HOUSE COMMITTEE ON TRANSPORTATION

 

 

May 18, 2005 Hearing Room C

1:00 P.M. Tapes  70 - 71

 

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:

SB 74 – Work Session

                                                SB 367-A – Public Hearing and Work Session

                                                SB 445 – Public Hearing and Work Session

                                                SB 448-A – Public Hearing and 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 70, A

003

Chair Gilman

Calls the meeting to order at 1:18 p.m. Opens a work session on SB 74.

SB 74 – WORK SESSION

005

Patrick Brennan

Committee Administrator. Introduces SB 74 and -1 amendments (EXHIBIT A).

020

Rep. Bruun

MOTION:  Moves to ADOPT SB 74-1 amendments dated 5/12/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Boone

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

026

Rep. Bruun

MOTION:  Moves SB 74 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

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

EXCUSED:  2 - Beyer, Boone

(Note: See Tape 71, A at 320 and Page 5 of these minutes)

 

Chair Gilman

The motion CARRIES.

 

035

Rep. Bruun

MOTION:  Moves SB 74 be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Boone

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

037

Chair Gilman

Closes the work session on SB 74. Opens a public hearing on             SB 367-A.

SB 367-A – PUBLIC HEARING

040

Patrick Brennan

Committee Administrator. Introduces SB 367 A.

050

Troy Costales

Manager, Transportation Safety Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony regarding SB 367-A (EXHIBIT B).

090

Rep. Burley

Asks about exemptions related to child safety system

095

Costales

Answers that the adult responsible for the child would be cited rather than the driver of the vehicle.

100

Rep. Thatcher

Asks what exemptions would remain in the law after the passage of   SB 367-A.

104

Costales

Explains the exemptions that would still be in effect.

117

Rep. Hunt

Asks if language exists in statute that specifies who is responsible for children in vehicles.

124

Costales

Cites bill language that addresses responsibility regarding the child safety system.

145

Rep. Billy Dalto

House District 21. Introduces Christa Kay Whitman.

156

Christa Kay Whitman

Salem. Submits and reads prepared testimony in support of SB 367-A (EXHIBIT C).

180

Rep. Dalto

Commends Ms. Whitman for proposing the bill.

190

Whitman

Explains the automobile accident in Portland that prompted her to propose the bill.

205

Rep. Burley

Commends Ms. Whitman for proposing the bill.

210

Rep. Dalto

Explains how Ms. Whitman worked throughout the legislative process.

235

Whitman

Explains injuries that can result from an automobile accident.

250

Rep. Dalto

Further explains his work with Ms. Whitman sponsoring the bill.

260

Rep. Boone

Commends Ms. Whitman for proposing the bill.

265

Whitman

Asks Rep. Boone to carry the bill.

267

Rep. Boone

Answers that she would.

270

Rep. Thatcher

Commends Ms. Whitman for the bill, but states that it is not the role of government to mandate seat belt use.

290

Sen. Rick Metsger

Senate District 26. Testifies in support of SB 367-A. Commends Ms. Whitman and Rep. Dalto for their work on the bill.

310

Chair Gilman

Closes the public hearing and opens a work session on SB 367-A.

SB 367-A – WORK SESSION

315

Rep. Burley

MOTION:  Moves SB 367-A to the floor with a DO PASS recommendation.

 

 

 

VOTE:  6-1-0

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

NAY:               1 - Thatcher

 

Chair Gilman

The motion CARRIES.

REP. BOONE will lead discussion on the floor.

333

Chair Gilman

Closes the work session on SB 367-A. Opens a public hearing on      SB 445.

SB 445 – PUBLIC HEARING

335

Patrick Brennan

Committee Administrator. Introduces SB 445.

344

Ted Keizer

Legislative Assistant to Sen. Joanne Verger. Testifies in support of    SB 445.

356

Rod Roberts

Coos County Sheriff’s Office. Testifies in support of SB 445. Explains the different classes of all-terrain vehicles (ATV) and their use in areas that are closed to ATVs.

380

Chair Gilman

Asks about areas where ATVs are currently allowed.

384

Roberts

Explains the restricted areas and ATV use.

TAPE 71, A

005

Keizer

Explains the different types of vehicles that are used on the Oregon Dunes and cites examples of a motor homes and a tank being used on the dunes.

010

Rep. Bruun

Asks if it is appropriate for the state to take action, or whether it would be more appropriate for Coos County to address the issue.

016

Roberts

Answers that Coos County cannot take action because the lands are operated by the state or federal government.

028

Rep. Bruun

Asks how the ATV issue can be addressed on state and federal lands.

030

Roberts

Cites the vehicle code that allows federal, state, or county governments to cite ATV restrictions.

034

Rep. Bruun

Asks for a clarification of law enforcement abilities for federal, state and county governments.

040

Roberts

Explains that the federal and state laws mimic each other that allows the authority to issue citations.

055

Rep. Beyer

Wonders why signage would not be appropriate in addressing the issue.

061

Roberts

Explains that there are standards for signage and ATV classification.

075

Rep. Thatcher

Asks for a clarification of ATV weight limits.

078

Roberts

Offers a clarification of ATV weight limits.

088

Chair Gilman

Asks if the bill is changing the vehicle code.

092

Roberts

Explains the effect of the bill on the vehicle code.

095

Chair Gilman

Closes the public hearing and opens a work session on SB 445.

SB 445 – WORK SESSION

100

Rep. Burley

MOTION:  Moves SB 445 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

 

108

Rep. Burley

MOTION:  Moves SB 445 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

112

Chair Gilman

Closes the work session on SB 445. Opens a public hearing on           SB 448-A.

SB 448-A – PUBLIC HEARING

115

Patrick Brennan

Committee Administrator. Introduces SB 448-A.

126

Sen. Betsy Johnson

Senate District 16. Testifies in support of SB 448-A. Explains the regulations related to passenger transportation.

143

Martin Loring

Administrator, Public Transit Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony regarding SB 448-A (EXHIBIT D).

186

Sen. Johnson

Concurs with Mr. Loring’s testimony. Explains the transportation challenges faced by rural communities and the improvements that are proposed by the bill.

205

Rep. Bruun

Asks about the dissenting vote in the Senate.

208

Sen. Johnson

Answers that Sen. Kurt Schrader voted no and explains his criteria for voting against the bill.

215

Rep. Burley

Expresses support for the bill. Asks if school buses are being exempted from the motor vehicle code.

220

Loring

Explains that the bill would allow school buses under certain circumstances to be used for purposes other than transporting students.

235

Rep. Burley

Asks if school buses are exempted from motor carrier regulations.

241

Gregg Dal Ponte

Motor Carrier Division Administrator,  ODOT. Explains the school bus exemptions and the conflicting language in statute.

260

Rep. Burley

Clarifies the statute that allows school buses to be used for other purposes and non-profit vehicle use.

275

Rep. Beyer

Asks if the driver, vehicle, or both are being regulated.

280

Dal Ponte

Answers that it is economic regulations that includes entry to the business, routes and rates.

283

Rep. Boone

States support for the bill.

291

Chair Gilman

Closes the public hearing and opens a work session on SB 448 A.

SB 448-A – WORK SESSION

295

Rep. Hunt

MOTION:  Moves SB 448-A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

 

305

Rep. Burley

MOTION:  Moves SB 448-A be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

315

Chair Gilman

Closes the work session on SB 448-A. Reopens the work session on  SB 74 for the purpose of allowing Rep. Beyer and Rep. Boone to be recorded as voting on SB 74.

 

SB 74 – WORK SESSION

320

Rep. Thatcher

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. BEYER and REP. BOONE to BE RECORDED as voting AYE on the motion to move SB 74 to the floor with a DO PASS AS AMENDED recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

 

VOTE:  7-0-0

(Note: See Tape 70, A at 026, Page 1 of these minutes)

 

Chair Gilman

The motion CARRIES.

336

Chair Gilman

Closes the work session on SB 74. Adjourns the meeting at 2:09 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 74, -1 amendments, staff, 6 pp
  2. SB 367 A, prepared testimony, Troy Costales, 2 pp
  3. SB 367 A, prepared testimony, Christa Kay Whitman, 2 pp
  4. SB 448 A, prepared testimony, Martin Loring, 1 p