Chapter 291 Oregon Laws 1999
Session Law
AN ACT
SB 1093
Relating to Oregon Health
Sciences University; creating new provisions; amending ORS 181.871, 190.410,
192.501, 192.502, 192.690, 244.050, 316.146, 351.203, 353.010, 353.020,
353.040, 353.050, 353.070, 353.080, 353.100, 353.180, 353.260, 353.270,
353.330, 353.340, 353.370, 353.390, 353.410, 353.440, 353.470, 442.555,
442.561, 442.562, 442.563 and 442.564 and section 34, chapter 162, Oregon Laws
1995; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 353.010 is amended to read:
353.010. As used in this chapter:
(1) "Board" means the Oregon Health Sciences
University Board of Directors established under ORS 353.040.
(2) "Public corporation" means an entity that is
created by the state to carry out public missions and services. In order to
carry out these public missions and services, a public corporation participates
in activities or provides services that are also provided by private
enterprise. A public corporation is granted increased operating flexibility in
order to best ensure its success, while retaining principles of public
accountability and fundamental public policy. The board of directors of a
public corporation is appointed by the Governor and confirmed by the Senate but
is otherwise delegated the authority to set policy and manage the operations of
the public corporation.
(3) "University" or
"Oregon Health Sciences University" means the Oregon Health
Sciences University public corporation created under ORS 353.020.
SECTION 2.
ORS 353.020 is amended to read:
353.020. [The] Oregon
Health Sciences University is established as a public corporation and shall
exercise and carry out all powers, rights and privileges that are expressly
conferred upon it, are implied by law or are incident to such powers. The
university shall be a governmental entity performing governmental functions and
exercising governmental powers. The university shall be an independent public
corporation with statewide purposes and missions and without territorial
boundaries. The university shall be a governmental entity but shall not be
considered a unit of local or municipal government or a state agency for
purposes of state statutes or constitutional provisions.
SECTION 3. ORS
353.040 is amended to read:
353.040. (1) There is established an Oregon Health Sciences
University Board of Directors consisting of seven members. The directors,
except for the [university] president of the university, shall be appointed
by the Governor and shall be confirmed by the Senate in the manner prescribed
in ORS 171.562 and 171.565.
(2) Except for the president of the university, the term of
office of each nonstudent member is four years. The term of office of the
student member is two years. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on October 1 next
following. A member is eligible for reappointment for one additional term. If
there is a vacancy for any cause, the Governor shall make an appointment to
become effective immediately for the unexpired term. The board shall nominate a
slate of candidates whenever a vacancy occurs or is announced and shall forward
the recommended candidates to the Governor for consideration. To assist the Governor
in appointing the student member, the duly organized and recognized entity of
student government shall submit a list of nominees to the Governor for
consideration.
(3) The membership of the board shall be as follows:
(a) One representative who is a nonstudent member of the State
Board of Higher Education.
(b) Four representatives who, in the discretion of the
Governor, have experience in areas related to the university missions or that
are important to the success of [the]
Oregon Health Sciences University, including but not limited to higher
education, health care, scientific research and economic and business
development.
(c) One representative who is a student enrolled at the
university.
(d) The president of the university, who shall be an ex officio
voting member.
(4) Directors must be citizens of the United States. Except for the president of the university,
no voting member may be an employee of the university.
(5) The board shall select one of its members as chairperson
and another as vice chairperson for such terms and with such duties and powers
as the board considers necessary for performance of the functions of those
offices. The board shall adopt bylaws concerning how a quorum shall be
constituted and when a quorum shall be necessary.
(6) The board shall meet at least once every three months at [the] Oregon Health Sciences University.
The board shall meet at such other times and places specified by the
chairperson or by a majority of the members of the board.
(7) The Governor may remove any member of the board at any time
for cause, after notice and public hearing, but not more than three members
shall be removed within a period of four years, unless it is for corrupt
conduct in office.
SECTION 4.
ORS 353.050 is amended to read:
353.050. Except as otherwise provided in this chapter, the
Oregon Health Sciences University Board of Directors, or university officials acting under the authority of the board,
shall exercise all the powers of the Oregon Health Sciences University and
shall govern the university. In carrying out its powers, rights and privileges,
the university [and the board] shall
be a governmental entity performing governmental functions and exercising
governmental powers. The university or
the board may either within or outside the state:
(1) Determine or approve
policies for the organization, administration and development of the
university.
(2) Appoint and employ any instructional, administrative,
professional, trade, occupational and other personnel as are necessary or
appropriate to carry out the missions of the university, and prescribe their
compensation and terms of office or employment.
(3) Make any and all contracts and agreements, enter into any
partnership, joint venture or other business arrangement, create and
participate fully in the operation of any business structure, including but not
limited to the development of business structures for health care delivery
systems and networks with any public or private government, nonprofit or
for-profit person or entity that in the judgment of the university or the board is necessary or
appropriate to carry out the university's missions and goals.
(4) Acquire, purchase, receive, hold, control, convey, sell,
manage, operate, lease, license, lend, invest, improve, develop, use, dispose
of and hold title to real and personal property of any nature, including
intellectual property, in its own name.
(5) Sue in its own name and be sued, plead and be impleaded in
all actions, suits or proceedings in any forum brought by or against it by any
and all private or state, local, federal or other public entities, agencies or
persons.
(6) Encourage gifts and donations for the benefit of the
university, and subject to the terms of the gift, retain, invest and use such
gifts as deemed appropriate by the university or the board.
(7) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all
funds, appropriations, gifts, bequests, stock and revenue from any source to
the university.
(8) Borrow money for the needs of the university [as deemed requisite by the board], in
such amounts and for such time and upon such terms as may be determined by the university or the board.
(9) Erect, construct, improve, develop, repair, maintain,
equip, furnish, lease, lend, convey, sell, manage, operate, use, dispose of and
hold title to buildings, structures and lands for the university.
(10) Purchase any and all insurance, operate a self-insurance
program or otherwise arrange for the equivalent of insurance coverage of any
nature and the indemnity and defense of its officers, agents and employees or
other persons [whom the board designates
as carrying] designated by the
university to carry out or [furthering]
further the missions of the
university.
(11) Create, develop, supervise, control and adopt academic
programs, including standards, qualifications, policies or practices relating
to admissions, curriculum, academic advancement, grading policy, student
conduct, credits and scholarships and the granting of academic degrees,
certificates and other forms of recognition.
(12) Authorize, create, eliminate, establish, operate,
reorganize, reduce or expand any program, school, institute, health care
facility or other unit of operation.
(13) Establish, charge, collect and use charges for enrollment
into the university, including charges such as tuition for education and
general services, incidental fees and such other charges found by the [board] university to be necessary to carry out its educational programs.
Fees realized in excess of amounts allocated and exceeding required reserves
shall be considered surplus incidental fees and shall be allocated for programs
under the control of the board and found to be advantageous to the cultural or
physical development of students of the university upon the recommendation of
the recognized student government of the university.
(14) Establish, charge, collect and use charges and fees for
university services and the use of university facilities.
[(15) Impose charges,
fines or fees for parking privileges and violations, including fees for
impoundment and storage, and enter into agreements with municipalities to
provide a uniform system of parking.]
(15) Impose charges,
fines, fees and such other regulations considered convenient or necessary to
control and regulate traffic and parking of vehicles to the same extent allowed
the State Board of Higher Education. This authority includes the authority to
enforce the regulations of the university in a court to the extent allowed the
State Board of Higher Education in enforcing the state board's regulations as
provided in ORS 352.360 (7).
(16) Commission as special campus security officers one or more
[employees] individuals who will have probable cause arrest authority and the
accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in
the scope of their [employment] duties, provided that such [employees] individuals are trained and certified by the Department of Public
Safety Standards and Training, and provided further that such officers shall
not be authorized to carry firearms as police officers and shall not be
considered police officers for purposes of ORS 181.610, 238.005, 243.005 or
243.736. The university shall be considered a criminal justice agency for purposes
of ORS 181.715 and 181.720.
(17) Enforce and recover for payment to the university any
fines that are authorized by this chapter.
(18) Adopt, amend or repeal bylaws, administrative rules,
regulations and orders applicable to the matters that are the subject of this
chapter.
(19) Contract with any state agency for the performance of such
duties, functions and powers as [the
board considers] is appropriate.
A state agency shall not charge the [board]
university for such services an
amount that is greater than the actual cost of the services.
(20) Purchase, receive, subscribe for or otherwise acquire,
own, hold, vote, use, sell, mortgage, lend, pledge, invest in or otherwise
dispose of and deal in or with the shares, stock or other equity or interests in
or obligations of any other entity. [The
board may establish] Separate funds may
be established for such investments. The State of Oregon shall have no
proprietary or other interest in such investments or such funds.
(21) Make available, by lease or otherwise, or control access
to any health care facilities or services or other of its properties and assets
to such persons, firms, partnerships, associations or corporations and on such
terms as [the board deems to be] considered appropriate, charge and collect
rent or other fees or charges therefor and terminate or deny any such access or
any such lease or other agreement for such reasons as [the board deems] considered
appropriate and as may be consistent with its obligations under any such lease
or other agreement.
(22) Contract for the operation of any department, section,
equipment or holdings of the university and enter into any agreements with any
person, firm or corporation for the management by said person, firm or
corporation on behalf of the university of any of its properties or for the
more efficient or economical performance of clerical, accounting,
administrative and other functions relating to its health care facilities.
(23) Select and appoint faculty as medical and dental staff
members and others licensed to practice the healing arts, delineate and define
the privileges granted each such individual, adopt and direct a plan for
faculty clinical income and set the terms and conditions of that plan
(including such modifications to any such existing plan as [the board deems] considered necessary or appropriate upon expiration of the term of
such plan), and determine the extent to which and the terms upon which each
such individual may provide teaching, research, consulting or other services at
the university or any other health care facility.
(24) Enter into affiliation, cooperation, territorial,
management or other similar agreements with other public or private
universities or health care providers for the sharing, division, allocation or
furnishing of services on an exclusive or a nonexclusive basis, referral of
patients, management of facilities, formation of health care delivery systems
and other similar activities.
(25) Perform any other acts that in the judgment of the board or university are requisite, necessary
or appropriate in accomplishing the purposes described in or carrying out the
powers granted by this chapter.
(26) Exercise these
powers, notwithstanding that as a consequence of the exercise of such powers,
the university engages in activities that might otherwise be deemed
anticompetitive within the contemplation of state or federal antitrust laws.
SECTION 5.
ORS 353.070 is amended to read:
353.070. (1) As used in this section:
(a) "Direct labor" includes all work required for
preparation, processing and packing, but not supervision, administration,
inspection or shipping.
(b) "Disabled individual" means an individual who,
because of the nature of the individual's disabilities, is not able to
participate fully in competitive employment, and for whom specialized
employment opportunities must be provided.
(c) "Qualified nonprofit agency for disabled
individuals" means a nonprofit activity center or rehabilitation facility:
(A) Organized under the laws of the United States or of this
state and operated in the interest of disabled individuals, and the net income
of which does not inure in whole or in part to the benefit of any shareholder
or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of this state;
and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs disabled individuals for not less than
75 percent of the work hours of direct labor required for the manufacture or
provision of the products or services.
(2) The Oregon Health Sciences University Board of Directors
shall further the policy of this state to encourage and assist disabled
individuals to achieve maximum personal independence through useful and
productive gainful employment by ensuring an expanded and constant market for
sheltered workshop and activity center products and services, thereby enhancing
the dignity and capacity of disabled individuals for self-support and minimizing
their dependence on welfare and need for costly institutionalization.
(3) It shall be the duty of [the board] Oregon Health
Sciences University to:
(a) Determine the price of all products manufactured and
services offered for sale to the university by any qualified nonprofit agency
for disabled individuals. The price shall recover for the workshops the cost of
raw materials, labor, overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement;
(b) Revise such prices from time to time in accordance with
changing cost factors;
(c) Make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary; and
(d) Utilize prices and specifications, in its discretion, established
by the Oregon Department of Administrative Services.
(4) The [board] university shall establish and publish
a list of sources or potential sources of products produced by any qualified
nonprofit agency for disabled individuals and the services provided by any such
agency that the [board] university determines are suitable for its procurement [by its higher education institutions]. The [board] university, in
its discretion, may utilize any list established and published by the Oregon
Department of Administrative Services.
(5) If the university intends to procure any product or service
on the procurement list, the university shall[, in accordance with rules of the board,] procure such product or
service at the price established by the [board]
university from a qualified
nonprofit agency for disabled individuals, provided the product or service is
of the appropriate specifications and is available at the location and within
the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the university and qualified nonprofit
agencies for disabled individuals. The [board] university, on behalf of the [university] board, is authorized to enter into such contractual agreements,
cooperative working relationships or other arrangements as may be necessary for
effective coordination and efficient realization of the objectives of this
section.
SECTION 6.
ORS 353.080 is amended to read:
353.080. [The] Oregon
Health Sciences University [Board of
Directors] shall file with the Legislative Assembly and the Governor, not
later than April 15 of each year, a report of the [university] university's
activities and operations for the preceding year.
SECTION 7.
ORS 353.100 is amended to read:
353.100. (1) The provisions of ORS chapters 35, 190, 192, 244,
281 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090,
236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112 shall
apply to [the] Oregon Health Sciences
University under the same terms as they apply to public bodies other than the
state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279, 283, 291, 292, 293, 294 and 297 and ORS 180.060, 180.210
to 180.235, 184.305 to 184.345, 190.430,
190.480, 190.490, 192.105, 200.035,
236.380, 243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415,
281.210 to 281.260, 282.010 to 282.150, 357.805 to 357.895 and 656.017 (2)
shall not apply to the university.
(3) As a distinct governmental entity, the university shall not
be subject to any provision of law enacted after January 1, 1995, with respect
to any governmental entity, unless the provision specifically provides that it
applies to the university.
SECTION 8.
ORS 353.180 is amended to read:
353.180. [The] Oregon
Health Sciences University [Board of
Directors] may adopt policies relating to the creation, use, custody and
disclosure, including access, of student education records of the [Oregon Health Sciences] university that
are consistent with the requirements of applicable state and federal law.
Whenever a student has attained 18 years of age or is attending the university,
the permission or consent required of and the rights accorded to a parent of
the student regarding education records shall thereafter only be required of
and accorded to the student.
SECTION 9.
ORS 353.260 is amended to read:
353.260. (1) [The]
Oregon Health Sciences University [Board
of Directors] may adopt policies governing access to university personnel
records that are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on access unless
the president of the university
finds that the public interest in maintaining individual rights to privacy in
an adequate educational environment would not suffer by disclosure of such
records. Access to such records may be limited to designated classes of
information or persons, or to stated times and conditions, or to both, but
cannot be limited for records more than 25 years old.
(3) No rule or order adopted pursuant to this section shall
deny to a faculty member full access to the member's personnel file or records
kept by the [Oregon Health Sciences]
university, except as provided in subsection (4)(d) and (e) of this section.
(4)(a) The [number of]
files relating to the evaluation of a faculty member shall be [limited to three, to be] kept in
designated, available locations.
(b) Any evaluation received by telephone shall be documented in
each of the faculty member's files by means of a written summary of the
conversation with the names of the conversants identified.
(c) A faculty member shall be entitled to submit, for placement
in the [three] files, evidence
rebutting, correcting, amplifying or explaining any document contained therein
and other material that the member believes might be of assistance in the
evaluation process.
(d) Letters and other information for a faculty member of the
university submitted in confidence to the State Board of Higher Education or
its institutions, schools or departments prior to July 1, 1975, shall be
maintained in the files designated by
paragraph (a) of this subsection. However, if a faculty member requests
access to those files, the anonymity of the contributor of letters and other
information obtained prior to July 1, 1975, shall be protected. The full text
shall be made available, except that portions of the text that would serve to
identify the contributor shall be excised by a faculty committee. Only the
names of the contributors and the excised portions of the documents may be kept
in a file other than the [three
prescribed] files designated by
paragraph (a) of this subsection.
(e) Confidential letters and other information submitted to or
solicited by the university after July 1, 1995, and prior to the employment of
a prospective faculty member are exempt from the provisions of this paragraph.
However, if the member is employed by the university, the confidential
preemployment materials shall be placed in the [three authorized] files designated
by paragraph (a) of this subsection. If a faculty member requests access to
the member's files, the anonymity of the contributor of confidential
preemployment letters and other preemployment information shall be protected.
The full text shall be made available, except that portions of the text that
would serve to identify the contributor shall be excised and retained in a file
other than the [three] files designated [in] by paragraph (a) of
this subsection.
(f) Classroom survey evaluations by students of a faculty
member's classroom or laboratory performance shall be anonymous. The record of
tabulated reports shall be placed in at least one of the files designated [in] by
paragraph (a) of this subsection. All survey instruments used to obtain
evaluation data shall be returned to the faculty member.
(g) The university, when evaluating its employed faculty
members, shall not solicit or accept letters, documents or other materials,
given orally or in written form, from individuals or groups who wish their
identity kept anonymous or the information they provide kept confidential.
(5) No policy or order adopted pursuant to this section limits
the authority of the university to prepare, without identification of
individual persons who have not consented thereto, statistical or demographic
reports from personnel records.
(6) Any category of personnel records specifically designated
as confidential pursuant to valid policies or orders as provided in this
section shall not be deemed a public record for the purposes of ORS 192.420.
(7) As used in this section, "personnel records"
means records containing information kept by the university concerning a
faculty member and furnished by the faculty member or by others about the
faculty member at the member's or at the university's request, including but
not limited to information concerning discipline, membership activity,
employment performance or other personal records of individual persons.
SECTION 10.
ORS 353.270 is amended to read:
353.270. (1) [The]
Oregon Health Sciences University [Board
of Directors] may authorize receipt of compensation for any officer or
employee of the [Oregon Health Sciences]
university from private or public resources, including but not limited to
income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the university;
(d) Providing services or other valuable consideration for a
private corporation, individual or entity, whether paid in cash or in kind,
stock or other equity interest, or anything of value regardless of whether
there is a licensing agreement between the university and the private entity;
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment an officer's or
employee's publicly funded salary. Such income shall be authorized and received
in accordance with policies established by the [board] university; and
(f) Providing medical and other health services.
(2) The [board] university shall not authorize
compensation, as described in subsection (1) of this section, that, in the [board's] university's judgment, does not comport with the missions of the
university or substantially interferes with an officer's or employee's duties
to the university.
(3) Any compensation described and authorized under subsection
(1) of this section shall be considered official salary, honorarium or reimbursement
of expenses for purposes of ORS 244.040. If authorization or receipt of such
compensation creates a potential conflict of interest, the potential conflict
shall be reported in writing in accordance with policies of the [board] university. The disclosure is a public record subject to public
inspection.
(4) The [board] university shall adopt standards
governing employee outside employment and activities of employees, including
potential conflicts of interest, as defined by the [board] university and
consistent with ORS 244.020, and the public disclosure thereof, and procedures
for reporting and hearing potential or actual conflict of interest complaints.
SECTION 11.
ORS 353.330 is amended to read:
353.330. (1) Nothing in chapter 162, Oregon Laws 1995, shall be
construed in any way to impair the obligations or agreements of the State of
Oregon or the State Board of Higher Education with respect to bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for [the] Oregon Health Sciences University.
The [Oregon Health Sciences]
university and the State System of Higher Education shall take all actions
necessary to ensure full compliance with all indentures, resolutions,
declarations, agreements and other documents issued with respect to the bonds,
certificates of participation, financing agreements or other agreements for the
borrowing of money issued prior to July 1, 1995, by the State of Oregon on
behalf of the State Board of Higher Education for equipment or projects for the
[Oregon Health Sciences] university.
The State System of Higher Education and the [Oregon Health Sciences] university shall establish, in a written
agreement that shall be subject to the approval of the State Treasurer, the
responsibility of the [Oregon Health
Sciences] university for the payment to the State System of Higher
Education of moneys sufficient to pay when due all principal, interest and any
other charges on bonds, certificates of participation, financing agreements or
other agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the [Oregon
Health Sciences] university.
(2) Holders of obligations issued by the [Oregon Health Sciences] university on or after July 1, 1995, may be
paid pari passu with the obligations issued by the State of Oregon on behalf of
the State Board of Higher Education for equipment or projects for the [Oregon Health Sciences] university prior
to July 1, 1995, from the [properties] rents, revenues, receipts,
appropriations or other income of the [Oregon
Health Sciences] university, but only to the extent that:
(a) Such holders have no rights, liens or other interests with
respect to such [properties] rents, revenues, receipts,
appropriations or other income of the [Oregon
Health Sciences] university that are senior or superior to the rights
granted to the holders of obligations issued prior to July 1, 1995, by the
State of Oregon on behalf of the State Board of Higher Education for equipment
or projects for the [Oregon Health
Sciences] university; and
(b) The State Board of Higher Education, the Oregon Department
of Administrative Services or the State of Oregon, acting for the benefit of
such holders of obligations, is granted a lien or other security interest in
the [properties] rents, revenues, receipts, appropriations or other income of the [Oregon Health Sciences] university that
is not junior to and is at least pari passu with any lien or other security
interest granted to the holders of obligations issued by the [Oregon Health Sciences] university.
(3) Any expenses, including legal expenses, judgments,
liabilities and federal arbitrage and rebate penalties arising from the actions
of the [Oregon Health Sciences]
university, if incurred with respect to bonds, certificates of participation,
financing agreements or other agreements for the borrowing of money issued
prior to July 1, 1995, by the State of Oregon on behalf of the State Board of
Higher Education for equipment or projects for the [Oregon Health Sciences] university, shall be paid when due by the [Oregon Health Sciences] university,
subject to the [Oregon Health Sciences]
university's right to reasonably contest such charges, judgments, liabilities
or penalties. The [Oregon Health Sciences]
university shall assist the Controller of the State System of Higher Education
in making any necessary calculations and filing any necessary reports related
to arbitrage and rebate on such indebtedness.
(4) Any amounts deposited with the State Treasurer, the
Controller of the State System of Higher Education, the Oregon Department of
Administrative Services or its designated agents in any debt service in reserve
accounts for the debt service associated with any bonds, certificates of
participation, financing agreements or other agreements for the borrowing of
money issued prior to July 1, 1995, by the State of Oregon on behalf of the
State Board of Higher Education for equipment or projects for the [Oregon Health Sciences] university shall
remain with the State Treasurer, the Controller of the State System of Higher
Education, the Oregon Department of Administrative Services or its designated
agents until such time as the bonds, certificates of participation, financing agreements
or other agreements for the borrowing of money for which such reserve accounts
have been established have been retired or defeased. The [Oregon Health Sciences] university shall be credited with the
investment earnings on such reserve accounts.
SECTION 12.
ORS 353.340 is amended to read:
353.340. [The] Oregon
Health Sciences University may from time to time issue and sell revenue bonds
in accordance with the provisions of the Uniform Revenue Bond Act contained in
ORS 288.805 to 288.945. However, the provisions contained in ORS 288.815 shall
not apply to revenue bonds issued by the [Oregon
Health Sciences] university. Such revenue bonds shall not in any manner nor
to any extent be a general obligation of the [Oregon Health Sciences] university nor a charge upon any revenues
or property of the university not specifically pledged thereto. No obligation
of any kind incurred under ORS 288.805 to 288.945 shall be, or be considered,
an indebtedness of the State of Oregon.
SECTION 13.
ORS 353.370 is amended to read:
353.370. In addition to, and not in limitation of, the means of
satisfying state general obligation bond obligations under ORS 291.445, [the] Oregon Health Sciences University [Board of Directors], promptly upon the
discovery of any shortfall in moneys available to the [Oregon Health Sciences] university for the payment when due of
amounts under any bonds, certificates of participation, financing agreements or
other agreements for the borrowing of moneys issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the [Oregon
Health Sciences] university, shall notify in writing the Legislative
Assembly, or if the Legislative Assembly is not in session, the Emergency
Board, of the existence and amount of the shortfall. The Legislative Assembly
or the Emergency Board, as the case may be, may provide funds to satisfy the
payment of any such amount. By enacting this provision, the Legislative
Assembly acknowledges its current intention to provide, from funds other than
those appropriated or otherwise made available to the State System of Higher
Education, funds to pay such amount. However, except as may be required by the
Oregon Constitution or ORS 291.445, neither the Legislative Assembly nor the
Emergency Board shall have any legal obligation to provide funds under this section.
SECTION 14.
ORS 353.390 is amended to read:
353.390. [With the
approval of the Oregon Health Sciences University Board of Directors, the]
Oregon Health Sciences University may enter into financing agreements in
accordance with ORS 353.380 to 353.420, upon such terms as the [board] university finds to be advantageous [to the university]. Amounts payable by the university under a
financing agreement shall be limited to funds specifically pledged, budgeted
for or otherwise made available by the university. If there are insufficient
available funds to pay amounts due under a financing agreement, the lender may
exercise any property rights that the university has granted to it in the
financing agreement against the property that was purchased with the proceeds
of the financing agreement, and may apply the amounts so received toward
payments scheduled to be made by the university under the financing agreement.
SECTION 15.
ORS 353.410 is amended to read:
353.410. [The] Oregon
Health Sciences University [Board of
Directors] may:
(1) Enter into agreements with third parties to hold financing
agreement proceeds, payments and reserves as security for lenders, and to issue
certificates of participation in the right to receive payments due from the [Oregon Health Sciences] university under
a financing agreement. Amounts so held shall be invested at the direction of
the Oregon Health Sciences University
Board of Directors. Interest earned
on any investments held as security for a financing agreement may, at the
option of the board, be credited to the accounts held by the third party and
applied in payment of sums due under a financing agreement.
(2) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such credit
enhancement agreements shall be payable solely from funds specifically pledged,
budgeted for or otherwise made available by the university and amounts received
from the exercise of property rights granted under such financing agreements.
(3) Use financing agreements to finance the costs of acquiring
or refinancing real or personal property, plus the costs of reserves, credit
enhancements and costs associated with obtaining the financing.
(4) Grant leases of real property with a trustee or lender.
Such leases may be for a term that ends on the date on which all amounts due
under a financing agreement have been paid or provision for payment has been
made, or up to 20 years after the
last scheduled payment under a financing agreement, whichever is later. Such
leases may grant the trustee or lender the right to evict the university and
exclude it from possession of the real property for the term of the lease if
the university fails to pay when due the amounts scheduled to be paid under a
financing agreement, or otherwise defaults under a financing agreement. Upon
default, the trustee or lender may sublease the land to third parties and apply
any rentals toward payments scheduled to be made under a financing agreement.
(5) Grant security interests in personal property to trustees
or lenders.
(6) Make pledges for the benefit of trustees and lenders.
(7) Purchase fire and extended coverage or other casualty
insurance for property that is acquired or refinanced with proceeds of a
financing agreement, assign the proceeds thereof to a lender or trustee to the
extent of their interest, and covenant to maintain such insurance while the
financing agreement is unpaid, so long as available funds are sufficient to
purchase such insurance.
SECTION 16.
ORS 353.440 is amended to read:
353.440. The Legislative Assembly finds that:
(1) Institutions in the State System of Higher Education and
other educational sectors have academic programs that are related to or
integrated with the programs of [the] Oregon Health Sciences University.
(2) It is in the best interest of the state that a coordinated
approach be taken to these related and integrated academic programs.
(3) In order to best ensure the continued harmony of such
academic programs, the university and
the State System of Higher Education shall coordinate such programs [with the State Board of Higher Education.
Notwithstanding the exclusive powers granted to the university in this chapter,
the university shall submit for approval to the State Board of Higher Education] and shall advise each other [any] of the following proposed changes
to such academic programs:
(a) Creation or significant revision, such as a merger or
closure, of degree programs;
(b) Creation or significant revision, such as a merger or
closure, of schools[, colleges, centers
and institutes]; and
(c) Creation or significant revision of major academic
policies.
(4) In order to further the coordination described by this
section, university officers shall maintain a role in the appropriate committees
of the State Board of Higher Education
and the State System of Higher Education.
SECTION 16a.
ORS 351.203 is amended to read:
351.203. (1) The State Board of Higher Education shall
cooperate with the Education and Workforce Policy Advisor in the development of
a state comprehensive education plan including post-secondary education and in
review of the board's programs and budget. The board shall submit in timely
fashion to the advisor such data as is appropriate in a form prescribed by the
advisor.
(2) The board shall cooperate with the mediation process
administered by the State Scholarship Commission pursuant to ORS 348.603 and,
if a negotiated resolution cannot be reached by mediation, comply with the
decisions of the commission regarding proposed new post-secondary programs and
proposed new post-secondary locations, including those proposed by [the] Oregon Health Sciences University [for approval by] in cooperation with the board under ORS 353.440.
SECTION 17. Section 34, chapter 162, Oregon Laws 1995,
is added to and made a part of ORS chapter 353.
SECTION 18.
Section 34, chapter 162, Oregon Laws 1995, is amended to read:
Sec. 34. [(1) The president of the former university
shall deliver to the president of the university all records and property
within the jurisdiction of the president that relate to the duties, functions
and powers so transferred. The president of the university to whom such
delivery and transfer is made shall take possession of such property. Any
dispute as to transfers of property under this section shall be resolved by the
Governor, and the Governor's decision shall be final.]
[(2)] (1) Legal title to real property and
facilities acquired by the State of
Oregon prior to [the effective date
of this Act] July 1, 1995, and
utilized by Oregon Health Sciences University shall remain with the State
of Oregon. However, the university
shall have the exclusive care, custody and control of such real property and
facilities pursuant to an exclusive
leasehold interest in the real property and facilities for a term of 99 years.
The term of the leasehold shall begin on
July 1, 1995, and shall renew automatically and perpetually for consecutive
99-year terms.
(2) Notwithstanding any
other provisions of Oregon law concerning the authority of state agencies to
lease real property and facilities, the Oregon Department of Administrative
Services acting on behalf of the State of Oregon shall execute a ground lease
for all real property and facilities utilized by the university consistent with
the provisions of this section.
(3) The ground lease shall
not be subject to any termination unless:
(a) The State of Oregon
causes all outstanding obligations of the university to be defeased under the
terms of any applicable master indenture or financing agreement; and
(b) There are no other
conditions placed on the university.
(4) Upon execution of the
ground lease, the university shall pay the State of Oregon the sum of $99 in
consideration for the ground lease.
(5) The ground lease
executed under this section shall supersede the lease entered into between the
State of Oregon and the university in December 1995, with respect to the real
property and facilities, including but not limited to provisions in the lease
relating to or setting forth:
(a) Purported limitations on
the authority of the State Board of Higher Education to bind the State of
Oregon;
(b) The term of the lease
and the absence of any renewal provisions; and
(c) Any circumstances under
which the lease may be terminated.
(6) The university shall manage
and maintain all [such] real [properties] property and
facilities utilized by the university. Real property and facilities of the State of
Oregon [that is so dedicated to the
care, custody and control of the former university] leased to the university pursuant to this section shall not be sold
by the university but may be encumbered
by the university. Such real property and facilities shall only be [and shall only be obligated] encumbered by the State of Oregon in
accordance with state law and in a manner that would not impair the financial
condition of the university or the rights of the holders of any obligations of
the university issued or incurred under any master indenture or other financing
agreement.
SECTION 19. The Oregon Department of Administrative
Services shall execute the ground lease described in section 34, chapter 162,
Oregon Laws 1995, as amended by section 18 of this 1999 Act, within 45 days
after the effective date of this 1999 Act.
SECTION 20.
ORS 353.470 is amended to read:
353.470. It is expected that the Center for Research on
Occupational and Environmental Toxicology will operate, on an ongoing basis,
from funds provided by the Department of Consumer and Business Services, in
addition to any gifts, grants or donations made to carry out the activities of
the center. [The] Oregon Health
Sciences University is not expected to provide funds for operation of the
center from any other sources of funds for operation of the [Oregon Health Sciences] university.
SECTION 21.
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 659.040 or 659.045, until such time as the complaint is resolved
under ORS 659.050, or a final administrative determination is made under ORS
659.060;
(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 section 5, chapter 967, Oregon Laws 1989;
(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 and used by a law enforcement agency, if
public disclosure thereof would endanger the life or physical safety of a
citizen or law enforcement officer or jeopardize the law enforcement activity
involved;
(19)(a) Audits or audit reports of a telecommunications
utility. As used in this paragraph, "audit or audit report of a
telecommunications utility" means any external or internal audit or audit
report pertaining to a telecommunications utility, as defined in ORS 759.005,
or pertaining to a corporation having an affiliated interest, as defined in ORS
759.010, with a telecommunications utility 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 utility or affiliate under compulsion of
state law. "Audit or audit report of a telecommunications utility"
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.
(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 759.010, with a
telecommunications utility, as defined in ORS 759.005; and
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) Writings prepared
by or under the direction of officials of Oregon Health Sciences University
about a person and the person's potential interest in donating money or
property to the university or the person's actual donation unless disclosure is
authorized by the person.
SECTION 22.
ORS 192.501, as amended by section 13, chapter 967, Oregon Laws 1989, section
2, chapter 636, Oregon Laws 1991, section 2, chapter 678, Oregon Laws 1991,
section 5, chapter 616, Oregon Laws 1993, section 2, chapter 787, Oregon Laws
1993, and section 3, chapter 604, Oregon Laws 1995, 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 659.040 or 659.045, until such time as the complaint is resolved
under ORS 659.050, or a final administrative determination is made under ORS
659.060;
(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) 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;
(17) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment and use of
personnel and equipment, prepared and used by a law enforcement agency, if
public disclosure thereof would endanger the life or physical safety of a
citizen or law enforcement officer or jeopardize the law enforcement activity
involved;
(18)(a) Audits or audit reports of a telecommunications
utility. As used in this paragraph, "audit or audit report of a
telecommunications utility" means any external or internal audit or audit
report pertaining to a telecommunications utility, as defined in ORS 759.005,
or pertaining to a corporation having an affiliated interest, as defined in ORS
759.010, with a telecommunications utility 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 utility or affiliate under compulsion of state
law. "Audit or audit report of a telecommunications utility" 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.
(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 759.010, with a
telecommunications utility, as defined in ORS 759.005; and
(19) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(20) Writings prepared
by or under the direction of officials of Oregon Health Sciences University
about a person and the person's potential interest in donating money or
property to the university or the person's actual donation unless disclosure is
authorized by the person.
SECTION 23. Nothing in the amendments to ORS 192.501 by
section 21 or 22 of this 1999 Act affects the operative date provisions of
section 17, chapter 967, Oregon Laws 1989, as amended by section 1, chapter
277, Oregon Laws 1995.
SECTION 24.
ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other than purely
factual materials and are preliminary to any final agency determination of
policy or action. This exemption shall not apply unless the public body shows
that in the particular instance the public interest in encouraging frank
communication between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public disclosure
thereof would constitute an unreasonable invasion of privacy, unless the public
interest by clear and convincing evidence requires disclosure in the particular
instance. The party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion of privacy.
(3)(a) Public body employee or volunteer addresses and
telephone numbers contained in personnel records maintained by the public body
that is the employer or the recipient of volunteer services. This exemption
does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to election may
seek to exempt the judge's or district attorney's address or telephone number,
or both, under the terms of ORS 192.445; or
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence that the public
interest requires disclosure in a particular instance.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS 243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such information should
reasonably be considered confidential, the public body has obliged itself in
good faith not to disclose the information, and when the public interest would
suffer by the disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision, to the extent
that disclosure thereof would interfere with the rehabilitation of a person in
custody of the department or substantially prejudice or prevent the carrying
out of the functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business Services in the
administration of ORS chapters 723 and 725 not otherwise required by law to be
made public, to the extent that the interests of lending institutions, their
officers, employees and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or privileged under
Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or receiving them
to any other public officer or public body in connection with performance of
the duties of the recipient, if the considerations originally giving rise to
the confidential or exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS 469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records maintained by
the Public Employees Retirement System pursuant to ORS chapter 238 and ORS
238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to proposed
acquisition, exchange or liquidation of public investments under ORS chapter
293 may be treated as exempt from disclosure when and only to the extent that
disclosure of such records reasonably may be expected to substantially limit
the ability of the Oregon Investment Council to effectively compete or
negotiate for, solicit or conclude such transactions. Records which relate to
concluded transactions are not subject to this exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement Fund and the
Industrial Accident Fund may be uniformly treated as exempt from disclosure for
a period of up to 90 days after the end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic Development Commission, the Economic
Development Department, the State Department of Agriculture, the Oregon
Resource and Technology Development Corporation, the Port of Portland or other
ports, as defined in ORS 777.005, by applicants for loans or services described
in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed, or if the
complaint has not been filed, if the applicant shows that such litigation is
reasonably likely to occur; this exemption does not apply to litigation which
has been concluded, and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy regarding specific
competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by a
governmental body to allow it to determine the amount of any transient lodging
tax payable and the amounts of such tax payable or paid, to the extent that
such information is in a form which would permit identification of the
individual concern or enterprise. Nothing in this subsection shall limit the
use which can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body shall notify the
taxpayer of the delinquency immediately by certified mail. However, in the
event that the payment or delivery of transient lodging taxes otherwise due to
a public body is delinquent by over 60 days, the public body shall disclose,
upon the request of any person, the following information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel, and all
information supplied to the State Court Administrator from whatever source for
the purpose of verifying indigency of a person pursuant to ORS 151.430 to
151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules adopted by the
Director of the Department of Consumer and Business Services, in any of the
following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their duties,
functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who is the subject
of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of [the] Oregon Health
Sciences University that is not customarily provided to business competitors.
(21) Records of [the]
Oregon Health Sciences University regarding candidates for the position of [university] president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or consisting of the
name of a library patron together with the address or telephone number, or
both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department 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.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their representatives,
voluntarily and in confidence to the State Forestry Department, that is not
otherwise required by law to be submitted.
SECTION 25.
ORS 192.690 is amended to read:
192.690. (1) ORS 192.610 to 192.690 shall not apply to the
deliberations of the State Board of Parole and Post-Prison Supervision, the
Psychiatric Security Review Board, of state agencies conducting hearings on
contested cases in accordance with the provisions of ORS 183.310 to 183.550,
the review by the Workers' Compensation Board or the Employment Appeals Board
of similar hearings on contested cases, meetings of the state lawyers
assistance committees, the local lawyers assistance committees in accordance
with the provisions of ORS 9.545, the multidisciplinary teams required to
review child abuse and neglect fatalities in accordance with the provisions of
ORS 418.747, the peer review committees in accordance with the provisions of
ORS 441.055, mediation conducted under sections 2 to 10, chapter 967, Oregon
Laws 1989, any judicial proceeding,
[or] to meetings of the Oregon Health
Sciences University Board of Directors or its designated committee regarding
candidates for the position of [university]
president of the university or regarding
sensitive business, financial or commercial matters of the university not
customarily provided to competitors related to financings, mergers,
acquisitions or joint ventures or related to the sale or other disposition of,
or substantial change in use of, significant real or personal property, or
related to health system strategies, or to Oregon Health Sciences University
faculty or staff committee meetings.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of information considered
during such review and approval, ORS 192.610 to 192.690 shall not apply to
review and approval of security programs by the Energy Facility Siting Council
pursuant to ORS 469.530.
SECTION 26.
ORS 192.690, as amended by section 14, chapter 967, Oregon Laws 1989, section
33, chapter 18, Oregon Laws 1993, section 4, chapter 318, Oregon Laws 1993,
section 2, chapter 36, Oregon Laws 1995, and section 62c, chapter 162, Oregon
Laws 1995, is amended to read:
192.690. (1) ORS 192.610 to 192.690 shall not apply to the
deliberations of the State Board of Parole and Post-Prison Supervision, the
Psychiatric Security Review Board, of state agencies conducting hearings on
contested cases in accordance with the provisions of ORS 183.310 to 183.550,
the review by the Workers' Compensation Board or the Employment Appeals Board
of similar hearings on contested cases, meetings of the state lawyers
assistance committees, the local lawyers assistance committees in accordance
with the provisions of ORS 9.545, the multidisciplinary teams required to
review child abuse and neglect fatalities in accordance with the provisions of
ORS 418.747, the peer review committees in accordance with the provisions of
ORS 441.055, any judicial proceeding,
[or] to meetings of the Oregon Health
Sciences University Board of Directors or its designated committee regarding
candidates for the position of [university]
president of the university or regarding
sensitive business, financial or commercial matters of the university not
customarily provided to competitors related to financings, mergers,
acquisitions or joint ventures or related to the sale or other disposition of,
or substantial change in use of, significant real or personal property, or
related to health system strategies, or to Oregon Health Sciences University
faculty or staff committee meetings.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of information considered
during such review and approval, ORS 192.610 to 192.690 shall not apply to
review and approval of security programs by the Energy Facility Siting Council
pursuant to ORS 469.530.
SECTION 27. Nothing in the amendments to ORS 192.690 by
section 25 or 26 of this 1999 Act affects the operative date provisions of
section 17, chapter 967, Oregon Laws 1989, as amended by section 1, chapter
277, Oregon Laws 1995.
SECTION 28.
ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and Practices
Commission a verified statement of economic interest as required under this
chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries, Superintendent of
Public Instruction, district attorneys and members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a majority of
the votes cast in the subject city in the 1974 general election was in
opposition to the ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session), and except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the Chief Clerk of
the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their administrative
equivalents, in each institution under the jurisdiction of the State Board of
Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Resources.
(L) Director of the Department of Consumer and Business Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of Public Employees Retirement Board.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes cast in the
subject city or county in any election on the issue of filing statements of
economic interest under this chapter was in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or counties where a
majority of votes cast in the subject city or county at any election on the
issue of filing statements of economic interest under this chapter was in
opposition to the ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the city or county
except such employees in those cities or counties where a majority of votes
cast in the subject city or county in an election on the issue of filing
statements of economic interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service district and
community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health
Sciences University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission listed in
subsection (1) of this section shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the biennial
primary election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in subsection (1)
of this section who was not a candidate in the preceding biennial primary
election shall file with the commission a statement of economic interest as
required under ORS 244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to or delete
from the list of boards and commissions in subsections (1) to (3) of this
section as in the judgment of the Legislative Assembly is consistent with the
purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of April 15 and to
persons who are candidates for office on April 15. Those sections also apply to
persons who do not become candidates until 30 days after the filing date for
the statewide general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as specified in ORS
183.090, but the enforcement of this subsection does not require the Oregon
Government Standards and Practices Commission to follow the procedures in ORS
244.260 before finding that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been received by the
commission, the commission shall notify the public official and give the public
official not less than 15 days to comply with the requirements of this section.
If the public official fails to comply by the date set by the commission, the
commission may impose a civil penalty of $5 for each day the statement is late
beyond the date fixed by the commission. The maximum penalty that may be
accrued under this section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed under ORS 244.380.
SECTION 29.
ORS 181.871 is amended to read:
181.871. ORS 181.870 to 181.889 and 181.991 do not apply to:
(1)(a) A person certified by the Department of Public Safety
Standards and Training as a police officer;
(b) A law enforcement officer of the United States;
(c) An officer or employee of this state, Oregon Health Sciences University established by ORS 353.020 or
the United States; or
(d) A person appointed or commissioned by the Governor to
perform law enforcement or security services.
(2) An attorney admitted to practice law in this state.
(3) An insurance adjuster licensed in this state and performing
duties authorized by the license.
(4) A person who monitors fire alarm systems and other alarm
systems that are not designed to detect unauthorized intrusions.
(5) A person while protecting the person's property.
(6) A person who repairs and installs intrusion alarms.
(7) A person acting as an investigator or operative as defined
in ORS 703.401.
(8) A person performing crowd management or guest services
including, but not limited to, a person described as a ticket taker, usher or
parking attendant, who is not armed, does not wear a uniform or clothing
described in ORS 181.870 (12)(a) or (b) and is not hired for the purpose of
taking enforcement action as described in ORS 181.870 (12)(d).
(9) A person who performs security services at a facility
regulated by the United States Nuclear Regulatory Commission and the facility
is operated by the person's employer.
SECTION 30.
ORS 190.410 is amended to read:
190.410. As used in ORS 190.410 to 190.440, "public
agency" includes:
(1) Any county, city, special district or other public
corporation, commission, authority or entity organized and existing under laws
of this state, or any other state, or under the city or county charter of any
county or city of this or any other state; [and]
(2) Any agency of this state or any other state; and
(3) Oregon Health Sciences
University.
SECTION 31.
ORS 316.146 is amended to read:
316.146. A member of the medical staff of a type C hospital who
meets the requirements of ORS 316.144 (1) and (2) is entitled to the tax credit
described in ORS 316.143 if:
(1) The hospital is isolated due to geographic conditions,
complies with rules relating to emergency response and is subject to such other
special factors as the Office of Rural Health [by rule] may prescribe; and
(2) The hospital is designated by the Office of Rural Health as
being subject to particular problems in recruiting and retaining medical staff
and is located in an area that is medically underserved.
SECTION 32.
ORS 442.555 is amended to read:
442.555. (1) There is created the Rural Health Services
Program, to be administered by the State Scholarship Commission, pursuant to
rules adopted by the commission. The purpose of the program is to provide loan
repayments on behalf of physicians, physician assistants and nurse
practitioners who agree to practice in a medically underserved rural community
in Oregon as determined in subsection (4) of this section.
(2) To be eligible to participate in the program, a prospective
physician, physician assistant or nurse practitioner shall submit a letter of
interest to the commission. Applicants who are selected for participation
according to criteria adopted by the commission in consultation with the Office
of Rural Health shall sign a letter of agreement stipulating that the applicant
agrees to abide by the terms stated in ORS 442.560.
(3) Subject to available resources, the commission may enter
into agreements with not to exceed 10 prospective physicians, 10 prospective
physician assistants and 10 prospective nurse practitioners each year.
(4) The Office of Rural Health [by rule] shall adopt criteria to be applied to determine medically
underserved communities for purposes of ORS 316.143 to 316.146, 353.450,
442.470, 442.503, 442.550 to 442.570 and for the purposes of compliance with
federal Public Law 95-210, establishing rural health clinics.
SECTION 33.
ORS 442.561 is amended to read:
442.561. The Office of Rural Health shall establish [by rule] criteria for certifying
individuals who are licensed under ORS chapter 679 as eligible for the tax
credit authorized by ORS 316.144. Upon application therefor, filed on or before
December 31, 2001, and upon a finding that the applicant is or will be providing
dental services to one or more rural communities and otherwise meets the
eligibility criteria established by the office, the office shall certify
individuals eligible for the tax credit authorized by ORS 316.144. The tax
credit authorized under ORS 316.144 applies to tax years beginning on and after
January 1, 1995.
SECTION 34.
ORS 442.562 is amended to read:
442.562. The Office of Rural Health shall establish [by rule] criteria for certifying
individuals who are licensed as podiatric physicians and surgeons under ORS
chapter 677 as eligible for the tax credit authorized by ORS 316.144. Upon
application therefor, filed on or before December 31, 2001, and upon a finding
that the applicant is or will be providing podiatric services to one or more
rural communities and otherwise meets the eligibility criteria established by
the office, the office shall certify individuals eligible for the tax credit
authorized by ORS 316.144. The tax credit authorized by ORS 316.144 applies to
tax years beginning on and after January 1, 1995.
SECTION 35.
ORS 442.563 is amended to read:
442.563. (1) Subject to ORS 442.560, the Office of Rural Health
shall establish [by rule] criteria
for certifying individuals eligible for the tax credit authorized by ORS
316.143, 316.144 or 316.146. Upon application therefor, filed on or before
December 31, 2001, the office shall certify individuals eligible for the tax
credit authorized by ORS 316.143. The tax credit authorized under ORS 316.143
applies to tax years beginning on and after January 1, 1990.
(2) The classification of rural hospitals for purposes of
determining eligibility under this section shall be the classification of the
hospital in effect on January 1, 1991.
SECTION 36.
ORS 442.564 is amended to read:
442.564. The Office of Rural Health shall establish [by rule] criteria for certifying
individuals who are licensed as optometrists under ORS 683.010 to 683.335 as
eligible for the tax credit authorized by ORS 316.144. Upon application
therefor, filed on or before December 31, 2001, and upon a finding that the
applicant is or will be providing optometry services to one or more rural
communities and otherwise meets the eligibility criteria established by the
office, the office shall certify individuals eligible for the tax credit
authorized by ORS 316.144.
SECTION 37. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
June 18, 1999
Filed in the office of
Secretary of State June 18, 1999
Effective date June 18, 1999
__________