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 1343
A-Engrossed
Senate Bill 448
Ordered by the Senate May 1
Including Senate Amendments dated May 1
Sponsored by Senators FERRIOLI, NELSON, Representatives BUTLER, G
SMITH; Senators MESSERLE, MORSE, Representative MABREY
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.
Establishes Rural Policy Advisory Committee and Office for
Rural Policy. Specifies membership of committee. Directs
committee to study and make recommendations to Governor and
Legislative Assembly on issues of special interest to rural
Oregon. { + Defines different types of rural areas. + }
Specifies duties of office. Directs office to coordinate
formulation of rural policy for state. Directs Governor to
appoint Director of Office for Rural Policy. Specifies
qualifications of director.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to rural policy; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) As used in this section:
(A) 'Community' has the meaning given that term in ORS
285A.010.
(B) 'Frontier rural area' means a geographic area that is at
least 75 miles by road from a community of 2,000 individuals and
that is characterized by:
(i) An absence of densely populated areas;
(ii) Small, discrete communities;
(iii) Local businesses of long standing;
(iv) Individuals' working in their communities rather than
commuting to work in larger communities;
(v) An economy dominated by natural resources and agricultural
activities;
(vi) Few paved streets and roads;
(vii) Few health care services being available, with services
that are available often provided by rural health clinics; and
(viii) Readily available land for development.
(C) 'Isolated rural area' means a geographic area that is at
least 100 miles by road from a community of 3,000 individuals and
that is characterized by:
(i) Dispersed communities;
(ii) A population density of fewer than five individuals per
square mile;
(iii) An economy of natural resources and agricultural
activities;
(iv) Much of the land being owned by the state or the United
States;
(v) Most streets and roads being unpaved; and
(vi) Health care services being available only in a county's
largest community.
(D) 'Rural area' means a geographic area that is at least 30
miles by road from an urban community and that is characterized
by:
(i) Some individuals commuting to an urban community to work;
(ii) Individuals in the area not identifying the area with an
urban community;
(iii) Some commercial businesses;
(iv) Two or fewer densely populated areas in a county;
(v) An economy beginning to change from being dominated by
natural resources and agricultural activities;
(vi) Some paved streets and roads;
(vii) Limited expansion of an urban community into the area;
and
(viii) Reasonable, but not immediate, access to health care
services.
(E) 'Urban-rural area' means a geographic area that is at least
10 miles by road from an urban community and that is
characterized by:
(i) Many individuals commuting to an urban area to work or
shop;
(ii) Expansion of an urban community into the area;
(iii) The area's losing an identity separate from an urban
community;
(iv) An economy with few natural resources and agricultural
activities;
(v) Counties with greater population densities than counties in
rural areas;
(vi) Approximately three-quarters of streets and roads being
paved; and
(vii) Easy and immediate access to health care services.
(b) As used in this section and sections 9, 10 and 15 of this
2003 Act, 'rural Oregon' means the frontier rural areas, isolated
rural areas, rural areas and urban-rural areas in the State of
Oregon.
(2) There is established a Rural Policy Advisory Committee
consisting of the following members:
(a) 15 members appointed by the Governor;
(b) Two Senators appointed by the President of the Senate; and
(c) Two Representatives appointed by the Speaker of the House
of Representatives.
(3)(a) The term of office of each member appointed by the
Governor is two years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on January
31 next following. A member is eligible for reappointment once.
(b) Each legislative member serves at the pleasure of the
appointing authority and may serve as long as the member remains
in the chamber of the Legislative Assembly from which the member
was appointed.
(4) A member appointed by the Governor must be a resident of
rural Oregon at the time of appointment and have been a resident
of rural Oregon for one year immediately preceding appointment.
(5) Members appointed by the Governor shall be appointed so
that the committee:
(a) Is well distributed among frontier rural areas, isolated
rural areas, rural areas and urban-rural areas; and
(b) Represents the issues that are of special interest to the
different types of rural areas that comprise rural Oregon,
including but not limited to agriculture, communications,
economic development, education, finance, fish and wildlife,
health care, land use, natural resources, transportation and
water.
(6) Members appointed by the legislative appointing authorities
shall serve as liaisons between the committee and the members'
chambers for the issues described in subsection (5)(b) of this
section. + }
SECTION 2. { + (1) Notwithstanding the term of office
specified in section 1 of this 2003 Act, of the members first
appointed by the Governor to the Rural Policy Advisory Committee:
(a) Eight shall serve for a term ending January 31, 2005.
(b) Seven shall serve for a term ending January 31, 2006.
(2) The Governor shall determine which eight members will serve
for terms ending in 2005. + }
SECTION 3. { + A member of the Rural Policy Advisory Committee
appointed by the Governor:
(1) Serves until an individual is appointed, confirmed and
qualified to replace the member.
(2) Is removed from and ineligible to serve on the committee if
the Senate fails to confirm the member's reappointment to the
committee. + }
SECTION 4. { + A member of the Rural Policy Advisory Committee
appointed by the Governor is subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565. + }
SECTION 5. { + (1) A member of the Rural Policy Advisory
Committee appointed by the Governor is entitled to compensation
and expenses in the manner and amounts provided in ORS 292.495.
Claims for compensation and expenses incurred in performing the
functions of the committee shall be paid out of funds
appropriated to the Office for Rural Policy for that purpose.
(2) Legislative members of the committee are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly. + }
SECTION 6. { + The Rural Policy Advisory Committee shall meet
at least once every three months at a place, day and hour
determined by the committee. The committee shall also meet at
other times and places specified by the call of the chair or of a
majority of the members of the committee. + }
SECTION 7. { + (1) The Rural Policy Advisory Committee shall
select one of its members as chair and another as vice chair, for
the terms and with duties and powers necessary for the
performance of the offices as the committee determines.
(2) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(3) The committee shall adopt rules for the conduct of the
committee's meetings. + }
SECTION 8. { + (1) The Office for Rural Policy shall provide
staff support and administrative services for the Rural Policy
Advisory Committee as needed by the committee.
(2) All agencies of state government, as defined in ORS
174.111, are directed to assist the committee in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish the information and advice that the
members of the committee consider necessary to perform their
duties. + }
SECTION 9. { + The Rural Policy Advisory Committee shall:
(1) Study and make recommendations to the Governor and the
Legislative Assembly on issues that are of special interest to
the different types of rural areas that comprise rural Oregon.
(2) Report biennially to the Governor and to the Legislative
Assembly in the manner provided in ORS 192.245. The report shall
include the activities and the results of any studies conducted
by the committee. The committee may make any recommendations for
legislative change that the committee considers necessary. + }
SECTION 10. { + (1) The Office for Rural Policy is established
in the office of the Governor. The Governor shall locate the
Office for Rural Policy in the office of the Governor.
(2) The Office for Rural Policy shall coordinate the
formulation of rural policy for the state. Through research,
promotion and coordination of activities in this state, the
office shall foster and represent the interests of the different
types of rural areas that comprise rural Oregon.
(3) The duties of the Office for Rural Policy include:
(a) Serving as a forum for the collection and dissemination of
information about issues that are of special interest to the
different types of rural areas that comprise rural Oregon.
(b) Serving as a liaison between elected officials in rural
Oregon and the Governor and Legislative Assembly.
(c) Educating members of the Legislative Assembly about issues
that are of special interest to the different types of rural
areas that comprise rural Oregon.
(d) Evaluating the effects of state policies on the different
types of rural areas that comprise rural Oregon and reporting
those effects to the Governor, Legislative Assembly and Rural
Policy Advisory Committee.
(e) When state administrative rules impose special hardships on
residents of rural Oregon, providing ombudsman services to the
residents. + }
SECTION 11. { + (1) The Office for Rural Policy may accept
contributions of funds and assistance from the United States
Government or its agencies or from any other source, public or
private, and agree to conditions placed on the funds not
inconsistent with the purposes of sections 1 to 16 of this 2003
Act.
(2) All funds received by the office under this section shall
be paid into the Office for Rural Policy Fund established by
section 13 of this 2003 Act. The funds are appropriated
continuously to the office for the purposes of carrying out the
provisions of sections 1 to 16 of this 2003 Act. + }
SECTION 12. { + There is appropriated to the Office for Rural
Policy, for the biennium beginning July 1, 2003, out of the
General Fund, the amount of $___ for the purposes of carrying out
the provisions of sections 1 to 16 of this 2003 Act. + }
SECTION 13. { + There is established in the State Treasury,
separate and apart from the General Fund, the Office for Rural
Policy Fund. The fund shall consist of:
(1) Moneys appropriated to the Office for Rural Policy under
section 12 of this 2003 Act; and
(2) Moneys received by the office under section 11 of this 2003
Act. + }
SECTION 14. { + (1) The Office for Rural Policy is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the office.
(2) The Governor shall appoint the Director of the Office for
Rural Policy, who holds office at the pleasure of the Governor.
(3) The director shall be paid a salary as provided by law or,
if not provided by law, as prescribed by the Governor.
(4) For purposes of administration, subject to approval of the
Governor, the director may organize and reorganize the office as
the director considers necessary to properly conduct the work of
the office.
(5) Subject to the applicable provisions of ORS chapter 240,
the director shall appoint all subordinate officers and employees
of the office, prescribe their duties and fix their compensation.
(6) Notwithstanding subsection (5) of this section, the
director shall assign one employee of the office to serve as
liaison between the office and the Rural Policy Advisory
Committee. + }
SECTION 15. { + (1) The Governor shall appoint the Director of
the Office for Rural Policy from among the individuals
recommended by the Rural Policy Advisory Committee.
(2) The director must be an individual with a thorough working
knowledge of issues that are of special interest to the different
types of rural areas that comprise rural Oregon, including but
not limited to agriculture, communications, economic development,
education, finance, fish and wildlife, health care, land use,
natural resources, transportation and water. + }
SECTION 16. { + The appointment of the Director of the Office
for Rural Policy is subject to confirmation by the Senate in the
manner prescribed in ORS 171.562 and 171.565. + }
SECTION 17. { + 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
July 1, 2003. + }
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