Chapter 796 Oregon Laws 2003

AN ACT

HB 3597

Relating to transfer of agency functions; creating new provisions; amending ORS 276.010, 276.037, 276.043, 276.090, 276.096, 276.102, 276.106 and 291.224 and section 1, chapter 985, Oregon Laws 2001, and section 1, chapter 989, Oregon Laws 2001; repealing ORS 276.032, 276.034, 276.036, 276.038, 276.040 and 276.042; appropriating money; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Except as provided in subsection (3) of this section, the Capitol Planning Commission may not meet between July 1, 2003, and June 30, 2005.

(2) Between July 1, 2003, and June 30, 2005, notwithstanding ORS 171.072, members of the commission who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the commission. All other members of the commission are not entitled to compensation or reimbursement for expenses and serve as volunteers on the commission.

(3) The commission may meet once within 30 days after the effective date of this 2003 Act to take any action that:

(a) Is required by the repeal of ORS 276.042 by section 28 of this 2003 Act; and

(b) The commission considers appropriate to enable the Oregon Department of Administrative Services to carry out the obligations imposed on and authority granted to the department by section 27 of this 2003 Act and by ORS 276.102 and 276.106 as amended by sections 11 and 13 of this 2003 Act.

SECTION 2. ORS 276.010 is amended to read:

276.010. [When] As used in ORS 276.028 to 276.062 and in this section, unless the context requires otherwise:

(1) “Capitol area” means the capitol group of buildings and the grounds owned by the state adjacent to [such] the buildings, and includes any new buildings [which] that may be constructed on [such] the grounds as an addition to the capitol group of buildings.

[(2) “Commission” means the Capitol Planning Commission.]

[(3)] (2) “Capitol group of buildings” means the state buildings in Salem in and about the Capitol Mall.

(3) “Commission” means the Capitol Planning Commission.

(4) “State agency” has the meaning given that term in ORS 358.635.

SECTION 3. ORS 276.037 is amended to read:

276.037. [(1) Any] A state agency[, having a proposed] that proposes a capital construction or improvement project [approved by the Capitol Planning Commission pursuant to ORS 291.224 (3),] shall request the Oregon Department of Administrative Services to employ professional consultants to prepare preliminary sketches, plans and supporting documents for [such] the project for submission by the state agency to the Legislative Assembly. [Such professional consultants shall cooperate with the commission in the preparation of any such sketches, plans and supporting documents.]

[(2) Neither a state agency described in subsection (1) of this section nor the Oregon Department of Administrative Services may employ any professional consultants for the preparation of any preliminary sketch, plan or supporting document with respect to a proposed capital construction or improvement project within the areas described in ORS 276.028 unless such project first has been approved by the commission.]

SECTION 4. ORS 276.037, as amended by section 3 of this 2003 Act, is amended to read:

276.037. (1) A state agency that proposes a capital construction or improvement project that the Capitol Planning Commission reviews and recommends under ORS 291.224 shall request the Oregon Department of Administrative Services to employ professional consultants to prepare preliminary sketches, plans and supporting documents for the project for submission by the state agency to the Legislative Assembly. The professional consultants shall cooperate with the commission in the preparation of the sketches, plans and supporting documents.

(2) A state agency may not employ a professional consultant to prepare a preliminary sketch, plan or supporting document for a proposed capital construction or improvement project within the areas described in ORS 276.028 unless the commission has reviewed and recommended the project.

SECTION 5. ORS 276.043 is amended to read:

276.043. There is established in the General Fund an account to be known as the Capitol Planning Commission Account. Except as otherwise provided in ORS 276.102, all moneys received by the Capitol Planning Commission or by the Oregon Department of Administrative Services on behalf of the commission shall be paid into the account. [All moneys in the account are appropriated continuously to the commission and shall be used to pay the expenses of the commission in performing its functions as provided by law, except those expenses for which moneys in the Executive Residence Account may be used.]

SECTION 6. ORS 276.043, as amended by section 5 of this 2003 Act, is amended to read:

276.043. There is established in the General Fund an account to be known as the Capitol Planning Commission Account. Except as otherwise provided in ORS 276.102, all moneys received by the Capitol Planning Commission [or by the Oregon Department of Administrative Services on behalf of the commission] shall be paid into the account. All moneys in the account are appropriated continuously to the commission and shall be used to pay the expenses of the commission in performing its functions as provided by law.

SECTION 7. ORS 276.090 is amended to read:

276.090. (1) The Arts Program of the Economic and Community Development Department[, the Capitol Planning Commission] and the Oregon Department of Administrative Services, if the construction project is located within the area defined in ORS 276.028, and the Arts Program of the Economic and Community Development Department, the Oregon Department of Administrative Services and the contracting agency if the project is located outside the area defined in ORS 276.028, in consultation with the architect for the particular building shall determine the amount available for each state building and shall commission by contract or shall purchase suitable works of art for each building. The agencies designated by this section [shall be] are solely responsible for selection, review of design, execution, placement and acceptance of all works of art acquired pursuant to ORS 276.073 to 276.090. The designated agencies, to the extent reasonable, shall consult with appropriate local citizens groups and the occupants of the affected state building in determining the selection of the works of art.

(2) Of the amount determined to be available for a state building under subsection (1) of this section, a portion may be assessed by the Arts Program of the Economic and Community Development Department and used to reimburse the program for any costs incurred under ORS 276.073 to 276.090 as administrative expenses or as expenses for maintaining the works of art acquired. No more than 10 percent of the amount available for a state building may be assessed under this subsection.

(3) Title to all works of art acquired pursuant to ORS 276.073 to 276.090 vests with the contracting agency in the name of the state. The agencies designated by this section may loan works of art between public buildings whenever in their judgment the loan will be to the benefit of the citizens of this state. However, all such works shall be returned to the contracting agency at its request.

SECTION 8. ORS 276.090, as amended by section 7 of this 2003 Act, is amended to read:

276.090. (1) The Arts Program of the Economic and Community Development Department, the Capitol Planning Commission and the Oregon Department of Administrative Services, if the construction project is located within the area defined in ORS 276.028, and the Arts Program of the Economic and Community Development Department, the Oregon Department of Administrative Services and the contracting agency if the project is located outside the area defined in ORS 276.028, in consultation with the architect for the particular building shall determine the amount available for each state building and shall commission by contract or shall purchase suitable works of art for each building. The agencies designated by this section are solely responsible for selection, review of design, execution, placement and acceptance of all works of art acquired pursuant to ORS 276.073 to 276.090. The designated agencies, to the extent reasonable, shall consult with appropriate local citizens groups and the occupants of the affected state building in determining the selection of the works of art.

SECTION 9. ORS 276.096 is amended to read:

276.096. (1) In carrying out the duties of the Director of the Oregon Department of Administrative Services under ORS 276.095, the director shall consult with [the Capitol Planning Commission,] the designated State Historic Preservation Officer, the Oregon Historical Society, the Arts Program of the Economic and Community Development Department, local landmark commissions and historic societies and the chief executive officers of those units of local government in each area served by existing or proposed state offices and shall solicit the comments of [such] any other community leaders and members of the general public [as] that the director [deems] considers appropriate.

(2) Whenever the director undertakes a review of state building needs within a geographical area, the director shall request the cooperation of the state historic preservation officer to identify any existing buildings within [such] the geographical areas [which] that are of historical, architectural or cultural significance and [which] that would be suitable, whether or not in need of repair, alteration or addition, for acquisition or purchase to meet the building needs of state government.

SECTION 10. ORS 276.096, as amended by section 9 of this 2003 Act, is amended to read:

276.096. (1) In carrying out the duties of the Director of the Oregon Department of Administrative Services under ORS 276.095, the director shall consult with the Capitol Planning Commission, the designated State Historic Preservation Officer, the Oregon Historical Society, the Arts Program of the Economic and Community Development Department, local landmark commissions and historic societies and the chief executive officers of those units of local government in each area served by existing or proposed state offices and shall solicit the comments of any other community leaders and members of the general public that the director considers appropriate.

(2) Whenever the director undertakes a review of state building needs within a geographical area, the director shall request the cooperation of the state historic preservation officer to identify any existing buildings within the geographical areas that are of historical, architectural or cultural significance and that would be suitable, whether or not in need of repair, alteration or addition, for acquisition or purchase to meet the building needs of state government.

SECTION 11. ORS 276.102 is amended to read:

276.102. The Capitol Planning Commission on behalf of the State of Oregon may accept gifts, grants and donations from public and private sources, including gifts of real and personal property, for the purpose of the acquisition, construction, remodeling, decoration, landscaping, furnishing, equipping and maintenance of a state executive residence. All moneys received under this section shall be placed in the Executive Residence Account, which account is hereby created, and continuously appropriated to the Oregon Department of Administrative Services, to be used by the department on behalf of the commission only for the purposes for which the moneys were given.

SECTION 12. ORS 276.102, as amended by section 11 of this 2003 Act, is amended to read:

276.102. The Capitol Planning Commission on behalf of the State of Oregon may accept gifts, grants and donations from public and private sources, including gifts of real and personal property, for the purpose of the acquisition, construction, remodeling, decoration, landscaping, furnishing, equipping and maintenance of a state executive residence. All moneys received under this section shall be placed in the Executive Residence Account, which account is hereby created, and continuously appropriated to the [Oregon Department of Administrative Services] commission, to be used by the [department on behalf of the] commission only for the purposes for which the moneys were given.

SECTION 13. ORS 276.106 is amended to read:

276.106. [It is the intention of the Legislative Assembly that,] If the [Capitol Planning Commission] Oregon Department of Administrative Services determines that architects are required to design, plan and oversee the construction of the state executive residence, [such] the department shall select the architects [shall be selected on the basis of] in a competition that is sanctioned by the American Institute of Architects, [and] open to all architects registered in this state[,] and based upon specifications prepared by the [Oregon] department [of Administrative Services]. Insofar as practicable, [the Legislative Assembly intends that] Oregon products shall be used in constructing, remodeling, equipping, furnishing and decorating the state executive residence.

SECTION 14. ORS 276.106, as amended by section 13 of this 2003 Act, is amended to read:

276.106. If the [Oregon Department of Administrative Services] Capitol Planning Commission determines that architects are required to design, plan and oversee the construction of the state executive residence, the [department] commission shall select the architects in a competition that is sanctioned by the American Institute of Architects, open to all architects registered in this state and based upon specifications prepared by the Oregon Department of Administrative Services. Insofar as practicable, Oregon products shall be used in constructing, remodeling, equipping, furnishing and decorating the state executive residence.

SECTION 15. ORS 291.224 is amended to read:

291.224. (1) A capital construction program containing estimated capital construction needs, irrespective of how financed, shall be included with the budget report required by ORS 291.216. The capital construction program shall contain the estimated physical construction requirements for each biennium of a period to be determined by the Governor, which period [shall] may not be less than six years. The Oregon Department of Administrative Services shall assist the Governor in the preparation of the capital construction program.

(2) [Except as otherwise provided in subsection (3) of this section and] In accordance with regulations prescribed by the department, state agencies shall submit to the department their anticipated capital construction requirements for the period specified by the Governor. The department shall prescribe the basic assumptions relating to population changes, economic trends and other factors which might generally affect capital construction requirements and these basic assumptions shall be used by the state agencies in preparing their anticipated capital construction requirements. Each state agency is responsible for the basic assumptions which affect only its own program. The department shall prepare estimated capital construction requirements for any necessary capital construction not covered by the capital construction requirements submitted by the state agencies under this section.

[(3) Each state agency, including the department, required under subsection (2) of this section to submit or prepare anticipated or estimated capital construction requirements, shall submit a copy of such requirements that relate to construction or improvements within the areas described in ORS 276.028 to the Capitol Planning Commission at a time specified by the Capitol Planning Commission, but not later than August 1 of each even-numbered year. The Capitol Planning Commission shall review capital construction requirements submitted as required by this subsection and, not later than November 1 of each even-numbered year, make recommendations to the department with respect to such capital construction proposals.]

[(4)] (3) In accordance with regulations prescribed by the department, each state agency shall separately submit its estimated office space requirements for the period specified by the Governor[;], and the department shall consolidate those needs and make an estimate for all state office buildings to be included in the capital construction program.

[(5)] (4) The Governor shall consolidate the estimates, review all of them and make such revisions as the Governor finds warranted.

[(6)] (5) The budget report shall include the proposed expenditures for the capital construction program for the ensuing biennium and the proposed expenditures for preliminary planning of the construction projects included in the capital construction program for the biennium following the ensuing biennium. The budget report shall also include dollar estimates of the cost of the capital construction projects included in the capital construction program for the succeeding years of the period determined by the Governor under subsection (1) of this section [and the recommendations submitted to the department pursuant to subsection (3) of this section].

[(7)] (6) As used in this section, “capital construction program” does not include:

(a) The acquisition, repair, improvement, enlargement, construction or maintenance of highways and highway bridges by the Department of Transportation;

(b) Park improvements by the State Parks and Recreation Department; or

SECTION 16. ORS 291.224, as amended by section 15 of this 2003 Act, is amended to read:

291.224. (1) A capital construction program containing estimated capital construction needs, irrespective of how financed, shall be included with the budget report required by ORS 291.216. The capital construction program shall contain the estimated physical construction requirements for each biennium of a period to be determined by the Governor, which period may not be less than six years. The Oregon Department of Administrative Services shall assist the Governor in the preparation of the capital construction program.

(2) Except as otherwise provided in subsection (3) of this section and in accordance with regulations prescribed by the department, state agencies shall submit to the department their anticipated capital construction requirements for the period specified by the Governor. The department shall prescribe the basic assumptions relating to population changes, economic trends and other factors which might generally affect capital construction requirements and these basic assumptions shall be used by the state agencies in preparing their anticipated capital construction requirements. Each state agency is responsible for the basic assumptions which affect only its own program. The department shall prepare estimated capital construction requirements for any necessary capital construction not covered by the capital construction requirements submitted by the state agencies under this section.

(3) Each state agency, including the department, required under subsection (2) of this section to submit or prepare anticipated or estimated capital construction requirements, shall submit a copy of the requirements that relate to construction or improvements within the areas described in ORS 276.028 to the Capitol Planning Commission at a time specified by the commission, but not later than August 1 of each even-numbered year. The commission shall review the capital construction requirements and, not later than November 1 of each even-numbered year, make recommendations to the department with respect to the requirements.

[(3)] (4) In accordance with regulations prescribed by the department, each state agency shall separately submit its estimated office space requirements for the period specified by the Governor, and the department shall consolidate those needs and make an estimate for all state office buildings to be included in the capital construction program.

[(4)] (5) The Governor shall consolidate the estimates, review all of them and make such revisions as the Governor finds warranted.

[(5)] (6) The budget report shall include the proposed expenditures for the capital construction program for the ensuing biennium and the proposed expenditures for preliminary planning of the construction projects included in the capital construction program for the biennium following the ensuing biennium. The budget report shall also include dollar estimates of the cost of the capital construction projects included in the capital construction program for the succeeding years of the period determined by the Governor under subsection (1) of this section and the recommendations submitted to the department pursuant to subsection (3) of this section.

[(6)] (7) As used in this section, “capital construction program” does not include:

(a) The acquisition, repair, improvement, enlargement, construction or maintenance of highways and highway bridges by the Department of Transportation;

(b) Park improvements by the State Parks and Recreation Department; or

SECTION 17. Section 1, chapter 989, Oregon Laws 2001, is amended to read:

Sec. 1. (1) The State Department of Fish and Wildlife shall promptly relocate the department’s headquarters from Portland to Salem or to the immediate vicinity of Salem by the most cost-effective means available. The department shall work in consultation with the Oregon Department of Administrative Services to minimize the costs of:

(a) Moving all appropriate staff, furnishings and equipment to leased quarters in Salem or the immediate vicinity of Salem until a permanent headquarters is provided at a site in Salem [approved by the Capitol Planning Commission].

(b) Disposing of the existing headquarters building in Portland as provided in ORS chapter 270. Notwithstanding ORS 270.150, the net proceeds from the sale of the existing headquarters building shall be used to pay or repay the costs incurred in the relocation of the headquarters, with any remainder returned to the General Fund.

(2) The Oregon Department of Administrative Services shall develop a suitable plan to provide, or to assist and approve the provision of, a permanent headquarters in Salem.

[(3) The State Department of Fish and Wildlife shall report its relocation actions, costs and permanent siting plans to the joint legislative committee created pursuant to ORS 171.551 by June 30, 2002.]

SECTION 18. Section 1, chapter 989, Oregon Laws 2001, as amended by section 17 of this 2003 Act, is amended to read:

(2) The Oregon Department of Administrative Services shall develop a suitable plan to provide, or to assist and approve the provision of, a permanent headquarters in Salem.

SECTION 19. Section 1, chapter 985, Oregon Laws 2001, is amended to read:

Sec. 1. (1) The Oregon Department of Administrative Services shall establish a Veterans Memorial in the State Capitol Mall area.

(2) [In accordance with ORS 276.038,] The Capitol Planning Commission shall advise the Oregon Department of Administrative Services on the establishment of the Veterans Memorial required under subsection (1) of this section.

SECTION 20. Sections 21 to 26 of this 2003 Act are added to and made a part of ORS 276.028 to 276.062.

SECTION 21. The Capitol Planning Commission may meet at the times that a majority of the commission members considers appropriate. In addition, the Governor may call the commission to meet at a time requested by the Oregon Department of Administrative Services.

SECTION 22. (1) The Capitol Planning Commission:

(a) Shall establish, adopt and implement a plan of development of the areas described by ORS 276.028 and shall recommend to the Legislative Assembly any legislation necessary to effectuate the plan.

(b) Shall conduct continuing studies and analyses, in cooperation with affected state agencies, of the building needs of all state agencies located within the metropolitan area of the cities of Salem and Keizer.

(c) Shall establish, adopt and implement a master plan for the development of the capitol group of buildings situated within the area bordered by State Street on the south and D Street on the north and Winter Street on the west and 12th Street (between State Street and Court Street) and Capitol Street on the east.

(d) Shall adopt standards for the development of state buildings and grounds, including but not limited to landscaping requirements, setback requirements, lot coverage limitations, building height and bulk limitations and requirements for the protection of the surrounding community environment.

(e) May coordinate the disposition of state property only if the property is within an area plan established under this section.

(2)(a) The commission shall cooperate and consult with local governmental agencies that have jurisdiction within the areas described by ORS 276.028 for the purpose of coordinating the development of state buildings and grounds in the areas with community planning and development programs in those areas.

(b) If the commission establishes, adopts or implements a plan of development in an area that is located within the boundaries of the City of Salem or the City of Keizer, the commission shall recommend to the governing body of Salem or Keizer any legislation necessary to effectuate the plan.

SECTION 23. The Capitol Planning Commission shall:

(1) Investigate the advisability of additions to, reductions of or other changes in buildings and grounds in the areas described by ORS 276.028;

(2) Investigate, review and make recommendations on all proposals of state agencies to add to, reduce or otherwise change a building and grounds in the areas described by ORS 276.028; and

(3) Advise the Oregon Department of Administrative Services on:

(a) The planning and location of buildings in the areas described by ORS 276.028;

(b) The development of the areas described by ORS 276.028, including but not limited to general design, landscaping, traffic management, monuments, statues and fountains; and

(c) All other matters connected with a proposed construction or development to be undertaken by the state within the areas described by ORS 276.028.

SECTION 24. (1) A state agency or officer may not give final approval to a proposal for the purchase or erection of a public building in the areas described by ORS 276.028 unless the Capitol Planning Commission has reviewed and recommended the proposal, as provided in ORS 291.224, for compliance with development plans adopted by the commission pursuant to section 22 of this 2003 Act.

(2) The Oregon Department of Administrative Services may not expend moneys for a construction or improvement project covered by ORS 276.005, 276.013 or 276.046 unless the commission has reviewed and recommended the project.

(3) A state agency may not expend moneys for a construction or improvement project within the areas described by ORS 276.028 unless the commission has reviewed and recommended the project.

SECTION 25. (1) As the Capitol Planning Commission develops plans under section 22 of this 2003 Act, the commission shall inform the governing body of the City of Salem and the Salem planning commission of the plans.

(2) The Capitol Planning Commission shall make all possible efforts to obtain the cooperation of officers and commissions of the City of Salem for the purpose of establishing the zoning of that part of the city contiguous to the capitol area that will effectuate the purpose of the State of Oregon to maintain its administrative buildings in a continuous and parklike area.

SECTION 26. (1) Members of the Capitol Planning Commission who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495. Members of the commission who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly.

(2) The commission may employ a full-time executive director and obtain, through service contract or employment, the clerical assistants and professional consultants that the commission considers necessary to carry out the responsibilities imposed on the commission by law.

SECTION 27. (1) Between July 1, 2003, and June 30, 2005, all moneys in the Capitol Planning Commission Account established under ORS 276.043 are continuously appropriated to the Oregon Department of Administrative Services. The department may use the moneys to pay:

(a) Unemployment compensation assessments attributable to employees of the Capitol Planning Commission;

(b) Vacation leave accrued by employees of the commission; and

(c) Any other obligation of the commission unpaid on the effective date of this 2003 Act.

(2) Notwithstanding any other law limiting expenditures, the amount of $36,630 is established for the biennium beginning July 1, 2003, as the maximum limit to be paid from the Capitol Planning Commission Account for the purposes described in this section.

SECTION 28. ORS 276.032, 276.034, 276.036, 276.038, 276.040 and 276.042 are repealed.

SECTION 29. Sections 1 and 27 of this 2003 Act are repealed January 2, 2006.

SECTION 30. Sections 21 to 26 of this 2003 Act and the amendments to ORS 276.037, 276.043, 276.090, 276.096, 276.102, 276.106 and 291.224 and section 1, chapter 989, Oregon Laws 2001, by sections 4, 6, 8, 10, 12, 14, 16 and 18 of this 2003 Act become operative on July 1, 2005.

SECTION 31. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor September 22, 2003

Filed in the office of Secretary of State September 22, 2003

Effective date September 22, 2003

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