114 sections in this chapter.
ORS 328.315 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.316 Impact aid revenue bonds; issuance; requirements. (1) Pursuant to an agreement between a school district board and the governing body of an Indian tribe whose reservation is located partly or wholly within the district, a school district board, by resolution, may issue negotiable impact aid revenue bonds pursuant to this section
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(2)(a) As used in paragraph (b) of this subsection, the average amount of impact aid revenues that a school district receives equals the total amount of impact aid revenues received by the school district for the five years immediately preceding the year the bonds are issued, div…
ORS 328.318 Funds required for impact aid revenue bonds. If a school district board issues impact aid revenue bonds under ORS 328.316, the board shall establish
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(1) An impact aid revenue bond building fund consisting of the net proceeds received from the sale of the bonds. The fund shall be a continuing fund that is not subject to reversion to another fund. The board may use moneys in the fund only for the purposes specified in ORS 328.3…
ORS 328.320 [Repealed by 1957 c.53 §3]
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OREGON SCHOOL BOND GUARANTY ACT
ORS 328.321 Definitions for ORS 328.321 to 328.356. As used in ORS 328.321 to 328.356
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(1) “Common School Fund” means the state school fund described in section 2, Article VIII, Oregon Constitution. (2) “General obligation bond” has the meaning given that term in ORS 287A.001. (3) “Paying agent” means the corporate paying agent selected by the school district board…
ORS 328.325 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.326 State guaranty of school bonds allowed. (1)(a) The State Treasurer may, by issuing a certificate of qualification to a school district, pledge the full faith and credit and taxing power of the state to guarantee full and timely payment of the principal of, either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment, and interest on school bonds as such payments shall become due, except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration
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(b) The state guaranty shall not extend to the payment of any redemption premium. (c) Reference to ORS 328.321 to 328.356 by its title on the face of any school bond for which the State Treasurer has issued a certificate of qualification that is effective as of the date of the is…
ORS 328.330 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.331 Certificate evidencing qualification for state guaranty; conditions and standards for qualification; rules. (1) Any school district may request that the State Treasurer issue a certificate evidencing qualification of its school bonds for the state guaranty
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(2) The State Treasurer may, in accordance with ORS chapter 183, adopt and enforce rules that prescribe procedures for school district applications to qualify for the certificate of qualification and state guaranty and rules that prescribe the conditions and standards a school di…
ORS 328.335 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.336 Determination of ineligibility. (1)(a) If the State Treasurer determines that the state should not guarantee the school bonds of a school district, the State Treasurer shall
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(A) Prepare a determination of ineligibility; and (B) Keep the determination on file in the office of the State Treasurer. (b) The State Treasurer may remove a school district from the status of ineligibility and may issue a certificate of qualification for that school district w…
ORS 328.340 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.341 Transfer by school districts or State Treasurer of moneys to pay debt service on school bonds. (1)(a) Each school district with outstanding, unpaid school bonds issued with the state guaranty shall transfer moneys sufficient for the scheduled debt service payment to its paying agent at least 15 days before any principal or interest payment date for the school bonds
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(b) The paying agent may, if instructed to do so by the school district, invest the moneys for the benefit of the school district until the payment date. (c) A school district that is unable to transfer the scheduled debt service payment to the paying agent 15 days before the pay…
ORS 328.345 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.346 Recovery from school districts of payments on school bonds by State Treasurer. (1)(a) If one or more payments on school bonds are made by the State Treasurer as provided in ORS 328.341, the State Treasurer shall pursue recovery from the school district of all moneys necessary to reimburse the state for all amounts paid by the treasurer to the paying agent, as well as interest, penalties and any additional costs incurred by the treasurer as described in this section. In seeking recovery, the State Treasurer may
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(A) Intercept any payments from the General Fund, the State School Fund, the income of the Common School Fund and any other source of operating moneys provided by or through the state to the school district that issued the school bonds that would otherwise be paid to the school d…
ORS 328.348 Security for school bond obligations. (1) Except for moneys subject to the intercept provided in ORS 328.346 (1)(a), a school district may pledge as security for its obligation to reimburse the state under ORS 328.346 (2) any
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(a) Revenues received or held by the school district; or (b) Real or personal property held by the school district. (2) The lien of any pledge, mortgage or security interest granted by a school district under this section is valid and binding from the time the pledge is granted. …
ORS 328.350 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.351 Powers of State Treasurer when state funds are insufficient for payment of debt service. (1) If, at the time the state is required to make a debt service payment under the state guaranty on behalf of a school district, sufficient moneys of the state are not on hand and available for that purpose, the State Treasurer may, singly or in any combination
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(a) Obtain from the Common School Fund or from any other state funds that qualify to make a loan under ORS 293.205 to 293.225, if the loan would satisfy the requirements of ORS 293.205 to 293.225, a loan sufficient to make the required payment. (b) Borrow money, if economical and…
ORS 328.355 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.356 State Treasurer subject to provisions regarding issuance of general obligation bonds. If the State Treasurer issues state bonds, the treasurer shall be subject to the provisions of ORS 291.445 as an agency that is authorized to issue general obligation bonds that are ordinarily to be repaid from General Fund appropriations. [1997 c.614 §9; 1999 c.251 §8]
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Note: See note under 328.321.
ORS 328.360 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.361 Short title. ORS 328.321 to 328.356 shall be known as the Oregon School Bond Guaranty Act. [1997 c.614 §1]
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Note: See note under 328.321.
ORS 328.365 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.370 [Repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.380 [1953 c.72 §1; repealed by 1957 c.53 §3]
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[Repealed or reserved.]
ORS 328.405 [Repealed by 1963 c.544 §52]
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[Repealed or reserved.]
ORS 328.410 [Repealed by 1963 c.544 §52]
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[Repealed or reserved.]
ORS 328.415 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.420 [Amended by 1963 c.544 §21; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.425 [Repealed by 1963 c.544 §52]
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[Repealed or reserved.]
ORS 328.430 [Amended by 1957 c.110 §1; 1963 c.544 §22; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.435 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.440 [Repealed by 1953 c.89 §6]
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DISBURSEMENTS; AUDITS
ORS 328.441 Custody and disbursement of school district funds. (1) Common school district boards and union high school district boards shall designate the persons to be custodians of school funds of their respective districts. Such funds shall be disbursed only in the manner provided by ORS 328.445 (1)
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(2) For the purpose of receiving deposits of school funds, the district school board of each district described in subsection (1) of this section shall designate such bank or banks within the county or counties in which the district is located, as the board deems safe and proper …
ORS 328.445 Disbursement of school funds by check or warrant. (1) When funds are available for payment, school district obligations shall be paid by check bearing the original signature of the custodian of the district school funds; or if authorized by the district school board, the custodian’s facsimile signature
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(2) Where a statute specifies a warrant as the means by which school district obligations shall be paid, warrant means “check” if funds are available for payment. [Amended by 1965 c.100 §67; 1971 c.98 §1]
ORS 328.450 School warrant procedure. (1) As used in this section, “school district obligation” includes salaries of district employees and other regularly contracted services
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(2) Except as provided in ORS 328.445 (2), warrants in payment of school district obligations shall be issued only when there are insufficient funds to pay the warrant and shall be indorsed “not paid for want of funds”. Warrants may be issued at the end of each school month, if n…
ORS 328.455 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.460 Cancellation of school warrants not presented for payment within seven years. (1) At the last regular district school board meeting preceding July 1 in each year, the district clerk shall certify to the board a list of all school district warrants which were called for payment more than seven years prior to July 1 next following the meeting, and which have not been paid. The certification shall state the amount of each of such warrants, to whom issued, and date of issuance. The district school board shall cause notice to be published. Publication shall be in some newspaper published in the district and having a general circulation therein, or if no newspaper is published in the district, then in some paper published in the county in which the school district is located having a general circulation in the district. The notice shall contain a statement that if such warrants are not presented for payment within 60 days from July 1, they will be canceled, and payment thereof will be refused
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(2) At the first regular meeting of the district school board in each school district after the expiration of 60 days from July 1 in each year, the board shall make an order that all such warrants which have not been so presented for payment, describing them, shall be canceled. T…
ORS 328.465 Annual audit procedure. (1) All school district boards and education service district boards shall cause to have prepared an annual audit of the books and accounts of the school district or education service district in the manner set forth in subsection (2) or (3) of this section. The audit reports must be filed with the administrative office for the county in which the administrative office of the district is located on or before November 1 of the year in which the audit is conducted
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(2) The school district board or education service district board may contract for its audit with the administrative office for the county in which the administrative office of the school district or education service district is located. The administrative office for the county …
ORS 328.467 Audit determinations; deficiencies; correction; sanctions. (1)(a) In performing an audit required under ORS 328.465, the accountant under contract with a county, a school district board or an education service district board shall determine whether the school district or education service district has
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(A) Followed generally accepted accounting principles in reporting the district’s financial condition and operations; and (B) Substantially complied with legal requirements in conducting the district’s financial affairs. (b) The determination shall be included in the audit report…
ORS 328.470 Purchase of automotive equipment; fund transfers. Notwithstanding ORS 280.040 to 280.145 and any other provision of law, any school district board by resolution may provide for the replacement or acquisition of automotive equipment by making transfers from the district’s general fund to a fund established for that purpose. Transfers to the fund shall be included in the school district budget prepared and published in accordance with ORS 294.305 to 294.565. If at any time conditions arise which dispense with the necessity for further transfers to or expenditures from a fund established pursuant to this section, the district school board shall so declare by resolution. The resolution shall order the balance remaining in such fund to be transferred to the general fund of the district and shall declare the fund closed. [1969 c.375 §2]
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[Repealed or reserved.]
ORS 328.505 [Amended by 1953 c.146 §1; repealed by 1959 c.262 §4]
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[Repealed or reserved.]
ORS 328.510 [Repealed by 1953 c.146 §2]
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[Repealed or reserved.]
ORS 328.515 [Amended by 1957 c.310 §4; repealed by 1959 c.262 §4]
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[Repealed or reserved.]
ORS 328.520 [Amended by 1955 c.486 §1; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.525 [Repealed by 1963 c.544 §52]
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[Repealed or reserved.]
ORS 328.530 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.535 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 328.540 [Repealed by 1965 c.100 §456]
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TAXES AND INDEBTEDNESS
ORS 328.542 Preparation of district budget; certification of taxes. (1) Subject to the Local Budget Law (ORS 294.305 to 294.565) and to sections 11 and 11b, Article XI, Oregon Constitution, each school district board shall prepare annually or biennially the budget of the school district and shall certify ad valorem property taxes to the assessor as provided by law
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(2) In addition to the requirements prescribed by ORS 294.305 to 294.565, a school district must include at least one member of the educational equity advisory committee of the school district on the budget committee. [1977 c.840 §16; 1979 c.241 §57; 1987 c.16 §7; 1993 c.45 §34; …