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 4157
House Bill 3946
Sponsored by Representatives KRUMMEL, STARR, Senator GEORGE;
Representative VERGER
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 Motor Vehicle Fuel Tax Task Force. Authorizes
Department of Transportation to establish pilot programs to test
alternatives to motor vehicle fuel tax.
Takes effect on 91st day following adjournment sine die.
Sunsets January 2, 2010.
A BILL FOR AN ACT
Relating to alternatives to motor vehicle fuel taxes; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is created the Motor Vehicle Fuel Tax
Task Force consisting of nine members, as follows:
(a) Two members shall be members of the House of
Representatives, appointed by the Speaker of the House of
Representatives.
(b) Two members shall be members of the Senate, appointed by
the President of the Senate.
(c) Four members shall be appointed by the Governor, the
Speaker and the President acting jointly. In making appointments
under this paragraph, the appointing authorities shall consider
individuals who are representative of the telecommunications
industry, of highway users groups, of the Oregon transportation
research community and of national research and policymaking
bodies such as the Transportation Research Board and the American
Association of State Highway and Transportation Officials.
(d) One member shall be a member of the Oregon Transportation
Commission, appointed by the chair of the commission.
(2)(a) The term of a legislator appointed to the task force is
four years except that the legislator ceases to be a member of
the task force when the legislator ceases to be a legislator. A
legislator may be reappointed to the task force.
(b) The term of a member of the task force appointed under
subsection (1)(c) of this section is four years and the member
may be reappointed.
(c) The term of the member of the Oregon Transportation
Commission appointed to the task force is four years except that
the member ceases to be a member of the task force when the
member ceases to be a member of the commission. A member of the
commission may be reappointed to the task force.
(3) A legislator appointed to the task force is entitled to per
diem and other expense payments as authorized by ORS 171.072 from
funds appropriated to the Legislative Assembly. Other members of
the task force are entitled to compensation and expenses as
provided in ORS 292.495.
(4) The Department of Transportation shall provide staff to the
task force.
(5) The task force shall study alternatives to the current
system of taxing highway use through motor vehicle fuel taxes.
The task force shall gather public comment on alternative
approaches and shall make recommendations to the Department of
Transportation and the Oregon Transportation Commission on the
design of pilot programs to be used to test alternative
approaches. The task force may also make recommendations to the
department and the commission on criteria to be used to evaluate
pilot programs. The task force may evaluate any pilot program
implemented by the department and report the results of the
evaluation to the Legislative Assembly, the department and the
commission.
(6) The task force shall report to each regular session of the
Legislative Assembly on the work of the task force, of the
department and of the commission in designing, implementing and
evaluating pilot programs.
(7) Official action by the task force requires the approval of
a majority of the members. Notwithstanding ORS 171.130 and
171.133, the task force by official action may recommend
legislation. Legislation recommended by the task force must
indicate that it is introduced at the request of the task force.
Legislative measures proposed by the task force shall be prepared
in time for presession filing with the Legislative Counsel by
December 15 of the year preceding a regular session of the
Legislative Assembly. + }
SECTION 2. { + (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) 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;
(b) Pay the fee established for the program for use of the
highway system; and
(c) Display in the participant's vehicle an emblem issued under
subsection (6) of this section.
(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) The department shall issue an emblem for each vehicle that
will be used by a participant as part of a pilot program under
this section. 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 for which an emblem has been
issued under this subsection.
(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. The person shall return to the department any
emblem issued to the person under subsection (6) of this section.
(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.
(11) In designing, implementing and evaluating pilot programs
under this section, the department shall consider the
recommendations of the task force created by section 1 of this
2001 Act. + }
SECTION 3. { + (1) The department may use moneys in the State
Highway Fund for financing activities required to support the
task force created by section 1 of this 2001 Act and the pilot
programs established under section 2 of this 2001 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.
(3) The department may accept gifts or donations of equipment
necessary to carry out research and pilot programs under sections
1 and 2 of this 2001 Act. + }
SECTION 4. { + (1) Notwithstanding section 1 (6) of this 2001
Act, not later than September 30, 2002, the task force created by
section 1 of this 2001 Act shall present a preliminary report to
the Legislative Assembly on possible alternatives to the current
system of taxing highway use through motor vehicle fuel taxes.
(2) Not later than July 1, 2003, the Department of
Transportation shall begin to implement pilot programs as
authorized by section 2 of this 2001 Act. + }
SECTION 5. { + Sections 1 to 4 of this 2001 Act are repealed
on January 2, 2010. + }
SECTION 6. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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