HOUSE COMMITTEE ON TRANSPORTATION

 

 

March 21, 2005   Hearing Room C

1:00 P.M. Tapes  28 - 29

 

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Scott Bruun

Rep. Kim Thatcher

 

MEMBER EXCUSED:             Rep. Dave Hunt

 

STAFF PRESENT:                  John Houser, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

HB 2411 – Public Hearing

HB 2108 – 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 28, A

003

Chair Gilman

Calls the meeting to order at 1:01 p.m. Opens a public hearing on

HB 2411.

HB 2411 – PUBLIC HEARING

005

John Houser

Committee Administrator. Introduces HB 2411.

015

Rep. Mitch Greenlick

House District 33. Testifies in support of HB 2411. Explains the need for directional outdoor lighting.

070

Chair Gilman

Offers his personal account of spending the night in a lookout station and being able to see the stars without light pollution from urban areas.

082

Rep. Boone

Explains the need for security lights.

086

Rep. Greenlick

Explains unidirectional lighting and omni-directional lighting.

098

Rep. Burley

Concurs with the considerations of Chair Gilman and Rep. Boone.

110

Jason Tuenge

Cascade Lighting Representatives. Submits and summarizes prepared PowerPoint presentation in support of HB 2411 (EXHIBIT A).

211

Scott Lazenby

Manager, City of Sandy. Testifies in support of HB 2411. Submits and summarizes the Dark Sky Ordinance passed by the City of Sandy and related information (EXHIBIT B). Explains the misperceptions of outdoor lighting needs.

280

John Jackley

Highway Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony in regard to HB 2411 (EXHIBIT C).

354

Rep. Greenlick

States that he will work with stakeholders to address concerns on the issue.

370

Chair Gilman

Closes the public hearing on HB 2411. Opens a public hearing on

HB 2108.

HB 2108 – PUBLIC HEARING

380

John Houser

Committee Administrator. Introduces HB 2108.

400

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and reads prepared testimony in regard to HB 2108 (EXHIBIT D).

TAPE 29, A

048

Michael Ward

Division of Motor Vehicles (DMV). Submits and summarizes “Driver & Motor Vehicle Services Fraudulent Document Identification” (EXHIBIT E). Explains the employee training program to address fraudulent documents and fraudulent aspects of documents.

103

Rep. Burley

Asks if DMV requires a social security number to receive a driver license.

106

Ward

Answers yes.

110

Rep. Burley

Asks if the social security numbers are verified.

115

Ward

Answers that the social security numbers are collected but not verified. Displays for the committee examples of document authentication and fraudulent documents.

228

Kevin Campbell

Executive Director, Oregon Association Chiefs of Police. Testifies in support of HB 2108 and the -2 amendments (EXHIBIT F).

288

Rep. Bruun

Asks if DMV accepts a foreign passport for driver licenses and asks how foreign documents are treated.

304

Ward

Answers that DMV does accept foreign documents, but they must be translated and notes that foreign documents are sometimes difficult to verify.

330

Rep. Bruun

Clarifies that if there are validity concerns, a license may not be issued, but the documents would not be retained.

332

Ward

Answers yes.

334

Rep. Boone

Notes that while traveling in the Soviet Union, her passport was taken at hotels and in trains and points out that she was without her passport most of the time.

354

Chair Gilman

States that on a train trip in Russia in 2004, his passport was taken.

357

Rep. Bruun

Expresses concern that documents are arbitrarily taken.

368

Rep. Thatcher

Explains her identity theft case in which the suspect used a Bi-Mart card as identification and asks if documents of that type would be retained.

376

Ward

Explains the high standards for issuing new licenses, but notes that renewal licenses require less secure methods for issuance.

420

Andrea Meyer

Legislative Director, ACLU. Submits and reads prepared testimony in opposition to HB 2108 (EXHIBIT G).

TAPE 28, B

061

Edwardo Angulo

Chairman, Salem-Keizer Coalition for Equality. Testifies in opposition to HB 2108. Expresses concern about documents being confiscated and the process to return them.

135

Rep. Boone

Asks what would be considered adequate training for examining documents.

138

Angulo

Answers that he would defer to document experts.

142

Meyer

Discusses current and potential training document examination requirements. Notes that documents will be taken mistakenly.

156

Rep. Boone

Asks how often documents are confiscated.

161

Ward

Cites a survey that indicates that documents are confiscated “a couple times a week”, but when it is limited to U.S. issued documents the number decreases dramatically. Hopes that publicity surrounding the bill will discourage people from attempting to use fraudulent documents. Explains the DMV training for recognizing false documents is the best available. Explains the procedure for identifying false documents.

196

Rep. Burley

Asks for an explanation of why the training standards are not adequate.

200

Meyer

Explains that she did not focus on the adequacy of the training and notes the problems that arise when legitimate documents are confiscated.

218

Rep. Burley

Asks about a chain of custody for confiscated documents.

226

Ward

Explains that the proposed process would be to issue a form to the document holder indicating where the documents are and a timeframe for potentially returning the document.

248

Rep. Beyer

Asks how DMV would notify the public of changes in the procedures for handling fraudulent documents.

256

Ward

Explains how DMV informs the public when changes in policy are implemented.

264

Rep. Bruun

Asks about the procedure for examining documents to prevent undue embarrassment of people.

278

Ward

Explains that their customer service procedures address issues sensitively and attempt to avoid embarrassment while still performing their duties.

313

Rep. Burley

Asks how to improve the chain of custody and time considerations for individuals who have their documents retained.

336

Ward

Explains that when DMV takes a document, it is likely that the document is fraudulent and DMV works to ensure that the process is as quick and thorough as possible.

352

Rep. Boone

Asks how often DMV has incorrectly confiscating documents.

358

Ward

Answers that he is unsure because there is no process in place since DMV cannot confiscate documents.

368

Rep. Beyer

States that she still has concerns about the bill.

385

Chair Gilman

States that the committee will wait to take action on the bill based on possible amendments.

394

Meyer

Notes that the committee is beginning to address the problems with the process.

TAPE 29, B

009

Rep. Boone

Asks how the process should be expedited.

019

Meyer

Explains that a clear timeframe should be in statute.

038

Rep. Boone

Asks about the one or two incidents per week of individuals attempting to use fraudulent documents.

042

Meyer

Asks for a clarification of the number of times fraudulent documents are identified.

048

Ward

Explains that the one or two fraudulent documents per week is the state average.

050

Rep. Boone

Asks if there is one particular document that is a consistent problem.

055

Ward

Answers that there are many different documents that are used fraudulently.

063

Rep. Beyer

Asks if the one or two fraudulent documents per week are per office or statewide.

065

Ward

Answers that it is statewide.

067

Rep. Burley

Notes that the intent of the bill is to prevent identity theft but there needs to be work on improving the process. Expresses concern about a statewide standard that does not work for all jurisdictions.

078

Freeman

Explains the law enforcement processes for false applicants.

100

Ramon Ramirez

President, Oregon Farm Workers Union (PCUN). Testifies in opposition to HB 2108. Gives examples of the confiscation of legal documents and the associated problems. Stresses that confiscated documents must not be destroyed and returned to owners when appropriate.

180

Rep. Beyer

Asks how long the Latino Task Force set forth by DMV has been in effect.

192

Ramirez

Answers that it was started in December 2004 and they have met three times. Commends DMV for working with the community.

203

Chair Gilman

Closes the public hearing on HB 2108. Adjourns the meeting at 2:39 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2411, PowerPoint presentation, Jason Tuenge, 3 pp
  2. HB 2411, City of Sandy Dark Sky Ordinance and information, Scott Lazenby, 9 pp
  3. HB 2411, prepared testimony, John Jackley, 2 pp
  4. HB 2108, prepared testimony and information, Robin Freeman, 11 pp
  5. HB 2108, prepared information, Michael Ward, 3 pp
  6. HB 2108, -2 amendments, staff, 1 p
  7. HB 2108, prepared testimony, Andrea Meyer, 2 pp