71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1730
B-Engrossed
House Bill 2015
Ordered by the House July 5
Including House Amendments dated May 10 and July 5
Sponsored by Representative SIMMONS
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.
Creates Post-Secondary Education Opportunity Commission.
Requires commission to assist Governor in developing
post-secondary education budget framework. Directs commission to
examine and make recommendations on other matters including
alternative governance structures for state-level post-secondary
education. { + Requires Governor to submit plan to Emergency
Board for administration of commission. Provides that Emergency
Board may allocate specified moneys to Office of the Governor for
administration of commission after receiving plan from
Governor. + }
Sunsets June 30, 2003.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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 ___, 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. + }
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