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Trucking-Related Legislation -- 1999

1999 Legislation - Summary

pic of gold man atop Oregon State Capitol

This Web page contains information about 14 bills passed by the 1999 Oregon Legislature that were of particular interest to trucking companies doing business in Oregon. Of course, many more motor carrier-related bills were introduced, considered during the Session, and failed to advance. Summaries of several such bills are included at the bottom of this page.

Read a four-page summary of the major legislation passed in 1999. This is an excerpt from the August 1999 Motor Carrier News.

For each Session, the ODOT Motor Carrier Transportation Division maintains a Web page like this tracking key trucking-related legislation -- 2012201120102009, 2008, and 2007.  

For more information and extensive access to Bills and Laws, visit the Oregon Legislature Web Site.

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HB2082 - Taxes & Fees


HB 2082 - Associated Oregon Industries´ Transportation Bill

Originally written to propose six-cent increase in gas tax and use fuel tax, three cents effective January 1, 2000, and three more cents effective September 2, 1001. Combines weight-mile tax tables A and B and makes number of axles a factor in all tax rates. Changes weight-mile and flat fee tax amounts. Changes allocation of new money to cities and counties. Increases passenger vehicle registration fee. Makes changes in administration of weight-mile tax, including adopting quarterly tax reporting system and merging forms used for reporting taxes. Orders the creation of a weight-mile paperwork reduction task force. Offers two percent tax discount to carriers equipping the majority of their trucks with transponders and a one percent discount to carriers using electronic data interchange and electronic funds transfer. Orders regular review of ODOT performance and calls for a repeal of tax increase if the Department has not improved. Orders a study of a Certified Wide Area Road Use Monitoring system for using low-earth orbit satellites to track the movement of trucks subject to highway-use taxes. This is a revenue-raising measure that requires approval by a three-fifths majority of both the House of Representatives and the Senate.

Amended in a number of ways, but it retains a five cent gas tax and repeal of weight-mile tax. The bill also now contains a provision requiring a cost responsibility study every two years to (1) 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, and (2) determine whether each class is paying that share. If the study indicates the heavy vehicle share has been underpaid or overpaid, either the Legislative Assembly or the Governor will raise or lower truck registration fees. The bill is also amended to include provisions pushing all the various implementation and effective dates forward if the bill is passed and then referred to a vote of the people by initiative petition (a companion piece of legislation, SB 1337, stipulates that if it is referred to the people, it would be on the ballot in the May 2000 primary election).

Amended to reduce the gas tax to five cents and incorporate the provisions of HB 3344 that repeal the weight mile tax and replace it with a diesel fuel tax (29 cents per gallon now) and an 11-fold increase in truck registration fees. Change in truck taxes and fees takes effect July 1, 2000. Another increase in truck registration fees takes effect January 1, 2002 (making for a 15-fold increase when compared to registration fees today). This entire bill is repealed if voters do not approve, in an upcoming general election, a change in Oregon´s Constitution to add a provision related to maintaining cost responsibility between cars and trucks for damage to roads (see Senate Joint Resolution 44).

Further amended to add two more cents to the proposed gas tax. Amended to put mileage tax rates in the new combined tax table for vehicles weighing between 26,001 lbs. and 105,500 lbs. Results of the latest Cost Responsibility Study lead to new weight-mile tax rates that vary widely depending on weight and number of axles. Rates increase substantially for trucks in lower weight groups with just two or three axles (rates increase only slightly at the four-axle level). There are also notable increases in rates for trucks in higher weight groups (over 100,000 lbs.). Rates for trucks with combined registered weight of 78,001 - 80,000 lbs. actually remain virtually unchanged if the truck has six axles. Amended to increase fees paid by those who qualify to pay flat fees rather than the weight-mile tax. Log haulers would pay $7.94 per 100 lbs. of declared combined weight (up from $5.55). Sand and gravel haulers would pay $8.40 per 100 lbs. of declared combined weight (up from $5.50). Wood chip haulers would pay $42.01 per 100 lbs. of declared combined weight (up from $22.40). Amended to add a mileage tax rate table for road use assessment fees for vehicles weighing over 98,000 lbs. with rates varying by number of axles. Amended to create an Eastern Oregon Federal Forest Safety Net Account, a special account in the State Highway Fund, that would have up to $3 million available each year for counties east of the Cascades as long as the county received federal funds in 1996 from one of five national forests. Amended to impose an additional $10 fee on cars registered in a county with more than ten percent of the aggregate population growth of the state since 1980 (Clackamas, Marion, Multnomah, and Washington). Fee is collected annually and moneys collected are distributed to the counties. Fee begins 1/1/2001 and is repealed 12/31/2007.

Amended to levy a four-cent gas tax and use fuel tax. Increases weight-mile and flat fee tax amounts concurrently. Combines weight-mile tax tables A and B and makes number of axles a factor in all tax rates. Changes allocation of new money so cities and counties get most of it. Increases passenger vehicle registration fee from $30 to $40. Makes changes in administration of weight-mile tax, including adopting quarterly tax reporting system and merging forms used for reporting taxes. Orders the creation of a weight-mile paperwork reduction task force. Sets performance requirements on ODOT related to improvement of state highway conditions, proportion of money spent "on the road," and an increase in on-time delivery projects. Orders a study of a Certified Wide Area Road Use Monitoring system for using low-earth orbit satellites to track the movement of trucks subject to highway-use taxes. 

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB2190 - Fuels Tax Collection


House Bill 2190 - Fuels Tax Collection Programs

Originally written to strengthen tax collection programs in four key ways: (1) Strengthen ODOT´s ability to collect delinquent taxes by issuing liens, garnishing wages, attaching bank accounts, etc., and permit ODOT to refer delinquent fuels tax accounts to private collection agencies, (2) Increase bond requirements to lower potential losses in case of failure to pay or bankruptcy, (3) Deter tax evasion by bringing statutory fines up to date, and (4) Protect ODOT´s licensing function by allowing denial of Motor Vehicle Fuel, Use Fuel User, and Use Fuel Seller licenses when applicant / licensee has been denied similar licenses in other states or by the federal government, has pled guilty or been convicted of crimes involving the fuel distribution business, or has a history of unfavorable relations with ODOT.

Amended to make other changes clarifying who is not subject to use fuel tax collection efforts.  Amended to make some technical changes in penalty provisions of ORS 319.611.   

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB2443 - Mudguards


HB 2443 - Manufactured Dwelling Mudguard Exemption

Exempts manufactured dwellings from mudguard and fender requirements.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB2525 - Consolidate Hearings


HB 2525 - Consolidate State Hearings Officers

Originally written to establish a Hearings Officer Panel within the Employment Department that would make hearings officers available to state agencies to conduct contested case hearings and resolve disputes. Fees agencies pay for services would be deposited in the General Fund. Requires that the Department of Transportation transfer its existing hearings officer staff to the new Panel. Also requires transfer of staff from Employment Department, Water Resources Department, Oregon Liquor Control Commission, Construction Contractors Board, Adult and Family Services Division of the Department of Human Resources, Workers´ Compensation Division, and Insurance Division of the Department of Consumer and Business Services. Excludes 21 agencies from requirement to use services of the Panel, including the Workers´ Compensation Board (with respect to hearings under Chapter 654 and 656), Public Utility Commission, Bureau of Labor and Industries, Land Conservation and Development Commission, Land Use Board of Appeals, Department of Revenue, State Accident Insurance Fund Corporation, Department of Corrections, Secretary of State, State Treasurer, Attorney General, and State Police. This Hearings Officer Panel would be established as a pilot project, originally to be effective January 1, 2000, with a sunset on January 1, 2004.

Amended to clarify requirements for use of the Hearings Officer Panel. Also amended in many more minor ways, including an amendment to make the pilot project effective August 1, 1999.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of these bills as they advanced in the 1999 Session.

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HB2635 - Variance Permits


HB 2635 - One-Stop Shop for Annual Over-Dimension Permits

Originally written to allows a truck tractor and semitrailer combination to exceed the maximum length limits in ORS 818.080 if the combination doesn´t exceed 75 feet in length and is used to transport agricultural products. Length limits are currently 40 feet for a combination, or 50 feet for a combination including the load, and combinations exceeding those limits are handled through the issuance of over-dimension permits.

Amended to call for rulemaking to establish the fees that will be charged for issuing a permit valid for travel in more than one road authority jurisdiction, allowing for an additional fee up to $8 for each jurisdiction in which travel is authorized. Amended to direct ODOT to develop a system for issuing continuous, annual variance permits for travel on both state and county roads. ODOT, after consultation with other road authorities, would develop standards for terms and conditions of the permits and contract with road authorities and private contractors to distribute them.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB2973 - Harvest Implements


HB 2973 - Size Limit Exemption for Harvest Implements

Originally written to exempt implements of husbandry from highway size limits if movement on road is incidental to harvesting of agricultural crops.

Amended to exempt implements of husbandry from highway size limits if owner is hired by or under contract to farmer to perform agricultural activities. None of the size limits described in ORS 818.080 would apply, except the maximum limit of allowable extension beyond the last axle of a combination of vehicles under Table II. This expands an exemption that currently exists for implements of husbandry hauled, towed, or moved on any highway not part of the Interstate system if the movement is incidental to a farming operation and the owner of the implement is engaged in farming. 

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3292 - Drug / Alcohol Tests


HB 3292 - Drug and Alcohol Testing Program Requirement

Originally written to require that motor carriers have a drug and alcohol testing program, or participate in one, that complies with federal law. Makes failure to meet this requirement subject to a civil penalty of $1,000. Requires that carriers certify they have a program, or participate in one, at the time they register a truck, or renew registration of a truck. Requires a medical review officer of a testing program to report to the Department of Transportation when there is a finding of a positive test result. Requires that the employment driving record include all instances of positive drug and alcohol test results.

Amended to (1) require that the employment driving record include all instances of positive drug test results, rather than both drug and alcohol, (2) stipulate that ODOT will disclose information about a drug test result only if the person requesting it has written permission from the person who is the subject of the report, (3) provide a process whereby the person who is the subject of a report has a right to a hearing to determine if the test results will be placed on the employment driving record, (4) stipulate that ODOT cannot be held civilly liable for damage resulting from placing information about a drug test result on the employment driving record, and (5) make the law effective March 1, 2000. 

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3344 - Weight-Mile Tax


HB 3344 - Reinstate Weight-Mile Tax in 2006

Originally written to repeal truck weight-mile tax and replace it with a diesel fuel tax of an unspecified cents per gallon, effective January 1, 2000. Specifies audit procedures for verifying tax is paid. Allows a 45 percent refund of tax for those using power take-off units on concrete mixers, self-loading log trucks, and garbage or recycling trucks. Allows a 25 percent refund of tax for trucks hauling logs, poles, piling, sand or gravel. Provides for a review of revenue collected every six months in order to increase or decrease the fuel tax as necessary to meet revenue forecasts. Increases truck registration fees an unspecified amount and adds a variable fee for most trucks over 26,000 lbs. (certain trucks would pay only a fixed fee - concrete mixers, log and sand and gravel carriers, garbage haulers, and trucks under 60,000 lbs. that travel less than 30,000 miles a year). Allows registration fees for commercial vehicles registered under proportional registration provisions to be paid quarterly. Imposes a $26 trip permit fee for out-of-state diesel fuel users who aren´t registered under the International Fuel Tax Agreement. Adjusts road use assessment fee for single-trip non-divisible loads so they pay $3 per ton over the maximum weight allowable under ORS 818.010. Increases heavy motor vehicle trip permit fee from $21 to $42. Increases heavy trailer permit fee from $10 to $20. Increases registration weight trip permit, and registered vehicle trip permit, from $5 to $10. Increases permanent registration fee for trailers from $10 to $30. Increases fee for over-dimension permit, and for sifting or leaking load permit, from $8 to $16. Adds a flat fee for trucks over 80,000 lbs. with 5-7 axles.

Amended, replacing everything previously in the bill and inserting a sunset provision stipulating that if HB 2082 passes and weight-mile tax is repealed on July 1, 2000, the new diesel fuel tax and higher truck registration fees would end on January 1, 2006, and weight-mile tax would be reinstated. This requires that in six years legislators have to revisit the issue and pass a new law in order to continue the diesel fuel tax and registration fee taxing system. To help determine whether to do that, this bill provides that legislators will have a Cost Responsibility Study with data on classes of heavy vehicles and their contribution to road costs. The bill also has a provision deleting what is thought to be an unconstitutional provision of HB 2082 that would have allowed the Governor to adjust registration fees if a Cost Responsibility Study found trucks were not paying their fair share of road costs. One other amendment adjusts weight-mile tax rates and provides that they will go into effect if HB 2082 does not become law. To conform with the findings of the 1999 Highway Cost Allocation Study, in which it was found that commercial trucks were paying more than their fair share of Oregon road and street costs, weight-mile Tax Tables A and B would be changed to implement a reduction in weight-mile tax rates and result in trucks paying $23 million less per year. The rate for trucks with a declared combined weight between 26,001 and 28,000 lbs., for example, goes from 41.5 cents per mile to 36.4 cents. The rate for trucks between 78,001 and 80,000 lbs., for another example, goes from 13.65 cents per mile to 11.97 cents per mile. Further amended to incorporate provisions contained in HB 2190 pertaining to collections. Amended to give Motor Carrier Enforcement Officers the ability to issue citations for failure to (a) register a truck, (b) pay registration fees, (c) submit a declaration of weight, (d) renew registration, (e) carry a registration card, (f) display registration plates, or for (g) improper display of validating stickers.

Amended to establish a 25 cents per gallon diesel fuel tax. Also amended to provide a 2.5 cents per gallon increase or decrease in tax contingent on the outcome of four six-month reviews of revenue received in the next two years (if revenue exceeds forecast by at least five percent, tax declines). Further amended to add 4 cents per gallon to whatever tax is effective October 1, 2001, and establishes that as the tax on January 1, 2002. Amended to establish new truck registration fees that include a fixed fee and a variable fee so that a truck registered at a declared weight between 78,001 and 80,000 lbs., for example, would pay $3,601.53 per year. Amended to stipulate that concrete mixers and log and sand and gravel haulers would pay the fixed registration fee plus a flat variable fee of $500. Amended to add provisions stipulating that vehicles owned and operated by investor-owned utilities, and vehicles weighing at least 60,001 lbs. and used in conjunction with the installation of heavy machinery, would pay the fixed registration fee. Also amended to add provisions for a 70 percent diesel tax refund for vehicles owned and operated by an investor-owned utility and a 100 percent refund when there is a separate fuel supply dedicated to operating ancillary equipment and not used to propel a vehicle. Amends the heavy vehicle trip permit fee so that it costs $42 for a five-day permit and $21 for a one-day permit.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3461 - Farm Truck Size


HB 3461 - Over-Width and Over-Height Permits for Farm Trucks

Originally written to allow the issuance of an annual over-width permit to trucks hauling bagged grass seed so the load can be up to nine feet six inches wide when traveling on specified routes. Amends ORS 818.210 so this becomes one of 13 exceptions to state law prohibiting the issuance of a variance permit for vehicles or loads that can be readily or reasonably dismantled or disassembled.

Amended to allow the issuance of an annual over-width permit for trucks hauling bagged grass seed or mint leaves in sacks so the load can be up to nine feet six inches wide, and an annual over-height permit for trucks hauling grass hay, grass seed straw, or cereal grain so the load can be up to 14 feet six inches high, when traveling on specified routes. Also amended to change ORS 810.490 to allow an enforcement officer who has stopped an overweight truck to exercise discretion as to whether to force the load to legalize or let it proceed if the excess weight is not greater than limits outlined in the statute.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3505 - Farm Truck Weight


HB 3505 - Penalty for Farm Trucks Violating Weight Restrictions

Originally written to change the penalty so that farm trucks loaded in the field with agricultural products would pay $10 per 1,000 lbs., or fraction thereof, per axle overweight, if not more than 2,000 lbs. per axle overweight.

Amended to cut in half the penalty, although it cannot be less than $5, for an overweight farm truck hauling agricultural products that were loaded in the field without benefit of a scale if it is not more than 3,000 lbs. over the maximum weight limit.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3506 - Malheur County Trucks


HB 3506 - Farm Trucks Going Between Idaho and Malheur County

Originally written to allow field-loaded farm trucks going between Idaho and Malheur County to carry as much weight as Idaho allows.

Amended to correct the proposed new weight table by adding another series of weights. Amended to add a table to ORS 818.010, the law outlining maximum allowable weights, to allow greater weights for farm-plated trucks transporting field-loaded agricultural products in Malheur County. Clarifies that the greater weights are not allowed for trucks traveling on Interstate 84 or U.S. Highway 95.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB3530 - Waste Disposal


HB 3530 - Improper Disposal of Human Waste

Originally written to create the offense of improperly disposing of hazardous substance, punishable by a maximum fine of $2,500. Applies to holders of commercial driver licenses who throw, put or otherwise leave containers of urine or other hazardous substances on or beside the highway. Requires suspension of commercial driver license upon conviction.

Amended to (1) apply to persons improperly disposing human waste from any motor vehicle, (2) reduce the fine from a maximum of $2,500 to a flat fine of $250, (3) remove reference to suspension of a commercial driver license upon conviction, (4) refer to the disposal of "human waste" rather than "hazardous substance", and (5) clarify that the required suspension of a commercial driver license upon conviction applies if the person was operating or riding in a commercial vehicle when the offense was committed.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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HB5053 - ODOT Budget


HB 5053 - Department of Transportation Budget

(All budget numbers shown here are rounded; not exact.)
Amended to appropriate from the General Fund $205,000 for Transportation Development, $143,000 for DMV, $90,000 for Rail, and $30,000 for Public Transit. Also, limit biennial expenditures from fees, moneys, and other revenues as follows: Maintenance-$292.9 million, Preservation-$285.5 million, Bridge-$141.7 million, Highway Safety-$49.5 million, Operations-$17.5 million, Modernization-$202.6 million, Highway Planning & Research-$17.3 million, Special-$140.7 million, Emergency Relief-$5.5 million, Local Government-$181.6 million, Central Services-$127.2 million, DMV-$123.7 million, Transportation Development-$54.9 million, Motor Carrier-$37.8 million, Capital Improvement-$3.2 million, and Oregon Board of Maritime Pilots-$268,000, Aeronautics-$4.2 million, Public Transit-$11 million, Rail-$7.9 million, and Transportation Safety-$4.3 million. Also, limits biennial expenditures from federal funds as follows: Transportation Development-$161,000, Motor Carrier-$2.4 million, Central Services-$188,000, Public Transit-$11.3 million, Rail-$14.4 million, and Transportation Safety-$12.5 million.

On May 17, the Legislative Fiscal Office (LFO) submitted to the Ways and Means Committee a budget recommendation that represents a 2.5% increase over the 1997-99 Legislative Approved Budget and a 10.6% increase over Estimated Expenditures.

Originally written to appropriate moneys from General Fund for biennial expenses (Transportation Development-$24.2 million, DMV-$149,000), limit biennial expenditures from fees, moneys, and other revenues (Highway-$1.6 billion, Central Services-$127.3 million, DMV-$122.2 million, Transportation Development-$92.6 million, Motor Carrier-$37.8 million, Capital Improvement-$3.2 million, and Oregon Board of Maritime Pilots-$282,000), and limit biennial expenditures from federal funds (Transportation Development-$56.7 million, Motor Carrier-$2.4 million, and Central Services-$76,000).

LFO recommends less money be appropriated from the General Fund, reducing the request for Transportation Development to just $235,000 and the request for DMV to $143,000. In terms of limits on biennial expenditures from fees, moneys, and other revenues, LFO recommends taking the $1.6 billion requested for Highway as one broad category, reducing it to $1.3 billion, and breaking it up into the following ten program categories: Maintenance-$292.9 million, Preservation-$294 million, Bridge-$141.7 million, Highway Safety-$49 million, Operations-$17 million, Modernization-$201.6 million, Highway Planning & Research-$17 million, Special-$140.7 million, Emergency Relief-$5 million, Local Government-$173.3 million.

For other Divisions of ODOT, LFO recommends the following limits: Central Services-$127.2 million, DMV-$123.5 million, Transportation Development-$54.9 million, Motor Carrier-$37.8 million, Capital Improvement-$3.2 million, and Oregon Board of Maritime Pilots-$268,000, Aeronautics-$4.2 million, Public Transit-$10.9 million, Rail-$7.9 million, and Transportation Safety-$4.3 million. For limiting biennial expenditures from federal funds, LFO recommends the following: Transportation Development-$161,000, Motor Carrier-$2.4 million, Central Services-$188,000, Public Transit-$11.4 million, Rail-$14.4 million, and Transportation Safety-$12.6 million.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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JR44 - Cost Responsibility


Senate Joint Resolution 44 - Add Cost Responsibility Provision

Proposes amendment to Oregon Constitution requiring that revenues from fuel taxes and fees on cars and trucks be generated in a manner that ensures that classes of vehicles pay their fair and proportionate share of costs of highway system. The Legislative Assembly would provide for a biennial review and, if necessary, adjustment of revenue sources to ensure fairness and proportionality. Refers proposed amendment to people for their approval or rejection at a special election held on the same date as the next biennial primary election. This affects Section 3a, Article IX of the Constitution.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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SB352 - Exemptions


SB 352 - Motor Carrier Exemptions

Amended to clarify that the trailers will remain exempt if proportional registration requirements were to change (the legislation as drafted referred to "titling" provisions). Originally written to: (1) Add an exemption from towing safety requirements for booster axles so carriers are not required to use redundant safety chains, and (2) Clarify that interstate carriers with trailers currently exempt from Oregon titling requirements, as a result of their participation in the International Registration Plan, will remain exempt if proportional registration requirements were to change. "Grandfathers" these vehicles into the titling requirement exemption.

Visit the Oregon Legislature Search  page for Bill History information, including access to all various copies of the bill as it advanced in the 1999 Session.

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Bills that did not advance


HB 2081 - Association of Oregon Counties´ Transportation Bill
Proposes an unspecified increase in fuel tax and corresponding truck taxes. Adds a $10 per year registration fee for vehicles registered in high-growth areas (counties that had more than 10% of the aggregate population growth of the state since 1980). Creates Eastern Oregon Federal Forest Safety Net Account, a special account in the State Highway Fund, that would have up to $3 million available each year for counties east of the Cascades as long as the county received federal funds in 1996 from one of five national forests. Increases annual appropriation to small cities program and special counties program. Orders ODOT to continuously improve its operations and report its performance to the Governor every year.


House Bill 2187 - DEQ Regulation of Hazardous Waste Hauling
Clarifies that Department of Environmental Quality may exercise authority, delegated to Oregon under Federal Resource Conservation and Recovery Act, over transportation of hazardous waste by land by motor carriers and railroads.  Statute currently describes DEQ authority over the transportation of hazardous waste only by air or water.


House Bill 2189 - Motor Carrier Audit and Collections
Originally written to strengthen motor carrier audit and collections programs in three key ways: (1) Lock in the time period covered by a weight-mile tax audit so time periods will not be lost to the Statute of Limitations as the audit progresses, (2) Permit auditors to consolidate multiple reporting periods for a carrier when calculating fines and penalties, except in cases when reports were not filed, and (3) Enable the State to hold corporate officers and key employees personally liable for weight-mile taxes, penalties and fees due, after other available collection efforts have been exhausted.


House Bill 2194 - Motor Carrier Tax and Fee Adjustments
Reduces motor carriers’ administrative costs of compliance, introduces tax incentives that promote new cost-saving programs, and adjusts two administrative fees. Four changes related to taxes:  (1) Increases the size of the tax rate classes from 2,000 lbs. to 5,000 lbs.; (2) Combines the existing Tax Tables "A" and "B" into one table based on declared combined weight and number of axles;  (3) Allows all carriers to file tax reports on a quarterly, rather than a monthly, basis beginning mid-year 2000;  (4) Offers a two percent tax discount to carriers that equip the majority of their fleets with transponders in the Oregon Green Light program, and a one percent discount to carriers that use electronic means to submit tax reports and transfer funds to pay taxes. Two adjustments to administrative fees:  (1) Establishes a maximum fee motor carriers pay for reinstating authority after a suspension. New reinstatement fees would charge $25 plus $5 for every vehicle outstanding, up to a maximum of 20 vehicles.  (2) Eliminates the $15 cancellation fee for every plate carriers fail to return within 90 days of suspension or cancellation, replacing it with a $15 fee for every transponder a carrier fails to surrender within 90 days of ending participation in Oregon’s mainline preclearance program.


HB 2198 - Recovering Costs Responding to Incidents
Originally written to allow ODOT to recover actual costs incurred to provide traffic control, as well as clean up and dispose of material left as a result of an incident on the highway. Amended to allow ODOT to recover actual costs incurred as a result of spilled or dislodged cargo or violations of restrictions or limitations imposed under ORS 810.030 (general highway restriction authority).


HB 2201 - Studded Tire Use Fee
Places a fee on the sale of studded tires to recover the amount of damage done to streets and highways.  The proposed fee is $30 for each new studded tire, or the installation of studs in a tire.


HB 2202 - Establish Posted Speed as Maximum Speed Limit
Designates a posted speed as the maximum speed for that segment of highway, with the Basic Rule taking effect under posted speed.


HB 2429 - External Markings on Contractors´ Vehicles
Requires construction contractors to display company name and registration number on vehicles used in construction activities. Relates to all vehicles used by construction contractors, who are governed by Oregon Revised Statutes Chapter 701. Motor carrier regulation currently requires vehicles over 26,000 lbs. to comply with federal standards for external vehicle markings, which call for displaying company name, US DOT number, and in some cases the city and state.


HB 2475 - Operating Radius of Driver with Farm Indorsement
Increases distance from farm that a person with a farm indorsement may operate farm vehicles.  Currently, a person can operate a farm-plated truck that weighs over 26,000 lbs. with either a Class A or Class B farm indorsement, rather than a Commercial Driver License, if the vehicle is being used for the farmer´s own farm use and it is traveling within 150 miles of the farmer´s farm.  This bill increases the distance to 250 miles, which conflicts with 49 CFR, Part 383.3(d), the federal law that allows an exemption from CDL requirements if the farm operator uses the vehicle within 150 miles of the farm.


HB 2519 - Highway Use Tax Simplification and Incentives
Combines Tax Tables A and B into one table with tax rates for all weight groups declining according to the number of axles on the vehicle. Makes changes in administration of weight-mile tax, including adopting quarterly tax reporting system and merging forms used for reporting taxes. Orders the creation of a weight-mile paperwork reduction task force. Offers a two percent tax credit to any carrier equipping the majority of its truck fleet with transponders for use in a weigh station preclearance system.  Offers a one percent tax credit to any carrier using electronic data interchange to file highway-use tax reports, and electronic funds transfer to pay taxes due. Orders a study of a Certified Wide Area Road Use Monitoring system for using low-earth orbit satellites to track the movement of trucks subject to highway-use taxes.


HB 2568 - Information Appearing on Citations
Expands information that must appear on citations issued for crime or violation so that it includes the date of birth of person receiving citation and his or her signature or fingerprint.


HB 2656 - Three Percent Highway Fund Dedication
Stipulates that out of the funds received by ODOT for the State Highway Fund, at least 3% will be used exclusively for emergency repair and maintenance of highways. This would add a section to ORS Chapter 366, Oregon law related to use of the Highway Fund.


HB 2761 - Splash and Spray Guards
Requires truck tractors and trailers to have splash and spray guards capable of deflecting any dirt, mud, water or other substance that may be picked up and carried by the wheels. Violation of the requirement would be a Class C traffic infraction punishable by a maximum fine of $150.


HB 2777 - Registration Fee Increase to Fund State Police
Increases truck registration fees by $20 for each weight group and appropriates money to State Police for policing public highways, roads, streets, and roadside rest areas. Also increases car registration fee by $10 (from $30 to $40). Becomes effective July 1, 2000, but only if Senate Joint Resolution 11 passes and an amendment to the Oregon Constitution is approved by voters in the next biennial primary election.


HB 2788 - Ban on State Agency-Filed Legislation
Takes away the authority of the Governor and state agencies to file proposed legislative measures.


HB 2867 - Prohibition of Trucks on Sundays
Prohibits trucks on state highways, other than Interstate highways, on Sundays between 12 noon and 8 p.m. Would not apply to buses or mass transit.


HB 2886 - Entering Property / Demanding Records Without Permission
Prohibits administrative agencies from entering private property or demanding records without written permission of owner, unless acting with probable cause.


HB 2893 - Registration Fee for Vehicles from Certain Counties
Imposes additional $10 registration fee on vehicles in a county with more than ten percent of the aggregate population growth of the state since 1980. Fee is collected upon initial registration or renewal of vehicle. After deduction of expenses for collection, moneys collected are distributed to the counties.


HB 2928 - City Registration Fees on Vehicles Under 26,001 lbs.
Allows cities to impose registration fees on vehicles registered at a residence or business address within a city if they weigh less than 26,001 pounds. Accomplishes this by amending the statute related to the authority of local governments (ORS 801.040), and the statute related to the authority of counties, to impose registration fees (ORS 801.041).


HB 2988 - State Rules No More Stringent Than Federal Regs
Prohibits a state agency from adopting any rule that is more stringent than federal requirements, unless the agency shows that conditions in Oregon are unique or so different that application of the federal requirement would not achieve the intent of federal law or rule. Allows adoption of noncomplying rule if emergency exists. Requires repeal or amendment of noncomplying rule not later than 180 days after effective date of this legislation.


HB 3284 - Outcomes of Administrative Hearings
Requires hearings officer in contested case to award reasonable attorney fees and reasonable expenses to party other than agency if the officer finds in favor of party and also finds that agency did not have reasonable basis in fact or in law for issuing the order that is the subject of the hearing. Specifies that when hearings officer issued an order awarding attorney fees and expenses, it is a final order that may not be modified or disapproved by the agency. Provides for court appeal by agency.


HB 3634 - No Weigh Station Near High Desert Museum
Prohibits ODOT from siting, funding, developing, authorizing, allowing, or constructing a weigh station or vehicle inspection station within 5,000 feet of property owned by a private nonprofit Oregon corporation that is devoted primarily to the acquisition and public exhibition of specimens, artifacts, articles, documents, and other things related to the history, culture, and ecology of the high desert plateau. This bill seeks to stop construction of a weigh station south of Bend about one-half mile from the High Desert Museum.


House Joint Resolution 1 - Highway Fund for State Police
Proposes amendment to Oregon Constitution to allow up to five percent of fuel tax and motor vehicle use fees, such as truck weight-mile taxes, or excise revenues, to be used for State Police patrol activities and for the purchase, operation, maintenance, and capital construction of public transportation equipment, facilities, and services. Refers proposed amendment to people for their approval or rejection at next regular general election. This affects Section 3a, Article IX of the Constitution.


House Joint Resolution 20 - Cap on Government
Proposes amendment to Oregon Constitution to set a spending limitation on state and local government. Appropriations for state government agencies could not exceed appropriations made in the previous biennium (two-year budget period), except for adjustments related to increases or decreases in the Oregon population and inflation or deflation in consumer prices. For state government, appropriations funded entirely by revenues from the federal government received to perform specific mandated functions would be exempt from cap. Sets July 1, 1995, as the state government appropriations base upon which limitations are calculated.  Refers proposed amendment to people for their approval or rejection at next regular general election. Creates a new Section 1d for Article IX of the Constitution.


House Joint Resolution 59 - Highway Fund for State Police
Originally written to propose amending the Oregon Constitution to allow an unspecified percent of fuel tax and motor vehicle use fees, such as truck weight-mile taxes, or excise revenues, to be used for State Police patrol activities. Refers proposed amendment to people for their approval or rejection at next regular general election. This affects Section 3a, Article IX of the Constitution. Amended to specify that revenues may be used only to increase the State Police budget in order to provide levels of service not authorized by the budget in effect at this time. Amended to remove reference to an actual percent of revenues that could be used for State Police patrol activities.


SB 95 - Intergovernmental and International Agreements
Requires state agencies to submit intergovernmental and international agreements to Legislative Assembly.  Affects interstate agreements such as the International Registration Plan and International Fuel Tax Agreement.


SB 354 - Motor Carrier Enforcement
Amendments proposed to (1) Allow Motor Carrier Enforcement Officers to issue citations for vehicle registration weight requirements, and operating a commercial vehicle with a suspended commercial driver license, and (2) Remove references to MCEO authority to "arrest" carriers for violations, in order to bring statute in line with ODOT policy. Originally written to: (1) Allow Motor Carrier Enforcement Officers to issue citations for vehicle registration weight requirements, and operating a commercial vehicle with a suspended commercial driver license, (2) Increase civil monetary penalties for violations of Chapters 818, 825, and 826 from $100 to $500, (3) Levy a $1,000 penalty for each specific safety violation that contributes to a commercial motor vehicle accident or results from the accident, and (4) Remove references to MCEO authority to "arrest" carriers for violations, in order to bring statute in line with Department policy.


SB 558 - Increase Rural Interstate Speed Limit
Amended to allow ODOT to increase the maximum speed limit for trucks and buses traveling on rural Interstate highways up to 70 mph. Allows ODOT to increase the maximum speed limit on rural Interstate highways up to 65 mph for trucks and buses, and up to 75 mph for all other vehicles. Allows ODOT to set speeds greater than 75 mph on rural Interstates.

September 3 - Governor Kitzhaber vetoed this bill.


SB 658- No Mandatory Transponders
Prohibits governmental agencies from requiring that a commercial vehicle or its operator use an electronic device that is intended to identify the location of the vehicle.


SB 858 - Passenger Transportation Regulation
Originally written to prohibit a city or county from granting exclusive franchise to a for-hire carrier of persons. Prohibits city from limiting the number of transportation providers or regulating fares. Allows certain government units to license taxicabs and other for-hire vehicles. Prohibits certain government units from regulating entry into business, fares or routes of taxicabs and other for-hire vehicles. Amended to allow a city or county to grant a franchise to a for-hire carrier of persons if necessary to ensure compliance with public transit requirements of the Americans with Disabilities Act of 1990.


SB 859 - Competition in Public Transportation
Subjects transit agency routes to competitive bidding. Requires all routes be subject to public bidding within six years, except when bidding violates collective bargaining agreement. Provides procedures for bidding. Allows city or county to award contracts for transportation of persons after competitive bidding process. Expands exemption from motor carrier regulation for taxicabs transporting persons or property so they are no longer limited to a five-passenger seating capacity. Changes exemption for vehicles used to transport persons for-hire so it no longer applies to transportation performed by a non-profit entity. Also extends the exemption so that it applies regardless of whether the transportation is in competition with a regular route, full-service, scheduled passenger carrier that is subject to motor carrier regulation, or a service provided by a mass transit district.


SB 881 - New Weight-Mile Taxes, If All Else Fails
Originally written to repeal the requirement that highway project money be spent for footpaths and bicycle trails. Refers Act to people for approval or rejection at next regular general election. Amended to revise weight-mile Tax Tables A and B to conform with the findings of the 1999 Highway Cost Allocation Study. The new tax rates would become effective if HB 2082 does not become law. The new Cost Allocation Study found that commercial trucks were paying more than their fair share of Oregon road and street costs. Thus, this bill would implement a reduction in weight-mile tax rates and result in trucks paying $23 million less per year. The rate for trucks with a declared combined weight between 26,001 and 28,000 lbs., for example, goes from 41.5 cents per mile to 36.4 cents. The rate for trucks between 78,001 and 80,000 lbs., for another example, goes from 13.65 cents per mile to 11.97 cents per mile.


SB 1077 - Fines and Penalties Deposited in General Fund
Requires that fines and monetary penalties collected by state agencies during biennium, beginning July 1, 1999, to be deposited in the General Fund.


SB 1094 - Emissions Testing for Trucks
Establishes emissions standards for diesel trucks with a gross vehicle weight rating over 26,000 lbs. Directs Department of Environmental Quality to establish a testing program for diesel vehicle emissions and conduct emissions inspections, in coordination with ODOT, at weigh stations, ports of entry, and during safety inspections or upon surprise inspections based on observation of visible emissions in a truck´s exhaust.


SB 1121 - Breakup ODOT
Abolishes the Department of Transportation and the Oregon Transportation Commission. Creates a Highway Department, a Highway Commission, and an Oregon Department of Aviation and State Aviation Board. Transfers driver and motor vehicle services and transportation safety functions to the Department of Revenue. Transfers motor carrier and public transit functions to the Department of Consumer and Business Services. Transfers railroad functions to Public Utility Commission.


SB 1281 - Registration and Use of Farm-Plated Trucks
Removes provision that would increase the distance from farm, from 150 to 250 miles, that a person with a farm indorsement may operate farm vehicles. Amended to remove provision allowing a truck tractor and semitrailer combination to exceed maximum length limits if the combination is not more than 75 feet in length and is used to haul agricultural products. Amended to allow the issuance of an over-width permit for trucks hauling bagged grass seed or mint leaves in sacks so the load can be up to nine fees six inches wide. Amended to allow the issuance of an unspecified variance permit for trucks hauling grass hay, grass seed straw or cereal grain straw in bales. Amended to cut in half the penalty, although it cannot be less than $5, for overweight farm vehicles hauling agricultural products that were loaded in the field if they´re not more than 3,000 lbs. over the maximum weight limit. Originally written to change the registration periods for farm vehicles so they can be registered under annual, quarterly, or monthly registration. Expands the permissible uses of farm vehicles to allow the transportation of farm equipment used on the farmer´s own farm or farm operation or used to perform custom farming activities on land that is not owned or leased by the farmer. Removes restrictions for farm vehicles hauling logs, poles, and piling. Increases distance from farm, from 150 to 250 miles, that a person with a farm indorsement may operate farm vehicles. Allows a truck tractor and semitrailer combination to exceed maximum length limits if the combination is not more than 75 feet in length and is used to haul agricultural products. Allows for the issuance of an over-height permit if a vehicle or combination is hauling hay or straw bales and total height of the load is not more than 14 feet 3 inches. Cuts in half the penalty for overweight farm vehicles hauling agricultural products that were loaded in the field.


Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of these bills as they advanced in the 1999 Session.

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