Chapter 239
AN ACT
SB 417
Relating to boundary commissions; creating new provisions; amending ORS
183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263; repealing ORS
199.425, 199.458 and 199.459; and appropriating money.
Be It Enacted by the People of
the State of
SECTION 1. (1)
The local government boundary commission having jurisdiction in
(2) All the duties,
functions and powers of the commission are abolished.
SECTION 2. (1)
The members of the local government boundary commission having jurisdiction in
(a) Deliver to the State
Archivist all records within the jurisdiction of the commission that relate to
the duties, functions and powers abolished by section 1 of this 2007 Act except
as provided in section 4 of this 2007 Act; and
(b) Terminate those
employees engaged primarily in the exercise of the duties, functions and powers
abolished by section 1 of this 2007 Act.
(2) The State Archivist
shall take possession of the records described in subsection (1)(a) of this
section for archival purposes.
(3) The Governor shall
resolve any dispute between the commission and the State Archivist relating to
transfers of records.
SECTION 3. (1)
The
(2) The unexpended
moneys in the fund and the unexpended balances of amounts authorized to be
expended by the local government boundary commission having jurisdiction in
Lane County for the biennium beginning July 1, 2007, from revenues dedicated,
continuously appropriated, appropriated or otherwise made available for the
purpose of administering and enforcing the duties, functions and powers
abolished by section 1 of this 2007 Act are appropriated and transferred to
Lane County for:
(a) Payment of costs
incurred in relation to an action, proceeding or prosecution described in
section 4 of this 2007 Act or a liability, duty or obligation described in
section 5 of this 2007 Act; and
(b) Equitable
distribution to local governments, as defined in ORS 174.116, within Lane
County in the manner in which service charges were assessed and collected from
cities, counties and districts within the jurisdiction of the local government
boundary commission, for the purpose of paying the costs of those local
governments that are associated with future boundary changes.
(3) If the unexpended
moneys described in subsection (2) of this section are not adequate to make the
payments required by subsection (2)(a) of this section, Lane County may assess
and collect charges from cities, counties and districts within the jurisdiction
of the local government boundary commission in the manner described in ORS
199.457 to make the payments.
(4) The expenditure
classifications, if any, established by Acts authorizing or limiting
expenditures by the commission remain applicable to expenditures by a local
government in
SECTION 4. (1)
The abolishment of the duties, functions and powers of the local government
boundary commission having jurisdiction in Lane County by section 1 of this
2007 Act does not affect any action, proceeding or prosecution involving or
with respect to those duties, functions and powers begun before and pending at
the time of abolishment, except that:
(a) The appropriate city
is substituted for the commission in an action, proceeding or prosecution
relating to a change in the boundary of that city; and
(b)
(2) The members of the
commission shall deliver to:
(a) The appropriate city
within Lane County all records and property within the jurisdiction of the
commission that relate to a pending action, proceeding or prosecution relating
to a change in the boundary of that city; and
(b)
(3) The commission shall
dispose of or deliver all other property, or proceeds of the disposal of the
property, to
SECTION 5. (1)
Nothing in sections 1 to 6 of this 2007 Act, the amendments to ORS 183.315,
183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of
this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15
of this 2007 Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers abolished by section
1 of this 2007 Act. Lane County may undertake the collection or enforcement of
the liabilities, duties or obligations.
(2) The rights and
obligations of the local government boundary commission having jurisdiction in
Lane County legally incurred under contracts, leases and business transactions
executed, entered into or begun before the operative date of section 1 of this
2007 Act are transferred to Lane County. For the purpose of succession to these
rights and obligations,
SECTION 6. Whenever,
in an uncodified law or resolution of the Legislative Assembly or in a rule,
document, record or proceeding authorized by the Legislative Assembly,
reference is made to the local government boundary commission having
jurisdiction in Lane County or a member or employee of the commission, the
reference is considered to be, as appropriate, a reference to Lane County or an
officer or employee of Lane County, or a city within Lane County or an officer
or employee of the city.
SECTION 7. On
and after January 2, 2008, a boundary change, as defined in ORS 199.415, must
be processed as provided in the appropriate provisions of ORS chapters 195,
198, 221 or 222.
SECTION 8.
ORS 183.315 is amended to read:
183.315. (1) The
provisions of ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.452,
183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary
commissions created pursuant to ORS [199.425
or] 199.430, the Department of Revenue, State Accident Insurance Fund
Corporation, Department of Consumer and Business Services with respect to its
functions under ORS chapters 654 and 656, Psychiatric Security Review Board or
State Board of Parole and Post-Prison Supervision.
(2) This chapter does
not apply with respect to actions of the Governor authorized under ORS chapter
240 and ORS 396.125 or actions of the Adjutant General authorized under ORS
396.160 (14).
(3) The provisions of
ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.452, 183.458 and 183.460
do not apply to the Employment Appeals Board or the Employment Department.
(4) The Employment
Department shall be exempt from the provisions of this chapter to the extent
that a formal finding of the United States Secretary of Labor is made that such
provision conflicts with the terms of the federal law, acceptance of which by
the state is a condition precedent to continued certification by the United
States Secretary of Labor of the state’s law.
(5) The provisions of
ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to
183.500 do not apply to orders issued to persons who:
(a) Have been committed
pursuant to ORS 137.124 to the custody of the Department of Corrections or are
otherwise confined in a Department of Corrections facility; or
(b) Seek to visit an
inmate confined in a Department of Corrections facility.
(6) ORS 183.410,
183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.482 (3) do not
apply to the Public Utility Commission. Notwithstanding ORS 183.480 and except
as provided in ORS 757.495 and 759.390, only a party to a hearing before the
Public Utility Commission is entitled to seek judicial review of an order of
the commission.
(7) The provisions of
this chapter do not apply to the suspension, cancellation or termination of an
apprenticeship or training agreement under ORS 660.060.
(8) The provisions of
ORS 183.413 to 183.497 do not apply to administrative proceedings conducted
under rules adopted by the Secretary of State under ORS 246.190.
SECTION 9.
ORS 183.635 is amended to read:
183.635. (1) Except as
provided in this section, all agencies must use administrative law judges
assigned from the Office of Administrative Hearings established under ORS
183.605 to conduct contested case hearings, without regard to whether those
hearings are subject to the procedural requirements for contested case
hearings.
(2) The following
agencies need not use administrative law judges assigned from the office:
(a) Attorney General.
(b) Boards of stewards
appointed by the Oregon Racing Commission.
(c) Bureau of Labor and
Industries and the Commissioner of the Bureau of Labor and Industries.
(d) Department of
Corrections.
(e) Department of
Education, State Board of Education and Superintendent of Public Instruction.
(f) Department of Higher
Education and institutions of higher education listed in ORS 352.002.
(g) Department of Human
Services for vocational rehabilitation services cases under 29 U.S.C. 722(c)
and disability determination cases under 42 U.S.C. 405.
(h) Department of
Revenue.
(i) Department of State
Police.
(j) Employment Appeals
Board.
(k) Employment Relations
Board.
(L) Energy Facility Siting
Council.
(m) Fair Dismissal
Appeals Board.
(n) Governor.
(o) Land Conservation
and Development Commission.
(p) Land Use Board of
Appeals.
(q) Local government
boundary commissions created pursuant to ORS [199.425 or] 199.430.
(r) Oregon Youth Authority.
(s) Psychiatric Security
Review Board.
(t) Public Utility
Commission.
(u) Secretary of State.
(v) State Accident
Insurance Fund Corporation.
(w) State Apprenticeship
and Training Council.
(x) State Board of
Parole and Post-Prison Supervision.
(y)
(z) State Treasurer.
(aa) Wage and Hour
Commission.
(3) The Workers’
Compensation Board is exempt from using administrative law judges assigned from
the office for any hearing conducted by the board under ORS chapters 147, 654
and 656. Except as specifically provided in this subsection, the Department of
Consumer and Business Services must use administrative law judges assigned from
the office only for contested cases arising out of the department’s powers and
duties under:
(a) ORS chapter 59;
(b) ORS 200.005 to
200.075;
(c) ORS chapter 455;
(d) ORS chapter 674;
(e) ORS chapters 706 to
716;
(f) ORS chapter 717;
(g) ORS chapters 722,
723, 725 and 726; and
(h) ORS chapters 731,
732, 733, 734, 735, 737, 742, 743, 744, 746, 748 and 750.
(4) Notwithstanding any
other provision of law, in any proceeding in which an agency is required to use
an administrative law judge assigned from the office, an officer or employee of
the agency may not conduct the hearing on behalf of the agency.
(5) Notwithstanding any
other provision of ORS 183.600 to 183.690, an agency is not required to use an
administrative law judge assigned from the office if:
(a) Federal law requires
that a different administrative law judge or hearing officer be used; or
(b) Use of an
administrative law judge from the office could result in a loss of federal
funds.
(6) Notwithstanding any
other provision of this section, the Department of Environmental Quality must
use administrative law judges assigned from the office only for contested case
hearings conducted under the provisions of ORS 183.413 to 183.470.
SECTION 10.
ORS 199.430 is amended to read:
199.430. (1) [Outside the areas described in ORS 199.425,]
A boundary commission may be created as provided by this section with
territorial jurisdiction in one county or in two or more contiguous counties. A
commission may be created by:
(a) Similar resolutions
creating a commission adopted by the county board of each of the counties
within the jurisdiction of the commission; or
(b) Similar petitions,
signed by the electors of each county within the jurisdiction of the proposed
commission, requesting the creation of a commission having jurisdiction within
the counties, filed with and approved by order of the county boards of each
county in the jurisdiction of the commission.
(2) Each petition filed
with a county board requesting creation of a boundary commission shall be
signed by not less than 10 percent of the registered electors of the county.
The petition shall be approved by the county board if it finds that the needs
of the local government units in the territory described in the petition and
the public interest would be benefited by the establishment of a boundary
commission to carry out the purposes described by ORS 199.410.
(3) A resolution
creating or an order approving the creation of a boundary commission is
effective on:
(a) The date the last
county board in the jurisdiction of the commission adopts the resolution or
order; or
(b) The date specified in
the order, or resolution, but not more than 60 days after the adoption of the
resolution or order.
(4) When a commission is
created under this section, copies of the resolutions or orders of the county
boards shall be filed with the Governor, the Secretary of State, and the county
clerk and the assessor of each county within the jurisdiction of the
commission.
(5) A commission created
as provided by this section shall not have jurisdiction of any proceeding
initiated prior to the effective date of the resolution or order creating such
commission.
SECTION 11.
ORS 199.432 is amended to read:
199.432. (1) A boundary
commission created under ORS [199.425 or]
199.430 may sue and be sued, enter into contracts and perform such other
actions as may be necessary to carry out the provisions of ORS 199.410 to
199.534.
(2) A boundary
commission is a state agency as defined in ORS 291.002 and is not subject to
the provisions of ORS 291.201 to 291.226, 291.230 to 291.260, 291.371, 291.373,
291.375 or 291.385.
(3) A boundary
commission employing personnel under ORS 199.455 shall provide employee
benefits provided to state management service employees.
SECTION 12.
ORS 199.457 is amended to read:
199.457. (1) Any county
located within the jurisdiction of a boundary commission may levy taxes and
expend funds for the purposes of ORS 199.410 to 199.534.
(2) A boundary
commission may accept any funds, property or services, or the use of any
property donated by any person, district, city or county in carrying out the purposes
of ORS 199.410 to 199.534.
(3) A boundary
commission, with the approval of the advisory committee appointed under ORS
199.450, may establish and collect reasonable service charges from persons,
cities, the county or counties and special districts within its jurisdiction to
defray the costs of operating the commission and carrying out the purposes of
ORS 199.410 to 199.534. Such charges shall include, but not be limited to, fees
for filing a petition or resolution for a boundary change with the commission.
(4) In addition to any
service charges established under subsection (3) of this section, a boundary
commission may determine it is necessary to charge cities and counties within
its jurisdiction for services and activities carried out under ORS 199.410 to
199.534. If the commission determines that it is necessary to charge cities and
counties within its jurisdiction for any fiscal year, the commission shall
determine, with the approval of the advisory committee appointed under ORS
199.450, the total amount to be charged and shall assess each city and county
with the portion of the total amount as the population of the portion of the
city or county within the jurisdiction of the commission bears to the total
population of the area within the jurisdiction of the commission. For the
purposes of this subsection, the population of a county does not include the
population of any city situated within the boundaries of that county. [An assessment made under this subsection
shall not exceed 21 cents per capita per year for a boundary commission created
pursuant to ORS 199.425.]
(5) In addition to any
service charges, established under subsection (3) of this section, a boundary
commission may determine it is necessary to charge districts within its
jurisdiction for services and activities carried out under ORS 199.410 to
199.534. If the commission determines that it is necessary to charge districts
within its jurisdiction for any fiscal year, the commission shall determine,
with the approval of the advisory committee appointed under ORS 199.450, the
total amount to be charged and shall assess each district with the portion of
the total amount as the assessed valuation of the district within the
jurisdiction of the commission bears to the total assessed valuation of all
districts within the jurisdiction of the commission. [For purposes of this subsection, the assessed valuation of inactive or
nonfunctioning districts shall not be included in the total assessed valuation
of all districts and such districts shall not be assessed. For a boundary
commission created pursuant to ORS 199.425 any district with an assessed
valuation over $1 billion shall be assessed a flat rate of $2,500 per year and
such district’s assessed valuation shall not be included in the total assessed
valuation of all districts within the jurisdiction of the commission. An
assessment made under this subsection shall not exceed 0.00878 dollars per
thousand dollars of assessed valuation per year for a boundary commission
created pursuant to ORS 199.425.] However, assessments shall not be made by
a boundary commission under this subsection against a highway lighting district
organized under ORS chapter 372, a vector control district organized under ORS
chapter 452 or a county service district organized under ORS chapter 451 for
the purpose of providing street lighting works or vector control.
(6) For each fiscal year
beginning on or after July 1, 1982, the commission shall notify each city,
county or district governing body of its intent to levy an assessment under
this section and the amount of the assessment for each city, county and
district at least 120 days before the beginning of the fiscal year for which
the assessment will be made.
(7) The decision of the
commission to assess the cities, counties and districts within its
jurisdiction, and the amount of the assessment upon each, shall be binding upon
those governmental bodies. Cities, counties and districts shall pay their
assessment in equal quarterly payments as the commission may require except
that any city or district with a total annual assessment of less than $100
shall pay the total assessment in one installment at the time specified for the
second quarterly payment.
(8) When a city or
district located in a county outside the jurisdiction of a boundary commission
annexes or otherwise incorporates territory located within the jurisdiction of
a boundary commission, the boundary commission shall assess the city or
district with the portion of the total amount determined under subsection (4) or
(5) of this section as the assessed valuation of the territory of the city or
district within the jurisdiction of the boundary commission bears to the total
assessed valuation of the entire city or district.
SECTION 13.
ORS 267.207 is amended to read:
267.207. (1) The board
of directors of a mass transit district may alter the territorial boundaries of
the district by a nonemergency ordinance adopted at any regular meeting.
(2) If an ordinance
annexing territory to a district is initiated or referred by, or referred to,
the electors of the district, it shall not take effect unless approved by a
majority of the electors registered in the territory proposed to be annexed to
the district voting on the question and by a majority of the electors of the district
voting on the question.
(3)(a) The board of
directors of a mass transit district, as a result of the continuing
comprehensive transportation planning process required by the Federal Transit
Administration, shall determine annually the territory in the district within
which the transit system of the district will operate. When the board
determines during such planning process for any fiscal year that it will not
provide transit service during that fiscal year to an area presently within the
district, the board shall by ordinance withdraw from that area on the date
specified in the ordinance, and that area shall no longer be part of the
district. The board shall by ordinance set forth the criteria to be used in
making the determinations described in this subsection.
(b) Subject to paragraph
(a) of this subsection, the territorial jurisdiction of a district shall
include:
(A) All territory
located within the boundaries of a metropolitan service district;
(B) Each census tract
within which the transit system of the district operates, or such smaller
portion of the tract as determined by the board; and
(C) If so determined by
the board of directors, any territory located within two and one-half miles or
less of the transit system of the district or any route used by that system for
the transportation of passengers.
(4) If an ordinance
withdrawing territory from a district is initiated or referred by, or referred
to, the electors of the district it shall not take effect unless approved by a
majority of the electors of the entire district voting on the question.
(5) [Notwithstanding ORS 199.425,] The
alteration of the boundaries of a district under this section [shall not be] is not subject to
the jurisdiction or review of a local government boundary commission.
SECTION 14.
ORS 267.263 is amended to read:
267.263. [Notwithstanding ORS 199.425,] The
alteration of the boundaries of a district under ORS 267.250 to 267.263 is not
subject to the jurisdiction or review of a local government boundary
commission.
SECTION 15. ORS
199.425, 199.458 and 199.459 are repealed.
SECTION 16. (1)
Sections 1, 3, 5 and 6 of this 2007 Act, the amendments to ORS 183.315,
183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of
this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15
of this 2007 Act become operative on July 1, 2008.
(2) Lane County, cities
within Lane County and the local government boundary commission having
jurisdiction in Lane County may take any action necessary under sections 2, 4
and 7 of this 2007 Act before the operative date of sections 1, 3, 5 and 6 of
this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432,
199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the
repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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