HOUSE COMMITTEE ON JUDICIARY

 

 

February 11, 2003   Hearing Room 357

1:30 P.M.  Tapes 30 - 31 

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Bob Jenson

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

                                                Introduction of LC 598

                                                HB 2274 Public Hearing and Work Session

                                                HB 2275 Public Hearing

                                                HB 2276 Public Hearing

                                                HB 2284 Public Hearing and Work Session

                                                HB 2426 Work Session

 

 

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 30, A

004

Vice Chair Ackerman

Opens meeting at 1:38 p.m.

010

Vice Chair Ackerman

Presents LC 598 for introduction (EXHIBIT A).

LC 598 INTRODUCTION

015

Vice Chair Ackerman

MOTION:  Moves LC 598 BE INTRODUCED as a committee bill.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Williams, Krummel, Prozanski

016

Vice Chair Ackerman

Hearing no objection, declares the motion CARRIED.

017

Vice Chair Ackerman

Opens public hearing on HB 2274.

HB 2274 PUBLIC HEARING

020

Sam Sears

Committee Counsel.  Explains HB 2274 that revises laws governing garnishments.

030

Rep. Shetterly

Refers to the Oregon Law Commission role.  Discusses workgroup efforts that make reforms in the laws. 

065

David Kenagy

Associate Dean, Willamette University College of Law. Executive Director of the Oregon Law Commission submits report and describes what HB 2274 does (EXHIBIT B). 

108

Kenagy

Emphasizes the role of the Oregon Law Commission in explaining laws.

124

David Heynderickx

Legislative Counsel.  Describes the -1 amendment (EXHIBIT C). Explains the substantive change concerning putting more than one debtor on a garnishment.   The workgroup has an ongoing process of looking at issues and answering questions.

178

Randall Jordon

Assistant Attorney General. Department of Justice (DOJ).  Agrees with Mr. Heynderickx summary of the bill and amendment.

190

Vice Chair Anderson

Asks if the Commission tries to minimize the number of laws.

202

Heynderickx

Replies how the Commission tries to minimize laws by identifying obsolete laws.

212

Rep. Shetterly

Refers to repeal of obsolete sections.

214

Sears

Explains the -1 amendment.

227

Vice Chair Ackerman

Closes public hearing on HB 2274. Opens public hearing on HB 2275.

HB 2275 PUBLIC HEARING

244

Annette Talbot

Deputy Commissioner of the Bureau of Labor and Industry (BOLI) and introduces W. Johnson and M. Ohlemiller. 

265

Wendy Johnson

Assistant Executive Director, Oregon Law Commission. Explains HB 2275 that prohibits unlawful discrimination based on age by place of public accommodation under certain circumstances.  States that “age” was inadvertently left out (EXHIBIT D).

273

Vice Chair Ackerman

States this was a rewrite of the civil rights laws.

279

Talbot

Replies that is correct.

275

Marcia Ohlemiller

Bureau of Labor and Industries (BOLI) (EXHIBIT E). Submits testimony and testifies in support of HB 2275.

280

Talbot

Comments on the possible loss of rights due to the fact this is not in law.  Suggests an amendment addressing loss of right in HB 2275 and HB 2276.

310

Rep. Prozanski

Asks for clarification on additional amendments.

315

Talbot

Explains further rights of action.

324

 Rep. Prozanski

Asks what the normal statute of limitations is.

341

Ohlemiller

Responds one year.

353

Chair Williams

Asks where the discussion is regarding the amendment.

360

Rep. Barker

Asks if the law did not provide for the age discrimination issue, how can they go back and allow for it.

372

Talbot

Explains why it could be retroactive. Answers it was an inadvertent omission.

379

Ohlemiller

Explains an example of how the disabilities statute was inadvertently left out.

381

Vice Chair Ackerman

States that the question of whether this action can be retroactive has been brought up.

384

Chair Williams

Requests amendment from LC.

478

Danielle McNeil

Oregon Student Association, Southern Oregon University (SOU) (EXHIBIT F).  Submits testimony and testifies in support of HB 2275-1 amendment.

TAPE 31, A

011

McNeil

Gives personal experience related to HB 2275 and age discrimination in Ashland housing.

057

Rep. Krummel

Asks if an apartment is considered public housing.

065

Ohlemiller

Explains ORS 30.65 public accommodation law and discrimination statute concerning public housing.

073

Rep. Shetterly

Comments that categories in adult housing which are exempt from age discrimination.  States federal law may prohibit age discrimination.

086

Rep. Krummel

Asks about student discrimination in housing.

105

Chair Williams

Closes the public hearing on HB 2275.  Ask LC for an amendment. Opens a public hearing on HB 2276.

HB 2276 PUBLIC HEARING

119

Bill Joseph

Committee Counsel. Explains HB 2276 that permits compensatory and punitive damages in civil action for violation of certain injured worker rights.

133

Wendy Johnson

Assistant Executive Director, Oregon Law Commission.  Explains HB 2276 (EXHIBIT G). The Commission is not aware of opposition to the bill.

150

Annette Talbot

Deputy Commissioner, Bureau of Labor and Industry (BOLI). Asks for a similar amendment to address those who lose their rights.

161

Rep. Shetterly

Asks if there have been cases not able to move as the result of what this bill lacks.

162

Marcia Ohlemiller

BOLI. Submits testimony of Commisioner Dan Gardner and answers, those cases would have gone to court (EXHIBIT H).

170

Chair Williams

Closes the public hearing on HB 2276. Requests LC amendments. Opens a work session on HB 2274.

HB 2274 WORK SESSION

185

Bill Joseph

Committee Counsel. Explains -1 amendment was inadvertently left out of the bill. 

214

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2274-1 amendments dated 02/11/03.

 

 

VOTE:  9-0

216

Chair Williams

Hearing no objection, declares the motion CARRIED.

217

Rep. Shetterly

MOTION:  Moves HB 2274 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

218

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

220

Chair Williams

Closes work session on HB 2274.  Opens public hearing on HB 2284.

HB 2284 PUBLIC HEARING

250

Maury Holland

Professor of Law.  University of Oregon. Oregon Law Commission.  Submits testimony and explains reasons for HB 2284 (EXHIBIT I and J). Knows no opposition to the bill.  

TAPE 30, B

004

Holland

Continues presentation. Gives example of insufficiency of service. Describes how HB 2284 would rectify the failure of insufficient service.   

050

Holland

Discusses sufficiency of service and alias service.

090

Vice Chair Ackerman

Asks about the 60-day notice requirement. 

094

Holland

Replies it is important not to deprive defendants of protection from statutes of limitations.

114

Rep. Shetterly

Discusses ties with the statute of limitations; when filing with the court you have 60 days to make service.

126

Chair Williams

Closes the public hearing and opens a work session on HB 2284.

HB 2284 WORK SESSION

128

Rep. Shetterly

MOTION:  Moves HB 2284 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

130

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

132

Rep. Krummel

Asks why, on a re-filing, 180 days are allowed.

135

Holland

Answers that it must be shown that the defendant had actual notice of the original filing.

162

Chair Williams

Closes work session on HB 2284.  Opens a work session on HB2426.

HB 2426 WORK SESSION

174

Chair Williams

States the issue of public access on technical or advisory committees and task forces for Office for Oregon Health Police and Research subject to public meeting laws.  Asks if there is any testimony on this bill.

176

Chair Williams

MOTION:  Moves HB 2426 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

178

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

180

Chair Williams

Closes work session on HB 2426 and adjourns meeting at 2:50 p.m.

 

EXHIBIT SUMMARY

A -  LC 598, staff, 1 p

B -  HB 2274, Report by Oregon Law Commission, R. Jordan, 9 pp

C -  HB 2274, -1 amendment, Staff, 2 pp

D -  HB 2275, Report by Oregon Law Commission, W. Johnson, 4 pp

E -  HB 2275, Written testimony,  M. Ohlemiller, 1 p

F -  HB 2275, Written testimony, D. McNeil, 2 pp

G – HB 2276, Report by Oregon Law Commission, W. Johnson, 3 pp

H – HB 2276, Letter, M. Ohlemiller, 1 p

I –  HB 2284, Written testimony, M. Holland, 8 pp

J – HB 2284, Report by Oregon Law Commission, M. Holland, 5 pp