Chapter 668 Oregon Laws 2001

AN ACT

HB 2139

Relating to fees for the Department of Transportation; creating new provisions; amending ORS 445.030, 802.110, 802.155, 803.090, 803.575, 807.040, 807.150, 807.370, 807.410 and 822.700; and declaring an emergency.

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

SECTION 1. ORS 803.090 is amended to read:

803.090. The following fees are the fees for the transaction described:

(1) The transfer fee under ORS 803.092, [$10] $17.

(2) The fee for issuance of a certificate of title under ORS 803.045 or a salvage title certificate under ORS 803.140, [$10] $17.

(3) The fee for issuance of a duplicate or replacement certificate of title or salvage title certificate under ORS 803.065, [$10] $17. The fee under this subsection must be paid at the same time as a transfer fee under this section if application is made at the same time as application for transfer.

(4) The fee for issuance of a new certificate of title under ORS 803.220 indicating a change of name or address, [$10] $17.

(5) The fee for late presentation of certificate of title under ORS 803.105, $25 from the 31st day after the transfer through the 60th day after the transfer and $50 thereafter.

(6) The fees for title transactions involving a form of title other than a certificate shall be the amounts established by the Department of Transportation by rule under ORS 803.012.

SECTION 1a. If House Bill 2142 becomes law, section 1 of this 2001 Act (amending ORS 803.090) is repealed.

SECTION 2. ORS 803.575 is amended to read:

803.575. (1) The fee for issuance of a duplicate or replacement registration card under ORS 803.510 is $5.

(2) The fee for issuance of a replacement or duplicate registration plate under ORS 803.530 is the fee established under ORS 803.570, together with a fee of $5 if the plate is issued at the time of renewal of registration or a fee of $10 if the plate is issued at any other time.

(3) The fee for transfer of registration plate under ORS 803.530 or 803.590 is $6.

(4) The fee for issuance of replacement registration stickers under ORS 803.555, is [$11] $10.

(5) The fee for issuance of both replacement or duplicate registration plates and replacement registration stickers, when issued at the same time, is the fee established under ORS 803.570, together with a fee of $5 if the plate and stickers are issued at the time of renewal of registration or a fee of $10 if the plate and stickers are issued at any other time.

(6) A fee paid under subsections (2), (4) or (5) of this section includes the cost of any duplicate or replacement registration card issued.

SECTION 3. ORS 807.370, as amended by section 2, chapter 91, Oregon Laws 1999, and section 2, chapter 795, Oregon Laws 1999, is amended to read:

807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and indorsements:

(1) Disability golf cart driver permit fees under ORS 807.210, as follows:

(a) For issuance, [$30] $38.50.

(b) For renewal fee under ORS 807.210, [$18] $26.50.

(2) Emergency driver permit fee under ORS 807.220, $11.

(3) Instruction driver permit issuance fee under ORS 807.280, $13.

(4) License issuance fee for a Class C license, [$40] $48.50.

(5) License issuance fee for a restricted Class C license, [$40] $48.50.

(6) License issuance fee for a commercial driver license, whether or not the license contains indorsements, $50.

(7) Test fees for a commercial driver license or permit:

(a) To take the knowledge test for a Class A commercial license or permit, $3.

(b) To take the skills test for a Class A commercial license, $56.

(c) To take the knowledge test for a Class B commercial license or permit, $3.

(d) To take the skills test for a Class B commercial license, $56.

(e) To take the knowledge test for a Class C commercial license or permit, $3.

(f) To take the skills test for a Class C commercial license, $56.

(8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $33 in addition to the fee under subsection (6) of this section.

(9) For a farm indorsement, $26.

(10) Test fees for the knowledge test for indorsements other than motorcycle and farm indorsements:

(a) For a hazardous materials indorsement, $3.

(b) For a tank vehicle indorsement, $3.

(c) For a passenger indorsement, $3.

(d) For a trailer indorsement, $3.

(11) Fee to take an airbrake knowledge test, $3.

(12) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

(13) License renewal fee for a commercial driver license, [$28] $36.50.

(14) License renewal fee for a Class C license, [$20] $28.50.

(15) License replacement fee under ORS 807.160, [$11] $21.

[(16) Motor Vehicle Accident Fund eligibility fee under ORS 807.040 and 807.150, $8.]

[(17)] (16) Original indorsement issuance fee under ORS 807.170 for a motorcycle indorsement, $46, in addition to any fees for the indorsed license.

[(18)] (17) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, [$12] $21.

[(19)] (18) Special student driver permit fee under ORS 807.230, $11.

[(20)] (19) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

[(21)] (20) Motorcycle Safety Subaccount fee as follows:

(a) Upon original issuance of motorcycle indorsements under ORS 807.170, $28.

(b) Upon renewal of a license with a motorcycle indorsement under ORS 807.170, $28.

[(22)] (21) Probationary driver permit application fee under ORS 807.270, [$38] $50.

[(23)] (22) Probationary driver permit renewal fee under ORS 807.270, $10.

[(24)] (23) Hardship driver permit application fee under ORS 807.240, [$38] $50.

[(25)] (24) Fee for reinstatement of revoked driving privileges under ORS 809.390, [$53] $75.

[(26)] (25) Fee for reinstatement of suspended driving privileges under ORS 809.380, [$53] $75.

[(27) Safety Education Fund eligibility fee under ORS 807.040 and 807.150, 50 cents.]

[(28)] (26) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

SECTION 4. ORS 807.410, as amended by section 3, chapter 91, Oregon Laws 1999, is amended to read:

807.410. This section establishes the fees relating to identification cards. The following fees apply to identification cards unless otherwise provided by ORS 807.400 or otherwise provided by law:

(1) For issuance of an original identification card, $26. This subsection does not require a fee for issuance when ORS 807.400 provides for issuance of an identification card without charge of a fee.

(2) For renewal of an identification card, $22.

(3) For replacement of an identification card, [$11] $21.

(4) For reinstatement of an identification card after suspension, [$53] $75.

SECTION 5. ORS 822.700 is amended to read:

822.700. (1) Fee for issuance of a wrecker certificate under ORS 822.110, [$54] $150.

(2) Fee for renewal of wrecker certificate under ORS 822.125, [$54] $150.

(3) Fee for original issuance of vehicle dealer certificate under ORS 822.020:

(a) [$285] Except as otherwise provided in paragraph (b) of this subsection, $958, for a certificate covering a single place of business;

(b) $500, for a certificate covering a single place of business if the person issued the certificate deals primarily in manufactured dwellings;

[(b)] (c) [$90] Except as otherwise provided in paragraph (d) of this subsection, $230, for each additional place of business to be covered by the certificate and operated under the same name; [and]

(d) $90, for each additional place of business to be covered by the certificate and operated under the same name if the person issued the certificate deals primarily in manufactured dwellings; and

[(c)] (e) $30, for each corrected vehicle dealer certificate issued under ORS 822.040.

(4) Fee for renewal of vehicle dealer certificate under ORS 822.040:

(a) [$285] $958, for renewal of a vehicle dealer certificate covering a single place of business; [; and]

(b) $500, for renewal of a certificate covering a single place of business if the person issued the certificate deals primarily in manufactured dwellings;

[(b)] (c) [$90] Except as otherwise provided in paragraph (d) of this subsection, $230, for each additional place of business to be covered by the certificate and operated under the same name; and

(d) $90, for each additional place of business to be covered by the certificate and operated under the same name if the person issued the certificate deals primarily in manufactured dwellings.

(5) Fee for issuance of towing business certificate under ORS 822.205, $17 for each vehicle used for towing or recovery purposes.

(6) Fee for renewal of towing business certificate under ORS 822.210, $17 for each vehicle used for towing or recovery purposes.

(7) Fee for issuance of vehicle transporter certificate under ORS 822.310, [$25] $150.

(8) Fee for renewal of vehicle transporter certificate under ORS 822.310, [$25] $150.

(9) Fee for issuance of driver training instructor certificate under ORS 822.530, [$20] $100.

(10) Fee for renewal of driver training certificate under ORS 822.530, [$20] $100.

(11) Fee for issuance of commercial driver training school certificate under ORS 822.515, [$100] $200.

(12) Fee for renewal of commercial driver training school certificate under ORS 822.515, [$100] $200.

(13) Fee for issuance of appraiser certificate under ORS 819.230, [a reasonable fee to cover the cost of issuance established by the Department of Transportation by rule that shall not exceed $10] $50.

(14) Fee for renewal of an appraiser certificate under ORS 819.230, [a reasonable fee to cover the cost of renewal established by the department by rule that shall not exceed $10] $50.

SECTION 6. ORS 445.030 is amended to read:

445.030. (1) There is created a fund to be known as the Motor Vehicle Accident Fund, to be held and deposited by the State Treasurer in such banks as are authorized to receive deposits of the General Fund.

(2) All moneys received by the Adult and Family Services Division under this chapter [and by the Department of Transportation under ORS 802.110] shall forthwith be paid to the State Treasurer, and shall become a part of the fund.

(3) The following shall be paid from the fund:

(a) All claims and benefits allowed by the division or finally adjudged affirmatively by a court on appeal in the amounts allowed or adjudged and within the limitations of ORS 445.060 and 445.070.

(b) All expenses of litigation incurred by the division on any appeal.

(c) All court costs and disbursements assessed against the division.

(d) All salaries, clerk hire, advances and reimbursement of travel costs and expenses incurred by the division in the administration of this chapter.

(e) Expenses incurred by the Health Division in the administration of the Emergency Medical Services and Trauma Systems Program created pursuant to ORS 431.623. The total amount of all payments from the fund for purposes of this paragraph shall be equal to $891,450 each biennium.

(4) Liability for payment of claims or judgments thereon, or both, and expenses authorized by this chapter shall be limited to the fund and all additions thereto made under this chapter.

SECTION 7. 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 and amounts transferred to the State Aviation Account by ORS 319.417.

[(c) After deduction of current expenses of collection and transfer, the department shall pay moneys collected from the Motor Vehicle Accident Fund eligibility fee under ORS 807.040, 807.150 and 807.370, to the State Treasurer for deposit to the credit of the Motor Vehicle Accident Fund. The department shall pay the moneys under this paragraph on a monthly basis.]

[(d)] (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.

[(e)] (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.

[(f)] (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. 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.

[(g)] (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.

[(h)] (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.

[(i) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Safety Education Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Safety Education Fund established under ORS 802.155.]

(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 $2,500 per year as the only payment for the administrative expenses of collecting and transferring of moneys for the Motor Vehicle Accident Fund as allowed under this section.]

[(e)] (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 only be used for the development and maintenance of snowmobile facilities, including the acquisition of land therefore by any means other than the exercise of eminent domain, and for the enforcement of ORS 811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.300.

(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 8. ORS 807.040 is amended to read:

807.040. The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(1) The person must complete application for a license under ORS 807.050.

(2) The person must not be ineligible for the license under ORS 807.060 and must be eligible for the license under ORS 807.062.

(3) The person must successfully pass all examination requirements under ORS 807.070 for the class of license sought.

(4) The appropriate license fee under ORS 807.370 for the class of license sought must be paid.

(5) [The Motor Vehicle Accident Fund eligibility fee,] The Student Driver Training Fund eligibility fee [and the Safety Education Fund eligibility fee] must be paid. [The eligibility fees charged under this paragraph are eligibility fees and are not in lieu of or part of any fee required to be paid for the granting of driving privileges.]

(6) If the application is for a commercial driver license, the applicant must be the holder of a Class C license or any higher class of license.

(7) If the application is for a commercial driver license, the applicant must submit to the department, in a form approved by the department, the report of a medical examination that establishes, to the satisfaction of the department, that the applicant meets the medical requirements for the particular class of license. The department, by rule, shall establish medical requirements for purposes of this subsection. The medical requirements established under this subsection may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(8) If the application is for a commercial driver license, the applicant must have at least one year’s driving experience.

(9) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.

SECTION 9. ORS 807.150 is amended to read:

807.150. (1) When a license expires or is about to expire, the Department of Transportation shall renew the license under this section if the holder of the license qualifies for renewal of the license under this section and:

(a) Applies for renewal within one year of the expiration of a similar license under ORS 807.130; or

(b) Applies for issuance of a license within six months after the applicant is discharged from the Armed Forces of the United States and was licensed by this state at the time of the applicant’s entry into the Armed Forces.

(2) To qualify for renewal of a license under this section, a person must meet all of the requirements under ORS 807.040 for the class of license sought to be renewed, except that the department may waive the examination under ORS 807.070 of a person applying for renewal of a license unless the department has reason to believe that the applicant is not qualified to hold the license or unless the applicant for renewal has not previously been examined.

(3) To receive a renewal under this section, the license renewal fee[, the Motor Vehicle Accident Fund eligibility fee,] and the Student Driver Training Fund eligibility fee [and the Safety Education Fund eligibility fee] under ORS 807.370 must be paid.

(4) If a person who applies for a renewal under this section is not qualified to renew the class of license sought to be renewed, the department may issue the person any lower class of license for which the person qualifies in lieu of renewing the person’s license for the class of license held by the person.

(5) A license that is renewed under this section may be used on or after the date of issuance. If the department issues a license renewal to a person under this section before the expiration of the license being renewed, the older license is invalid. A license that becomes invalid under this subsection shall be destroyed by the person to whom it was issued.

(6) If the address of the applicant has changed since the last time a license was issued to or renewed for the applicant, the department shall require proof to verify the address of an applicant for renewal of a license in addition to anything else the department may require of the applicant.

SECTION 10. ORS 802.155 is amended to read:

802.155. (1) There is created the Safety Education Fund, separate and distinct from the General Fund. Moneys shall be paid into the fund as provided in ORS 137.303 [and 802.110]. Interest earned by the fund shall be credited to the fund.

[(2) The moneys deposited in the Safety Education Fund under ORS 802.110 are continuously appropriated to the office of the Director of the Department of Transportation. The director may enter into a contract with Oregon State University under which moneys in the fund will be transferred to the university for the Oregon Student Safety on the Move program.]

[(3)] (2) The moneys deposited in the Safety Education Fund under ORS 137.303 are continuously appropriated to the office of the manager of the Transportation Safety section of the Department of Transportation to be used for safety education programs:

(a) That provide injury prevention education on traffic safety issues for each age group in the kindergarten through college ages;

(b) That have been recipients of funds under 23 U.S.C. 402 for at least three years;

(c) That are found by the Transportation Safety section to be effective, as measured by the three-year reporting cycle funded under 23 U.S.C. 402; and

(d) That operate statewide.

SECTION 11. (1) Moneys collected by the Department of Transportation from the Motor Vehicle Accident Fund eligibility fee prior to the effective date of this 2001 Act that have not been transferred prior to the effective date of this 2001 Act shall be transferred as provided in ORS 802.110 (2)(c) (1999 Edition) as soon as possible after the effective date of this 2001 Act.

(2) Moneys collected prior to the effective date of this 2001 Act from the Safety Education Fund eligibility fee shall be transferred as soon as possible after the effective date of this 2001 Act in the manner provided in ORS 802.155 (2) (1999 Edition).

SECTION 12. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 28, 2001

Effective date July 1, 2001

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