HOUSE COMMITTEE ON TRANSPORTATION

 

May 9, 2005 Hearing Room C

1:00 P.M.  Tapes 64 - 65

 

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Scott Bruun

Rep. Dave Hunt

Rep. Kim Thatcher

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 70 – Public Hearing and Work Session

SB 72 – Public Hearing and Work Session

SB 73 – Public Hearing and Work Session

SB 74 – Public Hearing

SB 75 – Public Hearing and 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 64, A

003

Chair Gilman

Calls the meeting to order at 2:30 p.m.  Opens a public hearing on     SB 70.

SB 70 – PUBLIC HEARING

007

Patrick Brennan

Committee Administrator.  Introduces SB 70.   

016

Robin Freeman

Oregon Department of Transportation (ODOT).  Submits and reviews written testimony and a Driver License/Identification Card application (EXHIBIT A)in support of SB 70.  Discusses inconsistencies within statute that are being remedied.  Explains the Driver License/ Identification Card Application.

081

Rep. Thatcher

Inquires if the ODOT application requires self-reporting.

084

Freeman

Explains the process of assessment.

093

Rep. Hunt

Questions if physicians are mandated to report impaired persons to ODOT.

098

Freeman

Confirms, yes.

099

Rep. Boone

Asks what would happen if a physician failed to report a patient’s status.

103

Freeman

Reports she is unsure of the consequences, but will secure and provide that information.

106

Rep. Boone

Inquires about the acceptability of certain vision tests.

109

Freeman

Discusses vision testing requirements for those over age 50 and the required physician’s report.

121

Chair Gilman

Closes the public hearing and opens a work session on SB 70.

SB 70 – WORK SESSION

123

Rep. Bruun

MOTION:  Moves SB 70 to the floor with a DO PASS recommendation.

129

Rep. Bruun

Discusses the impact of insulin-dependent diabetes on receiving his driver license at age 16.

152

Chair Gilman

Notes the importance of a driver license.

165

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. BRUUN will lead discussion on the floor.

166

Chair Gilman

Closes the work session on SB 70.  Opens a public hearing on SB 72.

SB 72 – PUBLIC HEARING

167

Patrick Brennan

Committee Administrator.  Introduces SB 72.

176

Troy Costales

Manager, Transportation Safety Division, Oregon Department of Transportation (ODOT).  Submits and summarizes written testimony in support of SB 72 (EXHIBIT B). Discusses differences between helmet types and uses.

203

Rep. Thatcher

Inquires if any helmets are being manufactured that do not meet the standards.

205

Costales

Reports there are toy helmets that are untested, and do not meet certification standards.

211

Rep. Thatcher

Questions whether the helmets look like toys.

215

Costales

States some toy helmets appear real while others appear to be toys.  Explains legal complications.

230

Rep. Burley

Inquires regarding the dissenting votes in the Senate.

234

Cotales

States he is unsure why there was opposition.

238

Rep. Burley

Asks if there was any opposing testimony in the Senate Committee hearings.

240

Costales

Replies, no.

241

Rep. Burley

Questions why certification organizations are no longer setting standards.

243

Costales

Explains the different organizations and their purposes.

253

Rep. Burley

Requests clarification regarding the agencies mentioned in Costales’ testimony that no longer set standards.

259

Costales

Offers clarification on the specific organizations mentioned.

269

Rep. Burley

Questions whether the bill might create a potential liability issue for the state.

274

Costales

Explains there is greater potential liability under the current statute.

289

Chair Gilman

Closes the public hearing and opens a work session on SB 72.

SB 72 – WORK SESSION

293

Rep. Beyer

MOTION:  Moves SB 72 to the floor with a DO PASS recommendation.

299

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. BEYER will lead discussion on the floor.

305

Chair Gilman

Closes the work session on SB 72.  Opens a public hearing on SB 73.

SB 73 – PUBLIC HEARING

306

Patrick Brennan

Committee Administrator.  Introduces SB 73.

316

Robin Freeman

Oregon Department of Transportation (ODOT).  Submits and reads written testimony in support of SB 73 (EXHIBIT C).

356

Chair Gilman

Closes the public hearing and opens a work session on SB 73.

SB 73 – WORK SESSION

361

Rep. Hunt

MOTION:  Moves SB 73 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

373

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

375

Chair Gilman

Closes the work session on SB 73.  Opens a public hearing on SB 74.

SB 74 – PUBLIC HEARING

377

Patrick Brennan

Committee Administrator.  Introduces SB 74 and notes the conflict with HB 2106, already passed through both chambers.  Notes Legislative Counsel will draft conflict amendments should the committee wish to pursue the bill.

396

Robin Freeman

Oregon Department of Transportation (ODOT).  Submits and reads written testimony in support of SB 74 (EXHIBIT D).

TAPE 65, A

008

Rep. Boone

Inquires regarding the conflict with HB 2106.

010

Freeman

Relates the two bills address the same chapter of statute.

017

Brennan

Explains how conflict amendments work.

029

Rep. Burley

Notes the intent of HB 2106.

034

Rep. Hunt

Requests an explanation of “proof satisfactory” to ODOT.

039

Freeman

Explains the procedures and evidentiary requirements.

052

Chair Gilman

Closes the public hearing on SB 74.  Opens a public hearing on SB 75.

SB 75 – PUBLIC HEARING

055

Patrick Brennan

Committee Administrator.  Introduces SB 75.

064

Robin Freeman

Oregon Department of Transportation (ODOT).  Submits and reads written testimony in support of SB 75 (EXHIBIT E).

104

Rep. Thatcher

Questions the process for vehicles uninsured and garaged for non-use.

113

Freeman

Relates the process and the ability to explain non-use of vehicles.

122

Rep. Thatcher

Inquires regarding the penalty for business vehicles.

127

Freeman

Answers she is unsure, but will verify.

131

Rep. Burley

Clarifies the vehicle must be insured, not necessarily the driver.

126

Freeman

Confirms the vehicle owner would be responsible.

143

Rep. Burley

Wonders whether it would it be possible for an Oregonian to drive without insurance if they had a license, but did not own a vehicle.

149

Freeman

Notes the driver is not responsible for the insurance on the vehicle, and that it is possible they could drive an uninsured vehicle.

152

Rep. Burley

Explains his understanding a person’s insurance follows them.

160

Freeman

Offers to research the issue.

163

Rep. Burley

Relates his hunting accident experience.

177

Freeman

Reiterates the vehicle owner is responsible for the vehicle

180

Chair Gilman

Offers a hypothetical scenario involving a rental car.

186

Rep. Hunt

Questions why the current, above ten percent statutory provision was removed.

196

Freeman

Answers ODOT will be sending out more letters than the present ten percent with the new provisions.

213

Rep. Burley

Relates an automated system is now used that addresses a more targeted population.

222

Chair Gilman

Closes the public hearing and opens a work session on SB 75.

SB 75 – WORK SESSION

224

Rep. Thatcher

MOTION:  Moves SB 75 to the floor with a DO PASS recommendation.

237

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. THATCHER will lead discussion on the floor.

267

Chair Gilman

Closes the work session on SB 75.  Adjourns the meeting at 3:15 p.m.

 

EXHIBIT SUMMARY

 

  1. SB 70, written testimony and Driver License/ID Card application, Robin Freeman,  4 pp
  2. SB 72, written testimony, Troy Costales, 1 p
  3. SB 73, written testimony, Robin Freeman, 1 p
  4. SB 74, written testimony, Robin Freeman, 2 pp
  5. SB 75, written testimony, Robin Freeman, 2 pp