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CapitalPress.com
June 12, 2015
Oregon
Bills to reduce farmer liability advance
Legislation pertains to lawsuits over airstrips, agritourism
By MATEUSZ PERKOWSKI
Capital Press
SALEM — Farmers will
face a lower risk of law-
suits over aviation and ag-
ritourism accidents under
two bills that seem likely to
become law in Oregon.
House Bill 2038, which
absolves landowners of li-
ability for aviation-related
injuries on their property
in most circumstances, was
approved unanimously by
the Senate on June 1 after
earlier passing the House.
Legislation that protects
agritourism operators from
lawsuits, Senate Bill 341,
was unanimously referred
for a vote on the House
floor with a “do pass” rec-
ommendation on June 2 by
a key committee. The bill
has already been approved
by the House.
Both bills have overcome
opposition from the Oregon
Trial Lawyers Association,
which feared the proposals
would deprive negligence vic-
tims of their day in court.
Under the original lan-
guage of HB 2038, aviation
was simply added to a list
of recreational activities for
which landowners cannot be
held liable unless they charge
an entrance fee to their prop-
erty.
An amended version of
WKHELOOFODUL¿HVWKDWWKLVSUR-
tection doesn’t extend to
landowners who cause harm
to aircraft operators through
gross negligence after allow-
ing the use of their private
airstrips.
Farmers who own airstrips
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guing they shouldn’t be held
legally responsible for pilots
who routinely land on their
property without permission.
While much of the debate
focused on planes and air-
strips, the bill also protects
landowners from liability for
accidents related to aviation
sports such as hang gliding
and parachuting.
Under SB 341, agritourism
operators wouldn’t face liabil-
ity for death or injury as long
as they post notices that warn
visitors of the inherent dan-
gers of being on a farm.
The bill wouldn’t apply
to growers who demonstrate
“negligence or willful disre-
gard” for safety, intentionally
harm visitors, don’t properly
inspect equipment that hurts
someone, know of an undis-
closed danger, or don’t com-
ply with land use laws for ag-
ritourism.
Supporters of SB 341, in-
cluding the Oregon Farm Bu-
reau and Friends of Family
Farmers, hope that reduced
liability will encourage more
agritourism and persuade in-
surers to offer coverage for
such activities, eventually
lowering premiums.
Friends, colleagues laud OSU’s Kelvin Koong
Administrator retires
after 28 years at
the university
By MITCH LIES
For the Capital Press
CORVALLIS, Ore. — About
200 friends, colleagues and family
of Kelvin Koong gathered June 5 at
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Animal Teaching Facility to celebrate
Koong’s 28 years of service to the
university.
Koong, who began his career at
OSU in 1987 as associate director of
the College of Agricultural Sciences
Experiment Station, is retiring June
30.
He spent the past three years as
executive director of the university’s
Agricultural Research Foundation.
Between those two assignments,
Koong held several positions, includ-
ing a two-year stint as dean of the uni-
versity’s College of Veterinary Med-
icine, interim dean of the College of
Agricultural Sciences and interim di-
rector of the OSU Extension Service.
Several praised Koong during the
celebration for his willingness to take
on the different assignments, many
for short durations, and for putting his
best behind each position.
“It seems like every time we had
a sticky job to do, we’d ask Kel-
vin,” said former OSU President
Mitch Lies/For the Capital Press
Mary Lyon and Lance Lyon talk with Kelvin Koong during a celebration June 5 in Corvallis honoring Koong for 28 years of
service to Oregon State University.
John Burns.
“Some folks in a temporary role
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said U.S. Rep. Kurt Schrader, D-Ore.,
who worked with Koong on estab-
lishing a four-year veterinary college
at OSU. “Not this guy. He said, ‘Why
don’t we have a four-year veterinary
college?’”
Schrader, a veterinarian who was
serving in the Oregon Legislature at
the time, said Koong was able to bring
Republicans and Democrats together
to back the effort to expand the veter-
inary college from two years to four
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“This was a bill that we couldn’t
afford,” Schrader said, “but somehow,
Kelvin Koong found the money.”
Schrader said Koong also was in-
strumental in eliciting state funds to
help back the construction of the now
nearly 3-year-old College of Veteri-
nary Medicine’s Multi-Animal Teach-
ing Facility.
“He’s very good at making us do
the right thing at the end of the day,”
Schrader said.
Sharon Harmon, executive direc-
tor of the Oregon Humane Society,
praised Koong for his work in estab-
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program for veterinary students to
train at the Humane Society’s Portland
shelter.
“This was groundbreaking,” Har-
mon said. “Prior to this, there was no
partnership between a humane society
and a university in the U.S.
“This program is now in place in
14 universities across the country,” she
said.
“Kelvin deeply cares about this
institution and the students who go
here,” said Katie Fast, new executive
director of Oregonians for Food and
Shelter, who worked with Koong often
in the Legislature in her role in gov-
ernment affairs for the Oregon Farm
Bureau.
Phil Ward, state executive direc-
tor of the Farm Service Agency who
worked with Koong while serving
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director of the Oregon Department of
Agriculture, characterized Koong as
“the best relationship builder I’ve ever
known. And those relationships have
stood the test of time.”
Thayne Dutson, former dean of the
OSU College of Agricultural Sciences,
said what many believed in closing his
comments.
“OSU is a better place now because
you were here,” Dutson said. “Thank
you, Kelvin.”
Canola extension bill heads for vote
ue raising canola are now press-
ing lawmakers to extend that
500 acres of production through
SALEM — A bill to extend WKH¿QDOWKUHH\HDUVRIWKHPRUD-
limited canola production in Or- torium by passing HB 3382.
egon’s Willamette Valley will
The Willamette Valley Spe-
move to a vote on the Senate cialty Seed Association and
ÀRRU RYHU WKH REMHFWLRQV RI D the Friends of Family Farmers
specialty seed growers’ group.
group oppose the bill, fearing
House Bill 3382, which al- a larger “seed bank” of canola,
lows canola to be grown on among other issues.
500 acres in the region through
Sen. Chris Edwards, D-Eu-
2019, had already passed the gene, said that opponents have
House and was approved on also expressed concerns with the
June 3 by the Senate Commit- integrity of OSU’s study, such as
tee on Environment and Natural WKHDPRXQWRIVFLHQWL¿FSHHUUH-
Resources with a “do pass” rec- view it will receive.
ommendation.
To assuage their concerns,
Lawmakers contemplated an amendment to HB 3382
banning canola in the Willa- VSHFL¿HVWKDWFDQRODFDQRQO\EH
mette Valley in 2013 due to fears grown in the region for anoth-
of cross-pollination with related er three years if it’s cultivated
seed crops but instead opted for under the same restrictions as
a six-year moratorium.
during the OSU study, he said.
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Under the amendment,
Oregon State University was di- OSU’s study must also be
rected to study volunteer plants, reviewed by experts on veg-
cross-pollination and disease etable seed production and
issues associated with canola on include data on canola and
500 acres annually.
brassica seed production in
Growers who want to contin- several other regions in the
By MATEUSZ PERKOWSKI
Capital Press
24-2#6
U.S. and around the world.
The Oregon Department of
Agriculture must also make rec-
ommendations based on OSU’s
study about what protections are
necessary to ensure coexistence
between the canola and special-
ty seed industries.
Opponents of HB 3382 said
the revisions weren’t enough to
overcome their objections, stat-
ing they’re afraid the ODA will
interpret the bill as authorizing
the agency to allow unrestricted
canola production after 2019.
Edwards said the legislature
will inevitably have to make fur-
ther decisions about canola after
2019.
Although the amendment
did not result in a “Kumbaya
moment” of agreement, it none-
theless has enough support
among lawmakers, he said.
The committee unanimously
referred the bill to a vote on the
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Prozanzki, D-Eugene, said he
will continue to analyze the bill
and may ultimately change his
mind.
24-2/#7