68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session Enrolled Senate Bill 5555 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Fiscal Policy Analysis Division, Department of Administrative Services) + } CHAPTER ................ AN ACT Relating to the financial administration of the Department of Higher Education; appropriating money; limiting expenditures; and declaring an emergency. Be It Enacted by the People of the State of Oregon: **************************** SECTION 1. { + (1) In addition to and not in lieu of any other appropriations, there is appropriated to the Department of Higher Education, out of the General Fund, the amount of $11,250,000 for repair and renovation of facilities. (2) The appropriation made by subsection (1) of this section is available continuously until expended for the purposes specified in subsection (1) of this section. (3) The State Board of Higher Education shall determine the repair and renovation projects to be undertaken with moneys made available under section 2 (1)(a) of this Act and subsection (1) of this section based on a determination of the most critical deferred maintenance needs. In determining those needs, the board shall give priority to projects that protect the health and safety of occupants and maintain the structural integrity of facilities. + } **************************** SECTION 2. { + Notwithstanding any appropriations or moneys made available by law or from other sources unless otherwise authorized by the Emergency Board, there are established maximum limits for expenditures from the proceeds of bonds and other revenue sources for the acquisition of land and for the planning, constructing, altering, repairing, furnishing and equipping of buildings and facilities for the Department of Higher Education as follows: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + Article Article XI-G XI-F(1) Other Bonds BoRevenues + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + (1Department of Higher Education System (a) Repair and Renovation $11,250,0$1,500,00$4,750,000 (b) Safety Improvements 650,000 (c) Utility Systems Rehabilitation 3,500,0005,000,000 (d) Academic Modernizat3,225,000 975,000 (e) Campus Handicap Imp1,300,000 (f) Seismic Improvements 650,000 350,000 (g) Land Acquisition 1,000,000 (h) Facilities Planning 500,000 (2) University of Oregon (a) Law Library Center Additions, Phas4,700,000 4,700,000 (b) Longhouse 650,000 (c) EMU Safety/Utilities/ Service Improvements 4,150,000 (d) Family Housing 6,000,000 (3) Oregon State University (a) Forest Ecosystem Research Laboratory Bldg. 20,000,000 (b) Kerr Libra10,000,000II 10,000,000 (c) Memorial Union Renovation, Phase II 2,650,000 (d) Family Housing 8,400,000 (e) West Dining Hall Re4,855,000 (f) West Hall Renovatio8,285,000 (g) Hatfield Marine Science Visitor Center 5,500,000 (h) Hatfield Marine Science Dock Facility 4,200,000 (i) Hatfield Marine Science Hous1,100,000 (j) Parker Stadium End-Zone Buil5,300,000 (4) Portland State University (a) Urban Center Buildi1g 11,999,998 (b) Student Housing Rehabilitation 2,000,000 (5) Western Oregon State College (a) Business/Mathematics/ Computer Science and Fore400,000ilding (b) Training Center 7,700,000 (c) Werner College Center Remodel and Addition, P2,250,000 (6) Southern Oregon State College (a) Art Facilities, Phase II 3,065,000 (b) Family Housing 2,900,000 (7) Eastern Oregon State College Residence Hall Construction and Re3,935,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ Enrolled Senate Bill 5555 Page 2 **************************** SECTION 3. { + Notwithstanding any other law limiting expenditures of the Department of Higher Education, for the biennium beginning July 1, 1993, the limitation on expenditures established by section 1 (3)(a), chapter 538, Oregon Laws 1993, is decreased by $2,315,000. + } **************************** SECTION 4. { + 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 Department of Higher Education 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 unexpended funds, the construction status and the anticipated completion date. + } **************************** SECTION 5. { + Notwithstanding any other provisions of law, the Department of Higher Education may expend moneys from the Higher Education Bond Building Fund subfund established by ORS 351.450 including moneys realized from the sale of bonds issued pursuant to Article XI-F(1) of the Oregon Constitution and ORS 351.350, for the planning, constructing, altering, repairing, furnishing and equipping of buildings and facilities of the kind and character prescribed by Article XI-F(1) of the Oregon Constitution and for the acquisition of land. + } **************************** SECTION 6. { + Notwithstanding any appropriations or moneys made available by law, and notwithstanding any other provision made for appropriations to the Department of Higher Education under this Act, the State Board of Higher Education is authorized to undertake architectural and engineering planning with moneys provided from the Federal Government or from other sources. Such moneys, including reimbursement for planning, are continuously appropriated for planning purposes. + } **************************** SECTION 7. { + Unless otherwise authorized by the Emergency Board, the total expenditure of moneys by the State Board of Higher Education for the acquisition of land and improvements to land and for the planning, construction, altering, repairing, furnishing and equipping of buildings and facilities listed in section 2 of this Act shall not exceed $159,390,000. + } **************************** SECTION 8. { + Notwithstanding any other provisions of this Act, the limitations made by section 2 of this Act shall not be available for expenditure before July 1, 1995. However, prior to July 1, 1995, the State Board of Higher Education may take action and enter into contracts necessary for the acquisition of land and improvements to land and for the planning, constructing, altering, repairing, furnishing and equipping of the facilities authorized by this Act. Within 60 days after the completion of all land acquisition, buildings, facilities and projects referred to in section 2 of this Act or by July 1, 2000, whichever occurs first, the State Board of Higher Education shall certify to the Department of Administrative Services the amounts of unobligated balances of limitations established by section 2 of this Act, and thereupon the limitation balances are canceled. + } **************************** SECTION 9. { + This Act does not prohibit the Department of Higher Education or the State Board of Higher Education from expending moneys in addition to the limitations made by section 2 of this Act if such additional Enrolled Senate Bill 5555 Page 3 moneys are otherwise available as provided by law for expenditure by the department or board for the acquisition of land and improvements to land and the planning, constructing, altering, repairing, furnishing and equipping of the buildings and facilities referred to in section 2 of this Act, including transfers of moneys between projects, or for such other buildings and facilities as may be authorized or approved by the Emergency Board. + } **************************** SECTION 10. { + Sections 5 and 7 of this Act do not limit, affect or apply to expenditures for debt service or for administrative costs relating to debt service on bonds sold pursuant to Article XI-F(1) of the Oregon Constitution. + } **************************** SECTION 11. { + (1) There is established in the General Fund an account to be known as the Kerr Library Phase II Donation Account. Funds in the account shall be used for remodeling and expansion of the Kerr Library at Oregon State University. (2) The account shall consist of funds donated to the State System of Higher Education for the purpose of the Kerr Library project described in subsection (1) of this section. (3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. Notwithstanding section 10, chapter 538, Oregon Laws 1993, the account shall not be credited with more than $10 million in donations for purposes of this subsection for Phase II of the Kerr Library project. + } **************************** SECTION 12. { + (1) There is established in the General Fund an account to be known as the University of Oregon Law Library Phase I Donation Account. Funds in the account shall be used for remodeling and expansion of the Law Library Center at the University of Oregon. (2) The account shall consist of funds donated to the State System of Higher Education for the purpose described in subsection (1) of this section. (3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more $4,700,000 in donations for purposes of this subsection for Phase I of the University of Oregon Law Library Center project. + } **************************** SECTION 13. { + (1) There is established in the General Fund an account to be known as the Portland State University Urban Center Donation Account. Funds in the account shall be used for construction of the Urban Center Building at Portland State University. (2) The account shall consist of funds donated to the State System of Higher Education for the purpose described in subsection (1) of this section. (3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $7 million in donations for purposes of this subsection for construction of the Urban Center Building at Portland State University. + } **************************** SECTION 14. { + (1) Pursuant to Article XI-G of the Oregon Constitution and ORS 351.345, the State Board of Higher Education may sell, with the approval of Enrolled Senate Bill 5555 Page 4 the State Treasurer, such general obligation bonds of the State of Oregon of the kind and character and within the limits prescribed by Article XI-G of the Oregon Constitution, as the board determines, but in no event more than the aggregate principal sum of $32,950,000 par value for the 1995-1997 biennium. The moneys realized from the sale of the bonds shall be appropriated and may be expended for the purposes set forth in section 2 (1)(a), section 2 (2)(a), section 2 (3)(b) and section 2 (4)(a) of this Act and for payment for capitalized interest and costs incident to issuance of the bonds. (2) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under: (a) Section 2 (1)(a) of this Act are matched with the General Fund appropriation made under section 1 (1) of this Act; (b) Section 2 (2)(a) of this Act are matched with the General Fund appropriation made under section 12 (3) of this Act; (c) Section 2 (3)(b) of this Act are matched with the General Fund appropriation made under section 11 (3) of this Act; and (d) Section 2 (4)(a) of this Act are matched with the General Fund appropriation made under section 13 (3) of this Act. + } **************************** SECTION 15. { + In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Higher Education, for the biennium beginning July 1, 1995, out of the General Fund, the amount of $15,725,060, which may be expended only for debt service and administrative costs relating to debt service on outstanding general obligation bonds sold pursuant to Article XI-G of the Oregon Constitution. + } **************************** SECTION 16. { + Notwithstanding any other law, all sections of this Act are subject to Department of Administrative Services rules related to allotting, controlling and encumbering funds. + } **************************** SECTION 17. { + This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Act takes effect July 1, 1995. + } ---------- Passed by Senate May 24, 1995 ........................................................... Secretary of Senate ........................................................... President of Senate Passed by House May 30, 1995 ........................................................... Speaker of House Enrolled Senate Bill 5555 Page 5 Received by Governor: ......M.,............., 1995 Approved: ......M.,............., 1995 ........................................................... Governor Filed by Office of Secretary of State: ......M.,............., 1995 ........................................................... Secretary of State Enrolled Senate Bill 5555 Page 6 Senate Bill 5555 - Enrolled