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

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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.

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   { +  (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.

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    { - (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.

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    { - (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

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 { - 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.

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  (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

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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

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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. + }

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  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