75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2145
LC 657/HB 2145-2
HOUSE AMENDMENTS TO
HOUSE BILL 2145
By COMMITTEE ON RULES
May 19
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and lines 3 and 4 and insert '181.725, 283.130,
291.038, 291.990 and 576.307; repealing ORS 283.150 and 283.160;
and declaring an emergency.'.
Delete lines 6 through 28.
On page 2, delete lines 1 through 32.
In line 33, delete '4' and insert '1'.
On page 3, delete lines 23 through 45 and delete pages 4
through 8 and insert:
' { + SECTION 2. + } ORS 283.130 is amended to read:
' 283.130. As used in ORS 283.140 { - to 283.160 - } { +
and 283.143 + }, ' state agency' or 'agency' includes the
Legislative Assembly, at
{ - its - } { + the + } option { + of the Legislative
Assembly + }, or any { - of its - } statutory, standing,
special or interim committees { + of the Legislative
Assembly + }, at the option of { - such - } { + the + }
committee.
' { + SECTION 3. + } ORS 291.038 is amended to read:
' 291.038. (1) The planning, acquisition, installation and use
of all information and telecommunications technology by state
government and { - its - } agencies { + of state
government + } shall be coordinated so that statewide plans and
activities, as well as those of individual agencies, are
addressed in the most integrated, economic and efficient manner.
To provide policy direction for and coordination of information
technology for state government, the Director of the Oregon
Department of Administrative Services shall chair and appoint not
fewer than five agency executives to an Information Resources
Management Council. The council membership shall include at least
two members
{ - representing - } { + who represent + } the private sector
and political subdivisions of the state.
' (2) To facilitate accomplishment of the purpose set forth in
subsection (1) of this section, the Oregon Department of
Administrative Services shall adopt { - by rule - } { +
rules, + } policies { - , procedures, - } { + and + }
standards { - and guidelines - } to plan for, acquire,
implement and manage the state's information resources. In
developing rules, { + policies and standards, + } the department
shall consult with state agencies { - having - } { + that
have + } needs that { - may be satisfied by use of - }
information resources { + may satisfy + }. State agencies shall
cooperate with the department in preparing and complying with
rules { + , policies and standards + }. The rules { + , policies
and standards + } must be formulated to promote electronic
communication and information sharing among state agencies and
programs { + , + } { - and - } between state and local
governments { - , - } and with the public where appropriate.
' (3) Rules, { + policies, + } plans { + , standards + } and
specifications
{ - shall - } { + must + } be formulated to ensure that
information resources fit together in a statewide system capable
of providing ready access to information, computing or
telecommunication resources.
{ - Rules, - } Plans and specifications { - shall - } { +
the department adopts must + } be based on industry standards for
open systems to the greatest extent possible. { - Prior to
adoption of rules referred to - } { + Before adopting rules
described + }in subsection (2) of this section, the { - Oregon
Department of Administrative Services - } { + department + }
shall present the proposed rules to the appropriate legislative
committee. The { - Oregon Department of Administrative Services
shall have - } { + department has + } the { - review and
oversight - } responsibility
{ - for insuring - } { + to review, oversee and ensure + }
that { + state + } agencies' planning, acquisition and
implementation activities { + align with and + } support the
statewide information resources management plan. The department
{ - shall be - } { + is + } responsible for { - the fair and
competitive procurement of - } { + procuring + } information
technology { + fairly, competitively and in a manner that is + }
consistent with the { + department's + } rules { - of the
department - } .
' (4)(a) { - It is - } The policy of the State of
Oregon { + is + } that state government telecommunications
networks should be designed to provide state-of-the-art services
where economically and technically feasible, using shared, rather
than dedicated, lines and facilities.
' (b) The { - Oregon Department of Administrative
Services - } { + department + } shall, when procuring
telecommunications network services, consider { - the
achievement of - } { + achieving + } the economic development
and quality of life outcomes { - contained - } { + set
forth + } in the Oregon benchmarks.
' (5)(a) The { - Oregon Department of Administrative
Services - } { + department + }, upon request, may furnish and
deliver statewide integrated videoconferencing and statewide
online access service to { - any - } { + a + } public or
private entity that primarily conducts { - its - } activities
for the direct good or benefit of the public or
{ - community-at-large - } { + community at large + } in
providing educational, economic development, health care, human
services, public safety, library or other public services. The
department shall adopt rules with respect to furnishing the
service.
' (b) The department shall establish the statewide integrated
videoconferencing and statewide online access user fees,
services, delivery, rates and long range plans in consultation
with the Stakeholders Advisory Committee created pursuant to this
section. The rates shall reflect the department's cost in
providing the service.
' (c) The department by rule shall restrict { - its - } { +
the department's + } furnishing or delivery of Internet access
service to private entities when the service would directly
compete with two or more local established providers of
{ - such - } { + Internet access + } services within the local
exchange telecommunications service area.
' (d) The rates and services established and provided under
this section { - shall not be - } { + are not + } subject to
the { + Public Utility Commission's + } regulation or authority
{ - of the Public Utility Commission - } .
' (6)(a) There is created the Stakeholders Advisory Committee,
consisting of a minimum of nine members appointed by the Director
of the Oregon Department of Administrative Services. In making
appointments, the director shall give consideration to geographic
balance and adequate representation of the department's users and
providers and the general public.
' (b) The { - Stakeholders Advisory Committee shall - } { +
committee must + } consist of members who represent elementary or
secondary education, higher education, community colleges,
economic development, health care, human services and public
safety. At least four members { - shall - } { + must + }
reside in areas east of the Cascade Mountains.
' (c) The term of office of each member is three years, but a
member serves at the sole discretion of the director. The
director shall appoint a successor to a member before the
{ - expiration of the term of the member - } { + member's term
expires + }. A member is eligible for reappointment. If a
position on the { - Stakeholders Advisory - } committee is
vacant for any cause, the director shall make an appointment to
the position { - , - } { + that is + } immediately effective
for the unexpired term.
' (d) A member of the { - Stakeholders Advisory - }
committee is entitled to travel expenses pursuant to ORS 292.495.
Members of the { - Stakeholders Advisory - } committee are not
entitled to compensation.
' (e) The director may establish additional advisory and
technical committees as the director considers necessary to aid
and advise the Stakeholders Advisory Committee in the performance
of { - its - } { + the committee's + } functions.
' (f) The director may delegate to the State Chief Information
Officer { - any of the duties, functions or powers imposed - }
{ + a duty, function or power that this subsection imposes + }
upon the director { - by this subsection - } .
' (7) { - Any - } { + An + } organization or organizations
recognized as tax exempt under section 501(c)(3) of the Internal
Revenue Code
{ - of 1986 - } that primarily conduct activities for the
direct good or benefit of the public or community at large in
providing educational, economic development, health care, human
services, public safety, library or other public services and
have formed an affiliation with one or more federal, state or
local governmental units within this state may { - make
application - } { + apply + } to the department for designation
as a community of interest. The application { - shall - } { +
must + } be in { - such - } { + the + } form { + prescribed
by the department + } and { - shall - } contain { - such - }
information regarding the governmental affiliation relationship,
the tax exempt status of each organization and the public benefit
services to be provided
{ - as the department may prescribe - } . The department shall
establish an application review and appeal process to ensure that
{ - designation of those - } { + designating the + }
organizations as a community of interest for the purposes of
including the organization in telecommunications contracts under
ORS 283.520 will result in providing educational, medical,
library or other services for public benefit.
' (8) This section does not apply to the State Board of Higher
Education or any state institution of higher education within the
Oregon University System.
' (9) As used in this section:
' { - (a) 'Advanced digital communications' means equipment,
facilities and capability to distribute digital communications
signals for the transmission of voice, data, image and video over
distance. - }
' { - (b) - } { + (a) + } 'Information resources' means
media, instruments and methods for planning, collecting,
processing, transmitting and storing data and information,
including telecommunications.
' { - (c) 'Information resources management' means the state's
program for managing data and information in its various forms in
furtherance of program and agency objectives, and in such a way
that agency employees are able to obtain and use information
easily, efficiently, effectively and economically. - }
' { - (d) - } { + (b) + } 'Information technology' includes,
but is not limited to, { - all - } present and future forms of
hardware, software and services for data processing, office
automation and telecommunications.
' { - (e) 'Data' and 'information' represent facts and
representations about the state's human, natural and commercial
resources. - }
' { - (f) - } { + (c) + } 'Internet access service' means
electronic connectivity to the Internet and { - its - } { +
the + } services { + of the Internet + }.
' { - (g) - } { + (d) + } 'Open systems' means systems that
allow state agencies freedom of choice by providing a
vendor-neutral operating environment where different computers,
applications, system software and networks operate together
easily and reliably.
' { - (h) - } { + (e) + } 'State-of-the-art services'
includes { - advanced digital communications - } { +
equipment, facilities and the capability to distribute digital
communication signals that transmit voice, data, video and images
over a distance + }.
' { - (i) - } { + (f) + } 'Telecommunications' means
{ - the - } hardware, software and services for transmitting
voice, data, video and images over a distance.
' { - (j) - } { + (g) + } 'Statewide integrated
{ - video-conferencing' - } { + videoconferencing' + } means a
statewide electronic system capable of transmitting video, voice
and data communications.
' { - (k) - } { + (h) + } 'Statewide online access' means
electronic connectivity to information resources such as computer
conferencing, electronic mail, databases and Internet access.
' { + SECTION 4. + } ORS 291.990 is amended to read:
' 291.990. (1) { - Any - } { + A + } person who makes or
orders or votes to make { - any - } { + an + } expenditure in
violation of { - any of the provisions - } { + a
provision + } of the statutes listed in subsection (5) of this
section, or who makes or authorizes or causes to be made
{ - any - } { + a + } disbursement of funds from the State
Treasury in violation of { - any of the provisions - } { + a
provision + } of the statutes listed in subsection (5) of this
section, commits a violation and shall, upon conviction, be
punished by a fine of not less than $500 nor more than $3,000.
' (2) If { - any - } { + a + } person incurs or orders or
votes to incur an obligation in violation of { - any of the
provisions - } { + a provision + } of the statutes listed in
subsection (5) of this section, the person and the sureties on
the { + person's + } bond { - of the person shall be - } { +
are + } jointly and severally liable { - therefor - } { + for
the violation + } to the person in whose favor the obligation was
incurred.
' (3) Upon certification by the Oregon Department of
Administrative Services that { - any - } { + a + } state
officer or employee of a state agency has failed or refused to
comply with { - any - } { + an + } order, rule or regulation
{ - made by - } the department { + made + } in accordance with
{ - any of the provisions of - } the statutes listed in
subsection (5) of this section, the salary of the officer or
employee may not be paid until the order, rule or regulation is
complied with.
' (4) { - Any - } { + A + } violation of a provision of a
statute listed in subsection (5) of this section for which no
other penalty is provided in this section is a Class A violation.
' (5) Subsections (1) to (4) of this section apply to ORS
279A.140, 279A.280, 279B.270, 283.020, 283.110, 283.140 { + ,
283.143, + }
{ - to 283.160, - } 283.305 to 283.390, 291.001 to 291.034,
291.201 to 291.222, 291.232 to 291.260, 291.307, 292.220 and
292.230.
' { + SECTION 5. + } ORS 576.307 is amended to read:
' 576.307. (1) Upon request by a commodity commission, the
Oregon Department of Administrative Services may:
' (a) Purchase or otherwise provide for { - the
acquisition - } { + acquiring + } or furnishing { - of - }
supplies, materials, equipment and services { + , + } other than
personal services { + , that + } { - required by - } the
commission { + requires + } and for { - the furnishing of - }
{ + independent contractors to furnish + } professional
services { - rendered by independent contractors with the
state - } to the commission.
' (b) Provide for { - the furnishing of - } printing and
multiple duplication work { - to - } { + for + } the
commission under ORS 282.010 to 282.050, except { - that - }
{ + for + } printing and binding that advertises or promotes
{ - products, - } agricultural or manufactured { - , may not
be considered state printing - } { + products + }.
' (c) Provide for { - the furnishing of - } services
{ - relating to the disposition - } { + to the commission for
disposing + } of surplus, obsolete or unused supplies, materials
and equipment { - to the commission - } under ORS 279A.280.
' (d) Provide for { - the furnishing of - } central
telephone service and central mail or messenger services to the
commission under ORS 283.140.
' { - (e) Provide for the furnishing of central repair and
maintenance services to the commission under ORS 283.150. - }
' { - (f) Provide for the furnishing of clerical and
stenographic pool services to the commission under ORS
283.160. - }
' { - (g) - } { + (e) + } Provide { - for the furnishing
of - } motor vehicles for use by members, officers and employees
of the commission under ORS 283.305 to 283.350.
' (2) A commission shall pay to the Oregon Department of
Administrative Services { - such - } { + an + } amount for
services { - performed by - } the department { + performs + }
under subsection (1) of this section
{ - as - } { + that + } the department determines is adequate
to reimburse { - it - } { + the department + } for the costs
necessary to perform { - such - } { + the + } services.
' (3) { - Upon request by a commission, - } { + At the
commission's request, + } the Oregon Department of Administrative
Services may design and supervise the installation of an
accounting system for the commission. The commission shall pay to
the Oregon Department of Administrative Services { - such - }
{ + an + } amount for services
{ - performed by - } the department { + performs + } under
this subsection { - as - } { + that + } the department
determines is adequate to reimburse { - it - } { + the
department + } for the costs necessary to perform { - such - }
{ + the + } services.'.
On page 9, delete lines 1 through 11.
In line 12, delete '13' and insert '6'.
In line 13, delete '14' and insert '7'.
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