Bill Text: OR SB128 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 128

LC 509/SB 128-4

                      SENATE AMENDMENTS TO
                         SENATE BILL 128

By COMMITTEE ON BUSINESS, TRANSPORTATION AND ECONOMIC DEVELOPMENT

                            April 20

  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and delete line 3 and insert '
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.'.
  On page 2, delete lines 35 through 45 and delete pages 3
through 7 and insert:
  '  { +  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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