71st OREGON LEGISLATIVE ASSEMBLY--2001 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 310
House Bill 2556
Sponsored by Representative BUTLER
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.
Renames Health, Housing, Educational and Cultural Facilities
Authority as Health, Housing, Educational, Food Bank and Cultural
Facilities Authority. Authorizes authority to finance costs of
food bank facilities with public bonds.
A BILL FOR AN ACT
Relating to bonding authority for certain facilities; creating
new provisions; and amending ORS 244.050, 289.005, 289.100 and
289.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 289.005 is amended to read:
289.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Authority' means the Health, Housing, Educational { + ,
Food Bank + } and Cultural Facilities Authority created by this
chapter.
(2) 'Bonds' or 'revenue bonds' means revenue bonds, notes, bond
anticipation notes and any other evidence of indebtedness of the
authority issued under the provisions of this chapter, including
revenue refunding bonds, notwithstanding that the same may be
secured by any federally guaranteed security, whether acquired by
the authority or by a participating institution, or by mortgage,
the full faith and credit or by any other lawfully pledged
security of one or more participating institutions.
(3) 'Cost' means the cost of:
(a) Construction, acquisition, alteration, enlargement,
reconstruction and remodeling of a project, including all lands,
structures, real or personal property, rights, rights of way, air
rights, franchises, easements and interests acquired or used for
or in connection with a project;
(b) Demolishing or removing any buildings or structures on land
as acquired, including the cost of acquiring any lands to which
such buildings or structures may be moved;
(c) All machinery and equipment;
(d) Financing charges, interest prior to, during and for a
period after completion of construction and acquisition,
reasonably required amounts to make the project operational,
provisions for reserves for principal and interest and for
extensions, enlargements, additions, replacements, renovations
and improvements;
(e) Architectural, actuarial engineering, financial and legal
services, plans specifications, studies, surveys, estimates of
costs and of revenues, administrative expenses, expenses
necessary or incident to determining the feasibility or
practicability of constructing the project; and
(f) Such other expenses as may be necessary or incident to a
project, the financing of such project and the placing of the
project in operation.
(4) 'Cultural institution' means a public or nonprofit
institution within this state which engages in the cultural,
intellectual, scientific, environmental, educational or artistic
enrichment of the people of this state. 'Cultural institution '
includes, without limitation, aquaria, botanical societies,
historical societies, land conservation organizations, libraries,
museums, performing arts associations or societies, scientific
societies, wildlife conservation organizations and zoological
societies. 'Cultural institution' does not include any school or
any institution primarily engaged in religious or sectarian
activities.
{ + (5) 'Food bank institution' means a public or nonprofit
organization that provides, without charge or on a fee schedule
reflecting ability to pay or requiring only a shared maintenance
contribution, for the collection and distribution of donated food
to nonprofit charitable organizations and individuals to reduce
hunger and meet nutritional needs. + }
{ - (5) - } { + (6) + } 'Health care institution' means a
public or nonprofit organization that provides health care and
related services { - , - } { + or mental health care and
related services, + } including but not limited to the provision
of inpatient and outpatient care, diagnostic or therapeutic
services, laboratory services, medicinal drugs, nursing care,
{ + residential drug or alcohol treatment services, + } assisted
living, elderly care and housing, including retirement
communities, and equipment used or useful for the provision of
health care and related services { + or mental health care and
related services + }.
{ - (6) - } { + (7) + } 'Housing institution' means a
public or nonprofit organization that provides decent, affordable
housing to low income persons.
{ - (7) - } { + (8) + } 'Institution' means an institution
for housing, higher education, a school for the handicapped, a
health care institution { + , a food bank institution + } or a
cultural institution within this state.
{ - (8) - } { + (9) + } 'Institution for higher education'
means a public or nonprofit educational institution within this
state authorized by law to provide a program of education beyond
the high school level, including community colleges and associate
degree granting institutions. 'Institution for higher education'
does not include any school or any institution primarily engaged
in religious or sectarian activities.
{ - (9) - } { + (10) + } 'Nonprofit' means an institution,
organization or entity exempt from taxation under section
501(c)(3) of the Internal Revenue Code as amended and in effect
on the effective date of this chapter.
{ - (10) - } { + (11) + } 'Participating institution' means
a participating institution for health care, housing, higher
education, a participating school for the handicapped { + , a
participating food bank institution + } or a participating
cultural institution.
{ - (11)(a) - } { + (12)(a) + } 'Project' means the
financing or refinancing, including without limitation,
acquisition, construction, enlargement, remodeling, renovation,
improvement, furnishing or equipping, of the following:
(A) In the case of a participating institution for higher
education or participating institution for the handicapped, a
structure or structures suitable for use as a dormitory or other
multiunit housing facility for students, faculty, officers or
employees, or a dining hall, student union, administration
building, academic building, library, laboratory, research
facility, classroom, athletic facility, health care facility,
maintenance, storage or utility facility and other structures or
facilities related to any of the structures required or used for
the instruction of students, the conducting of research or the
operation of an institution for higher education or participating
institution for the handicapped. It shall also include
landscaping, site preparation, furniture, equipment and machinery
and other similar items necessary or convenient for the operation
of a particular facility or structure in the manner for which its
use is intended and shall further include any furnishings,
equipment, machinery and other similar items necessary or
convenient for the operation of an institution of higher
education or participating institution for the handicapped,
whether or not such items are related to a particular facility or
structure financed under this chapter;
(B) In the case of a participating housing
{ - organization - } { + institution + }, a structure or
structures suitable for use as housing, including residences or
multiunit housing facilities, administration buildings,
maintenance, storage or utility facilities and other structures
or facilities related to any of the structures required or used
for the operation of the housing, including parking and other
facilities or structures essential or convenient for the orderly
provision of such housing. It shall also include landscaping,
site preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the particular housing
facility or structure in the manner for which its use is intended
and shall further include any furnishings, equipment, machinery
and other similar items necessary or convenient for the provision
of housing, whether or not such items are related to a particular
facility or structure financed under this chapter;
(C) In the case of a participating cultural institution, a
structure or structures suitable for its purposes, whether or not
to be used to provide educational services, or research
resources, including use as or in connection with an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse, library,
museum, scientific laboratory, theater or zoological facility.
{ - ' Cultural facilities' - } { + It + } shall also include
supporting facilities, landscaping, site preparation, furniture,
equipment, machinery and other similar items necessary or
convenient for the operation of a cultural institution, whether
or not such items are related to a particular facility or
structure financed under this chapter, including books, works of
art or other items for display or exhibition;
{ - and - }
(D) In the case of a participating health care institution, a
structure or structures suitable for its purposes, including
hospital facilities, inpatient and outpatient clinics, doctors'
offices, administration buildings, parking, maintenance, storage
or utility facilities, nursing care or assisted living
facilities, elderly care and housing facilities, including
retirement communities, { + residential drug or alcohol
treatment facilities, + } and other structures or facilities
related to any of the structures required or used for the
operation of the health care institution, including other
facilities or structures essential or convenient for the orderly
provision of such health care. It shall also include landscaping,
site preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the particular health
care facility or structure in the manner for which its use is
intended and shall further include any working capital,
furnishings, equipment, machinery and other similar items
necessary or convenient for the provision of health care { + or
mental health care + }, whether or not such items are related to
a particular facility or structure financed under this chapter,
including borrowings needed to alleviate interim cash flow
deficits of a health care institution { + ; and
(E) In the case of a participating food bank institution, a
structure or structures suitable for use as food storage or
distribution facilities, administration buildings, maintenance,
storage or utility facilities, food processing structures or
facilities and other structures or facilities related to any of
the structures required or used for the operation of a food
bank. + } { + It shall also include landscaping, site
preparation, furniture, equipment and machinery and other similar
items necessary or convenient for the operation of a food bank,
whether or not such items are related to a particular facility or
structure financed under this chapter + }.
(b) 'Project' also includes any combination of one or more of
the projects undertaken jointly by one or more participating
institutions with each other or with other parties.
(c) 'Project' does not include any facility used or to be used
for sectarian instruction or as a place of religious worship or
any facility which is used or to be used primarily in connection
with any part of the program of a school or department of
divinity for any religious denomination.
{ - (12) - } { + (13) + } 'School for the handicapped'
means a public or nonprofit primary, secondary or post-secondary
school within this state which serves students at least 70
percent of whom are handicapped as determined by one or more
appropriate education, rehabilitation, medical or mental health
authorities; is accredited by a recognized accrediting body; and
is determined by the authority to be a major resource of benefit
to the handicapped. 'School for the handicapped' does not include
any school or any institution primarily engaged in religious or
sectarian activities.
SECTION 2. ORS 289.100 is amended to read:
289.100. (1) There is created a body politic and corporate to
be known as the Health, Housing, Educational { + , Food Bank + }
and Cultural Facilities Authority. The authority is constituted a
public instrumentality, and the exercise by the authority of the
powers conferred by this chapter shall be considered and held to
be the performance of an essential public function.
(2) The authority shall consist of five members who shall be
residents of this state, not more than three of whom shall be
members of the same political party. The State Treasurer shall
appoint the members. At least one of the members shall be a
person knowledgeable in the field of state and municipal finance.
At least one of the members shall be a person knowledgeable in
the building construction field.
(3) Upon the expiration of the term of any member, a successor
shall be appointed for a term of four years. The State Treasurer
shall fill any vacancy for the remainder of the unexpired term.
SECTION 3. ORS 289.130 is amended to read:
289.130. The Health, Housing, Educational { + , Food Bank + }
and Cultural Facilities Authority Account is created separate and
distinct from the General Fund. The account is an investment
account for purposes of ORS 293.701 to 293.820. Interest on the
account shall be credited to and deposited in the account. The
account is continuously appropriated to the Health, Housing,
Educational { + , Food Bank + } and Cultural Facilities Authority
and may be used to meet administrative expenses of the authority.
SECTION 4. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) { + Health, + } Housing, Educational { + , Food Bank + }
and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health Sciences University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the biennial
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding biennial primary election shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 5. { + (1) The amendments to ORS 289.100 and 289.130
by sections 2 and 3 of this 2001 Act are intended to change the
name of the Health, Housing, Educational and Cultural Facilities
Authority and of the Health, Housing, Educational and Cultural
Facilities Authority Account to the Health, Housing, Educational,
Food Bank and Cultural Facilities Authority and the Health,
Housing, Educational, Food Bank and Cultural Facilities Authority
Account, respectively.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Health, Housing,
Educational and Cultural Facilities Authority and the Health,
Housing, Educational and Cultural Facilities Authority Account,
wherever they occur in Oregon Revised Statutes, other words
designating the Health, Housing, Educational, Food Bank and
Cultural Facilities Authority and the Health, Housing,
Educational, Food Bank and Cultural Facilities Authority Account,
respectively. + }
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