SENATE COMMITTEE ON TRANSPORTATION
March 30, 2005 Hearing Room C
3:10 P.M. Tapes 40 – 41
MEMBERS PRESENT: Sen. Joanne Verger, Chair
Sen. Doug Whitsett, Vice-Chair
Sen. Rick Metsger
Sen. Floyd Prozanski
Sen. Bruce Starr
STAFF PRESENT: Judith Callens, Committee Administrator
James Goulding, Committee Assistant
MEASURES/ISSUES HEARD:
SB 77 – Public Hearing
SB 894 – Public Hearing
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.
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TAPE/# |
Speaker |
Comments |
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TAPE 40, A |
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|
003 |
Sen. Whitsett |
Calls the committee to order at 3:20 p.m. Opens a public hearing on SB 77. Remarks he will be chairing the committee until Sen. Verger’s arrival. |
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SB 77 – PUBLIC HEARING |
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|
013 |
Judith Callens |
Committee Administrator. Describes the provisions of SB 77. Observes that copies of the proposed -1 amendment are before the committee members (EXHIBIT A). |
|
027 |
John Jackley |
Highway Division, Oregon Department of Transportation (ODOT). Testifies in favor of SB 77. Mentions the money saving implications of the measure. |
|
047 |
Dennis Wiegal |
Right of Way Section, ODOT. Testifies in favor of SB 77. Offers additional description of the measure and its function. |
|
077 |
Wiegal |
Describes that this measure would in no way endanger the value of property. Remarks that this is a better use of taxpayer dollars. |
|
090 |
Sen. Whitsett |
Asks if it would eliminate the need for the Uniform Standards of Professional Appraisal Practice (USPAP) to be applied in these particular cases. |
|
095 |
Wiegal |
Replies that it would not fall under the governance of USPAP standards. |
|
110 |
Sen. Whitsett |
Solicits their thoughts on the application of USPAP guidelines. |
|
115 |
Wiegal |
Observes that the standards would not apply in this scenario. |
|
127 |
Sen. Prozanski |
Considers the workload for ODOT being contracted out to other agencies. Asks what would happen to the staff. |
|
131 |
Wiegal |
Discusses the use of staff on other projects. |
|
159 |
Lawrence Ofner |
Appraiser. Presents a letter in opposition to SB 77 (EXHIBIT B). |
|
190 |
Ofner |
Explains his concerns with SB 77. |
|
230 |
Ofner |
Feels the measure is unnecessary. |
|
260 |
Ofner |
Describes the uniform act not being intended for appraisers. |
|
267 |
Brian Glanville |
Appraiser. Testifies in opposition to SB 77. Mentions the drafting of the appraisal laws. |
|
295 |
Glanville |
Mentions that property owners do not have the same options as appraisers. |
|
325 |
Roxanne Gillespie |
Appraiser. Testifies in opposition to SB 77. Relays her involvement with the creation of the original law. Voices her feelings that sufficient laws are already in place. |
|
370 |
Sen. Whitsett |
Considers a scenario where an appraiser would be prohibited from appraising a property. Asks who else could perform the appraisal in that situation. |
|
375 |
Ofner |
Replies that agency staff and attorneys could offer opinions. |
|
383 |
Sen. Whitsett |
Requests an approximation of the cost for a “non-appraisal” as opposed to a USPAP appraisal. |
|
387 |
Ofner |
Feels the cost would not be much different. |
|
TAPE 41, A |
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|
005 |
Glanville |
Mentions they can design a scope of work that is less than the full appraisal process. |
|
013 |
Sen. Prozanski |
Asks Ms. Gillespie to cite the section that defines who can perform that work. |
|
015 |
Gillespie |
Notes the section. |
|
020 |
John Brown |
Licensed Fee Appraiser, Eugene, Oregon. Testifies in support of SB 77. Offers a different perspective on the process of appraising property. Notes the cost of appraising a property |
|
050 |
Brown |
Relates some professional experiences where this change would have been helpful. |
|
070 |
Sen. Prozanski |
Wonders if there is concern to prevent awkward bidding situations over these small “non-appraisal” situations. |
|
085 |
Brown |
Replies that he doesn’t see this as a problem with the industry, just a better way to provide service to the consumer. |
|
105 |
Jon Oshel |
Association of Oregon Counties. Testifies in favor of SB 77. Discusses the need for a change to the existing laws to allow hiring of qualified appraisers. |
|
136 |
Bob Keith |
Administrator, Oregon Appraiser and Certification Licensure Board (ACLB). Discusses the ACLB’s support of the concept. Notes their conditions for approval of the bill. States they are neutral on the bill as drafted. |
|
150 |
Chair Verger |
Closes public hearing on SB 77. Opens a public hearing on SB 894. |
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SB 894 – PUBLIC HEARING |
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|
170 |
Bob Russell |
President, Oregon Trucking Associations (OTA). Testifies in favor of SB 894. Clarifies and explains the -1 (EXHIBIT C), -2 (EXHIBIT D), and -4 amendments (EXHIBIT E) before the committee. |
|
215 |
Sen. Prozanski |
Requests clarification regarding his comments on the -2 amendments. |
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220 |
Russell |
Clarifies his comments. |
|
230 |
Sen. Betsy Johnson |
Senate District 16. Discusses resolving the initial confusion over the classification of a “freight route”. |
|
243 |
Rep. Phil Barnhart |
House District 11. Talks about the ongoing discussion and interest in this issue. |
|
273 |
Rep. Barnhart |
Expresses his opinions on the various amendments. |
|
310 |
Rep. Barnhart |
Relates concerns over control of the process being shifted to the legislature. |
|
320 |
Chair Verger |
Clarifies which freight route he was talking about. |
|
323 |
Rep. Barnhart |
Thanks the chair for the clarification. |
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337 |
Russell |
Describes the meaning of a “freight route”. Provides a historical overview of the highway system established under President Eisenhower. |
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375 |
Russell |
Talks about the process of designating a freight route and what occurs when that designation is made. |
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405 |
Russell |
Details an exclusion in the statute. |
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TAPE 40, B |
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|
005 |
Russell |
Feels the -2 amendments solve the “hole in the air” problem. Notes the implications of the -4 amendments. |
|
017 |
Sen. Johnson |
Offers that she wants to make sure that what one amendment gives, another doesn’t take away. |
|
027 |
Rep. Barnhart |
States that the -2 amendments are making a significant change to the statute. Relates additional concerns. |
|
051 |
Sen. Whitsett |
Comments on the highway concerns of constituents in Prineville. |
|
057 |
Russell |
References a map handed out at the previous meeting showing the state and federal freight routes. |
|
077 |
Sen. Prozanski |
Comments on a change in the -4s about adding in a “freight route”. |
|
087 |
Russell |
Remarks on the change. |
|
090 |
Sen. Whitsett |
Questions other areas of the highway system being removed from the freight route system. |
|
095 |
Russell |
Notes he has not heard of any plans. |
|
100 |
Sen. Whitsett |
Asks if the potential is there for requests for exclusions. |
|
102 |
Russell |
Discusses the misconceptions of what a “freight route” entails. |
|
115 |
Rodger Bennett |
Florence City Manager. Submits written testimony in favor of including Highway 101 south of Florence as a “freight route” (EXHIBIT F). |
|
183 |
Randy Tucker |
Legislative Affairs Manager, Metro. Presents a letter on the potential impact of SB 894 (EXHIBIT G). |
|
230 |
Chair Verger |
Explains that she will have to leave the committee at this time. |
|
240 |
Tucker |
Continues discussing his concerns with SB 894. |
|
270 |
Tucker |
Expresses his hope that his concerns will be addressed. |
|
280 |
Sen. B. Starr |
Asks if he has had any input from Hillsboro, Cornelius, or Forest Grove. |
|
290 |
Tucker |
Replies that he has not heard any specific criticism. |
|
293 |
Sen. B. Starr |
Voices that he has heard no objections from constituents. Talks about the letter Mr. Tucker received. |
|
307 |
Tucker |
Makes additional comments. |
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315 |
Sen. Whitsett |
Remarks that they will not take action on the other bills before them today. |
|
337 |
Anthony Bieda |
Intergovernmental Relations, Lane County. Testifies in favor of SB 894. |
|
353 |
Chris Smith |
Citizen Representative, Transportation Policy Alternatives Committee (TPAC). Testifies in opposition to SB 894 (EXHIBIT H). |
|
405 |
Smith |
Elaborates on his concerns. |
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TAPE 41, B |
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|
019 |
Bricker |
Bicycle Transportation Alliance. Present written testimony on his concerns with the measure (EXHIBIT I). Discusses his concerns over the wording of the legislation. |
|
040 |
Sen. B. Starr |
Feels the amendments to the bill take care of the concerns he is raising. |
|
048 |
Bricker |
Replies in regards to his understanding of the -2 and -4 amendments. |
|
050 |
Sen. B. Starr |
Asks if the bottom line is defining the so called “hole in the air” portion of the measure. |
|
055 |
Bricker |
States that is one of his primary concerns. |
|
073 |
Leonard Goodwin |
Assistant Public Works Director, City of Springfield. Expresses concern for freight mobility. Feel this measure has unintended consequences. |
|
130 |
Goodwin |
Expands upon the anticipated expansion of traffic. |
|
143 |
Sen. Whitsett |
Clarifies the point Mr. Goodwin is making. |
|
145 |
Goodwin |
Summarizes his concerns with this bill. |
|
170 |
Christopher Henry |
Transportation Planning Engineer, City of Eugene. Presents written testimony in opposition to SB 894. (EXHIBIT J) |
|
200 |
Henry |
Explains the problems he perceives with the -2 amendments. |
|
215 |
Sen. Prozanski |
Considers the definition of “vehicle capacity”. |
|
220 |
Henry |
Defines “vehicle capacity”. Notes it is not easily measured. |
|
233 |
Sen. Prozanski |
Offers if there is a concept that defines the capability for movement of cargo vehicles. |
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245 |
Henry |
Replies that indirectly it may be defined. |
|
257 |
John Jackley |
Department of Transportation, Highway Division. Submits written testimony (EXHIBIT K). Notes the reasons this bill is before them today. |
|
295 |
Jackley |
Relates vehicle size and clearance calculations. |
|
330 |
Jackley |
Discusses the design of structures to accommodate freight vehicles. |
|
370 |
Jackley |
Points out there is a prominent roll for Oregon Transportation Commission in SB 894. |
|
383 |
Sen. Prozanski |
Clarifies Mr. Jackley’s statements that previous legislation used terms that are not currently defined. |
|
393 |
Jackley |
Concurs. |
|
397 |
Sen. Prozanski |
Wonders if Mr. Jackley can point out the previous legislation that is now in statute. |
|
400 |
Jackley |
Replies he will find out and report back to him. |
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The following material is submitted for the record without public testimony: |
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|
|
Sen. Bill Morrisette |
Senate District 6. Submits written testimony on SB 894 (EXHIBIT L). |
|
405 |
Sen. Whitsett |
Closes the public hearing on SB 894. Adjourns the committee at 5:07 p.m. |
EXHIBIT SUMMARY