75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3873
 
                         House Bill 3504
 
Sponsored by Representatives J SMITH, STIEGLER, Senator MORSE;
  Representatives C EDWARDS, NATHANSON, RILEY, Senators BONAMICI,
  HASS, ROSENBAUM, SCHRADER
 
 
                             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.
 
  Authorizes Oregon Progress Board to enter into agreement with
state agency, public institution of higher education or
nongovernmental entity to provide administrative or operational
support for board.
  Creates Oregon Progress Board Fund. Authorizes fund to accept
contributions. Continuously appropriates moneys in fund to board.
  Appropriates moneys to Oregon Progress Board Fund.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Oregon Progress Board; creating new provisions;
  amending ORS 284.612; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Oregon Progress Board may accept
contributions of moneys and assistance from the United States
Government or its agencies or from any other source, public or
private, and agree to conditions placed on the moneys not
inconsistent with the duties of the board.
  (2) There is established in the State Treasury, separate and
distinct from the General Fund, the Oregon Progress Board Fund.
The fund consists of moneys received by the board under this
section and such other moneys as may otherwise be made available
by law. Interest earned on the fund shall be credited to the
fund.  Moneys in the fund are continuously appropriated to the
board and may be used only for the performance of the functions
of the board. + }
  SECTION 2.  { + (1) The Oregon Progress Board may enter into an
agreement with:
  (a) Any state agency for the provision of clerical, technical
and management personnel to the board to serve as the board's
staff and for the provision of other administrative, operational
or overhead expenses necessary to accomplish the public purposes
of the board.
  (b) A nongovernmental entity for the provision of
administrative, operational or overhead expenses necessary to
accomplish the public purposes of the board.
  (2) As used in this section:
 
  (a) 'Public institution of higher education' means a community
college or a state institution of higher education listed in ORS
352.002.
  (b) 'State agency' means any officer, board, commission,
department, division or institution in the executive or
administrative branch of state government or a public institution
of higher education. + }
  SECTION 3. ORS 284.612 is amended to read:
  284.612. (1) The Governor shall serve as chair of the Oregon
Progress Board and may appoint an executive officer for the board
for a term and with such duties and powers as the board
determines to be necessary or appropriate.
  (2) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
  (3) The board shall meet as the board determines necessary at
times and places specified by call of the chair or a majority of
the members of the board.
    { - (4) The Oregon Department of Administrative Services
shall provide clerical, technical and management personnel to the
board to serve as the board's staff. - }
  SECTION 4.  { + (1) There is appropriated to the Oregon
Progress Board Fund, for the biennium beginning July 1, 2009, out
of the General Fund, the amount of $________ for the purposes of:
  (a) Paying the expenses of clerical, technical and management
personnel of the board that serve as the board's staff; and
  (b) Carrying out section 2 of this 2009 Act.
  (2) Moneys appropriated under subsection (1) of this section do
not revert to the General Fund as provided in ORS 293.190. + }
  SECTION 5.  { + (1) If the Oregon Progress Board enters into an
agreement with a state agency other than the Oregon Department of
Administrative Services under section 2 of this 2009 Act, the
Director of the Oregon Department of Administrative Services
shall:
  (a) Deliver to the state agency all records and property within
the jurisdiction of the director that relate to the duties,
functions and powers of the board; and
  (b) Transfer to the state agency those employees engaged
primarily in the exercise of the duties, functions and powers of
the board.
  (2) The state agency 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 of the board,
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
department and the state agency relating to transfers of records,
property and employees under this section, and the Governor's
decision is final. + }
  SECTION 6. { +  The unexpended balances of amounts authorized
to be expended by the Oregon Department of Administrative
Services for the biennium ending June 30, 2009, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers of the Oregon Progress Board are
transferred to the Oregon Progress Board Fund established by
section 1 of this 2009 Act. + }
  SECTION 7.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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