75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 606
House Bill 2120
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates Transportation Utility Commission. Sunsets January 2,
2012.
Directs Oregon Transportation Commission to conduct study.
Sunsets January 2, 2014.
Directs Department of Transportation to develop pilot programs
to implement congestion pricing in one or more communities.
Sunsets January 2, 2016.
Authorizes Department of Transportation to establish pilot
programs to test alternatives to motor vehicle fuel tax. Sunsets
January 2, 2018.
Directs Oregon Transportation Commission to work with
stakeholders to review and update criteria used to select
projects within Statewide Transportation Improvement Program.
Directs Oregon Transportation Commission to determine amount of
federal transportation funds available to Department of
Transportation that may be used for eligible nonhighway projects.
Directs Department of Transportation to develop environmental
performance standards for highway projects.
Directs department to develop least-cost planning model.
Authorizes state agencies to provide electricity for plug-in
electric vehicles.
Authorizes issuance of lottery bonds for purchase of passenger
railroad equipment.
Authorizes issuance of lottery bonds for transportation
projects funded from Multimodal Transportation Fund. Specifies
allocation of lottery bond proceeds.
Defines 'medium-speed electric vehicle. '
Creates offense of unlawfully operating medium-speed electric
vehicle on highway. Punishes by maximum fine of $360.
Directs Department of Transportation to adopt safety standards
for low-speed vehicles and medium-speed electric vehicles.
Directs department to include specific request for capital
construction funding for sharing offices and other facilities
with local government in budget request prepared for Oregon
Department of Administrative Services.
Increases vehicle title fees. Imposes fee for issuance of first
certificate of title.
Increases vehicle registration fees.
Increases fuel tax and motor carrier taxes.
Creates Timber Counties Safety Net Account within State Highway
Fund.
Permits mass transit district to increase payroll tax for
district.
Authorizes transportation districts and mass transit districts
to use certain forms of financing without first obtaining voter
approval.
Increases allocation of State Highway Fund moneys for footpaths
and bicycle trails.
Expands special county allotment program to provide counties
with minimum level of funding from State Highway Fund.
Authorizes issuance of Highway User Tax Bonds in aggregate
principal amount sufficient to produce net proceeds of not more
than $600 million. Specifies bond revenue to be used to finance
projects selected by Oregon Transportation Commission that meet
specified criteria. Provides for allocation of bond proceeds.
Eliminates requirement that county ordinance establishing
vehicle registration fees be submitted to electors of county for
approval.
Authorizes Department of Transportation to set registration
plate manufacturing fee.
Increases customized registration plate fee.
Increases certain vehicle dealer fees.
Extends credit against corporate excise or corporate income tax
for corporation that provides motor vehicle insurance issued
under mile-based or time-based rating plan.
A BILL FOR AN ACT
Relating to transportation; creating new provisions; amending ORS
267.385, 267.430, 267.615, 319.020, 319.530, 366.514, 366.739,
366.772, 367.620, 801.041, 803.090, 803.420, 803.570, 805.250,
818.225, 822.043, 825.476 and 825.480 and section 4, chapter
545, Oregon Laws 2003; repealing ORS 267.302 and sections 8 and
9, chapter 739, Oregon Laws 2003; appropriating money; and
providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established the Transportation
Utility Commission, consisting of five members appointed by the
Governor.
(2) The commission, in consultation with the Department of
Transportation, counties and cities, shall:
(a) Develop a common chart of accounts for revenues and
expenditures;
(b) Develop, for use by all state, county and city
transportation agencies in this state, common descriptions for
the condition of the transportation infrastructure;
(c) Estimate the total amount of revenue required by all
jurisdictions in this state to maintain, preserve and modernize
the transportation system;
(d) Develop a conceptual framework for funding transportation
services and facilities; and
(e) Develop and adopt alternative rates for consumers to choose
as an option to the motor fuel tax and for use in congestion
pricing pilot projects.
(3) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(4) Official action by the commission requires the approval of
a majority of the members of the commission.
(5) The Governor shall designate one of the members of the
commission to serve as chairperson.
(6) If there is a vacancy on the commission for any cause, the
Governor shall make an appointment to become immediately
effective.
(7) The commission shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the commission.
(8) The commission may adopt rules necessary for the operation
of the commission.
(9) No later than December 1, 2010, the commission shall
prepare a report of its activities for submission to the interim
House and Senate committees related to transportation.
(10) Members of the commission who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the commission shall
be paid out of funds appropriated to the Department of
Transportation for purposes of the commission.
(11) The Department of Transportation is directed to assist the
commission in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the commission consider
necessary to perform their duties. + }
SECTION 2. { + Section 1 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 3. { + (1) The Oregon Transportation Commission shall,
in consultation with local governments, metropolitan planning
organizations and other transportation stakeholders:
(a) Review the responsibilities given to the state, counties
and cities for improvement, maintenance and management of the
highway system and the resources available to each level of
government and make recommendations to better align resources and
responsibilities.
(b) Review best practices for stakeholder involvement in
transportation decision-making.
(c) Identify opportunities to achieve greater program
efficiency in the delivery of transportation services and
programs through intergovernmental cooperation.
(d) Study national best practices for improving the delivery of
metropolitan transportation services through enhanced regional
decision-making.
(2) The Oregon Transportation Commission shall make a progress
report to the interim House and Senate committees related to
transportation no later than December 1, 2010, and shall make a
final report to the interim House and Senate committees related
to transportation no later than December 1, 2012. + }
SECTION 4. { + Section 3 of this 2009 Act is repealed on
January 2, 2014. + }
SECTION 5. { + (1) At the direction of the Oregon
Transportation Commission, the Department of Transportation shall
develop one or more pilot programs to implement congestion
pricing in communities within this state and study the effect
congestion pricing may have on reducing traffic congestion. Pilot
programs may include, but need not be limited to, time-of-day
pricing with variable tolls.
(2) No later than December 1, 2010, the commission shall report
to the interim House and Senate committees related to
transportation on the work of the commission and department in
designing and implementing the pilot programs. + }
SECTION 6. { + Section 5 of this 2009 Act is repealed on
January 2, 2016. + }
SECTION 7. { + (1) The Department of Transportation, in
consultation with the federal government, other states and
transportation stakeholders, shall develop technology for
implementing collection of a fee based on vehicle miles traveled
that may be used to replace the motor vehicle fuel tax.
(2) The technology chosen by the department must be
commercially viable and protect the privacy of the motoring
public.
(3) The department shall study mileage-based fees and other
alternatives to the current system of taxing highway use through
motor vehicle fuel taxes. The department shall gather public
comment on alternative approaches and shall make recommendations
to the Oregon Transportation Commission on the design of pilot
programs to be used to test alternative approaches. The
department may also make recommendations to the commission on
criteria to be used to evaluate pilot programs.
(4) The department shall report to each regular session of the
Legislative Assembly on the work of the department and the
commission in designing, implementing and evaluating pilot
programs. + }
SECTION 8. { + (1) The Department of Transportation may
develop one or more pilot programs to test alternatives to the
current system of taxing highway use through motor vehicle fuel
taxes. Pilot programs may include, but need not be limited to,
programs testing technology and methods for:
(a) Identifying vehicles;
(b) Collecting and reporting the number of miles traveled by a
particular vehicle; and
(c) Receiving payments from participants in pilot projects.
(2) Technology and methods tested under subsection (1) of this
section shall be tested for:
(a) Reliability;
(b) Ease of use;
(c) Public acceptance;
(d) Cost of implementation and administration; and
(e) Minimizing the potential for evasion of accurate reporting.
(3) The department may solicit volunteers for participation in
pilot programs developed under this section. A participant must:
(a) Report the participant's use of the highway system in
Oregon as required by the program; and
(b) Pay the fee established for the program for use of the
highway system.
(4) The department shall establish a fee for each pilot program
the department undertakes. The fee shall be a highway use fee and
shall be paid by each participant in the program. The program may
be designed so that the fee is imposed in lieu of any tax on
motor vehicle fuel imposed under ORS 319.020 or any tax on the
use of fuel in a vehicle under ORS 319.530 that would otherwise
be paid by the participant.
(5) If a person who participates in a pilot program under this
section pays the motor vehicle fuel tax under ORS 319.020, the
department may refund the taxes paid.
(6) A seller of fuel for use in a motor vehicle may not collect
the tax that would otherwise be due under ORS 319.530 from a
person operating a vehicle registered in a pilot program
authorized by the department under this section.
(7) If a person participating in a pilot program under this
section ends the person's participation in the program prior to
termination of the program, the person shall pay to the
department any amount of the highway use fee established for the
program under subsection (4) of this section that the person has
not yet paid.
(8) The department may terminate a pilot program at any time
and may terminate participation by any particular person at any
time. When a program is terminated or a person's participation is
terminated by the department, the department shall collect any
unpaid highway use fees established for the program under
subsection (4) of this section.
(9) The department may adopt any rules the department deems
necessary for the implementation of this section, including but
not limited to rules establishing methods of collecting highway
use fees from program participants and rules establishing
reporting requirements for participants.
(10) The department may compensate participants in pilot
programs established under this section. + }
SECTION 9. { + The Department of Transportation may vary any
fee established under section 8 of this 2009 Act to facilitate:
(1) The maximum use of road capacity.
(2) The reduction of greenhouse gas emissions.
(3) The application of any public policy identified by the
commission. + }
SECTION 10. { + (1) The Department of Transportation may use
moneys in the State Highway Fund for financing activities
required under section 7 of this 2009 Act and the pilot programs
established under section 8 of this 2009 Act.
(2) The department may solicit and accept grants and assistance
from the United States Government and its agencies and from any
other source, public or private, necessary to carry out research
and pilot programs under sections 7 and 8 of this 2009 Act.
(3) The department may accept gifts or donations of equipment
necessary to carry out research and pilot programs under sections
7 and 8 of this 2009 Act.
(4) Any moneys received by the department under subsections (2)
and (3) shall be deposited into the State Highway Fund. + }
SECTION 11. { + (1) Mileage-based fee development and other
possible alternatives to the current system of taxing highway use
through motor vehicle taxes identified by the Department of
Transportation under sections 7 and 8 of this 2009 Act are
transportation projects as defined in ORS 367.800 to 367.824.
(2) Pilot programs established under section 8 of this 2009 Act
are transportation projects as defined in ORS 367.800 to
367.824. + }
SECTION 12. { + Sections 7 to 11 of this 2009 Act are repealed
on January 2, 2018. + }
SECTION 13. { + Section 14 of this 2009 Act is added to and
made a part of ORS 184.610 to 184.666. + }
SECTION 14. { + The Oregon Transportation Commission shall
work with stakeholders to review and update the criteria used to
select projects within the Statewide Transportation Improvement
Program. When revising the project selection criteria the
commission shall consider whether the project:
(1) Improves the state highway system or major access routes to
the state highway system on the local road system to relieve
congestion by expanding capacity, enhancing operations or
otherwise improving travel times within high-congestion
corridors.
(2) Enhances the safety of the traveling public using access
management and other techniques in support of decreasing traffic
crash rates, promoting the efficient movement of people and goods
and preserving the public investment in the transportation
system.
(3) Increases the operational effectiveness and reliability of
the existing system by using technological innovation, providing
linkages to other existing components of the transportation
system and relieving congestion.
(4) Is capable of being implemented in a timely manner to
reduce congestion in other modes of transportation and reduce the
need for additional highway projects.
(5) Improves the condition, connectivity and capacity of
freight-reliant infrastructure serving the state.
(6) Supports improvements necessary for the state's economic
growth and competitiveness, accessibility to industries and
economic development.
(7) Provides the greatest benefit in relation to project costs.
(8) Fosters livable communities by demonstrating that the
investment reinforces or does not undermine compact urban
development.
(9) Enhances the value of transportation projects through
designs and development that reflect environmental stewardship
and community sensitivity.
(10) Is consistent with infrastructure plans and reinforces the
state's greenhouse gas emissions reduction goals described in ORS
468A.205. + }
SECTION 15. { + (1) The Oregon Transportation Commission shall
determine the amount of federal transportation funds available to
the Department of Transportation that may be used for eligible
nonhighway projects without disqualifying Oregon from
participation in discretionary grants of federal highway funds.
(2) The commission shall reserve the funds identified under
subsection (1) of this section for eligible nonhighway purposes
in the development of the Statewide Transportation Improvement
Program. + }
SECTION 16. { + (1) As used in this section, 'highway' has the
meaning given that term in ORS 801.305.
(2) The Department of Transportation shall incorporate
environmental performance standards into the design and
construction of all state highway construction projects,
including local government highway construction projects funded
by the department.
(3) The department shall work with state and federal
environmental regulatory agencies to improve the environmental
permitting process for state highway construction projects in
order to:
(a) Reduce the time required to design projects and obtain
environmental permits;
(b) Reduce the cost and delay associated with redesigning
projects to meet environmental requirements; and
(c) Maintain a strong commitment to environmental
stewardship. + }
SECTION 17. { + (1) As used in this section 'least-cost
planning' means a process of comparing direct and indirect costs
of demand and supply options to meet transportation goals,
policies or both, where the intent of the process is to identify
the most cost-effective mix of options.
(2) The Department of Transportation shall, in consultation
with local governments and metropolitan planning organizations,
develop a least-cost planning model for use as a decision-making
tool in the development of plans and projects at both the state
and regional level. + }
SECTION 18. { + Prior to February 1, 2011, the Department of
Transportation shall submit a progress report, including any
recommendations for legislation, on the development of a
least-cost planning model under section 17 of this 2009 Act to
the Seventy-sixth Legislative Assembly. + }
SECTION 19. { + (1) As used in this section:
(a) 'Electric vehicle' means a motor vehicle, as defined in ORS
801.360, that is manufactured or modified to use electricity.
(b) 'State agency' means any state office, department,
division, bureau, board and commission, whether in the executive,
legislative or judicial branch.
(2) It is the policy of the State of Oregon to encourage the
use of electric vehicles.
(3) State agencies may provide electric power purchased at
state expense for the purpose of recharging privately owned and
publicly owned plug-in electric vehicles at state agency
locations. + }
SECTION 20. { + (1) The Legislative Assembly finds that
issuing lottery bonds to finance passenger railroad equipment is
essential to promoting the state's economic development.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) There is an urgent need to improve and expand publicly
owned transportation infrastructure to support economic
development in this state.
(b) Development of efficient, safe and comprehensive rail
service minimizes environmental impact, contributes to effective
land use, sustains jobs and contributes to a favorable business
climate.
(c) Railroads facilitate the efficient movement of people and
goods, which directly impacts local and regional economies.
Public investment in expansion of capacity on the rail system is
warranted because railroads are a vital part of the
transportation system.
(d) The ability of Oregon's railroads to help divert road
traffic for both freight and passenger trips helps congestion
management efforts and enhances the useable life of road
investments.
(e) Financing of passenger railroad equipment is essential to
maintain and improve passenger rail service from Eugene to
Portland and provide Oregonians with transportation options in
the future.
(3) The factors described in subsection (2) of this section
will encourage and promote economic development within the State
of Oregon, and issuance of lottery bonds to finance passenger
railroad equipment is therefore an appropriate use of state
lottery funds under section 4, Article XV of the Oregon
Constitution, and ORS 461.510. + }
SECTION 21. { + (1) For the biennium beginning July 1, 2009,
at the request of the Director of Transportation, the State
Treasurer is authorized to issue lottery bonds pursuant to ORS
286A.560 to 286A.585 in the amount of $35 million for payment of
the expenses of the Department of Transportation for financing of
passenger railroad equipment, plus an additional amount to be
estimated by the State Treasurer for payment of bond-related
costs incurred by the Department of Transportation and the State
Treasurer.
(2) The bond-related costs incurred by the Department of
Transportation and the State Treasurer for the lottery bonds
authorized by this section shall be paid from the gross proceeds
of the lottery bonds and from allocations for the purposes of ORS
286A.576 (1)(c). + }
SECTION 22. { + (1) Pursuant to ORS 286A.560 to 286A.585, for
the biennium beginning July 1, 2009, the State Treasurer may
issue lottery bonds to finance grants and loans for
transportation projects as provided in ORS 367.080 to 367.086.
(2) The use of lottery bond proceeds pursuant to this section
is authorized based on the following findings:
(a) There is an urgent need to improve and expand publicly
owned and privately owned transportation infrastructure to
support economic development in this state.
(b) A safe, efficient and reliable transportation network
supports the long-term economic development and livability of
this state. A multimodal network of air, rail, public transit,
highway and marine transportation moves people and goods
efficiently.
(c) Local governments and private sector businesses often lack
capital and the technical capacity to undertake multimodal
transportation projects.
(d) Public financial assistance can stimulate industrial growth
and commercial enterprise and promote employment opportunities in
this state.
(e) Public investment in transportation infrastructure will
create jobs and further economic development in this state.
(3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $150 million
plus an additional amount established by the State Treasurer to
pay bond-related costs. The State Treasurer may issue lottery
bonds pursuant to this section only at the request of the
Director of Transportation.
(4) The net proceeds of the lottery bonds issued pursuant to
this section shall be deposited in the Multimodal Transportation
Fund established by ORS 367.080. + }
SECTION 23. { + To the extent that proposed transportation
projects meet the qualifications established by the Oregon
Transportation Commission by rule, the commission shall allocate
at least 10 percent of the net proceeds of the lottery bonds
authorized by section 22 of this 2009 Act to each region
described in this section. For purposes of this section, the
regions are as follows:
(1) Region one consists of Clackamas, Columbia, Hood River,
Multnomah and Washington Counties.
(2) Region two consists of Benton, Clatsop, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and Yamhill Counties.
(3) Region three consists of Coos, Curry, Douglas, Jackson and
Josephine Counties.
(4) Region four consists of Crook, Deschutes, Gilliam,
Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.
(5) Region five consists of Baker, Grant, Harney, Malheur,
Morrow, Umatilla, Union and Wallowa Counties. + }
SECTION 24. { + Sections 25 to 27 of this 2009 Act are added
to and made a part of the Oregon Vehicle Code. + }
SECTION 25. { + ' Medium-speed electric vehicle' means an
electric motor vehicle with four wheels that is equipped with a
roll cage or a crushproof body design, can attain a maximum speed
of 35 miles per hour on a paved, level surface, is fully enclosed
and has at least one door for entry. + }
SECTION 26. { + (1) A person commits the offense of unlawfully
operating a medium-speed electric vehicle on a highway if the
person operates a medium-speed electric vehicle on a highway with
a posted speed limit that is greater than 40 miles per hour.
(2) Notwithstanding subsection (1) of this section, a city or
county may adopt an ordinance allowing operation of medium-speed
electric vehicles on city streets or county roads that have speed
limits or posted speeds of more than 40 miles per hour.
(3) The offense described in this section, unlawfully operating
a medium-speed electric vehicle on a highway, is a Class B
traffic violation. + }
SECTION 27. { + (1) The Department of Transportation shall
adopt, by rule, minimum safety standards for low-speed vehicles
and medium-speed electric vehicles. Standards adopted by the
department under this section must be consistent with, but may
exceed, any vehicle safety standards established under federal
regulations.
(2) The department may not issue registration to a low-speed
vehicle or medium-speed electric vehicle if the department has
reason to believe the vehicle does not meet the safety standards
adopted pursuant to this section. + }
SECTION 28. { + As part of the preparation of the capital
construction estimate submitted to the Oregon Department of
Administrative Services pursuant to ORS 291.224, the Department
of Transportation shall prepare, in addition to any amounts
budgeted for the department, a budget request for other funds
that may be used to facilitate the sharing of offices and other
facilities used by the Department of Transportation with the
offices and other facilities used by local government. + }
SECTION 29. ORS 803.090 is amended to read:
803.090. { + (1) + } The following fees are the fees for the
transaction described:
{ - (1) - } { + (a) + } The transfer fee under ORS 803.092:
{ - (a) - } { + (A) + } For a salvage title, { - $17 - }
{ + $27 + }.
{ - (b) - } { + (B) + } For trailers eligible for permanent
registration under ORS 803.415 (1) and motor vehicles with a
gross vehicle weight rating over 26,000 pounds, excluding motor
homes, { - $90 - } { + $110 + }.
{ - (c) - } { + (C) + } For vehicles other than vehicles
for which the title fee is described in { - paragraph (b) of
this subsection, $55 - } { + subparagraph (B) of this paragraph,
$110 + }.
{ - (2) - } { + (b) + } The fee for issuance of a
certificate of title under ORS 803.045:
{ - (a) - } { + (A) + } For trailers eligible for permanent
registration under ORS 803.415 (1) and motor vehicles with a
gross vehicle weight rating over 26,000 pounds, excluding motor
homes, { - $90 - } { + $110 + }.
{ - (b) - } { + (B) + } For vehicles other than vehicles
for which the title fee is described in { - paragraph (a) of
this subsection, $55 - } { + subparagraph (A) of this paragraph,
$110 + }.
{ - (3) - } { + (c) + } The fee for issuance of a salvage
title certificate under ORS 803.140, { - $17 - } { + $27 + }.
{ - (4) - } { + (d) + } The fee for issuance of a duplicate
or replacement certificate of title under ORS 803.065:
{ - (a) - } { + (A) + } For a duplicate or replacement
salvage title certificate, { - $17 - } { + $27 + }.
{ - (b) - } { + (B) + } For trailers eligible for permanent
registration under ORS 803.415 (1) and motor vehicles with a
gross vehicle weight rating over 26,000 pounds, excluding motor
homes, { - $90 - } { + $110 + }.
{ - (c) - } { + (C) + } For vehicles other than vehicles
for which the title fee is described in { - paragraph (b) of
this subsection, $55 - } { + subparagraph (B) of this paragraph,
$110 + }.
{ - (5) - } { + (e) + } The fee under subsection (4) of
this section { - must - } { + may not + } be paid at the same
time as a transfer fee under this section if application is made
at the same time as application for transfer.
{ - (6) - } { + (f) + } The fee for issuance of a new
certificate of title under ORS 803.220 indicating a change of
name or address:
{ - (a) - } { + (A) + } For a new salvage title
certificate, { - $17 - } { + $27 + }.
{ - (b) - } { + (B) + } For trailers eligible for permanent
registration under ORS 803.415 (1) and motor vehicles with a
gross vehicle weight rating over 26,000 pounds, excluding motor
homes, { - $90 - } { + $110 + }.
{ - (c) - } { + (C) + } For vehicles other than vehicles
for which the title fee is described in { - paragraph (b) of
this subsection, $55 - } { + subparagraph (B) of this paragraph,
$110 + }.
{ - (7) - } { + + } { + (g) + } The fee for late
presentation of certificate of title under ORS 803.105, $25 from
the 31st day after the transfer through the 60th day after the
transfer and $50 thereafter.
{ - (8) - } { + (h) + } The fees for title transactions
involving a form of title other than a certificate shall be the
amounts established by the Department of Transportation by rule
under ORS 803.012.
{ + (2) In addition to the fee required by subsection (1)(b)
of this section, if title has never been issued in this state for
a vehicle for which registration fees are established under ORS
803.420, the department shall charge a fee of $100. + }
SECTION 30. ORS 803.090, as amended by section 29 of this 2009
Act, is amended to read:
803.090. (1) The following fees are the fees for the
transaction described:
(a) The transfer fee under ORS 803.092:
(A) For a salvage title, $27.
(B) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $110.
(C) For vehicles other than vehicles for which the title fee is
described in subparagraph (B) of this paragraph, $110.
(b) The fee for issuance of a certificate of title under ORS
803.045:
(A) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $110.
(B) For vehicles other than vehicles for which the title fee is
described in subparagraph (A) of this paragraph, $110.
(c) The fee for issuance of a salvage title certificate under
ORS 803.140, $27.
(d) The fee for issuance of a duplicate or replacement
certificate of title under ORS 803.065:
(A) For a duplicate or replacement salvage title certificate,
$27.
(B) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $110.
(C) For vehicles other than vehicles for which the title fee is
described in subparagraph (B) of this paragraph, $110.
(e) The fee under subsection (4) of this section may not be
paid at the same time as a transfer fee under this section if
application is made at the same time as application for transfer.
(f) The fee for issuance of a new certificate of title under
ORS 803.220 indicating a change of name or address:
(A) For a new salvage title certificate, $27.
(B) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $110.
(C) For vehicles other than vehicles for which the title fee is
described in subparagraph (B) of this paragraph, $110.
(g) The fee for late presentation of certificate of title under
ORS 803.105, $25 from the 31st day after the transfer through the
60th day after the transfer and $50 thereafter.
(h) The fees for title transactions involving a form of title
other than a certificate shall be the amounts established by the
Department of Transportation by rule under ORS 803.012.
(2) In addition to the fee required by subsection (1)(b) of
this section, if title has never been issued in this state for a
vehicle for which registration fees are established under ORS
803.420, the department shall charge a fee of { - $100. - }
{ + :
(a) $50 for a vehicle with a vehicle registration weight of
less than 26,001 pounds with an Environmental Protection Agency
combined fuel economy rating of at least 30 miles per gallon.
(b) $100 for a vehicle with a vehicle registration weight of
less than 26,001 pounds with an Environmental Protection Agency
combined fuel economy rating of less than 30 miles per
gallon. + }
SECTION 31. ORS 803.420 is amended to read:
803.420. This section establishes registration fees for
vehicles. If there is uncertainty as to the classification of a
vehicle for purposes of the payment of registration fees under
the vehicle code, the Department of Transportation may classify
the vehicle to assure that registration fees for the vehicle are
the same as for vehicles the department determines to be
comparable. The registration fees for the vehicle shall be those
based on the classification determined by the department. Except
as otherwise provided in this section, or unless the vehicle is
registered quarterly, the fees described in this section are for
an entire registration period for the vehicle as described under
ORS 803.415. The department shall apportion any fee under this
section to reflect the number of quarters registered for a
vehicle registered for a quarterly registration period under ORS
803.415. The fees are payable when a vehicle is registered and
upon renewal of registration. Except as provided in ORS 801.041
(3) and 801.042 (7), the fee shall be increased by any amount
established by the governing body of a county or by the governing
body of a district, as defined in ORS 801.237 under ORS 801.041
or 801.042 as an additional registration fee for the vehicle. The
fees for registration of vehicles are as follows:
(1) Vehicles not otherwise provided for in this section or ORS
821.320, { - $27 - } { + $81 + } for each year of the
registration period.
(2) Mopeds, { - $15 - } { + $45 + } for each year of the
registration period.
(3) Motorcycles, { - $15 - } { + $45 + } for each year of
the registration period.
(4) Government-owned vehicles registered under ORS 805.040,
$3.50.
(5) State-owned vehicles registered under ORS 805.045, $3.50 on
registration or renewal.
(6) Undercover vehicles registered under ORS 805.060, $3.50 on
registration or renewal.
(7) Antique vehicles registered under ORS 805.010, $54.
(8) Vehicles of special interest registered under ORS 805.020,
$81.
(9) Electric vehicles and hybrid vehicles that use electricity
and another source of motive power, as follows:
(a) The registration fee for an electric or hybrid vehicle not
otherwise described in this subsection is { - $27 - } { +
$81 + } for each year of the registration period.
(b) The registration fee for electric or hybrid vehicles that
have two or three wheels is { - $27 - } { + $45 + }. This
paragraph does not apply to electric or hybrid mopeds. Electric
or hybrid mopeds are subject to the same registration fee as
otherwise provided for mopeds under this section.
(c) The registration fees for the following electric or hybrid
vehicles are the same as for comparable nonelectric vehicles
described in this section plus 50 percent of such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under
ORS 803.430 or 826.013.
(10) Motor vehicles required to establish a registration weight
under ORS 803.430 or 826.013, and commercial buses as provided in
the following chart, based upon the weight submitted in the
declaration of weight prepared under ORS 803.435 or 826.015:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less ${ -
27 - }
{ +
81 + }
8,001 t10,000 169
10,001t12,000 192
12,001t14,000 215
14,001t16,000 238
16,001t18,000 261
18,001t20,000 291
20,001t22,000 314
22,001t24,000 345
24,001t26,000 375
26,001t28,000 184
28,001t30,000 192
30,001t32,000 207
32,001t34,000 215
34,001t36,000 230
36,001t38,000 238
38,001t40,000 253
40,001t42,000 261
42,001t44,000 276
44,001t46,000 284
46,001t48,000 291
48,001t50,000 307
50,001t52,000 322
52,001t54,000 330
54,001t56,000 337
56,001t58,000 352
58,001t60,000 368
60,001t62,000 383
62,001t64,000 398
64,001t66,000 406
66,001t68,000 421
68,001t70,000 429
70,001t72,000 444
72,001t74,000 452
74,001t76,000 467
76,001t78,000 475
78,001t80,000 490
80,001t82,000 498
82,001t84,000 513
84,001t86,000 521
86,001t88,000 536
88,001t90,000 544
90,001t92,000 559
92,001t94,000 567
94,001t96,000 582
96,001t98,000 590
98,001100,000 598
100,00102,000 613
102,00104,000 621
104,00105,500 636
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(11)(a) Motor vehicles with a registration weight of more than
8,000 pounds that are described in ORS 825.015, that are operated
by a charitable organization as defined in ORS 825.017 (14), that
are certified under ORS 822.205 or that are used exclusively to
transport manufactured structures, as provided in the following
chart:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,001 t10,000 $ 50
10,001t12,000 60
12,001t14,000 65
14,001t16,000 75
16,001t18,000 80
18,001t20,000 90
20,001t22,000 95
22,001t24,000 105
24,001t26,000 110
26,001t28,000 120
28,001t30,000 125
30,001t32,000 135
32,001t34,000 140
34,001t36,000 150
36,001t38,000 155
38,001t40,000 165
40,001t42,000 170
42,001t44,000 180
44,001t46,000 185
46,001t48,000 190
48,001t50,000 200
50,001t52,000 210
52,001t54,000 215
54,001t56,000 220
56,001t58,000 230
58,001t60,000 240
60,001t62,000 250
62,001t64,000 260
64,001t66,000 265
66,001t68,000 275
68,001t70,000 280
70,001t72,000 290
72,001t74,000 295
74,001t76,000 305
76,001t78,000 310
78,001t80,000 320
80,001t82,000 325
82,001t84,000 335
84,001t86,000 340
86,001t88,000 350
88,001t90,000 355
90,001t92,000 365
92,001t94,000 370
94,001t96,000 380
96,001t98,000 385
98,001100,000 390
100,00102,000 400
102,00104,000 405
104,00105,500 415
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) The owner of a vehicle described in paragraph (a) of this
subsection must certify at the time of initial registration, in a
manner determined by the department by rule, that the motor
vehicle will be used exclusively to transport manufactured
structures or exclusively as described in ORS 822.210, 825.015 or
825.017 (14). Registration of a vehicle described in paragraph
(a) of this subsection is invalid if the vehicle is operated in
any manner other than that described in the certification under
this paragraph.
(12) Trailers registered under permanent registration, $10.
(13) Fixed load vehicles as follows:
(a) If a declaration of weight described under ORS 803.435 is
submitted establishing the weight of the vehicle at 3,000 pounds
or less, $54.
(b) If no declaration of weight is submitted or if the weight
of the vehicle is in excess of 3,000 pounds, { - $75 - } { +
$81 + }.
(14) Trailers for hire that are equipped with pneumatic tires
made of an elastic material and that are not travel trailers or
trailers registered under permanent registration, $27.
(15) Trailers registered as part of a fleet under an agreement
reached pursuant to ORS 802.500, the same as the fee for vehicles
of the same type registered under other provisions of the Oregon
Vehicle Code.
(16) Travel trailers, campers and motor homes as follows, based
on length as determined under ORS 803.425:
(a) For travel trailers or campers that are 6 to 10 feet in
length, $81.
(b) For travel trailers or campers over 10 feet in length, $81
plus $6.75 a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 14 feet in length, $54.
(d) For motor homes over 14 feet in length, $126 plus $7.50 a
foot for each foot of length over the first 10 feet.
(17) Special use trailers as follows, based on length as
determined under ORS 803.425:
(a) For lengths 6 to 10 feet, $54.
(b) For special use trailers over 10 feet in length, $54 plus
$3 a foot for each foot of length over the first 10 feet.
(18) Fees for vehicles with proportional registration under ORS
826.009, or proportioned fleet registration under ORS 826.011,
are as provided for vehicles of the same type under this section
except that the fees shall be fixed on an apportioned basis as
provided under the agreement established under ORS 826.007.
(19) For any vehicle that is registered under a quarterly
registration period, a minimum of $15 for each quarter registered
plus an additional fee of $1.
(20) In addition to any other fees charged for registration of
vehicles in fleets under ORS 805.120, the department may charge
the following fees:
(a) A $2 service charge for each vehicle entered into a fleet.
(b) A $1 service charge for each vehicle in the fleet at the
time of renewal.
(21) The registration fee for vehicles with special
registration for disabled veterans under ORS 805.100 is a fee of
$15.
(22) Subject to subsection (19) of this section, the
registration fee for motor vehicles registered as farm vehicles
under ORS 805.300 is as follows based upon the registration
weight given in the declaration of weight submitted under ORS
803.435:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less ${ -
27 - }
{ +
81 + }
8,001 t10,000 { -
30 - }
{ +
85 + }
10,001t12,000 { -
35 - }
{ +
90 + }
12,001t14,000 { -
45 - }
{ +
95 + }
14,001t16,000 { -
50 - }
{ +
100 + }
16,001t18,000 { -
60 - }
{ +
105 + }
18,001t20,000 { -
65 - }
{ +
110 + }
20,001t22,000 { -
75 - }
{ +
115 + }
22,001t24,000 { -
80 - }
{ +
120 + }
24,001t26,000 { -
90 - }
{ +
125 + }
26,001t28,000 { -
95 - }
{ +
130 + }
28,001t30,000 { -
105 - }
{ +
135 + }
30,001t32,000 { -
110 - }
{ +
140 + }
32,001t34,000 { -
120 - }
{ +
145 + }
34,001t36,000 { -
125 - }
{ +
150 + }
36,001t38,000 { -
135 - }
{ +
155 + }
38,001t40,000 { -
140 - }
{ +
160 + }
40,001t42,000 { -
150 - }
{ +
165 + }
42,001t44,000 { -
155 - }
{ +
170 + }
44,001t46,000 { -
165 - }
{ +
170 + }
46,001t48,000 { -
170 - }
{ +
175 + }
48,001t50,000 180
50,001t52,000 185
52,001t54,000 190
54,001t56,000 200
56,001t58,000 210
58,001t60,000 215
60,001t62,000 220
62,001t64,000 230
64,001t66,000 240
66,001t68,000 245
68,001t70,000 250
70,001t72,000 260
72,001t74,000 265
74,001t76,000 275
76,001t78,000 280
78,001t80,000 290
80,001t82,000 295
82,001t84,000 305
84,001t86,000 310
86,001t88,000 320
88,001t90,000 325
90,001t92,000 335
92,001t94,000 340
94,001t96,000 350
96,001t98,000 355
98,001100,000 365
100,00102,000 370
102,00104,000 380
104,00105,500 385
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(23) The registration fee for school vehicles registered under
ORS 805.050 is $7.50.
(24) The registration fee for a low-speed vehicle is $54.
(25) A rental or leasing company, as defined in ORS 221.275,
that elects to initially register a vehicle for an annual or
biennial registration period shall pay a fee of $1 in addition to
the vehicle registration fee provided under this section.
(26) Racing activity vehicles registered under ORS 805.035,
$81.
{ + (27) Medium-speed electric vehicles, $54 for each year of
the registration period. + }
SECTION 32. ORS 319.020 is amended to read:
319.020. (1) Subject to subsections (2) to (4) of this section,
in addition to the taxes otherwise provided for by law, every
dealer engaging in the dealer's own name, or in the name of
others, in the first sale, use or distribution of motor vehicle
fuel or aircraft fuel or withdrawal of motor vehicle fuel or
aircraft fuel for sale, use or distribution within areas in this
state within which the state lacks the power to tax the sale, use
or distribution of motor vehicle fuel or aircraft fuel, shall:
(a) Not later than the 25th day of each calendar month, render
a statement to the Department of Transportation of all motor
vehicle fuel or aircraft fuel sold, used, distributed or so
withdrawn by the dealer in the State of Oregon as well as all
such fuel sold, used or distributed in this state by a purchaser
thereof upon which sale, use or distribution the dealer has
assumed liability for the applicable license tax during the
preceding calendar month.
(b) Except as provided in ORS 319.270, pay a license tax
computed on the basis of { - 24 - } { + 26 + } cents per
gallon on the first sale, use or distribution of such motor
vehicle fuel or aircraft fuel so sold, used, distributed or
withdrawn as shown by such statement in the manner and within the
time provided in ORS 319.010 to 319.430.
(2) When aircraft fuel is sold, used or distributed by a
dealer, the license tax shall be computed on the basis of nine
cents per gallon of fuel so sold, used or distributed, except
that when aircraft fuel usable in aircraft operated by turbine
engines (turbo-prop or jet) is sold, used or distributed, the tax
rate shall be one cent per gallon.
(3) In lieu of claiming refund of the tax paid on motor vehicle
fuel consumed by such dealer in nonhighway use as provided in ORS
319.280, 319.290 and 319.320, or of any prior erroneous payment
of license tax made to the state by such dealer, the dealer may
show such motor vehicle fuel as a credit or deduction on the
monthly statement and payment of tax.
(4) The license tax computed on the basis of the sale, use,
distribution or withdrawal of motor vehicle or aircraft fuel
shall not be imposed wherever such tax is prohibited by the
Constitution or laws of the United States with respect to such
tax.
SECTION 33. ORS 319.530 is amended to read:
319.530. (1) To compensate this state partially for the use of
its highways, an excise tax hereby is imposed at the rate of
{ - 24 - } { + 26 + } cents per gallon on the use of fuel in
a motor vehicle. Except as otherwise provided in subsections (2)
and (3) of this section, 100 cubic feet of fuel used or sold in a
gaseous state, measured at 14.73 pounds per square inch of
pressure at 60 degrees Fahrenheit, is taxable at the same rate as
a gallon of liquid fuel.
(2) One hundred twenty cubic feet of compressed natural gas
used or sold in a gaseous state, measured at 14.73 pounds per
square inch of pressure at 60 degrees Fahrenheit, is taxable at
the same rate as a gallon of liquid fuel.
(3) One and three-tenths liquid gallons of propane at 60
degrees Fahrenheit is taxable at the same rate as a gallon of
other liquid fuel.
SECTION 34. ORS 818.225 is amended to read:
818.225. (1)(a) In addition to any fee for a single-trip
nondivisible load permit, a person who is issued the permit or
who operates a vehicle in a manner that requires the permit is
liable for payment of a road use assessment fee of { - five and
seven-tenths cents - } { + ___ + } per equivalent single-axle
load mile traveled. As used in this subsection, 'equivalent
single-axle load' means the relationship between actual or
requested weight and an 18,000 pound single-axle load as
determined by the American Association of State Highway and
Transportation Officials Road Tests reported at the Proceedings
Conference of 1962. The Department of Transportation may adopt
rules to standardize the determination of equivalent single-axle
load computation based on average highway conditions.
(b) If the road use assessment fee is not collected at the time
of issuance of the permit, the department shall bill the
permittee for the amount due. The account shall be considered
delinquent if not paid within 60 days of billing.
(c) The miles of travel authorized by a single-trip
nondivisible load permit shall be exempt from taxation under ORS
chapter 825.
(2) The department by rule may establish procedures for
payment, collection and enforcement of the fees and assessments
established by this chapter.
SECTION 35. ORS 825.476 is amended to read:
825.476.
_________________________________________________________________
MILEAGE TAX RATE TABLE '
A '
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Declared Combined Fee Rates
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight Groups Per Mile
(Pounds) (Mills)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
26,028,000 { -
40.0 - }
{ +
___ + }
28,030,000 { -
42.4 - }
{ +
___ + }
30,032,000 { -
44.3 - }
{ +
___ + }
32,034,000 { -
46.3 - }
{ +
___ + }
34,036,000 { -
48.1 - }
{ +
___ + }
36,038,000 { -
50.6 - }
{ +
___ + }
38,040,000 { -
52.5 - }
{ +
___ + }
40,042,000 { -
54.4 - }
{ +
___ + }
42,044,000 { -
56.4 - }
{ +
___ + }
44,046,000 { -
58.3 - }
{ +
___ + }
46,048,000 { -
60.2 - }
{ +
___ + }
48,050,000 { -
62.2 - }
{ +
___ + }
50,052,000 { -
64.5 - }
{ +
___ + }
52,054,000 { -
66.9 - }
{ +
___ + }
54,056,000 { -
69.4 - }
{ +
___ + }
56,058,000 { -
72.3 - }
{ +
___ + }
58,060,000 { -
75.6 - }
{ +
___ + }
60,062,000 { -
79.5 - }
{ +
___ + }
62,064,000 { -
83.9 - }
{ +
___ + }
64,066,000 { -
88.7 - }
{ +
___ + }
66,068,000 { -
95.0 - }
{ +
___ + }
68,070,000 { -
101.7 - }
{ +
___ + }
70,072,000 { -
108.4 - }
{ +
___ + }
72,074,000 { -
114.6 - }
{ +
___ + }
74,076,000 { -
120.5 - }
{ +
___ + }
76,078,000 { -
126.3 - }
{ +
___ + }
78,080,000 { -
131.6 - }
{ +
___ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
AXLE-WEIGHT MILEAGE
TAX RATE TABLE '
B '
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Declared ComNumber of Axles
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight Groups 5 6 7 8 9 or
(Pounds) (Mills) more
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
80,00t82,000 { -
124.311110.4 104.1 - }
{ +
___
___
___
___
___ + }
82,00t84,000 { -
126.311111.8 105.5 - }
{ +
___
___
___
___
___ + }
84,00t86,000 { -
129.212113.2 107.0 - }
{ +
___
___
___
___
___ + }
86,00t88,000 { -
132.012115.2 108.4 - }
{ +
___
___
___
___
___ + }
88,00t90,000 { -
135.412117.1 110.4 - }
{ +
___
___
___
___
___ + }
90,00t92,000 { -
139.312119.0 112.3 - }
{ +
___
___
___
___
___ + }
92,00t94,000 { -
143.112120.9 113.8 - }
{ +
___
___
___
___
___ + }
94,00t96,000 { -
147.513122.9 115.6 - }
{ +
___
___
___
___
___ + }
96,00t98,000 { -
152.813124.9 117.6 - }
{ +
___
___
___
___
___ + }
98,00100,000 { -
135119.5.- }
{ +
___
___
___
___ + }
100,0102,000 { -
130.1121.5 - }
{ +
___
___
___ + }
102,0104,000 { -
133.0123.9 - }
{ +
___
___
___ + }
104,0105,500 { -
135.9126.3 - }
{ +
___
___
___ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 36. ORS 825.480 is amended to read:
825.480. (1)(a) In lieu of other fees provided in ORS 825.474,
carriers engaged in operating motor vehicles in the
transportation of logs, poles, peeler cores or piling may pay
annual fees for such operation computed at the rate of { - six
dollars and ten cents - } { + ___ + } for each 100 pounds of
declared combined weight.
(b) Any carrier electing to pay fees under this method may, as
to vehicles otherwise exempt from taxation, elect to be taxed on
the mileage basis for movements of such empty vehicles over
public highways whenever operations are for the purpose of
repair, maintenance, servicing or moving from one exempt highway
operation to another.
(2) The annual fees provided in subsections (1), (4) and (5) of
this section may be paid on a monthly basis. Any carrier electing
to pay fees under this method may not change an election during
the same calendar year in which the election is made, but may be
relieved from the payment due for any month on a motor vehicle
which is not operated. A carrier electing to pay fees under this
method shall report and pay these fees on or before the 10th of
each month for the preceding month's operations. A monthly report
shall be made on all vehicles on the annual fee basis including
any vehicle not operated for the month.
(3)(a) In lieu of the fees provided in ORS 825.470 to 825.474,
motor vehicles described in ORS 825.024 with a combined weight of
less than 46,000 pounds that are being operated under a permit
issued under ORS 825.102 may pay annual fees for such operation
computed at the rate of { - five dollars - } { + ___ + } for
each 100 pounds of declared combined weight.
(b) The annual fees provided in this subsection shall be paid
in advance but may be paid on a monthly basis on or before the
first day of the month. A carrier may be relieved from the fees
due for any month during which the motor vehicle is not operated
for hire if a statement to that effect is filed with the
Department of Transportation on or before the fifth day of the
first month for which relief is sought.
(4)(a) In lieu of other fees provided in ORS 825.474, carriers
engaged in the operation of motor vehicles equipped with dump
bodies and used in the transportation of sand, gravel, rock,
dirt, debris, cinders, asphaltic concrete mix, metallic ores and
concentrates or raw nonmetallic products, whether crushed or
otherwise, moving from mines, pits or quarries may pay annual
fees for such operation computed at the rate of { - six dollars
and five cents - } { + ___ + } for each 100 pounds of declared
combined weight.
(b) Any carrier electing to pay fees under this method may, as
to vehicles otherwise exempt for taxation, elect to be taxed on
the mileage basis for movements of such empty vehicles over
public highways whenever operations are for the purpose of
repair, maintenance, servicing or moving from one exempt highway
operation to another.
(5)(a) In lieu of other fees provided in ORS 825.474, carriers
engaged in operating motor vehicles in the transportation of wood
chips, sawdust, barkdust, hog fuel or shavings may pay annual
fees for such operation computed at the rate of
{ - twenty-four dollars and sixty-two cents - } { + ___ + }
for each 100 pounds of declared combined weight.
(b) Any carrier electing to pay under this method may, as to
vehicles otherwise exempt from taxation, elect to be taxed on the
mileage basis for movement of such empty vehicles over public
highways whenever operations are for the purpose of repair,
maintenance, service or moving from one exempt highway operation
to another.
SECTION 37. { + Sections 38 and 39 + } { + of this 2009 Act
are added to and made a part of ORS chapter 366. + }
SECTION 38. { + (1) The following moneys shall be allocated as
described in subsections (2) and (3) of this section:
(a) The amount attributable to the fee increases by the
amendments to ORS 803.090 by sections 29 and 30 of this 2009 Act.
(b) The amount attributable to the fee increases by the
amendments to ORS 803.420 by section 31 of this 2009 Act.
(c) The amount attributable to the increase in fees and tax
rates created by the amendments to ORS 319.020, 319.530, 818.225,
825.476 and 825.480 by sections 32 to 36 of this 2009 Act.
(2) The moneys described in subsection (1) of this section
shall be allocated first in an amount equivalent to the federal
funds reserved by the Oregon Transportation Commission for
eligible nonhighway purposes under section 15 of this 2009 Act to
the Department of Transportation with the remainder as provided
in subsection (3) of this section.
(3) The remainder of the moneys described in subsection (2) of
this section shall be allocated as follows:
(a) 50 percent to the Department of Transportation.
(b) 30 percent to counties for distribution as provided in ORS
366.762.
(c) 20 percent to cities for distribution as provided in ORS
366.800.
(4) The moneys described in subsection (3)(a) of this section
or equivalent amounts that become available to the Department of
Transportation shall be allocated as follows:
(a) 2.86 percent to the Timber Counties Safety Net Account
established by section 39 of this 2009 Act.
(b) 5.71 percent for studies and developing technology needed
to implement pilot programs for congestion pricing and for
alternatives to taxing highway use through motor vehicle fuel
taxes as authorized under sections 5, 7 and 8 of this 2009 Act.
(c) 0.22 percent to the Transportation Utility Commission
established under section 1 of this 2009 Act.
(d) 0.22 percent to the Department of Environmental Quality.
(e) 15.38 percent for maintenance and safety of highways.
(f) 10.99 percent for preservation of highways.
(g) 4.40 percent for bridges.
(h) 9.67 percent for operation of highways.
(i) 50.55 percent for modernization as defined in ORS
367.622. + }
SECTION 39. { + The Timber Counties Safety Net Account is
established within the State Highway Fund. The account shall
consist of moneys paid into the account under section 38 of this
2009 Act. All moneys in the account are continuously appropriated
to the Department of Transportation for the purpose of assisting
counties that have a county road base funding deficit, as defined
in ORS 366.772. Moneys in the account, with the approval of the
State Treasurer, may be invested as provided by ORS 293.701 to
293.820 and the earnings from such investments must be credited
to the account. + }
SECTION 40. ORS 366.739 is amended to read:
366.739. Except as otherwise provided in ORS 366.744 { + and
section 38 of this 2009 Act + }, the taxes collected under ORS
319.020, 319.530, 803.090, 803.420, 818.225, 825.476 and 825.480,
minus $71.2 million per biennium, shall be allocated 24.38
percent to counties under ORS 366.762 and 15.57 percent to cities
under ORS 366.800.
SECTION 41. ORS 267.385 is amended to read:
267.385. (1) To carry out the powers granted by ORS 267.010 to
267.390, a district may by ordinance impose an excise tax on
every employer equal to not more than { - seven-tenths - }
{ + eight-tenths + } of one percent of the wages paid with
respect to the employment of individuals. For the same purposes,
a district may by ordinance impose a tax on each individual equal
to not more than
{ - seven-tenths - } { + eight-tenths + } of one percent of
the individual's net earnings from self-employment.
(2) No employer shall make a deduction from the wages of an
employee to pay all or any portion of a tax imposed under this
section.
(3) The provisions of ORS 305.620 are applicable to collection,
enforcement, administration and distribution of a tax imposed
under this section.
(4) At any time an employer or individual fails to remit the
amount of taxes when due under an ordinance of the district board
imposing a tax under this section, the Department of Revenue may
enforce collection by the issuance of a distraint warrant for the
collection of the delinquent amount and all penalties, interest
and collection charges accrued thereon. Such warrant shall be
issued and may be enforced in the same manner and have the same
force and effect as prescribed with respect to warrants for the
collection of delinquent state income taxes.
(5) Any ordinance adopted under subsection (1) of this section
shall require an individual having net earnings from
self-employment from activity both within and without the
district taxable by the State of Oregon to allocate and apportion
such net earnings to the district in the manner required for
allocation and apportionment of income under ORS 314.280 and
314.605 to 314.675. Such ordinance shall give the individual the
option of apportioning income based on a single factor designated
by the ordinance.
(6) Any ordinance adopted under subsection (1) of this section
with respect to net earnings from self-employment may impose a
tax for a taxable year measured by each individual's net earnings
from self-employment for the prior taxable year, whether such
prior taxable year begins before or after November 1, 1981, or
such ordinance.
(7) Any ordinance imposing a tax authorized by subsection (1)
of this section shall not apply to any business, trade,
occupation or profession upon which a tax is imposed under ORS
267.360.
(8) The district board may not adopt an ordinance increasing a
tax authorized by subsection (1) of this section unless the board
makes a finding that the economy in the district has recovered to
an extent sufficient to warrant the increase in tax. In making
the finding, the board shall consider regional employment and
income growth.
SECTION 42. { + Notwithstanding ORS 267.385 (1) and subject to
ORS 267.260 (3) and (6), an increase in any tax imposed on wages
or on net earnings from self-employment that is authorized by a
mass transit district under ORS 267.385 (1) on or after January
1, 2010, must be phased in over a 10-year period. The district
shall by ordinance set forth the increments by which the increase
in tax is phased in. Subject to ORS 267.260 (3) and (6), each
annual increment may not increase the rate of tax by more than
0.02 percent of the wages or net earnings from
self-employment. + }
SECTION 43. ORS 267.615 is amended to read:
267.615. { - (1) - } For the purpose of performing any of
the powers conferred by ORS 267.510 to 267.650, a transportation
district may use any of the following methods of financing:
{ - (a) - } { + (1) + } Service charges and user fees
collected under ORS 267.570 (1)(d).
{ - (b) - } { + (2) + } Levy { + of + } ad valorem taxes
under ORS 267.620.
{ - (c) - } { + (3) + } Use of a revolving fund as
authorized for mass transit districts under ORS 267.310.
{ - (d) - } { + (4) + } Sale of bonds under ORS 267.630 and
267.640.
{ - (e) - } { + (5) + } Levy of business license fees as
authorized for mass transit districts under ORS 267.360.
{ - (f) - } { + (6) + } Levy of a tax measured by net
income as authorized for mass transit districts under ORS
267.370.
{ - (g) - } { + (7) + } Levy of a tax measured by employer
payrolls as authorized for mass transit districts under ORS
267.380 and 267.385.
{ - (h) - } { + (8) + } Acceptance and use of any
contributions or loans from the United States, without limitation
by any other provision of ORS 267.510 to 267.650 requiring
approval of indebtedness.
{ - (i) - } { + (9) + } Any combination of the provisions
of { - paragraphs (a) to (h) of this subsection - } { +
subsections (1) to (8) of this section + }.
{ - (2) A district shall not use any method of financing
authorized under subsection (1)(c) to (g) of this section without
first obtaining authorization at a properly called election held
for that purpose. - }
SECTION 44. ORS 267.430 is amended to read:
267.430. ORS 267.300, 267.380, 267.410 to 267.430 do not apply
to entities described in ORS 267.380 (1)(a)(C) that made, and
that continue to make, payments under the provisions of ORS
291.405 and 291.407 equivalent to the rate in effect on January
1, 1989. If a mass transit district or transportation district
does not collect a tax under ORS 267.300 (1)(g) or 267.615
{ - (1)(g) - } { + (7) + }, ORS 267.300, 267.380 and 267.410 to
267.430 do not affect payment under ORS 291.405 and 291.407.
SECTION 45. ORS 366.514 is amended to read:
366.514. (1) Out of the funds received by the Department of
Transportation or by any county or city from the State Highway
Fund reasonable amounts shall be expended as necessary to provide
footpaths and bicycle trails, including curb cuts or ramps as
part of the project. Footpaths and bicycle trails, including curb
cuts or ramps as part of the project, shall be provided wherever
a highway, road or street is being constructed, reconstructed or
relocated. Funds received from the State Highway Fund may also be
expended to maintain footpaths and trails and to provide
footpaths and trails along other highways, roads and streets.
(2) Footpaths and trails are not required to be established
under subsection (1) of this section:
(a) Where the establishment of such paths and trails would be
contrary to public safety;
(b) If the cost of establishing such paths and trails would be
excessively disproportionate to the need or probable use; or
(c) Where sparsity of population, other available ways or other
factors indicate an absence of any need for such paths and
trails.
(3) The amount expended by the department or by a city or
county as required or permitted by this section shall never in
any one fiscal year be less than { - one - } { + 1-1/2
+ }percent of the total amount of the funds received from the
highway fund. However:
(a) This subsection does not apply to a city in any year in
which the { - one - } { + 1-1/2 + } percent equals $250 or
less, or to a county in any year in which the { - one - }
{ + 1-1/2 + } percent equals $1,500 or less.
(b) A city or county in lieu of expending the funds each year
may credit the funds to a financial reserve fund in accordance
with ORS 294.525, to be held for not more than 10 years, and to
be expended for the purposes required or permitted by this
section.
(c) For purposes of computing amounts expended during a fiscal
year under this subsection, the department, a city or county may
record the money as expended:
(A) On the date actual construction of the facility is
commenced if the facility is constructed by the city, county or
department itself; or
(B) On the date a contract for the construction of the
facilities is entered with a private contractor or with any other
governmental body.
(4) For the purposes of this chapter, the establishment of
paths, trails and curb cuts or ramps and the expenditure of funds
as authorized by this section are for highway, road and street
purposes. The department shall, when requested, provide technical
assistance and advice to cities and counties in carrying out the
purpose of this section. The department shall recommend
construction standards for footpaths and bicycle trails. Curb
cuts or ramps shall comply with the requirements of ORS 447.310
and rules adopted under ORS 447.231. The department shall, in the
manner prescribed for marking highways under ORS 810.200, provide
a uniform system of signing footpaths and bicycle trails which
shall apply to paths and trails under the jurisdiction of the
department and cities and counties. The department and cities and
counties may restrict the use of footpaths and bicycle trails
under their respective jurisdictions to pedestrians and
nonmotorized vehicles, except that motorized wheelchairs shall be
allowed to use footpaths and bicycle trails.
(5) As used in this section, 'bicycle trail' means a publicly
owned and maintained lane or way designated and signed for use as
a bicycle route.
SECTION 46. ORS 366.772 is amended to read:
366.772. { - (1) Not later than July 31 in each calendar
year, the sum of $500,000 shall be withdrawn from the
appropriation specified in ORS 366.762, and the sum of $250,000
shall be withdrawn from moneys available to the Department of
Transportation from the State Highway Fund. The sums withdrawn
shall be set up in a separate account to be administered by the
Department of Transportation. - }
{ - (2) Not later than July 31 in each calendar year, the sum
of $750,000 shall be withdrawn from the separate account
described in subsection (1) of this section and distributed to
counties that had a county road base funding deficit in the prior
fiscal year. A county's share of the $750,000 shall be based on
the ratio of the amount of the county's road base funding deficit
to the total amount of county road base funding deficits of all
counties. - }
{ - (3) Moneys allocated as provided in this section may be
used only for maintenance, repair and improvement of existing
roads. - }
{ - (4) - } { + (1) + } As used in this section:
(a) 'Arterial highway' has the meaning given that term in
{ - ORS 801.127 - } { + the Federal Highway Administration
Functional Classification Guidelines, as in effect January 1,
2009 + }.
(b) 'Collector highway' has the meaning given that term in
{ - ORS 801.197 - } { + the Federal Highway Administration
Functional Classification Guidelines, as in effect January 1,
2009 + }.
{ + (c) 'County road' has the meaning given that term in ORS
368.001. + }
{ - (c) - } { + (d) + } 'County road base funding deficit'
means the amount of a county's minimum county road base funding
minus the amount of that county's dedicated county road funding.
A county has a county road base funding deficit only if the
amount of the dedicated county road funding is less than the
amount of the minimum county road base funding.
{ - (d) - } { + (e) + } 'Dedicated county road funding' for
a county means:
(A) Moneys received from federal forest reserves and
apportioned to the county road fund in accordance with ORS
294.060;
(B) State Highway Fund moneys distributed to the county, other
than moneys distributed under this section and not including
moneys allocated under section 15, chapter 911, Oregon Laws 2007;
and
(C) Federal Highway Administration revenues allocated by
formula to the county annually under the federal-aid highway
program authorized by 23 U.S.C. chapter 1. These moneys do not
include federal funds received by the county through a
competitive grant process.
{ - (e) - } { + (f) + } 'Minimum county road base funding'
means { + $1 million or + } $4,500 per mile of county roads that
are arterial and collector highways beginning on July 1, 2008,
{ - and - } { + whichever is greater. For each fiscal year + }
thereafter { - means - } { + the + } $4,500 per mile of
county roads that are arterial and collector highways
{ - as - } { + shall be + } adjusted annually on the basis of
the Portland-Salem, OR-WA, Consumer Price Index for All Urban
Consumers for All Items, as published by the Bureau of Labor
Statistics of the United States Department of Labor.
{ + (2) Not later than July 31 in each calendar year, the
Department of Transportation, in consultation with counties,
shall:
(a) Determine the amount of county road base funding deficit,
if any, in the prior fiscal year for each county; and
(b) Develop a quarterly distribution plan for the fiscal year
beginning July 1 that ensures that each county with a county road
base funding deficit in the prior fiscal year receives an amount
equal to its county road base funding deficit in the prior fiscal
year in addition to the amount distributed to the county under
ORS 366.764.
(3) Prior to the end of the first month of each quarter of the
fiscal year, the Department of Transportation shall withdraw the
funding required to implement the quarterly distribution plan
from the Timber Counties Safety Net Account and, if the moneys in
the Timber Counties Safety Net Account are not sufficient to
implement the quarterly distribution plan, the balance shall be
withdrawn from the appropriation specified in ORS 366.762. The
sums withdrawn shall be deposited in a separate account to be
administered by the department.
(4) Prior to the end of the first month of each quarter of the
fiscal year, after the moneys are deposited in the separate
account described in subsection (3) of this section, the
Department of Transportation shall distribute the moneys to
counties that had a county road base funding deficit as indicated
in the quarterly distribution plan.
(5) Moneys allocated as provided in this section may be used
only for maintenance, repair and improvement of existing
roads. + }
SECTION 47. ORS 367.620 is amended to read:
367.620. (1) The principal amount of Highway User Tax Bonds
issued under ORS 367.615 shall be subject to the provisions of
ORS 286A.035.
(2) Highway User Tax Bonds may be issued under ORS 367.615 for
the purposes described in ORS 367.622 in an aggregate principal
amount sufficient to produce net proceeds of not more than $500
million.
(3)(a) Highway User Tax Bonds may be issued under ORS 367.615
for bridge purposes described in section 10 (1), chapter 618,
Oregon Laws 2003, in an aggregate principal amount sufficient to
produce net proceeds of not more than $1.6 billion.
(b) Highway User Tax Bonds may be issued under ORS 367.615 for
modernization purposes described in sections 10 (2) and 11,
chapter 618, Oregon Laws 2003, in an aggregate principal amount
sufficient to produce net proceeds of not more than $300 million.
{ + (c) Highway User Tax Bonds may be issued under ORS
367.615 for the purposes described in section 48 of this 2009
Act, in an aggregate principal amount sufficient to produce net
proceeds of not more than $600 million. + }
{ - (c) - } { + (d) + } The Department of Transportation,
with the approval of the State Treasurer, may designate the
extent to which a series of bonds authorized under this
subsection is secured and payable on a parity of lien or on a
subordinate basis to existing or future Highway User Tax Bonds.
SECTION 48. { + Proceeds of the bonds authorized under ORS
367.620 (3)(c) shall be used to finance projects chosen by the
Oregon Transportation Commission. The commission shall select
projects that relieve freight bottlenecks. + }
SECTION 49. { + The amendments to ORS 367.620 by section 47 of
this 2009 Act do not impair the interests of the owners of any
Highway User Tax Bonds that are outstanding on the effective date
of this 2009 Act or any obligations of the agreements of the
Department of Transportation under its Amended and Restated
Master Highway User Tax Revenue Bond Declaration dated June 1,
2008, as amended and supplemented. + }
SECTION 50. { + Notwithstanding ORS 367.620 (1), the
provisions of ORS 286A.035 do not apply to bonds described in ORS
367.620 (3)(c) for the biennium beginning July 1, 2009. + }
SECTION 51. ORS 801.041 is amended to read:
801.041. The following apply to the authority granted to
counties by ORS 801.040 to establish registration fees for
vehicles:
(1) { + Notwithstanding ORS 203.055 or any provision of a
county charter, + } an ordinance establishing registration fees
under this section must be enacted by the county imposing the
registration fee and filed with the Department of Transportation.
{ - Any ordinance establishing registration fees that is enacted
by the governing body of a county must be submitted to the
electors of the county for their approval. - } The governing
body of the county imposing the registration fee shall enter into
an intergovernmental agreement under ORS 190.010 with the
department by which the department shall collect the registration
fees, pay them over to the county and, if necessary, allow the
credit or credits described in ORS 803.445 (5). The
intergovernmental agreement must state the date on which the
department shall begin collecting registration fees for the
county.
(2) The authority granted by this section allows the
establishment of registration fees in addition to those described
in ORS 803.420. There is no authority under this section to
affect registration periods, qualifications, cards, plates,
requirements or any other provision relating to vehicle
registration under the vehicle code.
(3) Except as otherwise provided for in this subsection, when
registration fees are imposed under this section, they must be
imposed on all vehicle classes. Registration fees as provided
under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under
ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS
805.040 or 805.045.
(g) School buses or school activity vehicles registered under
ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS
805.060.
(i) Vehicles registered on a proportional basis for interstate
operation.
(j) Vehicles with a registration weight of 26,001 pounds or
more described in ORS 803.420 (10) or (11).
(k) Vehicles registered as farm vehicles under the provisions
of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(4) Any registration fee imposed by a county must be a fixed
amount not to exceed, with respect to any vehicle class, the
registration fee established under ORS 803.420 (1). For vehicles
on which a flat fee is imposed under ORS 803.420, the fee must be
a whole dollar amount.
(5) Moneys from registration fees established under this
section must be paid to the county establishing the registration
fees as provided in ORS 802.110. The county ordinance shall
provide for payment of at least 40 percent of the money to cities
within the county unless a different distribution is agreed to
between the county and the cities within the jurisdiction of the
county. The moneys shall be used for any purpose for which moneys
from registration fees may be used.
(6) Two or more counties may act jointly to impose a
registration fee under this section. The ordinance of each county
acting jointly with another under this subsection must provide
for the distribution of moneys collected through a joint
registration fee.
(7) Before the governing body of a county that overlaps a
district can impose a registration fee under this section, it
must enter into an intergovernmental agreement under ORS 190.010
with the governing bodies of that district and all counties,
other districts and cities with populations of over 300,000 that
overlap the district. The intergovernmental agreement must state
the registration fees and, if necessary, how the revenue from the
fees are to be apportioned among the counties and the districts.
Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the
cities in its jurisdiction.
SECTION 52. ORS 803.570 is amended to read:
803.570. Except as otherwise specifically provided by law, the
Department of Transportation shall collect the fee described by
this section each time the department issues a registration plate
upon the registration of a vehicle or at other times when a
registration plate is issued by the department. The following all
apply to the fee established by this section:
(1) The fee shall be in addition to any other fee collected
upon issuance of a registration plate.
{ - (2) The fee for each registration plate issued and for
each set of two plates issued shall be determined by the
department and shall be established by the department by rule.
The fee may not exceed $3 for one plate and $5 for a set of two
plates. - }
{ + (2) The fee for each registration plate issued and for
each set of two plates issued shall be determined by the
department by rule.
(3) The department shall establish the fee for each
registration plate issued and for each set of two plates issued
under this section by determining the cost to manufacture each
plate and each set of two plates. The department shall round the
amount of the fee to the next higher half-dollar.
(4) If the difference between the cost to manufacture a single
plate and the cost to manufacture a pair of plates would result
in a difference in the fee established under this section, the
department shall establish separate fees for issuance of single
registration plates and pairs of registration plates. + }
SECTION 53. ORS 805.250 is amended to read:
805.250. This section establishes fees for issuance of
registration plates authorized under ORS 805.200. If a fee for
plates authorized in ORS 805.200 is not established in this
section, the fee is the same fee as established under ORS
803.570. Where a fee is established under this section, the fee
is in addition to the fee established under ORS 803.570 unless
otherwise provided in the following:
(1) Amateur radio operator registration plates issued under ORS
805.230, $5.
(2) Customized registration plates issued under ORS 805.240:
(a) For original issuance or renewal, { - $25 - } { +
$50 + } annual fee.
(b) For issuance of a duplicate or replacement plate, $5 when
the plate is issued at the time of renewal of registration or $10
when the plate is issued at any other time.
(3) Special interest registration plates approved under ORS
805.210 are approved without cost except as provided in this
subsection, including without payment of the fee established
under ORS 803.570. If identifying stickers are required, $1 per
sticker or pair of stickers.
(4) Dealer plates issued under ORS 822.020 and 822.040 are as
follows:
(a) For the original dealer plate, no fee except the fee
established under ORS 803.570.
(b) For replacement dealer plates, $10 for each plate except
that persons dealing exclusively in motorcycles, mopeds,
snowmobiles or any combination of those vehicles shall pay only
$3 for each replacement plate.
(c) For additional plates, or for renewal of registration, $42,
except that persons dealing exclusively in motorcycles, mopeds or
snowmobiles or any combination of those vehicles shall pay only
$9 for each additional plate, or for renewal of registration.
(5) Special vehicle transporter plates or devices issued under
ORS 822.310, $5 for each plate or device.
SECTION 54. ORS 822.043 is amended to read:
822.043. (1) As used in this section:
(a) 'Integrator' has the meaning given that term in ORS
802.600.
(b) 'Vehicle dealer' means a person issued a vehicle dealer
certificate under ORS 822.020.
(2) A vehicle dealer may elect to prepare, submit, or prepare
and submit documents necessary to:
(a) Issue or transfer a certificate of title for a vehicle;
(b) Register a vehicle or transfer registration of a vehicle;
or
(c) Issue a registration plate.
(3) A vehicle dealer who prepares any documents described in
subsection (2) of this section:
(a) May charge a purchaser of a vehicle a fee for the
preparation of those documents.
(b) May not charge a purchaser of a vehicle a fee for the
submission of any document or the issuance of a registration
plate.
(4) The Department of Transportation may adopt rules to:
(a) Limit the amount of a fee charged under subsection (3) of
this section. The limit established by rule may not be less than:
(A) { - $75 - } { + $100 + }, if the vehicle dealer uses an
integrator; or
(B) { - $50 - } { + $75 + }, if the vehicle dealer does not
use an integrator.
(b) Determine when a vehicle dealer is required to inform the
purchaser of the vehicle of the option of using an integrator and
when the purchaser has the option of electing to use an
integrator.
(5) Unless otherwise provided by rule, if a vehicle dealer uses
an integrator and charges a fee greater than that charged for not
using an integrator, the dealer must inform the purchaser of the
vehicle of the option of using an integrator to prepare the
documents. The purchaser may then elect whether or not to have
the vehicle dealer use an integrator to prepare the documents.
SECTION 55. Section 4, chapter 545, Oregon Laws 2003, is
amended to read:
{ + Sec. 4. + } Sections 2 and 3 { + , chapter 545, Oregon
Laws 2003, + } { - of this 2003 Act - } apply to tax years
beginning on or after January 1, 2005, and before January 1,
{ - 2010 - } { + 2015 + }.
SECTION 56. { + ORS 267.302 and sections 8 and 9, chapter 739,
Oregon Laws 2003, are repealed. + }
SECTION 57. { + The amendments to ORS 801.041 by section 51 of
this 2009 Act apply to ordinances enacted by the governing body
of a county on or after the effective date of this 2009 Act. + }
SECTION 58. { + The amendments to ORS 803.090 by section 30 of
this 2009 Act become operative on January 1, 2011. + }
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