68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1706
Senate Bill 262
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 Senate Interim Committee on
Revenue and School Finance for the Department of Education)
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.
Changes requirements of State Board of Education's order
designating education service districts. Creates Grant and
Wheeler County education service district.
A BILL FOR AN ACT
Relating to education service districts; creating new provisions;
amending ORS 255.335, 330.003 and 334.020 and sections 25, 26
and 31, chapter 784, Oregon Laws 1993; and repealing sections
22a, 24, 27, 28, 29 and 30, chapter 784, Oregon Laws 1993.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 330.003 is amended to read:
330.003. For purposes of section 11f, Article XI, Oregon
Constitution:
(1)(a) 'Merger' includes any alteration, annexation, merger,
consolidation, lengthening the course of study or other change
under ORS 330.090 to 330.107, 335.490 to 335.505, ORS chapter
333, and in the case of education service districts to which ORS
334.350 to 334.400 apply, ORS 334.710 to 334.770.
(b) 'Merger' includes only those proceedings in which the
entire territory of an involved school district is merged. If the
entire territory of a school district is merged with more than
one other district, the tax base amount determined under section
11f, Article XI, Oregon Constitution, shall be apportioned on the
basis of the assessed valuation on the last roll certified as
required in ORS 311.105 and delivered to the tax collector
pursuant to ORS 311.115.
{ - (c) 'Merger' includes education service districts subject
to merger under section 25, chapter 784, Oregon Laws 1993. - }
(2) 'School district' means a taxing district providing public
elementary or secondary education, or any combination thereof,
within this state, and specifically includes a component school
district of an education service district that levies taxes for
its component school districts and the education service district
itself. 'School district' { - also includes - } { + does not
include + } any other education service district.
SECTION 2. Section 25, chapter 784, Oregon Laws 1993, is
amended to read:
{ + Sec. 25. + } (1) On or before March 31, 1996, the State
Board of Education shall enter orders { - merging the
component - } { + designating the 19 + } education service
districts listed in ORS 334.020 { - into the education service
district - } for each region and shall specify the effective
date of the orders. However, if any of the education service
districts described in ORS 334.020 have { - merged - }
{ + formed by annexation + } prior to { - the effective date
of this Act - } { + November 4, 1993 + }, the
{ + surviving + } district { - formed by the merger - } may
exercise powers granted in { - this Act after the effective
date of this Act - } { + chapter 784, Oregon Laws 1993, after
November 4, 1993 + }. No remonstrance shall be allowed to affect
the orders.
{ + (2) For regions that contain more territory than a single
education service district prior to the state board's order under
subsection (1) of this section, the state board shall name the
surviving education service district in the board's order. The
board's order shall constitute an annexation under section 11
(4)(b), Article XI of the Oregon Constitution by the surviving
district of all of the area in the region that lies outside the
surviving district.
(3) For regions that contain only a single education service
district prior to the board's order under subsection (1) of this
section, the state board's order shall constitute a continuation
of the existing education service district, and the district's
tax base shall be determined under section 11 (2), Article XI of
the Oregon Constitution.
(4) During the first fiscal year following the issuance of the
state board's order concerning an education service district
described under subsection (2) of this section, the taxing
authority of the district, except as to taxes permitted under
section 11 (3), Article XI of the Oregon Constitution, shall be
limited to the lesser of the following:
(a) The amount determined under section 11 (4)(b), Article XI
of the Oregon Constitution; or
(b) The sum of the tax base amounts for each of the education
service districts lying within the region, as otherwise
determined under section 11 (2), Article XI of the Oregon
Constitution.
(5) After the first fiscal year following issuance of the state
board's orders, the tax bases of the education service districts
shall be determined under section 11 (2), Article XI of the
Oregon Constitution.
(6) Although the regional education service districts are not
new districts for purposes of section 11, Article XI of the
Oregon Constitution, the state board may give the education
service district a new name and the affected county assessors may
give the education service district a new number that has not
previously been used. + }
{ - (2) The state board shall give the education service
district formed by the merger a new name and the affected county
assessors shall give the education service district a new number
that has not previously been used. - }
{ - (3) The education service district formed by the merger
shall become identified with the newly named education service
district and the former districts shall not use their former
names. - }
{ - (4) - } { + (7) + } The employees of { - the
component - } education service districts { + that are annexed
by a surviving school district + } { - of the education service
district formed by the merger - } shall be considered to be
employees of the { + surviving + } district { - formed by the
merger - } , which shall succeed the other districts { - in the
merger - } as a party to their respective contracts of
employment.
{ - (5) - } { + (8) + } All real and personal property
belonging to { - the component - } education service districts
{ - within the education service district formed by the
merger - } { + that are annexed by a surviving school
district + } shall become the property of { - that - } { +
the surviving + } district.
{ - (6) - } { + (9) + } The order of the state board shall
include provisions for the liability of any outstanding bonded
indebtedness to be spread over the entire area of the education
service district { - formed by the merger - } .
SECTION 3. Section 26, chapter 784, Oregon Laws 1993, is
amended to read:
{ + Sec. 26. + } (1) Before the effective date of the order
under section 25 { + , chapter 784, Oregon Laws 1993 + } { - of
this Act - } , the State Board of Education shall divide each
education service district
{ - formed by the merger - } { + that contained more than a
single education service district prior to the annexation + }
into as many zones as the state board considers necessary to
elect board members, but at least two members shall be elected at
large. The zones shall be as nearly equal in population as may be
practicable.
{ - (2) After the zones required in subsection (1) of this
section are established, the State Board of Education shall call
a special election in the district formed by the merger for the
purpose of electing directors, one of whom shall be elected from
each zone established under subsection (1) of this section by the
electors of the zone. - }
{ - (3) Sections 26 to 29 of this Act do - } { + (2) This
section does + } not apply to any education service districts
{ - the boundaries of which are not changed by operation - }
{ + that contained only a single education service district
prior to the board's orders under section 25 (1), chapter 784,
Oregon Laws, 1993 + } { - of this Act - } .
{ + (3) Following the state board's orders under subsection
(1) of this section, the board of directors of the education
service districts shall have the responsibility for any future
rezoning or adjustments to the boundaries of zones as provided
under ORS 334.032. + }
{ - (4) A notice of the election required by subsection (2)
of this section shall be filed with the filing officer pursuant
to ORS chapter 255 within 90 days after the zones required in
subsection (1) of this section are established. - }
SECTION 4. Section 31, chapter 784, Oregon Laws 1993, is
amended to read:
{ + Sec. 31. + } (1) Notwithstanding the dates specified in
section
{ - 24 or 25 of this Act - } { + 25, chapter 784, Oregon Laws
1993 + }, electors shall be entitled to vote in any elections
affecting the education service district in which they will
reside when the { - mergers and - } annexations authorized by
{ - this Act - } { + chapter 784, Oregon Laws 1993, + } take
effect, including voting for candidates to serve on the education
service district board and on tax measures after the effective
dates in section { - 24 or 25 of this Act - } { + 25, chapter
784, Oregon Laws 1993 + }, if the electors are eligible to vote
in the district in which the electors reside prior to the
effective date of the order.
(2) Notwithstanding ORS 334.090, eligible electors as described
in subsection (1) of this section shall be eligible to be
candidates for the education service district board to serve
thereon and to serve on the budget committee if the electors are
eligible to be board candidates or budget committee members in
the district in which the electors reside prior to the applicable
effective date of the order.
(3) Notwithstanding subsections (1) and (2) of this section, an
elector shall not be eligible to vote after a boundary change
under { - this Act - } { + chapter 784, Oregon Laws 1993, + }
when the election is held on a date occurring between:
(a) The 90th day before the primary or general election and the
date of the election; or
(b) The deadline for filing the notice of election before any
other election and the date of the election.
SECTION 5. { + (1) In each of the education service districts
to which section 26, chapter 784, Oregon Laws 1993, applies:
(a) The board of directors of the surviving district shall
continue as the board of the education service district until
June 30, 1997, when the terms of all of the directors shall
expire.
(b) The terms of directors in districts located in areas
annexed to the surviving district shall expire upon the effective
date of the annexation.
(c) The district election authority shall place on the ballot
at the regular district election held in March 1997 the director
positions necessary to replace those directors whose terms expire
under subsection (1)(a) of this section. Directors shall take
office on July 1, 1997.
(d) Candidates for the election held under subsection (1)(c) of
this section shall be nominated as provided under ORS 334.035.
(e) For education service districts with a population of
550,000 or more, according to the latest federal census, the
minority of directors shall serve terms expiring June 30 next
following the first regular district election after the directors
take office, and the majority of directors shall serve terms
expiring June 30 next following the second regular district
election after the directors take office.
(f) For education service districts with a population of less
than 550,000, according to the latest federal census:
(A) Four directors shall serve terms expiring June 30 next
following the second regular district election after the
directors take office.
(B) Three directors shall serve a term expiring June 30 next
following the first regular district election after the directors
take office.
(2) Directors elected under this section shall determine by lot
the length of term each shall hold office. + }
SECTION 6. 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
{ + and an education service district having a population of
550,000 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) 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) 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) 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 7. ORS 334.020 is amended to read:
334.020. (1) On and after the effective date of the order
entered under section 25, chapter 784, Oregon Laws 1993, except
as the boundaries of an education service district may be changed
by merger under ORS 334.710 to 334.770 or other provision of law,
the education service districts are as follows:
(a) Region 1. Clatsop, Columbia, Tillamook and Washington
Counties.
(b) Region 2. Multnomah County.
(c) Region 3. Marion County.
(d) Region 4. Lincoln, Linn and Benton Counties.
(e) Region 5. Lane County.
(f) Region 6. Douglas County.
(g) Region 7. Coos and Curry Counties and the area lying within
the Reedsport School District.
(h) Region 8. Jackson and Josephine Counties.
(i) Region 9. Hood River, Wasco, Sherman { - , - } { +
and + } Gilliam { - and Wheeler - } Counties.
(j) Region 10. Crook, Deschutes and Jefferson Counties and the
area comprising the Warm Springs Reservation.
(k) Region 11. Lake County.
(L) Region 12. Umatilla and Morrow Counties.
(m) Region 13. Union { - , - } { + and + } Baker { - and
Grant - } Counties.
(n) Region 14. Malheur County and the area comprising the
Huntington School District.
(o) Region 15. Clackamas County.
(p) Region 16. Polk and Yamhill Counties.
(q) Region 17. Harney County.
(r) Region 18. Wallowa County. { +
(s) Region 19. Grant and Wheeler Counties. + }
(2) Where a boundary change or formation of a common school or
union high school district results in a joint school district,
the joint school district shall be included in the education
service district in which the joint district's administrative
office is located.
SECTION 8. { + Sections 22a, 24, 27, 28, 29 and 30, chapter
784, Oregon Laws 1993, are repealed. + }
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