Chapter 276A — Chapter 276A
62 sections in this chapter.
ORS 276A.200 Legislative findings on information resources. The Legislative Assembly finds and declares that
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(1) Information is a strategic asset of the state that must be managed as a valuable state resource. (2) The expanding need, use and importance of information resources in this state require strong and effective management by both individual agencies and the state as a whole. (3)…
ORS 276A.203 State Chief Information Officer; qualifications; duties; Enterprise Information Resources Management Strategy; rules. (1) The office of Enterprise Information Services is established in the Oregon Department of Administrative Services. The office shall be managed by the State Chief Information Officer. The office shall direct, coordinate and oversee state information technology and telecommunications in accordance with ORS 276A.206 and other statutes, rules and policies that govern the state’s or state agencies’ budgeting, planning, acquiring, managing, overseeing and using telecommunications and information technology
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(2) The Governor shall appoint the State Chief Information Officer, who serves at the pleasure of the Governor. The State Chief Information Officer may adopt rules in accordance with ORS chapter 183 to exercise and carry out the duties, functions and powers committed to the State…
ORS 276A.206 Oversight of state information and telecommunications technology by State Chief Information Officer; policy; rules; application for designation as community of interest. (1)(a) The State Chief Information Officer shall oversee and coordinate the planning, budgeting, architecture and standardization, consolidation, acquisition and oversight of all information and telecommunications technology by state government and agencies of state government so that statewide and individual state agencies’ plans and activities are addressed in the most integrated, economic and efficient manner, in a manner that minimizes duplication, fragmentation, redundancy and cost in state government operations and in a manner that most effectively meets state government and state agency program needs
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(b)(A) Except as otherwise provided by law, the office of the Secretary of State and the office of the State Treasurer, in collaboration with the State Chief Information Officer, shall develop and adopt plans, policies, standards and procedures for budgeting, planning, procuring,…
ORS 276A.209 State Information Technology Operating Fund. (1) There is established the State Information Technology Operating Fund in the State Treasury, separate and distinct from the General Fund. The moneys in the State Information Technology Operating Fund may be invested as provided in ORS 293.701 to 293.857. Interest earnings on the fund assets must be credited to the fund
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(2) The Director of the Oregon Department of Administrative Services shall deposit into the State Information Technology Operating Fund moneys for enterprise information technology and telecommunications that are appropriated to the Oregon Department of Administrative Services an…
ORS 276A.223 Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative; reports; exceptions. (1) As used in this section
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(a)(A) “Information technology initiative” means a project to develop or provide, with a state contracting agency’s or public corporation’s own personnel and resources, or to obtain by means of a procurement or set of related procurements: (i) New hardware, software or services f…
ORS 276A.226 State agency funding requests for information technology; review by State Chief Information Officer and Enterprise Information Services; priority rankings; biennial report. (1) As used in this section
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(a) “Information technology” means all present and future forms of hardware, software and services for data processing, office automation and telecommunications. (b) “State agency” means a board, commission, department, division, office or other entity within the executive depart…
ORS 276A.230 Definitions. As used in ORS 276A.233 and 276A.236
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(1) “Executive department” has the meaning given that term in ORS 174.112. (2) “Information technology” includes, but is not limited to, all present and future forms of hardware, software and services for data processing, office automation and telecommunications. (3) “State agenc…
ORS 276A.233 Information technology portfolio-based management; inventory; standards; rules; exception. (1) The purposes of information technology portfolio-based management are to
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(a) Ensure that state agencies link the state agencies’ information technology investments with business plans; (b) Facilitate risk assessment of information technology projects and investments; (c) Ensure that state agencies justify information technology investments on the basi…
ORS 276A.236 Enterprise information resources management; adoption and implementation of strategy; state agency information technology initiatives costing more than $1 million. (1) The purpose of enterprise information resources management is to create a plan and implement a state government-wide approach for managing distributed information technology assets to minimize total ownership costs from acquisition through retirement, while realizing maximum benefits for transacting the state’s business and delivering services to the residents of this state
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(2) With input and recommendations from state agencies, the State Chief Information Officer each biennium shall adopt an Enterprise Information Resources Management Strategy in accordance with ORS 276A.203. The Enterprise Information Resources Management Strategy must, among othe…
ORS 276A.239 Portfolio-based management of information technology resources for Secretary of State. (1) The Secretary of State shall implement portfolio-based management of information technology resources, as described in this section, to
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(a) Ensure that the Office of the Secretary of State links its information technology investments with business plans; (b) Facilitate risk assessment of information technology projects and investments; (c) Ensure that the office justifies information technology investments on the…
ORS 276A.242 Portfolio-based management of information technology resources for State Treasurer. (1) The State Treasurer shall implement portfolio-based management of information technology resources, as described in this section, to
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(a) Ensure that the office of the State Treasurer links its information technology investments with business plans; (b) Facilitate risk assessment of information technology projects and investments; (c) Ensure that the office justifies information technology investments on the ba…
ORS 276A.250 Definitions. As used in ORS 276A.250 to 276A.262, “state agency” means any officer, board, commission, department, division or institution of state government, as defined in ORS 174.111. [Formerly 184.480]
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[Repealed or reserved.]
ORS 276A.253 Oregon transparency website. (1)(a) The State Chief Information Officer shall maintain and make available an Oregon transparency website. The website must allow any person to view information that is a public record and is not exempt from disclosure under ORS 192.311 to 192.478, including but not limited to information described in subsection (3) of this section. The State Chief Information Officer shall provide on the home page of the website a method for users to offer suggestions regarding the form or content of the website
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(b) The Oregon Department of Administrative Services shall assist the State Chief Information Officer in performing duties under paragraph (a) of this subsection to the extent the State Chief Information Officer deems the assistance necessary. (2) State agencies and education ser…
ORS 276A.256 Reports of tax expenditures connected to economic development. (1) For each statute that authorizes a tax expenditure with a purpose connected to economic development and that is listed in subsection (2) of this section, the state agency charged with certifying or otherwise administering the tax expenditure shall submit a report to the State Chief Information Officer. If a statute does not exist to authorize a state agency to certify or otherwise administer the tax expenditure, or if a statute does not provide for certification or administration of the tax expenditure, the Department of Revenue shall submit the report
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(2) This section applies to: (a) ORS 285C.175, 285C.362, 285C.409, 307.123, 307.455, 315.141, 315.331, 315.336, 315.341, 315.506, 315.507, 315.514, 315.533, 316.698, 316.778, 317.124, 317.391 and 317.394 and sections 1 to 5, chapter 112, Oregon Laws 2016. (b) Grants awarded under…
ORS 276A.259 Transparency Oregon Advisory Commission; members; duties; terms; reports. (1) There is created the Transparency Oregon Advisory Commission consisting of nine members appointed as follows
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(a) The President of the Senate shall appoint two members from among members of the Senate, one from the majority party and one from the minority party. (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives, o…
ORS 276A.262 Transparency Oregon Advisory Commission Fund. (1) The Transparency Oregon Advisory Commission 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 commission
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(2) There is established in the State Treasury, separate and distinct from the General Fund, the Transparency Oregon Advisory Commission Fund. The fund consists of moneys received by the commission under this section and such other moneys as may otherwise be made available by law…
ORS 276A.270 Definitions. As used in this section and ORS 276A.273 and 276A.276
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(1) “Electronic government portal” means an electronic information delivery system accessible by means of the Internet that a state agency designates officially as a means by which the state agency delivers information, products or services. (2) “Electronic government portal prov…
ORS 276A.273 Electronic Government Portal Advisory Board. (1) There is created the Electronic Government Portal Advisory Board consisting of 13 members appointed as follows
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(a) The President of the Senate shall appoint two nonvoting members from among members of the Senate. (b) The Speaker of the House of Representatives shall appoint two nonvoting members from among members of the House of Representatives. (c) The Governor shall appoint: (A) Three …
ORS 276A.276 Ability to offer government services through portal; portal provider fee; rules. (1) The State Chief Information Officer, with the advice of the Electronic Government Portal Advisory Board, shall provide the ability for state agencies to offer government services by means of an electronic government portal. The electronic government portal must be secure and must comply with the information security rules, policies and standards that the State Chief Information Officer adopts under ORS 276A.300 and meet the usability standards developed in cooperation with the advisory board
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(2) For the purposes of subsection (1) of this section, the State Chief Information Officer, under the provisions of the Public Contracting Code, may contract with an electronic government portal provider in a manner that is consistent with the State Chief Information Officer’s r…
ORS 276A.300 Information systems security in executive department; rules. (1) As used in this section
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(a) “Executive department” has the meaning given that term in ORS 174.112. (b) “Information systems” means computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information wit…
ORS 276A.303 Information systems security for Secretary of State, State Treasurer and Attorney General. (1) Notwithstanding ORS 276A.300, the Secretary of State, the State Treasurer and the Attorney General have sole discretion and authority over information systems security in their respective agencies, including the discretion and authority to take all measures that are reasonably necessary to protect the availability, integrity or confidentiality of information systems or the information stored in information systems
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(2) The Secretary of State, the State Treasurer and the Attorney General shall each establish an information systems security plan and associated standards, policies and procedures in collaboration with the State Chief Information Officer as provided in ORS 276A.300. (3) The plan…
ORS 276A.306 Information security incidents and assessments; reports. (1) As used in this section
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(a) “Information resources” means data and the means for storing, retrieving, connecting or using data, including but not limited to records, files, databases, documents, software, equipment and facilities that a state agency owns or leases. (b) “Information security assessment” …
ORS 276A.323 State agency coordination. (1) As used in this section
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(a) “Executive department” has the meaning given that term in ORS 174.112, except that “executive department” does not include: (A) The Secretary of State. (B) The State Treasurer. (C) The Attorney General. (D) The Oregon State Lottery. (E) Public universities listed in ORS 352.0…
ORS 276A.326 [2017 c.513 §3; 2021 c.17 §4; 2021 c.539 §29; repealed by 2023 c.489 §2 (276A.560 enacted in lieu of 276A.326)]
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[Repealed or reserved.]
ORS 276A.329 [2017 c.513 §4; repealed by 2023 c.489 §6 (276A.555 enacted in lieu of 276A.329)]
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[Repealed or reserved.]
ORS 276A.332 Authority of State Chief Information Officer to enter into agreements. Notwithstanding any other provision of law, the State Chief Information Officer may
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(1) Enter into any agreement, or any configuration of agreements, relating to state cybersecurity with any private entity or unit of government, or with any configuration of private entities and units of government. The subject of agreements entered into under this section may in…
ORS 276A.335 Moneys from federal government and other sources. (1) The State Chief Information Officer may accept from the United States Government or any of its agencies any funds that are made available to the state for carrying out the purposes of ORS 276A.323 to 276A.335, 276A.555 and 276A.560, regardless of whether the funds are made available by grant, loan or other financing arrangement. Under the authority granted by ORS chapter 190, the State Chief Information Officer may enter into agreements and other arrangements with the United States Government or any of its agencies as may be necessary, proper and convenient for carrying out the purposes of ORS 276A.323 to 276A.335, 276A.555 and 276A.560
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(2) The office of Enterprise Information Services may accept from any source any grant, donation, gift or other form of conveyance of land, money, real or personal property or other valuable thing made to the state or the office of Enterprise Information Services for carrying out…
ORS 276A.340 Definitions. As used in ORS 276A.340 to 276A.344
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(1) “Artificial intelligence” means a machine-based system that is capable, for a given set of human-defined objectives, of making predictions, recommendations or decisions influencing real or virtual environments and uses machine- or human-based inputs to: (a) Perceive real or v…
ORS 276A.342 State agencies prohibited from using covered products; risk mitigation; exceptions. (1) A covered product may not be
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(a) Installed or downloaded onto a state information technology asset; or (b) Used or accessed by a state information technology asset. (2) A state agency shall: (a) Remove any covered product that is installed or downloaded onto a state information technology asset that is under…
ORS 276A.344 Policies and standards; national security threat; rules. (1) The State Chief Information Officer shall adopt
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(a) Rules pertaining to the designation of a corporate entity as a covered vendor under ORS 276A.340 (3)(g); and (b) Policies and standards for state agencies to implement the provisions of ORS 276A.342. (2) The rules adopted under this section must include: (a) The definition of…
ORS 276A.346 Secretary of State prohibited from using covered products; risk mitigation; exceptions. (1) As used in this section
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(a) “Artificial intelligence” means a machine-based system that is capable, for a given set of human-defined objectives, of making predictions, recommendations or decisions influencing real or virtual environments and uses machine- or human-based inputs to: (A) Perceive real or v…
ORS 276A.348 State Treasurer prohibited from using covered products; risk mitigation; exceptions. (1) As used in this section
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(a) “Artificial intelligence” means a machine-based system that is capable, for a given set of human-defined objectives, of making predictions, recommendations or decisions influencing real or virtual environments and uses machine- or human-based inputs to: (A) Perceive real or v…
ORS 276A.350 Definitions. As used in ORS 276A.350 to 276A.371
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(1)(a) “Data” means final versions of statistical or factual information, including statistical or factual data about image files, that: (A) Is in alphanumeric form reflected in a list, table, graph, chart or other nonnarrative form that can be digitally transmitted or processed;…
ORS 276A.353 Chief Data Officer; duties; rules. (1) The State Chief Information Officer shall appoint a Chief Data Officer
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(2) The Chief Data Officer shall: (a) Maintain a central web portal for the publication of publishable data under ORS 276A.362. (b) Establish the open data standard as provided in ORS 276A.356. (c) Prepare and publish the technical standards manual as provided in ORS 276A.359. (d…
ORS 276A.356 Open data standard. (1) The Chief Data Officer appointed under ORS 276A.353 shall establish an open data standard for state agencies publishing publishable data on the web portal maintained under ORS 276A.353. A local or tribal government may adopt the standard. The standard must include
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(a) A format that permits public notification of updates whenever possible. (b) Requirements to update publishable data as often as is necessary to preserve the integrity and usefulness of publishable data. (c) The availability of publishable data without registration or license …
ORS 276A.359 Technical standards manual. (1) The Chief Data Officer appointed under ORS 276A.353 shall prepare and publish a technical standards manual for publishing data through the web portal maintained under ORS 276A.353. The manual must
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(a) Enable state agencies to make publishable data available to the greatest number of users and for the greatest number of applications and emphasize that state agencies must, whenever practicable, use open data standards for web publishing in a machine-readable format. (b) Iden…
ORS 276A.362 Release of publishable data on web portal; exemptions; rules. (1) A state agency that releases publishable data shall release the data on the web portal maintained under ORS 276A.353 in accordance with the open data standard and technical standards manual established by the Chief Data Officer under ORS 276A.356 and 276A.359. If a state agency cannot make all publishable data available on the web portal, the state agency shall report to the Chief Data Officer all publishable data that the agency is unable to make available and state the reasons why the agency is unable to make the data available and the date by which the agency expects the publishable data to be made available on the portal
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(2) The State Chief Information Officer shall adopt rules allowing a state agency to request an exemption from the requirements of subsection (1) of this section when: (a) The release of publishable data would subject the agency’s information systems to a substantial risk of cybe…
ORS 276A.365 Information management by state agencies. (1) A state agency shall manage information as a strategic asset throughout the information’s life cycle. To improve the management of information resources and reinforce the state’s presumption of openness, an agency shall
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(a) Collect or create information in a way that supports downstream processing and dissemination activities, including: (A) Using machine-readable and open formats; (B) Using data standards approved by the Chief Data Officer in the collection and creation of information in order …
ORS 276A.368 Purpose of data; limitation of liability; publishable data in public domain. (1) Publishable data available on the web portal maintained under ORS 276A.353 is provided for informational purposes only. The state does not warrant the completeness, accuracy, content or fitness for any particular purpose or use of publishable data made available on the web portal. No warranties may be implied or inferred with respect to the publishable data made available on the web portal
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(2) The state is not liable for any deficiencies in the completeness, accuracy, content or fitness for any particular purpose or use of publishable data made available on the web portal or by any third-party application utilizing publishable data. (3) All publishable data is in t…
ORS 276A.371 Obligations of state agency under public records law. ORS 276A.350 to 276A.371 do not supersede any obligation imposed on a state agency by ORS 192.311 to 192.478. [2017 c.720 §8]
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[Repealed or reserved.]
ORS 276A.374 Application to Secretary of State and State Treasurer; rules. The Secretary of State and the State Treasurer shall by rule adopt for each respective office requirements related to data that are the same as, or are similar to, the requirements established by ORS 276A.350 to 276A.371 and by rules adopted by the State Chief Information Officer or the Chief Data Officer under ORS 276A.350 to 276A.371. [2017 c.720 §9]
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TELECOMMUNICATIONS AND BROADBAND INTERNET ACCESS SERVICES
ORS 276A.400 Policy. The Legislative Assembly declares it to be the policy of the State of Oregon
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(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 infrastru…
ORS 276A.403 Coordination of telecommunications systems
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(1) The State Chief Information Officer shall coordinate, in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts, the consolidation and operation of all telecommunications syst…
ORS 276A.406 Acquisition of broadband and communications services. (1) As used in this section and ORS 276A.412 and 276A.421
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(a) “Broadband” means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Off…
ORS 276A.409 Use of agency travel and transportation funds for telecommunications services. The State Chief Information Officer annually shall review each state agency’s budget, in conjunction with the state agency, to identify funds that the state agency uses for travel and transportation that the state agency could instead use for telecommunications. If the State Chief Information Officer determines that a state agency could use a portion of the state agency’s travel and transportation funds more effectively by instead using telecommunications, without diminishing the affected agency’s existing internal and external communications, the State Chief Information Officer shall recommend to the Emergency Board as described in ORS 291.326 action that the State Chief Information Officer determines is necessary to dedicate the identified state agency travel and transportation funds for use in telecommunications. The State Chief Information Officer shall make the recommendations to the Emergency Board not later than January 1. [Formerly 283.515]
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[Repealed or reserved.]
ORS 276A.412 Contracts for telecommunications equipment and services not to exceed 10 years; exception for broadband infrastructure; contract benefits for designated communities of interest. (1) For the purposes of ORS 276A.400 to 276A.412, the State Chief Information Officer may, in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards, enter into a contract or contracts with telecommunications providers and equipment manufacturers for purchasing, using or operating telecommunications equipment and services for a period not to exceed 10 years
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(2) Notwithstanding subsection (1) of this section, the State Chief Information Officer may enter into a contract or a configuration of agreements related to broadband infrastructure, including leases, maintenance and operations of broadband transmission equipment, for a period t…
ORS 276A.415 Agreements to fund or acquire telecommunications equipment and services. The State Chief Information Officer may, in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards, enter into an agreement or agreements to fund or otherwise acquire telecommunications equipment and services by installment purchase or lease purchase contracts. [Formerly 283.524]
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[Repealed or reserved.]
ORS 276A.418 Public contracts for broadband Internet access service; prohibitions; exceptions; rules. (1) As used in this section
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(a)(A) “Broadband Internet access service” means: (i) A mass-market retail Internet access service provided by wire or radio that enables a person to transmit data to or receive data between the person’s customer premises equipment, including mobile devices, and all, or substanti…
ORS 276A.421 Provision of broadband services that compete with services of private telecommunications provider; circumstances of competition; broadband services advisory committee; rules. (1)(a) If the State Chief Information Officer determines that the broadband services and operations proposed to be provided by the State Chief Information Officer under ORS 276A.406 (2)(b) would directly compete with services already offered by a telecommunications provider, the State Chief Information Officer may only provide those services pursuant to the rules described in subsection (2) of this section
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(b) For the purposes of this section, broadband services are considered to be already offered by a telecommunications provider if the provider can demonstrate its ability to provide the broadband services in the geographic area to be served within a reasonable time and for a reas…
ORS 276A.424 Connecting Oregon Schools Fund; rules. (1) The Connecting Oregon Schools Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Connecting Oregon Schools Fund shall be credited to the fund
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(2) The Connecting Oregon Schools Fund consists of any moneys deposited in the fund from whatever source and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund. (3) Th…