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 2551
 
                           B-Engrossed
 
                         Senate Bill 508
                   Ordered by the House May 20
 Including Senate Amendments dated April 28 and House Amendments
                          dated May 20
 
Sponsored by Senator C 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.
 
  Authorizes Department of Transportation to issue special
registration plates. Limits department to offer no more than
three special registration plates at any one time. Requires
requester to pay refundable application fee before department
creates and issues special registration plate. { +  Prohibits
transferring certain special registration plates from vehicle to
vehicle. + }
 
                        A BILL FOR AN ACT
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.
  (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 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. + }
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