Chapter 690
AN ACT
HB 3466
Relating to conservation districts; creating new provisions; and
amending ORS 568.520, 568.530, 568.540, 568.545, 568.560 and 568.565.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 568.520 is amended to read:
568.520. (1) Within 30
days after the hearings on creation or consolidation of districts as provided
in ORS 568.300 and 568.450, but not later than a date set by the State
Department of Agriculture, nominating petitions may be filed with the
department to nominate candidates for directors of such district. [Notwithstanding the provisions of ORS
chapter 255, the provisions of ORS 568.530, 568.540, 568.545, 568.560 and this
section apply to the election of directors of a district.]
(2) A regular election
shall be held in each district on the first Tuesday following the first Monday
of November in each even-numbered year for the purpose of electing directors to
succeed those whose terms expire the following January. Nominating petitions of
candidates for director to be voted for at a general district election shall be
filed with the department no later than a date set by the department.
(3) The department may
extend the time within which nominating petitions may be filed.
(4) [No such nominating petition shall be
accepted by the department,] The department may not accept a nominating petition
unless it is subscribed by 10 or more electors residing within the boundaries
of [such] the district.
(5) Electors residing
within the boundaries of the district may sign more than one [such] nominating petition to nominate
more than one candidate for director.
(6) To the extent of
any conflict between ORS chapter 255 and the provisions of ORS 568.530,
568.540, 568.545 and 568.560 and this section, the provisions of ORS 568.530,
568.540, 568.545 and 568.560 and this section control. Elections officers, as
defined in ORS 255.005, are not responsible for delivering, preparing or
publishing information concerning district elections. The department shall
timely distribute and collect the forms established by the Secretary of State
for updating information on members of district boards, including, but not
limited to, any forms for information concerning the district offices to be
filled or for which candidates are to be nominated or elected, or for
information concerning the candidates. The department shall timely prepare and
publish notice of the date for filing [such]
nominating petitions and the [time]
date of the election [shall be
published] in a newspaper of general circulation within the district [at least] no later than 30 days
before the final filing date. The department shall retain the
information forms and publication information for not less than four years
after the election for which the forms and publication were completed.
SECTION 2.
ORS 568.530 is amended to read:
568.530. (1) The
names of all nominees for director on behalf of whom such nominating petitions
have been filed with the State Department of Agriculture within the time designated
as provided by ORS 568.520 shall be furnished by the department to the county
clerk of the respective counties lying within the district not less than the
61st day before the date of the general election. Ballots shall be printed,
voted, counted and canvassed in conformity with the provisions of general law
relating to elections, except as otherwise provided by subsections (2) to
(4) of this section or ORS 568.210 to 568.808 and 568.900 to 568.933.
(2) If no nominee for
a position qualifies under subsection (1) of this section to have the name of
the nominee furnished to the county clerk for placement on the ballot, the
position becomes open for write-in votes on the ballot. An elector who meets
the qualifications to become a director of the district in a position for which
no candidate qualifies under subsection (1) of this section may file with the
department a declaration of intent and request for write-in votes to be
tallied. The person must file the declaration and request no later than 14 days
before the date of the election. The declaration and request must certify that
the person is legally qualified to assume the duties of director and desires
the position.
(3) Upon receipt of a
declaration and request filed under subsection (2) of this section, the
department shall take actions the department deems necessary to determine
whether the person filing the declaration and request is an elector who meets
the qualifications to become a director of the district. If the department
determines that the person is an elector who meets the qualifications, the
department shall notify the county clerk to count the write-in votes for the
person.
(4) If no nominee for a
position qualifies under subsection (1) of this section to have the name of the
nominee furnished to the county clerk for placement on the ballot and no person
filing a declaration and request for the position qualifies under subsection
(3) of this section to have the county clerk count the write-in votes for that
person, the county clerk may not count any write-in votes cast for any person
for the position. If no nominee for a position qualifies under subsection (1)
of this section to have the name of the nominee furnished to the county clerk
for placement on the ballot and no person filing a declaration and request for
the position qualifies under subsection (3) of this section to have the county
clerk count write-in votes for the person, the local governing body of the
district shall appoint a person to each position that was not filled at the election.
SECTION 3.
ORS 568.540 is amended to read:
568.540. The three
candidates nominated under ORS 568.520 who receive the largest number,
respectively, of the votes cast in the election shall be elected directors for
the district.
SECTION 4.
ORS 568.545 is amended to read:
568.545. (1)
Notwithstanding ORS 568.470, when districts are consolidated, all directors
continue to serve until directors for the consolidated district are elected as
provided in this subsection. Not later than 30 days after the date of issuance
of the certificate referred to in ORS 568.470, the boards of the districts
consolidated shall hold a joint meeting. At the joint meeting, a majority of
all the directors of all the districts affected constitute a quorum for the
transaction of business. The directors so assembled shall elect seven persons
from among their number to serve as directors of the consolidated district. The
term of office of the directors elected as provided in this subsection shall be
as provided in ORS 568.560 [(3)(c)]
(5)(c). The number of directors of a consolidated district may be reduced
to five in the manner provided in ORS 568.565.
(2) The directors
elected as provided in subsection (1) of this section shall select a
chairperson, secretary and other necessary officers and select a regular date
for the annual and other meetings.
SECTION 5.
ORS 568.560 is amended to read:
568.560. (1) The local
governing body of the district shall consist of not [less] fewer than five nor more than seven directors who are elected
or appointed as provided by law. To [insure]
ensure proper representation of all the people in the district and to
facilitate district functions, the State Department of Agriculture shall
provide for the zoning of each district, and shall provide each time directors
are elected or appointed for the proper and equitable representation for
each zone.
(2) Not more than
two [of such] directors may fill
at-large positions. At-large directors must reside within the district and be
registered voters.
(3) Zone
directors must own or manage 10 or more acres of land in the district, be
involved in the active management of the property, reside within the boundaries
of the district and be registered voters. Zone directors may either reside
within the zone that is represented or own or manage 10 or more acres within
the zone that is represented and be involved in the active management of the
property. An individual may also serve as a zone director when the individual,
in lieu of the other requirements specified in this subsection, resides within
the zone that is represented and indicates an interest in natural resource
conservation as demonstrated by serving at least one year as a director or
associate director of a district and having a conservation plan that is
approved by the district. Candidates nominated for director from a specific
zone shall be voted on by all electors within the district.
[(2)] (4) The directors shall designate a chairperson,
secretary and other officers as necessary and may, from time to time, change
such designation.
[(3)] (5) The term of office of each director shall be four
years, except that:
(a) Of the directors
first appointed under ORS 568.400, not less than one nor more than two shall
serve until January first following the first general election following their
appointment, and not less than one nor more than two shall serve until January
first following the second general election following their appointment, as
determined by the department, and thereafter, their successors shall be elected
as provided by law for other elected directors.
(b) Of the directors
elected as provided in ORS 568.540, one shall serve until January first
following the first general election, and two shall serve from the date of the
first annual election until January first following the second general
election, as determined by them by lot at the first meeting of directors after
creation or consolidation of the district.
(c) Of the directors
first elected as provided in ORS 568.545 (1), three shall serve until January
first following the first general election, and four shall serve until January
first following the second general election after the date of their election,
as determined by them by lot at the meeting referred to in ORS 568.545 (1).
(d) Of the directors
first elected as provided in ORS 568.565, three shall serve until January first
following the first general election and two shall serve until January first
following the second general election, after the date of their election, as
determined by them by lot at the meeting referred to in ORS 568.565.
[(4)] (6) A director shall hold office until a successor has
been elected or appointed, [and]
has qualified and has taken the oath of office or until the office [has been declared vacant by the department
pursuant to subsection (5)] becomes vacant under subsection (7) of
this section. Any vacancy occurring in the office of director shall be filled
as provided by [ORS 198.320] subsection
(8) of this section.
(7) A director
position becomes vacant under the following circumstances:
[(5)] (a) The department, upon the written recommendation of
a majority of the members of the local governing body of a district, [the department] may declare vacant the
position of [any] a director
who is absent from three consecutive meetings of the local governing body of
the district. A position becomes vacant under this subsection upon the
issuance of the declaration by the department.
(b) No nominee for the
position qualifies under ORS 568.530 to have the name of the nominee furnished
to the county clerk for placement on the general district election ballot and
no person qualifies under ORS 568.530 to have write-in votes counted. A
position becomes vacant under this paragraph on January 1.
(c) The department determines
that a candidate receiving the most votes at an election does not qualify under
this section to hold the position. A position becomes vacant under this
paragraph on January 1 next following the election at which the unqualified
candidate was elected unless an appointee to the position has been selected
under subsection (8) of this section.
(d) A director serving
in a position no longer qualifies under this section to hold the position. A
position becomes vacant under this paragraph upon the department’s declaration
that the person no longer qualifies for the position.
(e) A director resigns
from a position. A position becomes vacant under this paragraph upon the
department’s receiving notice of the resignation.
(f) A candidate who
received the most votes at an election, or an appointee, refuses to take the
oath of office as a director.
(8) A director position
that becomes vacant before the scheduled expiration of a term shall be filled
by appointment by a majority of the remaining directors. However, if a majority
of the director positions are vacant or if the remaining directors cannot agree
on an appointee, the department shall make an appointment to fill the position.
(9) An appointment under
subsection (8) of this section shall end on January 1 next following the first
general district election held after the appointment. If the appointment ends
under this subsection before the January 1 that would normally complete the
four-year term of office for the position, the position shall be placed on the
ballot at the next general election as provided under ORS 568.530 to fill the
position for the remainder of the four-year term.
SECTION 6.
ORS 568.565 is amended to read:
568.565. (1) Upon
the written recommendation of the local governing body of a district having
seven directors, the number of directors of such governing body may be reduced
from seven to five by holding a meeting of the governing body at which the
directors elect five persons from among their number to serve as directors of
the district. The term of office of the directors elected pursuant to this
section shall be as provided in ORS 568.560 [(3)(d)] (5)(d).
(2) Upon the written
recommendation and majority vote of the local governing body of a district
having five directors, the number of directors for the district may be
increased to seven. Notwithstanding any unexpired term of office to which a
member may have been elected, all five zone positions shall be placed on the
ballot at the next following general election. The department shall determine
the terms of office for the positions as provided in ORS 568.560 (5)(d). Any
vacancy that occurs in a zone position shall be filled as provided under ORS
568.560.
SECTION 7. The
amendments to ORS 568.520, 568.530 and 568.560 by sections 1, 2 and 5 of this
2007 Act apply to director positions filled on or after the effective date of
this 2007 Act.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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