement.

125

Hilburn

Responds.

140

Sen. Beyer

Asks about timing of notifications and inspections.

147

Hilburn

Responds. Gives details of Christmas tree license timeline.

159

Sen. Beyer

Discusses willful violation of the law.

165

Hilburn

Discusses intent of the rule.

176

Sen. Beyer

Asks what happens if the same person fails to be licensed this year.

180

Hilburn

Responds.

185

Chair Ringo

Thanks Sen. Beyer for his questions. Says that if these were funds owed to a private entity, the private entity would not wait years to get their money.

190

Shawn Miller

Pacific Northwest Christmas Tree Association (PNWCTA). Testifies in support of HB 2198. States that the PNWCTA feels comfortable repealing the sunset. Discusses Sen. Beyer’s concern mentioned. Hopes the ODA will act a little faster.

215

Chair Ringo

Closes public hearing on HB 2198 and adjourns meeting at 7:47 a.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 82, -1 amendments, Staff, 1 p

B.     SB 64, -1 amendments, Staff, 1 p

C.     SB 177, written testimony, Charlie Stone, 3 pp

D.    SB 177, -1 amendments, Staff, 1 p

E.     SB 184, written testimony, Lisa Hanson, 1 p

F.      SB 184, written testimony, Terry Witt, 1 p

G.    SB 184, written testimony of Scott McKinnie, Terry Witt, 1 p

H.    HB 2196 A, written testimony, Jim Rue, 1 p

I.       HB 2198, written testimony, Dan Hilburn, 1 p