Chapter 845 Oregon Laws 2001
AN ACT
SB 5525
Relating to the financial
administration of the Department of Higher Education; appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) In addition to and not in lieu of
any other appropriation, there is appropriated to the Department of Higher
Education, for the biennium beginning July 1, 2001, out of the General Fund,
the amount of $12,096,476, which may be expended for academic modernization and
repair of facilities.
(2) The appropriation
made by subsection (1) of this section is available continuously until expended
for the purposes specified in subsection (1) of this section.
(3) The State Board of
Higher Education shall determine the academic modernization and repair projects
to be undertaken with moneys made available under subsection (1) of this
section and section 2 (1) of this 2001 Act based on a determination of the most
critical deferred maintenance needs. In determining the needs, the board shall
give priority to projects that protect the health and safety of occupants and
maintain the structural integrity of facilities.
SECTION 1a.
(1) In addition to and not in lieu of
any other appropriation, there is appropriated to the Department of Higher
Education, for the biennium beginning July 1, 2001, out of the General Fund,
the amount of $1, which may be expended for a new building for the Oregon State
University College of Veterinary Medicine.
(2) The appropriation
made by subsection (1) of this section is available continuously until expended
for the purposes specified in subsection (1) of this section.
SECTION 2.
Notwithstanding any appropriations or
moneys made available by law or from other sources, including federal funds,
unless otherwise authorized by the Emergency Board, the total expenditure of
moneys by the State Board of Higher Education under this section and sections 1
and 1a of this 2001 Act may not exceed $403,223,334, and within that total
there are established maximum limits for expenditures from the proceeds of
bonds and other revenue sources, including federal funds, for the acquisition
of land and for the acquisition, planning, constructing, altering, repairing,
furnishing and equipping of buildings and facilities for the Department of
Higher Education as follows:
__________________________________________________________________________________
Other
Revenues
Article Article (Including
XI-G XI-F(1) Lottery Federal
Bonds Bonds Bonds Funds)
(1) Oregon University System:
(a) Academic modernization and
repair $12,096,476 $15,000,000
(b) Small Capital Projects $6,000,000 $6,000,000
(c) Miscellaneous Small Projects
(Student Building Fee) $3,000,000
(d) Land and building acquisition $1,000,000 $1,000,000
(2) Western Oregon University:
New housing and
childcare center $12,975,000
(3) Portland State University:
(a) Student recreation remodel
- Peter W. Stott Center $500,000
(b) Replacement housing $10,000,000
(c) Native American Center -
adjustment $1,000,000
(d) Campus childcare center, phase
I $3,500,000
(e) Walk of the Heroines $200,000 $800,000
(f) Smith Center West, student
health center $9,500,000
(g) Classroom building acquisition
and renovation $3,500,000
(h) Northwest Engineering Science
Center,
phase I $26,500,000 $7,200,000 $26,500,000
(4) University of Oregon:
(a) East campus children’s center $2,616,000
(b) Erb Memorial Union HVAC system
upgrade $1,350,000
(c) Many Nations Longhouse
replacement $1,500,000
(d) Lillis Business
Complex/Gilbert Hall,
phase 2 $33,000,000
(e) Casanova Center &
Kilkenny/Pape
Fields additions $2,500,000
(f) School of Music additions and
alterations $7,600,000 $7,600,000
(5) Oregon State University:
(a) Residential infrastructure
upgrades $4,500,000
(b) Poling & Cauthorn Halls -
seismic upgrades $2,000,000
(c) Weatherford Hall renovation $14,000,000 $3,000,000
(d) New student
residences/apartments, phase 2 $10,000,000
(e) Dining Center renovations $4,600,000 $400,000
(f) Student family housing
apartments/childcare $8,500,000
(g) Parking services building $1,600,000
(h) Dixon Recreation Center
completion, phase 3 $19,000,000
(i) Student services center
(including Snell Demo) $5,650,000
(j) Alumni center parking improvements $500,000
(k) CH2M Hill Alumni Center
expansion $2,500,000
(L) Gill Coliseum expansion $11,500,000
(m) Hinsdale Wave Research addition $3,700,000
(n) College of Veterinary Medicine
- new building $1 $1
(6) Southern Oregon University:
(a) Classroom building (Medford
campus) $1,500,000
(b) Student housing $2,000,000
(c) Faculty housing $1,250,000
(d) Center for media education/JPR $6,000,000
(e) JPR equipment $500,000
(f) Environmental partnership
facility
(purchase/remodel) $2,500,000
(g) Land acquisition $1,300,000
(h) Stevenson Union
addition/remodel $5,500,000
(i) Siskiyou Center addition $2,200,000
(j) Library addition/remodel $10,000,000 $5,000,000 $5,000,000
(7) Oregon Institute of
Technology:
(a) Residence hall improvements $500,000
(b) College Union addition $5,500,000
(c) Capital Center renovation $1,000,000
(8) Eastern Oregon University:
(a) New residence hall $10,800,000
(b) Regional Agricultural, Health
and Life Sciences Building $14,470,500 $9,000,000 $5,470,500
(9) Project reserve $2,481,010 $1,267,372
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SECTION 3.
(1) Notwithstanding any other provision
of this 2001 Act, the proceeds from bonds and other revenue sources including
federal funds limited by section 2 of this 2001 Act may not be available for
expenditure before July 1, 2001. However, prior to July 1, 2001, the State
Board of Higher Education may take action and enter into contracts necessary
for the acquisition of facilities, the acquisition of land and improvements to
land and the planning, constructing, altering, repairing, furnishing and
equipping of the facilities authorized by this 2001 Act.
(2) The project
approvals, appropriations or expenditure limitations in this 2001 Act or
established by the Emergency Board during the biennium beginning on July 1,
2001, for capital construction or acquisition projects of the Department of
Higher Education, unless otherwise noted or changed by the Emergency Board or
the Legislative Assembly, expire on June 30 of the first odd-numbered year
after the completion of the project or on June 30, 2007, whichever comes first.
SECTION 4.
Section 2 of this 2001 Act does not
limit, affect or apply to expenditures for debt service or for administrative
costs relating to debt service on bonds sold pursuant to Article XI-F(1) of the
Oregon Constitution.
SECTION 5.
(1) Pursuant to Article XI-G of the
Oregon Constitution and ORS 351.345, the State Board of Higher Education may
sell, with the approval of the State Treasurer, such general obligation bonds
of the State of Oregon of the kind and character and within the limits
prescribed by Article XI-G of the Oregon Constitution, as the board determines,
but in no event may the board sell more than the aggregate principal sum of
$98,835,776 par value for the 2001-2003 biennium. The moneys realized from the
sale of the bonds shall be appropriated and may be expended for the purposes
set forth in section 2 (1) of this 2001 Act, section 3 (2)(a), (2)(i), (2)(j)
and (4)(g), chapter 890, Oregon Laws 1999, and section 2 (2)(i), chapter 584,
Oregon Laws 1997, for new projects for which the Emergency Board approves
funding during the biennium beginning July 1, 2001, and for payment for
capitalized interest and costs incidental to issuance of the bonds.
(2) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution, in section 2 (1)(a) of this 2001 Act are matched with
the General Fund appropriation made under section 1 (1) of this 2001 Act.
(3) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution in section 2 (3)(h) of this 2001 Act are matched with
the General Fund appropriation made under section 8 (3) of this 2001 Act.
(4) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution in section 2 (4)(f) of this 2001 Act are matched with
the General Fund appropriation made under section 10 (3) of this 2001 Act.
(5) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution in section 2 (5)(n) of this 2001 Act are matched with
the General Fund appropriation made under sections 1a (1) and 12 (3) of this
2001 Act.
(6) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution in section 2 (6)(j) of this 2001 Act are matched with
the General Fund appropriation made under section 13 (3) of this 2001 Act.
(7) In compliance with
the requirements of Article XI-G of the Oregon Constitution, funds available
under the expenditure limitation for bonds issued pursuant to Article XI-G of
the Oregon Constitution in section 2 (8)(b) of this 2001 Act are matched with
the General Fund appropriation made under section 14 (3) of this 2001 Act.
SECTION 6.
Notwithstanding the expenditure
limitations made by sections 2 and 7 of this 2001 Act, the State Board of
Higher Education may increase any limit for expenditures of other revenue
sources, including federal funds but excluding proceeds from lottery bonds,
prescribed by sections 2 and 7 of this 2001 Act for a specific project, if the
expenditure limitation for bonds issued pursuant to Article XI-F(1) or XI-G of
the Oregon Constitution for the project is reduced by the board in the same
amount.
SECTION 7.
(1) Notwithstanding the expenditure
limitations made by section 2 of this 2001 Act, the State Board of Higher
Education may expend amounts in excess of the expenditure limitations
prescribed by section 2 (2) to (8) of this 2001 Act for bonds issued pursuant
to Article XI-F(1) of the Oregon Constitution by the following percentage
amounts:
(a) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $500,000 to $999,999 under section 2 of this 2001 Act, up to 12 percent of
the expenditure limitation for bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution.
(b) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $1,000,000 to $4,999,999 under section 2 of this 2001 Act, up to eight
percent of the expenditure limitation for bonds issued pursuant to Article
XI-F(1) of the Oregon Constitution.
(c) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $5,000,000 to $9,999,999 under section 2 of this 2001 Act, up to five
percent of the expenditure limitation for bonds issued pursuant to Article XI-F(1)
of the Oregon Constitution.
(d) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $10,000,000 or more under section 2 of this 2001 Act, up to three percent of
the expenditure limitation for bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution.
(2) Notwithstanding the
expenditure limitations made by section 2 of this 2001 Act, the State Board of
Higher Education may expend amounts in excess of the expenditure limitations
for other revenue sources, including federal funds but excluding proceeds from
lottery bonds, prescribed by section 2 (2) to (8) of this 2001 Act by the
following percentage amounts:
(a) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $500,000 to $999,999 under section 2 of this 2001 Act, up to 12 percent of
the expenditure limitation for other revenue sources, including federal funds
but excluding proceeds from lottery bonds.
(b) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $1,000,000 to $4,999,999 under section 2 of this 2001 Act, up to eight
percent of the expenditure limitation for other revenue sources, including
federal funds but excluding proceeds from lottery bonds.
(c) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $5,000,000 to $9,999,999 under section 2 of this 2001 Act, up to five
percent of the expenditure limitation for other revenue sources, including federal
funds but excluding proceeds from lottery bonds.
(d) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $10,000,000 or more under section 2 of this 2001 Act, up to three percent of
the expenditure limitation for other revenue sources, including federal funds
but excluding proceeds from lottery bonds.
(3) Notwithstanding
subsections (1) and (2) of this section, the total increase to expenditure
limitations prescribed by section 2 (2) to (8) of this 2001 Act may not exceed
the amounts prescribed by section 2 (9) of this 2001 Act.
SECTION 8.
(1) There is established in the General
Fund an account to be known as the Portland State University Northwest
Engineering Science Center Phase I Account. Funds in the account shall be used
for construction of an engineering science center at Portland State University.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the Oregon University System for the purpose of the Portland State
University Northwest Engineering Science Center Phase I project described in
subsection (1) of this section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $26,500,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 9.
(1) There is established in the General
Fund an account to be known as the Portland State University Native American
Center Account. Funds in the account shall be used for construction of a Native
American center at Portland State University.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the Oregon University System for the purpose of the Portland State
University Native American Center project described in subsection (1) of this
section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $1,200,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 10.
(1) There is established in the General
Fund an account to be known as the University of Oregon School of Music
Account. Funds in the account shall be used for additions and alterations to
the School of Music at the University of Oregon.
(2) The account shall consist
of federal and local government funds made available to and funds donated to
the Oregon University System for the purpose of the University of Oregon School
of Music project described in subsection (1) of this section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $7,600,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 11.
(1) There is established in the General
Fund an account to be known as the Oregon State University Engineering Building
Account. Funds in the account shall be used for the construction of an
engineering building at Oregon State University.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the Oregon University System for the purpose of the Oregon State
University engineering building project described in subsection (1) of this
section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $10,000,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 12.
(1) There is established in the General
Fund an account to be known as the Oregon State University College of
Veterinary Medicine Account. Funds in the account shall be used for the
construction of a new building for the College of Veterinary Medicine at Oregon
State University.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the Oregon University System for the purpose of the Oregon State
University College of Veterinary Medicine building project described in
subsection (1) of this section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $4,000,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 13.
(1) There is established in the General
Fund an account to be known as the Southern Oregon University Library Account.
Funds in the account shall be used for the construction of an addition to and
the remodeling of a library at Southern Oregon University.
(2) The account shall
consist of federal and local government funds made available to the Oregon
University System, funds donated to the Oregon University System and proceeds
from lottery bonds for the purpose of the Southern Oregon University library project
described in subsection (1) of this section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $10,000,000 in
donations, federal and local government funds and proceeds from lottery bonds
for purposes of this subsection.
SECTION 14.
(1) There is established in the General
Fund an account to be known as the Eastern Oregon University Regional
Agricultural, Health and Life Sciences Building Account. Funds in the account
shall be used to construct a new building for agriculture, health and life
sciences studies at Eastern Oregon University.
(2) The account shall
consist of federal and local government funds made available to the Oregon
University System, funds donated to the Oregon University System and proceeds
from lottery bonds for the purpose of the Eastern Oregon University Regional Agricultural,
Health and Life Sciences Building project described in subsection (1) of this
section.
(3) Moneys in the
account shall be considered to be General Fund moneys for purposes of section 1
(3), Article XI-G of the Oregon Constitution, and are continuously appropriated
for that purpose. The account may not be credited with more than $14,470,500 in
donations, federal and local government funds and proceeds from lottery bonds
for purposes of this subsection.
SECTION 15.
(1) Notwithstanding any other law, the
State Board of Higher Education may not issue bonds for projects listed in
section 2 (3)(h), (4)(f), (5)(n), (6)(j) and (8)(b) of this 2001 Act until the
total amount of other revenues, including federal funds but excluding proceeds
from lottery bonds, identified for the project in the expenditure limitation
has been received by the board.
(2) Notwithstanding
subsection (1) of this section, the State Board of Higher Education, after
reporting to the Emergency Board, may issue bonds for a project listed in
section 2 (3)(h), (4)(f), (5)(n), (6)(j) and (8)(b) of this 2001 Act if the
total amount of other revenues, including federal funds but excluding proceeds
from lottery bonds, identified for the project in the expenditure limitation has
not been received by the board.
SECTION 16.
Notwithstanding any other law, all
sections of this 2001 Act are subject to Oregon Department of Administrative
Services rules related to allotting, controlling, and encumbering funds.
SECTION 17.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect July 1, 2001.
Approved by the Governor
July 27, 2001
Filed in the office of
Secretary of State July 27, 2001
Effective date July 27, 2001
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