HOUSE COMMITTEE ON TRANSPORTATION

 

 

April 15, 2005 Hearing Room C

1:00 P.M. Tapes  48 - 49

 

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Dave Hunt

 

MEMBER EXCUSED:             Rep. Scott Bruun

Rep. Kim Thatcher

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

HB 3121 – Public Hearing

HB 3126 – Public Hearing

                                                HB 3261 – Public Hearing

                                                HB 3384 – 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 48, A

003

Chair Gilman

Calls the meeting to order at 1:07 p.m. Opens a public hearing on      HB 3121.

HB 3121 – PUBLIC HEARING

007

Patrick Brennan

Committee Administrator. Introduces HB 3121.

016

Phil Stenbeck

Senior Planner, Douglas County Planning Department. Submits and summarizes prepared testimony and photograph in support of HB 3121 (EXHIBIT A).

047

Rep. Burley

Asks if it is possible to retrieve the vehicle identification number (VIN) from the vehicle in the photograph.

049

Stenbeck

Answers that a VIN can sometimes be retrieved from a vehicle in such condition.

051

Rep. Burley

Expresses concern about placing dismantlers in a difficult situation regarding possession and disposal of vehicles.

060

Al Elkins

Oregon Tow Truck Association. Testifies in support of HB 3121. Notes the support of Rep. Susan Morgan.

070

Rep. Burley

Asks if Mr. Elkins is familiar with the wreckers’ bill, HB 2429.

071

Elkins

Answers yes.

074

Rep. Burley

Notes that wreckers need title to legally take possession of a vehicle, but tow truck operators do not.

078

Elkins

Offers clarification.

085

Gary Coe

Speed’s Towing. Explains that they hold weekly auctions to get rid of unwanted vehicles. Explains the lien process and retrieval of VIN with attempts to contact the vehicle’s registered owner.

106

Chair Gilman

Closes the public hearing on HB 3121. Opens a public hearing on

HB 3126.

HB 3126 – PUBLIC HEARING

107

Patrick Brennan

Committee Administrator. Introduces HB 3126.

122

Kristan Mitchell

Oregon Refuse and Recycling Association. Testifies in support of     HB 3126. Acknowledges that there are potential issues with the legislation and notes the work that has been done. Introduces Mike Monroe.

140

Mike Monroe

Umatilla County Solid Waste Committee. Testifies in support of       HB 3126. Explains the problem of abandoned vehicles, including who is responsible. Commends Rep. Bob Jenson for his work on the bill. Addresses the cost and environmental issues of dealing with abandoned vehicles.

183

Monroe

Explains that tow truck operators bear the cost of picking up abandoned vehicles and argues that the cost should be borne by the public. Notes the work of fixing the lien process.

228

Rep. Hunt

Asks about the minimum fine of $250 when a vehicle is abandoned and notes that if a person tried to dispose of a car, the fine would still be $50.

241

Monroe

Explains that the $250 minimum fine if for those who have made no effort to pay the tow bill. States that the violator would have to pay a minimum of $50. Notes that the problem is that a conviction does not solve the problem of abandoned vehicles.

273

Rep. Hunt

Asks if someone who has made proper arrangements to have a vehicle taken care of could still be fined before being convicted.

293

Monroe

Notes that he will be looking at the language to address such issues.

297

Rep. Burley

Asks if convictions are hard to obtain because law enforcement does not have the resources to investigate abandoned vehicles.

300

Monroe

Answers yes. Explains that there have been 41 convictions for abandoning a vehicle. States that in his 18 years operating a towing service, he has never seen a conviction issued.

320

Rep. Burley

Asks if the requirement for a conviction should be eliminated and what the mechanism would be to suspend driving privileges.

328

Monroe

Answers that the owners who abandon their vehicles should have their driving privileges suspended and should not be allowed to register another vehicle through the Division of Motor Vehicles (DMV) until the situation is addressed.

345

Rep. Burley

Asks if the statutory language is acceptable.

351

Monroe

Answers that the language is changed by the bill.

360

Rep. Beyer

Notes that she has come to recognize that many abandoned vehicles do not have value.

374

Monroe

Acknowledges that the bill is a start in addressing the issue. Notes that in Philadelphia, the towers quit over a similar issue and the city had to pay $600,000 to have the vehicles towed.

406

Al Elkins

Director, Oregon Tow Truck Association. Testifies in support of       HB 3126. States his desire to work with sponsors to address issues with bill language. Notes the magnitude of the issue of vehicle abandonment.

TAPE 49, A

014

Rep. Burley

Asks who served on the work group.

016

Elkins

Answers that Rep. Jenson suggested a work group to address the bill language and that Kristan Mitchell led the group.

020

Rep. Burley

Asks the work group to examine both HB 3121 and HB 3126 and to look at other bills for potential conflicts.

026

Chair Gilman

Mentions that Rep. Jenson contacted him before the legislative session to offer to work with the work group.

032

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and reads prepared testimony regarding HB 3126 (EXHIBIT B).

071

Rep. Burley

Asks if driving privileges can be suspended without a conviction.

076

Freeman

Answers that she has contacted DMV to see and will get the information for the committee.

082

Rep. Burley

Asks about the fines and penalties that must be paid to get a driver license back. Estimates that the fines would amount to approximately $175.

090

Freeman

Answers that the fine would be collected by the courts.

095

Rep. Burley

Requests clarification that DMV would collect the fee of $50, plus the $75 to reinstate driving privileges.

097

Freeman

Answers affirmatively.

098

Rep. Burley

Asks if programming would be necessary to incorporate license suspensions if the $50 fee was not included.

102

Freeman

Answers yes, but that it would be less programming.

105

Rep. Hunt

Asks if the problem is a lack of citations issued and whether it might be possible to direct fees to issue more citations.

114

Freeman

Answers that the work group will address the issue. Says that DMV seeks the input of law enforcement and notes that people who abandon vehicles can be difficult to locate.

122

Chair Gilman

Expresses concern about the ability to retrieve money from a vehicle owner.

130

Rep. Burley

Wonders if owners would care if their driving privileges were suspended and whether this is the best way to develop policy that is enforceable and would achieve the necessary objectives.

133

Freeman

Acknowledges that it is a problem.

142

Phil Stenbeck

Senior Planner, Douglas County Planning Department. Notes that he was present for the work group. Explains that there was a consensus that HB 3121 is cleaner and can move through the process and that    HB 3126 is more complex.

167

Chair Gilman

Closes the public hearing on HB 3126. Opens a public hearing on     HB 3261.

HB 3261 – PUBLIC HEARING

170

Patrick Brennan

Committee Administrator. Introduces HB 3261. Notes the -1 amendments (EXHIBIT C) and written testimony submitted by Rep. Jeff Kropf, House District 17 in support of HB 3261 (EXHIBIT D).

181

Chair Gilman

Closes the public hearing on HB 3261. Opens a public hearing on     HB 3384.

HB 3384 – PUBLIC HEARING

188

Rep. Beyer

Testifies in support of HB 3384. Explains the history of the driver education program.

228

Sandra Bishop

Driving School Association of Oregon. Submits and summarizes prepared testimony in support of HB3384 (EXHIBIT E).

335

Bishop

Explains the -1 amendments (EXHIBIT F).

TAPE 48, B

020

Richard Ubel

President, Driving School Association of Oregon. Submits and summarizes prepared testimony in support of HB 3384 (EXHIBIT G). Explains the problems with the Transportation Safety Division’s administration and overregulation of the Graduated Driver License program.

091

George Doddington

President, Oregon Driver Training Institute. Testifies in support of    HB 3384.

154

Frank West

Driving Instructor, Chemeketa Community College. Testifies in opposition to HB 3384. Describes the implementation of the Graduated Driver License Program. Notes that he is unaware of any support from public high schools and community colleges for the establishment of a committee.

217

Rep. Beyer

Asks if Mr. West is on the advisory committee.

221

West

Answers no.

223

Rep. Beyer

Solicits Mr. West’s opinion whether the committee would do more harm than good.

225

West

Answers that it is possible. Argues that it will not help achieve what needs to be achieved.

237

Rep. Hunt

Asks if the composition of the committee, three high school instructors, three community college instructors, three private instructors, and two parents of young drivers, would be acceptable. Inquires whether the tasks of the committee would be appropriate.

245

West

Answers that the composition is good, but notes that he is not sure of the proposed committee tasks.

271

Troy Costales

Administrator, Transportation Safety Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony regarding HB 3384 (EXHIBIT H).

315

Costales

Explains the history of ODOT’s involvement in the driver school and committee.

TAPE 49, B

005

Costales

Acknowledges the -1 amendments, but notes that he has not had a chance to examine them.

011

Rep. Hunt

Acknowledges that there is a problem with the committee and asks what changes would be necessary.

018

Costales

Answers that putting the committee in rule was voted down by the Traffic Safety Committee. Submits a chart outlining the ODOT citizen involvement committees (EXHIBIT H).

043

Rep. Beyer

Asks if an adopted teaching curriculum exists.

050

Costales

Answers that he has three notebooks of teaching curriculum and explains the teaching standards. Mentions that there is disagreement over curriculum for students.

076

Rep. Beyer

Asks if the instructor curriculum is standard.

080

Costales

Answers that it has evolved at the advice of the master trainers with his program manager.

101

Chair Gilman

Closes the public hearing on HB 3384. Reopens the public hearing on HB 3261.

HB 3261 – PUBLIC HEARING

109

Don Benson

Requester of HB 3261. Submits and summarizes prepared testimony in support of HB 3261 (EXHIBIT I). Explains the situation in which he was cited for failure to carry insurance.

183

Chair Gilman

Closes the public hearing on HB 3261. Adjourns the meeting at 2:44 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3121, prepared testimony and photograph, Phil Stenbeck, 2 pp
  2. HB 3126, prepared testimony, Robin Freeman, 1 p
  3. HB 3261, -1 amendments, staff, 2 pp
  4. HB 3261, prepared testimony, Rep. Jeff Kropf, 1 p
  5. HB 3384, prepared testimony, Sandra Bishop, 1 p
  6. HB 3384, -1 amendments, staff, 4 pp
  7. HB 3384, prepared testimony, Richard Ubel, 2 pp
  8. HB 3384, prepared testimony and chart, Troy Costales, 9 pp
  9. HB 3261, prepared testimony, Don Benson, 2 pp