Bill Text: OR SB306 | 2011 | Regular Session | Enrolled
Bill Title: Relating to service districts.
Sponsorship: Unknown
Status: (Passed) 2011-03-24 - Effective date, January 1, 2012. [SB306 Detail]
Download: Oregon-2011-SB306-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 306
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
Finance and Revenue)
CHAPTER ................
AN ACT
Relating to service districts; creating new provisions; and
amending ORS 198.765 and 198.815.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 198.815, as amended by section 11, chapter 29,
Oregon Laws 2010, is amended to read:
198.815. (1) If the required number of written requests for an
election are filed with the county board on or before the date of
the final hearing or if the petition for formation includes a
permanent rate limit for operating taxes for the proposed
district, the board shall provide by order for the holding of an
election to submit to the electors the question of forming the
district. The board shall cause notice of the election to be
published by two insertions. If requests for an election are
filed by less than the required number of persons and no
permanent rate limit for operating taxes is included in the
petition, the county board shall dismiss the requests and enter
an order creating the district.
(2) The order calling an election shall fix the date of the
election on the next available election date in ORS 255.345 for
which the filing deadline can be met. However, when the proposal
for formation includes a permanent rate limit for operating taxes
for the proposed district, the election shall be held on the date
of the next { - primary election or general - } { + May or
November + } election for which the filing deadline can be met.
The order shall also state that at such election members of the
district board will be voted for. Candidates to be voted for as
members of the first board of a district shall be nominated as
provided by ORS chapter 255 and the principal Act of a district.
(3) The order calling the election shall require the county
official in charge of elections to include with the ballot for
the election a map or other description of the boundaries of the
proposed district using streets and other generally recognized
features and a statement of the permanent rate, if any, proposed
for the district in the petition for formation under ORS 198.750
(1)(g). Such statement shall comply with the requirements of ORS
250.035. The map or other description and statement required by
this subsection shall be supplied by the county board.
Enrolled Senate Bill 306 (SB 306-B) Page 1
(4)(a) When the proposal for formation includes a permanent
rate limit for operating taxes for the proposed district, the
ballot title shall clearly indicate that a single question is
being proposed which is:
(A) Whether the proposed district shall be formed; and
(B) Whether the permanent rate limit specified in the ballot
title shall be adopted as the maximum rate of operating taxes for
that district.
(b) The ballot title for the election shall be in compliance
with ORS 250.036.
(5) When the proposal for formation includes a permanent rate
limit for the proposed district, the district shall be authorized
to impose operating taxes not in excess of the permanent rate
limit if the proposal is approved by a majority of the votes cast
and { - : - }
{ - (a) At least 50 percent of registered electors eligible
to vote in the election cast a ballot; or - }
{ - (b) - } the election is held in May or November of any
year.
(6) If a proposed county service district is subject to
dissolution unless a determination of public need for continued
existence is made, the ballot title shall include the fiscal year
in which dissolution will occur and statement that the district
will dissolve unless the board of directors determines that there
is a public need for continued existence.
SECTION 2. ORS 198.765 is amended to read:
198.765. (1) A petition shall not be accepted for filing unless
the signatures thereon have been secured within six months of the
date on which the first signature on the petition was affixed. A
petition for formation of a district shall not be accepted for
filing if it is not accompanied by the economic feasibility
statement required under ORS 198.749. When a petition for
formation of a district includes a proposed permanent rate limit
for operating taxes, the petition shall be filed not later than
180 days before the date of the next { - primary election or
general - } { + May or November + } election at which the
petition for formation will be voted upon. Petitions required to
be filed with the county board shall be filed with the county
clerk of the principal county. Petitions required to be filed
with the district board shall be filed with the secretary of the
district board. It is not necessary to offer all counterparts of
a petition for filing at the same time, but all counterparts when
certified as provided by subsection (3) of this section shall be
filed at the same time.
(2) Within 10 days after the date a petition is offered for
filing, the county clerk or district secretary, as the case may
be, shall examine the petition and determine whether it is signed
by the requisite number of qualified signers. In the case of a
petition required or permitted to be signed by landowners, within
10 days after the date a petition is offered for filing, the
county assessor shall examine the petition and determine whether
it is signed by the requisite number of qualified landowners. If
the requisite number of qualified signers have signed the
petition, the county clerk or district secretary shall file the
petition. If the requisite number have not signed, the county
clerk or district secretary shall so notify the chief petitioners
and may return the petition to the petitioners.
(3) A petition shall not be filed unless the certificate of the
county clerk or the district secretary is attached thereto
certifying that the county clerk or district secretary has
Enrolled Senate Bill 306 (SB 306-B) Page 2
compared the signatures of the signers with the appropriate
records, that the county clerk or district secretary has
ascertained therefrom the number of qualified signers appearing
on the petition, and that the petition is signed by the requisite
number of qualified signers. In the case of a petition required
or permitted to be signed by landowners, a petition shall not be
filed unless the certificate of the county assessor is attached
thereto certifying that the county assessor has compared the
signatures of the signers with the appropriate records and that
the petition is signed by the requisite number of qualified
landowners.
(4) No petition for dissolution shall be accepted for filing
within one year after an election held on the question of
dissolution of a district.
SECTION 3. { + The amendments to ORS 198.765 and 198.815 by
sections 1 and 2 of this 2011 Act apply to an election held after
January 1, 2011. + }
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Passed by Senate February 24, 2011
Repassed by Senate March 16, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 14, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 306 (SB 306-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 306 (SB 306-B) Page 4
