HOUSE COMMITTEE ON TRANSPORTATION

 

April 13, 2005 Hearing Room C

1:00 P.M. Tapes  46 - 47

 

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Scott Bruun

Rep. Dave Hunt

Rep. Kim Thatcher

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

HB 2937 – Public Hearing and Work Session

HB 3088 – Public Hearing and Work Session

                                                HB 3089 – Public Hearing and Work Session

                                                HB 2429 – 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

Chair Gilman

Calls the meeting to order at 1:09 p.m. Opens a public hearing on

HB 2937.

HB 2937 – PUBLIC HEARING

007

Patrick Brennan

Committee Administrator. Introduces HB 2937.

014

Paul Romain

Oregon Petroleum Association (OPA). Submits prepared information materials (EXHIBIT A) and testifies in support of HB 2937.

047

Ed Johnston

Resident, Lincoln County. Testifies in opposition to HB 2937. Explains the potential for mistakes and misuse of the system.

098

Rep. Bruun

Asks if driving is a constitutional right.

101

Johnston

Answers that driver’s licenses were first issued when automobiles began to be used and that privileges associated with the licenses were introduced in the 1960s.

107

Rep. Hunt

Points out that a driver’s license may be revoked for a number of reasons. Asks if any of those reasons are appropriate for revoking a driver’s license.

110

Johnston

Explains that the use of some breath mints or cough medicines that contain alcohol can result in a false positive breathalyzer test and loss of a driver’s license.

129

Rep. Hunt

Notes that the loss of a driver’s license results from a conviction, not an accusation.

132

Johnston

Concurs and reiterates that the process may be misused.

148

Rep. Hunt

Asks if the logical extension of Mr. Johnston’s argument is that no one should be punished by local governments.

151

Johnston

Argues that laws are already in place to address crimes and that more of the same type of laws are not needed.

192

Rep. Thatcher

Expresses concern that the language in the bill is too broad. Asks if the bill was intended to address those who drive away from gas stations without paying or those who steal gas from other vehicles.

210

Chair Gilman

Presumes that HB 2937 would cover both instances.

214

Romain

Concurs that the measure would cover both instances.

222

Rep. Thatcher

Points out that not all who steal gasoline have a driver license to be revoked.

226

Romain

Explains that one would still be convicted of theft, but that in such cases the revocation of driver’s license would not be triggered.

240

Rep. Thatcher

Inquires if other states that have addressed the issue have used similar  language.

242

Romain

Answers that he thinks it is similar to other states.

251

Rep. Bruun

Asks whether assessing one set of penalties for someone with a driver’s license and another set for those without would amount ot unequal treatment and thus create a constitutional issue.

260

Romain

Replies that the crime punishment can be set for an individual location.

273

Rep. Bruun

Asks for the difference in punishment for one who has a license versus those who do not.

281

Romain

Maintains that there is no constitutional issue.

293

Chair Gilman

Asks how often gas is stolen from gas stations.

296

Romain

Answers that he does not have statistics on the number of instances, only more anecdotal reports of theft.

303

Rep. Thatcher

Asks if there have been fewer instances of gas theft in other states where similar laws have been passed.

307

Romain

Answers that the evidence is anecdotal, but that it seems to be working as a deterrent.

310

Rep. Hunt

Asks who would pay for the decals at gas stations warning people of the penalties if the law was passed.

313

Romain

Answers that OPA would probably produce such signs.

324

Rep. Beyer

Asks if police typically follow up on gas theft cases.

330

Romain

Answers that it depends on the jurisdictions and the amount of time and effort the police can dedicate to the cases.

334

Rep. Boone

Notes the current high cost of gasoline.

347

Romain

Responds that the dealers do not set the price of gas and they lose money when the price of gas goes up.

356

Johnston

Explains that gas station workers are expected to pay for gas that is stolen.

393

Rep. Beyer

Asks for a rebuttal of employees being required to pay for gas that is stolen.

406

Romain

Explains that workers are not fired for gas stolen by someone else.

415

Rep. Beyer

Asks if gas station workers are responsible for gas stolen by someone else.

419

Romain

Answers no.

423

Chair Gilman

Closes the public hearing and opens a work session on HB 2937.

HB 2937 – WORK SESSION

428

Rep. Hunt

MOTION:  Moves HB 2937 to the floor with a DO PASS recommendation.

432

Rep. Thatcher

States that she would prefer that the intent of the bill be narrowed to address the specific problem of gasoline theft from filling stations.

 

 

VOTE:  6-0-1

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

EXCUSED:  1 – Burley

(Note: See Tape 47, A at 150 and Page 4 of these minutes)

440

Chair Gilman

The motion CARRIES.

REP. GILMAN will lead discussion on the floor.

444

Chair Gilman

Closes the work session on HB 2937. Opens a public hearing on

HB 3088.

TAPE 47, A

HB 3088 – PUBLIC HEARING

024

Patrick Brennan

Committee Administrator. Introduces HB 3088.

035

Darrell Fuller

Regulatory Affairs Director, Oregon Automobile Dealers Association. Submits and summarizes prepared testimony in support of HB 3088 (EXHIBIT B). Explains the problem with dealer license plates that under current law are invalid if on a vehicle that has expired registration tags from another state.

081

Rep. Boone

Notes that there have been few complaints and asks why the exemption was initially placed in statute.

085

Fuller

Explains that he worked with the Division of Motor Vehicles (DMV) to determine that but says they could not determine why it was there.

095

Rep. Boone

Asks if the problem could be rectified by rule rather than statute.

098

Fuller

Answers that the language is statutory and cannot be changed by administrative rule.

103

Rep. Boone

Asks how dealers would purchase vehicles with expired registration since they could not be driven legally.

106

Fuller

Answers that dealers get cars from auctions and elsewhere and they often expire on the lot.

136

Chair Gilman

Closes the public hearing and opens a work session on HB 3088.

HB 3088 – WORK SESSION

140

Rep. Bruun

MOTION:  Moves HB 3088 to the floor with a DO PASS recommendation.

 

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

147

Chair Gilman

Closes the work session on HB 3088 and reopens the work session on   HB 2937.

HB 2937 – WORK SESSION

150

Rep. Burley

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. BURLEY to BE RECORDED as voting AYE on the motion to move  HB 2937 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

165

Chair Gilman

Closes the work session on HB 2937. Reopens the work session on

HB 3088.

HB 3088 – WORK SESSION

167

Rep. Bruun

MOTION:  Moves HB 3088 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

170

Chair Gilman

Closes the work session on HB 3088. Opens a public hearing on       HB 3089.

HB 3089 – PUBLIC HEARING

174

Patrick Brennan

Committee Administrator. Introduces HB 3089.

179

Darrell Fuller

Regulatory Affairs Director, Oregon Automobile Dealers Association (OADA). Submits and summarizes prepared testimony in support of HB 3089 (EXHIBIT C) and HB 3089-1 amendments (EXHIBIT D).

262

Rep. Hunt

Asks if anyone sells cars without holding a valid vehicle dealer’s certificate.

265

Fuller

Answers that anyone who sells cars in Oregon must have a vehicle dealer’s certificate.

268

Rep. Thatcher

Asks if the Division of Motor Vehicles (DMV) works with the Oregon Dealers Association Committee (ODAC).

272

Fuller

Answers that DMV is not required to work with them, but says the department usually brings issues to the committee before beginning the rulemaking process. Notes that ODAC is a statutory committee.

303

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony regarding HB 3089 (EXHIBIT E).

312

Rep. Burley

Asks if the -1 amendments are acceptable to ODOT.

314

Freeman

Answers yes.

320

Rep. Burley

Asks for a clarification for the reason that the amendments use “may” as opposed to “shall”.

329

Fuller

Explains that it was Legislative Counsel’s decision to use that particular language. States that OADA works to ensure that proper rules are written and followed.

343

Rep. Hunt

Requests clarification that if ODOT does not establish rules, then dealers could operate under conditions outlined in statute.

353

Freeman

Answers affirmatively.

357

Rep. Hunt

Requests clarification that until such rules are adopted dealers could operate under conditions outlined in statute.

360

Freeman

Answers yes.

365

Chair Gilman

Closes the public hearing opens a work session on HB 3089.

HB 3089 – WORK SESSION

368

Rep. Hunt

MOTION:  Moves to ADOPT HB 3089-1 amendments dated 4/12/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

373

Rep. Hunt

MOTION:  Moves HB 3089 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. HUNT will lead discussion on the floor.

384

Chair Gilman

Closes the work session on HB 3089. Opens a public hearing on

HB 2429.

HB 2429 – PUBLIC HEARING

400

Patrick Brennan

Committee Administrator. Introduces HB 2429.

TAPE 46, B

011

MaryAnn Trout

Hillsboro Auto Wrecking. Testifies in support of HB 2429. Explains the intent of the bill.

034

Mark Forcum

Foster Auto Parts. Testifies in support of HB 2429. Explains the record keeping requirements in the bill and the language change from “wrecker” to “dismantler” throughout statute. Describes the consumer protection aspects of the bill.

072

Rep. Thatcher

Asks for an explanation of the -1 amendments (EXHIBIT F).

080

Forcum

Explains the intent of the amendments.

090

Rep. Thatcher

Asks why the sum of the bond is being changed from $2,000 to $10,000.

098

Forcum

Answers that the bond reflects the increased costs of salvage.

111

Rep. Bruun

Asks how long the bond has been set at $2,000.

113

Forcum

Answers that it has been $2,000 for 30 years.

115

Rep. Bruun

Asks what the cost to a dismantler would be on a $10,000 bond.

118

Trout

Answers that the cost of a three-year, $40,000  bond is $1,000.

126

Barbara Crest

Northwest Automotive Trades Association (NATA). Submits prepared testimony and information including proposed -1 amendments in support of HB 2429 (EXHIBIT F).

 

129

Robert Anderson

President, NATA. Submits and summarizes prepared testimony in support of HB 2429 (EXHIBIT G).

175

Rep. Boone

Offers the example of a dealership on the Tillamook Bay that has been cited by the Environmental Protection Agency (EPA). Asks for an explanation of clean-up provisions.

183

Anderson

Explains that Marion County cannot afford to close and take over lands.

193

Rep. Thatcher

Asks if NATA coordinates with the Oregon Department of Transportation (ODOT).

198

Crest

States that the auto recyclers are represented on ODAC.

200

Rep. Beyer

Commends the work done on HB 2429. States that the bill addresses a significant consumer protection issue.

210

Darrell Fuller

Regulatory Affairs Director, Oregon Automobile Dealers Association (OADA). Expresses concerns with HB 2429.

241

Rep. Burley

Asks if the -1 amendments address the concerns of OADA regarding dealing auto parts.

250

Fuller

Answers no.

255

Rep. Thatcher

Asks about the effect of the bill on auto parts dealers.

260

Forcum

Reiterates that the intent of the bill is not to affect auto parts dealers.

271

Fuller

Explains that auto dealers sometimes buy used component parts as requested by customers.

278

Rep. Thatcher

Asks if the bill is intended to track the parts used in auto repairs.

287

Forcum

Explains auto parts requirements.

296

Rep. Thatcher

Asks if a clearer definition is needed.

298

Forcum

Answers no.

306

Rep. Thatcher

Clarifies that small auto repair operations are not affected.

311

Forcum

Answers no, unless they are buying cars to procure parts to put on customers’ cars.

316

Rep. Burley

Asks if mechanics are considered dismantlers.

320

Forcum

Answers no.

325

Rep. Burley

Asks about reconditioned parts sold in retail stores.

328

Forcum

Answers that retail stores are documented separately.

344

Robin Freeman

ODOT. Submits and summarizes prepared testimony regarding         HB 2429 (EXHIBIT H).

404

Rep. Burley

Asks for a citation of amendment language regarding what constitutes a loss.

412

Freeman

Answers that she will provide the information.

422

Chair Gilman

Closes the public hearing on HB 2429. States that the committee will be scheduling a field trip to the Mexican Consulate in Portland. Adjourns the meeting at 2:33 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2937, prepared information, Paul Romain, 2 pp
  2. HB 3088, prepared testimony, Darrell Fuller, 1 p
  3. HB 3089, prepared testimony, Darrell Fuller, 1 p
  4. HB 3089, -1 amendments, staff, 1 p
  5. HB 3089, prepared testimony, Robin Freeman, 1 p
  6. HB 2429, prepared testimony and -1 amendments, Barbara Crest, 47 pp
  7. HB 2429, prepared testimony, Bob Anderson, 1 p
  8. HB 2429, prepared testimony, Robin Freeman, 2 pp