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 3661
 
                         House Bill 3207
 
Sponsored by Representative BUTLER; Representatives BACKLUND,
  BATES, HASS, HOPSON, KNOPP, KRUSE, LEE, WESTLUND, WILLIAMS,
  Senators CARTER, DECKERT, FERRIOLI, METSGER, STARR
 
 
                             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.
 
  Authorizes Health, Housing, Educational and Cultural Facilities
Authority to finance projects for public and nonprofit schools
providing kindergarten through grade 12 education.
 
                        A BILL FOR AN ACT
Relating to Health, Housing, Educational and Cultural Facilities
  Authority; amending ORS 289.005.
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 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 - }
 { + mean + } any school or any institution primarily engaged in
religious or sectarian activities.
  (5) 'Health care institution' means a public or nonprofit
organization that provides 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, assisted living, elderly
care and housing, including retirement communities, and equipment
used or useful for the provision of health care and related
services.
  (6) 'Housing institution' means a public or nonprofit
organization that provides decent, affordable housing to low
income persons.
  (7) 'Institution' means an institution for housing, higher
education { +  or kindergarten through grade 12 education + }, a
school for the handicapped, a health care institution or a
cultural institution within this state.
  (8) '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 - }   { + mean + } any school or any institution
primarily engaged in religious or sectarian activities.
   { +  (9) 'Institution for kindergarten through grade 12
education' means a public or nonprofit educational institution
within this state authorized by law to provide a program of
education for kindergarten through grade 12. 'Institution for
kindergarten through grade 12 education' does not mean 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 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  { + that is an
institution + } for higher education { + , an institution for
kindergarten through grade 12 education + } or
 { - participating institution - }   { + a school + } 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 { + , an institution for kindergarten through grade 12
education + } or
  { - participating institution - }   { + a school + } 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 { + , an institution for
kindergarten through grade 12 education + } or
 { - participating institution - }   { + a school + } 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  { + institution that is
a + } 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  { + institution that is
a + } 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  { + institution that is
a + } 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, 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, 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.
  (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 - }  { + mean + } any school or any institution
primarily engaged in religious or sectarian activities.
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