SENATE COMMITTEE ON TRANSPORTATION

 

 

April 4, 2005                                                                                                           Hearing Room C

3:10 PM                                                                                                                        Tapes 46 - 47

 

MEMBERS PRESENT:         Sen. Doug Whitsett, Vice-Chair

Sen. Rick Metsger

Sen. Floyd Prozanski

Sen. Bruce Starr

 

MEMBER EXCUSED:          Sen. Joanne Verger, Chair

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

James Goulding, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

                                                SB 70 – Work Session

                                                SB 998 – Public Hearing and Work Session

                                                SB 1007 – Public Hearing

 

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 46, A

003

Sen. Whitsett

Calls the committee to order at 3:17 p.m.  Opens a work session on SB 70.

SB 70 – WORK SESSION

010

Judith Callens

Committee Administrator.  Explains the provisions of the measure.

020

Sen. B. Starr

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

023

 

VOTE:  4-0-1

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

EXCUSED:  1 – Verger

 

Sen. Whitsett

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

025

Sen. Whitsett

Closes work session on SB 70.  Opens a public hearing on SB 998.

SB 998 – PUBLIC HEARING

027

Callens

Offers an overview of the measure.  Observes there are proposed -1 amendments (EXHIBIT A) to the measure.

045

Darrell Fuller

Oregon Auto Dealers Association (OADA).  Presents his written testimony in favor of SB 998 with the -1 amendments (EXHIBIT B).

063

Daniel Fuller

Student, Englewood Elementary School in Salem.  Reads his written testimony in favor of SB 998 to the committee (EXHIBIT C).

072

Sen. Metsger

Jokes if Daniel Fuller is a registered lobbyist yet.

074

Daniel Fuller

Replies.

077

Sen. Prozanski

Wonder what size trucks Daniel Fuller gets to play with.

079

Daniel Fuller

Responds that he only gets to play with remote control cars.

081

Sen. Prozanski

Commends Daniel Fuller on his testimony.

085

Sen. Whitsett

Closes the public hearing on SB 998.  Opens a work session on SB 998.

SB 998 – WORK SESSION

090

Sen. Prozanski

MOTION:  Moves to ADOPT SB 998-1 amendments dated 3/30/05.

095

 

VOTE:  4-0-1

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

EXCUSED:  1 – Verger

 

Sen. Whitsett

The motion CARRIES.

100

Sen. Prozanski

MOTION:  Moves SB 998 to the floor with a DO PASS AS AMENDED recommendation.

104

 

VOTE:  4-0-1

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

EXCUSED:  1 – Verger

 

Sen. Whitsett

The motion CARRIES.

SEN. B. STARR will lead discussion on the floor.

110

Sen. Whitsett

Closes work session on SB 998.  Opens a public hearing on SB 1007.

SB 1007 – PUBLIC HEARING

112

Callens

Explains the provisions of the measure.

130

Lynn Lehrbach

Joint Counsel of Teamsters No. 37.  Presents his written testimony in favor of SB 1007 (EXHIBIT D).

190

Lehrbach

Talks about the color coded tagging system to indicate chassis condition.

250

Lehrbach

Discusses the lack of inspection of chassis when they leave the container terminal

300

Lehrbach

Relates the workings of the proposed legislation in increasing enforcement of proper chassis inspection.

340

Lehrbach

States that if the federal laws won’t address this situation, the state of Oregon should.

360

Sen. Whitsett

Asks who owns the chassis.

361

Lehrbach

Replies that the shipping lines own them.

363

Sen. Whitsett

Questions how they would enforce this, when a chassis comes in from another state.

375

Lehrbach

Defers the question to Mr. Zander.

387

Scott Zander

International Longshore & Warehouse Union, Local 8.  Replies.  Observes that they receive chassis from all over.

397

Michael Gardner

Portland Longshoreman.  Presents the written testimony of Leal Sundet (EXHIBIT E) who could not attend the committee.

TAPE 47, A

005

Gardner

Continues to present testimony in favor of SB 1007.

035

Gardner

Details the proposed inspection process changes.

040

Sen. Metsger

Points out an alternative approach would be to make chassis owners more responsible by enforcing a strict penalty on them.

055

Lehrbach

Offers previous attempts to address this problem from that angle.

069

Sen. Metsger

Relates that businesses would not take a chance if there was the threat of a significant financial penalty.

085

Lehrbach

Feels the port is not at fault, but that they are not being adequately reimbursed for inspections.

087

Sen. Metsger

Considers that increased liability would make the port more inclined to address this problem.

095

Scott Zander

Presents his written testimony in favor of SB 1007 (EXHIBIT F).

125

Zander

Relates the problems with drivers being able to take any chassis that is available, regardless of their condition. 

150

Kevin Clark

International Longshore and Warehouse Union, Local 40.  Presents written testimony to the committee in favor of SB 1007 (EXHIBIT G).

200

Rick Christensen

International Longshore and Warehouse Union, Local 40.  Testifies in support of SB 1007.  Discusses inspection process and wonders how some chassis pass.  Feels this is an essential public safety issue.

225

Sen. Metsger

References Mr. Clark’s written testimony.  Wonders why the Port of Portland objects to the inspections.

230

Clark

Replies he doesn’t know why the port objects.

243

Sen. Metsger

Notes he would like to hear from the port on this issue.

245

Sen. Prozanski

Questions the process of tightening down the brakes on a chassis.

250

Christensen

Outlines the process. 

265

Sen. Prozanski

Notes his unfamiliarity with the chassis brake system.

267

Christensen

Provides additional details on how the brakes can be adjusted.

275

Pat Egan

Port of Portland.  Presents summary of federal legislation HR 3, which has passed the U.S. House of Representatives, that addresses chassis rule-making (EXHIBIT H).  Testifies in opposition to SB 1007.  Discusses the problem with the proposed legislation, and advocates the authority should remain with the federal government. 

320

Egan

Voices concern that the measure would almost exclusively apply to the Port of Portland and a few other Oregon ports. 

355

Egan

Observes shortcomings with SB 1007.  Feels inspection law must apply to all sectors of interstate commerce and not just one sector.

380

Ken Armstrong

Oregon Ports Group.  Testifies against SB 1007 and echoes Mr. Egan’s comments.  Discusses his concerns that state regulations would interfere with federal regulations.

397

Robin Freeman

Oregon Department of Transportation (ODOT).  Presents the written testimony of Gregg Dal Ponte (EXHIBIT I), who was unable to attend.

TAPE 46, B

005

Freeman

Testifies in regards to her concerns with a specific problem within the proposed statute changes.  Points out the chassis owners are shippers and not motor carriers.

030

Sen. Metsger

Expresses his concern that there is little safety consideration in their testimony.  Feels that their testimony does not acknowledge the existence of the problem.

045

Egan

Offers they care a great deal about safety.  Talks about the number of inspections performed at the Port of Portland.  Reiterates the need for uniform standards, to prevent other ports from gaining an advantage.

063

Sen. Metsger

Asks Mr. Egan to comment on Mr. Clark’s statement that they were asked to stop their inspection service.

067

Egan

Replies he does not know specifically but will get that information back to him.

071

Sen. B. Starr

Questions who would bear the financial liability for an accident.

080

Egan

Considers it would be a case by case basis.  Assumes the owner of the chassis would carry the majority of the liability.

090

Sen. B. Starr

Feels there needs to be someone who carries the responsibility.

100

Sen. Prozanski

Notes that it would create a lawsuit situation.  Wonders that if the federal government doesn’t move forward on HR 3, Oregon should take some action. 

119

Egan

Describes the liability situation with SB 1007, and advocates the need for a federal standard. 

137

Sen. Prozanski

States his surprise that they can’t suspend the licenses on some of the trucks.  Assumes ODOT can cite vehicles for safety violations.

145

Freeman

Replies he is correct.  Notes ODOT has the ability to issue safety citations.

150

Sen. Whitsett

Considers the scope of this problem.  Wonders how often problems occur.

153

Freeman

Replies she does not know, but will provide that information to him.

160

Sen. Whitsett

Asks Mr. Egan for a comparison of current inspection practices with those that are proposed in SB 1007.

162

Egan

Observes that the primary difference would be adding a mandatory brake inspection to the usual visual inspection.  Relates he does not know the estimated cost from additional inspections proposed under SB 1007.

185

Sen. Whitsett

Requests that Mr. Egan submit additional information.  Closes public hearing on SB 1007.  Adjourns committee at 4:26 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 998, -1 amendments, staff, 10 pp
  2. SB 998, Written testimony, Darrell Fuller, 1 p
  3. SB 998, Written testimony, Daniel Fuller, 1 p
  4. SB 1007, Written testimony, Lynn Lehrbach, 6 pp
  5. SB 1007, Written testimony of Leal Sundet, Michael Gardner, 6 pp
  6. SB 1007, Written testimony, Scott Zander, 3 pp
  7. SB 1007, Written testimony, Kevin Clark, 5 pp
  8. SB 1007, H.R. 3 Summary, Pat Egan, 2 pp
  9. SB 1007, Written testimony of Gregg Dal Ponte, Robin Freeman, 2 pp