77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2935
House Bill 2653
Sponsored by Representative DOHERTY (Presession filed.)
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.
Removes Oregon University System's exemption from Public
Contracting Code.
Becomes operative January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to exemptions from the Public Contracting Code for the
Oregon University System; creating new provisions; amending ORS
279A.025 and 351.086; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of
this section, the Public Contracting Code applies to all public
contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between a contracting agency and:
(A) Another contracting agency;
(B) The Oregon Health and Science University;
(C) The Oregon State Bar;
(D) A governmental body of another state;
(E) The federal government;
(F) An American Indian tribe or an agency of an American Indian
tribe;
(G) A nation, or a governmental body in a nation, other than
the United States; or
(H) An intergovernmental entity formed between or among:
(i) Governmental bodies of this or another state;
(ii) The federal government;
(iii) An American Indian tribe or an agency of an American
Indian tribe;
(iv) A nation other than the United States; or
(v) A governmental body in a nation other than the United
States;
(b) Agreements authorized by ORS chapter 190 or by a statute,
charter provision, ordinance or other authority for establishing
agreements between or among governmental bodies or agencies or
tribal governing bodies or agencies;
(c) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145 for purposes of source
selection;
(d) Grants;
(e) Contracts for professional or expert witnesses or
consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which a public body
is or may become interested;
(f) Acquisitions or disposals of real property or interest in
real property;
(g) Sole-source expenditures when rates are set by law or
ordinance for purposes of source selection;
(h) Contracts for { - the procurement or distribution of - }
{ + procuring or distributing + } textbooks;
(i) Procurements by a contracting agency from an Oregon
Corrections Enterprises program;
(j) The procurement, transportation or distribution of
distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(k) Contracts { - entered into under ORS chapter 180
between - } the Attorney General and private counsel or special
legal assistants { + enter into under ORS chapter 180 + };
(L) Contracts { - for the sale of - } { + to sell + }
timber from lands
{ - owned or managed by - } the State Board of Forestry and
the State Forestry Department { + own or manage + };
(m) Contracts { + the State Forester or the State Board of
Forestry enters into + } for forest protection or forest related
activities, as described in ORS 477.406 { - , by the State
Forester or the State Board of Forestry - } ;
(n) Sponsorship agreements { - entered into by - } the State
Parks and Recreation Director { + enters into + } in accordance
with ORS 565.080 (4);
(o) Contracts { - entered into by - } the Housing and
Community Services Department { + enters into + } in exercising
the department's duties prescribed in ORS chapters 456 and 458,
except that the department's public contracting for goods and
services is subject to ORS chapter 279B;
(p) Contracts { - entered into by - } the State
Treasurer { + enters into + } in exercising the powers of
{ - that office - } { + the State Treasurer that are + }
prescribed in ORS chapters 178, 286A, 287A, 289, 293, 294 and
295, including but not limited to investment contracts and
agreements, banking services, clearing house services and
collateralization agreements, bond documents, certificates of
participation and other debt repayment agreements, and any
associated contracts, agreements and documents, regardless of
whether the obligations that the contracts, agreements or
documents establish are general, special or limited, except that
the State Treasurer's public contracting for goods and services
is subject to ORS chapter 279B;
(q) Contracts, agreements or other documents entered into,
issued or established in connection with:
(A) The issuance of obligations, as defined in ORS 286A.100 and
287A.310, of a public body;
(B) The making of program loans and similar extensions or
advances of funds, aid or assistance by a public body to a public
or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by
law, and other financial transactions of a public body that by
{ - their - } { + the + } character { + of the
transactions + } cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(r) Contracts for employee benefit plans as provided in ORS
243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and
243.565;
(s) Contracts for employee benefit plans as provided in ORS
243.860 to 243.886; or
(t) Any other public contracting of a public body specifically
exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the
contracting activities of:
(a) The Oregon State Lottery Commission;
{ - (b) The Oregon University System and member public
universities, except as provided in ORS 351.086; - }
{ - (c) - } { + (b) + } The legislative department;
{ - (d) - } { + (c) + } The judicial department;
{ - (e) - } { + (d) + } Semi-independent state agencies
listed in ORS 182.454, except as provided in ORS 279.835 to
279.855 and 279A.250 to 279A.290;
{ - (f) - } { + (e) + } Oregon Corrections Enterprises;
{ - (g) - } { + (f) + } The Oregon Film and Video Office,
except as provided in ORS 279A.100 and 279A.250 to 279A.290;
{ - (h) - } { + (g) + } The Travel Information Council,
except as provided in ORS 279A.250 to 279A.290;
{ - (i) - } { + (h) + } The Oregon 529 College Savings
Network and the Oregon 529 College Savings Board;
{ - (j) - } { + (i) + } The Oregon Innovation Council;
{ - (k) - } { + (j) + } The Oregon Utility Notification
Center; or
{ - (L) - } { + (k) + } Any other public body
{ - specifically exempted from the code by - } { + that + }
another provision of law { + specifically exempts from the
code + }.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not
apply to contracts made with qualified nonprofit agencies
providing employment opportunities for individuals with
disabilities under ORS 279.835 to 279.855.
SECTION 2. ORS 351.086, as amended by section 48, chapter 104,
Oregon Laws 2012, is amended to read:
351.086. (1) Except as otherwise provided in this chapter and
ORS chapter 352, the provisions of ORS chapters 182, 240, 270,
273, 276, 278, { - 279A, 279B, 279C, - } 282, 283, 291 and 292
and ORS 180.060, 180.160, 180.210, 180.220, 180.225 and 180.230
do not apply to the Oregon University System.
(2) Notwithstanding subsection (1) of this section, the
provisions of ORS 182.100, 182.109, 240.167, 276.073 to 276.090,
{ - 279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and (3),
279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830,
279C.835, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860,
279C.865, 279C.870, - } 283.085 to 283.092, 291.200, 291.201 to
291.222, 291.223, 291.224 (2) and (6), 291.226, 291.272 to
291.278, 291.322 to 291.334, 291.405, 291.407, 291.445, 292.043
and 292.044 apply to the Oregon University System.
(3) Notwithstanding subsection (1) of this section, ORS 273.413
to 273.456 apply to any structure, equipment or asset owned by
the Oregon University System that is encumbered by a certificate
of participation.
(4) Notwithstanding subsection (6) of this section:
(a) The provisions of ORS chapters 35, 190, 192, 244 and 297
and ORS 30.260 to 30.460, 184.480, 184.483, 184.486, 184.488,
200.005 to 200.025, 200.045 to 200.090, 200.100 to 200.120,
200.160 to 200.200, 236.605 to 236.640, 243.650 to 243.782,
243.800, 243.820, 243.830, 243.850, 243.910 to 243.945, 307.090
and 307.112 apply to the Oregon University System under the same
terms as { - they - } { + the provisions + } apply to other
public bodies other than the State of Oregon.
(b) The provisions of ORS { - chapter - } { + chapters
279A, 279B, 279C and + } 286A and ORS 293.115, 293.117, 293.130,
293.169, 293.171, 293.205 to 293.225, 293.250, 293.265 to
293.280, 293.285, 293.295, 293.321, 293.353, 293.375, 293.406,
293.465 to 293.485, 293.490, 293.495, 293.525, 293.701 to
293.820, 293.875, 293.880 and 293.990 apply to the Oregon
University System under the same terms as
{ - they - } { + the provisions + } apply to state agencies
with moneys { - held by - } the State Treasurer { +
holds + }, to the Oregon University System Fund established in
ORS 351.506 and to any other moneys deposited with or held by the
State Treasurer for the Oregon University System.
(5) Notwithstanding subsections (1) and (6) of this section,
the Oregon University System and { - its - } { + the + }
agents and employees { + of the Oregon University System
+ }remain subject to all statutes and administrative rules of
this state that create rights, benefits or protections in favor
of military veterans, service members and families of service
members to the same extent as an agency of this state would be
subject to such statutes and administrative rules.
(6)(a) Except as provided by paragraph (b) of this subsection,
the Oregon University System, as a distinct governmental entity,
is not subject to any provision of law enacted after January 1,
2011, with respect to any governmental entity, that is unique to
governmental entities, unless the provision specifically provides
that { - it - } { + the provision + } applies to the Oregon
University System.
(b) To the same extent as state agencies that borrow through
the State Treasurer or that have moneys held in the State
Treasury, the Oregon University System is subject to any
provision of law enacted after January 1, 2011, that relates to
or affects the borrowings of the Oregon University System through
the State Treasurer or the deposit, payment or investment of
moneys held in the Oregon University System Fund or any other
moneys held for the Oregon University System in the State
Treasury.
(7) In carrying out the duties, functions and powers imposed by
law upon the Oregon University System, the State Board of Higher
Education or the Chancellor of the Oregon University System may
contract with any public agency { - for the performance of
such - } { + to perform + } duties, functions and powers
{ - as - } { + that + } the board or chancellor considers
appropriate.
SECTION 3. { + (1) The amendments to ORS 279A.025 and 351.086
by sections 1 and 2 of this 2013 Act become operative on January
1, 2014.
(2) The Director of the Oregon Department of Administrative
Services, the Director of Transportation, the Attorney General,
the State Board of Higher Education, the Chancellor of the Oregon
University System or a president of an institution within the
Oregon University System may take any action before the operative
date specified in subsection (1) of this section that is
necessary to enable the director, the Attorney General, the
board, the chancellor or the president to exercise the duties,
functions and powers conferred on the director, the Attorney
General, the board, the chancellor or the president by the
amendments to ORS 279A.025 and 351.086 by sections 1 and 2 of
this 2013 Act. + }
SECTION 4. { + The amendments to ORS 279A.025 and 351.086 by
sections 1 and 2 of this 2013 Act apply to public contracts that
a contracting agency advertises or otherwise solicits or, if the
contracting agency does not advertise or solicit the contract, to
contracts into which the contracting agency enters on or after
the operative date specified in section 3 (1) of this 2013
Act. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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