Oregon Advisory Opinions January 01, 1970: OP 6686

Advisory Opinion Text

STATE OF OREGON

DEPATRMENT OF JUSTICE

SALEM

January 4, 1970

No. 6686

This opinion is in response to a question pre­sented by Jesse V. Fasold, Deputy Superintendent of Public Instruction.

QUESTION PRESENTED

If HJR 25 is approved by voters at the next primary election, would equalization be retained in a county where local school boards have with­drawn an Intermediate Education Dis­trict (IED) from the state IED re­organization plan?

ANSWER GIVEN

No.

DISCUSSION

Chapter 672 [1969] Oregon Laws 1729, takes effect on May 31, 1970 only if HJR 25 becomes effective. Under section 36 of that chapter, the legislature has established in each county in which an annexation or merger occurs, a county tax base necessary to allow the county to levy a tax equal in amount to the tax levied for equalization purposes under existing law. It should be noted that this additional authority given to the counties to levy an equalization tax occurs only in counties where an annexation or merger occurs. Thus, if no annexation or merger occurs (because a county unit district, an intermediate education district, or an ad­ministrative school district, each having jurisdiction over an entire county, decides to withdraw from the proposed mer­ger or annexation pursuant to section 40 of Chapter 672), no additional tax base would be established for those counties under section 36.

The present equalization laws, ORS 334.250 and ORS 334.350 to 334.400, which provide for equalization by various kinds of intermediate education districts, would be repealed if HJR 25 is approved. The only equalization provision which would remain, therefore, would be section 36.

LEe JOHNSON

Attorney General

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