HOUSE COMMITTEE ON JUDICIARY

 

 

April 15, 2003 Hearing Room 357

1:00 pm Tapes  141 - 142

 

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 Joseph, Counsel

Nancy Massee, Committee Assistant

MEASURE/ISSUES HEARD:        

                                                HB 2581 work session

                                                HB 2066 work session

                                                HB 2279 work session

                                                HB 2235 work session

                                                HB 2103 work session

                                                HB 2658 work session

                                                HB 2080 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 141, A

005

Chair Williams

Opens meeting at 1:22 pm. Opens work session on HB 2581. 

HB 2581 WORK SESSION

014

Bill Joseph

Committee Counsel.  Explains HB 2581 which allows governing body to commence proceeding in circuit court to determine regularity and legality of certain actions of governing body.

018

Chair Williams

States the committee’s concern that the language created issue of claim preclusion for parties who are not party to initial action seeking determination.

023

Hannah Mills

Legislative Counsel.  Explains how the bill is written. Describes the adverse party.

060

Vice Chair Ackerman

Discusses claim preclusion. Refers to ORS 33.720 sub 6,  which sets up notice requirement. 

064

Mills

Responds it does give notice to parties.

067

Vice Chair Ackerman

States that if notice is given to a party, and the party answers joins the issues specified in the complaint, there is controversy to be ruled upon. States aside from the notice requirement there could be staff effort of the governing body to identify interested parties that might file answers and litigate the case.

080

Mills

Says she did not consider that part of the statute.

087

Vice Chair Ackerman

Asks if a complaint was filed to consider the validity of certain municipal action, if the complaint did identify all relevant issues, that would be a matter by which issue preclusion could be avoided.

091

Mills

Answers the courts have difficulty ruling when they do not have every issue that could possibly happen.

096

Vice Chair Ackerman

Answers that is characteristic of most litigation.  Supports the bill.

111

Joseph

Discusses offensive non-mutual collateral estoppel.

165

Chair Williams

Declares it seems like it does broaden. Hesitates because it may not provide the protection a municipality wants. 

189

Christy Munson

League of Oregon Cities. Says the League supports HB 2581 with future changes.

200

Joseph

Comments the bill, assuming the notice gets to a party that has an issue,  would be decided and litigated as part of the decision.

213

Vice Chair Ackerman

Describes thinly drafted complaints that cause problems. Comments that existing law works.  

230

Joseph

Explains the -1 and the -2 amendments from Rep. Ackerman (EXHIBITS A and B).

231

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2581-2 amendments dated 3/28/03.

 

 

VOTE:  9-0

232

Chair Williams

Hearing no objection, declares the motion CARRIED.

233

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2581-1 amendments dated 3/28/03.

 

 

VOTE:  9-0

234

Chair Williams

Hearing no objection, declares the motion CARRIED.

235

Rep. Ackerman

MOTION:  Moves HB 2581 to the floor with a DO PASS AS AMENDED recommendation.

236

Rep. Shetterly

Declares reservations regarding HB 2581.

237

Rep. Jenson

Declares reservations regarding HB 2581.

238

Rep. Krummel

Supports HB 2581.

 

 

VOTE:  7-2

AYE:               7 - Ackerman, Anderson, Barker, Krummel, Macpherson, Prozanski, Williams

NAY:               2 - Jenson, Shetterly

239

Rep. Prozanski

Declares reservations regarding HB 2581.

240

Chair Williams

The motion CARRIES.

REP. ACKERMAN will lead the discussion on the floor.

241

Chair Williams

Closes work session on HB 2581.  Opens work session on HB 2066.

HB 2066 WORK SESSION

242

Chair Williams

Reviews previous testimony on HB 2066 which makes miscellaneous changes to laws governing courts. Refers to the -15 and -16 amendments already approved by the committee (EXHIBITS C and D).  There is no fiscal impact.

243

Rep. Shetterly

MOTION:  Moves HB 2066 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  9-0

244

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

245

Chair Williams

Closes work session on HB 2066.  Opens work session on HB 2279.

HB 2279 WORK SESSION

258

Bill Joseph

Committee Counsel.  Reviews previous hearing of HB 2279 which enacts Revised Uniform Arbitration Act. The -4 amendments were approved by the committee previously. Discusses the -3 amendments (EXHIBIT E).

TAPE 142, A

040

James Damis

Oregon State Bar. Explains why HB 2279 is needed and the amendments.

062

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2279-3 amendments dated 3/19/03.

063

Rep. Jenson

Asks questions regarding HB 2279-3.

069

Damis

Responds to questions

080

Chair Williams

Responds to questions.

 

 

VOTE:  9-0

093

Chair Williams

Hearing no objection, declares the motion CARRIED.

094

Rep. Shetterly

MOTION:  Moves HB 2279 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

095

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

100

Chair Williams

Closes work session HB 2279.  Opens work session on HB 2235.

HB 2235 WORK SESSION

126

Bill Joseph

Committee Counsel Explains previous discussion on HB 2235 which modifies provisions relating to private security providers. Explains -1 and -2 amendments (EXHIBITS F and G).

138

Scott Tighe

Division Director, Standards and Certification Division, Department of  Public Safety Standards and Training. Supports the -1 and -2 amendments.

143

Harold Burkesimmers

Director of Public Safety, University of Portland. Chair, Private Security Advisory Committee.  Testifies in support of HB 2235.

155

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2235-1 amendments dated 2/20/03.

 

 

VOTE:  9-0

158

Chair Williams

Hearing no objection, declares the motion CARRIED.

160

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2235-2 amendments dated 3/21/03.

 

 

VOTE:  9-0

161

Chair Williams

Hearing no objection, declares the motion CARRIED.

162

Rep. Prozanski

MOTION:  Moves HB 2235 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

163

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

164

Chair Williams

Closes work session on HB 2235.  Opens work session on HB 2103.

HB 2103 WORK SESSION

172

Bill Joseph

Committee Counsel. Explains HB 2103 which prohibits person from selling, leasing or renting payment processing system that provides receipt with more information about customer than last four digits of customer’s credit or debit card number. Explains the concerns from previous hearing.

188

Cheryl Pellegrini

Department of Justice (DOJ). Explains the -1 amendment (EXHIBIT H).  Notes interested parties have agreed to amendment.

216

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2103-1 amendments dated 4/7/03.

 

 

VOTE:  9-0

217

Chair Williams

Hearing no objection, declares the motion CARRIED.

218

Rep. Prozanski

MOTION:  Moves HB 2103 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

219

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

220

Chair Williams

Closes work session on HB 2103.  Opens work session on HB 2658.

HB   2658 WORK SESSION

TAPE 141, B

010

Bill Joseph

Committee Counsel. Reiterates testimony on HB 2658 which exempts public employee and volunteer Social Security numbers from disclosure under public records law. Explains the -1 amendments (EXHIBIT I).

024

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2658-1 amendments dated 3/31/03.

 

 

VOTE:  9-0

025

Chair Williams

Hearing no objection, declares the motion CARRIED.

026

Rep. Prozanski

MOTION:  Moves HB 2103 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

027

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

030

Chair Williams

Closes work session on HB 2658.  Opens work session on HB 2080.

HB 2080 WORK SESSION

040

Richard Lane

Oregon Trial Lawyers Association.  Testifies in support of HB 2080 and the -1 amendments (EXHIBIT J). Discusses Gladhart v. Oregon Vineyard Supply Co.

050

Linda Eyerman

Attorney, Portland. Discusses reasons for HB 2080.  Testifies in support of HB 2080 and submits testimony (EXHIBIT K).

110

Eyerman

Continues presenting HB 2080 issues.  Discusses need for an explicit discovery rule. Says products liability actions do not have discovery provisions. Mentions Oregon Supreme Court case PGE v. BOLI. 

166

Eyerman

Discusses what will happen to Oregon consumers if rule is not adopted.  Explains the -1 amendments have three purposes. 

  • To better define the discovery rule.
  • To change the statute of limitations in cases of death to 3 years from date of death.
  • To revive cases dismissed by Gladhart.

180

Rep. Barker

Asks if this does not change the 8-year original statute of repose.

186

Eyerman

Responds there is no intent to change the statute of repose.

200

Chair Williams

Asks about language in section 2 relating to revival of actions.

220

Eyerman

Says the intent is to be specific to a category of cases that were dismissed based on the Gladhart rule and have been dismissed within two years of the effective date of the law.

240

Chair Williams

Questions lines 8 through 13 in the -1 amendments. Asks if this language is borrowed or codified case law.

263

Eyerman

Answers it was drafted by Legislative Counsel. ORS 30.908 provided the language.

270

Lane

Refers to lines 8 to 13, and Gaston v Parsons, a medical malpractice case.

272

Eyerman

Adds that Gladhart case defined a legally cognizable harm. Injury was defined as when the harm  was incurred which was inconsistent with earlier cases. Explains the need for the -1 amendments.

280

Rep. Shetterly

Discusses identifying when harm occurs.  

285

Eyerman

Replies that types of products fall under Gladhart involve pharmaceuticals, medical devices and products with latent injuries because they do not show signs of defectiveness.

290

Chair Williams

Describes letter from Lindsay, Hart, Neil and Weigler (EXHIBIT L) in opposition to HB 2080.

295

Eyerman

Explains previous to 1977 products liability cases were treated as negligence. Discusses ORS Chapter 12 and the discovery rule. Explains the exceptions statute in 1983. Continues relating the history of products liability law.

330

Lane

Adds information about asbestos and breast implant cases deal with ultimate repose area.

TAPE 142, B

062

Chair Williams

Cites those in opposition to HB 2080, Jim Markee, Paul Cosgrove, and Julie Brandis.

087

Jim Markee

PhRMA Pharmaceutical. Testifies in opposition to HB 2080 and submits testimony (EXHIBIT M).

100

Paul Cosgrove

Alliance of Automobile Manufacturers.  Testifies in opposition to HB 2080.

118

Julie Brandis

Association of Oregon Industries (AOI).  Testifies in opposition to HB 2080 which will increase product liability lawsuits and the cost of doing business.

130

Chair Williams

Discusses latent defect cases.  Wonders how does it not essentially operate as a 2-year ultimate statute of repose.

135

Cosgrove

Responds that question is under discussion.

166

Chair Williams

Comments on ultimate repose of 8 years.

170

Markee

Says he did not see the -1 amendments until this meeting. Says the 8 years is rendered useless.

172

Chair Williams

Asks the parties to look at the -1 amendments.

186

Rep. Shetterly

Comments on losing one’s rights before you know you have them.

190

Scott Gallant

Oregon Medical Association (OMA). Addresses the -1amendments which he has just seen.

229

Gallant

States HB 2080 has major implications and needs review.

239

Rep. Shetterly

Discusses latent defect on medical products.

300

Gallant

Replies this needs to be looked at carefully.

307

Rep. Prozanski

Asks if there is a timeframe for this bill.

314

Chair Williams

Closes work session on HB 2080.  Adjourns meeting at 3:05 pm.

 

EXHIBIT SUMMARY

 

A – HB 2581-1 amendment, Rep. Ackerman, 1 p

B – HB 2581-2 amendment, Rep. Ackerman, 1 p

C – HB 2066-15 amendment, staff,  3 pp

D – HB 2066-16 amendment, staff, 2 pp

E – HB 2779-3 amendment, James Damis, 4 pp

F – HB 2235-1 amendment, staff, 1 p

G – HB 2235-2 amendment, staff, 2 pp

H – HB 2103-1 amendment, Cheryl Pellegrini, 1 p

I  - HB 2658-1 amendment, staff, 1 p

J – HB 2080-1 amendment, staff, 2 pp

K – HB 2080, written testimony, Linda Eyerman, 1 p

L – HB 2080, written testimony, Jim Markee for Lindsay, Hart, Neil and Weigler, 2 pp

M – HB 2080, written testimony, Jim Markee, 1 p

N – HB 2080, written testimony, staff for National Federation of Independent Business (NFIB)