ORS Chapter 328

Chapter 328 — LocalFinancing of Education

 

2009 EDITION

 

 

LOCALFINANCING OF EDUCATION

 

EDUCATIONAND CULTURE

 

GENERALPROVISIONS

 

328.001     Definitions

 

COUNTYSCHOOL FUND

 

328.005     Countyschool fund; uses

 

328.015     Apportionmentto districts

 

328.030     Partialapportionments

 

328.045     Apportionmentof excess amounts; application as tax offset

 

DOUGLASCOUNTY SCHOOL FUND

 

328.105     Sources;use of interest

 

328.110     Custodianof fund

 

328.115     Loanof fund and rental of lands; disbursement of interest and rents

 

328.120     Boardof Douglas County School Fund commissioners

 

328.125     Lawconcerning Common School Fund to apply

 

328.130     Loansto be made in name of treasurer; collection of sums due

 

328.135     Feesfor services of county officers; expense of making loan

 

328.140     Sale,rental or lease of property; disposition of proceeds

 

COMMONSCHOOL FUND FOR DISTRICT NO. 1, KLAMATH COUNTY

 

328.155     Sources;use of interest

 

328.160     Custodianof fund; bond

 

328.165     Investmentand loan of fund and rental of lands; disbursement of interest and rents

 

328.170     Directorsas fund commissioners

 

328.175     Lawsgoverning loans of Common School Fund to apply

 

328.180     Loansto be made in name of clerk; collection of sums due

 

328.185     Feesfor services of clerk; expense of making loan

 

328.190     Saleand conveyance of property; disposition of proceeds

 

BONDS

 

328.205     Powerto contract bonded indebtedness; use of proceeds to pay expenses of issue

 

328.210     Bondelections

 

328.213     Issuanceof negotiable interest-bearing warrants

 

328.230     Issueof bonds upon favorable vote

 

328.240     Placeof payment

 

328.245     Limitationon bonded debt of districts generally

 

328.250     Limitationon bonded indebtedness of enlarged or reorganized school districts

 

328.255     Registrationof bonds and negotiable interest-bearing warrants; delivery; disposition ofproceeds of sale of bonds; noncontestability

 

328.260     Taxlevy to pay interest and principal of bonds; use of funds derived from tax

 

328.265     Schooldistrict bond tax levied by county

 

328.270     Paymentof principal and interest; collection commission

 

328.275     Redemptionand payment of bonds

 

328.280     Fundingor refunding district indebtedness

 

328.295     Issuanceof bonds and interest-bearing warrants

 

328.300     Marketingbonds jointly or through association

 

328.304     Countyeducation bond district; creation; powers; purpose

 

328.316     Impactaid revenue bonds; issuance; requirements

 

328.318     Fundsrequired for impact aid revenue bonds

 

Note          Fundsdiversion agreement--2003 c.715 §§38,39

 

OREGONSCHOOL BOND GUARANTY ACT

 

328.321     Definitionsfor ORS 328.321 to 328.356

 

328.326     Stateguaranty of school bonds allowed

 

328.331     Certificateevidencing qualification for state guaranty; rules; application; qualificationstandards

 

328.336     Determinationof ineligibility

 

328.341     Transferby school districts or State Treasurer of moneys to pay debt service on schoolbonds

 

328.346     Recoveryfrom school districts of payments on school bonds by State Treasurer

 

328.351     Powersof State Treasurer when state funds are insufficient for payment of debtservice

 

328.356     StateTreasurer subject to provisions regarding issuance of general obligation bonds

 

328.361     Shorttitle

 

DISBURSEMENTS;AUDITS

 

328.441     Custodyand disbursement of school district funds

 

328.445     Disbursementof school funds by check or warrant

 

328.450     Schoolwarrant procedure

 

328.460     Cancellationof school warrants not presented for payment within seven years

 

328.465     Annualaudit procedure

 

328.467     Auditdeterminations; deficiencies; correction; sanctions

 

328.470     Purchaseof automotive equipment; fund transfers

 

TAXESAND INDEBTEDNESS

 

328.542     Preparationof district budget; certification of taxes

 

328.555     Propertyliable for district indebtedness; tax levy

 

328.565     Powerto create indebtedness; zone academy bonds; tax credit bonds

 

328.570     Divisionof district into tax zones

 

328.573     Noticeof public hearing on tax zones

 

328.576     Publichearing; resolution to establish tax zones

 

328.579     Determinationof tax in zones; limitations

 

GENERALPROVISIONS

 

      328.001Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Administrative office for the county” means the administrative office of theeducation service district, or of any common school district that includes anentire county.

      (2)“Impact aid revenues” means the revenues received by a school district from thefederal government pursuant to 20 U.S.C. 7701 to 7714.

      (3)“School district” includes common and union high school districts. [1965 c.100 §42;1971 c.513 §60; 1991 c.167 §3; 2003 c.226 §5; 2003 c.343 §1]

 

COUNTYSCHOOL FUND

 

      328.005County school fund; uses. (1) The governing body of each county shall createa county school fund.

      (2)When a county governing body transfers federal forest reserve receipts underORS 294.060 (4) subject to a condition that such moneys be used only for apurpose described in ORS 328.205 (1)(a) or (c), a school district receiving ashare of such moneys may not use the moneys for any other purpose. [Amended by1965 c.100 §43; 1965 c.491 §1; 1967 c.107 §1; 1971 c.294 §4; 1989 c.579 §2;1997 c.821 §19; 2003 c.226 §6]

 

      328.010 [Amended by1963 c.544 §17; 1965 c.100 §44; repealed by 1975 c.64 §1]

 

      328.015Apportionment to districts. On the first Monday in December the executiveofficer of the administrative office for the county shall apportion the countyschool fund among the several districts in the county, in proportion to theresident average daily membership for the preceding fiscal year in eachdistrict as reported by the district to the administrative office of the county.In the case of a joint school district, the resident average daily membershipreported to the administrative office of the counties comprising the districtshall be prorated between the counties as the resident enrollment of thedistrict is prorated between the counties. Any balance accruing to the fundafter the December apportionment shall be apportioned in the same manner atsuch other times during the year as the executive officer of the administrativeoffice may consider advisable. [Amended by 1965 c.100 §45; 1971 c.294 §5; 1975c.770 §5]

 

      328.020 [Amended by1963 c.544 §18; 1965 c.100 §46; repealed by 1975 c.770 §49]

 

      328.025 [Amended by1965 c.100 §47; 1971 c.294 §6; repealed by 1975 c.770 §49]

 

      328.030Partial apportionments. The executive officer of the administrative officefor the county, upon the written request of any district school board, may makea partial apportionment to any district of any money due it at the time ofmaking a regular apportionment under ORS 328.015, and apportion the remainderat the next regular apportionment. The county treasurer shall pay any partialapportionment made under this section. [Amended by 1963 c.544 §19; 1965 c.100 §48]

 

      328.035 [1971 c.449 §4;1985 c.555 §15; repealed by 2001 c.36 §3]

 

      328.045Apportionment of excess amounts; application as tax offset. Any moneys inthe county school fund in excess of the amount required by law may, by order ofthe county governing body, be apportioned under ORS 328.015 separately fromremaining county school fund moneys. Amounts separately apportioned under thissection to a school district shall not be considered a budget resource underthe Local Budget Law but shall be used as an offset to the school district’stax levy. [1979 c.551 §2]

 

DOUGLASCOUNTY SCHOOL FUND

 

      328.105Sources; use of interest. The proceeds of all gifts, devises and bequestsmade to Douglas County for common school purposes shall be set apart as aseparate and irreducible school fund, to be called the Douglas County SchoolFund, the interest of which shall be applied to the support and maintenance ofall common schools in said county.

 

      328.110Custodian of fund.The county treasurer shall be the custodian of the Douglas County School Fund.The bond as treasurer shall include the honest and faithful performance of theduties of the county treasurer as such custodian.

 

      328.115Loan of fund and rental of lands; disbursement of interest and rents. (1) The countytreasurer shall loan the Douglas County School Fund in the manner provided bylaw at the best rate obtainable per annum and shall rent all lands owned by thecounty belonging to the fund.

      (2)The county treasurer shall place the interest and rentals with other moneys thecounty receives for support of the common schools. The education servicedistrict board shall apportion and the county treasurer shall distribute theinterest and rentals with, and in the same manner as, such other moneys. [Amendedby 1963 c.544 §20]

 

      328.120Board of Douglas County School Fund commissioners. The chairpersonof the board of county commissioners, clerk and treasurer of Douglas County areappointed as a board of Douglas County School Fund commissioners. They shallapprove all applications for loans as to title and value of security offered.The treasurer shall make no loan or lease any land until such board has givenits approval. [Amended by 1963 c.386 §5]

 

      328.125Law concerning Common School Fund to apply. The laws governing the loaningof the Common School Fund of this state, so far as applicable and not inconflict with ORS 328.105 to 328.140 shall govern the loaning of the DouglasCounty School Fund.

 

      328.130Loans to be made in name of treasurer; collection of sums due. All loans shallbe made in the name of the treasurer of Douglas County but for the benefit ofthe fund. The treasurer shall collect all sums due the fund in the mannerprovided by law.

 

      328.135Fees for services of county officers; expense of making loan. No officer ofDouglas County shall charge or receive fees for any service performed in regardto the fund. All expenses of making a loan shall be paid for by the applicant.

 

      328.140Sale, rental or lease of property; disposition of proceeds. The board ofDouglas County School Fund commissioners may sell and convey by deed, executedby all of said commissioners, any and all real property devised to DouglasCounty for common school purposes, whenever in the judgment of such board theinterest of the school fund will be subserved by such sale, or may rent orlease the same when it deems best.