Chapter 351 — Higher Education Generally

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2014 regular session. See the table of ORS sections amended or repealed during the 2014 regular session: 2014 A&R Tables

 

Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2014 regular session. See the table of uncodified sections amended or repealed during the 2014 regular session: 2014 A&R Tables

 

New sections of law were enacted by the Legislative Assembly during its 2014 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2014 Oregon Laws chapters: 2014 Session Laws 0083; 2014 Session Laws 0085; 2014 Session Laws 0113

 

 

2013 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

 

351.013     Departure from Oregon University System

 

(State Board of Higher Education and Higher Education Coordinating Commission)

 

351.015     State Board of Higher Education

 

(Temporary provisions relating to the constitutional status of employees of the State Board of

Higher Education are compiled as notes following ORS 351.015)

 

351.020     Directors; appointment; confirmation

 

351.040     Term; removal; compensation and expenses of directors

 

351.045     Chairperson; 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

 

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; standards; limit on enrollment fee increases

 

351.064     Limits on enrollment fees

 

351.065     Personnel records; standards; exemptions

 

351.067     Sources of compensation for officers and employees; potential conflict of interest; reporting; standards

 

351.070     Board general powers as to Oregon University System and universities; standards

 

351.072     Adoption of certain standards not subject to rulemaking procedures; limitations

 

351.075     Chancellor of Oregon University System; relationship to Chief Education Officer

 

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     Standards for minimum content of alcohol and drug abuse policy

 

351.110     Relationship of public universities in Oregon University System 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 public university lands

 

351.160     Construction and acquisition of buildings and structures

 

(Temporary provisions relating to the status of buildings previously owned by the State Board of

Higher Education are compiled as notes following ORS 351.160)

 

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 Chief Education Officer

 

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

 

351.304     Ability of Chancellor of Oregon University System to enter into financing agreements; conditions; limitations; review by State Treasurer

 

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)

 

(Temporary provisions relating to general obligation bonds authorized for public universities

during the 2013-2015 biennium are compiled as notes following ORS 351.350)

 

351.353     Construction of parking facilities; bonds

 

351.356     Financial agreements

 

351.365     Definitions for ORS 351.365 to 351.379

 

351.369     Eligibility of university with governing board to receive proceeds from state bonds; requirements; review by State Treasurer

 

351.374     Issuance of bonds by university with governing board; use and limitations of security interests; character of bonds and obligations

 

351.379     Repayment of outstanding state bonds and other obligations by university with governing board; provision of cash flow projections to State Treasurer; agreement between university with governing board and State Treasurer

 

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

 

351.641     Resident tuition and fees for persons who are not United States citizens or lawful permanent residents; qualifications; rules; reporting requirement

 

Note          Challenge to legality of ORS 351.641--2013 c.17 §3

 

351.642     Status of members of Armed Forces and certain federal agencies; spouses and children

 

351.643     Rights of student ordered to active duty; standards

 

351.644     Credit for room, board, tuition and fees for student ordered to active duty; standards

 

351.646     Credit for education and training received while in Armed Forces; standards

 

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 or disabled veterans or children of Purple Heart recipients; limits on waiver; conditions

 

351.657     Annual report on reduced tuition rate and tuition waiver recipients

 

351.658     Waiver of tuition for Oregon residents at least 65; conditions for waiver; standards

 

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

 

FORESTRY EDUCATION

 

351.671     Forestry Education Council; members; term of office

 

Note          Terms of initial appointments to Forestry Education Council--2012 c.39 §3

 

351.674     Qualifications of members of Forestry Education Council

 

351.677     Administration of Forestry Education Council

 

351.679     Criteria and measurements for investments in professional forestry education; process; report

 

351.681     Oregon University System Fund subaccount for professional forestry education

 

351.682     No obligation to fund subaccount

 

351.684     Review of allocations by President of Oregon State University

 

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 AND EMPLOYEES

 

351.700     “Public institution of higher education” defined for ORS 351.704 and 351.708

 

351.704     Health care benefits for part-time faculty

 

351.708     Review of employees at public universities and community colleges; report to Legislative Assembly and Governor; content of report

 

351.711     Report on number of employees and supervisory employees at public universities

 

HIGHER EDUCATION COORDINATING COMMISSION

 

(Generally)

 

351.715     Higher Education Coordinating Commission; members; confirmation

 

351.718     Qualifications of members

 

351.722     Officers; quorum; meetings

 

351.725     Executive director; subordinate officers and employees; relationship to Chief Education Officer

 

351.732     Advisory and technical committees

 

351.735     Duties and powers; rules

 

351.745     Ability of Higher Education Coordinating Commission to accept and deposit moneys or property and to apply for federal funds

 

351.751     Coordination between Higher Education Coordinating Commission, State Board of Higher Education, community college districts and independent for-profit and not-for-profit institutions of higher education; common goals; advisory committee; annual reporting

 

(Department of Community Colleges and Workforce Development)

 

351.755     Department to function under Higher Education Coordinating Commission; rules

 

351.758     Department of Community Colleges and Workforce Development Account

 

351.762     Commissioner for Community College Services

 

351.764     Advanced Technology Education and Training Fund

 

351.766     Advanced technology education and training grants and loans; rules

 

351.768     General Educational Development (GED) certificates; rules; fees

 

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]

 

      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. (1) The Oregon University System is established as a public university system, consisting of the office of the Chancellor of the Oregon University System and the following public universities, and any related offices, departments or activities:

      (a) Oregon State University.

      (b) Oregon Institute of Technology.

      (c) Western Oregon University.

      (d) Southern Oregon University.

      (e) Eastern Oregon University.

      (2) 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.

      (3) 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.

      (4) The Oregon University System is not considered a unit of local or municipal government.

      (5) Subsections (1) to (4) of this section apply only to listed public universities that do not become a university with a governing board under ORS 352.054 or section 168 or 168a, chapter 768, Oregon Laws 2013. [2011 c.637 §19; 2013 c.768 §25]

 

      Note: The amendments to 351.011 by section 25, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.011. 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.

 

      351.013 Departure from Oregon University System. A public university that becomes a university with a governing board under section 168 or 168a, chapter 768, Oregon Laws 2013, is not considered to be a public university listed in ORS 351.011. [2013 c.768 §26]

 

      Note: 351.013 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.

 

(State Board of Higher Education and Higher Education Coordinating Commission)

 

      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 351.011. The board shall consist of:

      (1) Two students who at the time of their appointment to the board are attending public universities listed in ORS 351.011.

      (2) Two members of the faculty at a public university listed in ORS 351.011.

      (3) Eleven members of the general public who are not students or faculty members at the time of appointment. [Formerly 351.010; 2013 c.768 §37]

 

      Note: The amendments to 351.015 by section 37, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.015. 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.

 

      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]

 

(Temporary provisions relating to the constitutional status of employees of the State Board of Higher Education)

 

      Note: Section 25, chapter 747, Oregon Laws 2013, provides:

      Sec. 25. For purposes of Article XV, section 8, of the Oregon Constitution, a person employed by the State Board of Higher Education includes a person who:

      (1) Was employed by the board on the date before the effective date [August 14, 2013] of this 2013 Act and who, as a result of sections 6 to 24 of this 2013 Act and the amendments to ORS 351.715 and 351.735 and section 2, chapter 637, Oregon Laws 2011, by sections 1 to 5 of this 2013 Act, is employed by another agency or public corporation of this state in a capacity that was within the authority of the board on the date before the effective date of this 2013 Act.

      (2) On or after the effective date of this 2013 Act, is employed by an agency or public corporation in a capacity that was within the authority of the board before the effective date of this 2013 Act. [2013 c.747 §25]

 

      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 member 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 351.011.

      (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 member 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 member 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; 2013 c.768 §40]

 

      Note: The amendments to 351.020 by section 40, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.020. (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.

 

      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 second note under 351.015.

 

      351.045 Chairperson; meetings; quorum. The State Board of Higher Education shall elect one of its members as chairperson, who shall serve for the fiscal year for which the chairperson is elected. The board shall meet at least four times each fiscal year at such times and places as the chairperson may determine. Eight members shall constitute a quorum for the transaction of business. [Formerly 351.050; 2013 c.230 §1]

 

      351.047 Mission statements and academic programs of public universities. The Higher Education Coordinating Commission shall:

      (1) Review all mission statements of the public universities listed in ORS 352.002; and

      (2) Approve all significant changes to academic programs offered at the public universities, and shall ensure that the changes:

      (a) Are consistent with the mission statement of the respective public university;

      (b) Do not unnecessarily duplicate academic programs offered by other public universities;

      (c) Are not located in a geographic area that will cause undue hardship to Oregon’s other public universities; and

      (d) Are allocated among the public universities to maximize the achievement of statewide needs and requirements. [2011 c.637 §23; 2013 c.768 §41]

 

      Note: The amendments to 351.047 by section 41, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.047. 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.

 

      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 351.011 to the Higher Education Coordinating Commission for approval. [2011 c.637 §23a; 2013 c.768 §138a]

 

      Note: The amendments to 351.049 by section 138a, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.049. 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.

 

      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. (1)(a) On or before April 1 of each even-numbered year, each public university listed in ORS 352.002 must submit to an office designated by the Higher Education Coordinating Commission as being responsible for university coordination a funding request applicable to the biennium beginning on July 1 of the following year; and

      (b) On or before May 1 of each even-numbered year, the office designated under paragraph (a) of this subsection shall consolidate the funding requests from public universities listed in ORS 352.002 and submit the consolidated funding requests to the Higher Education Coordinating Commission.

      (2) On or before September 1 of each even-numbered year, the Higher Education Coordinating Commission shall submit a funding request to the Governor on behalf of all the public universities listed in ORS 352.002.

      (3) The Governor’s biennial budget submitted to the Legislative Assembly may include the Higher Education Coordinating Commission’s funding request for public universities listed in ORS 352.002. [2011 c.637 §21; 2012 c.104 §7; 2013 c.747 §207; 2013 c.768 §42]

 

      Note: The amendments to 351.052 by section 207, chapter 747, Oregon Laws 2013, and section 42, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 7, chapter 104, Oregon Laws 2012, is set forth for the user’s convenience.

      351.052. (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) 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.

      (3) 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.

      (4) The funding request must include, in addition to the performance compact, a report on performance from the previous biennium’s performance compact.

      (5) 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.

 

      351.054 Budgetary items in funding request; allocation of funds. The Higher Education Coordinating Commission 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, deferred maintenance, special initiatives and investments; and

      (2) Allocate moneys, from funds appropriated to the commission and other available moneys, among the office of the Chancellor of the Oregon University System and public universities listed in ORS 352.002. [2011 c.637 §21a; 2013 c.768 §43]

 

      Note: The amendments to 351.054 by section 43, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.054. 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.

 

      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 standards, 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 351.011. [2009 c.391 §2; 2011 c.637 §37; 2013 c.768 §44]

 

      Note: The amendments to 351.062 by section 44, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.062. 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.

 

      351.063 Setting of enrollment fees; fee remissions; standards; limit on enrollment fee increases. (1) The State Board of Higher Education shall set enrollment fees for each public university listed in ORS 351.011. 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 establish a standard 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 351.011 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.

      (4) In setting enrollment fees under subsection (1) of this section for undergraduate students who are enrolled in a degree program at a public university listed in ORS 351.011 and are qualified to pay resident tuition:

      (a) The State Board of Higher Education may not increase the total amount of enrollment fees by more than five percent annually unless the board first receives approval from:

      (A) The Higher Education Coordinating Commission; or

      (B) The Legislative Assembly.

      (b) The State Board of Higher Education shall attempt to limit annual increases in enrollment fees for undergraduate students who are enrolled in a degree program at a public university listed in ORS 351.011 and have established residency in Oregon to a percentage that is not greater than the percentage increase in the Higher Education Price Index, as compiled by the Commonfund Institute. [2011 c.637 §20; 2013 c.768 §45]

 

      Note: The amendments to 351.063 by section 45, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.063. (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.

 

      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]

 

      351.065 Personnel records; standards; exemptions. (1) The State Board of Higher Education may, for each public university or office, department or activity under its control, and a governing board as defined in ORS 352.029 may, for the public university under its control, adopt standards 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) Standards 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) A standard or order promulgated pursuant to this section may not deny to a faculty member full access to the member’s personnel file or records kept by the board or the public university, except as provided in subsections (7) and (8) of this section.

      (4) The number of files relating to the evaluation of a faculty member is limited to three, to be kept in designated, available locations.

      (5) Any evaluation received by telephone must 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 is 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)(a) 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.

      (b) Confidential letters and other information submitted to or solicited by a public university with a governing board listed in ORS 352.054 after July 1, 2014, and 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 university, 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) A public university with a governing board listed in ORS 352.054 and, after July 1, 1975, the State Board of Higher Education 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) A standard or order promulgated pursuant to this section does not limit the authority of a public university 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 standards 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; 2013 c.768 §46]

 

      Note: The amendments to 351.065 by section 46, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.065. (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.

 

      351.067 Sources of compensation for officers and employees; potential conflict of interest; reporting; standards. (1) The State Board of Higher Education, in carrying out its authority under ORS 351.070, and the governing board of a public university with a governing board listed in ORS 352.054 may authorize receipt of compensation for any officer or employee 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 public university;

      (d) Providing services or other valuable consideration for a private corporation, individual, or entity, whether paid in cash or in-kind, stock or other equity interest, or anything of value regardless of whether there is a licensing agreement between the Oregon University System or public university 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 standards established by each board.

      (2) Each 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 the public university or substantially interferes with an officer’s or employee’s duties to the university.

      (3) Any compensation described and authorized under subsection (1) of this section 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 board standards. The disclosure is a public record subject to public inspection.

      (4) Each board shall adopt standards governing employee outside employment and activities, including potential conflict of interest, as defined by board standard 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; 2013 c.768 §47]

 

      Note: The amendments to 351.067 by section 47, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.067. (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.

 

      351.070 Board general powers as to Oregon University System and universities; standards. (1) The State Board of Higher Education shall develop standards to 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 351.011:

      (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 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) 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.

      (d) 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 develop and adopt standards 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 standards 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 351.011, 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 351.011, 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 under the board’s control, 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; 2013 c.115 §4; 2013 c.747 §200; 2013 c.768 §48]

 

      Note: The amendments to 351.070 by section 200, chapter 747, Oregon Laws 2013, and section 48, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 4, chapter 115, Oregon Laws 2013, is set forth for the user’s convenience.

      351.070. (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 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.

 

      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]

 

      351.075 Chancellor of Oregon University System; relationship to Chief Education Officer. (1) The State Board of Higher Education shall appoint a chief executive officer who shall be known as the Chancellor of the Oregon University System.

      (2) The chancellor shall:

      (a) Serve at the pleasure of the board.

      (b) Serve under the direction and control of the Chief Education Officer appointed under section 2, chapter 519, Oregon Laws 2011, for matters related to the design and organization of the state’s education system. [1971 c.708 §10; 2001 c.382 §3; 2005 c.22 §248; 2011 c.637 §39; 2012 c.36 §4]

 

      Note: The amendments to 351.075 by section 10, chapter 36, Oregon Laws 2012, become operative March 15, 2016. See section 13, chapter 36, Oregon Laws 2012. The text that is operative on and after March 15, 2016, is set forth for the user’s convenience.

      351.075. (1) The State Board of Higher Education shall appoint a chief executive officer who shall be known as the Chancellor of the Oregon University System.

      (2) The chancellor shall serve at the pleasure of the board.

 

      351.077 Implementation of minority teacher recruitment plans. (1) The Higher Education Coordinating Commission shall ensure the implementation of the plans developed by the State Board of Higher Education under ORS 342.447 for recruitment of minority teachers.

      (2) The commission shall report biennially to 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; 2013 c.747 §144]

 

      Note: The amendments to 351.077 by section 144, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.077. (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.

 

      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 351.011 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 of the funding request for the Oregon University System for consideration by the Higher Education Coordinating Commission 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; 2013 c.768 §49]

 

      Note: The amendments to 351.085 by section 49, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.085. 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.

 

(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)(a) Notwithstanding subsection (1) of this section, the provisions of 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 to 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.

      (b) ORS 279C.800 to 279C.870 apply to an agreement under the terms of which a private entity constructs, reconstructs, renovates or paints an improvement on real property that the Oregon University System or an institution in the Oregon University System owns.

      (3) Notwithstanding subsection (1) of this section, ORS 273.413 to 273.456 apply to any structure, equipment or asset the Oregon University System owns and 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 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 chapter 286A and 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 293.857, 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 the agents and employees of the Oregon University System 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)(a) Except as provided by paragraph (b) of this subsection, 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 the provision applies to the Oregon University System.

      (b) To the same extent as state agencies that borrow through the State Treasurer or that have moneys held in the State Treasury, the Oregon University System is subject to any provision of law enacted after January 1, 2011, that relates to or affects the borrowings of the Oregon University System through the State Treasurer or the deposit, payment or investment of moneys held in the Oregon University System Fund or any other moneys held for the Oregon University System in the State Treasury.

      (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 to perform duties, functions and powers that 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; 2012 c.104 §48; 2013 c.203 §2]

 

      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)(a) 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 an alternative group health and welfare insurance benefit plan to employees of the Oregon University System on or after October 1, 2016, if the benefit plan is offered through the health insurance exchange under ORS 741.310, unless their participation is precluded by federal law.

      (b) The governing board of each university with a governing board listed in ORS 352.054 shall provide group insurance to employees of the university through the Public Employees’ Benefit Board or may elect to provide an alternative group health and welfare insurance benefit plan to employees of the university on or after October 1, 2016, if the benefit plan is offered through the health insurance exchange under ORS 741.310, unless their participation is precluded by federal law.

      (2) For the purposes of ORS 243.555 to 243.575, if the State Board of Higher Education or the governing board of a public university with a governing board listed in ORS 352.054 chooses not to participate in the benefit plans offered through the Public Employees’ Benefit Board, the State Board of Higher Education or governing board 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)(a) 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.

      (b) The governing board of each public university with a governing board listed in ORS 352.054 shall offer one or more deferred compensation plans to employees of the university. The governing board shall 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 governing board elects to make available to the employees of the university. [1995 c.612 §5; 1997 c.179 §29; 1997 c.222 §52; 2011 c.637 §42; 2013 c.768 §88]

 

      Note: The amendments to 351.094 by section 88, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.094. (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.

 

      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 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.

 

      351.097 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 Standards 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 and the governing board of a public university with a governing board listed in ORS 352.054, in consultation with the Oregon Health Authority and the Alcohol and Drug Policy Commission, shall adopt standards that, as a minimum, describe 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; 2013 c.768 §51]

 

      Note: The amendments to 351.105 by section 51, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.105. 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.

 

      351.110 Relationship of public universities in Oregon University System with Legislative Assembly. All relationships and negotiations between the Legislative Assembly and its various committees and a public university listed in ORS 351.011 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; 2013 c.768 §52]

 

      Note: The amendments to 351.110 by section 52, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.110. 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.

 

      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 293.857, 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 chairperson 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; 2013 c.230 §2]

 

      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 public university lands. 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 and the governing board of a public university listed in ORS 352.054 may, in the management of all forestlands under each board’s 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 each 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; 2013 c.768 §53]

 

      Note: The amendments to 351.155 by section 53, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.155. 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.

 

      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]

 

(Temporary provisions relating to the status of buildings previously owned by the State Board of Higher Education)

 

      Note: Section 26, chapter 747, Oregon Laws 2013, provides:

      Sec. 26. For purposes of Article XI-M, section 1, of the Oregon Constitution, a building owned by the State Board of Higher Education includes a building owned by:

      (1) The State Board of Higher Education on the date before the effective date [August 14, 2013] of this 2013 Act that, as a result of sections 6 to 24 of this 2013 Act and the amendments to ORS 351.715 and 351.735 and section 2, chapter 637, Oregon Laws 2011, by sections 1 to 5 of this 2013 Act, is on the effective date of this 2013 Act owned by another agency or public corporation of this state and used for purposes within the authority of the board on the date before the effective date of this 2013 Act.

      (2) An agency or public corporation of this state on or after the effective date of this 2013 Act and used for purposes within the authority of the board before the effective date of this 2013 Act. [2013 c.747 §26]

 

      351.165 Report on capital construction projects. No later than March 1 of each odd-numbered year, the Higher Education Coordinating Commission shall submit a report to the Legislative Assembly concerning the status of all previously approved 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; 2013 c.768 §55]

 

      Note: The amendments to 351.165 by section 55, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.165. 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.

 

      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 Chief Education Officer. The State Board of Higher Education and the public universities with governing boards listed in ORS 352.054 shall cooperate with the Chief Education Officer of the Oregon Education Investment Board 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 and the public universities with governing boards listed in ORS 352.054 shall submit in timely fashion to the Chief Education Officer the data as is appropriate in a form prescribed by the officer. [1975 c.553 §12; 1997 c.652 §36; 1999 c.291 §16a; 2011 c.637 §216; 2013 c.747 §145; 2013 c.768 §138b]

 

      Note: The amendments to 351.203 by section 145, chapter 747, Oregon Laws 2013, and section 138b, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, 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 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.

 

      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 351.011 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; 2013 c.768 §57]

 

      Note: The amendments to 351.205 by section 57, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.205. 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.

 

      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 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, 352.105 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 shall have the amount of tuition and all fees levied against the student waived if attending an institution of higher education 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:

      (a) “Former foster child” means an individual who, for a total of six or more months while between 14 and 21 years of age, was:

      (A) A ward of the court pursuant to ORS 419B.100 (1)(b) to (e), in the legal custody of the Department of Human Services for out-of-home placement and not dismissed from care before reaching 16 years of age; or

      (B) An Indian child subject to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), under the jurisdiction of a tribal court for out-of-home placement and not dismissed from care before reaching 16 years of age.

      (b) “Institution of higher education” means:

      (A) A public university listed in ORS 352.002;

      (B) A community college operated under ORS chapter 341; or

      (C) The Oregon Health and Science University. [2011 c.642 §1; 2013 c.1 §49; 2013 c.116 §1; 2013 c.747 §201]

 

      Note: The amendments to 351.293 by section 201, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 49, chapter 1, Oregon Laws 2013, and section 1, chapter 116, Oregon Laws 2013, is set forth for the user’s convenience.

      351.293. (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 shall have the amount of tuition and all fees levied against the student waived if attending an institution of higher education 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:

      (a) “Former foster child” means an individual who, for a total of six or more months while between 14 and 21 years of age, was:

      (A) A ward of the court pursuant to ORS 419B.100 (1)(b) to (e), in the legal custody of the Department of Human Services for out-of-home placement and not dismissed from care before reaching 16 years of age; or

      (B) An Indian child subject to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), under the jurisdiction of a tribal court for out-of-home placement and not dismissed from care before reaching 16 years of age.

      (b) “Institution of higher education” means:

      (A) A public university listed in ORS 352.002;

      (B) A community college operated under ORS chapter 341; or

      (C) The Oregon Health and Science University.

 

      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, “institution of higher education” means:

      (a) A public university listed in ORS 352.002;

      (b) A community college operated under ORS chapter 341; or

      (c) The Oregon Health and Science University.

      (2) An institution of higher education 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; 2013 c.1 §50]

 

      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 universities over a longer period than is customary with biennial budgeting. [1991 c.963 §1; 2011 c.637 §219; 2013 c.768 §58]

 

      Note: The amendments to 351.300 by section 58, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.300. 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.

 

      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]

 

      351.304 Ability of Chancellor of Oregon University System to enter into financing agreements; conditions; limitations; review by State Treasurer. (1) As used in this section:

      (a) “Financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement entered into under this section:

      (A) To finance real or personal property that is, or will be, owned or operated by the Oregon University System;

      (B) To finance infrastructure, including but not limited to telecommunications systems, systems for water, sewage, electricity, steam or natural gas and other equipment or improvements that are necessary or appropriate to support a facility that is, or will be, owned or operated by the Oregon University System; or

      (C) To refinance financing agreements previously executed pursuant to this section or under ORS 283.085 to 283.092 for the benefit of the Oregon University System.

      (b) “Higher education financing revenue” means:

      (A) Tuition, fees and charges collected by the Oregon University System, or by a public university in the system; and

      (B) Moneys appropriated, allocated or otherwise made available by the Legislative Assembly to the Oregon University System, or a public university in the system, that are lawfully available to pay costs related to financing agreements entered into pursuant to this section.

      (2) The Chancellor of the Oregon University System may enter into financing agreements under this section on terms the chancellor finds to be advantageous to the Oregon University System if the debt service, when combined with existing debt service that is paid from higher education financing revenues of the Oregon University System, does not exceed the maximum allowed by State Board of Higher Education policy.

      (3) A financing agreement entered into by the Oregon University System under this section is subject to the following requirements:

      (a) The Oregon University System may not pay amounts due under the financing agreement from any source other than higher education financing revenue. If higher education financing revenue is not sufficient to pay amounts due under a financing agreement, the lender may exercise property rights granted by the Oregon University System in the financing agreement against the property that was purchased with proceeds of the financing agreement and may apply the amounts received to payments scheduled to be made under the financing agreement.

      (b) The Oregon University System may not grant property rights in property unless the property is being acquired, substantially improved or refinanced with proceeds of a financing agreement or the property is land on which financed improvements are located.

      (c) The State Treasurer shall review and approve, pursuant to rules adopted by the State Treasurer, the terms and conditions of financing agreements to be entered into by the Oregon University System.

      (d) A financing agreement is not an obligation of any agency of the State of Oregon other than the Oregon University System.

      (4) A financing agreement entered into by the Oregon University System under this section is not:

      (a) Subject to ORS 283.085 to 283.092.

      (b) A bond, as defined in ORS 286A.001 or 287A.001, subject to the provisions of ORS chapter 286A or 287A. [2013 c.767 §1]

 

      Note: 351.304 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.

 

      351.305 [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 351.011 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; 2013 c.768 §59]

 

      Note: The amendments to 351.310 by section 59, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.310. (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.

 

      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 351.011 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; 2013 c.768 §60]

 

      Note: The amendments to 351.340 by section 60, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.340. 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.

 

(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]

 

(Temporary provisions relating to issuance of bonds)

 

      Note: Sections 5 and 9 to 13, chapter 904, Oregon Laws 2009, provide:

      Sec. 5. The Higher Education Coordinating Commission shall determine by rule how moneys made available under section 6 (1)(a), chapter 904, Oregon Laws 2009, shall be allocated to universities listed in ORS 352.002. [2009 c.904 §5; 2013 c.747 §79; 2013 c.768 §154c]

 

      Note: The amendments to section 5, chapter 904, Oregon Laws 2009, by section 79, chapter 747, Oregon Laws 2013, and section 154c, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      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.

 

      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, of the public universities with governing boards listed in section 3 of this 2013 Act [352.054] 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; 2013 c.768 §154d]

 

      Note: The amendments to section 9, chapter 904, Oregon Laws 2009, by section 154d, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      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.

 

      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 Higher Education Coordinating Commission shall determine by rule how moneys made available under section 9 (1)(a), chapter 615, Oregon Laws 2011, shall be allocated to universities listed in ORS 352.002. [2011 c.615 §8; 2013 c.768 §154e]

 

      Note: The amendments to section 8, chapter 615, Oregon Laws 2011, by section 154e, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      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.

      Sec. 11. (1) The project approvals and expenditure limitations established in section 9, chapter 615, Oregon Laws 2011, 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 and public universities with governing boards listed in section 3 of this 2013 Act [352.054] 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, chapter 615, Oregon Laws 2011, 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; 2013 c.768 §154f]

 

      Note: The amendments to section 11, chapter 615, Oregon Laws 2011, by section 154f, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      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.

 

      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]

 

(Temporary provisions relating to general obligation bonds authorized for public universities during the 2013-2015 biennium)

 

      Note: Sections 1, 5 and 6, chapter 705, Oregon Laws 2013, provide:

      Sec. 1. General obligation bonds, including bonds authorized for public universities. The amounts authorized, as provided by ORS 286A.035, for issuance of general obligation bonds of this state during the 2013-2015 biennium are as follows:

 

      GENERAL OBLIGATION BONDS

      General Fund Obligations

      (1)  Oregon University System

            (Art. XI-G):

      (a)  Oregon State University:

      (A) Strand Agricultural Hall

            deferred maintenance                       $              6,586,000

      (B) Biofuels Demonstration

            Project                                               $              4,000,000

      (C) Classroom Building and Quad         $            32,500,000

      (D) Cascades Campus Expansion           $              4,000,000

      (E) Chemistry, Biology and

            Environmental Engineering

            Building                                            $            20,000,000

      (b)  Portland State University:

      (A) School of Business                            $            10,000,000

      (B) Stott Center renovations

            and deferred maintenance                $            20,000,000

      (c)  University of Oregon:

      (A) Straub and Earl Halls

            classroom expansion                         $            11,000,000

      (B) Science Commons and

            Research Library                               $              8,375,000

      (d) Western Oregon University

            New College of Education

            Facility                                              $              1,400,000

      (2)  Department of Community

            Colleges and Workforce

            Development (Art. XI-G)                 $          125,081,600

      (3)  Department of Environmental

            Quality (Art. XI-H)                          $            10,000,000

      (4)  Oregon Business Development

            Department (Art. XI-M)                   $            15,000,000

      (5)  Oregon Business Development

            Department (Art. XI-N)                   $            15,000,000

      (6)  Oregon Department of

            Administrative

            Services (Art. XI-Q)                         $          426,052,000

      Dedicated Fund Obligations

      (7)  Department of Transportation

            (Art. XI, section 7)                           $          453,725,000

      (8)  Department of Veterans’

            Affairs (Art. XI-A)                           $            60,000,000

      (9)  Oregon University System

            (Art. XI-F(1)):

      (a)  Systemwide:

      (A) Capital renewal, code

            compliance and safety                      $              3,300,000

      (B) Commercial paper                             $            15,000,000

      (C) Student building fee

            projects                                              $            20,000,000

      (b)  Oregon Institute of

            Technology In Focus

            Building acquisition                          $            10,000,000

      (c)  Oregon State University:

      (A) Student Experience Center               $            42,700,000

      (B) New student residence hall               $            19,000,000

      (C) Memorial Union East

            Wing renovation                               $              9,177,500

      (D) Cascades campus expansion             $              4,000,000

      (E) Housing and dining

            facility upgrades                               $              9,500,000

      (d) Portland State University:

      (A) Stott Center renovations

            and deferred maintenance                $              2,000,000

      (B) Land acquisition                               $            10,000,000

      (e)  Southern Oregon University:

      (A) Cascade Hall replacement                 $              7,000,000

      (B) Student Recreation and

            Fitness Center                                   $            20,000,000

      (f)  University of Oregon:

      (A) Erb Memorial Union                         $            84,300,000

      (B) Student Recreation

            Center expansion and

            renovation                                         $            50,250,000

      (C) Housing expansion                            $            84,750,000

      (10)Water Resources Department

            (Art. XI-I(1))                                    $            10,235,000

      (11)Housing and Community

            Services Department

            (Art. XI-I(2))                                    $            25,000,000

      (12)State Department

            of Energy (Art. XI-J)                        $            60,000,000

      Total General Obligation

            Bonds                                                $       1,708,932,100

[2013 c.705 §1]

 

      Sec. 5. Purposes of general obligation bonds. (1) For purposes of Article XI-F(1), section 1, of the Oregon Constitution, the Legislative Assembly determines that the projects authorized to be financed pursuant to section 1 (9) of this 2013 Act with bonds issued under Article XI-F(1) of the Oregon Constitution, will benefit higher education institutions or activities.

      (2) For purposes of Article XI-G, section 1, of the Oregon Constitution, the Legislative Assembly determines that the projects authorized to be financed pursuant to section 1 (1) and (2) of this 2013 Act with bonds issued under Article XI-G of the Oregon Constitution, will benefit higher education institutions or activities or community colleges authorized by law to receive state aid. [2013 c.705 §5]

      Sec. 6. Matching fund requirement. Bonds authorized under section 1 (1) and (2) of this 2013 Act may not be issued until the constructing authority certifies to the State Treasurer that the constructing authority has matching funds available for the same or similar purposes as the Article XI-G bonds that will fund the grant or loan to the constructing authority, that the match funds are not proceeds of indebtedness incurred by the state under any article of the Oregon Constitution, and that the match funds are available to the constructing authority in an amount at least equal to the amount of Article XI-G bond proceeds that the constructing authority will receive. [2013 c.705 §6]

 

      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]

 

      351.365 Definitions for ORS 351.365 to 351.379. As used in ORS 351.365 to 351.379:

      (1) “Bond-related costs” means:

      (a) The costs of paying the principal of, the interest on and the premium, if any, on revenue bonds.

      (b) The costs and expenses of issuing, administering and maintaining revenue bonds, including, but not limited to, the costs and expenses of:

      (A) Redeeming revenue bonds.

      (B) Paying amounts due in connection with credit enhancement devices or agreements for exchange of interest rates.

      (C) Paying the fees, administrative costs and expenses of a university with a governing board related to revenue bonds, including, but not limited to, the costs of consultants, bond trustees, remarketing agents, escrow agents, arbitrage rebate consultants, calculation agents and advisers retained by the university.

      (c) The costs of funding reserves for the revenue bonds.

      (d) Capitalized interest for the revenue bonds.

      (e) Rebates or penalties due to the United States in connection with the revenue bonds.

      (f) Any other costs or expenses that a university with a governing board determines are necessary or desirable in connection with issuing and maintaining the revenue bonds.

      (2) “Credit enhancement device” means an agreement or contractual relationship between a university with a governing board and a bank, trust company, insurance company, surety bonding company, pension fund or other financial institution or entity providing additional credit on or security for a revenue bond.

      (3) “For the benefit of a university with a governing board” means, in relation to state bonds:

      (a) Before August 14, 2013, the portion of the proceeds of the state bonds that was used to finance property, projects or liabilities on behalf of the State Board of Higher Education and for the benefit of a university with a governing board in pursuing the purposes and missions of the university.

      (b) On or after August 14, 2013, the portion of the proceeds of the state bonds a university with a governing board is eligible to receive under ORS 351.369 to finance property, projects or liabilities on behalf of and for the benefit of a university with a governing board in pursuing the purposes and missions of the university.

      (4) “Obligation” means:

      (a) A revenue bond;

      (b) The commitment of a university with a governing board in connection with a credit enhancement device; or

      (c) An agreement for exchange of interest rates.

      (5) “Operative document” means a bond declaration, trust agreement, indenture, security agreement or other document in which a university with a governing board makes a pledge.

      (6) “Pledge” means:

      (a) To create a lien on revenue or property.

      (b) A lien created on revenue or property.

      (7) “Revenue” means tuition, fees, charges, rents, revenues, interest, dividends, receipts and other income of a university with a governing board, except moneys received by the university from taxes collected by the State of Oregon.

      (8) “Revenue bond”:

      (a) Means a contractual undertaking or instrument of a university with a governing board to repay borrowed moneys, which undertaking or instrument is secured by a pledge of all or part of the revenue of the university.

      (b) Does not mean a credit enhancement device or a state bond. [2013 c.768 §19]

 

      Note: 351.365 to 351.379 were enacted into law by the Legislative Assembly but were 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: Definitions in ORS 352.029 also apply to ORS 351.365 to 351.379.

 

      351.369 Eligibility of university with governing board to receive proceeds from state bonds; requirements; review by State Treasurer. (1) A university with a governing board may elect to remain eligible to receive proceeds of state bonds. If a university with a governing board requests the State Treasurer to issue state bonds for the benefit of the university with a governing board that are authorized under Article XI-F(1) or XI-Q of the Oregon Constitution or ORS 283.085 to 283.092, and the state bonds are intended to be repaid in whole or in part by university revenues or other moneys under the control of the university, the State Treasurer must review and approve all plans to issue revenue bonds of the university and to execute other obligations related to the revenue bonds.

      (2) The State Treasurer shall limit the scope of review and approval under subsection (1) of this section to consideration of periodic cash flow projections and other information necessary to determine the sufficiency of the cash flow of the university with a governing board to pay any loans from state agencies funded with the proceeds of state bonds and to pay costs for:

      (a) State bonds issued for the benefit of the university with a governing board pursuant to Article XI-F(1) or XI-Q of the Oregon Constitution or ORS 283.085 to 283.092; and

      (b) Revenue bonds issued pursuant to ORS 351.365 to 351.379.

      (3) A university with a governing board that issues revenue bonds of the university, or executes other obligations related to the revenue bonds, without the approval of the State Treasurer as provided in subsection (2) of this section is not eligible to receive proceeds of the state bonds described in subsection (1) of this section and that are intended to be repaid in whole or in part by university revenues or other moneys under the control of the university on or after August 14, 2013.

      (4) For the purposes of ORS chapter 286A, a university with a governing board has the powers and duties of a related agency as described in ORS 352.138 (10) with respect to state bonds that:

      (a) Were issued before August 14, 2013, for the benefit of a university with a governing board and that remain outstanding; and

      (b) Are authorized under ORS 286A.035 and issued on or after August 14, 2013, for the benefit of a university with a governing board. [2013 c.768 §20]

 

      Note: See first note under 351.365.

 

      Note: Definitions in ORS 352.029 also apply to ORS 351.365 to 351.379.

 

      351.370 [Repealed by 1981 c.660 §18]

 

      351.374 Issuance of bonds by university with governing board; use and limitations of security interests; character of bonds and obligations. (1) A university with a governing board:

      (a) May issue revenue bonds for any lawful purpose of the university in accordance with ORS chapter 287A.

      (b) May issue under ORS 287A.360 to 287A.380 refunding bonds of the same character and tenor as the revenue bonds replaced.

      (2) For the purposes of ORS 271.390 and ORS chapter 287A, a university with a governing board is a public body.

      (3) ORS 287A.150 does not apply to revenue bonds issued by a university with a governing board.

      (4) A university with a governing board:

      (a) May grant leases of real property held by a trustee or lender for a term that ends on the date on which all amounts due under the operative documents have been paid, or provision for payment has been made, or for a term of up to 20 years after the last scheduled payment under the operative documents, whichever is sooner. The leases may grant the trustee or lender the right to evict the university and exclude the university from possession of the real property for the term of the lease if the university fails to pay when due the amounts scheduled to be paid under the operative documents or otherwise defaults under the operative documents. Upon default, the trustee or lender may sublease the real property to third parties and apply any rents to payments scheduled to be made under the operative documents.

      (b) May not mortgage, pledge or grant a security interest in, or otherwise encumber, real or personal property that has been pledged or leased to provide security for, or acquired, constructed, improved with, or otherwise directly benefited by, the proceeds of outstanding state bonds, except as provided in ORS 352.113 (3).

      (5) Revenue bonds and other obligations authorized by this section:

      (a) Are revenue bonds or obligations of a political subdivision of the State of Oregon.

      (b) Are not an indebtedness or obligation of the State of Oregon and are not a charge upon revenue or property of the State of Oregon, except as provided in subsection (4) of this section.

      (c) Are not a charge upon any revenue or property of a university with a governing board unless the revenue or property is pledged to secure the revenue bonds or other obligations.

      (d) Are not payable from, and may not be secured by a pledge of or lien on, any amounts a university with a governing board is required to:

      (A) Deposit with the State Treasurer pursuant to ORS 352.135 (2); or

      (B) Pay to the State Treasurer pursuant to a schedule described in ORS 351.379. [2013 c.768 §21]

 

      Note: See first note under 351.365.

 

      Note: Definitions in ORS 352.029 also apply to ORS 351.365 to 351.379.

 

      351.379 Repayment of outstanding state bonds and other obligations by university with governing board; provision of cash flow projections to State Treasurer; agreement between university with governing board and State Treasurer. (1) ORS 351.365 to 351.379 do not impair the obligations, as defined in ORS 286A.100, or agreements of the State of Oregon or the State Board of Higher Education with respect to state bonds issued before August 14, 2013, for the benefit of a university with a governing board.

      (2) A university with a governing board and the Oregon University System shall take all actions necessary to ensure full compliance with the operative documents executed with respect to state bonds issued before, on or after August 14, 2013, by the State Treasurer for the benefit of the university with a governing board.

      (3) The State Treasurer and the Oregon University System shall promptly provide a university that acquires a governing board with a schedule of outstanding state bonds and other obligations for which the university must pay, including the payment dates and amounts, or methods for determining the amounts. The schedule must include amounts sufficient to pay principal, interest and premium, if any, on the state bonds, and to pay administrative and other costs of the State of Oregon that are related to the state bonds or other obligations. If the State Treasurer issues state bonds for the benefit of a university with a governing board on or after August 14, 2013, that are intended to be repaid in whole or in part by university revenues or other moneys under the control of the university, the schedule shall be amended to include such state bonds and the amounts to be paid by the university. In the absence of manifest error, the schedule provided by the State Treasurer and the Oregon University System to a university with a governing board is binding on the university. The university with a governing board shall pay the amounts specified in the schedule provided by the State Treasurer and the Oregon University System on or before the dates specified in the schedule from the legally available revenue of the university and on a pari passu basis with the payment of any revenue bonds of the university issued pursuant to ORS 351.374.

      (4) At the request of the State Treasurer, a university with a governing board shall provide the State Treasurer with periodic cash flow projections and other information that allow the State Treasurer to review and approve the sufficiency of the university’s cash flow to pay amounts specified in the schedule described in subsection (3) of this section and to pay amounts owed under loans from state agencies that were funded with the proceeds of state bonds.

      (5) Moneys deposited with the State Treasurer, the Controller of the Oregon University System or the Oregon Department of Administrative Services in a debt service reserve account or otherwise for the portion of the debt service associated with obligations entered into before August 14, 2013, for the benefit of a university with a governing board must remain with the State Treasurer, the Controller of the Oregon University System or the Oregon Department of Administrative Services until the obligations have been retired or defeased. Earnings on moneys described in this subsection must be credited to the account or fund in which the moneys are held.

      (6) The principal, interest, premium, if any, and any issuance costs of state bonds issued before, on or after August 14, 2013, for the benefit of a university with a governing board, and any related credit enhancement device or interest rate exchange agreement, shall be paid from the sources identified in the laws and operative documents authorizing the state bonds. The university with a governing board for which the state bonds were issued shall pay any other expenses and liabilities, including, but not limited to, legal expenses arising from an inquiry, audit or other action by a federal or state regulatory body, unless the expense or liability results solely from the negligence or willful misconduct of a state agency.

      (7) Pursuant to ORS chapter 180, on behalf of the State Treasurer or any other state agency, the Attorney General shall appear, commence, prosecute or defend any action, suit, matter, cause or proceeding arising from any state bond issued for the benefit of a university with a governing board and any related credit enhancement device or interest rate exchange agreement. As soon as practicable after a governing board is established by a university pursuant to ORS 352.054, the university with a governing board and the State Treasurer shall enter into an agreement that addresses reimbursement of reasonable costs and expenses associated with the legal representation of the State Treasurer in connection with state bonds issued for the benefit of the university with a governing board before, on or after August 14, 2013, and any other topic necessary for the Department of Justice to provide legal representation to the State Treasurer in connection with state bonds issued for the benefit of the university with a governing board and to provide representation related to funds and accounts or services provided under ORS 352.135.

      (8) A university with a governing board shall assume responsibility, in accordance with agreements entered into with the Department of Justice and the State Treasurer, for the indemnity and defense of university officers, agents and employees with regard to, as applicable, claims asserted and actions commenced in connection with state bonds issued for the benefit of the university with a governing board. [2013 c.768 §23]

 

      Note: See first note under 351.365.

 

      Note: Definitions in ORS 352.029 also apply to ORS 351.365 to 351.379.

 

      351.380 [Amended by 1957 c.703 §3; repealed by 1981 c.660 §18]

 

      351.390 [Repealed by 1981 c.660 §18]

 

      351.400 [Repealed by 1981 c.660 §18]

 

      351.410 [Amended by 1975 c.462 §4; repealed by 1981 c.660 §18]

 

      351.420 [Repealed by 1981 c.660 §18]

 

      351.430 [Amended by 1957 c.703 §4; 1969 c.213 §1; repealed by 1981 c.660 §18]

 

      351.440 Sale to State of Oregon or United States Government. The bonds may be sold to the State of Oregon or to the United States Government without advertisement thereof for public sale. [Amended by 1957 c.703 §5; 1981 c.94 §31; 1981 c.660 §27]

 

      351.450 Account for net proceeds of Article XI-F(1) and Article XI-G bonds. (1) Except as provided in ORS 351.460, the net proceeds realized from sales of bonds authorized by Article XI-F(1) and Article XI-G of the Oregon Constitution for the Oregon University System shall be credited to a designated account in the Oregon University System Fund established by ORS 351.506.

      (2) The account designated by this section shall have:

      (a) A separate subaccount for the credit of net proceeds realized from sales of bonds issued pursuant to Article XI-F(1) of the Oregon Constitution and ORS 351.350; and

      (b) A separate subaccount for the credit of net proceeds realized from sales of bonds issued pursuant to Article XI-G of the Oregon Constitution and ORS 351.345.

      (3) The moneys in the account designated by this section shall be invested as provided in ORS 286A.025. [Amended by 1953 c.214 §2; 1957 c.703 §6; 1963 c.584 §6; 1981 c.660 §28; 1995 c.110 §2; 2003 c.14 §157; 2005 c.755 §24; 2007 c.783 §150; 2009 c.762 §10; 2011 c.2 §6; 2011 c.637 §52]

 

      351.455 Deposit of proceeds of Article XI-F(1) and Article XI-G bonds in subaccount. (1) Proceeds of bonds issued pursuant to Article XI-F(1) of the Oregon Constitution and interest earnings on those proceeds shall be deposited in the appropriate subaccount of the account designated by ORS 351.450 and expended for the purposes described in Article XI-F(1) of the Oregon Constitution, including payment of costs related to issuing those bonds and debt service on those bonds.

      (2) Proceeds of bonds issued pursuant to Article XI-G of the Oregon Constitution for the Oregon University System and interest earnings on those proceeds shall be deposited in the appropriate subaccount of the account designated by ORS 351.450 and expended for the purposes described in Article XI-G of the Oregon Constitution, including payment of costs related to issuing those bonds and debt service on those bonds. [1991 c.647 §4; reenacted by 1993 c.538 §3; 1995 c.110 §3; 2007 c.783 §151; 2009 c.762 §11; 2011 c.2 §7]

 

      Note: 351.455 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.

 

      351.456 [1999 c.890 §4; repealed by 2009 c.762 §98]

 

      351.460 Account for payment of principal and interest of Article XI-F(1) and Article XI-G bonds and financial agreements. (1) The State Board of Higher Education shall maintain an account within the Oregon University System Fund established by ORS 351.506 to provide for the payment of the principal of and the interest upon:

      (a) The bonds issued under authority of Article XI-F(1) of the Oregon Constitution and ORS 351.350;

      (b) The bonds issued under authority of Article XI-G of the Oregon Constitution and ORS 351.345; and

      (c) Amounts due under financial agreements entered into under ORS 351.356.

      (2) The account maintained under this section comprises one subaccount for each of the purposes of the account identified in subsection (1) of this section.

      (3) Income and interest derived from moneys in the subaccounts of the account maintained under this section are credited to the appropriate subaccount.

      (4) The sources of moneys for the account maintained under this section are:

      (a) All moneys received from ad valorem taxes levied pursuant to ORS 291.445;

      (b) All moneys that the Legislative Assembly may provide in lieu of ad valorem taxes;

      (c) The revenues transferred to the account maintained under this section pursuant to subsection (6) of this section;

      (d) All moneys received as accrued interest upon bonds sold;

      (e) All earnings from investments of the account;

      (f) Net proceeds of the sale of refunding bonds; and

      (g) All moneys that the State of Oregon has agreed to hold in the account to pay amounts due under financial agreements entered into under ORS 351.356.

      (5) The board may credit the account maintained under this section with moneys received from either a sale or interfund transfer of buildings, structures, land or other projects. When the buildings, structures, land or other projects are sold or the use of the buildings, structures, land or other projects is rededicated so that a transfer from one subaccount to another subaccount is appropriate, the moneys received shall be credited to the appropriate subaccount.

      (6)(a) The board shall transfer revenues to the account maintained under this section in amounts sufficient to pay, when due, the principal of and the interest and any premium upon the bonds issued under authority of Article XI-F(1) of the Oregon Constitution. Revenues not required for the account as described in this subsection shall be transferred to other accounts and subaccounts within the Oregon University System Fund that are designated by the Chancellor of the Oregon University System. The portion of student building fees that are imposed under ORS 351.170 to provide the funds with which to amortize the principal of and pay the interest on bonds issued under Article XI-F(1) of the Oregon Constitution shall be applied only to pay those bonds.

      (b) For purposes of this subsection, “revenues” includes all funds available to the board except:

      (A) Amounts appropriated by the Legislative Assembly from the General Fund; and

      (B) Lottery funds allocated for debt service.

      (7)(a) The board may not use the account maintained under this section for any purpose other than the purposes for which the account was created.

      (b) Notwithstanding paragraph (a) of this subsection, if the balance in any subaccount exceeds the amount required to pay debt service during a fiscal period, the board may transfer the surplus in the subaccount to other accounts in the Oregon University System Fund. This paragraph does not apply to any surplus consisting of General Fund moneys appropriated for debt service or lottery funds allocated for debt service. Any surplus consisting of General Fund moneys appropriated for debt service shall revert to the General Fund as provided in ORS 293.190. [Amended by 1963 c.584 §7; 1969 c.513 §1; 1973 c.809 §1; 1981 c.660 §29; 1989 c.311 §2; 1991 c.220 §10; 1995 c.110 §4; 2003 c.14 §158; 2005 c.755 §25; 2007 c.767 §3; 2007 c.783 §152; 2009 c.762 §12; 2011 c.2 §8; 2011 c.637 §54]

 

      351.470 [1957 c.703 §8; 1963 c.584 §8; 1995 c.110 §5; 2007 c.783 §152a; 2009 c.762 §13; repealed by 2011 c.2 §66]

 

      351.473 Definitions for ORS 351.473 to 351.485. As used in ORS 351.473 to 351.485:

      (1) “Bond-related costs” means:

      (a) The costs and expenses of issuing, administering and maintaining higher education revenue bonds including, but not limited to, the costs of:

      (A) Paying or redeeming higher education revenue bonds.

      (B) Paying amounts due in connection with credit enhancement devices or agreements for exchange of interest rates.

      (C) Paying the fees, administrative costs and expenses of the State Treasurer and the Oregon University System, including the costs of consultants or advisers retained by the State Treasurer or the Chancellor of the Oregon University System, for the higher education revenue bonds.

      (b) The costs of funding reserves for the higher education revenue bonds.

      (c) Capitalized interest for the higher education revenue bonds.

      (d) Rebates or penalties due to the United States in connection with the higher education revenue bonds.

      (e) Any other costs or expenses that the State Treasurer or the chancellor determines are necessary or desirable in connection with issuing and maintaining the higher education revenue bonds.

      (2) “Higher education revenue bonds” means revenue bonds issued pursuant to ORS 351.476.

      (3) “Higher education revenues” includes:

      (a) Tuition, fees and charges imposed or collected by the Oregon University System, or by one of the public universities in the system; and

      (b) Moneys appropriated, allocated or otherwise made available to the Oregon University System, or to one of its universities, by the Legislative Assembly, if those moneys are lawfully available to pay the bond-related costs of higher education revenue bonds. [2011 c.637 §24]

 

      Note: 351.473 to 351.485 were enacted into law by the Legislative Assembly but were 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.

 

      351.476 Higher education revenue bonds. (1) In addition to and not in lieu of bonds authorized pursuant to ORS 286A.035, at the request of the Chancellor of the Oregon University System, the State Treasurer may issue, as provided in ORS chapter 286A, higher education revenue bonds, the net proceeds of which must be used to:

      (a) Finance projects that the State Board of Higher Education determines will assist the Oregon University System in carrying out its statutory powers;

      (b) Refund bonds issued for the projects; and

      (c) Pay bond-related costs.

      (2)(a) Before pledging all or a portion of higher education revenues, pursuant to ORS 286A.102, to secure higher education revenue bonds, higher education credit enhancement devices or agreements for exchange of interest rates related to such revenue bonds or credit enhancement devices, the chancellor shall reserve sufficient funds each biennium to satisfy any payment or reserve requirements relating to:

      (A) General obligation bonds or certificates of participation issued for the benefit of the Oregon University System;

      (B) Credit enhancement devices or agreements for exchange of interest rates entered into in connection with obligations related to general obligation bonds or certificates of participation issued for the benefit of the Oregon University System; and

      (C) Loans to the Oregon University System funded by state general obligation bonds.

      (b) Pursuant to ORS 286A.010, the Oregon University System shall provide cash flow projections and other information requested by the State Treasurer to determine the sufficiency of higher education revenues to satisfy the requirements of paragraph (a) of this subsection and any proposed revenue bonds.

      (c) For purposes of the issuance of bonds and ORS chapter 286A, the Oregon University System shall be considered a related agency as defined in ORS 286A.001 (9).

      (d) The chancellor shall identify the specific higher education revenues that will be pledged to secure each series of higher education revenue bonds and specify the status of the lien of each pledge.

      (3) The chancellor may enter into covenants, pursuant to ORS 286A.025 (4)(c), on behalf of the State of Oregon for the benefit of holders of higher education revenue bonds, providers of credit enhancement for higher education revenue bonds and counterparties to agreements for exchange of interest rates to:

      (a) Adjust the rates, charges or fees that produce higher education revenues so that higher education revenues equal or exceed specified levels during specified periods.

      (b) Create only those pledges or liens on higher education revenues that are permitted by the covenants authorized by this section.

      (c) Budget and apply higher education revenues, or otherwise allow higher education revenues to be applied, in amounts that, when added to other moneys lawfully available for the purpose, will be sufficient:

      (A) To pay in full and when due the principal, interest and premium on outstanding higher education revenue bonds;

      (B) To pay amounts due in connection with agreements for exchange of interest rates and credit enhancement devices for higher education revenue bonds; and

      (C) To maintain the balance required by covenants in any debt service reserves established for the higher education revenue bonds.

      (4) The chancellor shall operate the properties of the Oregon University System in compliance with the higher education revenue bond covenants until all higher education revenue bonds are paid or defeased.

      (5) Higher education revenue bonds are not a general obligation of the State of Oregon, and neither the full faith and credit nor the taxing power of the State of Oregon may be pledged to secure or pay the higher education revenue bonds.

      (6) The State Treasurer and the Oregon University System do not have an obligation to pay bond-related costs except as provided in ORS 351.473 to 351.485. A holder of higher education revenue bonds issued under this section does not have the right to compel the exercise of the taxing power of the State of Oregon to pay bond-related costs.

      (7) As long as any higher education revenue bonds issued under this section are outstanding, covenants related to the higher education revenue bonds are deemed to be contracts between the State of Oregon and holders of the higher education revenue bonds. The State of Oregon may not give force or effect to a statute or initiative or referendum measure approved by the electors of this state if doing so would unconstitutionally impair existing covenants made with the holders of existing higher education revenue bonds or would unconstitutionally impair other obligations or agreements regarding the security of higher education revenue bonds to which the moneys deposited in the accounts established by ORS 351.479, 351.482 and 351.485 are pledged and assigned.

      (8) The principal, interest and any premium and any issuance costs on a financing agreement under ORS 283.085 to 283.092, any general obligation bond, any revenue bond and any related credit enhancement device or interest rate exchange agreement shall be paid from the sources specified in the laws and documents authorizing the financing agreement, bond, credit enhancement device or interest rate exchange agreement. The Oregon University System shall pay any other expenses and liabilities, including but not limited to legal expenses, costs of settling claims, judgments, federal arbitrage rebates and penalties and expenses arising from an inquiry, audit or other action by a federal or state regulatory body, unless the expense or liability results solely from the negligence or willful misconduct of a state agency.

      (9) Pursuant to ORS chapter 180, on behalf of the State Treasurer or any other state agency, the Attorney General shall appear, commence, prosecute or defend any action, suit, matter, cause or proceeding arising from any financing agreement under ORS 283.085 to 283.092, any bond issued for the benefit of the Oregon University System and any related credit enhancement device or interest rate exchange agreement. [2011 c.637 §25; 2013 c.766 §2]

 

      Note: See note under 351.473.

 

      351.479 Higher education revenue bond account for bond proceeds. An account in the Oregon University System Fund established by ORS 351.506 is designated for the purposes described in ORS 351.476 (1). The account consists of net proceeds of higher education revenue bonds issued under ORS 351.476 and other moneys made available for the purposes described in ORS 351.476 (1). Moneys in the account may be invested as provided in ORS 293.701 to 293.857, and interest earned by the account must be credited to the account. Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in ORS 351.476 (1). [2011 c.637 §26]

 

      Note: See note under 351.473.

 

      351.480 [Amended by 1963 c.584 §9; repealed by 1991 c.220 §15]

 

      351.482 Higher education revenue bond account for payment of interest, principal and premiums. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purposes of paying, when due, the principal of, the interest on and the premium, if any, on outstanding higher education revenue bonds. Moneys in the account may be invested as provided in ORS 293.701 to 293.857, and interest earned by the account must be credited to the account. Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in this section.

      (2) The Oregon University System shall deposit in the account:

      (a) Capitalized or accrued interest on higher education revenue bonds;

      (b) Amounts appropriated or otherwise made available by the Legislative Assembly for deposit in the account; and

      (c) Reserves established for the payment of higher education revenue bonds. [2011 c.637 §27]

 

      Note: See note under 351.473.

 

      351.485 Higher education revenue bond account for payment of bond-related costs. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of paying bond-related costs under ORS 351.473 to 351.485. Moneys in the account may be invested as provided in ORS 293.701 to 293.857, and interest earned by the account must be credited to the account. Moneys in the account are continuously appropriated to the Oregon University System for payment of bond-related costs under ORS 351.473 to 351.485.

      (2) The Oregon University System shall deposit in the account:

      (a) Proceeds of higher education revenue bonds that were issued to pay bond-related costs; and

      (b) Amounts appropriated or otherwise made available by the Legislative Assembly for deposit in the account. [2011 c.637 §28]

 

      Note: See note under 351.473.

 

      351.490 [Amended by 1963 c.584 §10; renumbered 351.505 in 1995]

 

      351.495 [1993 c.538 §4; renumbered 351.512 (1) in 1995]

 

      351.500 Repealed statutes continued effective until bonds redeemed. Outstanding bonds issued under article 3, chapter 36, title 111, O.C.L.A., and chapter 41, title 111, O.C.L.A., shall continue to be valid obligations until they are redeemed in full, and authority granted in connection with said bonds shall continue in effect until they have been so redeemed.

(Federal Funds)

 

      351.505 Federal aid; donations; acceptance and use. The State Board of Higher Education may, in its discretion, accept financial assistance and grants, either in the form of money or labor, from the United States or any of its agencies, subject to the terms and conditions thereof, regardless of any laws of this state in conflict with the regulations of the federal government with respect thereto, and may also accept from others any donation or grant of land or gift of money or other valuable gift or thing, for any of the purposes contemplated by Article XI-F(1) and Article XI-G of the Oregon Constitution, ORS 351.160 to 351.190, 351.345 to 351.460, 351.500 and 351.505. Unless enjoined by the terms or conditions of any such gift or grant, the board may convert the same, or any of them, into money, through sale or disposal thereof. [Formerly 351.490]

 

(Funds and Accounts)

 

      351.506 Oregon University System Fund. (1) The Oregon University System Fund is established in the State Treasury, separate and distinct from the General Fund. Any interest or other investment income derived from moneys in the Oregon University System Fund is credited to the fund.

      (2) Except for moneys otherwise designated by statute or federal law, all moneys received by the State Board of Higher Education or the Oregon University System shall be paid into the State Treasury and credited to the Oregon University System Fund. All moneys in the fund are continuously appropriated to the State Board of Higher Education for purposes authorized by law.

      (3) The moneys in the Oregon University System Fund may be invested as provided in ORS 293.701 to 293.857.

      (4) The board may establish accounts and subaccounts within the Oregon University System Fund when the board determines that accounts or subaccounts are necessary or desirable. Except when otherwise specified by a statute establishing an account, the board may credit any interest or income derived from moneys in the fund to any account or subaccount within the fund.

      (5) The board shall keep a record of all moneys deposited into the Oregon University System Fund. The record shall indicate by separate cumulative accounts and subaccounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [2009 c.762 §3; 2011 c.637 §55]

 

      Note: 351.506 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: Sections 11 to 17, chapter 761, Oregon Laws 2007, provide:

      Sec. 11. Western Oregon University Business, Math and Computer Science Facility Project Account. (1) There is established in the General Fund an account to be known as the Western Oregon University Business, Math and Computer Science Facility Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Western Oregon University.

      (2) The account shall consist of proceeds from lottery bonds, grant funds, gift funds, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2007 c.761 §11; 2009 c.762 §91; 2011 c.2 §30]

      Sec. 12. Oregon State University Pauling Research and Education Building Account. (1) There is established in the General Fund an account to be known as the Oregon State University Pauling Research and Education Building Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for the Pauling Research and Education Building at the Oregon State University.

      (2) The account shall consist of grant funds, gift funds, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Pauling Research and Education Building project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $31,256,035 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the Pauling Research and Education Building project described in subsection (1) of this section. [2007 c.761 §12; 2009 c.762 §92; 2011 c.2 §31]

      Sec. 13. Portland State University Science Research and Teaching Center and Hazardous Waste Facility Account. (1) There is established in the General Fund an account to be known as the Portland State University Science Research and Teaching Center and Hazardous Waste Facility Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a Science Research and Teaching Center and Hazardous Waste Facility Phase I at Portland State University.

      (2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to Portland State University for the purpose of the center and facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $7,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to Portland State University and may be transferred to the account designated by the university for the center and facility project described in subsection (1) of this section. [2007 c.761 §13; 2009 c.2 §5; 2009 c.762 §93; 2011 c.2 §32; 2013 c.768 §156]

 

      Note: The amendments to section 13, chapter 761, Oregon Laws 2007, by section 156, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 13. (1) There is established in the General Fund an account to be known as the Portland State University Science Research and Teaching Center and Hazardous Waste Facility Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a Science Research and Teaching Center and Hazardous Waste Facility Phase I at Portland State University.

      (2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the center and facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $7,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the center and facility project described in subsection (1) of this section.

 

      Sec. 14. University of Oregon Integrative Science Complex, Phase 2 Account. (1) There is established in the General Fund an account to be known as the University of Oregon Integrative Science Complex, Phase 2 Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an Interactive Science Complex, Phase 2 at the University of Oregon.

      (2) The account shall consist of grant funds, gift funds, federal and local government funds made available to and funds donated to the University of Oregon for the purpose of the Interactive Science Complex, Phase 2 project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $30,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the University of Oregon and may be transferred to the account designated by the university for the Interactive Science Complex, Phase 2 project described in subsection (1) of this section. [2007 c.761 §14; 2009 c.762 §94; 2011 c.2 §33; 2013 c.768 §157]

 

      Note: The amendments to section 14, chapter 761, Oregon Laws 2007, by section 157, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 14. (1) There is established in the General Fund an account to be known as the University of Oregon Integrative Science Complex, Phase 2 Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an Interactive Science Complex, Phase 2 at the University of Oregon.

      (2) The account shall consist of grant funds, gift funds, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Interactive Science Complex, Phase 2 project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $30,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the Interactive Science Complex, Phase 2 project described in subsection (1) of this section.

 

      Sec. 15. University of Oregon Hayward Field Account. (1) There is established in the General Fund an account to be known as the University of Oregon Hayward Field Account. Funds in the account shall be used for the purposes described in Article XI-G of the Oregon Constitution at Hayward Field at the University of Oregon.

      (2) The account shall consist of funds received from not-for-profit organizations, grant funds, gift funds, federal and local government funds made available to and funds donated to the University of Oregon for the purpose of the Hayward Field project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the University of Oregon and may be transferred to the account designated by the university for the purposes described in subsection (1) of this section. [2007 c.761 §15; 2009 c.762 §95; 2011 c.2 §34; 2013 c.768 §158]

 

      Note: The amendments to section 15, chapter 761, Oregon Laws 2007, by section 158, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 15. (1) There is established in the General Fund an account to be known as the University of Oregon Hayward Field Account. Funds in the account shall be used for the purposes described in Article XI-G of the Oregon Constitution at Hayward Field at the University of Oregon.

      (2) The account shall consist of funds received from not-for-profit organizations, grant funds, gift funds, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Hayward Field project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the purposes described in subsection (1) of this section.

 

      Sec. 16. Oregon Institute of Technology Center for Health Professions Account. (1) There is established in the General Fund an account to be known as the Oregon Institute of Technology Center for Health Professions Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a Center for Health Professions project for the Oregon Institute of Technology.

      (2) The account shall consist of grant funds, gift funds, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Center for Health Professions project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $9,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the Center for Health Professions project described in subsection (1) of this section. [2007 c.761 §16; 2008 c.15 §14; 2009 c.762 §96; 2011 c.2 §35]

      Sec. 17. Portland State University Science PCAT Redevelopment Account. (1) There is established in the General Fund an account to be known as the Portland State University Science PCAT Redevelopment Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities on the current site of the Portland Center for Advanced Technology at Portland State University.

      (2) The account shall consist of grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to Portland State University for the purpose of the project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $10,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to Portland State University and may be transferred to the account designated by the university for the project described in subsection (1) of this section. [2007 c.761 §17; 2009 c.762 §97; 2011 c.2 §36; 2013 c.768 §159]

 

      Note: The amendments to section 17, chapter 761, Oregon Laws 2007, by section 159, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 17. (1) There is established in the General Fund an account to be known as the Portland State University Science PCAT Redevelopment Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities on the current site of the Portland Center for Advanced Technology at Portland State University.

      (2) The account shall consist of grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $10,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the project described in subsection (1) of this section.

 

      Note: Sections 6 and 7, chapter 2, Oregon Laws 2009, provide:

      Sec. 6. Western Oregon University Classroom and Office Building Account. (1) There is established in the General Fund an account to be known as the Western Oregon University Classroom and Office Building Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for classroom and office space at Western Oregon University.

      (2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the classroom and office space project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $3,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the classroom and office space project described in subsection (1) of this section. [2009 c.2 §6; 2011 c.2 §37; 2011 c.9 §37]

      Sec. 7. Oregon Institute of Technology Owens Hall Deferred Maintenance Account. (1) There is established in the General Fund an account to be known as the Oregon Institute of Technology Owens Hall Deferred Maintenance Account. Funds in the account shall be used for the purposes described in Article XI-G of the Oregon Constitution at Owens Hall at the Oregon Institute of Technology.

      (2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $1,444,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the purposes described in subsection (1) of this section. [2009 c.2 §7; 2011 c.2 §38; 2011 c.9 §38]

 

      Note: Sections 14 to 16 and 18 to 24, chapter 904, Oregon Laws 2009, provide:

      Sec. 14. South Waterfront Life Sciences Facility Project Account. (1) There is established in the General Fund an account to be known as the South Waterfront Life Sciences Facility Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project located in the South Waterfront Central District in the North Macadam Urban Renewal Area in the City of Portland.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $50,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §14; 2011 c.2 §42; 2011 c.9 §39]

      Sec. 15. Oregon State University Biofuels Demonstration Project Account. (1) There is established in the General Fund an account to be known as the Oregon State University Biofuels Demonstration Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Oregon State University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $4,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §15; 2011 c.2 §43; 2011 c.9 §40]

      Sec. 16. Eastern Oregon University Zabel Hall Deferred Maintenance Project Account. (1) There is established in the General Fund an account to be known as the Eastern Oregon University Zabel Hall Deferred Maintenance Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Eastern Oregon University.

      (2) The account shall consist of proceeds from lottery bonds made available to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $1,522,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §16; 2011 c.2 §44; 2011 c.9 §41]

      Sec. 18. Oregon Institute of Technology Geothermal Renewable Energy Demonstration Project Account. (1) There is established in the General Fund an account to be known as the Oregon Institute of Technology Geothermal Renewable Energy Demonstration Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at the Oregon Institute of Technology.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §18; 2011 c.2 §46; 2011 c.9 §43]

      Sec. 19. Oregon State University Strand Agriculture Hall Deferred Maintenance Project Account. (1) There is established in the General Fund an account to be known as the Oregon State University Strand Agriculture Hall Deferred Maintenance Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Oregon State University.

      (2) The account shall consist of proceeds from lottery bonds made available to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $6,586,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §19; 2011 c.2 §47; 2011 c.9 §44]

      Sec. 20. Oregon State University Bates Hall/Hallie Ford Healthy Children and Families Center Project Account. (1) There is established in the General Fund an account to be known as the Oregon State University Bates Hall/Hallie Ford Healthy Children and Families Center Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Oregon State University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $5,000,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §20; 2010 c.99 §8; 2011 c.2 §48]

      Sec. 21. Oregon State University Student Success Center Project Account. (1) There is established in the General Fund an account to be known as the Oregon State University Student Success Center Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Oregon State University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,054,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §21; 2011 c.2 §49; 2011 c.9 §45]

      Sec. 22. Portland State University Science Research and Teaching Center/Hazardous Waste Facility Phase 2 Project Account. (1) There is established in the General Fund an account to be known as the Portland State University Science Research and Teaching Center/Hazardous Waste Facility Phase 2 Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Portland State University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to Portland State University for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to Portland State University and may be transferred to the account designated by the university for the facility project described in subsection (1) of this section. [2009 c.904 §22; 2011 c.2 §50; 2011 c.9 §46; 2013 c.768 §160]

 

      Note: The amendments to section 22, chapter 904, Oregon Laws 2009, by section 160, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 22. (1) There is established in the General Fund an account to be known as the Portland State University Science Research and Teaching Center/Hazardous Waste Facility Phase 2 Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Oregon State University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $2,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section.

 

      Sec. 23. Southern Oregon University Theatre Arts Expansion and Remodel Project Account. (1) There is established in the General Fund an account to be known as the Southern Oregon University Theatre Arts Expansion and Remodel Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at Southern Oregon University.

      (2) The account shall consist of proceeds from grant funds, gift funds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $5,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section. [2009 c.904 §23; 2011 c.2 §51; 2011 c.9 §47]

      Sec. 24. University of Oregon Allen Hall Expansion and Remodel Project Account. (1) There is established in the General Fund an account to be known as the University of Oregon Allen Hall Expansion and Remodel Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at the University of Oregon.

      (2) The account shall consist of proceeds from grant funds and gift funds made available to and funds donated to the University of Oregon for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $7,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the University of Oregon and may be transferred to the account designated by the university for the facility project described in subsection (1) of this section. [2009 c.904 §24; 2011 c.2 §52; 2011 c.9 §48; 2013 c.768 §161]

 

      Note: The amendments to section 24, chapter 904, Oregon Laws 2009, by section 161, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 24. (1) There is established in the General Fund an account to be known as the University of Oregon Allen Hall Expansion and Remodel Project Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a facility project at the University of Oregon.

      (2) The account shall consist of proceeds from grant funds and gift funds made available to and funds donated to the Oregon University System for the purpose of the facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $7,500,000 for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the facility project described in subsection (1) of this section.

 

      351.507 Oregon State University Animal Sciences Pavilion Account. (1) There is established in the General Fund an account to be known as the Oregon State University Animal Sciences Pavilion Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an animal sciences education and research pavilion at Oregon State University.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the animal sciences pavilion project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $4,000,000 in interest, donations and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the animal sciences pavilion project described in subsection (1) of this section. [2005 c.787 §14; 2009 c.762 §13a; 2011 c.2 §53]

 

      Note: 351.507, 351.508, 351.517 and 351.518 were enacted into law by the Legislative Assembly but were 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.

 

      351.508 Oregon State University Steam Plant Account. (1) There is established in the General Fund an account to be known as the Oregon State University Steam Plant Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for a steam plant at Oregon State University.

      (2) The account shall consist of grant funds, loan funds, business energy tax credit proceeds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the steam plant project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $12,000,000 in interest, donations, grant funds, loan funds, tax credit proceeds and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the steam plant project described in subsection (1) of this section. [2005 c.787 §13; 2009 c.762 §13b; 2011 c.2 §54]

 

      Note: See note under 351.507.

 

      351.509 Portland State University Center for Nanoscience and Nanotechnology Account. (1) There is established in the General Fund an account to be known as the Portland State University Center for Nanoscience and Nanotechnology Account. Funds in the account shall be used for the acquisition and expansion of microscopy and materials characterization facilities at Portland State University related to a signature research center.

      (2) The account shall consist of proceeds from lottery bonds made available to Portland State University for the purpose of the Portland State University center for nanoscience and nanotechnology project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to Portland State University for the center for nanoscience and nanotechnology project described in subsection (1) of this section. The account may not be credited with more than $500,000 in interest and proceeds from lottery bonds. [2003 c.725 §9; 2011 c.2 §55; 2013 c.768 §61]

 

      Note: The amendments to 351.509 by section 61, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.509. (1) There is established in the General Fund an account to be known as the Portland State University Center for Nanoscience and Nanotechnology Account. Funds in the account shall be used for the acquisition and expansion of microscopy and materials characterization facilities at Portland State University related to a signature research center.

      (2) The account shall consist of proceeds from lottery bonds made available to the Oregon University System for the purpose of the Portland State University center for nanoscience and nanotechnology project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the center for nanoscience and nanotechnology project described in subsection (1) of this section. The account may not be credited with more than $500,000 in interest and proceeds from lottery bonds.

 

      Note: 351.509, 351.519, 351.532 and 351.628 were enacted into law by the Legislative Assembly but were 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.

 

      351.510 [Amended by 1957 c.703 §7; 1963 c.584 §11; repealed by 1967 c.454 §119]

 

      351.511 Portland State University Northwest Engineering Science Center Phase I Account. (1) There is established in the General Fund an account to be known as the Portland State University Northwest Engineering Science Center Phase I Account. Funds in the account shall be used for acquisition or construction of an engineering science center at Portland State University.

      (2) The account shall consist of federal and local government funds made available to and funds donated to Portland State University for the purpose of the Portland State University Northwest Engineering Science Center Phase I project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to Portland State University for the purposes described in subsection (1) of this section. The account may not be credited with more than $26,500,000 in interest, donations and federal and local government funds for purposes of this subsection. [2001 c.845 §8; 2003 c.674 §11; 2011 c.2 §56; 2013 c.768 §62]

 

      Note: The amendments to 351.511 by section 62, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.511. (1) There is established in the General Fund an account to be known as the Portland State University Northwest Engineering Science Center Phase I Account. Funds in the account shall be used for acquisition or construction of an engineering science center at Portland State University.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Portland State University Northwest Engineering Science Center Phase I project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in subsection (1) of this section. The account may not be credited with more than $26,500,000 in interest, donations and federal and local government funds for purposes of this subsection.

 

      Note: 351.511, 351.516 and 351.521 were enacted into law by the Legislative Assembly but were 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.

 

      351.512 [Subsection (1) formerly 351.495 and subsection (2) formerly 351.580; repealed by 1997 c.249 §110]

 

      351.513 [2005 c.787 §15; repealed by 2009 c.762 §98]

 

      351.515 [2005 c.787 §11; repealed by 2009 c.762 §98]

 

      351.516 Eastern Oregon University Regional Agricultural, Health and Life Sciences Building Account. (1) There is established in the General Fund an account to be known as the Eastern Oregon University Regional Agricultural, Health and Life Sciences Building Account. Funds in the account shall be used to acquire or construct a new building for agriculture, health and life sciences studies at Eastern Oregon University.

      (2) The account shall consist of proceeds from lottery bonds and federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Eastern Oregon University Regional Agricultural, Health and Life Sciences Building project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in subsection (1) of this section. The account may not be credited with more than $14,470,500 in interest, proceeds from lottery bonds, donations and federal and local government funds for purposes of this subsection. [2001 c.845 §14; 2003 c.674 §12; 2011 c.2 §57]

 

      Note: Operation of the amendments to 351.516 by section 162c, chapter 768, Oregon Laws 2013, is dependent on Eastern Oregon University becoming a university with a governing board, and on the Governor appointing the members of the governing board, in the manner provided in section 168a, chapter 768, Oregon Laws 2013. See section 162d, chapter 768, Oregon Laws 2013. The text that is operative on and after the date on which the Governor appoints the members of the governing board is set forth for the user’s convenience.

      351.516. (1) There is established in the General Fund an account to be known as the Eastern Oregon University Regional Agricultural, Health and Life Sciences Building Account. Funds in the account shall be used to acquire or construct a new building for agriculture, health and life sciences studies at Eastern Oregon University.

      (2) The account shall consist of proceeds from lottery bonds and federal and local government funds made available to and funds donated to Eastern Oregon University for the purpose of the Eastern Oregon University Regional Agricultural, Health and Life Sciences Building project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to Eastern Oregon University for the purposes described in subsection (1) of this section. The account may not be credited with more than $14,470,500 in interest, proceeds from lottery bonds, donations and federal and local government funds for purposes of this subsection.

 

      Note: See second note under 351.511.

 

      351.517 University of Oregon Education Building and Complex Account. (1) There is established in the General Fund an account to be known as the University of Oregon Education Building and Complex Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an education building and complex at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the University of Oregon for the purpose of the education building and complex project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $19,400,000 in interest, donations and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the University of Oregon and may be transferred to the account designated by ORS 351.626 for the education building and complex project described in subsection (1) of this section. [2005 c.787 §10; 2009 c.762 §13c; 2011 c.2 §58; 2013 c.768 §63]

 

      Note: The amendments to 351.517 by section 63, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.517. (1) There is established in the General Fund an account to be known as the University of Oregon Education Building and Complex Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an education building and complex at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the education building and complex project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $19,400,000 in interest, donations and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the education building and complex project described in subsection (1) of this section.

 

      Note: See note under 351.507.

 

      351.518 University of Oregon Gilbert Hall Account. (1) There is established in the General Fund an account to be known as the University of Oregon Gilbert Hall Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for Gilbert Hall at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the University of Oregon for the purpose of the Gilbert Hall project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $3,300,000 in interest, donations and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the University of Oregon and may be transferred to the account designated by ORS 351.626 for the Gilbert Hall project described in subsection (1) of this section. [2005 c.787 §12; 2009 c.762 §13d; 2011 c.2 §59; 2013 c.768 §64]

 

      Note: The amendments to 351.518 by section 64, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.518. (1) There is established in the General Fund an account to be known as the University of Oregon Gilbert Hall Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for Gilbert Hall at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the Gilbert Hall project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $3,300,000 in interest, donations and federal and local government funds for purposes of this subsection.

      (3) Moneys in the account are continuously appropriated to the Oregon University System and may be transferred to the account designated by ORS 351.626 for the Gilbert Hall project described in subsection (1) of this section.

 

      Note: See note under 351.507.

 

      351.519 University of Oregon Integrative Science Complex Account. (1) There is established in the General Fund an account to be known as the University of Oregon Integrative Science Complex Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an integrative science complex at the University of Oregon that includes a multiscale materials and devices laboratory and other facilities related to a signature research center.

      (2) The account shall consist of proceeds from lottery bonds made available to the University of Oregon for the purpose of the University of Oregon integrative science complex project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the University of Oregon for the integrative science complex project described in subsection (1) of this section. The account may not be credited with more than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725 §10; 2011 c.2 §60; 2013 c.768 §65]

 

      Note: The amendments to 351.519 by section 65, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.519. (1) There is established in the General Fund an account to be known as the University of Oregon Integrative Science Complex Account. Funds in the account shall be used for the acquisition, construction, remodeling, expansion and renovation of facilities for an integrative science complex at the University of Oregon that includes a multiscale materials and devices laboratory and other facilities related to a signature research center.

      (2) The account shall consist of proceeds from lottery bonds made available to the Oregon University System for the purpose of the University of Oregon integrative science complex project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the integrative science complex project described in subsection (1) of this section. The account may not be credited with more than $4,750,000 in interest and proceeds from lottery bonds.

 

      Note: See second note under 351.509.

 

      351.520 [Amended by 1981 c.660 §30; renumbered 351.315 in 1995]

 

      351.521 University of Oregon School of Music Account. (1) There is established in the General Fund an account to be known as the University of Oregon School of Music Account. Funds in the account shall be used for additions and alterations to the School of Music at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the University of Oregon for the purpose of the University of Oregon School of Music project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the University of Oregon for that purpose. The account may not be credited with more than $7,600,000 in interest, donations and federal and local government funds for purposes of this subsection. [2001 c.845 §10; 2003 c.674 §13; 2011 c.2 §61; 2013 c.768 §66]

 

      Note: The amendments to 351.521 by section 66, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.521. (1) There is established in the General Fund an account to be known as the University of Oregon School of Music Account. Funds in the account shall be used for additions and alterations to the School of Music at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purpose of the University of Oregon School of Music project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for that purpose. The account may not be credited with more than $7,600,000 in interest, donations and federal and local government funds for purposes of this subsection.

 

      Note: See second note under 351.511.

 

      351.522 [1995 c.254 §12; repealed by 1997 c.584 §15]

 

      351.523 [1997 c.584 §8; 2003 c.674 §14; repealed by 2009 c.762 §98]

 

      351.524 [2001 c.845 §13; 2003 c.674 §15; repealed by 2009 c.762 §98]

 

      351.525 [1997 c.584 §9b; repealed by 2003 c.674 §30]

 

      351.526 [1999 c.890 §11; 2003 c.674 §16; repealed by 2009 c.762 §98]

 

      351.527 [1995 c.254 §13; repealed by 1997 c.584 §15]

 

      351.528 [1997 c.584 §9; 2003 c.674 §17; repealed by 2009 c.762 §98]

 

      351.529 [2001 c.845 §9; 2003 c.674 §18; repealed by 2009 c.762 §98]

 

      351.530 [Renumbered 351.317 in 1995]

 

      351.531 [1997 c.584 §9a; repealed by 2003 c.674 §30]

 

      351.532 Oregon State University Engineering Capital Construction Remodel Account. (1) There is established in the General Fund an account to be known as the Oregon State University Engineering Capital Construction Remodel Account. Funds in the account shall be used for the HP Building II Renovation project at Oregon State University for a microproducts breakthrough institute related to a signature research center.

      (2) The account shall consist of proceeds from lottery bonds made available to the Oregon University System for the purpose of the Oregon State University capital construction project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the capital construction project described in subsection (1) of this section. The account may not be credited with more than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725 §8; 2007 c.761 §31; 2011 c.2 §62]

 

      Note: See second note under 351.509.

 

      351.533 [2001 c.845 §12; 2003 c.674 §19; repealed by 2009 c.762 §98]

 

      351.534 [2001 c.845 §11; 2001 c.849 §3; 2003 c.674 §20; repealed by 2009 c.762 §98]

 

      351.535 [1993 c.538 §10; repealed by 2003 c.674 §30]

 

      351.536 [1995 c.254 §11; repealed by 2003 c.674 §30]

 

      351.537 [1999 c.890 §12; 2003 c.674 §21; repealed by 2009 c.762 §98]

 

      351.538 Museum of Art Project Account. (1) There is established in the General Fund an account to be known as the Museum of Art Project Account. Funds in the account shall be used for additions to and alterations of the Museum of Art at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the University of Oregon for the purposes of the Museum of Art project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the University of Oregon for that purpose. The account may not be credited with more than $6,360,000 in interest, donations and federal and local government funds for purposes of this subsection. [1999 c.890 §13; 2003 c.674 §22; 2011 c.2 §63; 2013 c.768 §67]

 

      Note: The amendments to 351.538 by section 67, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.538. (1) There is established in the General Fund an account to be known as the Museum of Art Project Account. Funds in the account shall be used for additions to and alterations of the Museum of Art at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purposes of the Museum of Art project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for that purpose. The account may not be credited with more than $6,360,000 in interest, donations and federal and local government funds for purposes of this subsection.

 

      Note: 351.538 and 351.539 were enacted into law by the Legislative Assembly but were 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.

 

      351.539 Straub Hall Project Account. (1) There is established in the General Fund an account to be known as the Straub Hall Project Account. Funds in the account shall be used for the additions to and alterations of Straub Hall at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the University of Oregon for the purposes of the Straub Hall project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the University of Oregon for that purpose. The account may not be credited with more than $1,166,000 in interest, donations and federal and local government funds for purposes of this subsection. [1999 c.890 §14; 2003 c.674 §23; 2011 c.2 §64; 2013 c.768 §68]

 

      Note: The amendments to 351.539 by section 68, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.539. (1) There is established in the General Fund an account to be known as the Straub Hall Project Account. Funds in the account shall be used for the additions to and alterations of Straub Hall at the University of Oregon.

      (2) The account shall consist of federal and local government funds made available to and funds donated to the Oregon University System for the purposes of the Straub Hall project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for that purpose. The account may not be credited with more than $1,166,000 in interest, donations and federal and local government funds for purposes of this subsection.

 

      Note: See second note under 351.538.

 

      351.540 [Amended by 1967 c.454 §31; 1979 c.479 §1; 2003 c.674 §24; repealed by 2009 c.762 §98]

 

      351.545 Account to pay principal and interest of bonds authorized by ORS 351.350. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated to provide for the payment of principal and interest of bonds issued under the authority of Article XI-F(1) of the Oregon Constitution and ORS 351.350 in an amount equal to the amount authorized for expenditure by section 3 (2)(b), chapter 709, Oregon Laws 1971, and expended as provided therein. Income and interest derived from moneys in the account are credited to the account.

      (2) The account designated by this section consists of moneys received as net revenues from the isolation facilities for which the expenditure of funds is authorized by section 3 (2)(b), chapter 709, Oregon Laws 1971, including gifts, grants and building fees, moneys received as accrued interest on bonds sold, earnings from investments on the account, the proceeds of the sale of refunding bonds and any accrued interest on such refunding bonds, moneys appropriated to the account by the Legislative Assembly and moneys received for the purposes of the account from all other sources. Moneys in the account may be used only for the purposes provided in subsection (1) of this section.

      (3) If the account designated by this section has a balance after the purpose for which the account was created has been fulfilled, or the account and the investments of the account, will, in the judgment of the board, be sufficient to meet in full the principal of and the interest upon all Higher Education Isolation Facility bonds, then any excess moneys may be transferred by the board to an account to be used for research related to veterinary medicine. [1971 c.688 §3; 1973 c.809 §2; 1975 c.550 §13; 1977 c.281 §5; 1977 c.855 §19; 1981 c.660 §31; 1987 c.452 §1; 1995 c.79 §193; 1995 c.110 §6; 2009 c.762 §14]

 

      351.550 [Repealed by 1979 c.479 §2]

 

      351.555 [1971 c.709 §13; repealed by 1995 c.110 §9]

 

      351.560 [Amended by 1967 c.255 §1; 1967 c.454 §32; 1971 c.80 §2; repealed by 1979 c.479 §2]

      351.570 [1961 c.577 §2; 1965 c.585 §1; renumbered 348.010]

 

      351.580 [1967 c.404 §5; renumbered 351.512 (2) in 1995]

 

      351.590 Account for student activities. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of receiving all revenue from incidental fees, optional fees, health services fees and all operating revenue from intercollegiate athletics, student unions and educational activities.

      (2) Disbursements from the account designated by this section, including any interest credited to the account, may be made for necessary expenses for supplies, services and equipment associated with student activities including but not limited to recruiting, training and grant-in-aid to intercollegiate athletes.

      (3) Income and interest derived from moneys in the account designated by this section are credited to the account. The State Board of Higher Education shall distribute annually the total interest earnings proportionately to each public university listed in ORS 351.011 based on each university’s average cash balance in the account. [1975 c.558 §7; 1987 c.256 §1; 1989 c.966 §36; 1995 c.110 §7; 2003 c.674 §25; 2009 c.762 §15; 2011 c.637 §223; 2013 c.768 §69]

 

      Note: The amendments to 351.590 by section 69, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.590. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of receiving all revenue from incidental fees, optional fees, health services fees and all operating revenue from intercollegiate athletics, student unions and educational activities.

      (2) Disbursements from the account designated by this section, including any interest credited to the account, may be made for necessary expenses for supplies, services and equipment associated with student activities including but not limited to recruiting, training and grant-in-aid to intercollegiate athletes.

      (3) Income and interest derived from moneys in the account designated by this section are credited to the account. The State Board of Higher Education shall distribute annually the total interest earnings proportionately to each public university listed in ORS 352.002 based on each university’s average cash balance in the account.

 

      351.605 [Formerly 351.120; 1961 c.558 §1; 1963 c.328 §1; renumbered 348.210]

 

      351.610 [1963 c.539 §2; renumbered 348.220]

 

      351.615 Account for auxiliary enterprise building repair and equipment replacement. Moneys set aside by higher education auxiliary activities for repair and alteration of buildings and replacement of equipment shall be credited to an account designated for that purpose in the Oregon University System Fund established by ORS 351.506. Income and interest derived from moneys in the account are credited to the account for distribution to the several auxiliary activities in accord with rules adopted by the State Board of Higher Education. The moneys in the account may be used only for the repair and alteration of auxiliary enterprise buildings and replacement of equipment as designated by the board, after hearing any recommendations by recognized student governments. [1979 c.106 §2; 1995 c.110 §8; 2009 c.762 §16]

 

      351.620 [1961 c.558 §4; renumbered 348.230]

 

      351.625 [1959 c.564 §12; 1961 c.558 §2; renumbered 348.240]

 

      351.626 Account for construction, remodeling, expansion and renovation of facilities. An account in the Oregon University System Fund established by ORS 351.506 is designated for the construction, remodeling, expansion and renovation of facilities within the Oregon University System or any public university with a governing board listed in ORS 352.054. Income and interest from moneys in the account are credited to the account. [2005 c.787 §16; 2009 c.762 §17; 2013 c.768 §70]

 

      Note: The amendments to 351.626 by section 70, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.626. An account in the Oregon University System Fund established by ORS 351.506 is designated for the construction, remodeling, expansion and renovation of facilities within the Oregon University System. Income and interest from moneys in the account are credited to the account.

 

      Note: 351.626 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.

 

      351.627 Account for capital construction. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of capital construction.

      (2) The account designated by this section consists of moneys credited to the account, including moneys from the Administrative Services Economic Development Fund. Interest earned on moneys in the account is credited to the account.

      (3) A building, facility or project to be funded from the account designated by this section may not be commenced and an expenditure for the building, facility or project may not be made or incurred except for land purchases and architectural or engineering planning until a plan for the building, facility or project has been submitted by the State Board of Higher Education to and approved by the Emergency Board. [1985 c.828 §5; 1989 c.966 §§37,73; 2009 c.762 §18]

 

      351.628 Higher Education Academic Modernization Account. (1) There is established in the General Fund an account to be known as the Higher Education Academic Modernization Account. Funds in the account shall be used at public universities listed in ORS 351.011 for academic modernization, capital repair, deferred maintenance and making facilities compliant with building and safety codes.

      (2) The account shall consist of funds donated to the Oregon University System for the purposes described in subsection (1) of this section. The account may also consist of other funds available to the Oregon University System for the purposes described in subsection (1) of this section. The Oregon University System may not deposit any moneys into the account that were appropriated to the Department of Higher Education under chapter 725, Oregon Laws 2003. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in subsection (1) of this section. The account may not be credited with more than $1,000,000 in interest, donations and other funds. [2003 c.725 §12; 2011 c.2 §65; 2011 c.637 §224; 2013 c.768 §71]

 

      Note: The amendments to 351.628 by section 71, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.628. (1) There is established in the General Fund an account to be known as the Higher Education Academic Modernization Account. Funds in the account shall be used at public universities listed in ORS 352.002 for academic modernization, capital repair, deferred maintenance and making facilities compliant with building and safety codes.

      (2) The account shall consist of funds donated to the Oregon University System for the purposes described in subsection (1) of this section. The account may also consist of other funds available to the Oregon University System for the purposes described in subsection (1) of this section. The Oregon University System may not deposit any moneys into the account that were appropriated to the Department of Higher Education under chapter 725, Oregon Laws 2003. Interest earned on moneys in the account shall be credited to the account.

      (3) Moneys in the account are continuously appropriated to the Oregon University System for the purposes described in subsection (1) of this section. The account may not be credited with more than $1,000,000 in interest, donations and other funds.

 

      Note: See second note under 351.509.

 

      Note: Legislative Counsel has substituted “chapter 725, Oregon Laws 2003,” for the words “this 2003 Act” in section 12, chapter 725, Oregon Laws 2003, compiled as 351.628. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2003 Comparative Section Table located in Volume 20 of ORS.

 

      351.630 [1959 c.564 §13; 1961 c.558 §5; renumbered 348.250]

 

      351.633 Contracts for capital construction when funds in account are insufficient. Any contract entered into by the State Board of Higher Education to be paid from the account designated by ORS 351.627 for which there are insufficient funds in the account at the time the contract is entered into must contain a provision authorizing cancellation of the contract if the funds do not become available. [1985 c.828 §6; 2009 c.762 §19]

 

      351.635 [1959 c.564 §1; renumbered 348.510]

 

      351.638 Account for recruitment of faculty. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of attracting new, outstanding faculty members to the public universities listed in ORS 351.011. This purpose includes payment of costs incurred in relocating new faculty, retraining necessary teaching assistants for new faculty, acquisition of equipment such as laboratory equipment and facilities to support research by new faculty, payment of other costs incurred in recruiting new faculty and payment of costs associated with committing salary supplements to newly recruited faculty over a period of more than one year.

      (2) The State Board of Higher Education shall seek funds from private sources for deposit to the credit of the account designated by this section. [1987 c.630 §1; 2009 c.762 §20; 2011 c.637 §56; 2013 c.768 §72]

 

      Note: The amendments to 351.638 by section 72, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.638. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of attracting new, outstanding faculty members to the public universities listed in ORS 352.002. This purpose includes payment of costs incurred in relocating new faculty, retraining necessary teaching assistants for new faculty, acquisition of equipment such as laboratory equipment and facilities to support research by new faculty, payment of other costs incurred in recruiting new faculty and payment of costs associated with committing salary supplements to newly recruited faculty over a period of more than one year.

      (2) The State Board of Higher Education shall seek funds from private sources for deposit to the credit of the account designated by this section.

 

      351.640 [1959 c.564 §7; renumbered 348.520]

 

STUDENTS

 

      351.641 Resident tuition and fees for persons who are not United States citizens or lawful permanent residents; qualifications; rules; reporting requirement. (1) The State Board of Higher Education shall exempt a student who is not a citizen or a lawful permanent resident of the United States from paying nonresident tuition and fees for enrollment in a public university listed in ORS 352.002 if the student:

      (a) During each of the three years immediately prior to receiving a high school diploma or leaving school before receiving a high school diploma, attended an elementary or a secondary school in this state;

      (b) During each of the five years immediately prior to receiving a high school diploma or leaving school before receiving a high school diploma, attended an elementary or a secondary school in any state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico;

      (c) No more than three years before initially enrolling in a public university listed in ORS 352.002, received a high school diploma from a secondary school in this state or received the equivalent of a high school diploma; and

      (d) Shows intention to become a citizen or a lawful permanent resident of the United States by submitting to the public university the student attends or plans to attend:

      (A) An official copy of the student’s application to register with a federal immigration program or federal deportation deferral program or a statement of intent that the student will seek to obtain citizenship as permitted under federal law; and

      (B) An affidavit stating that the student has applied for a federal individual taxpayer identification number or other official federal identification document.

      (2) The board shall exempt a student who is financially dependent upon a person who is not a citizen or a lawful permanent resident of the United States from paying nonresident tuition and fees for enrollment in a public university listed in ORS 352.002 if the student:

      (a) During each of the three years immediately prior to receiving a high school diploma or leaving school before receiving a high school diploma, attended an elementary or a secondary school in this state and resided in this state with the person upon whom the student is dependent;

      (b) During each of the five years immediately prior to receiving a high school diploma or leaving school before receiving a high school diploma, attended an elementary or a secondary school in any state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico and resided with the person upon whom the student is dependent;

      (c) No more than three years before initially enrolling in a public university listed in ORS 352.002, received a high school diploma from a secondary school in this state or received the equivalent of a high school diploma; and

      (d) For a student who is not already a citizen or lawful permanent resident of the United States, shows intention to become a citizen or a lawful permanent resident of the United States by submitting to the public university the student attends or plans to attend:

      (A) An official copy of the student’s application to register with a federal immigration program or federal deportation deferral program or a statement of intent that the student will seek to obtain citizenship as permitted under federal law; and

      (B) An affidavit stating that the student has applied for a federal individual taxpayer identification number or other official federal identification document.

      (3) A student continues to qualify for exemption from nonresident tuition and fees under subsection (1) or (2) of this section for five years after initial enrollment under the exemption in a public university listed in ORS 352.002.

      (4) A student who is a citizen or a lawful permanent resident of the United States and who has resided outside of Oregon for more than three years while serving in the Armed Forces of the United States, but who otherwise meets the requirements of subsection (1) or (2) of this section, shall qualify for exemption from nonresident tuition and fees for enrollment in a public university listed in ORS 352.002 without having to reestablish residency in Oregon.

      (5) The board shall adopt rules to implement the provisions of this section.

      (6) Not later than July 1 of each year, the Oregon University System shall report to the Speaker of the House of Representatives, the President of the Senate and the interim committees of the Legislative Assembly with subject matter authority over higher education, for the preceding academic year:

      (a) The number of students that applied and were accepted into public universities under this section; and

      (b) The financial impact of this section on the Oregon University System. [2013 c.17 §2]

 

      Note: Section 3, chapter 17, Oregon Laws 2013, provides:

      Sec. 3. Challenge to legality of ORS 351.641. (1) Jurisdiction is conferred on the Oregon Supreme Court to determine in the manner provided by this section whether section 2 of this 2013 Act [351.641] violates federal law codified at 8 U.S.C. 1623.

      (2) A person who is adversely affected by section 2 of this 2013 Act, or who will be adversely affected by section 2 of this 2013 Act, may institute a proceeding for review by filing with the Supreme Court a petition that meets the following requirements:

      (a) The petition must be filed within 60 days after the effective date of this 2013 Act [July 1, 2013].

      (b) The petition must include the following:

      (A) A statement of the basis of the challenge; and

      (B) A statement and supporting affidavit showing how the petitioner is adversely affected.

      (3) The petitioner shall serve a copy of the petition by registered or certified mail upon the Attorney General and the Governor.

      (4) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court.

      (5) In the event the Supreme Court determines that there are factual issues in the petition, the Supreme Court may appoint a special master to hear evidence and to prepare recommended findings of fact. [2013 c.17 §3]

 

      351.642 Status of members of Armed Forces and certain federal agencies; spouses and children. (1) As used in this section:

      (a) “Active member of the Armed Forces of the United States” includes officers and enlisted personnel of the Armed Forces of the United States who:

      (A) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state;

      (B) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or

      (C) Reside in another state or a foreign country and establish Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty.

      (b) “Armed Forces of the United States” includes:

      (A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;

      (B) Reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and

      (C) The National Guard of the United States and the Oregon National Guard.

      (c) “Dependent children” includes any children of an active member of the Armed Forces of the United States, of an active member of the commissioned corps of the National Oceanic and Atmospheric Administration or of a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, who:

      (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or

      (B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the member for over one-half of their support.

      (2) Active members of the Armed Forces of the United States, active members of the commissioned corps of the National Oceanic and Atmospheric Administration and members of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, and their spouses and dependent children, are considered residents of this state for the purpose of admission and for the purpose of determining fees and tuition to be paid by such individuals while attending any public university listed in ORS 352.002.

      (3) The State Board of Higher Education and the governing board of a public university with a governing board listed in ORS 352.054 may contract with the Armed Forces of the United States to furnish educational service to active members of the Armed Forces of the United States.

      (4) The State Board of Higher Education and the governing board shall determine the number of such students that should be accepted and shall make final decisions on admission of individual applicants.

      (5) Students attending the public universities under contracts with the Armed Forces of the United States under this section shall pay fees and tuition customarily charged Oregon students.

      (6) Payments made by the Armed Forces of the United States under such contracts shall be deposited in a designated account in the same manner that fees and tuition payments for resident students are deposited and credited. [1987 c.162 §7; 1989 c.264 §3; 2003 c.242 §1; 2009 c.762 §21; 2011 c.637 §225; 2012 c.106 §7; 2013 c.768 §73]

 

      Note: The amendments to 351.642 by section 73, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 7, chapter 106, Oregon Laws 2012, is set forth for the user’s convenience.

      351.642. (1) As used in this section:

      (a) “Active member of the Armed Forces of the United States” includes officers and enlisted personnel of the Armed Forces of the United States who:

      (A) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state;

      (B) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or

      (C) Reside in another state or a foreign country and establish Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty.

      (b) “Armed Forces of the United States” includes:

      (A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;

      (B) Reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and

      (C) The National Guard of the United States and the Oregon National Guard.

      (c) “Dependent children” includes any children of an active member of the Armed Forces of the United States, of an active member of the commissioned corps of the National Oceanic and Atmospheric Administration or of a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, who:

      (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or

      (B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the member for over one-half of their support.

      (2) Active members of the Armed Forces of the United States, active members of the commissioned corps of the National Oceanic and Atmospheric Administration and members of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, and their spouses and dependent children, are considered residents of this state for the purpose of admission and for the purpose of determining fees and tuition to be paid by such individuals while attending any public university that is under the control of the State Board of Higher Education.

      (3) The State Board of Higher Education may contract with the Armed Forces of the United States to furnish educational service in the public universities to active members of the Armed Forces of the United States.

      (4) The State Board of Higher Education shall determine the number of such students that should be accepted and shall make final decisions on admission of individual applicants.

      (5) Students attending the public universities under contracts with the Armed Forces of the United States under this section shall pay fees and tuition customarily charged Oregon students.

      (6) Payments made by the Armed Forces of the United States under such contracts shall be deposited in a designated account in the Oregon University System Fund established by ORS 351.506 in the same manner that fees and tuition payments for resident students are deposited and credited.

 

      351.643 Rights of student ordered to active duty; standards. (1) A student at a public university listed in ORS 352.002 who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights:

      (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to:

      (A) Withdraw from the course, subject to the provisions of subsection (2) of this section;

      (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the practice of the public university for completion of incomplete courses; or

      (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section;

      (b) The right to a credit described in ORS 351.644 for all amounts paid for room, board, tuition and fees;

      (c) If the student elects to withdraw from the public university, the right to be readmitted and reenrolled at the public university within one year after release from active duty without a requirement of redetermination of admission eligibility; and

      (d) The right to continuation of scholarships and grants awarded to the student that were funded by the public university or the Higher Education Coordinating Commission before the student was ordered to active duty.

      (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the public university may not:

      (a) Give the student academic credit for the course from which the student withdraws;

      (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or

      (c) Alter the student’s grade point average due to the student’s withdrawal from the course.

      (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions:

      (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class.

      (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty.

      (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade.

      (4) The Higher Education Coordinating Commission and the governing board of a public university with a governing board listed in ORS 352.054 shall adopt standards for the administration of this section.

      (5) As used in this section, “member of the military” means a person who is a member of:

      (a) The Oregon National Guard or the National Guard of any other state or territory; or

      (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. [2005 c.170 §5; 2005 c.836 §16; 2011 c.637 §226; 2012 c.106 §8; 2013 c.747 §146; 2013 c.768 §74]

 

      Note: The amendments to 351.643 by section 146, chapter 747, Oregon Laws 2013, and section 74, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 8, chapter 106, Oregon Laws 2012, is set forth for the user’s convenience.

      351.643. (1) A student at a public university listed in ORS 352.002 who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights:

      (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to:

      (A) Withdraw from the course, subject to the provisions of subsection (2) of this section;

      (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the practice of the public university for completion of incomplete courses; or

      (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section;

      (b) The right to a credit described in ORS 351.644 for all amounts paid for room, board, tuition and fees;

      (c) If the student elects to withdraw from the public university, the right to be readmitted and reenrolled at the public university within one year after release from active duty without a requirement of redetermination of admission eligibility; and

      (d) The right to continuation of scholarships and grants awarded to the student that were funded by the public university or the Oregon Student Access Commission before the student was ordered to active duty.

      (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the public university may not:

      (a) Give the student academic credit for the course from which the student withdraws;

      (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or

      (c) Alter the student’s grade point average due to the student’s withdrawal from the course.

      (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions:

      (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class.

      (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty.

      (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade.

      (4) The State Board of Higher Education shall adopt rules for the administration of this section.

      (5) As used in this section, “member of the military” means a person who is a member of:

      (a) The Oregon National Guard or the National Guard of any other state or territory; or

      (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States.

 

      351.644 Credit for room, board, tuition and fees for student ordered to active duty; standards. (1)(a) The amount of the credit specified in ORS 351.643 (1)(b) shall be based on:

      (A) The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and

      (B) The amount of tuition and fees paid by the student for a course from which the student withdraws.

      (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws.

      (c) At the time a student withdraws from a course at a public university listed in ORS 352.002 or from the public university, the student must elect to claim the credit:

      (A) As a credit toward tuition and fees or room and board if the student reenrolls at the public university under ORS 351.643 (1)(c); or

      (B) As a monetary payment.

      (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the public university from which the student withdraws.

      (3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty.

      (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the public university that the student died while serving on active duty.

      (5) The State Board of Higher Education and the governing board of a public university with a governing board listed in ORS 352.054 shall adopt standards for the administration of this section, including standards setting the amount of credit and the method by which the credit is prorated. [2005 c.170 §6; 2011 c.637 §227; 2013 c.768 §75]

 

      Note: The amendments to 351.644 by section 75, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.644. (1)(a) The amount of the credit specified in ORS 351.643 (1)(b) shall be based on:

      (A) The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and

      (B) The amount of tuition and fees paid by the student for a course from which the student withdraws.

      (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws.

      (c) At the time a student withdraws from a course at a public university listed in ORS 352.002 or from the public university, the student must elect to claim the credit:

      (A) As a credit toward tuition and fees or room and board if the student reenrolls at the public university under ORS 351.643 (1)(c); or

      (B) As a monetary payment.

      (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the public university from which the student withdraws.

      (3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty.

      (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the public university that the student died while serving on active duty.

      (5) The State Board of Higher Education shall adopt rules for the administration of this section, including rules that determine the amount of credit and the method by which the credit is prorated.

 

      351.645 [1959 c.564 §8; 1961 c.416 §2; renumbered 348.530]

 

      351.646 Credit for education and training received while in Armed Forces; standards. A public university listed in ORS 352.002 shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 351.642. The education and training for which credit may be given must meet the standards adopted by the State Board of Higher Education or the governing board of a public university with a governing board listed in ORS 352.054. [2005 c.518 §3; 2011 c.637 §228; 2013 c.768 §76]

 

      Note: The amendments to 351.646 by section 76, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.646. A public university listed in ORS 352.002 shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 351.642. The education and training for which credit may be given must meet the standards adopted by the State Board of Higher Education by rule.

 

      Note: 351.646 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.

 

      351.647 Nonresident tuition in post-secondary educational institutions. The Legislative Assembly finds that:

      (1) It is in the interest of this state and its people that Oregon residents have access to the post-secondary institutions in the Northwest which best provide for the educational needs of those students;

      (2) The people of Oregon and their post-secondary institutions benefit through the provision of access to Oregon colleges and universities for students from the state of Washington and from the enhanced economic and cultural well-being of the northwest region;

      (3) The state should reduce or eliminate the nonresident tuition barriers which might exist between the states of Oregon and Washington to restrict or inhibit enrollment of residents of one of these states in a community college or public college or university in the other state;

      (4) The general policy statement on reduction of admission and tuition barriers between the states of Oregon and Washington shall not apply to students at the Oregon Health and Science University, where enrollment priority shall continue to be given to qualified Oregon residents; and

      (5) The State Board of Higher Education and the Higher Education Coordinating Commission shall develop plans to carry out the intent of this policy within the appropriations available, and shall report to the appropriate legislative review agency before implementing the plan. [Formerly 351.073; 2011 c.637 §229]

 

      351.649 Student journalists; student expression; civil action. (1) For the purposes of this section:

      (a) “Public institution of higher education” means:

      (A) A community college;

      (B) A public university listed in ORS 352.002; and

      (C) The Oregon Health and Science University.

      (b) “School-sponsored media” means materials that are prepared, substantially written, published or broadcast by student journalists, that are distributed or generally made available, either free of charge or for a fee, to members of the student body and that are prepared under the direction of a student media adviser. “School-sponsored media” does not include media intended for distribution or transmission solely in the classrooms in which they are produced.

      (c) “Student journalist” means a student who gathers, compiles, writes, edits, photographs, records or prepares information for dissemination in school-sponsored media.

      (d) “Student media adviser” means a person who is employed, appointed or designated by a public institution of higher education to supervise, or provide instruction relating to, school-sponsored media.

      (2) Student journalists are responsible for determining the news, opinion, feature and advertising content of school-sponsored media. This subsection does not prevent a student media adviser from teaching professional standards of English and journalism to the student journalists.

      (3) Nothing in this section may be interpreted to authorize expression by students that:

      (a) Is libelous or slanderous;

      (b) Constitutes an unwarranted invasion of privacy;

      (c) Violates federal or state statutes, rules or regulations or state common law; or

      (d) So incites students as to create a clear and present danger of:

      (A) The commission of unlawful acts on or off school premises;

      (B) The violation of school policies; or

      (C) The material and substantial disruption of the orderly operation of the school. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.

      (4) Any student enrolled in a public institution of higher education may commence a civil action to obtain damages under this subsection and appropriate injunctive or declaratory relief as determined by a court for a violation of subsection (2) of this section, the First Amendment to the United States Constitution or section 8, Article I of the Oregon Constitution. Upon a motion, a court may award $100 in damages and injunctive and declaratory relief to a prevailing plaintiff in a civil action brought under this subsection. [2007 c.763 §2; 2011 c.637 §230]

 

      Note: 351.649 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.

 

      351.650 [1959 c.564 §§4,5; renumbered 348.540]

 

      351.653 Interstate agreements. (1) In addition to any interstate agreements entered into under ORS 351.647, the Governor shall encourage interstate agreements with Washington, Idaho and California. Such agreements shall be in accordance with ORS 190.410 to 190.440 and shall:

      (a) Provide for full-time equivalent reimbursement to this state for any students from another state who enroll in an Oregon public post-secondary institution pursuant to the agreement;

      (b) Provide that only students who reside in counties that share a common border with this state may participate in any program developed pursuant to such an agreement; and

      (c) Provide that the county government or other similar county-wide public organization of any county involved in the agreement shall provide or arrange to provide a portion of the costs of attendance for participating students.

      (2) Any public post-secondary institution entering into an interstate agreement under this section shall send a copy of the agreement to the Governor and the Higher Education Coordinating Commission.

      (3) The provisions of this section shall not apply to interstate agreements entered into pursuant to ORS 351.647. [1997 c.521 §5; 2011 c.637 §231]

 

      Note: 351.653 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.

 

      351.655 [1959 c.564 §3; renumbered 348.550]

 

      351.656 Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients; limits on waiver; conditions. (1) As used in this section:

      (a) “Child” means a child, adopted child or stepchild of either a service member or a Purple Heart recipient.

      (b) “Eligible post-secondary institution” means:

      (A) A public university listed in ORS 352.002; and

      (B) The Oregon Health and Science University.

      (c) “Purple Heart recipient” means a person, alive or deceased, who:

      (A) Was relieved or discharged from service in the Armed Forces of the United States with either an honorable discharge or a general discharge under honorable conditions; and

      (B) Was awarded the Purple Heart in 2001 or thereafter for wounds received in combat.

      (d) “Qualified student” means a child, a spouse or an unremarried surviving spouse of a service member or a child of a Purple Heart recipient.

      (e) “Service member” means a person who:

      (A) As a member of the Armed Forces of the United States, died on active duty;

      (B) As a member of the Armed Forces of the United States, died as a result of a military service connected disability; or

      (C) Is 100 percent disabled as the result of a military service connected disability, as certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States.

      (2) Subject to subsections (3) to (7) of this section, an eligible post-secondary institution shall waive tuition for a qualified student for courses that may lead to a baccalaureate degree or a master’s degree. A qualified student who received a tuition waiver for a baccalaureate degree may also qualify for a tuition waiver for a master’s degree.

      (3)(a) The maximum waiver granted under this section shall be as follows:

      (A) For a baccalaureate degree, the total number of credit hours that equals four years of full-time attendance at an eligible post-secondary institution.

      (B) For a master’s degree, the total number of credit hours that equals two years of full-time attendance at an eligible post-secondary institution.

      (b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a baccalaureate degree or a master’s degree.

      (4) A waiver may be granted under this section only for credit hours for courses that are offered by an eligible post-secondary institution and are available for enrollment.

      (5) A qualified student may receive a waiver under this section if the student:

      (a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at an eligible post-secondary institution; and

      (b) Has been admitted to an eligible post-secondary institution for a baccalaureate degree program or has been admitted to a master’s degree program at an eligible post-secondary institution.

      (6)(a) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for a waiver.

      (b) Notwithstanding paragraph (a) of this subsection, a child who is older than 23 years of age is eligible for a waiver for a master’s degree if the child:

      (A) Applied for and received a waiver for a baccalaureate degree when the child was 23 years of age or younger; and

      (B) Applied for a waiver for a master’s degree within 12 months of receiving a baccalaureate degree.

      (7)(a) The amount of tuition waived under this section may be reduced by the amount of any federal aid scholarships or grants, awards from the Oregon Opportunity Grant program established under ORS 348.205, or any other aid from the eligible post-secondary institution, received by the qualified student.

      (b) The amount of tuition waived under this section may not be reduced by the amount of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to a qualified student. [2008 c.39 §9; 2009 c.236 §1; 2011 c.637 §232; 2013 c.460 §2]

 

      Note: Section 4, chapter 460, Oregon Laws 2013, provides:

      Sec. 4. The amendments to ORS 351.656 and 352.375 by sections 1 and 2 of this 2013 Act apply only to persons admitted as new but not continuing students for enrollment to a community college, a public university or an eligible post-secondary institution on or after September 15, 2013. [2013 c.460 §4]

 

      Note: 351.656 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.

 

      351.657 Annual report on reduced tuition rate and tuition waiver recipients. The State Board of Education and the State Board of Higher Education shall report annually on or before February 1 to committees of the Legislative Assembly related to veterans and military affairs and to higher education regarding students who have received tuition relief and assistance under ORS 351.656 and 352.375 including but not limited to the following:

      (1) The number of nonresident veterans who were assessed reduced tuition rates under ORS 352.375 and the amount of nonresident tuition moneys not assessed as a result of receiving the reduced tuition rates under ORS 352.375;

      (2) The number of qualified students receiving tuition waivers under ORS 351.656, the amount of tuition waived and the relationship of the qualified student to a service member or Purple Heart recipient under ORS 351.656; and

      (3) Any other relevant information. [2013 c.460 §3]

 

      Note: 351.657 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.

 

      351.658 Waiver of tuition for Oregon residents at least 65; conditions for waiver; standards. (1) Each public university listed in ORS 352.002 shall waive tuition for any course audited by an Oregon resident 65 years of age or older if:

      (a) Space is available in the course for additional students to register after degree-seeking students have registered;

      (b) The department in which the course is being taught approves; and

      (c) The auditing student is registered for eight credits or fewer per term.

      (2) The public university may charge the student attending under subsection (1) of this section fees associated with the course being audited.

      (3) A public university may develop standards for implementation of this section, including standards relating to registration, admission and fees. [2009 c.344 §1; 2011 c.637 §233; 2013 c.768 §77]

 

      Note: The amendments to 351.658 by section 77, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.658. (1) The State Board of Higher Education shall direct each public university listed in ORS 352.002 to waive tuition for any course audited by an Oregon resident 65 years of age or older if:

      (a) Space is available in the course for additional students to register after degree-seeking students have registered;

      (b) The department in which the course is being taught approves; and

      (c) The auditing student is registered for eight credits or fewer per term.

      (2) The public university may charge the student attending under subsection (1) of this section fees associated with the course being audited.

      (3) A public university may develop rules for implementation of this section, including rules relating to registration, admission and fees.

 

      Note: 351.658 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.

 

      351.660 [1959 c.564 §6; renumbered 348.560]

 

ENGINEERING EDUCATION

 

      351.663 Engineering and Technology Industry Council; establishment; membership; duties; investment of fund. (1) The Engineering and Technology Industry Council is established. A majority of the council members are representatives of high technology companies in Oregon. The council shall be consulted on the work plans and resource allocations for engineering education.

      (2) The council shall establish criteria and measurements that will be used for determining investments made from the account designated by ORS 351.666.

      (3) The criteria and measurements established by the council include:

      (a) Responding to the urgent engineering educational needs of Oregon’s fast growing high technology industry, especially in the Portland metropolitan area.

      (b) Increasing this state’s faculty and program capacity to meet the graduate level, professional education needs of engineers working in Oregon’s high technology industry through investments in public and private institutions.

      (c) Creating additional opportunities for Oregonians to pursue education in electrical engineering, computer engineering and other engineering disciplines critical to the advancement of Oregon’s high technology industry.

      (d) Investing relatively scarce state financial resources to:

      (A) Address the high technology industry’s most demonstrated and pressing needs;

      (B) Produce the greatest amount of educational benefits with the least short-term and long-term costs to the public;

      (C) Avoid duplicating existing public or private resources; and

      (D) Leverage existing and future private resources for the public benefit.

      (e) Making all investments in public and private institutions through performance-based contracts with measurable outcomes in order to ensure strong linkage between the most urgent engineering education needs and implemented solutions.

      (f) Maximizing the leverage of state investment funds to build faculty and program capacity and share existing and new faculty and program resources.

      (4) Priority is given to investments where private financial resources from Oregon high technology companies or individuals with significant interests in the growth of high technology in Oregon are made available to augment public funds.

      (5) The council must submit biennial performance reviews of all investments made to improve engineering education with public funds in public and private institutions. The reviews must be submitted to the Chancellor of the Oregon University System and the State Board of Higher Education. [1997 c.641 §3; 2009 c.762 §22]

 

      Note: 351.663, 351.666 and 351.668 were enacted into law by the Legislative Assembly but were 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.

 

      351.665 [1959 c.564 §11; renumbered 348.570]

 

      351.666 Account for investments in engineering education. (1) An account in the Oregon University System Fund established by ORS 351.506 is designated for the purpose of investments in engineering education. Interest earned on moneys in the account is credited to the account.

      (2) The State Board of Higher Education shall use the moneys in the account designated by this section solely for the purpose of investing in engineering education. The board shall follow the criteria and measurements established by the Engineering and Technology Industry Council in allocating moneys for investments in engineering education. [1997 c.641 §1; 2009 c.762 §23]

 

      Note: See note under 351.663.

 

      351.668 Use of money in account. The State Board of Higher Education shall use the money from the account designated by ORS 351.666 solely for the purpose of investing in engineering education. The board shall follow the criteria and measurements established by the Engineering and Technology Industry Council in allocating money for investments in engineering education. [1997 c.641 §2; 2009 c.762 §23a]

 

      Note: See note under 351.663.

 

      351.670 [1959 c.564 §9; 1961 c.416 §3; renumbered 348.580]

 

FORESTRY EDUCATION

 

      351.671 Forestry Education Council; members; term of office. (1) There is established a Forestry Education Council, consisting of five members appointed by the President of Oregon State University. The president shall appoint to the council at least three members who are forestland owners in this state or representatives of forest products manufacturers operating in this state.

      (2) The term of office of each council member is four years, but a member serves at the pleasure of the president. Before the expiration of the term of a council member, the president shall appoint a successor whose term begins on January 1 next following. A council member is eligible for reappointment. If there is a vacancy for any cause, the president shall make an appointment to become immediately effective for the unexpired term.

      (3) A council member is entitled to compensation and expenses as provided in ORS 292.495 from any unrestricted moneys in a subaccount created as described in ORS 351.681. [2012 c.39 §2]

 

      Note: 351.671 to 351.684 were enacted into law by the Legislative Assembly but were 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 3, chapter 39, Oregon Laws 2012, provides:

      Sec. 3. Terms of initial appointments to Forestry Education Council. Notwithstanding the term of office specified by section 2 of this 2012 Act [351.671], of the members first appointed to the Forestry Education Council:

      (1) One shall serve for a term ending January 1, 2014.

      (2) One shall serve for a term ending January 1, 2015.

      (3) One shall serve for a term ending January 1, 2016.

      (4) Two shall serve for terms ending January 1, 2017. [2012 c.39 §3]

 

      351.672 [1961 c.416 §1; renumbered 348.590]

 

      351.673 [1961 c.577 §1; repealed by 1965 c.585 §2]

 

      351.674 Qualifications of members of Forestry Education Council. The members of the Forestry Education Council must be residents of this state who are well informed on the principles of providing educational opportunities for forestland owners, forest products manufacturers and persons wishing to train in forest-related occupations. [2012 c.39 §4]

 

      Note: See first note under 351.671.

 

      351.675 [1959 c.564 §10; renumbered 348.600]

 

      351.676 [2001 c.920 §1; 2003 c.14 §159; repealed by 2005 c.748 §30]

 

      351.677 Administration of Forestry Education Council. (1) The Forestry Education Council shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the President of Oregon State University determines.

      (2) Except as provided in ORS 351.684, a majority of the members of the council constitutes a quorum for the transaction of business.

      (3) The council shall meet at times and places specified by the call of:

      (a) The chairperson;

      (b) A majority of the members of the council; or

      (c) The Dean of the College of Forestry at Oregon State University after consultation with the president. [2012 c.39 §5]

 

      Note: See first note under 351.671.

 

      351.678 [2001 c.920 §3; repealed by 2005 c.748 §30]

 

      351.679 Criteria and measurements for investments in professional forestry education; process; report. (1) The Dean of the College of Forestry at Oregon State University shall solicit the advice of the Forestry Education Council when developing work plans or resource allocation plans affecting professional forestry education. The council shall provide advice to the dean regarding the development of work plans and resource allocation plans affecting professional forestry education upon request of the dean or the President of Oregon State University and at other times as the council deems reasonable or necessary.

      (2) The council, in consultation with the dean, shall establish criteria and measurements for Oregon State University to use in determining which investments in professional forestry education to make from any subaccount created as described in ORS 351.681.

      (3) The criteria and measurements established under this section shall include, but need not be limited to, standards designed to:

      (a) Respond to the professional forestry education needs of forestland owners and managers and forest products manufacturers in this state;

      (b) Meet the professional forestry education needs of employees working in the forest and wood products industry cluster in this state by increasing faculty and academic program capacity at the university;

      (c) Create additional opportunities for residents of this state to pursue professional education in forest engineering, forest management, forest operations management, renewable material and wood products innovation and other fields important to the advancement of the forest and wood products industry cluster in this state;

      (d) Maximize the leverage of any moneys that the university allocates under ORS 351.681;

      (e) Give priority to allocations for which financial resources of forest products manufacturers in this state, or of other persons interested in professional forestry education in this state, are available to augment the allocations; and

      (f) Ensure that any moneys the university allocates under ORS 351.681 are used to:

      (A) Give priority to addressing those educational needs of the forest and wood products industry cluster that are the most evident and urgent;

      (B) Produce the greatest amount of educational benefit for the least short-term and long-term costs to this state;

      (C) Avoid duplication of existing public or private resources; and

      (D) Leverage existing and future private resources for the public benefit.

      (4) The council shall review the performance of any investments made in professional forestry education as described in ORS 351.681. The performance reviews shall be designed to identify possible improvements in the criteria and measurements established by the council, identify possible improvements in the process for allocating moneys under ORS 351.681 and determine the effectiveness of the allocations and investments in addressing the objectives described in subsection (3) of this section. The council shall report the results of the performance reviews to the dean and the president. [2012 c.39 §6]

 

      Note: See first note under 351.671.

 

      351.680 [2001 c.920 §4; repealed by 2005 c.748 §30]

 

      351.681 Oregon University System Fund subaccount for professional forestry education. At the direction of the Oregon University System, the State Treasurer shall establish in the Oregon University System Fund a subaccount dedicated to funding investments in professional forestry education. A subaccount created as provided in this section shall consist of any moneys from harvest taxes, appropriations, gifts, grants or donations made available to Oregon State University for the specific purpose of making investments in professional forestry education under this section. The university shall make any allocations of moneys from the subaccount to investments in professional forestry education in accordance with the criteria and measurements established by the Forestry Education Council under ORS 351.679. [2012 c.39 §1]

 

      Note: See first note under 351.671.

 

      351.682 No obligation to fund subaccount. ORS 351.671 to 351.684 do not establish any obligation or expectation for the appropriation of General Fund moneys to the subaccount described in ORS 351.681 or any obligation or expectation that moneys from forest products harvest taxes will be increased or reallocated for deposit to the subaccount described in ORS 351.681. [2012 c.39 §8]

 

      Note: 351.682 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.

 

      351.683 [2001 c.920 §6; 2001 c.920 §§6b,6c; repealed by 2005 c.748 §30]

 

      351.684 Review of allocations by President of Oregon State University. Prior to the beginning of an academic year, the Forestry Education Council may request that the President of Oregon State University review any allocations described in ORS 351.681 that are proposed for the academic year. A request under this section must be approved by a majority of the council members. Upon receiving a request from the council, the president shall determine during the academic year whether Oregon State University should allocate additional moneys or take other measures to address any concerns raised in the council’s request. [2012 c.39 §7]

 

      Note: See first note under 351.671.

 

      351.686 [2001 c.920 §7; repealed by 2005 c.748 §30]

 

      351.689 [2001 c.920 §9; 2003 c.794 §261; repealed by 2005 c.748 §30]

 

      351.690 [2001 c.920 §8; 2002 s.s.3 c.6 §16; repealed by 2005 c.748 §30]

 

      351.691 [2001 c.920 §2; repealed by 2005 c.748 §30]

 

VENTURE GRANT PROGRAM

 

      351.692 Venture grant program; applicant requirements. (1) The State Board of Higher Education shall adopt policies that prescribe the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from a university venture development fund, including requirements:

      (a) That a grant recipient remain within this state for at least five years following the receipt of a grant or repay the grant plus interest;

      (b) That each university that establishes a university venture development fund report amounts of tax credit certificates issued by the university and maintain records of income realized by the university as the result of grants made from the fund and records of amounts paid to the General Fund; and

      (c) Under which the Oregon University System is to maintain records and issue directions to universities that have established university venture development funds relating to when universities must cease issuing certificates, in order to ensure that the total amount owed by the public universities listed in ORS 352.002 to the General Fund at any one time under ORS 351.697 (6) does not exceed $6 million.

      (2) The governing board of a public university with a governing board listed in ORS 352.054 shall adopt a policy that prescribes the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from the university venture development fund operated by the university, including requirements:

      (a) That a grant recipient remain within this state for at least five years following the receipt of a grant or repay the grant plus interest;

      (b) That the university report amounts of tax credit certificates issued by the university and cease issuing certificates until the total amount owed by the public universities listed in ORS 352.002 to the General Fund at any one time under ORS 351.697 (6) does not exceed $6 million; and

      (c) That the university maintain records of income realized by the university as the result of grants made from the fund and records of amounts paid to the General Fund. [2005 c.592 §2; 2007 c.586 §2; 2013 c.768 §78]

 

      Note: The amendments to 351.692 by section 78, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.692. The State Board of Higher Education shall adopt policies that prescribe the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from a university venture development fund, including requirements:

      (1) That a grant recipient remain within this state for at least five years following the receipt of a grant or repay the grant plus interest;

      (2) That each university that establishes a university venture development fund report amounts of tax credit certificates issued by the university and maintain records of income realized by the university as the result of grants made from the fund and records of amounts paid to the General Fund; and

      (3) Under which the Oregon University System is to maintain records and issue directions to universities that have established university venture development funds relating to when universities must cease issuing certificates, in order to ensure that the total amount owed to the General Fund by the Oregon University System at any one time under ORS 351.697 (6) does not exceed $6 million.

 

      Note: 351.692, 351.695 and 351.697 were enacted into law by the Legislative Assembly but were 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.

 

      351.695 University venture development funds; deposit; use; fee. (1) A university within the Oregon University System may deposit moneys received for its university venture development fund in the Higher Education Donation Fund established under ORS 351.130.

      (2) Notwithstanding ORS 351.697 (5), the State Treasurer, as payment for expenses, may deduct a fee pursuant to ORS 293.718 from a university venture development fund administered by a university listed in ORS 352.002 or the Oregon Health and Science University.

      (3) A university listed in ORS 352.002 or the Oregon Health and Science University may direct that moneys credited to its university venture development fund be held and invested by the university’s affiliated foundation. Any moneys held by an affiliated foundation under this section or ORS 351.697 are not subject to the provisions of ORS chapter 293 or 295 and may not be considered public or state funds for any purpose. Moneys transferred to an affiliated foundation under this section or ORS 351.697 may be used only as provided under ORS 351.692, 351.695, 351.697 and 353.445.

      (4) At the request of a university within the Oregon University System, moneys in the Higher Education Donation Fund that were deposited by the university under this section may be transferred to the university’s affiliated foundation.

      (5) A university listed in ORS 352.002 or the Oregon Health and Science University may retain or may elect to have its affiliated foundation retain some or all of the principal contributed to a university venture development fund for investment to perpetuate and increase the moneys available for expenditure. The balance of the fund and the earnings on that balance may be used as provided under ORS 351.692, 351.695, 351.697 and 353.445. [2005 c.592 §7; 2007 c.586 §4; 2013 c.768 §79]

 

      Note: The amendments to 351.695 by section 79, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.695. (1) A university within the Oregon University System may deposit moneys received for its university venture development fund in the Higher Education Donation Fund established under ORS 351.130.

      (2) Notwithstanding ORS 351.697 (5), the State Treasurer, as payment for expenses, may deduct a fee pursuant to ORS 293.718 from a university venture development fund administered by a university within the Oregon University System or the Oregon Health and Science University.

      (3) A university within the Oregon University System or the Oregon Health and Science University may direct that moneys credited to its university venture development fund be held and invested by the university’s affiliated foundation. Any moneys held by an affiliated foundation under this section or ORS 351.697 are not subject to the provisions of ORS chapter 293 or 295 and may not be considered public or state funds for any purpose. Moneys transferred to an affiliated foundation under this section or ORS 351.697 may be used only as provided under ORS 351.692, 351.695, 351.697 and 353.445.

      (4) At the request of a university within the Oregon University System, moneys in the Higher Education Donation Fund that were deposited by the university under this section may be transferred to the university’s affiliated foundation.

      (5) A university within the Oregon University System or the Oregon Health and Science University may retain or may elect to have its affiliated foundation retain some or all of the principal contributed to a university venture development fund for investment to perpetuate and increase the moneys available for expenditure. The balance of the fund and the earnings on that balance may be used as provided under ORS 351.692, 351.695, 351.697 and 353.445.

 

      Note: See second note under 351.692.

 

      351.697 Purpose of funds; disbursement; assessment; report. (1) Each university listed in ORS 352.002 and Oregon Health and Science University may elect to establish a university venture development fund as provided in this section for the purpose of facilitating the commercialization of university research and development. A university shall direct that the university venture development fund be administered, in whole or in part, by the university or by the university’s affiliated foundation.

      (2) The purposes of a university venture development fund are to provide:

      (a) Capital for university entrepreneurial programs;

      (b) Opportunities for students to gain experience in applying research to commercial activities;

      (c) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services;

      (d) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state; and

      (e) Tax credits for contributors to university research commercialization activities.

      (3) Each university that elects to establish a university venture development fund shall:

      (a) Notify the Department of Revenue of the establishment of the fund;

      (b) Either directly or through its affiliated foundation, solicit contributions to the fund and receive, manage and disburse moneys contributed to the fund;

      (c) Subject to ORS 315.521 (1), 351.692 and 353.445 (3), issue tax credit certificates to contributors to the fund in the amount of the contributions;

      (d) Establish a grant program that meets the requirements for a venture grant program under policies adopted under ORS 351.692 by the State Board of Higher Education or the governing board of a public university with a governing board listed in ORS 352.054 or under policies adopted by the Oregon Health and Science University Board of Directors under ORS 353.445; and

      (e) Subject to available moneys from the fund, provide qualified grant applicants with moneys for the purpose of facilitating the commercialization of university research and development.

      (4) Except as provided in subsection (5) of this section, moneys in a university venture development fund shall be disbursed only as directed by a university.

      (5) A university or its affiliated foundation may charge its customary administrative assessment to manage its university venture development fund in an amount not to exceed three percent of the fund’s average balance during the fiscal year of the university or its affiliated foundation. The administrative assessment may be paid from the assets in the fund. Except as authorized by law, no other fees or indirect costs shall be charged against the university venture development fund or any associated grants or other disbursements from the fund.

      (6) A university that has established a university venture development fund shall monitor the use of grants made from the fund and identify the income realized by the university as the result of the use of the grants. Income consists of cash realized from royalties, milestone and license fee payments and cash from the sale of equity. The university shall cause the transfer of 20 percent of the income realized from the grants to the General Fund, but not to exceed the amount of the tax credits issued by the university as a result of contributions to its university venture development fund. Immediately upon deposit of the transferred amount into the General Fund, the university may issue new tax credits to equal the transferred amount.

      (7) A university that has established a university venture development fund shall report annually to the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees on revenue. The report shall be at the end of the fiscal year of the university or of its affiliated foundation and provide information for that fiscal year. The university shall include in the report the following information pertaining to its university venture development fund:

      (a) The amount of donations received for the fund;

      (b) The amount of income received from the fund;

      (c) The amount of disbursements and grants paid from the fund;

      (d) The amount of income and royalties received from disbursements from the fund; and

      (e) The amount of moneys transferred from the fund to the General Fund. [2005 c.592 §1; 2007 c.586 §1; 2013 c.768 §80]

 

      Note: The amendments to 351.697 by section 80, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.697. (1) Each university in the Oregon University System and Oregon Health and Science University may elect to establish a university venture development fund as provided in this section for the purpose of facilitating the commercialization of university research and development. A university shall direct that the university venture development fund be administered, in whole or in part, by the university or by the university’s affiliated foundation.

      (2) The purposes of a university venture development fund are to provide:

      (a) Capital for university entrepreneurial programs;

      (b) Opportunities for students to gain experience in applying research to commercial activities;

      (c) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services;

      (d) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state; and

      (e) Tax credits for contributors to university research commercialization activities.

      (3) Each university that elects to establish a university venture development fund shall:

      (a) Notify the Department of Revenue of the establishment of the fund;

      (b) Either directly or through its affiliated foundation, solicit contributions to the fund and receive, manage and disburse moneys contributed to the fund;

      (c) Subject to ORS 315.521 (1), 351.692 (3) and 353.445 (3), issue tax credit certificates to contributors to the fund in the amount of the contributions;

      (d) Establish a grant program that meets the requirements for a venture grant program under policies adopted by the State Board of Higher Education under ORS 351.692 or under policies adopted by the Oregon Health and Science University Board of Directors under ORS 353.445; and

      (e) Subject to available moneys from the fund, provide qualified grant applicants with moneys for the purpose of facilitating the commercialization of university research and development.

      (4) Except as provided in subsection (5) of this section, moneys in a university venture development fund shall be disbursed only as directed by a university.

      (5) A university or its affiliated foundation may charge its customary administrative assessment to manage its university venture development fund in an amount not to exceed three percent of the fund’s average balance during the fiscal year of the university or its affiliated foundation. The administrative assessment may be paid from the assets in the fund. Except as authorized by law, no other fees or indirect costs shall be charged against the university venture development fund or any associated grants or other disbursements from the fund.

      (6) A university that has established a university venture development fund shall monitor the use of grants made from the fund and identify the income realized by the university as the result of the use of the grants. Income consists of cash realized from royalties, milestone and license fee payments and cash from the sale of equity. The university shall cause the transfer of 20 percent of the income realized from the grants to the General Fund, but not to exceed the amount of the tax credits issued by the university as a result of contributions to its university venture development fund. Immediately upon deposit of the transferred amount into the General Fund, the university may issue new tax credits to equal the transferred amount.

      (7) A university that has established a university venture development fund shall report annually to the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees on revenue. The report shall be at the end of the fiscal year of the university or of its affiliated foundation and provide information for that fiscal year. The university shall include in the report the following information pertaining to its university venture development fund:

      (a) The amount of donations received for the fund;

      (b) The amount of income received from the fund;

      (c) The amount of disbursements and grants paid from the fund;

      (d) The amount of income and royalties received from disbursements from the fund; and

      (e) The amount of moneys transferred from the fund to the General Fund.

 

      Note: See second note under 351.692.

 

FACULTY AND EMPLOYEES

 

      351.700 “Public institution of higher education” defined for ORS 351.704 and 351.708. As used in ORS 351.704 and 351.708, “public institution of higher education” means:

      (1) A community college; or

      (2) A public university listed in ORS 352.002. [2009 c.773 §1; 2011 c.637 §234]

 

      Note: 351.700 to 351.708 were enacted into law by the Legislative Assembly but were 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.

 

      351.704 Health care benefits for part-time faculty. (1) Subject to ORS 351.094 and any group health and welfare insurance benefit plan developed under ORS 351.094, a part-time faculty member at a public institution of higher education is eligible for the same health care benefits as full-time faculty members if the part-time faculty member is eligible for membership in the Public Employees Retirement System or another plan authorized under ORS chapter 238 or 238A by teaching either at a single public institution of higher education or in aggregate at multiple public institutions of higher education during the prior year.

      (2) A part-time faculty member at a public institution of higher education shall pay all insurance premiums for health care benefits unless otherwise provided for by the policy of the institution or by collective bargaining at the institution. [2009 c.773 §2; 2011 c.637 §57]

 

      Note: See note under 351.700.

 

      351.708 Review of employees at public universities and community colleges; report to Legislative Assembly and Governor; content of report. (1) As used in this section, “employee group” means each category of employee employed by a public institution of higher education, including at least categories for:

      (a) Administrative or management employees;

      (b) Faculty employees; and

      (c) Classified or professional nonfaculty employees.

      (2) The State Board of Higher Education shall establish baselines and conduct an annual review of each public university listed in ORS 352.002 with respect to the employment of all employee groups. Each public university shall provide the necessary data for the board’s report prior to September 1 of each year. The board shall use data available from a national post-secondary data collection system within the United States Department of Education. The board shall report the results of the reviews to the Legislative Assembly and the Governor’s office prior to December 1 of each year.

      (3) The Department of Community Colleges and Workforce Development shall determine definitions and data that will be used for annual reviews and conduct an annual review of each community college district with respect to the employment of all employee groups. The department shall use data available from a national post-secondary data collection system within the United States Department of Education. The department shall report the results of the reviews to the Legislative Assembly and the Governor before December 1 of each year.

      (4) An annual review under this section must include:

      (a) Examination of data related to the ratio of instruction provided by the following faculty categories:

      (A) Full-time faculty;

      (B) Part-time faculty; and

      (C) Graduate assistants.

      (b) The pay differential for the faculty categories.

      (c) The average contracted wages for each employee group.

      (d) The number of employees in each employee group within a public university or community college district, and a ratio of the number of employees in each employee group to the number of students enrolled in the university or district, both full-time and part-time.

      (e) The health care and other benefits provided for each faculty category.

      (f) A recommendation on whether a different method of data tracking would improve the ability of the Legislative Assembly to obtain the most precise and relevant data on staffing ratios without placing undue financial burdens on public universities and community colleges. [2009 c.773 §3; 2013 c.729 §1]

 

      Note: See note under 351.700.

 

      351.710 [Amended by 1959 c.459 §1; 1975 c.553 §4; renumbered 348.835]

      351.711 Report on number of employees and supervisory employees at public universities. Not later than July 1 of each year, the State Board of Higher Education shall report to the Legislative Assembly in the manner provided by ORS 192.245:

      (1) For each public university listed in ORS 352.002, the number of employees and the number of full-time equivalent employees of the university in the following categories:

      (a) Supervisory employees, as defined in ORS 243.650 (23), who supervise classified employees covered by a collective bargaining agreement;

      (b) Full-time faculty;

      (c) Part-time faculty; and

      (d) Classified employees.

      (2) The number of supervisory employees as defined in ORS 243.650 (23) and the number of nonsupervisory employees in the office of the Chancellor of the Oregon University System.

      (3) A recommendation on whether a different method of data tracking would improve the ability of the Legislative Assembly to obtain the most precise and relevant data on staffing ratios without placing undue financial burdens on public universities. [2013 c.729 §3]

 

      Note: 351.711 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.

 

HIGHER EDUCATION COORDINATING COMMISSION

 

(Generally)

 

      351.715 Higher Education Coordinating Commission; members; confirmation. (1) There is established a Higher Education Coordinating Commission, consisting of nine voting members appointed by the Governor.

      (2) The Governor shall appoint:

      (a) One member from each of the five congressional districts in this state; and

      (b) Four members of the general public.

      (3) The Governor shall also appoint five nonvoting members to the commission. The Governor shall elicit recommendations for appointments made under this subsection from official student, faculty and nonfaculty staff organizations at community colleges and public universities listed in ORS 352.002. The five nonvoting members of the commission shall consist of:

      (a) One student at a public university listed in ORS 352.002;

      (b) One faculty member at a public university listed in ORS 352.002;

      (c) One student at a community college in this state;

      (d) One faculty member at a community college in this state; and

      (e) One nonfaculty member of the staff from either a public university listed in ORS 352.002 or a community college.

      (4) The term of office of each voting member is four years and the term of office for each nonvoting member is two years. A member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (5) The Governor may at any time, for cause, remove any member of the board that the Governor has appointed, after notice and public hearing, but not more than three members shall be removed within a period of four years, unless it is for corrupt conduct in office.

      (6) The appointment of voting members of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (7) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [2011 c.637 §1; 2013 c.747 §4]

 

      Note: The amendments to 351.715 by section 4, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.715. (1) There is established a Higher Education Coordinating Commission, consisting of 15 members appointed by the Governor.

      (2) The Governor shall appoint:

      (a) One student at a public university listed in ORS 352.002;

      (b) One student at a community college in this state;

      (c) At least one member from each congressional district in this state;

      (d) At least four members who represent employers in Oregon, at least two of whom represent small employers and at least two of whom represent large employers; and

      (e) At least one member who serves on a district school board as defined in ORS 332.002.

      (3) The Governor shall solicit recommendations from the Speaker of the House of Representatives for at least three members and from the President of the Senate for at least three members.

      (4) The Governor may appoint members who satisfy more than one of the qualifications for membership listed in subsection (2) of this section.

      (5) The term of office of each member is four years, except that the term of office for the two student members is two years. A member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (6) The appointment of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (7) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495.

 

      Note: 351.715 to 351.735 were enacted into law by the Legislative Assembly but were 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 6, chapter 747, Oregon Laws 2013, provides:

      Sec. 6. Notwithstanding the term of office specified by ORS 351.715, of the voting members first appointed by the Governor after the effective date of this 2013 Act [August 14, 2013] to the Higher Education Coordinating Commission:

      (1) Three shall serve for a term ending June 30, 2015.

      (2) Three shall serve for a term ending June 30, 2016.

      (3) Three shall serve for a term ending June 30, 2017. [2013 c.747 §6]

 

      Note: Section 2, chapter 637, Oregon Laws 2011, provides:

      Sec. 2. Notwithstanding the term of office specified by ORS 351.715, of the members first appointed to the Higher Education Coordinating Commission:

      (1) Five, including the two student members, appointed for a term originally ending June 30, 2014, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (1) of this 2013 Act [section 6 (1), chapter 747, Oregon Laws 2013].

      (2) Five appointed for a term originally ending June 30, 2015, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (2) of this 2013 Act.

      (3) Five appointed for a term originally ending June 30, 2016, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (3) of this 2013 Act. [2011 c.637 §2; 2013 c.747 §5]

 

      Note: The amendments to section 2, chapter 637, Oregon Laws 2011, by section 5, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      Sec. 2. Notwithstanding the term of office specified by section 1 of this 2011 Act [351.715], of the members first appointed to the Higher Education Coordinating Commission:

      (1) Five, including the two student members, shall serve for a term ending June 30, 2014.

      (2) Five shall serve for a term ending June 30, 2015.

      (3) Five shall serve for a term ending June 30, 2016.

 

      351.718 Qualifications of members. The members of the Higher Education Coordinating Commission must be residents of this state who are well informed on the principles of higher education. [2011 c.637 §3; 2013 c.747 §208; 2013 c.768 §81]

 

      Note: The amendments to 351.718 by section 208, chapter 747, Oregon Laws 2013, and section 81, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013, and section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.718. (1) The members of the Higher Education Coordinating Commission must be residents of this state who are well informed on the principles of higher education.

      (2) A member of the State Board of Higher Education, Oregon Health and Science University Board of Directors or the governing board of a community college district may not serve as a member of the Higher Education Coordinating Commission.

 

      Note: See second note under 351.715.

 

      351.720 [Amended by 1975 c.553 §5; renumbered 348.845]

 

      351.722 Officers; quorum; meetings. (1) The Higher Education Coordinating Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

      (2) A majority of the members of the commission constitutes a quorum for the transaction of business.

      (3) The commission shall meet at least once every three months at a place, day and hour determined by the chairperson. The commission may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [2011 c.637 §4]

 

      Note: See second note under 351.715.

 

      351.725 Executive director; subordinate officers and employees; relationship to Chief Education Officer. (1) The Higher Education Coordinating Commission shall appoint an executive director to:

      (a) Serve at the pleasure of the commission.

      (b) Serve under the direction and control of the Chief Education Officer appointed under section 2, chapter 519, Oregon Laws 2011, for matters related to the design and organization of the state’s education system.

      (2) The appointment of the executive director must be by written order, filed with the Secretary of State.

      (3) Subject to any applicable provisions of ORS chapter 240, the executive director shall appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation. [2011 c.637 §5; 2012 c.36 §6]

 

      Note: The amendments to 351.725 by section 11, chapter 36, Oregon Laws 2012, become operative March 15, 2016. See section 13, chapter 36, Oregon Laws 2012. The text that is operative on and after March 15, 2016, is set forth for the user’s convenience.

      351.725. (1) The Higher Education Coordinating Commission shall appoint an executive director to serve at the pleasure of the commission.

      (2) The appointment of the executive director must be by written order, filed with the Secretary of State.

      (3) Subject to any applicable provisions of ORS chapter 240, the executive director shall appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation.

 

      Note: See second note under 351.715.

 

      351.728 [2011 c.637 §6; repealed by 2013 c.747 §203]

 

      Note: 351.728 is repealed July 1, 2014. See sections 203 and 204, chapter 747, Oregon Laws 2013. 351.728 (2011 Edition) is set forth for the user’s convenience.

      351.728 Rules. In accordance with applicable provisions of ORS chapter 183, the Higher Education Coordinating Commission may adopt rules necessary for the administration of the laws that the commission is charged with administering.

 

      351.730 [Amended by 1975 c.553 §3; renumbered 348.855]

 

      351.732 Advisory and technical committees. (1) The Higher Education Coordinating Commission may establish such advisory and technical committees as it considers necessary to aid and advise the commission in the performance of its functions. These committees may be continuing or temporary committees. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint their members.

      (2) Members of the committees are not entitled to compensation, but at the discretion of the commission may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [2011 c.637 §7]

 

      Note: See second note under 351.715.

 

      351.735 Duties and powers; rules. (1) As used in this section, “student access programs” means scholarship, loan, grant and access programs described in ORS chapter 348.

      (2) The Higher Education Coordinating Commission shall be guided by the legislative findings in ORS 341.009, 351.001 and 351.003 and the goals and mission of post-secondary education set forth in ORS 351.006 and 351.009.

      (3) The Higher Education Coordinating Commission shall:

      (a) Develop state goals and associated achievement compacts for the state post-secondary education system, including community colleges and public universities listed in ORS 352.002, and for student access programs.

      (b) Determine strategic investments in the state’s community colleges, public universities and student access programs necessary to achieve state post-secondary education goals.

      (c) Coordinate the post-secondary elements of data collection and structure, with the advice and recommendation of the state’s community colleges and public universities, as appropriate, in order to construct a state longitudinal data system.

      (d) Adopt a strategic plan for achieving state post-secondary education goals, taking into consideration the contributions of this state’s independent institutions, philanthropic organizations and other organizations dedicated to helping Oregonians reach state goals. State post-secondary education goals as described in this section should include, but need not be limited to:

      (A) Increasing the educational attainment of the population;

      (B) Increasing this state’s global economic competitiveness and the quality of life of its residents;

      (C) Ensuring affordable access for qualified Oregon students at each college or public university;

      (D) Removing barriers to on-time completion; and

      (E) Tracking progress toward meeting the state’s post-secondary education goals established in the strategic plan described in this paragraph.

      (e)(A) Each biennium, after receiving funding requests from the state’s community colleges and public universities as authorized by law, recommend to the Governor a consolidated higher education budget request aligned with the strategic plan described in subsection (3)(d) of this section, including appropriations for:

      (i) Student access programs;

      (ii) Public universities listed in ORS 352.002, including but not limited to education and general operations, statewide public services and state-funded debt service;

      (iii) Community colleges, including but not limited to education and general operations and state-funded debt service;

      (iv) New facilities or programs;

      (v) Capital improvements and deferred maintenance; and

      (vi) Special initiatives and investments.

      (B) In the development of the consolidated higher education budget request:

      (i) Determine the costs necessary to provide quality post-secondary education;

      (ii) Solicit input from educators, education policy experts, appropriate legislative committees, students and other persons interested in the development of the funding model; and

      (iii) Solicit public input regarding educational priorities.

      (f) Adopt rules governing the distribution of appropriations from the Legislative Assembly to community colleges, public universities listed in ORS 352.002 and student access programs. These rules must be based on allocation formulas developed in consultation with the state’s community colleges and public universities, as appropriate.

      (g) Approve or disapprove any significant change to the academic program of a community college or a public university listed in ORS 352.002. In reaching a decision under this paragraph, the commission shall consider the recommendation from the community college or public university seeking to make the change to an academic program that is issued pursuant to the obligation of the governing board of a community college or public university to review and approve academic programs. The commission shall ensure that approved programs:

      (A) Are consistent with the mission statement of the community college or public university;

      (B) Do not unnecessarily duplicate academic programs offered by Oregon’s other community colleges or public universities;

      (C) Are not located in a geographic area that will cause undue hardship to Oregon’s other community colleges or public universities; and

      (D) Are allocated among Oregon’s community colleges and public universities to maximize the achievement of statewide needs and requirements.

      (h) For public universities listed in ORS 352.002:

      (A) Approve the mission statement adopted by a governing board of a public university or by the State Board of Higher Education.

      (B) Review and determine whether a proposed annual increase of resident undergraduate enrollment fees, as described in ORS 351.063, of greater than five percent is appropriate.

      (C) Advise the Governor and the Legislative Assembly on issues of university governance.

      (D) Approve and authorize degrees.

      (i) Authorize degrees to be offered by independent post-secondary institutions in this state under ORS 348.594 to 348.615.

      (j) Oversee the licensing of career schools under ORS 345.010 to 345.450.

      (4) In addition to the duties described in subsections (2) and (3) of this section, the Higher Education Coordinating Commission shall advise the Legislative Assembly, the Governor, community colleges, public universities and other state boards and commissions on policies in order to:

      (a) Ensure or improve access to higher education by diverse and underserved populations.

      (b) Encourage student success and completion initiatives.

      (c) Improve the coordination of the provision of educational services, including:

      (A) Transfers and coenrollment throughout the higher education system;

      (B) Accelerated college credit programs for high school students;

      (C) Applied baccalaureate and other transfer degrees;

      (D) Programs and grants that span multiple institutions; and

      (E) Reciprocity agreements with other states.

      (d) In coordination with the State Board of Education, enhance the use and quality of dual credit, career and technical pathways and efforts to create a culture of college attendance in this state.

      (e) In coordination with the State Workforce Investment Board, local workforce investment boards, the Oregon Health and Science University and independent institutions, ensure that the state’s colleges and universities offer programs in high-demand occupations that meet Oregon’s workforce needs.

      (f) Improve economies of scale by encouraging and facilitating the use of the shared services among post-secondary institutions in this state.

      (5) The Higher Education Coordinating Commission, in a manner consistent with ORS chapter 183, may adopt administrative rules.

      (6) With the exception of the rulemaking authority granted in subsection (5) of this section, the Higher Education Coordinating Commission may delegate any of its powers, duties or functions to a committee of the commission or to the executive director of the commission.

      (7) The Higher Education Coordinating Commission may establish technical or advisory committees to assist the commission in exercising its powers, duties and functions.

      (8) The Higher Education Coordinating Commission may exercise only powers, duties and functions expressly granted by the Legislative Assembly. Except as otherwise expressly provided by law, all other authorities reside at the institutional level with the respective boards of the post-secondary institutions. [2011 c.637 §8; 2012 c.104 §§1,3,5; 2013 c.747 §§1,2,3]

 

      Note: The amendments to 351.735 by section 5, chapter 104, Oregon Laws 2012, and section 3, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 6, chapter 104, Oregon Laws 2012 (repealed by section 203, chapter 747, Oregon Laws 2013, on July 1, 2014), and section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by sections 1 and 3, chapter 104, Oregon Laws 2012, is set forth for the user’s convenience.

      351.735. (1) The Higher Education Coordinating Commission shall advise the Oregon Education Investment Board on state goals and associated achievement compacts for the state post-secondary education system, including community colleges and public universities listed in ORS 352.002, and for the Oregon Student Access Commission.

      (2) Under the direction and control of the Oregon Education Investment Board, the Higher Education Coordinating Commission shall:

      (a) Develop a strategic plan for achieving state higher education goals, identifying priority areas for attention and taking into consideration the contributions of this state’s independent institutions and other organizations dedicated to helping Oregonians reach state goals. Goals should include, but need not be limited to:

      (A) Increasing the educational attainment of the population;

      (B) Increasing this state’s global economic competitiveness and the quality of life of its citizens;

      (C) Ensuring affordable access for qualified Oregon students at each college or public university; and

      (D) Ensuring that public higher education in this state is provided in a cost-effective manner.

      (b) Evaluate and recommend changes to statutory goals and missions described for community colleges in ORS 341.009 and for public universities in ORS 351.003 and 351.009 after receiving recommendations from the appropriate governing board. The appropriate governing board shall have decision-making authority over program offerings to implement established goals and missions.

      (c) Develop a finance model for higher education aligned with the goals in the system strategic plan, including:

      (A) Recommended biennial appropriations to institutions, including a component specifically tied to institutional contributions to state educational priorities;

      (B) Recommended limits regarding the setting of tuition rates at public universities listed in ORS 352.002 in accordance with criteria set by the State Board of Higher Education, with the goal of encouraging tuition affordability for students;

      (C) Tuition rates set by each community college governing board for community colleges in this state;

      (D) Recommended biennial appropriations for student financial aid; and

      (E) Recommended biennial appropriations for any future statewide higher education initiatives.

      (d) Each biennium, recommend to the Oregon Education Investment Board a consolidated higher education budget request consistent with the finance model, including appropriations for:

      (A) Ongoing operations of the Oregon Student Access Commission;

      (B) Ongoing operations for the Oregon University System;

      (C) Ongoing operations for community colleges;

      (D) Needed new facilities or programs; and

      (E) Capital improvements.

      (e) Coordinate with the Oregon Student Access Commission to maximize the effectiveness of student financial assistance programs, including the Oregon Opportunity Grant program under ORS 348.260.

      (f) Approve and authorize degrees for the Oregon University System.

      (g) Authorize degrees to be offered in this state in accordance with ORS 348.594 to 348.615, and adopt any rules to implement that authority.

      (3) In addition to the duties described in subsections (1) and (2) of this section, the Higher Education Coordinating Commission shall:

      (a) Develop and recommend policies to ensure or improve access to higher education by underserved populations.

      (b) Recommend and encourage student success and completion initiatives.

      (c) Develop and recommend policies to improve the coordination of the provision of educational services, including:

      (A) Transfers and other movements throughout the higher education system;

      (B) Accelerated college credit programs for high school students;

      (C) Applied baccalaureate and other transfer degrees; and

      (D) Reciprocity agreements with other states.

      (d) Review research efforts among the public universities of this state to improve economic development in this state.

      (e) Coordinate education initiatives with the State Workforce Investment Board, the Department of Community Colleges and Workforce Development, local workforce investment boards, the Oregon Health and Science University and independent institutions of post-secondary education.

      (f) Oversee the licensing of career schools under ORS 345.010 to 345.450.

 

      Note: See second note under 351.715.

 

      351.738 [2011 c.637 §8a; repealed by 2013 c.747 §203]

 

      Note: 351.738 is repealed July 1, 2014. See sections 203 and 204, chapter 747, Oregon Laws 2013. 351.738 (2011 Edition) is set forth for the user’s convenience.

      351.738 Delegation of powers. The Higher Education Coordinating Commission may delegate any of the actions listed in ORS 351.735 to its executive director.

 

      351.740 [Renumbered 348.865]

 

      351.745 Ability of Higher Education Coordinating Commission to accept and deposit moneys or property and to apply for federal funds. The Higher Education Coordinating Commission may:

      (1) Consistent with the laws of this state, accept money or property not otherwise provided for under subsection (2) of this section that is donated for the use or benefit of community colleges and use such money or property for the purpose for which it was donated. Until it is used, the commission shall deposit any moneys received under this subsection in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275.

      (2) Apply for federal funds and accept and enter into any contracts or agreements on behalf of this state for the receipt of such funds from the federal government or its agencies for:

      (a) Educational purposes;

      (b) Career and technical education programs at community colleges;

      (c) Adult education programs;

      (d) Workforce training programs; and

      (e) Any grants available to this state or its political subdivisions for general federal aid for community colleges and their auxiliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the commission and any other educational activities under the jurisdiction of the commission. [2013 c.747 §8]

 

      Note: 351.745 becomes operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013.

 

      Note: 351.745 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.

 

      351.750 [Renumbered 348.875]

 

      351.751 Coordination between Higher Education Coordinating Commission, State Board of Higher Education, community college districts and independent for-profit and not-for-profit institutions of higher education; common goals; advisory committee; annual reporting. (1) The Higher Education Coordinating Commission shall work with the State Board of Higher Education, community college districts and independent for-profit and not-for-profit institutions of higher education to carry out the following goals:

      (a) Increase the number of students who receive academic credit for prior learning and the number of students who receive academic credit for prior learning that counts toward their major or toward earning their degree, certificate or credential, while ensuring that credit is awarded only for high quality course-level competencies;

      (b) Increase the number and type of academic credits accepted for prior learning in institutions of higher education, while ensuring that credit is awarded only for high quality course-level competencies;

      (c) Develop transparent policies and practices in awarding academic credit for prior learning to be adopted by the governing boards of public universities, community colleges and independent institutions of higher education;

      (d) Improve prior learning assessment practices across all institutions of higher education;

      (e) Create tools to develop faculty and staff knowledge and expertise in awarding academic credit for prior learning and to share exemplary policies and practices among institutions of higher education;

      (f) Develop articulation agreements when patterns of academic credit for prior learning are identified for particular programs and pathways; and

      (g) Develop outcome measures to track progress on the goals outlined in this section.

      (2) The Higher Education Coordinating Commission shall appoint an advisory committee to coordinate implementation of the goals in subsection (1) of this section. The committee shall include:

      (a) A member recommended for appointment by the State Board of Higher Education representing public universities in this state.

      (b) A member recommended for appointment by the Commissioner for Community College Services representing community colleges in this state.

      (c) A member representing independent not-for-profit institutions of higher education located in this state.

      (d) A member representing for-profit institutions of higher education offering degree programs to students in this state.

      (e) A member representing the business community.

      (f) A member representing the labor community.

      (g) A member who is a student at a two-year or four-year institution of higher education located in this state.

      (h) Other members appointed by the Higher Education Coordinating Commission based upon a demonstrated interest in and knowledge of prior learning programs.

      (3) The Higher Education Coordinating Commission shall submit an annual report to the Legislative Assembly no later than December 31 of each calendar year, in the manner prescribed by ORS 192.245, reporting on progress toward meeting the goals set forth in subsection (1) of this section.

      (4) For the purposes of this section, “prior learning” means the knowledge and skills gained through work and life experience, through military training and experience and through formal and informal education and training from institutions of higher education in the United States and in other nations. [2012 c.96 §1; 2013 c.747 §184]

 

      Note: The amendments to 351.751 by section 184, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.751. (1) The Higher Education Coordinating Commission shall work with the State Board of Higher Education, community college districts and independent for-profit and not-for-profit institutions of higher education to carry out the following goals:

      (a) Increase the number of students who receive academic credit for prior learning and the number of students who receive academic credit for prior learning that counts toward their major or toward earning their degree, certificate or credential, while ensuring that credit is awarded only for high quality course-level competencies;

      (b) Increase the number and type of academic credits accepted for prior learning in institutions of higher education, while ensuring that credit is awarded only for high quality course-level competencies;

      (c) Develop transparent policies and practices in awarding academic credit for prior learning to be adopted by the governing boards of public universities, community colleges and independent institutions of higher education;

      (d) Improve prior learning assessment practices across all institutions of higher education;

      (e) Create tools to develop faculty and staff knowledge and expertise in awarding academic credit for prior learning and to share exemplary policies and practices among institutions of higher education;

      (f) Develop articulation agreements when patterns of academic credit for prior learning are identified for particular programs and pathways; and

      (g) Develop outcome measures to track progress on the goals outlined in this section.

      (2) The Higher Education Coordinating Commission shall appoint an advisory committee to coordinate implementation of the goals in subsection (1) of this section. The committee shall include:

      (a) A member recommended for appointment by the State Board of Higher Education representing public universities in this state.

      (b) A member recommended for appointment by the State Board of Education representing community colleges in this state.

      (c) A member representing independent not-for-profit institutions of higher education located in this state.

      (d) A member representing for-profit institutions of higher education offering degree programs to students in this state.

      (e) A member representing the business community.

      (f) A member representing the labor community.

      (g) A member who is a student at a two-year or four-year institution of higher education located in this state.

      (h) Other members appointed by the Higher Education Coordinating Commission based upon a demonstrated interest in and knowledge of prior learning programs.

      (3) The Higher Education Coordinating Commission shall submit an annual report to the Legislative Assembly no later than December 31 of each calendar year, in the manner prescribed by ORS 192.245, reporting on progress toward meeting the goals set forth in subsection (1) of this section.

      (4) For the purposes of this section, “prior learning” means the knowledge and skills gained through work and life experience, through military training and experience and through formal and informal education and training from institutions of higher education in the United States and in other nations.

 

      Note: 351.751 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.

 

(Department of Community Colleges and Workforce Development)

 

      351.755 Department to function under Higher Education Coordinating Commission; rules. (1) The Department of Community Colleges and Workforce Development shall function under the direction and control of the Higher Education Coordinating Commission with the Commissioner for Community College Services serving as an administrative officer for community college matters.

      (2) The Department of Community Colleges and Workforce Development, in consultation with the Education and Workforce Policy Advisor and pursuant to ORS chapter 183, may adopt any rules necessary for the administration of laws related to the federal Workforce Investment Act that the department is charged with administering. [Formerly 326.370]

 

      Note: The amendments to 351.755 (formerly 326.370) by section 39, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      351.755. (1) The Department of Community Colleges and Workforce Development shall function under the direction and control of the State Board of Education with the Commissioner for Community College Services serving as an administrative officer for community college matters.

      (2) The Department of Community Colleges and Workforce Development, in consultation with the Education and Workforce Policy Advisor and pursuant to ORS chapter 183, may adopt any rules necessary for the administration of laws related to the federal Workforce Investment Act that the department is charged with administering.

 

      Note: 351.755 to 351.768 were enacted into law by the Legislative Assembly but were 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.

 

      351.758 Department of Community Colleges and Workforce Development Account. (1) The Department of Community Colleges and Workforce Development Account is established separate and distinct from the General Fund. Except for moneys otherwise designated by statute, all fees, assessments and other moneys received by the Department of Community Colleges and Workforce Development shall be deposited into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law.

      (2) The department may accept gifts, grants and donations from any source to carry out the duties imposed upon the department. Moneys received under this subsection shall be paid into the account.

      (3) The department shall keep a record of all moneys deposited into the account. The record shall indicate by separate cumulative subaccounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

      (4) Disbursements from the account shall be made as directed by the department. [Formerly 326.373]

 

      Note: See second note under 351.755.

 

      351.760 [Renumbered 348.885]

 

      351.762 Commissioner for Community College Services. (1) The executive director of the Higher Education Coordinating Commission shall appoint a Commissioner for Community College Services who shall:

      (a) Serve at the pleasure of the executive director.

      (b) Serve under the direction and control of the Chief Education Officer appointed under section 2, chapter 519, Oregon Laws 2011, for matters related to the design and organization of the state’s education system.

      (2) The commissioner shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the Higher Education Coordinating Commission under this section and ORS 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933.

      (3) The commissioner shall:

      (a) Be the executive head of the Department of Community Colleges and Workforce Development.

      (b) Direct and supervise all activities of the Department of Community Colleges and Workforce Development.

      (c) Hire staff, as authorized by the executive director of the Higher Education Coordinating Commission to assist in carrying out the duties of the commissioner. The staff shall be considered employees of the Department of Community Colleges and Workforce Development for purposes of ORS chapters 240 and 243.

      (d) Be responsible directly to:

      (A) The executive director of the Higher Education Coordinating Commission for those duties enumerated in ORS chapter 341.

      (B) The Chief Education Officer for matters related to the design and organization of the state’s education system.

      (4) The commissioner, with approval of the executive director of the Higher Education Coordinating Commission, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agencies and others. The commissioner, with the approval of the executive director, shall be responsible for submitting community college budget requests and budget reports for the Department of Community Colleges and Workforce Development to the Legislative Assembly. The commission shall ensure that the budget request for community colleges and for the Department of Community Colleges and Workforce Development are separate and distinct from its other requests to the Legislative Assembly. [Formerly 326.375]

 

      Note 1: The amendments to 351.762 (formerly 326.375) by section 185, chapter 747, Oregon Laws 2013, become operative July 1, 2014. See section 204, chapter 747, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 3, chapter 36, Oregon Laws 2012, is set forth for the user’s convenience.

      351.762. (1) The State Board of Education shall appoint a Commissioner for Community College Services who shall:

      (a) Serve at the pleasure of the board.

      (b) Serve under the direction and control of the Chief Education Officer appointed under section 2, chapter 519, Oregon Laws 2011, for matters related to the design and organization of the state’s education system.

      (2) The commissioner shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the board under ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933.

      (3) The commissioner shall:

      (a) Be the executive head of the Department of Community Colleges and Workforce Development.

      (b) Direct and supervise all activities of the Department of Community Colleges and Workforce Development.

      (c) Hire staff, as authorized by the State Board of Education to assist in carrying out the duties of the commissioner. The staff shall be considered employees of the Department of Community Colleges and Workforce Development for purposes of ORS chapters 240 and 243.

      (d) Be responsible directly to:

      (A) The State Board of Education for those duties enumerated in ORS chapter 341.

      (B) The Chief Education Officer for matters related to the design and organization of the state’s education system.

      (4) The commissioner, with approval of the State Board of Education, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agencies and others. The commissioner, with the approval of the state board, shall be responsible for submitting community college budget requests and budget reports for the Department of Community Colleges and Workforce Development to the Legislative Assembly. The state board shall ensure that the budget request for community colleges and for the Department of Community Colleges and Workforce Development are separate and distinct from its other requests to the Legislative Assembly.

 

      Note 2: The amendments to 351.762 (formerly 326.375) by section 9, chapter 36, Oregon Laws 2012, become operative March 15, 2016. See section 13, chapter 36, Oregon Laws 2012. The text that is operative on and after March 15, 2016, including amendments by section 186, chapter 747, Oregon Laws 2013, is set forth for the user’s convenience.

      351.762. (1) The executive director of the Higher Education Coordinating Commission shall appoint a Commissioner for Community College Services who shall serve at the pleasure of the executive director.

      (2) The commissioner shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the Higher Education Coordinating Commission under this section and ORS 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933.

      (3) The commissioner shall:

      (a) Be the executive head of the Department of Community Colleges and Workforce Development.

      (b) Direct and supervise all activities of the Department of Community Colleges and Workforce Development.

      (c) Hire staff, as authorized by the executive director of the Higher Education Coordinating Commission to assist in carrying out the duties of the commissioner. The staff shall be considered employees of the Department of Community Colleges and Workforce Development for purposes of ORS chapters 240 and 243.

      (d) Be responsible directly to the executive director of the Higher Education Coordinating Commission for those duties enumerated in ORS chapter 341.

      (4) The commissioner, with approval of the executive director of the Higher Education Coordinating Commission, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agencies and others. The commissioner, with the approval of the executive director, shall be responsible for submitting community college budget requests and budget reports for the Department of Community Colleges and Workforce Development to the Legislative Assembly. The commission shall ensure that the budget request for community colleges and for the Department of Community Colleges and Workforce Development are separate and distinct from its other requests to the Legislative Assembly.

 

      Note 3: See second note under 351.755.

 

      351.764 Advanced Technology Education and Training Fund. There is created within the State Treasury, separate and distinct from the General Fund, the Advanced Technology Education and Training Fund. Moneys in the fund are continuously appropriated to the Department of Community Colleges and Workforce Development for the purpose of making grants and loans for the provision of advanced technology education and training opportunities under ORS 351.766. [Formerly 326.380]

 

      Note: See second note under 351.755.

 

      351.765 [1957 c.409 §§1,2; 1959 c.566 §6; 1959 c.641 §37; renumbered 352.370]

 

      351.766 Advanced technology education and training grants and loans; rules. (1) The Department of Community Colleges and Workforce Development shall establish by rule a process for making grants or loans to public-private partnerships to provide advanced technology education and training opportunities. The purpose of the grants and loans is to support the development and implementation of public-private partnerships to provide advanced technology education and training opportunities in all business and industry sectors for individuals in communities throughout Oregon. The partnerships shall be between public and private entities and may include joint ventures among business and industry, school districts, education service districts, eligible post-secondary institutions as defined in ORS 348.180 and public bodies as defined in ORS 174.109.

      (2) A public-private partnership that receives a grant or loan under this section must provide advanced technology education and training opportunities that:

      (a) Address current and future workforce development needs dictated by Oregon’s rapidly changing economy;

      (b) Facilitate sustainable and dynamic economic development in communities by creating flexible opportunities for workforce development;

      (c) Establish results oriented, collaborative investments of public and private resources in communities throughout Oregon;

      (d) Ensure that Oregon’s capacity for economic growth and vitality is not limited by a lack of opportunities for workforce development; and

      (e) Provide support to existing community efforts to establish innovative strategies for delivering advanced technology education and training.

      (3) The process established by the department for making grants and loans shall ensure that:

      (a) Local communities are informed about the availability of the grants and loans;

      (b) Advanced technology education and training projects are geographically distributed throughout Oregon;

      (c) There is equal opportunity for urban and rural access to quality education and training opportunities;

      (d) Representatives of related, ongoing community efforts assist in the implementation of advanced technology education and training projects; and

      (e) Procedures and timelines are designed to minimize barriers to receiving funds.

      (4) When considering applications for grants and loans, the department shall give priority to advanced technology education and training projects that:

      (a) Provide or increase access for individuals to advanced technology education and training through the efforts of local and regional career centers and partnerships and distance education technology available locally and regionally;

      (b) In combination with other projects receiving funds, contribute to advanced technology education and training opportunities in every part of the state;

      (c) Use federal funds;

      (d) Have widespread community support as evidenced by a memorandum of agreement or similar documentation;

      (e) Represent an effective sharing of resources through public-private partnerships among business and industry, school districts, education service districts, eli