Chapter 892
AN ACT
SB 632
Relating to State Capitol; creating new provisions; amending ORS
276.003, 276.004, 276.010 and 390.111; and limiting expenditures.
Be It Enacted by the People of
the State of
SECTION 1. 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] State Parks and Recreation
Department 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
173.500.
(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. 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
SECTION 2. ORS 276.004 is amended to read:
276.004. (1)
Notwithstanding any other provision of law, and except for the Supreme Court
Building, the State Capitol [and the
Supreme Court Building] and the grounds included within the State
Capitol State Park under section 5 of this 2007 Act, the Oregon Department
of Administrative Services shall manage and control the utilization of:
(a) Buildings and
properties in the capitol area, including those acquired under ORS 276.046;
(b) Office buildings as
defined in ORS 276.110;
(c) Vacated state
institution buildings and facilities as described in ORS 276.180;
(d) The state office
building and parking structure in
(e) The state office
building and parking structure in
(f) Properties being
acquired through lease-purchase option or installment purchase agreement under
ORS 276.429; and
(g) Parking facilities
as described in ORS 276.594.
(2) Except as otherwise
provided in this section, the Oregon Department of Administrative Services
shall assign and reassign quarters in buildings owned by this state and
specified in this section, for such periods and under such terms as the
department considers appropriate.
SECTION 3. ORS 276.010 is amended to read:
276.010. As used in ORS
276.028 to 276.062:
(1) “Capitol area” means
the capitol group of buildings and the grounds owned by the state adjacent to
the buildings, and includes any new buildings that may be constructed on the
grounds as an addition to the capitol group of buildings.
(2) “Capitol group of
buildings” means the state buildings in
(3) “Capitol Mall” means
the area beginning at the northwest corner of State Street and 12th Street in
the City of Salem, Marion County, Oregon; then continuing along 12th Street in
a northerly direction to Court Street; then continuing along Court Street in a
westerly direction to Capitol Street; then continuing along Capitol Street in a
northerly direction to D Street; then continuing along D Street in a westerly
direction to Winter Street; then continuing along Winter Street in a southerly
direction to Court Street; then continuing along Court Street in a westerly
direction to Cottage Street; then continuing along Cottage Street in a
southerly direction to State Street; then continuing along State Street in an
easterly direction to the point of beginning.
(4) “State agency” has
the meaning given that term in ORS 358.635.
SECTION 4. ORS 390.111 is amended to read:
390.111. (1) The State
Parks and Recreation Department is created. The department consists of the
State Parks and Recreation Commission, the State Parks and Recreation Director
and all other officers and employees of the department.
(2) Except as may be
provided by an agreement to the contrary between the State Parks and Recreation
Commission and the county, city or political subdivision thereof which
exercised jurisdiction and authority over the park, ground or place prior to
acquisition by the state, the department has complete jurisdiction and
authority over all state parks, waysides and scenic, historic or state
recreation areas, recreational grounds or places acquired by the state for
scenic, historic, natural, cultural or recreational purposes except as
otherwise provided by law.
(3) The department
shall manage and control the utilization of the grounds included within the
SECTION 5. (1) The
(a) The grounds
immediately surrounding the State Capitol bordered by State Street on the
south, Court Street on the north, Cottage Street on the west and Waverly Street
on the east; and
(b) The grounds
surrounding the Department of Transportation Building, the Public Service
Building, the Bureau of Labor and Industries Building and the State Library,
bordered by Court Street on the south, Center Street on the north, Winter
Street on the west and Capitol Street on the east.
(2) Except as provided
in ORS 276.002 (4) and subsection (3) of this section, the State Parks and
Recreation Department shall manage and control the utilization of the State
Capitol State Park.
(3) The Oregon
Department of Administrative Services shall manage and control the utilization
of the underground parking structures located beneath the area described in
subsection (1)(b) of this section and all aboveground
structures that provide access to the underground parking structures.
(4) The Oregon
Department of Administrative Services shall construct one or more permanent
lavatories on the grounds of the
SECTION 6. Except as provided in ORS 276.002 (4) and
section 5 of this 2007 Act, the duties, functions and powers of the Oregon
Department of Administrative Services relating to managing and controlling the
utilization of the grounds included within the State Capitol State Park under
section 5 of this 2007 Act are imposed upon, transferred to and vested in the
State Parks and Recreation Department.
SECTION 7. (1) The Director of the Oregon Department of
Administrative Services shall:
(a) Deliver to the State
Parks and Recreation Department all records and property within the
jurisdiction of the director that relate to the duties, functions and powers
transferred by section 6 of this 2007 Act; and
(b) Transfer to the
State Parks and Recreation Department those employees engaged primarily in the
exercise of the duties, functions and powers transferred by section 6 of this
2007 Act.
(2) The State Parks and
Recreation Director shall take possession of the records and property, and
shall take charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 6 of this 2007 Act, without
reduction of compensation but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall
resolve any dispute between the Oregon Department of Administrative Services
and the State Parks and Recreation Department relating to transfers of records,
property and employees under this section, and the Governor’s decision is
final.
SECTION 8. (1) The unexpended balances of amounts
authorized to be expended by the Oregon Department of Administrative Services
for the biennium beginning July 1, 2007, from revenues dedicated, continuously
appropriated, appropriated or otherwise made available for the purpose of
administering and enforcing the duties, functions and powers transferred by
section 6 of this 2007 Act are transferred to and are available for expenditure
by the State Parks and Recreation Department for the biennium beginning July 1,
2007, for the purpose of administering and enforcing the duties, functions and
powers transferred by section 6 of this 2007 Act.
(2) The expenditure
classifications, if any, established by Acts authorizing or limiting
expenditures by the Oregon Department of Administrative Services remain
applicable to expenditures by the State Parks and Recreation Department under
this section.
SECTION 9. The transfer of duties, functions and powers
to the State Parks and Recreation Department by section 6 of this 2007 Act does
not affect any action, proceeding or prosecution involving or with respect to
such duties, functions and powers begun before and pending at the time of the
transfer, except that the State Parks and Recreation Department is substituted
for the Oregon Department of Administrative Services in the action, proceeding
or prosecution.
SECTION 10. (1) Nothing in the amendments to ORS
276.003, 276.004 and 276.010 by sections 1 to 4 of this 2007 Act and sections 5
to 12 of this 2007 Act relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and powers transferred
by section 6 of this 2007 Act. The State Parks and Recreation Department may
undertake the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and
obligations of the Oregon Department of Administrative Services legally
incurred under contracts, leases and business transactions executed, entered
into or begun before the operative date of section 6 of this 2007 Act accruing
under or with respect to the duties, functions and powers transferred by
section 6 of this 2007 Act are transferred to the State Parks and Recreation
Department. For the purpose of succession to these rights and obligations, the
State Parks and Recreation Department is a continuation of the Oregon
Department of Administrative Services and not a new authority.
SECTION 11. Notwithstanding the transfer of duties,
functions and powers by section 6 of this 2007 Act, the rules of the Oregon
Department of Administrative Services with respect to such duties, functions or
powers that are in effect on the operative date of section 6 of this 2007 Act
continue in effect until superseded or repealed by rules of the State Parks and
Recreation Department. References in such rules of the Oregon Department of
Administrative Services to the Oregon Department of Administrative Services or
an officer or employee of the Oregon Department of Administrative Services are
considered to be references to the State Parks and Recreation Department or an
officer or employee of the State Parks and Recreation Department.
SECTION 12. Whenever, in any uncodified law or
resolution of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context of the
duties, functions and powers transferred by section 6 of this 2007 Act,
reference is made to the Oregon Department of Administrative Services, or an
officer or employee of the Oregon Department of Administrative Services, whose
duties, functions or powers are transferred by section 6 of this 2007 Act, the
reference is considered to be a reference to the State Parks and Recreation
Department or an officer or employee of the State Parks and Recreation
Department who by this 2007 Act is charged with carrying out such duties,
functions and powers.
SECTION 13. Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by section 2 (4),
chapter 729, Oregon Laws 2007 (Enrolled Senate Bill 5530), for the biennium
beginning July 1, 2007, as the maximum limit for payment of expenses from
lottery funds allocated from the Parks and Natural Resources Fund to the State
Parks and Recreation Department, is increased by $862,894 for the purpose of operating
and maintaining the State Capitol State Park.
SECTION 14. Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by section 2 (3),
chapter 73, Oregon Laws 2007 (Enrolled Senate Bill 5502), for the biennium
beginning July 1, 2007, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but excluding
lottery funds and federal funds, collected or received by the Oregon Department
of Administrative Services, is decreased by $269,322.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
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