Relating to fees for pilot programs of Department of Transportation; amending section 3, chapter 862, Oregon Laws 2001; and prescribing an effective date.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1105
 
                           B-Engrossed
 
                         Senate Bill 83
                   Ordered by the House May 21
     Including Senate Amendments dated February 19 and House
                           Amendments
                          dated May 21
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senator-elect Bruce Starr
  for Road User Fee Task Force)
 
 
                             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 structure fees for
certain pilot programs to take account of highway
congestion.  { + Prohibits developing or using technology that
allows creation of database that identifies time and course of
travel by individual. + }
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to fees for pilot programs of Department of
  Transportation; amending section 3, chapter 862, Oregon Laws
  2001; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 3, chapter 862, Oregon Laws 2001, is amended
to read:
   { +  Sec. 3. + } (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) Collecting and reporting the number of miles subject
to any surcharge; and + }
    { - (c) - }  { +  (d) + } 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 fee
may include a surcharge for travel in specified places during
specified times. + } 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 2 { + ,
chapter 862, Oregon Laws 2001 + }   { - of this 2001 Act - } .
   { +  (12) In establishing or imposing the surcharge authorized
by subsection (4) of this section, the department may not develop
or apply technology that allows creation of a database that
identifies the precise time and course of travel of any
individual. + }
  SECTION 2.  { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
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