72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 5028
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Budget and Management
Division, Oregon Department of Administrative Services)
CHAPTER ................
AN ACT
Relating to the financial administration of the Department of
Higher Education; creating new provisions; amending section 3,
chapter 890, Oregon Laws 1999; 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, 2003, out of the
General Fund, the amount of $11,519,853, which may be expended
for academic modernization and repair of facilities.
(2) 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)(a) of this 2003 Act on the basis of the board's
determination of the most critical deferred maintenance needs. In
determining the deferred maintenance needs, the board shall give
priority to projects that protect the health and safety of
occupants and maintain the structural integrity of
facilities. + }
SECTION 2. { + Notwithstanding any other law limiting
expenditures, the amount of $446,097,973 is established as the
maximum limit for payment of expenses under this section and
section 1 of this 2003 Act from the proceeds of bonds and other
revenue sources, including federal funds, by the Department of
Higher Education for the acquisition of land and improvements to
land and the acquisition, planning, constructing, altering,
repairing, furnishing and equipping of buildings and
facilities. Within this total expenditure limitation there are
established maximum limits for expenditures as follows: + }
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Other
Revenues
Article ArticleLottery(Including
XI-G XI-F(1) Bonds Federal
Enrolled House Bill 5028 (HB 5028-A) Page 1
Bonds Bonds Funds)
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_______________________________________________________________
(1Oregon University System:
(aAcademic modernization, capital
repair, deferred maintenance,
code and safety complian$12,519,$20,000,000 $10,000,000
(bMiscellaneous student building fee
projects $3,000,000
(cSmall capital projects $6,000,000 $6,000,000
(2Oregon State University:
(aReser Stadium expansion and parking
facilities $66,000,000 $44,000,000
(bMemorial Union remodel, phase 3 $5,500,000
(cCollege Inn renovation or replace$1,000,000 $11,000,000
(dResidential housing deferred maintenance
upgrade/replacement $3,000,000
(eArnold Dining Center remodel $7,000,000
(fPoling Hall remodel $9,000,000
(gNew single student suites/apartme$1,000,000 $11,000,000
(hInstrumentation and flow imaging lab
addition $650,000
(iGraf Hall and adjacent buildings
remodel $4,750,000 $4,750,00$9,500,000
(jCollege of Veterinary Medicine
addition $2,200,000
(3Portland State University:
(aSmith Memorial Student Union
renovations and code compliance $7,000,000
(bAthletic arena construction $5,000,000 $20,000,000
(cOndine student housing tower remodel
and seismic upgrade $6,000,000
(dHelen Gordon Child Development Center
rehabilitation, phase 2 $3,500,000
(ePeter W. Stott Center student recreation
and fitness improvements, phase 2$4,100,000
(fCombination housing/parking stru$20,000,000
(gNew housing construction, phase $15,000,000
(hCenter for nanoscience and
nanotechnology $500,000 $500,00$1,000,000
(4Southern Oregon University:
Jefferson Public Radio transmitter/
translator network equipment $500,000
(5University of Oregon:
(aUniversity Health and Counseling
Center addition/remodel $10,080,000
(bUniversity housing $8,500,000
(cLiving Learning Center $27,000,000
(dResidence hall restoration, phase$2,000,000
(eParking structure $10,920,000
(fHeart of Campus rehabilitation $850,000
(gMuseum of Natural History addition
and alterations $1,460,000
(hAllen Hall, phase 7 $2,000,000
(iAlumni Center construction $21,200,000
(jIntegrative science compl$4,750,000 $4,750,00$9,500,000
Enrolled House Bill 5028 (HB 5028-A) Page 2
(kTheatre complex $6,360,000
(6Project reserve $2,612,667 $1,625,600
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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SECTION 3. { + Notwithstanding any other provision of this
2003 Act, the proceeds from bonds and other revenue sources,
including federal funds, limited by section 2 of this 2003 Act
are not available for expenditure before the effective date of
this 2003 Act. However, any action taken by the State Board of
Higher Education prior to the effective date of this 2003 Act or
any contract entered into by the board prior to the effective
date of this 2003 Act necessary for the acquisition of land and
improvements to land and the acquisition, planning, constructing,
altering, repairing, furnishing and equipping of buildings and
facilities authorized by this 2003 Act is hereby authorized. + }
SECTION 4. { + The project approvals and expenditure
limitations in this 2003 Act and the expenditure limitations
established by the Emergency Board during the biennium beginning
July 1, 2003, for capital construction or acquisition projects
for the Department of Higher Education expire on June 30, 2009,
unless otherwise noted or unless changed by the Legislative
Assembly. + }
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 $56,619,853
par value for the biennium beginning July 1, 2003. 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)(a),
(2)(i), (3)(h) and (5)(j) of this 2003 Act and section 2 (3)(h)
and (4)(f), chapter 845, Oregon Laws 2001, for new projects for
which the Emergency Board approves funding during the biennium
beginning July 1, 2003, 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 2003 Act are
matched with the General Fund appropriation made under section 1
(1) of this 2003 Act and the General Fund appropriation made
under section 12 of this 2003 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 (2)(i) of this 2003 Act are
matched with the General Fund appropriation made under section 8
of this 2003 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 (3)(h) of this 2003 Act are
matched with the General Fund appropriation made under section 9
of this 2003 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
Enrolled House Bill 5028 (HB 5028-A) Page 3
Oregon Constitution in section 2 (5)(j) of this 2003 Act are
matched with the General Fund appropriation made under section 10
of this 2003 Act. + }
SECTION 6. { + Notwithstanding the expenditure limitations
made by sections 2 and 7 of this 2003 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 2003
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
established under section 2 of this 2003 Act, the State Board of
Higher Education may expend amounts in excess of the expenditure
limitations established under section 2 (2) to (5) of this 2003
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 2003 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 2003 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 2003 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 2003 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 established
under section 2 of this 2003 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, established under
section 2 (2) to (5) of this 2003 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 2003 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 2003 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 2003 Act, up to five percent
of the expenditure limitation for other revenue sources,
Enrolled House Bill 5028 (HB 5028-A) Page 4
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 2003 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 established under
section 2 (2) to (5) of this 2003 Act may not exceed the amounts
established under section 2 (6) of this 2003 Act. + }
SECTION 8. { + (1) There is established in the General Fund an
account to be known as the Oregon State University Engineering
Capital Construction Remodel Account. Funds in the account shall
be used for the remodel of Graf Hall and adjacent buildings at
Oregon State University for a microproducts breakthrough
institute related to a signature research center.
(2) The account shall consist of proceeds from lottery bonds
made available to the Oregon University System for the purpose of
the Oregon State University capital construction project
described in subsection (1) of this section. Interest earned on
moneys in the account shall be credited to the account.
(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 to the
Department of Higher Education for the capital construction
project described in subsection (1) of this section. The account
may not be credited with more than $4,750,000 in interest and
proceeds from lottery bonds. + }
SECTION 9. { + (1) There is established in the General Fund an
account to be known as the Portland State University Center for
Nanoscience and Nanotechnology Account. Funds in the account
shall be used for the expansion of microscopy and materials
characterization facilities at Portland State University related
to a signature research center.
(2) The account shall consist of proceeds from lottery bonds
made available to the Oregon University System for the purpose of
the Portland State University center for nanoscience and
nanotechnology project described in subsection (1) of this
section. Interest earned on moneys in the account shall be
credited to the account.
(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 to the
Department of Higher Education for the center for nanoscience and
nanotechnology project described in subsection (1) of this
section. The account may not be credited with more than $500,000
in interest and proceeds from lottery bonds. + }
SECTION 10. { + (1) There is established in the General Fund
an account to be known as the University of Oregon Integrative
Science Complex Account. Funds in the account shall be used for
the construction, remodeling, expansion and renovation of
facilities for an integrative science complex at the University
of Oregon that includes a multiscale materials and devices
laboratory and other facilities related to a signature research
center.
(2) The account shall consist of proceeds from lottery bonds
made available to the Oregon University System for the purpose of
the University of Oregon integrative science complex project
Enrolled House Bill 5028 (HB 5028-A) Page 5
described in subsection (1) of this section. Interest earned on
moneys in the account shall be credited to the account.
(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 to the
Department of Higher Education for the integrative science
complex project described in subsection (1) of this section. The
account may not be credited with more than $4,750,000 in interest
and proceeds from lottery bonds. + }
SECTION 11. { + (1) Pursuant to ORS 286.560 to 286.580 and
348.716, lottery bonds may be issued to fund projects for:
(a) The remodel of Graf Hall and adjacent buildings at Oregon
State University for a microproducts breakthrough institute
relating to a signature research center;
(b) The expansion of microscopy and materials characterization
facilities at Portland State University relating to a signature
research center; and
(c) The construction, remodeling, expansion and renovation of
facilities for an integrative science complex at the University
of Oregon relating to a signature research center.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) The universities of the Oregon University System promote
the improved education of Oregon's students;
(b) The promotion of educated employees for business and
industry expands markets, which in turn creates jobs and
stimulates economic development of the state's business and
industry; and
(c) The creation of a signature research center will support
the growth of emerging markets and the creation of new markets,
which in turn create jobs and stimulate economic development of
the state's business and industry.
(3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $10,000,000
and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued
pursuant to this section shall be issued only at the request of
the Chancellor of the Oregon University System.
(4)(a) Of the net proceeds of lottery bonds issued pursuant to
this section, $4,750,000 shall be deposited in the Oregon State
University Engineering Capital Construction Remodel Account
established in section 8 of this 2003 Act.
(b) Of the net proceeds of lottery bonds issued pursuant to
this section, $500,000 shall be deposited in the Portland State
University Center for Nanoscience and Nanotechnology Account
established in section 9 of this 2003 Act.
(c) Of the net proceeds of lottery bonds issued pursuant to
this section, $4,750,000 shall be deposited in the University of
Oregon Integrative Science Complex Account established in section
10 of this 2003 Act.
(5) The proceeds of lottery bonds issued pursuant to this
section may be used only for the purposes set forth in subsection
(1) of this section and for bond-related costs. + }
SECTION 12. { + (1) There is established in the General Fund
an account to be known as the Higher Education Academic
Modernization Account. Funds in the account shall be used at
state institutions of higher education within the Oregon
University System for academic modernization, capital repair,
deferred maintenance and making facilities compliant with
building and safety codes.
Enrolled House Bill 5028 (HB 5028-A) Page 6
(2) The account shall consist of funds donated to the Oregon
University System for the purposes described in subsection (1) of
this section. The account may also consist of other funds
available to the Oregon University System for the purposes
described in subsection (1) of this section. The Department of
Higher Education may not deposit any moneys into the account that
were appropriated to the department under this 2003 Act. Interest
earned on moneys in the account shall be credited to the account.
(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 to the
Department of Higher Education for the purposes described in
subsection (1) of this section. The account may not be credited
with more than $1,000,000 in interest, donations and other
funds. + }
SECTION 13. { + Notwithstanding any other law that establishes
the period of time for the project approvals and expenditure
limitations established by chapter 584, Oregon Laws 1997, the
State Board of Higher Education may continue to expend moneys
until June 30, 2005, for the following projects:
(1) The Museum of Natural History at the University of Oregon
within the expenditure limitation established by section 2
(2)(a), chapter 584, Oregon Laws 1997.
(2) Seismic improvements of parking structure number 3 at
Portland State University within the expenditure limitation
established by section 2 (4)(f), chapter 584, Oregon Laws 1997.
(3) The Native American Cultural Center at Portland State
University within the expenditure limitation established by
section 2 (4)(g), chapter 584, Oregon Laws 1997. + }
SECTION 14. Section 3, chapter 890, Oregon Laws 1999, is
amended to read:
{ + Sec. 3. + } 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, 2 and 2a { + ,
chapter 890, Oregon Laws 1999 + } { - of this 1999 Act - }
shall not exceed { - $142,562,674 - } { + $142,769,440 + },
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_WEB_CUSTOMERS:__________________________________
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FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ArticleArticle Other
XI-G XI-F(1)Revenues
Bonds Bonds(Including
Federal
Funds)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
Enrolled House Bill 5028 (HB 5028-A) Page 7
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(1State System of
Higher Education:
(a) Academic
modernization
and repai$11,596$6,000,$6,000,000
(b) Campus maste$2,000,$2,000,000
(c) Small capita$6,000,$6,000,000
(d) Miscellaneous small
projects $3,050,000
(e) Land and building
acquisition $1,000,$1,000,000
(2University of Oregon:
(a) Allen Hall-remodel,
phase II $561,800 $1,452,200
(b) State Museum of
Anthropology collection$1,494,600
(c) Baker Downtown Cent$1,000,000
(d) Hamilton East
housing repair $1,060,000
(e) Recreation and Fitness
Center, phase II$1,515,$2,120,000
(f) Ed Moshofsky
practice center, phase $2,800,000
(g) Autzen Stadium $2,226,000
(h) Vivian Olum Child
Development Center$339,20$286,200
(i) Museum of Art-
addition a$6,360,000ion$6,360,000
(j) Straub Hall-
addition a$1,166,000ion$1,166,000
(3Oregon State University:
(a) Linus Pauling Institu$500,000
(b) Student fami$2,000,000
(c) Sackett Hall water
system replaceme$3,180,000
(d) Buxton Hall $6,890,000
(e) Gill Coliseum
gymnasium addition $10,600,000
(f) Gill Coliseum-remod$1,696,000
(g) Softball stadium
relocation $3,180,000
(4Portland State
University:
(a) Peter W. Stott Cent$1,378,000
(b) Parking 3-seismic
retrofit and add$6,137,400
(c) Student housing
cabling $1,060,000
(d) Simon Benson
House $1,378,000
(e) Student housin$848,000e
(f) Smith Memorial Center-
renovation, phas$1,000,000
(g) Millar Library
Research C$1,431,000 $1,431,000
$1,637,766
(5Western Oregon
Enrolled House Bill 5028 (HB 5028-A) Page 8
University:
Library Pr$3,770,000
(6Southern Oregon
University:
Environmental Science
partnership purc$2,809,000
(7Oregon Institute of
Technology:
(a) Residence hall
improvements $848,000
(b) ADA restroom
modifications $100,700
(8Eastern Oregon
University:
Natural Resources and
Health Servi$500,000er
(9Project reserve $635,19$769,629
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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SECTION 15. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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Passed by House August 13, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate August 20, 2003
...........................................................
President of Senate
Enrolled House Bill 5028 (HB 5028-A) Page 9
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 5028 (HB 5028-A) Page 10