73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1408
 
                         Senate Bill 566
 
Sponsored by Senator MORRISETTE
 
 
                             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.
 
  Prohibits Oregon Transportation Commission and Department of
Transportation from designating highway or portion of highway as
freight route if also designated as historic and scenic highway.
 
                        A BILL FOR AN ACT
Relating to highway designations; creating new provisions; and
  amending ORS 377.105.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 377.105 is amended to read:
  377.105. When a highway, portion of a highway or highway
related structure is designated as an historic and scenic highway
under ORS 377.100, the Oregon Transportation Commission and the
Department of Transportation:
  (1) Shall provide for the rehabilitation, restoration,
maintenance and preservation of those features of the highway or
structure that have historical, engineering, recreational, scenic
or tourist related significance, whenever prudent and feasible.
  (2) May consult with the State Historic Preservation Officer,
state historic organizations and other appropriate groups or
organizations to determine how to best rehabilitate, restore,
maintain and preserve the significant features of the highway or
structure.
  (3) In all highway planning and funding considerations, shall
provide for the continuance of the significant features of the
highway or structure, whenever prudent and feasible.
  (4) As the commission determines appropriate, may arrange for
and provide for posting of signs, consistent with ORS 377.700 to
377.840, 810.200 and 810.210, to inform the traveling public of
the location and significant features of the highway or
structure.
  (5)   { - Shall - }  { +  May + } not dismantle, destroy,
abandon, significantly transform or sell the highway or structure
or any portion thereof or take any other action that will
adversely affect the preservation of the highway or structure as
an historic and scenic highway when it is prudent or feasible not
to take such action.
  (6) May provide for bypass highways to divert damaging traffic
from use of the highway or structure or provide other means of
limiting or diverting use of the highway or structure by damaging
traffic.
 
  (7)   { - Are directed to - }  { +  Shall + } seek and may
accept and use for the purposes of this section and ORS 377.100
contributions, gifts, grants and moneys from any source, public
or private.
  (8) May hold hearings   { - that have been given - }  { +
after + } appropriate public   { - notification - }  { +
notice + } before any significant action is taken relating to a
highway, portion of a highway or highway related structure that
is so designated.
  (9) Shall consider aesthetics and environmental effects when
the only alternative to rehabilitation or restoration is to
replace a portion of a highway or highway related structure so
designated.
   { +  (10) May not also designate the highway or portion of
highway as a freight route. As used in this subsection, 'freight
route ' has the meaning given that term in the version of the
Department of Transportation's Oregon Highway Plan of 1999 that
is in effect on January 1, 2005. + }
  SECTION 2.  { + If a highway or portion of highway has been
designated as an historic and scenic highway under ORS 377.100
prior to the effective date of this 2005 Act and the same highway
or portion of highway has been designated as a freight route
pursuant to the version of the Department of Transportation's
Oregon Highway Plan of 1999 that is in effect on January 1, 2005,
prior to the effective date of this 2005 Act, the Department of
Transportation shall remove the freight route designation. + }
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