HOUSE COMMITTEE ON TRANSPORTATION

 

 

May 05, 2003 Hearing Room 357

8:30 AM Tapes  98 – 100

 

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:            SB 289A – Public Hearing and Work Session            

                                                SB 471A – Public Hearing

                                                SB 183 – 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 98, A

003

Chair Brown

Calls meeting to order at 8:37 a.m., and opens a public hearing on SB 289A.

SB 289A – PUBLIC HEARING

005

Sen. Atkinson

Senate District 2. Introduces himself and offers a brief history of the bill, indicating his support for the bill.

020

Sen. Courtney

Senate District 11. Introduces himself, indicates his support for the bill, and defers to Mr. Mathews.

030

Aaron Mathews

Grants Pass, Oregon. Offers a brief history of himself and his condition. Offers testimony in support of SB 289 A.

110

Sen. Courtney

Enters into record written testimony (EXHIBIT A) from Marla Runyan, in support of SB 289 with reference to news article (EXHIBIT B).

160

Sen. Atkinson

Offers further testimony in support of SB 289.

205

Rep. Greenlick

Asks Mr. Mathews about the bi-optic lenses used for driving.

210

Mathews

Describes the use of the lenses during driving.

215

Rep. Greenlick

Asks about Mr. Mathews’ ability to play basketball with his condition.

220

Mathews

Comments on his ability to play without any problems.

225

Sen. Atkinson

Offers analogy for the use of the bi-optic lenses.

235

Rep. Beyer

Asks whether the insurance companies have had any input into the issue.

240

Sen. Courtney

Indicates that he does not recall whether the insurance companies have been involved.

245

Rep. Zauner

Asks about the forty five mph speed limit.

250

Mathews

Explains that the speed limitation would just provide an extra layer of safety.

255

Sen. Courtney

Points out the example of Ms. Runyan, and similar speed limits in other states.

265

Rep. Mabrey

Asks about the use of peripheral vision.

270

Mathews

Describes his use of peripheral vision.

275

Rep. Mabrey

Asks whether the use of the bi-optic lens improves Mr. Mathews vision to 20-70.

280

Mathews

Explains that the corrective lens improves his vision to 20-40.

285

Chair Brown

Asks whether Mr. Mathews wears contacts.

286

Mathews

Explains that he does not because his condition is a non-corrective disease.

290

Rep. Dingfelder

Asks why there would be a restriction for driving at night.

295

Mathews

Explains that they were attempting to avoid possible loss of visibility due to darkness.

300

Wayne Schumacker

Oregon Optometric Physicians Association. Offers written testimony (EXHIBIT C) in support of SB 289 A.

395

Rep. Zauner

Asks how many people in Oregon would utilize this law.

400

Schumacker

Explains that there could be anywhere from 100 to 200 people.

405

Rep. Greenlick

Clarifies the contribution to society from those with vision impairments.

TAPE 99, A

005

Kelly Taylor

Oregon Department of Transportation, Division of Motor Vehicles. Offers written testimony (EXHIBIT D) regarding SB 289 A.

040

Janet Adkins

Committee Administrator. Asks about the process for obtaining the license.

045

Taylor

Discusses the process for obtaining the license.

085

Rep. Dingfelder

Asks what the cost of the program would be, and who bears the cost.

090

Taylor

Explains that the extra charge would assessed by the provider of the screening.

095

Rep. Dingfelder

Asks about those who would be able to provide the service.

096

Taylor

Discusses those who would provide the service.

100

Rep. Greenlick

Clarifies those who would be able to utilize the law.

105

Schumacker

Comments on who would be able to use the law.

110

Rep. Greenlick

Comments on the difference between those with differing optical problems.

115

Schumacker

Discusses those differences in conditions, and clarifies the use of the bi-optic device.

135

Rep. Gilman

Clarifies how the corrective device operates.

145

Schumacker

Further discusses the operation of the corrective device.

155

Taylor

Expresses ODOT’s concern regarding the use and function of the device.

160

Rep. Gilman

Asks why the bar has been raised so high.

165

Schumacker

Discusses the vision test and the requirements for passing such a test.

170

Chair Brown

Asks how those with 22/100 vision see objects.

175

Schumacker

Discusses and attempts to offer an example for how those individuals view objects.

195

Rep. Mabrey

Refers to earlier testimony, clarifies the peripheral vision issue.

210

Schumacker

Discuses Mr. Mathews particular condition, and further discusses the use of peripheral vision.

225

Rep. Greenlick

Points out that Mr. Mathews is able to compensate, but asks why those like Mr. Mathews are not separated from those with worse vision.

240

Schumacker

Discusses the process which these individuals must go through to ensure that they are a safe driver.

245

Rep. Greenlick

Clarifies that this would mean professional certification.

250

Schumacker

Acknowledges.

255

Chair Brown

Clarifies that these individuals, due to the 45 mph speed limit, would be largely limited to urban areas.

256

Taylor

Acknowledges.

260

Rep. Beyer

Asks about the example of Marla Runyan, and the similar law in California.

265

Taylor

Discusses the restrictions in other states.

275

Chair Brown

Closes the public hearing on SB 289A, and opens a work session on SB 289A.

SB 289A – WORK SESSION

280

Rep. Greenlick

MOTION:  Moves SB 289A to the floor with a DO PASS recommendation.

285

Rep. Beyer

Expresses her concerns regarding, and intent to vote No on, the bill.

290

Rep. Gilman

Points out his concerns but intent to vote Aye on the bill.

295

Chair Brown

Discusses his initial concerns for the bill, but how his concerns have been alleviated.

300

Rep. Greenlick

Expresses the need to allow those like Mr. Mathews to have opportunity to operate normally in society, points out the need to rely on the vision specialists to help screen those that might utilize the law.

305

 

VOTE:  6-1

AYE:               6 - Dingfelder, Gilman, Greenlick, Mabrey, Zauner, Brown

NAY:               1 - Beyer

 

Chair Brown

The motion CARRIES.

REP. GREENLICK will lead discussion on the floor.

310

Chair Brown

Closes the work session on SB 289A, and opens a public hearing on SB 471A.

SB 471A – PUBLIC HEARING

315

Janet Adkins

Committee Administrator. Offers a description of SB 471A.

325

Bob Russell

Oregon Trucking Association. Introduces a video; “Bad Movers,” (Nightline, NBC, 10:00 p.m. January 17th 2003).

TAPE 98, B

060

Russell

Introduces Mr. Reynolds.

070

Jason Reynolds

Oregon Consumer League. Offers written testimony (EXHIBIT E) in support of SB 471 A.

090

Bob Russell

Offers written testimony (EXHIBIT F) in support of SB 471 A.

170

Rep. Mabrey

Clarifies that the bill would not correct the problem used as an example in Mr. Russell’s written testimony because it dealt with interstate commerce.

175

Russell

Refers to an Attorney General (AG) decision regarding that example, which gives the state jurisdiction.

180

Rep. Mabrey

Clarifies that while the bill would only regulate pack-and-loaders.

185

Russell

Points out there are already regulations which deal with the haulers.

187

Rep. Mabrey

Asks for a clarification regarding the Senate vote on this issue.

190

Russell

Discusses the vote on the Senate side, and points out that the committee vote was unanimous. Further discusses the issues resolved on the Senate side.

210

Rep. Dingfelder

Asks for a clarification of the fee structure.

220

Russell

Explains that the fee has a cap of $100 for pack and loaders, and further discusses the fee structure.

235

Rep. Dingfelder

Asks for a clarification of specific wording in the bill.

240

Russell

Discusses the wording in question.

242

Rep. Dingfelder

Asks whether Mr. Russell’s group would have to pay the proposed fees.

245

Russell

Explains that some of his group operated pack-and-load businesses, and they would be responsible for paying the fee.

250

Rep. Dingfelder

Clarifies the process for deciding on the registration fee.

255

Russell

Explains that initially there will be more costs associated with registration.

260

Janet Adkins

Committee Administrator. Asks what options there are for customers of licensed and unlicensed pack-and-loaders.

265

Reynolds

Addresses the example offered by Ms. Adkins.

280

Rep. Zauner

Asks where the company in the video weighed their trucks.

285

Russell

Comments on the various ways he has seen weighing tickets forged.

305

Reynolds

Points out that weight always seems to double or triple the bill.

310

Adkins

Asks how the bill excludes regulating friends who might help an individual move.

315

Russell

Indicates the language in the bill which defines pack-and-load operations as those which “are in the business.”

330

Richard Burke

Libertarian Party of Oregon, Executive Party of Oregon. Offers testimony in opposition to SB 471A.

390

Rep. Greenlick

Clarifies where Mr. Burke’s presented figures come from.

395

Burke

Indicates the location in the bill where the figures come from.

TAPE 99, B

030

Rep. Dingfelder

Asks what Mr. Burke’s suggestion would be for closing the possible loophole.

035

Burke

Indicates his request for an amendment to be drafted regarding this issue. Continues with testimony in opposition to SB 471 A.

080

Rep. Beyer

Asks about the regulations currently imposed on the small packing companies.

085

Burke

Discusses the regulation issues.

090

Rep. Beyer

Asks what kinds of consumer protections the state of Washington currently implements.

095

Burke

Indicates that he does not know the specific protections.

100

Rep. Beyer

Asks whether in the amendment there is a requirement for a written contract.

1025

Burke

Indicates that if there is not such a requirement, he would be happy to insert one into his amendment.

107

Rep. Beyer

Asks whether under current law, there is a requirement for a written contract.

110

Burke

Indicates that he does not know.

115

Rep. Dingfelder

Asks that Mr. Russell be able to address a question of hers, asks Mr. Russell to comment on the proposal of Mr. Burke.

120

Russell

Discusses his perception of the proposals put forth by Mr. Burke.

140

Rep. Greenlick

Asks about the possible exemption for small movers.

150

Russell

Discusses the exemption issues.

155

Rep. Greenlick

Clarifies the definition of the small movers.

160

Russell

Acknowledges.

165

Rep. Greenlick

Further clarifies the definition of small movers and the exemption for these businesses.

170

Russell

Acknowledges.

172

Rep. Beyer

Asks if Mr. Russell could discuss the regulations in Washington state.

175

Russell

Discusses those regulations in Washington state.

185

Rep. Beyer

Asks about Mr. Burkes’ testimony under this added regulation, some small movers would relocate to Washington state in order to avoid the regulations.

190

Russell

Explains that no matter where the company is located, they would still be held to the regulation if they operated in the state of Oregon.

195

Chair Brown

Closes the public hearing on SB 471A, and opens a work session on SB 183.

SB 183 – WORK SESSION

200

Rep. Miller

House District 37. Offers written testimony (EXHIBIT G) in support of SB 183, and the proposed -3 amendments (EXHIBIT H).

245

Rep. Greenlick

Asks Rep. Miller to discuss the reasoning behind the “Basic Rule.”

250

Rep. Miller

Comments on the reasoning for the “Basic Rule.”

300

Rep. Greenlick

Indicates his continued concern for the “Basic Rule.”

305

Rep. Miller

Discusses the common sense function of the bill.

330

Rep. Dingfelder

Comments on the differing perceptions of “reasonability,” and asks how “reasonable” is to be defined.

365

Rep. Miller

Comments on the issue of perception and “reasonable.” Comments on the reasonability in reference to traffic regulations and the basic rule.

TAPE 100, A

010

Rep. Mabrey

Clarifies that the police officer would still be able to determine what speed the conditions allow.

015

Rep. Miller

Concurs with Rep. Mabrey. Points out that the “Basic Rule” works in both ways, and can limit the “reasonable” speed to below the posted limit.

025

Rep. Mabrey

Points out that in the past there was a lot of credence given to the opinion of the ticket issuing officer. Asks whether the same credence would still be allowed.

035

Rep. Miller

Discusses the issues regarding “reasonability.”

045

Rep. Beyer

Refers to complaints from Judges regarding those laws which limit their ability to do their jobs.

055

Rep. Miller

Points out that not many citations are argued in court, and expresses doubt that this bill would increase that number.

070

Rep. Greenlick

Points out that the issue regards human psychology, and those who are driving unsafely are under the impression that they are driving safely. Further discusses the issues regarding the “Basic Rule.”

130

Rep. Miller

Comments on the issues raised by Rep. Greenlick, pointing out the ability of individuals to decide what is safe.

160

Rep. Greenlick

Clarifies the effects of the amendments, asks whether Rep. Miller is OK with speed limits in cities.

165

Rep. Miller

Comments on the limits in cities and the use of the basic rule within cites.

180

Rep. Greenlick

Further clarifies the intent of the amendments.

185

Janet Adkins

Discusses the speed limit jurisdictions.

190

Rep. Greenlick

Comments on the debate at hand.

195

Rep. Mabrey

MOTION:  Moves to ADOPT SB 183-3 amendments dated 05/05/03.

200

Rep. Beyer

Expresses her support for the bill as written, and intent to vote No on adopting the -3 amendments.

205

Committee

Discusses the debate over the -3 amendments.

215

Rep. Mabrey

WITHDRAWS the motion to adopt the -3 amendments to SB 183.

225

Rep. Greenlick

Clarifies his concerns regarding the “Basic Rule.”

240

Gary Miller

Oregon State Police. Discusses the issue of the “Basic Rule” on the interstate.

245

Rep. Beyer

Asks Mr. Costales to address the -3 amendments.

250

Troy Costales

Oregon Department of Transportation. Explains that he has not seen the -3 amendments.

255

Rep. Beyer

Clarifies that she would like Mr. Costales to address the -3 amendments after he has had the chance to review the amendments.

260

Richard Burke

Libertarian Party of Oregon. Offers testimony in support of the -3 amendments to SB 183.

310

Chair Brown

Expresses his intention to wait for the conflict amendments before taking action on the bill. Closes the work session on SB 183.

315

Rep. Dingfelder

Offers into the record submitted news article (EXHIBIT I) which deals with the issue of handicap parking abuse.

320

Chair Brown

Adjourns the meeting at 10:47 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 289 A, written testimony, Marla Runyan, 4 pp.

B – SB 289 A, news article, Sen. Courtney, 2 pp.

C – SB 289 A, written testimony, Wayne Schumacher, 2 pp.

D – SB 289 A, written testimony, Kelly Taylor, 1 p.

E – SB 471 A, written testimony, Jason Reynolds, 4 pp.

F – SB 471 A, written testimony, Bob Russell, 2 pp.

G – SB 183, Legislative Counsel decision, Rep. Miller, 1 p.

H – SB 183, -3 amendments, Rep. Miller, 27 pp.

I – Informational, news article, Rep. Dingfelder, 1 p.