70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

SA to SB 1124

LC 4074/SB 1124-3

                      SENATE AMENDMENTS TO
                        SENATE BILL 1124

                 By COMMITTEE ON TRANSPORTATION

                             May 12

  On page 1 of the printed bill, line 2, after the second
semicolon insert 'and' and after '294.316' insert 'and 371.330.'
and delete the rest of the line and line 3.
  Delete lines 5 through 31 and insert:
  '  { +  SECTION 1. + }  { + Sections 2, 4, 5, 6 and 7 of this
1999 Act are added to and made a part of ORS 371.305 to
371.360. + }
  '  { +  SECTION 2. + }  { + (1) If a county court approves a
petition for formation of a special road district, the order of
the county court declaring the formation shall also declare, in
addition to other matters specified in ORS 198.810, whether the
commissioners of the district shall be appointed by the county
court or elected by the electors of the district.
  ' (2) When a special road district is situated within a county,
the county court, by ordinance, may provide for a change in the
method of selection of the commissioners of the district.  The
ordinance shall specify whether election or appointment shall be
the method of selecting commissioners and shall prescribe the
procedures for effecting the change.
  ' (3) When a county court, by an order or ordinance described
in this section, requires the commissioners of a special road
district to be elected, the county shall pay the costs of
conducting the elections at which the commissioners of the
district are elected. + }
  '  { +  SECTION 3. + } ORS 371.330 is amended to read:
  ' 371.330. If a proposal for formation of a district is
approved  { + and the proposal specifies an appointed district
board of commissioners + }, the county court shall appoint three
persons with the qualifications described in ORS 371.338 (1) to
be the first commissioners of the district and shall designate
the term of office of each.
  '  { +  SECTION 4. + }  { + If a proposal for formation of a
special road district is approved and the proposal specifies an
elected district board of commissioners, members of the district
board of commissioners shall be elected at the election held to
form the district. + }
  '  { +  SECTION 5. + }  { + When a special road district has an
elected district board of commissioners, sections 6 and 7 of this
1999 Act are effective in that district in lieu of ORS 371.338
and 371.342. + }
  '  { +  SECTION 6. + }  { + (1) The powers of a special road
district are vested in a district board of commissioners
consisting of three commissioners elected by the electors of the
district. Each commissioner shall be an elector of the district.
The term of office of a commissioner is four years commencing on
July 1 following the date of election. A commissioner may serve
until a successor is elected and qualified. Vacancies on the
board shall be filled by the district board by appointment for
the unexpired term.

  ' (2) Notwithstanding the four-year term of office prescribed
in subsection (1) of this section, of the commissioners first
elected to a board, the term of one commissioner shall end on
June 30 of the second year following the year in which that
commissioner first takes office.
  ' (3) ORS chapter 255 governs the nomination and election of
the commissioners of a special road district and the conduct of
all elections in the district.
  ' (4) Before entering upon the duties of office, a commissioner
shall take and subscribe an oath to support the Constitutions and
laws of the State of Oregon and of the United States, and to well
and faithfully perform the duties of office to the best of the
commissioner's knowledge and ability. + }
  '  { +  SECTION 7. + }  { + As soon as possible after the first
commissioners are elected to the district board of commissioners,
and thereafter during each July, the board shall meet and
organize by selecting from their number a president, a secretary
and a treasurer. The board shall hold one regular meeting each
month at a time and place within the district designated by the
board. All meetings of the board shall be open to the public and
the records of the district shall be available for public
inspection. + } ' .
  On page 2, line 1, delete '3' and insert '8'.
  Delete lines 22 through 33.
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