77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2836
Senate Bill 588
Sponsored by Senators ROBLAN, KRUSE, Representative KRIEGER;
Senators BAERTSCHIGER JR, BATES, BOQUIST, CLOSE, DEVLIN,
EDWARDS, FERRIOLI, GEORGE, GIROD, HANSELL, JOHNSON, KNOPP,
MONNES ANDERSON, MONROE, OLSEN, PROZANSKI, THOMSEN, WHITSETT,
WINTERS, Representatives BARKER, BOONE, BUCKLEY, CLEM, CONGER,
DOHERTY, ESQUIVEL, FREEMAN, GILLIAM, GORSEK, HUFFMAN, PARRISH,
SMITH, THATCHER, THOMPSON, WEIDNER (at the request of Keep
Oregon Green Association)
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.
Allows Department of Transportation to issue group registration
plate for group that promotes prevention of wildfires. Directs
State Forestry Department to seek approval from United States
Forest Service to use image of Smokey Bear on group plates.
Becomes operative on January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to group 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. ORS 805.205, as amended by section 68, chapter 37,
Oregon Laws 2012, is amended to read:
805.205. (1) The Department of Transportation shall provide for
issuance of registration plates described in subsections (3), (7)
and (8) 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
or 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 - } { + for a
group that promotes the prevention of wildfires or 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 { - . - } { + ; or
(c) If the group requesting the plates is a group that promotes
the prevention of wildfires, the plates must contain words that
promote the prevention of wildfires in Oregon. The plates must
also contain the image of Smokey Bear unless the department
determines that the image of Smokey Bear is not authorized by the
United States Forest Service. If the department determines at any
time that use of Smokey Bear's image is not authorized by the
United States Forest Service, the department may not issue the
plates. All fees required to be paid for use of the image of
Smokey Bear must be paid by the group requesting the plates. + }
(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 Passenger Rail
Transportation Account established under ORS 802.100.
(c) Net proceeds of the surcharge collected by the department
for Keep Kids Safe registration plates shall be deposited into an
account designated by the Children's Trust Fund of Oregon
Foundation to fund strategies and approaches shown to prevent or
reduce child abuse. Deposits made under this paragraph shall be
made at least quarterly. At any time that the department
determines that the account designated by the Children's Trust
Fund of Oregon Foundation ceases to exist, the department may
deposit the proceeds into the Passenger Rail Transportation
Account established under ORS 802.100 to be used as other moneys
in the account are used.
{ + (d) Net proceeds of the surcharge collected by the
department for group plates that promote the prevention of
wildfires in Oregon shall be deposited in an account designated
by the Keep Oregon Green Association or to its successor entity.
Deposits under this paragraph shall be made at least quarterly.
At any time that the department determines that the Keep Oregon
Green Association or the account designated by the association
ceases to exist and the department is not notified of a successor
entity or account, the department may not sell or renew plates
containing the image of Smokey Bear. + }
(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.
(8) Notwithstanding subsection (3) of this section, the
department shall design a Keep Kids Safe registration plate in
consultation with the Children's Trust Fund of Oregon Foundation
and the regional entity that provides services to children and
families in Deschutes County.
SECTION 2. ORS 805.205, as amended by sections 68 and 68a,
chapter 37, Oregon Laws 2012, is amended to read:
805.205. (1) The Department of Transportation shall provide for
issuance of registration plates described in subsections (3), (7)
and (8) 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
or 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 - } { + for a
group that promotes the prevention of wildfires or 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 { - . - } { + ; or
(c) If the group requesting the plates is a group that promotes
the prevention of wildfires, the plates must contain words that
promote the prevention of wildfires in Oregon. The plates must
also contain the image of Smokey Bear unless the department
determines that the image of Smokey Bear is not authorized by the
United States Forest Service. If the department determines at any
time that use of Smokey Bear's image is not authorized by the
United States Forest Service, the department may not issue the
plates. All fees required to be paid for use of the image of
Smokey Bear must be paid by the group requesting the plates. + }
(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 Passenger Rail
Transportation Account established under ORS 802.100.
(c) Net proceeds of the surcharge collected by the department
for Keep Kids Safe registration plates shall be deposited into an
account designated by the Children's Trust Fund of Oregon
Foundation to fund strategies and approaches shown to prevent or
reduce child abuse. Deposits made under this paragraph shall be
made at least quarterly. At any time that the department
determines that the account designated by the Children's Trust
Fund of Oregon Foundation ceases to exist, the department shall
deposit the proceeds into the Keep Kids Safe Registration Plate
Account established in section 68b, chapter 37, Oregon Laws 2012.
At the beginning of each biennium, the Early Learning Council
shall evenly distribute the moneys in the Keep Kids Safe
Registration Plate Account to the counties in this state, until
each county receives $1,000. After each county has received
$1,000, the council shall distribute any remaining moneys to each
county in an amount equal to the percentage of Keep Kids Safe
registration plates sold in that county. Each county shall use
the moneys received under this paragraph solely for the purpose
of funding strategies and approaches shown to prevent or reduce
child abuse.
{ + (d) Net proceeds of the surcharge collected by the
department for group plates that promote the prevention of
wildfires in Oregon shall be deposited in an account designated
by the Keep Oregon Green Association or to its successor entity.
Deposits under this paragraph shall be made at least quarterly.
At any time that the department determines that the Keep Oregon
Green Association or the account designated by the association
ceases to exist and the department is not notified of a successor
entity or account, the department may not sell or renew plates
containing the image of Smokey Bear. + }
(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.
(8) Notwithstanding subsection (3) of this section, the
department shall design a Keep Kids Safe registration plate in
consultation with the Children's Trust Fund of Oregon Foundation
and the regional entity that provides services to children and
families in Deschutes County.
SECTION 3. { + The State Forestry Department shall apply to
the United States Forest Service for permission to use the image
of Smokey Bear on registration plates for a group that promotes
the prevention of wildfires. If the State Forestry Department is
granted permission from the United States Forest Service to use
the image of Smokey Bear on registration plates, the State
Forestry Department shall notify the Department of Transportation
as soon as practicable. + }
SECTION 4. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 805.205 by sections 1 and 2
of this 2013 Act become operative January 1, 2014.
(2) The Department of Transportation may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by the amendments to ORS 805.205 by sections 1 and 2
of this 2013 Act. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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