71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2137
 
LC 851/HB 2137-A6
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2137
 
                 By COMMITTEE ON PUBLIC AFFAIRS
 
                             May 15
 
  On page 1 of the printed A-engrossed bill, line 2, after '
802.110,' insert '802.120,' and before 'and' insert ', 811.170'.
  On page 9, delete lines 42 through 45 and insert:
  ' (b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.300.'.
  On page 10, after line 12, insert:
  '  { +  SECTION 9. + } ORS 802.120 is amended to read:
  ' 802.120. (1) Motor vehicle fuel used and purchased for
providing the motive power for snowmobiles shall be considered a
nonhighway use of fuel.
  '  { - (2) Persons who purchase and use motor vehicle fuel to
provide the motive power for snowmobiles are not entitled under
ORS chapter 319 to a refund of excise tax paid on motor vehicle
fuel under that chapter. - }
  '  { - (3) - }  { +  (2) + } The Director of Transportation
shall withhold, from taxes collected under ORS chapter 319 during
June of each year, amounts the director determines to have been
paid as tax under ORS chapter 319 on fuel used in snowmobiles
during the preceding 12-month period ending June 30 { +  and that
were not refunded + }.
  '  { - (4) - }  { +  (3) + } Moneys withheld by the director
under this section are subject to disposition as provided in ORS
802.110.
  '  { - (5) - }  { +  (4) + } The director shall do all of the
following:
  ' (a) Establish a reasonable manner to determine the amount of
money to be withheld under this section from the tax on motor
vehicle fuels under ORS chapter 319.
  ' (b) Determine the amount or proportion of moneys to be
withheld under this section at least once each four years.
  ' (c) Report the manner used to determine the amount of money
withheld under this section to the Legislative Assembly at the
end of each four-year period.
  '  { +  SECTION 10. + } ORS 811.170 is amended to read:
  ' 811.170. (1) A person commits the offense of violation of the
open container law in a motor vehicle if the person does any of
the following:
  ' (a) Drinks any alcoholic liquor in a motor vehicle when the
vehicle is upon a highway.
  ' (b) Possesses on one's person, while in a motor vehicle upon
a highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed.
  ' (c) Keeps in a motor vehicle when the vehicle is upon any
highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed. The following
apply to this paragraph:
  ' (A) This paragraph applies only to the registered owner of
any motor vehicle or, if the registered owner is not then present
in the vehicle, to the driver of the vehicle.
  ' (B) This paragraph does not apply if the bottle, can or other
receptacle is kept in the trunk of the vehicle, or kept in some
other area of the vehicle not normally occupied by the driver or
passengers if the vehicle is not equipped with a trunk.
  ' (C) For purposes of this paragraph, a utility compartment or
glove compartment is considered within the area occupied by the
driver and passengers.
  ' (D) This paragraph does not apply to the living quarters of a
camper or motor home.
  ' (2) The offense described in this section does not apply to
  { - a motor vehicle operated by a publicly owned transit system
or - }  { + passengers in + } a motor vehicle operated by a
common carrier and used primarily to carry passengers for hire.
  ' (3) The offense described in this section, violation of the
open container law in a motor vehicle, is a Class B traffic
violation.'.
  In line 13, delete '9' and insert '11'.
  In line 14, delete '10' and insert '12'.
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