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:
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.
Moneys described under subsection (2) of this section do not include:
To the extent affirmatively pledged, moneys from the following sources are subject to the use or pledge described in subsection (1) of this section:
Moneys received by the Department of Transportation from the United States government.
Any other moneys legally available to the department.
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; 2014 c.13 §10]