75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2132
House Bill 3050
Sponsored by Representative BERGER; Representatives BOONE, CLEM,
THATCHER, WHISNANT, Senators MONROE, TELFER
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.
Directs Department of Transportation to establish education
registration plate program. Imposes $35 surcharge per year of
registration. Directs that moneys from surcharge on registration
plate be transferred to qualified education foundation in each
school district and if no foundation exists, then to school
district.
Directs Oregon Transportation Commission to conduct contest for
design of education registration plate.
Appropriates moneys from General Fund to department for purpose
of initiating education registration plate program.
Authorizes department to offer four special registration plates
at one time.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to education registration plates; creating new
provisions; amending ORS 805.202; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) The Department of Transportation shall
establish an education registration plate program to issue
special registration plates called 'education registration
plates' upon request to owners of motor vehicles registered under
ORS 803.420 (1) to observe the importance of education to Oregon.
In addition, the department may adopt rules for issuance of
education registration plates for vehicles not registered under
ORS 803.420 (1).
(2) In addition to any other fee authorized by law, for each
education registration plate issued under subsection (1) of this
section, the department shall collect a surcharge of $35 per year
of registration 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 section 3 of this 2009 Act.
(3) Notwithstanding ORS 803.530, education registration plates
may be transferred from vehicle to vehicle if the department
stops issuing the plates, as long as the plates are not too old,
damaged, mutilated or otherwise rendered illegible to be useful
for purposes of identification. + }
SECTION 3. { + (1) As used in this section:
(a) 'Cost of administration of the education registration plate
program' means the sum of all Department of Transportation
expenses for the issuance or transfer of education registration
plates under section 2 of this 2009 Act, including but not
limited to the costs of collecting the education registration
plate surcharge and transferring education registration plates
that are above the normal costs of issuing, renewing and
transferring registration plates in the normal course of the
business of the department.
(b) 'Qualified education foundation' means an entity:
(A) That is exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code;
(B) To which persons may make contributions that are deductible
under section 170 of the Internal Revenue Code in computing
taxable income;
(C) That distributes at least 90 percent of all moneys
contributed to the entity during a calendar year to public
schools or to both public and private schools providing
kindergarten through grade 12 education and located in this
state;
(D) That makes distributions to public schools or to multiple
public and private schools in a way that does not discriminate on
the basis of race, religion, ethnicity or national origin;
(E) That ensures that no contributor, or relative of a
contributor, may directly benefit from a contribution to the
entity; and
(F) That ensures that distributions do not aid the religious
functions of any institution eligible to receive distributions.
(2)(a) After deduction of the cost of administration of the
education registration plate program, moneys from the surcharge
imposed by section 2 of this 2009 Act shall be transferred to the
Department of Education.
(b) Except as provided in paragraphs (c) and (d) of this
subsection, the Department of Education shall distribute the
funds the department receives from the Department of
Transportation under paragraph (a) of this subsection to each
school district. The funds shall be distributed to school
districts according to the weighted average daily membership
(ADMw) for the prior fiscal year as calculated under ORS 327.013.
The Department of Education shall establish by rule a methodology
for distributing a proportionate share of funds under this
paragraph to each school district.
(c) If a qualified education foundation is operating within a
school district, the Department of Education shall distribute the
moneys that would have been distributed to the school district to
the qualified education foundation.
(d) If more than one qualified education foundation exists in a
school district, the Department of Education shall distribute the
moneys that would have been distributed to the school district to
each qualified education foundation in equal amounts. + }
SECTION 4. { + The Oregon Transportation Commission shall
conduct a contest for the design of the education registration
plate issued under section 2 of this 2009 Act. The contest shall
be held in the following manner:
(1) The commission shall conduct a statewide publicity campaign
to inform people of the education registration plate contest.
(2) Designs submitted for the contest must:
(a) Contain the word 'Oregon' and depict an aspect of
education;
(b) Fit on a registration plate that is the same size as those
currently in use; and
(c) Use no more than four colors.
(3) The commission shall choose a panel of seven judges for the
contest. Of the members of the panel, two shall be artists or
graphic artists and two shall be traffic officers employed by a
police agency.
(4) The panel of judges shall choose from among the entries
five designs that they shall then forward to the commission. The
commission, in consultation with the Department of Education,
shall choose the winning design from among the five forwarded to
the commission by the panel of judges.
(5) The contest shall be concluded and the winning design
chosen by June 1, 2010. The commission shall forward the winning
design to the Department of Transportation.
(6) Except as otherwise required by the design chosen,
education registration plates shall comply with the requirements
of ORS 803.535. + }
SECTION 5. { + (1) There is appropriated to the Department of
Transportation, for the biennium beginning July 1, 2009, out of
the General Fund, the amount of $_______ for the purpose of
initiating the education registration plate program established
under section 2 of this 2009 Act, including but not limited to
the education registration plate design, computer programming and
production setup. Any portion of the appropriation not used for
initiating the education registration plate program shall be
transferred to the account described in subsection (2) of this
section.
(2) Notwithstanding section 3 of this 2009 Act, after deduction
of the cost of administration of the education registration plate
program, as defined in section 3 of this 2009 Act, the department
shall transfer the moneys from the surcharge imposed by section 2
of this 2009 Act to a special account in the General Fund until
sufficient funds have accumulated for the purpose described in
subsection (3) of this section.
(3) When the department determines that moneys in sufficient
amount are available in the account described in subsection (2)
of this section, but no later than June 30, 2011, the department
shall reimburse the General Fund, without interest, in an amount
equal to the amount appropriated from the General Fund under
subsection (1) of this section. The moneys used to reimburse the
General Fund under this subsection may not be considered a budget
item on which a limitation is otherwise fixed by law, but shall
be in addition to any specific biennial appropriation or amount
authorized to be expended from continuously appropriated moneys
for any biennial period.
(4) Any moneys remaining in the account described in subsection
(2) of this section after the reimbursement required under
subsection (3) of this section shall be transferred to school
districts and qualified education foundations as provided in
section 3 of this 2009 Act. + }
SECTION 6. ORS 805.202 is amended to read:
805.202. (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 plate issued under ORS 805.105 or 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 - } { + four + }
kinds of special registration plates at any one time. At any time
the department is offering { - three - } { + four + } 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 7. { + 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 July 1,
2009. + }
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