75th OREGON LEGISLATIVE ASSEMBLY--2009 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 657
House Bill 2145
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski 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 as
introduced.
Changes procedures for management of state agency information
resources and information technology services and assets.
Removes authority for Oregon Department of Administrative
Services to operate central repair and maintenance services and
clerical pool services for state agencies. Deletes obsolete
provisions relating to department functions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state agency administrative services; amending ORS
171.855, 177.200, 178.100, 181.725, 184.473, 184.475, 184.477,
283.130, 291.038, 291.042, 291.990 and 576.307; repealing ORS
283.150 and 283.160; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.855 is amended to read:
171.855. The Joint Legislative Committee on Information
Management and Technology shall:
(1) Establish statewide goals and policy regarding information
systems and technology, including telecommunications.
(2) Conduct studies of information management and technology
efficiency and security.
{ - (3) Review the activities of the Oregon Department of
Administrative Services, Information Resources Management
Council. - }
{ - (4) - } { + (3) + } Make recommendations regarding
established or proposed information resource management programs
and information technology acquisitions.
SECTION 2. ORS 177.200 is amended to read:
177.200. (1) The Secretary of State shall implement
portfolio-based management of information technology resources,
as described in this section, to:
(a) Ensure that the Office of the Secretary of State links
{ - its - } { + the office's + } information technology
investments with business plans;
(b) Facilitate risk assessment of information technology
projects and investments;
(c) Ensure that the office justifies information technology
investments on the basis of sound business cases;
(d) Ensure that the office facilitates development and review
of information technology performance related to business
operations;
(e) Identify projects that can cross agency and program lines
to leverage resources; and
(f) Assist in { - state government-wide - } planning { +
with state agencies + } for common, shared information technology
infrastructure.
(2) The Secretary of State shall integrate strategic and
business planning, technology planning and budgeting and project
expenditure processes into the Secretary of State's information
technology portfolio-based management.
(3) The Secretary of State shall conduct and maintain a
continuous inventory of current and planned investments in
information technology, a compilation of information about those
assets and the total life cycle cost of those assets.
(4) The Secretary of State shall develop and implement
{ - standards, - } processes and procedures for the required
inventory and for the management of the information technology
portfolio.
(5) As used in this section, 'information technology' { - has
the meaning given that term - } { + and 'state agency' have the
meanings given those terms + } in ORS 184.473.
SECTION 3. ORS 178.100 is amended to read:
178.100. (1) The State Treasurer shall implement
portfolio-based management of information technology resources,
as described in this section, to:
(a) Ensure that the office of the State Treasurer links
{ - its - } { + the office's + } information technology
investments with business plans;
(b) Facilitate risk assessment of information technology
projects and investments;
(c) Ensure that the office justifies information technology
investments on the basis of sound business cases;
(d) Ensure that the office facilitates development and review
of information technology performance related to business
operations;
(e) Identify projects that can cross agency and program lines
to leverage resources; and
(f) Assist in { - state government-wide - } planning { +
with state agencies + } for common, shared information technology
infrastructure.
(2) The State Treasurer shall integrate strategic and business
planning, technology planning and budgeting and project
expenditure processes into the State Treasurer's information
technology portfolio-based management.
(3) The State Treasurer shall conduct and maintain a continuous
inventory of current and planned investments in information
technology, a compilation of information about those assets and
the total life cycle cost of those assets.
(4) The State Treasurer shall develop and implement
{ - standards, - } processes and procedures for the required
inventory and for the management of the information technology
portfolio.
(5) As used in this section, 'information technology' { - has
the meaning given that term - } { + and 'state agency' have the
meanings given those terms + } in ORS 184.473.
SECTION 4. ORS 181.725 is amended to read:
181.725. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of
State Police or the criminal justice agency designated by the
Director of the Oregon Department of Administrative Services
under ORS 181.715 (1) about the department's or the agency's
duties under ORS 181.715. The board consists of the following
members:
(a) The State Court Administrator or the administrator's
designee;
(b) The Director of the Department of Corrections or the
director's designee;
(c) The Superintendent of State Police or the superintendent's
designee;
(d) The executive director of the Oregon Criminal Justice
Commission or the executive director's designee;
(e) The Director of Transportation or the director's designee;
(f) The chairperson of the State Board of Parole and
Post-Prison Supervision or the chairperson's designee;
(g) The Director of the Department of Public Safety Standards
and Training or the director's designee;
(h) A chief of police designated by the Oregon Association
Chiefs of Police;
(i) A sheriff designated by the Oregon Sheriffs' Association;
(j) A jail manager designated by the Oregon Jail Managers'
Association;
(k) A county juvenile department director designated by the
Oregon Juvenile Department Directors' Association;
(L) A community corrections agency director designated by the
Oregon Association of Community Corrections Directors;
(m) A district attorney designated by the Oregon District
Attorneys Association;
(n) The administrator of the { - information resource
management - } { + Enterprise Information Strategy and
Policy + } Division of the Oregon Department of Administrative
Services or the administrator's designee;
(o) The Director of the Oregon Youth Authority or the
director's designee;
(p) The State Fish and Wildlife Director or the director's
designee;
(q) The administrator of the Oregon Liquor Control Commission
or the administrator's designee; and
(r) The staff director of the State Commission on Children and
Families or the staff director's designee.
(2) The board shall meet at such times and places as the board
deems necessary.
(3) The members of the board are not entitled to compensation
but are entitled to expenses as provided in ORS 292.495.
SECTION 5. ORS 184.473 is amended to read:
184.473. As used in ORS 184.475 and 184.477:
(1) '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.
(2) 'State agency' includes every state officer, board,
commission, department, institution, branch or agency of the
state government whose costs are paid wholly or in part from
funds held in the State Treasury, except:
{ - (a) The Secretary of State, the State Treasurer, the
Legislative Assembly, the courts and their officers and
committees; and - }
{ + (a) The Legislative Assembly and the officers, members,
committees and staff of the Legislative Assembly;
(b) The courts and the officers, members and staff of the
judiciary;
(c) The Secretary of State and the State Treasurer in the
performance of the constitutional duties of those offices;
(d) The State Board of Higher Education, the Oregon University
System, the Oregon Health and Science University and any state
institution of higher education or community college;
(e) The Oregon State Lottery; and + }
{ - (b) - } { + (f) + } The Public Defense Services
Commission.
SECTION 6. ORS 184.475 is amended to read:
184.475. (1) The purposes of information technology
portfolio-based management are to:
(a) Ensure that state agencies link { - their - } { + the
state agencies' + } information technology investments with
business plans;
(b) Facilitate risk assessment of information technology
projects and investments;
(c) Ensure that state agencies justify information technology
investments on the basis of sound business cases;
(d) Ensure that state agencies facilitate development and
review of information technology performance related to business
operations;
(e) Identify projects that can cross agency and program lines
to leverage resources; and
(f) Assist in { - state government-wide - } planning for
common, shared information technology infrastructure { + among
state agencies and programs + }.
(2) The Oregon Department of Administrative Services shall
integrate state agency strategic and business planning,
technology planning and budgeting and project expenditure
processes into the department's information technology
portfolio-based management.
(3) In cooperation with state agencies, the department shall
conduct and maintain { - a continuous - } { + an + }
inventory of each state agency's current and planned investments
in information technology { - , a compilation of information
about those assets and the total life cycle cost of those
assets - } . The department shall develop and implement
{ - state government-wide standards, processes and
procedures - } { + policies and standards + } for the required
inventory and for the management of the { - state
government-wide - } information technology portfolio { + for
state agencies + }. State agencies shall participate { + with
the department + } in the { + inventory and management of
these + } information technology { + investments + }
{ - portfolio-based management - } and shall comply with the
{ + policies and + }standards { - , processes and
procedures - } established by the department under this
subsection. The provisions of this subsection do not relieve any
state agency from accountability for equipment, materials,
supplies and tangible and intangible personal property under
{ - its - } { + the state agency's + } control.
{ - (4) The department shall ensure that state agencies
implement portfolio-based management of information technology
resources in accordance with this section and with rules adopted
by the Director of the Oregon Department of Administrative
Services. - }
{ - (5) This section does not apply to competitive research
grants and contracts at institutions of higher education listed
in ORS 352.002. - }
{ - (6) In implementing the provisions of this section, the
department shall submit state government-wide policies for review
to the Joint Legislative Committee on Information Management and
Technology. - }
SECTION 7. ORS 184.477 is amended to read:
184.477. (1) The purpose of enterprise management is to create
a { - plan - } { + strategy + } and implement { - a state
government-wide approach - } { + plans + } for managing
distributed information technology assets to minimize total
ownership costs from acquisition through retirement, while
realizing maximum benefits for transacting the state's business
and delivering services to { - its - } citizens.
(2) With input and recommendations from state agencies, the
Oregon Department of Administrative Services shall develop
{ - a plan - } { + an information resource management
strategy + } for the { - state government-wide - } management
of distributed { + information resources and + } information
technology assets. The { + information resource management
strategy + } { - plan - } shall { - prescribe the state
government-wide - } { + describe the + } infrastructure and
services for managing these assets. The { - plan shall be
submitted to the Joint Legislative Committee on Information
Management and Technology - } { + department shall submit the
document describing the information resource management strategy
to the appropriate committee of the Legislative Assembly + } for
review.
(3) Following review by the { - Joint Legislative Committee
on Information Management and Technology - } { + appropriate
committee of the Legislative Assembly + }, the department shall
{ - ensure state agency implementation of the plan, including
the development of - } { + develop + } appropriate
{ + policies and + } standards { - , processes and
procedures - } .
(4) State agencies shall participate in the enterprise
management of { + information resources and + } information
technology assets and shall comply with the { + policies and + }
standards { - , processes and procedures - } of the department.
{ - (5) This section does not apply to competitive research
grants and contracts at institutions of higher education listed
in ORS 352.002. - }
SECTION 8. 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 option, or any of its statutory, standing,
special or interim committees, at the option of such committee.
SECTION 9. 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 shall be coordinated so
that
{ - statewide - } { + agency + } 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 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 { - , - } { + and standards + }
{ - procedures, standards and guidelines - } to plan for,
acquire, implement and manage { - the state's - } information
resources { + for state agencies + }. In developing
{ - rules - } { + policies and standards + }, the department
shall consult with state agencies having needs that may be
satisfied by use of information resources. State agencies shall
cooperate with the department in preparing and complying with
{ - rules - } { + the 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, plans and specifications shall be formulated
to ensure that information resources fit together in a statewide
system capable of providing - } { + To the extent practicable,
the department shall adopt policies and standards that fit
information resources together in an enterprise architecture
designed to support the business needs of state agencies and
provide + } ready access to information, computing or
telecommunication resources.
{ - Rules, plans and specifications - } { + Standards adopted
by the department + } shall be based on industry standards for
open systems to the greatest extent possible. { - Prior to
adoption of rules referred to in subsection (2) of this section,
the Oregon Department of Administrative Services shall present
the proposed rules to the appropriate legislative committee. - }
The { - Oregon Department of Administrative Services - }
{ + department + } shall have the review and oversight
responsibility for { - insuring - } { + ensuring + } that
{ + state + } agencies' planning, acquisition and
implementation activities { + align with and + } support the
{ - statewide information resources management plan - } { +
enterprise architecture and the information resource management
strategy described in ORS 184.477 + }. The department shall be
responsible for the fair and competitive procurement of
information technology consistent with the rules of the
department.
(4)(a) It is the policy of the State of Oregon 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 the economic
development and quality of life outcomes contained 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 public or private entity that
primarily conducts its 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. { - The department shall
adopt rules with respect to furnishing the service. - }
(b) The department shall { - establish the statewide
integrated videoconferencing and statewide online access - }
{ + adopt rules with respect to furnishing the services
referred to in paragraph (a) of this subsection. The rules may
establish + } user fees, services, delivery, rates and { - long
range - } { + long-range + } plans { + for the statewide
integrated videoconferencing and statewide online access service
described in this subsection + } { - 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
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
regulation or authority of the Public Utility Commission.
(6)(a) { - There is created - } The { + department may
establish a + } 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
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 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. 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, 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 - } { + department + } may establish
additional advisory and technical committees as the
{ - director - } { + department + } considers necessary to aid
and advise the { - Stakeholders Advisory - } committee in the
performance of its functions.
(f) The director may delegate { - to the State Chief
Information Officer - } any of the duties, functions or powers
imposed upon the director by this subsection.
(7) Any 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 to the
department for designation as a community of interest. The
application shall be in such form 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 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) - } { + (8) + } 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) 'State-of-the-art services' includes advanced digital
communications. - }
{ - (i) - } { + (e) + } 'Telecommunications' means the
hardware, software and services for transmitting voice, data,
video and images over a distance.
{ + (f) 'State agency' has the meaning given that term in ORS
184.473. + }
{ - (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 10. ORS 291.042 is amended to read:
291.042. (1) Subject to the approval of { - the Joint
Legislative Committee on Information Management and
Technology - } { + an appropriate committee of the Legislative
Assembly + }, the Oregon Department of Administrative Services:
(a) May obtain copyrights and patents on copyrightable or
patentable data processing programs, information or materials
developed, published or produced by state agency staff.
(b) May cause to have sold, leased { - , - } or otherwise
made available such data processing programs, information or
materials
{ - to any agency or legislative body of any state or the
federal government under such terms and conditions as may be
agreed to by the committee and the agencies - } .
(2) Moneys collected under this section { - shall be - }
{ + are + } credited to the General Fund and, less agency
expenses accrued in developing, producing and distributing
software and in training software users, { - shall be - }
{ + are + } available for general governmental purposes.
However, if resources expended for such development, production,
distribution and training activities were from fees or
assessments charged and collected by the agency, the net proceeds
of moneys collected under this section { - shall be - }
{ + are + } credited to the same accounts to which the fees or
assessments are credited and shall be used to reduce the fees or
assessments charged by the agency to the extent permitted by law.
SECTION 11. ORS 291.990 is amended to read:
291.990. (1) Any person who makes or orders or votes to make
any expenditure in violation of any of the provisions of the
statutes listed in subsection (5) of this section, or who makes
or authorizes or causes to be made any disbursement of funds from
the State Treasury in violation of any of the provisions 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 person incurs or orders or votes to incur an
obligation in violation of any of the provisions of the statutes
listed in subsection (5) of this section, the person and the
sureties on the bond of the person shall be jointly and severally
liable therefor to the person in whose favor the obligation was
incurred.
(3) Upon certification by the Oregon Department of
Administrative Services that any state officer or employee of a
state agency has failed or refused to comply with any order, rule
or regulation made by the department 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 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 12. 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 or
furnishing of supplies, materials, equipment and services other
than personal services required by the commission and for the
furnishing of professional services rendered by independent
contractors with the state to the commission.
(b) Provide for the furnishing of printing and multiple
duplication work to the commission under ORS 282.010 to 282.050,
except that printing and binding that advertises or promotes
products, agricultural or manufactured, may not be considered
state printing.
(c) Provide for the furnishing of services relating to the
disposition 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 amount for services performed by the
department under subsection (1) of this section as the department
determines is adequate to reimburse it for the costs necessary to
perform such services.
(3) Upon request by a commission, 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
amount for services performed by the department under this
subsection as the department determines is adequate to reimburse
it for the costs necessary to perform such services.
SECTION 13. { + ORS 283.150 and 283.160 are repealed. + }
SECTION 14. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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