Chapter 539 Oregon Laws 2001

 

AN ACT

 

HB 2235

 

Relating to state printing; creating new provisions; amending ORS 166.427, 282.010, 282.020, 282.025, 282.030, 282.040, 282.050, 282.076, 282.080, 282.110, 282.150, 357.090 and 561.180; and repealing ORS 282.090.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 282.010 is amended to read:

          282.010. As used in ORS [282.010 to 282.060 and 282.080 to 282.150] 282.010 to 282.150, unless the context otherwise requires:

          (1) “Department” means the Oregon Department of Administrative Services.

          [(2) “State printing section” means the administrative unit within the Oregon Department of Administrative Services handling the state printing functions.]

          (2)(a) “Printed public document” means informational matter produced for public distribution regardless of format, method of reproduction, source or copyright, originating in any state agency or produced with the imprint of, by the authority of or at the total or partial expense of any state agency.

          (b) “Printed public document” does not include:

          (A) Correspondence, forms, interoffice or intraoffice memoranda;

          (B) Legislative bills, calendars and interim committee reports made available under ORS 171.206;

          (C) Oregon Revised Statutes or any edition thereof; or

          (D) Reports and publications of the Supreme Court, the Court of Appeals and the Oregon Tax Court.

          (3) “Printing” means printing, duplicating and copying.

 

          SECTION 2. ORS 282.020 is amended to read:

          282.020. (1) [Subject to the final approval of] The Director of the Oregon Department of Administrative Services or the designee of the director[, the State Printer] shall:

          (a) Control and manage [the state printing section and] all state printing.

          (b) Control all state [government] printing purchases, including those outside of the [state printing plant] Oregon Department of Administrative Services; and any printing conducted outside of the [state printing plant] department on behalf of state government may be conducted only through authority of the [State Printer] director or the director’s designee.

          (2) Printing and binding [which] that advertises or promotes products, agricultural or manufactured, shall not be considered state printing.

          (3) The [State Printer] director or the director’s designee may advertise for bids and award contracts for state printing, but the policy of the [State Printer] director or the director’s designee in deciding what work shall be let by contract shall be dictated by questions of good business and economy.

 

          SECTION 3. ORS 282.025 is amended to read:

          282.025. During sessions of the Legislative Assembly and immediately thereafter the Oregon Department of Administrative Services [and the state printing section] shall give first priority to the printing of legislative publications and materials for the Legislative Assembly, its officers and committees.

 

          SECTION 4. ORS 282.030 is amended to read:

          282.030. (1) Before being printed all copy specifications must be submitted to the Director of the Oregon Department of Administrative Services or the director’s designee for review and approval as to format, style and quality in accordance with rules of the Oregon Department of Administrative Services. The [department] director or the director’s designee may in the interest of economy, revise the specifications but not in such a manner as to destroy the purpose or quantity of the copy.

          (2) For purposes of this section, “copy specification” does not include any specification of the Legislative Assembly or any committee or officer thereof.

 

          SECTION 5. ORS 282.040 is amended to read:

          282.040. The Oregon Department of Administrative Services shall determine and fix the charges to be made for all printing work done by the [state printing section] department. In determining the charges, the cost of all labor, materials, office expense and depreciation shall be taken into consideration. All printing shall be paid for by the state agency for whose use and benefit it is secured and at the rate fixed and as per invoices rendered by the department. [Duplicating services rendered by the state printing section shall be deemed to be “printing” for the purposes of this section.]

 

          SECTION 6. ORS 282.050 is amended to read:

          282.050. (1) As used in this section, unless the context otherwise requires, the [terms] term “state agency” or “agency” [have] has the meaning given [such terms] that term in ORS 291.002.

          (2) The Oregon Department of Administrative Services shall control and regulate the performance and production of all multiple duplication work required by state agencies and the purchase and use of multiple duplication equipment, including but not limited to xerographic or other copying devices. The department shall itself perform[, through the state printing plant,] such duplicating services for the state agencies as may practicably and economically be performed centrally, and for that purpose may require that duplicating equipment possessed by any agency be transferred to the [state printing section] department. The department further may require transfers of duplicating equipment between agencies where [so to do] doing so would result in efficiency and economy. Where any duplicating equipment is so transferred to the [state printing section] department or between agencies, the proper adjustment shall be made in the accounts and appropriation allotments of the department and of the agencies involved.

 

          SECTION 7. ORS 282.076 is amended to read:

          282.076. (1) An athletic department of any university under the jurisdiction of the State Board of Higher Education shall not be required to use [for printing] state printing services controlled by the [State Printer] Director of the Oregon Department of Administrative Services or the designee of the director as required by ORS 282.020 (1).

          (2) A state agency that gives to the director [of the Oregon Department of Administrative Services] prior written notice of its intent to use other printing services shall not be required to use [for printing] state printing services controlled by the [State Printer] director or the director’s designee as required by ORS 282.020 (1), if the agency can demonstrate that these other printing services provide better value in the form of lower prices or better responsiveness than those services already provided by the [State Printer] Oregon Department of Administrative Services.

 

          SECTION 7a. ORS 282.080 is amended to read:

          282.080. (1) Subject to any applicable provisions of the Oregon Constitution and the State Personnel Relations Law, the Director of the Oregon Department of Administrative Services shall appoint a State Printer. The State Printer shall be paid out of the Oregon Department of Administrative Services Operating Fund as provided in ORS 282.110.

          [(2) Subject to the State Personnel Relations Law, the department shall employ such other assistance as may be necessary for carrying out the functions of the state printing section.]

          (2) Subject to any applicable provisions of the Oregon Constitution, the director shall establish qualifications, duties and a job description for the State Printer.

 

          SECTION 8. ORS 282.110 is amended to read:

          282.110. (1) All moneys received by the Oregon Department of Administrative Services for printing, ruling[, binding, etc., including duplicating services rendered by the state printing section,] and binding shall be promptly deposited in the State Treasury to the credit of the Oregon Department of Administrative Services Operating Fund created by ORS 283.076.

          (2) In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund may be used, the Oregon Department of Administrative Services Operating Fund hereby is appropriated continuously for and may be used for the purchase of all supplies and the payment of all labor and expense, including equipment and facilities, connected with the [operation of the state printing section] department’s printing, publishing and distribution activities. The administrative costs incurred in the operation of the Oregon Department of Administrative Services Operating Fund for the purposes of this section shall be paid from the account and shall be added to the costs of the [services rendered by the state printing section and collected by the department] department’s printing, publishing and distribution activities.

 

          SECTION 9. ORS 282.150 is amended to read:

          282.150. At the inauguration of a Governor, the [State Printer] Oregon Department of Administrative Services shall cause to be printed such number of copies of the inaugural address as the Governor-elect directs.

 

          SECTION 10. Section 11 of this 2001 Act is added to and made a part of ORS 282.010 to 282.150.

 

          SECTION 11. (1) Upon completing the original printing of any printed public document, the Oregon Department of Administrative Services shall provide an electronic version of the document, in a standard format, to the state agency that requested the printing. The electronic version shall be in addition to any version of the printed public document requested by the state agency.

          (2) The Director of the Oregon Department of Administrative Services or the director’s designee shall determine the standard format to be used under this section for electronic versions of printed public documents.

 

          SECTION 12. ORS 166.427 is amended to read:

          166.427. (1) Whenever a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise, buys or accepts in trade, a used firearm, the person shall enter in a register the time, date and place of purchase or trade, the name of the person selling or trading the firearm, the number of the identification documentation presented by the person and the make, model and manufacturer’s number of the firearm. The register shall be [printed by the State Printer and shall be] obtained from and furnished by the Department of State Police to the dealer on application at cost.

          (2) The duplicate sheet of the register shall, on the day of purchase or trade, be hand delivered or mailed to the local law enforcement authority.

          (3) Violation of this section by any person engaged in the business of selling, leasing or otherwise transferring a firearm is a Class C misdemeanor.

 

          SECTION 13. ORS 357.090 is amended to read:

          357.090. (1) Unless a greater or lesser number is agreed upon by the State Librarian and the issuing agency, the [State Printer] Oregon Department of Administrative Services or, in the event the [State Printer] department is unable to furnish the requisite number of copies of the public document, the issuing agency shall make available to the State Librarian for distribution to depository libraries 15 copies of all public documents and 30 copies of all core public documents. The [State Printer] department may withhold the prescribed number of copies from each printing order and forward them to the State Librarian. The cost of printing for all copies of a public document furnished to the State Librarian in compliance with this subsection shall be borne by the issuing agency.

          (2) The head of each issuing agency or a designee shall be the public documents liaison officer for the agency and shall be responsible for carrying out the agency’s obligations under this section. Each issuing agency shall notify the State Librarian of the name of the agency’s public documents liaison officer.

          (3) Each issuing agency shall provide to the State Librarian an annual listing of all public documents, including those produced in electronic form, that the agency has distributed to the public during the preceding year.

          (4) Issuing agencies shall not charge any public, school or academic library for access to information produced by the agency and maintained in electronic form.

 

          SECTION 14. ORS 561.180 is amended to read:

          561.180. (1) The Director of Agriculture may call for such reports, statistics and information as the director may desire, from time to time, from any division chief or employee of the State Department of Agriculture.

          (2) The director may, from time to time, cause to be published and distributed to the public in pamphlet form, or such other form as the director may deem best, such information as the director may judge to be of assistance in carrying on any of the work or purposes for the administration or for the carrying on of which the department is established.

          (3) All printing of such reports, pamphlets or other literature shall be done by the [State Printer] Oregon Department of Administrative Services.

          (4) Unless otherwise provided by law, the State Department of Agriculture may establish charges for any publication produced by it as authorized by subsection (2) of this section. Such charges shall be in amounts sufficient to cover the costs of preparation, printing, mailing and handling of each publication.

 

          SECTION 15. (1) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the State Printer, wherever they occur in Oregon Revised Statutes, other words designating the Oregon Department of Administrative Services. The substitution authority granted to the Legislative Counsel under this subsection does not apply to ORS 282.080.

          (2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the state printing section, wherever they occur in Oregon Revised Statutes, other words designating the Oregon Department of Administrative Services.

 

          SECTION 16. ORS 282.090 is repealed.

 

Approved by the Governor June 22, 2001

 

Filed in the office of Secretary of State June 25, 2001

 

Effective date January 1, 2002

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