Chapter 284 Oregon Laws 2003

AN ACT

HB 3194

Relating to boards of directors of cemetery maintenance districts; creating new provisions; and amending ORS 265.050 and 265.100.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 265.050 is amended to read:

265.050. (1) The power and authority given a cemetery maintenance district [except as otherwise provided] shall be exercised by and through a board of [three] directors, each [of whom] member of which shall be an elector of the district.

(2) The electors of a district may elect a board of three directors or five directors.

(3) Except as provided by ORS 265.100, each director shall be elected to serve for a term of four years.

[(2)] (4) The board of directors shall fill any vacancy on the board as provided in ORS 198.320.

SECTION 2. ORS 265.100 is amended to read:

265.100. (1) Within 10 days after issuance of their certificates of election, the [three] directors elected as the first board of a district shall meet and organize by first taking and subscribing an oath of office to the effect that they will discharge faithfully the duties of their office to the best of their ability. They first shall determine by lot the length of term each shall hold.

(2) If the district has first elected a board of three directors, the term of one director shall expire on June 30 next following the first regular district election[.] and the terms of two directors shall expire on June 30 next following the second regular district election.

(3) If the district has first elected a board of five directors, the term of two directors shall expire on June 30 next following the first regular district election and the terms of three directors shall expire on June 30 next following the second regular district election.

SECTION 3. Section 4 of this 2003 Act is added to and made a part of ORS chapter 265.

SECTION 4. (1) At a meeting of the board of directors of a cemetery maintenance district, the board may change the number of directors to be elected to the board by a motion approved by an affirmative vote of a majority of the board.

(2) If the board votes to change the number of directors to be elected to the board, the board shall notify the county clerk of the county in which the petition to form the district was filed and the Secretary of State within 30 days of taking action.

(3) If the board votes to increase the number of directors from three to five, two new directors shall be elected at the next regular district election. The board shall specify the term of office of the new directors to maintain the election schedule for a five-member board as specified in ORS 265.100.

(4) If the board votes to decrease the number of directors from five to three, the board shall determine which director positions will be eliminated. A person serving as a director in a position to be eliminated may complete the person’s term. The director positions that are eliminated may not be placed on the ballot at a subsequent district election.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

__________