71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1971
A-Engrossed
House Bill 2668
Ordered by the House March 2
Including House Amendments dated March 2
Sponsored by Representative WILLIAMS; Representatives BACKLUND,
LOWE, RINGO, SHETTERLY, C WALKER, WILSON (at the request of
Association of Oregon Housing Authorities)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Reduces term of office for appointed members of board or
commission exercising powers of housing authority to four years.
Provides for special term of office for vacancies created by
reduction in term of office. Validates actions taken by certain
boards or commissions exercising powers of housing authority
prior to effective date without regard to defects in membership
of board or commission at time of action.
Permits commission exercising power of housing authority
{ - that has 300 or more public housing units to include - }
{ + to appoint up to two additional members of whom at least one
must be + } person receiving direct assistance from authority.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to housing authorities; creating new provisions;
amending ORS 456.095, 456.100 and 456.110; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Notwithstanding any defect in the membership of
a board or commission, all actions taken by a board or commission
created pursuant to ORS 456.095 (1)(a) (1999 Edition) prior to
the effective date of this 2001 Act in the exercise of housing
authority duties, functions and powers are validated. + }
SECTION 2. { + (1) Notwithstanding any original term of
appointment, a member of a board or commission created pursuant
to ORS 456.095 (1)(a) (1999 Edition) who holds office immediately
prior to the effective date of this 2001 Act shall serve a term
of office that expires on the effective date of this 2001 Act or
four years after commencement of the term of office, whichever is
later.
(2) Notwithstanding ORS 456.100, for each board or commission
position vacated on the effective date of this 2001 Act pursuant
to subsection (1) of this section, the appointing authority shall
make an appointment to the vacant position for a term of office
that expires on the date the term of office for the vacant
position was originally scheduled to expire. Unless the
appointing authority appoints a different person to the position
on or before the 10th day after the effective date of this 2001
Act, the board or commission member occupying the position
immediately prior to the effective date of this 2001 Act is
considered to have been reappointed to the position for the term
of office described under this subsection.
(3) Upon the expiration of an appointment made pursuant to
subsection (2) of this section, the governing body shall make
appointments to the position as provided under ORS 456.100 (4).
The appointing authority may, however, adjust the term of office
for the initial appointment made under this subsection to
minimize the number of board or commission terms expiring in the
same year. + }
SECTION 3. ORS 456.095 is amended to read:
456.095. (1) When the governing body of a city or county adopts
a resolution pursuant to ORS 456.085, the governing body may then
elect to have the powers of a housing authority under this
chapter, ORS chapter 455 and ORS 446.515 to 446.547 exercised in
any of the following ways:
(a) Appointing by resolution, a { - board or - } commission
composed of five, seven or nine persons.
(b) Declaring, by resolution, that the governing body, itself,
shall exercise the powers of a housing authority under this
chapter, ORS chapter 455 and ORS 446.515 to 446.547. { + A
governing body that exercises the powers of a housing authority
may appoint at least one but not more than two additional
commissioners for the housing authority. An appointed
commissioner has the same authority as other housing authority
commissioners, but may not exercise any powers of the governing
body. At least one appointed commissioner must be a resident who
receives direct assistance from the housing authority. The second
appointed commissioner, if any, at a minimum must live within the
jurisdiction of the authority. An appointed commissioner serves a
term of office equal in length to the terms of office for
governing body members, but not more than four years. An
appointed commissioner may be removed only for cause as described
in ORS 456.110 or if the commissioner ceases to meet the
requirements for being an appointed commissioner. + } In the
event that { + a housing authority commission consisting of
+ }the governing body of a city { + and one or more appointed
commissioners + } has an even number of members, the mayor shall
be included as a member { - whenever the governing body is
exercising the powers - } of { - a - } { + the commission
for the + }housing authority. { - However, any - } { +
An + } act of { - the - } { + a + } governing body
{ - acting as a - } { + exercising the powers of a + } housing
authority
{ - shall be, and shall be considered, the - } { + is an + }
act of the { + commission for the + } housing authority only
and not of the governing body.
(2) When the governing bodies of two or more authorities join
and cooperate with one another and create a regional authority to
exercise all the powers conferred by the Housing Authorities Law,
as authorized by ORS 456.140, the governing bodies of the
cooperating cities and counties shall by resolution appoint a
{ - board or - } commission for the regional authority
consisting of nine { - commissioners - } { + persons + }. The
cooperating cities and counties shall each appoint an equal
number of the { + nine + } commissioners
{ - and, - } { + . + } If nine divided by the number of
{ - such - } { + joining or cooperating + } cities and
counties produces a fraction, then the commissioners appointed by
such cities and counties shall appoint one commissioner so that
nine commissioners in all are appointed. { + The nine
commissioners appointed by or on behalf of cities or counties may
appoint at least one but not more than two additional
commissioners for the housing authority. At least one additional
commissioner must be a resident who receives direct assistance
from the housing authority. The second additional commissioner,
if any, at a minimum must live within the jurisdiction of the
authority. The term of office for an additional commissioner is
equal to the term of office for a commissioner appointed by or on
behalf of cities or counties. An additional commissioner may be
removed only for cause as described under ORS 456.110 or if the
person ceases to meet the requirements for being an additional
commissioner. + }
(3) { - No - } { + A + } commissioner of { - such - } an
authority may { + not + } be an officer or employee of any city
or county for which the authority is created, unless the
commissioner is a member of the governing body or one of the
governing bodies.
(4) { - Commissioners - } { + Persons + } appointed to the
{ - board - } { + commission + }shall include a variety of
occupations. { + At least + } one commissioner { + , but not
more than two commissioners, + } appointed under subsection
(1)(a) of this section { - shall be a tenant of the
authority - } { + must be a resident who receives direct
assistance from the housing authority + }. { - Where there are
presently no tenant commissioners on such authority boards, a
tenant commissioner shall be appointed when the next vacancy
occurs on such a board. A tenant commissioner is not required to
be appointed unless the authority has at least 25 units occupied
or 75 percent occupancy of the units available for occupancy,
whichever occurs first. - }
(5) A certificate of appointment or reappointment of any
commissioners shall be filed with the clerk of each of the cities
and counties included in the authority. Such certificate shall be
conclusive evidence of the due and proper appointment of a
commissioner.
SECTION 4. ORS 456.100 is amended to read:
456.100. (1) The commissioners of a five-member authority who
are first appointed shall serve { - for - } terms { - of
one, two, three, four and five years, respectively, from the date
of their appointment. - } { + as follows:
(a) One commissioner shall be appointed for a term of one year.
(b) One commissioner shall be appointed for a term of two
years.
(c) One commissioner shall be appointed for a term of three
years.
(d) Two commissioners shall be appointed for terms of four
years. + }
(2) The commissioners of a seven-member authority who are first
appointed shall serve { - for - } terms { - of two for one
year, two for two years, one for three years, one for four years
and one for five years from the date of appointment. - } { + as
follows:
(a) One commissioner shall be appointed for a term of one year.
(b) Two commissioners shall be appointed for terms of two
years.
(c) Two commissioners shall be appointed for terms of three
years.
(d) Two commissioners shall be appointed for terms of four
years. + }
(3) The commissioners of a nine-member authority who are first
appointed shall serve { - for - } terms { - of two for one
year, two for two years, two for three years, two for four years
and one for five years from the date of appointment. - } { + as
follows:
(a) Two commissioners shall be appointed for terms of one year.
(b) Two commissioners shall be appointed for terms of two
years.
(c) Two commissioners shall be appointed for terms of three
years.
(d) Three commissioners shall be appointed for terms of four
years. + }
(4) Thereafter, commissioners shall be appointed by resolution
in the same manner as their original appointment for a term of
office of { - five - } { + four + } years except that all
vacancies shall be filled for the unexpired term. A commissioner
shall hold office until a successor has been appointed and
qualified.
(5) A commissioner shall receive no compensation for services,
but shall be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of the duties of
the commissioner.
SECTION 5. ORS 456.110 is amended to read:
456.110. For inefficiency or neglect of duty or misconduct in
office, a commissioner of an authority appointed pursuant to ORS
456.095 (1) { - (a) - } or (2) may be removed by the mayor or,
in the case of an authority for a county, by the governing body
of the county or, in the case of a regional authority, by the
{ - mayor of the city or the governing body of the county that
appointed - } { + appointing authority for + } the
commissioner. { + This section does not allow the removal of a
member of a governing body exercising power as a housing
authority. + } A commissioner shall not be removed until after
the commissioner has been given a copy of the charges at least 10
days prior to the hearing thereon and had an opportunity to be
heard in person or by counsel. In the event of the removal of any
commissioner, a record of the proceedings, together with the
charges and findings thereon, shall be filed in the office of the
clerk for each city and county in the authority.
SECTION 6. { + Notwithstanding ORS 456.095 (1)(b) or (2), the
initial term of office for a commissioner originally appointed to
a position created pursuant to the amendments to ORS 456.095
(1)(b) or (2) by section 3 of this 2001 Act may be adjusted to
minimize the number of commission terms expiring in the same
year. + }
SECTION 7. { + The deletion of the term 'board' by the
amendments to ORS 456.095 in section 3 of this 2001 Act is not
intended to require a name change for any body exercising the
powers of a housing authority or the title of any person holding
office in such a body. The deletion of the term 'board' by the
amendments to ORS 456.095 in section 3 of this 2001 Act does not
affect the functions, duties or powers of a body exercising the
powers of a housing authority, or the functions, duties and
powers of any member or officer of that body, whether designated
as a board, commission or otherwise. + }
SECTION 8. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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