Bill Text: OR SB540 | 2013 | Regular Session | Enrolled


Bill Title: Relating to public education facilities; appropriating money; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB540 Detail]

Download: Oregon-2013-SB540-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 540

Sponsored by Senator DEVLIN; Senators HANSELL, HASS, MONROE,
  ROBLAN, Representatives BAILEY, HUFFMAN, JOHNSON

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

                             AN ACT

Relating to public education facilities; appropriating money; and
  declaring an emergency.

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

  SECTION 1.  { + (1) The Task Force on School Capital
Improvement Planning is established.
  (2) The task force consists of no more than 12 members
appointed by the Governor in consultation with the President of
the Senate and the Speaker of the House of Representatives. All
appointments to the task force must be completed within 90 days
of the effective date of this 2013 Act.
  (3) The members of the task force shall include representatives
of education, business, the community and government and at least
one expert on capital construction. The members representing
education must represent preschool and kindergarten through grade
12 and shall, if more than one member represents kindergarten
through grade 12, reflect a diverse range of school district
sizes. To the extent practicable, the members must represent a
geographic diversity.
  (4)(a) The task force shall research and recommend to the
Oregon Education Investment Board:
  (A) Programs and funding sources that:
  (i) Allow providers of public education to respond to evolving
methods for delivering education and for funding and maintaining
capital infrastructures; and
  (ii) Establish a more efficient and integrated capital
infrastructure system for preschool through grade 12.
  (B) The types and amounts of technical assistance that may be
required by public schools for school capital construction
programs.
  (b) When recommending the capital infrastructure system
described in paragraph (a)(A)(ii) of this subsection and the
technical assistance described in paragraph (a)(B) of this
subsection, the task force shall recommend the appropriate role
of the Department of Education in supporting the capital
infrastructure system and providing the technical assistance.
  (5) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (6) Official action by the task force requires the approval of
a majority of the members of the task force.
  (7) The task force shall elect one of its members to serve as
chairperson.

Enrolled Senate Bill 540 (SB 540-B)                        Page 1

  (8) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective.
  (9) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (10) The task force may adopt rules necessary for the operation
of the task force.
  (11) The task force shall submit a report in the manner
provided in ORS 192.245, and may include recommendations for
legislation, to the interim legislative committees on education
no later than October 1, 2014.
  (12) The Department of Education shall provide staff support to
the task force and shall, if requested by the task force, enter
into a contract for staff support with a public or private
entity.
  (13) Members of the task force are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the Department of Education for purposes of the
task force.
  (14) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2013 Act is repealed on the
date of the convening of the 2015 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
  SECTION 3.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $100,000, which may be expended for
the task force established by section 1 of this 2013 Act. + }
  SECTION 4.  { + (1) The Department of Education shall establish
and maintain a public education facility information database as
provided by this section.
  (2)(a) The database required by this section shall provide
information on preschool facilities and facilities serving any
grades in kindergarten through grade 12 and any related auxiliary
buildings and properties. The department may require school
districts and education service districts to provide the
following information to the department for inclusion in the
database:
  (A) The name of the facility;
  (B) The square footage of the facility;
  (C) The year the facility was built;
  (D) The major renovations made to the facility in the preceding
30 years;
  (E) The outstanding bonded indebtedness of the school district
or education service district;
  (F) The year, amount and purpose of the last bond request
approved by voters of the school district or education service
district;
  (G) Operations and maintenance costs of the facility;
  (H) Technical upgrades needed for the facility;
  (I) Health and safety upgrades needed for the facility;
  (J) Energy usage of the facility; and

Enrolled Senate Bill 540 (SB 540-B)                        Page 2

  (K) Other publicly available information about the facility.
  (b) In addition to the requirements of paragraph (a) of this
subsection, the database required by this section:
  (A) Must be accessible by the public; and
  (B) May include functions and other options that are available
only to the Department of Education and to school districts.
  (3) If a school district or education service district is
unable to provide any of the information required under
subsection (2) of this section from existing data or without
acquiring additional resources, the school district or education
service district may request a waiver of the requirement for that
information from the Superintendent of Public Instruction.
  (4) The department may enter into a contract with a public or
private entity for the purpose of maintaining the facility
information database described in this section. + }
  SECTION 5.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $325,000, which may be expended as
follows:
  (1) $100,000 for the purpose of developing the public education
facility information database described in section 4 of this 2013
Act or for the purpose of purchasing a database that is
substantially similar to the public education facility
information database described in section 4 of this 2013 Act; and
  (2) $225,000 for the purpose of maintaining the public
education facility information database described in section 4 of
this 2013 Act. + }
  SECTION 6.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------

Passed by Senate July 6, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House July 7, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 540 (SB 540-B)                        Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 540 (SB 540-B)                        Page 4
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