2013 ORS § 351.086¹
Applicability of certain laws to Oregon University System
  • status of Oregon University System as public body

(1) Except as otherwise provided in this chapter and ORS chapter 352, the provisions of ORS chapters 182, 240, 270, 273, 276, 278, 279A, 279B, 279C, 282, 283, 291 and 292 and ORS 180.060 (Powers and duties of Attorney General), 180.160 (Charges for services to public agencies), 180.210 (Department of Justice), 180.220 (Powers and duties), 180.225 (Attorney General representing public bodies in antitrust proceedings) and 180.230 (Compensation not allowed state departments for attorney services) do not apply to the Oregon University System.

(2)(a) Notwithstanding subsection (1) of this section, the provisions of ORS 182.100 (Affirmative action policy), 182.109 (Agency actions to carry out state policies for persons with disabilities), 240.167 (Cost of operating Employment Relations Board divided among various divisions of state government), 276.073 (Definitions for ORS 276.073 to 276.090) to 276.090 (State agencies to determine art work acquisitions), 279A.065 (Model rules generally) (2), 279B.055 (Competitive sealed bidding) (3), 279C.380 (Performance bond) (1)(a) and (3), 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) to 279C.625 (Joint liability when payment bond not executed), 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status), 291.200 (Budget policy), 291.201 (Tax expenditure defined for ORS 291.201 to 291.222) to 291.222 (Furnishing information and assistance to Governor-elect), 291.223 (Furnishing agency budget estimates to Legislative Fiscal Officer and Legislative Revenue Officer), 291.224 (Inclusion of capital construction program in budget report) (2) and (6), 291.226 (Budget item to replace lost and unrecovered public funds or property), 291.272 (Definitions for ORS 291.272 to 291.278) to 291.278 (Transfer of allocated amounts), 291.322 (Definitions for ORS 291.322 to 291.334) to 291.334 (Board authorized to secure assistance), 291.405 (Assessment of state agencies for mass transit purposes), 291.407 (Mass Transit Assistance Account), 291.445 (Certificate of state agency that issues general obligation bonds), 292.043 (Deduction for payment to foundations) and 292.044 (Deduction by employees of public universities for payment to nonprofit organization) apply to the Oregon University System.

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

(3) Notwithstanding subsection (1) of this section, ORS 273.413 (Disposition of unsuitable state lands) to 273.456 (Lease of space above or below street or highway) apply to any structure, equipment or asset the Oregon University System owns and that is encumbered by a certificate of participation.

(4) Notwithstanding subsection (6) of this section:

(a) The provisions of ORS chapters 35, 190, 192, 244 and 297 and ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.460 (Payment of fines or costs in proceeding to enforce county ordinance or resolution), 184.480 (State agency defined for ORS 184.480 to 184.488), 184.483 (Oregon transparency website), 184.486 (Transparency Oregon Advisory Commission), 184.488 (Transparency Oregon Advisory Commission Fund), 200.005 (Definitions for ORS 200.005 to 200.075, 200.160 to 200.200 and 279A.105) to 200.025 (Advocate for Minority, Women and Emerging Small Business), 200.045 (Standards for good faith efforts to meet contract requirements) to 200.090 (Public agencies to pursue policy of providing opportunities), 200.100 (Definitions for ORS 200.100 to 200.120) to 200.120 (Standards for program participation), 200.160 (Transportation Commission duties) to 200.200 (Security for performance by emerging small business), 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), 243.800 (Optional retirement plan for certain academic and administrative higher education employees), 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company), 243.830 (Effect of agreement on retirement contributions and benefits), 243.850 (Qualified football coaches plan), 243.910 (Definitions for ORS 243.910 to 243.945) to 243.945 (Employees not eligible for assistance), 307.090 (Property of the state, counties and other municipal corporations) and 307.112 (Property held under lease, sublease or lease-purchase by institution, organization or public body other than state) apply to the Oregon University System under the same terms as they apply to other public bodies other than the State of Oregon.

(b) The provisions of ORS chapter 286A and ORS 293.115 (Moneys separate and distinct from General Fund), 293.117 (Trust fund), 293.130 (Information required on records of moneys deposited), 293.169 (Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers), 293.171 (State agency overdrafts), 293.205 (Definitions for ORS 293.205 to 293.225) to 293.225 (Construction of ORS 293.205 to 293.220), 293.250 (Collections Unit), 293.265 (Moneys collected to be turned over to State Treasurer) to 293.280 (Application of ORS 293.265 to 293.275), 293.285 (Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments), 293.295 (When claim against moneys in State Treasury may be paid), 293.321 (Limitation on time of presentment of claims), 293.353 (Payment for expense of processing banking-related transactions), 293.375 (Use of facsimile signatures by state officers and employees), 293.406 (Payment by State Treasurer), 293.465 (Definitions for ORS 293.465 to 293.485) to 293.485 (Effect of wrongful payment), 293.490 (Payment upon death of person entitled to money from state if estate not in probate), 293.495 (Procedure for payment), 293.525 (Payments to and by state agencies by electronic funds transfers), 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government), 293.875 (State Treasurer as state banking and cash management officer), 293.880 (Accounts and funds established to comply with federal legislation relating to state and federal cash management reform) and 293.990 (Penalties) apply to the Oregon University System under the same terms as they apply to state agencies with moneys held by the State Treasurer, to the Oregon University System Fund established in ORS 351.506 (Oregon University System Fund) and to any other moneys deposited with or held by the State Treasurer for the Oregon University System.

(5) Notwithstanding subsections (1) and (6) of this section, the Oregon University System and the agents and employees of the Oregon University System remain subject to all statutes and administrative rules of this state that create rights, benefits or protections in favor of military veterans, service members and families of service members to the same extent as an agency of this state would be subject to such statutes and administrative rules.

(6)(a) Except as provided by paragraph (b) of this subsection, the Oregon University System, as a distinct governmental entity, is not subject to any provision of law enacted after January 1, 2011, with respect to any governmental entity, that is unique to governmental entities, unless the provision specifically provides that the provision applies to the Oregon University System.

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

(7) In carrying out the duties, functions and powers imposed by law upon the Oregon University System, the State Board of Higher Education or the Chancellor of the Oregon University System may contract with any public agency to perform duties, functions and powers that the board or chancellor considers appropriate. [1995 c.612 §2; 1997 c.802 §16; 1999 c.210 §1; 2003 c.562 §3; 2003 c.674 §8; 2003 c.794 §259a; 2007 c.71 §97; 2011 c.637 §41; 2012 c.104 §48; 2013 c.203 §2]