CONFERENCE COMMITTEE ON HB 3120B

 

 

July 29, 2003 Hearing Room D

9:00 AM      Tapes 1 - 2

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

                                                Rep. Mitch Greenlick

                                                Rep. Cliff Zauner

                                                Sen. Tony Corcoran

                                                Sen. Bruce Starr

 

STAFF PRESENT:                     Ray Kelly, Committee Administrator

                                                Linda K. Gatto, Committee Assistant

 

MEASURE HEARD:                     HB 3120B 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 1, A

004

Chair Garrard

Calls the meeting to order at 9:10 a.m. and opens a work session on  HB 3120B. Calls invited testimony regarding language in Section 14 of HB 3120B.

HB 3120B WORK SESSION

012

Diana Godwin

Private Administrative Law Attorney.  Explains that all licensing boards have extensive administrative rules that detail every type of offense regarding disciplinary actions. Provides details on the types of charges.

035

Godwin

Refers to and reads ORS 670.280, the general statute which states it must be a conviction and a logical nexus. Explains that Section 14 further amends the statute to include conduct. Summarizes that “conduct” gives too much power to the licensing board and is in the eye-of-the-beholder.

087

Sen. Corcoran

Asks who the originator of the amendment is.

091

Godwin

Answers the Department of Justice, the Attorney General’s office.

094

Ted Reutlinger

Legislative Counsel. States that Sections 14 and 15 are amendments that were the result of judicial opinion that various licensing boards could not impose discipline on licensees because the conduct was not related to the persons licensed activity.

109

Godwin

Adds that she has no objection to Section 15.

111

Philip Schradle

Special Counsel to the Attorney General. Informs that this bill was proposed because of the cases Dearborn vs. Real Estate Agency and Curly vs. Real Estate Agency. Provides information on the criteria used in the court’s interpretation.

154

Schradle

Concludes that the intent of these amendments is to allow licensing agencies to consider activity by licensee’s not directly in the course of the license activity that is substantially related to the fitness and ability to practice the licensed activity.

165

Sen. Corcoran

Explains Ms. Godwin’s concern is that it opens “conduct” as a rationale for denying a license and that the language is too broad.

180

Rep. Greenlick

Refers to sub 2 lines 1-5, page 15. Asks is there a substantive change or is this housekeeping.

183

Reutlinger

Responds this is housekeeping because the form and style of the legislature now uses “may not” instead of “shall not”.

200

Sen. Corcoran

Asks is the intent to allow a commission to look at issues other than specific job-related issues.

204

Reutlinger

Responds affirmatively explaining it was based on those cases.

213

Sen. Corcoran

Asks is the limitation “substantially related to the fitness and ability of the applicant to engage in the activity”. 

226

Reutlinger

Responds that a board or commission would have to establish a connection between the conduct and the fitness and ability of the person to engage in the licensed activity.

237

Sen. Corcoran

Asks if this amendment would have fixed the Dearborn case.

244

Schradle

Responds it would be questionable. Explains that in the Dearborn case the Supreme Court determined it was private acts, unrelated to his fitness or ability to perform real estate activity. Adds that in the Curly case it would have because the activity was related to the standards of practice in the real estate industry.

278

Godwin

Comments that licensing boards over-react and the language is objective, dependent on the eye-of-the-beholder.

288

Sen. Starr

Asks does this open up individuals to crimes of the past, prior to their career.

310

Schradle

Responds that all licensing board orders are subject to judicial review.  Comments that the determination would be in the present tense as it questions “fitness to practice”. Acknowledges that at some point as you move back in time circumstances would become unsupportable.

340

Godwin

Notes that in a conviction “all intervening circumstances” are taken into account. Expresses concern about time limits.

356

Sen. Starr

Asks if a statute of limitations would make her more comfortable.

359

Godwin

Responds it is the term “conduct” that does not have to be illegal or a civil wrong that is of concern.

390

Tom Gallenger

Urban Development Coalition.  States that Section 14’s issue was not their concern. Explains it was the business registry clause that they were concentrating on.

410

Chair Garrard

Asks if there are any thoughts on making changes to Section 14.

412

Rep. Zauner

Comments that he has concerns about the language being too broad.

424

Sen. Corcoran

States that this is an important bill and he is open to narrowing the language.

435

Rep. Greenlick

Expresses that he is comfortable with the language.

TAPE 2, A

007

Sen. Starr

Suggests eliminating line 8, page 15 “or impose discipline” and asks if that would make a difference.

015

Godwin

Responds if the committee was considering amendments, suggests deleting lines 7 to 10 of Section 14.

025

Rep. Greenlick

Asks have there been actual cases where licensing boards have denied someone based solely on conduct.

030

Godwin

Responds that she does not have knowledge of that but she does represent two people who were brought up for proceedings because of rudeness.

059

Schradle

Reiterates that the intent “is substantially related to the fitness to practice”.

069

Rep. Greenlick

Asks could that phrase be put in the line above. Is the concern about conduct or about limiting the circumstances in which conduct is considered.

086

General Conversation

Discussion regarding whether to consider specificity as to intent.

114

Rep. Zauner

MOTION:  Moves to ADOPT HB 3120B-8 amendments dated 07/10/03, (EXHIBIT A).

119

 

VOTE:  5-0

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

123

Chair Garrard

Requests that Rep. Greenlick and Sen. Starr meet with Ms. Godwin and Mr. Schradle to continue work on this concern.

131

Chair Garrard

Adjourns the meeting at 9:37.

 

 

EXHIBIT SUMMARY

 

A. HB 3120-B8 amendments dated 7/10/03, staff, 2 pp