July 7, 2005

The Honorable Karen Minnis

Speaker of the House

900 Court Street NE – Rm. 269

Salem OR 97301

 

       I have signed Enrolled House Bill 2730.  HB 2730 is intended to encourage participation of broadcasters in the Amber Plan, which has been developed to assist in the search for missing children, by immunizing broadcasters from most civil liability that could arise during the course and scope of that participation.  I fully support the implementation of an effective Amber Plan and efforts that encourage the voluntary participation of broadcasters and others in the Amber Plan program.

 

 

       However, I am writing to express concerns regarding HB 2730.  Serious constitutional issues about this bill were raised in the legislative process.  The Remedies Clause of Article 1, Section 10 of the Oregon Constitution protects the right to a remedy in cases where the common law recognized a cause of action in 1857.  Smothers v. Gresham Transfer, Inc. (Or. Sup. Ct. 2001).  I interpret HB 2730 narrowly to provide immunity to broadcasters only to the extent that they repeat official Amber Plan announcements, and I have signed HB 2730 with that understanding.  A thorough analysis of this issue and the state of the law in 1857 is necessary to analyze properly the constitutionality of this bill.  I encourage the Legislature to work with the Department of Justice to determine whether additional legislation is necessary to accomplish the goals of HB 2730 in a constitutionally permissible manner.