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House | April 23, 2013 | Committee Room | House Transportation

Full MP3 Audio File

Good afternoon, ?? being present, the house committee on transportation is now in session. Our sargents in arms today are Carlton Adams, Joe Cook, Bob Rosse, and Martha Parish, thank you for your service. We have four pages today, Hannah Simpson, from Gates County, Ryan Titus from Wake, Patrick Archer from Wayne, and Joseph Bost From ??. Committee staff ?? Perry, Brenda Carter from researcher here, Lin Taylor, Carl Farmer, our clerks, representitive ?? is in another committee today. Two of our bills will be displaced, that is house bill six twenty-one, electronic vehicle titling, and house bill Seven Eighty-Five cross ?? on transportation improvements. The two remaining bills will be covered today, house bill 513 representative Stone is recognized to explain the bill. [SPEAKER CHANGES] Thank you ??, thank you committee today. House bill 513 is a simple bill ?? the deal of place law. This bill simply treats the independent dealers the same as the franchise dealers, any questions? [SPEAKER CHANGES] That is the explanation of the PCS which on motion of representative Stone is for, is there any question for the bill sponsor? Representative Pitman. [SPEAKER CHANGES] For motion proper time? [SPEAKER CHANGES] It's a proper time sir. [SPEAKER CHANGES] I move a full report on house bill 513. [SPEAKER CHANGES] Representative Pitman moves ?? report on PCS to 513 unfavorable to the original bill, this will be reported to the floor, representative Starns. [SPEAKER CHANGES] Well, why does this change ?? thought this was the law of man. [SPEAKER CHANGES] ?? for the staff, to go over the current changes. [SPEAKER CHANGES] Representative Starns, the current law applies to only franchise dealers, this would allow the employees and officers of independent dealers to be covered by this provision. [SPEAKER CHANGES] And one follow up. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] And do you have any idea of how many are out there? These independent dealers. [SPEAKER CHANGES] No sir, I don't. [SPEAKER CHANGES] My guess is that it's a lot of them. [SPEAKER CHANGES] For the discussion for the debate, motion is the approval of the PCS of the house bill 513, all in favor say "I" [SPEAKER CHANGES] "I" [SPEAKER CHANGES] All opposed? Bill carries and will be reported to the floor. [SPEAKER CHANGES] Thank you Mr. ?? and thank you committee. [SPEAKER CHANGES] House bill 673 Bi-optic lenses for drivers license tests. Representative ?? recognized, is there a PCS on this Tim? [SPEAKER CHANGES] No [SPEAKER CHANGES] Okay, a motion of represented of PCS is in front of us. [SPEAKER CHANGES] Thank you Mr. Chairman, members of the committee, I'll make this brief, I like the way transportation committee moves along. This bill is to allow those individuals who have bi-optic lenses to use those during their testing for their drivers license. For those who may not know what a bi-optic lens is, if you have ever seen a surgeon and they have this little thing that looks kind of like a magnifying glass on the end, it sort of sticks out of the glass, that's the best way I know how to describe the bi-optic lens. What it does is it allows those individuals with that vision impairment to be able to, it corrects it so that they can see. They also have to be able to see safely, and you see can see how the bill spells it out, and I will tell you their number of representatives, Mr. Chairman of folks how had asked this bill be filed if the chairman allows them to speak at some point. But we all had a meeting in my office with folks form the DMV, and this language came about as a result of that, and simply it's designed to allow those individuals who have the bi-optic lens to be able to drive and to be able to use those for their testing, but at the same time if a person can not safely operate a motor vehicle than the motion does not have to issue a drivers license.

In a nutshell, that's what it does, mister Chairman. [SPEAKER CHANGES] Thank you Representative Shepard. Oh I'm sorry, did you say you had an amendment to send forward? [SPEAKER CHANGES] No, the PCS incorporated, I didn't know if you wanted to hear from me or any of the folks who had came by. [SPEAKER CHANGES] How many folks have we got that would like to speak? Okay. [SPEAKER CHANGES] Maybe just one or two of the group, if one or two of you wanted to speak. [SPEAKER CHANGES] All right. Representative Gill. [SPEAKER CHANGES] Want to make a motion at the appropriate time. [SPEAKER CHANGES] Representative Gill, you got it. Will you come up to the microphone? The sergeants in arms will show you how to turn it on. Please identify yourself and your organization that you represent, if any, and please limit your comments to three minutes. And please speak your name clearly, because you will be included in the minutes. [SPEAKER CHANGES] My name is Paul Smokowski, and I'm a professor at UNC Chapel Hill. I also represent the coalition of drivers who use BiOptic lenses in order to drive. My colleagues and I, we have over a hundred years of driving experience with perfect safety records. However, we can't get licenses in North Carolina because we can't use our BiOptic glasses in order to take the vision testing. So this is not a tenable situation for consumers. The current law says that BiOptic lenses can be legally used in North Carolina to legally drive. However, they can't be used in order to pass the vision testing. No one has been able to explain that law, and all of our neighboring states, Virginia, Kentucky, Tennessee, Alabama, Mississippi, Georgia, have the type of regulation that this bill allows, which is simply to let BiOptic lenses to be used in the vision testing. And we've developed this bill in association with the medical advisory panel from the DMV. Thank you very much. [SPEAKER CHANGES] Thank you sir. Was there another speaker? I think there's, there's DOT here? [SPEAKER CHANGES] I'm Rita Smallcombe. I'm speaking on behalf of DMV. We actually need an additional amendment to the bill because after we have done research we still do not have the capability to allow testing with the BiOptic lenses. We would like that language stricken from the draft of the bill, and instead the compromise that we have offered is to allow effective drivers to bring statements from their healthcare providers stating what their vision is and that they are safe to operate a motor vehicle. For us to be able to test with the BiOptic lenses, we would have to replace our vision testing equipment in all of our license offices. This is a compromise that we feel where we can accommodate the citizens without having to go to the expense of replacing our equipment. [SPEAKER CHANGES] I think that's what our PCS did. Is that? [SPEAKER CHANGES] The language has not been removed. If you look at different parts of it, it says after using bioptic lenses to, for the eye test, that needs to be taken out everywhere that it's referenced. [SPEAKER CHANGES] Committee will be at ease. Tim? Just so you know, they've worked out, we should have a, an amendment that will fix this bill in five minutes, so rather than displace it and bring it back again, we'll go ahead and get rid of it today. Let's, still have you out of here and plenty of time to get lunch by one o'clock. The committee stands in recess for eight minutes. Will the members take their seats? House committee on transportation is back in order. We have prepared an amendment and Representative Moore will explain it, and I will put it to the committee's discretion. We can take the time to make copies, and if after his explanation you want a copy we'll get you one, or if his explanation is erudite sufficiently that we can vote without you getting additional paper I'll get you out of here quicker. Representative Torbett. [SPEAKER CHANGES] Can we reserve that recommendation until after we hear the explanation? [SPEAKER CHANGES] I think we'll do that. Representative Moore is recognized to explain the amendment. [SPEAKER CHANGES] I just commented, I was the only thing standing between mister Torbett and his nicotine here so I'm gonna make it quick. He's not a kind of guy you want to try to block out too much. What the amendment does, members, if you'll flip to the second page of the bill, and on line two where it says you're gonna strike through the

filing words after using biopic telescopic lens, lenses for the eye test, and your going to strike the same words on line 9. Same thing there and then also in those same sections it has issued a normal drivers license. i was going to say regular class c. its going to say that in line 1 its going to say that it line 9. those amendments were requested by the head of the medical division aot i talked to the member of the advocates that that's clear the reason to strike that language about the after using about biopic telescope lens the actually with all the other certifications wont be able to sit for them and have to sit with them and do the eye test. If you go in your DMV office you will notice that theirs like a thing and you stick your head down there and look at it. Well they cant do that because what i understand is that they have to create pressure, well to do it that lens sticks out to far so its just a practical matter so. With that being said Mr. chairman i would like to move the adoption. Are any members desires-es of having a hard copy of the amendment. saying no the motion of the. Comment Mr. chair. Yes. just a comment. yes Mr. Wilkinson. The explanation was great the hand gesture was much better than that. No extra charge. those in favor of the amendment say i oppose no. okay the bill as before has been amendment further discussion further debate. Representative bill is recognized. Mr. chairman i move for a favorable report to the pcs as amended, and unfavorable to the original bill. Representative bill moves that the amendment be rolled into a new pcs unfavorable to the new pcs favorable to the new bill all in favor say i appose no the I's have it is there further business for the committee the court is adjourned