69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1150
House Bill 2364
Sponsored by Representatives SHETTERLY, WATT; Representatives
JOHNSON, JONES, SIMMONS, UHERBELAU, Senators HANNON, NELSON,
TROW (at the request of State Board of Higher Education)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Renames Western Oregon State College, Southern Oregon State
College and Eastern Oregon State College.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state institutions of higher education; creating new
provisions; amending ORS 243.686, 243.850, 282.076, 344.257,
348.210, 352.002, 352.390, 352.675 and 399.275; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 352.002 is amended to read:
352.002. The State System of Higher Education consists of the
programs, activities and institutions of higher education under
the jurisdiction of the State Board of Higher Education including
the following:
(1) University of Oregon.
(2) Oregon State University.
(3) Portland State University.
(4) Oregon Institute of Technology.
(5) { - Western Oregon State College - } { + Western Oregon
University + }.
(6) { - Southern Oregon State College - } { + Southern
Oregon University + }.
(7) { - Eastern Oregon State College - } { + Eastern Oregon
University + }.
SECTION 2. { + Section 3 of this Act is added to and made a
part of ORS chapter 352. + }
SECTION 3. { + Western Oregon University, Southern Oregon
University and Eastern Oregon University are established as
comprehensive universities that offer a full range of
baccalaureate programs and graduate programs through the master's
degree. + }
SECTION 4. ORS 243.686 is amended to read:
243.686. (1) The { + Employment Relations + } Board shall
place on the ballot only those labor organizations designated to
be placed on the ballot by more than 10 percent of the employees
in an appropriate bargaining unit.
(2) The ballot shall contain a provision for marking no
representation.
(3) The board shall determine who is eligible to vote in the
election and require the employer to provide a complete list of
all such eligible persons, their names, addresses and job
classifications to each candidate organization on the ballot at
least 20 days before the election is to occur.
(4) The labor organization which receives the majority of the
votes cast in an election shall be certified by the board as the
exclusive representative.
(5) In any election where there are more than two choices on
the ballot and none of the choices receives a majority of the
votes cast, a runoff election shall be conducted. The ballot in
the runoff election shall contain the two choices on the original
ballot that received the largest number of votes.
(6)(a) In conducting an election involving the faculty of a
{ - college or - } university administered by the State Board
of Higher Education, the { + Employment Relations + } Board
shall place on the same ballot provisions for voting on two
issues:
(A) For or against representation; and
(B) For those labor organizations designated to be placed on
the ballot by more than 10 percent of the employees in an
appropriate bargaining unit.
(b) If a majority of votes in paragraph (a)(A) of this
subsection are cast in favor of no representation, the board
shall not count the votes cast for labor organizations and shall
certify no representative for the unit.
(c) If a majority of votes in paragraph (a)(A) of this
subsection are cast in favor of representation, the board shall
count the votes in paragraph (a)(B) of this subsection for the
designated labor organizations and, if an organization receives a
majority of those votes cast, shall certify that organization as
the exclusive representative. If no labor organization receives a
majority of the votes cast in paragraph (a)(B) of this
subsection, a runoff election shall be conducted. The ballot in
the runoff election shall contain only the two labor
organizations that received the largest number of votes.
(7) Nothing in this section is intended to prohibit the waiving
of hearings by stipulation for the purpose of a consent election,
in conformity with the rules of the board.
SECTION 5. ORS 243.850 is amended to read:
243.850. (1) An eligible football coach and the State Board of
Higher Education may enter into an agreement to provide that:
(a) The coach's salary will be reduced monthly by a stated
amount that is not less than $25 a month, or the coach will forgo
monthly a salary increase of a stated amount that is not less
than $25 month; and
(b) The State Board of Higher Education will contribute monthly
an amount equal to the stated amount determined under paragraph
(a) of this subsection for the month to a designated qualified
football coaches plan. The amount contributed by the employer
shall not exceed the stated amount.
(2) The amount by which an eligible football coach's salary or
wages is reduced by reason of the salary reduction or forgoing of
a salary increase authorized by subsection (1) of this section
shall continue to be included as regular compensation for the
purpose of computing the retirement, pension and social security
benefits earned by the coach, but that amount shall not be
considered current taxable income for the purpose of computing
federal and state income taxes withheld on behalf of that coach.
(3) For the purposes of this section:
(a) 'Qualified football coaches plan' has that meaning given in
29 U.S.C. 1002(37).
(b) 'Eligible football coach' means a staff member of the state
system of higher education who primarily coaches football as a
full-time employee of a four-year { - college or - }
university described in 26 U.S.C. 170(b)(1)(A)(ii).
SECTION 6. ORS 282.076 is amended to read:
282.076. (1) An athletic department of any { - college or - }
university under the jurisdiction of the State Board of Higher
Education shall not be required to use for printing state
printing controlled by the State Printer as required by ORS
282.020 (1).
(2) A state agency that gives to the Director of the Oregon
Department of Administrative Services prior written notice of its
intent to use other printing services shall not be required to
use for printing state printing controlled by the State Printer
as required by ORS 282.020 (1), if the agency can demonstrate
that these other printing services provide better value in the
form of lower prices or better responsiveness than those services
already provided by the State Printer.
SECTION 7. ORS 344.257 is amended to read:
344.257. (1) For the purposes of ORS 344.259, 'continuing
education' means organized instruction to serve the needs of
post-secondary students, including but not limited to:
(a) Courses as offered to the regular full-time resident
post-secondary student consisting of professional preparatory
courses and professional supplementary, technical, academic and
professional courses;
(b) Developmental education, consisting of adult basic
education, high school completion courses, instruction to pass
the General Education Development Examination for a high school
diploma, English as a second language instruction, and remedial
instruction;
(c) Educational activities, consisting of adult
self-improvement courses and Federal Cooperative Extension
Service; and
(d) Hobby and recreation activities.
(2) 'Continuing education' for an institution under the
jurisdiction of the State Board of Higher Education, except the
Oregon Health Sciences University and { - Eastern Oregon State
College - } { + Eastern Oregon University + }, is limited to
instruction scheduled to be held at least 30 miles beyond the
campus of the institution offering such instruction.
(3) 'Continuing education' for a community college is limited
to instruction within district boundaries and instruction outside
district boundaries offered under contract.
SECTION 8. ORS 348.210 is amended to read:
348.210. (1) In addition to any other scholarships provided by
law, the State Scholarship Commission may award scholarships
{ - in Eastern Oregon State College - } { + at Eastern Oregon
University + }, not to exceed two and one-half percent of the
enrollment therein, to resident undergraduate students applying
for enrollment in the
{ - college - } { + university + } or who are pursuing
courses therein. The scholarships shall be awarded upon the basis
of a record of high intellectual standing and deportment in the
school or institution where the applicant has received or is
receiving preparatory training, the necessity for financial
assistance and other qualifications of such nature that the
awarding of scholarships will operate not only to the advantage
of the applicant but to the people of Oregon. No scholarships so
awarded shall exceed in value the amount of the tuition and other
fees, including the fees which are levied against the recipient
of the scholarship by the State Board of Higher Education at the
{ - college - } { + university + }.
(2) The commission may award tuition and fee-exempting
scholarships not exceeding the amount of tuition and all fees to
students from foreign nations who are enrolled in state
institutions of higher education.
(3) The value of scholarships awarded each year under
subsection (2) of this section shall not exceed in aggregate an
amount equal to 10 percent of the amount of tuition and fees paid
in the preceding year to the Department of Higher Education by
students enrolled therein who were not Oregon residents.
SECTION 9. ORS 352.390 is amended to read:
352.390. (1) The State Board of Higher Education shall cause to
have prepared and submitted to the Legislative Assembly a program
and time schedule for the establishment of regional services
institutes at appropriate state { - colleges - } { +
institutions of higher education + }. The program shall include
academic curriculum and practical training appropriate to train
students in various aspects of economic and community services
planning, with particular emphasis on economic services planning
for areas of the state that have common geographic, economic and
social characteristics but which do not have sufficient
population to qualify as standard metropolitan statistical areas.
(2) In carrying out its duties under subsection (1) of this
section, the board shall consult with the Economic Development
Department and shall rely on the department for technical advice
and, as necessary, technical services. The board shall also
consult with community colleges, Oregon State University
Extension Service, economic development districts and special
districts providing community and economic development services
in the region in order to prepare curriculum and programs with
particular emphasis to streamlining existing programs, avoiding
duplication and overlap of programs, better utilization of
students and resources, and identification of needs in the region
which are currently unaddressed.
(3) In preparing programs for establishing regional services
institutes, the board shall give priority to establishing such
institutes at { - Eastern Oregon State College - }
{ + Eastern Oregon University + } and { - Southern Oregon
State College - } { + Southern Oregon University + }. The board
may also direct the hiring of an institute director and other
staff as may be from time to time required.
SECTION 10. ORS 352.675 is amended to read:
352.675. The Legislative Assembly declares its ongoing interest
in state policies that:
(1) Enhance the ability of independent institutions to sustain
and expand their services in Oregon;
(2) Complement, assist and strengthen existing or planned
programs and activities of independent institutions in Oregon
while maintaining high academic and administrative standards;
(3) Encourage broad public participation in independent higher
education;
(4) Promote coordination among independent and community
colleges and state { - colleges and - } universities;
(5) Stimulate and encourage private initiative and financial
support in connection with the programs and activities of
independent higher education;
(6) Encourage recognition of the contributions made by
independent higher education to the well-being of the state and
to the development of the individual; and
(7) Develop, maintain and provide the public with sufficient
information concerning independent educational opportunities
within the state.
SECTION 11. ORS 399.275 is amended to read:
399.275. (1) Any member of the Oregon National Guard who
registers for classes at { - Eastern Oregon State College - }
{ + Eastern Oregon University + }, { - Southern Oregon State
College - } { + Southern Oregon University + } or { - Western
Oregon State College - } { + Western Oregon University + } may
receive a tuition waiver of 90 percent of the resident tuition
charges imposed by that institution of higher education. A member
of the Oregon National Guard may receive the tuition waiver
authorized by this section at any time if the member maintains
satisfactory performance with the Oregon National Guard and
pursues a course of study in the institution of higher education
in a manner that satisfies the usual requirements of the
institution.
(2) Not more than 20 members of the Oregon National Guard shall
be granted tuition waivers under ORS 399.275 to 399.290 in any
fiscal year.
(3) When determining to whom the tuition waivers shall be
granted, priority shall be given to those members of the Oregon
National Guard who have previously received tuition waivers while
serving in the Oregon National Guard. The Oregon Military
Department shall apply qualifications and limitations to the
tuition waiver program that are consistent with efficient and
effective program management as determined by the Adjutant
General.
SECTION 12. { + (1) The amendments to ORS 352.002 by section 1
of this Act are intended to change the name of Western Oregon
State College to Western Oregon University.
(2) The amendments to ORS 352.002 by section 1 of this Act are
intended to change the name of Southern Oregon State College to
Southern Oregon University.
(3) The amendments to ORS 352.002 by section 1 of this Act are
intended to change the name of Eastern Oregon State College to
Eastern Oregon University. + }
SECTION 13. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating
Western Oregon State College, wherever they occur in Oregon
Revised Statutes, other words designating Western Oregon
University.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating Southern Oregon
State College, wherever they occur in Oregon Revised Statutes,
other words designating Southern Oregon University.
(3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating Eastern Oregon State
College, wherever they occur in Oregon Revised Statutes, other
words designating Eastern Oregon University. + }
SECTION 14. { + 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 on its
passage. + }
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