CONFERENCE COMMITTEE ON HB 2661B

 

 

August 12, 2003   Hearing Room E

10:00 AM       Tape 1 - 2

 

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

                                                Rep. Mitch Greenlick

                                                Rep. Randy Miller

                                                Sen. Rick Metsger

                                                Sen. Bruce Starr

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Ryan Sherlock, Committee Assistant

 

MEASURE:                            HB 2661B - 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 1, A

004

Chair Brown

Calls the meeting to order at 10:06 a.m. and opens a work session on HB 2661B that allows Department of Transportation to provide for vehicle to be taken into custody from right of way of certain highways.

HB 2661B WORK SESSION

007

Janet Adkins

Committee Administrator. Offers a description of the bill and the issues to be addressed by the conference committee. Provides a section-by-section overview of the -B10 conflict amendments (EXHIBIT A).

063

Adkins

Offers a description of the –B11 amendments (EXHIBIT B).

085

Rep. Greenlick

Asks about specific wording in the –B11 amendment regarding definitions of a school zone.

092

Adkins

Offers an explanation of the wording in question.

096

Rep. Greenlick

Questions if the provisions in this amendment are exactly the same as they were in SB 179.

102

Chair Brown

Points out that the only change is in the implementation date.

106

Adkins

Clarifies the language of the conflict amendments.

110

Rep. Miller

MOTION:  Moves to ADOPT HB 2661-B10 amendments dated 8/11/03.

113

Sen. Metsger

Confirms his understanding of the –B10 amendments.

120

 

VOTE:  5-0

123

Chair Brown

Hearing no objection, declares the motion CARRIED.


 

125

Sen. Metsger

Asks that Ms. Schneider address the intent of the proposed -B11 amendments.

127

Susan Schneider

City of Portland. Offers testimony in support of the -B11 amendments to HB 2661B.

154

Sen. Metsger

Asks for further clarification.

158

Schneider

Explains that flashing lights are not applicable in this situation.

160

Sen. B. Starr

Asks about the fine for speeding in a school zone.

161

Schneider

Indicates that she does not know.

165

Adkins

Says that they vary from $75 to $600.

182

Rep. Miller

Asks why there would be double fines for someone speeding through a school zone in the middle of the night when there are sure to be no children present.

187

Schneider

Comments that consistency would eliminate the current difficulty with enforcing the double fines in school zones.

208

Rep. Miller

Asks why the double fine provision could not be posted in school zones designating certain hours.

219

Sen. B. Starr

Explains the intent is to make fines for speeding in school zones consistent at all hours.  Believes the double fine issue is completely separate from the speeding in school zones issue.

268

Rep. Greenlick

Asks for clarification of the wording required on signage if the committee does not adopt the -B11 amendments.

279

Schneider

Explains what cities would have to do.

292

Rep. Greenlick

Clarifies that it is not the issue of what the arresting officer writes down, but how the courts interpret the violation.

303

Schneider

Explains the violation remains the same, but the fine would be different.

310

Adkins

Clarifies her understanding of the amendment’s intent.

328

Christy Monson

League of Oregon Cities.  Offers an overview of what the work group intended.

340

Rep. Greenlick

Asks specifically about the double fine.

344

Monson

Explains the double fine is imposed only when children are present, which is narrowly defined to crosswalks.

368

Sen. Metsger

Comments on the difficulty regarding the issue.

410

Rep. Miller

Points out his preference regarding the issue.

440

Sen. Metsger

Concurs with Rep. Miller’s analysis.

TAPE 2, A

009

Sen. Metsger

MOTION:  Moves that the House concur on the Senate amendments dated 5/28/03 and be further amended and re-passed with the B10 amendments.

022

Adkins

Points out that the B10 amendments could be further changed by legislative counsel to accomplish the intent of the operative date.

026

Rep. Greenlick

Asks that it be made clear for the record that the intent is to keep the doubling of traffic fines when children are present in a school zone.

037

Adkins

Points out that this might not be the case.

042

Rep. Greenlick

Clarifies the effects of the bill on statute.

048

Adkins

Further comments on the changes.

051

Rep. Greenlick

Contends that the old definition for the purpose of fines remains the same.

053

Adkins

Says the old definition has been amended.

056

 

VOTE:  5-0

060

Chair Brown

Hearing no objection, declares the motion CARRIED.

REP. BROWN will lead discussion on the House floor

SEN. METSGER will lead discussion on the Senate floor.

062

Chair Brown

Closes the work session on HB 2661B and adjourns the meeting at 10:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2661B, -B10 amendments dated 8/11/03, submitted by staff, 36 pp

B – HB 2661B, -B11 amendments dated 8/11/03, submitted by staff, 3 pp