Chapter 681 Oregon Laws 1999
Session Law
AN ACT
HB 2766
Relating to county fairs;
creating new provisions; and amending ORS 565.210 and 565.230.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 6 of this 1999 Act are added
to and made a part of ORS 565.210 to 565.310.
SECTION 2. A member of a county fair board appointed
under ORS 565.210 may be removed by the county court for inefficiency, neglect
of duty, misconduct in office, incompetence, incompatibility, dereliction of
duty or other good cause, as those terms may be defined by county ordinance. A
member of the fair board shall not be removed by the county court until after
the member receives a copy of a statement containing the cause for removal and
a hearing on the removal is held. The statement shall be given to the member at
least 10 days prior to the hearing, at which the member must have an
opportunity to be heard in person or by counsel. When the county court removes
a member of the fair board, a record of the proceedings, together with the
cause for removal and findings thereon, shall be filed in the office of the
county clerk.
SECTION 3. (1) As provided in this section and
sections 4 and 5 of this 1999 Act, a county court may abolish the county fair
board appointed under ORS 565.210.
(2) A county court may
initiate proceedings to abolish the county fair board by issuing an order
creating a county fair advisory committee with six members who shall all be
residents of the county. Upon issuance of the order under this subsection, the
county court shall appoint three members to the advisory committee and the
county fair board shall appoint three members. The advisory committee shall
consider the relevant issues and make recommendations concerning the abolition
of the county fair board and, if abolition is recommended, the future operation
of the county fair by either a fair association or a fair district. If a
majority of the advisory committee agrees that abolishing the county fair board
is in the best interests of the residents of the county, the advisory committee
shall recommend abolition of the county fair board. If the advisory committee
recommends abolition of the county fair board, the county court and the county
fair board may meet to consult and negotiate concerning the future operation of
the county fair and fairgrounds. If the county court and the county fair board
agree that it is in the best interests of the residents of the county to have a
fair association or fair district replace the county fair board, the county
court may adopt a resolution that expresses the intention of the county court
to abolish the county fair board, sets forth the reasons for the intended
action, states that either a fair association or a fair district will replace
the county fair board and declares that the abolition of the county fair board
is in the best interests of the residents of the county.
(3) A resolution adopted by
a county court under subsection (2) of this section must be accompanied by a
resolution adopted by the county fair board that acknowledges the proposed
action of the county court and declares that abolition of the county fair board
is in the best interests of the residents of the county. The resolution adopted
by a county fair board under this subsection must be adopted at a regular
public meeting of the county fair board and filed with the county court.
(4) After adoption of the
resolutions described in subsections (2) and (3) of this section, the county
court shall conduct a public hearing concerning the abolition of the county
fair board at which testimony of interested persons and other evidence shall be
received.
(5) Notice of the public
hearing required by subsection (4) of this section shall be published twice in
at least two newspapers of general circulation in the county. The first notice
shall be published between the 90th day and the 60th day before the hearing.
The second notice shall be published between the 30th day and the 20th day
before the hearing.
(6) After the public hearing
required by subsection (4) of this section, the county court shall consider the
testimony given and the other evidence received at the hearing. If the county
court determines that abolishing the county fair board is in the best interests
of the residents of the county, the county court shall issue an order
abolishing the county fair board and authorizing either the creation of a fair
district or an agreement with a fair association for the purpose of managing
and operating the county fair. The abolition of the county fair board shall be
effective on the date specified in the order.
(7) This section applies
only to a county having a population exceeding 400,000 but not exceeding
600,000, according to the most recent annual estimate of population under ORS
190.510 to 190.610.
SECTION 4. (1) As used in this section, a "fair
association" means a corporation incorporated under ORS chapter 65 that
has a board of directors with at least three members and that is authorized by
its articles of incorporation to exercise the powers and perform the functions
exercised and performed by a county fair board under ORS 565.210 to 565.310.
(2) If the order issued by a
county court under section 3 of this 1999 Act authorizes an agreement with a
fair association, the county court, before the abolition of the county fair
board, shall enter into an agreement with a fair association for the management
and operation of the county fair. Except as otherwise provided in the
agreement, a fair association may exercise all of the powers and authority
granted to a county fair board under ORS 565.210 to 565.310.
(3) An agreement between a
county court and a fair association under this section may not provide for the
conveyance or other transfer of public property to the fair association unless
the public property is transferred as allowed by the laws of this state.
SECTION 5. If the order issued by a county court under
section 3 of this 1999 Act authorizes the formation of a fair district to
replace the county fair board, the county court, before the abolition of the
county fair board, shall initiate the formation of the fair district by order
as provided in ORS 198.835. After initiation of formation proceedings as
provided in this section, a fair district may be created as provided in ORS
198.705 to 198.955 and section 6 of this 1999 Act.
SECTION 6. (1) A fair district shall constitute a
municipal corporation of this state, and a public body, corporate and politic,
exercising public power. A fair district may:
(a) Have and use a common
seal.
(b) Sue and be sued by its
name.
(c) Make and accept any and
all contracts, deeds, leases, releases and documents of any kind that, in the
judgment of the district board, are necessary or proper to the exercise of any
power of the district, and to direct the payment of all lawful claims or
demands.
(d) Assess, levy and collect
taxes to pay the cost of acquiring sites for the county fair and constructing,
reconstructing, altering, operating and maintaining the ground and all other
property devoted to the use of the county fair, the expenses incurred in the
business management and financial and other affairs of the county fair and any
lawful claims against the district.
(e) Employ all necessary
agents and assistants.
(f) Call elections after the
formation of the district.
(g) Generally do any acts
necessary and proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
(2) The officers of the
district shall be a board of five members elected by the electors of the
district. The district board shall be the governing body of the district and
shall exercise all powers of the district.
(3) Five district board
members shall be elected at the election for district formation. If the
effective date of the formation of the district occurs in an odd-numbered year,
two district board members shall be elected for four-year terms and the other
three district board members shall be elected for two-year terms. If the
effective date of the formation occurs in an even-numbered year, two district
board members shall be elected for three-year terms and the other three
district board members shall be elected for one-year terms. The district board
members shall be elected at large by position number. Each district board
member shall hold office until election and qualification of a successor.
(4) ORS chapter 255 governs
the nomination and election of district board members and the conduct of
district elections.
(5) The district board in
each year shall determine and fix the amount of money to be levied and raised
by taxation for the purposes of the district.
(6) A county may convey or
otherwise transfer public property to a fair district as provided by law.
SECTION 7.
ORS 565.210 is amended to read:
565.210. (1) Any county may hold county and industrial fairs;
but only one county fair shall be held in each county.
(2) Except as provided
in section 3 of this 1999 Act, in counties holding county fairs, the county
court of such county shall appoint a board consisting of not less than three
nor more than seven residents of the county, to be known as the county fair
board. When the first members of the board are appointed under this section,
one member shall be appointed for a term to expire the January next following
appointment, one for a term to expire one year from the January next following
appointment, and one for a term to expire two years from the January next
following appointment. In addition to the three members, the county court may,
at any time, appoint not more than four additional members, the fourth and
sixth members to be appointed for a term to expire one year from the January
next following appointment and the fifth and seventh members, if any, for a
term to expire two years from the January next following appointment. Annually thereafter,
at the first meeting in January, upon the expiration of the term of a member, a
successor shall be appointed to serve for three years.
(3) The court shall require each member of the board to furnish
a good and sufficient bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 in favor of the county,
conditioned upon the faithful performance of the duties of the office. The bond
or letter of credit for each member shall be in a sum equal to $10,000 or 20
percent of the total revenues received by the fair in the last fiscal year
ending prior to the appointment of such member, whichever is the lesser amount.
The bond or letter of credit when approved by the county court shall be filed
with the county clerk. The premium on the bond or the fee for the letter of
credit shall be paid for by the county fair board as an expense of the board.
(4) No more than one member of the county court may serve as a
member of the county fair board.
(5) A member of a county
fair board appointed under this section may be removed from office for cause as
provided in section 2 of this 1999 Act.
SECTION 8.
ORS 565.230 is amended to read:
565.230. (1) The county
fair board has the exclusive management of the ground and all other
property owned, leased, used or controlled by the county and devoted to the use
of the county fair, and is entrusted and charged with the entire business
management and financial and other affairs of such fair.
(2) In order that the fairgrounds and buildings may be utilized
to the fullest extent for pleasure, recreation and public benefit, the board
shall at all times have the authority to provide park facilities for the public
or to issue licenses and grant permits for the holding of any exhibitions, shows,
carnivals, circuses, dances, entertainments or public gatherings upon the
fairgrounds. During the progress of county agricultural or industrial fairs and
not otherwise, any such businesses so licensed by the board shall not be
required to pay license to any city or county other than to the board as
provided in this section. The board shall fix the sum to be paid for such
permits and licenses, which shall be issued and signed by the president and
secretary of the board. The moneys received from the issuance of such permits
and licenses shall be deposited to the credit of the fair fund and warrants
drawn against it the same as upon the disbursement of any other fair funds.
(3) Donations of real
property for the use of the county fair shall be made by an instrument that may
be accepted for recording by a county clerk. An instrument of donation shall be
recorded in the records of the county clerk where deeds are located. The
donated property shall be used in compliance with the express intentions and
purposes set forth in the instrument of donation.
(4) A county court may
conclude that an agreement is needed to protect the county and the county court
from liability relating to personnel or contractual matters. If the county
court asks the county fair board to begin negotiations for an agreement, the
county fair board and the county court must enter into an agreement concerning
the rules, policies and procedures to be used in the conduct of fair activities
for the purpose of limiting the liability of the county for personnel and
contractual matters. However, if a county court determines that an agreement is
unnecessary or that an existing agreement provides sufficient protection from
liability, then an agreement under this subsection is not required.
Approved by the Governor
July 14, 1999
Filed in the office of
Secretary of State July 14, 1999
Effective date October 23,
1999
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