75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 671
Sponsored by Senators WINTERS, COURTNEY
CHAPTER ................
AN ACT
Relating to the Capitol Planning Commission; creating new
provisions; amending ORS 244.050, 276.096 and 291.224; and
repealing ORS 276.033, 276.035 and 276.041.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Capitol Planning Commission established. (1)
The Capitol Planning Commission is established. The commission
shall consist of nine members, as follows:
(a) Four members shall be appointed by the Governor;
(b) One member shall be the Mayor of the City of Salem or the
designee of the mayor;
(c) One member shall be the chairperson of the Salem Planning
Commission or a member of the planning commission who is
designated by the chairperson;
(d) One member shall be the Director of the Oregon Department
of Administrative Services or the designee of the director;
(e) One member, who shall be an advisory member without vote,
shall be the President of the Senate or a person serving in the
Senate who is designated by the President; and
(f) One member, who shall be an advisory member without vote,
shall be the Speaker of the House of Representatives or a person
serving in the House of Representatives who is designated by the
Speaker.
(2) Of the four members of the commission appointed by the
Governor under subsection (1) of this section:
(a) At least two members must be residents of Marion County or
Polk County. Of the members who are residents of Marion County or
Polk County, at least one member must be a resident of the City
of Salem.
(b) Only one member may be employed by a public body as defined
in ORS 174.109.
(3) The term of office of the four members of the commission
appointed by the Governor is four years, but each such member
shall serve at the pleasure of the Governor.
(4) A vacancy in the office of any of the four members of the
commission appointed by the Governor shall be filled by the
Governor by appointment for the unexpired term.
(5) The commission shall elect a chairperson and a vice
chairperson, who shall serve as officers for a term of two years
and may be reelected. + }
SECTION 2. { + Compensation of members. (1) Members of the
Capitol Planning Commission who are not members of the
Legislative Assembly are entitled to compensation and expenses as
Enrolled Senate Bill 671 (SB 671-A) Page 1
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 Oregon Department of Administrative Services shall
provide staffing and other resources required by the commission
to carry out the commission's duties.
(3) The commission shall adopt administrative rules necessary
for the performance of the commission's duties. + }
SECTION 3. { + Meetings of commission. The Capitol Planning
Commission shall meet at the call of the chairperson or at such
times that a majority of the commission members considers
appropriate. The Governor may call the commission to meet at any
time requested by the Oregon Department of Administrative
Services. + }
SECTION 4. { + Duties of commission. (1) The Capitol Planning
Commission:
(a) Shall adopt and implement a plan of development for 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 boundaries of the cities
of Salem and Keizer.
(c) Shall establish, adopt and implement a master plan for the
development of the state 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, between Court Street
and D 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.
(2) 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.
(3) The commission shall consult with state agencies, transit
districts and other local government agencies that have
jurisdiction within the areas described by ORS 276.028 for the
purpose of adopting a plan for facilitating coordination between
state agencies and local government agencies in the development
of state buildings and grounds in those areas. + }
{ + (4) The commission shall coordinate with the Oregon State
Capitol Foundation on all activities of the commission relating
to the State Capitol, State Capitol grounds and the Capitol
Mall. + }
SECTION 5. { + Existing development plans and coordination
plans. Any development plan or coordination plan for the areas
described by ORS 276.028 that is in effect on the effective date
of this 2009 Act remains in effect until modified or repealed by
the Capitol Planning Commission under section 4 of this 2009
Act. + }
SECTION 6. { + Investigation and review of proposals; advice
to Oregon Department of Administrative Services and State Parks
and Recreation Department. The Capitol Planning Commission shall:
Enrolled Senate Bill 671 (SB 671-A) Page 2
(1) Investigate the advisability of additions to, reductions of
or other changes in state 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
the use of a state building or grounds in the areas described by
ORS 276.028;
(3) Advise the State Parks and Recreation Department on matters
related to the State Capitol State Park and on matters related to
development that is located within the State Capitol State Park;
and
(4) Advise the Oregon Department of Administrative Services on:
(a) The planning and location of state 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 7. { + Activities requiring commission review and
recommendation. (1) A state agency may not give final approval to
a proposal for the purchase or erection of a state building in
the areas described by ORS 276.028, or for a significant change
to the use of a state building in those areas that will require
an expenditure of more than $1 million, until the Capitol
Planning Commission has reviewed the proposal for compliance with
development plans adopted by the commission under section 4 of
this 2009 Act and has made a recommendation on the proposal. The
commission shall complete the review of a proposal, and provide
the agency with a written decision supporting the commission's
determination, within 90 days after the proposal is submitted to
the commission. If the commission fails to provide the agency
with a written decision within the time allowed, the project is
deemed approved by the commission.
(2) Proposals that have been reviewed by the Capitol Planning
Commission under this section need not be reviewed by the Capital
Projects Advisory Board established under ORS 276.227. + }
SECTION 8. { + Commission's cooperation with City of Salem.
(1) The Capitol Planning Commission shall provide a report to the
Legislative Assembly once every two years on plans adopted under
section 4 of this 2009 Act. The report shall be made in the
manner provided by ORS 192.245.
(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
allow the State of Oregon to maintain the state's administrative
buildings in a continuous and park-like area. + }
{ + (3) The Capitol Planning Commission shall provide regular
updates to Salem neighborhood associations on plans developed
under section 4 of this 2009 Act that may affect residents in the
neighborhoods represented by those associations. + }
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 State Parks and Recreation Department, + } the
Oregon Historical Society, the Arts Program of the Economic and
Enrolled Senate Bill 671 (SB 671-A) Page 3
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 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 an existing building within the geographical areas that
is of historical, architectural or cultural significance and that
is 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 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
(c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer and Business
Services.
(L) Director of the Department of State Lands.
(M) State Librarian.
(N) Administrator of Oregon Liquor Control Commission.
(O) Superintendent of State Police.
(P) Director of the Public Employees Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(U) Executive Director of Oregon Government Ethics Commission.
(V) Director of the State Department of Energy.
Enrolled Senate Bill 671 (SB 671-A) Page 4
(W) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official.
(j) Every member of a city or county planning, zoning or
development commission.
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Ethics Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
{ + (DD) Capitol Planning Commission. + }
(q) The following officers of the State Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
(s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
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(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate for public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate for public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for public
office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates for public
office on April 15. Subsections (1) to (4) of this section also
apply to persons who do not become candidates until 30 days after
the filing deadline for the statewide general election.
(6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
SECTION 11. ORS 291.224 is amended to read:
291.224. (1) A capital construction program containing
estimated capital construction needs, irrespective of how
financed, must be included with the budget report required by ORS
291.216. The capital construction program must 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) 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 must be
used by the state agencies in preparing their anticipated capital
construction requirements. Each state agency is responsible for
the basic assumptions that affect only its own program. The
department shall prepare estimated capital construction
requirements for necessary capital construction not covered by
the capital construction requirements submitted by the state
agencies under this section.
(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
Enrolled Senate Bill 671 (SB 671-A) Page 6
and make an estimate for all state office buildings to be
included in the capital construction program.
(4) The Governor shall consolidate the estimates, review the
estimates and make revisions the Governor finds warranted.
(5) The budget report must 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 also must 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.
{ + (6) 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. + }
{ - (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
(c) Road infrastructure work performed under timber sale
contracts entered into by the State Forester.
SECTION 12. { + ORS 276.033, 276.035 and 276.041 are
repealed. + }
SECTION 13. { + The section captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
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Passed by Senate June 23, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 671 (SB 671-A) Page 7
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 671 (SB 671-A) Page 8