TITLE 26A
ECONOMIC
DEVELOPMENT
Chapter 284. Organizations for Economic Development
285A. Economic Development I
285B. Economic Development II
285C. Economic Development III
_______________
Chapter 284 — Organizations
for Economic Development
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0090
2011 EDITION
ORGANIZATIONS FOR ECONOMIC DEVELOPMENT
ECONOMIC DEVELOPMENT
OREGON TOURISM COMMISSION
284.101 Definitions
for ORS 284.101 to 284.146
284.104 Legislative
findings
284.107 Oregon
Tourism Commission; qualifications; confirmation; term; compensation and
expenses; officers; quorum
284.111 Duties
of commission; marketing plan; rules
284.114 Action
on marketing plan
284.118 Commission
exempt from certain financial administration laws; contracts with state
agencies for services; personnel policies and contracting and purchasing
procedures
284.122 Authority
of commission
284.126 Budget
of commission; financial records and statements
284.131 Commission
account; disposition of moneys; exemption from expenditure limitations
284.134 Financial
review by Secretary of State
284.138 Matching
grant program; purposes; amount
284.142 Executive
director of commission
284.146 Maintenance
of tourist information centers
OREGON FILM AND VIDEO OFFICE
284.300 Definitions
for ORS 284.300 to 284.375
284.305 Oregon
Film and Video Office; status; continuing state obligation to support office
284.315 Film
and Video Board; appointment; qualifications; term; meetings; compensation
284.325 Director
of office; appointment; powers
284.335 Duties
of director; contracts; prior approval by board for certain actions; biennial
report; rules
284.345 Duties
of Oregon Film and Video Office
284.355 Powers
of Oregon Film and Video Office
284.365 Collection
and expenditure of moneys; deposit into insured account; adoption of budget
after public hearing; nonapplicability of state expenditure limitation
284.367 Oregon
Production Investment Fund; source of moneys in fund; permissible uses of
moneys
284.368 Reimbursement
from fund; maximum amounts allowable; verification of eligible expenses; rules
284.369 Marketing
284.375 Application
of other laws
(Temporary provisions relating to
Greenlight Oregon Labor Rebate are compiled as notes following ORS 284.375)
GOVERNOR’S COUNCIL ON OREGON’S ECONOMY
284.540 Governor’s
Council on Oregon’s Economy; membership; purpose
284.545 Legislative
findings
284.550 Definition
of “traded sector”
284.555 Economic
Revitalization Team; regulatory efficiency group; membership; purpose; reports
284.560 Duties
of Economic Revitalization Team
284.565 Development
of process for certifying sites ready for industrial or traded sector
development
284.570 Development
of state economic development strategy; advisory committee; rules; focus of strategy
284.575 Duties
of Department of Transportation related to state economic development strategy
284.577 State
and local cooperation to provide industrial, commercial and retail development
sites; implementation of state economic development strategy; rules
284.580 Role
of local governments in implementation of state economic development strategy
284.585 Assistance
to local governments; site assessment methodology
OREGON PROGRESS BOARD
284.600 Policy;
legislative findings and statement of purpose
284.604 Oregon
Progress Board; members; terms; compensation
284.608 Additional
nonvoting members of board; advisory functions; payment of expenses
284.612 Officers;
quorum; meetings
284.615 Strategy
for Oregon’s future; participation of public in development of strategy;
adoption of strategy; periodic revision
284.618 Board
recommendation of statutory and policy changes; local assistance
284.622 Goals
to measure progress; review and adoption; revision
284.625 Evaluation
of sustainability goals; biennial report; contents
284.628 Biennial
report; contents
284.631 Contributions;
Oregon Progress Board Fund
284.633 Agreements
for personnel and expenses
284.635 Agreement
with other state agency; duties; Governor to resolve disputes
OREGON INNOVATION COUNCIL
284.701 Definitions
for ORS 284.701 to 284.749
284.706 Oregon
Innovation Council; members; rules; compensation and expenses
284.711 Duties;
grants or loans; contracts; fees
284.715 State
plan for innovation and economic competitiveness
284.720 Oregon
Innovation Fund
284.725 Oregon
Commercialized Research Fund
284.730 Oregon
Commercialized Research Fund Advisory Council; duties
284.735 Grants
and loans to growth businesses; rules
284.740 Oregon
Innovation Council research centers
284.742 Grants
and loans to fund proposals for innovation-based economic development; fees;
rules
284.745 Definitions
for ORS 284.745 to 284.749
284.746 Request
for issuance of revenue bonds; issuance of bonds; use of bond proceeds; nature
of revenue bonds; powers of council
284.747 Oregon
Innovation Bond Fund
284.748 Oregon
Innovation Debt Service Fund
284.749 Oregon
Innovation Bond Administration Fund
(Temporary provisions relating to Grow
Oregon Council are compiled as notes following ORS 284.749)
Note Business
Ombudsman position; report --2011 c.198 §1
284.010 [1987
c.115 §2; 1991 c.11 §6; 1991 c.705 §1; renumbered 285.630 in 1991]
284.015 [1987
c.115 §3; 1991 c.705 §2; renumbered 285.633 in 1991]
284.020 [1987
c.115 §4; 1991 c.705 §3; 1991 c.878 §4; renumbered 285.635 in 1991]
284.025 [1987
c.115 §5; 1991 c.705 §4; renumbered 285.637 in 1991]
284.030 [1987
c.115 §6; 1989 c.547 §3; 1991 c.705 §5; renumbered 285.640 in 1991]
284.035 [1987
c.115 §7; 1991 c.705 §6; renumbered 285.643 in 1991]
284.040 [1987
c.115 §8; 1991 c.705 §7; renumbered 285.645 in 1991]
284.045 [1987
c.115 §9; renumbered 285.647 in 1991]
284.050 [1987
c.506 §24; 1989 c.966 §16; 1991 c.705 §8; renumbered 285.650 in 1991]
284.055 [1987
c.506 §25; 1989 c.638 §§1,2; 1989 c.966 §17; 1991 c.461 §93; 1991 c.878 §5;
renumbered 285.653 in 1991]
284.060 [1987
c.115 §1; renumbered 285.655 in 1991]
284.075 [1987
c.677 §2; renumbered 285.263 in 1991]
284.080 [1987
c.677 §3; renumbered 285.265 in 1991]
284.085 [1987
c.677 §§4,7; 1989 c.908 §59; renumbered 285.267 in 1991]
284.090 [1987
c.677 §5; renumbered 285.270 in 1991]
284.095 [1987
c.677 §8; renumbered 285.273 in 1991]
284.100 [1987
c.677 §1; renumbered 285.275 in 1991]
OREGON TOURISM COMMISSION
284.101 Definitions for ORS 284.101 to
284.146. As used in ORS 284.101 to 284.146,
unless the context requires otherwise:
(1)
“Commission” means the Oregon Tourism Commission.
(2)
“Executive director” means the executive director of the Oregon Tourism
Commission. [Formerly 285A.255]
284.104 Legislative findings.
The Legislative Assembly finds and declares that:
(1)
Travel and recreation industries are important to the State of Oregon as a
whole, and the health of these industries affects the well-being of all
Oregonians.
(2)
Tourist facilities and attractions serve the recreational and cultural needs of
both visitors and residents.
(3)
It is in the public interest to encourage the orderly growth and development of
nonpolluting, labor-intensive industries such as tourism within the state.
(4)
The travel and recreation industries have become increasingly important to the
economic growth of the state and will become more important in the future
because of increased leisure time and declining employment opportunities in other
traditional Oregon industries.
(5)
State involvement in tourism, recreational and cultural activities needs to be
better coordinated to respond effectively to state interests and, where
appropriate, to meet the needs of local governments and the private sector.
(6)
There is a need to encourage communication, partnership and cooperation between
the public and private sectors of the industry to promote orderly growth and
implementation of statewide objectives.
(7)
It is desirable that there be an agency in state government to act in matters
pertaining to public relations.
(8)
It is in the public interest to promote quality, integrity and reliability in
all tourism and tourism related services and in information offered to visitors
to the State of Oregon.
(9)
Oregonians want to preserve the historical and cultural foundations of the
state as a living part of community life and development and to insure future
generations and visitors the opportunity to appreciate and enjoy the rich
heritage of Oregon.
(10)
Planning and promotion of tourism and recreation should be compatible with
other state interests in energy development and conservation, environmental
protection, transportation and the judicious use of natural resources.
(11)
It is in the best interest of the nation and the tourism and recreation
industries to proceed in an orderly fashion toward the development of a
promotional program for advancing and enhancing tourism in the state. [Formerly
285A.258]
284.107 Oregon Tourism Commission;
qualifications; confirmation; term; compensation and expenses; officers;
quorum. (1) There is established an Oregon
Tourism Commission consisting of nine members appointed by the Governor.
Members of the commission are appointed to perform the duties of the commission
as provided by law. Members are subject to confirmation by the Senate pursuant
to section 4, Article III of the Oregon Constitution.
(2)
In appointing members of the commission under subsection (1) of this section,
the Governor shall:
(a)
Appoint members representing the state’s various regions and areas of tourism
activity.
(b)
Appoint three members drawn from travel agencies, tour operators, private
transportation, restaurants or businesses or organizations engaged in tourism
promotion for cities or counties, cultural attractions, historic attractions,
ski facilities or related recreational industries. At least 30 days prior to
the expiration of the term of a member appointed under this paragraph, the
Tourism Industry Council of Oregon may recommend to the Governor one or more
tourism industry representatives for the Governor’s consideration in filling
the vacancy.
(c)
Appoint at least one member to represent the public at large.
(d)
Appoint five members drawn from the lodging industry. For purposes of this
paragraph, the lodging industry consists of hotels, motels, resorts, bed and
breakfast facilities, inns, recreational vehicle parks, campgrounds and guest
ranches. At least 30 days prior to the expiration of the term of a member
appointed under this paragraph, a statewide organization representing the
lodging industry may recommend to the Governor one or more lodging industry
representatives for the Governor’s consideration in filling the vacancy.
(3)
A member of the commission shall be appointed for a term of four years that
begins on July 1. A member shall hold office for the term of the appointment
and after the end of the term until a successor is appointed and qualified.
Before the expiration of the term of a member, the Governor shall strive to
appoint a successor. A member is eligible for one reappointment except that a
member appointed to fill a vacancy for a partial term may be reappointed to
fill a total of two full terms in addition to the partial term. If there is a
vacancy for any cause, the Governor shall make an appointment to become
effective immediately for the unexpired term.
(4)
A member of the commission is entitled to compensation and expenses as provided
in ORS 292.495.
(5)
The commission shall select one of its members to chair the commission and
shall select another member to serve as vice chair, for such terms and with
duties and powers necessary to perform the functions of the offices as the
commission determines.
(6)
A majority of the members of the commission constitutes a quorum for the
transaction of business.
(7)
The Governor may remove a member of the commission for cause as provided in ORS
182.010 or 236.010. [Formerly 285A.261]
284.110 [1985
c.807 §3; 1987 c.769 §1; repealed by 1989 c.1015 §24]
284.111 Duties of commission; marketing
plan; rules. The Oregon Tourism Commission shall
perform the following duties:
(1)
Serve as a body to advise governmental bodies and agencies and private persons
on the development and implementation of state policies and programs relating
to tourism and recreation and to assist in the coordination of these
activities.
(2)
Advise the Governor and direct the executive director of the commission on all
matters pertaining to tourism.
(3)
Prepare, approve and periodically revise and submit to the Governor, the
Director of the Oregon Business Development Department and tourism industry
associations a recommended comprehensive marketing plan for review by the
Governor, the Director of the Oregon Business Development Department and the tourism
industry associations. The comprehensive marketing plan shall be directed
toward the accomplishment of at least the following purposes:
(a)
Maximizing the return on public and private investment in tourism.
(b)
Encouraging longer stays by visitors to Oregon.
(c)
Reducing seasonal fluctuations in travel and tourist related industries.
(d)
Encouraging visitors to be destination oriented in this state by targeting
high-yield visitor segments that may include cultural tourism, agri-tourism,
nature-based tourism or sports and adventure tourism.
(e)
Encouraging visitors from foreign countries to come to Oregon.
(f)
Encouraging Oregonians to vacation in Oregon.
(4)
Develop a biennial budget for all operations of the commission and submit the
budget to the Governor.
(5)
Seek and receive the views of all levels of government and the private sector
with respect to state programs and policies for the promotion and assistance of
tourism.
(6)
Prepare and adopt administrative rules necessary for the operation of the
programs of the commission.
(7)
Cooperate with educational institutions of the state in the development of
educational programs preparing persons for supporting and leadership positions
critical to the development of an economically strong and socially beneficial
tourism industry in Oregon.
(8)
Cooperate with and provide expertise for communities and tourism marketing
associations in the development and promotion of their tourism attractions and
businesses.
(9)
Implement the comprehensive marketing plan described in subsection (3) of this
section and promote tourism in the State of Oregon. [Formerly 285A.264]
284.114 Action on marketing plan.
Upon receipt of a comprehensive marketing plan prepared or revised by the
Oregon Tourism Commission under ORS 284.111, the Governor, the Director of the
Oregon Business Development Department and tourism industry associations may
review the plan. If the Governor, the director or an industry association has
any disagreement with the plan or if the Governor, director or an industry
association desires anything included in the plan that is not in the plan when
submitted, the Governor, director or industry association may submit
recommendations for revision by the commission. [Formerly 285A.267]
284.115 [1989
c.1015 §2; renumbered 285.570 in 1991]
284.118 Commission exempt from certain
financial administration laws; contracts with state agencies for services;
personnel policies and contracting and purchasing procedures.
(1) Except as provided in subsection (2) of this section, the provisions of ORS
200.035 and 279.835 to 279.855 and ORS chapters 240, 276, 279A, 279B, 279C,
282, 283, 291, 292 and 293 do not apply to the Oregon Tourism Commission. The
commission is subject to all other statutes governing a state agency that do
not conflict with ORS 284.101 to 284.146, including the tort liability
provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183. The
employees of the commission are included within the Public Employees Retirement
System.
(2)
Notwithstanding subsection (1) of this section, the following provisions apply
to the commission:
(a)
ORS 279A.250 to 279A.290;
(b)
ORS 292.495; and
(c)
ORS 293.235, 293.240, 293.245, 293.250, 293.611, 293.625 and 293.630.
(3)
In carrying out the duties, functions and powers of the commission, the
commission may contract with any state agency for the performance of duties,
functions and powers as the commission considers appropriate. A state agency
may not charge the commission an amount that exceeds the actual cost of those
services. ORS 284.101 to 284.146 do not require a state agency to provide
services to the commission other than pursuant to a voluntary interagency
agreement or contract.
(4)
The commission shall adopt personnel policies and contracting and purchasing
procedures. The Oregon Department of Administrative Services shall review those
policies and procedures for compliance with applicable state and federal laws
and collective bargaining contracts.
(5)
Except as otherwise provided by law, members and employees of the commission
are eligible to receive the same benefits as state employees and are entitled
to retain their State of Oregon hire dates, transfer rights and job bidding
rights, all without loss of seniority, and to the direct transfer of all
accumulated state agency leaves. [Formerly 285A.269]
284.120 [1985
c.807 §13c; 1987 c.769 §2; repealed by 1989 c.1015 §24]
284.122 Authority of commission.
To carry out the duties and purposes of the Oregon Tourism Commission, and in
addition to other powers granted to the commission under ORS 284.101 to 284.146
or other law, the commission may:
(1)
Make contracts and execute all instruments necessary or convenient for carrying
out the duties of the commission;
(2)
Acquire, own, hold, transfer, encumber or dispose of property of any kind, or
any interest in that property;
(3)
Enter into agreements or other transactions involving tourism with any federal,
state, county or municipal agency or with any person or other entity;
(4)
Appoint officers, consultants, agents or advisors, and prescribe their duties;
(5)
Appear before boards, commissions, departments or other agencies of municipal
or county governments, the state government or the federal government;
(6)
Procure insurance against any losses incurred in connection with property of
the commission in the amounts and from the insurers as the commission
determines is necessary or desirable;
(7)
Accept donations, grants, bequests or devises, conditional or otherwise, of
money, property, services or other items of value, including any interest or
earnings thereon, that may be received from the federal government or any
agency of the federal government, any state or municipal government agency, or
any institution or person, public or private, to be held, used or applied for
any purpose of the commission, in accordance with the terms of the donation,
grant, bequest or devise;
(8)
Organize, conduct, sponsor, cooperate with or assist the private sector or
other state agencies in the conduct of conferences and tours related to Oregon
tourism;
(9)
Provide and pay for advisory services and technical assistance that may be
necessary or desirable to carry out the duties and purposes of the commission;
(10)
Exercise any other powers necessary or desirable for the operation and
functioning of the commission that is consistent with the purposes of the
commission;
(11)
Charge for products or services provided and receive revenue from any source to
be used for the purposes of the commission;
(12)
Enter into agreements and cooperate with political subdivisions of this state,
state agencies, other states, the federal government, governments of foreign
countries or private individuals, corporations or other persons in the
publication or distribution of information relating to tourism, recreational
activities and tourism facilities, or other information or materials of
interest or service to the traveling public or relating to developing or
promoting tourism in this state; and
(13)
Accept or provide travel, lodging, meals, entertainment, meetings and other
services from or to public or private entities or persons in order to carry out
the duties of the commission. [Formerly 285A.271]
284.125 [1989
c.1015 §3; renumbered 285.573 in 1991]
284.126 Budget of commission; financial
records and statements. (1) The Oregon Tourism
Commission shall adopt budgets on a biennial basis using classifications of
expenditures and revenue required by ORS 291.206 (1). That portion of the
budget that is funded by appropriations from the General Fund or by allocations
of lottery funds is subject to review and approval by the Legislative Assembly
and to future modification by the Emergency Board or the Legislative Assembly.
The remainder of the budget is subject to review and recommendation by the
Legislative Assembly.
(2)
The commission shall adopt or modify a budget only after a public hearing on
the budget. At least 15 days prior to a public hearing, the commission shall
give notice of the hearing to all persons known to be interested in the
proceedings of the commission and to any person who has requested a notice. The
commission shall file a copy of the adopted or modified budget with the
Legislative Fiscal Officer not later than five business days after the
commission adopts or modifies a budget.
(3)
The commission shall follow generally accepted accounting principles and keep
such financial and statistical information as is necessary to completely and
accurately disclose the financial condition and financial operations of the
commission as may be required by the Secretary of State.
(4)
The commission shall prepare an annual financial statement of commission
revenues and expenses and shall make the statement available for public review.
The commission shall file a copy of the annual financial statement with the
Legislative Fiscal Officer not later than five business days after the
statement is prepared or adopted by the commission. [Formerly 285A.272; 2011
c.630 §1]
284.130 [1985
c.807 §2; repealed by 1989 c.1015 §24]
284.131 Commission account; disposition of
moneys; exemption from expenditure limitations.
(1) All moneys collected, received by or appropriated to the Oregon Tourism
Commission must be deposited into an account established by the commission in a
depository bank insured by the Federal Deposit Insurance Corporation. In a
manner consistent with the requirements of ORS chapter 295, the chair of the
commission shall ensure that sufficient collateral secures any amount of funds
on deposit that exceeds the limits of the Federal Deposit Insurance Corporation’s
coverage.
(2)
Subject to the approval of the chair, the commission may invest moneys
collected or received by the commission. Investments made by the commission
must be limited to investments described in ORS 294.035 (3)(a) to (i).
(3)
Interest earned on any moneys invested under subsection (2) of this section
must be made available to the commission in a manner consistent with the
biennial budget of the commission.
(4)
The commission shall spend state transient lodging tax moneys appropriated to
the commission under ORS 320.335 as follows:
(a)
At least 80 percent must be used to fund state tourism marketing programs.
(b)
As much as 15 percent must be used to implement a regional cooperative tourism
marketing program that:
(A)
Requires fund allocations to focus on creating new business from out-of-state
and international markets;
(B)
Utilizes a regional allocation formula that distributes revenue to regions, the
boundaries of which are established by the commission, in proportion to the
amount of transient lodging tax revenues collected in each region;
(C)
Distributes revenue to recipients that are selected by the commission as
organizations able to conduct tourism-related marketing for each region;
(D)
Requires advertising, publications, CD-ROMs, websites, videos and other tourism
promotion materials funded through the regional cooperative tourism marketing
program to carry the Oregon Tourism Commission logo and marketing tag line; and
(E)
Encourages funding recipients to incorporate design elements from commission
advertising and promotional campaigns, such as fonts, images and other design
elements.
(5)
All moneys in the account that are not state transient lodging tax revenues are
continuously appropriated to the commission for the purposes of carrying out
the functions of the commission.
(6)
All expenditures from the account are exempt from any state expenditure
limitation. [Formerly 285A.274]
284.134 Financial review by Secretary of
State. The Secretary of State shall enter into
agreements with the Oregon Tourism Commission to set an appropriate financial
review schedule for the commission. In lieu of conducting a financial review,
the Secretary of State may elect to contract for the financial review with, or
accept a financial review conducted by, an independent certified public
accountant. [Formerly 285A.277]
284.135 [1989
c.1015 §4; repealed by 1991 c.11 §19]
284.138 Matching grant program; purposes;
amount. (1) The Oregon Tourism Commission shall
administer a biennial matching grants program when the Legislative Assembly
appropriates moneys therefor. The purpose of the matching grants program is to
help develop and improve the economies of communities throughout Oregon by
means of the improvement, expansion and promotion of the visitor industry.
(2)
The commission shall establish the maximum grant amount in the applicant
guidelines prepared for the matching grants program in each biennium. No more
than 50 percent of the total cost of a project may be paid for with moneys from
the program. An applicant must show a minimum one-to-one match from private or
public sources other than Oregon Business Development Department or commission
programs. The applicant must also show a cash match of at least 50 percent of
the amount requested under the matching grants program. [Formerly 285A.279]
284.140 [1985
c.807 §4; repealed by 1989 c.1015 §24]
284.142 Executive director of commission.
(1) The Oregon Tourism Commission shall appoint an executive director. The
appointment shall be subject to the approval of the Governor. The executive
director shall serve at the pleasure of the members of the commission.
(2)
The commission shall set the compensation of the executive director.
(3)
The executive director shall direct all administrative functions of the
commission. The executive director may appoint all subordinate officers and
employees of the commission and may prescribe their duties and set their
compensation.
(4)
Except as provided in subsection (5) of this section, the commission may
delegate to the executive director any duty, function or power conferred or
imposed on the commission and the executive director may delegate to any
subordinate officer or employee of the commission any duty, function or power
conferred, imposed on or delegated to the executive director.
(5)
The commission may not delegate to the executive director the power to:
(a)
Approve the comprehensive marketing plan described in ORS 284.111;
(b)
Approve the biennial budget required under ORS 284.126; or
(c)
Appoint and set the compensation of the executive director. [Formerly 285A.282;
2009 c.11 §32]
284.145 [1989
c.1015 §5; renumbered 285.575 in 1991]
284.146 Maintenance of tourist information
centers. The Oregon Tourism Commission shall
establish and maintain official tourist information centers near the principal
entrance points into the state, and at other locations it considers
appropriate, to be used to provide information to the public about public
accommodations, transportation, commercial services for the traveling public,
campgrounds, parks, recreational areas and points of interest. The commission
may contract for the construction, maintenance and operation of such tourist
information centers. [Formerly 285A.288]
284.150 [1985
c.807 §5; 1987 c.769 §3; repealed by 1989 c.1015 §24]
284.155 [1989
c.1015 §6; renumbered 285.577 in 1991]
284.160 [1985
c.807 §6; 1987 c.769 §4; repealed by 1989 c.1015 §24]
284.165 [1989
c.1015 §7; renumbered 285.580 in 1991]
284.170 [1985
c.807 §7; repealed by 1989 c.1015 §24]
284.175 [1989
c.1015 §8; renumbered 285.583 in 1991]
284.180 [1985
c.807 §8; 1987 c.769 §5; 1989 c.171 §37; repealed by 1989 c.1015 §24]
284.185 [1989
c.1015 §9; renumbered 285.585 in 1991]
284.190 [1985
c.807 §15; repealed by 1989 c.1015 §24]
284.195 [1989
c.1015 §10; renumbered 285.587 in 1991]
284.200 [1985
c.807 §9; repealed by 1989 c.1015 §24]
284.205 [1989
c.1015 §11; 1991 c.11 §7; renumbered 285.590 in 1991]
284.210 [1985
c.807 §§13,14; 1987 c.769 §§6,16; repealed by 1989 c.1015 §24]
284.215 [1989
c.1015 §12; 1991 c.11 §8; renumbered 285.593 in 1991]
284.220 [1985
c.807 §§10,11; 1987 c.769 §7; 1989 c.224 §48; repealed by 1989 c.1015 §24]
284.225 [1989
c.1015 §13; 1991 c.11 §9; renumbered 285.595 in 1991]
284.230 [1985
c.807 §12; 1987 c.769 §8; repealed by 1989 c.1015 §24]
284.235 [1989
c.1015 §14; 1991 c.459 §1; renumbered 285.597 in 1991]
284.240 [1985
c.807 §13a; 1987 c.769 §9; repealed by 1989 c.1015 §24]
284.245 [1989
c.1015 §15; 1991 c.415 §1; renumbered 285.600 in 1991]
284.250 [1985
c.807 §13b; 1987 c.769 §10; repealed by 1989 c.1015 §24]
284.254 [1989
c.1015 §16; renumbered 285.603 in 1991]
284.255 [1987
c.769 §§12,13; 1989 c.908 §60; repealed by 1989 c.1015 §24]
284.259 [1989
c.1015 §17; renumbered 285.605 in 1991]
284.260 [1985
c.807 §1; repealed by 1989 c.1015 §24]
284.263 [1989
c.1015 §18; 1991 c.459 §2; renumbered 285.607 in 1991]
284.265 [1989
c.1015 §18a; 1991 c.11 §10; renumbered 285.610 in 1991]
284.270 [1989
c.1015 §19; 1991 c.11 §11; renumbered 285.613 in 1991]
284.275 [1989
c.1015 §20; 1991 c.11 §12; 1991 c.459 §3; renumbered 285.615 in 1991]
284.280 [1989
c.1051 §21; 1991 c.11 §13; 1991 c.415 §2; 1991 c.459 §4; renumbered 285.617 in
1991]
284.285 [1989
c.1015 §1; renumbered 285.620 in 1991]
OREGON FILM AND VIDEO OFFICE
284.300 Definitions for ORS 284.300 to
284.375. As used in ORS 284.300 to 284.375,
unless the context requires otherwise:
(1)
“Board” means the Film and Video Board.
(2)
“Office” means the Oregon Film and Video Office created by ORS 284.305 (1). [1995
c.242 §1]
284.305 Oregon Film and Video Office;
status; continuing state obligation to support office.
(1) The Oregon Film and Video Office is created as a semi-independent state
agency subject to ORS 284.300 to 284.375.
(2)
Subject to legislative appropriations, the State of Oregon recognizes a
continuing obligation to contribute to the support of the Oregon Film and Video
Office. The State of Oregon recognizes that a continued financial partnership
with the office is essential to the growth of the film and video industries. [1995
c.242 §§2,11]
284.310 [1985
c.776 §2; 1987 c.757 §1; 1989 c.537 §1; 1989 c.547 §4; 1989 c.833 §79; 1991
c.11 §14; 1991 c.687 §1; renumbered 285.700 in 1991]
284.315 Film and Video Board; appointment;
qualifications; term; meetings; compensation. (1)
The Oregon Film and Video Office shall be governed by the Film and Video Board.
(2)
The Film and Video Board shall consist of five members appointed by the
Governor.
(3)
The five members shall be appointed as follows:
(a)
Two members shall be appointed from professional filmmakers, videographers or
production and support service firms.
(b)
Two members shall be from the private financial sector and shall have
experience in high-risk venture investments, either with start-up companies or
in commercial banking.
(c)
One member shall be appointed from a group or firm representing emerging media
technologies.
(4)
A member of the board shall be appointed for a term of four years that begins
on July 1. A member shall hold office for the term of the appointment and until
a successor is appointed. However, a member may be removed from the board
at the pleasure of the Governor. A member is eligible for reappointment.
(5)
Upon expiration of the term of a member of the board, a successor shall be
appointed for a term of four years. In case of a vacancy for any cause, the
Governor shall appoint an individual to serve the unexpired term of the member
to be replaced.
(6)
The board shall annually select one of its members to chair the board with
those duties and powers that the board determines are necessary to perform the
functions of the office.
(7)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(8)
The board shall meet at least once in each calendar quarter at a time and place
to be determined by the chairperson of the board. All meetings of the board
shall be held in Oregon. The chairperson or any two members of the board may
call a special meeting after providing written notice of the meeting to the
other members at least seven days prior to the meeting.
(9)
Members of the board are entitled to expenses as provided in ORS 292.495 (2). [1995
c.242 §3; 1997 c.632 §5]
284.320 [1985
c.776 §1; 1987 c.757 §2; renumbered 285.703 in 1991]
284.325 Director of office; appointment;
powers. The Oregon Film and Video Office shall
be under the administrative control of a director, who is appointed by and who
holds office at the pleasure of the Film and Video Board. The board shall set
the compensation of the director. The director of the office may appoint all
subordinate officers and employees of the office and may prescribe their duties
and fix their compensation. The director of the office may delegate to any
subordinate officer or employee any administrative duty, function or power
imposed upon the office by law. [1995 c.242 §5]
284.330 [1985
c.776 §2a; 1987 c.757 §3; renumbered 285.705 in 1991]
284.335 Duties of director; contracts;
prior approval by board for certain actions; biennial report; rules.
(1) Except as provided in subsection (2) of this section, when carrying out the
duties, functions and powers of the Oregon Film and Video Office, the director
of the office may contract with any state agency for the performance of such
duties, functions and powers that the director considers appropriate.
(2)
The director of the office may not, without the prior approval of the Film and
Video Board:
(a)
Award any contract for goods or professional services in excess of $25,000;
(b)
Authorize any expenditure of moneys in excess of $25,000;
(c)
Sell or otherwise dispose of real or personal property valued in excess of
$25,000;
(d)
Commence a civil legal action or proceeding;
(e)
Sell, transfer and convey property to a buyer or lease property to a tenant;
(f)
Borrow money and give guarantees;
(g)
Finance, conduct or cooperate in the financing of facilities and projects to
assist the film, video and emerging media industries; or
(h)
In accordance with ORS chapter 183, adopt rules necessary for the
administration of laws that the office is charged with administering.
(3)
The Film and Video Board shall approve the lease of property to a tenant only
when the sale, transfer or conveyance of the property cannot be effected with
reasonable promptness or at a reasonable price.
(4)
The Film and Video Board may not allow the director to borrow money or give
guarantees under subsection (2)(f) of this section unless the indebtedness or
other obligations of the office are payable solely out of its own resources and
do not constitute a pledge of the full faith and credit of the State of Oregon
or any of the revenues of this state.
(5)
The office shall file with the Governor, the Legislative Assembly and the
Legislative Fiscal Officer a biennial report of the activities and operations
of the office. The report shall include a full and complete reporting of the
financial activities and transactions of the office during the biennium,
including at least the information required under ORS 284.365 (5). [1995 c.242 §9;
2011 c.630 §2]
284.340 [1985
c.776 §4; 1987 c.757 §4; 1991 c.878 §6; renumbered 285.707 in 1991]
284.345 Duties of Oregon Film and Video
Office. The Oregon Film and Video Office shall:
(1)
Assist in the development of Oregon’s indigenous film and video industry.
(2)
Act as the primary liaison and contact on behalf of the State of Oregon for
film or video production companies and personnel operating in this state.
(3)
Provide assistance to:
(a)
Out-of-state production companies;
(b)
Location managers and scouts;
(c)
Film and video production personnel on location in this state when dealing with
local jurisdictions and state and federal agencies;
(d)
The general public regarding film and video productions; and
(e)
Local communities in attracting film and video productions.
(4)
Coordinate with affected state and federal agencies to permit filming.
(5)
Market and promote Oregon as a location for film or video productions.
(6)
Promote the film and video industry in Oregon and the emerging interactive
multimedia technologies and related industries in this state by:
(a)
Developing a skilled workforce;
(b)
Developing and managing production facilities and other related infrastructure;
(c)
Educating the business, financial and political communities in this state
concerning the positive economic and promotional effects of these industries;
and
(d)
Promoting investment in the film and video industry, including facilitating
joint ventures and partnerships in the industry.
(7)
Maintain the confidential nature of the negotiations it conducts as requested
by persons doing business with the office. [1995 c.242 §6]
284.350 [1985
c.776 §2b; repealed by 1987 c.757 §16]
284.355 Powers of Oregon Film and Video
Office. To carry out the purposes specified in
ORS 284.345, the Oregon Film and Video Office may:
(1)
Make contracts and execute all instruments necessary or convenient for carrying
out the duties of the office;
(2)
Acquire, own, hold, dispose of and encumber real or personal property of any
kind, or any interest in that property;
(3)
Enter into agreements or other transactions involving the film, video and
emerging interactive multimedia industries with any federal, state, county or
municipal agency or with any person or other entity;
(4)
Acquire real property or an interest in real property, by purchase or
foreclosure, when the acquisition is necessary or appropriate to promote the
film, video and emerging interactive multimedia industries;
(5)
Appoint officers, consultants, agents and advisers, and prescribe their duties;
(6)
Appear in its own behalf before boards, commissions, departments or other
agencies of municipal or county governments, the state government or the
federal government;
(7)
Procure insurance against any losses in connection with its properties in such
amounts and from such insurers as may be necessary or desirable;
(8)
Accept any and all donations, grants, bequests and devises, conditional or otherwise,
of money, property, services or other things of value, including any interest
or earnings thereon, that may be received from the United States or any agency
thereof, any governmental agency or any institution or person, public or
private, to be held, used or applied for any or all of the purposes specified
in ORS 284.345, in accordance with the terms and conditions of the grant;
(9)
Organize, conduct, sponsor, cooperate with and assist the private sector and
other state agencies in the conduct of conferences and tours relating to the
film, video and emerging interactive multimedia industries;
(10)
Provide and pay for advisory services and technical assistance that may be
necessary or desirable to carry out the purposes of ORS 284.345;
(11)
Exercise any other powers necessary for the operation and functioning of the
office within the purposes authorized by ORS 284.345;
(12)
In order to accomplish the purposes of ORS 284.300 to 284.355, expend moneys
duly budgeted to pay the travel and various other expenses of film or video
production company personnel;
(13)
Charge for and receive income or revenue from any source to be used for the
purposes authorized by ORS 284.345; and
(14)
Charge fees reasonably calculated to cover the costs incurred by the office
when providing services under ORS 284.300 to 284.355. [1995 c.242 §8]
284.360 [1985
c.776 §5; 1987 c.168 §7; renumbered 285.710 in 1991]
284.365 Collection and expenditure of
moneys; deposit into insured account; adoption of budget after public hearing;
nonapplicability of state expenditure limitation.
(1) All moneys collected, received or appropriated to the Oregon Film and Video
Office shall be deposited in an account established in a depository insured by
the Federal Deposit Insurance Corporation or the National Credit Union Share
Insurance Fund. In a manner consistent with the requirements of ORS 295.001 to
295.108, the chairperson of the Film and Video Board shall insure that
sufficient collateral secures any amount of funds on deposit that exceeds the
limits of the coverage of the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. Subject to approval by the
chairperson, the board may invest moneys collected or received by the office.
Investments made by the board are limited to the types of investments listed in
ORS 294.035 (3)(a) to (i). Interest earned from any amounts invested must be
made available to the office in a manner consistent with the biennial budget
approved by the board.
(2)
Subject to the approval of the director of the office, all necessary expenses
of the office and the board must be paid from the moneys collected,
appropriated or earned by the office.
(3)
The office shall adopt a budget on a biennial basis using the classifications
of expenditures and revenues required by ORS 291.206 (1). The budget is not
subject to review and approval by the Legislative Assembly or to modification
by the Emergency Board or the Legislative Assembly. However, the budget must be
included in the biennial report required by ORS 284.335 (5).
(4)
The board shall adopt a budget only after holding a public hearing on the
proposed budget. At least 15 days prior to any public hearing on the proposed
budget, the board shall give notice of the hearing to all persons known to be
interested in the proceedings of the board and to any person who requests
notice.
(5)
All expenditures from the account established for the office under subsection
(1) of this section are exempt from any state expenditure limitation. The office
shall follow generally accepted accounting principles and keep such financial
and statistical information that is necessary to completely and accurately
disclose the financial condition and financial operations of the office as may
be required by the Secretary of State.
(6)
As used in this section, “depository” has the meaning given that term in ORS
295.001. [1995 c.242 §10; 2003 c.405 §4; 2005 c.443 §19; 2007 c.871 §26]
284.367 Oregon Production Investment Fund;
source of moneys in fund; permissible uses of moneys.
(1) The Oregon Production Investment Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Oregon
Production Investment Fund shall be credited to the fund.
(2)
Moneys in the Oregon Production Investment Fund shall consist of:
(a)
Amounts donated to the fund;
(b)
Amounts appropriated or otherwise transferred to the fund by the Legislative
Assembly;
(c)
Other amounts deposited in the fund from any source; and
(d)
Interest earned by the fund.
(3)
Ninety-five percent of moneys in the fund are continuously appropriated to the
Oregon Business Development Department for the purposes of making:
(a)
Reimbursements to filmmakers under ORS 284.368;
(b)
Payments to a tax credit marketer for marketing services provided by the
marketer as described in ORS 284.369; and
(c)
Refunds described in ORS 315.514 (5).
(4)
Five percent of moneys in the fund are continuously appropriated to the
department for the purpose of making reimbursements to local filmmakers under
ORS 284.368 (3). Total reimbursements to local filmmakers may not exceed
$250,000 in a fiscal year.
(5)
Expenditures from the fund are not subject to ORS 291.232 to 291.260. [2003
c.736 §79; 2009 c.471 §2; 2011 c.730 §14]
Note: The amendments
to 284.367 by section 15, chapter 730, Oregon Laws 2011, apply to fiscal years
beginning after June 30, 2013. See section 18, chapter 730, Oregon Laws 2011.
The text that applies to fiscal years beginning after June 30, 2013, is set
forth for the user’s convenience.
284.367. (1)
The Oregon Production Investment Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Oregon
Production Investment Fund shall be credited to the fund.
(2)
Moneys in the Oregon Production Investment Fund shall consist of:
(a)
Amounts donated to the fund;
(b)
Amounts appropriated or otherwise transferred to the fund by the Legislative
Assembly;
(c)
Other amounts deposited in the fund from any source; and
(d)
Interest earned by the fund.
(3)
Ninety-five percent of moneys in the fund are continuously appropriated to the
Oregon Business Development Department for the purposes of making:
(a)
Reimbursements to filmmakers under ORS 284.368;
(b)
Payments to a tax credit marketer for marketing services provided by the
marketer as described in ORS 284.369; and
(c)
Refunds described in ORS 315.514 (5).
(4)
Five percent of moneys in the fund are continuously appropriated to the
department for the purpose of making reimbursements to local filmmakers under
ORS 284.368 (3).
(5)
Expenditures from the fund are not subject to ORS 291.232 to 291.260.
284.368 Reimbursement from fund; maximum
amounts allowable: verification of eligible expenses; rules.
(1) As used in this section:
(a)
“Actual Oregon expenses” means the costs paid in Oregon for principal
photography, production or postproduction in Oregon of a film, including but
not limited to the purchase or rental cost of equipment, food, lodging, real
property and permits and payments made for salaries, wages and benefits for
work in Oregon.
(b)
“Film” means a television movie or one or more episodes of a single television
series, or a movie produced for release to theaters, video or the Internet. “Film”
does not include the production of a commercial or one or more segments of a
newscast or sporting event.
(c)
“Filmmaker” means a person who owns a television or film production company.
(d)
“Local filmmaker” means a person who owns a television or film production
company that has its principal place of business in this state.
(e)
“Resident of this state” has the meaning given that term in ORS 316.027.
(2)(a)
The Oregon Business Development Department may reimburse a filmmaker for a
portion of the actual Oregon expenses incurred by the filmmaker.
(b)
Maximum reimbursement for a single film shall be the total of:
(A)
10 percent of payments made for employee salaries, wages and benefits for work
done in Oregon; and
(B)
20 percent of all other actual Oregon expenses.
(c)
To qualify for reimbursement under this subsection, total actual Oregon
expenses for the film must equal or exceed $750,000.
(3)(a)
The department may reimburse a local filmmaker for all or a portion of the
actual Oregon expenses incurred by the local filmmaker.
(b)
To qualify for reimbursement under this subsection:
(A)
Total actual Oregon expenses paid for the film must be at least $75,000 and
less than $750,000;
(B)
The local filmmaker must have spent 80 percent of the film’s payroll on
employees who are residents of this state; and
(C)
The local filmmaker must have employed or contracted with a public accountant
certified under ORS 673.040 for the provision of payroll services.
(4)
Reimbursement under this section shall be made from moneys credited to or
deposited in the Oregon Production Investment Fund during the biennium in which
the actual Oregon expenses were paid or any prior biennium. A reimbursement may
not be made to the extent funds are not available in the fund to make the
reimbursement.
(5)(a)
Total actual Oregon expenses supporting a claim for reimbursement under this
section must be verified by the Oregon Film and Video Office. The filmmaker
must submit to the office proof of the actual Oregon expenses. The proof must
include any documentation that may be required by the office in its discretion
to verify the actual Oregon expenses.
(b)
The office may charge the filmmaker for costs reasonably incurred to verify the
actual Oregon expenses, including but not limited to the cost for a review or
audit of the supporting documentation by an accountant or auditor. The office
may require the department to deduct the costs incurred by the office in
performing its review or audit from any reimbursement made to the filmmaker
under this section.
(c)
The office may adopt rules that establish a procedure for the submission and
verification of actual Oregon expenses. [2003 c.736 §80; 2007 c.815 §1; 2009
c.787 §§1,1b]
284.369 Marketing.
The Oregon Film and Video Office may hire or contract with a marketer to market
the tax credits described in ORS 315.514 to taxpayers. [2003 c.736 §81]
284.370 [1985
c.776 §6; 1987 c.168 §8; renumbered 285.713 in 1991]
284.375 Application of other laws.
(1) Except as otherwise provided by law, ORS 279.835 to 279.855 and ORS
chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to
the Oregon Film and Video Office.
(2)
Notwithstanding subsection (1) of this section, ORS 279A.100, 279A.250 to
279A.290, 282.210 to 282.230, 293.235, 293.240, 293.245, 293.260, 293.262,
293.611, 293.625 and 293.630 apply to the Oregon Film and Video Office. [1995
c.242 §7; 2003 c.794 §234]
Note:
Sections 1, 1a and 2, chapter 559, Oregon Laws 2005, provide:
Sec. 1. Labor rebate for qualifying film
production; requirements; certification of eligibility; rebate process; rules.
(1) As used in this section:
(a)
“Actual expenses” means the costs paid in Oregon for principal photography,
production or postproduction in Oregon of a qualifying film production,
including but not limited to the purchase or rental cost of equipment, food,
lodging, real property and permits and payments made for salaries, wages and
benefits for work in Oregon.
(b)
“Commercial” means a moving image production created to advertise a product or
service.
(c)
“Qualifying compensation” means wages paid by an employer to an employee for
services performed in Oregon in connection with a qualifying film production.
(d)(A)
“Qualifying film production” means a production that occurs primarily in Oregon
of:
(i)
One or more commercials;
(ii)
One or more episodes of a television show; or
(iii)
A movie to be released in theaters, on video, on television, over the Internet
or over any other distribution channel.
(B)
“Qualifying film production” does not include the production of one or more
segments of a newscast or sporting event.
(2)
The Oregon Film and Video Office shall pay a labor rebate to any person engaged
in a qualifying film production for qualifying compensation paid by the person,
if:
(a)
The person has been certified by the office as eligible for a labor rebate;
(b)
The person has made withholding payments under section 4 of this 2005 Act
[316.220]; and
(c)
The office has verified the actual expenses that support a claim for a labor
rebate under this section and those expenses exceed $1 million.
(3)
The amount of the labor rebate for a qualifying film production shall equal the
amount withheld under section 4 of this 2005 Act with respect to the qualifying
film production and deposited in the Greenlight Oregon Labor Rebate Fund
established in section 2 of this 2005 Act, less the expenses described in
subsection (5)(b) of this section.
(4)(a)
A person seeking a labor rebate under this section shall apply to the office
for certification.
(b)
The office shall certify a person intending to engage in a qualifying film
production as eligible for a labor rebate under this section if it is
reasonably likely that the person will incur actual expenses of at least $1
million that are related to a qualifying film production and:
(A)
If the qualifying film production consists of one or more episodes of a
television series, the actual expenses are associated with production that
comprises no more than a single season of episodes;
(B)
If the qualifying film production consists of one or more commercials, the
actual expenses are to be incurred within a single year; or
(C)
If the qualifying film production consists of a movie or other film production
not described in subparagraph (A) or (B) of this paragraph, the actual expenses
are associated with that movie or other film production.
(c)
If the office decides to certify an applicant, the office shall send a written
certificate to the applicant and a copy of the certificate to the Department of
Revenue.
(5)(a)
Upon completion of the qualifying film production for which a certificate was
issued under subsection (4) of this section, the office shall verify the actual
expenses supporting a claim for a labor rebate under this section. The
certificate holder shall submit to the office proof of the actual expenses paid
in Oregon to produce the qualifying film production. The proof must include any
documentation that may be required by the office in its discretion to verify
the actual expenses.
(b)
The office may deduct from the amount of the labor rebate costs reasonably
incurred to verify the actual expenses, including but not limited to the cost
for a review or audit of the supporting documentation by an accountant or
auditor.
(c)
The office may adopt rules that establish procedures for the submission of
proof of and verification of actual expenses and the payment of rebates.
(6)(a)
Following verification of actual expenses by the office, the office shall pay a
labor rebate to the certificate holder in the amount determined under
subsection (3) of this section.
(b)
If the office is unable to verify that actual expenses of the certificate
holder are at least $1 million for the qualifying film production for which the
certificate was issued, the office may not pay a labor rebate to the
certificate holder. Moneys in the Greenlight Oregon Labor Rebate Fund that are
attributable to withholding paid by a certificate holder for whom the office is
unable to verify sufficient actual expenses may be used for the purposes of the
office. [2005 c.559 §1]
Sec. 2. Greenlight Oregon Labor Rebate
Fund; permissible use of moneys; transfer of moneys.
(1) The Greenlight Oregon Labor Rebate Fund is established in the State
Treasury, separate and distinct from the General Fund. Interest earned by the
Greenlight Oregon Labor Rebate Fund shall be credited to the Greenlight Oregon
Labor Rebate Fund.
(2)
All moneys in the Greenlight Oregon Labor Rebate Fund are continuously
appropriated to the Oregon Business Development Department for the purposes of
transferring amounts requested under subsection (3) of this section to the
Oregon Film and Video Office.
(3)
Following verification by the Oregon Film and Video Office of actual expenses
of a qualifying film production certificate holder under section 1 of this 2005
Act and a request for a transfer of funds by the office, the department shall
transfer amounts sufficient to pay the labor rebate described in section 1
(6)(a) of this 2005 Act and the costs of the office described in section 1 (5)(b)
of this 2005 Act. [2005 c.559 §2]
Sec. 1a. The Oregon Film and Video
Office may not issue a qualifying film production labor rebate certificate
under section 1, chapter 559, Oregon Laws 2005, on or after January 1, 2018.
[2005 c.559 §1a; 2011 c.730 §16]
284.380 [1985
c.776 §7; 1987 c.757 §5; renumbered 285.715 in 1991]
284.390 [1985
c.776 §§8,9; 1987 c.757 §6; renumbered 285.717 in 1991]
284.400 [1985
c.776 §14; 1987 c.757 §7; renumbered 285.720 in 1991]
284.410 [1985
c.776 §12; 1987 c.757 §8; renumbered 285.723 in 1991]
284.415 [1987
c.757 §18; renumbered 285.725 in 1991]
284.420 [1985
c.776 §10; 1987 c.757 §9; renumbered 285.727 in 1991]
284.425 [1987
c.757 §18a; renumbered 285.730 in 1991]
284.428 [1987
c.757 §19; repealed by 1991 c.902 §121]
284.430 [1985
c.776 §22; 1987 c.506 §26; renumbered 461.710 in 1987]
284.440 [1985
c.776 §3; 1987 c.757 §§10,22; 1989 c.966 §18; 1991 c.687 §2; renumbered 285.733
in 1991]
284.445 [1987
c.757 §20; renumbered 285.735 in 1991]
284.450 [1985
c.776 §11; repealed by 1987 c.757 §16]
284.455 [1987
c.757 §23; 1991 c.944 §2; renumbered 285.737 in 1991]
284.460 [1985
c.776 §13; repealed by 1987 c.757 §16]
284.470 [1985
c.776 §15; repealed by 1987 c.757 §16]
284.480 [1985
c.776 §16; repealed by 1987 c.757 §16]
284.490 [1985
c.776 §17; 1987 c.757 §11; 1991 c.687 §3; 1991 c.944 §3; renumbered 285.740 in
1991]
284.500 [1985
c.776 §18; 1987 c.757 §12; renumbered 285.743 in 1991]
284.510 [1985
c.776 §19; 1987 c.757 §13; renumbered 285.745 in 1991]
284.520 [1985
c.776 §20; 1987 c.757 §14; renumbered 285.747 in 1991]
284.530 [1985
c.776 §21; 1987 c.757 §15; renumbered 285.750 in 1991]
284.535 [1989
c.909 §48; renumbered 285.753 in 1991]
GOVERNOR’S COUNCIL ON OREGON’S ECONOMY
284.540 Governor’s Council on Oregon’s Economy;
membership; purpose. (1) There is established the
Governor’s Council on Oregon’s Economy.
(2)
The members of the council are:
(a)
The presiding officer of the Oregon Business Development Commission;
(b)
The chairperson of the Oregon Transportation Commission;
(c)
The chairperson of the State Board of Agriculture;
(d)
The president of the State Board of Higher Education; and
(e)
Other persons designated by the Governor.
(3)
The council shall meet quarterly to:
(a)
Discuss and coordinate the activities of each entity described in subsection
(2) of this section that relate to economic development and improving the
economy in Oregon; and
(b)
Discuss and recommend to the Legislative Assembly methods for creating certainty
for the development process. [2003 c.800 §3; 2005 c.748 §24; 2007 c.804 §84]
284.545 Legislative findings.
The Legislative Assembly finds that:
(1)
There is a need for a statewide inventory of sites that are planned and zoned
for industrial or traded sector uses and are ready for development;
(2)
There is a need to improve coordination among local, regional and state
agencies with respect to economic development programs, planning and policy;
and
(3)
There is a need for additional methodologies and guidance to assist local
governments in economic development planning. [2003 c.800 §10]
284.550 Definition of “traded sector.”
As used in ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800,
Oregon Laws 2003, unless the context requires otherwise, “traded sector” has
the meaning given that term in ORS 285A.010. [2003 c.800 §11]
284.555 Economic Revitalization Team;
regulatory efficiency group; membership; purpose; reports.
(1) The Governor shall establish the Economic Revitalization Team in the office
of the Governor for the purpose of coordinating and streamlining state
policies, programs and procedures and providing coordinated state agency
assistance to local governments.
(2)
The team shall establish a regulatory efficiency group to assist the team
consisting of the directors of the following state agencies:
(a)
The Department of Environmental Quality;
(b)
The Oregon Business Development Department;
(c)
The Department of Transportation;
(d)
The Department of State Lands;
(e)
The Department of Land Conservation and Development;
(f)
The State Department of Agriculture;
(g)
The Housing and Community Services Department; and
(h)
Other appropriate agencies as determined by the Governor.
(3)
Subject to the direction of the Governor, the team shall:
(a)
Develop mechanisms to increase coordination among agencies on common
activities;
(b)
Coordinate the activities of state agencies on specific state and local
projects;
(c)
Coordinate the planning and permitting activities of state agencies for the
sites identified for industrial or traded sector development under section 12,
chapter 800, Oregon Laws 2003;
(d)
Coordinate activities of the regulatory efficiency group agencies with local
governments;
(e)
Coordinate the grant and loan activities of state agencies to implement section
12, chapter 800, Oregon Laws 2003;
(f)
Participate in the rulemaking activities of regulatory efficiency group
agencies to coordinate economic development activities;
(g)
Prepare a report for the Seventy-second Legislative Assembly on the sites
identified for industrial or traded sector development under section 12,
chapter 800, Oregon Laws 2003, including a description of each site and the
economic benefit expected from site development. If fewer than 25 sites are
identified, the report must include an analysis of why the target set forth in
section 12, chapter 800, Oregon Laws 2003, was not achieved;
(h)
Prepare a report for the Seventy-second Legislative Assembly with specific
recommendations regarding the future of the team; and
(i)
Undertake other activities as directed by the Governor.
(4)
The team shall establish an advisory committee of individuals familiar with
agency permit procedures to advise the Governor and the regulatory efficiency
group agencies on permit issues related to economic development.
(5)
The team shall submit a report detailing its activities to the Legislative
Assembly in the manner described in ORS 192.245 not later than January 31 of
each odd-numbered year. The report must include:
(a)
Case studies that demonstrate the types of problems encountered in coordinating
agency functions;
(b)
Case studies that demonstrate statutory impediments to efficient economic
development; and
(c)
Recommendations for legislative measures to improve agency operations and
statewide economic development.
(6)
The team or a state agency working with the team to implement ORS 284.545 to
284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, or a state
agency implementing ORS 284.570 to 284.585 may:
(a)
Accept and expend funds received from gifts, grants or other sources as
necessary to perform activities authorized under ORS 284.545 to 284.565 and
sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, or ORS 284.570 to
284.585.
(b)
Enter into contracts and other agreements as necessary to perform activities
authorized under ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter
800, Oregon Laws 2003, or ORS 284.570 to 284.585. [2003 c.800 §13]
284.560 Duties of Economic Revitalization
Team. The Economic Revitalization Team
established pursuant to ORS 284.555, acting through the regulatory efficiency
group agencies, shall:
(1)
Give priority to expediting permits or other actions necessary for development
projects proposed for a site identified for industrial or traded sector
development under section 12, chapter 800, Oregon Laws 2003; and
(2)
Take actions that are necessary to facilitate the implementation of the state
economic development strategy developed under ORS 284.570. [2003 c.800 §14]
284.565 Development of process for
certifying sites ready for industrial or traded sector development.
The Oregon Business Development Department, in coordination with the Economic
Revitalization Team established pursuant to ORS 284.555, shall develop and
administer a process for certifying sites throughout the state that are ready
for industrial or traded sector development. [2003 c.800 §21]
284.570 Development of state economic
development strategy; advisory committee; rules; focus of strategy.
(1) The Governor shall direct the Oregon Business Development Commission, in
consultation with the Economic Revitalization Team established pursuant to ORS
284.555 and other state agencies as appropriate, to appoint an advisory
committee composed of representatives of local governments, ports, local
economic development organizations and private industry and other individuals
familiar with economic development strategies to assist the commission in
developing a state economic development strategy. The commission shall, by
administrative rule, adopt and periodically update the strategy. The strategy
must focus on:
(a)
Creating, expanding and retaining Oregon businesses;
(b)
Assisting in the development and growth of competitive industrial sectors;
(c)
Creating jobs by attracting new businesses to Oregon;
(d)
Providing economic development tools and resources to Oregon communities;
(e)
Assisting local communities and regions in developing and maintaining economic
development plans that are coordinated with the state economic development
strategy;
(f)
Providing an adequate supply of industrial, commercial and retail sites
available for immediate development inside urban growth boundaries;
(g)
Providing public infrastructure in a timely manner;
(h)
Resolving constraints on and removing barriers to the timely development of
industrial and traded sector sites; and
(i)
Developing recommendations for prioritizing state loans, grants and technical
assistance to local governments that meet the objectives of the state economic
development strategy.
(2)
The commission shall present the state economic development strategy to the
Governor and the Seventy-second Legislative Assembly not later than June 30,
2004, including a report on actions taken to implement the strategy. [2003
c.800 §25]
284.575 Duties of Department of
Transportation related to state economic development strategy.
In furtherance of the state economic development strategy developed under ORS
284.570, the Department of Transportation shall:
(1)
Develop a process to prioritize funding for transportation projects that
further the state economic development strategy.
(2)
Develop and maintain state transportation policies and a comprehensive
long-range plan for a safe, multimodal transportation system that encourages
economic efficiency and orderly economic development and that maximizes the use
of existing transportation infrastructure.
(3)
Take actions that are necessary to ensure that department policies and
activities are implemented in a manner that supports the state economic
development strategy.
(4)
Expedite the processing of permits issued by the department for transportation
projects that further the state economic development strategy. [2003 c.800 §27]
284.577 State and local cooperation to
provide industrial, commercial and retail development sites; implementation of
state economic development strategy; rules. In
furtherance of the state economic development strategy developed under ORS
284.570, the Land Conservation and Development Commission shall:
(1)
Provide local governments with basic and advanced methods for identifying,
analyzing and providing for industrial, commercial and retail development
sites.
(2)
Develop and provide guidebooks and other appropriate materials to assist local
governments in identifying and analyzing potential industrial, commercial and
retail development sites.
(3)
Provide local governments with technical assistance to assist in completing the
identification and analysis and in amending comprehensive plans and land use
regulations based on the identification and analysis.
(4)
Provide grants to local governments in a manner that furthers the
implementation of the state economic development strategy.
(5)
Adopt, amend or repeal administrative rules and procedures as necessary to
ensure that the following actions can be accomplished in a timely manner:
(a)
Expansion of urban growth boundaries where necessary to accommodate industrial
or traded sector development;
(b)
Review of amendments to comprehensive plans and land use regulations and
periodic review of comprehensive plans and land use regulations; and
(c)
Focus the resources of the Department of Land Conservation and Development on
issues related to land supply within urban growth boundaries and transportation
and public facilities necessary to stimulate economic growth. [2003 c.800 §26]
284.580 Role of local governments in
implementation of state economic development strategy.
Local governments, as defined in ORS 174.116, shall participate in the
implementation of the state economic development strategy developed under ORS
284.570 by demonstrating a willingness to:
(1)
Coordinate local economic development plans with the state economic development
strategy; and
(2)
Expedite amendments to comprehensive plans and land use regulations. [2003
c.800 §29]
284.585 Assistance to local governments;
site assessment methodology. In
furtherance of the state economic development strategy developed under ORS
284.570, the Department of State Lands shall:
(1)
Consistent with ORS 196.674, focus wetlands inventories on areas described in
the state economic development strategy. The department may provide grants and
technical assistance to local governments to conduct the inventories.
(2)
Develop a site assessment methodology for rapidly determining the capacity of a
site for economic development. The methodology shall address site-specific
impediments to development and any costs associated with compliance with ORS
196.800 to 196.900. [2003 c.800 §28]
OREGON PROGRESS BOARD
284.600 Policy; legislative findings and
statement of purpose. The Legislative Assembly finds
that:
(1)
The Oregon of the future can provide unparalleled economic opportunities while
maintaining Oregon’s traditional values if this state pursues its future with
clarity of purpose and perseverance.
(2)
Oregon is in the midst of massive economic, social and environmental
transitions created by technological changes, global competition and changing
population demographics. In order to expand economic opportunities while
maintaining Oregon’s unique quality of life in the face of change, Oregonians
must have a vision for their preferred future that spans economic, social and
environmental concerns.
(3)
An independent Oregon Progress Board is needed to:
(a)
Encourage the discussion and understanding among all Oregonians of critical
global and national economic, social and environmental trends that will affect
Oregon in the coming decades;
(b)
Formulate and submit to Oregonians a strategy that describes and explains a
vision for Oregon’s economic, social and environmental progress for 20 years
into the future; and
(c)
Submit to the Legislative Assembly, for its adoption, goals for Oregon’s
progress, including measurable indicators of the achievement of those goals. [Formerly
285A.150]
284.604 Oregon Progress Board; members;
terms; compensation. (1) There is established an
Oregon Progress Board consisting of the following members:
(a)
The Governor;
(b)
Nine members appointed by the Governor;
(c)
One Senator appointed by the President of the Senate; and
(d)
One Representative appointed by the Speaker of the House of Representatives.
(2)(a)
The term of office of each member appointed by the Governor is four years.
Before the expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 31 next following. A member is eligible
for reappointment.
(b)
Each legislative member serves at the pleasure of the appointing authority and
may serve as long as the member remains in the chamber of the Legislative
Assembly from which the member was appointed.
(3)(a)
A member of the Oregon Progress Board appointed by the Governor shall be
entitled to compensation and expenses as provided in ORS 292.495.
(b)
Members of the Legislative Assembly appointed to the Oregon Progress Board
shall be entitled to an allowance as authorized in ORS 171.072 from funds
appropriated to the Legislative Assembly.
(4)
Of the members appointed by the Governor to the board, five shall be selected
who are residents of different congressional districts in this state.
(5)
Members appointed by the Governor to the Oregon Progress Board shall be
appointed so as to be representative of the ethnic, cultural, social and
economic diversity of the people of this state.
(6)
Members appointed by the legislative appointing authority shall serve as the
official liaisons to their respective chambers for the purposes described in
ORS 284.622 and 284.628. [Formerly 285A.153]
284.608 Additional nonvoting members of
board; advisory functions; payment of expenses.
(1) In addition to the members listed in ORS 284.604, the Oregon Progress Board
shall have as members:
(a)
The Director of the Oregon Department of Administrative Services, who shall
serve as a member ex officio; and
(b)
A student selected by the Governor.
(2)
The student member of the board shall serve for as long as the member remains a
student or at the pleasure of the Governor.
(3)
The director and the student member may not vote on matters before the board
and may not bind the board with respect to decisions relating to matters
described in ORS 284.615, 284.618 and 284.622. The director and the student
member shall advise the board concerning the goals, missions and functions of
the board.
(4)
ORS 284.604 does not apply to the members of the board serving under this
section. However, the director and the student member may receive actual and
necessary expenses actually incurred in the performance of their duties as
board members as provided in ORS 292.495 (2). [Formerly 285A.156]
284.610 [1985
c.814 §3; 1987 c.837 §3; 1991 c.488 §1; 1993 c.210 §1; 1999 c.274 §3; repealed
by 2001 c.922 §35]
284.612 Officers; quorum; meetings.
(1) The Governor shall serve as chair of the Oregon Progress Board and may
appoint an executive officer for the board for a term and with such duties and
powers as the board determines to be necessary or appropriate.
(2)
A majority of the voting members of the board constitutes a quorum for the
transaction of business.
(3)
The board shall meet as the board determines necessary at times and places
specified by call of the chair or a majority of the members of the board. [Formerly
285A.159; 2009 c.885 §20]
284.615 Strategy for Oregon’s future;
participation of public in development of strategy; adoption of strategy;
periodic revision. (1) The Oregon Progress Board
shall develop a strategy for Oregon that addresses the economic, social,
cultural, environmental and other needs and aspirations of the people of
Oregon.
(2)
The strategy developed by the Oregon Progress Board shall address issues that
the board determines are necessary and appropriate to Oregon’s future. Such
issues shall include:
(a)
Education and workforce.
(b)
Public and private cooperation.
(c)
Environmental quality.
(d)
Infrastructure.
(e)
Funding and taxation.
(f)
Social well-being.
(g)
Such other issues as the board, by majority vote, shall add to the strategy.
(3)
When developing the strategy, the Oregon Progress Board shall hold public hearings,
public meetings and workshops as needed to ensure the participation of a broad
cross section of Oregon’s population. The board shall publicize the public
hearings, public meetings and workshops in each city in which they are held and
shall allow interested residents and other individuals to appear and be heard
by the board.
(4)
After considering any written comments and public testimony relating to the
proposed strategy, the board shall revise the strategy as it considers
necessary or appropriate. The board, by a vote of a majority of its members,
shall approve and adopt a final strategy. The board shall submit, in addition
to its adopted strategy, a summary and digest of comments and public testimony
and its response, if any, to those comments. The adopted strategy shall be
submitted to the Seventy-third Legislative Assembly not later than March 15,
2005, and every eight years thereafter. [Formerly 285A.162]
284.618 Board recommendation of statutory
and policy changes; local assistance. As a part of the
strategy adopted under ORS 284.615, the Oregon Progress Board shall also
recommend statutory or other policy changes, including modifications in public
fiscal policies and other implementing actions to be carried out by state and
local governments, businesses, private citizens and other organizations. Board
staff shall assist local communities, wherever possible, in developing plans
and measures of success to achieve the goals established under ORS 284.615. [Formerly
285A.165]
284.620 [1985
c.814 §1; 1991 c.488 §2; 1993 c.210 §2; repealed by 1999 c.274 §22]
284.622 Goals to measure progress; review
and adoption; revision. (1) The Oregon Progress Board
shall, in its adopted strategy, include a series of goals for Oregon’s progress
for 20 years into the future.
(2)
Goals shall include such measurable indicators of success (Oregon benchmarks),
as the board shall determine, that show the extent to which each goal is being
achieved.
(3)
Goals shall be reviewed by the Legislative Assembly, which may, by joint
resolution, adopt, modify, delete or add to the goals. Any goals adopted by the
Legislative Assembly shall become the goals used by the board in its subsequent
activities.
(4)
After the legislative review and adoption of goals, the board may recommend
such modifications to the goals as it considers appropriate. [Formerly
285A.168]
Note:
Section 1, chapter 611, Oregon Laws 2011, provides:
Sec. 1. (1)
The Oregon Department of Administrative Services may consult with the Oregon
Progress Board regarding:
(a)
A plan to integrate the Oregon benchmarks established in ORS 284.622 with the
legislative budgeting and policymaking process, for review by the Legislative
Assembly;
(b)
A plan to merge or align the purpose, duties and powers of the board with the
purpose, duties and powers of the Committee on Performance Excellence
established in ORS 182.562, the Transparency Oregon Advisory Commission created
in ORS 184.486 and other boards, commissions, departments or agencies of the
state government; and
(c)
Agencies or nongovernmental entities with which the board may enter into
agreements under ORS 284.633.
(2)
The department shall submit a report of the conclusions and recommendations
made pursuant to subsection (1) of this section to the interim committees of
the Legislative Assembly with subject matter jurisdiction over the Oregon
Progress Board and Oregon benchmarks on or before July 2, 2012. [2011 c.611 §1]
284.625 Evaluation of sustainability
goals; biennial report; contents. The Oregon
Progress Board shall evaluate the goals specified in ORS 184.423 and other
potential measures, including benchmarks, for effectiveness in measuring
progress toward sustainability. The board may consult with the Oregon
Department of Administrative Services and other agencies as appropriate to
complete the evaluation. The Oregon Progress Board shall include the findings
of the evaluation conducted under this section in its report specified by ORS
284.628. [Formerly 285A.170]
284.628 Biennial report; contents.
The Oregon Progress Board shall prepare, at least once each biennium, a report
that describes Oregon’s progress toward achievement of the board’s strategy,
based on the Oregon benchmarks the board adopts for measuring the attainment of
strategic goals. The board shall review the Oregon benchmarks each biennium and
make any modification necessary to improve the accuracy or comprehensiveness of
the measures. The report shall include an analysis of issues and trends of
strategic significance and shall propose key steps that Oregon should take over
the following two years to build for Oregon’s future. The board shall submit
the report to the Legislative Assembly for review. [Formerly 285A.174]
284.630 [1985
c.814 §4; 1987 c.94 §101; 1987 c.837 §10; 1987 c.879 §12; 1993 c.210 §3; 1997
c.802 §15; 1999 c.274 §4; repealed by 2001 c.922 §35]
284.631 Contributions; Oregon Progress
Board Fund. (1) The Oregon Progress Board 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 board.
(2)
There is established in the State Treasury, separate and distinct from the
General Fund, the Oregon Progress Board Fund. The fund consists of moneys
received by the board 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 board and may be
used only for the performance of the functions of the board. [2009 c.885 §18]
284.633 Agreements for personnel and
expenses. (1) The Oregon Progress Board may enter
into an agreement with:
(a)
Any state agency for the provision of clerical, technical and management
personnel to the board to serve as the board’s staff and for the provision of
other administrative, operational or overhead expenses necessary to accomplish
the public purposes of the board.
(b)
A nongovernmental entity for the provision of administrative, operational or
overhead expenses necessary to accomplish the public purposes of the board.
(2)
As used in this section:
(a)
“Public institution of higher education” means a community college or a public
university listed in ORS 352.002.
(b)
“State agency” means any officer, board, commission, department, division or
institution in the executive or administrative branch of state government or a
public institution of higher education. [2009 c.885 §19; 2011 c.637 §91]
284.635 Agreement with other state agency;
duties; Governor to resolve disputes. (1) If the
Oregon Progress Board enters into an agreement with a state agency other than
the Oregon Department of Administrative Services under ORS 284.633, the
Director of the Oregon Department of Administrative Services shall:
(a)
Deliver to the state agency all records and property within the jurisdiction of
the director that relate to the duties, functions and powers of the board; and
(b)
Transfer to the state agency those employees engaged primarily in the exercise
of the duties, functions and powers of the board.
(2)
The state agency shall take possession of the records and property, and shall
take charge of the employees and employ them in the exercise of the duties,
functions and powers of the board, without reduction of compensation but
subject to change or termination of employment or compensation as provided by
law.
(3)
The Governor shall resolve any dispute between the department and the state
agency relating to transfers of records, property and employees under this
section, and the Governor’s decision is final. [2009 c.885 §21]
284.640 [1985
c.814 §2; 1987 c.837 §4; 1991 c.488 §3; 1993 c.210 §4; 1999 c.274 §5; repealed
by 2001 c.922 §35]
284.650 [1985
c.814 §6; 1987 c.837 §5; 1989 c.908 §61; 1993 c.210 §§5,6; 1999 c.274 §6;
repealed by 2001 c.922 §35]
284.655 [1999
c.274 §2; repealed by 2001 c.922 §35]
284.660 [1985
c.814 §6a; 1993 c.210 §8; repealed by 1999 c.274 §22]
284.665 [1999
c.274 §9; repealed by 2001 c.922 §35]
284.670 [1985
c.814 §5; 1987 c.837 §6; 1989 c.908 §62; 1993 c.210 §§9,10; repealed by 1999
c.274 §22]
284.675 [1999
c.274 §10; repealed by 2001 c.922 §35]
284.680 [1985
c.814 §8; 1987 c.837 §7; 1989 c.259 §1; 1991 c.488 §4; 1993 c.210 §12; repealed
by 1999 c.274 §22]
284.690 [1985
c.814 §9; 1987 c.837 §8; 1991 c.488 §5; 1993 c.210 §13; repealed by 1999 c.274 §22]
284.695 [1989
c.1090 §4; 1993 c.210 §14; repealed by 1999 c.274 §22]
284.700 [1985
c.814 §10; 1991 c.488 §6; 1993 c.210 §15; repealed by 1999 c.274 §22]
OREGON INNOVATION COUNCIL
284.701 Definitions for ORS 284.701 to
284.749. As used in ORS 284.701 to 284.749:
(1)
“Clean energy” means a technology, product, process or innovation that involves
conservation of natural resources, solar energy, green building products and
services, biofuels, biomass energy, bio-based products or other renewable and
sustainable energy.
(2)
“Innovation-based economic development” includes, but is not limited to, a
technology, product, process or innovation that:
(a)
Derives from and supports innovation and research;
(b)
Promotes Oregon’s market capacities and competitive advantages;
(c)
Involves technology-based innovation;
(d)
Facilitates the creation of new products, processes and services that retain
and create high-wage jobs;
(e)
Involves the establishment of partnerships between and collaboration with
research institutions, the private sector and public entities;
(f)
Endeavors to transfer innovative technologies to the private sector or to
commercialize innovative research and development; and
(g)
Includes, but is not limited to, clean energy and clean energy economic
development.
(3)
“Oregon growth business” means:
(a)
An individual, group of individuals or private sector business entity,
including but not limited to a partnership, limited liability company,
corporation, firm, association or other business entity, that engages in
business that furthers innovation-based economic development, that has the
capacity upon obtaining appropriate capital to generate significant high-skill,
high-wage employment in Oregon and that conducts business in Oregon; or
(b)
An emerging growth business as defined in ORS 348.701.
(4)
“Public entity” means any agency of the federal or state government, county,
city, town, public corporation or political subdivision in this state.
(5)
“Research institution” means:
(a)
A community college as defined in ORS 341.005;
(b)
A public university listed in ORS 352.002;
(c)
The Oregon Health and Science University public corporation created under ORS
353.020;
(d)
An Oregon-based, generally accredited, not-for-profit private institution of
higher education;
(e)
A federal research laboratory conducting research in Oregon;
(f)
A private not-for-profit research institution located in Oregon;
(g)
An institution for higher education as defined in ORS 289.005; or
(h)
A private institution of higher education located in Oregon.
(6)
“Traded sector” has the meaning given that term in ORS 285A.010. [2005 c.748 §1;
2011 c.610 §1; 2011 c.637 §92]
284.705 [1987
c.837 §§2,12; 1991 c.488 §7; 1993 c.210 §16; 1999 c.274 §7; repealed by 2001
c.922 §35]
284.706 Oregon Innovation Council;
members; rules; compensation and expenses. (1)
There is created the Oregon Innovation Council consisting of the following
voting members:
(a)
The Governor or the Governor’s designated representative, who shall be
chairperson of the council.
(b)
Five members appointed by the Governor who are engaged in the operations of
Oregon traded sector industries or Oregon growth businesses.
(c)
One member appointed by the Governor who is a representative of an
Oregon-based, generally accredited, not-for-profit private institution of
higher education.
(d)
A member of the Oregon Growth Account Board, appointed by the board, who has
experience in the field of venture capital.
(e)
A member of the Engineering and Technology Industry Council, appointed by the
Engineering and Technology Industry Council.
(f)
The Director of the Oregon Business Development Department.
(g)
The Chancellor of the Oregon University System.
(h)
The Commissioner for Community College Services.
(i)
The State Treasurer.
(2)(a)
The Speaker of the House of Representatives shall appoint two members to the
council who are members of the House of Representatives.
(b)
The President of the Senate shall appoint two members to the council who are
members of the Senate.
(c)
Members of the Legislative Assembly appointed to the council are nonvoting
members and may act in an advisory capacity only.
(3)
The following persons, or their representatives, shall serve as ex officio,
nonvoting members of the council:
(a)
The presiding officer of the Oregon Business Development Commission.
(b)
The president of the State Board of Higher Education.
(c)
The chairperson of the State Board of Education.
(d)
An executive officer of an association representing Oregon-based, generally
accredited, not-for-profit private institutions of higher education, appointed
by the Governor.
(4)
The term of office of each appointed voting member of the council is three
years, but an appointed member serves at the pleasure of the appointing
authority. Before the expiration of the term of an appointed voting member, the
appointing authority shall appoint a successor whose term begins on July 1 next
following. An appointed 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 remainder of the unexpired term.
(5)
A majority of the voting members of the council constitutes a quorum for the
transaction of business.
(6)
Official action by the council requires the approval of a majority of the
voting members of the council.
(7)
The council shall meet at least twice per fiscal year at a place, day and time
determined by the chairperson. The council may also meet at other times and
places specified by a call of the chairperson or by written request of a
majority of the voting members of the council.
(8)
The council may adopt rules necessary for the operation of the council.
(9)
The council may establish committees and delegate to the committees duties as
the council considers desirable.
(10)
The Oregon Business Development Department shall provide staff support to the
council.
(11)
Members of the council who are members of the Legislative Assembly are entitled
to compensation and expense reimbursement as provided in ORS 171.072.
(12)
Members of the council who are not members of the Legislative Assembly are
entitled to compensation and expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in ORS 292.495.
Claims for compensation and expenses of members of the council who are public
officers shall be paid out of funds appropriated to the public agency that
employs the member. Claims for compensation and expenses of members of the
council who are not public officers shall be paid out of funds appropriated to
the Oregon Business Development Department for that purpose.
(13)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the council 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 council consider necessary to perform their
duties. [2005 c.748 §2; 2007 c.804 §85; 2011 c.272 §13; 2011 c.610 §2]
284.710 [1985
c.814 §11; 1991 c.488 §8; 1993 c.210 §17; repealed by 1999 c.274 §22]
284.711 Duties; grants or loans;
contracts; fees. (1) The Oregon Innovation
Council shall provide advice to the Governor, the Legislative Assembly,
research institutions, public agencies that provide economic development and
the private sector on issues related to:
(a)
Promoting agreements between research institutions and private industry that
increase technology transfer and the commercialization of research;
(b)
Promoting investment in specialized research facilities and signature research
centers where Oregon has a distinct or emerging advantage for creating new
products and businesses;
(c)
Stimulating seed and start-up capital investment and entrepreneurial capacity
that will promote economic growth in Oregon traded sector industries or Oregon
growth businesses;
(d)
Developing the entrepreneurial and management capacity critical to the
competitiveness of Oregon traded sector industries or Oregon growth businesses
in rapidly growing global markets;
(e)
Enhancing the international competitiveness of Oregon traded sector industries
or Oregon growth businesses; and
(f)
Identifying workforce issues for occupations critical to the competitiveness of
Oregon traded sector industries or Oregon growth businesses, including but not
limited to scientific, engineering, information technology, business management
and innovation-based economic development occupations.
(2)
The Oregon Innovation Council shall advise the Engineering and Technology
Industry Council established in ORS 351.663 on how to coordinate the
Engineering and Technology Industry Council’s goals and policies with the state
plan developed under ORS 284.715.
(3)
The council, the Oregon Business Development Commission, the State Board of
Higher Education and the office of the State Treasurer shall coordinate
policies and programs related to the duties of the council.
(4)
Based on the state plan developed under ORS 284.715 and subject to the approval
of the Oregon Business Development Department, the council may distribute
moneys in the Oregon Innovation Fund by grant or loan or pursuant to contracts
with research institutions, the private sector and public entities.
(5)
The council may assess and charge fees for making grants or loans under ORS
284.742. [2005 c.748 §4; 2011 c.610 §3]
284.715 State plan for innovation and
economic competitiveness. (1) The Oregon Innovation
Council shall develop a state plan for innovation and economic competitiveness.
The plan shall include policy and program recommendations to:
(a)
Identify and expand the state’s industry and core research strengths related to
Oregon traded sector industries or Oregon growth businesses;
(b)
Promote agreements between research institutions and private industry that
increase technology transfer and the commercialization of research;
(c)
Promote investment in specialized research facilities and signature research
centers where Oregon has a distinct or emerging advantage for innovation-based
economic development; and
(d)
Stimulate seed and start-up capital investment and entrepreneurial capacity
that will promote innovation-based economic development in Oregon traded sector
industries or Oregon growth businesses.
(2)
The state plan shall also include an identification of workforce issues and
trends related to the development of workers in traded sector industries or
Oregon growth businesses and make recommendations to the State Workforce
Investment Board and the State Board of Education on training and education
enhancements based on the identified workforce issues and trends.
(3)
The council shall update the plan every biennium.
(4)
Each year, the council shall report to the Governor and the Legislative
Assembly about the plan. [2005 c.748 §5; 2011 c.610 §4]
284.720 Oregon Innovation Fund.
(1) There is created within the State Treasury, separate and distinct from the
General Fund, the Oregon Innovation Fund. Interest earned by the Oregon
Innovation Fund shall be credited to the fund.
(2)
Moneys in the Oregon Innovation Fund shall consist of:
(a)
Amounts donated to the fund;
(b)
Amounts appropriated or otherwise transferred to the fund by the Legislative
Assembly;
(c)
Investment earnings received on moneys in the fund; and
(d)
Other amounts deposited in the fund from any source.
(3)
Moneys in the fund are continuously appropriated to the Oregon Innovation
Council for the purposes of making grants and loans under ORS 284.742 and
entering into contracts to carry out the recommendations included in the state
plan developed under ORS 284.715.
(4)
The council may establish accounts and subaccounts within the fund when the
council determines that accounts or subaccounts are necessary or desirable and
may credit any interest or income derived from moneys in the fund to any
account or subaccount in the fund.
(5)
The council may use moneys in the fund to pay the administrative costs
associated with the fund and with making grants, loans and other distributions
of moneys from the fund. [2005 c.748 §7; 2011 c.610 §5]
284.725 Oregon Commercialized Research
Fund. (1) There is created within the State
Treasury, separate and distinct from the General Fund, the Oregon
Commercialized Research Fund. Interest earned by the Oregon Commercialized
Research Fund shall be credited to the fund.
(2)
Moneys in the fund are continuously appropriated to the Oregon Innovation
Council for the purpose of making grants and loans under ORS 284.735.
(3)
The council may accept moneys from any source for deposit in the fund.
(4)
The council may use moneys in the fund to pay the administrative costs
associated with the fund and with making grants, loans and other distributions
of moneys from the fund. [2005 c.748 §8; 2009 c.805 §4; 2011 c.610 §6]
284.730 Oregon Commercialized Research
Fund Advisory Council; duties. (1) There is
created the Oregon Commercialized Research Fund Advisory Council consisting of nine
members appointed by the Oregon Innovation Council. The members shall represent
private equity investment firms, Oregon traded sector industries and research
institutions.
(2)
The advisory council shall:
(a)
Advise the Oregon Innovation Council about investment criteria for the Oregon
Commercialized Research Fund;
(b)
Recommend projects to the Oregon Innovation Council that may be eligible for
grants or loans from the fund;
(c)
Review the performance of projects that are funded by grants or loans from the
fund; and
(d)
Review the performance of the fund.
(3)
A majority of the members of the advisory council constitutes a quorum for the
transaction of business.
(4)
Official action by the advisory council requires the approval of a majority of
the members of the advisory council.
(5)
The advisory council shall elect one of its members to serve as chairperson.
(6)
If there is a vacancy for any cause, the Oregon Innovation Council shall make
an appointment to become immediately effective.
(7)
The advisory council shall meet at times and places specified by the call of
the chairperson or of a majority of the members of the advisory council.
(8)
The Oregon Innovation Council shall provide staff support to the advisory
council.
(9)
Members of the advisory council are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses incurred by them
in the performance of their official duties in the manner and amounts provided
for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated
to the Oregon Innovation Council for that purpose.
(10)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the advisory council 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 advisory council consider necessary to perform
their duties. [2005 c.748 §10]
284.735 Grants and loans to growth
businesses; rules. (1) The Oregon Innovation
Council may make grants and loans from the Oregon Commercialized Research Fund
to Oregon growth businesses.
(2)
To qualify for a grant or loan under this section, an Oregon growth business
must enter into an agreement with one or more research institutions to carry
out proof of concept activities to:
(a)
Establish the commercial potential of research; and
(b)
Develop a business concept that can attract early stage private investment,
including angel capital and venture capital.
(3)
Proof of concept activities for which an Oregon growth business may receive a
grant or loan under this section include:
(a)
The development of intellectual property;
(b)
The payment of salaries and related expenses for commercialized research;
(c)
The acquisition of equipment and supplies required for the proof of concept
activities;
(d)
Furthering innovation-based economic development; and
(e)
Other activities as defined by rule of the council.
(4)
To receive a grant or loan, the Oregon growth business or a research
institution that has entered into an agreement with the business must agree to
provide a cash match equivalent to:
(a)
30 percent of the amount of the grant or loan for businesses with fewer than 20
employees.
(b)
50 percent of the amount of the grant or loan for businesses with 20 or more
but fewer than 50 employees.
(c)
75 percent of the amount of the grant or loan for businesses with 50 or more
but fewer than 100 employees.
(5)(a)
The council shall award grant or loan moneys to an Oregon growth business in a
two-phase contract. Each phase of the contract shall have clearly defined
performance measures included in the contract between the business and the
council.
(b)
Under phase I of the contract, a business may be granted or loaned an initial
investment not to exceed $75,000. Phase I shall also include an agreement that
upon successful completion of the performance measures for phase I, the
business shall be eligible for funding under phase II. The amount of grant or
loan moneys available to a business under both phases may not exceed $200,000.
(6)
The council shall require any Oregon growth business that receives a grant or
loan under this section and that moves more than 50 percent of the employees of
the business out of the state within two years after receiving grant or loan
moneys to repay the total amount of the grant or loan moneys.
(7)
The council shall require an Oregon growth business that receives a loan under
this section to repay the loan within five years after receiving the loan. The
council shall deposit any loan moneys received under this subsection in the
Oregon Commercialized Research Fund.
(8)
The council may award up to 15 percent of the amount of moneys available in the
fund for grants or loans:
(a)
To the Oregon University System for education of faculty on issues related to
developing effective technology transfer and commercialized research processes;
and
(b)
For other activities as defined by rule of the council.
(9)
The council may adopt rules to administer this section. The council shall
follow the advice of the Oregon Commercialized Research Fund Advisory Council
when adopting rules to administer this section. [2005 c.748 §9; 2011 c.610 §7]
284.740 Oregon Innovation Council research
centers. (1) The Oregon Innovation Council may
establish one or more signature research centers to maximize collaborative
ventures among research institutions, public entities and Oregon growth
businesses that will capitalize on opportunities to obtain private and federal
funding for the research and development of innovation-based economic
development.
(2)
The council may contract with a nonprofit entity for the administration of the
centers.
(3)
Signature research centers, Oregon growth businesses and research institutions
contracting to engage in innovation-based economic development, to conduct
research within a signature research center or to engage in other business
endeavors, as defined by the Oregon Innovation Council by rule, may receive
grants and loans from moneys in the Oregon Innovation Fund created under ORS
284.720 or the Oregon Commercialized Research Fund created under ORS 284.725. [2005
c.748 §11; 2011 c.610 §8]
284.742 Grants and loans to fund proposals
for innovation-based economic development; fees; rules.
(1) Subject to the approval of the Oregon Business Development Department, the
Oregon Innovation Council may make grants and loans from the Oregon Innovation
Fund created under ORS 284.720 to fund proposals that have as their principal
objectives:
(a)
The establishment of partnerships between and collaborations with research
institutions and Oregon growth businesses for innovation-based economic
development; or
(b)
The transfer of innovation-based economic development technology to the private
sector or the commercialization of innovation-based economic development
research and related development in Oregon.
(2)(a)
To qualify for a grant or loan under subsection (1) of this section, a proposal
must be submitted to the Oregon Innovation Council in the manner and with a fee
as may be prescribed by rule.
(b)
All proposals for funding under subsection (1) of this section must establish
return on investment criteria and performance measures as prescribed by rule.
(3)
The Oregon Innovation Council shall make recommendations to the department for
rules to be adopted by the department to administer the provisions of this
section. [2011 c.610 §10]
284.745 Definitions for ORS 284.745 to
284.749. As used in ORS 284.745 to 284.749, “bond-related
costs” means:
(1)
The costs and expenses of issuing and administering bonds under ORS 284.745 to
284.749, including but not limited to:
(a)
Paying or redeeming the bonds, including principal, interest and premium, if
any;
(b)
Paying amounts due in connection with credit enhancement devices or reserve
instruments;
(c)
Paying the administrative costs and expenses of the State Treasurer, the Oregon
Business Development Department and the Oregon Innovation Council, including
the cost of consultants, attorneys and advisers retained by the State
Treasurer, the department or the council for the bonds; and
(d)
Any other costs or expenses that the State Treasurer, the department or the
council determines are necessary or desirable in connection with issuing or
administering the bonds;
(2)
The cost of funding bond reserves;
(3)
Capitalized interest for the bonds; and
(4)
Rebates or penalties due to the United States in connection with the bonds. [2011
c.610 §11]
284.746 Request for issuance of revenue
bonds; issuance of bonds; use of bond proceeds; nature of revenue bonds; powers
of council. (1)(a) The Oregon Innovation Council,
in consultation with the Oregon Business Development Department, shall
determine eligibility for revenue bond financing of proposals for funding under
ORS 284.742 pursuant to rules adopted by the council in consultation with the
department.
(b)
After determining that a proposal, grant or loan is eligible for revenue bond
financing under paragraph (a) of this subsection, the department shall forward
a request for the issuance of revenue bonds to the State Treasurer.
(2)
The State Treasurer may issue revenue bonds subject to the budget authorization
for bond issuance established under ORS 286A.035 for the department and the
council for the purpose of financing or refinancing, in whole or part, grants
and loans made under ORS 284.742, plus an additional amount to be estimated by
the State Treasurer for payment of bond-related costs.
(3)
Net proceeds of the revenue bonds issued pursuant to this section must be deposited
in the Oregon Innovation Bond Fund established under ORS 284.747 for
disbursement to the council to finance the making of grants and loans under ORS
284.742.
(4)
Bond-related costs must be paid from the gross proceeds of the revenue bonds
issued under this section and from moneys deposited in an account or subaccount
of the Oregon Innovation Fund that has been established by the council
specifically for this purpose.
(5)
The department and the council, with the approval of the State Treasurer, may irrevocably
pledge and assign all or a portion of the moneys deposited in an account or
subaccount of the Oregon Innovation Fund that has been established by the
council specifically for the purpose of securing revenue bonds issued under
this section or credit enhancements obtained for the revenue bonds issued under
this section.
(6)
Revenue bonds issued under this section:
(a)
Are payable from the moneys deposited in an account or subaccount of the Oregon
Innovation Fund that has been established by the council specifically for the
purpose of making payments on revenue bonds issued under this section.
(b)
Do not constitute a debt or general obligation of the state, the Legislative
Assembly or a political subdivision of this state but are secured solely by:
(A)
The moneys deposited in an account or subaccount of the Oregon Innovation Fund
that has been established by the council specifically for the purpose of making
payments on revenue bonds issued under this section;
(B)
Amounts in a debt service reserve account established with respect to revenue
bonds issued under this section; or
(C)
A credit enhancement obtained for the revenue bonds issued under this section.
(7)
The State Treasurer, the department and the council have no obligation to pay
bond-related costs except as provided in this section. A holder of revenue
bonds or other similar obligations issued under this section does not have the
right to compel the exercise of the taxing power of the state to pay
bond-related costs.
(8)
The holders of revenue bonds issued under this section, upon the issuance of
the revenue bonds, have a perfected lien on the moneys deposited in an account
or subaccount of the Oregon Innovation Fund that has been established by the
council specifically for the purpose of securing and making payments on revenue
bonds issued under this section or credit enhancements obtained for the revenue
bonds issued under this section. The lien and pledge are valid and binding from
the date of issuance of the revenue bonds and are automatically perfected
without physical delivery, filing or other act. The lien and pledge are
superior to subsequent claims or liens on the moneys deposited in the Oregon
Innovation Fund.
(9)
As long as any revenue bonds issued under this section are outstanding, the
provisions of this section and the provisions of a security document related to
the revenue bonds are deemed to be contracts between the state and holders of
the revenue bonds. The state:
(a)
May not create a lien, encumbrance or any other obligation that is superior to
the liens authorized by subsection (8) of this section on the moneys in the
Oregon Innovation Fund that are pledged and assigned to the payment of the
revenue bonds; and
(b)
May not give force or effect to a statute or initiative or referendum measure
approved by the electors of this state if doing so would unconstitutionally
impair existing covenants made with the holders of existing revenue bonds or
would unconstitutionally impair other obligations or agreements regarding the security
of revenue bonds to which the moneys deposited in the Oregon Innovation Fund
are pledged and assigned.
(10)
The council is authorized to establish separate accounts or subaccounts within
the Oregon Innovation Fund for separate bond issues.
(11)
The council may:
(a)
Make all contracts, execute all instruments and do all things necessary or
convenient in the exercise of the powers granted by this section, in the
performance of its covenants or duties, or in order to secure the payment of
revenue bonds issued under this section; and
(b)
Enter into covenants for the benefit of bond holders regarding the use and
expenditure of moneys in the Oregon Innovation Fund.
(12)
The State Treasurer, the department or the council may appoint bond counsel as
prescribed in ORS 286A.130. [2011 c.610 §12]
284.747 Oregon Innovation Bond Fund.
(1) The Oregon Innovation Bond Fund is established in the State Treasury,
separate and distinct from the General Fund. The net proceeds from the sale of
revenue bonds issued under ORS 284.746 must be credited to the Oregon
Innovation Bond Fund. Investment earnings received on moneys in the fund must
be credited to the fund.
(2)
Moneys in the fund are continuously appropriated to the Oregon Innovation
Council for the purpose of making grants and loans under ORS 284.742. [2011
c.610 §13]
284.748 Oregon Innovation Debt Service
Fund. (1) The Oregon Innovation Debt Service
Fund is established in the State Treasury, separate and distinct from the
General Fund. The Oregon Innovation Debt Service Fund consists of:
(a)
An amount from the moneys deposited in the Oregon Innovation Fund credited to
the Oregon Innovation Debt Service Fund by the State Treasurer that is
necessary in a fiscal year, as determined by the Oregon Innovation Council, in
consultation with the Oregon Business Development Department and the State
Treasurer, to pay the bond-related costs scheduled to be paid in that fiscal
year on the revenue bonds issued under ORS 284.746;
(b)
Any funds appropriated or allocated to the Oregon Innovation Debt Service Fund;
and
(c)
Investment earnings received on moneys in the Oregon Innovation Debt Service
Fund.
(2)
Moneys in the Oregon Innovation Debt Service Fund are continuously appropriated
to the Oregon Innovation Council to pay, when due, the bond-related costs on
outstanding revenue bonds, to fund revenue bond reserves and to pay amounts due
in connection with credit enhancements.
(3)
The council, in consultation with the department and the State Treasurer, shall
use amounts in the Oregon Innovation Debt Service Fund to pay, when due, the
bond-related costs on outstanding revenue bonds, to fund revenue bond reserves
and to pay amounts due in connection with credit enhancements.
(4)
If the moneys deposited in the Oregon Innovation Fund are not sufficient to pay
the bond-related costs due to be paid in a fiscal year, the council, in
consultation with the department and the State Treasurer, shall make payments
in that fiscal year according to the relative priority of revenue bonds secured
by the moneys deposited in the Oregon Innovation Fund. [2011 c.610 §14]
284.749 Oregon Innovation Bond
Administration Fund. (1) The Oregon Innovation Bond
Administration Fund is established in the State Treasury, separate and distinct
from the General Fund. The Oregon Innovation Bond Administration Fund consists
of:
(a)
The amount of revenue bond proceeds remaining after depositing the net proceeds
in the Oregon Innovation Bond Fund pursuant to ORS 284.747;
(b)
The proceeds of revenue bonds issued to pay bond-related costs;
(c)
Any funds appropriated or allocated to the Oregon Innovation Bond
Administration Fund; and
(d)
Investment earnings received on moneys in the Oregon Innovation Bond
Administration Fund.
(2)
Moneys in the Oregon Innovation Bond Administration Fund are continuously
appropriated to the Oregon Innovation Council for paying bond-related costs
during the term of revenue bonds issued under ORS 284.746.
(3)
The council, in consultation with the Oregon Business Development Department
and the State Treasurer, may use amounts in the Oregon Innovation Bond
Administration Fund to pay bond-related costs during the term of revenue bonds
issued under ORS 284.746. Amounts in the fund must be disbursed upon the
written request of the council in consultation with the department. [2011 c.610
§15]
Note:
Sections 1 to 3, chapter 90, Oregon Laws 2010, provide:
Sec. 1. Grow Oregon Council; duties;
rules. (1) There is created the Grow Oregon
Council, consisting of 19 members appointed as follows:
(a)
The President of the Senate shall appoint:
(A)
Two members from among members of the Senate who shall be from different
political parties.
(B)
Two members representing municipal or regional economic development
organizations.
(C)
One member who shall be a current or former business leader with fast-growth
business experience.
(b)
The Speaker of the House of Representatives shall appoint:
(A)
Two members from among members of the House of Representatives who shall be
from different political parties.
(B)
Two members representing municipal or regional economic development
organizations.
(C)
One member who shall be a current or former business leader with fast-growth
business experience.
(D)
One member representing a nonprofit business development organization.
(c)
The Chancellor of the Oregon University System shall appoint one member
representing the system who shall be a current or former business leader.
(d)
The Director of the Oregon Business Development Department shall appoint:
(A)
One member representing the department.
(B)
One member representing a small business development center who shall be a
current or former business leader.
(e)
The Department of Community Colleges and Workforce Development shall appoint
one member representing the community colleges in this state.
(f)
The Governor shall appoint:
(A)
Two members who are currently principals of Oregon-based companies, or have
been principals of Oregon-based companies within the past five years; and
(B)
Two members who represent trade associations.
(g)
At least two of the nonlegislative members appointed should have knowledge of
advanced market research tools and their application.
(2)
The council shall:
(a)
Identify and assess Oregon’s continuum of business development services with
particular attention to the needs of stage two, high-growth businesses,
advanced market research, including but not limited to connectivity among
business service providers, and infrastructure to support entrepreneurship and
growth company capacity building.
(b)
Collaborate with state and local governments and their departments, community
colleges, institutions of higher education and business and economic
development organizations to identify areas for program modification,
enhancement, coordination and creation to deliver a more robust continuum of
services for stage two, high-growth businesses consistent with the principles
of economic gardening.
(c)
Make recommendations to the Seventy-seventh Legislative Assembly for program
modification, enhancement, coordination and creation to deliver a more robust
continuum of services for stage two, high-growth businesses consistent with the
principles of economic gardening.
(d)
Recommend program areas in which Oregon University System graduate programs and
community colleges may choose to participate in order to assist in providing a
more robust continuum of services for stage two, high-growth businesses
consistent with the principles of economic gardening, including but not limited
to courses of study and internships.
(e)
Make recommendations for criteria for stage two, high-growth businesses as the
criteria relate to recommended strategies for fast-growth stage-two business
development.
(f)
Make recommendations for key metrics and outcomes to be measured should the
state create an economic gardening program.
(g)
Make recommendations for how an economic gardening program may fit within
efforts under way to support the development of the state’s minority, women and
emerging small business enterprises.
(h)
Explore opportunities for connecting market research and economic gardening
services to capital access programs, including but not limited to the Building
Opportunities for Oregon Small Business Today (BOOST) Account.
(i)
Explore opportunities for facilitating the access of stage two, high-growth
businesses to international markets.
(j)
Advise the Oregon Business Development Department or other administering entity
on a pilot program providing economic gardening services, if such a pilot
program is authorized.
(3)
A majority of the members of the council constitutes a quorum for the
transaction of business.
(4)
Official action by the council requires the approval of a majority of the
members of the council.
(5)
The council shall elect one of its members to serve as chairperson.
(6)
If there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective.
(7)(a)
The council shall meet at least once every three months, at times and places
specified by the call of the chairperson or of a majority of the members of the
council.
(b)
The Grow Oregon Council shall cease meeting once the council:
(A)
Completes its evaluation of the implementation of the pilot program providing
economic gardening services, if such a program is authorized; or
(B)
Recommends against implementation of a pilot program.
(8)
The council may adopt rules necessary for the operation of the council.
(9)
Notwithstanding ORS 171.072, members of the council who are members of the Legislative
Assembly are not entitled to mileage expenses or a per diem and serve as
volunteers on the council. Other members of the council are not entitled to
compensation or reimbursement for expenses and serve as volunteers on the
council.
(10)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the council 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 council consider necessary to perform their
duties. [2010 c.90 §1; 2011 c.373 §1]
Sec. 2. Oregon Stage Two Business
Development and Economic Gardening Fund. (1) The Oregon Stage Two Business
Development and Economic Gardening Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Oregon
Stage Two Business Development and Economic Gardening Fund shall be credited to
the fund. Moneys in the fund are continuously appropriated to the Oregon
Business Development Department for the purposes of carrying out the duties of
the Grow Oregon Council. The council may advise the department on specific
means for expending any moneys in the fund.
(2)
The Oregon Business Development Department may accept grants, donations, contributions
or gifts from any source for deposit in the Oregon Stage Two Business
Development and Economic Gardening Fund established in subsection (1) of this
section for the purpose of enabling the Grow Oregon Council to carry out the
council’s duties under section 1, chapter 90, Oregon Laws 2010. [2010 c.90 §2;
2011 c.373 §2] Sec. 3. (1) Section
1, chapter 90, Oregon Laws 2010, is repealed on January 2, 2016.
(2)
Upon the repeal of section 1, chapter 90, Oregon Laws 2010, all funds within
the Oregon Stage Two Business Development and Economic Gardening Fund shall be
transferred to the General Fund. [2010 c.90 §3; 2011 c.373 §3]
Note:
Section 1, chapter 198, Oregon Laws 2011, provides:
Sec. 1. Business Ombudsman position;
report. (1) The Oregon Business Development
Department, in consultation with the Governor’s office and other state
agencies, shall explore the feasibility of establishing a position of Business
Ombudsman within state government.
(2)
In considering the duties to be performed and information to be provided by a
Business Ombudsman, the department shall explore the feasibility of requiring a
Business Ombudsman to provide and maintain on the department’s website, or the
website of another state agency, the following information:
(a)
The name of, contact information of and description of services provided by
each appropriate state agency or technical service provider that provides
assistance to new or prospective small businesses;
(b)
The name, contact information and description of duties of state agencies that
perform regulatory and permitting activities that affect new or prospective
small businesses; and
(c)
Methods by which new, prospective or established businesses may note questions
or complaints that arise in the course of doing business in this state or with
public entities in this state.
(3)
The department shall report to the Legislative Assembly in the manner provided
by ORS 192.245 no later than the date of the convening of the 2013 regular
session of the Legislative Assembly as specified in ORS 171.010. The report
shall describe the department’s conclusions regarding the feasibility of
establishing a position of Business Ombudsman within state government and of
requiring a Business Ombudsman to maintain the information described in this
section on the website of the department or another state agency. [2011 c.198 §1]
284.750 [1987
c.911 §3; 1993 c.744 §14; 1997 c.631 §433; repealed by 2005 c.80 §7]
284.755 [1987
c.911 §§1,2; 1989 c.501 §1; 1997 c.631 §434; repealed by 2005 c.80 §7]
284.760 [1987
c.911 §4; 1997 c.631 §435; repealed by 2005 c.80 §7]
284.765 [1987
c.911 §5; 1997 c.631 §436; repealed by 2005 c.80 §7]
284.770 [1987
c.911 §6; repealed by 2005 c.80 §7]
284.775 [1987
c.911 §9; repealed by 2005 c.80 §7]
284.780 [1987
c.911 §10; 1997 c.631 §437; repealed by 2005 c.80 §7]
284.785 [1987
c.911 §11; repealed by 2005 c.80 §7]
284.790 [1987
c.911 §12; 1993 c.18 §49; 1997 c.631 §438; repealed by 2005 c.80 §7]
284.795 [1987
c.911 §13; repealed by 2005 c.80 §7]
284.800
[Formerly 447.800; 1991 c.11 §15; renumbered 285.253 in 1991]
284.805
[Formerly 447.805; renumbered 285.255 in 1991]
284.810
[Formerly 447.810; renumbered 285.257 in 1991]
284.815
[Formerly 447.815; 1991 c.11 §16; renumbered 285.260 in 1991]
284.820
[Formerly 447.820; repealed by 1991 c.11 §19]
284.825
[Formerly 447.825; repealed by 1991 c.11 §19]
284.831
[Formerly 447.831; repealed by 1991 c.11 §19]
284.834
[Formerly 447.834; repealed by 1991 c.11 §19]
284.835
[Formerly 447.835; repealed by 1991 c.11 §19]
284.840
[Formerly 447.840; repealed by 1991 c.11 §19]
284.845
[Formerly 447.845; repealed by 1991 c.11 §19]
284.850
[Formerly 447.850; repealed by 1991 c.11 §19]
284.855
[Formerly 447.855; repealed by 1991 c.11 §19]
284.860
[Formerly 447.860; repealed by 1991 c.11 §19]
284.865
[Formerly 447.865; repealed by 1991 c.11 §19]
284.875
[Formerly 447.875; repealed by 1991 c.11 §19]
284.880
[Formerly 447.880; repealed by 1991 c.11 §19]
284.895
[Formerly 182.815; renumbered 285.250 in 1991]
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