HOUSE COMMITTEE ON TRANSPORTATION

 

 

February 14, 2003   Hearing Room 357

9:00 a.m. Tapes  23 - 24

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

Rep. Elizabeth Beyer, Vice-Chair

Rep. John Mabrey Vice-Chair

Rep. Jackie Dingfelder

Rep. George Gilman

Rep. Mitch Greenlick

Rep. Cliff Zauner

 

STAFF PRESENT:                  Janet Adkins, Administrator

Ryan Sherlock, Assistant

 

 

MEASURE/ISSUES HEARD:            HB 2393 – Public Hearing

                                                HB 2338 – 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.

 

TAPE/#

Speaker

Comments

Tape 23, A

003

Chair Brown

Calls the meeting to order at 9:01 a.m., and opens a public hearing on HB 2393.

HB 2393 – PUBLIC HEARING

010

Janet Adkins

Committee Administrator. Offers a description of HB 2393.

040

Rep. Vicki Berger

Offers testimony in support of HB 2393.

045

Rep. Vic Backlund

Offers testimony in support of HB 2393.

070

Matt Hobson

Offers written testimony (EXHIBIT A) in support of HB 2393.

095

Chair Brown

Thanks Mr. Hobson for his testimony.

100

Joe Hobson Jr.

Offers written testimony (EXHIBIT B) in support of HB 2393. Makes reference to specific changes proposed by HB 2393, and offers reasoning for these changes.

150

Rep. Zauner

Asks about Matt Hobson’s initial reaction to being denied a drivers license.

152

M. Hobson

Explains that he talked to his father and grandfather, and then they all talked to Representatives Berger and Backlund.

160

Rep. Beyer

Asks Matt Hobson if he considered any differences in driving conditions and laws between Arkansas and Oregon.

165

M. Hobson

Discusses the similarities in driving conditions and laws between the two states.

185

Rep. Beyer

Asks whether there should be any recognition given to local driving conditions that a young driver from outside the state might not have experienced.

190

M. Hobson

Observes that someone learning to drive in Oregon would not necessarily have experienced every Oregon driving condition in the six months of the initial driving permit period.

200

Joe Hobson Jr.

Offers testimony in support of HB 2393.

235

Chair Brown

Explains personal experience about Arkansas, asks about specific permit requirements in Arkansas.

240

M. Hobson

Recalls that Arkansas is attempting to pass a graduated drivers license, and further discusses Arkansas requirements.

255

J. Hobson Jr.

Further explains the requirements in Arkansas.

265

J. Hobson Sr.

Addresses Rep. Beyer’s concerns regarding driving conditions and training from state to state.

275

Rep. Greenlick

Discusses the lesson to be learned from Mr. Hobson’s experience.

300

Troy Costales

Oregon Department of Transportation, Safety Division. Offers written testimony (EXHIBIT C) regarding HB 2393. Discusses the difference between driving rules between states.

400

Rep. Greenlick

References page three of Mr. Costales’ presented exhibit, clarifying that the changes expressed in HB 2393 would only affect the first requirement listed on the page.

405

Costales

Acknowledges that the proposed bill affects only that line.

415

Rep. Greenlick

Asks if the Oregon Department of Transportation (ODOT) is in opposition to HB 2393.

425

Costales

Explains that the Transportation Commission has not voted on the particular bill, but expresses the departments concerns with the bill.

435

Rep. Dingfelder

Asks how many applicants this bill would affect each year, and clarifies that currently those affected are required to obtain an Oregon drivers permit and wait the obligatory six months.

450

Costales

Offers a guess of about 200 applicants a year. Elaborates on the Division of Motor Vehicles policy regarding these situations.

TAPE 24, A

040

Rep. Beyer

Asks if the changes proposed by HB 2393 are currently apart of any other state laws.

045

Costales

Explains that he does not know the answer to the question at this time.

050

Rep. Greenlick

Clarifies that in order to get a learners permit in Oregon it is required to pass a written test, and one of the concerns of ODOT is that those coming with learners permits from out-of-state circumvent this requirement.

055

Costales

Concurs.

057

Rep. Greenlick

Asks if ODOT would be more supportive of the bill if there was an amendment fixing this problem.

060

Costales

Discusses the requirements and process concerns regarding the bill; the circumvention of the written test, the amount of time required to have a permit either from Oregon or Arkansas, and that HB 2393 would require Oregon to recognize drivers permits from Canada and Mexico.

070

Rep. Zauner

Discusses the demand for drivers education, and questions how individuals in rural areas are able to access the tests required by the state.

075

Costales

Explains the requirements to move from the drivers permit to a drivers license.

085

Rep. Zauner

Asks how the number of hours driven is verified.

087

Costales

Explains that there is a verification which his signed by the parent or guardian.

090

Rep. Zauner

Clarifies that if this information is falsified there are repercussions.

092

Costales

Acknowledges that there are penalties for giving false information.

095

Rep. Mabrey

Clarifies that a young person from another state (where requirements are less stringent), who has had their drivers license for only two weeks, can freely obtain an Oregon drivers license.

105

Costales

Acknowledges the point, and discusses the requirements such an individual would need to pass in Oregon.

110

Rep. Mabrey

Points out that an individual in such a circumstance would not have prior knowledge of Oregon driving laws, while a young person with a drivers permit may be denied a license.

115

Costales

Acknowledges the point.

117

Rep. Greenlick

Refers to specific wording in the current statute which indicates that an individual from out of state would be required to take a written test.

125

Costales

Explains that there are two tests a driver must pass, and only one is avoided when a person comes from out of state with a drivers permit.

135

Rep. Greenlick

Asks which test this situation would avoid.

137

Costales

Explains which test is avoided, indicating that it would be the initial test.

140

Rep. Greenlick

Clarifies that those applying for a permit take a test not covered by statute.

145

Chair Brown

Points out that the bill is only scheduled for a public hearing for the current meeting, and that Kelly Taylor from the Oregon Department of Transportation, Division of Motor Vehicles, could be called upon at a future meeting to better qualify.

146

Costales

Concurs with the Chair, recommending the committee obtain specifics from Ms. Taylor.

150

Chair Brown

Thanks Mr. Costales for his testimony, and reiterates that the bill will have a later work session.

155

Rep. Greenlick

Addresses his concern regarding the bill, and the possibility of an amendment to address those concerns.

160

Chair Brown

Closes the public hearing on HB 2393, and opens a public hearing on HB 2338.

 

HB 2338 – PUBLIC HEARING

170

Janet Adkins

Committee Administrator. Offers description of HB 2338, and clarifies specific language in the bill.

195

Rep. Greenlick

Asks who ruled that the open bed of a pickup truck is not an external part of that vehicle.

200

Adkins

Explains that she does not know who ruled the point, but indicates she will find out and get back to the members.

205

Rep. Shetterly

Offers written testimony (EXHIBIT D) in support of HB 2338, with reference to submitted written testimony from Albert Kreitz (EXHIBIT E) and the proposed -2 Amendment (EXHIBIT F).

430

Chair Brown

Points out his support for the bill, and appreciation for Rep. Shetterly’s efforts regarding the topic.

TAPE 23, B

005

Rep. Greenlick

Asks how the open bed of a pickup could not be considered an external part of a vehicle.

010

Rep. Shetterly

Recalls opinions from Legislative Counsel and Oregon Department of Transportation identifying the truck bed as internal, while offering an explanation for what is considered external.

025

Rep. Dingfelder

Clarifies line 14 of the proposed bill still allows for minors in the back of a pickup.

030

Rep. Shetterly

Offers further explanation of the exemptions, and the -2 amendment.

060

Rep. Zauner

Asks if anyone is opposed to the bill as currently written.

065

Rep. Shetterly

Discusses opposition to the bill as currently written and subsequent reasoning for the -2 amendment.

080

James Lace M.D.

Oregon Medical Association. Offers written testimony (EXHIBIT G) in support of HB 2338.

135

Rep. Beyer

Asks Rep. Shetterly whether the proposed bill affects pickups with canopies.

140

Rep. Shetterly

Explains that he does not think a canopy is considered an open bed.

150

Lisa Millet

Oregon Department of Human Services, Health Services. Offers written testimony (EXHIBIT H) in support of HB 2338.

200

Al Elkins

Oregon Hunters Association. Offers testimony regarding HB 2338, and asks for clarification of specific wording in the bill, line 14.

 

Rep. Shetterly

Explains the intent of language questioned by Mr. Elkins, line 14 intends to give priority seatbelt seating to minors.

235

Elkins

Indicates his group’s problems with line 21 of the bill, and line 23 of the bill, and expresses some of the concerns fishing groups might have with the bill.

270

Chair Brown

Points out the intent to only hold a public hearing, with a work session to be scheduled.

290

Carla Levinski

Oregon Department of Transportation, Safety Belt Program Manager. Offers written testimony (EXHIBIT I) in support of HB 2338.

365

Chair Brown

Asks if there are workplace rules pertaining to agriculture which prohibit this type of activity.

370

Levinski

Defers the question to Rep. Shetterly.

375

Rep. Shetterly

Refers to presented Exhibit D, which outlines such rules.

390

Chair Brown

Clarifies that with such rules the proposed issue is enforcement.

395

Rep. Shetterly

Agrees with further discussion.

410

Rep. Dingfelder

Clarifies that the proposed bill applies only to the highway.

415

Rep. Shetterly

Explains that the proposed bill applies to all publicly accessed roads, but does not apply to private roads and property.

420

Rep. Dingfelder

Clarifies then that the amendment does not apply to private land.

425

Rep. Shetterly

Concurs.

430

Rep. Greenlick

Clarifies Ms. Levinski’s earlier statement that three of four who are thrown from the vehicle during an accident die.

435

Levinski

Concurs.

440

Chair Brown

Asks if the -1 amendment (EXHIBIT J) is from her office or Rep. Shetterly.

445

Rep. Shetterly

Explains that the -1 amendment is from his office at the request of the Oregon Department of Transportation.

TAPE 24, B

050

Joanne Fairchild

Trauma Nurse Coordinator/Injury Prevention. Offers written testimony (EXHIBIT K) in support of HB 2338.

080

Rep. Greenlick

Comments that while sympathetic to the issue, he is skeptic of the earlier mentioned statistic of three in four.

085

Fairchild

Indicates she will provide further evidence of this statistic.

090

Rep. Beyer

Asks how many states have laws against riding in the back of a pickup.

092

Levinski

Refers to handout (EXHIBIT L) detailing which states currently have such laws.

100

Dale Staib

Philomath Fire and Rescue, Fire Chief. Offers testimony in support of HB 2338, including personal experience responding to car accidents involving children riding in the bed of a pickup. 

145

Chair Brown

Commends Mr. Staib for his testimony, and for his volunteer efforts with the fire department.

155

Adkins

Points out the State Pickup Truck Laws handout from the National Conference of State Legislatures.

160

Katie Fast

Offers testimony regarding the -2 amendment, questioning who is covered by the amendment.

175

Rep. Dingfelder

Clarifies that Ms. Fast prefers the existing language of the measure.

180

Fast

Elaborates on her concerns.

195

Rep. Beyer

Asks for statistics regarding injuries involving farm related accidents.

200

Fast

States that she does not currently have those statistics, but will attempt to obtain them for the committee.

205

Jean Wilkinson

Oregon Farm Bureau. Offers testimony regarding HB 2338. Indicates her interest in working with Rep. Shetterly regarding the bill, and expresses her concerns regarding the adoption of the bill. Discusses her personal experience with having children in the back of pickups.

240

Rep. Greenlick

Questions Ms. Wilkinson’s differentiation, regarding the safety of children riding in the back of pickups in different situations.

250

Wilkinson

Explains her perception of the difference in safety.

260

Rep. Greenlick

Refers to testimony indicating that more accidents occur on secondary roads than on highways, asks if Ms. Wilkinson would change her perception of safety if presented with such statistics.  

265

Wilkinson

Observes that she would have to see the statistics and think about the issue before changing her current views, but indicates her support for a distance standard, or limitation on speed of the vehicle.

280

Chair Brown

Clarifies that she then would support the -1 amendment with such provision.

285

Wilkinson

Indicates that she would need to see how the amendment affects the current bill.

290

Chair Brown

Closes the public hearing on HB 2338, and adjourns the meeting at 10:42 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2393, written testimony, Matt Hobson, 1 p.

B – HB 2393, written testimony, Joe Hobson Sr., 1 p.

C – HB 2393, written testimony, Troy Costales, 4 pp.

D – HB 2338, written testimony, Rep. Lane Shetterly, 10 pp.

E – HB 2338, written testimony, Albert Kreitz, 1 p.

F – HB 2338, -2 amendment, Rep. Lane Shetterly, 1 p.

G – HB 2338, written testimony, James Lace, 2 pp.

H – HB 2338, written testimony, Lisa Millet, 2 pp.

I – HB 2338, written testimony, Troy Costales, 2 pp.

J – HB 2338, -1 amendment, Rep. Lane Shetterly, 1 p.

K – HB 2338, written testimony, Joanne, Fairchild, 3 pp.

L – HB 2338, State Pickup Truck Laws, Staff, 4 pp.