HOUSE COMMITTEE ON TRANSPORTATION

 

 

April 09, 2003 Hearing Room 357

8:30 AM Tapes  75 - 77

 

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 2041 – Public Hearing

                                                HB 2042 – Public Hearing

                                                HB 2367 – Public Hearing

                                                HB 2464 – Public Hearing

                                                HB 2578 – Public Hearing

                                                HB 2668 – Public Hearing

                                                HB 2947 – Public Hearing

                                                HB 2954 – Public Hearing

                                                HB 3135 – Public Hearing

                                                HB 3187 – Public Hearing                      

                                                HB 3445 – Public Hearing

                                                HB 3566 – Public Hearing

                                                HJR 25 – Public Hearing

                                                HB 2999 – Work Session

                                                HB 2686 – Public Hearing

                                                Informational meeting – Road User Fee Task Force

                                                HB 3253 – Public Hearing

                                                HB 2432 – 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 75, A

003

Chair Brown

Calls meeting to order at 8:36 a.m., and opens a public hearing on HB 2041.

HB 2041 – PUBLIC HEARING

005

Chair Brown

Closes the public hearing on HB 2041, and opens a public hearing on HB 2042.

HB 2042 – PUBLIC HEARING

007

Chair Brown

Closes the public hearing on HB 2042, and opens a public hearing on HB 2367.

HB 2367 – PUBLIC HEARING

009

Chair Brown

Closes the public hearing on HB 2367, and opens a public hearing on HB 2464.

HB 2464 – PUBLIC HEARING

011

Chair Brown

Closes the public hearing on HB 2464, and opens a public hearing on HB 2578.

HB 2578 – PUBLIC HEARING

013

Chair Brown

Closes the public hearing on HB 2578, and opens a public hearing on HB 2668.

HB 2668 – PUBLIC HEARING

015

Chair Brown

Closes the public hearing on HB 2668, and opens a public hearing on HB 2947.

HB 2947 – PUBLIC HEARING

017

Chair Brown

Closes the public hearing on HB 2947, and opens a public hearing on HB 2954.

HB 2954 – PUBLIC HEARING

019

Chair Brown

Closes the public hearing on HB 2954, and opens a public hearing on HB 3135.

HB 3135 – PUBLIC HEARING

021

Chair Brown

Closes the public hearing on HB 3135, and opens a public hearing on HB 3187.

HB 3187 – PUBLIC HEARING

023

Chair Brown

Closes the public hearing on HB 3187, and opens a public hearing on HB 3445.

HB 3445 – PUBLIC HEARING

025

Chair Brown

Closes the public hearing on HB 3445, and opens a public hearing on HB 3566.

HB 3566 – PUBLIC HEARING

027

Chair Brown

Closes the public hearing on HB 3566, and opens a public hearing on HJR 25.

HJR 25 – PUBLIC HEARING

029

Chair Brown

Closes the public hearing on HJR 25, and opens a work session on HB 2999.

HB 2999 – WORK SESSION

030

Rep. Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2999.

035

Chair Brown

Explains the reason for reconsidering the previous vote on HB 2999 to remove the language which allows refunds for below cost sales.

040

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

042

Rep. Beyer

MOTION:  Moves to RECONSIDER the vote by which HB 2999 was passed.

045

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

047

Rep. Beyer

MOTION:  Moves to ADOPT HB 2999-2 amendments dated 04/07/03 (in place of the -1 amendments previously adopted).

050

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

052

Rep. Beyer

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.

055

Rep. Mabrey

Reiterates his intention to vote NO on HB 2999, and offers his reasons for voting no.

070

 

VOTE:  6-1

AYE:               6 - Beyer, Dingfelder, Gilman, Greenlick, Zauner, Brown

NAY:               1 - Mabrey

 

Chair Brown

The motion CARRIES.

075

Chair Brown

Closes the work session on HB 2999, and opens a public hearing on HB 2686.

HB 2686 – PUBLIC HEARING

080

Janet Adkins

Committee Administrator. Offers a description of HB 2686, and the proposed -1 amendment (EXHIBIT B).

095

Ken Armstrong

Oregon Fire Chiefs. Offers testimony in support of HB 2686 and the proposed -1 amendment. Points out that there will be a -2 amendment to address some lingering concerns with the bill.

170

Jon Oshel

Association of Oregon Counties. Offers testimony regarding HB 2686, expresses concern with the language which will be removed by the -2 amendments.

265

Armstrong

Explains that he has no concerns with deleting that language.

270

Rep. Gilman

Expresses his concerns regarding the bill.

275

Rep. Zauner

Relates the measure to the issue of jurisdictional transfer of roadways from the Oregon Department of Transportation to cities.

280

Armstrong

Addresses the issue of weight in regards to jurisdictional transfer.

315

Rep. Mabrey

Expresses his concerns for the bill. Asks why weight is increasing in fire vehicles.

325

Armstrong

Discusses the reasons for why the weight is increasing.

355

Oshel

Explains that hydraulic units are increasing in weight and size necessitating larger vehicles to carry them.

360

Rep. Mabrey

Asks why the posted weight limits on state and federal highways do not apply to fire response vehicles.

370

Oshel

Discusses the exemption from weight limits.

395

Rep. Greenlick

Clarifies that the -1 amendments cover this issue.

400

Oshel

Discusses language in the amendments.

TAPE 76, A

005

Rep. Greenlick

Asks what percent of fire vehicles would be included in this weight class.

015

Armstrong

Explains that many of the vehicles exceed the weight limit.

020

Rep. Greenlick

Asks if this problem applies to other fire units.

025

Armstrong

Discusses the problem in other fire districts.

030

Rep. Beyer

Discusses an issue in her district which relates to the bill. Asks how other states deal with this issue.

045

Armstrong

Defers to Gregg Dal Ponte.

050

Gregg Dal Ponte

Oregon Department of Transportation, Motor Carriers Division. Offers testimony regarding weight limits in other states. Indicates that most likely the manufacturers of these trucks are increasing weight based on market demand. Discusses Rep. Beyer’s previous example of a situation in her district. Discusses the issue of bridge weight limit in regards to fire response vehicles.

140

Rep. Zauner

Asks how long it took to receive the variance.

145

Dal Ponte

Explains it takes around three hours.

150

Chair Brown

Clarifies that the Springfield Fire Department had to receive a variance from the state, the city and the county.

151

Dal Ponte

Explains that only some cities issue variance permits.

155

Rep. Beyer

Refers to her previous example, explaining the state variance was issued quickly once she became involved.

160

Chair Brown

Clarifies that ODOT does issue variances.

165

Dal Ponte

Discusses the process for variance issuing.

170

Chair Brown

Asks whether the legislation is needed in light of the ease of obtaining the variance permits.

175

Dal Ponte

Explains that the issue is expediency in obtaining the permits.

180

Rep. Mabrey

Asks how long the permits in question are good for.

185

Dal Ponte

Explains the permits are good for one year.

190

Rep. Zauner

Asks what happens when highway jurisdiction is transferred.

195

Dal Ponte

Explains that the state and all counties issue variance permits.

200

Chair Brown

Asks whether the -2 amendment will address the current concerns with the measure.

205

Dal Ponte

Discusses his concerns with the measure and what should be in the -2 amendment to alleviate these concerns.

225

Rep. Greenlick

Asks whether there is an Attorney General opinion on the issue.

230

Rep. Mabrey

Points out that if the weight limit on bridges is static, and points out that trucks could be loaded below the weight limit.

245

Armstrong

Discusses the issue of water weight and the possibility of under loading.

260

Rep. Mabrey

Restates his question clarifying that when these trucks are weighed while loaded.

285

Armstrong

Points out that not all fire apparatus carry water, and discusses the ability to carry less water.

295

Oshel

Points out that fire trucks are fully loaded without an idea of the situation it will face.

305

Rep. Mabrey

Acknowledges the point, but reiterates that fire trucks could carry less water.

325

Adkins

Points out the -1 amendments do not address weight, and asks whether the -2 amendments will cover this issue.

335

Oshel

Discusses the -2 amendments.

350

Chair Brown

Clarifies that Mr. Armstrong is working on -2 amendments to address these concerns.

355

Armstrong

Acknowledges.

365

Andrea Fogue

League of Oregon Cities. Offers testimony regarding HB 2686.

380

Chair Brown

Closes the public hearing on HB 2686, and opens an informational meeting on the Road User Fee Task Force Report.

INFORMATIONAL MEETING

390

Jim Whitty

Oregon Department of Transportation, Transportation Funding Task Force. Offers written testimony (EXHIBIT C) with reference to frequently asked questions (EXHIBIT D). Presents a report from the Road User Fee Task Force (EXHIBIT E) including Appendices (EXHIBIT F).

TAPE 75, B

001

Jim Whitty

Continues with report form the Road User Fee Task Force.

230

Rep. Dingfelder

Asks about the Congestion Pricing and the context in which the Task Force viewed the issue.

245

Whitty

Explains that the RUFTF viewed every issue based on revenues because that was its mandate. Continues with, and concludes informational testimony.

315

Chair Brown

Commends Mr. Whitty and the Task Force for their work. Asks how to overcome the fears regarding tracking of vehicles and invasion of personal privacy.

325

Whitty

Discusses the issue of vehicle tracking and how it would operate limiting tracking ability to avoid the privacy issue.

370

Rep. Dingfelder

Asks if any other states have done research in this general area.

375

Whitty

Explains that he believes Oregon is in the lead on this issue.

390

Rep. Beyer

Asks how the device would differentiate between miles traveled in Oregon and mile traveled outside of Oregon.

395

Whitty

Discusses the operation of the milage reading devices.

TAPE 76, B

010

Chair Brown

Closes the informational meeting and opens a public hearing on HB 3253.

HB 3253 – PUBLIC HEARING

025

Matt Metter

Rep. Nelson Staff. Offers written testimony (EXHIBIT G) in support of HB 3253.

060

Janine Delaunay

Oregon Disability Commission. Offers testimony in opposition to HB 3253.

090

Jacqueline Zimmer Jones

Oregon Association of Area Agencies on Aging and Disabilities. Offers testimony in opposition to HB 3253.

130

Rep. Zauner

Asks whether the permit holders have other documentation regarding their handicapped status.

140

Zimmer Jones

Defers to Ms. Taylor from the Oregon Department of Transportation.

145

Delaunay

Explains what identification handicapped individuals carry.

160

Rep. Greenlick

Asks whether the Oregon Disabilities Commission has taken a stance on the bill.

165

Delaunay

Explains that the ODC does not have an explicit position on the bill, but they do have concerns.

170

Rep. Greenlick

Points out that law enforcement would enforce the law, rather than the challenge of private individuals.

180

Delaunay

Discusses the issue of challenging those with disability parking permits.

200

Metter

Points out that Mr. Turudic has testimony relevant to this point.

205

Andy Turudic

Hillsboro, Oregon. Offers written testimony (EXHIBIT H) in support of HB 3253.

TAPE 77, A

035

Chair Brown

Points out the need for the committee to attend House Floor Session at 10:45 a.m.

040

Turudic

Acknowledges, and concludes testimony in support of HB 3253.

095

Chair Brown

Asks Mr. Turudic if he has approached the school in regards of creating additional handicap parking places.

100

Turudic

Explains that he does not wish to have bigger parking lots, but use those current spaces more efficiently.

105

Chair Brown

Asks about creating more handicapped designated spots from the current multiuse spots.

110

Turudic

Explains that the school does not have enough money to do this.

115

Kelly Taylor

Oregon Department of Transportation. Offers testimony regarding HB 3253, including reference to ODOT work groups on handicap parking.

140

Chair Brown

Closes the public hearing on HB 3253, and opens a work session on HB 2432.

HB 2432 – WORK SESSION

145

Janet Adkins

Committee Administrator. Offers a description of HB 2432, with reference to the issued Fiscal Impact Statement (EXHIBIT I).

160

Chair Brown

MOTION:  Moves HB 2432 to the floor with a DO PASS recommendation.

165

Rep. Greenlick

Discusses his concerns with the bill and intention to vote NO on the bill, based on his history as a public health official.

250

Rep. Zauner

Expresses his intent to vote in favor of the bill, and discusses his interest in public health.

260

 

VOTE:  4-3

AYE:               4 - Beyer, Mabrey, Zauner, Brown

NAY:               3 - Dingfelder, Gilman, Greenlick

 

Chair Brown

The motion CARRIES.

KROPF will lead discussion on the floor.

275

Chair Brown

Reminds the committee about the next weeks meeting schedule, and closes the meeting at 10:44 a.m.

 

 

EXHIBIT SUMMARY

 

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

B – HB 2686, -1 amendment, Staff, 1 p.

C – Informational, written testimony, Jim Whitty, 1 p.

D – Informational, Frequently Asked Questions with Answers, 9 pp.

E – Informational, Road User Fee Task Force: Report to the 72nd Oregon Legislative Assembly, Jim Whitty, 51 pp.

F – Informational, Road User Fee Task Force: Appendices, Jim Whitty, 150 pp.

G – HB 3253, written testimony, Rep. Nelson, 1 p.

H – HB 3253, written testimony, Andy Turudic, 10 pp.

I – HB 2432, fiscal impact statement, Staff, 2 pp.