75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2672
 
                         Senate Bill 580
 
Sponsored by Senators STARR, METSGER
 
 
                             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.
 
  Directs Department of Transportation to impose and collect toll
on Interstate 5 bridges that cross Columbia River and use moneys
collected to fund Columbia River Crossing Project.
  Creates Columbia River Crossing Project Fund. Continuously
appropriates moneys in fund to Department of Transportation.
 
                        A BILL FOR AN ACT
Relating to the Columbia River Crossing Project; creating new
  provisions; amending ORS 291.055 and 383.035; and appropriating
  money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Notwithstanding ORS 383.004, no later than
January 1, 2011, the Department of Transportation shall impose
and collect a toll on the Interstate 5 bridges that cross the
Columbia River.
  (2) The department shall deposit amounts collected under
subsection (1) of this section into the Columbia River Crossing
Project Fund established under section 2 of this 2009 Act. + }
  SECTION 2.  { + (1) The Columbia River Crossing Project Fund is
established separate and distinct from the General Fund. Interest
earned by the Columbia River Crossing Project Fund shall be
credited to the fund. The fund consists of all moneys that are
collected by the Department of Transportation under section 1 of
this 2009 Act.
  (2) Moneys in the Columbia River Crossing Project Fund are
continuously appropriated to the Department of Transportation for
the purpose of carrying out the Columbia River Crossing
Project. + }
  SECTION 3. ORS 291.055 is amended to read:
  291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
  (a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
  (b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
  (c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
  (d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
  (e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
  (2) This section does not apply to:
  (a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
  (b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
  (c) Fees or payments required for:
  (A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
  (B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
  (C) Copayments and premiums paid to the Oregon medical
assistance program.
  (d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
  (e) State agency charges on employees for benefits and
services.
  (f) Any intergovernmental charges.
  (g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
  (h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
  (i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
  (j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
  (k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
  (L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
  (m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget for the agency.
  (n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
   { +  (o) Tolls imposed and collected by the Department of
Transportation pursuant to section 1 of this 2009 Act. + }
  (3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
  (A) The reason for the fee decrease; and
  (B) The conditions under which the fee will be increased to not
more than its prior level.
  (b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
  SECTION 4. ORS 383.035 is amended to read:
  383.035. (1) A person who fails to pay a toll, established
pursuant to ORS 383.004 { +  or imposed and collected pursuant to
section 1 of this 2009 Act + }, shall pay to the Department of
Transportation the amount of the toll, a civil penalty of not
more than $25 and an administrative fee established by the
tollway operator not to exceed the actual cost of collecting the
unpaid toll.
  (2) In addition to any other penalty, the Department of
Transportation shall refuse to renew the motor vehicle
registration of the motor vehicle owned by a person who has not
paid the toll, the civil penalty and any administrative fee
charged under this section.
  (3) This section does not apply to:
  (a) A person operating a vehicle owned by a unit of government
or the tollway operator;
  (b) A person who is a member of a category of persons exempted
by the Oregon Transportation Commission from paying a toll; or
  (c) A person who is a member of a category of persons made
eligible by the commission for paying a reduced toll, to the
extent of the reduction.
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