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 2546
 
                           C-Engrossed
 
                         Senate Bill 479
                  Ordered by the House June 30
 Including Senate Amendments dated March 7 and House Amendments
                    dated June 21 and June 30
 
Sponsored by COMMITTEE ON INFORMATION MANAGEMENT AND TECHNOLOGY
 
 
                             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.
 
    { - Imposes requirements on local governments with respect to
provision of telecommunication service by local government.
Provides exceptions. Includes telecommunications infrastructure
in definition of infrastructure project for purposes of financial
assistance from Special Public Works Fund. - }  Modifies
provisions dealing with payment of privilege tax by
telecommunications utilities.
 
                        A BILL FOR AN ACT
Relating to telecommunications; creating new provisions; and
  amending ORS 759.105.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 759.105 is amended to read:
  759.105.  { + (1) + } The privilege tax authorized by ORS
221.515, or  { +  any + } other similar   { - exactions - }
 { + exaction + } imposed by any municipality in this state upon
telecommunications utilities for use and occupancy of streets,
alleys or highways, or all of them,   { - shall be allowed as an
operating expense of the affected telecommunications utilities
operating in the municipality for rate-making purposes by the
Public Utility Commission - }  { +  may be paid on a quarterly
basis + }.
   { +  (2) In the sole discretion of a telecommunications
utility, + } the   { - cost of such - }  { +  amount of the + }
privilege tax { + , + } or  { + the amount of any + } other
similar   { - exactions shall - }  { +  exaction, may  + }be
charged pro rata to the   { - users of such telecommunications
utility - }   { + end users of the telecommunications utility + }
within the municipality   { - unless the Public Utility
Commission determines on a statewide basis that such pro rata
charges would be inequitable, in whole or in part, to city
ratepayers or should otherwise be borne as a statewide operating
expense by the telecommunications utility - } . { +  If the
privilege tax, or other similar exaction, is not charged to the
end users, the Public Utility Commission must allow a
telecommunications utility to recover the amount of the tax, or
 
any other similar exaction, as an operating expense for
rate-making purposes. + }
  SECTION 2.  { + The amendments to ORS 759.105 (1) by section 1
of this 2001 Act apply to the privilege tax authorized by ORS
221.515, or any other similar exaction, imposed pursuant to an
agreement entered into or amended for any purpose on or after the
effective date of this 2001 Act for use and occupancy of streets,
alleys or highways, or all of them. + }
                         ----------