2017 ORS 367.095¹
Tax and fee distribution and projects

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This section is amended
Effective June 2, 2018
Relating to transportation; creating new provisions; amending ORS 184.620, 184.661, 184.751, 184.758, 184.761, 184.766, 316.189, 320.400, 320.405, 320.415, 320.445, 320.455, 320.490, 320.550, 366.155, 366.483, 366.772, 367.095, 377.725, 377.756, 801.041, 801.042, 803.445, 805.045, 805.205, 811.215, 811.485, 818.225, 818.270, 825.450 and 825.480 and section 2, chapter 823, Oregon Laws 2009, section 18, chapter 30, Oregon Laws 2010, and sections 45, 71d, 85, 122r, 139, 149 and 150, chapter 750, Oregon Laws 2017; repealing section 2, chapter 646, Oregon Laws 2017, and sections 56, 59 and 119, chapter 750, Oregon Laws 2017; and prescribing an effective date.

(1) The following amounts shall be distributed in the manner prescribed in this section:

(a) The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 (Monthly statement by dealer) and 319.530 (Imposition of tax) by sections 40 to 43, chapter 750, Oregon Laws 2017.

(b) The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 (Title fees based on miles per gallon) and 803.422 (Registration fees based on miles per gallon).

(c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420 (Registration fees), 803.645 (Fees for trip permits), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 818.270 (Fees for permits), 825.450 (Weight receipt), 825.476 (Carrier tax tables), 825.480 (Substitute taxes for certain vehicles) and 826.023 (Fees for cards, plates and stickers) by sections 34, 35, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.

(2) The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:

(a) For calendar years beginning on or after January 1, 2022, $30 million shall be used for the Interstate 5 Rose Quarter Project. This amount shall be used for the Interstate 5 Rose Quarter Project only until the later of the date on which the project is completed or on which all bonds issued to fund the project have been repaid.

(b) $10 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742 (Matching grant program). The remainder of the moneys shall be distributed as described in subsection (3) of this section.

(3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:

(a) 50 percent to the Department of Transportation.

(b) 30 percent to counties for distribution as provided in ORS 366.762 (Appropriation from highway fund for counties).

(c) 20 percent to cities for distribution as provided in ORS 366.800 (Appropriation from highway fund for cities).

(4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:

(a) $10 million for safety.

(b) Of the remaining balance:

(A) Forty percent for bridges.

(B) Thirty percent for seismic improvements related to highways and bridges.

(C) Twenty-four percent for state highway pavement preservation and culverts.

(D) Six percent for state highway maintenance and safety improvements. [2017 c.750 §71a]

Note: The amendments to 367.095 (Tax and fee distribution and projects) by section 71b, chapter 750, Oregon Laws 2017, become operative January 1, 2023. See section 71c, chapter 750, Oregon Laws 2017. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.

367.095 (Tax and fee distribution and projects). (1) The following amounts shall be distributed in the manner prescribed in this section:

(a) The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 (Monthly statement by dealer) and 319.530 (Imposition of tax) by sections 40 to 43, chapter 750, Oregon Laws 2017.

(b) The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 (Title fees based on miles per gallon) and 803.422 (Registration fees based on miles per gallon).

(c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420 (Registration fees), 803.645 (Fees for trip permits), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 818.270 (Fees for permits), 825.450 (Weight receipt), 825.476 (Carrier tax tables), 825.480 (Substitute taxes for certain vehicles) and 826.023 (Fees for cards, plates and stickers) by sections 34, 35, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.

(2) The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:

(a) $30 million shall be used for the Interstate 5 Rose Quarter Project. This amount shall be used for the Interstate 5 Rose Quarter Project only until the later of the date on which the project is completed or on which all bonds issued to fund the project have been repaid.

(b) $15 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742 (Matching grant program). The remainder of the moneys shall be distributed as described in subsection (3) of this section.

(3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:

(a) 50 percent to the Department of Transportation.

(b) 30 percent to counties for distribution as provided in ORS 366.762 (Appropriation from highway fund for counties).

(c) 20 percent to cities for distribution as provided in ORS 366.800 (Appropriation from highway fund for cities).

(4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:

(a) $10 million for safety.

(b) Of the remaining balance:

(A) Forty percent for bridges.

(B) Thirty percent for seismic improvements related to highways and bridges.

(C) Twenty-four percent for state highway pavement preservation and culverts.

(D) Six percent for state highway maintenance and safety improvements.

Note: 367.095 (Tax and fee distribution and projects) and 367.097 (Debt service) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 367—Transportation Financing; Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors367.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.