72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2041
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Transportation)
CHAPTER ................
AN ACT
Relating to transportation; creating new provisions; amending ORS
279.033, 366.005, 366.155, 366.215, 366.507, 366.524, 366.540,
366.541, 367.620, 803.090, 803.215, 803.420, 803.570, 807.340,
807.370, 818.225, 825.450, 825.476 and 825.480 and section 2,
chapter 240, Oregon Laws 2001; repealing section 3, chapter
240, Oregon Laws 2001, section 4, chapter 669, Oregon Laws
2001, and section 3, chapter 3, Oregon Laws 2002; and providing
for revenue raising that requires approval by a three-fifths
majority.
Be It Enacted by the People of the State of Oregon:
{ +
CURRENT TAXES AND FEES + }
SECTION 1. ORS 803.090 is amended to read:
803.090. The following fees are the fees for the transaction
described:
(1) The transfer fee under ORS 803.092:
(a) For a salvage title, $17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(c) For vehicles not described in paragraph (b) of this
subsection, { - $30 - } { + $55 + }.
(2) The fee for issuance of a certificate of title under ORS
803.045 or 820.591:
(a) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(b) For vehicles not described in paragraph (a) of this
subsection, { - $30 - } { + $55 + }.
(3) The fee for issuance of a salvage title certificate under
ORS 803.140, $17.
(4) The fee for issuance of a duplicate or replacement
certificate of title under ORS 803.065 or 820.591:
(a) For a duplicate or replacement salvage title certificate,
$17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
Enrolled House Bill 2041 (HB 2041-C) Page 1
(c) For a vehicle not described in paragraph (b) of this
subsection, { - $30 - } { + $55 + }.
(5) The fee under subsection (4) of this section must 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) 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, $17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(c) For a vehicle not described in paragraph (b) of this
subsection, { - $30 - } { + $55 + }.
(7) 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) 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.
SECTION 2. 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
820.580 or 821.320, { - $15 - } { + $27 + } for each year of
the registration period.
(2) Mopeds, { - $4.50 - } { + $15 + } for each year of the
registration period.
(3) Motorcycles, { - $4.50 - } { + $15 + } for each year of
the registration period.
(4) Government-owned vehicles registered under ORS 805.040,
{ - $2 - } { + $3.50 + }.
(5) State-owned vehicles registered under ORS 805.045,
{ - $2 - } { + $3.50 + } on registration or renewal.
(6) Undercover vehicles registered under ORS 805.060,
{ - $2 - } { + $3.50 + } on registration or renewal.
(7) Antique vehicles registered under ORS 805.010,
{ - $30 - } { + $54 + }.
(8) Vehicles of special interest registered under ORS 805.020,
{ - $45 - } { + $81 + }.
(9) Electric vehicles and hybrid vehicles that use electricity
and another source of motive power, as follows:
Enrolled House Bill 2041 (HB 2041-C) Page 2
(a) The registration fee for an electric or hybrid vehicle not
otherwise described in this subsection is { - $30 - } { +
$27 + } for each year of the registration period.
(b) The registration fee for electric or hybrid vehicles that
have two or three wheels is { - $30 - } { + $27 + }. 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 { -
$15 - }
{ +
$27 + }
8,001 t10,000 { -
110 - }
{ +
169 + }
10,001t12,000 { -
125 - }
{ +
192 + }
12,001t14,000 { -
140 - }
{ +
215 + }
14,001t16,000 { -
155 - }
{ +
238 + }
16,001t18,000 { -
170 - }
{ +
261 + }
18,001t20,000 { -
Enrolled House Bill 2041 (HB 2041-C) Page 3
190 - }
{ +
291 + }
20,001t22,000 { -
205 - }
{ +
314 + }
22,001t24,000 { -
225 - }
{ +
345 + }
24,001t26,000 { -
245 - }
{ +
375 + }
26,001t28,000 { -
120 - }
{ +
184 + }
28,001t30,000 { -
125 - }
{ +
192 + }
30,001t32,000 { -
135 - }
{ +
207 + }
32,001t34,000 { -
140 - }
{ +
215 + }
34,001t36,000 { -
150 - }
{ +
230 + }
36,001t38,000 { -
155 - }
{ +
238 + }
38,001t40,000 { -
165 - }
{ +
253 + }
40,001t42,000 { -
170 - }
{ +
261 + }
42,001t44,000 { -
180 - }
{ +
276 + }
44,001t46,000 { -
185 - }
{ +
284 + }
46,001t48,000 { -
190 - }
{ +
291 + }
48,001t50,000 { -
Enrolled House Bill 2041 (HB 2041-C) Page 4
200 - }
{ +
307 + }
50,001t52,000 { -
210 - }
{ +
322 + }
52,001t54,000 { -
215 - }
{ +
330 + }
54,001t56,000 { -
220 - }
{ +
337 + }
56,001t58,000 { -
230 - }
{ +
352 + }
58,001t60,000 { -
240 - }
{ +
368 + }
60,001t62,000 { -
250 - }
{ +
383 + }
62,001t64,000 { -
260 - }
{ +
398 + }
64,001t66,000 { -
265 - }
{ +
406 + }
66,001t68,000 { -
275 - }
{ +
421 + }
68,001t70,000 { -
280 - }
{ +
429 + }
70,001t72,000 { -
290 - }
{ +
444 + }
72,001t74,000 { -
295 - }
{ +
452 + }
74,001t76,000 { -
305 - }
{ +
467 + }
76,001t78,000 { -
310 - }
{ +
475 + }
78,001t80,000 { -
Enrolled House Bill 2041 (HB 2041-C) Page 5
320 - }
{ +
490 + }
80,001t82,000 { -
325 - }
{ +
498 + }
82,001t84,000 { -
335 - }
{ +
513 + }
84,001t86,000 { -
340 - }
{ +
521 + }
86,001t88,000 { -
350 - }
{ +
536 + }
88,001t90,000 { -
355 - }
{ +
544 + }
90,001t92,000 { -
365 - }
{ +
559 + }
92,001t94,000 { -
370 - }
{ +
567 + }
94,001t96,000 { -
380 - }
{ +
582 + }
96,001t98,000 { -
385 - }
{ +
590 + }
98,001100,000 { -
390 - }
{ +
598 + }
100,00102,000 { -
400 - }
{ +
613 + }
102,00104,000 { -
405 - }
{ +
621 + }
104,00105,500 { -
415 - }
{ +
636 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
Enrolled House Bill 2041 (HB 2041-C) Page 6
(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 described in ORS 825.017 (15),
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
Enrolled House Bill 2041 (HB 2041-C) Page 7
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 (15). 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, { - $30 - } { + $54 + }.
(b) If no declaration of weight is submitted or if the weight
of the vehicle is in excess of 3,000 pounds, $75.
(14) Trailers for hire that are equipped with pneumatic tires
made of an elastic material and that are not travel trailers,
manufactured structures or trailers registered under permanent
registration, { - $15 - } { + $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, { - $54 - } { + $81 + }.
(b) For travel trailers or campers over 10 feet in length,
{ - $54 - } { + $81 + } plus { - $4.50 - } { + $6.75 + }
a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 10 feet in length,
{ - $84 - } { + $126 + }.
(d) For motor homes over 10 feet in length, { - $84 - }
{ + $126 + } plus
{ - $5 - } { + $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, { - $30 - } { + $54 + }.
(b) For special use trailers over 10 feet in length,
{ - $30 - } { + $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,
Enrolled House Bill 2041 (HB 2041-C) Page 8
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) The registration fee for manufactured structures is as
provided in ORS 820.580.
(23) 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 { -
$15 - }
{ +
$27 + }
8,001 t10,000 30
10,001t12,000 35
12,001t14,000 45
14,001t16,000 50
16,001t18,000 60
18,001t20,000 65
20,001t22,000 75
22,001t24,000 80
24,001t26,000 90
26,001t28,000 95
28,001t30,000 105
30,001t32,000 110
32,001t34,000 120
34,001t36,000 125
36,001t38,000 135
38,001t40,000 140
40,001t42,000 150
42,001t44,000 155
44,001t46,000 165
Enrolled House Bill 2041 (HB 2041-C) Page 9
46,001t48,000 170
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
____________________________________________________________
_________________________________________________________________
(24) The registration fee for school vehicles registered under
ORS 805.050 is $7.50.
(25) The registration fee for a low-speed vehicle is
{ - $60 - } { + $54 + }.
SECTION 3. 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
two-tenths cents - } { + 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.
Enrolled House Bill 2041 (HB 2041-C) Page 10
(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 4. 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 { -
36.4 - }
{ +
40.0 + }
28,030,000 { -
38.6 - }
{ +
42.4 + }
30,032,000 { -
40.3 - }
{ +
44.3 + }
32,034,000 { -
42.1 - }
{ +
46.3 + }
34,036,000 { -
43.8 - }
{ +
48.1 + }
36,038,000 { -
46.0 - }
{ +
50.6 + }
38,040,000 { -
47.8 - }
{ +
Enrolled House Bill 2041 (HB 2041-C) Page 11
52.5 + }
40,042,000 { -
49.5 - }
{ +
54.4 + }
42,044,000 { -
51.3 - }
{ +
56.4 + }
44,046,000 { -
53.0 - }
{ +
58.3 + }
46,048,000 { -
54.8 - }
{ +
60.2 + }
48,050,000 { -
56.6 - }
{ +
62.2 + }
50,052,000 { -
58.7 - }
{ +
64.5 + }
52,054,000 { -
60.9 - }
{ +
66.9 + }
54,056,000 { -
63.1 - }
{ +
69.4 + }
56,058,000 { -
65.8 - }
{ +
72.3 + }
58,060,000 { -
68.8 - }
{ +
75.6 + }
60,062,000 { -
72.3 - }
{ +
79.5 + }
62,064,000 { -
76.3 - }
{ +
83.9 + }
64,066,000 { -
80.7 - }
{ +
88.7 + }
66,068,000 { -
86.4 - }
{ +
95.0 + }
68,070,000 { -
92.5 - }
{ +
Enrolled House Bill 2041 (HB 2041-C) Page 12
101.7 + }
70,072,000 { -
98.6 - }
{ +
108.4 + }
72,074,000 { -
104.3 - }
{ +
114.6 + }
74,076,000 { -
109.6 - }
{ +
120.5 + }
76,078,000 { -
114.9 - }
{ +
126.3 + }
78,080,000 { -
119.7 - }
{ +
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 { -
113.110100.4 94.7 - }
{ +
124.311110.4 104.1 + }
82,00t84,000 { -
114.910101.7 96.0 - }
{ +
126.311111.8 105.5 + }
Enrolled House Bill 2041 (HB 2041-C) Page 13
84,00t86,000 { -
117.510103.0 97.3 - }
{ +
129.212113.2 107.0 + }
86,00t88,000 { -
120.111104.8 98.6 - }
{ +
132.012115.2 108.4 + }
88,00t90,000 { -
123.211106.5 100.4 - }
{ +
135.412117.1 110.4 + }
90,00t92,000 { -
126.711108.3 102.2 - }
{ +
139.312119.0 112.3 + }
92,00t94,000 { -
130.211110.0 103.5 - }
{ +
143.112120.9 113.8 + }
94,00t96,000 { -
134.211111.8 105.2 - }
{ +
147.513122.9 115.6 + }
96,00t98,000 { -
139.012113.6 107.0 - }
{ +
152.813124.9 117.6 + }
98,00100,000 { -
123108.7.- }
{ +
135119.5.+ }
100,0102,000 { -
118.4110.5 - }
{ +
130.1121.5 + }
102,0104,000 { -
121.0112.7 - }
{ +
133.0123.9 + }
104,0105,500 { -
123.6114.9 - }
{ +
135.9126.3 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
Enrolled House Bill 2041 (HB 2041-C) Page 14
SECTION 5. 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 { - five
dollars and fifty-five cents - } { + 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 { - four dollars and fifty-five
cents - } { + 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 { - five
dollars and fifty cents - } { + 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-two
dollars and forty cents - } { + twenty-four dollars and
sixty-two cents + } for each 100 pounds of declared combined
weight.
Enrolled House Bill 2041 (HB 2041-C) Page 15
(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.
{ +
BONDS + }
SECTION 6. ORS 367.620, as amended by section 1, chapter 3,
Oregon Laws 2002, is amended to read:
367.620. (1) { - Except as provided in subsection (2) of this
section, - } The principal amount of Highway User Tax Bonds
issued under ORS 367.615 shall be subject to the provisions of
ORS 286.505 to 286.545.
(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. { - The provisions of ORS 286.505 to 286.545 do not
apply to bonds described in this subsection. - }
{ + (3)(a) Highway User Tax Bonds may be issued under ORS
367.615 for bridge purposes described in section 10 (1) of this
2003 Act 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 of
this 2003 Act in an aggregate principal amount sufficient to
produce net proceeds of not more than $300 million.
(c) The Department of Transportation 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 7. { + Sections 18, 53 and 55 of this 2003 Act and the
amendments to ORS 367.620 by section 6 of this 2003 Act do not
impair the interests of the holders of any Highway User Tax Bonds
that are outstanding on the effective date of this 2003 Act or
any obligations of the agreements of the Department of
Transportation's Master Highway User Tax Revenue Bond Declaration
dated August 1, 2000, as amended and supplemented. + }
SECTION 8. { + Notwithstanding ORS 367.620 (1), the provisions
+ } { + of ORS 286.505 to 286.545 do not apply to bonds
described in ORS 367.620 (3) for the biennium beginning July 1,
2003. + }
{ +
USES OF MONEYS + }
SECTION 9. { + Sections 7, 10 and 11 of this 2003 Act are
added to and made a part of ORS chapter 367. + }
SECTION 10. { + (1) Proceeds of bonds authorized under ORS
367.620 (3)(a) shall be used as follows:
(a) Replacement and repair of bridges on state highways, $1.3
billion. The Oregon Transportation Commission shall choose
projects under this paragraph that meet the criteria for freight
mobility projects as defined in section 37 of this 2003 Act.
(b) Replacement and repair of bridges on county and city
highways, $300 million. The commission shall choose projects
under this paragraph that meet the criteria for freight mobility
projects as defined in section 37 of this 2003 Act. In
Enrolled House Bill 2041 (HB 2041-C) Page 16
determining which bridges to replace or repair under this
paragraph, the commission shall consult with representatives of
local governments.
(2) Except as otherwise provided in section 11 of this 2003
Act, proceeds of bonds authorized under ORS 367.620 (3)(b) shall
be used for the modernization program described in ORS 366.507.
The commission shall give funding priority for modernization
projects funded with the proceeds of bonds authorized under ORS
367.620 (3)(b) to projects that are ready for construction. + }
SECTION 11. { + (1) The Oregon Transportation Commission shall
use $100 million of the net proceeds of bonds authorized under
ORS 367.620 (3)(b):
(a) For the capitalizable cost of planning, development, design
and construction of projects recommended by the Freight Advisory
Committee created by section 2, chapter 240, Oregon Laws 2001.
(b) To provide or improve access to industrial land sites. In
selecting sites under this paragraph, the commission shall
consult with the Economic and Community Development Department
and local governments and shall give preference to sites for
which local matching moneys are available.
(c) To provide or improve access to sites where jobs can be
created.
(2) Notwithstanding ORS 366.507 (4)(b), projects selected under
this section need not be equitably distributed throughout the
state. + }
SECTION 12. { + (1) In order to facilitate the replacement and
repair of bridges described in section 10 of this 2003 Act, the
Department of Transportation, after consultation with affected
road authorities, may designate temporary detour routes, and may
specify conditions of travel, over highways that are not state
highways.
(2) Prior to directing traffic onto a detour route chosen under
this section, the department may repair or reconstruct the
highways chosen as detour routes if the repair or reconstruction
will be cost-effective in minimizing or preventing damage from
the increased traffic on the detour route.
(3) The department shall repair damage to highways that are
designated as detour routes under this section if the damage
results from the increase in traffic caused by the detour.
(4) The department may exercise the authority granted under
this section for as long as the replacement and repair of bridges
described in section 10 of this 2003 Act continues, or until
January 2, 2013, whichever comes first. + }
SECTION 13. { + Section 12 of this 2003 Act is repealed on
January 2, 2013. + }
SECTION 14. ORS 366.507 is amended to read:
366.507. The Department of Transportation shall use an amount
equal to the amount of moneys in the State Highway Fund that
becomes available for its use from the increase in tax rates
created by the amendments to ORS 319.020, 319.530, 825.476 and
825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws
1985, and an amount equal to one-third of the amount of moneys in
the State Highway Fund that becomes available for its use from
any increase in tax rates created by the amendments to ORS
319.020, 319.530, 825.476 and 825.480 by sections 5, 6 and 8 to
15, chapter 899, Oregon Laws 1987, and from any increase in tax
rates that results from the provisions of sections 16 and 17,
chapter 899, Oregon Laws 1987, to establish and operate a state
modernization program for highways. The program established under
Enrolled House Bill 2041 (HB 2041-C) Page 17
this section and the use of moneys in the program are subject to
the following:
(1) The moneys may be used by the department to retire bonds
that the department issues for the modernization program under
bonding authority of the department.
(2) The intent of the modernization program is to increase
highway safety, to accelerate improvements from the backlog of
needs on the state highways and to fund modernization of highways
and local roads to support economic development in Oregon.
Projects both on and off the state highway system are eligible.
(3) Projects to be implemented by the modernization program
shall be selected by the Oregon Transportation Commission. The
criteria for selection of projects will be established after
public hearings that allow citizens an opportunity to review the
criteria. { + The commission may use up to one-half of moneys
available under this section for modernization projects selected
by the commission from a list of projects of statewide
significance. + }
(4) In developing criteria for selection of projects, the
commission shall consider the following:
(a) Projects { + must + } be of significance to the state
highway system.
{ - (b) Projects not be selected on the interstate highway
system. - }
{ - (c) - } { + (b) Except for projects that are of
statewide significance, + }projects { + must + } be equitably
distributed throughout Oregon.
{ - (d) - } { + (c) + } Projects may be on county or city
arterial roads connecting to or supporting a state highway.
{ - (e) - } { + (d) + } Priority { + may + } be given to
projects that make a meaningful contribution to increased highway
safety.
{ - (f) - } { + (e) + } Priority { + may + } also be given
to projects that encourage economic development where:
(A) There is commitment by private industry to construct a
facility.
(B) There is support from other state agencies.
{ - (g) - } { + (f) + } Priority { + may + } be given
where there is local government or private sector financial
participation, or both, in the improvement in addition to
improvements adjacent to the project.
{ - (h) - } { + (g) + } Priority { + may + } be given
where there is strong local support.
(5) Except as otherwise provided in this subsection, federal
moneys or moneys from the State Highway Fund other than those
described in this section may be used for the modernization
program as long as the total amount used is equal to the amount
described in this section. Federal moneys that are appropriated
by Congress for specific projects and federal moneys that are
allocated by the United States Department of Transportation for
specific projects may not be used for the modernization program
under this section.
SECTION 15. ORS 366.507, as amended by section 2, chapter 766,
Oregon Laws 2001, is amended to read:
366.507. The Department of Transportation shall use an amount
equal to the moneys in the State Highway Fund that become
available for its use from the increase in tax rates created by
the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by
sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an
amount equal to one-third of the moneys in the State Highway Fund
Enrolled House Bill 2041 (HB 2041-C) Page 18
that become available for its use from any increase in tax rates
created by the amendments to ORS 319.020, 319.530, 825.476 and
825.480 by sections 5, 6 and 8 to 15, chapter 899, Oregon Laws
1987, and from any increase in tax rates that results from the
provisions of sections 16 and 17, chapter 899, Oregon Laws 1987,
exclusively to establish a state modernization program for
highways. The program established under this section and the use
of moneys in the program are subject to the following:
(1) The moneys may be used by the department to retire bonds
that the department issues for the modernization program under
bonding authority of the department.
(2) The intent of the modernization program is to increase
highway safety, to accelerate improvements from the backlog of
needs on the state highways and to fund modernization of highways
and local roads to support economic development in Oregon.
Projects both on and off the state highway system are eligible.
(3) Projects to be implemented by the modernization program
shall be selected by the Oregon Transportation Commission. The
criteria for selection of projects will be established after
public hearings that allow citizens an opportunity to review the
criteria. { + The commission may use up to one-half of moneys
available under this section for modernization projects selected
by the commission from a list of projects of statewide
significance. + }
(4) In developing criteria for selection of projects, the
commission shall consider the following:
(a) Projects { + must + } be of significance to the state
highway system.
{ - (b) Projects not be selected on the interstate highway
system. - }
{ - (c) - } { + (b) Except for projects that are of
statewide significance, + } projects { + must + } be equitably
distributed throughout Oregon.
{ - (d) - } { + (c) + } Projects may be on county or city
arterial roads connecting to or supporting a state highway.
{ - (e) - } { + (d) + } Priority { + may + } be given to
projects that make a meaningful contribution to increased highway
safety.
{ - (f) - } { + (e) + } Priority { + may + } also be given
to projects that encourage economic development where:
(A) There is commitment by private industry to construct a
facility.
(B) There is support from other state agencies.
{ - (g) - } { + (f) + } Priority { + may + } be given
where there is local government or private sector financial
participation, or both, in the improvement in addition to
improvements adjacent to the project.
{ - (h) - } { + (g) + } Priority { + may + } be given
where there is strong local support.
{ +
DISTRIBUTION OF MONEYS + }
SECTION 16. ORS 366.524 is amended to read:
366.524. { + Except as otherwise provided in section 18 of
this 2003 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 366.525 and 15.57 percent to cities under ORS
366.800.
Enrolled House Bill 2041 (HB 2041-C) Page 19
SECTION 17. { + Section 18 of this 2003 Act is added to and
made a part of ORS chapter 366. + }
SECTION 18. { + (1) The following moneys shall be allocated as
provided in subsection (2) of this section:
(a) The amount attributable to the increase in title fees by
the amendments to ORS 803.090 by section 1 of this 2003 Act;
(b) The amount attributable to the increase in registration
fees by the amendments to ORS 803.420 by section 2 of this 2003
Act, except for the amount paid to the State Parks and Recreation
Department Fund under ORS 366.512; and
(c) The amount attributable to the increase in fees and tax
rates by the amendments to ORS 818.225, 825.476 and 825.480 by
sections 3, 4 and 5 of this 2003 Act.
(2) The moneys described in subsection (1) of this section
shall be allocated as follows:
(a) 57.53 percent to the Department of Transportation.
(b) 25.48 percent to the department to pay the principal and
interest due on bonds authorized under ORS 367.620 (3) that are
issued for replacement and repair of bridges on county highways.
However, any portion of the 25.48 percent that is not needed for
payment of principal and interest on the bonds described in this
paragraph shall be allocated to counties. Moneys allocated to
counties under this paragraph shall be distributed in the same
manner as moneys allocated to counties under ORS 366.524 are
distributed.
(c) 16.99 percent to the department to pay the principal and
interest due on bonds authorized under ORS 367.620 (3) that are
issued for replacement and repair of bridges on city
highways. However, any portion of the 16.99 percent that is not
needed for payment of principal and interest on the bonds
described in this paragraph shall be allocated to cities. Moneys
allocated to cities under this paragraph shall be distributed in
the same manner as moneys allocated to cities under ORS 366.524
are distributed.
(3)(a) Multnomah County shall spend a majority of moneys
distributed to it under subsection (2)(b) of this section on
bridges in the county.
(b) Moneys distributed to Multnomah County under subsection
(2)(b) of this section that are not spent on bridges shall be
distributed equitably within the county, based on the agreement
described in paragraph (c) of this subsection.
(c) Multnomah County and the cities within the county shall
agree upon the distribution of moneys described in paragraph (b)
of this subsection. When the county and the cities have reached
an agreement, they shall notify the Oregon Transportation
Commission of the agreement. If the commission does not receive
notice of an agreement by June 30, 2004, the Department of
Transportation may not distribute moneys that would otherwise go
to the county under paragraph (b) of this subsection. Such moneys
shall revert to the State Highway Fund for use by the Department
of Transportation. + }
SECTION 19. ORS 366.541 is amended to read:
366.541. (1) Not later than { - January 5 - } { + July
31 + } in each calendar year, the sum of { - $500,000 - } { +
$750,000 + } shall be withdrawn from the appropriation specified
in ORS 366.525, 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. { - Moneys from the account shall be allocated
Enrolled House Bill 2041 (HB 2041-C) Page 20
first to the county road fund of the county whose federal and
state dedicated resources per equivalent road mile are the lowest
in the state until that county reaches the equivalent road mile
rate of the next lowest county. At that time, moneys in the
account shall be allocated to the two lowest counties until they
reach the equivalent road mile rate of the next lowest county.
The allocation shall continue in this manner until all moneys in
the account are allocated. - }
{ + (2) Not later than July 31 in each calendar year, the sum
of $1 million 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 $1 million 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. + }
{ - (2) - } { + (3) + } Moneys allocated as provided in
this section may be used only for maintenance, repair and
improvement of existing roads.
{ - (3) - } { + (4) + } As used in this section:
{ - (a) 'Equivalent road miles' means the total miles of
arterial and collector roads in each county, as determined by the
Department of Transportation, including bridges on county roads
converted to road miles on a basis that 4,000 square feet of
bridge surface equals one equivalent road mile. - }
{ - (b) 'Federal and state dedicated resources' means all
county road fund resources that are dedicated by federal or state
law for county road purposes, as determined by the Department of
Transportation, including but not limited to amounts allocated to
each county annually under the federal-aid highway program
authorized under chapter 1, Title 23, United States Code, but
excluding the highway bridge replacement and forest highway
programs, and including federal and state grants-in-aid or
portions of grants-in-aid specifically earmarked for county roads
or bridges. - }
{ + (a) '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.
(b) '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
(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.
(c) 'Minimum county road base funding' means $1 million
beginning on July 1, 2003, and thereafter means $1 million as
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. + }
SECTION 19a. { + (1) The amendments to ORS 366.541 by section
19 of this 2003 Act become operative on February 1, 2004. Not
Enrolled House Bill 2041 (HB 2041-C) Page 21
later than January 5, 2004, the amount of $750,000 shall be
withdrawn from the sources described in ORS 366.541 (2001
Edition) and allocated to counties in the manner specified in ORS
366.541 (2001 Edition).
(2) Not later than July 31, 2004, the amount of $1 million
shall be withdrawn from the sources described in ORS 366.541, as
amended by section 19 of this 2003 Act, and distributed to
counties in the manner specified in ORS 366.541, as amended by
section 19 of this 2003 Act. + }
SECTION 20. ORS 366.541, as amended by section 19 of this 2003
Act, is amended to read:
366.541. (1) Not later than July 31 in each calendar year, the
sum of { - $750,000 - } { + $500,000 + } shall be withdrawn
from the appropriation specified in ORS 366.525, 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
{ - $1 million - } { + $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
{ - $1 million - } { + $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) As used in this section:
(a) '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.
(b) '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
(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.
(c) 'Minimum county road base funding' means $1 million
beginning on July 1, 2003, and thereafter means $1 million as
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.
SECTION 21. { + The amendments to ORS 366.541 by section 20 of
this 2003 Act become operative on July 1, 2008. + }
SECTION 22. ORS 366.155 is amended to read:
366.155. (1) The Department of Transportation shall, among
other things:
(a) So far as practicable, compile statistics relative to the
public highways of the state and collect all information in
Enrolled House Bill 2041 (HB 2041-C) Page 22
regard thereto which the Director of Transportation may deem
important or of value in connection with highway location,
construction, maintenance, improvement or operation.
(b) Keep on file in the office of the department copies of all
plans, specifications and estimates prepared by the department.
(c) Make all necessary surveys for the location or relocation
of highways and cause to be made and kept in the department a
general highway plan of the state.
(d) Collect and compile information and statistics relative to
the mileage, character and condition of highways and bridges in
the different counties in the state, both with respect to state
and county highways.
(e) Investigate and determine the methods of road construction
best adapted in the various counties or sections of the state,
giving due regard to the topography, natural character and
availability of road-building materials and the cost of building
and maintaining roads under this Act.
(f) Prepare surveys, plans, specifications and estimates for
the construction, reconstruction, improvement, maintenance and
repair of any bridge, street, road and highway. In advertising
for bids on any such project the director shall invite bids in
conformity with such plans and specifications.
(g) Keep an accurate and detailed account of all moneys
expended in the location, survey, construction, reconstruction,
improvement, maintenance or operation of highways, roads and
streets, including costs for rights of way, under this Act, and
keep a record of the number of miles so located, constructed,
maintained or operated in each county, the date of construction,
the width of such highways and the cost per mile for the
construction and maintenance of the highways.
(h) Upon request of a county governing body, assist the county
on matters relating to road location, construction or
maintenance. Plans and specifications for bridges or culverts
that are provided under this paragraph shall be provided without
cost to { + the 10 + } counties { - whose federal and state
dedicated resources per equivalent road mile, as defined in ORS
366.541, are less than 30 percent of the average for all
counties - } { + with the lowest dedicated county road funding,
as defined in ORS 366.541 + }. Standard specifications for road
projects shall be provided without cost to all counties. The
Department of Transportation shall determine an amount to be
charged for assistance under this paragraph in establishing
specifications and standards for roads under ORS 368.036. The
costs of assistance not specifically provided for under this
paragraph shall be paid as provided by agreement between the
county governing body and the director.
(i) Upon request of the State Parks and Recreation Department,
assist the State Parks and Recreation Department in evaluating
the potential need for construction, reconstruction, improvement,
maintenance or operation of highways, roads and streets that
would result if the State Parks and Recreation Commission
acquired and developed a new historic site, park or recreation
area under the criteria established pursuant to ORS 390.112 or
any other criteria for acquisition established by the State Parks
and Recreation Commission.
(2) The director may require duties with respect to audits and
accounting procedures provided for in this section and ORS
366.165 to be performed and responsibilities to be assumed by the
fiscal officer of the department appointed under ORS 184.637.
Enrolled House Bill 2041 (HB 2041-C) Page 23
(3) In carrying out the duties set forth in this section, the
director shall act in a manner that is consistent with the goal
set forth in ORS 468B.155.
{ + NOTE: + } Sections 23 through 27 were deleted by
amendment. Subsequent sections were not renumbered.
{ +
TRUCK ENGINE TAX CREDIT + }
SECTION 28. { + (1) As used in this section and section 29 of
this 2003 Act:
(a) 'Combined weight' has the meaning given that term in ORS
825.005.
(b) 'Motor vehicle' has the meaning given that term in ORS
825.005.
(c) 'Truck' means a motor vehicle or combination of vehicles
that has a combined weight of more than 26,000 pounds.
(2) A taxpayer who owns a truck that is registered in Oregon
under the provisions of ORS chapter 803 or 826 and that has a
diesel engine that was purchased in Oregon on or after the
effective date of this 2003 Act, and that is certified by the
federal Environmental Protection Agency to emit oxides of
nitrogen at the rate of 2.5 grams per brake horsepower-hour or
less, is allowed a credit against the taxes otherwise due under
ORS chapter 316, if the taxpayer is a resident individual, or
against the taxes otherwise due under ORS chapter 317, if the
taxpayer is a corporation. The total amount of the credit under
this section depends on the number of trucks owned by the
taxpayer prior to the purchase, as follows:
(a) 1 to 10 trucks, $925 for each qualifying engine purchased.
(b) 11 to 50 trucks, $705 for each qualifying engine purchased.
(c) 51 to 100 trucks, $525 for each qualifying engine
purchased.
(d) More than 100 trucks, $400 for each qualifying engine
purchased.
(3) Notwithstanding subsection (2) of this section, a taxpayer
may not claim a credit under this section of more than $80,000
for purchases in any one year.
(4) A credit may not be allowed under this section unless the
taxpayer claiming the credit complies with rules adopted by the
Department of Environmental Quality and the Department of Revenue
as provided in section 29 of this 2003 Act.
(5) Except as provided under subsection (6) of this section,
the credit allowed in any one year may not exceed the tax
liability of the taxpayer.
(6) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
the next succeeding tax year may be carried forward and used in
the second succeeding tax year, any credit not used in the second
succeeding tax year may be carried forward and used in the third
succeeding tax year and any credit not used in the third
succeeding tax year may be carried forward and used in the fourth
succeeding tax year but may not be carried forward for any tax
year thereafter.
(7)(a) The credit provided by this section is not in lieu of
any depreciation or amortization deduction for the truck to which
the taxpayer otherwise may be entitled under ORS chapter 316 or
317 for the tax year.
Enrolled House Bill 2041 (HB 2041-C) Page 24
(b) The taxpayer's adjusted basis for determining gain or loss
may not be further decreased by any tax credit allowed under this
section.
(8)(a) Pursuant to the procedures for a contested case under
ORS 183.310 to 183.550, the Department of Revenue may order the
disallowance of the credit allowed under this section if it
finds, by order, that the credit was obtained by fraud or
misrepresentation.
(b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited and the
Department of Revenue shall proceed to collect those taxes not
paid by the taxpayer as a result of the prior granting of the
credit.
(c) If the tax credit is disallowed pursuant to this
subsection, the taxpayer shall be denied any further credit
provided under this section from and after the date that the
order of disallowance becomes final.
(9) If the engine is destroyed by fire, flood, natural disaster
or act of God before all of the credit has been used, the
taxpayer may nevertheless claim the credit as if no destruction
had taken place. In the event of fire, if the fire chief of the
fire protection district or unit determines that the fire was
caused by arson, as described in ORS 164.315 and 164.325, by the
taxpayer or by another at the taxpayer's direction, then the fire
chief shall notify the Department of Revenue. If the taxpayer is
convicted of arson, the Department of Revenue shall disallow the
credit in accordance with subsection (8) of this section.
(10)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117. + }
SECTION 29. { + (1) The Department of Environmental Quality
and the Department of Revenue shall adopt rules for implementing
section 28 of this 2003 Act. Rules may include but need not be
limited to rules specifying procedures for application, review
and approval of the tax credit and rules for issuance and use of
a certificate of credit approval.
(2) The application developed under subsection (1) of this
section shall include:
(a) The name, address and taxpayer identification number of the
taxpayer;
(b) The number of trucks owned by the taxpayer and the number
of engines eligible for the tax credit that the taxpayer has
purchased; and
(c) Any other information that the rules adopted under
subsection (1) of this section may require.
(3) Applications filed in compliance with this section and
section 28 of this 2003 Act shall be approved to the extent that
the total of estimated tax credits for all approved purchases of
Enrolled House Bill 2041 (HB 2041-C) Page 25
engines for the calendar year is equal to or less than $3
million. An application may not be approved if the addition of
the amount of the tax credit to the amount of the tax credits for
all approved purchases for the calendar year would exceed $3
million.
(4) Notwithstanding section 31 of this 2003 Act, the Department
of Environmental Quality may approve applications for tax credits
for qualifying engines purchased in calendar years 2004, 2005,
2006 and 2007, although the taxpayer may not claim the credit
until a tax year beginning on or after January 1, 2005.
(5) The Department of Revenue may disallow, in whole or in
part, a claim for credit under section 28 of this 2003 Act upon
the Department of Revenue's determination that, under section 28
of this 2003 Act, the taxpayer is not entitled to the credit or
is entitled to only a portion of the amount claimed.
(6) The Department of Environmental Quality shall charge a fee
of $15 for each engine for which a taxpayer applies for a tax
credit. The fee is payable to the department and may not be
refunded to the applicant for any reason. + }
SECTION 30. { + Sections 28 and 29 of this 2003 Act are added
to and made a part of ORS chapter 315. + }
SECTION 31. { + The tax credit established in section 28 of
this 2003 Act applies to tax years beginning on and after January
1, 2005, and to engine model years 2003, 2004, 2005, 2006 and
2007. + }
SECTION 31a. { + Notwithstanding ORS 314.505 to 314.525 or
316.557 to 316.589, a taxpayer may not reduce estimated tax
payments made before July 1, 2005, on account of the credit
described in section 28 of this 2003 Act. + }
SECTION 32. { + A certificate of credit approval may not be
issued under section 29 of this 2003 Act after December 31,
2007. + }
{ +
PUBLIC CONTRACTING PROVISIONS + }
SECTION 33. ORS 279.033 is amended to read:
279.033. { + (1) + } The Director of the Oregon Department of
Administrative Services or a local contract review board may
exempt certain contracts or classes of contracts from the
requirement for bid security and from the requirement that a good
and sufficient bond be furnished to assure performance of the
contract and payment of obligations incurred in the performance;
provided, however, the public contracting agency may require bid
security and a good and sufficient performance and payment bond
even though the contract is of a class exempted by the director
or board.
{ + (2) The Director of Transportation may:
(a) Exempt contracts or classes of contracts financed from the
proceeds of bonds issued under ORS 367.620 (3)(a) from the
requirement for bid security and from the requirement that a good
and sufficient bond be furnished to ensure performance of the
contract; or
(b) Reduce the amount of the required performance bond for
contracts or classes of contracts financed from the proceeds of
the bonds issued under ORS 367.620 (3)(a) to less than 100
percent of the contract price.
(3) Any recoverable damages that exceed the amount of the
performance bond required under subsection (2) of this section
Enrolled House Bill 2041 (HB 2041-C) Page 26
shall be the sole responsibility of the Department of
Transportation. + }
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 34. { + Section 35 of this 2003 Act is added to and
made a part of ORS chapter 826. + }
SECTION 35. { + (1) Registration fees for commercial vehicles
registered under the proportional registration provisions of ORS
826.009 may be paid quarterly provided that:
(a) The amount of Oregon apportioned registration fees for the
carrier exceeds $1,000 per year; and
(b) The registration fees are paid in equal quarterly
installments.
(2) A carrier that pays in quarterly installments under this
section shall pay a $4 administrative processing fee with the
first quarter payment for each year that the carrier pays in
quarterly installments.
(3) Authorization for quarterly payment does not affect the
registration period specified in ORS 826.009. + }
SECTION 36. { + Section 37 of this 2003 Act is added to and
made a part of ORS 184.610 to 184.666. + }
SECTION 37. { + (1) As used in this section, 'freight mobility
project' means a project that supports the safe, reliable and
efficient movement of goods between and among local, national and
international markets.
(2) The Legislative Assembly finds that investment in freight
mobility projects will yield a return on the state's investment
in terms of improved economic opportunity and safety.
(3) In developing the STIP, the Department of Transportation
shall give priority to freight mobility projects that:
(a) Are located on identified freight routes of statewide or
regional significance;
(b) Remove identified barriers to the safe, reliable and
efficient movement of goods; and
(c) Facilitate public and private investment that creates or
sustains jobs. + }
SECTION 38. ORS 366.215 is amended to read:
366.215. { + (1) + } The Oregon Transportation Commission may
select, establish, adopt, lay out, locate, alter, relocate,
change and realign primary and secondary state highways.
{ + (2) Except as provided in subsection (3) of this section,
the commission may not permanently reduce the vehicle-carrying
capacity of an identified freight route when altering,
relocating, changing or realigning a state highway unless safety
or access considerations require the reduction.
(3) A local government, as defined in ORS 174.116, may apply to
the commission for an exemption from the prohibition in
subsection (2) of this section. The commission shall grant the
exemption if it finds that the exemption is in the best interest
of the state and that freight movement is not unreasonably
impeded by the exemption. + }
SECTION 39. { + In addition to moneys for modernization
projects provided under ORS 367.620 (3)(b), the Department of
Transportation shall use $200 million of federal moneys approved
under 23 U.S.C. 115 for modernization projects selected by the
Oregon Transportation Commission. The commission shall give
funding priority under this section to projects that are ready
for construction. + }
Enrolled House Bill 2041 (HB 2041-C) Page 27
{ + NOTE: + } Section 40 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 41. { + It is the policy of the State of Oregon to use
increased revenues from the amendments to ORS 803.090, 803.420,
818.225, 825.476 and 825.480 by sections 1 to 5 of this 2003 Act
in a manner that maximizes the creation of new jobs. Each public
body, as defined in ORS 174.109, that receives moneys from the
revenues generated by the amendments to ORS 803.090, 803.420,
818.225, 825.476 and 825.480 by sections 1 to 5 of this 2003 Act
shall use private sector resources to the greatest extent
possible in accomplishing the work funded by revenues from the
amendments to ORS 803.090, 803.420, 818.225, 825.476 and 825.480
by sections 1 to 5 of this 2003 Act. + }
SECTION 42. { + The Department of Transportation, counties as
a group and cities as a group shall report to the Seventy-third
Legislative Assembly on the value of bridge and highway contracts
entered into with the private sector for the biennium ending June
30, 2003, and for the period from July 1, 2003, to December 31,
2004. + }
SECTION 43. { + The Department of Transportation may vary any
fee established under section 3, chapter 862, Oregon Laws 2001,
to facilitate the maximum use of road capacity. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 44. ORS 366.005 is amended to read:
366.005. As used in this chapter and in ORS chapter 367, unless
the context requires otherwise:
(1) 'Chief engineer' or 'engineer' means the person designated
by the director under ORS 184.628.
(2) 'Commission' means the Oregon Transportation Commission.
(3) 'Department' means the Department of Transportation.
(4) 'Director' means the Director of Transportation.
(5) 'Federal funds' means any funds provided by the United
States for cooperative road work with states, counties, cities or
other municipal subdivisions of the state under Acts of Congress
enacted for those purposes.
{ + (6) 'Highway' means every public way, road, street,
thoroughfare and place, including bridges, viaducts and other
structures within the boundaries of this state, open, used or
intended for use of the general public for vehicles or vehicular
traffic as a matter of right. + }
{ - (6) - } { + (7) + } 'Highway fund' means the State
Highway Fund.
{ - (7) - } { + (8) + } 'State highway' means any road or
highway designated as such by law or by the Oregon Transportation
Commission pursuant to law and includes both primary and
secondary state highways.
{ - (8) - } { + (9) + } 'This Act' means this chapter and
ORS 105.760, 373.010, 373.015, 373.020 and 373.030.
SECTION 45. ORS 366.540 is amended to read:
366.540. { - (1) Except as specifically provided under ORS
366.512, the appropriation made by ORS 366.525 shall constitute
the entire appropriation to be made to the counties out of
revenues accruing to the highway fund. - }
{ - (2) - } Upon satisfactory showing before the Department
of Transportation by any county that the county { - has not - }
{ + does not have + } sufficient funds with which to pay, when
due, bonded indebtedness incurred for highway purposes, the
Enrolled House Bill 2041 (HB 2041-C) Page 28
department may certify to such fact. Pursuant to the certificate,
a warrant shall be drawn in favor of the county against the
highway fund in the amount set out in each certificate, which
amount so advanced shall be deducted from the next payment due
the county under ORS 366.525 to 366.540.
SECTION 46. Section 2, chapter 240, Oregon Laws 2001, is
amended to read:
{ + Sec. 2. + } (1) There is created the Freight Advisory
Committee to be appointed by the Director of Transportation to
advise the director and the Oregon Transportation Commission
regarding issues, policies and programs that impact multimodal
freight mobility in Oregon.
(2) The director shall have discretion to determine the number
of committee members and the duration of membership. The
committee membership shall include, but not be limited to,
representatives from the shipping and carrier industries, the
state, local governments and ports, including the Port of
Portland.
(3) The committee shall:
(a) Elect a chairperson and a vice chairperson.
(b) Meet at least four times a year.
(c) Provide input on statewide and regional policies and
actions that impact freight mobility.
(d) Provide input on the development of policy and planning
documents that impact freight mobility.
{ - (e) Define 'freight mobility projects. - } '
{ - (f) - } { + (e) + } Advise the commission and
regionally based advisory groups about the Statewide
Transportation Improvement Program and the program's
consideration and inclusion of highest priority multimodal
freight mobility projects in each Department of Transportation
region.
{ + (4) The committee may make recommendations for freight
mobility projects to the commission. In making the
recommendations, the committee shall give priority to multimodal
projects. + }
{ - (4) - } { + (5) + } The Department of Transportation
shall provide policy and support staff to the committee. The
department shall also provide other personnel to assist the
committee as requested by the chairperson and within the limits
of available funds.
{ - (5) The committee shall report to the Seventy-second - }
{ - Legislative Assembly on the committee's progress and
recommendations. - }
{ +
MISCELLANEOUS FEES + }
SECTION 47. ORS 803.215 is amended to read:
803.215. A fee of { - $4 - } { + $7 + } shall be charged
for an inspection of a vehicle required by ORS 803.210.
SECTION 48. 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.
Enrolled House Bill 2041 (HB 2041-C) Page 29
(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. + }
{ - (3) The department shall establish the fee for a plate or
a pair of plates under this section by determining the cost to
manufacture, including but not limited to the cost to
reflectorize, and rounding to the nearest higher half-dollar. 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 49. ORS 807.370 is amended to read:
807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and indorsements:
(1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
(a) For issuance, $38.50.
(b) For renewal fee under ORS 807.210, $26.50.
(2) Emergency driver permit fee under ORS 807.220,
{ - $11 - } { + $18 + }.
(3) Instruction driver permit issuance fee under ORS 807.280,
{ - $13 - } { + $18 + }.
(4) { + (a) + } License issuance fee for a Class C license,
$48.50 { + .
(b) Fee to take the knowledge test for a Class C license, $5.
(c) Fee to take the skills test for a Class C license, $9 + }.
(5) License issuance fee for a restricted Class C license,
$48.50.
(6) License issuance fee for a commercial driver license,
whether or not the license contains indorsements, { - $50 - }
{ + $70 + }.
(7) Test fees for a commercial driver license or permit:
(a) To take the knowledge test for a Class A commercial license
or permit, { - $3 - } { + $10 + }.
(b) To take the skills test for a Class A commercial license,
{ - $56 - } { + $70 + }.
(c) To take the knowledge test for a Class B commercial license
or permit, { - $3 - } { + $10 + }.
(d) To take the skills test for a Class B commercial license,
{ - $56 - } { + $70 + }.
(e) To take the knowledge test for a Class C commercial license
or permit, { - $3 - } { + $10 + }.
(f) To take the skills test for a Class C commercial license,
{ - $56 - } { + $70 + }.
(8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, { - $33 - } { + $40 + } in addition
to the fee under subsection (6) of this section.
(9) For a farm indorsement, $26.
(10) Test fees for the knowledge test for indorsements other
than motorcycle and farm indorsements:
(a) For a hazardous materials indorsement, { - $3 - } { +
$10 + }.
(b) For a tank vehicle indorsement, { - $3 - } { + $10 + }.
(c) For a passenger indorsement, { - $3 - } { + $10 + }.
(d) For a trailer indorsement, { - $3 - } { + $10 + }.
Enrolled House Bill 2041 (HB 2041-C) Page 30
(11) Fee to take an airbrake knowledge test, { - $3 - } { +
$10 + }.
(12) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
(13) License renewal fee for a commercial driver license,
{ - $36.50 - } { + $50 + }.
(14) License renewal fee for a Class C license, $28.50.
(15) License replacement fee under ORS 807.160, $21.
(16) Original indorsement issuance fee under ORS 807.170 for a
motorcycle indorsement, $46, in addition to any fees for the
indorsed license.
(17) Permit replacement fee under ORS 807.220, 807.230, 807.280
and 807.290, $21.
(18) Special student driver permit fee under ORS 807.230,
{ - $11 - } { + $18 + }.
(19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
(20) Motorcycle Safety Subaccount fee as follows:
(a) Upon original issuance of motorcycle indorsements under ORS
807.170, $28.
(b) Upon renewal of a license with a motorcycle indorsement
under ORS 807.170, $28.
(21) Probationary driver permit application fee under ORS
807.270, $50.
(22) Hardship driver permit application fee under ORS 807.240,
$50.
(23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
(24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
(25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
{ + (26) Fee for hazardous materials endorsement security
check, $50. + }
SECTION 50. ORS 825.450 is amended to read:
825.450. (1) Except as otherwise permitted under ORS 825.470,
the Department of Transportation shall issue a receipt stating
the combined weight of each self-propelled or motor-driven
vehicle and any train or combination of vehicles to be used
therewith.
(2) The receipt shall be carried with the motor vehicle at all
times, and no person shall load any motor vehicle in excess of
its combined weight permit rating thus determined except as
variations may necessarily result in passenger loading. A fee of
{ - $5 - } { + $8 + } shall be paid to the department for
each weight receipt issued.
(3) Receipts issued under this section shall be valid from the
first day of any calendar quarter to the last day of the fourth
consecutive calendar quarter. Each carrier may select the
calendar quarter in which the period will begin except that, if
necessary for administrative convenience, the department may
require a carrier to adopt a starting date chosen by the
department.
(4) All vehicles operating under the carrier's authority shall
have the same four-quarter period of receipt validity. The
department may allow a carrier to operate with expired receipts
for up to one extra quarter if the renewal application has been
submitted and the required fees have been paid on or before the
Enrolled House Bill 2041 (HB 2041-C) Page 31
last day of the period of validity of the receipt. The extension
of time allowed by this subsection shall be granted only if the
department determines that the extension is necessary for the
administrative convenience of the department.
SECTION 51. ORS 807.340 is amended to read:
807.340. (1) The Department of Transportation may require any
person to whom a license, driver permit or indorsement is issued
to appear before the department and reestablish the person's
eligibility by taking either an examination under ORS 807.070 or
following the procedures in ORS 807.090, as appropriate. The
department may act under this section if the department has
reason to believe that the person may:
(a) No longer be qualified to hold a license, driver permit or
indorsement; or
(b) No longer be able to safely operate a motor vehicle.
(2) If a person does not appear before the department within a
reasonable time after receiving notice from the department under
this section or is unable to reestablish eligibility to the
satisfaction of the department under this section, the department
may take action to suspend the person's driving privileges under
ORS 809.410.
{ + (3) A person who is required to take one or more tests
described in ORS 807.070 in order to reestablish eligibility
under this section is not required to pay the fee established
under ORS 807.370 for the test. + }
{ +
DISTRIBUTION OF MISCELLANEOUS FEE MONEYS + }
SECTION 52. { + Section 53 of this 2003 Act is added to and
made a part of ORS chapter 366. + }
SECTION 53. { + (1) The following moneys shall be allocated as
described in subsection (2) of this section:
(a) The amount attributable to the increase in the inspection
fee by the amendments to ORS 803.215 by section 47 of this 2003
Act.
(b) The amount attributable to any increase in registration
plate fees by the amendments to ORS 803.570 by section 48 of this
2003 Act.
(c) The amount attributable to the increases in fees for driver
licenses, permits and endorsements by the amendments to ORS
807.370 by section 49 of this 2003 Act.
(d) The amount attributable to the increase in the weight
receipt fee by the amendments to ORS 825.450 by section 50 of
this 2003 Act.
(2) The moneys described in subsection (1) of this section
shall be allocated 60 percent to counties and 40 percent to
cities. Moneys allocated under this section shall be distributed
in the same manner as moneys allocated to counties and cities
under ORS 366.524 are distributed. + }
SECTION 54. { + Section 55 of this 2003 Act is added to and
made a part of ORS chapter 366. + }
SECTION 55. { + (1) Each year the Department of Transportation
shall determine the increase in the number of vehicle
registrations and titles that is attributable to section 2,
chapter ___, Oregon Laws 2003 (Enrolled House Bill 2388), and the
increase in the number of trip permits issued under ORS 803.600
that is attributable to the amendments to ORS 803.600 by section
3, chapter ___, Oregon Laws 2003 (Enrolled House Bill 2388).
Enrolled House Bill 2041 (HB 2041-C) Page 32
(2) Notwithstanding any other allocation of moneys to counties
and cities under this chapter, the amount of moneys from the
increases described in subsection (1) of this section shall be
allocated 60 percent to counties and 40 percent to cities. Moneys
allocated under this section shall be distributed in the same
manner as moneys allocated to counties and cities under ORS
366.524 are distributed. + }
SECTION 56. { + Sections 54 and 55 of this 2003 Act become
operative only if House Bill 2388 becomes law. + }
SECTION 57. { + The Oregon Transportation Commission shall
adopt rules defining the term 'ready for construction' for
purposes of sections 10 and 39 of this 2003 Act. The rules must
be adopted no later than June 30, 2004. + }
{ +
REPEALS + }
SECTION 58. { + Section 3, chapter 240, Oregon Laws 2001,
section 4, chapter 669, Oregon Laws 2001, and section 3, chapter
3, Oregon Laws 2002, are repealed. + }
SECTION 59. { + Section 39 of this 2003 Act is repealed on
January 2, 2008. + }
{ +
CAPTIONS + }
SECTION 60. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
----------
Passed by House June 23, 2003
Repassed by House July 23, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 17, 2003
...........................................................
President of Senate
Enrolled House Bill 2041 (HB 2041-C) Page 33
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2041 (HB 2041-C) Page 34