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.