74th OREGON LEGISLATIVE ASSEMBLY--2007 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 779
A-Engrossed
Senate Bill 136
Ordered by the Senate May 17
Including Senate Amendments dated May 17
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of State Police)
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.
Establishes Oregon Wireless Interoperability Network
Department. Transfers State Interoperability Executive Council
and duties, functions and powers related to council from Office
of Emergency Management to department. Establishes executive
committee of council to direct activities of department.
{ + Allows executive committee to authorize access to and use
of Oregon Wireless Interoperability Network by state, local,
tribal and federal agencies and private entities that have
qualifying public safety mission or purpose.
Establishes Oregon Wireless Interoperability Network Fund.
Continuously appropriates moneys in fund to department for
certain biennial expenses.
Appropriates moneys to department for purposes of network.
Limits biennial expenditures, fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery revenues
and federal funds, collected or received by department. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Oregon Wireless Interoperability Network; creating
new provisions; amending ORS 401.871, 401.872 and 401.874;
appropriating money; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
OREGON WIRELESS INTEROPERABILITY + }
{ +
NETWORK DEPARTMENT + }
SECTION 1. { + (1) The Oregon Wireless Interoperability
Network Department is established to:
(a) Provide statewide wireless public safety communications
services for the primary benefit and use of state, local, tribal
and federal public safety agencies; and
(b) Enhance the protection of Oregonians and their property by
improving the interoperability of wireless public safety
communications.
(2) The department shall establish, operate and maintain the
Oregon Wireless Interoperability Network developed pursuant to
the Oregon Interoperable Communication Plan described in ORS
401.872 and 401.874.
(3) The department consists of the State Interoperability
Executive Council, the Executive Committee of the State
Interoperability Executive Council, the Director of the Oregon
Wireless Interoperability Network Department and their
subordinate officers and employees. + }
{ +
TRANSFER OF STATE INTEROPERABILITY EXECUTIVE COUNCIL + }
SECTION 2. { + (1) The State Interoperability Executive
Council established pursuant to ORS 401.871 is transferred from
the Office of Emergency Management to the Oregon Wireless
Interoperability Network Department established under section 1
of this 2007 Act.
(2) Members serving on the council prior to the operative date
of this section continue in office. Notwithstanding the term of
office specified in ORS 401.871 (3), on the operative date of
this section, the members serving are deemed to begin new terms
of office as follows:
(a) Members serving under ORS 401.871 (1)(b)(A) to (C) and
(c)(A) and (B) serve for four years.
(b) Members serving under ORS 401.871 (1)(b)(D) to (F) and
(c)(C) and (D) serve for three years.
(c) Members serving under ORS 401.871 (1)(b)(G) to (I) and
(c)(E) and (F) serve for two years.
(d) Members serving under ORS 401.871 (1)(a) and (b)(J) to (L)
serve for one year.
(3) On the operative date of this section, the duties,
functions and powers of the office with respect to the council
are imposed upon, transferred to and vested in the
department. + }
{ +
EXECUTIVE COMMITTEE OF THE STATE + }
{ +
INTEROPERABILITY EXECUTIVE COUNCIL + }
SECTION 3. { + (1) There is established the Executive
Committee of the State Interoperability Executive Council,
consisting of the chairperson of the State Interoperability
Executive Council and six additional members of the council
selected, subject to subsection (2) of this section, as
determined by rule of the council.
(2) Three members of the executive committee must be employed
by or representatives of agencies of the State of Oregon. Four
members of the executive committee must not be employed by or
representatives of agencies of the State of Oregon.
(3) The council may provide by rule for representatives of the
federal government to serve as nonvoting advisory members of the
executive committee.
(4) The executive committee shall:
(a) Direct the performance of the functions of the Oregon
Wireless Interoperability Network Department, the Director of the
Oregon Wireless Interoperability Network Department and the
director's staff under this section and sections 1, 4, 5 and 6 of
this 2007 Act and ORS 401.871, 401.872 and 401.874.
(b) Authorize and control access to the Oregon Wireless
Interoperability Network, subject to section 12 of this 2007 Act.
(c) Establish fees for access to the Oregon Wireless
Interoperability Network by various categories of users of or
subscribers to the network. Fees must be based on a funding
formula calculated to recover the costs of establishing,
operating and maintaining the network.
(d) Oversee department budget requests to the Governor.
(e) Evaluate annually the performance of the director.
(f) In accordance with applicable provisions of ORS chapter
183, adopt rules that are necessary or appropriate for the
performance of the duties imposed upon the executive committee
and the department. + }
{ +
DIRECTOR + }
SECTION 4. { + (1) The Oregon Wireless Interoperability
Network Department is under the supervision and control of a
director, who is responsible to the Executive Committee of the
State Interoperability Executive Council for the performance of
the duties, functions and powers of the department.
(2) The Governor shall appoint the Director of the Oregon
Wireless Interoperability Network Department from a list of three
candidates recommended by the executive committee, and the
director holds office at the pleasure of the Governor.
(3) The director shall be paid a salary as provided by law or,
if not so provided, as prescribed by the executive committee.
(4) For purposes of administration, subject to the approval of
the executive committee, the director may:
(a) Establish one or more user service boards, in addition to
the State Wireless Infrastructure Investment Group established in
section 6 of this 2007 Act, consisting of representatives of
state, local, tribal or federal agencies that provide
infrastructure or representatives of subscribers to the Oregon
Wireless Interoperability Network, for the purpose of advising
the department on issues related to the network including, but
not limited to, infrastructure planning, technical capabilities
and new technology, service quality, rates for service and
training;
(b) Organize and reorganize the department as the director
considers necessary to properly conduct the work of the
department; and
(c) Adopt temporary rules pursuant to ORS 183.335 (5).
(5) The director may divide the functions of the department
among administrative divisions. Subject to the approval of the
executive committee, the director may appoint an individual to
administer each division. The administrator of each division
serves at the pleasure of the director and is not subject to the
provisions of ORS chapter 240. Each individual appointed under
this subsection must be well qualified by technical training and
experience in the functions to be performed by the
individual. + }
{ +
EMPLOYEES + }
SECTION 5. { + (1) The Director of the Oregon Wireless
Interoperability Network Department shall, by written order filed
with the Secretary of State, appoint a deputy director. The
deputy director serves at the pleasure of the director, has
authority to act for the director in the absence of the director
and is subject to the control of the director at all times.
(2) Subject to the applicable provisions of ORS chapter 240,
the director may appoint subordinate officers and employees of
the department, prescribe their duties and fix their
compensation. + }
{ +
OREGON WIRELESS INTEROPERABILITY + }
{ +
NETWORK USER SERVICE BOARDS + }
SECTION 6. { + (1) The State Wireless Infrastructure
Investment Group is established as a user service board in the
Oregon Wireless Interoperability Network Department. In addition
to representatives selected by the Governor pursuant to
subsection (2) of this section, the directors of the following
state agencies, or their designees, shall represent the agencies:
(a) The Department of State Police.
(b) The Department of Transportation.
(c) The Office of Emergency Management.
(d) The State Forestry Department.
(e) The State Department of Fish and Wildlife.
(f) The Oregon Military Department.
(g) The Department of Corrections.
(h) The State Parks and Recreation Department.
(i) The Oregon Department of Administrative Services.
(2) The Governor may appoint additional representatives, who
shall serve at the pleasure of the Governor, for a term not to
exceed four years.
(3) The infrastructure investment group shall advise the Oregon
Wireless Interoperability Network Department on:
(a) Compliance with federal and state communications
requirements;
(b) Network planning, including mutual aid planning and
compatibility planning;
(c) Coordination and cooperation in the development and
operation of the Oregon Wireless Interoperability Network,
including user access issues;
(d) Assistance to local public safety agencies for equipment
purchases; and
(e) Powers and duties granted to the Oregon Wireless
Interoperability Network Department.
(4) Representation on the infrastructure investment group does
not prohibit a state agency from having representation on other
user service boards established pursuant to section 4 of this
2007 Act. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 7. { + (1) The Director of the Office of Emergency
Management shall:
(a) Deliver to the Director of the Oregon Wireless
Interoperability Network Department the records and property
within the jurisdiction of the Director of the Office of
Emergency Management that relate to the State Interoperability
Executive Council and the duties, functions and powers
transferred by section 2 of this 2007 Act; and
(b) Transfer to the Oregon Wireless Interoperability Network
Department those employees engaged primarily in the exercise of
the duties, functions and powers transferred by section 2 of this
2007 Act.
(2) The Director of the Oregon Wireless Interoperability
Network Department shall:
(a) Take possession of the records and property; and
(b) Take charge of the employees and employ them in the
exercise of the duties, functions and powers transferred by
section 2 of this 2007 Act, without reduction of compensation but
subject to change or termination of employment or compensation as
provided by law.
(3) The Governor shall resolve disputes between the Office of
Emergency Management and the Oregon Wireless Interoperability
Network Department relating to transfers of records, property and
employees under this section, and the Governor's decision is
final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 8. { + (1) The unexpended balances of amounts
authorized to be expended by the Office of Emergency Management
for the biennium beginning July 1, 2007, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 2 of this
2007 Act are transferred to and are available for expenditure by
the Oregon Wireless Interoperability Network Department for the
biennium beginning July 1, 2007, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 2 of this 2007 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the office remain
applicable to expenditures by the department under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 9. { + The transfer of duties, functions and powers to
the Oregon Wireless Interoperability Network Department by
section 2 of this 2007 Act does not affect an action, proceeding
or prosecution involving or with respect to the duties, functions
and powers begun before and pending at the time of the transfer,
except that the department is substituted for the Office of
Emergency Management in the action, proceeding or
prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 10. { + (1) Nothing in sections 1 to 9 of this 2007
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 2 of this 2007 Act. The Oregon Wireless
Interoperability Network Department may undertake the collection
or enforcement of the liability, duty or obligation.
(2) The rights and obligations of the Office of Emergency
Management relating to the duties, functions and powers
transferred by section 2 of this 2007 Act and legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date of section 2 of
this 2007 Act are transferred to the department. For the purpose
of succession to these rights and obligations, the department is
a continuation of the office and not a new authority. + }
{ +
RULES + }
SECTION 11. { + Notwithstanding the transfer of duties,
functions and powers by section 2 of this 2007 Act, the rules of
the State Interoperability Executive Council in effect on the
operative date of section 2 of this 2007 Act continue in effect
until superseded, amended or repealed by new rules of the
council. References in rules of the council to the Office of
Emergency Management or an officer or employee of the office are
considered to be references to the Oregon Wireless
Interoperability Network Department or an officer or employee of
the department. + }
{ +
NETWORK USER ACCESS + }
SECTION 12. { + (1) The Executive Committee of the State
Interoperability Executive Council may authorize access to and
use of the Oregon Wireless Interoperable Network by state, local,
tribal and federal agencies and private entities that have a
qualifying public safety mission or purpose.
(2) The executive committee shall develop criteria for
determining whether a state, local, tribal or federal agency or
private entity that has a qualifying public safety mission or
purpose may access and use the network.
(3) The executive committee may not prohibit an agency or
entity that is not a state agency from using the agency's or
entity's own public safety voice or data communications system. A
state agency that utilizes a voice or data wireless
communications system must use the network.
(4) A state, local, tribal or federal agency or a private
entity that has a qualifying public safety mission or purpose
must enter into a user agreement satisfactory to the executive
committee before obtaining access to the network.
(5) The Oregon Wireless Interoperability Network Department may
not charge an agency or entity identified in subsection (1) of
this section for access to or use of interoperable communications
facilities of the network that are accessed or used to provide
mutual aid. + }
{ +
NETWORK FUND + }
SECTION 13. { + (1) The Oregon Wireless Interoperability
Network Fund is established separate and distinct from the
General Fund. Interest earned by moneys in the Oregon Wireless
Interoperability Network Fund shall be credited to the fund. The
moneys in the Oregon Wireless Interoperability Network Fund are
continuously appropriated to the Oregon Wireless Interoperability
Network Department for the purposes described in subsection (2)
of this section.
(2) The fund shall consist of moneys received by the department
for operations of the department and for construction and
operation of the Oregon Wireless Interoperability Network,
including but not limited to fees, charges and other moneys,
including federal funds, gifts and contributions.
(3) The department shall deposit all moneys received by the
department in the fund. + }
{ +
AGENCY NAME CHANGE + }
SECTION 14. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating the
' Office of Emergency Management' or its officers, wherever they
occur in Oregon Revised Statutes in reference to a duty, function
or power transferred pursuant to section 2 of this 2007 Act,
words designating the 'Oregon Wireless Interoperability Network
Department' or its officers.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Director of the
Office of Emergency Management' in reference to a duty, function
or power transferred pursuant to section 2 of this 2007 Act,
wherever they occur in Oregon Revised Statutes, other words
designating the 'Director of the Oregon Wireless Interoperability
Network Department.' + }
{ +
APPROPRIATION; EXPENDITURE LIMITATION + }
SECTION 14a. { + There is appropriated to the Oregon Wireless
Interoperability Network Department, for the biennium beginning
July 1, 2007, out of the General Fund, the amount of $___ for the
purpose of carrying out the provisions of sections 1 to 12 of
this 2007 Act and the amendments to ORS 401.871, 401.872 and
401.874 by sections 15 to 17 of this 2007 Act. + }
SECTION 14b. { + Notwithstanding any other law limiting
expenditures, the amount of $___ is established for the biennium
beginning July 1, 2007, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Oregon Wireless
Interoperability Network Department. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 15. ORS 401.871 is amended to read:
401.871. (1) The State Interoperability Executive Council is
created within the { - Office of Emergency Management - } { +
Oregon Wireless Interoperability Network Department + }. The
membership of the council shall consist of:
(a) Two members from the Legislative Assembly, as follows:
(A) The President of the Senate shall appoint one member from
the Senate with an interest in { + wireless + } public safety
communications infrastructure; and
(B) The Speaker of the House of Representatives shall appoint
one member from the House of Representatives with an interest in
{ + wireless + } public safety { - and wireless - }
communications infrastructure.
(b) The following members appointed by the Governor:
(A) One member from the Department of State Police;
(B) One member from the Office of Emergency Management;
(C) One member from the State Forestry Department;
(D) One member from the Department of Corrections;
(E) One member from the Department of Transportation;
(F) One member from the Oregon Department of Administrative
Services;
(G) One member from the Department of Human Services;
(H) One member from the Oregon Military Department;
(I) One member from the Department of Public Safety Standards
and Training;
(J) One member of an Indian tribe as defined in ORS 97.740;
(K) One member from a nonprofit professional organization
devoted to the enhancement of { + wireless + } public safety
communications systems; and
(L) One member from the public.
(c) The following members appointed by the Governor with the
concurrence of the President of the Senate and the Speaker of the
House of Representatives:
(A) One member from the Oregon Fire Chiefs' Association;
(B) One member from the Oregon Association Chiefs of Police;
(C) One member from the Oregon State Sheriffs' Association;
(D) One member from the Association of Oregon Counties;
(E) One member from the League of Oregon Cities; and
(F) One member from the Special Districts Association of
Oregon.
{ + (2) Members of the council shall select a chairperson
from among the members appointed pursuant to subsection (1)(b)
and (c) of this section.
(3) The term of office of each member is four years, but a
member serves at the pleasure of the member's appointing
authority. Before the expiration of the term of a member, the
member's appointing authority shall appoint a successor. A member
is eligible for reappointment. If there is a vacancy for any
cause, the member's appointing authority shall make an
appointment to become immediately effective for the unexpired
term. + }
{ - (2) - } { + (4) + } Each agency or organization
identified in subsection (1)(b)(A) to (I) and (1)(c) of this
section shall recommend a person from the agency or organization
for membership on the council.
{ - (3) - } { + (5) + } Members of the council are not
entitled to compensation, but in the discretion of the Director
of the { - Office of Emergency Management - } { + Oregon
Wireless Interoperability Network Department + } may be
reimbursed from funds available to the { - Office of Emergency
Management - } { + department + } for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amount provided in ORS
292.495.
{ - (4) - } { + (6) + } Members of the Legislative Assembly
appointed to the council are nonvoting members and may act in an
advisory capacity only.
SECTION 16. ORS 401.872 is amended to read:
401.872. The State Interoperability Executive Council created
under ORS 401.871 shall:
(1) Work with public safety agencies in the state to develop a
Public Safety Wireless Infrastructure Replacement Plan as
provided under section 2, chapter 825, Oregon Laws 2005.
(2) Develop an Oregon Interoperable Communication Plan. The
goal of the plan shall be to achieve statewide interoperability
within six years of September 2, 2005. In developing the plan,
the council shall:
(a) Recommend strategies to improve wireless interoperability
among state and local public safety agencies;
(b) Develop standards to promote consistent development of
existing and future wireless communications infrastructures;
(c) Identify immediate short-term technological and policy
solutions to tie existing wireless communications infrastructures
together into an interoperable communications system;
(d) Develop long-term technological and policy recommendations
to establish a statewide { + wireless + } public safety
{ - radio - } { + communications + } system to improve
emergency response and day-to-day public safety operations; and
(e) Develop recommendations for legislation and for the
development of state and local policies to promote wireless
interoperability in Oregon.
(3) Approve { - , subject to approval by the Director of the
Office of Emergency Management, - } investments by the State of
Oregon in { + wireless + } public safety communications systems.
(4) Coordinate state and local activities related to obtaining
federal grants for support of interoperability.
(5) Develop and provide technical assistance, training and, if
requested, appropriate dispute resolution services to state and
local agencies responsible for implementation of the Oregon
Interoperable Communication Plan.
(6) Report, in the manner required by ORS 192.245, to the
Legislative Assembly on or before February 1 of each odd-numbered
year on the development of the Oregon Interoperable Communication
Plan and the council's other activities.
(7) Adopt rules necessary to carry out its duties and powers.
SECTION 17. ORS 401.874 is amended to read:
401.874. { - (1) The Director of the Office of Emergency
Management shall advise the State Interoperability Executive
Council on the implementation of the Oregon Interoperable
Communication Plan and coordinate interoperability among all
state agencies. - }
{ - (2) - } State agencies that own or operate
{ + wireless + } public safety communications systems shall
coordinate their efforts and investments to achieve the statewide
interoperability goal set by the { + State Interoperability
Executive + } Council and implement the Oregon Interoperable
Communication Plan { - approved by the director - } .
{ +
UNIT CAPTIONS + }
SECTION 18. { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
{ +
MISCELLANEOUS + }
SECTION 19. { + Whenever, in an uncodified law or a resolution
of the Legislative Assembly or in a rule, document, record or
proceeding authorized by the Legislative Assembly, a reference
that relates to a duty, function or power transferred pursuant to
section 2 of this 2007 Act is made to the Office of Emergency
Management, an officer or employee of the office or the Director
of the Office of Emergency Management, the reference is
considered to be a reference to the Oregon Wireless
Interoperability Network Department, an officer or employee of
the department or the Director of the Oregon Wireless
Interoperability Network Department, as appropriate. + }
SECTION 20. { + Sections 1 to 13 of this 2007 Act and the
amendments to ORS 401.871, 401.872 and 401.874 by sections 15 to
17 of this 2007 Act become operative on the date the Legislative
Assembly appropriates moneys and makes expenditure limitations
pursuant to sections 14a and 14b of this 2007 Act for the
operations of the Oregon Wireless Interoperability Network
Department established in section 1 of this 2007 Act. + }
SECTION 21. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
----------