77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 276
Sponsored by Senators THOMSEN, COURTNEY, Representatives READ,
HUFFMAN (at the request of Travel Information Council)
(Presession filed.)
CHAPTER ................
AN ACT
Relating to the Travel Information Council; creating new
provisions; and amending ORS 377.835, 377.840 and section 32,
chapter 865, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { +
Travel Information Council + } or { + the + } 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.
(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
Enrolled Senate Bill 276 (SB 276-A) Page 1
not be subject to review and approval by the Legislative Assembly
or to future modification by the Emergency Board or Legislative
Assembly.
(b) The { + Travel Information + } 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 persons known to be interested in
the proceedings of the council and to any person who requests
notice.
(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.
{ + (7) The Secretary of State shall conduct an annual
financial review of the moneys collected, borrowed or received by
the Travel Information Council and the expenditure of those
moneys. The Secretary of State may:
(a) Contract for the financial review with an independent
certified public accountant; or
(b) Accept a financial review conducted by an independent
certified public accountant. + }
{ - (7) - } { + (8) + } As used in this section,
'depository' has the meaning given in ORS 295.001.
SECTION 2. { + The first financial review under the amendments
to ORS 377.840 by section 1 of this 2013 Act must be completed no
later than April 1, 2014. + }
SECTION 3. Section 32, chapter 865, Oregon Laws 2009, as
amended by sections 8 and 13, chapter 63, Oregon Laws 2012, is
amended to read:
{ + Sec. 32. + } (1) The Travel Information Council shall
manage, maintain, improve and develop for local economic
development and other purposes identified in ORS 377.705 roadside
rest areas along the following highways:
(a) Interstate 5, northbound, near milepost 63.
(b) Interstate 5, southbound, near milepost 63.
(c) Interstate 5, northbound, near milepost 241.
(d) Interstate 5, southbound, near milepost 241.
(e) Interstate 5, northbound, near milepost 281.
(f) Interstate 5, southbound, near milepost 281.
(g) Interstate 84, eastbound, near milepost 73.
(h) Interstate 84, westbound, near milepost 73.
(i) Interstate 84, eastbound, near milepost 160.
(j) Interstate 84, westbound, near milepost 160.
(k) Interstate 84, eastbound, near milepost 187.
(L) Interstate 84, westbound, near milepost 187.
(m) Interstate 84, eastbound, near milepost 269.
(n) Interstate 84, westbound, near milepost 269.
(o) Interstate 84, eastbound, near milepost 295.
(p) Interstate 84, westbound, near milepost 295.
(q) Interstate 84, westbound, near milepost 336.
(r) Interstate 84, westbound, near milepost 377.
(s) U.S. Highway 26, westbound, near milepost 54.
(t) U.S. Highway 101, southbound, near milepost 70.
(2) Subject to subsection (4) of this section, in carrying out
the provisions of subsection (1) of this section, the council may
Enrolled Senate Bill 276 (SB 276-A) Page 2
enter into contracts necessary to accomplish the purposes of
subsection (1) of this section.
(3) The Department of Transportation shall:
(a) Maintain ownership of any roadside rest area located along
an interstate highway that the council manages, maintains,
improves and develops pursuant to subsection (1) of this section;
and
(b) Enter into an intergovernmental agreement with the council
under which the council has the authority to manage, maintain,
improve and develop those rest areas owned by the department that
are listed in subsection (1) of this section.
(4) Under the intergovernmental agreement entered into under
subsection (3) of this section, the council shall conduct public
contracting activities in accordance with the provisions of ORS
377.836.
(5) For the purpose of funding the management, maintenance,
improvement and development of roadside rest areas under this
section, the department shall allocate to the council, no later
than January 2, 2013, $4.96 million from the State Highway Fund.
{ - (6) The Secretary of State shall enter into agreements
with the council to set an appropriate financial review schedule
for moneys allocated to the council under this section and ORS
366.752. In lieu of conducting a financial review as required by
that schedule, the Secretary of State may: - }
{ - (a) Contract for the financial review with an independent
certified public accountant; or - }
{ - (b) Accept a financial review conducted by an independent
certified public accountant. - }
{ - (7) - } { + (6) + } The council may not use any moneys
originating from a local transient lodging tax or a state
transient lodging tax, as those terms are defined in ORS 320.300,
for the purpose of funding the management, maintenance,
improvement and development of roadside rest areas under this
section.
SECTION 4. Section 32, chapter 865, Oregon Laws 2009, as
amended by sections 8, 13 and 15, chapter 63, Oregon Laws 2012,
is amended to read:
{ + Sec. 32. + } (1) The Travel Information Council shall
manage, maintain, improve and develop for local economic
development and other purposes identified in ORS 377.705 roadside
rest areas along the following highways:
(a) Interstate 5, northbound, near milepost 63.
(b) Interstate 5, southbound, near milepost 63.
(c) Interstate 5, northbound, near milepost 143.
(d) Interstate 5, southbound, near milepost 143.
(e) Interstate 5, northbound, near milepost 178.
(f) Interstate 5, southbound, near milepost 178.
(g) Interstate 5, northbound, near milepost 206.
(h) Interstate 5, southbound, near milepost 206.
(i) Interstate 5, northbound, near milepost 241.
(j) Interstate 5, southbound, near milepost 241.
(k) Interstate 5, northbound, near milepost 281.
(L) Interstate 5, southbound, near milepost 281.
(m) Interstate 84, eastbound, near milepost 73.
(n) Interstate 84, westbound, near milepost 73.
(o) Interstate 84, eastbound, near milepost 160.
(p) Interstate 84, westbound, near milepost 160.
(q) Interstate 84, eastbound, near milepost 187.
(r) Interstate 84, westbound, near milepost 187.
(s) Interstate 84, eastbound, near milepost 269.
Enrolled Senate Bill 276 (SB 276-A) Page 3
(t) Interstate 84, westbound, near milepost 269.
(u) Interstate 84, eastbound, near milepost 295.
(v) Interstate 84, westbound, near milepost 295.
(w) Interstate 84, westbound, near milepost 336.
(x) Interstate 84, westbound, near milepost 377.
(y) U.S. Highway 26, westbound, near milepost 54.
(z) U.S. Highway 101, southbound, near milepost 70.
(2) Subject to subsection (4) of this section, in carrying out
the provisions of subsection (1) of this section, the council may
enter into contracts necessary to accomplish the purposes of
subsection (1) of this section.
(3) The Department of Transportation shall:
(a) Maintain ownership of any roadside rest area located along
an interstate highway that the council manages, maintains,
improves and develops pursuant to subsection (1) of this section;
and
(b) Enter into an intergovernmental agreement with the council
under which the council has the authority to manage, maintain,
improve and develop those rest areas owned by the department that
are listed in subsection (1) of this section.
(4) Under the intergovernmental agreement entered into under
subsection (3) of this section, the council shall conduct public
contracting activities in accordance with the provisions of ORS
377.836.
(5) For the purpose of funding the management, maintenance,
improvement and development of roadside rest areas under this
section, the department shall allocate to the council, no later
than January 2 of each year, $6.55 million from the State Highway
Fund.
{ - (6) The Secretary of State shall enter into agreements
with the council to set an appropriate financial review schedule
for moneys allocated to the council under this section and ORS
366.752. In lieu of conducting a financial review as required by
that schedule, the Secretary of State may: - }
{ - (a) Contract for the financial review with an independent
certified public accountant; or - }
{ - (b) Accept a financial review conducted by an independent
certified public accountant. - }
{ - (7) - } { + (6) + } The council may not use any moneys
originating from a local transient lodging tax or a state
transient lodging tax, as those terms are defined in ORS 320.300,
for the purpose of funding the management, maintenance,
improvement and development of roadside rest areas under this
section.
SECTION 5. ORS 377.835, as amended by section 1, chapter 63,
Oregon Laws 2012, is amended to read:
377.835. (1) The Travel Information Council is created as a
semi-independent state agency.
(2) The Travel Information Council shall consist of 11 members.
One shall be the chairperson of the Oregon Transportation
Commission or a person designated by the chairperson. The
Governor shall appoint the other 10 members from the public at
large. The Governor shall appoint at least one member from each
congressional district. The Governor shall select members for
their knowledge of, experience with or interest in economic
development, travel within Oregon, recreational opportunities in
Oregon, Oregon history or Oregon natural history.
(3) Each appointed member shall serve for a term of four years,
but an appointed member may be removed at the pleasure of the
Governor. Before the expiration of the term of an appointed
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member, the Governor shall appoint a successor whose term begins
on July 1 next following. An appointed member is eligible for
reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become effective immediately for the
unexpired term.
(4) The council shall select one of its members as chairperson,
another as vice chairperson and a third as secretary.
{ - Six members - } { + A majority of the members serving on
the council + } shall constitute a quorum for the transaction of
business. The council shall meet quarterly at a time and place to
be determined by the chairperson. The chairperson or any three
members of the council may call a special meeting upon not less
than one week's written notice to the other members. All members
are entitled to expenses as provided by ORS 292.495.
(5) The council may, in accordance with ORS chapter 183 and
consistent with ORS 377.700 to 377.840, adopt, amend and repeal
rules relating to tourist oriented directional signs, logo signs
and motorist informational signs and all other matters necessary
and appropriate to carry out its responsibilities under ORS
377.700 to 377.840. The sign rules for protected areas in effect
on July 2, 1971, shall be continued in effect unless modified by
the commission. All rules adopted under this subsection shall be
consistent with federal laws and regulations relating to
highways. The Director of Transportation shall take appropriate
action for the administration and enforcement of orders issued
and rules adopted under ORS 377.700 to 377.840, except rules
adopted by the council under section 33, chapter 865, Oregon Laws
2009.
(6) The commission may continue or amend any existing
agreements and may enter into new agreements with the United
States or any agency thereof authorized to make agreements under
section 131, title 23, United States Code relating to the
regulation, control and removal of signs within or adjacent to
the Interstate and Federal Aid Systems.
(7) The council shall be under the administrative control of a
director who is appointed by and who holds office at the pleasure
of the council. The director of the council may appoint all
subordinate officers and employees of the council and may
prescribe their duties and fix their compensation. The director
of the council may delegate to any subordinate officer or
employee any administrative duty, function or power imposed upon
the council by or pursuant to law.
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Enrolled Senate Bill 276 (SB 276-A) Page 5
Passed by Senate March 7, 2013
Repassed by Senate June 17, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 12, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 276 (SB 276-A) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 276 (SB 276-A) Page 7