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