2007 Oregon Code - Chapter 558 :: Chapter 558 - Weather Modification
Chapter 558 —
Weather Modification
2007 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 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 materials other than
described in license; renewal; fee
558.066Â Â Â Â Governmental
entities conducting weather modification at airport; exemption
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)
558.200Â Â Â Â Definition
of “county court”
558.203Â Â Â Â Application
of election laws
(Incorporation)
558.210Â Â Â Â Incorporation
for weather modification; limitations as to area
558.235Â Â Â Â Treatment
of forestlands as benefited property
(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
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
558.355Â Â Â Â 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 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
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 daysÂ’ 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
     (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 materials other
than described in license; 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; exemption. 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
Definition of “county court.”
As used in ORS 558.200 to 558.440, “county court” includes board of county
commissioners. [1969 c.698 §1]
     558.203
Application of election laws.
(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
     (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
Treatment of forestlands as benefited property. 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. 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.
(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
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
     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
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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