Chapter 175
AN ACT
SB 699
Relating to parking facilities at the State
Capitol; amending ORS 276.002, 276.594 and 810.425; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 276.002 is amended to read:
276.002. (1) The
Legislative Assembly, through the Legislative Administration Committee, shall
exercise control over the use of the State Capitol.
(2) The committee has
exclusive power to assign and reassign quarters in the State Capitol for such
periods and under such terms, including rental rates, as the committee
considers appropriate.
(3) All rentals for
quarters and for parking shall be credited to the State Capitol Operating
Account.
(4) The committee has
exclusive power to assign and reassign parking spaces in the garage of the
State Capitol, [and in the area
immediately in front of the State Capitol and for enforcing parking regulations
in the garage and areas described in this subsection. However,] in the
area immediately north of the State Capitol but south of and separated from
Court Street by a traffic island, painted markings or other traffic control
devices and in the area immediately south of the State Capitol but north of and
separated from State Street by a traffic island, painted markings or other
traffic control devices. The committee has exclusive power to prescribe parking
regulations in the garage and the other areas described in this subsection and
may prescribe fines or other penalties for violating those regulations. The
committee shall give notice of any parking prohibitions or restrictions by
posting appropriate signs in plain view. The Department of State Police shall
enforce the regulations described in this subsection. All citations issued for
violating the parking regulations described in this subsection shall conform to
the requirements of ORS 810.425. Notwithstanding other provisions of this
subsection, the Oregon Department of Administrative Services [shall be] is responsible for
collecting parking fees under ORS 292.065.
(5) The committee may
enter into contracts or agreements the committee considers necessary to:
(a) Renovate and repair
the State Capitol;
(b) Renovate, repair or
replace State Capitol fixtures and facilities;
(c) Make artistic or
aesthetic improvements to the State Capitol and adjacent areas;
(d) Conduct or sponsor
special events; and
(e) Conduct or sponsor
projects intended to preserve or promote the historical integrity of the State
Capitol and adjacent areas.
SECTION 2. ORS 276.594 is amended to read:
276.594. [(1) Except for parking facilities located in
the garage of the State Capitol and in the area immediately in front of the
State Capitol, but south of Court Street, the Oregon Department of
Administrative Services shall also manage and determine under what conditions
the grounds and parking structures owned, leased, or being acquired through
lease purchase or installment purchase agreement by any state agency, which are
located in the capitol area in the City of
(1) The Oregon Department
of Administrative Services shall:
(a) Manage those grounds
and parking structures or facilities located in the capitol area of the City of
Salem that the state owns or that any state agency leases or is acquiring
through lease purchase or installment purchase agreement; and
(b) Determine the
conditions under which such grounds and parking structures or facilities may be
used.
(2) The grounds and
parking structures or facilities described in subsection (1) of this section
include those located either adjacent to, on or in close proximity to, though
not necessarily contiguous to, leased office quarters defined in ORS 276.420,
the Supreme Court Building, the buildings, properties or parking structures
described in ORS 276.004 and those grounds the state owns by and through the
department that are adjacent to the installations and facilities located in the
area described in ORS 276.028.
(3) This section does
not apply to the State Capitol, to the parking facilities located in the garage
of the State Capitol, to the area immediately north of the State Capitol but
south of and separated from Court Street by a traffic island, painted markings
or other traffic control devices or to the area immediately south of the State
Capitol but north of and separated from State Street by a traffic island,
painted markings or other traffic control devices.
(4) The department may
not exercise the authority described in this section over grounds and parking
structures or facilities located outside the capitol area in the City of Salem
that the state owns or that another state agency leases or is acquiring through
lease purchase or installment purchase.
[(2)] (5) Based upon its findings, the department shall adopt
rules for parking [of] motor vehicles
or for other transportation uses of [such]
the grounds and parking structures or facilities [for which it is responsible under]
described in subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the parking structures
or facilities. In adopting the rules, the department shall consider the
state policy stated in ORS 276.591.
[(3)] (6) The department may lease portions of the grounds
and parking structures or facilities [and
grounds] described in subsection (1) of this section for [the] parking [of] motor vehicles and for other transportation uses as it
determines are appropriate. However, in such leasing, priority shall first be
given to the needs of state officers and employees.
[(4)] (7) The department shall furnish a space without charge
to each statewide elective officer, except those with offices in the State
Capitol, and shall designate certain spaces, either free or metered, for use by
persons transacting business in state offices. The department may also provide
free parking for disabled employees who have been issued a disabled person
parking permit by the Department of Transportation and who require the use of
their vehicle in traveling to and from work. Any spaces not required for
leasing to state officers and employees, or for other authorized purposes, may
be leased to other persons.
[(5)] (8) The department shall retain receipts obtained under
this section [shall be retained by the
Oregon Department of Administrative Services], except that the
department may return to the appropriate agency any net receipts obtained
from any parking structures or facilities [which] that are located in the capitol area in the City of
Salem and [which are owned, directly
leased, or being acquired through lease purchase or installment purchase
agreement by any agency other than the Oregon Department of Administrative
Services may be returned to the agency by the department.] that the
state owns or that any agency other than the department leases or is acquiring
through lease purchase or installment purchase agreement.
(9) As used in this
section, “capitol area” has the meaning given that term in ORS 276.010.
SECTION 3. ORS 810.425 is amended to read:
810.425. (1) In all
prosecutions of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of
any parking regulations prescribed under ORS 276.002 or of an
applicable ordinance, it shall be sufficient for a police officer to charge the
defendant by an unsworn written notice if the notice clearly states:
(a) The date, place and
nature of the charge.
(b) The time and place
for defendant’s appearance in court.
(c) The name of the
issuing officer.
(d) The license number
of the vehicle.
(2) The notice provided
for in subsection (1) of this section shall either be delivered to the
defendant or placed in a conspicuous place upon the vehicle involved in the
violation. A duplicate original of the notice shall serve as the complaint in
the case when it is filed with the court. In all other respects the procedure
otherwise provided by law in such cases shall be followed. Notwithstanding ORS
153.042, the issuing officer need not have observed the act of parking, but
need only have observed that the vehicle appeared to be parked in violation of
ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of
any parking regulations prescribed under ORS 276.002 or of an
applicable ordinance.
(3) A circuit court and
a justice court have concurrent jurisdiction over parking offenses committed
within the county.
(4) This section does
not apply to prosecutions under city ordinances but ORS 221.333 shall apply to
such prosecutions.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date May 25, 2007
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