74th OREGON LEGISLATIVE ASSEMBLY--2007 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 615
 
                         House Bill 2064
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Parks and Recreation Department)
 
 
                             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 issue titles to owners
of Class I and Class III all-terrain vehicles. Creates offense of
failure to title. Punishes violation with $90 fine.
 
                        A BILL FOR AN ACT
Relating to all-terrain vehicle titles; creating new provisions;
  and amending ORS 801.526, 802.110 and 803.030.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) The Department of Transportation shall
provide for the issuance of titles for Class I and Class III
all-terrain vehicles required to be titled under section 3 of
this 2007 Act.  The following provisions relating to titling
shall be the same for Class I and Class III all-terrain vehicles
as for other vehicles:
  (a) Fee for issuance.
  (b) Provisions relating to transfer, including security
interests and other types of transfer, fees for transfer, time
limits for transfer and responsibility for making transfer and
submitting documents.
  (c) Information required to be placed on a title, except where
the department determines such information would be
inappropriate.
  (d) Party to whom title is issued upon original issuance or
transfer.
  (e) Validity times and requirements.
  (f) ORS 819.010 to 819.040.
  (g) Any provisions relating to title that are applicable to
other vehicles under the vehicle code and that the department
determines, by rule, to be necessary to ensure that the titling
of Class I and Class III all-terrain vehicles is administered in
the same manner and has the same effect as the titling of other
vehicles.
  (h) Provisions relating to salvage titles.
  (2) Application for issuance of title for Class I and Class III
all-terrain vehicles shall be made in the manner and in a form
prescribed by the department. The department may require any
information in the application that the department determines is
reasonably necessary to determine ownership or right to title for
a Class I or Class III all-terrain vehicle.
  (3) Dealers issued certificates under ORS 822.020 who sell
Class I or Class III all-terrain vehicles shall accept
application and fees for title of a Class I or Class III
all-terrain vehicle from each purchaser of a new or used Class I
or Class III all-terrain vehicle in a manner required by the
department. + }
  SECTION 3.  { + (1) A person commits the offense of failure to
title a Class I or Class III all-terrain vehicle if the person is
the owner of a Class I or Class III all-terrain vehicle purchased
on or after January 1, 2008, that is in this state or is
operating a Class I or Class III all-terrain vehicle at any place
in this state and the Class I or Class III all-terrain vehicle
has not been issued a title as provided under section 2 of this
2007 Act.
  (2) The requirement to title a Class I or Class III all-terrain
vehicle under this section does not apply if the Class I or Class
III all-terrain vehicle is any of the following:
  (a) Owned and operated by the United States, another state or a
political subdivision thereof.
  (b) Owned and operated by this state or by any city, district
or political subdivision thereof.
  (c) Used exclusively for farming, agricultural or forestry
operations.
  (d) Used by Christmas tree growers licensed under ORS 571.530
for growing operations.
  (e) Used on land owned or leased by the owner of the vehicle.
  (f) A new vehicle that is in possession of a dealer for the
purposes of sale or display.
  (g) Owned and operated by a resident of another state. The
exemption granted under this paragraph:
  (A) Is granted only to the extent that a similar exemption or
privilege is granted under the laws of the other state for Class
I or Class III all-terrain vehicles from this state.
  (B) Is granted only for a period of up to 60 days in a calendar
year.
  (3) The offense described in this section, failure to title a
Class I or Class III all-terrain vehicle, is a Class D traffic
violation. + }
  SECTION 4. ORS 801.526 is amended to read:
  801.526. 'Title' means an ownership interest in a vehicle that
is evidenced by a record of the Department of Transportation or
of some other jurisdiction. The record may be in the form of a
certificate of title or it may be in another form, including but
not necessarily limited to electronic or machine-readable form.
Oregon issues titles under ORS 803.045. Titles for snowmobiles
are issued as provided under ORS 821.060.  { + Titles for Class I
and Class III all-terrain vehicles are issued as provided under
section 2 of this 2007 Act. + } Salvage titles are issued as
provided in ORS 803.140.
  SECTION 5. ORS 803.030 is amended to read:
  803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
  (1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
  (2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
  (3) Snowmobiles, Class I all-terrain vehicles and Class III
all-terrain vehicles are not subject to the requirements under
ORS 803.025. The requirements and procedures for titling
snowmobiles are as provided under ORS 821.060 and 821.070.
 { + The requirements and procedures for titling Class I and
Class III all-terrain vehicles are as provided under sections 2
and 3 of this 2007 Act. + }
  (4) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
  (5) Trolleys are exempt from the requirements for title.
  (6) Bicycles are exempt from the requirements for title.
  (7) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
  (8) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from the requirements for title.
  (9) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
construction or reconstruction of state or county roads, highways
or city streets.
  (10) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
  (a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
  (b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
  (11) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
  (12) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
  (13) Golf carts or similar vehicles are exempt from
requirements for title when:
  (a) They have not less than three wheels in contact with the
ground;
  (b) They have an unloaded weight of less than 1,300 pounds;
  (c) They are designed to be and are operated at not more than
15 miles per hour; and
  (d) They are operated by disabled persons.
  (14) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
  (a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
  (b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
  (c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
  (A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
  (B) Vehicles operated under an exemption established under ORS
802.520.
  (C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
  (D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
  (d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
  (e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
  (15) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
  (16) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
  (17) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
  (18) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
  (19) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
  (20)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements
for title.
  (b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
  (21) Converter dollies and tow dollies are exempt from the
requirements for title.
  (22) Electric personal assistive mobility devices are exempt
from the requirements for title.
  SECTION 6. 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 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 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.
  (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
administering the titling of Class I and Class III all-terrain
vehicles under section 2 of this 2007 Act from the fees collected
from administering section 2 of this 2007 Act. + }
    { - (c) - }   { + (d) + } 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) - }   { + (e) + } 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 be used 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.
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