ORS 351.086¹
Oregon University System exemption 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, 279A, 279B, 279C, 282 and 292 do not apply to the Oregon University System.

(2) Notwithstanding subsection (1) of this section, ORS 240.167 (Cost of operating Employment Relations Board divided among various divisions of state government), 240.185 (Maximum number of state employees), 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), 279C.810 (Exemptions), 279C.825 (Fees), 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts), 279C.835 (Notifying commissioner of public works contract), 279C.840 (Payment of prevailing rate of wage), 279C.845 (Certified statements regarding payment of prevailing rates of wage), 279C.850 (Inspection to determine whether prevailing rate of wage being paid), 279C.855 (Liability for violations), 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage), 279C.865 (Civil penalties), 279C.870 (Civil action to enforce payment of prevailing rates of wage) and 292.043 (Deduction for payment to foundations) apply to the Oregon University System.

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

(a) ORS 182.310 (Definitions for ORS 182.310 to 182.360) to 182.400 (Report on productivity improvement program);

(b) ORS 273.413 (Disposition of unsuitable state lands) to 273.456 (Lease of space above or below street or highway);

(c) ORS 276.071 (Applicability of certain statutes to public improvements under lease purchase agreements) and 276.072 (When written notice required for public improvement under lease purchase); and

(d) ORS 291.038 (State agency planning, acquisition, installation and use of information and telecommunications technology).

(4) Notwithstanding subsection (3)(b) 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 owned by the Oregon University System that is encumbered by a certificate of participation.

(5) In carrying out the duties, functions and powers imposed by law upon the Oregon University System, the State Board of Higher Education or the Chancellor of the Oregon University System may contract with any public agency for the performance of such duties, functions and powers as the Oregon University System considers appropriate. [1995 c.612 §2; 1997 c.802 §16; 1999 c.210 §1; 2003 c.562 §3; 2003 c.674 §8; 2003 c.794 §259a; 2007 c.71 §97]

Note: 351.086 (Oregon University System exemption from certain laws), 351.087 (Policies for operation of Oregon University System), 351.092 (Acquisition, installation and use of data processing equipment), 351.094 (Provision of group insurance for employees) and 351.097 (Payment of salaries or compensation) 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.

Chapter 351

Atty. Gen. Opinions

State institu­tions of higher educa­tion paying carpooling employees' parking fees, (1974) Vol 36, p 1015

1 Legislative Counsel Committee, CHAPTER 351—Higher Education Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors351.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 351, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­351ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information