71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Note: For budget, see 2001-03 Biennial Budget, Pages B-16, M-1,
M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11
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 9525
A-Engrossed
Senate Bill 5525
Ordered by the Senate June 25
Including Senate Amendments dated June 25
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 Budget and Management
Division, Oregon Department of Administrative Services)
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.
Appropriates moneys and limits expenditures for capital
construction of Department of Higher Education.
Provides purposes for which proceeds from bonds of department
may be used.
Subjects agency to Oregon Department of Administrative Services
allotment process.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other
Revenues
Article Article (Including
XI-G XI-F(1) Lottery Federal
Bonds Bonds Bonds Funds)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(1Oregon University System:
(aAcademic modernization a$12,096,$15,000,000
(bSmall Capital Projects $6,000,000 $6,000,000
(cMiscellaneous Small Projects
(Student Building Fee) $3,000,000
(dLand and building acquisition $1,000,000 $1,000,000
(2Western Oregon University:
New housing and
childcare center $12,975,000
(3Portland State University:
(aStudent recreation remodel
- Peter W. Stott Center $500,000
(bReplacement housing $10,000,000
(cNative American Center - adjustme$1,000,000
(dCampus childcare center, phase I $3,500,000
(eWalk of the Heroines $200,000 $800,000
(fSmith Center West, student health$9,500,000
(gClassroom building acquisition
and renovation $3,500,000
(hNorthwest Engineering Science Center,
phase I $26,500,0$7,200,000 $26,500,000
(4University of Oregon:
(aEast campus children's center $2,616,000
(bErb Memorial Union HVAC system up$1,350,000
(cMany Nations Longhouse replacement $1,500,000
(dLillis Business Complex/Gilbert Hall,
phase 2 $33,000,000
(eCasanova Center & Kilkenny/Pape
Fields additions $2,500,000
(fSchool of Music additions$7,600,000ations $7,600,000
(5Oregon State University:
(aResidential infrastructure upgrad$4,500,000
(bPoling & Cauthorn Halls - seismic$2,000,000
(cWeatherford Hall renovation $14,000,000 $3,000,000
(dNew student residences/apartment$10,000,000
(eDining Center renovations $4,600,000 $400,000
(fStudent family housing apartments$8,500,000
(gParking services building $1,600,000
(hDixon Recreation Center completi$19,000,000
(iStudent services center (includin$5,650,000mo)
(jAlumni center parking improvements $500,000
(kCH2M Hill Alumni Center expansion $2,500,000
(LGill Coliseum expansion $11,500,000
(mHinsdale Wave Research addition $3,700,000
(nCollege of Veterinary Medicine - $1w building $1
(6Southern Oregon University:
(aClassroom building (Medford campu$1,500,000
(bStudent housing $2,000,000
(cFaculty housing $1,250,000
(dCenter for media education/JPR $6,000,000
(eJPR equipment $500,000
(fEnvironmental partnership facility
(purchase/remodel) $2,500,000
(gLand acquisition $1,300,000
(hStevenson Union addition/remodel $5,500,000
(iSiskiyou Center addition $2,200,000
(jLibrary addition/remodel$10,000,000 $5,000,00$5,000,000
(7Oregon Institute of Technology:
(aResidence hall improvements $500,000
(bCollege Union addition $5,500,000
(cCapital Center renovation $1,000,000
(8Eastern Oregon University:
(aNew residence hall $10,800,000
(bRegional Agricultural, Health
and Life Sciences Buildi$14,470,500 $9,000,00$5,470,500
(9Project reserve $2,481,010 $1,267,372
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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. + }
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