Bill Text: OR SB128 | 2011 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to transportation; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-07-06 - Effective date, July 6, 2011. [SB128 Detail]
Download: Oregon-2011-SB128-Engrossed.html
Bill Title: Relating to transportation; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-07-06 - Effective date, July 6, 2011. [SB128 Detail]
Download: Oregon-2011-SB128-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 509
A-Engrossed
Senate Bill 128
Ordered by the Senate April 20
Including Senate Amendments dated April 20
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 Governor John A. Kitzhaber
for Department of Transportation)
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.
Removes obsolete reporting dates for Road User Fee Task Force.
{ - Changes process used to calculate amount of moneys
available to pay debt service and expenses related to certain
transportation projects. - }
{ + Requires specified amount of proceeds from Highway User
Tax Bonds to be spent on transportation projects.
Requires Department of Transportation to consult with
legislative committees related to transportation before expending
certain federal general economic stimulus moneys.
Requires department to participate in meetings held by
cooperating committee created pursuant to Multistate Highway
Transportation Agreement.
Specifies that ordinances by county with population of 350,000
or more may impose, until July 1, 2013, registration fees only
for purpose of replacing Sellwood Bridge. Restricts use of bridge
until July 1, 2013. Suspends, until July 1, 2013, certain
provisions related to imposition of registration fees.
Repeals laws requiring development of congestion pricing pilot
program. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to transportation; creating new provisions; amending ORS
184.843, 367.620 and 801.041; repealing sections 3, 4 and 41,
chapter 865, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 184.843 is amended to read:
184.843. (1) There is created the Road User Fee Task Force.
(2) The purpose of the task force is to develop a design for
revenue collection for Oregon's roads and highways that will
replace the current system for revenue collection. The task force
shall consider all potential revenue sources.
(3) The task force shall consist of 12 members, as follows:
(a) Two members shall be members of the House of
Representatives, appointed by the Speaker of the House of
Representatives.
(b) Two members shall be members of the Senate, appointed by
the President of the Senate.
(c) Four members shall be appointed by the Governor, the
Speaker and the President acting jointly. In making appointments
under this paragraph, the appointing authorities shall consider
individuals who are representative of the telecommunications
industry, of highway user groups, of the Oregon transportation
research community and of national research and policy-making
bodies such as the Transportation Research Board and the American
Association of State Highway and Transportation Officials.
(d) One member shall be an elected city official, appointed by
the Governor, the Speaker and the President acting jointly.
(e) One member shall be an elected county official, appointed
by the Governor, the Speaker and the President acting jointly.
(f) Two members shall be members of the Oregon Transportation
Commission, appointed by the chairperson of the commission.
(4)(a) The term of a legislator appointed to the task force is
four years except that the legislator ceases to be a member of
the task force when the legislator ceases to be a legislator. A
legislator may be reappointed to the task force.
(b) The term of a member of the task force appointed under
subsection (3)(c) of this section is four years and the member
may be reappointed.
(c) The term of a member of the task force appointed under
subsection (3)(d) or (e) of this section is four years except
that the member ceases to be a member of the task force when the
member ceases to be a city or county elected official. A city or
county elected official may be reappointed to the task force.
(d) The term of a member of the Oregon Transportation
Commission appointed to the task force is four years except that
the member ceases to be a member of the task force when the
member ceases to be a member of the commission. A member of the
commission may be reappointed to the task force.
(5) A legislator appointed to the task force is entitled to per
diem and other expense payments as authorized by ORS 171.072 from
funds appropriated to the Legislative Assembly. Other members of
the task force are entitled to compensation and expenses as
provided in ORS 292.495.
(6) The Department of Transportation shall provide staff to the
task force.
(7) The task force shall study alternatives to the current
system of taxing highway use through motor vehicle fuel taxes.
The task force shall gather public comment on alternative
approaches and shall make recommendations to the Department of
Transportation and the Oregon Transportation Commission on the
design of pilot programs to be used to test alternative
approaches. The task force may also make recommendations to the
department and the commission on criteria to be used to evaluate
pilot programs. The task force may evaluate any pilot program
implemented by the department and report the results of the
evaluation to the Legislative Assembly, the department and the
commission.
{ - (8) In addition to the requirements of subsection (9) of
this section, the task force shall propose to the Seventy-second
Legislative Assembly options for the design of a revenue
collection system for Oregon's roads and highways that would
replace the current system for revenue collection. - }
{ - (9) - } { + (8) + } The task force shall report to each
regular session of the Legislative Assembly on the work of the
task force, the department and the commission in designing,
implementing and evaluating pilot programs.
{ - (10) - } { + (9) + } Official action by the task force
requires the approval of a majority of the members of the task
force.
{ - (11) - } { + (10) + } Notwithstanding ORS 171.130 and
171.133, the task force by official action may recommend
legislation. Legislation recommended by the task force must
indicate that it is introduced at the request of the task force.
Legislative measures proposed by the task force shall be prepared
in time for presession filing with the Legislative Counsel by
December 15 of the year preceding a regular session of the
Legislative Assembly.
SECTION 2. ORS 367.620 is amended to read:
367.620. (1) The principal amount of Highway User Tax Bonds
issued under ORS 367.615 shall be subject to the provisions of
ORS 286A.035.
(2) Highway User Tax Bonds may be issued under ORS 367.615 for
the purposes described in ORS 367.622 in an aggregate principal
amount sufficient to produce net proceeds of not more than $500
million.
(3)(a) Highway User Tax Bonds may be issued under ORS 367.615
for bridge purposes described in section 10 (1), chapter 618,
Oregon Laws 2003, in an aggregate principal amount sufficient to
produce net proceeds of not more than $1.6 billion.
(b) Highway User Tax Bonds may be issued under ORS 367.615 for
modernization purposes described in sections 10 (2) and 11,
chapter 618, Oregon Laws 2003, in an aggregate principal amount
sufficient to produce net proceeds of not more than $300 million.
(c) Highway User Tax Bonds may be issued under ORS 367.615 for
the purposes described section 64, chapter 865, Oregon Laws 2009,
in an aggregate principal amount sufficient to produce net
proceeds of not more than $840 million. { + The proceeds from
bonds issued as described in this paragraph that are not required
for the purposes described in section 64, chapter 865, Oregon
Laws 2009, shall be allocated to transportation projects, as
defined in ORS 367.010, that are approved by the Legislative
Assembly by law. + }
(d) The Department of Transportation, with the approval of the
State Treasurer, may designate the extent to which a series of
bonds authorized under this subsection is secured and payable on
a parity of lien or on a subordinate basis to existing or future
Highway User Tax Bonds.
SECTION 3. { + (1) The Department of Transportation shall
consult with the legislative committees related to transportation
during a session of the Legislative Assembly, or the interim
legislative committees related to transportation, prior to
expending federal funds received under a federal law that
provides general economic stimulus moneys to this state that may
be used by the department for transportation projects.
(2) As used in this section, 'transportation project' has the
meaning given that term in ORS 367.010. + }
SECTION 4. ORS 801.041, as amended by section 40a, chapter 865,
Oregon Laws 2009, is amended to read:
801.041. The following apply to the authority granted to
counties by ORS 801.040 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.
Notwithstanding ORS 203.055 or any provision of a county charter,
the governing body of a county with a population of 350,000 or
more may enact an ordinance establishing registration fees
{ + for the purpose of designing, acquiring necessary property
for, engineering and constructing a bridge and its approaches to
replace the Sellwood Bridge that crosses the Willamette River in
the City of Portland + }. { - The governing body of a county
with a population of less than 350,000 may enact an ordinance
establishing registration fees after submitting the ordinance 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 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 (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. 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 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under
ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS
805.040 or 805.045.
(g) School buses or school activity vehicles registered under
ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS
805.060.
(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 (10) or (11).
(k) Vehicles registered as farm vehicles under the provisions
of ORS 805.300.
(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 (1). For vehicles
on which a flat fee is imposed under ORS 803.420, 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. { + The moneys shall be used
for the necessary property acquisition for and the design,
replacement, engineering and construction of a bridge and its
approaches to replace the Sellwood Bridge that crosses the
Willamette River in the City of Portland. Except for motor
vehicles registered as government-owned vehicles under ORS
805.040, the bridge shall be restricted to motor vehicles with a
gross vehicle weight rating of 26,000 pounds or less. + }
{ - The county ordinance shall provide for payment of at least
40 percent of the moneys to cities within the county unless a
different distribution is agreed upon by 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.
SECTION 5. ORS 801.041, as amended by section 40a, chapter 865,
Oregon Laws 2009, and section 4 of this 2011 Act, is amended to
read:
801.041. The following apply to the authority granted to
counties by ORS 801.040 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.
Notwithstanding ORS 203.055 or any provision of a county charter,
the governing body of a county with a population of 350,000 or
more may enact an ordinance establishing registration fees
{ - for the purpose of designing, acquiring necessary property
for, engineering and constructing a bridge and its approaches to
replace the Sellwood Bridge that crosses the Willamette River in
the City of Portland - } . { + The governing body of a county
with a population of less than 350,000 may enact an ordinance
establishing registration fees after submitting the ordinance 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 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 (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. 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 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under
ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS
805.040 or 805.045.
(g) School buses or school activity vehicles registered under
ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS
805.060.
(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 (10) or (11).
(k) Vehicles registered as farm vehicles under the provisions
of ORS 805.300.
(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 (1). For vehicles
on which a flat fee is imposed under ORS 803.420, 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. { - The moneys shall be used
for the necessary property acquisition for and the design,
replacement, engineering and construction of a bridge and its
approaches to replace the Sellwood Bridge that crosses the
Willamette River in the City of Portland. Except for motor
vehicles registered as government-owned vehicles under ORS
805.040, the bridge shall be restricted to motor vehicles with a
gross vehicle weight rating of 26,000 pounds or less. - }
{ + The county ordinance shall provide for payment of at least
40 percent of the moneys to cities within the county unless a
different distribution is agreed upon by the county and the
cities within the jurisdiction of the county. The moneys for the
cities and the county 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.
SECTION 6. { + The amendments to ORS 801.041 by section 5 of
this 2011 Act become operative on July 1, 2013. + }
SECTION 7. { + The Director of Transportation shall: + }
{ + (1) Appoint an employee of the Department of
Transportation to participate in meetings held by the cooperating
committee created pursuant to the Multistate Highway
Transportation Agreement under ORS 802.560.
(2) Pay any membership fee required by the Multistate Highway
Transportation Agreement from funds appropriated to the
department. + }
SECTION 8. { + Sections 3, 4 and 41, chapter 865, Oregon Laws
2009, are repealed. + }
SECTION 9. { + Section 3 of this 2011 Act applies to federal
laws that provide economic stimulus funds to states that take
effect on or after the effective date of this 2011 Act. + }
SECTION 10. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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