Bill Text: OR SB306 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to service districts.

Sponsorship: Unknown

Status: (Passed) 2011-03-24 - Effective date, January 1, 2012. [SB306 Detail]

Download: Oregon-2011-SB306-Engrossed.html

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     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 2055

                           A-Engrossed

                         Senate Bill 306
                Ordered by the Senate February 21
          Including Senate Amendments dated February 21

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)

                             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.

    { - Allows metropolitan service district to establish service
district with taxing powers to provide local services. - }
 { + Modifies requirements by which county may elect to form
district. Applies to elections held after January 1, 2011. + }

                        A BILL FOR AN ACT
Relating to service districts; creating new provisions; and
  amending ORS 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.
 { + If the election is held in another month, at least 50
percent of the registered electors eligible to vote in the
election must cast a ballot. + } 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.
  (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.  { + The amendments to ORS 198.815 by section 1 of
this 2011 Act apply to an election held after January 1,
2011. + }
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