ORS Chapter 283
Chapter 283 — InteragencyServices
2009 EDITION
INTERAGENCYSERVICES
PUBLICFACILITIES, CONTRACTING & INSURANCE
GENERALPROVISIONS
283.010 Definitions
283.020 Federallaws and rules govern when federal granted funds involved
283.076 OregonDepartment of Administrative Services Operating Fund
283.080 Specialrevolving fund for immediate payments; petty cash fund
CERTIFICATESOF PARTICIPATION FINANCING
283.085 Definitionsfor ORS 283.085 to 283.092
283.087 Financingagreements; limitations
283.089 Authorityof director regarding financing agreements
283.091 Governor’sbudget to include amount needed to pay amounts due on unpaid financingagreements
283.092 Effectof financing agreement on tax status
STATEAGENCY SERVICES
283.100 Dutyof department to provide administrative functions to state agencies; cost ofservices; payment
283.110 Furnishingby state agency to another state agency of services, facilities and materials;services, facilities or materials furnished to other persons; rules
283.120 Stateagency service unit; rules
283.130 “Agency”defined for ORS 283.140 and 283.143
283.140 Centraltelephone, telecommunications, mail, shuttle bus and messenger service forstate agencies; costs; rules
283.143 Surchargefor telecommunications services; purpose; exempt agencies
283.170 Saleof steam heat to certain museums
CONTROLAND REGULATION OF STATE-OWNED MOTOR VEHICLES
283.305 Definitionsfor ORS 283.305 to 283.350
283.310 Controland regulation of state-owned motor vehicles; rules; statement of use; limitson use
283.312 Provisionof state-owned vehicle to authorized agency driver; mileage limitsrequirements; exceptions; penalty for noncompliance
283.313 Adoptionof mileage limits for use and replacement of state-owned vehicles; procedurefor approving exceptions to requirement for provision of state-owned vehicle;rules
283.314 Replacementof state-owned vehicle when replacement mileage standard is exceeded
283.315 Establishingmotor pools
283.320 Transferto pool or sale of vehicles; reimbursement
283.325 Acquisitionof motor vehicles by department; assignment to state agencies
283.327 Useof alternative fuel; acquisition of vehicles using such fuel; safety standards
283.330 Departmentresponsible for motor vehicles under its control
283.335 Storage,repair and maintenance facilities; interagency agreements
283.337 Reportsto Department of Environmental Quality and State Department of Energy; content
283.340 Policy;rules; keeping records
283.343 Complianceexamination on use of state-owned vehicles
283.345 Useof privately owned vehicles; rules
283.350 Useof Oregon Department of Administrative Services Operating Fund for automotivepurposes
283.390 State-ownedvehicles to be marked; exceptions
283.395 Drivingstate-owned vehicles for private purposes prohibited; rules
MASTERASBESTOS MANAGEMENT PLAN
283.415 Legislativefindings; policy
283.417 Definitionsfor ORS 283.415 to 283.425
283.419 Departmentto develop and administer asbestos abatement standards, plans and procedures
283.421 Agencyresponsibility for abatement of asbestos
283.423 Expensesof department
283.425 Costsof litigation
INFORMATIONTECHNOLOGY
283.500 Policy
283.505 Coordinationof telecommunications systems
283.510 Acquisitionof advanced digital communications network
283.515 Useof agency travel and transportation funds for telecommunications services
283.520 Contractsfor telecommunications equipment and services not to exceed 10 years; contractbenefits for certain nonprofit organizations
283.524 Agreementsto fund or acquire telecommunications equipment and services
PENALTIES
283.990 Penalties
GENERALPROVISIONS
283.010Definitions.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 AdministrativeServices.
(3)“State agency” or “agency” has the meaning given such term in ORS 291.002. [1967c.419 §17; 1975 c.345 §1; 1977 c.717 §19; 1989 c.224 §47; 1991 c.93 §2; 1993c.500 §36; 1997 c.249 §84]
283.020Federal laws and rules govern when federal granted funds involved. In all caseswhere federal granted funds are involved, the federal laws, rules andregulations applicable thereto shall govern notwithstanding any provisions tothe contrary in this chapter. [1967 c.419 §18]
283.030 [1967 c.419 §19;repealed by 1993 c.500 §2a]
283.040 [1967 c.419 §20;1973 c.792 §9; repealed by 1993 c.500 §2a]
283.050 [1967 c.419 §21;repealed by 1993 c.500 §2a]
283.060 [1967 c.419 §22;repealed by 1993 c.500 §2a]
283.070 [1975 c.447 §5;repealed by 1989 c.97 §1]
283.075 [1981 c.106 §9;repealed by 1989 c.84 §4 (283.076 enacted in lieu of 283.075)]
283.076Oregon Department of Administrative Services Operating Fund. (1) There isestablished the Oregon Department of Administrative Services Operating Fund inthe State Treasury, separate and distinct from the General Fund. The moneys inthe Oregon Department of Administrative Services Operating Fund may be investedas provided in ORS 293.701 to 293.820. Interest earnings on the fund assetsshall be credited to the fund.
(2)Amounts in the fund are continuously appropriated for and shall be used for thepurposes authorized by law. It is the legislative intent that, except asotherwise provided by law, all activities using the Oregon Department ofAdministrative Services Operating Fund shall be self-supporting and the OregonDepartment of Administrative Services shall keep the necessary records to showthe status of each activity.
(3)Unless otherwise provided by law, the cost to the Oregon Department ofAdministrative Services of providing services, including labor, facilities andmaterials to any state agency, including itself, the cost of which is to becharged, in part or whole, to the agency served, may be advanced out of theOregon Department of Administrative Services Operating Fund. The costs advancedfrom the fund shall be reimbursed to the fund from the charges paid to thedepartment by the agency served.
(4)The department may estimate in advance the expenses that it will incur duringthe biennium for activities which operate out of the fund. Such expensesinclude necessary working capital and depreciation as determined by thedepartment. The department may render to each agency an invoice for its shareof such expenses for periods within the biennium. Each agency shall pay to thecredit of the Oregon Department of Administrative Services Operating Fund suchinvoice as an administrative expense from funds or appropriations available toit in the same manner as other claims against the state are paid. If theestimated expenses for any agency are more or less than actual expenses,including working capital and depreciation requirements, for the period coveredby the invoice, the difference shall be reflected in the next followingestimate of expenses.
(5)Notwithstanding subsection (4) of this section, all moneys collected by thedepartment as depreciation reserves for the properties identified in ORS276.004 shall be deposited to the Capital Projects Fund, and are continuouslyappropriated for the purposes set out in ORS 276.005 (1). [1989 c.84 §5(enacted in lieu of 283.075); 1993 c.500 §37]
283.080Special revolving fund for immediate payments; petty cash fund. (1) The OregonDepartment of Administrative Services may draw a warrant on the State Treasurerin favor of the Oregon Department of Administrative Services payable out of theOregon Department of Administrative Services Operating Fund established underORS 283.076 for the amount necessary to restore the special revolving fund tothe maximum authorized level of $10,000. The amount drawn shall be credited toa special revolving fund which shall be carried with the State Treasurer and shallbe used by the department when it is necessary or desirable to make immediatepayments.
(2)The Oregon Department of Administrative Services shall file at least once eachmonth a verified voucher covering current disbursements from the specialrevolving fund. The voucher shall be accompanied by an itemized statementshowing the names of the persons, firms or corporations to whom and thepurposes for which the disbursements were made.
(3)Upon receipt of the voucher, the Oregon Department of Administrative Servicesshall draw a warrant on the State Treasurer in favor of the Oregon Departmentof Administrative Services payable out of the Oregon Department ofAdministrative Services Operating Fund. The amount drawn shall be deposited inthe special revolving fund and shall be for a sum sufficient only to replenishthe special revolving fund.
(4)In addition to the authority provided in ORS 293.180, the Oregon Department ofAdministrative Services is authorized to establish petty cash funds, in anamount not to exceed $250, out of the special revolving fund from which smallcash disbursements, in payment of expenses, may be made. Periodically, arequest for reimbursement of disbursements shall be made. Upon receipt of thewarrant drawn on the State Treasurer, in favor of the Oregon Department ofAdministrative Services, payable out of the Oregon Department of AdministrativeServices Operating Fund, it shall be redeemed and the cash received used toreplenish 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]
CERTIFICATESOF PARTICIPATION FINANCING
283.085Definitions for ORS 283.085 to 283.092. As used in ORS 283.085 to 283.092:
(1)“Available funds” means funds appropriated or otherwise made available by theLegislative Assembly to pay amounts due under a financing agreement for thefiscal period in which the payments are due, together with any unexpendedproceeds of the financing agreement, and any reserves or other amounts whichhave been deposited in trust to pay amounts due under the financing agreement.
(2)“Credit enhancement agreement” means any agreement or contractual relationshipbetween the state and any bank, trust company, insurance company, suretybonding company, pension fund or other financial institution providingadditional credit on or security for a financing agreement or certificates ofparticipation authorized by ORS 283.085 to 283.092.
(3)“Director” means the Director of the Oregon Department of AdministrativeServices.
(4)(a)“Financing agreement” means a lease purchase agreement, an installment saleagreement, a loan agreement or any other agreement:
(A)To finance real or personal property that is or will be owned and operated bythe state or any of its agencies;
(B)To finance infrastructure related to a facility that is owned and operated bythe state;
(C)To finance infrastructure components that are owned or operated by a localgovernment agency of this state if the director determines that financing theinfrastructure will facilitate the construction or operation of an adult orjuvenile corrections facility or a public safety training facility owned andoperated 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 proceedsthat do not exceed the State Treasurer’s estimate of those liabilities based oninformation provided to the State Treasurer by the Public Employees RetirementSystem; 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 asecured party under ORS chapter 79, and, with respect to real property, therights of a trustee or lender under a lease authorized by ORS 283.089 (1)(e).
(7)“Software” means software and training and maintenance contracts related to theoperation of computing equipment.
(8)“Treasurer” means the State Treasurer. [1989 c.1032 §1; 1993 c.500 §39; 1997c.715 §3; 2001 c.718 §3; 2003 c.746 §9; 2007 c.783 §94]
Note: 283.085 to283.092 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 283 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
283.087Financing agreements; limitations. With the approval of the StateTreasurer, the Director of the Oregon Department of Administrative Services mayenter into financing agreements in accordance with ORS 283.085 to 283.092, andmay exercise the powers granted to a related agency, as defined in ORS286A.001, by ORS chapter 286A for bonds in connection with those financingagreements upon such terms as the director and the treasurer find to beadvantageous to the state. Financing agreements shall be subject to thefollowing limitations:
(1)Amounts payable by the state under a financing agreement shall be limited toavailable funds. In no circumstance shall the state be obligated to pay amountsdue under a financing agreement from any source other than available funds. Ifthere are insufficient available funds to pay amounts due under a financingagreement, the lender may exercise any property rights which the state hasgranted to it in the financing agreement, against the property which waspurchased with the proceeds of the financing agreement, and apply the amountsso received toward payments scheduled to be made by the state under thefinancing agreement.
(2)No property rights may be granted in property unless the property is beingacquired, substantially improved or refinanced with the proceeds of a financingagreement, or is land on which such property is located.
(3)The principal amount of financing agreements entered into by the state pursuantto ORS 283.085 to 283.092 shall be treated as an amount of bonds and is subjectto ORS 286A.035.
(4)The limitations of subsection (3) of this section shall not apply to financingagreements which are used to refinance previously executed financingagreements. The expenditure of funds used to finance previously executedfinancing agreements and pay the costs incurred to issue the new financingagreements shall be recorded using administrative budget limitations.
(5)The state or any state agency shall not enter into financing agreements underany provision of law other than ORS 283.085 to 283.092 if the principal amountof the financing agreement, together with the principal amount of any financingagreement previously issued by the state or a state agency for the sameproject, exceeds $100,000.
(6)Upon the request and with the approval of the Chief Justice of the SupremeCourt or the State Court Administrator, the Director of the Oregon Departmentof Administrative Services may enter into financing agreements in accordancewith ORS 283.085 to 283.092, on behalf of the Judicial Department. [1989 c.1032§2; 1991 c.642 §4; 1991 c.790 §20; 1993 c.500 §40; 1993 c.635 §3; 2003 c.746 §10;2007 c.783 §95]
Note: See note under283.085.
283.089Authority of director regarding financing agreements. (1) With theapproval of the State Treasurer, the Director of the Oregon Department ofAdministrative Services may:
(a)Enter into agreements with trustees to hold financing agreement proceeds,payments and reserves as security for lenders, and to issue certificates ofparticipation in the right to receive payments due from the state under afinancing agreement. Amounts held with a trustee shall be invested by thetrustee at the direction of the State Treasurer. Interest earned on anyinvestments held by a trustee as security for a financin