72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 11
 
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
  General Government)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to school districts; creating new provisions; amending
  ORS 12.270, 294.060, 326.310, 326.355, 327.403, 328.001,
  328.005, 328.255, 328.441, 328.465, 330.003, 330.005, 330.092,
  334.350, 335.090, 335.095, 339.005, 343.236 and 431.412 and
  section 1, chapter 958, Oregon Laws 2001; repealing ORS
  330.310, 333.005, 333.020, 333.050, 333.060, 333.071, 333.090,
  333.126, 333.130, 333.145, 333.155, 333.165, 333.175, 333.195,
  333.197, 333.205, 333.215, 333.240, 333.280, 333.290, 333.305,
  333.310, 333.320, 333.330, 333.340, 333.350, 333.360, 333.510,
  333.520, 333.540, 333.550, 333.561, 333.570, 333.580 and
  333.610; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + (1) A county school district that exists on the
effective date of this 2003 Act shall discontinue as a county
school district and become a common school district.
  (2) On and after the effective date of this 2003 Act, all laws
that apply to common school districts shall apply to school
districts that existed as county school districts prior to the
effective date of this 2003 Act. + }
  SECTION 2. ORS 326.310 is amended to read:
  326.310. Except as provided by ORS 326.041, 326.051, 326.375,
341.005, 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933,
the Superintendent of Public Instruction shall exercise, under
the direction of the State Board of Education, a general
superintendence of school officers and the public schools. In
carrying out the duties of office, the Superintendent of Public
Instruction shall:
  (1) Act as administrative officer of the State Board of
Education.
  (2) Act as executive head of the Department of Education and
direct and supervise all activities of the department.
  (3) Assist all district school boards  { - , - }   { + and + }
education service district boards   { - and county school
boards - }  in answering questions concerning the proper
administration of the school laws, the rules of the State Board
of Education and the ministerial duties of school officers and
teachers. The decision of the superintendent shall guide school
officers and teachers in the performance of their duties relating
 
 
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to the matters decided. The superintendent may submit any
question to the State Board of Education which shall then decide
the question.
  (4) Obtain and compile such statistical information relative to
the condition and operation of the public schools as the
superintendent or the state board may consider advisable for the
advancement of education and for the information of the state
board and the public.
  (5) Appoint, subject to the State Personnel Relations Law and
with the approval of the State Board of Education, such personnel
as may be necessary for the performance of the duties of the
office of the superintendent. The Superintendent of Public
Instruction may designate one or more suitable persons to sign or
countersign warrants, vouchers, certificates or other papers and
documents requiring the signature of the superintendent.
  (6) Administer and supervise adult education programs in the
public elementary and secondary schools.
  (7) Perform such other functions as may be necessary to the
performance of the duties of the superintendent.
  SECTION 3. ORS 326.355 is amended to read:
  326.355. (1) The Superintendent of Public Instruction shall
prorate the annual estimate of census as provided in ORS 327.410
and 327.420 in proportion as the resident average daily
membership of each education service district   { - or county
school district - } bears to the total resident average daily
membership of the state and certify such to the administrative
officer of each education service district   { - or county
office - } .
  (2) Subject to guidelines approved by the Superintendent of
Public Instruction, the administrative officer of each education
service district   { - or county school officer - }  shall
apportion the census so certified to those common school
districts reporting to the education service district   { - or
county school office - } . The estimated district census
determined by this manner shall be deemed applicable to all
statutory references to the term ' census' or 'school age child'
in Oregon Revised Statutes.
  SECTION 4. ORS 327.403 is amended to read:
  327.403. As used in ORS 327.405 to 327.480, unless the context
requires otherwise, 'administrative office for the county' means
the administrative office of the education service district
 { - , the county school district, - }  or  { + of + } any common
school district   { - which - }   { + that + } includes an entire
county.
  SECTION 5. ORS 328.001 is amended to read:
  328.001. As used in this chapter, unless the context requires
otherwise:
  (1) 'Administrative office for the county' means the
administrative office   { - of the county school district, - }
of the education service district, or of any common school
district
  { - which - }   { + that + } includes an entire county.
  (2) 'School district' includes common and union high school
districts.
  SECTION 6. ORS 328.005 is amended to read:
  328.005. (1) The governing body of each county shall create a
county school fund.
  (2) When a county governing body transfers federal forest
reserve receipts under ORS 294.060   { - (5) - }  { +  (4) + }
subject to a condition that such moneys be used only for a
 
 
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purpose described in ORS 328.205 (1)(a) or (c), a school district
receiving a share of such moneys   { - shall - }  { +  may + }
not use the moneys for any other purpose.
  SECTION 7. ORS 328.255 is amended to read:
  328.255. (1) The county treasurer or county fiscal officer
shall register each school district bond, including refunding
bonds, and negotiable interest-bearing warrants in a book kept
for that purpose, noting the school district, amount, date, time
and place of payment, rate of interest and such other facts as
may be deemed proper. The county treasurer or fiscal officer
shall cause the bonds or warrants to be delivered promptly to the
purchasers thereof upon payment therefor, and if the place of
delivery is outside the city in which the county treasurer or
county fiscal officer's office is situated the cost of delivery
of the bonds or warrants shall be paid by the issuing school
district.
  (2) The county treasurer or county fiscal officer or a
custodial officer as defined in ORS 294.004 may hold the proceeds
of the sale of the bonds or warrants for all school districts
  { - except county school districts - }  subject to the order of
the district school board to be used solely for the purpose for
which the bonds or warrants were issued. If the treasurer or
fiscal officer holds the proceeds initially, then the treasurer
or fiscal officer, as soon as practicable, shall deliver the
proceeds of the sale of the bonds and warrants to the person
designated as custodian of the school district funds under ORS
328.441.
  (3) When the bonds or warrants have been so executed,
registered and delivered, their legality shall not be open to
contest by the school district, or by any person for or on its
behalf, for any reason whatever.
  SECTION 8. ORS 328.441 is amended to read:
  328.441. (1) Common school district boards and union high
school district boards shall designate the persons to be
custodians of school funds of their respective districts. Such
funds shall be disbursed only in the manner provided by ORS
328.445 (1).
    { - (2) A county school board, by resolution entered in its
record of board proceedings, may designate the person to be the
custodian of the school district funds. In such case, subsections
(1), (2) and (3) of this section shall apply to the county school
district and subsection (4) of this section shall not apply. - }
    { - (3) - }  { +  (2) + } For the purpose of receiving
deposits of school funds, the district school board of each
district described in
  { - subsections - }  { +  subsection + } (1)   { - and (2) - }
of this section shall designate such bank or banks within the
county or counties in which the district is located, as the board
deems safe and proper depositories for school district funds. The
custodian designated under subsection (1)   { - or (2) - }  of
this section   { - shall - }  { +  is + } not   { - be - } liable
personally or upon official bond of the custodian for moneys lost
by reason of failure or insolvency of any bank   { - which - }
 { +  that + } becomes a depository under this subsection.
    { - (4) - }   { + (3) + } If the district does not designate
a custodian of school funds, the county treasurer or county
fiscal officer shall be custodian of funds of all school
districts. School district funds in the county treasurer's or
county fiscal officer's custody shall be disbursed only upon
 
 
 
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warrants drawn on the county treasurer or county fiscal officer
by the district school board in the manner provided by law.
    { - (5) - }   { + (4) + } The proceeds of the sale of school
district bonds or warrants shall be used solely for the purpose
for which the bonds or warrants were issued, including reduction
of existing bond or warrant indebtedness.
  SECTION 9. ORS 328.465 is amended to read:
  328.465. (1) All common and union high school district boards
shall cause to have prepared an annual audit of the books and
accounts of the district in the manner set forth in subsection
(2) or (3) of this section.   { - County school districts shall
cause the audit to be prepared as provided in subsection (3) of
this section. - }  The audit statements must be filed with the
administrative office for the county on or before November 1 of
the year in which the audit is conducted.
  (2) The district school board may contract for its audit with
the administrative office for the county in which the
administrative office of the school district is located. The
administrative office for the county shall secure the services of
accountants who shall audit the books and accounts of the
districts and file with the administrative office for the county
a statement setting forth the financial condition of each
district.  A copy of the audit report of the district shall be
sent to the appropriate district board. Each district, upon
receipt of billing from the administrative office for the county,
shall pay its share of the audit costs.
  (3) The district board may employ accountants to audit the
books and accounts of the district.
  (4) Accountants employed under subsection (2) or (3) of this
section must be selected from the roster of authorized municipal
accountants maintained by the Oregon Board of Accountancy under
ORS 297.670.
  (5) The audit required by this section shall include an audit
of those factors that are used to compute the State School Fund
distribution under ORS 327.013.
  SECTION 10. ORS 330.003 is amended to read:
  330.003. For purposes of this chapter:
  (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. The
permanent rate limit for operating taxes for a school district
after merger shall be the rate that would produce the same
operating tax revenue as the school districts prior to merger
would have cumulatively produced in the year of merger if the
merger, not taking into account any applicable statutory rate
limit, had not occurred.
  (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' does not include any other education
service district.
  SECTION 11. ORS 330.003, as amended by section 36, chapter 695,
Oregon Laws 2001, is amended to read:
 
 
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  330.003. For purposes of this chapter:
  (1)(a) 'Merger' includes any alteration, annexation, merger,
consolidation, lengthening the course of study or other change
under ORS 330.090 to 330.107, 334.710 to 334.770 and 335.490 to
335.505   { - and ORS chapter 333 - } .
  (b) 'Merger' includes only those proceedings in which the
entire territory of an involved school district is merged. The
permanent rate limit for operating taxes for a school district
after merger shall be the rate that would produce the same
operating tax revenue as the school districts prior to merger
would have cumulatively produced in the year of merger if the
merger, not taking into account any applicable statutory rate
limit, had not occurred.
  (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' does not include any other education
service district.
  SECTION 12. ORS 330.005 is amended to read:
  330.005. (1) For public school purposes, this state is divided
into subdivisions known as school districts.
  (2) For purposes of the school laws of this state, unless the
context requires otherwise:
  (a) 'School district' includes a common school district, a
joint school district and a union high school district.
  (b) 'Common school district' means a school district,
  { - including a county school district formed under ORS chapter
333, - } other than a union high school district { + , + } formed
primarily to provide education in all or part of kindergarten
through grade 12 to pupils residing within the district.
  (c) 'Joint school district' means a common or union high school
district with territory in more than one county.
  (d) 'Union high school district' means a school district, other
than a common school district, that is responsible for education
in high school grades but not in primary grades, formed in
accordance with ORS 335.210 to 335.485 (1963 Replacement Part).
  (e) 'Governing body of the county' means the county court, the
board of county commissioners or the unit of government
designated by the county charter to exercise the power or duty
prescribed in the section in which the term occurs.
  (f) 'Most populous district' means the school district
  { - which - }   { + that + } has the largest number of pupils
in average daily membership, as defined in ORS 327.006.
  SECTION 13. ORS 330.092 is amended to read:
  330.092. The boundaries of a school district   { - shall - }
 { +  may + } not be changed except:
  (1) Pursuant to ORS 330.090 (1) or (3).
  (2) By a vote of the people pursuant to  { - : - }
    { - (a) ORS chapter 333; or - }
    { - (b) - }  the lengthening of the course of study under ORS
chapter 335.
  (3) By the mutual consent of the district school boards of the
two or more affected districts in the manner prescribed in ORS
330.080 to 330.107.
  (4) On a request for change or merger proposal submitted to the
district boundary board by electors of the affected districts in
the manner prescribed in ORS 330.080 to 330.107.
  SECTION 14. ORS 334.350 is amended to read:
 
 
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  334.350. ORS 334.350 to 334.400 apply to every education
service district which immediately prior to August 20, 1957,
included the territory of every first class school district as
defined in ORS 330.020 (1963 Replacement Part) and of every union
high school district   { - and any county high school
district - }  located within the boundaries of the education
service district.
  SECTION 15. ORS 335.090 is amended to read:
  335.090. (1) The high school education of all children of
school age resident within a school district   { - which - }
 { +  that + } does not operate a high school or   { - which - }
 { +  that + } is not a component part of a union high school
district   { - or of a county high school district - } shall be
the responsibility of the district.
  (2) The district shall pay the tuition of all pupils resident
within the district who are qualified to attend and are attending
a standard public high school either within or outside the state.
  (3) The district shall provide for transportation to the
nearest standard public high school which pupils may attend.
Reasonable board and room may be furnished instead of
transportation if desired. If the district arranges for the
attendance of pupils at a standard public high school other than
the nearest one pupils may attend, then the district shall
provide for transportation to the standard public high school
which the pupils are attending.
  (4) The estimated cost of tuition and transportation or board
and room instead of transportation shall be included in and be a
part of the budget and shall be levied as provided in ORS
335.095.
  SECTION 16. ORS 335.095 is amended to read:
  335.095. The amounts required to meet the expenses of a school
district under ORS 335.090 shall be certified to the county
assessor separately. No tax shall be levied for the purposes of
ORS 335.090 against property included in a union high school
district   { - or a county high school district - } .
  SECTION 17. ORS 339.005 is amended to read:
  339.005. As used in ORS 339.040 and 339.125, unless the context
requires otherwise, 'administrative office for the county' means
the administrative office of the education service district
 { - , of the county school district - }  or of a common school
district   { - which - }   { + that + } includes an entire
county.
  SECTION 18. ORS 343.236 is amended to read:
  343.236. (1) The Superintendent of Public Instruction may
provide special education on a local, county or regional basis
without regard to county boundaries in all areas of the state for
children who have:
  (a) A visual impairment;
  (b) A hearing impairment;
  (c) Blindness or deafness, or both;
  (d) An orthopedic impairment; or
  (e) Autism.
  (2) The Superintendent of Public Instruction may operate and
administer a local, county or regional program of special
education or the superintendent may contract for the operation
and administration of the program with a school district
 { - , - }  { +  or + } an education service district  { - , a
county school district or a common school district having
jurisdiction over an entire county - } .
 
 
 
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  (3) The State Board of Education by rule shall establish
eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in
facilities operated under ORS 346.010.
  (4) A school district which contracts to provide a program
under this section shall be paid for the state-approved program
as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental
programs with participating school districts.
  SECTION 19. Section 1, chapter 958, Oregon Laws 2001, is
amended to read:
   { +  Sec. 1. + } Distribution of moneys from federal Secure
Rural Schools and Community Self-Determination Act. (1) The
purpose of this section is to ensure that school districts
receive a percentage of amounts received by the state under the
Secure Rural Schools and Community Self-Determination Act of 2000
(P.L.  106-393).
  (2) The Oregon Department of Administrative Services shall
distribute all sums received by the state pursuant to section
102(a)(2), (c)(1) and (d)(1)(A), P.L. 106-393, to counties in the
same manner as are sums derived from forest reserve rentals,
sales of timber and other sources from forest reserves under ORS
293.560. The department shall ensure that, of the total amount
distributed to all counties in any fiscal year, the percentage
distributed to each county in any fiscal year is the same as the
county's percentage share of all payments received by the state
during the eligibility period described in section 3(2), P.L.
106-393.
  (3) A county that receives funds from the department pursuant
to subsection (2) of this section as the county's share of
federal funds distributed under P.L. 106-393 shall deposit 25
percent of those funds in the county school fund or shall deposit
an amount as specified in ORS 294.060 (3) to   { - (7) - }  { +
(6) + }.
  (4) Pursuant to ORS 328.015, amounts in the county school fund
shall be distributed to the school districts in the county based
on the resident average daily membership of the school districts.
  SECTION 20. ORS 12.270 is amended to read:
  12.270. On September 13, 1975, any proceeding   { - which - }
 { +  that + } establishes or alters the boundaries of a
governmental subdivision previously or hereafter initiated and
purported to be effected in accordance with applicable legal
requirements shall be conclusively presumed valid for all
purposes one year after the purported effective date of the
action. No direct or collateral attack on the action may
thereafter be commenced. This statute of limitations includes but
is not limited to the following proceedings:
  (1) Formations and change of organizations under ORS 198.705 to
198.955.
  (2) Boundary changes under ORS 199.410 to 199.519.
  (3) Consolidations under ORS 199.705 to 199.795.
  (4) Incorporations under ORS 221.010 to 221.090.
  (5) Annexations under ORS 222.111 to 222.180, 222.750 and
222.840 to 222.915.
  (6) Consolidations under ORS 222.210 to 222.310.
  (7) Withdrawals and transfers of territory under ORS 222.510 to
222.580.
  (8) Mergers under ORS 222.610 to 222.710.
  (9) Formations and changes under ORS chapter 261.
 
 
 
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  (10) Alterations, changes, mergers and consolidations under ORS
330.080 to 330.123, 330.505 to 330.780 (1989 Edition), 335.490 to
335.505 and ORS chapter 333 { +  (2001 Edition) + }.
  (11) Formations and boundary changes under ORS 341.025 to
341.125 and 341.565 to 341.575.
  (12) Organizations and boundary changes under ORS 545.002 and
545.025 to 545.043, 545.051 to 545.105, 545.109, 545.123, 545.126
and 545.131.
  (13) Formations and boundary alterations under ORS 547.005 to
547.060 and 547.250 to 547.260.
  (14) Formations and organizations under ORS chapter 551.
  SECTION 21. ORS 294.060 is amended to read:
  294.060. (1) The moneys received by each county under ORS
293.560 shall be divided 75 percent to the road fund and 25
percent to the school fund of the county and, subject to
  { - subsections - }   { + subsection + } (2)   { - and (3) - }
of this section, the moneys shall be expended as other moneys in
those funds are expended.
  (2) The moneys apportioned to the county road fund may be
applied in payment of any outstanding road bonds or may be placed
in any county road bond sinking fund for the purpose of being so
applied.
    { - (3) The moneys apportioned to the school fund in any
county operating under and by virtue of ORS chapter 333 shall be
used for and applied to the payment of the bonded and warrant
indebtedness of the school districts incurred prior to January 1,
1925, until such bonded and warrant indebtedness has been paid in
full. - }
    { - (4) - }  { +  (3) + } Notwithstanding the division of
receipts specified in subsection (1) of this section, in any
county east of the summit of the Cascade Mountains with a
population of less than 9,000 and more than 6,500, according to
the 1990 federal decennial census, moneys from the road fund in
excess of $2 million may be transferred to the school fund when
the amount of money credited to the road fund under subsection
(1) of this section exceeds the amount needed for county roads,
as determined by the board of county commissioners. Any amount
received by a school district from the school fund of the county
that is in excess of the 25 percent required under subsection (1)
of this section   { - shall - }   { + may + } not be considered
as a receipt that would reduce the district's apportionments from
the State School Fund.
    { - (5) - }  { +  (4) + } Notwithstanding the division of
receipts specified in subsection (1) of this section, in any
county east of the summit of the Cascade Mountains with a
population of less than 58,000 and more than 55,000, according to
the 1990 federal decennial census, if the moneys credited to the
road fund under subsection (1) of this section exceed the amount
needed for county roads, as determined by the county governing
body, the portion of such moneys in excess of an amount specified
by the county governing body may be transferred to the school
fund of the county or may be transferred directly to the school
districts of the county in accordance with procedures established
by the county governing body. The county governing body may
distribute moneys under this subsection among the several school
districts without regard to the percentage of the resident
average daily membership in each school district. Moneys
transferred under this subsection may be transferred upon the
condition that any school district receiving a share of such
moneys must use the moneys only for a purpose described in ORS
 
 
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328.205 (1)(a) or (c). Any amount received by a school district
from the county under this subsection that is in excess of the 25
percent required under subsection (1) of this section
 { - shall - }   { + may + } not be considered as a receipt that
would reduce the district's apportionments from the State School
Fund.
    { - (6) - }  { +  (5) + } Notwithstanding the division of
receipts specified in subsection (1) of this section, in any
county east of the summit of the Cascade Mountains with a
population of less than 6,500, according to the 1990 federal
decennial census, moneys received by the county under ORS 293.560
may be divided between the road fund and the school fund of the
county as specified under an agreement between the county
governing body and the education service district board of the
county that provides for a different apportionment of those
moneys. Any amount received by a school district from the school
fund of the county that is in excess of the 25 percent required
under subsection (1) of this section
  { - shall - }   { + may + } not be considered as a receipt that
would reduce the district's apportionments from the State School
Fund.
    { - (7) - }  { +  (6) + } Notwithstanding the division of
receipts specified in subsection (1) of this section, in any
county west of the summit of the Cascade Mountains with a
population of less than 19,500 and more than 6,500, according to
the 1990 federal decennial census, moneys from the road fund in
excess of $1 million may be transferred to the school fund when
the amount of money credited to the road fund under subsection
(1) of this section exceeds the amount needed for county roads,
as determined by the board of county commissioners. Any amount
received by a school district from the school fund of the county
that is in excess of the 25 percent required under subsection (1)
of this section   { - shall - }   { + may + } not be considered
as a receipt that would reduce the district's apportionments from
the State School Fund.
    { - (8) - }  { +  (7) + } As used in subsections   { - (4) to
(7) - }  { +  (3) to (6) + } of this section, 'summit of the
Cascade Mountains' has the meaning for that term provided in ORS
477.001.
  SECTION 22. ORS 431.412 is amended to read:
  431.412. (1) The governing body of any county shall establish a
county board of health, when authorized to do so by a majority of
electors of the county at any general or special election, and
may, if such authorization is made, establish a public health
advisory board as provided in subsection (5) of this section.
  (2) The county board of health shall consist of:
  (a) One member of the county governing body selected by the
body.
  (b) One member of a common school district { +  board + }
having jurisdiction over   { - an - }  { +  the + } entire county
 { - , the county school board - }  or { +  of + } the education
service district board who resides in the county and is selected
by the education service district board, or the designee of that
member.
  (c) One physician who has been licensed to practice medicine in
this state by the Board of Medical Examiners for the State of
Oregon.
  (d) One dentist who has been licensed to practice dentistry in
this state by the Oregon Board of Dentistry.
  (e) Three   { - others - }  { +  other members + }.
 
 
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  (3) The members referred to in subsection (2)(c) to (e) of this
section shall be appointed by the members serving under
subsection (2)(a) and (b) of this section. The term of office of
each of such appointed members shall be four years, terms to
expire annually on February 1. The first appointments shall be
for terms of one, two, three or four years, as designated by the
appointing members of the board.
  (4) Whenever a county board of health is created under this
section, such board shall be in lieu of the board provided for in
ORS 431.410.
  (5) The governing body of the county may, as provided in
subsection (1) of this section, appoint a public health advisory
board for terms of four years, the terms to expire annually on
February 1. The first appointments shall be for terms of one,
two, three or four years as designated by the governing body. The
advisory board shall meet regularly to advise the county board of
health on matters of public health. The advisory board shall
consist of:
  (a) Persons licensed by this state as health care
practitioners.
  (b) Persons who are well informed on public health matters.
  SECTION 23.  { + ORS 330.310, 333.005, 333.020, 333.050,
333.060, 333.071, 333.090, 333.126, 333.130, 333.145, 333.155,
333.165, 333.175, 333.195, 333.197, 333.205, 333.215, 333.240,
333.280, 333.290, 333.305, 333.310, 333.320, 333.330, 333.340,
333.350, 333.360, 333.510, 333.520, 333.540, 333.550, 333.561,
333.570, 333.580 and 333.610 are repealed. + }
  SECTION 24.  { + Section 1 of this 2003 Act, the amendments to
ORS 12.270, 294.060, 326.310, 326.355, 327.403, 328.001, 328.005,
328.255, 328.441, 328.465, 330.003, 330.005, 330.092, 334.350,
335.090, 335.095, 339.005, 343.236 and 431.412 and section 1,
chapter 958, Oregon Laws 2001, by sections 2 to 22 of this 2003
Act and the repeal of ORS 330.310, 333.005, 333.020, 333.050,
333.060, 333.071, 333.090, 333.126, 333.130, 333.145, 333.155,
333.165, 333.175, 333.195, 333.197, 333.205, 333.215, 333.240,
333.280, 333.290, 333.305, 333.310, 333.320, 333.330, 333.340,
333.350, 333.360, 333.510, 333.520, 333.540, 333.550, 333.561,
333.570, 333.580 and 333.610 by section 23 of this 2003 Act do
not affect any action, case or proceeding commenced before the
effective date of this 2003 Act. The action, case or proceeding
may be completed in accordance with the statutes amended or
repealed by sections 2 to 23 of this 2003 Act as if those
statutes had not been amended or repealed. + }
  SECTION 25.  { + 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
July 1, 2003. + }
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 11 (SB 11-A)                         Page 10
 
 
 
 
 
Passed by Senate March 14, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 19, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 11 (SB 11-A)                         Page 11
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 11 (SB 11-A)                         Page 12