Bill Text: OR HB2211 | 2013 | Regular Session | Enrolled
Bill Title: Relating to state government information technology advisory bodies; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-05-13 - Chapter 100, (2013 Laws): Effective date May 13, 2013. [HB2211 Detail]
Download: Oregon-2013-HB2211-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2211
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Department of Administrative Services)
CHAPTER ................
AN ACT
Relating to state government information technology advisory
bodies; creating new provisions; amending ORS 171.855 and
291.038; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 291.038 is amended to read:
291.038. (1) The planning, acquisition, installation and use of
all information and telecommunications technology by state
government and agencies of state government shall be coordinated
so that statewide plans and activities, as well as those of
individual agencies, are addressed in the most integrated,
economic and efficient manner. { - To provide policy direction
for and coordination of information technology for state
government, the Director of the Oregon Department of
Administrative Services shall chair and appoint not fewer than
five agency executives to an Information Resources Management
Council. The council membership shall include at least two
members who represent the private sector and political
subdivisions of the state. - }
(2) To facilitate accomplishment of the purpose set forth in
subsection (1) of this section, the Oregon Department of
Administrative Services shall adopt rules, policies and standards
to plan for, acquire, implement and manage the state's
information resources. In developing rules, policies and
standards, the department shall consult with state agencies that
have needs that information resources may satisfy. State agencies
shall cooperate with the department in preparing and complying
with rules, policies and standards. The rules, policies and
standards must be formulated to promote electronic communication
and information sharing among state agencies and programs,
between state and local governments and with the public where
appropriate.
(3) Rules, policies, plans, standards and specifications must
be formulated to ensure that information resources fit together
in a statewide system capable of providing ready access to
information, computing or telecommunication resources. Plans and
specifications the department adopts must be based on industry
standards for open systems to the greatest extent possible.
Before adopting rules described in subsection (2) of this
section, the department shall present the proposed rules to the
appropriate legislative committee. The department has the
Enrolled House Bill 2211 (HB 2211-INTRO) Page 1
responsibility to review, oversee and ensure that state agencies'
planning, acquisition and implementation activities align with
and support the statewide information resources management plan.
The department is responsible for procuring information
technology fairly, competitively and in a manner that is
consistent with the department's rules.
(4)(a) The policy of the State of Oregon is that state
government telecommunications networks should be designed to
provide state-of-the-art services where economically and
technically feasible, using shared, rather than dedicated, lines
and facilities.
(b) The department shall, when procuring telecommunications
network services, consider achieving the economic development and
quality of life outcomes set forth in the Oregon benchmarks.
(5)(a) The department, upon request, may furnish and deliver
statewide integrated videoconferencing and statewide online
access service to a public or private entity that primarily
conducts activities for the direct good or benefit of the public
or community at large in providing educational, economic
development, health care, human services, public safety, library
or other public services. The department shall adopt rules with
respect to furnishing the service.
(b) The department shall establish the statewide integrated
videoconferencing and statewide online access user fees,
services, delivery, rates and long range plans { - in
consultation with the Stakeholders Advisory Committee created
pursuant to this section - } . The rates shall reflect the
department's cost in providing the service.
(c) The department by rule shall restrict the department's
furnishing or delivery of Internet access service to private
entities when the service would directly compete with two or more
local established providers of Internet access services within
the local exchange telecommunications service area.
(d) The rates and services established and provided under this
section are not subject to the Public Utility Commission's
regulation or authority.
{ - (6)(a) There is created the Stakeholders Advisory
Committee, consisting of a minimum of nine members appointed by
the Director of the Oregon Department of Administrative Services.
In making appointments, the director shall give consideration to
geographic balance and adequate representation of the
department's users and providers and the general public. - }
{ - (b) The committee must consist of members who represent
elementary or secondary education, higher education, community
colleges, economic development, health care, human services and
public safety. At least four members must reside in areas east of
the Cascade Mountains. - }
{ - (c) The term of office of each member is three years, but
a member serves at the sole discretion of the director. The
director shall appoint a successor to a member before the
member's term expires. A member is eligible for reappointment. If
a position on the committee is vacant for any cause, the director
shall make an appointment to the position that is immediately
effective for the unexpired term. - }
{ - (d) A member of the committee is entitled to travel
expenses pursuant to ORS 292.495. Members of the committee are
not entitled to compensation. - }
{ - (e) The director may establish additional advisory and
technical committees as the director considers necessary to aid
Enrolled House Bill 2211 (HB 2211-INTRO) Page 2
and advise the Stakeholders Advisory Committee in the performance
of the committee's functions. - }
{ - (f) The director may delegate to the State Chief
Information Officer a duty, function or power that this
subsection imposes upon the director. - }
{ - (7) - } { + (6) + } An organization or organizations
recognized as tax exempt under section 501(c)(3) of the Internal
Revenue Code that primarily conduct activities for the direct
good or benefit of the public or community at large in providing
educational, economic development, health care, human services,
public safety, library or other public services and have formed
an affiliation with one or more federal, state or local
governmental units within this state may apply to the department
for designation as a community of interest. The application must
be in the form prescribed by the department and contain
information regarding the governmental affiliation relationship,
the tax exempt status of each organization and the public benefit
services to be provided. The department shall establish an
application review and appeal process to ensure that designating
the organizations as a community of interest for the purposes of
including the organization in telecommunications contracts under
ORS 283.520 will result in providing educational, medical,
library or other services for public benefit.
{ - (8) - } { + (7) + } This section does not apply to the
State Board of Higher Education or any public university listed
in ORS 352.002.
{ - (9) - } { + (8) + } As used in this section:
(a) 'Information resources' means media, instruments and
methods for planning, collecting, processing, transmitting and
storing data and information, including telecommunications.
(b) 'Information technology' includes, but is not limited to,
present and future forms of hardware, software and services for
data processing, office automation and telecommunications.
(c) 'Internet access service' means electronic connectivity to
the Internet and the services of the Internet.
(d) 'Open systems' means systems that allow state agencies
freedom of choice by providing a vendor-neutral operating
environment where different computers, applications, system
software and networks operate together easily and reliably.
(e) 'State-of-the-art services' includes equipment, facilities
and the capability to distribute digital communication signals
that transmit voice, data, video and images over a distance.
(f) 'Telecommunications' means hardware, software and services
for transmitting voice, data, video and images over a distance.
(g) 'Statewide integrated videoconferencing' means a statewide
electronic system capable of transmitting video, voice and data
communications.
(h) 'Statewide online access' means electronic connectivity to
information resources such as computer conferencing, electronic
mail, databases and Internet access.
SECTION 2. ORS 171.855 is amended to read:
171.855. The Joint Legislative Committee on Information
Management and Technology shall:
(1) Establish statewide goals and policy regarding information
systems and technology, including telecommunications.
(2) Conduct studies of information management and technology
efficiency and security.
{ - (3) Review the activities of the Oregon Department of
Administrative Services, Information Resources Management
Council. - }
Enrolled House Bill 2211 (HB 2211-INTRO) Page 3
{ - (4) - } { + (3) + } Make recommendations regarding
established or proposed information resource management programs
and information technology acquisitions.
SECTION 3. { + The amendments to ORS 171.855 and 291.038 by
sections 1 and 2 of this 2013 Act are intended to abolish the
Information Resources Management Council and the Stakeholders
Advisory Committee. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2211 (HB 2211-INTRO) Page 4
Passed by House February 13, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 1, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2211 (HB 2211-INTRO) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2211 (HB 2211-INTRO) Page 6
