HOUSE COMMITTEE ON TRANSPORTATION

 

 

March 24, 2003   Hearing Room 357

8:30 AM Tapes  56 - 57

 

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 2501 – Work Session

                                                HB 2518 – Work Session

                                                HB 2455 – Work Session

                                                HB 3032 – Public Hearing

 

 

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 56, A

003

Chair Brown

Calls the meeting to order at 8:37 a.m., and opens a work session on HB 2501.

HB 2501 - WORK SESSION

005

Janet Adkins

Committee Administrator. Offers a description of HB 2501, an issued fiscal impact (EXHIBIT A) and the proposed -1 amendment (EXHIBIT B).

040

Rep. Zauner

MOTION:  Moves to ADOPT HB 2501-1 amendments dated 03/07/03.

045

Rep. Gilman

Asks if the amendment would make the truck speed 60 mph.

050

Chair Brown

Explains the amendment would only change the car speed from75 mph to 70 mph, and the change would still be at the discretion of Oregon Department of Transportation.

050

Doug Tindal

Oregon Department of Transportation. Offers testimony regarding HB 2501, and the requirements which would be placed on the department with passage of the bill. Includes the process for highway speed study.

070

Chair Brown

Asks who would propose these studies.

075

Tindal

Explains that it could be any number of organizations or individuals.

080

Chair Brown

Asks that Mr. Costales address the costs of these studies.

085

Troy Costales

Oregon Department of Transportation. Offers testimony regarding the costs of the proposed speed studies.

090

Rep. Greenlick

Asks if Oregon Department of Transportation does follow-up studies to speed studies.

095

Tindal

Discusses the situations when follow-up studies are done.

100

Rep. Greenlick

Asks whether average speeds increase when the speed limit is increased.

105

Tindal

Explains that if the speed is set correctly there should be no increase in average speed.

115

Rep. Gilman

Clarifies that with the amendment, automobiles would travel at 70 and trucks would travel at 65. Asks if the department sees 5 mph an adequate difference between cars and trucks.

120

Tindal

Defers to Mr. Costales, but indicates that the answer is debatable, but he thinks speed differential has causation.

125

Costales

Points out that there is some evidence that speed differential is relevant.

135

Rep. Gilman

Expresses his wish to see the speed differential between trucks and cars at ten miles per hour.

140

Chair Brown

Clarifies that ODOT would have the option of keeping the truck speed at its current speed.

145

Costales

Acknowledges.

150

Rep. Zauner

Asks whether the Basic Rule would still be in affect.

155

Costales

Addresses the function of the Basic Rule.

165

 

VOTE:  6-0

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

EXCUSED:  1 - Mabrey

 

Chair Brown

The motion CARRIES.

170

Rep. Zauner

MOTION:  Moves HB 2501 to the floor with a DO PASS AS AMENDED recommendation.

180

Rep. Dingfelder

Expresses her intention of voting NO on HB 2501 because of the increase in danger, and fuel consumption concerns.

190

Rep. Greenlick

Expresses his intention of voting NO, and discusses his concerns.

200

 

VOTE:  4-2

AYE:               4 - Beyer, Gilman, Zauner, Brown

NAY:               2 - Dingfelder, Greenlick

EXCUSED:     1 - Mabrey

 

Chair Brown

The motion CARRIES.

MILLER will lead discussion on the floor.

205

Rep. Dingfelder

Expresses her concern for the fiscal impact of the bill.

210

Adkins

Explains the options the committee has regarding the fiscal impact.

215

Rep. Dingfelder

Restates her concerns.

220

Chair Brown

Explains that these funds would come from the gas tax and not the general fund.

230

Rep. Beyer

Points out that the bill does not automatically raise speed limits, but gives ODOT the option to raise speed limits.

240

Chair Brown

Closes the work session on HB 2501, and opens a work session on HB 2518.

HB 2518 – WORK SESSION

245

Janet Adkins

Committee Administrator. Offers a description of HB 2518, and the proposed -1 amendment (EXHIBIT C).

260

Rep. Greenlick

Asks how HB 2518 relates to HB 2501.

265

Adkins

Explains that such conflicts are found when the bills move to the senate side for consideration.

275

Rep. Greenlick

Questions whether a possible conflict negates the intended effect of the bills.

280

Adkins

Further discusses the possibility of a conflict.

305

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2518-1 amendments dated 03/17/03.

310

 

VOTE:  6-0

EXCUSED:  1 - Mabrey

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

 

MOTION:  Moves   WITH AMENDMENTS, WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Judiciary.

320

 

VOTE:  6-0

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

EXCUSED:  1 - Mabrey

 

Chair Brown

The motion CARRIES.

325

Chair Brown

Closes the work session on HB 2518, and opens a work session on HB 2455.

HB 2455 – WORK SESSION

345

Janet Adkins

Committee Administrator. Offers a description of HB 2455, and the proposed -3 amendment (EXHIBIT D).

365

Chair Brown

Asks Ms. Taylor to address the intent of the proposed -3 amendment.

375

Kelly Taylor

Oregon Department of Transportation, Division of Motor Vehicles. Offers a description for the intent of the -3 amendment. Including interpretation of specific language in the amendment.

TAPE 57, A

025

Rep. Dingfelder

Expresses her concern for protecting the consumer, and clarifies issues regarding automobile resale.

035

Taylor

Explains that after the mandatory auction, towers may sell to consumers or to scrap yards, etc.

045

Rep. Dingfelder

Asks Ms. Taylor to further address the record keeping as mandated by the -3 amendment.

050

Taylor

Addresses the record keeping provisions outlined in the amendment.

080

Rep. Greenlick

Asks if the department has rule authority to define what a public auction is.

083

Taylor

Explains that the Department of Justice has the rule authority.

085

Rep. Zauner

Asks if the amendment is more or less restrictive.

090

Taylor

Expresses the difference between the requirements.

095

Rep. Zauner

Refers to previous testimony which indicated one of the big problems is the inability of towers to follow the auction notification requirements.

100

Taylor

Addresses the issues regarding tower notification.

105

Chair Brown

Asks Ms. Taylor to clarify the minimal fiscal impact.

110

Taylor

Address the concerns of the Chair, and explains that the department does not receive many complaints about towers.

120

Chair Brown

Clarifies that the towers have to consider the auction route first.

121

Taylor

Acknowledges.

125

Chair Brown

Asks what the impact has been on the education requirement of the dealers.

130

Taylor

Explains that before and after the adoption of dealer education, dealers were the majority of complaints.

140

Rep. Greenlick

MOTION:  Moves to ADOPT HB 2455-3 amendments dated 03/19/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Mabrey

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

150

Rep. Gilman

MOTION:  Moves HB 2455 to the floor with a DO PASS AS AMENDED recommendation.

160

Rep. Zauner

Expresses his concern for and intent to vote NO on the bill.

165

Rep. Beyer

Expresses her concerns with the bill, referencing constituent input on both sides. But points out that the bill seems to be a good compromise.

180

Rep. Dingfelder

Expresses her mutual concerns to those expressed by Rep. Zauner and Rep. Beyer, and asks that ODOT come back before the committee next session and report on the outcome of the program.

190

 

VOTE:  5-1

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

NAY:               1 - Zauner

EXCUSED:     1 - Mabrey

 

Chair Brown

The motion CARRIES.

200

Chair Brown

Closes the work session on HB 2455, and opens a public hearing on HB 3032.

HB 3032 – PUBLIC HEARING

205

Janet Adkins

Committee Administrator. Offers a description of HB 3032.

220

Rep. March

House District 46. Offers written testimony (EXHIBIT E) in support of HB 3032.

250

Rep. Dingfelder

Ask whether the bill could apply to bicycles.

255

Rep. March

Explains that an amendment could be drafted to address those concerns.

365

Clark Brooker

Portland, Oregon. Offers written testimony (EXHIBIT F) in support of HB 3032.

300

Chair Brown

Asks Mr. Tindal to address the concerns regarding the bill.

310

Doug Tindal

Oregon Department of Transportation. Offers testimony regarding HB 3032, including an explanation of the technology used.

340

Rep. Dingfelder

Asks what percentage of signal switches are weight actuated.

345

Tindal

Explains that on the highway system there are no weight actuated switches.

360

Rep. Greenlick

Asks whether passage of the bill would affect the Portland traffic laws.

365

Tindal

Explains that state statute is dominant.

375

Sam Hochberg

Portland, Oregon. Offers written testimony (EXHIBIT G) in support of HB 3032.

480

Chair Brown

Closes the public hearing on HB 3032, and adjourns the meeting at 9:28 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2501, fiscal statement, Staff, 1 p.

B – HB 2501, -1 amendment, Staff, 1 p.

C – HB 2518, -1 amendment, Staff, 2 pp.

D – HB 2455, -3 amendment, Staff, 2 pp.

E – HB 3032, written testimony, Rep. March, 1 p.

F – HB 3032, written testimony, Clark Brooker, 1 p.

G – HB 3032, written testimony, Sam Hockberg, 1 p.