72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2035
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Transportation for Lincoln County)
CHAPTER ................
AN ACT
Relating to mass transit assessments for transportation
districts; creating new provisions; amending ORS 291.405; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 291.405 is amended to read:
291.405. (1) This section and ORS 291.407 allow the Oregon
Department of Administrative Services to assess state agencies
and to provide moneys from the assessments to mass transit
districts, established under ORS 267.010 to 267.390,
{ - and - } transportation districts, established under ORS
267.510 to 267.650, { + and service districts, established under
ORS 451.410 to 451.610 to provide public transportation
services, + } as reimbursement for the benefit that state
government receives from the districts.
(2) State agencies subject to assessment under this section
include every state officer, board, commission, department,
institution, branch or agency of the state whose costs are paid
wholly or in part from funds held in the State Treasury, and
include the Legislative Assembly, the state courts and their
officers and committees.
(3) If the Oregon Department of Administrative Services elects
to pay moneys to districts under this section and ORS 291.407,
the department shall do the following:
(a) Determine what services performed for subject state
agencies will be subject to assessment under this section;
(b) Determine which subject agencies have employees within each
district who are performing the subject services;
(c) Determine the amount of wages paid to the agency employees
for performing the subject services within each district; and
(d) Establish a rate of assessment of not more than six-tenths
of one percent of the total amount of the wages determined under
this subsection.
(4) When determining under subsection (3)(c) of this section
the total amount of wages paid to agency employees for performing
subject services within each district, the Oregon Department of
Administrative Services shall include wages that are paid from
federal funds only to the extent the assessment on those wages is
authorized to be paid under federal regulations.
(5) Notwithstanding any other provision of this section, the
Oregon Department of Administrative Services shall not establish
Enrolled House Bill 2035 (HB 2035-A) Page 1
rates or impose assessments under this section that exceed the
following:
(a) The Oregon Department of Administrative Services shall not
assess more from an agency than the Legislative Assembly provides
the agency for purposes of this section, either directly or
indirectly through its approval of budgets or through the
Emergency Board, if the agency budget is approved by the
Legislative Assembly from General Fund moneys.
(b) If an agency is an agency other than one described in
paragraph (a) of this subsection, the Oregon Department of
Administrative Services shall not assess moneys from the agency
at a greater rate than the rate applicable to an agency described
in paragraph (a) of this subsection.
(6) At any time it determines appropriate, the Oregon
Department of Administrative Services may:
(a) Redetermine any factors necessary to perform its duties
under this section; or
(b) Vary the rate under this section within the limits
established under this section.
(7) After making determinations and establishing a rate under
this section, the Oregon Department of Administrative Services
may direct the assessment against the payrolls of subject
agencies at the rate established by the department. All moneys
assessed under this section shall be promptly forwarded to the
Oregon Department of Administrative Services. Assessments under
this section are administrative expenses of an agency, as defined
in ORS 291.305.
(8) The Oregon Department of Administrative Services shall pay
any moneys it receives under this section to the State Treasurer
for deposit in the account established under ORS 291.407 for use
as provided in that section.
SECTION 2. { + The amendments to ORS 291.405 by section 1 of
this 2003 Act apply to distributions of moneys to districts from
the assessment of state agencies for mass transit on or after
January 1, 1996. + }
SECTION 3. { + 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 on its
passage. + }
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Passed by House February 4, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 18, 2003
...........................................................
President of Senate
Enrolled House Bill 2035 (HB 2035-A) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2035 (HB 2035-A) Page 3