Relating to taxation of motor vehicles; creating new provisions; amending ORS 319.520, 319.690, 366.507, 366.508, 366.524, 367.605, 376.390, 802.010, 802.130, 802.500, 802.520, 803.420, 810.530, 825.005, 825.007, 825.020, 825.022, 825.137, 825.139, 825.232, 825.354, 825.450, 825.476, 825.500, 825.504, 825.515, 825.517, 826.005, 826.007 and 826.031 and section 17, chapter ___, Oregon Laws 1999 (Enrolled Senate Bill 1216), and sections 83, 86, 87 and 88, chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082); repealing sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 72, 73, 74 and 79, chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082); and providing for revenue raising that requires approval by a three-fifths majority.




     70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session


                            Enrolled

                         House Bill 3344

Sponsored by Representative MONTGOMERY, Senator SHANNON (at the
  request of Oregon Trucking Association, Oregon Forest Products
  Transportation Association, Oregon Draymen and Warehousemen's
  Association, Oregon Tow Truck Association)


                     CHAPTER ................


                             AN ACT


Relating to taxation of motor vehicles; creating new provisions;
  amending ORS 319.520, 319.690, 366.507, 366.508, 366.524,
  367.605, 376.390, 802.010, 802.130, 802.500, 802.520, 803.420,
  810.530, 825.005, 825.007, 825.020, 825.022, 825.137, 825.139,
  825.232, 825.354, 825.450, 825.476, 825.500, 825.504, 825.515,
  825.517, 826.005, 826.007 and 826.031 and section 17, chapter
  ___, Oregon Laws 1999 (Enrolled Senate Bill 1216), and sections
  83, 86, 87 and 88, chapter ___, Oregon Laws 1999 (Enrolled
  House Bill 2082); repealing sections 1, 2, 3, 4, 5, 6, 7, 8, 9,
  10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
  26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
  72, 73, 74 and 79, chapter ___, Oregon Laws 1999 (Enrolled
  House Bill 2082); and providing for revenue raising that
  requires approval by a three-fifths majority.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) Sections 2 to 35 of this 1999 Act take
effect only if House Bill 2082 becomes law.
  (2) Except as otherwise provided in sections 2 to 35 of this
1999 Act, sections 3 to 35 of this 1999 Act become operative on
January 1, 2006. + }
  SECTION 2. Section 87, chapter ___, Oregon Laws 1999 (Enrolled
House Bill 2082), is amended to read:
   { +  Sec. 87. + }  { + The operation of + } ORS 803.108,
825.212, 825.470, 825.472, 825.474, 825.476, 825.480, 825.482,
825.484, 825.486, 825.488, 825.490, 825.492, 825.494, 825.496,
825.502, 825.506, 825.507 and 825.550   { - are repealed - }
 { +  is suspended from the effective date of this section until
January 1, 2006 + }.
  SECTION 2a.  { + The amendments to section 87, chapter ___,
Oregon Laws 1999 (Enrolled House Bill 2082), by section 2 of this
1999 Act take effect on the operative date of section 87,
chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082). + }
  SECTION 3.  { + Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 72, 73, 74
and 79, chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082),
are repealed. + }




Enrolled House Bill 3344 (HB 3344-B)                       Page 1



  SECTION 4. Section 83, chapter ___, Oregon Laws 1999 (Enrolled
House Bill 2082), as amended by section 40 of this 1999 Act, is
amended to read:
   { +  Sec. 83. + } (1) Once every two years, the Office of
Economic Analysis of the Oregon Department of Administrative
Services shall conduct either a full highway cost responsibility
study or an examination of data collected since the previous
study. The purposes of the study or examination of data shall be
to determine the proportionate share that each class of road user
should pay for the costs of maintenance, operation and
improvement of highways, roads and streets in the state, and
whether each class is paying that share. A report on the results
of the study or examination of data shall be submitted to the
legislative revenue committees and the legislative committees
with primary responsibility for transportation by January 31 of
each odd-numbered year.
  (2) The report shall include recommended adjustments to the
  { - fees in ORS 803.420 (10) - }  { +  tax rates in ORS
825.476 + } that are needed in order to maintain cost
responsibility. If the study or examination of data indicates
that the heavy vehicle share has been underpaid since the last
report, the recommended adjustments shall include recovery of the
amount of the underpayment. If the study or examination of data
indicates that the heavy vehicle share has been overpaid, the
recommended adjustments shall include credit for the amount of
the overpayment.
  (3) Based on the report, the Legislative Assembly shall enact
adjustments to the   { - fee schedule in ORS 803.420 (10) - }
 { +  tax rates in ORS 825.476 + } if the report indicates that
adjustments are necessary to maintain cost responsibility.
  (4) For purposes of this section, the two classes of road users
are light vehicles and heavy vehicles. Light vehicles are
vehicles with a gross weight of 26,000 pounds or less, and heavy
vehicles are trucks and other vehicles with a gross weight of
26,001 pounds or more.
  SECTION 5. Section 86, chapter ___, Oregon Laws 1999 (Enrolled
House Bill 2082), is amended to read:
   { +  Sec. 86. + } (1) Notwithstanding the   { - repeal - }
 { +  suspension of the operation + } of ORS 825.490, 825.494 and
825.496 by section 87   { - of this 1999 Act - }  { + , chapter
__, Oregon Laws 1999 (Enrolled House Bill 2082) + }, the
Department of Transportation may follow the provisions of ORS
825.490 (1997 Edition), 825.494 (1997 Edition) and 825.496 (1997
Edition) for the purpose of auditing carriers and collecting
taxes, interest, penalties and other liabilities due to the
department that have accrued prior to the operative date of
section 87   { - of this 1999 Act - }  { + , chapter __, Oregon
Laws 1999 (Enrolled House Bill 2082) + }.
  (2) This section is repealed on December 31, 2003.
  SECTION 5a.  { + The amendments to section 86, chapter ___,
Oregon Laws 1999 (Enrolled House Bill 2082), by section 5 of this
1999 Act take effect on the operative date of section 86,
chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082). + }
  SECTION 6. Section 88, chapter ___, Oregon Laws 1999 (Enrolled
House Bill 2082) is amended to read:
   { +  Sec. 88. + } Sections 1 to 41, 46, 47, 72 to 74 and 79 to
86   { - of this 1999 Act - }  { + , chapter __, Oregon Laws 1999
(Enrolled House Bill 2082) + }, the amendments to statutes by
sections 43 to 45, 48 to 71 and 75 to 78   { - of this 1999
Act - }  { + , chapter __, Oregon Laws 1999 (Enrolled House Bill


Enrolled House Bill 3344 (HB 3344-B)                       Page 2



2082), + } and the   { - repeal - }  { +  suspension of the
operation + } of statutes by section 87   { - of this 1999
Act - }  { + , chapter __, Oregon Laws 1999 (Enrolled House Bill
2082), + } become operative on July 1, 2000.
  SECTION 7. ORS 319.520, as amended by section 49, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  319.520. As used in ORS 319.510 to 319.880, unless the context
clearly indicates a different meaning:
  (1) 'Combined weight' means the total empty weight of all
vehicles in a combination plus the total weight of the load
carried on that combination of vehicles.
  (2) 'Delinquent' means having failed to pay a tax or penalty
within the time provided by law.
  (3) 'Department' means the Department of Transportation.
  (4) 'Fuel' means any combustible gas, liquid or material of a
kind used for the generation of power to propel a motor vehicle
on the highways except motor vehicle fuel as defined in ORS
319.010   { - and diesel fuel - } .
  (5) 'Highway' means every way, thoroughfare and place, of
whatever nature, open to the use of the public for the purpose of
vehicular travel.
  (6) 'Light weight' means the weight of a vehicle when fully
equipped for moving over the highway.
  (7) 'Motor vehicle' means every self-propelled vehicle operated
on the highway, except an implement of husbandry used in
agricultural operations and only incidentally operated or moved
upon the highway.
  (8) 'Person' means any individual, firm, copartnership, joint
venture, association, corporation, trust, receiver or any group
or combination acting as a unit.
  (9) 'Seller' means a person who sells fuel to a user.
  (10) 'To sell fuel for use in a motor vehicle' means to deliver
or place fuel for a price into a receptacle on a motor vehicle,
from which receptacle the fuel is supplied to propel the motor
vehicle.
  (11) 'To use fuel in a motor vehicle' means to receive into any
receptacle on a motor vehicle, fuel to be consumed in propelling
the motor vehicle on the highways of this state; and, if the fuel
is received into the receptacle outside the taxing jurisdiction
of the state, 'to use fuel in a motor vehicle ' means to consume
in propelling the motor vehicle on the highways of this state.
  SECTION 8. ORS 319.690, as amended by section 50, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  319.690. (1) Except as provided in subsection (2) of this
section and ORS 319.692, each user of fuel in a motor vehicle
required to be licensed under ORS 319.550 shall, on or before the
20th day of each month, file with the Department of
Transportation a report showing the amount of fuel used during
the immediately preceding calendar month by the user and such
other information as the department may require for the purposes
of ORS 319.510 to 319.880. The reports shall be in the form
prescribed by the department. Each report shall be accompanied by
a remittance payable to the department for the amount of all the
tax shown by the report to be due and payable. Any tax paid to a
seller is a credit against the amount of tax otherwise due and
payable to the state under ORS 319.510 to 319.880  { + or
825.474, 825.476 and 825.480 + }. Also, when filing a monthly tax
report, a user may, in lieu of claiming a refund, take a
deduction or credit for the tax on any fuel which would otherwise
be subject to refund under ORS 319.831 (1).


Enrolled House Bill 3344 (HB 3344-B)                       Page 3



  (2) Each user of fuel in a motor vehicle with a light weight of
less than 8,000 pounds required to be licensed under ORS 319.550
may file an annual report of all fuel used upon Oregon highways.
The report for each calendar year shall be filed on or before
March 1 of the year following and shall be accompanied by a
remittance payable to the department of all the tax shown to be
due and payable on the amount of fuel used.
  SECTION 9. ORS 366.507, as amended by section 51, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), 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 { + , + }   { - and - }
319.530 { + , 825.476 and 825.480 + } by sections  { + 1, 2 and
10 to 15 + }   { - 1, 2, 12 and 13 - } , chapter 209, Oregon Laws
1985, and an amount equal to one-third of the moneys in the State
Highway Fund that become available for its use from any increase
in tax rates created by the amendments to ORS 319.020 { + , + }
 { - and - }  319.530 { + , 825.476 and 825.480 + } by sections
 { + 5, 6 and 8 to 15 + }   { - 8, 9, 10, 11, 14 and 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 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.
  (4) In developing criteria for selection of projects, the
commission shall consider the following:
  (a) Projects be of significance to the state highway system.
  (b) Projects not be selected on the interstate highway system.
  (c) Projects be equitably distributed throughout Oregon.
  (d) Projects may be on county or city arterial roads connecting
to or supporting a state highway.
  (e) Priority be given to projects which encourage economic
development where:
  (A) There is commitment by private industry to construct a
facility.
  (B) There is support from other state agencies.
  (f) Priority 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.
  (g) Priority be given where there is strong local support.
  SECTION 10. ORS 366.508, as amended by section 52, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  366.508. (1) The Legislative Assembly finds that:
  (a) Estimated highway, road and street revenues from current
sources will not adequately meet the need for continued


Enrolled House Bill 3344 (HB 3344-B)                       Page 4



development of a statewide road and bridge system that is
economically efficient, provides accessibility to and from
commercial, agricultural, industrial, tourist and recreational
facilities and enhances the highway safety, environmental quality
and land use goals of this state;
  (b) Responsibility for the cost of the highway, road and street
system should be proportional and should be based on the number
and types of vehicles that use the system and on the frequency of
their use; and
  (c) Expansion, modernization, maintenance, repair,
reconstruction, increased capacity and enhanced safety on all
roads and bridges is crucial to the economic revitalization of
Oregon.
  (2) The Legislative Assembly declares that the purpose of this
section and ORS 319.020, 319.530, 366.507, 366.524,
366.542 { + , + }
  { - and - }  366.790 { + , 825.476 and 825.480 + }   { - and
section 2 of this 1999 Act - }  is:
  (a) To enhance the revenue base for the state, counties and
cities for continued development and maintenance of the road and
bridge system; and
  (b) To enhance the revitalization of this state's economy by
implementing a long-term plan for the state, counties and cities
that establishes priorities for road and bridge improvements.
  SECTION 11. ORS 367.605, as amended by section 54, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  367.605. This section establishes the moneys available for use
or pledge for purposes of issuing bonds under ORS 367.615 or
367.670. Such moneys are established as provided under the
following:
  (1) Except as provided in subsection (2) of this section,
moneys, once deposited in the highway fund established under ORS
366.505, from all of the following sources are subject to the use
or pledge described by this section:
  (a) Moneys credited to the highway fund under ORS 153.630.
  (b) Moneys from the tax on  { + motor carriers + }   { - diesel
fuel - } imposed under  { + ORS 825.474 + }   { - section 2 of
this 1999 Act - } .
  (c) Moneys from the tax on motor vehicle fuel imposed under ORS
319.020.
  (d) Moneys from the tax on fuel used in motor vehicles imposed
under ORS 319.530.
  (e) Moneys described under ORS 803.090 from the titling of
vehicles.
  (f) Moneys described under ORS 803.420 from the registration of
vehicles.
  (g) Moneys described under ORS 807.370 relating to the issuance
of driver licenses and driver permits.
  (2) Moneys described under subsection (1) of this section do
not include any moneys described in the following:
  (a) Moneys provided for appropriations to counties under ORS
366.525 to 366.540.
  (b) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  (c) Moneys in the account established under ORS 366.512 for
parks and recreation.
  SECTION 12. ORS 376.390, as amended by section 55, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  376.390. Nothing in ORS 376.305 to 376.390 relieves the forest
road contractor or agents or subcontractors of the forest road


Enrolled House Bill 3344 (HB 3344-B)                       Page 5



contractor from payment of any taxes or fees prescribed by
law { + , except that, with respect to a motor vehicle operated
upon a contract forest road by a forest road contractor, or agent
or subcontractor of the forest road contractor, the road tax
mileage fees prescribed by ORS 825.474, 825.476, 825.480 and
825.484 shall be assessed upon the declared combined weight of
the motor vehicle or 76,000 pounds, whichever is less + }.
  SECTION 13. ORS 802.010, as amended by section 56, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  802.010. (1) The Department of Transportation shall perform all
of the duties, functions and powers with respect to the
following:
  (a) The administration of the laws relating to the motor
vehicle fuel license tax, aircraft fuel license tax  { - , - }
 { + and + } use fuel license tax including ORS chapter 319
 { - , and diesel fuel tax under sections 1 to 41 of this 1999
Act - } .
  (b) The administration of the laws relating to motor vehicle
registration and titling and the issuance of certificates to
vehicle dealers and vehicle wreckers including but not limited to
the administration of the vehicle code.
  (c) The administration of the laws relating to driving
privileges granted under licenses and permits and under the
vehicle code.
  (d) The administration of the laws relating to operation of
vehicles on highways and of vehicle size, weight and use limits
under the vehicle code.
  (e) The administration of ORS 820.130 and 820.140.
  (f) The administration of the provisions relating to proof of
financial responsibility and future responsibility filings.
  (2) The Director of Transportation shall act as a reciprocity
officer for the purposes of ORS 802.500 and 802.520.
  (3) The director shall have the authority to execute or make
such arrangements, agreements or declarations to carry out the
provisions of ORS 802.500 and 802.520. The director shall receive
no additional compensation for service performed under this
subsection but shall be allowed actual and necessary expenses
incurred in the performance of the duties to be paid from the
account of the department.
  SECTION 14. ORS 802.130, as amended by section 57, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  802.130. The All-Terrain Vehicle Account is established as a
separate account in the State Highway Fund, to be accounted for
separately. After deduction of expenses of collection, transfer
and administration, including the expenses of establishment and
operation of Class I all-terrain vehicle safety education courses
under ORS 821.180 and Class III all-terrain vehicle safety
education courses under ORS 821.182, the following moneys shall
be transferred to the account:
  (1) Fees collected by the Department of Transportation under
ORS 821.060 for issuance of title for Class I all-terrain
vehicles.
  (2) Fees collected by the department under ORS 821.320 for
registration of Class I all-terrain vehicles.
  (3) Fees collected by the department from participants in the
Class I all-terrain vehicle safety education course under ORS
821.180 and participants in the Class III all-terrain vehicle
safety education course under ORS 821.182.
  (4) That portion of the amount paid to the department as motor
vehicle fuel tax under ORS 319.020 and 319.530   { - and diesel


Enrolled House Bill 3344 (HB 3344-B)                       Page 6



fuel tax under section 2 of this 1999 Act - }  that is determined
by the department to be tax on fuel used by Class I, Class II and
Class III all-terrain vehicles in off-highway operation and that
is not refunded. The department shall determine the amount of
money to be transferred under this subsection at least once each
four years.
  (5) Fees collected by the department under ORS 821.145 (2) for
issuance and renewal of Class II or Class III all-terrain vehicle
off-road operating permits.
  SECTION 14a.  { + If Senate Bill 1216 becomes law, section 14
of this 1999 Act (amending ORS 802.130) is repealed and section
17, chapter ___, Oregon Laws 1999 (Enrolled Senate Bill 1216), as
amended by section 17a, chapter ___, Oregon Laws 1999 (Enrolled
Senate Bill 1216), is amended to read: + }
   { +  Sec. 17. + } The Department of Transportation shall
transfer to the State Parks and Recreation Department that
portion of the amount paid to the Department of Transportation as
motor vehicle fuel tax under ORS 319.020 and 319.530   { - and
diesel fuel tax under section 2, chapter ___, Oregon Laws 1999
(Enrolled House Bill 2082), - }  that is determined by the
department to be tax on fuel used by Class I, Class II and Class
III all-terrain vehicles in off-highway operation and that is not
refunded. The Department of Transportation shall determine the
amount of moneys to be transferred under this section at
quarterly intervals.
  SECTION 15. ORS 802.500, as amended by section 58, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  802.500. The Director of Transportation may enter into
agreements with the duly authorized representatives of any
jurisdiction that issues registration to establish reciprocal
privileges or registration exemptions for vehicles as described
in this section. All of the following apply to an agreement
established under the authority granted by this section:
  (1) An agreement may establish any of the following benefits,
privileges and exemptions with respect to the operation of
commercial or noncommercial vehicles in this state:
  (a) For purposes of ORS 803.305 exemptions from registration
and payment, wholly or partially, of any vehicle or registration
fees.
  (b) Privileges relating to vehicles used by disabled persons.
  (c) Privileges relating to vehicle parking.
  (d) Privileges relating to vehicle dealers.
  (e) Privileges, exemptions or benefits relating to farm
vehicles or implements of husbandry.
  (f) Privileges relating to persons commercially transporting
vehicles.
  (g) Any similar privileges, benefits or exemptions relating to
the operation of vehicles.
  (h) Privileges, benefits or exemptions relating to the
registration of fleets of vehicles.
  (2) An agreement shall only grant the privileges, benefits and
exemptions to a vehicle or the owner of a vehicle if the vehicle
is any of the following:
  (a) Registered in the jurisdiction where the person registering
the vehicle has a legal residence.
  (b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph the vehicle must be
assigned to the place of business and the place of business must
be the place from which or in which the vehicle is most


Enrolled House Bill 3344 (HB 3344-B)                       Page 7



frequently dispatched, garaged, serviced, maintained, operated or
otherwise controlled.
  (c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
  (3) An agreement shall retain the right of the Department of
Transportation to make the final determination as to the proper
place of registration of a vehicle when there is a dispute or
doubt concerning the proper place of registration. An agreement
shall retain the right of the department to confer with the
departments of other jurisdictions affected when making a
determination under this subsection.
  (4) An agreement shall not provide for any benefit, exemption
or privilege with respect to fuel taxes, use fuel taxes,
 { - diesel fuel taxes, - }  weight mile taxes or any other fees
or taxes levied or assessed against the use of highways or use or
ownership of vehicles except registration taxes, fees and
requirements.
  (5) An agreement must provide that any vehicle registered in
this state will receive a similar kind or degree of exemptions,
benefits and privileges when operated in another jurisdiction
that is party to the agreement as vehicles registered in the
other jurisdiction receive when operated in this state.
  (6) An agreement, in the judgment of the director, shall be in
the best interest of this state and its citizens, shall be fair
and equitable to this state and its citizens and shall be
determined on the basis and recognition of benefits that accrue
to the economy of this state from the uninterrupted flow of
commerce.
  (7) An agreement may authorize a vehicle that would otherwise
be required to be registered in one jurisdiction to be registered
in another jurisdiction without losing any benefit, exemption or
privilege under the agreement if the vehicle is operated from a
base located in the other jurisdiction.
  (8) An agreement may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease to receive
benefits, exemptions and privileges under the agreement.
  (9) An agreement may authorize the department to suspend or
cancel any exceptions, benefits or privileges granted to any
person under the agreement if the person violates any of the
terms or conditions of the agreement or violates any law or rule
of this state relating to vehicles.
  (10) All agreements shall be in writing and filed with the
department within 10 days after execution or the effective date
of the agreement, whichever is later.
  (11) An agreement may be a limited type agreement with any
state bordering this state as described in this subsection. An
agreement described under this subsection is subject to all of
the following:
  (a) The benefits, exemptions and privileges under the agreement
shall only be extended to vehicles or a class of vehicles as
specified in the agreement.
  (b) The agreement shall be applicable only within an area in
each state that is situated along the boundary between the states
and that is substantially equal in size.
  (c) The usage permitted of the vehicles in the two areas shall
be as substantially equal as may be practicable.
  (d) The areas and usage subject to the agreement shall be
described in the agreement.



Enrolled House Bill 3344 (HB 3344-B)                       Page 8



  (e) Proportional registration shall not be required under the
agreement.
  (f) The agreement shall comply with other mandatory provisions
of this section and may contain any other provisions described
under this section.
  (g) A vehicle operating under the agreement may be required to
obtain a permit under ORS 803.610.
  (12) An agreement may require the display or submission of
evidence of registration for any vehicle operating under the
agreement.
  SECTION 16. ORS 802.520, as amended by section 59, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  802.520. The Director of Transportation may examine the laws
and requirements of any jurisdiction that issues out-of-state
registration and may grant a privilege or a registration
exemption described in this section to vehicles or owners of
vehicles registered in that jurisdiction. All of the following
apply to the authority granted by this section:
  (1) The director may only grant privileges or registration
exemptions under this section to vehicles that are registered in
jurisdictions that do not have an agreement with this state for
privileges or registration exemptions under ORS 802.500 or
826.005 or an agreement for proportional registration with this
state under ORS 826.007.
  (2) All grants of privileges and registration exemptions under
this section shall be by declaration, shall be in writing and
shall be filed with the Department of Transportation within 10
days after execution or effective date, whichever is later.
  (3) A declaration may grant benefits, privileges and exemptions
with respect to the operation of commercial or noncommercial
vehicles in this state of the same type that may be established
by agreement under ORS 802.500 or 826.005.
  (4) A declaration shall only grant the privileges, benefits and
exemptions to a vehicle or the owner of a vehicle if the vehicle
is any of the following:
  (a) Registered in the jurisdiction where the person registering
the vehicle has a legal residence.
  (b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph the vehicle must be
assigned to the place of business and the place of business must
be the place from which or in which the vehicle is most
frequently dispatched, garaged, serviced, maintained, operated or
otherwise controlled.
  (c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
  (5) The department shall make any final determination in any
case of doubt or dispute as to the proper place of registration
of a vehicle, but may confer with departments of other
jurisdictions affected.
  (6) A declaration shall not provide for any benefit, exemption
or privilege with respect to fuel taxes, use fuel taxes,
  { - diesel fuel taxes, - }  weight mile taxes or other fees or
taxes levied or assessed against the use of highways or use or
ownership of vehicles except registration taxes, fees and
requirements.
  (7) A declaration shall only grant benefits, exemptions or
privileges that are, in the judgment of the director, in the best
interest of this state and its citizens, fair and equitable to


Enrolled House Bill 3344 (HB 3344-B)                       Page 9



this state and its citizens and determined on the basis and with
recognition of benefits that accrue to the economy of this state
from the uninterrupted flow of commerce.
  (8) A declaration may authorize a vehicle that would otherwise
be required to be registered in one jurisdiction to be registered
in another jurisdiction without losing any benefit, exemption or
privilege under the declaration if the vehicle is operated from a
base located in the other jurisdiction.
  (9) A declaration may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease, to receive
benefits, exemptions and privileges under the declaration.
  (10) A declaration may authorize the department to suspend or
cancel any exemptions, benefits or privileges granted to any
person under the declaration if the person violates any of the
terms or conditions of the declaration or violates any law or
rule of this state relating to vehicles.
  SECTION 17. ORS 810.530, as amended by section 59a, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
  (a) Violation of maximum weight limits under ORS 818.020.
  (b) Violation of posted weight limits under ORS 818.040.
  (c) Violation of administratively imposed weight or size limits
under ORS 818.060.
  (d) Violation of maximum size limits under ORS 818.090.
  (e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
  (f) Violation of posted limits on use of road under ORS
818.130.
  (g) Violation of towing safety requirements under ORS 818.160.
  (h) Operating with sifting or leaking load under ORS 818.300.
  (i) Dragging objects on highway under ORS 818.320.
  (j) Unlawful use of devices without wheels under ORS 815.155.
  (k) Unlawful use of metal objects on tires under ORS 815.160.
  (L) Operation without pneumatic tires under ORS 815.170.
  (m) Operation in violation of vehicle variance permit under ORS
818.340.
  (n) Failure to carry and display permit under ORS 818.350.
  (o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
  (p) Violation of manufactured structure trip permit
requirements under ORS 803.600.
  (q) Violation of any provision of ORS chapter 825 or 826.
  (r) Operation without proper fenders or mudguards under ORS
815.185.
  (2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle, or who finds
evidence that an offense described in this subsection has been
committed by such person, may issue a citation for the offense.
The citation may be accomplished in the same manner as under ORS
810.410 as if the weighmaster or motor carrier enforcement
officer were a police officer, except that the offense need not
have been committed in the presence of the weighmaster or motor
carrier enforcement officer. This subsection applies to the
following offenses:


Enrolled House Bill 3344 (HB 3344-B)                      Page 10



  (a) Failure to register under ORS 803.300.
  (b) Failure to pay registration fee under ORS 803.315.
  (c) Failure to submit a declaration of weight under ORS
803.440.
  (d) Failure to renew vehicle registration under ORS 803.455.
  (e) Failure to carry a registration card under ORS 803.505.
  (f) Failure to display registration plates under ORS 803.540.
  (g) Improper display of validating stickers under ORS 803.560.
  (h) Failure to carry or display a valid international fuel tax
agreement license  { - , - }   { + or + } valid international
fuel tax agreement validating decals   { - or a valid trip permit
issued under section 12 of this 1999 Act - } .
    { - (i) Violation of dyed diesel fuel use requirements
imposed by section 7 of this 1999 Act. - }
  (3) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS 153.510 to 153.525 and 153.535 to 153.560.
  (4)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
  (b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
  (5) A weighmaster or motor carrier enforcement officer may
arrest or cite for those offenses described in subsections (1)
and (2) of this section. A weighmaster or motor carrier
enforcement officer may accept security in the same manner as a
police officer under ORS 810.440 and 810.450 and may take as
security for the offenses, in addition to other security
permitted under this section, the sum fixed as bail for the
offense.
  (6) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear on a traffic
offense under ORS 810.360 if the violation is based upon a
citation for any offense described in subsection (1) or (2) of
this section except those in subsection (1)(p) or (q) of this
section.
  (7) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who
fails to comply with the authority of a weighmaster or motor
carrier enforcement officer under this subsection is subject to
penalty under ORS 818.400.
  SECTION 18. ORS 825.005, as amended by section 60, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.005. As used in this chapter:
  (1) 'Carrier' or 'motor carrier' means for-hire carrier or
private carrier.
  (2) 'Cartage carrier' means any person who undertakes to
transport any class of property by motor vehicle for compensation
when the transportation is performed wholly within an
incorporated city or a commercial zone adjacent to an
incorporated city.
  (3) 'Certificate' means an authority issued to a for-hire
carrier under ORS 825.110.
  (4) 'Combined weight' means the weight of the motor vehicle
plus the weight of the maximum load which the applicant has
declared such vehicle will carry. Any declared combined weight is
subject to audit and approval by the Department of
Transportation.  The combined weight of motor buses or bus
trailers is the light weight of the vehicle plus the weight of


Enrolled House Bill 3344 (HB 3344-B)                      Page 11



the maximum seating capacity including the driver's seat
estimated at 170 pounds per seat, exclusive of emergency seats,
except that transit-type motor vehicles may use 150 pounds per
seat in determining combined weight. In cases where a bus has a
seating capacity which is not arranged for separate or individual
seats, 18 lineal inches of such capacity shall be deemed the
equivalent of a passenger seat.
  (5) 'Department' means the Department of Transportation.
   { +  (6) 'Extreme miles' or 'extreme mileage' means the total
miles operated by a vehicle over the public highways, except the
extra miles necessarily operated in traversing detours or
temporary routes on account of road blockades in the state. + }
    { - (6) - }   { + (7) + } 'For-hire carrier' means:
  (a) Any person who transports persons or property for hire or
who publicly purports to be willing to transport persons or
property for hire by motor vehicle; or
  (b) Any person who leases, rents or otherwise provides a motor
vehicle to the public and who in connection therewith in the
regular course of business provides, procures or arranges for,
directly, indirectly or by course of dealing, a driver or
operator therefor.
   { +  (8) + }   { - (7) - }  'Motor vehicle' means any
self-propelled vehicle and any such vehicle in combination with
any trailing units, used or physically capable of being used upon
any public highway in this state in the transportation of persons
or property, except vehicles operating wholly on fixed rails or
tracks and electric trolley buses. 'Motor vehicle' includes
overdimension vehicles or vehicles permitted excessive weights
pursuant to a special authorization issued by a city, county or
the Department of Transportation.
   { +  (9) + }   { - (8) - }  'Permit' means an authority issued
to a carrier under ORS 825.102, 825.104, 825.108, 825.106 or
825.127.
   { +  (10) + }   { - (9) - }  'Private carrier' means any
person who operates a motor vehicle over the public highways of
this state for the purpose of transporting persons or property
when the transportation is incidental to a primary business
enterprise, other than transportation, in which such person is
engaged.
   { +  (11) 'Privilege taxes' means the weight-mile tax and fees
prescribed in this chapter. + }
   { +  (12) + }   { - (10) - }  'Property' includes, but is not
limited to, permanent loads such as equipment, appliances,
devices, or ballast that are attached to, carried on, or made a
part of the vehicle and that are designed to serve some
functional purpose.
   { +  (13) + }   { - (11) - }  'Public highway' means every
street, alley, road, highway and thoroughfare in this state used
by the public or dedicated or appropriated to public use.
   { +  (14) + }   { - (12) - }  'Safe for operation' means
mechanical safety and compliance with rules regarding equipment
and operation as are specified by law or by rule of the
Department of Transportation.
   { +  (15) + }   { - (13) - }  'Transit-type motor vehicle'
means any passenger-carrying vehicle that does not have a
separate space for transporting baggage or express.
   { +  (16) + }   { - (14) - }  'Transporter' has the meaning
given that term in ORS 466.005.
  SECTION 19. ORS 825.007, as amended by section 61, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:


Enrolled House Bill 3344 (HB 3344-B)                      Page 12



  825.007. (1) The business of operating as a motor carrier of
persons or property for hire upon the highways of this state is
declared to be a business affected with the public interest. It
is hereby declared to be the state transportation policy to do
the following:
  (a) Promote safe, adequate, economical and efficient service
and to promote the conservation of energy.
  (b) Promote sound, economic conditions in transportation.
  (c) Encourage the establishment and maintenance of reasonable
rates for transportation services, without unjust
discriminations, undue preferences or advantages or unfair or
destructive competitive practices.
  (d) Provide specific state action immunity against all
antitrust claims and prosecution in those instances when carriers
lawfully develop, publish and charge rates relating to the
transportation of persons or household goods and joint line rates
relating to the transportation of other property and provide
services specifically prescribed and subject to regulation by the
Department of Transportation and in those instances when carriers
lawfully engage in prior consultation for purposes described in
this paragraph.
  (2) The volume of motor carrier traffic presents dangers and
hazards on public highways and make it imperative that:
  (a) Stringent rules be employed, to the end that the highways
may be rendered safe for the use of the general public;
  (b) The wear of such highways be controlled;
  (c) A minimum of inconvenience to other users of the highways
be effected;
  (d) A minimum hindrance and stoppage to other users of the
highways compatible with needs of the public for adequate
transportation service, be effected;
  (e) The highways be safeguarded from improper or unnecessary
usage;
  (f) Operation by irresponsible persons or any other operation
threatening the safety of the public or detrimental to the
general welfare be prevented;
  (g) Congestion of traffic on the highways be minimized;
  (h) The various transportation agencies of the state be
adjusted and correlated so that public highways may serve the
best interest of the general public; and
  (i) A method of assessing  { + privilege + } taxes be provided
to enable the further construction of highways and to provide for
the operation, preservation and maintenance of highways already
built.
  (3) The legislature hereby declares that to effect the ends and
purposes listed in this section, this chapter is adopted.
  SECTION 20. ORS 825.020, as amended by section 62, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.020. Except as otherwise provided in this section, this
chapter does not apply to the persons or vehicles described in
this section. The provisions of ORS 825.100, 825.137, 825.139,
825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3),
 { +  825.212, + } 825.450 { + , + }   { - and - }  825.454 { + ,
825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488,
825.490, 825.492, 825.494, 825.496, 825.498, 825.504, 825.506,
825.507, 825.508 and 825.515 + } apply to any of the following
vehicles or combinations of vehicles with a combined weight of
more than 26,000 pounds:
  (1) Vehicles being used exclusively in the transportation of
United States mail on a trip basis.


Enrolled House Bill 3344 (HB 3344-B)                      Page 13



  (2) Vehicles being used in the transportation of persons for
hire, in vehicles with a seating capacity of more than five
persons, within a city and within three air miles of the city.
When the three air mile radius extends into the corporate limits
of another city, the two cities shall be considered as one city
for the purposes of this subsection. The following apply to this
subsection:
  (a) Service may also be provided to or from any area
surrounding the area described under this subsection so long as
the service does not compete with a carrier granted authority by
the Department of Transportation under this chapter to operate in
that surrounding area.
  (b) Any vehicle exempt from the provisions of this chapter
under this subsection is subject to regulation by the city or
cities in which it is operated.
  (3) Vehicles being used for the purpose of transporting persons
or property in connection with the patrolling of forests for the
prevention or fighting of forest fires.
  (4) Vehicles being used in towing or otherwise transporting
vehicles at the direction of a police officer or in servicing,
towing or transporting wrecked or disabled vehicles, or in towing
or transporting a replacement vehicle for such wrecked or
disabled vehicle if the vehicle:
  (a) Is not otherwise used in transporting goods and merchandise
for compensation; and
  (b) In the case of towing, is specially constructed for that
use or has a combined weight not exceeding 8,000 pounds.
  (5) Vehicles being used by a for-hire carrier to transport
within this state free or at reduced rates:
  (a) The carrier's officers, agents or employees, or dependent
members of the families of those individuals, or the personal
effects or household goods of those individuals.
  (b) Ministers of religions, inmates of hospitals and
individuals exclusively engaged in charitable and eleemosynary
work.
  (c) Indigent, destitute and homeless individuals and the
necessary agents employed in the transportation.
  (d) Witnesses attending legal investigations in which the
carrier is interested.
  (e) Persons injured in wrecks and physicians and nurses
attending those persons.
  (f) Persons providing relief in cases of general epidemic,
pestilence or other emergency.
  (g) Persons traveling under commuter, party or excursion
passenger tickets, if available to all persons applying under
like circumstances or conditions.
  (h) Persons traveling under an exchange of passes between
for-hire carriers.
  (6) Vehicles being used to transport plants, artificial and
natural flowers and accompanying florist accessories in movements
originating at retail shops.
  (7) Any vehicle used by a person licensed under ORS 508.235
while the person is transporting the person's own, unsold catch
of fish from the point of landing to the first point where fish
from the catch will be sold, placed in storage or processed in
any way.
  (8) Vehicles owned or operated by truck leasing companies
operated empty over the public highways for the purpose of
relocation of equipment. This exemption does not apply to motor



Enrolled House Bill 3344 (HB 3344-B)                      Page 14



vehicles operated empty as a result of or for the purpose of
transporting passengers or property.
  SECTION 21. ORS 825.022, as amended by section 63, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.022. The provisions of ORS 825.104, 825.160,
825.450 { + , + }
  { - and - }  825.454 { + , 825.470, 825.472, 825.474, 825.476,
825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and
825.515 + } do not apply to any vehicle or combination of
vehicles with a combined weight of 26,000 pounds or less.
  SECTION 22. ORS 825.137, as amended by section 64, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.137. (1) Certificates and permits when issued shall be
valid until suspended or revoked when the carrier is found by the
Department of Transportation to be in violation of this chapter
or ORS chapter 818. A variance permit issued under ORS chapter
818 shall be valid for the length of time for which it is issued
unless prior to that time the permit is suspended or revoked by
the Department of Transportation for violation of this chapter or
ORS chapter 818.
  (2) Certificates or permits, or variance permits issued
pursuant to ORS chapter 818 may be suspended or canceled by the
department based upon the department's own motion after notice
and hearing, when the certificate or permit holder:
  (a) Or agents or employees of the holder have repeatedly
violated this chapter or other highway or motor laws of this
state. In applying this paragraph the department may consider
violations by agents or employees of the holder that occurred
prior to the time they became agents or employees of the holder,
but only if the agent or employee has a substantial interest or
control, directly or indirectly, in or over the operation of the
holder.
  (b) Has repeatedly violated or avoided any order or rule of the
department.
  (c) Is a transporter of persons or household goods and has
repeatedly made unlawful rebates or repeatedly underestimated
transportation charges to clients.
  (d) Has repeatedly refused or has repeatedly failed, after
being requested to do so, to furnish service authorized by
certificate. The department in such cases may also, in the
discretion of the department, restrict the certificate to conform
with operations conducted.
  (e) Has not, except for reasons beyond the control of the
holder, transported persons or household goods authorized by the
certificate for a period exceeding 180 consecutive days
immediately preceding the filing of the complaint in the
proceeding. The department in these cases may also, in the
discretion of the department, restrict the certificate to conform
with operations performed that were required by the public
convenience and necessity.
  (f) Has not, except for reasons beyond the control of the
holder, transported property or persons authorized by the permit
for a period exceeding one year immediately preceding the filing
of the complaint in the proceeding.
  (g) Has refused, or has failed, within the time provided, to
file the annual report required by ORS 825.320 or has failed or
refused to maintain records required by the department or to
produce such records for examination within the time set by the
department.



Enrolled House Bill 3344 (HB 3344-B)                      Page 15



  (h) Has failed to appear for hearing after notice that the
certificate or permit is under investigation.
  (i) Has filed with the department an application which is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
  (3) The department shall not suspend or revoke a certificate or
permit of a vehicle or person described in ORS 825.020 unless the
person or vehicle is in violation of this section and ORS
825.139, 825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1)
and (3),  { + 825.212, + } 825.450 { + , + }   { - or - }
825.454 { + , 825.470, 825.472, 825.474, 825.476, 825.480,
825.484, 825.488, 825.490, 825.492, 825.494, 825.496, 825.498,
825.504, 825.506, 825.507, 825.508 or 825.515 + }.
  SECTION 23. ORS 825.139, as amended by section 65, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.139. (1) A certificate or permit is subject to suspension
or cancellation, if the holder thereof:
  (a) Is delinquent in reporting or paying any fees, taxes or
penalties due the Department of Transportation, whether imposed
under this chapter  { + or + }  { - , - }  under ORS chapter 826
 { - or under sections 1 to 41 of this 1999 Act - } ;
 { - or - }
   { +  (b) Has refused or failed, within the time provided, to
file a deposit or bond requested under ORS 825.506; or + }
   { +  (c) + }   { - (b) - }  Fails to comply with the
applicable requirements for attendance at a motor carrier
education program as required by ORS 825.402.
  (2) A written 10-day notice of suspension shall be given to the
certificate or permit holder and unless a hearing is requested
within such time, the certificate or permit shall be deemed
suspended without further notice or hearing until the report,
payment, bond or deposit is filed with the department or the
requirements of ORS 825.402 are met.
  (3) Upon a written 10-day notice by the department, a
certificate or permit may be suspended or canceled for any of the
reasons set forth in subsection (1) of this section. If the
certificate or permit is suspended, the filing of the report,
payment, bond or deposit, or the fulfilling of the requirements
of ORS 825.402 will not reinstate the authority until the
suspension period has expired, except on order of the department.
  SECTION 24. ORS 825.232, as amended by section 66, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.232. (1) The Department of Transportation shall, by general
order or otherwise, prescribe and enforce rules in conformity
with this chapter to better accomplish the enforcement of its
provisions, which shall cover and include for-hire carriers and
private carriers and their operations.
  (2) The department may make such subdivisions of the carriers,
as classified in this chapter, as in the opinion of the
department may work to the efficient administration of this
chapter and shall do all things necessary to carry out and
enforce its provisions.
  (3) All rules made by the department pursuant to this chapter
and filed in the office of the department have the force and
effect of law.
  (4) This section does not restrict the powers of the county
courts or boards of county commissioners under existing laws and
amendments thereof.
  (5) Without restricting the general powers conferred upon the
department to prescribe and enforce rules, the department is


Enrolled House Bill 3344 (HB 3344-B)                      Page 16



vested with special authority with respect to the matters listed
in ORS 825.204 { + , + }   { - and - }  825.210  { + and
825.212 + }.
  SECTION 25. ORS 825.354, as amended by section 67, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.354. The Department of Transportation may appoint agents
 { +  to issue temporary passes provided in ORS 825.470 (2)
and + } to collect any fees and taxes required by this chapter.
The department shall prescribe the duties and compensation of
such agents and may require them to give bonds or irrevocable
letters of credit issued by an insured institution, as defined in
ORS 706.008, in such amount as the department determines
appropriate, conditioned upon the faithful performance of their
duties.
  SECTION 26. ORS 825.450, as amended by section 68, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.450. (1) Except as otherwise permitted under ORS 825.454
 { +  and 825.470 + }, the Department of Transportation shall,
with respect to each self-propelled or motor-driven vehicle that
is not issued an identification device under ORS chapter 826,
issue an identification plate or marker. The department shall
also issue a receipt stating therein 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 shall be paid to the department for each replacement weight
receipt issued.
  (3) The identification plate or marker must be fastened or
placed on the motor vehicle to which it is issued in a manner
prescribed by the department by rule.
  (4) Identification plates or markers 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.
  (5) All vehicles operating under the carrier's authority shall
have the same four-quarter period of plate or marker validity.
The department may allow a carrier to operate with expired plates
or markers for up to one extra quarter if the renewal application
has been submitted and the required fees have been paid on or
before the last day of the period of validity of the plates or
markers. 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 27. ORS 826.005, as amended by section 69, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  826.005. (1) The Department of Transportation may enter into
agreements with the duly authorized representatives of any
jurisdiction that issues registration to establish reciprocal
privileges or registration exemptions for vehicles as described
in this section. An agreement entered into by the department
under the authority granted by this section may establish
exemptions from proportional registration fees.



Enrolled House Bill 3344 (HB 3344-B)                      Page 17



  (2) An agreement shall only grant the privileges, benefits and
exemptions to a vehicle or the registrant of a vehicle if the
vehicle is any of the following:
  (a) Registered in the jurisdiction where the person registering
the vehicle has a legal residence.
  (b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph, the vehicle must be
assigned to the place of business and the place of business must
be the place from which or in which the vehicle is most
frequently dispatched, garaged, serviced, maintained, operated or
otherwise controlled.
  (c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
  (3) An agreement shall retain the right of the department to
make the final determination as to the proper place of
registration of a vehicle when there is a dispute or doubt
concerning the proper place of registration. An agreement shall
retain the right of the department to confer with the departments
of other jurisdictions affected when making a determination under
this subsection.
  (4) An agreement shall not provide for any benefit, exemption
or privilege with respect to fuel taxes, use fuel taxes,
 { - diesel fuel taxes, - }  weight mile taxes or any other fees
or taxes levied or assessed against the use of highways or use or
ownership of vehicles except registration taxes, fees and
requirements.
  (5) An agreement must provide that any vehicle registered in
this state will receive a similar kind or degree of exemptions,
benefits and privileges when operated in another jurisdiction
that is party to the agreement as vehicles registered in the
other jurisdiction receive when operated in this state.
  (6) An agreement, in the judgment of the department, shall be
in the best interest of this state and its citizens, shall be
fair and equitable to this state and its citizens and shall be
determined on the basis and recognition of benefits that accrue
to the economy of this state from the uninterrupted flow of
commerce.
  (7) An agreement may authorize a vehicle that would otherwise
be required to be registered in one jurisdiction to be registered
in another jurisdiction without losing any benefit, exemption or
privilege under the agreement if the vehicle is operated from a
base located in the other jurisdiction.
  (8) An agreement may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease, to receive
benefits, exemptions and privileges under the agreement.
  (9) An agreement may authorize the department to suspend or
cancel any exceptions, benefits or privileges granted to any
person under the agreement if the person violates any of the
terms or conditions of the agreement or violates any law or rule
of this state relating to vehicles.
  (10) All agreements shall be in writing and filed with the
department within 10 days after execution or the effective date
of the agreement, whichever is later.
  (11) An agreement may be a limited type agreement with any
state bordering this state as described in this subsection. An
agreement described under this subsection is subject to all of
the following:



Enrolled House Bill 3344 (HB 3344-B)                      Page 18



  (a) The benefits, exemptions and privileges under the agreement
shall only be extended to vehicles or a class of vehicles as
specified in the agreement.
  (b) The agreement shall be applicable only within an area in
each state that is situated along the boundary between the states
and that is substantially equal in size.
  (c) The usage permitted of the vehicles in the two areas shall
be as substantially equal as may be practicable.
  (d) The areas and usage subject to the agreement shall be
described in the agreement.
  (e) Proportional registration shall not be required under the
agreement.
  (f) The agreement shall comply with other mandatory provisions
of this section and may contain any other provisions described
under this section.
  (g) A vehicle operating under the agreement may be required to
obtain a permit under ORS 803.610.
  (12) An agreement may require the display or submission of
evidence of registration for any vehicle operating under the
agreement.
  SECTION 28. ORS 826.007, as amended by section 70, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  826.007. The Department of Transportation may enter into
agreements with the duly authorized representatives of any
jurisdiction that issues out-of-state registration to provide for
proportional registration of vehicles and for the apportionment
of registration fees and other fixed fees and taxes on vehicles
proportionally registered in this state and the other
jurisdiction. All of the following apply to an agreement
established under authority granted by this section:
  (1) An agreement may provide proportional registration only for
commercial vehicles that are engaged in interjurisdictional
commerce or combined interjurisdictional and intrajurisdictional
commerce.
  (2) An agreement may provide for proportional registration for
vehicles individually or in fleets but must comply with the
requirements for proportional registration under ORS 826.009 for
all proportionally registered vehicles and with the requirements
under ORS 826.011 for all proportionally registered fleets.
  (3) An agreement may include provisions necessary to facilitate
the administration of proportional registration.
  (4) Any apportionment of registration fees and other fixed
vehicle fees or taxes may be made on a basis commensurate with
and determined on the miles traveled on and use made of the
highways of this state as compared with the miles traveled on and
use made of other jurisdictions' highways, or may be made on any
other equitable basis of apportionment.
  (5) No agreement shall contain any provision that requires a
vehicle to be proportionally registered if the vehicle is:
  (a) Registered by this state;
  (b) Operating in this state under any vehicle permit that
allows operation of an unregistered vehicle; or
  (c) Legally operated in this state under an exemption provided
under ORS 803.305.
  (6) Nothing in an agreement shall affect the right of the
department to adopt rules as described in this subsection. The
department may adopt any rules the department deems necessary to
effectuate and administer the provisions of the agreement.
  (7) An agreement shall only provide for proportional
registration of vehicles if the vehicle is any of the following:


Enrolled House Bill 3344 (HB 3344-B)                      Page 19



  (a) Registered in the jurisdiction where the person registering
the vehicle has a legal residence.
  (b) Registered in a jurisdiction where the commercial
enterprise in which the vehicle is used has a place of business
where the vehicle has been assigned and from which or in which
the vehicle is most frequently dispatched, garaged, serviced,
maintained, operated or otherwise controlled.
  (c) Registered in a jurisdiction where the vehicle has been
registered because of an agreement between two jurisdictions or a
declaration issued by any jurisdiction.
  (8) An agreement shall retain the right of the department to
make the final determination as to the proper place of
registration of a vehicle when there is a dispute or doubt
concerning the proper place of registration. An agreement shall
retain the right of the department to confer with the departments
of other jurisdictions affected when making a determination under
this subsection.
  (9) An agreement may provide that the department may deny any
person further benefits under the agreement until all fees or
taxes have been paid if the department determines that the person
should have proportionally registered more vehicles in this state
or paid additional fees or taxes on vehicles proportionally
registered in this state.
  (10) An agreement may provide for arrangements with agencies of
this state or other jurisdictions for joint audits of registrants
of proportionally registered vehicles and for the exchange of
audit information on persons who have proportionally registered
vehicles.
  (11) An agreement may authorize a vehicle that would otherwise
be required to be registered in one jurisdiction to be registered
in another jurisdiction without losing any benefits under the
agreement if the vehicle is operated from a base located in the
other jurisdiction.
  (12) An agreement may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease, to receive
benefits of proportional registration under the agreement.
  (13) An agreement may authorize the department to suspend or
cancel any benefits under the agreement if the person violates
any of the terms or conditions of the agreement or violates any
law or rule of this state relating to vehicles.
  (14) All agreements shall be in writing and shall be filed with
the department within 10 days after execution or the effective
date of the agreement, whichever is later.
  (15) Vehicles that are proportionally registered under an
agreement, whether individually or in a fleet, are fully
registered in this state for purposes of ORS 803.300 and any
other portion of the vehicle code and are accorded the same
privileges and duties as other vehicles registered in this state
even though the vehicle may have primary registration in some
other jurisdiction. This subsection does not grant authority
required for intrastate movement where such authority is required
under ORS chapter 825. Such authority must be granted in
accordance with ORS chapter 825.
  (16) An agreement may only provide the benefits of proportional
registration to a vehicle that is registered either
proportionally or otherwise in at least one other jurisdiction in
addition to this one.
  (17) Nothing in an agreement shall affect the right of the
department to act under this subsection. The department may
refuse to issue proportional registration in this state for


Enrolled House Bill 3344 (HB 3344-B)                      Page 20



vehicles from jurisdictions that do not grant similar privileges
for vehicles from this state.
  (18) An agreement shall not provide for any benefit, exemption
or privilege with respect to fuel taxes, use fuel taxes,
  { - diesel fuel taxes, - }  weight mile taxes or any other fees
or taxes levied or assessed against the use of highways or use or
ownership of vehicles except registration taxes, fees and
requirements.
  (19) An agreement may control the requirements for type, manner
of display, number and other provisions relating to registration
plates, registration cards or other proof of registration for
vehicles that are subject to the agreement.
  SECTION 29. ORS 826.031, as amended by section 71, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  826.031. (1)   { - A motor carrier as defined in ORS 825.005
that is - }  The owner of a vehicle that  { + is subject to the
tax imposed under ORS 825.474 + }   { - weighs 26,001 pounds or
more - }  and that is not registered under the proportional
registration provisions of this chapter and is not registered in
any other jurisdiction shall register the vehicle with the
Department of Transportation if the vehicle is to be operated in
this state. Registration under this section is in lieu of
registration under ORS chapter 803.
  (2) The department shall determine the form of application for
registration and renewal of registration and may require any
information that it determines necessary to facilitate the
registration process.
  (3) A vehicle registered under this section is subject to the
insurance requirements of ORS 825.160 and not to the financial
responsibility requirements of ORS chapter 806. Certification of
compliance with financial responsibility requirements as
specified in ORS 803.460 is not required for renewal of
registration of a vehicle under this section.
  (4) A vehicle registered under this section shall be deemed to
be fully registered in this state for any type of movement or
operation, except that in those instances in which a grant of
authority is required for intrastate movement or operation, no
such vehicle shall be operated in intrastate commerce in this
state unless the owner thereof has been granted intrastate
authority or right by the department and unless the vehicle is
being operated in conformity with such authority and rights.
  (5) A vehicle may be registered under this section prior to a
certificate of title being issued for the vehicle but nothing in
this section affects any requirement that a certificate of title
be issued.
  SECTION 30. ORS 825.500, as amended by section 75, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.500. (1) Interest and penalties for delinquent payments of
road use assessment fees payable pursuant to the provisions of
ORS 818.225 and of single-trip nondivisible load permits shall be
calculated in the same manner that interest and penalties are
calculated   { - for registration fees - }  under  { + ORS
825.490 and 825.494 + }
  { - section 73 of this 1999 Act - } .
  (2) An audit conducted by the Department of Transportation
pursuant to its authority under this chapter may include an
examination of records of the carrier pertaining to the road use
assessment fee imposed under ORS 818.225. If the audit shows that
movement by a carrier exceeds the mileage authorized by a
single-trip nondivisible load permit, the department shall


Enrolled House Bill 3344 (HB 3344-B)                      Page 21



determine the amount of the road use assessment fee that is due.
The department shall collect the amount due and may impose any
penalties or additional assessments authorized by this chapter
for delinquent payment of taxes.
  SECTION 31. ORS 825.504, as amended by section 76, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.504. (1) If any tax, or fee in lieu of tax, reported due,
or any final assessment made by the Department of Transportation
under  { + ORS 825.490, 825.494 and 825.496 + }   { - section 73
or 74 of this 1999 Act - } , including any penalties or charges
therein imposed, or any final penalty imposed under ORS 825.950,
825.955 or 825.960, is not paid in full, the department may issue
a warrant under the department's official seal directed to the
sheriff of any county of the state commanding the sheriff to levy
upon and sell the real and personal property of the taxpayer
found within that county, for payment of the amount thereof, with
the added penalties or charges, interest and the cost of
executing the warrant, and to return such warrant to the
department and pay to the department the money collected by
virtue thereof by a time to be specified therein, not less than
60 days from the date of the warrant.
  (2) The sheriff shall, within five days after the receipt of
the warrant, record with the clerk of the county a copy thereof,
and thereupon the clerk shall enter in the County Clerk Lien
Record the name of the taxpayer mentioned in the warrant, and the
amount of the tax or portion thereof and penalties or charges for
which the warrant is issued and the date when such copy is
recorded. Thereupon the amount of the warrant so recorded shall
become a lien upon the title to and interest in property of the
taxpayer against whom it is issued in the same manner as a
judgment duly docketed.
  (3) The sheriff thereupon shall proceed upon the same in all
respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability.
  (4) In the discretion of the Department of Transportation, a
warrant of like terms, force and effect to levy upon funds of the
taxpayer in possession of the Department of Revenue may be issued
and directed to any agent authorized by the Department of
Transportation to collect taxes payable under this chapter, and
in the execution thereof the agent shall have all of the powers
conferred by law upon sheriffs but is entitled to no fee or
compensation in excess of actual expenses paid in the performance
of such duty.
  (5) The procedures authorized by this section may also be used
for collection of any fees and penalties imposed on persons
registering vehicles under ORS chapter 826.
  SECTION 32. ORS 825.515, as amended by section 77, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.515.  { + (1) + } Every  { + for-hire carrier and
private + }   { - motor - } carrier shall keep daily
records { + , upon forms prescribed by the Department of
Transportation, + } of all vehicles used  { + during the current
month + }.
   { +  (2) On or before the last day of the month following,
except as otherwise permitted under ORS 825.492, they shall
certify to the department, upon forms prescribed therefor, the
true and correct summaries of their daily records which shall


Enrolled House Bill 3344 (HB 3344-B)                      Page 22



show the extreme miles traveled in this state during the
preceding month, the amount of fuel tax paid to the state during
the preceding month, and such other information as the department
may require. + }
   { +  (3) + } The daily records shall be kept on file in the
office of the   { - motor - }  carrier and thereafter preserved
 { + until written permission for their destruction is given by
the department + }   { - for four years - } .
  SECTION 33. ORS 825.517, as amended by section 78, chapter __,
Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:
  825.517. (1) The following are not public records unless the
public interest requires disclosure in the particular instance:
  (a) Reports from motor carriers required to be filed with the
Department of Transportation in connection with the imposition or
collection of any tax   { - or fee - } .
  (b) Information collected by the department from a motor
carrier for the purpose of conducting a tax   { - or fee - }
audit.
  (2) A motor carrier to whom the information pertains, or a
person who has written permission from the carrier, may inspect
information described in subsection (1) of this section.
  (3) The department, upon request or as required by law, shall
disclose information from the records described in subsection (1)
of this section to a government agency for use in carrying out
its governmental functions.
  SECTION 34. ORS 803.420, as amended by sections 45, 45a and
102, chapter __, Oregon Laws 1999 (Enrolled House Bill 2082), 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 ensure 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. The
fees described in this section are for an entire registration
period for the vehicle as described under ORS 803.415, unless the
vehicle is registered quarterly. 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, $40.
  (2) Mopeds, $9.
  (3) Motorcycles, $9.
  (4) Government-owned vehicles registered under ORS 805.040, $2.
  (5) State-owned vehicles registered under ORS 805.045, $2 on
registration or renewal.
  (6) Undercover vehicles registered under ORS 805.060, $2 on
registration or renewal.
  (7) Antique vehicles registered under ORS 805.010, $30.
  (8) Vehicles of special interest registered under ORS 805.020,
$45.


Enrolled House Bill 3344 (HB 3344-B)                      Page 23



  (9) Electric vehicles as follows:
  (a) The registration fee for an electric vehicle not otherwise
described in this subsection is $60.
  (b) The registration fee for electric vehicles that have two or
three wheels is $30. This paragraph does not apply to electric
mopeds. Electric mopeds are subject to the same registration fee
as otherwise provided for mopeds under this section.
  (c) The registration fees for the following electric 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)  { - (a) Except as otherwise provided in this
subsection, - } 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_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

                  { -
FiVariable       Total
  Weight in PoundsFee   Fee - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { -
8,0or less  $    20           $    20
8,001 t10,000       80                 80
10,001t12,000      135                135
12,001t14,000      160                160
14,001t16,000      230                230
16,001t18,000      230                230
18,001t20,000      230                230
20,001t22,000      230                230
22,001t24,000      230                230
24,001t26,000      230                230
26,001t28,000      245   $1,590     1,835
28,001t30,000      255    1,656     1,911
30,001t32,000      276    1,789     2,065
32,001t34,000      286    1,855     2,141
34,001t36,000      306    1,988     2,294
36,001t38,000      316    2,054     2,370
38,001t40,000      337    2,186     2,523
40,001t42,000      347    2,253     2,600
42,001t44,000      367    2,385     2,752
44,001t46,000      377    2,451     2,828
46,001t48,000      388    2,518     2,906
48,001t50,000      408    2,650     3,058


Enrolled House Bill 3344 (HB 3344-B)                      Page 24



50,001t52,000      428    2,783     3,211
52,001t54,000      439    2,849     3,288
54,001t56,000      449    2,915     3,364
56,001t58,000      469    3,048     3,517
58,001t60,000      490    3,180     3,670
60,001t62,000      510    3,313     3,823
62,001t64,000      530    3,445     3,975
64,001t66,000      541    3,511     4,052
66,001t68,000      561    3,644     4,205
68,001t70,000      571    3,710     4,281
70,001t72,000      591    3,843     4,434
72,001t74,000      602    3,909     4,511
74,001t76,000      622    4,041     4,663
76,001t78,000      632    4,108     4,740
78,001t80,000      653    4,240     4,893
80,001t82,000      663    4,306     4,969
82,001t84,000      683    4,439     5,122
84,001t86,000      693    4,505     5,198
86,001t88,000      714    4,638     5,352
88,001t90,000      724    4,704     5,428
90,001t92,000      744    4,836     5,580
92,001t94,000      754    4,903     5,657
94,001t96,000      775    5,035     5,810
96,001t98,000      785    5,101     5,886
98,001100,000      795    5,168     5,963
100,00102,000      816    5,300     6,116
102,00104,000      826    5,366     6,192
104,00105,500      846    5,499 6,345 - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
  _____________________________________________________________ |
_________________________________________________________________

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

   { +
WeFeet+i} Pounds

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { +
8,0or less  $    20
8,001 t10,000       75
10,001t12,000      135
12,001t14,000      160
14,001t16,000      230
16,001t18,000      230
18,001t20,000      230
20,001t22,000      230
22,001t24,000      230
24,001t26,000      230
26,001t28,000      120
28,001t30,000      125


Enrolled House Bill 3344 (HB 3344-B)                      Page 25



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
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) Concrete mixers and motor vehicles described in
paragraph (a) of this subsection that primarily carry logs,
poles, pilings, sand or gravel, the fixed fee determined under
paragraph (a) of this subsection, plus a variable fee of
$1,250. - }
    { - (c) Motor vehicles described in paragraph (a) of this
subsection that are used for transporting garbage or recyclables,
the fixed fee determined under paragraph (a) of this subsection,
plus a variable fee of $590. - }
    { - (d) Motor vehicles described in paragraph (a) of this
subsection that weigh at least 26,001 pounds and not more than
60,000 pounds, that traveled less than 30,000 miles in the year
immediately preceding the year for which they are being
registered and that are not otherwise described in paragraphs (b)
to (g) of this subsection, the fixed fee determined under
paragraph (a) of this subsection. - }
    { - (e) Motor vehicles described in paragraph (a) of this
subsection that weigh at least 26,001 pounds and that traveled


Enrolled House Bill 3344 (HB 3344-B)                      Page 26



less than 5,000 miles in the year immediately preceding the year
for which they are being registered, the fixed fee determined
under paragraph (a) of this subsection. - }
    { - (f) Motor vehicles described in paragraph (a) of this
subsection that are exclusively owned and operated by
investor-owned utilities, the fixed fee determined under
paragraph (a) of this subsection. - }
    { - (g) Motor vehicles that weigh at least 60,001 pounds and
that are used exclusively in conjunction with the installation of
heavy machinery, the fixed fee determined under paragraph (a) of
this subsection. - }
  (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
 { - or that are registered by an individual or business whose
principal activity involves waterworks construction and who is
licensed under ORS 479.630 (13) or 537.747 - } , as provided in
the following chart:
_________________________________________________________________

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  Weight in Pounds  Fee

____NOTE_TO_GOPHER_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


Enrolled House Bill 3344 (HB 3344-B)                      Page 27



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
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)   { - or that the person meets the criteria in
paragraph (a) of this subsection for registration of a vehicle by
a person or business involved in waterworks construction - } .
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,
 { - $30 - }  { +  $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.
  (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.
  (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.



Enrolled House Bill 3344 (HB 3344-B)                      Page 28



  (b) For travel trailers or campers over 10 feet in length, $54
plus $4.50 a foot for each foot of length over the first 10 feet.
  (c) For motor homes over 10 feet in length, $84 plus $5 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.
  (b) For special use trailers over 10 feet in length, $30 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,
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_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  Weight in Pounds  Fee

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

8,000 or less     $ 20
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


Enrolled House Bill 3344 (HB 3344-B)                      Page 29



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
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.
  SECTION 35. ORS 366.524, as amended by sections 98 and 98a,
chapter __, Oregon Laws 1999 (Enrolled House Bill 2082), is
amended to read:
  366.524. The taxes collected under ORS 319.020, 319.530,
803.420, 818.225 { + , 825.476 and 825.480 + }   { - and section
2 of this 1999 Act - }  shall be allocated as provided in
subsections (1) to (4) of this section:
  (1) 82.2324 percent shall be allocated 24.38 percent to
counties under ORS 366.525 and 15.57 percent to cities under ORS
366.800.
  (2) 8.1898 percent shall be allocated as follows:
  (a) $3 million shall be transferred to the Eastern Oregon
Federal Forest Safety Net Account established by section 103
 { - of this 1999 Act - }  { + , chapter __, Oregon Laws 1999
(Enrolled House Bill 2082), + } and $3 million shall be
transferred to the Disaster Relief Account established by section



Enrolled House Bill 3344 (HB 3344-B)                      Page 30



108a   { - of this 1999 Act - }  { + , chapter __, Oregon Laws
1999 (Enrolled House Bill 2082) + }.
  (b) $1 million shall be transferred to the account established
under ORS 366.805.
  (c) $750,000 shall be transferred to the account established
under ORS 366.541.
  (d) The remainder shall be allocated 60 percent to counties
under ORS 366.525 and 40 percent to cities under ORS 366.800.
  (3) 6.4770 percent shall be allocated to state highway
programs, including payment of the principal and interest on the
bonds described in ORS 367.625.
  (4) 3.1008 percent shall be allocated to the Department of
Transportation for modernization, maintenance and preservation.
  SECTION 36. ORS 825.476 is amended to read:
  825.476.
  _____________________________________________________________ |
                               { -
MILEAGE TAX RATE TABLE 'A' - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

    { -
FeelRatesC-m}ined

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  { -
PergMileroups
(Pounds)                  (Mills) - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { -
26to028,000             41.5
28,030,000              44.0
30,032,000              46.0
32,034,000              48.0
34,036,000              50.0
36,038,000              52.5
38,040,000              54.5
40,042,000              56.5
42,044,000              58.5
44,046,000              60.5
46,048,000              62.5
48,050,000              64.5
50,052,000              67.0
52,054,000              69.5
54,056,000              72.0
56,058,000              75.0
58,060,000              78.5
60,062,000              82.5


Enrolled House Bill 3344 (HB 3344-B)                      Page 31



62,064,000              87.0
64,066,000              92.0
66,068,000              98.5
68,070,000             105.5
70,072,000             112.5
72,074,000             119.0
74,076,000             125.0
76,078,000             131.0
78,080,000         136.5 - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
  _____________________________________________________________ |

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

                               { -
AXLE-WEIGHT MILEAGE - }
                               { -
TAX RATE TABLE 'B' - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { -
Declared CNumberdof Axles - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { -
Weight Groups  5  6  7  8  9 or - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

    { -
(P(Mills)       more - }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { -
80to082141.0 129.120114108.0
82,00t84,000 145.131122116.109.5
84,00t86,000 150.134124117.111.0
86,00t88,000 155.137126119.112.5
88,00t90,000 161.140128121.114.5
90,00t92,000 168.144130123.116.5


Enrolled House Bill 3344 (HB 3344-B)                      Page 32



92,00t94,000 175.148132125.118.0
94,00t96,000 183.153135127.120.0
96,00t98,000 192.158138129.122.0
98,00100,000     164141132.124.0
100,0102,000        144135.126.0
102,0104,000        147138.128.5
104,0105,500        151141.131.0 - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
  _____________________________________________________________ |
_________________________________________________________________
                               { +
MILEAGE TAX RATE TABLE 'A' + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

    { +
FeelRatesC+m}ined

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  { +
PergMileroups
(Pounds)                  (Mills) + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { +
26to028,000             36.4
28,030,000              38.6
30,032,000              40.3
32,034,000              42.1
34,036,000              43.8
36,038,000              46.0
38,040,000              47.8
40,042,000              49.5
42,044,000              51.3
44,046,000              53.0
46,048,000              54.8
48,050,000              56.6
50,052,000              58.7
52,054,000              60.9
54,056,000              63.1
56,058,000              65.8
58,060,000              68.8
60,062,000              72.3
62,064,000              76.3
64,066,000              80.7
66,068,000              86.4
68,070,000              92.5


Enrolled House Bill 3344 (HB 3344-B)                      Page 33



70,072,000              98.6
72,074,000             104.3
74,076,000             109.6
76,078,000             114.9
78,080,000         119.7 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

                               { +
AXLE-WEIGHT MILEAGE + }
                               { +
TAX RATE TABLE 'B' + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { +
Declared CNumberdof Axles + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { +
Weight Groups  5  6  7  8  9 or + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

    { +
(P(Mills)       more + }

____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

 { +
80to082123.6 113.105100.94.7
82,00t84,000 127.114107101.796.0
84,00t86,000 131.117109103.097.3
86,00t88,000 135.120110104.898.6
88,00t90,000 141.123112106.100.4
90,00t92,000 147.126114108.102.2
92,00t94,000 153.130116110.103.5
94,00t96,000 160.134118111.105.2
96,00t98,000 168.139121113.107.0
98,00100,000     144123115.108.7


Enrolled House Bill 3344 (HB 3344-B)                      Page 34



100,0102,000        126118.110.5
102,0104,000        128121.112.7
104,0105,500        132123.114.9 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
  SECTION 37.  { + (1) The amendments to ORS 825.476 by section
36 of this 1999 Act become operative on January 1, 2000, if House
Bill 2082 is not passed by both houses of the Legislative
Assembly or if House Bill 2082 is vetoed by the Governor.
  (2) The amendments to ORS 825.476 by section 36 of this 1999
Act become operative on September 1, 2000, if House Bill 2082 is
referred to the people by petition under section 1 (3)(b),
Article IV of the Oregon Constitution, and is rejected by the
people. + }
  SECTION 38.  { + (1) As part of the cost responsibility study
or examination of data conducted under section 83, chapter ___,
Oregon Laws 1999 (Enrolled House Bill 2082), the Office of
Economic Analysis of the Oregon Department of Administrative
Services shall collect data about the effect that classes of
heavy vehicles have on costs of maintenance, operation and
improvement of highways, roads and streets. The office may
determine what constitutes a class of heavy vehicles for purposes
of the collection of data under this subsection.
  (2) The office shall use the data collected under subsection
(1) of this section as a factor in arriving at recommended
adjustments to the fees paid by different classes of heavy
vehicles under ORS 803.420 (10) that are required by section 83
(2), chapter ___, Oregon Laws 1999 (Enrolled House Bill
2082). + }
  SECTION 39.  { + Section 38 of this 1999 Act becomes operative
on the operative date of section 83, chapter ___, Oregon Laws
1999 (Enrolled House Bill 2082). + }
  SECTION 40. Section 83, chapter ___, Oregon Laws 1999 (Enrolled
House Bill 2082), is amended to read:
   { +  Sec. 83. + } (1) Once every two years, the Office of
Economic Analysis of the Oregon Department of Administrative
Services shall conduct either a full highway cost responsibility
study or an examination of data collected since the previous
study. The purposes of the study or examination of data shall be
to determine the proportionate share that each class of road user
should pay for the costs of maintenance, operation and
improvement of highways, roads and streets in the state, and
whether each class is paying that share. A report on the results
of the study or examination of data shall be submitted to the
legislative revenue committees and the legislative committees
with primary responsibility for transportation by January 31 of
each odd-numbered year.
  (2) The report shall include recommended adjustments to the
fees in ORS 803.420 (10) that are needed in order to maintain
cost responsibility. If the study or examination of data
indicates that the heavy vehicle share has been underpaid since
the last report, the recommended adjustments shall include
recovery of the amount of the underpayment. If the study or
examination of data indicates that the heavy vehicle share has
been overpaid, the recommended adjustments shall include credit
for the amount of the overpayment.
  (3) Based on the report, the Legislative Assembly shall enact
adjustments to the fee schedule in ORS 803.420 (10) if the report


Enrolled House Bill 3344 (HB 3344-B)                      Page 35



indicates that adjustments are necessary to maintain cost
responsibility.   { - If the Legislative Assembly has not enacted
adjustments by June 1 of an odd-numbered year, the Governor is
authorized and directed to order implementation of any fee
adjustments recommended in the report by June 30 of the
odd-numbered year. Fee adjustments ordered by the Governor shall
take effect on January 1 of the next even-numbered year. - }
  (4) For purposes of this section, the two classes of road users
are light vehicles and heavy vehicles. Light vehicles are
vehicles with a gross weight of 26,000 pounds or less, and heavy
vehicles are trucks and other vehicles with a gross weight of
26,001 pounds or more.
  SECTION 41.  { + The amendments to section 83, chapter ___,
Oregon Laws 1999 (Enrolled House Bill 2082), by section 40 of
this 1999 Act become operative on the operative date of section
83, chapter ___, Oregon Laws 1999 (Enrolled House Bill 2082). + }
                         ----------


Passed by House July 23, 1999


      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate July 24, 1999


      ...........................................................
                                              President of Senate





























Enrolled House Bill 3344 (HB 3344-B)                      Page 36





Received by Governor:

......M.,............., 1999

Approved:

......M.,............., 1999


      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 1999


      ...........................................................
                                               Secretary of State









































Enrolled House Bill 3344 (HB 3344-B)                      Page 37