Chapter 574 Oregon Laws 2003

AN ACT

HB 2193

Relating to community college district boundaries; amending ORS 341.076, 341.102, 341.565, 341.569 and 341.604; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 341.076 is amended to read:

341.076. (1) If, upon final hearing of the study under ORS 341.055, the State Board of Education approves formation of a community college district, with boundaries either as originally presented or as altered pursuant to the hearing, the state board shall make its recommendation to the Legislative Assembly[, or if it is not in session, to the Emergency Board,] in an order describing the exterior boundaries and the zone boundaries for the election of members of the board of education of the community college district, if any. An appeal from the recommendation may be taken within 60 days in the manner provided in ORS 183.480. If no appeal from this recommendation is filed within 60 days after the date of the recommendation, the recommendation becomes final.

(2) If an appeal is filed, the recommendation becomes final on the date the recommendation is affirmed by the court. However, if the recommendation is not affirmed, the state board [shall] may not submit its recommendation to the Legislative Assembly [or to the Emergency Board] but may reconsider the conclusions of its study and if [it] the state board revises those conclusions, [it] the state board may set a date for a new hearing.

[(3) Appeals shall be governed by ORS 183.480.]

[(4)] (3) Upon receipt of the final recommendation, the Legislative Assembly [during session thereof or the Emergency Board if the Legislative Assembly is not in session] shall approve or disapprove the recommendation. If the recommendation is approved, an election under ORS 341.085 [may] shall be held. If the recommendation is disapproved, the state board may revise its recommendation and resubmit a final recommendation to the Legislative Assembly [or the Emergency Board] but not sooner than 60 days after the action of disapproval was taken.

SECTION 2. ORS 341.102 is amended to read:

341.102. If the Legislative Assembly[, or if it is not in session, the Emergency Board,] approves the recommendation submitted under ORS 341.076, 341.565 or 341.579, [it] the Legislative Assembly shall appropriate or allocate to the Department of Community Colleges and Workforce Development moneys necessary to pay the expenses of the election under ORS 341.085, 341.565, 341.569 or 341.579 (1) if the election is to occur within 24 months of the appropriation or allocation. If the election does not occur within the biennium immediately following the appropriation or allocation, the question shall be brought before the next Legislative Assembly. The state shall [have the responsibility of funding] fund the election without regard to the outcome of the election.

SECTION 3. ORS 341.565 is amended to read:

341.565. (1) The State Board of Education shall constitute the boundary board for making any changes in the boundaries of community college districts. The state board on its own motion or on petition from a petitioning territory may propose changes in the boundaries of [the] a community college district. The state board must find that the proposed change will have no substantially adverse effect upon the ability of the affected districts to provide and continue their [program] programs and is not made solely for tax advantages to property owners in the district or area affected by the proposed change. The state board may submit the question of a boundary change to a vote of the electors of the territories affected by the boundary change. The election must be held on the same day in both of the affected territories.

(2) [The petitions] A petition shall be in a form prescribed by the state board and must contain such information as the state board may require. The petition shall contain a minimum number of signatures as fixed by the state board.

(3) Before any order changing boundaries of an existing district is entered, the state board shall set dates for a public hearing in the area to be included in the district or excluded from the district by the proposed boundary change and in the case of annexation of new territory in the principal town of the existing district and shall give notice in the manner required in ORS 341.357. At the time set in the notice, the state board or its authorized representative shall conduct a public hearing on the motion or petition and may adjourn the hearing from time to time.

(4) If, upon final hearing, the state board approves the motion or petition or affirms the vote of the electors of the affected territories, [it] the state board shall make an order describing the revised boundaries of the district. The order becomes final when [it] the order is approved by the Legislative Assembly [during sessions thereof or by the Emergency Board if the Legislative Assembly is not in session]. If the order is not approved, the state board may revise [it] the order and resubmit [its] the order to the Legislative Assembly [or the Emergency Board] but not sooner than 60 days after the action of disapproval was taken.

(5) Any division of assets and liabilities required by a change in the boundaries of a district shall be made pursuant to ORS 341.573.

(6) When the boundaries of a district are changed, if the final order of the state board or [the] an election held under ORS 341.569:

(a) Occurs between July 1 and March 31, inclusive, the change [shall take] takes effect on the June 30 following the final order or election favoring the change.

(b) Occurs between April 1 and June 30, inclusive, the change [shall take] takes effect on the June 30 of the following year.

(7) 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.

SECTION 4. ORS 341.569 is amended to read:

341.569. (1) The State Board of Education [must] shall submit the question of a proposed boundary change to a vote [only] if:

(a) The state board enters the order to revise the boundaries of a community college district;

(b) A remonstrance [signed by at least five percent or at least 500, whichever is less, of the electors either in an area to be included in the district or excluded from the district by the proposed boundary change or in the community college district] is filed with the state board within 20 days after the date on which the hearing under ORS 341.565 is adjourned finally; [and]

(c) The remonstrance is signed by at least five percent of the electors or at least 500 of the electors, whichever is less, in:

(A) An area to be included in the district or excluded from the district by the proposed boundary change; or

(B) The existing community college district; and

[(c)] (d) The area to be included in the district is not surrounded by the territory of a single community college district.

(2) When necessary under subsection (1) of this section, the question shall be submitted to the electors of the area or district filing a remonstrance or in both if remonstrances meeting the requirements of subsection (1) of this section are filed from both.

(3) If the proposed boundary change is defeated, the same or a substantially similar change [shall] may not be considered until at least 12 months have elapsed from the date of the election at which the change was defeated. If the vote is favorable in the area or district from which a remonstrance was filed, the state board shall declare the change effective on the date determined under ORS 341.565.

SECTION 5. ORS 341.604 is amended to read:

341.604. (1) If expansion of a district is approved by the voters, the Legislative Assembly [or the Emergency Board] shall:

(a) For the Rogue Community College District, initially classify and designate two service areas [shall initially be classified and designated] within the district. The first service area shall be coterminous with the boundaries of Jackson County or such portion thereof as is included in the expanded district approved by the voters. The second service area shall be coterminous with the boundaries of Josephine County.

(b) For the Blue Mountain Community College District, classify and designate service areas [shall be classified and designated] within the district. The boundaries of the service areas shall be coterminous with the boundaries of the counties within the district.

(2) Thereafter, the district board by resolution may [additionally] designate as additional service areas any territory or territories within the district that are benefited by the acquisition, construction and installation of community college facilities. Each additional service area [designed] designated by the district board shall be located entirely within the territory of a service area designated in subsection (1) of this section. In no event shall the district board designate as a service area any portion of the district incorporating territory located within two or more service areas designated in subsection (1) of this section.

(3) The district board [shall have no power or authority to] may not amend the boundaries of the service areas designated in subsection (1) of this section. The district board may by resolution amend the boundaries of any additional service area designated pursuant to subsection (2) of this section to conform to changes in the community college services provided by the district. However, the boundaries of a service area [shall] may not be amended if bonded indebtedness issued pursuant to ORS 341.611 or any other indebtedness for the benefit of such service area is then outstanding.

SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 17, 2003

Filed in the office of Secretary of State July 18, 2003

Effective date July 17, 2003

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