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 2736
Senate Bill 777
Sponsored by COMMITTEE ON RULES
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 as
introduced.
Requires state, county and city planners to be licensed by
state. Creates Land Use Planners Oversight Board.
A BILL FOR AN ACT
Relating to licensing for land use planners; creating new
provisions; and amending ORS 244.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) For purposes of this section, 'professional
planner' means a person whose job description primarily consists
of duties related to comprehensive land use planning under ORS
chapter 197, county planning under ORS chapter 215 or city
planning under ORS chapter 227. 'Professional planner' does not
mean an attorney, a professional engineer, a land surveyor or an
architect.
(2) The state, a city or a county may not employ a person as a
professional planner unless the person is licensed by the Land
Use Planners Oversight Board as a land use planner. + }
SECTION 2. { + (1) There is established a Land Use Planners
Oversight Board consisting of five members. Two members are
appointed by the Senate Majority Leader, two members are
appointed by the Senate Minority Leader and one member is
appointed by the Governor.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on January 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
(3) The board shall select one of its members as chairperson
and another as vice chairperson, with duties and powers necessary
for the performance of the functions of such offices as the board
determines. The terms of the chairperson and vice chairperson
shall expire two years after selection by the board. The
chairperson and vice-chairperson may serve for more than one
term.
(4) A majority of the members of the board constitutes a quorum
for the transaction of business.
(5) The board shall meet at least once every six months at a
place, day and hour determined by the board. The board may also
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board.
(6) The board may appoint employees, serving at the pleasure of
the board, and shall prescribe their duties and fix their
compensation.
(7) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(8) The members of the board must be residents of this state
who are well informed on the principles of land use planning. The
appointing authorities may consider geographic diversity within
the state when making the appointments. + }
SECTION 3. { + Notwithstanding the term of office specified in
section 2 of this 2009 Act, of the members first appointed to the
Land Use Planners Oversight Board:
(1) One appointed by the Senate Majority Leader serves for a
term ending January 1, 2012.
(2) One appointed by the Senate Majority Leader serves for a
term ending January 1, 2014.
(3) One appointed by the Senate Minority Leader serves for a
term ending January 1, 2012.
(4) One appointed by the Senate Minority Leader serves for a
term ending January 1, 2014.
(5) The member appointed by the Governor serves for a term
ending January 1, 2014. + }
SECTION 4. { + In accordance with applicable provisions of ORS
chapter 183, the Land Use Planners Oversight Board may adopt
rules:
(1) Establishing standards for licensure of qualified
applicants;
(2) Governing the examination of applications for licenses
issued by the board, and renewal, suspension and revocation of
the licenses;
(3) Relating to the professional methods and procedures used by
persons licensed by the board;
(4) Adopting a continuing education program for land use
planners;
(5) Establishing fees for licensing, not to exceed $100 per
year;
(6) Relating to the review of complaints; and
(7) Adopting and administering a code of ethics for land use
planners. + }
SECTION 5. { + (1) The Land Use Planners Review Board shall
issue initial land use planner licenses and renewals of land use
planner licenses that expire one year after the date of issuance.
(2) The board shall not issue an initial land use planner
license to a person unless the person has:
(a) Received a baccalaureate degree or a graduate degree from
an accredited university in agriculture, forestry, land use
planning, business, public policy or a related field;
(b) Paid the license fee established by the board;
(c) Filed a statement of economic interest under ORS 244.050
with the Oregon Government Ethics Commission and submitted a copy
of the statement to the Land Use Planners Review Board; and
(d) Satisfied any other standards established by the board by
rule.
(3) The board shall not renew a land use planner license unless
the licensee has:
(a) Completed at least 16 hours of continuing education during
the previous license term;
(b) Paid the license fee established by the board;
(c) Filed a statement of economic interest under ORS 244.050
with the Oregon Government Ethics Commission and submitted a copy
of the statement to the Land Use Planners Review Board; and
(d) Satisfied any other standards established by the board by
rule. + }
SECTION 6. { + (1) The Land Use Planners Oversight Board may
establish advisory and technical committees it considers
necessary to aid and advise the board in the performance of its
functions. These committees may be continuing or temporary
committees. The board shall determine the representation,
membership, terms and organization of the committees and shall
appoint their members.
(2) Members of the committees are not entitled to compensation,
but at the discretion of the board may be reimbursed from funds
available to the board for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties, in the manner and amount provided in ORS 292.495. + }
SECTION 7. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
(c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer and Business
Services.
(L) Director of the Department of State Lands.
(M) State Librarian.
(N) Administrator of Oregon Liquor Control Commission.
(O) Superintendent of State Police.
(P) Director of the Public Employees Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(U) Executive Director of Oregon Government Ethics Commission.
(V) Director of the State Department of Energy.
(W) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official.
(j) Every member of a city or county planning, zoning or
development commission.
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Ethics Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
{ + (DD) Land Use Planners Oversight Board. + }
(q) The following officers of the State Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
(s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
{ + (t) Persons licensed under section 5 of this 2009
Act. + }
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate for public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate for public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for public
office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates for public
office on April 15. Subsections (1) to (4) of this section also
apply to persons who do not become candidates until 30 days after
the filing deadline for the statewide general election.
(6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
SECTION 8. { + Section 1 of this 2009 Act becomes operative on
January 1, 2012. + }
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