72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 702
 
                         House Bill 2196
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Forestry Department)
 
 
                             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.
 
  Requires State Forester to enter into contracts for fire
emergencies. Authorizes State Forester to enter into contracts to
produce, market and sell nursery stock from state forest nursery.
Exempts nursery contracts from public contracting laws. Exempts
contract and bid request solicitations of state forest nursery
from certain notice requirements.
 
                        A BILL FOR AN ACT
Relating to contracts entered into by State Forester; amending
  ORS 279.712, 526.041 and 526.235.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279.712 is amended to read:
  279.712. (1) The Oregon Department of Administrative Services
shall purchase or otherwise provide for the acquisition or
furnishing of all supplies, materials, equipment and services,
including architectural, engineering and other personal services,
required by state agencies, except to the extent the department
authorizes a state agency to purchase directly in accordance with
ORS 279.727.
  (2) Subsection (1) of this section does not apply to:
  (a) Purchases of alcoholic liquor by the Oregon Liquor Control
Commission;
  (b) Agreements entered into by the Department of Education for
the purchase or distribution of textbooks;
  (c) Personal service and public improvement contracts of the
Department of Transportation relating to maintenance or
construction of highways, bridges, parks or other transportation
facilities;
  (d) Personal service and public improvement contracts of the
State Department of Fish and Wildlife for dams, fishways, ponds
and related fish and game propagation facilities;
  (e) Insurance and service contracts to provide medical
assistance as provided for under ORS 414.115, 414.125, 414.135
and 414.145;
  (f) Personal service and public improvement contracts of the
Economic and Community Development Department relating to its
foreign trade offices operating outside the state;
 
 
  (g) Personal service contracts of the Attorney General relating
to attorney services required by law to be performed by the
Attorney General;
  (h) Personal service contracts entered into by the Director of
Veterans' Affairs for real estate broker or principal real estate
broker services;   { - and - }
   { +  (i) Contracts by the State Forester under ORS 526.041 for
fire emergency resources including, but not limited to,
firefighting and kitchen crews, heavy equipment, transportation,
medical resources and other resources necessary to be readily
available for a fire emergency; and + }
    { - (i) - }   { + (j) + } A contract of any other state
agency when the agency is specifically authorized by any
provisions of law other than this chapter to enter into the
contract.
  (3) The following requirements and procedures apply to personal
service contracts:
  (a) Except as provided in subsection (2) of this section, the
Oregon Department of Administrative Services shall execute all
personal service contracts of state agencies, and all requisite
approvals must be obtained, including the approval of the
Attorney General, if applicable, before any state agency personal
service contract becomes binding upon the state and before any
service may be performed or payment may be made under the
contract, unless the contract is exempt from the prohibition
against services being performed before review for legal
sufficiency is obtained under ORS 291.047 (6).
  (b) The department shall by rule set forth the requirements
necessary to implement the provisions of this subsection,
including but not limited to rules establishing:
  (A) The type of documentation that must accompany contracts
submitted to the department for procurement.
  (B) A reporting system for personal service contracts. A state
agency shall submit to the department personal service contract
information as directed by the department.
  (C) Procedures for the screening and selection of persons to
perform personal services when the department authorizes a state
agency to contract directly pursuant to ORS 279.051.
  (D) Procedures to permit services to be performed when
circumstances exist that create substantial risk of loss, damage,
interruption of services or threat to public health or safety and
that require prompt action to protect the interests of this
state.
  (c) The department may exempt certain personal service
contracts or classes of personal service contracts, in whole or
in part, from the requirements of this subsection if the
department finds that:
  (A) It is unlikely that an exemption will encourage favoritism
in the awarding of a personal service contract or will
substantially diminish competition for personal service
contracts; and
  (B) The awarding of a personal service contract pursuant to the
exemption will result in substantial cost savings to the state
agency.
  (d) In making its findings under paragraph (c) of this
subsection, the department may consider the type, cost and amount
of the contract, number of persons available to contract and such
other factors as the department considers appropriate.
  (e) Each state agency shall file with the department a copy of
each personal service contract entered into by the agency,
including appropriate documentation as required by the
department.  The department shall keep the copy of the contract
and its documentation on file for three years, after which the
department may destroy the file.
 
 
  (f) The department shall maintain a system for filing copies of
personal service contracts and documentation submitted to it
under paragraph (e) of this subsection.
  (g) The department shall submit a biennial report to the
Legislative Assembly concerning the use of personal service
contracts by state agencies. The report shall specify the name of
each contracting agency, the amount paid under each personal
service contract entered into by the agency, the name of the
contractor, the duration of the contract and the contract's basic
purpose. The report also shall include the total dollar figure of
all personal service contracts for each year of the preceding
biennium.
  (h) The department may not approve any personal service
contract before the contract has been reviewed for legal
sufficiency and approved by the Attorney General, if such review
and approval are required under ORS 291.047.
  (i) Whenever a state agency pays more in a calendar year under
a personal service contract for services historically performed
by state employees than the agency would have paid to its
employees performing the same work, the agency shall so report to
the department and include in the report a statement of
justification for the greater costs.
  (j) The department shall notify all state agencies of the
requirements of this section.
  SECTION 2. ORS 526.041 is amended to read:
  526.041. The   { - forester - }  { +  State Forester + }, under
the general supervision of the State Board of Forestry, shall:
  (1) In compliance with ORS 183.310 to 183.550, promulgate rules
consistent with law for the enforcement of the state forest laws
relating directly to the protection of forestland and the
conservation of forest resources.
  (2) Appoint and instruct fire wardens as provided in ORS
chapter 477.
  (3) Direct the improvement and protection of forestland owned
by the State of Oregon.
  (4) Collect data relative to forest conditions.
  (5) Take action authorized by law to prevent and extinguish
forest, brush and grass fires.
  (6) Enforce all laws pertaining to forestland and prosecute
violations of such laws.
  (7) Cooperate with landowners, political subdivisions, private
associations and agencies and others in forest protection.
  (8) Advise and encourage reforestation.
  (9) Publish such information on forestry as the forester
determines to be in the public interest.
  (10) Enter into contracts and cooperative agreements pertaining
to experiments and research in forestry.
  (11) Sell, exchange or otherwise dispose of any real property
heretofore or hereafter acquired by the board for administrative
purposes and no longer needed.
  (12) Coordinate any activities of the State Forestry Department
related to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
  (13) Prescribe uniform state standards for certification of
wildland fire training courses and educational programs.
  (14) Enter into stewardship agreements with owners of
forestland pursuant to ORS 527.662, to achieve the purposes of
the Oregon Forest Practices Act.
   { +  (15) Solicit, award and administer contracts for fire
emergency preparedness including, but not limited to, contracts
for firefighting and kitchen crews, heavy equipment,
transportation, medical resources and other resources necessary
to be readily available for a fire emergency. + }
  SECTION 3. ORS 526.235 is amended to read:
  526.235. (1) A state forest nursery may be operated by the
  { - forester - }   { + State Forester + } and the State Board
of Forestry to provide forest tree seedlings for the
reforestation of forestland.  Such nursery program is to provide
for the growth, care and maintenance of nursery stock and for the
sale of such stock to private, state and other public owners of
forestland.
  (2) Each year the forester shall determine the costs of nursery
operation and shall offer nursery stock for sale to forest owners
at prices that will recover actual costs.
   { +  (3) The forester may enter into contracts for the purpose
of producing, marketing and selling nursery stock. ORS chapter
279 does not apply to a contract entered into under this section.
ORS 200.035 does not apply to contract and bid request
solicitations issued under this section. + }
    { - (3) - }   { + (4) + } All revenues derived from the
operation of the forest nursery shall be credited to the State
Forestry Department Account.
    { - (4) - }   { + (5) + } Notwithstanding ORS 291.238, the
moneys credited to the State Forestry Department Account under
subsection   { - (3) - }   { + (4) + } of this section, shall be
continuously available on a revolving basis exclusively for
forest nursery purposes.
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