(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 and 825.480.
(b) Moneys from the tax on motor vehicle fuel imposed under ORS 319.020.
(c) Moneys from the tax on fuel used in motor vehicles imposed under ORS 319.530.
(d) Moneys from the special use fuel license fee under ORS 319.535.
(e) Moneys described under ORS 803.090 from the titling of vehicles.
(f) Moneys described under ORS 803.420 from the registration of vehicles.
(g) Moneys described under ORS 807.370 relating to the issuance of driver licenses and driver permits.
(h) 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 (g) 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 to 366.768.
(b) Moneys provided for appropriations to cities under ORS 366.785 to 366.820.
(c) Moneys in the account established under ORS 366.512 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, the lien or charge of any pledge of moneys securing bonds issued under ORS 367.615 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; 2014 c.13 §10]
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