75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2500
LC 259/HB 2500-7
HOUSE AMENDMENTS TO
HOUSE BILL 2500
By COMMITTEE ON RULES
April 24
On page 1 of the printed bill, line 2, after the semicolon
insert 'appropriating money;'.
Delete lines 3 through 11 and insert:
' Whereas the Seventy-fifth Legislative Assembly finds that
taxpayers should be able to easily access the details on how the
state is spending their tax dollars and what performance results
are achieved for those expenditures; and
' Whereas Oregon is currently facing a deep budget shortfall
and is seeking efficiencies wherever possible; and
' Whereas there currently is no single, easily accessible
interactive website that allows taxpayers to track state revenues
and expenditures; and
' Whereas current technology affords the state an opportunity
to provide citizens with a transparent look at the state's
finances; and
' Whereas the Oregon Progress Board found in 2008 that only 12
percent of Oregonians could correctly identify both the income
tax as Oregon's largest source of state income and education as
the largest General Fund expenditure; and
' Whereas future investments in state government information
technology should strive for integrated systems and data exchange
designed to provide meaningful information to the public, policy
makers and state agencies; and
' Whereas the Seventy-fifth Legislative Assembly finds that the
creation of an interactive website detailing the location,
purpose and results of taxpayer investments in state government
is beneficial to our state; now, therefore,'.
Delete lines 13 through 25 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + As used in sections 1 to 4 of this
2009 Act, ' state agency' means any officer, board, commission,
department, division or institution of state government, as
defined in ORS 174.111. 'State agency' does not mean the State
Treasurer. + }
' { + SECTION 2. + } { + (1) The Oregon Department of
Administrative Services shall develop and make available the Open
Books Oregon website. The website shall allow any person to view
information that is a public record and not exempt from
disclosure under ORS 192.410 to 192.505, including but not
limited to information described in subsection (3) of this
section.
' (2) State agencies, to the extent practicable and subject to
laws relating to confidentiality, when at no additional cost,
using existing data and existing state agency resources and
without reallocation of resources, shall:
' (a) Furnish information to the Open Books Oregon website by
posting reports and providing links to existing information
system applications in accordance with standards established by
the Oregon Department of Administrative Services; and
' (b) Provide the information in the format and manner required
by the Oregon Department of Administrative Services.
' (3) To the extent practicable and subject to laws relating to
confidentiality, when at no additional cost, using existing data
and existing state agency resources and without reallocation of
resources, the Open Books Oregon website shall contain
information about each state agency, including but not limited
to:
' (a) Annual state agency revenues;
' (b) Annual state agency expenditures;
' (c) Annual state agency human resources expenses, including
compensation;
' (d) Annual state agency tax expenditures, including, where
possible, the identity of the recipients of each tax expenditure;
' (e) State agency contracting and subcontracting information,
to the extent allowed by law;
' (f) A prominently placed graphic representation of the
primary funding categories and approximate number of individuals
served by the state agency;
' (g) A description of the mission, function and program
categories of the state agency;
' (h) Information about the state agency from the Oregon
Progress Board; and
' (i) A copy of any audit report issued by the Secretary of
State for the state agency.
' (4) In creating, operating, refining and recommending
enhancements to the Open Books Oregon website, the Oregon
Department of Administrative Services and the Open Books Oregon
Advisory Commission created in section 3 of this 2009 Act shall
consider and, to the extent practicable, adhere to the following
principles:
' (a) The website must be accessible without cost and be easy
to use;
' (b) Information included on the Open Books Oregon website
must be presented using plain, easily understandable language;
and
' (c) The website should teach users about how state government
works and provide users with the opportunity to learn something
about how state government raises and spends revenue.
' (5) If a state agency is not able to include information
described in this section on the Open Books Oregon website
because of the lack of availability of information or cost in
acquiring it, the Open Books Oregon Advisory Commission created
in section 3 of this 2009 Act shall list the information that is
not included for that state agency in the commission's report to
the Legislative Assembly required under section 3 of this 2009
Act. + }
' { + SECTION 3. + } { + (1) There is created the Open Books
Oregon Advisory Commission consisting of nine members appointed
as follows:
' (a) The President of the Senate shall appoint two members
from among members of the Senate, one from the majority party and
one from the minority party.
' (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
one from the majority party and one from the minority party.
' (c) The Governor shall appoint one member from an executive
branch agency.
' (d) The Director of the Oregon Department of Administrative
Services shall appoint one member.
' (e) The Legislative Fiscal Officer shall appoint one member.
' (f) The President of the Senate and the Speaker of the House
of Representatives shall each appoint one member of the public
with experience or interest in public finance, public relations,
measurement of performance outcomes or technology.
' (2) The commission shall advise and make recommendations to
the Oregon Department of Administrative Services regarding the
creation, contents and operation of, and enhancements to, the
Open Books Oregon website.
' (3) A majority of the members of the commission constitutes a
quorum for the transaction of business.
' (4) Official action by the commission requires the approval
of a majority of the members of the commission.
' (5) The commission shall elect one of its members to serve as
chairperson. The chairperson shall be selected not later than
October 1 of each odd-numbered year.
' (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (7) The commission shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the commission.
' (8) The commission may adopt rules necessary for the
operation of the commission.
' (9) The commission shall use the services of permanent staff
of the Legislative Fiscal Office to the greatest extent
practicable to staff the commission. The Oregon Department of
Administrative Services may provide additional assistance.
' (10) Members of the commission who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the
commission.
' (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the commission in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the commission consider necessary to perform their
duties.
' (12) The commission shall report to the Legislative Assembly
not later than January 15 of each odd-numbered year. The report
shall describe:
' (a) Enhancements made to the Open Books Oregon website during
the previous two calendar years;
' (b) Possible future enhancements to the website, including
but not limited to the inclusion of information relating to:
' (A) Performance outcomes that measure the success of state
agency programs in achieving goals;
' (B) State agency bond debt;
' (C) State agency expenses for capital improvements;
' (D) Numbers and descriptions of jobs created through state
agency contracts and subcontracts;
' (E) Lists of businesses and individuals receiving tax
credits, deductions, refunds, rebates and other subsidies from a
state agency;
' (F) Lists of the names of contractors who received a contract
from a state agency, including the number of contracts and
compensation received; and
' (G) Lists by contracting state agency of the number of
contracts entered into during a biennium and the amount of moneys
spent on the contracts; and
' (c) The feasibility of including an interactive application
where citizens can simulate balancing a biennial budget for the
state.
' (13) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on January 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term. + }
' { + SECTION 4. + } { + (1) The Open Books Oregon Advisory
Commission may accept contributions of moneys and assistance from
the United States Government or its agencies or from any other
source, public or private, and agree to conditions placed on the
moneys not inconsistent with the duties of the commission.
' (2) There is established in the State Treasury, separate and
distinct from the General Fund, the Open Books Oregon Advisory
Commission Fund. The fund consists of moneys received by the
commission under this section and such other moneys as may
otherwise be made available by law. Interest earned on the fund
shall be credited to the fund. Moneys in the fund are
continuously appropriated to the commission and may be used only
for the performance of the functions of the commission. + }
' { + SECTION 5. + } { + (1) Section 2 of this 2009 Act
becomes operative on January 1, 2010.
' (2) The Oregon Department of Administrative Services may take
any action before the operative date specified in subsection (1)
of this section that is necessary to enable the department to
exercise, on and after the operative date specified in subsection
(1) of this section, all the duties, functions and powers
conferred on the department by this 2009 Act. + }
' { + SECTION 6. + } { + Notwithstanding the term of office
specified by section 3 of this 2009 Act, of the members first
appointed to the Open Books Oregon Advisory Commission:
' (1) Three shall serve for terms ending January 1, 2011.
' (2) Three shall serve for terms ending January 1, 2012.
' (3) Three shall serve for terms ending January 1, 2013. + }
' { + SECTION 7. + } { + 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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