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 3138
 
                           A-Engrossed
 
                         Senate Bill 740
                  Ordered by the Senate May 15
            Including Senate Amendments dated May 15
 
Sponsored by Senator GEORGE
 
 
                             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.
 
  Authorizes Department of Transportation to establish by rule
fee to be paid by motor carriers to recover costs of
participation in international fuel tax agreement. { +  Limits
maximum fee to $650. + }
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to an international fuel tax agreement; amending ORS
  825.555; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 825.555 is amended to read:
  825.555. (1) The Department of Transportation may enter into an
international fuel tax agreement with jurisdictions outside of
this state to provide for cooperation and assistance among member
jurisdictions in the administration and collection of taxes
imposed on motor carriers for the consumption of all fuels used
in vehicles operated interstate.
  (2) An agreement under this section may:
  (a) Provide for determining a base state for motor carriers for
purposes of the agreement.
  (b) Impose record keeping requirements.
  (c) Specify audit procedures.
  (d) Provide for exchange of information among jurisdictions.
  (e) Provide criteria for determining which carriers are
eligible to receive the benefits of the agreement.
  (f) Define qualified motor vehicles.
  (g) Specify conditions under which bonds are required.
  (h) Specify reporting requirements and periods, including but
not limited to specifying penalty and interest rates for late
reporting.
  (i) Determine methods for collecting and forwarding of motor
fuel taxes, penalties and interest to another jurisdiction.
  (j) Provide that the Department of Transportation may deny any
person further benefits under the agreement until all motor fuel
taxes have been paid, if the department determines that
additional motor fuel taxes are owed by the person.
  (k) Authorize the department to suspend or cancel benefits
under the agreement for any person who violates any term or
condition of the agreement or any law or rule of this state
relating to motor carriers or vehicles.
  (L) Contain such other provisions as will facilitate the
agreement.
  (3) An agreement may not provide for any benefit, exemption or
privilege with respect to any fees or taxes levied or assessed
against the use of highways or use or ownership of vehicles
except for motor fuel taxes and requirements related to motor
fuel taxes.
  (4) The department may adopt any rules the department deems
necessary to effectuate and administer the provisions of an
agreement entered into under this section. Nothing in the
agreement shall affect the right of the department to adopt rules
as provided in ORS chapter 823 and this chapter.
  (5) An agreement shall be in writing and shall be filed with
the department within 10 days after execution or on the effective
date of the agreement, whichever is later.
  (6)   { - An annual fee of $150 shall be charged to each motor
carrier receiving benefits under an agreement entered into under
this section. If a carrier's total fuel tax liability under an
agreement is less than $300 in any one year, the $150 fee shall
be waived in the subsequent year - }  { +  The department shall
adopt rules establishing an annual fee to be paid by each motor
carrier receiving benefits from an agreement entered into under
this section. In establishing fees, the department shall consider
the size of the motor carrier's fleet. Fees established under
this subsection shall be designed to recover the full direct and
indirect costs to the department that result from participation
in the agreement, but the department may not establish a fee
under this subsection that exceeds $650 + }.
  SECTION 2.  { + 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. + }
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