77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3278
House Bill 3316
Sponsored by Representative GORSEK
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.
Transfers duties, functions and powers of board of directors of
mass transit district known as Tri-County Metropolitan
Transportation District of Oregon to governing body of
metropolitan service district known as Metro.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to governance of Tri-Met; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSFER + }
SECTION 1. { + Metro, a metropolitan service district
established for the Portland metropolitan area pursuant to
Article XI, section 14, Oregon Constitution, and ORS chapter 268,
shall:
(1) Take ownership and control of the Tri-County Metropolitan
Transportation District of Oregon, a mass transit district
organized pursuant to ORS 267.010 to 267.390; and
(2) Operate the transit system of the mass transit
district. + }
SECTION 2. { + (1) On the operative date of section 1 of this
2013 Act:
(a) The tenure of office of the directors of the Tri-County
Metropolitan Transportation District of Oregon ceases.
(b) All the duties, functions and powers of the board of
directors are imposed upon, transferred to and vested in the
governing body of Metro.
(2) On or before the operative date of section 1 of this 2013
Act, Metro and the Tri-County Metropolitan Transportation
District of Oregon shall cooperate and work collaboratively to
ensure that the transfer of responsibility for transit system
operations is accomplished in an efficient and effective manner
with as little disruption as possible for users of the mass
transit system. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 3. { + (1) On or before the operative date of section
1 of this 2013 Act:
(a) The board of directors of the Tri-County Metropolitan
Transportation District of Oregon, a mass transit district,
shall:
(A) Deliver to the governing body of Metro, a metropolitan
service district, all records and property within the
jurisdiction of the directors that relate to the duties,
functions and powers transferred by section 2 of this 2013 Act;
and
(B) Transfer to Metro the employees of the mass transit
district involved in the exercise of the duties, functions and
powers transferred by section 2 of this 2013 Act.
(b) The governing body of Metro shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by section 2 of this 2013 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(2) The Governor shall resolve any dispute between the mass
transit district and Metro relating to transfers of records,
property and employees under this section, and the Governor's
decision is final. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 4. { + The transfer of duties, functions and powers to
Metro by section 2 of this 2013 Act does not affect any action,
proceeding or prosecution involving or with respect to the
duties, functions and powers begun before and pending at the time
of the transfer, except that Metro is substituted for the
Tri-County Metropolitan Transportation District of Oregon in the
action, proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 5. { + (1) Nothing in sections 1 to 9 of this 2013 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 2 of this 2013 Act. Metro may undertake
the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Tri-County Metropolitan
Transportation District of Oregon, a mass transit district,
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 1 of this 2013 Act are transferred to Metro. For
the purpose of succession to these rights and obligations, Metro
is a continuation of the mass transit district and not a new
authority. + }
{ +
RULES + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 2 of this 2013 Act, the rules of
the Tri-County Metropolitan Transportation District of Oregon, a
mass transit district, in effect on the operative date of section
1 of this 2013 Act continue in effect until superseded or
repealed by rules of Metro. References in rules of the mass
transit district to the board of directors of the mass transit
district are considered to be references to the governing body of
Metro. + }
{ +
UNIT CAPTIONS + }
SECTION 7. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE AND OPERATIVE DATE + }
SECTION 8. { + Section 1 of this 2013 Act becomes operative on
January 1, 2014. + }
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------