71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2137
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
CHAPTER ................
AN ACT
Relating to vehicles; amending ORS 802.110, 802.120, 803.030,
803.305, 803.530, 803.625, 805.060, 806.190, 811.170, 811.602,
811.603, 811.604, 811.606, 811.607, 811.609, 811.611 and
811.720; repealing ORS 811.640 and 821.300 and section 4,
chapter 529, Oregon Laws 2001 (Enrolled Senate Bill 445); and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Manufactured structures are subject to ORS 803.025 as
provided under ORS 820.500 and 820.530.
(4) Snowmobiles { + , + } { - and - } Class I all-terrain
vehicles { + and Class III all-terrain vehicles + } are not
subject to the requirements under ORS 803.025. The requirements
and procedures for titling snowmobiles are as provided under ORS
821.060 and 821.070.
(5) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(6) Trolleys are exempt from the requirements for title.
(7) Bicycles are exempt from the requirements for title.
(8) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from the requirements for title.
(10) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
Enrolled House Bill 2137 (HB 2137-BCCA) Page 1
construction or reconstruction of state or county roads, highways
or city streets.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
(12) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
(13) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(14) Golf carts or similar vehicles are exempt from
requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by disabled persons.
(15) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
Enrolled House Bill 2137 (HB 2137-BCCA) Page 2
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
(17) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
(18) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
(19) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(20) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
(21)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements
for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
(22) Converter dollies and tow dollies are exempt from the
requirements for title.
SECTION 2. ORS 803.305 is amended to read:
803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(4) A vehicle is exempt from registration if it is not operated
on the highways of this state. No manufactured structure is
exempt by this subsection. This subsection does not affect any
exemption established under ORS 820.510.
(5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds. No
trailer for hire, travel trailer, camper or manufactured
structure is exempt by this subsection.
Enrolled House Bill 2137 (HB 2137-BCCA) Page 3
(6) Vehicles owned and operated by the United States Government
are exempt from registration.
(7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
(8) Manufactured structures are subject to ORS 803.300 as
provided under ORS 820.500, 820.510 and 820.530.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from registration.
(10) Farm tractors and farm trailers on highways are exempt
from registration when the operation of the vehicle upon the
highway is incidental to its use in an agricultural operation.
(11) Fixed load vehicles are exempt from registration while the
vehicles are operated:
(a) In the construction or reconstruction of state or county
roads, highways or city streets; and
(b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
(12) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from registration
while being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute.
The exemption under this subsection applies to the vehicles or
equipment described while being moved to or from the work area.
The exemption under this subsection only applies to vehicles or
equipment owned, leased, contracted for or requisitioned by the
State Forester or State Board of Forestry, a contractor of the
State Forester or State Board of Forestry under ORS chapter 477
or the United States Government.
(13) Vehicles being used for the purposes of forest protection
and fire suppression are exempt if the vehicles are necessary in
order to comply with ORS 477.615 or 477.650 or a similar federal
statute. The exemption under this subsection also applies to the
vehicles described being moved to or from the work area.
(14) Golf cart exemptions from registration are as provided in
ORS 820.210.
(15) Vehicles currently registered and titled in any other
country, state or territory are not required to be registered by
this state. All of the following apply to this subsection:
(a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
Enrolled House Bill 2137 (HB 2137-BCCA) Page 4
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicles operated or used by vehicle dealers may be
operated or used without registration as provided under ORS
822.040.
(17) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
(18) Vehicles without registration may be transported by
vehicle transporters as provided under ORS 822.310.
(19) Vehicles that are not registered may be operated under
trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
(20) If trailers that are part of a fleet of trailers for hire
are properly registered in this state under an agreement entered
into pursuant to ORS 802.500, all trailers that are identified as
being a part of the same fleet and that are currently registered
in any state, territory, province, country or the District of
Columbia shall be permitted to operate in this state in both
interstate and intrastate commerce without being registered by
this state.
(21) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from registration.
(22) Tow dollies and converter dollies are exempt from
registration.
{ + (23) Class I and Class III all-terrain vehicles are
exempt from registration. + }
SECTION 2a. { + If Senate Bill 445 becomes law, section 4,
chapter 529, Oregon Laws 2001 (Enrolled Senate Bill 445)
(amending ORS 803.305), is repealed. + }
SECTION 3. ORS 803.530 is amended to read:
803.530. Registration plates assigned to a vehicle by the
Department of Transportation shall remain with the vehicle to
which the plates are assigned and are valid only during the
registration period for which the plates are issued except as
provided in the following:
(1) The department may allow registration plates to be
transferred to another vehicle upon receipt of an application
therefor together with payment of a plate transfer fee under ORS
803.575 in addition to { - the regular - } { + any
required + } registration fee. { + Except as provided in
subsection (4) of this section, + } the department shall refuse
to transfer registration plates under this subsection if the
department determines that the plates are not from a current
issue of registration plates, are not customized registration
Enrolled House Bill 2137 (HB 2137-BCCA) Page 5
plates described under ORS 805.240 or are so old, damaged,
mutilated or otherwise rendered illegible as to be not useful for
purposes of identification.
(2) The owner of a registered vehicle to which a plate is
assigned may replace a registration plate that is illegally
altered or that is lost, destroyed or mutilated in a manner that
renders illegible any identification on the plate. The following
apply to this subsection:
(a) To replace a plate under this subsection, the owner must
apply to the department for replacement of the damaged or lost
plate in a form prescribed by the department and pay the
replacement plate fee established under ORS 803.575.
(b) The application must state the facts of the damage,
destruction or loss of the plate.
(c) The department, in lieu of replacement, may issue duplicate
plates for the same fee as charged for replacements.
(d) The plates issued under this subsection are valid only for
the period of the plates replaced.
(3) This section does not apply to special interest
registration plates approved under ORS 805.210.
{ + (4) Notwithstanding subsection (1) of this section,
Oregon Trail plates may be transferred from vehicle to vehicle
after the department stops issuing the plates as long as the
plates are not so old, damaged, mutilated or otherwise rendered
illegible as to be not useful for purposes of identification. + }
SECTION 4. ORS 803.625 is amended to read:
803.625. (1) The holder of a current, valid vehicle dealer
certificate issued under ORS 822.020 may issue temporary permits
for the operation of vehicles or the transporting of a camper
pending the receipt of permanent registration { - plates - }
from the department.
(2) Forms for temporary permits issued under this section shall
be furnished and, subject to ORS 803.640, prescribed by the
department.
(3) The department shall specify, by rule, the procedures to be
followed by persons issuing and using temporary permits issued
under this section. Persons violating rules established by the
department under this subsection are subject to penalty under ORS
803.630 and 803.635.
SECTION 5. ORS 805.060 is amended to read:
805.060. (1) The Department of Transportation may issue
registration plates or other evidence of registration from any
regular series rather than from any specially designed government
series for a vehicle operated by a federal, state, county, city
or Indian tribal law enforcement, parole or probation agency in
discharging its undercover criminal investigation duties if
requested to do so by the agency. The registration period for a
vehicle described under this section shall be the same as the
regular registration period for the type of vehicle registered.
The fee for registration or renewal of registration of a vehicle
under this section shall be the fee established for registration
or renewal of police undercover vehicles under ORS 803.420.
(2) Any vehicle registered under this section and not exempt
from the requirements to comply with certificates of compliance
for pollution control equipment by ORS 815.300, must be certified
{ - annually - } as complying with the requirements for
pollution control equipment under ORS 815.310.
SECTION 6. ORS 806.190 is amended to read:
806.190. (1) Every insurance carrier or insurance agent that
issues property and casualty insurance policies, as defined in
Enrolled House Bill 2137 (HB 2137-BCCA) Page 6
ORS chapter 731, in this state shall report to the Department of
Transportation any person the carrier or agent has reason to
believe is involved in an accident while the person is operating
a vehicle in violation of ORS 806.010. The carrier or agent shall
make the report required by this section whether or not the
accident:
(a) Is a reportable accident under ORS 811.720; or
(b) Occurred on a highway or on any other { - public or
private property - } { + premises open to the public + }.
(2) No civil liability shall accrue to a carrier or agent or
any of its employees for reports made to the department under
this section when the reports are made in good faith.
SECTION 7. ORS 811.720 is amended to read:
811.720. (1) { + Except as provided in subsection (3) of this
section, + } any accident occurring on a highway or upon premises
open to the public resulting in injury or death to any person or
damage to the property of any person in excess of $1,000 is
subject to the reporting requirements under the following
sections:
(a) The reporting requirements for drivers under ORS 811.725.
(b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
(c) The reporting requirements for owners of vehicles under ORS
811.730.
(2) The dollar amount specified in subsection (1) of this
section may be increased every five years by the Department of
Transportation based upon any increase in the { - Portland - }
{ + Portland-Salem + } Consumer Price Index for All Urban
Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its
successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest
{ - 100 dollars - } { + $100 + }.
{ + (3) Operators of snowmobiles, Class I all-terrain
vehicles or Class III all-terrain vehicles are exempt from the
reporting requirements of this section. + }
SECTION 8. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
Enrolled House Bill 2137 (HB 2137-BCCA) Page 7
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415 and amounts transferred to
the State Aviation Account by ORS 319.417.
(c) After deduction of current expenses of collection and
transfer, the department shall pay moneys collected from the
Motor Vehicle Accident Fund eligibility fee under ORS 807.040,
807.150 and 807.370, to the State Treasurer for deposit to the
credit of the Motor Vehicle Accident Fund. The department shall
pay the moneys under this paragraph on a monthly basis.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(e) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(f) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(g) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(h) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund.
(i) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Safety Education Fund eligibility fee under ORS 807.040,
807.150 and 807.370 to the State Treasurer for deposit in the
Safety Education Fund established under ORS 802.155.
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
Enrolled House Bill 2137 (HB 2137-BCCA) Page 8
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain $2,500 per year as the only
payment for the administrative expenses of collecting and
transferring of moneys for the Motor Vehicle Accident Fund as
allowed under this section.
(e) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
{ + (f) The department shall pay its expenses for collecting
title, registration, exemption and trip permit fees for
manufactured structures and for the performance of its duties
required under ORS 820.500 to 820.580 from the fees collected for
such purposes. Except as provided in ORS 366.512, moneys from the
described fees that remain after payment of the department's
expenses shall be transferred to the State Highway Fund to be
used for the same purpose as any tax or excise levied on the
ownership, operation or use of a motor vehicle. + }
Enrolled House Bill 2137 (HB 2137-BCCA) Page 9
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining moneys shall, upon approval by the Winter
Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
{ - (b) Moneys received from the registration of snowmobiles
or under ORS 802.120 shall only be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefore by any means other than the exercise of eminent
domain, and for the enforcement of ORS 811.590, 821.100 to
821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to
821.300. - }
Enrolled House Bill 2137 (HB 2137-BCCA) Page 10
{ + (b) Moneys received from the registration of snowmobiles
or under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.300. + }
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 9. ORS 802.120 is amended to read:
802.120. (1) Motor vehicle fuel used and purchased for
providing the motive power for snowmobiles shall be considered a
nonhighway use of fuel.
{ - (2) Persons who purchase and use motor vehicle fuel to
provide the motive power for snowmobiles are not entitled under
ORS chapter 319 to a refund of excise tax paid on motor vehicle
fuel under that chapter. - }
{ - (3) - } { + (2) + } The Director of Transportation
shall withhold, from taxes collected under ORS chapter 319 during
June of each year, amounts the director determines to have been
paid as tax under ORS chapter 319 on fuel used in snowmobiles
during the preceding 12-month period ending June 30 { + and that
were not refunded + }.
{ - (4) - } { + (3) + } Moneys withheld by the director
under this section are subject to disposition as provided in ORS
802.110.
{ - (5) - } { + (4) + } The director shall do all of the
following:
(a) Establish a reasonable manner to determine the amount of
money to be withheld under this section from the tax on motor
vehicle fuels under ORS chapter 319.
(b) Determine the amount or proportion of moneys to be withheld
under this section at least once each four years.
(c) Report the manner used to determine the amount of money
withheld under this section to the Legislative Assembly at the
end of each four-year period.
SECTION 10. ORS 811.170 is amended to read:
811.170. (1) A person commits the offense of violation of the
open container law in a motor vehicle if the person does any of
the following:
(a) Drinks any alcoholic liquor in a motor vehicle when the
vehicle is upon a highway.
(b) Possesses on one's person, while in a motor vehicle upon a
highway, any bottle, can or other receptacle containing any
Enrolled House Bill 2137 (HB 2137-BCCA) Page 11
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed.
(c) Keeps in a motor vehicle when the vehicle is upon any
highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed. The following
apply to this paragraph:
(A) This paragraph applies only to the registered owner of any
motor vehicle or, if the registered owner is not then present in
the vehicle, to the driver of the vehicle.
(B) This paragraph does not apply if the bottle, can or other
receptacle is kept in the trunk of the vehicle, or kept in some
other area of the vehicle not normally occupied by the driver or
passengers if the vehicle is not equipped with a trunk.
(C) For purposes of this paragraph, a utility compartment or
glove compartment is considered within the area occupied by the
driver and passengers.
(D) This paragraph does not apply to the living quarters of a
camper or motor home.
(2) The offense described in this section does not apply to
{ - a motor vehicle operated by a publicly owned transit system
or - } { + passengers in + } a motor vehicle operated by a
common carrier and used primarily to carry passengers for hire.
(3) The offense described in this section, violation of the
open container law in a motor vehicle, is a Class B traffic
violation.
SECTION 11. ORS 811.602 is amended to read:
811.602. (1) A disabled person parking permit is a means of
identifying vehicles being used to exercise the parking
privileges described in ORS 811.635. The following are disabled
person parking permits:
(a) A special decal described in ORS 811.605 issued by the
Department of Transportation to be affixed to a golf cart or
substantially similar vehicle;
(b) An individual placard described in ORS 811.605;
(c) A program placard issued by the department under ORS
811.607; and
(d) A family placard issued by the department under ORS
811.609.
(2) The department shall issue a disabled person parking permit
in the form of a decal or individual placard to any person who
submits an application that complies with ORS 811.604. Nothing in
this section prohibits the department from issuing a decal or
individual placard to a person who has disabled veteran
registration plates issued under ORS 805.100 and who qualifies
for the decal or placard.
(3) Except as otherwise provided in this subsection, the
department may not issue more than one individual placard to an
applicant. The department may issue a replacement placard upon
receipt of proof satisfactory to the department that the original
placard has been lost, mutilated or destroyed. The department may
issue a temporary duplicate permit to a person who needs a
duplicate permit for travel purposes. A temporary duplicate
permit shall be valid for 30 days. The department shall adopt
rules governing application for and issuance of temporary
duplicate permits. Nothing in this subsection prohibits issuance
of an individual placard to a person who has been issued a decal.
(4) Permits issued under this section, other than temporary
duplicate permits, may be renewed by mail.
Enrolled House Bill 2137 (HB 2137-BCCA) Page 12
(5) Permits for use on vehicles that are regularly used as part
of a program for the transportation of disabled persons are
issued as provided in ORS 811.607.
{ - (6) Fees for issuance of any decal or placard under this
section are as provided in ORS 811.640. - }
{ - (7) - } { + (6) + } The department shall determine the
form, size and content of any decal or placard issued under this
section and shall adopt rules governing their issuance, display
and use as necessary to carry out this section.
SECTION 12. ORS 811.603 is amended to read:
811.603. (1) The Department of Transportation shall issue an
identification card without a photograph to an applicant for a
disabled person parking permit if the applicant does not have a
driver license or permit or an identification card issued by the
department under ORS 807.400 and if the applicant submits a
statement from a physician that it would be impractical or
harmful to the applicant, because of medical or physical
condition, to appear at an office of the department and be
photographed for an identification card.
(2) The department shall determine by rule the terms,
conditions { - , fees - } and requirements of an identification
card issued under this section except that the department may not
require either that an applicant appear personally in order to
receive or renew a card or that the card contain a photograph.
SECTION 13. ORS 811.604 is amended to read:
811.604. (1) Application for issuance of a disabled person
parking permit in the form of an individual placard or decal
issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department
of Transportation that the applicant is a disabled person or a
certificate by a licensed optometrist that the applicant is a
disabled person because of loss of vision or substantial loss of
visual acuity or visual field beyond correction; { + and + }
(b) The number of a current, valid driver license, golf cart
driver permit or identification card issued to the applicant by
the department { - ; and - }
{ - (c) The fee established in ORS 811.640 - } .
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying
that the person is still qualified to hold the permit.
SECTION 14. ORS 811.606 is amended to read:
811.606. The Department of Transportation may issue a placard
with identifying information and showing an expiration date not
to exceed six months after the date of issuance for use by
temporarily disabled persons upon submission by the applicant of
a certificate described in ORS 811.604 except that it certifies
that the applicant is temporarily disabled for less than four
years { - , accompanied by the fee as provided under ORS
811.640 - } . An applicant for a temporary permit need not have a
driver license, permit or identification card. { - The fees
collected under this section shall be deposited to the credit of
the Department of Transportation Driver and Motor Vehicle
Suspense Account. - }
SECTION 15. ORS 811.607, as amended by section 4, chapter 91,
Oregon Laws 1999, is amended to read:
811.607. The Department of Transportation shall issue disabled
person parking permits in the form of program placards for use on
vehicles that are regularly used as part of a program for the
transportation of disabled persons or by an adult foster care
Enrolled House Bill 2137 (HB 2137-BCCA) Page 13
home. All the following apply to placards issued under this
section:
(1) The department shall determine the form, size and content
of the placards except that the department shall require that a
placard contain the name of the program holding the placard and
the department shall require that the expiration date of a
placard be visible when the placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a
period of eight years from the date of issue. Upon expiration,
placards may be renewed in a manner determined by the department
by rule. The department shall authorize renewal by mail of
placards issued under this section.
(3) The department shall determine by rule how programs for the
transportation of disabled persons may qualify vehicles for
placards issued under this section.
{ - (4) Fees for issuance, renewal and replacement of a
placard under this section are as provided in ORS 811.640. - }
SECTION 16. ORS 811.609, as amended by section 5, chapter 91,
Oregon Laws 1999, is amended to read:
811.609. The Department of Transportation shall issue disabled
person parking permits in the form of family placards for use on
vehicles that are regularly used by a family that includes more
than one disabled person. All the following apply to placards
issued under this section:
(1) The department shall determine the form, size and content
of the placards except that the department shall require that a
placard contain the name of the family holding the placard and
the department shall require that the expiration date of a
placard be visible when the placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a
period of eight years from the date of issue. Upon expiration,
placards may be renewed in a manner determined by the department
by rule.
(3) The department shall not issue or renew a placard under
this section unless a licensed physician certifies that the
family includes at least two disabled persons.
{ - (4) Fees for issuance, renewal and replacement of a
placard under this section are as provided in ORS 811.640. - }
SECTION 17. ORS 811.611 is amended to read:
811.611. (1) The Department of Transportation may issue a
disabled person parking permit in the form of a placard to a
person who is visiting from a foreign country if the person
presents to the department either a valid driver license or other
grant of driving privileges from the foreign country or a
passport or visa showing that the person is a visitor to the
United States and presents one of the following:
(a) A valid disabled person parking permit issued by the
country that issued the visitor's passport or visa;
(b) A certificate from an official of the agency that issues
disabled person parking permits in the country that issued the
visitor's passport or visa certifying that the person holds a
valid disabled person parking permit; or
(c) A certificate from a licensed physician, a certified nurse
practitioner or a licensed physician assistant addressed to the
Department of Transportation certifying that the applicant is a
disabled person, or a certificate from a licensed optometrist
certifying that the applicant is a disabled person because of
loss of vision or substantial loss of visual acuity or visual
field beyond correction.
Enrolled House Bill 2137 (HB 2137-BCCA) Page 14
(2) A disabled person parking permit issued under this section
is valid for 30 days.
{ - (3) Fees for issuance or replacement of a disabled person
parking permit under this section shall be as provided in ORS
811.640. - }
SECTION 18. { + ORS 811.640 and 821.300 are repealed. + }
SECTION 19. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
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Passed by House March 16, 2001
Repassed by House June 30, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 17, 2001
Repassed by Senate July 2, 2001
...........................................................
President of Senate
Enrolled House Bill 2137 (HB 2137-BCCA) Page 15
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2137 (HB 2137-BCCA) Page 16