End of January Legislative Report

By Darrell W. Fuller, Lobbyist / fuller_darrell@yahoo.com / 971-388-1786

The 82nd Assembly of the Oregon Legislature began on January 9, 2023. On day one, 1,814 bills were introduced for consideration. Since then, another 402 were added for a total of 2,216 so far. The Legislature generally considers just under 4,000 bills during the session, which will end in late June.

A handful of those bills could have a direct impact on OVDA/OPSA members. I’ll list a few of the “highlights” below. But first, a couple of things to keep in mind:

THE NUTS AND BOLTS OF HAVING AN IMPACT IN SALEM

Do you know who your State Senator and State Representative are in Salem? You can input your address and find out here. Your business location may be represented by a different Senator and Representative, meaning you can have twice the impact. You should know who represents you, and how to reach them during the Legislative Session.

Do you personally know any State Senator or State Representative (even if they don’t represent you)? Do you attend the same church? Are you members of the same Rotary Club? Do your kids go to school together, or play on the same team? An established relationship with a legislator can be extremely valuable. If you have that kind of relationship, will you please let me know ASAP? Thanks, my contact information is at the end of this report. 

If you want to testify (in person or virtually) in support or opposition to any proposal at the Capitol, you can learn how by clicking here. If you would like to submit written testimony, you can learn how by clicking here. If you have questions or problems, feel free to contact me directly (my contact information is at the end of this report).

If you would like to offer your perspective or expertise to OVDA/OPSA on any of the proposals, please send your input to the OVDA/OPSA office by emailing OVDA@ordealers.com.

You can also register to track specific bills so you will know if they are scheduled for action. You can learn more about that process here.

OVDA/OPSA PRIORITY BILLS (SO FAR)

On behalf of OVDA/OPSA, I follow bills which will, or may, have an impact on auto and power sports dealers. I also track bills with a general impact on business in Oregon. Below are links to both the industry-specific bills I am tracking, and the general businesses bills I am tracking (so far). Here is some information on just a couple of the major bills of interest:

House Bill 2658 / Bill Information

Directs Department of Transportation to determine carbon emissions of motor vehicles and impose

additional registration fee based on relative vehicle carbon emissions. Directs Department of

Environmental Quality to establish competitive grant program for construction, operation and

maintenance of infrastructure projects to reduce carbon and other greenhouse gas emissions.

Establishes Transportation Modernization Grant Fund.

In the Joint Transportation Committee

(Do you know any of the committee members?)

House Bill 2790 / Bill Information

Directs Department of Transportation to provide two days’ notice to vehicle dealers and dismantlers before inspecting records unless department is responding to complaint.

This bill was introduced at the request of OVDA/OPSA

In the Joint Transportation Committee

(Do you know any of the committee members?)

NOTE: DMV has already established this new policy for vehicle dealers, but not for dismantlers.

House Bill 2801 / Bill Information

Prohibits seller from selling or leasing motor vehicle if sale or lease is contingent upon lender’s

agreement to purchase retail installment contract or lease agreement. Provides that if seller sells

retail installment contract or lease agreement to lender, lender must provide final approval of

funding within 14 days after buyer takes possession of motor vehicle. Provides that if lender does

not agree to buy retail installment contract or lease agreement or agrees to buy on terms other than

exact terms that seller and buyer agreed to, seller must retain retail installment contract or lease

agreement, must notify buyer of seller’s retention and may not thereafter sell, assign, transfer or

delegate any of the benefits, duties or obligations of the contract or agreement. Provides that seller’s

failure to comply with provisions of Act deprives seller of right to collect payment due under

contract or agreement and right to repossess motor vehicle.

In the House Committee on Business and Labor

(Do you know any of the committee members?)

House Bill 2818 / Bill Information

Expands definition of “consumer contract” to include purchases of used motor vehicles used

primarily for personal, family or household purposes. Allows consumer to revoke provision of

consumer contract that requires consumer to assert claim against other party to contract in forum

that is not in this state. Provides that if provision in contract requires arbitration in forum that is not

in this state, sole effect of revocation is that proceeding that requires or allows attendance by

consumer must be conducted in this state. Provides that party seeking to enforce revoked provision

is liable for reasonable attorney fees incurred by consumer. Expands offense of acting as vehicle

dealer without certificate to include individuals who act as agents of Department of Transportation

without authorization. Establishes civil cause of action for improper sale of vehicle.

In the House Committee on Business and Labor

(Do you know any of the committee members?)

House Bill 3158 / Bill Information

Imposes excise tax on retail sale of tires, privilege tax for engaging in business of providing

nonroad diesel equipment, tax on use in Oregon of nonroad diesel equipment purchased out of

state at retail, heavy equipment rental tax on rentals of nonroad diesel equipment, privilege tax on

heavy-duty vehicles and license tax on dyed diesel for transfer to Clean Diesel Engine Fund.

Increases cap on grants or loans awarded from Clean Diesel Engine Fund for repower of nonroad

diesel engine to 50 percent of certified costs. Directs Environmental Quality Commission to

establish preference for grants and loans from fund for replacements, repowers or retrofits

necessary to satisfy certain title and registration requirements for heavy- or medium-duty trucks

powered by diesel engines. Takes effect on 91st day following adjournment sine die.

In the House Committee on Climate Energy and Environment

(Do you know any of the committee members?)

Senate Bill 256 / Bill Information

Prohibits person from knowingly or intentionally manufacturing, importing, distributing, offering

for sale, selling or leasing or otherwise transferring, or installing or reinstalling counterfeit

automobile supplemental restraint system component, nonfunctional airbag or object that does not

comply with federal standard for make, model and year of motor vehicle. Punishes violation of Act

as unlawful practice under Unlawful Trade Practices Act.

In the Senate Committee on Judiciary

(Do you know any of the committee members?)

Senate Bill 512 / Bill Information

Requires that fee for motor vehicle emission certificates of compliance issued after inspection that

did not occur at department test station and did not use testing equipment owned by department

not exceed lowest fee for other motor vehicle emissions certificates of compliance. Takes effect on

91st day following adjournment sine die.

Introduced at the request of OVDA/OPSA

In the Joint Transportation Committee

(Do you know any of the committee members?)

WRAP UP FOR NOW

The politicians just got to town. They will be around for another five months. I will offer monthly updates. In the meantime, please stay tuned. OVDA/OPSA will send urgent updates if your help is needed in Salem. Your email, or phone call, could be pivotal in the success or failure of legislation. If you would like to visit with me, just reach out.

Darrell Fuller has been a lobbyist in Salem since 1996. He can be reached by phone at 971-388-1786 and by email at fuller_darrell@yahoo.com.

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