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 841
Senate Bill 634
Sponsored by COMMITTEE ON GENERAL GOVERNMENT AND 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 as
introduced.
Establishes Access to Public Transportation Fund.
Establishes State Elderly and Disabled Transportation
Commission within Department of Human Services.
Allows Department of Human Services to distribute, according to
methodology developed by State Elderly and Disabled
Transportation Commission, moneys from fund to transportation
districts and counties for specified public transportation
purposes.
Directs Department of Human Services and State Elderly and
Disabled Transportation Commission to report at least once per
year to appropriate legislative committees.
Requires district or county that receives moneys from fund to
appoint regional advisory committee to advise governing body of
district or county concerning distribution of moneys.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to access to public transportation; creating new
provisions; amending ORS 293.701 and 323.455; repealing ORS
391.800, 391.810, 391.815, 391.820 and 391.830; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly finds that many
residents of the State of Oregon, particularly senior citizens
and people with disabilities, have limited transportation choices
and that it is necessary to address the unmet needs of these
residents.
(2) The Legislative Assembly declares that the freedom and
independence provided by accessible public transportation is
important for the quality of life of Oregonians.
(3) The Legislative Assembly further declares that Oregonians
have a right to have access to medical, life-sustaining, social
and other meaningful activities through the availability of
public transportation services appropriate to the respective
needs of Oregonians.
(4) The Legislative Assembly further declares that it is in the
best interests of all Oregonians that this state encourage, when
appropriate, the coordinated use of appropriately equipped
vehicles and transportation resources among state agencies and
local governments for the purpose of serving the transportation
needs of the many senior citizens and people with disabilities in
this state.
(5) The Legislative Assembly further declares that it is the
policy of this state to provide for and encourage programs
necessary to allow participation in the activities described in
subsection (3) of this section. It is the intent of sections 1 to
7 of this 2001 Act to provide financing and guidance for the
establishment, implementation and continuation of public
transportation programs for all Oregonians. + }
SECTION 2. { + (1) The Access to Public Transportation Fund,
separate and distinct from the General Fund, is established in
the State Treasury. All moneys in the Access to Public
Transportation Fund are continuously appropriated to the
Department of Human Services for the purpose of funding
transportation projects and services and for payment of the costs
incurred by the department in administering the fund. In each
biennium, of the amounts expended from the fund, not more than
two percent shall be used to pay the total administrative
expenses of the State Elderly and Disabled Transportation
Commission established under section 3 of this 2001 Act and of
the department in carrying out the provisions of sections 4 to 7
of this 2001 Act. The commission shall determine a percent amount
that shall be used to pay the administrative expenses of the
regional advisory committees appointed under section 5 of this
2001 Act. The remainder of the amounts expended shall be used for
funding transportation projects and services.
(2) The Access to Public Transportation Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly;
(b) Any appropriate federal government or local government
moneys;
(c) Any appropriate cigarette tax moneys, including but not
limited to the moneys distributed under ORS 323.455 (3);
(d) Any appropriate allocations under the federal
Transportation Equity Act for the 21st Century; and
(e) Interest and other earnings on moneys in the fund.
(3) The department may seek grants from the federal government
or other organizations to supplement the Access to Public
Transportation Fund.
(4) Moneys in the fund, with the approval of the State
Treasurer, may be invested as provided in ORS 293.701 to 293.820.
The earnings from the investments shall be credited to the fund.
(5) The department shall adopt rules to ensure cost-effective
administration of the fund. + }
SECTION 3. { + (1) The State Elderly and Disabled
Transportation Commission is established within the Department of
Human Services.
(2) The commission shall consist of nine members appointed as
follows:
(a) Two members appointed by the Governor's Commission on
Senior Services, of whom one shall represent a rural area and the
other an urban area;
(b) Two members appointed by the Oregon Disabilities
Commission, of whom one shall represent a rural area and the
other an urban area; and
(c) Five members appointed by the Oregon Association of Area
Agencies on Aging and Disabilities. Not more than one of the
members appointed under this paragraph shall reside in each
congressional district of this state.
(3) A member of the commission shall serve for a term of three
years. However, the terms of the members first appointed to the
commission shall be adjusted so as to create staggered terms for
the members.
(4) The commission shall meet at least once in each calendar
quarter.
(5) Expenses of the commission, including but not limited to
expenses for personal services, other services and supplies,
shall be paid from the Access to Public Transportation Fund. + }
SECTION 4. { + (1) The State Elderly and Disabled
Transportation Commission shall request and accept grant
proposals from counties and transportation districts seeking
moneys from the Access to Public Transportation Fund. The
Department of Human Services shall distribute moneys to counties
and transportation districts on a competitive basis according to
the recommendations of the commission based on the guidelines and
methodology developed by the commission under subsection (2) of
this section. When the department distributes moneys under this
section, the department shall abide by the recommendations of the
commission unless the department can show sufficient
justification for not abiding by the recommendations of the
commission.
(2) The State Elderly and Disabled Transportation Commission
shall develop guidelines and a methodology for prioritizing the
award of grants based on the following:
(a) First priority for awards shall be given to those proposals
that seek to provide transportation services to persons living in
areas in which transportation within or between communities is
severely limited or nonexistent; and
(b) Priority shall also be given to those proposals that
encourage coordination of resources and that are made in
partnership with one or more of the following:
(A) A local government;
(B) A transportation planning agency;
(C) A community action program;
(D) A transportation resource entity;
(E) A division of the Department of Human Services;
(F) A social service agency;
(G) A private and nonprofit group;
(H) A school district board; or
(I) Any other affected person.
(3) All successful grant proposals must address the following:
(a) The special transportation service needs of senior citizens
and people with physical and mental disabilities;
(b) Coordination with other transportation resources in the
county or transportation district; and
(c) Cost efficiency.
(4) The State Elderly and Disabled Transportation Commission
shall also establish guidelines to ensure a continuation of
grants to existing programs that demonstrate the following
attributes:
(a) Proven efficient use of funds;
(b) Coordination of resources with other governmental and
nongovernmental entities; and
(c) Other criteria established by the commission.
(5) Receipt of grant moneys is subject to the appointment of a
regional advisory committee by the governing body of the county
or the transportation district that is awarded the grant.
(6) A county or transportation district may enter into an
intergovernmental agreement under ORS 190.010 to facilitate the
performance of functions or projects financed with moneys from
the Access to Public Transportation Fund.
(7) The Department of Human Services shall, when appropriate,
cooperate with the State Board of Education to promote efficient
use of appropriately equipped school vehicles for the
transportation needs of senior citizens and persons with
disabilities. + }
SECTION 5. { + (1) The governing body of each county and
transportation district that receives moneys from the Access to
Public Transportation Fund shall appoint a regional advisory
committee to advise and assist the governing body in carrying out
the purposes of sections 1 to 7 of this 2001 Act and the grant
proposal submitted by the county or transportation district. A
regional advisory committee appointed under this section shall
consist of nine members. A member shall serve for a term of three
years. The governing body may adjust the length of the terms of
the members first appointed to create staggered terms.
(2) In order to serve on a regional advisory committee
appointed under this section, an individual must reside within
the county or the district for which the regional advisory
committee is appointed.
(3) A regional advisory committee appointed under this section
shall include the following members:
(a) Five members who need special transportation services
because of age or disability.
(b) Two members who represent businesses in the county or
district that are directly affected by senior citizens and people
with disabilities.
(c) Two members representing the general public in the county
or district.
(4) The members of a regional advisory committee serve at the
pleasure of the governing body that appoints the members. A
regional advisory committee shall appoint a chairperson from
among its members. A regional advisory committee shall meet at
the call of the chairperson at least once in each calendar
quarter.
(5) A regional advisory committee appointed under this section
shall review the distribution by the governing body of moneys
received from the Access to Public Transportation Fund. The
regional advisory committee may propose changes to policies or
practices relating to the distribution of the moneys that the
regional advisory committee considers necessary or desirable.
(6) The governing body and the regional advisory committee
shall cooperate in devising an efficient use of appropriately
equipped school vehicles for the transportation needs of senior
citizens and persons with disabilities if appropriately equipped
vehicles are available. + }
SECTION 6. { + (1) The Department of Human Services and the
State Elderly and Disabled Transportation Commission shall report
at least once each year to the legislative committees on
transportation and human resources with respect to:
(a) The names of recipients of grants and the amount of funds
distributed to the recipients; and
(b) The extent of progress in coordinating elderly and disabled
transportation activities with facilities in other state
departments and in the private sector.
(2) Each regional advisory committee shall report twice each
year to the State Elderly and Disabled Transportation Commission
with respect to:
(a) The names of recipients of grants and the amount of funds
distributed to recipients; and
(b) The extent of progress in coordinating elderly and disabled
transportation activities with facilities in state departments
and in the private sector. + }
SECTION 7. { + (1) As used in this section, 'provider of
transportation' means a county, transportation district, person
or other public or private entity that maintains, operates or
sponsors vehicles and facilities for the transportation of
passengers for profit or on a nonprofit or voluntary basis.
(2) The governing body of each county or transportation
district that receives moneys from the Access to Public
Transportation Fund shall distribute the moneys to providers of
transportation for the purpose of financing and improving
transportation programs and services for the senior citizens and
people with disabilities in the county or district.
(3) After consultation with the regional advisory committee
appointed under section 5 of this 2001 Act, the governing body of
a county or transportation district shall determine the amount of
moneys to be distributed to a provider of transportation and the
purposes for which the moneys must be used.
(4) Moneys distributed to providers of transportation under
this section may be used for the following purposes:
(a) Development of new public transportation programs and
services, including programs and services that connect
communities.
(b) Enhancement and maintenance of existing public
transportation programs and services.
(c) Planning for, and development of, access to public
transportation for individuals who are not served by public
transportation programs and services.
(d) Expansion of public transportation programs and
services. + }
SECTION 8. ORS 293.701, as amended by section 67, chapter 1078,
Oregon Laws 1999, is amended to read:
293.701. As used in ORS 293.701 to 293.820, unless the context
requires otherwise:
(1) 'Council' means the Oregon Investment Council.
(2) 'Investment funds' means:
(a) Public Employees Retirement Fund referred to in ORS
238.660;
(b) Industrial Accident Fund referred to in ORS 656.632;
(c) Consumer and Business Services Fund referred to in ORS
705.145;
(d) Employment Department Special Administrative Fund referred
to in ORS 657.822;
(e) Insurance Fund referred to in ORS 278.425;
(f) Funds under the control and administration of the Division
of State Lands;
(g) Oregon Student Assistance Fund referred to in ORS 348.570;
(h) Moneys made available to the Commission for the Blind under
ORS 346.270 and 346.540 or rules adopted thereunder;
(i) Forest rehabilitation bonds sinking fund referred to in ORS
530.280;
(j) Oregon War Veterans' Fund referred to in ORS 407.495;
(k) Oregon War Veterans' Bond Sinking Account referred to in
ORS 407.515;
(L) World War II Veterans' Compensation Fund;
(m) World War II Veterans' Bond Sinking Fund;
(n) Savings and loan association funds in the hands of the
Director of the Department of Consumer and Business Services;
(o) Funds in the hands of the State Treasurer that are not
required to meet current demands;
(p) State funds that are not subject to the control and
administration of officers or bodies specifically designated by
law;
(q) Funds derived from the sale of state bonds;
(r) Social Security Revolving Account referred to in ORS
237.490;
(s) Investment funds of the State Board of Higher Education
lawfully available for investment or reinvestment;
(t) Local Government Employer Benefit Trust Fund referred to in
ORS 657.513;
(u) { - Elderly and Disabled Special Transportation Fund
established by ORS 391.800 - } { + Access to Public
Transportation Fund established by section 2 of this 2001
Act + };
(v) Oregon Resource and Technology Development Account
established by ORS 284.630;
(w) Education Endowment Fund established by ORS 348.696; and
(x) Deferred Compensation Fund established under ORS 243.411.
(3) 'Investment officer' means the State Treasurer in the
capacity as investment officer for the council.
SECTION 9. ORS 323.455 is amended to read:
323.455. (1) All moneys received by the Department of Revenue
from the tax imposed by ORS 323.030 (1) shall be paid over to the
State Treasurer to be held in a suspense account established
under ORS 293.445. After the payment of refunds, 89.65 percent
shall be
{ - appropriated - } { + credited + } to the General Fund,
3.45 percent { - shall be - } { + is + } appropriated to the
cities of this state, 3.45 percent
{ - shall be - } { + is + } appropriated to the counties of
this state and 3.45 percent { - shall be - } { + is
continuously + } appropriated to the Department of
{ - Transportation - } { + Human Services + } for the purpose
of financing and improving transportation services for elderly
and disabled individuals { - as provided in ORS 391.800 to
391.830 - } .
(2) The moneys so appropriated to cities and counties shall be
paid on a monthly basis within 35 days after the end of the month
for which a distribution is made. Each city shall receive such
share of the money appropriated to all cities as its population,
as determined under ORS 190.510 to 190.590 last preceding such
apportionment, bears to the total population of the cities of the
state, and each county shall receive such share of the money as
its population, determined under ORS 190.510 to 190.590 last
preceding such apportionment, bears to the total population of
the state.
(3) The moneys appropriated to the Department of
{ - Transportation - } { + Human Services + } under
subsection (1) of this section shall be distributed and
transferred to the { - Elderly and Disabled Special - }
{ + Access to Public + } Transportation Fund established by
{ - ORS 391.800 - } { + section 2 of this 2001 Act + } at the
same time as the cigarette tax moneys are distributed to cities
and counties under this section.
(4) Of the moneys { - appropriated - } { + credited + } to
the General Fund under this section 51.92 percent shall be
dedicated to funding the maintenance and expansion of the number
of persons eligible for medical assistance under the Oregon
Health Plan, or to funding the maintenance of the benefits
available under the Oregon Health Plan, or both, and 5.77 percent
shall be credited to the Tobacco Use Reduction Account
established under ORS 431.832.
SECTION 10. { + Notwithstanding the repeal of ORS 391.810 by
section 12 of this 2001 Act, during the biennium ending June 30,
2003, the Department of Human Services shall distribute
three-quarters of the moneys in the Access to Public
Transportation Fund that are transferred to the fund under ORS
323.455 (3) as specified in ORS 391.810 (1) (1999 Edition) as if
the repeal of ORS 391.810 by section 12 of this 2001 Act had not
occurred. + }
SECTION 11. { + Not later than the 30th day after the
effective date of this 2001 Act, all moneys in the Elderly and
Disabled Special Transportation Fund and all moneys required to
be transferred to the Elderly and Disabled Special Transportation
Fund but not yet paid to the fund shall be transferred to the
Access to Public Transportation Fund established by section 2 of
this 2001 Act. + }
SECTION 12. { + ORS 391.800, 391.810, 391.815, 391.820 and
391.830 are repealed. + }
SECTION 13. { + There is appropriated to the Access to Public
Transportation Fund, for the biennium beginning July 1, 2001, out
of the General Fund, the sum of $1 for the purpose of carrying
out sections 1 to 7 of this 2001 Act. + }
SECTION 14. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
----------