HOUSE COMMITTEE ON JUDICIARY

 

 

May 06, 2003 Hearing Room 357

1:00 pm Tapes  176 - 178

 

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:            SB 255A Public Hearing and Work Session

                                                HB 2080 Work Session

                                                HB 3385  Work Session

                                                HB 3426 Work Session

                                                SB 397A Public Hearing and Work Session

                                                SB 259 Public Hearing

                                                SB 136A Public Hearing and Work Session

                                                SB 216 Public Hearing and Work Session

                                                SB 716A Public Hearing and 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 176, A

050

Chair Williams

Opens meeting at 1:05 pm.  Opens public hearing on SB 255A.  

SB 255A PUBLIC HEARING

060

Sen. Kurt Schrader

Senate District 20. Testifies in support of SB 255A which requires veterinarians to report suspected aggravated animal abuse.

079

Dave Barrows

Oregon Veterinarian Medical Association (OVMA). Testifies in support of SB 255A and submits testimony (EXHIBIT A).

080

Marcia Keith

OVMA. Testifies in support of SB 255A.

126

Lt.  Randy Covey

Oregon Humane Society. Testifies in support of SB 255A and submits testimony (EXHIBIT B).

142

Rep. Jenson

Gives example of dairy cattle abuse.

145

Lt. Covey

Clarifies this bill deals with abuse cases that veterinarians are aware of.  This bill creates a mechanism for veterinarians to report abuse.

143

Barrows

Refers to page 1, line 14 of the bill for clarification. Cites ORS 167.335, specific exemptions.

180

Rep. Shetterly

Discusses animal abuse in animal husbandry.

209

Barrows

Defines animal abuse.

234

Rep. Jenson

Asks about dairy industry health concerns.  Asks what happens if a landowner bars inspection.

270

Barrows

States this bill relates only to veterinarians.

280

Rep. Shetterly

Questions civil community in the bill and failure to report abuse.  Refers to Section 6. 

329

Chair Williams

Closes public hearing.  Opens work session on SB 255A.

SB 255A WORK SESSION

330

Rep. Shetterly

MOTION:  Moves SB 255A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 – Krummel, Macpherson

331

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

380

Chair Williams

Closes work session on SB 255A.  Opens public hearing on HB 2080.

HB 2080 WORK SESSION

384

Jim Gardner

Gardner and Gardner. Testifies in support of HB 2080, which provides that statute of limitations for product liability civil actions commences to run when plaintiff first discovered, or in exercise of reasonable care should have discovered, death, injury or damage complained of. Explains the -5 and -7 amendments and submits (EXHIBITS B-1 and C).

460

Richard Lane

Oregon Trial Lawyers Association (OTLA).  States this is almost a consensus bill as far as correcting two mistakes caused by the Gladhart and Canberry cases. Testifies in support of HB 2080 with the amendments.

480

Linda Eyerman

Attorney, Portland. Testifies that Section 1 is identical in -5 and -7 amendments.

TAPE 177, A

050

Eyerman

Continues testifying in support of HB 2080.  Thinks the -7 amendments are too narrow and fix only the Gladhart problem. Refers to section 2 of the -5 amendments which is more fair.  Says it is a policy decision.

110

Gardner

Refers to -7 amendments, page 2, “after exhaustion of all appeals.”

120

Rep. Krummel

Asks under the current statute what would the normal timeframe be to file a lawsuit.

131

Gardner

Answers in the pre-Gladhart period, it would have been 8 year statute of repose, and then 2 years to file.  

138

Lane

Refers to either -5 or -7 amendments, section 1 as pre-Gladhart.

142

Chair Williams

Discusses the -7 amendments. Asks who is missing in that category.

145

Eyerman

Leaving out death as the -7 does, revives Canberry. Suggests changes to the -7 amendment.

200

Lane

Describes three classes of people affected. 

220

Committee

Discusses the -5 and -7 amendments at length.  Discusses moving the bill forward.

290

Chair Williams

MOTION:  Moves to conceptually amend HB 2080-7 amendments dated 5/6/03 on page 2, line 7, by inserting "death" after the second "for" and page 2, lines 14-15 delete "after exhaustion of all appeals."

 

 

VOTE:  9-0

295

Chair Williams

MOTION:  Moves to ADOPT HB 2080-7 amendments dated 5/6/03 as conceptually amended.

 

 

VOTE:  6-3-0

AYE:               6 - Anderson, Barker, Jenson, Krummel, Shetterly, Williams

NAY:               3 - Ackerman, Macpherson, Prozanski

300

Chair Williams

The motion CARRIES.

315

Chair Williams

MOTION:  Moves HB 2080 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

325

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

TAPE 176, B

035

Chair Williams

Closes work session on HB 2080.  Opens work session on HB 3385.

HB 3385 WORK SESSION

040

Barbara Kanz

Vial-Fotheringham and the Condominium Association. Testifies in support of HB 3385 with the -3 amendments (EXHIBIT D). Believes bill balances between home owners and home owner associations.

079

Matt Farmer

Oregon Association of Realtors. Comments about unintended consequences. Questions about clouding title. Concern is filing things with no merit. Refers to section 2 of the bill. Concern is that due process be included.

180

Kanz

Discusses how statutes can terminate utilities. Adding in provisions merely codifies existing practice.

224

Farmer

Responds on the violations brought forth.

255

Chair Williams

Closes work session on HB 3385.  Opens work session on HB 3426.

HB 3426 WORK SESSION

280

Craig Prins

Committee Counsel.  Describes HB 3426 which restricts circumstances under which peace officer may use deadly physical force. Explains the -3 amendments (EXHIBIT E).

358

Rep. Jenson

Says he is not sure about the constitutionality of HB 3426. Discusses probable cause for death or serious injury.

404

Prins

Refers to section 4.

TAPE 177, B

008

Prins

Describes difference between Corrections Officers and street officers.

030

Rep. Prozanski

Refers to page 2 of the amendments.

054

Rep. Barker

States the intent is with police officer language.

060

Prins

Refers to current standards.

070

Stan Czerniak

Department of Corrections.  Explains policy of using least force necessary to stop an inmate. Describes only certain circumstances when lethal force can be used. Primary mission of officer is to protect the public.

109

Rep. Prozanski

Refers to amendments. Refers to necessity of force on low-level offenses.

115

Czerniak

Responds about treatment of prisoners and protection of the public.

139

Rep. Prozanski

Asks about the steps to reach threshold of apprehending prisoners in low level offenses.

145

Czerniak

Explains circumstances when an armed officer must respond to an event such as an escape. 

185

Rep. Shetterly

Asks about tools needed to contain work crews and other low-level risk prisoners.

227

Czerniak

Explains that work crew officers are unarmed.

266

Chair Williams

Describes the population of work crews.  Explains the institutional policy.  Asks Rep. Barker to work with counsel and DOC to clarify the bill so that it is more acceptable. Closes work session on HB 3426.  Opens public hearing on SB 397A.

SB 397A PUBLIC HEARING

300

Shawn Miller

Oregon Grocers Association (OGA). Testifies in support of SB 397A which establishes 3-year statute of limitation for civil action based on shoplifting or taking of agricultural produce, and submits testimony (EXHIBIT F).  

332

Shannon Poe

Winco Foods, Director of Security. Testifies in support of SB 397A and submits testimony (EXHIBIT G). Describes shoplifting as a big problem in the stores.

350

Rep. Shetterly

Comments on two-year statute of limitations.

394

Rep. Krummel

Asks about the courts collecting restitution.

TAPE 178, A

010

Rep. Barker

Discusses shoplifting as a crime.  Says SB 397A is a reasonable request.

020

Chair Williams

Closes public hearing on HB 397A. Opens work session on HB 397A.

HB 397A WORK SESSION

024

Rep. Barker

MOTION:  Moves SB 397A to the floor with a DO PASS  recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Prozanski

030

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

REP. BARKER will lead discussion on the floor.

015

Chair Williams

Closes work session on SB 397A.  Opens public hearing on SB 259.

SB 259 PUBLIC HEARING

069

Mark Landauer

City of Portland, Office of Government Relations. Testifies in support of SB 259 which requires person requesting inspection of public record that person knows relates to claim against public body to notify attorney for public body of request, and submits (EXHIBIT I).

077

Benjamin Walters

Deputy City Attorney, Portland.  Testifies in support of SB 259.

100

Staff

Submits testimony in support of HB 259 from City of Eugene (EXHIBIT H) and from the League of Oregon Cities (EXHIBIT J).

125

Chair Williams

Closes public hearing on SB 259.  Opens public hearing on SB 136A.

SB 136A PUBLIC HEARING

134

Tom Wrosch

Secretary of State, Corporation Division.  Testifies in support of SB 136A which permits Secretary of State to refuse to accept certain wrongful filings under Uniform Commercial Code Secured Transactions. Explains how some filers can manipulate filings (EXHIBIT K).

154

Chair Williams

Closes public hearing.  Opens work session on SB 136A.

SB 136A WORK SESSION

155

Rep. Shetterly

MOTION:  Moves SB 136A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-4

EXCUSED:  4 - Anderson, Barker, Krummel, Macpherson

156

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

157

Chair Williams

Closes work session on SB 136A.  Opens public hearing on SB 216.

SB 216 PUBLIC HEARING

181

Jeannette Holman

Division of State Lands.  Testifies in support of SB 216 which establishes contested case proceeding as method to resolve disputes in unclaimed property examinations (EXHIBIT L). 

230

Rep. Jenson

Asks about line 20, why was credit union omitted.

232

Holman

Responds credit union is included in the cross reference definitions.

240

Chair Williams

Closes public hearing on SB 216.  Opens work session on SB 216.

SB 216 WORK SESSION

242

Rep. Jenson

MOTION:  Moves SB 216 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

243

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

244

Chair Williams

Closes work session on SB 216.  Opens public hearing on SB 716A.

SB 716A PUBLIC HEARING

280

John Hellen

Oregon Charitable Gaming Association. Testifies in support of SB 716A which authorizes Department of Justice to approve linked progressive bingo game conducted by charitable, fraternal or religious organization.  Supports the –A2 amendments.(EXHIBIT M).

300

Rep. Jenson

Relates to the Happy Canyon Pendleton issue that was previously dealt with and asks if there are any problems in this bill.

325

Ross Laybourn

Department of Justice (DOJ).  Testifies that there are no options in the bill that would impact the Happy Canyon exception.

350

Rep. Prozanski

Asks why the A2 amendments are needed.

355

Hellen

Answers they want to get the game going before next spring.

360

Chair Williams

Closes public hearing on SB 716A. Opens work session on SB 716A.

SB 716 A WORK SESSION

361

Rep. Prozanski

MOTION:  Moves to ADOPT SB 716A-2 amendments dated 5/1/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

362

Chair Williams

Hearing no objection, declares the motion CARRIED.

363

Rep. Prozanski

MOTION:  Moves SB 716A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

364

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

365

Chair Williams

Closes work session on SB 716A. Adjourns at 3:25 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 255A, written testimony, Dave Barrows, 2 pp

B – SB 255A, written testimony, Lt. Randy Covey, 20 pp

B-1 – HB 2080-7 amendments, Jim Gardner, 2 pp

C – HB 2080-5 and -6 amendments, staff, 2 pp

D – HB 3385 Summary of -3 amendments, Barbara Kanz, 9 pp

E – HB 3426-3 amendments, staff, 2 pp

F – SB 397A, written testimony, Shawn Miller, 1 p

G – SB 397A, written testimony, Shannon Poe, 1 p

H – SB 259, written testimony of Seth Karpinski for City of Eugene, 1 p

I –  SB 259, written testimony from City of Portland, Mark Landauer, 2 pp

J -  SB 259, written testimony, League of Oregon Cities, 1 p

K – SB 136A, written testimony, Tom Wrosch, 2 pp

L – SB 216, written testimony, Jeannette Holman, 2 pp

M – SB 716-A2 amendment, staff, 1 p