2015 ORS 352.138¹
Applicability of laws to universities with a governing board

Caution-flag-2-25x25
This section is amended
Effective June 2, 2016
Relating to university venture development funds; creating new provisions; amending ORS 315.521, 350.540, 350.550, 352.138 and 353.445 and section 27, chapter 913, Oregon Laws 2009; and prescribing an effective date.

(1) The following entities are not subject to any provision of law enacted after January 1, 2013, that is unique to governmental entities unless the following entities are expressly named:

(a) A university with a governing board; and

(b) Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a university with a governing board and if the organization or entity is created by the university to advance any of the university’s statutory missions.

(2) Notwithstanding subsection (1) of this section and ORS 352.033 (Status of university with a governing board), the provisions of 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), 33.710 (Definitions), 33.720 (Proceeding in rem), 200.005 (Definitions for ORS 200.005 to 200.075, 200.160 to 200.200 and 279A.105) to 200.025 (Governor's Policy Advisor for Economic and Business Equity), 200.045 (Required participants) to 200.090 (Contracting agencies to pursue policy of providing opportunities), 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), 279.835 (Definitions for ORS 279.835 to 279.855), 279.840 (Purpose), 279.850 (Procurement of product or service) and 297.040 (Payment of costs and expenses of audits authorized by ORS 297.030) and ORS chapters 35, 190, 192 and 244 apply to a university with a governing board under the same terms as they apply to public bodies other than the state.

(3) Except as otherwise provided by law, the provisions of ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required), 180.060 (Powers and duties of Attorney General), 180.210 (Department of Justice) to 180.235 (Authority of agency to employ counsel), 184.305 (Oregon Department of Administrative Services) to 184.345 (Oregon Department of Administrative Services to provide services to certain agencies on reimbursable basis), 190.480 (Definition for ORS 190.480 to 190.490), 190.490 (Approval of agreement by Attorney General), 200.035 (Notice to Governor's Policy Advisor for Economic and Business Equity), 243.696 (State agency representatives in bargaining), 357.805 (Definitions for ORS 357.805 to 357.895) to 357.895 (Rules) and 656.017 (Employer required to pay compensation and perform other duties) (2) and ORS chapters 182, 183, 240, 270, 273, 276, 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 294, 295 and 297 do not apply to a university with a governing board.

(4)(a) Notwithstanding subsections (1) and (3) of this section and ORS 352.033 (Status of university with a governing board), ORS 240.167 (Cost of operating Employment Relations Board divided among various divisions of state government), 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.827 (Division of public works project), 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts), 279C.835 (Notifying commissioner of public works contract subject to prevailing wage), 279C.836 (Public works bond), 279C.838 (Applicability of state and federal rates of wage), 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 a university with a governing board under the same terms as they apply to public bodies other than the state.

(b) Notwithstanding subsections (1) and (3) of this section, 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 owned by a university with a governing board or by a not-for-profit organization or other entity that a university with a governing board owns or controls exclusively.

(5) Notwithstanding subsection (2) of this section, ORS 190.430 (Attorney General to review agreements) and 192.105 (State Archivist authorization for state officials to dispose of records) do not apply to a university with a governing board or any organization or other entity described in subsection (1) of this section.

(6) Notwithstanding ORS 352.033 (Status of university with a governing board), except as set forth in subsection (3) of this section, ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized) and 276.073 (Definitions for ORS 276.073 to 276.090) to 276.090 (State agencies to determine art work acquisitions) and ORS chapters 238 and 238A apply to a university with a governing board under the same terms as they apply to the state.

(7) ORS 350.285 (Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients), 350.290 (Resident tuition and fees for nonresident students who served in Armed Forces or international position), 352.198 (Authority of public universities to require fingerprints), 352.226 (Personnel records), 352.232 (Sources of compensation for officers and employees), 352.293 (Rights of student ordered to active duty), 352.296 (Credit for room, board, tuition and fees for student ordered to active duty), 352.303 (Waiver of tuition for Oregon residents at least 65), 352.309 (Credit for education and training received while in Armed Forces) and 352.313 (Status of members of Armed Forces and certain federal agencies) apply to a university with a governing board.

(8) Notwithstanding ORS 352.033 (Status of university with a governing board), a university with a governing board and its agents and employees 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.

(9) Notwithstanding ORS 352.033 (Status of university with a governing board), ORS 350.540 (Venture grant program), 350.545 (University venture development funds) and 350.550 (Purposes of funds) apply to a university with a governing board. A university with a governing board may not issue a tax credit certificate under ORS 350.540 (Venture grant program), 350.545 (University venture development funds) and 350.550 (Purposes of funds) that will cause the public universities listed in ORS 352.002 (Public universities) to owe the General Fund more than $6 million at any one time under ORS 350.540 (Venture grant program), 350.545 (University venture development funds) and 350.550 (Purposes of funds).

(10) If state bonds are issued for the benefit of a university with a governing board under Article XI-Q of the Oregon Constitution:

(a) The Higher Education Coordinating Commission shall have the powers and duties of a project agency, as defined in ORS 286A.816 (Definitions for ORS 286A.816 to 286A.826), to the extent necessary for the issuance of the state bonds and the administration of the proceeds of the state bonds; and

(b) The university and the Higher Education Coordinating Commission shall enter into grant contracts or loan agreements that comply with rules adopted by the Oregon Department of Administrative Services relating to:

(A) Disbursement of project funds by a project agency through grant contracts or loan agreements;

(B) Submission of a request for project funds to the commission under ORS 350.095 (Budgetary items in funding request); and

(C) Any other matters determined by the Oregon Department of Administrative Services to be necessary for the administration of the Article XI-Q bond program.

(11) Nothing in this section may be construed so that statutory provisions that are not set forth in this section apply to a university with a governing board. [2013 c.768 §16; 2013 c.722 §80; 2013 c.768 §179; 2014 c.113 §6; 2014 c.121 §17; 2015 c.209 §1; 2015 c.767 §22; 2015 c.828 §23]


1 Legislative Counsel Committee, CHAPTER 352—Public Universities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors352.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.