2007 ORS § 801.041¹
Terms and conditions for imposition of registration fee by county

The following apply to the authority granted to counties by ORS 801.040 (Authority to adopt special provisions) to establish registration fees for vehicles:

(1) An ordinance establishing registration fees under this section must be enacted by the county imposing the registration fee and filed with the Department of Transportation. Any ordinance establishing registration fees that is enacted by the governing body of a county must be submitted to the electors of the county for their approval. The governing body of the county imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) with the department by which the department shall collect the registration fees, pay them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (Authority of counties and districts to impose registration fees) (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the county.

(2) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 (Registration fees). There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.

(3) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, they must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:

(a) Snowmobiles and Class I all-terrain vehicles.

(b) Fixed load vehicles.

(c) Vehicles registered under ORS 805.100 (Disabled veterans) to disabled veterans.

(d) Vehicles registered as antique vehicles under ORS 805.010 (Antique vehicles).

(e) Vehicles registered as vehicles of special interest under ORS 805.020 (Special interest vehicles).

(f) Government-owned or operated vehicles registered under ORS 805.040 (Registration of government-owned vehicles) or 805.045 (Regular registration for certain government-owned vehicles).

(g) School buses or school activity vehicles registered under ORS 805.050 (School buses and school activity vehicles).

(h) Law enforcement undercover vehicles registered under ORS 805.060 (Law enforcement undercover vehicles).

(i) Vehicles registered on a proportional basis for interstate operation.

(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (Registration fees) (10) or (11).

(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300 (Farm vehicle registration).

(L) Travel trailers, campers and motor homes.

(4) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (Registration fees) (1). For vehicles on which a flat fee is imposed under ORS 803.420 (Registration fees), the fee must be a whole dollar amount.

(5) Moneys from registration fees established under this section must be paid to the county establishing the registration fees as provided in ORS 802.110 (Procedures for financial administration). The county ordinance shall provide for payment of at least 40 percent of the money to cities within the county unless a different distribution is agreed to between the county and the cities within the jurisdiction of the county. The moneys shall be used for any purpose for which moneys from registration fees may be used.

(6) Two or more counties may act jointly to impose a registration fee under this section. The ordinance of each county acting jointly with another under this subsection must provide for the distribution of moneys collected through a joint registration fee.

(7) Before the governing body of a county that overlaps a district can impose a registration fee under this section, it must enter into an intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) with the governing bodies of that district and all counties, other districts and cities with populations of over 300,000 that overlap the district. The intergovernmental agreement must state the registration fees and, if necessary, how the revenue from the fees are to be apportioned among the counties and the districts. Before the governing body of a county can enter into such an intergovernmental agreement, the county shall consult with the cities in its jurisdiction. [1989 c.864 §4; 1993 c.751 §3; 2003 c.655 §85]

Note: 801.041 (Terms and conditions for imposition of registration fee by county), 801.042 (Terms and conditions for imposition of registration fee by district) and 801.043 (Moneys required by department for initial implementation of registration fees) were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.