71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2142
 
LC 856-1/HB 2142-8
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2142
 
                 By COMMITTEE ON TRANSPORTATION
 
                             May 24
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
amending ORS 366.524, 367.605, 367.620, 803.090 and 821.040;
prescribing an effective date; and providing for revenue raising
that requires approval by a three-fifths majority.'.
  Delete lines 4 through 31 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 367.620 is amended to read:
  ' 367.620.  { + (1) Except as provided in subsection (2) of
this section, the principal amount of Highway User Tax + } Bonds
issued under ORS 367.615 shall   { - not exceed in the aggregate
a principal sum of $138.4 million - }  { +  be subject to the
provisions of ORS 286.505 to 286.545 + }.
  '  { +  (2) Highway User Tax Bonds may be issued under ORS
367.615 for the purposes described in section 2 of this 2001 Act
in an aggregate principal amount sufficient to produce net
proceeds of not more than $400 million. The provisions of ORS
286.505 to 286.545 do not apply to bonds described in this
subsection. + }
  '  { +  SECTION 2. + }  { + (1) As used in this section:
  ' (a) 'Highway' has the meaning given that term in ORS 801.305.
  ' (b) 'Modernization' has the meaning given that term in ORS
184.651.
  ' (c) 'Preservation' has the meaning given that term in ORS
184.651.
  ' (2) Bonds described in ORS 367.620 (2) shall be used to
finance preservation and modernization projects chosen by the
Oregon Transportation Commission. The commission shall select
projects from among the following:
  ' (a) Highways that need increased lane capacity.
  ' (b) Highways and bridges that have weight limitations.
  ' (c) State and local bridges.
  ' (d) Interchanges on multilane highways.
  ' (e) District highways in cities and counties that require
preservation. The Department of Transportation shall adopt rules
defining 'district highway' for purposes of this paragraph.
  ' (3) In choosing projects under subsection (2) of this
section, the commission shall use the following criteria, in
addition to any criteria developed under section 3 of this 2001
Act:
  ' (a) Lane capacity projects shall be chosen from a financially
constrained list.
  ' (b) Bridge projects shall be chosen on the basis of a bridge
inventory or rating system recognized by the commission.
  ' (c) Priority for interchange projects shall be given to
projects on multilane highways where safety can be enhanced by
constructing a grade-separated interchange to replace an at-grade
crossing.
  ' (d) Priority for district highway preservation projects shall
be given to those projects that may facilitate transfer of
 
jurisdiction over the highway from the state to a local
government.
  ' (e) Projects selected for financing under this section shall
be equitably distributed throughout the state, using the criteria
for distribution of projects that are used for the Statewide
Transportation Improvement Program. + }
  '  { +  SECTION 3. + }  { + In establishing criteria other than
those specified in section 2 of this 2001 Act for selection of
projects, and in choosing projects under section 2 of this 2001
Act, the Oregon Transportation Commission shall consult with
local governments, metropolitan planning organizations and
regional transportation advisory groups. + }
  '  { +  SECTION 4. + }  { + Projects to be funded from the
proceeds of the bonds described in ORS 367.620 (2) shall be
chosen by February 1, 2002. + }
  '  { +  SECTION 5. + } ORS 366.524 is amended to read:
  ' 366.524. The taxes collected under ORS 319.020, 319.530,
 { +  803.090, + } 803.420, 818.225, 825.476 and 825.480 { + ,
minus $71.2 million per biennium, + } shall be allocated 24.38
percent to counties under ORS 366.525 and 15.57 percent to cities
under ORS 366.800.
  '  { +  SECTION 6. + }  { + Each biennium, $71.2 million of
moneys available to the Department of Transportation shall be
used to pay any principal and interest due on bonds described in
ORS 367.620 (2).  However, any portion of the $71.2 million that
is not needed for payment of principal and interest on the bonds
shall be allocated 50 percent to the Department of
Transportation, 30 percent to counties and 20 percent to cities.
Moneys allocated to counties and cities under this section shall
be distributed in the same manner as moneys allocated under ORS
366.524 are distributed. + }
  '  { +  SECTION 7. + } ORS 803.090 is amended to read:
  ' 803.090. The following fees are the fees for the transaction
described:
  ' (1) The transfer fee under ORS 803.092  { - , $10 - }  { + :
  ' (a) For a salvage title, $17.
  ' (b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
  ' (c) For vehicles not described in paragraph (b) of this
subsection, $30 + }.
  ' (2) The fee for issuance of a certificate of title under ORS
803.045   { - or a salvage title certificate under ORS 803.140,
$10. - }  { + :
  ' (a) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90. + }  { +
  ' (b) For vehicles not described in paragraph (a) of this
subsection, $30.
  ' (3) The fee for issuance of a salvage title certificate under
ORS 803.140, $17. + }
  '  { - (3) - }  { +  (4) + } The fee for issuance of a
duplicate or replacement certificate of title   { - or salvage
title certificate - } under ORS 803.065  { - , $10 - }  { + :
  ' (a) For a duplicate or replacement salvage title certificate,
$17.
  ' (b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90. + }  { +
  ' (c) For a vehicle not described in paragraph (b) of this
subsection, $30 + }.
  '  { +  (5) + } The fee under   { - this - }  subsection
 { + (4) of this section + } must be paid at the same time as a
transfer fee under this section if application is made at the
same time as application for transfer.
 
  '  { - (4) - }  { +  (6) + } The fee for issuance of a new
certificate of title under ORS 803.220 indicating a change of
name or address  { - , $10 - }  { + :
  ' (a) For a new salvage title certificate, $17.
  ' (b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
  ' (c) For a vehicle not described in paragraph (b) of this
subsection, $30 + }.
  '  { - (5) - }   { + (7) + } The fee for late presentation of
certificate of title under ORS 803.105, $25 from the 31st day
after the transfer through the 60th day after the transfer and
$50 thereafter.
  '  { - (6) - }   { + (8) + } The fees for title transactions
involving a form of title other than a certificate shall be the
amounts established by the Department of Transportation by rule
under ORS 803.012.
  '  { +  SECTION 8. + } ORS 367.605 is amended to read:
  ' 367.605. This section establishes the moneys available for
use or pledge for purposes of issuing bonds under ORS 367.615 or
367.670. Such moneys are established as provided under the
following:
  ' (1) Except as provided in subsection (2) of this section,
moneys, once deposited in the highway fund established under ORS
366.505, from all of the following sources are subject to the use
or pledge described by this section:
  '  { - (a) Moneys credited to the highway fund under ORS
153.630. - }
  '  { - (b) - }  { +  (a) + } Moneys from the   { - tax - }
 { +  taxes and fees + } on motor carriers imposed under ORS
825.474 { +  and 825.480 + }.
  '  { - (c) - }  { +  (b) + } Moneys from the tax on motor
vehicle fuel imposed under ORS 319.020.
  '  { - (d) - }  { +  (c) + } Moneys from the tax on fuel used
in motor vehicles imposed under ORS 319.530.
  '  { - (e) - }  { +  (d) + } Moneys described under ORS 803.090
from the titling of vehicles.
  '  { - (f) - }  { +  (e) + } Moneys described under ORS 803.420
from the registration of vehicles.
  '  { - (g) - }  { +  (f) + } Moneys described under ORS 807.370
relating to the issuance of driver licenses and driver permits.
  '  { +  (g) Moneys received by the Department of Transportation
from taxes, fees or charges imposed after January 1, 2001, or
other revenues received by the department from sources not listed
in paragraphs (a) to (f) of this subsection that are available
for the use or pledge described by this section.
  ' (h) Any other moneys legally available to the department for
the use or pledge described in this section. + }
  ' (2) Moneys described under subsection (1) of this section do
not include any moneys described in the following:
  ' (a) Moneys provided for appropriations to counties under ORS
366.525 to 366.540.
  ' (b) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  ' (c) Moneys in the account established under ORS 366.512 for
parks and recreation.
  '  { +  (3) Notwithstanding ORS 366.507, the lien or charge of
any pledge of moneys securing bonds issued under ORS 367.615 or
367.670 shall be superior or prior to any other lien or charge
and to any law of the state requiring the department to spend
moneys for specified highway purposes. + }
  '  { +  SECTION 9. + } ORS 821.040 is amended to read:
  ' 821.040. (1) A person commits the offense of operation of an
off-road vehicle without required equipment if the person is
operating a vehicle described in ORS 821.010 in an area described
 
in ORS 821.020 and the vehicle is not equipped in compliance with
all of the following:
  ' (a) The vehicle must be equipped with a muffler that meets
the standards for noise emissions established under ORS 821.030.
  ' (b) The vehicle must be equipped with brakes that meet the
requirements established under ORS 821.030.
  ' (c) The vehicle must be equipped with a windshield wiper if
the vehicle is equipped with a windshield.
  ' (d) When the vehicle is operated on sand, the vehicle must be
equipped with a flag that meets the requirements established
under ORS 821.030.
  ' (e) The vehicle must be equipped with any safety equipment
required under ORS 821.030.
  ' (f) At any time from one-half hour after sunset to one-half
hour after sunrise, the vehicle must be equipped with and display
headlights and taillights.
  ' (2) Motorcycles and mopeds are not required by this section
to be equipped with windshield wipers   { - or flags - } .
  ' (3) The offense described in this section, operation of
off-road vehicle without required equipment, is a Class C traffic
violation.
  '  { +  SECTION 10. + }  { + This 2001 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-first Legislative Assembly adjourns sine die. + } ' .

                                                      ***