HOUSE COMMITTEE ON TRANSPORTATION

 

 

May 2, 2005 Hearing Room C

1:00 P.M. Tapes  60 - 61

 

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 2108 – Work Session

                                                HB 2113 – Work Session

                                                HB 2429 – Work Session

                                                HB 2811 – Work Session

                                                HB 3121 – Work Session

                                                HB 2017 – Public Hearing and Work Session

                                                HB 3467 – 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 60, A

003

Chair Gilman

Calls the meeting to order at 1:08 p.m. Opens a work session on        HB 2108.

HB 2108 – WORK SESSION

006

Patrick Brennan

Committee Administrator. Introduces HB 2108 and -4 amendments (EXHIBIT A).

021

Robin Freeman

Oregon Department of Transportation (ODOT). Explains the -4 amendments (EXHIBIT A).

068

Chair Gilman

Requests confirmation that ODOT will give a receipt to individuals whose documents are confiscated under provisions of the bill as amended by the -4 amendments.

070

Freeman

Answers yes.

072

Michael Ward

Field Services Manager, Division of Motor Vehicles (DMV). Notes that with the receipt, a customer will receive copies of the confiscated documents.

075

Rep. Bruun

Requests clarification that confiscation refers to government-issued documents as opposed to documents used to establish residency such as a utility bill.

078

Ward

Answers yes.

083

Rep. Burley

Asks about stakeholder support for the -4 amendments.

092

Freeman

Answers that there are some concerns related to the receipt provisions absent from statute.

095

Rep. Burley

Asks why there is a sunset provision.

096

Freeman

Answers that the sunset was added to be sensitive to the concerns of the affected parties. Notes the expectancy that with posting signs at DMV locations informing the public of the new policies, there would be less need for document confiscation.

106

Rep. Burley

Expresses concern that the six-day time frame may be too long.

117

Freeman

Explains that the timeline is for circumstances that may arise, such as holidays, employee absences, or disruption of services. Clarifies that delivery refers to mail delivery.

132

Nargess Shadbeh

Oregon Law Center. Expresses concern about the confiscation of documents. Notes that the timeframe could be different depending from where the documents are sent.

177

Rep. Boone

Points out that DMV would only confiscate documents that are suspected to be fraudulent.

187

Shadbeh

Explains that documents being seized improperly has happened in the past and will likely continue to happen.

201

Rep. Burley

Asks for proposed amendments to address the issue of improperly seized documents.

209

Shadbeh

Responds that a special magistrate or hearings officer could be charged with reviewing issues.

223

Rep. Burley

Asks if the special magistrate or officer should be under the authority of DMV rather than law enforcement.

225

Shadbeh

Answers yes.

227

Andrea Meyer

Legislative Affairs Director, American Civil Liberties Union (ACLU). Emphasizes that the concerns are for those whose documents were seized improperly, not those who are engaged in illegal activity.

283

Chair Gilman

Closes the work session on HB 2108. Opens a work session on         HB 2113.

HB 2113 – WORK SESSION

290

Patrick Brennan

Committee Administrator. Introduces HB 2113 and -2 amendments (EXHIBIT B).

320

Rep. Hunt

Asks for a clarification of the -2 amendments.

326

Mike Marsh

Oregon Department of Transportation (ODOT). Explains the -2 amendments.

355

Rep. Hunt

MOTION:  Moves to ADOPT HB 2113-2 amendments dated 4/15/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

361

Rep. Hunt

MOTION:  Moves HB 2113 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.

374

Chair Gilman

Closes the work session on HB 2113. Opens a work session on         HB 2429.

HB 2429 – WORK SESSION

378

Patrick Brennan

Committee Administrator. Introduces HB 2429 and -2 amendments (EXHIBIT C).

405

Barbara Crest

Executive Director, Northwest Automotive Trades Association (NATA). Testifies in support of HB 2429 and explains the -2 amendments.

TAPE 61, A

026

Bob Anderson

President, NATA. Testifies in support of HB 2429.

040

Rep. Thatcher

MOTION:  Moves to ADOPT HB 2429-2 amendments dated 4/20/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

046

Rep. Thatcher

MOTION:  Moves HB 2429 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. THATCHER will lead discussion on the floor.

060

Chair Gilman

Closes the work session on HB 2429. Opens a work session on         HB 2811.

HB 2811 – WORK SESSION

064

Patrick Brennan

Committee Administrator. Introduces HB 2811 and -6 amendments (EXHIBIT D) and -7 amendments (EXHIBIT E).

072

Mark Landauer

Office of Government Relations, City of Portland. Explains the -6 amendments. Describes the problems with the amendments and proposes a language change to insert the term “television” to specifically define broadcasted images.

108

Rep. Burley

Speaks in favor of the proposed language amendments to achieve the desired objective.

119

Landauer

Testifies that the -7 amendments are overly broad and the -6 amendments would be more effective with the language change.

127

Chair Gilman

Closes the work session on HB 2811. Opens a work session on         HB 3121.

HB 3121 – WORK SESSION

129

Patrick Brennan

Committee Administrator. Introduces HB 3121 and notes the prepared testimony from Phil Stenbeck, Senior Planner, Douglas County Planning Department (EXHIBIT F) and the -1 amendments (EXHIBIT G).

143

Shaun Jillions

Legislative Assistant, Rep. Bob Jenson. Testifies in support of          HB 3121 and explains the -1 amendments.

187

Rep. Burley

Asks if the option of registered mail will still exist.

190

Jillions

Answers yes and explains that the option of registered mail, certified mail, or first class mail still exist with certificate of mailing.

192

Rep. Beyer

MOTION:  Moves to ADOPT HB 3121-1 amendments dated 5/2/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

195

Rep. Beyer

MOTION:  Moves HB 3121 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. BEYER will lead discussion on the floor.

200

Chair Gilman

Closes the work session on HB 3121. Opens a public hearing on       HB 2017.

HB 2017 – PUBLIC HEARING

204

Patrick Brennan

Committee Administrator. Introduces HB 2017 and the -1 amendments (EXHIBIT H).

218

Darrell Fuller

Regulatory Affairs Director, Oregon Automobile Dealers Association. Submits and summarizes prepared testimony in support of HB 2017 (EXHIBIT I) and testifies in support of the -2 amendments  (EXHIBIT J).

300

Chair Gilman

Closes the public hearing and opens a work session on HB 2017.

HB 2017 – WORK SESSION

307

Rep. Bruun

MOTION:  Moves to ADOPT HB 2017-2 amendments dated 5/2/05.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

 

311

Rep. Bruun

MOTION:  Moves HB 2017 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.

 

316

Rep. Bruun

MOTION:  Moves HB 2017 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Gilman

Hearing no objection, declares the motion CARRIED.

320

Chair Gilman

Closes the work session on HB 2017. Opens a public hearing on       HB 3467.

HB 3467 – PUBLIC HEARING

330

Patrick Brennan

Committee Administrator. Introduces HB 3467.

345

Ron Finster

Economics Professor Emeritus, Western Oregon University. Submits and summarizes prepared testimony and information in support of     HB 3467 (EXHIBIT K).

TAPE 60, B

050

Finster

Continues summarizing prepared testimony.

229

Rep. Bruun

Expresses concern about public input and the impact on the counties’ decisions.

241

Finster

Answers that the solution in the bill addresses common issues faced by all the counties in Oregon.

251

Rep. Bruun

Expresses concern that if the legislature acts, individuals would lose their ability to voice concerns.

260

Finster

Notes that the operations of the counties do not change with passage of HB 3467 and that the measure would expand individual rights rather than restrict them.

280

Rep. Bruun

Asks if the counties could lose their authority to address issues that arise.

285

Finster

Answers that the counties would not lose their authority under the bill.

288

Chair Gilman

Notes the loss of public access to county lands.

290

Finster

Answers yes and notes that the county would not lose authority.

294

Rep. Bruun

Reiterates concern that the individual counties lose their authority.

315

Finster

Explains that the counties are involved throughout the petition process.

327

Rep. Burley

Points out that the issue becomes complex with multiple landowners petitioning for access to a public road.

353

Finster

Explains landowners’ public rights.

366

Rep. Burley

Asks if blocking public access could provide private landowners with a private road that is maintained by the county.

378

Finster

Answers that the county is not required to maintain the road unless there is a public reason for doing it.

382

Rep. Burley

Asks if counties would have access to the road for county business.

385

Finster

Answers yes and explains county access.

405

Kevin Westfall

Oregon Cattlemen’s Association. Submits and summarizes prepared testimony in support of HB 3467 (EXHIBIT L).

TAPE 61, B

020

Art Schlack

Association of Oregon Counties (AOC). Testifies in opposition to     HB 3467. Expresses concerns regarding the designation of public and private roads and the lack of a public hearing process.

038

Rep. Bruun

Asks how difficult it would be to change an non-used county road to a private road.

041

Schlack

Answers that it would include a request to the county followed by a review and a public hearing.

044

Rep. Bruun

Asks if it would involve a financial transaction.

047

Schlack

Answers that it may.

050

Rep. Burley

Asks if changing the status to a public road is the same as vacating.

053

Schlack

Answers that it is a different process.

056

Chair Gilman

Closes the public hearing on HB 3467.

068

Patrick Brennan

Committee Administrator. Explains the upcoming committee field trip to the Mexican Consulate in Portland.

100

Chair Gilman

Adjourns the meeting at 2:38 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2108, -4 amendments, staff, 1 p
  2. HB 2113, -2 amendments, staff, 1 p
  3. HB 2429, -2 amendments, staff, 43 pp
  4. HB 2811, -6 amendments, staff, 1 p
  5. HB 2811, -7 amendments, staff, 1 p
  6. HB 3121, prepared testimony, Phil Stenbeck, 1 p
  7. HB 3121, -1 amendments, staff, 1 p
  8. HB 2017, -1 amendments, staff, 2 pp
  9. HB 2017, prepared testimony, Darrell Fuller, 1 p
  10. HB 2017, -2 amendments, staff, 2 pp
  11. HB 3467, prepared testimony, Ron Finster, 6 pp
  12. HB 3467, prepared testimony, Kevin Westfall, 1 p