Bill Text: OR HB2278 | 2013 | Regular Session | Introduced

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Bill Title: Relating to studded tires.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2278 Detail]

Download: Oregon-2013-HB2278-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1287

                         House Bill 2278

Sponsored by Representative GREENLICK; Representative DEMBROW,
  Senator STEINER HAYWARD (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Imposes fee on retail sale of studded tires and on installation
of studs in tires. Provides exception.
  Becomes operative May 1, 2014.

                        A BILL FOR AN ACT
Relating to studded tires.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'tire dealer'
means a person engaged in a business, trade, occupation, activity
or enterprise that sells, transfers, exchanges or barters tires
or tire-related products for consideration.
  (2) Except as provided in subsection (3) of this section, in
addition to any other fee imposed by this state, a fee of $10 is
imposed on the retail sale of each new tire with studs and on the
installation of studs in a tire. The fee is imposed on a tire
dealer at the time the dealer sells a tire with studs or installs
studs in a tire for the ultimate consumer.
  (3) Subsection (2) of this section does not apply to
retractable studded tires as described in ORS 815.045.
  (4) On or before the last day of January, April, July and
October, a tire dealer shall file a return with the Department of
Revenue in such form and containing such information as the
department prescribes by rule and shall pay to the department the
fee imposed by subsection (2) of this section for the preceding
calendar quarter.
  (5) At the written request of a tire dealer, the department may
extend the time for filing a return and paying fees under this
section. An extension granted under this subsection shall be for
a period not to exceed one month and may be granted at any time
if the request is filed with the department prior to the deadline
for filing the return. When an extension is granted, interest at
the rate established under ORS 305.220 shall be added and paid
for each month, or fraction of a month, that the payment is late.
  (6) The department shall adopt rules prescribing penalties and
interest for the late payment of fees for which the department
has not granted an extension.
  (7) The amount paid to the department by a tire dealer per
quarter, as described in subsection (4) of this section, shall be
reduced by five percent of the total amount owed by the dealer to

compensate the dealer for expenses incurred in collecting and
remitting the fee.
  (8) From the time liability is incurred and until paid, the
fees, penalties and interest imposed by this section shall be a
personal debt owed by the tire dealer to the State of Oregon. + }
  SECTION 2.  { + After the payment of expenses of the Department
of Revenue for administration and collection of the studded tire
fee imposed under section 1 of this 2013 Act, the department
shall transfer the moneys collected under section 1 of this 2013
Act to the State Treasurer in accordance with ORS 366.510 for
deposit in the State Highway Fund. Moneys deposited under this
section shall be used for repair of damage caused by tires with
studs to state, county and city highways, roads and streets. + }
  SECTION 3.  { + Sections 1 and 2 of this 2013 Act become
operative on May 1, 2014. + }
  SECTION 4.  { + The Department of Revenue and the Department of
Transportation may take any action before the operative date
specified in section 3 of this 2013 Act that is necessary to
enable the departments to exercise, on and after the operative
date specified in section 3 of this 2013 Act, all the duties,
functions and powers conferred on the departments by sections 1
and 2 of this 2013 Act. + }
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