SENATE COMMITTEE ON TRANSPORTATION

 

 

February 07, 2005                                                                                                   Hearing Room C

3:10 P.M.                                                                                                                     Tapes  13 - 14

 

MEMBERS PRESENT:         Sen. Joanne Verger, Chair

Sen. Doug Whitsett, Vice-Chair

Sen. Rick Metsger

Sen. Floyd Prozanski

Sen. Bruce Starr

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Gary Roulier, Committee Assistant

 

MEASURES/ISSUES HEARD & WITNESSES:

                                                SB 56 – Work Session

                                                SB 72 – Work Session

                                                SB 73 – Work Session

                                                SB 74 – Work Session

                                                SB 76 – Public Hearing

                                                            Lorna Youngs, Motor Vehicles Division

                                                SB 296 – Public Hearing

                                                            Troy Costales – Transportation Safety Division

                                                SB 317 – Public Hearing

                                                            Sen. Kurt Schrader, Oregon State Senate

                                                            Damiana Merryweather, Oregon Humane Society   

            Marsha Keith, Oregon Veterinary Medical Association

SB 411 – Public Hearing

            Sen. Jason Atkinson, Oregon State Senate

            Lorna Youngs, Motor Vehicles Division

            Herman McDonald, Oregon Veterans

            Alan Hageman, Oregon State Police

 

 

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 13, A

003

Chair Verger

Opens the meeting at 3:11 and opens a work session on SB 56.

SB 56 – WORK SESSION

012

Paul Donheffner

Director, State Marine Board. Reviews the provisions of the bill.

030

Sen. Starr

Asks whether the -1 amendments (EXHIBIT A) were submitted by the Marine Board.

032

Donheffner

Responds that the -1 amendments clarify some definitions within the bill.

047

Chair Verger

Notes that there have been no deaths due to this type of activity in Oregon. Asks if the Marine Board will take steps to raise awareness of the dangers of this type of activity.

051

Donheffner

Answers that the Marine Board will educate the public and reviews laws passed in California and numerous other states.

062

Sen. Whitsett

MOTION:  Moves to ADOPT SB 56-1 amendments dated 1/27/05.

 

 

VOTE:  5-0-0

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

 

Chair Verger

The motion CARRIES.

073

Sen. Whitsett

MOTION:  Moves SB 56A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-0

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

 

Chair Verger

The motion CARRIES.

SEN. WHITSETT will lead discussion on the floor.

091

Chair Verger

Closes the work session on SB 56 and opens a work session SB 72.

SB 72 – WORK SESSION

104

Troy Costales

Manager, Transportation Safety Division, Oregon Department of Transportation (ODOT). Explains the provisions of SB 72.

112

Sen. Whitsett

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

 

 

VOTE:  5-0-0

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

 

Chair Verger

The motion CARRIES.

SEN. METSGER will lead discussion on the floor.

118

Chair Verger

Closes the work session on SB 72 and opens a work session on SB 73.

SB 73 – WORK SESSION

121

Callens

Explains the provisions of the bill.

128

Lorna Young

Administrator, Motor Vehicles Division (DMV), Oregon Department of Transportation. Explains the provisions of the bill.

131

Sen. Whitsett

MOTION:  Moves SB 73 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

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

 

Chair Verger

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

149

Chair Verger

Closes the work session on SB 73 and opens a work session on SB 74.

SB 74 – WORK SESSION

154

Callens

Explains the provisions of SB 74.

161

Metsger

Asks about the parameters for the proposed process.

179

Youngs

Responds that the bill is designed so that the requestor is not required to have a police report to request a new identification number.

189

Whitsett

Asks what “substantial proof” would entail.

193

Youngs

Answers that documentation would be required that someone had used their identity, and emphasizes that the requestor would need to adequately establish identity.

213

Whitsett

Explains that his primary concern is that this does not open an avenue for people to change their identity.

224

Youngs

Notes that the DMV shares his concern.

234

Sen. Whitsett

MOTION:  Moves SB 74 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

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

 

Chair Verger

The motion CARRIES.

SEN. STARR will lead discussion on the floor.

241

Chair Verger

Closes the work session on SB 74 and opens a public hearing on SB 76.

SB 76 – PUBLIC HEARING

246

Callens

Explains the provisions of the bill.

251

Youngs

Presents EXHIBIT B and testifies in support of SB 76, which would allow either parent or a legal guardian to withdraw consent for driving privileges for a teen.

290

Whitsett

Asks about a situation where there are divorced parents.

299

Youngs

Answers that either parent would have the right to withdraw privileges.

309

Sen. Prozanski

Asks about conflicts between the parents and whether the “custodial parent” should have more authority.

323

Youngs

Responds that, under current law, that distinction is not being made, and DMV is not in a position of “getting between” the parents on this issue.

344

Chair Verger

Asks if this is a “big problem.”

350

Youngs

Answers that it is not a “large problem,” and doesn’t concern a large number of individuals.

355

Sen. Metsger

Reviews the changed language and asks if the requests to withdraw driving privileges could possibly be denied.

361

Youngs

Responds that is not the department’s intent.

384

Sen. Metsger

Clarifies that the language could put the department into a position of being an “arbiter.”

393

Youngs

Confesses she is not sure why the bill was drafted that way.

401

Chair Verger

Closes the public hearing on SB 76 and opens a public hearing on SB 296.

SB 296 – PUBLIC HEARING

TAPE 14, A

006

Callens

Explains the provisions of the bill.

014

Costales

Presents EXHIBIT C and testifies in opposition to SB 296. Stresses that signaling when turning, particularly at night, is crucial in letting others know of your intentions.

041

Costales

Notes that his concern is about educating the public, law enforcement and the courts.

050

Chair Verger

Asks if his concern is whether drivers who are not indicating they are turning, or that they may not be aware they are in a turn lane.

061

Costales

Answers that his concern centers on the fact that other drivers will not be aware of the driver’s intentions.

075

Sen. Prozanski

Explains the reasoning behind the bill, which originated from a constituent who received a citation for not signaling while in a mandatory turn lane.

083

Sen. Prozanski

Asks if there is data available regarding accidents where drivers were in mandatory turn lanes.

086

Costales

Responds that such data is probably not available.

091

Sen. Prozanski

Asks if anyone has brought to his attention specific instances where not signaling in a mandatory turn lane was a hazard, or caused an accident.

098

Costales

Answers that specific complaints have not been brought to his attention, just general concerns about not signaling.

101

Sen. Metsger

Agrees that signals should not be necessary when in a mandatory turn lane. Wonders if there is a compromise available that would perhaps reduce the penalty for not signaling when in a mandatory turn lane.

135

Sen. Whitsett

Comments that at night, not indicating a turn at some intersections could create a danger.

155

Costales

Notes that some bike lanes, for example, would need the signal for safe avoidance of conflicts.

171

Sen. Prozanski

States that any moving violation would go against a driver’s insurance. Adds that one alternative would be for the officer to issue a warning.

205

Chair Verger

Reviews possible situations where lack of turn indication would cause conflicts. Closes the public hearing on SB 296 and opens a public hearing on SB 317.

SB 317 – PUBLIC HEARING

210

Callens

Explains the provisions of the bill.

265

Sen. Kurt Schrader

State Senator, District 20, and Past President, Oregon Veterinary Medical Association. Presents EXHIBIT D and testifies in support of SB 317.

291

Rep. Schrader

Reviews accident data where animals were injured while riding in the rear of vehicles.

323

Chair Verger

Asks how the size of the communities listed in the bill were determined.

326

Schrader

Explains the reasoning behind the definition.

336

Sen. Whitsett

Remarks that this would not be a popular bill in his district.

355

Damiana Merryweather

Oregon Humane Society. Testifies in support of SB 317.

365

Marsha Keith

Oregon Veterinary Medical Association. Presents some possible clarifications to the proposed bill.

393

Sen. Whitsett

Asks again how the determination was made for the size of the community to be affected by the bill.

TAPE 13, B

002

Keith

Responds that she was not a party to that discussion. Adds that they are willing to talk about the population number.

011

Chair Verger

Notes that she is not clear about why the bill shouldn’t apply to all locales.

018

Sen. Whitsett

Notes that most cattlemen have dogs that are trained to ride in the back of the vehicles.

030

Sen. Metsger

Points out that cattlemen are exempted under the bill. Discusses the provisions with Sen. Whitsett

043

Sen. Starr

Asks whether someone from law enforcement could speak to the legal violation of “any object” coming out of the vehicle. Notes that there may already be statutes that protect the animals.

074

Chair Verger

Notes that the intent appears to be to protect animals from thoughtless owners. Closes the public hearing on SB 317 and opens a public hearing on SB 411.

SB 411 – PUBLIC HEARING

091

Callens

Explains the provisions of the bill.

099

Sen. Jason Atkinson

State Senator, District 2. Testifies in support of the bill, which would allow an owner of a motorcycle to use group or special registration plates. 

128

Chair Verger

Notes the numbers of motorcycle riders in her district.

135

Sen. Atkinson

Points out that people spend a great deal of money on their motorcycles, and could like to opportunity to utilize special registration plates.

141

Youngs

Presents EXHIBIT E and testifies that the bill would require the department to do some “special programming.” Adds that there are law enforcement concerns about the readability of the motorcycle plates because of their small size.

161

Chair Verger

Asks if the department would like to sell more of the specialty plates.

166

Youngs

Answers that all of the revenue goes to the group that establishes the license plate.

171

Sen. Starr

Asks if the major concern is the small size of the plate, and if “flat plate technology” would solve the problem.

184

Youngs

Notes that the size of the plate has been a “long standing concern,” and the plates become more difficult to read as the graphics get more elaborate.

194

Sen. Starr

Asks whether the department supports the bill and whether there are alternatives to make the plate more readable.

204

Youngs

Expresses concern about whether they could maintain the integrity of the design and still the plate be “legible.”

206

Sen. Metsger

Agrees that the plates are small and asks whether any group would have to meet a particular number of requests for plates.

224

Youngs

Answers that they would probably not require the groups to sell 500 motorcycle plates.

241

Chair Verger

Asks her to “walk the committee through the process.”

247

Youngs

Reviews how the plates are purchased. Notes how an organization has a plate established as a “group plate.” Explains cost would be handled by the requestor.

284

Chair Verger

Asks for clarification on how the different sizes affect their operation.

296

Youngs

Notes that the passenger vehicle and motorcycle plates are not the same proportion and would therefore have to be redesigned.

316

Herman McDonald

Oregon Veterans. Presents EXHIBIT F and testifies on some clarifications to definitions within SB 411.

351

McDonald

Reviews the numbers of “veteran’s plates” sold for veteran’s groups in 2003 and 2004 in Oregon.

392

Alan Hageman

Oregon State Police. Presents EXHIBIT G and testifies in opposition to SB 411 as it will diminish law enforcement’s ability to read the plate.

TAPE 14, B

011

Chair Verger

Asks her if they have “serious doubts” if the numbers will be visible.

018

Youngs

Answers that “she simply does not know.” Adds that they wanted to raise the concern as they may have problems with some of the graphics.

049

Chair Verger

Restates witness McDonald’s concern about the availability of the plates for returning veterans.

051

Youngs

Notes that McDonald’s testimony dealt with the creation of groups while this bill deals only with the creation of the plate.

060

Chair Verger

Comments that McDonald’s intent was to maintain the ability of a veteran to obtain a specialty plate.

074

Youngs

Reviews the criteria for availability of veteran’s plate.

083

Sen. Metsger

Asks what the cost would be for a “special” motorcycle plate.

090

Youngs

Answers that the estimates have been approximately $20,000, which would be borne by the group.

103

Sen. Metsger

Notes that the committee should hear from a group that would want these plates. Adds that he would like to see a “mock-up” of the plate.

113

Sen. Prozanski

Points out the broad relating clause and reviews the intent of witness McDonald’s testimony.

128

Youngs

Adds that the department maintains a small supply of the group plates even when the 500 sales per year minimum is not met.

136

Sen. Prozanski

Reviews a case involving stolen “specialty” plates.

153

Sen. Starr

Comments that technology today should allow us to maintain the ability to produce these group plates.

164

Young

Responds that “flat plate” technology is more expensive, but it is possible to maintain the ability - it is simply a matter of economics.

171

Chair Verger

Asks if all the plates are manufactured in Oregon.

173

Youngs

Responds that some of the plates are manufactured here.

178

Chair Verger

Closes the public hearing on SB 411.

181

Chair Verger

Discusses the out-of-office meeting on Friday, February 11, 2005.

194

Callens

Reviews the arrangements.

203

Chair Verger

Closes the meeting at 4:47 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 56, -1 amendments, staff, 1 pp
  2. SB 76, written testimony, Lorna Youngs, 2 pp
  3. SB 296, written testimony, Troy Costales, 1 pp
  4. SB 317, written testimony, Kurt Schrader, 18 pp
  5. SB 411, written testimony, Lorna Youngs, 1 pp
  6. SB 411, written testimony, Herman McDonald, 3 pp
  7. SB 411, written testimony, Alan Hageman, 1 pp