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 3056
 
                         Senate Bill 699
 
Sponsored by Senator GEORGE
 
 
                             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.
 
  Requires Department of Transportation to transfer ownership and
control of portion of state highway to city or county upon
request of city or county. Requires transfer of moneys.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to state highways; creating new provisions; amending ORS
  366.290; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The governing body of a city or county may
request that the Department of Transportation transfer to the
city or county ownership and control of the portion of a state
highway that is within the boundaries of the city or county.
  (2) Upon receipt of a request under this section, the
department shall transfer ownership and control of the
appropriate portion of the state highway to the requesting city
or county.  Thereafter, the construction, improvement,
maintenance and repair of such highway shall be under the
jurisdiction of the city or county.
  (3) A city or county that assumes ownership and control of a
portion of a state highway under this section shall establish
standards for construction, improvement, maintenance and repair
of that portion of the highway. In developing the standards, the
city or county shall consult with the Department of
Transportation and the Department of Land Conservation and
Development.
  (4) Each biennium, the Department of Transportation shall
transfer an amount of money determined under section 2 of this
2001 Act to each city and county that assumes ownership and
control of a portion of a state highway under this section. + }
  SECTION 2.  { + Each biennium, the Department of Transportation
shall transfer to each city and county that has assumed ownership
and control of a portion of a state highway under section 1 of
this 2001 Act an amount of money determined by first dividing the
department's biennial budget for highway maintenance and
preservation by the total number of lane miles of state highway,
and then multiplying that quotient by the number of lane miles
transferred to the city or county under section 1 of this 2001
Act. + }
  SECTION 3. ORS 366.290 is amended to read:
 
  366.290. (1) The Department of Transportation may select,
locate, establish, designate, improve and maintain out of the
highway fund a system of state highways, and for that purpose
may, by mutual agreement with several counties, select county
roads or public roads. By an appropriate order entered in its
records the department may designate and adopt such roads as
state highways.  Thereafter the construction, improvement,
maintenance and repair of such roads shall be under the
jurisdiction of the department.
  (2) In the selection of highways or roads to comprise the state
highway system the department shall give consideration to and
shall select such county roads or public roads as will contribute
to and best promote the completion of an adequate system of state
highways.
  (3) With the written consent of the county in which a
particular highway or part thereof is located, the department
may, when in its opinion the interests of the state will be best
served, eliminate from the state highway system any road or
highway or part thereof. Thereafter the road or highway or part
thereof eliminated shall become a county road or highway, and the
construction, repair, maintenance or improvement, and
jurisdiction over such highway shall be exclusively under the
county in which such highway or road is located.
  (4) The construction, maintenance and repair of state highways
shall be carried on at the sole expense of the state or at the
expense of the state and the county by mutual agreement between
the department and the county in which any particular state
highway is located.
   { +  (5) State highways or portions thereof may be transferred
to cities or counties as provided in sections 1 and 2 of this
2001 Act. + }
  SECTION 4.  { + 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. + }
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