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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2710

                           A-Engrossed

                         Senate Bill 540
                 Ordered by the Senate March 14
           Including Senate Amendments dated March 14

Sponsored by Senator DEVLIN; Senators HANSELL, HASS, MONROE,
  ROBLAN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Establishes Task Force on School Capital Improvement Planning.
Sunsets task force on date of convening of 2015 regular session
of Legislative Assembly. Appropriates funds for task force.
  Directs Department of Education to establish and maintain
public education facility information database. Appropriates
funds for database.
  Directs department to administer school capital construction
program. Sunsets program on July 1, 2015. Appropriates funds for
program.
  Declares emergency, effective on passage.

                        A BILL FOR 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 programs and funding sources
that:
  (A) Will allow providers of public education to respond to
evolving methods for delivering education and for funding and
maintaining capital infrastructures; and

  (B) Establish a more efficient and integrated capital
infrastructure system for preschool through grade 12.
  (b) When recommending the capital infrastructure system
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.
  (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.
  (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 nonprofit corporation.
  (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 information may include:
  (A) Energy usage;
  (B) Operations and maintenance costs;
  (C) Seismic ratings;
  (D) Education performance;
  (E) Student population projections;
  (F) Technology upgrade status; and
  (G) Other data needed to measure compliance with the state
building code.
  (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) The department may enter into a contract with a nonprofit
corporation 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 $350,000, 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) $250,000 for the purpose of maintaining the public
education facility information database described in section 4 of
this 2013 Act. + }
  SECTION 6.  { + (1) The Department of Education shall
administer a school capital construction program that:
  (a) Provides statewide and regionally-based technical
assistance and training to public schools; and
  (b) Assists public schools in using community resources and in
developing partnerships with public and private entities.
  (2) For the purpose of providing technical assistance and
training, the department shall establish regional zones. To the
extent practicable, the zones shall be based on other regional
zones established by the department.
  (3)(a) To assist the department in administering the program
described in this section, the department may enter into a
contract with a nonprofit corporation that:
  (A) Has a statewide facility inventory; and
  (B) Has technical expertise in real property acquisition and in
facility planning and development for public school districts.
  (b) Any contract entered into as provided by this subsection
shall be consistent with the purposes of this section and may
include a requirement that the nonprofit corporation match
funding or other contributions consistent with the purposes of
this section. + }
  SECTION 7.  { + Section 6 of this 2013 Act is repealed on July
1, 2015. + }
  SECTION 8.  { + 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 $375,000, which may be expended for
the program established by section 6 of this 2013 Act. + }
  SECTION 9.  { + 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. + }
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