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 1268
A-Engrossed
Senate Bill 489
Ordered by the House March 16
Including House Amendments dated March 16
Sponsored by Senators COURTNEY, DUNCAN; Senator BURDICK,
Representatives BACKLUND, ROSENBAUM, WITT
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.
Creates Oregon State Capitol Foundation as separate agency
within legislative department. Specifies foundation's
responsibilities and authority. Continues terms of members.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon State Capitol Foundation; creating new
provisions; amending ORS 276.002 and 276.003; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established within the legislative
department the Oregon State Capitol Foundation. The foundation
shall be composed of not fewer than nine and not more than 25
voting members, who shall each serve a term of four years. The
President of the Senate shall appoint three voting members from
members of the Senate. The Speaker of the House of
Representatives shall appoint three voting members from members
of the House of Representatives. The Legislative Administration
Committee shall appoint the remaining voting members. A member is
eligible for reappointment. At all times there shall be appointed
to the foundation an odd number of voting members. The foundation
may appoint honorary, nonvoting members to the foundation.
(2) The Oregon State Capitol Foundation shall:
(a) Advise the Legislative Administration Committee on the
terms and conditions of contracts or agreements entered into
under ORS 276.002.
(b) Recommend to the committee renovations, repairs and
additions to the State Capitol.
(c) Recommend to the committee exhibits and events for the
State Capitol.
(d) Deposit gifts, grants, donations and moneys converted from
gifts or donations of other than money into separate trust
accounts reserved for the purposes of the gifts, grants and
donations.
(e) Develop, maintain and implement plans to:
(A) Enhance and embellish the State Capitol in keeping with the
design and purpose of the building and adjacent areas; and
(B) Preserve the history of activities of state government that
have occurred in the State Capitol and of persons who have
participated in state government in the State Capitol.
(f) Adopt rules to guide the foundation and implement the
foundation's responsibilities under this subsection and the
foundation's authority under subsections (3) to (5) of this
section.
(g) Consult with any advisory committees the Legislative
Administration Committee may designate before the foundation
makes a recommendation required by this subsection.
(3) The Oregon State Capitol Foundation may:
(a) Solicit and accept gifts, grants and donations from public
and private sources in the name of the foundation.
(b) Under guidelines adopted by the Legislative Administration
Committee, expend moneys from the Oregon State Capitol Foundation
Fund for the purposes set out in subsection (2) of this section,
including but not limited to the reasonable and necessary
operating expenses of the foundation.
(c) Convert gifts or donations other than money into moneys.
(d) Become or create an organization under section 501(c)(3) of
the Internal Revenue Code.
(4)(a) As used in this subsection, 'community foundation ' has
the meaning given that term in ORS 348.580.
(b) The Oregon State Capitol Foundation may enter into
agreements with a person, including a community foundation in
Oregon, for the person to assume the management of the moneys in
the Oregon State Capitol Foundation Fund. The Oregon State
Capitol Foundation may transfer to the person any moneys in the
fund.
(c) The Oregon State Capitol Foundation shall include in any
agreement entered into under this subsection a requirement that:
(A) The person conduct a periodic independent financial audit
of the moneys transferred to the person.
(B) The person prepare an annual financial report according to
generally accepted accounting principles.
(C) The person submit an annual financial report to the Oregon
State Capitol Foundation, the Legislative Administration
Committee and the Oregon Investment Council.
(d) If a provision of an agreement entered into under this
subsection would cause the person to be out of compliance with a
federal law, the Oregon State Capitol Foundation may waive the
provision.
(5) The Oregon State Capitol Foundation may, through the
Legislative Administrator, enter into contracts or agreements to
implement the foundation's responsibilities and authority. ORS
chapter 279 does not apply to a contract or agreement entered
into by the foundation.
(6) The Oregon State Capitol Foundation may take action under
this section upon a majority vote of a quorum of members. A
majority of the voting members of the foundation constitutes a
quorum for the transaction of business. + }
SECTION 2. ORS 276.002 is amended to read:
276.002. (1) The Legislative Assembly, through the Legislative
Administration Committee, shall exercise control over the use of
the State Capitol.
(2) The committee has exclusive power to assign and reassign
quarters in the State Capitol for such periods and under such
terms, including rental rates, as the committee considers
appropriate.
(3) All rentals for quarters and for parking shall be credited
to the State Capitol Operating Account.
(4) The committee has exclusive power to assign and reassign
parking spaces in the garage of the State Capitol and in the area
immediately in front of the State Capitol and for enforcing
parking regulations in the garage and areas described in this
subsection. However, the Oregon Department of Administrative
Services shall be responsible for collecting parking fees under
ORS 292.065.
(5) The committee { - , from balances in the Oregon State
Capitol Foundation Fund, or as otherwise provided by law, - }
may enter into contracts or agreements { - deemed - } { + the
committee considers + } necessary to:
(a) Renovate and repair the State Capitol;
(b) Renovate, repair or replace State Capitol fixtures and
facilities;
(c) Make artistic or aesthetic improvements to the State
Capitol and adjacent areas;
(d) Conduct or sponsor special events; and
(e) Conduct or sponsor projects intended to preserve or promote
the historical integrity of the State Capitol and adjacent areas.
{ - (6) The committee shall establish the Oregon State
Capitol Foundation. The foundation shall make recommendations and
advise the committee on State Capitol renovations, repairs, and
artistic and other special projects to preserve the historical
integrity of the State Capitol and adjacent areas. The foundation
shall be composed of not fewer than nine and not more than 25
members, who shall serve a term of four years. Three members of
the Senate shall be appointed by the President of the Senate,
three members of the House of Representatives shall be appointed
by the Speaker of the House and the remaining members shall be
appointed by the Legislative Administration Committee. A member
is eligible for reappointment. At all times there shall be
appointed to the foundation an odd number of members. - }
SECTION 3. ORS 276.003 is amended to read:
276.003. (1) There is created in the General Fund of the State
Treasury a State Capitol Operating Account. Moneys credited to
the account are appropriated continuously to the Legislative
Administration Committee to pay the expenses of operating,
maintaining, protecting and insuring the State Capitol and to
reimburse the Oregon Department of Administrative Services for a
share of the expenses of ground maintenance, utilities and other
necessary expenses.
(2) There is established the Oregon State Capitol Foundation
Fund in the State Capitol Operating Account of the General Fund
established under subsection (1) of this section. All moneys
received by the Legislative Administration Committee allocated to
the Oregon State Capitol Foundation shall be credited to the
Oregon State Capitol Foundation Fund. All moneys credited to the
Oregon State Capitol Foundation Fund are continuously
appropriated { + to the foundation + } for the purposes of
{ - ORS 276.002 (5) and (6) - } { + section 1 of this 2001
Act + }.
(3) The Legislative Administration Committee may on behalf of
the State of Oregon solicit and accept gifts, grants and
donations from public and private sources for the purposes set
out in ORS 276.002 { - (5) and (6) - } . Such gifts, grants and
donations shall be deposited by the committee in separate,
appropriate trust accounts until such time as required to meet
the obligations for which the gifts, grants or donations were
intended. When so required, the committee shall deposit the
amounts in the Oregon State Capitol Foundation Fund, subject to
any limitations imposed by the donors.
{ + (4) A gift or donation to the Legislative Administration
Committee or to the Oregon State Capitol Foundation is a gift or
donation to the State of Oregon. + }
SECTION 4. { + Members of the Oregon State Capitol Foundation
appointed under ORS 276.002 (6) (1999 Edition) continue as
members of the foundation for the terms specified in section 2,
chapter 285, Oregon Laws 1999. + }
SECTION 5. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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