72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3026
Sponsored by Representative SHETTERLY (at the request of Polk
County Fair Board, Polk County Board of Commissioners)
CHAPTER ................
AN ACT
Relating to county fair boards; amending ORS 565.265.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 565.265 is amended to read:
565.265. (1) As provided in this section and ORS 565.268 and
565.271, a county court may abolish the county fair board
appointed under ORS 565.210.
(2) A county court may initiate proceedings to abolish the
county fair board by issuing an order creating a county fair
advisory committee with six members who shall all be residents of
the county. Upon issuance of the order under this subsection, the
county court shall appoint three members to the advisory
committee and the county fair board shall appoint three members.
The advisory committee shall consider the relevant issues and
make recommendations concerning the abolition of the county fair
board and, if abolition is recommended, the future operation of
the county fair by either a fair association or a fair district.
If a majority of the advisory committee agrees that abolishing
the county fair board is in the best interests of the residents
of the county, the advisory committee shall recommend abolition
of the county fair board. If the advisory committee recommends
abolition of the county fair board, the county court and the
county fair board may meet to consult and negotiate concerning
the future operation of the county fair and fairgrounds. If the
county court and the county fair board agree that it is in the
best interests of the residents of the county to have a fair
association or fair district replace the county fair board, the
county court may adopt a resolution that expresses the intention
of the county court to abolish the county fair board, sets forth
the reasons for the intended action, states that either a fair
association or a fair district will replace the county fair board
and declares that the abolition of the county fair board is in
the best interests of the residents of the county.
(3) A resolution adopted by a county court under subsection (2)
of this section must be accompanied by a resolution adopted by
the county fair board that acknowledges the proposed action of
the county court and declares that abolition of the county fair
board is in the best interests of the residents of the county.
The resolution adopted by a county fair board under this
subsection must be adopted at a regular public meeting of the
county fair board and filed with the county court.
Enrolled House Bill 3026 (HB 3026-INTRO) Page 1
(4) After adoption of the resolutions described in subsections
(2) and (3) of this section, the county court shall conduct a
public hearing concerning the abolition of the county fair board
at which testimony of interested persons and other evidence shall
be received.
(5) Notice of the public hearing required by subsection (4) of
this section shall be published twice in at least two newspapers
of general circulation in the county. The first notice shall be
published between the 90th day and the 60th day before the
hearing. The second notice shall be published between the 30th
day and the 20th day before the hearing.
(6) After the public hearing required by subsection (4) of this
section, the county court shall consider the testimony given and
the other evidence received at the hearing. If the county court
determines that abolishing the county fair board is in the best
interests of the residents of the county, the county court shall
issue an order abolishing the county fair board and authorizing
either the creation of a fair district or an agreement with a
fair association for the purpose of managing and operating the
county fair. The abolition of the county fair board shall be
effective on the date specified in the order.
{ - (7) This section applies only to a county having a
population exceeding 400,000 but not exceeding 600,000, according
to the most recent annual estimate of population under ORS
190.510 to 190.610. - }
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Passed by House March 26, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 18, 2003
...........................................................
President of Senate
Enrolled House Bill 3026 (HB 3026-INTRO) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3026 (HB 3026-INTRO) Page 3