2007 Oregon Code - Chapter 184 :: Chapter 184 - Administrative Services and Transportation Departments
Chapter 184
Administrative Services and Transportation Departments
2007 EDITION
CERTAIN EXECUTIVE BRANCH DEPARTMENTS
EXECUTIVE BRANCH; ORGANIZATION
OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES
(Generally)
184.305 Oregon
Department of Administrative Services
184.315 Director
of Oregon Department of Administrative Services; confirmation; compensation;
bond
184.325 Duties
of director; administrative divisions; appointive power; exception
184.335 Deputy
director; subordinate officers
184.340 Rules
184.345 Oregon
Department of Administrative Services to provide services to certain agencies
on reimbursable basis
184.351 Corrections
population forecasts
184.354 Federal
Funds Account
184.360 Internal
audits in state government; policy; reports; rules
184.365 Authority
of Oregon Department of Administrative Services to require fingerprints
(Grant Agreements for Baseball Tax Revenues)
184.400 Definitions
for ORS 184.400 to 184.408; rules
184.402 Findings
184.404 Grant
agreements; obligations of state
184.406 Prerequisites
of grant agreement
184.408 Major
League Stadium Grant Fund
(Sustainability)
184.421 Sustainability
defined
184.423 Findings
and goals regarding sustainability
(Sustainability Board)
184.425 Definitions
for ORS 184.425 to 184.435
184.427 Sustainability
Board; members; terms; qualifications; confirmation
184.429 Powers
and duties of board
184.431 Chairperson
and vice chairperson; quorum; meetings
184.433 Rules
184.435 Sustainability
Board Fund
(Information Technology Management)
184.473 Definitions
for ORS 184.475 and 184.477
184.475 Information
technology portfolio-based management; inventory; standards; rules; exception
184.477
DEPARTMENT OF TRANSPORTATION
(Generally)
184.610 Definitions
for ORS 184.610 to 184.666
184.611 Freight
mobility projects; priority
184.612 Oregon
Transportation Commission; confirmation; qualifications; term; compensation and
expenses
184.613 Officers;
quorum; meetings; effect of vacancy; seal
184.615 Department
of Transportation; organization; duties; director; administrators
184.616 Department
powers given commission; service of summons
184.617 Functions
of commission and department
184.618 Duties
of commission in preparing and implementing state transportation policy
184.619 Rulemaking
authority; orders
184.620 Director
of Transportation; confirmation; subordinates
184.622 Authority
of Department of Transportation to require fingerprints
184.625 Compensation
and expenses of director and subordinates
184.628 Chief
engineer; appointment; qualifications; staff engineers
184.630 Research
program
184.631 Public-private
research and development program; rules
184.632 Legislative
finding on ports; policy
184.633 Duties
of director; delegation; bonds for employees; participation in land use matters
184.634 Disposition
of real property by department; rules
184.635 Reports
to Governor; delegation of powers; rules
184.636 Revolving
funds; disbursements; payment of claims and expenses of other state agencies
184.637 Departmental
fiscal officer; reports
184.638 Functions
provided by fiscal officer
184.639 Internal
auditor
184.640 Transportation
Administration Account; budget and payment for administrative expenses of
department
184.642 Department
of Transportation Operating Fund; sources; uses
184.643 Transfer
of certain fuel tax moneys to operating fund
184.644 Levy
and sale of property for payment of liquidated and delinquent debt owed to
department; fees; levy on funds of debtor
184.645 Department
of Transportation Working Capital Account; data processing and photocopy
equipment and services
184.647 Transfer
of funds to working capital account; retransfer; use of remainder
184.648 Revolving
fund
184.649 Report
on audits
(Accounting and Budgeting)
184.651 Cost
accounting system; requirements
184.654 Short
title
184.656 Governors
program budget for department
184.658 Highway
Construction Plan
184.664 Status
report for projects in Highway Construction Plan
184.666 Summary
of effect of mandates and regulations on costs; notification of legislators
(Road User Fee Task Force and Pilot Project)
(Temporary provisions relating to Road User Fee Task Force and pilot project
are compiled as notes following ORS 184.666)
(Cooperation and Assistance on Transportation
Projects)
184.668 Cooperation
by other agencies issuing permits for transportation projects; technical
assistance on land use decisions
(Public Transit)
184.670 Purpose
of ORS 184.670 to 184.733
184.675 Definitions
for ORS 184.670 to 184.733
184.685 Purpose
of department
184.689 Powers
and duties of department
184.691 Public
Transit Account; use of moneys
184.705 Operating
agreements
184.710 When
operating agreements prohibited
184.720 Criteria
and standards for evaluation of projects
184.725 Rules
(Public Transportation Development Program)
184.730 Authority
for public transportation development program
184.733 Department
of Transportation Public Transportation Development Fund; use of fund; sources
(Safe Routes to Schools)
184.740 Safe
Routes to Schools Fund
184.741 Safe
routes to schools program; rules
184.001 [Formerly 184.105; 1989 c.908 §17; 1991 c.11 §2; renumbered 285.001 in
1991]
184.003 [Formerly 184.120; 1975 c.225 §1; 1979 c.182
§4; 1983 c.217 §1; 1985 c.812 §5; repealed by 1987 c.168 §1 (184.004 enacted in
lieu of 184.003)]
184.004 [1987 c.168 §2; 1987 c.918 §6 (enacted in
lieu of 184.003); 1989 c.908 §18; renumbered 285.005 in 1991]
184.005 [1973 c.691 §§2,3; 1975 c.225 §2; 1981 c.545
§2; repealed by 1983 c.197 §1 (184.006 enacted in lieu of 184.005)]
184.006 [1983 c.197 §2 (enacted in lieu of 184.005);
1985 c.70 §1; renumbered 285.010 in 1991]
184.007 [1991 c.596 §1; 1993 c.676 §19; renumbered
285A.171 in 1997]
184.008 [1983 c.197 §4; 1989 c.908 §19; renumbered
285.015 in 1991]
184.010 [Formerly 184.150; 1969 c.80 §13; 1973 c.691
§4; 1975 c.225 §3; 1979 c.182 §5; 1983 c.197 §6; 1989 c.908 §20; renumbered
285.020 in 1991]
184.015 [1973 c.691 §22; 1983 c.197 §7; renumbered
285.055 in 1991]
184.020 [1967 c.397 §14; 1973 c.691 §5; 1975 c.225 §4;
repealed by 1975 c.605 §33]
184.025 [1979 c.182 §3; 1983 c.197 §8; 1985 c.806 §14;
1989 c.908 §21; renumbered 285.025 in 1991]
184.030 [1967 c.397 §15; 1973 c.691 §6; 1983 c.197 §5;
1985 c.70 §2; 1989 c.908 §22; renumbered 285.030 in 1991]
184.040 [Formerly 184.195; 1973 c.691 §7; 1983 c.197
§9; renumbered 285.085 in 1991]
184.050 [Formerly 184.220; 1973 c.691 §8; 1983 c.197
§10; renumbered 285.115 in 1991]
184.105 [1963 c.580 §17; 1967 c.397 §2; 1969 c.80 §14;
1971 c.57 §2; 1973 c.691 §10; renumbered 184.001]
184.110 [1957 c.624 §2; repealed by 1963 c.580 §103]
184.120 [1957 c.624 §1; 1967 c.397 §3; 1969 c.80 §15;
1973 c.691 §1; renumbered 184.003]
184.125 [1963 c.580 §18; 1967 c.397 §4; 1969 c.80 §16;
1971 c.57 §3; 1973 c.691 §11; 1979 c.182 §6; 1983 c.197 §11; 1985 c.70 §5; 1987
c.168 §20; 1989 c.339 §1; 1989 c.908 §23; 1991 c.95 §1; renumbered 285.035 in
1991]
184.130 [1957 c.624 §3; repealed by 1963 c.580 §103]
184.135 [1963 c.580 §19; 1969 c.80 §17; 1971 c.57 §4;
1973 c.691 §12; 1977 c.700 §5; 1983 c.197 §12; 1985 c.70 §4; 1989 c.908 §24;
renumbered 285.040 in 1991]
184.137 [1963 c.580 §20; 1969 c.80 §18; 1971 c.57 §5;
1973 c.691 §13; 1983 c.197 §13; renumbered 285.045 in 1991]
184.140 [1957 c.624 §4; 1969 c.80 §19; 1971 c.57 §6;
repealed by 1973 c.691 §21]
184.150 [1957 c.624 §5; 1967 c.397 §11; renumbered
184.010]
184.160 [1957 c.624 §6; 1969 c.80 §20; 1973 c.691 §14;
1979 c.182 §7; 1981 c.316 §1; 1983 c.197 §14; 1985 c.70 §3; 1987 c.562 §8; 1987
c.775 §6; 1989 c.908 §25; 1991 c.149 §1; renumbered 285.050 in 1991]
184.165 [1975 c.288 §2; renumbered 285.090 in 1991]
184.170 [1957 c.624 §7; 1969 c.80 §21; 1971 c.57 §7;
1973 c.691 §15; repealed by 1979 c.182 §12]
184.180 [1957 c.624 §8; 1969 c.80 §22; 1973 c.691 §16;
repealed by 1979 c.182 §12]
184.190 [1957 c.624 §9; 1967 c.397 §5; 1969 c.80 §23;
1971 c.57 §8; 1973 c.691 §17; repealed by 1979 c.182 §12]
184.195 [1961 c.315 §§1,2,3; 1967 c.397 §12;
renumbered 184.040]
184.196 [1967 c.397 §8; 1969 c.80 §24; repealed by
1973 c.691 §21]
184.198 [1967 c.397 §9; 1973 c.691 §9; 1975 c.371 §6;
1983 c.197 §15; renumbered 285.110 in 1991]
184.200 [1957 c.624 §10; 1967 c.397 §6; 1969 c.80 §25;
repealed by 1971 c.57 §11]
184.202 [1989 c.533 §1; renumbered 285.095 in 1991]
184.210 [1959 c.660 §17; 1969 c.80 §26; 1973 c.691 §18;
repealed 1981 c.68 §1]
184.215 [1981 c.653 §7; renumbered 285.105 in 1991]
184.220 [1965 c.597 §3; 1967 c.397 §13; renumbered
184.050]
184.225 [1985 c.778 §1; 1987 c.836 §1; 1989 c.851 §1;
1989 c.1015 §23a; renumbered 285.120 in 1991]
184.230 [1985 c.778 §2; repealed by 1987 c.836 §3]
184.235 [1985 c.778 §4; 1989 c.908 §27; renumbered
285.065 (1) in 1991]
184.240 [1987 c.562 §10; renumbered 285.100 in 1991]
184.250 [1987 c.162 §3; renumbered 285.060 in 1991]
184.260 [1961 c.137 §§1,2,3,4,5; 1961 c.716 §1; 1963
c.589 §1; renumbered 273.380]
184.280 [1987 c.77 §1; renumbered 285.190 in 1991]
184.285 [1987 c.77 §4; renumbered 285.185 (1) to (4)
in 1991]
OREGON
DEPARTMENT OF ADMINISTRATIVE SERVICES
(Generally)
184.305
Oregon Department of Administrative Services. The Oregon Department of Administrative Services is created. The
purpose of the Oregon Department of Administrative Services is to improve the
efficient and effective use of state resources through the provision of:
(1) Government infrastructure services
that can best be provided centrally, including but not limited to purchasing,
risk management, facilities management, surplus property and motor fleet;
(2) Rules and associated performance
reviews of agency compliance with statewide policies;
(3) Leadership in the implementation of a
statewide performance measurement program;
(4) State employee workforce development
and training;
(5) Personnel systems that promote fair,
responsive and cost-effective human resource management;
(6) Objective, credible management
information for, and analysis of, statewide issues for policymakers;
(7) Statewide financial administrative
systems; and
(8) Statewide information systems and
networks to facilitate the reliable exchange of information and applied
technology. [1969 c.80 §1 (1), (2), (3); 1971 c.57 §9; 1993 c.18 §32; 1993
c.500 §2]
184.310 [1965 c.299 §1; renumbered 390.010]
184.315
Director of
(2) Subject to confirmation by the Senate
in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint
the director, who shall hold office at the pleasure of the Governor. The person
appointed as director shall be well qualified by training and experience to
perform the functions of the office.
(3) An appointed director of the
department shall receive such salary as is provided by law or, if not so
provided, as is fixed by the Governor.
(4) Before entering upon the functions of
office, the director shall give to the state a fidelity bond with one or more
corporate sureties authorized to do business in this state in the penal sum
fixed by the Governor. [Formerly 291.007; 1973 c.792 §4]
184.325
Duties of director; administrative divisions; appointive power; exception. (1) The Director of the Oregon Department of
Administrative Services, with the approval of the Governor, shall organize and
reorganize the department in the manner the director considers necessary to
conduct the work of the department properly.
(2) The functions of the department may be
divided into administrative divisions or staff offices. Each division or office
shall be under the supervision of a person appointed by the director, with the
approval of the Governor. The appointee shall serve at the pleasure of the
director, not be subject to the State Personnel Relations Law, and be well
qualified by technical training and experience in the functions the appointee
is to perform. [Formerly 291.005; 1979 c.468 §27]
184.335
Deputy director; subordinate officers. (1) With the approval of the Governor, the director may appoint a
deputy director who shall serve at the pleasure of the director, not be subject
to the State Personnel Relations Law, and have full authority to act for the
director, subject to the control of the director. The appointment of the deputy
director shall be by written order, filed with the Secretary of State.
(2) Except as provided in ORS 184.325 and
subsection (1) of this section, the director, subject to applicable provisions
of the State Personnel Relations Law, shall appoint all subordinate officers
and employees of the department, prescribe their functions and fix their
compensation. [Formerly 291.009]
184.340
Rules. The department, with
the approval of the Governor, may make reasonable rules and regulations that
are necessary or proper for the administration of the laws that the department
is charged with administering. [Formerly 291.013]
184.345
Oregon Department of Administrative Services to provide services to certain
agencies on reimbursable basis.
(1) The Oregon Department of Administrative Services shall provide on a
reimbursable basis administrative and other services, as agreed to, to:
(a) The Department of Corrections;
(b) The Department of Human Services; and
(c) The State Board of Education.
(2) In addition to its duties under
subsection (1) of this section, the Oregon Department of Administrative
Services shall provide clerical support to the Energy Facility Siting Council. [1969
c.597 §268; 1987 c.320 §143; 1995 c.551 §9; 1999 c.59 §41]
Note: Section 2, chapter 873, Oregon Laws 2007,
provides:
Sec.
2. (1) The Oregon Department
of Administrative Services shall disburse to the Independent Development Enterprise
Alliance moneys appropriated to the department for the purposes described in
subsection (2) of this section.
(2) The Independent Development Enterprise
Alliance shall develop and execute a plan to support community-based programs
that assist underserved individuals in removing legal impediments to employment
by:
(a) Obtaining or reinstating driver
licenses;
(b) Setting aside minor criminal
convictions; or
(c) Creating mechanisms to resolve
past-due fines, fees and child support obligations.
(3) The plan may give preference to
programs that:
(a) Build constructive relationships
between communities and the criminal justice system;
(b) Promote community service; and
(c) Establish monitoring programs that
measure results.
(4) During a biennium for which the
Independent Development Enterprise Alliance receives moneys under subsection
(1) of this section, the Independent Development Enterprise Alliance shall
report on the plan and its implementation once every six months to:
(a) The judiciary committee in the House
of Representatives or other appropriate legislative committee dealing with
criminal justice issues, if the Legislative Assembly is convened in regular
session; or
(b) The joint legislative interim
committee on the judiciary or other appropriate legislative interim committee
dealing with issues of criminal justice, if the Legislative Assembly is not in
regular session. [2007 c.873 §2]
Note: Section 16, chapter 746, Oregon Laws 2007,
provides:
Sec.
16. (1) Pursuant to ORS
286.560 to 286.580 [renumbered 286A.560 to 286A.585], lottery bonds may be
issued to fund grants to the Oregon Public Broadcasting Corporation for the
purpose of building digital transmission facilities to serve the people of
Oregon.
(2) The use of lottery bond proceeds is
authorized based on the following findings:
(a) The public broadcasting system in
Oregon provides programming designed and selected to assist in the education of
viewers in broad areas of knowledge, skill development, finance, recreation,
culture, government, history and the arts.
(b) A digital upgrade to the public
broadcasting system in
(c) Building of the digital transmission
facilities must begin by June 1, 2008, to meet federal transmission
requirements in 2009.
(3) The aggregate principal amount of
lottery bonds issued pursuant to this section may not exceed the sum of $3
million and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286.560 [renumbered
286A.560]. Lottery bonds issued pursuant to this section shall be issued only
at the request of the Director of the Oregon Department of Administrative
Services.
(4) The net proceeds of lottery bonds
issued pursuant to this section shall be deposited in the Public Broadcasting
in Oregon Lottery Project Fund, which is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Public
Broadcasting in Oregon Lottery Project Fund shall be credited to the fund. The
moneys in the Public Broadcasting in Oregon Lottery Project Fund are
continuously appropriated to the Oregon Department of Administrative Services
for the purpose described in subsection (1) of this section.
(5) The proceeds of the lottery bonds
issued pursuant to this section shall be used only for the purpose set forth in
subsection (1) of this section and for bond-related costs. [2007 c.746 §16]
184.351
Corrections population forecasts. (1) The Oregon Department of Administrative Services shall issue state
corrections population forecasts including, but not limited to, expected
populations of prisons and jails and community corrections caseloads, to be
used by:
(a) The Department of Corrections in
preparing budget requests;
(b) The Oregon Criminal Justice Commission
in considering amendments to sentencing guidelines; and
(c) Any other state agency concerned with
the effect of offender populations or policy developments on budgeting.
(2) The Oregon Department of
Administrative Services shall issue state corrections population forecasts on
April 1 and October 1 of each year. [1995 c.420 §12]
184.354
Federal Funds Account. (1)
The Oregon Department of Administrative Services Federal Funds Account is
established separate and distinct from the General Fund.
(2) The Oregon Department of
Administrative Services may apply for and receive federal grants and funds.
Federal grants and funds received shall be deposited into the Oregon Department
of Administrative Services Federal Funds Account. Moneys in the account are
continuously appropriated to the department for the purposes for which they
were received. [2001 c.716 §4]
184.355 [1969 c.597 §5; repealed by 1983 c.740 §45]
184.360
Internal audits in state government; policy; reports; rules. (1) As used in this section, state
government has the meaning given that term in ORS 174.111.
(2) It is the policy of this state that
internal audit activities within state government be coordinated to promote
effectiveness.
(3) The Oregon Department of
Administrative Services shall adopt rules setting standards and policies for
internal audit functions within state government. The rules shall include, but
are not limited to:
(a) Standards for internal audits that are
consistent with and incorporate commonly recognized industry standards and
practices; and
(b) Policies and procedures that ensure
the integrity of the internal audit process.
(4) Not later than December 31 of each
calendar year, the department shall prepare and submit a report to the Joint
Legislative Audit Committee. In the absence of the Joint Legislative Audit
Committee, the department shall submit the report to the Joint Committee on
Ways and Means or the Emergency Board. The report shall describe internal audit
activities that have occurred in state government during the calendar year in
which the report is prepared. [2005 c.373 §1]
184.365
Authority of
(1)(a) Is employed or applying for
employment by the department; or
(b) Provides services or seeks to provide
services to the department as a contractor, vendor or volunteer; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
(b) In which the person has access to
information, the disclosure of which is prohibited by state or federal laws,
rules or regulations or information that is defined as confidential under state
or federal laws, rules or regulations;
(c) That has payroll functions or in which
the person has responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to property
held in trust or to private property in the temporary custody of the state;
(d) That has mailroom duties as the
primary duty or job function of the position;
(e) In which the person has responsibility
for auditing the department or other governmental agencies;
(f) That has personnel or human resources
functions as one of the positions primary responsibilities;
(g) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers, medical information,
personal financial information or criminal background information;
(h) In which the person has access to
chemicals or hazardous materials, to facilities in which chemicals and
hazardous materials are present or to information regarding the transportation
of chemical or hazardous materials;
(i) In which the person has access to
property to which access is restricted in order to protect the health or safety
of the public;
(j) In which the person provides security,
design or construction services for government buildings, grounds or
facilities; or
(k) In which the person has access to
critical infrastructure or security-sensitive facilities or information. [2005
c.730 §9]
(Grant
Agreements for Baseball Tax Revenues)
184.400
Definitions for ORS 184.400 to 184.408; rules. (1) As used in ORS 184.400 to 184.408:
(a) Incremental baseball tax revenues
means:
(A) The Oregon personal income tax
revenues that are generated from the Oregon personal income tax liabilities
shown on the income tax returns filed by the members of a professional athletic
team engaged in Major League Baseball, including revenues that are generated
from the tax liabilities of spouses of members of a professional athletic team
engaged in Major League Baseball if the tax liabilities are reported on a joint
return; or
(B) If Oregon personal income tax rates
are reduced after the dates of the grant agreements described in ORS 184.404
and the grant agreements provide that payments will be based on rates in effect
when the grant agreements are executed, the Oregon personal income tax
liabilities, as described in subparagraph (A) of this paragraph, that would
have been due if the liabilities were calculated using personal income tax
rates in effect on the date of execution of the grant agreements.
(b) Major league stadium means a
baseball stadium located in the City of
(c) Member of a professional athletic
team means an athlete or other individual rendering service to a professional
athletic team if the compensation of the athlete or other individual exceeds
$50,000 in a tax year.
(d) Tax liabilities means the tax
determined under ORS chapter 316 for the tax year less the credits allowed for
purposes of ORS chapter 316 for the tax year.
(2) The Department of Revenue may adopt
administrative rules that the department determines are necessary to:
(a) Further define the terms defined in
this section in a manner consistent with this section;
(b) Implement the duties of the department
under ORS 184.400 to 184.408; and
(c) Carry out the purposes of ORS 184.400
to 184.408. [2003 c.808 §1]
184.402
Findings. The Legislative
Assembly finds and declares that the construction of a major league stadium and
the location of a Major League Baseball franchise in
184.404
Grant agreements; obligations of state. (1) The Director of the Oregon Department of Administrative Services,
with the approval of the State Treasurer, may enter into one or more agreements
on behalf of the State of
(a) Provide that the granted amounts may
be used only to pay for the costs of financing, developing, constructing and
furnishing a major league stadium;
(b) Provide that:
(A) The total payments to the grantees are
limited so that the grantees do not receive, in the aggregate, more than $150
million for costs of developing, constructing and furnishing a major league
stadium, plus the actual, reasonable financing costs incurred by the grantees
for that amount; and
(B) If the incremental baseball tax
revenues in a year substantially exceed the amount reasonably required to
amortize a loan of $150 million over a period of 30 years with interest, the
excess may be retained by the state;
(c) Terminate when:
(A) The State of
(B) The grantees have returned any amounts
required to be returned under paragraph (i) of this subsection;
(d) Require the Director of the Department
of Revenue to estimate incremental baseball tax revenues, specify the
methodology for estimating incremental baseball tax revenues and notify the
Director of the Oregon Department of Administrative Services of the estimated
incremental baseball tax revenues;
(e) Specify the methodology for
determining actual incremental baseball tax revenues;
(f) Require the Director of the Oregon
Department of Administrative Services to request that the Legislative Assembly
appropriate an amount equal to the estimated incremental baseball tax revenues
from the General Fund to the Major League Stadium Grant Fund established in ORS
184.408 so that those moneys may be disbursed under the grant agreements
authorized by this section;
(g) Require the Director of the Department
of Revenue to determine the actual incremental baseball tax revenues and, if
the actual incremental baseball tax revenues exceed the estimated incremental
baseball tax revenues, notify the Director of the Oregon Department of
Administrative Services of the excess;
(h) Require the Director of the Oregon
Department of Administrative Services, if notified of an excess under paragraph
(g) of this subsection, to request that the Legislative Assembly appropriate an
amount equal to the excess, adjusted for the limits and retentions described in
paragraph (b) of this subsection, from the General Fund to the Major League
Stadium Grant Fund so that those moneys may be disbursed under the grant
agreements authorized by this section;
(i) Require the grantees to return to the
Director of the Oregon Department of Administrative Services for deposit in the
General Fund amounts transferred to the grantees from the Major League Stadium
Grant Fund that exceed the actual incremental baseball tax revenues;
(j) Provide that the amounts requested for
appropriations may not be reduced because of any reduction that may be enacted
in
(k) Require the Director of the Oregon
Department of Administrative Services to disburse amounts in the Major League
Stadium Grant Fund to the grantees on particular dates;
(L) Provide assurances of full and fair
participation in the construction, furnishing and operation of the major league
stadium by women, minorities and small businesses;
(m) Provide for the maximization of
economic benefits for
(n) Require the State of
(A) The granted funds are used for the
purposes described in ORS 184.400 to 184.408;
(B) The grant agreements are administered
efficiently and the interests of the State of
(C) The requests for appropriation of
amounts equal to the incremental baseball tax revenues are made as described in
ORS 184.400 to 184.408.
(2) The obligation of the State of Oregon,
under ORS 184.400 to 184.408 and the grant agreements authorized by this
section, to transfer estimated or actual incremental baseball tax revenues to
the Major League Stadium Grant Fund is subject to an appropriation being made
for that purpose by the Legislative Assembly. The State of Oregon is not liable
to any party for any reason if the Legislative Assembly fails to appropriate
all or a portion of the amounts requested under subsection (1)(f) and (h) of
this section to the Major League Stadium Grant Fund. However, if the
Legislative Assembly does appropriate amounts for deposit in the Major League
Stadium Grant Fund and those amounts are deposited in the Major League Stadium
Grant Fund pursuant to the grant agreements authorized by this section, the
obligation of the State of
(3) The Legislative Assembly does not have
a legal obligation to appropriate any amounts for disbursement under the grant
agreements authorized by this section. However, the Legislative Assembly
declares its current intention to appropriate amounts equal to the estimated
incremental baseball tax revenues and amounts equal to the amount by which the
actual incremental baseball tax revenues exceed the estimated incremental
baseball tax revenues from the General Fund to the Major League Stadium Grant
Fund, as provided in ORS 184.400 to 184.408, so that the amounts may be
disbursed pursuant to the grant agreements authorized by this section.
(4) Before commencing negotiations on a
grant agreement authorized by this section, the Oregon Department of
Administrative Services shall obtain one or more agreements from benefited
parties to pay the states costs associated with negotiating and executing the
grant agreement. [2003 c.808 §2]
184.405 [1989 c.1067 §1; 1993 c.319 §8; renumbered
181.750 in 1993]
184.406
Prerequisites of grant agreement. The Director of the Oregon Department of Administrative Services may
not execute a grant agreement authorized by ORS 184.404 until the director has
determined that:
(1) The City of
(2) A Major League Baseball franchise has
agreed to locate and be based in
(3) All funding to build the major league
stadium that is not based on the grant agreement has been committed;
(4) No grantee is both a public body and a
guarantor for the repayment of bonds or other indebtedness that is to be repaid
through use of grant moneys;
(5) The Oregon Department of
Administrative Services has provided a written report regarding the estimated
and actual incremental baseball tax revenues to, and has solicited comments
from, the advisory committee described in subsection (6) of this section
relating to the following provisions of the proposed grant agreement:
(a) The methodology for estimating the
incremental baseball tax revenues;
(b) The methodology for determining the
actual incremental baseball tax revenues; and
(c) The requirement that estimated and
actual incremental baseball tax revenues be based on the Oregon personal income
tax rates in effect when the grant agreement is executed or for the period for
which the taxes are collected, whichever is greater, even if those rates are
subsequently reduced; and
(6) An advisory committee, consisting of
two legislators appointed by the President of the Senate, two legislators
appointed by the Speaker of the House of Representatives and one person
appointed by the Governor, has reviewed the provisions of the proposed grant
agreement listed in subsection (5) of this section. [2003 c.808 §3]
184.407 [1989 c.1067 §2; 1993 c.319 §9; renumbered
181.755 in 1993]
184.408
Major League Stadium Grant Fund. The Major League Stadium Grant Fund is established in the State
Treasury, separate and distinct from the General Fund. Amounts in the fund are
continuously appropriated to the Oregon Department of Administrative Services
for the purpose of making the grants required by the grant agreements entered
into under ORS 184.404 and paying the costs and expenses of the State Treasurer,
the Oregon Department of Administrative Services and the Department of Revenue
in connection with the implementation and administration of ORS 184.400 to
184.408 and 316.213 to 316.219. Interest earned by the Major League Stadium
Grant Fund must be credited to the fund. [2003 c.808 §4]
184.409 [1989 c.1067 §3; 1993 c.319 §10; renumbered
181.760 in 1993]
184.410 [Formerly 182.410; 1965 c.416 §1; 1969 c.593
§33; repealed by 1969 c.653 §1]
184.411 [1989 c.1067 §4; 1993 c.319 §11; renumbered
181.765 in 1993]
184.413 [1989 c.981 §1; 1995 c.744 §19; renumbered
181.495 in 1995]
184.415 [1989 c.981 §2; 1995 c.744 §20; renumbered
181.496 in 1995]
184.417 [1989 c.981 §3; 1995 c.744 §21; renumbered
181.497 in 1995]
184.420 [Formerly 182.420; repealed by 1969 c.653 §1]
(Sustainability)
184.421
Sustainability defined.
For purposes of this section and ORS 184.423, sustainability means using,
developing and protecting resources in a manner that enables people to meet
current needs and provides that future generations can also meet future needs,
from the joint perspective of environmental, economic and community objectives.
[2001 c.918 §1; 2001 c.918 §16]
184.423
Findings and goals regarding sustainability. The Legislative Assembly finds and declares the following goals for
the State of
(1) In conducting internal operations,
state agencies shall, in cooperation with the Oregon Department of
Administrative Services, seek to achieve the following objectives:
(a) State purchases should be made so as
to serve the broad, long term financial interests of Oregonians, including
ensuring that environmental, economic and societal improvements are made so as
to enhance environmental, economic and societal well-being.
(b) Investments in facilities, equipment
and durable goods should reflect the highest feasible efficiency and lowest
life cycle costs.
(c) Investments and expenditures should
help promote improvements in the efficient use of energy, water and resources.
(d) State operations should be located in
diverse locations, including rural and distressed communities.
(e) State operations and purchases should
help maintain vital and active downtown and main street communities.
(f) State purchases should help support
opportunities for economically distressed communities and historically
underemployed people.
(g) State operations should reflect
partnerships with communities and businesses.
(h) State operations should help reduce
adverse impacts on native habitats and species and help restore ecological
processes.
(i) State operations should be conducted
in ways that significantly increase the efficient use of energy, water and
resources.
(j) State operations and purchases should
reflect the efficient use and reuse of resources and reduction of contaminants
released into the environment.
(2) In supporting sustainable communities,
state agencies shall seek to enable and encourage local communities to achieve
the following objectives:
(a) Resilient local economies that provide
a diversity of economic opportunities for all citizens.
(b) Workers supported by lifelong
education to ensure a globally competitive workforce.
(c) An independent and productive
citizenry.
(d) Youth supported by strong families and
communities.
(e) Downtowns and main street communities
that are active and vital.
(f) Development that wisely and
efficiently uses infrastructure investments and natural resources.
(g) Affordable housing available for
citizens in community centers.
(h) Healthy urban and rural watersheds,
including habitats for fish and wildlife.
(i) Clean and sufficient water for all
uses.
(j) Efficient use and reuse of resources
and minimization of harmful emissions to the environment.
(3) Intensification of efforts to increase
the economic stability of communities designated as economically distressed. [2001
c.918 §4]
(Sustainability
Board)
184.425
Definitions for ORS 184.425 to 184.435. For purposes of ORS 184.425 to 184.435:
(1) Board means the Sustainability Board
established pursuant to ORS 184.427.
(2) Sustainability has the meaning given
that term in ORS 184.421. [2007 c.875 §1]
184.427
Sustainability Board; members; terms; qualifications; confirmation. (1) There is created within the Oregon
Department of Administrative Services a Sustainability Board consisting of the
Governor or the Governors representative and 10 additional members appointed
by the Governor. In appointing members, the Governor shall seek to appoint
persons from all geographic regions of the state and from all communities who
have a demonstrated ability to work in a cooperative and collaborative manner
with people of diverse interests. The Governor shall also seek to appoint
members from the following fields who have experience in matters pertinent to
the effective operation of the board:
(a) Business;
(b) Small business;
(c) Natural resources, community health or
economics;
(d) Sustainability; and
(e) Conservation of natural resources.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on the January 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.
(3) The members of the board must be
residents of this state. Failure of a member to maintain compliance with the
eligibility requirements related to the members appointment shall result in
disqualification from serving on the board.
(4) The appointment of a member of the
board is subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) All agencies, departments and officers
of this state are directed to assist the board in the performance of its
functions and to furnish such information and advice as the members of the
board consider necessary to perform their functions. [2007 c.875 §2]
184.429
Powers and duties of board.
(1) In addition to any other duties or powers provided by law, the
Sustainability Board:
(a) Shall identify, evaluate, make
recommendations and propose legislation, regulatory changes or policy
modifications to agencies, the Governor, the Legislative Assembly, private
entities or other bodies for the purpose of encouraging activities that best
sustain, protect and enhance the quality of the environment, economy and
community for the present and future benefit of Oregonians.
(b) Shall develop and promote policies and
programs that will assist in the meeting of sustainability goals specified in
ORS 184.423.
(c) Shall submit a biennial report to the
Legislative Assembly by March 31 of each odd-numbered year on the boards
activities and recommendations.
(d) May apply for and accept, from
whatever source, appropriations, gifts or grants of money or other property.
The board shall deposit moneys received under this paragraph into the State
Treasury to the credit of the Sustainability Board Fund established under ORS
184.435.
(e) Shall consult with and seek comment
from trade associations, organizations, businesses and other groups and
individuals representing pertinent interests as part of developing
recommendations.
(f) Shall develop and promote proposals
that jointly and mutually enhance local economies, the environment and
community health for the present and future benefit of Oregonians.
(2) Nothing in this section is meant to
discourage or prohibit any person, group or committee from discussing or
proposing mechanisms, including the modification of tax policies, to promote
sustainability. [2007 c.875 §3]
184.430 [Formerly 182.430; 1965 c.416 §2; repealed
by 1969 c.653 §1]
184.431
Chairperson and vice chairperson; quorum; meetings. (1) The Governor, or a member of the
Sustainability Board designated by the Governor, shall serve as the chairperson
of the board. The board shall select one of its members as vice chairperson.
The board shall determine the terms, duties and powers necessary for the performance
of the functions 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
every three months at a place, day and hour determined by the board. The board
also shall meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. [2007 c.875 §5]
184.433
Rules. In accordance with
applicable provisions of ORS chapter 183, the Sustainability Board may adopt
rules necessary for governing its operations and procedures. [2007 c.875 §6]
184.435
Sustainability Board Fund.
(1) The Sustainability Board Fund is established in the State Treasury,
separate and distinct from the General Fund.
(2) All moneys received by the
Sustainability Board under ORS 184.429 shall be deposited into the
Sustainability Board Fund. Such moneys are continuously appropriated to the
Sustainability Board for the purposes of administering ORS 184.425 to 184.435. [2007
c.875 §7]
184.440 [Formerly 182.440; repealed by 1969 c.653 §1]
184.450 [Formerly 182.450; repealed by 1969 c.653 §1]
184.460 [1957 c.664 §1; 1959 c.465 §1; renumbered
542.710]
184.470 [1957 c.664 §2; 1959 c.465 §2; renumbered
542.720]
(Information
Technology Management)
184.473
Definitions for ORS 184.475 and 184.477. As used in ORS 184.475 and 184.477:
(1) Information technology includes, but
is not limited to, all present and future forms of hardware, software and
services for data processing, office automation and telecommunications.
(2) State agency includes every state
officer, board, commission, department, institution, branch or agency of the
state government whose costs are paid wholly or in part from funds held in the
State Treasury, except:
(a) The Secretary of State, the State
Treasurer, the Legislative Assembly, the courts and their officers and
committees; and
(b) The Public Defense Services
Commission. [2001 c.936 §1; 2003 c.449 §26]
184.475
Information technology portfolio-based management; inventory; standards; rules;
exception. (1) The purposes
of information technology portfolio-based management are to:
(a) Ensure that state agencies link their
information technology investments with business plans;
(b) Facilitate risk assessment of
information technology projects and investments;
(c) Ensure that state agencies justify
information technology investments on the basis of sound business cases;
(d) Ensure that state agencies facilitate
development and review of information technology performance related to
business operations;
(e) Identify projects that can cross
agency and program lines to leverage resources; and
(f) Assist in state government-wide
planning for common, shared information technology infrastructure.
(2) The Oregon Department of
Administrative Services shall integrate state agency strategic and business
planning, technology planning and budgeting and project expenditure processes
into the departments information technology portfolio-based management.
(3) In cooperation with state agencies,
the department shall conduct and maintain a continuous inventory of each state
agencys current and planned investments in information technology, a
compilation of information about those assets and the total life cycle cost of
those assets. The department shall develop and implement state government-wide
standards, processes and procedures for the required inventory and for the
management of the state government-wide information technology portfolio. State
agencies shall participate in the information technology portfolio-based
management and shall comply with the standards, processes and procedures
established by the department under this subsection. The provisions of this
subsection do not relieve any state agency from accountability for equipment,
materials, supplies and tangible and intangible personal property under its
control.
(4) The department shall ensure that state
agencies implement portfolio-based management of information technology
resources in accordance with this section and with rules adopted by the
Director of the Oregon Department of Administrative Services.
(5) This section does not apply to
competitive research grants and contracts at institutions of higher education
listed in ORS 352.002.
(6) In implementing the provisions of this
section, the department shall submit state government-wide policies for review
to the Joint Legislative Committee on Information Management and Technology. [2001
c.936 §2]
184.477
(2) With input and recommendations from
state agencies, the Oregon Department of Administrative Services shall develop
a plan for the state government-wide management of distributed information
technology assets. The plan shall prescribe the state government-wide
infrastructure and services for managing these assets. The plan shall be
submitted to the Joint Legislative Committee on Information Management and
Technology for review.
(3) Following review by the Joint
Legislative Committee on Information Management and Technology, the department
shall ensure state agency implementation of the plan, including the development
of appropriate standards, processes and procedures.
(4) State agencies shall participate in
the enterprise management of information technology assets and shall comply
with the standards, processes and procedures of the department.
(5) This section does not apply to
competitive research grants and contracts at institutions of higher education
listed in ORS 352.002. [2001 c.936 §3]
184.510 [1963 c.580 §1; repealed by 1987 c.414 §172]
184.520 [1963 c.580 §2; 1971 c.57 §10; 1971 c.505 §8;
1971 c.753 §3; 1975 c.429 §1; 1981 c.320 §1; 1985 c.762 §1; repealed by 1987
c.414 §172]
184.530 [1963 c.580 §3; 1969 c.695 §3; 1985 c.565 §21;
repealed by 1987 c.414 §172]
184.540 [1963 c.580 §5; 1965 c.597 §5; repealed by
1987 c.414 §172]
184.545 [1971 c.753 §7; repealed by 1987 c.414 §172]
184.550 [1963 c.580 §6; repealed by 1987 c.414 §172]
184.560 [1963 c.580 §4; repealed by 1987 c.414 §172]
184.565 [1985 c.383 §7; repealed by 1987 c.414 §173]
184.570 [1963 c.580 §7; 1965 c.597 §6; repealed by
1987 c.414 §173]
184.575 [1971 c.753 §1; renumbered 670.275]
184.577 [1985 c.383 §9; repealed by 1987 c.414 §172]
184.580 [1971 c.753 §6; 1973 c.387 §26; repealed by
1975 c.429 §2]
184.590 [1971 c.753 §4; repealed 1981 c.320 §5]
184.595 [1971 c.753 §5; 1973 c.832 §1; repealed 1981
c.320 §5]
DEPARTMENT OF
TRANSPORTATION
(Generally)
184.610
Definitions for ORS 184.610 to 184.666. As used in ORS 184.610 to 184.666, unless the context requires
otherwise:
(1) Commission means the Oregon Transportation
Commission.
(2) Department means the Department of
Transportation.
(3) Director means the Director of
Transportation.
(4) Highway Construction Plan or plan
means the plan described in ORS 184.658.
(5) STIP means the Statewide Transportation
Improvement Program, which is a list of transportation projects that:
(a) Are to be implemented within four
years following adoption or modification of the list;
(b) Are consistent with the long-range
transportation plan developed pursuant to ORS 184.618 and with metropolitan
plans; and
(c) Can be implemented with resources
reasonably expected to be available. [1969 c.599 §1; 1973 c.249 §1; 1999 c.939 §2]
184.611
Freight mobility projects; priority. (1) As used in this section, freight mobility project means a
project that supports the safe, reliable and efficient movement of goods
between and among local, national and international markets.
(2) The Legislative Assembly finds that
investment in freight mobility projects will yield a return on the states
investment in terms of improved economic opportunity and safety.
(3) In developing the STIP, the Department
of Transportation shall give priority to freight mobility projects that:
(a) Are located on identified freight
routes of statewide or regional significance;
(b) Remove identified barriers to the
safe, reliable and efficient movement of goods; and
(c) Facilitate public and private
investment that creates or sustains jobs. [2003 c.618 §37]
184.612
(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
(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. [1973 c.249 §3; 1981
c.545 §3; 1983 c.428 §1]
184.613
Officers; quorum; meetings; effect of vacancy; seal. (1) The Governor shall appoint one of the
commissioners as chairperson, and another as vice chairperson. The chairperson
and vice chairperson shall have such terms, duties and powers as the Oregon
Transportation 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. [1973 c.249 §§4,9; 1979 c.293 §1]
184.615
Department of Transportation; organization; duties; director; administrators. (1) The Department of Transportation is
established.
(2) The Department of Transportation shall
consist of the Director of Transportation and all personnel employed in the
department. Except as otherwise provided in subsections (4) and (5) of this
section, for purposes of administration, subject to the approval of the Oregon
Transportation Commission, the director may organize and reorganize the
department as the director considers necessary to properly conduct the work of
the department.
(3) The department shall carry out
policies adopted by the commission and all duties and responsibilities vested
in it by law including, but not necessarily limited to, duties and
responsibilities concerning drivers and motor vehicles, highways, motor
carriers, public transit, rail and transportation safety.
(4) The director shall appoint an
administrator for each area of critical concern to the department. The
administrator shall be responsible for planning and operations in that area,
for relationships between the department and persons affected by the operations
of the area, for advocacy of the area within the department planning and
operations processes and for such other duties as may be provided by law. For
purposes of this subsection, area of critical concern includes, but is not
necessarily limited to, driver and motor vehicle services, highways, motor
carriers, public transit, rail and transportation safety. In appointing
administrators under this subsection, the director shall consider
recommendations of any advisory committee interested in the area of
responsibility. Administrators appointed under this subsection are in the
unclassified service for purposes of the State Personnel Relations Law.
(5) Whenever a duty or function is
specifically given by statute to the director, and that duty or function
involves day-to-day operations of an area of critical concern to the
department, the director shall delegate the duty or function to the
administrator of the area of critical concern. [1969 c.599 §2; 1973 c.249 §15;
1975 c.371 §5; 1979 c.186 §4; subsection (4) enacted as 1981 c.700 §2; 1983
c.324 §13; 1987 c.414 §88; 1989 c.904 §28; 1991 c.453 §1; 1993 c.741 §3; 1999
c.935 §15; 2003 c.27 §1; 2005 c.70 §1; 2007 c.768 §64]
184.616
Department powers given commission; service of summons. (1) Notwithstanding any other provisions of
law, the Oregon Transportation Commission has the power to adopt any rules,
establish any policy or exercise any other duty, function or power where a
statute gives such power to the Department of Transportation.
(2) Where service of summons or other
process is required by statute to be served on the Director of Transportation,
the Department of Transportation or the Oregon Transportation Commission, such
service shall be made upon the office of the director. [1979 c.186 §§2,3; 2003
c.14 §87]
184.617
Functions of commission and department. (1) It is the function of the Oregon Transportation Commission to
establish the policies for the operation of the Department of Transportation in
a manner consistent with the policies and purposes of ORS 184.610 to 184.666.
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, motor
carriers, motor vehicles, public transit, rail, transportation safety and such
other programs related to transportation as may be assigned by law to the
department.
(4) The Department of Transportation 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, except that 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. [1973 c.249 §10; 1979 c.186 §5;
1989 c.904 §50; 1993 c.741 §6; 1999 c.935 §16; 2003 c.27 §2]
184.618
Duties of commission in preparing and implementing state transportation policy. (1) As its primary duty, the Oregon
Transportation Commission shall develop and maintain a state transportation
policy and a comprehensive, long-range plan for a safe, multimodal
transportation system for the state which encompasses economic efficiency,
orderly economic development and environmental quality. The plan shall include,
but not be limited to, aviation, highways, mass transit, pipelines, ports,
rails and waterways. The plan shall be used by all agencies and officers to
guide and coordinate transportation activities and to insure transportation
planning utilizes the potential of all existing and developing modes of
transportation.
(2) As the plan is developed by the
commission, the Director of Transportation shall prepare and submit to the
commission for approval, implementation programs. Work approved by the
commission to carry out the plan shall be assigned to the appropriate unit of
the Department of Transportation.
(3) The director and members of the
commission shall give safety, economic development and the provisions of
industrial site services priority in fund allocation decisions. [1973 c.249 §12;
1983 c.362 §1; 1983 c.553 §1; 1993 c.741 §7; 1999 c.969 §3]
184.619
Rulemaking authority; orders.
In accordance with the applicable provisions of ORS chapter 183, the Oregon
Transportation Commission shall adopt such rules and orders as it considers
necessary and proper in performing the functions vested by law in the
commission. [1973 c.249 §11; 1981 c.418 §1]
184.620
Director of Transportation; confirmation; subordinates. (1) The Department of Transportation shall
be under the supervision of a Director of Transportation who shall be appointed
by and shall hold office at the pleasure of the Governor.
(2) The appointment of the director shall
be subject to confirmation by the Senate in the manner provided by ORS 171.562
and 171.565.
(3) The director may appoint:
(a) Deputy directors with full authority
to act for the director, but subject to the directors control. The appointment
of a deputy director shall be by written order filed with the Secretary of
State. A deputy director shall be in the unclassified services for purposes of
the State Personnel Relations Law.
(b) One executive assistant for each
deputy director appointed under this section and one for each administrator
appointed under ORS 184.615 (4). Executive assistants appointed under this
paragraph are in the unclassified service for purposes of the State Personnel
Relations Law.
(c) All subordinate officers and employees
of the department and may prescribe their duties, assignments and reassignments
and fix their compensation, subject to any applicable provisions of the State
Personnel Relations Law. [1969 c.599 §3; 1969 c.599 §3a; 1973 c.249 §16; 1979
c.186 §6; 1999 c.686 §1; 2005 c.70 §2]
184.622
Authority of Department of Transportation to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Department of
Transportation may require the fingerprints of a person who is applying for a
license, or renewal of a license, under ORS 319.040 or 319.621 or a person who:
(1)(a) Is employed or applying for
employment by the department; or
(b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
(b) That has payroll functions or in which
the person has responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to property
held in trust or to private property in the temporary custody of the state; or
(c) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers, personal financial
information or criminal background information. [2005 c.730 §10]
Note: 184.622 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 184 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
184.625
Compensation and expenses of director and subordinates. The Director of Transportation and any
deputy directors shall receive such salary as may be provided by law or as
fixed by the Governor. In addition to salaries, the director and deputy
directors, subject to the limitations otherwise provided by law, shall be
reimbursed for all reasonable expenses necessarily incurred in the performance
of official duties. [1969 c.599 §4; 1973 c.249 §17; 1979 c.168 §7; 1999 c.686 §2;
2005 c.70 §5]
184.628
Chief engineer; appointment; qualifications; staff engineers. (1) The Director of Transportation, with the
approval of the Oregon Transportation Commission, shall appoint a chief
engineer. The chief engineer shall be a registered civil engineer and shall be
qualified by technical training as well as by practical experience.
(2) The chief engineer may designate persons
within the Department of Transportation who have full authority to perform any
duty required or permitted by law to be performed by the engineer.
(3) The director may authorize the
employment by the chief engineer of such staff engineers, engineering and
technical assistants and such other help that in the chief engineers judgment
may be necessary. Compensation, travel allowance and other expenses shall be
fixed by the chief engineer with the approval of the director.
(4) This section is subject to any
applicable provision of the State Personnel Relations Law. [1993 c.741 §5]
184.630
Research program. (1) Except
as otherwise provided by law, the Department of Transportation shall provide a
research program for divisions within the department, using the staffs of such
divisions for development of solutions to such needs as might arise.
(2) The Director of Transportation may
provide administrative facilities and services for the divisions within the
department. [1969 c.599 §5; 1973 c.249 §19]
184.631
Public-private research and development program; rules. (1) The Department of Transportation shall
establish a public-private partnership research and development program.
(2) As part of the program established
under this section, the department may enter into joint research and
development agreements for the purpose of developing products for market that
may reduce the cost of maintenance and preservation or extend the useful life
of the states highways or that may improve highway safety. The department may
enter into agreements with the following:
(a) Individuals.
(b) Businesses.
(c) Nonprofit organizations.
(d) The State Board of Higher Education.
(3) The department may enter into
agreements under subsection (2) of this section that allow the department to
obtain royalties or other financial benefits from the sale or use of products
developed through the public-private partnership research and development
program.
(4) Moneys that the department is
authorized to spend on planning and research may be used for development of
products under this section.
(5) The department shall adopt rules that
govern the solicitation and selection of product development projects that will
receive funding under the program established under this section. [2003 c.819 §18]
Note: 184.631 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 184 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
184.632
Legislative finding on ports; policy. (1) The Legislative Assembly finds that:
(a) The ports in
(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
(a) Coordinate with the Economic and
Community Development Department 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. [1993
c.474 §3; 1999 c.935 §18; 2007 c.804 §83]
184.633
Duties of director; delegation; bonds for employees; participation in land use
matters. (1) Subject to
policy direction by the Oregon Transportation Commission, the Director of
Transportation shall:
(a) Be the administrative head of the
Department of Transportation;
(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 transportation; and
(d) Intervene, as authorized by the
commission, pursuant to the rules of practice and procedure, in the proceedings
of state and federal agencies which may substantially affect the interest of
the consumers and providers of transportation within
(2) 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.
(3) The director may delegate to any of
the employees of the department the exercise or discharge in the directors
name of any power, duty or function of whatever character, vested in or imposed
by law upon the director, including powers, duties or functions delegated to
the director by the commission pursuant to ORS 184.635. The official act of any
such person so acting in the directors name and by the authority of the
director shall be considered to be an official act of the director.
(4) 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 bond 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.
(5)(a) Subject to local government
requirements and the provisions of ORS 197.830 to 197845, the director may
participate in and seek review of a land use decision or limited land use
decision as defined in ORS 197.015, or an expedited land division as defined in
ORS 197.360. The director shall report to the commission on each case in which
the department participates and on the positions taken by the director in each
case.
(b) If a meeting of the commission is
scheduled prior to the close of the period for seeking review of a land use
decision, expedited land division or limited land use decision, the director
shall obtain formal approval from the commission prior to seeking review of the
decision. However, if the land use decision, expedited land division or limited
land use decision becomes final less than 15 days before a meeting of the
commission, the director shall proceed as provided in paragraph (c) of this
subsection. If the director requests approval from the commission, the
applicant and the affected local government shall be notified in writing that
the director is seeking commission approval. The director, the applicant and
the affected local government shall be given reasonable time to address the
commission regarding the directors request for approval to seek review. No
other testimony shall be taken by the commission.
(c) If a meeting of the commission is not
scheduled prior to the close of the period for seeking review of a land use
decision, expedited land division or limited land use decision, at the next
commission meeting the director shall report to the commission on each case for
which the department has sought review. The director shall request formal
approval to proceed with each appeal. The applicant and the affected local
government shall be notified of the commission meeting in writing by the
director. The director, the applicant and the affected local government shall
be given reasonable time to address the commission regarding the directors
request for approval to proceed with the appeal. No other testimony shall be
taken by the commission. If the commission does not formally approve an appeal,
the director shall file a motion with the appropriate tribunal to dismiss the
appeal.
(d) A decision by the commission under
this subsection is not subject to appeal.
(e) For purposes of this subsection, applicant
means a person seeking approval of a permit, as defined in ORS 215.402 or
227.160, expedited land division or limited land use decision.
(6) The director may intervene in an
appeal of a land use decision brought by another person in the manner provided
for an appeal by the director under subsection (5) of this section. [1973 c.249
§18; 1993 c.741 §8; 1999 c.292 §2; 2005 c.612 §1]
184.634
Disposition of real property by department; rules. Notwithstanding the provisions of ORS
270.100, 270.110, 270.130, 270.140, 270.150 and 273.426, the Oregon
Transportation Commission may establish by rule procedures and criteria for:
(1) The advertisement for sale of real
property by the Department of Transportation;
(2) The disposition of real property by
the department after an auction at which no satisfactory bids were received;
and
(3) The disposition by the department of
real property that:
(a) Has minimal value and is useful only
to adjacent property owners; or
(b) May not, because of local land use
ordinances, be disposed of to anyone other than adjacent property owners. [1989
c.499 §2; 1991 c.816 §23]
184.635
Reports to Governor; delegation of powers; rules. (1) The Oregon Transportation Commission
shall develop and report to the Governor on legislative, budgetary and
administrative programs to accomplish comprehensive, long-range, coordinated
planning and policy formulation in the matters of public interest related to
transportation. To accomplish this end, the commission may hold public
hearings, consult with and use the services and cooperation of other state and
federal agencies, employ consultants and appoint advisory and technical
committees to assist in the work.
(2) Whenever a power is granted to the
commission the power may be exercised by such officer or employee within the
Department of Transportation as is designated in writing by the commission. Any
such designation shall be filed in the office of the Secretary of State. The
authority to delegate granted by this subsection includes, but is not limited
to, authority to delegate the power to adopt rules for the department. [1969
c.599 §6; 1973 c.249 §14; 1993 c.741 §9]
184.636
Revolving funds; disbursements; payment of claims and expenses of other state
agencies. (1) Upon approval
of the State Treasurer and the Oregon Department of Administrative Services,
the Department of Transportation may establish revolving funds in the State
Treasury. These funds may be used as depository accounts.
(2) Disbursements may be made by check
signed by such person as delegated by the Director of Transportation.
Disbursements shall be made only in payment of claims authorized by law for the
ordinary expenditures of the department incurred in the operation of the
department. The department shall keep accurate account of which funds any
expenditures are debited or credited to and of any interest income which may be
due.
(3) Upon approval of the Oregon Department
of Administrative Services and the State Treasurer, the department may write
checks upon the State Treasury to pay for claims and expenditures of other
state agencies not a part of the department. The Oregon Department of
Administrative Services shall draw up warrants for the amounts paid separately
or in aggregate.
(4) Moneys in the account established under
subsection (1) of this section may be held as petty cash or carried by the
State Treasurer to be disbursed in accordance with subsection (3) of this
section. [1989 c.345 §5; 1993 c.741 §10]
184.637
Departmental fiscal officer; reports. The Director of Transportation shall designate a fiscal officer for
the Department of Transportation who shall:
(1) Provide for sound financial management
systems, including all accounting, budgetary and financial control functions
for the department.
(2) Prepare financial reports as required
by statute or as required by the director.
(3) Act in an advisory capacity to the
director in all financial matters and perform such other duties and
responsibilities with respect to accounting procedures and other like duties
and responsibilities as the director considers advisable.
(4) By the end of the calendar year,
prepare and submit to all units of the department for which accounting services
were performed a report of all funds received during the last completed fiscal
year by each unit, the sources from which funds were received, the expenditures
and disbursement of the funds and the purpose for which they were expended. [1973
c.249 §20; 1979 c.293 §2; 1989 c.345 §1; 1993 c.741 §11]
184.638
Functions provided by fiscal officer. The fiscal officer for the Department of Transportation may provide or
contract for the provision of the following functions for the department:
(1) Operation of an adequate accounting
system in order that all revenues and expenditures may be properly recorded and
maintained.
(2) Partial payment on contracts based
upon estimates of completion.
(3) Preparation of vouchers covering
claims for all salaries and expenses and other expenditures which are
authorized by the Director of Transportation. Claims approved by the director
shall be indorsed by the director or the directors designee and presented for
payment.
(4) Preparation of a monthly payroll in
which the department shall record the name of each employee, the rate of salary
or wages, the capacity in which each person is employed and the amount due each
employee. The payroll shall be verified by the fiscal officer. After payment,
payroll checks shall be retained by the department, and shall constitute a full
receipt of the payment for services rendered. The department may draw payroll
checks against appropriate departmental accounts.
(5) Such other functions as the director
may deem necessary for the sound fiscal administration of the department. [1989
c.345 §3; 1993 c.741 §12]
184.639
Internal auditor. The
Director of Transportation shall designate an internal auditor for the
Department of Transportation who shall perform internal audits of the
department and report findings to the director. [1989 c.345 §4; 1993 c.741 §13]
184.640
Transportation Administration Account; budget and payment for administrative
expenses of department. (1)
There is established, separate and distinct from the General Fund, the
Transportation Administration Account.
(2) Notwithstanding any other law, such
amounts as may be necessary to pay the administrative expenses of the
Department of Transportation shall be continuously credited to the
Transportation Administration Account from the biennial appropriations to, or
transferred to such administration account from the accounts or funds of, units
within the department that have separate appropriations, accounts or funds.
Such amounts as may be requested quarterly by the Director of Transportation,
with the approval of the Oregon Department of Administrative Services, shall be
so credited or transferred to the Transportation Administration Account. The
department is subject to the allotment system provided for in ORS 291.234 to
291.260.
(3) The amounts credited and transferred
to the Transportation Administration Account shall not be greater than the
total of any budget approved for the department by the Legislative Assembly and
shall be determined by prorating the costs of the office of the director among
the respective units within the department. All moneys appropriated, credited
or transferred to the Transportation Administration Account are appropriated
continuously to pay the administrative expenses of the department. Interest
earned by the account shall be credited to the account. [1969 c.599 §7; 1973
c.249 §21; 1989 c.966 §5; 1993 c.741 §14]
184.642
Department of Transportation Operating Fund; sources; uses. (1) The Department of Transportation
Operating Fund is established in the State Treasury separate and distinct from
the General Fund and separate and distinct from the State Highway Fund. Except
as otherwise provided in subsection (3)(e) of this section, moneys in the
Department of Transportation Operating Fund are continuously appropriated to
the Department of Transportation to pay expenses of the department that are
incurred in the performance of functions the department is statutorily required
or authorized to perform and that may not constitutionally be paid from
revenues described in section 3a, Article IX of the Oregon Constitution.
(2) The operating fund shall consist of
the following:
(a) Taxes paid on motor vehicle fuels or
on the use of fuel in a motor vehicle for which a person is entitled to a
refund under a provision described in this paragraph but for which no refund is
claimed, in amounts determined under ORS 184.643. This paragraph applies to
refund entitlements described in ORS 319.280 (1)(a) and (e), 319.320 (1)(a) and
319.831 (1)(b).
(b) Fees collected under ORS 822.700 for
issuance or renewal of:
(A) Dismantler certificates;
(B) Vehicle dealer certificates;
(C) Driver training certificates;
(D) Commercial driver training school
certificates; and
(E) Appraiser certificates.
(c) Fees collected under ORS 822.705.
(d) Moneys from civil penalties imposed
under ORS 822.009.
(e) Fees collected under ORS 807.410 for
identification cards.
(f) Fees collected by the department for
issuance of permits to engage in activities described in ORS 374.305 to 374.330
that are not directly connected to the construction, reconstruction,
improvement, repair, maintenance, operation and use of a public highway, road,
street or roadside rest area.
(g) Interest and other earnings on moneys
in the operating fund.
(3) Moneys in the Department of
Transportation Operating Fund established by subsections (1) and (2) of this
section may be spent only as follows:
(a) Taxes described in subsection (2)(a)
of this section may be used only for payment of expenses of the Department of
Transportation that:
(A) May not constitutionally be paid from
revenues described in section 3a, Article IX of the Oregon Constitution;
(B) Are incurred in the performance of
functions the department is statutorily required or authorized to perform; and
(C) Are not payable from moneys described
in paragraphs (b) to (e) of this subsection.
(b) Fees collected under subsection (2)(b)
of this section may be used only to carry out the regulatory functions of the
department relating to the businesses that generate the fees.
(c) Fees collected under ORS 822.705 may
be used only for the purposes described in ORS 822.705.
(d) Moneys collected from civil penalties
imposed under ORS 822.009 may be used only for regulation of vehicle dealers.
(e) Moneys collected under ORS 807.410
from fees for identification cards shall be used first to pay the expenses of
the department for performing the functions of the department relating to
identification cards. After paying the expenses related to identification
cards, the department shall transfer the remaining moneys collected under ORS
807.410 to the Elderly and Disabled Special Transportation Fund established in
ORS 391.800.
(f) Moneys from the permits described in
subsection (2)(f) of this section may be used for costs of issuing the permits
and monitoring the activities that generate the fees.
(g) Moneys from interest and other
earnings on moneys in the operating fund may be used for any purpose for which
other moneys in the fund may be used. [2001 c.820 §§1,2; 2003 c.601 §1; 2003
c.655 §62; 2005 c.654 §§22,23]
Note: 184.642 and 184.643 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
184 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
184.643
Transfer of certain fuel tax moneys to operating fund. Once each year the Oregon Department of
Administrative Services, after consultation with the Oregon Transportation
Commission and the Department of Transportation, shall estimate the amount of
taxes paid for which persons are entitled to refunds under ORS 319.280 (1)(a)
and (e), 319.320 (1)(a) and 319.831 (1)(b). After deducting the amount of any
refunds actually paid, the Oregon Department of Administrative Services shall
certify the remaining amount to the Department of Transportation. The Department
of Transportation shall transfer the remaining amount from the Driver and Motor
Vehicle Suspense Account to the Department of Transportation Operating Fund
established by ORS 184.642 (1) and (2). [2001 c.820 §3; 2003 c.16 §1]
Note: See note under 184.642.
184.644
Levy and sale of property for payment of liquidated and delinquent debt owed to
department; fees; levy on funds of debtor. (1) For purposes of this section, a liquidated and delinquent debt is
a debt that meets one of the following conditions:
(a) Judgment has been entered on the debt;
or
(b) Liability for and the amount of the
debt have been established through an administrative proceeding.
(2) If a person fails to pay in full any
liquidated and delinquent debt due the Department of Transportation, the
department may issue a warrant under the departments official seal directed to
the sheriff of any county of the state commanding the sheriff to levy upon and
sell the real and personal property of the person found within that county, for
payment of the amount due, with the added penalties or charges, interest and
cost of executing the warrant, and to return the warrant to the department and
pay to the department the money collected from the sale by the time specified
in the warrant, not less than 60 days from the date of the warrant.
(3) The sheriff shall, within five days
after the receipt of the warrant, record with the clerk of the county a copy of
the warrant. The clerk shall enter in the County Clerk Lien Record the name of
the person mentioned in the warrant, the amount of the debt for which the
warrant is issued and the date when the copy is recorded. The amount of the
warrant shall become a lien upon the title to and interest in property of the
person against whom the warrant is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18.
(4) The sheriff shall proceed upon the
warrant in all respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon judgment of a court
of record, and shall be entitled to the same fees for services in executing the
warrant, to be added to and collected as a part of the warrant liability.
(5) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy upon funds of
the person in possession of the Department of Revenue may be issued and
directed to any agent authorized by the Department of Transportation to collect
liquidated and delinquent debts for the department, and in the execution
thereof the agent shall have all of the powers conferred by law upon sheriffs
but is entitled to no fee or compensation in excess of actual expenses paid in
the performance of such duty.
(6) Nothing in this section affects any
provision of ORS 319.182, 319.742 or 825.504. [2007 c.27 §2]
184.645
Department of Transportation Working Capital Account; data processing and
photocopy equipment and services. (1) There is hereby established an account, separate and distinct from
the General Fund, to be known as the Department of Transportation Working
Capital Account, which account is appropriated continuously for, and shall be
used for, the purpose of acquiring data processing, word processing and
photocopy equipment and services. Interest earned by the account shall be
credited to the account.
(2) The cost to the Department of
Transportation of providing data processing, word processing and photocopy
services, including labor, facilities, materials, overhead, administrative
cost, the lease or purchase cost of the equipment and depreciation, to any
state agency, including itself, which is to be charged, in part or whole to the
agency or unit served may be advanced out of the Department of Transportation
Working Capital Account. The costs advanced from the account shall be
reimbursed to the account from the charges paid to the department by the agency
or unit served. [1979 c.380 §§2,3; 1981 c.306 §1; 1989 c.966 §6]
184.647
Transfer of funds to working capital account; retransfer; use of remainder. In order to facilitate financing the costs
advanced under ORS 184.645 (2), the Department of Transportation may at any
time during the biennium transfer to the Department of Transportation Working
Capital Account such amounts as it considers necessary from funds available to
the department for a biennial period. Funds transferred shall be retransferred
from the Department of Transportation Working Capital Account by the department
to the fund from which the original transfer was made prior to the last day of
each biennial period. All or part of the funds remaining in the working capital
account at the end of any biennium may remain in the account beyond the end of
the biennium for the acquisition of data processing, word processing and
photocopy equipment and services. [1979 c.380 §4; 1981 c.306 §2]
184.648
Revolving fund. The Central
Services Division of the Department of Transportation may establish a revolving
fund, separate and distinct from the General Fund, not to exceed the aggregate
amount of $5,000. Interest earned by the fund shall be credited to the fund. [1983
c.136 §4; 1989 c.966 §7]
Note: 184.648 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 184 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
184.649
Report on audits. The
Department of Transportation shall appear before the Joint Legislative Audit
Committee established by ORS 171.580 at least once each biennium to report on
internal audits and federal audits of the department. [2005 c.612 §9]
Note: 184.649 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 184 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
184.650 [1981 c.700 §1; repealed by 1983 c.324 §59]
(Accounting
and Budgeting)
184.651
Cost accounting system; requirements. The Department of Transportation shall develop, operate and maintain a
full cost accounting system that accurately and separately accounts for all
direct, indirect and administrative costs incurred by each of the following
units of the department:
(1) Central services.
(2) Driver and motor vehicle services.
(3) Highways.
(4) Motor carriers.
(5) Rail.
(6) Transit.
(7) Transportation development.
(8) Transportation safety. [1999 c.936 §2;
1999 c.936 §5; 2005 c.612 §2; 2007 c.768 §65]
184.654
Short title. ORS 184.656 to
184.666 shall be known and may be cited as the Transportation Spending
Accountability Act. [1999 c.939 §1]
184.655 [1981 c.700 §3; repealed by 1983 c.324 §59]
184.656
Governors program budget for department. (1) The Governor shall submit to the Legislative Assembly a proposed
biennial program budget for the Department of Transportation that specifies how
existing revenues from all sources will be spent. The program budget shall
include proposed expenditures for each program or item specifically listed in
the budget bills for the department enacted during the preceding regular
session of the Legislative Assembly.
(2) The budget shall be accompanied by the
Highway Construction Plan described in ORS 184.658. [1999 c.939 §4; 2001 c.104 §65;
2005 c.612 §3]
184.658
Highway Construction Plan.
(1) The Highway Construction Plan shall be developed by the Department of
Transportation on a biennial basis to accompany the Governors proposed budget
for the department. The plan shall include a list of projects from the STIP
that the department intends to work on in the biennium for which the budget is
submitted. The plan shall also include a list of projects that the department
intends to pursue in the biennium that are not yet in the STIP because they are
in planning stages. The plan shall indicate the current status of each project
as specified in subsection (3) of this section.
(2) For the categories of bridges, highway
safety, modernization, operations and preservation, the plan shall include a
description of specific projects to be funded, how much money will be spent on
each and the anticipated year of completion. For the categories of emergency
relief, highway planning, maintenance, payments to local governments and
special programs, the plan shall include a description of programs to be funded
and projected expenditures.
(3) For each project in the Highway
Construction Plan, the department shall indicate whether:
(a) The project is under construction;
(b) Funding is committed for construction
or implementation of the project; or
(c) Funding is committed only for the
planning of the project. [1999 c.939 §5; 2005 c.612 §4]
184.660 [1999 c.939 §6; repealed by 2005 c.612 §10]
184.662 [1999 c.939 §7; repealed by 2005 c.612 §10]
184.664
Status report for projects in Highway Construction Plan. (1) The Department of Transportation shall
create a concise status report for the Legislative Assembly of projects listed
in the Highway Construction Plan and in the previous status report. The
department shall include all of the following in the status report:
(a) An identification of each project,
with enough specificity to enable readers of the report to know where the
project is located and what the project will accomplish.
(b) An indication of the total amount of
moneys the department anticipates will be spent to complete the project and the
amount spent on the project as of the date of the status report.
(c) An indication that the project is on
schedule, or an explanation if it is not on schedule.
(d) The expected year of completion for
the project.
(e) An explanation of any change in
priority of a project within the plan or the STIP since the previous status
report was issued.
(f) An explanation of any amendments to
the STIP that have been made since the Highway Construction Plan was issued.
(g) An explanation of any changes to the
adopted budget made by the Emergency Board since the Highway Construction Plan
was issued.
(2) When a project has been completed or
abandoned, that fact shall be shown in the first status report presented after
the completion or abandonment, but need not appear in status reports
thereafter.
(3) The status report shall be submitted
quarterly to the Legislative Assembly in the manner prescribed by ORS 192.245. [1999
c.939 §8; 2005 c.612 §5]
184.666
Summary of effect of mandates and regulations on costs; notification of
legislators. The Department
of Transportation shall develop a summary that shows, to the extent it can be
determined, how the departments costs for maintenance, preservation and
modernization are affected by state and federal mandates, environmental
regulations or other factors that have a significant impact on cost. The
summary shall be submitted to the Speaker of the House of Representatives and
the President of the Senate at the beginning of each regular session of the Legislative
Assembly and need include only mandates, regulations and other factors issued
or occurring on or after October 23, 1999. When the department submits the
summary to the Speaker and the President, the department shall notify each
member of the Legislative Assembly that the summary is available. [1999 c.939 §9]
(Road User
Fee Task Force and Pilot Project)
Note: Sections 1 to 6, chapter 862, Oregon Laws
2001, provide:
Sec.
1. The Legislative Assembly
finds that:
(1) An efficient transportation system is
critical for
(2) The revenues currently available for
highways and local roads are inadequate to preserve and maintain existing
infrastructure and to provide funds for improvements that would reduce
congestion and improve service.
(3) The gas tax will become a less
effective mechanism for meeting
(a) It will steadily generate less revenue
as cars become more fuel-efficient and alternative sources of fuel are
identified; and
(b) Bundling fees for roads and highways
into the gas tax makes it difficult for users to understand the amount they are
paying for roads and highways. [2001 c.862 §1]
Sec.
2. (1) There is created the
Road User Fee Task Force.
(2) The purpose of the task force is to
develop a design for revenue collection for
(3) The task force shall consist of 12 members,
as follows:
(a) Two members shall be members of the
House of Representatives, appointed by the Speaker of the House of
Representatives.
(b) Two members shall be members of the
Senate, appointed by the President of the Senate.
(c) Four members shall be appointed by the
Governor, the Speaker and the President acting jointly. In making appointments
under this paragraph, the appointing authorities shall consider individuals who
are representative of the telecommunications industry, of highway user groups,
of the
(d) One member shall be an elected city
official, appointed by the Governor, the Speaker and the President acting
jointly.
(e) One member shall be an elected county
official, appointed by the Governor, the Speaker and the President acting
jointly.
(f) Two members shall be members of the
Oregon Transportation Commission, appointed by the chairperson of the
commission.
(4)(a) The term of a legislator appointed
to the task force is four years except that the legislator ceases to be a
member of the task force when the legislator ceases to be a legislator. A
legislator may be reappointed to the task force.
(b) The term of a member of the task force
appointed under subsection (3)(c) of this section is four years and the member
may be reappointed.
(c) The term of a member of the task force
appointed under subsection (3)(d) or (e) of this section is four years except
that the member ceases to be a member of the task force when the member ceases
to be a city or county elected official. A city or county elected official may
be reappointed to the task force.
(d) The term of a member of the Oregon
Transportation Commission appointed to the task force is four years except that
the member ceases to be a member of the task force when the member ceases to be
a member of the commission. A member of the commission may be reappointed to
the task force.
(5) A legislator appointed to the task
force is entitled to per diem and other expense payments as authorized by ORS
171.072 from funds appropriated to the Legislative Assembly. Other members of
the task force are entitled to compensation and expenses as provided in ORS
292.495.
(6) The Department of Transportation shall
provide staff to the task force.
(7) The task force shall study
alternatives to the current system of taxing highway use through motor vehicle
fuel taxes. The task force shall gather public comment on alternative
approaches and shall make recommendations to the Department of Transportation
and the Oregon Transportation Commission on the design of pilot programs to be
used to test alternative approaches. The task force may also make
recommendations to the department and the commission on criteria to be used to
evaluate pilot programs. The task force may evaluate any pilot program
implemented by the department and report the results of the evaluation to the
Legislative Assembly, the department and the commission.
(8) In addition to the requirements of
subsection (9) of this section, the task force shall propose to the
Seventy-second Legislative Assembly options for the design of a revenue collection
system for
(9) The task force shall report to each
regular session of the Legislative Assembly on the work of the task force, the
department and the commission in designing, implementing and evaluating pilot
programs.
(10) Official action by the task force
requires the approval of a majority of the members of the task force.
(11) Notwithstanding ORS 171.130 and
171.133, the task force by official action may recommend legislation.
Legislation recommended by the task force must indicate that it is introduced
at the request of the task force. Legislative measures proposed by the task
force shall be prepared in time for presession filing with the Legislative Counsel
by December 15 of the year preceding a regular session of the Legislative
Assembly. [2001 c.862 §2]
Sec.
3. (1) The Department of
Transportation may develop one or more pilot programs to test alternatives to
the current system of taxing highway use through motor vehicle fuel taxes.
Pilot programs may include, but need not be limited to, programs testing
technology and methods for:
(a) Identifying vehicles;
(b) Collecting and reporting the number of
miles traveled by a particular vehicle; and
(c) Receiving payments from participants
in pilot projects.
(2) Technology and methods tested under
subsection (1) of this section shall be tested for:
(a) Reliability;
(b) Ease of use;
(c) Public acceptance;
(d) Cost of implementation and
administration; and
(e) Potential for evasion of accurate
reporting.
(3) The department may solicit volunteers
for participation in pilot programs developed under this section. A participant
must:
(a) Report the participants use of the
highway system in
(b) Pay the fee established for the
program for use of the highway system; and
(c) Display in the participants vehicle
an emblem issued under subsection (6) of this section.
(4) The department shall establish a fee
for each pilot program the department undertakes. The fee shall be a highway
use fee and shall be paid by each participant in the program. The program may
be designed so that the fee is imposed in lieu of any tax on motor vehicle fuel
imposed under ORS 319.020 or any tax on the use of fuel in a vehicle under ORS
319.530 that would otherwise be paid by the participant.
(5) If a person who participates in a
pilot program under this section pays the motor vehicle fuel tax under ORS
319.020, the department may refund the taxes paid.
(6) The department shall issue an emblem
for each vehicle that will be used by a participant as part of a pilot program
under this section. A seller of fuel for use in a motor vehicle may not collect
the tax that would otherwise be due under ORS 319.530 from a person operating a
vehicle for which an emblem has been issued under this subsection.
(7) If a person participating in a pilot
program under this section ends the persons participation in the program prior
to termination of the program, the person shall pay to the department any
amount of the highway use fee established for the program under subsection (4)
of this section that the person has not yet paid. The person shall return to
the department any emblem issued to the person under subsection (6) of this
section.
(8) The department may terminate a pilot
program at any time and may terminate participation by any particular person at
any time. When a program is terminated or a persons participation is
terminated by the department, the department shall collect any unpaid highway
use fees established for the program under subsection (4) of this section.
(9) The department may adopt any rules the
department deems necessary for the implementation of this section, including
but not limited to rules establishing methods of collecting highway use fees
from program participants and rules establishing reporting requirements for
participants.
(10) The department may compensate
participants in pilot programs established under this section.
(11) In designing, implementing and
evaluating pilot programs under this section, the department shall consider the
recommendations of the task force created by section 2 of this 2001 Act. [2001
c.862 §3]
Sec.
4. (1) The department may
use moneys in the State Highway Fund for financing activities required to
support the task force created by section 2 of this 2001 Act and the pilot
programs established under section 3 of this 2001 Act.
(2) The department may solicit and accept
grants and assistance from the United States Government and its agencies and
from any other source, public or private.
(3) The department may accept gifts or
donations of equipment necessary to carry out research and pilot programs under
sections 2 and 3 of this 2001 Act. [2001 c.862 §4]
Sec.
5. (1) Notwithstanding
section 2 (8) of this 2001 Act, not later than September 30, 2002, the task
force created by section 2 of this 2001 Act shall present a preliminary report
to the Legislative Assembly on possible alternatives to the current system of taxing
highway use through motor vehicle fuel taxes.
(2) Not later than July 1, 2003, the
Department of Transportation shall begin to implement pilot programs as
authorized by section 3 of this 2001 Act. [2001 c.862 §5]
Sec.
6. Sections 1 to 5 of this
2001 Act are repealed on January 2, 2010. [2001 c.862 §6]
Note: Section 43, chapter 618, Oregon Laws 2003,
provides:
Sec.
43. The Department of
Transportation may vary any fee established under section 3, chapter 862,
Oregon Laws 2001, to facilitate the maximum use of road capacity. [2003 c.618 §43]
(Cooperation
and Assistance on Transportation Projects)
184.668
Cooperation by other agencies issuing permits for transportation projects;
technical assistance on land use decisions. (1) Each state agency that issues a permit or other governmental
authorization necessary for the construction or siting of a transportation
project undertaken by the Department of Transportation shall:
(a) Upon request from the department,
provide a list of applicable standards and criteria for the permit or other
governmental authorization;
(b) Upon request from the department,
provide technical assistance concerning how to complete the permitting or other
governmental authorization process in the most cost-effective and timely manner
consistent with legal requirements administered by the agency; and
(c) Within the authority and discretion
otherwise afforded the agency by law, expedite review of, and the final
decision on, the permit or other governmental authorization.
(2) When a local land use decision
concerning a transportation project undertaken by the department involves the
application of statutes or rules that are administered by a state agency, upon
request from the department the state agency shall provide technical assistance
to the department concerning the application of the statute or rule to the
transportation project. If a state agency provides technical assistance to the
department under this subsection, upon request from the department the state
agency shall participate in the local land use decision in order to place the
substance of its assistance to the department on the record of the local
proceeding. If the local land use decision is appealed, the department may
request that the state agency participate in the appeal.
(3) As used in this section:
(a) State agency or agency means:
(A) The Department of Environmental
Quality;
(B) The Department of Land Conservation
and Development;
(C) The Department of State Lands;
(D) The State Department of Agriculture;
(E) The State Department of Fish and
Wildlife;
(F) The State Department of Geology and
Mineral Industries;
(G) The State Forestry Department; and
(H) The State Parks and Recreation
Department.
(b) Transportation project has the
meaning given that term in ORS 367.010. [2003 c.340 §1]
(Public
Transit)
184.670
Purpose of ORS 184.670 to 184.733. It is the purpose of ORS 184.675, 184.685 to 184.733 and this section:
(1) To provide a means of state financial
assistance and coordination to meet the states most pressing mobility needs
and to make transportation an effective and responsive force in achieving goals
for social, economic and environmental development, and conservation of
critical resources.
(2) To foster the development of an
integrated transportation system in which each component or mode, such as air,
bus, rail or para-transit is encouraged to perform in a coordinated and
complementary manner with other components or modes, and in balance with the
public need and economic and social constraints.
(3) To encourage more effective
participation by the private sector in providing coordinated public
transportation.
(4) To provide for optimum and broader
uses of federal funds as they become available.
(5) To promote the continuation and development
of privately owned intercity common carriers of passengers. [1977 c.230 §1]
184.675
Definitions for ORS 184.670 to 184.733. As used in ORS 184.670 to 184.733, unless the context requires
otherwise:
(1) Director means Director of
Transportation.
(2) Department means the Department of
Transportation.
(3) Operating agreement means an
agreement for the operation or maintenance on behalf of the Department of
Transportation of all or part of a public transportation system, but does not
include agreements by which the department provides only financial or technical
assistance or transportation facilities or equipment and which do not control
routes, rates or levels of service, or agreements under which such control is
exercised by the federal government through the department.
(4) Public transportation system means
any form of passenger transportation system, whether or not for hire, including
but not limited to air, rail, other fixed guideway, bus, jitney, taxi and
dial-a-ride passenger transportation systems within, between and outside of
urban and urbanized areas, and including related passenger terminal facilities
and motor vehicle parking facilities.
(5) Person means the
(6) Bus means a motor vehicle designed
for carrying 15 or more passengers, exclusive of the driver, and used for the
transportation of persons.
(7) Public transportation entity
includes a city, county, transportation district, mass transit district,
metropolitan service district, Indian tribe as defined in ORS 391.802 or
private nonprofit corporation operating a public transportation system. [1969
c.599 §50; 1973 c.249 §23; 1977 c.230 §2; 1981 c.224 §1; 1989 c.171 §24; 1993
c.741 §15; 2003 c.751 §8]
184.680 [1969 c.599 §§51,53; subsection (3) enacted
by 1969 c.599 §53a; 1973 c.249 §24; repealed by 1993 c.741 §147]
184.685
Purpose of department. The
Department of Transportation may conduct statewide coordinating, financing,
planning, research and development of public transportation systems in this
state to insure the most orderly, efficient and economical development of such
systems. [1969 c.599 §57; 1973 c.249 §25; 1977 c.230 §7]
184.689
Powers and duties of department. In order to carry out the purposes set forth in ORS 184.685, the
Department of Transportation 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;
(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. [1977 c.230 §9 (enacted in lieu of
184.700)]
184.690 [1969 c.599 §§54,55; repealed by 1973 c.249 §91]
184.691
Public Transit Account; use of moneys. The Public Transit Account is established in the General Fund of the
State Treasury. Except as otherwise provided by law, all moneys received by the
Department of Transportation for public transit purposes, from whatever source,
shall be paid into the State Treasury and credited to the account. All moneys
in the account are appropriated continuously to the department and shall be
used for public transit purposes authorized by law. [1975 c.522 §6; 1977 c.230 §5;
1993 c.741 §16]
184.695 [1969 c.599 §56; repealed by 1973 c.249 §91]
184.700 [1971 c.559 §2; 1973 c.249 §26; repealed by
1977 c.230 §8 (184.689 enacted in lieu of 184.700)]
184.705
Operating agreements. (1)
The Department of Transportation, in a manner determined by the Oregon
Transportation Commission, 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 to perform passenger transportation services pursuant to ORS
824.020 to 824.042 or ORS chapter 825. [1977 c.230 §13; 1989 c.171 §25; 1997
c.275 §1]
184.710
When operating agreements prohibited. The Department of Transportation shall not enter into operating
agreements with any person for service in competition with service being
provided by a mass transit district or transportation district formed under ORS
chapter 267 without the consent of such district. [1977 c.230 §15]
184.715 [1977 c.230 §14; repealed by 1993 c.741 §147]
184.720
Criteria and standards for evaluation of projects. For the purpose of aiding the development of
public transportation systems, the Department of Transportation shall establish
criteria and standards for the evaluation of transportation projects considered
for assistance under ORS 184.670, 184.675 and 184.685 to 184.733. [1977 c.230 §11]
184.725
Rules. The Department of
Transportation shall adopt such rules as are necessary to carry out the
provisions of ORS 184.670, 184.675 and 184.685 to 184.733. [1977 c.230 §12]
184.727 [1981 c.224 §3; repealed by 1989 c.867 §1]
(Public Transportation
Development Program)
184.730
Authority for public transportation development program. (1) In addition to the provisions of ORS
184.689, the Department of Transportation 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 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.
(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. [1981 c.224 §4; 1989 c.867 §2;
1991 c.752 §14f; 1993 c.741 §17; 1995 c.79 §65]
184.733
Department of Transportation Public Transportation Development Fund; use of
fund; sources. (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 may at any time,
with Oregon Transportation Commission approval, draw on funds in this account
for authorized purposes. The Director of Transportation 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 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. [1981 c.224 §§5,6,7;
1989 c.867 §3; 1991 c.752 §14g; 1995 c.79 §66]
(Safe Routes
to Schools)
184.740
Safe Routes to Schools Fund.
(1) The Safe Routes to Schools Fund is established separate and distinct from
the General Fund. Interest earned by the Safe Routes to Schools Fund shall be
credited to the fund. Moneys in the fund are continuously appropriated to the
Department of Transportation to implement a safe routes to schools program as
described in ORS 184.741.
(2) The department may apply for, accept,
receive and disburse gifts, grants, donations and other moneys from the federal
government or from any other source to carry out a safe routes to schools
program. Moneys received by the department under this subsection shall be
deposited in the Safe Routes to Schools Fund.
(3) The department, in consultation with
the Transportation Safety Committee, may award grants from the Safe Routes to
Schools Fund to applicants who comply with criteria adopted by the department
under ORS 184.741. [2005 c.484 §1]
184.741
Safe routes to schools program; rules. (1) The Department of Transportation, in consultation with the
Transportation Safety Committee, shall establish a safe routes to schools
program to assist communities in identifying and reducing barriers and hazards
to children walking or bicycling to and from school.
(2) The department may provide the following
kinds of assistance:
(a) Grants;
(b) Technical services and advice;
(c) Public information and education; and
(d) Evaluation and measurement of
community programs.
(3) If the department awards grants under
this section:
(a) The department shall award grants for
all of the following:
(A) Education;
(B) Engineering; and
(C) Enforcement;
(b) No one grant is required to include
moneys for all the components specified in paragraph (a) of this subsection;
and
(c) The department shall adopt rules specifying
criteria that will be used in awarding grants.
(4) A city, county or school district that
has developed or is preparing to develop a plan described in ORS 195.115 to
reduce barriers and hazards to children walking or bicycling to and from school
may apply to the department for assistance in developing or carrying out the
plan. [2005 c.484 §2]
184.750 [1971 c.319 §1; 1977 c.267 §1; 1977 c.661 §3;
1981 c.784 §19; 1985 c.740 §11; 1987 c.320 §144; 1989 c.116 §1; 1991 c.122 §6;
1991 c.402 §4; renumbered 409.010 in 1991]
184.755 [1971 c.319 §2; 1977 c.267 §2; renumbered
409.100 in 1991]
184.757 [1985 c.740 §2; 1987 c.60 §1; 1989 c.224 §12;
1989 c.834 §10; renumbered 409.410 in 1991]
184.759 [1985 c.740 §3; 1987 c.60 §2; renumbered
409.420 in 1991]
184.760 [1971 c.319 §3; 1977 c.267 §8; renumbered
409.130 in 1991]
184.765 [Formerly 176.630; 1977 c.267 §10;
renumbered 409.150 in 1991]
184.767 [1977 c.267 §9; 1979 c.468 §28; renumbered
409.140 in 1991]
184.770 [1971 c.319 §5; 1977 c.267 §12; renumbered
409.110 in 1991]
184.773 [1977 c.267 §7; renumbered 409.120 in 1991]
184.775 [1971 c.319 §6; 1977 c.267 §13; renumbered
409.160 in 1991]
184.780 [1971 c.319 §9; subsection (2) enacted as
1977 c.267 §22; 1987 c.660 §16a; renumbered 409.040 in 1991]
184.785 [1975 c.458 §§7,16; 1989 c.633 §5;
renumbered 409.020 in 1991]
184.787 [1977 c.267 §4; renumbered 409.050 in 1991]
184.790 [1975 c.768 §§1,2; 1977 c.661 §4; renumbered
184.865]
184.795 [1977 c.267 §14; renumbered 409.060 in 1991]
184.800 [1977 c.267 §15; renumbered 409.070 in 1991]
184.801 [1989 c.370 §1; renumbered 409.750 in 1991]
184.802 [1985 c.211 §1; 1989 c.224 §13; 1989 c.370 §2;
1991 c.739 §21; renumbered 458.505 in 1991]
184.803 [1987 c.522 §2; 1989 c.966 §4; 1991 c.739 §22;
renumbered 458.510 in 1991]
184.804 [1987 c.522 §3; 1989 c.224 §14; 1991 c.739 §23;
renumbered 458.515 in 1991]
184.805 [1971 c.401 §1; 1973 c.641 §1; 1989 c.834 §11;
1991 c.122 §7; renumbered 409.210 in 1991]
184.807 [1983 c.588 §1; renumbered 409.220 in 1991]
184.810 [1971 c.774 §15; 1989 c.51 §1; renumbered
409.250 in 1991]
184.815 [1971 c.774 §14; 1989 c.50 §1; renumbered
409.260 in 1991]
184.820 [1989 c.50 §2; renumbered 409.240 in 1991]
184.830 [1971 c.650 §1; 1975 c.730 §1; 1977 c.267 §16;
renumbered 409.310 in 1991]
184.835 [1971 c.650 §3; 1975 c.730 §2; 1985 c.565 §22;
renumbered 409.330 in 1991]
184.840 [1971 c.650 §4; 1975 c.730 §3; renumbered
409.320 in 1991]
184.860 [1977 c.661 §1; repealed 1981 c.784 §38]
184.865 [Formerly 184.790; 1981 c.163 §1; 1981 c.784
§20; renumbered 410.090]
184.870 [1977 c.779 §3; renumbered 443.205]
184.875 [1977 c.779 §1; renumbered 443.215]
184.880 [1977 c.779 §2; 1979 c.235 §1; renumbered
443.225]
184.883 [Subsection (1) of 1987 Edition enacted as
1987 c.781 §1; subsection (2) of 1987 Edition enacted as 1987 c.780 §2;
renumbered 409.710 in 1991]
184.885 [1977 c.846 §1; 1981 c.357 §2; renumbered
108.610]
184.890 [1977 c.846 §2; 1981 c.357 §3; renumbered
108.620]
184.900 [1975 c.768 §3; 1977 c.661 §2; 1981 c.784 §17;
renumbered 410.320]
184.905 [1975 c.768 §4; 1977 c.891 §7; renumbered
410.330]
184.910 [1975 c.768 §5; renumbered 410.340]
184.915 [1975 c.768 §§6,7; repealed by 1977 c.661 §5]
184.940 [1977 c.81 §5; renumbered 185.570]
_______________
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