The Legislative Assembly finds that:
(1) For its political well-being, Oregon needs wise and effective
leadership and an informed citizenry.
(2) For its economic well-being, Oregon needs able and imaginative
men and women for the direction and operation of all its institutions,
for the production of goods and services and for the management of its
fiscal affairs. Oregon also needs alert and informed consumers.
(3) For its cultural advancement, Oregon needs creative talent as
well as appreciative and discriminating readers, viewers and listeners.
Oregon also needs people who understand the diverse patterns of behavior,
communication and belief that make up the common cultures of the various
communities in which we all must function.
(4) For its survival, Oregon needs citizens who understand the
interdependence of human beings and our shared dependence on the
resources provided by our natural environment.
(5) Oregon needs people who, in the roles of parents and teachers
and in other capacities, are able to transmit the state’s and the
nation’s ideals and heritage to future generations.
(6) For their personal well-being, individual Oregonians need to
cultivate an advanced literacy essential to leading productive and
rewarding lives. This includes the capacity to think logically and
critically; to internalize and exemplify humane values; to write, speak
and figure clearly and accurately; to understand, in some depth, a
variety of psychological, historical, cultural, aesthetic and scientific
concepts and theories; and to master a range of occupational,
professional, avocational, social and personal skills. [1993 c.240 §1] In addition to making the findings
under ORS 351.001, the Legislative Assembly finds that:
(1) Oregonians need access to post-secondary education
opportunities throughout life in a variety of forms.
(2) To meet the societal and individual needs described under ORS
351.001, Oregonians have created and sustained, from territorial days to
the present, many and diverse institutions of higher education, both
independent and state-assisted.
(3) These institutions have developed the intellectual capacity of
Oregonians and have prepared thousands of them for productive and
fulfilling careers.
(4) These institutions provide educational access to all segments
of Oregon’s diverse population, including many students for whom higher
education creates the first opportunity for their entry into the
mainstream of society.
(5) These institutions provide research, both basic and applied,
that generates new knowledge and applies it to the development of new
products and processes essential for Oregon’s economic growth.
(6) These institutions provide public service activities that
engage the professional expertise of their faculties to solve social
problems.
(7) These institutions share with our communities many cultural
activities and services of immense importance to the quality of life
enjoyed by Oregonians.
(8) These institutions are expanding the times, places and formats
of course offerings.
(9) Oregonians’ diverse educational needs will be best met in an
environment in which public and independent schools are recognized as
critical for meeting those needs. [1993 c.240 §2; 2001 c.964 §1] Giving due
consideration to the historical and continuing interest of the people of
the State of Oregon in encouraging deserving and qualified citizens to
realize their aspirations for higher education, the Legislative Assembly
declares that higher education for residents of Oregon who desire it and
are qualified to benefit from it is critical to the welfare and security
of this state and this nation and consequently is an important public
purpose. [1993 c.240 §3] The
Legislative Assembly declares its intent to promote and enhance higher
education in a manner that:
(1) Enables citizens of all ages, backgrounds and levels of income
to participate in the search for knowledge and individual development.
(2) Stresses undergraduate teaching as a high priority.
(3) Provides for selected graduate and professional programs that
address state, national and global needs.
(4) Encourages high quality research and scholarship, both basic
and applied, by its faculty and students.
(5) Fosters diversity of educational opportunity.
(6) Promotes service to the public.
(7) Makes effective and efficient use of human, physical and
financial resources.
(8) Encourages cooperation with other educational institutions.
[1993 c.240 §4] The Legislative Assembly
declares that the mission of all higher education in Oregon is to:
(1) Enable students to extend prior educational experiences in
order to reach their full potential as participating and contributing
citizens by helping them develop scientific, professional and
technological expertise, together with heightened intellectual, cultural
and humane sensitivities and a sense of purpose.
(2) Create, collect, evaluate, store and pass on the body of
knowledge necessary to educate future generations.
(3) Provide appropriate instructional, research and public service
programs to enrich the cultural life of Oregon and to support and
maintain a healthy state economy. [1993 c.240 §5]DEPARTMENT OF HIGHER EDUCATION(State Board) The Department of Higher
Education shall be conducted under the control of a board of 11
directors, to be known as the State Board of Higher Education. Two shall
be students admitted at different public institutions of higher education
in Oregon at the time of their appointment. No more than one shall be a
member of the faculty at a public institution of higher education in
Oregon at the time of the appointment. [Amended by 1973 c.379 §1; 1997
c.450 §1] (1) The directors of
the State Board of Higher Education shall be citizens of Oregon and shall
be appointed by the Governor. The appointment is subject to the
confirmation of the Senate in the manner provided by ORS 171.562 and
171.565. No director who is not a student or faculty member at the time
of appointment may be an employee of any of the institutions or
departments under the control of the State Board of Higher Education, nor
shall more than seven graduates of or students admitted at these
institutions, nor more than three graduates of or students admitted at
any one of these institutions or departments, be members of the board at
any time. No faculty member appointed under this section shall
participate in any discussions or action by the board or attend any
executive session of the board involving collective bargaining issues
that affect faculty at any public institution of higher education.
(2) To assist the Governor in making appointments of the student
members as provided in ORS 351.010, the duly organized and recognized
entities of student government at each state institution of higher
education shall submit a list of nominees to the Governor. The entities
are entitled to no more than three nominees per school. The Governor
shall consider these lists in the selection of student members to be
appointed to the State Board of Higher Education.
(3) To assist the Governor in making an appointment of a faculty
member as provided in ORS 351.010, a duly organized and recognized
association of faculty members may submit a list of nominees to the
Governor. The Governor shall consider any submitted list in the selection
of a faculty member to be appointed to the State Board of Higher
Education.
(4) When making an appointment of a faculty member as provided in
ORS 351.010, the Governor shall rotate the appointment among
representatives from various public institutions of higher education to
ensure equal representation among the institutions. [Amended by 1955
c.284 §1; 1969 c.695 §6; 1973 c.379 §2; 1997 c.450 §2] (1)
Directors of the State Board of Higher Education shall hold office for a
term of four years except for directors who are students or faculty
members at the time of appointment, whose terms shall be two years. All
terms begin July 1 of the year of appointment. No person may be appointed
to serve consecutively more than two full terms as a director. Any person
appointed to fill a vacancy occurring prior to the expiration of any term
shall be appointed for the remainder of such term.
(2) The Governor may remove any member of the board at any time for
cause, after notice and public hearing, but not more than three members
shall be removed within a period of four years, unless it be for corrupt
conduct in office.
(3) The directors are entitled to compensation and expenses as
provided in ORS 292.495. [Amended by 1961 c.167 §41; 1967 c.530 §8; 1969
c.314 §25; 1971 c.485 §3; 1973 c.379 §3; 1997 c.450 §3] The board shall elect one of
its members as president who shall serve for the fiscal year for which
the president is elected. The board shall meet regularly once every three
months at such times and places as the president may determine. Special
meetings may be called by the president upon the written request of any
six members of the board. Six members shall constitute a quorum for the
transaction of business. [Amended by 1973 c.379 §4; 1995 c.79 §190]The State Board
of Higher Education may:
(1) Control and provide for, subject to the conditions of this
section, the custody and occupation of the grounds, buildings, books,
papers and documents belonging to each and all the institutions,
departments or activities under the control of the State Board of Higher
Education.
(2) Manage, control and apply all property of whatever nature given
to or appropriated for the use, support or benefit of any or all of the
institutions, departments or activities under the control of the State
Board of Higher Education, according to the terms and conditions of such
gift or appropriation. Moneys received under this section shall be
deposited with the State Treasurer in an account or fund separate and
distinct from the General Fund. Interest earned by the account or fund
shall be credited to the account or fund.
(3) Erect, improve, repair, maintain, equip and furnish buildings,
structures and lands for higher education.
(4) Acquire, receive, hold, control, convey, sell, manage, operate,
lease, lend, invest, improve and develop any and all property, real or
personal:
(a) Given to any of the institutions, departments or activities
under the control of the State Board of Higher Education by private
donors, whether such gifts are made to the State Board of Higher
Education or to the State of Oregon; or
(b) Acquired by any other method or from any source by the State
Board of Higher Education for the benefit of any of the institutions,
departments or activities under the control of the board, except for any
structure, equipment or asset encumbered by a certificate of
participation.
(5) Manage mineral and geothermal resource rights and proceeds
therefrom acquired or held for the state by the board pursuant to this
chapter and ORS chapter 567. This includes leasing mineral and geothermal
resource rights consistent with ORS 273.785.
(6) Take and hold mortgages on real and personal property acquired
by way of gift or arising out of transactions entered into in accordance
with the powers, duties and authority given to the board by this section,
ORS 351.070 and 351.150.
(7) Institute, maintain and participate in suits and actions and
other judicial proceedings, in the name of the State of Oregon, for the
foreclosure of such mortgages or for the purpose of carrying into effect
any and all of the powers, duties and authority given to the State Board
of Higher Education by this section and ORS 351.070 and 351.150.
(8) Acquire, receive, hold, control, sell, manage, operate, lease
or lend any goods, supplies, materials, equipment, services and
information technology, for the use, support or benefit of any of the
institutions, departments or activities under the control of the board.
(9) Delegate any of the powers, duties or functions granted to the
board under this section to any state institution of higher education
within the Oregon University System. [Amended by 1959 c.570 §1; 1975
c.771 §31a; 1985 c.443 §6; 1989 c.966 §33; 2001 c.453 §2; 2003 c.674 §6](1) The State Board of Higher Education may, for each institution,
division and department under its control adopt rules and specific orders
by or through the institutional executive of each institution governing
access to personnel records of the institution, division or department,
which are less than 25 years old.
(2) Rules adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on access
unless upon a finding by the institutional executive that the public
interest in maintaining individual rights to privacy in an adequate
educational environment would not suffer by disclosure of such records.
Access to such records may be limited to designated classes of
information or persons, or to stated times and conditions, or to both,
but cannot be limited for records more than 25 years old.
(3) No rule or order promulgated pursuant to this section shall
deny to a faculty member full access to the member’s personnel file or
records kept by the board or its institutions, schools or departments,
except as provided in paragraphs (d) and (e) of this subsection.
(a) The number of files relating to the evaluation of a faculty
member shall be limited to three, to 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 three files, evidence rebutting, correcting, amplifying or explaining
any document contained therein and other material which the member
believes might be of assistance in the evaluation process.
(d) Letters and other information submitted in confidence to the
board or its institutions, schools or departments prior to July 1, 1975,
shall be maintained in the files designated. However, if a faculty member
requests access to those files, the anonymity of the contributor of
letters and other information obtained prior to July 1, 1975, shall be
protected. The full text shall be made available except that portions of
the text which would serve to identify the contributor shall be excised
by a faculty committee. Only the names of the contributors and the
excised portions of the documents may be kept in a file other than the
three prescribed by paragraph (a) of this subsection.
(e) Confidential letters and other information submitted to or
solicited after July 1, 1975, by the board or its institutions, schools
or departments prior to the employment of a prospective faculty member
are exempt from the provisions of this section. However, if the member is
employed by the board or its institutions, schools or departments, the
confidential preemployment materials shall be placed in the three
authorized files. If a faculty member requests access to the member’s
files, the anonymity of the contributor of confidential preemployment
letters and other preemployment information shall be protected. The full
text shall be made available, except that portions of the text which
would serve to identify the contributor shall be excised and retained in
a file other than the three designated in paragraph (a) of this
subsection.
(f) Classroom survey evaluation by students of a faculty member’s
classroom or laboratory performance shall be anonymous. The record of
tabulated reports shall be placed in at least one of the files designated
in paragraph (a) of this subsection. All survey instruments used to
obtain evaluation data shall be returned to the faculty member.
(g) After July 1, 1975, the board, its institutions, schools or
departments when evaluating its employed faculty members shall not
solicit nor accept letters, documents or other materials, given orally or
in written form, from individuals or groups who wish their identity kept
anonymous or the information they provide kept confidential.
(4) No rule or order promulgated pursuant to this section limits
the authority of the institution, division or department to prepare,
without identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel records.
(5) Any category of personnel records specifically designated as
confidential pursuant to valid rules or orders pursuant to this section
shall not be deemed a public record for the purposes of ORS 192.420.
(6) As used in this section, “personnel records” means records
containing information kept by the institution, division or department
concerning a faculty member and furnished by the faculty member or by
others about the faculty member at the member’s or at the institution,
division or department’s request, including, but not limited to,
information concerning discipline, membership activity, employment
performance or other personal records of individual persons. [1971 c.566
§1; 1975 c.317 §1; 1979 c.159 §1](1) In carrying out its authority under ORS
351.070, the State Board of Higher Education may authorize receipt of
compensation for any officer or employee of the Oregon University System
from private or public resources, including, but not limited to, income
from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the Oregon University System;
(d) Providing services or other valuable consideration for a
private corporation, individual, or entity, whether paid in cash or
in-kind, stock or other equity interest, or anything of value regardless
of whether there is a licensing agreement between the Oregon University
System and the private entity; and
(e) Performing public duties paid by private organizations,
including institution corporate affiliates, which 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 shall not authorize compensation, as defined in
subsection (1) of this section, that, in the board’s judgment, does not
comport with the mission of the institution and the Oregon University
System or substantially interferes with an officer’s or employee’s duties
to the Oregon University System.
(3) Any compensation, described and authorized under subsection (1)
of this section, shall be considered official salary, honorarium or
reimbursement of expenses for purposes of ORS 244.040. If authorization
or receipt of such compensation creates a potential conflict of interest,
the potential conflict shall be reported in writing in accordance with
rules of the state board. The disclosure is a public record subject to
public inspection.
(4) The state board shall adopt by rule standards governing
employee outside employment and activities, including potential conflict
of interest, as defined by state board rule and consistent with ORS
244.020, and the public disclosure thereof, and procedures for reporting
and hearing potential or actual conflict of interest complaints. [1989
c.1090 §2; 1991 c.614 §1; 1993 c.743 §22a; 2003 c.14 §155]Note: 351.067 was added to and made a part of ORS chapter 351 by
legislative action but was not added to any series therein. See Preface
to Oregon Revised Statutes for further explanation.(1) The Oregon University System, in accordance
with rules adopted by the State Board of Higher Education, shall
implement a personnel system and may engage in collective bargaining with
its employees. All collective bargaining with any certified or recognized
exclusive employee representative shall be under the direction and
supervision of the Chancellor of the Oregon University System. The Oregon
University System shall have payroll authority pursuant to ORS 292.043 to
292.180.
(2)(a) The board shall establish competitive procedures for the
purchasing, procurement and contracting of goods, services and
information technology, for the benefit of the Oregon University System
and all the institutions, departments and activities therein. The board
may also establish exemptions from the competitive procedures when
appropriate.
(b) The board shall ensure that the hourly rate of wage paid by any
contractor upon all public improvements contracts undertaken for the
board shall not be less than the same rate of wage as determined by the
Bureau of Labor and Industries for an hour’s work in the same trade or
occupation in the locality where such labor is performed. Claims or
disputes arising under this subsection shall be decided by the
Commissioner of the Bureau of Labor and Industries.
(c) The board shall adopt policies and procedures that achieve
results equal to or better than the standards existing on July 17, 1995,
regarding affirmative action, pay equity for comparable work, recycling,
the provision of workers’ compensation insurance to workers on contract
and the participation of emerging small businesses and businesses owned
by minorities and women.
(3) The board may, for each institution under its control:
(a) Appoint and employ a president and the requisite number of
professors, teachers and employees, and prescribe their compensation and
tenure of office or employment.
(b) Demand and receive the interest mentioned in ORS 352.510 and
all sums due and accruing to the institutions of higher education for
admission and tuition therein, and apply the same, or so much thereof as
is necessary, to the payment of the compensation referred to in paragraph
(a) of this subsection and the other current expenses of the institutions.
(c) Prescribe fees for enrollment into the institutions. Such
enrollment fees shall include tuition for education and general services
and such other charges found by the board to be necessary to carry out
its educational programs. The board may award student aid from any fund
other than the General Fund.
(d) Prescribe incidental fees for programs under the supervision or
control of the board found by the board, upon its own motion or upon
recommendation of the recognized student government of the institution
concerned, to be advantageous to the cultural or physical development of
students. Fees realized in excess of amounts allocated and exceeding
required reserves shall be considered surplus incidental fees and shall
be allocated for programs under the control of the board and found to be
advantageous to the cultural or physical development of students by the
institution president upon the recommendation of the recognized student
government at the institution concerned.
(e) Upon recommendation of the recognized student government,
collect optional fees authorized by the institution executive, for
student activities not included in paragraph (c) or (d) of this
subsection. The payment of such optional fees shall be at the option and
selection of the student and shall not be a prerequisite of enrollment.
(f) Confer, on the recommendation of the faculty of any such
institution, such degrees as usually are conferred by such institutions,
or as they deem appropriate.
(g) Prescribe the qualifications for admission into such
institutions.
(4) Subject to such delegation as the board may decide to make to
the institutions, divisions and departments under its control, the board,
for each institution, division and department under its control:
(a) Shall supervise the general course of instruction therein, and
the research, extension, educational and other activities thereof.
(b) Shall adopt rules and bylaws for the government thereof,
including the faculty, teachers, students and employees therein.
(c) Shall maintain cultural and physical development services and
facilities therefor and, in connection therewith, may cooperate and enter
into agreements with any person or governmental agency.
(d) May contract to provide health services at student health
centers.
(e) Shall provide health services at student health centers to
students.
(f) May provide health services at student health centers to any of
the following:
(A) Dependents of students.
(B) Staff.
(C) Faculty.
(g) Shall prescribe and collect charges.
(h) Shall adopt rules relating to the creation, use, custody and
disclosure, including access, of student education records of the
institutions that are consistent with the requirements of applicable
state and federal law. Whenever a student has attained 18 years of age or
is attending an institution of post-secondary education, the permission
or consent required of and the rights accorded to a parent of the student
regarding education records shall thereafter be required of and accorded
to only the student.
(5) For each institution under its jurisdiction, the board shall
provide opportunities for part-time students to obtain complete
undergraduate degrees at unconventional times, which include but are not
limited to early morning and noon hours, evenings and weekends. In
administering these degree programs, the institution may use any
educational facility available for the use of the institution. [Amended
by 1953 c.545 §2; 1971 c.375 §1; 1971 c.708 §9; 1973 c.331 §1; 1979 c.159
§2; 1989 c.308 §1; 1989 c.311 §1; 1989 c.492 §1; 1993 c.806 §7; 1995
c.612 §8; 1997 c.231 §1; 1999 c.59 §98; 2003 c.14 §156; 2003 c.674 §7;
2003 c.817 §1]Note: Sections 1 to 3, chapter 653, Oregon Laws 1997, provide:
Sec. 1. Board duties regarding measurements, admission standards,
degree models, access to services, educational opportunities and credit
transfer. The State Board of Higher Education shall:
(1) Continue development of accountability and performance measures
with indicators in broad goal areas, including but not limited to:
(a) Enhancing existing quality;
(b) Expanding access;
(c) Maintaining reasonable cost-effectiveness; and
(d) Ensuring employability.
(2) Continue development of a proficiency-based admission standards
system that aligns with school reform requirements for kindergarten
through grade 12 under ORS chapter 329 in order to improve student
performance and better articulate expectations of student learning among
the educational sectors.
(3) Continue experimentation with and implementation of various
accelerated baccalaureate degree models at state institutions of higher
education in applicable programs. The models may include but need not be
limited to early entry and post-secondary options and models that are
jointly developed with the State Board of Education.
(4) Continue development of strategies to provide the broadest
possible access to educational services for both on-campus and off-campus
learners by using technology as well as traditional options.
(5) Continue to work with businesses, industries and agencies to
offer increased opportunities for students to participate in internships,
practica and service learning experiences. The board shall continue to
explore faculty internship opportunities with businesses, industries and
agencies.
(6) Continue to work with the State Board of Education to develop
policies and procedures that ensure maximum transfer of academic credits
between community colleges and state institutions of higher education.
[1997 c.653 §1]
Sec. 2. Progress report. The State Board of Higher Education shall
report to the Legislative Assembly each biennium on the progress of the
board in implementing section 1 of this Act, along with a report on the
fiscal, physical and technological resources necessary for implementation
of these goals. [1997 c.653 §2]
Sec. 3. Sections 1 and 2 of this Act are repealed on June 30, 2007.
Note: Section 28, chapter 674, Oregon Laws 2003, provides:
Sec. 28. Report on duties, functions and powers of board. The
Oregon Department of Administrative Services and the State Board of
Higher Education shall jointly cause a review to be made regarding the
duties, functions and powers vested in the board by ORS 351.060, 351.070,
351.086, 351.210, 351.240 and 291.038 as amended by sections 6 to 10 and
27 of this 2003 Act. The review shall be completed independently of the
department and the board. The department and board shall jointly report
the findings of the review to the Seventy-fourth Legislative Assembly
prior to February 1, 2007. [2003 c.674 §28](1) Notwithstanding ORS chapter 183, the
following actions may be taken by the State Board of Higher Education or
the educational institutions under its control without compliance with
the rulemaking provisions of ORS chapter 183:
(a) Adoption of standards, regulations, policies or practices
relating primarily to admissions, academic advancement, classroom grading
policy, the granting of academic credits, granting of degrees,
scholarships and similar academic matters.
(b) Adoption of fees or fee schedules relating to charges for
symposiums, conferences, short courses, food, books or other retail
goods, prices of admission to athletic, entertainment or cultural events
or advertising rates in student or institutional publications. However,
student loan service charges, charges levied as penalties for prohibited
conduct, general tuition, building fees, incidental fees, health service
fees and residence hall and housing charges shall be adopted in
accordance with the provisions of ORS chapter 183.
(2) Any standards, regulations, policies, practices or fees adopted
under this section by the State Board of Higher Education or by any of
the educational institutions under its control shall be reduced to
writing and made available to interested persons upon request. [1979
c.593 §31; 1989 c.492 §4](Chancellor)(1) The State Board of Higher Education
shall appoint a chief executive officer who shall be known as the
Chancellor of the Oregon University System and who shall serve at the
pleasure of the board. The board may appoint one or more assistants as
may be necessary.
(2) The chancellor and the assistants of the chancellor shall be
persons who by training and experience are well qualified to perform the
duties of their offices and to assist in carrying out the functions of
the board under ORS 351.010 to 351.070, 351.075 to 351.260, 351.310 to
351.615, 351.770 to 351.840, 352.002 to 352.006, 352.010 to 352.053,
352.230, 352.360, 352.370, 352.390, 352.400 and 352.510 to 352.760.
(3) The State Board of Higher Education shall fix the compensation
of the chancellor and the assistants of the chancellor. [1971 c.708 §10;
2001 c.382 §3; 2005 c.22 §248] (1)
Pursuant to ORS 342.447, the office of the Chancellor of the Oregon
University System shall ensure the implementation of the plans developed
for recruitment of minority teachers.
(2) The chancellor shall report biennially to the State Board of
Higher Education and the Legislative Assembly on the implementation and
results of the plans. The report may include recommendations on ways in
which the Legislative Assembly can assist in increasing the number of
minority teachers. [1991 c.434 §5; 1995 c.79 §191]Note: 351.077 was made a part of ORS chapter 351 by legislative
action but was not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation. The Chancellor of the
Oregon University System shall exercise, under the direction of the State
Board of Higher Education, the administrative authority necessary to
carry out the policies of the board with respect to the institutions,
departments or activities under the control of the board. In carrying out
the duties of the chancellor, the chancellor shall:
(1) Act as administrative officer of the State Board of Higher
Education.
(2) Maintain a centralized service program for all institutions,
departments and activities, including but not limited to, accounting,
statistical services, capital construction, management analysis, legal
services, academic affairs and educational research.
(3) Collect and compile information and statistics relative to the
operation of the institutions, departments and activities of the State
Board of Higher Education.
(4) Prepare and submit to the State Board of Higher Education an
annual operating budget for all institutions, departments and activities
of the board.
(5) Oversee the preparation and submission to the State Board of
Higher Education of the biennial budget requests of the institutions,
departments and activities for consideration by the board as the budget
request to the Governor under ORS 351.090. The chancellor shall provide
analyses of the budget requests of the institutions, departments and
activities, including in such analyses alternative considerations as may
be necessary or desirable for the board in the adoption of its budget
request.
(6) Appoint, subject to the State Personnel Relations Law, and with
the approval of the State Board of Higher Education, such personnel as
may be necessary for the performance of the duties of the chancellor.
(7) Designate, if the chancellor wishes, one or more suitable
persons to sign or countersign warrants, vouchers, certificates, or other
papers and documents requiring the signature of the chancellor.
(8) Prepare the agendas for State Board of Higher Education
meetings and provide an analysis of proposals made to the board,
including such alternatives as may be necessary or desirable for their
consideration, and make recommendations thereon.
(9) Prepare and submit to the State Board of Higher Education on or
about December 31 of each year an annual report in which the chancellor
describes the principal activities of the Department of Higher Education
during the fiscal year ending June 30. The report shall include a
statement of all funds received, the source or sources from which
received, the expenditure and disbursement of all funds and the purposes
for which they were expended. The report shall contain a statement of the
number of students enrolled in each institution, department or activity,
the number of degrees conferred, the improvements made and new courses of
instruction added, together with a statement showing in a general way the
status of all activities and functions of the State Board of Higher
Education.
(10) Keep a record of the transactions of the State Board of Higher
Education.
(11) Have the custody of all books, papers, documents and other
property belonging to the State Board of Higher Education.
(12) Give such instructions as may be necessary to carry out the
directives of the State Board of Higher Education and forward them to the
various institution presidents and heads of departments and activities.
(13) Provide for meetings of the presidents and principal
executives of the institutions, departments and activities, at such times
as the State Board of Higher Education may direct, such meetings to be
open to any member of the board. At such meetings, the executives of the
Department of Higher Education may propose policies or policy changes or
statements for consideration by the board and develop recommendations
concerning allocations of funds.
(14) Perform such other administrative assistance and consider
other administrative matters as the State Board of Higher Education may
require. [1971 c.708 §11; 1987 c.158 §62; 1995 c.79 §192](Administration)(1) Except as otherwise
provided in this chapter and ORS chapter 352, the provisions of ORS
chapters 240, 279, 279A, 279B, 279C, 282 and 292 do not apply to the
Oregon University System.
(2) Notwithstanding subsection (1) of this section, ORS 240.167,
240.185, 279.835 to 279.855, 279A.065 (2), 279B.055 (3), 279C.380 (1)(a)
and (3), 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830,
279C.835, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865,
279C.870 and 292.043 apply to the Oregon University System.
(3) Notwithstanding any other law, the following provisions do not
apply to the Oregon University System:
(a) ORS 182.310 to 182.400;
(b) ORS 273.413 to 273.456;
(c) ORS 276.071 and 276.072; and
(d) ORS 291.038.
(4) Notwithstanding subsection (3)(b) of this section, ORS 273.413
to 273.456 apply to any structure, equipment or asset owned by the Oregon
University System that is encumbered by a certificate of participation.
(5) In carrying out the duties, functions and powers imposed by law
upon the Oregon University System, the State Board of Higher Education or
the Chancellor of the Oregon University System may contract with any
public agency for the performance of such duties, functions and powers as
the Oregon University System considers appropriate. [1995 c.612 §2; 1997
c.802 §16; 1999 c.210 §1; 2003 c.562 §3; 2003 c.674 §8; 2003 c.794 §259a]Note: 351.086, 351.087, 351.092, 351.094 and 351.097 were added to
and made a part of ORS chapter 351 by legislative action but were not
added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.(1) The State Board of Higher Education shall establish policies for the
operation of the Oregon University System, consistent with ORS 351.086.
(2) For the purpose of clarifying areas of oversight and in
accordance with subsection (1) of this section, wherever the Oregon
Department of Administrative Services would otherwise have authority over
administrative matters concerning the performance, operating policies or
structure of the Oregon University System, that authority shall be
transferred to the State Board of Higher Education. [1995 c.612 §4]Note: See note under 351.086. Notwithstanding
ORS chapter 183, the State Board of Higher Education or any state
institution of higher education under the jurisdiction of the board may,
by rule, establish adjudicative procedures that are consistent with
federal and state constitutional requirements and other provisions of
law. The adjudicative procedures shall be consistent with ORS 183.413 to
183.497 and 183.502 whenever the type of hearing or procedure required is
substantially of the character that would necessitate the procedures
required by ORS 183.415, 183.425, 183.450, 183.460 or 183.470. [1999 c.70
§2]The State Board of Higher Education shall
prescribe for all state-supported higher educational institutions a
standardized system of accounts and records. The board shall prepare
biennially, at such time as the Governor shall require, a report to the
Governor containing the proposed budget for the succeeding biennium
covering in detail the purposes for which all expenditures shall be made.
In preparation of this budget the board may allocate to the respective
institutions over which it is authorized to exercise supervision and
control all funds then available and all funds which under laws then
existing become available during the succeeding biennium from all
sources, so far as they can be ascertained, in accordance with the
board’s higher educational development program.Notwithstanding ORS 293.595, the State Board of Higher
Education shall control and supervise the acquisition, installation and
use of all data processing equipment to be used primarily for the
purposes of the accounting records and accounting system of the Oregon
University System. The board may authorize use of that equipment for
other purposes to the extent that use for those other purposes does not
conflict with use for the primary purpose of the Oregon University
System’s accounting records and accounting system. [1995 c.612 §7]Note: See note under 351.086.(1) Notwithstanding any
other provision of law, the Oregon University System shall provide group
insurance to its employees through the Public Employees’ Benefit Board,
but may elect, at the discretion of the State Board of Higher Education,
to provide alternative benefit plans to its employees, should the same
level of benefits be available at a lower cost than through the Public
Employees’ Benefit Board.
(2) For the purposes of ORS 243.555 to 243.575, if the State Board
of Higher Education chooses not to participate in the benefit plans
offered through the Public Employees’ Benefit Board, the State Board of
Higher Education may have the authority granted to the Public Employees’
Benefit Board under ORS 243.555 to 243.575 for the administration of an
appropriate expense reimbursement plan.
(3) The Oregon University System shall offer a deferred
compensation plan for its employees. The Oregon University System shall,
at the discretion of the board, choose whether to offer its employees the
state deferred compensation plan established under ORS 243.401 to 243.507
or another deferred compensation plan that the board elects to make
available to the employees of the Oregon University System. [1995 c.612
§5; 1997 c.179 §29; 1997 c.222 §52]Note: See note under 351.086.
(1) The payment of salary or compensation of the officers, teachers,
instructors and other employees of the Oregon University System, where
such salary or compensation is payable out of the State Treasury and is
fixed by law or the State Board of Higher Education at a definite rate
per hour, day, week, month or year, shall be made weekly, biweekly,
semimonthly or monthly with any necessary adjustments, as provided in
this section.
(2) With the approval of the board, the Chancellor of the Oregon
University System shall make out, certify and transmit to the board at
the end of each pay period a payroll, duly verified by the chancellor or
other designated officer and approved by the proper auditing committee or
officer, showing the names of the several officers, teachers, instructors
and other employees during the preceding payroll period, the rate of
compensation of each by the hour, day, week, month or year, the time
employed, the amount due and any other facts the board requires. The
board, if it approves the payroll, shall draw a warrant on the State
Treasurer for the aggregate amount allowed in favor of the chancellor,
who shall immediately pay over the moneys received to the several parties
entitled thereto and take receipts therefor, which shall be transmitted
to the board.
(3) Notwithstanding subsection (2) of this section or any other law
and pursuant to ORS 293.330, the State Board of Higher Education may
authorize the chancellor to designate a person employed by and located at
each institution of higher education under the jurisdiction of the board
to implement and administer the payroll system selected by the board to
pay employees designated by the board. The person shall be under bond to
the State of Oregon.
(4) When an employee receives payment of salary or compensation in
an amount greater than the employee’s entitlement, the amount of the
overpayment may be deducted from salary or compensation earned by the
employee. The deduction may be in such form and manner as the State Board
of Higher Education may prescribe. [1995 c.612 §6; 1999 c.202 §1; 1999
c.560 §1]Note: See note under 351.086. All advertising and publicity on
behalf of all branches of state-supported higher education shall emanate
from and bear the name of the Department of Higher Education, and shall
be conducted in such a way as to present to the citizens of the state and
prospective students a fair and impartial view of the higher educational
facilities provided by the state and the prospects for useful employment
in the various fields for which those facilities afford preparation.
In order to carry out the duties described in ORS 352.008, the State
Board of Higher Education, in consultation with the Department of Human
Services, shall adopt by rule, as a minimum, descriptions of the content
of what shall be included in the policy and plan described in ORS
352.008. [1989 c.1076 §5]Note: 351.105 was made a part of ORS chapter 351 by legislative
action but was not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation. All relationships
and negotiations between the Legislative Assembly and its various
committees and the institutions of higher education shall be carried on
through the Department of Higher Education. No subordinate official
representing any of the separate institutions shall appear before the
Legislative Assembly or any committee except upon the written authority
of the State Board of Higher Education. [Amended by 1999 c.59 §99]The Oregon University System shall offer a diversity of teacher
education programs, inclusive of four-year and five-year options for
completion of the programs. Both of these options shall qualify for
teacher licensing of persons completing the programs. [1989 c.690 §2]Note: 351.115 was added to and made a part of ORS chapter 351 by
legislative action but was not added to any series therein. See Preface
to Oregon Revised Statutes for further explanation.(1) If the State
Board of Higher Education determines that enrollment is sufficient to
make an American Sign Language class economically viable and if qualified
instructors are available, the board may offer to students courses for
credit in American Sign Language at any institution of higher education
within the Oregon University System. Such courses shall satisfy any
second language elective requirement.
(2) The State Board of Higher Education is encouraged to continue
to:
(a) Coordinate with the State Board of Education and the Oregon
State School for the Deaf to develop curricula for American Sign Language
courses;
(b) Implement programs to locate and prepare qualified teachers and
interpreters of American Sign Language; and
(c) Assist institutions of higher education in identifying local
and regional needs and resources available for American Sign Language
courses. [1995 c.687 §3]Note: 351.117 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The State Board of Higher Education
shall encourage gifts to the institutions by faithfully devoting such
funds to the institution for which intended. All gifts and donations
received are appropriated to be used in accordance with the terms of the
gift. Such gifts shall be placed by the State Treasurer to the credit of
a separate fund to be known as the Higher Education Donation Fund,
separate and distinct from the General Fund.
(2) Subject to the terms of the gift, such gifts to the Department
of Higher Education may be invested by the State Treasurer. The State
Treasurer shall credit to the Higher Education Donation Fund any interest
or other income derived from the investment of such fund.
(3) The interest, income, dividends or profits received on any
property or funds of the Department of Higher Education derived from
gifts, legacies, devises, bequests or endowments are continuously
appropriated to the use, maintenance and support of the Department of
Higher Education in the same manner as the principal or corpus of each
such gift or donation in accordance with the terms of the gift.
(4) As used in this section, “gifts” includes funds donated to the
Department of Higher Education to which by agreement the donor receives
consideration in return for the gift or retains a reversionary interest
but does not include grant or contract funds received from government
sources. [Amended by 1987 c.102 §2; 1989 c.966 §34; 1995 c.110 §1] (1) The State Board
of Higher Education may purchase such real property as in its sole
discretion may be necessary for the present or future development of any
of the schools or institutions under its jurisdiction. The board may
enter into contracts of purchase or agreements which it deems necessary
in carrying out this authorization.
(2) The board may apply any funds coming into its hands, and
applicable thereto, toward the purchase of property authorized under this
section. The board may also mortgage or pledge any property so purchased,
or its contracts to purchase, or in relation thereto, together with the
income from such property, to secure the payment of the purchase price
thereof. Legal title to
all real property acquired by any of the institutions under the control
of the State Board of Higher Education shall be taken and held in the
name of the State of Oregon. Legal title to all real property heretofore
or hereafter conveyed to any such institutions shall be deemed to be
conveyed to and vested in the State of Oregon. Authorized conveyances of
all real property acquired by or vested in the State of Oregon for the
use or benefit of any such institutions, other than the university lands
referred to in ORS 273.251, shall be executed in the name of the State of
Oregon by the president and secretary of the board of higher education.
Nothing in this section or in ORS 351.060 shall be considered as
exempting such property from taxation.As used in ORS 351.160, 351.170,
351.180, 351.350, 351.440 and 351.450, “structure” includes, but is not
limited to, paving, sidewalks, curbs, gutters, sewers, drainage works,
vehicular parking facilities, lighting facilities, retaining walls and
other constructed or erected improvements to real property. [1971 c.361
§2]Notwithstanding the applicable
provisions of ORS 279.835 to 279.855, 279A.140 to 279A.155, 279A.250 to
279A.290, 279A.990, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280,
279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to
279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to 279C.670
and 279C.800 to 279C.870, the State Board of Higher Education may, in the
management of all forestlands under its control and supervision, sell the
forest products on such lands in the same manner as is provided in ORS
530.059, and for that purpose the State Board of Higher Education shall
have the same powers with respect to experimental or research projects in
the field of forestland management or for forest product utilization on
forestlands under its control as the State Forester has pursuant to the
provisions of ORS 530.050 and 530.059. In the management of its
forestlands, the State Board of Higher Education may lease mineral and
geothermal resource rights as provided in ORS 351.060 (5). [1961 c.134
§1; 2001 c.453 §3; 2003 c.794 §260] (1) The State Board of Higher
Education may undertake the construction of any building or structure for
higher education when, in the judgment of the board, it appears that the
building or structure will be wholly self-liquidating and self-supporting
from revenues to accrue from the operation thereof and from gifts, grants
or building fees, and from unobligated revenues of buildings or projects
of like character. The board may enter into contracts for the erection,
improvement, repair, equipping and furnishing of buildings and structures
for dormitories, housing, boarding, off-street motor vehicle parking
facilities and other purposes for higher education pursuant to Article
XI-F(1) of the Oregon Constitution, ORS 351.160 to 351.190, 351.350 to
351.460 and 351.505.
(2) The board may also undertake the construction of those
buildings and structures that are designated by the Legislative Assembly
for higher education institutions and activities, and may enter into
contracts with persons, firms or corporations for the erection,
improvement, repair, equipping and furnishing of such buildings and
structures pursuant to Article XI-G of the Oregon Constitution and ORS
351.345. [Amended by 1963 c.573 §5; 1963 c.584 §2; 1991 c.220 §8] No later than
March 1 of each odd-numbered year, the State Board of Higher Education
shall submit a report to the Legislative Assembly concerning the status
of all previously approved Department of Higher Education capital
construction projects that have not been completed or have been completed
within the preceding 24-month period. The report shall include the
project title, funding sources, the amount of the original appropriation
or expenditure limitation, the amount of unexpected funds, the
construction status and the anticipated completion date. [1991 c.647 §3;
reenacted by 1993 c.538 §2; reenacted by 1995 c.254 §4]Note: 351.165 was made a part of ORS chapter 351 by legislative
action but was not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation.(1) The State Board of Higher Education shall
establish such rates, charges and fees for use of buildings, structures
or projects referred to in ORS 351.160 (1), including revenue-producing
buildings and structures already constructed, as, in the judgment of the
board, will provide the required revenues to make the particular new
building, project or structure self-liquidating and self-supporting, and
as will provide the funds with which to amortize the principal of and pay
the interest on the bonds issued to finance such buildings, structures or
projects.
(2) The board shall charge and collect from each regular student a
building fee at a rate not to exceed $45 for each regular term, for not
less than three terms in each regular academic year, and not to exceed
$67.50 if instruction is on a semester basis, or an equivalent rate of
charge when instruction is on a different basis. The board is authorized
to maintain adequate sinking funds for bonds outstanding. The fee shall
be in addition to tuition and other fees charged to students and shall be
deposited with the State Treasurer and credited to the appropriate
subfund of the Higher Education Bond Sinking Fund. [Amended by 1963 c.638
§3; 1963 c.584 §3; 1975 c.331 §13; 1989 c.794 §1; 1997 c.555 §1; 2001
c.523 §1] The State Board of Higher Education may
cause the buildings, structures or projects referred to in ORS 351.160
and 351.170 and the equipment and furnishings therein and the
appurtenances thereto to be insured against fire and other hazards in
such sums as will protect the holders of the outstanding bonds issued to
finance the cost thereof. Such insurance shall be in lieu of that
afforded by the Insurance Fund, without right of insurers, in the event
of loss, to subrogation to or contribution from said fund. [Amended by
1963 c.584 §4; 1985 c.731 §27] The State Board
of Higher Education may obtain, by donation, purchase, agreement or
condemnation, the title to any land authorized to be acquired by ORS
351.345, 351.350 and 351.450. Condemnation proceedings instituted by the
board shall be conducted in accordance with ORS chapter 35. [Amended by
1957 c.720 §1; 1963 c.548 §5; 1971 c.741 §25](1) The State Board of Higher Education shall visit all
state institutions of higher education under its jurisdiction for the
purpose of inquiring as to the work offered and conducted at such
institutions, whenever and as often as it may deem necessary. The board
shall specifically determine from time to time as occasion may require
what courses or departments, if any, shall not, in its judgment, be
duplicated in the several higher educational institutions. The board may
direct the elimination of duplicate work from any institution, and
determine and define the courses of study and departments to be offered
and conducted by each institution.
(2) A record of such determination shall be kept by the board. The
board shall notify the Governor of such determination and each
institution affected shall conform thereto.
(3) If any changes are made in the curricula of any institution,
the change shall become effective at the beginning of the school year
following the determination.
(4) Any person may appear before the board of higher education at
any meeting for the purpose of laying before the board any data or
arguments for the maintaining or elimination of any duplicated course or
department. [Amended by 1989 c.492 §2; 1993 c.98 §16](1) The State Board of
Higher Education shall cooperate with the Education and Workforce Policy
Advisor in the development of a state comprehensive education plan
including post-secondary education and in review of the board’s programs
and budget. The board shall submit in timely fashion to the advisor such
data as is appropriate in a form prescribed by the advisor.
(2) The board shall cooperate with the mediation process
administered by the Oregon Student Assistance Commission pursuant to ORS
348.603 and, if a negotiated resolution cannot be reached by mediation,
comply with the decisions of the commission regarding proposed new
post-secondary programs and proposed new post-secondary locations,
including those proposed by Oregon Health and Science University in
cooperation with the board under ORS 353.440. [1975 c.553 §12; 1997 c.652
§36; 1999 c.291 §16a]
The State Board of Higher Education may allow interchange of members of
the faculties of institutions of higher learning with faculty members of
comparable institutions of other states or countries for a period of one
year. Such exchange service shall, for all purposes, be deemed continued
service with the Oregon institution covered, with salary paid to the
absent faculty member accordingly. Salary for the visiting faculty member
shall not be paid by the Oregon institution covered. [1957 c.239 §1](1) The State Board of Higher
Education may sell or otherwise dispose of any worn out, obsolete or
otherwise unsuitable equipment, goods, supplies, material or information
technology, the disposal of which would in the board’s judgment be to the
financial benefit of the institutions under the board’s control. This
section does not apply to any equipment, goods, supplies, material or
information technology encumbered by a certificate of participation.
(2) The board may delegate any of its duties, functions or powers
granted to the board under this section to the Chancellor of the Oregon
University System or any state institution of higher education within the
Oregon University System.
(3) The proceeds from any sales or disposals made pursuant to
authority granted in this section shall be deposited in the State
Treasury to the credit of the Department of Higher Education and may be
expended by the board for any purpose authorized by law in the same
manner as the board is authorized to make other expenditures. Any moneys
deposited in the State Treasury under this section are continuously
appropriated to the department. [Amended by 2003 c.674 §9] The State Board of
Higher Education may acquire by gift or by purchase interests in
intellectual property of any kind, whether patentable or copyrightable or
not, including patents, copyrights, inventions, discoveries, processes
and ideas. The board may also agree to aid in the development of property
acquired pursuant to ORS 351.220 to 351.250 and to pay an assignor of any
interest in intellectual property a share of any moneys received on
account of the board’s ownership or management of the property. [1953
c.332 §1]The State Board of Higher Education may manage, develop or
dispose of by assignment, sale, lease, license or other action deemed
advisable by the board, property acquired under ORS 351.220, and may
contract with any person or agency, board, commission or department of
this or any other state or with the federal government regarding the
management, development or disposition thereof. The board may make
gratuitous assignments of such property to any trust or fund, the sole
beneficiary of which is the State Board of Higher Education or any of the
institutions or activities under its control, subject to the share, if
any, agreed to be paid to the assignor. The board may reassign such
property to the inventor, author or discoverer. [1953 c.332 §2](1) The State Board of Higher
Education may determine the terms and conditions of any transaction
authorized by ORS 351.220 to 351.250 and need not require competitive
bids in connection therewith. No formal publicity or advertising is
required regarding property for the development of which the board wishes
to contract, but the board shall make reasonable efforts to disseminate
such information in appropriate research and industrial circles.
(2) The board may delegate any of the duties, functions and powers
granted to the board under ORS 351.220 to 351.250 to any state
institution of higher education within the Oregon University System.
[1953 c.332 §4; 2003 c.674 §10]
Moneys received by the board as a result of ownership or management of
property acquired under ORS 351.220 to 351.250 or of transactions
regarding such property shall be credited to a special fund in the State
Treasury, separate and distinct from the General Fund, to be designated
“Higher Education Invention Fund” and shall only be applied by the State
Board of Higher Education to payment of the agreed share, if any, to
assignors, and for the advancement of research or for the acquisition and
development of intellectual property, or both. Interest earned by the
fund shall be credited to the fund. [1953 c.332 §5; 1989 c.966 §35] The State Board of Higher Education
may establish and maintain planning facilities and undertake planning
work for the provision of, or related to, local planning services and may:
(1) Upon the request of the governing body of any municipality,
county, Indian reservation or of a regional or joint planning agency in
the state, provide planning assistance to such municipality, county,
Indian reservation or planning agency (including surveys, land use
studies, urban renewal plans, technical services and other planning work)
and make or assist in making a study or report upon any planning problem
of such municipality, county, Indian reservation or planning agency.
(2) Agree with such governing body or planning agency as to the
amount to be paid to the board for such service.
(3) Apply for and accept grants from the federal government and
other sources in connection with any such planning work.
(4) Contract with respect thereto. [1955 c.536 §1; 1965 c.456 §1](1) The State Board of Higher Education
shall give individual, written notice of reasonable assurance of
continued employment to all employees who are to perform services in the
same or a similar capacity during a subsequent academic year or term or
in the period immediately following a recess period. Such notice shall be
given by June 15 of each year for employees employed as of that date and
as of the date of hire for employees employed subsequent to June 15.
(2) Academic staff members on annual or indefinite tenure and all
other employees on regular status are considered to have been given
notice for the purposes of this section.
(3) No liability shall accrue from failure to give the notice
required by subsection (1) of this section or from the timing or contents
thereof on the part of the board. However, the board shall enforce the
provisions of subsection (1) of this section. [1985 c.585 §5; 1995 c.612
§9](1) The State Board of Higher Education shall establish
by rule procedures to identify officially sanctioned programs for
purposes of ORS 283.310 (3).
(2) As used in this section, “officially sanctioned program” is a
program identified by the state board through the procedures established
pursuant to subsection (1) of this section. [1993 c.335 §12]FINANCES(Generally) The
Legislative Assembly finds that in order to avoid unnecessary disruption
at public institutions of higher education and in order to provide
assurance that the institutions share in the benefits of any major reform
in the Oregon tax system, it is necessary to stabilize funding for such
institutions over a longer period than is customary with biennial
budgeting. [1991 c.963 §1](1) The State Board of Higher Education shall control
the use, distribution and disbursement of all funds, appropriations and
taxes now or hereafter in possession, levied and collected, received or
appropriated for the use, benefit, support and maintenance of
institutions, departments or activities of higher education, including
the authorization of individuals to sign vouchers for the disbursement of
funds for the various institutions, departments and activities.
(2) All moneys, except moneys appropriated from the State Treasury
for expenditure within a specified period of time, heretofore or
hereafter received by or on behalf of the State Board of Higher
Education, or any institution, department or activity under its control,
which are not otherwise appropriated by law, hereby are appropriated
continuously to the State Board of Higher Education for the purposes for
which such moneys were donated, granted or received, in accordance with
any applicable law governing the use of such moneys. [Amended by 1955
c.84 §1] In carrying
out the power and authority granted by ORS 351.140, the State Board of
Higher Education may borrow money and notes, bonds or other evidences of
indebtedness may be issued, secured by the pledge of the real property to
be acquired and revenues, as provided in ORS 351.140. Such evidences of
indebtedness shall be issued in accordance with the provisions of ORS
286.031 to 286.061. [Formerly 351.520]No obligation of any kind incurred under ORS 351.140
or 351.315 shall be, or be considered, an indebtedness of the State of
Oregon, or to create a general indebtedness of the State Board of Higher
Education. Any contract of purchase, note or bond or other obligation
issued by said board shall limit its payment to the property and income
or revenues pledged to secure its payment. [Formerly 351.530] The State Board of Higher Education may
prorate all expenses not otherwise provided for, incurred under authority
of ORS 351.040, 351.050, 351.090 to 351.110, 351.130 and 351.310 to the
institutions under its control, and pay the same from the funds available
for the general expenses of those institutions. All sums of money provided by law for the
support and maintenance of institutions and activities of higher learning
may be used for the payment of salaries of instructors and employees,
current expenses, construction of additional buildings, purchase of
lands, purchase of equipment, purchase of library books and periodicals,
purchase of laboratory supplies and apparatus, making necessary repairs
and, in general, for the payment of all such expenses connected with the
management of such institutions and activities of higher learning, as the
board may from time to time determine. However, such money in the
instruction budget of the board shall not be used to support hobby or
recreation courses. [Amended by 1957 c.370 §3; 1978 c.1 §3](Bonds)In order to provide funds for the purposes specified in Article
XI-G of the Oregon Constitution, bonds may be issued in accordance with
the provisions of ORS 286.031 to 286.061. [1963 c.584 §1; 1981 c.660 §24]
In order to provide funds for the purposes specified in Article XI-F(1),
Oregon Constitution, bonds may be issued in accordance with the
provisions of ORS 286.031 to 286.061. [Amended by 1955 c.88 §1; 1957
c.703 §1; 1959 c.127 §1; 1961 c.35 §1; 1963 c.10 §1; 1963 c.615 §1; 1967
c.404 §9; 1969 c.664 §8; 1971 c.709 §7; 1975 c.331 §11; 1981 c.539 §7;
1981 c.660 §25]Note: Sections 1 (3) and 6 to 9, chapter 787, Oregon Laws 2005,
provide:
Sec. 1. (3) The State Board of Higher Education shall determine the
academic modernization and repair projects to be undertaken with moneys
made available under subsection (1) of this section and section 2 (1)(a)
of this 2005 Act on the basis of the board’s determination of the most
critical deferred maintenance needs. In determining the deferred
maintenance needs, the board shall give priority to projects that protect
the health and safety of occupants and maintain the structural integrity
of facilities. [2005 c.787 §1(3)]
Sec. 6. (1) Pursuant to Article XI-G of the Oregon Constitution and
ORS 286.031 to 286.061 and 351.345, the State Board of Higher Education
may sell, with the approval of the State Treasurer, general obligation
bonds of the State of Oregon of the kind and character and within the
limits prescribed by Article XI-G of the Oregon Constitution, as the
board determines, but in no event may the board sell more than the
aggregate principal sum of $82,565,329 par value for the biennium
beginning July 1, 2005. The moneys realized from the sale of the bonds
shall be appropriated and may be expended for the purposes set forth in
section 2 (3)(h), (4)(f) and (8)(b), chapter 845, Oregon Laws 2001, and
section 2 (1)(a), (5)(f), (i) and (j), (6)(h) and (p) and (7)(e) of this
2005 Act and for payment for capitalized interest and costs incidental to
issuance of the bonds.
(2) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (1)(a) of this 2005 Act are matched with the General Fund
appropriation made under section 1 (1) of this 2005 Act.
(3) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (5)(f) of this 2005 Act are matched with the General Fund
appropriation made under section 10 of this 2005 Act [351.517].
(4) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (5)(i) of this 2005 Act are matched with the General Fund
appropriation made under section 11 of this 2005 Act [351.515].
(5) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (5)(j) of this 2005 Act are matched with the General Fund
appropriation made under section 12 of this 2005 Act [351.518].
(6) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (6)(h) of this 2005 Act are matched with the General Fund
appropriation made under section 13 of this 2005 Act [351.508].
(7) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (6)(p) of this 2005 Act are matched with the General Fund
appropriation made under section 14 of this 2005 Act [351.507].
(8) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 2 (7)(e) of this 2005 Act are matched with the General Fund
appropriation made under sections 1 and 15 [351.513] of this 2005 Act.
[2005 c.787 §6]
Sec. 7. Notwithstanding the expenditure limitations established
under sections 2 and 8 of this 2005 Act, the State Board of Higher
Education may increase any limit for expenditures from other revenues,
including federal funds, prescribed by sections 2 and 8 of this 2005 Act
for a specific project, if the expenditure limitation for bonds issued
pursuant to Article XI-F(1) or XI-G of the Oregon Constitution for the
project is reduced by the board in the same amount. [2005 c.787 §7]
Sec. 8. (1) Notwithstanding the expenditure limitations established
under section 2 of this 2005 Act, and subject to subsection (3) of this
section, the State Board of Higher Education may expend amounts that
exceed the expenditure limitations established under section 2 (2) to (8)
of this 2005 Act for bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution by the following percentage amounts:
(a) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $500,000 to $999,999
under section 2 of this 2005 Act, up to 12 percent of the expenditure
limitation for bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution.
(b) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $1,000,000 to
$4,999,999 under section 2 of this 2005 Act, up to eight percent of the
expenditure limitation for bonds issued pursuant to Article XI-F(1) of
the Oregon Constitution.
(c) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $5,000,000 to
$9,999,999 under section 2 of this 2005 Act, up to five percent of the
expenditure limitation for bonds issued pursuant to Article XI-F(1) of
the Oregon Constitution.
(d) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $10,000,000 or more
under section 2 of this 2005 Act, up to three percent of the expenditure
limitation for bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution.
(2) Notwithstanding the expenditure limitations established under
section 2 of this 2005 Act, and subject to subsection (3) of this
section, the State Board of Higher Education may expend amounts that
exceed the expenditure limitations established under section 2 (2) to (8)
of this 2005 Act for other revenues, including federal funds, by the
following percentage amounts:
(a) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $500,000 to $999,999
under section 2 of this 2005 Act, up to 12 percent of the expenditure
limitation for other revenues, including federal funds.
(b) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $1,000,000 to
$4,999,999 under section 2 of this 2005 Act, up to eight percent of the
expenditure limitation for other revenues, including federal funds.
(c) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $5,000,000 to
$9,999,999 under section 2 of this 2005 Act, up to five percent of the
expenditure limitation for other revenues, including federal funds.
(d) For a project with a combined approved General Fund
appropriation and total expenditure limitation of $10,000,000 or more
under section 2 of this 2005 Act, up to three percent of the expenditure
limitation for other revenues, including federal funds.
(3) The total amount by which the expenditure limitations
established under section 2 of this 2005 Act is exceeded under
subsections (1) and (2) of this section may not be greater than the sum
of the amounts established under section 2 (9) of this 2005 Act. [2005
c.787 §8]
Sec. 9. Notwithstanding ORS 351.345 and section 2 of this 2005 Act,
the State Board of Higher Education may issue bonds for a project listed
in section 2 (1)(a), (5)(f), (i) and (j), (6)(h) and (p) or (7)(e) of
this 2005 Act:
(1) If the total amount from other revenues, including federal
funds, identified for the project in the expenditure limitation in
section 2 of this 2005 Act has been received by the state board; or
(2) After reporting to the Emergency Board, if the total amount
from other revenues, including federal funds, identified for the project
in the expenditure limitation in section 2 of this 2005 Act has not been
received by the state board. [2005 c.787 §9]Note: Sections 2 and 3, chapter 788, Oregon Laws 2005, provide:
Sec. 2. (1) Pursuant to ORS 286.560 to 286.580, lottery bonds may
be issued by the Department of Higher Education for deferred maintenance
projects.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) Major subsystems within university buildings are wearing out
and must be replaced in order that universities have adequate facilities
for teaching.
(b) Having safe and fully functioning university facilities is
essential to Oregon’s healthy economic growth.
(3) The aggregate principal amount of lottery bonds issued pursuant
to subsection (1) of this section by the Department of Higher Education
for deferred maintenance projects may not exceed the amount of $19.43
million and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286.560. [2005
c.788 §2]
Sec. 3. (1) The Department of Higher Education Deferred Maintenance
Project Fund is established separate and distinct from the General Fund.
Interest earned by the Department of Higher Education Deferred
Maintenance Project Fund shall be credited to the fund.
(2) Net proceeds of lottery bonds issued pursuant to section 2 of
this 2005 Act shall be deposited into the Department of Higher Education
Deferred Maintenance Project Fund. Moneys in the fund are continuously
appropriated to the Department of Higher Education for deferred
maintenance projects. [2005 c.788 §3] (1) The State
Board of Higher Education may undertake the construction of an off-street
motor vehicle parking facility in Portland, Oregon, for higher education
pursuant to Article XI-F(1), Oregon Constitution, ORS 351.160 to 351.190,
351.350 to 351.460 and 351.505. The parking facility shall be for the use
of the students and staff members of the board. The board shall establish
the rates, charges and fees for use of the parking facility in accordance
with the provisions of ORS 351.170.
(2) Bonds may be sold to finance the facility described in this
section, in an amount authorized and under the conditions prescribed by
ORS 351.350. [1963 c.573 §2; 1967 c.67 §18; 1981 c.660 §26; 1991 c.220 §9] The
bonds may be sold to the State of Oregon or to the United States
Government without advertisement thereof for public sale. [Amended by
1957 c.703 §5; 1981 c.94 §31; 1981 c.660 §27] (1) The
moneys realized from sales of bonds issued to construct, improve, repair,
equip and furnish buildings and other structures for higher education,
and to purchase and improve sites therefor, shall be credited to a
special fund in the State Treasury separate and distinct from the General
Fund, to be designated the Higher Education Bond Building Fund.
(2) In the Higher Education Bond Building Fund there shall be:
(a) A separate subfund for the credit of moneys realized from sales
of bonds issued pursuant to Article XI-F(1) of the Oregon Constitution
and ORS 351.350;
(b) A separate subfund for the credit of moneys realized from sales
of bonds issued pursuant to Article XI-G of the Oregon Constitution and
ORS 351.345; and
(c) A separate subfund for the credit of moneys realized from the
sales of revenue bonds issued pursuant to ORS 288.855.
(3) The moneys received from the issuance of temporary bonds under
ORS 351.470 for the purpose of interim financing pending the sale of the
bonds shall also be credited to the appropriate subfund of the Higher
Education Bond Building Fund.
(4) The moneys in the fund are continuously appropriated to defray
the costs of the projects to be financed through sale of the bonds and
for the purpose of retiring temporary bonds issued under ORS 351.470 and
shall not be used for any other purpose, except that such moneys may,
with the approval of the State Treasurer, be invested until needed. If a
surplus remains after application to such purpose, the surplus, and
earnings from temporary investments, shall be credited to the Higher
Education Bond Sinking Fund by the appropriate subfund. [Amended by 1953
c.214 §2; 1957 c.703 §6; 1963 c.584 §6; 1981 c.660 §28; 1995 c.110 §2;
2003 c.14 §157; 2005 c.755 §24]Notwithstanding any other provisions of
law, the Department of Higher Education may expend moneys from the Higher
Education Bond Building Fund subfund established by ORS 351.450 including
moneys realized from the sale of bonds issued pursuant to Article XI-F(1)
of the Oregon Constitution and revenue bonds issued pursuant to ORS
288.855 and 351.350, for the planning, constructing, altering, repairing,
furnishing and equipping of buildings and facilities of the kind and
character prescribed by Article XI-F(1) of the Oregon Constitution and
for the acquisition of land. [1991 c.647 §4; reenacted by 1993 c.538 §3;
1995 c.110 §3]Note: 351.455 was made a part of ORS chapter 351 by legislative
action but was not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation.Notwithstanding any other provision of law, the Department
of Higher Education may expend moneys from the Higher Education Bond
Building Fund subfund established by ORS 351.450 including moneys
realized from the sale of bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution and ORS 351.350, for the planning, constructing,
altering, repairing, furnishing and equipping of buildings and facilities
of the kind and character prescribed by Article XI-F(1) of the Oregon
Constitution and for the acquisition of land. [1999 c.890 §4]Note: 351.456 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The State Board of
Higher Education shall maintain with the State Treasurer, a Higher
Education Bond Sinking Fund, separate and distinct from the General Fund.
The Higher Education Bond Sinking Fund shall comprise three separate
subfunds to provide for the payment of the principal of and the interest
upon the bonds issued under authority of Article XI-F(1) of the Oregon
Constitution and ORS 351.350, under authority of Article XI-G of the
Oregon Constitution and ORS 351.345, and revenue bonds issued under
authority of ORS 288.855. The moneys in the sinking fund are continuously
appropriated to the board for such purposes. The fund may be invested by
the State Treasurer, and the earnings from such investments shall be
credited to the appropriate subfunds of the fund.
(2) The Higher Education Bond Sinking Fund shall consist of all
moneys received from ad valorem taxes levied pursuant to ORS 291.445, all
moneys that the Legislative Assembly may provide in lieu of such taxes,
all of the net revenues received from the projects or undertakings for
the financing of which the bonds were issued, including gifts, grants and
building fees, such unpledged revenues of buildings and projects of like
character as shall be allocated by the board, all moneys received as
accrued interest upon bonds sold, all earnings from investments of the
fund and the proceeds of the sale of refunding bonds. Moneys credited to
the Higher Education Bond Sinking Fund shall be credited to the
appropriate subfunds of the fund.
(3) The board may credit the Higher Education Bond Sinking Fund
with moneys received from either a sale or interfund transfer of land,
buildings and facilities. When the land, buildings or facilities are
sold, or the use thereof is rededicated so that a transfer from one
subfund to the other is appropriate, the moneys received shall be
credited to the appropriate subfund.
(4) The board shall apply student building fees, revenues, gifts
and grants for the payment of the principal of and the interest upon the
bonds issued under authority of Article XI-F(1) of the Oregon
Constitution and ORS 351.350 and under authority of ORS 288.855 until
such time as the proper subfund of the sinking fund and investments
thereof, as supplemented by expected future income will, in the judgment
of the board, be sufficient to meet in full the principal of and the
interest upon all such outstanding bonds. Except for student building
fees, income not thus required for the sinking fund shall be transferred
to such other fund and account as the board shall designate. Student
building fees for buildings constructed from the proceeds of bonds issued
under Article XI-F(1) of the Oregon Constitution or ORS 288.855 shall be
applied only to those projects authorized under Article XI-F(1) of the
Oregon Constitution or ORS 288.855.
(5)(a) The board may not use the sinking fund for any purpose other
than the purposes for which the fund was created.
(b) Notwithstanding paragraph (a) of this subsection, the board may
transfer any surplus in the sinking fund to other funds designated by the
board if a balance remains in the sinking fund from sources other than
student building fees for buildings constructed from the proceeds of
bonds issued under Article XI-F(1) of the Oregon Constitution and:
(A) The purposes for which the fund was created have been
fulfilled; or
(B) A reserve sufficient to meet all existing and future
obligations and liabilities of the fund has been set aside. [Amended by
1963 c.584 §7; 1969 c.513 §1; 1973 c.809 §1; 1981 c.660 §29; 1989 c.311
§2; 1991 c.220 §10; 1995 c.110 §4; 2003 c.14 §158; 2005 c.755 §25] Pending receipt of the proceeds from the
expected sale of bonds under the provisions of ORS 351.345 to 351.460, to
the State of Oregon or to the United States Government or any agency
thereof, the State Board of Higher Education may, with the approval of
the State Treasurer, procure interim financing from the State of Oregon,
the United States Government or any agency thereof, or from any private
lending agency, by issuing to such private or public lending agency
temporary bonds, without advertisement of such bonds for sale, in order
to finance temporarily building projects authorized by the board pursuant
to Article XI-F(1) or Article XI-G of the Constitution of the State of
Oregon, ORS 288.855 and 351.160 (1) or (2), if the bond issue to be
temporarily financed by the issuance of temporary bonds has been
authorized by the State Board of Higher Education and a purchase plan has
been formulated with and is being considered by the State of Oregon or
the United States Government or any agency thereof. The proceeds from the
sale of the bonds shall be deposited in the Higher Education Bond
Building Fund and credited to the appropriate subfund of such fund, and
shall be used to retire the temporary bonds issued under this section.
The principal amount of temporary bonds issued under this section shall
not exceed the principal amount of the bond issue for which a purchase
plan has been formulated. The temporary bonds may be extended, renewed or
refunded but maturity dates shall in no event be later than two years
from the date of issue of the original temporary bonds for the related
building project. [1957 c.703 §8; 1963 c.584 §8; 1995 c.110 §5]
Outstanding bonds issued under article 3, chapter 36, title 111,
O.C.L.A., and chapter 41, title 111, O.C.L.A., shall continue to be valid
obligations until they are redeemed in full, and authority granted in
connection with said bonds shall continue in effect until they have been
so redeemed.
(Federal Funds) The State Board
of Higher Education may, in its discretion, accept financial assistance
and grants, either in the form of money or labor, from the United States
or any of its agencies, subject to the terms and conditions thereof,
regardless of any laws of this state in conflict with the regulations of
the federal government with respect thereto, and may also accept from
others any donation or grant of land or gift of money or other valuable
gift or thing, for any of the purposes contemplated by Article XI-F(1)
and Article XI-G of the Oregon Constitution, ORS 351.160 to 351.190,
351.345 to 351.460, 351.500 and 351.505. Unless enjoined by the terms or
conditions of any such gift or grant, the board may convert the same, or
(Funds and Accounts)
(1) There is established in the General Fund an account to be known as
the Oregon State University Animal Sciences Pavilion Account. Funds in
the account shall be used for the construction, remodeling, expansion and
renovation of facilities for an animal sciences education and research
pavilion at Oregon State University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the animal sciences pavilion project described in
subsection (1) of this section. Interest earned on moneys in the account
shall be credited to the account. The account may not be credited with
more than $4,000,000 in interest, donations and federal and local
government funds for purposes of this subsection.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the animal sciences pavilion project
described in subsection (1) of this section. [2005 c.787 §14]Note: 351.507, 351.508, 351.513, 351.515, 351.517 and 351.518 were
enacted into law by the Legislative Assembly but was not added to or made
a part of ORS chapter 351 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation. (1) There is
established in the General Fund an account to be known as the Oregon
State University Steam Plant Account. Funds in the account shall be used
for the construction, remodeling, expansion and renovation of facilities
for a steam plant at Oregon State University.
(2) The account shall consist of grant funds, loan funds, business
energy tax credit proceeds and federal and local government funds made
available to and funds donated to the Oregon University System for the
purpose of the steam plant project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to
the account. The account may not be credited with more than $12,000,000
in interest, donations, grant funds, loan funds, tax credit proceeds and
federal and local government funds for purposes of this subsection.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the steam plant project described in
subsection (1) of this section. [2005 c.787 §13]Note: See note under 351.507.(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 expansion of microscopy and materials characterization
facilities at Portland State University related to a signature research
center.
(2) The account shall consist of proceeds from lottery bonds made
available to the Oregon University System for the purpose of the Portland
State University center for nanoscience and nanotechnology project
described in subsection (1) of this section. Interest earned on moneys in
the account shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for the center for nanoscience and nanotechnology
project described in subsection (1) of this section. The account may not
be credited with more than $500,000 in interest and proceeds from lottery
bonds. [2003 c.725 §9]Note: 351.509, 351.519, 351.532 and 351.628 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS
chapter 351 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.(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 construction of an engineering science center at Portland State
University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the Portland State University Northwest Engineering
Science Center Phase I project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to
the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $26,500,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §8; 2003
c.674 §11]Note: 351.511, 351.516, 351.521, 351.524, 351.529, 351.533 and
351.534 were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 351 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) There is established in the General Fund an account to be
known as the Southern Oregon University Medford Instructional Facility
Account. Funds in the account shall be used for the construction,
remodeling, expansion and renovation of facilities for a joint
instructional facility in Medford for Southern Oregon University and
Rogue Community College.
(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 instructional 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
$2,550,000 in interest, donations and federal and local government funds
for purposes of this subsection.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the instructional facility project
described in subsection (1) of this section. [2005 c.787 §15]Note: See note under 351.507. (1) There is
established in the General Fund an account to be known as the University
of Oregon Theatre Complex Account. Funds in the account shall be used for
the construction, remodeling, expansion and renovation of facilities for
a theatre 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 theatre 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 $3,950,000
in interest, donations and federal and local government funds for
purposes of this subsection.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the theatre complex project described in
subsection (1) of this section. [2005 c.787 §11]Note: See note under 351.507.(1) There is established in the General
Fund an account to be known as the Eastern Oregon University Regional
Agricultural, Health and Life Sciences Building Account. Funds in the
account shall be used to construct a new building for agriculture, health
and life sciences studies at Eastern Oregon University.
(2) The account shall consist of proceeds from lottery bonds and
federal and local government funds made available to and funds donated to
the Oregon University System for the purpose of the Eastern Oregon
University Regional Agricultural, Health and Life Sciences Building
project described in subsection (1) of this section. Interest earned on
moneys in the account shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $14,470,500 in interest, proceeds from lottery bonds, donations
and federal and local government funds for purposes of this subsection.
[2001 c.845 §14; 2003 c.674 §12]Note: See note under 351.511.(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 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the education building and complex project
described in subsection (1) of this section. [2005 c.787 §10]Note: See note under 351.507. (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 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the Department of Higher
Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the Gilbert Hall project described in
subsection (1) of this section. [2005 c.787 §12]Note: See note under 351.507.
(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 construction, remodeling, expansion and
renovation of facilities for an integrative science complex at the
University of Oregon that includes a multiscale materials and devices
laboratory and other facilities related to a signature research center.
(2) The account shall consist of proceeds from lottery bonds made
available to the Oregon University System for the purpose of the
University of Oregon integrative science complex project described in
subsection (1) of this section. Interest earned on moneys in the account
shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for the integrative science complex project described in
subsection (1) of this section. The account may not be credited with more
than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725
§10]Note: See note under 351.509. (1) There is
established in the General Fund an account to be known as the University
of Oregon School of Music Account. Funds in the account shall be used for
additions and alterations to the School of Music at the University of
Oregon.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the University of Oregon School of Music project described
in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $7,600,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §10; 2003
c.674 §13]Note: See note under 351.511. (1) There is
established in the General Fund an account to be known as the Campus
Development Project Account. Funds in the account shall be used for
remodeling, expansion and renovation of the current Law School Building
and additions to Gilbert Hall.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Campus Development 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $5,700,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1997 c.584 §8; 2003
c.674 §14]Note: 351.523 and 351.528 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 351 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is
established in the General Fund an account to be known as the Southern
Oregon University Library Account. Funds in the account shall be used for
the construction of an addition to and the remodeling of a library at
Southern Oregon University.
(2) The account shall consist of proceeds from lottery bonds and
federal and local government funds made available to and funds donated to
the Oregon University System for the purpose of the Southern Oregon
University library 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $10,000,000 in interest, proceeds from lottery bonds, donations
and federal and local government funds for purposes of this subsection.
[2001 c.845 §13; 2003 c.674 §15]Note: See note under 351.511. (1) There is
established in the General Fund an account to be known as the Millar
Library Research Center Account. Funds in the account shall be used for
the construction of a library research center at Portland State
University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Millar Library Research Center 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $1,431,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §11; 2003
c.674 §16]Note: 351.526 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) There is
established in the General Fund an account to be known as the Urban
Center Phase I Project Account. Funds in the account shall be used for
construction, remodeling and acquisition of land for the Urban Center
Phase I.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Urban 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account shall not be credited with
more than $7,865,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1997 c.584 §9; 2003
c.674 §17]Note: See note under 351.523.
(1) There is established in the General Fund an account to be known as
the Portland State University Native American Center Account. Funds in
the account shall be used for construction of a Native American center at
Portland State University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the Portland State University Native American Center
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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department Higher
Education for that purpose. The account may not be credited with more
than $1,200,000 in interest, donations and federal and local government
funds for purposes of this subsection. [2001 c.845 §9; 2003 c.674 §18]Note: See note under 351.511.(1) There is established in the General Fund an account
to be known as the Oregon State University Engineering Capital
Construction Remodel Account. Funds in the account shall be used for the
remodel of Graf Hall and adjacent buildings at Oregon State University
for a microproducts breakthrough institute related to a signature
research center.
(2) The account shall consist of proceeds from lottery bonds made
available to the Oregon University System for the purpose of the Oregon
State University capital construction project described in subsection (1)
of this section. Interest earned on moneys in the account shall be
credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for the capital construction project described in
subsection (1) of this section. The account may not be credited with more
than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725
§8]Note: See note under 351.509.(1) There is established in the General Fund an account to be
known as the Oregon State University College of Veterinary Medicine
Account. Funds in the account shall be used for the construction of a new
building for the College of Veterinary Medicine at Oregon State
University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the Oregon State University College of Veterinary Medicine
building project described in subsection (1) of this section. Interest
earned on moneys in the account shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $4,000,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §12; 2003
c.674 §19]Note: See note under 351.511. (1)
There is established in the General Fund an account to be known as the
Oregon State University Engineering Building Account. Funds in the
account shall be used for the construction of an engineering building at
Oregon State University.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purpose of the Oregon State University engineering building project
described in subsection (1) of this section. Interest earned on moneys in
the account shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $20,000,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §11; 2001
c.849 §3; 2003 c.674 §20]Note: See note under 351.511. (1) There is
established in the General Fund an account to be known as the Allen Hall
Phase II Project Account. Funds in the account shall be used for the
remodeling of Allen Hall at the University of Oregon.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Allen Hall Phase II 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 shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $561,800 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §12; 2003
c.674 §21]Note: 351.537 to 351.539 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 351 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is established in
the General Fund an account to be known as the Museum of Art Project
Account. Funds in the account shall be used for additions to and
alterations of the Museum of Art at the University of Oregon.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Museum of Art project described in subsection (1) of
this section. Interest earned on moneys in the account shall be credited
to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $6,360,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §13; 2003
c.674 §22]Note: See note under 351.537. (1) There is established in
the General Fund an account to be known as the Straub Hall Project
Account. Funds in the account shall be used for the additions to and
alterations of Straub Hall at the University of Oregon.
(2) The account shall consist of federal and local government funds
made available to and funds donated to the Oregon University System for
the purposes of the Straub Hall project described in subsection (1) of
this section. Interest earned on moneys in the account shall be credited
to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with
more than $1,166,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §14; 2003
c.674 §23]Note: See note under 351.537. (1) Unless otherwise
provided by law, or by federal order or regulation with respect to
federal funds, the State Board of Higher Education, with the approval of
the State Treasurer, may deposit with the State Treasurer any moneys
coming into its possession. Moneys so deposited shall be credited by the
State Treasurer to a special checking account.
(2) The moneys in the special checking account are continuously
appropriated to the Department of Higher Education. The special checking
account may be used for the purpose of clearing items subject to
subsequent debit or credit to state funds.
(3) Disbursements may be made by check or order of the board upon
the State Treasurer, signed by such officer or administrative head as the
board, by motion or resolution, nominates for that purpose. Disbursements
shall be made only in payment of claims authorized by law for the
ordinary expenditures of the State Board of Higher Education incurred in
the operation of the state institutions of higher learning.
(4) Funds in the account established under subsection (1) of this
section may be held as petty cash or carried with the State Treasurer in
segregated subaccounts, to be disbursed in accordance with subsection (3)
of this section. With the approval of the State Treasurer, petty cash
funds may be deposited in banks for safekeeping purposes and disbursed
therefrom in payment of claims authorized by law by employees of the
board authorized by the disbursing officer. The board’s duly designated
disbursing officer from time to time shall reimburse the petty cash funds
or subaccounts upon the presentation of satisfactory evidence of
disbursements therefrom pursuant to law. [Amended by 1967 c.454 §31; 1979
c.479 §1; 2003 c.674 §24] (1)
The State Board of Higher Education shall maintain with the State
Treasurer, a Higher Education Isolation Facility Bond Sinking Fund,
separate and distinct from the General Fund. The Higher Education
Isolation Facility Bond Sinking Fund shall provide for the payment of
principal and interest of bonds issued under the authority of Article
XI-F(1) of the Oregon Constitution and ORS 351.350 in an amount equal to
the amount authorized for expenditure by section 3 (2)(b), chapter 709,
Oregon Laws 1971, and expended as provided therein. The sinking fund may
be invested by the State Treasurer, and the earnings from such
investments shall be credited to the sinking fund.
(2) The Higher Education Isolation Facility Bond Sinking Fund shall
consist of moneys received as net revenues from the isolation facilities
for which the expenditure of funds is authorized by section 3 (2)(b),
chapter 709, Oregon Laws 1971, including gifts, grants and building fees,
moneys received as accrued interest on bonds sold, earnings from
investments on the sinking fund, the proceeds of the sale of refunding
bonds and any accrued interest on such refunding bonds, moneys
appropriated to the sinking fund by the Legislative Assembly and moneys
received for the purposes of the sinking fund from all other sources. All
moneys in the sinking fund are continuously appropriated to the board for
the purposes provided in subsection (1) of this section.
(3) The sinking fund shall not be used for any purpose other than
that for which the fund was created; but should a balance remain therein
after the purpose for which the fund was created has been fulfilled, or
the sinking fund and investments thereof, will, in the judgment of the
board, be sufficient to meet in full the principal of and the interest
upon all Higher Education Isolation Facility bonds then such excess funds
may be transferred by the board to funds to be used for research related
to veterinary medicine. [1971 c.688 §3; 1973 c.809 §2; 1975 c.550 §13;
1977 c.281 §5; 1977 c.855 §19; 1981 c.660 §31; 1987 c.452 §1; 1995 c.79
§193; 1995 c.110 §6] (1) The State
Board of Higher Education shall maintain with the State Treasurer a fund,
separate and distinct from the General Fund, known as the Higher
Education Student Activities Fund in which shall be deposited all revenue
from incidental fees, optional fees, health services fees and all
operating revenue from intercollegiate athletics, student unions and
educational activities.
(2) The moneys in the Higher Education Student Activities Fund are
continuously appropriated to the Department of Higher Education.
Disbursements from the fund, including any interest credited thereto, may
be made for necessary expenses for supplies, services and equipment
associated with student activities including but not limited to
recruiting, training and grant-in-aid to intercollegiate athletes.
(3) The fund may be invested by the State Treasurer, and the
earnings from such investments shall be credited to the fund. The State
Board of Higher Education shall distribute annually the total interest
earnings proportionately to each institution based on each institution’s
average cash balance in the fund. [1975 c.558 §7; 1987 c.256 §1; 1989
c.966 §36; 1995 c.110 §7; 2003 c.674 §25]Moneys set aside by higher education
auxiliary activities for repair and alteration of buildings and
replacement of equipment shall be credited to a special fund in the State
Treasury, separate and distinct from the General Fund, to be designated
Higher Education Auxiliary Enterprise Building Repair and Equipment
Replacement Fund. The fund may be invested by the State Treasurer, and
the earnings from such investments will be credited to the fund for
distribution to the several auxiliary activities in accord with rules to
be adopted by the board. The moneys in the Higher Education Auxiliary
Enterprise Building Repair and Equipment Replacement Fund are
continuously appropriated for the repair and alteration of auxiliary
enterprise buildings and replacement of equipment as designated by the
board, after hearing any recommendations by recognized student
governments. [1979 c.106 §2; 1995 c.110 §8]
(1) The Department of Higher Education Capital Construction Fund is
established separate and distinct from the General Fund. Interest earned
on moneys in the Department of Higher Education Capital Construction Fund
shall be credited to the fund.
(2) Moneys in the Department of Higher Education Capital
Construction Fund are appropriated continuously to the Department of
Higher Education and may be disbursed by the department for the
construction, remodeling, expansion and renovation of facilities within
the Oregon University System. [2005 c.787 §16]Note: 351.626 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) There is
created a Higher Education Capital Construction Fund, separate and
distinct from the General Fund, to consist of all moneys credited
thereto, including moneys from the Administrative Services Economic
Development Fund. Interest earned by the fund shall be credited to the
fund. The fund is continuously appropriated to the State Board of Higher
Education for purposes of capital construction.
(2) No building, facility or project to be funded from the Higher
Education Capital Construction Fund shall be commenced and no expenditure
therefor shall be made or incurred except for land purchases,
architectural or engineering planning until a plan therefor has been
submitted by the State Board of Higher Education to and approved by the
Emergency Board. [1985 c.828 §5; 1989 c.966 §§37,73] (1) There
is established in the General Fund an account to be known as the Higher
Education Academic Modernization Account. Funds in the account shall be
used at state institutions of higher education within the Oregon
University System for academic modernization, capital repair, deferred
maintenance and making facilities compliant with building and safety
codes.
(2) The account shall consist of funds donated to the Oregon
University System for the purposes described in subsection (1) of this
section. The account may also consist of other funds available to the
Oregon University System for the purposes described in subsection (1) of
this section. The Department of Higher Education may not deposit any
moneys into the account that were appropriated to the department under
chapter 725, Oregon Laws 2003. Interest earned on moneys in the account
shall be credited to the account.
(3) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, and are continuously appropriated to the Department of
Higher Education for the purposes described in subsection (1) of this
section. The account may not be credited with more than $1,000,000 in
interest, donations and other funds. [2003 c.725 §12]Note: See note under 351.509.Note: Legislative Counsel has substituted “chapter 725, Oregon Laws
2003,” for the words “this 2003 Act” in section 12, chapter 725, Oregon
Laws 2003, compiled as 351.628. Specific ORS references have not been
substituted, pursuant to 173.160. The sections for which substitution
otherwise would be made may be determined by referring to the 2003
Comparative Section Table located in Volume 20 of ORS.Any contract entered into by the State Board of Higher
Education to be paid from the Higher Education Capital Construction Fund
for which there are insufficient funds therein at the time the contract
is entered into must contain a provision authorizing cancellation thereof
if the funds do not become available. [1985 c.828 §6] (1) A Faculty Recruitment Fund is
created in the General Fund of the State Treasury. All moneys in the fund
are appropriated continuously and shall be expended by the State Board of
Higher Education for the purpose of attracting new, outstanding faculty
members to the institutions in the Oregon University System. This purpose
includes payment of costs incurred in relocating new faculty, retraining
necessary teaching assistants for new faculty, acquisition of equipment
such as laboratory equipment and facilities to support research by new
faculty, payment of other costs incurred in recruiting new faculty and
payment of costs associated with committing salary supplements to newly
recruited faculty over a period of more than one year.
(2) The state board shall seek funds from private sources for
deposit to the credit of the fund. Funds from other sources shall not be
transferred or credited to the fund without prior authorization of the
appropriate legislative review agency as described in ORS 291.375 (1).
[1987 c.630 §1]STUDENTS
(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 any educational institution in this state that is under the
control of the State Board of Higher Education.
(3) The State Board of Higher Education may contract with the Armed
Forces of the United States to furnish educational service in Oregon
institutions to active members of the Armed Forces of the United States.
(4) The State Board of Higher Education shall determine the number
of such students that should be accepted and shall make final decisions
on admission of individual applicants.
(5) Students attending Oregon institutions 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 the State Treasury and credited to
the accounts of the State Board of Higher Education in the same manner
that fees and tuition payments for resident students are deposited and
credited. [1987 c.162 §7; 1989 c.264 §3; 2003 c.242 §1](1) A student at a state institution of higher education 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 practice of the state
institution of higher education for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject to
the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 351.644 for all amounts
paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the state institution of
higher education, the right to be readmitted and reenrolled at the state
institution of higher education within one year after release from active
duty without a requirement of redetermination of admission eligibility;
and
(d) The right to continuation of scholarships and grants awarded to
the student that were funded by the state institution of higher education
or the Oregon Student Assistance 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 state institution of higher
education may not:
(a) Give the student academic credit for the course from which the
student withdraws;
(b) Give the student a failing grade or a grade of incomplete or
make any other negative annotation on the student’s record; or
(c) Alter the student’s grade point average due to the student’s
withdrawal from the course.
(3) A student who elects to continue and complete a course for full
credit under subsection (1)(a)(C) of this section is subject to the
following conditions:
(a) Course sessions the student misses due to active duty shall be
counted as excused absences and may not adversely impact the student’s
grade for the course or rank in the student’s class.
(b) The student may not be automatically excused from completing
course assignments due during the period the student serves on active
duty.
(c) A letter grade or a grade of pass may be awarded only if, in
the opinion of the teacher of the course, the student completes
sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.
(4) The State Board of Higher Education shall adopt rules for the
administration of this section.
(5) As used in this section, “member of the military” means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any other
state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States. [2005 c.170 §5; 2005 c.836 §16](1)(a) The amount of the credit specified
in ORS 351.643 (1)(b) shall be based on:
(A) The amount of room and board paid by the student for a term
that the student does not complete because the student is ordered to
active duty; and
(B) The amount of tuition and fees paid by the student for a course
from which the student withdraws.
(b) The amount of the credit shall be prorated based on the number
of weeks remaining in the term or course when the student withdraws.
(c) At the time a student withdraws from a course at a state
institution of higher education or from the state institution of higher
education, 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 state institution of higher education under ORS
351.643 (1)(c); or
(B) As a monetary payment.
(2) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section may change the method
of claiming the credit to the method described in subsection (1)(c)(B) of
this section by giving notice to the state institution of higher
education from which the student withdraws.
(3) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section must use the credit or
change the method of claiming the credit under subsection (2) of this
section within one year after release from active duty.
(4) A personal representative of a student who elected to claim the
credit by the method described in subsection (1)(c)(A) of this section
may claim a monetary payment upon presenting evidence to the state
institution of higher education that the student died while serving on
active duty.
(5) The State Board of Higher Education shall adopt rules for the
administration of this section, including rules that determine the amount
of credit and the method by which the credit is prorated. [2005 c.170 §6]A state institution of higher education listed in ORS
352.002 shall give credit for education and training obtained by a person
while serving in the Armed Forces of the United States, as defined in ORS
351.642. The education and training for which credit may be given must
meet the standards adopted by the State Board of Higher Education by
rule. [2005 c.518 §3]Note: Section 6, chapter 518, Oregon Laws 2005, provides:
Sec. 6. Sections 1 to 5 of this 2005 Act [341.533, 351.646,
353.205] first apply to the 2006-2007 academic year. [2005 c.518 §6]Note: 351.646 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The Legislative Assembly finds that:
(1) It is in the interest of this state and its people that Oregon
residents have access to the post-secondary institutions in the Northwest
which best provide for the educational needs of those students;
(2) The people of Oregon and their post-secondary institutions
benefit through the provision of access to Oregon colleges and
universities for students from the state of Washington and from the
enhanced economic and cultural well-being of the northwest region;
(3) The state should reduce or eliminate the nonresident tuition
barriers which might exist between the states of Oregon and Washington to
restrict or inhibit enrollment of residents of one of these states in a
community college or public college or university in the other state;
(4) The general policy statement on reduction of admission and
tuition barriers between the states of Oregon and Washington shall not
apply to students at the Oregon Health and Science University, where
enrollment priority shall continue to be given to qualified Oregon
residents; and
(5) The State Board of Higher Education and the State Board of
Education shall develop plans to carry out the intent of this policy
within the appropriations available, and shall report to the appropriate
legislative review agency before implementing the plan. [Formerly 351.073] (1) In addition to any interstate
agreements entered into under ORS 351.647, the Governor shall encourage
interstate agreements with Washington, Idaho and California. Such
agreements shall be in accordance with ORS 190.410 to 190.440 and shall:
(a) Provide for full-time equivalent reimbursement to this state
for any students from another state who enroll in an Oregon public
post-secondary institution pursuant to the agreement;
(b) Provide that only students who reside in counties that share a
common border with this state may participate in any program developed
pursuant to such an agreement; and
(c) Provide that the county government or other similar county-wide
public organization of any county involved in the agreement shall provide
or arrange to provide a portion of the costs of attendance for
participating students.
(2) Any public post-secondary institution entering into an
interstate agreement under this section shall send a copy of the
agreement to the Governor and the State Board of Education.
(3) The provisions of this section shall not apply to interstate
agreements entered into pursuant to ORS 351.647. [1997 c.521 §5]Note: 351.653 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 351 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ENGINEERING EDUCATION(1) The State Board of Higher
Education shall establish an Engineering and Technology Industry Council.
A majority of the council members shall be representatives of high
technology companies in Oregon. The council shall be consulted on the
work plans and resource allocations for engineering education.
(2) The council shall establish criteria and measurements that will
be used for determining investments made from the Oregon Engineering
Education Investment Fund.
(3) The criteria and measurements established by the council shall
include:
(a) Responding to the urgent engineering educational needs of
Oregon’s fast growing high technology industry, especially in the
Portland metropolitan area.
(b) Increasing this state’s faculty and program capacity to meet
the graduate level, professional education needs of engineers working in
Oregon’s high technology industry through investments in public and
private institutions.
(c) Creating additional opportunities for Oregonians to pursue
education in electrical engineering, computer engineering and other
engineering disciplines critical to the advancement of Oregon’s high
technology industry.
(d) Investing relatively scarce state financial resources to:
(A) Address the high technology industry’s most demonstrated and
pressing needs;
(B) Produce the greatest amount of educational benefits with the
least short- and long-term costs to the public;
(C) Avoid duplicating existing public or private resources; and
(D) Leverage existing and future private resources for the public
benefit.
(e) Making all investments in public and private institutions
through performance-based contracts with measurable outcomes in order to
ensure strong linkage between the most urgent engineering education needs
and implemented solutions.
(f) Maximizing the leverage of state investment funds to build
faculty and program capacity and share existing and new faculty and
program resources.
(4) Priority shall be given to investments where private financial
resources from Oregon high technology companies or individuals with
significant interests in the growth of high technology in Oregon are made
available to augment public funds.
(5) The council shall submit biennial performance reviews of all
investments made to improve engineering education with public funds in
public and private institutions. The reviews shall be submitted to the
Chancellor of the Oregon University System and the State Board of Higher
Education. [1997 c.641 §3]Note: 351.663, 351.666 and 351.668 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
351 or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
(1) There is established an Oregon Engineering Education Investment Fund,
separate and distinct from the General Fund. Interest earned by the
Oregon Engineering Education Investment Fund shall be credited to the
fund.
(2) The moneys in the fund are appropriated continuously to the
Department of Higher Education for the purpose of investments in
engineering education.
(3) There is established a goal of at least $100 million that will
be invested in engineering education through the fund prior to July 1,
2007. [1997 c.641 §1]Note: See note under 351.663. The State Board of Higher Education
shall use the money from the Oregon Engineering Education Investment Fund
solely for the purpose of investing in engineering education. The board
shall follow the criteria and measurements established by the Engineering
and Technology Industry Council in allocating money for investments in
engineering education. [1997 c.641 §2]Note: See note under 351.663.VENTURE GRANT PROGRAM The State
Board of Higher Education shall adopt policies that prescribe the
requirements for a venture grant program and the requirements that a
grant applicant must meet in order to receive grant moneys from a
university venture development fund, including requirements:
(1) That a grant recipient remain within this state for at least
five years following the receipt of a grant or repay the grant plus
interest;
(2) That each university that establishes a venture development
fund report amounts of tax credit certificates issued by the university
and maintain records of licensing and royalty revenue received by the
university as the result of grants made from the fund under ORS 351.697
(4) and records of amounts paid to the General Fund under ORS 351.697
(4); and
(3) Under which the Oregon University System is to maintain records
and issue directions to universities that have established venture
development funds relating to when universities must cease issuing
certificates, in order to ensure that the total amount contributed to
university venture development funds within the Oregon University System
does not exceed $10 million. [2005 c.592 §2]Note: 351.692, 351.695 and 351.697 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
351 or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation. (1) At the
request of a university within the Oregon University System, the State
Treasurer shall establish one or more university venture development
funds for the university within the State Treasury.
(2) Each university venture development fund established under
subsection (1) of this section may be used for the receipt and
disbursement of funds as described in ORS 351.697 and policies adopted
under ORS 351.692. The State Treasurer may invest moneys deposited in a
university venture development fund. Interest earned by moneys in a
university venture development fund shall be credited to the fund. [2005
c.592 §7]Note: See note under 351.692. (1) Each university in
the Oregon University System and Oregon Health and Science University may
elect to establish a university venture development fund for the purpose
of facilitating the commercialization of university research and
development.
(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 a foundation supporting university
activities, solicit contributions to the fund from contributors;
(c) Subject to ORS 315.521 (1), 351.692 (3) and 353.445 (3), issue
tax credit certificates to contributors to the fund in the amount of the
contributions;
(d) Establish a grant program that meets the requirements for a
venture grant program under policies adopted by the State Board of Higher
Education under ORS 351.692 or under policies adopted by the Oregon
Health and Science University Board of Directors under ORS 353.445; and
(e) Subject to available moneys from the fund, provide qualified
grant applicants with moneys to transform research and development
concepts undertaken by the university into commercially viable products
and services.
(4) A university that has established a university venture
development fund shall monitor the use of grants made from the fund and
identify sources of income received by the university as the result of
the use of grants to convert research and development concepts into
commercially viable products and services. The university shall transfer
20 percent of the received income to the General Fund, until the amount
transferred to the General Fund equals the amount of tax credits claimed
due to contributions to the fund. [2005 c.592 §1]Note: See note under 351.692.WESTERN REGIONAL HIGHER EDUCATION COMPACT The
Western Regional Higher Education Compact is ratified and approved and
the adherence of this state to its provisions, upon ratification and
approval by any five or more of the states or territories therein named,
is declared. The terms and provisions of the compact
referred to in ORS 351.770 are as follows:
___________________________________________________________________________
___ARTICLE I
Whereas the future of this nation and of the western states is
dependent upon the quality of the education of its youth; and
Whereas many of the western states individually do not have
sufficient numbers of potential students to warrant the establishment and
maintenance within their borders of adequate facilities in all of the
essential fields of technical, professional and graduate training, nor do
all of the states have the financial ability to furnish within their
borders institutions capable of providing acceptable standards of
training in all of the fields mentioned above; and
Whereas it is believed that the western states, or groups of such
states within the region, cooperatively can provide acceptable and
efficient educational facilities to meet the needs of the region and of
the students thereof:
Now, therefore, the states of Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming and the
territories of Alaska and Hawaii do hereby covenant and agree as follows:
ARTICLE II
Each of the compacting states and territories pledges to each of
the other compacting states and territories faithful cooperation in
carrying out all the purposes of this compact.
ARTICLE III
The compacting states and territories hereby create the Western
Interstate Commission for Higher Education, hereinafter called the
commission. Said commission shall be a body corporate of each compacting
state and territory and an agency thereof. The commission shall have all
the powers and duties set forth herein, including the power to sue and be
sued, and such additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting states
and territories.
ARTICLE IV
The commission shall consist of three resident members from each
compacting state or territory. At all times one commissioner from each
compacting state or territory shall be an educator engaged in the field
of higher education in the state or territory from which he is appointed.
The commissioners from each state and territory shall be appointed
by the Governor thereof as provided by law in such state or territory.
Any commissioner may be removed or suspended from office as provided by
the law of the state or territory from which he shall have been appointed.
The terms of each commissioner shall be four years; provided,
however, that the first three commissioners shall be appointed as
follows: One for two years, one for three years, and one for four years.
Each commissioner shall hold office until his successor shall be
appointed and qualified. If any office becomes vacant for any reason, the
Governor shall appoint a commissioner to fill the office for the
remainder of the unexpired term.
ARTICLE V
Any business transacted at any meeting of the commission must be by
affirmative vote of a majority of the whole number of compacting states
and territories.
One or more commissioners from a majority of the compacting states
and territories shall constitute a quorum for the transaction of business.
Each compacting state and territory represented at any meeting of
the commission is entitled to one vote.
ARTICLE VI
The commission shall elect from its number a chairman and a vice
chairman, and may appoint, and at its pleasure dismiss or remove, such
officers, agents and employees as may be required to carry out the
purpose of this compact; and shall fix and determine their duties,
qualifications and compensation, having due regard for the importance of
the responsibilities involved.
The commissioners shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses from the funds of the
commission.
ARTICLE VII
The commission shall adopt a seal and bylaws and shall adopt and
promulgate rules and regulations for its management and control.
The commission may elect such committees as it deems necessary for
the carrying out of its functions.
The commission shall establish and maintain an office within one of
the compacting states for the transaction of its business and may meet at
any time, but in any event must meet at least once a year. The chairman
may call upon such additional meetings and upon the request of a majority
of the commissioners of three or more compacting states or territories
shall call additional meetings.
The commission shall submit a budget to the Governor of each
compacting state and territory at such time and for such period as may be
required.
The commission shall, after negotiations with interested
institutions, determine the cost of providing the facilities for graduate
and professional education for use in its contractual agreements
throughout the region.
On or before the fifteenth day of January of each year the
commission shall submit to the governors and legislatures of the
compacting states and territories a report of its activities for the
preceding calendar year.
The commission shall keep accurate books of account, showing in
full its receipts and disbursements, and said books of account shall be
open at any reasonable time for inspection by the Governor of any
compacting state or territory or his designated representative. The
commission shall not be subject to the audit and accounting procedure of
any of the compacting states or territories. The commission shall provide
for an independent annual audit.
ARTICLE VIII
It shall be the duty of the commission to enter into such
contractual agreements with any institutions in the region offering
graduate or professional education and with any of the compacting states
or territories as may be required in the judgment of the commission to
provide adequate services and facilities of graduate and professional
education for the citizens of the respective compacting states or
territories. The commission shall first endeavor to provide adequate
services and facilities in the fields of dentistry, medicine, public
health and veterinary medicine, and may undertake similar activities in
other professional and graduate fields.
For this purpose the commission may enter into contractual
agreements:
(a) With the governing authority of any educational institution in
the region, or with any compacting state or territory, to provide such
graduate or professional educational services upon terms and conditions
to be agreed upon between contracting parties, and
(b) With the governing authority of any educational institution in
the region or with any compacting state or territory to assist in the
placement of graduate or professional students in educational
institutions in the region providing the desired services and facilities,
upon such terms and conditions as the commission may prescribe.
It shall be the duty of the commission to undertake studies of
needs for professional and graduate educational facilities in the region,
the resources for meeting such needs, and the long-range effects of the
compact on higher education; and from time to time prepare comprehensive
reports on such research for presentation to the Western Governors’
Conference and to the legislatures of the compacting states and
territories. In conducting such studies, the commission may confer with
any national or regional planning body which may be established. The
commission shall draft and recommend to the Governors of the various
compacting states and territories uniform legislation dealing with
problems of higher education in the region.
For the purposes of this compact the word “region” shall be
construed to mean the geographical limits of the several compacting
states and territories.
ARTICLE IX
The operating costs of the commission shall be apportioned equally
among the compacting states and territories.
ARTICLE X
This compact shall become operative and binding immediately as to
those states and territories adopting it whenever five or more of the
states or territories of Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii
have duly adopted it prior to July 1, 1953. This compact shall become
effective as to any additional states or territories adopting thereafter
at the time of such adoption.
ARTICLE XI
This compact may be terminated at any time by consent of a majority
of the compacting states or territories. Consent shall be manifested by
passage and signature in the usual manner of legislation expressing such
consent by the legislature and Governor of such terminating state. Any
state or territory may at any time withdraw from this compact by means of
appropriate legislation to that end. Such withdrawal shall not become
effective until two years after written notice thereof by the Governor of
the withdrawing state or territory, accompanied by a certified copy of
the requisite legislative action, is received by the commission. Such
withdrawal shall not relieve the withdrawing state or territory from its
obligations hereunder accruing prior to the effective date of withdrawal.
The withdrawing state or territory may rescind its action of withdrawal
at any time within the two-year period. Thereafter, the withdrawing state
or territory may be reinstated by application to and the approval by a
majority vote of the commission.
ARTICLE XII
If any compacting state or territory shall at any time default in
the performance of any of its obligations assumed or imposed in
accordance with the provisions of this compact, all rights, privileges
and benefits conferred by this compact or agreements hereunder, shall be
suspended from the effective date of such default as fixed by the
commission.
Unless such default shall be remedied within a period of two years
following the effective date of such default, this compact may be
terminated with respect to such defaulting state or territory by
affirmative vote of three-fourths of the other member states or
territories.
Any such defaulting state may be reinstated by: (a) performing all
acts and obligations upon which it has heretofore defaulted, and (b)
application to and the approval by a majority vote of the commission.
___________________________________________________________________________
___ Upon ratification and approval
of the Western Regional Higher Education Compact by any five or more of
the specified states or territories, the Governor of this state shall
execute the compact on behalf of this state and perform any other acts
which may be deemed requisite to its formal ratification and promulgation. (1) The
Governor shall appoint the Oregon members of the Western Interstate
Commission for Higher Education.
(2) The qualifications and terms of office of the members of the
commission for this state shall conform with the provisions of Article IV
of the compact.
(3) The Governor may remove a member of the commission for cause
after notice and public hearing. The
State Board of Higher Education, 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. [1953 c.205 §1;
1995 c.162 §71](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 and the Oregon Health
and Science University Board of Directors the amount to be included in
its biennial budget to cover the cost of such educational service for
students enrolled in their respective institutions.
(2) The State Board of Higher Education 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 shall make payments required by
such contracts out of the money appropriated to it 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. [1953 c.205 §§2,3; 1969 c.277 §1; 1995 c.162
§72](1) Any Oregon resident desiring to take advantage
of the Western Regional Higher Education Compact may make application to
the State Board of Higher Education for out-of-state educational service.
From such applicants the board shall select students to fill the quotas
determined under ORS 351.820.
(2) The board and the Oregon members of the Western Interstate
Commission for Higher Education shall jointly establish criteria to be
observed by the board in making such selections.
(3) The board shall certify the names of the students selected to
the Western Interstate Commission for Higher Education and to the
out-of-state institution to which each student desires admission. [1953
c.205 §4](1) The State Board of
Higher Education 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
institutions to out-of-state students.
(2) The State Board of Higher Education 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
institutions, and shall make final decisions on admission of individual
applicants.
(3) Payments made by the commission under such contracts shall be
deposited in the State Treasury and credited to the accounts of the State
Board of Higher Education for students enrolled in institutions under the
jurisdiction of that board in the same manner that fees and tuition
payments for resident students are deposited and credited. The estimated
amount of such payments shall be considered by the board in making its
biennial budgetary requests. Payments made by the commission under such
contracts shall be deposited with the Oregon Health and Science
University for students who enroll in that university under the terms of
such contracts. [1953 c.205 §5; 1995 c.56 §1; 1995 c.162 §73]RESEARCH POLICY As used in ORS
351.865 to 351.890, “basic research” is defined as scholarly
investigation conducted to obtain new knowledge for its own sake. [1983
c.429 §2] (1) The
Legislative Assembly finds and declares that basic research is
fundamental to the continuation and expansion of applied research and is
thus a necessary ingredient in economic growth. The Legislative Assembly
further finds that basic research is itself an important activity which
should be promoted.
(2) It is the policy of this state that basic research is an
appropriate and necessary activity of our public universities. Further,
the State of Oregon has an obligation with other states and the federal
government to encourage and finance basic research if the state and
nation are to be active participants in a future which will require ever
increasing levels of knowledge and understanding.
(3) The Legislative Assembly acknowledges that a characteristic of
basic research is that no defined result can be guaranteed and asserts
that only through scholarly investigation can knowledge be advanced to be
later developed and applied.
(4) The Legislative Assembly believes that moneys for basic
research should be regularly appropriated and that such moneys should be
used for support of qualified investigators and funding of research
projects.
(5) The Legislative Assembly intends that in implementing the
policy on basic research or any other research policy, the State Board of
Higher Education, in keeping with the principle of academic freedom,
shall insure open and free inquiry and publication in all institutions
under its jurisdiction. [1983 c.429 §§3,4,5,6; 1987 c.731 §1] (1) There is hereby created
within the State Treasury a fund, separate and distinct from the General
Fund, to be known as the Basic Research Fund. Moneys may be credited to
the fund from any public or private source. Interest earnings of the fund
from whatever source shall be credited to the fund.
(2) The fund shall be administered by the State Board of Higher
Education according to policies and procedures adopted pursuant to ORS
351.880 and 351.885.
(3) Expenditures from the fund shall take the form of grants for a
time certain and may extend beyond the biennium in which the expenditure
is made. Grants may not be used for capital construction. [1983 c.429 §7] For the
purpose of recommending policies and procedures for the administration of
the fund, the board shall establish a Council for Research Policy
Recommendations. [1983 c.429 §8] (1) With the advice and
recommendations of the council, the board shall adopt policies and
procedures for the administration of the fund.
(2) The policies and procedures shall give consideration to:
(a) The promotion of basic research of the highest caliber within
our public universities;
(b) The identification of areas of inquiry which should be
supported so as to recognize both the intrinsic value and extrinsic
economic value of basic research;
(c) The capacity of each university to decide where basic research
moneys could best be spent within that university;
(d) Administrative and accounting requirements which place upon the
university receiving moneys from the fund a minimum burden sufficient to
guarantee an appropriate degree of public accountability; and
(e) Methods of assuring nondiscriminatory access to the fund. [1983
c.429 §9]ORS 351.865 to 351.890 shall be known and
cited as the “Research Policy Act of 1983.” [1983 c.429 §1]
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