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