TAPE/#

Speaker

Comments

TAPE 97, A

005

Chair Ringo

Calls meeting to order at 8:01 a.m. States that SB 699 and SB 532 will not be heard today. Opens work session on SB 245.

SB 245 – WORK SESSION

015

Matt Shields

Submits and explains the -3 amendments to SB 245 (EXHIBIT A).

020

Chair Ringo

Discusses the -3 amendments.

023

Chair Ringo

MOTION:  Moves to ADOPT SB 245-3 amendments dated 05/18/05.

025

VOTE:  3-1-2

AYE:               3 - President Courtney, Shields, Ringo

NAY:               1 - Beyer

EXCUSED:     2 - Atkinson, Burdick

Chair Ringo

The motion CARRIES.

030

Chair Ringo

MOTION:  Moves SB 245 to the floor with a DO PASS AS AMENDED recommendation.

031

VOTE:  3-1-2

AYE:               3 - President Courtney, Shields, Ringo

NAY:               1 - Beyer

EXCUSED:     2 - Atkinson, Burdick

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

034

Chair Ringo

Closes work session on SB 245 and opens work session on SB 570.

SB 570 – WORK SESSION

036

Matt Shields

Committee Administrator. Submits and explains the -2 amendments to SB 570 (EXHIBIT B).

039

Chair Ringo

Asks witness to explain the -2 amendments.

040

Rick North

Oregon Physicians for Social Responsibility. Explains the -2 amendments.

049

Chair Ringo

Verifies that witness is referring to the -2 amendments when he says the second amendments.

051

Shields

Confirms witness is referring to the -2 amendments.

052

North

Confirms that he is referring to the -2 amendments. Continues explaining the -2 amendments.

055

Chair Ringo

Verifies that the committee does not need to adopt the -1 amendments.

056

North

Confirms yes.

060

Chair Ringo

MOTION:  Moves to ADOPT SB 570-2 amendments dated 04/29/05.

063

VOTE:  5-0-1

AYE:              5 - Atkinson, Beyer,  President Courtney, Shields,                               Ringo                                                                

EXCUSED:     1 - Burdick

Chair Ringo

The motion CARRIES.

070

Chair Ringo

MOTION:  Moves SB 570 to the floor with a DO PASS AS AMENDED recommendation.

071

VOTE:  3-2-1

AYE:               3 – President Courtney, Shields, Ringo

NAY:               2 - Atkinson, Beyer

EXCUSED:     1 - Burdick

Chair Ringo

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

104

Chair Ringo

Closes work session on SB 570 and opens public hearing on HB 2881 and HJM 5 A.

HB 2881 & HJM 5 A – PUBLIC HEARING

Matt Shields

Committee Administrator. Submits the -2 amendments to HB 2881 for the record (EXHIBIT C).

120

Roy Elicker

Oregon Department of Fish and Wildlife (ODFW). Explains HB 2881. Submits written testimony (EXHIBIT D).

145

Ron Anglin

Wildlife Division Administrator, ODFW. States that he is available to answer questions.

148

Sen. Beyer

Asks if the commission has the authority to remove species from the endangered species list.

150

Anglin

Replies yes. States the ODFW attempted to remove the Aleutian goose from the state endangered species list, but was unable to do so. Explains why.

157

Sen. Beyer

Points out that the problems with the process of adding or removing species from the list should be fixed, rather than only removing one specific species.

160

Elicker

Discusses previous legislation on this issue (2003). Explains there are immediate issues with the Aleutian goose.

170

Sen. Beyer

Asks if there is a bill this session to fix the problems with the process of adding or removing species from the list.

172

Elicker

Explains that the ODFW did not bring a bill forward this session.

180

Sen. Atkinson

Verifies that the subset of the Aleutian goose is in Summer Lake.

182

Elicker

Clarifies in the Tillamook area.

187

Sen. Atkinson

Asks what bird species is in Summer Lake.

188

Elicker

Asks if Sen. Atkinson is referring to a Canada goose species or snow geese.

189

Sen. Atkinson

Replies Aleutian geese.

190

Elicker

Discusses snow geese in Summer Lake.

192

Sen. Atkinson

Verifies that it is not the Aleutian geese that fly to Summer Lake.

193

Elicker

Confirms this.

194

Sen. Atkinson

Asks about the health of the Lake County geese.

195

Anglin

Replies they are very healthy. Believes that the sub species that Sen. Atkinson is referring to is the Tule goose. 

198

Sen. Atkinson

Asks if the ODFW believes that Summer Lake is healthy.

200

Elicker

Replies yes. Remarks on Mr. Anglin’s comments. Discusses the Tule goose.

207

Sen. Atkinson

Verifies that the ODFW believes that Summer Lake is healthy even though it is drying up.

208

Elicker

Responds.

214

Sen. Atkinson

Asks if the Pacific Flyway Council think that the flyways in Lake and Klamath Counties are healthy.

218

Elicker

Replies yes.

220

Sen. Atkinson

States that he is referring to water fowl in general.

225

Chair Ringo

Asks for there to be quiet in the audience so that Sen. Atkinson can hear this testimony.

228

Elicker

Asks Sen. Atkinson to repeat his question.

230

Sen. Atkinson

Asks if the ODFW believes that the flyways in Warners, Klamath, and Tule Lake are healthy.

234

Elicker

Replies yes. Explains in detail.

247

Sen. Atkinson

Asks if the ODFW is worried that in low water years some of those birds might not be impregnated.

253

Elicker

Responds.

267

Chair Ringo

Asks if witness has seen the proposed amendments.

271

Elicker

Discusses the -2 amendments.

274

Chair Ringo

Believes that it is a matter of process. States SB 2881 as drafted would remove the Aleutian goose from the endangered species list. Points out that the complaint of the ODFW is that they do not have the authority to remove the Aleutian goose from the list and the -2 amendments would give the ODFW that authority.

282

Elicker

Explains the ODFW is seeking to remove the Aleutian goose from the list as quickly as possible.

288

Chair Ringo

Verifies that it would lead to the same result.

289

Elicker

Replies yes.

290

Chair Ringo

Asks witnesses to comment on HJM 5 A.

292

Anglin

Explains HJM 5 A. Submits written testimony (EXHIBIT E).

320

Sen. Beyer

Refers to page 2, subsection 8 of HB 2881. Asks why the commission is not able to remove a species from the list with that language.

330

Anglin

Explains process of delisting.

362

Sen. Shields

Verifies that the -2 amendments would solve the mentioned problem.

363

Elicker

Answers the -2 amendments would not solve the problem Sen. Beyer pointed out, but would allow the commission to remove the Aleutian goose from the state list.

370

Stephen Kafoury

Wildlife Society. Discusses concerns with HB 2881 as originally drafted. Discusses the -2 amendments.

TAPE 98, A

008

Sen. Beyer

Discusses concerns.

014

Kafoury

Responds to Sen. Beyer’s concerns.

025

Sen. Beyer

Points out that ODFW said they would work to remove the Aleutian goose from the list as soon as possible, but they did not say they could get it done. Explains there is still a process the ODFW will have to go through.

033

Kafoury

States that there is no one that he knows of that disagrees with the intent of HB 2881. Explains in detail.

047

Chair Ringo

Makes comments.

050

Tim Bernasek

General Counsel, Oregon Farm Bureau. Testifies in support of HJM 5 A. Submits written testimony (EXHIBIT F).

078

Sen. Shields

Asks for clarification on testimony.

081

Bernasek

Provides clarification.

099

Chair Ringo

Closes public hearing on HB 2881 and HJM 5 A. Makes comments. Opens public hearing on HB 2356 A.

HB 2356 A – PUBLIC HEARING

Matt Shields

Committee Administrator. Submits the –A4 amendments to HB 2356 A for the record (EXHIBIT G).

108

Art Schlack

Association of Oregon Counties. Testifies in support of HB 2356 A with the –A4 amendments. Explains HB 2356 A. Explains the –A4 amendments.

149

Chair Ringo

Asks if witness is referring to the -A4 amendments.

150

Schlack

Replies yes. Continues explaining the –A4 amendments. States that the Association of Oregon Counties, League of Oregon Cities, Clackamas County, Oregon Home Builders Association, Oregon Realtors Association, Professional Land Surveyors of Oregon, and the Oregon Association of County Engineers and Surveyors all support HB 2356 A with the –A4 amendments.

178

Chair Ringo

Closes public hearing on HB 2356 A and opens work session on HB 2356 A.

HB 2356 A – WORK SESSION

180

Hal Colven

Bank of Salem. States support for HB 2356 A. Submits written testimony (EXHIBIT H).

190

Sen. Atkinson

MOTION:  Moves to ADOPT HB 2356 A-4 amendments dated 04/26/05.

192

VOTE:  4-0-1

EXCUSED:  1 - Burdick

Chair Ringo

Hearing no objection, declares the motion CARRIED.

193

Sen. Atkinson

MOTION:  Moves HB 2356 A to the floor with a DO PASS AS AMENDED recommendation.

195

VOTE:  4-0-1

EXCUSED:  1 - Burdick

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

198

Chair Ringo

Closes work session on HB 2356 A and opens public hearing on HB 2755 A.

HB 2755 A – PUBLIC HEARING

200

Tom Gallagher

Professional Land Surveyors. Introduces Charles Pearson.

207

Charles Pearson

Oregon Association of County Engineers and Surveyors, and Professional Land Surveyors of Oregon. Explains HB 2755 A. Expresses support for the -2 amendments. Submits written testimony in support of HB 2755 A (EXHIBIT I).

224

Sen. Beyer

States that he has the –A4 amendments, not the -2 amendments.

225

Chair Ringo

States he also has the –A4 amendments.

227

Matt Shields

Clarifies that the –A4 amendments are the amendments being referred to. Submits the –A4 amendments for the record (EXHIBIT J).

230

Pearson

Confirms that he was speaking about the –A4 amendments. Explains the –A4 amendments.

232

Chair Ringo

States that HB 2755 A cannot be moved because a conflict amendment is necessary.

235

Gallagher

Believes all of those concerned with HB 2356 A should look closely at HB 2755 A to avoid potential problems because both bills affect the same sections of statute.

245

Chair Ringo

Closes public hearing on HB 2755 A and opens public hearing on HB 2198.

HB 2198 – PUBLIC HEARING

260

Mark Simmons

Government Relations Director, Oregon Association of Nurseries. Testifies in support of HB 2198.

270

Chair Ringo

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

HB 2198 – WORK SESSION

273

Sen. Atkinson

MOTION:  Moves HB 2198 to the floor with a DO PASS recommendation.

274

Sen. Beyer

Declares a potential conflict of interest because he is a licensed Christmas tree grower subject to this provision.

278

VOTE:  4-0-1

EXCUSED:  1 - Burdick

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

281

Chair Ringo

Closes public hearing on HB 2198 and opens public hearing on HB 2577 A.

HB 2577 A – PUBLIC HEARING

284

Dan Hilburn

Administrator, Plant Division, Oregon Department of Agriculture (ODA). States support for HB 2577 A. Discusses section 1 of HB 2577 A.

311

Sen. Atkinson

Ask what a weed control district is.

312

Hilburn

Explains weed control district.

322

Sen. Atkinson

Verifies that there are weed control districts in the state.

323

Hilburn

Replies yes, and explains the ODA is expecting more to form over time.

324

Sen. Atkinson

Asks if Administrative Rules are necessary to govern the weed control districts.

329

Hilburn

Believes the existing rules are sufficient.

333

Sen. Atkinson

Asks why this issue isn’t being coordinated with the Oregon Department of Fish and Wildlife (ODFW).

340

Hilburn

Replies the ODA works closely with the ODFW on state lands and federal lands. States that the weed experts are primarily in the ODA.

353

Sen. Beyer

Asks if Scotch Broom is on the list.

354

Hilburn

Replies yes. Gives exceptions.

358

Sen. Beyer

Asks what is being done to control it.

359

Hilburn

Discusses controls used for different noxious weeds.

375

Sen. Beyer

Makes comment on Scotch Broom.

378

Hilburn

Comments.

382

Sen. Atkinson

Remarks that the committee passed out SB 570 today and the ODA is using biological agents to control weeds. Asks if this is because they don’t want to spray.

389

Hilburn

Believes them to be different issues. Explains in detail.

400

Chair Ringo

Points out that HB 2577 A requires the ODA to report to the next legislature. Asks if there is a fiscal impact associated with that.

402

Hilburn

Believes it is not significant. Explains the ODA makes an annual report and will include the legislature with a copy of that report.

405

Chair Ringo

Verifies that the ODA does this report anyway and HB 2577 A would not require the ODA to do a new report.

406

Hilburn

States that the report to the legislature will be new, but that the ODA does the report anyway. Believes there to be no significant fiscal impact associated with it.

411

Chair Ringo

Wonders if the ODA will be creating a new product because of HB 2577 A or if HB 2577 A will just require the ODA to make more copies of a report that is already done.

416

Hilburn

States that the ODA will change the cover of the report and put the legislature’s name on it.

420

Chair Ringo

Closes public hearing on HB 2577 A and opens work session on HB 2577 A.

HB 2577 A – WORK SESSION

425

Sen. Atkinson

MOTION:  Moves HB 2577 A to the floor with a DO PASS recommendation.

430

VOTE:  4-0-1

EXCUSED:  1 - Burdick

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

TAPE 97, B

014

Chair Ringo

Closes work session on HB 2577 A and opens public hearing on SB 1061 and HB 2729 A.

SB 1061 AND HB 2729 A – PUBLIC HEARING

030

Marvin Brown

Director, Department of Forestry. Submits written testimony on SB 1061 and HB 2729 A, and white paper entitled “Maintaining Working Forestlands with State Forestland Investments for Public Education” (EXHIBIT K). Testifies in support of HB 2729 A.

079

Sen. Ben Westlund

Represents Senate District 27. Testifies in support of HB 2729 A.

116

Rep. Gene Whisnett

Represents House District 53. Testifies in support of HB 2729 A.

133

Rep. Chuck Burley

Represents House District 54. Testifies in support of HB 2729 A.

181

Chair Ringo

Believes this is an interesting concept. Discusses bringing land under public ownership. Asks why witness believes HB 2729 A does not bring land under public ownership.

197

Rep. Burley

Responds.

221

Sen. Shields

Asks how large of a block the witness was referring to.

224

Rep. Burley

Replies.

226

Sen. Shields

Asks if there is a Community Forest Authority like this in any other state.

230

Rep. Burley

Believes California and Washington both have these Community Forest Authorities. Gives example regarding Weyerhaeuser.

239

Sen. Shields

Believes the mentioned attempt by Weyerhaeuser didn’t work. Asks why.

242

Rep. Burley

Explains.

257

Sen. Beyer

Says he has some questions.

258

Chair Ringo

Informs Sen. Beyer that there will be witnesses who will be able to testify on the technical details.

265

Sen. Beyer

Refers to page one of SB 1061. Asks about the return on the investment of the Elliot State Forest to the Common School Fund (CSF).

269

Brown

Discusses recently completed cost benefit study done by Mason, Bruce and Girard on the potential results of the sale of the Elliot State Forest.

279

Sen. Beyer

Appreciates the potential future information. Asks about the current return on the investment of the Elliot State Forest.

280

Brown

Replies approximately 2-2.5 percent. Explains the new plan increases harvest.

284

Sen. Beyer

Believes that number is a little high. Refers to language in section two of SB 1061. Asks if the language includes condemnation.

287

Brown

Explains that was not the intent.

290

Sen. Beyer

Wants to know if that phrase includes condemnation.

295

Sen. Beyer

Refers to language in section three and section eight of SB 1061. Discusses appropriation of funds. Asks about legislative oversight.

303

Brown

Assumes that it would be the way it is now and explains.

308

Sen. Beyer

Refers to language in section three regarding appropriation of funds to students in the Oregon University System. Wonders why community colleges and private schools were not included.

312

Brown

Offers to make an adjustment to SB 1061.

316

Sen. Beyer

Refers to language in section eight of SB 1061 regarding financing. Asks if these would be considered junk bonds because they have no backing.

320

Brown

States he doesn’t know what the technical term for junk bonds implies. Discusses issuance of bonds.

329

Sen. Beyer

Verifies that, according to the way he reads SB 1061, there is no backing of the bonds by the state of Oregon.

330

Brown

Replies that is possible.

332

Sen. Beyer

Refers to language in section two of HB 2729 A which refers to issuing revenue bonds or other obligations. Asks about the term “other obligations”.

339

Rep. Burley

Explains he is not the correct person to answer that question.

345

Chair Ringo

Asks if Sen. Beyer is looking at SB 1061.

346

Sen. Beyer

Replies that he is now looking at HB 2729 A.

347

Sen. Beyer

Refers to language in section five, line 35 of HB 2729 A regarding the administration of the Community Forest Authority and voting to pass a motion. Asks about number of people required to pass a motion.

352

Rep. Burley

States he would have to take a closer look at the language. Remarks the language says the majority of the directors constitutes a quorum. Points out that there may be no fewer than five and no more than eleven members on the Board of Directors. Comments the actual number of people required to pass a motion would depend on how many people were on the Board of Directors.

363

Sen. Beyer

Explains he is asking about the wording of the language. Comments that the language says a majority of the members present and voting are required to pass a motion. Opines that four members could pass a motion on an eleven member board.

373

Rep. Burley

Replies that may be the case.

375

Sen. Beyer

Asks if that is the intent.

378

Rep. Burley

Replies he cannot speak to the intent. Believes that Mr. Tuchmann can answer that. Reiterates that a majority constitutes a quorum and a majority present can pass a motion. States that if there were five members on a board, then three members present could conduct business.

385

Sen. Beyer

Understands. Asks if all three would have to vote in affirmative, or if two of the three could pass a motion.

397

Rep. Burley

Believes two of the three could pass a motion.

400

Sen. Beyer

Confirms that it was set up so a minority of a board could pass motions on behalf of the entire board.

401

Rep. Burley

Replies that appears to be the way it is written.

399

Sen. Beyer

Wants to know if that was the intent or if it was a drafting error.

403

Rep. Burley

States that he cannot address the intent.

409

Sen. Beyer

Asks, as author of HB 2729 A, if that is the way the witness would want HB 2729 A drafted.

TAPE 98, B

006

Rep. Burley

Shares that he had no objections to the way it was written.

008

Sen. Beyer

Refers to language in section five regarding interest representation of the Board of Directors. Asks if those terms are defined anywhere.

010

Rep. Burley

Replies no.

012

Sen. Beyer

States that he will defer the rest of his questions until a later time.

021

Thomas Tuchmann

President, US Forest Capital, LLC. Testifies in support of HB 2729 A. Submits written testimony (EXHIBIT L).

066

Bill J. Kluting

Western Council of Industrial Workers. Testifies in support of HB 2729 A.

095

Brad Chalfant

Associate Director, Deschutes Basin Land Trust. Testifies in support of HB 2729 A.

126

Chair Ringo

Asks who owns the Crown Pacific lands mentioned in witness’ testimony.

128

Chalfant

Replies they are held by a holding company composed of the secured creditors of Crown Pacific.

129

Chair Ringo

Wonders about the current development potential of those lands. Asks if there are 360 acres.

133

Chalfant

Replies 240 acres.

134

Chair Ringo

Comments that it can’t be divided down to 10-acre minimums or 5-acre minimums. States that the current status is 240-acre minimums. Asks if it is the witness’ goal to prevent that.

136

Chalfant

Replies yes.

137

Chair Ringo

Verifies that witness believes the 240-acre minimum is too intensive and that will interfere with timber production.

139

Chalfant

Explains that it interferes with the timber production but also the ability to manage the large tracts economically, and the ability to maintain a herd of mule deer. Explains in detail.

161

Chair Ringo

Asks if it is the witness’ intention to pursue acquisition of the Crown Pacific lands if this bill passes.

162

Chalfant

Responds.

167

Sen. Beyer

Notes witness said this was private land and not public land. Asks where in the bill is the prohibition against the Forest Authority issuing bonds and buying the lands.

171

Tuchmann

Discusses amendments adopted in the House committee on HB 2729 A.

177

Sen. Beyer

States that he is looking at the A-engrossed version of HB 2729 and he cannot find any language that refers to assets or portions of the assets owned by the Forest Authority. Wants to know where the specific language is when he has a chance to look at HB 2729 A.

183

Tuchmann

Offers to find the language and explains that was not the intent.

184

Sen. Beyer

Asks if the Forest Authority would have the ability of condemnation.

185

Tuchmann

Replies no.

186

Sen. Beyer

Asks witness to also point out that language.

190

Tuchmann

States that it is not technically in the bill. States that HB 2729 A was drafted on the Hospital Authority’s Act. Explains it is a permissive bill and that the only activity the Authority is allowed to participate in is the issuance of debt. Offers to provide the legal history and rationale for that.

196

Sen. Beyer

Notes the witness said the land has to be managed in order to be a commercial, productive forest. Asks where that language is in the bill.

198

Tuchmann

States that is not in the bill, it is in the financing. Explains these are revenue bonds, not general obligation bonds. Explains in detail.

206

Sen. Beyer

Refers to language in section eight of HB 2729 A. Asks about the term “other revenue obligations”.  States witness does not have to answer that question right now.

212

Sen. Beyer

Refers to language in section eight of HB 2729 A regarding the autonomy of a Forest Authority.

223

Tuchmann

Discusses role of a Forest Authority. Discusses financing.

260

Sen. Beyer

Asks about statement made by witness regarding the high turnover of commercial forest lands and lack of interest of industrial companies.

270

Tuchmann

Responds.

294

Sen. Beyer

Asks if the bill as drafted would be limited to land east of the Cascades.

297

Tuchmann

Replies no.

303

Greg Miller

Government Affairs Manager, Weyerhaeuser. Testifies in support of HB 2729 A.

345

Chair Ringo

Asks if witness has a position on SB 1061.

346

Miller

Replies no.

352

Chair Ringo

Closes public hearing on HB 2729 A and SB 1061. Opens public hearing on HB 3349.

HB 3349 – PUBLIC HEARING

Matt Shields

Committee Administrator. Submits the -3 amendments to HB 3349 for the record (EXHIBIT M)

360

Dave Hunnicutt

Oregonians In Action (OIA). Defers to Don Schellenberg.

370

Don Schellenberg

Oregon Farm Bureau (OFB). Testifies in support of HB 3349. Submits written testimony (EXHIBIT N). States that the amendments were drafted incorrectly.

395

Sen. Beyer

Asks if the -3 amendments are the amendments the witness is referring to.

399

Schellenberg

Replies yes.

400

Sen. Beyer

Asks if the amendments are a gut and stuff of HB 3349.

401

Chair Ringo

States that the committee just received the -3 amendments.

402

Sen. Beyer

Insists that the -3 amendments are a gut and stuff of HB 3349.

403

Schellenberg

Discusses the intent of the -3 amendments.

408

Hunnicutt

States that the -3 amendments are a gut and stuff of HB 3349. Believes that is not the intention. Expresses support for HB 3349 as drafted.

TAPE 99, A

009

Sen. Beyer

Verifies that the OFB and OIA would both be opposed to the -3 amendments.

010

Hunnicutt

Replies yes.

011

Schellenberg

Replies yes.

012

Chair Ringo

Asks who prepared the -3 amendments.

012

Shields

Confirms that Sen. Westlund requested the -3 amendments and explains they were not drafted to his specifications.

014

Chair Ringo

Closes public hearing on HB 3349. Asks staff to list the bills that will be carried over to the next agenda.

016

Shields

Lists SB 699, SB 532, HJM 5 A, HB 2258, HB 2755 A, HB 2881 and HB 3349.

014

Chair Ringo

 States the bills that were listed will be carried over to the next meeting scheduled on Thursday, 05/26/2005 at 8:00 a.m. Adjourns the meeting at 9:52 a.m.