Bill Text: OR SB1019 | 2010 | 1st Special Session | Enrolled
Bill Title: Relating to transportation; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2010-03-04 - Effective date, March 4, 2010. [SB1019 Detail]
Download: Oregon-2010-SB1019-Enrolled.html
75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session Enrolled Senate Bill 1019 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Business and Transportation) CHAPTER ................ AN ACT Relating to transportation; creating new provisions; amending ORS 366.752, 377.840, 805.092, 810.438, 811.147, 811.210 and 818.200 and section 2, chapter 859, Oregon Laws 2007, sections 3 and 4, chapter 823, Oregon Laws 2009, and section 5, chapter 865, Oregon Laws 2009; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2, chapter 859, Oregon Laws 2007, is amended to read: { + Sec. 2. + }(1) To the extent that proposed transportation projects meet the qualifications established by the Oregon Transportation Commission by rule, the commission shall allocate at least 10 percent of the net proceeds of the lottery bonds authorized by section 1 { + , chapter 859, Oregon Laws 2007, + } { - of this 2007 Act - } to each region described in this section. For purposes of this section, the regions are as follows: (a) Region one consists of Clackamas, Columbia, Hood River, Multnomah and Washington Counties. (b) Region two consists of Benton, Clatsop, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill Counties. (c) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties. (d) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties. (e) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa Counties. (2) In addition to any other fees or payments required for grants or loans from the Multimodal Transportation Fund, between July 1, 2007, and { - July 1, 2013 - } { + December 31, 2009 + }, each recipient of moneys from the fund shall pay two percent of the recipient's total project costs to the Department of Transportation. The department shall use the funds received under this subsection to conduct a statewide multimodal study of the transportation system. The study shall include an assessment of the infrastructure, capacity demand and constraints, development of criteria for strategic investments and return on investment and identification of potential funding sources and strategies. The department may not use the funds received under Enrolled Senate Bill 1019 (SB 1019-B) Page 1 this subsection for any components of the study if the department has other available and eligible funds. SECTION 2. Section 5, chapter 865, Oregon Laws 2009, is amended to read: { + Sec. 5. + } (1) The Department of Transportation shall provide information on the department's website about: (a) Transportation projects described in section 64 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; and (b) Any other transportation projects funded by the increase in taxes and fees by the amendments to: (A) ORS 803.090 by section 42 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; (B) ORS 803.420 by section 43 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { + (C) ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009; + } { - (C) - } { + (D) + } ORS 803.570 by section 44 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { - (D) - } { + (E) + } ORS 803.645 by section 44a { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { - (E) - } { + (F) + } ORS 319.020 by section 48 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { - (F) - } { + (G) + } ORS 319.530 by section 49 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { - (G) - } { + (H) + } ORS 818.225 by section 51 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; { - (H) - } { + (I) + } ORS 825.476 by section 52 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } ; and { - (I) - } { + (J) + } ORS 825.480 by section 53 { + , chapter 865, Oregon Laws 2009 + } { - of this 2009 Act - } . (2) The department shall make the information accessible directly from the department's website home page. (3) For each project listed, the department shall provide a short description of the project, the intended benefit of the project, an estimated date for inviting bids and entering into contracts, an estimated contract cost, an estimated completion date, any change in the estimated completion date and any change in the project cost. The department shall also provide explanation for any change in the estimated completion date or change in project cost. (4) The department shall update the information required by this section each week until all projects are completed. (5) The department shall report to the interim House and Senate committees related to transportation on the progress the department is making toward achieving the goals of this section. SECTION 3. ORS 366.752, as operative until January 1, 2011, is amended to read: 366.752. (1) The following moneys shall be allocated as described in subsections (2) and (3) of this section: (a) The amount attributable to the fee increases by the amendments to ORS 803.090 by section 42, chapter 865, Oregon Laws 2009. (b) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43, chapter 865, Oregon Laws 2009. Enrolled Senate Bill 1019 (SB 1019-B) Page 2 { + (c) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009. + } { - (c) - } { + (d) + } The amount attributable to the fee increases by the amendments to ORS 803.570 by section 44, chapter 865, Oregon Laws 2009. { - (d) - } { + (e) + } The amount attributable to the fee increase by the amendments to ORS 803.645 by section 44a, chapter 865, Oregon Laws 2009. (2) The moneys described in subsection (1) of this section shall be allocated first in an amount of $24 million per year in monthly installments to the Department of Transportation for the purposes described in the long-range plan developed pursuant to ORS 184.618 and on January 1 of each year an amount of $3 million per year to the Travel Information Council for management, maintenance and improvement of the roadside rest areas that the Travel Information Council is responsible for under section 32, chapter 865, Oregon Laws 2009. The remainder of the moneys shall be allocated as provided in subsection (3) of this section. (3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows: (a) 50 percent to the Department of Transportation. (b) 30 percent to counties for distribution as provided in ORS 366.762. (c) 20 percent to cities for distribution as provided in ORS 366.800. (4) Except as provided in subsection (5) of this section, the moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows: (a) 68 percent for maintenance, preservation and safety of highways. (b) 32 percent for the state modernization program for highways as described in ORS 366.507. (5) The moneys allocated in subsection (4) of this section may be used to secure and pay bond debt service on Highway User Tax Bonds issued under ORS 367.615. (6) For the purposes of this section: (a) 'Bond' has the meaning given that term in ORS 367.010. (b) 'Bond debt service' has the meaning given that term in ORS 367.010. SECTION 4. ORS 366.752, as amended by section 57, chapter 865, Oregon Laws 2009, is amended to read: 366.752. (1) The following moneys shall be allocated as described in subsections (2) and (3) of this section: (a) The amount attributable to the fee increases by the amendments to ORS 803.090 by section 42, chapter 865, Oregon Laws 2009. (b) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43, chapter 865, Oregon Laws 2009. { + (c) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009. + } { - (c) - } { + (d) + } The amount attributable to the fee increases by the amendments to ORS 803.570 by section 44, chapter 865, Oregon Laws 2009. Enrolled Senate Bill 1019 (SB 1019-B) Page 3 { - (d) - } { + (e) + } The amount attributable to the fee increase by the amendments to ORS 803.645 by section 44a, chapter 865, Oregon Laws 2009. { - (e) - } { + (f) + } The amount attributable to the increase in fees and tax rates by the amendments to ORS 319.020, 319.530, 818.225, 825.476 and 825.480 by sections 48, 49 and 51 to 53, chapter 865, Oregon Laws 2009. (2) The moneys described in subsection (1) of this section shall be allocated first in an amount of $24 million per year in monthly installments to the Department of Transportation for the purposes described in the long-range plan developed pursuant to ORS 184.618 and on January 1 of each year $3 million per year to the Travel Information Council for management, maintenance and improvement of the roadside rest areas that the Travel Information Council is responsible for under section 32, chapter 865, Oregon Laws 2009. The remainder of the moneys shall be allocated as provided in subsection (3) of this section. (3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows: (a) 50 percent to the Department of Transportation. (b) 30 percent to counties for distribution as provided in ORS 366.762. (c) 20 percent to cities for distribution as provided in ORS 366.800. (4) Except as provided in subsection (5) of this section, the moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows: (a) 33 percent for maintenance, preservation and safety of highways. (b) 15.75 percent for the state modernization program for highways as described in ORS 366.507. (c) 51.25 percent for the purposes described in ORS 367.620 (3)(c) and section 64, chapter 865, Oregon Laws 2009. (5) The moneys allocated in subsection (4) of this section may be used to secure and pay bond debt service on Highway User Tax Bonds issued under ORS 367.615. (6) For the purposes of this section: (a) 'Bond' has the meaning given that term in ORS 367.010. (b) 'Bond debt service' has the meaning given that term in ORS 367.010. SECTION 5. ORS 366.752, as amended by sections 57 and 59, chapter 865, Oregon Laws 2009, is amended to read: 366.752. (1) The following moneys shall be allocated as described in subsections (2) and (3) of this section: (a) The amount attributable to the fee increases by the amendments to ORS 803.090 by section 42, chapter 865, Oregon Laws 2009. (b) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43, chapter 865, Oregon Laws 2009. { + (c) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009. + } { - (c) - } { + (d) + } The amount attributable to the fee increases by the amendments to ORS 803.570 by section 44, chapter 865, Oregon Laws 2009. Enrolled Senate Bill 1019 (SB 1019-B) Page 4 { - (d) - } { + (e) + } The amount attributable to the fee increase by the amendments to ORS 803.645 by section 44a, chapter 865, Oregon Laws 2009. { - (e) - } { + (f) + } The amount attributable to the increase in fees and tax rates by the amendments to ORS 319.020, 319.530, 818.225, 825.476 and 825.480 by sections 48, 49 and 51 to 53, chapter 865, Oregon Laws 2009. (2) The moneys described in subsection (1) of this section shall be allocated first in an amount of $24 million per year in monthly installments to the Department of Transportation for the purposes described in the long-range plan developed pursuant to ORS 184.618. The remainder of the moneys shall be allocated as provided in subsection (3) of this section. (3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows: (a) 50 percent to the Department of Transportation. (b) 30 percent to counties for distribution as provided in ORS 366.762. (c) 20 percent to cities for distribution as provided in ORS 366.800. (4) Except as provided in subsection (5) of this section, the moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows: (a) 33 percent for maintenance, preservation and safety of highways. (b) 15.75 percent for the state modernization program for highways as described in ORS 366.507. (c) 51.25 percent for the purposes described in ORS 367.620 (3)(c) and section 64, chapter 865, Oregon Laws 2009. (5) The moneys allocated in subsection (4) of this section may be used to secure and pay bond debt service on Highway User Tax Bonds under ORS 367.615. (6) For the purposes of this section: (a) 'Bond' has the meaning given that term in ORS 367.010. (b) 'Bond debt service' has the meaning given that term in ORS 367.010. SECTION 6. ORS 805.092 is amended to read: 805.092. (1) The Department of Transportation shall adopt, by rule, minimum safety standards for low-speed vehicles and medium-speed electric vehicles. { - Standards adopted by the department under this section must be consistent with, but may exceed, any vehicle safety standards established under federal regulations. - } (2) The department may not issue registration to a low-speed vehicle or medium-speed electric vehicle if the department has reason to believe the vehicle does not meet the safety standards adopted pursuant to this section. SECTION 7. Section 3, chapter 823, Oregon Laws 2009, is amended to read: { + Sec. 3. + } (1) After deduction of the cost of administration of the Pacific Wonderland registration plate program, the Department of Transportation shall transfer 50 percent of the moneys from the surcharge imposed by section 2 { + , chapter 823, Oregon Laws 2009, + } { - of this 2009 Act - } to the Oregon State Capitol Foundation { + for the purpose of establishing and maintaining an Oregon History Center at the State Capitol or on the grounds of the State Capitol State Park + } and 50 percent to the Oregon Historical Society Enrolled Senate Bill 1019 (SB 1019-B) Page 5 { - for the purpose of establishing and maintaining an Oregon History Center at the State Capitol or on the grounds of the State Capitol State Park - } . (2) As used in this section, the cost of administration of the Pacific Wonderland registration plate program is the sum of all department expenses for the issuance or transfer of Pacific Wonderland registration plates under section 2 { + , chapter 823, Oregon Laws 2009, + } { - of this 2009 Act - } that are above the normal costs of issuing, renewing and transferring registration plates in the normal course of the business of the department. These expenses include, but are not limited to, the costs of collecting the Pacific Wonderland registration plate surcharge and transferring Pacific Wonderland registration plates. SECTION 8. Section 4, chapter 823, Oregon Laws 2009, is amended to read: { + Sec. 4. + } (1) Notwithstanding ORS 184.642, the Department of Transportation may pay an amount up to $150,000 from the Department of Transportation Operating Fund for expenses incurred in initiating the Pacific Wonderland registration plate program established in section 2 { + , chapter 823, Oregon Laws 2009 + } { - of this 2009 Act - } , including but not limited to registration plate design, computer programming and production setup. Any portion of the amount paid that is not used for initiating the Pacific Wonderland registration plate program shall be transferred to the account established under subsection (2) of this section. (2) Notwithstanding section 3 { + , chapter 823, Oregon Laws 2009 + } { - of this 2009 Act - } , after deduction of the cost of administration of the Pacific Wonderland registration plate program, the department shall transfer the moneys from the surcharge imposed by section 2 { + , chapter 823, Oregon Laws 2009, + } { - of this 2009 Act - } to an account in the Department of Transportation Operating Fund until sufficient funds have accumulated for the purpose described in subsection (3) of this section. (3) When the department determines that moneys in sufficient amount are available in the account established under subsection (2) of this section, the department shall reimburse the Department of Transportation Operating Fund, without interest, in an amount equal to the amount paid from the Department of Transportation Operating Fund for the costs of initiating the Pacific Wonderland registration plate program. (4) Any moneys remaining in the account established under subsection (2) of this section after deduction of the reimbursement required under subsection (3) of this section shall be transferred to the Oregon State Capitol Foundation { + for the purpose of establishing and maintaining an Oregon History Center at the State Capitol or on the grounds of the State Capitol State Park + } and { + to + } the Oregon Historical Society { - for the purpose of establishing and maintaining an Oregon History Center at the State Capitol - } . Of the moneys transferred under this subsection, 50 percent shall be transferred to the Oregon State Capitol Foundation and 50 percent shall be transferred to the Oregon Historical Society. SECTION 9. ORS 810.438 is amended to read: 810.438. (1) The following jurisdictions may, at their own cost, operate photo radar: (a) Albany. Enrolled Senate Bill 1019 (SB 1019-B) Page 6 (b) Beaverton. (c) Bend. (d) Eugene. (e) Gladstone. (f) Medford. (g) Milwaukie. (h) Oregon City. (i) Portland. (j) Tigard. (2) A photo radar system operated under this section: (a) May be used on streets in residential areas or school zones. (b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas. (c) May not be used for more than four hours per day in any one location. (d) May not be used on controlled access highways. (e) May not be used unless a sign is posted announcing ' Traffic Laws Photo Enforced.' The sign posted under this paragraph must { - be all of the following - } : (A) { + Be + } on the street on which the photo radar unit is being used { - . - } { + ; + } (B) { + Be + } between 100 and 400 yards before the location of the photo radar unit { - . - } { + ; + } (C) { + Be + } at least two feet above ground level { - . - } { + ; and + } { + (D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session. + } (3) A city that operates a photo radar system under this section shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes: (a) The effect of the use of the photo radar system on traffic safety; (b) The degree of public acceptance of the use of the photo radar system; and (c) The process of administration of the use of the photo radar system. (4) By March 1 of the year of each regular session of the Legislative Assembly: (a) The Department of Transportation shall provide to the Legislative Assembly an executive summary of the process and outcome evaluations conducted under subsection (3) of this section; and (b) Each city that operates a photo radar system under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. SECTION 10. ORS 811.210 is amended to read: 811.210. (1) { + (a) Except as provided in ORS 811.215, + }a person commits the offense of failure to properly use safety belts if the person: { - (a) - } { + (A) + } Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section { - ; - } { + . + } { - (b) - } { + (B) + }Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a Enrolled Senate Bill 1019 (SB 1019-B) Page 7 child who is under 16 years of age and the child, while operating { + on public lands + } a Class I or Class II all-terrain vehicle that is not registered under ORS 803.420, is not properly secured with a safety belt or safety harness { - ; - } { + . + } { - (c) - } { + (C) + }Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while operating { + on public lands + } a Class II all-terrain vehicle registered under ORS 803.420, is not properly secured with a safety belt or safety harness as required by subsection (2) of this section { - ; - } { + . + } { - (d) - } { + (D) + } { - Except as provided in paragraphs (e) and (f) of this subsection, - } Operates a motor vehicle on the highways of this state { - or on premises open to the public - } with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt or safety harness as required by subsection (2) of this section { - ; - } { + . + } { - (e) - } { + (E) + } Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while riding { + on public lands + } in or on a Class I or Class II all-terrain vehicle that is not registered under ORS 803.420, is not properly secured with a safety belt or safety harness { - ; - } { + . + } { - (f) - } { + (F) + } Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while riding { + on public lands + } in or on a Class II all-terrain vehicle registered under ORS 803.420, is not properly secured with a safety belt or safety harness as required by subsection (2) of this section { - ; - } { + . + } { - (g) - } { + (G) + } Is a passenger in a privately owned commercial vehicle, as defined in ORS 801.210, that is designed and used for the transportation of 15 or fewer persons, including the driver, and the person is 16 years of age or older and is responsible for another passenger who is not properly secured with a child safety system as required under subsection (2)(a), (b) or (c) of this section { - ; or - } { + . + } { - (h) - } { + (H) + } Is a passenger in a motor vehicle being operated on the highways of this state who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section. { + (b) As used in this subsection, 'public lands' includes privately owned land that is open to the general public for the use of all-terrain vehicles as the result of funding from the All-Terrain Vehicle Account under ORS 390.560. + } (2) To comply with this section: (a) A person who is under one year of age, regardless of weight, or a person who weighs 20 pounds or less must be properly secured with a child safety system in a rear-facing position. (b) A person who weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing 40 pounds or less. (c) Except as provided in subsection (3) of this section, a person who weighs more than 40 pounds and who is four feet nine inches or shorter must be properly secured with a child safety Enrolled Senate Bill 1019 (SB 1019-B) Page 8 system that elevates the person so that a safety belt or safety harness properly fits the person. As used in this paragraph, ' properly fits' means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system shall meet the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children who are four feet nine inches or shorter. (d) A person who is taller than four feet nine inches must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055. (e) Notwithstanding paragraphs (b) and (c) of this subsection, a person who is eight years of age or older need not be secured with a child safety system but must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055. (3) If the rear seat of a vehicle is not equipped with shoulder belts, the requirements of subsection (2)(c) of this section do not apply provided the person is secured by a lap belt. (4) The offense described in this section, failure to properly use safety belts, is a Class D traffic violation. SECTION 11. ORS 818.200 is amended to read: 818.200. (1) A road authority, or a private contractor authorized by a road authority to do so, may issue a variance permit if it determines the public interests will be served. A variance permit issued under this section may allow any vehicle, combination of vehicles, load article, property, machine or thing to move over any highway or street under the jurisdiction of the road authority without violation of any of the following: (a) Maximum weight limits under ORS 818.020. (b) Posted weight limits under ORS 818.040. (c) Administratively imposed weight or size limits under ORS 818.060. (d) Maximum size limits under ORS 818.090. (e) Maximum number of vehicles in combination under ORS 818.110. (f) Posted limits on use of road under ORS 818.130. (g) Towing safety requirements under ORS 818.160. (h) Use of devices without wheels under ORS 815.155. (i) Use of metal objects on tires under ORS 815.160. (j) Operation without pneumatic tires under ORS 815.170. { + (k) Misuse of a special left turn lane under ORS 811.346. (L) Improper use of the center lane on three-lane road under ORS 811.380. (m) Operation of a motor vehicle on a bicycle trail under ORS 811.435. (n) Failure to drive within a lane under ORS 811.370. + } (2) The fee for issuance of a variance permit under this section is the fee established under ORS 818.270. No fee shall be charged for issuance of a permit to the federal government, agencies of the State of Oregon, cities or counties. (3) A permit issued under this section is subject to all of the provisions under ORS 818.220 and to any limits under ORS 818.210. (4) Prohibitions and penalties relating to the use of the permit are provided under ORS 818.340 and 818.350. (5) Violation of the conditions of the permit is subject to civil penalties as provided under ORS 818.410. SECTION 12. { + Section 13 of this 2010 Act is added to and made a part of ORS 283.305 to 283.350. + } Enrolled Senate Bill 1019 (SB 1019-B) Page 9 SECTION 13. { + The Oregon Department of Administrative Services, by rule, may implement a program to make available, sell, distribute and dispense compressed natural gas to private entities for use in motor vehicles. The department, by order, may establish and adjust the prices for compressed natural gas. The department shall set the price for compressed natural gas at a level that does not: (1) Subsidize any of the operations of any private entity; or (2) Substantially exceed the total costs to the department of making the compressed natural gas available. + } SECTION 14. { + Section 13 of this 2010 Act is repealed on January 2, 2014. + } SECTION 15. { + For the biennium beginning July 1, 2009, notwithstanding ORS 367.084, if a rural airport receives federal grants on or after July 1, 2009, for a transportation project, as defined in ORS 367.010, that has already been completed or is under construction, the Oregon Transportation Commission shall provide to the rural airport grants or loans from the Multimodal Transportation Fund to be used as matching funds. + } SECTION 16. ORS 377.840 is amended to read: 377.840. (1) All moneys collected { + , borrowed + } or received by the Travel Information Council shall be deposited into a Travel Information Council account established in a depository insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. In a manner consistent with the requirements of ORS 295.001 to 295.108, the chairperson of the council shall insure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. Subject to the chairperson's approval, the council may invest moneys collected { + , borrowed + } or received by the council. Investments made by the council are limited to the types of investments listed in ORS 294.035. Interest earned from any amounts invested shall be made available to the council in a manner consistent with the council's approved biennial budget. (2) Subject to the approval of the chairperson or director of the Travel Information Council, all necessary council expenses shall be paid from the moneys collected { + , borrowed + } or earned by the council. { + (3) Upon approval of a majority of the Travel Information Council, the director may borrow money. The council may not borrow an amount that exceeds the estimated revenues from amounts collected, received or earned by the council for the year. (4) The Travel Information Council may not borrow money under subsection (3) of this section unless the indebtedness or other obligations of the council attributable to the borrowing are payable solely out of the council's own resources. Such indebtedness or other obligations of the council do not constitute a pledge of the full faith and credit of the State of Oregon or any of the revenues of this state. + } { - (3)(a) - } { + (5)(a) + } The Travel Information Council shall adopt a budget on a biennial basis using the classifications of expenditures and revenues required by ORS 291.206 (1). However, the budget shall not be subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or Legislative Assembly. (b) The council shall adopt a budget only after a public hearing thereon. At least 15 days prior to any public hearing on the budget, the council shall give notice of the hearing to all Enrolled Senate Bill 1019 (SB 1019-B) Page 10 persons known to be interested in the proceedings of the council and to any person who requests notice. { - (4) - } { + (6) + } All expenditures from the Travel Information Council account are exempt from any state expenditure limitation. The Travel Information Council shall follow generally accepted accounting principles and keep such other financial and statistical information as may be necessary to completely and accurately disclose the financial condition and financial operations of the council as may be required by the Secretary of State. { - (5) - } { + (7) + } As used in this section, 'depository' has the meaning given in ORS 295.001. SECTION 17. ORS 811.147 is amended to read: 811.147. (1) As used in this section, 'roadside assistance vehicle' means a vehicle with warning lights that responds to requests for repair assistance from motorists with disabled vehicles. (2) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance if the person approaches an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance that is stopped and is displaying required warning lights and the person: (a) On a highway having two or more lanes for traffic in a single direction, fails to: (A) Make a lane change to a lane not adjacent to that of the emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance; or (B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the { - posted - } speed limit { + established in ORS 811.111 or a designated speed posted under ORS 810.180 + }, if making a lane change is unsafe. (b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the { - posted - } speed limit { + established in ORS 811.111 or a designated speed posted under ORS 810.180 + }. (3) The offense described in this section, failure to maintain a safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance, is a Class B traffic violation. SECTION 18. { + The Department of Transportation shall report quarterly to the legislative committees on revenue if the Legislative Assembly is in session or, if the Legislative Assembly is not in session, to the Legislative Revenue Officer. The department's report shall include an estimate of the amounts received in the previous quarter from the increased taxes and fees established in chapter 865, Oregon Laws 2009, and an estimate of the projected revenue in the current quarter from the increased taxes and fees established in chapter 865, Oregon Laws 2009. + } SECTION 19. { + The amendments to ORS 366.752 by sections 3 to 5 of this 2010 Act apply to amounts collected on or after January 1, 2010, pursuant to the amendments to ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009. + } SECTION 20. { + This 2010 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2010 Act takes effect on its passage. + } ---------- Enrolled Senate Bill 1019 (SB 1019-B) Page 11 Passed by Senate February 12, 2010 Repassed by Senate February 22, 2010 ........................................................... Secretary of Senate ........................................................... President of Senate Passed by House February 19, 2010 ........................................................... Speaker of House Enrolled Senate Bill 1019 (SB 1019-B) Page 12 Received by Governor: ......M.,............., 2010 Approved: ......M.,............., 2010 ........................................................... Governor Filed in Office of Secretary of State: ......M.,............., 2010 ........................................................... Secretary of State Enrolled Senate Bill 1019 (SB 1019-B) Page 13