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
Senate Bill 1124
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 as
introduced.
Requires commissioners of special road districts to be elected
rather than appointed.
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;
amending ORS 294.316, 371.338 and 371.342; and repealing ORS
371.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 371.338 is amended to read:
371.338. (1) The powers of a special road district are vested
in a district board of commissioners consisting of three
commissioners { - appointed by the county court - } { +
elected by the electors of the district + }. Each commissioner
shall be an elector of the district. The term of office of a
commissioner is three years commencing on { - January 1 of the
year of appointment - } { + 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 { - county court - } { + district board + } by
appointment for the unexpired term.
(2) Notwithstanding the three-year term of office prescribed in
subsection (1) of this section, of the commissioners first
{ - appointed - } { + elected + } to a board { + , the term
of + } one commissioner shall
{ - be appointed for a term ending December 31 - } { + end on
June 30 + } of the second year following the year in which that
commissioner first takes office, { + the term of + } one
commissioner { - for a term ending December 31 - } { + shall
end on June 30 + } of the year following the year in which that
commissioner first takes office and { + the term of + } one
commissioner { - for a term ending December 31 - } { + shall
end on June 30 + } of the year in which that commissioner 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. + }
{ - (3) - } { + (4) + } Before entering upon the duties of
office, a commissioner shall take and subscribe an oath to
support the Constitution 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 2. ORS 371.342 is amended to read:
371.342. As soon as possible after the first commissioners are
{ - appointed - } { + elected + } to the district board of
commissioners, and thereafter during each January, 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.
SECTION 3. ORS 294.316 is amended to read:
294.316. The provisions of ORS 294.305 to 294.565 do not apply
to the following municipal corporations:
(1) Drainage districts organized under ORS chapter 547;
(2) District improvement companies organized under ORS chapter
554;
(3) Highway lighting districts organized under ORS chapter 372;
(4) Irrigation districts organized under ORS chapter 545;
(5) Road districts organized under ORS chapter 371 { + , except
special road districts levying a permanent rate limit of $20,000
or more + };
(6) Soil and water conservation districts organized under ORS
chapter 568 which do not levy an ad valorem tax;
(7) Municipal public utilities operating under separate boards
or commissions, authorized under ORS chapter 225 and city
charters, and people's utility districts organized under ORS
chapter 261, both operating without ad valorem tax support;
(8) Housing authorities organized under ORS 446.515 to 446.547
and ORS chapter 456 that are not carrying out urban renewal
activities using a division of ad valorem taxes under ORS
457.440;
(9) Water control districts organized under ORS chapter 553
which do not levy an ad valorem tax;
(10) Hospital financing authorities organized under ORS 441.525
to 441.595;
(11) Export trading corporations organized under ORS 777.755 to
777.800; and
(12) Diking districts organized under ORS chapter 551.
SECTION 4. { + (1) Except as provided in this section, the
amendments to ORS 371.338 and 371.342 by sections 1 and 2 of this
1999 Act do not affect the term or tenure of office of an
appointed commissioner of a special road district.
(2) When the term of office of an appointed commissioner of a
special road district expires, a successor to that commissioner
shall be elected at an election held and conducted under ORS
chapter 255.
(3) The term of office of each appointed commissioner of a
special road district holding office on the effective date of
this 1999 Act shall be extended until June 30 next following the
expiration of the term to which the commissioner was appointed.
(4) After the effective date of this 1999 Act, any vacancy on
the board of commissioners of a special road district shall be
filled by appointment by the district board. + }
SECTION 5. { + ORS 371.330 is repealed. + }
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