HOUSE COMMITTEE ON TRANSPORTATION

 

 

April 02, 2003 Hearing Room 357

8:30 AM Tapes  64 - 65

 

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 2999 – Public Hearing and Work Session

                                                HB 2933 – Public Hearing and Work Session

                                                HB 2801 – Work Session                                   

                                                HB 3111 – Work Session

                                                HB 3240 – 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 64, A

003

Chair Brown

Calls the meeting to order at 8:35 a.m., and opens a public hearing on HB 2999.

HB 2999 – PUBLIC HEARING

005

Janet Adkins

Committee Administrator. Offers a description of HB 2999, and the proposed -1 amendment (EXHIBIT A).

030

Paul Romaine

Oregon Petroleum Marketers Association. Offers testimony in support of HB 2999 and the proposed -1 amendment.

070

Chair Brown

Asks about figures presented in testimony.

075

Romaine

Clarifies the figures.

080

Chair Brown

Asks if there is any ability to collect delinquent accounts.

085

Cliff Olson

Explains that there is little ability to collect before the fuel is sold.

090

Chair Brown

Asks whether lost taxes could be reclaimed through a lien process.

095

Olson

Discusses the collection options of the distributors.

100

Romaine

Explains that the distributor is the one with the financial incentive to pursue collection.

105

Rep. Zauner

Asks what the tax rate is for fuel distribution.

110

Romaine

Explains the tax amount is 24 cents per gallon.

115

Chair Brown

Clarifies that they still currently have to collect the federal fuel tax.

120

Rep. Mabrey

Discusses his concerns for the bill, and clarifies that the dealer extends the credit.

125

Olson

Explains that the dealer extends the credit, but points out that the dealer has the invested interest.

130

Rep. Mabrey

Points out that the State did not make that credit decision, and discusses accountability for that tax.

145

Romaine

Explains that the dealer is the states tax collector, and indicates that the dealer is not attempting to pass liability on to the state, but since fuel is an essential commodity the state should participate.

175

Rep. Mabrey

Points out that the tax is apart of the cost of the fuel, and that just because the tax isn’t collected does not mean the benefit was not used.

190

Chair Brown

Closes the public hearing on HB 2999, and opens a work session on HB 2999.

HB 2999 – WORK SESSION

200

Rep. Zauner

MOTION:  Moves to ADOPT HB 2999-1 amendments dated 03/25/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

205

Rep. Zauner

MOTION:  Moves HB 2999 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on REVENUE by prior reference.

210

Rep. Gilman

Expresses his concerns for the bill, but intent to vote AYE.

215

Rep. Beyer

Asks whether it would be better to move the bill without recommendation.

220

Rep. Greenlick

Discusses when the tax is collected, and points out that the driver ends up paying the tax at the pump. Further discusses the collection of these taxes.

250

Rep. Mabrey

Expresses his intent to vote NO on the bill.

260

Rep. Zauner

Expresses concern for the liability of small dealers and there ability to collect the tax.

270

 

VOTE:  5-1

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

NAY:               1 - Mabrey

EXCUSED:     1 - Dingfelder

 

Chair Brown

The motion CARRIES.

285

Chair Brown

Closes the work session on HB 2933, and opens a public hearing on HB 2933.

HB 2933 – PUBLIC HEARING

290

Rep. Doyle

House District 19. Offers testimony in support of HB 2933.

TAPE 65, A

045

Rep. Zauner

Clarifies that if the other party does not file a report then you would not need to file a report. Asks in the mentioned example which insurance company paid.

065

Rep. Doyle

Points out that it is after the accident when information is exchanged, and further comments on reporting of accidents.

085

Rep. Greenlick

Points out that the bill would allow individuals involved in limited collisions to be able to handle accidents independent from the insurance companies.

090

Rep. Doyle

Explains that, while true, this was not his intent.

100

Kelly Taylor

Oregon Department of Transportation. Offer written testimony (EXHIBIT B) regarding HB 2933. Discusses the use of data collected form accident reports.

145

Rep. Gilman

Asks if consideration has been given to other indexes than the Consumer Price Index (CPI).

150

Taylor

Discusses the use of the CPI in accident reporting.

165

Rep. Greenlick

Points out that by increasing the accident reporting amount, it would not necessarily change the sampling statistics.

180

Taylor

Explains that minor accidents give a clue as to when major accidents will occur.

185

Rep. Zauner

Discusses the issue of non-insured drivers.

195

Rep. Beyer

Discusses her personal experience regarding a car accident, and asks what her reporting requirements would be in this situation.

210

Taylor

Explains that the bill would require only the person with the damage to report.

215

Rep. Mabrey

Points out the high cost of any accident. Asks if every accident should be reported.

225

Taylor

Discusses the issue of accident reporting threshold.

245

Rep. Zauner

Asks why the insurance company could not be responsible for reporting the information they collect.

250

Taylor

Explains that she does not know what burden that would place on the insurance company.

260

Rep. Zauner

Discusses his experience in accident reporting.

265

Taylor

Further comments on accident reporting, and the information which is collected.

285

Rep. Zauner

Points out that the insurance forms already collect the information.

290

Taylor

Acknowledges.

295

Chair Brown

Asks who provides the estimate to the cost of the accident.

300

Taylor

Explains that she does not know the answer, but will get back to the committee.

305

Chair Brown

Closes the public hearing on HB 2933, and opens a work session on HB 2933.

HB 2933 – WORK SESSION

310

Rep. Greenlick

MOTION:  Moves HB 2933 to the floor with a DO PASS recommendation.

320

Rep. Beyer

Expresses her intention to vote NO on the measure, and discusses her concerns regarding the reporting.

325

 

VOTE:  4-2

AYE:               4 - Greenlick, Mabrey, Zauner, Brown

NAY:               2 - Beyer, Gilman

EXCUSED:     1 - Dingfelder

 

Chair Brown

The motion CARRIES.

GREENLICK will lead discussion on the floor.

345

Chair Brown

Closes the work session on HB 2933, and opens a work session on HB 2801.

HB 2801 – WORK SESSION

355

Janet Adkins

Committee Administrator. Offers a description of HB 2801, and the proposed -1 amendment (EXHIBIT C).

400

Rep. Greenlick

Asks where the figure $958 for the licensing fee came from.

405

Deb Elkins

Northwest Automotive Trades Association. Explains that the $958 figure came form suggestions from ODOT.

415

Rep. Mabrey

MOTION:  Moves to ADOPT HB 2801-1 amendments dated 03/31/03.

420

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

425

Rep. Mabrey

MOTION:  Moves HB 2801 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

430

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

440

Chair Brown

Closes the work session on HB 2801, and opens a work session on HB 3111.

HB 3111 – WORK SESSION

TAPE 64, B

025

Janet Adkins

Committee Administrator. Offer a description of HB 3111, and Judiciary Committees wish to have the bill.

035

Rep. Mabrey

MOTION:  Moves HB 3111 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Judiciary.

040

Rep. Greenlick

Expresses his concern for notification of suspension.

060

Rep. Mabrey

Explains his motion without recommendation was intended for those concerns to be heard in the Judiciary Committee.

065

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

070

Chair Brown

Closes the work session on HB 3111, and opens a public hearing on HB 3240.

 

HB 3240 – PUBLIC HEARING

075

Janet Adkins

Committee Administrator. Offers a description of HB 3240.

085

Scott Bricker

Oregon Traffic Safety Coalition. Offers written testimony (EXHIBIT D) in support of HB 3240.

100

Mark Lear

City of Portland. Offers written testimony (EXHIBIT E) in support of HB 3240.

190

Catherine Ciarlo

Bicycle Transportation Alliance. Offers written testimony (EXHIBIT F) in support of HB 3240.

285

Joanne Fairchild

Trauma Nurse Coordinator/Injury Prevention. Offer written testimony (EXHIBIT G) in support of HB 3240.

400

Susan Schneider

City of Portland. Offers testimony in support of HB 3240.

430

Rep. Mabrey

Points out that the issue is a serious safety issue, and asks why Ms. Schneider would be requesting amendments to make compliance optional.

445

Schneider

Explains that due to jurisdictional variation, the amendment would help alleviate conflict.

450

Rep. Zauner

Discusses his personal experience with the safety issue regarding walking, or riding bikes to school.

TAPE 65, B

040

Fairchild

Discusses a program her organization supports called “Walking School Bus.”

050

Lear

Discusses the issue of safety and walking to school.

065

Ciarlo

Explains that she does not believe this bill and the money it would bring would fix the entire problem, but would help.

075

Rep. Zauner

Points out the states current budget problems.

080

Rep. Greenlick

Points out his constituent support for the bill.

085

Rep. Dingfelder

Addresses Rep. Zauner’s concern, and discusses her involvement in the “Walking School Bus” program.

105

Rep. Gilman

Asks how much funding would be raised from this program.

110

Lear

Discusses the possible funding raised.

115

Adkins

Addresses concern for the naming of the fund.

120

Schneider

Acknowledges the concern and explains this will be worked out with ODOT.

125

Rex Burkholder

Metro Councilor. Offers written testimony (EXHIBIT H) in support of HB 3240.

185

Jacob Brostoff

1000 Friends of Oregon. Offers written testimony (EXHIBIT I) in support of HB 3240.

215

Rep. Dingfelder

Points out that beyond helping children, this bill would help all pedestrians. Discusses personal experience regarding pedestrian safety.

260

Andrea Fogue

League of Oregon Cities. Offers testimony in support of HB 3240.

275

Troy Costales

Oregon Department of Transportation, Traffic Safety Division. Offers written testimony (EXHIBIT J) regarding HB 3240.

385

Rep. Dingfelder

Asks about the funding of the Safety Education Fund.

395

Costales

Discusses the funding provided to the Safety Education Fund.

425

Rep. Dingfelder

Clarifies that the fund does not currently have a dedicated revenue source.

430

Costales

Concurs, and further discusses the fund.

440

Rep. Zauner

Comments on the collection of the fee.

450

Janet Adkins

Introduces written testimony from Dave Tyler of ODOT regarding HB 2999 (EXHIBIT L).

450

Chair Brown

Closes the public hearing on HB 3240, and adjourns the meeting at

10: 27 a.m.

The following prepared testimony is submitted for the record without public testimony for HB 3240:

 

Staff

Submits written testimonies (EXHIBIT K).

 

 

EXHIBIT SUMMARY

 

A – HB 2999, -1 amendment, Staff, 2 pp.

B – HB 2933, written testimony, Kelly Taylor, 1 p.

C – HB 2801, -1 amendment, Staff, 2 pp.

D – HB 3240, written testimony, Scott Bricker, 3 pp.

E – HB 3240, written testimony, Mark Lear, 3 pp.

F – HB 3240, written testimony, Catherine Ciarlo, 2 pp.

G – HB 3240, written testimony, Joanne Fairchild, 2 pp.

H – HB 3240, written testimony, Rex Burkholder, 1 p.

I – HB 3240, written testimony, Jacob Brostoff, 1 p.

J – HB 3240, written testimony, Troy Costales, 1 p.

K – HB 3240, written testimonies, Staff, 8 pp.

L – HB 2999, written testimony, Dave Tyler, 1 p.