72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 761
A-Engrossed
Senate Bill 180
Ordered by the Senate February 11
Including Senate Amendments dated February 11
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Department of 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.
Authorizes Department of Transportation to distribute moneys
from Elderly and Disabled Special Transportation Fund to Indian
tribes. Declares Indian tribes to be public transportation
entities.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
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
(c) Moneys obtained from interest earned on the investment of
{ - such - } moneys { + in the fund + }.
(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;
(c) An individual engaged in providing transportation services
to the elderly or disabled in the district or county;
(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.
(c) Creation of new 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. + }
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