Legislative Session Ends With Lawmakers Refusing to Act on Unconstitutional Tax Collection

Lawmakers in Salem adjourned Thursday without addressing the overpayments from heavy trucks, despite being given several opportunities to do so.

Vice-Chairs of the Joint Transportation Committee, Representative Shelly Boshart Davis (R-Albany) and Senator Brian Boquist (R-Dallas), both introduced measures that would have reformed the currently out-of-balance weight mile taxes. First brought to light in June of 2023, heavy trucks are projected to overpay their fair share of transportation taxes by over 30%, despite the Constitution requiring the Legislature to ensure “fair and proportionate” between passenger vehicles and heavy trucks.

In the final committee hearing of the session, the Joint Committee on Transportation passed House Bill 4109, also known as the session’s transportation omnibus bill which contained miscellaneous transportation-related topics, including changes to Oregon’s use of photo radar to enforce traffic laws, how the Department of Aviation can use grant funds and directs the Oregon Department of Transportation to work with Idaho to reestablish service on the Amtrak Pioneer line.

Boquist moved the adoption of the -9 amendment into HB 4109, which would have rolled back Oregon’s weight mile tax rates to 2020 levels. At that time, heavy trucks were found to be overpaying by around 3%. The amendment also would have convened stakeholders, including the ODOT, Oregon Trucking Association, and AAA, to come up with a more permanent tax structure.

Instead, the amendment was voted down, with all Republicans voting in favor and all Democrats voting against it.

Interestingly, because Co-Chair Chris Gorsek was absent from the committee due to sickness, Senate President Rob Wagner (D-Lake Oswego) (who holds an ex officio membership to all committees) sat in on the committee and voted to ensure the amendment's defeat. Wagner is a named party to the Oregon Trucking Association’s lawsuit over the very issue of weight mile tax overpayments.

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