SENATE COMMITTEE ON TRANSPORTATION

 

 

April 20, 2005                                                                                                         Hearing Room C

3:10 P.M.                                                                                                                     Tapes  53 - 54

 

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 481 – Public Hearing and Work Session

                                                SB 1007 – Public Hearing and Work Session

HB 2223 – Work Session

HB 2114 A – Public Hearing and Work Session

HB 2741 A – Public Hearing and Work Session

HB 2738 – Public Hearing and Work Session

HB 2825 – Public Hearing and 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 53, A

003

Chair Verger

Calls the committee to order at 3:20 p.m.  Opens as a subcommittee.  Opens a public hearing on SB 481.

SB 481 – PUBLIC HEARING

010

Brian Doherty

Miller Nash LLP.  Testifies in support of SB 481.  Submits written testimony and a photo (EXHIBIT A).  Describes the kiosk shown in the photo.  Discusses the input and assistance of the Travel Information Council (TIC).

039

Chair Verger

Wonders about the origins of the measure.  Observes that a full committee is now present.

043

Doherty

Explains the reasoning behind the measure.

057

Chair Verger

Asks who will be building the kiosks.

059

Doherty

Replies that TIC will be building them.

060

Chair Verger

Questions what a travel plaza is.

061

Doherty

Details the travel plaza idea.

070

Cheryl Gribskov

TIC.  Offers testimony in favor of SB 481 and further details the kiosk proposal.

081

Chair Verger

Asks if a work group was involved in crafting the proposal.

084

Gribskov

Replies that the TIC and other industry members worked together.

086

Sen. Whitsett

Wonders about the sale of refreshments at the proposed kiosk.

089

Doherty

Replies the refreshments would be free, provided by a non profit group.

096

Sen. Whitsett

Asks about charitable donations.

100

Doherty

Explains.

107

Sen. Metsger

Asks if it would be operated on public property.

110

Doherty

Replies yes.

113

Sen. Metsger

Questions if it would be legal to solicit for funds.

115

Doherty

Responds that the Oregon Department of Transportation (ODOT) may be able to provide a better answer to the question.

137

John Jackley

Highway Division, ODOT.  Presents written testimony explaining the details of SB 481 (EXHIBIT B).

157

Sen. Whitsett

Asks about soliciting donations for their non profit organization.

163

Jackley

Replies that they accept donations but that they do not actively solicit donations.

170

Sen. Whitsett

Considers how one would accept donations without solicitations.

174

Jackley

Responds that he will leave that distinction up to the Department of Justice (DOJ). Explains that organizations sometimes use a donation can.

177

Sen. Metsger

Questions the differences between soliciting in a rest area and on the freeway.

187

Jackley

Offers he is not clear on the difference and defers to the DOJ.

190

Chair Verger

Observes that HB 2223 would remove the prohibition of solicitation.

193

Sen. Metsger

Explains that it does.

205

Sen. Whitsett

Asks if the non profit groups would require liability insurance.

211

Chair Verger

Offers comments on the issue. Closes public hearing and opens work session on SB 481.

SB 481 – WORK SESSION

250

Sen. Whitsett

MOTION:  Moves SB 481 to the floor with a DO PASS recommendation.

255

Sen. Metsger

Says that he would like to make sure that this decision is consistent with the committee’s next action.

260

Sen. Prozanski

Comments that he is ready to move the bill forward.

270

Chair Verger

Requests that Sen. Whitsett withdraw the motion so the committee can consider the measure later in the meeting.

275

Sen. Whitsett

Withdraws motion.

276

Chair Verger

Closes work session on SB 481 and moves it to the foot of the agenda.  Opens a public hearing on SB 1007.

SB 1007 – PUBLIC HEARING

280

Judith Callens

Committee Administrator. Gives overview of SB 1007.

290

Chair Verger

Asks for someone from the Oregon Department of Transportation (ODOT) to testify.

305

Robin Freeman

ODOT. Explains that she does have the testimony mentioned.

310

Chair Verger

Asks Freeman to look over the summary section of the testimony.

315

Chair Verger

Reads portion of the summary section of the testimony. Asks for Freeman’s interpretation.

325

Freeman

Explains interpretation.

330

Chair Verger

Asks Sen. Prozanski to offer his perspective as an attorney.

331

Sen. Prozanski

Offers that he is not up to speed on the issue.

332

Sen. Metsger

Feels it will be a problem if ODOT does not enforce it.

357

Pat Egan

Port of Portland.  Submits written materials to the committee (EXHIBIT C).  Testifies on SB 1007.

385

Sen. Prozanski

Asks if the person who is moving the chassis is covered under motor carrier law.

389

Egan

Responds.

TAPE 54, A

005

Egan

Notes that the occurrence of chassis related accidents are very remote.

040

Egan

Comments that the U.S. Congress is taking action on the issue.

045

Chair Verger

Asks for a timeline.

047

Egan

Does not know when Congress will take action, but imagines it will be fairly soon.

055

Robin Freeman

Confirms Sen. Prozanski’s statement that ODOT monitors chassis on the highway.

063

Sen. Prozanski

Asks clarifying question. 

068

Freeman

Responds that ODOT has the authority to do safety inspections and that they can give citations.

073

Egan

References what provisions the federal legislation would likely include.

095

Chair Verger

Responds to comment.

098

Egan

Points out Oregon would be the only port given this responsibility and would bear all the costs.  Observes the federal legislation would spread the costs evenly.

117

Chair Verger

Asks Lai for clarity regarding what kind of authority ODOT would have if SB 1007 were to pass.

120

Hanna Lai

Legislative Counsel staff. Responds that she does not have much to offer but that she would be happy to look into it and return an answer to the committee.

130

Sen. Prozanski

Responds to Sen. Verger’s question.

 

Leal Sundet

President, International Longshore & Warehouse Union.  Presents written testimony (EXHIBIT D).  Submits a pair of news articles (EXHIBIT E). Testifies on SB 1007.

207

Sundet

Talks about drivers being paid for each delivery and points out that they want to make as many deliveries as possible. 

230

Sundet

Feels Mr. Egan’s statistics are not accurate as they don’t always take into account the failure of a chassis as a contributing factor of an accident.

248

Chair Verger

Asks if a driver would take a tagged chassis and use it.

252

Sundet

Notes that the chassis are visually inspected and tagged by color.  Discloses that a driver will take whatever chassis is available, regardless of the tag.

268

Chair Verger

Asks clarifying question regarding Sundet’s testimony.

278

Sundet

Acknowledges that SB 1007 is not a perfect bill and says that it is an issue to be addressed.   

300

Sundet

Considers that once the federal legislation is signed it could take more than a year to go into affect. 

332

Chair Verger

Asks if the bit program is stronger.

334

Sundet

Responds to question.

390

Sundet

Outlines the operational costs involved in running a port.

403

Chair Verger

Observes the sharp decline in shipping at the Port of Coos Bay. 

TAPE 53, B

008

Sundet

Responds to comment.

013

Sen. Whitsett

Asks if the $80,000 is salary or total compensation.

015

Sundet

Replies that it would be the salary and then there would be benefits in addition to that.

017

Sen. Whitsett

Asks if the benefits would be another thirty percent.

024

Sundet

Explains that the benefits would be approximately $20,000 for an individual with a salary of $80,000.

027

Sen. Whitsett

Wonders how long after the passage of the bill it would take to go into practice.

030

Sundet

Gives an example of how the process is done in New Jersey.

037

Sen. Whitsett

Questions how many jobs would be created.

041

Sundet

Explains. 

049

Chair Verger

Considers who else he would take this problem to other than the legislature.

055

Sundet

Feels that the owners of chassis should be responsible for maintaining them.

073

Chair Verger

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

SB 1007 – WORK SESSION

080

Chair Verger

MOTION:  Moves SB 1007 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-1-1

AYE:            3 - Sen. Metsger, Sen. Prozanski, Sen. Verger

NAY:            1 - Sen. Whitsett

EXCUSED:  1 - Sen. B. Starr

 

Chair Verger

The motion Carries.

SEN. PROZANSKI will lead discussion on the floor.

090

Chair Verger

Closes work session on SB 1007 and opens a work session on HB 2223.

HB 2223 – WORK SESSION

092

Judith Callens

Committee Administrator.  Explains the provisions of HB 2223 and notes the -1 amendments (EXHIBIT J).

106

Chair Verger

States that the -1 amendments do not replace the bill.

107

Callens

Confirms this.

113

Sen. Prozanski

Asks for Legislative Counsel staff and the Department of Justice to testify.

124

Hanna Lai

Legislative Counsel staff. Testifies in regards to the -1 amendments to HB 2223.

135

Kevin Neely

Department of Justice.  Feels that the -1 amendments would be subjected to a court challenge.  Remarks that legal opinions vary on the issue.

172

Chair Verger

Asks if the only thing that can be passed is the removal of the prohibition of solicitation.

175

Sen. Metsger

Discusses the language of the -1 amendments.  Notes the divided opinion regarding whether or not the amendments are constitutional.

189

Chair Verger

Grapples with the inconsistency she sees with SB 481.

200

Lai

Responds to comments.

202

Sen. Prozanski

Provides details of the court challenge.

228

Sen. Metsger

Feels that it is more prudent to proceed without the -1 amendments.  Returns to the related issues with SB 481. Asks Lai question regarding SB 481.

255

Lai

Asks if the rest areas are public or private.

257

Sen. Metsger

Replies that they are public.

260

Lai

Responds that she is unsure.

263

Sen. Metsger

Offers that the committee might want to take a day or two to make sure SB 481 is ready to be moved.

272

Chair Verger

Wonders where the conflict is with SB 481.

278

Sen. Metsger

Clarifies the “do not solicit” language in SB 481.

280

Sen. Whitsett

MOTION:  Moves HB 2223 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

290

Chair Verger

Closes work session on HB 2223. Asks Brian Doherty to come forward.

295

Brian Doherty

Miller Nash LLP. Offers that he will continue to work out the issues discussed in committee today.

305

Chair Verger

Opens a public hearing on HB 2114 A.

HB 2114 A – PUBLIC HEARING

320

Judith Callens

Committee Administrator. Gives overview of HB 2114 A.

345

Chair Verger

Declares a conflict of interest as she is the owner of a car dealership.

350

Robin Freeman

Oregon Department of Transportation (ODOT).  Presents written testimony in favor of HB 2114 A(EXHIBIT K).

403

Sen. Metsger

Makes clarification regarding interpretation of the law.

TAPE 54, B

008

Freeman

Agrees with Sen. Metsger.

013

Al Elkins

Oregon Tow Truck Association.  Testifies in support of HB 2114 A. 

019

Chair Verger

Close public hearing on HB 2114 A.  Opens a work session on HB 2114A

HB 2114 A – WORK SESSION

022

Sen. Whitsett

MOTION:  Moves HB 2114 A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

032

Chair Verger

Closes work session and opens public hearing on HB 2741 A.

HB 2741 A – PUBLIC HEARING

035

Judith Callens

Committee Administrator. Explains the measure and notes the -A2 amendments (EXHIBIT L).

070

Jim Gardner

Hertz Rent-A-Car.  Testifies in favor of HB 2741. 

110

Gardner

Discusses the –A2 amendments and the reason for drafting them on ODOT’s behalf.  States that he supports the amendments.

117

Sen. Prozanski

Wonders if the dollar amount was agreed to by ODOT as being the amount necessary to cover their costs.

121

Gardner

Replies that they suggested the dollar amount and that ODOT did not object to it.

140

Chair Verger

Closes public hearing and opens a work session on HB 2741 A.

HB 2741 A – WORK SESSION

142

Sen. Whitsett

MOTION:  Moves to ADOPT HB 2741A-A2 amendments dated 04/20/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

150

Sen. Whitsett

MOTION:  Moves HB 2741A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

155

Chair Verger

Closes work session and opens public hearing on HB 2738.

HB 2738 – PUBLIC HEARING

160

Mike Marsh

Oregon Department of Transportation (ODOT). Presents written testimony (EXHIBIT M).

191

Chair Verger

Ask what the change will be.

193

Marsh

Explains.

205

Chair Verger

Closes public hearing and opens work session on HB 2738.

HB 2738 – WORK SESSION

207

Sen. Whitsett

MOTION:  Moves HB 2738 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

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

212

Chair Verger

Closes work session and opens public hearing on HB 2825.

HB 2825 – PUBLIC HEARING

214

Judith Callens

Committee Administrator. Gives overview of HB 2825.

220

Robin Freeman

Oregon Department of Transportation (ODOT). Presents written testimony in favor of HB 2825 (EXHIBIT N).

272

Chair Verger

Closes public hearing and opens work session on HB 2825.

HB 2825 - WORK SESSION

275

Sen. Whitsett

MOTION:  Moves HB 2825 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. B. Starr

 

Chair Verger

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

280

Chair Verger

Closes work session on HB 2825. Announces that the public hearing on HB 2116 will be moved to a committee meeting next week. Adjourns meeting at 5:00 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 481, written testimony, Brian Doherty, 2 pp
  2. SB 481, written testimony, John Jackley, 1 p                                                                     
  3. SB 1007, written materials, Pat Egan, 15 pp
  4. SB 1007, written testimony, Leal Sundet, 6 pp
  5. SB 1007, news articles, Leal Sundet, 5 pp
  6. HB 2223, -1 amendments, staff, 1 p
  7. HB 2388, written testimony, Robin Freeman, 2 pp
  8. HB 2741, -A2 amendments, staff, 1 p
  9. HB 2738, written testimony, Mike Marsh, 2 pp     
  10. HB 2825, written testimony, Robin Freeman, 1 p