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 3642
 
                         Senate Bill 943
 
Sponsored by Senator VERGER; Senators BURDICK, MORRISETTE,
  PROZANSKI, Representatives BARNHART, CLEM, OLSON, READ (at the
  request of Teddy Keizer)
 
 
                             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.
 
  Increases allocation of State Highway Fund moneys for footpaths
and bicycle trails.
 
                        A BILL FOR AN ACT
Relating to use of State Highway Fund moneys; amending ORS
  366.514.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 366.514 is amended to read:
  366.514. (1) Out of the funds received by the Department of
Transportation or by any county or city from the State Highway
Fund reasonable amounts shall be expended as necessary to provide
footpaths and bicycle trails, including curb cuts or ramps as
part of the project. Footpaths and bicycle trails, including curb
cuts or ramps as part of the project, shall be provided wherever
a highway, road or street is being constructed, reconstructed or
relocated. Funds received from the State Highway Fund may also be
expended to maintain footpaths and trails and to provide
footpaths and trails along other highways, roads and streets.
  (2) Footpaths and trails are not required to be established
under subsection (1) of this section:
  (a) Where the establishment of such paths and trails would be
contrary to public safety;
  (b) If the cost of establishing such paths and trails would be
excessively disproportionate to the need or probable use; or
  (c) Where sparsity of population, other available ways or other
factors indicate an absence of any need for such paths and
trails.
  (3) The amount expended by the department or by a city or
county as required or permitted by this section shall never in
any one fiscal year be less than   { - one - }  { +  three + }
percent of the total amount of the funds received from the
highway fund. However:
  (a) This subsection does not apply to a city in any year in
which the   { - one - }   { + three + } percent equals $250 or
less, or to a county in any year in which the   { - one - }
 { + three + } percent equals $1,500 or less.
  (b) A city or county in lieu of expending the funds each year
may credit the funds to a financial reserve fund in accordance
with ORS 294.525, to be held for not more than 10 years, and to
be expended for the purposes required or permitted by this
section.
  (c) For purposes of computing amounts expended during a fiscal
year under this subsection, the department, a city or county may
record the money as expended:
  (A) On the date actual construction of the facility is
commenced if the facility is constructed by the city, county or
department itself; or
  (B) On the date a contract for the construction of the
facilities is entered with a private contractor or with any other
governmental body.
  (4) For the purposes of this chapter, the establishment of
paths, trails and curb cuts or ramps and the expenditure of funds
as authorized by this section are for highway, road and street
purposes. The department shall, when requested, provide technical
assistance and advice to cities and counties in carrying out the
purpose of this section. The department shall recommend
construction standards for footpaths and bicycle trails. Curb
cuts or ramps shall comply with the requirements of ORS 447.310
and rules adopted under ORS 447.231. The department shall, in the
manner prescribed for marking highways under ORS 810.200, provide
a uniform system of signing footpaths and bicycle trails which
shall apply to paths and trails under the jurisdiction of the
department and cities and counties. The department and cities and
counties may restrict the use of footpaths and bicycle trails
under their respective jurisdictions to pedestrians and
nonmotorized vehicles, except that motorized wheelchairs shall be
allowed to use footpaths and bicycle trails.
  (5) As used in this section, 'bicycle trail' means a publicly
owned and maintained lane or way designated and signed for use as
a bicycle route.
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