74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1306
A-Engrossed
Senate Bill 417
Ordered by the Senate April 11
Including Senate Amendments dated April 11
Sponsored by Senator WALKER, Representatives BARNHART, C EDWARDS
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.
Abolishes local government boundary commission having
jurisdiction in Lane County and Lane County Local Government
Boundary Commission Fund.
Transfers moneys in fund to Lane County for specified purposes.
A BILL FOR AN ACT
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 Oregon:
SECTION 1. { + (1) The local government boundary commission
having jurisdiction in Lane County is abolished. On the operative
date of this section, the tenure of office of the members of the
commission and of any advisory committee appointed by the
commission ceases.
(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 Lane County shall:
(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 Lane County Local Government Boundary
Commission Fund is abolished.
(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 Lane
County. + }
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) Lane County is substituted for the commission in all other
actions, proceedings or prosecutions.
(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) Lane County all other records and property within the
jurisdiction of the commission that relate to a pending action,
proceeding or prosecution.
(3) The commission shall dispose of or deliver all other
property, or proceeds of the disposal of the property, to Lane
County. + }
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, Lane County is a
continuation of the commission and not a new authority. + }
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) State Land Board.
(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. + }
----------