72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2193
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Community Colleges and Workforce
Development)
CHAPTER ................
AN ACT
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:
Enrolled House Bill 2193 (HB 2193-INTRO) Page 1
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.
Enrolled House Bill 2193 (HB 2193-INTRO) Page 2
(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.
Enrolled House Bill 2193 (HB 2193-INTRO) Page 3
(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. + }
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Passed by House June 19, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2003
...........................................................
President of Senate
Enrolled House Bill 2193 (HB 2193-INTRO) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2193 (HB 2193-INTRO) Page 5