Bill Text: OR SB810 | 2013 | Regular Session | Engrossed

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

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Bill Title: Relating to transportation; prescribing an effective date.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2013-08-21 - Effective date, October 7, 2013. [SB810 Detail]

Download: Oregon-2013-SB810-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 810

LC 3802/SB 810-A9

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 810

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 5

  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '271.310,'.
  In line 3, after the semicolon insert 'limiting expenditures;'.
  On page 2, delete lines 28 and 29 and insert:
  ' (d) Approval does not cause the number of subject vehicles
active in the road usage charge program on the date of approval
to exceed 5,000, of which no more than 1,500 may have a rating of
less than 17 miles per gallon and no more than 1,500 may have a
rating of at least 17 miles per gallon and less than 22 miles per
gallon, such ratings to be determined pursuant to a method
established by the department.'.
  On page 16, after line 1, insert:
                                '
 { +  EXPENDITURE LIMITATION + }

  '  { +  SECTION 31. + }  { + Notwithstanding any other law
limiting expenditures, the limitation on expenditures established
by section 3 (7), chapter 556, Oregon Laws 2013 (Enrolled Senate
Bill 5544), for the biennium beginning July 1, 2013, as the
maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts and federal funds
received as reimbursement from the United States Department of
Transportation, but excluding lottery funds and federal funds not
described in this section, collected or received by the
Department of Transportation, is increased by $2,828,339 for the
road usage charge program established by sections 2 to 15 of this
2013 Act. + }

                                '
 { +  RAIL PROXIMATE REAL PROPERTY TRANSFERS + }

  '  { +  SECTION 32. + } ORS 271.310 is amended to read:
  ' 271.310. (1) Except as provided in subsection (2) of this
section and subject to subsection (3) of this section, whenever
any political subdivision possesses or controls real property not
needed for public use, or whenever the public interest may be
furthered, a political subdivision may sell, exchange, convey or
lease for any period not exceeding 99 years all or any part of
the political subdivision's interest in the property to a
governmental body or private individual or corporation. The
consideration for the transfer or lease may be cash or real
property, or both.
  ' (2) If the ownership, right or title of the political
subdivision to any real property set apart by deed, will or
otherwise for a burial ground or cemetery, or for the purpose of
interring the remains of deceased persons, is limited or
qualified or the use of the real property is restricted, whether
by dedication or otherwise, the political subdivision may, after
the county court or governing body thereof has first declared by
resolution that the real property is not needed for public use,
or that the sale, exchange, conveyance or lease of the real
property will further the public interest, file a complaint in
the circuit court for the county in which the real property is
located against all persons claiming any right, title or interest
in the real property, whether the interest be contingent,
conditional or otherwise, for authority to sell, exchange, convey
or lease all or any part of the real property. The resolution is
prima facie evidence that the real property is not needed for
public use, or that the sale, exchange, conveyance or lease will
further the public interest. The action shall be commenced and
prosecuted to final determination in the same manner as an action
not triable by right to a jury. The complaint shall contain a
description of the real property, a statement of the nature of
the restriction, qualification or limitations, and a statement
that the defendants claim some interest therein. The court shall
make such judgment as it shall deem proper, taking into
consideration the limitation, qualifications or restrictions, the
resolution, and all other matters pertinent thereto. Neither
costs nor disbursements may be recovered against any defendant.
  ' (3)(a) At least 30 days before listing or placing real
property for sale, exchange or conveyance, a political
subdivision shall notify the Department of Transportation of its
intent to sell, exchange or convey the real property if the real
property is within 100 feet of a railroad right of way or is
within 500 feet of an at-grade rail crossing.
  ' (b) The department shall share the advance notice with
private providers of rail service that might be interested in
obtaining the real property to facilitate the current delivery or
future expansion of rail service. Notwithstanding the benefit of
receiving advance notice, a private provider of rail service may
not obtain or enter into negotiations to obtain the real property
until the political subdivision offers the real property for
sale, exchange, conveyance or lease to the general public. As
used in this paragraph, 'general public' includes private
providers of rail service.
  ' (c) Paragraph (a) of this subsection does not apply { + :
  ' (A) + } To light rail corridors and any other rail corridors
excluded by rule of the department { + ;
  ' (B) If the proposed sale, exchange or conveyance of the real
property is to a provider of rail service; or
  ' (C) To the proposed sale, exchange or conveyance of
easements + }.
  ' (d) The department shall adopt rules to implement this
subsection. The rules may include provisions that:
  ' (A) Identify rail corridors within which a political
subdivision is not required to provide notice of intention to
sell, exchange or convey real property within 100 feet of a
railroad right of way or within 500 feet of an at-grade rail
crossing.
  ' (B) Establish a process for providing advance notice to
private providers of rail service.
  ' (4) Unless the governing body of a political subdivision
determines under subsection (1) of this section that the public
interest may be furthered, real property needed for public use by
any political subdivision owning or controlling the property may
not be sold, exchanged, conveyed or leased under the authority of
ORS 271.300 to 271.360, except that it may be exchanged for
property that is of equal or superior useful value for public
use.  Any such property not immediately needed for public use may
be leased if, in the discretion of the governing body having
control of the property, the property will not be needed for
public use within the period of the lease.
  ' (5) The authority to lease property granted by this section
includes authority to lease property not owned or controlled by
the political subdivision at the time of entering into the lease.

A lease under this subsection shall be conditioned upon the
subsequent acquisition of the interest covered by the lease.'.
  In line 5, delete '31' and insert '33'.
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