72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1444
 
                           A-Engrossed
 
                         House Bill 2581
                  Ordered by the House April 22
            Including House Amendments dated April 22
 
Sponsored by Representatives ACKERMAN, FARR; Representatives
  ANDERSON, BEYER, GARRARD, KRUMMEL, MABREY, TOMEI, VERGER
 
 
                             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.
 
  Allows governing body to commence proceeding in circuit court
to determine regularity and legality of certain actions of
governing body.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to judicial proceedings involving actions by governing
  body; amending ORS 33.710; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 33.710 is amended to read:
  33.710. (1) As used in ORS 33.710 and 33.720, unless the
context requires otherwise:
  (a) 'Governing body' means the city council, board of
commissioners, board of directors, county court or other managing
board of a municipal corporation including a board managing a
municipally owned public utility or a dock commission.
  (b) 'Municipal corporation' means any county, city, port,
school district, union high school district, community college
district and all other public or quasi-public corporations
including a municipal utility or dock commission operated by a
separate board or commission.
  (2) The governing body may commence a proceeding in the circuit
court of the county in which the municipal corporation or the
greater part thereof is located, for the purpose of having a
judicial examination and judgment of the court as to the
regularity and legality of:
  (a) The proceedings in connection with the establishment or
creation of the municipal corporation, including any action or
proceedings proclaiming the creation of the municipal corporation
or declaring the result of any election therein.
  (b) The proceedings of the governing body and of the municipal
corporation providing for and authorizing the issue and sale of
bonds of the municipal corporation, whether the bonds or any of
them have or have not been sold or disposed of.
  (c) Any order of the governing body levying a tax.
  (d) The authorization of any contract and as to the validity of
the contract, whether or not it has been executed.
   { +  (e) Any decision of the governing body that raises novel
or important legal issues that would be efficiently and
effectively resolved by a proceeding before the decision becomes
effective, when the decision will:
  (A) Require a significant expenditure of public funds;
  (B) Significantly affect the lives or businesses of a
significant number of persons within the boundaries of the
governing body; or
  (C) Indirectly impose a significant financial burden on the
cost of conducting business within the boundaries of the
governing body.
  (f) The authority of the governing body to enact any ordinance,
resolution or regulation.
  (g) Any ordinance, resolution or regulation enacted by the
governing body, including the constitutionality of the ordinance,
resolution or regulation. + }
  (3) All proceedings of the municipal corporation may be
judicially examined and determined in one special proceeding, or
any part thereof may be separately examined and determined by the
court.
  SECTION 2.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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