70th OREGON LEGISLATIVE ASSEMBLY--1999 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 4074

                           B-Engrossed

                        Senate Bill 1124
                   Ordered by the House May 27
  Including Senate Amendments dated May 12 and House Amendments
                          dated May 27

Sponsored by COMMITTEE ON JUDICIARY (at the request of Deschutes
  County)


                             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.

  Authorizes county court to determine whether commissioners of
special road districts will be elected or appointed. Requires
county to pay for elections.
    { - Subjects special road districts levying permanent rate
limit exceeding specified amount to requirements of Local Budget
Law. - }

                        A BILL FOR AN ACT
Relating to special road districts; creating new provisions; and
  amending ORS 371.330.
Be It Enacted by the People of the State of Oregon:
  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. + }
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