74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 699
Sponsored by COMMITTEE ON LEGISLATIVE OPERATIONS AND REFORM
CHAPTER ................
AN ACT
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 Oregon:
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;
Enrolled Senate Bill 699 (SB 699-INTRO) Page 1
(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 Salem, shall
be used. Such grounds and structures include those located
either adjacent, 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 or facilities
defined in ORS 276.004 and those grounds owned by the state by
and through its Oregon Department of Administrative Services
adjacent to the installations and facilities located in the area
described in ORS 276.028 except the State Capitol. However, the
department shall not exercise such authority over grounds or
facilities that are owned, directly leased, or being acquired
through lease purchase or installment purchase by another state
agency which are outside of the capitol area in the City of
Salem. - }
{ + (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
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{ - 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
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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. + }
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Passed by Senate April 16, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 14, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 699 (SB 699-INTRO) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 699 (SB 699-INTRO) Page 5