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 2644
 
                           A-Engrossed
 
                         Senate Bill 457
                 Ordered by the Senate April 23
           Including Senate Amendments dated April 23
 
Sponsored by Senator DEVLIN; Representative MILLER
 
 
                             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.
 
  Modifies number of signatures required on petition to request
municipal audit.   { - Upon receipt of petition, directs
Secretary of State to determine whether municipal audit is
required. - }
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to municipal audits; creating new provisions; amending
  ORS 297.445; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 297.445 is amended to read:
  297.445. (1) ORS 297.435   { - shall - }   { + does + } not
apply to a municipal corporation for any calendar or fiscal year
if a petition requesting an audit, signed by   { - 10 - }
residents of the municipal corporation who are subject to taxes,
fees, assessments or other charges levied by the municipal
corporation, is filed with the Secretary of State within six
months of the end of the fiscal year for which the audit is
requested.  { + In a municipal corporation with a population of
150 or less, the petition must be signed by at least 10
residents. In a municipal corporation with a population of more
than 150, the petition must be signed by at least 30 residents.
  (2) + } The Secretary of State shall give notice of the
petition to the governing body of the municipal corporation
within 10 days of its receipt. Upon receipt of notice of the
petition from the Secretary of State, the governing body or
managing or executive officer of the municipal corporation shall
immediately comply with the provisions of ORS 297.425. If a copy
of a signed contract between the governing body or managing or
executive officer and an accountant, or a duly authorized
ordinance or resolution requesting an audit by the Secretary of
State, is not received within 30 days of the dispatch of notice
of petition, the Secretary of State shall cause an audit and
review to be made of the accounts and fiscal affairs of the
municipal corporation designated in the petition.
    { - (2) - }   { + (3) + } The costs incurred by the Secretary
of State in making the audit and review shall be borne by the
municipal corporation, and shall be paid to the Secretary of
State in the same manner as other claims against the municipal
corporation.
  SECTION 2.  { + The amendments to ORS 297.445 by section 1 of
this 2003 Act apply to petitions received on or after the
effective date of this 2003 Act. + }
  SECTION 3.  { + 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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