HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

February 15, 2005   Hearing Room B

8:30 A.M.  Tapes 17 - 18

Corrected 10/13/05

MEMBERS PRESENT:            Rep. Vicki Berger, Chair

Rep. Peter Buckley, Vice-Chair

Rep. Mac Sumner, Vice-Chair

Rep. Sal Esquivel

Rep. Larry Galizio

Rep. Brad Witt

 

STAFF PRESENT:                  Caralyn Fischer, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                HB 2154 - Work Session

                                                HB 2155 - Work Session

                                                HB 2118 - Work Session

                                                HB 2125 - Work Session

                                                HB 2488 - 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 17, A

004

Chair Berger

Calls the meeting order at 8:30 a.m. and opens the work session on      HB 2154.

HB 2154 – WORK SESSION

003

Caralyn Fischer

Committee Administrator. Reviews what HB 2154 does.

017

Rep. Esquivel

MOTION:  Moves HB 2154 to the floor with a DO PASS recommendation.

 

Fischer

Notes that HB 2154 has a referral to the Committee on Ways and Means by prior reference.

035

Rep. Esquivel

MOTION:  Amends previous motion referring HB 2154 to the floor DO PASS by adding subsequent referral to Committee on Ways and Means by prior reference.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Buckley (*See tape 17, B #375)

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

045

Chair Berger

Closes the work session on HB 2154 and opens the work session on HB 2155.

 

HB 2155 – WORK SESSION

060

Fischer

Reviews what HB 2155 does.

052

Rep. Witt

MOTION:  Moves HB 2155 to the floor with a DO PASS recommendation.

053

 

VOTE:  5-0-1

EXCUSED: 1 – Buckley (*see tape 17, B #375)

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

057

Chair Berger

Closes the work session on HB 2155 and opens the work session on HB 2118.

HB 2118 – WORK SESSION

060

Caralyn Fischer

Committee Administrator. Explains what HB 2118 does.

068

Chair Berger

Invites Mr. Scheppke to speak on how the State Library will determine which libraries will be the repository libraries.

072

Jim Scheppke

Director of the State Library. Explains that currently the full depository libraries are in administrative rule and the State Library Board is empowered to make those rules. Refers to page three, Section 5           of HB 2118.

088

Chair Berger

Asks if there is a provision that university libraries would have those specific attributes.

091

Scheppke

Responds that currently there is no guidance in statute, but he believes the board is aware that state documents are important to universities.

103

Chair Berger

Closes the work session on HB 2118. Opens the work session on       HB 2125.

HB 2125 – WORK SESSION

111

Caralyn Fischer

Committee Administrator. Explains what HB 2125 does.

119

Rep. Esquivel

MOTION:  Moves HB 2125 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference.

125

 

VOTE:  5-0-1

EXCUSED:  1 – Buckley *(see tape 17, B #375)

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

127

Chair Berger

Closes the work session on HB 2125. Announces that the public hearings on HB 2253 and HB 2259 are being moved to a later agenda. Opens the public hearing on HB 2488.

HB 2488 – PUBLIC HEARING

139

Caralyn Fischer

Committee Administrator. Explains what HB 2488 does and the helmet laws in other states.

 162

Rex Jamison

Legislative assistant, Douglas County Chapter of ABATE. Testifies in support of the bill. Explains why in his experience he prefers to choose when to wear a helmet and when not to.

190

Michael Boggs

Resident, Marion County. Testifies in favor of HB 2488 stating it an equality issue of freedom of choice. Refers to a woman’s right to choose and the choice of the dying in Oregon. States that motorcyclists are not allowed the freedom of choice.

209

Boggs

Adds that according to statistics people are more likely to die from medical malpractice or obesity than from a motorcycle accident. Comments on heart attacks, strokes, the effects of age and a number of other things that fill nursing homes.

268

Lisa Millet

Injury Prevention & Epidemiology Manager, Oregon Department of Human Services. Submits prepared testimony in opposition to                HB 2488 (EXHIBIT A). Details the reasons why the department and the Governor oppose the bill.

344

Rep. Galizio

Refers to the statement that helmets are the only counter measure available to a motorcyclist. Suggest that driver training and a higher standard to obtain an automobile license.

335

Millet

Agrees but it would not exclude the use of helmets.

347

Rep. Galizio

Asks if it would be safe for automobile drivers to wear helmets.

379

Millet

Responds that it has recently been noted that head rests do not protect heads from whip lash. Adds it is uncertain if helmets would offer protection.

360

Rep. Witt

Asks if there is data from other states on number of deaths per mile traveled on a motorcycle compared to Oregon.

390

Millet

Responds that she will get that information for the committee.

395

Rep. Witt

Asks if there is a trend toward higher or lower numbers

398

Millet

Responds no.

400

Chair Berger

Requests that the information be provided to the committee.

407

Jim Anderson

Representing Oregon Chapter of the American College of Emergency Physicians (OCEPT). Submits prepared testimony and fact sheets in opposition to HB 2488 (EXHIBIT B).

450

Anderson

Refers to the fact sheets and reads testimony.

TAPE 18, A

047

Rep. Witt

Asks if there is data that compares head injury rates of comparable accidents of automobiles and motorcycles.

050

Anderson

Responds he can get that information.

074

Lt. Gary G. Miller

Oregon State Police. Submits prepared testimony in opposition to     HB 2488 (EXHIBIT C).  Explains that investigating a fatal crash requires time and if the crash did not need to be fatal, resources could be allocated elsewhere.

090

Chair Berger

Asks are motorcycle driver mandated to have insurance.

095

Lt. Miller

Responds he is uncertain if they are part of the liability insurance.

096

Chair Berger

Asks if motorcycles are required to have their lights on when driving.

100

Lt. Miller

Answers affirmatively.

101

Chair Berger

Asks what other laws motorcycles have other than helmets and lights that are different.

103

Lt. Miller

Responds there are training and endorsement requirements. Believes there are additional knowledge tests.

106

Rep. Sumner

Asks what the process of checking the age of a passing motorcyclist would be if HB 2488 passed.

120

Lt. Miller

Responds that OSP has the ability to stop under reasonable cause but it would be difficult.

131

Pat Ryan

Membership Director BikePAC of Oregon.  Submits prepared testimony in support of HB 2488 (EXHIBIT D). States that at the core it is a right to choose, a matter of personal choice. Provides an example of personal choice and judgment.

176

Ryan

Agrees that children need to be protected.

217

Ryan

Provides examples on perceptions of common sense: hunting cougars and bears with dogs, and the impetus of Measure 37.

206

Ryan

Comments on skiing injuries and fatalities.

299

Rep. Galizio

Asks if helmets are a burden.

265

Ryan

Responds that it can be depending on the type of bike and the kind of riding. Comments on windshields and fatigue.

286

Troy Costales

Manager of Transportation Safety, Department of Transportation, (ODOT). Submits prepared testimony in opposition to the bill (EXHIBIT E). Notes that public opinion maintains a high 80 percent approval rate to require helmets.  Refers to the chart on motorcycle fatalities comparing when the law was in force and when it was not in force.

338

Costales

Discusses the impact of motorcycle safety education and TEAM OREGON. Confirms that insurance is required and explains there is a written and on-vehicle requirement for a motorcycle endorsement.

420

Costales

Discusses the decrease in helmet use following the removal of helmet laws in four states. Notes the increase in fatality rates.  

TAPE 17, B

021

Rep. Sumner

Asks how many insurance companies require use of a helmet.

023

Costales

Answers that the requirement would be in line with the laws

027

Rep. Sumner

Asks would an insurance company pay on a claim if the person was not wearing a helmet.

032

Costales

Responds that he cannot answer that.

033

Rep. Galizio

Refers to the public opinion data and asks if ODOT uses public opinion to make policy.

040

Costales

Responds that public opinion is used as a measure of performance to gauge how citizens react to public policy decisions.

054

Chair Berger

Inquires what is meant by Region 5.

055

Costales

Responds ODOT has set up five regions within the state. Explains that Region 5 is the eastern side of the state and is also the largest geographic region of the state and the least populated.

065

Rep. Galizio

Asks where and how automobile drivers are instructed on their responsibility to motorcyclist. Asks what percentage of licensed automobile drivers are adequate drivers.

077

Costales

Responds there are a number of outreach efforts to drivers on awareness to motorcycles. Refers to the new performance measure of the three to five year driving histories.

101

Chair Berger

Asks what is ODOT's response on those who are injured and remain within the system as a result of accidents.

126

Costales

Responds that the injury rate to motorcyclist for the last four years averages 350 but it does not clarify if other vehicles were involved.

137

Chair Berger

Asks what is the percentage of motorcycles compared to other road populations.

138

Costales

Answers that 1995 – 1999 there were 63,000 registered motorcycles, in 2000 it was 71,000 and in 2003 it was 86,000. There has been a 21 percent increase over the last four years.

142

Chair Berger

Requests a description of what a moped is from ODOT’s viewpoint.

156

Rep. Buckley

Asks about baby boomers coming back and recognizing those who may overestimate their ability to ride.

170

Costales

Responds that there are three levels of classes offered, beginning, intermediate and advanced rider training.

188

Duane Calking

Testifies in support of HB 2488. States that the education offered by Team Oregon saves more lives than helmets.

280

Rep. Galizio

Asks if he thinks the public would be agreeable to increasing the age requirement.

288

Calking

Responds that negotiation may be considered.

300

Rep. Galizio

Asks if there should be a choice to ride barefoot.

302

Calking

Responds that his personal opinion is no.

319

Chair Berger

Notes testimony submitted from John Powell of State Farm Insurance (EXHIBIT G) and Derek P. Stables, M.D (EXHIBIT F).

365

Rep. Witt

Requests the insurance company provide testimony on injury and public responsibility.

370

Chair Berger

Announces that HB 2488 will be heard again Thursday evening and states that if there is a lot of testimony it maybe limited to three minutes per person. Closes the public hearing on HB 2488. Opens a work session for the purpose of allowing Rep Buckley to vote on passage of HB 2154, HB 2155, and HB 2125.

HB 2154, HB 2155, and HB 2125 - WORK SESSION

375

Rep. Berger

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. BUCKLEY to BE RECORDED as voting AYE on Rep. Esquivel’s motion to refer HB 2154 to the floor DO PASS by adding subsequent referral to Committee on Ways and Means by prior reference,  Rep.  Witt’s motion to move HB 2155 to the floor with a DO PASS recommendation, and Rep. Esquivel’s motion to refer HB 2125 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference.

375

 

VOTE:  6-0-0

 

Chair Berger

Hearing no objection, declares the motion CARRIED.

380

Chair Berger

Adjourns the meeting at 9:08 a.m.

 

EXHIBIT SUMMARY

  1. HB 2488, prepared testimony, Lisa Millet, 4 pp
  2. HB 2488, prepared testimony, Jim Anderson, 4 pp
  3. HB 2488, prepared testimony, Lieutenant Gary G. Miller, 2 pp
  4. HB 2488, prepared testimony, Pat Ryan, 2 pp
  5. HB 2488, prepared testimony, Troy E. Costales, 6 pp

      F.  HB 2488, prepared testimony of Derek P. Stables M.D., Chair V. Berger, 1 p

      G. HB 2488, prepared testimony of John Powell, Rep. V. Berger, 1 p