Chapter 409 Oregon Laws 2003

AN ACT

SB 508

Relating to special registration plates; creating new provisions; and amending ORS 803.530, 805.205, 805.206, 805.255, 805.260 and 805.263.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 2. (1) As used in this section, “special registration plate” means a registration plate issued by the Department of Transportation:

(a) For which a surcharge is imposed in order to raise money for an entity other than the department;

(b) That is not a group plate issued under ORS 805.205;

(c) That is not an elected official plate issued under ORS 805.220; and

(d) That is not a customized plate issued under ORS 805.240.

(2) The Legislative Assembly may not require the Department of Transportation to offer more than three kinds of special registration plates at any one time. At any time the department is offering three kinds of special registration plates, any bill enacted by the Legislative Assembly that requires the department to issue a new kind of special registration plate shall include a provision requiring the department to eliminate at least one kind of special registration plate.

(3) When the department eliminates a kind of special registration plate in accordance with the provisions of a law described in subsection (2) of this section, the department shall continue to issue the plate until the new plate is available. When the new plate is available, the department shall destroy the remaining stock of the eliminated plate.

SECTION 3. ORS 805.205 is amended to read:

805.205. (1) The Department of Transportation by rule shall provide for issuance of registration plates described in subsection (3) of this section for nonprofit groups meeting the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code, for institutions of higher education and for veterans’ organizations. The department shall also provide, upon request from a veterans’ group or the Director of Veterans’ Affairs, for issuance of a veterans’ recognition registration plate that may be issued only to veterans. Plates issued under this section may be issued to owners of [motor homes, travel trailers and] motor vehicles registered under the provisions of ORS 803.420 (1). Plates issued under this section may not contain expressions of political opinion or religious belief. Rules adopted under this section shall include, but need not be limited to, rules that:

(a) Describe general qualifications to be met by any group in order to be eligible for plates issued under this section.

(b) Specify circumstances under which the department may cease to issue plates for any particular group.

(c) Require each group for which plates are issued, other than a group or the Director of Veterans’ Affairs requesting a veterans’ recognition plate, to file an annual statement on a form designed by the department showing that the group is a nonprofit group or an institution of higher education and otherwise meets the qualifications imposed for eligibility for plates issued under this section. The statement shall include names and addresses of current directors or officers of the group or of other persons authorized to speak for the group or institution on matters affecting plates issued under this section.

(d) Require proof of veteran status for issuance of a veterans’ recognition plate and specify what constitutes proof.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, in addition to any other fee authorized by law, upon issuance of a plate under this section and upon renewal of registration for a vehicle that has plates issued under this section, the department shall collect a surcharge of $2.50 per plate for each year of the registration period.

(b) In addition to any other fee authorized by law, upon issuance of a plate under this section that recognizes an institution of higher education in this state, and upon renewal of registration for a vehicle that has such plates, the department shall collect a surcharge of $8 per plate for each year of the registration period.

(3) Plates issued under this section shall be from the current regular issue of plates except that:

(a) In consultation with the group or the Director of Veterans’ Affairs requesting the plates, the department shall add words to the plate that name or describe the group or veterans recognized.

(b) If the group or the Director of Veterans’ Affairs requesting the plates represents persons who have been awarded the Purple Heart medal, the plates shall contain an image of the medal.

(c) If the group requesting the plates is an institution of higher education, the plates shall, upon request, contain words that indicate the plates are issued to recognize the institution or shall contain the institution’s logo or an image of the institution’s mascot.

(4)[(a)] Except as otherwise required by the design chosen, the plates shall comply with the requirements of ORS 803.535. [At least 50] The department shall determine how many sets of plates shall be manufactured for each group approved under this section or for the Director of Veterans’ Affairs. If the department does not sell or issue renewal for [50] 500 sets of plates for a particular group or for the Director of Veterans’ Affairs in any one year, the department shall cease production of those plates.

[(b) Notwithstanding ORS 803.530, upon transfer of a vehicle for which veterans’ recognition plates have been issued under this section, if the person to whom the plates were issued does not transfer the plates to another vehicle, the plates shall be returned to the department.]

(5) Except as otherwise provided in subsection (6) of this section, each group that is found by the department to be eligible for plates issued under this section may designate an account into which the net proceeds of the surcharge collected by the department under subsection (2) of this section are to be deposited. The department shall keep accurate records of the number of plates issued for each group that qualifies. After payment of administrative expenses of the department, moneys collected under this section for each group shall be deposited by the department into an account specified by that group. If any group does not specify an account for the moneys collected from the sale of plates issued under this section, the department shall deposit moneys collected for those plates into the Environmental Quality Information Account established under ORS 802.100 to be used as other moneys in the account are used. Deposits under this subsection shall be made at least quarterly.

(6)(a) Each institution of higher education that requests a plate under this section shall designate an account in the general fund of the institution, and the proceeds in the account shall be used for the purpose of academic enrichment at the institution.

(b) Net proceeds of the surcharge collected by the department for the veterans’ recognition plate shall be deposited in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon Veterans’ Home. Deposits under this paragraph shall be made at least quarterly.

SECTION 4. ORS 805.206 is amended to read:

805.206. (1) A group, institution or organization that requests issuance of a plate under ORS 805.205 shall pay to the Department of Transportation an application fee of $10,000 in addition to all of the department’s anticipated costs of adding the group to the program. The department may not begin creating or issuing the plates until the application fee and anticipated costs are paid. If 1,000 sets of the plates are purchased in the first 12 months that the plates are available, the department shall refund the application fee. For purposes of this section, costs of adding a new group include, but are not limited to, computer programming costs and vendor set-up fees.

(2) If the Director of Veterans’ Affairs requests issuance of a plate under ORS 805.205, the director shall pay to the department the application fee and all of the department’s anticipated costs of issuance of the plate from grants, donations and gifts accepted by the Director of Veterans’ Affairs under ORS 406.050 that are expendable for the purpose of issuance of a veterans’ recognition registration plate.

SECTION 5. ORS 805.255 is amended to read:

805.255. (1) The Department of Transportation shall establish a salmon [license] registration plate program to issue special registration plates called “salmon [license] registration plates” upon request to owners of [motor homes, travel trailers and] motor vehicles registered under the provisions of ORS 803.420 (1) to observe the importance of salmonid to Oregon. In addition, the department may adopt rules for issuance of salmon [license] registration plates for vehicles not registered under the provisions of ORS 803.420 (1).

(2) In addition to any other fee authorized by law, for each salmon [license] registration plate issued under subsection (1) of this section, the department shall collect a surcharge of $7.50 for each year of the registration period, payable when the plate is issued and upon each subsequent renewal of registration of a vehicle bearing the plate. The department shall distribute the surcharge as provided in ORS 805.256.

[(3) Notwithstanding ORS 803.530, salmon license plates may be transferred from vehicle to vehicle if the department stops issuing the plates so long as the plates are not so old, damaged, mutilated or otherwise rendered illegible as to be not useful for purposes of identification.]

SECTION 6. ORS 805.263 is amended to read:

805.263. (1) [Beginning as soon as possible after July 20, 2001,] The Department of Transportation shall establish a Crater Lake National Park registration plate program to issue special registration plates called “Crater Lake National Park registration plates” upon request to owners of [motor homes or travel trailers and] motor vehicles registered under the provisions of ORS 803.420 (1) to commemorate the 100th anniversary of Crater Lake National Park. The department may adopt rules for issuance of Crater Lake National Park registration plates for vehicles that are not [motor homes or travel trailers and are not] registered under the provisions of ORS 803.420 (1).

(2) In addition to any other fee authorized by law, for each Crater Lake National Park registration plate issued under subsection (1) of this section, the department shall collect a surcharge of $10 payable when the plate is issued. The department shall distribute the surcharge as provided in ORS 805.264.

[(3) Notwithstanding ORS 803.530, Crater Lake National Park registration plates may be transferred from vehicle to vehicle if 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 7. ORS 805.260 is amended to read:

805.260. (1) The Department of Transportation shall establish a cultural registration plate program to issue special registration plates called “cultural registration plates” upon request to owners of [motor homes, travel trailers and] motor vehicles registered under the provisions of ORS 803.420 (1) to observe the importance of culture to Oregon. In addition, the department may adopt rules for issuance of cultural registration plates for vehicles not registered under the provisions of ORS 803.420 (1).

(2) In addition to any other fee authorized by law, for each cultural registration plate issued under subsection (1) of this section, the department shall collect a surcharge of $15 payable when the plate is issued and upon each subsequent renewal of registration of a vehicle bearing the plate. The department shall distribute the surcharge as provided in ORS 805.261.

[(3) Notwithstanding ORS 803.530, cultural registration plates may be transferred from vehicle to vehicle if 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.]

[(4)] (3) The department, in consultation with the Trust for Cultural Development Board, shall design the cultural registration plates. The plates shall meet the requirements for registration plates described in ORS 803.535.

SECTION 8. 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 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 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.

(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 9. A person with a motor home or travel trailer that has registration plates issued under ORS 805.205, 805.255, 805.260 or 805.263 prior to the effective date of this 2003 Act may renew the plates. The person may transfer the plates only if the person requests that the plates be issued as customized registration plates under ORS 805.240.

Approved by the Governor June 17, 2003

Filed in the office of Secretary of State June 18, 2003

Effective date January 1, 2004

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