74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2426
A-Engrossed
Senate Bill 632
Ordered by the Senate April 27
Including Senate Amendments dated April 27
Sponsored by Senator ATKINSON; Senator COURTNEY
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 State Capitol State Park. + } Transfers
management and control of utilization of { - State Capitol and
immediately surrounding property - } { + grounds within
park + } from Oregon Department of Administrative Services to
State Parks and Recreation Department. { + Requires Oregon
Department of Administrative Services to manage and control
utilization of underground parking structures beneath park and
related aboveground access structures. Directs Oregon Department
of Administrative Services to construct one or more permanent
lavatories on park grounds and, upon completion, maintain and
control utilization of lavatories. + }
A BILL FOR AN ACT
Relating to State Capitol; creating new provisions; and amending
ORS 276.003, 276.004, 276.010 and 390.111.
Be It Enacted by the People of the State of Oregon:
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 Oregon.
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
Portland;
(e) The state office building and parking structure in Eugene;
(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
Salem in and about the Capitol Mall { + , other than the State
Capitol and the grounds included within the State Capitol State
Park under section 5 of this 2007 Act + }.
(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 State Capitol
State Park under section 5 of this 2007 Act. + }
SECTION 5. { + (1) The State Capitol State Park is created,
consisting of:
(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
State Capitol State Park. Upon completion of construction, the
State Parks and Recreation Department shall maintain and control
the utilization of the lavatories. + }
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. + }
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