Chapter 351 — Higher
Education Generally
2011 EDITION
HIGHER EDUCATION GENERALLY
EDUCATION AND CULTURE
POLICY ON HIGHER EDUCATION
351.001 Legislative
findings
351.003 Additional
findings
351.006 Fundamental
goals of public higher education
351.009 Mission
of education beyond high school
OREGON UNIVERSITY SYSTEM
(Generally)
351.011 Oregon
University System established
(State Board)
351.015 State
Board of Higher Education
351.020 Directors;
appointment; confirmation
351.040 Term;
removal; compensation and expenses of directors
351.045 President;
meetings; quorum
351.047 Mission
statements and academic programs of public universities
351.049 Approval
of mission statements by Higher Education Coordinating Commission
351.052 Biennial
funding request; performance compact; report on performance; rules
351.054 Budgetary
items in funding request; allocation of funds
351.057 Expenditure
limitation approval not required
351.060 Board
general powers as to control and management of property; legal proceedings;
financing agreements; rules
351.062 Board
delegation of powers, duties or functions
351.063 Setting
of enrollment fees; fee remissions; rules
351.064 Limits
on enrollment fees
351.065 Personnel
records; rules
351.067 Sources
of compensation for officers and employees; potential conflict of interest;
reporting; rules
351.070 Board
general powers as to Oregon University System and universities; rules
351.072 Adoption
of certain standards not subject to rulemaking procedures; limitations
(Chancellor)
351.075 Chancellor
of Oregon University System
351.077 Implementation
of minority teacher recruitment plans
351.085 Duties
and powers of chancellor
(Administration)
351.086 Applicability
of certain laws to Oregon University System; status of Oregon University System
as public body
351.087 Policies
for operation of Oregon University System; transfer of authority from Oregon
Department of Administrative Services
351.088 Establishment
of adjudicative procedures
351.092 Acquisition,
installation and use of data processing equipment
351.094 Provision
of group insurance for employees; expense reimbursement plan; deferred
compensation plan
351.096 Insurance;
self-insurance program
351.097 Payment
of salaries or compensation; payroll; overpayment
351.100 Advertising
and publicity
351.105 Rules
for minimum content of alcohol and drug abuse policy
351.110 Relationship
with Legislative Assembly
351.115 Four-year
and five-year options for teacher education programs
351.117 American
Sign Language courses
351.130 Encouragement
of gifts and donations to board and Oregon University System; Higher Education
Donation Fund; use of gifts and donations
351.140 Board
power to purchase real property
351.150 University
realty
351.153 “Structure”
defined
351.155 Authority
to sell forest products on university realty
351.160 Construction
and acquisition of buildings and structures
351.165 Report
on capital construction projects
351.170 Charges
for use of buildings, structures and projects; student building fee;
disposition of receipts
351.180 Building
insurance
351.190 Acquisition
of land for building purposes
351.203 Cooperation
with Education and Workforce Policy Advisor; cooperation with Higher Education
Coordinating Commission mediation process; compliance with certain commission
decisions
351.205 Interchange
of faculty members with schools outside Oregon
351.210 Disposition
of unnecessary equipment, goods, supplies, material and information technology;
disposition of proceeds
351.220 Acquisition
of intellectual property
351.230 Management,
development and disposition of intellectual property
351.240 Terms
and conditions of transactions in intellectual property; dissemination of
information
351.250 Account
for revenues from intellectual property
351.260 Planning
assistance
351.267 Notice
of reasonable assurance of continued employment; effect of failure to give
notice
351.277 Officially
sanctioned programs for use of state-owned vehicles; rules
351.282 Responsibility
for indemnity and defense of officers, agents and employees
351.284 Responsibility
for indemnity and defense related to risk management and insurance functions
351.287 Responsibility
for liabilities
351.293 Tuition
waiver for foster child
351.296 Armed
Forces recruitment on campuses; rules
FINANCES
(Generally)
351.300 Legislative
finding on need for stabilized funding
351.310 Board’s
general financial power; appropriation of moneys received by board
351.317 Obligations
under ORS 351.140 not indebtedness of state or Oregon University System
351.320 Prorating
expenses
351.340 Use
of moneys
(Bonds)
351.345 Bond
issue for higher education and community college projects
351.350 Bond
issue for self-liquidating higher education purposes
(Temporary provisions relating to issuance
of bonds are compiled as notes following ORS 351.350)
351.353 Construction
of parking facilities; bonds
351.356 Financial
agreements
351.440 Sale
to State of Oregon or United States Government
351.450 Account
for net proceeds of Article XI-F(1) and Article XI-G bonds
351.455 Deposit
of proceeds of Article XI-F(1) and Article XI-G bonds in subaccount
351.460 Account
for payment of principal and interest of Article XI-F(1) and Article XI-G bonds
and financial agreements
351.473 Definitions
for ORS 351.473 to 351.485
351.476 Higher
education revenue bonds
351.479 Higher
education revenue bond account for bond proceeds
351.482 Higher
education revenue bond account for payment of interest, principal and premiums
351.485 Higher
education revenue bond account for payment of bond-related costs
351.500 Repealed
statutes continued effective until bonds redeemed
(Federal Funds)
351.505 Federal
aid; donations; acceptance and use
(Funds and Accounts)
351.506 Oregon
University System Fund
(Temporary provisions relating to higher
education facilities accounts are compiled as notes following ORS 351.506)
351.507 Oregon
State University Animal Sciences Pavilion Account
351.508 Oregon
State University Steam Plant Account
351.509 Portland
State University Center for Nanoscience and
Nanotechnology Account
351.511 Portland
State University Northwest Engineering Science Center Phase I Account
351.516 Eastern
Oregon University Regional Agricultural, Health and Life Sciences Building
Account
351.517 University
of Oregon Education Building and Complex Account
351.518 University
of Oregon Gilbert Hall Account
351.519 University
of Oregon Integrative Science Complex Account
351.521 University
of Oregon School of Music Account
351.532 Oregon
State University Engineering Capital Construction Remodel Account
351.538 Museum
of Art Project Account
351.539 Straub
Hall Project Account
351.545 Account
to pay principal and interest of bonds authorized by ORS 351.350
351.590 Account
for student activities
351.615 Account
for auxiliary enterprise building repair and equipment replacement
351.626 Account
for construction, remodeling, expansion and renovation of facilities
351.627 Account
for capital construction
351.628 Higher
Education Academic Modernization Account
351.633 Contracts
for capital construction when funds in account are insufficient
351.638 Account
for recruitment of faculty
STUDENTS
351.642 Status
of members of Armed Forces; spouses and children
351.643 Rights
of student in military ordered to active duty; rules
351.644 Credit
for room, board, tuition and fees for student ordered to active duty; rules
351.646 Credit
for education and training received while in Armed Forces; rules
351.647 Nonresident
tuition in post-secondary educational institutions
351.649 Student
journalists; student expression; civil action
351.653 Interstate
agreements
351.656 Waiver
of tuition for family members of deceased veterans; limits on waiver;
conditions
351.658 Waiver
of tuition for Oregon residents at least 65; conditions for waiver; rules
ENGINEERING EDUCATION
351.663 Engineering
and Technology Industry Council; establishment; membership; duties; investment
of fund
351.666 Account
for investments in engineering education
351.668 Use
of money in account
VENTURE GRANT PROGRAM
351.692 Venture
grant program; applicant requirements
351.695 University
venture development funds; deposit; use; fee
351.697 Purpose
of funds; disbursement; assessment; report
FACULTY
351.700 “Public
institution of higher education” defined
351.704 Health
care benefits for part-time faculty
351.708 Review
of employment of full-time and part-time faculty; report to Legislative
Assembly and Governor
HIGHER EDUCATION COORDINATING COMMISSION
351.715 Higher
Education Coordinating Commission; members; confirmation
351.718 Qualifications
of members
351.722 Officers;
quorum; meetings
351.725 Executive
officer; subordinate officers and employees
351.728 Rules
351.732 Advisory
and technical committees
351.735 Duties
and powers
351.738 Delegation
of powers
WESTERN REGIONAL HIGHER EDUCATION
COMPACT
351.770 Western
Regional Higher Education Compact ratified
351.780 Compact
provisions
351.790 Effective
time of compact
351.800 Commission
members; appointment and removal
351.810 Authority
to take action to achieve ends of compact
351.820 Contracts
with commission to furnish out-of-state educational service to Oregon students
351.830 Selection
of Oregon residents to receive out-of-state educational service
351.840 Contracts
with commission to furnish educational service in Oregon public universities to
out-of-state students
RESEARCH POLICY
351.865 Definition
for ORS 351.865 to 351.890
351.870 Findings
and policy for ORS 351.865 to 351.890
351.875 Account
for research
351.880 Council
for Research Policy Recommendations
351.885 Administration
of account
351.890 Short
title
POLICY ON HIGHER EDUCATION
351.001 Legislative findings.
The Legislative Assembly finds that:
(1)
For its survival and political well-being, Oregon needs wise and effective
leadership and an informed citizenry.
(2)
For its survival and economic well-being, Oregon needs able and imaginative men
and women for the direction and operation of all its institutions, for the
production of goods and services and for the management of its fiscal affairs.
Oregon also needs alert and informed consumers.
(3)
For its cultural advancement, Oregon needs creative talent as well as
appreciative and discriminating readers, viewers and listeners. Oregon also
needs people who understand the diverse patterns of behavior, communication and
belief that make up the common cultures of the various communities in which we
all must function.
(4)
For its survival, Oregon needs citizens who understand the interdependence of
human beings and our shared dependence on the resources provided by our natural
environment.
(5)
Oregon needs people who, in the roles of parents and teachers and in other
capacities, are able to transmit the state’s and the nation’s ideals and
heritage to future generations.
(6)
For their personal well-being, individual Oregonians need to cultivate an
advanced literacy essential to leading productive and rewarding lives. This
includes the capacity to think logically and critically; to internalize and
exemplify humane values; to write, speak and figure clearly and accurately; to
understand, in some depth, a variety of psychological, historical, cultural,
aesthetic and scientific concepts and theories; and to master a range of
occupational, professional, avocational, social and
personal skills. [1993 c.240 §1; 2011 c.637 §31]
351.003 Additional findings.
In addition to making the findings under ORS 351.001, the Legislative Assembly
finds that:
(1)
Oregonians need access to educational opportunities beyond high school and
throughout life.
(2)
To meet the societal and individual needs described under ORS 351.001,
Oregonians have created and should sustain diverse institutions of higher
education, both independent and state-assisted.
(3)
These institutions have developed the intellectual capacity of Oregonians and
have prepared thousands of them for productive and fulfilling careers.
(4)
These institutions should provide educational access to all segments of Oregon’s
diverse population.
(5)
These institutions provide research that generates knowledge value essential
for Oregon’s economic growth.
(6)
These institutions engage the professional expertise of their faculties to
solve social problems.
(7)
These institutions provide important cultural activities and services that add
to Oregon’s quality of life. [1993 c.240 §2; 2001 c.964 §1; 2011 c.638 §2]
351.005 [1993
c.240 §3; repealed by 2011 c.637 §291 and 2011 c.638 §1]
351.006 Fundamental goals of public higher
education. The Legislative Assembly finds that public
higher education is necessary to accomplish the findings in ORS 351.001 and
recognizes the following as fundamental goals of public higher education in
this state:
(1)
Creating an educated citizenry to support responsible roles in a democratic
society and provide a globally competitive workforce to drive this state’s
economy, while ensuring access for all qualified Oregonians to a high-quality
post-secondary education;
(2)
Ensuring a high-quality learning environment that allows students to succeed;
(3)
Creating original knowledge and advancing innovation; and
(4)
Contributing positively to the economic, civic and cultural life of communities
in all regions of Oregon. [2011 c.637 §17]
Note:
351.006 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.007 [1993
c.240 §4; repealed by 2011 c.637 §291 and 2011 c.638 §1]
351.009 Mission of education beyond high
school. The Legislative Assembly declares that
the mission of all education beyond high school in Oregon includes achievement
of the following by 2025:
(1)
Ensure that at least 40 percent of adult Oregonians have earned a bachelor’s
degree or higher;
(2)
Ensure that at least 40 percent of adult Oregonians have earned an associate’s
degree or post-secondary credential as their highest level of educational
attainment; and
(3)
Ensure that the remaining 20 percent or less of all adult Oregonians have
earned a high school diploma, an extended or modified high school diploma or
the equivalent of a high school diploma as their highest level of educational
attainment. [1993 c.240 §5; 2011 c.638 §3]
Note:
Sections 1 and 2, chapter 640, Oregon Laws 2011, provide:
Sec. 1. (1)
The Task Force on Higher Education Student and Institutional Success is
established, consisting of 17 members appointed as follows:
(a)
The Governor shall appoint:
(A)
One member from the State Board of Higher Education.
(B)
One member from the board of a community college district in this state.
(C)
Two members, each of whom is a faculty member of a state institution of higher
education listed in ORS 352.002. One shall be a faculty member from the
University of Oregon, Oregon State University or Portland State University, and
one shall be a faculty member from one of the other state institutions of
higher education listed in ORS 352.002.
(D)
One member who is a faculty member of a community college in this state.
(E)
Two members, each of whom is a student at a state institution of higher
education listed in ORS 352.002. One shall be a student from the University of
Oregon, Oregon State University or Portland State University, and one shall be
a student from one of the other state institutions of higher education listed
in ORS 352.002.
(F)
One member who is a student at a community college in this state.
(G)
One member who is a president of a state institution of higher education listed
in ORS 352.002.
(H)
One member who is a president of a community college in this state.
(I)
Two members, each of whom is a representative of an Oregon-based business. At
least one shall represent a small Oregon-based business.
(J)
One member who is a nonfaculty staff member at a
state institution of higher education listed in ORS 352.002.
(b)
The President of the Senate shall appoint two members from among members of the
Senate.
(c)
The Speaker of the House of Representatives shall appoint two members from
among members of the House of Representatives.
(2)
The task force shall, for higher education students and institutions in this
state:
(a)
Examine best practices and models for accomplishing student and institutional
success, as such success is measured by achievement of the mission of higher
education set forth in ORS 351.009 and the policy for community colleges set
forth in ORS 341.009;
(b)
Consider institutional and statutory barriers to student success and completion
of programs;
(c)
Examine methods for students to acquire basic skills and career preparation
skills;
(d)
Review alternative funding options for providing necessary services to students
and promoting best practices for student success and completion; and
(e)
Compare alternative funding options instituted in other states for improving
student and institutional success.
(3)
To accomplish the tasks set forth in subsection (2) of this section, the task
force shall:
(a)
Facilitate discussions with key higher education stakeholders at the
institutional and board levels;
(b)
Hold public hearings throughout this state to gain input on its tasks; and
(c)
Review work done by previous committees and task forces in this state, as well
as by relevant professional organizations and other states.
(4)
A majority of the members of the task force constitutes a quorum for the
transaction of business.
(5)
Official action by the task force requires the approval of a majority of the
members of the task force.
(6)
The task force shall elect one of its members to serve as chairperson.
(7)
If there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective.
(8)
The task force shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the task force.
(9)
The task force may adopt rules necessary for the operation of the task force.
(10)(a)
The task force shall submit an initial report, and may include recommendations
for legislation, to any interim legislative committees related to higher
education no later than December 1, 2011.
(b)
The task force shall submit a final report, and may include recommendations for
legislation, to any interim committees related to higher education no later
than October 15, 2012.
(c)
The task force may submit periodic updates to any interim legislative
committees related to higher education while completing its tasks and preparing
its reports.
(11)
The Joint Boards of Education, or any successor coordinating commission, shall
provide staff support to the task force.
(12)
Members of the task force are not entitled to compensation.
(13)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the task force in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the task force consider necessary to perform their
duties. [2011 c.640 §1]
Sec. 2.
Section 1 of this 2011 Act is repealed on the date of the convening of the 2013
regular session of the Legislative Assembly as specified in ORS 171.010
[February 4, 2013]. [2011 c.640 §2]
351.010
[Amended by 1973 c.379 §1; 1997 c.450 §1; 2007 c.290 §1; 2009 c.762 §1; 2011
c.637 §32; renumbered 351.015 in 2011]
OREGON UNIVERSITY SYSTEM
(Generally)
351.011 Oregon University System
established. The Oregon University System is
established as a public university system, consisting of the office of the
Chancellor of the Oregon University System, the public universities listed in
ORS 352.002 and any related offices, departments or activities. The State Board
of Higher Education, on behalf of the Oregon University System, shall exercise
and carry out all of the powers, rights and duties that are expressly conferred
upon the board or that are implied by law or incident to such powers, rights
and duties. The Oregon University System is an instrumentality of the state and
a government entity performing governmental functions and exercising
governmental powers. Notwithstanding the status of the Oregon University System
as an instrumentality of the state, the Oregon University System is not
eligible to request or receive legal services from the Attorney General and the
Department of Justice pursuant to ORS chapter 180, except as otherwise expressly
provided by law. The Oregon University System is not considered a unit of local
or municipal government. [2011 c.637 §19]
(State Board)
351.015 State Board of Higher Education.
The Oregon University System shall be conducted under the control of a board of
15 directors, to be known as the State Board of Higher Education. Except as
otherwise provided by law, the board has sole authority to govern, set policy
and otherwise manage the affairs of the public universities listed in ORS
352.002. The board shall consist of:
(1)
Two students who at the time of their appointment to the board are attending
different public universities listed in ORS 352.002.
(2)
One member of the faculty at Oregon State University, Portland State University
or University of Oregon.
(3)
One member of the faculty at Eastern Oregon University, Oregon Institute of
Technology, Southern Oregon University or Western Oregon University.
(4)
Eleven members of the general public who are not students or faculty members at
the time of appointment. [Formerly 351.010]
Note:
Section 33, chapter 637, Oregon Laws 2011, provides:
Sec. 33. (1)
The directors added to the State Board of Higher Education by the amendments to
ORS 351.010 [renumbered 351.015] in section 32 of this 2011 Act shall be appointed
for terms beginning July 1, 2012.
(2)
Notwithstanding the term of office specified in ORS 351.040, of the directors
added to the board by the amendments to ORS 351.010 in section 32 of this 2011
Act:
(a)
One shall serve for a term ending June 30, 2014;
(b)
One shall serve for a term ending June 30, 2015; and
(c)
One shall serve for a term ending June 30, 2016. [2011 c.637 §33]
351.020 Directors; appointment;
confirmation. (1) The directors of the State Board of
Higher Education must be residents of Oregon and are appointed by the Governor.
The appointments are subject to the confirmation of the Senate in the manner
provided by ORS 171.562 and 171.565. No director who is not a student or
faculty member at the time of appointment may be an employee of any of the
public universities or offices, departments or activities under the control of
the State Board of Higher Education. The faculty members appointed under this
section may not participate in any discussions or action by the board or attend
any executive session of the board involving collective bargaining issues that
affect faculty at any public university listed in ORS 352.002.
(2)
To assist the Governor in making appointments of the student members as
provided in ORS 351.015, the duly organized and recognized entities of student
government at each public university shall submit a list of nominees to the
Governor. The entities are entitled to no more than three nominees per public
university. The Governor shall consider these lists in the selection of the
student members to be appointed to the State Board of Higher Education.
(3)
To assist the Governor in making appointments of the faculty members as
provided in ORS 351.015, a duly organized and recognized association of faculty
members may submit a list of nominees to the Governor. The Governor shall
consider any submitted list in the selection of the faculty members to be
appointed to the State Board of Higher Education.
(4)
When making an appointment of the faculty or student members as provided in ORS
351.015, the Governor shall rotate the appointments among representatives from
various public universities to ensure equal representation among the public
universities. [Amended by 1955 c.284 §1; 1969 c.695 §6; 1973 c.379 §2; 1997
c.450 §2; 2007 c.290 §2; 2011 c.637 §34]
351.030
[Repealed by 1961 c.167 §38 (171.560 enacted in lieu of 351.030)]
351.040 Term; removal; compensation and
expenses of directors. (1) Directors of the State Board
of Higher Education shall hold office for a term of four years except for
directors who are students or faculty members at the time of appointment, whose
terms shall be two years. All terms begin July 1 of the year of appointment. No
person may be appointed to serve consecutively more than two full terms as a
director. Any person appointed to fill a vacancy occurring prior to the
expiration of any term shall be appointed for the remainder of such term.
(2)
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 be for corrupt conduct in office.
(3)
The directors are entitled to compensation and expenses as provided in ORS
292.495. [Amended by 1961 c.167 §41; 1967 c.530 §8; 1969 c.314 §25; 1971 c.485 §3;
1973 c.379 §3; 1997 c.450 §3]
Note: See
note under 351.015.
351.045 President; meetings; quorum.
The board shall elect one of its members as president who shall serve for the
fiscal year for which the president is elected. The board shall meet at least
four times each fiscal year at such times and places as the president may
determine. Eight members shall constitute a quorum for the transaction of
business. [Formerly 351.050]
351.047 Mission statements and academic programs
of public universities. The State Board of Higher
Education shall:
(1)
Review all mission statements of the public universities listed in ORS 352.002;
and
(2)
Approve all academic programs offered at the public universities, and shall
ensure that the academic programs:
(a)
Are consistent with the mission statement of the respective public university;
(b)
Do not unnecessarily duplicate academic programs offered by other public
universities listed in ORS 352.002; and
(c)
Are allocated among the public universities in the Oregon University System to
maximize the achievement of statewide needs and requirements. [2011 c.637 §23]
351.049 Approval of mission statements by
Higher Education Coordinating Commission. The
State Board of Higher Education shall forward all mission statements of the
public universities listed in ORS 352.002 to the Higher Education Coordinating
Commission for approval. [2011 c.637 §23a]
Note:
351.049 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
Note:
351.049 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.050
[Amended by 1973 c.379 §4; 1995 c.79 §190; 2011 c.637 §35; renumbered 351.045
in 2011]
351.052 Biennial funding request;
performance compact; report on performance; rules.
(1) For the purposes of this section, “performance compact” means an agreement
between the State Board of Higher Education and the State of Oregon to achieve
certain performance targets in order to enhance the success of Oregon
University System students in exchange for consideration of the appropriations
sought in a funding request submitted by the State Board of Higher Education to
the Oregon Department of Administrative Services.
(2)(a)
On or before May 1 of each even-numbered year, the State Board of Higher
Education shall submit a draft funding request to the Higher Education
Coordinating Commission for the Oregon University System, applicable to the
biennium beginning on July 1 of the following year. The draft funding request
must include a performance compact.
(b)
If the Higher Education Coordinating Commission approves the draft funding request
and performance compact, or approves the draft funding request and performance
compact with modifications, the commission shall take such action prior to
August 15 of the same even-numbered year.
(c)
If the Higher Education Coordinating Commission rejects the draft funding
request and performance compact, the commission shall take such action prior to
June 15 of the same even-numbered year. In returning the rejected draft funding
request and performance compact to the State Board of Higher Education, the
commission shall give specific direction to the board regarding the changes
necessary to earn commission approval.
(3)
On or before September 1 of each even-numbered year, the State Board of Higher
Education shall submit the funding request and performance compact to the
Oregon Department of Administrative Services for the Oregon University System.
(4)
The Governor’s biennial budget submitted to the Legislative Assembly may
include the State Board of Higher Education’s funding request submitted to the Oregon
Department of Administrative Services for the Oregon University System. Any
funding request approved by the Legislative Assembly must specify that the
moneys be appropriated to the Oregon Department of Administrative Services for
allocation to the Oregon University System.
(5)
The funding request must include, in addition to the performance compact, a
report on performance from the previous biennium’s performance compact.
(6)
The State Board of Higher Education shall, by rule, establish a framework for
the development of a performance compact that must accompany the funding
request to the Oregon Department of Administrative Services. The framework must
address, among other issues, the issue of tuition affordability for students. [2011
c.637 §21]
Note:
351.052 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
Note:
Sections 22 and 22a, chapter 637, Oregon Laws 2011, provide:
Sec. 22.
Sections 21 [351.052] and 21a [351.054] of this 2011 Act apply to biennia
beginning on or after July 1, 2015. [2011 c.637 §22]
Sec. 22a.
(1) On or before September 1, 2012, the State Board of Higher Education shall
submit a funding request and performance compact for the biennium beginning
July 1, 2013, to the Oregon Department of Administrative Services for the
Oregon University System.
(2)
The Governor’s biennial budget submitted to the Legislative Assembly for the
biennium beginning July 1, 2013, may include the State Board of Higher
Education’s funding request submitted to the Oregon Department of
Administrative Services for the Oregon University System. Any funding request
approved by the Legislative Assembly must specify that the moneys be
appropriated to the Oregon Department of Administrative Services for allocation
to the Oregon University System.
(3)
The State Board of Higher Education shall, by rule, establish a framework for
the development of the performance compact that must accompany the funding
request to the Oregon Department of Administrative Services for the biennium beginning
July 1, 2013. The framework must address, among other issues, the issue of
tuition affordability for students.
(4)
The State Board of Higher Education is authorized to:
(a)
Request, as part of the funding request under subsection (1) of this section,
appropriations for budgetary items, including but not limited to education and
general operations, statewide public services, state funded debt service,
capital improvements and other special initiatives and investments; and
(b)
Allocate moneys, from funds appropriated to the board and other available
moneys, among the office of the Chancellor of the Oregon University System,
public universities listed in ORS 352.002 and offices, departments and
activities under the control of the board. [2011 c.637 §22a]
351.054 Budgetary items in funding request;
allocation of funds. The State Board of Higher
Education is authorized to:
(1)
Request, as part of the funding request under ORS 351.052, appropriations for
budgetary items, including but not limited to education and general operations,
statewide public services, state funded debt service, capital improvements and
other special initiatives and investments; and
(2)
Allocate moneys, from funds appropriated to the board and other available
moneys, among the office of the Chancellor of the Oregon University System,
public universities listed in ORS 352.002 and offices, departments and
activities under the control of the board. [2011 c.637 §21a]
Note:
351.054 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
Note: See
second note under 351.052.
351.057 Expenditure limitation approval
not required. The State Board of Higher Education is
not required to seek expenditure limitation approval from the Legislative
Assembly to spend any available moneys, including but not limited to moneys
from enrollment fees collected pursuant to ORS 351.063. [2011 c.637 §21b]
351.060 Board general powers as to control
and management of property; legal proceedings; financing agreements; rules.
The State Board of Higher Education may:
(1)
Control and provide for, subject to the conditions of this section, the custody
and occupation of the grounds, buildings, books, papers and documents belonging
to each and all of the public universities and offices, departments or
activities under the control of the State Board of Higher Education.
(2)
Manage, control and apply all property of whatever nature given to or
appropriated for the use, support or benefit of any or all of the public
universities or offices, departments or activities under the control of the
State Board of Higher Education, according to the terms and conditions of such
gift or appropriation. Moneys received under this section shall be deposited in
a designated account in the Oregon University System Fund established by ORS
351.506. Interest earned by the account shall be credited to the account.
(3)
Design, acquire, erect, improve, repair, maintain, lease, renovate, demolish,
equip, furnish and dispose of buildings, structures and lands necessary for
carrying out its powers, rights and duties.
(4)
Acquire, receive, hold, control, convey, sell, manage, operate, lease, lend,
license, improve and develop any and all property, real or personal:
(a)
Given to any of the public universities or offices, departments or activities
under the control of the State Board of Higher Education by private donors,
whether such gifts are made to the State Board of Higher Education or to the
State of Oregon; or
(b)
Acquired by any other method or from any source by the State Board of Higher
Education for the benefit of any of the public universities or offices,
departments or activities under the control of the board, except for any
structure, equipment or asset encumbered by a certificate of participation.
(5)
Exercise the power of eminent domain for the condemnation of property of any
kind and all water rights, easements and appurtenances thereto that the State
Board of Higher Education considers necessary for carrying out the powers,
rights and duties of the board.
(6)
Take and hold mortgages on real and personal property acquired by way of gift
or arising out of transactions entered into in accordance with the powers,
rights and duties of the State Board of Higher Education.
(7)
Institute, maintain and participate in suits and actions and other judicial
proceedings, in the name of the State of Oregon, for the foreclosure of such
mortgages or for the purpose of carrying into effect any and all of the powers,
rights and duties of the State Board of Higher Education. Except as otherwise
provided by ORS 30.260 to 30.300, the board has the authority to defend and
indemnify its employees, officers and agents when they are acting in good faith
within the course and scope of their duties for public purposes.
(8)
Acquire, receive, hold, control, sell, manage, operate, lease, license or lend
any goods, supplies, materials, equipment, services and information technology,
for the use, support or benefit of any of the public universities or offices,
departments or activities under the control of the State Board of Higher
Education.
(9)
With the approval of the State Treasurer, request that the Oregon Department of
Administrative Services enter into financing agreements in accordance with ORS
283.085 to 283.092 on behalf of the Oregon University System. The Oregon
University System shall be considered a state agency for purposes of ORS
286A.730.
(10)
Own, control and operate Oregon University System motor vehicles for use by
public universities and offices, departments and activities under the control
of the State Board of Higher Education. The board shall, by rule, establish
requirements governing the use and operation of Oregon University System motor
vehicles.
(11)
Hire or retain attorneys for the provision of legal services, including but not
limited to general advice, representation in litigation and representation in
appellate matters. The State Board of Higher Education shall reimburse the
State Treasurer for legal fees incurred in connection with borrowings done at
the request of the Oregon University System. [Amended by 1959 c.570 §1; 1975
c.771 §31a; 1985 c.443 §6; 1989 c.966 §33; 2001 c.453 §2; 2003 c.674 §6; 2009
c.762 §6; 2011 c.637 §36]
351.062 Board delegation of powers, duties
or functions. Except for the power to prescribe
enrollment fees under ORS 351.063 and the power to adopt rules, the State Board
of Higher Education may delegate any of the powers, duties or functions of the
board to a committee of the board, the Chancellor of the Oregon University System
or a president of a public university listed in ORS 352.002. [2009 c.391 §2;
2011 c.637 §37]
351.063 Setting of enrollment fees; fee
remissions; rules. (1) The State Board of Higher
Education shall set enrollment fees for each public university listed in ORS
352.002. Enrollment fees include tuition for education and services and any
other charges found by the State Board of Higher Education to be necessary to
carry out the educational program of the Oregon University System.
(2)
The State Board of Higher Education shall, by rule, establish a process under
which each public university may develop and submit proposed enrollment fees
for board consideration. The process must provide for participation of enrolled
students and the recognized student government of the public university.
(3)
Each public university listed in ORS 352.002 is authorized to offer fee
remissions to its students, including remissions offered on the basis of need,
from any authorized source of revenue. Moneys appropriated from the General
Fund may not be used to fund fee remissions to students of the public
university. [2011 c.637 §20]
351.064 Limits on enrollment fees.
The Higher Education Coordinating Commission may set limits on the enrollment
fees established by the State Board of Higher Education under ORS 351.063 (1). [2011
c.637 §20a]
Note:
351.064 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
351.065 Personnel records; rules.
(1) The State Board of Higher Education may, for each public university or
office, department or activity under its control, adopt rules and specific
orders by or through the president of each public university governing access
to personnel records of the public university or office, department or activity
that are less than 25 years old.
(2)
Rules adopted under subsection (1) of this section shall require that personnel
records be subjected to restrictions on access unless upon a finding by the
president of the public university 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 promulgated pursuant to this section shall deny to a faculty
member full access to the member’s personnel file or records kept by the board
or its public universities or offices, departments or activities, except as
provided in subsections (7) and (8) of this section.
(4)
The number of files relating to the evaluation of a faculty member shall be
limited to three, to be kept in designated, available locations.
(5)
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.
(6)
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.
(7)
Letters and other information submitted in confidence to the board or its
public universities, offices, departments or activities prior to July 1, 1975,
shall be maintained in the files designated. 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 by subsection (4) of this section.
(8)
Confidential letters and other information submitted to or solicited after July
1, 1975, by the board or its public universities, offices, departments or
activities prior to the employment of a prospective faculty member are exempt
from the provisions of this section. However, if the member is employed by the
board or its public universities, offices, departments or activities, the
confidential preemployment materials shall be placed
in the three authorized files. 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 designated in subsection
(4) of this section.
(9)
Classroom survey evaluation 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 subsection (4) of
this section. All survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(10)
After July 1, 1975, the board and its public universities, offices, departments
or activities, when evaluating its employed faculty members, may not solicit or
accept letters, documents or other materials, given orally or in written form,
from individuals or groups who wish their identity kept anonymous or the
information they provide kept confidential.
(11)
No rule or order promulgated pursuant to this section limits the authority of
the public universities, offices, departments or activities under the control
of the board to prepare, without identification of individual persons who have
not consented thereto, statistical or demographic reports from personnel
records.
(12)
Any category of personnel records specifically designated as confidential
pursuant to valid rules or orders pursuant to this section is not a public
record for the purposes of ORS 192.420.
(13)
As used in this section, “personnel records” means records containing
information kept by the public university, office, department or activity
concerning a faculty member and furnished by the faculty member or by others
about the faculty member at the request of the faculty member or the public
university, office, department or activity, including, but not limited to,
information concerning discipline, membership activity, employment performance
or other personal records of individual persons. [1971 c.566 §1; 1975 c.317 §1;
1979 c.159 §1; 2011 c.637 §208]
351.067 Sources of compensation for
officers and employees; potential conflict of interest; reporting; rules.
(1) In carrying out its authority under ORS 351.070, the State Board of Higher
Education may authorize receipt of compensation for any officer or employee of
the Oregon University System 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 Oregon University System;
(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 Oregon University System and the private entity; and
(e)
Performing public duties paid by private organizations, including institution
corporate affiliates, that augments an officer’s or employee’s publicly funded
salary. Such income shall be authorized and received in accordance with
policies and rules established by the board.
(2)
The board may not authorize compensation, as described in subsection (1) of
this section, that, in the board’s judgment, does not comport with the mission
of a public university listed in ORS 352.002 and the Oregon University System
or substantially interferes with an officer’s or employee’s duties to the
Oregon University System.
(3)
Any compensation described and authorized under subsection (1) of this section
is considered official compensation or reimbursement of expenses for purposes
of ORS 244.040 and is not considered an honorarium prohibited by ORS 244.042.
If authorization or receipt of the compensation creates a potential conflict of
interest, the officer or employee shall report the potential conflict in
writing in accordance with rules of the board. The disclosure is a public
record subject to public inspection.
(4)
The board shall adopt by rule standards governing employee outside employment
and activities, including potential conflict of interest, as defined by board
rule and consistent with ORS 244.020, and the public disclosure thereof, and
procedures for reporting and hearing potential or actual conflict of interest
complaints. [1989 c.1090 §2; 1991 c.614 §1; 1993 c.743 §22a; 2003 c.14 §155;
2007 c.877 §26; 2011 c.637 §209]
351.070 Board general powers as to Oregon
University System and universities; rules. (1)
The State Board of Higher Education shall, by rule, implement a personnel system
for the Oregon University System and may engage in collective bargaining with
the employees. All collective bargaining with any certified or recognized
exclusive employee representative shall be under the direction and supervision
of the Chancellor of the Oregon University System. The board and the Oregon
University System shall have payroll authority.
(2)(a)
The board shall establish competitive procedures for the purchasing,
procurement and contracting of goods, services and information technology, for
the benefit of the Oregon University System and all the public universities and
offices, departments and activities under the control of the board. The board
may also establish exemptions from the competitive procedures when appropriate.
(b)
The board shall ensure that the hourly rate of wage paid by any contractor upon
all public improvements contracts undertaken for the board shall not be less
than the same rate of wage as determined by the Bureau of Labor and Industries
for an hour’s work in the same trade or occupation in the locality where such
labor is performed. Claims or disputes arising under this subsection shall be
decided by the Commissioner of the Bureau of Labor and Industries.
(c)
The board shall adopt policies and procedures that achieve results equal to or
better than the standards existing on July 17, 1995, regarding affirmative
action, pay equity for comparable work, recycling, the provision of workers’
compensation insurance to workers on contract and the participation of emerging
small businesses and businesses owned by minorities and women.
(3)
The board may, for each public university listed in ORS 352.002:
(a)
Appoint and employ a president and the requisite number of employees and
prescribe their compensation and tenure of office or employment.
(b)
Demand and receive the interest mentioned in ORS 352.510 and all sums due and
accruing for admission and tuition, and apply the same, or so much thereof as
is necessary, to the payment of the compensation referred to in paragraph (a)
of this subsection and the other current expenses.
(c)
Prescribe incidental fees for programs under the supervision or control of the
board found by the board, upon its own motion or upon recommendation of the
recognized student government, to be advantageous to the cultural or physical
development of students. Fees realized in excess of amounts allocated and
exceeding required reserves shall be considered surplus incidental fees and
shall be allocated for programs under the control of the board and found to be
advantageous to the cultural or physical development of students by the
president upon the recommendation of the recognized student government.
(d)
Upon recommendation of the recognized student government, collect optional fees
for student activities not included in paragraph (c) of this subsection or ORS
351.063 as authorized by the president. The payment of such optional fees is at
the option and selection of the student and is not a prerequisite of
enrollment.
(e)
Confer, consistent with the mission and programs of each public university and
on the recommendation of the faculty of the public university, such degrees as
usually are conferred by public universities, or as the faculty deems
appropriate.
(f)
Prescribe the qualifications for admission.
(4)
Subject to such delegation as the board may decide to make to the public
universities and offices, departments and activities under its control, the
board, for each public university, office, department or activity under its
control:
(a)
Shall supervise the general course of instruction therein, and the research,
extension, educational and other activities thereof.
(b)
Shall adopt rules and bylaws for the government thereof, including the faculty,
teachers, students and employees therein.
(c)
Shall maintain cultural and physical development services and facilities therefor and, in connection therewith, may cooperate and
enter into agreements with any person or governmental agency.
(d)
May contract to provide health services at student health centers.
(e)
Shall provide health services at student health centers to students.
(f)
May provide health services at student health centers to any of the following:
(A)
Dependents of students.
(B)
Staff.
(C)
Faculty.
(g)
Shall prescribe and collect charges.
(h)
Shall adopt rules relating to the creation, use, custody and disclosure,
including access, of student education records that are consistent with the
requirements of applicable state and federal law. Whenever a student has
attained 18 years of age or is attending a public university listed in ORS
352.002, the permission or consent required of and the rights accorded to a
parent of the student regarding education records shall thereafter be required
of and accorded to only the student.
(5)
For each public university listed in ORS 352.002, the board shall provide
opportunities for part-time students to obtain complete undergraduate degrees
at unconventional times, which include but are not limited to early morning and
noon hours, evenings and weekends. In administering these degree programs, the
public university may use any educational facility available for the use of the
public university.
(6)
For all public universities listed in ORS 352.002, the board shall, to the
extent feasible and cost beneficial, develop and implement a common admissions
process that permits applicants to be considered for admission to more than one
public university. [Amended by 1953 c.545 §2; 1971 c.375 §1; 1971 c.708 §9;
1973 c.331 §1; 1979 c.159 §2; 1989 c.308 §1; 1989 c.311 §1; 1989 c.492 §1; 1993
c.806 §7; 1995 c.612 §8; 1997 c.231 §1; 1999 c.59 §98; 2003 c.14 §156; 2003
c.674 §7; 2003 c.817 §1; 2009 c.801 §2; 2011 c.637 §38]
Note:
Section 3, chapter 801, Oregon Laws 2009, provides:
Sec. 3. The
State Board of Higher Education shall report the enrollment, revenue, costs and
savings associated with the measures in ORS 351.070 (6) to the Seventy-sixth
Legislative Assembly before October 1, 2010, and the Seventy-seventh
Legislative Assembly before October 1, 2012. [2009 c.801 §3]
351.072 Adoption of certain standards not
subject to rulemaking procedures; limitations.
(1) Notwithstanding ORS chapter 183, the following actions may be taken by the
State Board of Higher Education or the public universities under its control without
compliance with the rulemaking provisions of ORS chapter 183:
(a)
Adoption of standards, regulations, policies or practices relating primarily to
admissions, academic advancement, classroom grading policy, the granting of
academic credits, granting of degrees, scholarships and similar academic
matters.
(b)
Adoption of fees or fee schedules relating to charges for symposiums,
conferences, short courses, food, books or other retail goods, prices of
admission to athletic, entertainment or cultural events or advertising rates in
student or university publications. However, student loan service charges,
charges levied as penalties for prohibited conduct, general tuition, building
fees, incidental fees, health service fees and residence hall and housing charges
shall be adopted in accordance with the provisions of ORS chapter 183.
(2)
Any standards, regulations, policies, practices or fees adopted under this
section by the State Board of Higher Education or by any of the public
universities under its control shall be reduced to writing and made available
to interested persons upon request. [1979 c.593 §31; 1989 c.492 §4; 2011 c.637 §210]
351.073 [1985
c.698 §1; renumbered 351.647 in 1997]
(Chancellor)
351.075 Chancellor of Oregon University
System. The State Board of Higher Education
shall appoint a chief executive officer who shall be known as the Chancellor of
the Oregon University System and who shall serve at the pleasure of the board. [1971
c.708 §10; 2001 c.382 §3; 2005 c.22 §248; 2011 c.637 §39]
351.077 Implementation of minority teacher
recruitment plans. (1) Pursuant to ORS 342.447, the
Chancellor of the Oregon University System shall ensure the implementation of
the plans developed for recruitment of minority teachers.
(2)
The chancellor shall report biennially to the State Board of Higher Education
and the Legislative Assembly on the implementation and results of the plans.
The report may include recommendations on ways in which the Legislative
Assembly can assist in increasing the number of minority teachers. [1991 c.434 §5;
1995 c.79 §191; 2011 c.637 §211]
351.080
[Repealed by 1961 c.238 §1]
351.085 Duties and powers of chancellor.
The Chancellor of the Oregon University System shall exercise, under the
direction of the State Board of Higher Education, the administrative and
management authority necessary to carry out the policies and directives of the
board with respect to the public universities and offices, departments and
activities under the control of the board. In carrying out the duties of the
chancellor, the chancellor shall:
(1)
Serve as chief executive officer of the Oregon University System and
administrative officer of the State Board of Higher Education.
(2)
Supervise the presidents of the public universities listed in ORS 352.002 and
recommend the terms and conditions of their employment to the board, including
but not limited to appointment, compensation and termination.
(3)
Maintain a centralized service program for all public universities and offices,
departments and activities under the control of the board, including but not
limited to accounting, statistical services, capital construction, management
analysis, legal services, academic affairs and educational research.
(4)
Collect and compile information and statistics relative to the operation of the
public universities and offices, departments and activities under the control
of the board.
(5)
Prepare and submit to the board an annual operating budget for all public
universities and offices, departments and activities under the control of the
board, including but not limited to budget allocations to the public
universities and offices, departments and activities.
(6)
Oversee the preparation and submission to the board of the funding request for
the Oregon University System for consideration by the board as the funding
request under ORS 351.052.
(7)
Appoint such personnel as may be necessary for the performance of the duties of
the chancellor.
(8)
Designate, if the chancellor wishes, one or more suitable persons to sign or
countersign warrants, vouchers, certificates or other papers and documents
requiring the signature of the chancellor.
(9)
Prepare the agendas for board meetings and provide an analysis of proposals
made to the board, including such alternatives as may be necessary or desirable
for their consideration, and make recommendations thereon.
(10)
Prepare and submit to the board on or about December 31 of each year an annual
report in which the chancellor describes the principal activities of the Oregon
University System during the fiscal year ending June 30.
(11)
Keep a record of the transactions of the board.
(12)
Have the custody of all books, papers, documents and other property belonging
to the board.
(13)
Give such instructions as may be necessary to carry out the directives of the
board and forward them to the various institution presidents and heads of
offices, departments and activities.
(14)
Provide for meetings of the presidents and principal executives of the public
universities and offices, departments and activities under the control of the
board, at such times as the board may direct. The meetings shall be open to any
member of the board.
(15)
Perform such other administrative or management assistance and consider other
administrative or management matters as the board may require. [1971 c.708 §11;
1987 c.158 §62; 1995 c.79 §192; 2009 c.762 §67; 2011 c.637 §40]
(Administration)
351.086 Applicability of certain laws to
Oregon University System; status of Oregon University System as public body.
(1) Except as otherwise provided in this chapter and ORS chapter 352, the
provisions of ORS chapters 182, 240, 270, 273, 276, 278, 279A, 279B, 279C, 282,
283, 291 and 292 and ORS 180.060, 180.160, 180.210, 180.220, 180.225 and
180.230 do not apply to the Oregon University System.
(2)
Notwithstanding subsection (1) of this section, ORS 182.100, 182.109, 240.167,
276.073 to 276.090, 279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and (3),
279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830, 279C.835,
279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870, 283.085
to 283.092, 291.200, 291.201 to 291.222, 291.223, 291.224 (2) and (6), 291.226,
291.272 to 291.278, 291.322 to 291.334, 291.405, 291.407, 291.445, 292.043 and
292.044 apply to the Oregon University System.
(3)
Notwithstanding subsection (1) of this section, ORS 273.413 to 273.456 apply to
any structure, equipment or asset owned by the Oregon University System that is
encumbered by a certificate of participation.
(4)
Notwithstanding subsection (6) of this section:
(a)
The provisions of ORS chapters 35, 190, 192, 244, 286A, 295 and 297 and ORS
30.260 to 30.460, 184.480, 184.483, 184.486, 184.488, 200.005 to 200.025,
200.045 to 200.090, 200.100 to 200.120, 200.160 to 200.200, 236.605 to 236.640,
243.650 to 243.782, 243.800, 243.820, 243.830, 243.850, 243.910 to 243.945,
307.090 and 307.112 apply to the Oregon University System under the same terms
as they apply to other public bodies other than the State of Oregon.
(b)
The provisions of ORS 293.115, 293.117, 293.130, 293.169, 293.171, 293.205 to
293.225, 293.250, 293.265 to 293.280, 293.285, 293.295, 293.321, 293.353,
293.375, 293.406, 293.465 to 293.485, 293.490, 293.495, 293.525, 293.701 to
293.820, 293.875, 293.880 and 293.990 apply to the Oregon University System
under the same terms as they apply to state agencies with moneys held by the
State Treasurer, to the Oregon University System Fund established in ORS
351.506 and to any other moneys deposited with or held by the State Treasurer
for the Oregon University System.
(5)
Notwithstanding subsections (1) and (6) of this section, the Oregon University
System and its agents and employees remain subject to all statutes and
administrative rules of this state that create rights, benefits or protections
in favor of military veterans, service members and families of service members
to the same extent as an agency of this state would be subject to such statutes
and administrative rules.
(6)
The Oregon University System, as a distinct governmental entity, is not subject
to any provision of law enacted after January 1, 2011, with respect to any
governmental entity, that is unique to governmental entities, unless the
provision specifically provides that it applies to the Oregon University
System.
(7)
In carrying out the duties, functions and powers imposed by law upon the Oregon
University System, the State Board of Higher Education or the Chancellor of the
Oregon University System may contract with any public agency for the performance
of such duties, functions and powers as the board or chancellor considers
appropriate. [1995 c.612 §2; 1997 c.802 §16; 1999 c.210 §1; 2003 c.562 §3; 2003
c.674 §8; 2003 c.794 §259a; 2007 c.71 §97; 2011 c.637 §41]
Note:
Section 41a, chapter 637, Oregon Laws 2011, provides:
Sec. 41a.
Notwithstanding ORS 351.086 (1) as amended by section 41 of this 2011 Act, ORS
chapter 278 and ORS 283.100, 283.110, 283.120, 283.130, 283.140, 283.143,
283.305 to 283.350, 283.415 to 283.425, 283.500 to 283.520 and 283.524 apply to
the Oregon University System prior to July 1, 2012. [2011 c.637 §41a]
351.087 Policies for operation of Oregon
University System; transfer of authority from Oregon Department of
Administrative Services. (1) The State Board of Higher
Education shall establish policies for the operation of the Oregon University
System, consistent with ORS 351.086.
(2)
For the purpose of clarifying areas of oversight and in accordance with
subsection (1) of this section, wherever the Oregon Department of Administrative
Services would otherwise have authority over administrative matters concerning
the performance, operating policies or structure of the Oregon University
System, that authority shall be transferred to the State Board of Higher
Education. [1995 c.612 §4]
351.088 Establishment of adjudicative
procedures. Notwithstanding ORS chapter 183, the
State Board of Higher Education or any public university listed in ORS 352.002
may, by rule, establish adjudicative procedures that are consistent with
federal and state constitutional requirements and other provisions of law. The
adjudicative procedures shall be consistent with ORS 183.413 to 183.497 and
183.502 whenever the type of hearing or procedure required is substantially of
the character that would necessitate the procedures required by ORS 183.413 to
183.470. [1999 c.70 §2; 2007 c.288 §14; 2011 c.637 §212]
351.090
[Repealed by 2011 c.637 §291]
351.092 Acquisition, installation and use
of data processing equipment.
Notwithstanding ORS 293.595, the State Board of Higher Education shall control
and supervise the acquisition, installation and use of all data processing
equipment to be used primarily for the purposes of the accounting records and
accounting system of the Oregon University System. The board may authorize use
of that equipment for other purposes to the extent that use for those other
purposes does not conflict with use for the primary purpose of the Oregon
University System’s accounting records and accounting system. [1995 c.612 §7]
351.094 Provision of group insurance for
employees; expense reimbursement plan; deferred compensation plan.
(1) The State Board of Higher Education shall provide group insurance to
employees of the Oregon University System through the Public Employees’ Benefit
Board or may elect to provide alternative group health and welfare insurance
benefit plans to employees of the Oregon University System if the same level of
benefits is available at a lower cost than through the Public Employees’
Benefit Board.
(2)
For the purposes of ORS 243.555 to 243.575, if the State Board of Higher
Education chooses not to participate in the benefit plans offered through the
Public Employees’ Benefit Board, the State Board of Higher Education may have
the authority granted to the Public Employees’ Benefit Board under ORS 243.555
to 243.575 for the administration of an appropriate expense reimbursement plan.
(3)
The State Board of Higher Education shall offer one or more deferred
compensation plans to employees of the Oregon University System. The Oregon
University System shall, at the discretion of the board, choose whether to
offer its employees the state deferred compensation plan established under ORS
243.401 to 243.507 or another deferred compensation plan that the board elects
to make available to the employees of the Oregon University System. [1995 c.612
§5; 1997 c.179 §29; 1997 c.222 §52; 2011 c.637 §42]
351.095 [1971
c.708 §8; repealed by 1983 c.194 §1]
351.096 Insurance; self-insurance program.
The State Board of Higher Education may purchase any insurance, operate a
self-insurance program or otherwise arrange for the equivalent of insurance
coverage of any nature. [2011 c.637 §36a]
Note:
351.096 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
Note:
351.096 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
Note:
Section 43, chapter 637, Oregon Laws 2011, provides:
Sec. 43. (1)
The State Board of Higher Education shall establish a committee consisting of
representatives of public university management and of employees, both
represented and unrepresented, to evaluate options for:
(a)
An optional retirement plan as described in ORS 243.800; and
(b)
Continued participation in the Public Employees’ Benefit Board, transfer of
employee participation to the Oregon Educators Benefit Board or participation
in other, alternative group health and welfare insurance benefit plans.
(2)
The State Board of Higher Education shall make a report based upon the
recommendations of the committee to the Legislative Assembly prior to October
1, 2012. The State Board of Higher Education may not make any changes to
retirement plans based on the report until July 1, 2013. The State Board of
Higher Education must make any changes to group health and welfare insurance
benefit plans between January 1, 2013, and May 1, 2013, to become effective on
January 1, 2014. [2011 c.637 §43]
351.097 Payment of salaries or compensation;
payroll; overpayment. (1) The payment of salary or
compensation of the officers, teachers, instructors and other employees of the
Oregon University System, where such salary or compensation is payable out of
the State Treasury and is fixed by law or the State Board of Higher Education
at a definite rate per hour, day, week, month or year, shall be made weekly,
biweekly, semimonthly or monthly with any necessary adjustments, as provided in
this section.
(2)
With the approval of the board, the Chancellor of the Oregon University System
shall make out, certify and transmit to the board at the end of each pay period
a payroll, duly verified by the chancellor or other designated officer and
approved by the proper auditing committee or officer, showing the names of the
several officers, teachers, instructors and other employees during the
preceding payroll period, the rate of compensation of each by the hour, day,
week, month or year, the time employed, the amount due and any other facts the
board requires. The board, if it approves the payroll, shall draw a warrant on
the State Treasurer for the aggregate amount allowed in favor of the
chancellor, who shall immediately pay over the moneys received to the several
parties entitled thereto and take receipts therefor,
which shall be transmitted to the board.
(3)
Notwithstanding subsection (2) of this section and pursuant to ORS 293.330, the
State Board of Higher Education may authorize the chancellor to designate a
person employed by and located at each public university under the jurisdiction
of the board to implement and administer the payroll system selected by the
board to pay employees designated by the board. The person shall be under bond
to the State of Oregon.
(4)
When an employee receives payment of salary or compensation in an amount
greater than the employee’s entitlement, the amount of the overpayment may be
deducted from salary or compensation earned by the employee. The deduction may
be in such form and manner as the State Board of Higher Education may
prescribe. [1995 c.612 §6; 1999 c.202 §1; 1999 c.560 §1; 2011 c.637 §213]
351.100 Advertising and publicity.
All advertising and publicity on behalf of all branches of state-supported
higher education shall emanate from and bear the name of the Oregon University
System, and shall be conducted in such a way as to present to the citizens of
the state and prospective students a fair and impartial view of the higher
educational facilities provided by the state and the prospects for useful
employment in the various fields for which those facilities afford preparation.
[Amended by 2009 c.762 §68]
351.105 Rules for minimum content of alcohol
and drug abuse policy. In order to carry out the duties
described in ORS 352.008, the State Board of Higher Education, in consultation
with the Oregon Health Authority and the Alcohol and Drug Policy Commission,
shall adopt by rule, as a minimum, descriptions of the content of what shall be
included in the policy and plan described in ORS 352.008. [1989 c.1076 §5; 2009
c.595 §222; 2011 c.673 §8]
351.110 Relationship with Legislative
Assembly. All relationships and negotiations
between the Legislative Assembly and its various committees and a public
university listed in ORS 352.002 must be carried on through the office of the
Chancellor of the Oregon University System. An employee representing any of the
public universities may not appear before the Legislative Assembly or any
committee except upon the written authority of the State Board of Higher
Education or the chancellor. [Amended by 1999 c.59 §99; 2009 c.762 §69; 2011
c.637 §44]
351.115 Four-year and five-year options
for teacher education programs. The Oregon
University System shall offer a diversity of teacher education programs,
inclusive of four-year and five-year options for completion of the programs.
Both of these options shall qualify for teacher licensing of persons completing
the programs. [1989 c.690 §2]
351.117 American Sign Language courses.
(1) If the State Board of Higher Education determines that enrollment is
sufficient to make an American Sign Language class economically viable and if
qualified instructors are available, the board may offer to students courses
for credit in American Sign Language at a public university. Such courses shall
satisfy any second language elective requirement.
(2)
The State Board of Higher Education is encouraged to continue to:
(a)
Coordinate with the State Board of Education to develop curricula for American
Sign Language courses;
(b)
Implement programs to locate and prepare qualified teachers and interpreters of
American Sign Language; and
(c)
Assist public universities in identifying local and regional needs and
resources available for American Sign Language courses. [1995 c.687 §3; 2007
c.858 §82; 2011 c.637 §214]
Note:
351.117 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.120
[Amended by 1959 c.564 §14; renumbered 351.605 and then 348.210]
351.130 Encouragement of gifts and
donations to board and Oregon University System; Higher Education Donation
Fund; use of gifts and donations. (1) The State
Board of Higher Education shall encourage gifts and donations to the board and
the Oregon University System. For purposes of the public universities listed in
ORS 352.002, the board, to encourage gifts and donations, shall faithfully
devote the gifts or donations to the public university for which the gift or
donation is intended.
(2)
The Higher Education Donation Fund is established in the State Treasury,
separate and distinct from the General Fund. Moneys in the Higher Education
Donation Fund are continuously appropriated to the State Board of Higher
Education for the purpose for which the moneys were donated. Moneys in the fund
may be invested as provided in ORS 293.701 to 293.820, subject to the terms or
restrictions of any gifts or donations. Any interest or other income derived
from the investment of the fund shall be credited to the fund.
(3)
All gifts and donations received shall be used in accordance with the terms of
the gift or donation. Gifts or donations may be deposited in the Oregon
University System Fund established by ORS 351.506 or in the Higher Education
Donation Fund. The board shall consider the amount, nature and purpose of, and
any restriction placed on, gifts and donations, and determine whether to
deposit the gift or donation in the Oregon University System Fund or the Higher
Education Donation Fund. Gifts and donations may be split or transferred
between the Oregon University System Fund and the Higher Education Donation
Fund.
(4)
The interest, income, dividends or profits received on any property or funds of
the State Board of Higher Education or the Oregon University System derived
from gifts and donations, including legacies, devises, bequests or endowments,
are continuously appropriated to the use, maintenance and support of the Oregon
University System in the same manner as the principal or corpus of each such
gift or donation in accordance with the terms of the gift or donation.
(5)
As used in this section, “gifts or donations” includes funds donated to the
State Board of Higher Education or the Oregon University System to which by
agreement the donor receives consideration in return for the gift or donation
or retains a reversionary interest but does not include grant or contract funds
received from government sources. [Amended by 1987 c.102 §2; 1989 c.966 §34;
1995 c.110 §1; 2009 c.762 §40; 2011 c.637 §45]
351.140 Board power to purchase real
property. (1) The State Board of Higher Education
may purchase such real property as in its sole discretion may be necessary for
the present or future development of any of the public universities and
offices, departments and activities under its control. The board may enter into
contracts of purchase or agreements that the board deems necessary in carrying
out this authorization.
(2)
The board may apply any funds coming into its hands, and applicable thereto,
toward the purchase of property authorized under this section. The board may
also mortgage or pledge any property so purchased, or its contracts to
purchase, or in relation thereto, together with the income from such property,
to secure the payment of the purchase price thereof.
(3)
The State Board of Higher Education is authorized, without seeking specific
approval from the Legislative Assembly, to purchase real property or undertake
capital construction projects that do not require the use of moneys
appropriated from state funds or obtained through general obligation bonds, for
purposes consistent with the promotion and enhancement of public higher
education. [Amended by 2011 c.637 §46]
351.150 University realty.
(1) As used in this section, “university lands” means lands granted to this
state under the Act of February 14, 1859 (11 Stat. 383), for the support and
maintenance of the University of Oregon.
(2)
Legal title to all real property acquired by any of the public universities
under the control of the State Board of Higher Education shall be taken and
held in the name of the State of Oregon. Legal title to all real property
heretofore or hereafter conveyed to any of the public universities is deemed to
be conveyed to and vested in the State of Oregon. Authorized conveyances of all
real property, other than university lands, acquired by or vested in the State
of Oregon for the use or benefit of any of the public universities shall be
executed in the name of the State of Oregon by the president and secretary of
the board. Nothing in this section or in ORS 351.060 shall be considered as
exempting such property from taxation.
(3)
The Oregon University System shall have custody and control of and shall care
for all real property used for public university purposes. Management,
maintenance and preservation of all real property used for public university
purposes is the responsibility of the Oregon University System. [Amended by
2011 c.637 §47]
351.153 “Structure” defined.
As used in ORS 351.160, 351.170, 351.180 and 351.440, “structure” includes, but
is not limited to, paving, sidewalks, curbs, gutters, sewers, drainage works,
vehicular parking facilities, lighting facilities, retaining walls and other
constructed or erected improvements to real property. [1971 c.361 §2; 2011 c.2 §12]
351.155 Authority to sell forest products
on university realty. Notwithstanding the applicable
provisions of ORS 279.835 to 279.855, 279A.140 to 279A.155, 279A.250 to
279A.290, 279A.990, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280,
279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to
279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to 279C.670 and 279C.800
to 279C.870, the State Board of Higher Education may, in the management of all
forestlands under its control and supervision, sell the forest products on such
lands in the same manner as is provided in ORS 530.059, and for that purpose
the board shall have the same powers with respect to experimental or research
projects in the field of forestland management or for forest product
utilization on forestlands under its control as the State Forester has pursuant
to the provisions of ORS 530.050 and 530.059. [1961 c.134 §1; 2001 c.453 §3;
2003 c.794 §260; 2011 c.637 §48]
351.160 Construction and acquisition of
buildings and structures. (1) The State Board of Higher
Education may undertake the construction of any building or structure for
higher education when the board conservatively estimates that the Oregon
University System will have sufficient revenues to pay the operating costs and
any indebtedness for the building or structure. For purposes of this section, “revenues”
includes all funds available to the board except amounts appropriated by the
Legislative Assembly from the General Fund. The board may enter into contracts
for the acquisition, erection, improvement, repair, equipping and furnishing of
buildings and structures for dormitories, housing, boarding, off-street motor
vehicle parking facilities and other purposes for higher education pursuant to
Article XI-F(1) of the Oregon Constitution, ORS 351.160 to 351.190, 351.350 to
351.460 and 351.505.
(2)
The board may also undertake the acquisition or construction of those buildings
and structures that the Legislative Assembly has determined will benefit higher
education institutions or activities, and may enter into contracts with
persons, firms or corporations for the acquisition, erection, improvement,
repair, equipping and furnishing of such buildings and structures pursuant to
Article XI-G of the Oregon Constitution and ORS 351.345. [Amended by 1963 c.573
§5; 1963 c.584 §2; 1991 c.220 §8; 2011 c.2 §9]
351.165 Report on capital construction
projects. No later than March 1 of each
odd-numbered year, the State Board of Higher Education shall submit a report to
the Legislative Assembly concerning the status of all previously approved
Oregon University System capital construction projects that have not been
completed or have been completed within the preceding 24-month period. The
report shall include the project title, funding sources, the amount of the
original appropriation or expenditure limitation, the amount of unexpected
funds, the construction status and the anticipated completion date. [1991 c.647
§3; reenacted by 1993 c.538 §2; reenacted by 1995 c.254 §4; 2009 c.762 §70]
Note:
351.165 was made a part of ORS chapter 351 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.
351.170 Charges for use of buildings,
structures and projects; student building fee; disposition of receipts.
(1) The State Board of Higher Education may establish rates, charges and fees
for use of buildings, structures and projects under its control. The rates and
charges shall be sufficient, in the judgment of the board and with other
available revenues, as defined in ORS 351.160, to pay the operating costs and
any indebtedness for the buildings, structures and projects.
(2)
The board shall charge and collect from each regular student a building fee at
a rate not to exceed $45 for each regular term, for not less than three terms
in each regular academic year, and not to exceed $67.50 if instruction is on a
semester basis, or an equivalent rate of charge when instruction is on a
different basis. The board is authorized to maintain adequate accounts for
bonds outstanding. The fee shall be in addition to tuition and other fees
charged to students and shall be deposited in the appropriate subaccount of the
account maintained in the Oregon University System Fund under ORS 351.460. [Amended
by 1963 c.638 §3; 1963 c.584 §3; 1975 c.331 §13; 1989 c.794 §1; 1997 c.555 §1;
2001 c.523 §1; 2009 c.762 §7; 2011 c.2 §10]
351.180 Building insurance.
The State Board of Higher Education may cause the buildings, structures or
projects referred to in ORS 351.160 and 351.170 and the equipment and
furnishings therein and the appurtenances thereto to be insured against fire
and other hazards in such sums as will protect the holders of the outstanding
bonds issued to finance the cost thereof. Such insurance shall be in lieu of
that afforded by the Insurance Fund, without right of insurers, in the event of
loss, to subrogation to or contribution from said fund. [Amended by 1963 c.584 §4;
1985 c.731 §27]
351.190 Acquisition of land for building
purposes. The State Board of Higher Education may
obtain, by donation, purchase, agreement or condemnation, the title to any land
authorized to be acquired by ORS 351.345, 351.350 and 351.450. Condemnation
proceedings instituted by the board shall be conducted in accordance with ORS
chapter 35. [Amended by 1957 c.720 §1; 1963 c.548 §5; 1971 c.741 §25]
351.195 [1957
c.585 §1; 1969 c.349 §3; repealed by 1975 c.771 §33]
351.200
[Amended by 1989 c.492 §2; 1993 c.98 §16; repealed by 2011 c.637 §291]
351.203 Cooperation with Education and
Workforce Policy Advisor; cooperation with Higher Education Coordinating
Commission mediation process; compliance with certain commission decisions.
(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 Higher
Education Coordinating Commission pursuant to ORS 348.603 and, if a negotiated
resolution cannot be reached by mediation, comply with the decisions of the
commission regarding proposed new post-secondary programs and proposed new
post-secondary locations, including those proposed by Oregon Health and Science
University in cooperation with the State Board of Higher Education under ORS
353.440. [1975 c.553 §12; 1997 c.652 §36; 1999 c.291 §16a; 2011 c.637 §216]
Note: The
amendments to 351.203 by section 216, chapter 637, Oregon Laws 2011, become
operative July 1, 2012. See section 292, chapter 637, Oregon Laws 2011. The
text that is operative until July 1, 2012, is set forth for the user’s
convenience.
351.203. (1)
The State Board of Higher Education shall cooperate with the Education and
Workforce Policy Advisor in the development of a state comprehensive education
plan including post-secondary education and in review of the board’s programs
and budget. The board shall submit in timely fashion to the advisor such data
as is appropriate in a form prescribed by the advisor.
(2)
The board shall cooperate with the mediation process administered by the Oregon
Student Assistance Commission pursuant to ORS 348.603 and, if a negotiated
resolution cannot be reached by mediation, comply with the decisions of the
commission regarding proposed new post-secondary programs and proposed new
post-secondary locations, including those proposed by Oregon Health and Science
University in cooperation with the board under ORS 353.440.
351.205 Interchange of faculty members with
schools outside Oregon. The State Board of Higher
Education may allow interchange of members of the faculties of public
universities listed in ORS 352.002 with faculty members of comparable
institutions of other states or countries for a period of one year. Such
exchange service shall, for all purposes, be deemed continued service with the
Oregon public university covered, with salary paid to the absent faculty member
accordingly. Salary for the visiting faculty member shall not be paid by the
Oregon public university covered. [1957 c.239 §1; 2011 c.637 §217]
351.210 Disposition of unnecessary
equipment, goods, supplies, material and information technology; disposition of
proceeds. (1) The State Board of Higher Education
may sell or otherwise dispose of any worn out, obsolete or otherwise unsuitable
equipment, goods, supplies, material or information technology, the disposal of
which would in the board’s judgment be to the financial benefit of the public
universities under the board’s control. This section does not apply to any
equipment, goods, supplies, material or information technology encumbered by a
certificate of participation.
(2)
The proceeds from any sales or disposals made pursuant to authority granted in
this section shall be deposited in a designated account in the Oregon
University System Fund established by ORS 351.506 and may be expended by the
board for any purpose authorized by law in the same manner as the board is
authorized to make other expenditures. [Amended by 2003 c.674 §9; 2009 c.762 §8;
2011 c.637 §49]
351.220 Acquisition of intellectual
property. The State Board of Higher Education may
acquire by gift or by purchase interests in intellectual property of any kind,
whether patentable or copyrightable or not, including patents, copyrights,
inventions, discoveries, processes and ideas. The board may also agree to aid
in the development of property acquired pursuant to ORS 351.220 to 351.250 and
to pay an assignor of any interest in intellectual property a share of any
moneys received on account of the board’s ownership or management of the
property. [1953 c.332 §1]
351.230 Management, development and
disposition of intellectual property. The State
Board of Higher Education may manage, develop or dispose of, by assignment,
sale, lease, license or other action deemed advisable by the board, property
acquired under ORS 351.220, and may contract with any person or agency, board,
commission or department of this or any other state or with the federal
government regarding the management, development or disposition thereof. The
board may make gratuitous assignments of such property to any trust or fund,
the sole beneficiary of which is the board or any of the public universities or
offices, departments or activities under its control, subject to the share, if
any, agreed to be paid to the assignor. The board may reassign such property to
the inventor, author or discoverer. [1953 c.332 §2; 2011 c.637 §218]
351.240 Terms and conditions of transactions
in intellectual property; dissemination of information.
The State Board of Higher Education may determine the terms and conditions of
any transaction authorized by ORS 351.220 to 351.250 and need not require
competitive bids in connection therewith. No formal publicity or advertising is
required regarding property for the development of which the board wishes to
contract, but the board shall make reasonable efforts to disseminate such
information in appropriate research and industrial circles. [1953 c.332 §4;
2003 c.674 §10; 2011 c.637 §50]
351.250 Account for revenues from
intellectual property. Moneys received by the board as
a result of ownership or management of property acquired under ORS 351.220 to
351.250 or of transactions regarding such property shall be credited to a
designated account in the Oregon University System Fund established by ORS
351.506 and shall only be applied by the State Board of Higher Education to
payment of the agreed share, if any, to assignors, and for the advancement of
research or for the acquisition and development of intellectual property, or
both. Interest earned by the account shall be credited to the account. [1953
c.332 §5; 1989 c.966 §35; 2009 c.762 §9]
351.260 Planning assistance.
The State Board of Higher Education may establish and maintain planning
facilities and undertake planning work for the provision of, or related to,
local planning services and may:
(1)
Upon the request of the governing body of any municipality, county, Indian
reservation or of a regional or joint planning agency in the state, provide
planning assistance to such municipality, county, Indian reservation or
planning agency (including surveys, land use studies, urban renewal plans,
technical services and other planning work) and make or assist in making a
study or report upon any planning problem of such municipality, county, Indian
reservation or planning agency.
(2)
Agree with such governing body or planning agency as to the amount to be paid
to the board for such service.
(3)
Apply for and accept grants from the federal government and other sources in
connection with any such planning work.
(4)
Contract with respect thereto. [1955 c.536 §1; 1965 c.456 §1]
351.265 [1965
c.496 §1; 1975 c.553 §1; renumbered 348.705]
351.267 Notice of reasonable assurance of
continued employment; effect of failure to give notice.
(1) The State Board of Higher Education shall give individual, written notice
of reasonable assurance of continued employment to all employees who are to
perform services in the same or a similar capacity during a subsequent academic
year or term or in the period immediately following a recess period. Such
notice shall be given by June 15 of each year for employees employed as of that
date and as of the date of hire for employees employed subsequent to June 15.
(2)
Academic staff members on annual or indefinite tenure and all other employees
on regular status are considered to have been given notice for the purposes of
this section.
(3)
No liability shall accrue from failure to give the notice required by
subsection (1) of this section or from the timing or contents thereof on the
part of the board. However, the board shall enforce the provisions of
subsection (1) of this section. [1985 c.585 §5; 1995 c.612 §9]
351.270 [1963
c.548 §6; 1965 c.496 §2; 1969 c.314 §26; 1971 c.643 §1; 1973 c.792 §11; 1973
c.816 §3; 1974 s.s. c.36 §10; 1975 c.553 §2;
renumbered 348.715]
351.273 [1973
c.442 §2; repealed by 1975 c.553 §15]
351.275 [1965
c.496 §3; renumbered 348.735]
351.277 Officially sanctioned programs for
use of state-owned vehicles; rules. (1) The State
Board of Higher Education shall establish by rule procedures to identify
officially sanctioned programs for purposes of ORS 283.310 (3).
(2)
As used in this section, “officially sanctioned program” is a program
identified by the state board through the procedures established pursuant to
subsection (1) of this section. [1993 c.335 §12]
351.280 [1965
c.496 §4; 1971 c.643 §2; renumbered 348.745]
351.282 Responsibility for indemnity and
defense of officers, agents and employees. Except
for risk management and insurance functions, the State Board of Higher
Education and the Oregon University System shall assume responsibility, in
accordance with agreements entered into with the Department of Justice and the
State Treasurer, for the indemnity and defense of their officers, agents and
employees or other persons designated by the board or the system to carry out
or further their missions with regard to claims asserted and actions commenced
as of January 1, 2012. [2011 c.637 §29]
Note:
351.282 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.284 Responsibility for indemnity and
defense related to risk management and insurance functions.
For risk management and insurance functions, the State Board of Higher
Education and the Oregon University System shall assume responsibility, in
accordance with agreements entered into with the Oregon Department of
Administrative Services regarding its risk management function and the manager
of the Insurance Fund established in ORS 278.425, for the indemnity and defense
of their officers, agents and employees or other persons designated by the
board or the system to carry out or further their missions with regard to
claims asserted and actions commenced as of July 1, 2012. [2011 c.637 §29a]
Note:
351.284 becomes operative July 1, 2012. See section 292, chapter 637, Oregon
Laws 2011.
Note:
351.284 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.285 [1965
c.496 §5; renumbered 348.755]
351.287 Responsibility for liabilities.
Except as otherwise provided by law, all liabilities, known and unknown, of the
State Board of Higher Education and the Oregon University System existing on or
arising after January 1, 2012, or, for liabilities related to risk management
or insurance functions, arising after July 1, 2012, are the sole responsibility
of the board and system. Damages, costs and other expenses arising out of and related
to liabilities of the board and the system after January 1, 2012, shall be
payable from the Oregon University System Fund or from insurance purchased, a
self-insurance program established or another insurance equivalent arranged for
under ORS 351.096. [2011 c.637 §30]
Note:
351.287 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.290 [1965
c.496 §6; 1967 c.454 §105; 1971 c.643 §3; renumbered 348.765]
351.293 Tuition waiver for foster child.
(1) Notwithstanding ORS 341.290, 351.070 (3) or 353.050, a current foster child
or former foster child under 25 years of age who enrolls in an institution of
higher education as an undergraduate student not later than three years after
the date the student was removed from the care of the Department of Human
Services, the date the student graduated from high school or the date the
student received the equivalent of a high school diploma, whichever date is
earliest, shall have the amount of tuition and all fees levied against the
student waived if attending an institution of higher education listed in ORS
352.002, a community college operated under ORS chapter 341 or Oregon Health
and Science University for purposes of pursuing an initial undergraduate
degree.
(2)
A student who is a current foster child or former foster child is entitled to
waiver of tuition and all fees under subsection (1) of this section until the
student has received the equivalent of four years of undergraduate education.
(3)
As a condition of receiving a tuition waiver for an academic year, a current
foster child or former foster child must:
(a)
Complete and submit the Free Application for Federal Student Aid for that
academic year; and
(b)
For years after the first academic year at an institution of higher education,
have completed a minimum of 30 volunteer service hours in the previous academic
year performing community service activities such as mentoring foster youth or
assisting in the provision of peer support service activities, according to
policies developed by the institution of higher education at which the current
foster child or former foster child is enrolled.
(4)
A waiver of tuition and all fees under subsection (1) of this section may be
reduced by the amount of any federal aid scholarships or grants, an award from
the Oregon Opportunity Grant program established under ORS 348.205 and any
other aid received from the institution of higher education. For the purposes
of this subsection, “federal aid scholarships or grants” does not include
Chafee Education and Training Grant vouchers (P.L. 107-133).
(5)
As used in this section, “former foster child” means an individual who, for a
total of 12 or more months while between 16 and 21 years of age, was a ward of
the court pursuant to ORS 419B.100 (1)(b) to (e) and in the legal custody of
the Department of Human Services for out-of-home placement. [2011 c.642 §1]
Note:
Section 5, chapter 642, Oregon Laws 2011, provides:
Sec. 5.
Section 1 of this 2011 Act [351.293] and the amendments to ORS 348.205, 348.270
and 348.570 by sections 2 to 4 of this 2011 Act first apply to the 2012-2013
academic year. [2011 c.642 §5]
Note:
351.293 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.295 [1965
c.496 §7; repealed by 1975 c.605 §33]
351.296 Armed Forces recruitment on
campuses; rules. (1) As used in this section, “state
institution of higher learning” means:
(a)
A state institution of higher education listed in ORS 352.002;
(b)
A community college operated under ORS chapter 341; or
(c)
Oregon Health and Science University.
(2)
A state institution of higher learning shall allow members and agents of the
Armed Forces of the United States to recruit on a public campus and shall set
rules and standards for such recruitment that are the same as for all other
employment recruitment activities allowed on the campus. [2011 c.401 §1]
Note:
351.296 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
351.297 [1969
c.566 §1; 1971 c.643 §4; renumbered 348.785]
351.298 [1969
c.566 §2; 1971 c.643 §5; renumbered 348.795]
351.299 [1969
c.566 §3; repealed by 1971 c.643 §8]
FINANCES
(Generally)
351.300 Legislative finding on need for
stabilized funding. The Legislative Assembly finds
that in order to avoid unnecessary disruption at public universities listed in
ORS 352.002 and in order to provide assurance that the public universities
share in the benefits of any major reform in the Oregon tax system, it is
necessary to stabilize funding for the Oregon University System over a longer
period than is customary with biennial budgeting. [1991 c.963 §1; 2011 c.637 §219]
351.301 [1969
c.566 §4; 1971 c.643 §6; renumbered 348.815]
351.302 [1969
c.566 §5; 1971 c.643 §7; renumbered 348.825]
351.303 [1969
c.566 §6; repealed by 1971 c.643 §8]
351.305
[Repealed by 1995 c.162 §94]
351.310 Board’s general financial power;
appropriation of moneys received by board. (1)
The State Board of Higher Education shall control the use, distribution and
disbursement of all funds, appropriations and taxes now or hereafter in
possession, levied and collected, received or appropriated for the use,
benefit, support and maintenance of the public universities listed in ORS
352.002 and offices, departments and activities under the control of the board,
including the authorization of individuals to sign vouchers for the
disbursement of funds for the various public universities, offices, departments
and activities.
(2)
All moneys, except moneys appropriated from the State Treasury for expenditure
within a specified period of time, heretofore or hereafter received by or on
behalf of the board, or any public university or office, department or activity
under the control of the board, that are not otherwise appropriated by law,
hereby are appropriated continuously to the State Board of Higher Education for
the purposes for which such moneys were donated, granted or received, in
accordance with any applicable law governing the use of such moneys. [Amended
by 1955 c.84 §1; 2011 c.637 §220]
351.315
[Formerly 351.520; 2007 c.783 §144; repealed by 2011 c.637 §291]
351.317 Obligations under ORS 351.140 not
indebtedness of state or Oregon University System.
An obligation incurred under ORS 351.140 is not an indebtedness of the State of
Oregon and does not create a general indebtedness of the Oregon University
System. [Formerly 351.530; 2007 c.783 §145; 2011 c.637 §51]
351.320 Prorating expenses.
The State Board of Higher Education may prorate all expenses not otherwise
provided for, incurred under authority of ORS 351.040, 351.045, 351.100,
351.110, 351.130 and 351.310 to the public universities under its control, and
pay the same from the funds available for the general expenses of those
universities. [Amended by 2011 c.637 §221]
351.330
[Repealed by 1957 c.370 §1]
351.340 Use of moneys.
All sums of money provided by law for the support and maintenance of the public
universities listed in ORS 352.002 and offices, departments and activities
under the control of the State Board of Higher Education may be used for the
payment of salaries of instructors and employees, current expenses, construction
of additional buildings, purchase of lands, purchase of equipment, purchase of
library books and periodicals, purchase of laboratory supplies and apparatus
and making necessary repairs and, in general, for the payment of all such
expenses connected with the management of the public universities and offices,
departments and activities, as the board may from time to time determine.
However, such moneys in the instruction budget of the board shall not be used
to support hobby or recreation courses. [Amended by 1957 c.370 §3; 1978 c.1 §3;
2011 c.637 §222]
(Bonds)
Note:
Sections 1 and 2, chapter 2, Oregon Laws 2011, provide:
Sec. 1. (1)
The Legislative Assembly finds that:
(a)
Article XI-F(1) of the Oregon Constitution permits the state to incur general obligation
bonded indebtedness to finance higher education projects.
(b)
Article XI-G of the Oregon Constitution permits the state to incur general
obligation bonded indebtedness to finance projects for higher education
institutions or activities and community colleges.
(c)
An amendment to Articles XI-F(1) and XI-G of the Oregon Constitution was
approved by the people at a special election held on the date of the primary
election in May 2010.
(d)
The amendment requires the Legislative Assembly to determine that projects
financed under Article XI-F(1) or XI-G of the Oregon Constitution either
benefit higher education institutions or activities or benefit community
colleges authorized by law to receive state aid.
(2)
To permit the issuance of general obligation bonds under Article XI-F(1) or
XI-G of the Oregon Constitution for projects that the Legislative Assembly
approved prior to the effective date of the amendment to Articles XI-F(1) and
XI-G of the Oregon Constitution, the Legislative Assembly determines that:
(a)
The projects that the Legislative Assembly approved for financing under Article
XI-F(1) or XI-G of the Oregon Constitution prior to the effective date of the
amendment to Articles XI-F(1) and XI-G of the Oregon Constitution for higher
education benefit higher education institutions or activities; and
(b)
The projects that the Legislative Assembly approved for financing under Article
XI-G of the Oregon Constitution prior to the effective date of the amendment to
Article XI-G of the Oregon Constitution for community colleges benefit
community colleges authorized by law to receive state aid. [2011 c.2 §1]
Sec. 2. (1)
The Legislative Assembly finds that:
(a)
Article XI-G of the Oregon Constitution, including the amendment approved by
the people at a special election held on the date of the primary election in
May 2010, requires that the amount of any general obligation bonded
indebtedness incurred under Article XI-G of the Oregon Constitution be matched
by an amount that is at least equal to the amount of the indebtedness.
(b)
The matching amount required under Article XI-G of the Oregon Constitution may
consist of moneys appropriated from the General Fund or any other moneys
available to the constructing authority for such purposes.
(c)
Prior to the effective date of the amendment to Article XI-G of the Oregon
Constitution, Article XI-G of the Oregon Constitution required matching amounts
to be appropriated from the General Fund. To satisfy this requirement, the
Legislative Assembly created separate matching accounts in the General Fund to
hold matching amounts for each project that was authorized to receive financing
under Article XI-G of the Oregon Constitution.
(d)
Appropriating matching amounts from the General Fund artificially inflates the
General Fund and interferes with efficient application of matching amounts to
projects approved by the Legislative Assembly.
(2)
To eliminate unnecessary inflation of the General Fund and to allow more
efficient application of matching amounts, the Legislative Assembly determines
that the matching amount for each project that the Legislative Assembly
approved for financing under Article XI-G of the Oregon Constitution prior to
the effective date of the amendment to Article XI-G of the Oregon Constitution,
but that has not yet been financed under Article XI-G of the Oregon
Constitution:
(a)
May consist of a deposit to a fund or account of a state agency, or a deposit
to a fund or account held by an escrow agent, a commercial bank or a private
financial institution, if the moneys deposited are obligated to pay for costs
of the project.
(b)
May consist of a grant agreement, contract or other intergovernmental agreement
that obligates a federal, state or local governmental entity to provide funds
for the project. The matching amount provided by a grant agreement, contract or
other intergovernmental agreement is considered to be the total amount of funds
the constructing authority reasonably expects to receive from the agreement or
contract and have available for the project.
(c)
Is not required to be deposited in a General Fund matching account created by
the Legislative Assembly prior to the effective date of the amendment to
Article XI-G of the Oregon Constitution.
(3)
To ensure that the types and sources of funds that the Legislative Assembly
approved prior to the effective date of the amendment to Article XI-G of the
Oregon Constitution for use as matching amounts are used as expected by the
Legislative Assembly, matching amounts for each project approved under Article
XI-G of the Oregon Constitution prior to the effective date of the amendment to
Article XI-G of the Oregon Constitution may consist only of the types and
sources of funds that the Legislative Assembly approved prior to the effective
date of the amendment to Article XI-G of the Oregon Constitution for deposit in
the General Fund matching account created for that project. [2011 c.2 §2]
351.345 Bond issue for higher education
and community college projects. In order to
provide funds for the purposes specified in Article XI-G of the Oregon
Constitution, the State Board of Higher Education may request the State
Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A.
[1963 c.584 §1; 1981 c.660 §24; 2007 c.783 §146]
351.350 Bond issue for self-liquidating higher
education purposes. In order to provide funds for
the purposes specified in Article XI-F(1), Oregon Constitution, the State Board
of Higher Education may request the State Treasurer to issue bonds in
accordance with the provisions of ORS chapter 286A. [Amended by 1955 c.88 §1;
1957 c.703 §1; 1959 c.127 §1; 1961 c.35 §1; 1963 c.10 §1; 1963 c.615 §1; 1967
c.404 §9; 1969 c.664 §8; 1971 c.709 §7; 1975 c.331 §11; 1981 c.539 §7; 1981
c.660 §25; 2007 c.783 §147]
Note: Sections
5 and 9 to 13, chapter 904, Oregon Laws 2009, provide:
Sec. 5. The
State Board of Higher Education shall determine the capital renewal, code
compliance and safety projects to be undertaken with moneys made available
under section 6 (1)(a) of this 2009 Act on the basis of the board’s
determination of the most critical capital renewal, code compliance and safety
needs. In determining the capital renewal, code compliance and safety needs,
the board shall give priority to projects that protect the health and safety of
occupants and maintain the structural integrity of facilities. [2009 c.904 §5]
Sec. 9. (1)
Except as provided in subsection (3) of this section, the project approvals and
expenditure limitations in chapter 904, Oregon Laws 2009, and the expenditure
limitations established by the Emergency Board during the biennium beginning
July 1, 2009, for capital construction or acquisition projects of the Oregon
University System and of the Department of Community Colleges and Workforce
Development for community colleges, expire on June 30, 2015, unless otherwise
noted or unless changed by the Legislative Assembly.
(2)
The project approvals and expenditure limitations established by section 2
(5)(b), (e) and (i), chapter 725, Oregon Laws 2003,
and section 2 (3)(h), chapter 845, Oregon Laws 2001, for capital construction
or acquisition projects of the Oregon University System expire on June 30,
2011, unless otherwise changed by the Legislative Assembly.
(3)
The project approvals and expenditure limitations in section 6 (4)(c), (k) and
(L), (5)(c) and (e) and (7)(k), chapter 904, Oregon Laws 2009, and the
expenditure limitations established by the Emergency Board during the biennium
beginning July 1, 2009, for capital construction or acquisition projects of the
Oregon University System described in section 6 (4)(c), (k) and (L), (5)(c) and
(e) and (7)(k), chapter 904, Oregon Laws 2009, expire on June 30, 2015, unless
otherwise noted or unless changed by the Legislative Assembly.
(4)
The project approvals and expenditure limitations in section 6 (1)(a), (2)(b),
(4)(b), (6)(a) and (7)(b) and (c), chapter 904, Oregon Laws 2009, expire on
June 30, 2015, unless provided otherwise. [2009 c.904 §9; 2010 c.99 §6; 2011
c.15 §2]
Sec. 10. (1)
Pursuant to Article XI-G of the Oregon Constitution and ORS 351.345 and ORS
chapter 286A, the State Board of Higher Education may sell, with the approval
of the State Treasurer, 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 $139,900,479 par value for the
biennium beginning July 1, 2009. The moneys realized from the sale of the bonds
shall be appropriated and may be expended for the purposes set forth in section
2 (3)(h), chapter 845, Oregon Laws 2001, section 2 (6)(h) and (p), chapter 787,
Oregon Laws 2005, section 2 (4)(a) and (L), (5)(h) and (6)(g) and (h), chapter
761, Oregon Laws 2007, and section 6 (1)(b) and (d), (2)(a), (3), (4)(b), (c)
and (d), (5)(a), (6)(b) and (7)(a), chapter 904, Oregon Laws 2009, 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 6 (1)(b), chapter 904,
Oregon Laws 2009, are matched pursuant to section 14, chapter 904, Oregon Laws
2009.
(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 6 (1)(d), chapter 904,
Oregon Laws 2009, are matched pursuant to section 15, chapter 904, Oregon Laws
2009.
(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 6 (2)(a), chapter 904,
Oregon Laws 2009, are matched pursuant to section 16, chapter 904, Oregon Laws
2009.
(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 6 (3), chapter 904, Oregon
Laws 2009, are matched pursuant to section 18, chapter 904, Oregon Laws 2009.
(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 6 (4)(b), chapter 904,
Oregon Laws 2009, are matched pursuant to section 19, chapter 904, Oregon Laws
2009.
(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 6 (4)(c), chapter 904,
Oregon Laws 2009, are matched pursuant to section 20, chapter 904, Oregon Laws
2009.
(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 6 (4)(d), chapter 904,
Oregon Laws 2009, are matched pursuant to section 21, chapter 904, Oregon Laws
2009.
(9)
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 6 (5)(a), chapter 904,
Oregon Laws 2009, are matched pursuant to section 22, chapter 904, Oregon Laws
2009.
(10)
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 6 (6)(b), chapter 904,
Oregon Laws 2009, are matched pursuant to section 23, chapter 904, Oregon Laws
2009.
(11)
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 6 (7)(a), chapter 904,
Oregon Laws 2009, are matched pursuant to section 24, chapter 904, Oregon Laws
2009. [2009 c.904 §10; 2010 c.99 §7; 2011 c.15 §3]
Sec. 11.
Notwithstanding the expenditure limitations established under sections 6 and 12
of this 2009 Act, the State Board of Higher Education may increase any limit
for expenditures from other revenues, including federal funds, prescribed by
sections 6 and 12 of this 2009 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. [2009
c.904 §11]
Sec. 12. (1)
Notwithstanding the expenditure limitations established under section 6 of this
2009 Act, and subject to subsection (3) of this section, the State Board of
Higher Education may expend amounts that exceed the expenditure limitations
established under section 6 (1) to (7) of this 2009 Act for bonds issued
pursuant to Article XI-F(1) of the Oregon Constitution 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 section 6 of this 2009
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 section 6 of this 2009
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 section 6 of this 2009
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 section 6 of this 2009 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 expenditure limitations established under section 6 of this
2009 Act, and subject to subsection (3) of this section, the State Board of
Higher Education may expend amounts that exceed the expenditure limitations
established under section 6 (1) to (7) of this 2009 Act for other revenues,
including federal funds, 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 section 6 of this 2009
Act, up to 12 percent of the expenditure limitation for other revenues,
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 section 6 of this 2009
Act, up to eight percent of the expenditure limitation for other revenues,
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 section 6 of this 2009
Act, up to five percent of the expenditure limitation for other revenues, 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 section 6 of this 2009 Act,
up to three percent of the expenditure limitation for other revenues, including
federal funds.
(3)
The total amount by which the expenditure limitations established under section
6 of this 2009 Act are exceeded under subsections (1) and (2) of this section
may not be greater than the sum of the amounts established under section 6 (8)
of this 2009 Act.
(4)
Notwithstanding the expenditure limitations established under section 6 of this
2009 Act and subsection (3) of this section, the State Board of Higher
Education may expend an additional amount in excess of the expenditure limitations
established under section 6 of this 2009 Act to pay the cost of accrued and
unpaid interest attributable to short term borrowing under Article XI-F(1) of
the Oregon Constitution for a project listed in section 6 (1) to (7) of this
2009 Act, if the short term borrowing has been refunded by another borrowing.
The amount of such accrued and unpaid interest shall not exceed the amount
established under section 6 (9) of this 2009 Act and may be treated as an
allowable project cost related to the acquisition of land, improvements to land
and acquisition, planning, constructing, altering, repairing, furnishing and
equipping of buildings, facilities and other projects within the Oregon
University System that may be paid from bond proceeds and other revenues,
including federal funds, collected or received by the Oregon University System.
[2009 c.904 §12]
Sec. 13.
Notwithstanding ORS 351.345 and section 6 of this 2009 Act, the State Board of
Higher Education may issue bonds for a project listed in section 6 (1)(b) and
(d), (2), (3), (4)(b), (c) and (d), (5)(a), (6)(b) and (7)(a) of this 2009 Act:
(1)
If the total amount from other revenues, including federal funds, identified
for the project in the expenditure limitation in section 6 of this 2009 Act has
been received by the State Board of Higher Education; or
(2)
After reporting to the Emergency Board or the Joint Committee on Ways and
Means, if the total amount from other revenues, including federal funds,
identified for the project in the expenditure limitation in section 6 of this
2009 Act has not been received by the State Board of Higher Education. [2009
c.904 §13]
Note:
Sections 8 and 11 to 16, chapter 615, Oregon Laws 2011, provide:
Sec. 8. The
State Board of Higher Education shall determine the capital renewal, code
compliance and safety projects to be undertaken with moneys made available
under section 9 (1)(a) of this 2011 Act on the basis of the board’s
determination of the most critical capital renewal, code compliance and safety
needs. In determining the capital renewal, code compliance and safety needs,
the board shall give priority to projects that protect the health and safety of
occupants and maintain the structural integrity of facilities. Capital renewal,
code compliance and safety projects do not include acquisition of buildings,
structures or land. [2011 c.615 §8]
Sec. 11. (1)
The project approvals and expenditure limitations established in section 9 of
this 2011 Act, and the expenditure limitations established by the Emergency
Board during the biennium beginning July 1, 2011, for capital construction or
acquisition projects of the Oregon University System expire on June 30, 2017,
unless otherwise noted or unless changed by the Legislative Assembly.
(2)
The project approvals and expenditure limitations established by section 2
(6)(h), chapter 787, Oregon Laws 2005, and increased by the Emergency Board at
its April 2006 meeting, for capital construction or acquisition projects of the
Oregon University System expire on June 30, 2013, unless otherwise changed by
the Legislative Assembly.
(3)
The project approvals and expenditure limitations established by section 2
(4)(g), (5)(g), 5(j), (6)(k) and (6)(p), chapter 787, Oregon Laws 2005, for
capital construction or acquisition projects of the Oregon University System
expire on June 30, 2013, unless otherwise changed by the Legislative Assembly.
(4)
The project approvals and expenditure limitations established by section 2
(6)(e), chapter 761, Oregon Laws 2007, and increased by the Emergency Board at
its September 2010 meeting, for capital construction or acquisition projects of
the Oregon University System expire on June 30, 2013, unless otherwise changed
by the Legislative Assembly.
(5)
The project approvals and expenditure limitations established by the Emergency
Board at its September 2010 meeting for construction of student family housing
at Western Oregon University expire on June 30, 2017, unless otherwise changed
by the Legislative Assembly.
(6)
The project approvals and expenditure limitations established by section 3 (1),
(6) and (7), chapter 787, Oregon Laws 2005, for capital construction or
acquisition projects at Columbia Gorge Community College, Klamath Community
College and Southwestern Oregon Community College expire on June 30, 2012,
unless otherwise changed by the Legislative Assembly.
(7)
The project approval and expenditure limitation established by section 16 of
this 2011 Act for Strand Agriculture Hall deferred maintenance at Oregon State
University expires on June 30, 2015, unless otherwise changed by the
Legislative Assembly. [2011 c.615 §11]
Sec. 12.
Pursuant to Article XI-G of the Oregon Constitution, and ORS 286A.025 to
286A.095 and 351.345, the State Board of Higher Education may sell, with the
approval of the State Treasurer, 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 $17,608,000 par value
for the biennium beginning July 1, 2011. The moneys realized from the sale of
the bonds shall be appropriated and may be expended for the purposes set forth
in section 6 (1)(d), (2)(a), (3), (4)(b) and (6)(b), chapter 904, Oregon Laws
2009, and for payment for capitalized interest and costs incidental to issuance
of the bonds. [2011 c.615 §12]
Sec. 13.
Notwithstanding the expenditure limitations established under section 9 of this
2011 Act, the State Board of Higher Education may increase any limit for
expenditures from other revenues, including federal funds, prescribed by
section 9 of this 2011 Act for a specific project, if the expenditure
limitation for bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution, for the same project is reduced by the board in the same amount.
[2011 c.615 §13]
Sec. 14. (1)
Notwithstanding the expenditure limitations established in section 9 of this
2011 Act, and subject to subsection (2) of this section, the State Board of
Higher Education may expend amounts that exceed the expenditure limitations
established under section 9 (1) to (8) of this 2011 Act for other revenues,
including federal funds, by the following percentage amounts:
(a)
For a project with a total expenditure limitation of $500,000 to $999,999 under
section 9 (1) to (8) of this 2011 Act, up to 12 percent of the expenditure
limitation for other revenues, including federal funds.
(b)
For a project with a total expenditure limitation of $1,000,000 to $4,999,999
under section 9 (1) to (8) of this 2011 Act, up to eight percent of the
expenditure limitation for other revenues, including federal funds.
(c)
For a project with a total expenditure limitation of $5,000,000 to $9,999,999
under section 9 (1) to (8) of this 2011 Act, up to five percent of the
expenditure limitation for other revenues, including federal funds.
(d)
For a project with a total expenditure limitation of $10,000,000 or more under
section 9 (1) to (8) of this 2011 Act, up to three percent of the expenditure
limitation for other revenues, including federal funds.
(2)
The total amount by which the expenditure limitations established in section 9
(1) to (8) of this 2011 Act are exceeded under this section may not be greater
than the sum of the amounts established under section 9 (9) of this 2011 Act.
[2011 c.615 §14]
Sec. 15. For
purposes of section 1, Article XI-F(1) of the Oregon Constitution, the
Legislative Assembly determines that the projects authorized to be financed
pursuant to sections 9 to 14 of this 2011 Act with bonds issued under Article
XI-F(1) of the Oregon Constitution, will benefit higher education institutions
or activities. [2011 c.615 §15]
Sec. 16.
Notwithstanding any other law limiting expenditures, the amount of $4,847,000
is established for a six-year period beginning July 1, 2009, as the maximum
limit for payment of expenses under this section from Article XI-Q bond
proceeds collected or received by the Oregon University System for Strand
Agriculture Hall deferred maintenance at Oregon State University. [2011 c.615 §16]
Note:
Sections 2 and 3, chapter 788, Oregon Laws 2005, provide:
Sec. 2. (1)
Pursuant to ORS 286A.560 to 286A.585, at the request of the Oregon Department
of Administrative Services, after the department consults with the Oregon
University System, the State Treasurer is authorized to issue lottery bonds for
capital construction, deferred maintenance and capital renewal, code compliance
and safety projects.
(2)
The use of lottery bond proceeds is authorized based on the following findings:
(a)
New buildings and facilities are needed in order that universities have
adequate facilities for teaching.
(b)
Having adequate university buildings and facilities is essential to Oregon’s
healthy economic growth.
(c)
Major subsystems within university buildings are wearing out and must be
replaced in order that universities have adequate facilities for teaching.
(d)
Having safe and fully functioning university facilities is essential to Oregon’s
healthy economic growth.
(3)
The aggregate principal amount of lottery bonds issued pursuant to subsection
(1) of this section by the State Treasurer for:
(a)
Capital construction may not exceed the amount of $9,554,000 and an additional
amount estimated by the State Treasurer to be necessary to pay bond-related
costs as defined in ORS 286A.560.
(b)
Deferred maintenance and capital renewal, code compliance and safety projects
may not exceed the amount of $82,231,000 and an additional amount estimated by
the State Treasurer to be necessary to pay bond-related costs as defined in ORS
286A.560.
(4)
Of the $22,355,000 of net proceeds of lottery bonds issued pursuant to this
section for the biennium beginning July 1, 2009, an amount not to exceed:
(a)
$14,247,000 shall be deposited in the Oregon University System Capital
Construction, Deferred Maintenance and Capital Repair Project Fund established
by section 3, chapter 788, Oregon Laws 2005.
(b)
$1,522,000 shall be deposited in the Eastern Oregon University Zabel Hall Deferred Maintenance Project Account established
by section 16, chapter 904, Oregon Laws 2009.
(c)
$6,586,000 shall be deposited in the Oregon State University Strand Agriculture
Hall Deferred Maintenance Project Account established by section 19, chapter
904, Oregon Laws 2009. [2005 c.788 §2; 2007 c.746 §2; 2007 c.783 §149; 2009
c.906 §§2,2a]
Sec. 3. (1)
The Oregon University System Capital Construction, Deferred Maintenance and
Capital Repair Project Fund is established separate and distinct from the
General Fund. Interest earned by the Oregon University System Capital
Construction, Deferred Maintenance and Capital Repair Project Fund shall be
credited to the fund.
(2)
Net proceeds of lottery bonds issued pursuant to section 2, chapter 788, Oregon
Laws 2005, shall be deposited into the Oregon University System Capital
Construction, Deferred Maintenance and Capital Repair Project Fund. Moneys in
the fund are continuously appropriated to the Oregon University System for
capital construction, deferred maintenance and capital repair projects. [2005
c.788 §3; 2007 c.746 §3; 2009 c.906 §§3,3a]
Note:
Section 2, chapter 624, Oregon Laws 2011, provides:
Sec. 2. (1)
Pursuant to ORS 286A.560 to 286A.585, at the request of the Oregon Department
of Administrative Services, after the department consults with the Oregon
University System, the State Treasurer is authorized to issue lottery bonds for
capital construction, deferred maintenance and capital renewal, code compliance
and safety projects.
(2)
The use of lottery bond proceeds is authorized based on the following findings:
(a)
New buildings and facilities are needed in order for universities to have
adequate facilities for teaching.
(b)
Having adequate university buildings and facilities is essential to Oregon’s
healthy economic growth.
(c)
Major subsystems within university buildings are wearing out and must be
replaced in order for universities to have adequate facilities for teaching.
(d)
Having safe and fully functioning university facilities is essential to Oregon’s
healthy economic growth.
(3)
The aggregate principal amount of lottery bonds issued pursuant to subsection
(1) of this section by the State Treasurer for:
(a)
Capital construction, including deferred maintenance, may not exceed the amount
of $87,479,000 and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286A.560.
(b)
Capital renewal, code compliance and safety projects may not exceed the amount
of $25 million and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286A.560.
(4)
Of the net proceeds of lottery bonds issued pursuant to this section for the
biennium beginning July 1, 2011, an amount not to exceed:
(a)
$25 million shall be deposited into the Oregon University System Capital
Construction, Deferred Maintenance and Capital Repair Project Fund established
in section 3, chapter 788, Oregon Laws 2005.
(b)
$87,479,000 shall be deposited into the Oregon University System Fund established
in ORS 351.506, segregated in a distinct subaccount to allow necessary
compliance under the Internal Revenue Code. [2011 c.624 §2]
351.353 Construction of parking
facilities; bonds. (1) The State Board of Higher
Education may undertake the construction of an off-street motor vehicle parking
facility in Portland, Oregon, for higher education pursuant to Article XI-F(1),
Oregon Constitution, ORS 351.160 to 351.190, 351.350 to 351.460 and 351.505.
The parking facility shall be for the use of the students and staff members of
the board. The board shall establish the rates, charges and fees for use of the
parking facility in accordance with the provisions of ORS 351.170.
(2)
Bonds may be sold to finance the facility described in this section, in an
amount authorized and under the conditions prescribed by ORS 351.350. [1963
c.573 §2; 1967 c.67 §18; 1981 c.660 §26; 1991 c.220 §9]
351.355 [1963
c.573 §3; repealed by 1967 c.67 §27]
351.356 Financial agreements.
(1) As used in this section:
(a)
“Bond” means a bond issued under Article XI-F(1) of the Oregon Constitution.
(b)
“Credit enhancement device” means a letter of credit, line of credit, bond
insurance policy, standby purchase agreement, surety bond or other device or
facility used to enhance the creditworthiness, liquidity or marketability of a
bond.
(c)
“Financial agreement” means an agreement for exchange of interest rates, as
defined in ORS 286A.001, a credit enhancement device or an agreement made in
connection with a credit enhancement device, that is executed for one or more
bonds.
(2)
The State of Oregon, acting through the State Board of Higher Education or the
State Treasurer, may:
(a)
Enter into financial agreements.
(b)
Identify, segregate, pledge and agree to pay amounts due under financial
agreements entered into under this section from:
(A)
The revenues described in section 2, Article XI-F(1) of the Oregon
Constitution; or
(B)
The unexpended proceeds of the bonds for which financial agreements are
executed.
(c)
To the extent permitted by Article XI-F(1) of the Oregon Constitution, issue
bonds to secure the state’s obligation to make payments under a financial
agreement. If a bond is issued under this paragraph, the bond amount shall
count toward the limit described in section 1, Article XI-F(1) of the Oregon
Constitution, only to the extent that it increases the amount the state is
obligated to pay under other bonds. [2007 c.767 §2; 2009 c.538 §12; 2011 c.2 §11]
Note:
351.356 was added to and made a part of ORS chapter 351 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
351.360
[Amended by 1957 c.703 §2; 1959 c.127 §2; 1967 c.369 §1; repealed by 1981 c.660
§18]
351.370
[Repealed by 1981 c.660 §18]
351.380
[Amended by 1957 c.703 §3; repealed by 1981 c.660 §18]
351.390
[Repealed by 1981 c.660 §18]