Chapter 751 Oregon Laws 2003

AN ACT

SB 180

Relating to transportation funding for Indian tribes; creating new provisions; amending ORS 184.675, 391.800, 391.810, 391.815, 391.820 and 391.830; and declaring an emergency.

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

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 391.800 to 391.830.

SECTION 2. As used in ORS 391.800 to 391.830, “Indian tribe” means a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon.

SECTION 3. ORS 391.800 is amended to read:

391.800. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Elderly and Disabled Special Transportation Fund. All moneys in the Elderly and Disabled Special Transportation Fund are appropriated continuously to the Department of Transportation for payment of the department’s administrative costs of the program and payment to mass transit districts, transportation districts, Indian tribes and counties as provided in ORS 391.810.

(2) The Elderly and Disabled Special Transportation Fund shall consist of:

(a) Moneys transferred to the fund under ORS 323.455 (3);

(b) Other moneys appropriated to the fund by the Legislative Assembly; and

(3) Moneys in the Elderly and Disabled Special Transportation Fund, with the approval of the State Treasurer, may be invested as provided by ORS 293.701 to 293.820, and the earnings from [such] the investments shall be credited to the Elderly and Disabled Special Transportation Fund.

SECTION 4. 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, Indian tribes 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 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 [such] 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)[(a) and (b)] of this section have been met, the department shall distribute the remainder of the moneys in the Elderly and Disabled Special Transportation Fund [shall be distributed] to the districts, Indian tribes and counties described in subsection (1) of this section [by the Department of Transportation] as follows:

(a) Each [such] 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, [which shall be fixed] determined by the [Oregon Transportation] commission by rule[, but not in excess of] 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 [such] 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, [to be] determined by the [Oregon Transportation] commission by rule, [which minimum amount shall] to be distributed to providers of transportation for use as specified under ORS 391.830 (4).

(c) Each [such] 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 [met, if any moneys remain in the Elderly and Disabled Special Transportation Fund they shall be set aside and transferred] 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 [of Transportation shall] 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 [of Transportation] shall adopt rules necessary for the administration of ORS 391.800 to 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 [or other such districts or counties] district, Indian tribe or county under ORS 190.003 to 190.130 [in order] to facilitate the performance of the functions authorized under ORS 391.830.

SECTION 5. ORS 391.815 is amended to read:

391.815. (1) After the requirements of ORS 391.810 have been satisfied, the Department of Transportation shall set aside and transfer the remainder of the moneys in the Elderly and Disabled Special Transportation Fund [shall be set aside and transferred] to a discretionary grant account[, which account is] established as an account in the Elderly and Disabled Special Transportation Fund.

(2) The moneys in the discretionary grant account established under [subsection (1) of] this section are continuously appropriated to the department [of Transportation] for the purpose of distribution for ultimate use for transportation and services to the elderly and disabled as described under ORS 391.830 (4). [However, only such of the moneys that are specifically directed by the Oregon Transportation Commission under subsection (4) of this section, to be distributed to a district or county as described in ORS 391.810 (1), shall be distributed to that district or county.] The department may distribute moneys from the discretionary grant account only as directed by the Oregon Transportation Commission under this section.

(3)(a) [Any] A district, Indian tribe or county described in ORS 391.810 (1) may make application to the department [of Transportation] for a distribution from the discretionary grant account established under [subsection (1) of] this section. The application shall describe the purposes for which the grant is to be used and the monetary amount that is required to carry out those purposes.

(b) Upon receipt of an application, the department [of Transportation] shall cause the application to come to the attention of the [Oregon Transportation] commission, which shall, after consideration, approve or deny the application, in whole or in part.

(c) The [Oregon Transportation] commission shall approve only those grants applied for under paragraph (a) of this subsection that are for use for the purposes set forth in ORS 391.830 (4).

(4) Upon approval of an application, in whole or in part, the [Oregon Transportation] commission shall direct the department [of Transportation] to distribute the dollar amount approved to the applying district, Indian tribe or county.

SECTION 6. ORS 391.820 is amended to read:

391.820. (1) The governing body of each mass transit district, transportation district, Indian tribe [and county that is eligible to receive] or county that receives moneys from the Elderly and Disabled Special Transportation Fund under ORS 391.810 shall appoint an advisory committee to advise and assist the governing body in carrying out the purposes of ORS 391.800 to 391.830. The number and terms of the members of an advisory committee appointed under this section shall be determined by the appointing governing body.

(2) To be qualified to serve on an advisory committee of a district or county, an individual must reside within the boundaries of the district, the county within which a district or part thereof is located or the county in which no part of a district is located and must be:

(a) A person who is an elderly or disabled individual and uses transportation services in the district or county;

(b) A person who is an elderly or disabled individual and lives in an area of the district or county where there are no public transportation services;

(d) A representative of elderly individuals; or

(e) A representative of disabled individuals.

(3) To be qualified to serve on an advisory committee of an Indian tribe, an individual must be able to represent the transportation needs of elderly and disabled persons served by the Indian tribe as determined by the governing body of the Indian tribe.

[(3)] (4) An advisory committee appointed under this section shall review the distribution of moneys by the governing body of a district, Indian tribe or county under ORS 391.830. The advisory committee may propose any changes to the policies or practices of the governing body relating to the distribution that the advisory committee considers necessary or desirable.

SECTION 7. 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] the 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] the 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.

(c) Each Indian tribe that receives moneys from the department 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 use the moneys for the purpose of financing and improving transportation programs and services for elderly and disabled individuals served by the Indian tribe.

(2) The governing body of a district, Indian tribe 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.

(3) [Any] A provider of transportation receiving funds prior to January 1, 1986, from [any] a governmental unit or agency for purposes related to the transportation needs of the elderly or disabled is eligible to receive moneys from a district, Indian tribe 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] may not be used to supplant moneys currently appropriated by counties, Indian tribes or districts for elderly and disabled transportation projects.

(6) As used in this section, “provider of transportation” includes a city, county, district, Indian tribe 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.

SECTION 8. ORS 184.675 is amended to read:

184.675. As used in ORS 184.670 to 184.733, unless the context requires otherwise:

(1) “Director” means Director of Transportation.

(2) “Department” means the Department of Transportation.

(3) “Operating agreement” means an agreement for the operation or maintenance on behalf of the Department of Transportation of all or part of a public transportation system, but does not include agreements by which the department provides only financial or technical assistance or transportation facilities or equipment and which do not control routes, rates or levels of service, or agreements under which such control is exercised by the federal government through the department.

(4) “Public transportation system” means any form of passenger transportation system, whether or not for hire, including but not limited to air, rail, other fixed guideway, bus, jitney, taxi and dial-a-ride passenger transportation systems within, between and outside of urban and urbanized areas, and including related passenger terminal facilities and motor vehicle parking facilities.

(5) “Person” means the United States or any state or any department or agency of any of the above, or any nonprofit corporation or entity or any other individual, corporation or entity, either public or private.

(6) “Bus” means a motor vehicle designed for carrying 15 or more passengers, exclusive of the driver, and used for the transportation of persons.

(7) “Public transportation entity” includes a city, county, transportation district, mass transit district, metropolitan service district, Indian tribe as defined in section 2 of this 2003 Act or private nonprofit corporation operating a public transportation system.

SECTION 9. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date September 17, 2003

__________