Chapter 613 Oregon Laws 2003

AN ACT

HB 3522

Relating to special transportation services; amending ORS 391.810 and 391.830.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 391.810 is amended to read:

391.810. (1) The Department of Transportation shall distribute three-quarters of the moneys in the Elderly and Disabled Special Transportation Fund, including the interest attributable thereto, to mass transit districts organized under ORS 267.010 to 267.390, transportation districts organized under ORS 267.510 to 267.650 and to those counties in which no part of a mass transit district or transportation district is located as follows:

(a) Each such district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORS 190.510 to 190.610 last preceding such apportionment, bears to the total population of the state. However, if two or more districts are situated in a single county, distribution of moneys under this subsection shall be determined as though only the mass transit district is located in that county or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county.

(b) Each county in which no part of a mass transit district or transportation district is located shall receive that share of the moneys as its population, determined under ORS 190.510 to 190.610 last preceding such apportionment, bears to the total population of the state.

(2) After the requirements of subsection (1)(a) and (b) of this section have been met, the remainder of the moneys in the Elderly and Disabled Special Transportation Fund shall be distributed to the districts and counties described in subsection (1) of this section by the Department of Transportation as follows:

(a) Each such district or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive an amount, which shall be fixed by the Oregon Transportation Commission by rule, but not in excess of $2,000 annually, to be used to defray the administrative expenses of the district or county in carrying out its functions under ORS 391.800 to 391.830.

(b) Each such district or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive for each fiscal year a minimum amount, to be determined by the Oregon Transportation Commission by rule, which minimum amount shall be distributed to providers of transportation for use as specified under ORS 391.830 (4).

(c) Each such district or county shall receive any money distributed to it from the discretionary grant account established under ORS 391.815.

(d) After the requirements of paragraphs (a) to (c) of this subsection have been met, if any moneys remain in the Elderly and Disabled Special Transportation Fund they shall be set aside and transferred to a discretionary grant account established under ORS 391.815.

(3) The Department of Transportation shall not distribute moneys to a mass transit district, transportation district or county under this section unless the district or county has appointed an advisory committee under ORS 391.820.

(4) The Department of Transportation shall adopt rules necessary for the administration and implementation of ORS 391.800 to 391.830. The rules may include but are not limited to:

(a) Restrictions and requirements on the distribution and use of moneys received under this section;

(b) Development of a form contract for use by districts and counties when distributing moneys received under this section; and

(c) Restrictions and requirements on a district or county for failure to comply with the provisions of this section or ORS 391.815 or 391.830.

(5) Each district or county described in subsection (1) of this section is specifically authorized to enter into an agreement with another or other such districts or counties under ORS 190.003 to 190.130 in order to facilitate the performance of the functions authorized under ORS 391.830.

SECTION 1a. If Senate Bill 180 becomes law, section 1 of this 2003 Act (amending ORS 391.810) is repealed and ORS 391.810, as amended by section 4, chapter 751, Oregon Laws 2003 (Enrolled Senate Bill 180), is amended to read:

391.810. (1) The Department of Transportation shall distribute three-quarters of the moneys in the Elderly and Disabled Special Transportation Fund, including the interest attributable thereto, to mass transit districts organized under ORS 267.010 to 267.390, transportation districts organized under ORS 267.510 to 267.650, Indian tribes and to those counties in which no part of a mass transit district or transportation district is located as follows:

(a) Each district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of the state. However, if two or more districts are situated in a single county, distribution of moneys under this subsection shall be determined as though only the mass transit district is located in that county or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county.

(b) Each county in which no part of a mass transit district or transportation district is located shall receive that share of the moneys as its population, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of the state.

(c) Each Indian tribe shall receive that share of the moneys as the population of the tribe residing in Oregon, determined by the Oregon Transportation Commission pursuant to rules adopted under subsection (4) of this section, bears to the total population of the state.

(2) After the requirements of subsection (1) of this section have been met, the department shall distribute the remainder of the moneys in the Elderly and Disabled Special Transportation Fund to the districts, Indian tribes and counties described in subsection (1) of this section as follows:

(a) Each district, Indian tribe or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive an amount, determined by the commission by rule and not to exceed $2,000 annually, to be used to defray the administrative expenses of the district, Indian tribe or county in carrying out its functions under ORS 391.800 to 391.830.

(b) Each district, Indian tribe or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive for each fiscal year a minimum amount, determined by the commission by rule, to be distributed to providers of transportation for use as specified under ORS 391.830 (4).

(c) Each district, Indian tribe or county shall receive any money distributed to it from the discretionary grant account established under ORS 391.815.

(d) After the requirements of paragraphs (a) to (c) of this subsection have been satisfied, the department shall set aside and transfer the remainder of the moneys in the Elderly and Disabled Special Transportation Fund to a discretionary grant account established under ORS 391.815.

(3) The department may not distribute moneys to a mass transit district, transportation district, Indian tribe or county under this section unless the district, Indian tribe or county has appointed an advisory committee under ORS 391.820.

(4) The department shall adopt rules necessary for the administration and implementation of ORS 391.800 to 391.830. The rules may include but are not limited to:

(a) Restrictions and requirements on the distribution and use of moneys received under this section;

(b) Development of a form contract for use by districts, Indian tribes and counties when distributing moneys received under this section; and

(c) Restrictions and requirements on a district, Indian tribe or county for failure to comply with the provisions of this section or ORS 391.815 or 391.830.

(5) Each district, Indian tribe or county described in subsection (1) of this section is specifically authorized to enter into an agreement with another district, Indian tribe or county under ORS 190.003 to 190.130 to facilitate the performance of the functions authorized under ORS 391.830.

SECTION 2. ORS 391.830 is amended to read:

391.830. (1)(a) Each mass transit district and transportation district that receives moneys from the Department of Transportation under ORS 391.810 (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (2)(a), shall distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the district and the county in which all or a portion of the district is located. The moneys received under ORS 391.810 (1) and (2)(b) and distributed to providers of transportation in areas within the counties in which the district is located but outside the boundaries of the district shall be that share of all moneys received by the district as the population of those counties residing outside the district, as determined by the last federal decennial census, bears to the total population of the counties.

(b) Each county that receives moneys from the Department of Transportation under ORS 391.810 (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (2)(a) shall distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the county.

(2) The governing body of a district or county, after consultation with the advisory committee it appointed under ORS 391.820, shall determine the amount of money to be distributed to a provider of transportation and the purposes for which the money must be used. Moneys received under ORS 391.810 (2)(c) shall be used for the purposes for which received as indicated in the directive from the Oregon Transportation Commission as described under ORS 391.815. All moneys received under ORS 391.810 shall be distributed and used consistent with rules adopted by the Department of Transportation under ORS 391.810 (4).

(3) Any provider of transportation receiving funds prior to January 1, 1986, from any governmental unit or agency for purposes related to the transportation needs of the elderly or disabled is eligible to receive moneys from a district or county under this section.

(4) Moneys distributed to providers of transportation under this section may be used for the following purposes:

(a) Maintenance of existing transportation programs and services for the elderly or disabled.

(b) Expansion of such programs and services.

(d) Planning for, and development of, access to transportation for elderly and disabled individuals who are not currently served by transportation programs and services.

(5) Except in the case of a uniform budget reduction or upon order or other authorization of the Department of Transportation, the increase in moneys received under ORS 391.810 under this section and ORS 323.030, 323.086 to 323.091, 323.455, 391.810 and 391.815 shall not be used to supplant moneys currently appropriated by counties or districts for elderly and disabled transportation projects.

(6) As used in this section, “provider of transportation” includes a city, county, district or any other person or agency, whether public or private, that maintains, operates or sponsors vehicles and facilities for the transportation of passengers for profit or on a nonprofit or voluntary basis.

Approved by the Governor July 25, 2003

Filed in the office of Secretary of State July 25, 2003

Effective date January 1, 2004

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