74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1837
House Bill 3024
Sponsored by Representatives GREENLICK, FLORES, BUCKLEY;
Representatives CANNON, DALLUM, RILEY
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.
Establishes Portland State University as public corporation
under control of Portland Metropolitan Universities Board of
Directors.
Removes Portland State University from Oregon University
System.
Declares legislative intent regarding Portland State University
budget and funding.
Changes name of Oregon Health and Science University Board of
Directors to Portland Metropolitan Universities Board of
Directors.
Becomes operative July 1, 2009.
A BILL FOR AN ACT
Relating to integration of Portland State University and Oregon
Health and Science University; creating new provisions;
amending ORS 97.170, 174.108, 181.871, 190.410, 192.501,
192.502, 192.690, 238.005, 238A.005, 238A.140, 243.107,
243.810, 243.910, 244.050, 276.227, 276.229, 283.143, 284.701,
287.025, 307.095, 307.110, 329.855, 336.057, 341.440, 343.961,
348.040, 348.180, 348.270, 348.597, 348.900, 351.203, 351.509,
351.511, 351.526, 351.529, 351.647, 351.663, 351.666, 351.668,
351.697, 351.810, 351.820, 351.840, 352.002, 352.063, 352.066,
352.068, 352.071, 352.074, 353.010, 353.030, 353.040, 353.050,
353.060, 353.070, 353.080, 353.100, 353.110, 353.117, 353.120,
353.130, 353.140, 353.160, 353.180, 353.190, 353.200, 353.202,
353.205, 353.210, 353.250, 353.260, 353.270, 353.280, 353.290,
353.300, 353.340, 353.350, 353.360, 353.370, 353.380, 353.390,
353.400, 353.410, 353.440, 353.445, 353.600, 461.213, 461.535,
461.543 and 660.315 and section 1, chapter 797, Oregon Laws
2001; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 353. + }
SECTION 2. { + Portland State University is established as a
public corporation and shall exercise and carry out all powers,
rights and privileges that are expressly conferred upon it, are
implied by law or are incident to such powers. The university
shall be a governmental entity performing governmental functions
and exercising governmental powers. The university shall be an
independent public corporation with statewide purposes and
missions and without territorial boundaries. The university shall
be a governmental entity but is not considered a unit of local or
municipal government or a state agency for purposes of state
statutes or constitutional provisions. + }
SECTION 3. { + Section 4 of this 2007 Act is added to and made
a part of ORS chapter 353. + }
SECTION 4. { + (1) The Portland Metropolitan Universities
Board of Directors shall develop a plan for the merger of Oregon
Health and Science University and Portland State University.
(2) The board shall submit the plan in a report, including
recommendations for legislation, to the interim committees
related to education as appropriate, in the manner provided by
ORS 192.245, no later than October 1, 2013. + }
SECTION 5. ORS 353.010 is amended to read:
353.010. As used in this chapter:
(1) 'Board' means the { - Oregon Health and Science
University - } { + Portland Metropolitan Universities + } Board
of Directors established under ORS 353.040.
{ + (2) 'Oregon Health and Science University' means the
Oregon Health and Science University public corporation created
under ORS 353.020.
(3) 'Portland State University' means the Portland State
University public corporation created under section 2 of this
2007 Act. + }
{ - (2) - } { + (4) + } 'Public corporation' means an
entity that is created by the state to carry out public missions
and services. In order to carry out these public missions and
services, a public corporation participates in activities or
provides services that are also provided by private enterprise. A
public corporation is granted increased operating flexibility in
order to best ensure its success, while retaining principles of
public accountability and fundamental public policy. The board of
directors of a public corporation is appointed by the Governor
and confirmed by the Senate but is otherwise delegated the
authority to set policy and manage the operations of the public
corporation.
{ - (3) 'University' or 'Oregon Health and Science
University' means the Oregon Health and Science University public
corporation created under ORS 353.020. - }
SECTION 6. ORS 353.030 is amended to read:
353.030. (1) It shall be the public policy of { - the - }
Oregon Health and Science University in carrying out its missions
as a public corporation:
(a) To serve the people of the State of Oregon by providing
education in health, science, engineering and their management
for students of the state and region.
(b) To provide:
(A) An environment that stimulates the spirit of inquiry,
initiative and cooperation between and among students, faculty
and staff;
(B) Research in health care, engineering, biomedical sciences
and general sciences; and
(C) The delivery of health care to contribute to the
development and dissemination of new knowledge.
(2) The university will strive for excellence in education,
research, clinical practice, scholarship and community service
while maintaining compassion, personal and institutional
integrity and leadership in carrying out its missions.
(3) The university is designated to carry out the following
public purposes and missions on behalf of the State of Oregon:
(a) Provide high quality educational programs appropriate for a
health and science university;
(b) Conduct research in health care, engineering, biomedical
sciences and general sciences;
(c) Engage in the provision of inpatient and outpatient
clinical care and health care delivery systems throughout the
state;
(d) Provide outreach programs in education, research and health
care;
(e) Serve as a local, regional and statewide resource for
health care providers; and
(f) Continue a commitment to provide health care to the
underserved patient population of Oregon.
(4) The university shall carry out the public purposes and
missions of this section in the manner that, in the determination
of the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors,
best promotes the public welfare of the people of the State of
Oregon.
SECTION 7. ORS 353.040 is amended to read:
353.040. (1) There is established { - an Oregon Health and
Science University - } { + a Portland Metropolitan
Universities + } Board of Directors consisting of { - 10 - }
{ + 15 + } members. The directors, except for the
{ - president of the university - } { + presidents of Oregon
Health and Science University and Portland State University + },
shall be appointed by the Governor and shall be confirmed by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(2) Except for the { - president of the university - } { +
presidents of the universities + }, the term of office of each
nonstudent member is four years. The term of office of the
student member is two years. Before the expiration of the term of
a member, the Governor shall appoint a successor whose term
begins on October 1 next following. A member is eligible for
reappointment for one additional term. If there is a vacancy for
any cause, the Governor shall make an appointment to become
effective immediately for the unexpired term. The board shall
nominate a slate of candidates whenever a vacancy occurs or is
announced and shall forward the recommended candidates to the
Governor for consideration. To assist the Governor in appointing
the student member, the duly organized and recognized
{ - entity - } { + entities + } of student government shall
{ + each + } submit a list of nominees to the Governor for
consideration.
(3) The membership of the board shall be as follows:
(a) One representative who is a nonstudent member of the State
Board of Higher Education.
(b) { - Seven - } { + Eleven + } representatives who, in
the discretion of the Governor, have experience in areas related
to the { - university - } { + universities' + } missions or
that are important to the success of Oregon Health and Science
University { + and Portland State University + }, including but
not limited to higher education, health care, scientific
research, { + social sciences, arts, + } engineering and
technology and economic and business development.
(c) One representative who is a student enrolled at
{ - the - } { + Oregon Health and Science + } University { +
or Portland State University + }.
(d) The president of { - the - } { + Oregon Health and
Science + } University, who shall be an ex officio voting member.
{ + (e) The president of Portland State University, who shall
be an ex officio voting member. + }
(4) Directors must be citizens of the United States. Except for
the { - president of the university - } { + presidents of the
universities + }, no voting member may be an employee of
{ - the - } { + Oregon Health and Science + } University { +
or Portland State University + }.
(5) The { - board - } { + Portland Metropolitan
Universities Board of Directors + } shall select one of its
members as chairperson and another as vice chairperson for such
terms and with such duties and powers as the board considers
necessary for performance of the functions of those offices. The
board shall adopt bylaws concerning how a quorum shall be
constituted and when a quorum shall be necessary.
(6) The board shall meet at least once every three months at
Oregon Health and Science University { + or Portland State
University + }. The board shall meet at such other times and
places specified by the chairperson or by a majority of the
members of the board.
(7) The Governor may remove any member of the board { + ,
except for the presidents of the universities, + } at any time
for cause, after notice and public hearing, but not more than
three members shall be removed within a period of four years,
unless it is for corrupt conduct in office.
SECTION 8. { + Notwithstanding the term of office specified by
ORS 353.040, of the additional members first appointed to the
Portland Metropolitan Universities Board of Directors pursuant to
the amendments to ORS 353.040 by section 7 of this 2007 Act:
(1) One shall serve for a term ending July 1, 2010.
(2) One shall serve for a term ending July 1, 2011.
(3) One shall serve for a term ending July 1, 2012.
(4) One shall serve for a term ending July 1, 2013. + }
SECTION 9. { + (1) The Portland Metropolitan Universities
Board of Directors established under ORS 353.040 shall study the
feasibility of imposing a local tax that would be dedicated to
funding all or a portion of the powers conferred upon the board
by ORS 353.050.
(2) The board shall report the findings of its study and its
recommendations based on the study to the appropriate interim
committee related to revenue no later than October 1, 2008. + }
SECTION 10. ORS 353.050 is amended to read:
353.050. Except as otherwise provided in this chapter, the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors, or { + Oregon
Health and Science University and Portland State + } University
officials acting under the authority of the board, shall exercise
all the powers of { - the - } Oregon Health and Science
University { + and Portland State University + } and shall
govern the { - university - } { + universities + }. { - In
carrying out its powers, rights and privileges, the university
shall be a governmental entity performing governmental functions
and exercising governmental powers. The university or - } The
board may either within or outside the state:
(1) Determine or approve policies for the organization,
administration and development of the { - university - } { +
universities + }.
(2) Appoint and employ any instructional, administrative,
professional, trade, occupational and other personnel as are
necessary or appropriate to carry out the missions of the
{ - university - } { + universities + }, and prescribe
{ - their - } compensation and terms of office or
employment { + for the personnel + }.
(3) Make any and all contracts and agreements, enter into any
partnership, joint venture or other business arrangement
{ - , - } { + and + } create and participate fully in the
operation of any business structure, including but not limited to
the development of business structures for health care delivery
systems and networks with any public or private government,
nonprofit or for-profit person or entity that { + , + } in the
judgment of the { - university - } { + universities + } or the
board { + , + } is necessary or appropriate to carry out the
{ - university's - } { + universities' + } missions and goals.
(4) Acquire, purchase, receive, hold, control, convey, sell,
manage, operate, lease, license, lend, invest, improve, develop,
use, dispose of and hold title to real and personal property of
any nature, including intellectual property, in { - its - }
{ + the board's or universities' + } own name.
(5) Sue in { - its - } { + the board's or universities' + }
own name and be sued, plead and be impleaded in all actions,
suits or proceedings in any forum brought by or against
{ - it - } { + the board or universities + } by any and all
private or state, local, federal or other public entities,
agencies or persons.
(6) Encourage gifts and donations for the benefit of the
{ - university - } { + universities + }, and subject to the
terms of the gift, retain, invest and use such gifts as deemed
appropriate by the
{ - university - } { + universities + } or the board.
(7) Acquire, receive, hold, keep, pledge, control, convey,
manage, use, lend, expend and invest all funds, appropriations,
gifts, bequests, stock and revenue from any source to the
{ - university - } { + universities + }.
(8) Borrow money for the needs of the { - university - }
{ + universities + }, in such amounts and for such time and upon
such terms as may be determined by the { - university - }
{ + universities + } or the board.
(9) Erect, construct, improve, develop, repair, maintain,
equip, furnish, lease, lend, convey, sell, manage, operate, use,
dispose of and hold title to buildings, structures and lands for
the { - university - } { + universities + }.
(10) Purchase { - any and all - } insurance, operate a
self-insurance program or otherwise arrange for the equivalent of
insurance coverage of any nature and the indemnity and defense of
{ - its - } { + the + } officers, agents and employees or
other persons designated by the { - university - }
{ + universities + } to carry out or further the missions of the
{ - university - } { + universities + }.
(11) Create, develop, supervise, control and adopt academic
programs, including standards, qualifications, policies or
practices relating to admissions, curriculum, academic
advancement, grading policy, student conduct, credits and
scholarships and the granting of academic degrees, certificates
and other forms of recognition.
(12) Authorize, create, eliminate, establish, operate,
reorganize, reduce or expand any program, school, institute,
health care facility or other unit of operation.
(13) Establish, charge, collect and use charges for enrollment
into the { - university - } { + universities + }, including
charges such as tuition for education and general services,
incidental fees and such other charges found by the
{ - university - } { + board + } to be necessary to carry out
{ - its - } educational programs. Fees realized in excess of
amounts allocated and exceeding required reserves shall be
considered surplus incidental fees and shall be allocated for
programs under the control of the board and found to be
advantageous to the cultural or physical development of students
of the { - university - } { + universities + } upon the
recommendation of the recognized student { - government - }
{ + governments + } of the { - university - }
{ + universities + }.
(14) Establish, charge, collect and use charges and fees for
{ - university - } { + the universities' + } services and the
use of
{ - university - } { + the universities' + } facilities.
(15) Impose charges, fines, fees and such other regulations
considered convenient or necessary to control and regulate
traffic and parking of vehicles to the same extent allowed the
State Board of Higher Education. This authority includes the
authority to enforce the regulations of the { - university - }
{ + universities + } in a court to the extent allowed the State
Board of Higher Education in enforcing the state board's
regulations as provided in ORS 352.360 (7).
(16) Commission as special campus security officers one or more
individuals who will have probable cause arrest authority and the
accompanying immunities as set forth in ORS 133.310 and 133.315
when acting in the scope of their duties, provided that such
individuals are trained and certified by the Department of Public
Safety Standards and Training, and provided further that such
officers { - shall - } { + are + } not { - be - }
authorized to carry firearms as police officers and
{ - shall - } { + are + } not { - be - } considered police
officers for purposes of ORS 181.610, 238.005, 243.005 or
243.736. The { - university - } { + universities + } shall
be considered { - a - } criminal justice { - agency - }
{ + agencies + } for purposes of ORS 181.715 and 181.720.
(17) Enforce and recover for payment to the
{ - university - } { + universities + } any fines that are
authorized by this chapter.
(18) Adopt, amend or repeal bylaws, administrative rules,
regulations and orders applicable to the matters that are the
subject of this chapter.
(19) Contract with any state agency for the performance of such
duties, functions and powers as is appropriate. A state agency
{ - shall - } { + may + } not charge the { - university - }
{ + universities + } for such services an amount that is greater
than the actual cost of the services.
(20) Purchase, receive, subscribe for or otherwise acquire,
own, hold, vote, use, sell, mortgage, lend, pledge, invest in or
otherwise dispose of and deal in or with the shares, stock or
other equity or interests in or obligations of any other entity.
Separate funds may be established for such investments. The State
of Oregon shall have no proprietary or other interest in such
investments or such funds.
(21) Make available, by lease or otherwise, or control access
to any health care facilities or services or other of
{ - its - } { + the board's + } properties and assets to such
persons, firms, partnerships, associations or corporations and on
such terms as considered appropriate, charge and collect rent or
other fees or charges therefor and terminate or deny any such
access or any such lease or other agreement for such reasons as
considered appropriate and as may be consistent with its
obligations under any such lease or other agreement.
(22) Contract for the operation of any department, section,
equipment or holdings of the { - university - }
{ + universities + } and enter into any agreements with any
person, firm or corporation for the management by said person,
firm or corporation on behalf of the
{ - university - } { + universities + } of any { - of
its - } properties { + of the universities + } or for the more
efficient or economical performance of clerical, accounting,
administrative { - and - } { + or + } other functions
{ - relating to its health care facilities - } .
(23) Select and appoint faculty as medical and dental staff
members and others licensed to practice the healing arts,
delineate and define the privileges granted each such individual,
adopt and direct a plan for faculty clinical income and set the
terms and conditions of that plan (including such modifications
to any such existing plan as considered necessary or appropriate
upon expiration of the term of such plan), and determine the
extent to which and the terms upon which each such individual may
provide teaching, research, consulting or other services at
{ - the - } { + Oregon Health and Science + } University or
any other health care facility.
(24) Enter into affiliation, cooperation, territorial,
management or other similar agreements with other public or
private universities or health care providers for the sharing,
division, allocation or furnishing of services on an exclusive or
a nonexclusive basis, referral of patients, management of
facilities, formation of health care delivery systems and other
similar activities.
(25) Perform any other acts that in the judgment of the board
or { - university - } { + universities + } are requisite,
necessary or appropriate in accomplishing the purposes described
in or carrying out the powers granted by this chapter.
(26) Exercise { - these powers - } { + the powers granted
by this chapter + }, notwithstanding that as a consequence of the
exercise of such powers, the { - university engages - }
{ + universities engage + } in activities that might otherwise
be deemed anticompetitive within the contemplation of state or
federal antitrust laws.
SECTION 11. ORS 353.060 is amended to read:
353.060. { + (1) + } The { - Oregon Health and Science
University - } { + Portland Metropolitan Universities + } Board
of Directors shall appoint a president of { - the - }
{ + Oregon Health and Science + } University. The president is
the president of the faculty and is the executive and governing
officer of { - the - } { + Oregon Health and Science + }
University. Subject to the supervision of the board, the
president has authority to direct the affairs of { - the - }
{ + Oregon Health and Science + } University.
{ + (2) The Portland Metropolitan Universities Board of
Directors shall appoint a president of Portland State University.
The president is the president of the faculty and is the
executive and governing officer of Portland State University.
Subject to the supervision of the board, the president has
authority to direct the affairs of Portland State University. + }
SECTION 12. ORS 353.070 is amended to read:
353.070. (1) As used in this section:
(a) 'Direct labor' includes all work required for preparation,
processing and packing, but not supervision, administration,
inspection or shipping.
(b) 'Disabled individual' means an individual who, because of
the nature of the individual's disabilities, is not able to
participate fully in competitive employment, and for whom
specialized employment opportunities must be provided.
(c) 'Qualified nonprofit agency for disabled individuals '
means a nonprofit activity center or rehabilitation facility:
(A) Organized under the laws of the United States or of this
state and operated in the interest of disabled individuals, and
the net income of which does not inure in whole or in part to the
benefit of any shareholder or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of
this state; and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs disabled individuals for
not less than 75 percent of the work hours of direct labor
required for the manufacture or provision of the products or
services.
(2) The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
shall further the policy of this state to encourage and assist
disabled individuals to achieve maximum personal independence
through useful and productive gainful employment by ensuring an
expanded and constant market for sheltered workshop and activity
center products and services, thereby enhancing the dignity and
capacity of disabled individuals for self-support and minimizing
their dependence on welfare and need for costly
institutionalization.
(3) It shall be the duty of { - Oregon Health and Science
University - } { + the board + } to:
(a) Determine the price of all products manufactured and
services offered for sale to { - the - } { + Oregon Health
and Science + } University { + or Portland State University + }
by any qualified nonprofit agency for disabled individuals. The
price shall recover for the workshops the cost of raw materials,
labor, overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement;
(b) Revise such prices from time to time in accordance with
changing cost factors;
(c) Make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary;
and
(d) Utilize prices and specifications, in its discretion,
established by the Oregon Department of Administrative Services.
(4) The { - university - } { + board + } shall establish
and publish a list of sources or potential sources of products
produced by any qualified nonprofit agency for disabled
individuals and the services provided by any such agency that the
{ - university - } { + board + } determines are suitable for
its procurement. The { - university - } { + board + }, in its
discretion, may utilize any list established and published by the
Oregon Department of Administrative Services.
(5) If { - the university - } { + Oregon Health and Science
University or Portland State University + } intends to procure
any product or service on the procurement list, the university
shall procure such product or service at the price established by
the { - university - } { + board + } from a qualified
nonprofit agency for disabled individuals, provided the product
or service is of the appropriate specifications and is available
at the location and within the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the { - university - }
{ + universities + } and qualified nonprofit agencies for
disabled individuals. The { - university - } { +
universities + }, on behalf of the board, { - is - }
{ + are + } authorized to enter into such contractual
agreements, cooperative working relationships or other
arrangements as may be necessary for effective coordination and
efficient realization of the objectives of this section.
SECTION 13. ORS 353.080 is amended to read:
353.080. { + (1) + } Oregon Health and Science University
shall file with the Legislative Assembly and the Governor, not
later than April 15 of each year, a report of the university's
activities and operations for the preceding year.
{ + (2) Portland State University shall file with the
Legislative Assembly and the Governor, not later than April 15 of
each year, a report of the university's activities and operations
for the preceding year. + }
SECTION 14. ORS 353.100 is amended to read:
353.100. (1) The provisions of ORS chapters 35, 190, 192, 244
and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090
and 307.112 { - shall - } apply to Oregon Health and Science
University { + and Portland State University + } under the same
terms as they apply to public bodies other than the state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283,
291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060,
180.210 to 180.235, 183.710 to 183.725, 183.745, 183.750, 184.305
to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 236.380,
243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to
278.415, 279.835 to 279.855, 282.010 to 282.150, 357.805 to
357.895 and 656.017 (2) { - shall - } { + do + } not apply to
the { - university - } { + universities + } or any
not-for-profit organization or other entity if the equity of the
entity is owned exclusively by { - the - } { + Oregon Health
and Science + } University { + or Portland State University + }
and if the organization or entity is created by { - the - }
{ + Oregon Health and Science + } University { + or Portland
State University + } to advance any of the { - university's - }
{ + universities' + } statutory missions.
(3) The { - university - } { + universities + }, as
{ - a - } distinct governmental { - entity - } { +
entities + }, or any organization or entity described in
subsection (2) of this section { - shall - } { + is + } not
{ - be - } subject to any provision of law enacted after January
1, 1995, with respect to any governmental entity, unless the
provision specifically provides that it applies to the
{ - university - } { + universities + } or to the organization
or entity.
SECTION 15. { + Section 16 of this 2007 Act is added to and
made a part of ORS chapter 353. + }
SECTION 16. { + (1) Legal title to real property and
facilities acquired by the State of Oregon prior to the operative
date of this section and utilized by Portland State University
shall remain with the State of Oregon. However, the university
shall have the exclusive care, custody and control of such real
property and facilities pursuant to an exclusive leasehold
interest in the real property and facilities for a term of 99
years. The term of the leasehold shall begin on the operative
date of this section, and shall renew automatically and
perpetually for consecutive 99-year terms.
(2) Notwithstanding any other provisions of Oregon law
concerning the authority of state agencies to lease real property
and facilities, the Oregon Department of Administrative Services
acting on behalf of the State of Oregon shall execute a ground
lease for all real property and facilities utilized by the
university consistent with the provisions of this section.
(3) The ground lease is not subject to any termination unless:
(a) The State of Oregon causes all outstanding obligations of
the university to be defeased under the terms of any applicable
master indenture or financing agreement; and
(b) There are no other conditions placed on the university.
(4) Upon execution of the ground lease, the university shall
pay the State of Oregon the sum of $99 in consideration for the
ground lease.
(5) The university shall manage and maintain all real property
and facilities utilized by the university. Real property and
facilities of the State of Oregon leased to the university
pursuant to this section may not be sold by the university but
may be encumbered by the university. Such real property and
facilities shall be encumbered by the State of Oregon only in
accordance with state law and in a manner that would not impair
the financial condition of the university or the rights of the
holders of any obligations of the university issued or incurred
under any master indenture or other financing agreement. + }
SECTION 17. ORS 353.110 is amended to read:
353.110. { - The - } Oregon Health and Science University
{ + or Portland State University + } may acquire, by
condemnation or otherwise, private property that is necessary or
convenient in carrying out any power granted to the university.
The right to acquire property by condemnation shall be exercised
as provided by ORS chapter 35.
SECTION 18. ORS 353.117 is amended to read:
353.117. (1) Pursuant to ORS 353.050, Oregon Health and Science
University { + or Portland State University + } may create and
maintain an entity that is exempt from federal income tax under
section 501(c)(3) of the Internal Revenue Code, as amended, for
the purpose of conducting clinical care and practice and
advancing other university missions by the faculty.
(2) Any entity created by { - the - } { + a + } university
under subsection (1) of this section shall be considered:
(a) A public employer for purposes of ORS 236.605 to 236.640
and ORS chapters 238 and 238A;
(b) A unit of local government for purposes of ORS 190.003 to
190.130;
(c) A public body for purposes of ORS 30.260 to 30.300 and
307.112;
(d) A public agency for purposes of ORS 200.090; and
(e) A public corporation for purposes of ORS 307.090.
SECTION 19. ORS 353.120 is amended to read:
353.120. The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
shall adopt a comprehensive alcohol and drug abuse policy and
implementation plan.
SECTION 20. ORS 353.130 is amended to read:
353.130. The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
subscribes to the policy set forth under ORS 279A.015 regarding
public contracting, and shall develop contract policies that
support openness, impartiality and competition in the awarding of
contracts in accordance with that provision. The
{ - university - } { + board + } subscribes to the intent of
the social policies of ORS 279.835 to 279.855 and ORS chapters
279A, 279B and 279C and shall develop contract policies that are
appropriate to { - the - } { + Oregon Health and Science
University and Portland State + } University and are designed to
encourage affirmative action, recycling, { + the + } inclusion
of art in public buildings, the purchase of services and goods
from disabled individuals, the protection of workers through the
payment of prevailing wages as determined by the Bureau of Labor
and Industries, the provision of workers' compensation insurance
to workers on contracts and the participation of emerging small
businesses and businesses owned by women and minorities.
SECTION 21. ORS 353.140 is amended to read:
353.140. (1) By September 1 of each even-numbered
year { + , + } the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities Board of Directors + } shall submit to
the Oregon Department of Administrative Services a funding
request for each biennium. The Oregon Department of
Administrative Services shall include and submit a
{ - university - } { + board + } funding request to the
Legislative Assembly as part of the Governor's biennial budget.
Any such request approved by the Legislative Assembly shall be
appropriated to the Oregon Department of Administrative Services
for direct allocation to { - the - } { + Oregon Health and
Science + } University { + and Portland State University + }.
The budget request to the Legislative Assembly shall include a
presentation on tuition and student fee levels.
(2) The { - university budget - } { + universities'
budgets + } shall be prepared in accordance with generally
accepted accounting principles and adopted by the { - Oregon
Health and Science University - } board { - of Directors - }
in accordance with ORS 192.610 to 192.710.
SECTION 22. { + Section 23 of this 2007 Act is added to and
made a part of ORS chapter 353. + }
SECTION 23. { + It is the intent of the Legislative Assembly
that:
(1) The budget of Portland State University continue to be
based on the funding formula used by the State Board of Higher
Education to calculate the budget for state institutions of
higher education within the Oregon University System;
(2) The Portland Metropolitan Universities Board of Directors
allocate to Portland State University a funding amount that is
based on that funding formula; and
(3) The Legislative Assembly appropriate for Portland State
University an amount that is based on that funding formula. + }
SECTION 24. ORS 353.160 is amended to read:
353.160. Nothing in this chapter shall affect the
constitutional duties and authority of the Secretary of State to
audit public accounts. However, { - the - } Oregon Health and
Science University { + and Portland State University + } shall
conduct independent audits if such audits are considered
advisable by the { - university - } { + Portland Metropolitan
Universities Board of Directors + }. Such audits shall be subject
to the exclusive discretion and control of the
{ - university - } { + board + } and shall be subject to
disclosure pursuant to ORS 192.410 to 192.505.
SECTION 25. ORS 353.180 is amended to read:
353.180. { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may adopt policies relating to the creation, use,
custody and disclosure, including access, of student education
records of { - the - } { + Oregon Health and Science
University or Portland State + } University that are consistent
with the requirements of applicable state and federal law.
Whenever a student has attained 18 years of age or is attending
{ - the - } { + Oregon Health and Science University or
Portland State + } University, the permission or consent required
of and the rights accorded to a parent of the student regarding
education records shall thereafter only be required of and
accorded to the student.
SECTION 26. ORS 353.190 is amended to read:
353.190. (1) { - No student shall be refused admission to
the - } Oregon Health and Science University { - or be
expelled - } { + and Portland State University may not refuse
admission to or expel an individual + } for the sole reason that,
because of religious beliefs, the { - student - }
{ + individual + } is unable to attend classes on a particular
day.
(2) Any student in the { - university - }
{ + universities + } who, because of religious beliefs, is
unable to attend classes on a particular day shall be excused on
that day from any examination, study requirement or work
requirement. However, at the student's own expense the student
shall make up the examination, study requirement or work
requirement missed because of the absence.
SECTION 27. ORS 353.200 is amended to read:
353.200. (1) A student at { - the - } Oregon Health and
Science University who is a member of the military and who is
ordered to federal or state active duty for more than 30
consecutive days has the following rights:
(a) With regard to a course in which the student is enrolled
and for which the student has paid tuition and fees, the right
to:
(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;
(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the practice of the
university for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject
to the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 353.202 for all
amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the university, the
right to be readmitted and reenrolled at the university within
one year after release from active duty without a requirement of
redetermination of admission eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the university or the
Oregon Student Assistance Commission before the student was
ordered to active duty.
(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the university may not:
(a) Give the student academic credit for the course from which
the student withdraws;
(b) Give the student a failing grade or a grade of incomplete
or make any other negative annotation on the student's record; or
(c) Alter the student's grade point average due to the
student's withdrawal from the course.
(3) A student who elects to continue and complete a course for
full credit under subsection (1)(a)(C) of this section is subject
to the following conditions:
(a) Course sessions the student misses due to active duty shall
be counted as excused absences and may not adversely impact the
student's grade for the course or rank in the student's class.
(b) The student may not be automatically excused from
completing course assignments due during the period the student
serves on active duty.
(c) A letter grade or a grade of pass may be awarded only if,
in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress
toward meeting course requirements to justify the grade.
(4) The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
shall adopt rules for the administration of this section.
(5) As used in this section, 'member of the military' means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any
other state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States.
SECTION 28. ORS 353.202 is amended to read:
353.202. (1)(a) The amount of the credit specified in ORS
353.200 (1)(b) shall be based on:
(A) The amount of room and board paid by the student for a term
that the student does not complete because the student is ordered
to active duty; and
(B) The amount of tuition and fees paid by the student for a
course from which the student withdraws.
(b) The amount of the credit shall be prorated based on the
number of weeks remaining in the term or course when the student
withdraws.
(c) At the time a student withdraws from a course at
{ - the - } Oregon Health and Science University or from the
university, the student must elect to claim the credit:
(A) As a credit toward tuition and fees or room and board if
the student reenrolls at the university under ORS 353.200 (1)(c);
or
(B) As a monetary payment.
(2) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section may change the
method of claiming the credit to the method described in
subsection (1)(c)(B) of this section by giving notice to the
university.
(3) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section must use the
credit or change the method of claiming the credit under
subsection (2) of this section within one year after release from
active duty.
(4) A personal representative of a student who elected to claim
the credit by the method described in subsection (1)(c)(A) of
this section may claim a monetary payment upon presenting
evidence to the university that the student died while serving on
active duty.
(5) The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
shall adopt rules for the administration of this section,
including rules that determine the amount of credit and the
method by which the credit is prorated.
SECTION 29. ORS 353.205 is amended to read:
353.205. { - The - } Oregon Health and Science University
shall give credit for education and training obtained by a person
while serving in the Armed Forces of the United States, as
defined in ORS 351.642. The education and training for which
credit may be given must meet the standards adopted by the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors by rule.
SECTION 30. ORS 353.210 is amended to read:
353.210. (1) The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
shall convene a physical access committee to identify barriers to
access by disabled persons at { - the - } { + Oregon Health
and Science University and Portland State + } University. The
committee shall include, but not be limited to:
(a) One or more students who are disabled, or if there are no
disabled students willing to participate, a disabled person who
uses the { - university's - } { + universities' + }
facilities;
(b) One or more members of the faculty or staff { + of the
universities + } who are disabled;
(c) The { - coordinator - } { + coordinators + } of
disabled student services for the { - university - } { +
universities + };
(d) One or more administrators of the { - university - }
{ + universities + }; and
(e) One or more members of the physical plant staff of the
{ - university - } { + universities + }.
(2) The physical access committee shall present its findings
and recommendations to the { - administration of the
university - } { + board + }, listing access needs and
priorities for meeting those needs. These findings and
recommendations shall identify the barriers to access that
prevent disabled persons from meaningfully utilizing
{ - campus - } { + university + } facilities related to
instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each biennium the
{ - university - } { + board + } shall include amounts for
capital improvement that will be applied to the substantial
reduction and eventual elimination of barriers to access by
disabled persons as identified by the physical access committee.
(4) Nothing in this section and ORS 185.155 and 341.937
requires the { - university - } { + universities + } to
undertake projects for accessibility that are not otherwise
required unless such projects are funded specifically by the
Legislative Assembly.
SECTION 31. ORS 353.250 is amended to read:
353.250. Notwithstanding the provisions of ORS chapters 238 and
238A, the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
may offer to { - its - } employees { + of Oregon Health and
Science University and Portland State University + }, in addition
to the Public Employees Retirement System, alternative retirement
programs.
SECTION 32. ORS 353.260 is amended to read:
353.260. (1) { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may adopt policies governing access to { + Oregon
Health and Science University and Portland State + } University
personnel records that are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on
access unless the president of { - the - } { + Oregon Health
and Science + } University { + or the president of Portland
State University + } finds that the public interest in
maintaining individual rights to privacy in an adequate
educational environment would not suffer by disclosure of such
records. Access to such records may be limited to designated
classes of information or persons, or to stated times and
conditions, or to both, but cannot be limited for records more
than 25 years old.
(3) No rule or order adopted pursuant to this section shall
deny to a faculty member full access to the member's personnel
file or records kept by the { - university - } { +
universities + }, except as provided in subsection (4)(d) and (e)
of this section.
(4)(a) The files relating to the evaluation of a faculty member
shall be kept in designated, available locations.
(b) Any evaluation received by telephone shall be documented in
each of the faculty member's files by means of a written summary
of the conversation with the names of the conversants identified.
(c) A faculty member shall be entitled to submit, for placement
in the files, evidence rebutting, correcting, amplifying or
explaining any document contained therein and other material that
the member believes might be of assistance in the evaluation
process.
(d) Letters and other information for a faculty member of the
{ - university - } { + universities + } submitted in
confidence to the State Board of Higher Education or its
institutions, schools or departments prior to July 1, 1975, shall
be maintained in the files designated by paragraph (a) of this
subsection. However, if a faculty member requests access to those
files, the anonymity of the contributor of letters and other
information obtained prior to July 1, 1975, shall be protected.
The full text shall be made available, except that portions of
the text that would serve to identify the contributor shall be
excised by a faculty committee. Only the names of the
contributors and the excised portions of the documents may be
kept in a file other than the files designated by paragraph (a)
of this subsection.
(e) Confidential letters and other information submitted to or
solicited by { - the - } { + Oregon Health and Science + }
University after July 1, 1995, { + or by Portland State
University after the operative date of this section, + } and
prior to the employment of a prospective faculty member are
exempt from the provisions of this paragraph. However, if the
member is employed by { - the university - } { + Oregon
Health and Science University or Portland State University + },
the confidential preemployment materials shall be placed in the
files designated by paragraph (a) of this subsection. If a
faculty member requests access to the member's files, the
anonymity of the contributor of confidential preemployment
letters and other preemployment information shall be protected.
The full text shall be made available, except that portions of
the text that would serve to identify the contributor shall be
excised and retained in a file other than the files designated by
paragraph (a) of this subsection.
(f) Classroom survey evaluations by students of a faculty
member's classroom or laboratory performance shall be anonymous.
The record of tabulated reports shall be placed in at least one
of the files designated by paragraph (a) of this subsection. All
survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(g) The { - university - } { + universities + }, when
evaluating { - its employed - } faculty members { + employed
by the universities + }, { - shall - } { + may + } not solicit
or accept letters, documents or other materials, given orally or
in written form, from individuals or groups who wish their
identity kept anonymous or the information they provide kept
confidential.
(5) { - No - } { + A + } policy or order adopted pursuant
to this section
{ - limits - } { + does not limit + } the authority of the
{ - university - } { + universities + } to prepare, without
identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel
records.
(6) Any category of personnel records specifically designated
as confidential pursuant to valid policies or orders as provided
in this section { - shall - } { + may + } not be deemed a
public record for the purposes of ORS 192.420.
(7) As used in this section, 'personnel records' means records
containing information kept by the { - university - }
{ + universities + } concerning a faculty member and furnished
by the faculty member or by others about the faculty member at
the member's { + request + } or at the { - university's - }
request { + of the university employing the member + },
including but not limited to information concerning discipline,
membership activity, employment performance or other personal
records of individual persons.
SECTION 33. ORS 353.270 is amended to read:
353.270. (1) { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may authorize receipt of compensation for any
officer or employee of
{ - the - } { + Oregon Health and Science University or
Portland State + } University from private or public resources,
including but not limited to income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the { - university - }
{ + universities + };
(d) Providing services or other valuable consideration for a
private corporation, individual or entity, whether paid in cash
or in kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between
{ - the university - } { + one of the universities + } and the
private entity;
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment an
officer's or employee's publicly funded salary. Such income shall
be authorized and received in accordance with policies
established by the { - university - } { + universities + };
and
(f) Providing medical and other health services.
(2) The { - university shall - } { + board may + } not
authorize compensation, as described in subsection (1) of this
section, that, in the { - university's - } { + board's + }
judgment, does not comport with the missions of the
{ - university - } { + universities + } or substantially
interferes with an officer's or employee's duties to the
{ - university - } { + universities + }.
(3) Any compensation described and authorized under subsection
(1) of this section shall be considered official salary,
honorarium or reimbursement of expenses for purposes of ORS
244.040. If authorization or receipt of such compensation creates
a potential conflict of interest, the potential conflict shall be
reported in writing in accordance with policies of the
{ - university - } { + board + }. The disclosure is a public
record subject to public inspection.
(4) The { - university - } { + board + } shall adopt
standards governing employee outside employment and activities of
employees, including potential conflicts of interest, as defined
by the { - university - } { + board + } and consistent with
ORS 244.020, and the public disclosure thereof, and procedures
for reporting and hearing potential or actual conflict of
interest complaints.
SECTION 34. ORS 353.280 is amended to read:
353.280. { + (1) + } The president and professors constitute
the faculty of { - the - } Oregon Health and Science
University and as such have the immediate government and
discipline of { - it - } { + the university + } and the
students therein. The faculty may, subject to the supervision of
the { - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors, prescribe the
course of study to be pursued at the university and the textbooks
to be used.
{ + (2) The president and professors constitute the faculty
of Portland State University and as such have the immediate
government and discipline of the university and the students
therein. The faculty may, subject to the supervision of the
Portland Metropolitan Universities Board of Directors, prescribe
the course of study to be pursued at the university and the
textbooks to be used. + }
SECTION 35. ORS 353.290 is amended to read:
353.290. The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
shall consider and maintain affirmative action plans and goals
when reductions in faculty and staff { + of Oregon Health and
Science University or Portland State University + } are required
as a result of:
(1) Reductions in revenue that necessitate discontinuance of
{ - its - } educational { - program at its anticipated
level - } { + programs at anticipated levels + };
(2) Elimination of classes due to decreased student enrollment;
or
(3) Reduction in courses due to administrative decisions.
SECTION 36. ORS 353.300 is amended to read:
353.300. { - No - } { + Oregon Health and Science
University and Portland State University may not use any + }
political or sectarian test { - shall ever be allowed or
applied - } in the appointment of faculty and other employees of
the { - Oregon Health and Science University - } { +
universities + }.
SECTION 37. { + Section 38 of this 2007 Act is added to and
made a part of ORS chapter 353. + }
SECTION 38. { + (1) The transfer of the duties, functions and
powers relating to Portland State University from the State Board
of Higher Education to the Portland Metropolitan Universities
Board of Directors may not be construed in any way to impair the
obligations or agreements of the State of Oregon or the State
Board of Higher Education with respect to bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to the operative date of this
section by the State of Oregon on behalf of the State Board of
Higher Education for equipment or projects for the university.
The Portland Metropolitan Universities Board of Directors and the
State Board of Higher Education shall take all actions necessary
to ensure full compliance with all indentures, resolutions,
declarations, agreements and other documents issued with respect
to the bonds, certificates of participation, financing agreements
or other agreements for the borrowing of money issued prior to
the operative date of this section by the State of Oregon on
behalf of the State Board of Higher Education for equipment or
projects for the university. The State Board of Higher Education
and the Portland Metropolitan Universities Board of Directors
shall establish, in a written agreement that shall be subject to
the approval of the State Treasurer, the responsibility of the
Portland Metropolitan Universities Board of Directors for the
payment to the State Board of Higher Education of moneys
sufficient to pay when due all principal, interest and any other
charges on bonds, certificates of participation, financing
agreements or other agreements for the borrowing of money issued
prior to the operative date of this section by the State of
Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university.
(2) Holders of obligations issued by the university on or after
the operative date of this section may be paid pari passu with
the obligations issued by the State of Oregon on behalf of the
State Board of Higher Education for equipment or projects for the
university prior to the operative date of this section from the
rents, revenues, receipts, appropriations or other income of the
university, but only to the extent that:
(a) Such holders have no rights, liens or other interests with
respect to such rents, revenues, receipts, appropriations or
other income of the university that are senior or superior to the
rights granted to the holders of obligations issued prior to the
operative date of this section by the State of Oregon on behalf
of the State Board of Higher Education for equipment or projects
for the university; and
(b) The State Board of Higher Education, the Oregon Department
of Administrative Services or the State of Oregon, acting for the
benefit of such holders of obligations, is granted a lien or
other security interest in the rents, revenues, receipts,
appropriations or other income of the university that is not
junior to and is at least pari passu with any lien or other
security interest granted to the holders of obligations issued by
the university.
(3) Any expenses, including legal expenses, judgments,
liabilities and federal arbitrage and rebate penalties arising
from the actions of the university or the State Board of Higher
Education, if incurred with respect to bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to the operative date of this
section by the State of Oregon on behalf of the State Board of
Higher Education for equipment or projects for the university,
shall be paid when due by the Portland Metropolitan Universities
Board of Directors, subject to the board's right to reasonably
contest such expenses, judgments, liabilities or penalties. The
Portland Metropolitan Universities Board of Directors shall
assist the Controller of the Oregon University System in making
any necessary calculations and filing any necessary reports
related to arbitrage and rebate on such indebtedness.
(4) Any amounts deposited with the State Treasurer, the
Controller of the Oregon University System or the Oregon
Department of Administrative Services or its designated agents in
any debt service in reserve accounts for the debt service
associated with any bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
money issued prior to the operative date of this section by the
State of Oregon on behalf of the State Board of Higher Education
for equipment or projects for the university shall remain with
the State Treasurer, the Controller of the Oregon University
System or the Oregon Department of Administrative Services or its
designated agents until such time as the bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money for which such reserve accounts have been
established have been retired or defeased. The university shall
be credited with the investment earnings on such reserve
accounts. + }
SECTION 39. ORS 353.340 is amended to read:
353.340. { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may from time to time issue and sell revenue bonds
in accordance with the provisions of the Uniform Revenue Bond Act
contained in ORS 288.805 to 288.945. However, the provisions
contained in ORS 288.815 { - shall - } { + do + } not apply
to revenue bonds issued by the { - university - } { +
board + }. Such revenue bonds { - shall - } { + may + } not
in any manner nor to any extent be a general obligation of the
{ - university - } { + board + } nor a charge upon any
revenues or property of the { - university - } { + board + }
not specifically pledged thereto. No obligation of any kind
incurred under ORS 288.805 to 288.945 shall be, or be considered,
an indebtedness of the State of Oregon.
SECTION 40. ORS 353.350 is amended to read:
353.350. Revenue bonds issued by the { - Oregon Health and
Science University - } { + Portland Metropolitan Universities
Board of Directors + } pursuant to ORS 288.805 to 288.945 shall
be considered to be bonds or obligations of a political
subdivision of the State of Oregon for the purposes of all laws
of the state.
SECTION 41. ORS 353.360 is amended to read:
353.360. Refunding bonds and advance refunding bonds of the
same character and tenor as those replaced thereby may be issued
by the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities Board of Directors + }
pursuant to ORS 288.592 to 288.695 as applicable and in
accordance with the laws of the state.
SECTION 42. ORS 353.370 is amended to read:
353.370. { + (1) + } In addition to, and not in limitation of,
the means of satisfying state general obligation bond obligations
under ORS 291.445, { - Oregon Health and Science University - }
{ + the Portland Metropolitan Universities Board of
Directors + }, promptly upon the discovery of any shortfall in
moneys available to the
{ - university - } { + board + } for the payment when due of
amounts under any bonds, certificates of participation, financing
agreements or other agreements for the borrowing of moneys issued
prior to July 1, 1995, by the State of Oregon on behalf of the
State Board of Higher Education for equipment or projects for
{ - the - } { + Oregon Health and Science + } University,
shall notify in writing the Legislative Assembly, or if the
Legislative Assembly is not in session, the Emergency Board, of
the existence and amount of the shortfall.
{ + (2) In addition to, and not in limitation of, the means
of satisfying state general obligation bond obligations under ORS
291.445, the Portland Metropolitan Universities Board of
Directors, promptly upon the discovery of any shortfall in moneys
available to the board for the payment when due of amounts under
any bonds, certificates of participation, financing agreements or
other agreements for the borrowing of moneys issued prior to the
operative date of this section by the State of Oregon on behalf
of the State Board of Higher Education for equipment or projects
for Portland State University, shall notify in writing the
Legislative Assembly, or if the Legislative Assembly is not in
session, the Emergency Board, of the existence and amount of the
shortfall.
(3) + } The Legislative Assembly or the Emergency Board, as the
case may be, may provide funds to satisfy the payment of any such
amount. By enacting this provision, the Legislative Assembly
acknowledges its current intention to provide, from funds other
than those appropriated or otherwise made available to the Oregon
University System, funds to pay such amount. However, except as
may be required by the Oregon Constitution or ORS 291.445,
neither the Legislative Assembly nor the Emergency Board shall
have any legal obligation to provide funds under this section.
SECTION 43. ORS 353.380 is amended to read:
353.380. As used in ORS 353.380 to 353.420:
(1) 'Credit enhancement agreement' means any agreement or
contractual relationship between the { - Oregon Health and
Science University - } { + Portland Metropolitan Universities
Board of Directors + } and any bank, trust company, insurance
company, surety bonding company, pension fund or other financial
institution providing additional credit on or security for a
financing agreement or certificates of participation authorized
by ORS 353.380 to 353.420.
(2) 'Financing agreement' means a lease-purchase agreement, an
installment sale agreement, a loan agreement, note agreement,
short-term promissory notes, commercial papers, lines of credit
or similar obligations or any other agreement to finance real or
personal property that is or will be owned and operated by
{ - the - } { + Oregon Health and Science University or
Portland State + } University, or to refinance previously
executed financing agreements.
(3) 'Personal property' means tangible personal property,
software and fixtures.
(4) 'Property rights' means, with respect to personal property,
the rights of a secured party under ORS chapter 79, and, with
respect to real property, the rights of a trustee or lender under
a lease authorized by ORS 353.410 (4).
(5) 'Software' means software and training and maintenance
contracts related to the operation of computing equipment.
SECTION 44. ORS 353.390 is amended to read:
353.390. { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may enter into financing agreements in accordance
with ORS 353.380 to 353.420, upon such terms as the
{ - university - } { + board + } finds to be advantageous.
Amounts payable by the { - university - } { + board + } under
a financing agreement shall be limited to funds specifically
pledged, budgeted for or otherwise made available by the
{ - university - } { + board + }. If there are insufficient
available funds to pay amounts due under a financing agreement,
the lender may exercise any property rights that the
{ - university - } { + board + } has granted to { - it - }
{ + the lender + } in the financing agreement against the
property that was purchased with the proceeds of the financing
agreement, and may apply the amounts so received toward payments
scheduled to be made by the { - university - } { + board + }
under the financing agreement.
SECTION 45. ORS 353.400 is amended to read:
353.400. The { - Oregon Health and Science University Board
of Directors - } { + Portland Metropolitan Universities Board
of Directors + } may delegate to any board member { - , - }
{ + or to any + } officer or employee of { - the - } Oregon
Health and Science University { + or Portland State
University + } the authority to determine maturity dates,
principal amounts, redemption provisions, interest rates or
methods for determining variable or adjustable interest rates,
denominations and other terms and conditions of such obligations
that are not appropriately determined at the time of enactment or
adoption of the authorizing resolution. The board may also
delegate entering into financing agreements or any other
instruments authorized by law. This delegated authority shall be
exercised subject to applicable requirements of law and such
limitations and criteria as may be set forth in the authorizing
resolution.
SECTION 46. ORS 353.410 is amended to read:
353.410. { - Oregon Health and Science University - }
{ + The Portland Metropolitan Universities Board of
Directors + } may:
(1) Enter into agreements with third parties to hold financing
agreement proceeds, payments and reserves as security for
lenders, and to issue certificates of participation in the right
to receive payments due from the { - university - }
{ + board + } under a financing agreement. Amounts so held shall
be invested at the direction of the { - Oregon Health and
Science University - } board { - of Directors - } . Interest
earned on any investments held as security for a financing
agreement may, at the option of the board, be credited to the
accounts held by the third party and applied in payment of sums
due under a financing agreement.
(2) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such
credit enhancement agreements shall be payable solely from funds
specifically pledged, budgeted for or otherwise made available by
the { - university - } { + board + } and amounts received
from the exercise of property rights granted under such financing
agreements.
(3) Use financing agreements to finance the costs of acquiring
or refinancing real or personal property, plus the costs of
reserves, credit enhancements and costs associated with obtaining
the financing.
(4) Grant leases of real property with a trustee or lender.
Such leases may be for a term that ends on the date on which all
amounts due under a financing agreement have been paid or
provision for payment has been made, or up to 20 years after the
last scheduled payment under a financing agreement, whichever is
later. Such leases may grant the trustee or lender the right to
evict { - the - } { + Oregon Health and Science University
and Portland State + } University and exclude { - it - }
{ + the universities + } from possession of the real property
for the term of the lease if the { - university - }
{ + board + } fails to pay when due the amounts scheduled to be
paid under a financing agreement, or otherwise defaults under a
financing agreement. Upon default, the trustee or lender may
sublease the land to third parties and apply any rentals toward
payments scheduled to be made under a financing agreement.
(5) Grant security interests in personal property to trustees
or lenders.
(6) Make pledges for the benefit of trustees and lenders.
(7) Purchase fire and extended coverage or other casualty
insurance for property that is acquired or refinanced with
proceeds of a financing agreement, assign the proceeds thereof to
a lender or trustee to the extent of their interest, and covenant
to maintain such insurance while the financing agreement is
unpaid, so long as available funds are sufficient to purchase
such insurance.
SECTION 47. ORS 353.440 is amended to read:
353.440. The Legislative Assembly finds that:
(1) Institutions in the Oregon University System and other
educational sectors have academic programs that are related to or
integrated with the programs of Oregon Health and Science
University { + and Portland State University + }.
(2) It is in the best interest of the state that a coordinated
approach be taken to these related and integrated academic
programs.
(3) In order to best ensure the continued harmony of such
academic programs, { - the - } { + Oregon Health and Science
University, Portland State + } University and the Oregon
University System shall coordinate such programs and shall advise
each other of the following proposed changes to such academic
programs:
(a) Creation or significant revision, such as a merger or
closure, of degree programs;
(b) Creation or significant revision, such as a merger or
closure, of schools; and
(c) Creation or significant revision of major academic
policies.
(4) In order to further the coordination described by this
section, { + Oregon Health and Science University and Portland
State + } University officers shall maintain a role in the
appropriate committees of the State Board of Higher Education and
the Oregon University System.
SECTION 48. ORS 353.445 is amended to read:
353.445. The { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
shall adopt a policy that prescribes the requirements for a
venture grant program and the requirements that a grant applicant
must meet in order to receive grant moneys from the university
venture development fund operated by Oregon Health and Science
University, including requirements:
(1) That a grant recipient remain within this state for at
least five years following the receipt of a grant or repay the
grant plus interest;
(2) That the university maintain records of tax credit
certificates issued by the university and cease issuing
certificates when the total amount of certificates issued by the
university equals $4 million; and
(3) That the university maintain records of licensing and
royalty revenue received by the university as the result of
grants made from the fund under ORS 351.697 (4) and records of
amounts paid to the General Fund under ORS 351.697 (4).
SECTION 49. ORS 353.600 is amended to read:
353.600. As used in ORS 353.600 to 353.612:
(1) 'Committee' means the Oregon Nursing Shortage Coalition
Committee created in ORS 353.606.
(2) 'Post-secondary education institution' means:
(a) A state institution under the direction of the State Board
of Higher Education;
(b) A community college operated under ORS chapter 341;
(c) A school or division of Oregon Health and Science
University;
{ + (d) A school or division of Portland State
University; + } or
{ - (d) - } { + (e) + } An Oregon-based, generally
accredited, not-for-profit private institution of higher
education.
SECTION 50. ORS 97.170 is amended to read:
97.170. (1) Except as set forth in subsection (4) of this
section, any licensed funeral service practitioner having charge
of the body of a deceased person thought to be an unclaimed
indigent shall use all reasonable diligence promptly to notify
the relatives of the deceased person or any other person having
an interest in the deceased person and shall arrange with any
relative who claims the body or with any friend of the deceased
person who will pay the expenses to make disposition of the body.
If no one claims the body within five days after death, or if
those notified acquiesce, the funeral service practitioner shall
notify, by telephone, the Demonstrator of Anatomy of
{ - the - } Oregon Health and Science University. The
Demonstrator of Anatomy, who shall be appointed by the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors from the staff
of { - the - } Oregon Health and Science University, shall
immediately inform the funeral service practitioner whether the
body is deemed to be in fit condition and is desired for medical
instruction or the advancement of medical science. If the body is
desired for these purposes, the funeral service practitioner
shall arrange for a licensed embalmer to make such preparation as
is necessary and shall, within 72 hours, deliver it to
{ - the - } Oregon Health and Science University, or any other
school or college within the State of Oregon qualifying
applicants for examination in the fundamental sciences as
required and specified in ORS 683.010 to 683.335 and ORS chapters
676 to 681 and 684 to 686, as the Demonstrator of Anatomy
directs. The expenses of embalming, transportation of the body to
such school or college, filing fees and other related expenses
shall be paid from the funds appropriated specifically for the
purposes of this section. Such expenses shall not exceed the
normal rates charged for such services to the general public.
(2) If the Demonstrator of Anatomy does not require any such
body for instruction or research, it may be assigned, on request,
to any other properly authorized institution within this state or
to any qualified physician for instruction or research.
(3) When the body of a deceased person is deemed in unfit
condition by the Demonstrator of Anatomy and disposition does not
take place as set forth in subsections (1) and (2) of this
section, and no relatives, friends or interested persons claim
the body after notification is attempted, then the funeral
service practitioner may commence to cremate or bury the body
without the consent of persons listed in ORS 97.130 and is
furthermore indemnified from any liability arising from having
made such disposition. The method of disposition must be in the
least costly manner that complies with law, and that does not
conflict with known wishes of the deceased. Reimbursement for
costs of disposition shall be made as set forth in subsection (5)
of this section.
(4) When the deceased person is a child over whom the
Department of Human Services held guardianship at the time of
death, and no relatives, friends or interested persons claim the
body after notification is attempted as set forth in subsection
(1) of this section, the department may at its discretion notify
the Demonstrator of Anatomy and proceed as set forth in
subsection (1) of this section, or may authorize burial or
cremation of the body. Expenses related to burial or cremation
authorized by the department under this subsection shall be borne
by the department.
(5) Upon receipt of an itemized statement of expenses, the
department shall reimburse the funeral service practitioner
within 30 days the reasonable costs for disposition of any
unclaimed deceased person who has insufficient assets and for
whom no one takes responsibility. The method of disposition must
be in the least costly manner and shall not exceed $450 per
disposition.
SECTION 51. ORS 174.108 is amended to read:
174.108. (1) As used in the statutes of this state, a term
defined in ORS 174.108 to 174.118 has the meaning provided by ORS
174.108 to 174.118 only if the statute using the term makes
specific reference to the provision of ORS 174.108 to 174.118
that defines the term and indicates that the term has the meaning
specified in that provision.
(2) Nothing in ORS 174.108 to 174.118 affects the meaning of
any statute that uses one or more of the terms defined in ORS
174.108 to 174.118 and that is in effect on January 1, 2002.
Nothing in ORS 174.108 to 174.118 affects the meaning of any
statute that uses one or more of the terms defined in ORS 174.108
to 174.118 and that is enacted after January 1, 2002, unless the
statute makes specific reference to the provision of ORS 174.108
to 174.118 that defines the term and indicates that the term has
the meaning specified in that provision.
(3) None of the terms defined in ORS 174.108 to 174.118
includes { - the - } Oregon Health and Science University,
{ + Portland State University, + } the Oregon State Bar, any
intergovernmental entity formed by a public body with another
state or with a political subdivision of another state, or any
intergovernmental entity formed by a public body with an agency
of the federal government.
SECTION 52. ORS 181.871 is amended to read:
181.871. (1) ORS 181.870 to 181.887 do not apply to:
(a) A person certified by the Department of Public Safety
Standards and Training as a police officer or a parole and
probation officer.
(b) A law enforcement officer of the United States.
(c) An officer or employee of this state, Oregon Health and
Science University established by ORS 353.020 { + , Portland
State University established by section 2 of this 2007 Act + } or
the United States while performing duties of the office or
employment.
(d) A person appointed or commissioned by the Governor to
perform law enforcement or security services.
(e) An attorney admitted to practice law in this state while
engaged in the practice of law.
(f) An insurance adjuster licensed in this state while
performing duties authorized by the license.
(g) A person who monitors fire alarm systems and other alarm
systems that are not designed to detect unauthorized intrusions
while monitoring such systems.
(h) A person while protecting the person's property.
(i) A person who repairs and installs intrusion alarms while
repairing or installing intrusion alarms.
(j) A person acting as an investigator as defined in ORS
703.401.
(k) A person performing crowd management or guest services,
including, but not limited to, a person described as a ticket
taker, an usher, a parking attendant or event staff or a person
employed for the purpose of age verification by a licensee of the
Oregon Liquor Control Commission, who is not armed and is not
hired with the primary responsibility of taking enforcement
action as described in ORS 181.870 (8)(f).
(L) A person performing security services at a facility
regulated by the United States Nuclear Regulatory Commission if
the facility is operated by the person's employer.
(m) An individual while on active duty as a member of the armed
services or while performing duties as a law enforcement officer.
(n) An employee of a financial institution who has been
designated as a security officer for the financial institution
pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et
seq.) and regulations adopted thereunder or pursuant to ORS
723.276 (5).
(2) The exemption provided by subsection (1)(k) of this section
applies only:
(a) If there is at least one person on-site who is certified or
licensed under ORS 181.878 for every 10 or fewer uncertified
persons performing the services described in subsection (1)(k) of
this section;
(b) If any enforcement action, as described in ORS 181.870
(8)(f), other than incidental or temporary action, is taken by or
under the supervision of a person certified or licensed under ORS
181.878; and
(c) During the time when a crowd has assembled for the purpose
of attending or taking part in an organized event, including
pre-event assembly, event operation hours and post-event
departure activities.
SECTION 53. ORS 190.410 is amended to read:
190.410. As used in ORS 190.410 to 190.440, 'public agency '
includes:
(1) Any county, city, special district or other public
corporation, commission, authority or entity organized and
existing under laws of this state, or any other state, or under
the city or county charter of any county or city of this or any
other state;
(2) Any agency of this state or any other state; { - and - }
(3) Oregon Health and Science University { - . - } { + ; and
(4) Portland State University. + }
SECTION 54. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Personal information held by or under the direction of
officials of { - the - } Oregon Health and Science University
or the Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation;
{ + (25) Writings prepared by or under the direction of
officials of Portland State University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person; + }
{ - (25) - } { + (26) + } The home address, professional
address and telephone number of a person who has or who is
interested in donating money or property to the Oregon University
System;
{ - (26) - } { + (27) + } Records of the name and address
of a person who files a report with or pays an assessment to a
commodity commission established under ORS 576.051 to 576.455,
the Oregon Beef Council created under ORS 577.210 or the Oregon
Wheat Commission created under ORS 578.030;
{ - (27) - } { + (28) + } Information provided to, obtained
by or used by a public body to authorize, originate, receive or
authenticate a transfer of funds, including but not limited to a
credit card number, payment card expiration date, password,
financial institution account number and financial institution
routing number;
{ - (28) - } { + (29) + } Social Security numbers as
provided in ORS 107.840;
{ - (29) - } { + (30) + } The electronic mail address of a
student who attends a state institution of higher education
listed in ORS 352.002 { + , + } { - or - } Oregon Health and
Science University { + or Portland State University + }; and
{ - (30) - } { + (31) + } The name, home address,
professional address or location of a person that is engaged in,
or that provides goods or services for, medical research at
Oregon Health and Science University that is conducted using
animals other than rodents. This subsection does not apply to
Oregon Health and Science University press releases, websites or
other publications circulated to the general public.
SECTION 55. ORS 192.501, as amended by section 3, chapter 455,
Oregon Laws 2005, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
{ + (24) Writings prepared by or under the direction of
officials of Portland State University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person; + }
{ - (24) - } { + (25) + } Personal information held by or
under the direction of officials of { - the - } Oregon Health
and Science University or the Oregon University System about a
person who has or who is interested in donating money or property
to the university, the system or a state institution of higher
education, if the information is related to the family of the
person, personal assets of the person or is incidental
information not related to the donation;
{ - (25) - } { + (26) + } The home address, professional
address and telephone number of a person who has or who is
interested in donating money or property to the Oregon University
System;
{ - (26) - } { + (27) + } Records of the name and address
of a person who files a report with or pays an assessment to a
commodity commission established under ORS 576.051 to 576.455,
the Oregon Beef Council created under ORS 577.210 or the Oregon
Wheat Commission created under ORS 578.030;
{ - (27) - } { + (28) + } Information provided to, obtained
by or used by a public body to authorize, originate, receive or
authenticate a transfer of funds, including but not limited to a
credit card number, payment card expiration date, password,
financial institution account number and financial institution
routing number;
{ - (28) - } { + (29) + } Social Security numbers as
provided in ORS 107.840; and
{ - (29) - } { + (30) + } The electronic mail address of a
student who attends a state institution of higher education
listed in ORS 352.002 { + , + } { - or - } Oregon Health and
Science University { + or Portland State University + }.
SECTION 56. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if public
disclosure would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in the particular instance. The party seeking
disclosure shall have the burden of showing that public
disclosure would not constitute an unreasonable invasion of
privacy.
(3) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(b) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
(c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of { - the - } Oregon Health and Science
University { + or Portland State University + } that is not
customarily provided to business competitors.
(21) Records of Oregon Health and Science University { + or
Portland State University + } regarding candidates for the
position of president of { - the - } { + either + }
university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district or the
names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(30) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 646.380 to 646.398, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or
the Insurance Code when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(31) A county elections security plan developed and filed under
ORS 254.074.
(32) Information about review or approval of programs relating
to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided.
(33) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
(34) If requested by a public safety officer as defined in ORS
181.610, the home address, home telephone number and electronic
mail address of the public safety officer. This exemption does
not apply to addresses and telephone numbers that are contained
in county real property or lien records.
SECTION 57. ORS 192.690 is amended to read:
192.690. (1) ORS 192.610 to 192.690 do not apply to { + :
(a) + } The deliberations of the State Board of Parole and
Post-Prison Supervision { - , - } { + ;
(b) + } The Psychiatric Security Review Board { - , - } { + ;
(c) + } State agencies conducting hearings on contested cases
in accordance with the provisions of ORS chapter 183 { - , - }
{ + ;
(d) + } The review by the Workers' Compensation Board or the
Employment Appeals Board of { - similar - } { + state
agency + } hearings { + conducted + } on contested cases
{ - , - } { + ;
(e) + } Meetings of the state lawyers assistance committee
operating under the provisions of ORS 9.568 { - , - }
{ + or + } meetings of the personal and practice management
assistance committees operating under the provisions of ORS 9.568
{ - , - } { + ;
(f) + } The county multidisciplinary child abuse teams required
to review child abuse cases in accordance with the provisions of
ORS 418.747 { - , - } { + ;
(g) + } The child fatality review teams required to review
child fatalities in accordance with the provisions of ORS
418.785, the peer review committees in accordance with the
provisions of ORS 441.055 { - , - } { + ;
(h) + } Mediation conducted under ORS 36.250 to 36.270
{ - , - } { + ;
(i) + } Any judicial proceeding { - , - } { + ;
(j) + } Meetings of the { - Oregon Health and Science
University - } { + Portland Metropolitan Universities + } Board
of Directors or its designated committee regarding candidates for
the position of president of { - the - } { + Oregon Health
and Science + } University { + or president of Portland State
University + } or regarding sensitive business, financial or
commercial matters of the { - university - }
{ + universities + } not customarily provided to competitors
related to financings, mergers, acquisitions or joint ventures or
related to the sale or other disposition of, or substantial
change in use of, significant real or personal property, or
related to health system strategies { - , or to - } { + ; or
(k) + } Oregon Health and Science University { + or Portland
State University + } faculty or staff committee meetings.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of
information considered during such review and approval, ORS
192.610 to 192.690 { - shall - } { + do + } not apply to
review and approval of security programs by the Energy Facility
Siting Council pursuant to ORS 469.530.
SECTION 58. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) 'Board' means the Public Employees Retirement Board.
(3) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(4) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(5) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(6) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(7) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(8) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(9) 'Firefighter' does not include a volunteer firefighter, but
does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(10) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(11) 'Fund' means the Public Employees Retirement Fund.
(12)(a) 'Member' means a person who has established membership
in the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(c) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095, and who is not retired for
service or disability.
(d) 'Retired member' means a member who is retired for service
or disability.
(13)(a) 'Member account' means the regular account and the
variable account.
(b) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(c) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(14) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(15) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(16) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(r) Employees at youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 who are required to hold valid Oregon teaching licenses
and who have supervisory, control or teaching responsibilities
over juveniles committed to the custody of the Department of
Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(17) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(18) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(19) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(20) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(21)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done; and
(D) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education { + , Portland
State University + } or { - the - } Oregon Health and Science
University when such services are in excess of full-time
employment subject to this chapter. A person employed under a
contract for less than 12 months is subject to this subparagraph
only for the months to which the contract pertains; or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(22) 'School year' means the period beginning July 1 and ending
June 30 next following.
(23) 'System' means the Public Employees Retirement System.
(24) 'Vested' means being an active member of the system in
each of five calendar years.
(25) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 59. ORS 238A.005 is amended to read:
238A.005. For the purposes of this chapter:
(1) 'Active member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan who is actively employed in a qualifying
position.
(2) 'Actuarial equivalent' means a payment or series of
payments having the same value as the payment or series of
payments replaced, computed on the basis of interest rate and
mortality assumptions adopted by the board.
(3) 'Board' means the Public Employees Retirement Board.
(4) 'Eligible employee' means a person who performs services
for a participating public employer, including elected officials
other than judges. 'Eligible employee' does not include:
(a) Persons engaged as independent contractors;
(b) Aliens working under a training or educational visa;
(c) Persons, other than workers in the Industries for the Blind
Program under ORS 346.190, provided sheltered employment or
make-work by a public employer;
(d) Persons categorized by a participating public employer as
student employees;
(e) Any person who is an inmate of a state institution;
(f) Employees of foreign trade offices of the Economic and
Community Development Department who live and perform services in
foreign countries under the provisions of ORS 285A.090 (13);
(g) An employee actively participating in an alternative
retirement program established under ORS 353.250 or an optional
retirement plan established under ORS 341.551;
(h) Employees of the Oregon University System who are actively
participating in an optional retirement plan offered under ORS
243.800;
(i) Any employee who belongs to a class of employees that was
not eligible on August 28, 2003, for membership in the system
under the provisions of ORS chapter 238 or other law;
(j) Any person who belongs to a class of employees who are not
eligible to become members of the Oregon Public Service
Retirement Plan under the provisions of ORS 238A.070 (2);
(k) Any person who is retired under ORS 238A.100 to 238A.245 or
ORS chapter 238 and who continues to receive retirement benefits
while employed; and
(L) Judges.
(5) 'Firefighter' means:
(a) A person employed by a local government, as defined in ORS
174.116, whose primary job duties include the fighting of fires;
(b) The State Fire Marshal, the chief deputy state fire marshal
and deputy state fire marshals; and
(c) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(6) 'Fund' means the Public Employees Retirement Fund.
(7)(a) 'Hour of service' means:
(A) An hour for which an eligible employee is directly or
indirectly paid or entitled to payment by a participating public
employer for performance of duties in a qualifying position; and
(B) An hour of vacation, holiday, illness, incapacity, jury
duty, military duty or authorized leave during which an employee
does not perform duties but for which the employee is directly or
indirectly paid or entitled to payment by a participating public
employer for services in a qualifying position, as long as the
hour is within the number of hours regularly scheduled for the
performance of duties during the period of vacation, holiday,
illness, incapacity, jury duty, military duty or authorized
leave.
(b) 'Hour of service' does not include any hour for which
payment is made or due under a plan maintained solely for the
purpose of complying with applicable workers' compensation laws
or unemployment compensation laws.
(8) 'Inactive member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan whose membership has not been terminated, who is
not a retired member and who is not employed in a qualifying
position.
(9) 'Individual account program' means the defined contribution
individual account program of the Oregon Public Service
Retirement Plan established under ORS 238A.025.
(10) 'Member' means an eligible employee who has established
membership in the pension program or the individual account
program of the Oregon Public Service Retirement Plan and whose
membership has not been terminated under ORS 238A.110 or
238A.310.
(11) 'Participating public employer' means a public employer as
defined in ORS 238.005 that provides retirement benefits for
employees of the public employer under the system.
(12) 'Pension program' means the defined benefit pension
program of the Oregon Public Service Retirement Plan established
under ORS 238A.025.
(13) 'Police officer' means a police officer as described in
ORS 238.005.
(14) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an eligible employee
performs 600 or more hours of service in a calendar year,
excluding any service in a job for which benefits are not
provided under the Oregon Public Service Retirement Plan pursuant
to ORS 238A.070 (2).
(15) 'Retired member' means a pension program member who is
receiving a pension as provided in ORS 238A.180 to 238A.195.
(16)(a) 'Salary' means the remuneration paid to an active
member in return for services to the participating public
employer, including remuneration in the form of living quarters,
board or other items of value, to the extent the remuneration is
includable in the employee's taxable income under Oregon law.
Salary includes the additional amounts specified in paragraph (b)
of this subsection, but does not include the amounts specified in
paragraph (c) of this subsection, regardless of whether those
amounts are includable in taxable income.
(b) 'Salary' includes the following amounts:
(A) Payments of employee and employer money into a deferred
compensation plan that are made at the election of the employee.
(B) Contributions to a tax-sheltered or deferred annuity that
are made at the election of the employee.
(C) Any amount that is contributed to a cafeteria plan or
qualified transportation fringe benefit plan by the employer at
the election of the employee and that is not includable in the
taxable income of the employee by reason of 26 U.S.C. 125 or
132(f)(4), as in effect on August 29, 2003.
(D) Any amount that is contributed to a cash or deferred
arrangement by the employer at the election of the employee and
that is not included in the taxable income of the employee by
reason of 26 U.S.C. 402(e)(3), as in effect on August 29, 2003.
(E) Retroactive payments made to an employee to correct a
clerical error, pursuant to an award by a court or by order of or
pursuant to a conciliation agreement with an administration
agency charged with enforcing federal or state law protecting the
employee's rights to employment or wages, which shall be
allocated to and deemed paid in the periods in which the work was
done or in which the work would have been done.
(F) The amount of an employee contribution to the individual
account program that is paid by the employer and deducted from
the compensation of the employee, as provided under ORS 238A.335
(1) and (2)(a).
(G) The amount of an employee contribution to the individual
account program that is not paid by the employer under ORS
238A.335.
(H) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' does not include the following amounts:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer.
(B) Payments made on account of an employee's death.
(C) Any lump sum payment for accumulated unused sick leave,
vacation leave or other paid leave.
(D) Any severance payment, accelerated payment of an employment
contract for a future period or advance against future wages.
(E) Any retirement incentive, retirement bonus or retirement
gratuitous payment.
(F) Payment for a leave of absence after the date the employer
and employee have agreed that no future services in a qualifying
position will be performed.
(G) Payments for instructional services rendered to
institutions of the Department of Higher Education { + , Portland
State University + } or { - the - } Oregon Health and Science
University when those services are in excess of full-time
employment subject to this chapter. A person employed under a
contract for less than 12 months is subject to this subparagraph
only for the months covered by the contract.
(H) The amount of an employee contribution to the individual
account program that is paid by the employer and is not deducted
from the compensation of the employee, as provided under ORS
238A.335 (1) and (2)(b).
(I) Any amount in excess of $200,000 for a calendar year. If
any period over which salary is determined is less than 12
months, the $200,000 limitation for that period shall be
multiplied by a fraction, the numerator of which is the number of
months in the determination period and the denominator of which
is 12. The board shall adopt rules adjusting this dollar limit to
incorporate cost-of-living adjustments authorized by the Internal
Revenue Service.
(17) 'System' means the Public Employees Retirement System.
SECTION 60. ORS 243.107 is amended to read:
243.107. A person employed by a state institution of higher
education { + , Portland State University + } or { - the - }
Oregon Health and Science University may be considered an
eligible employee for participation in one of the group benefit
plans described in ORS 243.135 if the State Board of Higher
Education, or the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
{ - for Oregon Health and Science University employees - } ,
determines that funds are available therefor and if:
(1) Notwithstanding ORS 243.105 (4)(b)(F), the person is a
student enrolled in { - an - } { + a state + } institution of
higher education { + , Oregon Health and Science University or
Portland State University + } and is employed as a graduate
teaching assistant, graduate research assistant or a fellow at
the institution { + or university + } and elects to participate;
or
(2) Notwithstanding ORS 243.105 (4)(b)(B) or (C), the person is
employed on a less than half-time basis in an unclassified
instructional or research support capacity and elects to
participate.
SECTION 61. ORS 243.810 is amended to read:
243.810. As used in ORS 243.810 to 243.830, unless the context
requires otherwise:
(1) 'Educational institution' means an educational institution
that normally maintains a regular faculty and curriculum and
normally has a regularly organized body of students in attendance
at the place where its educational activities are carried on or
an education service district.
(2) 'Employer' means the State Board of Higher Education, any
other state agency, a community college district, a school
district, { - the - } Oregon Health and Science
University { + , Portland State University + } or an education
service district employing an individual who performs services
for an educational institution.
SECTION 62. ORS 243.910 is amended to read:
243.910. As used in ORS 243.910 to 243.945:
(1) 'Board' means { + :
(a) + } The State Board of Higher Education for all
institutions under the jurisdiction of that board as set forth in
ORS 352.002 { - , and for the Oregon Health and Science
University means the Oregon Health and Science University - }
{ + ; and
(b) The Portland Metropolitan Universities + } Board of
Directors { + for Oregon Health and Science University and
Portland State University + }.
(2) 'Employees' means the persons appointed or employed by or
under the authority of the board who hold academic rank as
determined by the board.
(3) 'System' means the Public Employees Retirement System
established by ORS 238.600.
SECTION 63. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer and Business
Services.
(L) Director of the Department of State Lands.
(M) State Librarian.
(N) Administrator of Oregon Liquor Control Commission.
(O) Superintendent of State Police.
(P) Director of the Public Employees Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(U) Executive Director of Oregon Government Standards and
Practices Commission.
(V) Director of the State Department of Energy.
(W) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Standards and Practices Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 and 777.915 to 777.953.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for elective
public office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing deadline for the
statewide general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.745, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 64. ORS 276.227 is amended to read:
276.227. (1) The State of Oregon recognizes that providing and
operating state government facilities is a significant capital
investment in public infrastructure. Accordingly, it is the
policy of the State of Oregon to plan, finance, acquire,
construct, manage and maintain state government facilities in a
manner that maximizes and protects this investment.
(2) The Oregon Department of Administrative Services shall
establish a statewide planning process that evaluates the needs
of the state's facilities, provides comparative information on
the condition of the state's facilities, establishes guidelines
and standards for acquiring, managing and maintaining state
facilities and provides financing and budgeting strategies to
allocate resources to facilities' needs.
(3)(a) The Director of the Oregon Department of Administrative
Services shall establish a public review process for the proposed
capital projects of all state agencies. To assist in this review,
the director shall establish a Capital Projects Advisory Board
consisting of seven members. Five members shall be public members
knowledgeable about construction, facilities management and
maintenance issues. Two members may be state employees. The
director shall appoint the chairperson of the board.
(b) The director, in consultation with the board, may request
that agencies submit updated long-range facility plans and
funding strategies that reflect changes in technology and
priorities. The director may ask the board to report on and make
recommendations related to long-range plans, the condition of
facilities, maintenance schedules, funding strategies and options
for new facilities. The director may seek recommendations from
the board regarding the needs of existing facilities, funding
strategies and long-term facility goals.
(c) The review process may be applicable to capital projects
meeting the definition of major construction/acquisition in the
Governor's budget and to significant leases.
(d) For each state agency proposing a capital project, the
review process may include an examination of the following:
(A) The effectiveness of asset protection, including
maintenance, repair and other activities;
(B) The effectiveness of space utilization, including an
inventory of existing occupied and unoccupied building space;
(C) The advisability of lease, purchase or other funding
strategies;
(D) The condition of existing occupied and unoccupied building
space;
(E) Appropriate technology;
(F) The agency's mission and long-range facilities plans; and
(G) For new facilities, expansions and additions, the ability
of the agency to maintain and operate all of the agency's
facilities in a cost-effective manner.
(e) The review process shall ensure that capital project
decisions are approached in a cost-effective manner after
considering all reasonable alternatives.
(f) With assistance from the board, the department shall
provide recommendations and information to the Governor and the
Legislative Assembly on the construction, leasing and facilities
management issues of state government.
(4) The department shall establish and maintain a central
database of information on state-owned property of all state
agencies, including land, buildings, infrastructure, improvements
and leases. This database shall include an inventory of
state-owned facilities as well as descriptive and technical
information.
(5) State agencies shall establish and implement long-range
maintenance and management plans for facilities for which this
state is responsible to ensure that facilities are maintained in
good repair and that the useful lives of facilities are
maximized. For each new facility, a maintenance and management
plan appropriate to the use and useful life of the facility shall
be developed and implemented.
(6) The department may engage in cooperative projects with
local government.
(7) The provisions of this section { - shall - } { + do + }
not apply to institutions of higher education as described in ORS
352.002, { + Portland State University, + } { - the - }
Oregon Health and Science University or a community college as
defined in ORS 341.005.
SECTION 65. ORS 276.229 is amended to read:
276.229. (1) State agencies shall develop four-year major
construction budgets. Projects included in these budgets may be
accelerated or deferred upon approval of the Emergency Board.
(2) State agencies shall include the biennial costs associated
with maintenance, major repairs or building alterations in their
regular budget presentation to the Legislative Assembly.
Agencies shall include in their budget presentations short-term
and long-term plans to reduce or eliminate any existing backlog
of deferred maintenance.
(3) The provisions of this section { - shall - } { + do + }
not apply to an institution of higher education as described in
ORS 352.002, { + Portland State University, + } { - the - }
Oregon Health and Science University { - , - } or a community
college as defined in ORS 341.005.
SECTION 66. ORS 283.143 is amended to read:
283.143. (1) To encourage utilization of statewide integrated
videoconferencing and statewide online access services, the
Oregon Department of Administrative Services shall, in addition
to any other charge or assessment for providing
telecommunications services to state agencies, impose upon each
agency and public corporation a surcharge, in an amount
established by the department. All surcharge moneys collected
shall be deposited in the Oregon Department of Administrative
Services Operating Fund, and may be expended only for state
agency and public corporation telecommunication and
videoconferencing activities, under such terms and conditions as
the department may prescribe.
(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services { - shall - }
{ + may + } not impose the surcharge established by this section
on the Department of Higher Education { + , Portland State
University + } or { - the - } Oregon Health and Science
University. The Oregon Department of Administrative Services
shall enter into an agreement with the Department of Higher
Education { + , Portland State University + } and
{ - the - } Oregon Health and Science University on the
amounts to be paid by the Department of Higher Education { + ,
Portland State University + } and { - the - } Oregon Health
and Science University to the Oregon Department of Administrative
Services in lieu of the surcharge provided for in this section.
SECTION 67. ORS 284.701 is amended to read:
284.701. As used in ORS 284.701 to 284.740:
(1) 'Oregon emerging business' means an emerging growth
business as defined in ORS 348.701 that has:
(a) Fewer than 100 employees; and
(b) At least 51 percent of its employees employed in Oregon.
(2) 'Research institution' means:
(a) A community college as defined in ORS 341.005;
(b) A state institution of higher education listed in ORS
352.002;
(c) The Oregon Health and Science University public corporation
created under ORS 353.020;
(d) An Oregon-based, generally accredited, not-for-profit
private institution of higher education;
(e) A federal research laboratory conducting research in
Oregon; { - or - }
(f) A private not-for-profit research institution located in
Oregon { + ; or + }
{ + (g) The Portland State University public corporation
created under section 2 of this 2007 Act + }.
(3) 'Traded sector' has the meaning given that term in ORS
285A.010.
SECTION 68. ORS 287.025 is amended to read:
287.025. (1) As used in this section:
(a) 'Agreement for exchange of interest rates' or ' agreement'
means a contract, or an option or forward commitment to enter
into a contract, for the exchange of interest rates that provides
for:
(A) Payments based on levels of or changes in interest rates;
or
(B) Provisions to hedge payment, rate, spread or similar
exposure including, but not limited to, an interest rate floor or
cap or an option, put or call.
(b) 'Borrowing' means a bond, note, bond anticipation note,
commercial paper, certificate of participation or other agreement
made in exercise of the borrowing power of the issuer.
(c) 'Counterparty' means the entity with which an issuer enters
into an agreement for exchange of interest rates.
(d) 'Issuer' means a public body as defined in ORS
288.605 { + , + }
{ - or - } Oregon Health and Science University { + or
Portland State University + }.
(e) 'Related borrowing' means a borrowing for which the issuer,
or the State Treasurer on behalf of a state issuer, enters into
an agreement for exchange of interest rates.
(f) 'Termination payment' means the amount payable under an
agreement for exchange of interest rates by one party to another
party as a result of termination, in whole or in part, of the
agreement prior to the expiration of the stated term.
(2) If the issuer is a state issuer, including the State of
Oregon or an agency, department, board or commission of the State
of Oregon, the State Treasurer may exercise the authority granted
by this section on behalf of the state issuer or the state
issuer, with the approval of the State Treasurer, may exercise
that authority directly.
(3) Subject to subsection (2) of this section, an issuer, or
the State Treasurer on behalf of a state issuer, may enter into
an agreement for exchange of interest rates for one or more
related borrowings that:
(a) Exist when the agreement for exchange of interest rates is
executed;
(b) Are reasonably expected to be executed when regularly
scheduled payments are due from the issuer under the agreement;
or
(c) Are identified after the agreement for exchange of interest
rates is executed and substituted for a borrowing described in
paragraph (a) or (b) of this subsection as a result of
prepayment, refunding, conversion, ratings changes, redemption,
defeasance or other similar event related to one or more of the
borrowings described in paragraph (a) or (b) of this subsection.
An agreement may be made to manage payment, interest rate, spread
or similar exposure undertaken in connection with a related
borrowing upon a finding by the issuer, or the State Treasurer on
behalf of a state issuer, that the agreement benefits the issuer.
(4) The issuer, or the State Treasurer on behalf of a state
issuer, shall include in an agreement for exchange of interest
rates provisions related to payment, term, security,
collateralization, termination, default and remedy that the
issuer, or the State Treasurer on behalf of a state issuer,
determines necessary or appropriate upon consideration of the
covenants applicable to the related borrowing and the
creditworthiness of the parties.
(5) The issuer, or the State Treasurer on behalf of a state
issuer, may enter into an agreement for exchange of interest
rates only if:
(a) The credit ratings for obligations of the counterparty that
are similar to the termination payment obligations of the
counterparty, or the credit ratings for at least one of the
guarantors of the counterparty, are in one of the top three
rating categories without gradation by at least two nationally
recognized rating agencies and satisfy any other requirements
that may be imposed by the Oregon Municipal Debt Advisory
Commission or the State Treasurer, as applicable, pursuant to
subsection (13) of this section; or
(b) The termination payment obligations of the counterparty, or
at least one of the guarantors of the counterparty, with whom the
issuer, or the State Treasurer on behalf of a state issuer,
enters the agreement are collateralized by cash or obligations:
(A) That are rated in one of the top three rating categories
without gradation by at least two nationally recognized rating
agencies as determined by the Oregon Municipal Debt Advisory
Commission or the State Treasurer, as applicable, pursuant to
subsection (13) of this section;
(B) That are deposited with the issuer, or the State Treasurer
on behalf of a state issuer, or with an agent of the issuer;
(C) That have a market value sufficient to collateralize that
portion of the termination payment obligations of the party under
the agreement as determined at the discretion of the issuer, or
the State Treasurer on behalf of a state issuer; and
(D) That are revalued at least quarterly.
(6) An issuer, or the State Treasurer on behalf of a state
issuer, may agree, based on the issuer's reasonable expectations
when the agreement is executed:
(a) If the borrowing bears interest at one or more variable
rates, to pay sums equal to interest at one or more fixed rates
or one or more different variable rates determined under a
formula set forth in the agreement for exchange of interest rates
on an amount not to exceed the outstanding principal amount of
the borrowing when the agreement is entered into or, if the
borrowing has not been issued, the principal amount of the
borrowing reasonably anticipated to be outstanding when payments
are required to commence under the agreement in exchange for an
agreement for the issuer, or the State Treasurer on behalf of a
state issuer, to be paid sums calculated based on the same
principal amount at a variable rate determined under a formula
set forth in the agreement.
(b) If the borrowing bears interest at one or more fixed rates,
to pay sums calculated based on one or more variable rates or one
or more different fixed rates determined under a formula set
forth in the agreement for exchange of interest rates on an
amount not to exceed the outstanding principal amount of the
borrowing when the agreement is entered into or, if the borrowing
has not been issued, the principal amount of the borrowing
reasonably anticipated to be outstanding when payments are
required to commence under the agreement in exchange for an
agreement for the issuer, or the State Treasurer on behalf of a
state issuer, to be paid sums calculated based on the same
principal amount at a fixed rate or rates set forth in the
agreement.
(7) The issuer, or the State Treasurer on behalf of a state
issuer, may not enter into an agreement under this section that:
(a) Has a term that exceeds the original term of the related
borrowing for which the agreement for exchange of interest rates
is made or, in the case of an option or a forward commitment, has
a term that exceeds the reasonably expected term of the related
borrowing for which the agreement is made; or
(b) Is for a purpose other than to manage payment, interest
rate, spread or similar exposure in connection with the related
borrowing of the issuer.
(8) The limitation on interest on an obligation in ORS 286.036,
or any other similar limitation, does not apply to an amount paid
under an agreement for exchange of interest rates entered into
under this section.
(9) Upon entering into an agreement for exchange of interest
rates under this section and continuing until the agreement is
satisfied, terminated or otherwise no longer in effect, as long
as no payment default has occurred, the issuer, or the State
Treasurer on behalf of a state issuer, shall treat the amount or
rate of interest on the related borrowing as the amount or rate
of interest payable after giving effect to the agreement for the
purpose of calculating:
(a) Tax levies, if any, to pay bond debt service; or
(b) Other amounts that are based upon the rate of interest of
the borrowing.
(10) Subject to covenants applicable to a related borrowing and
the limitation described in subsection (12) of this section,
payments required under the agreement by the issuer, or the State
Treasurer on behalf of a state issuer, may:
(a) Be treated as interest payments on the related borrowing;
(b) Be made from revenues or other moneys committed to or
legally available to pay the related borrowing; and
(c) Rank in an order of priority of payment relative to the
payment of the related borrowing as the issuer, or the State
Treasurer on behalf of a state issuer, determines. In connection
with entering into an agreement, the issuer, or the State
Treasurer on behalf of a state issuer, may enter into an
agreement that enhances or supports the credit of the issuer in
the agreement or enhances or supports the liquidity of the
agreement.
(11) An agreement entered into under this section:
(a) Is not a debt or other obligation of the issuer for
purposes of any limitation upon the indebtedness of the issuer.
(b) Is subject only to the limitations of this section and is
not subject to other limitations applicable to the related
borrowing.
(12) A termination payment required to be paid by an issuer
under an agreement for exchange of interest rates may not be paid
from taxes that the issuer may levy that are exempt from the
limitations of sections 11 and 11b, Article XI of the Oregon
Constitution.
(13)(a) The Oregon Municipal Debt Advisory Commission shall
promulgate administrative rules establishing required terms,
conditions, annual or periodic reporting requirements and other
requirements for an agreement for exchange of interest rates
entered into by an issuer other than a state issuer and may
impose additional requirements for agreements for exchange of
interest rates that are executed by issuers other than a state
issuer, if the commission determines those requirements are
desirable to protect the interests of those issuers or citizens
of the State of Oregon.
(b) The State Treasurer may promulgate administrative rules:
(A) Establishing required terms, conditions, annual or periodic
reporting requirements and other requirements for an agreement
for exchange of interest rates entered into by a state issuer
acting with the approval of the State Treasurer under subsection
(2) of this section;
(B) Requiring a party to an agreement, the party's guarantor or
the collateral securing the obligation of a party or the party's
guarantor to meet specific credit rating standards or other
conditions; or
(C) If the State Treasurer determines that conditions and
restrictions are necessary or appropriate to protect the
interests of issuers, requiring the agreement to contain terms
and conditions that are more restrictive than the terms and
conditions established in subsection (5) of this section.
(14)(a) Before an agreement for exchange of interest rates may
be entered into under this section, the issuer, or the State
Treasurer on behalf of a state issuer, shall determine whether:
(A) The agreement for exchange of interest rates is being
executed for a permitted purpose and benefits the issuer; and
(B) The requirements of this section have been met.
(b) In addition to the determinations required under paragraph
(a) of this subsection, an issuer other than a state issuer shall
also determine whether the issuer has complied with the
requirements of the administrative rules promulgated by the
Oregon Municipal Debt Advisory Commission under subsection (13)
of this section.
(15) An issuer other than a state issuer shall notify the State
Treasurer of the execution by the issuer of an agreement for
exchange of interest rates under this section.
SECTION 69. ORS 307.095 is amended to read:
307.095. (1) Any portion of state property that is used during
the tax year for parking on a rental or fee basis to private
individuals is subject to ad valorem taxation.
(2) The real market value of such portion shall be computed by
determining that percentage which the total of receipts from
private use bears to the total of receipts from all use of the
property. The assessed value of such portion shall be computed as
provided in ORS 308.146. However, receipts from any use by a
state officer or employee in the performance of the official
duties of the state officer or employee shall not be considered
as receipts from private use in computing the portion subject to
ad valorem taxation.
(3) This section and ORS 276.592 do not apply to state property
that is used by the Oregon University System { + , Portland State
University + } or { - the - } Oregon Health and Science
University solely to provide parking for employees, students or
visitors.
SECTION 70. ORS 307.110 is amended to read:
307.110. (1) Except as provided in ORS 307.120, all real and
personal property of this state or any institution or department
thereof or of any county or city, town or other municipal
corporation or political subdivision of this state, held under a
lease or other interest or estate less than a fee simple, by any
person whose real property, if any, is taxable, except employees
of the state, municipality or political subdivision as an
incident to such employment, shall be subject to assessment and
taxation for the assessed or specially assessed value thereof
uniformly with real property of nonexempt ownerships.
(2) Each leased or rented premises not exempt under ORS 307.120
and subject to assessment and taxation under this section which
is located on property used as an airport and owned by and
serving a municipality or port shall be separately assessed and
taxed.
(3) Nothing contained in this section shall be construed as
subjecting to assessment and taxation any publicly owned property
described in subsection (1) of this section that is:
(a) Leased for student housing by a school or college to
students attending such a school or college.
(b) Leased to or rented by persons, other than sublessees or
subrenters, for agricultural or grazing purposes and for other
than a cash rental or a percentage of the crop.
(c) Utilized by persons under a land use permit issued by the
Department of Transportation for which the department's use
restrictions are such that only an administrative processing fee
is able to be charged.
(d) County fairgrounds and the buildings thereon, in a county
holding annual county fairs, managed by the county fair board
under ORS 565.230, if utilized, in addition to county fair use,
for any of the purposes described in ORS 565.230 (2), or for
horse stalls or storage for recreational vehicles or farm
machinery or equipment.
(e) The properties and grounds managed and operated by the
State Parks and Recreation Director under ORS 565.080, if
utilized, in addition to the purpose of holding the Oregon State
Fair, for horse stalls or for storage for recreational vehicles
or farm machinery or equipment.
(f) State property that is used by the Oregon University
System { + , Portland State University + } or { - the - }
Oregon Health and Science University to provide parking for
employees, students or visitors.
(g) Property of a housing authority created under ORS chapter
456 which is leased or rented to persons of lower income for
housing pursuant to the public and governmental purposes of the
housing authority. For purposes of this paragraph, 'persons of
lower income' has the meaning given the phrase under ORS 456.055.
(h) Property of a health district if:
(A) The property is leased or rented for the purpose of
providing facilities for health care practitioners practicing
within the county; and
(B) The county is a frontier rural practice county under rules
adopted by the Office of Rural Health.
(4) Property determined to be an eligible project for tax
exemption under ORS 285C.600 to 285C.626 and 307.123 that was
acquired with revenue bonds issued under ORS 285B.320 to 285B.371
and that is leased by this state, any institution or department
thereof or any county, city, town or other municipal corporation
or political subdivision of this state to an eligible applicant
shall be assessed and taxed in accordance with ORS 307.123. The
property's continued eligibility for taxation and assessment
under ORS 307.123 is not affected:
(a) If the eligible applicant retires the bonds prior to the
original dates of maturity; or
(b) If any applicable lease or financial agreement is
terminated prior to the original date of expiration.
(5) The provisions of law for liens and the payment and
collection of taxes levied against real property of nonexempt
ownerships shall apply to all real property subject to the
provisions of this section. Taxes remaining unpaid upon the
termination of a lease or other interest or estate less than a
fee simple, shall remain a lien against the real or personal
property.
(6) If the state enters into a lease of property with, or
grants an interest or other estate less than a fee simple in
property to, a person whose real property, if any, is taxable,
then within 30 days after the date of the lease, or within 30
days after the date the interest or estate less than a fee simple
is created, the state shall file a copy of the lease or other
instrument creating or evidencing the interest or estate with the
county assessor. This section applies notwithstanding that the
property may otherwise be entitled to an exemption under this
section, ORS 307.120 or as otherwise provided by law.
SECTION 71. ORS 329.855 is amended to read:
329.855. (1) The Department of Education, the Department of
Community Colleges and Workforce Development { + , Portland State
University + } and the Oregon University System in consultation
with the Education and Workforce Policy Advisor shall develop
comprehensive education and training programs in accordance with
ORS 329.475 for two-year to six-year academic professional
technical endorsements, associate degrees and baccalaureate
degrees.
(2) There may be established a process for industrial
certification and a sequence of advanced certification that could
be obtained throughout a person's career.
(3) Work groups, including teachers, community members and
representatives of business and labor, may be appointed to offer
specialized information concerning knowledge and skill
requirements for occupations.
(4) No fewer than six broad career categories shall be
identified, with additional categories added in future years. The
education and training curriculum and achievement standards for
each occupation and trade selected for students to achieve
endorsements, associate degrees or baccalaureate degrees in the
occupational categories selected shall be developed and available
for school districts, community colleges and other training
sites.
(5) In addition to academic content, the curriculum developed
for endorsements, associate degrees and baccalaureate degrees
shall ensure that every student has the option of a high quality
career related course of study that provides the student with
experience in and understanding of future career choices. Career
related studies shall include a structured series of real or
simulated activities that in combination with rigorous academic
studies shall simultaneously prepare students for further
education, lifelong learning and employment. These activities
shall include but not be limited to:
(a) Job shadowing;
(b) Workplace mentoring;
(c) Workplace simulations;
(d) School based enterprises;
(e) Structured work experiences;
(f) Cooperative work and study programs;
(g) On-the-job training;
(h) Apprenticeship programs; or
(i) Other school-to-work opportunities.
(6) In considering where a student can most effectively and
economically obtain the knowledge and skills required for the
endorsement or post-secondary study, the Education and Workforce
Policy Advisor may recommend integrating two-plus-two programs,
apprenticeship programs and any other state or federal job
training program.
(7) Until full statewide implementation, school districts are
encouraged to use Certificate of Advanced Mastery programs that
are currently being developed, but modified, if necessary, to
best fit their students' and community's needs.
SECTION 72. ORS 336.057 is amended to read:
336.057. In all public schools courses of instruction shall be
given in the Constitution of the United States and in the history
of the United States. These courses shall:
(1) Begin not later than the opening of the eighth grade and
shall continue in grades 9 through 12.
(2) Be required in { + Portland State University and + } all
state institutions of higher education, except { - the - }
Oregon Health and Science University, and in all state and local
institutions that provide education for patients or inmates to an
extent to be determined by the Superintendent of Public
Instruction.
SECTION 73. ORS 341.440 is amended to read:
341.440. (1) A community college district may contract with
another community college district, common or union high school
district, education service district, the Department of Higher
Education, { - the - } { + Portland State University, + }
Oregon Health and Science University, { - with - } a private
educational institution accredited by the Northwest Association
of Schools and Colleges or its successor or a career school as
defined in ORS 345.010 to obtain educational services for
students enrolled in the community college of the district.
However, the educational services so obtained must meet the
standards for educational services provided by the college and
the contract price to the college for such services must not
exceed the costs which would otherwise be incurred by the college
to provide its students the same or similar services.
(2) Educational services for which a district operating a
community college may contract include services offered by
correspondence and services offered electronically or through
telecommunications if such services are accredited by a
nationally recognized accrediting association.
(3) For purposes of ORS 341.626, costs incurred under
subsection (1) of this section shall be considered operating
expenses of the district if the contract is approved by the
Commissioner for Community College Services.
SECTION 74. ORS 343.961 is amended to read:
343.961. (1) The Department of Education shall be responsible
for payment of the cost of the education in programs with which
the Department of Human Services or Oregon Youth Authority
contracts for long-term care or treatment. Programs eligible for
such education shall be in accordance with criteria adopted by
rule by the State Board of Education.
(2) The Department of Education shall be responsible for
payment of the costs of such education by contract with the
school district, excluding transportation, care, treatment and
medical expenses. The resident district shall provide
transportation to pupils enrolled in programs under ORS 430.715
who live at home but require day treatment. The payments may be
made to the school district or, at the discretion of the school
district, to the district providing the education, as set forth
in subsection (3) of this section, from the funds appropriated
for the purpose.
(3) The school district in which the agency is located is
responsible for providing the education directly or through an
adjacent school district or through the education service
district in which the program is located or one contiguous
thereto. The instruction may be given in facilities of such
districts or in facilities provided by such agency.
(4) The school district may request the Department of Education
to combine several private agency school programs into one
contract with a school district, an adjacent school district or
an education service district.
(5) The Department of Human Services shall give the school
district providing the education at a treatment program 14 days'
notice before a student is dismissed from the treatment program.
(6) The Department of Education may make advances to such
school district from funds appropriated therefor based on the
estimated agreed cost of educating the pupils per school year.
Advances equal to 25 percent of such estimated cost may be made
on September 1, December 1 and March 1 of the current year. The
balance may be paid whenever the full determination of cost is
made.
(7) School districts which provide the education described in
this section on a year-round plan may apply for 25 percent of the
funds appropriated therefor on July 1, October 1, January 1, and
15 percent on April 1. The balance may be paid whenever the full
determination of cost is made.
(8) In addition to the payment methods described in this
section, the Department of Education may:
(a) Negotiate interagency agreements to pay for the cost of
education in treatment programs operated under the auspices of
the State Board of Higher Education; and
(b) Negotiate intergovernmental agreements to pay for the cost
of education in treatment programs operated under the auspices of
the { - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors.
SECTION 75. ORS 348.040 is amended to read:
348.040. As used in ORS 348.040 to 348.070, unless the context
requires otherwise:
(1) 'Commission' means the Oregon Student Assistance
Commission.
(2) 'Eligible student' means a person who is a resident of this
state, as determined by the Oregon Student Assistance Commission,
at the time of application for a loan under ORS 348.040 to
348.070:
(a) Who is enrolled in or has applied for enrollment in a
qualified school;
(b) Who has demonstrated a satisfactory level of achievement in
the high school or other school on the record of which the
application for enrollment is based or in which the applicant is
enrolled; and
(c) Who can show the necessity for financial assistance in
order to continue the applicant's education.
(3) 'Qualified school' means a school within this state
{ - which - } { + that + } is { - a - } :
(a) { + A + } four-year, nonprofit, generally accredited
institution of higher education;
(b) { + An + } accredited public or private community college
or education center, or one recognized by a state educational
agency;
(c) { + A + } career school that is approved by the
Superintendent of Public Instruction;
(d) { + A + } medical or dental program offered by
{ - the - } Oregon Health and Science University;
(e) { + A + } veterinary program offered by Oregon State
University;
{ - or - }
{ + (f) Portland State University; or + }
{ - (f) - } { + (g) An + } institution { - which - }
{ + that + } is, in the opinion of the commission, comparable to
such institutions, colleges, centers or schools.
(4) When the commission certifies that the course is not
available within this state, a qualified school may include an
institution, college, center or school not located in this state.
SECTION 76. ORS 348.180 is amended to read:
348.180. As used in this section and ORS 348.183, 348.186,
348.230, 348.250 and 348.260:
(1) 'Cost of education' includes but is not limited to,
tuition, fees and living expenses.
(2) 'Eligible post-secondary institution' means:
(a) A state institution under the direction of the State Board
of Higher Education;
(b) A community college operated under ORS chapter 341;
(c) { - The - } Oregon Health and Science University;
{ - or - }
{ + (d) Portland State University; or + }
{ - (d) - } { + (e) + } An Oregon-based, generally
accredited, not-for-profit institution of higher education.
(3) 'Financial need' means that the financial capacity of both
the student and the student's family to contribute to the cost of
the student's education is not adequate to meet the total cost of
education for any term, according to a system of need analysis
approved by the Oregon Student Assistance Commission.
(4) 'Qualified student' means any resident student who plans to
attend an eligible post-secondary institution and who:
(a) Has not achieved a baccalaureate or higher degree from any
post-secondary institution;
(b) Is enrolled in an eligible program as defined by rule of
the Oregon Student Assistance Commission; and
(c) Is making satisfactory academic progress as defined by rule
of the Oregon Student Assistance Commission.
SECTION 77. ORS 348.270 is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the Oregon Student Assistance Commission shall award
scholarships in any state institution under the State Board of
Higher Education, { + in Portland State University, + } in
{ - the - } Oregon Health and Science University, in any
community college operated under ORS chapter 341 { - , - } or
in any Oregon-based regionally accredited independent
institution, to any student applying for enrollment or who is
enrolled therein, who is:
(a) The natural, adopted or stepchild of any public safety
officer who, in line of duty, was killed or so disabled, as
determined by the Oregon Student Assistance Commission, that the
income of the disabled public safety officer is less than that
earned by public safety officers performing duties comparable to
those performed at the highest rank or grade attained by the
disabled parent; or
(b) A former foster child who enrolls in an institution of
higher education as an undergraduate student not later than three
years from the date the student was removed from the care of the
Department of Human Services, the date the student graduated from
high school or the date the student received the equivalent of a
high school diploma, whichever date is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are former foster
children shall equal the amount of tuition and all fees levied by
the institution against the recipient of the scholarship.
However, scholarships awarded to students who attend independent
institutions shall not exceed the amount of tuition and all fees
levied by the University of Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education and four years of post-graduate education.
(4) If the student who is the dependent of a disabled public
safety officer or who is a former foster child continues to
remain enrolled in a state institution of higher education or a
community college or an independent institution within the State
of Oregon, the student shall be entitled to renewal of the
scholarship until the student has received the equivalent of four
years of undergraduate education.
(5) The Oregon Student Assistance Commission may require proof
of the student's relationship to a deceased or disabled public
safety officer described in subsection (1) of this section or
proof that the student is a former foster child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
SECTION 78. ORS 348.597 is amended to read:
348.597. ORS 348.594 to 348.615 do not apply to:
(1) An Oregon community college;
(2) A state institution of higher education within the Oregon
University System;
(3) { - The - } Oregon Health and Science University;
(4) A school that, on the date preceding July 15, 2005, was a
school described in ORS 348.594 (2)(d); { - or - }
(5) A school that is exempt from ORS 348.594 to 348.615 under
ORS 348.604 { + ; or
(6) Portland State University + }.
SECTION 79. ORS 348.900 is amended to read:
348.900. (1) The Employment Department, in consultation with
health care industry employers, shall perform a statewide and
regional needs assessment for health care occupations to identify
emerging occupations and occupations for which there is high
demand or a shortage of workers. The assessment shall be
performed as necessary on a periodic basis, as determined by the
department, in consultation with industry employers. To perform
the needs assessment, the department may consider any reliable
data sources available to the department.
(2) Based on the needs assessment, the Joint Boards of
Education shall inform community colleges, state institutions of
higher education within the Oregon University System, Oregon
Health and Science University { + , Portland State University + }
and health care industry employers of the identified statewide
needs and invite the development of health care education
programs that are responsive to those needs.
(3) When approving health care education programs, the State
Board of Education, the State Board of Higher Education and the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors shall use the
statewide needs assessment to evaluate whether a program fulfills
statewide needs. If a board determines there is a statewide
need, the board shall facilitate the:
(a) Coordination of new health care education programs and
existing health care education programs that are similar to the
new health care education programs to address the statewide need;
and
(b) Alignment of health care education programs relating to
statewide access, student transferability between programs,
course articulation and common student learning outcomes for
health care education programs.
(4) In the development and approval of health care education
programs, community colleges, state institutions of higher
education, Oregon Health and Science University, { + Portland
State University, + } the State Board of Education, the State
Board of Higher Education and the { - Oregon Health and Science
University - } { + Portland Metropolitan Universities + } Board
of Directors shall consider issues related to statewide access,
student transferability between programs, course articulation and
common student learning outcomes for health care education
programs. The colleges, institutions, university and boards shall
continue to provide and improve upon an effective articulation
and transfer framework for students in Oregon's post-secondary
sectors.
SECTION 80. ORS 351.203 is amended to read:
351.203. (1) The State Board of Higher Education shall
cooperate with the Education and Workforce Policy Advisor in the
development of a state comprehensive education plan including
post-secondary education and in review of the board's programs
and budget. The board shall submit in timely fashion to the
advisor such data as is appropriate in a form prescribed by the
advisor.
(2) The board shall cooperate with the mediation process
administered by the Oregon Student Assistance Commission pursuant
to ORS 348.603 and, if a negotiated resolution cannot be reached
by mediation, comply with the decisions of the commission
regarding proposed new post-secondary programs and proposed new
post-secondary locations, including those proposed by Oregon
Health and Science University { + and Portland State
University + } in cooperation with the board under ORS 353.440.
SECTION 81. ORS 351.509 is amended to read:
351.509. (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 { + or the
Portland Metropolitan Universities Board of Directors + } 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 82. ORS 351.511 is amended to read:
351.511. (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 { + or the Portland Metropolitan Universities
Board of Directors + } for the purpose of the Portland State
University Northwest Engineering Science Center Phase I 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 that purpose. The account may
not be credited with more than $26,500,000 in interest, donations
and federal and local government funds for purposes of this
subsection.
SECTION 83. ORS 351.526 is amended to read:
351.526. (1) There is established in the General Fund an
account to be known as the Millar Library Research Center
Account. Funds in the account shall be used for the construction
of a library research 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 { + or the Portland Metropolitan Universities
Board of Directors + } for the purposes of the Millar Library
Research Center 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 that purpose. The account may
not be credited with more than $1,431,000 in interest, donations
and federal and local government funds for purposes of this
subsection.
SECTION 84. ORS 351.529 is amended to read:
351.529. (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 { + or the Portland Metropolitan Universities
Board of Directors + } for the purpose of the Portland State
University Native American Center 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 Higher Education for that purpose. The account may not
be credited with more than $1,200,000 in interest, donations and
federal and local government funds for purposes of this
subsection.
SECTION 85. ORS 351.647 is amended to read:
351.647. The Legislative Assembly finds that:
(1) It is in the interest of this state and its people that
Oregon residents have access to the post-secondary institutions
in the Northwest which best provide for the educational needs of
those students;
(2) The people of Oregon and their post-secondary institutions
benefit through the provision of access to Oregon colleges and
universities for students from the state of Washington and from
the enhanced economic and cultural well-being of the northwest
region;
(3) The state should reduce or eliminate the nonresident
tuition barriers which might exist between the states of Oregon
and Washington to restrict or inhibit enrollment of residents of
one of these states in a community college or public college or
university in the other state;
(4) The general policy statement on reduction of admission and
tuition barriers between the states of Oregon and Washington
{ - shall - } { + does + } not apply to students at
{ - the - } Oregon Health and Science University { + or
Portland State University + }, where enrollment priority shall
{ - continue to - } be given to qualified Oregon residents; and
(5) The State Board of Higher Education and the State Board of
Education shall develop plans to carry out the intent of this
policy within the appropriations available, and shall report to
the appropriate legislative review agency before implementing the
plan.
SECTION 86. ORS 351.663 is amended to read:
351.663. (1) The State Board of Higher Education { + and the
Portland Metropolitan Universities Board of Directors + } shall
{ + jointly + } establish an Engineering and Technology
Industry Council. A majority of the council members shall be
representatives of high technology companies in Oregon. The
council shall be consulted on the work plans and resource
allocations for engineering education.
(2) The council shall establish criteria and measurements that
will be used for determining investments made from the Oregon
Engineering Education Investment Fund.
(3) The criteria and measurements established by the council
shall include:
(a) Responding to the urgent engineering educational needs of
Oregon's fast growing high technology industry, especially in the
Portland metropolitan area.
(b) Increasing this state's faculty and program capacity to
meet the graduate level, professional education needs of
engineers working in Oregon's high technology industry through
investments in public and private institutions.
(c) Creating additional opportunities for Oregonians to pursue
education in electrical engineering, computer engineering and
other engineering disciplines critical to the advancement of
Oregon's high technology industry.
(d) Investing relatively scarce state financial resources to:
(A) Address the high technology industry's most demonstrated
and pressing needs;
(B) Produce the greatest amount of educational benefits with
the least short- and long-term costs to the public;
(C) Avoid duplicating existing public or private resources; and
(D) Leverage existing and future private resources for the
public benefit.
(e) Making all investments in public and private institutions
through performance-based contracts with measurable outcomes in
order to ensure strong linkage between the most urgent
engineering education needs and implemented solutions.
(f) Maximizing the leverage of state investment funds to build
faculty and program capacity and share existing and new faculty
and program resources.
(4) Priority shall be given to investments where private
financial resources from Oregon high technology companies or
individuals with significant interests in the growth of high
technology in Oregon are made available to augment public funds.
(5) The council shall submit biennial performance reviews of
all investments made to improve engineering education with public
funds in public and private institutions. The reviews shall be
submitted to the Chancellor of the Oregon University
System { + , + } { - and - } the State Board of Higher
Education { + , the president of Oregon Health and Science
University, the president of Portland State University and the
Portland Metropolitan Universities Board of Directors + }.
SECTION 87. ORS 351.666 is amended to read:
351.666. (1) There is established an Oregon Engineering
Education Investment Fund, separate and distinct from the General
Fund. Interest earned by the Oregon Engineering Education
Investment Fund shall be credited to the fund.
(2) The moneys in the fund are appropriated continuously to the
Department of Higher Education { + , Portland State University
and Oregon Health and Science University + } for the purpose of
investments in engineering education.
(3) There is established a goal of at least $100 million that
will be invested in engineering education through the fund prior
to July 1, 2007.
SECTION 88. ORS 351.668 is amended to read:
351.668. The State Board of Higher Education { + and the
Portland Metropolitan Universities Board of Directors + } shall
use the { - money - } { + moneys + } from the Oregon
Engineering Education Investment Fund solely for the purpose of
investing in engineering education. The
{ - board - } { + boards + } shall follow the criteria and
measurements established by the Engineering and Technology
Industry Council in allocating { - money - } { + moneys + }
for investments in engineering education.
SECTION 89. ORS 351.697 is amended to read:
351.697. (1) Each university in the Oregon University
System { + , + }
{ - and - } Oregon Health and Science University { + and
Portland State University + } may elect to establish a university
venture development fund for the purpose of facilitating the
commercialization of university research and development.
(2) The purposes of a university venture development fund are
to provide:
(a) Capital for university entrepreneurial programs;
(b) Opportunities for students to gain experience in applying
research to commercial activities;
(c) Proof-of-concept funding for transforming research and
development concepts into commercially viable products and
services;
(d) Entrepreneurial opportunities for persons interested in
transforming research into viable commercial ventures that create
jobs in this state; and
(e) Tax credits for contributors to university research
commercialization activities.
(3) Each university that elects to establish a university
venture development fund shall:
(a) Notify the Department of Revenue of the establishment of
the fund;
(b) Either directly or through a foundation supporting
university activities, solicit contributions to the fund from
contributors;
(c) Subject to ORS 315.521 (1), 351.692 (3) and 353.445 (3),
issue tax credit certificates to contributors to the fund in the
amount of the contributions;
(d) Establish a grant program that meets the requirements for a
venture grant program under policies adopted by the State Board
of Higher Education under ORS 351.692 or under policies adopted
by the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
under ORS 353.445; and
(e) Subject to available moneys from the fund, provide
qualified grant applicants with moneys to transform research and
development concepts undertaken by the university into
commercially viable products and services.
(4) A university that has established a university venture
development fund shall monitor the use of grants made from the
fund and identify sources of income received by the university as
the result of the use of grants to convert research and
development concepts into commercially viable products and
services. The university shall transfer 20 percent of the
received income to the General Fund, until the amount transferred
to the General Fund equals the amount of tax credits claimed due
to contributions to the fund.
SECTION 90. ORS 351.810 is amended to read:
351.810. The State Board of Higher Education, { - the - }
{ + Portland State University, + } Oregon Health and Science
University and the Oregon members of the Western Interstate
Commission for Higher Education are authorized to take any action
necessary to
{ - achieving the ends - } { + achieve the purposes + } of
the Western Regional Higher Education Compact.
SECTION 91. ORS 351.820 is amended to read:
351.820. (1) Prior to June 1 of each even-numbered
year { + , + } the Oregon members of the Western Interstate
Commission for Higher Education shall determine the quotas of
Oregon students for whom various kinds of educational service
should be purchased in out-of-state institutions during the next
biennium and shall recommend to the State Board of Higher
Education and the { - Oregon Health and Science University - }
{ + Portland Metropolitan Universities + } Board of Directors
the amount to be included in its biennial budget to cover the
cost of such educational service for students enrolled in their
respective institutions.
(2) The State Board of Higher Education and the { - Oregon
Health and Science University - } { + Portland Metropolitan
Universities + } Board of Directors shall negotiate contracts
with the Western Interstate Commission for Higher Education for
educational service of the kind and amount indicated by the
quotas determined under subsection (1) of this section. The
{ - board - } { + boards + } shall make payments required by
such contracts out of the money appropriated to { - it - }
{ + the boards + } for that purpose.
(3) The State Board of Higher Education may also contract with
higher education institutions, or others, which are not members
of the Western Interstate Commission for Higher Education, to
furnish educational services to students who are residents of the
State of Oregon in those areas of higher education where the
educational institutions of the State of Oregon are unable to
provide the desired professional educational opportunities.
SECTION 92. ORS 351.840 is amended to read:
351.840. (1) The State Board of Higher Education and the
{ - Oregon Health and Science University - } { + Portland
Metropolitan Universities + } Board of Directors may contract
with the Western Interstate Commission for Higher Education to
furnish educational service in their respective Oregon
institutions to out-of-state students.
(2) The State Board of Higher Education and the { - Oregon
Health and Science University - } { + Portland Metropolitan
Universities + } Board of Directors shall determine the number of
out-of-state students that should be accepted into their
respective institutions, and shall make final decisions on
admission of individual applicants.
(3) { + (a) + } Payments made by the commission under such
contracts shall be deposited in the State Treasury and credited
to the accounts of the State Board of Higher Education for
students enrolled in institutions under the jurisdiction of that
board in the same manner that fees and tuition payments for
resident students are deposited and credited. The estimated
amount of such payments shall be considered by the board in
making its biennial budgetary requests.
{ + (b) Payments made by the commission under such contracts
shall be deposited with Portland State University for students
who enroll in that university under the terms of such contracts.
(c) + } Payments made by the commission under such contracts
shall be deposited with { - the - } Oregon Health and Science
University for students who enroll in that university under the
terms of such contracts.
SECTION 93. ORS 352.002 is amended to read:
352.002. The Oregon University System consists of the programs,
activities and institutions of higher education under the
jurisdiction of the State Board of Higher Education including the
following:
(1) University of Oregon.
(2) Oregon State University.
{ - (3) Portland State University. - }
{ - (4) - } { + (3) + } Oregon Institute of Technology.
{ - (5) - } { + (4) + } Western Oregon University.
{ - (6) - } { + (5) + } Southern Oregon University.
{ - (7) - } { + (6) + } Eastern Oregon University.
SECTION 94. ORS 352.063 is amended to read:
352.063. { - The Department of Higher Education - }
{ + Portland State University + } may receive moneys from any
public or private source to support the Mark O. Hatfield School
of Government, the Center for Lakes and Reservoirs, the Graduate
School of Social Work or the Institute of Portland Metropolitan
Studies created under ORS 352.066, 352.068, 352.071 and 352.074.
Gifts and grants received to support the Mark O. Hatfield School
of Government, the Center for Lakes and Reservoirs, the Graduate
School of Social Work or the Institute of Portland Metropolitan
Studies shall be credited to the appropriate fund at Portland
State University { - by the Department of Higher Education - }
.
SECTION 95. ORS 352.066 is amended to read:
352.066. (1) Pursuant to ORS 351.870, there is created within
{ - the Department of Higher Education - } { + Portland State
University + } the Mark O. Hatfield School of Government.
{ - The Mark O. Hatfield School of Government shall be
administered by Portland State University. - } The president of
Portland State University shall appoint the director of the Mark
O. Hatfield School of Government.
(2) The purposes of the Mark O. Hatfield School of Government
are:
(a) To prepare students for careers in political service,
public administration and the administration of justice;
(b) To perform the duties required of the school under ORS
21.480, 36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice Research and Policy
Institute in carrying out the duties under subsection (3) of this
section.
(3) There is created within the Mark O. Hatfield School of
Government the Criminal Justice Research and Policy Institute.
The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and
delinquency by:
(a) Providing the Legislative Assembly with objective,
nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with
state or federal law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not limited to programs
dealing with public safety professionalism, ethics in leadership
and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and
delinquent behavior or to improve professionalism in public
safety careers;
(c) Managing reviews and evaluations relating to major
long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in
leadership and early childhood development programs;
(d) Initiating, sponsoring, conducting and publishing research
on criminal and juvenile justice, public safety professionalism,
ethics in leadership and early childhood development that is peer
reviewed and directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers, public agencies and leading academicians;
and
(f) Seeking to strengthen the links among the Legislative
Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and
Training and the academic community in the interest of more
informed policymaking, the application of best practices and more
relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee
with responsibility over criminal or juvenile justice systems or
childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in evaluating
criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime
and improving professionalism in public safety careers.
(5) Agencies, departments and officers of state and local
governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish
information, data and advice as requested by the institute.
SECTION 96. ORS 352.068 is amended to read:
352.068. (1) Pursuant to ORS 351.870, there is created within
{ - the Department of Higher Education - } { + Portland State
University + } the Center for Lakes and Reservoirs. { - The
Center for Lakes and Reservoirs shall be administered by Portland
State University. - }
(2) The purpose of the Center for Lakes and Reservoirs is to
assist state and federal agencies in researching and mitigating
nonindigenous, invasive aquatic species in this state and to work
with communities in developing effective management of lakes and
reservoirs.
SECTION 97. ORS 352.071 is amended to read:
352.071. (1) Pursuant to ORS 351.870, there is created within
{ - the Department of Higher Education - } { + Portland State
University + } the Graduate School of Social Work. { - The
Graduate School of Social Work shall be administered by Portland
State University. - }
(2) The purpose of the Graduate School of Social Work is to
provide a center for specialized education and research in the
social services for the betterment of communities in the Portland
metropolitan area, the state and the Pacific Northwest.
SECTION 98. ORS 352.074 is amended to read:
352.074. (1) Pursuant to ORS 351.870, there is created within
{ - the Department of Higher Education - } { + Portland State
University + } the Institute of Portland Metropolitan Studies.
{ - The Institute of Portland Metropolitan Studies shall be
administered by Portland State University. - }
(2) The purpose of the Institute of Portland Metropolitan
Studies is to build partnerships between Portland State
University's urban studies programs and the surrounding
communities of metropolitan Portland and to sponsor public
service research.
SECTION 99. ORS 461.213 is amended to read:
461.213. (1) The Oregon State Lottery Commission shall
establish an electronic lottery game or games that are based upon
the results of sporting events, the net proceeds from which shall
be transferred to the Administrative Services Economic
Development Fund for allocation as provided in ORS 461.543
{ - (4) and - } (5) { + and (6) + }. For the purposes of this
section, games that are based on the results of greyhound or
horse races shall not be considered to be games which are based
upon the results of sporting events.
(2) The Oregon State Lottery Commission shall separately record
and account for the costs and net proceeds of electronic games
operated under this section and ORS 461.543 { - (4) and - }
(5) { + and (6) + }. At such time as the commission makes the
quarterly transfer of net proceeds provided for by ORS 461.540,
it shall certify to the Oregon Department of Administrative
Services the amount of such transfer which represents the net
proceeds of games provided for in subsection (1) of this section.
SECTION 100. ORS 461.535 is amended to read:
461.535. The Intercollegiate Athletic Fund is created separate
and distinct from the General Fund. The fund shall consist of
revenues credited to the Sports Lottery Account under ORS 461.213
and 461.543 { - (4) and - } (5) { + and (6) + } and any other
revenues available to the fund.
SECTION 101. ORS 461.535, as amended by section 1, chapter 810,
Oregon Laws 2005, is amended to read:
461.535. The Intercollegiate Athletic Fund is created separate
and distinct from the General Fund. The fund shall consist of
revenues credited to the Sports Lottery Account under ORS 461.543
{ - (4) - } { + (5) and (6) + } and any other revenues
available to the fund.
SECTION 102. ORS 461.543 is amended to read:
461.543. { + (1) As used in this section, 'revenue producing
sport' means a sport that produces net revenue over expenditures
during a calendar year or, if its season extends into two
calendar years, produces net revenue over expenditures during the
season. + }
{ - (1) - } { + (2) + } Except as otherwise specified in
subsection { - (5) - } { + (6) + } of this section, the Sports
Lottery Account is continuously appropriated to and shall be used
by the State Board of Higher Education { + and the Portland
Metropolitan Universities Board of Directors + } to fund sports
programs at state institutions of higher education { + within
the Oregon University System and at Portland State
University + }. Seventy percent of the revenues { - in the
fund - } { + received by each board + } shall be used to fund
nonrevenue producing sports and 30 percent shall be used for
revenue producing sports. Of the total amount
{ - available - } in the fund { + available to each board + },
at least 50 percent shall be made available for women's
athletics.
{ - (2) - } { + (3) + } The State Board of Higher Education
shall
{ - allocate - } { + receive 82 percent of the + } moneys in
the Sports Lottery Account { + allocated under subsection (6)(a)
and (b) of this section and shall allocate these moneys + } among
the institutions of higher education under its jurisdiction
giving due consideration to:
(a) The athletic conference to which the institution belongs
and the relative costs of competing in that conference.
(b) The level of effort being made by the institution to
generate funds and support from private sources.
{ - (3) As used in subsections (1) to (3) of this section, '
revenue producing sport' is a sport that produces net revenue
over expenditures during a calendar year or if its season extends
into two calendar years, produces net revenue over expenditures
during the season. - }
{ + (4) The Portland Metropolitan Universities Board of
Directors shall receive 18 percent of the moneys in the Sports
Lottery Account allocated under subsection (6)(a) and (b) of this
section. + }
{ - (4) - } { + (5) + } An amount equal to the net proceeds
of games provided for in ORS 461.213 (1) shall be allocated from
the Administrative Services Economic Development Fund to the
Sports Lottery Account.
{ - (5) - } { + (6) + } The amounts received by the Sports
Lottery Account shall be allocated as follows:
(a) Eighty-eight percent for { - the purposes specified in
subsections (1) to (3) of this section - } { + sports + }, but
not to exceed $8 million annually, adjusted annually pursuant to
the Consumer Price Index, as defined in ORS 327.006.
(b) Twelve percent for the purpose of scholarships, to be
distributed equally between scholarships based on academic merit
and scholarships based on need, as determined by rule of the
State Board of Higher Education { + for state institutions of
higher education within the Oregon University System and by rule
of the Portland Metropolitan Universities Board of Directors for
Portland State University + }, but not to exceed $1,090,909
annually.
(c) All additional { - money - } { + moneys + } to the
Oregon Student Assistance Commission for the Oregon Opportunity
Grant program under ORS 348.260.
SECTION 103. ORS 461.543, as amended by section 2, chapter 810,
Oregon Laws 2005, is amended to read:
461.543. { + (1) As used in this section, 'revenue producing
sport' means a sport that produces net revenue over expenditures
during a calendar year or, if its season extends into two
calendar years, produces net revenue over expenditures during the
season. + }
{ - (1) - } { + (2) + } Except as otherwise specified in
subsection { - (5) - } { + (6) + } of this section, the Sports
Lottery Account is continuously appropriated to and shall be used
by the State Board of Higher Education { + and the Portland
Metropolitan Universities Board of Directors + } to fund sports
programs at state institutions of higher education { + within
the Oregon University System and at Portland State
University + }. Seventy percent of the revenues { - in the
fund - } { + received by each board + } shall be used to fund
nonrevenue producing sports and 30 percent shall be used for
revenue producing sports. Of the total amount
{ - available - } in the fund { + available to each board + },
at least 50 percent shall be made available for women's
athletics.
{ - (2) - } { + (3) + } The State Board of Higher Education
shall
{ - allocate - } { + receive 82 percent of the + } moneys in
the Sports Lottery Account { + allocated under subsection (6)(a)
and (b) of this section and shall allocate these moneys + } among
the institutions of higher education under its jurisdiction
giving due consideration to:
(a) The athletic conference to which the institution belongs
and the relative costs of competing in that conference.
(b) The level of effort being made by the institution to
generate funds and support from private sources.
{ - (3) As used in subsections (1) to (3) of this section, '
revenue producing sport' is a sport that produces net revenue
over expenditures during a calendar year or if its season extends
into two calendar years, produces net revenue over expenditures
during the season. - }
{ + (4) The Portland Metropolitan Universities Board of
Directors shall receive 18 percent of the moneys in the Sports
Lottery Account allocated under subsection (6)(a) and (b) of this
section. + }
{ - (4) - } { + (5) + } An amount equal to one percent of
the moneys transferred to the Administrative Services Economic
Development Fund from the State Lottery Fund shall be allocated
from the Administrative Services Economic Development Fund to the
Sports Lottery Account.
{ - (5) - } { + (6) + } The amounts received by the Sports
Lottery Account shall be allocated as follows:
(a) Eighty-eight percent for { - the purposes specified in
subsections (1) to (3) of this section - } { + sports + }, but
not to exceed $8 million annually, adjusted annually pursuant to
the Consumer Price Index, as defined in ORS 327.006.
(b) Twelve percent for the purpose of scholarships, to be
distributed equally between scholarships based on academic merit
and scholarships based on need, as determined by rule of the
State Board of Higher Education { + for state institutions of
higher education within the Oregon University System and by rule
of the Portland Metropolitan Universities Board of Directors for
Portland State University + }, but not to exceed $1,090,909
annually.
(c) All additional { - money - } { + moneys + } to the
Oregon Student Assistance Commission for the Oregon Opportunity
Grant program under ORS 348.260.
SECTION 104. Section 1, chapter 797, Oregon Laws 2001, as
amended by section 1, chapter 248, Oregon Laws 2005, is amended
to read:
{ + Sec. 1. + } (1) { + (a) + } Subject to the provision of
funding by the State Department of Geology and Mineral Industries
from gifts, grants and donations made available for carrying out
this section, the State Board of Higher Education shall provide
for seismic safety surveys of buildings that have a capacity of
250 or more persons and are routinely used for student activities
by public institutions or departments under the control of the
board.
{ + (b) For purposes of this subsection, Portland State
University is under the control of the State Board of Higher
Education.
(c) + } For purposes of this section, { - the - } Oregon
Health and Science University is not under the control of the
{ + State + } Board { + of Higher Education + }.
(2) Subject to the provision of funding by the department from
gifts, grants and donations made available for carrying out this
section, the State Board of Education shall provide for seismic
safety surveys of buildings that have a capacity of 250 or more
persons and are routinely used for student activities by
kindergarten through grade 12 public schools, community colleges
and education service districts.
(3) The boards shall ensure that the seismic safety surveys
under subsection (1) or (2) of this section are conducted in
accordance with the Federal Emergency Management Agency
publication, 'Rapid Visual Screening of Buildings for Potential
Seismic Hazards: A Handbook,' FEMA-154, 2002 Edition, or with a
later edition of that handbook allowed for seismic safety survey
use under a rule adopted by the department.
(4) A seismic safety survey under subsection (1) or (2) of this
section is not required for any building that has previously
undergone a seismic safety survey or that has been constructed to
the state building code standards in effect for the seismic zone
classification at the site on July 19, 2001.
(5) The boards may, by rule, establish standards to identify
which buildings are routinely used for student activities. The
standards must provide for the inclusion of buildings not used as
classrooms, including but not limited to libraries, auditoriums
and dining facilities. The boards shall adopt rules for
determining building capacity.
(6) To the extent practicable, the boards shall ensure that the
seismic safety surveys required under subsections (1) and (2) of
this section are completed by January 1, 2007.
SECTION 105. ORS 660.315 is amended to read:
660.315. (1) The Governor shall designate regional workforce
committees to advise the Governor, local workforce investment
boards that represent federally recognized workforce areas
containing multiple regions, and county elected officials on
regional and local needs for workforce development. The
committees shall also prepare plans for achieving regional goals
and coordinate the provision of services within regions. The
committees shall have private and public sector members. However,
a majority of the members of each committee shall represent the
private sector and include business and labor representatives.
The chairperson of each committee shall be a private sector
member and be elected by the committee.
(2) The private sector committee members shall play a critical
role in workforce development, including but not limited to:
(a) Identifying current and future workforce needs;
(b) Providing feedback on public sector programs;
(c) Assisting public agencies in changing programs to be more
effective in meeting private sector needs; and
(d) Being a partner in addressing workforce needs.
(3) Private sector members of a committee created under this
section shall be appointed by county commissioners and, in the
region that includes the City of Portland, the Mayor of Portland.
The members of the committee shall reflect the broadest feasible
representation from the groups described in ORS 660.312 (4)(a) to
(h).
(4) The public sector representatives on the committee are
representatives who receive resources and deliver education and
workforce programs within the labor market area. Public sector
members shall include the broadest feasible representation from,
but not be limited to, the following:
(a) The Department of Human Services;
(b) School districts, education service districts, community
colleges, state institutions of higher education { + , Portland
State University + } and Oregon Health and Science University;
(c) The Economic and Community Development Department and local
economic development entities;
(d) The Employment Department;
(e) The federal Act programs; and
(f) Other public sector partners.
(5) A region may recommend to the Governor an alternate
structure for its regional committee, based on regional
determination and mutually agreed to by the current public and
private sector members of the regional workforce committee and
the chief elected officials. The alternate structure must retain
a private sector chairperson, appointments of the private sector
members as provided in subsection (3) of this section, and
substantive public and private sector and other stakeholder
participation through formalized methods, such as standing
committees.
(6) A regional workforce committee shall develop and implement
a strategic regional workforce plan that responds to the current
and future workforce needs of the regional labor market.
(7) The strategic regional workforce plan shall:
(a) Consider the supply and demand outlook for the region;
(b) Identify and prioritize initiatives and resources, both
public and private, to meet the regional workforce needs;
(c) Articulate and include the coordination of both public and
private resources in addressing the workforce needs and goals;
and
(d) Ensure the most appropriate use of resource investments.
(8) The regional workforce committee shall create or enhance
the workforce program delivery system to meet the strategic
priorities of the region and any strategic priorities of a
federally recognized workforce area that includes that region.
(9) Within each region, or within overlapping regions, regional
workforce committees, local workforce investment boards and
regional investment boards shall coordinate their planning
efforts to ensure that the strategic efforts and resource
allocation of economic and workforce development of an area are
consistent. Regional workforce committees and regional investment
boards will extend opportunities to other entities engaged in
economic and workforce development programs and services to
participate in their joint or integrated strategic planning.
(10)(a) A local workforce investment board that represents a
multiregional workforce area shall hold regional workforce
committees in the area accountable for any policy and operational
responsibilities under 2832(d) of the federal Act that is
delegated to the committees in accordance with state policy and
local workforce investment board policy.
(b) A regional workforce committee within a multiregional
workforce area is accountable to the local workforce investment
board for any policy and operational responsibilities carried out
under the federal Act on behalf of the board.
(c) As it relates to regional responsibilities under this
section, a regional workforce committee may, through a vote of
the committee, determine the methodology for delegating the
responsibilities of the regional workforce committee to a local
workforce investment board representing the multiregional
workforce area.
SECTION 106. ORS 238A.140 is amended to read:
238A.140. (1) A pension program member shall accrue no
retirement credit for any calendar year in which the member has
fewer than 600 hours of service. A member may not accrue more
than one full year of retirement credit in any calendar year.
(2) When an eligible employee becomes a member under ORS
238A.100, the board shall credit the eligible employee with
retirement credit for the period of employment required of the
employee under ORS 238A.100.
(3) Except as provided in this section, a pension program
member shall accrue one full year of retirement credit for each
calendar year in which the member has 2,000 hours of service or
more.
(4) Except as provided in this section, a pension program
member shall accrue a prorated year of retirement credit for each
calendar year in which the member has 600 hours of service or
more but fewer than 2,000 hours of service. The prorated
retirement credit shall be calculated by dividing the number of
hours of service by 2,000.
(5) If an active member of the pension program works as a
school employee for one or more participating public employers
during a calendar year, and the number of hours of service
required for a full-time school employee employed by the
participating public employer or employers is less than 2,000,
the member accrues retirement credit for the calendar year as
follows:
(a) The member accrues one full year of retirement credit for
the calendar year if the member's hours of service as a school
employee are equal to or greater than the number of hours of
service required of a full-time school employee employed in the
same position or a comparable position by the participating
public employer or employers during the calendar year.
(b) The member accrues a prorated year of retirement credit for
each calendar year in which the member has at least 600 hours of
service but less than the number of hours of service required of
a full-time school employee employed in the same position or a
comparable position by the participating public employer or
employers during the calendar year. The prorated retirement
credit shall be calculated by dividing the number of the member's
hours of service as a school employee by the number of hours of
service required of a full-time school employee in the same
position or a comparable position.
(c) The Public Employees Retirement Board shall adopt rules
governing the accrual of retirement credit on a prorated basis by
an active member who works in both a school employee position and
another qualifying position during the same calendar year, or who
works as a school employee for more than one participating public
employer during the same calendar year.
(6) An active member of the pension program who works as an
academic employee of a community college during a calendar year:
(a) Accrues one full year of retirement credit for the calendar
year if the member is employed 1.0 full-time equivalent on a
nine-month or 12-month basis.
(b) Accrues a prorated year of retirement credit for each
calendar year in which the member performs the services of less
than 1.0 full-time equivalent. The member is entitled to prorated
retirement credit under this paragraph in an amount determined by
dividing by 1,200 the number of hours calculated to be the
equivalent of the percentage in excess of 0.375 full-time
equivalent for a member employed on a 12-month basis, or in
excess of 0.50 full-time equivalent for a member employed on a
nine-month basis.
(7) For purposes of this section, 'school employee' means:
(a) A person who is employed by a common school district, a
union high school district or an education service district;
(b) An employee of the State Board of Higher
Education { + , + } { - or the - } Oregon Health and Science
University { + or Portland State University + } who is engaged
in teaching or other school activity at an institution of higher
education;
(c) An employee of the Department of Human Services, the Oregon
Youth Authority, the Department of Corrections or the State Board
of Education who is engaged in teaching or other school activity
at an institution supervised by the authority, board or
department; and
(d) An employee of a community college district other than an
academic employee.
SECTION 107. { + The duties, functions and powers of the State
Board of Higher Education relating to Portland State University
are imposed upon, transferred to and vested in the Portland
Metropolitan Universities Board of Directors. + }
SECTION 108. { + (1) The Chancellor of the Oregon University
System shall:
(a) Deliver to the Portland Metropolitan Universities Board of
Directors all records and property within the jurisdiction of the
chancellor that relate to the duties, functions and powers
transferred by section 107 of this 2007 Act; and
(b) Transfer to the Portland Metropolitan Universities Board of
Directors those employees engaged primarily in the exercise of
the duties, functions and powers transferred by section 107 of
this 2007 Act.
(2) The president of Portland State University shall take
possession of the records and property, and shall take charge of
the employees and employ them in the exercise of the duties,
functions and powers transferred by section 107 of this 2007 Act,
without reduction of compensation but subject to change or
termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Board of Higher Education and the Portland Metropolitan
Universities Board of Directors relating to transfers of records,
property and employees under this section, and the Governor's
decision is final. + }
SECTION 109. { + The transfer of duties, functions and powers
to the Portland Metropolitan Universities Board of Directors by
section 107 of this 2007 Act does not affect any action,
proceeding or prosecution involving or with respect to such
duties, functions and powers begun before and pending at the time
of the transfer, except that the Portland Metropolitan
Universities Board of Directors is substituted for the State
Board of Higher Education in the action, proceeding or
prosecution. + }
SECTION 110. { + (1) Nothing in this 2007 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 107 of this 2007 Act. The Portland Metropolitan
Universities Board of Directors may undertake the collection or
enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the State Board of Higher
Education legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 107 of this 2007 Act accruing under or with
respect to the duties, functions and powers transferred by
section 107 of this 2007 Act are transferred to the Portland
Metropolitan Universities Board of Directors. For the purpose of
succession to these rights and obligations, the Portland
Metropolitan Universities Board of Directors is a continuation of
the State Board of Higher Education and not a new authority. + }
SECTION 111. { + Notwithstanding the transfer of duties,
functions and powers by section 107 of this 2007 Act, the rules
of the State Board of Higher Education with respect to such
duties, functions or powers that are in effect on the operative
date of section 107 of this 2007 Act continue in effect until
superseded or repealed by rules of the Portland Metropolitan
Universities Board of Directors. References in such rules of the
State Board of Higher Education to Portland State University or
an officer or employee of Portland State University are
considered to be references to Portland State University as
established in section 2 of this 2007 Act or an officer or
employee of Portland State University as established in section 2
of this 2007 Act. + }
SECTION 112. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 107 of
this 2007 Act, reference is made to the State Board of Higher
Education, or an officer or employee of the State Board of Higher
Education, whose duties, functions or powers are transferred by
section 107 of this 2007 Act, the reference is considered to be a
reference to the Portland Metropolitan Universities Board of
Directors or an officer or employee of the Portland Metropolitan
Universities Board of Directors who by this 2007 Act is charged
with carrying out such duties, functions and powers. + }
SECTION 113. { + (1) Whenever, in any uncodified law or
resolution of the Legislative Assembly or in any rule, document,
record or proceeding authorized by the Legislative Assembly,
reference is made to the Oregon Health and Science University
Board of Directors, or an officer or employee of the Oregon
Health and Science University Board of Directors, the reference
is considered to be a reference to the Portland Metropolitan
Universities Board of Directors or an officer or employee of the
Portland Metropolitan Universities Board of Directors.
(2) References in the rules of the Oregon Health and Science
University Board of Directors to the Oregon Health and Science
University Board of Directors or an officer or employee of the
Oregon Health and Science University Board of Directors are
considered to be references to the Portland Metropolitan
Universities Board of Directors or an officer or employee of the
Portland Metropolitan Universities Board of Directors. + }
SECTION 114. { + The transfer of duties, functions, powers,
records, property and employees by sections 107 and 108 of this
2007 Act does not become operative until the president of
Portland State University has been appointed by the Portland
Metropolitan Universities Board of Directors. Until then, the
State Board of Higher Education shall continue to perform the
duties and functions, exercise the powers and have charge of the
records, property, employees and moneys. + }
SECTION 115. { + Except as otherwise specifically provided in
section 114 of this 2007 Act, sections 2, 4, 8, 9, 16, 23, 38 and
107 to 114 of this 2007 Act and the amendments to statutes and
uncodified laws by sections 5 to 7, 10 to 14, 17 to 21, 24 to 36
and 39 to 106 of this 2007 Act become operative on July 1,
2009. + }
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