Chapter 890 Oregon Laws 1999
Session Law
AN ACT
HB 5021
Relating to the financial
administration of the Department of Higher Education; appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) In addition to and not in lieu of any
other appropriations, there is appropriated to the Department of Higher
Education, out of the General Fund, the amount of $11,596,476 for academic
modernization and repair of facilities.
(2) The appropriation made
by subsection (1) of this section is available continuously until expended for
the purposes specified in subsection (1) of this section.
(3) The State Board of
Higher Education shall determine the academic modernization and repair projects
to be undertaken with moneys made available under section 3 (1)(a) of this 1999
Act and subsection (1) of this section based on a determination of the most
critical deferred maintenance needs. In determining the needs, the board shall
give priority to projects that protect the health and safety of occupants and
maintain the structural integrity of facilities.
SECTION 2. (1) In addition to and not in lieu of any
other appropriations, there is appropriated to the Department of Higher
Education, out of the General Fund, the amount of $3,770,000 for the Western
Oregon University Library Project.
(2) The appropriation made
by subsection (1) of this section is available continuously until expended for
the purposes specified in subsection (1) of this section.
SECTION 2a. (1) In addition to and not in lieu of any
other appropriation, there is appropriated to the Department of Higher
Education, out of the General Fund, the amount of $500,000 for the Eastern
Oregon University Natural Resources and Health Services Center.
(2) The appropriation made
by subsection (1) of this section is available continuously until expended for
the purposes specified in subsection (1) of this section.
SECTION 3. Notwithstanding any appropriations or
moneys made available by law or from other sources, including federal funds,
unless otherwise authorized by the Emergency Board, the total expenditure of
moneys by the State Board of Higher Education under this section and sections
1, 2 and 2a of this 1999 Act shall not exceed $142,562,674, and within that
total there are established maximum limits for expenditures from the proceeds
of bonds and other revenue sources, including federal funds, for the
acquisition of land and for the acquisition, planning, constructing, altering,
repairing, furnishing and equipping of buildings and facilities for the
Department of Higher Education as follows:
Article Article Other
XI-G XI-F(1) Revenues
Bonds Bonds (Including
Federal
Funds)
(1) State System of
(a) Academic
modernization
and repair $11,596,476 $6,000,000 $6,000,000
(b) Campus master plans $2,000,000 $2,000,000
(c) Small capital projects $6,000,000 $6,000,000
(d) Miscellaneous small
projects $3,050,000
(e) Land and building
acquisition $1,000,000 $1,000,000
(2) University of Oregon
(a) Allen Hall-remodel,
phase II $561,800 $1,452,200
(b) State Museum of
Anthropology collections $1,494,600
(c) Baker Downtown Center $1,000,000
(d) Hamilton East
housing repair $1,060,000
(e) Recreation and Fitness
Center, phase II $1,515,800 $2,120,000
(f) Ed Moshofsky
practice center, phase II $2,800,000
(g) Autzen Stadium $2,226,000
(h) Vivian Olum Child
Development Center $339,200 $286,200
(i) Museum of Art-
addition and alteration $6,360,000 $6,360,000
(j) Straub Hall-
addition and alteration $1,166,000 $1,166,000
(3) Oregon State University
(a) Linus Pauling Institute $500,000
(b) Student family housing $2,000,000
(c) Sackett Hall water
system replacement $3,180,000
(d) Buxton Hall $6,890,000
(e) Gill Coliseum
gymnasium addition $10,600,000
(f) Gill Coliseum-remodel $1,696,000
(g) Softball stadium
relocation $3,180,000
(4) Portland State
University
(a) Peter W. Stott Center $1,378,000
(b) Parking 3-seismic
retrofit and addition $6,137,400
(c) Student housing
cabling $1,060,000
(d) Simon Benson
House $1,378,000
(e) Student housing upgrade $848,000
(f) Smith Memorial Center-
renovation, phase II $1,000,000
(g) Millar Library
Research Center $1,431,000 $1,431,000
(5) Western Oregon
University
Library Project $3,770,000
(6) Southern Oregon
University
Environmental Science
partnership purchase $2,809,000
(7) Oregon Institute of
Technology
(a) Residence hall
improvements $848,000
(b) ADA restroom
modifications $100,700
(8) Eastern Oregon
University
Natural Resources and
Health Services Center $500,000
(9) Project reserve $635,193 $769,629
SECTION 4. Notwithstanding any other provision of law, the Department of Higher
Education may expend moneys from the Higher Education Bond Building Fund
subfund established by ORS 351.450 including moneys realized from the sale of
bonds issued pursuant to Article XI-F(1) of the Oregon Constitution and ORS
351.350, for the planning, constructing, altering, repairing, furnishing and
equipping of buildings and facilities of the kind and character prescribed by
Article XI-F(1) of the Oregon Constitution and for the acquisition of land.
SECTION 5. (1) Notwithstanding any other provisions of
this 1999 Act, the proceeds from bonds and other revenue sources including
federal funds limited by section 3 of this 1999 Act shall not be available for
expenditure before July 1, 1999. However, prior to July 1, 1999, the State
Board of Higher Education may take action and enter into contracts necessary
for the acquisition of facilities, acquisition of land and improvements to land
and for the planning, constructing, altering, repairing, furnishing and
equipping of the facilities authorized by this 1999 Act.
(2) The project approvals,
appropriations, or expenditure limitations in this 1999 Act or established by
the Emergency Board during the biennium beginning on July 1, 1999,
for capital construction or acquisition projects of the Department of Higher
Education, unless otherwise noted, or changed by the Emergency Board or
Legislative Assembly, expire on June 30 of the first odd-numbered year after
the completion of the project, or on June 30, 2005, whichever comes first.
SECTION 6. Sections 3 and 4 of this 1999 Act do not
limit, affect or apply to expenditures for debt service or for administrative
costs relating to debt service on bonds sold pursuant to Article XI-F(1) of the
Oregon Constitution.
SECTION 7. (1) Pursuant to Article XI-G of the Oregon
Constitution and ORS 351.345, the State Board of Higher Education may sell,
with the approval of the State Treasurer, such general obligation bonds of the
State of Oregon of the kind and character and within the limits prescribed by
Article XI-G of the Oregon Constitution, as the board determines, but in no
event may the board sell more than the aggregate principal sum of $37,705,276
par value for the 1999-2001 biennium. The moneys realized from the sale of the
bonds shall be appropriated and may be expended for the purposes set forth in
section 3 (1)(a), (2)(a), (2)(i), (2)(j), (4)(g), (5) and (8) of this 1999 Act
and in section 2 (2)(h), (2)(i), (5)(b) and (6)(a), chapter 584, Oregon Laws
1997, and for payment for capitalized interest and costs incidental to issuance
of the bonds.
(2) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (1)(a) of this 1999 Act are matched with the
General Fund appropriation made under section 1 (1) of this 1999 Act.
(3) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (5) of this 1999 Act are matched with the
General Fund appropriation made under section 2 (1) of this 1999 Act.
(4) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (4)(g) of this 1999 Act are matched with the
General Fund appropriation made under section 11 (3) of this 1999 Act.
(5) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (2)(a) of this 1999 Act are matched with the General
Fund appropriation made under section 12 (3) of this 1999 Act.
(6) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (2)(i) of this 1999 Act are matched with the
General Fund appropriation made under section 13 (3) of this 1999 Act.
(7) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (2)(j) of this 1999 Act are matched with the
General Fund appropriation made under section 14 (3) of this 1999 Act.
(8) In compliance with the
requirements of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 3 (8) of this 1999 Act are matched with the
General Fund appropriation made under section 2a (1) of this 1999 Act.
SECTION 8. Notwithstanding the limitations made by
sections 3 and 9 of this 1999 Act, the State Board of Higher Education may
increase any limit for expenditures of other revenue sources, including federal
funds, prescribed by sections 3 and 9 of this 1999 Act for a specific project,
if the expenditure limitation for bonds issued pursuant to Article XI-F (1) or
XI-G of the Oregon Constitution, for the project is reduced by the board in the
same amount.
SECTION 9. (1) Notwithstanding the limitations made by
section 3 of this 1999 Act, the State Board of Higher Education may expend
amounts in excess of the limitations for bonds issued pursuant to Article XI-F
(1) of the Oregon Constitution prescribed by section 3 (2) to (8) of this 1999
Act by the following percentage amounts:
(a) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $500,000 to $999,999 under sections 2, 2a and 3 of this 1999 Act, up to 12
percent of the expenditure limitation for bonds issued pursuant to Article XI-F
(1) of the Oregon Constitution.
(b) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $1,000,000 to $4,999,999 under sections 2, 2a and 3 of this 1999 Act, up to
eight percent of the expenditure limitation for bonds issued pursuant to
Article XI-F (1) of the Oregon Constitution.
(c) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $5,000,000 to $9,999,999 under sections 2, 2a and 3 of this 1999 Act, up to
five percent of the expenditure limitation for bonds issued pursuant to Article
XI-F (1) of the Oregon Constitution.
(d) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $10,000,000 or more under sections 2, 2a and 3 of this 1999 Act, up to three
percent of the expenditure limitation for bonds issued pursuant to Article XI-F
(1) of the Oregon Constitution.
(2) Notwithstanding the
limitations made by section 3 of this 1999 Act, the State Board of Higher
Education may expend amounts in excess of the limitations for other revenue
sources, including federal funds, prescribed by section 3 (2) to (8) of this
1999 Act by the following percentage amounts:
(a) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $500,000 to $999,999 under sections 2, 2a and 3 of this 1999 Act, up to 12
percent of the expenditure limitation for other revenue sources, including
federal funds.
(b) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $1,000,000 to $4,999,999 under sections 2, 2a and 3 of this 1999 Act, up to
eight percent of the expenditure limitation for other revenue sources,
including federal funds.
(c) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $5,000,000 to $9,999,999 under sections 2, 2a and 3 of this 1999 Act, up to
five percent of the expenditure limitation for other revenue sources, including
federal funds.
(d) For a project with a
combined approved General Fund appropriation and total expenditure limitation
of $10,000,000 or more under sections 2, 2a and 3 of this 1999 Act, up to three
percent of the expenditure limitation for other revenue sources, including
federal funds.
(3) Notwithstanding
subsections (1) and (2) of this section, the total increase to expenditure
limitations prescribed by section 3 (2) to (8) of this 1999 Act shall not
exceed the amounts prescribed by section 3 (9) of this 1999 Act.
SECTION 10. The expenditure limitation prescribed by
section 3 (5) of this 1999 Act for the Western Oregon University Library
Project is in addition to and not in lieu of the expenditure limitation
prescribed for the project under section 2 (5)(b), chapter 584, Oregon Laws
1997.
SECTION 11. (1) There is established in the General
Fund an account to be known as the Millar Library Research Center Account.
Funds in the account shall be used for the construction of a library research
center at Portland State University.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the State System of Higher Education for the purposes of the Millar
Library Research Center project described in subsection (1) of this section.
(3) Moneys in the account
shall be considered to be General Fund moneys for purposes of section 1 (3),
Article XI-G of the Oregon Constitution, and are continuously appropriated for
that purpose. The account shall not be credited with more than $1,431,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 12. (1) There is established in the General
Fund an account to be known as the Allen Hall Phase II Project Account. Funds
in the account shall be used for the remodeling of Allen Hall at the University
of Oregon.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the State System of Higher Education for the purposes of the Allen
Hall Phase II project described in subsection (1) of this section.
(3) Moneys in the account
shall be considered to be General Fund moneys for purposes of section 1 (3),
Article XI-G of the Oregon Constitution, and are continuously appropriated for
that purpose. The account shall not be credited with more than $561,800 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 13. (1) There is established in the General
Fund an account to be known as the Museum of Art Project Account. Funds in the
account shall be used for additions to and alterations of the Museum of Art at
the University of Oregon.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the State System of Higher Education for the purposes of the Museum
of Art project described in subsection (1) of this section.
(3) Moneys in the account
shall be considered to be General Fund moneys for purposes of section 1 (3),
Article XI-G of the Oregon Constitution, and are continuously appropriated for
that purpose. The account shall not be credited with more than $6,360,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 14. (1) There is established in the General
Fund an account to be known as the Straub Hall Project Account. Funds in the
account shall be used for the additions to and alterations of Straub Hall at
the University of Oregon.
(2) The account shall
consist of federal and local government funds made available to and funds
donated to the State System of Higher Education for the purposes of the Straub
Hall project described in subsection (1) of this section.
(3) Moneys in the account
shall be considered to be General Fund moneys for purposes of section 1 (3),
Article XI-G of the Oregon Constitution, and are continuously appropriated for
that purpose. The account shall not be credited with more than $1,166,000 in
donations and federal and local government funds for purposes of this
subsection.
SECTION 15. (1) Notwithstanding any other law, the
State Board of Higher Education shall not issue bonds for a project listed in
section 3 (2)(a), (2)(i), (2)(j) and (4)(g) of this 1999 Act until the total
amount of other revenues, including federal funds, identified for the project
in the expenditure limitation has been received by the board.
(2) Notwithstanding
subsection (1) of this section, the State Board of Higher Education, after
reporting to the Emergency Board, may issue bonds for a project listed in
section 3 (2)(a), (2)(i), (2)(j) and (4)(g) of this 1999 Act if the total
amount of other revenues, including federal funds, identified for the project
in the expenditure limitation has not been received by the State Board of
Higher Education.
SECTION 16. Notwithstanding any other law, all sections
of this 1999 Act are subject to Oregon Department of Administrative Services
rules related to allotting, controlling, and encumbering funds.
SECTION 17. 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 July 1, 1999.
Approved by the Governor
July 30, 1999
Filed in the office of
Secretary of State July 30, 1999
Effective date July 30, 1999
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