SENATE COMMITTEE ON

TRANSPORTATION AND ECONOMIC DEVELOPMENT

March 27, 2003 Hearing Room C

8:00 AM Tapes 72 - 74

MEMBERS PRESENT: Sen. Rick Metsger, Chair

Sen. Bruce Starr, Vice-Chair

Sen. Ryan Deckert

Sen. David Nelson

STAFF PRESENT: Amy Joyce, Committee Administrator

Annastasia Suess, Committee Assistant

MEASURE/ISSUES HEARD: SB 795 – Public Hearing and Work Session

SB 289 - Public Hearing

SB 661 – Public Hearing

SB 652 - 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 72, A
002	Chair Metsger	Calls the committee to order at 8:07 a.m. and opens a public hearing on SB 795.
SB 795 - PUBLIC HEARING
010	Sen. Bill Morrisette	District 6. Provides summary of the dash one amendments to SB 795 (EXHIBIT A).
040	Diane Amundson	Provides written testimony in support of SB 795 (EXHIBIT B).
107	Sen. Bev Clarno	District 27. Introduces her grandson, an Oregon seventh grader to testify in support of SB 795.
127	Tyler Henley	Oregon Seventh Grader. Reads written testimony in support of SB 796 (EXHIBIT C).
150	Chair Metsger	Asks for an opinion, that if a helmet law is enacted, will children actually obey the law.
155	Henley	States that each child will need to make the choice to obey the law or face the consequences.
165	Dr. Marcie Drury-Brown	Oregon Pediatric Society. Reads written testimony in support of SB 795 (EXHIBT D).
215	Chair Metsger	Asks if the risks to scooter and in line skating users are comparable to the risks of bicycle riders.
220	Drury-Brown	States that both the momentum and the injuries are comparable.
225	Dr. James Lace	Oregon Medical Association, Oregon Red Cross Society and the Safe Kids program. Provides visual demonstration and written testimony in support of SB 795 (EXHIBIT E).
280	Jean Lum	Springfield Fire Department. Provides written testimony in support of SB 795 (EXHIBITS F, G, H).
330	Joanne Fairchild	Trauma Nurse Coordinator, Legacy Emmanuel Hospital. Begins discussion and provides written testimony in support of SB 795 (EXHIBIT I).
402	Bill Olsen	Brain Injury Association of Oregon. Provides testimony in support of SB 795.
TAPE 73, A
035	Chair Metsger	Asks if there has been a notable increase at Emmanuel Hospital of scooter or in-line skating related injuries within the last ten years.
055	Fairchild	States there has been an increase. Adds that ten years ago there were no scooters nor in line skates, and that five years ago there were no injuries reported for scooters.
065	Vice Chair B. Starr	Asks if other states have similar helmet laws.
070	Fairchild	States there are at least three or four. Offers to provide information to the members.
080	Chair Metsger	Closes public hearing on SB 795 and opens a work session on SB 795.
The following prepared testimony is submitted for the record without public testimony for SB 795:
	Tom Miller	Submits written testimony (EXHIBIT Q).
	Lisa Millet	Submits written testimony (EXHIBIT R).
SB 795 – WORK SESSION
082	Vice Chair B. Starr	MOTION: Moves to ADOPT SB 795-1 amendments dated 03/20/03.
		VOTE: 3-0 EXCUSED: 1 – Deckert
085	Chair	Hearing no objection, declares the motion CARRIED.
090	Vice Chair B. Starr	MOTION: Moves SB 795 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 3-0 EXCUSED: 1 – Deckert
092	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. CLARNO AND SEN. MORRISSETTE will lead discussion on the floor.
095	Vice Chair B. Starr	Comments on his personal experience with Ms. Fairchild’s trauma program.
098	Chair Metsger	Closes the work session on SB 795 and opens a public hearing on SB 289.
SB 289 – PUBLIC HEARING
105	Sen. Jason Atkinson	District 2. Provides summary of the dash four and dash five amendments to SB 289. Provides testimony in support of the dash four amendments to SB 289.
150	Kelly Taylor	Oregon Department of Transportation (ODOT). Provides clarification on the differences between the dash four and the dash five amendments to SB 289.
192	Wayne Schumacher	Provides written testimony in support of the dash four amendments to SB 289 (EXHIBIT J).
210	Chair Metsger	Asks for confirmation that the organization feels the dash four amendments will not jeopardize the safety of the individuals operating vehicles on highways.
215	Schumacher	Confirms.
220	Taylor	States ODOT supports the dash five amendments, not the dash four amendments due to the visual requirement levels.
230	Chair Metsger	Asks if it is known whether other states allow usage of the bioptic lenses during their drive test.
240	Taylor	States that twenty states that will allow the use of the bioptic during the vision portion of the drive test. States that only eight states allow the higher vision level.
250	Chair Metsger	Asks how many people will qualify under each of the two amendments. Wants to know if there will be a large difference.
260	Sen. Atkinson	States that the dash four amendments will qualify a very small number of people.
270	Schumacher	States that the difference between the dash four and five amendments will eliminate approximately 10 to 20 people in Oregon.
290	Sen. Nelson	Asks if there is potential for liability for eye doctors and is that a concern for Oregon eye doctors.
300	Schumacher	States that there was initially a concern from eye doctors, however the amendments clarified that doctors are not making the determination of an individual to drive, only measuring the individual’s visual acuity.
320	Chair Metsger	Closes the public hearing on SB 289 and opens a public hearing on SB 661.
SB 661 – PUBLIC HEARING
330	Troy Costales	Safety Manager, ODOT. Provides written testimony in support of SB 661 with the dash one amendments (EXHIBIT K).
380	Chair Metsger	Asks for clarification of the dash one amendments.
390	Costales	States that the dash one amendments address ODOT’s concerns.
400	Curt Curtis	Sergeant of the Oregon State Police. Provides written testimony in support of the dash one amendments to SB 661 (EXHIBIT L).
TAPE 72, B
015	Ken McDermott	Legislative Assistant to Sen. Charles Starr. Provides written testimony in support of SB 661 with the dash one amendments, however expresses concerns regarding the type of vehicle outlined in the SB 661 (EXHIBIT M).
060	Chair Metsger	Asks for a work group to clarify the issues of the amber light vehicles and create dash two amendments to SB 661.
075	Chair Metsger	Closes the public hearing on SB 661 and opens a public hearing on SB 652.
SB 652 – PUBLIC HEARING
080	Sen. Morrisette	Provides written testimony in support of SB 652 (EXHIBIT N).
100	Karey Wollam	Provides written testimony in support of SB 652 (EXHIBIT O).
135	Costales	ODOT. Provides clarification on SB 652 and notes several concerns ODOT has with the bill. Provides written testimony (EXHIBIT P).
178	Chair Metsger	Comments on the vehicle industry currently manufacturing vehicles with features automatically engaging lights upon ignition or when windshield wipers are engaged.
190	Vice Chair B. Starr	Asks if the bill were to pass, what will be the consequence for drivers failing to turn on their lights when engaging the windshield wipers.
195	Costales	States that most of the similar violations are seventy five dollars.
208	Chair Metsger	Clarifies the violation is a Class B violation and as such is subject to up to a 300 dollar fine.
220	Chair Metsger	Closes the informational hearing and adjourns the committee at 9:17 a.m.

EXHIBIT SUMMARY

A – SB 795, written testimony, Sen. Bill Morrisette, 2 pp

B – SB 795, written testimony, Diane Amundson, 3 pp

C – SB 795, written testimony, Tyler Henry, 2 pp

D – SB 795, written testimony, Marcy Drury Brown, 1 p

E – SB 795, written testimony, James Lace, 2 pp

F – SB 795, written testimony, Jean Lum, 2 pp

G – SB 795, written testimony, Jean Lum, 1 p

H – SB 795, written testimony, Jean Lum, 1 p

I – SB 795, written testimony, Joanne Fairchild, 1 p

J – SB 289, written testimony, Wayne Schumacher, 2 pp

K – SB 661, written testimony, Troy Costales, 1 p

L – SB 661, written testimony, Curt Curtis, 2 pp

M – SB 661, written testimony, Ken McDermott, 1 p

N – SB 662, written testimony, Sen. Bill Morrisette, 1 p

O – SB, 662, written testimony, Karey Wollam, 1 p

P – SB 652, written testimony, Troy Costales, 2 pp

The following exhibits are listed out of order in the body of the tape log:

Q – SB 795, written testimony, Tom Miller, 1 p (not present in meeting)

R – SB 795, written testimony, Lisa Millet, 2 pp (submitted following meeting)