75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2146
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)
CHAPTER ................
AN ACT
Relating to electronic connectivity provided by state government;
creating new provisions; amending ORS 291.055; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 and 3 of
this 2009 Act:
(1) 'Convenience fee' means a fee for using an electronic
government portal or governmental services available by means of
an electronic government portal that the Oregon Department of
Administrative Services charges or authorizes an electronic
government portal provider to charge under section 3 (3) of this
2009 Act.
(2) 'Electronic government portal' means an electronic
information delivery system accessible by means of the Internet
that a state agency designates officially as a means by which the
state agency delivers information, products or services.
(3) 'Electronic government portal provider' means a person that
on behalf of a state agency provides facilities, goods or
services necessary to develop, host, operate, maintain or
otherwise implement an electronic government portal or provides
facilities, goods or services that assist a state agency in
designing, developing, hosting, operating, maintaining or
otherwise implementing an electronic government portal.
(4) 'State agency' means the executive department, as defined
in ORS 174.112. + }
SECTION 2. { + (1) There is created the Electronic Government
Portal Advisory Board consisting of 13 members appointed as
follows:
(a) The President of the Senate shall appoint two nonvoting
members from among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
two nonvoting members from among members of the House of
Representatives.
(c) The Governor shall appoint:
(A) Three members who represent state agencies;
(B) Two members who represent the public; and
(C) One member who attends a school, community college or
university in this state.
(d) The Director of the Oregon Department of Administrative
Services shall appoint two members as follows:
Enrolled House Bill 2146 (HB 2146-A) Page 1
(A) The State Chief Information Officer; and
(B) A representative of the Oregon Department of Administrative
Services.
(e) The State Treasurer shall appoint one member who represents
the State Treasurer.
(2) Members of the Legislative Assembly who are members of the
advisory board are nonvoting members and may act only in an
advisory capacity.
(3) The advisory board shall:
(a) Advise the Oregon Department of Administrative Services
concerning:
(A) The development of electronic government portals for the
department and other state agencies;
(B) The amount, collection methods or other aspects of a
convenience fee that the department or an electronic government
portal provider collects;
(C) The priority of new governmental service applications that
may be provided by means of an electronic government portal;
(D) Terms and conditions of contracts between state agencies
and electronic government portal providers; and
(E) Rules necessary to implement electronic government portals.
(b) Monitor the layout, content and usability of electronic
government portals and advise the department on ways to improve
the delivery of government services by means of electronic
government portals, the accountability of state agencies' use of
electronic government portals to provide government services and
user satisfaction with electronic government portals.
(c) Study, propose, develop or coordinate activities that:
(A) Consider the needs of residents of this state;
(B) Evaluate the performance and transparency of state agency
delivery of government services; and
(C) Further the effectiveness of and user satisfaction with:
(i) Electronic government portals; and
(ii) State agencies' performance and accountability in the use
of electronic government portals to provide government services.
(4) A majority of the members of the advisory board constitutes
a quorum for the transaction of business.
(5) Official action by the advisory board requires the approval
of a majority of the members of the advisory board.
(6) The advisory board shall elect one of the members of the
advisory board to serve as chairperson.
(7) If a vacancy on the advisory board occurs for any cause,
the appointing authority shall make an appointment to become
immediately effective.
(8) The advisory board shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the advisory board.
(9) The advisory board may adopt rules necessary for the
operation of the advisory board.
(10) The Oregon Department of Administrative Services shall
provide staff support to the advisory board.
(11) Members of the advisory board who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses the
members incur in the performance of the members' official duties
in the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the advisory board
shall be paid out of funds appropriated to the Oregon Department
of Administrative Services for purposes of the advisory board.
Enrolled House Bill 2146 (HB 2146-A) Page 2
(12) All state agencies shall assist the advisory board in the
advisory board's performance of the advisory board's duties and,
to the extent permitted by laws relating to confidentiality, to
furnish information and advice as the members of the advisory
board consider necessary to perform the duties of the advisory
board. + }
SECTION 3. { + (1) The Oregon Department of Administrative
Services, with the advice of the Electronic Government Portal
Advisory Board, shall provide the ability for state agencies to
offer government services by means of an electronic government
portal. The electronic government portal must be secure and must
meet usability standards developed in cooperation with the
advisory board.
(2) For the purposes of subsection (1) of this section, the
department under the provisions of the Public Contracting Code
may contract with an electronic government portal provider.
(3)(a) The department may charge members of the public a
convenience fee or may authorize an electronic government portal
provider to charge a convenience fee for an electronic government
service if the advisory board recommends that the department
charge or authorize a convenience fee for the electronic
government service. The convenience fee must reflect the costs
incurred in hosting, operating, maintaining or implementing the
electronic government portal.
(b) The department shall cooperate with the advisory board to
identify the electronic government portals or governmental
services to which the convenience fee applies.
(4) The department may adopt rules to implement the provisions
of this section.
(5) Not later than the beginning of each regular legislative
session, the department shall prepare and submit to the
Legislative Assembly a report in the manner provided in ORS
192.245 that summarizes the department's activities under the
provisions of this section. + }
SECTION 4. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
Enrolled House Bill 2146 (HB 2146-A) Page 3
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget for the agency.
(n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
{ + (o) Convenience fees as defined in section 1 of this 2009
Act and established by the Oregon Department of Administrative
Services under section 3 (3) of this 2009 Act and recommended by
the Electronic Government Portal Advisory Board. + }
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be increased to not
more than its prior level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
Enrolled House Bill 2146 (HB 2146-A) Page 4
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 5. { + (1) Sections 1, 2 and 3 of this 2009 Act and
the amendments to ORS 291.055 by section 4 of this 2009 Act
become operative on January 1, 2010.
(2) The Director of the Oregon Department of Administrative
Services may take any action before January 1, 2010, that is
necessary to enable the director to exercise, on and after
January 1, 2010, all the duties, functions and powers conferred
on the director by sections 1, 2 and 3 of this 2009 Act and the
amendments to ORS 291.055 by section 4 of this 2009 Act. + }
SECTION 6. { + 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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Passed by House June 23, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2009
...........................................................
President of Senate
Enrolled House Bill 2146 (HB 2146-A) Page 5
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2146 (HB 2146-A) Page 6