Bill Text: OR HB4086 | 2012 | Regular Session | Introduced
Bill Title: Relating to higher education; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4086 Detail]
Download: Oregon-2012-HB4086-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 210
House Bill 4086
Sponsored by Representatives BARNHART, HOYLE; Representatives
BEYER, HOLVEY, MCLANE, NATHANSON, OLSON, PARRISH, Senators
BEYER, DEVLIN, EDWARDS, PROZANSKI (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes University of Oregon and Portland State University
as independent public universities, governed by university boards
of directors.
Empowers Oregon Education Investment Board to adopt performance
benchmarks to be achieved by University of Oregon and Portland
State University.
Requires Oregon Education Investment Board to ratify selection
of university president for University of Oregon and Portland
State University and to approve tuition and fee increases greater
than five percent annually.
Requires universities to get approval from Higher Education
Coordinating Commission for new degree programs and policies for
transfer of credits.
Allows universities to obtain insurance. Requires universities
to adhere to existing collective bargaining agreements, unless
modifications are collectively bargained, and to collectively
bargain employee benefit plans. Allows universities to issue
revenue bonds, subject to approval by Oregon Education Investment
Board, and enter into credit enhancement agreements and financing
agreements. Allows universities to sue and be sued, make all
necessary or convenient contracts and do any other act in
relation to university property and matters of university
concern.
Directs Oregon Education Investment Board to report to
Legislative Assembly before December 1, 2016, on impact of higher
education governance changes and recommend further changes if
necessary.
Removes sunset for Oregon Education Investment Board.
Becomes operative on July 1, 2012. Directs university
presidents to assume jurisdiction of universities on July 1,
2013.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to higher education; creating new provisions; creating
new provisions; amending ORS 21.007, 30.264, 30.864, 36.145,
36.150, 36.155, 131.594, 181.871, 182.122, 182.415, 183.635,
184.475, 184.477, 184.631, 190.410, 192.501, 205.450, 205.455,
238.005, 238.200, 238.215, 238A.005, 240.185, 243.105, 243.107,
243.778, 243.820, 243.850, 243.910, 243.945, 244.050, 270.100,
270.110, 273.785, 276.227, 276.229, 276.610, 276.612, 279A.025,
282.076, 283.143, 284.633, 284.701, 284.735, 285B.168,
285B.174, 286A.001, 286A.700, 287A.001, 291.038, 291.055,
292.043, 307.095, 307.110, 310.155, 326.543, 326.587, 332.114,
332.155, 337.500, 337.511, 338.005, 338.115, 339.331, 339.336,
339.885, 340.005, 340.310, 341.430, 341.440, 342.144, 342.147,
342.443, 344.259, 344.557, 344.753, 348.005, 348.010, 348.180,
348.205, 348.270, 348.282, 348.394, 348.470, 348.597, 348.890,
348.900, 348.910, 351.015, 351.509, 351.511, 351.517, 351.518,
351.519, 351.521, 351.538, 351.539, 351.642, 351.649, 351.656,
351.658, 351.695, 351.697, 351.700, 351.704, 351.708, 351.718,
351.735, 351.810, 351.820, 351.840, 352.002, 352.021, 352.043,
352.046, 352.048, 352.049, 352.051, 352.063, 352.066, 352.068,
352.071, 352.074, 353.440, 353.600, 353.603, 357.004, 357.203,
408.095, 431.690, 433.090, 461.543, 541.932, 634.660, 659.850,
659.860, 660.315, 660.358, 679.020, 696.182, 743.550, 759.445,
815.080, 820.100, 820.110, 820.120, 820.130 and 820.150 and
section 3, chapter 797, Oregon Laws 2001, sections 13, 14, 15
and 17, chapter 761, Oregon Laws 2007, and sections 22 and 24,
chapter 904, Oregon Laws 2009; repealing ORS 352.035 and
section 10, chapter 519, Oregon Laws 2011; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
UNIVERSITY OF OREGON + }
SECTION 1. { + As used in sections 1 to 52 of this 2012 Act:
(1) 'Board' means the University of Oregon Board of Directors
established under section 4 of this 2012 Act.
(2) 'University' means the University of Oregon public
university established under section 2 of this 2012 Act. + }
SECTION 2. { + (1) The University of Oregon is established as
a public university and shall be governed by the University of
Oregon Board of Directors. The board may exercise authority over
matters of university concern to the fullest extent allowed by
Constitutions and laws of the United States and this state, as
fully as if each particular power comprised in that general
authority were specifically listed in sections 1 to 52 of this
2012 Act. The board may delegate and provide for the further
delegation of any of its powers and authorities.
(2) The powers granted by this section are in addition to any
other power granted to the University of Oregon in sections 1 to
52 of this 2012 Act and may not be construed to limit or qualify
any such power. The powers granted by this section shall be
liberally construed to the end that the board shall have all
powers over matters of university concern that is possible for it
to have under the Constitutions and laws of the United States and
this state.
(3) The university is an instrumentality of state government,
performing governmental functions and exercising governmental
powers. The university is independent, has statewide purposes and
is without territorial boundaries. The university is a state
institution of higher education, but is not an agency, department
or division of the state, a unit of local or municipal government
or part of the executive branch, except as set forth in sections
1 to 52 of this 2012 Act.
(4)(a) A claim against the university is not a claim against
the State of Oregon. A debt or obligation of the university is
not a debt or obligation of the State of Oregon. Claims against
the university and obligations of the university are not
recoverable from the assets and funds of the State of Oregon.
(b) The university is not authorized to act in the name of the
State of Oregon and attorneys representing the university do not
represent the state.
(5) Nothing in sections 1 to 52 of this 2012 Act may be
construed as a waiver by the university of any form of defense or
immunity, whether it be sovereign immunity, governmental
immunity, immunity based upon the Eleventh Amendment to the
Constitution of the United States or immunity from any claim or
from the jurisdiction of any court. + }
SECTION 3. { + (1) It shall be the policy of the University of
Oregon as a public university:
(a) To serve the people of this state by educating citizens of
the state, region, nation and world;
(b) To provide:
(A) An educational environment that stimulates creative
inquiry, critical thinking, clear communication and original
scholarship by and for the benefit of students, faculty, staff
and the greater community; and
(B) Education, research and service that contribute to the
development of new knowledge and the enhancement of the culture
and economy of this state;
(c) To encourage the preservation, enhancement and
dissemination of knowledge and culture;
(d) To provide individuals with the tools for a lifetime of
learning so as to allow them to enhance their quality of life,
contribute to civic discourse and civil society and participate
effectively in a global society;
(e) To create an educated workforce that keeps the Oregon
economy innovative and competitive;
(f) To provide public service activities that engage the
professional expertise of faculty to solve society's problems;
(g) To share with this state many services and cultural
activities of immense importance to the quality of life enjoyed
by Oregonians and others; and
(h) To strive for excellence in all of its endeavors while
maintaining institutional integrity.
(2) The university shall carry out the policies of this section
in the manner that, in the determination of the University of
Oregon Board of Directors, best promotes the welfare of the
people of this state. + }
SECTION 4. { + (1) There is established a University of Oregon
Board of Directors, consisting of 15 members.
(2) The membership of the board shall be as follows:
(a) Twelve members appointed by the Governor and confirmed by
the Senate in the manner prescribed in ORS 171.562 and 171.565.
These members shall include one student enrolled at the
University of Oregon, one regular employee, as defined in ORS
240.015, of the university and one faculty member of the
university. When appointing the faculty member, the Governor
shall consider recommendations from the university faculty. When
appointing the student member, the Governor shall consider
recommendations from a general student association recognized by
the University of Oregon.
(b) One member who is a nonstudent member of the Oregon
Education Investment Board, appointed by the Oregon Education
Investment Board.
(c) One member who is a member of the University of Oregon
Foundation Board of Trustees, appointed by the University of
Oregon Board of Directors in consultation with the foundation
board of trustees.
(d) The president of the university, who shall be a nonvoting
member.
(3) The board may appoint other nonvoting members as it deems
in the best interests of the university.
(4)(a) Except for the president of the university, the term of
office of each nonstudent member is four years. The term of
office of the student member is two years.
(b) Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins
on July 1 next following. A member is eligible for reappointment
for one additional term.
(c) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become effective for the
remainder of the unexpired term.
(d) A student enrolled at the university may not be appointed
to, or continue to serve on, the board unless the student is in
good standing pursuant to bylaws or policies of the board.
(5) Except as provided in subsection (2)(a) of this section, a
voting member may not be an employee of the university, the
Oregon University System or the State of Oregon.
(6) The board shall select one of its members as the
chairperson, another as vice chairperson and another as
secretary, for such terms and with such duties and powers as the
board considers necessary for performance of the functions of
those offices. The board shall adopt bylaws for its governance,
including provisions specifying how a quorum is constituted and
when a quorum is necessary.
(7) The board shall meet at least once every three months on
the university campus. Board members may participate in the
meeting electronically as provided in ORS 192.610 to 192.690. The
board shall meet at such other times and places specified by the
chairperson or by a majority of the members of the board.
(8) An appointing authority may remove any member appointed by
the authority at any time for cause, after notice and public
hearing. + }
SECTION 5. { + Notwithstanding the terms of office specified
in section 4 of this 2012 Act, of the members first appointed to
the University of Oregon Board of Directors, other than the
president of the University of Oregon:
(1) Seven members appointed by the Governor, including the
student member, shall serve for terms ending June 30, 2015; and
(2) The following shall serve for terms ending June 30, 2017:
(a) Five members appointed by the Governor, including the
faculty member and the regular employee, as defined in ORS
240.015, of the university;
(b) The member appointed by the Oregon Education Investment
Board; and
(c) The member appointed in consultation with the University of
Oregon Foundation Board of Trustees. + }
SECTION 6. { + The Governor and the Oregon Education
Investment Board shall appoint members to the University of
Oregon Board of Directors pursuant to section 4 (2)(a) and (b) of
this 2012 Act no later than July 15, 2012. These board members
shall appoint the board member described in section 4 (2)(c) of
this 2012 Act no later than 60 days after confirmation of the
gubernatorial appointees by the Senate. + }
SECTION 7. { + (1) The University of Oregon Board of Directors
may, within or outside the state, do all things necessary or
convenient involving matters of concern to the University of
Oregon, including without limitation the following:
(a) Enact any and all policies for the governance of the
university, which, to the extent set forth in those policies,
shall have the force of law and may be enforced through
university procedures and in any court of competent jurisdiction.
(b) Hire and employ personnel and prescribe all conditions of
employment, including but not limited to compensation, benefits
and tenure.
(c) Enter into any and all contracts and agreements with any
public or private entity.
(d) Enter into any partnership, joint venture or other business
arrangement and create and participate fully in the operation of
any business structure or organization.
(e) Borrow money and issue debt of any kind and pledge revenue
to repay any loan or indebtedness.
(f) Acquire, purchase, purchase on a contractual basis, borrow,
receive, own, hold, control, convey, sell, manage, operate,
lease, lease-purchase, license, lend, invest in, issue, improve,
develop, use, expend and dispose of personal property, including
intellectual property, of any nature, tangible or intangible.
(g) Acquire, purchase, purchase on a contractual basis, borrow,
receive, own, hold, control, convey, sell, manage, operate,
lease, lease-purchase, license, lend, invest in, improve,
develop, use, expend and dispose of real property.
(h) Sue and be sued and issue and enforce subpoenas in the
board's name.
(i) Obtain and receive gifts, bequests and donations for the
benefit of the university and, subject to the terms of the gift,
retain, invest and use such gifts as deemed appropriate by the
university or the board. The board may assess a reasonable
management fee against all gifts, bequests and donations and the
earnings thereon.
(j) Acquire, purchase, accept, borrow, receive, own, hold,
deposit, pledge, control, convey, manage, use, lend, expend and
invest all funds, appropriations, instruments, earnings and
revenue. The authority under this paragraph includes accepting
and expending funds from the United States Government for any
purpose. The board may deposit any and all funds,
appropriations, instruments, earnings and revenue in any
financial institution and retain all interest, earnings, and
appreciation accruing from such deposits.
(k) Erect, construct, improve, remodel, develop, repair,
maintain, equip, furnish, lease, lend, convey, sell, manage,
operate, use and dispose of any building, structure, land or
project.
(L) Except as provided in ORS 243.105 to 243.585, acquire any
and all insurance, operate a self-insurance program or otherwise
arrange for the equivalent of insurance coverage of any nature or
type.
(m) Create, develop, manage and control educational, research,
service and any other programs.
(n) Set standards for the admission, graduation and discipline
of students.
(o) Authorize, establish, eliminate, manage, operate,
reorganize, reduce or expand any program, school, institute,
college or unit of operation, except that any new degree or
program or any policy regarding transferability of credits to and
from a public university listed in ORS 352.002, Portland State
University, a community college in this state or Oregon Health
and Science University must be authorized or approved by the
Higher Education Coordinating Commission.
(p) Authorize, establish, eliminate, charge, collect, manage,
use in any manner and expend all revenue derived from tuition,
fees and any other charges and fines. The board shall request the
joint recommendation of the recognized student government and the
president of the university, who shall obtain the recommendation
of the recognized student government, prior to authorizing,
establishing or eliminating incidental fees for programs under
the supervision or control of the board and found by the board to
be advantageous to the cultural or physical development of
students. Any increase in tuition or any student fees above five
percent on an annual basis must be approved by the Oregon
Education Investment Board.
(q) Acquire, receive, own, hold, use, sell, mortgage, lend,
pledge, invest in or otherwise dispose of and deal in or with the
shares, stock, bonds, or other equity or interests in or
obligations of any entity.
(r) Make available and perform any and all services on such
terms as considered appropriate.
(s) Delegate any and all powers and duties and provide for any
further delegation.
(t) Provide and disseminate to the public information relating
to the program, operation and finances of the university.
(u) Exercise any other power, duty or responsibility necessary
or convenient over matters of university concern.
(2) The absence of express authority may not be construed to
deny that authority to the university or to limit or qualify any
such power. Powers of the board shall be liberally construed to
effect the purposes of the university. + }
SECTION 8. { + (1) The University of Oregon Board of Directors
shall appoint a president of the University of Oregon. The
president of the university is the president of the faculty and
is the chief executive officer of the university. The president
of the university has authority to direct the affairs and
operation of the university, subject to the policies and
direction of the board.
(2) The board's selection of the university president must be
ratified by the Oregon Education Investment Board. + }
SECTION 9. { + Except as otherwise provided by law, the
provisions of ORS 35.550 to 35.575, 180.060, 180.210 to 180.235,
184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035,
243.696, 279.835 to 279.855, 357.805 to 357.895 and 656.017 (2)
and ORS chapters 182, 183, 240, 270, 273, 276, 278, 279A, 279B,
279C, 282, 283, 291, 292, 293, 294 and 297 do not apply to the
University of Oregon or any not-for-profit organization or other
entity if the equity of the entity is owned exclusively by the
university and if the organization or entity is created by the
university to advance any of the university's statutory
missions. + }
SECTION 10. { + Notwithstanding section 9 of this 2012 Act,
collective bargaining agreements negotiated by this state
pursuant to ORS 240.321 after the effective date of this 2012 Act
that are applicable to employees of the Oregon University System
apply to the University of Oregon if the new collective
bargaining agreement is a successor to a collective bargaining
agreement negotiated by this state and applicable to the same
class of employees of the university prior to the effective date
of this 2012 Act. Such successor agreements shall continue to
apply to the university until the board and the applicable
collective bargaining organization agree to bargain a separate
collective bargaining agreement between the university and the
collective bargaining organization. + }
SECTION 11. { + (1) As used in this section:
(a) 'Direct labor' includes all work required for preparation,
processing and packing, but not supervision, administration,
inspection or shipping.
(b) 'Individual with a disability' means an individual who,
because of the nature of the individual's disability, is not able
to participate fully in competitive employment and for whom
specialized employment opportunities must be provided.
(c) 'Qualified nonprofit agency for individuals with
disabilities' means a nonprofit activity center or rehabilitation
facility:
(A) Organized under the laws of the United States or of this
state and operated in the interest of individuals with
disabilities, the net income of which does not inure in whole or
in part to the benefit of any shareholder or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of
this state; and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs individuals with
disabilities for not less than 75 percent of the work hours of
direct labor required for the manufacture or provision of the
products or services.
(2) The University of Oregon Board of Directors shall further
the policy of this state to encourage and assist individuals with
disabilities to achieve maximum personal independence through
useful and productive gainful employment by ensuring an expanded
and constant market for sheltered workshop and activity center
products and services, thereby enhancing the dignity and capacity
of individuals with disabilities for self-support and minimizing
their dependence on welfare and need for costly
institutionalization.
(3) It shall be the duty of the University of Oregon to:
(a) Determine the price of all products manufactured and
services offered for sale to the university by any qualified
nonprofit agency for individuals with disabilities. The price
shall recover for the workshops the cost of raw materials, labor,
overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement.
(b) Revise such prices from time to time in accordance with
changing cost factors.
(c) Make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary.
(d) Utilize prices and specifications, in its discretion,
established by the Oregon Department of Administrative Services.
(4) The university shall establish and publish a list of
sources or potential sources of products produced by any
qualified nonprofit agency for individuals with disabilities and
the services provided by any such agency that the university
determines are suitable for its procurement. The university, in
its discretion, may utilize any list established and published by
the department.
(5) If the university intends to procure any product or service
on the procurement list, the university shall procure such
product or service at the price established by the university
from a qualified nonprofit agency for individuals with
disabilities, provided the product or service is of the
appropriate specifications and is available at the location and
within the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the university and qualified
nonprofit agencies for individuals with disabilities. The
university, on behalf of the board, is authorized to enter into
such contractual arrangements, cooperative working relationships
or other arrangements as may be necessary for effective
coordination and efficient realization of the objective of this
section. + }
SECTION 12. { + The University of Oregon Board of Directors
shall file with the Oregon Education Investment Board, the Higher
Education Coordinating Commission, the Legislative Assembly and
the Governor, not later than April 15 of each year, a report of
the activities and operations of the University of Oregon for the
preceding year. + }
SECTION 13. { + (1) The University of Oregon Board of
Directors may lease, purchase or otherwise acquire such real
property as in its sole discretion is necessary or convenient to
carry out any power granted to the University of Oregon. The
board may enter into contracts of purchase or agreements that the
board deems necessary to carry out this authorization. The board
may mortgage or pledge any property purchased, or its contracts
to purchase, together with the income from such property, to
secure the payment of the purchase price
(2) Legal title to all real property acquired by the University
of Oregon after the effective date of this 2012 Act shall be
taken and held in the name of the university. Legal title to all
real property of this state held or managed for the use and
benefit of the university as of the effective date of this 2012
Act shall continue to be vested in this state.
(3) The board may lease, sell, convey and control the use of,
in whole or in part, all property of this state held or managed
for the use and benefit of the university as of the effective
date of this 2012 Act or that is acquired by the university after
the effective date of this 2012 Act. Authorized conveyances of
all real property acquired by or vested in this state for the use
or benefit of the university or acquired by or vested in the
university, other than the state lands classified as university
lands under ORS 273.251, shall be executed by the chairperson and
secretary of the board.
(4) Except as otherwise provided by law, proceeds from the
lease, sale or conveyance of real property pursuant to subsection
(3) of this section shall be deposited into an account at the
University of Oregon for the benefit of the university. + }
SECTION 14. { + The University of Oregon Board of Directors
may, in the management of all forestlands under its control and
supervision, sell the forest products on such lands. In the
management of its forestlands, the board may lease mineral and
geothermal resource rights. + }
SECTION 15. { + The University of Oregon may acquire, by
condemnation or otherwise, private property that is necessary or
convenient in carrying out any power granted to the
university. + }
SECTION 16. { + The University of Oregon shall adopt a
comprehensive alcohol and drug abuse policy and implementation
plan. + }
SECTION 17. { + (1) The University of Oregon shall develop
contract policies that support openness, impartiality and
competition in the awarding of contracts in accordance with ORS
279A.015.
(2) The university shall also develop contract policies that
are designed to encourage affirmative action, recycling,
inclusion of art in public buildings, the purchase of goods and
services from individuals with disabilities, the protection of
workers through the payment of prevailing wages as determined by
the Bureau of Labor and Industries, the provision of workers'
compensation insurance to workers on contracts and the
participation of emerging small businesses and businesses owned
by women and minorities.
(3) The University of Oregon Board of Directors shall have the
authority to enact policies, appropriate for the use of the
university, governing public contracting and may devise and
publish forms for use in carrying out the policies. + }
SECTION 18. { + (1)(a) On or before September 1 of each
even-numbered year the University of Oregon shall submit to the
Oregon Department of Administrative Services a funding request
for the following biennium.
(b) The department shall include and submit the university's
funding request to the Legislative Assembly as part of the
Governor's biennial budget. Any such request approved by the
Legislative Assembly shall be appropriated to the department for
direct allocation to the university.
(2) The University of Oregon Board of Directors is not required
to seek expenditure limitation approval from the Legislative
Assembly to spend other available moneys, including without
limitation tuition and other fees or revenues collected pursuant
to the board's authority under section 7 of this 2012 Act.
(3) The University of Oregon Board of Directors shall adopt a
budget on a regular schedule determined by the board. + }
SECTION 19. { + (1) The University of Oregon may conduct
independent audits if such audits are considered advisable by the
university. The audits are subject to the exclusive discretion
and control of the university and are subject to disclosure
pursuant to ORS 192.410 to 192.505.
(2) Nothing in this section affects the constitutional duties
and authority of the Secretary of State to audit public
accounts. + }
SECTION 20. { + The University of Oregon may commission
special campus security officers with authority and immunities
set forth in ORS 352.385. + }
SECTION 21. { + (1) The University of Oregon Board of
Directors may enact such regulations as the board deems
convenient or necessary to provide for the policing, control and
regulation of traffic and parking of vehicles on University of
Oregon property. The regulations may provide for the
registration of vehicles, the designation of parking areas and
the assessment and collection of reasonable fees and charges for
parking. The board may require that before a quarterly or yearly
parking privilege for any vehicle is granted to any full-time or
part-time student to use board property, the student must show
that the vehicle is operated by a student holding a valid driver
license, that the vehicle is currently registered and that the
student driving the vehicle is insured under a motor vehicle
liability insurance policy that meets the requirements described
in ORS 806.080 or that the student or owner of the vehicle has
provided the Department of Transportation with other satisfactory
proof of compliance with the financial responsibility
requirements of this state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures
adopted by the board. Administrative and disciplinary sanctions
may be imposed upon students, faculty and staff for violation of
the regulations, including, but not limited to, a reasonable
monetary penalty that may be deducted from student deposits and
faculty or staff salaries or other funds in the possession of the
university. The board shall provide opportunity for hearing for
the determination of controversies in connection with imposition
of fines or penalties. Persons other than students, faculty or
staff may voluntarily submit to the hearing procedures prescribed
by the board, and shall be bound by the results of the hearing.
The powers granted to the board by this section are supplemental
to the existing powers of the board with respect to the
governance of activities of students, faculty and staff and the
control and management of property under the board's
jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(4) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the
purpose of enforcing its regulations governing traffic control,
may appoint peace officers who have the same authority as other
peace officers as defined in ORS 133.005.
(5) The board and any municipal corporation or any department,
agency or political subdivision of this state may enter into
agreements or contracts for the purpose of providing a uniform
system of enforcement of the regulations of the board enacted
pursuant to subsection (1) of this section.
(6) In proceedings brought to enforce regulations enacted
pursuant to subsection (1) of this section, it shall be
sufficient to charge the defendant by an unsworn written notice
as provided by law. Proceedings to enforce regulations enacted
pursuant to subsection (1) of this section may be brought in the
name of the board in a circuit court, a justice court or a
municipal court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent
jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered
shall be paid to the clerk of the court involved and shall be
disposed of as provided by law. + }
SECTION 22. { + (1) For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the
University of Oregon may require the fingerprints of a person
who:
(a)(A) Is employed or applying for employment by the
university; or
(B) Provides services or seeks to provide services to the
university as a contractor or volunteer; and
(b) Is, or will be, working or providing services in a position
that is designated as a critical or security-sensitive position.
(2) For the purposes of this section, 'critical or
security-sensitive position' means a position in which the
person:
(a) Has direct access to persons under 18 years of age, or has
direct access to student residence facilities because the
person's work duties require the person to be present in the
residence facility;
(b) Is providing information technology services and has
control over, or access to, information technology systems that
would allow the person to harm the information technology systems
or the information contained in the systems;
(c) Has access to information, the disclosure of which is
prohibited by state or federal laws, rules or regulations or
information that is defined as confidential under state or
federal laws, rules or regulations;
(d) Has access to property where chemicals, hazardous materials
and other items controlled by state or federal laws or
regulations are located;
(e) Has access to laboratories, nuclear facilities or utility
plants to which access is restricted to protect the health or
safety of the public;
(f) Has financial, financial aid, payroll or purchasing
responsibilities as one of the person's primary responsibilities;
or
(g) Has access to personal information about university
employees or members of the public including Social Security
numbers, dates of birth, driver license numbers, medical
information, personal financial information or criminal
background information. + }
SECTION 23. { + The University of Oregon Board of Directors
may open, establish, lay out and dedicate to the public use any
streets through lands owned by or used for the University of
Oregon. When such streets are opened, established and laid out,
they are declared to be dedicated to the public use. The
university shall be the road authority pursuant to ORS 810.010
(4) for all roads through lands owned by or used for the
university. + }
SECTION 24. { + The University of Oregon may adopt policies
relating to the creation, use, custody and disclosure of,
including access to, student education records of the university
that are consistent with the requirements of applicable state and
federal law. Whenever a student has attained 18 years of age or
is attending the university, the permission or consent required
of and the rights accorded to a parent of the student regarding
education records is thereafter only required of and accorded to
the student. + }
SECTION 25. { + (1) The University of Oregon may not refuse
admission or expel a student for the sole reason that, because of
religious beliefs, the student is unable to attend classes on a
particular day.
(2) Any student enrolled at the university who, because of
religious beliefs, is unable to attend classes on a particular
day, must be excused on that day from any examination, study
requirement or work requirement. However, at the student's own
expense, the student may be required to make up the examination,
study requirement or work requirement missed because of the
absence. + }
SECTION 26. { + (1) A student enrolled at the University of
Oregon who is a member of the military 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 university's
practice 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 section 27 of this 2012
Act for all amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the university, the
right to be readmitted and reenrolled at the university within
one year after release from active duty without a requirement for
redetermination of admission eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the 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 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 University of Oregon Board of Directors 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. + }
SECTION 27. { + (1)(a) The amount of the credit specified in
section 26 (1)(b) of this 2012 Act 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 the
University of Oregon or from the 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 university under section 26 (1)(c)
of this 2012 Act; 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
university.
(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 university that the student died while serving on
active duty.
(5) The University of Oregon Board of Directors 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. + }
SECTION 28. { + The University of Oregon 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 University of Oregon Board of
Directors. + }
SECTION 29. { + (1) The University of Oregon shall charge an
enrolled student who is not a resident of this state and who is
attending classes as an undergraduate tuition and fees no greater
than the resident rate plus 50 percent of the difference between
the resident rate and the nonresident rate if the student served
in the Armed Forces of the United States and was relieved or
discharged from that service under honorable conditions.
(2) The university shall participate to the fullest extent
allowed in the federal educational assistance programs under the
Supplemental Appropriations Act, 2008 (P.L. 110-252) so as to
reduce the overall tuition rate for students eligible for tuition
rate reduction under subsection (1) of this section to the
resident tuition rate.
(3) A person who served in the Armed Forces of the United
States and who receives federal tuition benefits in excess of the
tuition and fees the person is charged under subsection (1) of
this section at the university shall pay tuition and fees equal
to the federal tuition benefits received.
(4) Distance education and self-support courses as identified
by the university are exempt from the tuition reduction
provisions of this section.
(5) If a nonresident student otherwise eligible for tuition
benefits under this section is receiving federal vocational
rehabilitation education benefits, that student shall pay full
nonresident tuition and fees charged by the University of
Oregon. + }
SECTION 30. { + (1) The University of Oregon shall convene a
physical access committee to identify barriers to access by
persons with disabilities at the university. The committee shall
include, but not be limited to:
(a) One or more students with disabilities or, if there are no
students with disabilities willing to participate, a person with
a disability who uses the university's facilities;
(b) One or more members of the faculty or staff who have
disabilities;
(c) The coordinator of services for students with disabilities
for the university;
(d) One or more administrators of the university; and
(e) One or more members of the physical plant staff of the
university.
(2) The physical access committee shall present its findings
and recommendations to the University of Oregon Board of
Directors, listing access needs and priorities for meeting those
needs. These findings and recommendations shall identify the
barriers to access that prevent persons with disabilities from
meaningfully utilizing campus facilities related to instruction,
academic support, assembly and residence life.
(3) In preparing funding requests for each biennium pursuant to
section 18 of this 2012 Act, the university shall include amounts
for capital improvement that will be applied to the substantial
reduction and eventual elimination of barriers to access by
persons with disabilities as identified by the physical access
committee.
(4) Nothing in this section and ORS 185.155 and 341.937
requires the university to undertake projects for accessibility
that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly. + }
SECTION 31. { + (1) The University of Oregon Board of
Directors may adopt policies governing access to University of
Oregon personnel records that are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on
access unless the president of the university finds 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 rule or order adopted pursuant to this section may not
deny to a faculty member full access to the member's personnel
file or records kept by the university, except as provided in
subsection (4)(d) and (e) of this section.
(4)(a) The files relating to the evaluation of a faculty member
shall be kept in designated, available locations.
(b) 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.
(c) A faculty member shall be entitled to submit, for placement
in the 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.
(d) Letters and other information for a faculty member of the
university submitted in confidence to the State Board of Higher
Education or its institutions, schools or departments prior to
July 1, 1975, shall be maintained in the files designated by
paragraph (a) of this subsection. 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 files designated
by paragraph (a) of this subsection.
(e) Confidential letters and other information submitted to or
solicited by the university after July 1, 2012, and prior to the
employment of a prospective faculty member are exempt from the
provisions of this paragraph. However, if the member is employed
by the university, the confidential preemployment materials shall
be placed in the files designated by paragraph (a) of this
subsection. 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 files
designated by paragraph (a) of this subsection.
(f) Classroom survey evaluations 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 by paragraph (a) of this subsection. All
survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(g) The university, 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
the individuals or groups provide kept confidential.
(5) A policy or order adopted pursuant to this section does not
limit the authority of the university to prepare, without
identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel
records.
(6) Any category of personnel records specifically designated
as confidential pursuant to valid policies or orders as provided
in this section may not be deemed a public record for the
purposes of ORS 192.420.
(7) As used in this section, 'personnel records' means records
containing information kept by the university concerning a
faculty member and furnished by the faculty member or by others
about the faculty member at the member's or at the university's
request, including but not limited to information concerning
discipline, membership activity and employment performance, or
other personal records of individual persons. + }
SECTION 32. { + (1) The University of Oregon Board of
Directors may authorize receipt of compensation by 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 University of Oregon;
(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
university and the private entity; and
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment 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 the 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 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 conflicts
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. + }
SECTION 33. { + The president and professors constitute the
faculty of the University of Oregon and have the immediate
government and discipline of it and the students therein. The
faculty may, subject to the supervision of the University of
Oregon Board of Directors, prescribe the course of study to be
pursued at the university and the textbooks to be used. + }
SECTION 34. { + The University of Oregon shall consider and
maintain affirmative action plans and goals when reductions in
faculty and staff are required as a result of:
(1) Reductions in revenue that necessitate discontinuance of
the university's educational program at its anticipated level;
(2) Elimination of classes due to decreased student enrollment;
or
(3) Reduction in courses due to administrative decisions. + }
SECTION 35. { + A political or sectarian test may never be
allowed or applied in the appointment of faculty and other
employees of the University of Oregon. + }
SECTION 36. { + (1) Nothing in sections 1 to 52 of this 2012
Act may be construed to impair the obligations or agreements of
the State of Oregon or the State Board of Higher Education with
respect to bonds, certificates of participation, financing
agreements or other agreements for the borrowing of money issued
prior to the effective date of this 2012 Act by the State of
Oregon on behalf of the State Board of Higher Education for
equipment or projects for the benefit of the University of
Oregon. The university and the Oregon University System shall
take all actions necessary to ensure full compliance with all
indentures, resolutions, declarations, agreements and other
documents issued with respect to the bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to the effective date of this
2012 Act by the State of Oregon on behalf of the State Board of
Higher Education for the benefit of the university.
(2) The university and the Oregon University System shall
establish, in a written agreement that is subject to the approval
of the State Treasurer:
(a) The responsibility of the university for the payment to the
State Board of Higher Education of moneys sufficient to pay when
due all principal, interest and any other charges on bonds,
certificates of participation, financing agreements or other
agreements for the borrowing of money issued prior to the
effective date of this 2012 Act by the State of Oregon on behalf
of the State Board of Higher Education for the benefit of the
university; and
(b) A requirement that the university periodically provide cash
flow projections and other information as the State Treasurer
requests to determine the sufficiency of the university's
revenues to satisfy the requirements of bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to and after the effective date
of this 2012 Act by the State of Oregon for the benefit of the
university, credit enhancement devices or agreements for exchange
of interest rates entered into in connection with those
borrowings and any loans to the university funded by state
general obligation bonds issued prior to the effective date of
this 2012 Act.
(3)(a) Holders of obligations issued on or after the effective
date of this 2012 Act by the university may be paid after the
university reserves sufficient funds each biennium to satisfy any
payment or reserve requirements relating to bonds, certificates
of participation, financing agreements or other agreements for
the borrowing of moneys issued by the State of Oregon for the
benefit of the university, credit enhancement devices or
agreements for exchange of interest rates entered into in
connection with those borrowings and loans to the university
funded by state general obligation bonds.
(b) The university may pledge all or a portion of its remaining
rents, revenues, receipts, appropriations or other income to
secure revenue bonds issued under section 37 of this 2012 Act,
credit enhancement devices or agreements for exchange of interest
rates related to such revenue bonds, or other obligations issued
by the university, but only to the extent that:
(A) Such holders have no rights, liens or other interests with
respect to such rents, revenues, receipts, appropriations or
other income of the university that are on parity with or are
senior or superior to the rights granted to the State of Oregon
and the holders of bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys issued by the State Treasurer for the benefit of the
university, credit enhancement devices or agreements for exchange
of interest rates entered into in connection with those
borrowings and loans to the university funded by state general
obligation bonds issued prior to the effective date of this 2012
Act; and
(B) The State Board of Higher Education, the Oregon Department
of Administrative Services or the State of Oregon is granted a
lien or other security interest in the rents, revenues, receipts,
appropriations or other income of the university that is superior
to any lien or other security interest granted to the holders of
obligations issued by the university.
(4)(a) The principal, interest and any premium on any bonds,
certificates of participation, financing agreements or other
agreements for the borrowing of moneys issued before or after the
effective date of this 2012 Act by the State of Oregon for the
benefit of the university, and any credit enhancement devices or
agreements for exchange of interest rates entered into in
connection with those borrowings, shall be paid from the sources
specified in the laws and documents authorizing the bond,
certificate of participation, financing agreement or other
agreement for the borrowing of moneys, credit enhancement device
or agreement for exchange of interest rates. The university must
pay any other expenses and liabilities, including but not limited
to closing costs, 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, except to the extent that the liability or
expense results from the negligence or willful misconduct of a
state agency.
(b) 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, cause or
proceeding arising from any bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys, and any credit enhancement devices or agreements for
exchange of interest rates entered into in connection with those
borrowings, issued by the State of Oregon for the benefit of the
university.
(5) Any amounts deposited with the State Treasurer, the
Controller of the Oregon University System, or the Oregon
Department of Administrative Services or its designated agents,
in any debt service in reserve accounts for the debt service
associated with any bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys issued prior to the effective date of this 2012 Act by the
State of Oregon on behalf of the State Board of Higher Education
for the benefit of the university shall remain with the State
Treasurer, the Controller of the Oregon University System, or the
Oregon Department of Administrative Services or its designated
agents, until such time as the bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of moneys, for which such debt service in reserve
accounts has been established, have been retired or defeased. + }
SECTION 37. { + The University of Oregon may from time to time
issue and sell revenue bonds in accordance with ORS chapter 287A.
The university must receive approval from the Oregon Education
Investment Board before issuing or selling any revenue bonds.
However, the provisions contained in ORS 287A.150 (2) to (6) do
not apply to revenue bonds issued by the university. Such revenue
bonds are neither a general obligation of the university nor a
charge upon any revenues or property of the university not
specifically pledged thereto. An obligation described in this
section is not an indebtedness of the State of Oregon. + }
SECTION 38. { + Revenue bonds issued by the University of
Oregon under section 37 of this 2012 Act are considered to be
bonds or obligations of a political subdivision of the State of
Oregon for the purposes of all laws of this state. + }
SECTION 39. { + Refunding bonds and advance refunding bonds of
the same character and tenor as those replaced by them may be
issued by the University of Oregon pursuant to ORS 287A.360 to
287A.380. + }
SECTION 40. { + In addition to, and not in limitation of, the
means of satisfying state general obligation bond obligations
under ORS 291.445, the University of Oregon, promptly upon the
discovery of any shortfall in moneys available to the university
for the payment when due of amounts under any bonds, certificates
of participation, financing agreements or other agreements for
the borrowing of moneys issued prior to the effective date of
this 2012 Act by the State of Oregon on behalf of the State Board
of Higher Education for equipment or projects for the benefit of
the university, shall notify in writing the Legislative Assembly,
or if the Legislative Assembly is not in session, the Emergency
Board, of the existence and amount of the shortfall. The
Legislative Assembly or the Emergency Board, as the case may be,
may allocate funds to satisfy the payment of any such amount. By
enacting this section, the Legislative Assembly acknowledges its
current intention to allocate, from funds other than those
appropriated or otherwise made available to the Oregon University
System or to the Oregon Department of Administrative Services for
direct allocation to the university, funds to pay such amount.
However, except as may be required by the Oregon Constitution or
ORS 291.445, neither the Legislative Assembly nor the Emergency
Board shall have any legal obligation to allocate funds under
this section. + }
SECTION 41. { + In order to provide funds for the purposes
specified in Article XI-G of the Oregon Constitution, the
University of Oregon Board of Directors may request the State
Treasurer to issue bonds in accordance with the provisions of ORS
chapter 286A. + }
SECTION 42. { + In order to provide funds for the purposes
specified in Article XI-F(1) of the Oregon Constitution, the
University of Oregon Board of Directors may request the State
Treasurer to issue bonds in accordance with the provisions of ORS
chapter 286A. + }
SECTION 43. { + If the electors of this state authorize the
issuance of bonds for the benefit of the University of Oregon
individually or in its capacity as a public university, the
University of Oregon Board of Directors may request the State
Treasurer to issue bonds for such purposes in accordance with the
provisions of ORS chapter 286A. + }
SECTION 44. { + If the University of Oregon Board of Directors
requests the State Treasurer to issue bonds pursuant to sections
41 to 43 of this 2012 Act, the board shall be a related agency
under ORS 286A.001 to 286A.195 for issuance or administration of
the bonds. + }
SECTION 45. { + As used in sections 45 to 49 of this 2012 Act:
(1) 'Credit enhancement agreement' means any agreement or
contractual relationship between the University of Oregon and any
bank, trust company, insurance company, surety bonding company,
pension fund or other financial institution providing additional
credit on or security for a financing agreement or certificates
of participation authorized by sections 45 to 49 of this 2012
Act.
(2) 'Financing agreement' means a lease-purchase agreement, an
installment sale agreement, a loan agreement, a note agreement,
short-term promissory notes, commercial papers, lines of credit
or similar obligations or any other agreement to finance real or
personal property that is or will be owned and operated by the
university, or to refinance previously executed financing
agreements.
(3) 'Personal property' means tangible personal property,
software and fixtures.
(4) 'Property rights' means, with respect to personal property,
the rights of a secured party under ORS chapter 79, and, with
respect to real property, the rights of a trustee or lender under
a lease authorized by section 48 (1)(d) of this 2012 Act.
(5) 'Software' means software and training and maintenance
contracts related to the operation of computing equipment. + }
SECTION 46. { + (1) Subject to the limitations of section 37
of this 2012 Act, the University of Oregon may enter into
financing agreements in accordance with sections 45 to 49 of this
2012 Act, upon such terms as the university finds to be
advantageous. Amounts payable by the university under a
financing agreement shall be limited to funds available for such
purposes under section 37 of this 2012 Act and specifically
pledged, budgeted for or otherwise made available by the
university. If there are insufficient funds available to pay
amounts due under a financing agreement, the lender may exercise
any property rights that the university has granted to it in the
financing agreement against the property that was purchased with
the proceeds of the financing agreement, and may apply the
amounts so received toward payments scheduled to be made by the
university under the financing agreement.
(2) Subsection (1) of this section does not apply to, and the
university may not grant a security interest in, lease as
security for or grant any other right under, a financing
agreement with respect to any real or personal property that has
been financed with general obligation bonds, certificates of
participation, financing agreements or other borrowings of the
State of Oregon for the benefit of the university unless those
obligations of the State of Oregon are fully paid. + }
SECTION 47. { + The University of Oregon Board of Directors
may delegate to any board member, the president of the University
of Oregon or the president's designee the authority to determine
maturity dates, principal amounts, redemption provisions,
interest rates or methods for determining variable or adjustable
interest rates, denominations and other terms and conditions of
such obligations that are not appropriately determined at the
time of enactment or adoption of the authorizing resolution. The
board may also delegate entering into financing agreements or any
other instruments authorized by law. This delegated authority
shall be exercised subject to applicable requirements of law and
such limitations and criteria as may be set forth in the
authorizing resolution. + }
SECTION 48. { + (1) The University of Oregon may:
(a) Enter into agreements with third parties to hold financing
agreement proceeds, payments and reserves as security for
lenders, and to issue certificates of participation in the right
to receive payments due from the university under a financing
agreement. Amounts so held shall be invested at the direction of
the University of Oregon Board of Directors. Interest earned on
any investments held as security for a financing agreement may,
at the option of the board, be credited to the accounts held by
the third party and applied in payment of sums due under a
financing agreement.
(b) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such
credit enhancement agreements shall be payable solely from funds
specifically pledged, budgeted for or otherwise made available by
the university and amounts received from the exercise of property
rights granted under such financing agreements.
(c) Use financing agreements to finance the costs of acquiring
or refinancing real or personal property, plus the costs of
reserves, credit enhancements and costs associated with obtaining
the financing.
(d) Grant leases of real property with a trustee or lender.
Such leases may be for a term that ends on the date on which all
amounts due under a financing agreement 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 a financing
agreement, whichever is later. Such leases may grant the trustee
or lender the right to evict the university and exclude it 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 a financing agreement, or otherwise defaults under a
financing agreement. Upon default, the trustee or lender may
sublease the land to third parties and apply any rentals toward
payments scheduled to be made under a financing agreement.
(e) Grant security interests in personal property to trustees
or lenders.
(f) Make pledges for the benefit of trustees and lenders.
(g) Purchase fire and extended coverage or other casualty
insurance for property that is acquired or refinanced with
proceeds of a financing agreement, assign the proceeds thereof to
a lender or trustee to the extent of their interest, and covenant
to maintain such insurance while the financing agreement is
unpaid, as long as available funds are sufficient to purchase
such insurance.
(2) The provisions of subsection (1) of this section do not
apply to, and the university may not grant a security interest
in, lease as security for or grant any other right under, a
financing agreement with respect to any real or personal property
that has been financed with general obligation bonds,
certificates of participation, financing agreements or other
borrowings of the State of Oregon for the benefit of the
university unless those obligations of the State of Oregon are
fully paid. + }
SECTION 49. { + A lease or financing agreement under sections
45 to 49 of this 2012 Act does not cause property to be subject
to property taxation and is disregarded in determining whether
property is exempt from taxation under ORS chapter 307. + }
SECTION 50. { + The University of Oregon Board of Directors
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 and sections 38 to 49 of this 2012 Act. 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. + }
SECTION 51. { + (1) The Oregon Education Investment Board, in
coordination with the University of Oregon, shall adopt
performance benchmarks for the university. The benchmarks must
reflect the educational outcomes that the Oregon Education
Investment Board expects from the university. The Oregon
Education Investment Board may not prescribe how the benchmarks
are to be achieved. The president of the university and the
University of Oregon Board of Directors have exclusive
jurisdiction and control over the means and methods of achieving
the performance benchmarks.
(2) The Oregon Education Investment Board annually shall assess
the university's compliance with the benchmarks described in
subsection (1) of this section and shall issue an annual report
as to the university's achievements. The investment board may
recommend to the Legislative Assembly incentives to encourage
compliance with the benchmarks or penalties for failure to comply
with one or more benchmarks.
(3) The university and the Oregon University System shall
coordinate academic programs so that the programs are integrated
and complementary. To accomplish this purpose, university
officers shall maintain a role in the appropriate committees of
the State Board of Higher Education and the Oregon University
System.
(4) The Higher Education Coordinating Commission shall have
final authority over creation of new degree programs at the
University of Oregon. + }
SECTION 52. { + The University of Oregon Board of Directors
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 administered by the University of
Oregon, 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 the university report amounts of tax credit
certificates issued by the university and cease issuing
certificates until the total amount owed to the General Fund by
the university at any one time under ORS 351.697 (6) does not
exceed $2.4 million; and
(3) That the university maintain records of income realized by
the university as the result of grants made from the university
venture development fund and records of amounts paid to the
General Fund. + }
SECTION 53. { + As used in sections 53 to 64 of this 2012 Act:
(1) 'Former university' means the University of Oregon in its
former status as a university within the Oregon University System
under ORS 352.002, as set forth in the 2011 Edition of the Oregon
Revised Statutes.
(2) 'University' means the University of Oregon public
university established under section 2 of this 2012 Act.
(3) 'University board' means the University of Oregon Board of
Directors established under section 4 of this 2012 Act. + }
SECTION 54. { + (1) Pursuant to the provisions of ORS 236.605
to 236.640, and except as otherwise expressly provided in
sections 1 to 52 of this 2012 Act, all persons employed by the
University of Oregon on the effective date of this 2012 Act shall
continue their employment with the university and shall retain
any seniority, contractual rights or tenure granted prior to the
effective date of this 2012 Act.
(2) Nothing in sections 1 to 52 of this 2012 Act shall affect
the representation rights of collective bargaining organizations
that represent university employees. Nothing in sections 1 to 52
of this 2012 Act shall affect any term or condition of any
collective bargaining agreement in effect on the effective date
of this 2012 Act. + }
SECTION 55. { + All of the duties, functions and powers of the
former university are transferred to the university as if the
university were a continuation of the former university and not a
new authority. + }
SECTION 56. { + (1) All records and property of the former
university shall be considered the records and property of the
university.
(2) There are transferred to the University of Oregon Board of
Directors title to and possession of all the supplies, materials,
equipment, records, books, papers and facilities of the State
Board of Higher Education pertaining to the former university.
(3) Title to real property acquired prior to the effective date
of this 2012 Act utilized by the former university or held or
managed by the State of Oregon for the benefit of the former
university shall be continuously held in the name of the State of
Oregon, except that the university has the exclusive care,
custody and control of such real property and facilities.
(4) The University of Oregon Board of Directors may sell,
convey or lease such property, or any interest therein, as the
university board deems in the best interest of the university as
provided in section 13 of this 2012 Act. + }
SECTION 57. { + All unexpended moneys, including but not
limited to General Fund appropriations, gifts, bequests, other
funds, assessments, liability and worker's compensation reserves
and premiums that are appropriated to, held, managed or invested
by or on behalf of or otherwise available to the former
university or its president, for the purposes of any of its
duties, functions or powers transferred by sections 1 to 52 of
this 2012 Act to the university, are appropriated and transferred
to the university. + }
SECTION 58. { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before the
effective date of this 2012 Act by the former university, with
respect to the duties, functions or powers transferred to the
university by sections 1 to 52 of this 2012 Act and still pending
on the effective date of this 2012 Act may be conducted and
completed by the university in the same manner, under the same
terms and conditions and with the same effect as though
undertaken, conducted or completed by the former university
before the transfer.
(2) The transfer of duties, functions and powers to the
University of Oregon Board of Directors under sections 1 to 52 of
this 2012 Act does not affect any action, suit, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the university board shall be substituted for the
State Board of Higher Education in any such action, suit,
proceeding or prosecution.
(3) Any proceeding, action, prosecution or other business or
matter undertaken or commenced before the effective date of this
2012 Act by a state officer or agency, with respect to the
duties, functions or powers transferred to the university and
still pending on the effective date of this 2012 Act, may be
conducted and completed by the university in the same manner,
under the same terms and conditions and with the same effect as
though undertaken, conducted or completed by the former
university before the transfer. + }
SECTION 59. { + Nothing in sections 1 to 52 of this 2012 Act
relieves any person of any obligation with respect to a tax, fee,
fine or other charge, interest, penalty, forfeiture or other
liability, duty or obligation. + }
SECTION 60. { + The university is considered to be a
continuation of the former university with respect to its duties,
functions and powers, and not a new authority for the purpose of
succession to all rights and obligations of the former university
as constituted at the time of such assignment or transfer, except
as otherwise provided in sections 1 to 52 of this 2012 Act, with
the same force and effect as if such duties, functions and powers
had not been assigned or transferred. + }
SECTION 61. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the former
university, or an employee of the former university, whose
duties, functions or powers are assigned or transferred by
sections 1 to 52 of this 2012 Act, except as otherwise provided
by sections 1 to 52 of this 2012 Act, such reference is
considered to describe the university or employee of the
university that, by sections 1 to 52 of this 2012 Act, is charged
with carrying out such duties, functions and powers.
(2) There are imposed upon, transferred to and vested in the
University of Oregon Board of Directors the duties, functions and
powers of the State Board of Higher Education that pertain to the
former university.
(3) Notwithstanding the transfer of duties, functions and
powers by sections 1 to 52 of this 2012 Act, the lawfully adopted
rules of the State Board of Higher Education pertaining to the
former university in effect on the effective date of this 2012
Act continue in effect until lawfully superseded or repealed by
the University of Oregon Board of Directors. References in rules
of the State Board of Higher Education to the state board or an
officer or employee of the state board are considered to be
references to the University of Oregon Board of Directors. + }
SECTION 62. { + A transfer of duties, functions, powers,
rights, records, property, employees or moneys by sections 1 to
52 of this 2012 Act becomes operative on July 1, 2012. The
university shall exercise and perform such duties, functions,
powers and rights, and shall take charge of such records,
property, employees and moneys. + }
SECTION 63. { + The rights and obligations of the State Board
of Higher Education legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
effective date of this 2012 Act pertaining to the former
university are transferred to the University of Oregon Board of
Directors. For the purpose of succession to these rights and
obligations, the university board is considered to be a
continuation of the State Board of Higher Education and not a new
authority, and the university board must exercise such rights and
fulfill such obligations as if they had not been transferred. + }
SECTION 64. { + For the purpose of administering and enforcing
the duties, functions and powers transferred by sections 1 to 52
of this 2012 Act and for the payment of the expenses lawfully
incurred by the State Board of Higher Education with respect to
the administration and enforcement of such duties, functions and
powers pertaining to the former university, the University of
Oregon Board of Directors may expend the moneys that are
authorized to be expended by the State Board of Higher Education
for administering and enforcing the duties, functions and powers
transferred by sections 1 to 52 of this 2012 Act and that are
unexpended on the effective date of this 2012 Act. Subject to
section 36 of this 2012 Act, the university board shall assume
and pay all outstanding obligations lawfully incurred by the
State Board of Higher Education pertaining to the former
university before the effective date of this 2012 Act that are
properly charged against amounts authorized by this section to be
expended by the university board. + }
{ +
PORTLAND STATE UNIVERSITY + }
SECTION 65. { + As used in sections 65 to 114 of this 2012
Act:
(1) 'Board' means the Portland State University Board of
Directors established under section 68 of this 2012 Act.
(2) 'University' means Portland State University established
under section 66 of this 2012 Act. + }
SECTION 66. { + (1) Portland State University is established
as a public university and shall be governed by the Portland
State University Board of Directors. The board may exercise
authority over matters of university concern to the fullest
extent allowed by Constitutions and laws of the United States and
this state, as fully as if each particular power comprised in
that general authority were specifically listed in sections 65 to
114 of this 2012 Act. The board may delegate and provide for the
further delegation of any of its powers and authorities.
(2) The powers granted by this section are in addition to any
other power granted to Portland State University in sections 65
to 114 of this 2012 Act and may not be construed to limit or
qualify any such power. The powers granted by this section shall
be liberally construed to the end that the board shall have all
powers over matters of university concern that is possible for it
to have under the Constitutions and laws of the United States and
this state.
(3) The university is an instrumentality of state government,
performing governmental functions and exercising governmental
powers. The university is independent, has statewide purposes and
is without territorial boundaries. The university is a state
institution of higher education, but is not an agency, department
or division of the state, a unit of local or municipal government
or part of the executive branch, except as set forth in sections
65 to 114 of this 2012 Act.
(4)(a) A claim against the university is not a claim against
the State of Oregon. A debt or obligation of the university is
not a debt or obligation of the State of Oregon. Claims against
the university and obligations of the university are not
recoverable from the assets and funds of the State of Oregon.
(b) The university is not authorized to act in the name of the
State of Oregon and attorneys representing the university do not
represent the state.
(5) Nothing in sections 65 to 114 of this 2012 Act may be
construed as a waiver by the university of any form of defense or
immunity, whether it be sovereign immunity, governmental
immunity, immunity based upon the Eleventh Amendment to the
Constitution of the United States or immunity from any claim or
from the jurisdiction of any court. + }
SECTION 67. { + (1) It shall be the policy of Portland State
University as a public university:
(a) To serve the people of this state by educating citizens of
the state, region, nation and world;
(b) To provide:
(A) An educational environment that stimulates creative
inquiry, critical thinking, clear communication and original
scholarship by and for the benefit of students, faculty, staff
and the greater community; and
(B) Education, research and service that contribute to the
development of new knowledge and the enhancement of the culture
and economy of this state;
(c) To encourage the preservation, enhancement and
dissemination of knowledge and culture;
(d) To provide individuals with the tools for a lifetime of
learning so as to allow them to enhance their quality of life,
contribute to civic discourse and civil society and participate
effectively in a global society;
(e) To create an educated workforce that keeps the Oregon
economy innovative and competitive;
(f) To provide public service activities that engage the
professional expertise of faculty to solve society's problems;
(g) To share with this state many services and cultural
activities of immense importance to the quality of life enjoyed
by Oregonians and others; and
(h) To strive for excellence in all of its endeavors while
maintaining institutional integrity.
(2) The university shall carry out the policies of this section
in the manner that, in the determination of the Portland State
University Board of Directors, best promotes the welfare of the
people of this state. + }
SECTION 68. { + (1) There is established a Portland State
University Board of Directors, consisting of 15 members.
(2) The membership of the board shall be as follows:
(a) Thirteen members appointed by the Governor and confirmed by
the Senate in the manner prescribed in ORS 171.562 and 171.565.
These members shall include one student enrolled at Portland
State University, one regular employee, as defined in ORS 240.015
of the university and one faculty member of the university. When
appointing the faculty member, the Governor shall consider
recommendations from the university faculty. When appointing the
student member, the Governor shall consider recommendations from
a general student association recognized by Portland State
University.
(b) One member who is a nonstudent member of the Oregon
Education Investment Board, appointed by the Oregon Education
Investment Board.
(c) The president of the university, who shall be a nonvoting
member.
(3) The board may appoint other nonvoting members as it deems
in the best interests of the university.
(4)(a) Except for the president of the university, the term of
office of each nonstudent member is four years. The term of
office of the student member is two years.
(b) Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins
on July 1 next following. A member is eligible for reappointment
for one additional term.
(c) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become effective for the
remainder of the unexpired term.
(d) A student enrolled at the university may not be appointed
to, or continue to serve on, the board unless the student is in
good standing pursuant to bylaws or policies of the board.
(5) Except as provided in subsection (2)(a) of this section, a
voting member may not be an employee of the university, the
Oregon University System or the State of Oregon.
(6) The board shall select one of its members as the
chairperson, another as vice chairperson and another as
secretary, for such terms and with such duties and powers as the
board considers necessary for performance of the functions of
those offices. The board shall adopt bylaws for its governance,
including provisions specifying how a quorum is constituted and
when a quorum is necessary.
(7) The board shall meet at least once every three months on
the university campus. Board members may participate in the
meeting electronically as provided in ORS 192.610 to 192.690. The
board shall meet at such other times and places specified by the
chairperson or by a majority of the members of the board.
(8) An appointing authority may remove any member appointed by
the authority at any time for cause, after notice and public
hearing. + }
SECTION 69. { + Notwithstanding the terms of office specified
in section 68 of this 2012 Act, of the members first appointed to
the Portland State University Board of Directors, other than the
president of Portland State University:
(1) Seven members appointed by the Governor, including the
student member, shall serve for terms ending June 30, 2015; and
(2) The following shall serve for terms ending June 30, 2017:
(a) Six members appointed by the Governor, including the
faculty member and the regular employee, as defined in ORS
240.015, of the university; and
(b) The member appointed by the Oregon Education Investment
Board. + }
SECTION 70. { + The Governor and the Oregon Education
Investment Board shall appoint members to the Portland State
University Board of Directors pursuant to section 68 (2)(a) and
(b) of this 2012 Act no later than July 15, 2012. + }
SECTION 71. { + (1) The Portland State University Board of
Directors may, within or outside the state, do all things
necessary or convenient involving matters of concern to Portland
State University, including without limitation the following:
(a) Enact any and all policies for the governance of the
university, which, to the extent set forth in those policies,
shall have the force of law and may be enforced through
university procedures and in any court of competent jurisdiction.
(b) Hire and employ personnel and prescribe all conditions of
employment, including but not limited to compensation, benefits
and tenure.
(c) Enter into any and all contracts and agreements with any
public or private entity.
(d) Enter into any partnership, joint venture or other business
arrangement and create and participate fully in the operation of
any business structure or organization.
(e) Borrow money and issue debt of any kind and pledge revenue
to repay any loan or indebtedness.
(f) Acquire, purchase, purchase on a contractual basis, borrow,
receive, own, hold, control, convey, sell, manage, operate,
lease, lease-purchase, license, lend, invest in, issue, improve,
develop, use, expend and dispose of personal property, including
intellectual property, of any nature, tangible or intangible.
(g) Acquire, purchase, purchase on a contractual basis, borrow,
receive, own, hold, control, convey, sell, manage, operate,
lease, lease-purchase, license, lend, invest in, improve,
develop, use, expend and dispose of real property.
(h) Sue and be sued and issue and enforce subpoenas in the
board's name.
(i) Obtain and receive gifts, bequests and donations for the
benefit of the university and, subject to the terms of the gift,
retain, invest and use such gifts as deemed appropriate by the
university or the board. The board may assess a reasonable
management fee against all gifts, bequests and donations and the
earnings thereon.
(j) Acquire, purchase, accept, borrow, receive, own, hold,
deposit, pledge, control, convey, manage, use, lend, expend and
invest all funds, appropriations, instruments, earnings and
revenue. The authority under this paragraph includes accepting
and expending funds from the United States Government for any
purpose. The board may deposit any and all funds,
appropriations, instruments, earnings and revenue in any
financial institution and retain all interest, earnings, and
appreciation accruing from such deposits.
(k) Erect, construct, improve, remodel, develop, repair,
maintain, equip, furnish, lease, lend, convey, sell, manage,
operate, use and dispose of any building, structure, land or
project.
(L) Acquire any and all insurance, operate a self-insurance
program or otherwise arrange for the equivalent of insurance
coverage of any nature or type.
(m) Create, develop, manage and control educational, research,
service and any other programs.
(n) Set standards for the admission, graduation and discipline
of students.
(o) Authorize, establish, eliminate, manage, operate,
reorganize, reduce or expand any program, school, institute,
college or unit of operation, except that any new degree or
program and any policy regarding transferability of credits to
and from a public university listed in ORS 352.002, the
University of Oregon, a community college in this state or Oregon
Health and Science University must be authorized by the Higher
Education Coordinating Commission.
(p) Authorize, establish, eliminate, charge, collect, manage,
use in any manner and expend all revenue derived from tuition,
fees and any other charges and fines. The board shall request the
joint recommendation of the recognized student government and the
president of the university, who shall obtain the recommendation
of the recognized student government, prior to authorizing,
establishing or eliminating incidental fees for programs under
the supervision or control of the board and found by the board to
be advantageous to the cultural or physical development of
students. Any increase in tuition or any student fees above five
percent on an annual basis must be approved by the Oregon
Education Investment Board.
(q) Acquire, receive, own, hold, use, sell, mortgage, lend,
pledge, invest in or otherwise dispose of and deal in or with the
shares, stock, bonds, or other equity or interests in or
obligations of any entity.
(r) Make available and perform any and all services on such
terms as considered appropriate.
(s) Delegate any and all powers and duties and provide for any
further delegation.
(t) Provide and disseminate to the public information relating
to the program, operation and finances of the university.
(u) Exercise any other power, duty or responsibility necessary
or convenient over matters of university concern.
(2) The absence of express authority may not be construed to
deny that authority to the university or to limit or qualify any
such power. Powers of the board shall be liberally construed to
effect the purposes of the university. + }
SECTION 72. { + (1) The Portland State University Board of
Directors shall appoint a president of Portland State University.
The president of the university is the president of the faculty
and is the chief executive officer of the university. The
president of the university has authority to direct the affairs
and operation of the university, subject to the policies and
direction of the board.
(2) The board's selection of the university president must be
ratified by the Oregon Education Investment Board. + }
SECTION 73. { + Except as otherwise provided by law, the
provisions of ORS 35.550 to 35.575, 180.060, 180.210 to 180.235,
184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035,
243.696, 279.835 to 279.855, 357.805 to 357.895 and 656.017 (2)
and ORS chapters 182, 183, 240, 270, 273, 276, 278, 279A, 279B,
279C, 282, 283, 291, 292, 293, 294 and 297 do not apply to
Portland State University or any not-for-profit organization or
other entity if the equity of the entity is owned exclusively by
the university and if the organization or entity is created by
the university to advance any of the university's statutory
missions. + }
SECTION 74. { + Notwithstanding section 73 of this 2012 Act,
collective bargaining agreements negotiated by this state
pursuant to ORS 240.321 after the effective date of this 2012 Act
that are applicable to employees of the Oregon University System
apply to Portland State University if the new collective
bargaining agreement is a successor to a collective bargaining
agreement negotiated by this state and applicable to the same
class of employees of the university prior to the effective date
of this 2012 Act. Such successor agreements shall continue to
apply to the university until the board and the applicable
collective bargaining organization agree to bargain a separate
collective bargaining agreement between the university and the
collective bargaining organization. + }
SECTION 75. { + (1) As used in this section:
(a) 'Direct labor' includes all work required for preparation,
processing and packing, but not supervision, administration,
inspection or shipping.
(b) 'Individual with a disability' means an individual who,
because of the nature of the individual's disability, is not able
to participate fully in competitive employment and for whom
specialized employment opportunities must be provided.
(c) 'Qualified nonprofit agency for individuals with
disabilities' means a nonprofit activity center or rehabilitation
facility:
(A) Organized under the laws of the United States or of this
state and operated in the interest of individuals with
disabilities, the net income of which does not inure in whole or
in part to the benefit of any shareholder or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of
this state; and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs individuals with
disabilities for not less than 75 percent of the work hours of
direct labor required for the manufacture or provision of the
products or services.
(2) The Portland State University Board of Directors shall
further the policy of this state to encourage and assist
individuals with disabilities to achieve maximum personal
independence through useful and productive gainful employment by
ensuring an expanded and constant market for sheltered workshop
and activity center products and services, thereby enhancing the
dignity and capacity of individuals with disabilities for
self-support and minimizing their dependence on welfare and need
for costly institutionalization.
(3) It shall be the duty of Portland State University to:
(a) Determine the price of all products manufactured and
services offered for sale to the university by any qualified
nonprofit agency for individuals with disabilities. The price
shall recover for the workshops the cost of raw materials, labor,
overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement.
(b) Revise such prices from time to time in accordance with
changing cost factors.
(c) Make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary.
(d) Utilize prices and specifications, in its discretion,
established by the Oregon Department of Administrative Services.
(4) The university shall establish and publish a list of
sources or potential sources of products produced by any
qualified nonprofit agency for individuals with disabilities and
the services provided by any such agency that the university
determines are suitable for its procurement. The university, in
its discretion, may utilize any list established and published by
the department.
(5) If the university intends to procure any product or service
on the procurement list, the university shall procure such
product or service at the price established by the university
from a qualified nonprofit agency for individuals with
disabilities, provided the product or service is of the
appropriate specifications and is available at the location and
within the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the university and qualified
nonprofit agencies for individuals with disabilities. The
university, on behalf of the board, is authorized to enter into
such contractual arrangements, cooperative working relationships
or other arrangements as may be necessary for effective
coordination and efficient realization of the objective of this
section. + }
SECTION 76. { + The Portland State University Board of
Directors shall file with the Oregon Education Investment Board,
the Higher Education Coordinating Commission, the Legislative
Assembly and the Governor, not later than April 15 of each year,
a report of the activities and operations of Portland State
University for the preceding year. + }
SECTION 77. { + (1) The Portland State University Board of
Directors may lease, purchase or otherwise acquire such real
property as in its sole discretion is necessary or convenient to
carry out any power granted to Portland State University. The
board may enter into contracts of purchase or agreements that the
board deems necessary to carry out this authorization. The board
may mortgage or pledge any property purchased, or its contracts
to purchase, together with the income from such property, to
secure the payment of the purchase price.
(2) Legal title to all real property acquired by Portland State
University after the effective date of this 2012 Act shall be
taken and held in the name of the university. Legal title to all
real property of this state held or managed for the use and
benefit of the university as of the effective date of this 2012
Act shall continue to be vested in this state.
(3) The board may lease, sell, convey and control the use of,
in whole or in part, all property of this state held or managed
for the use and benefit of the university as of the effective
date of this 2012 Act or that is acquired by the university after
the effective date of this 2012 Act. Authorized conveyances of
all real property acquired by or vested in this state for the use
or benefit of the university or acquired by or vested in the
university, other than the state lands classified as university
lands under ORS 273.251, shall be executed by the chairperson and
secretary of the board.
(4) Except as otherwise provided by law, proceeds from the
lease, sale or conveyance of real property pursuant to subsection
(3) of this section shall be deposited into an account at
Portland State University for the benefit of the university. + }
SECTION 78. { + Portland State University may acquire, by
condemnation or otherwise, private property that is necessary or
convenient in carrying out any power granted to the
university. + }
SECTION 79. { + Portland State University shall adopt a
comprehensive alcohol and drug abuse policy and implementation
plan. + }
SECTION 80. { + (1) Portland State University shall develop
contract policies that support openness, impartiality and
competition in the awarding of contracts in accordance with ORS
279A.015.
(2) The university shall also develop contract policies that
are designed to encourage affirmative action, recycling,
inclusion of art in public buildings, the purchase of goods and
services from individuals with disabilities, the protection of
workers through the payment of prevailing wages as determined by
the Bureau of Labor and Industries, the provision of workers'
compensation insurance to workers on contracts and the
participation of emerging small businesses and businesses owned
by women and minorities.
(3) The Portland State University Board of Directors shall have
the authority to enact policies, appropriate for the use of the
university, governing public contracting and may devise and
publish forms for use in carrying out the policies. + }
SECTION 81. { + (1)(a) On or before September 1 of each
even-numbered year Portland State University shall submit to the
Oregon Department of Administrative Services a funding request
for the following biennium.
(b) The department shall include and submit the university's
funding request to the Legislative Assembly as part of the
Governor's biennial budget. Any such request approved by the
Legislative Assembly shall be appropriated to the department for
direct allocation to the university.
(2) The Portland State University Board of Directors is not
required to seek expenditure limitation approval from the
Legislative Assembly to spend other available moneys, including
without limitation tuition and other fees or revenues collected
pursuant to the board's authority under section 71 of this 2012
Act.
(3) The Portland State University Board of Directors shall
adopt a budget on a regular schedule determined by the board. + }
SECTION 82. { + (1) Portland State University may conduct
independent audits if such audits are considered advisable by the
university. The audits are subject to the exclusive discretion
and control of the university and are subject to disclosure
pursuant to ORS 192.410 to 192.505.
(2) Nothing in this section affects the constitutional duties
and authority of the Secretary of State to audit public
accounts. + }
SECTION 83. { + Portland State University may commission
special campus security officers with authority and immunities
set forth in ORS 352.385. + }
SECTION 84. { + (1) The Portland State University Board of
Directors may enact such regulations as the board deems
convenient or necessary to provide for the policing, control and
regulation of traffic and parking of vehicles on Portland State
University property. The regulations may provide for the
registration of vehicles, the designation of parking areas and
the assessment and collection of reasonable fees and charges for
parking. The board may require that before a quarterly or yearly
parking privilege for any vehicle is granted to any full-time or
part-time student to use board property, the student must show
that the vehicle is operated by a student holding a valid driver
license, that the vehicle is currently registered and that the
student driving the vehicle is insured under a motor vehicle
liability insurance policy that meets the requirements described
in ORS 806.080 or that the student or owner of the vehicle has
provided the Department of Transportation with other satisfactory
proof of compliance with the financial responsibility
requirements of this state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures
adopted by the board. Administrative and disciplinary sanctions
may be imposed upon students, faculty and staff for violation of
the regulations, including, but not limited to, a reasonable
monetary penalty that may be deducted from student deposits and
faculty or staff salaries or other funds in the possession of the
university. The board shall provide opportunity for hearing for
the determination of controversies in connection with imposition
of fines or penalties. Persons other than students, faculty or
staff may voluntarily submit to the hearing procedures prescribed
by the board, and shall be bound by the results of the hearing.
The powers granted to the board by this section are supplemental
to the existing powers of the board with respect to the
governance of activities of students, faculty and staff and the
control and management of property under the board's
jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(4) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the
purpose of enforcing its regulations governing traffic control,
may appoint peace officers who have the same authority as other
peace officers as defined in ORS 133.005.
(5) The board and any municipal corporation or any department,
agency or political subdivision of this state may enter into
agreements or contracts for the purpose of providing a uniform
system of enforcement of the regulations of the board enacted
pursuant to subsection (1) of this section.
(6) In proceedings brought to enforce regulations enacted
pursuant to subsection (1) of this section, it shall be
sufficient to charge the defendant by an unsworn written notice
as provided by law. Proceedings to enforce regulations enacted
pursuant to subsection (1) of this section may be brought in the
name of the board in a circuit court, a justice court or a
municipal court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent
jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered
shall be paid to the clerk of the court involved and shall be
disposed of as provided by law. + }
SECTION 85. { + (1) For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, Portland
State University may require the fingerprints of a person who:
(a)(A) Is employed or applying for employment by the
university; or
(B) Provides services or seeks to provide services to the
university as a contractor or volunteer; and
(b) Is, or will be, working or providing services in a position
that is designated as a critical or security-sensitive position.
(2) For the purposes of this section, 'critical or
security-sensitive position' means a position in which the
person:
(a) Has direct access to persons under 18 years of age, or has
direct access to student residence facilities because the
person's work duties require the person to be present in the
residence facility;
(b) Is providing information technology services and has
control over, or access to, information technology systems that
would allow the person to harm the information technology systems
or the information contained in the systems;
(c) Has access to information, the disclosure of which is
prohibited by state or federal laws, rules or regulations or
information that is defined as confidential under state or
federal laws, rules or regulations;
(d) Has access to property where chemicals, hazardous materials
and other items controlled by state or federal laws or
regulations are located;
(e) Has access to laboratories, nuclear facilities or utility
plants to which access is restricted to protect the health or
safety of the public;
(f) Has financial, financial aid, payroll or purchasing
responsibilities as one of the person's primary responsibilities;
or
(g) Has access to personal information about university
employees or members of the public including Social Security
numbers, dates of birth, driver license numbers, medical
information, personal financial information or criminal
background information. + }
SECTION 86. { + Portland State University may adopt policies
relating to the creation, use, custody and disclosure of,
including access to, student education records of the university
that are consistent with the requirements of applicable state and
federal law. Whenever a student has attained 18 years of age or
is attending the university, the permission or consent required
of and the rights accorded to a parent of the student regarding
education records is thereafter only required of and accorded to
the student. + }
SECTION 87. { + (1) Portland State University may not refuse
admission or expel a student for the sole reason that, because of
religious beliefs, the student is unable to attend classes on a
particular day.
(2) Any student enrolled at the university who, because of
religious beliefs, is unable to attend classes on a particular
day, must be excused on that day from any examination, study
requirement or work requirement. However, at the student's own
expense, the student may be required to make up the examination,
study requirement or work requirement missed because of the
absence. + }
SECTION 88. { + (1) A student enrolled at Portland State
University who is a member of the military 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 university's
practice 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 section 89 of this 2012
Act for all amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the university, the
right to be readmitted and reenrolled at the university within
one year after release from active duty without a requirement for
redetermination of admission eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the 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 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 Portland State University Board of Directors 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. + }
SECTION 89. { + (1)(a) The amount of the credit specified in
section 88 (1)(b) of this 2012 Act 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 Portland
State University or from the 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 university under section 88 (1)(c)
of this 2012 Act; 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
university.
(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 university that the student died while serving on
active duty.
(5) The Portland State University Board of Directors 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. + }
SECTION 90. { + Portland State University 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 Portland State University Board
of Directors. + }
SECTION 91. { + (1) Portland State University shall charge an
enrolled student who is not a resident of this state and who is
attending classes as an undergraduate tuition and fees no greater
than the resident rate plus 50 percent of the difference between
the resident rate and the nonresident rate if the student served
in the Armed Forces of the United States and was relieved or
discharged from that service under honorable conditions.
(2) The university shall participate to the fullest extent
allowed in the federal educational assistance programs under the
Supplemental Appropriations Act, 2008 (P.L. 110-252) so as to
reduce the overall tuition rate for students eligible for tuition
rate reduction under subsection (1) of this section to the
resident tuition rate.
(3) A person who served in the Armed Forces of the United
States and who receives federal tuition benefits in excess of the
tuition and fees the person is charged under subsection (1) of
this section at the university shall pay tuition and fees equal
to the federal tuition benefits received.
(4) Distance education and self-support courses as identified
by the university are exempt from the tuition reduction
provisions of this section.
(5) If a nonresident student otherwise eligible for tuition
benefits under this section is receiving federal vocational
rehabilitation education benefits, that student shall pay full
nonresident tuition and fees charged by Portland State
University. + }
SECTION 92. { + (1) Portland State University shall convene a
physical access committee to identify barriers to access by
persons with disabilities at the university. The committee shall
include, but not be limited to:
(a) One or more students with disabilities or, if there are no
students with disabilities willing to participate, a person with
a disability who uses the university's facilities;
(b) One or more members of the faculty or staff who have
disabilities;
(c) The coordinator of services for students with disabilities
for the university;
(d) One or more administrators of the university; and
(e) One or more members of the physical plant staff of the
university.
(2) The physical access committee shall present its findings
and recommendations to the Portland State University Board of
Directors, listing access needs and priorities for meeting those
needs. These findings and recommendations shall identify the
barriers to access that prevent persons with disabilities from
meaningfully utilizing campus facilities related to instruction,
academic support, assembly and residence life.
(3) In preparing funding requests for each biennium pursuant to
section 81 of this 2012 Act, the university shall include amounts
for capital improvement that will be applied to the substantial
reduction and eventual elimination of barriers to access by
persons with disabilities as identified by the physical access
committee.
(4) Nothing in this section and ORS 185.155 and 341.937
requires the university to undertake projects for accessibility
that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly. + }
SECTION 93. { + (1) The Portland State University Board of
Directors may adopt policies governing access to Portland State
University personnel records that are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on
access unless the president of the university finds 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 rule or order adopted pursuant to this section may not
deny to a faculty member full access to the member's personnel
file or records kept by the university, except as provided in
subsection (4)(d) and (e) of this section.
(4)(a) The files relating to the evaluation of a faculty member
shall be kept in designated, available locations.
(b) 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.
(c) A faculty member shall be entitled to submit, for placement
in the 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.
(d) Letters and other information for a faculty member of the
university submitted in confidence to the State Board of Higher
Education or its institutions, schools or departments prior to
July 1, 1975, shall be maintained in the files designated by
paragraph (a) of this subsection. 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 files designated
by paragraph (a) of this subsection.
(e) Confidential letters and other information submitted to or
solicited by the university after July 1, 2012, and prior to the
employment of a prospective faculty member are exempt from the
provisions of this paragraph. However, if the member is employed
by the university, the confidential preemployment materials shall
be placed in the files designated by paragraph (a) of this
subsection. 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 files
designated by paragraph (a) of this subsection.
(f) Classroom survey evaluations 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 by paragraph (a) of this subsection. All
survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(g) The university, 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
the individuals or groups provide kept confidential.
(5) A policy or order adopted pursuant to this section does not
limit the authority of the university to prepare, without
identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel
records.
(6) Any category of personnel records specifically designated
as confidential pursuant to valid policies or orders as provided
in this section may not be deemed a public record for the
purposes of ORS 192.420.
(7) As used in this section, 'personnel records' means records
containing information kept by the university concerning a
faculty member and furnished by the faculty member or by others
about the faculty member at the member's or at the university's
request, including but not limited to information concerning
discipline, membership activity and employment performance, or
other personal records of individual persons. + }
SECTION 94. { + (1) The Portland State University Board of
Directors may authorize receipt of compensation by 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 Portland State 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
university and the private entity; and
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment 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 the 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 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 conflicts
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. + }
SECTION 95. { + The president and professors constitute the
faculty of Portland State University and have the immediate
government and discipline of it and the students therein. The
faculty may, subject to the supervision of the Portland State
University Board of Directors, prescribe the course of study to
be pursued at the university and the textbooks to be used. + }
SECTION 96. { + Portland State University shall consider and
maintain affirmative action plans and goals when reductions in
faculty and staff are required as a result of:
(1) Reductions in revenue that necessitate discontinuance of
the university's educational program at its anticipated level;
(2) Elimination of classes due to decreased student enrollment;
or
(3) Reduction in courses due to administrative decisions. + }
SECTION 97. { + A political or sectarian test may never be
allowed or applied in the appointment of faculty and other
employees of Portland State University. + }
SECTION 98. { + (1) Nothing in sections 65 to 114 of this 2012
Act may be construed to impair the obligations or agreements of
the State of Oregon or the State Board of Higher Education with
respect to bonds, certificates of participation, financing
agreements or other agreements for the borrowing of money issued
prior to the effective date of this 2012 Act by the State of
Oregon on behalf of the State Board of Higher Education for
equipment or projects for the benefit of Portland State
University. The university and the Oregon University System shall
take all actions necessary to ensure full compliance with all
indentures, resolutions, declarations, agreements and other
documents issued with respect to the bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to the effective date of this
2012 Act by the State of Oregon on behalf of the State Board of
Higher Education for the benefit of the university.
(2) The university and the Oregon University System shall
establish, in a written agreement that is subject to the approval
of the State Treasurer:
(a) The responsibility of the university for the payment to the
State Board of Higher Education of moneys sufficient to pay when
due all principal, interest and any other charges on bonds,
certificates of participation, financing agreements or other
agreements for the borrowing of money issued prior to the
effective date of this 2012 Act by the State of Oregon on behalf
of the State Board of Higher Education for the benefit of the
university; and
(b) A requirement that the university periodically provide cash
flow projections and other information as the State Treasurer
requests to determine the sufficiency of the university's
revenues to satisfy the requirements of bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of money issued prior to and after the effective date
of this 2012 Act by the State of Oregon for the benefit of the
university, credit enhancement devices or agreements for exchange
of interest rates entered into in connection with those
borrowings and any loans to the university funded by state
general obligation bonds issued prior to the effective date of
this 2012 Act.
(3)(a) Holders of obligations issued on or after the effective
date of this 2012 Act by the university may be paid after the
university reserves sufficient funds each biennium to satisfy any
payment or reserve requirements relating to bonds, certificates
of participation, financing agreements or other agreements for
the borrowing of moneys issued by the State of Oregon for the
benefit of the university, credit enhancement devices or
agreements for exchange of interest rates entered into in
connection with those borrowings and loans to the university
funded by state general obligation bonds.
(b) The university may pledge all or a portion of its remaining
rents, revenues, receipts, appropriations or other income to
secure revenue bonds issued under section 99 of this 2012 Act,
credit enhancement devices or agreements for exchange of interest
rates related to such revenue bonds, or other obligations issued
by the university, but only to the extent that:
(A) Such holders have no rights, liens or other interests with
respect to such rents, revenues, receipts, appropriations or
other income of the university that are on parity with or are
senior or superior to the rights granted to the State of Oregon
and the holders of bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys issued by the State Treasurer for the benefit of the
university, credit enhancement devices or agreements for exchange
of interest rates entered into in connection with those
borrowings and loans to the university funded by state general
obligation bonds issued prior to the effective date of this 2012
Act; and
(B) The State Board of Higher Education, the Oregon Department
of Administrative Services or the State of Oregon is granted a
lien or other security interest in the rents, revenues, receipts,
appropriations or other income of the university that is superior
to any lien or other security interest granted to the holders of
obligations issued by the university.
(4)(a) The principal, interest and any premium on any bonds,
certificates of participation, financing agreements or other
agreements for the borrowing of moneys issued before or after the
effective date of this 2012 Act by the State of Oregon for the
benefit of the university, and any credit enhancement devices or
agreements for exchange of interest rates entered into in
connection with those borrowings, shall be paid from the sources
specified in the laws and documents authorizing the bond,
certificate of participation, financing agreement or other
agreement for the borrowing of moneys, credit enhancement device
or agreement for exchange of interest rates. The university must
pay any other expenses and liabilities, including but not limited
to closing costs, 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, except to the extent that the liability or
expense results from the negligence or willful misconduct of a
state agency.
(b) 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, cause or
proceeding arising from any bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys, and any credit enhancement devices or agreements for
exchange of interest rates entered into in connection with those
borrowings, issued by the State of Oregon for the benefit of the
university.
(5) Any amounts deposited with the State Treasurer, the
Controller of the Oregon University System, or the Oregon
Department of Administrative Services or its designated agents,
in any debt service in reserve accounts for the debt service
associated with any bonds, certificates of participation,
financing agreements or other agreements for the borrowing of
moneys issued prior to the effective date of this 2012 Act by the
State of Oregon on behalf of the State Board of Higher Education
for the benefit of the university shall remain with the State
Treasurer, the Controller of the Oregon University System, or the
Oregon Department of Administrative Services or its designated
agents, until such time as the bonds, certificates of
participation, financing agreements or other agreements for the
borrowing of moneys, for which such debt service in reserve
accounts has been established, have been retired or defeased. + }
SECTION 99. { + Portland State University may from time to
time issue and sell revenue bonds in accordance with ORS chapter
287A. The university must receive approval from the Oregon
Education Investment Board before issuing or selling any revenue
bonds. However, the provisions contained in ORS 287A.150 (2) to
(6) do not apply to revenue bonds issued by the university. Such
revenue bonds are neither a general obligation of the university
nor a charge upon any revenues or property of the university not
specifically pledged thereto. An obligation described in this
section is not an indebtedness of the State of Oregon. + }
SECTION 100. { + Revenue bonds issued by Portland State
University under section 99 of this 2012 Act are considered to be
bonds or obligations of a political subdivision of the State of
Oregon for the purposes of all laws of this state. + }
SECTION 101. { + Refunding bonds and advance refunding bonds
of the same character and tenor as those replaced by them may be
issued by Portland State University pursuant to ORS 287A.360 to
287A.380. + }
SECTION 102. { + In addition to, and not in limitation of, the
means of satisfying state general obligation bond obligations
under ORS 291.445, Portland State University, promptly upon the
discovery of any shortfall in moneys available to the university
for the payment when due of amounts under any bonds, certificates
of participation, financing agreements or other agreements for
the borrowing of moneys issued prior to the effective date of
this 2012 Act by the State of Oregon on behalf of the State Board
of Higher Education for equipment or projects for the benefit of
the university, shall notify in writing the Legislative Assembly,
or if the Legislative Assembly is not in session, the Emergency
Board, of the existence and amount of the shortfall. The
Legislative Assembly or the Emergency Board, as the case may be,
may allocate funds to satisfy the payment of any such amount. By
enacting this section, the Legislative Assembly acknowledges its
current intention to allocate, from funds other than those
appropriated or otherwise made available to the Oregon University
System or to the Oregon Department of Administrative Services for
direct allocation to the university, funds to pay such amount.
However, except as may be required by the Oregon Constitution or
ORS 291.445, neither the Legislative Assembly nor the Emergency
Board shall have any legal obligation to allocate funds under
this section. + }
SECTION 103. { + In order to provide funds for the purposes
specified in article XI-G of the Oregon Constitution, the
Portland State University Board of Directors may request the
State Treasurer to issue bonds in accordance with the provisions
of ORS chapter 286A. + }
SECTION 104. { + In order to provide funds for the purposes
specified in Article XI-F(1) of the Oregon Constitution, the
Portland State University Board of Directors may request the
State Treasurer to issue bonds in accordance with the provisions
of ORS chapter 286A. + }
SECTION 105. { + If the electors of this state authorize the
issuance of bonds for the benefit of Portland State University
individually or in its capacity as a public university, the
Portland State University Board of Directors may request the
State Treasurer to issue bonds for such purposes in accordance
with the provisions of ORS chapter 286A. + }
SECTION 106. { + If the Portland State University Board of
Directors requests the State Treasurer to issue bonds pursuant to
sections 103 to 105 of this 2012 Act, the board shall be a
related agency under ORS 286A.001 to 286A.195 for issuance or
administration of the bonds. + }
SECTION 107. { + As used in sections 107 to 111 of this 2012
Act:
(1) 'Credit enhancement agreement' means any agreement or
contractual relationship between Portland State University and
any bank, trust company, insurance company, surety bonding
company, pension fund or other financial institution providing
additional credit on or security for a financing agreement or
certificates of participation authorized by sections 107 to 111
of this 2012 Act.
(2) 'Financing agreement' means a lease-purchase agreement, an
installment sale agreement, a loan agreement, a note agreement,
short-term promissory notes, commercial papers, lines of credit
or similar obligations or any other agreement to finance real or
personal property that is or will be owned and operated by the
university, or to refinance previously executed financing
agreements.
(3) 'Personal property' means tangible personal property,
software and fixtures.
(4) 'Property rights' means, with respect to personal property,
the rights of a secured party under ORS chapter 79, and, with
respect to real property, the rights of a trustee or lender under
a lease authorized by section 110 (1)(d) of this 2012 Act.
(5) 'Software' means software and training and maintenance
contracts related to the operation of computing equipment. + }
SECTION 108. { + (1) Subject to the limitations of section 99
of this 2012 Act, Portland State University may enter into
financing agreements in accordance with sections 107 to 111 of
this 2012 Act, upon such terms as the university finds to be
advantageous. Amounts payable by the university under a
financing agreement shall be limited to funds available for such
purposes under section 99 of this 2012 Act and specifically
pledged, budgeted for or otherwise made available by the
university. If there are insufficient funds available to pay
amounts due under a financing agreement, the lender may exercise
any property rights that the university has granted to it in the
financing agreement against the property that was purchased with
the proceeds of the financing agreement, and may apply the
amounts so received toward payments scheduled to be made by the
university under the financing agreement.
(2) Subsection (1) of this section does not apply to, and the
university may not grant a security interest in, lease as
security for or grant any other right under, a financing
agreement with respect to any real or personal property that has
been financed with general obligation bonds, certificates of
participation, financing agreements or other borrowings of the
State of Oregon for the benefit of the university unless those
obligations of the State of Oregon are fully paid. + }
SECTION 109. { + The Portland State University Board of
Directors may delegate to any board member, the president of
Portland State University or the president's designee the
authority to determine maturity dates, principal amounts,
redemption provisions, interest rates or methods for determining
variable or adjustable interest rates, denominations and other
terms and conditions of such obligations that are not
appropriately determined at the time of enactment or adoption of
the authorizing resolution. The board may also delegate entering
into financing agreements or any other instruments authorized by
law. This delegated authority shall be exercised subject to
applicable requirements of law and such limitations and criteria
as may be set forth in the authorizing resolution. + }
SECTION 110. { + (1) Portland State University may:
(a) Enter into agreements with third parties to hold financing
agreement proceeds, payments and reserves as security for
lenders, and to issue certificates of participation in the right
to receive payments due from the university under a financing
agreement. Amounts so held shall be invested at the direction of
the Portland State University Board of Directors. Interest
earned on any investments held as security for a financing
agreement may, at the option of the board, be credited to the
accounts held by the third party and applied in payment of sums
due under a financing agreement.
(b) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such
credit enhancement agreements shall be payable solely from funds
specifically pledged, budgeted for or otherwise made available by
the university and amounts received from the exercise of property
rights granted under such financing agreements.
(c) Use financing agreements to finance the costs of acquiring
or refinancing real or personal property, plus the costs of
reserves, credit enhancements and costs associated with obtaining
the financing.
(d) Grant leases of real property with a trustee or lender.
Such leases may be for a term that ends on the date on which all
amounts due under a financing agreement 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 a financing
agreement, whichever is later. Such leases may grant the trustee
or lender the right to evict the university and exclude it 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 a financing agreement, or otherwise defaults under a
financing agreement. Upon default, the trustee or lender may
sublease the land to third parties and apply any rentals toward
payments scheduled to be made under a financing agreement.
(e) Grant security interests in personal property to trustees
or lenders.
(f) Make pledges for the benefit of trustees and lenders.
(g) Purchase fire and extended coverage or other casualty
insurance for property that is acquired or refinanced with
proceeds of a financing agreement, assign the proceeds thereof to
a lender or trustee to the extent of their interest, and covenant
to maintain such insurance while the financing agreement is
unpaid, as long as available funds are sufficient to purchase
such insurance.
(2) The provisions of subsection (1) of this section do not
apply to, and the university may not grant a security interest
in, lease as security for or grant any other right under, a
financing agreement with respect to any real or personal property
that has been financed with general obligation bonds,
certificates of participation, financing agreements or other
borrowings of the State of Oregon for the benefit of the
university unless those obligations of the State of Oregon are
fully paid. + }
SECTION 111. { + A lease or financing agreement under sections
107 to 111 of this 2012 Act does not cause property to be subject
to property taxation and is disregarded in determining whether
property is exempt from taxation under ORS chapter 307. + }
SECTION 112. { + The Portland State University Board of
Directors 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 and sections 100 to 111
of this 2012 Act. 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. + }
SECTION 113. { + (1) The Oregon Education Investment Board, in
coordination with Portland State University, shall adopt
performance benchmarks for the university. The benchmarks must
reflect the educational outcomes that the Oregon Education
Investment Board expects from the university. The Oregon
Education Investment Board may not prescribe how the benchmarks
are to be achieved. The president of the university and the
Portland State University Board of Directors have exclusive
jurisdiction and control over the means and methods of achieving
the performance benchmarks.
(2) The Oregon Education Investment Board annually shall assess
the university's compliance with the benchmarks described in
subsection (1) of this section and shall issue an annual report
as to the university's achievements. The investment board may
recommend to the Legislative Assembly incentives to encourage
compliance with the benchmarks or penalties for failure to comply
with one or more benchmarks.
(3) The university and the Oregon University System shall
coordinate academic programs so that the programs are integrated
and complementary. To accomplish this purpose, university
officers shall maintain a role in the appropriate committees of
the State Board of Higher Education and the Oregon University
System.
(4) The Oregon Education Investment Board shall have final
authority over creation of new degree programs at Portland State
University. + }
SECTION 114. { + The Portland State University Board of
Directors 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 administered by Portland
State University, 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 the university report amounts of tax credit
certificates issued by the university and cease issuing
certificates until the total amount owed to the General Fund by
the university at any one time under ORS 351.697 (6) does not
exceed $2.4 million; and
(3) That the university maintain records of income realized by
the university as the result of grants made from the university
venture development fund and records of amounts paid to the
General Fund. + }
SECTION 115. { + As used in sections 115 to 126 of this 2012
Act:
(1) 'Former university' means Portland State University in its
former status as a university within the Oregon University System
under ORS 352.002, as set forth in the 2011 Edition of the Oregon
Revised Statutes.
(2) 'University' means Portland State University as established
under section 66 of this 2012 Act.
(3) 'University board' means the Portland State University
Board of Directors established under section 68 of this 2012
Act. + }
SECTION 116. { + (1) Pursuant to the provisions of ORS 236.605
to 236.640, and except as otherwise expressly provided in
sections 65 to 114 of this 2012 Act, all persons employed by
Portland State University on the effective date of this 2012 Act
shall continue their employment with the university and shall
retain any seniority, contractual rights or tenure granted prior
to the effective date of this 2012 Act.
(2) Nothing in sections 65 to 114 of this 2012 Act shall affect
the representation rights of collective bargaining organizations
that represent university employees. Nothing in sections 65 to
114 of this 2012 Act shall affect any term or condition of any
collective bargaining agreement in effect on the effective date
of this 2012 Act. + }
SECTION 117. { + All of the duties, functions and powers of
the former university are transferred to the university as if the
university were a continuation of the former university and not a
new authority. + }
SECTION 118. { + (1) All records and property of the former
university shall be considered the records and property of the
university.
(2) There are transferred to the Portland State University
Board of Directors title to and possession of all the supplies,
materials, equipment, records, books, papers and facilities of
the State Board of Higher Education pertaining to the former
university.
(3) Title to real property acquired prior to the effective date
of this 2012 Act utilized by the former university or held or
managed by the State of Oregon for the benefit of the former
university shall be continuously held in the name of the State of
Oregon, except that the university has the exclusive care,
custody and control of such real property and facilities.
(4) The Portland State University Board of Directors may sell,
convey or lease such property, or any interest therein, as the
university board deems in the best interest of the university as
provided in section 77 of this 2012 Act. + }
SECTION 119. { + All unexpended moneys, including but not
limited to General Fund appropriations, gifts, bequests, other
funds, assessments, liability and worker's compensation reserves
and premiums that are appropriated to, held, managed or invested
by or on behalf of or otherwise available to the former
university or its president, for the purposes of any of its
duties, functions or powers transferred by sections 65 to 114 of
this 2012 Act to the university, are appropriated and transferred
to the university. + }
SECTION 120. { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before the
effective date of this 2012 Act by the former university, with
respect to the duties, functions or powers transferred to the
university by sections 65 to 114 of this 2012 Act and still
pending on the effective date of this 2012 Act may be conducted
and completed by the university in the same manner, under the
same terms and conditions and with the same effect as though
undertaken, conducted or completed by the former university
before the transfer.
(2) The transfer of duties, functions and powers to the
Portland State University Board of Directors under sections 65 to
114 of this 2012 Act does not affect any action, suit, proceeding
or prosecution involving or with respect to such duties,
functions and powers begun before and pending at the time of the
transfer, except that the university board shall be substituted
for the State Board of Higher Education in any such action, suit,
proceeding or prosecution.
(3) Any proceeding, action, prosecution or other business or
matter undertaken or commenced before the effective date of this
2012 Act by a state officer or agency, with respect to the
duties, functions or powers transferred to the university and
still pending on the effective date of this 2012 Act, may be
conducted and completed by the university in the same manner,
under the same terms and conditions and with the same effect as
though undertaken, conducted or completed by the former
university before the transfer. + }
SECTION 121. { + Nothing in sections 65 to 114 of this 2012
Act relieves any person of any obligation with respect to a tax,
fee, fine or other charge, interest, penalty, forfeiture or other
liability, duty or obligation. + }
SECTION 122. { + The university is considered to be a
continuation of the former university with respect to its duties,
functions and powers, and not a new authority for the purpose of
succession to all rights and obligations of the former university
as constituted at the time of such assignment or transfer, except
as otherwise provided in sections 65 to 114 of this 2012 Act,
with the same force and effect as if such duties, functions and
powers had not been assigned or transferred. + }
SECTION 123. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the former
university, or an employee of the former university, whose
duties, functions or powers are assigned or transferred by
sections 65 to 114 of this 2012 Act, except as otherwise provided
by sections 65 to 114 of this 2012 Act, such reference is
considered to describe the university or employee of the
university that, by sections 65 to 114 of this 2012 Act, is
charged with carrying out such duties, functions and powers.
(2) There are imposed upon, transferred to and vested in the
Portland State University Board of Directors the duties,
functions and powers of the State Board of Higher Education that
pertain to the former university.
(3) Notwithstanding the transfer of duties, functions and
powers by sections 65 to 114 of this 2012 Act, the lawfully
adopted rules of the State Board of Higher Education pertaining
to the former university in effect on the effective date of this
2012 Act continue in effect until lawfully superseded or repealed
by the Portland State University Board of Directors. References
in rules of the State Board of Higher Education to the state
board or an officer or employee of the state board are considered
to be references to the Portland State University Board of
Directors. + }
SECTION 124. { + A transfer of duties, functions, powers,
rights, records, property, employees or moneys by sections 65 to
114 of this 2012 Act becomes operative on July 1, 2012. The
university shall exercise and perform such duties, functions,
powers and rights, and shall take charge of such records,
property, employees and moneys. + }
SECTION 125. { + The rights and obligations of the State Board
of Higher Education legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
effective date of this 2012 Act pertaining to the former
university are transferred to the Portland State University Board
of Directors. For the purpose of succession to these rights and
obligations, the university board is considered to be a
continuation of the State Board of Higher Education and not a new
authority, and the university board must exercise such rights and
fulfill such obligations as if they had not been transferred. + }
SECTION 126. { + For the purpose of administering and
enforcing the duties, functions and powers transferred by
sections 65 to 114 of this 2012 Act and for the payment of the
expenses lawfully incurred by the State Board of Higher Education
with respect to the administration and enforcement of such
duties, functions and powers pertaining to the former university,
the Portland State University Board of Directors may expend the
moneys that are authorized to be expended by the State Board of
Higher Education for administering and enforcing the duties,
functions and powers transferred by sections 65 to 114 of this
2012 Act and that are unexpended on the effective date of this
2012 Act. Subject to section 98 of this 2012 Act, the university
board shall assume and pay all outstanding obligations lawfully
incurred by the State Board of Higher Education pertaining to the
former university before the effective date of this 2012 Act that
are properly charged against amounts authorized by this section
to be expended by the university board. + }
{ +
REPORT TO LEGISLATIVE ASSEMBLY IN 2016 + }
SECTION 127. { + Prior to December 1, 2016, the Oregon
Education Investment Board shall submit a report to the
Legislative Assembly in the manner prescribed by ORS 192.245. The
report shall review the impact of the changes resulting from the
separation of the University of Oregon and Portland State
University from the Oregon University System upon higher
education in this state. The report shall also make
recommendations regarding any additional changes necessary to the
governing structures of public higher education in this state,
including both establishment of additional independent public
universities or return of all public universities to a single
governing structure. + }
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 128. ORS 21.007 is amended to read:
21.007. It is the intent of the Legislative Assembly that
funding be provided to the following entities by appropriations
each biennium to fund programs, services and activities that were
funded through court fees before the 2011-2013 biennium:
(1) To the counties of this state for the purposes of funding
mediation services, conciliation services and other services in
domestic relations cases.
(2) To the counties of this state for the purposes of funding
the operation of law libraries or of providing law library
services.
(3) To the { - Oregon University System - } { + Portland
State University and the University of Oregon + } to fund the
programs and expenses of the Mark O. Hatfield School of
Government and the University of Oregon School of Law under ORS
36.100 to 36.238 and 183.502.
(4) To the Housing and Community Services Department for the
purpose of funding programs that defray the cost of rent for
dwelling units for very low income households.
(5) To the Oregon University System to fund clinical legal
education programs at accredited institutions of higher education
that provide civil legal services to victims of domestic
violence, stalking or sexual assault.
(6) To the State Department of Agriculture for the purpose of
funding mediation programs established by the department, other
than individual farm credit mediations.
(7) To the Judicial Department for the purposes of funding the
appellate mediation program established under ORS 2.560.
(8) To the Department of Human Services for the funding of the
Office of Children's Advocate.
SECTION 129. ORS 30.264 is amended to read:
30.264. (1) { + (a) + } The State Board of Higher Education may
authorize public universities listed in ORS 352.002 to provide
liability insurance coverage for students involved in off-campus
experiential activities, including, but not limited to, student
teaching, internships, clinical experiences, capstone projects
and related activities.
{ - (2) - } { + (b) + } If commercial liability insurance
coverage is not available to the public universities, students
participating in the activities described in { - subsection (1)
of this section - } { + paragraph (a) of this subsection + }
shall be considered to be acting within the course and scope of
state employment duties for purposes of ORS 30.260 to 30.300.
{ + (2)(a) The University of Oregon Board of Directors may
authorize the University of Oregon to provide liability insurance
coverage for students involved in off-campus experiential
activities, including, but not limited to, student teaching,
internships, clinical experiences, capstone projects and related
activities.
(b) If commercial liability insurance is not available to the
university, students participating in the activities described in
paragraph (a) of this subsection shall be considered to be acting
within the course and scope of university employment duties for
the purposes of ORS 30.260 to 30.300.
(3)(a) The Portland State University Board of Directors may
authorize Portland State University to provide liability
insurance coverage for students involved in off-campus
experiential activities, including, but not limited to, student
teaching, internships, clinical experiences, capstone projects
and related activities.
(b) If commercial liability insurance is not available to the
university, students participating in the activities described in
paragraph (a) of this subsection shall be considered to be acting
within the course and scope of university employment duties for
the purposes of ORS 30.260 to 30.300. + }
SECTION 130. ORS 30.864 is amended to read:
30.864. (1) Any person claiming to be aggrieved by the reckless
disclosure of personally identifiable information from a
student's education records as prohibited by rules of the State
Board of Education { + , the Portland State University Board of
Directors, the University of Oregon Board of Directors + } or the
State Board of Higher Education may file a civil action in
circuit court for equitable relief or, subject to the terms and
conditions of ORS 30.265 to 30.300, for damages, or both. The
court may order such other relief as may be appropriate.
(2) The action authorized by this section shall be filed within
two years of the alleged unlawful disclosure.
(3) In an action brought under this section, the court may
allow the prevailing party costs, disbursements and reasonable
attorney fees.
SECTION 131. ORS 36.145 is amended to read:
36.145. The Dispute Resolution Account is established in the
State Treasury, separate and distinct from the General Fund. All
moneys received under ORS 36.150 shall be deposited to the credit
of the account. Notwithstanding the provisions of ORS 291.238,
all moneys in the account are continuously appropriated to the
{ - Oregon University System - } { + University of Oregon or
Portland State University + } for the purposes for which the
moneys were made available and shall be expended in accordance
with the terms and conditions upon which the moneys were made
available.
SECTION 132. ORS 36.150 is amended to read:
36.150. { - The Oregon University System - } { + Portland
State University + }, on behalf of the Mark O. Hatfield School of
Government { + , + } and { + the University of Oregon, on behalf
of + } the University of Oregon School of Law, may accept and
expend moneys from any public or private source, including the
federal government, made available for the purpose of
encouraging, promoting or establishing dispute resolution
programs in Oregon or to facilitate and assist the schools in
carrying out the responsibilities of the schools under ORS 36.100
to 36.238 and 183.502. All moneys received by { - the Oregon
University System - } { + Portland State University and the
University of Oregon + } under this section shall be deposited in
the Dispute Resolution Account.
SECTION 133. ORS 36.155 is amended to read:
36.155. The Dean of the University of Oregon School of Law
shall award grants for the purpose of providing dispute
resolution services in counties. Grants under this section shall
be made from funds { - appropriated - } { + allocated + } to
the { - Oregon University System - } { + University of
Oregon + } on behalf of the University of Oregon School of Law
for distribution under this section. The { - State Board of
Higher Education - } { + University of Oregon Board of
Directors + } may adopt rules for the operation of the grant
program.
SECTION 134. ORS 131.594 is amended to read:
131.594. (1) After the seizing agency distributes property
under ORS 131.588, and when the seizing agency is not the state,
the seizing agency shall dispose of and distribute property as
follows:
(a) The seizing agency shall pay costs first from the property
or its proceeds. As used in this subsection, 'costs ' includes
the expenses of publication, service of notices, towing, storage
and servicing or maintaining the seized property under ORS
131.564.
(b) After costs have been paid, the seizing agency shall
distribute to the victim any amount the seizing agency was
ordered to distribute under ORS 131.588 (4).
(c) After costs have been paid and distributions under
paragraph (b) of this subsection have been made, the seizing
agency shall distribute the rest of the property to the general
fund of the political subdivision that operates the seizing
agency.
(2) Of the property distributed under subsection (1)(c) of this
section, the political subdivision shall distribute:
(a) Three percent to the Asset Forfeiture Oversight Account
established in ORS 131A.460;
(b) Seven percent to the Illegal Drug Cleanup Fund established
in ORS 475.495 for the purposes specified in ORS 475.495 (5) and
(6); and
(c) Ten percent to the state General Fund.
(3) Of the property distributed under subsection (1)(c) of this
section that remains in the general fund of the political
subdivision after the distributions required by subsection (2) of
this section have been made:
(a) Fifty percent must be for official law enforcement use; and
(b) Fifty percent must be used for substance abuse treatment
pursuant to a plan developed under ORS 430.420.
(4) Except as otherwise provided by intergovernmental
agreement, the seizing agency may:
(a) Sell, lease, lend or transfer the property or proceeds to
any federal, state or local law enforcement agency or district
attorney.
(b) Sell the forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain the property.
(d) With written authorization from the district attorney for
the seizing agency's jurisdiction, destroy any firearms or
controlled substances.
(5) A political subdivision may sell as much property as may be
needed to make the distributions required by subsections (1) and
(2) of this section. A political subdivision shall make
distributions to the Asset Forfeiture Oversight Account, the
Illegal Drug Cleanup Fund and the state General Fund that are
required by subsection (2) of this section once every three
months. The distributions are due within 20 days of the end of
each quarter. Interest does not accrue on amounts that are paid
within the period specified by this subsection.
(6) A seizing agency may donate growing equipment and
laboratory equipment that was used, or intended for use, in
manufacturing of controlled substances to a public school,
{ + a + } community college { - or - } { + , a + } public
university listed in ORS 352.002 { + , Portland State University
or the University of Oregon + }.
(7) This section applies only to criminal forfeiture proceeds
arising out of prohibited conduct.
SECTION 135. ORS 181.871 is amended to read:
181.871. (1) ORS 181.870 to 181.887 do not apply to:
(a) A person certified by the Department of Public Safety
Standards and Training as a police officer or a parole and
probation officer.
(b) A law enforcement officer of the United States.
(c) An officer or employee of this state, { + the University
of Oregon established by section 2 of this 2012 Act, Portland
State University established by section 66 of this 2012 Act, + }
Oregon Health and Science University established by ORS 353.020
or the United States while performing duties of the office or
employment.
(d) A person appointed or commissioned by the Governor to
perform law enforcement or security services.
(e) An attorney admitted to practice law in this state while
engaged in the practice of law.
(f) An insurance adjuster licensed in this state while
performing duties authorized by the license.
(g) A person who monitors alarm systems that are not designed
to detect threats to public safety or personal well-being.
(h) A person while protecting the person's property.
(i) A person who repairs and installs intrusion alarms while
repairing or installing intrusion alarms.
(j) A person acting as an investigator as defined in ORS
703.401.
(k) A person performing crowd management or guest services,
including, but not limited to, a person described as a ticket
taker, an usher, a parking attendant or event staff or a person
employed for the purpose of age verification and controlling
access at an entrance of the premises by a licensee of the Oregon
Liquor Control Commission.
(L) A person performing security services at a facility
regulated by the United States Nuclear Regulatory Commission if
the facility is operated by the person's employer.
(m) An individual while on active duty as a member of the armed
services or while performing duties as a law enforcement officer.
(n) An employee of a financial institution who has been
designated as a security officer for the financial institution
pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et
seq.) and regulations adopted thereunder or pursuant to ORS
723.276 (5).
(o) A person who provides security services as a volunteer or
for de minimis consideration other than money for an event
operated for the benefit of a corporation that is organized not
for profit pursuant to ORS chapter 65 or any predecessor of ORS
chapter 65 or that is exempt from taxation under section 501(a)
of the Internal Revenue Code as an organization described in
section 501(c) of the Internal Revenue Code.
(p) A student enrolled in a community college as defined in ORS
341.005 while engaged in nonconfrontational activities that
contribute to campus safety under the direct or indirect
supervision of a law enforcement professional or private security
professional certified or licensed by the Department of Public
Safety Standards and Training, provided the community college has
conducted a criminal background check on the student.
(2) The exemption provided by subsection (1)(k) of this section
applies only:
(a) To a person who is not:
(A) Armed;
(B) Permitted to initiate confrontational activities; or
(C) Hired with the primary responsibility of taking enforcement
action as described in ORS 181.870 (8)(f);
(b) If there is at least one person on-site who is certified or
licensed under ORS 181.878 for every 10 or fewer uncertified
persons performing the services described in subsection (1)(k) of
this section;
(c) If any enforcement action, as described in ORS 181.870
(8)(f), other than incidental or temporary action, is taken by or
under the supervision of a person certified or licensed under ORS
181.878; and
(d) During the time when a crowd has assembled for the purpose
of attending or taking part in an organized event, including
pre-event assembly, event operation hours and post-event
departure activities.
SECTION 136. ORS 182.122 is amended to read:
182.122. (1) As used in this section:
(a) 'Executive department' has the meaning given that term in
ORS 174.112.
(b) 'Information systems' means computers, hardware, software,
storage media, networks, operational procedures and processes
used in the collection, processing, storage, sharing or
distribution of information within, or with any access beyond
ordinary public access to, the state's shared computing and
network infrastructure.
(2) The Oregon Department of Administrative Services has
responsibility for and authority over information systems
security in the executive department, including taking all
measures reasonably necessary to protect the availability,
integrity or confidentiality of information systems or the
information stored in information systems. The Oregon Department
of Administrative Services shall, after consultation and
collaborative development with agencies, establish a state
information systems security plan and associated standards,
policies and procedures.
(3) The Oregon Department of Administrative Services, in its
sole discretion, shall:
(a) Review and verify the security of information systems
operated by or on behalf of agencies;
(b) Monitor state network traffic to identify and react to
security threats; and
(c) Conduct vulnerability assessments of agency information
systems for the purpose of evaluating and responding to the
susceptibility of information systems to attack, disruption or
any other event that threatens the availability, integrity or
confidentiality of information systems or the information stored
in information systems.
(4) The Oregon Department of Administrative Services shall
contract with qualified, independent consultants for the purpose
of conducting vulnerability assessments under subsection (3) of
this section.
(5) In collaboration with agencies, the Oregon Department of
Administrative Services shall develop and implement policies for
responding to events that damage or threaten the availability,
integrity or confidentiality of information systems or the
information stored in information systems, whether those systems
are within, interoperable with or outside the state's shared
computing and network infrastructure. In the policies, the
department shall prescribe actions reasonably necessary to:
(a) Promptly assemble and deploy in a coordinated manner the
expertise, tools and methodologies required to prevent or
mitigate the damage caused or threatened by an event;
(b) Promptly alert other persons of the event and of the
actions reasonably necessary to prevent or mitigate the damage
caused or threatened by the event;
(c) Implement forensic techniques and controls developed under
subsection (6) of this section;
(d) Evaluate the event for the purpose of possible improvements
to the security of information systems; and
(e) Communicate and share information with agencies, using
preexisting incident response capabilities.
(6) After consultation and collaborative development with
agencies, the Oregon Department of Administrative Services shall
implement forensic techniques and controls for the security of
information systems, whether those systems are within,
interoperable with or outside the state's shared computing and
network infrastructure. The techniques and controls must include
the use of specialized expertise, tools and methodologies, to
investigate events that damage or threaten the availability,
integrity or confidentiality of information systems or the
information stored in information systems. The department shall
consult with the Oregon State Police, the Office of Emergency
Management, the Governor and others as necessary in developing
forensic techniques and controls under this section.
(7) The Oregon Department of Administrative Services shall
ensure that reasonably appropriate remedial actions are
undertaken when the department finds that such actions are
reasonably necessary by reason of vulnerability assessments of
information systems under subsection (3) of this section,
evaluation of events under subsection (5) of this section and
other evaluations and audits.
(8)(a) Agencies are responsible for the security of computers,
hardware, software, storage media, networks, operational
procedures and processes used in the collection, processing,
storage, sharing or distribution of information outside the
state's shared computing and network infrastructure following
information security standards, policies and procedures
established by the Oregon Department of Administrative Services
and developed collaboratively with agencies. Agencies may
establish plans, standards and measures that are more stringent
than the standards established by the department to address
specific agency needs if those plans, standards and measures do
not contradict or contravene the state information systems
security plan. Independent agency security plans shall be
developed within the framework of the state information systems
security plan.
(b) An agency shall report the results of any vulnerability
assessment, evaluation or audit conducted by the agency to the
department for the purposes of consolidating statewide security
reporting and, when appropriate, to prompt a state incident
response.
(9) This section does not apply to:
(a) Research and student computer systems used by or in
conjunction with the { + University of Oregon, Portland State
University, the + } State Board of Higher Education or any public
university listed in ORS 352.002; and
(b)(A) Gaming systems and networks operated by the Oregon State
Lottery or its contractors; or
(B) The results of Oregon State Lottery reviews, evaluations
and vulnerability assessments of computer systems outside the
state's shared computing and network infrastructure.
(10) The Oregon Department of Administrative Services shall
adopt rules to carry out its responsibilities under this section.
SECTION 137. ORS 183.635 is amended to read:
183.635. (1) Except as provided in this section, all agencies
must use administrative law judges assigned from the Office of
Administrative Hearings established under ORS 183.605 to conduct
contested case hearings, without regard to whether those hearings
are subject to the procedural requirements for contested case
hearings.
(2) The following agencies need not use administrative law
judges assigned from the office:
(a) Attorney General.
(b) Boards of stewards appointed by the Oregon Racing
Commission.
(c) Bureau of Labor and Industries and the Commissioner of the
Bureau of Labor and Industries.
(d) Department of Corrections.
(e) Department of Education, State Board of Education and
Superintendent of Public Instruction.
(f) Department of Human Services for vocational rehabilitation
services cases under 29 U.S.C. 722(c) and disability
determination cases under 42 U.S.C. 405.
(g) Department of Revenue.
(h) Department of State Police.
(i) Employment Appeals Board.
(j) Employment Relations Board.
(k) Energy Facility Siting Council.
(L) Fair Dismissal Appeals Board.
(m) Governor.
(n) Land Conservation and Development Commission.
(o) Land Use Board of Appeals.
(p) Local government boundary commissions created pursuant to
ORS 199.430.
(q) Oregon University System and public universities listed in
ORS 352.002.
(r) Oregon Youth Authority.
{ + (s) Portland State University. + }
{ - (s) - } { + (t) + } Psychiatric Security Review Board.
{ - (t) - } { + (u) + } The Oregon Health Authority for
hearings conducted under ORS 161.315 to 161.351.
{ - (u) - } { + (v) + } Public Utility Commission.
{ - (v) - } { + (w) + } State Accident Insurance Fund
Corporation.
{ - (w) - } { + (x) + } State Apprenticeship and Training
Council.
{ - (x) - } { + (y) + } State Board of Parole and
Post-Prison Supervision.
{ - (y) - } { + (z) + } State Land Board.
{ - (z) - } { + (aa) + } State Treasurer.
{ + (bb) University of Oregon. + }
{ - (aa) - } { + (cc) + } Wage and Hour Commission.
(3) The Workers' Compensation Board is exempt from using
administrative law judges assigned from the office for any
hearing conducted by the board under ORS chapters 147, 654 and
656. Except as specifically provided in this subsection, the
Department of Consumer and Business Services must use
administrative law judges assigned from the office only for
contested cases arising out of the department's powers and duties
under:
(a) ORS 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapter
59;
(b) ORS chapter 455;
(c) ORS chapter 674;
(d) ORS chapters 706 to 716;
(e) ORS chapter 717;
(f) ORS chapters 723, 725 and 726; and
(g) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A,
744, 746, 748 and 750.
(4) Notwithstanding any other provision of law, in any
proceeding in which an agency is required to use an
administrative law judge assigned from the office, an officer or
employee of the agency may not conduct the hearing on behalf of
the agency.
(5) Notwithstanding any other provision of ORS 183.605 to
183.690, an agency is not required to use an administrative law
judge assigned from the office if:
(a) Federal law requires that a different administrative law
judge or hearing officer be used; or
(b) Use of an administrative law judge from the office could
result in a loss of federal funds.
(6) Notwithstanding any other provision of this section, the
Department of Environmental Quality must use administrative law
judges assigned from the office only for contested case hearings
conducted under the provisions of ORS 183.413 to 183.470.
SECTION 138. ORS 184.475 is amended to read:
184.475. (1) The purposes of information technology
portfolio-based management are to:
(a) Ensure that state agencies link their information
technology investments with business plans;
(b) Facilitate risk assessment of information technology
projects and investments;
(c) Ensure that state agencies justify information technology
investments on the basis of sound business cases;
(d) Ensure that state agencies facilitate development and
review of information technology performance related to business
operations;
(e) Identify projects that can cross agency and program lines
to leverage resources; and
(f) Assist in state government-wide planning for common, shared
information technology infrastructure.
(2) The Oregon Department of Administrative Services shall
integrate state agency strategic and business planning,
technology planning and budgeting and project expenditure
processes into the department's information technology
portfolio-based management.
(3) In cooperation with state agencies, the department shall
conduct and maintain a continuous inventory of each state
agency's current and planned investments in information
technology, a compilation of information about those assets and
the total life cycle cost of those assets. The department shall
develop and implement state government-wide standards, processes
and procedures for the required inventory and for the management
of the state government-wide information technology portfolio.
State agencies shall participate in the information technology
portfolio-based management and shall comply with the standards,
processes and procedures established by the department under this
subsection. The provisions of this subsection do not relieve any
state agency from accountability for equipment, materials,
supplies and tangible and intangible personal property under its
control.
(4) The department shall ensure that state agencies implement
portfolio-based management of information technology resources in
accordance with this section and with rules adopted by the
Director of the Oregon Department of Administrative Services.
(5) This section does not apply to competitive research grants
and contracts at public universities listed in ORS 352.002 { + ,
Portland State University or the University of Oregon + }.
(6) In implementing the provisions of this section, the
department shall submit state government-wide policies for review
to the Joint Legislative Committee on Information Management and
Technology.
SECTION 139. ORS 184.477 is amended to read:
184.477. (1) The purpose of enterprise management is to create
a plan and implement a state government-wide approach for
managing distributed information technology assets to minimize
total ownership costs from acquisition through retirement, while
realizing maximum benefits for transacting the state's business
and delivering services to its citizens.
(2) With input and recommendations from state agencies, the
Oregon Department of Administrative Services shall develop a plan
for the state government-wide management of distributed
information technology assets. The plan shall prescribe the state
government-wide infrastructure and services for managing these
assets. The plan shall be submitted to the Joint Legislative
Committee on Information Management and Technology for review.
(3) Following review by the Joint Legislative Committee on
Information Management and Technology, the department shall
ensure state agency implementation of the plan, including the
development of appropriate standards, processes and procedures.
(4) State agencies shall participate in the enterprise
management of information technology assets and shall comply with
the standards, processes and procedures of the department.
(5) This section does not apply to competitive research grants
and contracts at public universities listed in ORS 352.002 { + ,
Portland State University or the University of Oregon + }.
SECTION 140. ORS 184.631 is amended to read:
184.631. (1) The Department of Transportation shall establish a
public-private partnership research and development program.
(2) As part of the program established under this section, the
department may enter into joint research and development
agreements for the purpose of developing products for market that
may reduce the cost of maintenance and preservation or extend the
useful life of the state's highways or that may improve highway
safety. The department may enter into agreements with the
following:
(a) Individuals.
(b) Businesses.
(c) Nonprofit organizations.
(d) The State Board of Higher Education.
{ + (e) The University of Oregon.
(f) Portland State University. + }
(3) The department may enter into agreements under subsection
(2) of this section that allow the department to obtain royalties
or other financial benefits from the sale or use of products
developed through the public-private partnership research and
development program.
(4) Moneys that the department is authorized to spend on
planning and research may be used for development of products
under this section.
(5) The department shall adopt rules that govern the
solicitation and selection of product development projects that
will receive funding under the program established under this
section.
SECTION 141. ORS 190.410 is amended to read:
190.410. As used in ORS 190.410 to 190.440, 'public agency '
includes:
(1) Any county, city, special district or other public
corporation, commission, authority or entity organized and
existing under laws of this state, or any other state, or under
the city or county charter of any county or city of this or any
other state;
(2) Any agency of this state or any other state; { - and - }
(3) Oregon Health and Science University { + ;
(4) Portland State University; and
(5) The University of Oregon + }.
SECTION 142. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University { + ,
Portland State University, the University of Oregon + } or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a public university listed in ORS 352.002, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to { + Portland State University, the University of
Oregon or + } the Oregon University System.
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
public university listed in ORS 352.002 { + , Portland State
University, the University of Oregon + } or Oregon Health and
Science University.
(30) The name, home address, professional address or location
of a person that is engaged in, or that provides goods or
services for, medical research at Oregon Health and Science
University that is conducted using animals other than rodents.
This subsection does not apply to Oregon Health and Science
University press releases, websites or other publications
circulated to the general public.
(31) If requested by a public safety officer, as defined in ORS
181.610:
(a) The home address and home telephone number of the public
safety officer contained in the voter registration records for
the public safety officer.
(b) The home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(c) The name of the public safety officer contained in county
real property assessment or taxation records. This exemption:
(A) Applies only to the name of the public safety officer and
any other owner of the property in connection with a specific
property identified by the officer in a request for exemption
from disclosure;
(B) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(C) Applies until the public safety officer requests
termination of the exemption;
(D) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(E) May not result in liability for the county if the name of
the public safety officer is disclosed after a request for
exemption from disclosure is made under this subsection.
(32) Unless the public records request is made by a financial
institution, as defined in ORS 706.008, consumer finance company
licensed under ORS chapter 725, mortgage banker or mortgage
broker licensed under ORS 86A.095 to 86A.198, or title company
for business purposes, records described in paragraph (a) of this
subsection, if the exemption from disclosure of the records is
sought by an individual described in paragraph (b) of this
subsection using the procedure described in paragraph (c) of this
subsection:
(a) The home address, home or cellular telephone number or
personal electronic mail address contained in the records of any
public body that has received the request that is set forth in:
(A) A warranty deed, deed of trust, mortgage, lien, deed of
reconveyance, release, satisfaction, substitution of trustee,
easement, dog license, marriage license or military discharge
record that is in the possession of the county clerk; or
(B) Any public record of a public body other than the county
clerk.
(b) The individual claiming the exemption from disclosure must
be a district attorney, a deputy district attorney, the Attorney
General or an assistant attorney general, the United States
Attorney for the District of Oregon or an assistant United States
attorney for the District of Oregon, a city attorney who engages
in the prosecution of criminal matters or a deputy city attorney
who engages in the prosecution of criminal matters.
(c) The individual claiming the exemption from disclosure must
do so by filing the claim in writing with the public body for
which the exemption from disclosure is being claimed on a form
prescribed by the public body. Unless the claim is filed with the
county clerk, the claim form shall list the public records in the
possession of the public body to which the exemption applies. The
exemption applies until the individual claiming the exemption
requests termination of the exemption or ceases to qualify for
the exemption.
(33) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
(34) Sensitive business records or financial or commercial
information of the State Accident Insurance Fund Corporation that
is not customarily provided to business competitors. This
exemption does not:
(a) Apply to the formulas for determining dividends to be paid
to employers insured by the State Accident Insurance Fund
Corporation;
(b) Apply to contracts for advertising, public relations or
lobbying services or to documents related to the formation of
such contracts;
(c) Apply to group insurance contracts or to documents relating
to the formation of such contracts, except that employer account
records shall remain exempt from disclosure as provided in ORS
192.502 (35); or
(d) Provide the basis for opposing the discovery of documents
in litigation pursuant to the applicable rules of civil
procedure.
(35) Records of the Department of Public Safety Standards and
Training relating to investigations conducted under ORS 181.662
or 181.878 (6), until the department issues the report described
in ORS 181.662 or 181.878.
(36) A medical examiner's report, autopsy report or laboratory
test report ordered by a medical examiner under ORS 146.117.
(37) Any document or other information related to an audit of a
public body, as defined in ORS 174.109, that is in the custody of
an auditor or audit organization operating under nationally
recognized government auditing standards, until the auditor or
audit organization issues a final audit report in accordance with
those standards or the audit is abandoned. This exemption does
not prohibit disclosure of a draft audit report that is provided
to the audited entity for the entity's response to the audit
findings.
SECTION 143. ORS 192.501, as amended by section 3, chapter 455,
Oregon Laws 2005, section 7, chapter 608, Oregon Laws 2007,
section 2, chapter 687, Oregon Laws 2007, section 2, chapter 48,
Oregon Laws 2008, section 3, chapter 57, Oregon Laws 2009,
section 2, chapter 135, Oregon Laws 2009, section 4, chapter 222,
Oregon Laws 2009, section 2, chapter 769, Oregon Laws 2009,
section 15, chapter 9, Oregon Laws 2011, section 2, chapter 285,
Oregon Laws 2011, and section 69, chapter 637, Oregon Laws 2011,
is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University { + ,
Portland State University, the University of Oregon + } or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a public university listed in ORS 352.002, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to { + Portland State University, the University of
Oregon or + } the Oregon University System.
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
public university listed in ORS 352.002 { + , Portland State
University, the University of Oregon + } or Oregon Health and
Science University.
(30) If requested by a public safety officer, as defined in ORS
181.610:
(a) The home address and home telephone number of the public
safety officer contained in the voter registration records for
the public safety officer.
(b) The home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(c) The name of the public safety officer contained in county
real property assessment or taxation records. This exemption:
(A) Applies only to the name of the public safety officer and
any other owner of the property in connection with a specific
property identified by the officer in a request for exemption
from disclosure;
(B) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(C) Applies until the public safety officer requests
termination of the exemption;
(D) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(E) May not result in liability for the county if the name of
the public safety officer is disclosed after a request for
exemption from disclosure is made under this subsection.
(31) Unless the public records request is made by a financial
institution, as defined in ORS 706.008, consumer finance company
licensed under ORS chapter 725, mortgage banker or mortgage
broker licensed under ORS 86A.095 to 86A.198, or title company
for business purposes, records described in paragraph (a) of this
subsection, if the exemption from disclosure of the records is
sought by an individual described in paragraph (b) of this
subsection using the procedure described in paragraph (c) of this
subsection:
(a) The home address, home or cellular telephone number or
personal electronic mail address contained in the records of any
public body that has received the request that is set forth in:
(A) A warranty deed, deed of trust, mortgage, lien, deed of
reconveyance, release, satisfaction, substitution of trustee,
easement, dog license, marriage license or military discharge
record that is in the possession of the county clerk; or
(B) Any public record of a public body other than the county
clerk.
(b) The individual claiming the exemption from disclosure must
be a district attorney, a deputy district attorney, the Attorney
General or an assistant attorney general, the United States
Attorney for the District of Oregon or an assistant United States
attorney for the District of Oregon, a city attorney who engages
in the prosecution of criminal matters or a deputy city attorney
who engages in the prosecution of criminal matters.
(c) The individual claiming the exemption from disclosure must
do so by filing the claim in writing with the public body for
which the exemption from disclosure is being claimed on a form
prescribed by the public body. Unless the claim is filed with the
county clerk, the claim form shall list the public records in the
possession of the public body to which the exemption applies. The
exemption applies until the individual claiming the exemption
requests termination of the exemption or ceases to qualify for
the exemption.
(32) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
(33) Sensitive business records or financial or commercial
information of the State Accident Insurance Fund Corporation that
is not customarily provided to business competitors. This
exemption does not:
(a) Apply to the formulas for determining dividends to be paid
to employers insured by the State Accident Insurance Fund
Corporation;
(b) Apply to contracts for advertising, public relations or
lobbying services or to documents related to the formation of
such contracts;
(c) Apply to group insurance contracts or to documents relating
to the formation of such contracts, except that employer account
records shall remain exempt from disclosure as provided in ORS
192.502 (35); or
(d) Provide the basis for opposing the discovery of documents
in litigation pursuant to the applicable rules of civil
procedure.
(34) Records of the Department of Public Safety Standards and
Training relating to investigations conducted under ORS 181.662
or 181.878 (6), until the department issues the report described
in ORS 181.662 or 181.878.
(35) A medical examiner's report, autopsy report or laboratory
test report ordered by a medical examiner under ORS 146.117.
(36) Any document or other information related to an audit of a
public body, as defined in ORS 174.109, that is in the custody of
an auditor or audit organization operating under nationally
recognized government auditing standards, until the auditor or
audit organization issues a final audit report in accordance with
those standards or the audit is abandoned. This exemption does
not prohibit disclosure of a draft audit report that is provided
to the audited entity for the entity's response to the audit
findings.
SECTION 144. ORS 205.450 is amended to read:
205.450. As used in ORS 205.450 to 205.470:
(1) 'Encumbrance' means a claim, lien, charge or liability
attached to and binding property.
(2) 'Encumbrance claimant' means a person who purportedly
benefits from the filing of an encumbrance.
(3) 'Federal official or employee' has the meaning given the
term 'employee of the government' in the Federal Tort Claims Act
(28 U.S.C. 2671).
(4) 'Filing' includes filing or recording.
(5) 'Invalid claim of encumbrance' means a claim of encumbrance
that is not a valid claim of encumbrance.
(6) 'Property' includes, but is not limited to, real and
personal property.
(7) 'State or local official or employee' means an appointed or
elected official, employee or agent of:
(a) A branch of government of this state or a state agency,
board, commission or department of a branch of government of this
state;
(b) A public university listed in ORS 352.002 { + , Portland
State University or the University of Oregon + };
(c) A community college or local school district in this state;
(d) A city, county or other political subdivision in this
state; or
(e) A public corporation in this state.
(8) 'Valid claim of encumbrance' is an encumbrance that:
(a) Is an encumbrance authorized by statute;
(b) Is a consensual encumbrance recognized under the laws of
this state; or
(c) Is an equitable, constructive or other encumbrance imposed
by a court of competent jurisdiction.
SECTION 145. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(2) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(3) 'Board' means the Public Employees Retirement Board.
(4) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(5) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(6) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(7) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(8) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
a federal program intended primarily to alleviate unemployment.
However, any such person shall be considered an ' employee' if
not otherwise excluded by paragraphs (a) to (c) of this
subsection and the public employer elects to have the person so
considered by an irrevocable written notice to the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(9) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(10) 'Firefighter' does not include a volunteer firefighter,
but does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(11) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(12) 'Fund' means the Public Employees Retirement Fund.
(13) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095 and who is not retired for
service or disability.
(14) 'Institution of higher education' means a public
university listed in ORS 352.002, the Oregon Health and Science
University { + , Portland State University, the University of
Oregon + } and a community college, as defined in ORS 341.005.
(15) 'Member' means a person who has established membership in
the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(16) 'Member account' means the regular account and the
variable account.
(17) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(18) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(19) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Police officers who are commissioned by a university under
ORS 352.383 and who are classified as police officers by the
university.
(g) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(h) Police officers appointed under ORS 276.021 or 276.023.
(i) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(j) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(k) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(L) Investigators of the Criminal Justice Division of the
Department of Justice.
(m) Corrections officers as defined in ORS 181.610.
(n) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(o) The Director of the Department of Corrections.
(p) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(q) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(r) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(s) Employees at youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 who are required to hold valid Oregon teaching licenses
and who have supervisory, control or teaching responsibilities
over juveniles committed to the custody of the Department of
Corrections or the Oregon Youth Authority.
(t) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(u) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(20) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(21) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(22) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(23) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(24) 'Retired member' means a member who is retired for service
or disability.
(25) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(26)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments described in ORS 238.008; and
(D) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to public
universities of the Oregon University System { + , the University
of Oregon, Portland State University + } or the Oregon Health and
Science University when such services are in excess of full-time
employment subject to this chapter. A person employed under a
contract for less than 12 months is subject to this subparagraph
only for the months to which the contract pertains; or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(27) 'School year' means the period beginning July 1 and ending
June 30 next following.
(28) 'System' means the Public Employees Retirement System.
(29) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(30) 'Vested' means being an active member of the system in
each of five calendar years.
(31) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 146. ORS 238.200 is amended to read:
238.200. (1)(a) An active member of the Public Employees
Retirement System shall contribute to the Public Employees
Retirement Fund and there shall be withheld from salary of the
member six percent of that salary as an employee contribution.
(b) Notwithstanding paragraph (a) of this subsection, an
employee who is an active member of the system on August 21,
1981, shall contribute to the fund and there shall be withheld
from salary of the member, as long as the employee continues to
be an active member of the system, four percent of that salary if
the salary for a month is less than $500, or five percent of that
salary if the salary for a month is $500 or more and less than
$1,000. Notwithstanding subsection (2) of this section, for the
purpose of computing the percentage of salary to be withheld
under this paragraph from a member who is an employee of a school
district { + , Portland State University, the University of
Oregon + } or
{ - of - } the State Board of Higher Education whose salary is
based on an annual agreement, the agreed annual salary of the
member shall be divided into 12 equal installments, and each
installment shall be considered as earned and paid in separate,
consecutive months, commencing with the first month that payment
is actually made under the terms of the salary agreement.
(2) The contributions of each member as provided in subsection
(1) of this section shall be deducted by the employer from each
payroll and transmitted by the employer to the Public Employees
Retirement Board, which shall cause them to be credited to the
member account of the member. Salary shall be considered earned
in the month in which it is paid. The date inscribed on the
paycheck or warrant shall be considered as the pay date,
regardless of when the salary is actually delivered to the
member.
(3) An active member who is concurrently employed by more than
one participating public employer, and who is a member of or
entitled to membership in the system, shall make contributions to
the fund on the basis of salary paid by each employer.
(4) Notwithstanding subsections (1) to (3) of this section, a
member of the system, or a participating employer acting on
behalf of the member pursuant to ORS 238.205, is not permitted or
required to make employee contributions to the fund for service
performed on or after January 1, 2004. This subsection does not
affect any contribution for the purpose of unit purchases under
ORS 238.440 or amounts paid for acquisition of creditable service
under ORS 238.105 to 238.175.
SECTION 147. ORS 238.215 is amended to read:
238.215. Notwithstanding any other provision of this chapter:
(1) An employee, as defined in ORS 243.910 (2), who is an
active member of the system and who has elected, and not canceled
that election, to be assisted by the State Board of Higher
Education { + , the Portland State University Board of Directors
or the University of Oregon Board of Directors + } under ORS
243.920 (1), shall not contribute to the fund on any part of the
annual salary of the employee in excess of $4,800 at any time
during which the
{ - State Board of Higher Education - } { + relevant
board + } assists the employee under ORS 243.920 (1).
(2) The current service pension, whether for service or
disability retirement, under this chapter provided by the
contributions of the employers of such employee shall be:
(a) If the State Board of Higher Education { + , the Portland
State University Board of Directors or the University of Oregon
Board of Directors + } is assisting such employee under ORS
243.920 (1) at the time of retirement, a pension equal to the
annuity provided by the employee's accumulated contributions to
the fund.
(b) If the State Board of Higher Education { + , the Portland
State University Board of Directors or the University of Oregon
Board of Directors + } is not assisting such employee under ORS
243.920 (1) at the time of retirement, but previously so assisted
the employee:
(A) For service before the date the { - State Board of Higher
Education - } { + relevant board + } last ceased to assist the
employee, a pension equal to the annuity provided by the
employee's accumulated contributions to the fund before that
date.
(B) For service on and after the date the { - State Board of
Higher Education - } { + relevant board + } last ceased to so
assist the employee, a pension computed as provided in ORS
238.300 (2), but if the employee retires before reaching the
normal retirement age, actuarially reduced and computed on the
then attained age. For the purpose of computing the pension under
this subparagraph, only the number of years of membership of the
employee after the day before that date and only the salary of
the employee on which the employee contributes to the fund for
those years shall be considered.
(3) Subsection (2) of this section does not apply to an
employee, as defined in ORS 243.910 (2), who is an active member
of the system, who elected to be assisted by the State Board of
Higher Education { + , the Portland State University Board of
Directors or the University of Oregon Board of Directors + }
under ORS 243.920 (1) before January 1, 1968, who canceled that
election within the first 60 days of the calendar year 1968 as
provided in ORS 243.940 (5) and who does not thereafter elect to
be assisted by the { - State Board of Higher Education - }
{ + relevant board + } under ORS 243.920 (1).
(4) Subsection (2) of this section does not apply to an
employee, as defined in ORS 243.910 (2), who is an active member
of the system and has been an active member of the system
continuously since any date before January 1, 1968; who elected
to be assisted by the State Board of Higher Education { + , the
Portland State University Board of Directors or the University of
Oregon Board of Directors + } under ORS 243.920 (1) before
January 1, 1968; and who cancels that election in any calendar
year after 1968, but before the calendar year in which the
employee retires, as provided in ORS 243.940 (5) and does not
thereafter elect to be assisted by the { - State Board of
Higher Education - } { + relevant board + } under ORS 243.920
(1). In this case the benefit, whether for service or disability
retirement, shall be computed as under ORS 238.300; however, for
service during periods in which the employee was assisted by the
{ - State Board of Higher Education - } { + relevant board + }
under ORS 243.920 (1), a year of membership as used in ORS
238.300 (2) shall be a portion of a year which is represented by
a fraction the numerator of which is $4,800 and the denominator
of which is the salary earned by the employee in that year.
However, in no case shall the fraction be greater than one.
SECTION 148. ORS 238A.005 is amended to read:
238A.005. For the purposes of this chapter:
(1) 'Active member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan who is actively employed in a qualifying
position.
(2) 'Actuarial equivalent' means a payment or series of
payments having the same value as the payment or series of
payments replaced, computed on the basis of interest rate and
mortality assumptions adopted by the board.
(3) 'Board' means the Public Employees Retirement Board.
(4) 'Eligible employee' means a person who performs services
for a participating public employer, including elected officials
other than judges. 'Eligible employee' does not include:
(a) Persons engaged as independent contractors;
(b) Aliens working under a training or educational visa;
(c) Persons, other than workers in the Industries for the Blind
Program under ORS 346.190, provided sheltered employment or
make-work by a public employer;
(d) Persons categorized by a participating public employer as
student employees;
(e) Any person who is an inmate of a state institution;
(f) Employees of foreign trade offices of the Oregon Business
Development Department who live and perform services in foreign
countries under the provisions of ORS 285A.075 (1)(g);
(g) An employee actively participating in an alternative
retirement program established under ORS 353.250 or an optional
retirement plan established under ORS 341.551;
(h) Employees of the Oregon University System who are actively
participating in an optional retirement plan offered under ORS
243.800;
(i) Any employee who belongs to a class of employees that was
not eligible on August 28, 2003, for membership in the system
under the provisions of ORS chapter 238 or other law;
(j) Any person who belongs to a class of employees who are not
eligible to become members of the Oregon Public Service
Retirement Plan under the provisions of ORS 238A.070 (2);
(k) Any person who is retired under ORS 238A.100 to 238A.245 or
ORS chapter 238 and who continues to receive retirement benefits
while employed; and
(L) Judges.
(5) 'Firefighter' means:
(a) A person employed by a local government, as defined in ORS
174.116, whose primary job duties include the fighting of fires;
(b) The State Fire Marshal, the chief deputy state fire marshal
and deputy state fire marshals; and
(c) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(6) 'Fund' means the Public Employees Retirement Fund.
(7)(a) 'Hour of service' means:
(A) An hour for which an eligible employee is directly or
indirectly paid or entitled to payment by a participating public
employer for performance of duties in a qualifying position; and
(B) An hour of vacation, holiday, illness, incapacity, jury
duty, military duty or authorized leave during which an employee
does not perform duties but for which the employee is directly or
indirectly paid or entitled to payment by a participating public
employer for services in a qualifying position, as long as the
hour is within the number of hours regularly scheduled for the
performance of duties during the period of vacation, holiday,
illness, incapacity, jury duty, military duty or authorized
leave.
(b) 'Hour of service' does not include any hour for which
payment is made or due under a plan maintained solely for the
purpose of complying with applicable workers' compensation laws
or unemployment compensation laws.
(8) 'Inactive member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan whose membership has not been terminated, who is
not a retired member and who is not employed in a qualifying
position.
(9) 'Individual account program' means the defined contribution
individual account program of the Oregon Public Service
Retirement Plan established under ORS 238A.025.
(10) 'Institution of higher education' means a public
university listed in ORS 352.002, the Oregon Health and Science
University { + , Portland State University, the University of
Oregon + } or a community college, as defined in ORS 341.005.
(11) 'Member' means an eligible employee who has established
membership in the pension program or the individual account
program of the Oregon Public Service Retirement Plan and whose
membership has not been terminated under ORS 238A.110 or
238A.310.
(12) 'Participating public employer' means a public employer as
defined in ORS 238.005 that provides retirement benefits for
employees of the public employer under the system.
(13) 'Pension program' means the defined benefit pension
program of the Oregon Public Service Retirement Plan established
under ORS 238A.025.
(14) 'Police officer' means a police officer as described in
ORS 238.005.
(15) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an eligible employee
performs 600 or more hours of service in a calendar year,
excluding any service in a job for which benefits are not
provided under the Oregon Public Service Retirement Plan pursuant
to ORS 238A.070 (2).
(16) 'Retired member' means a pension program member who is
receiving a pension as provided in ORS 238A.180 to 238A.195.
(17)(a) 'Salary' means the remuneration paid to an active
member in return for services to the participating public
employer, including remuneration in the form of living quarters,
board or other items of value, to the extent the remuneration is
includable in the employee's taxable income under Oregon law.
Salary includes the additional amounts specified in paragraph (b)
of this subsection, but does not include the amounts specified in
paragraph (c) of this subsection, regardless of whether those
amounts are includable in taxable income.
(b) 'Salary' includes the following amounts:
(A) Payments of employee and employer money into a deferred
compensation plan that are made at the election of the employee.
(B) Contributions to a tax-sheltered or deferred annuity that
are made at the election of the employee.
(C) Any amount that is contributed to a cafeteria plan or
qualified transportation fringe benefit plan by the employer at
the election of the employee and that is not includable in the
taxable income of the employee by reason of 26 U.S.C. 125 or
132(f)(4), as in effect on December 31, 2010.
(D) Any amount that is contributed to a cash or deferred
arrangement by the employer at the election of the employee and
that is not included in the taxable income of the employee by
reason of 26 U.S.C. 402(e)(3), as in effect on December 31, 2010.
(E) Retroactive payments described in ORS 238.008.
(F) The amount of an employee contribution to the individual
account program that is paid by the employer and deducted from
the compensation of the employee, as provided under ORS 238A.335
(1) and (2)(a).
(G) The amount of an employee contribution to the individual
account program that is not paid by the employer under ORS
238A.335.
(H) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' does not include the following amounts:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer.
(B) Payments made on account of an employee's death.
(C) Any lump sum payment for accumulated unused sick leave,
vacation leave or other paid leave.
(D) Any severance payment, accelerated payment of an employment
contract for a future period or advance against future wages.
(E) Any retirement incentive, retirement bonus or retirement
gratuitous payment.
(F) Payment for a leave of absence after the date the employer
and employee have agreed that no future services in a qualifying
position will be performed.
(G) Payments for instructional services rendered to public
universities of the Oregon University System { + , the University
of Oregon, Portland State University + } or the Oregon Health and
Science University when those services are in excess of full-time
employment subject to this chapter. A person employed under a
contract for less than 12 months is subject to this subparagraph
only for the months covered by the contract.
(H) The amount of an employee contribution to the individual
account program that is paid by the employer and is not deducted
from the compensation of the employee, as provided under ORS
238A.335 (1) and (2)(b).
(I) Any amount in excess of $200,000 for a calendar year. If
any period over which salary is determined is less than 12
months, the $200,000 limitation for that period shall be
multiplied by a fraction, the numerator of which is the number of
months in the determination period and the denominator of which
is 12. The board shall adopt rules adjusting this dollar limit to
incorporate cost-of-living adjustments authorized by the Internal
Revenue Service.
(18) 'System' means the Public Employees Retirement System.
SECTION 149. ORS 240.185 is amended to read:
240.185. (1) On and after January 1, 1984, the number of
persons employed by the state shall not exceed 1.5 percent of the
state's population of the prior year.
(2) The population figure shall be that required by ORS 190.510
to 190.610.
(3) This section applies to all full-time equivalent budgeted
positions.
(4) This section does not apply to the Governor, the Secretary
of State, the State Treasurer, the Supreme Court or the
Legislative Assembly in the conduct of duties vested in any of
them by the Oregon Constitution. However, this exception applies
only to the office of the Governor and not to the executive
branch of government.
(5) This section does not apply to personnel who administer
unemployment insurance benefits programs of the Employment
Department, to personnel who administer programs required to be
implemented as a condition for the continued certification of the
Employment Division Law by the United States Secretary of Labor
or to personnel who administer programs implemented by the United
States Department of Labor under federal law if the state is
required to enter into contracts to provide such programs.
(6) This section does not apply to personnel whose positions
are funded by the gifts, grants and contracts program in the
Oregon University System { + , Portland State University or the
University of Oregon + }.
(7) In order to assess the effect of subsection (1) of this
section, the Oregon Department of Administrative Services by
December 31 of each even-numbered year shall conduct a workload
analysis of each state agency, regardless of whether the agency
is exempt from the application of subsection (1) of this section.
The workload analysis of each agency shall be submitted to the
Legislative Assembly prior to its convening in the subsequent
odd-numbered year regular session and shall accompany the
agency's budget request before the Joint Ways and Means
Committee.
SECTION 150. ORS 243.105 is amended to read:
243.105. As used in ORS 243.105 to 243.285, unless the context
requires otherwise:
(1) 'Benefit plan' includes, but is not limited to:
(a) Contracts for insurance or other benefits, including
medical, dental, vision, life, disability and other health care
recognized by state law, and related services and supplies;
(b) Comparable benefits for employees who rely on spiritual
means of healing; and
(c) Self-insurance programs managed by the Public Employees'
Benefit Board.
(2) 'Board' means the Public Employees' Benefit Board.
(3) 'Carrier' means an insurance company or health care service
contractor holding a valid certificate of authority from the
Director of the Department of Consumer and Business Services, or
two or more companies or contractors acting together pursuant to
a joint venture, partnership or other joint means of operation,
or a board-approved guarantor of benefit plan coverage and
compensation.
(4)(a) 'Eligible employee' means an officer or employee of a
state agency who elects to participate in one of the group
benefit plans described in ORS 243.135. The term includes state
officers and employees in the exempt, unclassified and classified
service, and state officers and employees, whether or not
retired, who:
(A) Are receiving a service retirement allowance, a disability
retirement allowance or a pension under the Public Employees
Retirement System or are receiving a service retirement
allowance, a disability retirement allowance or a pension under
any other retirement or disability benefit plan or system offered
by the State of Oregon for its officers and employees;
(B) Are eligible to receive a service retirement allowance
under the Public Employees Retirement System and have reached
earliest retirement age under ORS chapter 238;
(C) Are eligible to receive a pension under ORS 238A.100 to
238A.245, and have reached earliest retirement age as described
in ORS 238A.165; or
(D) Are eligible to receive a service retirement allowance or
pension under another retirement benefit plan or system offered
by the State of Oregon and have attained earliest retirement age
under the plan or system.
(b) 'Eligible employee' does not include individuals:
(A) Engaged as independent contractors;
(B) Whose periods of employment in emergency work are on an
intermittent or irregular basis;
(C) Who are employed on less than half-time basis unless the
individuals are employed in positions classified as job-sharing
positions, unless the individuals are defined as eligible under
rules of the board;
(D) Appointed under ORS 240.309;
(E) Provided sheltered employment or make-work by the state in
an employment or industries program maintained for the benefit of
such individuals; or
(F) Provided student health care services in conjunction with
their enrollment as students at a public university listed in ORS
352.002 { + , Portland State University or the University of
Oregon + }.
(5) 'Family member' means an eligible employee's spouse and any
unmarried child or stepchild within age limits and other
conditions imposed by the board with regard to unmarried children
or stepchildren.
(6) 'Payroll disbursing officer' means the officer or official
authorized to disburse moneys in payment of salaries and wages of
employees of a state agency.
(7) 'Premium' means the monthly or other periodic charge for a
benefit plan.
(8) 'State agency' means every state officer, board,
commission, department or other activity of state government.
SECTION 151. ORS 243.107 is amended to read:
243.107. A person employed by a public university listed in ORS
352.002 { + , the University of Oregon, Portland State
University + } or the Oregon Health and Science University may be
considered an eligible employee for participation in one of the
group benefit plans described in ORS 243.135 if the State Board
of Higher Education, { + the University of Oregon Board of
Directors, the Portland State University Board of Directors, + }
or the Oregon Health and Science University Board of Directors
{ - for Oregon Health and Science University employees - } ,
determines that funds are available therefor and if:
(1) Notwithstanding ORS 243.105 (4)(b)(F), the person is a
student enrolled in an institution of higher education and is
employed as a graduate teaching assistant, graduate research
assistant or a fellow at the institution and elects to
participate; or
(2) Notwithstanding ORS 243.105 (4)(b)(B) or (C), the person is
employed on a less than half-time basis in an unclassified
instructional or research support capacity and elects to
participate.
SECTION 152. ORS 243.778 is amended to read:
243.778. (1) When an appropriate bargaining unit includes
members of the faculty of a public university listed in ORS
352.002, { + Portland State University or the University of
Oregon, + } the duly organized and recognized entity of student
government at that university may designate three representatives
to meet and confer with the public employer of those members of
the faculty and the exclusive representative of that appropriate
bargaining unit prior to collective bargaining.
(2) During the course of collective bargaining between the
public employer and the exclusive representative described in
subsection (1) of this section, the representatives of student
government designated under subsection (1) of this section shall:
(a) Be allowed to attend and observe all meetings between the
public employer and the exclusive representative at which
collective bargaining occurs;
(b) Have access to all written documents pertaining to the
collective bargaining negotiations exchanged by the public
employer and the exclusive representative, including copies of
any prepared written transcripts of the bargaining session;
(c) Be allowed to comment in good faith during the bargaining
sessions upon matters under consideration; and
(d) Be allowed to meet and confer with the exclusive
representative and the public employer regarding the terms of an
agreement between them prior to the execution of a written
contract incorporating that agreement.
(3) Rules regarding confidentiality and release of information
shall apply to student representatives in the same manner as
employer and employee bargaining unit representatives.
(4) As used in this section, 'meet and confer' means the
performance of the mutual obligation of the representatives of
student government designated under subsection (1) of this
section, the exclusive representative and the public employer, or
any two of them, to meet at the request of one of them at
reasonable times at a place convenient to all to conduct in good
faith an interchange of views concerning the duties of each under
this section, employment relations of the faculty, the
negotiation of an agreement and the execution of a written
agreement.
SECTION 153. ORS 243.820 is amended to read:
243.820. (1) In order to obtain the advantages of 26
U.S.C. 403(b), or any equivalent provision of federal law, an
employer may agree with an employee who performs services for an
educational institution that:
(a) The employee's salary will be reduced monthly by a stated
amount, or the employee will forgo monthly a salary increase of a
stated amount; and
(b) On behalf of the employee, the employer shall contribute
monthly an amount equal to the stated amount determined under
paragraph (a) of this subsection as premiums for an annuity
contract or to a custodial account for investment in the stock of
regulated investment companies as defined in 26 U.S.C.
403(b)(7)(C). The amount contributed by the employer under this
subsection may not exceed the stated amount.
(2) Notwithstanding any other provision of law, pursuant to an
agreement under subsection (1) of this section, the stated
amounts shall be forwarded by the employer as annuity premiums to
the company or association with which it has entered into an
annuity contract or to the regulated investment company or its
transfer agent for the benefit of the employee.
(3) An employer may make nonelective employer contributions on
behalf of an employee who performs services for an educational
institution as premiums for an annuity contract, or to a
custodial account for investment in the stock of regulated
investment companies as defined in 26 U.S.C. 403(b)(7)(C), for
the purpose of obtaining the advantages of 26 U.S.C. 403(b) or
any equivalent provision of federal law. Employer contributions
under this subsection are in addition to any employee
contributions under subsection (1) of this section.
(4) As used in this section:
(a) 'Educational institution' means an educational institution
that normally maintains a regular faculty and curriculum and
normally has a regularly organized body of students in attendance
at the place where its educational activities are carried on or
an education service district.
(b) 'Employer' means the State Board of Higher Education, any
other state agency, a community college district, a school
district, the Oregon Health and Science University { + , the
University of Oregon, Portland State University + } or an
education service district employing an individual who performs
services for an educational institution.
SECTION 154. ORS 243.850 is amended to read:
243.850. (1) An eligible football coach and the State Board of
Higher Education { + , the Portland State University Board of
Directors or the University of Oregon Board of Directors + } may
enter into an agreement to provide that:
(a) The coach's salary will be reduced monthly by a stated
amount that is not less than $25 a month, or the coach will forgo
monthly a salary increase of a stated amount that is not less
than $25 a month; and
(b) The State Board of Higher Education { + , the Portland
State University Board of Directors or the University of Oregon
Board of Directors + } will contribute monthly an amount equal to
the stated amount determined under paragraph (a) of this
subsection for the month to a designated qualified football
coaches plan. The amount contributed by the employer shall not
exceed the stated amount.
(2) The amount by which an eligible football coach's salary or
wages is reduced by reason of the salary reduction or forgoing of
a salary increase authorized by subsection (1) of this section
shall continue to be included as regular compensation for the
purpose of computing the retirement, pension and Social Security
benefits earned by the coach, but that amount shall not be
considered current taxable income for the purpose of computing
federal and state income taxes withheld on behalf of that coach.
(3) For the purposes of this section:
(a) 'Eligible football coach' means a staff member of the
Oregon University System { + , Portland State University or the
University of Oregon + } who primarily coaches football as a
full-time employee of a four-year university described in 26
U.S.C. 170(b)(1)(A)(ii).
(b) 'Qualified football coaches plan' has the meaning given
that term in 29 U.S.C. 1002(37).
SECTION 155. ORS 243.910 is amended to read:
243.910. As used in ORS 243.910 to 243.945:
(1) 'Board' means the State Board of Higher Education for all
public universities listed in ORS 352.002, { + the University of
Oregon Board of Directors for the University of Oregon, the
Portland State University Board of Directors for Portland State
University + } and { - for the Oregon Health and Science
University means - } the Oregon Health and Science University
Board of Directors { + for the Oregon Health and Science
University + }.
(2) 'Employees' means the persons appointed or employed by or
under the authority of the board who hold academic rank as
determined by the board.
(3) 'System' means the Public Employees Retirement System
established by ORS 238.600.
SECTION 156. ORS 243.945 is amended to read:
243.945. Notwithstanding ORS 243.910 to 243.945, any person who
is hired on or after September 9, 1995, is not eligible to be
assisted by the Oregon University System { + , Portland State
University or the University of Oregon + } under the provisions
of ORS 243.910 to 243.945.
SECTION 157. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
district attorneys and members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
(c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each public university listed in
ORS 352.002.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer and Business
Services.
(L) Director of the Department of State Lands.
(M) State Librarian.
(N) Administrator of Oregon Liquor Control Commission.
(O) Superintendent of State Police.
(P) Director of the Public Employees Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(U) Executive director of Oregon Government Ethics Commission.
(V) Director of the State Department of Energy.
(W) Director and each assistant director of the Oregon State
Lottery.
(X) Director of the Department of Corrections.
(Y) Director of the Oregon Department of Aviation.
(Z) Executive director of the Oregon Criminal Justice
Commission.
(AA) Director of the Oregon Business Development Department.
(BB) Director of the Office of Emergency Management.
(CC) Director of the Employment Department.
(DD) Chief of staff for the Governor.
(EE) Administrator of the Office for Oregon Health Policy and
Research.
(FF) Director of the Housing and Community Services Department.
(GG) State Court Administrator.
(HH) Director of the Department of Land Conservation and
Development.
(II) Board chairperson of the Land Use Board of Appeals.
(JJ) State Marine Director.
(KK) Executive director of the Oregon Racing Commission.
(LL) State Parks and Recreation Director.
(MM) Public defense services executive director.
(NN) Chairperson of the Public Employees' Benefit Board.
(OO) Director of the Department of Public Safety Standards and
Training.
(PP) Chairperson of the Oregon Student Access Commission.
(QQ) Executive director of the Oregon Watershed Enhancement
Board.
(RR) Director of the Oregon Youth Authority.
(SS) Director of the Oregon Health Authority.
(TT) Deputy Superintendent of Public Instruction.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official.
(j) Every member of a city or county planning, zoning or
development commission.
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Business Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Ethics Commission.
(H) Oregon Health Policy Board.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
(DD) Capitol Planning Commission.
(EE) Higher Education Coordinating Commission.
{ + (FF) University of Oregon Board of Directors.
(GG) Portland State University Board of Directors. + }
(q) The following officers of the State Treasurer:
(A) Deputy State Treasurer.
(B) Chief of staff for the office of the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
(s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate described in subsection (1) of this
section shall file with the commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate described in subsection (1) of this
section who was not a candidate in the preceding primary
election, or who was nominated for public office described in
subsection (1) of this section at the preceding primary election
by write-in votes, shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and
244.090.
(5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates on April 15.
Subsections (1) to (4) of this section also apply to persons who
do not become candidates until 30 days after the filing deadline
for the statewide general election.
(6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
SECTION 158. ORS 270.100 is amended to read:
270.100. (1)(a) Before offering for sale any real property or
equitable interest therein owned by the state, the state agency
acting for the state in such transaction shall report its intent
of sale or transfer to the Oregon Department of Administrative
Services. The department, or the agency specifically designated
by the department, shall notify other state agencies authorized
to own real property of the intended sale or transfer to
determine whether acquisition of the real property or interest
therein would be advantageous to another state agency.
(b) The department shall give political subdivisions, as
defined in ORS 271.005, the first opportunity after other state
agencies to acquire, purchase, exchange or lease real property to
be sold or disposed of by the State of Oregon. The state agency
responsible for selling or transferring the property may require
at the time of the sale or transfer that any state real property
sold or transferred to a political subdivision, as defined in ORS
271.005, shall be for use for a public purpose or benefit, and
not be for resale to a private purchaser.
(c) If property is not disposed of under paragraph (a) or (b)
of this subsection, in accordance with rules adopted by the
department, the state agency desiring to sell or transfer the
property shall cause it to be appraised by one or more competent
and experienced appraisers. Except as provided in ORS 273.825, if
such property has an appraised value exceeding $5,000 it shall
not be sold to any private person except after notice calling for
such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules to carry out the
provisions of this section.
(2) Before acquisition of any real property or interest therein
by any state agency, except for highway right of way acquired by
the Department of Transportation and park properties acquired by
the State Parks and Recreation Department and property within the
approved projected campus boundaries for public universities of
the Oregon University System { + , Portland State University or
the University of Oregon + }, the state agency shall report its
intent of acquisition to the Oregon Department of Administrative
Services. The department shall notify other state agencies owning
land of the intended acquisition to determine whether another
state agency desires to sell or transfer property which would
meet the needs of the purchasing agency. In accordance with rules
adopted by the Oregon Department of Administrative Services, if
no other state agency desires to sell or transfer property which
would meet the needs of the agency, the agency may acquire the
real property or interest therein, consistent with applicable
provisions of law.
(3) Before any terminal disposition of real property or an
interest in real property, the state agency acting for the state
in the transaction must secure approval of the transaction from
the Oregon Department of Administrative Services.
(4) Subsection (3) of this section does not apply to terminal
disposition of the following real property:
(a) Property controlled by the State Department of Fish and
Wildlife;
(b) State forestlands controlled by the State Forestry
Department;
(c) Property controlled by the Department of Transportation;
(d) Property controlled by the Department of State Lands;
(e) Property controlled by the Oregon University System { + ,
Portland State University or the University of Oregon + };
(f) Property controlled by the legislative or judicial branches
of state government; and
(g) Property controlled by the State Parks and Recreation
Department.
(5) Notwithstanding the provisions of subsection (4) of this
section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition
of public land for less than the fair market value of that land.
(6) The provisions of ORS 184.634, 270.005 to 270.015, 270.100
to 270.190, 273.416, 273.426 to 273.436, 273.551 and 308A.709 (1)
to (4) do not apply to a home or farm acquired, sold, or both, by
the Department of Veterans' Affairs under ORS 88.720, 406.050,
407.135, 407.145, 407.375 and 407.377.
SECTION 159. ORS 270.110 is amended to read:
270.110. (1) Except as provided in subsection (2) of this
section, whenever the state or any agency thereof possesses or
controls real property not needed for public use, or whenever the
public interest may be furthered, the state or its agency may
sell, exchange, convey or lease for any period not exceeding 99
years all or any part of its interest in the property to or with
the state or any political subdivision of the state or the United
States or any agency thereof or private individual or
corporation. Except where the state is exchanging real property,
the consideration for the transfer or lease may be cash or real
property, or both.
(2) If the ownership, right or title of the state to any real
property set apart by deed, will or otherwise for a burial ground
or cemetery, or for the purpose of interring the remains of
deceased persons, is limited or qualified or the use of such real
property is restricted, whether by dedication or otherwise, the
state or its agency may, after first declaring by resolution that
such real property is not needed for public use, or that the
sale, exchange, conveyance or lease thereof will further the
public interest, file a complaint in the circuit court for the
county in which such real property is located against all persons
claiming any right, title or interest in such real property,
whether the interest be contingent, conditional or otherwise, for
authority to sell, exchange, convey or lease all or any part of
such real property. The resolution is prima facie evidence that
such real property is not needed for public use, or that the
sale, exchange, conveyance or lease will further the public
interest. The action shall be commenced and prosecuted to final
determination in the same manner as an action not triable by
right to a jury. The complaint shall contain a description of
such real property, a statement of the nature of the
restrictions, qualifications or limitations, and a statement that
the defendants claim some interest therein. The court shall make
such judgment as it shall deem proper, taking into consideration
the limitations, qualifications or restrictions, the resolution
and all other matters pertinent thereto. Neither costs nor
disbursements may be recovered against any defendant.
(3) The authority to lease property granted by this section
includes authority to lease property not owned or controlled by
the state at the time of entering into the lease. Such lease
shall be conditioned upon the subsequent acquisition of the
interest covered by the lease.
(4) Any lease of state real property exceeding five years must
be approved in advance by the Oregon Department of Administrative
Services, except for leases:
(a) Negotiated by the Oregon Department of Aviation;
(b) Of state forestlands;
(c) Of property controlled by the Department of State Lands,
Department of Transportation { + , Portland State University,
University of Oregon + } or Oregon University System; or
(d) Of property controlled by the legislative or judicial
branches of state government.
SECTION 160. ORS 273.785 is amended to read:
273.785. ORS 273.551 and 273.775 to 273.790 do not apply to:
(1) Soil, clay, stone, sand and gravel acquired or used by
state agencies for the purpose of constructing or repairing roads
or other state facilities, or the proceeds from those materials.
(2) Mineral or geothermal resource rights or proceeds from
those rights acquired by the State Fish and Wildlife Commission
pursuant to an agreement with the federal government under 16
U.S.C. 669 to 669i (P.L. 75-415).
(3) Mineral or geothermal resource rights or proceeds from
those rights if other disposition is required by federal rules or
regulations or any agreement entered into at the time of
acquisition of the mineral or geothermal resource rights by the
state.
(4) Proceeds of mineral and geothermal resource rights acquired
by the state pursuant to ORS 530.010 and 530.030, other than
those distributed under ORS 530.110 (1)(c).
(5) Mineral or geothermal resource rights or proceeds from
those rights acquired after January 1, 1974, for the state by the
Department of Veterans' Affairs pursuant to ORS 88.720, 406.050
(2), 407.135 or 407.145. After consultation, the Department of
State Lands and the Department of Veterans' Affairs shall enter
into an interagency agreement governing consultation between them
concerning mineral and geothermal resource values on properties
acquired for the state by the Department of Veterans' Affairs.
The Department of Veterans' Affairs shall adopt rules relating to
the release of mineral and geothermal rights on such properties.
(6) Mineral or geothermal resource rights or proceeds from
those rights given by a donor to any public university or office,
department or activity under the control of the State Board of
Higher Education { + , the Portland State University Board of
Directors or the University of Oregon Board of Directors + } that
are acquired or held for the state by the State Board of Higher
Education pursuant to ORS chapters 351 and 567 { + , the Portland
State University Board of Directors pursuant to sections 65 to
114 of this 2012 Act and ORS chapter 567 or the University of
Oregon Board of Directors pursuant to sections 1 to 52 of this
2012 Act and ORS chapter 567 + }. In managing mineral or
geothermal resource leases, the State Board of Higher
Education { + , the Portland State University Board of Directors
or the University of Oregon Board of Directors + } shall consult
with the Department of State Lands in accordance with an
interagency agreement established by the department and the State
Board of Higher Education { + , the Portland State University
Board of Directors or the University of Oregon Board of
Directors + } governing consultation between the department and
the State Board of Higher Education { + , the Portland State
University Board of Directors or the University of Oregon Board
of Directors + } and governing management of the mineral or
geothermal resources.
(7) Mineral or geothermal resource rights or proceeds from
those rights acquired and held by the Department of
Transportation. In managing mineral or geothermal resource
leases, the Department of Transportation shall enter into an
intergovernmental agreement with the Department of State Lands
governing consultation between the departments and governing
management of the mineral or geothermal resources.
SECTION 161. ORS 276.227 is amended to read:
276.227. (1) The State of Oregon recognizes that providing and
operating state government facilities is a significant capital
investment in public infrastructure. Accordingly, it is the
policy of the State of Oregon to plan, finance, acquire,
construct, manage and maintain state government facilities in a
manner that maximizes and protects this investment.
(2) The Oregon Department of Administrative Services shall
establish a statewide planning process that evaluates the needs
of the state's facilities, provides comparative information on
the condition of the state's facilities, establishes guidelines
and standards for acquiring, managing and maintaining state
facilities and provides financing and budgeting strategies to
allocate resources to facilities' needs.
(3)(a) The Director of the Oregon Department of Administrative
Services shall establish a public review process for the proposed
capital projects of all state agencies. To assist in this review,
the director shall establish a Capital Projects Advisory Board
consisting of seven members. Five members shall be public members
knowledgeable about construction, facilities management and
maintenance issues. Two members may be state employees. The
director shall appoint the chairperson of the board.
(b) The director, in consultation with the board, may request
that agencies submit updated long-range facility plans and
funding strategies that reflect changes in technology and
priorities. The director may ask the board to report on and make
recommendations related to long-range plans, the condition of
facilities, maintenance schedules, funding strategies and options
for new facilities. The director may seek recommendations from
the board regarding the needs of existing facilities, funding
strategies and long-term facility goals.
(c) The review process may be applicable to capital projects
meeting the definition of major construction/acquisition in the
Governor's budget and to significant leases.
(d) For each state agency proposing a capital project, the
review process may include an examination of the following:
(A) The effectiveness of asset protection, including
maintenance, repair and other activities;
(B) The effectiveness of space utilization, including an
inventory of existing occupied and unoccupied building space;
(C) The advisability of lease, purchase or other funding
strategies;
(D) The condition of existing occupied and unoccupied building
space;
(E) Appropriate technology;
(F) The agency's mission and long-range facilities plans; and
(G) For new facilities, expansions and additions, the ability
of the agency to maintain and operate all of the agency's
facilities in a cost-effective manner.
(e) The review process shall ensure that capital project
decisions are approached in a cost-effective manner after
considering all reasonable alternatives.
(f) With assistance from the board, the department shall
provide recommendations and information to the Governor and the
Legislative Assembly on the construction, leasing and facilities
management issues of state government.
(4) The department shall establish and maintain a central
database of information on state-owned property of all state
agencies, including land, buildings, infrastructure, improvements
and leases. This database shall include an inventory of
state-owned facilities as well as descriptive and technical
information.
(5) State agencies shall establish and implement long-range
maintenance and management plans for facilities for which this
state is responsible to ensure that facilities are maintained in
good repair and that the useful lives of facilities are
maximized. For each new facility, a maintenance and management
plan appropriate to the use and useful life of the facility shall
be developed and implemented.
(6) The department may engage in cooperative projects with
local government.
(7) The provisions of this section do not apply to public
universities listed in ORS 352.002, { + Portland State
University, the University of Oregon, + } the Oregon Health and
Science University or a community college as defined in ORS
341.005.
SECTION 162. ORS 276.229 is amended to read:
276.229. (1) State agencies shall develop four-year major
construction budgets. Projects included in these budgets may be
accelerated or deferred upon approval of the Emergency Board.
(2) State agencies shall include the biennial costs associated
with maintenance, major repairs or building alterations in their
regular budget presentation to the Legislative Assembly.
Agencies shall include in their budget presentations short-term
and long-term plans to reduce or eliminate any existing backlog
of deferred maintenance.
(3) The provisions of this section do not apply to public
universities listed in ORS 352.002, { + Portland State
University, the University of Oregon, + } the Oregon Health and
Science University { - , - } or a community college as defined
in ORS 341.005.
SECTION 163. ORS 276.610 is amended to read:
276.610. There is established a fund in the State Treasury to
be known as the State Building Fund which shall be used for the
construction, alteration and repair of buildings required for use
of institutions and activities under the jurisdiction of the
Department of Corrections, the Department of Human Services, the
Oregon Health Authority { + , + } { - or - } the State Board
of Education { + , the Portland State University Board of
Directors, the University of Oregon Board of Directors + } and
the State Board of Higher Education and for the furnishing and
equipping of buildings so constructed, altered or repaired.
SECTION 164. ORS 276.612 is amended to read:
276.612. The Department of Corrections, the Department of Human
Services, the Oregon Health Authority and the State Board of
Education each shall determine the buildings to be constructed,
altered, repaired, furnished and equipped for the use of
institutions and activities under their respective jurisdictions.
The State Board of Higher Education { + , the Portland State
University Board of Directors and the University of Oregon Board
of Directors + } shall determine the buildings to be constructed,
altered, repaired, furnished and equipped for the use of public
universities or offices, departments or activities under
{ - its - } { + the + } jurisdiction { + of the relevant
board + }.
SECTION 165. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of
this section, the Public Contracting Code applies to all public
contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between a contracting agency and:
(A) Another contracting agency;
(B) The Oregon Health and Science University;
{ + (C) The University of Oregon;
(D) Portland State University; + }
{ - (C) - } { + (E) + } The Oregon State Bar;
{ - (D) - } { + (F) + } A governmental body of another
state;
{ - (E) - } { + (G) + } The federal government;
{ - (F) - } { + (H) + } An American Indian tribe or an
agency of an American Indian tribe;
{ - (G) - } { + (I) + } A nation, or a governmental body in
a nation, other than the United States; or
{ - (H) - } { + (J) + } An intergovernmental entity formed
between or among:
(i) Governmental bodies of this or another state;
(ii) The federal government;
(iii) An American Indian tribe or an agency of an American
Indian tribe;
(iv) A nation other than the United States; or
(v) A governmental body in a nation other than the United
States;
(b) Agreements authorized by ORS chapter 190 or by a statute,
charter provision, ordinance or other authority for establishing
agreements between or among governmental bodies or agencies or
tribal governing bodies or agencies;
(c) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145 for purposes of source
selection;
(d) Grants;
(e) Contracts for professional or expert witnesses or
consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which a public body
is or may become interested;
(f) Acquisitions or disposals of real property or interest in
real property;
(g) Sole-source expenditures when rates are set by law or
ordinance for purposes of source selection;
(h) Contracts for the procurement or distribution of textbooks;
(i) Procurements by a contracting agency from an Oregon
Corrections Enterprises program;
(j) The procurement, transportation or distribution of
distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(k) Contracts entered into under ORS chapter 180 between the
Attorney General and private counsel or special legal assistants;
(L) Contracts for the sale of timber from lands owned or
managed by the State Board of Forestry and the State Forestry
Department;
(m) Contracts for forest protection or forest related
activities, as described in ORS 477.406, by the State Forester or
the State Board of Forestry;
(n) Sponsorship agreements entered into by the State Parks and
Recreation Director in accordance with ORS 565.080 (4);
(o) Contracts entered into by the Housing and Community
Services Department in exercising the department's duties
prescribed in ORS chapters 456 and 458, except that the
department's public contracting for goods and services is subject
to ORS chapter 279B;
(p) Contracts entered into by the State Treasurer in exercising
the powers of that office prescribed in ORS chapters 178, 286A,
287A, 289, 293, 294 and 295, including but not limited to
investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents,
certificates of participation and other debt repayment
agreements, and any associated contracts, agreements and
documents, regardless of whether the obligations that the
contracts, agreements or documents establish are general, special
or limited, except that the State Treasurer's public contracting
for goods and services is subject to ORS chapter 279B;
(q) Contracts, agreements or other documents entered into,
issued or established in connection with:
(A) The issuance of obligations, as defined in ORS 286A.100 and
287A.310, of a public body;
(B) The making of program loans and similar extensions or
advances of funds, aid or assistance by a public body to a public
or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by
law, and other financial transactions of a public body that by
their character cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(r) Contracts for employee benefit plans as provided in ORS
243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and
243.565;
(s) Contracts for employee benefit plans as provided in ORS
243.860 to 243.886; or
(t) Any other public contracting of a public body specifically
exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the
contracting activities of:
(a) The Oregon State Lottery Commission;
(b) The Oregon University System and member public
universities, except as provided in ORS 351.086;
{ + (c) The University of Oregon, except as provided in
section 9 of this 2012 Act;
(d) Portland State University, except as provided in section 73
of this 2012 Act; + }
{ - (c) - } { + (e) + } The legislative department;
{ - (d) - } { + (f) + } The judicial department;
{ - (e) - } { + (g) + } Semi-independent state agencies
listed in ORS 182.454, except as provided in ORS 279.835 to
279.855 and 279A.250 to 279A.290;
{ - (f) - } { + (h) + } Oregon Corrections Enterprises;
{ - (g) - } { + (i) + } The Oregon Film and Video Office,
except as provided in ORS 279A.100 and 279A.250 to 279A.290;
{ - (h) - } { + (j) + } The Travel Information Council,
except as provided in ORS 279A.250 to 279A.290;
{ - (i) - } { + (k) + } The Oregon 529 College Savings
Network and the Oregon 529 College Savings Board;
{ - (j) - } { + (L) + } The Oregon Innovation Council;
{ - (k) - } { + (m) + } The Oregon Utility Notification
Center; or
{ - (L) - } { + (n) + } Any other public body specifically
exempted from the code by another provision of law.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not
apply to contracts made with qualified nonprofit agencies
providing employment opportunities for individuals with
disabilities under ORS 279.835 to 279.855.
SECTION 166. ORS 282.076 is amended to read:
282.076. (1) An athletic department of { + Portland State
University, the University of Oregon or + } any university under
the jurisdiction of the State Board of Higher Education shall not
be required to use state printing services controlled by the
Director of the Oregon Department of Administrative Services or
the designee of the director as required by ORS 282.020 (1).
(2) A state agency that gives to the director prior written
notice of its intent to use other printing services shall not be
required to use state printing services controlled by the
director or the director's designee as required by ORS 282.020
(1), if the agency can demonstrate that these other printing
services provide better value in the form of lower prices or
better responsiveness than those services already provided by the
Oregon Department of Administrative Services.
SECTION 167. ORS 283.143 is amended to read:
283.143. (1) To encourage utilization of statewide integrated
videoconferencing and statewide online access services, the
Oregon Department of Administrative Services shall, in addition
to any other charge or assessment for providing
telecommunications services to state agencies, impose upon each
agency and public corporation a surcharge, in an amount
established by the department. All surcharge moneys collected
shall be deposited in the Oregon Department of Administrative
Services Operating Fund, and may be expended only for state
agency and public corporation telecommunication and
videoconferencing activities, under such terms and conditions as
the department may prescribe.
(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services shall not impose the
surcharge established by this section on the Oregon University
System { + , Portland State University, the University of
Oregon + } or the Oregon Health and Science University. The
Oregon Department of Administrative Services shall enter into an
agreement with the Oregon University System { + , Portland State
University, the University of Oregon + } and the Oregon Health
and Science University on the amounts to be paid by the Oregon
University System { + , Portland State University, the University
of Oregon + } and the Oregon Health and Science University to the
Oregon Department of Administrative Services in lieu of the
surcharge provided for in this section.
SECTION 168. ORS 284.633 is amended to read:
284.633. (1) The Oregon Progress Board may enter into an
agreement with:
(a) Any state agency for the provision of clerical, technical
and management personnel to the board to serve as the board's
staff and for the provision of other administrative, operational
or overhead expenses necessary to accomplish the public purposes
of the board.
(b) A nongovernmental entity for the provision of
administrative, operational or overhead expenses necessary to
accomplish the public purposes of the board.
(2) As used in this section:
(a) 'Public institution of higher education' means a community
college { + , Portland State University, the University of
Oregon + } or a public university listed in ORS 352.002.
(b) 'State agency' means any officer, board, commission,
department, division or institution in the executive or
administrative branch of state government or a public institution
of higher education.
SECTION 169. ORS 284.701 is amended to read:
284.701. As used in ORS 284.701 to 284.749:
(1) 'Clean energy' means a technology, product, process or
innovation that involves conservation of natural resources, solar
energy, green building products and services, biofuels, biomass
energy, bio-based products or other renewable and sustainable
energy.
(2) 'Innovation-based economic development' includes, but is
not limited to, a technology, product, process or innovation
that:
(a) Derives from and supports innovation and research;
(b) Promotes Oregon's market capacities and competitive
advantages;
(c) Involves technology-based innovation;
(d) Facilitates the creation of new products, processes and
services that retain and create high-wage jobs;
(e) Involves the establishment of partnerships between and
collaboration with research institutions, the private sector and
public entities;
(f) Endeavors to transfer innovative technologies to the
private sector or to commercialize innovative research and
development; and
(g) Includes, but is not limited to, clean energy and clean
energy economic development.
(3) 'Oregon growth business' means:
(a) An individual, group of individuals or private sector
business entity, including but not limited to a partnership,
limited liability company, corporation, firm, association or
other business entity, that engages in business that furthers
innovation-based economic development, that has the capacity upon
obtaining appropriate capital to generate significant high-skill,
high-wage employment in Oregon and that conducts business in
Oregon; or
(b) An emerging growth business as defined in ORS 348.701.
(4) 'Public entity' means any agency of the federal or state
government, county, city, town, public corporation or political
subdivision in this state.
(5) 'Research institution' means:
(a) A community college as defined in ORS 341.005;
(b) A public university listed in ORS 352.002 { + , Portland
State University or the University of Oregon + };
(c) The Oregon Health and Science University public corporation
created under ORS 353.020;
(d) An Oregon-based, generally accredited, not-for-profit
private institution of higher education;
(e) A federal research laboratory conducting research in
Oregon;
(f) A private not-for-profit research institution located in
Oregon;
(g) An institution for higher education as defined in ORS
289.005; or
(h) A private institution of higher education located in
Oregon.
(6) 'Traded sector' has the meaning given that term in ORS
285A.010.
SECTION 170. ORS 284.735 is amended to read:
284.735. (1) The Oregon Innovation Council may make grants and
loans from the Oregon Commercialized Research Fund to Oregon
growth businesses.
(2) To qualify for a grant or loan under this section, an
Oregon growth business must enter into an agreement with one or
more research institutions to carry out proof of concept
activities to:
(a) Establish the commercial potential of research; and
(b) Develop a business concept that can attract early stage
private investment, including angel capital and venture capital.
(3) Proof of concept activities for which an Oregon growth
business may receive a grant or loan under this section include:
(a) The development of intellectual property;
(b) The payment of salaries and related expenses for
commercialized research;
(c) The acquisition of equipment and supplies required for the
proof of concept activities;
(d) Furthering innovation-based economic development; and
(e) Other activities as defined by rule of the council.
(4) To receive a grant or loan, the Oregon growth business or a
research institution that has entered into an agreement with the
business must agree to provide a cash match equivalent to:
(a) 30 percent of the amount of the grant or loan for
businesses with fewer than 20 employees.
(b) 50 percent of the amount of the grant or loan for
businesses with 20 or more but fewer than 50 employees.
(c) 75 percent of the amount of the grant or loan for
businesses with 50 or more but fewer than 100 employees.
(5)(a) The council shall award grant or loan moneys to an
Oregon growth business in a two-phase contract. Each phase of the
contract shall have clearly defined performance measures included
in the contract between the business and the council.
(b) Under phase I of the contract, a business may be granted or
loaned an initial investment not to exceed $75,000. Phase I shall
also include an agreement that upon successful completion of the
performance measures for phase I, the business shall be eligible
for funding under phase II. The amount of grant or loan moneys
available to a business under both phases may not exceed
$200,000.
(6) The council shall require any Oregon growth business that
receives a grant or loan under this section and that moves more
than 50 percent of the employees of the business out of the state
within two years after receiving grant or loan moneys to repay
the total amount of the grant or loan moneys.
(7) The council shall require an Oregon growth business that
receives a loan under this section to repay the loan within five
years after receiving the loan. The council shall deposit any
loan moneys received under this subsection in the Oregon
Commercialized Research Fund.
(8) The council may award up to 15 percent of the amount of
moneys available in the fund for grants or loans:
(a) To the Oregon University System { + , Portland State
University and the University of Oregon + } for education of
faculty on issues related to developing effective technology
transfer and commercialized research processes; and
(b) For other activities as defined by rule of the council.
(9) The council may adopt rules to administer this section.
The council shall follow the advice of the Oregon Commercialized
Research Fund Advisory Council when adopting rules to administer
this section.
SECTION 171. ORS 285B.168 is amended to read:
285B.168. (1) The Oregon Business Development Department may
make grants available to a community college district, a
community college service district { + , Portland State
University or the University of Oregon + } or, with the
concurrence of the Commissioner for Community College Services
and the Chancellor of the Oregon University System, a public
university listed in ORS 352.002 to assist in the formation,
improvement and operation of small business development centers.
If a community college district, a community college service
district or a public university is unable to adequately provide
services in a specific geographic area, the department may make
grants available to other service providers as determined by the
department. The grant application shall include:
(a) Plans for providing small business owners and managers
individual counseling, to the greatest extent practicable, in
subject areas critical to small business success;
(b) A budget for the year for which a grant is requested,
including cost apportionment among the department, small business
clients, the community college, the public university or other
service providers and other sources;
(c) A plan for evaluating the effect of the program on small
business clients served; and
(d) A plan for providing collaboration with other state
agencies, state-supported organizations and private sector
entities that provide services to small businesses.
(2) The grants made under subsection (1) of this section are to
be used by the grant recipient to provide:
(a) Small business development center staff and support staff;
(b) Expert resource persons from the business community;
(c) Other training and business resources as approved by the
department in skill areas for which, or areas of the state where,
the grant recipient can demonstrate it does not otherwise have
the capacity or expertise to provide the resources; and
(d) Other costs related to providing training, counseling and
business resources to small business clients.
(3) To be eligible for a grant under subsection (1) of this
section, the recipient shall be required to provide funds,
in-kind contributions or some combination of funds and
contributions, in accordance with rules adopted by the
department.
(4) Subject to the approval of the department, a grant
recipient may subcontract funds received under this section to
any other entity that is eligible to receive funding under this
section.
(5) The grant recipient shall submit a final report to the
department after the distribution of grant funds and the delivery
of services to the proposed business clients. The report shall
state whether the plan and related budget have met the applicable
criteria as described in the recipient's application for the
grant period.
SECTION 172. ORS 285B.174 is amended to read:
285B.174. In cooperation with other state agencies and private
organizations, public universities listed in ORS 352.002 { + ,
Portland State University, the University of Oregon + } and
community colleges may develop programs to assist Oregon
businesses with the procurement of government contracts and
grants. Small business development centers established under ORS
285B.165 to 285B.171 may assist with these programs.
SECTION 173. ORS 286A.001 is amended to read:
286A.001. As used in this chapter:
(1) 'Agreement for exchange of interest rates' means a
contract, or an option or forward commitment to enter into a
contract, for the exchange of interest rates that provides for:
(a) Payments based on levels of or changes in interest rates;
or
(b) Provisions to hedge payment, rate, spread or similar
exposure including, but not limited to, an interest rate floor or
cap or an option, put or call.
(2) 'Bond':
(a) Means a contractual undertaking or instrument of the State
of Oregon to repay borrowed moneys.
(b) Does not mean a financing agreement, as defined in ORS
283.085, if the principal amount of the agreement is $100,000 or
less, or a credit enhancement device.
(3) 'Counterparty' means an entity with whom the State of
Oregon enters into an agreement for exchange of interest rates.
(4) 'Credit enhancement device':
(a) Means a letter of credit, line of credit, standby bond
purchase agreement, bond insurance policy, reserve surety bond or
other device or facility used to enhance the creditworthiness,
liquidity or marketability of bonds or agreements for the
exchange of interest rates; and
(b) Does not mean a bond.
(5) 'Credit enhancement device fee' means a payment required to
be made to the provider of a credit enhancement device securing a
bond or securing an agreement for the exchange of interest rates.
(6) 'General obligation bond' means a bond that constitutes
indebtedness of the state under section 7, Article XI of the
Oregon Constitution, and that is exempt from the $50,000
limitation on indebtedness set forth in that section.
(7) 'Operative document' means a bond declaration, trust
agreement, indenture, security agreement or other document in
which the State of Oregon pledges property as security for an
obligation, as defined in ORS 286A.100.
(8) 'Refunding bond' means a bond of the State of Oregon that
is issued to refund another bond, regardless of whether the
refunding is on a current, advance, forward delivery, synthetic
or other basis.
(9) 'Related agency' means the state agency that requests the
State Treasurer to issue bonds pursuant to ORS 286A.025 or for
which the State Treasurer has issued bonds.
(10) 'Related bond' means a bond for which the State of Oregon
enters into an agreement for exchange of interest rates.
(11) 'Revenue' means all fees, tolls, excise taxes,
assessments, property taxes and other taxes, rates, charges,
rentals and other income or receipts derived by a state agency or
to which a state agency is entitled.
(12) 'Revenue bond' means a bond of the State of Oregon that is
not a general obligation bond.
(13) 'State agency':
(a) Includes a statewide elected officer, board, commission,
department, division, authority or other entity, without regard
to the designation given to the entity, that is within state
government, as defined in ORS 174.111; and
(b) Does not include:
(A) A statewide elected judge;
(B) The State Treasurer;
(C) A local government, as defined in ORS 174.116;
(D) The Oregon Health and Science University;
{ + (E) The University of Oregon;
(F) Portland State University; + }
{ - (E) - } { + (G) + } A special government body, as
defined in ORS 174.117, except to the extent a special government
body must be considered a state agency in order to achieve the
purposes of Article XI-K of the Oregon Constitution; or
{ - (F) - } { + (H) + } A semi-independent state agency
listed in ORS 182.454, 377.835 or 674.305, or any other state
agency denominated by statute as a semi-independent state agency.
(14) 'Termination payment' means the amount payable under an
agreement for exchange of interest rates by one party to another
party as a result of the termination, in whole or part, of the
agreement prior to the expiration of the stated term.
SECTION 174. ORS 286A.700 is amended to read:
286A.700. (1) As used in this section:
(a) 'Oregon Baccalaureate Bonds' means bonds of the State of
Oregon issued by the State Treasurer at the request of the Oregon
University System { + , Portland State University or the
University of Oregon + } that are designated as baccalaureate
bonds.
(b) 'Post-secondary education' means training and instruction
provided by fully accredited public universities or private
institutions of higher learning, community colleges and
post-high-school career schools.
(2) The Legislative Assembly encourages citizens of the State
of Oregon to avail themselves of post-secondary education
opportunities.
(3) The Legislative Assembly finds:
(a) For the benefit of its citizens, the state supports a
system of common schools, public universities and community
colleges.
(b) A post-secondary education advances a citizen's ability to
pursue life, liberty and happiness through a wide range of
employment opportunities.
(c) A well-educated citizenry contributes to the economic
well-being of the state and nation.
(d) A well-trained and skilled citizenry enhances economic
development of the state.
(e) While students have just begun their education upon
completion of a formal education, a lifetime pursuit of learning
contributes to a well-informed citizenry and to Oregon's
cherished quality of life.
(f) Citizens educated in Oregon are more likely to pursue
careers in Oregon.
(g) It is in the interest of this state to encourage its
citizens to plan and save for a post-secondary education.
(h) An Oregon Baccalaureate Bond program that provides citizens
an opportunity to save for a post-secondary education for their
children, themselves or any citizen is in the social and economic
interest of the State of Oregon.
(i) A systematic way to save for post-secondary education can
assist all of Oregon's higher education, community college and
career schools to better project enrollments, thereby permitting
the prudent allocation of scarce resources.
(4) At the request of the Oregon University System { + ,
Portland State University or the University of Oregon + }, the
State Treasurer may:
(a) Issue bonds as Oregon Baccalaureate Bonds, to encourage
investors to save for post-secondary education opportunities.
(b) Investigate and implement the means and procedures to
facilitate the participation by the broadest practical range of
investors in the Oregon Baccalaureate Bond program. The means and
procedures may include, but are not limited to, adjustments in
the denominations in which the bonds are issued and the frequency
with which the bonds are issued.
(5) The purchase of an Oregon Baccalaureate Bond does not
guarantee the purchaser, owner or beneficiary of the bond
admittance to a public university or private post-secondary
institution.
SECTION 175. ORS 287A.001 is amended to read:
287A.001. As used in this chapter:
(1) 'Advance refunding bond' means a bond all or part of the
proceeds of which are to be used to pay an outstanding bond one
year or more after the advance refunding bond is issued.
(2) 'Agreement for exchange of interest rates' means a
contract, or an option or forward commitment to enter into a
contract, for an exchange of interest rates for related bonds
that provides for:
(a) Payments based on levels or changes in interest rates; or
(b) Provisions to hedge payment, rate, spread or similar
exposure including, but not limited to, an interest rate floor or
cap or an option, put or call.
(3) 'Bond':
(a) Means a contractual undertaking or instrument of a public
body to repay borrowed moneys.
(b) Does not mean a credit enhancement device.
(4) 'Capital construction' has the meaning given that term in
ORS 310.140.
(5) 'Capital improvements' has the meaning given that term in
ORS 310.140.
(6) 'Credit enhancement device':
(a) Means a letter of credit, line of credit, standby bond
purchase agreement, bond insurance policy, reserve surety bond or
other device or facility used to enhance the creditworthiness,
liquidity or marketability of bonds or agreements for exchange of
interest rates.
(b) Does not mean a bond.
(7) 'Current refunding bond' means a bond the proceeds of which
are to be used to pay or purchase an outstanding bond less than
one year after the current refunding bond is issued.
(8) 'Forward current refunding' means execution and delivery of
a purchase agreement or similar instrument under which a public
body contracts to sell current refunding bonds for delivery at a
future date that is one year or more after execution of the
purchase agreement or similar instrument.
(9) 'General obligation bond' means exempt bonded indebtedness,
as defined in ORS 310.140, that is secured by a commitment to
levy ad valorem taxes outside the limits of sections 11 and 11b,
Article XI of the Oregon Constitution.
(10) 'Lawfully available funds' means revenues or other moneys
of a public body including, but not limited to, moneys credited
to the general fund of the public body, revenues from an ad
valorem tax and revenues derived from other taxes levied by the
public body that are not dedicated, restricted or obligated by
law or contract to an inconsistent expenditure or use.
(11) 'Operative document' means a bond declaration, trust
agreement, indenture, security agreement or other document in
which a public body pledges revenue or property as security for a
bond.
(12) 'Pledge' means:
(a) To create a lien on property pursuant to ORS 287A.310.
(b) A lien created on property pursuant to ORS 287A.310.
(13) 'Public body' means:
(a) A county of this state;
(b) A city of this state;
(c) A local service district as defined in ORS 174.116 (2);
(d) A special government body as defined in ORS 174.117;
{ + (e) The University of Oregon;
(f) Portland State University; + }
{ - (e) - } { + (g) + } Oregon Health and Science
University; or
{ - (f) - } { + (h) + } Any other political subdivision of
this state that is authorized by the Legislative Assembly to
issue bonds.
(14) 'Refunding bond' means an advance refunding bond, a
current refunding bond or a forward current refunding bond.
(15) 'Related bond' means a bond for which the public body
enters into an agreement for exchange of interest rates or
obtains a credit enhancement device.
(16) 'Revenue' means all fees, tolls, excise taxes,
assessments, property taxes and other taxes, rates, charges,
rentals and other income or receipts derived by a public body or
to which a public body is entitled.
(17) 'Revenue bond' means a bond that is not a general
obligation bond.
(18) 'Termination payment' means the amount payable under an
agreement for exchange of interest rates by one party to another
party as a result of the termination, in whole or part, of the
agreement prior to the expiration of the stated term.
SECTION 176. ORS 291.038 is amended to read:
291.038. (1) The planning, acquisition, installation and use of
all information and telecommunications technology by state
government and agencies of state government shall be coordinated
so that statewide plans and activities, as well as those of
individual agencies, are addressed in the most integrated,
economic and efficient manner. To provide policy direction for
and coordination of information technology for state government,
the Director of the Oregon Department of Administrative Services
shall chair and appoint not fewer than five agency executives to
an Information Resources Management Council. The council
membership shall include at least two members who represent the
private sector and political subdivisions of the state.
(2) To facilitate accomplishment of the purpose set forth in
subsection (1) of this section, the Oregon Department of
Administrative Services shall adopt rules, policies and standards
to plan for, acquire, implement and manage the state's
information resources. In developing rules, policies and
standards, the department shall consult with state agencies that
have needs that information resources may satisfy. State agencies
shall cooperate with the department in preparing and complying
with rules, policies and standards. The rules, policies and
standards must be formulated to promote electronic communication
and information sharing among state agencies and programs,
between state and local governments and with the public where
appropriate.
(3) Rules, policies, plans, standards and specifications must
be formulated to ensure that information resources fit together
in a statewide system capable of providing ready access to
information, computing or telecommunication resources. Plans and
specifications the department adopts must be based on industry
standards for open systems to the greatest extent possible.
Before adopting rules described in subsection (2) of this
section, the department shall present the proposed rules to the
appropriate legislative committee. The department has the
responsibility to review, oversee and ensure that state agencies'
planning, acquisition and implementation activities align with
and support the statewide information resources management plan.
The department is responsible for procuring information
technology fairly, competitively and in a manner that is
consistent with the department's rules.
(4)(a) The policy of the State of Oregon is that state
government telecommunications networks should be designed to
provide state-of-the-art services where economically and
technically feasible, using shared, rather than dedicated, lines
and facilities.
(b) The department shall, when procuring telecommunications
network services, consider achieving the economic development and
quality of life outcomes set forth in the Oregon benchmarks.
(5)(a) The department, upon request, may furnish and deliver
statewide integrated videoconferencing and statewide online
access service to a public or private entity that primarily
conducts activities for the direct good or benefit of the public
or community at large in providing educational, economic
development, health care, human services, public safety, library
or other public services. The department shall adopt rules with
respect to furnishing the service.
(b) The department shall establish the statewide integrated
videoconferencing and statewide online access user fees,
services, delivery, rates and long range plans in consultation
with the Stakeholders Advisory Committee created pursuant to this
section. The rates shall reflect the department's cost in
providing the service.
(c) The department by rule shall restrict the department's
furnishing or delivery of Internet access service to private
entities when the service would directly compete with two or more
local established providers of Internet access services within
the local exchange telecommunications service area.
(d) The rates and services established and provided under this
section are not subject to the Public Utility Commission's
regulation or authority.
(6)(a) There is created the Stakeholders Advisory Committee,
consisting of a minimum of nine members appointed by the Director
of the Oregon Department of Administrative Services. In making
appointments, the director shall give consideration to geographic
balance and adequate representation of the department's users and
providers and the general public.
(b) The committee must consist of members who represent
elementary or secondary education, higher education, community
colleges, economic development, health care, human services and
public safety. At least four members must reside in areas east of
the Cascade Mountains.
(c) The term of office of each member is three years, but a
member serves at the sole discretion of the director. The
director shall appoint a successor to a member before the
member's term expires. A member is eligible for reappointment. If
a position on the committee is vacant for any cause, the director
shall make an appointment to the position that is immediately
effective for the unexpired term.
(d) A member of the committee is entitled to travel expenses
pursuant to ORS 292.495. Members of the committee are not
entitled to compensation.
(e) The director may establish additional advisory and
technical committees as the director considers necessary to aid
and advise the Stakeholders Advisory Committee in the performance
of the committee's functions.
(f) The director may delegate to the State Chief Information
Officer a duty, function or power that this subsection imposes
upon the director.
(7) An organization or organizations recognized as tax exempt
under section 501(c)(3) of the Internal Revenue Code that
primarily conduct activities for the direct good or benefit of
the public or community at large in providing educational,
economic development, health care, human services, public safety,
library or other public services and have formed an affiliation
with one or more federal, state or local governmental units
within this state may apply to the department for designation as
a community of interest. The application must be in the form
prescribed by the department and contain information regarding
the governmental affiliation relationship, the tax exempt status
of each organization and the public benefit services to be
provided. The department shall establish an application review
and appeal process to ensure that designating the organizations
as a community of interest for the purposes of including the
organization in telecommunications contracts under ORS 283.520
will result in providing educational, medical, library or other
services for public benefit.
(8) This section does not apply to the State Board of Higher
Education { + , + } { - or - } any public university listed in
ORS 352.002 { + , Portland State University or the University of
Oregon + }.
(9) As used in this section:
(a) 'Information resources' means media, instruments and
methods for planning, collecting, processing, transmitting and
storing data and information, including telecommunications.
(b) 'Information technology' includes, but is not limited to,
present and future forms of hardware, software and services for
data processing, office automation and telecommunications.
(c) 'Internet access service' means electronic connectivity to
the Internet and the services of the Internet.
(d) 'Open systems' means systems that allow state agencies
freedom of choice by providing a vendor-neutral operating
environment where different computers, applications, system
software and networks operate together easily and reliably.
(e) 'State-of-the-art services' includes equipment, facilities
and the capability to distribute digital communication signals
that transmit voice, data, video and images over a distance.
(f) 'Telecommunications' means hardware, software and services
for transmitting voice, data, video and images over a distance.
(g) 'Statewide integrated videoconferencing' means a statewide
electronic system capable of transmitting video, voice and data
communications.
(h) 'Statewide online access' means electronic connectivity to
information resources such as computer conferencing, electronic
mail, databases and Internet access.
SECTION 177. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted during the period beginning
on the date of adjournment sine die of a regular session of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on adjournment sine die of the next regular
session of the Legislative Assembly as described in this
subsection, unless otherwise authorized by enabling legislation
setting forth the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education { - and - } { + for + } the public universities
listed in ORS 352.002 { + , by the Portland State University
Board of Directors or by the University of Oregon Board of
Directors + }.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(D) Assessments paid to the Department of Consumer and Business
Services under ORS 743.951 and 743.961.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Department of
Consumer and Business Services pursuant to ORS 731.804 or fees
charged by the Division of Finance and Corporate Securities of
the Department of Consumer and Business Services to banks, trusts
and credit unions pursuant to ORS 706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved budget for the
agency.
(n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
(o) Convenience fees as defined in ORS 182.126 and established
by the Oregon Department of Administrative Services under ORS
182.132 (3) and recommended by the Electronic Government Portal
Advisory Board.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be increased to not
more than its prior level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 178. ORS 292.043 is amended to read:
292.043. (1) As used in this section:
(a) 'Foundation' means:
(A) A tax exempt organization designated by a rule adopted by a
state agency; { - or - }
(B) A tax exempt organization designated by the State Board of
Higher Education to solicit contributions for the support of a
public university listed in ORS 352.002 { + ;
(C) A tax exempt organization designated by the Portland State
University Board of Directors to solicit contributions for the
support of Portland State University; or
(D) A tax exempt organization designated by the University of
Oregon Board of Directors to solicit contributions for the
support of the University of Oregon + }.
(b) 'Salary and wages' has the meaning given that term in ORS
292.014.
(2) Any state official authorized to disburse funds in payment
of salaries or wages of the officers and employees of a state
agency, or of the officers, teachers, instructors and other
employees of the Oregon University System, { + Portland State
University or the University of Oregon, + } is authorized, upon
written request of the individual, to deduct each month from the
salary or wages of the individual the amount of money designated
by the individual for payment to a foundation.
(3) The individual may withdraw the authorization at any time
if the individual so notifies such officer in writing.
(4) The moneys so deducted shall be paid over promptly to the
foundation designated by the individual. Subject to any rules
prescribed by a state agency { + , + } { - or - } the State
Board of Higher Education, { + the Portland State University
Board of Directors or the University of Oregon Board of
Directors, + } the state official authorized to disburse the
funds in payment of salaries and wages may prescribe any
procedures necessary to carry out this section.
SECTION 179. ORS 307.095 is amended to read:
307.095. (1) Any portion of state property that is used during
the tax year for parking on a rental or fee basis to private
individuals is subject to ad valorem taxation.
(2) The real market value of such portion shall be computed by
determining that percentage which the total of receipts from
private use bears to the total of receipts from all use of the
property. The assessed value of such portion shall be computed as
provided in ORS 308.146. However, receipts from any use by a
state officer or employee in the performance of the official
duties of the state officer or employee shall not be considered
as receipts from private use in computing the portion subject to
ad valorem taxation.
(3) This section and ORS 276.592 do not apply to state property
that is used by the Oregon University System { + , Portland State
University, the University of Oregon + } or the Oregon Health and
Science University solely to provide parking for employees,
students or visitors.
SECTION 180. ORS 307.110 is amended to read:
307.110. (1) Except as provided in ORS 307.120, all real and
personal property of this state or any institution or department
thereof or of any county or city, town or other municipal
corporation or political subdivision of this state, held under a
lease or other interest or estate less than a fee simple, by any
person whose real property, if any, is taxable, except employees
of the state, municipality or political subdivision as an
incident to such employment, shall be subject to assessment and
taxation for the assessed or specially assessed value thereof
uniformly with real property of nonexempt ownerships.
(2) Each leased or rented premises not exempt under ORS 307.120
and subject to assessment and taxation under this section which
is located on property used as an airport and owned by and
serving a municipality or port shall be separately assessed and
taxed.
(3) Nothing contained in this section shall be construed as
subjecting to assessment and taxation any publicly owned property
described in subsection (1) of this section that is:
(a) Leased for student housing by a school or college to
students attending such a school or college.
(b) Leased to or rented by persons, other than sublessees or
subrenters, for agricultural or grazing purposes and for other
than a cash rental or a percentage of the crop.
(c) Utilized by persons under a land use permit issued by the
Department of Transportation for which the department's use
restrictions are such that only an administrative processing fee
is able to be charged.
(d) County fairgrounds and the buildings thereon, in a county
holding annual county fairs, managed by the county fair board
under ORS 565.230, if utilized, in addition to county fair use,
for any of the purposes described in ORS 565.230 (2), or for
horse stalls or storage for recreational vehicles or farm
machinery or equipment.
(e) The properties and grounds managed and operated by the
State Parks and Recreation Director under ORS 565.080, if
utilized, in addition to the purpose of holding the Oregon State
Fair, for horse stalls or for storage for recreational vehicles
or farm machinery or equipment.
(f) State property that is used by the Oregon University
System { + , Portland State University, the University of
Oregon + } or the Oregon Health and Science University to provide
parking for employees, students or visitors.
(g) Property of a housing authority created under ORS chapter
456 which is leased or rented to persons of lower income for
housing pursuant to the public and governmental purposes of the
housing authority. For purposes of this paragraph, 'persons of
lower income' has the meaning given the phrase under ORS 456.055.
(h) Property of a health district if:
(A) The property is leased or rented for the purpose of
providing facilities for health care practitioners practicing
within the county; and
(B) The county is a frontier rural practice county under rules
adopted by the Office of Rural Health.
(4) Property determined to be an eligible project for tax
exemption under ORS 285C.600 to 285C.626 and 307.123 that was
acquired with revenue bonds issued under ORS 285B.320 to 285B.371
and that is leased by this state, any institution or department
thereof or any county, city, town or other municipal corporation
or political subdivision of this state to an eligible applicant
shall be assessed and taxed in accordance with ORS 307.123. The
property's continued eligibility for taxation and assessment
under ORS 307.123 is not affected:
(a) If the eligible applicant retires the bonds prior to the
original dates of maturity; or
(b) If any applicable lease or financial agreement is
terminated prior to the original date of expiration.
(5) The provisions of law for liens and the payment and
collection of taxes levied against real property of nonexempt
ownerships shall apply to all real property subject to the
provisions of this section. Taxes remaining unpaid upon the
termination of a lease or other interest or estate less than a
fee simple, shall remain a lien against the real or personal
property.
(6) If the state enters into a lease of property with, or
grants an interest or other estate less than a fee simple in
property to, a person whose real property, if any, is taxable,
then within 30 days after the date of the lease, or within 30
days after the date the interest or estate less than a fee simple
is created, the state shall file a copy of the lease or other
instrument creating or evidencing the interest or estate with the
county assessor. This section applies notwithstanding that the
property may otherwise be entitled to an exemption under this
section, ORS 307.120 or as otherwise provided by law.
SECTION 181. ORS 326.543 is amended to read:
326.543. (1) As used in this section:
(a) 'Education service district' has the meaning given that
term in ORS 334.003.
(b) 'Facility' means the school operated under ORS 346.010.
(c) 'Post-secondary institution' means:
(A) A community college as defined in ORS 341.005;
(B) A public university listed in ORS 352.002;
{ + (C) Portland State University;
(D) The University of Oregon; + } and
{ - (C) - } { + (E) + } The Oregon Health and Science
University.
(d) 'School district' has the meaning given that term in ORS
330.005.
(2) The interest or estate of an education service district, a
facility, a post-secondary institution or a school district in
any real property may not be extinguished or diminished by
adverse possession.
SECTION 182. ORS 326.587 is amended to read:
326.587. (1) A public university listed in ORS 352.002 { + ,
Portland State University and the University of Oregon + } may
not disclose the Social Security number of a student who is
attending the public university.
(2) Subsection (1) of this section does not apply if the public
university discloses the Social Security number:
(a) At the request of a law enforcement agency or an agency
providing support enforcement services under ORS 25.080;
(b) After obtaining written permission for the disclosure from
the student to whom the number refers;
(c) In the payment of wages or benefits;
(d) In the payment or collection of taxes or of a debt owed by
the student to whom the number refers; or
(e) For purposes of statistical analysis.
SECTION 183. ORS 332.114 is amended to read:
332.114. (1) A person who meets the requirements under
subsection (3) of this section may request a school district to
issue the person a high school diploma if the person resides
within the boundaries of the school district or is a resident of
this state and attended a high school of the school district.
(2) A representative of a deceased person who meets the
requirements under subsection (3) of this section may request a
school district to issue a high school diploma on behalf of the
deceased person if the deceased person resided within the
boundaries of the school district at the time of death or was a
resident of this state at the time of death and attended a high
school of the school district.
(3) Notwithstanding the requirements for a high school diploma
established under ORS 329.451 and by the State Board of Education
and school districts, a school district that receives a request
under subsection (1) or (2) of this section shall issue a high
school diploma to a person if the person:
(a) Attended a high school before serving in the Armed Forces
of the United States;
(b) Did not graduate from a high school because the person was
serving in the Armed Forces of the United States;
(c) Was discharged or released under honorable conditions from
the Armed Forces of the United States;
(d) Served in the Armed Forces of the United States as
described in subsection (4) of this section; and
(e)(A) Has received a General Educational Development (GED)
certificate;
(B) Has received a post-secondary degree from a community
college, public university listed in ORS 352.002 { + , Portland
State University, the University of Oregon + } or other generally
accredited institution of higher education; or
(C) Has received a minimum score on the Armed Services
Vocational Aptitude Battery (ASVAB), as established by the Oregon
Military Department.
(4) The provisions of subsection (3) of this section apply to a
person who:
(a) Served in the Armed Forces of the United States at any time
during:
(A) World War I;
(B) World War II;
(C) The Korean Conflict; or
(D) The Vietnam War;
(b) Served in the Armed Forces of the United States and was
physically present in:
(A) Operation Urgent Fury (Grenada);
(B) Operation Just Cause (Panama);
(C) Operation Desert Shield/Desert Storm (the Persian Gulf
War);
(D) Operation Restore Hope (Somalia);
(E) Operation Enduring Freedom (Afghanistan); or
(F) Operation Iraqi Freedom (Iraq); or
(c) Served in the Armed Forces of the United States in an area
designated as a combat zone by the President of the United
States.
SECTION 184. ORS 332.155 is amended to read:
332.155. A district school board:
(1) May furnish, equip, repair, lease, purchase and build
schoolhouses, including high schools, junior high schools, career
and technical education schools, gymnasiums, houses for teachers
and other employees, and like buildings; and locate, buy and
lease lands for all school purposes. Leases authorized by this
section include lease-purchase agreements whereunder the district
may acquire ownership of the leased property at a nominal price.
Such leases and lease-purchase agreements may be for a term of up
to 30 years.
(2) May contract for the removal or containment of asbestos
substances in school buildings and for repairs made necessary by
such removal or containment. Contracts authorized by this section
may be for a term exceeding one year.
(3) May construct or cooperate in the construction of schools
for training of student teachers on state or district owned
lands, for any public university { + , including public
universities + } listed in ORS 352.002 { + , Portland State
University and the University of Oregon, + } that is in or
contiguous to the district, and to expend district funds in so
doing.
(4) May acquire personal property by a lease-purchase agreement
or contract of purchase for a term exceeding one year. A
lease-purchase agreement is one in which the rent payable by the
district is expressly agreed to have been established to reflect
the savings resulting from the exemption from taxation, and the
district is entitled to ownership of the property at a nominal or
other price that is stated or determinable by the terms of the
agreement and was not intended to reflect the true value of the
property.
(5) May lease, sell and convey all property of the district as
may not in the judgment of the district school board be required
for school purposes.
(6) May sell property of the district in transactions whereby
the district has the right to lease, occupy or reacquire the
property following the sale or have facilities constructed
thereon or furnished to the specifications of the district. The
construction or furnishing of such facilities shall be subject
to:
(a) ORS chapter 279A, except ORS 279A.125 and 279A.250 to
279A.290;
(b) ORS chapter 279B, except ORS 279B.235, 279B.240, 279B.270,
279B.275 and 279B.280; and
(c) ORS chapter 279C.005, 279C.100 to 279C.125 and 279C.300 to
279C.470.
(7) Shall furnish the schools with supplies, equipment,
apparatus and services essential to meeting the requirements of a
standard school and may furnish such other supplies, equipment,
apparatus and services as the board considers advisable.
(8) May construct, purchase or lease in cooperation with other
school districts or community college districts facilities for
secondary career and technical education programs for pupils of
more than one district and may furnish or cooperate in furnishing
supplies and equipment for such facilities, to be financed in the
same manner as other school buildings and supplies are financed.
(9) May purchase real property upon a contractual basis when
the period of time allowed for payment under the contract does
not exceed 30 years.
(10) May purchase relocatable classrooms and other relocatable
structures in installment transactions in which deferred
installments of the purchase price are payable over not more than
10 years from the date such property is delivered to the district
for occupancy and are secured by a security interest in such
property. Such transactions may take the form of, but are not
limited to, lease-purchase agreements.
(11) May enter into rental or lease-purchase agreements
covering motor vehicles operated by the district.
SECTION 185. ORS 337.500 is amended to read:
337.500. As used in ORS 337.500 to 337.506:
(1) 'Adopter' means any faculty member or academic department
or other adopting entity at a higher education institution
responsible for considering and choosing course materials to be
utilized in connection with accredited courses taught at the
institution.
(2) 'Higher education institution' means:
(a) A community college, as defined in ORS 341.005;
(b) A public university listed in ORS 352.002;
{ + (c) Portland State University;
(d) The University of Oregon; + }
{ - (c) - } { + (e) + } The Oregon Health and Science
University;
{ - (d) - } { + (f) + } A private institution of higher
education located in Oregon; and
{ - (e) - } { + (g) + } A bookstore that serves as the
primary bookstore for an entity listed in paragraphs (a) to
{ - (d) - } { + (f) + } of this subsection.
(3) 'Special edition' means a bound book that does not
constitute a traditional textbook and that may or may not be used
for instructional purposes.
(4)(a) 'Textbook bundle' means a textbook packaged together
with other supplemental course materials, including but not
limited to workbooks, study guides, online technologies, online
course resources, CD-ROMs or other books, to be sold as course
material for one price.
(b) 'Textbook bundle' does not include a textbook that is
unusable without the supplemental course materials, materials
that cannot be sold separately due to third-party contractual
agreements, custom editions or special editions.
SECTION 186. ORS 337.511 is amended to read:
337.511. As used in ORS 337.511 to 337.524:
(1) 'Alternative format' means any medium or format for the
presentation of instructional materials other than standard print
that is needed by a post-secondary student with a print
disability for a reading accommodation, including but not limited
to Braille, large print texts, audio recordings, digital texts
and digital talking books.
(2) 'Electronic format' means a medium or format containing
digital text.
(3) 'Instructional material' means a textbook or other material
if:
(a) The textbook or other material, including additional prints
or new editions of previously published instructional material,
is published on or after January 1, 2004, and is published
primarily for use by students in a course of study in which a
post-secondary student with a print disability is enrolled;
(b) The textbook or other material is required for a student's
success in the course, as determined by the course instructor in
consultation with the representative making the request for an
electronic format under ORS 337.517 (2);
(c) The textbook or other material is required for the course
as stated in the course syllabus or other curriculum documents,
or the use of the materials by the student is necessary for the
completion of course assignments that are used to evaluate the
student, such as to determine the student's proficiency level or
assign a grade; and
(d) Software is commercially available to permit the conversion
of an electronic file of the textbook or other material into a
format that is compatible with assistive technologies such as
speech synthesis software or Braille translation software.
(4) 'Post-secondary education institution' means:
(a) A public university listed in ORS 352.002;
{ + (b) Portland State University;
(c) The University of Oregon; + }
{ - (b) - } { + (d) + } A community college operated under
ORS chapter 341;
{ - (c) - } { + (e) + } The Oregon Health and Science
University; or
{ - (d) - } { + (f) + } An Oregon-based, generally
accredited institution of higher education.
(5) 'Print disability' means a disability that prevents a
student from effectively utilizing print material and may include
blindness, other serious visual impairments, specific learning
disabilities or the inability to hold a book.
(6) 'Printed instructional material' means instructional
material in book or other printed form.
(7) 'Publisher' means any person that publishes or manufactures
instructional material used by students attending a
post-secondary education institution.
(8) 'Structural integrity' means the inclusion of all of the
information provided in printed instructional material, including
but not limited to the text of the material sidebars, the tables
of contents, the chapter headings and subheadings, the footnotes,
the page numbers, the indexes and the glossaries.
(9) 'Working day' means a day that is not a Saturday, Sunday or
legal holiday.
SECTION 187. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(k) ORS 337.150 (textbooks);
(L) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(m) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(n) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(o) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
(p) ORS chapter 657 (Employment Department Law);
(q) ORS 659.850, 659.855 and 659.860 (discrimination);
(r) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(s) Health and safety statutes and rules;
(t) Any statute or rule that is listed in the charter;
(u) ORS 339.119 (consideration for educational services); and
(v) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002 { + ,
Portland State University, the University of Oregon + }, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 188. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53,
Oregon Laws 2010, section 3, chapter 94, Oregon Laws 2011,
section 118, chapter 637, Oregon Laws 2011, and section 5,
chapter 682, Oregon Laws 2011, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) ORS 329.496 (physical education);
(k) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(L) ORS 337.150 (textbooks);
(m) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(n) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(o) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(p) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
(q) ORS chapter 657 (Employment Department Law);
(r) ORS 659.850, 659.855 and 659.860 (discrimination);
(s) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(t) Health and safety statutes and rules;
(u) Any statute or rule that is listed in the charter;
(v) ORS 339.119 (consideration for educational services); and
(w) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002, { +
Portland State University, the University of Oregon, + } other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 189. ORS 339.331 is amended to read:
339.331. (1) There is created the Center for School Safety
within the { - Oregon University System - } { + University of
Oregon + }. The mission of the center shall be to:
(a) Serve as the central point for data analysis;
(b) Conduct research;
(c) Disseminate information about successful school safety
programs, research results and new programs; and
(d) Provide technical assistance for improving the safety of
schools in collaboration with the Department of Education and
others.
(2) To fulfill its mission, the Center for School Safety shall:
(a) Establish a clearinghouse for information and materials
concerning school violence prevention and intervention services.
As used in this paragraph, 'intervention services' means any
preventive, developmental, corrective or supportive service or
treatment provided to a student who is at risk of school failure,
is at risk of participation in violent behavior or juvenile crime
or has been expelled from the school district. 'Intervention
services' may include, but is not limited to:
(A) Screening to identify students at risk for emotional
disabilities or antisocial behavior;
(B) Direct instruction in academic, social, problem-solving and
conflict resolution skills;
(C) Alternative education programs;
(D) Psychological services;
(E) Identification and assessment of abilities;
(F) Counseling services;
(G) Medical services;
(H) Day treatment;
(I) Family services; and
(J) Work and community service programs.
(b) Provide program development and implementation expertise
and technical support to schools, law enforcement agencies and
communities. The expertise and support may include coordinating
training for administrators, teachers, students, parents and
other community representatives.
(c) Analyze the data collected in compliance with section 5,
chapter 618, Oregon Laws 2001.
(d) Research and evaluate school safety programs so schools and
communities are better able to address their specific needs.
(e) Promote interagency efforts to address discipline and
safety issues within communities throughout the state.
(f) Prepare and disseminate information regarding the best
practices in creating safe and effective schools.
(g) Advise the State Board of Education on rules and policies.
(h) Provide an annual report on the status of school safety in
Oregon by July 1 of each year to:
(A) The Governor;
(B) The Attorney General;
(C) The State Board of Education; and
(D) All relevant legislative committees.
(3) The University of Oregon Institute on Violence and
Destructive Behavior shall provide staff support to the Center
for School Safety board of directors and shall manage the center.
(4) The Center for School Safety board of directors may seek
and accept public and private funds for the center.
SECTION 190. ORS 339.336 is amended to read:
339.336. (1) The { - Oregon University System - } { +
University of Oregon + } may seek and accept contributions of
funds and assistance from the United States, its agencies or from
any other source, public or private, and agree to conditions
thereon not inconsistent with ORS 339.331, 339.333 and 339.339.
All such funds are to aid in financing the functions of the
Center for School Safety and shall be deposited in the Center for
School Safety Account and shall be disbursed for the purpose for
which contributed.
(2) The Center for School Safety Account is established in the
General Fund of the State Treasury. Except for moneys otherwise
designated by statute, all federal funds or other moneys received
by the { - Oregon University System - } { + University of
Oregon + } for the center shall be paid into the State Treasury
and credited to the account. All moneys in the account are
appropriated continuously to the { - Oregon University
System - } { + University of Oregon + } and shall be used by
the { - system - } { + university + } for the purposes of
carrying out ORS 339.331, 339.333 and 339.339.
SECTION 191. ORS 339.885 is amended to read:
339.885. (1) No secret society of any kind, including a
fraternity or sorority, shall be permitted in any public school.
(2) The district school board may order the suspension or
expulsion of any pupil who belongs to a secret society.
(3) This section does not apply to any public university listed
in ORS 352.002 { + , Portland State University or the University
of Oregon + }.
SECTION 192. ORS 340.005 is amended to read:
340.005. For purposes of ORS 340.005 to 340.090:
(1) 'Accelerated college credit program' has the meaning given
that term by rules adopted by the State Board of Education.
(2) 'At-risk student' means:
(a) A student who qualifies for a free or reduced lunch
program; or
(b) An at-risk student as defined by rules adopted by the board
if the board has adopted rules to define an at-risk student.
(3) 'Duplicate course' means a course with a scope that is
identical to the scope of another course.
(4)(a) 'Eligible post-secondary course' means any nonsectarian
course or program offered through an eligible post-secondary
institution if the course or program may lead to high school
completion, a certificate, professional certification, associate
degree or baccalaureate degree.
(b) 'Eligible post-secondary course' does not include a
duplicate course offered at the student's resident school.
(c) 'Eligible post-secondary course' includes:
(A) Academic courses;
(B) Career and technical education courses; and
(C) Distance education courses.
(5) 'Eligible post-secondary institution' means:
(a) A community college;
(b) A public university listed in ORS 352.002;
{ + (c) Portland State University;
(d) The University of Oregon; + } and
{ - (c) - } { + (e) + } The Oregon Health and Science
University.
(6)(a) 'Eligible student' means a student who is enrolled in an
Oregon public school and who:
(A) Is 16 years of age or older at the time of enrollment in a
course under the Expanded Options Program;
(B)(i) Is in grade 11 or 12 at the time of enrollment in a
course under the Expanded Options Program; or
(ii) Is not in grade 11 or 12, because the student has not
completed the required number of credits, but who has been
allowed by the school district to participate in the program;
(C) Has developed an educational learning plan as described in
ORS 340.025; and
(D) Has not successfully completed the requirements for a high
school diploma as established by ORS 329.451, the State Board of
Education and the school district board.
(b) 'Eligible student' does not include a foreign exchange
student enrolled in a school under a cultural exchange program.
(7) 'Expanded Options Program' means the program created under
ORS 340.005 to 340.090.
(8) 'Scope' means depth and breadth of course content as
evidenced through a planned course statement including content
outline, applicable state content standards where appropriate,
course goals and student outcomes.
SECTION 193. ORS 340.310 is amended to read:
340.310. (1) The { - Joint Boards of Education - } { +
Higher Education Coordinating Commission + } shall develop
statewide standards for dual credit programs to be implemented by
public high schools, community colleges { + , public universities
listed in ORS 352.002, Portland State University and the
University of Oregon + } { - and state institutions of higher
education within the Oregon University System - } . The standards
must establish the manner by which:
(a) A student may, upon completion of a course, earn course
credit both for high school and for a community college { + , a
public university listed in ORS 352.002, Portland State
University or the University of Oregon + } { - or state
institution of higher education within the Oregon University
System - } ; and
(b) Teachers of courses that are part of a dual credit program
will work together to determine the quality of the program and to
ensure the alignment of the content, objectives and outcomes of
individual courses.
(2) Each public high school, community college { + and public
university, including public universities listed in ORS 352.002,
Portland State University and the University of Oregon, + }
{ - and state institution of higher education within the Oregon
University System - } that provides a dual credit program must
implement the statewide standards developed under subsection (1)
of this section.
(3) Each school district, community college { + and public
university, including public universities listed in ORS 352.002,
Portland State University and the University of Oregon, + }
{ - and state institution of higher education within the Oregon
University System - } that provides a dual credit program shall
submit an annual report to the { - Joint Boards of
Education - } { + Higher Education Coordinating Commission + }
on the academic performance of students enrolled in a dual credit
program. The { - Joint Boards of Education - } { +
commission + } shall establish the required contents of the
report, which must provide sufficient information to allow the
{ - Joint Boards of Education - } { + commission + } to
determine the quality of the dual credit program.
SECTION 194. ORS 341.430 is amended to read:
341.430. (1) As used in this section:
(a) 'Associate transfer degree' means an associate degree that
is awarded by a community college and that is intended to allow a
student to apply the credits earned for the degree towards a
baccalaureate degree.
(b) 'Community college' means a community college operated
under ORS chapter 341.
(c) 'State institution of higher education' means a { - state
institution of higher education - } { + public university + }
listed in ORS 352.002 { + , Portland State University or the
University of Oregon + }.
(d) 'Transfer program' means a one-year program that is
designed to allow a student to apply the credits earned through
the program towards a baccalaureate degree.
(2) The { - Joint Boards of Education - } { + Higher
Education Coordinating Commission + } shall develop standards
related to the ability of students to apply credits earned
through courses of study at community colleges to baccalaureate
degrees awarded by state institutions of higher education. The
standards shall be known as the 'Transfer Student Bill of Rights
and Responsibilities. '
(3) The standards developed under this section may include:
(a) Admission standards to state institutions of higher
education for students who have earned an associate transfer
degree.
(b) The maximum number of credits that students who have earned
an associate transfer degree would need to complete prior to
receiving various types of baccalaureate degrees at state
institutions of higher education.
(c) The maximum number of credits that students who have
completed a transfer program would need to complete prior to
receiving various types of baccalaureate degrees at state
institutions of higher education.
(d) A process by which a community college would award an
associate degree to a student upon completion of necessary
credits, regardless of whether the student applied to receive the
degree or whether the student earned the credits for the degree
at a community college or a state institution of higher
education.
(e) Any other issues identified by the { - Joint Boards of
Education - } { + Higher Education Coordinating Commission + }
that relate to courses of study at community colleges and the
ability of a student to transfer credits to a community college
or a state institution of higher education, to be admitted to a
state institution of higher education or to earn a degree at a
community college or a state institution of higher education.
(f) Requirements that students must meet in order to benefit
from the standards described in paragraphs (a) to (e) of this
subsection.
(4) Each community college and state institution of higher
education shall submit annual reports to the { - Joint Boards
of Education - } { + Higher Education Coordinating
Commission + } related to:
(a) The number of students who attend a community college and
then a state institution of higher education, or a state
institution of higher education and then a community college.
(b) The number of students who attend one community college and
then a different community college.
(c) The number of students who transfer from a community
college to a state institution of higher education and who have
an associate transfer degree or have completed a transfer
program.
(d) The average number of credits students have when they
transfer from a community college to a state institution of
higher education.
(e) The average number of credits students have when they
attend one community college and then a different community
college.
(f) The average number of credits that a student earning an
associate transfer degree completed at a community college.
(g) The average number of credits students who have transferred
from a community college to a state institution of higher
education must earn prior to receiving a baccalaureate degree
compared to the average number of credits students who did not
transfer from a community college must earn prior to receiving a
baccalaureate degree.
SECTION 195. ORS 341.440 is amended to read:
341.440. (1) A community college district may contract with
another community college district, common or union high school
district, education service district, the Oregon University
System, { + Portland State University, the University of
Oregon, + } the Oregon Health and Science University, with a
private educational institution accredited by the Northwest
Association of Schools and Colleges or its successor or a career
school as defined in ORS 345.010 to obtain educational services
for students enrolled in the community college of the district.
However, the educational services so obtained must meet the
standards for educational services provided by the college and
the contract price to the college for such services must not
exceed the costs which would otherwise be incurred by the college
to provide its students the same or similar services.
(2) Educational services for which a district operating a
community college may contract include services offered by
correspondence and services offered electronically or through
telecommunications if such services are accredited by a
nationally recognized accrediting association.
(3) For purposes of ORS 341.626, costs incurred under
subsection (1) of this section shall be considered operating
expenses of the district if the contract is approved by the
Commissioner for Community College Services.
SECTION 196. ORS 342.144 is amended to read:
342.144. (1) As used in this section, 'American Indian tribe'
means an Indian tribe as that term is defined in ORS 97.740.
(2) The Legislative Assembly declares that teaching American
Indian languages is essential to the proper education of American
Indian children.
(3) The Teacher Standards and Practices Commission shall
establish an American Indian languages teaching license.
(4) Each American Indian tribe may develop a written and oral
test that must be successfully completed by an applicant for an
American Indian languages teaching license in order to determine
whether the applicant is qualified to teach the tribe's native
language. When developing the test, the tribe shall determine:
(a) Which dialects will be used on the test;
(b) Whether the tribe will standardize the tribe's writing
system; and
(c) How the teaching methods will be evaluated in the
classroom.
(5) The test shall be administered at an appropriate location
that does not create hardship for the tribal members
administering the test.
(6) The commission may not require an applicant to hold a
specific academic degree, to complete a specific amount of
education or to complete a teacher education program to receive
an American Indian languages teaching license.
(7)(a) An American Indian languages teaching license qualifies
the holder to accept a teaching position in a school district,
{ + a + } public charter school, { + an + } education service
district, { + a + } community college { + , Portland State
University, the University of Oregon + } or { + a + } public
university listed in ORS 352.002.
(b) A holder of an American Indian languages teaching license
who does not also have a teaching license issued under ORS
342.125 may not teach in a school district or education service
district any subject other than the American Indian language the
holder of the license is approved to teach by the tribe.
(c) A holder of an American Indian languages teaching license
who does not also have a teaching license or registration issued
under ORS 342.125 may not teach in a public charter school any
subject other than the American Indian language the holder of the
license is approved to teach by the tribe.
(8)(a) As used in this subsection, 'technical assistance
program' means a program provided to an American Indian languages
teacher by a licensed teacher with three or more years of
teaching experience. A technical assistance program may include
direct classroom observation and consultation, assistance in
instructional planning and preparation, support in implementation
and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development
of the American Indian languages teacher.
(b) The holder of an American Indian languages teaching license
who does not also have an administrative license, teaching
license or registration issued under ORS 342.125 and who is
employed by a school district, public charter school or education
service district shall participate in a technical assistance
program with a person holding a teaching license issued by the
commission under ORS 342.125. The technical assistance program
shall meet the guidelines specified in ORS 329.815 (2) to (4).
(9) An American Indian languages teaching license shall be
valid for three years and may be renewed upon application from
the holder of the license.
SECTION 197. ORS 342.147 is amended to read:
342.147. (1) After considering recommendations of the State
Board of Education, the Teacher Standards and Practices
Commission shall establish by rule standards for approval of
teacher education institutions and teacher education programs.
Public teacher education institutions shall be approved for
programs of more than four years' duration only if teacher
education programs which are reasonably attainable in a four-year
period are also available in the system of higher education and
are designed to culminate in a baccalaureate degree that
qualifies its graduates for entry-level teaching licenses.
(2) The commission shall establish rules that allow teacher
education programs leading to graduate degrees to commence prior
to the student's completion of baccalaureate degree requirements
and that allow the combined use of undergraduate and graduate
level course work in achieving program completion.
(3) Whenever any teacher education institution or program is
denied approved status or has such status withdrawn, such denial
or withdrawal must be treated as a contested case within the
meaning of ORS chapter 183.
(4) Nothing in this section is intended to grant any authority
to the commission relating to granting degrees or establishing
degree requirements that are within the authority of the State
Board of Higher Education { + , Portland State University, the
University of Oregon + } or any of the public universities listed
in ORS 352.002, or that are within the authority of the governing
board of any private institution of higher education.
SECTION 198. ORS 342.443 is amended to read:
342.443. (1) The Education and Workforce Policy Advisor shall
report biennially to the Legislative Assembly longitudinal data
on the number and percentage of:
(a) Minority students enrolled in community colleges;
(b) Minority students applying for admission to public
universities { + , including public universities + } listed in
ORS 352.002 { + , Portland State University and the University of
Oregon + };
(c) Minority students accepted in public universities;
(d) Minority students graduated from public universities;
(e) Minority candidates seeking to enter public teacher
education programs in this state;
(f) Minority candidates admitted to public teacher education
programs;
(g) Minority candidates who have completed approved public
teacher education programs;
(h) Minority candidates receiving Oregon teaching licenses
based on preparation in this state and preparation in other
states;
(i) Minority teachers who are newly employed in the public
schools in this state; and
(j) Minority teachers already employed in the public schools.
(2) The advisor also shall report comparisons of minorities'
and nonminorities' scores on basic skills, pedagogy and subject
matter tests.
(3) The Oregon University System, { + the University of
Oregon, Portland State University, + } the Department of
Education, the Teacher Standards and Practices Commission,
community colleges and school districts shall cooperate with the
advisor in collecting data and preparing the report.
SECTION 199. ORS 344.259 is amended to read:
344.259. (1) The State Board of Education shall coordinate
continuing education in lower division, developmental, adult
self-improvement, professional and technical education for
agencies under its regulatory authority. The State Board of
Higher Education shall coordinate continuing education in upper
division and graduate education for public universities under its
jurisdiction.
(2) When significantly adverse impact is alleged by one or more
of the agencies listed in this subsection, the affected parties
jointly shall provide for written agreements. These agreements
shall allocate responsibility for planning and providing
continuing education or off-campus instruction in specific areas
or by specific types. The agencies are:
(a) The State Board of Education.
(b) The State Board of Higher Education.
{ + (c) The Portland State University Board of Directors.
(d) The University of Oregon Board of Directors. + }
{ - (c) - } { + (e) + } Community college districts.
{ - (d) - } { + (f) + } Independent colleges.
{ - (e) - } { + (g) + } Proprietary schools.
(3) In the event the affected parties fail to reach a written
agreement within 120 days following receipt of written notice of
the allegation, either party may request the Education and
Workforce Policy Advisor to review and to recommend resolution.
(4) Nothing in this section prohibits the offering of upper
division or graduate programs within 30 miles of the campus of
the Oregon University System university { + , Portland State
University or the University of Oregon + } { - offering - }
{ + that offers + } the program, or the offering of lower
division programs within 30 miles of the campus
{ - offering - } { + that offers + } the program in areas
outside a community college district. Such programs are entitled
to the same college credit and financial support as programs
offered on the campus of the university.
SECTION 200. ORS 344.557 is amended to read:
344.557. (1) The Department of Human Services may refer a
person for vocational training only to the following schools or
programs:
(a) A school that has accreditation recognized by the United
States Department of Education.
(b) A school that has been approved by the Higher Education
Coordinating Commission to offer and confer degrees in Oregon.
(c) A community college.
(d) A public university listed in ORS 352.002.
{ + (e) Portland State University.
(f) The University of Oregon. + }
{ - (e) - } { + (g) + } The Oregon Health and Science
University.
{ - (f) - } { + (h) + } A career school licensed under ORS
345.010 to 345.450.
{ - (g) - } { + (i) + } An apprenticeship program that is
registered with the State Apprenticeship and Training Council.
(2) This section does not apply to vocational rehabilitation
training.
SECTION 201. ORS 344.753 is amended to read:
344.753. (1) Employers who enter into written agreements with
educational institutions and who are providing training to
participants in youth apprenticeship and training or work based
learning programs are eligible for reimbursement of expenses
incurred in the training process. These expenses may include
wages paid to the student, training costs for mentors and
supervisors, equipment costs to set up youth training capacity,
curriculum development costs, costs of establishing interfirm
training centers or other costs necessitated by the training
agreement.
(2) The amount of reimbursement shall be 50 percent of the
actual cost of the investment, such reimbursement not to exceed
$2,500 per student who completes the agreed upon course of study.
In the event that a student drops out of the program through no
fault of the employer, the Department of Education may reimburse
the employer for costs incurred to that point.
(3) Eligible employers may elect to receive education service
credits in lieu of the reimbursement provided in this section.
The amount of the education service credit shall equal the value
of the potential reimbursement on a dollar-for-dollar basis.
Education service credits may be used to purchase educational
services provided to the employer by school districts, education
service districts, community colleges { + , Portland State
University, the University of Oregon + }, the Oregon University
System or private providers approved by the Department of
Education.
(4) Employers who terminate students without the concurrence of
the school forfeit all claim to reimbursements or education
service credits earned under this section.
(5) The total amount of employer reimbursement allowable under
this section to all employers shall not exceed the amount
allocated therefor biennially from the Administrative Services
Economic Development Fund.
(6) Reimbursements allowed under this section must first be
certified with regard to eligibility and availability of funds
pursuant to a method established by the Department of Education
in consultation with the Bureau of Labor and Industries.
SECTION 202. ORS 348.005 is amended to read:
348.005. (1) The Legislative Assembly finds that:
(a) The State of Oregon can achieve its full economic and
social potential only if all Oregonians have the opportunity to
contribute to the full extent of their capabilities and only when
financial barriers to their educational goals are removed;
(b) All Oregonians who meet the appropriate admissions
requirements should be able to attend any community college,
{ + any + } public university listed in ORS 352.002 { + ,
Portland State University, the University of Oregon + } or
{ + any + } independent not-for-profit institution of
post-secondary education { + , + } regardless of individual
economic or social circumstances;
(c) The interests of this state are best served when public
subsidies supporting college students are distributed fairly,
equitably and consciously to ensure maximum access and choice for
all Oregonians at the least cost to the taxpayers;
(d) Need-based student financial aid is an effective, efficient
and essential means of assisting Oregonians who are unable to
afford the full cost of higher education;
(e) Student financial aid allows Oregonians with limited
resources to select academic programs based on their interests,
aptitudes and career goals;
(f) Student financial aid encourages and permits capable and
promising Oregonians to persist in their education and training
within this state; and
(g) By assisting Oregonians in this manner, student financial
aid contributes to the quality of life of each Oregonian and to
the social, cultural and economic well-being of all Oregonians.
(2) It is the intention of the Legislative Assembly to
establish financial assistance programs to enable qualified
Oregonians who need student aid to obtain post-secondary
education in Oregon's community colleges, public universities or
independent not-for-profit institutions of post-secondary
education.
SECTION 203. ORS 348.010 is amended to read:
348.010. (1) An account in the Oregon University System Fund
established under ORS 351.506 is designated for the purpose of
granting student loans under the terms established by the
National Defense Education Act of 1958, as amended, under the
terms of the Health Professions Educational Assistance Act of
1963, as amended, and under the terms of the Nurses Training Act
of 1964, as amended.
(2) The account designated under this section consists of:
(a) All moneys made available to the State Board of Higher
Education { + , Portland State University and the University of
Oregon + } for student loan purposes by state appropriations and
by the federal government under terms of the National Defense
Education Act of 1958, as amended, under the terms of the Health
Professions Educational Assistance Act of 1963, as amended, and
under the terms of the Nurses Training Act of 1964, as amended;
(b) Repayments of loans identified in paragraph (a) of this
subsection;
(c) Interest earned on student loans identified in paragraph
(a) of this subsection; and
(d) Earnings from investments of the account.
(3) The repayment in whole or part of any student loan made
under terms of the National Defense Education Act of 1958, as
amended, under the terms of the Health Professions Educational
Assistance Act of 1963, as amended, and under the terms of the
Nurses Training Act of 1964, as amended, shall be made pursuant
to the provisions of the applicable federal statutes and
repayment to the account designated under this section shall be
made in accordance with applicable federal statutes.
(4) Income and interest derived from moneys in the account
designated by this section are credited to the account.
SECTION 204. ORS 348.180 is amended to read:
348.180. As used in this section and ORS 348.186, 348.205,
348.230, 348.250, 348.260 and 348.285:
(1) 'Cost of education' includes but is not limited to,
tuition, fees and living expenses.
(2) 'Eligible post-secondary institution' means:
(a) A public university listed in ORS 352.002;
{ + (b) Portland State University;
(c) The University of Oregon; + }
{ - (b) - } { + (d) + } A community college operated under
ORS chapter 341;
{ - (c) - } { + (e) + } The Oregon Health and Science
University; or
{ - (d) - } { + (f) + } An Oregon-based, generally
accredited, not-for-profit institution of higher education.
(3) 'Qualified student' means any resident student who plans to
attend an eligible post-secondary institution and who:
(a) Has not achieved a baccalaureate or higher degree from any
post-secondary institution;
(b) Is enrolled in an eligible program as defined by rule of
the Oregon Student Access Commission; and
(c) Is making satisfactory academic progress as defined by rule
of the commission.
SECTION 205. ORS 348.205 is amended to read:
348.205. (1) The Oregon Opportunity Grant program is
established within the Oregon Student Access Commission.
(2) Under the program, the cost of education of a qualified
student shall be shared by the student, the family of the
student, the federal government and the state.
(3) The commission shall determine the cost of education of a
qualified student based on the type of eligible post-secondary
institution the student is attending. The cost of education
equals:
(a) For a student attending a community college, the average
cost of education of attending a community college in this state;
(b) For a student attending a public university under the
direction of the State Board of Higher Education, the average
cost of education of attending a public university under the
direction of the board;
{ + (c) For a student attending the University of Oregon or
Portland State University, the average cost of education of
attending the university; + }
{ - (c) - } { + (d) + } For a student attending a two-year
Oregon-based, generally accredited, not-for-profit institution of
higher education, the average cost of education of attending a
community college in this state; and
{ - (d) - } { + (e) + } For a student attending the Oregon
Health and Science University or a four-year Oregon-based,
generally accredited, not-for-profit institution of higher
education, the average cost of education of attending an
institution under the direction of the board.
(4)(a) The commission shall determine the amount of the student
share. The student share shall be based on:
(A) The type of eligible post-secondary institution the student
is attending;
(B) The number of hours of work that the commission determines
may be reasonably expected from the student; and
(C) The amount of loans that the commission determines would
constitute a manageable debt burden for the student.
(b) The student shall determine how to cover the student share
through income from work, loans, savings and scholarships.
(c) The student share for a student who attends a community
college may not exceed the amount that the commission determines
a student may earn based on the number of hours of work
reasonably expected from the student under paragraph (a) of this
subsection.
(d) The student share for a student who attends an eligible
post-secondary institution that is not a community college may
not exceed the sum of the amount that the commission determines a
student may receive as loans plus the amount a student may earn
based on the number of hours of work reasonably expected from the
student under paragraph (a) of this subsection.
(5) The commission shall determine the amount of the family
share. The family share shall be based on the resources of the
family.
(6) The commission shall determine the amount of the federal
share based on how much the student or the student's family is
expected to receive from the federal government as grants, loans,
tax credits or other student assistance.
(7)(a) The commission shall determine the amount of the state
share. The state share shall be equal to the cost of education
reduced by the student share, family share and amount received by
the student from the federal government.
(b) The commission shall establish a minimum amount that a
student may receive as a state share. If the commission
determines that the amount of the state share of a student is
below the minimum amount, the student may not receive the state
share.
(c) In determining the amount of the state share, the
commission shall consider the total amount available to award as
grants to all qualified students. If the commission must reduce
the amount of the state share under this paragraph, the
commission may not reduce the amount of the state share awarded
to students in the low income range in a greater proportion than
the amount that the state share for students in other income
ranges is reduced.
(8)(a) The commission shall adopt rules that prioritize current
foster children and former foster children for receiving Oregon
Opportunity Grants when the Oregon Opportunity Grant program does
not have sufficient funding to serve all eligible Oregon
students.
(b) For the purposes of this subsection, 'former foster child'
has the meaning given that term in ORS 351.293.
SECTION 206. ORS 348.270 is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the commission shall award scholarships in any public
university listed in ORS 352.002, { + in Portland State
University, in the University of Oregon, + } in the Oregon Health
and Science University, in any community college operated under
ORS chapter 341, or in any Oregon-based regionally accredited
independent institution, to any student applying for enrollment
or who is enrolled therein, who is:
(a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the commission, that the income of the
public safety officer is less than that earned by public safety
officers performing duties comparable to those performed at the
highest rank or grade attained by the public safety officer; or
(b) A current foster child or former foster child who enrolls
in an institution of higher education as an undergraduate student
not later than three years from the date the student was removed
from the care of the Department of Human Services, the date the
student graduated from high school or the date the student
received the equivalent of a high school diploma, whichever date
is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are current foster
children or former foster children shall equal the amount of
tuition and all fees levied by the institution against the
recipient of the scholarship. However, scholarships awarded to
students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the University of
Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a public
university listed in ORS 352.002 { + , Portland State University
or the University of Oregon, + } or { + in + } a community
college or an independent institution within the State of Oregon,
the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education and four years of post-graduate
education.
(4) If the student who is a current foster child or former
foster child or who is the dependent of a public safety officer
with a disability continues to remain enrolled in a public
university listed in ORS 352.002 { + , Portland State University
or the University of Oregon, + } or { + in + } a community
college or an independent institution within the State of Oregon,
the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education.
(5) The commission may require proof of the student's
relationship to a public safety officer described in subsection
(1) of this section or proof that the student is a current foster
child or former foster child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
(C) A police officer commissioned by a university under ORS
352.383.
(D) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011.
SECTION 207. ORS 348.270, as amended by section 51, chapter
644, Oregon Laws 2011, is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the commission shall award scholarships in any public
university listed in ORS 352.002, { + in Portland State
University, in the University of Oregon, + } in the Oregon Health
and Science University, in any community college operated under
ORS chapter 341, or in any Oregon-based regionally accredited
independent institution, to any student applying for enrollment
or who is enrolled therein, who is:
(a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the commission, that the income of the
public safety officer is less than that earned by public safety
officers performing duties comparable to those performed at the
highest rank or grade attained by the public safety officer; or
(b) A current foster child or former foster child who enrolls
in an institution of higher education as an undergraduate student
not later than three years from the date the student was removed
from the care of the Department of Human Services, the date the
student graduated from high school or the date the student
received the equivalent of a high school diploma, whichever date
is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are current foster
children or former foster children shall equal the amount of
tuition and all fees levied by the institution against the
recipient of the scholarship. However, scholarships awarded to
students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the University of
Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a public
university listed in ORS 352.002 { + , Portland State University
or the University of Oregon, + } or { + in + } a community
college or an independent institution within the State of Oregon,
the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education and four years of post-graduate
education.
(4) If the student who is a current foster child or former
foster child or who is the dependent of a public safety officer
with a disability continues to remain enrolled in a public
university listed in ORS 352.002 { + , Portland State University
or the University of Oregon, + } or { + in + } a community
college or an independent institution within the State of Oregon,
the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education.
(5) The commission may require proof of the student's
relationship to a public safety officer described in subsection
(1) of this section or proof that the student is a current foster
child or former foster child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
(C) A police officer commissioned by a university under ORS
352.383.
SECTION 208. ORS 348.282 is amended to read:
348.282. As used in this section and ORS 348.283:
(1) 'Armed Forces of the United States' means:
(a) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(b) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States; and
(c) The Oregon National Guard and a National Guard of any other
state or territory.
(2) 'Public post-secondary institution' means:
(a) A public university under the direction of the State Board
of Higher Education;
{ + (b) Portland State University;
(c) The University of Oregon; + } and
{ - (b) - } { + (d) + } A community college operated under
ORS chapter 341.
(3) 'Veteran' has the meaning given that term in ORS 408.225.
SECTION 209. ORS 348.394 is amended to read:
348.394. As used in ORS 348.394 to 348.406:
(1) 'Eligible post-secondary institution' means:
(a) A public university listed in ORS 352.002;
(b) A community college as defined in ORS 341.005;
{ + (c) Portland State University;
(d) The University of Oregon; + } or
{ - (c) - } { + (e) + } A generally accredited,
not-for-profit institution of higher education.
(2) 'Participant' means a student who receives a grant under
ORS 348.401.
SECTION 210. ORS 348.470 is amended to read:
348.470. The Legislative Assembly finds and declares that:
(1) It is the policy of this state to encourage cooperation
between the Oregon University System { + , Portland State
University, the University of Oregon + } and community colleges
on issues affecting students who transfer { - between the
two - } { + among the + } segments; and
(2) All unnecessary obstacles that restrict student transfer
opportunities { - between the two - } { + among the + }
segments shall be eliminated.
SECTION 211. ORS 348.597 is amended to read:
348.597. (1) Except as provided in subsection (2) of this
section, ORS 348.594 to 348.615 apply to all schools that operate
in this state.
(2) ORS 348.594 to 348.615 do not apply to:
(a) An Oregon community college;
(b) A public university listed in ORS 352.002 { + , Portland
State University or the University of Oregon + };
(c) The Oregon Health and Science University;
(d) A school, or a separately accredited campus of a school, if
the school:
(A) Is a nonprofit school that is exempt from federal income
tax under section 501(c)(3) of the Internal Revenue Code;
(B) Conferred degrees in this state under the same control for
at least five consecutive years; and
(C) Is accredited by a regional accrediting association or its
national successor;
(e) A school that, on July 14, 2005, was a school that met the
criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and that
offered only degrees with approved titles in theology or
religious occupations; or
(f) A school that is exempt from ORS 348.594 to 348.615 under
ORS 348.604.
(3) The Higher Education Coordinating Commission shall issue a
separate license to issue degrees to each school that meets the
requirements for exemption from evaluation by the office set
forth in subsection (2)(d) of this section. The license shall
remain in effect if the school continues to meet the requirements
of subsection (2)(d) of this section.
SECTION 212. ORS 348.890 is amended to read:
348.890. (1) The Higher Education Coordinating Commission shall
provide policy direction to implement regional partnership
proposals and any other joint program or activity approved by the
State Board of Education { + , Portland State University, the
University of Oregon + } { - and - } { + or + } the State
Board of Higher Education.
(2) Notwithstanding ORS 351.063 (3), the Department of
Community Colleges and Workforce Development and the Oregon
University System may use appropriations from the General Fund to
implement agreements approved by the Higher Education
Coordinating Commission that provide direct aid to a student, or
other incentives that encourage shared use of facilities,
programs and other resources of public universities listed in ORS
352.002 and community colleges.
SECTION 213. ORS 348.900 is amended to read:
348.900. (1) The Employment Department, in consultation with
health care industry employers, shall perform a statewide and
regional needs assessment for health care occupations to identify
emerging occupations and occupations for which there is high
demand or a shortage of workers. The assessment shall be
performed as necessary on a periodic basis, as determined by the
department, in consultation with industry employers. To perform
the needs assessment, the department may consider any reliable
data sources available to the department.
(2) Based on the needs assessment, the Higher Education
Coordinating Commission shall inform the community colleges,
public universities listed in ORS 352.002, { + Portland State
University, the University of Oregon, + }Oregon Health and
Science University and health care industry employers of the
identified statewide needs and invite the development of health
care education programs that are responsive to those needs.
(3) When approving health care education programs, the State
Board of Education, the State Board of Higher Education and the
Oregon Health and Science University Board of Directors shall use
the statewide needs assessment to evaluate whether a program
fulfills statewide needs. If a board determines there is a
statewide need, the board shall facilitate the:
(a) Coordination of new health care education programs and
existing health care education programs that are similar to the
new health care education programs to address the statewide need;
and
(b) Alignment of health care education programs relating to
statewide access, student transferability between programs,
course articulation and common student learning outcomes for
health care education programs.
(4) In the development and approval of health care education
programs, community colleges, public universities, Oregon Health
and Science University, the State Board of Education, the State
Board of Higher Education { + , the Portland State University
Board of Directors, the University of Oregon Board of
Directors + } and the Oregon Health and Science University Board
of Directors shall consider issues related to statewide access,
student transferability between programs, course articulation and
common student learning outcomes for health care education
programs. The community colleges, public universities, Oregon
Health and Science University and boards shall continue to
provide and improve upon an effective articulation and transfer
framework for students in Oregon's post-secondary sectors.
SECTION 214. ORS 348.910 is amended to read:
348.910. (1) As used in this section, 'applied baccalaureate
degree' means a bachelor's degree designed to incorporate applied
associate courses and degrees with additional coursework
emphasizing higher-order thinking skills and advanced technical
knowledge and skills.
(2) The Higher Education Coordinating Commission shall develop
a plan for offering applied baccalaureate degree programs at
community colleges { + , Portland State University, the
University of Oregon + } and public universities listed in ORS
352.002. The commission shall consider the following types of
programs for the purpose of offering some of these types and the
possibility of combinations of these types:
(a) A career ladder program that requires a substantial number
of upper level courses in the same technical area of study as the
student's applied associate degree;
(b) An inverse program that reverses the traditional curriculum
sequence by adding general education courses in the student's
third and fourth years to the associate degree courses taken in
the student's first and second years;
(c) A management ladder program that combines associate degree
requirements with applied management skills coursework; and
(d) A work experience program that combines general education
and technical coursework with direct, supervised work experience
in a relevant field.
(3) The plan must include the following elements:
(a) The method by which the applied baccalaureate degree
programs will be created, including any necessary accreditation
by the relevant accrediting agency;
(b) The criteria for approving the degree and course options
offered by { + Portland State University, the University of
Oregon, + } public universities listed in ORS 352.002 and
community colleges;
(c) The articulation agreements between community
colleges { + , Portland State University, the University of
Oregon + } and public universities listed in ORS 352.002
necessary to ensure that the applied baccalaureate degree
programs are as widely available as possible;
(d) The resources required to implement the applied
baccalaureate degree program;
(e) The timeline necessary to implement the applied
baccalaureate degree program; and
(f) A recommendation as to whether community colleges should be
allowed to offer applied baccalaureate degrees.
SECTION 215. ORS 351.015 is amended to read:
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.
SECTION 216. ORS 351.509 is amended to read:
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 - } { +
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
{ - the Oregon University System - } { + 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.
SECTION 217. ORS 351.511 is amended to read:
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 - } { + 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
{ - the Oregon University System - } { + 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.
SECTION 218. ORS 351.517 is amended to read:
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 { + on behalf of 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.
SECTION 219. ORS 351.518 is amended to read:
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 { + on behalf of 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.
SECTION 220. ORS 351.519 is amended to read:
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 { + or 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
Oregon University System { + on behalf of 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.
SECTION 221. ORS 351.521 is amended to read:
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 { + or 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
Oregon University System { + on behalf of 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.
SECTION 222. ORS 351.538 is amended to read:
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 { + or 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
Oregon University System { + on behalf of 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.
SECTION 223. ORS 351.539 is amended to read:
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 { + or 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
Oregon University System { + on behalf of 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.
SECTION 224. ORS 351.642 is amended to read:
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 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 and
their spouses and dependent children shall be 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 { + Portland State University, the
University of Oregon or + } any public university that is under
the control of the State Board of Higher Education.
(3) The State Board of Higher Education { + , Portland State
University, and the University of Oregon + } 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 { + , Portland State
University and the University of Oregon + } 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.
SECTION 225. ORS 351.649 is amended to read:
351.649. (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;
{ + (C) Portland State University;
(D) The University of Oregon; + } and
{ - (C) - } { + (E) + } 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.
SECTION 226. ORS 351.656 is amended to read:
351.656. (1) As used in this section:
(a) 'Child' means a child, adopted child or stepchild of a
service member.
(b) 'Eligible post-secondary institution' means:
(A) A public university listed in ORS 352.002;
{ + (B) Portland State University;
(C) The University of Oregon; + } and
{ - (B) - } { + (D) + } The Oregon Health and Science
University.
(c) 'Qualified student' means a child, a spouse or an
unremarried surviving spouse of a service member.
(d) '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 (6) 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 regardless of
whether the qualified student attends the course and pays
tuition.
(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.
SECTION 227. ORS 351.658 is amended to read:
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 Portland State University Board of Directors
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.
(3) The University of Oregon Board of Directors 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) - } { + (4) + } The public university may charge
the student attending under { - subsection (1) - }
{ + subsections (1) to (3) + } of this section fees associated
with the course being audited.
{ - (3) - } { + (5) + } A public university may develop
rules for implementation of this section, including rules
relating to registration, admission and fees.
SECTION 228. ORS 351.695 is amended to read:
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 { + , Portland
State University, the University of Oregon + } or the Oregon
Health and Science University.
(3) A university within the Oregon University System { + ,
Portland State University, the University of Oregon + } 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 { + ,
Portland State University, the University of Oregon + } 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.
SECTION 229. ORS 351.697 is amended to read:
351.697. (1) Each university in the Oregon University
System { + , Portland State University, University of Oregon + }
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 - }
{ + (d) Establish a grant program that meets the requirements
for a venture grant program under policies adopted by:
(A) The State Board of Higher Education under ORS 351.692;
(B) The University of Oregon Board of Directors under section
52 of this 2012 Act;
(C) The Portland State University Board of Directors under
section 114 of this 2012 Act; or
(D) 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.
SECTION 230. ORS 351.700 is amended to read:
351.700. 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 { + ;
(3) Portland State University; or
(4) The University of Oregon + }.
SECTION 231. ORS 351.704 is amended to read:
351.704. (1) Subject to ORS 351.094 and any group health and
welfare insurance benefit plan developed under ORS 351.094, { +
or any group health and welfare insurance benefit plan developed
by Portland State University or the University of Oregon, + } 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.
SECTION 232. ORS 351.708 is amended to read:
351.708. The State Board of Education { + , the Portland State
University Board of Directors, the University of Oregon Board of
Directors + } and the State Board of Higher Education shall
establish baselines and conduct annual reviews of each public
institution of higher education with respect to the employment of
full-time faculty and of faculty working less than full-time.
Each public institution of higher education shall provide the
necessary data for the board's report prior to September 1 of
each year. The boards shall report the results of the reviews to
the Legislative Assembly and the Governor's office prior to
October 1 of each year. The reviews shall include:
(1) Examination of data related to the ratio of courses taught
by the following faculty categories:
(a) Full-time faculty;
(b) Part-time faculty; and
(c) Graduate assistants;
(2) The pay differential for the faculty categories; and
(3) The health care and other benefits provided for each
faculty category.
SECTION 233. ORS 351.718 is amended to read:
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 { + , Portland
State University Board of Directors, University of Oregon Board
of Directors + } or the governing board of a community college
district may not serve as a member of the Higher Education
Coordinating Commission.
SECTION 234. ORS 351.735 is amended to read:
351.735. The Higher Education Coordinating Commission shall:
(1) Develop state goals and associated accountability measures
for the state post-secondary education system, including
community colleges { + , + } { - and - } public universities
listed in ORS 352.002, { + Portland State University and the
University of Oregon, + } and for the Oregon Student Access
Commission.
(2) 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.
(3) 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.
(4) 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 { + , Portland State
University and the University of Oregon + } in accordance with
criteria set by the State Board of Higher Education, { + the
Portland State University Board of Directors or the University of
Oregon Board of Directors, as appropriate, + } 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.
(5) Each biennium, recommend to the Governor and the
Legislative Assembly 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 { + ,
Portland State University and the University of Oregon + };
(c) Ongoing operations for community colleges;
(d) Needed new facilities or programs; and
(e) Capital improvements.
(6) Design and maintain a statewide educational data system, in
collaboration with the State Board of Education.
(7) 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.
(8) Approve and authorize degrees for the Oregon University
System { + , Portland State University and the University of
Oregon + }.
(9) 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.
SECTION 235. ORS 351.810 is amended to read:
351.810. The State Board of Higher Education, { + Portland
State University, the University of Oregon, + } the Oregon Health
and Science University and the Oregon members of the Western
Interstate Commission for Higher Education are authorized to take
any action necessary to achieving the ends of the Western
Regional Higher Education Compact.
SECTION 236. ORS 351.820 is amended to read:
351.820. (1) Prior to June 1 of each even-numbered year the
Oregon members of the Western Interstate Commission for Higher
Education shall determine the quotas of Oregon students for whom
various kinds of educational service should be purchased in
out-of-state institutions during the next biennium and shall
recommend to the State Board of Higher Education { + , the
Portland State University Board of Directors, the University of
Oregon Board of Directors + } and the Oregon Health and Science
University Board of Directors the amount to be included in
{ - its - } { + the + } biennial budget { + of the relevant
board + } to cover the cost of such educational service for
students enrolled in their respective institutions.
(2) The State Board of Higher Education { + , the Portland
State University Board of Directors, the University of Oregon
Board of Directors + } and the Oregon Health and Science
University Board of Directors shall negotiate contracts with the
Western Interstate Commission for Higher Education for
educational service of the kind and amount indicated by the
quotas determined under subsection (1) of this section. The
{ - board - } { + boards + } shall make payments required by
such contracts out of the money appropriated to { - it - }
{ + them + } for that purpose.
(3) The State Board of Higher Education may also contract with
higher education institutions, or others, which are not members
of the Western Interstate Commission for Higher Education, to
furnish educational services to students who are residents of the
State of Oregon in those areas of higher education where the
educational institutions of the State of Oregon are unable to
provide the desired professional educational opportunities.
SECTION 237. ORS 351.840 is amended to read:
351.840. (1) The State Board of Higher Education { + , the
Portland State University Board of Directors, the University of
Oregon Board of Directors + } and the Oregon Health and Science
University Board of Directors may contract with the Western
Interstate Commission for Higher Education to furnish educational
service in their respective Oregon public universities to
out-of-state students.
(2) The State Board of Higher Education { + , the Portland
State University Board of Directors, the University of Oregon
Board of Directors + } and the Oregon Health and Science
University Board of Directors shall determine the number of
out-of-state students that should be accepted into their
respective universities, and shall make final decisions on
admission of individual applicants.
(3) Payments made by the commission under such contracts shall
be deposited in and credited to a designated account in the
Oregon University System Fund established by ORS 351.506 for
students enrolled in public universities under the jurisdiction
of the State Board of Higher Education in the same manner that
fees and tuition payments for resident students are deposited and
credited. The estimated amount of the payments must be considered
by the board in making its biennial budgetary requests. Payments
made by the commission under such contracts must be deposited
with the Oregon Health and Science University for students who
enroll in that university under the terms of such contracts. { +
Payments made by the commission under such contracts for students
who enroll in Portland State University or the University of
Oregon must be deposited with the respective university under the
terms of such contracts. + }
SECTION 238. ORS 352.002 is amended to read:
352.002. The Oregon University System established in ORS
351.011 consists of the following public universities under the
jurisdiction of the State Board of Higher Education:
{ - (1) University of Oregon. - }
{ - (2) - } { + (1) + } Oregon State University.
{ - (3) Portland State University. - }
{ - (4) - } { + (2) + } Oregon Institute of Technology.
{ - (5) - } { + (3) + } Western Oregon University.
{ - (6) - } { + (4) + } Southern Oregon University.
{ - (7) - } { + (5) + } Eastern Oregon University.
SECTION 239. ORS 352.021 is amended to read:
352.021. (1) As used in this section, 'internment camp ' means
a relocation center to which persons were ordered evacuated by
Presidential Executive Order 9066, signed on February 19, 1942.
(2) A person who meets the requirements of subsection (4) of
this section may request a public university listed in ORS
352.002 { + , Portland State University or the University of
Oregon + } to award the person an honorary post-secondary degree.
(3) A representative of a deceased person who meets the
requirements of subsection (4) of this section may request a
public university to award an honorary post-secondary degree on
behalf of the deceased person.
(4) Notwithstanding the requirements for a post-secondary
degree established by a public university or by the State Board
of Higher Education, a public university that receives a request
under subsection (2) or (3) of this section may award an honorary
post-secondary degree to a person, or on behalf of a deceased
person, who:
(a) Was a student at the public university in 1942; and
(b) Did not graduate from the public university because the
person was ordered to an internment camp.
SECTION 240. ORS 352.043 is amended to read:
352.043. (1) There is created { - within the Oregon
University System - } the University of Oregon School of Law.
The school shall be administered by the University of Oregon.
(2) The University of Oregon School of Law shall:
(a) Prepare students for careers in the legal profession.
(b) Perform the duties required of the school under ORS 36.100
to 36.238.
(3) The president of the University of Oregon shall appoint the
Dean of the University of Oregon School of Law.
SECTION 241. ORS 352.046 is amended to read:
352.046. (1) Pursuant to ORS 351.870, there is created
{ - within the Oregon University System - } the Center for
Brain, Biology and Machine. The center shall be administered by
the University of Oregon.
(2) The purpose of the center is to promote interdisciplinary
teaching and research in scientific areas, including but not
limited to brain structure, development and functions, genetics
and genomics, cognitive neuroscience, molecular biology,
computational science, computing, magnetic resonance imaging and
optics.
(3) The { - Oregon University System - } { + University of
Oregon + } may receive moneys from any public or private source
to support the Center for Brain, Biology and Machine created
under subsections (1) and (2) of this section. Gifts or grants
received to support the center shall be deposited in an
appropriate fund at the University of Oregon { - by the Oregon
University System - } .
SECTION 242. ORS 352.048 is amended to read:
352.048. (1) There is created { - within the Oregon
University System - } the Industrialized Housing Development
Program. The program shall be administered in conjunction with
the Center for Housing Innovation at the University of Oregon.
(2) The purpose of the program is to provide assistance to
industrialized housing manufacturers to help them achieve
demonstrated best practice by researching, evaluating and
disseminating information on opportunities to improve design
technology, including but not limited to:
(a) Methods to improve the affordability of housing;
(b) Better utilization of new products in industrialized
housing;
(c) Improving the energy efficiency of industrialized housing;
and
(d) Specialized training for workers and management.
SECTION 243. ORS 352.049 is amended to read:
352.049. (1) In fulfilling the purpose described in ORS
352.048, the Industrialized Housing Development Program shall:
(a) Emphasize client-directed problem solving with the planning
and design of appropriate design technologies;
(b) Provide or arrange for the provision of management
assistance, specialized training for workers and other consulting
services;
(c) Supplement the design skills and expertise of program staff
by developing relations with experts who may work in a consulting
role;
(d) Research new and developing design technology in the United
States and overseas with the purpose of adapting proven
technologies and management practices to Oregon conditions; and
(e) Disseminate research findings to all interested firms
throughout the industrialized housing industry.
(2) The Industrialized Housing Development Program shall
establish a schedule of fees for the services it provides. The
program may establish a minimum level of service for which it
does not charge fees.
(3) The Industrialized Housing Development Program may hire
individuals on a contract basis, to provide either full-time or
part-time staffing. However, employees of the program shall not
be considered tenured employees of the { - Oregon University
System - } { + University of Oregon + }.
SECTION 244. ORS 352.051 is amended to read:
352.051. The { - State Board of Higher Education - } { +
University of Oregon Board of Directors + } shall adopt rules
necessary to carry out the provisions of ORS 352.048 to 352.053.
SECTION 245. ORS 352.063 is amended to read:
352.063. { - The Oregon University System - } { + Portland
State University + } may receive moneys from any public or
private source to support the Mark O. Hatfield School of
Government, the Center for Lakes and Reservoirs, the Graduate
School of Social Work or the Institute of Portland Metropolitan
Studies created under ORS 352.066, 352.068, 352.071 and 352.074.
Gifts and grants received to support the Mark O. Hatfield School
of Government, the Center for Lakes and Reservoirs, the Graduate
School of Social Work or the Institute of Portland Metropolitan
Studies shall be credited to the appropriate fund at Portland
State University { - by the Oregon University System - } .
SECTION 246. ORS 352.066 is amended to read:
352.066. (1) Pursuant to ORS 351.870, there is created
{ - within the Oregon University System - } the Mark O.
Hatfield School of Government. The Mark O. Hatfield School of
Government shall be administered by Portland State University.
The president of Portland State University shall appoint the
director of the Mark O. Hatfield School of Government.
(2) The purposes of the Mark O. Hatfield School of Government
are:
(a) To prepare students for careers in political service,
public administration and the administration of justice;
(b) To perform the duties required of the school under ORS
36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice Research and Policy
Institute in carrying out the duties under subsection (3) of this
section.
(3) There is created within the Mark O. Hatfield School of
Government the Criminal Justice Research and Policy Institute.
The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and
delinquency by:
(a) Providing the Legislative Assembly with objective,
nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with
state or federal law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not limited to programs
dealing with public safety professionalism, ethics in leadership
and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and
delinquent behavior or to improve professionalism in public
safety careers;
(c) Managing reviews and evaluations relating to major
long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in
leadership and early childhood development programs;
(d) Initiating, sponsoring, conducting and publishing research
on criminal and juvenile justice, public safety professionalism,
ethics in leadership and early childhood development that is peer
reviewed and directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers, public agencies and leading academicians;
and
(f) Seeking to strengthen the links among the Legislative
Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and
Training and the academic community in the interest of more
informed policymaking, the application of best practices and more
relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee
with responsibility over criminal or juvenile justice systems or
childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in evaluating
criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime
and improving professionalism in public safety careers.
(5) Agencies, departments and officers of state and local
governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish
information, data and advice as requested by the institute.
SECTION 247. ORS 352.068 is amended to read:
352.068. (1) Pursuant to ORS 351.870, there is created
{ - within the Oregon University System - } the Center for
Lakes and Reservoirs. The Center for Lakes and Reservoirs shall
be administered by Portland State University.
(2) The purpose of the Center for Lakes and Reservoirs is to
assist state and federal agencies in researching and mitigating
nonindigenous, invasive aquatic species in this state and to work
with communities in developing effective management of lakes and
reservoirs.
SECTION 248. ORS 352.071 is amended to read:
352.071. (1) Pursuant to ORS 351.870, there is created
{ - within the Oregon University System - } the Graduate
School of Social Work. The Graduate School of Social Work shall
be administered by Portland State University.
(2) The purpose of the Graduate School of Social Work is to
provide a center for specialized education and research in the
social services for the betterment of communities in the Portland
metropolitan area, the state and the Pacific Northwest.
SECTION 249. ORS 352.074 is amended to read:
352.074. (1) Pursuant to ORS 351.870, there is created
{ - within the Oregon University System - } the Institute of
Portland Metropolitan Studies. The Institute of Portland
Metropolitan Studies shall be administered by Portland State
University.
(2) The purpose of the Institute of Portland Metropolitan
Studies is to build partnerships between Portland State
University's urban studies programs and the surrounding
communities of metropolitan Portland and to sponsor public
service research.
SECTION 250. ORS 353.440 is amended to read:
353.440. The Legislative Assembly finds that:
(1) Public universities in the Oregon University System { + ,
Portland State University, the University of Oregon + } and other
educational sectors have academic programs that are related to or
integrated with the programs of Oregon Health and Science
University.
(2) It is in the best interest of the state that a coordinated
approach be taken to these related and integrated academic
programs.
(3) In order to best ensure the continued harmony of such
academic programs, the Oregon Health and Science University { + ,
Portland State University, the University of Oregon + } and the
Oregon University System shall coordinate such programs and shall
advise each other of the following proposed changes to such
academic programs:
(a) Creation or significant revision, such as a merger or
closure, of degree programs;
(b) Creation or significant revision, such as a merger or
closure, of schools; and
(c) Creation or significant revision of major academic
policies.
(4) The Oregon Health and Science University and the Higher
Education Coordinating Commission shall coordinate and advise
each other of the following types of proposed changes to their
related or integrated academic programs:
(a) Coordination of strategic plans for achieving higher
education goals;
(b) Seeking advice and input from each other on modifications
to statutory educational missions;
(c) Working to develop a statewide educational data system;
(d) Collaborating as necessary on the creation of any new
degree programs; and
(e) Notifying each other and commenting on tuition rate
changes.
(5) In order to further the coordination described by this
section, Oregon Health and Science University officers shall
maintain a role in the appropriate committees of the State Board
of Higher Education, the Higher Education Coordinating Commission
and the Oregon University System.
SECTION 251. ORS 353.600 is amended to read:
353.600. As used in ORS 353.600 to 353.612:
(1) 'Committee' means the Oregon Nursing Shortage Coalition
Committee created in ORS 353.606.
(2) 'Post-secondary education institution' means:
(a) A public university listed in ORS 352.002;
{ + (b) Portland State University;
(c) The University of Oregon; + }
{ - (b) - } { + (d) + } A community college operated under
ORS chapter 341;
{ - (c) - } { + (e) + } A school or division of Oregon
Health and Science University; or
{ - (d) - } { + (f) + } An Oregon-based, generally
accredited, not-for-profit private institution of higher
education.
SECTION 252. ORS 353.603 is amended to read:
353.603. (1) Oregon Health and Science University shall
distribute grants to post-secondary education institutions to
support nursing education programs based on the selections of the
Oregon Nursing Shortage Coalition Committee and in accordance
with appropriate university policies and procedures. If the
university is not able to distribute a grant to a post-secondary
education institution selected by the committee, the university
shall report to the committee the reason for not distributing the
grant.
(2) Grants distributed under this section to a community
college { + , the University of Oregon, Portland State
University + } or a public university listed in ORS 352.002 may
be based on an intergovernmental agreement entered into by Oregon
Health and Science University and the college or public
university.
(3) Oregon Health and Science University may not use more than
five percent of the amount received from the Nursing Education
Grant Fund established in ORS 353.612 for the grant program in
any biennium for administrative expenses incurred in
administering ORS 353.600 to 353.612.
(4) Oregon Health and Science University may accept
contributions of funds and assistance from the United States
Government or its agencies, or from any other source, public or
private, and agree to conditions placed on the funds not
inconsistent with the purposes of ORS 353.600 to 353.612. The
university shall use funds and assistance received under this
subsection for grants distributed under this section or for
administering ORS 353.600 to 353.612.
(5) Oregon Health and Science University shall deposit moneys
received by the university for purposes of ORS 353.600 to 353.612
in the Nursing Education Grant Fund. The total amount of grants
distributed under this section may not exceed the amount of
moneys available for distribution in the fund.
SECTION 253. ORS 357.004 is amended to read:
357.004. As used in ORS 357.001 to 357.200, unless the context
requires otherwise:
(1) 'Depository library' means a library that is designated as
such under ORS 357.095.
(2)(a) 'Issuing agency' means state government, as that term is
defined in ORS 174.111.
(b) 'Issuing agency' does not include { + :
(A) + } The State Board of Higher Education or any public
university or office, department or activity under the control of
the board { + ;
(B) Portland State University; or
(C) The University of Oregon + }.
(3)(a) 'Public document' means informational matter produced
for public distribution or access regardless of format, medium,
source or copyright, originating in or produced with the imprint
of, by the authority of or at the total or partial expense of any
state agency. 'Public document' includes informational matter
produced on computer diskettes, CD-ROMs, computer tapes, the
Internet or in other electronic formats.
(b) 'Public document' does not include:
(A) Correspondence, forms, interoffice or intraoffice
memoranda;
(B) Legislative bills;
(C) Oregon Revised Statutes or any edition thereof; or
(D) Reports and publications of the Oregon Supreme Court, the
Oregon Court of Appeals and the Oregon Tax Court.
SECTION 254. ORS 357.203 is amended to read:
357.203. (1) The State Library and State of Oregon Law Library
operating budget for services to state agencies shall be assessed
against all state agencies except the Oregon University
System { + , Portland State University and the University of
Oregon + }. The State Library assessment shall be apportioned
among the agencies as follows:
(a) One-third of the assessment shall be based on the use of
the State Library by the agency; and
(b) Two-thirds of the assessment shall be based on the number
of full-time equivalent employees budgeted by the agency.
(2) Except as provided in subsection (4) of this section, the
Oregon Department of Administrative Services shall cause the
amount assessed to be transferred from the moneys appropriated to
each state agency to the Miscellaneous Receipts Account for the
State Library.
(3) Subject to the provisions of subsection (5) of this
section, the department shall determine and may at any time
redetermine which state funds or appropriations shall be assessed
a reasonable share of State Library and State of Oregon Law
Library operating expenses that support state agencies. In
determining or redetermining the funds that shall be so assessed:
(a) A fund consisting of moneys the use of which is restricted
by the Oregon Constitution shall be assessed only those
governmental service expenses ascertained as being necessarily
incurred in connection with the purposes set forth in the Oregon
Constitution.
(b) Trust funds shall be assessed only those governmental
service expenses ascertained as being necessarily incurred in
connection with the purposes for which the trust fund was
established.
(c) State agencies shall be assessed only the State Library and
State of Oregon Law Library expenditures that support state
agencies.
(4) The Oregon Department of Administrative Services shall
cause the amount assessed against state agencies for the
operating budget of the State of Oregon Law Library to be
transferred to the Judicial Department. Moneys transferred under
this subsection are continuously appropriated to the Judicial
Department and may be used only for the costs of operating the
State of Oregon Law Library.
(5) Unless the Oregon Department of Administrative Services and
the Judicial Department agree to a different methodology and
formula, the State of Oregon Law Library assessment shall be
apportioned on the basis of the number of full-time equivalent
employees budgeted by the agency.
SECTION 255. ORS 408.095 is amended to read:
408.095. (1) As used in this section, 'community college ' has
the meaning given that term in ORS 341.005.
(2) There is created in the Department of Veterans' Affairs the
Campus Veterans' Service Officers Program.
(3) The purpose of the program is to provide educational
outreach to veterans to help ensure that they obtain maximum
state and federal benefits.
(4) The department shall appoint a sufficient number of campus
veterans' service officers to ensure that each Oregon community
college { + , + } { - and - } each public university in the
Oregon University System { - , - } as described in ORS
352.002 { + , Portland State University and the University of
Oregon + }, { - is - } { + are + } provided veterans'
services.
(5) Each community college { + , + } { - and - }
{ + each + } public university in the Oregon University
System { + , Portland State University and the University of
Oregon + } shall provide office space that may be used for the
provision of veterans' services.
(6) The department may adopt rules to implement the Campus
Veterans' Service Officers Program.
SECTION 256. ORS 431.690 is amended to read:
431.690. (1) As used in this section, 'place of public
assembly' means a single building that has 50,000 square feet or
more of indoor floor space and where:
(a)(A) The public congregates for purposes such as
deliberation, shopping, entertainment, amusement or awaiting
transportation; or
(B) Business activities are conducted; and
(b) At least 50 individuals congregate on a normal business
day.
(2) Notwithstanding ORS 431.680 (3), the owner of a place of
public assembly shall have on the premises at least one automated
external defibrillator.
(3) Notwithstanding subsection (2) of this section:
(a) A community college { + , Portland State University, the
University of Oregon + } or a public university listed in ORS
352.002 shall have at least one automated external defibrillator
on the campus of the community college or public university; and
(b) If the campus of the community college or public university
contains more than one place of public assembly, the community
college or public university shall ensure that at least one
automated external defibrillator is readily available to each
place of public assembly.
(4) Subsection (2) of this section does not apply to a building
primarily used for worship or education associated with worship.
SECTION 257. ORS 433.090 is amended to read:
433.090. As used in ORS 433.090 to 433.102:
(1) 'Authorized user' means a person or entity authorized to
provide information to or to receive information from an
immunization registry or tracking and recall system under ORS
433.090 to 433.102. 'Authorized user' includes, but is not
limited to:
(a) The Oregon Health Authority and its agents;
(b) Local health departments and their agents;
(c) Licensed health care providers and their agents;
(d) Health care institutions;
(e) Insurance carriers;
(f) State health plans as defined in ORS 192.556;
(g) Parents, guardians or legal custodians of children under 18
years of age;
(h) Clients 18 years of age or older;
(i) Post-secondary education institutions;
(j) Schools; and
(k) Children's facilities.
(2) 'Children's facility' has the meaning given that term in
ORS 433.235.
(3) 'Client' means a person registered with any Oregon tracking
and recall system.
(4) 'Immunization record' includes but is not limited to
records of the following:
(a) Any immunization received;
(b) Date immunization was received;
(c) Complication or side effect associated with immunization;
(d) Date and place of birth of a client;
(e) Hospital where a client was born;
(f) Client's name; and
(g) Mother's name.
(5) 'Immunization registry' means a listing of clients and
information relating to their immunization status, without regard
to whether the registry is maintained in this state or elsewhere.
(6) 'Local health department' has the meaning given that term
in ORS 433.235.
(7) 'Parent or guardian' has the meaning given the term '
parent' in ORS 433.235.
(8) 'Post-secondary education institution' means:
(a) A public university listed in ORS 352.002;
{ + (b) Portland State University;
(c) The University of Oregon; + }
{ - (b) - } { + (d) + } A community college operated under
ORS chapter 341;
{ - (c) - } { + (e) + } A school or division of Oregon
Health and Science University; or
{ - (d) - } { + (f) + } An Oregon-based, generally
accredited, private institution of higher education.
(9) 'Provider' means a physician or a health care professional
who is acting within the scope of the physician's or
professional's licensure and is responsible for providing
immunization services or for coordinating immunization services
within a clinic, public health site, school or other immunization
site.
(10) 'School' has the meaning given that term in ORS 433.235.
(11) 'Tracking and recall record' means information needed to
send reminder cards to, place telephone calls to or personally
contact the client or the parent or guardian of a client for the
purposes of informing the client, parent or guardian that the
client is late in receiving recommended immunizations, hearing or
lead screenings, or other public health interventions, including
but not limited to the client's:
(a) Name;
(b) Address;
(c) Telephone number;
(d) Insurance carrier; and
(e) Health care provider.
(12) 'Tracking and recall system' means a system attached to an
immunization registry designed to contact clients listed in the
immunization registry for the purposes of assisting in the timely
completion of immunization series, hearing or lead screenings, or
other public health interventions designated by rule of the
authority.
SECTION 258. ORS 461.543 is amended to read:
461.543. (1) Except as otherwise specified in subsection (5) of
this section, the Sports Lottery Account is continuously
appropriated to and shall be used by the State Board of Higher
Education to fund sports programs at public universities listed
in ORS 352.002 { + , Portland State University and the University
of Oregon + }. Seventy percent of the revenues in the fund shall
be used to fund nonrevenue producing sports and 30 percent shall
be used for revenue producing sports. Of the total amount
available in the fund, at least 50 percent shall be made
available for women's athletics.
(2) The board shall allocate moneys in the Sports Lottery
Account among the public universities, giving due consideration
to:
(a) The athletic conference to which the public university
belongs and the relative costs of competing in that conference.
(b) The level of effort being made by the public university to
generate funds and support from private sources.
(3) As used in subsections (1) to (3) of this section, '
revenue producing sport' is a sport that produces net revenue
over expenditures during a calendar year or if its season extends
into two calendar years, produces net revenue over expenditures
during the season.
(4) An amount equal to one percent of the moneys transferred to
the Administrative Services Economic Development Fund from the
State Lottery Fund shall be allocated from the Administrative
Services Economic Development Fund to the Sports Lottery Account.
(5) The amounts received by the Sports Lottery Account shall be
allocated as follows:
(a) Eighty-eight percent for the purposes specified in
subsections (1) to (3) of this section, but not to exceed $8
million annually, adjusted annually pursuant to the Consumer
Price Index, as defined in ORS 327.006.
(b) Twelve percent for the purpose of scholarships, to be
distributed equally between scholarships based on academic merit
and scholarships based on need, as determined by rule of the
board, but not to exceed $1,090,909 annually.
(c) All additional money to the Oregon Student Access
Commission for the Oregon Opportunity Grant program under ORS
348.260.
SECTION 259. ORS 541.932 is amended to read:
541.932. (1)(a) The following entities may submit a request for
funding for, or for advice and assistance in developing, a
project under ORS 541.890 to 541.969:
(A) A person;
(B) An Indian tribe;
(C) A watershed council;
(D) A soil and water conservation district;
(E) A community college;
(F) A public university listed in ORS 352.002 { + , Portland
State University or the University of Oregon + };
(G) An independent not-for-profit institution of higher
education; or
(H) A political subdivision of this state that is not a state
agency.
(b) A state agency or federal agency may apply for funding
under this section only as a coapplicant with an entity described
in paragraph (a) of this subsection.
(2) The request under subsection (1) of this section shall be
filed in the manner, be in the form and contain the information
required by the Oregon Watershed Enhancement Board, regardless of
the anticipated funding source for the project.
(3) The board may establish a grant program through soil and
water conservation districts organized under ORS 568.210 to
568.808 and 568.900 to 568.933 that provides funds for local
implementation of watershed enhancement, education and monitoring
efforts.
(4) The board may fund implementation of action plans based on
a watershed assessment that addresses water quality and aquatic
resources of the watershed.
(5) A project may use mechanical, vegetative or structural
methods including, but not limited to, management techniques,
erosion control, streambank stabilization, forest, range or crop
land treatment, site specific in-stream structures, acquisitions
or leases of land or water rights from a willing owner, watershed
assessments, landowner incentives and action plan development,
implementation and monitoring.
(6) The actions of a soil and water conservation district
carried out pursuant to a grant program established by the board
under subsection (3) of this section shall not be subject to
review and approval by the Natural Resources Division under ORS
561.400.
(7) If a project or a portion of a project is not subject to
the funding criteria described in ORS 541.958 and applies to
receive funding from the board, the board may approve the project
or portion of a project for funding only if the project or
portion of a project:
(a) Is based on sound principles of native fish or wildlife
habitat conservation or watershed management;
(b) Uses methods most adapted to the project locale;
(c) Meets the criteria established by the board under ORS
541.906; and
(d) Contributes to either:
(A) The improved health of a stream, lake or reservoir and
toward the achievement of standards that satisfy the requirements
of the Federal Water Pollution Control Act (P.L. 92-500), as
amended; or
(B) The conservation or restoration of habitat for, or of
watershed or ecosystem function for, native fish or wildlife.
(8) The Oregon Watershed Enhancement Board may fund a project
for the restoration of a riparian area or associated upland that
is carried out in conjunction with a storage structure. However,
the board shall not approve funding for any proposed project that
consists solely of construction of a storage structure for
out-of-stream use.
(9) The Oregon Watershed Enhancement Board may fund projects
involving the acquisition of lands and waters, or interests
therein from willing sellers, for the purpose of maintaining or
restoring watersheds and habitat for native fish or wildlife.
Interests in these lands and waters may be held by local, state
and federal agencies, tribes, not-for-profit land conservation
organizations and trusts, public universities listed in ORS
352.002, independent not-for-profit institutions of higher
education or political subdivisions of this state, as long as the
entity continues to use the land or water for the purposes
specified under section 4b, Article XV of the Oregon
Constitution.
(10) If the Oregon Watershed Enhancement Board approves funding
for a project under this section, the board may not disburse
funds to the applicant for any part of the project that requires
the applicant to obtain a permit or license from a local, state
or federal agency or governing body until the applicant presents
evidence that the agency has granted the permit or license.
SECTION 260. ORS 634.660 is amended to read:
634.660. Each of the following state agencies shall implement
integrated pest management practices when carrying out the
agency's duties related to pest control:
(1) State Department of Agriculture, including the control of
noxious weeds.
(2) State Department of Fish and Wildlife.
(3) Department of Transportation.
(4) State Parks and Recreation Department.
(5) State Forestry Department.
(6) Department of Corrections.
(7) Oregon Department of Administrative Services.
(8) The Department of State Lands.
(9) Each public university listed in ORS 352.002, { + Portland
State University and the University of Oregon, + } for the public
university's own building and grounds maintenance.
SECTION 261. ORS 659.850 is amended to read:
659.850. (1) As used in this section, 'discrimination ' means
any act that unreasonably differentiates treatment, intended or
unintended, or any act that is fair in form but discriminatory in
operation, either of which is based on race, color, religion,
sex, sexual orientation, national origin, marital status, age or
disability. 'Discrimination' does not include enforcement of an
otherwise valid dress code or policy, as long as the code or
policy provides, on a case-by-case basis, for reasonable
accommodation of an individual based on the health and safety
needs of the individual.
(2) A person may not be subjected to discrimination in any
public elementary, secondary or community college education
program or service, school or interschool activity or in any
higher education program or service, school or interschool
activity where the program, service, school or activity is
financed in whole or in part by moneys appropriated by the
Legislative Assembly.
(3) The State Board of Education { + , the Portland State
University Board of Directors, the University of Oregon Board of
Directors + } and the State Board of Higher Education shall
establish rules necessary to ensure compliance with subsection
(2) of this section in the manner required by ORS chapter 183.
SECTION 262. ORS 659.860 is amended to read:
659.860. (1) Any person claiming to be aggrieved by unlawful
discrimination as prohibited by ORS 659.850 may file a civil
action in circuit court for equitable relief or, subject to the
terms and conditions of ORS 30.265 to 30.300, damages, or both.
The court may order such other relief as may be appropriate.
Damages shall be $200 or actual damages, whichever is greater.
(2) The action authorized by this section shall be filed within
one year of the filing of a grievance.
(3) No action shall be filed unless, within 180 days of the
alleged discrimination, a grievance has been filed with the
school district board, public charter school governing body,
community college board of education { + , Portland State
University Board of Directors, University of Oregon Board of
Directors + } or State Board of Higher Education.
(4) No action may be filed until 90 days after filing a
grievance unless only injunctive relief is sought pursuant to
ORCP 79. The right to temporary or preliminary injunctive relief
shall be independent of the right to pursue any administrative
remedy available to complainants pursuant to ORS 659.850.
(5) No action may be filed if the school district board, public
charter school governing body, community college board of
education { + , Portland State University Board of Directors,
University of Oregon Board of Directors + } or State Board of
Higher Education has obtained a conciliation agreement with the
person filing the grievance or if a final determination of a
grievance has been made except as provided in ORS 183.480.
(6) Notwithstanding the filing of a grievance, pursuant to
subsection (3) of this section, any person seeking to maintain an
action under this section shall also file a notice of claim
within 180 days of the alleged discrimination as required by ORS
30.275.
(7) The court shall award reasonable attorney fees to a
prevailing plaintiff in any action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court.
(8) Nothing in this section is intended to reduce the
obligations of the education agencies under this section and ORS
659.850 and 659.855.
SECTION 263. ORS 660.315 is amended to read:
660.315. (1) The Governor shall designate regional workforce
committees to advise the Governor, local workforce investment
boards that represent federally recognized workforce areas
containing multiple regions, and county elected officials on
regional and local needs for workforce development. The
committees shall also prepare plans for achieving regional goals
and coordinate the provision of services within regions. The
committees shall have private and public sector members. However,
a majority of the members of each committee shall represent the
private sector and include business and labor representatives.
The chairperson of each committee shall be a private sector
member and be elected by the committee.
(2) The private sector committee members shall play a critical
role in workforce development, including but not limited to:
(a) Identifying current and future workforce needs;
(b) Providing feedback on public sector programs;
(c) Assisting public agencies in changing programs to be more
effective in meeting private sector needs; and
(d) Being a partner in addressing workforce needs.
(3) Private sector members of a committee created under this
section shall be appointed by county commissioners and, in the
region that includes the City of Portland, the Mayor of Portland.
The members of the committee shall reflect the broadest feasible
representation from the groups described in ORS 660.312 (4)(a) to
(h).
(4) The public sector representatives on the committee are
representatives who receive resources and deliver education and
workforce programs within the labor market area. Public sector
members shall include the broadest feasible representation from,
but not be limited to, the following:
(a) The Department of Human Services;
(b) School districts, education service districts, community
colleges, public universities listed in ORS 352.002 { + ,
Portland State University, University of Oregon + } and Oregon
Health and Science University;
(c) The Oregon Business Development Department and local
economic development entities;
(d) The Employment Department;
(e) The federal Act programs; and
(f) Other public sector partners.
(5) A region may recommend to the Governor an alternate
structure for its regional committee, based on regional
determination and mutually agreed to by the current public and
private sector members of the regional workforce committee and
the chief elected officials. The alternate structure must retain
a private sector chairperson, appointments of the private sector
members as provided in subsection (3) of this section, and
substantive public and private sector and other stakeholder
participation through formalized methods, such as standing
committees.
(6) A regional workforce committee shall develop and implement
a strategic regional workforce plan that responds to the current
and future workforce needs of the regional labor market.
(7) The strategic regional workforce plan shall:
(a) Consider the supply and demand outlook for the region;
(b) Identify and prioritize initiatives and resources, both
public and private, to meet the regional workforce needs;
(c) Articulate and include the coordination of both public and
private resources in addressing the workforce needs and goals;
and
(d) Ensure the most appropriate use of resource investments.
(8) The regional workforce committee shall create or enhance
the workforce program delivery system to meet the strategic
priorities of the region and any strategic priorities of a
federally recognized workforce area that includes that region.
(9) Within each region, or within overlapping regions, regional
workforce committees, local workforce investment boards and
regional investment boards shall coordinate their planning
efforts to ensure that the strategic efforts and resource
allocation of economic and workforce development of an area are
consistent. Regional workforce committees and regional investment
boards will extend opportunities to other entities engaged in
economic and workforce development programs and services to
participate in their joint or integrated strategic planning.
(10)(a) A local workforce investment board that represents a
multiregional workforce area shall hold regional workforce
committees in the area accountable for any policy and operational
responsibilities under 2832(d) of the federal Act that is
delegated to the committees in accordance with state policy and
local workforce investment board policy.
(b) A regional workforce committee within a multiregional
workforce area is accountable to the local workforce investment
board for any policy and operational responsibilities carried out
under the federal Act on behalf of the board.
(c) As it relates to regional responsibilities under this
section, a regional workforce committee may, through a vote of
the committee, determine the methodology for delegating the
responsibilities of the regional workforce committee to a local
workforce investment board representing the multiregional
workforce area.
SECTION 264. ORS 660.358 is amended to read:
660.358. (1) The State Workforce Investment Board, in
consultation with the Governor, the Education and Workforce
Policy Advisor and other parties deemed appropriate by the board
and after consideration of the clean energy and energy efficiency
policies of this state, shall develop a plan for a green jobs
growth initiative to promote the development of emerging
technologies and innovations that lead to, create or sustain
family wage green jobs.
(2) The plan for the initiative developed by the board shall:
(a) Identify industries that are high demand green industries
based on current and projected creation of family wage green jobs
and the potential for career pathways created for such jobs.
(b) Use the needs of identified high demand green industries as
the basis for the planning of workforce development activities
that promote the development of emerging green technologies and
innovations. These activities include, but are not limited to,
such efforts undertaken by community colleges, the public
universities of the Oregon University System, { + Portland State
University, the University of Oregon, + } designated signature
research centers, registered apprenticeship programs and other
private sector training programs.
(c) Leverage and align existing public workforce development
programs and other public and private resources to the goal of
recruiting, supporting, educating and training of targeted
populations of workers.
(d) Require the board to work collaboratively with stakeholders
from business, labor and low income advocacy groups in the
regional economy to develop and implement the initiative.
(e) Link adult basic and remedial education programs with job
training for skills necessary for green jobs.
(f) Require the board to collaborate with employers and labor
organizations to identify skills and competencies necessary for
green job career pathways.
(g) Ensure that support services are integrated with education
and training for green jobs and that such services are provided
by organizations with direct access to and experience with
targeted populations.
(h) Include an analysis of occupations in the forest products
industry to:
(A) Determine key growth factors and employment projections for
green jobs in the forest products industry; and
(B) Define the educational and skill standards required for
current and emerging green occupations in the forest products
industry.
(3) Based on the analysis conducted under subsection (2)(h) of
this section, the State Workforce Investment Board, in
consultation with the Education and Workforce Policy Advisor,
shall identify those forest products industries to be classified
as high-demand green industries, taking into consideration
current and future job creation and the strategic importance of
the development of high-demand green forest products industry
jobs to the development and growth of the state's green economy.
(4) As used in this section, 'forest products industry '
includes, but is not limited to, businesses that grow, manage,
harvest, transport or process forest, wood and paper products.
SECTION 265. ORS 679.020 is amended to read:
679.020. (1) A person may not practice dentistry without a
license.
(2) Only a person licensed as a dentist by the Oregon Board of
Dentistry may own, operate, conduct or maintain a dental
practice, office or clinic in this state.
(3) The restrictions of subsection (2) of this section, as they
relate to owning and operating a dental office or clinic, do not
apply to a dental office or clinic owned or operated by any of
the following:
(a) A labor organization as defined in ORS 243.650 and 663.005
(6), or to any nonprofit organization formed by or on behalf of
such labor organization for the purpose of providing dental
services. Such labor organization must have had an active
existence for at least three years, have a constitution and
bylaws, and be maintained in good faith for purposes other than
providing dental services.
(b) The School of Dentistry of the Oregon Health and Science
University.
(c) Public universities listed in ORS 352.002 { + , Portland
State University or the University of Oregon + }.
(d) Local governments.
(e) Institutions or programs accredited by the Commission on
Dental Accreditation of the American Dental Association to
provide education and training.
(f) Nonprofit corporations organized under Oregon law to
provide dental services to rural areas and medically underserved
populations of migrant, rural community or homeless individuals
under 42 U.S.C. 254b or 254c or health centers qualified under 42
U.S.C. 1396d(l)(2)(B) operating in compliance with other
applicable state and federal law.
(g) Nonprofit charitable corporations as described in section
501(c)(3) of the Internal Revenue Code and determined by the
Oregon Board of Dentistry as providing dental services by
volunteer licensed dentists to populations with limited access to
dental care at no charge or a substantially reduced charge.
(4) For the purpose of owning or operating a dental office or
clinic, an entity described in subsection (3) of this section
must:
(a) Name an actively licensed dentist as its dental director,
who shall be subject to the provisions of ORS 679.140 in the
capacity as dental director. The dental director, or an actively
licensed dentist designated by the director, shall have
responsibility for the clinical practice of dentistry, which
includes, but is not limited to:
(A) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(B) Prescribing drugs that are administered to patients in the
practice of dentistry.
(C) The treatment plan of any dental patient.
(D) Overall quality of patient care that is rendered or
performed in the practice of dentistry.
(E) Supervision of dental hygienists, dental assistants or
other personnel involved in direct patient care and the
authorization for procedures performed by them in accordance with
the standards of supervision established by statute or by the
rules of the board.
(F) Other specific services within the scope of clinical dental
practice.
(G) Retention of patient dental records as required by statute
or by rule of the board.
(H) Ensuring that each patient receiving services from the
dental office or clinic has a dentist of record.
(b) Maintain current records of the names of licensed dentists
who supervise the clinical activities of dental hygienists,
dental assistants or other personnel involved in direct patient
care utilized by the entity. The records must be available to the
board upon written request.
(5) Subsections (1) and (2) of this section do not apply to an
expanded practice dental hygienist who renders services
authorized by a permit issued by the board pursuant to ORS
680.200.
(6) Nothing in this chapter precludes a person or entity not
licensed by the board from:
(a) Ownership or leasehold of any tangible or intangible assets
used in a dental office or clinic. These assets include real
property, furnishings, equipment and inventory but do not include
dental records of patients related to clinical care.
(b) Employing or contracting for the services of personnel
other than licensed dentists.
(c) Management of the business aspects of a dental office or
clinic that do not include the clinical practice of dentistry.
(7) If all of the ownership interests of a dentist or dentists
in a dental office or clinic are held by an administrator,
executor, personal representative, guardian, conservator or
receiver of the estate of a former shareholder, member or
partner, the administrator, executor, personal representative,
guardian, conservator or receiver may retain the ownership
interest for a period of 12 months following the creation of the
ownership interest. The board shall extend the ownership period
for an additional 12 months upon 30 days' notice and may grant
additional extensions upon reasonable request.
SECTION 266. ORS 696.182 is amended to read:
696.182. (1) The Real Estate Agency, with advice from real
estate professionals and educators, shall prescribe rules for
certifying real estate continuing education providers.
(2) The agency shall include in the rules that an applicant for
certification under this section must be:
(a) A main or branch office, with a registered business name as
provided under ORS 696.026, of a licensed real estate property
manager or principal real estate broker;
(b) A licensed title or escrow company conducting business in
this state;
(c) A real estate trade association or a trade association in a
related field;
(d) A real estate multiple listing service;
(e) An attorney admitted to practice in this state;
(f) A private career school licensed by the Department of
Education and approved by the agency to provide the basic real
estate broker's or property manager's educational courses
required under ORS 696.022;
(g) An accredited community college, an accredited public
university listed in ORS 352.002 { + , Portland State University,
the University of Oregon + } or a private and independent
institution of higher education as defined in ORS 352.720;
(h) A distance learning provider as provided by rule of the
agency; or
(i) Another provider approved by the Real Estate Board.
(3) The Real Estate Agency may provide continuing education
without being certified under this section.
(4) The agency, in consultation with real estate professionals
and educators, shall provide by rule:
(a) A broad list of course topics that are eligible for
continuing education credit required by ORS 696.174; and
(b) Learning objectives for each course topic.
(5) The list of course topics developed by the agency under
subsection (4) of this section must allow for changes in the real
estate profession.
(6) The minimum length of each course is one hour. A continuing
education provider or course instructor may allow a break of no
more than 10 minutes for each hour of instruction.
SECTION 267. ORS 743.550 is amended to read:
743.550. (1) Student health insurance is subject to ORS
743.537, 743.540, 743.543, 743.546 and 743.549, except as
provided in this section.
(2) Coverage under a student health insurance policy may be
mandatory for all students at the institution, voluntary for all
students at the institution, or mandatory for defined classes of
students and voluntary for other classes of students. As used in
this subsection, 'classes' refers to undergraduates, graduate
students, domestic students, international students or other like
classifications. Any differences based on a student's nationality
may be established only for the purpose of complying with federal
law in effect when the policy is issued.
(3) When coverage under a student health insurance policy is
mandatory, the policyholder may allow any student subject to the
policy to decline coverage if the student provides evidence
acceptable to the policyholder that the student has similar
health coverage.
(4) A student health insurance policy may provide for any
student to purchase optional supplemental coverage.
(5) Student health insurance coverage for athletic injuries
may:
(a) Exclude coverage for injuries of students who have not
obtained medical release for a similar injury; and
(b) Be provided in excess of or in addition to any other
coverage under any other health insurance policy, including a
student health insurance policy.
(6) A student health insurance policy may provide that coverage
under the policy is secondary to any other health insurance for
purposes of guidelines established under ORS 743.552.
(7) A student health insurance policy may provide, on request
by the policyholder, that all or any portion of any indemnities
provided by such policy on account of hospital, nursing, medical
or surgical services may, at the insurer's option, be paid
directly to the hospital or person rendering such services.
However, the amount of any such payment shall not exceed the
amount of benefit provided by the policy with respect to the
service or billing of the provider of aid. The amount of such
payments pursuant to one or more assignments shall not exceed the
amount of expenses incurred on account of such hospitalization or
medical or surgical aid.
(8) An insurer providing student health insurance as primary
coverage may negotiate and enter into contracts for alternative
rates of payment with providers and offer the benefit of such
alternative rates to insureds who select such providers. An
insurer may utilize such contracts by offering a choice of plans
at the time an insured enrolls, one of which provides benefits
only for services by members of a particular provider
organization with whom the insurer has an agreement. If an
insured chooses such a plan, benefits are payable only for
services rendered by a member of that provider organization,
unless such services were requested by a member of such
organization or are rendered as the result of an emergency.
(9) Payments made under subsection (8) of this section shall
discharge the insurer's obligation with respect to the amount of
insurance paid.
(10) An insurer shall provide each student health insurance
policyholder with a current roster of institutional and
professional providers under contract to provide services at
alternative rates under the group policy and shall also make such
lists available for public inspection during regular business
hours at the insurer's principal office within this state.
(11) As used in this section, 'student health insurance ' means
that form of health insurance under a policy issued to a college,
school or other institution of learning, a school district or
districts, or school jurisdictional unit, or recognized student
government at a public university listed in ORS 352.002 { + ,
Portland State University or the University of Oregon + }, or to
the head, principal or governing board of any such educational
unit, who or which shall be deemed the policyholder, that is
available exclusively to students at the college, school or other
institution.
SECTION 268. ORS 759.445 is amended to read:
759.445. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Connecting
Oregon Communities Fund. Moneys in the fund shall consist of
amounts deposited in the fund under ORS 759.405 and any other
moneys deposited by a telecommunications carrier that elects to
be subject to ORS 759.405 and 759.410, including amounts
deposited pursuant to a performance assurance plan implemented by
a telecommunications carrier in connection with an application
under 47 U.S.C. 271, as in effect on January 1, 2002. Interest
earned on moneys in the fund shall accrue to the fund. Moneys in
the fund may be invested as provided in ORS 293.701 to 293.820.
Moneys in the fund shall be used to provide access to advanced
telecommunications technology in elementary schools and high
schools, colleges and universities, community colleges, public
television corporations, rural health care providers, public
libraries and other eligible persons.
(2) Two dedicated accounts shall be established within the
Connecting Oregon Communities Fund for purposes of supporting
education and public access to advanced telecommunications
services. The first $25 million of the moneys deposited in the
Connecting Oregon Communities Fund in both 2000 and 2001 shall be
appropriated to the School Technology Account established under
subsection (3) of this section. Except as provided in subsection
(8) of this section, any additional moneys available in the fund
shall be appropriated to the Public Access Account established
under subsection (4) of this section.
(3) There is established the School Technology Account within
the Connecting Oregon Communities Fund. The purpose of the School
Technology Account is to improve access to advanced
telecommunications services for students attending public school
in kindergarten through grade 12. Moneys in the account shall be
expended as provided in section 34, chapter 1093, Oregon Laws
1999.
(4)(a) There is established the Public Access Account within
the Connecting Oregon Communities Fund. The purpose of the Public
Access Account is to improve access to advanced
telecommunications services for community colleges, universities,
public libraries and rural health care providers.
(b) If funding has not been provided from other sources, the
first $3 million available in the Public Access Account shall be
transferred to the Oregon University System for the purpose of
funding the Oregon Wide Area Network project to provide and
expand Internet access for the Oregon University System. The
Oregon University System shall complete an audit of bandwidth
utilization and report to the Joint Legislative Committee on
Information Management and Technology during the Seventy-first
Legislative Assembly in the manner provided in ORS 192.245.
(c) Following the transfer of funds described in paragraph (b)
of this subsection, the next $1 million available in the Public
Access Account shall be transferred to the Oregon University
System for Oregon State University for the purpose of providing
virtual access to persons with disabilities.
(d) Following the transfer of funds as described in paragraphs
(b) and (c) of this subsection, the next $2 million available in
the Public Access Account shall be transferred to the Department
of Community Colleges and Workforce Development for distribution
to community colleges for the purpose of developing connectivity
and distance education programs.
(e) Following the transfer of funds described in paragraphs (b)
to (d) of this subsection, the next $4 million available in the
Public Access Account shall be transferred to the Oregon
University System for video transport and network management
services for the Oregon University System.
(f) Following the transfer of funds described in paragraphs (b)
to (e) of this subsection, the next $5.5 million available in the
Public Access Account shall be transferred to the Oregon Public
Broadcasting Corporation for the purpose of digitizing the state
television network, using the Oregon Enterprise Network when
possible.
(g) Following the transfer of funds described in paragraphs (b)
to (f) of this subsection, the next $500,000 available in the
Public Access Account shall be transferred to the Southern Oregon
Public Television Corporation for the purpose of digitizing the
state television network, using the Oregon Enterprise Network
when possible.
(h) Following the transfer of funds described in paragraphs (b)
to (g) of this subsection, a public university listed in ORS
352.002 { + , Portland State University, the University of
Oregon + } or the Oregon Health and Science University may apply
for one-time matching funds up to $1 million from the Public
Access Account to endow a telecommunications chair for the
purpose of increasing research and development of advanced
telecommunications services applications. Only one chair may be
endowed under this paragraph.
(5)(a) The Oregon Business Development Commission shall approve
expenditure of any remaining moneys in the Public Access Account
consistent with this section and ORS 759.430.
(b) Community colleges, public universities listed in ORS
352.002 { + , Portland State University, the University of
Oregon + }, public libraries, public television corporations and
rural health care providers may apply to the Oregon Business
Development Commission for funding from the Public Access Account
under this subsection.
(c) Funds received from the account shall be used for the
purchase of advanced telecommunications services, equipment or
recurring costs of telecommunications connectivity. Priority
shall be given to collaborative projects that improve access to
advanced telecommunications services.
(d) Funds available in the Public Access Account under this
subsection are continuously appropriated to the Oregon Business
Development Department for the purposes described in this
subsection.
(6) Public libraries and rural health care providers must apply
for federal universal service support in order to be eligible for
a grant from the Public Access Account.
(7) The video transport and network management services
purchased with funds made available under this section shall be
purchased through the Oregon Department of Administrative
Services.
(8) Any moneys deposited in the Connecting Oregon Communities
Fund under subsection (1) of this section pursuant to a
performance assurance plan implemented by a telecommunications
carrier in connection with an application under 47 U.S.C. 271, as
in effect on January 1, 2002, shall be placed in the School
Technology Account to be expended as provided in section 34,
chapter 1093, Oregon Laws 1999.
SECTION 269. ORS 815.080 is amended to read:
815.080. (1) A person commits the offense of providing a safety
belt, harness equipment or a child safety system that does not
comply with standards if the person does any of the following:
(a) Sells or offers for sale a new motor vehicle that is not
equipped with safety belts, safety harnesses or child safety
systems that comply with and are installed in compliance with the
rules adopted by the Department of Transportation under ORS
815.055. This paragraph applies only to motor vehicles that are
primarily designed for transportation of individuals and that
have seating for one or more passengers side-by-side with the
operator. This paragraph requires only that the vehicle be
equipped with one seat belt or harness for the operator and one
for at least one of the passengers seated beside the operator.
(b) Sells or offers for sale any safety belt, safety harness,
child safety system, anchor or other device for attaching or
securing safety belts, safety harnesses or child safety system if
the belt, harness, child safety system, anchor or device does not
comply with the rules adopted by the department under ORS
815.055. This paragraph applies only to belts, harnesses, child
safety systems, anchors or devices for use or installation on a
vehicle that is primarily designed for transportation of
individuals.
(c) Sells or offers for sale any safety belt, safety harness,
child safety system, anchor or other device for attaching or
securing safety belts, safety harnesses or child safety systems
if the belt, harness, child safety system, anchor or device is
not marked as required under federal safety standards and if the
mark is not legible when the belt, harness, child safety system,
anchor or other device is used or installed on a vehicle. This
paragraph applies only to belts, harnesses, child safety systems,
anchors or devices for use or installation on a vehicle that is
primarily designed for transportation of individuals.
(d) Installs any safety belt, safety harness, child safety
system, anchor or other device for attaching or securing safety
belts, safety harnesses or child safety systems on a vehicle that
is primarily designed for the transportation of individuals
except in compliance with rules adopted by the department under
ORS 815.055.
(2) This section does not apply to school buses or school
activity vehicles that are subject to equipment standards adopted
by the State Board of Education { + , Portland State University,
the University of Oregon + } or the State Board of Higher
Education under ORS 820.100.
(3) The offense described in this section, providing a safety
belt, harness equipment or a child safety system that does not
comply with standards, is a Class C traffic violation.
SECTION 270. ORS 820.100 is amended to read:
820.100. (1) The State Board of Education shall adopt and
enforce such reasonable standards relating to school bus and
school activity vehicle construction and school bus and school
activity vehicle equipment as the board deems necessary for safe
and economical operation, except that the board may not authorize
the use of school buses manufactured before April 1, 1977.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for
school buses and school activity vehicles that are under the
board's jurisdiction, except that the board may not authorize the
use of school buses manufactured before April 1, 1977.
{ + (3) The University of Oregon Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under the board's jurisdiction, except that the board may not
authorize the use of school buses manufactured before April 1,
1977.
(4) The Portland State University Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under the board's jurisdiction, except that the board may not
authorize the use of school buses manufactured before April 1,
1977. + }
{ - (3) - } { + (5) + } The State Board of Education shall
adopt and enforce standards for school bus stop arms authorized
by ORS 820.105.
{ - (4) - } { + (6) + } Rules adopted under this section:
(a) Must be consistent with requirements established by statute
or by rule adopted under statutory authority that relate to the
same subject.
(b) Shall be consistent with minimum uniform national
standards, if such standards exist.
(c) May include different requirements for different classes or
types of school buses or school activity vehicles.
(d) May include any exemptions determined appropriate under ORS
820.150.
SECTION 271. ORS 820.110 is amended to read:
820.110. (1) The State Board of Education shall adopt and
enforce rules to establish requirements of operation,
qualifications or special training of drivers and special
accident reports for school buses and school activity vehicles.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for
school buses and school activity vehicles that are under its
jurisdiction.
{ + (3) The University of Oregon Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under its jurisdiction.
(4) The Portland State University Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under its jurisdiction. + }
{ - (3) - } { + (5) + } The rules adopted under this
section:
(a) Are subject to ORS 820.190 and 820.200 and to any other
statute or regulation relating to the operation of vehicles,
qualifications of drivers and accident reports.
(b) Must be consistent with requirements established by statute
or by rule adopted under statutory authority that relate to the
same subject.
(c) May include different requirements for different classes or
types of school buses or school activity vehicles.
(d) May include any exemptions determined appropriate under ORS
820.150.
{ - (4) - } { + (6) + } If the Department of Transportation
suspends, cancels or revokes any driving privileges of a person
who holds a school bus endorsement under ORS 807.035 (5), the
Department of Transportation shall notify the Department of
Education of the suspension, cancellation or revocation.
SECTION 272. ORS 820.120 is amended to read:
820.120. (1) The State Board of Education shall adopt and
enforce rules to provide for the inspection of school buses and
school activity vehicles to assure that the vehicles are in
compliance with requirements under rules established under ORS
820.100 and 820.110, as applicable, and that the vehicles are
safe for operation. The rules may include intervals of
inspections.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for
school buses and school activity vehicles that are under its
jurisdiction.
{ + (3) The University of Oregon Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under its jurisdiction.
(4) The Portland State University Board of Directors may adopt
and enforce separate rules of the type described under this
section for school buses and school activity vehicles that are
under its jurisdiction. + }
{ - (3) - } { + (5) + } The rules adopted under this
section:
(a) Are subject to any other statute or regulation relating to
the safety of vehicles for operation and the inspection of
vehicles.
(b) May include different requirements for different classes or
types of school buses or school activity vehicles.
(c) May include any exemptions determined appropriate under ORS
820.150.
SECTION 273. ORS 820.130 is amended to read:
820.130. The Department of Transportation shall issue
registration for a school bus when notified that the vehicle
conforms to applicable rules under ORS 820.100 to 820.120 and
that the vehicle is safe for operation on the highways.
Notification required by this section shall be from:
(1) The State Board of Education or its authorized
representative regarding vehicles under its regulatory authority.
(2) The State Board of Higher Education or its authorized
representative regarding vehicles under its jurisdiction.
{ + (3) The University of Oregon Board of Directors or its
authorized representative regarding vehicles under its
jurisdiction.
(4) The Portland State University Board of Directors or its
authorized representative regarding vehicles under its
jurisdiction. + }
SECTION 274. ORS 820.150 is amended to read:
820.150. (1) The State Board of Education, by rule, may
establish classes or types of vehicles that are not considered
school buses or school activity vehicles for purposes of the
Oregon Vehicle Code or classes of school buses or school activity
vehicles that are not subject to regulation under the Oregon
Vehicle Code either partially or completely.
(2) The State Board of Higher Education may adopt separate
rules of the type described under this section for vehicles that
are under its jurisdiction.
{ + (3) The University of Oregon Board of Directors may adopt
separate rules of the type described under this section for
vehicles that are under its jurisdiction.
(4) The Portland State University Board of Directors may adopt
separate rules of the type described under this section for
vehicles that are under its jurisdiction. + }
{ - (3) - } { + (5) + } Rules adopted under this section
are subject to the following:
(a) Any exemption, either partial or total, established under
this section may be based upon passenger capacity, on limited use
or on any other basis the State Board of Education { + , + }
{ - or - } the State Board of Higher Education { + , the
Portland State University Board of Directors or the University of
Oregon Board of Directors + } considers appropriate.
(b) No exemption, either partial or total, shall be established
under this section for any vehicle that is marked with or
displays the words 'school bus. '
(c) Any vehicle determined not to be a school bus under this
section is not a school bus within the definition established
under ORS 801.460. Partial exemptions established for vehicles
under this section may include removal of the vehicle from any
provisions relating to school buses under the vehicle code.
(d) Any vehicle determined not to be a school activity vehicle
under this section is not a school activity vehicle within the
definition established under ORS 801.455. Partial exemptions
established for vehicles under this section may include removal
of the vehicle from any provisions relating to school activity
vehicles under the vehicle code.
(e) In considering any rules under this section, the boards
shall consider the need to assure student safety.
SECTION 275. Section 14, chapter 761, Oregon Laws 2007, as
amended by section 94, chapter 762, Oregon Laws 2009, and section
33, chapter 2, Oregon Laws 2011, is amended to read:
{ + 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 - } { +
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
{ - Oregon University System - } { + University of Oregon + }
and may be transferred to the account designated by { - ORS
351.626 - } { + the university + } for the Interactive Science
Complex, Phase 2 project described in subsection (1) of this
section.
SECTION 276. Section 13, chapter 761, Oregon Laws 2007, as
amended by section 5, chapter 2, Oregon Laws 2009, section 93,
chapter 762, Oregon Laws 2009, and section 32, chapter 2, Oregon
Laws 2011, is amended to read:
{ + 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 - } { +
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
{ - the Oregon University System - } { + Portland State
University + } and may be transferred to the account designated
by { - ORS 351.626 - } { + the university + } for the center
and facility project described in subsection (1) of this section.
SECTION 277. Section 15, chapter 761, Oregon Laws 2007, as
amended by section 95, chapter 762, Oregon Laws 2009, and section
34, chapter 2, Oregon Laws 2011, is amended to read:
{ + 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 - } { + 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
{ - Oregon University System - } { + University of Oregon + }
and may be transferred to the account designated by { - ORS
351.626 - } { + the university + } for the purposes described
in subsection (1) of this section.
SECTION 278. Section 17, chapter 761, Oregon Laws 2007, as
amended by section 97, chapter 762, Oregon Laws 2009, and section
36, chapter 2, Oregon Laws 2011, is amended to read:
{ + 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 - } { + 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
{ - the Oregon University System - } { + Portland State
University + } and may be transferred to the account designated
by { - ORS 351.626 - } { + the university + } for the project
described in subsection (1) of this section.
SECTION 279. Section 22, chapter 904, Oregon Laws 2009, as
amended by section 50, chapter 2, Oregon Laws 2011, and section
46, chapter 9, Oregon Laws 2011, is amended to read:
{ + 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 - } { + 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
{ - the Oregon University System - } { + Portland State
University + } and may be transferred to the account designated
by { - ORS 351.626 - } { + the university + } for the
facility project described in subsection (1) of this section.
SECTION 280. Section 24, chapter 904, Oregon Laws 2009, as
amended by section 52, chapter 2, Oregon Laws 2011, and section
48, chapter 9, Oregon Laws 2011, is amended to read:
{ + 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 - } { + 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
{ - Oregon University System - } { + University of Oregon + }
and may be transferred to the account designated by { - ORS
351.626 - } { + the university + } for the facility project
described in subsection (1) of this section.
SECTION 281. Section 3, chapter 797, Oregon Laws 2001, is
amended to read:
{ + Sec. 3. + } Subject to available funding, if a building
evaluated under section 2 (4) { + , chapter 797, Oregon Laws
2001, + } { - of this 2001 Act - } is found by a board to pose
an undue risk to life safety during a seismic event, the State
Board of Higher Education, { + Portland State University Board
of Directors, University of Oregon Board of Directors, + } local
school district board, community college board or education
service district board, as appropriate, shall develop a plan for
seismic rehabilitation of the building or for other actions to
reduce the risk. For a board that is subject to ORS 291.224, the
board's plan to rehabilitate or take other action to reduce the
seismic risk of a building must be included in the capital
construction program of the board. A board that is subject to ORS
291.224 shall rank the relative benefit of projects to reduce
seismic risk in comparison with other life safety and code
requirement projects. Subject to availability of funding, all
seismic rehabilitations or other actions to reduce seismic risk
must be completed before January 1, 2032. If the building is
listed on a national or state register of historic places or
properties or is designated as a landmark by local ordinance, the
plan for seismic rehabilitation or other action shall be
developed in a manner that gives consideration to preserving the
character of the building.
SECTION 282. ORS 182.415 is amended to read:
182.415. As used in ORS 182.415 to 182.435 unless the context
requires otherwise:
(1) 'Furnishings' includes furniture usually used in connection
with occupancy of a household but does not include rugs,
draperies, ranges, refrigerators, washers, dryers or any item of
furnishings received by the state or one of its agencies as a
gift, nor does it include any furniture purchased for the
state-owned residence required in relation to the official duties
of an institutional executive or the Chancellor of the Oregon
University System prior to September 9, 1971.
(2) 'Housing' includes single and multiple family dwellings,
apartments, and manufactured dwellings and manufactured dwelling
pads, available on a monthly tenancy but does not include guard
stations maintained by the State Forestry Department or dormitory
facilities at any state institution or at any public university
listed in ORS 352.002 { + , Portland State University or the
University of Oregon + }.
(3) 'Dormitory' includes any facility that houses students and
those facilities used primarily for sleeping purposes by the
employees of the Department of Human Services or the Oregon
Health Authority.
(4) 'State agency' has the meaning given that term in ORS
291.002.
SECTION 283. ORS 205.455 is amended to read:
205.455. (1) No person or county shall accept for filing an
invalid claim of encumbrance.
(2) No person or county shall accept for filing a claim of
encumbrance against the property of a federal official or
employee or a state or local official or employee based on the
performance or nonperformance of the official duties of the
official or employee unless accompanied by an order from a court
of competent jurisdiction authorizing the filing of the
encumbrance.
(3) A claim of encumbrance against the property of a federal
official or employee or a state or local official or employee
based on the performance or nonperformance of the official duties
of the official or employee that is not accompanied by an order
from a court of competent jurisdiction is an invalid claim of
encumbrance and has no legal effect.
(4) If an invalid claim of encumbrance against the property of
a federal official or employee or against the property of a state
or local official or employee is accepted for filing, the filing
officer shall accept for filing a notice of invalid encumbrance
signed and submitted by:
(a) The assistant United States attorney representing the
federal agency of which the individual is an official or
employee;
(b) The assistant attorney general representing the state
official, employee or agent, or the state agency, board,
commission, department or public university { + , including
public universities + } listed in ORS 352.002 { + , Portland
State University and the University of Oregon, + } of which the
individual is an official, employee or agent; or
(c) The attorney representing the community college or local
school district, political subdivision or public corporation of
which the individual is an official, employee or agent.
(5) A notice of invalid encumbrance shall be in substantially
the following form:
_________________________________________________________________
NOTICE OF INVALID ENCUMBRANCE
FILED AGAINST
______
(Insert name)
(ORS 205.455)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
IS A ______
(Name) (Title)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
NOTICE is hereby given that the document entitled ______,
purporting to create an obligation against or an interest in the
real or personal property of the person named above, filed and/or
signed by ______ (insert name), and filed or recorded in
book/reel/volume No. ___ on page ___ or document/fee/file/
instrument/microfilm No. ___ in the ______ (insert name of office
where document was filed or recorded), is an invalid claim of
encumbrance under ORS 205.450 and 205.455.
No order from a court of competent jurisdiction authorizing the
filing of such encumbrance accompanied the filing and, pursuant
to ORS 205.455, the encumbrance has no legal effect and is
invalid.
A copy of this Notice of Invalid Encumbrance has been mailed
this day by depositing a true copy of the notice in the United
States mail, addressed to ______ (name and address of encumbrance
claimant), the last-known address of ______ (insert name of
encumbrance claimant).
DATED this __ day of ____, __.
_______________
Attorney for ______
SUBSCRIBED AND SWORN to before me this __ day of ______, __.
_______________ .
NOTARY PUBLIC FOR OREGON
My commission expires: ____
_________________________________________________________________
(6) A copy of the notice of invalid encumbrance filed under
this section shall be posted at the county courthouse and mailed
by the attorney to the encumbrance claimant at the encumbrance
claimant's last-known address, if available.
(7) No person or county shall be liable under this section for
accepting for filing an invalid claim of encumbrance or for
accepting for filing a notice of invalid encumbrance.
(8) Filing a notice of invalid encumbrance under this section
shall clear title to all property that is affected by the claim
of encumbrance that is the subject of the notice of invalid
encumbrance from all claims, liens, charges or liabilities
attached to the property under the claim of encumbrance.
SECTION 284. ORS 310.155 is amended to read:
310.155. (1) For purposes of ORS 310.150, taxes are levied or
imposed to fund the public school system if the taxes will be
used exclusively for educational services, including support
services, provided by any unit of government, at any level from
prekindergarten through post-graduate training.
(2) Taxes on property levied or imposed by a unit of government
whose principal function is to provide educational services shall
be considered to be dedicated to fund the public school system
unless the sole purpose of a particular, voter approved levy is
for other than educational services or support services as
defined in this section.
(3) Taxes on property levied or imposed by a unit of government
whose principal function is to perform government operations
other than educational services shall be considered to be
dedicated to fund the public school system only if the sole
purpose of a particular, voter approved levy is for educational
services or support services as defined in this section.
(4) As used in this section, 'educational services ' includes:
(a) Establishment and maintenance of preschools, kindergartens,
elementary schools, high schools, community colleges { + , + }
{ - and the - } public universities listed in ORS 352.002 { + ,
Portland State University and the University of Oregon + }.
(b) Establishment and maintenance of career schools, adult
education programs, evening school programs and schools or
facilities for persons with physical, mental or emotional
disabilities.
(5) As used in this section, 'support services' includes
clerical, administrative, professional and managerial services,
property maintenance, transportation, counseling, training and
other services customarily performed in connection with the
delivery of educational services.
(6) 'Educational services' does not include community
recreation programs, civic activities, public libraries, programs
for custody or care of children or community welfare activities
if those programs or activities are provided to the general
public and not for the benefit of students or other participants
in the programs and activities described in subsection (4) of
this section.
SECTION 285. ORS 338.005 is amended to read:
338.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Applicant' means any person or group that develops and
submits a written proposal for a public charter school to a
sponsor.
(2) 'Institution of higher education' means a community college
operated under ORS chapter 341, { - an institution of higher
education - } { + a public university + } listed in ORS
352.002 { + , Portland State University, the University of
Oregon + } or the Oregon Health and Science University.
(3) 'Public charter school' means an elementary or secondary
school offering a comprehensive instructional program operating
under a written agreement entered into between a sponsor and an
applicant and operating pursuant to this chapter.
(4) 'Remote and necessary school district' means a school
district that offers kindergarten through grade 12 and has:
(a) An average daily membership (ADM), as defined in ORS
327.006, in the prior fiscal year of less than 110; and
(b) A school that is located, by the nearest traveled road,
more than 20 miles from the nearest school or from a city with a
population of more than 5,000.
(5) 'Sponsor' means:
(a) The board of the common school district or the union high
school district in which the public charter school is located
that has developed a written charter with an applicant to create
a public charter school.
(b) The State Board of Education pursuant to ORS 338.075.
(c) An institution of higher education pursuant to ORS 338.075.
(6)(a) 'Virtual public charter school' means a public charter
school that provides online courses.
(b) 'Virtual public charter school' does not include a public
charter school that primarily serves students in a physical
location.
{ +
REPEALS + }
SECTION 286. { + ORS 352.035 and section 10, chapter 519,
Oregon Laws 2011, are repealed. + }
{ +
RECLASSIFICATION OF EXISTING ORS SECTIONS + }
SECTION 287. { + ORS 351.517, 351.518, 351.519, 351.521,
351.538, 351.539, 352.043, 352.045, 352.046, 352.048, 352.049,
352.051, 352.052 and 352.053 are added to and made a part of
sections 1 to 52 of this 2012 Act. + }
SECTION 288. { + ORS 351.509, 351.511, 352.063, 352.066,
352.067, 352.068, 352.071 and 352.074 are added to and made a
part of sections 65 to 114 of this 2012 Act. + }
{ +
CAPTIONS + }
SECTION 289. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
{ +
OPERATIVE DATE AND TRANSITIONAL PROVISIONS + }
SECTION 290. { + Sections 1 to 127 of this 2012 Act, the
amendments to statutes by sections 128 to 285 of this 2012 Act
and the repeal of statutes by section 286 of this 2012 Act become
operative on July 1, 2012. + }
SECTION 291. { + The State Board of Higher Education shall
continue to have jurisdiction over the operations of the
University of Oregon and Portland State University for the
2012-2013 academic year. However, the University of Oregon Board
of Directors and the Portland State University Board of Directors
shall propose funding requests pursuant to sections 18 and 81 of
this 2012 Act and shall prepare budgets, in cooperation with the
State Board of Higher Education, for the biennium beginning July
1, 2013. The presidents of the University of Oregon and Portland
State University shall assume responsibilities for administration
of the respective universities under the provisions of this 2012
Act on July 1, 2013. + }
SECTION 292. { + For the biennium beginning July 1, 2013, the
funding requests required to be submitted by the University of
Oregon and Portland State University under sections 18 and 81 of
this 2012 Act shall be submitted to the Oregon Department of
Administrative Services prior to November 1, 2012. + }
SECTION 293. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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