HOUSE COMMITTEE ON TRANSPORTATION

 

 

May 07, 2003 Hearing Room 357

8:30 AM Tapes  101 – 102

 

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 3058 – Public Hearing and Work Session

                                                SB 471A – Work Session

                                                SB 771A – Public Hearing

                                                SB 661A – Public Hearing and Work Session

                                                SB 663A – Public Hearing and Work Session

                                                SB 183 – 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 101, A

003

Chair Brown

Calls meeting to order at 8:37 a.m., and opens a public hearing on HB 3058.

HB 3058 – PUBLIC HEARING

005

Senator Joan Dukes

Senate District 16. Offers testimony in support of HB 3058-2, with reference to the -2 amendments (EXHIBIT A) which replace the language of the original bill.

040

John Stubenthal

Oregon Liquor Control Commission. Offers testimony in support of HB 3058-2.

055

Rep. Greenlick

Clarifies that military identification has the date of birth.

060

Sen. Dukes

Acknowledges, and explains the change from the old to new identification cards. Points out these ID’s are seldom counterfeited.

070

Rep. Zauner

Asks whether, without a physical description, how the individual can be identified.

075

Sen. Dukes

Points out the military identity has a photo of the individual.

080

Rep. Mabrey

Points out the need for emergency clause.

085

Chair Brown

Closes the public hearing on HB 3058, and opens a work session on HB 3058.

HB 3058 – WORK SESSION

090

Rep. Gilman

MOTION:  Moves to ADOPT HB 3058-2 amendments dated 05/06/03.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

095

Rep. Gilman

MOTION:  Moves HB 3058 to the floor with a DO PASS AS AMENDED recommendation.

100

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

105

Rep. Zauner

MOTION:  Moves HB 3058 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

110

Chair Brown

Closes the public hearing on HB 3058, and opens a work session on SB 471A.

SB 471A – WORK SESSION

115

Janet Adkins

Committee Administrator. Offers a description of SB 471A.

120

Richard Burke

Libertarian Party of Oregon. Offers testimony regarding SB 471A.

140

Rep. Mabrey

MOTION:  Moves SB 471A to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

145

Adkins

Points out that the committee is adding the referral to Ways and Means.

150

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

155

Chair Brown

Closes the work session on SB 471A, and opens a public hearing on SB 771A.

SB 771A – PUBLIC HEARING

160

Janet Adkins

Committee Administrator. Offers a description of SB 771A, with reference to the issued fiscal impact statement (EXHIBIT B), and submitted testimony from the Oregon Department of Environmental Quality (EXHIBIT C).

180

John Rosenberger

Oregon Department of Transportation; Highway Division, Executive Director. Offers testimony in support of SB 771A.

200

Rep. Dingfelder

Clarifies the reasoning for creating in statute something these agencies already do.

210

Rosenberger

Discusses the reasoning for creating the regulations in statute.

220

Rep. Dingfelder

Expresses her concerns for the policy which would be created by this bill. Points out that while these agencies budgets are being cut, this bill would require more work.

240

Rosenberger

Discusses the means in which other agencies aid ODOT, in context to the bill.

255

Rep. Dingfelder

Clarifies that the Community Solutions Teams (CST) already works on transportations projects.

265

Rosenberger

Discusses the CST’s role.

270

Rep. Greenlick

Refers to the fiscal impact statement and points out the CST are the mechanism used. Asks whether the Co-Chair’s budget contained a decrease in funds for the CST.

280

Rosenberger

Indicates that he has not seen the fiscal impact statement and does not know the answer.

285

Rep. Greenlick

Expresses his concerns regarding the funding of the CST’s.

290

Rep. Beyer

Comments on a relevant issue in her district and asks Mr. Rosenberg to address that situation.

295

Rosenberger

Comments on the situation in question.

315

Chair Brown

Asks which goal regards the exception.

320

Rosenberger

Answers the goals question.

325

Chair Brown

Closes the public hearing on SB 771A, and opens a public hearing on SB 661A.

SB 661A – PUBLIC HEARING

330

Janet Adkins

Committee Administrator. Offers a description of SB 661A.

365

Ken McDermott

Senator Starr’s Office. Offers written testimony (EXHIBIT D) in support of SB 661A.

385

Rep. Greenlick

Expresses concern for the lack of specificity in the bills language and definitions. Asks about a specific use of the amber lights.

395

McDermott

Discusses the example suggested by Rep. Greenlick.

TAPE 102, A

010

Rep. Greenlick

Clarifies his concerns over the definition of “commercial” or “work site.”

020

Curt Curtis

Oregon State Police. Offers testimony regarding SB 661 A.

035

Rep. Beyer

Comments on a previous bill regarding this issue.

045

McDermott

Indicates that he did not work on the previous bill, but offers his perception of the differences between that bill and SB 661 A.

070

Chair Brown

Clarifies that currently, if a contractor is working for ODOT and is in a work zone, the contractor cannot use amber lights.

075

Troy Costales

Oregon Department of Transportation. Offers written testimony (EXHIBIT E) regarding SB 661 A.

080

Rep. Greenlick

Restates his concerns with the lack of clear wording in the bill.

085

Curtis

Discusses the definition of certain wording in the bill.

110

Costales

Points out that the bill would allow use of the lights, but not mandate the use of the lights.

115

Rep. Greenlick

Asks for a clarification of specific wording in the bill “unusual care.”

120

McDermott

Indicates the intent of the language in question.

130

Rep. Beyer

Discusses the origin of the bill.

145

Rep. Greenlick

Points out the importance of the issue and the possible affect of the policy.

170

McDermott

Addresses Rep. Greenlick’s comments. Discusses personal experience regarding the issue.

190

Rep. Zauner

Points out his personal experience regarding the issue.

200

Chair Brown

Clarifies that the lights would not be mandatory. Closes The public hearing on SB 661A, and opens a work session on SB 661A.

SB 661A – WORK SESSION

205

Rep. Mabrey

MOTION:  Moves SB 661A to the floor with a DO PASS recommendation.

210

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

215

Rep. Greenlick

Asks who in Legislative Counsel drafted the bill.

220

Adkins

Indicates that she will find out.

225

Rep. Dingfelder

MOTION:  Moves SB 661A be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

230

Chair Brown

Closes the work session on SB 661A, and opens a work session on SB 663A.

SB 663A – PUBLC HEARING

235

Janet Adkins

Committee Administrator. Offers a description of SB 663A.

250

John McDermott

Senator Starr’s Office. Offers testimony in support of SB 663A.

275

Rep. Greenlick

Discusses his personal experience with traffic enforcement regarding U-turn.

295

Doug Tindall

Oregon Department of Transportation. Offers written testimony (EXHIBIT F) regarding SB 663A. Addresses Rep. Greenlick’s concerns regarding the confusion of signage.

310

Rep. Beyer

Asks whether there is any record as to how many people are cited for making illegal U-turns.

315

Tindall

Explains that there is no central database for this information.

330

Chair Brown

Closes the public hearing on SB 663A, and opens a work session on SB 663A.

SB 663A – WORK SESSION

335

Rep. Greenlick

MOTION:  Moves SB 663A to the floor with a DO PASS recommendation.

340

Rep. Zauner

Points out the consistency which the bill provides, indicating his support for the bill.

345

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

350

Rep. Dingfelder

MOTION:  Moves SB 663A be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

355

Chair Brown

Closest the work session on SB 663A, and opens a work session on SB 183.

SB 183 – WORK SESSION

370

Janet Adkins

Committee Administrator. Offers a description of SB 183, and the proposed -4 amendments (EXHIBIT G), with reference to the submitted fiscal impact statement (EXHIBIT H).

TAPE 101, B

010

Rep. Greenlick

Clarifies the effect of the bill and the proposed amendments.

020

Adkins

Acknowledges the clarification.

025

Dawn Philips

Rep. Miller’s Office. Offers testimony in support of the proposed -3 amendments.

030

Rep. Dingfelder

Questions the need for the -3 amendments to SB 183.

040

Phillips

Comments on the need for uniformity in application of the “Basic Rule.”

055

Rep. Zauner

Asks whether this would allow the Oregon Department of Transportation to change the speed on interstates within city limits.

060

Phillips

Indicates that ODOT would be allowed to change those speed limits.

065

Rep. Beyer

Indicates that she would like to hear from ODOT regarding the issue.

075

Troy Costales

Oregon Department of Transportation. Offers testimony regarding SB 183 with reference to submitted map (EXHIBIT I) and public opinion poll (EXHIBIT J).

100

Rep. Greenlick

Clarifies whether the confusion currently in statute would still be better organized by SB 183 with the -4 amendments.

105

Costales

Acknowledges, and continues with testimony. Indicates his support for the -2 amendments (EXHIBIT K).

145

Rep. Beyer

MOTION:  Moves to ADOPT SB 183-2 amendments dated 05/05/03.

150

Zauner

Clarifies wording in Mr. Costales’ written testimony.

155

Chair Brown

Asks if Rep. Beyer would withdraw her motion so the committee could hear more testimony.

156

Rep. Beyer

Withdraws motion to adopt the -2 amendments to SB 183.

160

Lisa Millet

Department of Human Services. Offers testimony in opposition to SB 183, with reference to submitted fact sheet (EXHIBIT L).

185

Gary Miller

Oregon Department of State Police. Offers written testimony (EXHIBIT M) regarding SB 183 and the proposed -3 amendments.

205

Chair Brown

Stands meeting at ease.

RECESS

210

Chair Brown

Calls meeting back to order.

215

Rep. Beyer

MOTION:  Moves to ADOPT SB 183-2 amendments dated 05/05/03.

220

Janet Adkins

Clarifies what the -2 amendments do.

225

 

VOTE:  2-4

AYE:               2 - Beyer, Dingfelder

NAY:               4 - Gilman, Mabrey, Zauner, Brown

EXCUSED:     1 - Greenlick

 

Chair Brown

The motion FAILS.

230

Rep. Mabrey

MOTION:  Moves to ADOPT SB 183-4 amendments dated 05/06/03.

235

Rep. Dingfelder

Indicates her support for the original intent of the bill, but expresses her dislike for the -4 amendments which will cause her to vote No on the motion.

240

 

VOTE:  4-2

AYE:               4 - Gilman, Mabrey, Zauner, Brown

NAY:               2 - Beyer, Dingfelder

EXCUSED:     1 - Greenlick

 

Chair Brown

The motion CARRIES.

245

Rep. Mabrey

MOTION:  Moves SB 183 As Amended WITHOUT RECOMMENDATION as to passage BE REFERRED to the committee on Ways and Means by prior reference.

250

Rep. Beyer

Expresses her concerns with the bill, and indicates her intent to vote No on the motion.

251

Rep. Dingfelder

Concurs with Rep. Beyer’s intent.

255

Chair Brown

Indicates his intent to vote Aye on the motion.

260

 

VOTE:  4-2

AYE:               4 - Gilman, Mabrey, Zauner, Brown

NAY:               2 - Beyer, Dingfelder

EXCUSED:     1 - Greenlick

 

Chair Brown

The motion CARRIES.

270

Chair Brown

Closes the work session on SB 183, and adjourns the meeting at 9:53 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3058, -2 amendments, Staff, 2 pp.

B – SB 771A, fiscal impact statement, Staff, 1 p.

C – SB 771A, written testimony, Staff, 2 pp.

D – SB 661A, written testimony, Ken McDermott, 1 p.

E – SB 661A, written testimony, Troy Costales, 1 p.

F – SB 663A, written testimony, Doug Tindall, 1 p.

G – SB 183, -4 amendments, Staff, 30 pp.

H – SB 183, fiscal impact statement (-3 amendments), Staff, 2 pp.

I – SB 183, submitted map, Troy Costales, 1 p.

J – SB 183, submitted chart, Troy Costales, 1 p.

K – SB 183, -2 amendments, Staff, 4 pp.

L – SB 183, submitted fact sheet, Lisa Millet, 1 p.

M – SB 183, written testimony, Gary Miller, 1 p.