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 778
Senate Bill 1
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senator Gene Derfler)
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.
Designates Governor as Superintendent of Public Instruction.
Allows Governor to appoint Deputy Superintendent of Public
Instruction. Allows current Superintendent of Public Instruction
to complete term of office.
A BILL FOR AN ACT
Relating to Superintendent of Public Instruction; creating new
provisions; amending ORS 171.130, 171.133, 171.735, 173.130,
240.205, 240.240, 244.020, 244.050, 249.002, 249.056, 254.005,
260.005, 260.174, 292.313, 292.430, 292.930, 326.310 and
343.465; and repealing ORS 326.305 and 326.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 326.330 is repealed and section 2 of this
2001 Act is enacted in lieu thereof. + }
SECTION 2. { + (1) The Governor, as Superintendent of Public
Instruction, may appoint, subject to confirmation by the Senate
as provided in ORS 171.562 and 171.565, a Deputy Superintendent
of Public Instruction following consultation with the State Board
of Education.
(2) The Governor shall be responsible for the acts of the
deputy superintendent. The deputy superintendent may perform any
act or duty of the office of the Superintendent of Public
Instruction.
(3) The deputy superintendent may be removed from office by the
Governor following consultation with the State Board of
Education.
(4) The deputy superintendent shall receive such salary as may
be provided by law or, if not so provided, as may be fixed by the
Governor, and shall be reimbursed for all expenses actually and
necessarily incurred by the deputy superintendent in the
performance of official duties. + }
SECTION 3. { + (1) Notwithstanding section 2 of this 2001 Act,
the Governor shall become the Superintendent of Public
Instruction when one of the following first occurs:
(a) The expiration of the term of the Superintendent of Public
Instruction holding office on the effective date of this 2001
Act.
(b) The vacancy for any cause in the office of Superintendent
of Public Instruction on or after the effective date of this 2001
Act.
(2) The Superintendent of Public Instruction holding office on
the effective date of this 2001 Act shall continue to serve as
superintendent until the date on which the Governor becomes
Superintendent of Public Instruction as provided in subsection
(1) of this section. A superintendent so continuing to serve
shall have the authority, powers, functions and duties of, and be
subject to other provisions of law applicable to, the
superintendent.
(3) The Governor may appoint a Deputy Superintendent of Public
Instruction pursuant to section 2 of this 2001 Act to take office
on or after the date on which the Governor becomes Superintendent
of Public Instruction as provided in subsection (1) of this
section. + }
SECTION 4. ORS 171.130 is amended to read:
171.130. (1) At any time in advance of any regular or special
session of the Legislative Assembly fixed by the Legislative
Counsel Committee, or at any time in advance of a special session
as may be fixed by joint rules of both houses of the Legislative
Assembly, the following may file a proposed legislative measure
with the Legislative Counsel:
(a) Members who will serve in the session and members-elect.
(b) Interim and statutory committees of the Legislative
Assembly.
(2) On or before December 15 of the year preceding a regular
legislative session, or at any time in advance of a special
session as may be fixed by joint rules of both houses of the
Legislative Assembly, the following may file a proposed
legislative measure with the Legislative Counsel:
(a) The Oregon Department of Administrative Services, to
implement the fiscal recommendations of the Governor contained in
the budget report of the Governor.
(b) The person who will serve as Governor during the session.
(c) The Secretary of State, the State Treasurer, the Attorney
General { - , - } { + and + } the Commissioner of the Bureau
of Labor and Industries { - and the Superintendent of Public
Instruction - } .
(3) Notwithstanding subsection (2) of this section, a statewide
elected official who initially assumes office in January of an
odd-numbered year may submit proposed measures for introduction
by members or committees of the Legislative Assembly until the
calendar day designated by rules of either house of the
Legislative Assembly. The exemption granted by this subsection to
a newly elected Governor does not apply to state agencies in the
executive branch.
(4) On or before December 15 of the year preceding a regular
legislative session, a state agency may file a proposed
legislative measure with the Legislative Counsel through a member
or committee of the Legislative Assembly.
(5) The Legislative Counsel shall order each measure filed
pursuant to subsections (1) to (4) of this section prepared for
printing and may order the measure printed. If the person filing
a measure specifically requests in writing that the measure be
made available for distribution, the Legislative Counsel shall
order the measure printed and shall make copies of the printed
measure available for distribution before the beginning of the
session to members and members-elect and to others upon request.
(6) Copies of all measures filed and prepared for printing or
printed pursuant to this section shall be forwarded by the
Legislative Counsel to the chief clerk of the house designated by
the person filing the measure for introduction.
(7) The costs of carrying out this section shall be paid out of
the money appropriated for the expenses of that session of the
Legislative Assembly for which the measure is to be printed.
(8) The Legislative Counsel Committee shall adopt rules
necessary to accomplish the purpose of this section.
(9) This section does not affect any law or any rule of the
Legislative Assembly or either house thereof relating to the
introduction of legislative measures.
SECTION 5. ORS 171.133 is amended to read:
171.133. (1) A state agency shall not cause a bill or measure
to be introduced before the Legislative Assembly if the bill or
measure has not been approved by the Governor.
(2) As used in ORS 171.130 and this section, 'state agency '
means every state agency whose costs are paid wholly or in part
from funds held in the State Treasury, except the Legislative
Assembly, the courts and their officers and committees, and
except the Secretary of State, the State Treasurer, the Attorney
General { - , - } { + and + } the Commissioner of the Bureau
of Labor and Industries { - and the Superintendent of Public
Instruction - } .
SECTION 6. ORS 171.735 is amended to read:
171.735. Provided such persons are not registered with the
Oregon Government Standards and Practices Commission, ORS 171.740
and 171.745 do not apply to the following persons:
(1) News media or their employees or agents, who in the
ordinary course of business publish or broadcast news items,
editorials or other comments or paid advertisements which
directly or indirectly urge legislative action if such persons
engage in no other activities in connection with such legislative
action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who receives no additional consideration for
lobbying and who limits lobbying activities solely to formal
appearances to give testimony before public sessions of
committees of the Legislative Assembly, or public hearings of
state agencies, and who, if the individual testifies, registers
an appearance in the records of such committees or agencies.
(4) A person who spends not more than 24 hours during any
calendar quarter lobbying, excluding travel time, and who does
not spend an amount in excess of $100 lobbying during any
calendar quarter excluding the cost of personal travel, meals and
lodging. Once either the $100 or 24-hour amount is exceeded by
an individual or by a corporation, association, organization or
other group, the individual, corporation, association,
organization or other group must comply with the requirements of
ORS 171.740 to 171.756 and must register with the Oregon
Government Standards and Practices Commission under ORS 171.740
within three working days after exceeding either the expenditure
or the time limit, or both.
(5) The Governor, Executive Assistant to the Governor, Legal
Counsel to the Governor, Secretary of State, Deputy Secretary of
State appointed pursuant to ORS 177.040, State Treasurer, Chief
Deputy State Treasurer appointed pursuant to ORS 178.060,
Attorney General, Deputy Attorney General appointed pursuant to
ORS 180.130, { - Superintendent of Public Instruction, - }
Commissioner of the Bureau of Labor and Industries and any judge.
SECTION 7. ORS 173.130 is amended to read:
173.130. (1) The Legislative Counsel shall prepare or assist in
the preparation of legislative measures when requested to do so
by a member or committee of the Legislative Assembly.
(2) Upon the written request of a state agency, the Legislative
Counsel may prepare or assist in the preparation of legislative
measures that have been approved for preparation in writing by
the Governor or the Governor's designated representative. The
Legislative Counsel may also prepare or assist in the preparation
of legislative measures that are requested in writing by the
Secretary of State, the State Treasurer, the Attorney General
{ - , - } { + or + } the Commissioner of the Bureau of Labor
and Industries { - or the Superintendent of Public
Instruction - } . In accordance with ORS 283.110, the Legislative
Counsel may charge the agency or officer for the services
performed.
(3) The Legislative Counsel shall give such consideration to
and service concerning any measure or other legislative matter
before the Legislative Assembly that is requested by the House of
Representatives, the Senate or any committee of the Legislative
Assembly that has the measure or other matter under
consideration.
(4) The Legislative Counsel, pursuant to the policies and
directions of the Legislative Counsel Committee and in conformity
with any applicable rules of the House of Representatives or
Senate, shall perform or cause to be performed research service
requested by any member or committee of the Legislative Assembly
in connection with the performance of legislative functions.
Research assignments made by joint or concurrent resolution of
the Legislative Assembly shall be given priority over other
research requests received by the Legislative Counsel. The
research service to be performed includes the administrative
services incident to the accomplishment of the research requests
or assignments.
(5) The Legislative Counsel shall give an opinion in writing
upon any question of law in which the Legislative Assembly or any
member or committee of the Legislative Assembly may have an
interest when the Legislative Assembly or any member or committee
of the Legislative Assembly requests the opinion. The Legislative
Counsel shall not give opinions or other legal advice to persons
or agencies other than the Legislative Assembly and members and
committees of the Legislative Assembly.
(6) The Legislative Counsel may enter into contracts to carry
out the functions of the Legislative Counsel.
SECTION 8. ORS 240.205 is amended to read:
240.205. The unclassified service shall comprise:
(1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
(2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
(3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
(4) Principal assistants and deputies and one private secretary
for each executive or administrative officer specified in ORS
240.200 (1) and in subsections (1) to (3) of this section. '
Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
(5) Employees in the Governor's office and the principal
assistant and private secretary in the Secretary of State's
division.
(6) The deans, professors, principals, instructors and teachers
in facilities operated under ORS 346.010.
(7) Apprentice trainees only during the prescribed length of
their course of training.
(8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
(9) Lawyers employed in their professional capacities.
(10) All members of the Oregon State Police appointed under ORS
181.250 and 181.265.
(11) { + The + } Deputy { - superintendents - }
{ + Superintendent of Public Instruction, if appointed under
section 2 of this 2001 Act, + }and associate superintendents in
the Department of Education.
(12) Temporary seasonal farm laborers engaged in single phases
of agricultural production or harvesting.
(13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
(14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
(15) Managers and other employees of the foreign trade offices
of the Economic and Community Development Department located
outside the country.
(16) Any other position designated by law as unclassified.
SECTION 9. ORS 240.240 is amended to read:
240.240. (1) The unclassified service or, except as provided in
ORS 240.250, the management service shall not be subject to this
chapter, except that employees and officers in the unclassified
or management service shall be subject to the laws, rules and
policies pertaining to any type of leave with pay except as
otherwise provided in subsections (4) { - and (5) - } { + to
(6) + } of this section, and shall be subject to the laws, rules
and policies pertaining to salary plans except as otherwise
provided in subsections (3) { - and (5) - } { + , (5) and
(6) + } of this section.
(2) With regard to any unclassified or management service
position for which the salary is not fixed by law, and except as
otherwise provided in subsections (3) { - and (5) - } { + ,
(5) and (6) + } of this section, the Personnel Division shall
adopt a salary plan which is equitably applied to various
categories in the unclassified or management service and is in
reasonable conformity with the general salary structure of the
state. The division shall maintain this unclassified and
management salary plan in accordance with the procedures
established for the classified salary plan as provided in ORS
240.235.
(3) The Secretary of State and the State Treasurer, for the
purpose of maintaining a salary plan for unclassified and
management service positions in their departments, may request
the advice and assistance of the division.
(4) With regard to unclassified instructors and teachers under
annual teaching contracts for an academic year in facilities
operated under ORS 346.010, arrangements for leave with pay shall
be established by the Department of Education.
(5) With regard to unclassified positions in the Economic and
Community Development Department's foreign offices, the salary
plan and arrangements for leave with pay shall be established by
the Director of the Economic and Community Development
Department.
{ + (6) With regard to the Deputy Superintendent of Public
Instruction, if appointed under section 2 of this 2001 Act, the
salary plan and arrangements for leave with pay shall be
established by the Governor under the provisions of section 2 (4)
of this 2001 Act if not fixed by law. + }
SECTION 10. ORS 244.020 is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection (7)
of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
is associated in a nonremunerative capacity.
(3) 'Business with which the person is associated' means any
business of which the person or the person's relative is a
director, officer, owner or employee, or agent or any corporation
in which the person or the person's relative owns or has owned
stock worth $1,000 or more at any point in the preceding calendar
year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged. The commission may by rule limit the minimum size of or
otherwise establish criteria for or identify the smaller classes
that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or the public official's relative without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or the public official's relative for
valuable consideration less than that required from others who
are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year.
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, { - Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, - } Attorney General
or Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 11. 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.
{ + (Y) Deputy Superintendent of Public Instruction, if
appointed under section 2 of this 2001 Act. + }
(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) Housing, Educational 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 12. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
{ - Superintendent of Public Instruction, - } Commissioner of
the Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, county surveyor, county
treasurer, sheriff, district attorney or any office designated
nonpartisan by a home rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, { - Superintendent of Public Instruction, - }
judge, state Senator, state Representative or district attorney.
SECTION 13. ORS 249.056 is amended to read:
249.056. (1) At the time of filing a declaration of candidacy a
candidate for the following offices shall pay to the officer with
whom the declaration is filed the following fee:
(a) United States Senator, $150.
(b) Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
{ - Superintendent of Public Instruction, - } Representative
in Congress, judge of the Supreme Court, Court of Appeals or
Oregon Tax Court, or executive officer or auditor of a
metropolitan service district, $100.
(c) County office, district attorney or circuit court judge,
$50.
(d) State Senator or Representative or councilor of a
metropolitan service district under ORS chapter 268, $25.
(2) No filing fee shall be required of persons filing a
declaration of candidacy for precinct committeeperson or justice
of the peace.
SECTION 14. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(7) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(8) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(9) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, { - Superintendent of Public Instruction, - }
Commissioner of the Bureau of Labor and Industries, any elected
office of a metropolitan service district under ORS chapter 268,
justice of the peace, county clerk, county assessor, county
surveyor, county treasurer, sheriff, district attorney or any
office designated nonpartisan by a home rule charter.
(10) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(11) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
(12) 'Voting machine' means:
(a) Any device which will record every vote cast on candidates
and measures and which will either internally or externally total
all votes cast on that device.
(b) Any device into which a ballot may be inserted and which is
so designed and constructed that the vote for any candidate or
measure may be indicated by punching or marking the ballot.
(13) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked or
punched ballots.
SECTION 15. ORS 260.005 is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(i) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(6) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(7) 'Filing officer' means:
(a) The Secretary of State, regarding a candidate for any state
office or any office to be voted for in the state at large or in
a congressional district or regarding a measure to be voted on in
the state at large.
(b) The county clerk, regarding a candidate for any county
office or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county.
(c) The chief city elections officer, regarding a candidate for
any city office, or a measure to be voted for in a city only.
(d) The county clerk of the county in which the office of the
chief administrative officer or administrative board is located
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county.
(e) In the case of an irrigation district formed under ORS
chapter 545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
(8) 'Independent expenditure' means an expenditure by a person
for a communication expressly advocating the election or defeat
of a clearly identified candidate that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate. As used in this
subsection:
(a) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(b) 'Clearly identified' means:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(c) 'Expressly advocating' means any communication containing a
message advocating election or defeat, including but not limited
to the name of the candidate, or expressions such as ' vote for,'
'elect,' 'support,' 'cast your ballot for, ' ' vote against,'
'defeat' or 'reject. '
(d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent prior to the publication,
distribution, display or broadcast of the communication. An
expenditure shall be presumed to be so made when it is:
(i) Based on information about the candidate's plans, projects
or needs provided to the expending person by the candidate or by
the candidate's agent, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
who is or has been receiving any form of compensation or
reimbursement from the candidate, the candidate's principal
campaign committee or agent; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(9) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(10) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(11) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(12) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(13) 'Occupation' means the nature of an individual's principal
business or, if the individual is employed by another person, the
nature of the individual's principal business or the business
name and address of the employer.
(14) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(15)(a) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure shall not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.058, 260.063, 260.068, 260.073 or 260.102 or a
certificate filed under ORS 260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 (1).
(16) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(17) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(18) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(19) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(20)(a) 'Slate mailer organization' means, except as provided
in paragraph (b) of this subsection, any person who directly or
indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
(21) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, { - Superintendent of Public
Instruction, - } state Senator, state Representative, judge or
district attorney.
SECTION 16. ORS 260.174 is amended to read:
260.174. (1) No legislative official, statewide official or
candidate therefor shall attempt to receive or to solicit or
receive or solicit a contribution to the official or candidate or
the official's or candidate's principal campaign committee or
attempt to solicit or solicit an expenditure in support of the
official or candidate from any person or political committee
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
upon adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor
shall not attempt to receive or to solicit or receive or solicit
a contribution to the Governor or candidate for Governor or the
Governor's or candidate's principal campaign committee or attempt
to solicit or solicit an expenditure in support of the Governor
or candidate for Governor from any person or political committee
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(3) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending upon adjournment
of the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly, shall
attempt to make or promise to make or make or promise to make a
contribution to a legislative official, statewide official or
candidate therefor or to the official's or candidate's principal
campaign committee, or promise to make an expenditure in support
of the official or candidate.
(4) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 business days
following adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly, shall attempt to make or promise to make or
make or promise to make a contribution to the Governor,
Governor-elect or candidate for Governor, or to the Governor's or
candidate's principal campaign committee, or promise to make an
expenditure in support of the Governor or candidate for Governor.
(5) No person or political committee affiliated with a
political party, caucus of either house of the Legislative
Assembly, legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a contribution on
behalf of a legislative official, statewide official or candidate
therefor during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly
and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(6) No person or political committee affiliated with a
political party, caucus of either house of the Legislative
Assembly, legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a contribution on
behalf of the Governor, Governor-elect or candidate for Governor
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(7) Nothing in this section shall prohibit:
(a) A legislative official, statewide official or candidate
therefor from making a contribution as an individual from the
individual's personal funds to the same official, candidate or
the candidate's principal campaign committee; or
(b) The Governor, Governor-elect or a candidate for Governor
from making a contribution as an individual from the individual's
personal funds to the same individual as Governor,
Governor-elect, a candidate for Governor or the candidate's
principal campaign committee.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, { - Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, - } Attorney General
or Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
SECTION 17. ORS 292.313 is amended to read:
292.313. The incumbents of each of the following offices shall
be paid an annual salary on a monthly basis, as follows:
(1) Governor, $88,300 for the year beginning July 1, 1997, and
each year thereafter. The Governor shall also be paid $1,000 per
month regularly for expenses necessarily incurred but not
otherwise provided for.
(2) Secretary of State, $67,900 for the year beginning July 1,
1997, and each year thereafter. The Secretary of State shall also
be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for.
(3) State Treasurer, $67,900 for the year beginning July 1,
1997, and each year thereafter. The State Treasurer shall also be
paid $250 per month regularly for expenses necessarily incurred
but not otherwise provided for.
(4) Attorney General, $72,800 for the year beginning July 1,
1997, and each year thereafter. The Attorney General shall also
be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for.
{ - (5) Superintendent of Public Instruction, $67,900
beginning July 1, 1997, and each year thereafter. The
superintendent shall also be paid $250 per month regularly for
expenses necessarily incurred but not otherwise provided for. - }
{ - (6) - } { + (5) + } Commissioner of the Bureau of Labor
and Industries, $67,900 for the year beginning July 1, 1997, and
each year thereafter. The commissioner shall also be paid $250
per month regularly for expenses necessarily incurred but not
otherwise provided for.
SECTION 18. ORS 292.430 is amended to read:
292.430. (1) In addition to the annual salaries set forth in
ORS 171.072 and 292.313, the Oregon Department of Administrative
Services may 'pick-up,' assume and pay to the Public Employees
Retirement Fund the employee contributions, otherwise required by
ORS 238.200, for the Governor, Secretary of State, State
Treasurer, Attorney General, { - Superintendent of Public
Instruction, - } Commissioner of the Bureau of Labor and
Industries and members of the Legislative Assembly.
(2) The department may provide health, dental, life and
long-term disability insurance without cost to the officers
referred to in subsection (1) of this section and to judges of
the Supreme Court, Court of Appeals, Oregon Tax Court and circuit
courts in such amounts as are provided from time to time to
employees in the unclassified service of the state.
SECTION 19. ORS 292.930 is amended to read:
292.930. Each of the following elective officers shall be paid
an annual salary on a monthly basis as determined by the
Legislative Assembly each biennium beginning July 1, 1985:
(1) Governor.
(2) Secretary of State.
(3) State Treasurer.
(4) Attorney General.
{ - (5) Superintendent of Public Instruction. - }
{ - (6) - } { + (5) + } Commissioner of the Bureau of Labor
and Industries.
{ - (7) - } { + (6) + } Court of Appeals Judge.
{ - (8) - } { + (7) + } Supreme Court Justice.
{ - (9) - } { + (8) + } Circuit Court Judge.
{ - (10) - } { + (9) + } Tax Court Judge.
SECTION 20. ORS 326.310 is amended to read:
326.310. Except as provided by ORS 326.041, 326.051, 326.375,
341.005, 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933,
the Superintendent of Public Instruction shall exercise, under
the direction of the State Board of Education, a general
superintendence of school officers and the public schools. In
carrying out the duties of office, the Superintendent of Public
Instruction shall:
(1) Act as administrative officer of the State Board of
Education.
(2) Act as executive head of the Department of Education and
direct and supervise all activities of the department.
(3) Assist all district school boards, education service
district boards and county school boards in answering questions
concerning the proper administration of the school laws, the
rules of the State Board of Education and the ministerial duties
of school officers and teachers. The decision of the
superintendent shall guide school officers and teachers in the
performance of their duties relating to the matters decided. The
superintendent may submit any question to the State Board of
Education which shall then decide the question.
(4) Obtain and compile such statistical information relative to
the condition and operation of the public schools as the
superintendent or the state board may consider advisable for the
advancement of education and for the information of the state
board and the public.
(5) { + In addition to the provisions of section 2 of this
2001 Act, + } appoint { - , subject to the State Personnel
Relations Law and with the approval of the State Board of
Education, - } such personnel as may be necessary for the
performance of the duties of the office of the
superintendent { + , subject to the State Personnel Relations Law
and with the approval of the State Board of Education + }. The
Superintendent of Public Instruction may designate one or more
suitable persons to sign or countersign warrants, vouchers,
certificates or other papers and documents requiring the
signature of the superintendent.
(6) Administer and supervise adult education programs in the
public elementary and secondary schools.
(7) Perform such other functions as may be necessary to the
performance of the duties of the superintendent.
SECTION 21. ORS 343.465 is amended to read:
343.465. (1) It is the policy of this state to respect the
unique nature of each child, family and community with particular
attention to cultural and linguistic diversity, and to support a
system of services for preschool children with disabilities and
their families that:
(a) Recognizes the importance of the child's family, supports
and builds on each family's strengths and respects family
decision-making and input regarding service options and public
policy.
(b) Identifies, evaluates and refers services for preschool
children with disabilities at the earliest possible time.
(c) Uses specialized services and all other community services
and programs for children, including community preschools, Head
Start programs, community health clinics, family support programs
and other child-oriented agencies.
(d) Uses a variety of funding sources for preschool children
with disabilities and their families, including public and
private funding, insurance and family resources.
(e) Assists families in utilizing necessary services in the
most cost-effective and efficient manner possible by using a
coordinated planning and implementation process.
(f) Insures that all children and their families, regardless of
disability, risk factors or cultural or linguistic differences,
are able to utilize services for which they would otherwise be
qualified.
(g) Encourages services and supports for preschool children
with disabilities and their families in their home communities
and in settings with children without disabilities.
(h) Recognizes the importance of developing and supporting
well-trained and competent personnel to provide services to
preschool children with disabilities, and their families.
(i) Evaluates the system's impact on the child and family,
including child progress, service quality, family satisfaction,
transition into public schooling, longitudinal and cumulative
reporting over several biennia and interagency coordination at
both the state and local level.
(j) Reports information described in paragraph (i) of this
subsection to the State Interagency Coordinating Council, the
Governor, the { + Deputy + } Superintendent of Public
Instruction, { + if appointed under section 2 of this 2001
Act, + } the State Board of Education and the Legislative
Assembly each biennium.
(2) In carrying out the provisions of subsection (1) of this
section, the Department of Education, the Department of Human
Services and the Department of Higher Education shall coordinate
services to preschool children with disabilities, or who are at
risk of developing disabling conditions, and their families. All
program planning, standards for service, policies regarding
services delivery and budget development for services for
preschool children with disabilities, and their families shall
reflect the policy outlined in subsection (1) of this section and
elaborated through rules and agreements.
SECTION 22. { + ORS 326.305 is repealed. + }
SECTION 23. { + The amendments to ORS 171.130, 171.133,
171.735, 173.130, 240.205, 240.240, 244.020, 244.050, 249.002,
249.056, 254.005, 260.005, 260.174, 292.313, 292.430, 292.930,
326.310 and 343.465 by sections 4 to 21 of this 2001 Act become
operative on the date on which the Governor becomes
Superintendent of Public Instruction as provided in section 3 (1)
of this 2001 Act. + }
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