75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3687

Sponsored by COMMITTEE ON EDUCATION

                     CHAPTER ................

                             AN ACT

Relating to the sale of the Oregon School for the Blind; creating
  new provisions; amending ORS 346.315 and section 6, chapter
  562, Oregon Laws 2009; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Resources and services for which a school
district receives moneys from the Blind and Visually Impaired
Student Fund established by ORS 346.315 for students described in
section 3 (1), chapter 562, Oregon Laws 2009, are considered
approved costs for the purpose of determining whether a school
district qualifies to receive a high cost disabilities grant from
the High Cost Disabilities Account established by ORS
327.348. + }
  SECTION 2.  { + Section 1 of this 2010 Act applies to High Cost
Disabilities Account distributions commencing with the
distribution made in the 2009-2010 fiscal year. + }
  SECTION 3.  { + Section 1 of this 2010 Act is repealed on June
30, 2020. + }
  SECTION 4. Section 6, chapter 562, Oregon Laws 2009, is amended
to read:
   { +  Sec. 6. + } (1) The Oregon Department of Administrative
Services, in consultation with the Department of Education and
other interested parties, shall develop a plan for the sale of
the real property owned by the Department of Education known as
the Oregon School for the Blind.  { + The Oregon Department of
Administrative Services shall present the plan at a meeting of
the Capitol Planning Commission, and the commission shall provide
the public with an opportunity to review and comment on the plan
at that meeting. + }
  (2) For the period beginning July 1, 2009, and ending on the
date that title is transferred to a purchaser, the Oregon
Department of Administrative Services shall hold the real
property described in subsection (1) of this section in trust.
While held in trust, any proceeds related to the real property
must first be used to reimburse expenditures incurred by the
Oregon Department of Administrative Services in holding the
property in trust.  Proceeds in excess of the reimbursements
shall be transferred to the   { - Education Stability Fund
established under ORS 348.696 - }  { +  Department of Education
as provided by subsection (5) of this section + }.
  (3) Notwithstanding ORS 270.100 to 270.190, the Oregon
Department of Administrative Services shall sell the real
property described in subsection (1) of this section in a manner

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consistent with this section. The Oregon Department of
Administrative Services may engage the services of a licensed
real estate broker or real estate organization or any other
professional necessary to facilitate the sale of the real
property.
  (4) The sale price of the real property described in subsection
(1) of this section:
  (a) Must equal or exceed the fair market value of the real
property; and
  (b) Shall be determined by the Oregon Department of
Administrative Services.
  (5)(a) The Oregon Department of Administrative Services shall
retain from the sale of the real property described in subsection
(1) of this section the costs incurred by the state in selling
the real property, including:
  (A) Costs incurred by the Department of Education in
transferring the real property to the Oregon Department of
Administrative Services;
  (B) Any costs incurred by the Oregon Department of
Administrative Services in holding the real property in trust
that are not reimbursed as provided by subsection (2) of this
section or by appropriation or other source of moneys; and
  (C) Costs incurred by the Oregon Department of Administrative
Services in selling the real property.
  (b) The Oregon Department of Administrative Services and the
Department of Education shall be reimbursed for any costs
described in paragraph (a) of this subsection from the amount
retained as provided by paragraph (a) of this subsection.
  (c) { + (A) The Oregon Department of Administrative Services
shall transfer the + } proceeds from the sale of the real
property that remain after the amounts described in paragraph (a)
of this subsection have been retained   { - shall be transferred
to the Education Stability Fund established under ORS
348.696. - }  { +  to the Department of Education for
distribution as follows:
  (i) Fifty percent for improvements, repairs and maintenance
costs benefitting the health, safety and housing of the students
of the Oregon School for the Deaf; and
  (ii) Fifty percent to the Blind and Visually Impaired Student
Fund established by ORS 346.315.
  (B) The Oregon Department of Administrative Services shall
transfer the proceeds from the sale attributable to the portion
of the real property legally described as Lots 5 and 6 of Block
25 of the University Addition in the City of Salem, Marion
County, Oregon, in the manner provided by subparagraph (A) of
this paragraph.
  (C) Notwithstanding subparagraphs (A) and (B) of this
paragraph, if any portion of the real property described in
subsection (1) of this section but excluding property described
in subparagraph (B) of this paragraph is determined to be subject
to a charitable trust, the sale proceeds attributable to that
portion shall be distributed as provided by subparagraph (A) of
this paragraph unless a different distribution is required by the
terms of the charitable trust. + }
  (6)(a) Except for property described in subsection (1) of this
section, all other property of the Oregon School for the Blind:
  (A) When practicable, shall be distributed to the regional
program described in ORS 343.236 (1)(b) or to the school
districts providing educational services to students described in

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section 3 (1)   { - of this 2009 Act - }  { + , chapter 562,
Oregon Laws 2009 + }; and
  (B) May be preserved in a manner determined by the
Superintendent of Public Instruction if the property has historic
significance.
  (b) Proceeds from the sale, lease or other action related to
the property described in this subsection shall be transferred to
the Education Stability Fund.
  SECTION 5. ORS 346.315 is amended to read:
  346.315. (1) The Blind and Visually Impaired Student Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Blind and Visually Impaired
Student Fund shall be credited to the Blind and Visually Impaired
Student Fund.
  (2) Moneys in the Blind and Visually Impaired Student Fund are
continuously appropriated to the Department of Education for the
purposes of:
  (a) Assisting students who are blind or visually impaired in
receiving appropriate resources and services, including
educational services, in the communities where the students
reside  { +  or in other settings identified in individualized
education programs for students described in section 3 (1),
chapter 562, Oregon Laws 2009 + };
  (b) Supplementing funds available to regional programs
authorized under ORS 343.236 (1)(a)(A) and (C) to ensure access
to the expanded core curriculum for students who are blind or
visually impaired:
  (c) Coordinating professional development of persons who
provide educational services to students who are blind or
visually impaired;
  (d) Providing technical assistance for the purpose of providing
educational services to students who are blind or visually
impaired; and
  (e) Coordinating activities for the benefit of students who are
blind or visually impaired.
  (3) When determining the manner in which to spend the moneys in
the Blind and Visually Impaired Student Fund, the Department of
Education shall:
  (a) Give priority to services or resources used by students
described in section 3 (1), chapter 562, Oregon Laws 2009; and
  (b) Ensure that the moneys are used in addition to any other
available moneys and do not supplant moneys available from any
other source.
   { +  (4) Notwithstanding subsection (3)(b) of this section, a
school district is not required to seek moneys from the High Cost
Disabilities Account established by ORS 327.348 prior to seeking
moneys from the Blind and Visually Impaired Student Fund for
costs associated with providing services to a student if:
  (a) The student is a student described in section 3 (1),
chapter 562, Oregon Laws 2009;
  (b) The purpose of the moneys is to provide appropriate
resources and services, including educational services, in a
setting identified in the individualized education program for
the student; and
  (c) The total cost of the resources and services includes both
medical and educational costs and exceeds $200,000 per fiscal
year. + }
  SECTION 6.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency

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is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by House February 23, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 24, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3687 (HB 3687-B)                       Page 4

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

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