HOUSE COMMITTEE ON JUDICIARY

 

April 08, 2003 Hearing Room 357

1:00 pm Tapes 127 - 130

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

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 3363 Public Hearing and Work Session

HB 2390 Public Hearing

HB 2094 Public Hearing

HB 2620 Public Hearing

HB 2821 Public Hearing and Work Session

HB 3167 Public Hearing

HB 3388 Public Hearing

HB 2811 Public Hearing and Work Session

HB 3339 Public Hearing and Work Session

HB 2733 Public Hearing

HB 2736 Public Hearing and Work Session

HB 2034 Work Session

HB 2082 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 127, A

005

Chair Williams

Opens meeting at 1:08 pm. Opens public hearing on HB 3363.

HB 3363 PUBLIC HEARING

035

Nancy Miller

 State Court Administrator’s Office.  Testifies in support of HB 3363 which allows certain persons to file petition seeking participation in drug court program, and submits testimony (EXHIBIT A).   Explains the entire bill is now the -3 amendments (EXHIBIT B).

072

Hon. Deanne Darling

Judge, Clackamas County Circuit Court. Testifies in support of HB 3363.  Explains how the drug courts operate.

090

Vice Chair Ackerman

Discusses the -3 amendments.  Asks how the criterion to get into a drug program is decided.

095

Judge Darling

Responds that there is a handbook laid out by the district attorney, court, defense, and treatment providers.

121

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 3363.

125

Stephanie Tuttle

Oregon District Attorneys Association.  Testifies in opposition to HB 3363 as it was originally written, but supports the -3 amendments.

146

Chair Williams

Closes public hearing on HB 3363. Opens work session on HB 3363.

HB 3363 WORK SESSION

148

Rep. Shetterly

MOTION:  Moves to ADOPT HB 3363-3 amendments dated 4/7/03.

 

 

VOTE:  9-0

149

Chair Williams

Hearing no objection, declares the motion CARRIED.

150

Rep. Shetterly

MOTION:  Moves HB 3363 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

151

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

152

Rep. Jenson

Asks where the cost effectiveness information is.

154

Miller

Replies that there were two evaluations done on the drug court program. The focus was on the outcomes of the program. Offers to get information on cost effectiveness for Rep. Jenson

170

Chair Williams

Closes work session on HB 3363.  Opens public hearing on HB 2390.

HB 2390 PUBLIC HEARING

230

Rep. Mark Hass

House District 27. Gives background on HB 2390 which prohibits all restrictions in non-competition agreements in broadcasting industry other than 30-day restriction on employee’s service in broadcasting industry after termination of employment, and relates reasons for the bill. Explains personal experience in broadcasting. Testifies in support of HB 2390 and submits testimony (EXHIBIT C).

319

Jeff Scovel

Broadcasting industry.  Testifies in support of HB 2390 and submits written testimony (EXHIBIT D). Gives personal experience.

TAPE 128, A

003

Scovel

Continues presentation on reasons why HB 2390 should pass.

020

John Williams

Portland Radio Personality. Gives personal experience in broadcasting.  Testifies in support of HB 2390 and submits testimony (EXHIBIT E).

043

Williams

Continues explaining non-competition agreements in broadcasting. 

058

Nicholas Fish

Attorney, Meyer and Wyse.  States his practice emphasizes labor employment law. Testifies in support of HB 2390 and submits testimony (EXHIBIT F).  

150

Rep. Macpherson

Discusses the type of agreements described by Mr. Fish.  Asks if there is a legitimate interest within the industry for the branding of personalities for non-competition agreements.  

155

Fish

Explains the practice of “branding” in the broadcasting industry.  

198

Chair Williams

Comments on the two-year non-compete within a 125-mile radius.

292

Fish

Explains how cases proceed for employees with limited resources.

301

Rep. Krummel

Asks about national talent. Asks why the local broadcasters have the non-competition agreements and high-priced broadcasters do not.

316

Fish

Explains how highly compensated personalities have more leverage.  Smaller markets with modest salaries do not have leverage to force an employer to back-off on these agreements. Explains other contractual provisions. 

388

Scovel

Comments on two-year non-competes. Describes what banding together will do.

400

Rep. Shetterly

Asks what is unique about broadcasting industry.

425

Fish

Gives example of no compete incident, highly compensated.

TAPE 127, B

051

Sen. Rick Metsger

Senate District 26. Comments there is a major difference in broadcasting within Federal Communications Commission. Supports HB 2390.  

060

Dan Gardner

Commissioner, Bureau of Labor and Industries (BOLI).  Testifies in support of HB 2390 and submits testimony and the -1 amendments (EXHIBITS G & H).

090

Rep. Prozanski

Asks if there is opposition.

092

Gardner

Replies it is a friendly amendment.

100

Dave Fiskum

Oregon Association of Broadcasters.  Opposes HB 2390. Introduces Ron Carter, David Lippoff. Mike Cheney.    

178

Ron Carter

KWJJ. Testifies in opposition of HB 2390 and submits testimony (EXHIBIT I).  Explains the huge investments made to promote airtime shows.

273

David Lippoff

KOIN.  Gives background in broadcasting.  Testifies in opposition of HB 2390 and submits testimony (EXHIBIT J).

377

Mike Cheney

Manager of Bend radio stations.  Testifies in opposition of HB 2390 and submits testimony (EXHIBIT K).

TAPE 128, B

020

Cheney

Continues presentation of smaller markets in broadcasting.

050

Rep. Barker

Comments about non-competes.

093

Vice Chair Anderson

Asks if it is the person that is kept from competing, or is it the voice, the face, or the branding.

098

Cheney

Answers the contracts are with individuals.  

127

Vice Chair Ackerman

Asks if he supports the part of the bill where the employee is laid off.

136

Cheney

Discusses “laid off” versus ending an employment arrangement. 

145

Rep. Prozanski

Asks if any employees refuse to sign contracts based on the non-compete agreement presented to them.

163

Carter

Replies they do not get the protection of the contract if they do not sign them; he does not believe there is a standard.

171

Cheney

States the non-compete clauses are for six months to one year.

180

Rep. Prozanski

Gives example of professional athletes.

200

Carter

Answers that when the professionals change they go to another market place.  This is a different kind of thing.

218

Rep. Jenson

Asks what is a reasonable time for non-competes.

220

Lippoff

Answers reasonable non-competes are six months to one year.

231

Rep. Jenson

Asks about two-year non-competes.

242

Fiskum

Explains two-year agreements are negotiations between employee and employer.

249

Staff

Submits testimony in support of HB 2390 by Wendi Weiss for the American Federation of Television and Radio Artists (EXHIBIT L), and supporting testimony by Ron Pivo (EXHIBIT M).

250

Chair Williams

Closes public hearing on HB 2390. Opens public hearing on HB 2094.

HB 2094 PUBLIC HEARING

282

Pete Shepherd

Deputy, Attorney General, Department of Justice.  Explains HB 2094 requires tobacco product manufacturers to report certain information to Attorney General. Explains this bill needs further work and there will be policy choices for the committee.

300

Chair Williams

Closes public hearing on HB 2094.  Opens public hearing on HB 2620.

HB 2620 PUBLIC HEARING

321

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to HB 2620 which provides that third offense of driving while under the influence of intoxicants is felony under specified circumstances.

350

Staff

Submits testimony (EXHIBIT N) from Governor’s Advisory Committee on DUII.

355

Chair Williams

Closes public hearing on HB 2620.  Opens public hearing on HB 2821.

HB 2821 PUBLIC HEARING

391

Bill Taylor

Committee Counsel. Explains HB 2821 which clarifies authority of sheriff to use such force as is necessary to enter into building or enclosure and take personal property when court has ordered sheriff to take property into custody at specific premises.

400

Rob Bovett

Assistant County Counsel, Lincoln County.  Testifies in support of HB 2821 and submits testimony (EXHIBIT O)

425

Marshall Ross

Senior Deputy, Multnomah County.  Testifies in support of HB 2821 and submits testimony (EXHIBIT P).

TAPE 129, A

048

Brian Wallace

Civil Deputy, Polk County.  Testifies in support of HB 2821 and submits testimony (EXHIBIT Q).

149

John Powell

Oregon State Sheriffs Association. Describes the -1 amendments (EXHIBIT R).

154

Chair Williams

Closes public hearing on HB 2821. Opens work session on HB 2821.

HB 2821 WORK SESSION

155

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2821-1 amendments dated 4/9/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

156

Chair Williams

Hearing no objection, declares the motion CARRIED.

157

Rep. Prozanski

MOTION:  Moves HB 2821 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

158

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

159

Chair Williams

Closes work session on HB 2821. Opens public hearing on HB 3167.

HB 3167  PUBLIC HEARING

210

Chair Williams

Closes public hearing on HB 3167.  Opens public hearing on HB 3388.

HB 3388 PUBLIC HEARING

215

Jim Main

Sheriff Douglas County.  Testifies in support of HB 3388 which allows city or county to charge booking fee to person committed to local correctional facility, and submits testimony (EXHIBIT S).

220

John Powell

Oregon State Sheriffs Association. Testifies in support of HB 3388.

233

Rep. Prozanski

Asks if these fees will be applied to everyone, or just those who do not have the ability to pay.

240

Main

Describes charging of fees.

245

Vice Chair Ackerman

Asks how much the county would gross.

382

Main

Replies that booking fees would bring about 30 percent collection rate.  Possibly $40,000 a year to go into other programs.

TAPE 130, A

050

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 3388.

075

Chair Williams

Closes public hearing on HB 3388.  Recesses meeting at 3:30 pm.  To reconvene at 5:30 pm.

090

Chair Williams

Reconvenes the meeting at 5:37 p.m.  Opens a public hearing on HB 2811.

HB 2811 PUBLIC HEARING

111

Kelly Peterson

Humane Society of United States.  Testifies in support of HB 2811 which expands definition of minimum care with regard to non-ambulatory livestock animals for purposes of certain criminal statutes.  Discusses work group efforts that lead to this legislation.  Clarifies the intent of the bill on how a non-ambulatory animal should be handled.

147

Glen Stonebrink

Oregon Cattleman’s Association. Testifies in support of HB 2811 and the -1 amendments (EXHIBIT T).

155

Rep. Shetterly

Signifies that the -1 amendments delete “veterinary” and insert “ongoing.”

168

Marcia Keith

Oregon Veterinary Medical Association.  Submits testimony and testifies in support of HB 2811 and the -1 amendments (EXHIBIT U).

172

Bruce Anderson

Eugene Livestock Auction. Supports the -1 amendments.

184

Rep. Shetterly

Thanks Ms. Peterson and Mr. Stonebrink for their efforts in getting this legislation to this point.

200

Lt. Randy Covey

Support Enforcement for Humane Society.  Testifies in support of HB 2811 and -1 amendments.

204

Chair Williams

Closes public hearing on HB 2811 and opens work session.

HB 2811 WORK SESSION

205

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2811-1 amendments dated 3/6/03.

 

 

VOTE:  9-0

206

Chair Williams

Hearing no objection, declares the motion CARRIED.

207

Rep. Shetterly

MOTION:  Moves HB 2811 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

208

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

209

Chair Williams

Closes the work session on HB 2811 and opens a public hearing on HB 3339.

HB 3339 PUBLIC HEARING

240

Kelly Peterson

Humane Society of United States.  Testifies in support of HB 3339 which creates crime of trading in non-ambulatory livestock. Discusses work group efforts that lead to this legislation. 

245

Glen Stonebrink

Oregon Cattleman’s Association.  Testifies in support of HB 3339 and the -1 amendments (EXHIBIT V).  Discusses why “knowingly delivers” is of importance in this legislation.

265

Marcia Keith

Oregon Veterinary Medical Association.  Submits testimony and testifies in support of HB 3339 (EXHIBIT W)

279

Bruce Anderson

Eugene Livestock Auction. Supports HB 3339.

280

Lt. Randy Covey

Support Enforcement for Humane Society. Supports HB 3339.

305

Rep. Shetterly

Commends panel on work done to produce this legislation.

344

Rep. Prozanski

Asks if “pot shots” can be taken to load animals.

351

Stonebrink

Replies he is not sure, but thinks that would bruise the animal and diminish the quality of the meat.

360

Chair Williams

Asks if that is a cattle prod.

365

Stonebrink

Responds affirmatively.

370

Chair Williams

Closes public hearing on HB 3339 and opens a work session on HB 3339.

HB 3339 WORK SESSION

371

Rep. Shetterly

MOTION:  Moves to ADOPT HB 3339-1 amendments dated 3/24/03.

372

 

VOTE:  9-0

373

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

374

Rep. Shetterly

MOTION:  Moves HB 3339 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

376

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

378

Chair Williams

Closes the work session on HB 3339 and opens a public hearing on HB 2733.

HB 2733 PUBLIC HEARING

410

Rep. Floyd Prozanski

House District 8.  Discusses the reasons for introducing HB 2733 which reorganizes provisions relating to venue in violation cases.

TAPE 129, B

028

Vice-Chair Ackerman

Asks for clarification on the geographic lines in Lane County.

035

Rep. Prozanski

Replies he isn’t sure where the geographic lines are drawn, but explains where particular courts might be located in the county.

040

Vice Chair Ackerman

Says the justice courts geographic limits are prescribed by ordinance less than what the county is.

047

Rep. Prozanski

Comments that is true, the same thing is in Florence Justice Court and Oakridge Justice Court; all are Justice of Peace courts within Lane County and have geographic location.

051

Rep. Shetterly

Asks if this bill expands the jurisdictional limit of the justice court in a particular county.

060

Vice-Chair Ackerman

Asks for clarification on the intent of the bill.

069

Rep. Prozanski

Explains the intent of HB 2733 is not to change what is already geographically marked but to make clear the options are limited to what was previously based in the statute and making certain municipal courts’ jurisdiction is limited to their city limits. Describes the jurisdictional limitations within the legislation.

074

Rep. Anderson

Asks for specific jurisdiction in Coburg and Harrisburg.

080

Rep. Prozanski

Explains which court might have jurisdiction based on the current statutes.  Says this does not limit the municipal court.

085

Chair Williams

Summarizes the intent of the bill.

095

Rep. Prozanski

Agrees with his summation.  Explains the only times the municipal court would have jurisdiction.

119

Chair Williams

Asks if this new wording would avoid “poaching” by a city policeman.

129

Rep. Krummel

Wonders if an interstate highway would limit the jurisdiction of city officials.

135

Rep. Prozanski

Explains who would have jurisdiction if an interstate highway passed within a city.

153

Rep. Macpherson

Asks for clarification concerning where a violation would be heard.

160

Rep. Prozanski

Clarifies where the violation could be heard by giving an example.

179

Bill Taylor

Committee Counsel.  Notes that the bill is difficult to comprehend and tries to clarify the legislation by using an example.

195

Rep. Macpherson

Appreciates the clarification.

201

Carl Myers

Oregon Municipal Judges Association.  Adds further clarification to the legislation by using an example of being stopped within the city limits of Salem, but in Polk County.  Says this bill does not change overlapping jurisdiction.

225

Chair Williams

Asks if that was Rep. Prozanski’s intent in this bill.

231

Rep. Prozanski

Agrees.

234

Rep. Barker

Suggests an amendment that municipal courts have jurisdiction only within city limits.

239

Chair Williams

Comments that “poaching” should be avoided.

245

Rep. Shetterly

Wonders about amending Chapter 221.

294

Myers

Still need language in Chapter 153 which has been misinterpreted.  Feels venue for handling a case can only be if the violation occurred within the boundaries of that jurisdiction.  Says Chapter 221 could be amended, but 153 has to be, as well.

300

Taylor

Suggests amendments.

303

Rep. Prozanski

Suggests a way of amending the legislation.

305

Chair Williams

Agrees that the legislation should be less complicated.

307

Chair Williams

Closes the public hearing on HB 2733.  Opens a public hearing on HB 2736.

HB 2736 PUBLIC HEARING

350

Rep. Floyd Prozanski

House District 8.  Introduces and testifies in support of HB 2736 which creates crime of interfering with firefighter or emergency medical technician.  Describes situations which lead to introduction of this bill.

393

Rep. Jenson

Wonders if other crimes could be prosecuted when interfering with a firefighter.

404

Rep. Prozanski

Says it depends on what actually happens on the scene and gives examples of various violations that could occur. 

TAPE 130, B

025

Rep. Jenson

Asks about more serious crimes that could be prosecuted.

030

Rep. Barker

Asks for clarification on the intent of the bill.

035

Rep. Prozanski

Describes intent is to give them the protection they need.  Before citing an individual, that notice would be given. The individual would have to have the knowledge they are interfering with the person doing their job.

040

Rep. Barker

Asks what would be done in a particular situation in Portland.

045

Rep. Prozanski

Explains how law enforcement would handle this situation.

055

Vice-Chair Anderson

Asks if volunteers would be covered as well.

058

Rep. Prozanski

Answers no, and clarifies who would be covered by this legislation.

072

Rep. Prozanski

Clarifies that this legislation is for a firefighter or emergency medical technician.

069

Chair Williams

Asks if it would include a volunteer firefighter.

072

Vice Chair Anderson

Wonders if it covers volunteer police.

076

Rep. Prozanski

Says that is covered under volunteer police officer.

090

Chair Williams

Asks if there might be a fiscal involved in creating a new crime.

093

Rep. Prozanski

Feels it will not be used that often to impact the state.

106

Chair Williams

Closes the public hearing on HB 2736 and opens a work session on HB 2736.

HB 2736 WORK SESSION

107

Rep. Prozanski

MOTION:  Moves HB 2736 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

108

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

110

Chair Williams

Closes work session on HB 2736.  Opens work session on HB 2034.

HB 2034 WORK SESSION

112

Bill Taylor

Committee Counsel.  Explains -6 amendments to HB 2034 which modifies definition of iodine matrix (EXHIBIT X). 

135

Chair Williams

Addresses concerns about minors, which was withdrawn, and the idea of putting the items behind the counter.

140

Taylor

Describes how that was withdrawn.

145

Chair Williams

Refers to previous issues by veterinarians which have been resolved.

150

Marcia Keith

Oregon Veterinary Medical Association.  Testifies in support of the -6 amendments.

171

Vice-Chair Anderson

Asks for clarification on the retailers’ issue of not wanting to lock up this medication.

185

Chair Williams

Describes how the amendments satisfy previous concerns of retailers.

189

Rep. Jenson

Asks for clarification on which parts of the bill have been deleted.

192

Rep. Macpherson

MOTION:  Moves to ADOPT HB 2034-6 amendments dated 4/1/03.

 

 

VOTE:  9-0

195

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

196

Rep. Macpherson

MOTION:  Moves HB 2034 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

197

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

199

Chair Williams

Closes work session on HB 2034. Opens a work session on HB 2082.

HB 2082 WORK SESSION

235

Jim McCloud

Manager for Quality Assurance, Office of Mental Health & Addiction Services.  Testifies in opposition to HB 2082 which allows investigator in civil commitment proceeding access to Law Enforcement Data System and submits testimony (EXHIBIT Y).  Gives specific reasons for his opposition.

260

McCloud

Testifies in support of the -1 amendments (EXHIBIT Z).

266

Chair Williams

Clarifies when the -1 amendments are in effect, but is not sure that these will be the only amendments to the bill.

280

Rep. Jenson

Expresses his opposition to HB 2082. States there is the issue of protecting the mentally ill.

290

Staff

Submits written testimony by Philip Chadsey in support of HB 2082 for National Association for the Mentally Ill (NAMI) (EXHIBIT AA).

300

Chair Williams

Discusses the reception of previous legislation to this effect.

302

Chair Williams

Closes the work session on HB 2082 and adjourns the meeting at 6:52 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3363, written testimony, Nancy Miller, 4 pp

B – HB 3363-3 amendments, staff, 2 pp

C – HB 2390, written testimony, Rep. Mark Hass, (notebook)

D – HB 2390, written testimony, Jeff Scovel, 1 p

E – HB 2390, written testimony, John Williams, 1 p

F -  HB 2390, written testimony, Nicholas Fish, 6 pp

G – HB 2390, written testimony, Dan Gardner, 2 pp

H – HB 2390-1 amendment, staff, 3 pp

I -  HB 2390, written testimony, Ron Carter, 2 pp

J -  HB 2390, written testimony, David Lippoff, 3 pp

K – HB 2390, written testimony, Mike Cheney, 2 pp

L – HB 2390, written testimony, Wendi Weiss, 4 pp

M – HB 2390, written testimony, Ron Pivo, 1 p

N – HB 2390, written testimony, Gretchen McKenzie, 1 p

O – HB 2821, written testimony, Rob Bovett, 1 p

P – HB 2821, written testimony, Marshall Ross, 1 p

Q – HB 2821, written testimony, Brian Wallace, 1 p

R – HB 2821-1 amendment, Staff, 1 p

S – HB 3388, written testimony, Jim Main, 1 p

T – HB 2811-1 amendment, staff, 1 p

U – HB 2811, written testimony, Marcia Keith, 1 p

V – HB 3339-1 amendment, staff, 1 p

W – HB 3339, written testimony, Marcia Keith, 1 p

X – HB 2034-6 amendment, staff, 1 p

Y – HB 2082, written testimony, Jim MacLeod, 2 pp

Z – HB 2082-1 amendment, staff, 1 p

AA – HB 2082, written testimony, Philip Chadsey (NAMI), p 1