HOUSE COMMITTEE ON TRANSPORTATION

 

 

March 26, 2003   Hearing Room 357

8:30 AM Tapes  58 - 59

 

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 2986 – Work Session

                                                HB 3522 – Public Hearing and Work Session

                                                HB 3001 – 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 58, A

003

Chair Brown

Calls the meeting to order at 8:35 a.m., and opens a public hearing on HB 2986.

HB 2986 – PUBLIC HEARING

010

Janet Adkins

Committee Administrator. Offers a description of HB 2986, and presents written testimony regarding HB 2986 from the Oregon Academy of Ophthalmology (EXHIBIT A), and from Oregon Optometric Physicians Association (EXHIBIT B).

040

Lorna Youngs

Division of Motor Vehicles (DMV). Offers written document: Oregon’s Medically At-Risk Driver Program (EXHIBIT C) regarding HB 2986.

255

Rep. Greenlick

Asks how disorders which are not evident are disclosed or reported.

265

Youngs

Explains that this is an issue which is still being worked out, but discusses the possibilities.

285

Rep. Dingfelder

Asks what the magnitude of the problem is currently.

290

Youngs

Explains that she does not currently have that information, but guesses that thousands would be affected each year. Discusses the attempts to phase in the new rule gradually.

335

Rep. Dingfelder

Asks whether the changes proposed by the bill could be accomplished through rule rather than through legislation.

345

Youngs

Explains that the DMV does not have the authority to enact such rule.

350

Rep. Greenlick

Clarifies that they could not make if voluntary rather than compulsory.

352

Youngs

Explains the DMV could not make the rule either way, and the matter is rather a policy decision for the legislature.

355

Rep. Zauner

Clarifies that currently nobody is reporting under previous legislation.

360

Youngs

Explains that there is currently no reporting as such.

370

Rep. Zauner

Asks whether the original bill is mandatory.

375

Youngs

Explains that it is not the intent of the DMV to make compliance voluntary, but to make it mandatory.

380

Rep. Zauner

Asks whether making compliance voluntary would cause doctors report.

385

Youngs

Indicates that she does not know, but expresses concern if this were the case.

400

Rep. Beyer

Expresses constituent concerns that enacting such regulations would cause those in need of medical attention to not seek help for fear of losing driving privileges.

405

Youngs

Addresses those concerns of people avoiding medical attention to avoid loss of driving privileges.

TAPE 59, A

015

Chair Brown

Refers to a constituents case where the constituent lost driving privileges due to loss of consciousness.

025

Youngs

Addresses the specific case and describes how that case was affected by current regulations.

045

Chair Brown

Refers to another constituents complaint where an elder gentleman lost driving privileges due to family complaints.

055

Youngs

Explains that this case would fall under the voluntary reporting options.

065

Tim Martinez

Oregon Medical Association. Offers testimony regarding HB 2986.

115

Grant Higginson

State Public Health Officer. Offers testimony regarding HB 2986.

180

Rep. Greenlick

Explains that there are two relevant issues: the voluntary reporting issue, and the liability issue. Points out that these issues should not be confused.

200

Martinez

Explains that it would be possible to separate the two issues, and discusses the difference between the two issues.

215

Rep. Mabrey

Discusses his view that there would be no difference in reporting whether the it was voluntary or mandatory.

240

Higginson

Addresses the difference between mandatory and voluntary reporting.

280

Martinez

Points out that this law would apply to everyone in the medical community, and there are those in the field who should be afforded some discretion.

300

Rep. Gilman

Asks how much paper work would be required if reporting were mandatory, and expresses that the burden placed on the doctors would be great if reporting were mandatory.

320

Higginson

Explains that the Oregon Department of Transportation would need to address the amount of paperwork required, but discusses the issues regarding reporting.

370

Rep. Zauner

Asks if there are any restrictions as to who can report to the DMV regarding unsafe driving.

375

Youngs

Discusses who can report, indicating that the DMV holds all reports confidential.

TAPE 58, B

005

Chair Brown

Clarifies that there will be amendments to the bill. Closes the public hearing on HB 2986, and opens a public hearing on HB 3522.

HB 3522 – PUBLIC HEARING

010

Janet Adkins

Committee Administrator. Offers a description of HB 3522.

020

Rep. Johnson

House District 31. Offers testimony in support of HB 5322, and defers to Mr. Loring.

040

Martin Loring

Oregon Department of Transportation, Public Transit Division. Offers written testimony (EXHIBIT D) in support of HB 3522.

090

Rep. Johnson

Concurs with Mr. Loring’s take on the bill, and points out that the bill would create a tool for the Oregon Department of Transportation to work with local governments regarding elder transportation.

100

Chair Brown

Clarifies that once the money gets to the county there is opportunity to use it for another purpose.

105

Rep. Johnson

Refers to a situation in Columbia County where this seemed to be an issue.

125

Rep. Zauner

Asks whether anyone would be opposed to the bill.

130

Rep. Johnson

Explains that she is unaware of any opposition to the bill, but she is willing to work with any of those groups which may have concerns.

135

Mary Lou Ritter

Area Agency on Aging and Disability in Washington County. Offers testimony regarding HB 3522.

185

Chair Brown

Closes the public hearing on HB 3522, and opens a work session on HB 3522.

HB 3522 – WORK SESSION

190

Rep. Beyer

MOTION:  Moves HB 3522 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

195

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

200

Chair Brown

Closes the work session on HB 3522, and opens a work session on HB 3001.

HB 3001 – WORK SESSION

215

Janet Adkins

Committee Administrator. Offers a description of HB 3001, the proposed -1 amendment (EXHIBIT E), and the proposed -3 amendment (EXHIBIT F) .

350

Rep. Greenlick

Clarifies specific wording in the bill and in the amendments.

355

Adkins

Discusses the reason for that language.

270

Chair Brown

Clarifies that ODOT would have authority over any and all of the corridors.

275

Troy Costales

Oregon Department of Transportation. Offers testimony explaining the proposed -3 amendments.

285

Chair Brown

Asks how ODOT would decide which corridors to double fine.

290

Costales

Explains the process for deciding such corridors.

300

Chair Brown

Asks whether the bill with the amendments would allow ODOT to alter the existing double fine corridors.

305

Costales

Explains it is his perception of the amendments that it would not require the department to change those already designated corridors.

310

Rep. Beyer

Asks whether by allowing ODOT this option, a revenue impact would occur.

315

Costales

Explains that there would be little potential fiscal impact and explains that the cost of signage would run around $15,000, but there would be no fiscal impact statement issued because the bill would not mandate action to ODOT but allow ODOT to have the option.

340

Chair Brown

Asks if Mr. Costales has an idea of which corridors the ODOT would alter under this bill.

345

Costales

Points out that he will leave a report (EXHIBIT G) with committee staff regarding the state of current safety corridors.

450

Rep. Greenlick

MOTION:  Moves to ADOPT HB 3001-3 amendments dated 03/25/03.

455

 

VOTE:  7-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

460

Rep. Dingfelder

MOTION:  Moves HB 3001 to the floor with a DO PASS AS AMENDED recommendation.

470

 

VOTE:  7-0

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

 

Chair Brown

The motion CARRIES.

GREENLICK will lead discussion on the floor.

480

Chair Brown

Closes the work session on HB 3001.

485

Committee

Discusses the upcoming schedule for the committee.

490

Chair Brown

Adjourns the meeting at 10:01 a.m.

The following prepared testimony is submitted for the record without public testimony for HB 3001.

 

Larry Christianson

Submits written testimony (EXHIBIT H).

 

 

EXHIBIT SUMMARY

 

A – HB 2986, written testimony, Staff, 1 p.

B – HB 2986, written testimony, Staff, 1 p.

C – HB 2986, Oregon’s medically At-Risk Driver Program, Lorna Youngs, 9 pp.

D – HB 3522, written testimony, Martin Loring, 2 pp.

E – HB 3001, -1 amendment, Staff, 1 p.

F – HB 3001, -3 amendment, Staff, 2pp.

G – HB 3001, Salem to Woodburn Safety Corridor, Troy Costales, 1 p.

H – HB 3001, written testimony, Larry Christianson, 17 pp.