70th OREGON LEGISLATIVE ASSEMBLY--1999 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 2863
Senate Bill 1121
Sponsored by Senator SHANNON; Senators QUTUB, STARR,
Representatives GIANELLA, STARR
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.
Abolishes Department of Transportation and Oregon
Transportation Commission. Creates Highway Department, Highway
Commission, Oregon Department of Aviation and State Aviation
Board. Transfers driver and motor vehicle services and
transportation safety functions to Department of Revenue.
Transfers motor carrier and public transit functions to
Department of Consumer and Business Services. Transfers railroad
functions to Public Utility Commission.
A BILL FOR AN ACT
Relating to administration of transportation laws; creating new
provisions; amending ORS 25.750, 25.756, 25.780, 30.330,
54.060, 86.470, 97.930, 97.952, 98.640, 98.642, 98.644,
105.755, 105.760, 114.545, 133.475, 146.035, 153.625, 153.820,
164.805, 165.805, 166.291, 181.040, 181.715, 181.725, 184.632,
184.689, 184.705, 184.730, 184.733, 196.635, 196.825, 197.183,
200.025, 200.055, 200.160, 200.170, 200.190, 209.300, 215.213,
215.223, 215.283, 215.416, 221.275, 221.785, 227.175, 244.050,
247.012, 247.014, 247.017, 247.171, 247.178, 261.305, 267.210,
267.230, 267.575, 270.005, 270.015, 270.100, 270.110, 270.120,
270.155, 273.571, 273.586, 274.755, 276.385, 276.594, 276.595,
279.047, 279.712, 285A.600, 285B.410, 285B.419, 285B.530,
291.224, 291.407, 292.039, 293.212, 307.110, 308.865, 308.866,
308.880, 311.512, 311.683, 319.330, 319.410, 319.415, 319.417,
323.455, 327.700, 332.427, 332.445, 336.805, 336.810, 339.254,
339.660, 339.665, 341.300, 352.360, 358.770, 358.880, 358.885,
358.900, 366.005, 366.155, 366.317, 366.512, 366.815, 366.820,
368.016, 368.036, 371.475, 372.140, 372.150, 376.315, 376.320,
376.330, 376.350, 376.355, 376.380, 376.540, 376.605, 377.712,
377.758, 390.060, 390.134, 391.100, 391.120, 391.130, 391.140,
391.150, 391.520, 391.605, 391.800, 391.810, 391.815, 391.830,
401.025, 401.337, 401.347, 418.688, 419A.260, 419B.558,
430.257, 431.270, 445.030, 447.233, 447.310, 453.342, 453.635,
453.825, 453.835, 453.864, 459A.615, 466.080, 466.915,
468A.360, 468A.375, 468A.390, 468A.400, 468A.410, 469.605,
469.606, 469.607, 471.430, 471.547, 471.666, 476.990, 498.126,
498.155, 527.755, 552.438, 585.050, 607.505, 607.527, 608.310,
634.660, 670.304, 682.109, 726.010, 737.346, 742.490, 742.494,
742.504, 742.508, 742.580, 757.547, 758.010, 758.020, 772.025,
776.105, 777.277, 802.100, 802.110, 802.155, 802.300, 802.310,
803.600, 811.606, 815.045, 822.080, 822.110, 822.135, 823.007,
823.009, 823.011, 823.013, 823.015, 823.021, 823.023, 823.025,
823.027, 823.029, 823.031, 823.033, 823.035, 823.037, 823.051,
823.061, 823.063, 823.071, 823.073, 823.075, 823.081, 823.083,
823.085, 823.087, 823.101, 823.103, 823.991, 824.018, 825.017,
825.206, 826.031, 830.790, 830.810, 835.005, 835.030, 835.045,
835.060, 836.005, 836.530 and 837.035 and sections 14, 15 and
20, chapter 746, Oregon Laws 1997, and ORCP 7D, 68A and 69A;
and repealing ORS 184.610, 184.612, 184.613, 184.615, 184.616,
184.617, 184.618, 184.619, 184.620, 184.625, 184.628, 184.630,
184.633, 184.634, 184.635, 184.636, 184.637, 184.638, 184.639,
184.640, 184.645, 184.647, 184.648 and 835.055.
Be It Enacted by the People of the State of Oregon:
{ +
HIGHWAY DEPARTMENT + }
SECTION 1. { + Sections 2 to 6 of this 1999 Act are added to
and made a part of ORS chapter 366. + }
SECTION 2. { + (1) There is established the Highway Commission
consisting of five members appointed by the Governor, subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565. The Governor shall appoint members of the
commission in compliance with all of the following:
(a) Members shall be appointed with consideration of the
different geographic regions of the state with one member being a
resident of the area east of the Cascade Range.
(b) Not more than three members shall belong to one political
party. Party affiliation shall be determined by the appropriate
entry on official election registration cards.
(2) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. In case of a vacancy for any cause,
the Governor shall appoint a person to fill the office for the
unexpired term.
(3) A member of the commission is entitled to compensation and
expenses as provided by ORS 292.495. + }
SECTION 3. { + Notwithstanding section 2 of this 1999 Act, of
the members first appointed to the Highway Commission, one shall
be appointed for a term ending on July 1, 2001, two shall be
appointed for terms ending on July 1, 2002, and two shall be
appointed for terms ending on July 1, 2003. + }
SECTION 4. { + (1) The Governor shall appoint one member of
the Highway Commission as chairperson and another member as vice
chairperson. The chairperson and vice chairperson shall have such
terms, duties and powers as the Highway Commission determines are
necessary for the performance of such offices.
(2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(3) The commission shall meet at least once a month, at a time
and place determined by the commission. The commission shall also
meet at such other times and places as are specified by the call
of the chairperson or of a majority of the commission.
(4) No vacancy shall impair the right of the remaining
commissioners to exercise all the powers of the commission,
except that three members of the commission must agree in the
selection, vacation or abandonment of state highways, and in case
the commissioners are unable to agree the Governor shall have the
right to vote as a member of the commission.
(5) The commission may provide an official seal. + }
SECTION 5. { + (1) It is the function of the Highway
Commission to establish the policies for the operation of the
Highway Department. In addition, the commission shall perform any
other duty vested in it by law.
(2) The commission shall keep complete and accurate records of
all the meetings, transactions and business of the commission at
the office of the department.
(3) The commission shall have general power to coordinate and
administer programs relating to highways.
(4) The department shall be the recipient of all federal funds
paid to or to be paid to the state to enable the state to provide
the programs and services assigned to the department. + }
SECTION 6. { + (1) The Highway Department is established.
(2) The Governor shall appoint the Director of the Highway
Department, subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565. The term of office of the
director is four years, but the director may be removed at any
time during the term at the pleasure of the Governor.
(3) The director is responsible for the performance of the
duties, functions and powers of the department. For purposes of
administration, subject to the approval of the Governor, the
director may organize and reorganize the department as the
director considers necessary to conduct properly the work of the
department.
(4) The director may divide the functions of the department
into administrative divisions. Each division shall be under the
supervision of an individual appointed by the director, subject
to the approval of the Governor, to serve at the pleasure of the
director and not to be subject to the State Personnel Relations
Law. Each individual must be well qualified by technical training
and experience in the functions to be performed by the
individual.
(5) The director shall receive a salary as provided by law or,
if not so provided, as prescribed by the Governor. In addition to
salary, but subject to any applicable law regulating travel and
other expenses of state officers, the director shall be
reimbursed for actual and necessary travel and other expenses
incurred by the director in the performance of official duties.
(6) In accordance with the applicable provisions of ORS 183.310
to 183.550, the director may adopt rules necessary for the
administration of the laws that the department is charged with
administering.
(7) The department shall be the recipient of all federal funds
paid to or to be paid to the state to enable the state to provide
the programs and services assigned to the department. + }
SECTION 7. { + (1) The duties, functions and powers of the
Department of Transportation regarding highways and the
administration and collection of fuel taxes on fuels used to
propel motor vehicles are transferred to and vested in the
Highway Department.
(2) The Director of Transportation shall deliver to the
Director of the Highway Department all records and property
within the jurisdiction of the Director of Transportation that
relate to the duties, functions and powers transferred by this
section, and shall transfer those employees engaged primarily in
the exercise of the duties, functions and powers so transferred.
The Director of the Highway Department shall take possession of
such property, and shall take charge of such employees and employ
them in the exercise of their duties, functions and powers
transferred by this section, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law. Any dispute as to transfers of
property and employees under this section shall be resolved by
the Governor, and the Governor's decision is final. + }
SECTION 8. { + Except as otherwise provided in section 13 of
this 1999 Act, all unexpended moneys appropriated or otherwise
available to the Department of Transportation for the purposes of
any of its duties, functions or powers transferred by section 7
of this 1999 Act are appropriated and transferred to the Highway
Department. + }
SECTION 9. { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the operative
date of section 7 of this 1999 Act by the Department of
Transportation with respect to the duties, functions or powers
transferred to the Highway Department by section 7 of this 1999
Act, and still pending on the operative date of section 7 of this
1999 Act, may be conducted and completed by the Highway
Department in the same manner, under the same terms and
conditions and with the same effect as though undertaken,
conducted or completed by the Department of Transportation before
the transfer. + }
SECTION 10. { + The transfer of duties, functions and powers
by section 7 of this 1999 Act does not relieve any person of any
obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
SECTION 11. { + The Highway Department is considered to be a
continuation of the Department of Transportation with respect to
the duties, functions and powers transferred by section 7 of this
1999 Act, and not a new authority, for the purpose of succession
to all rights and obligations of the Department of Transportation
as constituted on the operative date of section 7 of this 1999
Act, with the same force and effect as if such duties, functions
and powers had not been transferred. + }
SECTION 12. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby regarding the duties, functions or
powers transferred by section 7 of this 1999 Act, reference is
made to the Department of Transportation or to an employee of the
Department of Transportation, such reference is considered to be
a reference to the Highway Department or an employee of the
Highway Department.
(2) The lawful rules of the Department of Transportation with
respect to duties, functions or powers transferred by section 7
of this 1999 Act continue in effect until superseded or rescinded
by rules lawfully adopted by the Highway Department. + }
SECTION 13. { + The transfer of duties, functions, powers,
rights, records, property, employees or moneys by sections 7 and
8 of this 1999 Act does not become operative until the Director
of the Highway Department has been appointed and has qualified.
Until then the Department of Transportation shall continue to
exercise and perform such duties, functions, powers and rights,
and to have charge of such records, property, employees and
moneys. + }
SECTION 14. { + In any statute or law compiled in ORS chapters
319, 366, 367, 373, 374, 377, 381, 382, 383 and 384 and in ORS
810.010 to 810.260 and in any law enacted by the Seventieth
Legislative Assembly that affects the duties, functions or powers
transferred by section 7 of this 1999 Act, for the purposes of
harmonizing and clarifying statute sections published in Oregon
Revised Statutes, the Legislative Counsel may substitute for
words designating the Oregon Transportation Commission, the
Department of Transportation and the Director of Transportation,
other words designating the Highway Commission, the Highway
Department and the Director of the Highway Department as follows:
(1) The words 'Highway Commission' may be substituted for the
words 'Oregon Transportation Commission. '
(2) The words 'Highway Department' may be substituted for the
words 'Department of Transportation. '
(3) The words 'Director of the Highway Department' may be
substituted for the words 'Director of Transportation.' + }
SECTION 15. ORS 30.330 is amended to read:
30.330. The provisions of ORS 30.310 and 30.320 shall not apply
to contracts made by the { + Highway + }Department { - of
Transportation - } that provide for arbitration under the
provisions of ORS 36.300 to 36.365.
SECTION 16. ORS 98.640 is amended to read:
98.640. (1) No person shall place or deposit any trees, timber,
logs, poles or piling upon the right of way of any state highway
or upon any real property adjacent thereto which is owned by the
state, by and through its { + Highway + } Department { - of
Transportation - } , except with permission of any duly
authorized weighmaster, motor carrier enforcement officer or
peace officer given in connection with the removal of portions of
loads, which removal is pursuant to ORS 810.490.
(2) Any trees, timber, logs, poles or piling so placed or
deposited whether pursuant to said permission of a weighmaster,
motor carrier enforcement officer or peace officer or
accidentally or in violation of this section, or which have
fallen, dropped or been blown upon said right of way or said
adjacent property, shall be removed by the owner thereof within a
period of not more than 30 days.
SECTION 17. ORS 98.642 is amended to read:
98.642. Any trees, timber, logs, poles or piling which remain
for a period of more than 30 days upon the right of way of any
state highway or upon real property adjacent thereto which is
owned by the state, by and through its { + Highway + }
Department { - of Transportation - } , shall be conclusively
presumed abandoned, and title thereto shall vest in the state, by
and through its { + Highway + } Department { - of
Transportation - } , and the department is hereby authorized to
remove, destroy, sell or otherwise dispose of the same.
SECTION 18. ORS 98.644 is amended to read:
98.644. The provisions of ORS 98.640 and 98.642 shall not apply
to trees, timber, logs, poles or piling which have been placed or
deposited or allowed to remain upon the right of way of a state
highway or real property adjacent thereto under the provisions of
a permit granted by the { + Highway + } Department { - of
Transportation - } , nor to poles erected upon the right of way
of a state highway for the purpose of carrying telegraph,
telephone or electric lines or wires.
SECTION 19. ORS 105.755 is amended to read:
105.755. (1) As used in this section, 'public road' means a
road used by the general public, whether designated as a state
highway, county or district road or otherwise, but does not
include city streets under ORS 105.760.
(2) Whenever the { + Highway + } Department { - of
Transportation - } changes the grade of any public road from a
previously established or maintained grade, the state shall be
liable for and shall pay just and reasonable compensation for any
legal damage or injury to real property abutting upon the public
road affected by the grade change; except that the state shall
not be liable for any damage or injury for any such change
whenever the county has requested the { + Highway + } Department
{ - of Transportation - } to make such change.
(3) Any person having any right, title or interest in any such
real property has a cause of action against the state to enforce
payment of the compensation. Any such action may be commenced and
maintained in the circuit court for the county in which the real
property is situated. Any party to any such action has the right
to appeal as in other civil actions from the final judgment of
any circuit court. Any person having or claiming any right, title
or interest in such real property may join as party plaintiff or
may intervene in any action involving the real property in which
the interest is claimed.
(4) The trial circuit court shall, in its final judgment,
apportion such just compensation as it may award among the
various persons found by it to own or have some right, title or
interest in such real property. The awarded compensation shall be
apportioned according to the rules of law governing the
distribution of awards made when real property is taken under the
power of eminent domain.
(5) The liability of the state terminates wholly when it pays
into court the sums determined by the circuit court to be just
compensation. Any cause of action granted by this section is
barred unless such action is commenced within six months after
the change of grade is physically completed and accepted by the
{ + Highway + } Department { - of Transportation - } .
SECTION 20. ORS 105.760 is amended to read:
105.760. (1) If consent is given by the governing body of any
city to change any grade of any street as such grade has been
established or maintained by the consenting city and pursuant
thereto the { + Highway + } Department { - of
Transportation - } or a county changes the grade, the state or
the county, whichever makes such change of grade, shall be liable
for and shall pay just and reasonable compensation for any damage
or injury to any real property abutting upon the road or street
affected by the grade change.
(2) Any person having any right, title or interest in any such
real property has a cause of action against the state or against
the county to enforce payment of the compensation. Any such
action may be commenced and maintained in the circuit court for
the county in which the real property is situated. Any party to
any such action has the right to appeal as in any other civil
action from the final judgment of any circuit court. Any person
having or claiming any right, title or interest in such real
property may join as party plaintiff or may intervene in any
action involving the real property in which the interest is
claimed.
(3) The trial circuit court shall, in its final judgment,
apportion such just compensation as it may award among the
various persons found by it to own or have some right, title or
interest in such real property. The awarded compensation shall be
apportioned according to the rules of law governing the
distribution of awards made when real property is taken under the
power of eminent domain.
(4) The liability of the state or the liability of the county,
as the case may be, terminates wholly when it pays into court the
sums determined by the circuit court to be just compensation. Any
cause of action granted by this section is barred unless such
action is commenced within six months after the change of grade
is physically completed and accepted by the { + Highway + }
Department { - of Transportation - } or the county.
SECTION 21. ORS 184.632 is amended to read:
184.632. (1) The Legislative Assembly finds that:
(a) The ports in Oregon provide effective local assistance to
state transportation development efforts.
(b) The ports in this state develop and market facilities and
services to support important existing industries in this state,
such as aviation, maritime commerce, international trade,
tourism, recreation and transportation.
(c) Port facilities, including roads, railroads, airports,
harbors and navigation channels, are an integral element of the
transportation infrastructure of this state.
(2) Therefore, the Legislative Assembly declares that it is the
policy of this state to include Oregon's ports in planning and
implementing transportation programs. To that end, the
{ + Highway + } Department { - of Transportation - } may work
to:
(a) Coordinate with the Economic Development Department and the
Ports Division to facilitate port planning and development;
(b) Promote local cooperation in statewide planning and
development of the ports;
(c) Promote long-term economic self-sufficiency of the ports;
(d) Encourage cost-effective investments with prudent financial
consideration of port development projects; and
(e) Facilitate the efforts of the ports to expand and respond
to greater domestic and international market opportunities.
SECTION 22. ORS 196.635 is amended to read:
196.635. (1) The provisions of ORS 196.600 to 196.655 shall be
carried out by the Director of the Division of State Lands in
consultation with the State Department of Fish and Wildlife,
{ + Highway + } Department { - of Transportation - } ,
Department of Land Conservation and Development, Department of
Environmental Quality, Economic Development Department, federal
natural resources and regulatory agencies, affected local
governments and special districts, conservation organizations and
other interested parties.
(2) In cooperation with the parties in subsection (1) of this
section, the director, in consultation with the State Land Board,
shall:
(a) Review opportunities for inclusion of appropriate wetlands
in the Statewide Comprehensive Outdoor Recreation Plan.
(b) Develop and recommend a wetlands priority plan for
inclusion in the Statewide Comprehensive Outdoor Recreation Plan.
The wetlands priority plan shall be complementary to the purposes
and programs under ORS 196.600 to 196.655.
(3) The director shall confer with the Governor's Watershed
Enhancement Board to develop criteria to certify watershed
enhancement projects as mitigation banks.
SECTION 23. ORS 196.825 is amended to read:
196.825. (1) The Director of the Division of State Lands shall
issue a permit to remove material from the beds or banks of any
waters of this state applied for under ORS 196.815 if the
director determines that the removal described in the application
will not be inconsistent with the protection, conservation and
best use of the water resources of this state as specified in ORS
196.805.
(2) The director shall issue a permit applied for under ORS
196.815 for filling waters of this state if the director
determines that the proposed fill would not unreasonably
interfere with the paramount policy of this state to preserve the
use of its waters for navigation, fishing and public recreation.
(3) In determining whether or not a permit shall be issued, the
director shall consider all of the following:
(a) The public need for the proposed fill and the social,
economic or other public benefits likely to result from the
proposed fill. When the applicant for a fill permit is a public
body, the director may accept and rely upon the public body's
findings as to local public need and local public benefit.
(b) The economic cost to the public if the proposed fill is not
accomplished.
(c) The availability of alternatives to the project for which
the fill is proposed.
(d) The availability of alternative sites for the proposed
fill.
(e) Whether the proposed fill conforms to sound policies of
conservation and would not interfere with public health and
safety.
(f) Whether the proposed fill is in conformance with existing
public uses of the waters and with uses designated for adjacent
land in an acknowledged comprehensive plan and zoning ordinances.
(g) Whether the proposed fill is compatible with the
acknowledged comprehensive plan and land use regulations for the
area where the proposed fill is to take place.
(h) Whether the proposed fill is for streambank protection.
(4) The director may issue a permit for a substantial fill in
an estuary for a nonwater dependent use only if the fill is for a
public use and would satisfy a public need that outweighs harm to
navigation, fishery and recreation and if the proposed fill meets
all other criteria contained in ORS 196.600 to 196.905.
(5) If the director issues a permit, the director may impose
such conditions as the director considers necessary to carry out
the purposes of ORS 196.805, 196.830 and subsections (1) and (2)
of this section. In formulating such conditions the director may
consult with the State Geologist, the State Fish and Wildlife
Director, the State Forester, the Director of the Department of
Environmental Quality, the administrative officer of the State
Soil and Water Conservation Commission, the Director of
Agriculture, the State Parks and Recreation Director, the State
Marine Director, the Director of { - Transportation - } { +
the Highway Department + }, the Director of the Economic
Development Department, the Water Resources Director and affected
local governmental units. Each permit is valid only for the time
specified therein. Obtaining a lease from the Division of State
Lands shall not be one of the conditions to be considered in
granting a permit under ORS 196.815. The director shall impose,
as conditions to any permit, general authorization or wetland
conservation plan, measures to provide mitigation for the
reasonably expected adverse impacts from project development.
Compensatory wetland mitigation shall be limited to replacement
of the functional attributes of the lost wetland.
(6) Any applicant whose application for a permit has been
denied, or who objects to any of the conditions imposed under
subsections (1), (2) and (5) of this section by the director,
may, within 10 days of the denial of the permit or the imposition
of any condition, request a hearing from the director. Thereupon
the director shall set the matter down for hearing, which shall
be conducted as a contested case in accordance with ORS 183.415
to 183.430, 183.440 to 183.460 and 183.470. After such hearing,
the director shall enter an order containing findings of fact and
conclusions of law. The order shall rescind, affirm or modify the
director's initial order. Appeals from the director's final order
may be taken to the Court of Appeals in the manner provided by
ORS 183.482.
(7) Except for a permit issued under the process set forth in
ORS 517.952 to 517.989, if a decision on issuance of a permit by
the director is delayed for a period exceeding 90 days from the
date of application, a temporary permit shall be issued pending
such final decision.
(8) Permits issued under this section shall be in lieu of any
permit that might be required for the same operation under ORS
164.775, 164.785, 468.010, 468.030 to 468.045, 468.055, 468.060,
468.075, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to
468B.085, so long as:
(a) The operation is that for which the permit is issued; and
(b) The standards for granting such permits are substantially
the same as those established pursuant to ORS 164.775, 164.785,
468.010, 468.035, 468.040, 468.055, 468.110, 468.120, 468B.005 to
468B.030 and 468B.048 to 468B.085 to the extent they affect water
quality.
(9)(a) Any agency or other unit of government requested by the
director to comment on an application for a permit under this
section must submit its comments to the director within 45 days
after receiving the request for comment. If an agency or other
unit of government fails to comment on the application within 45
days, the director shall assume the agency or other unit of
government has no objection and shall approve or deny the
application.
(b) Notwithstanding paragraph (a) of this subsection, the
Department of Environmental Quality shall comment to the director
within 75 days after receiving notice required under subsection
(5) of this section unless the director has granted an extension
of time. In no case shall the director grant an extension of time
in excess of one year.
(c) The Department of Environmental Quality shall not
subsequently make comments under the Federal Water Pollution
Control Act that differ from those comments made under paragraph
(b) of this subsection without good cause and without providing
the director of the division with notice before providing those
comments.
SECTION 24. ORS 200.025 is amended to read:
200.025. (1) There is created in the Office of the Governor,
the Advocate for Minority, Women and Emerging Small Business who
shall be appointed by the Governor.
(2) There is created in the Department of Consumer and Business
Services the Office for Minority, Women and Emerging Small
Business, the employees of which shall be appointed by the
Director of the Department of Consumer and Business Services.
(3) The Advocate for Minority, Women and Emerging Small
Business shall:
(a) Advise the Governor and the director on activities and
initiatives that may promote the economic integration of
minorities, women and emerging small businesses into the business
sector;
(b) Prepare an annual report to the Governor, director and
Legislative Assembly on the status of minorities and women in the
marketplace, accomplishments and resolutions of issues of concern
to minority and women's enterprises and recommendations for
executive and legislative actions; and
(c) Carry out other duties that may be assigned by the
Governor.
(4) The Office for Minority, Women and Emerging Small Business
shall:
(a) Provide assistance and information to minority, women and
emerging small businesses;
(b) Assist in the development and implementation of an
aggressive strategy for this state, based on research and
monitoring, that encourages participation of minorities, women
and emerging small businesses in the state's economy;
(c) Make recommendations to the director on the research,
development and implementation of the plan for the involvement of
disadvantaged and minority groups and emerging small businesses
in all state programs;
(d) Maintain an Oregon Opportunity Register and Clearinghouse
for information on public agency and other contract solicitations
for professional services, supplies and services and other bid
opportunities, in consultation with the State Board of Higher
Education, the { + Highway + } Department { - of
Transportation - } and other entities;
(e) Monitor the certification and compliance program for
disadvantaged, minority, women and emerging small businesses
under ORS 279.059;
(f) Investigate complaints and possible abuses of the
certification program; and
(g) Assist in the promotion and coordination of plans, programs
and operations of state government that strengthen minority and
women participation in the economic life of this state.
SECTION 25. ORS 200.055 is amended to read:
200.055. (1) Any disadvantaged, minority, women or emerging
small business enterprise is entitled to be certified as such
upon application to the Department of Consumer and Business
Services. If the application is approved by the department, the
department shall certify the applicant as a disadvantaged,
minority, women or emerging small business enterprise. The
enterprise shall be considered so certified by any public
contracting agency.
(2) In consultation with the State Board of Higher Education
and the { + Highway + } Department { - of Transportation - } ,
and with the approval of the Advocate for Minority, Women and
Emerging Small Business, the Department of Consumer and Business
Services by rule shall adopt a uniform standard form and
procedure designed to provide complete documentation that a
business enterprise is certified as a disadvantaged, minority,
women or emerging small business enterprise. The Department of
Consumer and Business Services shall compile and make available
upon request a list of certified disadvantaged, minority, women
or emerging small business enterprises.
(3) Any business enterprise that is refused certification as a
disadvantaged business enterprise or denied recertification as
such or whose certification is revoked may appeal directly to the
United States Department of Transportation.
(4) Any business enterprise that is refused certification as a
minority, women or emerging small business enterprise or has its
certification revoked may request a contested case hearing as
provided in ORS 183.310 to 183.550.
(5) The Department of Consumer and Business Services shall be
the sole agency authorized to certify enterprises as
disadvantaged, minority, women or emerging small business
enterprises eligible to perform on public contracts in this
state.
(6) The Department of Consumer and Business Services by rule
may establish a fee not to exceed $100 for a copy of the list of
certified disadvantaged, minority, women and emerging small
business enterprises and may assess state agencies for services
under ORS 200.005 to 200.075 and 279.059.
(7) The { + Highway + } Department { - of Transportation - }
may collect a fee, not to exceed $200, from a bidder upon bidder
prequalifications to cover the costs of the Department of
Consumer and Business Services in administering ORS 200.005 to
200.075 and 279.059. The { + Highway + } Department { - of
Transportation - } shall transfer such fees to the credit of the
account established under subsection (8) of this section.
(8) The Department of Consumer and Business Services shall
establish a special account in which to deposit fees and
assessments. The special account is continuously appropriated to
the Department of Consumer and Business Services to meet its
expenses in administering ORS 200.005 to 200.075 and 279.059.
SECTION 26. ORS 200.160 is amended to read:
200.160. The { - Oregon Transportation - } { + Highway + }
Commission shall appoint a committee to recommend plans whereby
the { + Highway + } Department { - of Transportation - } may
assist emerging small businesses in overcoming barriers to
participation in state public improvement and maintenance
projects and shall report its recommendation to the commission
and the Legislative Committee on Trade and Economic Development.
SECTION 27. ORS 200.170 is amended to read:
200.170. (1) Subject to subsection (2) of this section, in
order to be eligible for assistance under ORS 200.005 and 200.150
to 200.200, the applicant must:
(a) Be determined to be an emerging small business pursuant to
ORS 200.150;
(b) Have not been found to be eligible for such assistance in
more than seven calendar years;
(c) Show that the applicant's place of business and the work in
which the applicant seeks to participate are located in this
state; and
(d) Show that the applicant is in compliance with applicable
licensing and registration requirements.
(2) The { + Highway + } Department { - of Transportation - }
may limit eligibility for assistance on a specific project or
contract to emerging small businesses that are located in or draw
a part of their workforce from economically depressed areas in
this state, as designated by the Economic Development Department
in consultation with the Employment Department.
(3) The applicant for assistance under ORS 200.005 and 200.150
to 200.200 must perform at least 51 percent of the labor on any
public improvement or maintenance project for which assistance is
received using the applicant's own workforce.
SECTION 28. ORS 200.190 is amended to read:
200.190. The { + Highway + } Department { - of
Transportation - } , when undertaking a public improvement
highway construction contract, shall deposit with the State
Treasurer an amount equal to not more than one percent of the
contract award amount. The State Treasurer shall credit the
amount reserved to the Emerging Small Business Account within the
Consumer and Business Services Fund. The deposit shall be made
within 30 days of the date on which the contract award is made.
SECTION 29. ORS 221.785 is amended to read:
221.785. (1) Notwithstanding ORS 221.770, 323.455, 366.785 to
366.820 and 471.810, when a proceeding challenging the validity
of the incorporation of a city is commenced before a court or
administrative agency of this state within two years after the
incorporation, if the court or agency determines that the
incorporation is invalid, moneys otherwise payable to the city
under ORS 221.770, 323.455, 366.785 to 366.820 and 471.810 shall
not be distributed to the city, but shall be deposited with the
State Treasurer as provided in subsection (3) of this section.
(2) Not later than 30 days after the issuance of an order or
judgment declaring the incorporation of a city invalid, the party
challenging the incorporation shall send a certified copy of the
order or judgment to the State Treasurer, { + the Highway + }
Department
{ - of Transportation - } , { + the + } Department of Revenue
and the Oregon Liquor Control Commission.
(3) Upon receiving a certified copy of the order or judgment
under subsection (2) of this section, the state officer or
department having responsibility for the distribution of moneys
under ORS 221.770, 323.455, 366.785 to 366.820 and 471.810 shall
deposit those moneys in an escrow account administered by the
State Treasurer.
(4) Upon final determination of the validity of an
incorporation by judgment or decree rendered by the highest court
in which a decision could be had, the moneys in the escrow
account established under subsection (3) of this section shall be
distributed as follows:
(a) If the incorporation is determined to be valid, to the
city.
(b) If the incorporation is determined to be invalid, each city
in this state shall receive such share of the moneys as its
population bears to the total population of the cities of the
state.
(5) The State Treasurer, upon receiving a certified copy of the
judgment or decree of the court which constitutes the final
determination of the validity of the challenged incorporation
shall distribute moneys in the escrow account as provided in
subsection (4) of this section.
(6) The State Treasurer shall retain interest earned on moneys
deposited in the escrow account and shall distribute the interest
in the same manner as other moneys in the account are
distributed.
SECTION 30. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist. { +
(K) Director of the Highway Department. + }
{ - (K) - } { + (L) + } Director of Department of Human
Resources.
{ - (L) - } { + (M) + } Director of the Department of
Consumer and Business Services.
{ - (M) - } { + (N) + } Director of Division of State
Lands.
{ - (N) - } { + (O) + } State Librarian.
{ - (O) - } { + (P) + } Administrator of Oregon Liquor
Control Commission.
{ - (P) - } { + (Q) + } Superintendent of State Police.
{ - (Q) - } { + (R) + } Director of Public Employees
Retirement Board.
{ - (R) - } { + (S) + } Director of Department of Revenue.
{ - (S) Director of Transportation. - }
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) { - Oregon Transportation - } { + Highway + }
Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the biennial
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding biennial primary election shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 31. ORS 261.305 is amended to read:
261.305. People's utility districts shall have power:
(1) To have perpetual succession.
(2) To adopt a seal and alter it at pleasure.
(3) To sue and be sued, to plead and be impleaded.
(4) To acquire and hold, including by lease-purchase agreement,
real and other property necessary or incident to the business of
the districts, within or without, or partly within or partly
without, the district, and to sell or dispose of that property;
to acquire, develop and otherwise provide for a supply of water
for domestic and municipal purposes, waterpower and electric
energy, or electric energy generated from any utility, and to
distribute, sell and otherwise dispose of water, waterpower and
electric energy, within or without the territory of such
districts.
(5) To exercise the power of eminent domain for the purpose of
acquiring any property, within or without the district, necessary
for the carrying out of the provisions of this chapter.
(6) To borrow money and incur indebtedness; to issue, sell and
assume evidences of indebtedness; to refund and retire any
indebtedness that may exist against or be assumed by the district
or that may exist against the revenues of the district and to
pledge any part of its revenues. Except as provided in ORS
261.355 and 261.380, no revenue or general obligation bonds shall
be issued or sold without the approval of the electors. The board
of directors may borrow from banks or other financial
institutions, on notes payable within 12 months, such sums as the
board of directors deems necessary or advisable; however, the
amounts so borrowed, together with the principal amounts of other
like borrowings then outstanding and unpaid, shall not exceed the
amount which the board of directors estimates as the district's
net income (determined in accordance with the system of accounts
maintained by the board pursuant to ORS 261.470) for the 12 full
calendar months following the date of the proposed borrowing,
adjusted by adding to the net income an amount equal to the
estimated charges to depreciation for the 12-month period. No
indebtedness shall be incurred or assumed except on account of
the development, purchase and operation of a utility.
(7) To enter into rental or lease-purchase agreements to rent,
lease or acquire real or personal property, or both, required for
district purposes. Except when approved by a majority of the
electors of the district voting on the question, a people's
utility district shall not enter into rental or leasing
agreements when the annual aggregate amount of payment for any
and all property directly related to a single transaction exceeds
10 percent of the revenues of the district in the preceding
fiscal year.
(8) To levy and collect, or cause to be levied and collected,
subject to constitutional limitations, taxes for the purpose of
carrying on the operations and paying the obligations of the
district as provided in this chapter.
(9) To make contracts, to employ labor and professional staff,
to set wages in conformance with ORS 261.345, to set salaries and
provide compensation for services rendered by employees and by
directors, to provide for life insurance, hospitalization,
disability, health and welfare and retirement plans for
employees, and to do all things necessary and convenient for full
exercise of the powers herein granted. The provision for life
insurance, hospitalization, disability, health and welfare and
retirement plans for employees shall be in addition to any other
authority of people's utility districts to participate in those
plans and shall not repeal or modify any statutes except those
that may be in conflict with the provision for life insurance,
hospitalization, disability, health and welfare and retirement
plans.
(10) To enter into contracts with the United States Government,
with the State of Oregon, or with any other state, municipality
or utility district, and with any department of any of these, for
carrying out any provisions of this chapter.
(11) To enter into agreements with the State of Oregon or with
any local governmental unit, utility, special district or private
or public corporation for the purpose of promoting economic
growth and the expansion or addition of business and industry
within the territory of the people's utility district. Before
spending district funds under such an agreement, the board of
directors shall enter on the written records of the district a
brief statement that clearly indicates the purpose and amount of
any proposed expenditure under the agreement.
(12) To fix, maintain and collect rates and charges for any
water, waterpower, electric energy or other commodity or service
furnished, developed or sold by the district.
(13) To construct works across or along any street or public
highway, or over any lands which are property of this state, or
any subdivision thereof, and to have the same rights and
privileges appertaining thereto as have been or may be granted to
municipalities within the state, and to construct its works
across and along any stream of water or watercourse. Any works
across or along any state highway shall be constructed only with
the permission of the { + Highway + } Department { - of
Transportation - } . Any works across or along any county highway
shall be constructed only with the permission of the appropriate
county court. Any works across or along any city street shall be
constructed only with the permission of the city governing body
and upon compliance with applicable city regulations and payment
of any fees called for under applicable franchise agreements,
intergovernmental agreements under ORS chapter 190 or contracts
providing for payment of such fees. The district shall restore
any such street or highway to its former state as near as may be,
and shall not use the same in a manner unnecessarily to impair
its usefulness.
(14) To elect a board of five directors to manage its affairs.
(15) To enter into franchise agreements with cities and pay
fees under negotiated franchise agreements, intergovernmental
agreements under ORS chapter 190 and contracts providing for the
payment of such fees.
(16) To take any other actions necessary or convenient for the
proper exercise of the powers granted to a district by this
chapter and by section 12, Article XI, of the Oregon
Constitution.
SECTION 32. ORS 267.210 is amended to read:
267.210. (1) A district shall, within a reasonable time after
formation, prepare a broad, general plan for a mass transit
system for the district. The plan shall be prepared in
cooperation with the { + Highway + } Department { - of
Transportation - } and cities and counties located within and
adjacent to the district.
(2) The plan shall show existing and proposed transit systems
of the district and of other public and private agencies relating
to mass transit. It shall demonstrate a basis for the
coordination and planning of future construction, improvement and
equipment acquisition of the district, governmental agencies and
private interests to assure maximum efficiency and use of mass
transit in the district. The plans shall be based on the needs of
the district and take into consideration the plans and programs,
if any, developed by the { + Highway + } Department { - of
Transportation - } and cities and counties located within the
district. The district may have access to all information,
statistics, plans and data in the possession of or available to
any state agency or public corporation which is pertinent to the
preparation of the plan and may reimburse the agency or
corporation for any expense incurred in cooperating with the
board.
(3) The district board shall revise the plan as necessary for
the proper control, utilization, development and improvement of
the district transit system.
SECTION 33. ORS 270.100 is amended to read:
270.100. (1)(a) Before offering for sale any real property or
equitable interest therein owned by the state, the state agency
acting for the state in such transaction shall report its intent
of sale or transfer to the Oregon Department of Administrative
Services. The department, or the agency specifically designated
by the department, shall notify other state agencies authorized
to own real property of the intended sale or transfer to
determine whether acquisition of the real property or interest
therein would be advantageous to another state agency.
(b) The department shall give political subdivisions, as
defined in ORS 271.005, the first opportunity after other state
agencies to acquire, purchase, exchange or lease real property to
be sold or disposed of by the State of Oregon. The state agency
responsible for selling or transferring the property may require
at the time of the sale or transfer that any state real property
sold or transferred to a political subdivision, as defined in ORS
271.005, shall be for use for a public purpose or benefit, and
not be for resale to a private purchaser.
(c) If property is not disposed of under paragraph (a) or (b)
of this subsection, in accordance with rules adopted by the
department, the state agency desiring to sell or transfer the
property shall cause it to be appraised by one or more competent
and experienced appraisers. Except as provided in ORS 273.825, if
such property has an appraised value exceeding $5,000 it shall
not be sold to any private person except after notice calling for
such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules to carry out the
provisions of this section.
(2) Before acquisition of any real property or interest therein
by any state agency, except for highway right of way acquired by
the { + Highway + } Department { - of Transportation - } and
park properties acquired by the State Parks and Recreation
Department and property within the approved projected campus
boundaries for institutions of the Department of Higher
Education, the state agency shall report its intent of
acquisition to the Oregon Department of Administrative Services.
The department shall notify other state agencies owning land of
the intended acquisition to determine whether another state
agency desires to sell or transfer property which would meet the
needs of the purchasing agency. In accordance with rules adopted
by the Oregon Department of Administrative Services, if no other
state agency desires to sell or transfer property which would
meet the needs of the agency, the agency may acquire the real
property or interest therein, consistent with applicable
provisions of law.
(3) Before any terminal disposition of real property or an
interest in real property, the state agency acting for the state
in the transaction must secure approval of the transaction from
the Oregon Department of Administrative Services.
(4) Subsection (3) of this section does not apply to terminal
disposition of the following real property:
(a) Property controlled by the State Department of Fish and
Wildlife;
(b) State forestlands controlled by the State Forestry
Department;
(c) Property controlled by the { + Highway + } Department
{ - of Transportation - } ;
(d) Property controlled by the Division of State Lands;
(e) Property controlled by the Department of Higher Education;
(f) Property controlled by the legislative or judicial branches
of state government; and
(g) Property controlled by the State Parks and Recreation
Department.
(5) Notwithstanding the provisions of subsection (4) of this
section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition
of public land for less than the fair market value of that land.
(6) The provisions of ORS { - 184.634, - } 270.005 to
270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436, 273.551
and 308.396 do not apply to a home or farm acquired, sold, or
both, by the Director of Veterans' Affairs under ORS 88.720,
273.388, 406.050, 407.135, 407.145, 407.375 and 407.377.
SECTION 34. ORS 273.571 is amended to read:
273.571. (1) The Natural Heritage Advisory Council is hereby
established. The council shall consist of 16 members, nine of
whom shall be chosen as follows and who shall elect from its
membership a chairperson:
(a) Four individuals, appointed by the Governor, shall be
recognized experts in the ecology of natural areas. Desirable
fields of expertise are botany, zoology, terrestrial ecology,
aquatic biology and geology; and
(b) Five citizens, appointed by the Governor, shall be selected
from the various regions of the state. These members shall have
interest in natural resource conservation, management or the
commodity use of natural resources.
(2) Appointed members shall serve for four-year terms.
(3) In addition to the nine members appointed by the Governor,
the State Fish and Wildlife Director, the State Forester, the
Director of { - Transportation - } { + the Highway
Department + }, the Chancellor of the State Board of Higher
Education, Director of Agriculture, State Parks and Recreation
Director and the Director of the Division of State Lands or an
authorized representative of each such officer, shall serve as ex
officio, nonvoting members of the council.
(4) Any vacancy on the council shall be filled by appointment
of the Governor.
(5) Members of the council shall serve without compensation,
but the State Land Board may pay the expenses reasonably incurred
by the council in the performance of its functions upon
presentation of vouchers signed by the chairperson of the council
pursuant to ORS 292.495.
(6) The council shall:
(a) Meet at least quarterly;
(b) Develop policy for the Natural Heritage Program through the
review and approval of the Oregon Natural Heritage Plan;
(c) Review nominations for registration and the voluntary
dedication of natural heritage conservation areas, and approve
instruments of dedication for such areas;
(d) Advise the State Land Board, State Board of Forestry, State
Fish and Wildlife Commission, State Parks and Recreation
Commission, State Board of Higher Education and { - Oregon
Transportation - } { + Highway + } Commission regarding areas
under their respective jurisdictions which are appropriate for
dedication; and
(e) Advise the board in the adoption of rules that it considers
necessary in carrying out ORS 273.563 to 273.591.
(7) The board shall adopt any rules pursuant to ORS 183.310 to
183.550 that it considers necessary to carry out ORS 273.563 to
273.591.
(8) Acting through the Division of State Lands, the council may
accept gifts or donations of real property. Such real property
shall be held in the name of the State of Oregon by the State
Land Board and shall be used for the purpose of carrying out the
provisions of ORS 273.563 to 273.591.
SECTION 35. ORS 273.586 is amended to read:
273.586. (1) A private individual or organization which is the
owner of any registered natural area may voluntarily agree to
dedicate that area as a natural heritage conservation area by
executing with the State Land Board an instrument of dedication.
The instrument of dedication shall be effective upon its
recording in the real property records of the office of the clerk
of the county in which any or all of the natural heritage
conservation area is located.
(2) Any public agency may dedicate lands under the provisions
of ORS 273.563 to 273.591 following the providing of opportunity
for adequate public notice and hearing by the agency. The
{ - Oregon Transportation - } { + Highway + } Commission, the
State Fish and Wildlife Commission, the State Board of Forestry,
the State Board of Higher Education, the State Parks and
Recreation Commission and the State Land Board shall, with the
advice and assistance of the Natural Heritage Advisory Council,
establish procedures for the dedication of natural heritage
conservation areas on land, the title of which is held by the
State of Oregon, and which is under that agency's management and
control.
(3) The instrument of dedication shall contain any information
or provisions as the private owner, organization or agency and
council consider necessary to complete the dedication.
(4) Dedication of a natural heritage conservation area may be
terminated as follows:
(a) The dedication of a natural heritage conservation area by a
public agency may be terminated following the providing of
opportunity for adequate public notice and hearing and a finding
by that agency of an imperative and unavoidable necessity, or a
finding by that agency, with the approval of the council, that
the natural heritage conservation area is no longer needed
according to the guidelines of the Oregon Natural Heritage Plan.
(b) The dedication of a natural heritage conservation area by a
private individual or organization may be terminated by the
private individual or organization after the council is assured
that there has been compliance with the procedures required by
the terms of the dedication instrument.
(c) The dedication of a natural heritage conservation area may
be terminated by the board upon the advice of the council if the
area is no longer needed according to the guidelines of the plan,
or has permanently lost its natural character.
SECTION 36. ORS 274.755 is amended to read:
274.755. (1) Before granting any easement under ORS 274.705 to
274.860, and before offering lands for leasing under ORS 274.705
to 274.860, or whenever any person files a written application
with the Division of State Lands requesting that an easement be
granted for such lands or that such lands be offered for leasing
under ORS 274.705 to 274.860, accompanying the same with the
required fee, the division shall hold a public hearing as
provided in this section.
(2) Before granting an easement or inviting bids on any lands
subject to ORS 274.705 to 274.860, the division shall cause
written notice describing the area under consideration and other
pertinent information to be transmitted to:
(a) State Geologist;
(b) Director of { - Transportation - } { + the Highway
Department + };
(c) Director { - , - } { + of the + } Department of
Environmental Quality;
(d) { - Director, - } State Fish and Wildlife
{ - Commission - } { + Director + };
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof
in two or more publications of general circulation in the oil and
gas industry; and
(g) The public, by publication thereof once each week for not
less than four weeks in a newspaper of general circulation
throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the
county or counties contiguous to the area under consideration for
bidding.
(3) The notice shall set forth the place of hearing and shall
set its time at not earlier than the 20th day after date of the
last newspaper publication.
(4) The division may appoint one of its officers or employees
or, by mutual agreement with another state agency, board or
commission, one of its employees to conduct hearings authorized
under this section. An officer or employee of each interested
state agency, board or commission named in subsection (2) of this
section may question any witnesses appearing before the division
or its representative, and any interested person may offer
evidence and otherwise be heard.
SECTION 37. ORS 276.385 is amended to read:
276.385. (1) Notwithstanding any other provision of law, the
Oregon Department of Administrative Services shall fix rentals
for space in buildings specified in ORS 276.004, and rentals or
other charges for parking facilities. The rentals shall be fixed
on a basis as nearly uniform as practicable to provide amounts:
(a) To pay the expenses of operating, maintaining and insuring
and paying depreciation on the buildings controlled and managed
by the department;
(b) To construct, improve, repair, equip and furnish additional
buildings, structures and other projects for state government,
and to purchase or improve sites therefor; and
(c) To provide amounts necessary to repay indebtedness, and the
interest thereon, incurred to construct, improve, repair, equip
and furnish buildings, structures and other projects for state
government.
(2) The Oregon Department of Administrative Services shall
negotiate with { - the Department of Transportation and
other - } state agencies { - who - } { + that + } own,
operate or control state buildings to determine a fair rental
rate when such facilities are to be used by other than the owning
agency.
(3) Except in the case of the State Transportation Building and
such other buildings owned or controlled by other state agencies,
all rentals under this section shall be credited to the Oregon
Department of Administrative Services Operating Fund and are
appropriated for the purposes of the fund. Rentals for the State
Transportation Building, and such other state-owned buildings,
are credited to the appropriate state fund for the purposes of
that fund.
SECTION 38. ORS 279.047 is amended to read:
279.047. If a person is prequalified with the { + Highway + }
Department { - of Transportation - } to perform contracts, or
with the Oregon Department of Administrative Services to perform
contracts, that person is rebuttably presumed qualified with any
other public contracting agency for the same kind of work. When
qualifying for the same kind of work with another public
contracting agency, that person may submit proof of such
prequalification in lieu of a prequalification application as
required by ORS 279.039 (1) or as a request for prequalification
under ORS 279.041 (1).
SECTION 39. ORS 279.712 is amended to read:
279.712. (1) The Oregon Department of Administrative Services
shall purchase or otherwise provide for the acquisition or
furnishing of all supplies, materials, equipment and services,
including architectural, engineering and other personal services,
required by state agencies, except to the extent the department
authorizes a state agency to purchase directly in accordance with
ORS 279.727.
(2) Subsection (1) of this section does not apply to:
(a) Purchases of alcoholic liquor by the Oregon Liquor Control
Commission;
(b) Agreements entered into by the Department of Education for
the purchase or distribution of textbooks;
(c) Personal service and public improvement contracts of the
{ + Highway + } Department { - of Transportation - }
relating to maintenance or construction of highways, bridges,
parks or other transportation facilities;
(d) Personal service and public improvement contracts of the
State Department of Fish and Wildlife for dams, fishways, ponds
and related fish and game propagation facilities;
(e) Insurance and service contracts to provide medical
assistance as provided for under ORS 414.115, 414.125, 414.135
and 414.145;
(f) Personal service and public improvement contracts of the
Economic Development Department relating to its foreign trade
offices operating outside the state;
(g) Personal service contracts of the Attorney General relating
to attorney services required by law to be performed by the
Attorney General;
(h) Personal service contracts entered into by the Director of
Veterans' Affairs for real estate broker services; and
(i) A contract of any other state agency when the agency is
specifically authorized by any provisions of law other than this
chapter to enter into the contract.
(3) The following requirements and procedures apply to personal
service contracts:
(a) Except as provided in subsection (2) of this section, the
Oregon Department of Administrative Services shall execute all
personal service contracts of state agencies, and all requisite
approvals must be obtained, including the approval of the
Attorney General, if applicable, before any state agency personal
service contract becomes binding upon the state and before any
service may be performed under the contract.
(b) The department shall by rule set forth the requirements
necessary to implement the provisions of this subsection,
including but not limited to rules establishing:
(A) The type of documentation that must accompany contracts
submitted to the department for procurement.
(B) A reporting system for personal service contracts. A state
agency shall submit to the department personal service contract
information as directed by the department.
(C) Procedures for the screening and selection of persons to
perform personal services when the department authorizes a state
agency to contract directly pursuant to ORS 279.051.
(c) The department may exempt certain personal service
contracts or classes of personal service contracts, in whole or
in part, from the requirements of this subsection if the
department finds that:
(A) It is unlikely that an exemption will encourage favoritism
in the awarding of a personal service contract or will
substantially diminish competition for personal service
contracts; and
(B) The awarding of a personal service contract pursuant to the
exemption will result in substantial cost savings to the state
agency.
(d) In making its findings under paragraph (c) of this
subsection, the department may consider the type, cost and amount
of the contract, number of persons available to contract and such
other factors as the department considers appropriate.
(e) Each state agency shall file with the department a copy of
each personal service contract entered into by the agency,
including appropriate documentation as required by the
department. The department shall keep the copy of the contract
and its documentation on file for three years, after which the
department may destroy the file.
(f) The department shall maintain a system for filing copies of
personal service contracts and documentation submitted to it
under paragraph (e) of this subsection.
(g) The department shall submit a biennial report to the
Legislative Assembly concerning the use of personal service
contracts by state agencies. The report shall specify the name of
each contracting agency, the amount paid under each personal
service contract entered into by the agency, the name of the
contractor, the duration of the contract and the contract's basic
purpose. The report also shall include the total dollar figure of
all personal service contracts for each year of the preceding
biennium.
(h) The department may not approve any personal service
contract that requires payment of more than $75,000 unless the
contract has been reviewed for legal sufficiency and approved by
the Attorney General. The approval of the Attorney General must
be given prior to the effective date of the contract. A contract
without prior approval of the Attorney General under this
paragraph is not binding on the State of Oregon, and no service
may be performed under the contract.
(i) Whenever a state agency pays more in a calendar year under
a personal service contract for services historically performed
by state employees than the agency would have paid to its
employees performing the same work, the agency shall so report to
the department and include in the report a statement of
justification for the greater costs.
(j) The department shall notify all state agencies of the
requirements of this section.
SECTION 40. ORS 285A.600 is amended to read:
285A.600. (1) The Legislative Assembly finds that:
(a) The ports of this state are directly and actively involved
in creating and carrying out at the local level the economic
development objectives and programs of the State of Oregon.
(b) Ports in this state provide effective local assistance to
state economic and transportation development efforts.
(c) Ports in Oregon develop and market facilities and services
to support important existing industries in this state, such as
agriculture, aviation, maritime commerce, international trade,
tourism, recreation, fishing, wood products and transportation.
(d) Port facilities, including roads, railroads, airports,
harbors and navigation channels, are an integral element of the
transportation infrastructure of this state.
(e) The ports in this state have few technical or institutional
resources to deal with multiple state and federal programs.
(f) Ports in this state need coordinating and planning
assistance from the State of Oregon in order to be competitive in
national and international markets and to continue to contribute
to economic development efforts in this state.
(2) The Legislative Assembly declares that it is the policy of
this state to include Oregon's ports in planning and implementing
economic development and transportation programs. To that end,
the Oregon Economic Development Commission and the Economic
Development Department may work to:
(a) Coordinate with the { + Highway + } Department { - of
Transportation - } and other state agencies, commissions and
advisory committees engaged in activities affecting ports to
facilitate port planning and development;
(b) Promote local cooperation in statewide planning and
development of the ports;
(c) Promote long-term economic self-sufficiency of the ports;
(d) Encourage cost-effective investments with prudent financial
consideration of port development projects; and
(e) Facilitate ports in their efforts to expand and respond to
greater domestic and international market opportunities.
(3) The Legislative Assembly also declares that:
(a) The State of Oregon recognizes, supports and promotes a
federal role in the continuation of the maintenance and
development of federally authorized waterway projects.
(b) Because the federal role is changing, the responsibilities
of this state may increase in terms of direct involvement in
waterway transportation.
(c) It is the policy of the State of Oregon to support the
continued maintenance and development of the following waterways
as key elements of the statewide transportation system:
(A) The navigation channels of the Columbia River, Coos Bay and
Yaquina Bay and any other commercial waterway segments that
provide a link for movement of products to and from world and
regional markets.
(B) Waterway segments that serve as transportation corridors
for large volumes of bulk and agricultural commodities and that
provide shippers a cost-effective means to transport products.
(C) The coastal channels and harbors that support commercial
and water-dependent activities.
SECTION 41. ORS 285B.419 is amended to read:
285B.419. (1) The Economic Development Department shall adopt
rules and policies for the administration of the Special Public
Works Fund. Insofar as practicable, the department's rules shall
provide that infrastructure projects that meet the following
criteria receive priority for financial assistance:
(a) Provide for the establishment or enlargement of
economically viable industries, with reasonable long term growth
prospects, including opportunities for innovative new industries
or for continuance of existing basic industries.
(b) Result in a net benefit to the state in the long term and
not require continuing state subsidies.
(c) Utilize existing public and private assets, including
infrastructure, human resources and plant and equipment.
(d) Improve the conditions of the economically disadvantaged
and increase the number of family wage jobs.
(e) Support the development of businesses owned by women and
members of minority groups.
(f) Harness Oregon's comparative advantage with emphasis on the
growth and development of existing, in-state businesses,
especially small businesses.
(g) Direct assistance to projects that assist businesses
selling goods and services in markets for which national or
international competition exists and prohibit assistance to
infrastructure projects that primarily focus on relocating
business or economic activity from one part of the state to
another.
(h) Result in the economic revitalization of small cities and
underdeveloped urban and rural areas.
(i) Are funded and otherwise supported to the maximum extent
possible by private resources.
(j) Result in business growth or expansion which would not
occur in Oregon without an investment from the Special Public
Works Fund.
(2)(a) The Economic Development Department shall manage the
Special Public Works Fund and any expenditures from its accounts
and transfers between its accounts so that the fund value shall
be equal to at least 50 percent of lottery revenues actually
transferred to the fund plus interest on such amounts compounded
annually at five percent. The fund value shall be determined by
summing the cash reserves and the outstanding principal amount of
loans to municipalities. Any principal amounts of loans forgiven
shall be subtracted from the value of the fund. The value of the
fund shall include moneys in the fund that are pledged to the
repayment of state bonds.
(b) The department shall quarterly certify the value of the
fund to the State Treasurer and to the Legislative Committee on
Trade and Economic Development.
(c) If necessary to insure repayment of bonds issued under ORS
285B.410 to 285B.479, the Economic Development Department is
authorized to reduce the value of the fund to less than the limit
provided in paragraph (a) of this subsection if the department:
(A) Finds that without such a reduction in fund value, bonds
secured by the fund are likely to be in default; and
(B) Imposes a moratorium on grants until the requirements of
paragraph (a) of this subsection are met.
(3) Not more than 100 percent of the total cost of any
infrastructure project shall be financed from the Special Public
Works Fund.
(4) The department may commit moneys in the Special Public
Works Fund or reserve future income to the fund for disbursal in
future years under ORS 285B.440 (4). The department shall commit
or reserve moneys under this subsection only after:
(a) Allowing for contingencies;
(b) Finding that there will be sufficient unobligated net
income to the fund to make such future payments. Such a finding
shall be based on financial plans which are consistent with the
financial requirements of subsections (2) and (4) of this
section; and
(c) Providing in any contract for such commitment that the
liability of the state to make such annual payments shall be
contingent on the availability of moneys in the Special Public
Works Fund.
(5) In assisting local governments with infrastructure
projects, the department shall cooperate to the maximum extent
possible with other state agencies financing infrastructure
projects, including but not limited to the Department of
Environmental Quality, the Water Resources Department and the
{ + Highway + } Department { - of Transportation - } .
(6) The department shall notify the Housing and Community
Services Department of any proposed Special Public Works Fund
project with a related workforce increase at the time the
department receives the completed application for the project.
SECTION 42. ORS 291.224 is amended to read:
291.224. (1) A capital construction program containing
estimated capital construction needs, irrespective of how
financed, shall be included with the budget report required by
ORS 291.216. The capital construction program shall contain the
estimated physical construction requirements for each biennium of
a period to be determined by the Governor, which period shall not
be less than six years. The Oregon Department of Administrative
Services shall assist the Governor in the preparation of the
capital construction program.
(2) Except as otherwise provided in subsection (3) of this
section and in accordance with regulations prescribed by the
department, state agencies shall submit to the department their
anticipated capital construction requirements for the period
specified by the Governor. The department shall prescribe the
basic assumptions relating to population changes, economic trends
and other factors which might generally affect capital
construction requirements and these basic assumptions shall be
used by the state agencies in preparing their anticipated capital
construction requirements. Each state agency is responsible for
the basic assumptions which affect only its own program. The
department shall prepare estimated capital construction
requirements for any necessary capital construction not covered
by the capital construction requirements submitted by the state
agencies under this section.
(3) Each state agency, including the department, required under
subsection (2) of this section to submit or prepare anticipated
or estimated capital construction requirements, shall submit a
copy of such requirements that relate to construction or
improvements within the areas described in ORS 276.028 to the
Capitol Planning Commission at a time specified by the Capitol
Planning Commission, but not later than August 1 of each
even-numbered year. The Capitol Planning Commission shall review
capital construction requirements submitted as required by this
subsection and, not later than November 1 of each even-numbered
year, make recommendations to the department with respect to such
capital construction proposals.
(4) In accordance with regulations prescribed by the
department, each state agency shall separately submit its
estimated office space requirements for the period specified by
the Governor; and the department shall consolidate those needs
and make an estimate for all state office buildings to be
included in the capital construction program.
(5) The Governor shall consolidate the estimates, review all of
them and make such revisions as the Governor finds warranted.
(6) The budget report shall include the proposed expenditures
for the capital construction program for the ensuing biennium and
the proposed expenditures for preliminary planning of the
construction projects included in the capital construction
program for the biennium following the ensuing biennium. The
budget report shall also include dollar estimates of the cost of
the capital construction projects included in the capital
construction program for the succeeding years of the period
determined by the Governor under subsection (1) of this section
and the recommendations submitted to the department pursuant to
subsection (3) of this section.
(7) As used in this section, 'capital construction program '
does not include:
(a) The acquisition, repair, improvement, enlargement,
construction or maintenance of highways and highway bridges by
the { + Highway + } Department { - of Transportation - } ;
(b) Park improvements by the State Parks and Recreation
Department; or
(c) Road infrastructure work performed under timber sale
contracts entered into by the State Forester.
SECTION 43. ORS 292.039 is amended to read:
292.039. (1) The payment of the salary or compensation of the
employees of the { + Highway + }Department { - of
Transportation - } and the officers and employees of any state
agency, as defined in ORS 291.002 (7), if such agency is
authorized by the Director of the Oregon Department of
Administrative Services, where such salary or compensation is
payable out of the State Treasury and is fixed by law or the
proper governing board or authority at a definite rate per day,
week, month or year, shall be made monthly, as provided in this
section.
(2) The superintendent, president or chief executive officer of
the institutions, boards, commissions or state agencies listed in
subsection (1) of this section, or such other officer thereof as
may be, with the approval of the department, designated by the
proper governing board or authority, shall, at the end of each
month, make out, certify and transmit to the department, a
payroll, duly verified by the superintendent, president or chief
executive officer or designated other officer and approved by the
proper auditing committee or officer, showing the names of the
several officers and employees during the preceding payroll
period, the rate of compensation of each by the day, week, month
or year, the time employed, the amount due and any other facts
the department requires. The department, if it approves the
payroll, shall draw a warrant on the State Treasurer for the
aggregate amount allowed by it thereon, in favor of the
superintendent, president or other officer of the institution,
board, commission or state agency, who shall immediately pay over
the moneys received thereon to the several parties entitled
thereto, taking receipts therefor, which shall be transmitted to
the department.
SECTION 44. ORS 293.212 is amended to read:
293.212. (1) If the { + Highway + } Department { - of
Transportation - } determines that there is insufficient money in
any of its funds to pay the obligations against that fund, the
department may request the State Treasurer to transfer money from
one or more other funds to the fund that has insufficient money.
The treasurer shall transfer the money if:
(a) The lending fund has money that is not required at the time
of the transfer to meet the obligations against the fund; and
(b) The treasurer determines that there are or will be enough
moneys accruing to the borrowing fund, or which can be
transferred to it, to enable a retransfer of the money to the
lending fund in time to meet the requirements of the lending
fund.
(2) All transfers of money under this section to a borrowing
fund shall be retransferred to the lending funds when or before
they are needed.
(3) The department may request transfers of money under this
section regardless of whether or not the insufficiency in a fund
that triggers the request was anticipated by the department.
SECTION 45. ORS 307.110 is amended to read:
307.110. (1) Except as provided in ORS 307.120, all real and
personal property of this state or any institution or department
thereof or of any county or city, town or other municipal
corporation or political subdivision of this state, held under a
lease or other interest or estate less than a fee simple, by any
person whose real property, if any, is taxable, except employees
of the state, municipality or political subdivision as an
incident to such employment, shall be subject to assessment and
taxation for the assessed or specially assessed value thereof
uniformly with real property of nonexempt ownerships.
(2) Each leased or rented premises not exempt under ORS 307.120
and subject to assessment and taxation under this section which
is located on property used as an airport and owned by and
serving a municipality or port shall be separately assessed and
taxed.
(3) Nothing contained in this section shall be construed as
subjecting to assessment and taxation any publicly owned property
described in subsection (1) of this section which is:
(a) Leased for student housing by a school or college to
students attending such a school or college.
(b) Leased to or rented by persons, other than sublessees or
subrenters, for agricultural or grazing purposes and for other
than a cash rental or a percentage of the crop.
(c) Utilized by persons under a land use permit issued by the
{ + Highway + } Department { - of Transportation - } for
which the department's use restrictions are such that only an
administrative processing fee is able to be charged.
(d) County fairgrounds and the buildings thereon, in a county
holding annual county fairs, managed by the county fair board
under ORS 565.230, if utilized, in addition to county fair use,
for any of the purposes described in ORS 565.230 (2), or for
horse stalls or storage for recreational vehicles or farm
machinery or equipment.
(e) The properties and grounds managed and operated by the
Oregon State Fair and Exposition Center under ORS 565.015, if
utilized, in addition to the purpose of holding the Oregon State
Fair, for horse stalls or for storage for recreational vehicles
or farm machinery or equipment.
(f) For tax years beginning on or after July 1, 1969, and
before July 1, 2002, state property that is used by the State
System of Higher Education or the Oregon Health Sciences
University to provide parking for employees or students.
(g) Property of a housing authority created under ORS chapter
456 which is leased or rented to persons of lower income for
housing pursuant to the public and governmental purposes of the
housing authority. For purposes of this paragraph, 'persons of
lower income' has the meaning given the phrase under ORS 456.055.
(h) Property within a shipyard capable of dry-docking
ocean-going vessels of 200,000 deadweight tons or more and
utilized or leased by a sole contractor for the purpose of ship
repair, layup, conversion or construction. The public shipyard
owner shall notify the county assessor of the date of the lease
or other possessory interest agreement with the sole shipyard
contractor. Property subleased by the sole shipyard contractor,
or utilized by another person pursuant to a possessory interest
agreement with the sole shipyard contractor, is not exempt under
this paragraph.
(4) Property determined to be an eligible project for tax
exemption under ORS 285B.383 and 307.123 that was acquired with
revenue bonds issued under ORS 285B.320 to 285B.377 and that is
leased by this state, any institution or department thereof or
any county, city, town or other municipal corporation or
political subdivision of this state to an eligible applicant
shall be assessed and taxed in accordance with ORS 307.123.
(5) The provisions of law for liens and the payment and
collection of taxes levied against real property of nonexempt
ownerships shall apply to all real property subject to the
provisions of this section. Taxes remaining unpaid upon the
termination of a lease or other interest or estate less than a
fee simple, shall remain a lien against the real or personal
property.
(6) If the state enters into a lease of property with, or
grants an interest or other estate less than a fee simple in
property to, a person whose real property, if any, is taxable,
then within 30 days after the date of the lease, or within 30
days after the date the interest or estate less than a fee simple
is created, the state shall file a copy of the lease or other
instrument creating or evidencing the interest or estate with the
county assessor. This section applies notwithstanding that the
property may otherwise be entitled to an exemption under this
section, ORS 307.120 or as otherwise provided by law.
SECTION 46. ORS 311.683 is amended to read:
311.683. (1) If tax-deferred homestead property is acquired by
the { - Oregon Department of Transportation - } { + Highway
Department + } through condemnation, the taxpayer may elect to
continue to defer the payment of taxes and interest by:
(a) Filing a written notice of intent to continue deferral with
the Department of Revenue on or before 30 days after the date the
{ - Oregon Department of Transportation - } { + Highway
Department + } has acquired title to the condemned homestead; and
(b) Filing a claim for deferral with respect to a new homestead
within one year after the { - Oregon Department of
Transportation - } { + Highway Department + } has acquired
title to the condemned homestead.
(2) Upon receipt of a notice of intent to continue deferral of
taxes attributable to a condemned homestead, the Department of
Revenue shall prepare an estimate of the amount of taxes,
interest and fees that have been and, if approved under
subsections (3) and (5) of this section, will continue to be
deferred upon the release and satisfaction of the lien on the
condemned homestead and the recordation of the lien on the new
homestead.
(3) After preparing the estimate described in subsection (2) of
this section, the Department of Revenue shall grant a temporary
deferral of taxes with respect to the condemned homestead not to
exceed the length of time described in subsection (1)(b) of this
section if:
(a) The { - Oregon Department of Transportation - } { +
Highway Department + } has acquired title to the condemned
homestead; and
(b) The taxpayer has a legally enforceable escrow agreement
with a title company that:
(A) Provides for an interest-bearing escrow account in which
moneys are deposited that are sufficient to pay in full the
amount of deferred taxes, interest and fees on the condemned
homestead property as estimated under subsection (2) of this
section;
(B) Establishes the Department of Revenue as the beneficiary of
the escrow agreement;
(C) Provides that the moneys of the escrow account are to be
released to the taxpayer upon the Department of Revenue's
approval of continued deferral under subsection (5) of this
section and the recordation of the lien described in subsection
(6) of this section with the county clerk; and
(D) Provides that the full amount of the estimated deferred
taxes, interest and fees related to the condemned homestead are
to be released to the Department of Revenue if the continued
deferral described in subsection (5) of this section is not
granted by the Department of Revenue.
(4) The department shall provide a release or satisfaction of
the lien on the condemned homestead when an escrow account has
been established as provided under subsection (3) of this
section.
(5) Upon receipt of a claim for the deferral of taxes for a new
homestead that also seeks to continue the deferral of taxes
attributable to a condemned homestead for which a temporary
deferral has been granted under subsection (3) of this section,
the Department of Revenue shall approve the continued deferral of
the taxes temporarily deferred under subsection (3) of this
section if:
(a) The taxpayer's equity interest in the new homestead equals
or exceeds in value the total of the amount of deferred taxes,
interest and fees on the condemned homestead as estimated under
subsection (2) of this section, plus $10,000;
(b) The taxpayer is entitled to tax deferral under ORS 311.666
to 311.701 with respect to the new homestead; and
(c) The taxpayer consents to the continued deferral of taxes
and to the lien on the new homestead property as provided in
subsection (6) of this section.
(6) Upon granting the continued deferral under subsection (5)
of this section, the Department of Revenue shall have a lien on
the new homestead in the amount of the estimate prepared under
subsection (2) of this section plus interest and any fees
incurred in connection with the recording of the lien. The lien
described in this subsection shall be in addition to any other
lien under ORS 311.673 that the Department of Revenue shall have
with respect to the new homestead. The provisions of ORS 311.679
relating to liens shall apply to the lien described in this
subsection. At the time the lien described in this subsection is
recorded, the escrow account described in subsection (3) of this
section shall be closed and the moneys in the account released to
the taxpayer.
(7) The Department of Revenue may prescribe such rules as are
needed to implement the provisions of this section.
SECTION 47. ORS 339.665 is amended to read:
339.665. (1) The Department of Education and the
{ + Highway + } Department { - of Transportation - } shall
cooperate with any public, private or parochial school in the
organization, supervision, control and operation of its traffic
patrol.
(2) The Department of State Police, the sheriff of each county
or the police of each city may assist any public, private or
parochial school in the organization, supervision, control or
operation of its traffic patrol.
SECTION 48. ORS 366.005 is amended to read:
366.005. As used in this chapter and in ORS chapter 367, unless
the context requires otherwise:
{ - (1) 'Chief engineer' or 'engineer' means the person
designated by the director under ORS 184.628. - }
{ - (2) - } { + (1) + } 'Commission' means the { - Oregon
Transportation - } { + Highway + } Commission.
{ - (3) - } { + (2) + } 'Department' means the
{ + Highway + } Department { - of Transportation - } .
{ - (4) - } { + (3) + } 'Director' means the Director of
{ - Transportation - } { + the Highway Department + }.
{ - (5) - } { + (4) + } 'Federal funds' means any funds
provided by the United States for cooperative road work with
states, counties, cities or other municipal subdivisions of the
state under Acts of Congress enacted for those purposes.
{ - (6) - } { + (5) + } 'Highway fund' means the State
Highway Fund.
{ - (7) - } { + (6) + } 'State highway' means any road or
highway designated as such by law or by the { - Oregon
Transportation Commission - } { + Highway Commission + }
pursuant to law and includes both primary and secondary state
highways.
{ - (8) - } { + (7) + } 'This Act' means this chapter and
ORS 105.760, 373.010, 373.015, 373.020 and 373.030.
SECTION 49. ORS 366.155 is amended to read:
366.155. (1) The { + Highway + } 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 - }
{ + the Highway Department + } 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. The
{ + Highway + } 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.
(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 50. ORS 366.317 is amended to read:
366.317. When the construction, expansion or improvement of a
state highway as defined in ORS 366.005 would otherwise clearly
and certainly cause the destruction of trees and shrubs which in
the judgment of the { - engineer or the designee of the
engineer - } { + Director of the Highway Department + } may be
removed in safety, the
{ - Department of Transportation - } { + Highway
Department + } shall:
(1) Prior to their destruction, cause notice to be placed in a
newspaper of general distribution in the locality in which these
trees and shrubs are located that these trees and shrubs may be
destroyed, and that application may be made to the department at
a specific time and place to remove these trees and shrubs for
transplanting; and
(2) Permit the removal of these trees and shrubs by those
making application to do so.
SECTION 51. ORS 366.815 is amended to read:
366.815. (1) A city shall set aside in a state tax street fund
all money which it receives under ORS 366.785 to 366.820.
(2) No money allocated to a city may be allowed to accumulate
over two successive years unless the city perfects plans for a
definite construction program allowable under ORS 366.785 to
366.820 which will necessitate the use of more than two years'
estimated allocations. The program shall receive the approval of
the { - Chief Engineer - } { + Director of the Highway
Department + } before money allocated may be accumulated. If any
city accumulates allocated funds for over two years, and a
definite construction program is not established, the funds shall
revert to the State Treasurer to be reallocated to other cities
as though they were an additional credit to the cities'
appropriation under ORS 366.785 to 366.820.
SECTION 52. ORS 366.820 is amended to read:
366.820. Nothing in ORS 366.785 to 366.815 relieves the { +
Highway + } Department { - of Transportation - } of its
statutory obligations with respect to the construction,
reconstruction, maintenance, repair and improvement of streets or
roads taken over by the state, or confers on the
{ - division - } { + department + } jurisdiction or control
over roads or streets benefited by ORS 366.785 to 366.815, except
as provided therein.
SECTION 53. ORS 368.016 is amended to read:
368.016. (1) Except as provided in this section or as otherwise
specifically provided by law, the exercise of governmental powers
relating to a road within a county is a matter of county concern.
(2) A county governing body:
(a) Does not have jurisdiction over any public road that is a
state highway.
(b) Shall only take action involving a local access road within
a city if the city governing body consents to the action.
(c) May by resolution or order make any public road within its
jurisdiction a county road.
(3) Any road that has a classification as a county road on
November 1, 1981, shall retain that classification unless the
classification is changed under ORS 368.026 or as otherwise
provided by law.
(4) A county governing body may seek assistance from the { +
Highway + } Department { - of Transportation - } as provided
under ORS 366.155.
SECTION 54. ORS 368.036 is amended to read:
368.036. (1) County roads and work performed on county roads
shall comply with specifications and standards, including
standards for width, adopted by the county governing body. If the
county governing body does not have specifications for work
performed on county roads, the work shall comply with standards
and specifications adopted by the { + Highway + } Department
{ - of Transportation - } .
(2) If a county governing body provides for work to be
performed on a local access road, the standards for the road or
specifications for work performed on the road may differ from
standards and specifications for county roads, but the county
governing body shall provide for the work to be performed in the
same manner as it provides for work to be performed on county
roads.
SECTION 55. ORS 371.475 is amended to read:
371.475. The board of directors has the following powers and
authority, which are not exclusive but are a general outline of
powers to be construed liberally:
(1) To examine, supervise, order, construct, direct and control
the repair, construction, maintenance and reconstruction of all
the roads and highways within the district, except primary and
secondary state highways and other highways under the exclusive
jurisdiction of the { + Highway + } Department { - of
Transportation - } , to the end that such roads and highways
shall be kept in the best condition and state of repair possible
within their power, authority and the financial condition of the
district.
(2) To levy and collect assessments as provided in ORS 371.500
and 371.505.
(3) To have surveys, estimates and plans made for improvement,
maintenance and reconstruction of the roads of the district.
(4) To request the county court of the county in which the
district is situated to provide to the district the services of
the county engineer for the work of the district, and, if the
county court does not provide for such district a duly qualified
engineer, registered by the state, who has had not less than two
years' experience in the construction and maintenance of roads
and highways, to employ a qualified engineer registered by the
state, who has had not less than two years' experience in the
construction and maintenance of roads and highways, until such
time as the county court may comply with the request of the
district.
(5) To designate roads within the district for construction,
improvement or repair, to request the county court of the county
in which the district is situated to provide the right of way for
the roads and to construct, repair and improve the roads in
accordance with the plans formulated by the engineer employed by
the directors. If the board of directors certifies to the county
court that funds are available to defray the cost of acquiring
such rights of way and the construction, improvement or repair of
the road, the county court thereupon shall acquire the necessary
right of way and proceed with the necessary construction, repair
or improvement at the expense of the road assessment district.
(6) To contract under ORS 366.770 (1) or 366.775 with the
approval of the county court of the county in which the district
is situated.
(7) To disburse by order signed by the president and the
secretary the funds of the district in payment of the expenses of
the district or for the costs of road improvement, maintenance or
reconstruction.
(8) To sue or be sued in the name of the district.
(9) Any and all authority and power necessary to carry out the
particular powers and purposes of ORS 371.405 to 371.535.
SECTION 56. ORS 372.140 is amended to read:
372.140. The district may:
(1) Make contracts.
(2) Hold, receive and dispose of real and personal property
within and without its described boundaries.
(3) Do all other acts and things requisite, necessary or
convenient in carrying out the objects of the district or
exercising the powers expressly conferred upon it by this
chapter.
(4) Sue and be sued, plead and be impleaded in all actions and
suits or other proceedings brought by or against it.
(5) Have and exercise within and without its boundaries the
same rights and powers of purchasing and selling real property
and rights of way, which cities or other corporations have, to be
exercised in the manner authorized.
(6) Purchase in the open market or obtain from other public
utility corporations, electric energy for lighting purposes and
poles, wires, conduits, lighting fixtures and all types of
property necessary to enable the district to carry out its
purposes.
(7) Enter into contracts with any person:
(a) For the construction, maintenance and operation, or any of
these, of the lighting facilities or any one or more of such
services.
(b) For the renewal, upkeep and maintenance of the lighting
facilities or any part thereof.
(c) For the use of any lighting facilities if and when owned by
such person.
(8) Contract with the state, by and through the
{ + Highway + } Department { - of Transportation - } , and its
successors in interest, with respect to any phases of the
lighting of any highway within the district which is owned by the
state or under its control.
SECTION 57. ORS 372.150 is amended to read:
372.150. (1) The plans and specifications for the illumination
of a state highway shall be submitted to and be approved by the
{ + Highway + } Department { - of Transportation - } before a
district is authorized to acquire the equipment for illumination
or to install it on any state highway.
(2) A district shall maintain and operate illumination
equipment on a state highway in cooperation with and with the
approval of the { + Highway + } Department { - of
Transportation - } .
SECTION 58. ORS 376.315 is amended to read:
376.315. (1) Any logging operator desiring to become a forest
road contractor may make application to the county court having
jurisdiction and control over a forest road, to improve or
maintain, or improve and maintain, such road.
(2) The application shall set forth:
(a) A description of the road and the termini thereof.
(b) If the applicant proposes to improve the road, a general
statement of the improvements proposed to be made.
(c) If the applicant proposes to maintain the road, a general
description of the maintenance work proposed to be done.
(3) The application shall be verified and signed by the
applicant and filed in the office of the county clerk, together
with an affidavit showing service thereof, either personally, by
registered mail or by certified mail with return receipt, on the
Public Utility Commission and on the { + Highway + } Department
{ - of Transportation - } .
SECTION 59. ORS 376.320 is amended to read:
376.320. (1) The county court shall:
(a) Fix a date for hearing the application.
(b) Cause a notice of the hearing to be posted at the place
where the county court sessions are held and at three public
places in the vicinity of the forest road specified in the
application, for at least 30 days immediately prior to the date
set for hearing.
(c) Cause notice of the hearing to be published in a newspaper
published in the county and having general circulation therein,
but if there is no such newspaper published in the county, then
in any newspaper having general circulation in the county, for
not less than once a week for two weeks immediately prior to the
date set for the hearing.
(2) A copy of the notice shall be served personally, by
registered mail or by certified mail with return receipt on the
Public Utility Commission and on the { + Highway + } Department
{ - of Transportation - } at least 15 days prior to the date
set for hearing.
(3) Proof that the notice has been posted and served shall be
made by affidavit and filed in the proceeding.
SECTION 60. ORS 376.330 is amended to read:
376.330. After the hearing, the county court may, in its
discretion, approve or disapprove the application. If the
application is approved, a copy of the approving order together
with a copy of the findings of the county court shall be served
by the county clerk by registered mail or by certified mail with
return receipt within 10 days after the order is made, upon the
Public Utility Commission and the { + Highway + } Department
{ - of Transportation - } . The county clerk shall file in the
proceeding the certificate of such service.
SECTION 61. ORS 376.350 is amended to read:
376.350. One copy of the contract shall be filed with the
county clerk, one with the Public Utility Commission and one with
the { + Highway + } Department { - of Transportation - } .
SECTION 62. ORS 376.355 is amended to read:
376.355. (1) During such term as may be specified in the
contract, the forest road contractor and agents and
subcontractors of the forest road contractor have the right and
privilege to:
(a) Use and operate over the contract forest road, motor
vehicles limited as to wheel base, weights, dimensions, tire
widths and tire surfaces only as specified in the contract.
(b) Transport forest products upon such motor vehicles over the
road, with loads limited as to gross weights, axle load weights,
tire load weights, and load dimensions and heights only as
specified in the contract.
(2) Whenever any forest road contractor operates any motor
vehicle having a size or weight prohibited by or in excess of the
limitations contained in any law pertaining to state highways, on
a contract forest road which crosses a state highway, the
{ + Highway + } Department { - of Transportation - } may
adopt rules and regulations and issue permits for said motor
vehicle to cross said state highway in the use of such contract
forest road. Such rules and regulations and such permits may
include, but need not be limited to, provisions for reinforcing
and strengthening the highway and for the installation of signs
and signals, and such other requirements as the { + Highway + }
Department { - of Transportation - } may deem necessary for
the preservation of the highway and for the safety and best
interest of the public. All construction and installations under
such permits shall be under the supervision of the
{ + Highway + } Department { - of Transportation - } and at
the expense of the forest road contractor.
SECTION 63. ORS 376.380 is amended to read:
376.380. Any forest road contractor may assign the forest road
contract in its entirety, with approval of the contracting county
court and not otherwise. A copy of each assignment shall be filed
with the county clerk. A copy of the assignment together with a
copy of the resolution of the county court approving the
assignment shall be delivered or sent by registered mail or by
certified mail with return receipt to the Public Utility
Commission and the { + Highway + }Department { - of
Transportation - } .
SECTION 64. ORS 376.540 is amended to read:
376.540. Any logging road { - which - } { + that + } is
necessary for the transportation of a single tract of timber is
within ORS 376.505 to 376.540, whether it is a common carrier or
otherwise. Such road is not under the jurisdiction of the
{ + Highway + } Department { - of Transportation - } unless
the owners thereof declare it a common carrier.
SECTION 65. ORS 376.605 is amended to read:
376.605. (1) The { + Highway + } Department { - of
Transportation - } may establish, lay out, construct and improve
public pedestrian trails and bridle paths not exceeding 30 feet
in width, connecting legally established streets, roads and
public parks with the shore of the Pacific Ocean.
(2) For the purpose set forth in subsection (1) of this
section, the department may acquire real property or any interest
therein by purchase, donation, agreement or exercise of the power
of eminent domain. The provisions of ORS chapter 35 are
applicable to proceedings of the department authorized by this
subsection.
SECTION 66. ORS 377.712 is amended to read:
377.712. (1) Notwithstanding the provisions of ORS 377.700 to
377.780, the owner of any outdoor advertising sign in existence
on June 12, 1975, located in a commercial or industrial zone in
existence on June 12, 1975, that meets all requirements for
obtaining an outdoor advertising sign permit as set out in ORS
377.700 to 377.780 and for which the owner had not secured an
outdoor advertising permit as required by ORS 377.725 prior to
June 12, 1975, either because of ignorance of the requirements of
ORS 377.725 or because the area, road or street adjacent to which
the sign was situated was not, at that time, designated as a
state highway, shall be entitled to the issuance of an outdoor
advertising sign permit by the { - division - } { + Highway
Department + } upon application by the owner of the sign and the
payment of the fee set out in ORS 377.729.
(2) Notwithstanding the provisions of ORS 377.700 to 377.780,
the owner of any outdoor advertising sign visible from a road or
street that is designated as a state highway after February 19,
1990, is entitled to the issuance of an outdoor advertising sign
permit for the sign upon application by the owner of the sign,
payment of the fee set out in ORS 377.729 and receipt of the
affidavit required under ORS 377.723, if the sign was legally
located within a commercial or industrial zone at the time of
designation as a state highway.
SECTION 67. ORS 377.758 is amended to read:
377.758. If appropriate federal authorities notify the { +
Highway + } Department { - of Transportation - } that the
erection of a sign pursuant to any of the provisions of ORS
377.756 to 377.758 is contrary to any federal law, the
{ - division - } { + department + } shall cease issuing
permits and shall cause any signs erected pursuant to ORS 377.756
to 377.758 to be removed.
SECTION 68. ORS 391.150 is amended to read:
391.150. (1) The { + Highway + } Department { - of
Transportation - } and the Tri-County Metropolitan
Transportation District shall jointly manage the construction
phases of the Westside corridor light rail project. The final
project management plans of the managing agencies shall provide
that the district shall manage and oversee construction of the
light rail right of way and facilities and that the department
shall manage and oversee the construction of highway improvements
related to the extension of the light rail system. The department
and the district shall describe in a memorandum of understanding
or grant agreement the functions and responsibilities assigned to
each of the managing agencies and shall establish an
organizational and management system for the project under which
significant actions during the construction phase occur only with
the knowledge of both of the managing agencies.
(2) Subject to ORS chapter 279 and any applicable prohibitions
against preferences in contracts related to the construction
phase of the Westside corridor light rail project, the managing
agencies shall develop procedures that afford qualified
businesses in Oregon the opportunity to compete for project
contracts to the maximum extent feasible and consistent with
federal laws and regulations governing Federal Transit
Administration grants.
(3) The managing agencies shall seek the cooperation and
assistance of contracting and construction associations in this
state when establishing the contracting procedures for the
Westside corridor light rail project. The managing agencies shall
also establish and implement programs to provide contracting and
construction businesses with information relating to the project.
(4) The managing agencies, to the maximum extent feasible,
shall encourage disadvantaged business enterprises to bid for
contracts and to otherwise participate in the Westside corridor
light rail project.
SECTION 69. ORS 401.337 is amended to read:
401.337. (1) There is established a Seismic Safety Policy
Advisory Commission consisting of the following members:
(a) The chief officer or the chief officer's designee of the
following:
(A) Department of Consumer and Business Services;
(B) State Department of Geology and Mineral Industries;
(C) Department of Land Conservation and Development;
(D) { + Highway + } Department { - of Transportation - } ;
and
(E) Office of Emergency Management of the Department of State
Police; and
(b) Thirteen members appointed by the Governor as follows:
(A) One representative of local government;
(B) Six members representing the public interest, including:
(i) One representative of a school district, community college
or university;
(ii) Two members of the Legislative Assembly; and
(iii) Three members of the general public; and
(C) Six members representing affected industries or
stakeholders.
(2) The term of office of each member, except a member of the
Legislative Assembly, appointed under subsection (1)(b) of this
section is four years, but a member serves at the pleasure of the
Governor. The term of office of a member of the Legislative
Assembly expires at the end of the term for which the member is
elected. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
SECTION 70. ORS 401.347 is amended to read:
401.347. The Office of Emergency Management shall provide
technical, clerical and other necessary support services to the
commission. The Department of Consumer and Business Services, the
Department of Human Resources, the State Department of Geology
and Mineral Industries, the Department of Land Conservation and
Development, the { + Highway + } Department { - of
Transportation - } , the Water Resources Department and the State
System of Higher Education shall provide assistance, as required,
to the commission to enable it to meet its objectives.
SECTION 71. ORS 418.688 is amended to read:
418.688. The Legislative Assembly recognizes that it is in the
public interest to provide employment for young people within the
existing administrative and financial capabilities of the { +
Highway + }Department { - of Transportation - } , the State
Fish and Wildlife Commission, the State Forestry Department,
State Parks and Recreation Department and the Division of State
Lands.
SECTION 72. ORS 447.310 is amended to read:
447.310. (1) The standard for construction of curbs on each
side of any city street, county road or state highway, or any
connecting street, road or highway for which curbs and sidewalks
have been prescribed by the governing body of the city or county
or { + Highway + } Department { - of Transportation - }
having jurisdiction thereover, shall require not less than two
curb cuts or ramps per lineal block to be located on or near the
crosswalks at intersections. Each curb cut or ramp shall be at
least 48 inches wide, where possible, and a minimum of 36 inches
wide where a 48-inch width will not fit, at a slope not to exceed
one-inch rise per 12-inch run. If a slope of 1:12 will not fit, a
slope between 1:10 and 1:12 is allowed for a maximum rise of six
inches and a slope between 1:8 and 1:10 is allowed for a maximum
rise of three inches. In no case shall the slope exceed 1:8.
(2) Standards set for curb cuts and ramps under subsection (1)
of this section shall apply whenever a curb or sidewalk is
constructed or replaced at any point in a block which gives
reasonable access to a crosswalk.
SECTION 73. ORS 447.233 is amended to read:
447.233. (1) The Director of the Department of Consumer and
Business Services shall include in the state building code, as
defined in ORS 455.010, a requirement that the number of
accessible parking spaces specified in subsection (2) of this
section be provided for affected buildings subject to the state
building code and that the spaces be signed as required by
subsection (2) of this section. Spaces may also be marked in a
manner specified in the state building code.
(2)(a) The number of accessible parking spaces shall be:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Required
Total Parking Minimum Number
In Lot of Accessible Spaces
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
501 t1,000 2 percent of total
1,001 anover 20 plus 1 for each
100 over 1,000
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) In addition, one in every eight accessible spaces, but not
less than one, shall be van accessible. A van accessible parking
space shall be at least nine feet wide and shall have an adjacent
access aisle that is at least eight feet wide.
(c) Accessible parking spaces shall be at least nine feet wide
and shall have an adjacent access aisle that is at least six feet
wide.
(d) The access aisle shall be located on the passenger side of
the parking space except that two adjacent accessible parking
spaces may share a common access aisle.
(e) A sign shall be posted for each accessible parking
space. The sign shall be clearly visible to a person parking in
the space, shall be marked with the International Symbol of
Access and shall indicate that the spaces are reserved for
persons with disabled person parking permits. Van accessible
parking spaces shall have an additional sign marked 'Van
Accessible' mounted below the sign.
(f) Accessible parking spaces and signs shall be designed in
compliance with the standards set forth by the { - Oregon
Transportation - } { + Highway + } Commission in consultation
with the Oregon Disabilities Commission.
(3) No ramp or obstacle may extend into the parking space or
the aisle, and curb cuts and ramps may not be situated in such a
way that they could be blocked by a legally parked vehicle.
(4) Parking spaces required by this section shall be maintained
so as to meet the requirements of this section at all times and
to meet the standards established by the state building code.
(5) The director is authorized to inspect parking spaces and
facilities and buildings subject to the provisions of this
section, and to do whatever is necessary to enforce the
requirements, including the maintenance requirements, of this
section. Municipalities and counties may administer and enforce
the requirements of this section in the manner provided under ORS
455.150 for administration and enforcement of specialty codes.
All plans for parking spaces subject to the provisions of this
section must be approved by the director prior to the creation of
the spaces.
(6) Requirements adopted under this section shall not apply to
long-term parking facilities at the Portland International
Airport.
(7) Any reported violation of this section shall be
investigated by the administrative authority. The administrative
authority shall make a final decision and order correction, if
necessary, within 30 days of notification. Any aggrieved person
may appeal within 30 days of the decision by the administrative
authority to the appropriate municipal appeals board or, at the
option of the local jurisdiction, directly to the Building Codes
Structures Board established under ORS 455.132. The appeal shall
be acted upon within 60 days of filing. The decision of the
municipal appeals board may be appealed to the board. The board
shall act on the appeal within 60 days of filing. All appeals to
the board shall be filed in accordance with ORS 455.690.
SECTION 74. ORS 453.342 is amended to read:
453.342. Any fire department, emergency service personnel or
law enforcement agency responding to an incident of injury to a
human, wildlife, domestic animal or property resulting from a
hazardous substance emergency shall make a report of the
incident, in writing, to the office of the State Fire Marshal.
The State Fire Marshal annually shall summarize all incidents
reported to the State Fire Marshal and the information received
as a result of the survey conducted under ORS 453.317. The State
Fire Marshal shall submit a copy of the summary to:
(1) The Governor;
(2) The Legislative Assembly;
(3) The Department of Environmental Quality;
(4) The Department of Consumer and Business Services;
(5) The { + Highway + } Department { - of Transportation - }
;
(6) The Health Division of the Department of Human Resources;
(7) The Environmental Health Sciences Center at Oregon State
University;
(8) The Office of Emergency Management of the Department of
State Police; and
(9) Every public library as defined in ORS 357.400.
SECTION 75. ORS 459A.615 is amended to read:
459A.615. The State Forestry Department, the State Parks and
Recreation Department, the { + Highway + } Department { - of
Transportation - } and the Oregon Department of Administrative
Services shall initiate programs that use compost or sewage
sludge in place of, or to supplement, soil amendments, ground
cover materials, mulching materials or other similar products for
which compost can be used as an effective substitute.
SECTION 76. ORS 468A.410 is amended to read:
468A.410. Cities, counties, municipal corporations and other
agencies, including the Department of State Police and the
{ + Highway + } Department { - of Transportation - } , shall
cooperate with the Environmental Quality Commission and regional
air pollution control authorities in the administration and
enforcement of the terms of any rule adopted pursuant to ORS
468A.405.
SECTION 77. ORS 527.755 is amended to read:
527.755. (1) The following highways are hereby designated as
scenic highways for purposes of the Oregon Forest Practices Act:
(a) Interstate Highways 5, 84, 205, 405; and
(b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36,
38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and
395.
(2) The purpose of designating scenic highways is to provide a
limited mechanism that maintains roadside trees for the enjoyment
of the motoring public while traveling through forestland,
consistent with ORS 527.630, safety and other practical
considerations.
(3) The State Board of Forestry, in consultation with the { +
Highway + } Department { - of Transportation - } , shall
establish procedures and regulations as necessary to implement
the requirements of subsections (4), (5) and (6) of this section,
consistent with subsection (2) of this section, including
provisions for alternate plans. Alternate plans that modify or
waive the requirements of subsection (4), (5) or (6) of this
section may be approved when, in the judgment of the State
Forester, circumstances exist such as:
(a) Modification or waiver is necessary to maintain motorist
safety, protect improvements such as dwellings and bridges, or
protect forest health;
(b) Modification or waiver will provide additional scenic
benefits to the motoring public, such as exposure of distant
scenic vistas;
(c) Trees that are otherwise required to be retained will not
be visible to motorists;
(d) The operation involves a change of land use that is
inconsistent with maintaining a visually sensitive corridor; or
(e) The retention of timber in a visually sensitive corridor
will result in severe economic hardship for the owner because all
or nearly all of the owner's property is within the visually
sensitive corridor.
(4)(a) For harvest operations within a visually sensitive
corridor, at least 50 healthy trees of at least 11 inches DBH, or
that measure at least 40 square feet in basal area, shall be
temporarily left on each acre.
(b) Overstory trees initially required to be left under
paragraph (a) of this subsection may be removed when the
reproduction understory reaches an average height of at least 10
feet and has at least the minimum number of stems per acre of
free to grow seedlings or saplings required by the board for
reforestation, by rule.
(c) Alternatively, when the adjacent stand, extending from 150
feet from the outermost edge of the roadway to 300 feet from the
outermost edge of the roadway, has attained an average height of
at least 10 feet and has at least the minimum number of stems per
acre of free to grow seedlings or saplings required by the board
for reforestation, by rule, or at least 40 square feet of basal
area per acre, no trees are required to be left in the visually
sensitive corridor, or trees initially required to be left under
paragraph (a) of this subsection may be removed. When harvests
within the visually sensitive corridor are carried out under this
paragraph, the adjacent stand, extending from 150 feet from the
outermost edge of the roadway to 300 feet from the outermost edge
of the roadway, shall not be reduced below the minimum number of
stems per acre of free to grow seedlings or saplings at least 10
feet tall required by the board for reforestation, by rule, or
below 40 square feet of basal area per acre until the adjacent
visually sensitive corridor has been reforested as required under
subsection (6) of this section and the stand has attained an
average height of at least 10 feet and has at least the minimum
number of stems per acre.
(5) Harvest areas within a visually sensitive corridor shall be
cleared of major harvest debris within 30 days of the completion
of the harvest, or within 60 days of the cessation of active
harvesting activity on the site, regardless of whether the
harvest operation is complete.
(6) Notwithstanding the time limits established in ORS 527.745
(1)(a), when harvesting within a visually sensitive corridor
results in a harvest type 1 or harvest type 3, reforestation
shall be completed by the end of the first planting season after
the completion of the harvest. All other provisions of ORS
527.745 shall also apply to harvest type 1 or harvest type 3
within visually sensitive corridors.
(7) Landowners and operators shall not be liable for injury or
damage caused by trees left within the visually sensitive
corridor for purposes of fulfilling the requirements of this
section, when carried out in compliance with the provisions of
the Oregon Forest Practices Act.
(8) Harvest on single ownerships less than five acres in size
are exempt from this section.
SECTION 78. ORS 552.438 is amended to read:
552.438. (1) A district may construct works across or along any
street or public highway, or over any lands which are property of
this state, or any subdivision thereof. A district may construct
its work across and along any stream of water or watercourse.
(2) Any works across or along any highway, road or street shall
be constructed only with the permission of the { + Highway + }
Department { - of Transportation - } , the county board or the
city governing body having jurisdiction of the highway, road or
street. The district shall restore any highway, road or street
to its former state as near as may be and shall not use the right
of way in a manner unnecessarily to impair its usefulness.
SECTION 79. ORS 607.505 is amended to read:
607.505. (1) No person shall permit cattle, horses, mules,
sheep, goats or hogs to run at large, be pastured, staked or
tethered upon the state highway extending from the easterly
boundary of the incorporated City of Klamath Falls to the
westerly boundary of the incorporated City of Malin.
(2) As used in this section, 'state highway' includes only
those highways over which the { + Highway + } Department
{ - of Transportation - } has control.
SECTION 80. ORS 607.527 is amended to read:
607.527. (1) Notwithstanding ORS 366.460, 366.465, 374.340 and
607.045 (2) and notwithstanding the existence of an open range
area, except as provided by subsection (2) of this section, no
person, except in case of emergency, shall drive, herd, pasture,
graze, range, tether or stake any livestock, as defined by ORS
607.005, within the boundaries of the right of way for a state
highway that is part of the national system of interstate and
defense highways, to wit: Interstate 5, Interstate 84, or
Interstate 82. This section is not intended to prohibit the
hauling of livestock, in vehicles, on a highway or the use of
structures or undercrossings, constructed and approved as
provided by law, as stock ways, nor to abrogate a duty provided
under ORS 607.303 to 607.341.
(2) Upon application by an owner or person in charge of
livestock, the Director of { - Transportation - } { + the
Highway Department + } or duly authorized local representative
may issue written permits, on such terms as the person finds
proper, authorizing the owner or person in charge of livestock to
herd or drive the livestock on a single trip across or within the
boundaries of a right of way for a highway as described in
subsection (1) of this section.
SECTION 81. ORS 634.660 is amended to read:
634.660. On or before 12 months after September 29, 1991, each
of the following state agencies or services shall implement
integrated pest management practices when carrying out the
agency's duties related to pest control:
(1) State Department of Agriculture, including the control of
noxious weeds.
(2) State Department of Fish and Wildlife.
(3) { + Highway + } Department { - of Transportation - } .
(4) State Parks and Recreation Department.
(5) State Forestry Department.
(6) Department of Corrections.
(7) Oregon Department of Administrative Services.
(8) The Division of State Lands.
(9) Each Oregon institution of higher education, for the
institution's own building and grounds maintenance.
SECTION 82. ORS 757.547 is amended to read:
757.547. (1)(a) The Oregon Utility Notification Center is
created as an independent not-for-profit public corporation. The
corporation shall be governed by a board of directors consisting
of one member appointed to represent each of the following:
(A) Cities with a population of 25,000 or more;
(B) Cities with a population under 25,000;
(C) Counties;
(D) Natural gas utilities regulated by the Public Utility
Commission under ORS chapter 757;
(E) Electric utilities regulated by the Public Utility
Commission under ORS chapter 757;
(F) Water districts, special districts, sanitary districts or
water and sanitary authorities;
(G) Telecommunications utilities serving less than 15,000
access lines and regulated by the Public Utility Commission under
ORS chapter 759;
(H) Telecommunications utilities serving 15,000 access lines or
more and regulated by the Public Utility Commission under ORS
chapter 759;
(I) Telecommunications cooperatives;
(J) Electric cooperatives;
(K) People's utility districts;
(L) Contractors;
(M) Excavators;
(N) Railroads;
(O) Cable system operators; and
(P) Municipal electric utilities.
(b) To facilitate appointment of members of the first board of
directors, the Public Utility Commission shall, by order, select
organizations that are most representative of each of the groups
set forth in paragraph (a) of this subsection. Each organization
so selected may nominate a member for the board and may, within
the time allowed by the commission's order, submit the name of
the nominee to the Governor, who shall consider the nominee
before making any other appointment to the board.
(c) After appointment of the first board of directors, to
facilitate appointment of new members to the board, the board
shall, by rule, select organizations that are most representative
of each of the groups set forth in paragraph (a) of this
subsection. Each organization so selected may nominate a member
for the board and may, within the time allowed by rule, submit
the name of the nominee to the Governor, who shall consider the
nominee before making any other appointment to the board.
(d) If the board of directors determines that a group not
listed in paragraph (a) of this subsection should be represented
on the board, the board may select an organization that is most
representative of the group and may ask that organization to
nominate a member. Upon receipt of the nomination, the board may
request that the Governor appoint the nominee.
(e) The Governor shall also appoint to the board of directors
one employee of the commission and one employee of the
{ + Highway + } Department { - of Transportation - } .
(2) The term of office of a member is four years. A member is
eligible for reappointment. Before the expiration of the term of
a member, the board of directors shall solicit a nomination as
provided in subsection (1) of this section and the Governor shall
appoint a successor. If there is a vacancy for any cause, the
board shall solicit a nomination as provided in subsection (1) of
this section and the Governor shall make an appointment to become
immediately effective for the unexpired term. A member may
continue to serve until a successor is appointed. Nothing in this
subsection or subsection (1) of this section shall restrict the
authority of the Governor to appoint a person other than one of
the persons nominated according to this subsection or subsection
(1) of this section.
(3) The board of directors shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with such duties and powers as the board considers necessary for
the performance of the functions of those offices. A minimum of
seven of the members of the board constitutes a quorum for the
transaction of business.
(4) The board of directors shall meet at least once every three
months at a time and place determined by the board. The board
shall meet at such other times and places specified by the call
of the chairperson or of a majority of the members of the board.
SECTION 83. ORS 758.010 is amended to read:
758.010. (1) Except within cities, any person or corporation
has a right and privilege to construct, maintain and operate its
water, gas, electric or communication service lines, fixtures and
other facilities along the public roads in this state, as defined
in ORS 368.001 or across rivers or over any lands belonging to
the state, free of charge, and over lands of private individuals,
as provided in ORS 772.210. Such lines, fixtures and facilities
shall not be constructed so as to obstruct any public road or
navigable stream.
(2) A county governing body and the { + Highway + } Department
{ - of Transportation - } have authority to designate the
location upon roads under their respective jurisdiction, outside
of cities, where lines, fixtures and facilities described in this
section may be located, and may order the location of any such
line, fixture or facility to be changed when such governing body
or department deems it expedient. Any line, fixture or facility
erected or remaining in a different location upon such road than
that designated in any order of the governing body or department
is a public nuisance and may be abated accordingly.
(3) The state officer, agency, board or commission having
jurisdiction over any land belonging to the state with respect to
which the right and privilege granted under subsection (1) of
this section is exercised may impose reasonable requirements for
the location, construction, operation and maintenance of the
lines, fixtures and facilities on such land. The person or
corporation exercising such right and privilege over any land
belonging to the state shall pay the current market value for the
existing forest products that are damaged or destroyed in
exercising such right and privilege. Such right and privilege of
any person or corporation is conditioned upon compliance with the
requirements imposed by this subsection.
SECTION 84. ORS 758.020 is amended to read:
758.020. (1) The county court, board of county commissioners or
the { + Highway + } Department { - of Transportation - } ,
when designating the location where poles or other aboveground
facilities described in ORS 758.010 may be placed on a road or
highway which fronts on the ocean or on a river or other body of
water and the water frontage of the highway is being developed or
maintained for its scenic or recreational value, may require all
lines to occupy the opposite side of the right of way, if such
joint occupancy can be maintained without undue impairment of
service or damage to public life and property.
(2) If the owners of such lines are unable to agree on the
terms and conditions of joint occupancy, such department, court
or board shall request the Public Utility Commission to determine
the practicability of such joint occupancy and the effect thereof
upon adequate and safe service by the prospective joint
occupants, the location of the lines, and, if found to be
practicable, to fix and prescribe the terms and conditions
pursuant to which joint occupancy shall be accomplished. Before
making or entering an order, such commission shall hold a hearing
and make findings in accordance with ORS 756.500 to 756.610,
subject to review as provided in ORS 756.580 to 756.610. In
fixing terms and conditions pursuant to which joint occupancy
shall be accomplished, the Public Utility Commission shall
require the installation by each occupant of standards, devices
and equipment reasonably necessary to protect the equipment of
the other occupants from damage and the public from injury
arising from such joint occupancy.
(3) The right of any public utility or telecommunications
utility to construct, maintain and operate on a public highway
poles or fixtures is contingent on compliance with reasonable
requirements established by the { + Highway + } Department
{ - of Transportation - } , county courts, boards of county
commissioners or the Public Utility Commission under authority of
this section and ORS 758.010. Such rights are likewise contingent
and conditioned on all facilities, equipment and installations
being constructed and maintained in strict conformance with
modern and approved standards.
SECTION 85. ORS 802.110 is amended to read:
802.110. Any procedures the Department of
{ - Transportation - } { + Revenue + } establishes for
financial administration of those functions of the department
dealing with driver and motor vehicle services and for the
disposition and payment of moneys it receives from the provision
of driver and motor vehicle services shall comply with all of the
following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the { - Department of
Transportation - } Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the { - Department of Transportation - }
Driver and Motor Vehicle Suspense Account before payment of the
general administrative expenses of the department related to
driver and motor vehicle services:
(a) Refunds authorized by any statute { + dealing with driver
and motor vehicle services + } administered by the department
when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state
{ - aeronautic - } { + aviation + } laws, amounts transferred
to the Boating Safety, Law Enforcement and Facility Account by
ORS 319.415 and amounts transferred to the State
{ - Aeronautic - } { + Aviation + } Account by ORS 319.417.
(c) After deduction of current expenses of collection and
transfer, the department shall pay moneys collected from the
Motor Vehicle Accident Fund eligibility fee under ORS 807.040,
807.150 and 807.370, to the State Treasurer for deposit to the
credit of the Motor Vehicle Accident Fund. The department shall
pay the moneys under this paragraph on a monthly basis.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the Department of Education for the
following purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(e) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(f) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the { + Highway + } Department and
shall be used for the payment of expenses heretofore and
hereafter incurred in administering programs established under
ORS 366.157.
(g) After deduction of expenses of collection, transfer and
administration, including the expenses of establishment and
operation of Class I and Class III all-terrain vehicle safety
education courses under ORS 821.180 and 821.182, the department
shall place moneys received from sources described in ORS 802.130
in the All-Terrain Vehicle Account in the State Highway Fund
established by ORS 802.130.
(h) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(i) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund.
(j) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Safety Education Fund eligibility fee under ORS 807.040,
807.150 and 807.370 to the State Treasurer for deposit in the
Safety Education Fund established under ORS 802.155.
(3) The department shall refund from the { - Department of
Transportation - } Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the { - Department of Transportation - } Driver
and Motor Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain $2,500 per year as the only
payment for the administrative expenses of collecting and
transferring of moneys for the Motor Vehicle Accident Fund as
allowed under this section.
(e) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of { - Transportation - } { + the
Highway Department + } certifies the amount of principal or
interest of highway bonds due on any particular date, the
Department { + of Revenue + } may make available for the payment
of such interest or principal any sums that may be necessary to
the extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(d) Moneys to be transferred to the All-Terrain Vehicle Account
under ORS 802.130 shall be transferred within 30 days after the
end of the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining money shall:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall only be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefore by any means other than the exercise of eminent
domain, and for the enforcement of ORS 811.590, 821.100 to
821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to
821.300.
(c) Moneys transferred under ORS 802.130 shall be used as
described in ORS 802.140. The amount available under ORS 802.140
(1) for the development and maintenance of snowmobile facilities
shall be used with moneys described in paragraph (b) of this
subsection that are available for that purpose.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The money in the account is continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
{ +
DMV AND TRANSPORTATION SAFETY + }
SECTION 86. { + (1) The duties, functions and powers of the
Department of Transportation regarding driver and motor vehicle
services and transportation safety are transferred to and vested
in the Department of Revenue.
(2) The Director of Transportation shall deliver to the
Director of the Department of Revenue all records and property
within the jurisdiction of the Director of Transportation that
relate to the duties, functions and powers transferred by this
section, and shall transfer those employees engaged primarily in
the exercise of the duties, functions and powers so transferred.
The Director of the Department of Revenue shall take possession
of such property, and shall take charge of such employees and
employ them in the exercise of their duties, functions and powers
transferred by this section, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law. Any dispute as to transfers of
property and employees under this section shall be resolved by
the Governor, and the Governor's decision is final. + }
SECTION 87. { + All unexpended moneys appropriated or
otherwise available to the Department of Transportation for the
purposes of any of its duties, functions or powers transferred by
section 86 of this 1999 Act are appropriated and transferred to
the Department of Revenue. + }
SECTION 88. { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the operative
date of section 86 of this 1999 Act by the Department of
Transportation with respect to the duties, functions or powers
transferred to the Department of Revenue by section 86 of this
1999 Act, and still pending on the operative date of section 86
of this 1999 Act, may be conducted and completed by the
Department of Revenue in the same manner, under the same terms
and conditions and with the same effect as though undertaken,
conducted or completed by the Department of Transportation before
the transfer. + }
SECTION 89. { + The transfer of duties, functions and powers
by section 86 of this 1999 Act does not relieve any person of any
obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
SECTION 90. { + The Department of Revenue is considered to be
a continuation of the Department of Transportation with respect
to duties, functions and powers transferred by section 86 of this
1999 Act, and not a new authority, for the purpose of succession
to all rights and obligations of the Department of Transportation
as constituted on the operative date of section 86 of this 1999
Act, with the same force and effect as if such duties, functions
and powers had not been transferred. + }
SECTION 91. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby regarding the duties, functions or
powers transferred by section 86 of this 1999 Act, reference is
made to the Department of Transportation or to an employee of the
Department of Transportation, such reference is considered to be
a reference to the Department of Revenue or an employee of the
Department of Revenue.
(2) The lawful rules of the Department of Transportation with
respect to duties, functions or powers transferred by section 86
of this 1999 Act continue in effect until superseded or rescinded
by rules lawfully adopted by the Department of Revenue. + }
SECTION 92. { + In any statute or law compiled in ORS chapters
801 to 822, except ORS 810.010 to 810.260, and in any law enacted
by the Seventieth Legislative Assembly that affects the duties,
functions or powers transferred by section 86 of this 1999 Act,
for the purposes of harmonizing and clarifying statute sections
published in Oregon Revised Statutes, the Legislative Counsel may
substitute for words designating the Department of Transportation
or the Oregon Transportation Commission, other words designating
the Department of Revenue, and for words designating the Director
of Transportation, other words designating the Director of the
Department of Revenue. + }
SECTION 93. ORS 25.750, as amended by section 37, chapter 704,
Oregon Laws 1997, is amended to read:
25.750. (1) On and after September 9, 1995, all licenses,
certificates, permits or registrations that a person is required
by state law to possess in order to engage in an occupation or
profession, all annual licenses issued to individuals by the
Oregon Liquor Control Commission and all driver licenses or
permits issued by the Department of { - Transportation - }
{ + Revenue + }are subject to suspension by the respective
issuing entities upon certification to the issuing entity by the
Support Enforcement Division of the Department of Justice or the
district attorney that a child support case record is being
maintained by the Department of Justice, that the case is being
enforced by the Support Enforcement Division or the district
attorney under the provisions of ORS 25.080 and that one or more,
as appropriate, of the following conditions apply:
(a) That the holder of the license, certificate, permit or
registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support, for a period of
three months or in an amount in excess of $2,500, whichever
occurs later; and either
(b) That the holder of the license, certificate, permit or
registration has not entered into a payment agreement with the
Support Enforcement Division or the district attorney with
respect to those arrears and the continuing child support
obligation; or
(c) That the holder of the license, certificate, permit or
registration is not in compliance with a payment agreement
entered into with the Support Enforcement Division or the
district attorney.
(2) The Department of Human Resources by rule shall specify the
conditions and terms of payment agreements, compliance with which
precludes the suspension of the license, certificate, permit or
registration.
SECTION 94. Section 14, chapter 746, Oregon Laws 1997, is
amended to read:
{ + Sec. 14. + } (1) All licenses, certificates, permits or
registrations that a person is required by state law to possess
in order to engage in an occupation or profession or to use a
particular occupational or professional title, all annual
licenses issued to individuals by the Oregon Liquor Control
Commission, all driver licenses or permits issued by the
Department of
{ - Transportation - } { + Revenue + } and all recreational
hunting and fishing licenses are subject to suspension by the
respective issuing entities upon certification to the issuing
entity by the Support Enforcement Division of the Department of
Justice or the district attorney that a child support case record
is being maintained by the Department of Human Resources, that
the case is being enforced by the Support Enforcement Division or
the district attorney under the provisions of ORS 25.080 and that
one or both of the following conditions apply:
(a) That the party holding the license, certificate, permit or
registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support in an amount equal
to three months of support or $2,500, whichever occurs later,
and:
(A) Has not entered into a payment agreement with the Support
Enforcement Division or the district attorney with respect to
those arrears and the continuing child support obligation; or
(B) Is not in compliance with a payment agreement entered into
with the Support Enforcement Division or the district attorney;
or
(b) That the party holding the license, certificate, permit or
registration has failed, after receiving appropriate notice, to
comply with a subpoena or other procedural order relating to a
paternity or child support proceeding and:
(A) Has not entered into an agreement with the Support
Enforcement Division or the district attorney with respect to
compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Human Resources by rule shall specify the
conditions and terms of payment agreement or other agreements,
compliance with which precludes the suspension of the license,
certificate, permit or registration.
SECTION 95. { + Nothing in the amendments to ORS 25.750 or
section 14, chapter 746, Oregon Laws 1997, by section 93 or 94 of
this 1999 Act affects the operative-in-lieu or repealing
provisions of section 1, chapter 746, Oregon Laws 1997. + }
SECTION 96. ORS 25.756, as amended by section 38, chapter 704,
Oregon Laws 1997, is amended to read:
25.756. The Department of Justice shall enter into agreements
regarding the identification of persons who hold licenses,
certificates, permits or registrations and who are subject to the
provisions of ORS 25.750 to 25.783 with:
(1) The Oregon Liquor Control Commission;
(2) All entities that issue licenses, certificates, permits or
registrations that a person is required by state law to possess
to engage in an occupation or profession; and
(3) The Department of { - Transportation - } { +
Revenue + }.
SECTION 97. Section 15, chapter 746, Oregon Laws 1997, is
amended to read:
{ + Sec. 15. + } The Department of Human Resources shall
enter into agreements regarding the identification of persons who
hold licenses, certificates, permits or registrations and who are
subject to the provisions of ORS 25.752 to 25.783 and sections 14
to 20 { + , chapter 746, Oregon Laws 1997, + } { - of this
Act - } with:
(1) The Oregon Liquor Control Commission;
(2) All entities that issue licenses, certificates, permits or
registrations that a person is required by state law to possess
to engage in an occupation, profession or recreational hunting or
fishing or to use a particular occupational or professional
title; and
(3) The Department of { - Transportation - } { +
Revenue + }.
SECTION 98. { + Nothing in the amendments to ORS 25.756 or
section 15, chapter 746, Oregon Laws 1997, by section 96 or 97 of
this 1999 Act affects the operative-in-lieu or repealing
provisions of section 1, chapter 746, Oregon Laws 1997. + }
SECTION 99. ORS 25.780 is amended to read:
25.780. In addition to any other grounds for suspension
provided by law, on and after September 9, 1995:
(1) The Oregon Liquor Control Commission and any entity that
issues licenses, certificates, permits or registrations that a
person is required by state law to possess to engage in an
occupation or profession shall suspend without further hearing
the licenses, certificates, permits or registrations if the
holder of the license, certificate, permit or registration has
failed to comply with a judgment or order to pay monthly child
support pursuant to the provisions of ORS 25.750 to 25.777 and
the entity has been notified of the holder's noncompliance by the
Administrator of the Support Enforcement Division or the district
attorney.
(2) The Department of { - Transportation - }
{ + Revenue + } shall suspend without further hearing the driver
license or driver permit of a person if the person has failed to
comply with a judgment or order to pay monthly child support
pursuant to the provisions of ORS 25.750 to 25.777 and the
department has been notified of the noncompliance by the
Administrator of the Support Enforcement Division or the district
attorney.
SECTION 100. Section 20, chapter 746, Oregon Laws 1997, is
amended to read:
{ + Sec. 20. + } In addition to any other grounds for
suspension provided by law:
(1) The Oregon Liquor Control Commission and any entity that
issues licenses, certificates, permits or registrations that a
person is required by state law to possess to engage in an
occupation, profession or recreational hunting or fishing or to
use a particular occupational or professional title shall suspend
without further hearing the licenses, certificates, permits or
registrations of a person upon certification by the Administrator
of the Support Enforcement Division or the district attorney that
the person is subject to an order suspending the license,
certificate, permit or registration. The certification must
include the information specified in section 14 (1) { + , chapter
746, Oregon Laws 1997 + } { - of this Act - } .
(2) The Department of { - Transportation - }
{ + Revenue + } shall suspend without further hearing the driver
license or driver permit of a person upon certification by the
Administrator of the Support Enforcement Division or the district
attorney that the person is subject to an order suspending the
license or permit. The certification must include the information
specified in section 14 (1) { + , chapter 746, Oregon Laws
1997 + } { - of this Act - } .
SECTION 101. { + Nothing in the amendments to ORS 25.780 or
section 20, chapter 746, Oregon Laws 1997, by section 99 or 100
of this 1999 Act affects the operative-in-lieu or repealing
provisions of section 1, chapter 746, Oregon Laws 1997. + }
SECTION 102. ORS 54.060 is amended to read:
54.060. The justice of the peace in each district shall, in
January of each year, or in case of an omission or neglect so to
do then as soon as possible thereafter, make a jury list for the
district. A preliminary jury list shall be made by selecting
names of inhabitants of the district by lot from the latest jury
list sources. The jury list sources are the elector registration
list for the district, copies of the Department of
{ - Transportation - } { + Revenue + }records for the county
referred to in ORS 802.260 (2) furnished to the justice at county
expense by the clerk of court, as defined in ORS 10.010, for the
county and any other source that the justice determines will
furnish a fair cross section of the inhabitants of the district.
From the preliminary jury list the names of those persons known
not to be qualified by law to serve as jurors shall be deleted.
The remaining names shall constitute the jury list. The
preliminary jury list and jury list may be made by means of
electronic equipment.
SECTION 103. ORS 86.470 is amended to read:
86.470. The recording officer of counties having less than
50,000 population on the last day of each calendar month, and the
recording officer of counties having more than 50,000 population
on the last day of each calendar week, shall notify the
Department of { - Transportation - } { + Revenue + }, upon
forms to be provided by the department, of the partial or full
satisfaction, assignment or foreclosure during such period of all
mortgages theretofore certified to the department prior to
September 1, 1963, as formerly provided in ORS 86.390. The notice
shall completely identify the mortgage so satisfied, assigned or
foreclosed; and the department thereupon shall note on each index
margin such satisfaction, assignment or foreclosure.
SECTION 104. ORS 97.952 is amended to read:
97.952. (1) A capable individual who is at least 18 years of
age may be the donor of an anatomical gift.
(2) An anatomical gift may be made by a document of anatomical
gift signed by the donor. If the donor cannot sign, the document
of anatomical gift must be signed by another individual and two
witnesses, all of whom have signed at the direction and in
presence of the donor and of each other and state that it has
been so signed.
(3) An anatomical gift may be made by a designation to be
provided on the driver license and identification card of an
individual who is at least 18 years of age. The holder of a
driver license or identification card desiring to be designated
as a donor on the license or card must furnish a statement at the
time of application for granting or renewing the license or card
in the manner provided by the Department of
{ - Transportation - } { + Revenue + }. Signature of the
license or card shall validate it as a document of anatomical
gift. Revocation, cancellation or suspension of a driver license
shall not invalidate the anatomical gift. Cancellation of a card
or lapse of a license revokes the anatomical gift indorsement,
which must be reinstated upon the reinstatement of the license or
card. The form prepared by the department { - of
Transportation - } and incorporated in its application shall be
in all respects a valid document of anatomical gift.
(4) An anatomical gift by will takes effect upon death of the
testator, whether the will is probated or not probated. If, after
death, the will is declared invalid for testamentary purposes,
the validity of the anatomical gift is unaffected.
(5) A donor may amend or revoke an anatomical gift not made by
will only by:
(a) A signed statement;
(b) An oral statement made in the presence of two individuals;
(c) Any form of communication during a terminal illness or
injury addressed to a physician or surgeon;
(d) In the case of an anatomical gift made by driver license or
identification card application, lapse of the license or lapse or
cancellation of the card or by a statement made and delivered in
the manner specified by the department { - of
Transportation - } ; or
(e) Destruction, cancellation or mutilation of the document of
anatomical gift in the case of an anatomical gift not made by
driver license or identification card.
(6) The donor of an anatomical gift made by will may amend or
revoke the gift in the manner provided for amendment or
revocation of wills, or as provided in subsection (5) of this
section.
(7) An anatomical gift that is not revoked by the donor before
death is irrevocable and:
(a) Does not require the consent or concurrence of any person
after the death of the donor.
(b) Shall not be subject to cancellation or substantial
revision by persons described in ORS 97.954 (1).
(8) In the absence of contrary indications by the donor, an
anatomical gift of a part is not a refusal to give other parts or
a limitation on an anatomical gift under ORS 97.954 or on a
removal or release of other parts under ORS 97.956.
(9) In the absence of contrary indications by the donor, a
revocation or amendment of an anatomical gift is not a refusal to
make an anatomical gift of a different part.
(10) If an individual has amended or revoked an anatomical gift
made by driver license or identification card, the department
{ - of Transportation - } shall issue a replacement license
upon payment by the individual of the department's fee for
reissuance of the license or card.
(11) Notwithstanding any other requirement of this section, a
license, card or document purporting to evidence the creation of
a valid anatomical gift under the laws of another state shall be
valid in this state absent evidence of revocation.
(12) Any anatomical gift validly made under ORS 97.275 (1993
Edition) prior to September 9, 1995, and not revoked shall
continue in effect for its original period of validity.
(13) An individual described in subsection (1) of this section
or any person authorized in ORS 97.954 (1) to make an anatomical
gift of all or any part of a decedent's body may delegate such
authority to any person 18 years of age or older. Such
delegation shall be in writing and signed by the person
delegating the authority. The person to whom the authority is
delegated shall have the same priority under ORS 97.954 (1) as
the person delegating the authority.
(14) If the individual described in subsection (1) of this
section issues more than one authorization or donation of
anatomical gift for all or any part of the individual's body,
only the most recent authorization or donation shall be binding.
SECTION 105. ORS 114.545 is amended to read:
114.545. (1) The affiant:
(a) Shall take control of the property of the estate coming
into the possession of the affiant.
(b) Within 30 days after filing the affidavit shall mail,
deliver or cause to be recorded each instrument which the
affidavit states will be mailed, delivered or recorded.
(c) From and to the extent of the property of the estate, shall
pay or reimburse any person who has paid:
(A) Expenses described in ORS 115.125 (1)(b) and (c) and listed
in the affidavit;
(B) Claims listed in the affidavit as undisputed;
(C) Allowed claims presented to the affiant within the time
permitted by ORS 114.540; and
(D) Claims which the probate court directs the affiant to pay.
(d) Shall pay claims and expenses under paragraph (c) of this
subsection in the order of priority prescribed by ORS 115.125.
(e) May transfer or sell any vehicle that is part of the estate
before the completion of the period established under ORS 114.555
if the affiant complies with the requirements established by the
Department of { - Transportation - } { + Revenue + } for such
purposes under ORS 803.094.
(f) May convey any real or personal property that is part of
the estate before the completion of the period established under
ORS 114.555, provided that each heir or devisee succeeding to the
interest conveyed joins in the conveyance and that any proceeds
of sale, net of the reasonable expenses of sale and any debt
secured as of the date of the decedent's death by a duly
perfected lien on the property, shall become a part of the estate
subject to ORS 114.505 to 114.560. Any conveyance to a purchaser
in good faith and for a valuable consideration made by the
affiant and the heir or devisee succeeding to the interest
conveyed, or made by the heir or devisee succeeding to the
interest conveyed after completion of the period established
under ORS 114.555, conveys the interest stated in the conveyance
free of any interest of the claiming successors, and the
purchaser has no duty with respect to application of the
consideration paid for the conveyance.
(2) Any claiming successor to whom payment, delivery or
transfer is made under ORS 114.505 to 114.560 as a person
entitled thereto as disclosed in the affidavit is personally
answerable and accountable:
(a) To the extent of the value of the property received, to
creditors of the estate to the extent such creditors are entitled
to payment under subsection (1) of this section; and
(b) To any personal representative of the estate of the
decedent thereafter appointed.
(3) The affiant shall cause to be recorded in the deed records
of any county in which real property belonging to the decedent is
situated an affiant or claiming successor's deed executed in the
manner required by ORS chapter 93.
SECTION 106. ORS 133.475 is amended to read:
133.475. If no one claims the vehicle or other conveyance, as
provided in ORS 133.470, the taking of the same with description
thereof shall be advertised in some daily newspaper published in
the city or county where taken or, if there is no daily newspaper
published in such county or city, in a newspaper having weekly
circulation in the city or county once a week for two weeks and
by notice posted in three public places near the place of
seizure. The legal owner, in the case of a motor vehicle, if
licensed by the State of Oregon, as shown by the name and address
of the legal owner in the records of the Department of
{ - Transportation - } { + Revenue + }, shall be notified by
mail. If no claimant appears within 10 days after the last
publication of the advertisement, the property shall be sold and
the proceeds, after deducting the expenses and costs, shall be
paid into the general fund of the county.
SECTION 107. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of
{ - Transportation - } { + Revenue + } a report for the
preceding calendar month of all information obtained under ORS
146.113.
(5) Any parent, spouse, child or personal representative of the
deceased, or any person who may be criminally or civilly liable
for the death, or their authorized representatives respectively,
may examine and obtain copies of any medical examiner's report,
autopsy report or laboratory test report ordered by a medical
examiner under ORS 146.117. The system designated to protect and
advocate the rights of individuals with developmental
disabilities under part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and
the rights of individuals with mental illness under the
Protection and Advocacy for Individuals with Mental Illness Act
(42 U.S.C. 10801 et seq.) shall have access to reports described
in this subsection pursuant to ORS 192.517.
SECTION 108. ORS 153.625 is amended to read:
153.625. (1) The judge or clerk of every court of this state
having jurisdiction of any traffic offense, as defined for the
Oregon Vehicle Code, including all local and municipal judicial
officers in this state:
(a) Shall keep a full record of every case in which a person is
charged with any such offense.
(b) Shall send the Department of { - Transportation - }
{ + Revenue + }an abstract of conviction or bail forfeiture for
any person who is convicted or whose bail is forfeited.
(c) Shall send the department a copy of any final judgment of
conviction of any person { - which - } { + that + } results
in mandatory suspension or revocation of driving privileges or
commercial driver license under ORS 809.410, 813.400 or 813.403.
(d) Shall send the department a copy of any final judgment
finding a person charged with a traffic offense guilty except for
insanity and committed to the jurisdiction of the Psychiatric
Security Review Board.
(2) The department shall keep such records in its office, and
they shall be open to the inspection of any person during
reasonable business hours.
(3) To comply with this section, a judge or clerk must comply
with the following:
(a) Any information required by this section to be sent to the
department must be sent within the time provided under ORS
810.370 and must include information required by ORS 810.370.
(b) Information shall not be sent to the department under this
section concerning convictions excluded from ORS 810.370.
SECTION 109. ORS 153.820 is amended to read:
153.820. (1) A court may use the procedure provided in this
section only in a county with a population of more than 500,000.
(2) The court may proceed to make a determination without a
hearing on a citation for a parking violation if:
(a) None of the registered owners of the vehicle appears within
the time allowed at the court specified in the citation;
(b) Notice of the citation and the provisions of this section
are mailed to the registered owner or owners of the vehicle at
the address or addresses reflected in the records of the
Department of
{ - Transportation - } { + Revenue + }; and
(c) No request for hearing or other appearance is filed with
the court within 60 days after the mailing date of the notice
required by paragraph (b) of this subsection.
(3) The court may proceed to make a determination without a
hearing on a citation for a parking violation if at least one of
the registered owners of the vehicle appears within the time
allowed at the court specified in the citation and requests a
hearing, but thereafter fails to appear at the time, date and
court set for any subsequent hearing in the matter. If a
determination is made under the provisions of this subsection,
the court shall mail notice of any sentence and judgment to the
registered owner or owners of the vehicle at the address or
addresses reflected in the records of the department { - of
Transportation - } .
(4) A determination under this section shall be on the citation
and on any evidence that the court may, in its discretion,
determine to be appropriate.
(5) Upon making a determination under this section, the court
may enter judgment and, if the determination is one of
conviction, may impose a sentence of a fine within the limits
established for the parking violation along with a money judgment
for costs, assessments and other amounts authorized by law.
(6) A sentence to pay a fine under this section does not
prevent:
(a) Taking any other action against the person as permitted by
law for the person's failure to comply, including, but not
limited to, sentencing the person further as permitted by law
after the person is brought to hearing.
(b) Following any procedures established by law when the person
fails to appear.
(7) On motion and upon such terms as are just, the court may
relieve a person from a judgment entered under this section upon
a showing that the failure of the person to appear was due to
mistake, inadvertence, surprise or excusable neglect. The motion
must be made within a reasonable time, and in no event more than
one year after entry of judgment in the matter.
(8) No judgment may be entered under this section unless the
citation issued to the person contains a statement notifying the
person that a money judgment may be entered against the person up
to the maximum amount of fines, assessments and other costs
allowed by law for the parking violation if the person fails to
appear at the time, date and court specified in the citation or
fails to appear at subsequently scheduled hearings in the matter.
(9) Notwithstanding any other provision of law, a judgment
entered under this section does not become a lien on real
property of the judgment debtor and cannot be made a lien on real
property by docketing of the judgment or by any other means.
SECTION 110. ORS 165.805 is amended to read:
165.805. (1) A person commits the crime of misrepresentation of
age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the true age of
the person with the intent of securing a right, benefit or
privilege which by law is denied to persons under that certain,
specified age; or
(b) Being unmarried, the person knowingly represents that the
person is married with the intent of securing a right, benefit or
privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
(3) In addition to and not in lieu of any other penalty
established by law, a person who, using a driver permit or
license or other identification issued by the Department of
{ - Transportation - } { + Revenue + } of this state or its
equivalent in another state, commits the crime of
misrepresentation of age by a minor in order to purchase or
consume alcoholic liquor may be required to perform community
service and the court shall order that the person's driving
privileges and right to apply for driving privileges be suspended
for a period not to exceed one year. If a court has issued an
order denying driving privileges under this section, the court,
upon petition of the person, may withdraw the order at any time
the court deems appropriate. The court notification to the
department under this subsection may include a recommendation
that the person be granted a hardship permit under ORS 807.240 if
the person is otherwise eligible for the permit.
SECTION 111. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the Immigration and Naturalization Service the
intent to acquire citizenship status and can present proof of the
written declaration to the sheriff at the time of application for
the license;
(b) Is at least 21 years of age;
(c) Has a principal residence in the county in which the
application is made;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Mental Health and
Developmental Disability Services Division under ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness; and
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (k) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1)(a) to (k) of this section. The application may
include the social security number of the applicant if the
applicant voluntarily provides this number. The application must
be signed by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout the state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the Immigration and
Naturalization Service my intention to become a citizen and can
present proof of the written declaration to the sheriff at the
time of this application. I am at least 21 years of age. I have
been discharged from the jurisdiction of the juvenile court for
more than four years if, while a minor, I was found to be within
the jurisdiction of the juvenile court for having committed an
act that, if committed by an adult, would constitute a felony or
a misdemeanor involving violence, as defined in ORS 166.470. I
have never been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony in the State of Oregon or
elsewhere. I have not, within the last four years, been convicted
of a misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor. There are no outstanding warrants for
my arrest and I am not free on any form of pretrial release. I
have not been committed to the Mental Health and Developmental
Disability Services Division under ORS 426.130, nor have I been
found mentally ill and presently subject to an order prohibiting
me from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I understand I will be
fingerprinted and photographed.
Age ____ Date of birth _____
Place of birth ________
Social Security Number _______
(Disclosure of your social security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
Type of identification and number on identification to be filled
in by sheriff):
1.________
2.________
Height ___ Weight ___
Current address _____
(List residence addresses for
the past three years on back)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff) Date ___ Fee Paid ___
License No. ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of { - Transportation - } { + Revenue + }to produce the
concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
SECTION 112. ORS 181.715 is amended to read:
181.715. (1) The Department of State Police shall establish a
Criminal Justice Information Standards program that coordinates
information among state criminal justice agencies. The program
shall:
(a) Ensure that in developing new information systems, data can
be retrieved to support evaluation of criminal justice planning
and programs, including, but not limited to, the ability of the
programs to reduce future criminal conduct;
(b) Ensure that maximum effort is made for the safety of public
safety officers;
(c) Establish methods and standards for data interchange and
information access between criminal justice information systems,
in compliance with the technology standards and policies of the
Oregon Department of Administrative Services;
(d) Design and implement improved applications for exchange of
agency information; and
(e) Implement the capability to exchange images between
criminal justice agencies.
(2) As used in this section and ORS 181.720, 'criminal justice
agencies' includes, but is not limited to:
(a) The Judicial Department;
(b) The Department of Corrections;
(c) The Department of State Police;
(d) The Department of { - Transportation - } { +
Revenue + };
(e) The State Board of Parole and Post-Prison Supervision;
(f) The Department of Public Safety Standards and Training;
(g) The State Department of Fish and Wildlife;
(h) The Oregon Liquor Control Commission;
(i) The Oregon Youth Authority; and
(j) The State Commission on Children and Families.
SECTION 113. ORS 181.725 is amended to read:
181.725. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of
State Police in the department's duties under ORS 181.715. The
board consists of the following members:
(a) The State Court Administrator or the administrator's
designee;
(b) The Director of the Department of Corrections or the
director's designee;
(c) The Superintendent of State Police or the superintendent's
designee;
(d) The executive director of the Oregon Criminal Justice
Commission or the executive director's designee;
(e) The Director of { - Transportation - } { + the
Department of Revenue + } or the director's { + + }designee;
(f) The chairperson of the State Board of Parole and
Post-Prison Supervision or the chairperson's designee;
(g) The Director of the Department of Public Safety Standards
and Training or the director's designee;
(h) A chief of police designated by the Oregon Association of
Chiefs of Police;
(i) A sheriff designated by the Oregon Sheriffs' Association;
(j) A jail manager designated by the Oregon Jail Managers'
Association;
(k) The administrator of the information resource management
division of the Oregon Department of Administrative Services or
the administrator's designee;
(L) The Director of the Oregon Youth Authority or the
director's designee;
(m) The State Fish and Wildlife Director or the director's
designee;
(n) The administrator of the Oregon Liquor Control Commission
or the administrator's designee; and
(o) The staff director of the State Commission on Children and
Families or the staff director's designee.
(2) The board shall meet at such times and places as the board
deems necessary.
(3) The members of the board are not entitled to compensation
but are entitled to expenses as provided in ORS 292.495.
SECTION 114. ORS 221.275 is amended to read:
221.275. As used in ORS 221.275 to 221.290:
(1) 'Owner' or 'owner of a vehicle' means the person listed as
the owner of a vehicle in the records of the Department of
{ - Transportation - } { + Revenue + }.
(2) 'Rental or leasing company' means any person engaged in the
business of renting or leasing motor vehicles to the public.
SECTION 115. ORS 247.012 is amended to read:
247.012. (1) A qualified person may register to vote or update
a registration to vote by:
(a) Delivering by mail or otherwise a completed registration
card to any county clerk, the Secretary of State, any office of
the Department of { - Transportation - } { + Revenue + }or
any designated voter registration agency as described in ORS
247.208;
(b) Personally delivering the card to an official designated by
a county clerk under subsection (8) of this section; or
(c) Completing the voter registration portion of the
application for issuance or renewal of a driver license, issuance
of a state identification card under ORS 807.400 or a change of
address at an office of the Department of
{ - Transportation - } { + Revenue + } under ORS 247.017.
(2) If a registration card is mailed or delivered to:
(a) Any person other than a county clerk or the Secretary of
State, the person shall forward the card to a county clerk or the
Secretary of State not later than the fifth day after receiving
the card; or
(b) The Secretary of State or a county clerk for a county other
than the county in which the person applying for registration
resides, the Secretary of State or county clerk shall forward the
card to the county clerk for the county in which the person
resides not later than the fifth day after receiving the card.
(3) Registration of a qualified person occurs:
(a) When a legible, accurate and complete registration card is
received in the office of any county clerk, the Office of the
Secretary of State, an office of the Department of
{ - Transportation - } { + Revenue + }, a designated voter
registration agency under ORS 247.208 or at a location designated
by a county clerk under subsection (8) of this section;
(b) On the date a registration card is postmarked if the card
is received after the 21st day immediately preceding an election
but is postmarked not later than the 21st day immediately
preceding the election; or
(c) In the case of a registration card containing an
unintentional scrivener's error that is corrected as described in
subsection (6) of this section, on the date that registration
would have occurred if the registration card had not contained
the scrivener's error.
(4) If a registration card is legible, accurate and contains,
at a minimum, the registrant's name, residence address and
signature, the county clerk shall register the person. If this
information is missing from the registration card, the county
clerk shall attempt to contact the person to obtain the missing
information.
(5) If a registration card meets the requirements of subsection
(4) of this section but is missing an indication of political
party affiliation, the registrant shall be considered not
affiliated with any political party. This subsection does not
apply if an elector is updating a registration within the same
county.
(6) If a registration card contains an unintentional
scrivener's error, the county clerk may attempt to contact the
person to correct the error.
(7) If a registration card is missing the date of birth of the
registrant, the county clerk may attempt to contact the person to
obtain the missing information.
(8) A county clerk may appoint officials to accept registration
of persons at designated locations. The appointments and
locations shall be in writing and filed in the office of the
county clerk. The county clerk shall be responsible for the
performance of duties by those appointed.
(9) A registration card received and accepted under this
section shall be considered an active registration.
(10) Subject to ORS 247.306, a registration may be updated at
any time.
SECTION 116. ORS 247.014 is amended to read:
247.014. In implementing ORS 247.012, 247.017 and 247.171, the
Department of { - Transportation - } { + Revenue + }shall
take steps reasonably necessary to allow transfer of voter
registration information by electronic or magnetic medium.
SECTION 117. ORS 247.017 is amended to read:
247.017. (1) A voter registration card shall be available to
any person at any office of the Department of
{ - Transportation - } { + Revenue + } where { + driver + }
licenses or renewal applications are distributed or received.
(2) When a person who is at least 18 years of age applies for
issuance or renewal of an Oregon driver license, as defined in
ORS 801.245, or issuance of a state identification card under ORS
807.400 or submits a change of address application form at a
department office where driver license issuance or renewal
applications, state identification card applications or change of
address applications are distributed or received, the person
shall be informed that the person may register to vote at the
department office. The applicant shall be asked whether the
applicant is registered to vote at the applicant's current
address and if not, whether the applicant would like to register
to vote at the department office.
(3) Each office shall deliver in a timely manner the completed
voter registration cards to the county clerk or elections officer
of the county in which the office is located. The county clerk
or elections officer of the county where the office is located
shall forward the registration card to the county clerk or
elections officer of the county in which the applicant resides.
The county clerk or elections officer may reject any registration
card in accordance with ORS 247.174. The Secretary of State shall
determine by rule the time and manner the completed registration
cards are to be delivered to the appropriate county clerk or
elections officer.
(4) The department shall develop a driver license issuance or
renewal and voter registration application procedure and a state
identification card issuance and voter registration application
procedure and a change of address and voter registration
application procedure that allows an applicant for a license,
renewal, state identification card or change of address to
register to vote by providing the information required by ORS
247.171 and the information required for the issuance or renewal
of a license or for issuance of a state identification card. The
Secretary of State shall approve the voter registration portion
of each application procedure and change of address procedure.
(5) The voter registration portion of an application described
in subsection (4) of this section shall comply with provisions of
the National Voter Registration Act of 1993 (P.L. 103-31).
(6) The Secretary of State shall adopt rules establishing
procedures for meeting the requirements of subsection (3) of this
section.
(7) Information relating to the failure of an applicant under
this section to sign the voter registration portion of an
application for issuance or renewal of a driver license, issuance
of a state identification card or for a change of address shall
not be used for other than voter registration purposes.
SECTION 118. ORS 247.171 is amended to read:
247.171. (1) Except as provided in this subsection, the
Secretary of State shall design, prepare and distribute state
voter registration cards. The Secretary of State shall also
distribute federal registration cards. Any person may apply in
writing to the Secretary of State for permission to print, copy
or otherwise prepare and distribute the registration cards
designed by the Secretary of State. The secretary may revoke any
permission granted under this subsection at any time. All
registration cards shall be distributed to the public without
charge.
(2) The Secretary of State shall approve any voter registration
application form developed for use by the Department of
{ - Transportation - } { + Revenue + }under ORS 247.017 or by
any other agency designated a voter registration agency under ORS
247.208.
(3) Each voter registration card designed or approved by the
Secretary of State shall describe the penalties for knowingly
supplying false information on the registration card and shall
contain space for a person to provide the following information:
(a) Full name;
(b) Residence address, mailing address or any other information
necessary to locate the residence of the person offering to
register to vote;
(c) The name of the political party with which the person is
affiliated, if any;
(d) Date of birth;
(e) An indication that the person is a citizen of the United
States; and
(f) A signature attesting to the fact that the person is
qualified to be an elector.
(4) Any form containing a voter registration card may also
include space for a person to provide:
(a) A telephone number where the person may be contacted; and
(b) If previously registered to vote in this state, the name
then supplied by the person and the county and, if known, the
address of previous registration.
(5) A person shall not supply any information under subsection
(3) or (4) of this section knowing it to be false.
(6) A county clerk or other person accepting registration cards
shall not request any information unless it is authorized by
state or federal law.
(7) A person shall attest to the information supplied on the
voter registration card by signing the completed registration
card.
(8) Any completed and signed registration card described in
subsection (3) of this section shall be the official registration
card of the elector.
SECTION 119. ORS 247.178 is amended to read:
247.178. Any person may distribute a registration card in any
reasonable manner that facilitates elector registration,
including but not limited to distribution of the card door to
door. The card shall be available at any field office of the
Department of
{ - Transportation - } { + Revenue + } where applications for
driver licenses or vehicle registrations are accepted and at any
office of an agency designated a voter registration agency under
ORS 247.208.
SECTION 120. 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
defined 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.
(2) Based upon its findings, the department shall adopt rules
for parking of motor vehicles or other transportation uses of
such grounds and facilities for which it is responsible under
subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the
facilities. In adopting the rules, the department shall consider
the state policy stated in ORS 276.591.
(3) The department may lease portions of the facilities and
grounds described in subsection (1) of this section for the
parking of motor vehicles and 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) 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 - } { +
Revenue + } 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) Receipts obtained under this section shall be retained by
the Oregon Department of Administrative Services, except that the
net receipts from any parking facilities which 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.
SECTION 121. ORS 276.595 is amended to read:
276.595. (1) Each state agency, other than the Oregon
Department of Administrative Services, shall manage and determine
under what conditions the grounds and parking structures owned,
directly leased or being acquired through lease purchase or
installment purchase by it, which are outside the capitol area in
the City of Salem, may be used by owners and operators of motor
vehicles and for other transportation purposes.
(2) Based upon its findings, the state agency shall adopt rules
for parking of motor vehicles or other transportation uses of
such grounds and facilities for which it is responsible under
subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the
facilities. In adopting the rules, the state agency shall
consider the state policy stated in ORS 276.591.
(3) The state agency may lease portions of the facilities and
grounds described in subsection (1) of this section for the
parking of motor vehicles and other transportation uses as it
determines is appropriate. However, in such leasing, priority
shall first be given to the needs of state officers and
employees. The agency shall designate certain spaces, either
free or metered, for use by persons transacting business in state
offices. The state agency may also provide free parking for
disabled employees who have been issued a disabled person parking
permit by the Department of { - Transportation - } { +
Revenue + } 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.
SECTION 122. ORS 308.865 is amended to read:
308.865. (1) A person shall not move a manufactured structure
to a new situs within the same county or outside the county until
the person has:
(a) Given notice of the move to the county assessor, county tax
collector and the Department of { - Transportation - } { +
Revenue + }; and
(b) Paid all property taxes and special assessments for the
current tax year and all outstanding delinquent property taxes
and special assessments for all past tax years.
(2) Notwithstanding subsection (1) of this section, a person
may move a manufactured structure without paying all outstanding
delinquent property taxes and special assessments if the move is
pursuant to ORS 90.425 or 90.675.
(3) The department { - of Transportation - } shall not issue
a trip permit under ORS 820.560, until the owner furnishes a
statement from the county assessor and tax collector that all
taxes have been paid as required by subsection (1) of this
section. The department { - of Transportation - } shall accept
a receipt issued under ORS 308.866 (2), (3) and (4) as sufficient
statement of payment of taxes from a person who applies for a
trip permit to move a mobile modular unit.
(4) In computing taxes that will become due for purposes of an
application for a trip permit under ORS 820.560, the following
apply:
(a) If the assessor can compute the exact amount of taxes,
special assessments, fees and charges, the assessor is authorized
to levy and the tax collector is authorized to collect such
amount.
(b) If the assessor is unable to compute such amount at such
time, the owner shall either pay an amount computed using the
value then on the assessment roll for such manufactured structure
or that value which next would be used on an assessment roll and
the assessor's best estimate of taxes, special assessments, fees
and other charges.
(c) ORS 311.370 shall apply to all taxes collected under this
subsection.
(5) The assessor of the county of the old situs may charge the
owner of a manufactured structure a fee of no more than $10 for
preparing the statement required by subsection (3) of this
section.
(6) As used in this section and ORS 305.288 and ORS chapters
306, 308, 310 and 311, 'manufactured structure' has the meaning
given in ORS 801.333.
SECTION 123. ORS 308.866 is amended to read:
308.866. (1) As used in ORS 308.865, 820.560 and this section,
'mobile modular unit' means a prefabricated structure that is
more than eight and one-half feet wide, is used for commercial or
business purposes and is capable of being moved on the highway.
(2) The owner as of January 1 of each year of a mobile modular
unit that is taxed as personal property shall submit no later
than the following March 1 a statement of the value of the unit
and of its location. The statement shall be submitted to the
county assessor of the county in which the unit is located on
January 1 of the year for which the statement is submitted. An
owner who fails to provide the statement shall be subject to the
late filing penalty as provided in ORS 308.295. The Department of
Revenue shall prescribe the form of statement.
(3) When taxes on a mobile modular unit have been paid in
accordance with the provisions of ORS 308.865, the tax collector
shall issue the owner of the unit a receipt indicating that the
taxes have been paid. The receipt shall be proof that property
taxes in that county have been paid for the tax year and shall be
accepted by the department { - of Transportation - } when the
owner of the unit applies for a trip permit under ORS 820.560.
(4) Notwithstanding any other provision of law, the county tax
collector shall accept a cashier's check or money order in
payment of taxes on a mobile modular unit.
SECTION 124. ORS 308.880 is amended to read:
308.880. (1) The owner of any travel trailer described in ORS
801.565 which is being used either as a permanent home or for
other than recreational purposes may apply to the assessor in the
county in which it has situs to have the travel trailer assessed
for ad valorem taxation. If the assessor determines that the
travel trailer is being used either as a permanent home or for
other than recreational uses, the assessor shall place the travel
trailer on the assessment and tax rolls the same as if it were a
manufactured structure. The assessor shall accept the travel
trailer plate for the vehicle and return the plate to the
Department of { - Transportation - } { + Revenue + }, and
shall assist in obtaining a permanent registration plate for the
travel trailer under ORS 820.500. Any travel trailer placed on
the assessment and tax rolls under this section shall be
considered as a manufactured structure for all purposes.
(2) The owner of any special use trailer described in ORS
801.500 that is eight and one-half feet or less in width may
apply to the assessor of the county in which it has situs to have
the special use trailer assessed for ad valorem taxation. If the
assessor determines that the special use trailer is eight and
one-half feet or less in width and is permanently situated in one
place, the assessor shall place the special use trailer on the
assessment and tax rolls in the same way as if it were a
manufactured structure. The assessor shall accept any special use
trailer plate for the vehicle and return the plate to the
department { - of Transportation - } , and shall assist in
obtaining a permanent registration plate for the special use
trailer under ORS 820.500. Any special use trailer placed on the
assessment and tax rolls under this section shall be considered
as a manufactured structure for all purposes.
SECTION 125. ORS 311.512 is amended to read:
311.512. Subject to ORS 820.510:
(1) Taxes on manufactured structures assessed as real property
shall become due, become delinquent, and shall be collected at
the same time and in the same manner as taxes on other real
property; provided, however, that such taxes shall also be a debt
due and owing from the owner of the manufactured structure, and,
in the discretion of the county, shall be subject to the
provisions of law for the collection of personal property taxes.
Taxes on manufactured structures assessed as personal property
shall be subject to all the provisions of law relating to the
assessment, taxation and collection of personal property taxes.
(2) The seizure and sale of a manufactured structure for tax
delinquency shall be conducted and carried out in the same manner
as provided by law for the seizure and sale of other personal
property for the collection of taxes due thereon, except as
follows:
(a) If the records of the Department of
{ - Transportation - } { + Revenue + } indicate that the
person to whom the seized manufactured structure is assessed is
not the security interest holder, the tax collector, before
selling the manufactured structure, shall give notice of the sale
to any security interest holder or lessor by registered or
certified mail, addressed to the security interest holder or
lessor at the last-known address of the holder or lessor as shown
by the records of the department { - of Transportation - } ,
mailed not later than the 10th day before the sale.
(b) At any time before the sale, the person assessed, security
interest holder or lessor of the manufactured structure to be
sold may pay the tax collector the full amount of the delinquent
taxes, plus any penalties and interest thereon, and costs
incurred by the tax collector in seizing the manufactured
structure and arranging its sale. If this is done, the sale shall
not be held and the tax collector shall return the manufactured
structure to the person entitled to its possession.
(c) If the amount realized on the sale is in excess of the
amount of taxes, interest, penalties and costs due on the
manufactured structure, the tax collector first shall pay to the
security interest holder, then to the lessor of the manufactured
structure, according to the records of the department { - of
Transportation - } , the amount of their interest to the extent
there are sufficient moneys to do so, and shall pay any amount
thereafter remaining to the owner of the manufactured structure.
SECTION 126. ORS 319.415 is amended to read:
319.415. (1) On or before July 15, 1987, and on or before July
15 of each year thereafter, the Oregon Department of
Administrative Services, after consultation with the Department
of
{ - Transportation - } { + Revenue + } and the State Marine
Board, shall determine as accurately as possible the amount of
the motor vehicle fuel tax imposed under ORS 319.010 to 319.430
during the preceding fiscal year with respect to fuel purchased
and used to operate or propel motor boats. The amount determined
shall be reduced by the amount of any refunds for motor boats
used for commercial purposes actually paid during the preceding
year on account of ORS 319.280 (1)(a).
(2) The Oregon Department of Administrative Services shall
certify the amount of the estimate made under subsection (1) of
this section, as reduced by refunds, to the Department of
Transportation, to the State Marine Board and to the State
Treasurer. Thereupon, that amount shall be transferred from the
{ - Department of Transportation - } Driver and Motor Vehicle
Suspense Account to the Boating Safety, Law Enforcement and
Facility Account created under ORS 830.140, and is continuously
appropriated to the State Marine Board for the purposes for which
the moneys in the Boating Safety, Law Enforcement and Facility
Account are appropriated.
SECTION 127. ORS 332.445 is amended to read:
332.445. (1) As used in this section, 'vehicles' means and
includes all motor vehicles as defined in ORS 801.360 and every
other mechanical device in or on which a person or thing is or
may be carried and which is intended for such use except road
rollers, farm tractors, traction engines, police ambulances,
devices moved exclusively on stationary tracks, devices operated
by electric energy transmitted through trolley poles from trolley
wires and devices powered exclusively by human power.
(2) A district school board by resolution may adopt, modify or
abolish rules prohibiting, restricting or regulating the
operation and parking of vehicles, or particular classes or kinds
of vehicles, upon property controlled by the district, as the
board considers convenient or necessary for the policing of such
property. The district school board may require that before a
quarterly or yearly parking privilege for any vehicle is granted
to any full-time or part-time student to use district property,
the student must show that the vehicle is operated by a student
holding a valid { - driver's - } { + driver + } license, that
the vehicle is currently registered and that the student driving
the vehicle is insured under a motor vehicle liability insurance
policy that meets the requirements described under ORS 806.080 or
that the student or owner of the vehicle has provided the
Department of
{ - Transportation - } { + Revenue + }with other
satisfactory proof of compliance with the financial
responsibility requirements of this state.
(3) The rules adopted under subsection (2) of this section
shall become effective when appropriate signs giving notice
thereof are erected upon property controlled by the district.
(4) Every peace officer may enforce the rules adopted under
subsection (2) of this section.
(5) The district and any municipal corporation or any
department, agency or political subdivision of this state may
enter into agreements or contracts with each other for the
purpose of providing a uniform system of enforcement of the rules
adopted under subsection (2) of this section.
SECTION 128. ORS 336.805 is amended to read:
336.805. (1) Each public school or facility offering a course
in automobile driver instruction may charge tuition therefor and
shall keep accurate records of the cost thereof in the manner
required by the Department of Education, pursuant to rules of the
State Board of Education. Each public school or facility shall be
reimbursed $150 per pupil completing the course, including any
private school pupil completing the course in a public school.
(2) If funds available to the Department of
{ - Transportation - } { + Revenue + } for the Student Driver
Training Fund are not adequate to pay all approved claims in
full, public schools and facilities shall receive a pro rata
reimbursement based upon the ratio that the total amount of funds
available bears to the total amount of funds required for maximum
allowable reimbursement.
(3) Tuition authorized by subsection (1) of this section shall
not exceed the cost to the public school of providing driver
instruction less the state reimbursement. Tuition may be reduced
or waived by a public school for low income pupils.
(4) A public school may also offer driver instruction to pupils
in neighboring public schools that do not offer driver
instruction.
(5) Each public school shall adopt written policies and
procedures for driver instruction programs regarding reduced or
waived tuition for low income pupils and for the admission of
pupils from neighboring public schools.
SECTION 129. ORS 336.810 is amended to read:
336.810. (1) There is created the Student Driver Training Fund,
separate and distinct from the General Fund. All payments
required under ORS 336.795 to 336.815 and moneys paid into the
fund under ORS 802.110 and all expenses incurred in the
administration of those sections shall be made to and borne by
the fund. Interest earned by the fund shall be credited to the
fund.
(2) The Superintendent of Public Instruction shall annually
distribute the funds available in the Student Driver Training
Fund in the manner provided in ORS 336.805.
(3) The Department of { - Transportation - } { + Revenue
+ }shall make periodic studies to determine the effectiveness of
automobile driver instruction programs conducted under authority
of ORS 336.790 to 336.815.
SECTION 130. ORS 339.254 is amended to read:
339.254. (1) A school district board may establish a policy
regarding when a school superintendent or the board may file with
the Department of { - Transportation - } { + Revenue + } a
written request to suspend the driving privileges of a student or
the right to apply for driving privileges. Such policy shall
include:
(a) A { - requirement - } { + provision + } that a
superintendent or the school district board may file with the
Department of
{ - Transportation - } { + Revenue + } a written request to
suspend the driving privileges of a student or the right to apply
for driving privileges only if the student is at least 15 years
of age and:
(A) The student has been expelled for bringing a weapon to
school; or
(B) The student has been suspended or expelled at least twice
for assaulting or menacing a school employee or another student,
for willful damage or injury to school property or for use of
threats, intimidation, harassment or coercion against a school
employee or another student.
(b) A { - requirement - } { + provision + } that the school
superintendent meet with the parent or guardian of the student
before submitting a written request to the department { - of
Transportation - } .
(c) A { - requirement - } { + provision + } that the school
superintendent or board may request that the driving privileges
of the student or the right to apply for driving privileges be
suspended for no more than one year.
(d) Notwithstanding paragraph (c) of this subsection, a
{ - requirement - } { + provision + } that, if a school
superintendent or the school district board files a second
written request with the department { - of Transportation - }
to suspend the driving privileges of a student or the right to
apply for driving privileges, those privileges shall be suspended
until the student is 21 years of age.
(e) A provision that a student may appeal the decision of a
school superintendent regarding driving privileges of a student
under the due process procedures of the school district for
suspensions and expulsions.
(2) If the driving privileges of a student are suspended, the
student may apply to the department { - of Transportation - }
for a hardship driver permit under ORS 807.240.
SECTION 131. ORS 339.660 is amended to read:
339.660. (1) To promote safety the State Board of
Education { + , + } after consultation with the Department of
{ - Transportation - } { + Revenue + } and the Department of
State Police, shall make rules relating to traffic patrols.
(2) A member of a traffic patrol:
(a) Shall be at least 18 years of age unless the parent or
guardian of the member of the traffic patrol has consented in
writing to such membership and ceases to be a member if such
consent is revoked.
(b) May display a badge marked 'traffic patrol' while serving
as a member.
(c) May display a directional sign or signal in cautioning
drivers where students use a school crosswalk of the driver's
responsibility to obey ORS 811.015.
SECTION 132. ORS 341.300 is amended to read:
341.300. (1) The board may adopt such regulations as it
considers necessary to provide for the policing, control and
regulations of traffic and parking of vehicles on property under
the jurisdiction of the board. Such regulations may provide for
the registration of vehicles, the designation and posting of
parking areas, and the assessment and collection of reasonable
fees and charges for parking and shall be filed in the board
business office on the campus and shall be available for public
inspection. The board may require that before a quarterly or
yearly parking privilege for any vehicle is granted to any
full-time or part-time student to use board property, the student
must show that the vehicle is operated by a student holding a
valid { - driver's - } { + driver + } license, that the
vehicle is currently registered and that the student driving the
vehicle is insured under a motor vehicle liability insurance
policy that meets the requirements described under ORS 806.080 or
that the student or owner of the vehicle has provided the
Department of
{ - Transportation - } { + Revenue + } with other
satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2) The regulations adopted pursuant to subsection (1) of this
section may be enforced administratively under procedures adopted
by the board. Administrative and disciplinary sanctions may be
imposed upon students, faculty, and staff for violation of the
regulations. The board may establish hearing procedures for the
determination of controversies in connection with imposition of
fines or penalties.
(3) Upon agreement between the board and a city or county in
which all or part of the community college campus is located,
proceedings to enforce regulations adopted pursuant to subsection
(1) of this section shall be brought in the name of the city or
county enforcing the regulation in the circuit, justice or
municipal court in the county in which the violation occurred.
The fines, penalties and costs recovered shall be paid to the
clerk of the court involved in accordance with the agreement
between the board and the city or county with which the agreement
is made.
(4) The regulations adopted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(5) Every peace officer acting within the jurisdictional
authority of a governmental unit of the place where the violation
occurs shall enforce the regulations adopted by the board under
subsection (1) of this section if an agreement has been entered
into pursuant to subsection (3) of this section. The board, for
the purpose of enforcing its regulations governing traffic
control, may appoint peace officers who shall have the same
authority as other peace officers as defined in ORS 133.005.
(6) Issuance of traffic citations to enforce the regulations
adopted by the board under subsection (1) of this section shall
conform to the requirements of ORS 153.510 to 153.550. However,
in proceedings brought to enforce parking regulations, it shall
be sufficient to charge the defendant by an unsworn written
notice in accordance with the provisions of ORS 221.340.
(7) Violation of any regulation adopted by the board pursuant
to subsection (1) of this section enforced pursuant to subsection
(3) of this section is a misdemeanor.
SECTION 133. ORS 352.360 is amended to read:
352.360. (1) The State Board of Higher Education may enact such
regulations as it shall deem convenient or necessary to provide
for the policing, control and regulation of traffic and parking
of vehicles on the property of any institution under the
jurisdiction of the board. Such regulations may provide for the
registration of vehicles, the designation of parking areas, and
the assessment and collection of reasonable fees and charges for
parking, and shall be filed in accordance with the provisions of
ORS 183.310 to 183.550. The board may require that before a
quarterly or yearly parking privilege for any vehicle is granted
to any full-time or part-time student to use board property, the
student must show that the vehicle is operated by a student
holding a valid { - driver's - } { + driver + } license, that
the vehicle is currently registered and that the student driving
the vehicle is insured under a motor vehicle liability insurance
policy that meets the requirements described under ORS 806.080 or
that the student or owner of the vehicle has provided the
Department of
{ - Transportation - } { + Revenue + } with other
satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures
adopted by the board for each institution under its jurisdiction.
Administrative and disciplinary sanctions may be imposed upon
students, faculty and staff for violation of the regulations,
including but not limited to, a reasonable monetary penalty which
may be deducted from student deposits, and faculty or staff
salaries or other funds in the possession of the institution. The
board shall provide opportunity for hearing for the determination
of controversies in connection with imposition of fines or
penalties. The board may prescribe procedures for such hearings
despite the provisions of ORS 183.415, 183.450, 183.460 and
183.470. Persons other than students, faculty or staff may
voluntarily submit to the hearing procedures prescribed by the
board, and shall be bound by the results thereof. The powers
granted to the board by this section are supplemental to the
existing powers of the board with respect to the government of
activities of students, faculty and staff and the control and
management of property under its jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(4) All fees and charges for parking privileges and violations
are hereby continuously appropriated to the State Board of Higher
Education to be used to defray the costs of constructing bicycle
racks and bicycle lanes and of traffic control, enforcement of
traffic and parking regulations, and maintenance and operation of
parking facilities and for the purpose of acquiring and
constructing additional parking facilities for vehicles at the
various institutions, departments or activities under the control
of the board, and may also be credited to the Higher Education
Bond Sinking Fund provided for in ORS 351.460. Parking fees
shall be established at levels no greater than those required to
finance the construction, operation and maintenance of parking
facilities on the same campus of the state institution of higher
education on which the parking is provided. Notwithstanding ORS
351.072, parking fees or changes in fees shall be adopted by rule
of the state board subject to the procedure for rules adopted in
ORS 183.310 to 183.550.
(5) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the
purpose of enforcing its rules and regulations governing traffic
control, may appoint peace officers who shall have the same
authority as other peace officers as defined in ORS 133.005.
(6) The State Board of Higher Education and any municipal
corporation or any department, agency or political subdivision of
this state may enter into agreements or contracts with each other
for the purpose of providing a uniform system of enforcement of
the rules and regulations of the board enacted pursuant to
subsection (1) of this section.
(7) In proceedings brought to enforce regulations enacted
pursuant to subsection (1) of this section, it shall be
sufficient to charge the defendant by an unsworn written notice
in accordance with the provisions of ORS 221.340. In any case in
which the defendant is not subject to and does not voluntarily
submit to the hearing procedures prescribed under subsection (2)
of this section, proceedings to enforce regulations enacted
pursuant to subsection (1) of this section shall be brought in
the name of the board in a circuit court, a justice court or a
city court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent
jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered
shall be paid to the clerk of the court involved and shall be
disposed of as provided in ORS 153.630.
SECTION 134. ORS 366.512 is amended to read:
366.512. (1) The Department of { - Transportation - } { +
Revenue + } shall collect all registration fees for campers,
manufactured structures, motor homes and travel trailers. Such
fees shall be paid into the State Parks and Recreation Department
Fund.
(2) As used in this section and in ORS 390.134, the words '
camper,' 'manufactured structure,' 'motor home' and ' travel
trailer' have the meanings given in ORS chapter 801.
SECTION 135. ORS 390.134 is amended to read:
390.134. The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. The
following apply to the fund established by this section:
(1) The fund shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund shall be credited to the fund.
(b) All registration fees received by the Department of
{ - Transportation - } { + Revenue + } for campers,
manufactured structures, motor homes and travel trailers
{ - which - } { + that + } are transferred to the fund under
ORS 366.512. Such funds shall be deposited in a separate
subaccount established under subsection (2) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(2) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection shall be separately
accounted for. Moneys placed in a subaccount shall be used for
the purposes for which they are deposited.
(3) All of the moneys in the fund except those moneys described
in subsection (2), (4), (5) or (6) of this section shall be
deposited in a separate subaccount within the fund under this
section and shall be used by the State Parks and Recreation
Department for the acquisition, development, maintenance, care
and use of park and recreation sites. The moneys in the
subaccount under this subsection shall be accounted for
separately and shall be stated separately in the State Parks and
Recreation Department's biennial budget.
(4) Thirty percent of the amount transferred to the State Parks
and Recreation Department under ORS 366.512 from the registration
of travel trailers, campers and motor homes and under ORS 803.601
from recreational vehicle trip permits shall be deposited in a
separate subaccount within the fund under this section and is
appropriated for the maintenance, care and use of county park and
recreation sites. The moneys in the subaccount under this
subsection shall be accounted for separately. The following apply
to the distribution of moneys under this subsection:
(a) The appropriation shall be distributed among the several
counties for the purposes described in this subsection. The
distribution shall be made at times determined by the State Parks
and Recreation Department but shall be made not less than once a
year.
(b) The sums designated under this subsection shall be remitted
to the county treasurers of the several counties by warrant.
(c) The { + State Parks and Recreation + } Department shall
establish an advisory committee to advise the department in the
performance of its duties under this subsection. The composition
of the advisory committee under this subsection shall be as
determined by the department by rule. In determining the
composition of the advisory committee, the department shall
attempt to provide reasonable representation for county officials
or employees with responsibilities relating to county parks and
recreation sites.
(d) The { + State Parks and Recreation + } Department, by
rule, shall establish a program to provide moneys to counties for
the acquisition, development, maintenance, care and use of county
park and recreation areas. The rules under this paragraph shall
provide for distribution of moneys based on use and need and, as
the department determines necessary, on the need for the
development and maintenance of facilities to provide camping
sites for campers, motor homes and travel trailers.
(e) As used in this section, 'county' shall include a
metropolitan service district organized under ORS chapter 268,
but only to the extent that the district has acquired, through
title transfer, and is operating a park or recreation site of a
county pursuant to an intergovernmental agreement.
(5) The { + State Parks and Recreation + } Department shall
create a separate City and County Subaccount within the fund to
be used to reimburse cities and counties as provided in ORS
390.290.
(6) The { + State Parks and Recreation + } Department shall
create a separate rural Fire Protection District Subaccount to be
used to provide funds for the fire protection districts as
provided in ORS 390.290.
SECTION 136. ORS 419A.260 is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction of a judgment or order related
to a contact;
(B) The removal and destruction of all records and all
references; and
(C) Where a record is kept by the State Office for Services to
Children and Families or the Oregon Youth Authority, either the
sealing of such record by the office or the Oregon Youth
Authority or, in a multiperson file, the affixing to the front of
the file, by the office or the youth authority, a stamp or
statement identifying the name of the individual, the date of
expunction and instruction that no further reference shall be
made to the material that is subject to the expunction order
except upon an order of a court of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a student's academic record at MacLaren
School or Hillcrest School of Oregon;
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
{ - Transportation - } { + Revenue + }, State Marine Board
and State Fish and Wildlife Commission pursuant to juvenile or
adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
(K) Blood samples, autoradiographs and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law Enforcement Data System under
ORS 181.595 and 181.596.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, and the legal effect of an expunction order, at the
following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
SECTION 137. ORS 419B.558 is amended to read:
419B.558. (1) The juvenile court in its discretion may enter a
decree of emancipation where the minor is at least 16 years of
age and the court finds that the best interests of the minor will
be served by emancipation. In making its determination, the court
shall take into consideration the following factors:
(a) Whether the parent of the minor consents to the proposed
emancipation;
(b) Whether the minor has been living away from the family home
and is substantially able to be self-maintained and
self-supported without parental guidance and supervision; and
(c) Whether the minor can demonstrate to the satisfaction of
the court that the minor is sufficiently mature and knowledgeable
to manage the minor's affairs without parental assistance.
(2) Upon entry of a decree of emancipation by the court, the
applicant shall be given a copy of the decree. The decree shall
instruct that the applicant obtain an Oregon { - driver's - }
{ + driver + } license or an Oregon identification card through
the Department of
{ - Transportation - } { + Revenue + } and that the
department { - of Transportation - } make a notation of the
minor's emancipated status on the license or identification card.
(3) An emancipated minor shall be subject to the jurisdiction
of the adult courts for all criminal offenses.
SECTION 138. ORS 430.257 is amended to read:
430.257. The administrative heads of the Department of
Education, Department of Human Resources, Oregon State Police,
Department of { - Transportation - } { + Revenue + }, Oregon
Liquor Control Commission and State Commission on Children and
Families shall each designate an individual, or in the instance
of multidivisional departments, individuals, to serve as liaison
to and assist both the Governor's Council on Alcohol and Drug
Abuse Programs and the Assistant Director for Alcohol and Drug
Abuse Programs in meeting the policies, duties and
responsibilities set forth in this section and ORS 409.010,
430.250, 430.255, 430.270, 430.290, 430.359, 430.368, 430.535 and
430.630.
SECTION 139. ORS 431.270 is amended to read:
431.270. (1) The Health Division of the Department of Human
Resources shall educate residents of this state about:
(a) The need for bone marrow donors;
(b) The procedures required to become registered as a potential
bone marrow donor, including procedures for determining a
person's tissue type; and
(c) The medical procedures a donor must undergo to donate bone
marrow or other sources of blood stem cells.
(2) The Health Division shall make special efforts to educate
and recruit citizens of Oregon with a special emphasis on
minority populations to volunteer as potential bone marrow
donors. Means of communication may include use of press, radio
and television, and placement of educational materials in
appropriate health care facilities, blood banks and state and
local agencies. The { + Health + } Division in conjunction with
the Department of { - Transportation - } { + Revenue + }
shall make educational materials available at all places where
driver licenses are issued or renewed.
SECTION 140. ORS 445.030 is amended to read:
445.030. (1) There is created a fund to be known as the Motor
Vehicle Accident Fund, to be held and deposited by the State
Treasurer in such banks as are authorized to receive deposits of
the General Fund.
(2) All moneys received by the Adult and Family Services
Division under this chapter and by the Department of
{ - Transportation - } { + Revenue + } under ORS 802.110
{ + (2)(c) + } shall forthwith be paid to the State Treasurer,
and shall become a part of the fund.
(3) The following shall be paid from the fund:
(a) All claims and benefits allowed by the { + Adult and
Family Services + } Division or finally adjudged affirmatively by
a court on appeal in the amounts allowed or adjudged and within
the limitations of ORS 445.060 and 445.070.
(b) All expenses of litigation incurred by the division on any
appeal.
(c) All court costs and disbursements assessed against the
division.
(d) All salaries, clerk hire, advances and reimbursement of
travel costs and expenses incurred by the division in the
administration of this chapter.
(e) Expenses incurred by the Health Division in the
administration of the Emergency Medical Services and Trauma
Systems Program created pursuant to ORS 431.623. The total amount
of all payments from the fund for purposes of this paragraph
shall be equal to $891,450 each biennium.
(4) Liability for payment of claims or judgments thereon, or
both, and expenses authorized by this chapter shall be limited to
the fund and all additions thereto made under this chapter.
SECTION 141. ORS 453.864 is amended to read:
453.864. The Assistant Director for Health shall adopt rules to
carry out ORS 105.555, 431.175 and 453.855 to 453.912. The rules
shall be developed in consultation with:
(1) The State Fire Marshal { + , + } or { + a + }
designee { + thereof + };
(2) The director of the Poison Control and Drug Information
Program of the Oregon Health Sciences University, or a designee
thereof;
(3) The Director of the Department of Environmental Quality, or
a designee thereof;
(4) The Director of the Department of Consumer and Business
Services, or a designee thereof;
(5) The Director of { - Transportation - } { + the
Department of Revenue + }, or a designee thereof; and
(6) Any other governmental agency determined appropriate by the
Health Division whose advice and information is necessary for the
formulation of the rules authorized by this section.
SECTION 142. ORS 468A.360 is amended to read:
468A.360. (1) After public hearing and in accordance with the
applicable provisions of ORS 183.310 to 183.550, the
Environmental Quality Commission may adopt motor vehicle emission
standards. For the purposes of this section, the commission may
include, as a part of such standards, any standards for the
control of noise emissions adopted pursuant to ORS 467.030.
(2) The commission shall furnish a copy of standards adopted
pursuant to this section to the Department of
{ - Transportation - } { + Revenue + } and shall publish
notice of the standards in a manner reasonably calculated to
notify affected members of the public.
SECTION 143. ORS 468A.375 is amended to read:
468A.375. The Department of Environmental Quality shall notify
the Department of { - Transportation - } { + Revenue + } and
the Oregon State Police whenever certificates of approval for
motor vehicle pollution control systems are approved, revoked,
suspended or restricted by the Environmental Quality Commission.
SECTION 144. ORS 468A.390 is amended to read:
468A.390. (1) If the need for a motor vehicle pollution control
system inspection program is identified for an area in the State
of Oregon Clean Air Act Implementation Plan, then the
Environmental Quality Commission, by rule, shall designate
boundaries, in addition to the areas specified in ORS 815.300
(2)(a) and (b), within which motor vehicles are subject to the
requirement under ORS 815.300 to have a certificate of compliance
issued under ORS 468A.380 to be registered or have the
registration of the vehicle renewed.
(2) Whenever the Environmental Quality Commission designates
boundaries under this section within which vehicles are subject
to the requirements of ORS 815.300, the commission shall notify
the Department of { - Transportation - } { + Revenue + } and
shall provide the department { - of Transportation - } with
information necessary to perform the { - Department of
Transportation's - } { + department's + } duties under ORS
815.300.
SECTION 145. ORS 468A.400 is amended to read:
468A.400. (1) The Department of Environmental Quality shall:
(a) Establish and collect fees for application, examination and
licensing of persons, equipment, apparatus or methods in
accordance with ORS 468A.380 and within the following limits:
(A) The fee for licensing shall not exceed $5.
(B) The fee for renewal of licenses shall not exceed $1.
(b) Establish fees for the issuance of certificates of
compliance. The department may classify motor vehicles and
establish a different fee for each such class. The fee for the
issuance of certificates shall be established by the
Environmental Quality Commission in an amount based upon the
costs of administering this program. Before establishing the
fees, the commission shall determine the most cost effective
program consistent with Clean Air Act requirements for each area
of the state pursuant to ORS 468A.370.
(2) The department shall collect the fees established pursuant
to subsection (1)(b) of this section at the time of the issuance
of certificates of compliance as required by ORS 468A.380 (2)(c).
(3) On or before the 15th day of each month, the commission
shall pay into the State Treasury all moneys received as fees
pursuant to subsections (1) and (2) of this section during the
preceding calendar month. The State Treasurer shall credit such
money to the Department of Environmental Quality Motor Vehicle
Pollution Account, which is hereby created. The moneys in the
Department of Environmental Quality Motor Vehicle Pollution
Account are continuously appropriated to the department to be
used by the department solely or in conjunction with other state
agencies and local units of government for:
(a) Any expenses incurred by the department and, if approved by
the Governor, any expenses incurred by the Department of
{ - Transportation - } { + Revenue + } in the certification,
examination, inspection or licensing of persons, equipment,
apparatus or methods in accordance with the provisions of ORS
468A.380 and 815.310.
(b) Such other expenses as are necessary to study traffic
patterns and to inspect, regulate and control the emission of
pollutants from motor vehicles in this state.
(4) The Department of Environmental Quality may enter into an
agreement with the Department of { - Transportation - }
{ + Revenue + } to collect the licensing and renewal fees
described in subsection (1)(a) of this section subject to the
fees being paid and credited as provided in subsection (3) of
this section.
SECTION 146. ORS 471.430 is amended to read:
471.430. (1) No person under the age of 21 years shall attempt
to purchase, purchase or acquire alcoholic liquor. Except when
such minor is in a private residence accompanied by the parent or
guardian of the minor and with such parent's or guardian's
consent, no person under the age of 21 years shall have personal
possession of alcoholic liquor.
(2) For the purposes of this section, personal possession of
alcoholic liquor includes the acceptance or consumption of a
bottle of such liquor, or any portion thereof or a drink of such
liquor. However, this section does not prohibit the acceptance or
consumption by any person of sacramental wine as part of a
religious rite or service.
(3) Except as authorized by rule or as necessitated in an
emergency, no person under the age of 21 years shall enter or
attempt to enter any portion of a licensed premises that is
posted or otherwise identified as being prohibited to the use of
minors.
(4) Any person who violates subsection (1) or (3) of this
section commits a violation punishable by a fine of not more than
$250.
(5) In addition to and not in lieu of any other penalty
established by law, a person under 21 years of age who violates
subsection (1) of this section through misrepresentation of age
may be required to perform community service and the court shall
order that the person's driving privileges and right to apply for
driving privileges be suspended for a period not to exceed one
year. If a court has issued an order denying driving privileges
under this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The
court notification to the Department of { - Transportation - }
{ + Revenue + } under this subsection may include a
recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
SECTION 147. ORS 471.547 is amended to read:
471.547. The Oregon Liquor Control Commission shall establish
an Alcohol Server Education Advisory Committee consisting of
persons representing the commission, the Oregon State Police, the
Oregon District Attorneys' Association, the office of Alcohol and
Drug Abuse Programs, the Department of { - Transportation - }
{ + Revenue + }, at least one person who is a service permittee
under ORS 471.360, a nonprofit organization the purpose of which
is to reduce the incidence of drunk driving, and not more than
three associations representing retail licensees and two
associations representing insurance companies to assist in:
(1) The development of the standards, curriculum and materials
for the education program;
(2) The examination and examination procedures;
(3) The certification procedures, enforcement policies and
penalties for education program instructors and providers; and
(4) The development of time requirements for completion of an
approved alcohol education program and conditions for
probationary extension.
SECTION 148. ORS 471.666 is amended to read:
471.666. (1) The court, upon conviction of the person arrested
under ORS 471.660, shall order the alcoholic liquor delivered to
the Oregon Liquor Control Commission, and shall, subject to the
ownership rights of innocent third parties, order a sale at
public auction by the sheriff of the county of the property
seized. The sheriff, after deducting the expense of keeping the
property and the cost of sale, shall pay all the liens, according
to their priorities, which are established by intervention or
otherwise at such hearing or in other proceedings brought for
that purpose, and shall pay the balance of the proceeds into the
general fund of the county. No claim of ownership or of any
right, title or interest in or to such vehicle that is otherwise
valid shall be held invalid unless the state shows to the
satisfaction of the court, by clear and convincing evidence, that
the claimant had knowledge that the vehicle was used or to be
used in violation of law. All liens against property sold under
this section shall be transferred from the property to the
proceeds of the sale.
(2) If no person claims the vehicle or conveyance, the taking
of the same and the description thereof shall be advertised in
some daily newspaper published in the city or county where taken,
or if no daily newspaper is published in such city or county, in
a newspaper having weekly circulation in the city or county, once
a week for two weeks and by handbills posted in three public
places near the place of seizure, and shall likewise notify by
mail the legal owner, in the case of an automobile, if licensed
by the State of Oregon, as shown by the name and address in the
vehicle registration records of the Department of
{ - Transportation - } { + Revenue + }. If no claimant appears
within 10 days after the last publication of the advertisement,
the property shall be sold and the proceeds, after deducting the
expenses and costs, shall be paid into the general fund of the
county.
SECTION 149. ORS 498.155 is amended to read:
498.155. If a vehicle owner cited under ORS 498.154 to appear
in a circuit or justice court upon an alleged parking offense
fails to appear or to forfeit bail on or before the date and time
stated on the citation, the court and the Department of
{ - Transportation - } { + Revenue + } may take such actions
as are otherwise authorized by law under the Oregon Vehicle Code
in the case of a failure to appear, except that in no case may a
warrant of arrest be issued nor a criminal prosecution for
failure to appear be commenced unless the citing or prosecuting
authority, more than 10 days prior thereto, has sent a letter to
the registered owner at the address shown upon the vehicle
registration records of the department advising such owner of the
charge pending and informing the owner that the owner may be
subject to arrest if the owner does not appear in the court
within 10 days to answer the charge. The letter must be sent by
certified mail, restricted delivery, return receipt requested. A
warrant of arrest may not be issued, nor a criminal prosecution
for failure to appear be commenced if such a letter has not been
sent or if the owner appears in court to answer the charge within
10 days after receiving the letter.
SECTION 150. ORS 585.050 is amended to read:
585.050. Applicants for licenses shall pay to the State
Department of Agriculture fees as follows:
(1) Every wholesale produce dealer shall pay a fee to be
established by the department not to exceed $100 and, in
addition, the wholesale produce dealer shall pay a fee of $5 for
each motor vehicle used by the wholesale produce dealer in
business to transport produce; but no motor vehicle shall be
licensed under the $5 license fee unless the vehicle is
registered and licensed by the Department of
{ - Transportation - } { + Revenue + } or by the motor vehicle
licensing agency of another state, in the name of such wholesale
produce dealer. If any wholesale produce dealer carries on such
business at more than one establishment, location or place of
business within this state, then a separate application shall be
made and a separate license issued and an additional fee, to be
established by the department not to exceed $100, paid for each
separate establishment, location or place of business.
(2) Every retail produce peddler shall pay a fee to be
established by the department not to exceed $20, which fee
entitles the retail produce dealer to the use in the retail
produce business of one vehicle and, in addition, the retail
produce dealer shall pay an additional fee to be established by
the department not to exceed $20 for each additional vehicle so
used; but no motor vehicle shall be licensed under the license
fee to be established by the department not to exceed $20 unless
the vehicle is registered and licensed in the name of the retail
produce peddler by the Department of { - Transportation - }
{ + Revenue + } or by the motor vehicle licensing agency of
another state or unless the vehicle is used by the retail produce
peddler under a lease approved by the department.
(3) Every cash buyer shall pay a license fee to be established
by the department not to exceed $100.
SECTION 151. ORS 682.109 is amended to read:
682.109. When a bond, letter of credit or certificate
evidencing deposit with the Department of
{ - Transportation - } { + Revenue + } is the method chosen to
prove financial responsibility, the provisions of ORS 806.090,
806.100 and 806.115 shall be deemed to refer to bonds, letters of
credit, certificates, deposits and rights and remedies accruing
thereunder under this chapter except that the dollar amounts
required for the bonds, letters of credit or deposits and subject
to the provisions shall be $320,000 each respectively.
SECTION 152. ORS 726.010 is amended to read:
726.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Director' means the Director of the Department of Consumer
and Business Services.
(2) 'Pawnbroker' means any person, copartnership, association
or corporation:
(a) Lending money at a higher rate of interest than 10 percent
per annum on the deposit or pledge of personal property other
than choses in action, vehicles required by law to be registered
with the Department of { - Transportation - } { +
Revenue + }, securities or printed evidences of indebtedness;
(b) Purchasing any personal property other than choses in
action, vehicles required by law to be registered with the
Department of { - Transportation - } { + Revenue + },
securities or printed evidences of indebtedness on the direct or
implied condition of selling it back at a stipulated price that
would amount to the payment of interest or consideration in
excess of 10 percent per annum; or
(c) Doing business as storage warehouseman and lending money at
a higher rate of interest than 10 percent per annum upon goods,
wares, merchandise or personal property pledged or deposited as
collateral security other than vehicles required by law to be
registered with the Department of { - Transportation - } { +
Revenue + }.
(3) 'Pledge' means any article deposited with a pawnbroker in
the course of the business of the pawnbroker as defined in
subsection (2) of this section.
(4) 'Pledgor' means the person who delivers a pledge into the
possession of a pawnbroker, unless the person discloses that the
person is or was acting for another, in which event ' pledgor'
means the disclosed principal.
(5) 'Pledge loan' means a loan made by a pawnbroker to a
pledgor and secured by a pledge.
SECTION 153. ORS 742.490 is amended to read:
742.490. (1) Any rate, rating plan or rating system filed with
the Director of the Department of Consumer and Business Services
for a motor vehicle insurance policy offering liability, personal
injury protection or collision coverage, shall provide an
appropriate reduction in premium charges for such coverage if:
(a) The principal operator of the covered vehicle is an insured
55 years of age or older.
(b) The principal operator of the covered vehicle has
successfully completed, within the appropriate time as specified
in this subsection, a motor vehicle accident prevention course
approved by the Department of { - Transportation - } { +
Revenue + }. To meet the requirements of this subsection, a
course must be completed no more than three years prior to the
beginning of the policy period for which the discounted rate
applies if the person is less than 70 years of age at the time of
taking the course or no more than two years prior to the
beginning of the policy period for which the discounted rate
applies if the person is 70 years of age or more at the time of
taking the course.
(c) There are no persons under 25 years of age who regularly
operate the vehicle.
(d) The vehicle is not classified for underwriting purposes as
used for a business.
(2) If the person qualifying for a premium reduction under
subsection (1) of this section is the principal operator of two
or more vehicles, the premium discount shall apply to only one
vehicle. No more than one premium discount may be applied to one
vehicle.
SECTION 154. ORS 742.494 is amended to read:
742.494. Any organization offering a motor vehicle accident
prevention course approved by the Department of
{ - Transportation - } { + Revenue + } shall issue a
certificate to each person who successfully completes the course.
The person shall present the certificate to an insurer to qualify
for the premium discount required under ORS 742.490 (1).
SECTION 155. ORS 742.504 is amended to read:
742.504. Every policy required to provide the coverage
specified in ORS 742.502 shall provide uninsured motorist
coverage which in each instance is no less favorable in any
respect to the insured or the beneficiary than if the following
provisions were set forth in the policy. However, nothing
contained in this section shall require the insurer to reproduce
in such policy the particular language of any of the following
provisions:
(1)(a) The insurer will pay all sums which the insured, the
heirs or the legal representative of the insured shall be legally
entitled to recover as general and special damages from the owner
or operator of an uninsured vehicle because of bodily injury
sustained by the insured caused by accident and arising out of
the ownership, maintenance or use of such uninsured vehicle.
Determination as to whether the insured, the insured's heirs or
the insured's legal representative is legally entitled to recover
such damages, and if so, the amount thereof, shall be made by
agreement between the insured and the insurer, or, in the event
of disagreement, may be determined by arbitration as provided in
subsection (10) of this section.
(b) No judgment against any person or organization alleged to
be legally responsible for bodily injury, except for proceedings
instituted against the insurer as provided in this policy, shall
be conclusive, as between the insured and the insurer, on the
issues of liability of such person or organization or of the
amount of damages to which the insured is legally entitled.
(2) As used in this policy:
(a) 'Insured,' when unqualified, means when applied to
uninsured motorist coverage:
(A) The named insured as stated in the policy and any person
designated as named insured in the schedule and, while residents
of the same household, the spouse of any such named insured and
relatives of either; provided, neither such relative nor spouse
is the owner of a vehicle not described in the policy; and
provided further, if the named insured as stated in the policy is
other than an individual or husband and wife who are residents of
the same household, the named insured shall be only a person so
designated in the schedule;
(B) Any child residing in the household of the named insured if
the insured has performed the duties of a parent to the child by
rearing the child as the insured's own although the child is not
related to the insured by blood, marriage or adoption; and
(C) Any other person while occupying an insured vehicle
provided the actual use thereof is with the permission of the
named insured.
(b) 'Insured vehicle,' except as provided in paragraph (c) of
this provision, means:
(A) The vehicle described in the policy or a newly acquired or
substitute vehicle, as each of those terms is defined in the
public liability coverage of the policy, insured under the public
liability provisions of the policy; or
(B) A nonowned vehicle operated by the named insured or spouse
if a resident of the same household; provided the actual use
thereof is with the permission of the owner of such vehicle and
such vehicle is not owned by nor furnished for the regular or
frequent use of the insured or any member of the same household.
(c) 'Insured vehicle' does not include a trailer of any type
unless such trailer is a described vehicle in the policy.
(d) 'Uninsured vehicle,' except as provided in paragraph (e) of
this provision, means:
(A) A vehicle with respect to the ownership, maintenance or use
of which there is no collectible automobile bodily injury
liability insurance or bond, in at least the amounts or limits
prescribed for bodily injury or death under ORS 806.070
applicable at the time of the accident with respect to any person
or organization legally responsible for the use of such vehicle,
or with respect to which there is such collectible bodily injury
liability insurance or bond applicable at the time of the
accident but the insurance company writing the same denies
coverage thereunder or, within two years of the date of the
accident, such company writing the same becomes voluntarily or
involuntarily declared bankrupt or for which a receiver is
appointed or becomes insolvent. It shall be a disputable
presumption that a vehicle is uninsured in the event the insured
and the insurer, after reasonable efforts, fail to discover
within 90 days from the date of the accident, the existence of a
valid and collectible automobile bodily injury liability
insurance or bond applicable at the time of the accident.
(B) A hit-and-run vehicle as defined in paragraph (f) of this
provision.
(C) A phantom vehicle as defined in paragraph (g) of this
provision.
(e) 'Uninsured vehicle' does not include:
(A) An insured vehicle;
(B) A vehicle which is owned or operated by a self-insurer
within the meaning of any motor vehicle financial responsibility
law, motor carrier law or any similar law;
(C) A vehicle which is owned by the United States of America,
Canada, a state, a political subdivision of any such government
or an agency of any of the foregoing;
(D) A land motor vehicle or trailer, if operated on rails or
crawler-treads or while located for use as a residence or
premises and not as a vehicle;
(E) A farm-type tractor or equipment designed for use
principally off public roads, except while actually upon public
roads; or
(F) A vehicle owned by or furnished for the regular or frequent
use of the insured or any member of the household of the insured.
(f) 'Hit-and-run vehicle' means a vehicle which causes bodily
injury to an insured arising out of physical contact of such
vehicle with the insured or with a vehicle which the insured is
occupying at the time of the accident, provided:
(A) There cannot be ascertained the identity of either the
operator or the owner of such hit-and-run vehicle;
(B) The insured or someone on behalf of the insured shall have
reported the accident within 72 hours to a police, peace or
judicial officer, to the Department of { - Transportation of
the State of Oregon - } { + Revenue + } or to the equivalent
department in the state where the accident occurred, and shall
have filed with the insurer within 30 days thereafter a statement
under oath that the insured or the legal representative of the
insured has a cause or causes of action arising out of such
accident for damages against a person or persons whose identity
is unascertainable, and setting forth the facts in support
thereof; and
(C) At the insurer's request, the insured or the legal
representative of the insured makes available for inspection the
vehicle which the insured was occupying at the time of the
accident.
(g) 'Phantom vehicle' means a vehicle which causes bodily
injury to an insured arising out of a motor vehicle accident
which is caused by an automobile which has no physical contact
with the insured or the vehicle which the insured is occupying at
the time of the accident, provided:
(A) There cannot be ascertained the identity of either the
operator or the owner of such phantom vehicle;
(B) The facts of such accident can be corroborated by competent
evidence other than the testimony of the insured or any person
having an uninsured motorist claim resulting from the accident;
and
(C) The insured or someone on behalf of the insured shall have
reported the accident within 72 hours to a police, peace or
judicial officer, to the Department of { - Transportation of
the State of Oregon - } { + Revenue + } or to the equivalent
department in the state where the accident occurred, and shall
have filed with the insurer within 30 days thereafter a statement
under oath that the insured or the legal representative of the
insured has a cause or causes of action arising out of such
accident for damages against a person or persons whose identity
is unascertainable, and setting forth the facts in support
thereof.
(h) 'Bodily injury' means bodily injury, sickness or disease,
including death resulting therefrom.
(i) 'Occupying' means in or upon or entering into or alighting
from.
(j) 'State' includes the District of Columbia, a territory or
possession of the United States and a province of Canada.
(k) 'Vehicle' means every device in, upon or by which any
person or property is or may be transported or drawn upon a
public highway, but does not include devices moved by human power
or used exclusively upon stationary rails or tracks.
(3) This coverage applies only to accidents which occur on and
after the effective date of the policy, during the policy period
and within the United States of America, its territories or
possessions, or Canada.
(4)(a) This coverage does not apply to bodily injury of an
insured with respect to which such insured or the legal
representative of the insured shall, without the written consent
of the insurer, make any settlement with or prosecute to judgment
any action against any person or organization who may be legally
liable therefor.
(b) This coverage does not apply to bodily injury to an insured
while occupying a vehicle (other than an insured vehicle) owned
by, or furnished for the regular use of, the named insured or any
relative resident in the same household, or through being struck
by such a vehicle.
(c) This coverage does not apply so as to inure directly or
indirectly to the benefit of any workers' compensation carrier,
any person or organization qualifying as a self-insurer under any
workers' compensation or disability benefits law or any similar
law or the State Accident Insurance Fund Corporation.
(d) This coverage does not apply with respect to underinsured
motorist benefits unless:
(A) The limits of liability under any bodily injury liability
bonds or policies applicable at the time of the accident
regarding the injured person have been exhausted by payment of
judgments or settlements to the injured person or other injured
persons;
(B) The described limits have been offered in settlement, the
insurer has refused consent under paragraph (a) of this
subsection and the insured protects the insurer's right of
subrogation to the claim against the tortfeasor;
(C) The insured gives credit to the insurer for the unrealized
portion of the described liability limits as if the full limits
had been received if less than the described limits have been
offered in settlement, and the insurer has consented under
paragraph (a) of this subsection; or
(D) The insured gives credit to the insurer for the unrealized
portion of the described liability limits as if the full limits
had been received if less than the described limits have been
offered in settlement and, if the insurer has refused consent
under paragraph (a) of this subsection, the insured protects the
insurer's right of subrogation to the claim against the
tortfeasor.
(e) When seeking consent under paragraph (a) or (d) of this
subsection, the insured shall allow the insurer a reasonable time
in which to collect and evaluate information related to consent
to the proposed offer of settlement. The insured shall provide
promptly to the insurer any information that is reasonably
requested by the insurer and that is within the custody and
control of the insured. Consent will be presumed to be given if
the insurer does not respond within a reasonable time. For
purposes of this paragraph, a 'reasonable time' is no more than
30 days from the insurer's receipt of a written request for
consent, unless the insured and the insurer agree otherwise.
(5)(a) As soon as practicable, the insured or other person
making claim shall give to the insurer written proof of claim,
under oath if required, including full particulars of the nature
and extent of the injuries, treatment and other details entering
into the determination of the amount payable hereunder. The
insured and every other person making claim hereunder shall
submit to examinations under oath by any person named by the
insurer and subscribe the same, as often as may reasonably be
required. Proof of claim shall be made upon forms furnished by
the insurer unless the insurer shall have failed to furnish such
forms within 15 days after receiving notice of claim.
(b) Upon reasonable request of and at the expense of the
insurer, the injured person shall submit to physical examinations
by physicians selected by the insurer and shall, upon each
request from the insurer, execute authorization to enable the
insurer to obtain medical reports and copies of records.
(6) If, before the insurer makes payment of loss hereunder, the
insured or the legal representative of the insured shall
institute any legal action for bodily injury against any person
or organization legally responsible for the use of a vehicle
involved in the accident, a copy of the summons and complaint or
other process served in connection with such legal action shall
be forwarded immediately to the insurer by the insured or the
legal representative of the insured.
(7)(a) The limit of liability stated in the declarations as
applicable to 'each person' is the limit of the insurer's
liability for all damages because of bodily injury sustained by
one person as the result of any one accident and, subject to the
above provision respecting each person, the limit of liability
stated in the declarations as applicable to 'each accident' is
the total limit of the company's liability for all damages
because of bodily injury sustained by two or more persons as the
result of any one accident.
(b) Any payment made under this coverage to or for an insured
shall be applied in reduction of any amount which the insured may
be entitled to recover from any person who is an insured under
the bodily injury liability coverage of this policy.
(c) Any amount payable under the terms of this coverage because
of bodily injury sustained in an accident by a person who is an
insured under this coverage shall be reduced by:
(A) All sums paid on account of such bodily injury by or on
behalf of the owner or operator of the uninsured vehicle and by
or on behalf of any other person or organization jointly or
severally liable together with such owner or operator for such
bodily injury including all sums paid under the bodily injury
liability coverage of the policy; and
(B) The amount paid and the present value of all amounts
payable on account of such bodily injury under any workers'
compensation law, disability benefits law or any similar law.
(d) Any amount payable under the terms of this coverage because
of bodily injury sustained in an accident by a person who is an
insured under this coverage shall be reduced by the credit given
to the insurer pursuant to subsection (4)(d)(C) or (D) of this
section.
(e) The amount payable under the terms of this coverage shall
not be reduced by the amount of liability proceeds offered,
described in subsection (4)(d)(B) or (D) of this section, that
has not been paid to the injured person. If liability proceeds
have been offered and not paid, the amount payable under the
terms of the coverage shall include the amount of liability
limits offered but not accepted due to the insurer's refusal to
consent. The insured shall cooperate so as to permit the insurer
to proceed by subrogation or assignment to prosecute the claim
against the uninsured motorist.
(8) No action shall lie against the insurer unless, as a
condition precedent thereto, the insured or the legal
representative of the insured has fully complied with all the
terms of this policy.
(9)(a) Except as provided in paragraph (c) of this subsection,
with respect to bodily injury to an insured while occupying a
vehicle not owned by a named insured under this coverage, the
insurance under this coverage shall apply only as excess
insurance over any other insurance available to such occupant
which is similar to this coverage, and this insurance shall then
apply only in the amount by which the applicable limit of
liability of this coverage exceeds the sum of the applicable
limits of liability of all such other insurance.
(b) With respect to bodily injury to an insured while occupying
or through being struck by an uninsured vehicle, if such insured
is an insured under other insurance available to the insured
which is similar to this coverage, then the damages shall be
deemed not to exceed the higher of the applicable limits of
liability of this insurance or such other insurance, and the
insurer shall not be liable under this coverage for a greater
proportion of the damages than the applicable limit of liability
of this coverage bears to the sum of the applicable limits of
liability of this insurance and such other insurance.
(c) With respect to bodily injury to an insured while occupying
any motor vehicle used as a public or livery conveyance, the
insurance under this coverage shall apply only as excess
insurance over any other insurance available to the insured which
is similar to this coverage, and this insurance shall then apply
only in the amount by which the applicable limit of liability of
this coverage exceeds the sum of the applicable limits of
liability of all such other insurance.
(10) If any person making claim hereunder and the insurer do
not agree that such person is legally entitled to recover damages
from the owner or operator of an uninsured vehicle because of
bodily injury to the insured, or do not agree as to the amount of
payment which may be owing under this coverage, then, in the
event the insured and the insurer elect by mutual agreement at
the time of the dispute to settle the matter by arbitration, the
arbitration shall take place under the arbitration laws of the
State of Oregon or, if the parties agree, according to any other
procedure. Any judgment upon the award rendered by the
arbitrators may be entered in any court having jurisdiction
thereof provided, however, the costs to the insured of the
arbitration proceeding shall not exceed $100 and that all other
costs of arbitration shall be borne by the insurer. 'Costs' as
used in this provision shall not include attorney fees or
expenses incurred in the production of evidence or witnesses or
the making of transcripts of the arbitration proceedings. Such
person and the insurer each agree to consider themselves bound
and to be bound by any award made by the arbitrators pursuant to
this coverage in the event of such election. At the election of
the insured, such arbitration shall be held:
(a) In the county and state of residence of the insured;
(b) In the county and state where the insured's cause of action
against the uninsured motorist arose; or
(c) At any other place mutually agreed upon by the insured and
the insurer.
(11) In the event of payment to any person under this coverage:
(a) The insurer shall be entitled to the extent of such payment
to the proceeds of any settlement or judgment that may result
from the exercise of any rights of recovery of such person
against any uninsured motorist legally responsible for the bodily
injury because of which such payment is made;
(b) Such person shall hold in trust for the benefit of the
insurer all rights of recovery which the person shall have
against such other uninsured person or organization because of
the damages which are the subject of claim made under this
coverage, but only to the extent that such claim is made or paid
herein;
(c) If the insured is injured by the joint or concurrent act or
acts of two or more persons, one or more of whom is uninsured,
the insured shall have the election to receive from the insurer
any payment to which the insured would be entitled under this
coverage by reason of the act or acts of the uninsured motorist,
or the insured may, with the written consent of the insurer,
proceed with legal action against any or all persons claimed to
be liable to the insured for such injuries. If the insured elects
to receive payment from the insurer under this coverage, then the
insured shall hold in trust for the benefit of the insurer all
rights of recovery the insured shall have against any other
person, firm or organization because of the damages which are the
subject of claim made under this coverage, but only to the extent
of the actual payment made by the insurer;
(d) Such person shall do whatever is proper to secure and shall
do nothing after loss to prejudice such rights;
(e) If requested in writing by the insurer, such person shall
take, through any representative not in conflict in interest with
such person, designated by the insurer, such action as may be
necessary or appropriate to recover such payment as damages from
such other uninsured person or organization, such action to be
taken in the name of such person, but only to the extent of the
payment made hereunder. In the event of a recovery, the insurer
shall be reimbursed out of such recovery for expenses, costs and
attorney fees incurred by it in connection therewith; and
(f) Such person shall execute and deliver to the insurer such
instruments and papers as may be appropriate to secure the rights
and obligations of such person and the insurer established by
this provision.
(12)(a) The parties to this coverage agree that no cause of
action shall accrue to the insured under this coverage unless
within two years from the date of the accident:
(A) Agreement as to the amount due under the policy has been
concluded;
(B) The insured or the insurer has formally instituted
arbitration proceedings;
(C) The insured has filed an action against the insurer in a
court of competent jurisdiction; or
(D) Suit for bodily injury has been filed against the uninsured
motorist in a court of competent jurisdiction and, within two
years from the date of settlement or final judgment against the
uninsured motorist, the insured has formally instituted
arbitration proceedings or filed an action against the insurer in
a court of competent jurisdiction.
(b) For purposes of this subsection:
(A) 'Date of settlement' means the date on which a written
settlement agreement or release is signed by an insured or, in
the absence of such documents, the date on which the insured or
the attorney for the insured receives payment of any sum required
by the settlement agreement. An advance payment as defined in ORS
18.500 shall not be deemed a payment of a settlement for purposes
of the time limitation in this subsection.
(B) 'Final judgment' means a judgment that has become final by
lapse of time for appeal or by entry in an appellate court of an
appellate judgment.
SECTION 156. ORS 742.508 is amended to read:
742.508. As used in this section and ORS 742.510:
(1) 'Covered motor vehicle' means a private passenger motor
vehicle or a self-propelled mobile home that is owned by the
named insured for which a premium has been paid for coverage
under this section and ORS 742.510.
(2) 'Insured vehicle' means a motor vehicle described in the
declarations for which a specific premium charge indicates that
underinsured motorists coverage is afforded but the term '
insured vehicle' shall not include a vehicle while used as a
public or livery conveyance.
(3) 'Private passenger motor vehicle' means a four-wheel
passenger or station wagon type motor vehicle not more than 12
years old and not used as a public or livery conveyance, and
includes any other four-wheel motor vehicle of the utility,
pickup body, sedan delivery or panel truck type not used for
wholesale or retail delivery.
(4)(a) 'Uninsured vehicle' means:
(A) A vehicle with respect to the ownership, maintenance or use
of which there is no collectible property damage insurance or
bond, in at least the amounts or limits prescribed under ORS
806.070 (2)(c) applicable at the time of the accident with
respect to any person or organization legally responsible for the
use of such vehicle, or with respect to which there is such
collectible insurance or bond applicable at the time of the
accident but the insurance company writing the same denies
coverage thereunder or, within two years of the date of the
accident, such company writing the same becomes voluntarily or
involuntarily declared bankrupt or for which a receiver is
appointed or becomes insolvent. It shall be a disputable
presumption that a vehicle is uninsured in the event the insured
and the insurer, after reasonable efforts, fail to discover
within 90 days from the date of the accident, the existence of
valid and collectible property damage insurance or bond
applicable at the time of the accident.
(B) A hit-and-run vehicle as defined in subsection (5) of this
section.
(C) A phantom vehicle as defined in subsection (5) of this
section.
(b) As used in this section and ORS 742.510, 'uninsured
vehicle' does not include:
(A) An insured vehicle;
(B) A vehicle which is owned or operated by a self-insurer
within the meaning of any motor vehicle financial responsibility
law, motor carrier law or any similar law;
(C) A vehicle which is owned by the United States of America,
Canada, a state, a political subdivision of any such government
or an agency of any of the foregoing;
(D) A land motor vehicle or trailer, if operated on rails or
crawler-treads or while located for use as a residence or
premises and not as a vehicle;
(E) A farm-type tractor or equipment designed for use
principally off public roads, except while actually upon public
roads; or
(F) A vehicle owned by or furnished for the regular or frequent
use of the insured or any member of the household of the insured.
(5) As used in this section:
(a) 'Hit-and-run vehicle' means a vehicle that causes damage to
the covered vehicle of an insured arising out of physical contact
between the vehicles, provided:
(A) There cannot be ascertained the identity of either the
operator or the owner of such hit-and-run vehicle;
(B) The insured or someone on behalf of the insured reports the
accident within 72 hours to a police, peace or judicial officer,
to the Department of { - Transportation - } { + Revenue + }
or to the equivalent department in the state where the accident
occurred, and files with the insurer within 30 days thereafter a
statement under oath that the insured or the legal representative
of the insured has a cause or causes of action arising out of
such accident for damages against a person or persons whose
identity is unascertainable, and setting forth the facts in
support thereof; and
(C) At the insurer's request, the insured or the legal
representative of the insured makes available for inspection the
vehicle which was insured at the time of the accident.
(b) 'Phantom vehicle' means a vehicle that causes damage to the
covered vehicle of an insured, although there is no physical
contact between the vehicles, provided:
(A) There cannot be ascertained the identity of either the
operator or the owner of such phantom vehicle;
(B) The facts of such accident can be corroborated by competent
evidence other than the testimony of the insured or any passenger
in the insured motor vehicle; and
(C) The insured or someone on behalf of the insured shall have
reported the accident within 72 hours to a police, peace or
judicial officer, to the Department of { - Transportation - }
{ + Revenue + } or to the equivalent department in the state
where the accident occurred, and shall have filed with the
insurer within 30 days thereafter a statement under oath that the
insured or the legal representative of the insured has a cause or
causes of action arising out of such accident for damages against
a person or persons whose identity is unascertainable, and
setting forth the facts in support thereof.
SECTION 157. ORS 742.580 is amended to read:
742.580. Every insurer that issues motor vehicle insurance that
is designed to meet either the financial or future responsibility
requirements of ORS chapter 806 shall report to the Department of
{ - Transportation - } { + Revenue + } within 30 days of the
day that a person or the insurer cancels or fails to renew such a
policy and within 15 days of the day that an insurer issues such
a policy. The insurer shall report the person's name and
residence address, the vehicle identification number of each
vehicle covered by the policy, whether the policy was bought,
canceled or not renewed and any other information required by the
department by rule under ORS 806.195.
SECTION 158. ORS 802.100 is amended to read:
802.100. The following accounts are established separate and
distinct from the General Fund for the financial administration
of those functions of the Department of { - Transportation - }
{ + Revenue + } dealing with driver and motor vehicle services
in accordance with ORS 802.110:
(1) The { - Department of Transportation - } Driver and
Motor Vehicle Suspense Account. The account established under
this subsection is a suspense account in the State Treasury that
is used to deposit moneys received by the department related to
driver and motor vehicle services and to make approved payments
and disbursals of funds before the department pays administrative
expenses related to the provision of driver and motor vehicle
services. The department shall transfer the money that is not to
be used to make approved payments and disbursals from the account
established under this subsection and that remains in the account
at the close of business on the last day of each month to the
{ - Department of Transportation - } Driver and Motor Vehicle
Services Administrative Account on or before the 15th day of the
following month.
(2) The { - Department of Transportation - } Driver and
Motor Vehicle Services Administrative Account. The account
established under this subsection shall be used for the payment
of administrative expenses payable before money from the account
is transferred to the State Highway Fund. The department shall
transfer the money that is not to be used to make payments from
the account established under this subsection and that remains in
the account at the close of business on the last day of each
month to the State Highway Fund on or before the 15th day of the
following month.
(3) Environmental Quality Information Account. The account
established under this subsection is a separate account in the
State Treasury that shall be used to deposit moneys received from
the sale of customized registration plates under ORS 805.240.
Moneys in the account shall be used for programs under ORS
366.157. Moneys shall be deposited in the account after payment
of administrative expenses as provided under ORS 802.110.
(4) The Revolving Account for Emergency Cash Advances. The
account established under this subsection is a separate account
that shall be maintained for the payment of emergency cash
advances and taking up of dishonored remittances. The account
established under this subsection is a continuation of the
revolving fund established by section 1, chapter 89, Oregon Laws
1931.
SECTION 159. ORS 802.155 is amended to read:
802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. Moneys shall be paid
into the fund as provided in ORS 137.303 and 802.110. Interest
earned by the fund shall be credited to the fund.
(2) The moneys deposited in the Safety Education Fund under ORS
802.110 are continuously appropriated to the office of the
Director of the Department of { - Transportation - } { +
Revenue + }. The director may enter into a contract with Oregon
State University under which moneys in the fund will be
transferred to the university for the Oregon Student Safety on
the Move program.
(3) The moneys deposited in the Safety Education Fund under ORS
137.303 are continuously appropriated to the { - office of the
manager of the Transportation Safety section of the - }
Department of
{ - Transportation - } { + Revenue + } to be used for safety
education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college
ages;
(b) That have been recipients of funds under 23 U.S.C.s402 for
at least three years;
(c) That are found by the { - Transportation Safety
section - } { + Department of Revenue + } to be effective, as
measured by the three-year reporting cycle funded under 23
U.S.C.s402; and
(d) That operate statewide.
SECTION 160. ORS 802.300 is amended to read:
802.300. (1) The Transportation Safety Committee is created
within the Department of { - Transportation - } { +
Revenue + } to advise the department { - and the Oregon
Transportation Commission - } concerning the functions described
under ORS 802.310 and to perform any other functions related to
transportation safety that the { - commission - } { +
department + } delegates. The committee established under this
section shall consist of five members appointed by the Governor
on the recommendation of the { - commission - } { +
department + }. The term of office of each member is four years.
Before the expiration of the term of a member, the Governor shall
appoint a successor. A member is eligible for reappointment. In
case of a vacancy for any cause, the Governor shall appoint a
person to fill the office for the unexpired term.
(2) The Governor shall appoint one member of the committee
established under this section as the chair and another member as
vice chair.
(3) A member of the committee established under this section is
entitled to compensation and expenses as provided under ORS
292.495.
(4) The Director of { - Transportation - } { + the
Department of Revenue + } may appoint assistants, consultants,
clerical staff and other employees needed to carry out the
purposes of the committee but shall, as much as possible,
consolidate the staff and coordinate the activities of the
committee with other staff and activities of the department.
SECTION 161. ORS 802.310 is amended to read:
802.310. (1) The { - manager for transportation safety - }
{ + Director of the Department of Revenue + } shall serve as
the Governor's representative for highway safety in conformity
with the Federal Highway Safety Act of 1966. The Director of
{ - Transportation and the Oregon Transportation Commission - }
{ + the Department of Revenue + } shall be responsible to the
Governor for the administration of the state transportation
safety programs. All reports and recommendations relating to
program evaluations, assignment of responsibilities and approval
of plans and activities shall be provided to the Governor by the
{ - commission - } { + director + }.
(2) The Department of { - Transportation - } { +
Revenue + }, in consultation with the Transportation Safety
Committee, shall do the following:
(a) Organize, plan and conduct a statewide transportation
safety program.
(b) Coordinate general activities and programs of the several
departments, divisions or agencies of the state engaged in
promoting transportation safety.
(c) Provide transportation safety information and develop other
measures of public information.
(d) Cooperate fully with all national, local, public and
private agencies and organizations interested in the promotion of
transportation safety.
(e) Serve as a clearinghouse for all transportation safety
materials and information used throughout the state.
(f) Cooperate in promoting research, special studies and
analysis of problems concerning transportation safety.
(g) Make studies and suitable recommendations to the
legislature concerning safety regulations and laws.
(3) The department shall review plans and applications for
participation by counties and cities in the Federal Government
highway safety programs conducted under the Federal Highway
Safety Act of 1966 and any amendments thereto. The committee
shall make recommendations to the department regarding the
approval of plans and applications under ORS 802.315.
SECTION 162. ORS 811.606 is amended to read:
811.606. The Department of { - Transportation - }
{ + Revenue + } may issue a placard with identifying information
and showing an expiration date not to exceed six months after the
date of issuance for use by temporarily disabled persons upon
submission by the applicant of a certificate described in ORS
811.604 except that it certifies that the applicant is
temporarily disabled for less than four years, accompanied by the
fee as provided under ORS 811.640. An applicant for a temporary
permit need not have a driver license, permit or identification
card. The fees collected under this section shall be deposited to
the credit of the { - Department of Transportation - } Driver
and Motor Vehicle Suspense Account.
SECTION 163. ORS 815.045 is amended to read:
815.045. (1) The { - Oregon Transportation Commission - }
{ + Department of Revenue + } shall adopt rules necessary to
carry out ORS 815.140. The rules adopted by the
{ - commission - } { + department + }:
(a) Shall establish the various types of conditions under which
vehicle traction tires or chains must be used.
(b) Shall define types of vehicle traction tires or chains that
may be used under various road conditions. The
{ - commission - } { + department + } rules under this
paragraph shall comply with the following:
(A) Traction tire shall be defined to include any tire that
meets traction standards established by the department { - of
Transportation - } .
(B) Tires with studs that are permitted under ORS 815.165 shall
be allowed as traction tires under the rules.
(C) The department may require that traction tires without
studs bear identifying marks, defined by the department, that
indicate that the tire was manufactured specifically for adverse
weather conditions.
(D) Chains shall be defined to include link chains, cable
chains or any other device that attaches to the wheel, vehicle or
outside of the tire and that augments the traction of a vehicle.
(c) Shall establish signs to be posted under conditions that
require vehicle traction tires or chains.
(d) May establish types or classes of vehicles that are exempt
from requirements to use vehicle traction tires or chains under
certain conditions if the { - commission - } { +
department + } determines that the operation of the class or type
of vehicle would be safe under those conditions.
(2) A road authority shall:
(a) Determine when conditions on a segment of highway require
the use of vehicle traction tires or chains as defined by the
{ - commission - } { + department + };
(b) Determine which segments of a highway shall be posted as
described under this section to require vehicle traction tires or
chains; and
(c) Provide for the placement and removal of signs requiring
the use of vehicle traction tires or chains.
SECTION 164. ORS 822.080 is amended to read:
822.080. (1) Civil penalties under ORS 822.009 or 822.075 shall
be imposed in the manner provided in ORS 183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 or 822.075:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
{ - Transportation - } { + Revenue + } within 20 days from
the date of service of the notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 or
822.075 shall be conducted before a representative of the
department.
{ - (4) The department may, at its option, assign any unpaid
civil penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected. - }
{ - (5) - } { + (4) + } All civil penalties received under
ORS 822.009 or 822.075 shall be paid into the State Treasury each
month and credited to the { - Department of Transportation - }
Driver and Motor Vehicle Suspense Account.
SECTION 165. ORS 822.110 is amended to read:
822.110. The Department of { - Transportation - }
{ + Revenue + } shall issue a wrecker certificate to any person
if the person meets all of the following requirements:
(1) The person must establish that the area approved under the
wrecker certificate for use in the wrecking business meets one of
the following criteria:
(a) The area is more than 1,100 feet from the nearest edge of
the right of way of any state highway.
(b) The business conducted within the area is hidden or
adequately screened by the terrain or other natural objects or by
plantings, fences or other appropriate means, so as not to be
visible from the main traveled way of the highway, in accordance
with rules adopted by the Director of { - Transportation - }
{ + the Highway Department + }.
(c) The area and the business thereon are located in an area
zoned for industrial use under authority of the laws of this
state.
(2) The person must pay the fee required under ORS 822.700 for
issuance of a wrecker certificate.
(3) The person must complete the application for a wrecker
certificate described under ORS 822.115.
(4) The person must deliver to the { - department - }
{ + Department of Revenue + } any approvals by local governments
required under ORS 822.140.
(5) The person must deliver to the { - department - } { +
Department of Revenue + } a bond or letter of credit that meets
the requirements of ORS 822.120.
SECTION 166. ORS 822.135 is amended to read:
822.135. (1) A person commits the offense of improperly
conducting a wrecking business if the person holds a wrecker
certificate issued under ORS 822.110 and the person does any of
the following:
(a) Fails to permanently exhibit the wrecker certificate at the
place of business of the person at all times while the
certificate is in force.
(b) Expands the dimensions of or moves any of the person's
places of business or opens any additional places of business
without obtaining a supplemental wrecker certificate by the
procedure under ORS 822.125.
(c) Fails to maintain records at the person's established place
of business that record and describe the following:
(A) Every motor vehicle purchased, transferred, wrecked,
dismantled, disassembled or substantially altered by the person;
(B) The name and address of the person to and from whom the
vehicle was transferred;
(C) The vehicle identification number and other identification
marks or numbers on the vehicle; and
(D) A statement indicating any such numbers or marks that have
been obliterated, defaced or changed.
(d) Except as otherwise provided, fails to have in the person's
possession a duly assigned certificate of title or other primary
ownership document or notification of award or purchase for a
motor vehicle from the time the vehicle is delivered to the
person until the person disposes of the vehicle. If no
certificate of title or primary ownership record in the form of a
document has been issued for the vehicle, the person shall comply
with rules adopted by the Department of { - Transportation - }
{ + Revenue + } for documents the person is required to keep. If
the certificate of title has been surrendered, the person must
have a notification of award or purchase in order to comply with
the provisions of this paragraph. If the vehicle is delivered to
the person under the provisions of ORS 819.215, a copy of the
notification to the Department { + of Revenue + } under ORS
819.215 is sufficient to comply with the provisions of this
paragraph.
(e) Refuses, at any time, to allow a police officer to inspect
the books, records, inventory or premises of the person's
wrecking business.
(f) Fails to maintain, for the purposes of the person's
wrecking business, a building or an enclosure or other barrier at
least six feet in height that is constructed, established or
formed in compliance with rules adopted by the
{ - department - } { + Director of the Highway Department + }.
(g) Fails to keep the premises on the outside of the
establishment clear and clean at all times.
(h) Conducts any wrecking, dismantling or altering of vehicles
outside the building, enclosure or barrier on the premises of the
business.
(i) Except as otherwise provided in this paragraph, stores any
vehicles or vehicle parts or conducts the business outside of the
building, enclosure or barrier on the premises of the business. A
person is not in violation of this paragraph if the person
complies with the following limits:
(A) In an area zoned by the city or county for industrial use,
a wrecking business may display and offer for sale motor vehicle
parts or nonoperating vehicles outside the enclosure or barrier
in a single defined area limited to not more than five percent of
the total area of the business and if no more than eight vehicles
are displayed.
(B) In an area zoned by the city or county for any use other
than industrial use, a wrecking business may offer not more than
four vehicles for sale in an area outside of the building,
enclosure or barrier.
(j) Fails to immediately file with the Department { + of
Revenue + }, upon transfer of a wrecked or dismantled vehicle,
the form furnished by the department to report the date of
transfer, a description of the vehicle, the name and address of
the purchaser and other information respecting the vehicle
required by the department.
(k) Except as otherwise provided in this paragraph, fails to
keep the business hidden or adequately screened by the terrain or
other natural objects or by plantings, fences or other
appropriate means so as not to be visible from the main traveled
way of the highway in accordance with the rules of the Director
of
{ - Transportation - } { + the Highway Department + }. This
paragraph does not apply to a business that is:
(A) Farther than 1,100 feet from the nearest edge of the right
of way of any state highway;
(B) Located in an area zoned for industrial use under authority
of the laws of this state; or
(C) A business established before June 30, 1967.
(L) Expands or moves any place of business approved under a
wrecker certificate or opens any additional locations for the
wrecking business without obtaining a supplemental certificate
under ORS 822.125 or obtaining an additional wrecker certificate.
(m) Fails to allow the Department { + of Revenue + } to
conduct inspections as provided under ORS 822.130.
(2) The offense described in this section, improperly
conducting a wrecking business, is a Class A misdemeanor.
SECTION 167. ORS 830.790 is amended to read:
830.790. (1) The biennial fee for the original or renewal
certificate of number or registration shall be for:
(a) Motorboats less than 12 feet in length, $11.
(b) Motorboats and sailboats 12 feet in length or more but less
than 16 feet, $17.
(c) Motorboats and sailboats 16 feet in length or more but less
than 20 feet, $21.
(d) Motorboats and sailboats 20 feet or more in length, $21,
plus $2 for each foot or part of a foot in excess of 20 feet in
length.
(e) Boats that are assessed by the Department of Revenue under
ORS 308.505 to 308.665, $6.
(f) Amphibious vehicles that are licensed by the Department of
{ - Transportation - } { + Revenue + }, $6.
(g) Boats owned by eleemosynary organizations which are
operated primarily as a part of organized activities for the
purpose of teaching youths scoutcraft, camping, seamanship,
self-reliance, patriotism, courage and kindred virtues, no fee
required.
(2) Except for the licenses referred to in subsection (1)(e) of
this section, the fees provided by this section are in lieu of
any other tax or license fee.
(3) The operator of a boat livery holding five or more boats
ready for hire may pay a biennial certificate of number fee of
$55 plus $6 for each boat instead of the fee otherwise provided
in this section.
SECTION 168. ORS 830.790, as amended by section 1, chapter 432,
Oregon Laws 1997, is amended to read:
830.790. (1) The biennial fee for the original or renewal
certificate of number or registration shall be for:
(a) Motorboats less than 12 feet in length and less than 30
horsepower, $15.
(b) Motorboats less than 12 feet in length and 30 or more
horsepower, $25.
(c) Motorboats and sailboats 12 feet in length or more but less
than 16 feet, $21.
(d) Motorboats and sailboats 16 feet in length or more but less
than 20 feet, $25.
(e) Motorboats and sailboats 20 feet or more in length, $30,
plus $2 for each foot or part of a foot in excess of 20 feet in
length.
(f) Boats that are assessed by the Department of Revenue under
ORS 308.505 to 308.665, $6.
(g) Amphibious vehicles that are licensed by the Department of
{ - Transportation - } { + Revenue + }, $6.
(h) Boats owned by eleemosynary organizations which are
operated primarily as a part of organized activities for the
purpose of teaching youths scoutcraft, camping, seamanship,
self-reliance, patriotism, courage and kindred virtues, no fee
required.
(2) Except for the licenses referred to in subsection (1)(f) of
this section, the fees provided by this section are in lieu of
any other tax or license fee.
(3) The operator of a boat livery holding five or more boats
ready for hire may pay a biennial certificate of number fee of
$55 plus $6 for each boat instead of the fee otherwise provided
in this section.
SECTION 169. { + Nothing in the amendments to ORS 830.790 by
section 167 or 168 of this 1999 Act affects the applicability
date provisions of section 2, chapter 432, Oregon Laws 1997. + }
SECTION 170. ORS 830.810 is amended to read:
830.810. (1) Except as otherwise provided in this subsection,
no person shall operate a boat for which an identifying number is
required under ORS 830.705, 830.710, 830.770, 830.780 to 830.805
and 830.830 to 830.870, unless the owner has secured from the
State Marine Board a certificate of title for the boat. This
subsection does not apply to operation of:
(a) Amphibious vehicles that have a valid title issued by the
Department of { - Transportation - } { + Revenue + }.
(b) A boat for which an identifying number issued under ORS
830.830 is required.
(2) A certificate of title is prima facie evidence of the
ownership of a boat or a security interest therein. A certificate
of title is good for the life of the boat so long as the
certificate is owned or held by the legal holder of the
certificate.
(3) The board shall establish, by rule, the fee for title
issuance, duplication of title, duplication of certificate of
number or registration and duplication of validation stickers. In
no event shall any particular fee exceed $7.
(4) The board also shall establish, by rule, penalty fees for
late application for certificates required by this section or ORS
830.710. In no event shall a penalty fee exceed $50.
(5) Rules adopted pursuant to this section shall be in
accordance with the provisions of ORS 183.310 to 183.550.
SECTION 171. ORCP 7 D, as amended by the Council on Court
Procedures on December 12, 1998, is amended to read:
D Manner of service.
D(1) Notice required. Summons shall be served, either within or
without this state, in any manner reasonably calculated, under
all the circumstances, to apprise the defendant of the existence
and pendency of the action and to afford a reasonable opportunity
to appear and defend. Summons may be served in a manner specified
in this rule or by any other rule or statute on the defendant or
upon an agent authorized by appointment or law to accept service
of summons for the defendant. Service may be made, subject to the
restrictions and requirements of this rule, by the following
methods: personal service of summons upon defendant or an agent
of defendant authorized to receive process; substituted service
by leaving a copy of summons and complaint at a person's dwelling
house or usual place of abode; office service by leaving with a
person who is apparently in charge of an office; service by mail;
or, service by publication.
D(2) Service methods.
D(2)(a) Personal service. Personal service may be made by
delivery of a true copy of the summons and a true copy of the
complaint to the person to be served.
D(2)(b) Substituted service. Substituted service may be made by
delivering a true copy of the summons and the complaint at the
dwelling house or usual place of abode of the person to be
served, to any person 14 years of age or older residing in the
dwelling house or usual place of abode of the person to be
served. Where substituted service is used, the plaintiff, as soon
as reasonably possible, shall cause to be mailed, by first class
mail, a true copy of the summons and the complaint to the
defendant at defendant's dwelling house or usual place of abode,
together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing any
period of time prescribed or allowed by these rules or by
statute, substituted service shall be complete upon such mailing.
D(2)(c) Office service. If the person to be served maintains an
office for the conduct of business, office service may be made by
leaving a true copy of the summons and the complaint at such
office during normal working hours with the person who is
apparently in charge. Where office service is used, the
plaintiff, as soon as reasonably possible, shall cause to be
mailed, by first class mail, a true copy of the summons and the
complaint to the defendant at the defendant's dwelling house or
usual place of abode or defendant's place of business or such
other place under the circumstances that is most reasonably
calculated to apprise the defendant of the existence and pendency
of the action, together with a statement of the date, time, and
place at which office service was made. For the purpose of
computing any period of time prescribed or allowed by these rules
or by statute, office service shall be complete upon such
mailing.
D(2)(d) Service by mail.
D(2)(d)(i) Generally. When required or allowed by this rule or
by statute, except as otherwise permitted, service by mail shall
be made by mailing a true copy of the summons and the complaint
to the defendant by first class mail and by any of the following:
certified or registered mail, return receipt requested, or
express mail. For purposes of this section, 'first class mail'
does not include certified or registered, or any other form of
mail which may delay or hinder actual delivery of mail to the
addressee.
D(2)(d)(ii) Calculation of time. For the purpose of computing
any period of time provided by these rules or by statute, service
by mail, except as otherwise provided, shall be complete on the
day the defendant signs a receipt for the mailing, or three days
after the mailing if mailed to an address within the state, or
seven days after the mailing if mailed to an address outside of
the state, whichever first occurs.
D(3) Particular defendants. Service may be made upon specified
defendants as follows:
D(3)(a) Individuals.
D(3)(a)(i) Generally. Upon an individual defendant, by personal
service upon such defendant or an agent authorized by appointment
or law to receive service of summons or, if defendant personally
cannot be found at defendant's dwelling house or usual place of
abode, then by substituted service or by office service upon such
defendant or agent. Service may also be made upon an individual
defendant to whom neither subparagraph (ii) nor (iii) of this
paragraph applies by mailing made in accordance with paragraph
(2)(d) of this section provided the defendant signs a receipt for
the certified, registered or express mailing, in which case
service shall be complete on the date on which the defendant
signs a receipt for the mailing.
D(3)(a)(ii) Minors. Upon a minor under the age of 14 years, by
service in the manner specified in subparagraph (i) of this
paragraph upon such minor, and also upon such minor's father,
mother, conservator of the minor's estate, or guardian, or, if
there be none, then upon any person having the care or control of
the minor or with whom such minor resides, or in whose service
such minor is employed, or upon a guardian ad litem appointed
pursuant to Rule 27 A(2).
D(3)(a)(iii) Incapacitated persons. Upon a person who is
incapacitated or financially incapable, as defined by ORS
125.005, by service in the manner specified in subparagraph (i)
of this paragraph upon such person, and also upon the conservator
of such person's estate or guardian, or, if there be none, upon a
guardian ad litem appointed pursuant to Rule 27 B(2).
D(3)(a)(iv) Tenant of a mail agent. Upon an individual
defendant who is a 'tenant' of a 'mail agent' within the meaning
of ORS 646.221 by delivering a true copy of the summons and the
complaint to any person apparently in charge of the place where
the mail agent receives mail for the tenant, provided that:
(A) the plaintiff makes a diligent inquiry but cannot find the
defendant; and
(B) the plaintiff, as soon as reasonably possible after
delivery, causes a true copy of the summons and the complaint to
be mailed by first class mail to the defendant at the address at
which the mail agent receives mail for the defendant and to any
other mailing address of the defendant then known to the
plaintiff, together with a statement of the date, time, and place
at which the plaintiff delivered the copy of the summons and the
complaint.
Service shall be complete on the latest date resulting from the
application of subparagraph D(2)(d)(ii) of this rule to all
mailings required by this subparagraph unless the defendant signs
a receipt for the mailing, in which case service is complete on
the day the defendant signs the receipt.
D(3)(b) Corporations and limited partnerships. Upon a domestic
or foreign corporation or limited partnership:
D(3)(b)(i) Primary service method. By personal service or
office service upon a registered agent, officer, director,
general partner, or managing agent of the corporation or limited
partnership, or by personal service upon any clerk on duty in the
office of a registered agent.
D(3)(b)(ii) Alternatives. If a registered agent, officer,
director, general partner, or managing agent cannot be found in
the county where the action is filed, the summons may be served:
by substituted service upon such registered agent, officer,
director, general partner, or managing agent; or by personal
service on any clerk or agent of the corporation or limited
partnership who may be found in the county where the action is
filed; or by mailing a copy of the summons and complaint to the
office of the registered agent or to the last registered office
of the corporation or limited partnership, if any, as shown by
the records on file in the office of the Secretary of State or,
if the corporation or limited partnership is not authorized to
transact business in this state at the time of the transaction,
event, or occurrence upon which the action is based occurred, to
the principal office or place of business of the corporation or
limited partnership, and in any case to any address the use of
which the plaintiff knows or, on the basis of reasonable inquiry,
has reason to believe is most likely to result in actual notice.
D(3)(c) State. Upon the state, by personal service upon the
Attorney General or by leaving a copy of the summons and
complaint at the Attorney General's office with a deputy,
assistant, or clerk.
D(3)(d) Public bodies. Upon any county, incorporated city,
school district, or other public corporation, commission, board
or agency, by personal service or office service upon an officer,
director, managing agent, or attorney thereof.
D(3)(e) General partnerships. Upon any general partnerships by
personal service upon a partner or any agent authorized by
appointment or law to receive service of summons for the
partnership.
D(3)(f) Other unincorporated association subject to suit under
a common name. Upon any other unincorporated association subject
to suit under a common name by personal service upon an officer,
managing agent, or agent authorized by appointment or law to
receive service of summons for the unincorporated association.
D(3)(g) Vessel owners and charterers. Upon any foreign
steamship owner or steamship charterer by personal service upon a
vessel master in such owner's or charterer's employment or any
agent authorized by such owner or charterer to provide services
to a vessel calling at a port in the State of Oregon, or a port
in the State of Washington on that portion of the Columbia River
forming a common boundary with Oregon.
D(4) Particular actions involving motor vehicles.
D(4)(a) Actions arising out of use of roads, highways, and
streets; service by mail.
D(4)(a)(i) In any action arising out of any accident,
collision, or other event giving rise to liability in which a
motor vehicle may be involved while being operated upon the
roads, highways, or streets of this state, if the plaintiff makes
at least one attempt to serve the defendant who operated such
motor vehicle, or caused it to be operated on the defendant's
behalf, by a method authorized by subsection (3) of this section
except service by mail pursuant to subparagraph (3)(a)(i) of this
section and, as shown by its return, did not effect service, the
plaintiff may then serve that defendant by mailings made in
accordance with paragraph (2)(d) of this section addressed to
that defendant at:
(A) any residence address provided by that defendant at the
scene of the accident;
(B) the current residence address, if any, of that defendant
shown in the driver records of the Department of
{ - Transportation - } { + Revenue + }; and
(C) any other address of that defendant known to the plaintiff
at the time of making the mailings required by (A) and (B) that
reasonably might result in actual notice to that defendant.
Sufficient service pursuant to this subparagraph may be shown
if the proof of service includes a true copy of the envelope in
which each of the certified, registered or express mailings
required by (A), (B) and (C) above was made showing that it was
returned to sender as undeliverable or that the defendant did not
sign the receipt. For the purpose of computing any period of time
prescribed or allowed by these rules or by statute, service under
this subparagraph shall be complete on the latest date on which
any of the mailings required by (A), (B) and (C) above is made.
If the mailing required by (C) is omitted because the plaintiff
did not know of any address other than those specified in (A) and
(B) above, the proof of service shall so certify.
D(4)(a)(ii) Any fee charged by the Department of
{ - Transportation - } { + Revenue + } for providing address
information concerning a party served pursuant to subparagraph
(i) of this paragraph may be recovered as provided in Rule 68.
(D)(4)(a)(iii) The requirements for obtaining an order of
default against a defendant served pursuant to subparagraph (i)
of this paragraph are as provided in Rule 69.
D(4)(b) Notification of change of address. Every motorist or
user of the roads, highways or streets of this state who, while
operating a motor vehicle upon the roads, highways, or streets of
this state, is involved in any accident, collision, or other
event giving rise to liability, shall forthwith notify the
Department of
{ - Transportation - } { + Revenue + } of any change of such
defendant's address occurring within three years after such
accident, collision or event.
D(5) Service in foreign country. When service is to be effected
upon a party in a foreign country, it is also sufficient if
service of summons is made in the manner prescribed by the law of
the foreign country for service in that country in its courts of
general jurisdiction, or as directed by the foreign authority in
response to letters rogatory, or as directed by order of the
court. However, in all cases such service shall be reasonably
calculated to give actual notice.
D(6) Court order for service; service by publication.
D(6)(a) Court order for service by other method. On motion upon
a showing by affidavit that service cannot be made by any method
otherwise specified in these rules or other rule or statute, the
court, at its discretion, may order service by any method or
combination of methods which under the circumstances is most
reasonably calculated to apprise the defendant of the existence
and pendency of the action, including but not limited to:
publication of summons; mailing without publication to a
specified post office address of the defendant by first class
mail and by any of the following: certified or registered mail,
return receipt requested, or express mail; or posting at
specified locations. If service is ordered by any manner other
than publication, the court may order a time for response.
D(6)(b) Contents of published summons. In addition to the
contents of a summons as described in section C of this rule, a
published summons shall also contain a summary statement of the
object of the complaint and the demand for relief, and the notice
required in subsection C(3) shall state: 'The 'motion' or '
answer' (or 'reply') must be given to the court clerk or
administrator within 30 days of the date of first publication
specified herein along with the required filing fee.' The
published summons shall also contain the date of the first
publication of the summons.
D(6)(c) Where published. An order for publication shall direct
publication to be made in a newspaper of general circulation in
the county where the action is commenced or, if there is no such
newspaper, then in a newspaper to be designated as most likely to
give notice to the person to be served. Such publication shall be
four times in successive calendar weeks. If the plaintiff knows
of a specific location other than the county where the action is
commenced where publication might reasonably result in actual
notice to the defendant, the plaintiff shall so state in the
affidavit required by paragraph (a) of this subsection, and the
court may order publication in a comparable manner at such
location in addition to, or in lieu of, publication in the county
where the action is commenced.
D(6)(d) Mailing summons and complaint. If the court orders
service by publication and the plaintiff knows or with reasonable
diligence can ascertain the defendant's current address, the
plaintiff shall mail a copy of the summons and the complaint to
the defendant at such address by first class mail and by any of
the following: certified or registered mail, return receipt
requested, or express mail. If the plaintiff does not know and
cannot upon diligent inquiry ascertain the current address of any
defendant, a copy of the summons and the complaint shall be
mailed by the methods specified above to the defendant at the
defendant's last known address. If the plaintiff does not know,
and cannot ascertain upon diligent inquiry, the defendant's
current and last known addresses, mailing of a copy of the
summons and the complaint is not required.
D(6)(e) Unknown heirs or persons. If service cannot be made by
another method described in this section because defendants are
unknown heirs or persons as described in sections I and J of Rule
20, the action shall proceed against the unknown heirs or persons
in the same manner as against named defendants served by
publication and with like effect; and any such unknown heirs or
persons who have or claim any right, estate, lien, or interest in
the property in controversy, at the time of the commencement of
the action, and served by publication, shall be bound and
concluded by the judgment in the action, if the same is in favor
of the plaintiff, as effectively as if the action was brought
against such defendants by name.
D(6)(f) Defending before or after judgment. A defendant against
whom publication is ordered or such defendant's representatives,
on application and sufficient cause shown, at any time before
judgment, shall be allowed to defend the action. A defendant
against whom publication is ordered or such defendant's
representatives may, upon good cause shown and upon such terms as
may be proper, be allowed to defend after judgment and within one
year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise
enforced, restitution may be ordered by the court, but the title
to property sold upon execution issued on such judgment, to a
purchaser in good faith, shall not be affected thereby.
D(6)(g) Defendant who cannot be served. Within the meaning of
this subsection, a defendant cannot be served with summons by any
method authorized by subsection D(3) of this section if: (i)
service pursuant to subparagraph (4)(a)(i) of this section is not
authorized, and the plaintiff attempted service of summons by all
of the methods authorized by subsection D(3) of this section and
was unable to complete service, or (ii) if the plaintiff knew
that service by such methods could not be accomplished.
SECTION 172. ORCP 68 A is amended to read:
A Definitions. As used in this rule:
A(1) Attorney fees. 'Attorney fees' are the reasonable value of
legal services related to the prosecution or defense of an
action.
A(2) Costs and disbursements. 'Costs and disbursements' are
reasonable and necessary expenses incurred in the prosecution or
defense of an action other than for legal services, and include
the fees of officers and witnesses; the expense of publication of
summonses or notices, and the postage where the same are served
by mail; any fee charged by the Department of
{ - Transportation - } { + Revenue + } for providing address
information concerning a party served with summons pursuant to
subparagraph D(4)(a)(i) of Rule 7; the compensation of referees;
the expense of copying of any public record, book, or document
admitted into evidence at trial; recordation of any document
where recordation is required to give notice of the creation,
modification or termination of an interest in real property; a
reasonable sum paid a person for executing any bond,
recognizance, undertaking, stipulation, or other obligation
therein; and any other expense specifically allowed by agreement,
by these rules, or by other rule or statute. The court, acting in
its sole discretion, may allow as costs reasonable expenses
incurred by a party for interpreter services. The expense of
taking depositions shall not be allowed, even though the
depositions are used at trial, except as otherwise provided by
rule or statute.
SECTION 173. ORCP 69 A is amended to read:
A Entry of order of default.
A(1) In general. When a party against whom a judgment for
affirmative relief is sought has been served with summons
pursuant to Rule 7 or is otherwise subject to the jurisdiction of
the court and has failed to plead or otherwise defend as provided
in these rules, the party seeking affirmative relief may apply
for an order of default. If the party against whom an order of
default is sought has filed an appearance in the action, or has
provided written notice of intent to file an appearance to the
party seeking an order of default, then the party against whom an
order of default is sought shall be served with written notice of
the application for an order of default at least 10 days, unless
shortened by the court, prior to entry of the order of default.
These facts, along with the fact that the party against whom the
order of default is sought has failed to plead or otherwise
defend as provided in these rules, shall be made to appear by
affidavit or otherwise, and upon such a showing, the clerk or the
court shall enter the order of default.
A(2) Certain motor vehicle cases. Notwithstanding subsection
A(1) of this section, no default shall be entered against a
defendant served with summons pursuant to subparagraph D(4)(a)(i)
of Rule 7 unless the plaintiff submits an affidavit showing:
A(2)(a) that the plaintiff has complied with subparagraph
D(4)(a)(i) of Rule 7; and
A(2)(b) either, if the identity of the defendant's insurance
carrier is known to the plaintiff or could be determined from any
records of the Department of { - Transportation - } { +
Revenue + } accessible to the plaintiff, that the plaintiff not
less than 30 days prior to the application for default mailed a
copy of the summons and the complaint, together with notice of
intent to apply for an order of default, to the insurance carrier
by first class mail and by any of the following: certified or
registered mail, return receipt requested, or express mail; or
that the identity of the defendant's insurance carrier is unknown
to the plaintiff.
{ +
PUBLIC TRANSIT; MOTOR CARRIERS + }
SECTION 174. { + (1) The duties, functions and powers of the
Department of Transportation regarding public transit and motor
carriers are transferred to and vested in the Department of
Consumer and Business Services.
(2) The Director of Transportation shall deliver to the
Director of the Department of Consumer and Business Services all
records and property within the jurisdiction of the Director of
Transportation that relate to the duties, functions and powers
transferred by this section, and shall transfer those employees
engaged primarily in the exercise of the duties, functions and
powers so transferred. The Director of the Department of Consumer
and Business Services shall take possession of such property, and
shall take charge of such employees and employ them in the
exercise of their duties, functions and powers transferred by
this section, without reduction of compensation but subject to
change or termination of employment or compensation as provided
by law. Any dispute as to transfers of property and employees
under this section shall be resolved by the Governor, and the
Governor's decision is final. + }
SECTION 175. { + All unexpended moneys appropriated or
otherwise available to the Department of Transportation for the
purposes of any of its duties, functions or powers transferred by
section 174 of this 1999 Act are appropriated and transferred to
the Department of Consumer and Business Services. + }
SECTION 176. { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the operative
date of section 174 of this 1999 Act by the Department of
Transportation with respect to the duties, functions or powers
transferred to the Department of Consumer and Business Services
by section 174 of this 1999 Act, and still pending on the
operative date of section 174 of this 1999 Act, may be conducted
and completed by the Department of Consumer and Business Services
in the same manner, under the same terms and conditions and with
the same effect as though undertaken, conducted or completed by
the Department of Transportation before the transfer. + }
SECTION 177. { + The transfer of duties, functions and powers
by section 174 of this 1999 Act does not relieve any person of
any obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
SECTION 178. { + The Department of Consumer and Business
Services is considered to be a continuation of the Department of
Transportation with respect to duties, functions and powers
transferred by section 174 of this 1999 Act, and not a new
authority, for the purpose of succession to all rights and
obligations of the Department of Transportation as constituted on
the operative date of section 174 of this 1999 Act, with the same
force and effect as if such duties, functions and powers had not
been transferred. + }
SECTION 179. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby regarding the duties, functions or
powers transferred by section 174 of this 1999 Act, reference is
made to the Department of Transportation or to an employee of the
Department of Transportation, such reference is considered to be
a reference to the Department of Consumer and Business Services
or an employee of the Department of Consumer and Business
Services.
(2) The lawful rules of the Department of Transportation with
respect to duties, functions or powers transferred by section 174
of this 1999 Act continue in effect until superseded or rescinded
by rules lawfully adopted by the Department of Consumer and
Business Services. + }
SECTION 180. { + In any statute or law compiled in ORS
chapters 825 and 826, in ORS 184.670 to 184.733, and in any law
enacted by the Seventieth Legislative Assembly that affects the
duties, functions or powers transferred by section 174 of this
1999 Act, for the purposes of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Department of
Transportation or the Oregon Transportation Commission, other
words designating the Department of Consumer and Business
Services and for words designating the Director of
Transportation, other words designating the Director of the
Department of Consumer and Business Services. + }
SECTION 181. ORS 164.805 is amended to read:
164.805. (1) A person commits the crime of offensive littering
if the person creates an objectionable stench or degrades the
beauty or appearance of property or detracts from the natural
cleanliness or safety of property by intentionally:
(a) Discarding or depositing any rubbish, trash, garbage,
debris or other refuse upon the land of another without
permission of the owner, or upon any public way or in or upon any
public transportation facility; { - or - }
(b) Draining, or causing or permitting to be drained, sewage or
the drainage from a cesspool, septic tank, recreational or
camping vehicle waste holding tank or other contaminated source,
upon the land of another without permission of the owner, or upon
any public way; or
(c) Permitting any rubbish, trash, garbage, debris or other
refuse to be thrown from a vehicle which the person is operating;
except that this subsection shall not apply to a person operating
a vehicle transporting passengers for hire subject to regulation
by the Interstate Commerce Commission or the Department of
{ - Transportation - } { + Consumer and Business Services + }
or a person operating a school bus described under ORS 801.460.
(2) As used in this section, 'public way' includes, but is not
limited to, roads, streets, alleys, lanes, trails, beaches, parks
and all recreational facilities operated by the state, a county
or a local municipality for use by the general public.
(3) As used in this section, 'public transportation facility'
has the meaning provided for in ORS 164.365.
(4) Offensive littering is a Class C misdemeanor.
SECTION 182. ORS 181.040 is amended to read:
181.040. (1) The Department of State Police shall enforce all
laws now or hereafter enacted relating to highways and to the
operation of vehicles on state or other highways.
(2) Members of the state police have the power to arrest
violators of any provision of the laws applicable to highways or
to the movement of vehicles on highways.
(3) The necessary expenses in carrying out this section shall
be paid from the State Highway Fund and from the moneys received
under ORS 802.110.
(4) ORS 181.010 to 181.560 and 181.715 to 181.730 do not
prevent an officer or employee of the Department of
{ - Transportation - } { + Consumer and Business Services + }
from arresting any person for any crime committed in the
officer's or employee's presence and do not affect other powers
of arrest granted by the laws of this state to persons other than
peace officers.
SECTION 183. ORS 184.689 is amended to read:
184.689. In order to carry out the purposes set forth in ORS
184.685, the Department of { - Transportation - } { +
Consumer and Business Services + } may:
(1) Sue and be sued;
(2) Acquire by purchase, lease, devise, gift or voluntary grant
real and personal property or any interest therein, including
access rights, and take, hold, possess and dispose of any such
property or interest;
(3) Conduct or carry out, subject to any other provision of
law, field research, planning, financing, design, construction,
acquisition, lease, preservation, or improvement of any public
transportation system or any portion thereof, or provide for such
activity by entering into agreements with any person or persons
principally responsible for the operations of such public
transportation system and possessing authority to enter into such
agreement;
(4) Enter into any other necessary agreements; employ agents,
engineers, consultants and other persons as necessary and fix
their compensation;
(5) Construct, acquire, plan, design, maintain and operate
passenger terminal facilities and motor vehicle parking
facilities in connection with any public transportation system;
(6) Advise and assist in the formulation of overall public
transportation policies and plans;
(7) Make necessary studies and render technical assistance to
local governments;
(8) Participate in regulatory proceedings affecting public
transportation;
(9) Assist local government, private and nonprofit operators of
passenger transportation systems in the planning,
experimentation, financing, design, construction, acquisition,
lease, preservation, improvement, operation and maintenance of
public transportation systems. The assistance may include loans,
grants, or the provision of equipment or facilities or any rights
therein by sale, lease or grant, or special grants to the users
of said systems;
(10) Subject to the provisions of ORS 184.705, enter into
operating agreements with any person;
(11) Receive and disburse funds from or to any person under
contractual terms or according to other authorized state or
federal procedures. When more than one carrier provides similar
services in the same or related areas or corridors pursuant to a
certificate of public convenience and necessity, the department
may select a provider of service on the basis of written
proposals evaluated under criteria established by the
{ - Oregon Transportation Commission - } { + department + };
(12) Perform any necessary planning, administration, review or
other functions required to be performed by the state or any
agency thereof in connection with the allocation and distribution
to any person of federal funds pursuant to the Urban Mass
Transportation Act of 1964, as amended, or any other federal
funding program for public transportation systems; and
(13) Negotiate with existing passenger carriers to preserve or
coordinate transportation schedules to upgrade the existing
system of intercity transportation.
SECTION 184. ORS 184.705 is amended to read:
184.705. (1) The Department of { - Transportation, in a
manner determined by the Oregon Transportation Commission, - }
{ + Consumer and Business Services + } may enter into operating
agreements with any person. The agreements may include, but are
not limited to, provisions with respect to:
(a) Services to be rendered;
(b) Routes to be served;
(c) Schedules to be provided;
(d) Compensation to be paid;
(e) Equipment to be used;
(f) Points to be served;
(g) Terminals to be used;
(h) Qualifications of operating employees;
(i) Accounting and reporting procedures; and
(j) Termination dates.
(2) To the extent practicable the department shall enter into
operating agreements with carriers authorized by the
{ - department - } { + Public Utility Commission + } to
perform passenger transportation services pursuant to ORS 824.020
to 824.042 { - or - } { + and with carriers authorized by the
department to perform passenger transportation services pursuant
to + } ORS chapter 825.
SECTION 185. ORS 184.730 is amended to read:
184.730. (1) In addition to the provisions of ORS 184.689, the
Department of { - Transportation - } { + Consumer and
Business Services + } is authorized to institute a public
transportation development program which may be financed by
state, federal, local or other funds and may be operated in
conjunction and cooperation with the Federal Government,
metropolitan planning organizations, public and private
employers, and public transportation entities.
(2) The department may apply to the Federal Transit
Administration or Federal Highway Administration of the United
States Department of Transportation or other federal or state
government agency for participation in any public transportation
system development project.
(3) The department may, with the assistance of the Oregon
Department of Administrative Services or in cooperation with
public transportation entities, or both, write specifications for
and order public transportation equipment on behalf of any number
of public transportation entities, to purchase real estate or to
purchase, engineer, design, construct or lease public
transportation structures and facilities under this program.
(4) If federal funds are being used to finance any project
under this program, the department shall secure assurance from
the Federal Government of the availability and amount of federal
financial assistance. The department may also secure obligations
by the participating public transportation entities that they
will manage and operate such public transportation equipment or
facilities at the appropriate time and will supply local funding
if such is being utilized.
(5) Funding for projects under this section and ORS 184.733 may
be with whatever percentage of federal, state or local funds that
the { - Oregon Transportation Commission - } { + Department
of Consumer and Business Services + } deems proper. In the event
that the federal percentage is changed by legislation, the state
and local percentage may be changed by action of the { - Oregon
Transportation Commission - } { + department + }.
(6) In cooperation with metropolitan planning organizations,
public and private employers, and public transportation entities,
the department may develop transportation demand management
projects, air quality improvement projects, demonstration
projects, and planning and research projects. As used in this
subsection:
(a) Transportation demand management projects are measures to
reduce traffic congestion and travel by single occupant
automobiles including but not limited to carpool, vanpool,
buspool, park-and-ride facilities, parking management, high
occupancy vehicle lanes, bus bypass lanes, flexible hours of
employment, work trip reduction programs and incentives to use
public transportation.
(b) Air quality improvement projects are measures to reduce
vehicle emissions, including transportation demand management,
development of alternative fuels including fueling stations,
conversion of existing vehicles or replacement of existing
vehicles with vehicles producing lower emissions, research into
vehicles using alternative fuels and purchase of new vehicles by
public transportation entities.
(c) Demonstration projects show the merits of products,
projects, transportation service designs or management
techniques. Demonstration projects are of a limited duration.
SECTION 186. ORS 184.733 is amended to read:
184.733. (1) There is hereby established an account in the
State Treasury, separate and distinct from the General Fund, to
be known as the { - Department of Transportation - } Public
Transportation Development Fund, which account is appropriated
continuously for, and shall be used for, the purposes of ORS
184.730, developing and improving public transportation systems,
acquiring transportation equipment and constructing facilities or
participating with public transportation entities in the
acquisition or construction of equipment or facilities. All
interest, if any, shall inure to the benefit of the fund. In
order to facilitate financing of the costs of transportation
demand management projects, air quality improvement projects,
demonstration projects, planning and research projects,
acquisition or construction, the Department of
{ - Transportation - } { + Consumer and Business Services + }
may at any time { - , with Oregon Transportation Commission
approval, - } draw on funds in this account for authorized
purposes. The Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + } may enter into written agreements with
public transportation entities that commit the department to pay
anticipated funds from the { - Department of Transportation - }
Public Transportation Development Fund to public transportation
entities for the purpose of financing the costs of acquisition
and construction of transportation equipment and facilities,
including servicing any obligations entered into by a public
transportation entity to finance transportation equipment and
facilities, which written agreements may provide for the
remittance of such funds on such periodic basis, in such amounts,
over such period of years and with such priority over other
commitments of such funds as the director shall specify in the
agreements. Any such written agreement or commitment when
executed by the director and accepted by a public transportation
entity shall be solely conditioned upon actual funds available in
the { - Department of Transportation - } Public Transportation
Development Fund and shall be valid, binding and irrevocable in
accordance with its terms.
(2) The department may utilize moneys in the fund to purchase
or lease new or rebuilt buses and other public transportation
equipment, to purchase real estate or to purchase, lease or
construct facilities for future sale to public transportation
entities either for cash or by installment contract, but no
installment contract shall be for more than five years and the
balance shall bear interest at a rate indicated by the monthly
earnings of the Oregon Short Term Investment Fund.
(3) The department may take title to and delivery of buses,
other public transportation equipment or facilities acquired or
built pursuant to this program for eventual transfer to public
transportation entities.
(4) The department may { + deduct, + } from the amount
appropriated to the { - Department of Transportation - }
Public Transportation Development Fund { + , + } { - deduct - }
its costs of developing projects and administering the program
authorized by this section and ORS 184.730.
(5) All moneys received by the department from the sale of
buses, other public transportation equipment, real estate or
facilities shall be placed in the { - Department of
Transportation - } Public Transportation Development Fund and
subject to budgetary limitations, may be used for the acquisition
of additional transportation equipment or facilities.
SECTION 187. ORS 267.575 is amended to read:
267.575. (1) A district shall, within a reasonable time after
formation, prepare a broad, general plan for a public transit
system for the district. The plan shall be prepared in
cooperation with the Department of { - Transportation - } { +
Consumer and Business Services + } and cities and counties
located within and adjacent to the district.
(2) The plan shall show existing and proposed transit systems
of the district and of other public and private agencies relating
to public transit. It shall demonstrate a basis for the
coordination and planning of future construction, improvement and
equipment acquisition of the district, governmental agencies and
private interests to assure maximum efficiency and use of public
transit in the district. The plans shall be based on the needs of
the district and take into consideration the plans and programs,
if any, developed by the Department of { - Transportation - }
{ + Consumer and Business Services + } and cities and counties
located within and adjacent to the district. The district may
have access to all information, statistics, plans and data in the
possession of or available to any state agency or public
corporation which is pertinent to the preparation of the plan and
may reimburse the agency or corporation for any expense incurred
in cooperating with the board.
(3) The district board shall revise the plan as necessary for
the proper control, utilization, development and improvement of
the district transit system.
SECTION 188. ORS 285B.530 is amended to read:
285B.530. As used in ORS 285B.530 to 285B.548, unless the
context requires otherwise:
(1) 'Appropriated funds' for a particular fiscal year means any
moneys, other than unobligated net lottery proceeds, specifically
appropriated or otherwise specifically made available by the
Legislative Assembly or the Emergency Board in the fiscal year to
replenish reserves established as additional security for lottery
bonds pursuant to the authority granted in ORS 285B.545 (6).
(2) 'Bond-related costs' means:
(a) The costs and expenses of issuing, administering and
maintaining lottery bonds and the lottery bond program, such as
paying or redeeming lottery bonds, paying amounts due in
connection with credit enhancements and any instruments
authorized by ORS 285B.545 (6) and paying the administrative
costs and expenses of the State Treasurer and the Oregon
Department of Administrative Services, including costs of
consultants or advisors retained by the State Treasurer or the
Oregon Department of Administrative Services for the lottery
bonds or the lottery bond program;
(b) The costs of funding any lottery bond reserves;
(c) Capitalized interest for lottery bonds;
(d) Rebates or penalties due to the United States in connection
with lottery bonds; and
(e) Any other costs or expenses that the State Treasurer or the
Director of the Oregon Department of Administrative Services
determines are necessary or desirable in connection with issuing
lottery bonds or maintaining the lottery bond program.
(3) 'Lottery bonds' means:
(a) All infrastructure lottery bonds; and
(b) Any refunding lottery bonds.
(4) 'Infrastructure Lottery Bond Fund' means the fund created
by ORS 285B.536.
(5) 'Infrastructure Lottery Bond Administrative Fund' means the
fund created by ORS 285B.539.
(6) 'Refunding lottery bonds' means any bonds issued for the
purpose of refunding any lottery bonds.
(7) 'Infrastructure lottery bonds' means the bonds authorized
to be issued under ORS 285B.533 and 285B.545 for the purpose of
financing infrastructure projects.
(8) 'Infrastructure projects' includes:
(a) A water project defined in ORS 285B.560; and
(b) Payment of any state financial obligations to the Federal
Government under the Safe Drinking Water Act.
(9) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the Oregon State Lottery except
for:
(a) The revenues used for the payment of prizes and the
expenses of the Oregon State Lottery as provided in section 4
(4)(d), Article XV of the Oregon Constitution, and ORS 461.500
and 461.510;
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543; and
(c) The revenues required to be allocated to pay the Westside
lottery bonds and any bonds issued to refund the Westside lottery
bonds, to fund reserves for any of those bonds and to pay related
costs of the Department of { - Transportation - } { +
Consumer and Business Services + }.
(10) 'Westside lottery bonds' means the bonds issued by the
state pursuant to the authority granted in ORS 391.140 that,
notwithstanding any provisions of ORS 285B.530 to 285B.548, shall
have a claim on lottery funds that is superior to the claim of
the lottery bonds authorized by ORS 285B.530 to 285B.548.
SECTION 189. ORS 291.407 is amended to read:
291.407. (1) The Mass Transit Assistance Account is established
in the General Fund of the State Treasury. The account shall
consist of moneys deposited in the account under ORS 291.405 and
as otherwise provided by law. The moneys in the account are
continuously appropriated to the Oregon Department of
Administrative Services to be used as provided in this section.
(2) The Oregon Department of Administrative Services shall
distribute moneys from the account established under this section
to districts described in ORS 291.405 on the last day of each
calendar quarter. Subject to the limitations in this section, the
amount distributed to each district shall be equal to the total
assessments received by the department during the immediate
preceding three months under ORS 291.405 from agencies with
employees performing subject services within that district.
(3) Distributions under this section are subject to the
following limitations:
(a) Except for newly formed districts, the Oregon Department of
Administrative Services shall not distribute to a district during
a calendar year an amount that exceeds the amount received by the
district under the district's own taxes during the immediate
preceding fiscal year of the district.
(b) The Oregon Department of Administrative Services shall not
distribute to a newly formed district during a calendar year an
amount that exceeds the amount the budget approved by the
district board proposes as revenue for the district from the
district's own taxes during the current fiscal year of the
district. If the district does not collect the proposed amount,
the department shall make adjustments in the distributions during
subsequent years to recover any amount paid under this section
that is over the amount the district actually received under the
district's own taxes.
(4) The limitations imposed under this section that are based
on amounts received by a district under its own taxes do not
include amounts received by the district from farebox revenues,
federal moneys, state moneys, gifts, investments, bonds or
similar moneys received by the district.
(5) The Department of { - Transportation - } { + Consumer
and Business Services + } shall provide the Oregon Department of
Administrative Services with any information concerning a mass
transit district or transportation district that the Oregon
Department of Administrative Services determines necessary for
the performance of its duties under this section and ORS 291.405.
The Department of { - Transportation - } { + Consumer and
Business Services + } shall provide the information in the form
and at times determined by the Oregon Department of
Administrative Services.
(6) In exchange for payments authorized under this section to
transit districts, the State of Oregon and its agencies shall be
exempt from any parking code requirements for existing
state-owned buildings, construction of new state buildings or the
renovation of existing state buildings, which have been or may be
established by any political subdivision within the boundaries of
a transit district receiving such payments.
SECTION 190. ORS 323.455 is amended to read:
323.455. (1) All moneys received by the Department of Revenue
from the tax imposed by ORS 323.030 (1) shall be paid over to the
State Treasurer to be held in a suspense account established
under ORS 203.445. After the payment of refunds, 89.65 percent
shall be credited to the General Fund, 3.45 percent is
appropriated to the cities of this state, 3.45 percent is
appropriated to the counties of this state and 3.45 percent is
continuously appropriated to the Department of
{ - Transportation - } { + Consumer and Business Services + }
for the purpose of financing and improving transportation
services for elderly and disabled individuals as provided in ORS
391.800 to 391.830.
(2) The moneys so appropriated to cities and counties shall be
paid on a monthly basis within 35 days after the end of the month
for which a distribution is made. Each city shall receive such
share of the money appropriated to all cities as its population,
as determined under ORS 190.510 to 190.590 last preceding such
apportionment, bears to the total population of the cities of the
state, and each county shall receive such share of the money as
its population, determined under ORS 190.510 to 190.590 last
preceding such apportionment, bears to the total population of
the state.
(3) The moneys appropriated to the Department of
{ - Transportation - } { + Consumer and Business Services + }
under subsection (1) of this section shall be distributed and
transferred to the Elderly and Disabled Special Transportation
Fund established by ORS 291.800 at the same time as the cigarette
tax moneys are distributed to cities and counties under this
section.
(4) Of the moneys appropriated to the General Fund under this
section 51.92 percent shall be dedicated to funding the
maintenance and expansion of the number of persons eligible for
medical assistance under the Oregon Health Plan, or to funding
the maintenance of the benefits available under the Oregon Health
Plan, or both, and 5.77 percent shall be credited to the Tobacco
Use Reduction Account established under ORS 431.832.
SECTION 191. ORS 327.700 is amended to read:
327.700. As used in ORS 327.700 to 327.727, unless the context
requires otherwise:
(1) 'Appropriated funds' for a particular fiscal year means any
moneys, other than unobligated net lottery proceeds, specifically
appropriated or otherwise specifically made available by the
Legislative Assembly or the Emergency Board in the fiscal year to
replenish reserves established as additional security for lottery
bonds pursuant to the authority granted in ORS 327.724 (6).
(2) 'Lottery bonds' means:
(a) All state education lottery bonds; and
(b) Any refunding lottery bonds.
(3) 'Education Lottery Bond Fund' means the fund created by ORS
327.715.
(4) 'Education Lottery Bond Administrative Fund' means the fund
created by ORS 327.718.
(5) 'Refunding lottery bonds' means any bonds issued for the
purpose of refunding any lottery bonds.
(6) 'State education lottery bonds' means the bonds authorized
to be issued under ORS 327.711 and 327.724 for the purpose of
financing state education projects.
(7) 'State education projects' means projects for the
acquisition, construction, improvement, remodeling, maintenance
or repair of public school facilities in the State of Oregon,
including land, site preparation costs, permanent or portable
buildings and equipment, telecommunications equipment, computers,
software and related technology, textbooks, library books,
furniture and furnishings, vehicles, costs of planning for bond
issues and capital improvements, the payment of debt service on
obligations, other than general obligation bonds, issued for such
projects and holding in reserve for any of the purposes described
in this subsection.
(8) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the Oregon State Lottery except
for:
(a) The revenues used for the payment of prizes and the
expenses of the Oregon State Lottery as provided in section 4
(4)(d), Article XV of the Oregon Constitution, and ORS 461.500
and 461.510;
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543; and
(c) The revenues required to be allocated to pay the Westside
lottery bonds and any bonds issued to refund the Westside lottery
bonds, to fund reserves for any of those bonds and to pay related
costs of the Department of { - Transportation - } { +
Consumer and Business Services + }.
(9) 'Westside lottery bonds' means the bonds issued by the
state pursuant to the authority granted in ORS 391.140 that,
notwithstanding any provisions of ORS 327.700 to 327.727, shall
have a claim on lottery funds that is superior to the claim of
the lottery bonds authorized by ORS 327.700 to 327.727.
SECTION 192. ORS 332.427 is amended to read:
332.427. (1) A district school board may enter into contracts
whereby motor vehicles operated by, or under lease with, the
district for transportation of school children may be leased or
otherwise made available to qualified persons or agencies, public
or private, or may use such motor vehicles, as agreed upon by the
Department of { - Transportation - } { + Consumer and
Business Services + }, for public transportation purposes,
subject to such terms and conditions as the district school board
considers consistent with district use of such vehicles.
(2) Transportation provided pursuant to subsection (1) of this
section shall only serve points along a route where the
transportation provided will not be in competition with any
passenger carrier operated under provisions of ORS chapter 825 or
with any mass transit district organized under ORS chapter 267.
(3) Motor vehicles used for public transportation purposes
pursuant to this section shall not be subject to ORS chapter 825.
(4) Only those vehicles operated by the district that comply
with rules adopted by the State Board of Education under ORS
820.100 and 820.120, relating to standards of vehicle
construction and equipment may be used for public transportation
purposes. Drivers of the vehicles shall be at least 18 years of
age and shall comply with rules adopted by the State Board of
Education under ORS 820.110, relating to qualifications of school
bus drivers.
(5) Nothing in this section shall limit the use of school buses
for the transportation of nonstudents to or from school
activities whether a fee is charged or not.
SECTION 193. ORS 390.060 is amended to read:
390.060. As used in ORS 390.060 to 390.080, unless the context
requires otherwise:
(1) 'Appropriated funds' for a particular fiscal year means any
moneys, other than unobligated net lottery proceeds, specifically
appropriated or otherwise specifically made available by the
Legislative Assembly or the Emergency Board in the fiscal year to
replenish reserves established as additional security for lottery
bonds pursuant to the authority granted in ORS 390.077 (6).
(2) 'Bond-related costs' means:
(a) The costs and expenses of issuing, administering and
maintaining lottery bonds and the lottery bond program, such as
paying or redeeming lottery bonds, paying amounts due in
connection with credit enhancements and any instruments
authorized by ORS 390.077 (6) and paying the administrative costs
and expenses of the State Treasurer and the Oregon Department of
Administrative Services, including costs of consultants or
advisors retained by the State Treasurer or the Oregon Department
of Administrative Services for the lottery bonds or the lottery
bond program;
(b) The costs of funding any lottery bond reserves;
(c) Capitalized interest for lottery bonds;
(d) Rebates or penalties due to the United States in connection
with lottery bonds; and
(e) Any other costs or expenses that the State Treasurer or the
Director of the Oregon Department of Administrative Services
determines are necessary or desirable in connection with issuing
lottery bonds or maintaining the lottery bond program.
(3) 'Lottery bonds' means:
(a) All state park lottery bonds;
(b) Any other lottery bonds that the Legislative Assembly
authorizes to be issued under ORS 390.060 to 390.080; and
(c) Any refunding lottery bonds.
(4) 'Lottery Bond Fund' means the fund created by ORS 390.070.
(5) 'Lottery Bond Administrative Fund' means the fund created
by ORS 390.073.
(6) 'Refunding lottery bonds' means any bonds issued for the
purpose of refunding any lottery bonds.
(7) 'State park lottery bonds' means the bonds authorized to be
issued under ORS 390.067 and 390.077 for the purpose of financing
state park projects.
(8) 'State park projects' means projects for the acquisition,
development, improvement, upgrading, preservation and expansion
of the capacity of facilities of the system of state parks,
including parks, park facilities, ocean shores, scenic waterways,
trails and historic sites in the State of Oregon.
(9) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the Oregon State Lottery except
for:
(a) The revenues used for the payment of prizes and the
expenses of the Oregon State Lottery as provided in section 4
(4)(d), Article XV of the Oregon Constitution, and ORS 461.500
and 461.510;
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543; and
(c) The revenues required to be allocated to pay the Westside
lottery bonds and any bonds issued to refund the Westside lottery
bonds, to fund reserves for any of those bonds and to pay related
costs of the Department of { - Transportation - } { +
Consumer and Business Services + }.
(10) 'Westside lottery bonds' means the bonds issued by the
state pursuant to the authority granted in ORS 391.140 that,
notwithstanding any provisions of ORS 267.334, 285B.410,
285B.422, 285B.425, 285B.482, 285B.530 to 285B.548 and 390.060 to
390.080, shall have a claim on lottery funds that is superior to
the claim of the lottery bonds authorized by ORS 390.060 to
390.080.
SECTION 194. ORS 391.100 is amended to read:
391.100. (1) There is created as a fund the Light Rail
Construction Fund separate and distinct from the General Fund.
The moneys in the fund and the interest earnings of the fund are
appropriated continuously to the Department of
{ - Transportation - } { + Consumer and Business Services + }
for the purpose of financing that part of the Banfield Transitway
Project that includes construction of a light rail system from
the City of Portland to the City of Gresham to be routed along
the corridor in which the Banfield Freeway, Interstate Highway
205 and East Burnside Street are located.
(2) No moneys shall be expended for construction from the fund
created by subsection (1) of this section unless the Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + } determines that the following conditions
have occurred no later than the last day of June 1983:
(a) The United States Department of Transportation, subject to
the appropriations process and to the satisfaction of the Joint
Committee on Ways and Means or the Emergency Board, if the
Legislative Assembly is not in session, has committed sufficient
moneys to complete the Banfield Transitway Project; and
(b) The Tri-County Metropolitan Transportation District has
entered into a binding, enforceable agreement with the State of
Oregon in which:
(A) During the construction of the Banfield Transitway Project,
the district agrees not to request or accept any state General
Fund moneys for the light rail construction portion of that
project other than those moneys appropriated to the fund created
in this section by the Sixtieth Legislative Assembly;
(B) The district agrees to provide not less than $2,930,000 of
the total funding for the light rail construction part of the
Banfield Transitway Project; and
(C) In any instance where the actual expenditures for the light
rail portion of the Banfield Transitway Project fall short of the
estimated expenditures for the project, those moneys, other than
federal moneys, that are not required for the project shall
remain in the fund established by this section.
(3) The Director of { - Transportation - } { + the
Department of Consumer and Business Services + } shall certify
the unobligated balance of the fund created by this section and
that unobligated balance shall revert to the General Fund in
accordance with the following:
(a) If at any time the director { - of Transportation - }
determines that the conditions required under subsection (2) of
this section will not occur within the required time under that
subsection, the director shall certify the unobligated balance of
the fund and the unobligated balance shall revert.
(b) If the director { - of Transportation - } determines
that the conditions required under subsection (2) of this section
have occurred and moneys from the fund are expended on the
Banfield Transitway Project, the director shall certify the
unobligated balance after the project is accepted by the director
{ - of Transportation - } and all claims, suits and actions
arising out of the project have been resolved.
SECTION 195. ORS 391.120 is amended to read:
391.120. (1) The Regional Light Rail Extension Construction
Fund, separate and distinct from the General Fund, is established
in the State Treasury. All moneys in the fund are appropriated
continuously to the Department of { - Transportation - } { +
Consumer and Business Services + } for the purposes specified in
this section. Interest received on moneys credited to the
Regional Light Rail Extension Construction Fund shall accrue to
and become part of the Regional Light Rail Extension Construction
Fund.
(2) The Department of { - Transportation - } { + Consumer
and Business Services + } may expend moneys in the Regional Light
Rail Extension Construction Fund to finance the preliminary
engineering phase, final design phase, advanced right of way
acquisition phase or construction and acquisition of equipment
and facilities phase of projects for extensions to the Tri-County
Metropolitan Transportation District's light rail system, as
designated in the Regional Transportation Plan adopted by the
metropolitan service district in 1989, as amended from time to
time. The Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + } may enter into written agreements with the
Tri-County Metropolitan Transportation District that commit the
department to pay anticipated funds from the Regional Light Rail
Extension Construction Fund to the district for the purpose of
financing such costs of extending the district's light rail
system, including servicing any obligations entered into by the
district to finance the costs of extending the district's light
rail system, which written agreements may provide for the
remittance of such funds on such periodic basis, in such amounts,
over such period of years and with such priority over other
commitments of such funds as the director shall specify in the
commitment. Any such written agreements or commitments, when
executed by the director and accepted by the district, shall be
solely conditioned upon actual funds available in the Regional
Light Rail Extension Construction Fund and shall be valid,
binding and irrevocable in accordance with its terms, subject
only to the requirements of subsection (3) of this section. The
extensions to the light rail system for which projects may be
authorized and financed from the Regional Light Rail Extension
Construction Fund include:
(a) The Westside corridor.
(b) The Interstate 5 North corridor.
(c) The Interstate 205 corridor.
(d) The Milwaukie corridor.
(e) The Barbur corridor.
(f) The Lake Oswego corridor.
(g) Appropriate branches to the Banfield corridor.
(h) Appropriate branches to the corridors specified in
paragraphs (a) to (f) of this subsection.
(3) Notwithstanding any written agreement entered into by the
Director of { - Transportation - } { + the Department of
Consumer and Business Services + } under subsection (2) of this
section, no moneys shall be expended from the Regional Light Rail
Extension Construction Fund for the preliminary engineering
phase, final design phase, advanced right of way acquisition
phase or construction and acquisition phase of projects unless
the director
{ - of Transportation - } determines:
(a) That all state and local approvals are in place for the
phase of the specific project for which funding is being sought;
(b) That assurances are in place for obtaining all moneys,
other than moneys for which the determination is being made,
necessary to enable completion of the phase of the specific
project for which funding is being sought and that the Tri-County
Metropolitan Transportation District has agreed to provide an
amount of money equal to that being provided by the Regional
Light Rail Extension Construction Fund for the phase of the
specific project for which money is being sought;
(c) With respect to the phase of the specific project for which
funding is being sought, that the body of local officials and
state agency representatives designated by the metropolitan
service district which functions wholly or partially within the
Tri-County Metropolitan Transportation District and known as the
Joint Policy Advisory Committee on Transportation has certified
that the phase of the specific project is a regional priority;
and
(d) With respect to construction phases of any project, the
elements of the project that are designated for state
participation and an estimated total amount of the state's
funding obligation.
(4) When the actual expenditures for a phase of a specific
light rail project fall short of the estimated expenditures for
the project, those moneys, other than federal moneys, that are
not required for that phase of the project shall remain in the
Regional Light Rail Extension Construction Fund for use in
completing other projects described in subsection (2) of this
section.
(5) On or before August 31 in each year, the Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + } shall certify to the Governor and the State
Treasurer whether or not there existed, as of the end of the
immediately preceding fiscal year, an unobligated balance of
moneys in the Regional Light Rail Extension Construction Fund
that was derived from the moneys required to be transferred to
the Regional Light Rail Extension Construction Fund under ORS
391.130. If the director { - of Transportation - } certifies
that there existed such an unobligated balance of moneys derived
from the moneys required to be transferred to the Regional Light
Rail Extension Construction Fund under ORS 391.130, an amount
equal to the unobligated balance as of the end of the immediately
preceding fiscal year shall revert to the Administrative Services
Economic Development Fund created by ORS 461.540, and the State
Treasurer shall credit such amount to that fund on or before the
September 15 next following the date of the certification by the
director { - of Transportation - } .
(6) The Director of { - Transportation - } { + the
Department of Consumer and Business Services + } shall certify
the unobligated balance of the Regional Light Rail Extension
Construction Fund, and that unobligated balance shall revert to
the Administrative Services Economic Development Fund created by
ORS 461.540 if the director { - of Transportation - }
determines that all projects referred to in subsection (2) of
this section have been completed and the projects have been
accepted by the director { - of Transportation - } and all
claims, suits and actions arising out of the projects have been
resolved.
(7) For purposes of subsections (5) and (6) of this section,
moneys in the Regional Light Rail Extension Construction Fund
derived from the moneys required to be transferred to the
Regional Light Rail Extension Construction Fund under ORS 391.130
shall be obligated to the extent such moneys are needed to fund
the amounts committed to be paid in the current or any future
fiscal year under any written agreement or commitment entered
into by the Director of { - Transportation - } { + the
Department of Consumer and Business Services + } under subsection
(2) of this section or to pay any amounts owing under or with
respect to any revenue bonds issued under ORS 391.140.
(8) The Department of { - Transportation - } { + Consumer
and Business Services + } may deduct from the Regional Light Rail
Extension Construction Fund the costs associated with
administering the fund.
SECTION 196. ORS 391.130 is amended to read:
391.130. (1) In each fiscal year beginning with the fiscal year
commencing July 1, 1991, there is allocated, from the
Administrative Services Economic Development Fund created by ORS
461.540, the amount of $8 million. However, commencing with the
first fiscal year next following the fiscal year in which bonds
are first issued under ORS 391.140, there shall be allocated from
such fund the amount of $10 million in each fiscal year. In each
fiscal year after bonds are first issued, the Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + } shall certify any funds allotted in excess
of amounts necessary to pay the annual debt service on the
outstanding bonds and to fund the amounts committed to be paid in
the current or any future fiscal year under any written agreement
or commitment entered into by the director { - of
Transportation - } pursuant to ORS 391.120 (2). The certified
amount shall immediately be returned to the Administrative
Services Economic Development Fund. All amounts allocated under
this section shall be transferred to the Regional Light Rail
Extension Construction Fund established by ORS 391.120.
(2) The annual amounts required to be transferred to the
Regional Light Rail Extension Construction Fund under subsection
(1) of this section, together with all investment earnings on the
amounts on deposit from time to time in the Regional Light Rail
Extension Construction Fund, are continuously appropriated only
for the purposes of:
(a) Funding the Westside corridor extension of light rail
referred to in ORS 391.120; and
(b) Paying the principal and interest on revenue bonds issued
under ORS 391.140.
(3) Except as provided in subsection (4) of this section, and
notwithstanding any other provision of law, the annual allocation
made by this section shall be satisfied and credited as and when
net proceeds from the operation of the state lottery are received
and before any other allocation, appropriation or disbursement of
the net proceeds from the operation of the state lottery is made
in the applicable fiscal year.
(4) For purposes of this section, net proceeds from the
operation of the state lottery in each fiscal year include all
revenues derived from the operation of the state lottery in each
fiscal year less:
(a) The revenues used in that fiscal year for the payment of
prizes and the expenses of the state lottery as provided in
section 4 (4)(d), Article XV of the Oregon Constitution, ORS
461.500 (2) and 461.510 (3) and (4); and
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543.
(5) The transfer of moneys to the Regional Light Rail Extension
Construction Fund authorized by this section shall cease when the
Director of { - Transportation - } { + the Department of
Consumer and Business Services + } certifies in writing that
transfers of moneys under this section are no longer necessary
because:
(a) Moneys in the Regional Light Rail Extension Construction
Fund are sufficient for the payment of all amounts committed to
be paid under all written agreements or commitments entered into
between the director { - of Transportation - } and the
Tri-County Metropolitan Transportation District pursuant to ORS
391.120 with respect to the Westside corridor extension of light
rail referred to in ORS 391.120 (2)(a), and to pay all amounts of
principal of and interest on the outstanding revenue bonds issued
under ORS 391.140; and
(b) The Westside corridor extension of light rail referred to
in ORS 391.120 (2)(a) has been completed and such project has
been accepted by the Department of { - Transportation - } { +
Consumer and Business Services + }, and all claims, suits and
actions arising out of such project that could create a liability
payable out of the moneys in the Regional Light Rail Extension
Construction Fund have been resolved.
(6) The Director of { - Transportation - } { + the
Department of Consumer and Business Services + } shall deliver a
copy of such certification to the Governor and the State
Treasurer. Upon receipt of the director's written certification
that transfer of moneys to the Regional Light Rail Extension
Construction Fund under this section is no longer necessary, the
State Treasurer shall thereafter credit moneys received by the
Regional Light Rail Extension Construction Fund under this
section to the Administrative Services Economic Development Fund
created by ORS 461.540.
SECTION 197. ORS 391.140 is amended to read:
391.140. (1) In accordance with any applicable provisions of
ORS 286.010, 286.020, 286.105 to 286.135 and ORS chapter 288, the
State Treasurer, at the request of the Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + }, shall issue revenue bonds from time to
time in an aggregate amount not to exceed:
(a) The principal sum of $115 million;
(b) The costs incurred in connection with the issuance of the
bonds and other administrative expenses of the State Treasurer in
connection with the issuance of the bonds; and
(c) The amount of any reserves determined to be necessary or
advantageous in connection with the revenue bonds.
(2) The director { - of Transportation - } shall submit to
the State Treasurer from time to time written requests to issue
the revenue bonds in amounts sufficient to provide in a timely
fashion the moneys required to fund the obligations of the
Department of
{ - Transportation - } { + Consumer and Business Services + }
under any written agreements or commitments entered into under
ORS 391.120 (2) for the purpose of financing the state share of
the costs of the Westside corridor light rail project identified
in ORS 391.120 (2)(a).
(3) Moneys received from the issuance of revenue bonds,
including any investment earnings thereon, may be expended only
for the purpose of financing the costs of development,
acquisition and construction of the Westside corridor light rail
project identified in ORS 391.120 (2)(a), and to pay the costs of
issuing the bonds and other administrative expenses of the State
Treasurer in carrying out the provisions of ORS 391.120 and this
section, including the funding of any reserves determined to be
necessary or advantageous in connection with the revenue bonds.
(4) Notwithstanding ORS 288.825 or any other provision of law,
revenue bonds issued under this section, regardless of whether
issued in one or more issues, shall be secured equally and
ratably by the pledge of moneys described in this subsection and
ORS 391.130. The bonds shall be secured by a pledge of, and a
lien on, and shall be secured and payable only from, moneys on
deposit from time to time in the Regional Light Rail Extension
Construction Fund established by ORS 391.120. The revenue bonds
shall not be a general obligation of this state, and shall not be
secured by or payable from any funds or assets of this state
other than the moneys on deposit from time to time in the
Regional Light Rail Extension Construction Fund.
(5) The moneys in the Regional Light Rail Extension Bond
Account shall be used and applied by the director { - of
Transportation - } to pay when due the principal of and interest
on any revenue bonds issued under this section.
(6) The interest on all revenue bonds issued under this section
and on any refunding and advance refunding bonds issued under ORS
286.051 is exempt from personal income taxation imposed by this
state under ORS chapter 316.
(7) The proceeds derived from the issuance and sale of the
revenue bonds, including any proceeds required to fund any
reserves determined to be necessary or advantageous in connection
with the revenue bonds, shall be deposited in a special,
segregated subaccount of the Regional Light Rail Extension
Construction Fund. The moneys on deposit from time to time in the
subaccount, including any investment earnings thereon, shall be
disbursed as needed for the purposes described in subsection (3)
of this section upon the written request of the director { - of
Transportation - } .
SECTION 198. ORS 391.520 is amended to read:
391.520. The Oregon Mass Transportation Financing Authority is
hereby created as a public instrumentality of the State of Oregon
and the exercise by the authority of the powers conferred by ORS
267.227 and 391.500 to 391.660 is the performance of an essential
public function. The authority shall consist of the chairperson
of the { - Oregon Transportation - } { + Highway + }
Commission, the State Treasurer, or designee, the chairperson of
the Oregon Investment Council, or designee, and a representative
designated by the board of directors of each district.
SECTION 199. ORS 391.605 is amended to read:
391.605. (1) No transfer authorized by ORS 267.020 of a mass
transit district system to a metropolitan service district shall
take effect while bonds issued by the Oregon Mass Transportation
Financing Authority to finance mass transit facilities for the
district are outstanding until a plan designed to repay any
outstanding bonds when due is prepared by the governing body of
the metropolitan service district and approved by:
(a) The chairperson of the { - Oregon Transportation - }
{ + Highway + } Commission or the chairperson's designee;
(b) The State Treasurer or State Treasurer's designee; and
(c) The chairperson of the Oregon Investment Council or the
chairperson's designee.
(2) Persons given authority to approve a transfer under
subsection (1) of this section may only refuse to approve a
transfer for reasons relating to the financial effect of the
transfer.
SECTION 200. ORS 391.800 is amended to read:
391.800. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Elderly and
Disabled Special Transportation Fund. All moneys in the Elderly
and Disabled Special Transportation Fund are appropriated
continuously to the Department of { - Transportation - } { +
Consumer and Business Services + } for payment of the
department's administrative costs of the program and payment to
mass transit districts, transportation districts and counties as
provided in ORS 391.810.
(2) The Elderly and Disabled Special Transportation Fund shall
consist of:
(a) Moneys transferred to the fund under ORS 323.455 (3);
(b) Other moneys appropriated to the fund by the Legislative
Assembly; and
(c) Moneys obtained from interest earned on the investment of
such moneys.
(3) Moneys in the Elderly and Disabled Special Transportation
Fund, with the approval of the State Treasurer, may be invested
as provided by ORS 293.701 to 293.820, and the earnings from such
investments shall be credited to the Elderly and Disabled Special
Transportation Fund.
SECTION 201. ORS 391.810 is amended to read:
391.810. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } shall distribute
three-quarters of the moneys in the Elderly and Disabled Special
Transportation Fund, including the interest attributable thereto,
to mass transit districts organized under ORS 267.010 to 267.390,
transportation districts organized under ORS 267.510 to 267.650
and to those counties in which no part of a mass transit district
or transportation district is located as follows:
(a) Each such district shall receive that share of the moneys
as the population of the counties in which the district is
situated, determined under ORS 190.510 to 190.610 last preceding
such apportionment, bears to the total population of the state.
However, if two or more districts are situated in a single
county, distribution of moneys under this subsection shall be
determined as though only the mass transit district is located in
that county or, if there are two or more transportation districts
in the county, as though only the transportation district with
the highest population is located in that county.
(b) Each county in which no part of a mass transit district or
transportation district is located shall receive that share of
the moneys as its population, determined under ORS 190.510 to
190.610 last preceding such apportionment, bears to the total
population of the state.
(2) After the requirements of subsection (1)(a) and (b) of this
section have been met, the remainder of the moneys in the Elderly
and Disabled Special Transportation Fund shall be distributed to
the districts and counties described in subsection (1) of this
section by the Department of { - Transportation - } { +
Consumer and Business Services + } as follows:
(a) Each such district or county that receives a share of the
moneys in proportion to population under subsection (1) of this
section shall receive an amount, which shall be fixed by the
{ - Oregon Transportation Commission - } { + department + }
by rule, but not in excess of $2,000 annually, to be used to
defray the administrative expenses of the district or county in
carrying out its functions under ORS 391.800 to 391.830.
(b) Each such district or county that receives a share of the
moneys in proportion to population under subsection (1) of this
section shall receive for each fiscal year a minimum amount, to
be determined by the { - Oregon Transportation Commission - }
{ + department + } by rule, which minimum amount shall be
distributed to providers of transportation for use as specified
under ORS 391.830 (4).
(c) Each such district or county shall receive any money
distributed to it from the discretionary grant account
established under ORS 391.815.
(d) After the requirements of paragraphs (a) to (c) of this
subsection have been met, if any moneys remain in the Elderly and
Disabled Special Transportation Fund they shall be set aside and
transferred to a discretionary grant account established under
ORS 391.815.
(3) The Department of { - Transportation - } { + Consumer
and Business Services + } shall not distribute moneys to a mass
transit district, transportation district or county under this
section unless the district or county has appointed an advisory
committee under ORS 391.820.
(4) The Department of { - Transportation - } { + Consumer
and Business Services + } shall adopt rules necessary for the
administration of ORS 391.800 to 391.830.
(5) Each district or county described in subsection (1) of this
section is specifically authorized to enter into an agreement
with another or other such districts or counties under ORS
190.003 to 190.125 in order to facilitate the performance of the
functions authorized under ORS 391.830.
SECTION 202. ORS 391.815 is amended to read:
391.815. (1) After the requirements of ORS 391.810 have been
satisfied, the remainder of the moneys in the Elderly and
Disabled Special Transportation Fund shall be set aside and
transferred to a discretionary grant account, which account is
established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant account established
under subsection (1) of this section are continuously
appropriated to the Department of { - Transportation - } { +
Consumer and Business Services + } for the purpose of
distribution for ultimate use for transportation and services to
the elderly and disabled as described under ORS 391.830 (4).
However, only such of the moneys that are specifically directed
by the { - Oregon Transportation Commission - } { +
department + } under subsection (4) of this section, to be
distributed to a district or county as described in ORS 391.810
(1), shall be distributed to that district or county.
(3)(a) Any district or county described in ORS 391.810 (1) may
make application to the Department of { - Transportation - }
{ + Consumer and Business Services + } for a distribution from
the discretionary grant account established under subsection (1)
of this section. The application shall describe the purposes for
which the grant is to be used and the monetary amount that is
required to carry out those purposes.
(b) Upon receipt of an application, the department { - of
Transportation shall cause the application to come to the
attention of the Oregon Transportation Commission, which - }
shall, after consideration, approve or deny the application, in
whole or in part.
(c) The { - Oregon Transportation Commission - } { +
department + } shall approve only those grants applied for under
paragraph (a) of this subsection that are for use for the
purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in whole or in part, the
{ - Oregon Transportation Commission shall direct the - }
department { - of Transportation to - } { + shall + }
distribute the dollar amount approved to the applying district or
county.
SECTION 203. ORS 391.830 is amended to read:
391.830. (1)(a) Each mass transit district and transportation
district that receives moneys from the Department of
{ - Transportation - } { + Consumer and Business Services + }
under ORS 391.810 (1) or (2)(b), after providing for costs of
administration in an amount determined under ORS 391.810 (2)(a),
shall distribute those moneys to providers of transportation for
the purpose of financing and improving transportation programs
and services for the elderly and disabled residents of the
district and the county in which all or a portion of the district
is located. The moneys received under ORS 391.810 (1) and (2)(b)
and distributed to providers of transportation in areas within
the counties in which the district is located but outside the
boundaries of the district shall be that share of all moneys
received by the district as the population of those counties
residing outside the district, as determined by the last federal
decennial census, bears to the total population of the counties.
(b) Each county that receives moneys from the department of
{ - Transportation - } under ORS 391.810 (1) or (2)(b), after
providing for costs of administration in an amount determined
under ORS 391.810 (2)(a) shall distribute those moneys to
providers of transportation for the purpose of financing and
improving transportation programs and services for the elderly
and disabled residents of the county.
(2) The governing body of a district or county, after
consultation with the advisory committee it appointed under ORS
391.820, shall determine the amount of money to be distributed to
a provider of transportation and the purposes for which the money
must be used. Moneys received under ORS 391.810 (2)(c) shall be
used for the purposes for which received as indicated in the
directive from the { - Oregon Transportation Commission - }
{ + department + } as described under ORS 391.815.
(3) Any provider of transportation receiving funds prior to
January 1, 1986, from any governmental unit or agency for
purposes related to the transportation needs of the elderly or
disabled is eligible to receive moneys from a district or county
under this section.
(4) Moneys distributed to providers of transportation under
this section may be used for the following purposes:
(a) Maintenance of existing transportation programs and
services for the elderly or disabled.
(b) Expansion of such programs and services.
(c) Creation of new programs and services.
(d) Planning for, and development of, access to transportation
for elderly and disabled individuals who are not currently served
by transportation programs and services.
(5) Except in the case of a uniform budget reduction or upon
order or other authorization of the department { - of
Transportation - } , the increase in moneys received under ORS
391.810 under this section and ORS 323.030, 323.086 to 323.091,
323.455, 391.810 and 391.815 shall not be used to supplant moneys
currently appropriated by counties or districts for elderly and
disabled transportation projects.
(6) As used in this section, 'provider of transportation '
includes a city, county, district or any other person or agency,
whether public or private, that maintains, operates or sponsors
vehicles and facilities for the transportation of passengers for
profit or on a nonprofit or voluntary basis.
SECTION 204. ORS 777.277 is amended to read:
777.277. As used in ORS 777.277 to 777.289:
(1) 'Channel Deepening Account' means the account in the Marine
Navigation Improvement Fund created by ORS 777.282.
(2) 'Channel deepening project' means a project to deepen the
deep draft Columbia River navigation channel from an authorized
depth of 40 feet.
(3) 'Department' means the Economic Development Department.
(4) 'Director' means the Director of the Economic Development
Department.
(5) 'Grant agreement' means the grant agreement described in
ORS 777.284.
(6) 'Marine Navigation Improvement Fund' means the fund
established by ORS 777.267.
(7) 'Oregon nonfederal share' means that portion of the cost of
the channel deepening project that is allocable to the Oregon
sponsors and that is not paid by the Federal Government, the
State of Washington or the Washington sponsors.
(8) 'Oregon sponsors' means the Port of Astoria, the Port of
St. Helens, the Port of Portland or any agency acting on behalf
of the government of the State of Oregon as a financial
contributor to the channel deepening project.
(9) 'Primary sponsor' means the Port of Portland as
representative of the Oregon sponsors.
(10) 'Project cooperation agreement' means a written agreement
between the United States Government and a nonfederal sponsor
that requires the United States Government to construct, and the
nonfederal sponsor to share in the cost of, a project authorized
under the Water Resources Development Act or a similar Act of the
United States Congress.
(11) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the state lottery except for:
(a) The revenues used for the payment of prizes and the
expenses of the state lottery as provided in section 4 (4)(d),
Article XV of the Oregon Constitution, ORS 461.500 (2) and
461.510 (3) and (4);
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543;
(c) The revenues required to be allocated to pay the Westside
lottery bonds and any bonds issued to refund the Westside lottery
bonds, to fund reserves for any of those bonds and to pay related
costs of the Department of { - Transportation - } { +
Consumer and Business Services + };
(d) The revenues required by section 4 (4)(d), Article XV of
the Oregon Constitution, to be deposited in the education
endowment fund;
(e) The revenues required to be allocated to pay lottery bonds
authorized by ORS 197.587, 285B.410, 285B.422, 285B.425,
285B.482, 285B.530 to 285B.548 and 390.060 to 390.080, to fund
reserves for those bonds and to pay related costs authorized by
ORS 197.587, 285B.410, 285B.422, 285B.425, 285B.482, 285B.530 to
285B.548 and 390.060 to 390.080; and
(f) The revenues required to be allocated to pay lottery bonds
authorized by ORS 327.700 to 372.727, to fund reserves for those
bonds and to pay related costs authorized by ORS 327.700 to
327.727.
(12) 'Washington sponsors' means the Port of Vancouver, the
Port of Kalama, the Port of Woodland, the Port of Longview or any
agency acting on behalf of the government of the State of
Washington as a financial contributor to the channel deepening
project.
(13) 'Westside lottery bonds' means the bonds issued by the
state pursuant to the authority granted in ORS 391.140.
SECTION 205. ORS 823.007 is amended to read:
823.007. (1) Each employee of the Department of
{ - Transportation - } { + Consumer and Business Services + }
who performs functions concerning economic regulation of motor
carriers shall file with the department a statement regarding
holdings of the employee and the holdings of the employee's
spouse and minor children of any pecuniary interest in any
business or activity subject to the department's economic
regulation of motor carriers. Supplementary statements shall be
filed as such pecuniary interests are acquired or divested. The
statements shall be in such form as the department prescribes. If
the department determines that an employee or spouse or minor
child of the employee holds any such pecuniary interest that may
interfere with the impartial discharge of the employee's duties,
the department shall order divestiture of the interest.
(2) The department shall determine by rule what constitutes a
function concerning economic regulation of motor carriers for
purposes of this section.
(3) Nothing in subsections (1) and (2) of this section is
intended to authorize any act otherwise prohibited by law.
SECTION 206. ORS 823.009 is amended to read:
823.009. (1) In addition to the powers and duties now or
hereafter transferred to or vested in the Department of
{ - Transportation - } { + Consumer and Business
Services + }, the department shall represent the customers of any
motor carrier { - or railroad - } , and the public generally,
in all controversies respecting rates, valuations, service and
all matters of which the department has jurisdiction regarding
motor carriers { - and railroads - } . In respect thereof, the
department shall make use of its jurisdiction and powers to
protect such customers, and the public generally, from unjust and
unreasonable exactions and practices and to obtain for them
adequate service at fair and reasonable rates.
(2) The department is vested with power and jurisdiction to
supervise and regulate every motor carrier { - and railroad - }
in this state, and to do all things necessary and convenient in
the exercise of such power and jurisdiction.
(3) The department may participate in any proceeding before any
public officer, commission or body of the United States or any
state or other jurisdiction for the purpose of representing the
public generally and the customers of the services of any motor
carrier { - or railroad - } operating or providing service to
or within this state.
(4) The department may make joint investigations, hold joint
hearings within or without this state and issue concurrent orders
in conjunction or concurrence with any official, board,
commission or agency of any state or of the United States.
SECTION 207. ORS 823.011 is amended to read:
823.011. The Department of { - Transportation - } { +
Consumer and Business Services + } may adopt and amend reasonable
and proper rules and regulations relative to all statutes
regarding motor carriers
{ - and railroads - } administered by the department and may
adopt and publish reasonable and proper rules to govern
proceedings and to regulate the mode and manner of all
investigations of motor carriers { - and railroads - } subject
to regulation by the department.
SECTION 208. ORS 823.013 is amended to read:
823.013. (1) A substantial compliance with the requirements of
the laws administered by the Department of
{ - Transportation - } { + Consumer and Business Services + }
regarding motor carriers { - and railroads - } is sufficient
to give effect to all the rules, orders, acts and regulations of
the department and they shall not be declared inoperative,
illegal or void for any omission of a technical nature in respect
thereto.
(2) The provisions of such laws shall be liberally construed
with a view to the public welfare, efficient facilities and
substantial justice between customers and motor carriers { - or
railroads - } .
SECTION 209. ORS 823.015 is amended to read:
823.015. The service or delivery of any notice, order, form or
other document or legal process required to be made by the
Department of { - Transportation - } { + Consumer and
Business Services + } in connection with any statute governing
motor carriers { - or railroads - } may be made by mail. If by
mail, service or delivery is made when the required material is
deposited in the post office, in a sealed envelope with postage
paid, addressed to the person on whom it is to be served or
delivered, at the address as it last appears in the records of
the department.
SECTION 210. ORS 823.021 is amended to read:
823.021. The Department of { - Transportation - }
{ + Consumer and Business Services + } may inquire into the
management of the business of all motor carriers { - and
railroads, - } and shall keep informed as to the manner and
method in which the business is conducted. The department has the
right to obtain from any motor carrier { - or railroad - } all
necessary information to enable the department to perform its
duties related to motor carriers { - and railroads - } .
SECTION 211. ORS 823.023 is amended to read:
823.023. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } or authorized representatives
may enter upon any premises, or any equipment, rolling stock or
facilities operated or occupied by any motor carrier { - or
railroad - } for the purpose of making any inspection,
examination or test reasonably required in the administration of
ORS chapters 823, { - 824, - } 825 and 826, and to set up and
use on such premises, equipment, rolling stock or facilities any
apparatus or appliance and occupy reasonable space therefor.
(2) The department or authorized representatives shall, upon
demand, have the right to inspect the books, accounts, papers,
records and memoranda of any motor carrier { - or railroad - }
and to examine under oath any officer, agent or employee of such
motor carrier { - or railroad - } in relation to its business
and affairs.
(3) Any person who on behalf of the department makes demand of
a motor carrier { - or railroad - } for an examination,
inspection or test shall, upon request therefor, produce a
certificate under the seal of the department showing authority to
make such examination, inspection or test.
(4) The department or authorized representatives shall, upon
demand, have the right to enter any premises of a business that
the department has reasonable cause to believe tendered for
shipment, by motor { - or rail - } , any hazardous material and
to make any examination, inspection or test reasonably required
to determine compliance with the health and safety regulations
administered or enforced by the department. Any person, who on
behalf of the department demands to make an examination,
inspection or test, shall produce upon request a certificate
under the seal of the department showing authority to make the
examination, inspection or test.
(5) Nothing in this section authorizes the department to use
any information developed thereunder for any purpose inconsistent
with any statute governing motor carriers { - or railroads - }
and administered by the department or to make a disclosure
thereof for other than regulatory purposes.
SECTION 212. ORS 823.025 is amended to read:
823.025. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } may require by rule, or by
order or subpoena to be served on any motor carrier { - or
railroad - } , the maintaining within this state or the
production within this state at such time and place as the
department may designate, of any books, accounts, papers or
records kept by such motor carrier { - or railroad - } in any
office or place within or without this state, or verified copies
in lieu thereof, if the department so orders, in order that an
examination thereof may be made by the department or under
direction of the department.
(2) When a motor carrier { - or railroad - } keeps and
maintains its books, accounts, papers or records outside the
state, the department may examine such documents and shall be
reimbursed by the motor carrier { - or railroad - } for all
expenses incurred in making such out-of-state examination.
SECTION 213. ORS 823.027 is amended to read:
823.027. (1) Every motor carrier { - and railroad - } shall
furnish to the Department of { - Transportation - } { +
Consumer and Business Services + } all information required by
the department to carry into effect the provisions of ORS
chapters 823, { - 824, - } 825 and 826 and shall make specific
answers to all questions submitted by the department.
(2) If a motor carrier { - or railroad - } is unable to
furnish any information required under subsection (1) of this
section for any reason beyond its control, it is a good and
sufficient reason for such failure. The answer or information
shall be verified under oath and returned to the department at
the department's office within the period fixed by the
department.
SECTION 214. ORS 823.029 is amended to read:
823.029. { - No - } { + An + } officer, agent or employee
of any motor carrier { - or railroad shall - } { + may
not + }:
(1) Fail or refuse to provide any information or document
required by the Department of { - Transportation - } { +
Consumer and Business Services + };
(2) Fail or refuse to answer any question therein propounded;
(3) Knowingly or willfully give a false answer to any such
question or evade the answer to any such question where the fact
inquired of is within the person's knowledge;
(4) Upon proper demand, fail or refuse to exhibit to the
department or any person authorized to examine the same, any
book, paper, account, record or memorandum of the motor carrier
{ - or railroad - } that is in possession or under the control
of the person;
(5) Fail to properly use and keep a system of accounting or any
part thereof, as prescribed by the department; or
(6) Refuse to do any act or thing in connection with such
system of accounting when so directed by the department or
authorized representative.
SECTION 215. ORS 823.031 is amended to read:
823.031. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } may investigate any complaint
filed against a person whose business or activities are regulated
by one or more of the statutes regarding motor carriers { - or
railroads - } , jurisdiction for the enforcement or regulation of
which is conferred upon the department.
(2) Any hearing held as a result of a complaint or
investigation under subsection (1) of this section shall be a
contested case hearing, in the manner provided in ORS 183.413 to
183.497.
SECTION 216. ORS 823.033 is amended to read:
823.033. (1) Whenever the Department of
{ - Transportation - } { + Consumer and Business Services + }
believes that any rate subject to regulation by the department
may be unreasonable or unjustly discriminatory, or that any
service subject to regulation by the department is unsafe or
inadequate, or is not afforded, or that an investigation of any
matter relating to any motor carrier { - , railroad - } or
other person should be made, or relating to any person to
determine if such person is subject to the department's
regulatory jurisdiction, the department may on its own motion
summarily investigate any such matter, with or without notice.
(2) The department may, after making an investigation on the
department's motion, provide notice to the motor carrier { - ,
railroad - } or other person of the department's proposed action
or may, without notice or hearing, make such findings and orders
as the department deems justified or required by the results of
such investigation.
(3) Any party aggrieved by a notice of proposed action or by an
order entered pursuant to subsection (2) of this section may
request the department to hold a hearing pursuant to ORS 183.413
to 183.497.
(4) An order issued under this section prior to a hearing shall
be stayed pending the outcome of the hearing unless the
department finds that the order is necessary to protect the
public health, safety or environment.
SECTION 217. ORS 823.035 is amended to read:
823.035. (1) Notwithstanding ORS 9.320 and 823.031 (2), an
individual who is not an attorney may represent that individual
or other persons who consent to such representation at any
proceeding before the Department of { - Transportation - }
{ + Consumer and Business Services + } involving the regulation
of transportation matters pursuant to ORS chapter 825.
{ - (2) Notwithstanding ORS 9.320 and 823.031 (2), an
individual who is not an attorney may represent that individual
or labor organizations, railroads, motor carriers or government
agencies who consent to such representation in any proceeding
before the department involving the regulation of transportation
matters pursuant to ORS 824.020 to 824.042, 824.050 to 824.110
and 824.200 to 824.256. - }
{ - (3) - } { + (2) + } Any compromises, agreements,
admissions, stipulations, statements of fact or other such action
taken by the representative at any such proceeding is binding on
those represented to the same extent as if done by an attorney. A
person so represented may not thereafter claim that any such
proceeding was legally defective because the person was not
represented by an attorney.
{ - (4) - } { + (3) + } As used in this section, 'attorney'
has the meaning for that term provided in ORS 9.005.
SECTION 218. ORS 823.037 is amended to read:
823.037. On petition of any interested person, the Department
of { - Transportation - } { + Consumer and Business
Services + } may issue a declaratory ruling with respect to the
applicability to any person, property, or state of facts of any
rule or statute regarding motor carriers { - or railroads - }
that is enforceable by the department. A declaratory ruling is
binding between the department and the petitioner on the state of
facts alleged, unless it is modified, vacated or set aside by the
Court of Appeals. However, the department may review the ruling
and modify, vacate or set it aside if requested by the petitioner
or other party to the proceeding. Binding rulings provided by
this section are subject to review in the Court of Appeals in the
manner provided in ORS 183.480 for the review of orders in
contested cases.
SECTION 219. ORS 823.051 is amended to read:
823.051. No person shall destroy, injure or interfere with any
apparatus or appliance owned or operated by or in charge of the
Department of { - Transportation - } { + Consumer and
Business Services + }, or any apparatus or appliance sealed by
the department.
SECTION 220. ORS 823.061 is amended to read:
823.061. The federal hazardous material safety regulations
adopted, implemented or enforced by the Department of
{ - Transportation - } { + Consumer and Business Services + }
shall be applicable to any person who transports, or causes to be
transported, by motor { - or rail - } , a hazardous material.
The department shall define hazardous material by rule. The
definition shall be consistent with federal definitions of the
term.
SECTION 221. ORS 823.063 is amended to read:
823.063. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } may not impose penalties
specified in ORS chapters 823, { - 824, - } 825 and 826,
against a person who causes hazardous materials to be transported
unless the person has received prior written notice of the
violation and five days to correct the violation.
(2) No prior written notice or five-day correction period shall
be required under subsection (1) of this section for:
(a) Subsequent violations of a like nature occurring within
five years of the violation for which the person received notice.
(b) Any violation that causes substantial harm to human health
or the environment.
SECTION 222. ORS 823.071 is amended to read:
823.071. As used in ORS 823.073 and 823.075, the following
terms have the following meanings:
(1) 'Agency' means any place provided by a for-hire carrier for
the accommodation of the public in the receipt, delivery, billing
or routing of freight, or in the loading or discharge of
passengers, at which an agent is provided to serve the public.
(2) 'Agent' means the person in charge of the transaction of
business with the public at any station or agency.
(3) 'Common carrier' means { - any railroad as defined in ORS
824.020, and - } any for-hire carrier by motor vehicle as
defined in ORS 825.005 if the carrier transports persons.
SECTION 223. ORS 823.073 is amended to read:
823.073. No common carrier shall abandon any of its agencies,
or withdraw the agent therefrom, without the prior written
authority of the Department of { - Transportation - } { +
Consumer and Business Services + }. If the primary business of
the agent or agency is not that of a common carrier, the loss of
the use of such agent or agency without the fault of the carrier
shall not be considered a violation of this section, provided
that the carrier { - shall give - } { + gives notice + } to
the department { - notice - } of such loss immediately upon
being informed thereof and { - secure - } { + secures + }
another agent or agency within a reasonable period of time.
SECTION 224. ORS 823.075 is amended to read:
823.075. (1) Any common carrier may petition the Department of
{ - Transportation - } { + Consumer and Business Services + }
for authority to abandon any agency or to withdraw { - the - }
{ + an + } agent from an agency.
(2) Upon receipt of a petition to abandon or withdraw under
this section, the department shall give written notice of the
petition to all known current customers of such agency. If the
petition requests authority to abandon or withdraw any agency or
agent involved in transportation services using motor buses, the
department shall provide notice of the petition for authority and
of rights to protest by publication in addition to any written
notice required by this subsection. When notice by publication is
required under this subsection, such notice must be published in
a newspaper of general circulation in the county where the
affected agency is located.
(3) If any customer files with the department a written protest
to the abandonment of the agency or the withdrawal of the agent
therefrom within 30 days from the date written notice is given,
the department shall schedule a hearing to be held within 30 days
from the filing of such protest. If notice by publication is
required under subsection (2) of this section then protest may be
filed, as provided under this subsection, within 30 days after
the written notice or published notice, whichever is later.
(4) If a hearing is provided under this section, the hearing
shall be held at some convenient place in the county in which
such agency is located.
(5) Where a common carrier seeks to move the location of its
agent or agency from one point within a city to another point
within such city the department may approve such move without a
hearing.
SECTION 225. ORS 823.081 is amended to read:
823.081. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } shall inquire into any neglect
or violation of any law of this state, or any law or ordinance of
any municipality thereof, relating to motor carriers { - or
railroads - } by any motor carrier { - or railroad - } doing
business therein, its officers, agents or employees and shall
enforce all laws of this state relating to motor carriers
{ - and railroads - } and may enforce all such laws and
ordinances of a municipality. The department shall report all
violations of any such laws or ordinances to the Attorney
General.
(2) The Attorney General, district attorney of each county, and
all state, county and city police officers shall assist the
department in the administration and enforcement of all laws
related to motor carriers { - and railroads - } administered
by the department, and they, as well as assistants and employees
of the department, shall inform against and diligently prosecute
all persons whom they have reasonable cause to believe guilty of
the violation of any such laws or of the rules, regulations,
orders, decisions or requirements of the department made pursuant
thereto.
(3) Upon the request of the department, the Attorney General or
the district attorney of the proper county shall aid in any
investigation, hearing or trial, and shall institute and
prosecute all necessary suits, actions or proceedings for the
enforcement of those laws and ordinances referred to in
subsection (1) of this section.
(4) Any forfeiture or penalty provided for in any law regarding
motor carriers { - or railroads - } administered by the
department shall be recovered by an action brought thereon in the
name of the State of Oregon in any court of appropriate
jurisdiction or as provided in ORS 183.090.
SECTION 226. ORS 823.083 is amended to read:
823.083. (1) Whenever it appears to the Department of
{ - Transportation - } { + Consumer and Business Services + }
that any motor carrier { - , railroad - } or any other person
subject to the jurisdiction of the department is engaged or about
to engage in any acts or practices that constitute a violation of
any statute regarding motor carriers { - or railroads - }
administered by the department, or any rule, regulation,
requirement, order, term or condition issued thereunder, the
department may apply to any circuit court of the state where such
motor carrier { - , railroad - } or any other person subject to
the jurisdiction of the department operates for the enforcement
of such statute, rule, regulation, requirement, order, term or
condition.
(2) Such court, without bond, has jurisdiction to enforce
obedience thereto by injunction, or by other processes, mandatory
or otherwise, restraining such motor carrier { - , railroad - }
or any other person subject to the jurisdiction of the
department, or its officers, agents, employees and
representatives { + , + } from further violations of such
statute, rule, regulation, requirement, order, term or condition,
and enjoining upon them obedience thereto.
(3) The provisions of this section are in addition to and not
in lieu of any other enforcement provisions contained in any
statute administered by the department.
SECTION 227. ORS 823.085 is amended to read:
823.085. (1) Any motor carrier { - or railroad - } that
does, or causes or permits to be done, any { - matter, - }
act { + , matter + } or thing prohibited by ORS chapters 823,
{ - 824, - } 825 and 826, or omits to do any act, matter or
thing required to be done by ORS chapters 823,
{ - 824, - } 825 and 826, is liable to the person injured
thereby in the amount of damages sustained in consequence of such
violation. If the party seeking damages alleges and proves that
the wrong or omission was the result of gross negligence or
willful misconduct, the motor carrier { - or railroad - } is
liable to the person injured thereby in treble the amount of
damages sustained in consequence of the violation. The court may
award reasonable attorney fees to the prevailing party in an
action under this section.
(2) Any recovery under this section does not affect recovery by
the state of the penalty, forfeiture or fine prescribed for such
violation.
(3) This section does not apply with respect to the liability
of any motor carrier { - or railroad - } for personal injury
or property damage.
SECTION 228. ORS 823.087 is amended to read:
823.087. (1) The remedies and enforcement procedures provided
in ORS chapters 823, { - 824, - } 825 and 826 do not release
or waive any right of action by the state or by any person for
any right, penalty or forfeiture that may arise under any law of
this state or under an ordinance of any municipality thereof.
(2) All penalties and forfeitures accruing under said statutes
and ordinances are cumulative and a suit for and recovery of one
{ - , - } shall not be a bar to the recovery of any other
penalty.
(3) The duties and liabilities of the motor carriers { - or
railroads - } shall be the same as are prescribed by the common
law, and the remedies against them the same, except where
otherwise provided by the Constitution or statutes of this state,
and the provisions of ORS chapters 823, { - 824, - } 825 and
826 are cumulative thereto.
SECTION 229. ORS 823.101 is amended to read:
823.101. (1) Any for-hire carrier { - , railroad - } or
transportation company receiving property for transportation
wholly within this state, from one point in this state to another
point in this state, shall issue in accordance with the
applicable provisions of ORS chapter 77 a receipt or bill of
lading therefor, and shall be liable to the lawful holder thereof
for any loss, damage or injury to such property caused by it, or
by any common carrier to which such property may be delivered, or
over whose line or lines such property may pass, when transported
on a through bill of lading. No contract, receipt, rule,
regulation or other limitation of any character whatsoever shall
exempt such for-hire carrier { - , railroad - } or
transportation company from such liability.
(2) Any for-hire carrier { - , railroad - } or transportation
company so receiving property for transportation wholly within
this state shall be liable to the lawful holder of such receipt
or bill of lading, or to any party entitled to recover thereon,
whether such receipt or bill of lading has been issued or not,
for the full actual loss, damage or injury to such property
caused by it, or by any common carrier to which such property may
be delivered, or over whose line such property may pass when
transported on a through bill of lading, notwithstanding any
limitation of liability or limitation of the amount of recovery,
or representation or agreement as to value in any such receipt or
bill of lading, or in any contract, rule or regulation, or in any
tariff filed with the Department of { - Transportation - }
{ + Consumer and Business Services + }; and any such
limitation, irrespective of the manner or form in which it is
sought to be made, is unlawful and void.
(3) The provisions of subsection (2) of this section respecting
liability for full actual loss, damage or injury { - , - } shall
not apply { - : - }
{ - (a) To baggage carried on passenger trains or boats, or
trains or boats carrying passengers. - }
{ - (b) - } to property, except ordinary livestock,
concerning which the carrier is expressly authorized or required
by order of the Department of { - Transportation - } { +
Consumer and Business Services + } to establish and maintain
rates dependent upon the value declared in writing by the shipper
or agreed upon in writing as the released value of the property.
'Ordinary livestock' includes all cattle, swine, sheep, goats,
horses and mules, except such as are chiefly used for breeding,
racing, show purposes or other special uses.
(4) The Department of { - Transportation - } { + Consumer
and Business Services + } may make the order referred to in
subsection { - (3)(b) - } { + (3) + } of this section in
cases where rates dependent upon and varying with declared or
agreed values would, in the opinion of the department, be just
and reasonable under the circumstances and conditions surrounding
the transportation. Any tariff schedule filed with the department
pursuant to such order shall contain specific reference thereto
and may establish rates varying with the value so declared and
agreed upon.
SECTION 230. ORS 823.103 is amended to read:
823.103. No for-hire carrier { - , railroad - } or
transportation company referred to in ORS 823.101 shall provide
by rule, contract, regulation or otherwise a shorter period for
filing claims described in ORS 823.101 than the following:
(1) Nine months after delivery of property or nine months after
reasonable time for delivery has elapsed for filing of claims in
writing.
(2) Two years for the institution of suits. The period for
institution of suits shall be computed from the day when notice
is given by the carrier to the claimant that the carrier has
disallowed all or any part of the claim specified in the notice.
SECTION 231. ORS 823.991 is amended to read:
823.991. (1) Any motor carrier { - or railroad - } that
fails to comply with an order or subpoena issued pursuant to ORS
823.025 shall pay a civil penalty, for each day it so fails, of
not less than $50 nor more than $500.
(2) Except where a penalty is otherwise provided by law, any
motor carrier { - or railroad - } shall pay a civil penalty of
not less than $100 nor more than $10,000 for each time that the
motor carrier { - or railroad - } :
(a) Violates any statute regarding motor carriers { - or
railroads, as appropriate, - } administered by the Department of
{ - Transportation - } { + Consumer and Business
Services + };
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier { - or railroad - } ;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment or decree made by any court upon
the application of the department.
(3) Violation of ORS 823.029 is punishable, upon conviction or
after issuance of a final order by the department, by a fine or a
civil penalty of not less than $1,000 for each offense. A penalty
of not less than $500 nor more than $1,000 shall be recovered
from the motor carrier { - or railroad - } for each such
offense when such officer, agent or employee acted in obedience
to the direction, instruction or request of the motor carrier
{ - or railroad, - } or any general officer thereof.
(4) Violation of ORS 823.051 is punishable, upon conviction, by
a fine of not more than $100 or imprisonment for not more than 30
days, or both. Any motor carrier { - or railroad - } that
knowingly permits the violation of ORS 823.051 shall forfeit,
upon conviction, not more than $1,000 for each offense.
(5) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or
employed by any motor carrier { - or railroad - } shall in
every case be deemed to be the act, omission or failure of such
motor carrier { - or railroad - } . With respect to any
violation of any statute administered by the department regarding
motor carriers
{ - or railroads - } , any penalty provision applying to such a
violation by a motor carrier { - or railroad - } shall apply
to such a violation by any other person.
(6) Except when provided by law that a penalty, fine,
forfeiture or other sum be paid to the aggrieved party, all
penalties, fines or forfeitures collected from persons subject to
the regulatory authority of the department under ORS chapters
823,
{ - 824, - } 825 and 826 shall be paid into the General Fund
and credited to the Motor Carrier Account { - if collected from
a motor carrier and to the Railroad Fund created under ORS
824.014 (1) if collected from a railroad - } .
(7) Violation of ORS 823.105 is punishable, upon conviction or
after issuance of a final order by the department, by a fine or a
civil penalty of not more than $5,000 for each offense.
(8) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
SECTION 232. ORS 825.017 is amended to read:
825.017. Except as provided in ORS 825.026, this chapter does
not apply to the persons or vehicles described in this section.
The exemption under this section applies to the following persons
and vehicles:
(1) Vehicles being used by, or under contract with, any school
board, district or person responsible for the administration of
elementary or secondary school activities, and engaged
exclusively in transporting students or combination of students
and other persons to or from school or authorized school
activities, or those activities sponsored by the State Board of
Higher Education. This exemption shall not be affected by the
charging of a fee to cover the costs of the transportation.
(2) Vehicles being used in a taxicab operation if the vehicle:
(a) Is a passenger vehicle with a passenger seating capacity
which does not exceed five;
(b) Carries passengers for hire where the destination and route
traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee,
distance traveled or waiting time; and
(c) Is transporting persons or property, or both, between
points in Oregon.
(3) Vehicles being used for the transportation of property by
private carrier by means of a single vehicle or combination of
vehicles with a combined weight that does not exceed 8,000
pounds.
(4) Vehicles being used in operating implements of husbandry.
(5) Vehicles being used as a hearse or ambulance.
(6) Vehicles being used over any private road or thoroughfare.
(7) Vehicles being used on any road, thoroughfare or property,
other than a state highway, county road or city street, for the
removal of forest products as defined in ORS 321.005, or the
product of forest products converted to a form other than logs at
or near the harvesting site, or when used for the construction or
maintenance of the road, thoroughfare or property, pursuant to a
written agreement or permit authorizing the use, construction or
maintenance of the road, thoroughfare or property, with:
(a) An agency of the United States;
(b) The State Board of Forestry;
(c) The State Forester; or
(d) A licensee of an agency named in this subsection.
(8) Vehicles being used on any county road for the removal of
forest products as defined in ORS 321.005, or the products of
forest products converted to a form other than logs at or near
the harvesting site, if:
(a) The use is pursuant to a written agreement entered into
with the State Board of Forestry, the State Forester or an agency
of the United States, authorizing the owner of the motor vehicle
to use the road and requiring the owner to pay for or to perform
the construction or maintenance of the county road, including any
operator of a motor vehicle retained to transport logs, poles and
piling for the owners who are exempt under this section;
(b) The board, officer or agency that entered into the
agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the
responsibility for the construction or maintenance of the county
road; and
(c) Copies of the agreements or permits required by this
subsection are filed with the Director of
{ - Transportation - } { + the Department of Consumer and
Business Services + }.
(9) Vehicles being used in the transportation of persons for
hire if the operation:
(a) Is performed by a nonprofit entity;
(b) Is not in competition with a regular route full-service
scheduled carrier of persons that is subject to the provisions of
this chapter or a service provided by a mass transit district
formed under ORS chapter 267;
(c) Is performed by use of vehicles operating in compliance
with ORS 820.020 to 820.070;
(d) Is providing service with regularity under a plan of
operation within a radius of 40 air miles of the designated point
of origin; and
(e) Is approved by the Department of { - Transportation - }
{ + Consumer and Business Services + } as complying with
paragraphs (a) to (d) of this subsection.
(10) Vehicles being used in transporting disabled persons, with
or without their supervisors or assistants, to or from
rehabilitation facilities or child care services if the motor
vehicle is a passenger motor vehicle with a seating capacity of
not more than 12 passengers. The exemption provided by this
subsection applies only when the motor vehicle is operated by or
under contract with any person responsible for the administration
of rehabilitation facilities as defined in ORS 344.710 to 344.730
or child care services provided by a facility licensed under ORS
657A.030 and 657A.250 to 657A.450.
(11) Vehicles owned or operated by the United States or by any
governmental jurisdiction within the United States except when
owned or operated as a carrier for hire.
(12) Vehicles owned or operated by a mass transit district
created under ORS chapter 267.
(13) Vehicles owned or operated by persons when regularly
operating over a rural or star route and engaged exclusively in
the transportation of United States mail under contract with, or
when the person is an employee of, the Postal Service. The person
may transport additional property for consideration in the
vehicle over the mail route not to exceed 200 pounds in weight
for any one delivery.
(14) Vehicles owned or operated by, or under contract with, a
person responsible for the construction or reconstruction of a
highway under contract with the { + Highway + } Department
{ - of Transportation - } or with an agency of the United
States when operated within the immediate construction project as
described in the governmental agency contract during the
construction period.
(15) Vehicles owned or operated by, or under contract with, a
charitable organization when exclusively engaged in performing
transportation, either one way or round trip, necessary to the
operation of the charitable organization. As used in this
subsection, 'charitable organization' means an organization that
has no capital stock and no provision for making dividends or
profits, but derives its funds principally from public and
private charity and holds them in trust for the promotion of the
welfare of others and not for profit. Any organization claiming
an exemption under this subsection shall file an affidavit with
the Department { + of Consumer and Business Services + }stating
that it is organized and operated in accordance with the
requirements of this subsection.
(16) A person who provides services relating to the packing or
movement of personal property if the person does not directly or
indirectly provide a motor vehicle for the movement of the
property and if the person does not act as an agent for any
person who does provide a motor vehicle for movement of the
property.
(17) Vehicles owned or operated by a person prior to the time
the vehicle is placed in commercial operation.
(18) Vehicles with a maximum speed that does not exceed 35
miles per hour that are designed for off-road use and that are
operated on the public highways in any one calendar year a number
of miles that does not exceed 15 percent of the total number of
miles the vehicle is operated for that calendar year.
(19) Passenger vehicles with a passenger seating capacity that
does not exceed five when used in the transportation of new
telephone books.
(20) Vehicles being used for the transportation of persons by
private carrier by means of a single vehicle or combination of
vehicles with a combined weight that does not exceed 12,000
pounds.
(21) A vehicle that is used in a limousine service operation in
which the destination and route traveled may be controlled by the
passenger and the fare is calculated on the basis of any
combination of initial fee, distance traveled and waiting time if
the vehicle:
(a) Is driven by a licensed chauffeur;
(b) Is a passenger vehicle with a passenger seating capacity
that does not exceed eight;
(c) Carries passengers for hire between points in Oregon; and
(d) Operates on an irregular route basis.
(22) A person transporting the person's own commercial fishing
boat if the combined weight of the vehicle, trailer and boat is
15,000 pounds or less.
(23) Vehicles being used for the purposes of forest protection
and fire suppression if the vehicles are necessary in order to
comply with ORS 477.615 or 477.650 or a similar federal statute.
The exemption under this subsection also applies to the vehicles
described being moved to or from the work area.
(24) Fire trucks and rescue vehicles that are designated as
emergency vehicles by the Department of { - Transportation - }
{ + Revenue + } under ORS 801.260, while involved in emergency
and related operations.
SECTION 233. ORS 453.635 is amended to read:
453.635. (1) The Health Division is the State Radiation Control
Agency, but ORS 453.605 to 453.800 do not apply to a radiation
source while it is being transported on a railroad car or in a
motor vehicle subject to and in conformity with rules adopted by
the { + Public Utility Commission and the + }Department of
{ - Transportation - } { + Consumer and Business Services + }
nor do they apply to any matter other than transportation of
radiation sources within the authority of the Energy Facility
Siting Council under ORS chapter 469. To protect occupational and
public health and safety against radiation hazards the division
shall:
(a) Develop programs to evaluate hazards associated with the
use of radiation sources; and
(b) With due regard for compatibility with the regulatory
programs of the Federal Government, promulgate standards and make
reasonable regulations relating to registration, licensing, use,
handling, transport, storage, disposal, other than disposal
regulated by ORS 469.300 to 469.563, 469.590 to 469.619 and
469.930, and control of radiation sources, including but not
limited to by-product materials, source materials and special
nuclear materials.
(2) To protect occupational and public health and safety
against radiation hazards the division or its authorized
representative may:
(a) Advise, consult and cooperate with other agencies of this
state, the Federal Government, other states, interstate agencies,
political subdivisions of this state or other states and with
groups concerned with control of radiation sources;
(b) Encourage, participate in or conduct studies,
investigations, training, research or demonstrations relating to
control of radiation sources;
(c) Accept and administer loans, grants or other funds or
gifts, conditional or otherwise, from the Federal Government or
from any other source, public or private;
(d) Collect and disseminate information relating to control of
radiation sources; and
(e) Subject to any applicable provision of the State Personnel
Relations Law, appoint officers and employees and prescribe their
duties and fix their compensation.
SECTION 234. ORS 453.825 is amended to read:
453.825. (1) The Department of { - Transportation - } { +
Consumer and Business Services + } shall coordinate development
of a single plan and procedure for the regulation of the
transportation of hazardous material and waste and radioactive
material and waste in Oregon.
(2) In developing the plan under subsection (1) of this
section, the department { - of Transportation - } shall
cooperate with the Interagency Hazard Communication Council
created under ORS 453.510.
(3) As used in this section, 'hazardous waste' has the meaning
given that term in ORS 466.005.
SECTION 235. ORS 453.835 is amended to read:
453.835. The Department of { - Transportation - } { +
Consumer and Business Services + } shall submit regular reports
on progress made toward completion of the plans to a committee
designated by the Speaker of the House and the President of the
Senate. If no such committee is designated, the reports shall be
submitted to the Emergency Board.
SECTION 236. ORS 466.080 is amended to read:
466.080. In adopting rules governing transportation of any
hazardous wastes for which a permit is required, the Department
of
{ - Transportation - } { + Consumer and Business Services + }
or the State Department of Agriculture must consult with and
consider the recommendations of the Department of Environmental
Quality prior to the adoption of any such rules. Transporters
shall be required to deliver hazardous wastes to a site named in
the manifest provided for in ORS 466.005 to 466.385, 466.990 (1)
and (2) and 466.992, or to an alternative site approved by the
department.
SECTION 237. ORS 469.605 is amended to read:
469.605. (1) No person shall ship or transport radioactive
material identified by the Energy Facility Siting Council by rule
as posing a significant hazard to public health and safety or the
environment if improperly transported into or within the State of
Oregon without first obtaining a permit from the Office of
Energy.
(2) Such permit shall be issued for a period not to exceed one
year and shall be valid for all shipments within that period of
time unless specifically limited by permit conditions.
(3) Application for a permit under this section shall be made
in a form and manner prescribed by the administrator of the
Office of Energy and may include:
(a) A description of the kind, quantity and radioactivity of
the material to be transported;
(b) A description of the route or routes proposed to be taken
and the transport schedule;
(c) A description of any mode of transportation; and
(d) Other information required by the administrator to evaluate
the application.
(4) The administrator shall collect a fee from all applicants
for permits under this section in an amount reasonably calculated
to provide for the costs to the Office of Energy of performing
the duties of the Office of Energy under ORS 469.550 (3),
469.563, 469.603 to 469.619 and 469.992. Fees collected under
this subsection shall be deposited in the Office of Energy
Account established under ORS 469.120.
(5) The administrator shall issue a permit only if the
application demonstrates that the proposed transportation will
comply with all applicable rules adopted under ORS 469.603 to
469.619 and if the proposed route complies with federal law as
provided in ORS 469.606.
(6) The administrator may delegate the authority to issue
permits for the transportation of radioactive material to the
Department of { - Transportation - } { + Consumer and
Business Services + }. In exercising such authority, the
department { - of Transportation - } shall comply with the
applicable provisions of ORS 469.603 to 469.619 and rules adopted
by the administrator or the Energy Facility Siting Council under
ORS 469.603 to 469.619. Permits issued by the department { - of
Transportation - } under this subsection shall be enforced
according to the provisions of ORS 825.258. The administrator
also may delegate other authority granted under ORS 469.605 to
469.619 to other state agencies if the delegation will maintain
or enhance the quality of the transportation safety program.
SECTION 238. ORS 469.606 is amended to read:
469.606. (1) Upon receipt of an application required under ORS
469.605 for which radioactive material is proposed to be
transported by highway, the Office of Energy shall confer with
the following persons to determine whether the proposed route is
safe, and complies with applicable routing requirements of the
United States Department of Transportation and the United States
Nuclear Regulatory Commission:
(a) The { - Oregon Department of Transportation - } { +
Department of Consumer and Business Services + }, or a designee
of the { - Oregon Department of Transportation - } { +
department + };
(b) The Energy Facility Siting Council, or a designee of the
Energy Facility Siting Council; and
(c) The { - Oregon Transportation - } { + Highway + }
Commission, or a designee of the { - Oregon Transportation - }
commission.
(2) If, after consultation with the persons set forth in
subsection (1) of this section, a determination is made that the
proposed route is not the best and safest route for transporting
the material, the administrator of the Office of Energy shall
deny the application except as provided in subsection (3) of this
section.
(3) If the applicant is prohibited by a statute, rule or other
action of an adjacent state or a political subdivision in an
adjacent state from using the route that complies with federal
law, the administrator:
(a) Shall petition the United States Department of
Transportation for an administrative determination of preemption
of the ban, pursuant to section 13 of the Hazardous Materials
Transportation Uniform Safety Act of 1990, P.L. 101-615.
(b) May issue a permit as provided under ORS 469.605 (5) with
conditions necessary to assure safe transport over a route
available to the applicant, until the United States Department of
Transportation determines whether the prohibition by the other
state or political subdivision is preempted.
SECTION 239. ORS 469.607 is amended to read:
469.607. (1) After consultation with the Department of
{ - Transportation - } { + Consumer and Business Services + }
and other appropriate state, local and federal agencies, the
Energy Facility Siting Council by rule:
(a) May fix requirements for notification, record keeping,
reporting, packaging and emergency response;
(b) May designate those routes by highway, railroad, waterway
and air where transportation of radioactive material can be
accomplished safely;
(c) May specify conditions of transportation for certain
classes of radioactive material, including but not limited to,
specific routes, permitted hours of movement, requirements for
communications capabilities between carriers and emergency
response agencies, speed limits, police escorts, checkpoints,
operator or crew training or other operational requirements to
enhance public health and safety; and
(d) May establish requirements for insurance, bonding or other
indemnification on the part of any person transporting
radioactive material into or within the State of Oregon under ORS
469.603 to 469.619 and 469.992.
(2) The requirements imposed by subsection (1) of this section
must be consistent with federal Department of Transportation and
Nuclear Regulatory Commission rules.
(3) Rules adopted under this section shall be adopted in
accordance with the provisions of ORS 183.310 to 183.550.
SECTION 240. ORS 737.346 is amended to read:
737.346. (1) As used in this section, 'fictitious grouping '
means a grouping by way of membership, license, franchise,
contract, agreement or any method other than common ownership, or
use and control.
(2) No insurer shall:
(a) Make available, through any rating plan or form, property,
inland marine, casualty or surety insurance, or any combination
thereof, at a preferred rate or premium to any person based upon
a fictitious grouping of that person.
(b) Write or deliver a form, plan or policy of insurance
covering a grouping or combination of persons or risks, any of
which are within this state, at a preferred rate or form other
than that offered to the public generally and persons not in the
group, unless the form, plan or policy and the rates or premiums
to be charged therefor have been approved by the Director of the
Department of Consumer and Business Services. The director shall
not approve any form, plan or policy, or the rates therefor, that
would constitute a violation of paragraph (a) of this subsection.
(3) Nothing in this section applies:
(a) To policies of life or health insurance;
(b) To insurance for public bodies as defined in ORS 30.260;
(c) To insurance for employers subject to ORS chapter 656 who
are primarily engaged in farming. Any contract negotiated by an
exempt farming group, including the rate, shall be restricted to
members of the group;
(d) To property and casualty insurance policies for personal,
family or household purposes, and not for commercial or business
purposes, under the following conditions:
(A) If the policies are offered to members of an association,
including a labor union, which has had an active existence for at
least one year, has a constitution and bylaws and is maintained
in good faith for purposes other than that of obtaining
insurance;
(B) If the policies are based on premiums that are adequate to
support coverage of the group without subsidy by other rate
payers; and
(C) If the insurer does not unfairly discriminate against
holders of other insurance policies;
(e) To liability and property insurance required under ORS
825.160 for persons who apply for or who have received authority
issued by the Department of { - Transportation - } { +
Consumer and Business Services + } under ORS chapter 825 to
transport logs, poles, pilings, peeler cores, lumber, shingles,
veneer, plywood, particle board, wallboard, siding, cordwood in
long or short lengths, sawdust, hog fuel, wood chips, wood
pellets, bark dust or cut trees that are or will be sold for use
as Christmas trees;
(f) To liability or casualty insurance issued in this state on
commercial risks, if:
(A) The policy requires active participation in a plan of risk
management which has established measures and procedures to
minimize both the frequency and severity of losses;
(B) The policy passes on the benefits of reduced losses to plan
participants; and
(C) Rates are actuarially measurable and credible and
sufficiently related to actual and expected loss and expense
experience of the group so as to assure that nonmembers of the
group are not unfairly discriminated against; or
(g) To insurance for child care facilities that are certified
in accordance with ORS chapter 657A.
(4) Under ORS 731.244, the director shall make rules necessary
for implementation of this section.
SECTION 241. ORS 803.600 is amended to read:
803.600. A trip permit grants authority to temporarily operate
a vehicle on the highways of this state under circumstances where
the operation would not otherwise be legal because the vehicle is
not registered by this state or because provisions relating to
the vehicle's registration do not allow the operation. The
Department of { - Transportation - } { + Revenue + } shall
provide for the issuance of trip permits in a manner consistent
with this section. All of the following apply to permits issued
under this section:
(1) The department shall issue the following types of trip
permit to authorize the described type of operation and shall not
issue trip permits for any other purpose:
(a) A heavy motor vehicle trip permit may be issued for a motor
vehicle with a combined weight of more than 8,000 pounds or that
is a fixed load motor vehicle, and that is not registered in this
state. A permit described in this paragraph is valid for 10
consecutive days.
(b) A heavy trailer trip permit may be issued for a trailer
that will be operated on the highways at a loaded weight of more
than 8,000 pounds or that is a fixed load vehicle, and that is
not registered to allow operation of the vehicle in this state. A
permit described in this paragraph is valid for 10 consecutive
days. This subsection does not apply to travel trailers,
manufactured structures or special use trailers.
(c) A light vehicle trip permit may be issued for a vehicle
with a combined weight of less than 8,001 pounds that is not a
fixed load vehicle and that is not registered to allow operation
of the vehicle in this state. Permits described in this paragraph
may be issued for periods of 10 days, 30 days, 60 days, 90 days
or 120 days but no person may receive the authority granted under
a light vehicle trip permit for more than 120 days in any
12-month period for any given vehicle. A person who applies for a
light vehicle trip permit must certify that the person has not
been granted permits that together authorize the person to exceed
the maximum number of days of operation allowed by this paragraph
and that the permit applied for would not, in conjunction with
other permits received, authorize the person to exceed the
maximum number of days of operation allowed by this paragraph.
This paragraph does not apply to campers, travel trailers or
motor homes, which are eligible for recreational vehicle trip
permits under paragraph (d) of this subsection.
(d) A recreational vehicle trip permit may be issued for a
period of up to 10 consecutive days for a camper, travel trailer
or motor home that is not registered for operation in this state.
A person buying a recreational vehicle trip permit must show
proof satisfactory to the department { - of Transportation - }
that the person is the owner of the camper, travel trailer or
motor home for which the permit will be granted. A person may not
receive recreational vehicle trip permits authorizing more than
10 days of operation in any 12-month period. A person who applies
for a recreational vehicle trip permit must certify that the
person has not been granted permits that together, and including
the permit applied for, exceed the maximum number of days of
operation allowed by this paragraph.
(e) A registration weight trip permit may be issued for a
vehicle that is registered in this state, to allow the vehicle to
be operated with a greater combined weight than is permitted by
the registration weight established for the vehicle or at a
greater combined weight than is otherwise permitted under the
registration for the vehicle if the vehicle is not required to
establish a registration weight. A permit issued under this
paragraph does not authorize movements or operations for which a
variance permit is required under ORS 818.200. A permit issued
under this paragraph shall show the maximum registration weight
allowed for operation under the permit. A permit issued under
this paragraph is valid for 10 consecutive days.
(f) A registered vehicle trip permit may be issued for a
vehicle that is registered in this state to allow the vehicle to
operate under conditions or in ways not permitted by the terms of
the vehicle registration. The department shall determine by rule
the kinds of operation for which permits may be issued under this
paragraph. A permit issued under this paragraph is valid for 10
consecutive days.
(g) A manufactured structure trip permit may be issued to allow
movement of a manufactured structure. Except movements of
manufactured structures by vehicle transporters permitted under
ORS 822.310, all movements of manufactured structures on the
highways of this state shall be by trip permit. The provisions
under ORS 820.560 and 820.570 apply to trip permits for
manufactured structures in addition to the requirements under
this section. A permit issued under this paragraph is valid
during the movement of the manufactured structure specifically
authorized by the permit.
(2) The following requirements for records are established
concerning permits issued under this section:
(a) Any carrier regulated by the Department { + of Consumer
and Business Services + } shall maintain records of heavy motor
vehicle and heavy trailer trip permits and registration weight
trip permits issued to the carrier as required by the department
by rule.
(b) Requirements for the { - department - } { + Department
of Revenue + } to maintain records concerning trip permits are
established under ORS 802.200.
(3) An owner or operator of a vehicle may obtain a trip permit.
The fees for issuance of trip permits are as provided under ORS
803.645.
(4) The department shall make the trip permits available to all
field offices and agents maintained by the department and may
make arrangements for the issuance of the permits by designated
individuals, firms or associations for the convenience of the
motoring public.
(5) The department may also sell heavy motor vehicle, heavy
trailer and registration weight trip permits in advance of
issuance to contractors, transportation companies and other users
for issuance to their own vehicles or vehicles under their
control.
(6) The department shall adopt rules for the issuance, sale and
control of all trip permits.
(7) Trip permits are not required for the operation of
unregistered vehicles other than manufactured structures where
such operation is permitted as follows:
(a) By vehicle dealers as permitted under ORS 822.040.
(b) By vehicle transporters as permitted under ORS 822.310.
(c) By towing businesses as permitted under ORS 822.210.
(8) Trip permits are not required for the operation of
unregistered vehicles where such operation is permitted under ORS
803.305.
(9) Unregistered vehicles that are operated without a trip
permit are subject to the prohibitions and penalties for
operation of unregistered vehicles under ORS 803.300 or 803.315,
as appropriate. Manufactured structures that are moved on the
highways without a trip permit, where a trip permit is required,
are subject to penalty as provided under ORS 820.570.
(10) A trip permit may be issued to a school vehicle registered
under ORS 805.050 for use of the vehicle for purposes not
permitted under ORS 805.050.
SECTION 242. ORS 825.206 is amended to read:
825.206. A person engaged exclusively in the conduct of
interstate transportation shall:
(1) Observe and comply with the laws of this state regulating
traffic on its highways, or the operation of motor vehicles
thereon, or limiting the size, weight or speed of motor vehicles;
and
(2) Observe and comply with the laws of this state and with the
orders, rules and regulations of the Department of
{ - Transportation - } { + Consumer and Business Services,
the Highway Department + }, county courts, boards of county
commissioners and municipal authorities to protect the highways
from substantial damage and to promote safety to other users
thereof, to adjacent property and facilities and to the public.
SECTION 243. ORS 826.031 is amended to read:
826.031. (1) The owner of a vehicle that is subject to the tax
imposed under ORS 825.474 and that is not registered under the
proportional registration provisions of this chapter and is not
registered in any other jurisdiction shall register the vehicle
with the Department of { - Transportation - } { + Consumer
and Business Services + } if the vehicle is to be operated in
this state. Registration under this section is in lieu of
registration { + with the Department of Revenue + } under ORS
chapter 803.
(2) The Department { + of Consumer and Business Services + }
shall determine the form of application for registration and
renewal of registration and may require any information that it
determines necessary to facilitate the registration process.
(3) A vehicle registered under this section is subject to the
insurance requirements of ORS 825.160 and not to the financial
responsibility requirements of ORS chapter 806. Certification of
compliance with financial responsibility requirements as
specified in ORS 803.460 is not required for renewal of
registration of a vehicle under this section.
(4) A vehicle registered under this section shall be deemed to
be fully registered in this state for any type of movement or
operation, except that in those instances in which a grant of
authority is required for intrastate movement or operation, no
such vehicle shall be operated in intrastate commerce in this
state unless the owner thereof has been granted intrastate
authority or right by the Department { + of Consumer and
Business Services + } and unless the vehicle is being operated in
conformity with such authority and rights.
(5) A vehicle may be registered under this section prior to a
certificate of title being issued for the vehicle but nothing in
this section affects any requirement that a certificate of title
be issued.
{ +
AVIATION + }
SECTION 244. { + Sections 245 to 252 of this 1999 Act are
added to and made a part of ORS chapter 835. + }
SECTION 245. { + (1) The Oregon Department of Aviation is
established.
(2) The department is under the supervision and control of a
director, who is responsible for the performance of the duties,
functions and powers of the department.
(3) For purposes of administration, subject to the approval of
the State Aviation Board, the director may organize and
reorganize the department as the director considers necessary to
conduct properly the work of the department. + }
SECTION 246. { + (1) There is established the State Aviation
Board consisting of five members appointed by the Governor,
subject to confirmation by the Senate pursuant to ORS 171.562 and
171.565. The Governor shall appoint members of the board in
compliance with all of the following:
(a) Members shall be appointed with consideration of the
different geographic regions of the state, with one member being
a resident of the area east of the Cascade Range.
(b) Not more than three members shall belong to the same
political party. Party affiliation shall be determined by the
appropriate entry on official election registration cards.
(2) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. In case of a vacancy for any cause,
the Governor shall appoint a person to fill the office for the
unexpired term.
(3) A member of the board is entitled to compensation and
expenses as provided by ORS 292.495. + }
SECTION 247. { + (1) The Governor shall appoint one member of
the State Aviation Board as chairperson and another member as
vice chairperson. The chairperson and vice chairperson shall have
such terms, duties and powers as the board determines are
necessary for the performance of such offices.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once a month, at a time and
place determined by the board. The board shall also meet at such
other times and places as are specified by the call of the
chairperson or of a majority of the board.
(4) No vacancy shall impair the right of the remaining board
members to exercise all the powers of the board, except that
three members of the board shall constitute a quorum for the
conduct of business of the board, and, in case the board members
are unable to agree, the Governor shall have the right to vote as
a member of the board.
(5) The board may provide an official seal. + }
SECTION 248. { + (1) The State Aviation Board shall appoint
the Director of the Oregon Department of Aviation, subject to
confirmation by the Senate pursuant to ORS 171.562 and 171.565,
who holds office at the pleasure of the Governor.
(2) The board may not appoint a person as director unless the
person has a pilot license and has experience in airport
operations or management.
(3) Subject to policy direction by the board, the director
shall:
(a) Be the administrative head of the department;
(b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and
coordinate personnel of the department and prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law;
(c) Administer the laws of the state concerning aviation; and
(d) Intervene, as authorized by the board, pursuant to the
rules of practice and procedure, in the proceedings of state and
federal agencies that may substantially affect the interests of
the consumers and providers of aviation services within Oregon.
(4) In addition to duties otherwise required by law, the
director shall prescribe regulations for the government of the
department, the conduct of its employees, the assignment and
performance of its business and the custody, use and preservation
of its records, papers and property in a manner consistent with
applicable law.
(5) The director may delegate to any of the employees of the
department the exercise or discharge in the director's name of
any duty, function or power of whatever character, vested in or
imposed by law upon the director, including duties, functions or
powers delegated to the director by the board. The official act
of any person acting in the director's name and by the authority
of the director shall be considered to be an official act of the
director.
(6) The director shall have authority to require a fidelity
bond of any officer or employee of the department who has charge
of, handles or has access to any state money or property, and who
is not otherwise required by law to give a bond. The amounts of
the bonds shall be fixed by the director, except as otherwise
provided by law, and the sureties shall be approved by the
director. The department shall pay the premiums on the bonds.
(7) The director shall prepare and submit to the board on or
about December 31 of each year an annual report for the 12 months
ending the prior June 30. The annual report shall set forth all
that the department has done during the year. The report shall
contain a statement of the parts of the state aviation system
that were constructed, reconstructed or improved during the
period, together with a statement showing in a general way the
status of the state aviation system. + }
SECTION 249. { + The Director of the Oregon Department of
Aviation shall receive such salary as may be provided by law or
as fixed by the State Aviation Board. In addition to salaries,
the director, or any deputy directors or assistant directors,
subject to the limitations otherwise provided by law, shall be
reimbursed for all reasonable expenses necessarily incurred in
the performance of official duties. + }
SECTION 250. { + In accordance with applicable provisions of
ORS 183.310 to 183.550, the Director of the Oregon Department of
Aviation may adopt rules necessary for the administration of the
laws that the department is charged with administering. + }
SECTION 251. { + The Director of the Oregon Department of
Aviation and specially authorized representatives of the director
may administer oaths, take depositions and issue subpoenas to
compel the attendance of witnesses and the production of
documents or other written information necessary to carry out the
functions of the department. If any person fails to comply with a
subpoena issued under this section or refuses to testify on
matters on which the person lawfully may be interrogated, the
procedure set out in ORS 183.440 shall be followed to compel
obedience. + }
SECTION 252. { + The Oregon Department of Aviation shall be
the recipient of all federal funds paid to or to be paid to the
state to enable the state to provide aviation programs and
services. + }
SECTION 253. { + Except for duties, functions and powers
related to aircraft fuel taxes under ORS chapter 319, the duties,
functions and powers of the Department of Transportation related
to aviation are transferred to the Oregon Department of
Aviation. + }
SECTION 254. { + The Director of Transportation shall deliver
to the Oregon Department of Aviation all records and property
within the jurisdiction of the Director of Transportation that
relate to the duties, functions and powers of the Director of
Transportation regarding aviation, and shall transfer those
employees engaged primarily in the exercise of the duties,
functions and powers relating to aviation. The Oregon Department
of Aviation shall take possession of such property, and shall
take charge of such employees and employ them in the exercise of
their duties, functions and powers as employees of the Oregon
Department of Aviation, without reduction of compensation but
subject to change or termination of employment or compensation as
provided by law. Any dispute as to transfers of property and
employees under this section shall be resolved by the Governor,
and the Governor's decision shall be final. + }
SECTION 255. { + Except as otherwise provided in section 260
of this 1999 Act, all unexpended moneys appropriated or otherwise
available to the Department of Transportation for the purposes of
any of its duties, functions or powers transferred by section 253
of this 1999 Act to the Oregon Department of Aviation are
appropriated to the Oregon Department of Aviation. + }
SECTION 256. { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the operative
date of section 253 of this 1999 Act by the Department of
Transportation or the Director of Transportation with respect to
the duties, functions or powers transferred to the Oregon
Department of Aviation by section 253 of this 1999 Act, and still
pending on the operative date of section 253 of this 1999 Act,
may be conducted and completed by the Oregon Department of
Aviation in the same manner, under the same terms and conditions
and with the same effect as though undertaken, conducted or
completed by the Department of Transportation or the Director of
Transportation before the transfer. + }
SECTION 257. { + Nothing in the transfer of duties, functions
and powers by section 253 of this 1999 Act relieves any person of
any obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
SECTION 258. { + The Oregon Department of Aviation is
considered to be a continuation of the Department of
Transportation with respect to the duties, functions and powers
transferred under section 253 of this 1999 Act, and not a new
authority, for the purpose of succession to all rights and
obligations of the Department of Transportation regarding
aviation, as constituted at the time of such assignment or
transfer, with the same force and effect as if such duties,
functions and powers had not been assigned or transferred. + }
SECTION 259. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the aviation
functions of the Department of Transportation, or an employee
thereof, whose duties, functions or powers are transferred by
section 253 of this 1999 Act, except as otherwise specifically
provided, such reference is considered to be a reference to the
Oregon Department of Aviation or the Director of the Oregon
Department of Aviation, as appropriate.
(2) The lawful rules of the Department of Transportation with
respect to duties, functions or powers transferred by section 253
of this 1999 Act continue in effect until superseded or rescinded
by rules lawfully adopted by the Oregon Department of
Aviation. + }
SECTION 260. { + Until the Director of the Oregon Department
of Aviation is appointed and has qualified, the Department of
Transportation and the Director of Transportation shall continue
to exercise and perform the duties, functions and powers
transferred by section 253 of this 1999 Act, and to have charge
of the records, property, employees and moneys transferred under
sections 253 to 255 of this 1999 Act. The Director of the Oregon
Department of Aviation may be appointed before the operative date
of section 253 of this 1999 Act, and the Director of
Transportation and the Director of the Oregon Department of
Aviation may take any actions before the operative date of
section 253 of this 1999 Act that are necessary to enable the
Director of the Oregon Department of Aviation to exercise, on and
after the operative date of section 253 of this 1999 Act, all the
duties, functions and powers conferred on the Director of the
Oregon Department of Aviation by sections 245 to 259 of this 1999
Act. + }
SECTION 261. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating the
Department of Transportation and the Director of Transportation,
wherever they occur in ORS chapters 835, 836 and 837, other words
designating the Oregon Department of Aviation and the Director of
the Oregon Department of Aviation.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the State Aeronautic
Account, wherever they occur in Oregon Revised Statutes, other
words designating the State Aviation Account.
(3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Aeronautical
Search and Rescue Account, wherever they occur in Oregon Revised
Statutes, other words designating the Aviation Search and Rescue
Account.
(4)(a) Any reference in Oregon Revised Statutes and in any law
enacted by the Seventieth Legislative Assembly to ' aeronautic,'
'aeronautics' or 'aeronautical' shall be considered a reference
to 'aviation. '
(b) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating 'aeronautic, ' '
aeronautics' or 'aeronautical' other words designating '
aviation. '
(5) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon
Transportation Commission, wherever they occur in ORS chapters
835, 836 and 837 or in any law enacted by the Seventieth
Legislative Assembly dealing with aeronautics, other words
designating the State Aviation Board. + }
SECTION 262. ORS 197.183 is amended to read:
197.183. A local government shall provide notice to the
{ - Department of Transportation - } { + Oregon Department of
Aviation + } when the local government or its designee receives
an application for a comprehensive plan amendment, zone change or
permit as defined in ORS 215.402 or 227.160 that, if approved,
would result in a water impoundment larger than one-quarter acre
within 10,000 feet of an airport identified in ORS 836.610 (1).
SECTION 263. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for
public use by sale and transmission towers over 200 feet in
height.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) Nonresidential buildings customarily provided in
conjunction with farm use.
(g) A dwelling customarily provided in conjunction with farm
use if the dwelling is on a lot or parcel that is managed as part
of a farm operation not smaller than the minimum lot size in a
farm zone with a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
(i) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
(j) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(k) One manufactured dwelling, or the temporary residential use
of an existing building, in conjunction with an existing dwelling
as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident. Within three
months of the end of the hardship, the manufactured dwelling
shall be removed or demolished or, in the case of an existing
building, the building shall be removed, demolished or returned
to an allowed nonresidential use. The governing body or its
designee shall provide for periodic review of the hardship
claimed under this paragraph. A temporary residence approved
under this paragraph is not eligible for replacement under
paragraph (u) of this subsection.
(L) The breeding, kenneling and training of greyhounds for
racing in any county over 200,000 in population in which there is
located a greyhound racing track or in a county of over 200,000
in population contiguous to such a county.
(m) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(n) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(p) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(q) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(r) Seasonal farmworker housing as defined in ORS 197.675.
(s) Creation of, restoration of or enhancement of wetlands.
(t) A winery, as described in ORS 215.452.
(u) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement
dwelling may be sited on any part of the same lot or parcel. A
dwelling established under this paragraph shall comply with all
applicable siting standards. However, the standards shall not be
applied in a manner that prohibits the siting of the dwelling. If
the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in the deed
records for the county where the property is located a deed
restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be
irrevocable unless a statement of release is placed in the deed
records for the county. The release shall be signed by the county
or its designee and state that the provisions of this paragraph
regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the
director's designee shall maintain a record of the lots and
parcels that do not qualify for the siting of a new dwelling
under the provisions of this paragraph, including a copy of the
deed restrictions and release statements filed under this
paragraph.
(v) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
(w) An armed forces reserve center, if the center is within
one-half mile of a community college. For purposes of this
paragraph, 'armed forces reserve center' includes an armory or
National Guard support facility.
(x) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(y) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot if the farm
operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot smaller than
required under paragraph (a) of this subsection, if the lot or
parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(y) of this section.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(h) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned and operated by a governmental
agency or a nonprofit community organization, hunting and fishing
preserves, parks, playgrounds and campgrounds.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport { + , + } as used in this
section { + , + } means an airstrip restricted, except for
aircraft emergencies, to use by the owner, and, on an infrequent
and occasional basis, by invited guests, and by commercial
aviation activities in connection with agricultural operations.
No aircraft may be based on a personal-use airport other than
those owned or controlled by the owner of the airstrip.
Exceptions to the activities permitted under this definition may
be granted through waiver action by the { - Department of
Transportation - } { + Oregon Department of Aviation + } in
specific instances. A personal-use airport lawfully existing as
of September 13, 1975, shall continue to be permitted subject to
any applicable rules of the { - Department of
Transportation - } { + Oregon Department of Aviation + }.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not described in subsection (1)(L) of this
section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic and insect species. Insect species shall not include any
species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture. The county shall
provide notice of all applications under this paragraph to the
State Department of Agriculture. Notice shall be provided in
accordance with the county's land use regulations but shall be
mailed at least 20 calendar days prior to any administrative
decision or initial public hearing on the application.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u)(A) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary.
(B) As used in this paragraph:
(i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(ii) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(v) Operations for the extraction and bottling of water.
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Ag