72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3184
 
                         House Bill 3231
 
Sponsored by Representative BROWN, Senator B STARR
 
 
                             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.
 
  Authorizes Department of Transportation to transfer some fees
collected for identification cards to Elderly and Disabled
Special Transportation Fund.
 
                        A BILL FOR AN ACT
Relating to fees collected by the Department of Transportation;
  amending ORS 184.642 and 391.800.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 184.642 is amended to read:
  184.642. (1) The Department of Transportation Operating Fund is
established in the State Treasury separate and distinct from the
General Fund and separate and distinct from the State Highway
Fund.  { + Except as otherwise provided in subsection (3)(e) of
this section, + } moneys in the Department of Transportation
Operating Fund are continuously appropriated to the Department of
Transportation to pay expenses of the department that are
incurred in the performance of functions the department is
statutorily required or authorized to perform and that may not
constitutionally be paid from revenues described in section 3a,
Article IX of the Oregon Constitution.
  (2) The operating fund shall consist of the following:
  (a) Taxes paid on motor vehicle fuels or on the use of fuel in
a motor vehicle for which a person is entitled to a refund under
a provision described in this paragraph but for which no refund
is claimed, in amounts determined under ORS 184.643. This
paragraph applies to refund entitlements described in ORS 319.280
(1)(a) and (e), 319.320 (1)(a) and 319.831 (1)(b).
  (b) Fees collected under ORS 822.700 for issuance or renewal
of:
  (A) Wrecker certificates;
  (B) Vehicle dealer certificates;
  (C) Driver training certificates;
  (D) Commercial driver training school certificates; and
  (E) Appraiser certificates.
  (c) Fees collected under ORS 822.705.
  (d) Moneys from civil penalties imposed under ORS 822.009 or
822.075.
  (e) Fees collected under ORS 807.410 for identification cards.
  (f) Fees collected by the department for issuance of permits to
engage in activities described in ORS 374.305 to 374.330 that are
not directly connected to the construction, reconstruction,
improvement, repair, maintenance, operation and use of a public
highway, road, street or roadside rest area.
  (g) Interest and other earnings on moneys in the operating
fund.
  (3) Moneys in the Department of Transportation Operating Fund
established by subsections (1) and (2) of this section may be
spent only as follows:
  (a) Taxes described in subsection (2)(a) of this section may be
used only for payment of expenses of the Department of
Transportation that:
  (A) May not constitutionally be paid from revenues described in
section 3a, Article IX of the Oregon Constitution;
  (B) Are incurred in the performance of functions the department
is statutorily required or authorized to perform; and
  (C) Are not payable from moneys described in paragraphs (b) to
(e) of this subsection.
  (b) Fees collected under subsection (2)(b) of this section may
be used only to carry out the regulatory functions of the
department relating to the businesses that generate the fees.
  (c) Fees collected under ORS 822.705 may be used only for the
purposes described in ORS 822.705.
  (d) Moneys collected from civil penalties imposed under ORS
822.009 or 822.075 may be used only for regulation of vehicle
dealers.
  (e) Moneys collected under ORS 807.410 from fees for
identification cards   { - may - }  { +  shall + } be used
 { - only - }  { +  first to pay the expenses of the
department + } for performing the functions of the department
relating to identification cards. { +  After paying the expenses
related to identification cards, the department shall transfer
the remaining moneys collected under ORS 807.410 to the Elderly
and Disabled Special Transportation Fund established in ORS
391.800. + }
  (f) Moneys from the permits described in subsection (2)(f) of
this section may be used for costs of issuing the permits and
monitoring the activities that generate the fees.
  (g) Moneys from interest and other earnings on moneys in the
operating fund may be used for any purpose for which other moneys
in the fund may be used.
  SECTION 2. ORS 391.800 is amended to read:
  391.800. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Elderly and
Disabled Special Transportation Fund. All moneys in the Elderly
and Disabled Special Transportation Fund are appropriated
continuously to the Department of Transportation for payment of
the department's administrative costs of the program and payment
to mass transit districts, transportation districts and counties
as provided in ORS 391.810.
  (2) The Elderly and Disabled Special Transportation Fund shall
consist of:
  (a) Moneys transferred to the fund under ORS  { + 184.642
and + } 323.455 (3);
  (b) Other moneys appropriated to the fund by the Legislative
Assembly; and
  (c) Moneys obtained from interest earned on the investment of
such moneys.
  (3) Moneys in the Elderly and Disabled Special Transportation
Fund, with the approval of the State Treasurer, may be invested
as provided by ORS 293.701 to 293.820, and the earnings from such
investments shall be credited to the Elderly and Disabled Special
Transportation Fund.
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