71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3673
A-Engrossed
House Bill 3408
Ordered by the House May 23
Including House Amendments dated May 23
Sponsored by COMMITTEE ON 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.
{ - Prohibits city or county from granting exclusive
franchise to for-hire carrier of persons. - }
{ - Prohibits city from limiting number of transportation
providers or regulating fares. - }
{ - Allows certain government units to license taxicabs and
other vehicles for hire. - }
{ - Prohibits certain government units from regulating entry
into business, fares or routes of taxicabs and other vehicles for
hire. - }
{ + Authorizes local governments to form regional
transportation authority by intergovernmental agreement.
Specifies provisions that must be included in intergovernmental
agreement. Enumerates powers and duties of board of directors of
authority. + }
A BILL FOR AN ACT
Relating to transportation.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2001
Act: + } { +
(1) 'Agency account' means an account of a regional
transportation authority used to hold funds derived from a
revenue-raising measure passed by the electors of a regional
transportation authority district or subdistrict or other income
or receipts of an authority.
(2) 'Authority' means a regional transportation authority
organized under section 2 of this 2001 Act.
(3) 'Board' means the board of directors of a regional
transportation authority.
(4) 'District' means the territorial jurisdiction of a regional
transportation authority.
(5) 'Local government' means a city, county, mass transit
district, metropolitan planning organization, metropolitan
service district or port authority.
(6) 'Revenue-raising measure' means a ballot measure referred
by the board to the electors of an authority district or
subdistrict to impose, issue or change a fee, toll, excise tax,
assessment, general obligation or revenue bond, property tax or
other tax to fund regional transportation projects or programs.
(7) 'Subdistrict' means an area within the district that is
established under section 2 (6) of this 2001 Act.
(8) 'Transportation project or program' means a project or
program:
(a) To finance, acquire, engineer, plan, operate, install,
construct, repair or maintain facilities, equipment and rolling
stock for travel by road, transit, bicycle, air, water or
passenger or freight rail or pedestrian travel;
(b) For transportation demand management; or
(c) To inform the public about or to promote or discourage the
use of the facilities, equipment and associated services. + }
SECTION 2. { + (1) Local governments may form a regional
transportation authority and a regional transportation authority
district by an intergovernmental agreement under ORS 190.003 to
190.130. The parties to the intergovernmental agreement must
include each of the following jurisdictions if the proposed
district is located, in whole or in part, within the boundaries
of the jurisdiction:
(a) A metropolitan planning organization or, if different from
the metropolitan planning organization, a metropolitan service
district;
(b) A county;
(c) A port authority;
(d) A mass transit district;
(e) A city with a population of at least 400,000 people; and
(f) A majority of all cities.
(2) The territorial jurisdiction of an authority is limited to
the geographic boundary of the district. The geographic boundary
of the district:
(a) Must be identified in the intergovernmental agreement; and
(b) May be limited to a proposed service area but may not
extend beyond the aggregate boundary of the local governments
that form or become party to the intergovernmental agreement.
(3)(a) The board of directors shall govern the authority.
(b) Board members shall be appointed or elected as at-large
members.
(c) The intergovernmental agreement must describe the manner
and terms of appointing or electing members of the board, the
method for scheduling board meetings, the selection of a board
chairperson and other officers and the creation of board
committees and advisory committees.
(4) The board may not:
(a) Conduct business unless a quorum, as established by the
intergovernmental agreement, is present.
(b) Exercise a power granted under section 4 of this 2001 Act
unless a majority of the board members in attendance at the time
of the vote approves.
(5) The intergovernmental agreement forming an authority must
include provisions that:
(a) Ensure the payment of operating costs of the authority,
including the reasonable costs of professional and support
services, office space, utility and telecommunications services
and related operating costs;
(b) Ensure coordination between the board and the participating
local governments;
(c) Establish a process for determining which transportation
projects or programs to fund with a proposed revenue-raising
measure and when the measure will be voted on by the electors of
the district or subdistrict;
(d) Specify the source of funds or the process for determining
the source of funds to pay the cost of placing a revenue-raising
measure on the ballot;
(e) Relate to monitoring and auditing the expenditure of funds;
(f) Establish how the authority will coordinate with the
participating local governments to ensure compliance with
applicable federal, state, regional and local transportation
planning, environmental, development and construction
requirements;
(g) Provide for and govern the dissolution of the authority, or
a subdistrict of the district, but the agreement may not allow
dissolution unless a majority of the parties to the
intergovernmental agreement approves of the dissolution; and
(h) Govern the process and requirements for amending the
intergovernmental agreement.
(6)(a) A subdistrict of the district may be established:
(A) In the intergovernmental agreement by which the authority
is formed; or
(B) After the authority is formed, by a resolution or order of
the board if the board receives a request for the establishment
of a subdistrict by all signatories to the intergovernmental
agreement and the board determines that a subdistrict is needed
to address transportation project or program needs of the
subdistrict. A request for the establishment of a subdistrict
must include a proposed boundary for the subdistrict.
(b) A subdistrict may be dissolved by a resolution or order of
the board if the board receives a request for the dissolution of
a subdistrict from the signatories to the intergovernmental
agreement and the board determines that a subdistrict is no
longer needed.
(7) A local government that was not a party to the formation of
the authority or an area that was not included within the
boundary of the district described in the intergovernmental
agreement may be added by an amendment to the intergovernmental
agreement.
(8) The board shall maintain a separate agency account for the
district and for each subdistrict. + }
SECTION 3. { + (1) A regional transportation authority may by
board resolution or order refer to electors residing in the
district or in a subdistrict a revenue-raising measure that
complies with section 4 (3) of this 2001 Act to fund, in whole or
in part, transportation projects or programs within the district
or subdistrict.
(2) Before referring a revenue-raising measure to the electors,
an authority shall hold at least three public hearings related to
the proposed measure. Procedures and conditions shall be
established through the intergovernmental agreement entered into
under section 2 of this 2001 Act. + }
SECTION 4. { + (1) The powers of the board of directors of a
regional transportation authority include:
(a) Notwithstanding ORS 190.080 (2), the issuance of general
obligation bonds. Outstanding general obligation bonds may not
exceed in the aggregate two and one-half percent of the real
market value of all taxable property within the district or
subdistrict, as appropriate. The board shall cause the issuance
of general obligation bonds authorized by the electors from time
to time, and the general obligation bonds must mature within a
term not to exceed 30 years from issue date and bear interest at
a rate determined by the board.
(b) The adoption of a resolution or order that allows the
authority to issue notes, warrants or other obligations in
anticipation of taxes or other revenues or to refund obligations
authorized under this subsection, to secure obligations by
pledging as security for the obligations the taxes and other
revenues in anticipation of which the obligations are issued, to
establish any reserves deemed necessary by the board for the
payment of the obligations, to enact covenants and provisions for
protection and security of the holders of obligations, which
shall constitute enforceable contracts with the holders, or to
issue and sell revenue bonds and pledge as security therefor all
or any part of the unobligated net revenue of the authority in
accordance with ORS 288.805 to 288.945.
(c) Notwithstanding ORS 190.080 (2), the power to levy taxes.
(d) The establishment of an election date for a revenue-raising
measure or other matters to be voted on by electors of the
district or a subdistrict.
(e) The identification of transportation projects or programs
that comply with subsection (3) of this section to be financed
with the proceeds of a revenue-raising measure or other
obligations to be repaid with proceeds of a revenue-raising
measure.
(f) The power to contract or enter into an agreement to
accomplish the purposes of section 3 of this 2001 Act with a
government agency or a private entity to obtain legal, financial,
technical or other necessary information or services.
(g) The power to contract or enter into an agreement with a
government agency or a private entity that sponsors a
transportation project or program and to make a multiyear
commitment, not to exceed 30 years, of funds derived from a
revenue-raising measure for the support of a transportation
project or program. A contract or agreement may contain covenants
and provisions for the protection and security of the holders of
obligations issued by the transportation project or program
sponsors and to be repaid with revenues from such contracts.
(h) The disbursement of funds from agency accounts to a
government agency, a nonprofit entity or a private entity that
sponsors a transportation project or program on a formula
allocation or project or program basis.
(i) The performance of other acts that are necessary or
convenient for the proper exercise of the powers granted to an
authority by sections 1 to 6 of this 2001 Act.
(2) An authority may not impose, issue or change a tax, fee,
toll, assessment or general obligation or revenue bond without
approval by a majority of electors voting on the revenue-raising
measure in the district or subdistrict that is subject to the
revenue-raising measure.
(3) Moneys from a tax, fee, toll, assessment, general
obligation or revenue bond, obligation or other encumbrance must
be deposited into an agency account and may be used only to fund,
in whole or in part, a transportation project or program or to
pay the administrative costs of the authority. A transportation
project or program may be funded only if the project or program:
(a) Is included in and consistent with the financially
constrained version of an adopted regional transportation plan
or, in an area without a metropolitan planning organization or a
metropolitan service district, is included in an adopted local
transportation plan; and
(b) Complies with federal statutes and regulations, state laws
and rules and regional and local regulations, ordinances and
comprehensive plans, including those related to the environment,
air quality, transportation and land use.
(4) The board may by resolution or order determine methods to
fairly allocate the responsibility to pay administrative and
financing costs of the authority among the district and
subdistrict agency accounts. + }
SECTION 5. { + Before referring a revenue-raising measure to
electors in a regional transportation authority district or
subdistrict, the board of directors of the authority must:
(1) Consult with the parties to the intergovernmental agreement
forming the authority; and
(2) If funds derived from a revenue-raising measure are to be
used for improvements on state-owned facilities, receive approval
from the Department of Transportation or the Oregon Department of
Aviation. + }
SECTION 6. { + A regional transportation authority is subject
to laws relating to public records, public meetings and tort
claims. + }
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