By Kevin Haas, Legislative Chair

Last updated on January 30, 2012

Here comes the 2012 Legislative Session!

The Oregon Legislative Assembly will convene for a short session of up to 35 days starting on February 1, 2012. Some groundwork has already been laid for the short session as several transportation-related Bills have already been posted to the Legislature's web site. Here are some of the Bills we will be following for the 2012 session:

Senate Bills

Senate Bill 1512 - Makes legislative findings regarding lighting that contains mercury. Prohibits sale or offer for sale of lighting that contains mercury in excess of specified amounts. Makes sale or offer for sale of certain lighting that contains mercury unlawful trade practice. Specifies state procurement policy related to lighting that contains mercury. Requires certain reports to Legislative Assembly.

Senate Bill 1518 - Prohibits state contracting agency, under specified conditions, from accepting bid or proposal from bidder or proposer that advised or assisted state contracting agency concerning solicitation documents or materials related to public contract.

Senate Bill 1544 - Exempts land in site of statewide economic development significance from certain transportation planning requirements and access management standards.

House Bills

House Bill 4034 - Changes applicable rate of interest for contractor’s failure to make timely payment in accordance with public improvement contract to nine percent per annum.

House Bill 4055 - Directs state agencies and local governments with functions related to issuance of registrations, licenses, certifications or permits necessary to conduct business in Oregon to provide nonmonetary assistance to qualified persons.

House Bill 4115 - Requires contracting agency to pay fee to Secretary of State in amount of one-tenth of one percent of contract price for public contract. Requires secretary to use fee proceeds to conduct or enter into contract with person to conduct, without notice, financial, performance and compliance audits of public contracts.

House Bill 4130 - Provides that employee who separates from contracting agency, under specified conditions and for period of one year, may not seek or gain employment with contractor with which contracting agency entered into public contract.

House Bill 4144 - Requires contracting agency, in determining lowest bid for procurement, to make certain additions and deductions based on health and retirement benefits paid for workers who are residents of this state, based on fuel consumption and carbon generation and based on personal income taxes paid by employing workers who are residents of this state.

If you have any questions or comments concerning Bills or Resoultions being discussed during the 2012 Legislative Session, please don't hesitate to contact me via email or by phone at 503-986-3580.

Recap of Previous Legislative Sessions

Recap of the 2011 Legislative Session

The Oregon Legislative Assembly adjourned on June 30, 2011 to close the 2011 Legislative Session. The 2011 Legislative Session was the first time the Legislature had convened for annual sessions which may not exceed 160 days in odd-numbered years and 35 days in even-numbered years. The February 2012 session will be the first official annual session in an even-numbered year. Other sessions held in even-numbered years were considered "special sessions" of the Legislature and were only called under certain circumstances.

The Oregon Department of Transportation produced a summary of the 2011 Legislative Session that is linked below:

2011 Legislative Summary Report

2010 Special Legislative Session

The Oregon Legislative Assembly convened February 1, 2010 for a short 25-day Special Session that ended on February 25, 2010. This Special Session was the second test run for what lawmakers hoped would be annual sessions. Lawmakers sent a ballot measure to voters that passed on November 2, 2010 making annual sessions permanent, with limits of 160 days in odd-numbered years and 35 days in even-numbered years.

Even though the 2010 Special Legislative Session only lasted 25 days, there were a few Bills and Resolutions related to transportation that were passed. The Oregon Department of Transportation (ODOT) closely tracks legislation related to transportation and publishes a Legislative Summary report after every Legislative Session. The document provides summaries of most transportation bills, with effective dates, and in some cases an ODOT staff person responsible for implementing the bill. A link to the 2010 Legislative Summary Report from ODOT is provided below.

2010 Legislative Summary Report

National Legislative Issues

Manual on Uniform Traffic Control Devices (MUTCD)

The Federal Highway Administration (FHWA) issued a final rule on the 2009 Edition of the MUTCD on December 16, 2009. ODOT offically adopted the 2009 MUTCD and an Oregon Supplement on December 21, 2011 as the official MUTCD for the State of Oregon. Practitioners need to familiarize themselves with both the 2009 MUTCD and the Oregon Supplement when performing work in the State of Oregon. You can view the latest information on the 2009 MUTCD and how it is applied in Oregon at the ODOT web site linked below.

Oregon MUTCD Information & Oregon Supplement to the MUTCD - This link provides access to a web page providing a FAQ on Oregon adoption of the 2009 MUTCD.

MUTCD Federal Register Notices - Information on Notices of Proposed Amendments (NPAs) and Final Rules (FRs) regarding the MUTCD.

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

The most recent federal authorization for Federal surface transportation programs (SAFETEA-LU) expired in 2009. President Obama's administration and the US Congress have yet to set a timetable for a new federal transportation funding bill so it's anyone's guess as to what kind of reauthorization package we will see but we're hoping that some type of transportation funding package will be introduced in Congress in 2012. The funding mechanisms of SAFETEA-LU are continuing under several stop-gap resolutions passed by Congress to continue federal funding of transportation until a new bill is introduced and debated. Until we hear more news on reauthorization, you can click on the link below to get background information on the SAFETEA-LU funding package.

SAFETEA-LU - Information on the expired federal authorization for Federal surface transportation programs for the 5-year period 2005-2009. Most SAFETEA-LU rules and programs are being carried forward into 2011 through continuing resolutions passed by Congress until a new transportation bill comes out of Washington D.C.