Bill Text: OR SB810 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to transportation; prescribing an effective date.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2013-08-21 - Effective date, October 7, 2013. [SB810 Detail]
Download: Oregon-2013-SB810-Engrossed.html
Bill Title: Relating to transportation; prescribing an effective date.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2013-08-21 - Effective date, October 7, 2013. [SB810 Detail]
Download: Oregon-2013-SB810-Engrossed.html
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 3802
A-Engrossed
Senate Bill 810
Ordered by the Senate April 26
Including Senate Amendments dated April 26
Sponsored by Senator HANSELL; Senators BEYER, CLOSE, GEORGE,
JOHNSON, KNOPP, KRUSE, MONROE, STARR, THOMSEN, WHITSETT,
WINTERS
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.
{ - Directs Department of Transportation to conduct
interchange management study as part of redevelopment of Umatilla
Chemical Depot. - }
{ - Appropriates moneys for interchange management study
conducted by department. Makes appropriation contingent upon
receipt of federal funds. - }
{ - Sunsets study on January 2, 2016. - }
{ - Declares emergency, effective on passage. - }
{ + Creates program whereby registered owner or lessee of
motor vehicle may pay per-mile road usage charge. Requires
application. Becomes operative July 1, 2015.
Permits person paying per-mile road usage charge to apply for
refund of motor vehicle fuel tax.
Permits person paying per-mile road usage charge to apply for
refund for miles driven on private property.
Directs Department of Transportation to establish methods for
reporting vehicle miles traveled.
Provides penalty for making false statements related to payment
and reporting of road usage charge or for collecting, attempting
to collect or receiving refund to which person is not entitled.
Punishes by maximum fine of $2,000.
Creates offense of tampering with vehicle metering system.
Punishes by maximum fine of $2,000.
Requires department to enter into agreements through Oregon
Innovative Partnerships Program to undertake transportation
projects related to operation of road usage charge system.
Authorizes department to enter into agreements with other
United States and Canadian jurisdictions for research and
development of similar pilot programs and sharing of costs.
Provides, for biennium beginning July 1, 2013, that expenditures
by department from funds received from other states, federal
government, Canadian provinces or government of Canada are not
limited.
Takes effect on 91st day following adjournment sine die. + }
A BILL FOR AN ACT
Relating to transportation; creating new provisions; amending ORS
305.410, 319.280, 319.550, 319.665, 319.831, 366.505, 367.802,
367.804 and 367.806; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. { + Sections 2 to 15 of this 2013 Act are added to
and made a part of ORS chapter 319. + }
SECTION 2. { + As used in sections 2 to 15 of this 2013 Act:
(1) 'Highway' has the meaning given that term in ORS 801.305.
(2) 'Lessee' means a person that leases a motor vehicle that is
required to be registered in Oregon.
(3)(a) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(b) 'Motor vehicle' does not mean a motor vehicle designed to
travel with fewer than four wheels in contact with the ground.
(4) 'Registered owner' means a person, other than a vehicle
dealer that holds a certificate issued under ORS 822.020, that is
required to register a motor vehicle in Oregon.
(5) 'Subject vehicle' means a motor vehicle that is the subject
of an application approved pursuant to section 4 of this 2013
Act. + }
{ +
ROAD USAGE CHARGES + }
SECTION 3. { + (1)(a) Except as provided in paragraph (b) of
this subsection, the registered owner of a subject vehicle shall
pay a per-mile road usage charge for metered use by the subject
vehicle of the highways in Oregon.
(b) During the term of a lease, the lessee of a subject vehicle
shall pay the per-mile road usage charge for metered use by the
subject vehicle of the highways in Oregon.
(2) The per-mile road usage charge is 1.5 cents per mile. + }
SECTION 4. { + (1) A person wishing to pay the per-mile road
usage charge imposed under section 3 of this 2013 Act must apply
to the Department of Transportation on a form prescribed by the
department.
(2) The department shall approve a valid and complete
application submitted under this section if:
(a) The applicant is the registered owner or lessee of a motor
vehicle;
(b) The motor vehicle is equipped with a method selected
pursuant to section 6 of this 2013 Act for collecting and
reporting the metered use by the motor vehicle of the highways in
Oregon;
(c) The motor vehicle has a gross vehicle weight rating of
10,000 pounds or less; and
(d) Approval does not cause the number of subject vehicles
active in the road usage charge program on the date of approval
to exceed 5,000.
(3) Approval of an application under this section subjects the
applicant to the requirements of section 10 of this 2013 Act
until the person ends the person's voluntary participation in the
road usage charge program in the manner required under subsection
(4) of this section.
(4) A person may end the person's voluntary participation in
the road usage charge program at any time by notifying the
department, returning the emblem issued under section 15 of this
2013 Act to the department and paying any outstanding amount of
road usage charge for metered use by the person's subject
vehicle. + }
{ +
REVENUE + }
SECTION 5. { + Moneys collected from the road usage charges
imposed under section 3 of this 2013 Act shall be deposited in
the State Highway Fund and allocated for distribution as follows:
(1) 50 percent to the Department of Transportation.
(2) 30 percent to counties for distribution as provided in ORS
366.762.
(3) 20 percent to cities for distribution as provided in ORS
366.800. + }
{ +
ADMINISTRATION + }
SECTION 6. { + (1) As used in this section, 'open system'
means an integrated system based on common standards and an
operating system that has been made public so that components
performing the same function can be readily substituted or
provided by multiple providers.
(2)(a) The Department of Transportation, in consultation with
the Road User Fee Task Force, shall establish the methods for
recording and reporting the number of miles that subject vehicles
travel on highways.
(b) When taking action under this subsection, the department
shall consider:
(A) The accuracy of the data collected;
(B) Privacy options for persons liable for the per-mile road
usage charge;
(C) The security of the technology;
(D) The resistance of the technology to tampering;
(E) The ability to audit compliance; and
(F) Other relevant factors that the department deems important.
(c) The department shall establish at least one method of
collecting and reporting the number of miles traveled by a
subject vehicle that does not use vehicle location technology.
(d)(A) The department shall adopt standards for open system
technology used in methods established under this subsection.
(B) In adopting standards pursuant to this paragraph, the
department shall collaborate with agencies of the executive
department as defined in ORS 174.112 to integrate information
systems currently in use or planned for future use.
(3) The department shall provide the persons liable for the
per-mile road usage charge the opportunity to select a method
from among multiple options for collecting and reporting the
metered use by a subject vehicle of the highways in Oregon. + }
SECTION 7. { + The Department of Transportation shall provide
by rule for the collection of the road usage charges imposed
under section 3 of this 2013 Act, including penalties and
interest imposed on delinquent charges. + }
SECTION 8. { + (1) The Department of Transportation shall
establish by rule reporting periods for the road usage charges
imposed under section 3 of this 2013 Act.
(2) Reporting periods established under this section may vary
according to the facts and circumstances applicable to classes of
registered owners, lessees and subject vehicles.
(3) In establishing reporting periods, the department shall
consider:
(a) The effort required by registered owners or lessees to
report metered use and to pay the per-mile road usage charge;
(b) The amount of the per-mile road usage charge owed;
(c) The cost to the registered owner or lessee of reporting
metered use and of paying the per-mile road usage charge;
(d) The administrative cost to the department; and
(e) Other relevant factors that the department deems
important. + }
SECTION 9. { + (1) As used in this section:
(a) 'Certified service provider' means an entity that has
entered into an agreement with the Department of Transportation
under ORS 367.806 for reporting metered use by a subject vehicle
or for administrative services related to the collection of
per-mile road usage charges and authorized employees of the
entity.
(b) 'Personally identifiable information' means any information
that identifies or describes a person, including, but not limited
to, the person's travel pattern data, per-mile road usage charge
account number, address, telephone number, electronic mail
address, driver license or identification card number,
registration plate number, photograph, recorded images, bank
account information and credit card number.
(c) 'VIN summary report' means a monthly report by the
department or a certified service provider that includes a
summary of all vehicle identification numbers of subject vehicles
and associated total metered use during the month. The report may
not include location information.
(2) Except as provided in subsections (3) and (4) of this
section, personally identifiable information used for reporting
metered use or for administrative services related to the
collection of the per-mile road usage charge imposed under
section 3 of this 2013 Act is confidential within the meaning of
ORS 192.502 (9)(a) and is a public record exempt from disclosure
under ORS 192.410 to 192.505.
(3)(a) The department, a certified service provider or a
contractor for a certified service provider may not disclose
personally identifiable information used or developed for
reporting metered use by a subject vehicle or for administrative
services related to the collection of per-mile road usage charges
to any person except:
(A) The registered owner or lessee;
(B) A financial institution, for the purpose of collecting
per-mile road usage charges owed;
(C) Employees of the department;
(D) A certified service provider;
(E) A contractor for a certified service provider, but only to
the extent the contractor provides services directly related to
the certified service provider's agreement with the department;
(F) An entity expressly approved to receive the information by
the registered owner or lessee of the subject vehicle; or
(G) A police officer pursuant to a valid court order based on
probable cause and issued at the request of a federal, state or
local law enforcement agency in an authorized criminal
investigation involving a person to whom the requested
information pertains.
(b) Disclosure under paragraph (a) of this subsection is
limited to personally identifiable information necessary to the
respective recipient's function under sections 2 to 15 of this
2013 Act.
(4)(a) Not later than 30 days after completion of payment
processing, dispute resolution for a single reporting period or a
noncompliance investigation, whichever is latest, the department
and certified service providers shall destroy records of the
location and daily metered use of subject vehicles.
(b) Notwithstanding paragraph (a) of this subsection:
(A) For purposes of traffic management and research, the
department and certified service providers may retain, aggregate
and use information in the records after removing personally
identifiable information.
(B) A certified service provider may retain the records if the
registered owner or lessee consents to the retention. Consent
under this subparagraph does not entitle the department to obtain
or use the records or the information contained in the records.
(C) Monthly summaries of metered use by subject vehicles may be
retained in VIN summary reports by the department and certified
service providers.
(5) The department, in any agreement with a certified service
provider, shall provide for penalties if the certified service
provider violates this section. + }
SECTION 10. { + (1) On a date determined by the Department of
Transportation under section 8 of this 2013 Act, the registered
owner or lessee of a subject vehicle shall report the metered use
by the subject vehicle, rounded up to the next whole mile, and
pay to the department the per-mile road usage charge due under
section 3 of this 2013 Act for the reporting period.
(2) Unless a registered owner or lessee presents evidence in a
manner approved by the department by rule that the subject
vehicle has been driven outside this state, the department shall
assume that all metered use reported represents miles driven by
the subject vehicle on the highways in Oregon. + }
{ +
REFUNDS AND EXEMPTIONS + }
SECTION 11. { + (1) The Department of Transportation shall
provide a refund to a registered owner or lessee that has
overpaid the per-mile road usage charge imposed under section 3
of this 2013 Act.
(2) The department may provide by rule that the refund under
this section be granted as a credit against future per-mile road
usage charges incurred by the registered owner or lessee. + }
SECTION 12. { + (1) A registered owner or lessee that has paid
the per-mile road usage charge imposed under section 3 of this
2013 Act may apply to the Department of Transportation for a
refund for metered use of a road, thoroughfare or property in
private ownership.
(2) An application for a refund under this section must be
submitted to the department within 15 months after the date on
which the per-mile road usage charge for which a refund is
claimed is paid.
(3) The application required under this section shall be in a
form prescribed by the department by rule and must include a
signed statement by the applicant indicating the number of miles
for which the refund is claimed.
(4) The department may require the applicant for a refund under
this section to furnish any information the department considers
necessary for processing the application. + }
SECTION 13. { + (1) The Department of Transportation may
investigate a refund application submitted under section 12 of
this 2013 Act and gather and compile such information related to
the application as the department considers necessary to
safeguard the state and prevent fraudulent practices in
connection with tax refunds and tax evasion.
(2) The department may, in order to establish the validity of
an application, examine the relevant records of the applicant for
such purposes.
(3) If an applicant does not permit the department to examine
the relevant records, the applicant waives all rights to the
refund to which the application relates. + }
SECTION 14. { + (1) A person may not intentionally make a
false statement in a report or refund application or when
supplying other information required under section 10 or 12 of
this 2013 Act.
(2) A person may not intentionally apply for, receive or
attempt to receive a refund under section 11 or 12 of this 2013
Act to which the person is not entitled.
(3) A person may not intentionally aid or assist another person
to violate any provision of section 10, 11 or 12 of this 2013
Act.
(4) A person who violates any provision of this section commits
a Class A violation. + }
SECTION 15. { + (1) Upon application on a form prescribed by
the Department of Transportation, the department shall issue an
emblem to the registered owner of a subject vehicle to show that
the use of fuel in the subject vehicle is exempt from taxation
under ORS 319.510 to 319.880.
(2) An emblem issued under this section shall be displayed:
(a) In a conspicuous place on the subject vehicle; and
(b) Only upon the subject vehicle with respect to which it is
issued. + }
SECTION 16. ORS 319.550 is amended to read:
319.550. { + (1) Except as provided in this section, + } a
person may not use fuel in a motor vehicle in this state unless
the person holds a valid user's license { + . + } { - , except
that: - }
{ - (1) - } { + (2) + } A nonresident may use fuel in a
motor vehicle not registered in Oregon for a period not exceeding
30 days without obtaining a user's license or the emblem
{ - provided in - } { + issued under + } ORS 319.600, if, for
all fuel used in a motor vehicle in this state, the nonresident
pays to a seller, at the time of the sale, the tax provided in
ORS 319.530.
{ - (2) - } { + (3) + } A user's license is not required
for a person who uses fuel in a motor vehicle with a combined
weight of 26,000 pounds or less if, for all fuel used in a motor
vehicle in this state, the person pays to a seller, at the time
of the sale, the tax provided in ORS 319.530.
{ - (3) - } { + (4)(a) + } A user's license is not required
for a person who uses fuel as described in ORS 319.520 (7) in the
vehicles specified in { - subsection (4) of this section - }
{ + this subsection + } if the person pays to a seller, at the
time of the sale, the tax provided in ORS 319.530.
{ - (4) - } { + (b) + } { - Subsection (3) of this
section - } { + Paragraph (a) of this subsection + } applies to
the following vehicles:
{ - (a) - } { + (A) + } Motor homes as defined in ORS
801.350.
{ - (b) - } { + (B) + } Recreational vehicles as defined in
ORS 446.003.
{ + (5) A user's license is not required for a person who
uses fuel in a motor vehicle:
(a) Metered use by which is subject to the per-mile road usage
charge imposed under section 3 of this 2013 Act; and
(b) That also uses fuels subject to ORS 319.510 to 319.880. + }
SECTION 17. ORS 319.665 is amended to read:
319.665. (1) The seller of fuel for use in a motor vehicle
shall collect the tax provided by ORS 319.530 at the time the
fuel is sold, unless one of the following situations applies:
(a) The vehicle into which the seller delivers or places the
fuel bears a valid permit or user's emblem issued by the
Department of Transportation.
(b) The fuel is dispensed at a nonretail facility, in which
case the seller shall collect any tax owed at the same time the
seller collects the purchase price from the person to whom the
fuel was dispensed at the nonretail facility. A seller is not
required to collect the tax under this paragraph from a person
who certifies to the seller that the use of the fuel is exempt
from the tax imposed under ORS 319.530.
(c) A cardlock card is used for purchase of the fuel at an
attended portion of a retail facility equipped with a cardlock
card reader, in which case the cardlock card issuer licensed in
this state is responsible for collecting and remitting the tax
unless the person making the purchase certifies to the seller
that the use of the fuel is exempt from the tax imposed under ORS
319.530.
{ + (d) Metered use by the vehicle is subject to the per-mile
road usage charge imposed under section 3 of this 2013 Act. + }
(2) If a cardlock card is used for purchase of fuel at an
attended portion of a retail facility equipped with a cardlock
card reader, the seller at the retail facility may deduct fuel
purchases made with a cardlock card from the seller's retail
transactions if the seller provides the department with the
following information:
(a) A monthly statement from a cardlock card issuer that
details the cardlock card purchases at the retail facility; and
(b) A listing of cardlock card issuers and gallons of fuel
purchased at the retail facility by the issuers' customers.
(3) The department shall supply each seller of fuel for use in
a motor vehicle with a chart which sets forth the tax imposed on
given quantities of fuel.
SECTION 18. ORS 319.831 is amended to read:
319.831. (1) If a user obtains fuel for use in a motor vehicle
in this state and pays the use fuel tax on the fuel obtained, the
user may apply for a refund of that part of the use fuel tax paid
which is applicable to use of the fuel to propel a motor vehicle:
(a) In another state, if the user pays to the other state an
additional tax on the same fuel;
(b) Upon any road, thoroughfare or property in private
ownership;
(c) Upon any road, thoroughfare or property, other than a state
highway, county road or city street, for the removal of forest
products, as defined in ORS 321.005, or the products of such
forest products converted to a form other than logs at or near
the harvesting site, or for the construction or maintenance of
the road, thoroughfare or property, pursuant to a written
agreement or permit authorizing the use, construction or
maintenance of the road, thoroughfare or property, with or by:
(A) An agency of the United States;
(B) The State Board of Forestry;
(C) The State Forester; or
(D) A licensee of an agency named in subparagraph (A), (B) or
(C) of this paragraph;
(d) By an agency of the United States or of this state or of
any county, city or port of this state on any road, thoroughfare
or property, other than a state highway, county road or city
street;
(e) By any incorporated city or town of this state;
(f) By any county of this state or by any road assessment
district formed under ORS 371.405 to 371.535;
(g) Upon any county road for the removal of forest products as
defined in ORS 321.005, or the products of such forest products
converted to a form other than logs at or near the harvesting
site, if:
(A) Such use upon the county road is pursuant to a written
agreement entered into with, or to a permit issued by, the State
Board of Forestry, the State Forester or an agency of the United
States, authorizing such user to use such road and requiring such
user to pay for or to perform the construction or maintenance of
the county road;
(B) The board, officer or agency that entered into the
agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the
responsibility for the construction or maintenance of such county
road; and
(C) Copies of the agreements or permits required by
subparagraphs (A) and (B) of this paragraph are filed with the
Department of Transportation;
(h) By a school district or education service district of this
state or the contractors of a school district or education
service district, for those vehicles being used to transport
students;
(i) By a rural fire protection district organized under the
provisions of ORS chapter 478;
(j) By any district, as defined in ORS chapter 198, that is not
otherwise specifically provided for in this section; or
(k) By any state agency, as defined in ORS 240.855.
{ + (L) In metered use subject to the per-mile road usage
charge imposed under section 3 of this 2013 Act if the user has
paid the charge. + }
(2) An application for a refund under subsection (1) of this
section shall be filed with the department within 15 months after
the date the use fuel tax, for which a refund is claimed, is
paid.
(3) The application for a refund provided by subsection (1) of
this section shall include a signed statement by the applicant
indicating the amount of fuel for which a refund is claimed, and
the way in which the fuel was used which qualifies the applicant
for a refund. If the fuel upon which the refund is claimed was
obtained from a seller to whom the use fuel tax was paid, the
application shall be supported by the invoices which cover the
purchase of the fuel. If the applicant paid the use fuel tax
directly to the department, the applicant shall indicate the
source of the fuel and the date it was obtained.
(4) The department may require any person who applies for a
refund provided by subsection (1) of this section to furnish a
statement, under oath, giving the person's occupation,
description of the machines or equipment in which the fuel was
used, the place where used and such other information as the
department may require.
{ + (5) The department may provide by rule that a refund
under subsection (1)(L) of this section be granted as a credit
against future per-mile road usage charges incurred by the
applicant under section 3 of this 2013 Act. + }
SECTION 19. ORS 319.280 is amended to read:
319.280. (1) Any person who has paid any tax on motor vehicle
fuel levied or directed to be paid by ORS 319.010 to 319.430
either directly by the collection of the tax by the vendor from
the consumer, or indirectly by adding the amount of the tax to
the price of the fuel and paid by the consumer, shall be
reimbursed and repaid the amount of such tax paid, except as
provided in ORS 319.290 to 319.330, if such person has:
(a) Purchased and used such fuel for the purpose of operating
or propelling a stationary gas engine, a tractor or a motor boat,
if the motor boat is used for commercial purposes at any time
during the period for which the refund is claimed;
(b) Purchased and used such fuel for cleaning or dyeing or
other commercial use, except when used in motor vehicles operated
upon any highway;
(c) Purchased and exported such fuel from this state, in
containers other than fuel supply tanks of motor vehicles,
provided that the person:
(A) Exports the motor vehicle fuel from this state to another
state, territory or country, not including a federally recognized
Indian reservation located wholly or partially within the borders
of this state, where the motor vehicle fuel is unloaded; and
(B) Has a valid motor vehicle fuel dealer's license or its
equivalent issued by the state, territory or country to which the
fuel is exported and where it is unloaded;
(d) Purchased and exported such fuel in the fuel supply tank of
a motor vehicle and has used such fuel to operate the vehicle
upon the highways of another state, if the user has paid to the
other state a similar motor vehicle fuel tax on the same fuel, or
has paid any other highway use tax the rate for which is
increased because such fuel was not purchased in, and the tax
thereon paid, to such state; { - or - }
(e) Purchased and used such fuel for small engines that are not
used to propel motor vehicles on highways, including but not
limited to those that power lawn mowers, leaf blowers, chain saws
and similar implements { - . - } { + ; or
(f) Purchased and used such fuel for operating a motor vehicle
the metered use of which is subject to the per-mile road usage
charge imposed under section 3 of this 2013 Act, if the person
has paid the charge. + }
(2) When a motor vehicle with auxiliary equipment uses fuel and
there is no auxiliary motor for such equipment or separate tank
for such a motor, a refund may be claimed and allowed as provided
by subsection { - (4) - } { + (5) + } of this section, except
as otherwise provided by this subsection, without the necessity
of furnishing proof of the amount of fuel used in the operation
of the auxiliary equipment. The person claiming the refund may
present to the Department of Transportation a statement of the
claim and be allowed a refund as follows:
(a) For fuel used in pumping aircraft fuel, motor vehicle fuel,
fuel or heating oils or other petroleum products by a power
take-off unit on a delivery truck, refund shall be allowed
claimant for tax paid on fuel purchased at the rate of
three-fourths of one gallon for each 1,000 gallons of petroleum
products delivered.
(b) For fuel used in operating a power take-off unit on a
cement mixer truck or on a garbage truck, claimant shall be
allowed a refund of 25 percent of the tax paid on all fuel used
in such a truck.
(3) When a person purchases and uses motor vehicle fuel in a
vehicle equipped with a power take-off unit, a refund may be
claimed for fuel used to operate the power take-off unit provided
the vehicle is equipped with a metering device approved by the
department and designed to operate only while the vehicle is
stationary and the parking brake is engaged; the quantity of fuel
measured by the metering device shall be presumed to be the
quantity of fuel consumed by the operation of the power take-off
unit.
{ + (4)(a) The department may provide by rule that a refund
under subsection (1)(f) of this section be granted as a credit
against future per-mile road usage charges incurred by the person
under section 3 of this 2013 Act.
(b)(A) The department may provide by rule for refund thresholds
that are met by aggregating refund amounts or by estimating motor
vehicle fuel tax refunds by vehicle type, at the option of the
person claiming the refund.
(B) If the person claiming the refund opts for an estimated
refund based on vehicle type, the requirement under subsection
(5) of this section that the person claiming the refund must
present original invoices or reasonable facsimiles showing motor
vehicle fuel purchases does not apply. + }
{ - (4) - } { + (5) + } Before any such refund may be
granted, the person claiming such refund must present to the
department a statement, accompanied by the original invoices, or
reasonable facsimiles approved by the department, showing such
purchases; provided that in lieu of original invoices or
facsimiles, refunds submitted under subsection (1)(d) of this
section shall be accompanied by information showing source of the
fuel used and evidence of payment of tax to the state in which
the fuel was used. The statement shall be made over the signature
of the claimant, and shall state the total amount of such fuel
for which the claimant is entitled to be reimbursed under
subsection (1) of this section. The department upon the
presentation of the statement and invoices or facsimiles, or
other required documents, shall cause to be repaid to the
claimant from the taxes collected on motor vehicle fuel such
taxes so paid by the claimant.
{ +
PENALTIES + }
SECTION 20. { + Section 21 of this 2013 Act is added to and
made a part of the Oregon Vehicle Code. + }
SECTION 21. { + (1) A person commits the offense of tampering
with a vehicle metering system if the person:
(a) With the intent to defraud, operates a motor vehicle that
is subject to the per-mile road usage charge imposed under
section 3 of this 2013 Act on a highway knowing that the vehicle
metering system is disconnected or nonfunctional.
(b) Replaces, disconnects or resets the vehicle metering system
of a motor vehicle that is subject to the per-mile road usage
charge imposed under section 3 of this 2013 Act with the intent
of reducing the metered use recorded by the vehicle metering
system.
(2) This section does not apply to a person who is servicing,
repairing or replacing a vehicle metering system.
(3) As used in this section, 'vehicle metering system ' means a
system used to record the metered use by a motor vehicle for the
purpose of complying with the reporting requirements under
section 10 of this 2013 Act.
(4) Tampering with a vehicle metering system is a Class A
traffic violation. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 22. ORS 366.505 is amended to read:
366.505. (1) The State Highway Fund shall consist of:
(a) All moneys and revenues derived under and by virtue of the
sale of bonds, the sale of which is authorized by law and the
proceeds thereof to be dedicated to highway purposes.
(b) All moneys and revenues accruing from the licensing of
motor vehicles, operators and chauffeurs.
(c) Moneys and revenues derived from any tax levied upon
gasoline, distillate, liberty fuel or other volatile and
inflammable liquid fuels, except moneys and revenues described in
ORS 184.642 (2)(a) that become part of the Department of
Transportation Operating Fund.
{ + (d) Moneys and revenues derived from the road usage
charges imposed under section 3 of this 2013 Act. + }
{ - (d) - } { + (e) + } Moneys and revenues derived from or
made available by the federal government for road construction,
maintenance or betterment purposes.
{ - (e) - } { + (f) + } All moneys and revenues received
from all other sources which by law are allocated or dedicated
for highway purposes.
(2) The { + State + } Highway Fund shall be deemed and held as
a trust fund, separate and distinct from the General Fund, and
may be used only for the purposes authorized by law and is
continually appropriated for such purposes.
(3) Moneys in the State Highway Fund may be invested as
provided in ORS 293.701 to 293.820. All interest earnings on any
of the funds designated in subsection (1) of this section shall
be placed to the credit of the highway fund.
SECTION 23. ORS 367.802 is amended to read:
367.802. As used in ORS 367.800 to 367.824:
(1) 'Agreement' means a written agreement, including but not
limited to a contract, for a transportation project that is
entered into under ORS 367.806.
(2) 'Private entity' means any entity that is not a unit of
government, including but not limited to a corporation,
partnership, company, nonprofit organization or other legal
entity or a natural person.
(3) 'Transportation project' or 'project' means any proposed or
existing undertaking that facilitates { + :
(a) + } Any mode of transportation in this state { - or that
facilitates - } { + ;
(b) + } The collection of taxes and fees as an alternative to
the motor vehicle fuel taxes imposed under ORS 319.020 and
319.530 { - . - } { + ; or
(c) The collection of the per-mile road usage charge imposed
under section 3 of this 2013 Act. + }
(4) 'Unit of government' means any department or agency of the
federal government, any state or any agency, office or department
of a state, any city, county, district, commission, authority,
entity, port or other public corporation organized and existing
under statutory law or under a voter-approved charter and any
intergovernmental entity created under ORS 190.003 to 190.130,
190.410 to 190.440 or 190.480 to 190.490.
SECTION 24. ORS 367.804 is amended to read:
367.804. (1) The Department of Transportation shall establish
the Oregon Innovative Partnerships Program for the planning,
acquisition, financing, development, design, construction,
reconstruction, replacement, improvement, maintenance,
management, repair, leasing and operation of transportation
projects.
(2) The goals of the { + Oregon Innovative Partnerships + }
Program are to:
(a) Develop an expedited project delivery process;
(b) Maximize innovation; and
(c) Develop partnerships with private entities and units of
government.
(3) As part of the program established under this section
{ - , - } { + :
(a) + } The department may:
{ - (a) - } { + (A) + } Solicit concepts or proposals for
transportation projects from private entities and units of
government.
{ - (b) - } { + (B) + } Accept unsolicited concepts or
proposals for transportation projects from private entities and
units of government.
{ - (c) - } { + (C) + } Evaluate the concepts or proposals
received under this subsection and select potential projects
based on the concepts or proposals. The evaluation under this
{ - paragraph - } { + subparagraph + } shall include
consultation with any appropriate local government, metropolitan
planning organization or area commission on transportation.
{ - (d) - } { + (D) + } Charge an administrative fee for
the evaluation in an amount determined by the department.
{ + (b) The department shall enter into agreements to
undertake transportation projects described in ORS 367.806
(2). + }
(4) Following an evaluation by the department of concepts or
proposals { - submitted - } { + the department receives + }
under subsection (3) { + (a) + } of this section, and the
selection of potential transportation projects, the department
may negotiate and enter into the agreements described in ORS
367.806 for implementing the selected transportation projects.
(5) Except as provided in subsection (6) of this section:
(a) Information related to a transportation project proposed
under ORS 367.800 to 367.824, including but not limited to the
project's design, management, financing and other details, is
exempt from disclosure under ORS 192.410 to 192.505 until:
(A) The department shares the information with a local
government, metropolitan planning organization or area commission
on transportation under subsection { - (3)(c) - }
{ + (3)(a)(C) + } of this section; or
(B) The department completes its evaluation of the proposed
project and has selected the proposal for negotiation of an
agreement.
(b) After the department has either shared the information
described in paragraph (a) of this subsection with a local
government, metropolitan planning organization or area commission
on transportation, or has completed its evaluation of the
proposed project, the information is subject to disclosure under
ORS 192.410 to 192.505.
(6) Sensitive business, commercial or financial information
that is not customarily provided to business competitors that is
submitted to the department in connection with a transportation
project under ORS 367.800 to 367.824 is exempt from disclosure
under ORS 192.410 to 192.505 until the information is submitted
to the Oregon Transportation Commission in connection with its
review and approval of the transportation project under ORS
367.806.
(7) The department may, in connection with the evaluation of
concepts or proposals for transportation projects, consider any
financing mechanisms, including but not limited to the imposition
and collection of franchise fees or user fees and the development
or use of other revenue sources.
(8) The department and any other unit of government may expend,
out of any funds available for the purpose, such moneys as may be
necessary for the evaluation of concepts or proposals for
transportation projects and for negotiating agreements for
transportation projects under ORS 367.806. The department or
other unit of government may employ engineers, consultants or
other experts the department or other unit of government
determines are needed for the purposes of doing the evaluation
and negotiation. Expenses incurred by the department or other
unit of government under this subsection prior to the issuance of
transportation project revenue bonds or other financing shall be
paid by the department or other unit of government, as
applicable, and charged to the appropriate transportation
project. The department or other unit of government shall keep
records and accounts showing each amount so charged. Upon the
sale of transportation project revenue bonds or upon obtaining
other financing for any transportation project, the funds
expended by the department or other unit of government under this
subsection in connection with the project shall be repaid to the
department or the unit of government from the proceeds of the
bonds or other financing, as allowed by applicable law.
SECTION 25. ORS 367.806 is amended to read:
367.806. (1) As part of the { + Oregon Innovative
Partnerships + } Program established under ORS 367.804, the
Department of Transportation may:
(a) Enter into any agreement or any configuration of agreements
relating to transportation projects with any private entity or
unit of government or any configuration of private entities and
units of government. The subject of agreements entered into under
this section may include, but need not be limited to, planning,
acquisition, financing, development, design, construction,
reconstruction, replacement, improvement, maintenance,
management, repair, leasing and operation of transportation
projects.
(b) Include in any agreement entered into under this section
any financing mechanisms, including but not limited to the
imposition and collection of franchise fees or user fees and the
development or use of other revenue sources.
{ + (2) As part of the Oregon Innovative Partnerships Program
established under ORS 367.804, the department shall enter into
agreements to undertake transportation projects the subjects of
which include the application of technology standards to
determine whether to certify technology, the collection of
metered use data, tax processing and account management, as these
subjects relate to the operation of a road usage charge system
pursuant to sections 2 to 15 of this 2013 Act. + }
{ - (2) - } { + (3) + } The agreements among the public and
private sector partners entered into under this section must
specify at least the following:
(a) At what point in the transportation project public and
private sector partners will enter the project and which partners
will assume responsibility for specific project elements;
(b) How the partners will share management of the risks of the
project;
(c) How the partners will share the costs of development of the
project;
(d) How the partners will allocate financial responsibility for
cost overruns;
(e) The penalties for nonperformance;
(f) The incentives for performance;
(g) The accounting and auditing standards to be used to
evaluate work on the project; and
(h) Whether the project is consistent with the plan developed
by the Oregon Transportation Commission under ORS 184.618 and any
applicable regional transportation plans or local transportation
system programs and, if not consistent, how and when the project
will become consistent with applicable plans and programs.
{ - (3) - } { + (4) + } The department may, either
separately or in combination with any other unit of government,
enter into working agreements, coordination agreements or similar
implementation agreements to carry out the joint implementation
of any transportation project selected under ORS 367.804.
{ - (4) - } { + (5) + } Except for ORS 383.015, 383.017
(1), (2), (3) and (5) and 383.019, the provisions of ORS 383.003
to 383.075 apply to any tollway project entered into under ORS
367.800 to 367.824.
{ - (5) - } { + (6) + } The provisions of ORS 279.835 to
279.855 and ORS chapters 279A, 279B and 279C do not apply to
concepts or proposals submitted under ORS 367.804, or to
agreements entered into under this section, except that if public
moneys are used to pay any costs of construction of public works
that is part of a project, the provisions of ORS 279C.800 to
279C.870 apply to the public works. In addition, if public moneys
are used to pay any costs of construction of public works that is
part of a project, the construction contract for the public works
must contain provisions that require the payment of workers under
the contract in accordance with ORS 279C.540 and 279C.800 to
279C.870.
{ - (6)(a) - } { + (7)(a) + } The department may not enter
into an agreement under this section until the agreement is
reviewed and approved by the Oregon Transportation Commission.
(b) The department may not enter into, and the commission may
not approve, an agreement under this section for the construction
of a public improvement as part of a transportation project
unless the agreement provides for bonding, financial guarantees,
deposits or the posting of other security to secure the payment
of laborers, subcontractors and suppliers who perform work or
provide materials as part of the project.
(c) Before presenting an agreement to the commission for
approval under this subsection, the department must consider
whether to implement procedures to promote competition among
subcontractors for any subcontracts to be let in connection with
the transportation project. As part of its request for approval
of the agreement, the department shall report in writing to the
commission its conclusions regarding the appropriateness of
implementing such procedures.
{ - (7)(a) - } { + (8)(a) + } Except as provided in
paragraph (b) of this subsection, documents, communications and
information developed, exchanged or compiled in the course of
negotiating an agreement with a private entity under this section
are exempt from disclosure under ORS 192.410 to 192.505.
(b) The documents, communications or information described in
paragraph (a) of this subsection are subject to disclosure under
ORS 192.410 to 192.505 when the documents, communications or
information are submitted to the commission in connection with
its review and approval of a transportation project under
subsection
{ - (6) - } { + (7) + } of this section.
{ - (8) - } { + (9) + } The terms of a final agreement
entered into under this section and the terms of a proposed
agreement presented to the commission for review and approval
under subsection { - (6) - } { + (7) + } of this section are
subject to disclosure under ORS 192.410 to 192.505.
{ - (9) - } { + (10) + } As used in this section:
(a) 'Public improvement' has the meaning given that term in ORS
279A.010.
(b) 'Public works' has the meaning given that term in ORS
279C.800.
SECTION 26. ORS 305.410 is amended to read:
305.410. (1) Subject only to the provisions of ORS 305.445
relating to judicial review by the Supreme Court and to
subsection (2) of this section, the tax court shall be the sole,
exclusive and final judicial authority for the hearing and
determination of all questions of law and fact arising under the
tax laws of this state. For the purposes of this section, and
except to the extent that they preclude the imposition of other
taxes, the following are not tax laws of this state:
(a) ORS chapter 577 relating to Oregon Beef Council
contributions.
(b) ORS 576.051 to 576.455 relating to commodity commission
assessments.
(c) ORS chapter 477 relating to fire protection assessments.
(d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 743A, 744,
746, 748 and 750 relating to insurance company fees and taxes.
(e) ORS chapter 473 relating to liquor taxes.
(f) ORS chapter 583 relating to milk marketing, production or
distribution fees.
(g) ORS chapter 825 relating to motor carrier taxes.
(h) ORS chapter 319 relating to motor vehicle and aircraft fuel
taxes { + and the road usage charges imposed under section 3 of
this 2013 Act + }.
(i) ORS title 59 relating to motor vehicle and motor vehicle
operators' license fees and ORS title 39 relating to boat
licenses.
(j) ORS chapter 578 relating to Oregon Wheat Commission
assessments.
(k) ORS chapter 462 relating to racing taxes.
(L) ORS chapter 657 relating to unemployment insurance taxes.
(m) ORS chapter 656 relating to workers' compensation
contributions, assessments or fees.
(n) ORS 311.420, 311.425, 311.455, 311.650, 311.655 and ORS
chapter 312 relating to foreclosure of real and personal property
tax liens.
(o) Sections 15 to 22, 24 and 29, chapter 736, Oregon Laws
2003, relating to long term care facility assessments.
(2) The tax court and the circuit courts shall have concurrent
jurisdiction to try actions or suits to determine:
(a) The priority of property tax liens in relation to other
liens.
(b) The validity of any deed, conveyance, transfer or
assignment of real or personal property under ORS 95.060 and
95.070 (1983 Replacement Part) or 95.200 to 95.310 where the
Department of Revenue has or claims a lien or other interest in
the property.
(3) Subject only to the provisions of ORS 305.445 relating to
judicial review by the Supreme Court, the tax court shall be the
sole, exclusive and final judicial authority for the hearing and
determination of all questions of law and fact concerning the
authorized uses of the proceeds of bonded indebtedness described
in section 11 (11)(d), Article XI of the Oregon Constitution.
(4) Except as permitted under section 2, amended Article VII,
Oregon Constitution, this section and ORS 305.445, no person
shall contest, in any action, suit or proceeding in the circuit
court or any other court, any matter within the jurisdiction of
the tax court.
{ +
TECHNICAL PROVISIONS + }
SECTION 27. { + (1) Sections 3 to 5, 10 to 15 and 21 of this
2013 Act and the amendments to ORS 319.280, 319.550, 319.665,
319.831 and 366.505 by sections 16 to 19 and 22 of this 2013 Act
become operative on July 1, 2015.
(2) The Department of Transportation may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by sections 2 to 15 and 21 of this 2013 Act and the
amendments to ORS 319.280, 319.550, 319.665, 319.831 and 366.505
by sections 16 to 19 and 22 of this 2013 Act. + }
SECTION 28. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
MULTIJURISDICTIONAL AGREEMENTS + }
SECTION 29. { + The Department of Transportation may enter
into agreements with other state departments of transportation,
the federal government and Canadian provinces for the purposes
of:
(1) Conducting joint research relating to road usage charges
and development programs on a multistate basis;
(2) Furthering the development and operation of single state or
multistate road usage charge pilot programs;
(3) Sharing costs incurred in conducting the research described
in subsection (1) of this section; and
(4) Developing a program for stakeholder outreach and
communications with respect to road usage charges. + }
SECTION 30. { + For the biennium beginning July 1, 2013,
expenditures by the Department of Transportation from funds
received from other states, the federal government, Canadian
provinces or the government of Canada for the purposes described
in section 29 of this 2013 Act are not limited. + }
{ +
EFFECTIVE DATE + }
SECTION 31. { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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