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 1076
Senate Bill 328
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Higher Education)
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.
Allows State Board of Higher Education to manage mineral and
geothermal resource rights and proceeds associated with property
of board.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to property of State Board of Higher Education; amending
ORS 273.785, 351.060 and 351.155; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 273.785 is amended to read:
273.785. Excluded from the operation of ORS 273.551 and 273.775
to 273.790 are:
(1) Soil, clay, stone, sand and gravel acquired or used by
state agencies for the purpose of constructing or repairing roads
or other state facilities, or the proceeds from such materials;
(2) Any mineral or geothermal resource rights or proceeds
therefrom acquired and held by the State Fish and Wildlife
Commission pursuant to Public Law 415, 75th Congress (50 Stat.
917, 16 U.S.C. 777); or if other disposition is required by
federal rules or regulations or any agreement entered into at the
time of acquisition of the mineral or geothermal resource rights
by the state;
(3) Proceeds of mineral and geothermal resource rights acquired
by the state pursuant to ORS 530.010 and 530.030, other than
those distributed under ORS 530.110 (1)(c); { - and - }
(4) Any mineral or geothermal resource rights or proceeds
therefrom acquired { + for the state + } by the Director of
Veterans' Affairs { - for the state - } pursuant to ORS
88.720, 406.050 (2), 407.135 or 407.145. After consultation, the
Division of State Lands and the Director of Veterans' Affairs
shall enter into an interagency agreement governing consultation
between them concerning mineral and geothermal resource values on
properties acquired { + for the state + } by the director
{ - for the state - } . The Director of Veterans' Affairs shall
also adopt rules relating to the release of mineral and
geothermal rights on such properties. The exclusion under this
subsection shall be effective for such rights or proceeds
acquired by the director after January 1, 1974 { - . - } { + ;
and
(5) Any mineral or geothermal resource rights or proceeds
therefrom acquired or held for the state by the State Board of
Higher Education pursuant to ORS chapters 351 and 567. In
managing mineral or geothermal resource leases, the State Board
of Higher Education shall confer with the Division of State
Lands. + }
SECTION 2. ORS 351.060 is amended to read:
351.060. The State Board of Higher Education may:
(1) Control and provide for, subject to the conditions of this
section, the custody and occupation of the grounds, buildings,
books, papers and documents belonging to each and all the
institutions, departments or activities under the control of the
State Board of Higher Education.
(2) Manage, control and apply all property of whatever nature
given to or appropriated for the use, support or benefit of any
or all of the institutions, departments or activities under the
control of the State Board of Higher Education, according to the
terms and conditions of such gift or appropriation. Moneys
received under this section shall be deposited with the State
Treasurer in an account or fund separate and distinct from the
General Fund. Interest earned by the account or fund shall be
credited to the account or fund.
(3) Erect, improve, repair, maintain, equip and furnish
buildings, structures and lands for higher education.
(4) Acquire, receive, hold, control, convey, sell, manage,
operate, lease, lend, invest, improve and develop any and all
property, real or personal:
(a) Given to any of the institutions, departments or activities
under the control of the State Board of Higher Education by
private donors, whether such gifts are made to the State Board of
Higher Education or to the State of Oregon; or
(b) Acquired by any other method or from any source by the
State Board of Higher Education for the benefit of any of the
institutions, departments or activities under the control of the
board, subject, however, to the applicable provisions of ORS
273.413 to 273.456 and 351.210.
{ + (5) Manage mineral and geothermal resource rights and
proceeds therefrom acquired or held for the state by the board
pursuant to this chapter and ORS chapter 567. This includes
leasing mineral and geothermal resource rights consistent with
ORS 273.785. + }
{ - (5) - } { + (6) + } Take and hold mortgages on real and
personal property acquired by way of gift or arising out of
transactions entered into in accordance with the powers, duties
and authority given to the board by this section, ORS 351.070 and
351.150.
{ - (6) - } { + (7) + } Institute, maintain and participate
in suits and actions and other judicial proceedings, in the name
of the State of Oregon, for the foreclosure of such mortgages or
for the purpose of carrying into effect any and all of the
powers, duties and authority given to the State Board of Higher
Education by this section, ORS 351.070 and 351.150.
SECTION 3. ORS 351.155 is amended to read:
351.155. Notwithstanding the applicable provisions of ORS
279.025 to 279.031, 279.310 to 279.356 and 279.400 to 279.990,
the State Board of Higher Education may, in the management of all
forestlands under its control and supervision, sell the forest
products on such lands in the same manner as is provided in ORS
530.059, and for that purpose the State Board of Higher Education
shall have the same powers with respect to experimental or
research projects in the field of forestland management or for
forest product utilization on forestlands under its control as
the State Forester has pursuant to the provisions of ORS 530.050
and 530.059. { + In the management of its forestlands, the State
Board of Higher Education may lease mineral and geothermal
resource rights as provided in ORS 351.060 (5). + }
SECTION 4. { + 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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