ORS 352.138
Applicability of laws to public universities
(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 public university listed in ORS 352.002 (Public universities); and(b)
Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a public university 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 public universities), 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) 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 public university listed in ORS 352.002 (Public universities) 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 (Bargaining representatives for executive department state agencies, judicial department and legislative department), 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 public university listed in ORS 352.002 (Public universities).(4)
Intentionally left blank —Ed.(a)
Notwithstanding subsections (1) and (3) of this section and ORS 352.033 (Status of public universities), 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 public university listed in ORS 352.002 (Public universities) 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 public university listed in ORS 352.002 (Public universities) or by a not-for-profit organization or other entity that a public university 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 public university listed in ORS 352.002 (Public universities) or any organization or other entity described in subsection (1) of this section.(6)
Intentionally left blank —Ed.(a)
Notwithstanding ORS 352.033 (Status of public universities), except as set forth in subsection (3) of this section, ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) 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 public university listed in ORS 352.002 (Public universities) under the same terms as they apply to the state.(b)
For purposes of determining the salary of an active member of the Public Employees Retirement System under ORS 238A.005 (Definitions) (17), remuneration paid to a member in return for services to a public university listed in ORS 352.002 (Public universities) is deemed includable in the member’s taxable income under Oregon law during a period of continuous employment with any public university listed in ORS 352.002 (Public universities) if:(A)
The member was hired in a qualifying position by a public university listed in ORS 352.002 (Public universities) on or after August 29, 2003, and on or before December 31, 2016; and(B)
The member resided and performed services in the United States during the period of continuous employment.(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, or who are dependents of someone 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 public university listed in ORS 352.002 (Public universities).(8)
Notwithstanding ORS 352.033 (Status of public universities), a public university listed in ORS 352.002 (Public universities) 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 public universities), ORS 350.540 (Venture grant program), 350.545 (University venture development funds) and 350.550 (Purposes of funds) apply to a public university listed in ORS 352.002 (Public universities). A public university 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 General Fund to be owed more than $8.4 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 public university listed in ORS 352.002 (Public universities) 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 public university listed in ORS 352.002 (Public universities). [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; 2016 c.31 §8; 2017 c.440 §23; 2017 c.642 §2]
Source:
Section 352.138 — Applicability of laws to public universities, https://www.oregonlegislature.gov/bills_laws/ors/ors352.html.
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