75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2143
B-Engrossed
Senate Bill 344
Ordered by the Senate April 30
Including Senate Amendments dated March 19 and April 30
Sponsored by Senator GEORGE
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.
Makes { - offices of county assessor and - } { + office
of + } county surveyor appointed { - offices - }
{ + office + } unless county charter provides otherwise.
A BILL FOR AN ACT
Relating to county officers; creating new provisions; and
amending ORS 202.110, 204.005, 204.010, 204.016, 204.020,
249.002 and 254.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 204.005 is amended to read:
204.005. { + (1) + } The following county officers shall be
elected at the primary election or general election, as provided
in ORS 249.088:
{ - (1) - } { + (a) + } A sheriff.
{ - (2) - } { + (b) + } A county clerk.
{ - (3) - } { + (c) + } A county assessor.
{ - (4) - } { + (d) + } A county treasurer.
{ - (5) A county surveyor. - }
{ - (6) - } { + (e) + } A county commissioner to succeed
any commissioner whose term of office expires the following
January.
{ - (7) - } { + (f) + } In any county where there is a
vacancy from any cause in the office of county commissioner, an
additional commissioner to fill the vacancy.
{ + (2) Unless an adopted county charter or a county
ordinance provides otherwise, the governing body of a county
shall appoint a county surveyor. + }
SECTION 2. ORS 204.016 is amended to read:
204.016. (1) A person is not eligible to { + serve in + } any
office listed in ORS 204.005 unless the person is a citizen of
the United States { - , - } { + and + } an elector under the
Oregon Constitution { + .
(2) A person is not eligible to serve in any elective office
listed in ORS 204.005 unless the person meets the requirements of
subsection (1) of this section and in addition is + }
{ - and - } a resident of the county { - wherein - } { + in
which + } the person is elected for the period of one year
{ - next - } preceding { + the next + }election { - , except
that in counties of less than 25,000 population the requirement
of residency in the county wherein the person is elected does not
apply to the county surveyor - } .
{ - (2) - } { + (3) + } A person is not eligible to be a
candidate for election or appointment to the office of county
surveyor unless registered under the laws of this state as a
registered professional land surveyor.
{ - (3) - } { + (4) + } A person is not eligible to be a
candidate for election or appointment to the office of county
assessor unless:
(a) The person has qualified as a registered appraiser or is an
appraiser trainee under ORS 308.015 and if an appraiser trainee,
notwithstanding ORS 308.015, becomes a registered appraiser
within two years after taking office; and
(b) The person either has two years of office and accounting
experience, including experience in office management activities,
or has two years of full-time employment in the office of a
county assessor.
{ - (4) - } { + (5) + } The Department of Revenue shall
prepare applications and questionnaires, and obtain information
it may deem necessary to determine that a candidate for the
office of county assessor has met the requirements of
{ + subsection (4) of + } this section, and shall furnish to
applicants suitable certificates evidencing satisfactory
compliance with the required qualifications.
SECTION 3. ORS 204.010 is amended to read:
204.010. (1) Except as provided in subsection (2) of this
section, the term of office of each officer mentioned in ORS
204.005 is four years.
(2) When two or more county commissioners are elected for one
county at a general election and one of them is elected to fill a
vacancy, as provided in ORS 204.005 { - (7) - } { +
(1)(f) + }, one of them shall hold office for two years and the
others four years.
SECTION 4. ORS 204.020 is amended to read:
204.020. (1) The term of office of each officer { - mentioned
in - } { + elected pursuant to + } ORS 204.005 { - shall
commence - } { + commences + } on the first Monday of January
next following election to office.
(2) Before entering upon any { + elective + } office listed in
ORS 204.005, the person elected must qualify by filing with the
county clerk of the county in which the person is elected the
person's certificate of election, with an oath of office indorsed
thereon, and subscribed by the elected person, to the effect that
the person will support the Constitution of the United States and
of this state, and faithfully carry out the office being assumed.
The person shall also give and file the undertaking provided for
under subsection (3) of this section.
(3) A county governing body may require, by ordinance, for the
filing by each officer under ORS 204.005, prior to that officer
assuming office, of an official undertaking with such surety as
the governing body determines necessary or of an irrevocable
letter of credit issued by an insured institution, as defined in
ORS 706.008, in either case in a reasonable amount with the
county governing body.
SECTION 5. ORS 202.110 is amended to read:
202.110. (1) The county judge and the county commissioners
appointed under ORS 202.100, acting as a county court, shall
appoint a sheriff, a county clerk, a county assessor, a county
treasurer and a county surveyor. An officer appointed under this
subsection must be an elector of the new county and must accept
and qualify for the office under ORS 204.016 and 204.020 before
beginning service. The officers { + , except the county
surveyor, + } appointed under this subsection shall serve until
the first Monday in January after the election at which their
successors are elected. { + The county surveyor appointed
pursuant to this section serves for the term specified in ORS
204.010. + }
(2) At the next practicable general election following the
appointment, successors to the county officers { + , except the
county surveyor, + } appointed under subsection (1) of this
section shall be elected. The successors shall take office on the
first Monday in January next following their election.
(3) All justices and constables in office within the boundaries
of any new county shall continue to hold office in such new
county during the remainder of their term, and shall give bonds
to the new county of the same amount and in the same manner as
previously given to the original county in which they were
elected or appointed.
(4) At each general election following the general election at
which the first county officers under this section are elected, a
successor shall be elected to fill any expiring term.
SECTION 6. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries, any elected office of a metropolitan
service district under ORS chapter 268, justice of the peace,
county clerk, county assessor, { - county surveyor, - } county
treasurer, sheriff, district attorney or any office designated
nonpartisan by a home rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
SECTION 7. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(3) 'County clerk' means the county clerk or the county
official in charge of elections.
(4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(5) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(6) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(7) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(8) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, { - county
surveyor, - } county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
(9) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(10) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
(11) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
(12) 'Voting machine' means any device that will record every
vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device.
SECTION 8. { + The amendments to ORS 204.005 by section 1 of
this 2009 Act apply to a vacancy in the office of county surveyor
that occurs on or after the effective date of this 2009 Act. + }
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