HOUSE COMMITTEE ON TRANSPORTATION

 

 

February 26, 2003   Hearing Room 357

8:30 a.m. Tapes  31 - 32

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Elizabeth Beyer, Vice-Chair

Rep. John Mabrey Vice-Chair

Rep. Jackie Dingfelder

Rep. George Gilman

Rep. Mitch Greenlick

Rep. Cliff Zauner

 

STAFF PRESENT:                  Janet Adkins, Administrator

Ryan Sherlock, Assistant

 

 

MEASURE/ISSUES HEARD:            HB 2219 – Public Hearing and Work Session

                                                HB 2221 – Work Session

                                                HB 2222 – 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 31, A

003

Vice Chair Mabrey

Calls meeting to order at 8:42 a.m., and opens a public hearing on HB 2219.

HB 2219 – PUBLIC HEARING

020

Claudia Howells

Oregon Department of Transportation, Rail Division Manager. Offers written testimony (EXHIBIT A) in support of HB 2219.

095

Everett Cutter

Oregon Railroad Association, Manager. Offers written testimony (EXHIBIT B) in support of HB 2219.

135

Rep. Greenlick

Clarifies that the bill would only require notice be provided to the State.

140

Howells

Concurs, but points out the added visibility provided by making the requirement statute.

150

Rep. Greenlick

Asks if there is any language in current statute which requires special steps for developments which only have access across one of these private crossings.

160

Howells

Further clarifies the point of the bill.

165

Rep. Zauner

Asks if the city would control developments with access across private crossings and be able to limit those developments because of HB 2219.

175

Howells

Explains that cities are already aware of the relevant requirements, and the bill does not affect public crossings.

180

Chair Brown

Refers to Mr. Cutter’s mention of federal funds.

185

Cutter

Explains there are federal funds available to make crossings safer, and discusses the use of those funds.

195

Rep. Beyer

Asks if federal funds could be used for all three types of crossings.

200

Cutter

Explains that the federal funds are only for public crossings.

205

Chair Brown

Asks who pays for and installs non-public crossings.

210

Howells

Explains that the applicant is responsible funding a new crossing, and this is usually the city which can then charge the developer.

215

Chair Brown

Asks if there is language in statute which automatically gives someone the right to cross railroads to access their property.

220

Howells

Discusses the authority given to the Rail Division in deciding crossings, including when the railroads ask to cross a roadway.

225

Howells

Thanks the railroads, cities, and counties that participated in drafting HB 2219.

230

Chair Brown

Thanks the witnesses and calls Art Schlack and Andrea Fogue to testify.

235

Art Schlack

Association of Oregon Counties. Offers testimony in support of HB 2219, and presents the written support (EXHIBIT C) of the Oregon Association of County engineers and Surveyors.

265

Andrea Fogue

League of Oregon Cities. Offers testimony in support of HB 2219.

270

Chair Brown

Closes the public hearing on HB 2219, and opens a work session on HB 2219.

HB 2219 – WORK SESSION

280

Rep. Beyer

MOTION:  Moves HB 2219 to the floor with a DO PASS recommendation.

285

 

VOTE:  6-0

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

EXCUSED:  1 – Zauner

 

Chair Brown

The motion CARRIES.

295

Rep. Beyer

MOTION:  Moves HB 2219 be placed on the CONSENT CALENDAR.

305

 

VOTE:  6-0

EXCUSED:  1 - Zauner

 

Chair

Hearing no objection, declares the motion CARRIED.

210

Chair Brown

Closes the work session on HB 2219, and opens a work session on HB 2221.

HB 2221 – WORK SESSION

315

Janet Adkins

Committee Administrator. Offers a description of HB 2221 and the proposed -1 and -3 amendments. Introduces testimony from witnesses not present (EXHIBIT D, E).

370

Chair Brown

Calls the witnesses to testify.

375

Gretchen McKenzie

Governor’s Advisory Committee on DUII. Defers to Teresa Douglas.

380

Teresa Douglas

Governor’s Advisory Committee on DUII, member. Offers testimony in support of the -1 amendment, and a standardized fee of $130 rather than the option presented by the -3 amendment.

390

Paul DuCommun

Multnomah County Alcohol and Drug Central Intake Services, Program Director. Expresses his support for HB 2221 with the -1 amendment, and opposition to the -3 amendment.

415

Robert Ryan

Multnomah County DUII Evaluation Unit, Supervisor. Expresses his support for the set fee as originally introduced in the bill.

420

Rep. Mabrey

Recalls that the Multnomah County Commissioner, at a previous hearing on HB 2221, testified that the $130 fee does not cover the entire cost to the county.

430

Ryan

Observes that the $130 fee is a compromise between the counties representing an average cost, which is lower than the costs to Multnomah County.

TAPE 32, A

025

Rep. Greenlick

Clarifies that the costs for these services in Multnomah County are higher than the proposed $130.

030

Ryan

Explains that due to the choice of Multnomah county to provide more service, their costs are higher than $130.

035

Rep. Greenlick

Asks how many evaluations are done per year.

037

Ryan

Explains the number is around 3,000 new clients every year.

040

Rep. Greenlick

Clarifies that the Multnomah County Commissioners are willing to pay the difference to fund these programs.

050

Paul DuCommun

Explains that the Board of County Commissioners is probably not comfortable paying the difference, but they recognize difficulty having true cost not be constant.

065

Douglas

Points out the difference in administrative cost between public and private providers.

070

Rep. Beyer

Asks if the monitoring programs is standardized.

075

Ryan

Discusses the similarities and differences between programs.

085

Douglas

Explains that the monitoring is required statewide.

095

Chair Brown

Points out some providers from his district asked him to support the increase, but he recognizes Rep. Greenlick’s concern regarding the issue.

105

Rep. Mabrey

MOTION:  Moves to ADOPT HB 2221-1 amendments dated 02/17/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Zauner

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

110

Rep. Greenlick

Expresses his objection to the bill, because of the unfunded mandate placed on the county, implicit in the bill.

125

Rep. Gilman

MOTION:  Moves HB 2221 to the floor with a DO PASS AS AMENDED recommendation.

130

Rep. Gilman

VOTE:  5-1

AYE:               5 - Beyer, Dingfelder, Gilman, Mabrey, Brown

NAY:               1 - Greenlick

EXCUSED:     1 - Zauner

 

Chair Brown

The motion CARRIES.

REP. GILMAN will lead discussion on the floor.

155

Chair Brown

Closes the work session on HB 2221, and opens a work session on HB 2222.

HB 2222 – WORK SESSION

160

Janet Adkins

Committee Administrator. Offers a description of HB 2222, and the purpose of the unfinished -1 amendment.

200

Dave Tyler

Oregon Department of Transportation, Chief Financial Officer. Offers testimony in support of the proposed -1 amendment to HB 2222.

210

Brian Doherty

Western States Petroleum Association. Expresses his groups support for the -1 amendment to HB 2222.

220

Rep. Dingfelder

Asks what the circumstances beyond the control of the dealer.

225

Doherty

Indicates that he was not present during the discussions which created the language, but opines what those circumstances could be.

240

Quentin Hess

Oregon Department of Transportation, Fuels Tax Manager. Agrees with Mr. Doherty’s definition, and further offers an explanation of the language.

245

Rep. Dingfelder

Clarifies that the Oregon Department of Transportation decides what constitutes a circumstance beyond the control of the dealer.

247

Hess

Affirms.

250

Rep. Mabrey

Questions language in the -1 amendment regarding the proposed suspension.

282

Doherty

Explains that the selling dealer has up to the fourth day, while the suspended dealer is liable for tax.

290

Rep. Mabrey

Asks why the selling dealer has received notice of the suspension but can still sell the fuel.

295

Doherty

Explains that it is unlikely that once the notice is received it would not immediately be implemented, but there may be cases where the selling dealer does not get notice of the suspension in time to stop the sale.

320

Rep. Mabrey

Thanks the witnesses for their information.

325

Chair Brown

Closes the work session on HB 2222.

330

Committee

Discussion regarding the next committee meeting.

340

Chair Brown

Adjourns the meeting at 9:31 a.m.

 

EXHIBIT SUMMARY

 

A – HB 2219, written testimony, Claudia Howells, 1 p.

B – HB 2219, written testimony, Everett Cutter, 1 p.

C – HB 2219, written testimony, Art Schlack, 1 p.

D – HB 2221, written testimony, Cindy Buck, 1 p.

E – HB 2221, written testimony, Margaret Gorciak, 1 p.