Chapter 1027 Oregon Laws 1999

Session Law

AN ACT

HB 3239

Relating to community college districts; creating new provisions; amending ORS 341.102, 341.601 and 341.604; appropriating money; and declaring an emergency.

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

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 341.

SECTION 2. Notwithstanding ORS 341.575, when territory is annexed to the Blue Mountain Community College District, the new territory shall not become liable for any existing debt of the Blue Mountain Community College District that resulted from the bond measure that was approved by the people at the general election held on November 3, 1998.

SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS 341.565 to 341.575.

SECTION 4. (1) Notwithstanding any other provision of this chapter, if new territory is annexed to the existing Blue Mountain Community College District prior to July 1, 2001, the provisions of this section shall govern the Blue Mountain Community College District for a period of not less than 10 years after the effective date of the boundary change.

(2) Program access and facilities for students shall be maintained in the original territory for a period of not less than 20 years while programs and facilities for students are developed in the new territory.

(3)(a) After approval of the boundary change by the Emergency Board or by the electors of both the original territory and the new territory, the mode of election of board members shall be changed as provided in this subsection.

(b) No later than the 90th day after the boundary change is approved, seven zones for the new and existing territory shall be established by the State Board of Education.

(c) Zones shall be established with the boundaries exclusively within the original territory or exclusively within the new territory, and with the zones as nearly equal in population as is feasible according to the latest federal census.

(d) An elector may sign a petition of nomination and may vote only for a candidate from the zone in which the elector resides.

(e) Board members nominated and elected to office in the original territory, and any person elected or appointed to fill any vacancy in such office, shall continue to hold office until the expiration of the board member's term. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by persons who reside within zones in the new territory that are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot.

(f) A board member shall be nominated and elected in the same numbered zone at the regular district election immediately preceding the June 30 termination date, and the director from that zone shall take office on the July 1 following the date of election. The term of office of a board member shall be four years. Electors of each of the seven zones shall elect a board member.

(4) The board shall appoint an advisory committee that includes one member from each county in the community college district. The board shall appoint an additional, at-large member from a list of persons nominated by the advisory committee. The at-large member shall be the chairperson of the advisory committee. The advisory committee members shall be appointed, and may be reappointed, for terms of three years, and the terms shall be staggered so that approximately one-third of the terms of the members end each year. The board shall give deliberative consideration to all recommendations of the advisory committee concerning policy related to district organization, educational services and facilities in regard to both the original territory and the new territory.

(5) Subject to ORS 294.336, members of the advisory committee shall be appointed to the community college district budget committee. The community college district budget committee shall review and recommend budgets established and delineated by territory based on revenues and resources available.

(6) The chief administrative officer of the district shall maintain the administrative office of the district in the original territory.

(7) Collective bargaining shall be maintained uniformly across the original territory and new territory.

(8) After receiving any recommendation of the advisory committee, the board may continue one or more of the provisions of subsections (1) and (3) to (7) of this section in effect for an indefinite period after the expiration of the 10-year period referred to in subsection (1) of this section.

(9) The original territory shall remain liable for the existing debt of the community college district payable from ad valorem property taxes levied specifically for the payment of such indebtedness.

SECTION 5. ORS 341.601 is amended to read:

341.601. As used in ORS 341.604 to 341.618, "district" means the:

(1) Blue Mountain Community College District, a political subdivision and municipal corporation of the state organized pursuant to this chapter; and

(2) Rogue Community College District, a political subdivision and municipal corporation of the state organized pursuant to this chapter.

SECTION 6. 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:

(a) For the Rogue Community College District, 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, 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 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 by the district board shall be located [either] entirely within the territory of [the first service area or entirely within the territory of the second] 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 [both the first service area and the second] two or more service [area] areas designated in subsection (1) of this section.

(3) The district board shall have no power or authority to 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 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 7. 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 shall appropriate or allocate to the Office of Community College Services money necessary to pay the expenses of the election under ORS 341.085, 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 the election without regard to the outcome of the election.

SECTION 8. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 1999, out of the General Fund:

(a) The sum of $110,000, to be allocated to the Department of Education for the State School Fund, upon application therefor, for costs associated with the impact of community college district annexation of new territory on existing school districts if the Emergency Board approves the boundary change of the Blue Mountain Community College District or other changes pursuant to ORS 341.565.

(b) The sum of $300,000, to be allocated to the Office of Community College Services, upon application therefor, for costs associated with preparation for annexation, including submitting the question of proposed boundary changes to a vote, or for statewide distance learning efforts.

(2) If any of the moneys appropriated under this section are not allocated or obligated by the Emergency Board before November 1, 2000, any unallocated or unobligated moneys become available on that date for any other purpose for which the Emergency Board may lawfully allocate funds.

SECTION 9. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect July 1, 1999.

Approved by the Governor August 20, 1999

Filed in the office of the Secretary of State August 23, 1999

Effective date August 20, 1999

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