HOUSE COMMITTEE ON JUDICIARY

March 03, 2003 Hearing Room 357

1:00 p.m. Tapes 62-63

MEMBERS PRESENT: Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Lane Shetterly

MEMBER EXCUSED: Rep. Floyd Prozanski

STAFF PRESENT: Bill Taylor, Counsel

Ann Martin, Committee Assistant

MEASURE/ISSUES HEARD: Measure Introduction

HB 2422 Public Hearing and Work Session

HB 2099 Work Session

HB 2425 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 62, A
003	Chair Williams	Calls the meeting to order at 1:15 p.m. Discusses meeting agenda.
065	Chair Williams	MOTION: Moves LC's: 344, 345, 364, 365, 1414, 1464, 1492, 1500, 1620, 1717, 1766, 2288, 2515, 2525, 2529, 2617, 2784, 2845, 2894, 2922, 2954, 2955, 2957, 2960, 2961, 2999, 3001, 3020, 3068, 3090, 3091, 3092, 3136, 3137, 3168, 3169, 3231, 3244, 3282, 3294, 3362, 3387, 3418, 3455, 3456, 3457 BE INTRODUCED as committee bills (EXHIBIT A).
		VOTE: 8-0-1 EXCUSED: 1 - Prozanski
066	Chair Williams	Hearing no objection, declares the motion CARRIED.
HB 2422 PUBLIC HEARING
077	Gary Pelo	Legislative Assistant for Rep. Backlund. Testifies in support of HB 2422 which creates offense of failure to yield to traffic patrol member.
111	Judy Smith	City of Keizer, Marion County. Testifies in support of HB 2422.
162	Debra Latham	Crossing Guard, Whiteaker Middle School, City of Keizer. Testifies in support of HB 2422.
183	Vice-Chair Anderson	Asks if there are any provisions regarding the education of the public.
190	Smith	Says that she does not feel that this is a new concept and the public should already be aware of this offense.
203	Chair Williams	Closes the public hearing on HB 2422 and opens a work session on HB 2422.
HB 2422 WORK SESSION
211	Rep. Jenson	MOTION: Moves HB 2422 to the floor with a DO PASS recommendation.
217	Rep. Krummel	Asks what the language in the bill, “or are about to enter” in Section 2.
243	Rep. Barker	Explains that the crossing guard is already in the crosswalk and the children are about to cross.
254	Rep. Macpherson	States that this is one effort to try to make our roadways safer for children.
271		VOTE: 8-0-1 EXCUSED: 1 - Prozanski
272	Chair Williams	Hearing no objection, declares the motion CARRIED. MACPHERSON will lead discussion on the floor.
280	Chair Williams	Closes the work session on HB 2422 and opens a work session on HB 2099.
HB 2099 WORK SESSION
282	Bill Taylor	Committee Counsel. Introduces HB 2099 which requires attorneys for antitrust class of natural persons to notify Attorney General of filing and proposed settlement of claims under state antitrust laws.
304	Cheryl Pelligrini	Department of Justice. Says that they are waiting for final approval of the report from the Illinois Brick Interim Study Committee.
314	Andrew Aubertine	Department of Justice. Submits testimony and discusses recommendations for report (EXHIBIT B).
336	Rep. Shetterly	MOTION: Moves HB 2099 to the floor with a DO PASS recommendation.
		VOTE: 8-0-1 EXCUSED: 1 - Prozanski
347	Chair Williams	Hearing no objection, declares the motion CARRIED. WILLIAMS will lead discussion on the floor.
354	Chair Williams	Closes the work session on HB 2099 and opens a public hearing on HB 2425.
HB 2425 PUBLIC HEARING
355	Bill Taylor	Committee Counsel. Introduces HB 2425 which exempts from disclosure under public records law public body’s plan in connection with threat against individual or public safety.
384	Keith Kutler	Department of Justice. Submits testimony and testifies in support of HB 2425 (EXHIBIT C). Discusses hand-engrossed bill (EXHIBIT D).
TAPE 63, A
002	Kutler	Continues his testimony in support of HB 2425.
101	Andrea Meyer	American Civil Liberties Union (ACLU). Testifies on HB 2425. Says that they are comfortable with the amendments.
147	Kenneth Murphy	Deputy Director, Oregon Emergency Management. Testifies in support of HB 2425.
166	Gregory Willeford	Commander, Oregon State Police Bureau of Investigation. Submits testimony and testifies in support of HB 2425 (EXHIBIT E).
224	Wayne McFarlin	Chief of Police, McMinnville Police Department. Submits testimony and testifies in support of HB 2425 (EXHIBIT F).
260	Christy Monson	League of Oregon Cities. Testifies in support of HB 2425.
318	Candace Haines	Assistant Attorney, City of McMinnville. Testifies in support of HB 2425.
372	Tom O’Connor	Oregon Municipal Electric Utilities. Testifies in support of HB 2425.
406	Gary Bauer	Northwest Natural. Testifies in support of HB 2425.
TAPE 62, B
002	Bauer	Continues his testimony in support of HB 2425.
011	Schelly Jensen	Regulatory and Governmental Affairs Manager, Verizon. Testifies in support of HB 2425.
026	Dave Robertson	PG & E Gas Transmission NW. Testifies in support of HB 2425.
055	Vice-Chair Anderson	Questions their comments on keeping documents from executive sessions.
060	Bauer	Discusses the differences in executive sessions.
074	Vice-Chair Anderson	Comments on when the press is allowed in executive sessions.
085	Rep. Shetterly	Asks if any of the panel had participated in the formulation of the amendments.
084	Robertson	Answers that they participated last Fall in the formulation of the original bill, but have not participated in making the amendments.
102	Jeb Bladine	Publisher, News Register, McMinnville. Testifies in opposition to HB 2425, but favors the amendments.
153	Tom Gallagher	Oregon Newspaper Publishers Association (ONPA). Submits testimony and testifies in opposition to HB 2425 (EXHIBIT G).
198	Rep. Shetterly	Asks Mr. Gallagher if it is the public body that makes the public interest determination.
204	Gallagher	Explains that it’s a 3-step process.
220	Rep. Krummel	Asks what the remedy would be if a reporter shows up at a Public Utilities Commission Meeting and reports on details that could compromise the security of the plant.
241	Gallagher	Answers that in the worst-case scenario there would be irreparable harm.
285	Chair Williams	Asks Mr. Bladine if there are specific things that he is worried about not being disclosed.
306	Bladine	Clarifies that he agrees with all of the amendments. Says that the one concern is that the law can be misread or misused.
333	Gallagher	Discusses workgroup compromises.
358	Rep. Barker	Asks if there is a legal sanction to protect reporters.
371	Bladine	Answers that the sanction is the same as if they are a member of the public.
380	Vice-Chair Ackerman	Remarks that there is a practical sanction in that the governing body would have the authority not to invite the reporter back to an executive session.
285	Taylor	Discusses the task force that met during the interim.
392	Chair Williams	Mentions testimony given to the committee from the City of Portland, Oregon People’s Utility District Association (OPUDA), and the City of Eugene (EXHIBITS H-J).
TAPE 63, B
005	Jim Upshaw	University of Oregon Journalism School and Board Member of the State Chapter of Society of Professional Journalists. Testifies in opposition to HB 2425. States that he and the Society of Professional Journalists are not against this bill, but see problems in it.
055	Tom Henderson	Reporter, Itemizer Observer. Testifies in opposition to HB 2425.
061	James Mures	President, Society of Professional Journalists of Oregon and Assistant City Editor, Register Guard. Testifies in opposition to HB 2425.
086	Vice-Chair Ackerman	Commends news reporters, pointing out that in executive sessions, when the governing body gets off the point, the reporter gets them back on track by reminding them the meeting is on the record.
096	Rep. Krummel	Asks the panel if they were involved in the second meeting of the workgroup.
097	Mures	Answers that they were not represented there.
105	Chair Williams	Closes the public hearing on HB 2425. Introduces committee measures.
116	Chair Williams	MOTION: Moves LC's: 1570, 2234, 2616, 2783, 2867, 3420 BE INTRODUCED as committee bills (EXHIBITS K-P).
		VOTE: 8-0-1 EXCUSED: 1 - Prozanski
127	Chair Williams	Hearing no objection, declares the motion CARRIED.
129	Chair Williams	Recesses the committee until 4:30 p.m.
130	Chair Williams	Adjourns the meeting at 4:50 p.m.

EXHIBIT SUMMARY

A – Committee Measures for the House Judiciary Committee, submitted by staff, dated 3/3/03, 2 pgs.

B – HB 2099, written testimony and a report, submitted by Andrew Aubertine, dated 3/3/03, 46 pgs.

C – HB 2425, written testimony, submitted by Keith Kutler, dated 3/3/03, 3 pgs.

D – HB 2425, hand-engrossed bill, submitted by staff, dated 3/3/03, 21 pgs.

E – HB 2425, written testimony, submitted by Gregory Willeford, dated 3/3/03, 2 pgs.

F – HB 2425, written testimony, submitted by Wayne McFarlin, dated 3/3/03, 1 pg.

G – HB 2425, written testimony, submitted by Tom Gallagher, dated 3/3/03, 3 pgs.

H – HB 2425, written testimony of Robin Freeman, OPUDA, submitted by staff, dated 3/3/03, 1 pg.

I – HB 2425, written testimony of Mark Landauer, City of Portland, submitted by staff, dated 3/3/03, 2 pgs.

J – HB 2425, written testimony of Seth Karpinski, City of Eugene, submitted by staff, dated 3/3/03, 1 pg.

K – LC 1570, submitted by staff, dated 3/3/03, 88 pgs.

L – LC 2234, submitted by staff, dated 3/3/03, 7 pgs.

M – LC 2616, submitted by staff, dated 2/28/03, 3 pgs.

N – LC 2783, submitted by staff, dated 3/3/03, 2 pgs.

O – LC 2867, submitted by staff, dated 3/3/03, 14 pgs.

P – LC 3420, submitted by staff, dated 3/3/03, 4 pgs.