Chapter 621 Oregon Laws 2009

 

AN ACT

 

HB 2569

 

Relating to registration plates; creating new provisions; amending ORS 805.205; and declaring an emergency.

 

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

 

          SECTION 1. Section 2 of this 2009 Act is added to and made a part of the Oregon Vehicle Code.

 

          SECTION 2. (1) As used in this section, “honorary consul” means a resident of Oregon who has been duly appointed by a foreign country as an honorary consular officer to the United States, pursuant to the Vienna Convention on Consular Relations.

          (2) Upon application by an honorary consul who qualifies under this section, the Department of Transportation shall issue consular corps registration plates for use on the motor vehicle of the honorary consul. Registration plates issued under this section may be displayed on the vehicle of the honorary consul in lieu of regular registration plates issued under the vehicle code.

          (3) The following apply to registration plates issued under this section:

          (a) The plates shall be considered customized plates for purposes of the fee in ORS 805.250.

          (b) The plates shall be assigned to a specific vehicle.

          (c) The plates may not be transferable from vehicle to vehicle, except as provided by the department by rule.

          (d) The plates shall be valid for the term in which the person is acting in the official capacity of honorary consul for a foreign consulate. If the term of honorary consul continues into a new registration period, the department may provide for validation of the plates for the subsequent term by means of a sticker or by any other means the department determines convenient.

          (e) The person to whom the plates are issued may retain the plates after the official term of honorary consul is over, but the plates may not be valid if displayed on any vehicle when the term of honorary consul has ended and the person is no longer appointed as an honorary consul.

          (4) To qualify for consular corps registration plates, the person must provide the department with proof that the person is appointed by a government as an honorary consul and is acting in that capacity.

          (5) The department shall adopt rules necessary to carry out the purposes of this section.

 

          SECTION 3. ORS 805.205 is amended to read:

          805.205. (1) The Department of Transportation shall provide for issuance of registration plates described in subsections (3) and (7) of this section for nonprofit groups meeting the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code and for institutions of higher education. 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 to file an annual statement on a form designed by the department showing that the group is a nonprofit group or is an institution of higher education and that the group or institution 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 institution or of other persons authorized to speak for the group or institution on matters affecting plates issued under this section.

          (2)(a) Except as otherwise provided in paragraphs (b) and (c) 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. The surcharge shall be determined by the department by rule and may not be less than $2.50 per plate and not more than $16 per plate. In setting the amount of the surcharge, the department shall consult with the nonprofit group for which the plates are issued.

          (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.

          (c) In addition to any other fee authorized by law, upon issuance of a Share the Road registration plate, as described in subsection (7) of this section, the department shall collect a surcharge of $5 per year of registration.

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

          (a) 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; or

          (b) If the group requesting the plates is a group that recognizes fallen public safety officers, the plates shall, upon request, contain a decal that indicates the plates are issued to recognize fallen public safety officers.

          (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. If the department does not sell or issue renewal for 500 sets of plates for a particular group 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 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 Share the Road registration plates shall be deposited into two accounts designated by the Bicycle Transportation Alliance and Cycle Oregon. The department shall evenly distribute the net proceeds to each account. Deposits under this paragraph shall be made at least quarterly. At any time that the department determines that the accounts designated by the Bicycle Transportation Alliance and Cycle Oregon cease to exist, the department may deposit the proceeds into the [Environmental Quality Information] Passenger Rail Transportation Account established under ORS 802.100.

          (7) Notwithstanding subsection (3) of this section, the department shall design a Share the Road registration plate in consultation with the Bicycle Transportation Alliance and Cycle Oregon.

 

          SECTION 4. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

 

Approved by the Governor June 26, 2009

 

Filed in the office of Secretary of State June 26, 2009

 

Effective date June 26, 2009

__________