HOUSE COMMITTEE ON TRANSPORTATION

 

 

February 10, 2003   Hearing Room 357

8:30 a.m. Tapes  19 - 20

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Elizabeth Beyer, Vice-Chair

Rep. John Mabrey Vice-Chair

Rep. George Gilman

Rep. Mitch Greenlick

Rep. Cliff Zauner

 

MEMBER EXCUSED:             Rep. Jackie Dingfelder

 

STAFF PRESENT:                  Janet Adkins, Administrator

Ryan Sherlock, Assistant

 

MEASURE/ISSUES HEARD:            HB 2221 – Public Hearing and Work Session

HB 2038 – 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 19, A

003

Chair Brown

Calls meeting to order at 8:34 a.m., and opens public hearing on HB 2221.

HB 2221 – PUBLIC HEARING

005

Janet Adkins

Committee Administrator. Offers description of HB 2221.

020

Gretchen McKenzie

Governor’s Advisory Committee on DUII, Legislative Analyst. Introduces Teresa Douglas.

025

Teresa Douglas

Alcohol and Drug Evaluation Specialist; Governor’s Advisory Committee on DUII, Member. Offers written testimony (EXHIBIT A) in support of HB 2221.

085

Rep. Mabrey

Asks about the use of Bench Probation, and its effectiveness.

095

Douglas

Explains that in Clackamas County it is only used for people who are out of state, and it is not used often.

100

Rep. Beyer

Asks if the proposed fee covers the total cost of the service, or whether there are still unmet costs.

102

Douglas

Explains that the costs are different for public vs. private providers, but in her experience the costs are about $125 to $130.

105

Rep. Gilman

Asks for the studies which justify the costs.

110

Douglas

Refers to a formal study done by Multnomah County, but indicates her figures come from her own experience.

113

Rep. Gilman

Expresses his desire to see numbers which justify the fee increase.

115

Rep. Zauner

Asks if illegal aliens enter into the same program.

120

Douglas

Explains that the treatment programs have no way of knowing whether those enrolled are illegal aliens or not.

122

Zauner

Clarifies that when an individual is referred to a program, that the individual already has a conviction.

124

Douglas

Explains that those enrolled have a conviction, or are on a diversion program.

125

Zauner

Asks about drug treatment and deportation of illegal aliens.

130

Douglas

Explains that she is unaware of any deportations from a treatment program in Oregon.

132

Serena Cruz

Multnomah County Commissioner. Offers written testimony (EXHIBIT B) in support of HB 2221. Address the use of Bench Warrants to prosecute repeat DUII’s.

180

Rep. Greenlick

Asks why HB 2221 does not address the full cost, estimated at $150, of these programs.

185

Cruz

Explains that she was not involved in drafting the bill, but indicates that the proponents would appreciate more flexibility in deciding these fees.

190

Rep. Greenlick

Clarifies that the HB 2221 does not cost the state any more, but allows the treatment programs to recover the full costs of treatment.

195

Cruz

Concurs.

200

Chair Brown

Clarifies that the private contractors of treatment programs charge an individual referred to the program $90, and the county was making up the difference between that charge and the true cost of the program.

202

Cruz

States that her county directly funds about $250,000 a year, which was cut in the midyear rebalance.

205

Rep. Zauner

Asks about the disparity in cost between Clackamas County ($130) and Portland ($150).

210

Cruz

Indicates she is unsure as to the reason for the cost disparity.

225

Chair Brown

Asks why the fee is controlled by statute.

230

Douglas

Indicates the fee was intended to be uniform state wide.

235

Rep. Mabrey

Asks whether the $130 comes closer to recovering the true cost, or is an arbitrary number.

240

Douglas

Explains that $130 was the initial number which came from an average figure for the state.

245

Rep. Greenlick

Asks whether those referred to treatment programs pay the full cost of that program.

250

Cruz

Observes that they do pay the full cost of treatment.

265

Adkins

Explains that the $130 figure is an average that came from surveying programs from around the state.

270

Chair Brown

Closes the public hearing on HB 2221, and opens a work session on HB 2221.

HB 2221 – WORK SESSION

275

Rep. Greenlick

Questions the number of fees assessed and the limitation of fees within the statute. Suggests an amendment allowing flexibility in deciding the fee for the screening interview.

290

Chair Brown

Recalls that the witnesses who have testified mentioned the reason for the fee being the desire for uniformity across the state.

295

Rep. Greenlick

Observes that there is not uniformity in the cost of the treatment program which is the largest cost.

305

Rep. Beyer

Refers to testimony requesting an emergency clause, and asks whether the committee should ask for an amendment introducing an emergency clause.

315

Adkins

Explains the bill would take effect January 1st, 2004 as currently written.

320

Rep. Greenlick

Expresses his desire to see an emergency clause.

325

Rep. Beyer

Observes that this increase is not necessarily linked to inflation, but linked to the extra service which was added into the statute.

340

Chair Brown

Closes the work session on H 2221, and opens a public hearing on HB 2038.

HB 2038 – PUBLIC HEARING

345

Adkins

Offers a description of HB 2038, and the -2 amendment.

395

Chair Brown

Indicates his intention to amend HB 2038 with the -2 amendment (EXHIBIT C), and offers his reasons for doing so.

TAPE 20, A

002

Jim Botwinis

Oregon State Police Officers’ Association. Offers written testimony (EXHIBIT D) in support of HB 2038.

055

Chair Brown

Asks what the cost is to retrain one officer for full operation.

060

Botwinis

Indicates the department is working on the numbers, but observes the total number is around $106,000, and for training only (eliminating the officers salary for the first twelve months) the cost is about $50-$60 thousand dollars.

065

Chair Brown

Clarifies that by keeping troopers on the road keeps the state from paying this training fee.

070

Botwinis

Agrees, observing that the state has already lost some officers to other agencies and states.

075

Rep. Zauner

Asks whether some of the officers have retired.

078

Botwinis

Discusses officer retirement.

080

Rep. Zauner

Asks whether any administration personnel have been cut.

085

Botwinis

Explains that the department has a plan in place to reduce its administration.

090

Rep. Mabrey

Clarifies that HB 2038 is a one time fix, and refers to a proposal offered by House Speaker Minnis to further fund the state police, questioning the ability to retain these troopers after the one time funding is depleted.

115

Botwinis

Discusses the difficulty presented to the legislature in deciding funding for the Oregon State Police, underlining the importance of funding state police long term.

130

Rep. Mabrey

Clarifies that this bill just buys time.

135

Botwinis

Concurs.

140

Rep. Beyer

Clarifies that the Speakers bill does not have a funding mechanism for the reinstated troopers and questions whether some money being discussed in HB 2038 could be found for the original purpose of funding tire recycling.

160

Botwinis

Disagrees, stating that the Speakers bill does fund the rehired troopers, and the funding from HB 2038 is in addition to the Speakers funding.

165

Chair Brown

Clarifies that HB 2038 does have a referral to Ways and Means.

168

Rep. Greenlick

Indicates that he does have some questions regarding the bill.

175

Bob Danko

Department of Environmental Quality (DEQ). Offers written testimony (EXHIBIT E) regarding HB 2038.

245

Chair Brown

Indicates that he does not see any reference to the West Nile Virus in the original bill.

247

Danko

Acknowledges the point, refers to the DEQ’s mandate to keep waste tires out of the environment.

250

Chair Brown

Asks whether at the time of the scrap tire bill there was another bill which limited those who could keep scrap tires.

255

Danko

Explains that there was one all inclusive tire bill in 1987, and discusses who can accumulate tires.

275

Rep. Zauner

Asks how the tires are disposed.

280

Danko

Discusses the disposal of waste tires received by the DEQ.

295

Rep. Zauner

Asks which state the tires go to.

297

Danko

Explains that Oregon is a net importer of waste tires.

300

Rep. Zauner

Mentions an organization in McMinnville which takes old tires.

310

Danko

Discusses the function of the McMinnville company and how they recycle waste tires, and import large quantities.

325

Rep. Greenlick

Asks for clarification regarding the West Nile Virus problem, and what proportion of the mosquito problem breeds in waste tires.

330

Danko

Recommends specific answers regarding the West Nile Virus be obtained from the Department of Health.

345

Rep. Greenlick

Asks if chipped tires eliminate the purposed problem.

348

Danko

Affirms that chipped tires cannot hold water, eliminating the West Nile problem from waste tires.

350

Rep. Mabrey

Asks whether there are still attempts to use chip tires in road construction.

355

Danko

Discusses the use of chip tires in roadways.

370

Doug Riggs

Metro. Offers testimony regarding HB 2038.

TAPE 19, B

035

Chair Brown

Explains the -2 amendment.

045

Rep. Zauner

Asks why recycling of waste tires has dropped.

050

Riggs

Discusses the general decline in waste tire recycling, mentioning the problems posed by importing waste tires to Oregon.

065

Rep. Zauner

Asks whether the reason for importing tires is money.

070

Riggs

Discusses the trend in other states to implement scrap tire recycling.

080

Chair Brown

Closes the public hearing on HB 2038, and opens a work session on HB 2038.

HB 2038 – WORK SESSION

085

Rep. Gilman

MOTION:  Moves to ADOPT HB 2038-2 amendments dated 02/10/03.

095

Rep. Beyer

Indicates her intent to vote AYE for the bill, but discusses her concerns regarding the bill.

105

Rep. Gilman

Discusses his vote in 1987 for the tire bill, and his continued support for that program, but also indicates his desire to fund the state police avoiding projected cuts.

110

Rep. Greenlick

Questions whether the bill should be referred to the Special Budget Committee rather than Ways and Means.

125

Chair Brown

Clarifies that he inquired with the Speakers Office regarding the subsequent referral, and was directed to send the bill to Ways and Means.

130

Rep. Mabrey

Clarifies his belief that the tire waste program is extremely important, but is subordinate to the current need to fund the Oregon State Police.

135

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Dingfelder

 

Chair Brown

The motion CARRIES.

140

Rep. Zauner

MOTION:  Moves HB 2038 with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

165

Chair Brown

Discusses the tire industry’s historic support for waste tire clean-up, and expresses concern for the amount of junk tires which are imported to Oregon.

175

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Dingfelder

 

Chair Brown

The motion CARRIES.

185

Chair Brown

Noting the absence of those who wished to testify regarding HB 2384, suggests that it will be heard at the next meeting.

195

Rep. Greenlick

Asks if the committee could address how tires are imported into Oregon without any fee.

200

Chair Brown

Indicates that there are measures coming to the committee regarding this issue.

205

Adkins

Explains that there are two other bills which were introduced by the Task Force on Tire Recycling, but were not referred to the Transportation Committee.

210

Chair Brown

Closes the work session on HB 2038, and adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

A – HB 2221, written testimony, Teresa Douglas, 2 pp.

B – HB 2221, written testimony, Serena Cruz, 1 p.

C – HB 2038, -2 amendment, Staff, 1 p.

D – HB 2038, written testimony, Jim Botwinis, 1 p.

E – HB 2038, written testimony, Bob Danko, 1 p.