Chapter 964 Oregon Laws 2001

AN ACT

HB 2015

Relating to higher education; creating new provisions; amending ORS 351.003; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 351.003 is amended to read:

351.003. In addition to making the findings under ORS 351.001, the Legislative Assembly [further] finds that:

(1) Oregonians need access to post-secondary education opportunities throughout life in a variety of forms.

[(1)] (2) To meet the societal and individual needs described under ORS 351.001, Oregonians have created and sustained, from territorial days to the present, many and diverse institutions of higher education, both independent and state-assisted.

[(2)] (3) These institutions have developed the intellectual capacity of Oregonians and have prepared thousands of them for productive and fulfilling careers.

[(3)] (4) These institutions provide educational access to all segments of Oregon's diverse population, including many students for whom higher education creates the first opportunity for their entry into the mainstream of society.

[(4)] (5) These institutions provide research, both basic and applied, that generates new knowledge and applies it to the development of new products and processes essential for Oregon's economic growth.

[(5)] (6) These institutions provide public service activities that engage the professional expertise of their faculties to solve social problems.

[(6)] (7) These institutions share with our communities many cultural activities and services of immense importance to the quality of life enjoyed by Oregonians.

(8) These institutions are expanding the times, places and formats of course offerings.

(9) Oregonians' diverse educational needs will be best met in an environment in which public and independent schools are recognized as critical for meeting those needs.

SECTION 2. (1) There is created a Post-Secondary Education Opportunity Commission consisting of 15 members as follows:

(a) The Governor shall appoint:

(A) Two members who are also members of the State Board of Education;

(B) Two members who are also members of the State Board of Higher Education;

(C) Two members who are also members of the Oregon Student Assistance Commission;

(D) One member who serves on a board of education of a community college district;

(E) One member who serves on the governing board of an independent college;

(F) One member who serves on an advisory committee for a state institution of higher education listed in ORS 352.002;

(G) One member who is currently enrolled in a post-secondary institution; and

(H) One at-large member.

(b) The Speaker of the House of Representatives shall appoint two members who are members of the House of Representatives.

(c) The President of the Senate shall appoint two members who are members of the Senate.

(2) A member of the commission may not be employed by a public or independent post-secondary institution.

(3) When making appointments to the Post-Secondary Education Opportunity Commission, the Governor shall ensure that the commission includes members who are from rural Oregon.

(4) If there is a vacancy for any cause on the commission, the appointing authority shall make an appointment to become immediately effective.

(5) A nonlegislative member of the commission is entitled to compensation and expenses as provided in ORS 292.495. A legislative member of the commission is entitled to payment of compensation and expenses as provided under ORS 171.072, payable from funds appropriated to the Legislative Assembly.

(6) The Governor shall provide staff to the commission. The Governor may enter into contracts to provide for the administration of the commission through a request for proposal process.

(7) The Chancellor of the State Board of Higher Education, the Commissioner for Community College Services, the executive director of the Oregon Student Assistance Commission and the Education and Workforce Policy Advisor shall provide support to the Post-Secondary Education Opportunity Commission as necessary to enable the commission to fulfill its responsibilities.

SECTION 3. (1) The Post-Secondary Education Opportunity Commission shall:

(a) Assist the Governor in developing a post-secondary education budget framework to be presented to the Legislative Assembly as required by section 4 of this 2001 Act.

(b) In consultation with the State Board of Higher Education, review and make recommendations to the Governor and the Legislative Assembly regarding institutional autonomy and governance among the state institutions of higher education listed in ORS 352.002.

(c) In consultation with the State Board of Education and boards of education of community college districts, make recommendations to the Governor and the Legislative Assembly on how to most effectively support Oregon's locally governed community colleges to meet Oregon's diverse community education needs.

(d) Review the Oregon benchmarks adopted by the Oregon Progress Board that are relevant to the duties of the commission.

(e) Examine and make recommendations about alternative governance structures for state-level post-secondary education.

(2) Any budget goals established by the commission shall be consistent with ORS 341.009, 348.005, 351.001, 351.003, 351.005, 351.007 and 351.009.

(3) Prior to January 31, 2003, the commission shall present to the Seventy-second Legislative Assembly its findings and recommendations developed under this section.

SECTION 4. (1) With the assistance of the Post-Secondary Education Opportunity Commission, the Governor shall include in the budget report prepared for the 2003-2005 biennium a budget framework for the state's investment in colleges and universities. The budget framework shall include state investment in student access to post-secondary education and may include other categories such as:

(a) Need-based and merit-based student assistance used to offset attendance costs at public and private post-secondary institutions;

(b) Statewide and community services provided by post-secondary institutions;

(c) Research and development conducted by post-secondary institutions;

(d) Investment in new programs that are offered by post-secondary institutions and that are of critical strategic importance to the state;

(e) Support of individual public post-secondary campuses where a specific need for campus-level support has been identified;

(f) State administration and services provided to public post-secondary institutions; and

(g) Other budget categories necessary for the fulfillment of Oregon's post-secondary education goals.

(2) The Governor, with the assistance of the Post-Secondary Education Opportunity Commission, shall establish goals and performance measures for the budget proposed for the 2003-2005 biennium. The Governor shall include in the budget report an indication of how the proposed budget meets those goals and performance measures.

SECTION 5. The Governor shall submit a plan to the Emergency Board for the administration of the Post-Secondary Education Opportunity Commission. The plan shall specify how the Governor intends to use the funds allocated to the Emergency Board for the purposes of the administration of the commission.

SECTION 6. Sections 2 to 5 of this 2001 Act are repealed June 30, 2003.

SECTION 7. Notwithstanding any other law, the appropriation made from the General Fund for the biennium beginning July 1, 2001, for the Department of Higher Education in section 1, chapter 891, Oregon Laws 2001 (Enrolled Senate Bill 5524), is decreased by $218,000.

SECTION 8. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $218,000 for allocation to the Office of the Governor for the administration of the Post-Secondary Education Opportunity Commission.

(2) The Emergency Board may allocate the moneys described in subsection (1) of this section after receiving the plan from the Governor required by section 5 of this 2001 Act.

(3) If any moneys described in subsection (1) of this section are not allocated or obligated by the Emergency Board prior to November 1, 2002, such unallocated and unobligated moneys on that date become available for any other purpose for which the Emergency Board may lawfully allocate funds.

SECTION 9. 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 August 15, 2001

Filed in the office of Secretary of State August 16, 2001

Effective date August 15, 2001

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