HOUSE COMMITTEE ON TRANSPORTATION

 

 

April 16, 2003 Hearing Room 357

8:30 AM Tapes  82 - 85

 

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 3510 – Work Session

                                                HB 2661 – Work Session

                                                HB 2685 – Work Session

                                                HB 3187 – Work Session

                                                HB 2039 – Public Hearing

                                                HB 2986 – Work Session

                                                HB 2388 – Work Session

                                                HB 2455 – 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 82, A

003

Chair Brown

Calls meeting to order at 8:40 a.m., and opens a work session on HB 3510.

HB 3510 - WORK SESSION

005

Janet Adkins

Committee Administrator. Offers a description of HB 3510 with reference to the issued fiscal impact statement (EXHIBIT A).

015

Rep. Anderson

House District 3. Offers testimony in support of HB 3510, and submits letter (EXHIBIT B) from Robert Weber, Public Works Director for Josephine County.

045

Rep. Zauner

Asks about the monetary figures being discussed.

050

Rep. Anderson

Indicates the range of project cost could be great.

055

Rep. Zauner

Asks about a bridge which was at issue.

060

Rep. Anderson

Discusses the bridges and highway in question.

075

Rep. Mabrey

Offers a personal example, and clarifies that the state funds require a match from the district.

080

Rep. Anderson

Comments on Rep. Mabrey’s point.

090

Rep. Beyer

Points out the differing interpretations of the bill between the Oregon Department of Transportation (ODOT) and the League of Oregon Cities.

105

Rep. Anderson

Discusses where the difference of opinion comes from.

125

Rep. Greenlick

Points out that if one county is willing to maintain their project while another county is not willing, the first county would most likely receive the project.

135

Rep. Anderson

Explains that if the projects are equal then this might be correct, however it would not be right for one project to increase in priority due to local funding.

145

Doug Tindal

Oregon Department of Transportation. Offers testimony regarding HB 3510, discussing the fiscal impact of the bill.

160

Rep. Zauner

Asks about the possibility of a public/private partnership.

165

Tindall

Discusses the possibility of public/private partnership.

180

Rep. Greenlick

Expresses sympathy for the issue at hand, but asks whether these issues are already taken into account when initially assessing the importance of projects.

190

Tindal

Discusses the factors which decide the importance of projects.

205

Chair Brown

Points out the possible need for a referral to Ways and Means.

210

Rep. Zauner

MOTION:  Moves HB 3510 with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

215

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

230

Chair Brown

Explains that HB 2749, HB 2388, HB 2986 will be held over until the afternoon, and HB 2455 will be held until Friday. Closes the work session on HB 3510, and opens a work session on HB 2661.

HB 2661 – WORK SESSION

235

Janet Adkins

Committee Administrator. Offers a description of HB 2661, and the proposed -2 amendment (EXHIBIT C).

260

Rep. Greenlick

Explains the purpose of, and offers testimony in support of HB 2661 and the -2 amendment.

300

Rep. Greenlick

MOTION:  Moves to ADOPT HB 2661-2 amendments dated 04/15/03.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

305

Rep. Greenlick

MOTION:  Moves HB 2661 to the floor with a DO PASS AS AMENDED recommendation.

310

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

315

Rep. Greenlick

MOTION:  Moves HB 2661 be placed on the CONSENT CALENDAR.

320

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

330

Chair Brown

Closes the work session on HB 2661, and opens a work session on HB 2685.

HB 2685 – WORK SESSION

335

Janet Adkins

Committee Administrator. Offers a description of HB 2685, and the proposed -2 amendments (EXHIBIT D).

370

Ken Armstrong

Oregon Ports Group. Offers testimony in support of HB 2685, and the proposed -2 amendments which compliment the -1 amendments.

TAPE 83, A

010

Rep. Zauner

Asks whether there is a fiscal statement on the bill.

012

Janet Adkins

Explains that there is a fiscal, and points out that the bill has a subsequent referral to the House Committee on Ways and Means.

020

Phil Donovan

Oregon Steelheaders Association. Offers testimony regarding HB 2685.

040

Chair Brown

Closes the public hearing on HB 2685, and opens a public hearing on HB 3187.

HB 3187 – WORK SESSION

045

Janet Adkins

Committee Administrator. Offers a description of HB 3187 and the proposed -1 amendments (EXHIBIT E) with reference to an example ballot title (EXHIBIT F).

070

Rep. Dingfelder

Asks how much money is in question.

075

Adkins

Discusses the issues regarding funding.

085

Chair Brown

Comments on the title of the sample ballot title.

090

Rep. Greenlick

Asks why this bill is before the Transportation Committee rather than the Judiciary Committee.

100

Don Miner

Oregon Manufactured Housing Association. Offers written testimony (EXHIBIT G) in support of HB 3187.

130

Rep. Beyer

Asks whether the money created by the bill would go into the general fund.

135

Miner

Explains that the money is dedicated.

140

Rep. Beyer

Clarifies where the money goes.

145

Miner

Discuses where the money is held and spent.

160

Chair Brown

Comments on the difficulty of the issue.

170

Rep. Mabrey

MOTION:  Moves to ADOPT HB 3187-1 amendments dated 04/15/03.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

175

Chair Brown

Asks whether the bill needs a referral to Ways and Means.

180

Adkins

Discusses the procedural process for the bill.

190

Rep. Greenlick

Expresses concern for the magnitude of the bill, in regards to its effect on the state constitution. Asks whether the bill should be referred to the Judiciary Committee.

200

Janet Adkins

Discusses the issue, and points out that this bill would only create the title for the ballot measure.

220

Rep. Gilman

MOTION:  Moves HB 3187 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

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

EXCUSED:  1 – Dingfelder (Aye vote: Tape 85, A # 275)

 

Chair Brown

The motion CARRIES.

230

Rep. Greenlick

MOTION:  Moves HB 3187 be placed on the CONSENT CALENDAR.

240

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

255

Chair Brown

Closes the work session on HB 3187, and opens a work session on HB 2039.

HB 2039 – PUBLIC HEARING

260

Janet Adkins

Committee Administrator. Offers a description of HB 2039, and the proposed -1 amendments (EXHIBIT H).

285

Lynn Lehrbach

Teamsters Union. Offers testimony in support of HB 2039, with reference to submitted photos (EXHIBIT I).

TAPE 82, B

030

Rep. Zauner

Clarifies that the issue is the safety of the chassis.

035

Lehrbach

Indicates it is the safety of the chassis and the container.

040

Rep. Zauner

Asks about the inspection process.

042

Lehrbach

Explains that the chassis is not taken into the shop.

045

Rep. Zauner

Asks whether the truck driver could take the chassis into the shop.

050

Lehrbach

Explains that the driver does not have the authority to have the shop inspect the chassis.

055

Gregg Dal Ponte

Oregon Department of Transportation, Motor Carriers Division. Offers testimony regarding HB 2039, and the proposed -1 amendments. Points out the need to address the issue through federal guidelines.

125

Chair Brown

Asks whether Mr. Dal Ponte thinks the federal regulations would appropriately address the problem.

130

Dal Ponte

Refers to the Motor Carrier Transportation Advisory Committee, which recommended regulations be at the federal level.

135

Chair Brown

Asks what the timeline for the federal regulations would be.

140

Dal Ponte

Indicates he does not know what would be the timing of the federal guideline.

145

Rep. Beyer

Asks how HB 2039 would coexist with the federal regulations.

150

Dal Ponte

Explains that the federal guideline would take precedence, but indicates that he does not know how they would interact.

160

Rep. Zauner

Asks how many chassis’ are taken out of service when they are inspected.

165

Dal Ponte

Discusses the inspection process.

175

Rep. Zauner

Asks what a percentage would be.

180

Dal Ponte

Explains that fifty six percent of inspections result in a chassis being taken out of service.

185

Rep. Greenlick

Clarifies that if they pass this bill, it would be superceded when the federal regulations were adopted.

190

Dal Ponte

Acknowledges.

195

Lehrback

Points that a similar bill has been passed in California.

200

Chair Brown

Asks whether there is a similar law in Washington.

202

Lehrback

Explains that he does not know.

205

Chair Brown

Asks Mr. Dal Ponte how much freight coming through the port, comes from Washington.

210

Dal Ponte

Discusses the origin of the chassis’s in question.

220

Chair Brown

Clarifies that the problem would not necessarily originate at the Port of Portland.

225

Dal Ponte

Acknowledges.

230

Janet Adkins

Enters into the record a letter (EXHIBIT J) received from Jeffrey Lawrence of the Ocean Carrier Equipment Management Association (OCEMA) regarding HB 2039.

235

Rep. Zauner

Asks that the Port of Portland to address the question of how many new positions would be created by the bill.

240

Keith Leavitt

Port of Portland. Indicates that the fiscal impact on the port would be $3.4 million for hiring new inspector positions. Offers testimony regarding HB 2039. Points out that the bill is flawed in that it only deals with the Port of Portland.

295

Rep. Beyer

Asks about the fiscal impact with regards to the 56% out of service chassis inspection rate.

300

Leavitt

Points out this is the first time he has heard of this percentage, and discusses the need for federal guidelines to address the issue.

305

Rep. Greenlick

Asks about the fiscal figure indicated by Mr. Leavitt, clarifying it would amount to about seventy Full Time Equivalents (FTE)’s.

310

Leavitt

Discusses the way in which the fiscal impact was decided.

340

Rep. Greenlick

Further questions the possible fiscal impact.

345

Leavitt

Discusses the fiscal impact.

350

Rep. Greenlick

Clarifies that Mr. Leavitt is indicating that increased inspections would create a competitive disadvantage.

355

Leavitt

Explains that he does not know enough about the issue to characterize it in that way.

360

Chair Brown

Expresses his view that the issue is a safety issue, but points out the need for a fix in every port which would need to be accomplished by the federal government.

390

Rep. Greenlick

Points out the committee could pass the measure with a sunset clause.

400

Chair Brown

Closes the public hearing on HB 2039, and recesses the meeting at 10:00 a.m., explaining the committee will reconvene at 2:00 p.m. in HR 343.

RECESS

405

Chair Brown

Reconvenes meeting at 2:00 p.m.

415

Janet Adkins

Committee Administrator. Offers an update of the day’s agenda.

TAPE 83, B

020

Chair Brown

Opens the work session on HB 2986.

HB 2986 – WORK SESSION

025

Janet Adkins

Committee Administrator. Offers a description of HB 2986.

030

Holly Robinson

Legislative Counsel. Offers an outline of the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

085

Rep. Greenlick

Asks about specific statute.

095

Robinson

Explains the statute in question.

105

Rep. Greenlick

Clarifies the effect of specific rule.

115

Robinson

Acknowledges.

120

Rep. Greenlick

Comments on the creation of the rule and its use under mandatory reporting.

125

Robinson

Acknowledges, as long as the reporting was mandatory. Further discusses mandatory reporting requirements.

155

Nan Heim

Oregon Academy of Ophthalmology (OAO). Offers testimony regarding HB 2986.

175

Wayne Schumacher

Oregon Optometric Physicians Association. Offers testimony regarding HB 2986.

205

Jim Anderson

Ophthalmologist. Offers testimony regarding HB 2986, with reference to an amendment currently being drafted.

280

Heim

Discusses the coming amendment mentioned by Mr. Anderson.

285

Chair Brown

Clarifies that the OAO opposes the bill.

290

Rep. Greenlick

Clarifies that the current bill is not a repeal of ORS 807.710, and asks Ms. Heim to clarify the OAO position.

295

Heim

Discusses her group’s stance on the bill.

315

Rep. Mabrey

Comments on personal experience with those individuals who would forgo medical attention for fear of being reported to ODOT, but expresses concern for lack of reporting.

340

Schumacher

Discusses other ways in which at risk patients can be handled.

355

Rep. Greenlick

Asks how the witnesses would feel about leaving the statute as is, and addressing the subject next session.

380

Heim

Expresses the negative attitude in the medical community regarding the issue.

400

Anderson

Further comments on the wording of the bill.

TAPE 84, A

020

Rep. Greenlick

Asks whether the witnesses would be comfortable with an amendment which only allowed specific language.

025

Anderson

Comments on Rep. Greenlick’s suggestion, expressing a wish to further discuss the subject.

035

Tim Martinez

Oregon Medical Association. Offers testimony regarding HB 2986, explaining that this would not be a HIPAA issue.

045

Rep. Greenlick

Points out the major point is the voluntary vs. mandatory issue.

050

Martinez

Comments on the voluntary/mandatory issue with reference to submitted letter (EXHIBIT K) from Charles Sinsel.

065

Kelly Taylor

Oregon Department of Transportation. Offers testimony regarding HB 2986.

175

Rep. Zauner

Explains that there has been a lack of attempt for trying the program as currently written.

180

Martinez

Points out that the liability issue is extremely important to the medical community.

200

Chair Brown

Asks whether Mr. Martinez has any amendments for the measure.

205

Martinez

Explains that they will have amendments, but do not currently have amendments.

210

Rep. Greenlick

Asks whether Mr. Martinez would be comfortable with certain wording.

215

Martinez

Indicates he will take the suggestion back to the OMA.

220

Rep. Greenlick

Asks whether this would take a -1 amendment.

230

Adkins

Points out that the committee could request this as an amendment.

232

Rep. Greenlick

Expresses concern for the issue and the possible need for an amendment.

240

Rep. Beyer

Clarifies that, with no consequence for reporting, there would be no reporting.

245

Rep. Greenlick

Points out that there could still be repercussions concerning civil liability.

255

Kelly Taylor

Discusses the reporting issue in regards to the repercussions due to non-reporting.

280

Chair Brown

Closes the work session on HB 2986, and opens a public hearing on HB 2388.

HB 2388 – PUBLIC HEARING

285

Janet Adkins

Committee Administrator. Offers a description of HB 2388, the proposed -1 amendments (EXHIBIT L), and the issued fiscal statement (EXHIBIT M).

325

Rep. Beyer

Discusses her work with the groups concerned with the bill.

355

Adkins

Clarifies that the committee members have the correct amendments.

360

Kelly Taylor

Oregon Department of Transportation. Offers testimony regarding HB 2388, and the proposed -1 amendment.

400

Chair Brown

Asks Ms. Taylor to address the fiscal impact of the bill.

405

Taylor

Explains that for the most part the fiscal impact would be indeterminate.

TAPE 85, A

010

Monty King

Oregon Independent Auto Dealers Association. Offers testimony regarding HB 2388, and the proposed -1 amendment.

050

Rep. Beyer

Expresses her wish to work with Mr. King further on the issue.

055

King

Thanks Rep. Beyer and Chair Brown for their work in helping either side come together on this issue.

065

Brian Doherty

Insurance Auto Auction. Offers testimony regarding HB 2388, but expresses his group’s concerns with the bill and amendment.

080

Chair Brown

Asks about the business function of the Insurance Auto Auctions.

085

Doherty

Explains what the Auto Auction does.

090

Rep. Beyer

Asks that Ms. Taylor address this issue.

095

Taylor

Explains that if the Auto Auctioneers are doing the proper paperwork, then the stickers are not an issue.

100

Doherty

Indicates that he does not know whether Auto Auction takes the title or not.

110

Taylor

Indicates that she would be willing to work with Mr. Doherty on this issue.

115

King

Clarifies that a salvage vehicle cannot be driven on the highway, so if such a vehicle has registration displayed, it should not.

130

Al Elkins

Oregon Tow Truck Association. Thanks Rep. Beyer for her help mediating the issue. Offers testimony regarding HB 2388 and the proposed -1 amendments.

150

Chair Brown

Closes the public hearing on HB 2388, and opens a work session on HB 2388.

HB 2388 – WORK SESSION

155

Rep. Beyer

MOTION:  Moves to ADOPT HB 2388-1 amendments dated 04/15/03.

 

 

VOTE:  5-0

EXCUSED:  2 - Mabrey, Zauner

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

160

Rep. Beyer

MOTION:  Moves HB 2388 to the floor with a DO PASS AS AMENDED recommendation.

165

 

VOTE:  5-0

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

EXCUSED:  2 - Mabrey, Zauner

 

Chair Brown

The motion CARRIES.

REP. BEYER will lead discussion on the floor.

170

Chair Brown

Closes the work session on HB 2388, and opens a work session on HB 2455.

HB 2455 – WORK SESSION

175

Rep. Beyer

Offers a brief description of the bill.

185

Al Elkins

Oregon Tow Truck Association. Thanks Rep. Beyer for her work on the bill.

200

Monty King

Oregon Independent Auto Dealers Association. Thanks Rep. Beyer for her work and discusses the cooperation on the issue.

235

Deb Elkins

Northwest Automotive Trades Association. Offers testimony in support of HB 2455A, and thanks all those who were involved in bringing both all sides to the table.

255

Rep. Beyer

Thanks Joan Robinson in Legislative Counsel for her work on the issues.

265

Chair Brown

Closes the work session on HB 2455.

270

Rep. Gilman

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Rep. Dingfelder to vote on HB 3187.

 

 

VOTE:  5-0

EXCUSED:  2 - Mabrey, Zauner

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

275

Rep. Brown

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. DINGFELDER to BE RECORDED as voting AYE on the Motion: Moves HB 3187 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  2 - Mabrey, Zauner

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

285

Chair Brown

Adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

A – HB 3510, fiscal impact statement, Staff, 1 p.

B – HB 3510, submitted letter, Robert Weber, 1 p.

C – HB 2661, -2 amendments, Staff, 2 pp.

D – HB 2685, -2 amendments, Staff, 3 pp.

E – HB 3187, -1 amendments, Staff, 1 p.

F – HB 3187, sample ballot title, Staff, 2 pp.

G – HB 3187, written testimony, Don Miner, 3 pp.

H – HB 2039, -1 amendments, Staff, 1 p.

I – HB 2039, submitted photos, Lynn Lehrbach, 7 pp.

J – HB 2039, submitted letter, Jeffrey Lawrence, 4 pp.

K – HB 2039, submitted letter, Charles Sinsel, 2 pp.

L – HB 2388, -1 amendments, Staff, 6 pp.

M – HB 2388, fiscal impact statement, Staff, 1 p.