2007 ORS § 367.605¹
Source of funds to secure Highway User Tax Bonds

(1) Moneys deposited in the State Highway Fund established under ORS 366.505 (Composition and use of highway fund) are pledged to payment of Highway User Tax Bonds issued under ORS 367.615 (Bond issuance).

(2) Except as provided in subsection (3) of this section, moneys, once deposited in the highway fund from the following sources are subject to the use or pledge described in subsection (1) of this section:

(a) Moneys from the taxes and fees on motor carriers imposed under ORS 825.474 (Motor carrier tax for use of highways) and 825.480 (Substitute taxes for certain vehicles).

(b) Moneys from the tax on motor vehicle fuel imposed under ORS 319.020 (Monthly statement by dealer).

(c) Moneys from the tax on fuel used in motor vehicles imposed under ORS 319.530 (Imposition of tax).

(d) Moneys described under ORS 803.090 (Fees for transfer and certificate issuance) from the titling of vehicles.

(e) Moneys described under ORS 803.420 (Registration fees) from the registration of vehicles.

(f) Moneys described under ORS 807.370 (License, endorsement and permit fees) relating to the issuance of driver licenses and driver permits.

(g) Moneys received by the Department of Transportation from taxes, fees or charges imposed after January 1, 2001, or other revenues received by the department from sources not listed in paragraphs (a) to (f) of this subsection that are available for the use or pledge described by this section.

(3) Moneys described under subsection (2) of this section do not include:

(a) Moneys provided for appropriations to counties under ORS 366.762 (Appropriation from highway fund for counties) to 366.768 (Advances from highway fund to county).

(b) Moneys provided for appropriations to cities under ORS 366.785 (Definitions for ORS 366.785 to 366.820) to 366.820 (Limit to application of ORS 366.785 to 366.815).

(c) Moneys in the account established under ORS 366.512 (Collection of certain registration fees for State Parks and Recreation Department Fund) for parks and recreation.

(4) To the extent affirmatively pledged, moneys from the following sources are subject to the use or pledge described in subsection (1) of this section:

(a) Moneys received by the Department of Transportation from the United States government.

(b) Any other moneys legally available to the department.

(5) Notwithstanding ORS 366.507 (Modernization program), the lien or charge of any pledge of moneys securing bonds issued under ORS 367.615 (Bond issuance) is superior or prior to any other lien or charge and to any law of the state requiring the department to spend moneys for specified highway purposes. [1985 c.551 §2; 2001 c.669 §8; 2003 c.201 §24; 2007 c.783 §169a]