75th OREGON LEGISLATIVE ASSEMBLY--2009 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 341
 
                         House Bill 2209
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon University System)
 
 
                             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.
 
  Changes terminology for certain fees charged by institutions of
higher education.
 
                        A BILL FOR AN ACT
Relating to fees charged by institutions of higher education;
  amending ORS 351.070, 351.072 and 351.590.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 351.070 is amended to read:
  351.070. (1) The Oregon University System, in accordance with
rules adopted by the State Board of Higher Education, shall
implement a personnel system and may engage in collective
bargaining with its employees. All collective bargaining with any
certified or recognized exclusive employee representative shall
be under the direction and supervision of the Chancellor of the
Oregon University System. The Oregon University System shall have
payroll authority pursuant to ORS 292.043 to 292.180.
  (2)(a) The board shall establish competitive procedures for the
purchasing, procurement and contracting of goods, services and
information technology, for the benefit of the Oregon University
System and all the institutions, departments and activities
therein. The board may also establish exemptions from the
competitive procedures when appropriate.
  (b) The board shall ensure that the hourly rate of wage paid by
any contractor upon all public improvements contracts undertaken
for the board shall not be less than the same rate of wage as
determined by the Bureau of Labor and Industries for an hour's
work in the same trade or occupation in the locality where such
labor is performed. Claims or disputes arising under this
subsection shall be decided by the Commissioner of the Bureau of
Labor and Industries.
  (c) The board shall adopt policies and procedures that achieve
results equal to or better than the standards existing on July
17, 1995, regarding affirmative action, pay equity for comparable
work, recycling, the provision of workers' compensation insurance
to workers on contract and the participation of emerging small
businesses and businesses owned by minorities and women.
  (3) The board may, for each institution under its control:
 
 
  (a) Appoint and employ a president and the requisite number of
professors, teachers and employees, and prescribe their
compensation and tenure of office or employment.
  (b) Demand and receive the interest mentioned in ORS 352.510
and all sums due and accruing to the institutions of higher
education for admission and tuition therein, and apply the same,
or so much thereof as is necessary, to the payment of the
compensation referred to in paragraph (a) of this subsection and
the other current expenses of the institutions.
  (c) Prescribe fees for enrollment into the institutions. Such
enrollment fees shall include tuition for education and general
services and such other charges found by the board to be
necessary to carry out its educational programs. The board may
award student aid from any fund other than the General Fund.
  (d) Prescribe   { - incidental - }  { +  activity + } fees for
programs under the supervision or control of the board found by
the board, upon its own motion or upon recommendation of the
recognized student government of the institution concerned, to be
advantageous to the cultural or physical development of students.
Fees realized in excess of amounts allocated and exceeding
required reserves shall be considered surplus
 { - incidental - }   { + activity + } 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 by the institution president upon the recommendation of
the recognized student government at the institution concerned.
  (e) Upon recommendation of the recognized student government,
collect optional fees authorized by the institution executive,
for student activities not included in paragraph (c) or (d) of
this subsection. The payment of such optional fees shall be at
the option and selection of the student and shall not be a
prerequisite of enrollment.
  (f) Confer, on the recommendation of the faculty of any such
institution, such degrees as usually are conferred by such
institutions, or as they deem appropriate.
  (g) Prescribe the qualifications for admission into such
institutions.
  (4) Subject to such delegation as the board may decide to make
to the institutions, divisions and departments under its control,
the board, for each institution, division and department under
its control:
  (a) Shall supervise the general course of instruction therein,
and the research, extension, educational and other activities
thereof.
  (b) Shall adopt rules and bylaws for the government thereof,
including the faculty, teachers, students and employees therein.
  (c) Shall maintain cultural and physical development services
and facilities therefor and, in connection therewith, may
cooperate and enter into agreements with any person or
governmental agency.
  (d) May contract to provide health services at student health
centers.
  (e) Shall provide health services at student health centers to
students.
  (f) May provide health services at student health centers to
any of the following:
  (A) Dependents of students.
  (B) Staff.
  (C) Faculty.
  (g) Shall prescribe and collect charges.
  (h) Shall adopt rules relating to the creation, use, custody
and disclosure, including access, of student education records of
the institutions that are consistent with the requirements of
applicable state and federal law. Whenever a student has attained
18 years of age or is attending an institution of post-secondary
education, the permission or consent required of and the rights
accorded to a parent of the student regarding education records
shall thereafter be required of and accorded to only the student.
  (5) For each institution under its jurisdiction, the board
shall provide opportunities for part-time students to obtain
complete undergraduate degrees at unconventional times, which
include but are not limited to early morning and noon hours,
evenings and weekends. In administering these degree programs,
the institution may use any educational facility available for
the use of the institution.
  SECTION 2. ORS 351.072 is amended to read:
  351.072. (1) Notwithstanding ORS chapter 183, the following
actions may be taken by the State Board of Higher Education or
the educational institutions under its control without compliance
with the rulemaking provisions of ORS chapter 183:
  (a) Adoption of standards, regulations, policies or practices
relating primarily to admissions, academic advancement, classroom
grading policy, the granting of academic credits, granting of
degrees, scholarships and similar academic matters.
  (b) Adoption of fees or fee schedules relating to charges for
symposiums, conferences, short courses, food, books or other
retail goods, prices of admission to athletic, entertainment or
cultural events or advertising rates in student or institutional
publications. However, student loan service charges, charges
levied as penalties for prohibited conduct, general tuition,
building fees,   { - incidental - }   { + activity + } fees,
health service fees and residence hall and housing charges shall
be adopted in accordance with the provisions of ORS chapter 183.
  (2) Any standards, regulations, policies, practices or fees
adopted under this section by the State Board of Higher Education
or by any of the educational institutions under its control shall
be reduced to writing and made available to interested persons
upon request.
  SECTION 3. ORS 351.590 is amended to read:
  351.590. (1) The State Board of Higher Education shall maintain
with the State Treasurer a fund, separate and distinct from the
General Fund, known as the Higher Education Student Activities
Fund in which shall be deposited all revenue from
  { - incidental - }   { + activity + } fees, optional fees,
health services fees and all operating revenue from
intercollegiate athletics, student unions and educational
activities.
  (2) The moneys in the Higher Education Student Activities Fund
are continuously appropriated to the Department of Higher
Education. Disbursements from the fund, including any interest
credited thereto, may be made for necessary expenses for
supplies, services and equipment associated with student
activities including but not limited to recruiting, training and
grant-in-aid to intercollegiate athletes.
  (3) The fund may be invested by the State Treasurer, and the
earnings from such investments shall be credited to the fund. The
State Board of Higher Education shall distribute annually the
total interest earnings proportionately to each institution based
on each institution's average cash balance in the fund.
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