USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 283 Interagency Services
As used in this chapter, unless the context
requires otherwise:

(1) “Department” means the Oregon Department of Administrative
Services.

(2) “Director” means the Director of the Oregon Department of
Administrative Services.

(3) “State agency” or “agency” has the meaning given such term in
ORS 291.002. [1967 c.419 §17; 1975 c.345 §1; 1977 c.717 §19; 1989 c.224
§47; 1991 c.93 §2; 1993 c.500 §36; 1997 c.249 §84]In all cases where federal granted funds are involved, the
federal laws, rules and regulations applicable thereto shall govern
notwithstanding any provisions to the contrary in this chapter. [1967
c.419 §18]
(1) There is established the Oregon Department of Administrative
Services Operating Fund in the State Treasury, separate and distinct from
the General Fund. The moneys in the Oregon Department of Administrative
Services Operating Fund may be invested as provided in ORS 293.701 to
293.820. Interest earnings on the fund assets shall be credited to the
fund.

(2) Amounts in the fund are continuously appropriated for and shall
be used for the purposes authorized by law. It is the legislative intent
that, except as otherwise provided by law, all activities using the
Oregon Department of Administrative Services Operating Fund shall be
self-supporting and the Oregon Department of Administrative Services
shall keep the necessary records to show the status of each activity.

(3) Unless otherwise provided by law, the cost to the Oregon
Department of Administrative Services of providing services, including
labor, facilities and materials to any state agency, including itself,
the cost of which is to be charged, in part or whole, to the agency
served, may be advanced out of the Oregon Department of Administrative
Services Operating Fund. The costs advanced from the fund shall be
reimbursed to the fund from the charges paid to the department by the
agency served.

(4) The department may estimate in advance the expenses that it
will incur during the biennium for activities which operate out of the
fund. Such expenses include necessary working capital and depreciation as
determined by the department. The department may render to each agency an
invoice for its share of such expenses for periods within the biennium.
Each agency shall pay to the credit of the Oregon Department of
Administrative Services Operating Fund such invoice as an administrative
expense from funds or appropriations available to it in the same manner
as other claims against the state are paid. If the estimated expenses for
any agency are more or less than actual expenses, including working
capital and depreciation requirements, for the period covered by the
invoice, the difference shall be reflected in the next following estimate
of expenses.

(5) Notwithstanding subsection (4) of this section, all moneys
collected by the department as depreciation reserves for the properties
identified in ORS 276.004 shall be deposited to the Capital Projects
Fund, and are continuously appropriated for the purposes set out in ORS
276.005 (1). [1989 c.84 §5 (enacted in lieu of 283.075); 1993 c.500 §37](1) The Oregon Department of Administrative Services may draw a
warrant on the State Treasurer in favor of the Oregon Department of
Administrative Services payable out of the Oregon Department of
Administrative Services Operating Fund established under ORS 283.076 for
the amount necessary to restore the special revolving fund to the maximum
authorized level of $10,000. The amount drawn shall be credited to a
special revolving fund which shall be carried with the State Treasurer
and shall be used by the department when it is necessary or desirable to
make immediate payments.

(2) The Oregon Department of Administrative Services shall file at
least once each month a verified voucher covering current disbursements
from the special revolving fund. The voucher shall be accompanied by an
itemized statement showing the names of the persons, firms or
corporations to whom and the purposes for which the disbursements were
made.

(3) Upon receipt of the voucher, the Oregon Department of
Administrative Services shall draw a warrant on the State Treasurer in
favor of the Oregon Department of Administrative Services payable out of
the Oregon Department of Administrative Services Operating Fund. The
amount drawn shall be deposited in the special revolving fund and shall
be for a sum sufficient only to replenish the special revolving fund.

(4) In addition to the authority provided in ORS 293.180, the
Oregon Department of Administrative Services is authorized to establish
petty cash funds, in an amount not to exceed $250, out of the special
revolving fund from which small cash disbursements, in payment of
expenses, may be made. Periodically, a request for reimbursement of
disbursements shall be made. Upon receipt of the warrant drawn on the
State Treasurer, in favor of the Oregon Department of Administrative
Services, payable out of the Oregon Department of Administrative Services
Operating Fund, it shall be redeemed and the cash received used to
replenish the petty cash fund. [1977 c.316 §2; 1981 c.106 §17; 1983 c.424
§1; 1989 c.84 §6; 1993 c.500 §38; 1997 c.109 §1]CERTIFICATES OF PARTICIPATION FINANCING

(1) “Available funds” means funds appropriated or otherwise made
available by the Legislative Assembly to pay amounts due under a
financing agreement for the fiscal period in which the payments are due,
together with any unexpended proceeds of the financing agreement, and any
reserves or other amounts which have been deposited in trust to pay
amounts due under the financing agreement.

(2) “Credit enhancement agreement” means any agreement or
contractual relationship between the state and any bank, trust company,
insurance company, surety bonding company, pension fund or other
financial institution providing additional credit on or security for a
financing agreement or certificates of participation authorized by ORS
283.085 to 283.092, 286.515 and 286.525.

(3) “Director” means the Director of the Oregon Department of
Administrative Services.

(4)(a) “Financing agreement” means a lease purchase agreement, an
installment sale agreement, a loan agreement or any other agreement:

(A) To finance real or personal property that is or will be owned
and operated by the state or any of its agencies;

(B) To finance infrastructure related to a facility that is owned
and operated by the state;

(C) To finance infrastructure components that are owned or operated
by a local government agency of this state if the director determines
that financing the infrastructure will facilitate the construction or
operation of an adult or juvenile corrections facility or a public safety
training facility owned and operated by the state or any of its agencies;

(D) To finance all or a portion of the state’s pension liabilities
for retirement, health care or disability benefits, in an amount that
produces net proceeds that do not exceed the State Treasurer’s estimate
of those liabilities based on information provided to the State Treasurer
by the Public Employees Retirement System; or

(E) To refinance previously executed financing agreements.

(b) As used in this subsection, “infrastructure” includes, but is
not limited to, sewer and water systems and road improvements.

(5) “Personal property” means tangible personal property, software
and fixtures.

(6) “Property rights” means, with respect to personal property, the
rights of a secured party under ORS chapter 79, and, with respect to real
property, the rights of a trustee or lender under a lease authorized by
ORS 283.089 (5).

(7) “Software” means software and training and maintenance
contracts related to the operation of computing equipment.

(8) “Treasurer” means the State Treasurer. [1989 c.1032 §1; 1993
c.500 §39; 1997 c.715 §3; 2001 c.718 §3; 2003 c.746 §9]Note: 283.085 to 283.092 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 283 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. With the approval of the
State Treasurer, the Director of the Oregon Department of Administrative
Services may enter into financing agreements in accordance with ORS
283.085 to 283.092, 286.515 and 286.525, upon such terms as the director
and the treasurer find to be advantageous to the state. Financing
agreements shall be subject to the following limitations:

(1) Amounts payable by the state under a financing agreement shall
be limited to available funds. In no circumstance shall the state be
obligated to pay amounts due under a financing agreement from any source
other than available funds. If there are insufficient available funds to
pay amounts due under a financing agreement, the lender may exercise any
property rights which the state has granted to it in the financing
agreement, against the property which was purchased with the proceeds of
the financing agreement, and apply the amounts so received toward
payments scheduled to be made by the state under the financing agreement.

(2) No property rights may be granted in property unless the
property is being acquired, substantially improved or refinanced with the
proceeds of a financing agreement, or is land on which such property is
located.

(3) For periods after June 30, 1989, the principal amount of
financing agreements entered into by the state pursuant to ORS 283.085 to
283.092, 286.515 and 286.525 shall be treated as an amount of bonds and
shall be subject to the provisions of ORS 286.505 to 286.545.

(4) The limitations of subsection (3) of this section shall not
apply to financing agreements which are used to refinance previously
executed financing agreements. The expenditure of funds used to finance
previously executed financing agreements and pay the costs incurred to
issue the new financing agreements shall be recorded using administrative
budget limitations.

(5) The state or any state agency shall not enter into financing
agreements under any provision of law other than ORS 283.085 to 283.092,
286.515 and 286.525 if the principal amount of the financing agreement,
together with the principal amount of any financing agreement previously
issued by the state or a state agency for the same project, exceeds
$100,000.

(6) Upon the request and with the approval of the Chief Justice of
the Supreme Court or the State Court Administrator, the Director of the
Oregon Department of Administrative Services may enter into financing
agreements in accordance with ORS 283.085 to 283.092, 286.515 and
286.525, on behalf of the Judicial Department.

(7) Financing agreements may bear interest that is includable in,
or is excludable from, gross income under the Internal Revenue Code.
[1989 c.1032 §2; 1991 c.642 §4; 1991 c.790 §20; 1993 c.500 §40; 1993
c.635 §3; 2003 c.746 §10]Note: See note under 283.085. With
the approval of the State Treasurer, the Director of the Oregon
Department of Administrative Services may:

(1) Enter into agreements with trustees to hold financing agreement
proceeds, payments and reserves as security for lenders, and to issue
certificates of participation in the right to receive payments due from
the state under a financing agreement. Amounts held with a trustee shall
be invested by the trustee at the direction of the treasurer. Interest
earned on any investments held by a trustee as security for a financing
agreement may, at the option of the director, be credited to the accounts
held by the trustee and applied in payment of sums due under a financing
agreement.

(2) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such credit
enhancement agreements shall be payable solely from available funds and
amounts received from the exercise of property rights granted under such
financing agreements.

(3) Use the gross proceeds of financing agreements for the purposes
described in ORS 283.085 (4) and to pay the costs of reserves, credit
enhancements and other costs associated with issuing, administering and
maintaining the financing.

(4) Use a single financing agreement to finance property to be used
by multiple state agencies.

(5) Subject to ORS 283.087 (2), grant leases of real property with
a trustee or lender. Such leases may be for a term which ends on the date
on which all amounts due under a financing agreement have been paid or
provision for payment has been made, or 10 years after the last scheduled
payment under a financing agreement, whichever is later. Such leases may
grant the trustee or lender the right to evict the state and exclude it
from possession of the real property for the term of the lease if the
state fails to pay when due the amounts scheduled to be paid under a
financing agreement or otherwise defaults under a financing agreement.
Upon default, the trustee or lender may sublease the land to third
parties and apply any rentals toward payments scheduled to be made under
a financing agreement.

(6) Subject to ORS 283.087 (2), grant security interests in
personal property to trustees or lenders. Such security interests shall
attach and be perfected on the date the state takes possession of the
personal property, or the date the lender advances money under a
financing agreement, whichever is later. A security interest authorized
by this section shall have priority over all other liens and claims. Upon
default, the secured party shall have the rights and remedies available
to a secured party under ORS chapter 79 for a first, perfected security
interest in goods and fixtures. No later than 10 days after a security
interest authorized by this section attaches, the state shall cause a
financing statement for the security interest to be filed with the
Secretary of State in the same manner as financing statements are filed
for goods; however, failure to file such a statement shall not affect the
perfection of the security interest.

(7) Pledge for the benefit of trustees and lenders any amounts
which are deposited with a trustee in accordance with a financing
agreement. The pledge shall be valid and binding from the time it is
made, the amounts so pledged shall immediately be subject to the lien of
the pledge without filing, physical delivery or other act, and the lien
of the pledge shall be superior to all other claims and liens of any kind
whatsoever.

(8) Bill any state agency that benefits from a financing agreement
for an appropriate share of the financing costs, including debt service,
on a monthly or other periodic basis, and deposit payments received in
connection with such billings with a trustee as security for a financing
agreement. Any state agency receiving such a bill shall pay the amounts
billed from the first amounts legally available to it. The director shall
allocate in appropriate shares the financing costs of a financing
agreement entered into for the purpose described in ORS 283.085 (4)(a)(D)
among all state agencies based on their payroll costs. As used in this
subsection, “state agency” has the meaning given that term in ORS 286.730.

(9) Purchase fire and extended coverage or other casualty insurance
for property which is acquired or refinanced with proceeds of a financing
agreement, assign the proceeds thereof to a lender or trustee to the
extent of their interest, and covenant to maintain such insurance while
the financing agreement is unpaid, so long as available funds are
sufficient to purchase such insurance. [1989 c.1032 §3; 2001 c.445 §170;
2003 c.746 §11]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.Note: See note under 283.085.The Oregon Department of
Administrative Services shall include in the Governor’s budget request to
the Legislative Assembly for each fiscal period amounts sufficient to
permit the payment of all amounts which will be due on unpaid financing
agreements during that fiscal period. [1989 c.1032 §4]Note: See note under 283.085. A lease or
financing agreement authorized by ORS 283.085 to 283.092, 286.515 and
286.525 shall not cause property to be subject to property taxation and
shall be disregarded in determining whether property is exempt from
taxation under ORS chapter 307. [1989 c.1032 §5]Note: See note under 283.085.STATE AGENCY SERVICESThe Oregon Department of
Administrative Services shall provide general government administrative
functions to state agencies. The cost of these services, or portions
thereof, as determined by the department shall be allocated to state
agencies as determined by the department and paid to the department in
the same manner as other claims against the agency are paid. [1993 c.62
§1]Note: 283.100 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 283 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Subject to rules prescribed by the
Oregon Department of Administrative Services, any state agency shall, as
its own facilities permit, furnish to any other state agency such
services (including labor), facilities and materials as are requisitioned
by the head of another agency. The expense shall be charged to the agency
served, which shall pay the expense to the agency furnishing the
services, facilities or materials in the manner other claims are paid.
Agencies shall, as far as practicable, cooperate with one another in the
use of services, quarters and equipment.

(2) Except as provided in ORS 283.076 (3), all moneys received by
an agency in payment of services, facilities or materials furnished to
another state agency as provided in this section, or in payment of
services, facilities or materials furnished to other persons may be, or
if required by the Oregon Department of Administrative Services, shall be
paid into the State Treasury for deposit to the credit of the
miscellaneous receipts account established pursuant to ORS 279A.290 for
the agency furnishing the services, facilities or materials.

(3) The constitutional state officers and the Legislative Assembly
or any of its statutory, standing, special or interim committees, unless
prohibited by law, may elect to furnish services, facilities and
materials to one another and to state agencies and officers as defined in
ORS 291.002, and the courts, constitutional state officers, the
Legislative Assembly or any of its statutory, standing, special or
interim committees and the Public Defense Services Commission may elect
to requisition services, facilities and materials as provided in this
section. [Formerly 291.658; 1981 c.106 §18; 1993 c.500 §40a; 2003 c.449
§36; 2003 c.794 §230] Subject to rules
prescribed by the Oregon Department of Administrative Services, any state
agency may establish a service unit within the agency to furnish to other
units of such agency the services, facilities and materials that the
service unit is established to provide. The expenses of the service unit
shall be charged to the units served and, except as provided in ORS
283.076 (3), the amounts so charged shall be credited to the
miscellaneous receipts account established pursuant to ORS 279A.290 and
hereby are appropriated continuously for expenditure by the state agency
subject to the allotment system provided by ORS 291.234 to 291.260.
[Formerly 291.670; 1981 c.106 §19; 1993 c.500 §40b; 2003 c.794 §231] As used in ORS
283.140 to 283.160, “state agency” or “agency” includes the Legislative
Assembly, at its option, or any of its statutory, standing, special or
interim committees, at the option of such committee. [Formerly 291.659](1) The Oregon
Department of Administrative Services shall exercise budgetary
management, supervision and control over all telephone and
telecommunications service for all state agencies. The department may
operate central mail, shuttle bus or messenger services for agencies
located in Salem, Portland or other cities, where it would be economical
so to do. The cost of maintaining and operating any central telephone
exchange, switching system, network service and facility, intercity or
intracity network trunk or line or switchboard, or the cost of mail,
shuttle bus and messenger services, shall be charged to the various
agencies served and paid to the department in the same manner as other
claims against the agencies are paid.

(2) If the department operates central mail service, it shall:

(a) Approve or disapprove all state agency mail equipment or mail
service acquisitions.

(b) Report biennially to the Director of the Oregon Department of
Administrative Services on opportunities for savings through state agency
mail room centralization, consolidation and automation and through mail
route coordination.

(3) The department shall adopt rules pursuant to which persons
associated with government either temporarily or otherwise, including but
not limited to unsalaried volunteers, part-time employees, contractors
with the state and employees of contractors, political subdivisions and
the federal government may use shuttle bus services.

(4) For the purposes of this section, “telecommunications” means
media that communicate voice, data, text, images or video over a distance
using electrical, electronic or light wave transmission media. [Formerly
291.660; 1971 c.110 §1; 1977 c.92 §1; 1993 c.724 §15; 1995 c.452 §15](1) To encourage utilization of statewide integrated
videoconferencing and statewide online access services, the Oregon
Department of Administrative Services shall, in addition to any other
charge or assessment for providing telecommunications services to state
agencies, impose upon each agency and public corporation a surcharge, in
an amount established by the department. All surcharge moneys collected
shall be deposited in the Oregon Department of Administrative Services
Operating Fund, and may be expended only for state agency and public
corporation telecommunication and videoconferencing activities, under
such terms and conditions as the department may prescribe.

(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services shall not impose the surcharge
established by this section on the Department of Higher Education or the
Oregon Health and Science University. The Oregon Department of
Administrative Services shall enter into an agreement with the Department
of Higher Education and the Oregon Health and Science University on the
amounts to be paid by the Department of Higher Education and the Oregon
Health and Science University to the Oregon Department of Administrative
Services in lieu of the surcharge provided for in this section. [1997
c.596 §2]The Oregon Department of Administrative Services may operate
central repair and maintenance services for the general repair and
servicing of office equipment belonging to the various state agencies.
The cost of such services shall be charged to the various agencies served
and paid to the department in the same manner as other claims against the
agencies are paid. It shall also be the function of the department to
salvage office equipment, in so far as is practicable and economical.
Salvaged equipment shall be disposed of in accordance with ORS 279A.280.
[Formerly 291.662; 2003 c.794 §232] The Oregon
Department of Administrative Services, where it would be economical so to
do, may provide clerical and stenographic pool services as needed for
unusual work demands of state agencies above the normal demands that can
be met by their permanent staffs. The cost of such services shall be
charged to the agencies utilizing such services and paid to the
department in the same manner as other claims against the agencies are
paid. [Formerly 291.664] The Oregon
Department of Administrative Services may sell excess steam heat to a
museum that is tax exempt under state and federal law where the steam can
be delivered to the museum property without significant impact on the
state steam heating system. The proceeds of the sale may be used to meet
costs of the system without specific appropriation thereof. [1979 c.712
§1]Note: 283.170 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 283 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.CONTROL AND REGULATION OF STATE-OWNED MOTOR VEHICLES As used in ORS
283.305 to 283.350:

(1) “Authorized driver” means any of the following who has a valid
driver license and an acceptable driving record:

(a) A salaried state employee, including an agent of the state;

(b) A volunteer, appointed in writing, whose written description of
duties includes driving motor vehicles;

(c) An agency client required to drive motor vehicles as part of a
rehabilitation or treatment program authorized by law;

(d) Any personnel of any unit of government whose use of motor
vehicles is permitted by an authorized intergovernmental agreement;

(e) Any student enrolled at any state institution of higher
education and whose use of motor vehicles meets the requirements of ORS
283.310; and

(f) An inmate of a correctional institution with specific
Department of Corrections approval who is accompanied by a supervising
correctional institution employee or who is performing a specific work
assignment driving a special purpose vehicle required for that assignment
and within the visual range of a supervising correctional institution
employee who is at the work assignment site or who is part of the
transport caravan.

(2) “Alternative fuel” means natural gas, liquified petroleum gas,
methanol, ethanol, any fuel mixture containing at least 85 percent
methanol or ethanol and electricity.

(3) “Motor vehicles” includes state-owned, leased or otherwise
controlled motor vehicles and the supplies, parts and equipment for the
operation, maintenance or repair of such motor vehicles.

(4) “Official state business” means activity conducted by a state
agency that advances the lawful policies of the agency as specified by
the Oregon Department of Administrative Services by rule.

(5) “Standard passenger vehicle” means a motor vehicle that is
commonly known as a sedan or a station wagon and that is not equipped
with special or unusual equipment.

(6) “State agency” or “agency” includes the Legislative Assembly,
at its option, or any of its statutory, standing, special or interim
committees, at the option of such committee. [Formerly 291.702; 1991
c.399 §4; 1993 c.335 §1; 1997 c.848 §1](1) The Oregon Department of
Administrative Services shall control and regulate the acquisition,
operation, use, maintenance and disposal of and access to motor vehicles
used for:

(a) State business by state agencies of this state; or

(b) Official public business by a unit of local government or a
state agency of another state, by an agency created by an interstate
compact between this state and another state or states, by a United
States governmental agency, or by an American Indian tribe or an agency
of an American Indian tribe, pursuant to an intergovernmental agreement
between the agency or agencies and the department, entered into in
accordance with ORS chapter 190, for the provision of motor pool
vehicles, supplies and services, or any of them.

(2) The state agency on whose behalf a motor vehicle is used must
state in writing in advance of such use that the particular activity for
which the vehicle is to be used advances the lawful policies of the
agency.

(3) The State Board of Higher Education shall not authorize or
allow the use of any motor vehicle to transport students to an event or
activity not directly related to an officially sanctioned program as
established under ORS 351.277 of an institution in the Oregon University
System.

(4) The State Board of Higher Education, in conjunction with the
Oregon Department of Administrative Services, shall establish by rule
vehicle operation standards and training to promote safe vehicular travel
practices in the conduct of all travel by employees, students and
official volunteers at all institutions in the Oregon University System.
[Formerly 291.704; 1993 c.335 §2](1) A state agency or institution shall provide a
state-owned standard passenger vehicle to each authorized driver of the
state agency or institution who is required to drive a standard passenger
vehicle on official state business a number of miles per month averaged
over a six-month period that equals or exceeds the mileage limit defined
in rules adopted under ORS 283.313.

(2) If a state-owned standard passenger vehicle is not available to
an authorized driver of a state agency or institution who is required to
drive a standard passenger vehicle on official state business:

(a) The authorized driver shall use the authorized driver’s own
motor vehicle, or other privately owned motor vehicle, and shall be
reimbursed as provided in rules adopted under ORS 283.345; or

(b) If a suitable privately owned motor vehicle is not available to
the authorized driver, the state agency or institution shall rent a
standard passenger vehicle for the use of the authorized driver on the
days the authorized driver is required to drive on official state
business.

(3) Except as provided in subsections (4) and (5) of this section,
a state agency or institution may not own or be assigned a standard
passenger vehicle that is driven a number of miles per month averaged
over a six-month period that is less than the mileage limit defined in
rules adopted under ORS 283.313.

(4) Subsection (3) of this section does not apply to a standard
passenger vehicle that is furnished with equipment not installed on a
standard passenger vehicle.

(5) Subsection (3) of this section does not apply to a standard
passenger vehicle if the Director of the Oregon Department of
Administrative Services finds under rules adopted under ORS 283.313 that,
notwithstanding the number of miles per month the vehicle is driven, use
of a state-owned standard passenger vehicle is necessary to the
activities conducted by the state agency or institution.

(6) If a state agency or institution is not in compliance with
subsection (3) of this section, the state agency or institution shall
sell and not replace a standard passenger vehicle for each vehicle that
fails to comply with subsection (3) of this section. The state agency or
institution may reassign vehicles owned by or assigned to the state
agency or institution, respectively, if necessary to meet the
requirements of subsection (3) of this section. Proceeds from a sale
under this subsection and interest on the proceeds shall be retained by
the agency or institution and not expended until a sale proceed
utilization plan is approved by the Legislative Assembly. [1997 c.848 §3](1) The Oregon Department of
Administrative Services shall adopt by rule a formula to determine the
mileage limit for purposes of ORS 283.312. The formula shall define a
mileage limit that is the mileage at which use of a state-owned standard
passenger vehicle is more economical than use of a privately owned motor
vehicle for official state business. For purposes of this subsection, the
department shall adopt the formula in Secretary of State, Audit No.
97-36, State of Oregon Opportunities to Reduce State Employee Travel
Costs, p. 29, app. A, exhibit 1 (April 17, 1997), or an equivalent
formula.

(2) The department shall adopt by rule a replacement mileage
standard for purposes of ORS 283.314. The replacement mileage standard is
the mileage at which replacement of a standard passenger vehicle is more
economical than retaining the vehicle.

(3) The department shall adopt by rule a procedure to approve
exceptions under ORS 283.312 (5) to the requirements of ORS 283.312 (3).
The procedure adopted must conform to the following:

(a) The Director of the Oregon Department of Administrative
Services shall approve each exception.

(b) The director may appoint a committee to advise the director on
the merits of each request for an exception.

(c) An application by a state agency or institution for an
exception must be in writing. The application must include, but not be
limited to:

(A) A statement of the reasons ownership or assignment of a
state-owned standard passenger vehicle is necessary to the activities
conducted by the state agency or institution, notwithstanding the number
of miles per month the vehicle is driven; and

(B) A statement of reasons why rental of a standard passenger
vehicle, use of a vehicle owned by an authorized driver or borrowing a
vehicle from another state agency or institution is not a satisfactory
alternative to ownership or assignment of a standard passenger vehicle.
[1997 c.848 §5]A standard passenger vehicle owned or assigned to
the state agency or institution must be replaced after the number of
miles the vehicle has been driven exceeds the replacement mileage
standard defined under rules adopted under ORS 283.313. [1997 c.848 §4] The Oregon Department of
Administrative Services shall establish a motor pool for the common use
of state agencies and for other public agencies that have entered into
intergovernmental agreements with the department in accordance with ORS
chapter 190 for the provision of motor pool vehicles, supplies and
services, or any of them. The department may also establish in the state
such subsidiary pools under the direct control or under the supervision
of a state agency as may be found necessary. [Formerly 291.706; 1993
c.335 §2a] (1)
The Oregon Department of Administrative Services shall study and
ascertain the present needs for motor vehicles and shall authorize
transfer to the pool or the sale of vehicles found not to be required by
state agencies.

(2) Where any motor vehicle so transferred from any agency was
purchased by the agency from a dedicated fund or trust fund, as defined
in ORS 291.002, an amount equal to the depreciated value of the vehicle
shall be paid to the agency within 10 years after the vehicle’s
acquisition by the department, or, at the option of the department, shall
be entered upon the accounts of the Oregon Department of Administrative
Services Operating Fund as a credit in favor of the agency from which the
vehicle was transferred, and any charges thereafter made to such agency,
pursuant to ORS 283.350, for transportation furnished to the agency,
shall be offset against such credit until the entire amount of the credit
has been utilized. [Formerly 291.708; 1993 c.335 §3]Subject to ORS 283.327, the Oregon Department of
Administrative Services may acquire motor vehicles by purchase or
transfer. All motor vehicles transferred to or purchased for the
department shall become a motor pool from which, upon requisition and
proper showing to the department of need and use for official state
business only by a state agency, or on evidence that a specific
intergovernmental agreement allows a public agency to be provided with
motor pool vehicles, supplies and services, there may be assigned
suitable transportation, either on a temporary or permanent basis.
[Formerly 291.710; 1991 c.399 §5; 1993 c.335 §4](1) To the maximum extent economically
possible, state-owned motor vehicles shall use alternative fuel for
operation.

(2) State agencies shall acquire only motor vehicles capable of
using alternative fuel, except that acquired vehicles assigned to areas
unable economically to dispense alternative fuel need not be so
configured.

(3) Each agency owning motor vehicles shall comply with all safety
standards established by the United States Department of Transportation
in the conversion, operation and maintenance of vehicles using
alternative fuel. [1991 c.399 §2; 1993 c.335 §5; 2005 c.22 §201]The Oregon Department of Administrative Services shall direct
and be responsible for the acquisition, operation, maintenance, storage,
repair and replacement of and access to motor vehicles under its control.
The department shall utilize all state facilities available for the
maintenance, repair and storage of such motor vehicles. [Formerly
291.712; 1993 c.335 §6]The Oregon Department of Administrative Services may arrange,
by agreement with agencies, for the utilization by one of the storage,
repair or maintenance facilities of another, with such provision for
charges and credits as may be agreed upon. Any such agreement to which
the department is not a party shall be subject to the approval of the
department. The department may acquire and maintain storage facilities
for the motor vehicles under its control. [Formerly 291.714]Prior to December 31 of each year, each
agency owning motor vehicles shall submit an annual report to the
Department of Environmental Quality and the State Department of Energy.
The report shall contain at a minimum:

(1) The number of vehicles acquired that are capable of using
alternative fuel;

(2) The number of vehicles converted from the use of gasoline to
the use of alternative fuel;

(3) The quantity of each type of alternative fuel used; and

(4) Any other information required by the Department of
Environmental Quality and the State Department of Energy. [1991 c.399 §3;
1993 c.335 §7] (1) It is the policy of
this state that the Oregon Department of Administrative Services adopt
rules that narrowly interpret the definitions of authorized driver and
official state business.

(2) The department shall adopt rules necessary for the efficient
and economical operation, use, maintenance, repair and replacement of and
access to all motor vehicles, and shall require the keeping of such
records of use, access, costs and operations and the making of such
reports as will enable the exercise of proper controls.

(3) By rule, the department shall prohibit the operation of a
state-owned motor vehicle by any person under 18 years of age.

(4) The department shall adopt rules that require uniform schedules
for preventive maintenance of state-owned motor vehicles. [Formerly
291.716; 1993 c.335 §8; 1997 c.848 §6] At
least biennially, the Oregon Department of Administrative Services shall
examine compliance with rules adopted pursuant to ORS 283.340 by state
agencies owning vehicles. The department shall submit biennially to the
Joint Legislative Audit Committee a management report on state-owned
motor vehicles that includes:

(1) Summaries of agency compliance examinations, with specific
emphasis on noncomplying state agency fleets;

(2) Numbers of motor vehicles, listed by model and by state agency;

(3) Mileage utilization of motor vehicles, listed by state agency;

(4) Operating cost per mile of motor vehicles, listed by state
agency; and

(5) Recommendations for increasing motor vehicle utilization, for
decreasing the overall motor vehicle population and for absorbing
noncomplying state agency fleets into the motor pool. [1993 c.335 §11] The Oregon
Department of Administrative Services shall adopt rules for the use of
privately owned vehicles for official state business where necessary.
[Formerly 291.718; 1993 c.335 §9; 1997 c.848 §7](1) In addition to the other
purposes for which the Oregon Department of Administrative Services
Operating Fund created by ORS 283.076 may be used, the Oregon Department
of Administrative Services Operating Fund is appropriated continuously
for and may be used for the acquisition, operation, storage, maintenance,
repair and replacement of motor vehicles under the control of the Oregon
Department of Administrative Services, the payment of insurance premiums
as provided in ORS 278.205 and payment of the administrative expenses of
the department in connection with the operation of the motor pool and a
proportionate amount of the administrative costs in connection with the
operation of the Oregon Department of Administrative Services Operating
Fund. The type of motor vehicles purchased shall be limited to the most
appropriate economical models. At the end of each month the department
shall render a statement, on a basis of mileage or rental, to all state
and public agencies to which transportation has been furnished, and all
amounts due shall be credited to the Oregon Department of Administrative
Services Operating Fund and, in the case of state agencies, shall be a
charge against the appropriation allotments of the state agencies
involved. Any proceeds from the sale or other disposition of used
vehicles owned by the department shall be credited to the Oregon
Department of Administrative Services Operating Fund. Administrative
costs in connection with the operation of the motor pool and a
proportionate amount of the administrative costs in connection with the
operation of the Oregon Department of Administrative Services Operating
Fund shall be included in the computation of the rental or mileage charge
to the agencies to which transportation is furnished.

(2) There is continued in existence a petty cash fund in the amount
of $100 as part of the Oregon Department of Administrative Services
Operating Fund, and the Director of the Oregon Department of
Administrative Services may authorize designated persons to make
disbursements from the petty cash fund in any case where it is necessary
to make an immediate cash payment which is payable from the Oregon
Department of Administrative Services Operating Fund for an expenditure
referred to in subsection (1) of this section. Disbursements from the
petty cash fund shall be made only by the persons so designated in
payment of claims authorized by law. When the person designated by the
director from time to time files with the Oregon Department of
Administrative Services verified vouchers covering disbursements from the
petty cash fund, the Oregon Department of Administrative Services shall
issue warrants on the State Treasurer payable out of the Oregon
Department of Administrative Services Operating Fund in favor of the
person designated by the director. The payments of such warrants shall be
credited to the petty cash fund. The verified vouchers covering
disbursements shall bear the approval of the individual designated by the
director. [Formerly 291.720; 1981 c.106 §21; 1983 c.740 §81; 1993 c.335
§9a; 1993 c.500 §41] (1) Any
state department or institution owning or operating automobiles or trucks
shall have printed or painted in plain lettering of a size so as to be
readily read the name of the department or institution owning or
operating the vehicle, followed by the words “State of Oregon.”

(2) A vehicle need not be marked as required by subsection (1) of
this section and need bear only such evidence of registration as is
required on privately owned vehicles if:

(a) In the opinion of the Director of the Oregon Department of
Administrative Services, the marking of the vehicle as required by
subsection (1) of this section would unduly hinder the department or
institution owning or operating the vehicle in carrying out its duties
and functions; and

(b) The department has approved in writing the operation of the
particular vehicle without being marked as required by subsection (1) of
this section.

(3) Notwithstanding subsection (1) of this section, the department
shall, upon request of any state law enforcement agency or state parole
or probation agency for which the department obtains vehicles, obtain for
the agencies vehicles that are not marked as required by subsection (1)
of this section and that have registration described in ORS 805.060.
[Formerly 291.724; 1987 c.6 §3; 1993 c.741 §118](1) No person shall drive, operate or use, or
authorize or permit any person to drive, operate or use, any motor
vehicle as defined in ORS 283.305 for any purpose except for official
state business as defined in ORS 283.305 and by rule of the Oregon
Department of Administrative Services.

(2) The department shall adopt rules to distinguish private from
public purposes. [Formerly 291.726; 1991 c.176 §5; 1993 c.335 §10]MASTER ASBESTOS MANAGEMENT PLAN The Legislative Assembly
finds and declares that:

(1) Asbestos has been found to be a human carcinogen. There is no
known safe level for human exposure to asbestos. Ailments caused by
asbestos can become manifest many years after exposure.

(2) In a decayed or damaged state, asbestos can pose a health risk
to employees, inmates, patients or residents of state institutions. This
state does not know where asbestos-containing materials exist in its
buildings nor in what condition those materials are to be found.

(3) It is the goal of the Legislative Assembly to assure that state
facilities are safely maintained and operated. It is, therefore, the
policy of the Legislative Assembly that:

(a) A Master Asbestos Management Plan be developed that will assure
orderly well-reasoned asbestos control and abatement.

(b) As any conditions of immediate hazard to health become known,
they be acted on promptly in accordance with the Master Asbestos
Management Plan.

(c) The plan include standards for employee awareness and training.

(d) The Oregon Department of Administrative Services be the agency
to develop and centrally manage the plan for this state.

(e) Each agency cooperate fully in carrying out the plan.

(f) The State of Oregon engage in a long-term commitment to control
the asbestos hazard in state facilities through control and abatement.
[1989 c.1037 §1]Note: 283.415 to 283.425 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 283 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. As used in ORS
283.415 to 283.425, unless the context requires otherwise:

(1) “Agency” means each branch, institution, department, board or
commission of the state which owns, leases or operates facilities capable
of containing asbestos.

(2) “Asbestos abatement” means measures to control fiber release
from asbestos-containing materials, including its removal, encapsulation
and enclosure.

(3) “Department” means the Oregon Department of Administrative
Services. [1989 c.1037 §2; 1993 c.500 §42]Note: See note under 283.415.The Oregon Department of Administrative
Services shall develop and administer standards, plans and procedures for
the abatement of asbestos by all agencies in all state-owned, leased or
operated facilities. Standards, plans and procedures include development
of:

(1) A survey of all state-owned, leased or operated facilities to
identify the presence, nature and condition of or the absence of
asbestos-containing materials in each one.

(2) An establishment of priorities of facilities for abatement in
order of the nature or extent of asbestos exposure they present.

(3) Specifications and standards for acceptable asbestos abatement
practices, projects and materials management.

(4) A checklist to guide and advise agency investigation, planning
and implementation of asbestos abatement.

(5) Standard bid specifications, criteria for awarding bids and
contract language for asbestos related contracts.

(6) A state government emergency response plan to deal with any
facilities presenting extreme and immediate risk.

(7) Employee awareness, training and worker protection plans.

(8) Such other standards, plans and procedures as the department
may require for the safe and economical abatement of asbestos by
agencies. [1989 c.1037 §3; 2005 c.22 §202]Note: See note under 283.415. Each
agency shall take the necessary steps for abatement of asbestos in its
facilities in conformance with the standards, plans and procedures
approved by the Oregon Department of Administrative Services. Those steps
shall include:

(1) Making inspections and providing information as requested by
the department.

(2) Scheduling its structures for necessary abatement consistent
with the department’s priorities.

(3) Contracting for or performing any necessary abatement in
accordance with department standards, plans and procedures for abatement.

(4) Training appropriate agency employees to recognize and work
safely with asbestos-containing materials to comply with applicable
regulations of the Department of Consumer and Business Services and
Department of Environmental Quality. [1989 c.1037 §4; 1993 c.744 §224]Note: See note under 283.415. The expenses of the Oregon
Department of Administrative Services, as approved by the Legislative
Assembly or the Emergency Board, for developing and administering the
state’s plans for asbestos abatement and for property damage recovery
litigation by the Department of Justice, unless the Legislative Assembly
or the Emergency Board provides otherwise, shall be paid by assessment
against the agencies owning, leasing or operating facilities based on
square footage of affected buildings and lineal footage of affected
tunnels. [1989 c.1037 §5]Note: See note under 283.415. The costs of asbestos property damage
recovery litigation incurred by the Department of Justice shall be
charged to the Oregon Department of Administrative Services pursuant to
ORS 180.160 and 180.170. [1989 c.1037 §6]Note: See note under 283.415.INFORMATION TECHNOLOGY The Legislative Assembly declares it to be the
policy of the State of Oregon:

(1) To use information technology in education, health care,
economic development and government services to improve economic
opportunities and quality of life for all Oregonians regardless of
location or income.

(2) To stimulate demand to encourage and enable long-term
infrastructure innovation and improvement.

(3) That telecommunications planning process shall:

(a) Organize users in new ways to aggregate demand, reduce costs
and create support networks;

(b) Encourage collaboration between communities of interest by
geographic area and economic sector; and

(c) Encourage competition among technology and service providers.
[1995 c.634 §1]Note: 283.500 to 283.520 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 283 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.

(1) The Oregon Department of Administrative Services shall coordinate the
consolidation and operation of all telecommunications systems used by the
state and state agencies. Notwithstanding any other provision of law, no
agent or agency of the state shall construct, purchase or otherwise gain
access to a telecommunications system without the prior approval of the
department.

(2) The department shall coordinate the consolidation and operation
of emergency telecommunications systems used by the state and state
agencies. The provisions of this section shall not be construed to
require consolidation of telecommunications systems used by emergency
service providers, as defined by the department, into nonemergency
networks. [1995 c.634 §2]Note: See note under 283.500. (1)
As used in this section:

(a) “Advanced digital communications” means equipment, facilities
and capability to distribute digital communications signals for the
transmission of voice, data, image and video over distance.

(b) “Telecommunications provider” means any person capable of
providing advanced digital communications including, but not limited to,
a telecommunications utility as defined in ORS 759.005, a competitive
telecommunications provider as defined in ORS 759.005, a cable television
provider or an interstate telecommunications provider.

(2) Notwithstanding ORS chapters 279A, 279B and 279C, the Oregon
Department of Administrative Services by contract shall acquire advanced
digital communications services from telecommunications providers or a
consortium of such providers. Contracts under this section shall provide
that all responsibility for construction, installation, operation and
maintenance of the network shall remain with the contracting provider.

(3) Upon installation of an advanced digital communications
network, the Oregon Department of Administrative Services shall provide
all telecommunications services and operations for the state and its
agencies. The department shall not approve the procurement of any
telecommunications system or equipment that is incompatible with the
network. [1995 c.634 §3; 2003 c.794 §233]Note: See note under 283.500.The Oregon Department of Administrative
Services annually shall review, in conjunction with each state agency,
the budget of that agency to identify agency funds to be used for travel
and transportation that may be used for telecommunications. If the
department determines that a portion of the agency travel and
transportation funds can be used more effectively through use of
telecommunications, without diminishing the affected agency’s existing
internal and external communications, the department shall make
recommendations to the Emergency Board as described in ORS 291.326 for
such action as the department determines necessary to dedicate the
identified agency travel and transportation funds for use in
telecommunications. The department shall make its recommendations to the
Emergency Board not later than January 1. [1995 c.634 §4]Note: See note under 283.500.(1) For the purposes of ORS 283.500 to 283.520, the Oregon
Department of Administrative Services may enter into a contract or
contracts with telecommunications service providers and equipment
manufacturers for the purchase, use or operation of telecommunications
equipment and services for a period not to exceed 10 years.

(2) For purposes of ORS 291.038, the Oregon Department of
Administrative Services may extend the benefits of telecommunications
contracts for networks, equipment and services to nonprofit organizations
that have been designated as communities of interest. [1995 c.634 §5;
1997 c.484 §1]Note: See note under 283.500.The Oregon Department of Administrative Services may enter
into an agreement or agreements to fund or otherwise acquire
telecommunications equipment and services by installment purchase or
lease purchase contracts as provided by ORS 276.218. [Formerly 283.190]Note: 283.524 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 283 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PENALTIESViolation of ORS 283.395 is a Class D violation. [Formerly part of 291.990; 1999 c.1051 §171]

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