Relating to Safety Education Fund eligibility fee; creating new provisions; amending ORS 802.110, 802.155, 807.040, 807.150 and 807.370; and declaring an emergency.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3134
 
                         House Bill 3065
 
Sponsored by COMMITTEE ON TRANSPORTATION
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Deletes requirement that person applying for issuance or
renewal of driver license pay Safety Education Fund eligibility
fee.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to Safety Education Fund eligibility fee; creating new
  provisions; amending ORS 802.110, 802.155, 807.040, 807.150 and
  807.370; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
  (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
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).
  (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.
  (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 2. ORS 802.155 is amended to read:
  802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. Moneys shall be paid
into the fund as provided in ORS 137.303   { - and 802.110 - } .
Interest earned by the fund shall be credited to the fund.
    { - (2) The moneys deposited in the Safety Education Fund
under ORS 802.110 are continuously appropriated to the office of
the Director of the Department of Transportation. The director
may enter into a contract with Oregon State University under
which moneys in the fund will be transferred to the university
for the Oregon Student Safety on the Move program. - }
    { - (3) - }  { +  (2) + } The moneys deposited in the Safety
Education Fund under ORS 137.303 are continuously appropriated to
the office of the manager of the Transportation Safety section of
the Department of Transportation to be used for safety education
programs:
 
 
  (a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college
ages;
  (b) That have been recipients of funds under 23 U.S.C. 402 for
at least three years;
  (c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded
under 23 U.S.C. 402; and
  (d) That operate statewide.
  SECTION 3. ORS 807.040 is amended to read:
  807.040. The Department of Transportation shall issue a driver
license to any person who complies with all of the following
requirements:
  (1) The person must complete application for a license under
ORS 807.050.
  (2) The person must not be ineligible for the license under ORS
807.060 and must be eligible for the license under ORS 807.062.
  (3) The person must successfully pass all examination
requirements under ORS 807.070 for the class of license sought.
  (4) The appropriate license fee under ORS 807.370 for the class
of license sought must be paid.
  (5) The Motor Vehicle Accident Fund eligibility fee  { - , - }
 { +  and + } the Student Driver Training Fund eligibility fee
 { - and the Safety Education Fund eligibility fee - }  must be
paid. The eligibility fees charged under this paragraph are
eligibility fees and are not in lieu of or part of any fee
required to be paid for the granting of driving privileges.
  (6) If the application is for a commercial driver license, the
applicant must be the holder of a Class C license or any higher
class of license.
  (7) If the application is for a commercial driver license, the
applicant must submit to the department, in a form approved by
the department, the report of a medical examination that
establishes, to the satisfaction of the department, that the
applicant meets the medical requirements for the particular class
of license. The department, by rule, shall establish medical
requirements for purposes of this subsection. The medical
requirements established under this subsection may include any
requirements the department determines are necessary for the safe
operation of vehicles permitted to be operated under the class of
license for which the requirements are established.
  (8) If the application is for a commercial driver license, the
applicant must have at least one year's driving experience.
  (9) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
  SECTION 4. ORS 807.150 is amended to read:
  807.150. (1) When a license expires or is about to expire, the
Department of Transportation shall renew the license under this
section if the holder of the license qualifies for renewal of the
license under this section and:
  (a) Applies for renewal within one year of the expiration of a
similar license under ORS 807.130; or
  (b) Applies for issuance of a license within six months after
the applicant is discharged from the Armed Forces of the United
States and was licensed by this state at the time of the
applicant's entry into the Armed Forces.
  (2) To qualify for renewal of a license under this section, a
person must meet all of the requirements under ORS 807.040 for
the class of license sought to be renewed, except that the
department may waive the examination under ORS 807.070 of a
person applying for renewal of a license unless the department
has reason to believe that the applicant is not qualified to hold
the license or unless the applicant for renewal has not
previously been examined.
 
  (3) To receive a renewal under this section, the license
renewal fee, the Motor Vehicle Accident Fund eligibility fee
 { - , - }  { +  and + } the Student Driver Training Fund
eligibility fee   { - and the Safety Education Fund eligibility
fee - }  under ORS 807.370 must be paid.
  (4) If a person who applies for a renewal under this section is
not qualified to renew the class of license sought to be renewed,
the department may issue the person any lower class of license
for which the person qualifies in lieu of renewing the person's
license for the class of license held by the person.
  (5) A license that is renewed under this section may be used on
or after the date of issuance. If the department issues a license
renewal to a person under this section before the expiration of
the license being renewed, the older license is invalid. A
license that becomes invalid under this subsection shall be
destroyed by the person to whom it was issued.
  (6) If the address of the applicant has changed since the last
time a license was issued to or renewed for the applicant, the
department shall require proof to verify the address of an
applicant for renewal of a license in addition to anything else
the department may require of the applicant.
  SECTION 5. ORS 807.370, as amended by section 2, chapter 91,
Oregon Laws 1999, and section 2, chapter 795, Oregon Laws 1999,
is amended to read:
  807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and indorsements:
  (1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
  (a) For issuance, $30.
  (b) For renewal fee under ORS 807.210, $18.
  (2) Emergency driver permit fee under ORS 807.220, $11.
  (3) Instruction driver permit issuance fee under ORS 807.280,
$13.
  (4) License issuance fee for a Class C license, $40.
  (5) License issuance fee for a restricted Class C license, $40.
  (6) License issuance fee for a commercial driver license,
whether or not the license contains indorsements, $50.
  (7) Test fees for a commercial driver license or permit:
  (a) To take the knowledge test for a Class A commercial license
or permit, $3.
  (b) To take the skills test for a Class A commercial license,
$56.
  (c) To take the knowledge test for a Class B commercial license
or permit, $3.
  (d) To take the skills test for a Class B commercial license,
$56.
  (e) To take the knowledge test for a Class C commercial license
or permit, $3.
  (f) To take the skills test for a Class C commercial license,
$56.
  (8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $33 in addition to the fee under
subsection (6) of this section.
  (9) For a farm indorsement, $26.
  (10) Test fees for the knowledge test for indorsements other
than motorcycle and farm indorsements:
  (a) For a hazardous materials indorsement, $3.
  (b) For a tank vehicle indorsement, $3.
  (c) For a passenger indorsement, $3.
  (d) For a trailer indorsement, $3.
  (11) Fee to take an airbrake knowledge test, $3.
  (12) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
  (13) License renewal fee for a commercial driver license, $28.
  (14) License renewal fee for a Class C license, $20.
  (15) License replacement fee under ORS 807.160, $11.
  (16) Motor Vehicle Accident Fund eligibility fee under ORS
807.040 and 807.150, $8.
  (17) Original indorsement issuance fee under ORS 807.170 for a
motorcycle indorsement, $46, in addition to any fees for the
indorsed license.
  (18) Permit replacement fee under ORS 807.220, 807.230, 807.280
and 807.290, $12.
  (19) Special student driver permit fee under ORS 807.230, $11.
  (20) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
  (21) Motorcycle Safety Subaccount fee as follows:
  (a) Upon original issuance of motorcycle indorsements under ORS
807.170, $28.
  (b) Upon renewal of a license with a motorcycle indorsement
under ORS 807.170, $28.
  (22) Probationary driver permit application fee under ORS
807.270, $38.
  (23) Probationary driver permit renewal fee under ORS 807.270,
$10.
  (24) Hardship driver permit application fee under ORS 807.240,
$38.
  (25) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $53.
  (26) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $53.
    { - (27) Safety Education Fund eligibility fee under ORS
807.040 and 807.150, 50 cents. - }
    { - (28) - }  { +  (27) + } Fee for reinstatement of right to
apply for driving privileges after a delay under ORS 809.280 (10)
(1997 Edition), the same as the fee for reinstatement of
suspended driving privileges.
  SECTION 6.  { + Moneys collected prior to the effective date of
this 2001 Act from the Safety Education Fund eligibility fee
shall be transferred as soon as possible after the effective date
of this 2001 Act in the same manner they would have been
transferred under ORS 802.155 (2) (1999 Edition). + }
  SECTION 7.  { + 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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