Chapter 211 Oregon Laws 1999

Session Law

AN ACT

SB 167

Relating to community college service districts; amending ORS 341.039.

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

SECTION 1. ORS 341.039 is amended to read:

341.039. (1) A petition submitted pursuant to ORS 341.025 may specify that the proposed district be organized as a community college service district. The formation of a community college service district shall comply with the provisions of ORS 341.025 to 341.125. A petition affecting a territory that, in the judgment of the Commissioner for Community College Services, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.

(2)[(a)] If formed, a community college service district shall in all respects be governed by the laws applicable to community college districts[.] with the following exceptions:

[(b) Notwithstanding paragraph (a) of this subsection, the Klamath Community College Service District may not incur bonded indebtedness for any purpose. This limitation shall not be construed to prohibit serial levy indebtedness, lease-purchase arrangements, or other lawful forms of capital financing. The service district may hold and own buildings and grounds acquired through gift or financing methods authorized by this section.]

(a) Notwithstanding ORS 341.675, community college service districts formed after July 1, 1997, may not incur bonded indebtedness for any purpose. This limitation shall not be construed to prohibit lease-purchase arrangements or other lawful forms of capital financing. A community college service district may hold and own buildings and grounds acquired through gifts or financing methods authorized by this section.

[(3)] (b) The board of education for a community college service district shall annually review the programs and services of the service district. This review shall have as its purpose a determination of which [district] services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements. The direct hiring of faculty and staff is expressly permitted.

[(4) The formation of a community college service district shall comply with the provisions of ORS 341.025 to 341.125. A petition affecting a territory that, in the judgment of the Commissioner for Community College Services, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.]

[(5)] (3) After having been in operation for at least three years, a community college service district may submit to the electors of the district the question of whether the district shall operate as a community college district.

[(6)] (4) Prior to submitting the question to the electors, the community college service district must have been in operation for three years, and must have secured the approval of the State Board of Education to hold the election. Before granting approval, the state board must find:

(a) The service district has acquired stability as demonstrated by a continuity of management, regularly adopted policies and procedures and adequate financial resources; and

(b) The service district has adopted a sound comprehensive plan that sets out the district's instructional and capital plans for five years.

Approved by the Governor June 3, 1999

Filed in the office of Secretary of State June 3, 1999

Effective date October 23, 1999

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