Chapter 1038 Oregon Laws 1999

Session Law

AN ACT

HB 2648

Relating to state agencies; creating new provisions; amending ORS 366.155; repealing sections 3 and 4, chapter 934, Oregon Laws 1999 (Enrolled House Bill 2938); and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 366.155 is amended to read:

366.155. (1) The Department of Transportation shall, among other things:

(a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

(b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

(c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

(d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

(e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

(f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

(g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

(h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts [and standard specifications for road projects] that are provided under this paragraph shall be provided without cost[.] to counties whose federal and state dedicated resources per equivalent road mile, as defined in ORS 366.541, are less than 30 percent of the average for all counties. Standard specifications for road projects shall be provided without cost to all counties. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph in establishing specifications and standards for roads under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

(i) Upon request of the State Parks and Recreation Department, assist the State Parks and Recreation Department in evaluating the potential need for construction, reconstruction, improvement, maintenance or operation of highways, roads and streets that would result if the State Parks and Recreation Commission acquired and developed a new historic site, park or recreation area under the criteria established pursuant to section 4 of this 1999 Act or any other criteria for acquisition established by the State Parks and Recreation Commission.

(2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

(3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155.

SECTION 2. If House Bill 2938 becomes law, sections 3 (amending ORS 366.155) and 4 (amending ORS 368.016), chapter 934, Oregon Laws 1999 (Enrolled House Bill 2938), are repealed.

SECTION 3. Sections 4 and 5 of this 1999 Act are added to and made a part of ORS chapter 390.

SECTION 4. The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to:

(1) Criteria to address opportunities that may be lost to the department if acquisition is delayed, such as Whelan Island in Tillamook County and Cape Sebastian in Curry County;

(2) Criteria to protect significant cultural and historic properties, such as Thompson's Mills in Linn County, Fort Rock Cave in Lake County, Fort Yamhill in Polk County and Keil House in Marion County; and

(3) Criteria to satisfy the need for overnight and large group use facilities on the perimeter of urban population centers, such as Columbia and Washington Counties.

SECTION 5. In establishing its priorities for acquisition, the State Parks and Recreation Commission shall:

(1) Consider the criteria and specific examples set forth in section 4 of this 1999 Act; and

(2) Encourage public nominations of significant resources that meet the criteria established pursuant to section 4 of this 1999 Act and other criteria pertaining to the acquisition of historic sites, parks and recreation areas.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor September 1, 1999

Filed in the office of Secretary of State September 1, 1999

Effective date September 1, 1999

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