Bill Text: OR HB2308 | 2011 | Regular Session | Introduced
Bill Title: Relating to the State Board of Education.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2308 Detail]
Download: Oregon-2011-HB2308-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2621
House Bill 2308
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Education)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Provides for election of certain members of State Board of
Education. Removes State Treasurer and Secretary of State or
their designees from board. Provides that first election for
elected members is November 2012 general election.
A BILL FOR AN ACT
Relating to the State Board of Education; creating new
provisions; and amending ORS 249.002, 254.005, 326.021, 326.031
and 326.041.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.021 is amended to read:
326.021. { - (1) The State Board of Education shall consist
of: - }
{ - (a) The State Treasurer, or the designee of the State
Treasurer; - }
{ - (b) The Secretary of State, or the designee of the
Secretary of State; and - }
{ - (c) Seven members, appointed by the Governor for a term
of four years beginning July 1 of the year of appointment,
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. A person appointed under this paragraph
may not be appointed to serve consecutively more than two full
terms as a board member. - }
{ - (2) In making appointments under subsection (1) of this
section, the Governor shall select from residents of Oregon one
member from each congressional district and two members from the
state at large. An appointed member may not be engaged in
teaching or participate in the administration or operation of any
school. - }
{ - (3) The Governor may remove appointed members of the
State Board of Education for cause at any time after notice and
public hearing. - }
{ - (4) The State Treasurer and the Secretary of State, or
the designee of the State Treasurer or Secretary of State, are
nonvoting, ex officio members of the board. - }
{ + (1) The State Board of Education shall consist of seven
members. Five members shall be elected as provided in subsection
(2) of this section, and two members shall be appointed by the
Governor as provided in subsection (3) of this section.
(2) The elected members of the board shall be elected from each
of the five congressional districts at the regular general
election held on the first Tuesday after the first Monday in
November of each even-numbered year. An elected member shall
serve for a term of four years and may not serve more than two
consecutive full terms. The term of an elected member begins on
the first Monday in January next following the regular general
election, except for a vacancy described in ORS 326.031.
(3) The appointed members shall be appointed by the Governor
from among the residents of this state and shall serve the state
at large. An appointed member shall serve for a term of four
years and may not serve more than two consecutive full terms.
Appointments are subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. The Governor may
remove an appointed member for cause at any time after notice and
public hearing. A vacancy occurring in an appointed position
shall be filled as provided in ORS 326.031.
(4) The members of the board shall be nonpartisan.
(5) A member of the board may not engage in teaching or
participate in the administration or operation of any school
while serving on the board. + }
SECTION 2. ORS 326.031 is amended to read:
326.031. { - Appointments made to fill vacancies of the State
Board of Education occurring prior to expiration of a term of an
appointed member shall be for the remainder of the unexpired
term. When a vacancy occurs in an appointment made from a
congressional district, the successor shall be appointed from the
congressional district for which the vacancy exists. - }
{ + (1) A vacancy occurring in an elected position on the
State Board of Education before the expiration of the term of the
position shall be filled by appointment by the Governor, subject
to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565. The appointee must reside in the
congressional district for which the vacancy exists at the time
of appointment. The term of an appointee for a vacancy under this
subsection expires on the day before the first Monday in January
next following the regular general election.
(2) A vacancy occurring in an appointed position on the board
before the expiration of the term of the position shall be filled
by appointment by the Governor, subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. The
term of an appointee for a vacancy under this subsection expires
at the end of the unexpired term. + }
SECTION 3. ORS 326.041 is amended to read:
326.041. (1) The State Board of Education shall meet at least
six times each year on dates determined by the board, and at such
other times as may be designated by the chairperson
{ - agreeable to - } { + that are agreed to by + } a majority
of the board, or at the call of a majority of the board members.
(2) The board shall elect one of its members to serve as
chairperson of the board for { + a term of + } one year
{ - commencing July 1 - } . In case the office of chairperson of
the board is permanently vacated for any reason, the board may
elect a new chairperson to serve { - until the June 30 next
following - } { + for the remainder of the term + }.
(3) A member is entitled to compensation and expenses as
provided in ORS 292.495.
SECTION 4. { + (1) The first elected members of the State
Board of Education shall be elected at the regular general
election held on the first Tuesday after the first Monday in
November 2012.
(2)(a) Notwithstanding ORS 326.021, the members first elected
to the board shall determine by lot the length of their terms
such that:
(A) Two shall serve a term expiring on the day before the first
Monday in January 2015; and
(B) Three shall serve a term expiring on the day before the
first Monday in January 2017.
(b) Notwithstanding ORS 326.021, the members first appointed to
the board shall determine by lot the length of their terms such
that:
(A) One shall serve a term expiring on the day before the first
Monday in January 2015; and
(B) One shall serve a term expiring on the day before the first
Monday in January 2017. + }
SECTION 5. { + On the day before the first Monday in January
2013, the terms of office of the current members of the State
Board of Education expire. Notwithstanding the prohibition under
ORS 326.021 against a person serving more than two consecutive
full terms as a board member, a member whose office is terminated
pursuant to this section is eligible for election or appointment
to the board. + }
SECTION 6. ORS 249.002, as amended by section 2, chapter 18,
Oregon Laws 2010, is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, { + State Board of
Education, + } Commissioner of the Bureau of Labor and
Industries, any elected office of a metropolitan service district
under ORS chapter 268, justice of the peace, county clerk, county
assessor, county surveyor, county treasurer, sheriff, district
attorney or any office designated nonpartisan by a home rule
charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
SECTION 7. ORS 254.005, as amended by section 3, chapter 18,
Oregon Laws 2010, is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(3) 'County clerk' means the county clerk or the county
official in charge of elections.
(4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(5) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(6) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(7) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(8) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, { + State Board of
Education, + } Commissioner of the Bureau of Labor and
Industries, any elected office of a metropolitan service district
under ORS chapter 268, justice of the peace, county clerk, county
assessor, county surveyor, county treasurer, county judge who
exercises judicial functions, sheriff, district attorney or any
office designated nonpartisan by a home rule charter.
(9) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(10) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
(11) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
(12) 'Voting machine' means any device that will record every
vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device.
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