Chapter 6 Oregon Laws 2003

AN ACT

HB 2052

Relating to agreements to perform security functions for the United States; creating new provisions; amending ORS 190.115, 190.118 and 190.430; and declaring an emergency.

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

SECTION 1. A public body as defined in ORS 174.109 may enter into an agreement with the United States to perform security functions at a military installation or facility in the United States and to receive payment for performing the functions.

SECTION 2. ORS 190.115 is amended to read:

190.115. (1) A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485 on or after August 16, 1999, or under section 1 of this 2003 Act shall submit a summary of the agreement to the Oregon Department of Administrative Services within the 30-day period immediately following the effective date of the agreement.

[(2) A state agency that, before August 16, 1999, entered into an agreement under ORS 190.110, 190.420 or 190.485 that will be in effect 90 days after August 16, 1999, shall submit a summary of the agreement to the department within 90 days following August 16, 1999.]

[(3)] (2) The summary required by this section must include the following information:

(a) Names of the parties to the agreement.

(b) Date of the agreement.

(d) The agency through which a person may obtain a copy of the agreement.

[(4)] (3) A state agency that is required to submit a summary of an agreement to the department under this section shall submit the summary through electronic means.

SECTION 3. ORS 190.118 is amended to read:

190.118. (1) The Oregon Department of Administrative Services shall keep an index of summaries of agreements into which state agencies enter under ORS 190.110, 190.420 or 190.485 or section 1 of this 2003 Act. The department shall include in the index the information provided by state agencies under ORS 190.115.

(2) The department shall require state agencies to update information in the index through a secure website that is protected with a password.

(3) The department shall make the information in the index accessible to the public through a searchable public website on the Internet.

SECTION 4. ORS 190.430 is amended to read:

190.430. (1) Every agreement made by an agency of this state under ORS 190.420 or section 1 of this 2003 Act shall be submitted to the Attorney General before taking effect. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this state. If the Attorney General determines that the agreement is in some instance improper, the Attorney General shall give written notice to the state agency concerning the specific respects in which the agreement fails to comply with law. Failure to give such notice within 30 days of submission of the agreement to the Attorney General shall constitute approval of the agreement.

(2) The Attorney General may exempt research agreements or student faculty exchanges from the requirements of subsection (1) of this section.

(3) As used in this section, “agency of this state” and “state agency” mean any officer, board, commission, department, division or institution in the executive or administrative branch of state government.

SECTION 5. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor February 26, 2003

Filed in the office of Secretary of State February 26, 2003

Effective date February 26, 2003

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