68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 174
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State for the
Oregon Association of County Clerks)
CHAPTER ................
AN ACT
Relating to district elections; creating new provisions; amending
ORS 255.335, 330.425, 332.138, 333.197, 334.045, 334.750,
335.505, 341.125 and section 28, chapter 784, Oregon Laws 1993;
and repealing ORS 332.019 and section 11, chapter 67, Oregon
Laws 1995 (Enrolled House Bill 2236).
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 255.335 is amended
to read:
255.335. (1) The regular district election shall be held by
each district { - , that is not a school district, - } for the
purpose of electing members of the district board to succeed a
member whose term expires the following June 30 and to elect
members to fill any vacancy which then may exist. The election
shall be held in each such district in each odd-numbered year on
the fourth Tuesday in March.
(2) { - Each school district not described in subsection (3)
of this section shall hold the regular district election annually
on the fourth Tuesday in March. - } A district shall not conduct
more than one election of board members in any year.
{ - (3) A school district having a population of 300,000 or
more, according to the latest federal decennial census, shall
hold the regular district election in each odd-numbered year on
the fourth Tuesday in March. - }
{ - (4) - } { + (3) + } The first regular district election
in a district shall be held on the regular district election date
next following the year in which the first members of the
district board were elected or appointed.
{ - (5) - } { + (4) + }The term of a board member elected
at the regular district election shall commence on the first day
of July next following the election, and shall expire June 30
next following the regular district election at which a successor
is elected.
{ - (6) - } { + (5) + } Each district board shall hold a
regular organizational meeting following the regular district
election and not later than the last day of July of that year.
**************************** SECTION 2. ORS 330.425 is amended
to read:
330.425. (1) Each local school committee provided for in the
reorganization plan under ORS 330.530 (1989 Edition) or pursuant
to ORS 330.092 shall consist of three members elected by the
electors of the school district pursuant to ORS chapter 255. At
the first regular district election following the merger of the
school district, there shall be elected three members of each
local school committee. { - The person elected to each
committee who receives the highest number of votes shall serve
for a term of three years, the person who receives the next
highest number of votes shall serve for a term of two years and
the remaining person elected to the local school committee shall
serve for a term of one year. Upon the expiration of the term of
a member, a successor shall be elected to serve for a term of
three years - } { + Each person elected shall serve a term of
two years + }. Members of the local school committee may be
nominated and elected from the attendance area determined by the
district school board or may be nominated from such areas but
elected from the district or may be nominated and elected from
the district, the manner to be determined by the district school
board.
(2) A person shall be nominated as a candidate for member of a
local school committee by filing a petition for nomination or a
declaration of candidacy under ORS 255.235. If a candidate is
nominated by petition and members are nominated from attendance
areas, the petition must be signed by at least 10 electors
residing in the attendance area from which the candidate seeks
nomination.
**************************** SECTION 3. ORS 332.138 is amended
to read:
332.138. At each regular { - biennial - } { + district + }
election { + described in ORS 255.335 + }, school directors
{ - in districts of 300,000 or more according to the latest
federal census - } shall be elected for a term of four years to
succeed the directors whose terms of office expire on June 30 of
that year. All such elections of school directors shall be held
as provided by ORS chapter 255.
**************************** SECTION 4. ORS 333.197 is amended
to read:
333.197. (1) At the same meeting at which the zoning resolution
is adopted following the formation of or consolidation involving
a county school district, the district boundary board shall also
adopt a resolution calling a special election for the election of
the school board of the county school district.
(2) Candidates for director shall be nominated and the district
boundary board shall give notice and conduct the special election
in the manner provided by law for zoned common school districts
with a population of less than 300,000.
(3) At the special election five directors shall be elected by
the electors of the district at large for terms of { - one, - }
two { - , three - } and four years respectively.
(4) The ballot shall designate each position to be filled by
its zone number or name in the same manner as at { - an
annual - } { + a + } county school district election except
that it shall not state the number of years in each term. The
candidate in each zone who receives the plurality of the votes
for such position shall be elected the director for the zone.
(5) Of the five directors who are elected to the county school
board, the two directors who received the most votes shall hold
the four-year terms { - , the director who received the third
most votes shall hold the three-year term, the director who
received the fourth most votes shall hold the two-year term and
the director who received the least votes shall hold the one-year
term - } { + and the remaining directors shall hold the
two-year terms + }.
Enrolled Senate Bill 174 Page 2
**************************** SECTION 5. ORS 334.045 is amended
to read:
334.045. (1) In education service districts { - having a
population of less than 550,000 according to the latest federal
census - } , members of the board shall be elected at the time of
the regular { - school - } { + district + } election
{ + described in ORS 255.335 + } for the term commencing July 1
as provided in ORS 334.090. For this purpose, a district election
shall be held in such districts in those zones from which a
member or members of the board are to be elected, and in the
district as a whole when a member or members at large are to be
elected. { + The registrar of elections of the county in which
such district is located shall be the election officer for such
elections. + }
{ - (2) In any education service district which has a
population of 550,000 or more according to the latest federal
census, members of the board shall be elected at the regular
biennial election for the term commencing July 1 as provided in
ORS 334.090. The registrar of elections of the county in which
such district is located shall be the election officer for such
elections. - }
{ - (3) - } { + (2) + } The education service district
shall pay the actual cost of printing ballots and tally sheets
for each election under
{ - subsection (2) of - } this section, and the cost of
checking signatures on certificates of nomination, together with
such proportionate part of the general expenses of such election
as provided in ORS 255.305.
{ - (4) - } { + (3) + } All elections of members of the
board shall be held as provided in ORS chapter 255.
**************************** SECTION 6. ORS 334.750 is amended
to read:
334.750. (1) The board of directors of the new education
service district shall take office on July 1 of the year
following its election.
(2) { - If the new education service district has a
population of 550,000 or more, according to the latest federal
census, - } The minority of directors { + of the new education
service district + } shall serve terms expiring June 30 next
following the first regular district election and the majority of
directors shall serve terms expiring June 30 next following the
second regular district election.
{ - (3) If the new education service district has a
population of less than 550,000, according to the latest federal
census, and if the number of directors elected is seven or
nine: - }
{ - (a) Two directors shall serve terms expiring June 30 next
following the fourth regular district election. - }
{ - (b) Two directors shall serve terms expiring June 30 next
following the third regular district election. - }
{ - (c) Two directors shall serve terms expiring June 30 next
following the second regular district election. - }
{ - (d) The remaining director or directors shall serve a
term expiring June 30 next following the first regular district
election. - }
{ - (4) If the new education service district has a
population of less than 550,000, according to the latest federal
census, and if the number of directors elected is 11: - }
{ - (a) Three directors shall serve terms expiring June 30
next following the fourth regular district election. - }
Enrolled Senate Bill 174 Page 3
{ - (b) Three directors shall serve terms expiring June 30
next following the third regular district election. - }
{ - (c) Two directors shall serve terms expiring June 30 next
following the second regular district election. - }
{ - (d) Three directors shall serve a term expiring June 30
next following the first regular district election. - }
{ - (5) - } { + (3) + } The directors first elected shall
determine by lot the length of term each shall hold office.
{ - (6) - } { + (4) + } Notwithstanding any other
provisions of law, the term of office of boards of directors of
preexisting education service districts shall terminate on the
date in which the new education service district comes into
existence and its new board of directors qualifies to hold
office.
**************************** SECTION 7. Section 28, chapter
784, Oregon Laws 1993, is amended to read:
{ + Sec. 28. + } (1) The board of directors of the education
service district formed by the merger shall take office on July 1
of the year following its election.
(2) { - If the education service district formed by the
merger has a population of 550,000 or more, according to the
latest federal census, - } The minority of directors { + of the
education service district formed by the merger + } shall serve
terms expiring June 30 next following the first regular district
election and the majority of directors shall serve terms expiring
June 30 next following the second regular district election.
{ - (3) If the education service district formed by the
merger has a population of less than 550,000, according to the
latest federal census: - }
{ - (a) Two directors shall serve terms expiring June 30 next
following the fourth regular district election. - }
{ - (b) Two directors shall serve terms expiring June 30 next
following the third regular district election. - }
{ - (c) Two directors shall serve terms expiring June 30 next
following the second regular district election. - }
{ - (d) One director shall serve a term expiring June 30 next
following the first regular district election. - }
{ - (4) - } { + (3) + } The directors first elected shall
determine by lot the length of term each shall hold office.
{ - (5) - } { + (4) + } Notwithstanding any other
provisions of law, the terms of office of boards of directors of
preexisting education service districts shall terminate on the
date on which the education service district formed by the merger
comes into existence and its new directors qualify to hold
office.
**************************** SECTION 8. ORS 341.125 is amended
to read:
341.125. (1) The first board of education of a district shall
be elected at the same election as the election at which votes
are cast for the formation of the district. Nominations for the
board of education positions to be filled by nomination and
election at-large shall be made by petition requesting that such
person's name be placed on the ballot and signed with the
signatures of at least 50 electors registered in the proposed
district. If the district has been zoned and the position is to
be filled by nomination or election by zone, the petition shall
be signed by at least 25 electors registered in the zone. The
petition shall be presented to the state board at least 70 days
prior to the election. Upon receipt of petitions which comply
Enrolled Senate Bill 174 Page 4
with applicable law, the state board shall cause the names of
such nominees to be placed upon the ballot.
(2) Seven members shall be elected to the first board, to serve
terms of four { - , four, three, three, two, two - } and
{ - one - } { + two + } years respectively in accordance with
the number of votes each receives with the { + three + } members
receiving the largest number of votes serving the four-year
terms. The terms of office of the members of the first board
shall be computed from the date of June 30 subsequent to the date
of their election, but the members shall take office immediately
following the election. If for any reason a district is not
formed, the election of board members for that proposed district
is void.
(3) If the district has been zoned, the state board shall
designate the positions to be nominated or elected by zone and
shall specify the length of the term to be served by each member
of the first board elected by zone.
(4) { + If the election is at large, + } the length of the
term of office of members of the first board elected
{ - at-large - } shall be determined in accordance with the
number of votes each receives in the election. Those receiving
the highest number of votes may serve the four-year terms,
subject to any term designations made by the state board under
subsection (3) of this section.
**************************** SECTION 8a. { + Section 11,
chapter 67, Oregon Laws 1995 (Enrolled House Bill 2236) (amending
ORS 341.125), is repealed. + }
**************************** SECTION 9. ORS 335.505 is amended
to read:
335.505. (1) Notwithstanding any other statute, whenever
kindergarten and grades 1 through 12 of the common schools within
the union high school district come under the jurisdiction of the
union high school board or whenever as a result of merger or
boundary change the area within the boundaries of the union high
school district becomes a single component school district having
boundaries coterminous with the union high school district, the
union high school district and its component districts other than
split districts are to be considered merged and the area within
the boundaries of the union high school district, excluding that
part of any split school district that is within the boundaries,
becomes a common school district responsible for educating
children in kindergarten and grades 1 through 12 and all
territory therein is withdrawn from any other type of school
district except the education service district or the community
college district of which it may have been a part.
(2) The union high school board shall continue as the board of
the district. If the board is increased to seven members as part
of the vote to lengthen the course of study or the merger
proposal, the board shall appoint the two additional members in
the manner prescribed for filling vacancies under ORS 332.030
(4), except that the board shall establish by lot the terms of
office of the appointed members at less than an initial four-year
term
{ - to assure compliance with the provisions of ORS 332.019 - }
.
(3) The terms of all board members in all component school
districts other than split school districts shall terminate at
the time the union high school board becomes the district school
board.
Enrolled Senate Bill 174 Page 5
(4) All property and obligations of the component school
districts other than split school districts shall become the
property and obligations of the new common school district except
to the extent that it was otherwise provided when such district
is formed by merger.
(5) Whenever at the time a new common school district is formed
as provided in subsection (1) of this section, if any component
school district is a split school district, such district shall
continue to exist and shall become responsible for education in
kindergarten and grades 1 through 12 for students resident in the
split district.
(6) No school district employee shall be deprived of seniority
or accumulated sick leave solely because the duties of the
employee have been assumed or acquired by another school district
as a result of lengthening the course of study.
(7) As used in this section, 'property and obligations '
includes all contractual obligations, employment and service
contracts, collective bargaining agreements and district assets
and liabilities.
**************************** SECTION 10. { + (1) In order to
carry out the transition from holding regular district elections
annually on the fourth Tuesday in March for school districts
having a population of less than 300,000 and education service
districts having a population of less than 550,000, to holding
regular district elections only on the fourth Tuesday in March in
odd-numbered years, notwithstanding any other provision of law
establishing lengths of terms, any member of a district board
elected prior to the effective date of this Act whose term of
office expires on June 30 in an even-numbered year shall continue
in office until June 30 following the next regular district
election in an odd-numbered year. The office shall be filled at
the regular district election in the odd-numbered year.
(2) As used in this section, 'district' means a district as
defined in ORS 255.012. + }
**************************** SECTION 11. { + ORS 332.019 is
repealed. + }
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Passed by Senate March 3, 1995
Repassed by Senate May 22, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 174 Page 6
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 174 Page 7