BTA at Work:

2007 Legislative Session


I. BTA Priorities

1. HB 3314 - Vulnerable Users of Public Right of Way

*PASSED*

This bill creates a class of Vulnerable Users that includes anyone not in an enclosed vehicle. It creates enhanced penalties for drivers that kill or seriously injure a vulnerable user and are convicted of Careless Driving. The sentence requires:

  • Two mandatory court appearances (current standards do not require an appearance)
  • 100-200 hours of community service
  • Completion of a traffic safety course
  • Up to $12,500 fine (waived if above requirements met)
  • One-year license suspension (waived if above requirements met, but ODOT can place an additional administrative suspension)

This bill also helped create momentum for a Vehicular Homicide bill that was introduced late in the session but did not pass.

View Bill
BTA House Testimony

HB 3314 By COMMITTEE ON JUDICIARY (at the request of Bicycle Transportation Alliance) -- Relating to vehicular contact with vulnerable user of a public way.

Measure history:

3/12 (H) First reading. Referred to Speaker's desk.
3/15 (H) Referred to Judiciary with subsequent referral to Ways and Means.
4/23 (H) Public Hearing held.
4/24 (H) Work Session held.
5/08 (H) Recommendation: Do pass with amendments, be printed A-Engrossed, and subsequent referral to Ways and Means be rescinded.
5/08 (H) Subsequent referral to Ways and Means rescinded by order of Speaker.
5/10 Second reading.
5/11 Third reading. Carried by Read.  Passed.
Ayes, 45; Nays, 9--Boquist, Cameron, Garrard, Gilliam, Gilman, Hanna, Maurer, Morgan, Scott; Excused, 6--Burley, Butler, Macpherson, Minnis, Richardson, Smith P..
5/11(S) First reading. Referred to President's desk.
5/14 Referred to Judiciary.
5/24 Public Hearing held.
5/29 Work Session held.
6/6 Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)
6/7 Second reading.
6/8 Motion to refer to Rules carried.
6/11 Public Hearing and Work Session held.
6/14 Recommendation: Do pass with amendments to the B-Eng. bill. (Printed C-Eng.)
6/15 Second reading.
6/18 Made a Special Order of Business by unanimous consent. Third reading. Carried by Prozanski.
Passed. Ayes, 25; Nays, 4--Beyer, George, L., Kruse, Whitsett; Excused, 1--Bates.
6/20(H) House concurred in Senate amendments and repassed bill. Ayes, 40; Nays, 9--Boquist, Butler, Cameron, Garrard, Gilman, Hanna, Morgan, Scott, Smith G.; Excused, 1--Tomei; Excused for Business of the House, 10--Berger, Buckley, Clem, Esquivel, Gelser, Hunt, Jenson, Roblan, Rosenbaum, Thatcher.
6/23 Speaker signed.
6/25(S) President signed.

2. SB 299 - Improves Safety for Cyclists

*PASSED*

This bill initially requested a three-foot minimum passing distance along with other improvements. The resulting bill created a safe passing distance geared primarily for non-urban cycling conditions. SB 108 creates the offense of unsafe passing of a bicycle and other improvements:

  • Safe passing distance means distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic.
    * Exceptions include if a bicycle is in a bike lane, if the driver is going less than 35 mph, and when cyclists are turning left and the motorist is overtaking on the right. In these exception cases, ORS 811.410 still applies stating a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left at a safe distance.
  • Drivers may drive to the left of the center of a roadway to safely pass a bicycle if it is unobstructed for sufficient distance to permit the driver to pass the person safely and avoid interference with oncoming traffic.
  • Legalizes pace line cycling by limiting the offense of “following too closely” to motor vehicles.

View Passed Bill SB 108
View Original Bill SB 299
View SB299 White Paper

SB 299 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President. (at the request of Senate Interim Committee on Judiciary for Bicycle Transportation Alliance) -- Relating to bicycles.

Measure history:

12/13 Voted to be a Senate Judiciary Committee bill
1/12(S) Introduction and first reading. Referred to President's desk.
1/19 Referred to Judiciary.
1/29 Public Hearing at Senate Judiciary Committee
6/28 In committee upon adjournment.

SB 108 Measure History:

SB 108 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President. (at the request of Governor Theodore R. Kulongoski for Department of State Police) -- Relating to traffic offenses.
1/8(S) Introduction and first reading. Referred to President's desk.
1/11 Referred to Judiciary.
4/3 Public Hearing held.
4/26 Public Hearing and Work Session held.
5/4 Recommendation: Do pass with amendments. (Printed A-Eng.)
5/7 Second reading.
5/8 Taken from 05-08 Calendar and placed on 05/10 Calendar on voice vote.
5/10 Taken from 05-10 Calendar and placed on 05/11 Calendar on voice vote.
5/11 Third reading. Carried by Walker. Passed.
Ayes, 17; Nays, 10--Beyer, Ferrioli, George, L., Kruse, Metsger, Morse, Nelson, Schrader, Starr, Whitsett; Excused, 3--Atkinson, George, G., Winters.
5/14(H) First reading. Referred to Speaker's desk.
5/15 Referred to Transportation.
5/23 Public Hearing held.
5/30 Public Hearing and Work Session held.
6/7 Recommendation: Do pass with amendments and be printed B-Engrossed.
6/11 Second reading.
6/12 Third reading. Carried by Gilman, Read. Failed.
Ayes, 26; Nays, 25--Boquist, Buckley, Burley, Butler, Cameron, Dallum, Edwards D., Esquivel, Flores, Garrard, Gilliam, Girod, Hanna, Jenson, Lim, Maurer, Minnis, Nelson, Olson, Richardson, Riley, Roblan, Schaufler, Scott, Smith G.; Absent, 1--Whisnant; Excused, 8--Berger, Cannon, Gelser, Krieger, Morgan, Shields, Smith P., Thatcher.
Buckley changed vote from "aye" to "nay" and served notice of possible reconsideration.
6/13 Vote reconsideration carried.
Ayes, 34; Nays, 24--Boquist, Burley, Butler, Cameron, Esquivel, Flores, Garrard, Gilliam, Gilman, Girod, Hanna, Jenson, Krieger, Maurer, Minnis, Morgan, Nelson, Olson, Richardson, Scott, Smith G., Smith P., Thatcher, Whisnant; Absent, 1--Lim; Excused, 1--Cannon. Passed.
Ayes, 32; Nays, 27--Boquist, Burley, Butler, Cameron, Dallum, Esquivel, Flores, Garrard, Gilliam, Girod, Hanna, Jenson, Krieger, Lim, Maurer, Minnis, Morgan, Nelson, Olson, Richardson, Riley, Roblan, Scott, Smith G., Smith P., Thatcher, Whisnant; Excused, 1--Cannon.
6/15(S) Senate refused to concur in House amendments on voice vote.
Senators Burdick, Chair, Atkinson, Prozanski appointed Senate conferees.
6/18(H) Representatives Beyer, Gilman, Read appointed House conferees.
6/20(S) Work Session held.
6/23 Conference Committee Recommendation: The Senate concur in House amendments dated 06-07 and B-Engrossed bill be further amended and repassed.
6/23(H) Conference Committee Report read in House.
6/24(S) Senate adopted Conference Committee Report and repassed bill.
Ayes, 24; Nays, 4--Beyer, George, G., Kruse, Whitsett; Absent, 1--George, L.; Excused, 1--Ferrioli.
6/26(H) Committee Report adopted.
Repassed.
Ayes, 38; Nays, 21--Boquist, Burley, Butler, Cameron, Dallum, Esquivel, Flores, Garrard, Gilliam, Girod, Hanna, Jenson, Krieger, Maurer, Minnis, Richardson, Scott, Smith G., Smith P., Thatcher, Whisnant; Excused, 1--Morgan.
6/29(S) President signed.

3. SB 573 - Pedestrian Hand Signal

*FAILED*

This concept would increase walkers’ rights by creating an optional hand signal to help a person clarify their intention to cross the street. Walkers already have the right of way in the crosswalk, but this concept would allow walkers to extended their palm out to trigger the right of way.

View Bill SB 573
View SB 573 White Paper

Meaure history:

SB 573 By Senator BURDICK; Senator MONROE, Representatives BUCKLEY, READ -- Relating to pedestrians.
2/12(S) Introduction and first reading. Referred to President's desk.
2/14 Referred to Judiciary.
3/7 Public Hearing held.
4/3 Work Session held.
4/11 Recommendation: Do pass with amendments. (Printed A-Eng.)
4/12 Second reading.
4/16 Taken from 4/16 Calendar and placed on 4/19 Calendar by unanimous consent.
4/19 Third reading. Carried by Burdick. Passed.
Ayes, 18; Nays, 8--Deckert, Johnson, Kruse, Metsger, Monnes Anderson, Schrader, Verger, President Courtney; Excused, 4--Devlin, Morrisette, Starr, Winters.
4/23(H) First reading. Referred to Speaker's desk.
4/25 Referred to Judiciary.
5/18 Public Hearing and Possible Work Session scheduled.
5/31 Work Session held.
6/28(S) In committee upon adjournment.

II. Other Bicycle Bills

SB 789 - Share the Road License Plates

*PASSED*

Net proceeds collected from plate surcharge to be directed into accounts designated by Bicycle Transportation Alliance and Cycle Oregon.

View Bill SB 789

Measure History:

SB 789 By Senator PROZANSKI; Senator ATKINSON, Representatives DINGFELDER, MACPHERSON, READ (at the request of Thomas Jefferson in memory of Jane Higdon) -- Relating to share the road registration plate.
3/5(S) Introduction and first reading. Referred to President's desk.
3/12 Referred to Business, Transportation and Workforce Development.
4/18 Public Hearing held.
4/30 Work Session held.
5/8 Recommendation: Do pass with amendments. (Printed A-Eng.)
5/9 Second reading.
5/10 Third reading. Carried by Prozanski. Passed.
Ayes, 22; Nays, 4--Beyer, Kruse, Schrader, Whitsett; Excused, 4--Atkinson, Deckert, George, G., Nelson.
5/11(H) First reading. Referred to Speaker's desk. Referred to Transportation.
5/23 Public Hearing and Work Session held.
5/29 Recommendation: Do pass.
5/30 Second reading.
5/31 Rules suspended. Carried over to June 1, 2007 Calendar.
6/1 Rules suspended. Carried over to June 4, 2007 Calendar.
6/4 Rules suspended. Carried over to June 5, 2007 Calendar.
6/5 Rules suspended. Carried over to June 6, 2007 Calendar.
6/6 Rules suspended. Carried over to June 7, 2007 Calendar.
6/7 Rules suspended. Carried over to June 8, 2007 Calendar.
6/8 Third reading. Carried by Read. Passed.
Ayes, 40; Nays, 6--Beyer, Gilliam, Nelson, Nolan, Schaufler, Whisnant; Excused, 9--Berger, Burley, Flores, Gilman, Macpherson, Maurer, Minnis, Morgan, Richardson; Excused for Business of the House, 5--Barnhart, Bruun, Butler, Olson, Rosenbaum.
6/13(S) President signed.
6/14(H) Speaker signed.
6/20(S) Governor signed. - 7-2 Chapter 520, 2007 Laws.

Effective date, January 1, 2008.


SB 729 – Brake Standard Update / Fixie Bill

*PASSED*

Sen. Jason Atkinson (R) of Grants Pass is an avid cyclists and fixie rider. He has contacted a number of cyclists in Portland to build support for a revision of ORS 815.280(a)(b), which says “A bicycle must be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.” Bicyclists have been citied and convicted for “not having a brake” when riding fix geared cyclists.

BTA Supports this concept and would have to Review a Proposed Law Change

Legislative History:

SB 729 By Senator ATKINSON; Senator DEVLIN -- Relating to bicycles.

2/28(S) Introduction and first reading. Referred to President's desk.
3/7 Referred to Judiciary.
3/27 Public Hearing and Work Session held.
4/2 Recommendation: Do pass.
Second reading.
4/3 Third reading. Carried by Atkinson. Passed.
Ayes, 22; Nays, 6--Beyer, George,, G., Kruse, Metsger, Nelson, Schrader; Excused, 2--Deckert, Prozanski.
4/4(H) First reading. Referred to Speaker's desk.
4/6 Referred to Judiciary.
5/16 Public Hearing and Work Session held.|
5/24 Recommendation: Do pass with amendments and be printed
A-Engrossed.
5/29 Second reading.
5/30 Rules suspended. Carried over to May 31, 2007 Calendar.
5/31 Rules suspended. Carried over to June 1, 2007 Calendar.
6/1 Rules suspended. Carried over to June 4, 2007 Calendar.
6/4 Rules suspended. Carried over to June 5, 2007 Calendar.
6/5 Third reading. Carried by Read. Passed.
Ayes, 41; Nays, 15--Butler, Dallum, Flores, Girod, Hanna, Lim, Maurer, Morgan, Nelson, Olson, Schaufler, Scott, Smith G., Smith P., Whisnant; Excused, 4--Boquist, Bruun, Burley, Richardson.
6/13(S) Motion to refuse to concur in House amendments carried by voice vote.
Senators Burdick, Chair, Atkinson, Beyer appointed Senate conferees.
6/18(H) Representatives Cameron, Macpherson, Read appointed House conferees.
6/19(S) Work Session held.
6/20 Conference Committee Recommendation: The Senate concur in House amendments dated 05-24 and A-Engrossed bill be further amended and repassed.
6/21(H) Conference Committee Report read in House.
6/22(S) Senate adopted Conference Committee Report and repassed bill.
Ayes, 23; Nays, 2--Beyer, Kruse; Absent, 4--Carter, Gordly, Schrader, Winters; Excused, 1--Metsger.Westlund, absent, granted unanimous consent to vote aye.
6/22(H) Rules suspended. House adopted Conference Committee Report.
Ayes, 29; Nays, 19--Barker, Boquist, Burley, Esquivel, Flores, Garrard, Gilliam, Girod, Hanna, Jenson, Krummel, Lim, Maurer, Morgan, Nelson, Richardson, Schaufler, Smith P., Thatcher; Absent, 2--Dallum, Minnis; Excused, 1--Whisnant; Excused for Business of the House, 9--Barnhart, Berger, Bruun, Butler, Gelser, Nolan, Olson, Rosenbaum, Witt.
Rules suspended. Repassed.
Ayes, 37; Nays, 20--Boquist, Bruun, Burley, Butler, Esquivel, Garrard, Gilman, Girod, Hanna, Jenson, Kotek, Krummel, Lim, Maurer, Morgan, Richardson, Schaufler, Scott, Smith G., Thatcher; Absent, 2--Dallum, Minnis; Excused, 1--Whisnant.
6/26(S) President signed.
6/27(H) Speaker signed.


SB 926 – Velodromes

*FAILED* - stuck in Ways and Means

This bill introduced by Senator Jason Atkinson would have earmarked $3.5 million of lottery funds to build a Velodrome in Southern Oregon; Portland quickly jumped on as was added to the bill. Sen. Prozanski added Eugene in committee and off to Ways and Means it wend, and there it never moved. We did however hold productive conversations with State Parks, discussing purchasing movable velodromes, bicycle racing, and bicycle recreation.


HB 2297 – Lowers speed limits on certain residential streets
*PASSED*

Representative Tomei’s bill to address neighborhood traffic safety:

  • Defines Narrow Residential Roadway, a two-way road that is in a residential area and not more than 18 feet wide at any point between intersections.
  • Defines the speed limit as 15 miles per hour.

HB 2297 By Representative TOMEI (Presession filed.) -- Relating to speed in residence districts.
1/9(H) First reading. Referred to Speaker's desk.
1/16 Referred to Transportation.
2/14 Public Hearing held.
3/14 Work Session held.
3/23 Recommendation: Do pass with amendments and be printed
A-Engrossed.
3/27 Second reading.
3/28 Rules suspended. Carried over to March 29, 2007 Calendar.
3/29 Third reading. Carried by Tomei. Passed.
Ayes, 44; Nays, 10--Boquist, Garrard, Krieger, Krummel, Morgan, Nelson, Olson, Richardson, Scott, Smith P.; Excused, 4--Boone, Esquivel, Minnis, Whisnant; Excused for Business of the House, 2--Cameron, Nathanson.
4/2(S) First reading. Referred to President's desk.
4/5 Referred to Business, Transportation and Workforce Development.
5/10 Public Hearing and Work Session held.
5/16 Recommendation: Do pass the A-Eng. bill.
Second reading.
5/17 Carried over to 05-18 by unanimous consent.
5/18 Third reading. Carried by Monnes Anderson. Passed.
Ayes, 17; Nays, 7--Beyer, Ferrioli, George, G., George, L., Kruse, Whitsett, Winters; Excused, 6--Atkinson, Carter, Morrisette, Nelson, Prozanski, Schrader.
6/4 President signed.
6/4(H) Speaker signed.
6/12 Governor signed.


HB 3020 – Memorial Signs

*FAILED* – stuck in Ways and Means Committee

This bill would have permitted families to purchase memorial signs in locations where bicyclists and pedestrians were killed on the roadway, only if motorists were convicted of a related offense.

The bill was referred to the budget committee, Ways and Means, where it sat and never saw the light of day again.

HB 3020 By Representative KRUMMEL; Representatives BOONE, BUCKLEY, CLEM, DINGFELDER, GILMAN, GREENLICK, MACPHERSON, READ, SHIELDS, G SMITH, TOMEI, Senators L GEORGE, PROZANSKI (at the request of Lorna Kautzky in memory of Eric Kautzky) -- Relating to roadside memorial signs.

Measure History:

3/5(H) First reading. Referred to Speaker's desk.
3/9 Referred to Transportation with subsequent referral to Ways and Means.
4/11 Public Hearing held.
4/27 Public Hearing and Work Session held.
5/10 Recommendation: Do pass and be referred to Ways and Means by prior reference.
Referred to Ways and Means by prior reference.
6/23 Motion to withdraw from Ways and Means failed.
Ayes, 26; Nays, 31--Barker, Barnhart, Beyer, Bonamici, Boone, Buckley, Cannon, Clem, Cowan, Dingfelder, Edwards C., Edwards D., Galizio, Gelser, Greenlick, Holvey, Hunt, Komp, Kotek, Macpherson, Nathanson, Nolan, Read, Riley, Roblan, Rosenbaum, Schaufler, Shields, Tomei, Witt, Mr. Speaker; Absent, 1--Morgan; Excused, 2--Smith P., Thatcher.

 

III. Relevant Appointments

State Parks Commission: Jay Graves, Bike Gallery
*APPOINTED*

Parks and Recreation Commission, State (ORS 390.114)
Graves, Jay - Portland
Term: 4 Year 7/1/07 - 6/30/11
5/18 Introduction and first reading. Referred to President's desk.
5/18 Referred to Rules.
6/8 Hearing held.
6/12 Recommendation: Be confirmed.
6/13 Rules suspended. Confirmed en bloc.
Ayes, 25; Nays, 2--Atkinson, Beyer; Excused, 3--Bates, Burdick, Schrader.


IV. Other Info

Roll and Go at Stop Signs

A bill to permit cyclists to roll and go at stop signs may be introduced in 2007. In 2003 HB 2768 passed the House, it would have permitted cyclists to proceed “without stopping if the person slows the bicycle to a safe speed” at stop signs.

BTA Supports this concept and would have to Review a Proposed Law Change

Measure history:

NO BILL IN 2007
Connect Oregon II

In 2005 the Legislature passed a bill that boned $100 million of lottery funds for multi-modal transportation projects that included transit but not non-motorized transportation modes.

The BTA Support a Connect Oregon II that includes funding for Non-Motorized Transportation that supports economic development.

Measure 37

In 2004 voters approved Measure 37 that allows certain property owners to sue the state or local community over land use plans that designated certain uses. In recent months claims have skyrocketed to the point that local communities can not process the claims. Also timber companies are seeking to sell-off huge chunks of forest for sprawl development that would drastically increase transportation and public services costs.

The BTA Supports 1000 Friends of Oregon proposal to suspend Measure 37 for a limited period of time to allow for a reevaluation of the claims based on parcel size and so that locals can process claims.

Transportation Background and Priorities  - Oregon Conservation Network