Bill Text: OR SB894 | 2011 | Regular Session | Introduced

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Bill Title: Relating to exemptions from the Public Contracting Code for the Oregon University System; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB894 Detail]

Download: Oregon-2011-SB894-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3821

                         Senate Bill 894

Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
  BUSINESS PROTECTION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Removes certain exemptions from Public Contracting Code for
Oregon University System.
  Becomes operative January 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to exemptions from the Public Contracting Code for the
  Oregon University System; creating new provisions; amending ORS
  351.086; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 351.086 is amended to read:
  351.086. (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, 240.185, 279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and
(3), 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825,
279C.830, 279C.835, 279C.840, 279C.845, 279C.850, 279C.855,
279C.860, 279C.865, 279C.870 and 292.043 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 to 182.400;
  (b) ORS 273.413 to 273.456;
  (c) ORS 276.071   { - and 276.072 - } ; and
  (d) ORS 291.038.
  (4) Notwithstanding subsection (3)(b) of this section, ORS
273.413 to 273.456 apply to   { - any - }  { +  a + } structure,
equipment or asset owned by the Oregon University System that is
encumbered by a certificate of participation.
   { +  (5) Notwithstanding subsection (3)(c) of this section,
ORS 279A.005 to 279A.030, 279A.050 to 279A.075, 279A.100,
279A.105, 279A.110, 279A.120 and 279A.125 and ORS chapter 279C,
except ORS 279C.600 to 279C.625, apply to a public improvement
that the Oregon University System or an institution of the Oregon
University System constructs, reconstructs or renovates directly
or has constructed, reconstructed or renovated under a contract,
lease-purchase agreement or other agreement under which the State
of Oregon, the Oregon University System or an institution of the

Oregon University System will use or ultimately own the public
improvement. + }
    { - (5) - }  { +  (6) + } 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 - }  { +  to perform + } duties,
functions and powers   { - as - }  { +  that + } the Oregon
University System considers appropriate.
  SECTION 2.  { + The amendments to ORS 351.086 by section 1 of
this 2011 Act apply to a contract, lease-purchase agreement or
other agreement described in ORS 351.086 (5) that the Oregon
University System or an institution of the Oregon University
System first advertises or otherwise solicits on or after the
operative date set forth in section 3 of this 2011 Act or, if the
Oregon University System or institution does not advertise or
solicit the contract, lease-purchase agreement or other
agreement, to a contract, lease-purchase agreement or other
agreement described in ORS 351.086 (5) that the Oregon University
System or institution enters into on or after the operative date
set forth in section 3 of this 2011 Act. + }
  SECTION 3.  { + (1) The amendments to ORS 351.086 by section 1
of this 2011 Act become operative on January 1, 2012.
  (2) The Chancellor of the Oregon University System may take any
action before the operative date specified in subsection (1) of
this section that is necessary to enable the chancellor to
exercise, on and after the operative date specified in subsection
(1) of this section, all of the duties, functions and powers
conferred on the chancellor by the amendments to ORS 351.086 by
section 1 of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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