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351.001 Legislative findings. 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]

351.003 Additional findings. 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]

351.005 Higher education an important public purpose. 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]

351.007 Intent to promote and enhance higher education. 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]

351.009 Mission of higher education. 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]

POST-SECONDARY EDUCATION OPPORTUNITY COMMISSION

Note: Sections 2 to 6, chapter 964, Oregon Laws 2001, provide:

Sec. 2. Commission created. (1) There is created a Post-Secondary Education Opportunity Commission consisting of 15 members as follows:

(a) The Governor shall appoint:

(A) Two members who are also members of the State Board of Education;

(B) Two members who are also members of the State Board of Higher Education;

(C) Two members who are also members of the Oregon Student Assistance Commission;

(D) One member who serves on a board of education of a community college district;

(E) One member who serves on the governing board of an independent college;

(F) One member who serves on an advisory committee for a state institution of higher education listed in ORS 352.002;

(G) One member who is currently enrolled in a post-secondary institution; and

(H) One at-large member.

(b) The Speaker of the House of Representatives shall appoint two members who are members of the House of Representatives.

(c) The President of the Senate shall appoint two members who are members of the Senate.

(2) A member of the commission may not be employed by a public or independent post-secondary institution.

(3) When making appointments to the Post-Secondary Education Opportunity Commission, the Governor shall ensure that the commission includes members who are from rural Oregon.

(4) If there is a vacancy for any cause on the commission, the appointing authority shall make an appointment to become immediately effective.

(5) A nonlegislative member of the commission is entitled to compensation and expenses as provided in ORS 292.495. A legislative member of the commission is entitled to payment of compensation and expenses as provided under ORS 171.072, payable from funds appropriated to the Legislative Assembly.

(6) The Governor shall provide staff to the commission. The Governor may enter into contracts to provide for the administration of the commission through a request for proposal process.

(7) The Chancellor of the Oregon University System, the Commissioner for Community College Services, the executive director of the Oregon Student Assistance Commission and the Education and Workforce Policy Advisor shall provide support to the Post-Secondary Education Opportunity Commission as necessary to enable the commission to fulfill its responsibilities. [2001 c.964 §2]

Sec. 3. Commission duties. (1) The Post-Secondary Education Opportunity Commission shall:

(a) Assist the Governor in developing a post-secondary education budget framework to be presented to the Legislative Assembly as required by section 4 of this 2001 Act.

(b) In consultation with the State Board of Higher Education, review and make recommendations to the Governor and the Legislative Assembly regarding institutional autonomy and governance among the state institutions of higher education listed in ORS 352.002.

(c) In consultation with the State Board of Education and boards of education of community college districts, make recommendations to the Governor and the Legislative Assembly on how to most effectively support Oregon’s locally governed community colleges to meet Oregon’s diverse community education needs.

(d) Review the Oregon benchmarks adopted by the Oregon Progress Board that are relevant to the duties of the commission.

(e) Examine and make recommendations about alternative governance structures for state-level post-secondary education.

(2) Any budget goals established by the commission shall be consistent with ORS 341.009, 348.005, 351.001, 351.003, 351.005, 351.007 and 351.009.

(3) Prior to January 31, 2003, the commission shall present to the Seventy-second Legislative Assembly its findings and recommendations developed under this section. [2001 c.964 §3]

Sec. 4. Governor required to include higher education budget framework in 2003-2005 biennium budget. (1) With the assistance of the Post-Secondary Education Opportunity Commission, the Governor shall include in the budget report prepared for the 2003-2005 biennium a budget framework for the state’s investment in colleges and universities. The budget framework shall include state investment in student access to post-secondary education and may include other categories such as:

(a) Need-based and merit-based student assistance used to offset attendance costs at public and private post-secondary institutions;

(b) Statewide and community services provided by post-secondary institutions;

(c) Research and development conducted by post-secondary institutions;

(d) Investment in new programs that are offered by post-secondary institutions and that are of critical strategic importance to the state;

(e) Support of individual public post-secondary campuses where a specific need for campus-level support has been identified;

(f) State administration and services provided to public post-secondary institutions; and

(g) Other budget categories necessary for the fulfillment of Oregon’s post-secondary education goals.

(2) The Governor, with the assistance of the Post-Secondary Education Opportunity Commission, shall establish goals and performance measures for the budget proposed for the 2003-2005 biennium. The Governor shall include in the budget report an indication of how the proposed budget meets those goals and performance measures. [2001 c.964 §4]

Sec. 5. Plan for commission administration. The Governor shall submit a plan to the Emergency Board for the administration of the Post-Secondary Education Opportunity Commission. The plan shall specify how the Governor intends to use the funds allocated to the Emergency Board for the purposes of the administration of the commission. [2001 c.964 §5]

Sec. 6. Sections 2 to 5 of this 2001 Act are repealed June 30, 2003. [2001 c.964 §6]

DEPARTMENT OF HIGHER EDUCATION

(State Board)

351.010 State Board of Higher Education. 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]

351.020 Directors; appointment; confirmation. (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]

351.030 [Repealed by 1961 c.167 §38 (171.560 enacted in lieu of 351.030)]

351.040 Term; removal; compensation and expenses of directors. (1) Directors of the State Board of Higher Education shall hold office for a term of four years except for directors who are students or faculty members at the time of appointment, whose terms shall be two years. All terms begin July 1 of the year of appointment. No person may be appointed to serve consecutively more than two full terms as a director. Any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed for the remainder of such term.

(2) The Governor may remove any member of the board at any time for cause, after notice and public hearing, but not more than three members shall be removed within a period of four years, unless it be for corrupt conduct in office.

(3) The directors are entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1961 c.167 §41; 1967 c.530 §8; 1969 c.314 §25; 1971 c.485 §3; 1973 c.379 §3; 1997 c.450 §3]

351.050 President; meetings; quorum. 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]

351.060 Board general powers as to control and management of property; power as to litigation. 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, subject, however, to the applicable provisions of ORS 273.413 to 273.456 and 351.210.

(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, ORS 351.070 and 351.150. [Amended by 1959 c.570 §1; 1975 c.771 §31a; 1985 c.443 §6; 1989 c.966 §33; 2001 c.453 §2]

351.065 Consent of, access to and control of personnel records; rules. (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]

351.067 Sources of compensation for officers and employees; potential conflict of interest; reporting; rules applicable to outside employment and activities. (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 state 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 state 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 higher education system or substantially interferes with an officer’s or employee’s duties to the state 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]

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.

351.070 Board general powers as to higher education and institutions; personnel system; public improvement contracts; fees; student records. (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 and services for the benefit of the Oregon University System and all the institutions, departments and activities therein.

(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, shall:

(a) Supervise the general course of instruction therein, and the research, extension, educational and other activities thereof.

(b) Adopt rules and bylaws for the government thereof, including the faculty, teachers, students and employees therein.

(c) 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; and may provide student health services and contract therefor.

(d) Prescribe and collect charges.

(e) 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]

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. [1997 c.653 §3]

351.072 Adoption of certain standards not subject to rulemaking procedures; limitations. (1) Notwithstanding ORS 183.310 to 183.550, 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 183.310 to 183.550:

(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 183.310 to 183.550.

(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]

351.073 [1985 c.698 §1; renumbered 351.647 in 1997]

(Chancellor)

351.075 Chancellor of Oregon University System; appointment; qualifications; compensation. (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, 352.065 (1985 Replacement Part), 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]

351.077 Implementation of minority teacher recruitment plans. (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.

351.080 [Repealed by 1961 c.238 §1]

351.085 Duties and powers of chancellor. The Chancellor of the Oregon University System shall exercise, under the direction of the State Board of Higher Education, the administrative 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)

351.086 Oregon University System exempt from certain laws; authority to contract with public agencies. (1) Except as otherwise provided in this chapter and ORS chapter 352, the provisions of ORS chapters 240, 279, 282 and 292 do not apply to the Oregon University System.

(2) Notwithstanding subsection (1) of this section, ORS 240.167, 240.185, 279.029 (4) and (5), 279.321, 279.348, 279.350, 279.352, 279.354, 279.355, 279.356, 279.357, 279.361, 279.363, 279.365, 279.370, 279.375, 279.526 to 279.542, 279.835 to 279.855 and 292.043 shall apply to the Oregon University System.

(3) Notwithstanding any other law, the following provisions shall not apply to the Oregon University System:

(a) ORS 182.310 to 182.400; and

(b) ORS 276.071 and 276.072.

(4) 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]

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.

351.087 Establishment of policies for Oregon University System; transfer of authority from Oregon Department of Administrative Services. (1) The State Board of Higher Education shall establish policies for the operation of the Oregon University System, consistent with ORS 351.086.

(2) For the purpose of clarifying areas of oversight and in accordance with subsection (1) of this section, wherever the Oregon Department of Administrative Services would otherwise have authority over administrative matters concerning the performance, operating policies or structure of the Oregon University System, that authority shall be transferred to the State Board of Higher Education. [1995 c.612 §4]

Note: See note under 351.086.

351.088 Establishment of adjudicative procedures. Notwithstanding ORS 183.310 to 183.550, 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]

351.090 Standardization of accounts and records; preparation of budget; allocation of funds. 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.

351.092 Acquisition, installation and use of data processing equipment. Notwithstanding ORS 293.595, the State Board of Higher Education shall control and supervise the acquisition, installation and use of all data processing equipment to be used primarily for the purposes of the accounting records and accounting system of the Oregon University System. The board may authorize use of that equipment for other purposes to the extent that use for those other purposes does not conflict with use for the primary purpose of the Oregon University System’s accounting records and accounting system. [1995 c.612 §7]

Note: See note under 351.086.

351.094 Provision of group insurance for employees; expense reimbursement plan; deferred compensation plan. (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.

351.095 [1971 c.708 §8; repealed by 1983 c.194 §1]

351.097 Payment of salaries or compensation; payroll; overpayment. (1) The payment of salary or compensation of the officers, teachers, instructors and other employees of the Oregon University System, where such salary or compensation is payable out of the State Treasury and is fixed by law or the State Board of Higher Education at a definite rate per hour, day, week, month or year, shall be made weekly, biweekly, semimonthly or monthly with any necessary adjustments, as provided in this section.

(2) With the approval of the board, the Chancellor of the Oregon University System shall make out, certify and transmit to the board at the end of each pay period a payroll, duly verified by the chancellor or other designated officer and approved by the proper auditing committee or officer, showing the names of the several officers, teachers, instructors and other employees during the preceding payroll period, the rate of compensation of each by the hour, day, week, month or year, the time employed, the amount due and any other facts the board requires. The board, if it approves the payroll, shall draw a warrant on the State Treasurer for the aggregate amount allowed in favor of the chancellor, who shall immediately pay over the moneys received to the several parties entitled thereto and take receipts therefor, which shall be transmitted to the board.

(3) Notwithstanding subsection (2) of this section 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.

351.100 Advertising and publicity. All advertising and publicity on behalf of all branches of state-supported higher education shall emanate from and bear the name of the 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.

351.105 Minimum course content for alcohol and drug abuse programs. 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.

351.110 Relationship with Legislative Assembly. 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]

351.115 Four-year and five-year options for teacher education programs. The Oregon University System shall offer a diversity of teacher education programs, inclusive of four-year and five-year options for completion of the programs. Both of these options shall qualify for teacher licensing of persons completing the programs. [1989 c.690 §2]

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.

351.117 American Sign Language courses; development of curricula; teacher programs; identification of needs and resources. (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.

351.120 [Amended by 1959 c.564 §14; renumbered 351.605 and then 348.210]

351.130 Encouragement of gifts to institutions; Higher Education Donation Fund; use of gifts. (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]

351.140 Board power to purchase real property. (1) The State Board of Higher Education may purchase such real property as in its sole discretion may be necessary for the present or future development of any of the 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.

351.150 Title to institution realty; conveyances. 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.

351.153 "Structure" defined. 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]

351.155 Authority to sell forest products on institution realty; mineral and geothermal resources leases. Notwithstanding the applicable provisions of ORS 279.025 to 279.031, 279.310 to 279.356 and 279.400 to 279.990, 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]

351.160 Building construction. (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]

351.165 Report on capital construction projects. 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.

351.170 Charges for use of buildings; student building fee; disposition of receipts. (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]

Note: Section 2, chapter 523, Oregon Laws 2001, provides:

Sec. 2. (1) Notwithstanding ORS 351.170 (2), for the 2001-2003 biennium, the State Board of Higher Education shall charge and collect from each regular student a building fee at a rate not to exceed $35 for each regular term, for not less than three terms in each regular academic year, and not to exceed $52.50 if instruction is on a semester basis, or an equivalent rate of charge when instruction is on a different basis.

(2) The State Board of Higher Education shall report to the appropriate legislative committees of the Seventy-second Legislative Assembly on the use of funds derived from the building fees permitted by this section and the projects begun or contemplated for construction based upon those funds. In developing the report, the board shall consult with those campus student government organizations responsible for recommending building projects to the presidents of their respective institutions. The report shall be delivered no later than March 15, 2003. [2001 c.523 §2]

351.180 Building insurance. The State Board of Higher Education may cause the buildings, structures or projects referred to in ORS 351.160 and 351.170 and the equipment and furnishings therein and the appurtenances thereto to be insured against fire and other hazards in such sums as will protect the holders of the outstanding bonds issued to finance the cost thereof. Such insurance shall be in lieu of that afforded by the Insurance Fund, without right of insurers, in the event of loss, to subrogation to or contribution from said fund. [Amended by 1963 c.584 §4; 1985 c.731 §27]

351.190 Acquisition of land for building purposes. The State Board of Higher Education may obtain, by donation, purchase, agreement or condemnation, the title to any land authorized to be acquired by ORS 351.345, 351.350 and 351.450. Condemnation proceedings instituted by the board shall be conducted in accordance with ORS chapter 35. [Amended by 1957 c.720 §1; 1963 c.548 §5; 1971 c.741 §25]

351.195 [1957 c.585 §1; 1969 c.349 §3; repealed by 1975 c.771 §33]

351.200 Board power over higher education curricula and departments. (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]

351.203 Cooperation with Education and Workforce Policy Advisor; cooperation with Oregon Student Assistance Commission mediation process; compliance with certain commission decisions. (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]

351.205 Interchange of faculty members with schools outside Oregon. The State Board of Higher Education may allow interchange of members of the faculties of 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]

351.210 Disposition of unnecessary equipment. The State Board of Higher Education may sell or otherwise dispose of any worn out, obsolete or otherwise unsuitable equipment or material, the disposal of which would in the board’s judgment be to the financial benefit of the institutions under the board’s control. Before such disposal or sale, the board shall submit to the Oregon Department of Administrative Services a proposal for such sale or disposal and shall secure from the department its formal approval thereof. 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 board of higher education and may be expended by it for any purpose authorized by law in the same manner as it is authorized to make other expenditures.

351.220 Acquisition of intellectual property. The State Board of Higher Education may acquire by gift or by purchase interests in intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, inventions, discoveries, processes and ideas. The board may also agree to aid in the development of property acquired pursuant to ORS 351.220 to 351.250 and to pay an assignor of any interest in intellectual property a share of any moneys received on account of the board’s ownership or management of the property. [1953 c.332 §1]

351.230 Management, development and disposition of intellectual property. The State Board of Higher Education may manage, develop or dispose of by assignment, sale, lease, license or other action deemed advisable by the board, property acquired under ORS 351.220, and may contract with any person or agency, board, commission or department of this or any other state or with the federal government regarding the management, development or disposition thereof. The board may make gratuitous assignments of such property to any trust or fund, the sole beneficiary of which is the 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]

351.240 Terms and conditions of transactions in intellectual property; dissemination of information. The State Board of Higher Education may determine the terms and conditions of any transaction authorized by ORS 351.220 to 351.250 and need not require competitive bids in connection therewith. No formal publicity or advertising is required regarding property for the development of which the board wishes to contract, but the board shall make reasonable efforts to disseminate such information in appropriate research and industrial circles. [1953 c.332 §4]

351.250 Disposition of revenue; Higher Education Invention Fund. 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]

351.260 Planning assistance. The State Board of Higher Education may establish and maintain planning facilities and undertake planning work for the provision of, or related to, local planning services and may:

(1) Upon the request of the governing body of any municipality, county, Indian reservation or of a regional or joint planning agency in the state, provide planning assistance to such municipality, county, Indian reservation or planning agency (including surveys, land use studies, urban renewal plans, technical services and other planning work) and make or assist in making a study or report upon any planning problem of such municipality, county, Indian reservation or planning agency.

(2) Agree with such governing body or planning agency as to the amount to be paid to the board for such service.

(3) Apply for and accept grants from the federal government and other sources in connection with any such planning work.

(4) Contract with respect thereto. [1955 c.536 §1; 1965 c.456 §1]

351.265 [1965 c.496 §1; 1975 c.553 §1; renumbered 348.705]

351.267 Notice of reasonable assurance of continued employment; effect of failure to give notice. (1) The State Board of Higher Education shall give individual, written notice of reasonable assurance of continued employment to all employees who are to perform services in the same or a similar capacity during a subsequent academic year or term or in the period immediately following a recess period. Such notice shall be given by June 15 of each year for employees employed as of that date and as of the date of hire for employees employed subsequent to June 15.

(2) Academic staff members on annual or indefinite tenure and all other employees on regular status are considered to have been given notice for the purposes of this section.

(3) No liability shall accrue from failure to give the notice required by subsection (1) of this section or from the timing or contents thereof on the part of the board. However, the board shall enforce the provisions of subsection (1) of this section. [1985 c.585 §5; 1995 c.612 §9]

351.270 [1963 c.548 §6; 1965 c.496 §2; 1969 c.314 §26; 1971 c.643 §1; 1973 c.792 §11; 1973 c.816 §3; 1974 s.s. c.36 §10; 1975 c.553 §2; renumbered 348.715]

351.273 [1973 c.442 §2; repealed by 1975 c.553 §15]

351.275 [1965 c.496 §3; renumbered 348.735]

351.277 Officially sanctioned programs for use of state-owned vehicles; rules. (1) The State Board of Higher Education shall establish by rule procedures to identify officially sanctioned programs for purposes of ORS 283.310 (3).

(2) As used in this section, "officially sanctioned program" is a program identified by the state board through the procedures established pursuant to subsection (1) of this section. [1993 c.335 §12]

351.280 [1965 c.496 §4; 1971 c.643 §2; renumbered 348.745]

351.285 [1965 c.496 §5; renumbered 348.755]

351.290 [1965 c.496 §6; 1967 c.454 §105; 1971 c.643 §3; renumbered 348.765]

351.295 [1965 c.496 §7; repealed by 1975 c.605 §33]

351.297 [1969 c.566 §1; 1971 c.643 §4; renumbered 348.785]

351.298 [1969 c.566 §2; 1971 c.643 §5; renumbered 348.795]

351.299 [1969 c.566 §3; repealed by 1971 c.643 §8]

FINANCES

(Generally)

351.300 Legislative finding on need for stabilized funding. The Legislative Assembly finds that in order to avoid unnecessary disruption at public 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]

351.301 [1969 c.566 §4; 1971 c.643 §6; renumbered 348.815]

351.302 [1969 c.566 §5; 1971 c.643 §7; renumbered 348.825]

351.303 [1969 c.566 §6; repealed by 1971 c.643 §8]

351.305 [Repealed by 1995 c.162 §94]

351.310 Board’s general financial power; appropriation of moneys received by board. (1) The State Board of Higher Education shall control the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied and collected, received or appropriated for the use, benefit, support and maintenance of 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]

351.315 Borrowing money for purchase of real property. 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]

351.317 Obligations under ORS 351.140 or 351.315 not indebtedness of state or board. 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]

351.320 Prorating expenses. The State Board of Higher Education may prorate all expenses not otherwise provided for, incurred under authority of ORS 351.040, 351.050, 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.

351.330 [Repealed by 1957 c.370 §1]

351.340 Use of moneys. All sums of money provided by law for the support and maintenance of 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)

351.345 Bond issue for higher education and community college projects. In order to provide funds for the purposes specified in Article XI-G of the Oregon Constitution, bonds may be issued in accordance with the provisions of ORS 286.031 to 286.061. [1963 c.584 §1; 1981 c.660 §24]

351.350 Bond issue for self-liquidating higher education purposes. In order to provide funds for the purposes specified in Article XI-F(1), Oregon Constitution, 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 3, 5 and 15, chapter 845, Oregon Laws 2001, provide:

Sec. 3. (1) Notwithstanding any other provision of this 2001 Act, the proceeds from bonds and other revenue sources including federal funds limited by section 2 of this 2001 Act may not be available for expenditure before July 1, 2001. However, prior to July 1, 2001, the State Board of Higher Education may take action and enter into contracts necessary for the acquisition of facilities, the acquisition of land and improvements to land and the planning, constructing, altering, repairing, furnishing and equipping of the facilities authorized by this 2001 Act.

(2) The project approvals, appropriations or expenditure limitations in this 2001 Act or established by the Emergency Board during the biennium beginning on July 1, 2001, for capital construction or acquisition projects of the Department of Higher Education, unless otherwise noted or changed by the Emergency Board or the Legislative Assembly, expire on June 30 of the first odd-numbered year after the completion of the project or on June 30, 2007, whichever comes first. [2001 c.845 §3]

Sec. 5. (1) Pursuant to Article XI-G of the Oregon Constitution and ORS 351.345, the State Board of Higher Education may sell, with the approval of the State Treasurer, such general obligation bonds of the State of Oregon of the kind and character and within the limits prescribed by Article XI-G of the Oregon Constitution, as the board determines, but in no event may the board sell more than the aggregate principal sum of $98,835,776 par value for the 2001-2003 biennium. The moneys realized from the sale of the bonds shall be appropriated and may be expended for the purposes set forth in section 2 (1) of this 2001 Act, section 3 (2)(a), (2)(i), (2)(j) and (4)(g), chapter 890, Oregon Laws 1999, and section 2 (2)(i), chapter 584, Oregon Laws 1997, for new projects for which the Emergency Board approves funding during the biennium beginning July 1, 2001, 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 2001 Act are matched with the General Fund appropriation made under section 1 (1) of this 2001 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 (3)(h) of this 2001 Act are matched with the General Fund appropriation made under section 8 (3) of this 2001 Act [351.511 (3)].

(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 (4)(f) of this 2001 Act are matched with the General Fund appropriation made under section 10 (3) of this 2001 Act [351.521 (3)].

(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)(n) of this 2001 Act are matched with the General Fund appropriation made under sections 1a (1) and 12 (3) of this 2001 Act [351.533 (3)].

(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)(j) of this 2001 Act are matched with the General Fund appropriation made under section 13 (3) of this 2001 Act [351.524 (3)].

(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 (8)(b) of this 2001 Act are matched with the General Fund appropriation made under section 14 (3) of this 2001 Act [351.516 (3)]. [2001 c.845 §5]

Sec. 15. (1) Notwithstanding any other law, the State Board of Higher Education may not issue bonds for projects listed in section 2 (3)(h), (4)(f), (5)(n), (6)(j) and (8)(b) of this 2001 Act until the total amount of other revenues, including federal funds but excluding proceeds from lottery bonds, identified for the project in the expenditure limitation has been received by the board.

(2) Notwithstanding subsection (1) of this section, the State Board of Higher Education, after reporting to the Emergency Board, may issue bonds for a project listed in section 2 (3)(h), (4)(f), (5)(n), (6)(j) and (8)(b) of this 2001 Act if the total amount of other revenues, including federal funds but excluding proceeds from lottery bonds, identified for the project in the expenditure limitation has not been received by the board. [2001 c.845 §15]

351.353 Construction of parking facilities; bonds. (1) The State Board of Higher Education may undertake the construction of an off-street motor vehicle parking facility in Portland, Oregon, for higher education pursuant to Article XI-F(1), Oregon Constitution, ORS 351.160 to 351.190, 351.350 to 351.460 and 351.505. The parking facility shall be for the use of the students and staff members of the board. The board shall establish the rates, charges and fees for use of the parking facility in accordance with the provisions of ORS 351.170.

(2) Bonds may be sold to finance the facility described in this section, in an amount authorized and under the conditions prescribed by ORS 351.350. [1963 c.573 §2; 1967 c.67 §18; 1981 c.660 §26; 1991 c.220 §9]

351.355 [1963 c.573 §3; repealed by 1967 c.67 §27]

351.360 [Amended by 1957 c.703 §2; 1959 c.127 §2; 1967 c.369 §1; repealed by 1981 c.660 §18]

351.370 [Repealed by 1981 c.660 §18]

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

351.390 [Repealed by 1981 c.660 §18]

351.400 [Repealed by 1981 c.660 §18]

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

351.420 [Repealed by 1981 c.660 §18]

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

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

351.450 Higher Education Bond Building Fund; subfunds. 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 Higher Education Bond Building Fund. In the Higher Education Bond Building Fund there shall be 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; there shall be 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 there shall be a separate subfund for the credit of moneys realized from the sales of revenue bonds issued pursuant to ORS 288.855. 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. The moneys in the fund hereby are 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]

351.455 Use of moneys in subfund realized from sale of Article XI-F(1) bonds and revenue bonds. 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.

351.456 Use of moneys in subfund realized from sale of Article XI-F(1) bonds. 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.

351.460 Higher Education Bond Sinking Fund. (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 said sinking fund hereby are appropriated for such purposes. The said fund may be invested by the State Treasurer, and the earnings from such investments shall be credited to the appropriate subfunds of such 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 said 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 such 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. Where such 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 said 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) The said sinking fund shall not be used for any purpose other than those for which the fund was created; but should a balance remain therein 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 after the purposes for which the fund was created have been fulfilled or after a reserve sufficient to meet all existing and future obligations and liabilities of the fund has been set aside, the surplus remaining may be transferred to such other fund as the board may designate. [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]

351.470 Temporary bonds. 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]

Note: Section 23, chapter 942, Oregon Laws 2001, provides:

Sec. 23. Lottery bonds for projects at Eastern Oregon University and Southern Oregon University. (1) Pursuant to ORS 286.560 to 286.580 and 348.716, lottery bonds may be issued to fund projects for the construction of:

(a) A building for the study of the regional agricultural, health and life sciences at Eastern Oregon University; and

(b) A library building at Southern Oregon University.

(2) The use of lottery bond proceeds is authorized based on the following findings:

(a) The universities of the Oregon University System promote the improved education of Oregon’s students, especially in the subjects of agricultural, health and life sciences;

(b) The promotion of educated employees for business and industry, especially for those in the agricultural, health and life sciences, expands markets, which in turn creates jobs and stimulates economic development of the state’s business and industry; and

(c)(A) A building for the study of the regional agricultural, health and life sciences at Eastern Oregon University will attract faculty and students to the university and create jobs and substantial economic activity for the La Grande area.

(B) A library building at Southern Oregon University will attract faculty and students to the university and create jobs and substantial economic activity for the Ashland area.

(3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $14 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds issued pursuant to this section shall be issued only at the request of the Chancellor of the Oregon University System.

(4)(a) Of the net proceeds of lottery bonds issued pursuant to this section, $9 million shall be deposited in the Eastern Oregon University Regional Agricultural, Health and Life Sciences Building Account established in section 14, chapter 845, Oregon Laws 2001 [351.516].

(b) Of the net proceeds of lottery bonds issued pursuant to this section, $5 million shall be deposited in the Southern Oregon University Library Account established in section 13, chapter 845, Oregon Laws 2001 [351.524].

(5) The proceeds of lottery bonds issued pursuant to this section may be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. [2001 c.942 §23]

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

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

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

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

(Federal Funds)

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

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

(Funds and Accounts)

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

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $26,500,000 in donations and federal and local government funds for purposes of this subsection. [2001 c.845 §8]

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.

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

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

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

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $14,470,500 in donations, federal and local government funds and proceeds from lottery bonds for purposes of this subsection. [2001 c.845 §14]

Note: See note under 351.511.

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

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

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

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $7,600,000 in donations and federal and local government funds for purposes of this subsection. [2001 c.845 §10]

Note: See note under 351.511.

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

351.523 Campus Development Project Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $5,700,000 in donations and federal and local government funds for purposes of this subsection. [1997 c.584 §8]

Note: 351.523, 351.525, 351.528, 351.531 and 351.536 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 351 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

351.524 Southern Oregon University Library Account. (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 federal and local government funds made available to the Oregon University System, funds donated to the Oregon University System and proceeds from lottery bonds for the purpose of the Southern Oregon University library project described in subsection (1) of this section.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $10,000,000 in donations, federal and local government funds and proceeds from lottery bonds for purposes of this subsection. [2001 c.845 §13]

Note: See note under 351.511.

351.525 Southern Oregon University Center for the Visual Arts Project Donation Account. (1) There is established in the General Fund an account to be known as the Southern Oregon University Center for the Visual Arts Project Donation Account. Funds in the account shall be used for construction of a center for visual arts.

(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 Southern Oregon University Center for the Visual Arts project described in subsection (1) of this section.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $5,620,000 in donations and federal and local government funds for purposes of this subsection. [1997 c.584 §9b]

Note: See note under 351.523.

351.526 Millar Library Research Center Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $1,431,000 in donations and federal and local government funds for purposes of this subsection. [1999 c.890 §11]

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.

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

351.528 Urban Center Phase I Project Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $7,865,000 in donations and federal and local government funds for purposes of this subsection. [1997 c.584 §9]

Note: See note under 351.523.

351.529 Portland State University Native American Center Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $1,200,000 in donations and federal and local government funds for purposes of this subsection. [2001 c.845 §9]

Note: See note under 351.511.

351.530 [Renumbered 351.317 in 1995]

351.531 Western Oregon University Library Project Donation Account. (1) There is established in the General Fund an account to be known as the Western Oregon University Library Project Donation Account. Funds in the account shall be used for construction of a new library or remodeling of an existing facility for a library.

(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 Western Oregon University Library project described in subsection (1) of this section.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $2,000,000 in donations and federal and local government funds for purposes of this section. [1997 c.584 §9a]

Note: See note under 351.523.

351.533 Oregon State University College of Veterinary Medicine Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $4,000,000 in donations and federal and local government funds for purposes of this subsection. [2001 c.845 §12]

Note: See note under 351.511.

351.534 Oregon State University Engineering Building Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account may not be credited with more than $20,000,000 in donations and federal and local government funds for purposes of this subsection. [2001 c.845 §11; 2001 c.849 §3]

Note: See note under 351.511.

351.535 Kerr Library Donation Account. (1) There is established in the General Fund an account to be known as the Kerr Library Donation Account. Funds in the account shall be used for remodeling and expansion of the Kerr Library at Oregon State University.

(2) The account shall consist of funds donated to the Oregon University System for the purposes of the Kerr Library project described in subsection (1) of this section.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $10 million in donations for purposes of this subsection. [1993 c.538 §10]

Note: 351.535 was made a part of ORS chapter 351 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

351.536 Kerr Library Phase II Donation Account. (1) There is established in the General Fund an account to be known as the Kerr Library Phase II Donation Account. Funds in the account shall be used for remodeling and expansion of the Kerr Library at Oregon State University.

(2) The account shall consist of funds donated to the Oregon University System for the purpose of the Kerr Library project described in subsection (1) of this section.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. Notwithstanding section 10, chapter 538, Oregon Laws 1993, the account shall not be credited with more than $10 million in donations for purposes of this subsection for Phase II of the Kerr Library project. [1995 c.254 §11]

Note: See note under 351.523.

351.537 Allen Hall Phase II Project Account. (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.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $561,800 in donations and federal and local government funds for purposes of this subsection. [1999 c.890 §12]

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.

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

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

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $6,360,000 in donations and federal and local government funds for purposes of this subsection. [1999 c.890 §13]

Note: See note under 351.537.

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

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

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, and are continuously appropriated for that purpose. The account shall not be credited with more than $1,166,000 in donations and federal and local government funds for purposes of this subsection. [1999 c.890 §14]

Note: See note under 351.537.

351.540 Special checking account of board. (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 hands. Moneys so deposited shall be credited by the State Treasurer to a special checking account.

(2) 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]

351.545 Higher Education Isolation Facility Bond Sinking Fund. (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]

351.550 [Repealed by 1979 c.479 §2]

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

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

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

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

351.590 Higher Education Student Activities Fund. (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) 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]

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

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

351.615 Higher Education Auxiliary Enterprise Building Repair and Equipment Replacement Fund. 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]

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

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

351.627 Higher Education Capital Construction Fund. (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]

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

351.633 Form of contract to be paid from Higher Education Capital Construction Fund. 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]

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

351.638 Faculty Recruitment Fund. (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]

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

MISCELLANEOUS

351.642 Status of members of Armed Forces; spouses and children. (1) Members of the Armed Forces of the United States and their spouses and dependent children who are described in ORS 174.103 shall be considered residents of this state for the purpose of determining fees and tuition to be paid by such individuals while attending any educational institution in this state under the control of the State Board of Higher Education.

(2) The State Board of Higher Education may contract with the Armed Forces of the United States to furnish educational service in Oregon institutions to members of the Armed Forces of the United States described in ORS 174.103.

(3) The board shall determine the number of such students that should be accepted, and shall make final decisions on admission of individual applicants.

(4) 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.

(5) 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]

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

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

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

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

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

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

(5) The State Board of Higher Education and the 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]

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

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

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

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

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

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

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

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

ENGINEERING EDUCATION

351.663 Engineering and Technology Industry Council; establishment; membership; duties; investment of fund. (1) The 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.

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

351.666 Oregon Engineering Investment Fund; uses; investment goal. (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.

351.668 Use of money in fund. 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.

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

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

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

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

HIGHER EDUCATION TECHNOLOGY TRANSFER

(Higher Education Technology Transfer Fund)

351.676 Definitions for ORS 351.676 to 351.691. As used in ORS 351.676 to 351.691:

(1) "Board" means the Higher Education Technology Transfer Fund Board established in ORS 351.680.

(2) "Higher education institution" means:

(a) A community college as defined in ORS 341.005.

(b) A private higher education institution.

(c) The Oregon Health and Science University.

(d) A state institution of higher education listed in ORS 352.002.

(e) The Department of Higher Education.

(3) "Eligible higher education institution" means a higher education institution that the board determines meets the criteria adopted by rule by the board under ORS 351.683 (4).

(4) "Private higher education institution" means a private and independent institution of higher education as defined in ORS 352.720.

(5) "Technology transfer" means any activity that is intended to lead to the sale, license, assignment or other grant of a right to use specified intellectual property assets developed, owned or controlled by a higher education institution. Intellectual property assets include, but are not limited to, any right, title or interest arising out of a patent, copyright, trade secret, trademark or other analogous proprietary right. [2001 c.920 §1]

Note: 351.676 to 351.691 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 351 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 6a, chapter 920, Oregon Laws 2001, provides:

Sec. 6a. Notwithstanding sections 1 (3) and 6 (4) of this 2001 Act [351.676 (3) and 351.683 (4)], for the period ending July 1, 2002, for purposes of sections 1 to 9 of this 2001 Act [351.676 to 351.691], "eligible higher education institution" means a higher education institution that the Higher Education Technology Transfer Fund Board determines actively promotes technology transfer programs and activities and has received two percent or more of the total sponsored research dollars received by all higher education institutions. [2001 c.920 §6a]

351.678 Findings. The Legislative Assembly finds:

(1) Within Oregon, there are higher education institutions renowned for leading technological and scientific research and development. If higher education institutions do not make technology available to private industry to commercialize in a timely fashion, much of the potential economic value of the technology is lost.

(2) By its nature, technology developed at higher education institutions does not produce results that can be immediately used for commercial purposes. Additional research and funding is needed to determine whether the technology has commercial potential, to develop that potential and to protect the interests in the intellectual property. Transfer of technology developed at higher education institutions to private industry permits additional research and development by private industry and can potentially provide funding for higher education institutions.

(3) Assisting higher education institutions to transfer technology to new or small growth businesses within Oregon will promote state economic growth and development. Appropriate technology transfers to these businesses will generate significant high-skill, high-wage employment in the state.

(4) The state should promote technology transfer programs and activities that, as appropriate, will make technology developed at higher education institutions available to private industry. A state board responsible for promoting technology transfers can increase and improve the channels through which technology developed at higher education institutions flows to private industry for further development. [2001 c.920 §3]

Note: See notes under 351.676.

351.680 Higher Education Technology Transfer Fund Board. (1) There is established the Higher Education Technology Transfer Fund Board within the Department of Higher Education. The purpose of the board is to promote technology transfer programs and activities at higher education institutions.

(2)(a) The board shall consist of seven directors appointed by the Governor as follows:

(A) Three shall be from state institutions of higher education listed in ORS 352.002;

(B) One shall be a representative of a private higher education institution; and

(C) Three shall be members of the private business community.

(b) All directors shall have experience in technology transfer and be recognized for their knowledge in that field.

(3) The term of office of each director is three years, but a director serves at the pleasure of the Governor. Before the expiration of the term of a director, the Governor shall appoint a successor whose term begins on July 1 next following year. A director is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A director shall receive compensation and expenses as provided in ORS 292.495.

(5) All actions of the board shall be by a majority vote of the full number of directors. If less than the full number of directors is able to vote on an item of business due to conflict of interest, a majority of those directors able to vote on that item shall be sufficient to approve that item.

(6) The board shall hold all meetings in Oregon.

(7) The board shall annually select one director as chairperson and one director as vice chairperson.

(8) The board shall meet at least once each fiscal year. The board shall meet at the call of the chairperson or at the written request of a majority of the directors.

(9) The board may establish an executive committee composed of the chairperson and one additional director chosen by the chairperson from the remaining directors. Notwithstanding subsection (5) of this section, an executive committee may transact any business delegated to the executive committee.

(10) The board may establish such other committees as necessary and delegate to the committees such duties as the board considers desirable. Notwithstanding subsection (5) of this section, a committee may transact any business delegated to the committee.

(11) The Chancellor of the Oregon University System shall provide the Higher Education Technology Transfer Fund Board with staff and other assistance as necessary for the fund board to perform its duties. [2001 c.920 §4]

Note: See notes under 351.676.

Note: Section 5, chapter 920, Oregon Laws 2001, provides:

Sec. 5. Notwithstanding the term of office specified by section 4 of this 2001 Act [351.680], of the directors first appointed to the Higher Education Technology Transfer Fund Board:

(1) Two shall serve for terms ending June 30, 2002.

(2) Two shall serve for terms ending June 30, 2003.

(3) Three shall serve for terms ending June 30, 2004. [2001 c.920 §5]

351.683 Board duties; rules. The Higher Education Technology Transfer Fund Board shall:

(1) Manage, administer and protect the Higher Education Technology Transfer Fund.

(2) Accept, manage and control all moneys and other property given to or appropriated for the use, support or benefit of the fund.

(3) Be the custodian of any money, securities or other property that the board accepts as a gift, bequest or devise under ORS 351.686 (4). The board shall hold such property as trustee for the fund and shall conserve and administer such property. Except as prohibited by law or restricted by the terms of the gift, bequest or devise, the board may sell or exchange such property. The income from such property shall be credited to the fund.

(4) Establish by rule the criteria by which the board will determine whether a higher education institution is an eligible higher education institution.

(5) Annually determine which higher education institutions are eligible higher education institutions for the following year.

(6) Periodically disburse a portion of the moneys received from the fund to eligible higher education institutions as follows:

(a) An eligible higher education institution shall receive a share of moneys disbursed under this subsection that is proportionate to the sponsored research dollars received by the eligible higher education institution as compared to the total amount of sponsored research dollars received by all eligible higher education institutions.

(b) Disbursements under this subsection shall be by grants or other appropriate disbursements or expenditures, at such times as the board determines appropriate. Board grants or disbursements may be in gross, in installments or both.

(7) Retain up to 10 percent of the moneys received from the fund for administering the programs and activities of the board.

(8) Annually report to the Oregon Council for Knowledge and Economic Development on the goals, activities and operations of the board and the performance of the fund. [2001 c.920 §6; 2001 c.920 §6b]

Note: The amendments to 351.683 by section 6c, chapter 920, Oregon Laws 2001, become operative January 2, 2006. See section 6d, chapter 920, Oregon Laws 2001. The text that is operative on and after January 2, 2006, is set forth for the user’s convenience.

351.683. The Higher Education Technology Transfer Fund Board shall:

(1) Manage, administer and protect the Higher Education Technology Transfer Fund.

(2) Accept, manage and control all moneys and other property given to or appropriated for the use, support or benefit of the fund.

(3) Be the custodian of any money, securities or other property that the board accepts as a gift, bequest or devise under ORS 351.686 (4). The board shall hold such property as trustee for the fund and shall conserve and administer such property. Except as prohibited by law or restricted by the terms of the gift, bequest or devise, the board may sell or exchange such property. The income from such property shall be credited to the fund.

(4) Establish by rule the criteria by which the board will determine whether a higher education institution is an eligible higher education institution.

(5) Annually determine which higher education institutions are eligible higher education institutions for the following year.

(6) Periodically disburse a portion of the moneys received from the fund to eligible higher education institutions as follows:

(a) An eligible higher education institution shall receive a share of moneys disbursed under this subsection that is proportionate to the sponsored research dollars received by the eligible higher education institution as compared to the total amount of sponsored research dollars received by all eligible higher education institutions.

(b) Disbursements under this subsection shall be by grants or other appropriate disbursements or expenditures, at such times as the board determines appropriate. Board grants or disbursements may be in gross, in installments or both.

(7) Retain up to 10 percent of the moneys received from the fund for administering the programs and activities of the board.

Note: See notes under 351.676.

351.686 Board powers; rules. To promote technology transfer programs and activities at higher education institutions, the Higher Education Technology Transfer Fund Board may:

(1) Establish, support, coordinate and improve technology transfer programs and activities for higher education institutions.

(2) Provide advice and assistance to higher education institutions and to state agencies in matters concerning the establishment, support, operation, improvement and coordination of technology transfer programs and activities.

(3) Expend such moneys as may be available to carry out ORS 351.676 to 351.691.

(4) Solicit and accept gifts, bequests or devises of money, securities or other property to further the mission of the board. A restricted gift, bequest or devise shall not be accepted if such restriction would be contrary to the laws of this state or the policies of the board. The Higher Education Technology Transfer Fund shall be credited with the money, securities and other property solicited or accepted by the board.

(5) Provide financial assistance to higher education institutions in the form of grants, disbursements or other expenditures for technology transfer programs and activities. Such financial assistance may be used for, but the use is not limited to, the following:

(a) To reimburse a higher education institution that provides substantial technology transfer assistance to other higher education institutions;

(b) To establish, support or improve the technology transfer programs of higher education institutions; and

(c) To recognize and reward technology transfer programs of higher education institutions.

(6) Adopt, amend and repeal any rules necessary for the implementation of ORS 351.676 to 351.691.

(7) Expend moneys retained in the fund under ORS 351.683 (7) for administering the programs and activities of the board. [2001 c.920 §7]

Note: See notes under 351.676.

351.689 Applicability of public contracting laws to board. The provisions of ORS chapter 279 do not apply to the Higher Education Technology Transfer Fund Board. [2001 c.920 §9]

Note: See notes under 351.676.

351.690 Expenditure of moneys in Higher Education Technology Transfer Fund. The Higher Education Technology Transfer Fund Board shall expend all moneys appropriated and transferred from the Education Endowment Fund into the Higher Education Technology Transfer Fund for public education in accordance with section 4, Article XV of the Oregon Constitution. [2001 c.920 §8]

Note: See notes under 351.676.

351.691 Higher Education Technology Transfer Fund established. (1) There is established the Higher Education Technology Transfer Fund, separate and distinct from the General Fund. The Higher Education Technology Transfer Fund consists of all moneys received by the Higher Education Technology Transfer Fund Board from any source, public or private, and any other moneys appropriated or allocated to the Higher Education Technology Transfer Fund by the Legislative Assembly.

(2) Interest earned by the Higher Education Technology Transfer Fund shall be credited to the fund.

(3) The moneys in the Higher Education Technology Transfer Fund are continuously appropriated to the Department of Higher Education for administrative expenses incurred by the department under ORS 351.676 to 351.691 and for the purposes of promoting technology transfer programs and activities. [2001 c.920 §2]

Note: See notes under 351.676.

(Higher Education Technology Transfer Account)

Note: Sections 1 to 6, chapter 835, Oregon Laws 2001, are repealed on July 1, 2011, if the amendment to the Oregon Constitution as proposed by Senate Joint Resolution 17 (2001) is approved by the people at the primary election held throughout this state on May 21, 2002. See section 18, chapter 835, Oregon Laws 2001. Sections 1 to 6, chapter 835, Oregon Laws 2001, provide:

Sec. 1. Definitions. As used in sections 1 to 6 of this 2001 Act:

(1) "Board" means the Higher Education Technology Transfer Account Board created in section 3 of this 2001 Act.

(2) "State institution of higher education" means an institution listed in ORS 352.002 or the Department of Higher Education.

(3) "Technology transfer" means any activity that is intended to lead to the sale, license, assignment or other grant of a right to use specified intellectual property assets developed, owned or controlled by a state institution of higher education. Intellectual property assets include, but are not limited to, any right, title or interest arising out of a patent, copyright, trade secret, trademark or other analogous proprietary right. [2001 c.835 §1]

Sec. 2. Higher Education Technology Transfer Account of Education Endowment Fund. (1) There is created within the Education Endowment Fund the Higher Education Technology Transfer Account, separate and distinct from the General Fund. The Higher Education Technology Transfer Account consists of securities held in accordance with the provisions of section 4, Article XV of the Oregon Constitution, that apply to the investment of moneys in the Education Endowment Fund, other property received from any source, public or private, and any other moneys appropriated or allocated to the Higher Education Technology Transfer Account by the Legislative Assembly.

(2) The declared earnings from the Higher Education Technology Transfer Account are continuously appropriated to the Department of Higher Education for administrative expenses incurred by the department under sections 1 to 6 of this 2001 Act and for the purposes of transfers to state institutions of higher education under section 5 of this 2001 Act. The declared earnings appropriated under this subsection include, but are not limited to:

(a) Proceeds, dividends or securities received as a result of securities received in exchange for technology transfer by a state institution of higher education;

(b) The interest earnings from the account; and

(c) Any other return on investment.

(3) The creation and disbursement of moneys from the Higher Education Technology Transfer Account shall not require an allotment or allocation of moneys pursuant to ORS 291.234 to 291.260. [2001 c.835 §2]

Sec. 3. Higher Education Technology Transfer Account Board. (1) There is established the Higher Education Technology Transfer Account Board within the Department of Higher Education for the purpose of governing the Higher Education Technology Transfer Account.

(2) The board shall consist of:

(a) The State Treasurer or the treasurer’s designated representative.

(b) Four directors appointed by the Governor as follows:

(A) Three directors from the private financial sector having experience in either high-risk venture investments or commercial banking and recognized for outstanding knowledge and leadership in at least one of these two fields; and

(B) One director from a state institution of higher education and qualified to serve by reason of the director’s professional experience.

(3) The term of office of each director appointed by the Governor is three years but a director serves at the pleasure of the Governor. Before the expiration of the term of a director, the Governor shall appoint a successor whose term begins on July 1 next following. A director is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A director appointed by the Governor shall receive compensation and expenses as provided in ORS 292.495.

(5) All actions of the board shall be by a majority vote of the full number of directors. If less than the full number of directors is able to vote on an item of business due to conflict of interest, a majority of those directors able to vote on that item shall be sufficient to approve that item.

(6) The board shall hold all meetings in Oregon.

(7) The board shall annually select one director as chairperson and one director as vice chairperson.

(8) The board shall meet at least once each fiscal year. The board shall meet at the call of the chairperson or at the written request of a majority of the directors.

(9) The board shall establish an executive committee composed of the chairperson and one additional director chosen by the chairperson from the remaining directors. Notwithstanding subsection (5) of this section, the executive committee may transact any business that has been delegated to the executive committee.

(10) The board may establish such other committees as necessary and delegate to the committees such duties as the board considers desirable. Notwithstanding the requirements of subsection (5) of this section, the committees may transact any business delegated to them.

(11) The Chancellor of the Oregon University System shall provide the Higher Education Technology Transfer Account Board with staff and other assistance as necessary for the account board to perform its duties. [2001 c.835 §3]

Sec. 4. Term of office for board members. Notwithstanding the term of office specified in section 3 of this 2001 Act, of the directors first appointed by the Governor to the Higher Education Technology Transfer Account Board:

(1) One shall serve for a term ending June 30, 2002.

(2) One shall serve for a term ending June 30, 2003.

(3) Two shall serve for terms ending June 30, 2004. [2001 c.835 §4]

Sec. 5. Board duties and powers; rules. (1) The Higher Education Technology Transfer Account Board shall:

(a) Adopt investment policies for the purpose of maintaining, investing and reinvesting assets to earn a return on investments in the Higher Education Technology Transfer Account to further technology transfer programs and other public education activities.

(b) Manage the account in accordance with policies adopted under paragraph (a) of this subsection.

(c) Transfer to a state institution of higher education those declared earnings from the account that the board can identify as having been credited to the account as proceeds, dividends or securities received as a result of securities received in exchange for technology transfer by that state institution of higher education. Amounts transferred to a state institution of higher education under this paragraph are continuously appropriated to the Department of Higher Education for use by the state institution of higher education.

(2) In managing the account, the board may:

(a) Make and enter into contracts, agreements and arrangements as necessary or desirable for carrying out the duties of the board.

(b) Retain, employ and contract for the services of private and public financial institutions, investment advisors and managers, depositories and consultants, and for research, technical and other services necessary or desirable for carrying out the purposes of the account and to fulfill the duties of the board.

(c) Adopt, amend and repeal rules as necessary for the administration of sections 1 to 6 of this 2001 Act.

(d) Take any intellectual property asset of whatever character transferred from a state institution of higher education as part of a technology transfer activity. A transfer of such an intellectual property asset shall not be accepted if such restriction would be contrary to the laws of this state or policies of the board. The account shall be credited with the revenues or other property received in exchange for intellectual property assets received under this paragraph.

(e) Solicit and accept gifts, bequests or devises of money, securities or other property of whatever character to further the mission of the board. A restricted gift, bequest or devise shall not be accepted if such restriction would be contrary to the laws of this state or the policies of the board. The account shall be credited with the money, securities or other property solicited or accepted by the board.

(f) Disburse to state institutions of higher education those declared earnings from the account that are appropriated continuously to the board under section 2 of this 2001 Act.

(3) In managing the account, the board shall:

(a) Be the custodian of any securities or other property that the board accepts under subsection (2)(d) and (e) of this section. The board shall hold such property as trustee for the Higher Education Technology Transfer Account and shall conserve and administer such property. Except as prohibited by law or restricted by the terms of a transfer, gift, bequest or devise, the board may sell or exchange such property as the board may from time to time determine. The income from property shall be credited to the Higher Education Technology Transfer Account; and

(b) Hold and dispose of securities received in exchange for a technology transfer from a state institution of higher education to a private entity and invest and reinvest such securities or any moneys, proceeds, dividends or securities received as a result of those securities.

(4) The provisions of ORS chapter 279 do not apply to the board. [2001 c.835 §5]

Sec. 6. Account standards. (1) ORS 293.718 and the standards set forth in ORS 293.726 for the Oregon Investment Council shall not apply to the Higher Education Technology Transfer Account.

(2) In managing the account, the Higher Education Technology Transfer Account Board shall exercise the care, skill and diligence that a prudent investor acting in a like capacity and familiar with such investments would use in managing and investing moneys in an account of like character, consistent with the purpose of the account. [2001 c.835 §6]

Note: Section 19, chapter 835, Oregon Laws 2001, provides:

Sec. 19. Transfer of securities, property or moneys held in account. If the amendment to section 6, Article XI of the Oregon Constitution, proposed by Senate Joint Resolution 17 (2001) is approved by the people at a special election held throughout this state on the same date as the next primary election, any securities, property or moneys held in the Higher Education Technology Transfer Account shall be transferred to the Oregon Resource and Technology Development Subaccount on June 30, 2011. [2001 c.835 §19; 2001 c.922 §29]

351.710 [Amended by 1959 c.459 §1; 1975 c.553 §4; renumbered 348.835]

351.720 [Amended by 1975 c.553 §5; renumbered 348.845]

351.730 [Amended by 1975 c.553 §3; renumbered 348.855]

351.740 [Renumbered 348.865]

351.750 [Renumbered 348.875]

351.760 [Renumbered 348.885]

351.765 [1957 c.409 §§1,2; 1959 c.566 §6; 1959 c.641 §37; renumbered 352.370]

WESTERN REGIONAL HIGHER EDUCATION COMPACT

351.770 Western Regional Higher Education Compact ratified. 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.

351.780 Compact provisions. 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.

______________________________________________________________________________

351.790 Effective time of compact. 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.

351.800 Commission members; appointment and removal. (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.

351.810 Authority to take action to achieve ends of compact. 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]

351.820 Contracts with commission to furnish out-of-state educational service to Oregon students. (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]

351.830 Selection of Oregon residents to receive out-of-state educational service. (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]

351.840 Contracts with commission to furnish educational service in Oregon institutions to out-of-state students. (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

351.865 Definition for ORS 351.865 to 351.890. 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]

351.870 Findings and policy for ORS 351.865 to 351.890. (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]

351.875 Basic Research Fund; uses. (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]

351.880 Council for Research Policy Recommendations. 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]

351.885 Administration of fund. (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]

351.890 Short title. ORS 351.865 to 351.890 shall be known and cited as the "Research Policy Act of 1983." [1983 c.429 §1]

OREGON COUNCIL FOR KNOWLEDGE AND ECONOMIC DEVELOPMENT

Note: Sections 1 to 7, chapter 519, Oregon Laws 2001, provide:

Sec. 1. Findings. The Legislative Assembly finds that:

(1) A council on knowledge and economic development is necessary to provide for meaningful, ongoing collaboration among Oregon’s public and private institutions of higher education, economic development leadership and the private sector in the promotion of knowledge based economic development in Oregon.

(2) A council would act as an early warning system for emerging policy issues and opportunities in knowledge based economic development for the higher education governing boards, the Oregon Economic and Community Development Commission, the Oregon Growth Account Board, the Higher Education Technology Transfer Fund Board, the Legislative Assembly and the Governor.

(3) A council would advise such agencies and bodies on issues, plans and the necessary infrastructure for improvement in the areas of technology development, transfer and commercialization as generated by the collaboration between the public and private sectors. [2001 c.519 §1; 2001 c.922 §23a]

Sec. 2. Council established. (1) The Oregon Council for Knowledge and Economic Development is established.

(2) The council shall consist of the following members:

(a) The Governor shall appoint the following members who shall also be members of the private sector and who shall have experience in a science or technology based industry or experience in private sector venture or angel capital:

(A) One member shall be a member of the State Board of Higher Education;

(B) One member shall be a member of the Oregon Economic and Community Development Commission;

(C) One member shall be a member of the State Board of Education;

(D) One member shall be a member of a governing board of a private and independent institution of higher education as defined in ORS 352.720;

(E) One member shall be a member of the Oregon Health and Science University Board of Directors; and

(F) Five members shall have experience in matters related to the duties of the council under section 5 of this 2001 Act.

(b) The State Treasurer.

(c) Two members who are members of the House of Representatives, appointed by the Speaker of the House of Representatives.

(d) Two members who are members of the Senate, appointed by the President of the Senate.

(e) The following persons, or their authorized representatives, shall serve as ex officio, nonvoting members of the council:

(A) The Chancellor of the Oregon University System;

(B) The Commissioner for Community College Services;

(C) The president of the State Board of Higher Education;

(D) The presiding officer of the Oregon Economic and Community Development Commission;

(E) The chairperson of the State Board of Education; and

(F) An executive officer of an association representing private and independent institutions of higher education, as defined in ORS 352.720, who shall be appointed by the Governor.

(3) The Governor shall appoint the chairperson of the council from among the members appointed under subsection (2)(a)(F) of this section.

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

(5) A majority of the voting members of the council constitutes a quorum for the transaction of business.

(6) The council shall meet at least once every quarter during each fiscal year at a place, day and hour determined by the chairperson. The council shall also meet at other times and places specified by the call of the chairperson or by written request of a majority of the voting members of the council.

(7) The council may establish committees and delegate to such committees such duties as the members consider desirable.

(8) A nonlegislative member of the council is entitled to compensation and expenses as provided in ORS 292.495 (2) and (3). The compensation and expenses of a nonlegislative member of the council who is employed full-time in public service shall be paid by the member’s full-time employer. A legislative member of the council is entitled to payment of compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly. [2001 c.519 §2]

Sec. 3. Term of office for council. Notwithstanding the term of office specified by section 2 of this 2001 Act, of the members first appointed to the Oregon Council for Knowledge and Economic Development by the Governor under section 2 (2)(a) of this 2001 Act:

(1) Three shall serve for terms ending June 30, 2002.

(2) Three shall serve for terms ending June 30, 2003.

(3) Four shall serve for terms ending June 30, 2004. [2001 c.519 §3]

Sec. 4. Staff; administrative expenses. (1) The Chancellor of the Oregon University System shall provide executive staff for the Oregon Council for Knowledge and Economic Development.

(2) The State Board of Higher Education, the Economic and Community Development Department and the Department of Community Colleges and Workforce Development shall provide the council with all other staff and assistance necessary for the council to perform its duties.

(3) The administrative expenses of the council shall be allocated equally among the public entities identified in subsection (2) of this section.

(4) All agencies, departments and officers of this state are directed to assist the council in performance of its functions, and to furnish such information and advice as the members of the council consider necessary to perform the functions of the council. [2001 c.519 §4]

Sec. 5. Council duties. (1) The Oregon Council for Knowledge and Economic Development shall advise the Governor, the Legislative Assembly, the State Board of Higher Education, the State Board of Education, the Oregon Economic and Community Development Commission, the Oregon Growth Account Board and the Higher Education Technology Transfer Fund Board in matters pertaining to knowledge based economic development in Oregon and the collaboration of Oregon’s higher education, business, industry and capital resources to promote the following:

(a) High quality research and development;

(b) Private-public models for sharing profit and intellectual property;

(c) The transfer and commercialization of technology and knowledge from higher education to the private sector;

(d) A technologically skilled workforce; and

(e) Capital resources for investment in and commercialization of technology developed by higher education or other research institutions, including but not limited to national labs and health care related research entities.

(2) Prior to December 31, 2002, the council shall provide a progress report to the Governor and to the appropriate interim legislative committees regarding the status of the council’s mission. The progress report shall also provide recommendations about:

(a) Increasing high quality research and development in this state;

(b) Developing successful models for intellectual property and profit-sharing;

(c) Increasing the transfer and commercialization of technology and knowledge;

(d) Providing sufficient capital for investment in and commercialization of technology developed by higher education institutions or other research institutions, including but not limited to public, private and university foundations;

(e) Promoting the development of a technologically skilled workforce;

(f) Reviewing the performance of existing programs that support technology transfer and commercialization in Oregon, including but not limited to utilization of federal programs and funding;

(g) Reviewing the performance and utilization of philanthropic programs and funding that support technology and commercialization in Oregon, including but not limited to public, private and university foundations; and

(h) Continuing the council past its sunset date.

(3) In addition to the report required by subsection (2) of this section, the council may also provide reports to the Governor and to the Legislative Assembly as the council determines necessary.

(4) All legislation recommended by official action of the council must indicate that it is introduced at the request of the council. Such legislation shall be prepared in time for presession filing pursuant to ORS 171.130. [2001 c.519 §5; 2001 c.920 §14; 2001 c.922 §25]

Sec. 6. Rules. In accordance with the applicable provisions of ORS 183.310 to 183.550, the Oregon Council for Knowledge and Economic Development may adopt administrative rules as necessary. [2001 c.519 §6]

Sec. 7. Sections 1 to 6 of this 2001 Act are repealed on January 2, 2006. [2001 c.519 §7]

351.990 [Part renumbered 348.990; repealed by 1979 c.308 §7]