Bill Text: OR HB2502 | 2011 | Regular Session | Introduced

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Bill Title: Relating to vehicle registration plates; declaring an emergency.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2502 Detail]

Download: Oregon-2011-HB2502-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1405

                         House Bill 2502

Sponsored by Representative OLSON; Representatives FREEMAN,
  SPRENGER, THOMPSON (Presession filed.)

                             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 moneys received from sale of customized registration
plates to State Police Account.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to vehicle registration plates; creating new provisions;
  amending ORS 802.100, 802.110 and 805.205; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  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) 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
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 and
commercial driver training schools 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  { + and moneys not otherwise
designated and received from the sale of vehicle registration
plates issued under ORS 805.205 (5) and (6)  + }in the
 { - Passenger Rail Transportation - }  { +  State Police + }
Account  { + established under ORS 181.175 + }.   { - The moneys
placed in the account are continuously appropriated to the
department and shall be used for the payment of expenses incurred
in administering 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 may be used for development and maintenance of
multiuse trails within urban growth boundaries described in ORS
367.017 or 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 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 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 - }
 { + State Police Account established under ORS 181.175 + }.
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 - }  { +  shall + } deposit the proceeds
into the   { - Passenger Rail Transportation Account established
under ORS 802.100 - }  { +  State Police Account established
under ORS 181.175 + }.
  (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.  { + Moneys remaining in the Passenger Rail
Transportation Account before the effective date of this 2011 Act
shall be used for the purposes specified in ORS 802.100 as
amended by section 1 of this 2011 Act. + }
  SECTION 5.  { + The amendments to ORS 802.100, 802.110 and
805.205 by sections 1 to 3 of this 2011 Act apply to registration
plates issued or renewed on or after the effective date of this
2011 Act. + }
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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