68th Oregon Legislative Assembly--1995 Regular Session
Senate Bill 994
Sponsored by Senators Hamby, Kennemer, Representatives Adams, Wooten
An Act
Relating to telecommunications; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
SECTION 2.
(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.
SECTION 3.
(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.(2) Notwithstanding ORS 279.005 to 279.111 and 279.310 to 279.320, 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.
(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.
(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.
SECTION 4.
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.
SECTION 5.
For the purposes of this Act, 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.
SECTION 6.
(1) There is established in the office of the Governor the Assistant to the Governor for Telecommunications Policy who shall be appointed by the Governor to serve at the pleasure of the Governor. The assistant shall, with the advice of the Oregon Telecommunications Forum Council, advise the Governor on telecommunications policy and planning. The assistant shall be authorized to sign nondisclosure agreements with private telecommunications goods and services providers to protect proprietary information. Proprietary information shall not be included in or referred to in any reports submitted by the assistant.(2)
(a) The Assistant to the Governor for Telecommunications Policy shall be a person with knowledge of advanced digital communications technologies and experience working with telecommunications service providers, planning telecommunications services and working with diverse user groups.(3)
(b) The Assistant to the Governor for Telecommunications Policy shall prepare and submit a report to the Governor and appropriate legislative committees not later than October 15, 1996. The report shall contain the Oregon Telecommunications Forum Council's assessment of the state of telecommunications in Oregon in relation to the policy objectives in section 1 of this Act and recommendations for public and private actions to carry out these policy objectives.
(a) The Oregon Telecommunications Forum Council is established. The Governor shall appoint the Oregon Telecommunications Forum Council. The council shall be composed of persons broadly representative of telecommunications services providers and user groups from the public, private and nonprofit sectors.(4) The council shall:
(b) Members of the Oregon Telecommunications Forum Council shall serve at the pleasure of the Governor.
(a) Establish a vision for the telecommunications infrastructure in Oregon and develop short-term strategies and long-term plans for achieving the vision.(5) The council shall implement the provisions of subsection (4) of this section in accordance with the policy objectives described in section 1 of this Act and with the following goals:
(b) Establish benchmarks to monitor progress toward the goals established in subsection (5) of this section, and report on such benchmarks to the Oregon Progress Board.
(c) Maintain a clearinghouse of information regarding the availability of Oregon's telecommunications infrastructure and user support services, including maintaining an inventory of existing networks, technologies and providers and matching potential projects with potential sources.
(d) Encourage, facilitate and support the formation of communities of interest in the state based on their telecommunications needs and actively seek the input of these communities on telecommunications needs and barriers.
(e) Encourage partnerships among public, private and nonprofit telecommunications consumers and providers.
(f) Support and encourage education and training opportunities relating to telecommunications.
(a) Ensuring that all Oregonians have affordable access to an integrated telecommunications infrastructure that provides voice, data and image information services.
(b) Ensuring that rural and urban Oregonians have affordable access and adequate support to make effective use of voice, data and image information services for meeting their economic and quality of life aspirations.
(c) Expanding access to lifelong educational and training opportunities so that Oregon's citizens and workforce can function in the emerging information society.
(d) Increasing the quality of local health care available in all areas of the state.
(e) Stimulating and supporting information-based economic development that improves economic opportunity.
(f) Expanding citizen access to government information.
(g) Increasing the speed and quantity of business-to-business information necessary for competition.
SECTION 7.
In implementing the provisions of this Act, the Oregon Department of
Administrative Services and the Assistant to the Governor for
Telecommunications Policy shall seek methods for using state resources
and investments to bring the benefits of advanced telecommunications to
rural communities and to increase the use of telecommunications in
commerce in the state.
SECTION 8.
The Oregon Telecommunications Forum Council established in section 6 of
this Act may accept contributions of funds and assistance from the
United States or its agencies, or from any other source, public or
private, and agree to conditions thereon not inconsistent with the
purposes of the council. All such funds are to aid in financing the
functions of the council and shall be deposited in the General Fund of
the State Treasury to the credit of separate accounts for the council
and shall be disbursed for the purpose for which contributed in the
same manner as funds appropriated for the council.
SECTION 9.
Notwithstanding any other law, the limitation on expenditures
established by section 3, chapter 232, Oregon Laws 1995 (Enrolled House
Bill 5012), for the biennium beginning July 1, 1995, as the maximum
limit for the payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, excluding federal funds, collected or
received by the Office of the Governor, is increased by $133,500 to
carry out the provisions of this Act.
SECTION 10.
This Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this
Act takes effect July 1, 1995.
Passed by Senate May 15, 1995
Repassed by Senate June 9, 1995
Passed by House June 8, 1995
Signed by Governor July 17, 1995