HOUSE COMMITTEE ON TRANSPORTATION

 

 

May 6, 2005 Hearing Room C

1:00 P.M. Tapes  62 - 63

 

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:                  Patrick Brennan, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

HJM 35 – Public Hearing and Work Session

                                                HB 2742 – Work Session

                                                HB 2811 – Work Session

                                                HB 3024 – Work Session

                                                HB 3252 – Work Session

                                                HB 3415 – 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 62, A

003

Chair Gilman

Calls the meeting to order at 1:12 p.m. Announces that HB 2018,      HB 2108 and HB 3019 will not be heard at this time. Opens a public hearing on HJM 35.

HJM 35 – PUBLIC HEARING

008

Patrick Brennan

Committee Administrator. Introduces HJM 35.

015

Tammy Dennee

Executive Director, Oregon Wheat Growers League. Submits and summarizes prepared testimony in support of HJM 35 and “Frequently Asked Questions About Farm Truck Safety in Oregon” handbook (EXHIBIT A).

121

Rep. Burley

Asks why the distance criteria for intrastate commerce should be set at 150 miles or less.

123

Dennee

Answers that it is the statutory language referenced by U.S. Department of Transportation (USDOT).

134

Rep. Beyer

Asks why more fairness was not sought regarding the criteria for interstate commerce.

142

Dennee

Explains the difficulty of addressing the “intrastate commerce” and “interstate commerce” language.

173

Rep. Burley

Asks for a clarification of the 150-mile criteria for interstate commerce. Cites language in HJM 35 and asks if the current regulations contain the exemption.

176

Dennee

Answers that there is an exemption for intrastate commerce and that the objective is to obtain an exemption for interstate commerce.

188

Rep. Burley

Asks if the current federal regulations exemption specifically addresses interstate or intrastate commerce or if the 150-mile criteria is considered intrastate.

192

Dennee

Answers yes.

194

Rep. Burley

Clarifies the exemptions regarding an example of grain being taken to a grain elevator in Oregon being considered interstate commerce.

200

Dennee

Explains the work that was done with Congress regarding the exemptions and regulations.

212

Rep. Burley

Asks if it would be preferable to eliminate the 150-mile provision and classify farm vehicles operated within state lines as intrastate commerce, as other commodity haulers are regulated.

216

Dennee

Answers that she is unsure. Explains that the wheat growers would be pleased with increased freedom to move goods in the state as intrastate commerce, but wonders if the language would satisfy USDOT.

240

Chair Gilman

Asks if the 150-mile provision would address most of the wheat growers.

242

Dennee

Answers no, but states that there may be an issue with USDOT in seeking a re-definition of interstate and intrastate commerce.

250

Rep. Thatcher

States support for HJM 35.

252

Chair Gilman

References the legislation that addressed the issue during the 2003 Legislative Session.

255

Dennee

Explains that the intent of the bill is to provide relief to the wheat growers from undue bureaucracy while operating vehicles safely.

285

Rep. Boone

Asks if Oregon’s congressional delegation has been helpful in addressing the issue.

289

Dennee

Explains the coordination with Sen. Gordon Smith and Sen. Ron Wyden to write a letter to the Federal Commerce Committee to address the exemptions. Reiterates the intent of the bill.

335

Don Schellenberg

Associate Director of Governmental Affairs, Oregon Farm Bureau (OFB). Submits and summarizes prepared testimony in support of   HJM 35 (EXHIBIT B).

382

Rep. Boone

Argues for fairness among the states with the definitions of interstate and intrastate commerce.

400

Rep. Burley

Asks about the application of the exemption and how widespread the interpretation of interstate and intrastate commerce is.

405

Bob Russell

President, Oregon Trucking Association. Explains the history of the Interstate Commerce Commission (ICC) and its effect on the issue.

TAPE 63, A

014

Rep. Burley

Asks if log trucks would face the same problem facing interstate and intrastate commerce.

018

Russell

Answers yes.

023

Rep. Burley

Wonders if the scope of the issue is larger than is being addressed by the bill. Asks about federal legislation that deals with the issue.

029

Russell

Explains the exemption for the transportation of agricultural commodities contained in the federal legislation.

037

Dennee

Notes that the exemption contained in the federal legislation refers to hours of service.

041

Rep. Burley

Asks for clarification that the exemption does not include other requirements of interstate commerce.

044

Dennee

Answers yes.

046

Chair Gilman

Closes the public hearing and opens a work session on HJM 35.

HJM 35 – WORK SESSION

050

Rep. Hunt

MOTION:  Moves HJM 35 be sent to the floor with a BE ADOPTED recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. THATCHER will lead discussion on the floor.

057

Chair Gilman

Closes the work session on HJM 35. Opens a work session on           HB 2742.

HB 2742 – WORK SESSION

060

Patrick Brennan

Committee Administrator. Introduces HB 2742 and -1 amendments (EXHIBIT C). Explains that the committee received approval to rescind the subsequent referral to the Ways and Means Committee.

075

Rep. Burley

Describes the work done on the -1 amendments with Troy Costales, Administrator of the Transportation Safety Division, Oregon Department of Transportation (ODOT) and Scott Bricker of the Bicycle Transportation Alliance & Willamette Pedestrian Coalition.

090

Rep. Burley

MOTION:  Moves to ADOPT HB 2742-1 amendments dated 4/28/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

094

Rep. Burley

MOTION:  Moves HB 2742 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the Committee on Ways and Means BE RESCINDED.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. BURLEY will lead discussion on the floor.

108

Chair Gilman

Closes the work session on HB 2742. Opens a work session on         HB 2811.

 

HB 2811 – WORK SESSION

110

Patrick Brennan

Committee Administrator. Introduces HB 2811 and -8 amendments (EXHIBIT D).

125

Rep. Bruun

MOTION:  Moves to ADOPT HB 2811-8 amendments dated 5/3/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

130

Rep. Bruun

MOTION:  Moves HB 2811 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. BRUUN will lead discussion on the floor.

138

Chair Gilman

Closes the work session on HB 2811. Opens a work session on         HB 3024.

HB 3024 – WORK SESSION

144

Patrick Brennan

Committee Administrator. Introduces HB 3024 and -1 amendments (EXHIBIT E). Explains that the bill did not receive a public hearing in the committee. States that the committee received approval to rescind the subsequent referral to the Revenue Committee and to refer the bill to the Budget Committee.

162

Mike Marsh

Deputy Director, Oregon Department of Transportation. Submits and summarizes prepared testimony regarding HB 3024 (EXHIBIT F).

215

Rep. Burley

MOTION:  Moves to ADOPT HB 3024-1 amendments dated 5/4/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

222

Rep. Burley

MOTION:  Moves HB 3024 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the Committee on Revenue BE RESCINDED and BE REFERRED to the Committee on Budget.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

245

Chair Gilman

Closes the work session on HB 3024. Opens a work session on          HB 3252.

HB 3252 – WORK SESSION

248

Patrick Brennan

Committee Administrator. Introduces HB 3252 and -1 amendments (EXHIBIT G).

263

Chair Gilman

Explains that the intent of the bill is to maintain the 10 miles per hour (mph) speed differential for trucks if the speed limit is raised to 70 mph.

273

Rep. Hunt

Asks if input from safety officials has been received about the effect on safety from the changes contained in the amendments.

280

Chair Gilman

Answers that he has not received input. States that there is conflicting information about the effectiveness of a speed differential.

288

Rep. Hunt

Solicits comment from the Oregon Department of Transportation (ODOT).

293

Troy Costales

Transportation Safety Division Manager, ODOT. Reports that there are different studies that reach different conclusions about the effectiveness of a speed differential.

312

Rep. Hunt

Asks what the likely speed differential would be if the bill was passed.

320

Costales

Answers that the speed differential provision of the bill would only apply when the passenger vehicle speed limit is 70 mph.

336

Rep. Burley

Explains that the -1 amendments give ODOT the flexibility to change the speed differential when appropriate.

340

Costales

Concurs.

345

Chair Gilman

Explains a memo indicating that that if a 10 mph differential was available when the ODOT traffic study was done, the speed limit for passenger vehicles may have been set at 70 mph.

363

Rep. Thatcher

Argues that raising the speed limit to 70 mph will not change driving habits.

372

Chair Gilman

Concurs.

385

Rep. Thatcher

MOTION:  Moves to ADOPT HB 3252-1 amendments dated 5/2/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

390

Rep. Thatcher

MOTION:  Moves HB 3252 to the floor with a DO PASS AS AMENDED recommendation.

395

Rep. Boone

States that she will vote no and argues that people will drive faster than the speed limit even if it is raised.

405

Rep. Hunt

States that he will support the bill in committee, but is undecided on his support for the bill.

TAPE 62, B

007

Rep. Bruun

States that he shares the concerns of Rep. Boone and Rep. Hunt. Notes that ODOT has the ability but not the mandate to change speed limits.

018

Rep. Beyer

Notes her concerns with the bill and states that she is unsure if she will support the bill .

023

Chair Gilman

States that the intent is to give ODOT the ability to set speed limits at appropriate levels to maintain safety.

 

 

VOTE:  6-1-0

AYE:               6 - Beyer, Bruun, Burley, Hunt, Thatcher, Gilman

NAY:               1 - Boone

 

Chair Gilman

The motion CARRIES.

042

Chair Gilman

Closes the work session on HB 3252. Opens a work session on         HB 3415.

HB 3415 – WORK SESSION

045

Patrick Brennan

Committee Administrator. Introduces HB 3415 and -4 amendments (EXHIBIT H), -2 amendments (EXHIBIT I) and -5 amendments (EXHBIT J).

067

Rep. Hunt

Addresses the amendments and points out that they represent various policy decisions. States that his preference is for the bill without amendments.

130

Rep. Thatcher

Expresses support for the -5 amendments.

138

Rep. Boone

Expresses support for the -5 amendments. Asks if highways not designated as freight routes are a lower priority for modernization funds.

163

Joan Plank

Oregon Department of Transportation (ODOT). Explains freight route designations and modernization funding priorities.

183

Rep. Boone

Asks for a clarification of the -5 amendments.

185

Plank

Clarifies the effect of the amendments and freight route designations.

191

Rep. Hunt

MOTION:  Moves to ADOPT HB 3415-5 amendments dated 5/6/05.

195

Rep. Beyer

States her opposition to the bill.

213

Rep. Hunt

Explains that if funding had been allocated for projects of statewide significance in the 2003 Legislative Session, the projects would be closer to completion. Argues that taking action presently will benefit the projects.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

242

Rep. Hunt

Asks for a clarification of the process regarding HB 3415.

244

Brennan

Explains that the bill has a subsequent referral to the Ways and Means Committee.

266

Chair Gilman

Recesses the meeting at 2:25 p.m. Reconvenes the meeting at 2:33 p.m.

270

Rep. Hunt

MOTION:  Moves HB 3415 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the Committee on Ways and Means  BE RESCINDED.

277

Rep. Beyer

Reiterates her opposition to the bill due to the uncertainty of funding for projects.

 

 

VOTE:  6-1-0

AYE:               6 - Boone, Bruun, Burley, Hunt, Thatcher, Gilman

NAY:               1 - Beyer

 

Chair Gilman

The motion CARRIES.

REP. HUNT will lead discussion on the floor.

The following material is submitted for the record without public testimony:

 

Arthur J. Schlack

Policy Manager, Association of Oregon Counties. Submits prepared testimony in support of HB 3415 (EXHIBIT K).

300

Chair Gilman

Closes the work session on HB 3415. Adjourns the meeting at 2:35 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. HJM 35, prepared testimony and information, Tammy Dennee, 37 pp
  2. HJM 35, prepared testimony, Don Schellenberg, 1 p
  3. HB 2742, -1 amendments, staff, 2 pp
  4. HB 2811, -8 amendments, staff, 1 p
  5. HB 3024, -1 amendments, staff, 3 pp
  6. HB 3024, prepared testimony, Mike Marsh, 2 pp
  7. HB 3252, -1 amendments, staff, 6 pp
  8. HB 3415, -4 amendments, staff, 1 p
  9. HB 3415, -2 amendments, staff, 1 p
  10. HB 3415, -5 amendments, staff, 1 p
  11. HB 3415, prepared testimony, Arthur Schlack, 1 p