Bill Text: OR SJR201 | 2012 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to creation of State Board of Education.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SJR201 Detail]

Download: Oregon-2012-SJR201-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 10

                   Senate Joint Resolution 201

Sponsored by Senator KRUSE; Senators ATKINSON, FERRIOLI, GIROD,
  OLSEN, WHITSETT (Presession filed.)

                             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 as
introduced.

  Proposes amendment to Oregon Constitution creating State Board
of Education. Directs State Board of Education to establish
policies for administration and operation of public elementary
and secondary schools, public universities and community colleges
and to appoint Superintendent of Public Instruction.
  Provides for termination of terms of office of individuals who
are members of state boards that establish policies for education
in this state and who are holding office on June 30, 2013, and
beginning of terms of office of appointed members of State Board
of Education on July 1, 2013. Provides for termination of term of
office for Superintendent of Public Instruction who is holding
office on January 4, 2015, and beginning of term of office of
appointed Superintendent of Public Instruction on January 5,
2015.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 1a to be added to and made a part of
Article VIII, and by amending section 1, Article VIII, section 1,
Article XI-M, and section 8, Article XV, such sections to read:
   { +  Sec. 1. + }   { - The Governor shall be superintendent of
public instruction, and his powers, and duties in that capacity
shall be such as may be prescribed by law; but after the term of
five years from the adoption of this Constitution, it shall be
competent for the Legislative Assembly to provide by law for the
election of a superintendent, to provide for his compensation,
and prescribe his powers and duties. ? - }  { +  (1)(a) The State
Board of Education is created for the purpose of establishing
policies for the administration and operation of the public
elementary and secondary schools, public universities and
community colleges of this state.
  (b) The State Board of Education shall have the powers assigned
by law.
  (c) The State Board of Education shall appoint the
Superintendent of Public Instruction and shall perform any other
duties assigned by law.
  (2) The State Board of Education shall consist of 11 members
who are appointed by the Governor and confirmed by the Senate.
The members of the State Board of Education serve at the pleasure
of the Governor.
  (3) The Governor shall appoint the members of the State Board
of Education from among the residents of this state as follows:
  (a) One member from each congressional district to represent
kindergarten through grade 12. When selecting the members, the
Governor shall consider a list of persons that is jointly
submitted by an organization representing school employees, an
organization representing school administrators and an
organization representing school district boards. The list shall
provide the names of three persons from each congressional
district.
  (b) Three members to represent public universities. When
selecting the members, the Governor shall consider a list of
persons that is submitted by an organization representing public
universities. The list shall provide the names of five persons.
  (c) The remainder of the members to represent community
colleges. When selecting the members, the Governor shall consider
a list of persons that is submitted by an organization
representing community colleges. The list shall provide the names
of five persons.
  (4) A member of the State Board of Education shall serve for a
term of four years and may not serve more than two consecutive
full terms.
  (5) A member of the State Board of Education may not engage in
teaching or participate in the administration or operation of any
public elementary or secondary school, public university or
community college while serving on the board. + }
   { +  SECTION 1a. + }  { + (1) On July 1, 2013, the following
is abolished:
  (a) The State Board of Higher Education; or
  (b) Any other state board that succeeds the State Board of
Higher Education for the purpose of establishing policies for the
administration and operation of the public universities of this
state.
  (2) On July 1, 2013, the terms of office of the following
individuals are terminated:
  (a) Individuals who are members of a state board described in
subsection (1) of this section and who are holding office on June
30, 2013; and
  (b) Individuals who are members of the State Board of
Education, or any other state board that succeeds the State Board
of Education for the purpose of establishing policies for the
administration and operation of the public elementary or
secondary schools or community colleges of this state, and who
are holding office on June 30, 2013.
  (3) The members of the State Board of Education who are first
appointed by the Governor under section 1 of this Article shall
take office on July 1, 2013.
  (4) Notwithstanding subsection (4) of section 1 of this
Article, the members first appointed to the State Board of
Education as provided by section 1 of this Article shall:
  (a) Determine by lot the length of their terms such that:
  (A) Five serve terms that expire on July 1, 2017; and
  (B) Six serve terms that expire on July 1, 2019.
  (b) Be eligible for reappointment to the board if the member's
term of office was terminated pursuant to this section.
  (5) On January 5, 2015, the term of office is terminated for
the individual who is holding the office of the Superintendent of
Public Instruction on January 4, 2015.
  (6) The Superintendent of Public Instruction who is first
appointed by the State Board of Education under section 1 of this
Article shall take office on January 5, 2015.
  (7) This section is repealed on July 1, 2020. + }
   { +  Sec. 1. + } (1) In the manner provided by law and
notwithstanding the limitations contained in section 7, Article
XI of this Constitution, the credit of the State of Oregon may be
loaned and indebtedness incurred, in an aggregate outstanding
principal amount not to exceed, at any one time, one-fifth of one
percent of the real market value of all property in the state, to
provide funds for the planning and implementation of seismic
rehabilitation of public education buildings, including surveying
and conducting engineering evaluations of the need for seismic
rehabilitation.
  (2) Any indebtedness incurred under this section must be in the
form of general obligation bonds of the State of Oregon
containing a direct promise on behalf of the State of Oregon to
pay the principal, premium, if any, interest and other amounts
payable with respect to the bonds, in an aggregate outstanding
principal amount not to exceed the amount authorized in
subsection (1) of this section. The bonds are the direct
obligation of the State of Oregon and must be in a form, run for
a period of time, have terms and bear rates of interest as may be
provided by statute. The full faith and credit and taxing power
of the State of Oregon must be pledged to the payment of the
principal, premium, if any, and interest on the general
obligation bonds; however, the ad valorem taxing power of the
State of Oregon may not be pledged to the payment of the bonds
issued under this section.
  (3) As used in this section, 'public education building ' means
a building owned by the State Board of   { - Higher - }
Education, a school district, an education service district, a
community college district or a community college service
district.
   { +  Sec. 8. + } Notwithstanding the provisions of section 1
article III and section 10 article II of the Constitution of the
State of Oregon, a person employed  { + within the Oregon
University System + } by the State Board of   { - Higher - }
Education, a member of any school board or employee thereof,
shall be eligible to a seat in the Legislative Assembly and such
membership in the Legislative Assembly shall not prevent such
person from being employed  { + within the Oregon University
System + } by the State Board of   { - Higher - } Education or
from being a member or employee of a school board.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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