HOUSE COMMITTEE ON TRANSPORTATION

 

 

February 28, 2005   Hearing Room C

1:15 P.M. Tapes 16 – 17

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Scott Bruun

Rep. Dave Hunt

Rep. Kim Thatcher

 

STAFF PRESENT:                  John Houser, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2107 – Public Hearing

HB 2116 – Public Hearing and Work Session

                                                Introduction of Committee Bills – 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 16, A

003

Chair Gilman

Calls the meeting to order at 1:14 p.m. Opens a public hearing on

HB 2107.

HB 2107 – PUBLIC HEARING

006

John Houser

Committee Administrator. Introduces HB 2107.

025

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony including an overview of HB 2107 and amendments (EXHIBIT A).

089

Tom McClellan

Manager, Division of Motor Vehicles (DMV) Program Services. Explains section by section review of HB 2107 (EXHIBIT A, Page 4)

122

Rep. Boone

Asks why DMV would want to avoid behind-the-wheel testing of school bus drivers.

125

McClelland

Explains that the drivers who have already been tested would be required to pass a knowledge test.

130

Rep. Boone

Asks how the Department of Education requirements differ from DMV requirements.

133

McClelland

Answers they are essentially the same.

135

Rep. Burley

Clarifies testing.

138

McClelland

Explains testing.

142

Rep. Burley

Asks about requirements for behind-the-wheel test.

148

McClelland

Clarifies the behind-the-wheel requirements.

153

Rep. Burley

Asks about federal requirements.

160

McClelland

Answers the question. Continues the summary.

224

Rep. Hunt

Asks how a driver’s record would be affected if he or she had a conviction before the bill took effect and received a conviction after the bill takes effect.

231

McClelland

Answers that only provisions regarding personal cars would take effect.

233

Rep. Hunt

Asks for a clarification of provisions in the bill.

239

McClelland

Clarifies provisions in the bill and continues the summary.

313

John Houser

Committee Administrator. Asks for the difference between Section 20 of HB 2107 which provides for an administrative hearing for Commercial Driver License (CDL) suspensions, and Subsection 8, which provide for an imminent hazard hearing.

322

McClelland

Explains the difference between the hearings. Continues the summary.

398

Chair Gilman

Asks about regulations.

403

McClelland

Clarifies the regulations. Continues the summary.

TAPE 17, A

019

John Houser

Committee Administrator. Asks if the renewal procedure for hazardous material is annual.

023

McClelland

Answers that it will be every four years.

028

Rep. Burley

Asks if a Driving Under the Influence (DUI) in a non-Commercial Motor Vehicle (CMV) two years ago would not count.

044

McClelland

Answers yes.

046

Rep. Burley

Asks for clarification of provisions

054

Freeman

Explains that a DUI in a personal car would not count toward license suspension.

068

Rep. Burley

Asks about the consistency of the legislation.

070

Rep. Hunt

Asks why prior violations or convictions would be exempted.

084

Freeman

Answers that the convictions are not being exempted

097

Rep. Hunt

Asks for further clarification.

105

Freeman

States that the bill is coming into compliance with federal law.

110

Rep. Burley

Asks about consistency with federal rules.

120

Freeman

Explains the intent of the bill.

124

Rep. Burley

Concurs that provisions should not go beyond federal regulations.

132

McClelland

States that he will provide the committee with a comparison of state and federal provisions.

138

Rep. Boone

Asks about testing.

142

McClelland

Explains that DMV is working with Department of Education to comply with federal rules to get drivers certified.

152

Rep. Boone

Asks for a clarification of the additional knowledge test.

159

McClelland

Clarifies the testing and deadline rules.

162

Rep. Boone

Asks about the costs for DMV.

166

McClelland

Explains the costs associated with licensing.

173

Rep. Thatcher

Asks about the expiration date of CDL and testing.

184

Freeman

Explains that provisions are another endorsement on the CDL and that drivers would have to take a knowledge test and get the endorsement when they pay the fees.

193

Rep. Thatcher

Asks for clarification of requirements.

196

Freeman

Answers that their knowledge test would be valid.

205

Rep. Boone

Asks if HB 2107 is an unfunded mandate by threatening to withhold highway funds.

219

Freeman

Answers yes and explains the funding system.

226

Rep. Boone

Asks how much HB 2107 will cost to implement.

229

Freeman

Answers that there are 6500 drivers tested annually.

235

Rep. Boone

Notes that fees could amount to a day’s work for a school bus driver. Asks about costs.

257

Freeman

Answers that she will get more information.

260

Rep. Thatcher

Asks if grandfathering drivers into the system would be considered non-compliance.

269

McClelland

Answers no. Explains that licensing is a rigorous test.

284

Rep. Thatcher

Asks if waiting to administer a written test would be considered non-compliance.

287

McClelland

Answers that the written test is necessary for practicality purposes.

297

Rep. Burley

Asks about non-compliance and the Sept. 30 deadline.

329

Freeman

Explains that grandfathering is before Sept. 30.

344

Rep. Burley

Asks about the compliance of hours of operation.

351

McClelland

Answers that he will get the information.

355

John Houser

Committee Administrator. Asks why drivers should have to pay a fee for school bus endorsement in addition to the CDL.

371

McClelland

Explains endorsements and proficiency.

386

Houser

Asks if there are school bus drivers that have a CDL but do not drive another commercial vehicle.

397

McClelland

Explains the federal requirements.

406

Bob Russell

President, Oregon Trucking Association. Testifies in support of

HB 2107.

TAPE 16, B

020

Kelly Skye

Legislative Liaison, Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2107. Explains concerns with DUI provisions. Explains that there is no reason to believe that current laws are inadequate. Notes the fiscal impact.

123

Rep. Boone

Expresses concerns.

167

Bret West

Assistant Director, Department of Education (DOE). Testifies in support of HB 2107.

180

Chair Gilman

Asks about impacts the regular school bus driver will face.

185

Craig Pruitt

Consultant, DOE and People Transportation Industry. Explains school bus driver requirements.

209

Rep. Thatcher

Asks about the content of the driver tests.

211

Pruitt

Explains the test content.

224

Rep. Beyer

Asks if the fees are paid by the applicant.

231

West

Refers to (EXHIBIT A) and notes that some districts pay and others do not.

236

Rep. Hunt

Asks about infractions that occur before bill implementation.

240

Pruitt

Explains infractions and the diversion program.

257

Rep. Hunt

Asks if it is appropriate to start drivers with a clean slate upon implementation of the bill.

270

West

Answers that they have not had such discussions.

278

Tricia Smith

Oregon School Employees Association. Testifies in support of HB 2107.

320

Rep. Hunt

Asks if it would be appropriate to implement policy with drivers having a clean slate.

335

Smith

Addresses the actions a school should take if a bus driver receives a DUI.

380

Rep. Thatcher

Asks if there could be a different fee structure to get a license they already have.

400

Freeman

Answers that she will get information. Refers to testimony.

414

Chair Gilman

Asks for questions.

422

Rep. Boone

Asks why it costs $21 to issue the endorsement.

434

Freeman

Clarifies and needs get more information.

TAPE 17, B

007

Chair Gilman

Closes the public hearing on HB 2107. Opens a public hearing on HB 2116.

HB - 2116 – PUBLIC HEARING

010

John Houser

Committee Administrator. Introduces HB 2116.

025

John Jackley

Executive Officer Highway Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony including an overview of HB 2116 (EXHIBIT B).

063

Chair Gilman

Asks if HB 2116 represents the way operations have always been.

065

Jackley

Answers yes.

070

Chair Gilman

Asks for more testimony. Closes the public hearing on 2116 and opens a work session on 2116.

HB – 2116 – WORK SESSION

076

Rep. Thatcher

MOTION:  Moves HB 2116 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1 (SEE Page 5, TAPE 17 B AT 087)

EXCUSED:  1 - Rep. Burley

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

087

Chair Gilman

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. BURLEY to BE RECORDED as voting AYE on the motion to move HB 2116 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

094

Rep. Beyer

MOTION:  Moves HB 2116 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

099

Chair Gilman

Closes the work session on HB 2116. Opens a work session on LC 1849, LC 2591, LC 2846, and LC 3263.

LC 1849, LC 2591, LC 2846 & LC 3263 – WORK SESSION

102

John Houser

Committee Administrator. Introduces LC 1849, LC 2591, LC 2846, and LC 3263.

138

Rep. Hunt

MOTION:  Moves LC's:  1849 (EXHIBIT C), 2591 (EXHIBIT D), 2846 (EXHIBIT E), & 3263 (EXHIBIT F) BE INTRODUCED as committee bills.

143

Rep. Thatcher

Expresses concern over safe routes to school bill as perpetuating “more symbolism over real substance.”

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

156

Houser

States that another bill may possibly be introduced for committee consideration.

167

Chair Gilman

Closes the work session. Adjourns the meeting at 2:47 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2107, prepared testimony, Robin Freeman, 12 pp
  2. HB 2116, prepared testimony, John Jackley, 2 pp
  3. Introductions, LC 1849, staff, 2 pp
  4. Introductions, LC 2591, staff, 22 pp
  5. Introductions, LC 2846, staff, 2 pp
  6. Introductions, LC 3263, staff, 2 pp