Chapter 352 —
State and Independent Institutions of Higher Education
2007 EDITION
INSTITUTIONS OF HIGHER EDUCATION
EDUCATION AND CULTURE
352.002
Note Student
voting plan--2007 c.529 §§1,2
352.004 Presidents
of state institutions
352.006 Political
or sectarian tests prohibited in appointment of faculty or employees
352.008 Alcohol
and drug abuse policy and implementation plan
352.010 Status
of faculty
352.012 Authority
of Oregon University System to require fingerprints
352.015 Institutional
physical access committee; members; duties
352.017 Contract
for disbursement of funds to students; personally identifiable information
352.021 Honorary
degrees for persons ordered to internment camp
(Generally)
352.035 Streets
through university property; establishment and dedication
352.043
352.045
352.046 Center
for Brain, Biology and Machine
(Industrialized Housing Development Program)
352.048 Industrialized
Housing Development Program created; administration
352.049 Program
objectives; fees; employees
352.051 Rulemaking
authority
352.052 Confidentiality
of information
352.053 Coordination
of wood product research, development or evaluation
352.063 Receipt
and disposition of funds received for programs
352.066 Mark
O. Hatfield
352.067
352.068 Center
for Lakes and Reservoirs
352.071
352.074
OREGON INSTITUTE OF TECHNOLOGY
352.221
352.223
352.230
352.239 Institute
for Natural Resources
352.245
352.247 Oregon
Climate Change Research Institute
STATE INSTITUTIONS GENERALLY
352.355 Establishment
of certain state institutions as comprehensive universities
352.360 Traffic
control on properties under state board; rules; enforcement; fees; use
352.370 Students
unable because of religious beliefs to attend classes on certain days
352.380 Affirmative
action plan
352.385 Special
campus security officers; authority; training; expense
REGIONAL SERVICES INSTITUTES
352.390 Regional
services institutes; general program; location
352.400 Program
purpose and function
STATE INSTITUTION FINANCES
352.510 University
Fund from sale of university lands; use of interest; additions to principal;
pledges of credit limited
352.520 Loans
of University Fund
352.530 Disbursement
of proceeds of loans from University Fund
352.560
352.570 Loans
of
352.580 Disbursement
of proceeds of loans from Oregon State University Fund
352.600 J.
T. Apperson Agricultural College Educational Fund
352.610 General
powers and duties of trustee
352.620 Execution
of instruments
352.630 Payment
of expenses; rulemaking
352.650 Deposit
of Apperson and Burbank funds
CLINICAL LEGAL EDUCATION PROGRAMS
352.655 Domestic
Violence Clinical Legal Education Account
POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER
EDUCATION
352.665 Legislative
findings
352.667 Public
purpose to encourage and increase opportunities in independent higher education
352.669 Policies
and practices of state agencies
352.672 State
financial aid for students
352.675 State
policies to enhance and encourage independent higher education
AID TO INDEPENDENT INSTITUTIONS
352.710 Policy
352.720 Definitions
for ORS 352.710 to 352.760
352.730 Contracts
with independent institutions for nonsectarian and nonreligious educational
services
352.740 Computation
of payments under contracts
352.750 Rules
352.760 Severability
FINANCE OF EDUCATIONAL FACILITIES BY
MUNICIPALITY
352.790 Definitions
for ORS 352.790 to 352.820
352.795 Finance
of education facilities by municipalities
352.800 Powers
of municipality
352.805 Revenue
bonds; issuance; trust funds; pledge; terms; legal effect
352.810 Revenue
bonds secured by educational facility revenues
352.815 Municipalities
acting jointly
352.820 Investment
of revenues
352.002
(1)
(2)
(3)
(4) Oregon Institute of Technology.
(5)
(6) Southern
(7) Eastern
Note: Sections 1 and 2, chapter 529, Oregon Laws
2007, provide:
Sec.
1. Student voting plan. Each
community college and state institution of higher education listed in ORS
352.002 shall adopt a plan, in consultation with the recognized student
government of the college or institution, to increase student voter
registration and voting in elections. Each plan shall:
(1) Ensure that all students receive
information about voting and the opportunities available on campus to register
to vote;
(2) Ensure that all students receive
information about activities relating to voting that are prohibited by law and
the penalties for those activities;
(3) Address the distribution and
collection of voter registration cards, as defined in ORS 247.002, during the
first three weeks of each academic term;
(4) Require that voter registration cards
be made available in residence halls, campus bookstores, places where students
register for classes, financial aid offices and student adviser offices;
(5) Require college and institution
administrators to communicate with faculty, staff and students about deadlines
for voter registration; and
(6) Include a campus-wide advertising
campaign to advise students of the deadline for delivering ballots by mail.
[2007 c.529 §1]
Sec.
2. Each community college
and state institution of higher education shall adopt the plan required by
section 1 of this 2007 Act not later than February 1, 2008. [2007 c.529 §2]
352.004
Presidents of state institutions. The president of each state institution of higher education within the
Oregon University System is also president of the faculty. The president is
also the executive and governing officer of the institution, except as
otherwise provided by statute. Subject to the supervision of the State Board of
Higher Education, the president of the institution has authority to control and
give general directions to the practical affairs of the institution. [Formerly
352.020; 2005 c.22 §249]
352.006
Political or sectarian tests prohibited in appointment of faculty or employees. No political or sectarian test shall ever be
allowed or applied in the appointment of faculty and other employees of the
Oregon University System. [Formerly 352.030]
352.008
Alcohol and drug abuse policy and implementation plan. In consultation with the Department of Human
Services, each state institution of higher education shall adopt a
comprehensive alcohol and drug abuse policy and implementation plan. [1989
c.1076 §3]
352.010
Status of faculty. The
president and professors constitute the faculty of each of the state
institutions of higher education and as such have the immediate government and
discipline of it and the students therein. The faculty may, subject to the
supervision of the State Board of Higher Education under ORS 351.070, prescribe
the course of study to be pursued in the institution and the textbooks to be
used. [Amended by 1987 c.246 §4; 1989 c.492 §3]
352.012
Authority of
(1)(a) Is employed or applying for
employment by the Oregon University System; or
(b) Provides services or seeks to provide
services to the Oregon University System as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position that is designated as a critical or security-sensitive
position. As used in this subsection, “critical or security-sensitive position”
means a position in which the person:
(a) Has direct access to persons under 18
years of age or to student residence facilities because the person’s work
duties require the person to be present in the residence facility;
(b) Is providing information technology
services and has control over, or access to, information technology systems
that would allow the person to harm the information technology systems or the
information contained in the systems;
(c) Has access to information, the
disclosure of which is prohibited by state or federal laws, rules or
regulations or information that is defined as confidential under state or
federal laws, rules or regulations;
(d) Has access to property where
chemicals, hazardous materials and other items controlled by state or federal
laws or regulations are located;
(e) Has access to laboratories, nuclear
facilities or utility plants to which access is restricted in order to protect
the health or safety of the public;
(f) Has fiscal, financial aid, payroll or
purchasing responsibilities as one of the person’s primary responsibilities; or
(g) Has access to personal information
about employees or members of the public including Social Security numbers,
dates of birth, driver license numbers, medical information, personal financial
information or criminal background information. [2005 c.730 §71]
Note: 352.012 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.015
Institutional physical access committee; members; duties. (1) Every institution under the jurisdiction
of the State Board of Higher Education shall convene a physical access
committee to identify barriers to access by persons with disabilities on the
campus of each institution. The committee shall include, but not be limited to:
(a) One or more students with disabilities
or, if there are no students with disabilities willing to participate, a person
with a disability who uses the institution’s facilities;
(b) One or more members of the faculty or
staff who have disabilities;
(c) The coordinator of services for
students with disabilities for the institution;
(d) One or more administrators of the
institution; and
(e) One or more members of the physical
plant staff of the institution.
(2) The physical access committee shall
present its findings and recommendations to the administration of the
institution listing access needs and priorities for meeting those needs. These
findings and recommendations shall identify the barriers to access that prevent
persons with disabilities from meaningfully utilizing campus facilities related
to instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each
biennium, each institution under the jurisdiction of the State Board of Higher
Education shall include amounts for capital improvement that will be applied to
the substantial reduction and eventual elimination of barriers to access by
persons with disabilities as identified by the physical access committee.
(4) Nothing in this section and ORS
185.155 and 341.937 requires an institution to undertake projects for
accessibility that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly. [1991 c.935 §§1,2; 2007 c.70 §147]
Note: 352.015 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.017
Contract for disbursement of funds to students; personally identifiable information. (1) As used in this section, “personally
identifiable information” means a student’s Social Security number and gender
or a student’s Social Security number and date of birth.
(2) A state institution of higher
education may enter into a contract with a private contractor to provide the
service of facilitating the disbursement of funds to students. If a student’s
personally identifiable information is necessary to administer the disbursement
of funds under the contract, the institution must:
(a) Obtain from a student a written
election to receive the contracted services;
(b) Provide any alternative method of
disbursement of funds at no additional cost to a student who does not elect to
receive those services from a private contractor;
(c) Not release to a private contractor
personally identifiable information about a student who elects to receive
disbursement services from the private contractor without first obtaining from
the student a written consent to release the personally identifiable information;
and
(d) Provide to a student a written
description of the purposes for which a private contractor may use the student’s
personally identifiable information. [2005 c.363 §1]
Note: 352.017 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.020 [Amended by 1987 c.246 §2; renumbered
352.004 in 1987]
352.021
Honorary degrees for persons ordered to internment camp. (1) As used in this section, “internment
camp” means a relocation center to which persons were ordered evacuated by
Presidential Executive Order 9066, signed on February 19, 1942.
(2) A person who meets the requirements of
subsection (4) of this section may request a state institution of higher
education listed in ORS 352.002 to award the person an honorary post-secondary
degree.
(3) A representative of a deceased person
who meets the requirements of subsection (4) of this section may request a
state institution of higher education listed in ORS 352.002 to award an
honorary post-secondary degree on behalf of the deceased person.
(4) Notwithstanding the requirements for a
post-secondary degree established by a state institution of higher education or
by the State Board of Higher Education, a state institution of higher education
that receives a request under subsection (2) or (3) of this section may award
an honorary post-secondary degree to a person, or on behalf of a deceased
person, who:
(a) Was a student at the state institution
of higher education in 1942; and
(b) Did not graduate from the institution
because the person was ordered to an internment camp. [2007 c.244 §1]
Note: 352.021 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 352 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
352.030 [Amended by 1987 c.246 §3; renumbered
352.006 in 1987]
(Generally)
352.035
Streets through university property; establishment and dedication. The State Board of Higher Education may
open, establish, lay out and dedicate to the public use such streets through
the lands situated within the corporate limits of the City of Eugene, owned by
or belonging to the University of Oregon, upon such terms and conditions as may
be agreed upon by the State Board of Higher Education and the common council of
the City of Eugene. When such streets are so opened, laid out and established,
they hereby are declared to be dedicated to the public use and are further
declared to be public streets of the City of
352.040 [Repealed by 1961 c.238 §1]
352.043
(2) The
(a) Prepare students for careers in the
legal profession.
(b) Perform the duties required of the
school under ORS 36.100 to 36.238.
(3) The president of the
Note: 352.043 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.045
(2) ORS 390.235 or 390.237 or this section
shall not interfere with any collections now in the possession of any
institution of higher learning in
352.046
Center for Brain, Biology and Machine. (1) Pursuant to ORS 351.870, there is created within the Department of
Higher Education the Center for Brain, Biology and Machine. The center shall be
administered by the
(2) The purpose of the center is to
promote interdisciplinary teaching and research in scientific areas, including
but not limited to brain structure, development and functions, genetics and
genomics, cognitive neuroscience, molecular biology, computational science, computing,
magnetic resonance imaging and optics.
(3) The Department of Higher Education may
receive moneys from any public or private source to support the Center for
Brain, Biology and Machine created under subsections (1) and (2) of this
section. Gifts or grants received to support the center shall be deposited in
an appropriate fund at the
Note: 352.046 (1) and (2) were added to and made a
part of ORS chapter 352 by legislative action but were not added to any smaller
series therein. 352.046 (3) was enacted into law by the Legislative Assembly
but was not added to or made a part of ORS chapter 352 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(Industrialized
Housing Development Program)
352.048
Industrialized Housing Development Program created; administration. (1) There is created within the Department
of Higher Education the Industrialized Housing Development Program. The program
shall be administered in conjunction with the Center for Housing Innovation at
the
(2) The purpose of the program is to
provide assistance to industrialized housing manufacturers to help them achieve
demonstrated best practice by researching, evaluating and disseminating
information on opportunities to improve design technology, including but not
limited to:
(a) Methods to improve the affordability
of housing;
(b) Better utilization of new products in
industrialized housing;
(c) Improving the energy efficiency of
industrialized housing; and
(d) Specialized training for workers and
management. [1991 c.853 §1]
Note: 352.048 to 352.053 were enacted into law by
the Legislative Assembly but were not added to or made a part of any series in
ORS chapter 352 by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
352.049
Program objectives; fees; employees. (1) In fulfilling the purpose described in ORS 352.048, the
Industrialized Housing Development Program shall:
(a) Emphasize client-directed problem
solving with the planning and design of appropriate design technologies;
(b) Provide or arrange for the provision
of management assistance, specialized training for workers and other consulting
services;
(c) Supplement the design skills and
expertise of program staff by developing relations with experts who may work in
a consulting role;
(d) Research new and developing design
technology in the United States and overseas with the purpose of adapting
proven technologies and management practices to Oregon conditions; and
(e) Disseminate research findings to all
interested firms throughout the industrialized housing industry.
(2) The Industrialized Housing Development
Program shall establish a schedule of fees for the services it provides. The
program may establish a minimum level of service for which it does not charge
fees.
(3) The Industrialized Housing Development
Program may hire individuals on a contract basis, to provide either full-time
or part-time staffing. However, employees of the program shall not be
considered tenured employees of the Department of Higher Education. [1991 c.853
§§2,3,4]
Note: See note under 352.048.
352.050 [Repealed by 1973 c.729 §17]
352.051
Rulemaking authority. The
State Board of Higher Education shall adopt rules necessary to carry out the
provisions of ORS 352.048 to 352.053. [1991 c.853 §5]
Note: See note under 352.048.
352.052
Confidentiality of information.
Any information obtained by the Industrialized Housing Development Program
relating to an industrialized housing firm shall remain confidential to the
extent that the information identifies an industrialized housing firm. The
information shall remain confidential for a period of time to be prescribed by
rule and then shall become public information. [1991 c.853 §6]
Note: See note under 352.048.
352.053
Coordination of wood product research, development or evaluation. Any research, development or evaluation of
wood products by the Industrialized Housing Development Program shall be
coordinated by the Center for Housing Innovation through the Oregon State
University Forest Research Laboratory and Forest Products Extension Service. [1991
c.853 §7]
Note: See note under 352.048.
352.055 [1973 c.729 §16; 1975 c.693 §3; 1981 c.144 §1;
1987 c.246 §7; repealed by 1995 c.162 §94]
352.058 [1977 c.773 §§1,2,3; repealed by 1987 c.246 §8]
352.060 [Amended by 1969 c.597 §57; repealed by 1975
c.693 §21]
352.063
Receipt and disposition of funds received for programs. The Department of Higher Education may
receive moneys from any public or private source to support the Mark O.
Hatfield School of Government, the Center for Lakes and Reservoirs, the
Graduate School of Social Work or the
352.065 [1959 c.97 §§1,2; 1983 c.740 §116; repealed
by 1987 c.246 §8]
352.066
Mark O. Hatfield
(2) The purposes of the Mark O. Hatfield
School of Government are:
(a) To prepare students for careers in
political service, public administration and the administration of justice;
(b) To perform the duties required of the
school under ORS 21.480, 36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice
Research and Policy Institute in carrying out the duties under subsection (3)
of this section.
(3) There is created within the Mark O.
Hatfield School of Government the Criminal Justice Research and Policy
Institute. The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and delinquency by:
(a) Providing the Legislative Assembly
with objective, nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with state or federal
law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not
limited to programs dealing with public safety professionalism, ethics in
leadership and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and delinquent behavior or
to improve professionalism in public safety careers;
(c) Managing reviews and evaluations
relating to major long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in leadership and early
childhood development programs;
(d) Initiating, sponsoring, conducting and
publishing research on criminal and juvenile justice, public safety
professionalism, ethics in leadership and early childhood development that is
peer reviewed and directly useful to policymakers;
(e) Organizing conferences on current
state issues that bring together policymakers, public agencies and leading
academicians; and
(f) Seeking to strengthen the links among
the Legislative Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and Training and
the academic community in the interest of more informed policymaking, the
application of best practices and more relevant academic research.
(4) The Governor, the Chief Justice of the
Supreme Court, the President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee with responsibility
over criminal or juvenile justice systems or childhood development programs may
request the assistance of the Criminal Justice Research and Policy Institute in
evaluating criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime and improving
professionalism in public safety careers.
(5) Agencies, departments and officers of
state and local governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish information, data and
advice as requested by the institute. [2001 c.140 §2; 2003 c.791 §§30,30a; 2005
c.453 §§1,2; 2005 c.817 §8]
352.067
Note: 352.067 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.068
Center for Lakes and Reservoirs. (1) Pursuant to ORS 351.870, there is created within the Department of
Higher Education the Center for Lakes and Reservoirs. The Center for Lakes and
Reservoirs shall be administered by
(2) The purpose of the Center for Lakes
and Reservoirs is to assist state and federal agencies in researching and
mitigating nonindigenous, invasive aquatic species in this state and to work
with communities in developing effective management of lakes and reservoirs. [2001
c.140 §3]
352.070 [Repealed by 1961 c.238 §1]
352.071
(2) The purpose of the Graduate School of
Social Work is to provide a center for specialized education and research in
the social services for the betterment of communities in the
352.073 [1985 c.770 §12; 1995 c.162 §76; renumbered
353.460 in 1995]
352.074
(2) The purpose of the
352.075 [1967 c.539 §§1,2; repealed by 1975 c.693 §21]
352.077 [1985 c.770 §14; 1987 c.879 §14; repealed by
1995 c.162 §94]
352.080 [Renumbered 352.035]
352.083 [1985 c.770 §18; 1995 c.162 §78; renumbered
353.470 in 1995]
352.090 [Renumbered 352.045]
352.095 [1989 c.893 §8; 1991 c.947 §11; renumbered
353.450 in 1995]
352.100 [Amended by 1957 c.595 §1; 1975 c.693 §4;
1983 c.740 §116a; repealed by 1987 c.246 §8]
352.110 [Amended by 1975 c.693 §5; repealed by 1987
c.246 §8]
352.120 [Amended by 1975 c.693 §6; repealed by 1987
c.246 §8]
352.130 [Repealed by 1987 c.246 §8]
352.140 [Amended by 1983 c.740 §117; repealed by
1987 c.246
§8]
352.150 [Amended by 1969 c.597 §58; repealed by 1987
c.246 §8]
352.160 [Repealed by 1961 c.238 §1]
352.165 [1973 c.644 §1; repealed by 1987 c.246 §8]
352.167 [1973 c.644 §2; repealed by 1987 c.246 §8]
352.170 [Repealed by 1957 c.595 §3]
352.173 [1973 c.644 §3; repealed by 1987 c.246 §8]
352.175 [1973 c.644 §4; repealed by 1987 c.246 §8]
352.180 [Repealed by 1957 c.595 §3]
352.185 [Amended by 1957 c.595 §2; repealed by 1961
c.238 §1]
352.190 [Amended by 1953 c.720 §3; repealed by 1955
c.12 §5]
352.195 [1955 c.12 §§1,3,4; 1969 c.6 §1; 1977 c.144 §1;
repealed by 1987 c.246 §8]
352.200 [Amended by 1953 c.720 §3; repealed by 1955
c.12 §5]
352.201 [1959 c.566 §1; 1973 c.70 §2; repealed by
1987 c.246 §8]
352.205 [1959 c.566 §3; repealed by 1987 c.246 §8]
352.210 [Repealed by 1955 c.12 §5]
352.211 [1959 c.622 §1; repealed by 1977 c.64 §1]
352.215 [1959 c.674 §§1,2; repealed by 1977 c.64 §1]
352.220 [Repealed by 1955 c.12 §5]
OREGON
INSTITUTE OF TECHNOLOGY
352.221
(2) The purpose of the
(3) The Department of Higher Education may
receive moneys from any public or private source to support the
352.223
(a) “Allied health education programs”
includes, but is not limited to:
(A) Radiologic science;
(B) Nuclear medicine;
(C) Sonography;
(D) Vascular technology;
(E) Dental hygiene;
(F) Respiratory care;
(G) Clinical laboratory sciences; and
(H) Emergency medical technician education.
(b) “Allied health education programs”
does not include any undergraduate or graduate nursing program administered by
Oregon Health and
(2) There is created within the Department
of Higher Education the
(3) The purposes of the
(a) Provide continued development of
bachelor’s degree level education programs in areas of allied health;
(b) Facilitate the creation of new
partnerships between the health care industry and community colleges, private
institutions of higher education and state institutions of higher education in
order to increase the number of students and graduates in allied health
education programs;
(c) Provide continuing education,
professional development and certificate programs for allied health care
professionals; and
(d) Align with and complement educational
partnerships between the Oregon Institute of Technology and Oregon Health and
(4) The Department of Higher Education may
receive moneys from any public or private source to support the
Note: 352.223 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.230
(2) The State Board of Higher Education is
authorized to enter into agreements with its counterpart in the State of
352.239
Institute for Natural Resources. (1) There is created within the Department of Higher Education the
Institute for Natural Resources. The Institute for Natural Resources shall be
administered by
(2) The Institute for Natural Resources
shall serve the following purposes:
(a) Serve as a clearinghouse for
scientifically based natural resources information.
(b) Provide scientifically based natural
resources information to the public in integrated and accessible formats.
(c) Coordinate efforts with other state
agencies and bodies to provide natural resources information to the public in a
comprehensive manner.
(d) Facilitate and conduct research.
(e) Provide information and technical
tools to assist decision-making on natural resources issues.
(f) Assist the State Land Board in
carrying out the Natural Heritage Program by maintaining a data bank containing
a classification of natural heritage elements and an inventory of the locations
of the elements. All data obtained through personal observation on private land
by employees of
(3) Using existing resources, state
agencies designated by the Governor shall enter into a memorandum of
understanding, or other agreement deemed appropriate by the Governor, with the
institute that defines and clarifies the roles and responsibilities of the
agencies in order to prevent duplication of effort and to ensure that agency
resources are used efficiently.
(4) State agencies may contract with the
institute to fulfill agency needs regarding the collection, storage,
integration, analysis, dissemination and monitoring of natural resources
information and natural resources research and training. [2001 c.918 §12; 2003
c.661 §3]
Note: 352.239 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.240 [Repealed by 1987 c.246 §8]
352.245
(2) The service shall:
(a) Assess the needs for weather and
climate information in
(b) Perform a service to citizens of
(c) Assist in the coordination of existing
activities within the state and among neighboring states.
(d) Advise regional, state and local government
on climate related issues.
(e) Assist students and faculty in the
Oregon University System by furnishing data and information needed in education
and research programs.
(f) Study and analyze the relationships
between climatic phenomena and activities in areas such as agriculture, water
resources, energy production and use, air quality, building design and
construction, transportation and communication, and business and commerce.
(g) Identify emerging climatic issues and
anticipate public demand for information.
(h) Inform state, federal and private
groups and the public on the availability and sources of climate-related
services, information and data. [1991 c.727 §1]
352.247
Oregon Climate Change Research Institute. (1) There is created within the Department of Higher Education the
Oregon Climate Change Research Institute. The institute shall be administered
by
(2) The purpose of the Oregon Climate
Change Research Institute is to:
(a) Facilitate research by Oregon
University System faculty on climate change and its effects on natural and
human systems in
(b) Serve as a clearinghouse for climate
change information;
(c) Provide climate change information to
the public in integrated and accessible formats;
(d) Support the Oregon Global Warming
Commission in developing strategies to prepare for and to mitigate the effects
of climate change on natural and human systems; and
(e) Provide technical assistance to local
governments to assist them in developing climate change policies, practices and
programs.
(3) The Oregon Climate Change Research
Institute shall assess, at least once each biennium, the state of climate
change science, including biological, physical and social science, as it
relates to
(4) State agencies may contract with the
Oregon Climate Change Research Institute to fulfill agency needs regarding the
collection, storage, integration, analysis, dissemination and monitoring of
climate change information, research and training. [2007 c.907 §15]
Note: 352.247 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.250 [Repealed by 1961 c.238 §1]
352.260 [Repealed by 1987 c.246 §8]
352.270 [Repealed by 1983 c.740 §118]
352.275 [1967 c.349 §1; repealed by 1987 c.246 §8]
352.280 [Repealed by 1959 c.564 §16]
352.285 [1975 c.528 §§1,2; repealed by 1987 c.246 §8]
352.290 [Amended by 1961 c.127 §1; 1975 c.76 §1;
1977 c.152 §1; 1981 c.72 §1; repealed by 1987 c.246 §8]
352.300 [Amended by 1953 c.721 §3; 1977 c.152 §2;
repealed by 1987 c.246 §8]
352.310 [Repealed by 1959 c.570 §3]
352.320 [Repealed by 1953 c.721 §3]
352.330 [Repealed by 1961 c.238 §1]
352.340 [Repealed by 1987 c.246 §8]
352.350 [Repealed by 1961 c.238 §1]
STATE
INSTITUTIONS GENERALLY
352.355
Establishment of certain state institutions as comprehensive universities.
352.360
Traffic control on properties under state board; rules; enforcement; fees; use. (1) The State Board of Higher Education may
enact such regulations as it shall deem convenient or necessary to provide for
the policing, control and regulation of traffic and parking of vehicles on the
property of any institution under the jurisdiction of the board. Such
regulations may provide for the registration of vehicles, the designation of
parking areas, and the assessment and collection of reasonable fees and charges
for parking, and shall be filed in accordance with the provisions of ORS
chapter 183. The board may require that before a quarterly or yearly parking
privilege for any vehicle is granted to any full-time or part-time student to
use board property, the student must show that the vehicle is operated by a
student holding a valid driver’s license, that the vehicle is currently
registered and that the student driving the vehicle is insured under a motor
vehicle liability insurance policy that meets the requirements described under
ORS 806.080 or that the student or owner of the vehicle has provided the
Department of Transportation with other satisfactory proof of compliance with
the financial responsibility requirements of this state.
(2) The regulations enacted pursuant to
subsection (1) of this section shall be enforced administratively under
procedures adopted by the board for each institution under its jurisdiction.
Administrative and disciplinary sanctions may be imposed upon students, faculty
and staff for violation of the regulations, including but not limited to, a
reasonable monetary penalty which may be deducted from student deposits, and
faculty or staff salaries or other funds in the possession of the institution.
The board shall provide opportunity for hearing for the determination of
controversies in connection with imposition of fines or penalties. The board
may prescribe procedures for such hearings despite the provisions of ORS
183.413 to 183.470. Persons other than students, faculty or staff may
voluntarily submit to the hearing procedures prescribed by the board, and shall
be bound by the results thereof. The powers granted to the board by this
section are supplemental to the existing powers of the board with respect to
the government of activities of students, faculty and staff and the control and
management of property under its jurisdiction.
(3) The regulations enacted pursuant to
subsection (1) of this section may also be enforced by the impoundment of
vehicles, and a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their owners.
(4) All fees and charges for parking
privileges and violations are hereby continuously appropriated to the State
Board of Higher Education to be used to defray the costs of constructing
bicycle racks and bicycle lanes and of traffic control, enforcement of traffic
and parking regulations, and maintenance and operation of parking facilities
and for the purpose of acquiring and constructing additional parking facilities
for vehicles at the various institutions, departments or activities under the
control of the board, and may also be credited to the Higher Education Bond
Sinking Fund provided for in ORS 351.460. Parking fees shall be established at
levels no greater than those required to finance the construction, operation
and maintenance of parking facilities on the same campus of the state
institution of higher education on which the parking is provided.
Notwithstanding ORS 351.072, parking fees or changes in fees shall be adopted
by rule of the state board subject to the procedure for rules adopted in ORS
chapter 183.
(5) Every peace officer may enforce the
regulations made by the board under subsection (1) of this section. The board,
for the purpose of enforcing its rules and regulations governing traffic
control, may appoint peace officers who shall have the same authority as other
peace officers as defined in ORS 133.005.
(6) The State Board of Higher Education
and any municipal corporation or any department, agency or political
subdivision of this state may enter into agreements or contracts with each
other for the purpose of providing a uniform system of enforcement of the rules
and regulations of the board enacted pursuant to subsection (1) of this
section.
(7) In proceedings brought to enforce regulations
enacted pursuant to subsection (1) of this section, it shall be sufficient to
charge the defendant by an unsworn written notice in accordance with the
provisions of ORS 221.333. In any case in which the defendant is not subject to
and does not voluntarily submit to the hearing procedures prescribed under
subsection (2) of this section, proceedings to enforce regulations enacted
pursuant to subsection (1) of this section shall be brought in the name of the
board in a circuit court, a justice court or a city court for offenses
committed within the territorial jurisdiction of such court. Such courts shall
have concurrent jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered shall be paid to
the clerk of the court involved and shall be disposed of as provided in ORS
153.630. [1959 c.569 §§1,2,3,4,5; 1969 c.622 §1; 1971 c.734 §22; 1973 c.836 §347;
1975 c.693 §7; 1977 c.825 §1; 1983 c.186 §1; 1989 c.990 §2; 1993 c.221 §3; 1995
c.79 §194; 1995 c.658 §103; 1999 c.448 §9; 2007 c.288 §15]
352.370
Students unable because of religious beliefs to attend classes on certain days. (1) As used in this section, “school of
higher education” means:
(a) Any school, institution or department
under the jurisdiction of the State Board of Higher Education.
(b) Any community college as defined in
ORS 341.005.
(2) No student shall be refused admission
to a school of higher education or be expelled from such a school for the sole
reason that, because of religious beliefs, the student is unable to attend
classes on a particular day.
(3) Any student in a school of higher
education who, because of religious beliefs, is unable to attend classes on a
particular day shall be excused on that day from any examination, study
requirement or work requirement. However, at the student’s own expense the
student shall make up the examination, study requirement or work requirement
missed because of the absence. [Formerly 351.765; 1965 c.100 §347; 1993 c.45 §294]
352.380
Affirmative action plan.
Each institution under the jurisdiction of the State Board of Higher Education
shall consider and maintain affirmative action plans and goals when reductions
in faculty and staff are required as a result of:
(1) Reductions in revenue that necessitate
discontinuance of its educational program at its anticipated level;
(2) Elimination of classes due to
decreased student enrollment; or
(3) Reduction in courses due to
administrative decisions. [1981 c.814 §1]
352.385
Special campus security officers; authority; training; expense. (1) The State Board of Higher Education may,
at the request of any institution under its control, authorize that institution
to commission one or more of its employees as special campus security officers.
However, the total number of special campus security officers commissioned at
the institutions in the Oregon University System shall not exceed 50. Special
campus security officers shall have stop and frisk authority as set forth in
ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying
immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of
their employment as defined by the State Board of Higher Education. Special
campus security officers shall not be authorized to carry firearms as police
officers and, except as provided in subsection (3) of this section, shall not
be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or
243.736.
(2) The Department of Public Safety
Standards and Training shall train special campus security officers at the
expense of the State Board of Higher Education.
(3) The State Board of Higher Education,
acting by and through its special campus security officers, is a criminal
justice agency for purposes of rules adopted pursuant to ORS 181.730 (3). [1987
c.745 §§1,2; 1995 c.364 §1; 1997 c.853 §37]
REGIONAL
SERVICES INSTITUTES
352.390
Regional services institutes; general program; location. (1) The State Board of Higher Education
shall cause to have prepared and submitted to the Legislative Assembly a
program and time schedule for the establishment of regional services institutes
at appropriate state institutions of higher education. The program shall
include academic curriculum and practical training appropriate to train
students in various aspects of economic and community services planning, with
particular emphasis on economic services planning for areas of the state that
have common geographic, economic and social characteristics but which do not
have sufficient population to qualify as standard metropolitan statistical
areas.
(2) In carrying out its duties under
subsection (1) of this section, the board shall consult with the Economic and
Community Development Department and shall rely on the department for technical
advice and, as necessary, technical services. The board shall also consult with
community colleges, Oregon State University Extension Service, economic
development districts and special districts providing community and economic
development services in the region in order to prepare curriculum and programs
with particular emphasis to streamlining existing programs, avoiding
duplication and overlap of programs, better utilization of students and
resources, and identification of needs in the region which are currently
unaddressed.
(3) In preparing programs for establishing
regional services institutes, the board shall give priority to establishing
such institutes at
352.400
Program purpose and function.
Programs prepared under ORS 352.390 shall include proposals for training
students and utilizing resources in the following, using the region in which
the institute is located as the training area:
(1) Developing specific resources on the
campus where the institute is to be located to assist with orderly and balanced
economic and community services and for the development and implementation of
training and assistance programs;
(2) Providing technical and research
assistance on request to political subdivisions, special districts, businesses
located in the region and businesses which might prospectively locate in the
region;
(3) Locating markets for local
manufacturers and processors and aiding local merchants in locating and
contacting markets;
(4) Investigating and studying conditions
affecting local business, industry and commerce and collecting and
disseminating information, and engaging in technical studies, scientific
investigations, and statistical research and educational activities necessary
or useful for the promoting and developing local business and industry upon
request of local business and industry for such aid;
(5) Assembling and coordinating
information relative to the status, scope, cost and employment possibilities
and the availability of materials, equipment and labor in connection with
public works projects, state, county and municipal; recommending limitations on
public works; gathering current progress information with respect to public
works being conducted in the local area and report such information to the
Oregon Economic and Community Development Commission where such sources in the
region do not presently exist;
(6) Gathering, compiling and making
available statistical information relating to business, trade, commerce,
industry, transportation, communication, natural resources and other related
subjects in the region, with reliance on other agencies of the state and the
region, whether public or private, for statistical data and results obtained by
them;
(7) Publishing, disseminating and
distributing information and statistics acquired by the institute;
(8) Aiding the communities in the region
in getting businesses to locate therein by disseminating information as to
natural resources, desirable locations and other advantages of the community
upon request of the community for such aid;
(9) Cooperating with municipal, county,
regional and other planning agencies and planning groups within the state for
the purpose of promoting coordination between the state and localities as to
plans and development in order to maintain a high level of gainful employment
in private profitable production and achieve commensurate advancement in social
and cultural welfare; and
(10) Aiding in coordinating the activities
of statewide and local planning agencies, correlating information secured from
them, assisting in problem solving and resolving state department concerns on a
regional level if appropriate, securing and disseminating information and
suggestions to such planning agencies; and encouraging and assisting in the
organization and functioning of local planning agencies where none exist. [1973
c.692 §2; 1979 c.620 §2; 1995 c.79 §195]
352.410 [1979 c.782 §1; repealed by 1987 c.246 §8]
352.420 [1979 c.782 §2; repealed by 1987 c.246 §8]
352.430 [1979 c.782 §3; repealed by 1987 c.246 §8]
352.440 [1979 c.782 §4; repealed by 1987 c.246 §8]
STATE
INSTITUTION FINANCES
352.510
University Fund from sale of university lands; use of interest; additions to
principal; pledges of credit limited. The interest that may hereafter accrue on the fund arising from the
sale of the university lands donated to the state by Act of Congress of
February 14, 1859, is set apart, separate and distinct from the General Fund,
and continuously appropriated to the maintenance, use and support of the
352.520
Loans of University Fund.
All moneys belonging to the University Fund shall be loaned by the Department
of State Lands in accordance with the provisions of ORS 327.425 to 327.455
governing loans from the Common School Fund.
352.530
Disbursement of proceeds of loans from University Fund. The Department of State Lands shall pay the
interest received on loans from the University Fund to the State Board of
Higher Education semiannually.
352.540 [Repealed by 1987 c.102 §4]
352.550 [Repealed by 1961 c.238 §1]
352.560
352.570
Loans of
352.580
Disbursement of proceeds of loans from
352.590 [Repealed by 1961 c.238 §1]
352.600
J. T. Apperson Agricultural College Educational Fund.
352.610
General powers and duties of trustee.
352.620
Execution of instruments.
352.630
Payment of expenses; rulemaking. All necessary expenses incurred by
352.640 [Amended by 1969 c.594 §56; 1975 c.605 §19;
repealed by 1987 c.246 §8]
352.650
Deposit of Apperson and Burbank funds. Whenever there remains in the hands of the trustee of the J. T.
Apperson Agricultural College Educational Fund or of the Burbank Trust Fund any
portion of either of such funds not then required for investment or loan
purposes, the trustee may require the State Treasurer to deposit such fund or
portions thereof, until the same is required by it, in qualified state
depositories in the same manner as state funds belonging to the State of Oregon
are deposited therein, but separate and distinct from the General Fund. Any
interest received from the deposit of any such trust funds shall be credited to
the particular fund on which such interest was earned. [Amended by 1989 c.966 §40]
CLINICAL
LEGAL EDUCATION PROGRAMS
352.655
Domestic Violence Clinical Legal Education Account. The Domestic Violence Clinical Legal
Education Account is created within the General Fund. The account shall consist
of moneys paid into the account under ORS 21.111 (4). Moneys credited to the
account are continuously appropriated to the Department of Higher Education,
and may be used only for the purpose of funding clinical legal education programs
at accredited institutions of higher education that provide civil legal
services to victims of domestic violence, stalking or sexual assault. The
department may provide funding to a program from the account only if the
program operates in conjunction with at least one nonprofit service provider to
victims of domestic violence, stalking or sexual assault, and as part of the
program the provider performs victim counseling services and student training.
The department shall distribute moneys from the account to programs in amounts
that are proportional to the number of victims of domestic violence, stalking
or sexual assault served by the program in the preceding year as compared to
the number of victims of domestic violence, stalking or sexual assault served
by all programs in the preceding year. [2007 c.666 §3]
Note: 352.655 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 352 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
352.660 [Repealed by 1961 c.238 §1]
POLICY ON INDEPENDENT
INSTITUTIONS OF HIGHER EDUCATION
352.665
Legislative findings. The
Legislative Assembly finds that:
(1) The current and future need for higher
education services in
(2) From the early 1840s the citizens of
Oregon, through private initiative, have created and sustained a variety of
independent not-for-profit institutions of higher education, irrevocably
organized as public benefit corporations in service to the people of Oregon.
For the purposes of ORS 352.665 to 352.675, “independent institutions” or “independent
higher education” refers to such institutions.
(3) These independent institutions:
(a) Conduct teaching, research and public
service of high quality, contributing substantially to the preparation of a
professional workforce, to the intellectual and cultural quality of life in
Oregon and to the individual character of social responsibility so highly
prized in this state and nation;
(b) Provide a major share of all
post-secondary education in
(c) Add meaningful and valued diversity to
the array of post-secondary educational opportunities available to Oregonians;
(d) Are accessible to qualified students
of all ethnic backgrounds and from all socioeconomic levels;
(e) Annually attract thousands of talented
people to
(f) Provide unique local opportunities in
higher education that many Oregonians would otherwise leave the state to find;
(g) Attract and sustain voluntary
donations of private time, treasure and talent from thousands of citizens in
public service toward fulfilling the educational needs of the larger community;
and
(h) Constitute a sizable economic
enterprise.
(4) The educational capital and services
of these independent institutions are essential to meeting the current and
future higher educational needs of
Note: 352.665 to 352.675 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
352 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
352.667
Public purpose to encourage and increase opportunities in independent higher
education. Based on the
legislative findings described in ORS 352.665, the Legislative Assembly
declares that it is an important public interest to encourage and increase
opportunities in independent higher education for the people of
Note: See note under 352.665.
352.669
Policies and practices of state agencies. The Legislative Assembly declares that all state agencies, in
particular state institutions of higher education, should pursue policies and
engage in practices that enhance the vitality of independent higher education
in
Note: See note under 352.665.
352.670 [Repealed by 1961 c.238 §1]
352.672
State financial aid for students. The Legislative Assembly declares that it is an important public
interest, and an appropriate objective of the state, that Oregonians who need
financial assistance to attend an independent institution in
Note: See note under 352.665.
352.675
State policies to enhance and encourage independent higher education. The Legislative Assembly declares its
ongoing interest in state policies that:
(1) Enhance the ability of independent
institutions to sustain and expand their services in
(2) Complement, assist and strengthen
existing or planned programs and activities of independent institutions in
(3) Encourage broad public participation
in independent higher education;
(4) Promote coordination among independent
and community colleges and state universities;
(5) Stimulate and encourage private
initiative and financial support in connection with the programs and activities
of independent higher education;
(6) Encourage recognition of the
contributions made by independent higher education to the well-being of the state
and to the development of the individual; and
(7) Develop, maintain and provide the
public with sufficient information concerning independent educational
opportunities within the state. [1993 c.325 §5; 1997 c.11 §10]
Note: See note under 352.665.
352.680 [Repealed by 1961 c.238 §1]
AID TO
INDEPENDENT INSTITUTIONS
352.710
Policy. It is hereby
determined and declared as a matter of legislative finding that:
(1) Independent institutions of higher
education in the state educate a substantial share of all post-secondary
students in
(2) The state’s duty to support the
achieving of public welfare purposes in education may be, in part, fulfilled by
the state’s support of those nonsectarian educational objectives achieved
through nonpublic post-secondary institutions.
(3) Many of
352.720
Definitions for ORS 352.710 to 352.760. As used in ORS 352.710 to 352.760, unless the context requires
otherwise:
(1) “Commission” means the Oregon Student
Assistance Commission.
(2) “Private and independent institutions
of higher education” or “institution” means any nonpublic and nonprofit college
or university in the State of Oregon accredited by the Northwest Association of
Schools and Colleges and any chiropractic college located in this state and
accredited by the Commission on Accreditation of the Council on Chiropractic
Education, or its successor.
(3) “Nonsectarian educational services”
means the providing of instruction in secular subjects.
(4) “Secular subjects” means any course
which is presented in the curriculum of a private and independent institution
of higher education which is not hobby or recreational in nature or which does
not advocate the religious teachings or the morals or forms of worship of any
sect. [1971 c.693 §2; 1973 c.721 §6; 1977 c.735 §1; 1977 c.768 §2; 1978 c.1 §4;
1989 c.845 §3; 1999 c.704 §20]
352.730
Contracts with independent institutions for nonsectarian and nonreligious
educational services. (1)
The Oregon Student Assistance Commission may enter into contracts with private
and independent institutions of higher education for the performance of
nonsectarian educational services to assist the state in providing educational
opportunities for
(2) The commission may accept grants,
gifts, bequests, and devises of real and personal property to carry out the
purposes of ORS 352.710 to 352.760.
(3) No funds disbursed pursuant to ORS 352.710
to 352.760 shall be used by any recipient for any religious purpose. [1971
c.693 §3; 1981 c.213 §1]
352.740
Computation of payments under contracts. Payments to private and independent institutions of higher education
under contracts entered into under ORS 352.730 shall be determined by the
Oregon Student Assistance Commission on a uniform rate for every 45 quarter
hours, or equivalent, of approved and registered course work in nonsectarian
subjects completed by undergraduate students enrolled in the institutions who
are residents of Oregon, and shall not exceed the actual cost to the
institution of providing such educational services. This uniform rate shall
apply to the estimated 45-hour units for each institution upon which the
legislative appropriation is based for that year, or the actual 45-hour units
for each institution, whichever is the lesser. Any remaining funds shall be
distributed among those institutions whose actual 45-hour units exceed the
estimate. The distribution to each institution shall be according to the
uniform rate established for the 45-hour units or an amount equal to the ratio
that the excess units bear to 45. However, if insufficient funds are available
for such a distribution, then the distribution shall be according to the ratio
that the total number of 45-hour units in excess of the estimate bears to the
total amount of funds remaining undistributed, multiplied by the number of
excess 45-hour units, if any, at each institution. [1971 c.693 §4; 1973 c.815 §5;
1977 c.768 §1]
352.750
Rules. In accordance with
any applicable provisions of ORS chapter 183, the Oregon Student Assistance
Commission may make such reasonable rules and regulations as are necessary or
proper to carry out ORS 352.710 to 352.760. [1971 c.693 §5]
352.760
Severability. If a part of
ORS 352.710 to 352.760 is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of ORS 352.710 to 352.760 is invalid
in one or more of its applications, the part remains in effect in all valid
applications that are severable from the invalid applications. [1971 c.693 §7]
FINANCE OF
EDUCATIONAL FACILITIES BY MUNICIPALITY
352.790
Definitions for ORS 352.790 to 352.820. As used in ORS 352.790 to 352.820, unless the context requires otherwise:
(1) “Education facilities” means real or
personal property owned or operated by an educational institution and used to
provide post-secondary education. “Education facilities” includes
administrative offices, student and staff parking and on-campus dormitories,
but does not include property used for sectarian instruction nor used primarily
as a place of religious worship or as a part of a program of a school or
department of divinity for any religious denomination or for the religious
training of ministers, priests, rabbis or other similar persons in the field of
religion.
(2) “Education facilities costs” means all
costs of acquiring, constructing and improving education facilities, and
capitalized interest, reserves, costs of credit enhancements and costs of
issuing and paying revenue bonds.
(3) “Education facility revenues” means
repayments of loans authorized by ORS 352.800 (3), and any moneys derived from
rights or property which are security for such a loan.
(4) “Educational institution” means any
nonprofit institution located in this state which grants post-secondary degrees
and is accredited by the Northwest Association of Schools and Colleges or
affiliated nonprofit foundations whose role is to further the mission of
qualified institutions.
(5) “Municipality” means any city or
county.
(6) “Revenue bond” means a revenue bond as
defined in ORS 287A.001 that is issued by a municipality pursuant to ORS
352.790 to 352.820. [1987 c.812 §1; 2007 c.783 §153]
352.795
Finance of education facilities by municipalities. In order to provide the people of this state
with access to quality post-secondary education at a reasonable cost, and to
provide an educated workforce which promotes economic development within this
state, the Legislative Assembly authorizes municipalities to finance education
facilities in accordance with ORS 352.790 to 352.820. [1987 c.812 §2]
352.800
Powers of municipality.
Except as otherwise provided in ORS 352.810, a municipality shall have all
powers necessary to finance education facilities in accordance with ORS 352.790
to 352.820, including the power:
(1) To borrow money and to issue revenue
bonds to finance education facilities costs or to refund revenue bonds pursuant
to ORS 287A.150.
(2) To pledge education facility revenues
to pay revenue bonds.
(3) To loan money to educational
institutions to finance education facilities and to enter into loan contracts.
(4) To enter into covenants with the
owners of revenue bonds which are intended to protect the rights of such owners.
(5) To contract with trustees to hold and
administer education facility revenues and the proceeds of revenue bonds.
(6) To take any other action necessary to
carry out the powers granted by ORS 352.790 to 352.820. [1987 c.812 §3; 2007
c.783 §154]
352.805
Revenue bonds; issuance; trust funds; pledge; terms; legal effect. (1) Revenue bonds shall be payable solely
from that portion of education facility revenues which the municipality pledges
therefor in the resolution authorizing issuance of revenue bonds.
(2) A municipality may authorize the
issuance of revenue bonds by resolution or nonemergency ordinance under the
procedure described in ORS 287A.150.
(3) The resolution may provide for the
establishment of one or more special funds and may place such funds under the
control of one or more trustees. The resolution may obligate the municipality
to deposit and expend the proceeds of the revenue bonds only into and from such
fund or funds, and to set aside and pay into such fund or funds specified education
facility revenues.
(4) Any pledge of education facility
revenues made by a municipality shall be valid and binding, without physical
delivery or additional action, from the time that the pledge is made against
any parties having subsequent claims of any kind in tort, contract or otherwise
against a municipality or an educational institution, irrespective of whether
such parties have actual notice thereof. The pledge shall be noted in the
resolution authorizing issuance of revenue bonds, which shall be constructive
notice thereof to all parties and the resolution need not be recorded, nor
shall the filing of any financing statement under the Uniform Commercial Code
be required to perfect such pledge.
(5) The municipality may establish the
terms under which its revenue bonds shall be issued and sold.
(6) All revenue bonds issued pursuant to
ORS 352.790 to 352.820 shall be legal securities which may be used by any
insured institution or trust company, as those terms are defined in ORS
706.008, for deposit with the State Treasurer or a county treasurer or city
treasurer as security for deposits in lieu of a surety bond under any law
relating to deposits of public moneys. The revenue bond shall constitute legal
investments for public bodies, trustees and other fiduciaries, banks, savings
and loan associations and insurance companies. All revenue bonds shall
constitute negotiable instruments within the meaning of and for all purposes of
the law of this state. [1987 c.812 §4; 1997 c.631 §465; 2003 c.195 §27; 2007
c.783 §155]
352.810
Revenue bonds secured by educational facility revenues. Revenue bonds shall not be a general bond of
any municipality nor a charge upon the tax revenues of any municipality, and
shall be secured solely by the education facility revenues pledged to their
payment. [1987 c.812 §5]
352.815
Municipalities acting jointly.
All powers and duties provided in ORS 352.790 to 352.820 may be exercised or
discharged by two or more municipalities acting jointly. A municipality may
issue revenue bonds to finance education facilities located within the
boundaries of another municipality. [1987 c.812 §6]
352.820
Investment of revenues.
Notwithstanding ORS chapter 294, education facility revenues and the proceeds
of revenue bonds may be invested in any classes of security which are described
in the resolution authorizing issuance of the revenue bonds or are otherwise
approved by the municipality. [1987 c.812 §7]
352.990 [Subsection (2) enacted as 1959 c.569 §6;
1969 c.622 §2; 1983 c.186 §2; 1983 c.338 §917; 1985 c.16 §475; repealed by 1987
c.158 §63 and 1987 c.246 §8]
_______________