Bill Text: OR SJR4 | 2013 | Regular Session | Introduced

---

Bill Title: Proposing amendment to Oregon Constitution relating to the creation of State Board of Education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR4 Detail]

Download: Oregon-2013-SJR4-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1687

                    Senate Joint Resolution 4

Sponsored by Senator KRUSE (Presession filed.)

                             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.

  Proposes amendment to Oregon Constitution creating State Board
of Education. Directs State Board of Education to appoint
Superintendent of Public Instruction and to establish policies
for administration and operation of public universities.
  Provides for Governor to continue to serve as Superintendent of
Public Instruction until State Board of Education first appoints
Superintendent of Public Instruction. Delays transfer of duties
related to public universities until March 15, 2016.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 1a to be added to and made a part of
Article VIII, and by amending section 1, Article VIII, section 1,
Article XI-M, and section 8, Article XV, such sections to read:
   { +  Sec. 1. + }   { - The Governor shall be superintendent of
public instruction, and his powers, and duties in that capacity
shall be such as may be prescribed by law; but after the term of
five years from the adoption of this Constitution, it shall be
competent for the Legislative Assembly to provide by law for the
election of a superintendent, to provide for his compensation,
and prescribe his powers and duties. ? - }  { +  The State Board
of Education is created for the purpose of establishing policies
for the administration and operation of the public elementary and
secondary schools, community colleges and public universities in
this state. In addition to any powers or duties assigned to the
State Board of Education by the Legislative Assembly by law, the
State Board of Education shall appoint the Superintendent of
Public Instruction. + }
   { +  SECTION 1a. + }  { + (1) Notwithstanding section 1,
Article VIII, of this Constitution:
  (a) The Governor shall continue to serve as the Superintendent
of Public Instruction until the State Board of Education appoints
a Superintendent of Public Instruction.
  (b) The State Board of Education shall not establish policies
for the administration and operation of the public universities
in this state until March 15, 2016.
  (2) This section is repealed on July 1, 2026. + }
   { +  Sec. 1. + } (1) In the manner provided by law and
notwithstanding the limitations contained in section 7, Article
XI of this Constitution, the credit of the State of Oregon may be
loaned and indebtedness incurred, in an aggregate outstanding
principal amount not to exceed, at any one time, one-fifth of one
percent of the real market value of all property in the state, to
provide funds for the planning and implementation of seismic
rehabilitation of public education buildings, including surveying
and conducting engineering evaluations of the need for seismic
rehabilitation.
  (2) Any indebtedness incurred under this section must be in the
form of general obligation bonds of the State of Oregon
containing a direct promise on behalf of the State of Oregon to
pay the principal, premium, if any, interest and other amounts
payable with respect to the bonds, in an aggregate outstanding
principal amount not to exceed the amount authorized in
subsection (1) of this section. The bonds are the direct
obligation of the State of Oregon and must be in a form, run for
a period of time, have terms and bear rates of interest as may be
provided by statute. The full faith and credit and taxing power
of the State of Oregon must be pledged to the payment of the
principal, premium, if any, and interest on the general
obligation bonds; however, the ad valorem taxing power of the
State of Oregon may not be pledged to the payment of the bonds
issued under this section.
  (3) As used in this section, 'public education building ' means
a building owned by the State Board of   { - Higher - }
Education, a school district, an education service district, a
community college district or a community college service
district.
   { +  Sec. 8. + } Notwithstanding the provisions of section 1
article III and section 10 article II of the Constitution of the
State of Oregon, a person employed by the State Board of
 { - Higher - } Education, a member of any school board or
employee thereof, shall be eligible to a seat in the Legislative
Assembly and such membership in the Legislative Assembly shall
not prevent such person from being employed by the State Board of
 { - Higher - } Education or from being a member or employee of a
school board.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
                         ----------