71st OREGON LEGISLATIVE ASSEMBLY--2001 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 690
A-Engrossed
House Bill 2235
Ordered by the House April 2
Including House Amendments dated April 2
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Department of Administrative Services)
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.
Eliminates { - State Printer and - } state printing section.
{ - Directs Oregon Department of Administrative Services to
perform duties of State Printer. - } { + Provides that State
Printer shall be appointed by Director of Oregon Department of
Administrative Services.
Defines printed public document for purposes of state printing
laws. + }
{ - Takes effect only if amendment proposed by House Joint
Resolution 4 (2001) is approved by people at special election
held on same date as next biennial primary election. - }
{ + Requires Oregon Department of Administrative Services to
provide electronic version of any printed public document to
state agency that requested printing. + }
A BILL FOR AN ACT
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. + }
----------