71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3716
A-Engrossed
House Bill 3882
Ordered by the House June 20
Including House Amendments dated June 20
Sponsored by Representative STARR (at the request of Department
of Transportation)
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.
Establishes Department of Transportation Operating Fund.
Specifies sources and uses of fund.
{ + Modifies certain biennial expenditure limitations and
appropriations for Department of Transportation. + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to revenues of the Department of Transportation;
creating new provisions; amending ORS 319.280, 366.505, 802.110
and 822.080; appropriating money; limiting expenditures; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Transportation Operating
Fund is established in the State Treasury separate and distinct
from the General Fund and separate and distinct from the State
Highway Fund. Moneys in the Department of Transportation
Operating Fund are continuously appropriated to the Department of
Transportation to pay expenses of the department that are
incurred in the performance of functions the department is
statutorily required or authorized to perform and that may not
constitutionally be paid from revenues described in section 3a,
Article IX of the Oregon Constitution.
(2) The operating fund shall consist of the following:
(a) Taxes paid on motor vehicle fuels or on the use of fuel in
a motor vehicle for which a person is entitled to a refund under
a provision described in this paragraph but for which no refund
is claimed, in amounts determined under section 3 of this 2001
Act. This paragraph applies to refund entitlements described in
ORS 319.280 (1)(a) and (e), 319.320 (1)(a) and 319.831 (1)(b).
(b) Fees collected under ORS 822.700 for issuance or renewal
of:
(A) Wrecker certificates;
(B) Vehicle dealer certificates;
(C) Driver training certificates;
(D) Commercial driver training school certificates; and
(E) Appraiser certificates.
(c) Fees collected under ORS 822.705.
(d) Moneys from civil penalties imposed under ORS 822.009 or
822.075.
(e) Fees collected under ORS 807.410 for identification cards.
(f) Fees collected by the department for issuance of permits to
engage in activities described in ORS 374.305 to 374.330 that are
not directly connected to the construction, reconstruction,
improvement, repair, maintenance, operation and use of a public
highway, road, street or roadside rest area.
(g) Interest and other earnings on moneys in the operating
fund. + }
SECTION 2. { + Moneys in the Department of Transportation
Operating Fund established by section 1 of this 2001 Act may be
spent only as follows:
(1) Taxes described in section 1 (2)(a) of this 2001 Act may be
used only for payment of expenses of the Department of
Transportation that:
(a) May not constitutionally be paid from revenues described in
section 3a, Article IX of the Oregon Constitution;
(b) Are incurred in the performance of functions the department
is statutorily required or authorized to perform; and
(c) Are not payable from moneys described in subsections (2) to
(5) of this section.
(2) Fees collected under section 1 (2)(b) of this 2001 Act may
be used only to carry out the regulatory functions of the
department relating to the businesses that generate the fees.
(3) Fees collected under ORS 822.705 may be used only for the
purposes described in ORS 822.705.
(4) Moneys collected from civil penalties imposed under ORS
822.009 or 822.075 may be used only for regulation of vehicle
dealers.
(5) Moneys collected under ORS 807.410 from fees for
identification cards may be used only for performing the
functions of the department relating to identification cards.
(6) Moneys from the permits described in section 1 (2)(f) of
this 2001 Act may be used for costs of issuing the permits and
monitoring the activities that generate the fees.
(7) Moneys from interest and other earnings on moneys in the
operating fund may be used for any purpose for which other moneys
in the fund may be used. + }
SECTION 3. { + Once each year the Oregon Department of
Administrative Services, after consultation with the Oregon
Transportation Commission and the Department of Transportation,
shall estimate the amount of taxes paid for which persons are
entitled to refunds under ORS 319.280 (1)(a) and (e), 319.320
(1)(a) and 319.831 (1)(b). After deducting the amount of any
refunds actually paid, the Oregon Department of Administrative
Services shall certify the remaining amount to the Department of
Transportation and the State Treasurer. The treasurer shall
transfer the remaining amount from the Driver and Motor Vehicle
Suspense Account to the Department of Transportation Operating
Fund established by section 1 of this 2001 Act. + }
SECTION 4. ORS 319.280 is amended to read:
319.280. (1) Any person who has paid any tax on motor vehicle
fuel levied or directed to be paid by ORS 319.010 to 319.430
either directly by the collection of the tax by the vendor from
the consumer, or indirectly by adding the amount of the tax to
the price of the fuel and paid by the consumer, shall be
reimbursed and repaid the amount of such tax paid, except as
provided in ORS 319.290 to 319.330, if such person has:
(a) Purchased and used such fuel for the purpose of operating
or propelling a stationary gas engine, a tractor or a motor boat,
if the motor boat is used for commercial purposes at any time
during the period for which the refund is claimed; { - or - }
(b) Purchased and used such fuel for cleaning or dyeing or
other commercial use, except when used in motor vehicles operated
upon any highway; { - or - }
(c) Purchased and exported such fuel from this state, in
containers other than fuel supply tanks of motor vehicles;
{ - or - }
(d) Purchased and exported such fuel in the fuel supply tank of
a motor vehicle and has used such fuel to operate the vehicle
upon the highways of another state, if the user has paid to the
other state a similar motor vehicle fuel tax on the same fuel, or
has paid any other highway use tax the rate for which is
increased because such fuel was not purchased in, and the tax
thereon paid, to such state { + ; or
(e) Purchased and used such fuel for small engines that are not
used to propel motor vehicles on highways, including but not
limited to those that power lawn mowers, leaf blowers, chain saws
and similar implements + }.
(2) When a motor vehicle with auxiliary equipment uses fuel and
there is no auxiliary motor for such equipment or separate tank
for such a motor, a refund may be claimed and allowed as provided
by subsection (4) of this section, except as otherwise provided
by this subsection, without the necessity of furnishing proof of
the amount of fuel used in the operation of the auxiliary
equipment. The person claiming the refund may present to the
Department of Transportation a statement of the claim and be
allowed a refund as follows:
(a) For fuel used in pumping aircraft fuel, motor vehicle fuel,
fuel or heating oils or other petroleum products by a power
take-off unit on a delivery truck, refund shall be allowed
claimant for tax paid on fuel purchased at the rate of
three-fourths of one gallon for each 1,000 gallons of petroleum
products delivered.
(b) For fuel used in operating a power take-off unit on a
cement mixer truck or on a garbage truck, claimant shall be
allowed a refund of 25 percent of the tax paid on all fuel used
in such a truck.
(3) When a person purchases and uses motor vehicle fuel in a
vehicle equipped with a power take-off unit, a refund may be
claimed for fuel used to operate the power take-off unit provided
the vehicle is equipped with a metering device approved by the
department and designed to operate only while the vehicle is
stationary and the parking brake is engaged; the quantity of fuel
measured by the metering device shall be presumed to be the
quantity of fuel consumed by the operation of the power take-off
unit.
(4) Before any such refund may be granted, the person claiming
such refund must present to the department a statement,
accompanied by the original invoices, or reasonable facsimiles
approved by the department, showing such purchases; provided that
in lieu of original invoices or facsimiles, refunds submitted
under subsection (1)(d) of this section shall be accompanied by
information showing source of the fuel used and evidence of
payment of tax to the state in which the fuel was used. The
statement shall be made over the signature of the claimant, and
shall state the total amount of such fuel for which the claimant
is entitled to be reimbursed under subsection (1) of this
section. The department upon the presentation of the statement
and invoices or facsimiles, or other required documents, shall
cause to be repaid to the claimant from the taxes collected on
motor vehicle fuel such taxes so paid by the claimant.
SECTION 5. ORS 366.505 is amended to read:
366.505. (1) The State Highway Fund shall consist of:
(a) All moneys and revenues derived under and by virtue of the
sale of bonds, the sale of which is authorized by law and the
proceeds thereof to be dedicated to highway purposes.
(b) All moneys and revenues accruing from the licensing of
motor vehicles, operators and chauffeurs.
(c) Moneys and revenues derived from any tax levied upon
gasoline, distillate, liberty fuel or other volatile and
inflammable liquid fuels { + , except moneys and revenues
described in section 1 (2)(a) of this 2001 Act that become part
of the Department of Transportation Operating Fund + }.
(d) Moneys and revenues derived from or made available by the
federal government for road construction, maintenance or
betterment purposes.
(e) All moneys and revenues received from all other sources
which by law are allocated or dedicated for highway purposes.
(2) The highway fund shall be deemed and held as a trust fund,
separate and distinct from the General Fund, and may be used only
for the purposes authorized by law and is continually
appropriated for such purposes.
(3) All interest earnings on any of the funds designated in
subsection (1) of this section shall be placed to the credit of
the highway fund.
SECTION 6. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415 { + , + } { - and - }
amounts transferred to the State Aviation Account by ORS
319.417 { + and amounts transferred to the Department of
Transportation Operating Fund by section 3 of this 2001 Act + }.
(c) After deduction of current expenses of collection and
transfer, the department shall pay moneys collected from the
Motor Vehicle Accident Fund eligibility fee under ORS 807.040,
807.150 and 807.370, to the State Treasurer for deposit to the
credit of the Motor Vehicle Accident Fund. The department shall
pay the moneys under this paragraph on a monthly basis.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(e) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(f) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(g) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(h) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund { + ,
including but not limited to, payments to the Department of
Transportation Operating Fund established by section 1 of this
2001 Act + }.
(i) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Safety Education Fund eligibility fee under ORS 807.040,
807.150 and 807.370 to the State Treasurer for deposit in the
Safety Education Fund established under ORS 802.155.
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain $2,500 per year as the only
payment for the administrative expenses of collecting and
transferring of moneys for the Motor Vehicle Accident Fund as
allowed under this section.
(e) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining moneys shall, upon approval by the Winter
Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall only be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefore by any means other than the exercise of eminent
domain, and 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.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 7. ORS 822.080 is amended to read:
822.080. (1) Civil penalties under ORS 822.009 or 822.075 shall
be imposed in the manner provided in ORS 183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 or 822.075:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 or
822.075 shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
(5) All civil penalties received under ORS 822.009 or 822.075
shall be paid into the State Treasury each month and credited to
the Department of Transportation { - Driver and Motor Vehicle
Suspense Account - } { + Operating Fund established by section
1 of this 2001 Act + }.
SECTION 8. ORS 822.080, as amended by section 200, chapter 849,
Oregon Laws 1999, is amended to read:
822.080. (1) Civil penalties under ORS 822.009 or 822.075 shall
be imposed in the manner provided in ORS 183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 or 822.075:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 or
822.075 shall be conducted by a hearing officer designated by the
department.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
(5) All civil penalties received under ORS 822.009 or 822.075
shall be paid into the State Treasury each month and credited to
the Department of Transportation { - Driver and Motor Vehicle
Suspense Account - } { + Operating Fund established by section
1 of this 2001 Act + }.
SECTION 9. { + Notwithstanding any other law, the limitation
on expenditures established by section 2 (12), chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 5545), for the biennium
beginning July 1, 2001, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts and federal funds received as
reimbursement from the United States Department of Transportation
and the Federal Highway Administration under the Transportation
Equity Act for the 21st Century, collected or received by the
Department of Transportation for motor carrier transportation is
increased by $116,568 for the purposes of paying expenses
incurred by the department that meet the requirements of section
2 (1) of this 2001 Act and that are incurred in performing
functions related to motor carriers. + }
SECTION 10. { + Notwithstanding any other law, the limitation
on expenditures established by section 2 (19), chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 5545), for the biennium
beginning July 1, 2001, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts and federal funds received as
reimbursement from the United States Department of Transportation
and the Federal Highway Administration under the Transportation
Equity Act for the 21st Century, collected or received by the
Department of Transportation for central services is increased by
$15,000 for the purposes of paying for the estimates required by
section 3 of this 2001 Act. + }
SECTION 11. { + Notwithstanding any other provision of law,
the amount appropriated by section 1 (5), chapter ___, Oregon
Laws 2001 (Enrolled Senate Bill 5545), to the Department of
Transportation for motor carrier transportation, for the biennium
beginning July 1, 2001, out of the General Fund, is reduced by
$116,568. + }
SECTION 12. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
----------