Chapter 667
AN ACT
HB 2982
Relating to registration fees; creating new provisions; amending ORS
366.157, 802.100, 802.110, 805.205 and 805.250; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 802.100 is amended to read:
802.100. The following
accounts are established separate and distinct from the General Fund for the
financial administration of those functions of the Department of Transportation
dealing with driver and motor vehicle services in accordance with ORS 802.110:
(1) The Department of
Transportation Driver and Motor Vehicle Suspense Account. The account
established under this subsection is a suspense account in the State Treasury
that is used to deposit moneys received by the department related to driver and
motor vehicle services and to make approved payments and disbursals of funds
before the department pays administrative expenses related to the provision of
driver and motor vehicle services. The department shall transfer the money that
is not to be used to make approved payments and disbursals from the account
established under this subsection and that remains in the account at the close
of business on the last day of each month to the Department of Transportation
Driver and Motor Vehicle Services Administrative Account on or before the 15th
day of the following month.
(2) The Department of
Transportation Driver and Motor Vehicle Services Administrative Account. The
account established under this subsection shall be used for the payment of
administrative expenses payable before money from the account is transferred to
the State Highway Fund. The department shall transfer the money that is not to
be used to make payments from the account established under this subsection and
that remains in the account at the close of business on the last day of each
month to the State Highway Fund on or before the 15th day of the following
month.
(3) [Environmental Quality Information Account.]
The Passenger Rail Transportation Account. The account established under
this subsection is a separate account in the State Treasury that shall be used
to deposit moneys received from the sale of customized registration plates
under ORS 805.240. Moneys in the account shall be used for [programs under ORS 366.157] passenger
rail programs. Moneys shall be deposited in the account after payment of
administrative expenses as provided under ORS 802.110.
(4) The Revolving
Account for Emergency Cash Advances. The account established under this
subsection is a separate account that shall be maintained for the payment of
emergency cash advances and taking up of dishonored remittances.
SECTION 2.
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, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to the Department
of Transportation Operating Fund by ORS 184.643.
(c) 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.
(d) 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.
(e) 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] Passenger Rail
Transportation 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] passenger rail programs.
(f) 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.
(g) 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, including
but not limited to, payments to the Department of Transportation Operating Fund
established by ORS 184.642 (1) and (2).
(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 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 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 821.290.
(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 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 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) Except as otherwise
required by the design chosen, the plates shall comply with the requirements of
ORS 803.535. 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 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.
(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] Passenger Rail Transportation 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 805.250 is amended to read:
805.250. This section
establishes fees for issuance of registration plates authorized under ORS
805.200. If a fee for plates authorized in ORS 805.200 is not established in
this section, the fee is the same fee as established under ORS 803.570. Where a
fee is established under this section, the fee is in addition to the fee
established under ORS 803.570 unless otherwise provided in the following:
(1) Amateur radio
operator registration plates issued under ORS 805.230, $5.
(2) Customized
registration plates issued under ORS 805.240:
(a) For original
issuance or renewal, $25 annual fee.
(b) For issuance of a
duplicate or replacement plate, $5 when the plate is issued at the time of
renewal of registration or $10 when the plate is issued at any other time.
(3) Special interest
registration plates approved under ORS 805.210 are approved without cost except
as provided in this subsection, including without payment of the fee
established under ORS 803.570. If identifying stickers are required, $1 per
sticker or pair of stickers.
(4) Dealer plates issued
under ORS 822.020 and 822.040 are as follows:
(a) For the original
dealer plate, no fee except the fee established under ORS 803.570.
(b) For replacement
dealer plates, $10 for each plate except that persons dealing exclusively in
motorcycles, mopeds, snowmobiles or any combination of those vehicles shall pay
only $3 for each replacement plate.
(c) For additional
plates, or for renewal of registration, $42, except that persons dealing
exclusively in motorcycles, mopeds or snowmobiles or any combination of those
vehicles shall pay only $9 for each additional plate, or for renewal of
registration.
(5) Special vehicle
transporter plates or devices issued under ORS 822.310, $5 for each plate or
device.
SECTION 5.
ORS 366.157 is amended to read:
366.157. The Department
of Transportation shall administer a program for the employment of youth in
the prevention and cleanup of litter and vandalism. [aimed toward prevention of vandalism and prevention and cleanup of
litter. The program may include public informational activities, but shall be
directed primarily toward encouraging and facilitating involvement of youth in
prevention of vandalism and litter and in litter cleanup work. Moneys for the
program are provided from the Environmental Quality Information Account
described under ORS 802.100.]
SECTION 6. On
the effective date of this 2007 Act:
(1) The Department of
Transportation shall transfer any unexpended balance in the Environmental
Quality Information Account to the Passenger Rail Transportation Account.
(2) The Environmental
Quality Information Account is abolished.
SECTION 7. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date July 1, 2007
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