75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 259
 
                         House Bill 2500
 
Sponsored by Representatives ROBLAN, J SMITH, THATCHER, WHISNANT;
  Representatives BENTZ, BRUUN, CAMERON, ESQUIVEL, FREEMAN,
  GARRARD, GILLIAM, GILMAN, HANNA, HUFFMAN, KRIEGER, RICHARDSON,
  G SMITH, THOMPSON, WEIDNER, WINGARD, Senators FERRIOLI, GEORGE,
  KRUSE, MORSE, STARR, WHITSETT, WINTERS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs Oregon Department of Administrative Services to
establish single searchable website listing aggregate and
specific expenditures made and revenues received by state
agencies in executive, legislative and judicial branches of state
government.
  Directs state agencies to maintain expenditure transaction
register and monthly statement of all credit card receipts.
Directs Oregon Department of Administrative Services to include
link to registers and credit card statements from single
searchable website.
  Directs Oregon Department of Administrative Services to include
listing for each state agency of all full-time employee positions
grouped by class on single searchable website.
  Becomes operative January 1, 2010.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to public finance; and declaring an emergency.
  Whereas the Seventy-fifth Legislative Assembly finds that
taxpayers should be able to easily access the details on how the
state is spending their tax dollars and what performance results
are achieved for those expenditures; and
  Whereas the size of the state budget and the number of state
agencies continues to grow; and
  Whereas there currently is no single, easily accessible
searchable website that allows taxpayers to track state revenues
and expenditures; and
  Whereas the Seventy-fifth Legislative Assembly finds that the
creation of a single website searchable website detailing the
location, purpose and results of taxpayer investments in state
government is beneficial to our state; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 6 of this 2009 Act:
  (1) 'Class' means a group of employee positions sufficiently
similar in the duties performed, degree of supervision exercised
or received, minimum requirements of education or experience and
 
the knowledge, skills and abilities required to perform the
functions and duties of the position.
  (2) 'State agency' means any officer, board, commission,
department, division or institution in state government, as
defined in ORS 174.111. + }
  SECTION 2.  { + (1) The Director of the Oregon Department of
Administrative Services shall develop and make available a single
searchable website that allows any person to search and aggregate
the information described in subsection (2) of this section. The
website must be accessible without cost and contain plain, easily
understandable language.
  (2) The website shall include, for each year of a biennium:
  (a) Expenditures for each state agency, including but not
limited to:
  (A) The total amount of expenditures;
  (B) The total amounts expended from the General Fund and funds
or accounts separate and distinct from the General Fund;
  (C) The name of any person, other than an individual, to whom
an expenditure was made and the amount of the expenditure;
  (D) The source of the moneys for the expenditure;
  (E) The budget program or activity of the expenditure;
  (F) A description of the purpose of the expenditure;
  (G) The expected performance outcome for the expenditure;
  (H) A description of any past performance outcomes achieved for
a similar expenditure in a prior biennium;
  (I) The amount and nature of bond debt payments;
  (J) The total amount of salaries and wages paid to state agency
employees;
  (K) Amounts paid under contracts, not including amounts paid to
subcontractors; and
  (L) Amounts paid for capital improvements;
  (b) Revenues received by each state agency, including, but not
limited to:
  (A) The total amount of revenues received; and
  (B) Separately, the total amounts received from the General
Fund, lottery funds, federal funds, other dedicated funds or any
other sources;
  (c) A copy of any audit report issued by the Secretary of State
for each state agency;
  (d) Salaries and total compensation for all elected officials
in the executive department and legislative department as defined
in ORS 174.112 and 174.114; and
  (e) Any other information that the Oregon Department of
Administrative Services determines is relevant.
  (3) The director shall update the website described in
subsection (1) of this section for each year of the biennium not
later than 30 days following the close of each year of the
biennium. The director shall also update the website as new data
becomes available.
  (4) Each state agency shall provide to the director all data
that is required to be included in the website not later than 30
days after the data becomes available to the state agency. The
director shall provide guidance to state agencies to ensure
compliance with this subsection.
  (5) The director shall ensure that all data added to the
website remains accessible to the public for a minimum of 10
years from the date the data was added to the website.
  (6) Each state agency that maintains its own publicly
accessible website shall include on its website a link to the
website described in this section. + }
  SECTION 3. { +  (1) Each state agency shall maintain a
transaction register that includes a complete record of all
expenditures over $100, from whatever source and for whatever
purpose.
  (2) The Oregon Department of Administrative Services shall
maintain a link to each state agency transaction register from
the website described in section 2 of this 2009 Act. Each state
agency shall make the transaction register available to the
department for purposes of establishing and maintaining the link.
The register must be available for public viewing and
downloading.
  (3) The register must include for each expenditure:
  (a) The transaction amount;
  (b) The name of the payee; and
  (c) A detailed statement of the purpose of the expenditure.
  (4) The register may not include:
  (a) An entry for salary, wages or other compensation paid to
individual employees.
  (b) Any information that can be used to identify an individual
employee.
  (5) The register must be accompanied by a complete explanation
of any codes, abbreviations or acronyms used to identify a payee
or an expenditure.
  (6) The register must be searchable and updated at least once a
month. + }
  SECTION 4.  { + (1) Each state agency shall maintain a copy of
each monthly statement for all its credit cards, including credit
cards issued to its officers and employees for official use. The
Oregon Department of Administrative Services shall maintain a
link to each state agency monthly credit card statement from the
website described in section 2 of this 2009 Act. Each state
agency shall make the monthly credit card statement available to
the department for purposes of establishing and maintaining the
link.
  (2) The state agency shall redact the credit card number on
each statement before making the statement available to the
department.
  (3) Each credit card statement described in this section must
be made available from the link described in subsection (1) of
this section not later than the 30th day after the first date
that any portion of the balance due as shown on the statement is
paid. + }
  SECTION 5.  { + (1) Each year, on or before January 1, the
Oregon Department of Administrative Services shall list on the
website described in section 2 of this 2009 Act, for each state
agency, a listing of all state agency full-time positions grouped
by class.
  (2) The listing must provide the number of full-time employees,
average compensation in each class and the actual compensation
for each position receiving annual compensation equal to or more
than $50,000 per year.
  (3) The listing required under this section may not contain any
information that can be used to identify an individual
employee. + }
  SECTION 6.  { + Sections 1 to 6 of this 2009 Act may be cited
as the Taxpayer Transparency Act. + }
  SECTION 7.  { + On or before July 1, 2010, the Director of the
Oregon Department of Administrative Services shall add data for
the 2005-2007 and 2007-2009 biennia to the website created under
section 2 of this 2009 Act. + }
  SECTION 8.  { + (1) Sections 1 to 6 of this 2009 Act become
operative on January 1, 2010.
  (2) The Oregon Department of Administrative Services and a
state agency as defined in section 1 of this 2009 Act may take
any action before the operative date specified in subsection (1)
of this section that is necessary to enable the department or
agency to exercise, on and after the operative date specified in
subsection (1) of this section, all the duties, functions and
powers conferred on the department or agency by this 2009
Act. + }
  SECTION 9.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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