Chapter 637
Oregon Laws 2011
AN ACT
SB 242
Relating to
education; creating new provisions; amending ORS 30.264, 131.594, 182.122,
182.415, 183.635, 184.475, 184.477, 190.610, 192.501, 205.450, 205.455,
238.005, 238.148, 238.300, 238.350, 238.580, 238.608, 238A.005, 238A.140,
243.105, 243.107, 243.778, 243.910, 243.956, 244.050, 270.100, 273.155,
273.785, 276.227, 276.229, 276.612, 279A.025, 283.305, 283.310, 284.633,
284.701, 285B.168, 285B.174, 286A.615, 286A.700, 291.038, 291.055, 292.043,
292.044, 310.155, 315.237, 326.075, 326.543, 326.587, 329.757, 329.765,
329.775, 329.780, 329.822, 329.840, 332.114, 332.155, 336.057, 337.500,
337.511, 338.115, 339.885, 340.005, 340.085, 341.009, 341.527, 341.531,
342.144, 342.147, 342.360, 342.390, 342.443, 344.259, 344.557, 345.015,
345.017, 348.005, 348.040, 348.050, 348.070, 348.095, 348.115, 348.117,
348.180, 348.183, 348.186, 348.205, 348.210, 348.230, 348.250, 348.260,
348.265, 348.270, 348.280, 348.282, 348.283, 348.290, 348.310, 348.320,
348.330, 348.340, 348.350, 348.360, 348.370, 348.390, 348.394, 348.427,
348.429, 348.436, 348.444, 348.448, 348.500, 348.505, 348.510, 348.520,
348.530, 348.540, 348.550, 348.560, 348.563, 348.570, 348.580, 348.590,
348.592, 348.597, 348.601, 348.603, 348.604, 348.605, 348.606, 348.607,
348.608, 348.609, 348.611, 348.612, 348.615, 348.616, 348.618, 348.621,
348.625, 348.630, 348.635, 348.640, 348.655, 348.660, 348.665, 348.670,
348.675, 348.685, 348.690, 348.696, 348.890, 348.900, 348.910, 351.001,
351.010, 351.020, 351.050, 351.060, 351.062, 351.065, 351.067, 351.070,
351.072, 351.075, 351.077, 351.085, 351.086, 351.088, 351.094, 351.097,
351.110, 351.117, 351.130, 351.140, 351.150, 351.155, 351.203, 351.205,
351.210, 351.230, 351.240, 351.300, 351.310, 351.317, 351.320, 351.340,
351.450, 351.460, 351.506, 351.590, 351.628, 351.638, 351.642, 351.643,
351.644, 351.646, 351.647, 351.649, 351.653, 351.656, 351.658, 351.700,
351.704, 351.840, 351.870, 351.885, 352.002, 352.004, 352.008, 352.010,
352.015, 352.017, 352.021, 352.223, 352.360, 352.370, 352.375, 352.380,
352.385, 352.390, 352.510, 352.669, 352.720, 352.730, 352.740, 352.750,
353.080, 353.200, 353.260, 353.440, 353.600, 353.603, 357.004, 399.245,
399.255, 399.265, 399.275, 408.095, 411.894, 418.658, 431.690, 433.090, 442.535,
442.540, 442.545, 461.543, 541.375, 634.660, 657.665, 659.855, 660.312,
660.315, 660.358, 678.425, 679.020, 680.515, 684.040, 685.060, 696.182, 743.550
and 759.445 and section 9, chapter 802, Oregon Laws 2007; repealing ORS
348.599, 351.005, 351.007, 351.090, 351.200 and 351.315; appropriating money;
and declaring an emergency.
Whereas the Legislative Assembly
declares its intent to promote a system of higher education in which:
(1) Institutions of higher education
have the flexibility to make effective and efficient use of human, physical and
financial resources;
(2) Education beyond high school is
accessible, regardless of each student’s geographic or socioeconomic position;
(3) High-quality research and
scholarship by faculty and students is coordinated;
(4) Funding and metrics of
accountability are aligned and measured against statewide goals and benchmarks;
and
(5) Citizens of all ages, backgrounds
and income levels are enabled to participate in the search for knowledge and
individual development.
Be It Enacted by the People of the State of Oregon:
HIGHER
EDUCATION
COORDINATING
COMMISSION
SECTION 1. (1) There is
established a Higher Education Coordinating Commission, consisting of 15
members appointed by the Governor.
(2) The Governor shall appoint:
(a) One student at a public university
listed in ORS 352.002;
(b) One student at a community college
in this state;
(c) At least one member from each
congressional district in this state;
(d) At least four members who
represent employers in Oregon, at least two of whom represent small employers
and at least two of whom represent large employers; and
(e) At least one member who serves on
a district school board as defined in ORS 332.002.
(3) The Governor shall solicit
recommendations from the Speaker of the House of Representatives for at least
three members and from the President of the Senate for at least three members.
(4) The Governor may appoint members
who satisfy more than one of the qualifications for membership listed in
subsection (2) of this section.
(5) The term of office of each member
is four years, except that the term of office for the two student members is
two years. A member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(6) The appointment of the commission
is subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(7) A member of the commission is
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 2. Notwithstanding the term
of office specified by section 1 of this 2011 Act, of the members first
appointed to the Higher Education Coordinating Commission:
(1) Five, including the two student
members, shall serve for a term ending June 30, 2014.
(2) Five shall serve for a term ending
June 30, 2015.
(3) Five shall serve for a term ending
June 30, 2016.
SECTION 3. (1) The members of the
Higher Education Coordinating Commission must be residents of this state who
are well informed on the principles of higher education.
(2) A member of the State Board of
Higher Education, Oregon Health and Science University Board of Directors or
the governing board of a community college district may not serve as a member
of the Higher Education Coordinating Commission.
SECTION 4. (1) The Higher
Education Coordinating Commission shall select one of its members as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as the
commission determines.
(2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least
once every three months at a place, day and hour determined by the chairperson.
The commission may also meet at other times and places specified by the call of
the chairperson or of a majority of the members of the commission.
SECTION 5. (1) The Higher
Education Coordinating Commission shall appoint an executive officer to serve
at the pleasure of the commission.
(2) The appointment of the executive
officer must be by written order, filed with the Secretary of State.
(3) Subject to any applicable
provisions of ORS chapter 240, the executive officer shall appoint all
subordinate officers and employees of the commission, prescribe their duties
and fix their compensation.
SECTION 6. In accordance with
applicable provisions of ORS chapter 183, the Higher Education Coordinating
Commission may adopt rules necessary for the administration of the laws that
the commission is charged with administering.
SECTION 7. (1) The Higher
Education Coordinating Commission may establish such advisory and technical
committees as it considers necessary to aid and advise the commission in the
performance of its functions. These committees may be continuing or temporary
committees. The commission shall determine the representation, membership,
terms and organization of the committees and shall appoint their members.
(2) Members of the committees are not
entitled to compensation, but at the discretion of the commission may be
reimbursed from funds available to the commission for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties in the manner and amount provided in ORS 292.495.
SECTION 8. The Higher Education
Coordinating Commission shall:
(1) Develop state goals and associated
accountability measures for the state post-secondary education system,
including community colleges and public universities listed in ORS 352.002, and
for the Oregon Student Access Commission.
(2) Develop a strategic plan for
achieving state higher education goals, identifying priority areas for
attention and taking into consideration the contributions of this state’s
independent institutions and other organizations dedicated to helping
Oregonians reach state goals. Goals should include, but need not be limited to:
(a) Increasing the educational
attainment of the population;
(b) Increasing this state’s global
economic competitiveness and the quality of life of its citizens;
(c) Ensuring affordable access for
qualified Oregon students at each college or public university; and
(d) Ensuring that public higher
education in this state is provided in a cost-effective manner.
(3) Evaluate and recommend changes to
statutory goals and missions described for community colleges in ORS 341.009
and for public universities in ORS 351.003 and 351.009 after receiving
recommendations from the appropriate governing board. The appropriate governing
board shall have decision-making authority over program offerings to implement
established goals and missions.
(4) Develop a finance model for higher
education aligned with the goals in the system strategic plan, including:
(a) Recommended biennial
appropriations to institutions, including a component specifically tied to
institutional contributions to state educational priorities;
(b) Recommended limits regarding the
setting of tuition rates at public universities listed in ORS 352.002 in
accordance with criteria set by the State Board of Higher Education, with the
goal of encouraging tuition affordability for students;
(c) Tuition rates set by each
community college governing board for community colleges in this state;
(d) Recommended biennial
appropriations for student financial aid; and
(e) Recommended biennial
appropriations for any future statewide higher education initiatives.
(5) Each biennium, recommend to the
Governor and the Legislative Assembly a consolidated higher education budget
request consistent with the finance model, including appropriations for:
(a) Ongoing operations of the Oregon
Student Access Commission;
(b) Ongoing operations for the Oregon
University System;
(c) Ongoing operations for community
colleges;
(d) Needed new facilities or programs;
and
(e) Capital improvements.
(6) Design and maintain a statewide
educational data system, in collaboration with the State Board of Education.
(7) Coordinate with the Oregon Student
Access Commission to maximize the effectiveness of student financial assistance
programs, including the Oregon Opportunity Grant program under ORS 348.260.
(8) Approve and authorize degrees for
the Oregon University System.
(9) Authorize degrees to be offered in
this state in accordance with ORS 348.594 to 348.615, and adopt any rules to
implement that authority.
SECTION 8a. The Higher Education
Coordinating Commission may delegate any of the actions listed in section 8 of
this 2011 Act to its executive director.
ABOLITION OF
OFFICE OF
DEGREE AUTHORIZATION
SECTION 9. (1) The Office of
Degree Authorization within the Oregon Student Assistance Commission is
abolished.
(2) All the duties, functions and
powers of the Office of Degree Authorization are imposed upon, transferred to
and vested in the Higher Education Coordinating Commission.
SECTION 10. (1) The Office of
Degree Authorization shall:
(a) Deliver to the Higher Education
Coordinating Commission all records and property within the jurisdiction of the
Office of Degree Authorization that relate to the duties, functions and powers
transferred by section 9 of this 2011 Act; and
(b) Transfer to the Higher Education
Coordinating Commission those employees engaged primarily in the exercise of
the duties, functions and powers transferred by section 9 of this 2011 Act.
(2) The executive officer of the
Higher Education Coordinating Commission 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 9 of this
2011 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 Office of Degree Authorization and the Higher Education
Coordinating Commission relating to transfers of records, property and
employees under this section, and the Governor’s decision is final.
SECTION 11. (1) The unexpended
balances of amounts authorized to be expended by the Office of Degree
Authorization for the biennium beginning July 1, 2011, from revenues dedicated,
continuously appropriated, appropriated or otherwise made available for the
purpose of administering and enforcing the duties, functions and powers
transferred by section 9 of this 2011 Act are transferred to and are available
for expenditure by the Higher Education Coordinating Commission for the
biennium beginning July 1, 2011, for the purpose of administering and enforcing
the duties, functions and powers transferred by section 9 of this 2011 Act.
(2) The expenditure classifications,
if any, established by Acts authorizing or limiting expenditures by the Office
of Degree Authorization remain applicable to expenditures by the Higher
Education Coordinating Commission under this section.
SECTION 12. The transfer of
duties, functions and powers to the Higher Education Coordinating Commission by
section 9 of this 2011 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 Higher
Education Coordinating Commission is substituted for the Office of Degree
Authorization in the action, proceeding or prosecution.
SECTION 13. (1) Nothing in
sections 9 to 16 of this 2011 Act or the repeal of ORS 348.599 by section 291a
of this 2011 Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers transferred by
section 9 of this 2011 Act. The Higher Education Coordinating Commission may
undertake the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the
Office of Degree Authorization, or the Oregon Student Assistance Commission on
behalf of the Office of Degree Authorization, legally incurred under contracts,
leases and business transactions executed, entered into or begun before the
operative date specified in section 292 of this 2011 Act are transferred to the
Higher Education Coordinating Commission. For the purpose of succession to
these rights and obligations, the Higher Education Coordinating Commission is a
continuation of the Office of Degree Authorization and not a new authority.
SECTION 14. Notwithstanding the
transfer of duties, functions and powers by section 9 of this 2011 Act, the
rules of the Office of Degree Authorization in effect on the operative date
specified in section 292 of this 2011 Act continue in effect until superseded
or repealed by rules of the Higher Education Coordinating Commission. References
in rules of the Office of Degree Authorization, or an officer or employee of
that office, are considered to be references to the Higher Education
Coordinating Commission or an officer or employee of the Higher Education
Coordinating Commission.
SECTION 15. 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 Office of Degree Authorization or an officer or
employee of that office, the reference is considered to be a reference to the
Higher Education Coordinating Commission or an officer or employee of the
Higher Education Coordinating Commission.
SECTION 16. (1) For the purpose of
harmonizing and clarifying statutory law, the Legislative Counsel may
substitute for words designating the “Office of Degree Authorization” or its
officers or employees, wherever they occur in statutory law, words designating
the “Higher Education Coordinating Commission” or its officers or employees.
(2)(a) The amendments to ORS 348.601
by section 179 of this 2011 Act are intended to change the name of the Office
of Degree Authorization Account to the Degree Authorization Account.
(b) For the purpose of harmonizing and
clarifying statutory law, the Legislative Counsel may substitute for words
designating the “Office of Degree Authorization Account,” wherever they occur
in statutory law, words designating the “Degree Authorization Account.”
OREGON
UNIVERSITY SYSTEM
SECTION 17. The Legislative
Assembly finds that public higher education is necessary to accomplish the
findings in ORS 351.001 and recognizes the following as fundamental goals of
public higher education in this state:
(1) Creating an educated citizenry to
support responsible roles in a democratic society and provide a globally
competitive workforce to drive this state’s economy, while ensuring access for
all qualified Oregonians to a high-quality post-secondary education;
(2) Ensuring a high-quality learning
environment that allows students to succeed;
(3) Creating original knowledge and
advancing innovation; and
(4) Contributing positively to the
economic, civic and cultural life of communities in all regions of Oregon.
SECTION 18. Sections 19 to 21b and
23 of this 2011 Act are added to and made a part of ORS 351.010 to 351.070.
SECTION 19. The Oregon University
System is established as a public university system, consisting of the office
of the Chancellor of the Oregon University System, the public universities
listed in ORS 352.002 and any related offices, departments or activities. The
State Board of Higher Education, on behalf of the Oregon University System,
shall exercise and carry out all of the powers, rights and duties that are
expressly conferred upon the board or that are implied by law or incident to
such powers, rights and duties. The Oregon University System is an
instrumentality of the state and a government entity performing governmental
functions and exercising governmental powers. Notwithstanding the status of the
Oregon University System as an instrumentality of the state, the Oregon
University System is not eligible to request or receive legal services from the
Attorney General and the Department of Justice pursuant to ORS chapter 180,
except as otherwise expressly provided by law. The Oregon University System is
not considered a unit of local or municipal government.
SECTION 20. (1) The State Board of
Higher Education shall set enrollment fees for each public university listed in
ORS 352.002. Enrollment fees include tuition for education and services and any
other charges found by the State Board of Higher Education to be necessary to
carry out the educational program of the Oregon University System.
(2) The State Board of Higher
Education shall, by rule, establish a process under which each public
university may develop and submit proposed enrollment fees for board
consideration. The process must provide for participation of enrolled students
and the recognized student government of the public university.
(3) Each public university listed in
ORS 352.002 is authorized to offer fee remissions to its students, including
remissions offered on the basis of need, from any authorized source of revenue.
Moneys appropriated from the General Fund may not be used to fund fee
remissions to students of the public university.
SECTION 20a. The Higher Education
Coordinating Commission may set limits on the enrollment fees established by
the State Board of Higher Education under section 20 (1) of this 2011 Act.
SECTION 21. (1) For the purposes
of this section, “performance compact” means an agreement between the State
Board of Higher Education and the State of Oregon to achieve certain
performance targets in order to enhance the success of Oregon University System
students in exchange for consideration of the appropriations sought in a
funding request submitted by the State Board of Higher Education to the Oregon
Department of Administrative Services.
(2)(a) On or before May 1 of each
even-numbered year, the State Board of Higher Education shall submit a draft
funding request to the Higher Education Coordinating Commission for the Oregon
University System, applicable to the biennium beginning on July 1 of the
following year. The draft funding request must include a performance compact.
(b) If the Higher Education
Coordinating Commission approves the draft funding request and performance
compact, or approves the draft funding request and performance compact with
modifications, the commission shall take such action prior to August 15 of the
same even-numbered year.
(c) If the Higher Education
Coordinating Commission rejects the draft funding request and performance
compact, the commission shall take such action prior to June 15 of the same
even-numbered year. In returning the rejected draft funding request and
performance compact to the State Board of Higher Education, the commission
shall give specific direction to the board regarding the changes necessary to
earn commission approval.
(3) On or before September 1 of each
even-numbered year, the State Board of Higher Education shall submit the
funding request and performance compact to the Oregon Department of
Administrative Services for the Oregon University System.
(4) The Governor’s biennial budget
submitted to the Legislative Assembly may include the State Board of Higher
Education’s funding request submitted to the Oregon Department of
Administrative Services for the Oregon University System. Any funding request
approved by the Legislative Assembly must specify that the moneys be
appropriated to the Oregon Department of Administrative Services for allocation
to the Oregon University System.
(5) The funding request must include,
in addition to the performance compact, a report on performance from the
previous biennium’s performance compact.
(6) The State Board of Higher
Education shall, by rule, establish a framework for the development of a
performance compact that must accompany the funding request to the Oregon
Department of Administrative Services. The framework must address, among other
issues, the issue of tuition affordability for students.
SECTION 21a. The State Board of
Higher Education is authorized to:
(1) Request, as part of the funding
request under section 21 of this 2011 Act, appropriations for budgetary items,
including but not limited to education and general operations, statewide public
services, state funded debt service, capital improvements and other special
initiatives and investments; and
(2) Allocate moneys, from funds
appropriated to the board and other available moneys, among the office of the
Chancellor of the Oregon University System, public universities listed in ORS
352.002 and offices, departments and activities under the control of the board.
SECTION 21b. The State Board of
Higher Education is not required to seek expenditure limitation approval from
the Legislative Assembly to spend any available moneys, including but not
limited to moneys from enrollment fees collected pursuant to section 20 of this
2011 Act.
SECTION 22. Sections 21 and 21a of
this 2011 Act apply to biennia beginning on or after July 1, 2015.
SECTION 22a. (1) On or before
September 1, 2012, the State Board of Higher Education shall submit a funding
request and performance compact for the biennium beginning July 1, 2013, to the
Oregon Department of Administrative Services for the Oregon University System.
(2) The Governor’s biennial budget
submitted to the Legislative Assembly for the biennium beginning July 1, 2013,
may include the State Board of Higher Education’s funding request submitted to
the Oregon Department of Administrative Services for the Oregon University
System. Any funding request approved by the Legislative Assembly must specify
that the moneys be appropriated to the Oregon Department of Administrative Services
for allocation to the Oregon University System.
(3) The State Board of Higher
Education shall, by rule, establish a framework for the development of the
performance compact that must accompany the funding request to the Oregon
Department of Administrative Services for the biennium beginning July 1, 2013.
The framework must address, among other issues, the issue of tuition
affordability for students.
(4) The State Board of Higher
Education is authorized to:
(a) Request, as part of the funding
request under subsection (1) of this section, appropriations for budgetary
items, including but not limited to education and general operations, statewide
public services, state funded debt service, capital improvements and other
special initiatives and investments; and
(b) Allocate moneys, from funds
appropriated to the board and other available moneys, among the office of the
Chancellor of the Oregon University System, public universities listed in ORS
352.002 and offices, departments and activities under the control of the board.
SECTION 23. The State Board of
Higher Education shall:
(1) Review all mission statements of
the public universities listed in ORS 352.002; and
(2) Approve all academic programs
offered at the public universities, and shall ensure that the academic
programs:
(a) Are consistent with the mission
statement of the respective public university;
(b) Do not unnecessarily duplicate
academic programs offered by other public universities listed in ORS 352.002;
and
(c) Are allocated among the public
universities in the Oregon University System to maximize the achievement of
statewide needs and requirements.
SECTION 23a. The State Board of
Higher Education shall forward all mission statements of the public
universities listed in ORS 352.002 to the Higher Education Coordinating
Commission for approval.
SECTION 24. As used in sections 24
to 28 of this 2011 Act:
(1) “Bond-related costs” means:
(a) The costs and expenses of issuing,
administering and maintaining higher education revenue bonds including, but not
limited to, the costs of:
(A) Paying or redeeming higher
education revenue bonds.
(B) Paying amounts due in connection
with credit enhancement devices or agreements for exchange of interest rates.
(C) Paying the fees, administrative
costs and expenses of the State Treasurer and the Oregon University System,
including the costs of consultants or advisers retained by the State Treasurer
or the Chancellor of the Oregon University System, for the higher education
revenue bonds.
(b) The costs of funding reserves for
the higher education revenue bonds.
(c) Capitalized interest for the
higher education revenue bonds.
(d) Rebates or penalties due to the
United States in connection with the higher education revenue bonds.
(e) Any other costs or expenses that
the State Treasurer or the chancellor determines are necessary or desirable in
connection with issuing and maintaining the higher education revenue bonds.
(2) “Higher education revenue bonds”
means revenue bonds issued pursuant to section 25 of this 2011 Act.
(3) “Higher education revenues”
includes:
(a) Tuition, fees and charges imposed
or collected by the Oregon University System, or by one of the public
universities in the system; and
(b) Moneys appropriated, allocated or
otherwise made available to the Oregon University System, or to one of its
universities, by the Legislative Assembly, if those moneys are lawfully
available to pay the bond-related costs of higher education revenue bonds.
SECTION 25. (1) At the request of
the Chancellor of the Oregon University System, the State Treasurer may issue,
as provided in ORS chapter 286A, higher education revenue bonds from time to
time, the net proceeds of which must be used to:
(a) Finance projects that the State
Board of Higher Education determines will assist the Oregon University System
in carrying out its statutory powers;
(b) Refund bonds issued for the
projects; and
(c) Pay bond-related costs.
(2)(a) Before pledging all or a
portion of higher education revenues, pursuant to ORS 286A.102, to secure
higher education revenue bonds, higher education credit enhancement devices or
agreements for exchange of interest rates related to such revenue bonds or
credit enhancement devices, the chancellor shall reserve sufficient funds each
biennium to satisfy any payment or reserve requirements relating to:
(A) General obligation bonds or
certificates of participation issued for the benefit of the Oregon University
System;
(B) Credit enhancement devices or
agreements for exchange of interest rates entered into in connection with
obligations related to general obligation bonds or certificates of
participation issued for the benefit of the Oregon University System; and
(C) Loans to the Oregon University
System funded by state general obligation bonds.
(b) Pursuant to ORS 286A.010, the
Oregon University System shall provide cash flow projections and other
information requested by the State Treasurer to determine the sufficiency of
higher education revenues to satisfy the requirements of paragraph (a) of this
subsection and any proposed revenue bonds.
(c) For purposes of the issuance of
bonds and ORS chapter 286A, the Oregon University System shall be considered a
related agency as defined in ORS 286A.001 (9).
(d) The chancellor shall identify the
specific higher education revenues that will be pledged to secure each series
of higher education revenue bonds and specify the status of the lien of each
pledge.
(3) The chancellor may enter into
covenants, pursuant to ORS 286A.025 (4)(c), on behalf of the State of Oregon
for the benefit of holders of higher education revenue bonds, providers of
credit enhancement for higher education revenue bonds and counterparties to
agreements for exchange of interest rates to:
(a) Adjust the rates, charges or fees
that produce higher education revenues so that higher education revenues equal
or exceed specified levels during specified periods.
(b) Create only those pledges or liens
on higher education revenues that are permitted by the covenants authorized by
this section.
(c) Budget and apply higher education
revenues, or otherwise allow higher education revenues to be applied, in
amounts that, when added to other moneys lawfully available for the purpose,
will be sufficient:
(A) To pay in full and when due the
principal, interest and premium on outstanding higher education revenue bonds;
(B) To pay amounts due in connection
with agreements for exchange of interest rates and credit enhancement devices
for higher education revenue bonds; and
(C) To maintain the balance required
by covenants in any debt service reserves established for the higher education
revenue bonds.
(4) The chancellor shall operate the
properties of the Oregon University System in compliance with the higher
education revenue bond covenants until all higher education revenue bonds are
paid or defeased.
(5) Higher education revenue bonds are
not a general obligation of the State of Oregon, and neither the full faith and
credit nor the taxing power of the State of Oregon may be pledged to secure or
pay the higher education revenue bonds.
(6) The State Treasurer and the Oregon
University System do not have an obligation to pay bond-related costs except as
provided in sections 24 to 28 of this 2011 Act. A holder of higher education
revenue bonds issued under this section does not have the right to compel the
exercise of the taxing power of the State of Oregon to pay bond-related costs.
(7) As long as any higher education
revenue bonds issued under this section are outstanding, covenants related to
the higher education revenue bonds are deemed to be contracts between the State
of Oregon and holders of the higher education revenue bonds. The State of
Oregon may not give force or effect to a statute or initiative or referendum
measure approved by the electors of this state if doing so would
unconstitutionally impair existing covenants made with the holders of existing
higher education revenue bonds or would unconstitutionally impair other
obligations or agreements regarding the security of higher education revenue
bonds to which the moneys deposited in the accounts established by sections 26,
27 and 28 of this 2011 Act are pledged and assigned.
(8) The principal, interest and any
premium and any issuance costs on a financing agreement under ORS 283.085 to
283.092, any general obligation bond, any revenue bond and any related credit
enhancement device or interest rate exchange agreement shall be paid from the
sources specified in the laws and documents authorizing the financing
agreement, bond, credit enhancement device or interest rate exchange agreement.
The Oregon University System shall pay any other expenses and liabilities,
including but not limited to legal expenses, costs of settling claims,
judgments, federal arbitrage rebates and penalties and expenses arising from an
inquiry, audit or other action by a federal or state regulatory body, unless
the expense or liability results solely from the negligence or willful
misconduct of a state agency.
(9) Pursuant to ORS chapter 180, on
behalf of the State Treasurer or any other state agency, the Attorney General
shall appear, commence, prosecute or defend any action, suit, matter, cause or
proceeding arising from any financing agreement under ORS 283.085 to 283.092,
any bond issued for the benefit of the Oregon University System and any related
credit enhancement device or interest rate exchange agreement.
SECTION 26. An account in the
Oregon University System Fund established by ORS 351.506 is designated for the
purposes described in section 25 (1) of this 2011 Act. The account consists of
net proceeds of higher education revenue bonds issued under section 25 of this
2011 Act and other moneys made available for the purposes described in section
25 (1) of this 2011 Act. Moneys in the account may be invested as provided in
ORS 293.701 to 293.820, and interest earned by the account must be credited to
the account. Moneys in the account are continuously appropriated to the Oregon
University System for the purposes described in section 25 (1) of this 2011
Act.
SECTION 27. (1) An account in the
Oregon University System Fund established by ORS 351.506 is designated for the
purposes of paying, when due, the principal of, the interest on and the
premium, if any, on outstanding higher education revenue bonds. Moneys in the
account may be invested as provided in ORS 293.701 to 293.820, and interest
earned by the account must be credited to the account. Moneys in the account
are continuously appropriated to the Oregon University System for the purposes
described in this section.
(2) The Oregon University System shall
deposit in the account:
(a) Capitalized or accrued interest on
higher education revenue bonds;
(b) Amounts appropriated or otherwise
made available by the Legislative Assembly for deposit in the account; and
(c) Reserves established for the
payment of higher education revenue bonds.
SECTION 28. (1) An account in the
Oregon University System Fund established by ORS 351.506 is designated for the
purpose of paying bond-related costs under sections 24 to 28 of this 2011 Act.
Moneys in the account may be invested as provided in ORS 293.701 to 293.820,
and interest earned by the account must be credited to the account. Moneys in
the account are continuously appropriated to the Oregon University System for
payment of bond-related costs under sections 24 to 28 of this 2011 Act.
(2) The Oregon University System shall
deposit in the account:
(a) Proceeds of higher education
revenue bonds that were issued to pay bond-related costs; and
(b) Amounts appropriated or otherwise
made available by the Legislative Assembly for deposit in the account.
SECTION 29. Except for risk
management and insurance functions, the State Board of Higher Education and the
Oregon University System shall assume responsibility, in accordance with
agreements entered into with the Department of Justice and the State Treasurer,
for the indemnity and defense of their officers, agents and employees or other
persons designated by the board or the system to carry out or further their missions
with regard to claims asserted and actions commenced as of the operative date
of this section.
SECTION 29a. For risk management
and insurance functions, the State Board of Higher Education and the Oregon
University System shall assume responsibility, in accordance with agreements
entered into with the Oregon Department of Administrative Services regarding
its risk management function and the manager of the Insurance Fund established
in ORS 278.425, for the indemnity and defense of their officers, agents and
employees or other persons designated by the board or the system to carry out
or further their missions with regard to claims asserted and actions commenced
as of the operative date of this section.
SECTION 29b. Before the operative
date of section 29 of this 2011 Act or the operative date of section 29a of
this 2011 Act, the State Board of Higher Education and the Oregon University
System shall enter into an agreement, as applicable, with the Department of
Justice, the Oregon Department of Administrative Services regarding its risk
management function, the State Treasurer and the manager of the Insurance Fund
established in ORS 278.425 with regard to:
(1) The transfer of duties and
responsibilities concerning legal actions and liabilities in existence before
the operative date of section 29 of this 2011 Act or the operative date of
section 29a of this 2011 Act, as applicable;
(2) The reimbursement of reasonable
costs and expenses associated with the legal representation of the State
Treasurer for bonds issued for the board and the system on and after the
operative date of section 29 of this 2011 Act or the operative date of section
29a of this 2011 Act, as applicable; and
(3) Any other topic necessary for the
orderly transfer of duties and responsibilities incident to the previous
statutory duty of the Department of Justice to provide legal representation to
the board and the system and the responsibility of the Department of
Administrative Services to insure the board and the system.
SECTION 30. Except as otherwise
provided by law, all liabilities, known and unknown, of the State Board of
Higher Education and the Oregon University System existing on or arising after
the operative date of this section or, for liabilities related to risk management
or insurance functions, arising after the operative date of section 29a of this
2011 Act, are the sole responsibility of the board and system. Damages, costs
and other expenses arising out of and related to liabilities of the board and
the system after the operative date of this section shall be payable from the
Oregon University System Fund or from insurance purchased, a self-insurance
program established or another insurance equivalent arranged for under section
36a of this 2011 Act.
SECTION 30a. The State Board of
Higher Education is a continuation of the former State Board of Higher
Education with respect to its duties, liabilities, functions and powers, and is
not a new authority, for the purpose of succession to all rights and
obligations of the former State Board of Higher Education as constituted as of
the effective date of this 2011 Act, except as otherwise provided by law.
SECTION 31. ORS 351.001 is amended to
read:
351.001. The Legislative Assembly
finds that:
(1) For its survival and political
well-being, Oregon needs wise and effective leadership and an informed
citizenry.
(2) For its survival and
economic well-being, Oregon needs able and imaginative men and women for the
direction and operation of all its institutions, for the production of goods
and services and for the management of its fiscal affairs. Oregon also needs
alert and informed consumers.
(3) For its cultural advancement,
Oregon needs creative talent as well as appreciative and discriminating
readers, viewers and listeners. Oregon also needs people who understand the
diverse patterns of behavior, communication and belief that make up the common
cultures of the various communities in which we all must function.
(4) For its survival, Oregon needs
citizens who understand the interdependence of human beings and our shared
dependence on the resources provided by our natural environment.
(5) Oregon needs people who, in the
roles of parents and teachers and in other capacities, are able to transmit the
state’s and the nation’s ideals and heritage to future generations.
(6) For their personal well-being,
individual Oregonians need to cultivate an advanced literacy essential to
leading productive and rewarding lives. This includes the capacity to think
logically and critically; to internalize and exemplify humane values; to write,
speak and figure clearly and accurately; to understand, in some depth, a
variety of psychological, historical, cultural, aesthetic and scientific
concepts and theories; and to master a range of occupational, professional,
avocational, social and personal skills.
SECTION 32. ORS 351.010 is amended to
read:
351.010. The Oregon University System
[is established and is organized as
described in ORS 352.002. The system] shall be conducted under the control
of a board of [12] 15
directors, to be known as the State Board of Higher Education. Except as
otherwise provided by law, the board has sole authority to govern, set policy
and otherwise manage the affairs of the public universities listed in ORS
352.002. The board shall consist of:
(1) Two students[,] who at the time of their appointment to the board[,] are [admitted at] attending different public [institutions of higher education in Oregon]
universities listed in ORS 352.002.
(2) One member of the faculty at
Oregon State University, Portland State University or University of Oregon.
(3) One member of the faculty at
Eastern Oregon University, Oregon Institute of Technology, Southern Oregon
University or Western Oregon University.
(4) [Eight] Eleven members of the general public who are not
students or faculty members at the time of [their] appointment.
SECTION 33. (1) The directors
added to the State Board of Higher Education by the amendments to ORS 351.010
in section 32 of this 2011 Act shall be appointed for terms beginning July 1,
2012.
(2) Notwithstanding the term of office
specified in ORS 351.040, of the directors added to the board by the amendments
to ORS 351.010 in section 32 of this 2011 Act:
(a) One shall serve for a term ending
June 30, 2014;
(b) One shall serve for a term ending
June 30, 2015; and
(c) One shall serve for a term ending
June 30, 2016.
SECTION 34. ORS 351.020 is amended to
read:
351.020. (1) The directors of the
State Board of Higher Education [shall]
must be residents of Oregon and [shall
be] are appointed by the Governor. The [appointment is] appointments are subject to the confirmation
of the Senate in the manner provided by ORS 171.562 and 171.565. No director
who is not a student or faculty member at the time of appointment may be an
employee of any of the [institutions or
departments] public universities or offices, departments or activities
under the control of the State Board of Higher Education[, nor shall more than seven graduates of or students admitted at these
institutions, nor more than three graduates of or students admitted at any one
of these institutions or departments, be members of the board at any time].
The faculty members appointed under this section may not participate in any
discussions or action by the board or attend any executive session of the board
involving collective bargaining issues that affect faculty at any public [institution of higher education]
university listed in ORS 352.002.
(2) To assist the Governor in making
appointments of the student members as provided in ORS 351.010, the duly
organized and recognized entities of student government at each [state institution of higher education]
public university shall submit a list of nominees to the Governor. The
entities are entitled to no more than three nominees per [school] public university. The Governor shall consider these
lists in the selection of the student members to be appointed to the State
Board of Higher Education.
(3) To assist the Governor in making
appointments of the faculty members as provided in ORS 351.010, a duly
organized and recognized association of faculty members may submit a list of
nominees to the Governor. The Governor shall consider any submitted list in the
selection of the faculty members to be appointed to the State Board of Higher
Education.
(4) When making an appointment of the
faculty or student members as provided in ORS 351.010, the Governor
shall rotate the appointments among representatives from various public [institutions of higher education]
universities to ensure equal representation among the [institutions] public universities.
SECTION 35. ORS 351.050 is amended to
read:
351.050. The board shall elect one of
its members as president who shall serve for the fiscal year for which the
president is elected. The board shall meet [regularly
once every three months] at least four times each fiscal year at
such times and places as the president may determine. [Special meetings may be called by the president upon the written
request of any six members of the board. Six] Eight members shall
constitute a quorum for the transaction of business.
SECTION 36. ORS 351.060 is amended to
read:
351.060. The State Board of Higher
Education may:
(1) Control and provide for, subject
to the conditions of this section, the custody and occupation of the grounds,
buildings, books, papers and documents belonging to each and all of the
[institutions] public universities
and offices, departments or activities under the control of the State Board
of Higher Education.
(2) Manage, control and apply all
property of whatever nature given to or appropriated for the use, support or
benefit of any or all of the [institutions]
public universities or offices, departments or activities under the control
of the State Board of Higher Education, according to the terms and conditions
of such gift or appropriation. Moneys received under this section shall be
deposited in a designated account in the Oregon University System Fund
established by ORS 351.506. Interest earned by the account shall be credited to
the account.
(3) Design, acquire, erect,
improve, repair, maintain, lease, renovate, demolish, equip, [and] furnish and dispose of
buildings, structures and lands [for
higher education] necessary for carrying out its powers, rights and
duties.
(4) Acquire, receive, hold, control,
convey, sell, manage, operate, lease, lend, license, improve and develop
any and all property, real or personal:
(a) Given to any of the [institutions] public universities or
offices, departments or activities under the control of the State Board of
Higher Education by private donors, whether such gifts are made to the State
Board of Higher Education or to the State of Oregon; or
(b) Acquired by any other method or
from any source by the State Board of Higher Education for the benefit of any
of the [institutions] public
universities or offices, departments or activities under the control of the
board, except for any structure, equipment or asset encumbered by a certificate
of participation.
[(5)
Manage mineral and geothermal resource rights and proceeds therefrom acquired
or held for the state by the board pursuant to this chapter and ORS chapter
567. This includes leasing mineral and geothermal resource rights consistent
with ORS 273.785.]
(5) Exercise the power of eminent
domain for the condemnation of property of any kind and all water rights,
easements and appurtenances thereto that the State Board of Higher Education
considers necessary for carrying out the powers, rights and duties of the
board.
(6) Take and hold mortgages on real
and personal property acquired by way of gift or arising out of transactions
entered into in accordance with the powers, rights and duties [and authority given to the board by this
section, ORS 351.070 and 351.150] of the State Board of Higher Education.
(7) Institute, maintain and
participate in suits and actions and other judicial proceedings, in the name of
the State of Oregon, for the foreclosure of such mortgages or for the purpose
of carrying into effect any and all of the powers, rights and duties [and authority given to the State Board of
Higher Education by this section and ORS 351.070 and 351.150.] of the
State Board of Higher Education. Except as otherwise provided by ORS 30.260 to
30.300, the board has the authority to defend and indemnify its employees,
officers and agents when they are acting in good faith within the course and
scope of their duties for public purposes.
(8) Acquire, receive, hold, control,
sell, manage, operate, lease, license or lend any goods, supplies,
materials, equipment, services and information technology, for the use, support
or benefit of any of the [institutions]
public universities or offices, departments or activities under the control
of the State Board of Higher Education.
[(9)
Delegate any of the powers, duties or functions granted to the board under this
section to any state institution of higher education within the Oregon
University System.]
(9) With the approval of the State
Treasurer, request that the Oregon Department of Administrative Services enter
into financing agreements in accordance with ORS 283.085 to 283.092 on behalf
of the Oregon University System. The Oregon University System shall be
considered a state agency for purposes of ORS 286A.730.
(10) Own, control and operate Oregon
University System motor vehicles for use by public universities and offices,
departments and activities under the control of the State Board of Higher
Education. The board shall, by rule, establish requirements governing the
use and operation of Oregon University System motor vehicles.
(11) Hire or retain attorneys for the
provision of legal services, including but not limited to general advice,
representation in litigation and representation in appellate matters. The State
Board of Higher Education shall reimburse the State Treasurer for legal fees
incurred in connection with borrowings done at the request of the Oregon
University System.
SECTION 36a. The State Board of
Higher Education may purchase any insurance, operate a self-insurance program
or otherwise arrange for the equivalent of insurance coverage of any nature.
SECTION 37. ORS 351.062 is amended to
read:
351.062. Except for the power to
prescribe enrollment fees under [ORS
351.070 (3)(c)] section 20 of this 2011 Act and the power to adopt
rules, the State Board of Higher Education may delegate any of the powers,
duties or functions of the board to a committee of the board, the Chancellor
of the Oregon University System or a president of a public university listed in
ORS 352.002.
SECTION 38. 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, by rule, implement a personnel system for the Oregon
University System and may engage in collective bargaining with [its] the 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 board and 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] public universities and offices,
departments and activities under the control of the board. 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] public university listed
in ORS 352.002 [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)]
(c) Prescribe incidental 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 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)]
(d) 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 or
section 20 of this 2011 Act as authorized by the president. The payment of
such optional fees [shall be] is
at the option and selection of the student and [shall not be] is not a prerequisite of enrollment.
[(f)]
(e) Confer, consistent with the mission and programs of each public
university and on the recommendation of the faculty of [any such institution] the public
university, such degrees as usually are conferred by [such institutions] public universities, or as [they deem] the faculty deems
appropriate.
[(g)]
(f) 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] public universities and offices, departments
and activities under its control, the board, for each [institution, division and department] public university, office,
department or activity 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]
a public university listed in ORS 352.002, 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] public university listed in
ORS 352.002, 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]
public university may use any educational facility available for the use of
the [institution] public
university.
(6) For all [institutions of higher education] public universities listed
in ORS 352.002, the board shall, [no
later than October 1, 2010, and] to the extent feasible and cost
beneficial, develop and [begin
implementation of] implement a common admissions process that
permits applicants to be considered for admission to more than one [institution] public university.
SECTION 39. ORS 351.075 is amended to
read:
351.075. [(1)] The State Board of Higher Education shall appoint a chief
executive officer who shall be known as the Chancellor of the Oregon University
System and who shall serve at the pleasure of the board. [The board may appoint one or more assistants as may be necessary.]
[(2)
The chancellor and the assistants of the chancellor shall be persons who by
training and experience are well qualified to perform the duties of their
offices and to assist in carrying out the functions of the board under ORS
351.010 to 351.070, 351.075 to 351.260, 351.310 to 351.615, 351.770 to 351.840,
352.002 to 352.006, 352.010 to 352.053, 352.230, 352.360, 352.370, 352.390,
352.400 and 352.510 to 352.760.]
[(3)
The State Board of Higher Education shall fix the compensation of the
chancellor and the assistants of the chancellor.]
SECTION 40. ORS 351.085 is amended to
read:
351.085. The Chancellor of the Oregon
University System shall exercise, under the direction of the State Board of
Higher Education, the administrative and management authority necessary
to carry out the policies and directives of the board with respect to
the [institutions, departments or
activities] public universities and offices, departments and activities
under the control of the board. In carrying out the duties of the chancellor,
the chancellor shall:
(1) [Act as] Serve as chief executive officer of the Oregon
University System and administrative officer of the State Board of Higher
Education.
(2) Supervise the presidents of the
public universities listed in ORS 352.002 and recommend the terms and
conditions of their employment to the board, including but not limited to
appointment, compensation and termination.
[(2)]
(3) Maintain a centralized service program for all [institutions, departments] public universities and offices,
departments and activities under the control of the board, including
but not limited to[,] accounting,
statistical services, capital construction, management analysis, legal
services, academic affairs and educational research.
[(3)]
(4) Collect and compile information and statistics relative to the
operation of the [institutions,
departments] public universities and offices, departments and
activities under the control of the [State]
board [of Higher Education].
[(4)]
(5) Prepare and submit to the [State]
board [of Higher Education] an annual
operating budget for all [institutions,
departments] public universities and offices, departments and
activities under the control of the board, including but not limited
to budget allocations to the public universities and offices, departments and
activities.
[(5)]
(6) Oversee the preparation and submission to the [State Board of Higher Education of the biennial budget requests of the
institutions, departments and activities] board of the funding request
for the Oregon University System for consideration by the board as the [budget] funding request [to the Governor] under [ORS 351.090] section 21 of this 2011
Act. [The chancellor shall provide
analyses of the budget requests of the institutions, departments and
activities, including in such analyses alternative considerations as may be
necessary or desirable for the board in the adoption of its budget request.]
[(6)]
(7) Appoint[, subject to the State
Personnel Relations Law, and with the approval of the State Board of Higher
Education,] such personnel as may be necessary for the performance of the
duties of the chancellor.
[(7)]
(8) Designate, if the chancellor wishes, one or more suitable persons to
sign or countersign warrants, vouchers, certificates[,] or other papers and documents requiring the signature of the
chancellor.
[(8)]
(9) Prepare the agendas for [State]
board [of Higher Education] meetings
and provide an analysis of proposals made to the board, including such
alternatives as may be necessary or desirable for their consideration, and make
recommendations thereon.
[(9)]
(10) Prepare and submit to the [State]
board [of Higher Education] on or
about December 31 of each year an annual report in which the chancellor
describes the principal activities of the Oregon University System during the
fiscal year ending June 30. [The report
shall include a statement of all funds received, the source or sources from
which received, the expenditure and disbursement of all funds and the purposes
for which they were expended. The report shall contain a statement of the
number of students enrolled in each institution, department or activity, the
number of degrees conferred, the improvements made and new courses of
instruction added, together with a statement showing in a general way the
status of all activities and functions of the State Board of Higher Education.]
[(10)]
(11) Keep a record of the transactions of the [State] board [of Higher
Education].
[(11)]
(12) Have the custody of all books, papers, documents and other property
belonging to the [State] board [of Higher Education].
[(12)]
(13) Give such instructions as may be necessary to carry out the directives
of the [State] board [of Higher Education] and forward them to
the various institution presidents and heads of offices, departments and
activities.
[(13)]
(14) Provide for meetings of the presidents and principal executives of the
[institutions, departments] public
universities and offices, departments and activities under the control
of the board, at such times as the [State]
board [of Higher Education] may
direct[, such meetings to]. The
meetings shall be open to any member of the board. [At such meetings, the executives of the Oregon University System may
propose policies or policy changes or statements for consideration by the board
and develop recommendations concerning allocations of funds.]
[(14)]
(15) Perform such other administrative or management assistance and
consider other administrative or management matters as the [State] board [of Higher Education] may require.
SECTION 41. ORS 351.086 is amended to
read:
351.086. (1) Except as otherwise
provided in this chapter and ORS chapter 352, the provisions of ORS chapters 182,
240, 270, 273, 276, 278, 279A, 279B, 279C, 282, 283, 291 and 292 and
ORS 180.060, 180.160, 180.210, 180.220, 180.225 and 180.230 do not apply to
the Oregon University System.
(2) Notwithstanding subsection (1) of
this section, ORS [240.167, 240.185]
182.100, 182.109, 240.167, 276.073 to 276.090, 279A.065 (2), 279B.055 (3),
279C.380 (1)(a) and (3), 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825,
279C.830, 279C.835, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865,
279C.870, 283.085 to 283.092, 291.200, 291.201 to 291.222, 291.223, 291.224
(2) and (6), 291.226, 291.272 to 291.278, 291.322 to 291.334, 291.405, 291.407,
291.445, [and] 292.043 and
292.044apply to the Oregon University System.
[(3)
Notwithstanding any other law, the following provisions do not apply to the
Oregon University System:]
[(a)
ORS 182.310 to 182.400;]
[(b)
ORS 273.413 to 273.456;]
[(c)
ORS 276.071 and 276.072; and]
[(d)
ORS 291.038.]
[(4)]
(3) Notwithstanding subsection [(3)(b)]
(1) of this section, ORS 273.413 to 273.456 apply to any structure,
equipment or asset owned by the Oregon University System that is encumbered by
a certificate of participation.
(4) Notwithstanding subsection (6)
of this section:
(a) The provisions of ORS chapters 35,
190, 192, 244, 286A, 295 and 297 and ORS 30.260 to 30.460, 184.480, 184.483,
184.486, 184.488, 200.005 to 200.025, 200.045 to 200.090, 200.100 to 200.120,
200.160 to 200.200, 236.605 to 236.640, 243.650 to 243.782, 243.800, 243.820,
243.830, 243.850, 243.910 to 243.945, 307.090 and 307.112 apply to the Oregon
University System under the same terms as they apply to other public bodies
other than the State of Oregon.
(b) The provisions of ORS 293.115,
293.117, 293.130, 293.169, 293.171, 293.205 to 293.225, 293.250, 293.265 to
293.280, 293.285, 293.295, 293.321, 293.353, 293.375, 293.406, 293.465 to
293.485, 293.490, 293.495, 293.525, 293.701 to 293.820, 293.875, 293.880 and
293.990 apply to the Oregon University System under the same terms as they
apply to state agencies with moneys held by the State Treasurer, to the Oregon
University System Fund established in ORS 351.506 and to any other moneys
deposited with or held by the State Treasurer for the Oregon University System.
(5) Notwithstanding subsections (1)
and (6) of this section, the Oregon University System and its agents and
employees remain subject to all statutes and administrative rules of this state
that create rights, benefits or protections in favor of military veterans,
service members and families of service members to the same extent as an agency
of this state would be subject to such statutes and administrative rules.
(6) The Oregon University System, as a
distinct governmental entity, is not subject to any provision of law enacted
after January 1, 2011, with respect to any governmental entity, that is unique
to governmental entities, unless the provision specifically provides that it
applies to the Oregon University System.
[(5)]
(7) In carrying out the duties, functions and powers imposed by law upon
the Oregon University System, the State Board of Higher Education or the
Chancellor of the Oregon University System may contract with any public agency
for the performance of such duties, functions and powers as the [Oregon University System] board or
chancellor considers appropriate.
SECTION 41a. Notwithstanding ORS
351.086 (1) as amended by section 41 of this 2011 Act, ORS chapter 278 and ORS
283.100, 283.110, 283.120, 283.130, 283.140, 283.143, 283.305 to 283.350,
283.415 to 283.425, 283.500 to 283.520 and 283.524 apply to the Oregon
University System prior to July 1, 2012.
SECTION 42. ORS 351.094 is amended to
read:
351.094. (1) [Notwithstanding any other provision of law, the Oregon University
System] The State Board of Higher Education shall provide group
insurance to [its] employees of
the Oregon University System through the Public Employees’ Benefit Board[, but] or may elect[, at the discretion of the State Board of
Higher Education,] to provide alternative group health and welfare
insurance benefit plans to [its]
employees[, should] of the Oregon
University System if the same level of benefits [be] is available at a lower cost than through the Public
Employees’ Benefit Board.
(2) For the purposes of ORS 243.555 to
243.575, if the State Board of Higher Education chooses not to participate in
the benefit plans offered through the Public Employees’ Benefit Board, the
State Board of Higher Education may have the authority granted to the Public
Employees’ Benefit Board under ORS 243.555 to 243.575 for the administration of
an appropriate expense reimbursement plan.
(3) The [Oregon University System] State Board of Higher Education
shall offer [a] one or more
deferred compensation [plan for its]
plans to employees of the Oregon University System. The Oregon
University System shall, at the discretion of the board, choose whether to
offer its employees the state deferred compensation plan established under ORS
243.401 to 243.507 or another deferred compensation plan that the board elects
to make available to the employees of the Oregon University System.
SECTION 43. (1) The State Board of
Higher Education shall establish a committee consisting of representatives of
public university management and of employees, both represented and
unrepresented, to evaluate options for:
(a) An optional retirement plan as described
in ORS 243.800; and
(b) Continued participation in the
Public Employees’ Benefit Board, transfer of employee participation to the
Oregon Educators Benefit Board or participation in other, alternative group
health and welfare insurance benefit plans.
(2) The State Board of Higher
Education shall make a report based upon the recommendations of the committee
to the Legislative Assembly prior to October 1, 2012. The State Board of Higher
Education may not make any changes to retirement plans based on the report
until July 1, 2013. The State Board of Higher Education must make any changes
to group health and welfare insurance benefit plans between January 1, 2013,
and May 1, 2013, to become effective on January 1, 2014.
SECTION 44. ORS 351.110 is amended to
read:
351.110. All relationships and
negotiations between the Legislative Assembly and its various committees and [the institutions of higher education shall]
a public university listed in ORS 352.002 must be carried on through the office
of the Chancellor of the Oregon University System. [A subordinate official] An employee representing any of the
[separate institutions] public
universities may not appear before the Legislative Assembly or any
committee except upon the written authority of the State Board of Higher
Education or the chancellor.
SECTION 45. ORS 351.130 is amended to
read:
351.130. (1) The State Board of Higher
Education shall encourage gifts and donations to [institutions of higher education within the Oregon University System by
faithfully devoting] the board and the Oregon University System. For
purposes of the public universities listed in ORS 352.002, the board, to
encourage gifts and donations, shall faithfully devote the gifts or
donations to the [institution] public
university for which the gift or donation is intended.
(2) The Higher Education Donation Fund
is established in the State Treasury, separate and distinct from the General
Fund. Moneys in the Higher Education Donation Fund are continuously
appropriated to the State Board of Higher Education for the purpose for which
the moneys were donated. Moneys in the fund may be invested as provided in ORS
293.701 to 293.820, subject to the terms or restrictions of any gifts or
donations. Any interest or other income derived from the investment of the fund
shall be credited to the fund.
(3) All gifts and donations received
shall be used in accordance with the terms of the gift or donation. Gifts or
donations may be deposited in the Oregon University System Fund established by ORS
351.506 or in the Higher Education Donation Fund. The board shall consider the
amount, nature and purpose of, and any restriction placed on, gifts and
donations, and determine whether to deposit the gift or donation in the Oregon
University System Fund or the Higher Education Donation Fund. Gifts and
donations may be split or transferred between the Oregon University System Fund
and the Higher Education Donation Fund.
(4) The interest, income, dividends or
profits received on any property or funds of the State Board of Higher
Education or the Oregon University System derived from gifts and donations,
including legacies, devises, bequests or endowments, are continuously
appropriated to the use, maintenance and support of the Oregon University
System in the same manner as the principal or corpus of each such gift or
donation in accordance with the terms of the gift or donation.
(5) As used in this section, “gifts or
donations” includes funds donated to the State Board of Higher Education or the
Oregon University System to which by agreement the donor receives consideration
in return for the gift or donation or retains a reversionary interest but does
not include grant or contract funds received from government sources.
SECTION 46. ORS 351.140 is amended to
read:
351.140. (1) The State Board of Higher
Education may purchase such real property as in its sole discretion may be
necessary for the present or future development of any of the [schools or institutions under its
jurisdiction] public universities and offices, departments and
activities under its control. The board may enter into contracts of
purchase or agreements [which it] that
the board deems necessary in carrying out this authorization.
(2) The board may apply any funds
coming into its hands, and applicable thereto, toward the purchase of property
authorized under this section. The board may also mortgage or pledge any
property so purchased, or its contracts to purchase, or in relation thereto,
together with the income from such property, to secure the payment of the
purchase price thereof.
(3) The State Board of Higher
Education is authorized, without seeking specific approval from the Legislative
Assembly, to purchase real property or undertake capital construction projects
that do not require the use of moneys appropriated from state funds or obtained
through general obligation bonds, for purposes consistent with the promotion
and enhancement of public higher education.
SECTION 47. ORS 351.150 is amended to
read:
351.150. (1) As used in this
section, “university lands” means lands granted to this state under the Act of
February 14, 1859 (11 Stat. 383), for the support and maintenance of the
University of Oregon.
(2) Legal
title to all real property acquired by any of the [institutions] public universities under the control of the
State Board of Higher Education shall be taken and held in the name of the
State of Oregon. Legal title to all real property heretofore or hereafter
conveyed to any [such institutions shall
be] of the public universities is deemed to be conveyed to and
vested in the State of Oregon. Authorized conveyances of all real property,
other than university lands, acquired by or vested in the State of Oregon
for the use or benefit of any [such
institutions, other than the university lands referred to in ORS 273.251,] of
the public universities shall be executed in the name of the State of
Oregon by the president and secretary of the board [of higher education]. Nothing in this section or in ORS 351.060
shall be considered as exempting such property from taxation.
(3) The Oregon University System
shall have custody and control of and shall care for all real property used for
public university purposes. Management, maintenance and preservation of all
real property used for public university purposes is the responsibility of the
Oregon University System.
SECTION 48. ORS 351.155 is amended to
read:
351.155. Notwithstanding the
applicable provisions of ORS 279.835 to 279.855, 279A.140 to 279A.155, 279A.250
to 279A.290, 279A.990, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280,
279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to
279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to 279C.670 and
279C.800 to 279C.870, the State Board of Higher Education may, in the
management of all forestlands under its control and supervision, sell the
forest products on such lands in the same manner as is provided in ORS 530.059,
and for that purpose the [State]
board [of Higher Education] shall
have the same powers with respect to experimental or research projects in the
field of forestland management or for forest product utilization on forestlands
under its control as the State Forester has pursuant to the provisions of ORS
530.050 and 530.059. [In the management of
its forestlands, the State Board of Higher Education may lease mineral and
geothermal resource rights as provided in ORS 351.060 (5)].
SECTION 49. ORS 351.210 is amended to
read:
351.210. (1) The State Board of Higher
Education may sell or otherwise dispose of any worn out, obsolete or otherwise
unsuitable equipment, goods, supplies, material or information technology, the
disposal of which would in the board’s judgment be to the financial benefit of
the [institutions] public universities
under the board’s control. This section does not apply to any equipment, goods,
supplies, material or information technology encumbered by a certificate of
participation.
[(2)
The board may delegate any of its duties, functions or powers granted to the
board under this section to the Chancellor of the Oregon University System or
any state institution of higher education within the Oregon University System.]
[(3)]
(2) The proceeds from any sales or disposals made pursuant to authority
granted in this section shall be deposited in a designated account in the
Oregon University System Fund established by ORS 351.506 and may be expended by
the board for any purpose authorized by law in the same manner as the board is
authorized to make other expenditures.
SECTION 50. ORS 351.240 is amended to
read:
351.240. [(1)] The State Board of Higher Education may determine the terms
and conditions of any transaction authorized by ORS 351.220 to 351.250 and need
not require competitive bids in connection therewith. No formal publicity or
advertising is required regarding property for the development of which the
board wishes to contract, but the board shall make reasonable efforts to
disseminate such information in appropriate research and industrial circles.
[(2)
The board may delegate any of the duties, functions and powers granted to the
board under ORS 351.220 to 351.250 to any state institution of higher education
within the Oregon University System.]
SECTION 51. ORS 351.317 is amended to
read:
351.317. An obligation incurred under
ORS 351.140 [or 351.315] is not an
indebtedness of the State of Oregon and does not create a general indebtedness
of the [State Board of Higher Education.
A bond issued by the State Treasurer at the request of the board may be paid
only from the property, income or revenues pledged to secure its payment]
Oregon University System.
SECTION 52. ORS 351.450, as amended
by section 6, chapter 2, Oregon Laws 2011 (Enrolled House Bill 3338), is
amended to read:
351.450. (1) Except as provided in ORS
351.460, the [moneys] net proceeds
realized from sales of bonds authorized by Article XI-F(1) and Article XI-G of
the Oregon Constitution for the Oregon University System shall be credited to a
designated account in the Oregon University System Fund established by ORS
351.506.
(2) The account designated by this
section shall have:
(a) A separate subaccount for the
credit of [moneys] net proceeds
realized from sales of bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution and ORS 351.350; and
(b) A separate subaccount for the
credit of [moneys] net proceeds
realized from sales of bonds issued pursuant to Article XI-G of the Oregon
Constitution and ORS 351.345.[;
and]
[(c)
A separate subaccount for the credit of moneys realized from the sales of revenue
bonds issued pursuant to ORS chapter 286A.]
(3) The moneys in the account
designated by this section shall be invested as provided in ORS 286A.025.
NOTE: Section 53 was
deleted by amendment. Subsequent sections were not renumbered.
SECTION 54. ORS 351.460, as amended
by section 8, chapter 2, Oregon Laws 2011 (Enrolled House Bill 3338), is
amended to read:
351.460. (1) The State Board of Higher
Education shall maintain an account within the Oregon University System Fund
established by ORS 351.506 to provide for the payment of the principal of and
the interest upon:
(a) The bonds issued under authority
of Article XI-F(1) of the Oregon Constitution and ORS 351.350;
(b) The bonds issued under authority
of Article XI-G of the Oregon Constitution and ORS 351.345; and
[(c)
Revenue bonds authorized by ORS 351.315; and]
[(d)]
(c) Amounts due under financial agreements entered into under ORS
351.356.
(2) The account maintained under this
section comprises one subaccount for each of the purposes of the account
identified in subsection (1) of this section.
(3) Income and interest derived from
moneys in the subaccounts of the account maintained under this section are
credited to the appropriate subaccount.
(4) The sources of moneys for the
account maintained under this section are:
(a) All moneys received from ad
valorem taxes levied pursuant to ORS 291.445;
(b) All moneys that the Legislative
Assembly may provide in lieu of [such]
ad valorem taxes;
(c) The revenues transferred to the
account maintained under this section pursuant to subsection (6) of this
section;
(d) All moneys received as accrued
interest upon bonds sold;
(e) All earnings from investments of
the account;
(f) Net proceeds of the sale of
refunding bonds; and
(g) All moneys that the State of
Oregon has agreed to hold in the account to pay amounts due under financial
agreements entered into under ORS 351.356.
(5) The board may credit the account
maintained under this section with moneys received from either a sale or
interfund transfer of buildings, structures, land or other projects. When the
buildings, structures, land or other projects are sold or the use of the
buildings, structures, land or other projects is rededicated so that a transfer
from one subaccount to another subaccount is appropriate, the moneys received
shall be credited to the appropriate subaccount.
(6)(a) The board shall transfer
revenues to the account maintained under this section in amounts sufficient to
pay, when due, the principal of and the interest and any premium upon the bonds
issued under authority of Article XI-F(1) of the Oregon Constitution [and upon revenue bonds authorized by ORS
351.315]. Revenues not required for the account as described in this
subsection shall be transferred to other accounts and subaccounts within the
Oregon University System Fund that are designated by the Chancellor of the
Oregon University System. The portion of student building fees that are imposed
under ORS 351.170 to provide the funds with which to amortize the principal of
and pay the interest on bonds issued under Article XI-F(1) of the Oregon
Constitution shall be applied only to pay those bonds.
(b) For purposes of this subsection, “revenues”
includes all funds available to the board except:
(A) Amounts appropriated by the
Legislative Assembly from the General Fund; and
(B) Lottery funds allocated for debt
service.
(7)(a) The board may not use the
account maintained under this section for any purpose other than the purposes
for which the account was created.
(b) Notwithstanding paragraph (a) of
this subsection, if the balance in any subaccount exceeds the amount required
to pay debt service during a fiscal period, the board may transfer the surplus
in the subaccount to other accounts in the Oregon University System Fund. This
paragraph does not apply to any surplus consisting of General Fund moneys
appropriated for debt service or lottery funds allocated for debt service. Any
surplus consisting of General Fund moneys appropriated for debt service shall
revert to the General Fund as provided in ORS 293.190.
SECTION 55. ORS 351.506 is amended to
read:
351.506. (1) The Oregon University
System Fund is established in the State Treasury, separate and distinct from
the General Fund. Any interest or other investment income derived from moneys
in the Oregon University System Fund is credited to the fund. [Except when otherwise specified by a statute
establishing an account, the interest or other investment income credited to
the Oregon University System Fund that was derived from tuition and fees,
facility and administrative cost recoveries, sales and services revenues,
housing fees, food service fees, parking fees and General Fund appropriations
shall be transferred to the General Fund by the State Board of Higher Education.]
(2) Except for moneys otherwise
designated by statute or federal law, all moneys received by the State Board of
Higher Education or the Oregon University System shall be paid into the State
Treasury and credited to the Oregon University System Fund. All moneys in the
fund are continuously appropriated to the State Board of Higher Education for
purposes authorized by law.
(3) The moneys in the Oregon
University System Fund may be invested as provided in ORS 293.701 to 293.820.
(4) The board may establish accounts
and subaccounts within the Oregon University System Fund when the board
determines that accounts or subaccounts are necessary or desirable. Except when
otherwise specified by a statute establishing an account, the board may credit
any interest or income derived from moneys in the fund to any account or
subaccount within the fund.
(5) The board shall keep a record of
all moneys deposited into the Oregon University System Fund. The record
shall indicate by separate cumulative accounts and subaccounts the sources from
which the moneys are derived and the individual activity or program against
which each withdrawal is charged.
SECTION 56. ORS 351.638 is amended to
read:
351.638. (1) An account in the Oregon
University System Fund established by ORS 351.506 is designated for the purpose
of attracting new, outstanding faculty members to the [institutions in the Oregon University System] public
universities listed in ORS 352.002. This purpose includes payment of costs
incurred in relocating new faculty, retraining necessary teaching assistants
for new faculty, acquisition of equipment such as laboratory equipment and
facilities to support research by new faculty, payment of other costs incurred
in recruiting new faculty and payment of costs associated with committing
salary supplements to newly recruited faculty over a period of more than one
year.
(2) The State Board of Higher
Education shall seek funds from private sources for deposit to the credit
of the account designated by this section. [Funds
from other sources may not be transferred or credited to the account without
prior authorization of the appropriate legislative review agency as described
in ORS 291.375 (1)].
SECTION 57. ORS 351.704 is amended to
read:
351.704. (1) Subject to ORS 351.094
and any group health and welfare insurance benefit plan developed under ORS
351.094, a part-time faculty member at a public institution of higher
education is eligible for the same health care benefits as full-time faculty
members if the part-time faculty member is eligible for membership in the
Public Employees Retirement System or another plan authorized under ORS
chapter 238 or 238A by teaching either at a single public institution of
higher education or in aggregate at multiple public institutions of higher
education during the prior year.
(2) A part-time faculty member at a
public institution of higher education shall pay all insurance premiums for
health care benefits unless otherwise provided for by the policy of the
institution or by collective bargaining at the institution.
[(3)
The Oregon Educators Benefit Board and the Public Employees’ Benefit Board
shall each adopt rules to implement subsections (1) and (2) of this section.]
SECTION 58. ORS 352.002 is amended to
read:
352.002. The Oregon University System established
in section 19 of this 2011 Act consists of the [programs, activities and institutions of higher education]
following public universities 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) Oregon Institute of Technology.
(5) Western Oregon University.
(6) Southern Oregon University.
(7) Eastern Oregon University.
SECTION 59. ORS 352.010 is amended to
read:
352.010. The president and professors
constitute the faculty of each of the [state
institutions of higher education] public universities listed in ORS
352.002 and as such have the immediate government and discipline of [it] the public university and the
students therein, except as otherwise provided by statute or action of the
State Board of Higher Education. The faculty may, subject to the
supervision of the [State] board [of Higher Education] under ORS 351.070,
prescribe the course of study to be pursued in the [institution] public university and the textbooks to be used.
MISCELLANEOUS
PROVISIONS
SECTION 60. ORS 30.264 is amended to
read:
30.264. (1) The State Board of Higher
Education may authorize [higher education
institutions under the control of the board] public universities listed
in ORS 352.002 to provide liability insurance coverage for students
involved in off-campus experiential activities, including, but not limited to,
student teaching, internships, clinical experiences, capstone projects and
related activities.
(2) If commercial liability insurance
coverage is not available to [higher
education institutions] the public universities, students
participating in the activities described in subsection (1) of this section
shall be considered to be acting within the course and scope of state
employment duties for purposes of ORS 30.260 to 30.300.
SECTION 61. ORS 131.594 is amended to
read:
131.594. (1) After the seizing agency
distributes property under ORS 131.588, and when the seizing agency is not the
state, the seizing agency shall dispose of and distribute property as follows:
(a) The seizing agency shall pay costs
first from the property or its proceeds. As used in this subsection, “costs”
includes the expenses of publication, service of notices, towing, storage and
servicing or maintaining the seized property under ORS 131.564.
(b) After costs have been paid, the
seizing agency shall distribute to the victim any amount the seizing agency was
ordered to distribute under ORS 131.588 (4).
(c) After costs have been paid and
distributions under paragraph (b) of this subsection have been made, the
seizing agency shall distribute the rest of the property to the general fund of
the political subdivision that operates the seizing agency.
(2) Of the property distributed under
subsection (1)(c) of this section, the political subdivision shall distribute:
(a) Three percent to the Asset
Forfeiture Oversight Account established in ORS 131A.460;
(b) Seven percent to the Illegal Drug
Cleanup Fund established in ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6); and
(c) Ten percent to the state General
Fund.
(3) Of the property distributed under
subsection (1)(c) of this section that remains in the general fund of the
political subdivision after the distributions required by subsection (2) of
this section have been made:
(a) Fifty percent must be for official
law enforcement use; and
(b) Fifty percent must be used for
substance abuse treatment pursuant to a plan developed under ORS 430.420.
(4) Except as otherwise provided by
intergovernmental agreement, the seizing agency may:
(a) Sell, lease, lend or transfer the
property or proceeds to any federal, state or local law enforcement agency or
district attorney.
(b) Sell the forfeited property by
public or other commercially reasonable sale and pay from the proceeds the
expenses of keeping and selling the property.
(c) Retain the property.
(d) With written authorization from
the district attorney for the seizing agency’s jurisdiction, destroy any
firearms or controlled substances.
(5) A political subdivision may sell
as much property as may be needed to make the distributions required by
subsections (1) and (2) of this section. A political subdivision shall make
distributions to the Asset Forfeiture Oversight Account, the Illegal Drug
Cleanup Fund and the state General Fund that are required by subsection (2) of
this section once every three months. The distributions are due within 20 days
of the end of each quarter. Interest does not accrue on amounts that are paid
within the period specified by this subsection.
(6) A seizing agency may donate
growing equipment and laboratory equipment that was used, or intended for use,
in manufacturing of controlled substances to a public school, community college
or [state institution of higher education]
public university listed in ORS 352.002.
(7) This section applies only to
criminal forfeiture proceeds arising out of prohibited conduct.
SECTION 62. ORS 182.122 is amended to
read:
182.122. (1) As used in this section:
(a) “Executive department” has the
meaning given that term in ORS 174.112.
(b) “Information systems” means
computers, hardware, software, storage media, networks, operational procedures
and processes used in the collection, processing, storage, sharing or
distribution of information within, or with any access beyond ordinary public
access to, the state’s shared computing and network infrastructure.
(2) The Oregon Department of
Administrative Services has responsibility for and authority over information
systems security in the executive department, including taking all measures
reasonably necessary to protect the availability, integrity or confidentiality
of information systems or the information stored in information systems. The
Oregon Department of Administrative Services shall, after consultation and
collaborative development with agencies, establish a state information systems
security plan and associated standards, policies and procedures.
(3) The Oregon Department of
Administrative Services, in its sole discretion, shall:
(a) Review and verify the security of
information systems operated by or on behalf of agencies;
(b) Monitor state network traffic to
identify and react to security threats; and
(c) Conduct vulnerability assessments
of agency information systems for the purpose of evaluating and responding to
the susceptibility of information systems to attack, disruption or any other
event that threatens the availability, integrity or confidentiality of information
systems or the information stored in information systems.
(4) The Oregon Department of
Administrative Services shall contract with qualified, independent consultants
for the purpose of conducting vulnerability assessments under subsection (3) of
this section.
(5) In collaboration with agencies,
the Oregon Department of Administrative Services shall develop and implement
policies for responding to events that damage or threaten the availability,
integrity or confidentiality of information systems or the information stored
in information systems, whether those systems are within, interoperable with or
outside the state’s shared computing and network infrastructure. In the
policies, the department shall prescribe actions reasonably necessary to:
(a) Promptly assemble and deploy in a
coordinated manner the expertise, tools and methodologies required to prevent
or mitigate the damage caused or threatened by an event;
(b) Promptly alert other persons of
the event and of the actions reasonably necessary to prevent or mitigate the
damage caused or threatened by the event;
(c) Implement forensic techniques and
controls developed under subsection (6) of this section;
(d) Evaluate the event for the purpose
of possible improvements to the security of information systems; and
(e) Communicate and share information
with agencies, using preexisting incident response capabilities.
(6) After consultation and
collaborative development with agencies, the Oregon Department of
Administrative Services shall implement forensic techniques and controls for
the security of information systems, whether those systems are within,
interoperable with or outside the state’s shared computing and network
infrastructure. The techniques and controls must include the use of specialized
expertise, tools and methodologies, to investigate events that damage or
threaten the availability, integrity or confidentiality of information systems
or the information stored in information systems. The department shall consult
with the Oregon State Police, the Office of Emergency Management, the Governor
and others as necessary in developing forensic techniques and controls under
this section.
(7) The Oregon Department of
Administrative Services shall ensure that reasonably appropriate remedial actions
are undertaken when the department finds that such actions are reasonably
necessary by reason of vulnerability assessments of information systems under
subsection (3) of this section, evaluation of events under subsection (5) of
this section and other evaluations and audits.
(8)(a) Agencies are responsible for
the security of computers, hardware, software, storage media, networks,
operational procedures and processes used in the collection, processing,
storage, sharing or distribution of information outside the state’s shared
computing and network infrastructure following information security standards,
policies and procedures established by the Oregon Department of Administrative
Services and developed collaboratively with agencies. Agencies may establish
plans, standards and measures that are more stringent than the standards
established by the department to address specific agency needs if those plans,
standards and measures do not contradict or contravene the state information
systems security plan. Independent agency security plans shall be developed
within the framework of the state information systems security plan.
(b) An agency shall report the results
of any vulnerability assessment, evaluation or audit conducted by the agency to
the department for the purposes of consolidating statewide security reporting
and, when appropriate, to prompt a state incident response.
(9) This section does not apply to:
(a) Research and student computer
systems used by or in conjunction with the State Board of Higher Education or
any [state institution of higher
education within the Oregon University System] public university listed
in ORS 352.002; and
(b)(A) Gaming systems and networks
operated by the Oregon State Lottery or its contractors; or
(B) The results of Oregon State
Lottery reviews, evaluations and vulnerability assessments of computer systems
outside the state’s shared computing and network infrastructure.
(10) The Oregon Department of
Administrative Services shall adopt rules to carry out its responsibilities
under this section.
SECTION 63. ORS 182.415 is amended to
read:
182.415. As used in ORS 182.415 to
182.435 unless the context requires otherwise:
(1) “Furnishings” includes furniture
usually used in connection with occupancy of a household but does not include
rugs, draperies, ranges, refrigerators, washers, dryers or any item of
furnishings received by the state or one of its agencies as a gift, nor does it
include any furniture purchased for the state-owned residence required in
relation to the official duties of an institutional executive or the Chancellor
of the Oregon University System prior to September 9, 1971.
(2) “Housing” includes single and
multiple family dwellings, apartments, and manufactured dwellings and
manufactured dwelling pads, available on a monthly tenancy but does not include
guard stations maintained by the State Forestry Department or dormitory
facilities at any state institution or at any [state institution of higher education] public university listed
in ORS 352.002.
(3) “Dormitory” includes any facility
that houses students and those facilities used primarily for sleeping purposes
by the employees of the Department of Human Services or the Oregon Health
Authority.
(4) “State agency” has the meaning
given that term in ORS 291.002.
SECTION 64. ORS 183.635 is amended to
read:
183.635. (1) Except as provided in
this section, all agencies must use administrative law judges assigned from the
Office of Administrative Hearings established under ORS 183.605 to conduct contested
case hearings, without regard to whether those hearings are subject to the
procedural requirements for contested case hearings.
(2) The following agencies need not
use administrative law judges assigned from the office:
(a) Attorney General.
(b) Boards of stewards appointed by
the Oregon Racing Commission.
(c) Bureau of Labor and Industries and
the Commissioner of the Bureau of Labor and Industries.
(d) Department of Corrections.
(e) Department of Education, State
Board of Education and Superintendent of Public Instruction.
(f) Department of Human Services for
vocational rehabilitation services cases under 29 U.S.C. 722(c) and disability
determination cases under 42 U.S.C. 405.
(g) Department of Revenue.
(h) Department of State Police.
(i) Employment Appeals Board.
(j) Employment Relations Board.
(k) Energy Facility Siting Council.
(L) Fair Dismissal Appeals Board.
(m) Governor.
(n) Land Conservation and Development
Commission.
(o) Land Use Board of Appeals.
(p) Local government boundary
commissions created pursuant to ORS 199.430.
(q) Oregon University System and [institutions of higher education]
public universities listed in ORS 352.002.
(r) Oregon Youth Authority.
(s) Psychiatric Security Review Board.
(t) Public Utility Commission.
(u) State Accident Insurance Fund
Corporation.
(v) State Apprenticeship and Training
Council.
(w) State Board of Parole and
Post-Prison Supervision.
(x) State Land Board.
(y) State Treasurer.
(z) Wage and Hour Commission.
(3) The Workers’ Compensation Board is
exempt from using administrative law judges assigned from the office for any
hearing conducted by the board under ORS chapters 147, 654 and 656. Except as
specifically provided in this subsection, the Department of Consumer and
Business Services must use administrative law judges assigned from the office
only for contested cases arising out of the department’s powers and duties
under:
(a) ORS 86A.095 to 86A.198, 86A.990
and 86A.992 and ORS chapter 59;
(b) ORS chapter 455;
(c) ORS chapter 674;
(d) ORS chapters 706 to 716;
(e) ORS chapter 717;
(f) ORS chapters 723, 725 and 726; and
(g) ORS chapters 731, 732, 733, 734,
735, 737, 742, 743, 743A, 744, 746, 748 and 750.
(4) Notwithstanding any other
provision of law, in any proceeding in which an agency is required to use an
administrative law judge assigned from the office, an officer or employee of
the agency may not conduct the hearing on behalf of the agency.
(5) Notwithstanding any other
provision of ORS 183.605 to 183.690, an agency is not required to use an
administrative law judge assigned from the office if:
(a) Federal law requires that a
different administrative law judge or hearing officer be used; or
(b) Use of an administrative law judge
from the office could result in a loss of federal funds.
(6) Notwithstanding any other
provision of this section, the Department of Environmental Quality must use
administrative law judges assigned from the office only for contested case
hearings conducted under the provisions of ORS 183.413 to 183.470.
SECTION 65. ORS 184.475 is amended to
read:
184.475. (1) The purposes of
information technology portfolio-based management are to:
(a) Ensure that state agencies link
their information technology investments with business plans;
(b) Facilitate risk assessment of
information technology projects and investments;
(c) Ensure that state agencies justify
information technology investments on the basis of sound business cases;
(d) Ensure that state agencies
facilitate development and review of information technology performance related
to business operations;
(e) Identify projects that can cross
agency and program lines to leverage resources; and
(f) Assist in state government-wide
planning for common, shared information technology infrastructure.
(2) The Oregon Department of
Administrative Services shall integrate state agency strategic and business
planning, technology planning and budgeting and project expenditure processes
into the department’s information technology portfolio-based management.
(3) In cooperation with state
agencies, the department shall conduct and maintain a continuous inventory of
each state agency’s current and planned investments in information technology,
a compilation of information about those assets and the total life cycle cost
of those assets. The department shall develop and implement state
government-wide standards, processes and procedures for the required inventory
and for the management of the state government-wide information technology
portfolio. State agencies shall participate in the information technology
portfolio-based management and shall comply with the standards, processes and
procedures established by the department under this subsection. The provisions
of this subsection do not relieve any state agency from accountability for
equipment, materials, supplies and tangible and intangible personal property
under its control.
(4) The department shall ensure that
state agencies implement portfolio-based management of information technology
resources in accordance with this section and with rules adopted by the
Director of the Oregon Department of Administrative Services.
(5) This section does not apply to
competitive research grants and contracts at [institutions of higher education] public universities listed
in ORS 352.002.
(6) In implementing the provisions of
this section, the department shall submit state government-wide policies for
review to the Joint Legislative Committee on Information Management and
Technology.
SECTION 66. ORS 184.477 is amended to
read:
184.477. (1) The purpose of enterprise
management is to create a plan and implement a state government-wide approach
for managing distributed information technology assets to minimize total
ownership costs from acquisition through retirement, while realizing maximum
benefits for transacting the state’s business and delivering services to its
citizens.
(2) With input and recommendations
from state agencies, the Oregon Department of Administrative Services shall
develop a plan for the state government-wide management of distributed
information technology assets. The plan shall prescribe the state
government-wide infrastructure and services for managing these assets. The plan
shall be submitted to the Joint Legislative Committee on Information Management
and Technology for review.
(3) Following review by the Joint
Legislative Committee on Information Management and Technology, the department
shall ensure state agency implementation of the plan, including the development
of appropriate standards, processes and procedures.
(4) State agencies shall participate
in the enterprise management of information technology assets and shall comply
with the standards, processes and procedures of the department.
(5) This section does not apply to
competitive research grants and contracts at [institutions of higher education] public universities listed
in ORS 352.002.
SECTION 67. ORS 190.610 is amended to
read:
190.610. The State Board of Higher
Education shall establish a program at one or more of the [institutions] public universities under its control,
designed to perform the duties imposed upon it by ORS 190.510 to 190.610.
SECTION 68. 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]
public university listed in ORS 352.002, 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) 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) 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) 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) Social Security numbers as
provided in ORS 107.840.
(29) The electronic mail address of a
student who attends a [state institution
of higher education] public university listed in ORS 352.002 or
Oregon Health and Science University.
(30) 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.
(31) If requested by a public safety
officer, as defined in ORS 181.610:
(a) The home address and home
telephone number of the public safety officer contained in the voter
registration records for the public safety officer.
(b) The home address and home
telephone number of the public safety officer contained in records of the
Department of Public Safety Standards and Training.
(c) The name of the public safety
officer contained in county real property assessment or taxation records. This
exemption:
(A) Applies only to the name of the
public safety officer and any other owner of the property in connection with a
specific property identified by the officer in a request for exemption from
disclosure;
(B) Applies only to records that may
be made immediately available to the public upon request in person, by
telephone or using the Internet;
(C) Applies until the public safety
officer requests termination of the exemption;
(D) Does not apply to disclosure of
records among public bodies as defined in ORS 174.109 for governmental
purposes; and
(E) May not result in liability for
the county if the name of the public safety officer is disclosed after a
request for exemption from disclosure is made under this subsection.
(32) Unless the public records request
is made by a financial institution, as defined in ORS 706.008, consumer finance
company licensed under ORS chapter 725, mortgage banker or mortgage broker
licensed under ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapter 59,
or title company for business purposes, records described in paragraph (a) of
this subsection, if the exemption from disclosure of the records is sought by
an individual described in paragraph (b) of this subsection using the procedure
described in paragraph (c) of this subsection:
(a) The home address, home or cellular
telephone number or personal electronic mail address contained in the records
of any public body that has received the request that is set forth in:
(A) A warranty deed, deed of trust,
mortgage, lien, deed of reconveyance, release, satisfaction, substitution of
trustee, easement, dog license, marriage license or military discharge record
that is in the possession of the county clerk; or
(B) Any public record of a public body
other than the county clerk.
(b) The individual claiming the
exemption from disclosure must be a district attorney, a deputy district
attorney, the Attorney General or an assistant attorney general, the United
States Attorney for the District of Oregon or an assistant United States
attorney for the District of Oregon, a city attorney who engages in the
prosecution of criminal matters or a deputy city attorney who engages in the
prosecution of criminal matters.
(c) The individual claiming the exemption
from disclosure must do so by filing the claim in writing with the public body
for which the exemption from disclosure is being claimed on a form prescribed
by the public body. Unless the claim is filed with the county clerk, the claim
form shall list the public records in the possession of the public body to
which the exemption applies. The exemption applies until the individual
claiming the exemption requests termination of the exemption or ceases to
qualify for the exemption.
(33) Land management plans required
for voluntary stewardship agreements entered into under ORS 541.423.
(34) Sensitive business records or
financial or commercial information of the State Accident Insurance Fund
Corporation that is not customarily provided to business competitors. This
exemption does not:
(a) Apply to the formulas for
determining dividends to be paid to employers insured by the State Accident
Insurance Fund Corporation;
(b) Apply to contracts for
advertising, public relations or lobbying services or to documents related to
the formation of such contracts;
(c) Apply to group insurance contracts
or to documents relating to the formation of such contracts, except that
employer account records shall remain exempt from disclosure as provided in ORS
192.502 (35); or
(d) Provide the basis for opposing the
discovery of documents in litigation pursuant to the applicable rules of civil
procedure.
(35) Records of the Department of
Public Safety Standards and Training relating to investigations conducted under
ORS 181.662 or 181.878 (6), until the department issues the report described in
ORS 181.662 or 181.878.
(36) A medical examiner’s report,
autopsy report or laboratory test report ordered by a medical examiner under
ORS 146.117.
SECTION 69. ORS 192.501, as amended
by section 3, chapter 455, Oregon Laws 2005, section 7, chapter 608, Oregon
Laws 2007, section 2, chapter 687, Oregon Laws 2007, section 2, chapter 48,
Oregon Laws 2008, section 3, chapter 57, Oregon Laws 2009, section 2, chapter
135, Oregon Laws 2009, section 4, chapter 222, Oregon Laws 2009, and section 2,
chapter 769, Oregon Laws 2009, 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]
public university listed in ORS 352.002, 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) 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) 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) 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) Social Security numbers as
provided in ORS 107.840.
(29) The electronic mail address of a
student who attends a [state institution
of higher education] public university listed in ORS 352.002 or
Oregon Health and Science University.
(30) If requested by a public safety
officer, as defined in ORS 181.610:
(a) The home address and home
telephone number of the public safety officer contained in the voter
registration records for the public safety officer.
(b) The home address and home
telephone number of the public safety officer contained in records of the
Department of Public Safety Standards and Training.
(c) The name of the public safety
officer contained in county real property assessment or taxation records. This
exemption:
(A) Applies only to the name of the
public safety officer and any other owner of the property in connection with a
specific property identified by the officer in a request for exemption from
disclosure;
(B) Applies only to records that may
be made immediately available to the public upon request in person, by
telephone or using the Internet;
(C) Applies until the public safety
officer requests termination of the exemption;
(D) Does not apply to disclosure of
records among public bodies as defined in ORS 174.109 for governmental
purposes; and
(E) May not result in liability for
the county if the name of the public safety officer is disclosed after a
request for exemption from disclosure is made under this subsection.
(31) Unless the public records request
is made by a financial institution, as defined in ORS 706.008, consumer finance
company licensed under ORS chapter 725, mortgage banker or mortgage broker licensed
under ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapter 59, or title
company for business purposes, records described in paragraph (a) of this
subsection, if the exemption from disclosure of the records is sought by an
individual described in paragraph (b) of this subsection using the procedure
described in paragraph (c) of this subsection:
(a) The home address, home or cellular
telephone number or personal electronic mail address contained in the records
of any public body that has received the request that is set forth in:
(A) A warranty deed, deed of trust,
mortgage, lien, deed of reconveyance, release, satisfaction, substitution of
trustee, easement, dog license, marriage license or military discharge record
that is in the possession of the county clerk; or
(B) Any public record of a public body
other than the county clerk.
(b) The individual claiming the
exemption from disclosure must be a district attorney, a deputy district
attorney, the Attorney General or an assistant attorney general, the United
States Attorney for the District of Oregon or an assistant United States
attorney for the District of Oregon, a city attorney who engages in the
prosecution of criminal matters or a deputy city attorney who engages in the
prosecution of criminal matters.
(c) The individual claiming the
exemption from disclosure must do so by filing the claim in writing with the
public body for which the exemption from disclosure is being claimed on a form
prescribed by the public body. Unless the claim is filed with the county clerk,
the claim form shall list the public records in the possession of the public
body to which the exemption applies. The exemption applies until the individual
claiming the exemption requests termination of the exemption or ceases to
qualify for the exemption.
(32) Land management plans required
for voluntary stewardship agreements entered into under ORS 541.423.
(33) Sensitive business records or
financial or commercial information of the State Accident Insurance Fund
Corporation that is not customarily provided to business competitors. This
exemption does not:
(a) Apply to the formulas for
determining dividends to be paid to employers insured by the State Accident
Insurance Fund Corporation;
(b) Apply to contracts for advertising,
public relations or lobbying services or to documents related to the formation
of such contracts;
(c) Apply to group insurance contracts
or to documents relating to the formation of such contracts, except that
employer account records shall remain exempt from disclosure as provided in ORS
192.502 (35); or
(d) Provide the basis for opposing the
discovery of documents in litigation pursuant to the applicable rules of civil
procedure.
(34) Records of the Department of
Public Safety Standards and Training relating to investigations conducted under
ORS 181.662 or 181.878 (6), until the department issues the report described in
ORS 181.662 or 181.878.
(35) A medical examiner’s report,
autopsy report or laboratory test report ordered by a medical examiner under
ORS 146.117.
SECTION 70. ORS 205.450 is amended to
read:
205.450. As used in ORS 205.450 to
205.470:
(1) “Encumbrance” means a claim, lien,
charge or liability attached to and binding property.
(2) “Encumbrance claimant” means a
person who purportedly benefits from the filing of an encumbrance.
(3) “Federal official or employee” has
the meaning given the term “employee of the government” in the Federal Tort
Claims Act (28 U.S.C. 2671).
(4) “Filing” includes filing or
recording.
(5) “Invalid claim of encumbrance”
means a claim of encumbrance that is not a valid claim of encumbrance.
(6) “Property” includes, but is not
limited to, real and personal property.
(7) “State or local official or
employee” means an appointed or elected official, employee or agent of:
(a) A branch of government of this
state or a state agency, board, commission or department of a branch of
government of this state;
(b) A [state institution of higher education] public university listed
in ORS 352.002;
(c) A community college or local
school district in this state;
(d) A city, county or other political
subdivision in this state; or
(e) A public corporation in this
state.
(8) “Valid claim of encumbrance” is an
encumbrance that:
(a) Is an encumbrance authorized by statute;
(b) Is a consensual encumbrance
recognized under the laws of this state; or
(c) Is an equitable, constructive or
other encumbrance imposed by a court of competent jurisdiction.
SECTION 71. ORS 205.455 is amended to
read:
205.455. (1) No person or county shall
accept for filing an invalid claim of encumbrance.
(2) No person or county shall accept
for filing a claim of encumbrance against the property of a federal official or
employee or a state or local official or employee based on the performance or
nonperformance of the official duties of the official or employee unless
accompanied by an order from a court of competent jurisdiction authorizing the
filing of the encumbrance.
(3) A claim of encumbrance against the
property of a federal official or employee or a state or local official or
employee based on the performance or nonperformance of the official duties of
the official or employee that is not accompanied by an order from a court of
competent jurisdiction is an invalid claim of encumbrance and has no legal
effect.
(4) If an invalid claim of encumbrance
against the property of a federal official or employee or against the property
of a state or local official or employee is accepted for filing, the filing
officer shall accept for filing a notice of invalid encumbrance signed and
submitted by:
(a) The assistant United States
attorney representing the federal agency of which the individual is an official
or employee;
(b) The assistant attorney general
representing the state official, employee or agent, or the state agency, board,
commission, department or [state
institution of higher education] public university listed in ORS 352.002
of which the individual is an official, employee or agent; or
(c) The attorney representing the
community college or local school district, political subdivision or public
corporation of which the individual is an official, employee or agent.
(5) A notice of invalid encumbrance
shall be in substantially the following form:
______________________________________________________________________________
NOTICE OF
INVALID ENCUMBRANCE
FILED AGAINST
_________(Insert
name)
(ORS 205.455)
_________ IS A _________
(Name) (Title)
NOTICE is hereby given that the
document entitled_________, purporting to create an obligation against or an
interest in the real or personal property of the person named above, filed
and/or signed by _________ (insert name), and filed or recorded in
book/reel/volume No. ____on page ____ or document/fee/file/
instrument/microfilm No. ____in the _________ (insert name of office where
document was filed or recorded), is an invalid claim of encumbrance under ORS
205.450 and 205.455.
No order from a court of competent
jurisdiction authorizing the filing of such encumbrance accompanied the filing and,
pursuant to ORS 205.455, the encumbrance has no legal effect and is invalid.
A copy of this Notice of Invalid
Encumbrance has been mailed this day by depositing a true copy of the notice in
the United States mail, addressed to _________ (name and address of encumbrance
claimant), the last-known address of _________ (insert name of encumbrance
claimant).
DATED this ___ day of ______, ___.
___________________
Attorney for _________
SUBSCRIBED AND
SWORN to before me this ___ day of _________, ___.
___________________.
NOTARY PUBLIC
FOR OREGON
My commission
expires: ______
______________________________________________________________________________
(6) A copy of the notice of invalid
encumbrance filed under this section shall be posted at the county courthouse
and mailed by the attorney to the encumbrance claimant at the encumbrance
claimant’s last-known address, if available.
(7) No person or county shall be
liable under this section for accepting for filing an invalid claim of
encumbrance or for accepting for filing a notice of invalid encumbrance.
(8) Filing a notice of invalid
encumbrance under this section shall clear title to all property that is
affected by the claim of encumbrance that is the subject of the notice of
invalid encumbrance from all claims, liens, charges or liabilities attached to
the property under the claim of encumbrance.
SECTION 72. ORS 238.005, as amended
by section 8, chapter 1, Oregon Laws 2010, 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) “Institution of higher
education” means a public university listed in ORS 352.002, the Oregon Health
and Science University and a community college, as defined in ORS 341.005.
[(12)(a)]
(13)(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)]
(14)(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)]
(15) “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)]
(16) “Pension” means annual payments for life derived from contributions
by one or more public employers.
[(16)]
(17) “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)]
(18) “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)]
(19) “Prior service credit” means credit provided under ORS 238.442 or
under ORS 238.225 (2) to (6) (1999 Edition).
[(19)]
(20) “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)]
(21) “Retirement credit” means a period of time that is treated as
creditable service for the purposes of this chapter.
[(21)(a)]
(22)(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 described in
section 7, chapter 1, Oregon Laws 2010; 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] public
universities of the Oregon University System 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)]
(23) “School year” means the period beginning July 1 and ending June 30
next following.
[(23)]
(24) “System” means the Public Employees Retirement System.
[(24)]
(25) “Vested” means being an active member of the system in each of five
calendar years.
[(25)]
(26) “Volunteer firefighter” means a firefighter whose position normally
requires less than 600 hours of service per year.
SECTION 72a. ORS 238.148 is amended
to read:
238.148. (1) A member of the Public
Employees Retirement System who is a police officer is entitled to receive
retirement credit as provided in subsection (2) of this section if:
(a) The member was employed as a
public safety officer by another state, or political subdivision of another
state, before being employed in a position that entitled the member to credit
in the system; and
(b) The member makes the payment
required by subsection (2) of this section within the time specified by that
subsection.
(2) Except as provided in subsection
(3) of this section, a member of the system employed as a police officer who
meets the requirements of subsection (1) of this section is entitled to receive
retirement credit for the period of the member’s service with another state, or
political subdivision of another state, not to exceed a maximum of four years,
if the member within 90 days of the member’s effective date of retirement:
(a) Applies in writing to the Public
Employees Retirement Board for such retirement credit;
(b) Provides written verification to
the board from the other state, or political subdivision of the other state,
that employed the member, verifying the period of time that the member served
as a public safety officer in the other state; and
(c) Pays to the board, in a lump sum,
for each year of retirement credit applied for under this section, an amount
determined by the board to represent the full cost to the system of providing
the retirement credit to the member, including all administrative costs
incurred by the system in processing the application for acquisition of the
retirement credit.
(3) A member may not receive
retirement credit under the provisions of this section for any period of
service with another state, or political subdivision of another state, if the
member is entitled to a pension or retirement allowance by reason of that
service under a public plan or system offered by the other state or by a
political subdivision of the other state.
(4) For the purposes of this section, “public
safety officer” means a person who serves in a position with another state, or
political subdivision of another state, that is the other state’s equivalent of
a position described in ORS 238.005 [(16)]
(17).
SECTION 73. ORS 238.300 is amended to
read:
238.300. Upon retiring from service at
normal retirement age or thereafter, a member of the system shall receive a
service retirement allowance which shall consist of the following annuity and
pensions:
(1) A refund annuity which shall be
the actuarial equivalent of accumulated contributions, if any, by the member
and interest thereon credited at the time of retirement, which annuity shall
provide an allowance payable during the life of the member and at death a lump
sum equal in amount to the difference between accumulated contributions at the
time of retirement and the sum of the annuity payments actually made to the
member during life shall be paid to such person, if any, as the member
nominates by written designation duly acknowledged and filed with the board or
shall otherwise be paid according to the provisions of this chapter for
disposal of an amount credited to the member account of a member at the time of
death in the event the member designates no beneficiary to receive the amount
or no such beneficiary is able to receive the amount. If death of the member
occurs before the first payment is due, the member account of the member shall
be treated as though death had occurred before retirement.
(2)(a) A life pension (nonrefund) for
current service provided by the contributions of employers, which pension,
subject to paragraph (b) of this subsection, shall be an amount which, when
added to the sum of the annuity, if any, under subsection (1) of this section
and the annuity, if any, provided on the same basis and payable from the
Variable Annuity Account, both annuities considered on a refund basis, results
in a total of:
(A) For service as a police officer or
firefighter, two percent of final average salary multiplied by the number of
years of membership in the system as a police officer or firefighter before the
effective date of retirement.
(B) For service as other than a police
officer or firefighter, including service as a member of the Legislative
Assembly, 1.67 percent of final average salary multiplied by the number of
years of membership in the system as other than a police officer or firefighter
before the effective date of retirement.
(b) A pension under this subsection
shall be at least:
(A) For a member who first establishes
membership in the system before July 1, 2003, the actuarial equivalent of the
annuity provided by the accumulated contributions of the member. A person
establishes membership in the system before July 1, 2003, for the purposes of
this subparagraph if:
(i) The person is a member of the
system, or a judge member of the system, on the day immediately before July 1,
2003; or
(ii) The person performed any period
of service for a participating public employer before July 1, 2003, that is credited
to the six-month period of employment required of an employee under ORS 238.015
before an employee may become a member of the system.
(B) For a member who made
contributions before August 21, 1981, the equivalent of a pension computed
pursuant to this subsection as it existed immediately before that date.
(c) As used in this subsection, “number
of years of membership” means the number of full years of creditable service
plus any remaining fraction of a year of creditable service. Except as otherwise
provided in this paragraph, in determining a remaining fraction a full month
shall be considered as one-twelfth of a year and a major fraction of a month
shall be considered as a full month. Membership of a school district employee,
an employee of [the State Board of Higher
Education] an institution of higher education engaged in teaching or
other school activity [at an institution
of higher education] or an employee of the Department of Human Services,
the Oregon Youth Authority, the Department of Corrections or the State Board of
Education engaged in teaching or other school activity at an institution
supervised by the authority, board or department, for all portions of a school
year in a calendar year in which the district school, institution of higher
education or school activity at an institution so supervised in which the
member is employed is normally in session shall be considered as a full
one-half year of membership. The number of years of membership of a member who
received a refund of contributions as provided in ORS 237.976 (2) is limited to
the number of years after the day before the date on which the refund was
received. The number of years of membership of a member who is separated, for
any reason other than death or disability, from all service entitling the
member to membership in the system, who withdraws the amount credited to the
member account of the member in the fund during absence from such service and
who thereafter reenters the service of an employer participating in the system but
does not repay the amount so withdrawn as provided in this chapter, is limited
to the number of years after the day before the date of so reentering.
(3) An additional life pension
(nonrefund) for prior service credit, including military service, credited to
the member at the time of first becoming a member of the system, as elsewhere
provided in this chapter, which pension shall be provided by the contributions
of the employer.
SECTION 74. ORS 238.350 is amended to
read:
238.350. (1)(a) Upon the request by a
public employer that its employees be compensated for accumulated unused sick
leave with pay in the form of increased retirement benefits upon service or
disability retirement, the board shall establish a procedure for adding to the
gross amount of salary used in determining final average salary the monetary
value of one-half of the accumulated unused sick leave with pay of each
retiring employee of the requesting public employer and shall establish
benefits of the retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a common school
district, a union high school district, an education service district or [a community college, or employees of the
State Board of Higher Education] an institution of higher education
engaged in teaching or other school activity [at an institution of higher education], or employees of the school
operated under ORS 346.010 engaged in teaching or other school activity, who
are employed under contract for a period of less than 12 consecutive months and
who are entitled to sick leave with pay of less than 96 hours for a year, each
hour of accumulated unused sick leave with pay shall be valued on the basis of
the actual number of contract hours of employment during the last year of
contributing membership of an employee before retiring and the salary of the
employee during the same period. This paragraph does not apply to any employee
who is employed under contract for 12 consecutive months in any of the three or
less years used in determining the final average salary of the employee.
(c) For the purpose of this
subsection, accumulated unused sick leave with pay includes unused sick leave
with pay accumulated by an active member of the system while in the service of
any public employer participating in the system that has the request described
in paragraph (a) of this subsection in effect at the time of the member’s
separation from the service of the employer, whether that employer is or is not
the employer of the member at the time of the member’s retirement.
(d) The board shall establish rules
requiring all public employers participating in the system to transmit to the
board reports of unused sick leave with pay accumulated by their employees who
are members of the system and to provide timely notification to each of those
employees of unused sick leave with pay accumulated by the employee and
reported to the board.
(2) Accumulated unused sick leave with
pay may be considered for the purpose of subsection (1) of this section only in
accordance with the following requirements:
(a) Sick leave not credited at the
rate actually provided by the public employer may not be considered. The amount
of sick leave exceeding an amount credited at the lowest rate in effect for any
employee of the public employer who is normally entitled to sick leave, and in
any event exceeding an amount credited at a rate of eight hours for each full
month worked, may not be considered.
(b) Sick leave credited for periods
when an employee was absent from employment on sabbatical leave, educational
leave or any leave without pay may not be considered.
(c) Any period during which an
employee was absent from employment for illness or injury that was charged
against sick leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
(d) Sick leave for any period for
which the public employer provides no sick leave with pay for its employees may
not be considered.
(e) Sick leave accumulated on and
after July 1, 1973, may be considered only to the extent it is supported by
records of accumulation and use pursuant to a plan adopted formally by the
public employer.
(f) Accumulated unused sick leave for
periods before July 1, 1973, may be considered as follows:
(A) If any department, bureau or other
organizational unit of a public employer maintained formal records of
accumulation and use even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be considered according
to those records.
(B) Where the public employer provided
sick leave before July 1, 1973, but formal records of accumulation and use were
not required or if required, are unavailable or incomplete, or the sick leave
was subject to administrative limitations on total accumulation or transfer
between public employers, accumulated unused sick leave for periods before July
1, 1973, may be considered as equal to 2.675 hours for each full month worked
or an amount per month equal to the average monthly accumulation by an employee
during the period beginning July 1, 1973, and ending at the time of retirement,
whichever amount is greater, but reduced by the amount of any accumulated
unused sick leave credited to the employee on July 1, 1973.
(g) The written certification of a
member or former member of the Legislative Assembly shall constitute a formal
record of accumulation and use in determining the amount of accumulated unused
sick leave of an employee of the Legislative Assembly, either of its houses or any
of its committees or officers for periods of employment before July 1, 1981.
Sick leave accumulated on and after July 1, 1981, by employees of the
Legislative Assembly, either of its houses or any of its committees or officers
may be considered only to the extent it is supported by records of accumulation
and use maintained by the Legislative Administration Committee, or any
statutory, standing, special or interim committee of the Legislative Assembly
or either house thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan adopted
formally by the committee or officer.
(3)(a) As used in this subsection, “legislative
employee” means any person employed by the Legislative Assembly, either of its
houses or any of its committees or officers, but does not include a regular
employee of a statutory committee or statutory office of the Legislative
Assembly described in ORS 173.005 (1).
(b) Upon the request of a retiring
legislative employee who is a member of the system, and the request of the
public employer of the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods of legislative
employment in the form of increased retirement benefits upon service or
disability retirement, the board shall add to the gross amount of salary used
in determining final average salary of the legislative employee the monetary
value of one-half of the accumulated unused vacation with pay of the legislative
employee and shall establish the benefits of the legislative employee on the
basis of a final average salary reflecting that addition.
(c) Accumulated unused vacation with
pay may be considered for the purposes of paragraph (b) of this subsection only
in accordance with the following requirements:
(A) Vacation not credited at the rate
actually provided by the public employer may not be considered.
(B) Amounts of vacation exceeding
amounts creditable to employees in the classified service of the state service
pursuant to ORS 240.515 (1), and rules adopted pursuant thereto, in effect on
June 30, 1981, shall not be considered.
(C) Vacation accumulated before, on
and after July 1, 1981, may be considered only to the extent it is supported by
records of accumulation and use pursuant to a plan adopted formally by the
public employer. However, the written certification of a member or former
member of the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated unused vacation
of a legislative employee for periods of legislative employment before July 1,
1981.
(4) Employers with plans providing
payments on account of sickness in lieu of sick leave with pay may request the
board to consider the monetary value of accumulated unused payments on account
of sickness as if such payments were an equivalent amount of accumulated unused
sick leave with pay under the same terms and conditions specified in
subsections (1) and (2) of this section.
SECTION 74a. ORS 238.580 is amended
to read:
238.580. (1) ORS 238.005 (3) and [(21)] (22), 238.025, 238.078,
238.082, 238.092, 238.115 (1), 238.250, 238.255, 238.260, 238.350, 238.380,
238.410, 238.415, 238.420, 238.445, 238.458, 238.460, 238.465, 238.475,
238.600, 238.605, 238.610, 238.618, 238.630, 238.635, 238.645, 238.650,
238.655, 238.660, 238.665, 238.670 and 238.705 and the increases provided by
ORS 238.385 for members of the system who are serving as other than police
officers or firefighters apply in respect to service as a judge member.
(2) This chapter applies in respect to
persons described in ORS 238.505 (1) and in respect to service as a judge
member only as specifically provided in ORS 238.500 to 238.585.
SECTION 74b. ORS 238.608 is amended
to read:
238.608. (1) The Public Employees
Retirement Board shall conduct a study of the life expectancy of members of the
Public Employees Retirement System in the categories described in subsection
(2) of this section. If the board determines that members in the categories
described in subsection (2) of this section have a life expectancy that is
substantially shorter than the life expectancy of members of the system
generally, the board shall adopt and use separate actuarial equivalency factor
tables under ORS 238.607 for the purpose of computing the payments to be made
to members in the categories described in subsection (2) of this section and to
the beneficiaries and alternate payees of those members. Any actuarial
equivalency factor tables adopted under this section shall first become
effective January 1, 2005.
(2) The provisions of this section
apply to members of the system who are defined as firefighters under ORS
238.005 (9) or as police officers under ORS 238.005 [(16)(a)] (17)(a), (b), (d), (e), (f), (k), (L), (n), (o) or
(p).
SECTION 75. ORS 238A.005, as amended
by section 9, chapter 1, Oregon Laws 2010, and section 1, chapter 82, Oregon
Laws 2010, 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 Oregon Business Development Department who live and perform services in
foreign countries under the provisions of ORS 285A.075 (1)(g);
(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) “Institution of higher
education” means a public university listed in ORS 352.002, the Oregon Health
and Science University or a community college, as defined in ORS 341.005.
[(10)]
(11) “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)]
(12) “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)]
(13) “Pension program” means the defined benefit pension program of the
Oregon Public Service Retirement Plan established under ORS 238A.025.
[(13)]
(14) “Police officer” means a police officer as described in ORS
238.005.
[(14)]
(15) “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)]
(16) “Retired member” means a pension program member who is receiving a
pension as provided in ORS 238A.180 to 238A.195.
[(16)(a)]
(17)(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 December 31, 2009.
(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 December 31, 2009.
(E) Retroactive payments described in
section 7, chapter 1, Oregon Laws 2010.
(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] public
universities of the Oregon University System 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)]
(18) “System” means the Public Employees Retirement System.
SECTION 75a. ORS 238A.140 is amended
to read:
238A.140. (1) An active member of the
pension program accrues one year of retirement credit for each complete year of
service and one-twelfth of a year of retirement credit for each full month and
each major fraction of a month of service.
(2) An active member who is a school
employee shall be credited with at least six months of retirement credit if the
member performs service for a major fraction of each month of a school year
that falls between January 1 and June 30, and at least six months of retirement
credit if the member performs service for a major fraction of each month of a
school year that falls between July 1 and December 31.
(3) 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.
(4) A member may not accrue more than
one full year of retirement credit in any calendar year.
(5) 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] an institution of higher education
who is engaged in teaching or other school activity [at an institution of higher education]; and
(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 76. ORS 243.105 is amended to
read:
243.105. As used in ORS 243.105 to
243.285, unless the context requires otherwise:
(1) “Benefit plan” includes, but is
not limited to:
(a) Contracts for insurance or other
benefits, including medical, dental, vision, life, disability and other health
care recognized by state law, and related services and supplies;
(b) Comparable benefits for employees
who rely on spiritual means of healing; and
(c) Self-insurance programs managed by
the Public Employees’ Benefit Board.
(2) “Board” means the Public Employees’
Benefit Board.
(3) “Carrier” means an insurance
company or health care service contractor holding a valid certificate of
authority from the Director of the Department of Consumer and Business
Services, or two or more companies or contractors acting together pursuant to a
joint venture, partnership or other joint means of operation, or a
board-approved guarantor of benefit plan coverage and compensation.
(4)(a) “Eligible employee” means an
officer or employee of a state agency who elects to participate in one of the
group benefit plans described in ORS 243.135. The term includes state officers
and employees in the exempt, unclassified and classified service, and state
officers and employees, whether or not retired, who:
(A) Are receiving a service retirement
allowance, a disability retirement allowance or a pension under the Public
Employees Retirement System or are receiving a service retirement allowance, a
disability retirement allowance or a pension under any other retirement or
disability benefit plan or system offered by the State of Oregon for its
officers and employees;
(B) Are eligible to receive a service
retirement allowance under the Public Employees Retirement System and have
reached earliest retirement age under ORS chapter 238;
(C) Are eligible to receive a pension
under ORS 238A.100 to 238A.245, and have reached earliest retirement age as
described in ORS 238A.165; or
(D) Are eligible to receive a service
retirement allowance or pension under another retirement benefit plan or system
offered by the State of Oregon and have attained earliest retirement age under
the plan or system.
(b) “Eligible employee” does not
include individuals:
(A) Engaged as independent
contractors;
(B) Whose periods of employment in
emergency work are on an intermittent or irregular basis;
(C) Who are employed on less than
half-time basis unless the individuals are employed in positions classified as
job-sharing positions, unless the individuals are defined as eligible under
rules of the board;
(D) Appointed under ORS 240.309;
(E) Provided sheltered employment or
make-work by the state in an employment or industries program maintained for
the benefit of such individuals; or
(F) Provided student health care
services in conjunction with their enrollment as students at [the state institutions of higher education]
a public university listed in ORS 352.002.
(5) “Family member” means an eligible
employee’s spouse and any unmarried child or stepchild within age limits and
other conditions imposed by the board with regard to unmarried children or
stepchildren.
(6) “Payroll disbursing officer” means
the officer or official authorized to disburse moneys in payment of salaries
and wages of employees of a state agency.
(7) “Premium” means the monthly or
other periodic charge for a benefit plan.
(8) “State agency” means every state
officer, board, commission, department or other activity of state government.
SECTION 77. ORS 243.107 is amended to
read:
243.107. A person employed by a [state institution of higher education]
public university listed in ORS 352.002 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 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 institution of higher
education and is employed as a graduate teaching assistant, graduate research
assistant or a fellow at the institution 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 78. ORS 243.778 is amended to
read:
243.778. (1) When an appropriate
bargaining unit includes members of the faculty of [an institution of higher education] a public university listed
in ORS 352.002, the duly organized and recognized entity of student
government at that [institution] university
may designate three representatives to meet and confer with the public employer
of those members of the faculty and the exclusive representative of that
appropriate bargaining unit prior to collective bargaining.
(2) During the course of collective
bargaining between the public employer and the exclusive representative
described in subsection (1) of this section, the representatives of student
government designated under subsection (1) of this section shall:
(a) Be allowed to attend and observe
all meetings between the public employer and the exclusive representative at
which collective bargaining occurs;
(b) Have access to all written
documents pertaining to the collective bargaining negotiations exchanged by the
public employer and the exclusive representative, including copies of any
prepared written transcripts of the bargaining session;
(c) Be allowed to comment in good
faith during the bargaining sessions upon matters under consideration; and
(d) Be allowed to meet and confer with
the exclusive representative and the public employer regarding the terms of an
agreement between them prior to the execution of a written contract
incorporating that agreement.
(3) Rules regarding confidentiality
and release of information shall apply to student representatives in the same
manner as employer and employee bargaining unit representatives.
(4) As used in this section,[:]
[(a)
“Institution of higher education” means an institution under the control of the
State Board of Higher Education.]
[(b)]
“meet and confer” means the performance of the mutual obligation of the
representatives of student government designated under subsection (1) of this
section, the exclusive representative and the public employer, or any two of
them, to meet at the request of one of them at reasonable times at a place
convenient to all to conduct in good faith an interchange of views concerning
the duties of each under this section, employment relations of the faculty, the
negotiation of an agreement and the execution of a written agreement.
SECTION 79. ORS 243.910 is amended to
read:
243.910. As used in ORS 243.910 to 243.945:
(1) “Board” means the State Board of
Higher Education for all [institutions
under the jurisdiction of that board as set forth] public universities
listed in ORS 352.002, and for the Oregon Health and Science University
means the Oregon Health and Science University Board of Directors.
(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 80. ORS 243.956 is amended to
read:
243.956. (1) A person is eligible for
an award of benefits from the Public Safety Memorial Fund if the person:
(a)(A) Is a family member, parent or
designee of a public safety officer who has suffered a qualifying death or
disability; or
(B) Is a public safety officer who has
suffered a qualifying disability; and
(b) Has submitted an initial
application for an award of benefits under ORS 243.958.
(2) Notwithstanding subsection (1) of
this section, a person is not eligible for an award of benefits if:
(a) The person’s actions were a
substantial contributing factor to the qualifying death or disability of the
public safety officer;
(b) The public safety officer’s
intentional misconduct caused the qualifying death or disability;
(c) The public safety officer intended
to bring about the officer’s qualifying death or disability;
(d) The public safety officer was
voluntarily intoxicated at the time of the injury that caused the qualifying
death or disability; or
(e) The public safety officer was
performing the officer’s duties in a grossly negligent manner at the time of
the injury that caused the qualifying death or disability.
(3) If a person who is eligible for an
award of benefits under subsection (1) of this section is younger than 18 years
of age or is incompetent, another person may file the application for an award
of benefits on behalf of the eligible person.
(4) Within 14 days after receipt of a
notice under ORS 243.974 or entry of an order under ORS 243.964 awarding
benefits based on an initial application, whichever occurs later, the Public
Safety Memorial Fund Board shall pay a lump sum amount of $25,000:
(a) If a designation of beneficiary
form has been completed under ORS 243.974 (1), to the designee of a public
safety officer who suffered a qualifying death;
(b) If a designation of beneficiary
form has not been completed, in the manner described under ORS 243.969, to a
family member or parent of a public safety officer who suffered a qualifying
death; or
(c) To the public safety officer who
suffered a qualifying disability.
(5) If alternative coverage is not
provided, the board may award benefits to the family members of a public safety
officer or, if a designation of beneficiary form has been completed under ORS
243.974 (1), to the designee, children and dependents of a public safety
officer who has suffered a qualifying death or disability in an amount
sufficient to allow the recipients to purchase health and dental insurance
comparable to that provided by the public safety officer:
(a) For five years or until the spouse
remarries, whichever occurs first;
(b) Until a child or a dependent
attains 18 years of age or, if the child or the dependent is attending school,
23 years of age; and
(c) For five years for a designee who
is not a person described in paragraph (a) or (b) of this subsection, or until
the designee marries, whichever occurs first.
(6) If alternative coverage is not
provided, the board may award benefits for five years to a public safety
officer who has suffered a qualifying disability in an amount sufficient to
allow the public safety officer to purchase health and dental insurance
comparable to the health and dental insurance coverage that the public safety officer
had immediately prior to the qualifying disability.
(7) The board may award benefits to an
eligible spouse or designee of a public safety officer who has suffered a
qualifying death or to a public safety officer who has suffered a qualifying
disability in an amount up to the equivalent of 12 monthly mortgage payments on
the residence of the public safety officer or the spouse or designee of the
public safety officer if there is no mortgage insurance to cover the cost.
(8)(a) The board may award scholarships
for a graduate program of higher education to:
(A) A family member of a public safety
officer who has suffered a qualifying death or disability;
(B) If a designation of beneficiary
form has been completed under ORS 243.974 (1), to the designee, children and
dependents of a public safety officer who suffered a qualifying death or
disability; or
(C) To a public safety officer who has
suffered a qualifying disability.
(b) In determining the amount of a
scholarship, the board shall consider the person’s financial need, the funds
available in the Public Safety Memorial Fund and the anticipated demands on the
fund. The board may not grant a scholarship in an amount exceeding the highest
tuition charged by a [state institution
of higher education] public university listed in ORS 352.002 for a
graduate program.
(9) A family member, a designee or a
public safety officer is eligible to apply for a scholarship under subsection
(8) of this section only if the family member, designee or public safety officer:
(a) Has exhausted the education
benefits available under 28 C.F.R., Part 32, subpart B;
(b) Applies for the scholarship within
one year from the date of exhaustion of the education benefits under paragraph
(a) of this subsection; and
(c) Has applied for other available
public education benefits.
(10) If a person described in
subsection (8) of this section is ineligible to receive education benefits
under 28 C.F.R., Part 32, subpart B, if funds for education benefits are
unavailable under those provisions or if the education benefit program under
those provisions no longer exists, the person may apply to the board for a
scholarship for an undergraduate program. Scholarships for only undergraduate
degrees may be awarded to a person under this subsection. The board may not
grant a scholarship under this subsection in an amount exceeding the highest
tuition charged by a [state institution
of higher education] public university listed in ORS 352.002 for an
undergraduate program.
(11)(a) A person may apply for a
scholarship under subsection (10) of this section at any time up to:
(A) Five years after the date on which
the applicant graduated from high school if:
(i) The applicant was a minor at the
time the public safety officer suffered a qualifying death or disability; and
(ii) An application for an award of
some type of benefits was filed by a person described in subsection (8) of this
section;
(B) The date the applicant remarries,
if the applicant is the surviving spouse of a public safety officer who
suffered a qualifying death, or the date the applicant divorces the public
safety officer, if the applicant is the spouse of a public safety officer who
suffered a qualifying disability; or
(C) Five years after the date of the
injury that caused the disability, if the applicant is a public safety officer
who suffered a qualifying disability or is a designee who is not a family
member.
(b) The board may extend the time
period for applying for a scholarship under subsection (10) of this section.
(12) If the family member, designee or
public safety officer who is awarded a scholarship under this section is
receiving other public education benefits, the amount of the scholarship
awarded to the family member, designee or public safety officer shall be reduced
by the amount of the other public education benefits.
SECTION 81. 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 Ethics
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 any pro tem judicial officer
who does not otherwise serve as a judicial officer.
(c) Any candidate for a public 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] public university listed in ORS 352.002.
(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 Ethics Commission.
(V) Director of the State Department
of Energy.
(W) Director and each assistant
director of the Oregon State Lottery.
(X) Director of the Department of
Corrections.
(Y) Director of the Oregon Department
of Aviation.
(Z) Executive director of the Oregon
Criminal Justice Commission.
(AA) Director of the Oregon Business
Development Department.
(BB) Director of the Office of Emergency
Management.
(CC) Director of the Employment
Department.
(DD) Chief of staff for the Governor.
(EE) Administrator of the Office for
Oregon Health Policy and Research.
(FF) Director of the Housing and
Community Services Department.
(GG) State Court Administrator.
(HH) Director of the Department of
Land Conservation and Development.
(II) Board chairperson of the Land Use
Board of Appeals.
(JJ) State Marine Director.
(KK) Executive director of the Oregon
Racing Commission.
(LL) State Parks and Recreation
Director.
(MM) Public defense services executive
director.
(NN) Chairperson of the Public
Employees’ Benefit Board.
(OO) Director of the Department of
Public Safety Standards and Training.
[(PP)
Chairperson of the Oregon Student Assistance Commission.]
(PP) Chairperson of the Oregon
Student Access Commission.
(QQ) Executive director of the Oregon
Watershed Enhancement Board.
(RR) Director of the Oregon Youth
Authority.
(SS) Director of the Oregon Health
Authority.
(h) Any assistant in the Governor’s
office other than personal secretaries and clerical personnel.
(i) Every elected city or county
official.
(j) Every member of a city or county
planning, zoning or development commission.
(k) The chief executive officer of a
city or county who performs the duties of manager or principal administrator of
the city or county.
(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 Business 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 Ethics
Commission.
(H) Oregon Health Policy Board.
(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 Board of Directors.
(DD) Capitol Planning Commission.
(q) The following officers of the
State Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of
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 or 777.915 to
777.953.
(s) Every member of the board of
directors of an authority created under ORS 441.525 to 441.595.
(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 Oregon
Government Ethics 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 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 described in subsection (1)
of this section who was not a candidate in the preceding primary election, or
who was nominated for 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) Subsections (1) to (4) of this
section apply only to persons who are incumbent, elected or appointed public
officials as of April 15 and to persons who are candidates on April 15.
Subsections (1) to (4) of this section also apply to persons who do not become
candidates until 30 days after the filing deadline for the statewide general
election.
(6) If a statement required to be
filed under this section has not been received by the commission within five
days after the date the statement is due, the commission shall notify the
public official or candidate and give the public official or candidate not less
than 15 days to comply with the requirements of this section. If the public
official or candidate fails to comply by the date set by the commission, the
commission may impose a civil penalty as provided in ORS 244.350.
SECTION 81a. ORS 244.050, as amended
by section 81 of this 2011 Act, is amended to read:
244.050. (1) On or before April 15 of
each year the following persons shall file with the Oregon Government Ethics
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 any pro tem judicial officer
who does not otherwise serve as a judicial officer.
(c) Any candidate for a public 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 public university
listed in ORS 352.002.
(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 Ethics Commission.
(V) Director of the State Department
of Energy.
(W) Director and each assistant
director of the Oregon State Lottery.
(X) Director of the Department of
Corrections.
(Y) Director of the Oregon Department
of Aviation.
(Z) Executive director of the Oregon
Criminal Justice Commission.
(AA) Director of the Oregon Business
Development Department.
(BB) Director of the Office of
Emergency Management.
(CC) Director of the Employment
Department.
(DD) Chief of staff for the Governor.
(EE) Administrator of the Office for
Oregon Health Policy and Research.
(FF) Director of the Housing and
Community Services Department.
(GG) State Court Administrator.
(HH) Director of the Department of
Land Conservation and Development.
(II) Board chairperson of the Land Use
Board of Appeals.
(JJ) State Marine Director.
(KK) Executive director of the Oregon
Racing Commission.
(LL) State Parks and Recreation
Director.
(MM) Public defense services executive
director.
(NN) Chairperson of the Public
Employees’ Benefit Board.
(OO) Director of the Department of
Public Safety Standards and Training.
(PP) Chairperson of the Oregon Student
Access Commission.
(QQ) Executive director of the Oregon
Watershed Enhancement Board.
(RR) Director of the Oregon Youth
Authority.
(SS) Director of the Oregon Health
Authority.
(h) Any assistant in the Governor’s
office other than personal secretaries and clerical personnel.
(i) Every elected city or county
official.
(j) Every member of a city or county
planning, zoning or development commission.
(k) The chief executive officer of a
city or county who performs the duties of manager or principal administrator of
the city or county.
(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 Business 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 Ethics
Commission.
(H) Oregon Health Policy Board.
(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
Board of Directors.
(DD) Capitol Planning Commission.
(EE) Higher Education Coordinating
Commission.
(q) The following officers of the
State Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of
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 or 777.915 to
777.953.
(s) Every member of the board of
directors of an authority created under ORS 441.525 to 441.595.
(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 Oregon
Government Ethics 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 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 described in subsection (1)
of this section who was not a candidate in the preceding primary election, or
who was nominated for 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) Subsections (1) to (4) of this
section apply only to persons who are incumbent, elected or appointed public
officials as of April 15 and to persons who are candidates on April 15.
Subsections (1) to (4) of this section also apply to persons who do not become
candidates until 30 days after the filing deadline for the statewide general
election.
(6) If a statement required to be
filed under this section has not been received by the commission within five
days after the date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate not less than
15 days to comply with the requirements of this section. If the public official
or candidate fails to comply by the date set by the commission, the commission
may impose a civil penalty as provided in ORS 244.350.
SECTION 82. ORS 270.100 is amended to
read:
270.100. (1)(a) Before offering for
sale any real property or equitable interest therein owned by the state, the
state agency acting for the state in such transaction shall report its intent
of sale or transfer to the Oregon Department of Administrative Services. The
department, or the agency specifically designated by the department, shall
notify other state agencies authorized to own real property of the intended
sale or transfer to determine whether acquisition of the real property or
interest therein would be advantageous to another state agency.
(b) The department shall give
political subdivisions, as defined in ORS 271.005, the first opportunity after
other state agencies to acquire, purchase, exchange or lease real property to
be sold or disposed of by the State of Oregon. The state agency responsible for
selling or transferring the property may require at the time of the sale or
transfer that any state real property sold or transferred to a political
subdivision, as defined in ORS 271.005, shall be for use for a public purpose
or benefit, and not be for resale to a private purchaser.
(c) If property is not disposed of
under paragraph (a) or (b) of this subsection, in accordance with rules adopted
by the department, the state agency desiring to sell or transfer the property
shall cause it to be appraised by one or more competent and experienced
appraisers. Except as provided in ORS 273.825, if such property has an appraised
value exceeding $5,000 it shall not be sold to any private person except after
notice calling for such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules
to carry out the provisions of this section.
(2) Before acquisition of any real
property or interest therein by any state agency, except for highway right of
way acquired by the Department of Transportation and park properties acquired
by the State Parks and Recreation Department and property within the approved
projected campus boundaries for [institutions]
public universities of the Oregon University System, the state agency
shall report its intent of acquisition to the Oregon Department of
Administrative Services. The department shall notify other state agencies
owning land of the intended acquisition to determine whether another state
agency desires to sell or transfer property which would meet the needs of the
purchasing agency. In accordance with rules adopted by the Oregon Department of
Administrative Services, if no other state agency desires to sell or transfer
property which would meet the needs of the agency, the agency may acquire the
real property or interest therein, consistent with applicable provisions of
law.
(3) Before any terminal disposition of
real property or an interest in real property, the state agency acting for the
state in the transaction must secure approval of the transaction from the
Oregon Department of Administrative Services.
(4) Subsection (3) of this section
does not apply to terminal disposition of the following real property:
(a) Property controlled by the State
Department of Fish and Wildlife;
(b) State forestlands controlled by
the State Forestry Department;
(c) Property controlled by the
Department of Transportation;
(d) Property controlled by the
Department of State Lands;
(e) Property controlled by the Oregon
University System;
(f) Property controlled by the
legislative or judicial branches of state government; and
(g) Property controlled by the State
Parks and Recreation Department.
(5) Notwithstanding the provisions of
subsection (4) of this section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition of public land
for less than the fair market value of that land.
(6) The provisions of ORS 184.634,
270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436, 273.551
and 308A.709 (1) to (4) do not apply to a home or farm acquired, sold, or both,
by the Department of Veterans’ Affairs under ORS 88.720, 273.388, 406.050,
407.135, 407.145, 407.375 and 407.377.
SECTION 83. ORS 273.155 is amended to
read:
273.155. The Department of State
Lands, in carrying out its duties, may call upon all related state and county
agencies, including [Oregon State
University] the Oregon University System and any state or county
officers or Oregon University System employees through whom necessary
information and aid may be received. Such agencies, [institution and] officers and employees shall cooperate with
the department without additional compensation.
SECTION 84. ORS 273.785 is amended to
read:
273.785. ORS 273.551 and 273.775 to
273.790 do not apply to:
(1) Soil, clay, stone, sand and gravel
acquired or used by state agencies for the purpose of constructing or repairing
roads or other state facilities, or the proceeds from those materials.
(2) Mineral or geothermal resource
rights or proceeds from those rights acquired by the State Fish and Wildlife
Commission pursuant to an agreement with the federal government under 16 U.S.C.
669 to 669i (P.L. 75-415).
(3) Mineral or geothermal resource
rights or proceeds from those rights if other disposition is required by
federal rules or regulations or any agreement entered into at the time of
acquisition of the mineral or geothermal resource rights by the state.
(4) Proceeds of mineral and geothermal
resource rights acquired by the state pursuant to ORS 530.010 and 530.030,
other than those distributed under ORS 530.110 (1)(c).
(5) Mineral or geothermal resource
rights or proceeds from those rights acquired after January 1, 1974, for the
state by the Department of Veterans’ Affairs pursuant to ORS 88.720, 406.050
(2), 407.135 or 407.145. After consultation, the Department of State Lands and
the Department of Veterans’ Affairs shall enter into an interagency agreement
governing consultation between them concerning mineral and geothermal resource
values on properties acquired for the state by the Department of Veterans’
Affairs. The Department of Veterans’ Affairs shall adopt rules relating to the
release of mineral and geothermal rights on such properties.
(6) Mineral or geothermal resource
rights or proceeds from those rights given by a donor to any [institution,] public university or
office, department or activity under the control of the State Board of
Higher Education that are acquired or held for the state by the State Board of
Higher Education pursuant to ORS chapters 351 and 567. In managing mineral or
geothermal resource leases, the State Board of Higher Education shall consult with
the Department of State Lands in accordance with an interagency agreement
established by the department and the State Board of Higher Education governing
consultation between the department and the State Board of Higher Education and
governing management of the mineral or geothermal resources.
(7) Mineral or geothermal resource
rights or proceeds from those rights acquired and held by the Department of
Transportation. In managing mineral or geothermal resource leases, the
Department of Transportation shall enter into an intergovernmental agreement
with the Department of State Lands governing consultation between the
departments and governing management of the mineral or geothermal resources.
SECTION 85. 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] public universities listed in ORS 352.002, the Oregon
Health and Science University or a community college as defined in ORS 341.005.
SECTION 86. 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] public universities listed in ORS 352.002, the Oregon
Health and Science University, or a community college as defined in ORS
341.005.
SECTION 87. ORS 276.612 is amended to
read:
276.612. The Department of
Corrections, the Department of Human Services, the Oregon Health Authority and
the State Board of Education each shall determine the buildings to be
constructed, altered, repaired, furnished and equipped for the use of
institutions and activities under their respective jurisdictions. The State
Board of Higher Education shall determine the buildings to be constructed, altered,
repaired, furnished and equipped for the use of [institutions] public universities or offices, departments or
activities under its jurisdiction.
SECTION 88. ORS 279A.025 is amended
to read:
279A.025. (1) Except as provided in
subsections (2) to (4) of this section, the Public Contracting Code applies to
all public contracting.
(2) The Public Contracting Code does
not apply to:
(a) Contracts between a contracting
agency and:
(A) Another contracting agency;
(B) The Oregon Health and Science University;
(C) The Oregon State Bar;
(D) A governmental body of another
state;
(E) The federal government;
(F) An American Indian tribe or an
agency of an American Indian tribe;
(G) A nation, or a governmental body
in a nation, other than the United States; or
(H) An intergovernmental entity formed
between or among:
(i) Governmental bodies of this or
another state;
(ii) The federal government;
(iii) An American Indian tribe or an
agency of an American Indian tribe;
(iv) A nation other than the United
States; or
(v) A governmental body in a nation
other than the United States;
(b) Agreements authorized by ORS
chapter 190 or by a statute, charter provision, ordinance or other authority
for establishing agreements between or among governmental bodies or agencies or
tribal governing bodies or agencies;
(c) Insurance and service contracts as
provided for under ORS 414.115, 414.125, 414.135 and 414.145 for purposes of
source selection;
(d) Grants;
(e) Contracts for professional or
expert witnesses or consultants to provide services or testimony relating to
existing or potential litigation or legal matters in which a public body is or
may become interested;
(f) Acquisitions or disposals of real
property or interest in real property;
(g) Sole-source expenditures when
rates are set by law or ordinance for purposes of source selection;
(h) Contracts for the procurement or
distribution of textbooks;
(i) Procurements by a contracting
agency from an Oregon Corrections Enterprises program;
(j) The procurement, transportation or
distribution of distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control Commission;
(k) Contracts entered into under ORS
chapter 180 between the Attorney General and private counsel or special legal
assistants;
(L) Contracts for the sale of timber
from lands owned or managed by the State Board of Forestry and the State
Forestry Department;
(m) Contracts for forest protection or
forest related activities, as described in ORS 477.406, by the State Forester
or the State Board of Forestry;
(n) Sponsorship agreements entered
into by the State Parks and Recreation Director in accordance with ORS 565.080
(4);
(o) Contracts entered into by the
Housing and Community Services Department in exercising the department’s duties
prescribed in ORS chapters 456 and 458, except that the department’s public
contracting for goods and services is subject to ORS chapter 279B;
(p) Contracts entered into by the
State Treasurer in exercising the powers of that office prescribed in ORS
chapters 178, 286A, 287A, 289, 293, 294 and 295, including but not limited to
investment contracts and agreements, banking services, clearing house services
and collateralization agreements, bond documents, certificates of participation
and other debt repayment agreements, and any associated contracts, agreements
and documents, regardless of whether the obligations that the contracts,
agreements or documents establish are general, special or limited, except that the
State Treasurer’s public contracting for goods and services is subject to ORS
chapter 279B;
(q) Contracts, agreements or other
documents entered into, issued or established in connection with:
(A) The issuance of obligations, as
defined in ORS 286A.100 and 287A.310, of a public body;
(B) The making of program loans and
similar extensions or advances of funds, aid or assistance by a public body to
a public or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a
public body as authorized by law, and other financial transactions of a public
body that by their character cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to 279B.085;
(r) Contracts for employee benefit
plans as provided in ORS 243.105 (1), 243.125 (4), 243.221, 243.275, 243.291,
243.303 and 243.565;
(s) Contracts for employee benefit
plans as provided in ORS 243.860 to 243.886; or
(t) Any other public contracting of a
public body specifically exempted from the code by another provision of law.
(3) The Public Contracting Code does
not apply to the contracting activities of:
(a) The Oregon State Lottery
Commission;
(b) The Oregon University System and
member [institutions] public
universities, except as provided in ORS 351.086;
(c) The legislative department;
(d) The judicial department;
(e) Semi-independent state agencies
listed in ORS 182.454, except as provided in ORS 279.835 to 279.855 and
279A.250 to 279A.290;
(f) Oregon Corrections Enterprises;
(g) The Oregon Film and Video Office,
except as provided in ORS 279A.100 and 279A.250 to 279A.290;
(h) The Travel Information Council,
except as provided in ORS 279A.250 to 279A.290;
(i) The Oregon 529 College Savings
Network and the Oregon 529 College Savings Board;
(j) The Oregon Innovation Council;
(k) The Oregon Utility Notification
Center; or
(L) Any other public body specifically
exempted from the code by another provision of law.
(4) ORS 279A.200 to 279A.225 and
279B.050 to 279B.085 do not apply to contracts made with qualified nonprofit
agencies providing employment opportunities for individuals with disabilities
under ORS 279.835 to 279.855.
SECTION 89. ORS 283.305 is amended to
read:
283.305. As used in ORS 283.305 to
283.350:
(1) “Alternative fuel” means natural
gas, liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity.
(2) “Authorized driver” means any of
the following who has a valid driver license and an acceptable driving record:
(a) A salaried state employee,
including an agent of the state;
(b) A volunteer, appointed in writing,
whose written description of duties includes driving motor vehicles;
(c) An agency client required to drive
motor vehicles as part of a rehabilitation or treatment program authorized by
law;
(d) Any personnel of any unit of
government whose use of motor vehicles is permitted by an authorized
intergovernmental agreement; and
[(e)
Any student enrolled at any state institution of higher education and whose use
of motor vehicles meets the requirements of ORS 283.310; and]
[(f)]
(e) An inmate of a correctional institution with specific Department of
Corrections approval who is accompanied by a supervising correctional
institution employee or who is performing a specific work assignment driving a
special purpose vehicle required for that assignment and within the visual
range of a supervising correctional institution employee who is at the work
assignment site or who is part of the transport caravan.
(3) “Motor vehicles” includes
state-owned, leased or otherwise controlled motor vehicles and the supplies,
parts and equipment for the operation, maintenance or repair of such motor
vehicles.
(4) “Official state business” means
activity conducted by a state agency that advances the lawful policies of the
agency as specified by the Oregon Department of Administrative Services by
rule.
(5) “Standard passenger vehicle” means
a motor vehicle that is commonly known as a sedan or a station wagon and that
is not equipped with special or unusual equipment.
(6) “State agency” or “agency”
includes the Legislative Assembly, at its option, or any of its statutory,
standing, special or interim committees, at the option of such committee.
SECTION 90. ORS 283.310 is amended to
read:
283.310. (1) The Oregon Department of
Administrative Services shall control and regulate the acquisition, operation,
use, maintenance and disposal of and access to motor vehicles used for:
(a) State business by state agencies
of this state; or
(b) Official public business by a unit
of local government or a state agency of another state, by an agency created by
an interstate compact between this state and another state or states, by a
United States governmental agency, or by an American Indian tribe or an agency
of an American Indian tribe, pursuant to an intergovernmental agreement between
the agency or agencies and the department, entered into in accordance with ORS
chapter 190, for the provision of motor pool vehicles, supplies and services,
or any of them.