Chapter 366 — Chapter 366
321 sections in this chapter.
ORS 366.7024 [1959 c.386 §5; 1961 c.381 §3; renumbered 367.390]
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[Repealed or reserved.]
ORS 366.7025 [1959 c.386 §6; renumbered 367.395]
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[Repealed or reserved.]
ORS 366.7026 [1959 c.386 §7; renumbered 367.400]
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[Repealed or reserved.]
ORS 366.7027 [1959 c.386 §8; renumbered 367.405]
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[Repealed or reserved.]
ORS 366.7028 [1959 c.386 §9; renumbered 367.410]
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[Repealed or reserved.]
ORS 366.7029 [1959 c.386 §10; 1961 c.345 §2; renumbered 367.415]
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[Repealed or reserved.]
ORS 366.7030 [1959 c.386 §11; renumbered 367.420]
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[Repealed or reserved.]
ORS 366.705 [Renumbered 366.556 in 2003]
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[Repealed or reserved.]
ORS 366.710 [Amended by 1979 c.293 §3; renumbered 366.558 in 2003]
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[Repealed or reserved.]
ORS 366.715 [Amended by 1979 c.293 §4; renumbered 366.560 in 2003]
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[Repealed or reserved.]
ORS 366.720 [Renumbered 366.562 in 2003]
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[Repealed or reserved.]
ORS 366.725 [Renumbered 366.564 in 2003]
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[Repealed or reserved.]
ORS 366.730 [Renumbered 366.566 in 2003]
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[Repealed or reserved.]
ORS 366.735 [Part renumbered 367.155; 1979 c.293 §6; renumbered 366.568 in 2003]
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ALLOCATIONS TO COUNTIES AND CITIES (Generally)
ORS 366.739 Allocation of moneys to counties and cities generally. Except as otherwise provided in ORS 366.744, the taxes collected under ORS 319.020, 319.530, 803.090, 803.420, 818.225, 825.476 and 825.480 and the special use fuel license fees collected under ORS 319.535, minus $71.2 million per biennium, shall be allocated 24.38 percent to counties under ORS 366.762 and 15.57 percent to cities under ORS 366.800. [Formerly 366.524; 2014 c.13 §7]
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[Repealed or reserved.]
ORS 366.740 [Renumbered 367.160]
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[Repealed or reserved.]
ORS 366.742 Repayment of specified bonds; allocation of moneys not needed for repayment. Each biennium, any portion of the $71.2 million referred to in ORS 366.739 that remains after deducting an amount equal to total debt service payments payable on outstanding Highway User Tax Bonds described in ORS 367.620 (2) shall be allocated 50 percent to the Department of Transportation, 30 percent to counties and 20 percent to cities. Moneys allocated to counties and cities under this section shall be distributed in the same manner as moneys allocated under ORS 366.739 are distributed. [Formerly 366.543]
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Note: 366.742 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 366.744 Allocation of moneys from specified increases in title and registration fees and in truck taxes and fees; restrictions on expenditure by Multnomah County. (1) The following moneys shall be allocated as provided in subsection (2) of this section
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(a) The amount attributable to the increase in title fees by the amendments to ORS 803.090 by section 1, chapter 618, Oregon Laws 2003; (b) The amount attributable to the increase in registration fees by the amendments to ORS 803.420 by section 2, chapter 618, Oregon Laws 2003, e…
ORS 366.745 [Renumbered 367.165]
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[Repealed or reserved.]
ORS 366.747 Allocation of moneys from specified increases in fees. (1) The following moneys shall be allocated as described in subsection (2) of this section
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(a) The amount attributable to the increase in the inspection fee by the amendments to ORS 803.215 by section 47, chapter 618, Oregon Laws 2003. (b) The amount attributable to any increase in registration plate fees by the amendments to ORS 803.570 by section 48, chapter 618, Ore…
ORS 366.749 Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing. (1) Each year the Department of Transportation shall determine the increase in the number of vehicle registrations and titles that is attributable to ORS 803.565 and the increase in the number of trip permits issued under ORS 803.600 that is attributable to the amendments to ORS 803.600 by section 3, chapter 600, Oregon Laws 2003
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(2) Notwithstanding any other allocation of moneys to counties and cities under this chapter, the amount of moneys from the increases described in subsection (1) of this section shall be allocated 60 percent to counties and 40 percent to cities. Moneys allocated under this sectio…
ORS 366.750 [Renumbered 367.170]
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[Repealed or reserved.]
ORS 366.752 Allocation of moneys from specified increases in fees. (1) The following moneys shall be allocated as described in subsections (2) and (3) of this section
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(a) The amount attributable to the fee increases by the amendments to ORS 803.090 by section 42, chapter 865, Oregon Laws 2009. (b) The amount attributable to the fee increases by the amendments to ORS 803.420 by section 43, chapter 865, Oregon Laws 2009. (c) The amount attributa…
ORS 366.755 [Renumbered 367.175]
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[Repealed or reserved.]
ORS 366.760 [Renumbered 367.180]
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(Counties)
ORS 366.762 Appropriation from highway fund for counties
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There shall be and hereby are appropriated out of the highway fund annually such sums of money established under ORS 366.739 out of all moneys credited to the State Highway Fund by the State Treasurer between July 1 of any year and June 30 of the following year that are subject t…
ORS 366.764 Basis of allocation of appropriation to counties. The sum designated in ORS 366.762 shall be remitted by warrant to the county treasurers of the several counties. The remittance in any year shall be in proportion of the number of vehicles, trailers, semitrailers, pole trailers and pole or pipe trailers registered in each county, to the total number of such vehicles registered in the state as of December 31 of the preceding year, as indicated by motor vehicles registration records. All such vehicles owned and operated by the state and registered under ORS 805.040, 805.045 and 805.060 shall be excluded from the computation in making the apportionment. [Formerly 366.530]
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[Repealed or reserved.]
ORS 366.765 [Amended by 1967 c.454 §43; 1979 c.293 §7; 1981 c.153 §63; renumbered 366.570 in 2003]
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[Repealed or reserved.]
ORS 366.766 Remitting appropriation to counties. The appropriation made by ORS 366.762 shall be remitted to the counties on a monthly basis within 35 days after the end of the month for which a distribution is made in an amount determined in ORS 366.739 and 366.762 and credited to the highway fund for such remittance. [Formerly 366.535]
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[Repealed or reserved.]
ORS 366.768 Advances from highway fund to county. Upon satisfactory showing before the Department of Transportation by any county that the county does not have sufficient funds with which to pay, when due, bonded indebtedness incurred for highway purposes, the department may certify to such fact. Pursuant to the certificate, a warrant shall be drawn in favor of the county against the highway fund in the amount set out in each certificate, which amount so advanced shall be deducted from the next payment due the county under ORS 366.762 to 366.768. [Formerly 366.540]
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[Repealed or reserved.]
ORS 366.770 [Amended by 1979 c.223 §2; renumbered 366.572 in 2003]
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[Repealed or reserved.]
ORS 366.772 Allocation of moneys to certain counties. (1) Not later than July 31 in each calendar year, the sum of $5,500,000 shall be withdrawn from the appropriation specified in ORS 366.762 and the sum of $250,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund. The sums withdrawn shall be transferred to a separate account to be administered by the Department of Transportation
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(2) Not later than July 31 in each calendar year, the sum of $5,750,000 shall be withdrawn from the separate account described in subsection (1) of this section and distributed to counties as follows: (a) An amount of $750,000 shall be distributed to the following counties in the…
ORS 366.773 [2001 c.565 §1; 2003 c.794 §265; renumbered 366.574 in 2003]
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[Repealed or reserved.]
ORS 366.774 Authorized use of allocation to counties; report by counties to Legislative Assembly. (1) Moneys paid to counties under ORS 366.762 to 366.768 shall be used only for the purposes stated in sections 3 and 3a, Article IX of the Oregon Constitution, and the statutes enacted pursuant thereto including ORS 366.514
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(2) Counties receiving moneys under ORS 366.762 to 366.768 shall report annually to the Legislative Assembly the expenditures of those moneys in each of the following areas: (a) Administration; (b) Bicycle paths; (c) Construction and expansion; (d) Operations and maintenance; (e)…
ORS 366.775 [Amended by 1953 c.252 §2; 1979 c.223 §3; renumbered 366.576 in 2003]
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[Repealed or reserved.]
ORS 366.777 [1999 c.541 §1; renumbered 366.578 in 2003]
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[Repealed or reserved.]
ORS 366.780 [Repealed by 1981 c.153 §79]
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(Cities)
ORS 366.785 Definitions for ORS 366.785 to 366.820. As used in ORS 366.785 to 366.820, unless the context requires otherwise
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(1) “Year” means a calendar year. (2) “City” means only cities of this state which are regularly operating as such through elected governmental officers. (3) “Population” means population as given in the latest determination of Portland State University. [Amended by 1961 c.259 §2…
ORS 366.790 Authorized use of appropriation to cities; report by cities to Legislative Assembly. (1) Moneys paid to cities under ORS 366.785 to 366.820 shall be used only for the purposes stated in sections 3 and 3a, Article IX of the Oregon Constitution and the statutes enacted pursuant thereto including ORS 366.514
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(2) Cities receiving moneys under ORS 366.785 to 366.820 shall report annually to the Legislative Assembly the expenditures of those moneys in each of the following areas: (a) Administration; (b) Bicycle paths; (c) Construction and expansion; (d) Operations and maintenance; (e) O…
ORS 366.795 [Repealed by 1955 c.237 §1]
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[Repealed or reserved.]
ORS 366.800 Appropriation from highway fund for cities; amount and source. There shall be and hereby are appropriated out of the highway fund annually such sums of money established under ORS 366.739 out of all moneys credited to the highway fund by the State Treasurer between July 1 of any year and June 30 of the following year that are subject to the appropriation under this section by ORS 366.739. The appropriation shall be distributed among the several cities as provided in ORS 366.785 to 366.820. [Amended by 1967 c.463 §5; 1979 c.344 §10; 1981 s.s. c.3 §109; 1983 c.164 §4; 1983 c.338 §922; 1985 c.209 §5]
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[Repealed or reserved.]
ORS 366.805 Allocation of appropriation to cities; small city advisory committee. (1) Except as provided in subsection (2) of this section, the appropriation specified in ORS 366.800 shall be allocated to the cities as provided in this subsection. The moneys subject to allocation under this subsection shall be distributed by the Department of Transportation according to the following
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(a) The moneys shall be distributed to all the cities. (b) Each city shall receive such share of the moneys as its population bears to the total population of the cities. (2) Each year, the sum of $2,500,000 shall be withdrawn from the appropriation specified in ORS 366.800 and $…
ORS 366.810 Payment of appropriation to cities. Funds accrued and payable to cities under ORS 366.785 to 366.820 shall be remitted on a monthly basis within 35 days after the end of the month for which a distribution is made by the Department of Transportation to the financial officer of each city. The funds appropriated shall be apportioned on or before the last day of each month by the department, which shall certify to the apportionment. Upon such certification, warrants shall be drawn payable to the cities in the amounts set out. [Amended by 1967 c.454 §44; 1973 c.436 §1; 1975 c.527 §3]
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[Repealed or reserved.]
ORS 366.815 City to establish state tax street fund. A city shall set aside in a state tax street fund all money which it receives under ORS 366.785 to 366.820. [Amended by 1993 c.741 §43; 2015 c.138 §13]
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[Repealed or reserved.]
ORS 366.820 Limit to application of ORS 366.785 to 366.815. Nothing in ORS 366.785 to 366.815 relieves the Department of Transportation of its statutory obligations with respect to the construction, reconstruction, maintenance, repair and improvement of streets or roads taken over by the state, or confers on the department jurisdiction or control over roads or streets benefited by ORS 366.785 to 366.815, except as provided therein. [Amended by 2001 c.104 §126]
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MISCELLANEOUS PROVISIONS
ORS 366.903 Legislative findings; atomic cleanup veterans. The Legislative Assembly finds and declares that the United States federal government has not sufficiently recognized the sacrifice of veterans who participated in cleanup and decontamination efforts between 1962 and 1980 of nuclear testing sites in the Marshall Islands. [2021 c.121 §1]
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Note: 366.903 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 366.905 “Old Oregon Trail” designation. All that portion of the east and west state highway across the state, commencing at the Idaho state line at Ontario and Nyssa, through Huntington, Baker City, La Grande, Pendleton, Umatilla, The Dalles, Hood River, Portland, Astoria and ending at Seaside on the Pacific Ocean, is designated as the Old Oregon Trail. That portion of the highway from The Dalles to Astoria shall retain its identity as the Columbia River Highway section of the Old Oregon Trail. The road from Hood River, up the Hood River Valley around Mt. Hood, through Oregon City and on to Portland, shall be known as the Mt. Hood Loop section of the Old Oregon Trail. [Amended by 1991 c.67 §90; 2001 c.508 §1]
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[Repealed or reserved.]
ORS 366.906 Oregon City designated end of Oregon Trail. (1) Notwithstanding the description in ORS 366.905, Oregon City, in Clackamas County, Oregon, is recognized and designated as the true and correct end of the Oregon National Historic Trail, otherwise known as the Oregon Trail or the Old Oregon Trail, and as such is deserving of preservation as an historic and economic resource for this state and the nation
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(2) That northern portion of Oregon City, Oregon, to the south and east of the confluence of the Clackamas and Willamette Rivers is recognized and designated as the site of the gathering and dispersal of the incoming Oregon Trail pioneers. [1987 c.184 §1] Note: 366.906 was enacte…
ORS 366.907 Findings and declarations concerning Highway 101. The Legislative Assembly finds and declares that
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(1) Highway 101, the coast highway providing the only access to the whole western length of this state, is of economic, recreational, scenic, social and historic importance to the people of the state. (2) There are many agencies and municipalities with particular regulatory or pr…
ORS 366.910 End of Lewis and Clark Trail. That portion of Broadway Street in Seaside which meets the Pacific Ocean shall be known as the end of the Lewis and Clark Trail
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[Repealed or reserved.]