SENATE COMMITTEE ON TRANSPORTATION

 

 

April 13, 2005                                                                                                         Hearing Room C

3:10 PM                                                                                                                      Tapes  50 – 51

 

MEMBERS PRESENT:         Sen. Joanne Verger, Chair

Sen. Doug Whitsett, Vice-Chair

Sen. Rick Metsger

Sen. Floyd Prozanski

 

MEMBER EXCUSED:          Sen. Bruce Starr

 

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

James Goulding, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

                                                SB 1027 – Public Hearing

                                                HB 2106 A – Public Hearing

                                                HB 2422 A – Public Hearing

                                                HB 2223 – 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 50, A

003

Chair Verger

Calls the meeting to order at 3:16 p.m.  Opens a public hearing on SB 1027. 

SB 1027 – PUBLIC HEARING

010

Sen. Vicki Walker

Represents Senate District 7.  Testifies in favor of SB 1027 on behalf of the Lyons family, constituents who lost their daughter to a truck driver who could not see her.  Advocates the use of forward cross view mirrors for large motor trucks.

045

Richard Lane

Attorney representing the Lyons family.  Submits an informational packet (EXHIBIT A) in favor of SB 1027.  Discusses the photos and requests contained within the packet submitted.

080

Brandi Lyons

Resident, Eugene, Oregon.  Testifies in favor of SB 1027.  Relates the grief over the loss of her daughter after she was struck by a United Parcel Service (UPS) delivery truck.  States that it is too bad that it takes a tragedy to cause a change.

097

Chris Lyons

Resident, Eugene, Oregon. Testifies in favor of SB 1027.  Discusses the dangers that could be reduced by requiring additional safety features for motor vehicles.

107

Chair Verger

Asks if there was some agreement reached with UPS to add visibility to their trucks.

113

Lane

Replies the case was resolved without a mechanical solution made to the UPS delivery trucks.  Discusses the administrative changes that resulted.

127

Sen. Metsger

Wonders if the case went to trial.

129

Lane

States they were preparing to go to trial.

133

Sen. Metsger

Asks if he has done any research to see if this is a widespread problem.

135

Lane

Discusses that his investigation revealed that this has happened before, even though UPS denies it.

139

Sen. Metsger

Considers the implication that UPS was aware of the problem but had taken no substantial action to correct it.

157

Lane

Relays the research done by the United States Postal Service (USPS) that determined their delivery vehicles required safety mirrors.

163

Sen. Metsger

Apologizes that he has to leave to testify in another committee.  Thanks the Lyons family for their testimony.

170

Sen. Prozanski

Reiterates that it usually takes a tragedy to cause a change.

183

Chair Verger

States it is difficult to recover from a tragedy such as this.

197

Doug Jordan

Detective, crash reconstruction program, City of Eugene Police Department.  Testifies in favor of SB 1027.    Discusses his training in and experience with traffic crash reconstructions.

245

Chair Verger

Remarks that providing his background and certifications is helpful.

252

Jordan

Details the particulars of the accident that killed the Lyons family’s daughter.

285

Jordan

Relates the crash investigation demonstrating the delivery truck’s blind spot.

330

Jordan

Concludes that with a cross view mirror, the accident would have been prevented.  Offers the details of a similar incident involving a school bus before they were equipped with additional safety mirrors.

360

Sen. Prozanski

Compliments Mr. Jordan on his work.

375

Lawrence Wobrock

Lawyer, Portland, Oregon.  Provides additional facts about the accident.  Notes that he is under a strict confidentiality order in the case. States that the evidence they have has come from their own independent investigation, not UPS documents. 

TAPE 51, A

005

Wobrock

Notes that this law would affect all delivery companies.  Details the proposed safety equipment and how it would function on a delivery vehicle.  States this information is included in the previous informational packet.

035

Wobrock

Demonstrates the different types of safety mirrors.  Advocates the passage of SB 1027 to prevent further tragedies.

053

Chair Verger

Observes the absence of representatives of the delivery companies.

060

Sen. Walker

States she has not been approached in regards to opposition to this legislation.  Relates that even with the tragedy, UPS has not made the change on their own.  Offers it often takes a tragedy and legislative action to make it happen.

097

Sen. Prozanski

Asks about statute in reference to sanctions.

105

Jordan

Feels it is a small penalty, but offers that he will support it if it increases compliance with the law.

115

Sen. Prozanski

Wonders what the cost involved would be.

120

Worbrock

Notes the prices for the additional safety mirror.

130

Chair Verger

Closes public hearing on SB 1027.  Opens a public hearing on HB 2106 A.

HB 2106 A – PUBLIC HEARING

135

Judith Callens

Committee Administrator.  Explains the provisions of HB 2106 A.

145

Robin Freeman

Oregon Department of Transportation (ODOT).  Testifies in favor of HB 2106 A.  Presents written testimony (EXHIBIT B).

180

Sen. Whitsett

Wonders what criteria ODOT requires for verification of identity before issuing a replacement license.

185

Freeman

Clarifies the replacement procedure.

197

Sen. Whitsett

Closes public hearing on HB 2106 A.  Opens a public hearing on HB 2422 A.

HB 2422 A – PUBLIC HEARING

204

Judith Callens

Committee Administrator. Introduces HB 2422 A.

210

Shawn Miller

Oregon Independent Auto Dealers Association (OIADA). Testifies in favor of HB 2422 A.  Submits written testimony (EXHIBIT C).

247

Jose Pinomesa

First Vice-President, OIADA.  Testifies in favor of HB 2422 A.

267

Darrell Fuller

Representing OIADA.  Testifies in favor of HB 2422 A. 

297

Sen. Whitsett

Closes public hearing on HB 2422 A.  Considers that the committee does not have the amendments to HB 2223 yet.  Opens a work session on HB 2223.

HB 2223 – WORK SESSION

319

Kevin Neely

Executive Assistant to Attorney General Hardy Myers, Department of Justice.  Discusses the measure and the amendments that are currently being drafted by Legislative Counsel.

347

Sen. Whitsett

Asks if liability insurance is available for panhandlers.

353

Neely

Replies he doesn’t have an answer.

357

Sen. Prozanski

Observes the insurance requirement for firefighters must come through ODOT.  Wonders about possible issues involved.  Discusses regulation issues with panhandlers.

383

Neely

Offers he will pass the concerns on.  Reiterates the desire to limit litigation.

393

Sen. Metsger

Feels it is possible to work out a solution.

407

Neely

Adds that there is a division in terms of the constitutionality of it. Mentions possibility of a prohibition on road side solicitation within certain distances from a controlled intersection.

TAPE 50, B

005

Neely

Discusses proposals to regulate where panhandlers can safely position themselves on the road side.

017

Sen. Whitsett

Closes the work session on HB 2223.  Adjourns the committee at 4:11 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 1027, informational packet, Richard Lane, 16 pp
  2. SB 2106, written testimony, Robin Freeman, 2 pp
  3. SB 2422, written testimony, Shawn Miller, 1 p