SENATE COMMITTEE ON RULES

 

 

May 16, 2005†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Hearing Room †B

3:00 P.M.††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Tapes 71 - 73

 

MEMBERS PRESENT:†††††††† Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

STAFF PRESENT:†††††††††††††††† Tiffany Harris, Committee Administrator

Dawn Tuso, Committee Assistant

 

MEASURE/ISSUES HEARD:††††††††††

SB 1028 Ė Public Hearing

 

 

These minutes are in compliance with Senate and House Rules.† Only text enclosed in quotation marks reports a speakerís exact words.† For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 71, A

005

Chair Brown

Calls meeting to order at 3:06 p.m. Opens as a subcommittee. Makes opening announcements regarding SB 1028. Opens a public hearing on SB 1028.

SB 1028 Ė PUBLIC HEARING

018

Tiffany Harris

Committee Administrator. Gives overview of SB 1028.† Submits SB 1028 -1 amendments for the record (EXHIBIT A).

024

Chair Brown

Observes that the subcommittee is now meeting as a full committee.

025

Brendan McCarthy

Legislative Counsel.† Discusses SB 1028 and the †-1 amendments. †Talks about sections 1, 2, and 3 of SB 1028 -1 amendments.

075

McCarthy

Discusses section 4 and 5 of SB 1028 -1 amendments.

121

McCarthy

Discusses section 6 of SB 1028 -1 amendments.

142

McCarthy

Discusses section 7 and 8 of SB 1028 -1 amendments.

153

McCarthy

Discusses section 9 of SB 1028 -1 amendments.

170

McCarthy

Mentions that the State Marine Board will be offering education materials on the issue.

176

McCarthy

Discusses section 10 of SB 1028 -1 amendments.

179

McCarthy

Discusses section 12 of SB 1028 -1 amendments.

185

McCarthy

Gives overview of all other sections of SB 1028.

196

McCarthy

Discusses re-organization of the SB 1028 -1 amendments. Discusses definition changes in SB 1028 -1 amendments.

238

McCarthy

Discusses subsection 6 of SB 1028 -1 amendments.

246

McCarthy

Discusses language change in section 5 of SB 1028 -1 amendments.

263

McCarthy

Points out that the permit was referred to as a recreation use permit but is now referred to as a transferable non-motorized boat permit.

277

Vice-Chair† Ferrioli

Asks about the current status of floatage law in Oregon.

284

McCarthy

Responds.

285

Vice-Chair† Ferrioli

Asks if the current definition of floatage is whatever people want it to be.

292

McCarthy

Explains that there is a body of common law.

299

Vice-Chair† Ferrioli

Asks if there is any state agency in charge of reducing conflict between land owners and recreationists.

306

McCarthy

Replies no.

311

Vice-Chair† Ferrioli

Asks how the -1 amendments address the Attorney Generalís most recent opinion regarding floatage and recreation access to waterways in Oregon.

318

McCarthy

Responds to question. Believes the SB 1028 -1 amendments dovetail with the Attorney Generalís opinion.

340

Vice-Chair† Ferrioli

Offers opinion that the -1 amendments codify floatage, reduce conflict, and incorporate the Attorney Generalís most current opinion on the issue.

344

Sen. Ringo

Asks how SB 1028 -1 amendments would reduce public access to a river that has been found to be navigable.

354

McCarthy

Asks †Sen. Ringo for clarification regarding his question. †

359

Sen. Ringo

Wonders if McCarthy is making a distinction pertaining to the John Day river.

361

McCarthy

Responds that the John Day river is one that has undergone a navigability study but that there has not been a determination of navigability by the State Land Board.

366

Sen. Ringo

Wants to know to what extent SB 1028 would impact public access.

372

McCarthy

Points out section 4, subsection 5 in the SB 1028 †-1 amendments.

387

Sen. Ringo

Asks if the uses mentioned might be allowed currently for a river found to be navigable.

390

McCarthy

Replies yes.

394

Sen. Ringo

Asks about the definition of floatable. Asks for clarification regarding page 2, line 7 of SB 1028.

408

McCarthy

Explains. †

417

Sen. Ringo

Asks how it is consistent with the language in the bill.

418

McCarthy

Responds to question.†

TAPE 72, A

001

McCarthy

Continues response to Sen. Ringoís question.

010

Vice-Chair† Ferrioli

Thanks McCarthy for his testimony.

020

Vice-Chair† Ferrioli

Asks Randall Edwards to testify on SB 1028.

023

Randall Edwards

State Treasurer of Oregon. Testifies in support of SB 1028 and the -1 amendments. Submits written testimony (EXHIBIT B).

087

Vice-Chair† Ferrioli

Asks Edwards to discuss conversations he has had with the State Land Board.

091

Edwards

Explains.

113

Vice-Chair† Ferrioli

Asks Lore Bensel question regarding implied rights.

120

Lore Bensel

Department of Justice. Discusses findings.

220

Bensel

Continues response.

270

Vice-Chair† Ferrioli

Asks for clarification on the issue of water dependent usage and incidental usage.

276

Bensel

Discusses water dependent usage and incidental usage.

303

Bensel

Responds to earlier question regarding the meaning of, ďat any timeĒ.

330

Vice-Chair† Ferrioli

Mentions scenario and asks if people would be camping above or below the high water mark.

337

Bensel

Explains that the comment is based on below the ordinary high water mark.

340

Vice-Chair† Ferrioli

Asks upon whom is the Attorney Generalís opinion binding.

348

Bensel

Explains.

360

Vice-Chair† Ferrioli

Explains purpose for question.

373

Vice-Chair† Ferrioli

Asks why there is not a river by river solution.

379

Edwards

Offers personal opinion regarding the question.

TAPE 71, B

001

Edwards

Continues response to Sen. Ferrioliís question.

030

Vice-Chair† Ferrioli

Commends Mr. Edwards for his work on the issue.

037

Edwards

Responds to comments.

046

Sen. Ringo

Says that Sen. Atkinson is frequently driven away at gun point when he is on rivers. Asks what is likely to happen on the navigability decision on the John Day river if SB 1028 does not pass.

050

Edwards

Responds that he is unsure.

059

Sen. Ringo

Asks if he believes that the State Land Board has an obligation to reach a navigability finding based on the recommendations presented to it.

061

Edwards

Responds.

074

Vice-Chair† Ferrioli

Asks Mr. Edwards why he thinks compromise has been so difficult to arrive at on this issue.

076

Edwards

Explains.

100

Vice-Chair† Ferrioli

Reports that each witness will be given three minutes to testify on the issue.

116

Gary Benson

NW Steelheaders. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT C).

156

Art Israelson

NW Steelheaders. Testifies in opposition to SB 1028. Submits informational packet including a letter from Linn County Board of Commissioners (EXHIBIT D).

200

Duane Doran

Coalition for Oregon River Rights. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT E).

251

Leslie Pittman

Operation Rivers Northwest Oregon. Testifies in opposition to SB 1028. †Submits written testimony (EXHIBIT F).

323

Mimi Stout

Board member, Alsea Valley Alliance. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT G).

403

Walt Bammann

Northwest Rafters Association. Testifies in opposition to SB 1028.

TAPE 72, B

001

Bammann

Continues testimony in opposition to SB 1028.

040

Lawrence Edwards

Resident, Silverton, Oregon. Testifies in opposition to SB 1028.

116

Mike Myrick

NW Steelheaders. Testifies in opposition to SB 1028.

150

Ted McNeely

Coos County landowner. Testifies in opposition to SB 1028.

241

Sandra Johnson

Riverfront property owner. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT H).

323

Bryan Redd

Resident, Multnomah County. Testifies in opposition to SB 1028.

TAPE 73, A

002

Vice-Chair† Ferrioli

Asks Mr. Redd to summarize his remarks and submit his written testimony for the record.

003

Redd

Makes closing remarks on SB 1028. Submits written testimony (EXHIBIT I).

014

Sen. Ringo

Asks if SB 1028 would be subject to constitutional challenge if it restricts rights beyond what citizens would otherwise have under the Emissions Act.

023

Redd

Responds.

040

Les Helgesen

Citizen. Testifies in opposition to SB 1028.

083

Dale Johnson

Citizen. Testifies in opposition to SB 1028.

090

Vice-Chair† Ferrioli

Asks for the source of Mr. Johnsonís opposition.

091

Johnson

Explains.

098

M. Chapin Milbank

Resident, Salem, Oregon. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT J).

143

Katie Fast

Oregon Farm Bureau. Testifies in opposition to SB 1028.

180

Jennie Bricker

Stoel Rives LLP. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT K).

250

Vice-Chair† Ferrioli

Asks for summary of testimony.

253

Bricker

Offers summary of testimony.

279

James Pittman

Resident, Tillamook, Oregon. Testifies in opposition to SB 1028. Submits written testimony (EXHIBIT L).

316

Heather McNeal

Resident, West Linn, Oregon. Testifies in opposition to SB 1028.

373

Mark Wieprecht

Resident, Marion County. Testifies in opposition to SB 1028.

The following prepared testimony is submitted for the record without public testimony:

 

Ardath Stout

Citizen. Submits written testimony on SB 1028 for the record (EXHIBIT M).

 

Dick and Carol Blum

Citizens. Submits written testimony on SB 1028 for the record (EXHIBIT N).

 

Fred VanNatta

Citizen. Submits written testimony on SB 1028 for the record (EXHIBIT O).

 

George Laszlo

Citizen. Submits written testimony on SB 1028 for the record (EXHIBIT P).

 

Bryon Madsen

Citizen. Submits written testimony on SB 1028 for the record (EXHIBIT Q).

 

Shane and Mishelle Sumption

Citizens. Submits informational packet on SB 1028 for the record (EXHIBIT R).

 

John Garren

Citizen. Submits written testimony on SB 1028 for the record (EXHIBIT S).

 

Gus Meyer

Citizen. Submits email correspondence on SB 1028 for the record (EXHIBIT T).

417

Vice-Chair† Ferrioli

Closes public hearing. Makes closing remarks. Adjourns meeting at 5:28 p.m.

 

EXHIBIT SUMMARY

 

A.     SB 1028, -1 amendments, staff, 20 pp

B.     SB 1028, written testimony, Randall Edwards, 1 p†††††††

C.     SB 1028, written testimony, Gary Benson, 2 pp

D.    SB 1028, informational packet, Art Israelson, 16 pp

E.     SB 1028, written testimony, Duane Doran, 2 pp

F.      SB 1028, written testimony, Leslie Pittman, 5 pp

G.    SB 1028, written testimony, Mimi Stout, 1 p

H.    SB 1028, written testimony, Dale and Sandra Johnson, 5 pp

I.       SB 1028, written testimony, Bryan Redd, 7 pp

J.      SB 1028, written testimony, M. Chapin Milbank, 5 pp

K.    SB 1028, written testimony, Jennie Bricker, 2 pp

L.     SB 1028, written testimony, James Pittman, 1 p

M.  SB 1028, written testimony, Ardath Stout, 2 pp

N.    SB 1028, written testimony, Dick and Carol Blum, 1 p

O.    SB 1028, written testimony, Fred VanNatta, 1 p

P.      SB 1028, written testimony, George Laszlo, 1 p

Q.    SB 1028, written testimony, Bryon Madsen, 1 p

R.    SB 1028, informational packet, Shane and Mishelle Sumption, 20 pp

S.      SB 1028, written testimony, John Garren, 4 pp

T.     SB 1028, email correspondence, Gus Meyer, 4 pp