End of March Legislative Report for OVDA/OPSA

By Darrell W. Fuller, OVDA/OPSA Lobbyist / [email protected] / 971-388-1786

The 82nd Assembly of the Oregon Legislature began on January 9, 2023. As April begins, don’t expect to see Rihanna strutting around the state Capitol like she did at the Super Bowl Half Time Show, but be assured, it is half time in Salem.

BY THE NUMBERS

4,922: Number of bills which have been introduced since the start of the Legislative Session. About half of them died in Committee on April 4th which was “moving day”. Bills had to move out of their original committee, or they were dead for this year (the deadline doesn’t count for bills in Ways & Means, Revenue and Finance, Transportation or Rules – that’ a lot of bills).

160: Number of days in the Session. Wednesday, April 5th was day 80.

17th: The day in May when state budget analysts will tell lawmakers how much money they have to spend on the 2023-25 biennial budget. That budget forecast will be the clarion call for the rush to finish the session by the Constitutional June 25th deadline.

340: Number of bills I was tracking for all my clients prior to the committee deadline.

230: Number of bills I am now tracking for my clients.

(Hat tip to reporter extraordinaire Dick Hughes and his Capital Chatter column at OregonCapitalInsider.com for some of the numbers.)

ORVDA PRIORITY BILLS

On behalf of OVDA/OPSA, I follow bills which will, or may, have an impact on vehicle dealers and customers. I also track bills with a general impact on business in Oregon. Included are PDFs of both the industry-specific bills I am tracking, and the general business bills I am tracking. Here is some information on just a couple of the major bills of interest:

House Bill 2790 / Bill Information

The Direct 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?)

At OVDA’s urging, DMV has already established this as a new policy for vehicle dealers and is working on a similar policy 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

OVDA was successful in killing this bill for 2023.

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

This bill is dead for 2023.

House Bill 2819 / Bill Information

Permits vehicle dealer to issue temporary registration permits for motor vehicles that do not have

proof of compliance with pollution control equipment requirements. Requires dealer to give

written notice to purchaser that Department of Transportation will not issue stickers, registration or

plates unless proof of compliance is provided. Modifies trip permit issuance by Department of

Transportation.

In the House Committee on Climate Energy and Environment

(The description above buries the lead, a portion of this bill will extend RV trip permits to 30 days, so RV customers can stay in Oregon after their purchase.)

This bill is dead for 2023.

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

This bill APPEARS to be dead for this session. OVDA was part of a large coalition of business groups opposing it.

Senate Bill 525 / Bill Summary
Directs Environmental Quality Commission to adopt standards prohibiting engine exhaust and evaporative emissions from new small nonroad engines beginning January 1, 2026, unless a later date is required by federal Clean Air Act. Directs Department of Environmental Quality to establish program to provide incentives for purchase of zero-emission small nonroad equipment. Takes effect on 91st day following adjournment sine die.

This bill APPEARS to be dead for 2023. OVDA provided testimony in opposition.

WRAP UP FOR NOW

The politicians can see the light at the end of the tunnel. April snow brings May flowers, or something like that. But warm weather also gives the politicians a sense of cabin fever. Please stay tuned. OVDA 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 [email protected].

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.

If you would like to offer your perspective or expertise to OVDA on any of the proposals, please send your input to [email protected] and/or [email protected].  

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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.