2005 Oregon Code - Chapter 558 :: Chapter 558 - Weather Modification
Chapter 558 — Weather Modification
2005 EDITION
WEATHER MODIFICATION
WATER LAWS
LICENSING
558.010Â Â Â Â Definitions for ORS 558.010 to 558.140
558.020Â Â Â Â Purpose of ORS 558.010 to 558.140
558.030Â Â Â Â Artificial weather modification prohibited without license
558.040Â Â Â Â Application for license; fee
558.050Â Â Â Â Applicant to file proof of financial responsibility
558.052Â Â Â Â Requirements for bonds used to meet financial responsibility
558.053Â Â Â Â Judgment against principal on bond; action against surety; satisfaction
558.054Â Â Â Â Deposit of cash or other security to meet financial responsibility; rules; use of deposit
558.055Â Â Â Â Hearing on application for license
558.060Â Â Â Â Issuance of license; conditions; licenseeÂ’s authority; use of improper materials cause for suspension or revocation; renewal; fee
558.066Â Â Â Â Governmental entities conducting weather modification at airport exempted
558.080Â Â Â Â Contents of hearing notice
558.090Â Â Â Â Publication of notice of hearing
558.100Â Â Â Â Proof of publication
558.110Â Â Â Â Records and reports of operations; public examination
558.120Â Â Â Â Emergency licenses
558.135Â Â Â Â Revocation, suspension, refusal to issue or renew license; procedure
558.140Â Â Â Â Appropriation for administration and enforcement
WEATHER MODIFICATION DISTRICTS
(General Provisions)
558.200    “County court” defined
558.203Â Â Â Â Election laws applicable
(Incorporation)
558.210Â Â Â Â Incorporation for weather modification; limitations as to area
558.235Â Â Â Â Forestlands not benefited property; not included in district except upon petition
(Powers of District)
558.300Â Â Â Â General powers of district
558.310Â Â Â Â Limitation on right to own or operate equipment
558.315Â Â Â Â Rules concerning district property
558.320Â Â Â Â Duty to carry liability insurance
558.325Â Â Â Â Cooperative agreements between districts
558.340Â Â Â Â Tax assessment, levy and collection; boundary change
558.345Â Â Â Â Disposal of taxes levied when organization declared invalid
558.350Â Â Â Â EmployeesÂ’ retirement system authorized
558.355Â Â Â Â District to budget for retirement system
558.360Â Â Â Â Employee contribution
558.365Â Â Â Â Limitation on membership
(Board of Commissioners)
558.400Â Â Â Â Board of commissioners; powers; qualifications and terms of commissioners
558.410Â Â Â Â Board meetings; officers; quorum; employing assistance; employee benefits
558.415Â Â Â Â Procedure to increase number of commissioners
558.430Â Â Â Â Deposit and withdrawal of moneys; annual reports; records
558.440Â Â Â Â Calling special elections
PENALTIES
558.990Â Â Â Â Penalties
LICENSING
     558.010
Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140:
     (1) “Department” means the State Department of Agriculture.
     (2) “Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
     558.020
Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140 is
to promote the public health, safety and welfare by providing for the
licensing, regulation and control of interference by artificial means with the
natural precipitation of rain, snow, hail, moisture or water in any form
contained in the atmosphere. [1953 c.654 §2]
     558.030
Artificial weather modification prohibited without license. No person,
without securing a license from the State Department of Agriculture, shall
cause or attempt to cause by artificial means condensation or precipitation of
rain, snow, hail, moisture or water in any form contained in the atmosphere, or
shall prevent or attempt to prevent by artificial means the natural
condensation or precipitation of rain, snow, hail, moisture or water in any
form contained in the atmosphere. [1953 c.654 §3]
     558.040
Application for license; fee. (1) Any person desiring to do any of the acts
specified in ORS 558.030 shall file with the State Department of Agriculture an
application for a license on a form to be supplied by the department for such
purpose setting forth all of the following:
     (a) The name and post-office address of the applicant.
     (b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant.
     (c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.
     (d) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation and the manner in which the production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the operation.
     (e) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.
     (f) Such other pertinent information as the department may require.
     (2) Each application shall be accompanied by a filing fee in the sum of $100, and proof of financial responsibility as required by ORS 558.050. [1953 c.654 §4; 1975 c.420 §1]
     558.050
Applicant to file proof of financial responsibility. (1) No license shall
be issued to any person until the person has filed with the State Department of
Agriculture proof of ability to respond in damages for liability on account of
accidents arising out of the weather modification operations to be conducted by
the person in the amount of $100,000 because of bodily injury to or death of
one person resulting from any one accident, and, subject to said limit for one
person, in the amount of $300,000 because of bodily injury to or death of two
or more persons resulting from any one accident, and in the amount of $300,000
because of injury to or destruction of property of others resulting from any
one accident.
     (2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a certificate evidencing deposit of money in the same manner and with the same effect as provided by ORS 558.052 to 558.054, 806.080 and 806.270. [1953 c.654 §13; 1975 c.420 §1a; 1983 c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]
     558.052
Requirements for bonds used to meet financial responsibility. A bond used
to comply with financial responsibility requirements under ORS 558.050 must
meet all of the following requirements:
     (1) The bond must be in the amount required by ORS 558.050.
     (2) The bond must be approved by a judge of a court of record in this state.
     (3) The bond must contain a provision that it cannot be canceled except upon the giving of 10 days’ prior written notice to the State Department of Agriculture.
     (4) The bond must be provided by either of the following:
     (a) A surety company.
     (b) Two persons who are residents of Oregon and who each own real property in this state having together equities at least of the value required for the bond under ORS 558.050.
     (5) If the bond is provided by real property owners in this state, the bond must contain a schedule of the real property owned by each of the sureties that will be used to meet the financial responsibility requirements of this state.
     (6) The bond must be conditioned to pay, on behalf of the principal, the limits of financial responsibility requirements under ORS 558.050.
     (7) The bond must be conditioned to pay, on behalf of the principal, judgments against a person for accidents described in ORS 558.050 and must be subject to action under ORS 558.053.
     (8) The bond is subject to any rules adopted by the department relating to such bonds. [2003 c.175 §15]
     558.053
Judgment against principal on bond; action against surety; satisfaction.
(1) If a judgment rendered against the principal on a bond described under ORS
558.052 is not settled within 60 days after it has become final, a judgment
creditor, for the judgment creditorÂ’s own use and benefit and at the judgment
creditorÂ’s sole expense, may bring an action against any surety on the bond. An
action brought under this section must be brought in the name of the state. An
action under this section may include any action or proceeding to foreclose any
lien established upon the real property of a surety under ORS 558.052.
     (2) For purposes of this section, a judgment is satisfied when any of the following occurs:
     (a) Payments in the amounts established by the payment schedule under ORS 558.050 have been credited upon any judgment or judgments rendered in excess of those amounts.
     (b) Judgments rendered for less than the amounts established under ORS 558.050 have been satisfied.
     (c) The judgment creditor and the judgment debtor have mutually agreed upon a compromise settlement of the judgment.
     (d) The judgment against the judgment debtor has been discharged in bankruptcy. [2003 c.175 §16]
     558.054
Deposit of cash or other security to meet financial responsibility; rules; use
of deposit. (1) A person may satisfy the financial responsibility
requirements of ORS 558.050 by depositing with the State Department of
Agriculture the following:
     (a) Cash;
     (b) Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California;
     (c) Certificates of deposit or other similar instruments if the instruments are insured by the Federal Deposit Insurance Corporation; or
     (d) Any combination of cash or instruments described in this subsection.
     (2) The department shall hold the deposit under terms and conditions that the department designates by rule. The department may deliver the deposit to the State Treasurer, who shall receive and hold the deposit subject to the order of the department. The depositor shall reimburse the State Treasurer for any expenses incurred by the State Treasurer in mailing, insuring, shipping or delivering the cash or instruments in the deposit.
     (3) The department, by order, may authorize the State Treasurer to use the deposit as follows:
     (a) To satisfy any execution on a judgment that is against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made; or
     (b) To release any or all of the deposit to the depositor or other person as the department considers appropriate.
     (4) While deposited with the department, the cash or instruments in the deposit are not subject to attachment or execution unless the attachment or execution arises out of a judgment against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made.
     (5) The department shall issue the depositor a certificate evidencing the deposit. [2003 c.175 §17]
     558.055
Hearing on application for license. Upon receipt of an application for a
license, the State Department of Agriculture shall fix the time and place for a
public hearing on the application. Such hearing shall be held in the county
seat of any county in which the proposed operation will be conducted. The
department shall notify the applicant of the time and place of hearing in
sufficient time for the applicant to comply with the notice requirements of ORS
558.080 to 558.100. [1975 c.420 §3]
     558.060
Issuance of license; conditions; licenseeÂ’s authority; use of improper
materials cause for suspension or revocation; renewal; fee. (1) The State
Department of Agriculture shall act within 30 days, but shall only issue the
license upon finding that:
     (a) The applicant is qualified to undertake the weather modification operation proposed in the application;
     (b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operation; and
     (c) The proposed weather modification operation would not be injurious to the public health or safety.
     (2) Each such license shall entitle the licensee to conduct the operations described in the license for one year from the date the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the license shall be cause for revocation or suspension of the license.
     (3) The license may be renewed annually by payment of a filing fee in the sum of $50. If the application for renewal proposes any change in the previously licensed operation, or if the department determines that the public health or safety may be adversely affected by continuation of the operation, the department shall conduct a hearing on the application for renewal. The provisions of ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 §5; 1975 c.420 §4]
     558.065
[1965 c.336 §2; repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]
     558.066
Governmental entities conducting weather modification at airport exempted.
The State of Oregon or its agencies, counties, cities, public corporations or
political subdivisions thereof or any person engaged by any of them for the
purpose of removing or dispersing fog, or carrying out or performing any other
weather modification at an airport owned or operated by the State of Oregon or
its agencies, counties, cities, public corporations or political subdivisions
thereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect to
such operations at such airport only. [1967 c.225 §2 (enacted in lieu of
558.065)]
     558.070
[1953 c.654 §6; repealed by 1975 c.420 §12]
     558.080
Contents of hearing notice. The notice of hearing shall set forth all of
the following:
     (1) The name and post-office address of the applicant.
     (2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.
     (3) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation.
     (4) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.
     (5) The area in which and the approximate time during which the operation will be conducted.
     (6) The area which will be affected by the operation as near as the same may be determined in advance.
     (7) The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]
     558.090
Publication of notice of hearing. The applicant shall cause the notice of
hearing to be published at least once a week for two consecutive weeks in a
newspaper having a general circulation and published within the county wherein
the proposed operation is to be conducted and in which the affected area is
located, or if the proposed operation is to be conducted in more than one
county or if the affected area is located in more than one county or is located
in a county other than the one in which the proposed operation is to be
conducted, then such notice shall be published in like manner in a newspaper
having a general circulation and published within each of such counties. In
case there is no newspaper published within the appropriate county, publication
shall be made in a newspaper having a general circulation within the county.
The date of last publication shall be not less than three nor more than 10 days
prior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
     558.100
Proof of publication. Proof of publication shall be filed by the applicant
with the State Department of Agriculture at the time of the hearing. Proof of
publication shall be by copy of the notice as published, attached to and made a
part of the affidavit of the publisher or foreman of the newspaper publishing
the notice. [1953 c.654 §9; 1975 c.420 §7]
     558.110
Records and reports of operations; public examination. (1) Each licensee
shall keep and maintain a record of all operations conducted by the licensee
pursuant to the license showing the method employed, the type of equipment, the
type and composition of the materials used, the times and places of operation of
the equipment, the name and post-office address of each person participating or
assisting in the operation other than the licensee, the estimated precipitation
for each licensed project, defining the gain or loss occurring from the
operations, together with supporting data therefor, and such other information
as may be required by the State Department of Agriculture, and shall report the
same to the department at such times as it may require.
     (2) The records of the department and the reports of all licensees shall be available for public examination. [1953 c.654 §10; 1975 c.420 §8]
     558.120
Emergency licenses. Notwithstanding any provision of ORS 558.010 to 558.140
to the contrary, the State Department of Agriculture may grant a license
permitting a weather modification operation without compliance by the licensee
with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation
appears to the department to be necessary or desirable in aid of the
extinguishment of fires, dispersal of fog, or other similar emergency. [1953
c.654 §11; 1975 c.420 §9]
     558.130
[1953 c.654 §12; repealed by 1975 c.420 §12]
     558.135
Revocation, suspension, refusal to issue or renew license; procedure. (1)
Where the State Department of Agriculture proposes to refuse to issue or renew
a license, or proposes to revoke or suspend a license, opportunity for hearing
shall be accorded as provided in ORS chapter 183.
     (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1975 c.420 §11]
     558.140
Appropriation for administration and enforcement. All moneys received by
the State Department of Agriculture under ORS 558.010 to 558.140, in addition
to any other appropriation of funds available for the administration of ORS
558.010 to 558.140, hereby are continuously appropriated to the department for
the purpose of defraying the costs and expenses incurred in the administration
and enforcement of ORS 558.010 to 558.140. [1955 c.61 §3]
WEATHER MODIFICATION DISTRICTS
(General Provisions)
     558.200
“County court” defined. As used in ORS 558.200 to 558.440, “county court”
includes board of county commissioners. [1969 c.698 §1]
     558.203
Election laws applicable. (1) ORS chapter 255 governs the following:
     (a) The nomination and election of commissioners.
     (b) The conduct of district elections.
     (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §314]
     558.205
[1969 c.698 §35; 1975 c.647 §47; repealed by 1983 c.350 §331a]
(Incorporation)
     558.210
Incorporation for weather modification; limitations as to area. Any
designated area within a county bordering the Columbia River and having a
population of less than 21,000, according to the latest federal decennial
census, or within two or more of such counties, may be incorporated as a
weather modification district for the purpose of:
     (1) Causing or attempting to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere; or
     (2) Preventing or attempting to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1969 c.698 §3]
     558.215
[1969 c.698 §4; repealed by 1971 c.727 §203]
     558.220
[1969 c.698 §17; repealed by 1971 c.727 §203]
     558.225
[1969 c.698 §5; repealed by 1971 c.727 §203]
     558.230
[1969 c.698 §6a; repealed by 1971 c.727 §203]
     558.235
Forestlands not benefited property; not included in district except upon
petition. Forestlands within a forest protection district as defined in ORS
chapter 477, shall not be considered benefited property and shall not be
included in a weather modification district unless the owner of the forestlands
petitions the county court having jurisdiction of the formation proceedings to
have the lands of the owner included. [1969 c.698 §6; 1971 c.727 §173]
     558.240
[1969 c.698 §20; repealed by 1971 c.727 §203]
     558.245
[1969 c.698 §7; 1971 c.727 §175; repealed by 1983 c.350 §331a]
     558.250
[1969 c.698 §8; repealed by 1971 c.647 §149]
     558.255
[1969 c.698 §9; 1971 c.647 §125; repealed by 1983 c.350 §331a]
     558.260
[1969 c.698 §§10,11,12,16; repealed by 1971 c.647 §149]
     558.265
[1969 c.698 §13; repealed by 1971 c.727 §203]
     558.270
[1969 c.698 §14; repealed by 1983 c.350 §331a]
     558.275
[1969 c.698 §15; repealed by 1971 c.727 §203]
(Powers of District)
     558.300
General powers of district. After the date of formation, a district shall
make all contracts, hold and receive and dispose of real and personal property
within and without its described boundaries and do all other acts and things
which may be requisite, necessary or convenient in carrying out the objects of
the district or exercising the powers conferred upon it as in ORS 558.200 to
558.440 set out and expressed, sue and be sued, plead and be impleaded in all
actions and suits or other proceedings brought by or against it. [1969 c.698
§18; 1971 c.727 §177]
     558.310
Limitation on right to own or operate equipment. No weather modification
district shall own or operate airplanes, chemicals or other equipment or
appliances for weather modification activities, but must when conducting
weather modification activities hire a person licensed under the provisions of
ORS 558.010 to 558.140. [1969 c.698 §60]
     558.315
Rules concerning district property. Any weather modification district may
adopt and promulgate rules and regulations concerning the use of the property
of the district. [1969 c.698 §27]
     558.320
Duty to carry liability insurance. A weather modification district shall
obtain not later than the 60th day after the date of the election forming such
district and before beginning any weather modification activities liability
insurance coverage of not less than $500,000 bodily injury and $500,000
property damage, to reimburse persons for damages arising from weather
modification activities. [1969 c.698 §61]
     558.325
Cooperative agreements between districts. Weather modification districts
organized under ORS 558.200 to 558.440 may enter into cooperative agreements
with each other providing for the joint use or control of facilities for
weather modification. [1969 c.698 §28]
     558.330
[1969 c.698 §40; repealed by 1971 c.727 §203]
     558.340
Tax assessment, levy and collection; boundary change. (1) The district may
assess, levy and collect taxes each year not to exceed one-fourth of one
percent (0.0025) of the real market value of all taxable property within the
limits of the district, computed in accordance with ORS 308.207. The proceeds
of the tax shall be applied by it in carrying out the objects and purposes of
ORS 558.210, 558.235, 558.300 and 558.345 and for the purpose of financing the
employeesÂ’ retirement system.
     (2) Any such taxes needed shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned.
     (3) All taxes levied by the district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.
     (4) Property shall be subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes.
     (5) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [1969 c.698 §26; 1971 c.727 §178; 1991 c.459 §433; subsection (5) of 2001 Edition enacted as 2001 c.138 §48]
     558.345
Disposal of taxes levied when organization declared invalid. When an
attempt has been made to organize a district under the provisions of ORS
558.200 to 558.440 and subsequently by a judgment of a court it has been
declared that the organization is invalid, but prior to such judgment the
invalid organization has levied taxes, the funds derived from the levy shall be
disposed of as follows:
     (1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of weather modification, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of weather modification.
     (2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.
     (3) If no such subsequent organization is created for weather modification, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1969 c.698 §19; 2003 c.576 §522]
     558.350
EmployeesÂ’ retirement system authorized. (1) A weather modification
district organized under ORS 558.200 to 558.440 may establish an employeesÂ’
retirement system. The commissioners may enter into agreements necessary to
establish the system and carry out the plan and may agree to modifications of
such agreements from time to time.
     (2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employee, either before or after the date on which such employee first becomes a member of the retirement plan. The retirement plan may provide for a minimum of years of service and a minimum and maximum age of retirement for the employee. [1969 c.698 §56]
     558.355
District to budget for retirement system. The district may budget and
provide for payment into the fund of the retirement plan an amount sufficient:
     (1) To provide on an actuarial reserve basis the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in accordance with the terms of the retirement plan.
     (2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employee before or after the date on which such employee becomes a member of the retirement plan. [1969 c.698 §57]
     558.360
Employee contribution. The district may collect, as a contribution from any
employee, that percentage of the salary received by the employee which is
necessary to fund on an actuarial reserve basis the cost of retirement benefits
which the employee is required to provide pursuant to the provisions of a
retirement plan. [1969 c.698 §58]
     558.365
Limitation on membership. Nothing in ORS 558.200 to 558.440 authorizes the
district to budget, provide for payments or collect contributions to fund
retirement benefits for an individual who is not in the employment of the
district at the time of the creation of a membership status under a retirement
plan. [1969 c.698 §59]
(Board of Commissioners)
     558.400
Board of commissioners; powers; qualifications and terms of commissioners.
(1) The power and authority given to districts organized under ORS 558.200 to
558.440 except as therein otherwise provided is vested in and shall be exercised
by a board of commissioners of the number named in the petition for formation,
but not more than five. A commissioner shall be an elector registered in the
district. Except as provided in subsection (2) of this section, commissioners
shall serve for four-year terms.
     (2) Within 10 days after issuance of the formation order, the number of commissioners named in the petition for formation who received the highest vote at the election for formation shall meet and organize, first taking and subscribing an oath of office to the effect that they will support the Constitutions of the United States and of this state and the laws thereof, and will discharge faithfully the duties of commissioner to the best of their ability. They shall determine by lot the length of term each shall hold office as follows:
     (a) If there is an odd number of commissioners, a majority shall have a term expiring June 30 following the first regular district election after formation of the district and a minority shall have a term expiring June 30 following the second regular district election.
     (b) If there is an even number of commissioners, the commissioners shall be divided into two equal groups as to terms. One group shall have a term expiring June 30 following the first regular district election after the formation election and the other group shall have a term expiring June 30 following the second regular district election.
     (3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320. [1969 c.698 §29; 1971 c.727 §179; 1973 c.796 §71; 1975 c.647 §48; 1983 c.83 §103; 1983 c.350 §312; 1983 c.740 §218]
     558.405
[1969 c.698 §33; repealed by 1971 c.23 §12]
     558.410
Board meetings; officers; quorum; employing assistance; employee benefits.
(1) The commissioners shall hold meetings at such time and place within the
district as they may determine upon. Such meetings must be open to the public.
They shall hold at least one regular meeting in each month on a day to be fixed
by them, and may hold special meetings under such rules as they may make.
     (2) The commissioners shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until the first regular meeting in July, or until their successors are elected and qualified. These officers shall have, respectively, the powers and shall perform the duties usual in such cases and shall be known as the president, secretary and treasurer of the district. A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting.
     (3) The commissioners may employ such engineers, superintendents, mechanics, clerks or other persons as they may find requisite, necessary or convenient in carrying on any work of the district and at such rate of remuneration as they may deem just.
     (4) The commissioners may provide life insurance and retirement or pension plans for employees of a weather modification district, provided the insurer issuing such policy is licensed to do business in the State of Oregon. [1969 c.698 §31; 1971 c.23 §11; 1971 c.403 §13; 1973 c.796 §72]
     558.415
Procedure to increase number of commissioners. (1) This section establishes
the procedure that a district having fewer than five commissioners shall use to
decide whether the number of commissioners should be increased to five. The
proposition to increase the number shall be decided by election. The
proposition shall be submitted at the next regular district election if a petition
requesting an election on the proposition is filed as provided in this section.
The requirement for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition in ORS 255.135 to
255.205.
     (2) If a petition is filed under subsection (1) of this section, electors in the district may be nominated for the proposed additional position or positions under ORS 255.235. The electors of the district voting at the regular district election at which the proposition is submitted shall vote for candidates to fill the proposed additional position or positions.
     (3) If the proposition is approved by the electors of the district, the additional commissioner or commissioners, after first taking and subscribing the oath of office, shall be elected to the following terms:
     (a) If one additional commissioner is elected under this section, the term of that commissioner shall expire June 30 next following the next regular district election at which less than one-half of the commissioners, including the additional commissioner, are elected.
     (b) If more than one additional commissioner is elected, at the first regular meeting of the board after the newly elected commissioners take office, the newly elected commissioners shall determine by lot the length of term each shall hold office in a manner so as to comply with ORS 558.400 (2). [1969 c.698 §32; 1973 c.796 §73; 1975 c.647 §49; 1983 c.83 §104; 1983 c.350 §315; 1987 c.158 §118]
     558.420
[1969 c.698 §34; repealed by 1971 c.23 §12]
     558.430
Deposit and withdrawal of moneys; annual reports; records. (1) All moneys
of the district shall be deposited in one or more banks, to be designated by
the commissioners; and shall be withdrawn or paid out only when previously
ordered by vote of the commissioners, and upon checks signed by the treasurer
and countersigned by the chairperson, or in the absence of the chairperson or
inability of the chairperson to act, by the secretary. A receipt or voucher,
showing clearly the nature and items covered by each check drawn, shall be kept
on file.
     (2) Annual reports shall be made and filed by the chairperson, secretary and treasurer, and at least once in each year a full and complete itemized statement of receipts and expenditures shall be published in a newspaper of general circulation, published in the county in which the district is situate.
     (3) All the proceedings of the commissioners shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the district shall be carefully preserved and shall be open to inspection as public records in the office of the county clerk of the county in which the greater part of the district is located. [1969 c.698 §36]
     558.440
Calling special elections. The commissioners at any regular meeting of the
board of commissioners may call a special election of the electors of the
district. [1969 c.698 §30; 1971 c.647 §128; 1983 c.350 §316]
     558.445
[1969 c.698 §2; repealed by 1971 c.647 §149]
     558.500
[1969 c.698 §37; repealed by 1971 c.727 §203]
     558.510
[1969 c.698 §38; repealed by 1971 c.727 §203]
     558.520
[1969 c.698 §39; repealed by 1971 c.727 §203]
     558.550
[1969 c.698 §48; repealed by 1971 c.727 §203]
     558.555
[1969 c.698 §49; repealed by 1971 c.727 §203]
     558.560
[1969 c.698 §50; repealed by 1971 c.727 §203]
     558.565
[1969 c.698 §51; repealed by 1971 c.727 §203]
     558.570
[1969 c.698 §52; repealed by 1971 c.727 §203]
     558.575
[1969 c.698 §53; repealed by 1971 c.647 §149]
     558.580
[1969 c.698 §54; repealed by 1971 c.727 §203]
     558.585
[1969 c.698 §55; repealed by 1971 c.727 §203]
     558.600
[1969 c.698 §41; repealed by 1971 c.727 §203]
     558.610
[1969 c.698 §42; repealed by 1971 c.727 §203]
     558.620
[1969 c.698 §43; repealed by 1971 c.727 §203]
     558.630
[1969 c.698 §44; repealed by 1971 c.727 §203]
     558.650
[1969 c.698 §45; repealed by 1971 c.727 §203]
     558.660
[1969 c.698 §46; repealed by 1971 c.727 §191]
     558.670
[1969 c.698 §47; repealed by 1971 c.727 §203]
PENALTIES
     558.990
Penalties. Any person who violates any provision of ORS 558.010 to 558.140
shall be guilty of a misdemeanor. [1953 c.654 §14]
_______________
CHAPTERS 559 AND 560
[Reserved for expansion]
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