71st OREGON LEGISLATIVE ASSEMBLY--2001 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 238
 
                           B-Engrossed
 
                         House Bill 2291
                   Ordered by the Senate May 4
 Including House Amendments dated March 28 and Senate Amendments
                           dated May 4
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Kurt
  Schrader, Representative Kathy Lowe)
 
 
                             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.
 
  Allows district school board to open school outside of district
with permission of school district in which school will be
located. Provides for withholding of State School Fund moneys if
school opened without permission. { +  Allows school district to
contract bonded indebtedness for uses outside district. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to school districts; creating new provisions; amending
  ORS 328.205; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 332. + }
  SECTION 2.  { + (1) A district school board may lease,
purchase, construct, reconstruct, improve, repair, equip and
furnish a school in another school district and may expend bond
proceeds and other funds available to the board for such purposes
if the board has the written permission of the district school
board of the school district in which the school will be located.
The written permission required by this subsection shall be
obtained prior to the first day on which students will attend
classes in the school.
  (2) If a district school board opens a school in another school
district and does not obtain the written permission required by
subsection (1) of this section, the board of the school district
in which the school has been opened may file a complaint with the
Superintendent of Public Instruction. Upon receipt of a
complaint, the state superintendent shall schedule a contested
case hearing pursuant to ORS 183.413 to 183.470. If it is
determined that the written permission required by subsection (1)
of this section was not obtained, the state superintendent shall
withhold the State School Fund grant otherwise allocated to the
district that opened the school in another district until the
written permission is obtained or until some other date as
determined by the state superintendent. + }
  SECTION 3.  { + Section 2 of this 2001 Act applies to schools
in which students attend classes for the first time on or after
January 1, 2000. + }
  SECTION 4. ORS 328.205 is amended to read:
  328.205. (1) Common and union high school districts may
contract a bonded indebtedness for any one or more of the
following purposes   { - in and - }  for the district:
  (a) To acquire, construct, reconstruct, improve, repair, equip
or furnish a school building or school buildings or additions
thereto;
  (b) To fund or refund the removal or containment of asbestos
substances in school buildings and for repairs made necessary by
such removal or containment;
  (c) To acquire or to improve all property, real and personal,
appurtenant thereto or connected therewith, including school
buses;
  (d) To fund or refund outstanding indebtedness; and
  (e) To provide for the payment of the debt.
  (2) However, when a common or union high school district is
found under ORS 327.103 not to be a standard school or when a
school district is operating a conditionally standard school
under ORS 327.103 (3), the school district may contract a bonded
indebtedness only for the purposes enumerated in subsection (1)
of this section that are approved by the Superintendent of Public
Instruction pursuant to rules of the State Board of Education.
  (3) The school district may use the proceeds received from the
sale of school district bonds to pay for any costs incurred by
such school district in issuing and selling such bonds including,
but not limited to, attorney fees and the cost of publishing
notices of bond elections, printing such bonds and advertising
such bonds for sale.
  SECTION 5.  { + This 2001 Act being necessary  + }  { +  for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + }
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