HOUSE COMMITTEE ON JUDICIARY

 

 

February 20, 2003   Hearing Room 357

1:00 P.M.  Tapes  50 -52

 

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

 

STAFF PRESENT:                  Bill Taylor, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

                                                HB 2086 Public Hearing

                                                HB 2206 Public Hearing

                                                Introduction of LC 1486, LC 2430, LC 2543,

                                                LC 2893, LC 2948, and LC 2949

                                                HB 2207 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 50, A

004

Chair Williams

Opens meeting at 1:00 P.M.  Opens public hearing on HB 2086.

HB 2086 PUBLIC HEARING

020

Kelly Peterson

Pacific Northwest Regional Office of the Humane Society of the United States submits (EXHIBIT A).  Introduces Chief Jim Harper, Dallas Police Department who submits testimony and testifies in support of HB 2086 (EXHIBIT B); Lieutenant Randy Covy, Oregon Animal Control Council.  Explains it is legal to raise fighting cocks in Oregon, although cockfighting is a Class A misdemeanor.

083

Peterson

Continues explaining HB 2086.  Cock fighting also Involves the illegal crime of gambling, and is often associated with illegal drug possession, and illegal firearms possession.

109

Chief Jim Hobson

Oregon Association of Chiefs of Police.  Supports HB 2086. Describes the process needed for a search warrant. Describes the large number of enforcement officers needed to conduct a search and seizure.  Explains civil liberties are protected.

150

Detective Jason Alexander

Woodburn Police Department.  Describes his personal experience investigating a Woodburn site that had over 100 gamecocks. Describes the physical condition of the birds.  Shows pictures of the birds.  Describes the large amount of money handled at these fights.  

230

Lt. Randall Covy

Humane Society Animal Control Council.  Supports HB 2086. Describes how cocks are fitted with razor slashers and altered for fighting and the drug paraphernalia found around the sites. Says HB 2086 follows language in the dog fighting bill, and  protects lawful bird activities. It also allows law enforcement the tools to prosecute illegal acts associated with cockfighting.

375

Rep. Shetterly

Refers to the 2001 Legislative Session and a previous cockfighting bill.

380

Chair Williams

Answers that this is the same bill.

385

Rep. Shetterly

Refers to page 6, line 13.  Compares  the “dog” bill language and asks if “fighting bird” should be defined in HB 2086.

430

Chair Williams

Says not changing it leaves it to the discretion of the prosecutor.

450

Covy

Refers to conversation and agrees that it allows discretion.

020

Rep. Prozanski

Says it does not need to be built into the law.

TAPE 51, A

040

Marcia Keith

Oregon Veterinary Medical Association. Supports HB 2086 and submits testimony (EXHIBIT C). Gary Hendel submits testimony in support of HB 2086 (EXHIBIT D).

058

Cheryl  Brittain

Oregon Animal Welfare Alliance.  Supports HB 2086 and submits testimony (EXHIBIT E). Wayne Geiger submits testimony support of HB 2086 (EXHIBIT F).

077

Ed Clarkson

Humane Society of the Willamette Valley.  Describes personal experience in discovering cockfighting’s secretive nature.  Supports HB 2086.  Describes other kinds of crimes that are related to animal cruelty.

117

Rhonda Urben

Salem citizen. Submits testimony and testifies in support of HB 2086 (EXHIBIT G).  Lives across the street from where 200 fighting cocks are kept.  Describes how the noise is so loud that it impinges on the tranquil life of the community.

175

Lloyd McClure

Medford Citizen. Supports HB 2086 and submits testimony (EXHIBIT H). Lives in neighborhood where cocks are raised. Describes cruelty issues and the noise in the neighborhood.  Explains his property is no longer saleable. Describes how animal control and law enforcement are tied.

211

Andrea Kozil

Salem Citizen. Describes 2001 Legislative Session’s failure to pass out this bill.  Supports HB 2086.  Asks the committee to follow through with this bill.

230

Rep. Shetterly

Supports HB 2086. Supports the animal welfare issue.

260

Larry Mathews

Silverton, Oregon.  Oregon Gamefowl Breeders Association.  Opposes HB 2086 and submits testimony (EXHIBIT I). Describes raising birds for breeding purposes in other countries.  Describes feather marketing industry for fly tying. Describes how trimming of the fowls is for “show.” Describes spur cutting for safety purposes. Describes the negative economic impact HB 2086 would cause to the gamefowl breeders industry.

342

Mathews

Continues explaining the game breeders industry.  Explains how, under HB 2086, bird breeders could be arrested for having these birds.

425

Dr. Francine Bradley

University of California at Davis, Poultry Science Department.  Explains that poultry producers are concerned about HB 2086.  States the bill does not define “probable cause.”  Describes birds used for poultry exhibition and used for cockfighting. HB 2086 definition of “cock fight” is incorrect in poultry definitions.  Term of “fighting” is vague. Birds are dubbed in the poultry industry.  Removal of comb, waddles, and ear lobes is a management practice.  Shaving of feathers around vents to improve fertility and reduce parasites. Refers to equipment noted in bill. 

TAPE 50, B

040

Dr. Bradley

Continues explaining the poultry breeder’s interest in this bill.  Opposes HB 2086.

059

Leslie Melvill

Oregon Poultry Farmers’ Association and the Oregon Poultry Industries Council. Serves on numerous councils and boards relating to the poultry industry. Serves on Disease Control Force Newcastle epidemic in California. Helped draft the Animal Welfare Amendment Act (1976).  Explains federal disease control programs. Believes that HB 2086 can destroy the poultry industry in Oregon.  Suggests the Oregon Department of Agriculture needs to look at this bill.

200

Rep. Prozanski

Asks Dr. Bradley about “probable cause.” Has there been a better bill than this in another state?

214

Dr. Bradley

Answers if the purpose is to outlaw the activity, then one should be found guilty based on engaging in that activity, not relying on someone you think might be doing that.

220

Rep. Prozanski

Asks if any state has better legislation in this country regarding cockfighting.

221

Dr. Bradley

Replies she has California legislation which is not perfect, but is a little tighter.

223

Rep. Shetterly

Comments on the impact of HB 2086 on legitimate breeders and growers. Asks about the bill prohibiting dog fighting.  Refers to “cockfight” definition.  Points out language in HB 2086 that narrows the intent.  Does not believe this bill is the death of all game fowl breeders in the state.

224

Dr. Bradley

Comments how general law enforcement and the public are more familiar with dogs than farm fowl.  Continues describing birds that are used by other cultures and their multi-uses.

317

Chair Williams

States that this bill is to prohibit knowingly participating in cockfighting. Believes cockfighting is an inappropriate and inhumane activity. 

345

Melvill

Discusses summary.  Suggests Section 1, number 3 needs to be amended.

355

Chair Williams

Points out the definition.  Says the “knowingly” standard has to be proven by law enforcement.

374

Mathews

Asks if there is a work session scheduled.

377

Chair Williams

Answers, a work session has not been scheduled.

376

Rep. Krummel

Asks Dr. Bradley if the California laws have caused problems for the exotic bird breeding industry.

384

Dr. Bradley

Replies that many breeders have been harassed and raids have been made causing breeders to retain legal counsel.

399

Greg Addington

Oregon Farm Bureau. Introduces Barry Bushue.  Points out that the bureau does not support cockfighting. Explains some issues with HB 2086.  Feels that the bill could produce a hardship on poultry farmers.  

e446

Barry Bushue

President Oregon Farm Bureau.  Opposes HB 2086. Does not support cockfighting.  States the bill will cause problems to farmers. 

TAPE 51, B

040

Rep. Shetterly

Clarifies part of HB 2086.

060

Bushue

Points out concerns with HB 2086. States we should use the laws in place to control cockfighting.  Describes how farm products have to be protected.

086

Mike Baker

Game fowl owner. Opposes HB 2086. Describes sparring roosters.     

140

Shane Holst

Opposes HB 2086.  Does not believe there is the right to tell people whether they can raise game birds.

173

Staff

Submits testimony from various interested parties (EXHIBITS J through O).

174

Chair Williams

Closes public hearing on HB 2086.  Opens public hearing on HB 2206.

HB 2206 PUBLIC HEARING

177

Bill Taylor

Committee Counsel.  Explains HB 2206 that creates crime of abuse of memorial to dead in first degree.  Explains the -1 amendment (EXHIBIT S).

228

Shannon Applegate

Supports HB 2206 and submits testimony (EXHIBIT P).  Describes how memorials are stolen and sold on E-Bay.  Describes vandalism to pioneer headstones.    

296

Carol Surrency

Oregon Historic Cemeteries Association.  Supports HB 2206 and submits testimony (EXHIBIT Q).  Gives examples of vandalism in historic Oregon cemeteries.    

387

Joseph Lyons

Executive Director, Oregon Historical Cemeteries Association. Submits testimony and testifies in support of HB 2206.(EXHIBIT R). Gives personal experience working with historic cemeteries and describes vandalism.

462

Rep. Krummel

Refers to page 2.  Refers to -1 amendment and submits (EXHIBIT S).

TAPE 52, A

030

Rep. Krummel

Asks how the amount of damages is determined in vandalism.

050

Applegate

Responds about fines and restitution.  Says experts would be needed to put a value on historic headstones.

055

Rep. Krummel

Comments that a fine and restitution could be whatever the court deems.

070

Rep. Prozanski

Points out that all cemeteries are victims, not just pioneer cemeteries.  Supports the concept; is concerned with the classification of the crime and the fines impugned.

119

Chair Williams

Recesses the public hearing on HB 2206 to introduce LC 1486, LC 2430, LC 2543, LC 2893, LC 2948, and LC 2949 (EXHIBIT T)

INTRODUCTION OF COMMITTEE BILLS

120

Chair Williams

MOTION:  Moves LC's:  1486, 2430, 2543, 2893, 2948 AND 2949 BE INTRODUCED as committee bills.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Macpherson

121

Chair Williams

Hearing no objection, declares the motion CARRIED.

122

Vice Chair Ackerman

Re-convenes public hearing on HB 2206.

HB 2206 PUBLIC HEARING

157

Rep. Shetterly

Discusses the issue of fines and restitution in HB 2206.

176

Rep. Prozanski

Suggests adding a directive to the court,  “the court shall consider . . .”

180

Vice Chair Ackerman

Refers to “historical value” to be considered.

190

Vice Chair Anderson

Comments on damage to pioneer cemeteries in Josephine County.

205

Applegate

Explains this is an ongoing survey that shows partial statistics.

216

Vice Chair Ackerman

Closes public hearing on HB 2206.  Opens public hearing on HB 2207.

HB 2207 PUBLIC HEARING

240

Jana Tindall

Parks and Recreation Department. Explains HB 2207 that authorizes the State Parks and Recreation Department to request Department of State Police to provide criminal offender information about subject individuals and submits testimony  (EXHIBIT U).

252

Rep. Krummel

Asks if this action is only State Parks, or is this a general authorization for any state agency.

270

Tindall

Specifically for the agencies included on page 5, sub 17.

272

Rep. Prozanski

Comments that they are trying to standardize.  Asks if this is the best way to accomplish the goals.  Refers to page 1, line 7, says in order to protect vulnerable Oregonians, and now this would mean anyone.

303

Tindall

Explains what people would be vulnerable to employees.

315

Rep. Prozanski

Suggests that the legislature may want to encompass all state employees’ background checks.

345

Rep. Krummel

Comments that this was for Department of Human Services and Employment Department employees originally to protect vulnerable people at the State Hospital and Fairview. Asks how this would affect the use of inmates for maintenance.

355

Tindall

Answers those individuals are under supervision when they are working.

388

Vice Chair Ackerman

Closes public hearing on HB 2207 and adjourns meeting at 3:16 P.M.

 

 

EXHIBIT SUMMARY

 

A – HB 2086, written testimony and news articles, Kelly Peterson, 20 pp

B – HB 2086, letter, Jim Harper, 1 p

C – HB 2086, letter, Marcia Keith, 1 p

D – HB 2086, letter, Gary Hendel, 1 p

E -  HB 2086, letter, Cheryl Brittain, 1 p

F – HB 2086, letter, Wayne Geiger, 1 p

G – HB 2086, letter, Rhonda Urban, 5 pp

H – HB 2086, written testimony, Loyd McClure, 1 p

I – HB 2086, written testimony, Larry Mathews, 4 pp

J – HB 2086, letter, Sgt. C Durbin, Staff, 1 p

K – HB 2086, written testimony, Art Martinak, 1 p

L – HB 2086, letter, Sarah Bleeden,  1 p

M – HB 2086, letter, R. Stephen Atchison, 4 pp

N – HB 2086, letter, Eileen Stark, 1 p

O – HB 2086, letter, R. Stephen Atchison, 1 p

P – HB 2206, written testimony, Shannon Applegate, 2 pp

Q – HB 2206, written testimony, Carol Surrency, 2 pp

R – HB 2206, written testimony, Joeseph Lyons, 1 p

S -  HB 2206-1, amendments, staff, 2 pp

T – LCs 1486, 2430, 2543, 2893, 2948, 2949

U – HB 2207, written testimony,  Jana Tindall, 2 pp