2017 ORS 284.118¹
Commission exempt from certain financial administration laws
  • contracts with state agencies for services
  • personnel policies and contracting and purchasing procedures

(1) Except as provided in subsection (2) of this section, the provisions of ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity), 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Tourism Commission. The commission is subject to all other statutes governing a state agency that do not conflict with ORS 284.101 (Definitions for ORS 284.101 to 284.148) to 284.148 (Annual report to Legislative Fiscal Officer regarding transient lodging tax funds), including the tort liability provisions of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and the provisions of ORS chapter 183. The employees of the commission are included within the Public Employees Retirement System.

(2) Notwithstanding subsection (1) of this section, the following provisions apply to the commission:

(a) ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(b) ORS 292.495 (Compensation and expenses of members of state boards and commissions); and

(c) ORS 293.235 (“State agency” defined for ORS 293.240 and 293.245), 293.240 (Writing off uncollectible debts due state agency), 293.245 (Subsequent collection of debt written off under ORS 293.240), 293.250 (Collections Unit), 293.611 (Accounts and records of Secretary of State as Auditor of Public Accounts), 293.625 (Statements to be rendered to Secretary of State) and 293.630 (Date for closing accounts by persons who must make annual accounts).

(3) In carrying out the duties, functions and powers of the commission, the commission may contract with any state agency for the performance of duties, functions and powers as the commission considers appropriate. A state agency may not charge the commission an amount that exceeds the actual cost of those services. ORS 284.101 (Definitions for ORS 284.101 to 284.148) to 284.148 (Annual report to Legislative Fiscal Officer regarding transient lodging tax funds) do not require a state agency to provide services to the commission other than pursuant to a voluntary interagency agreement or contract.

(4) The commission shall adopt personnel policies and contracting and purchasing procedures. The Oregon Department of Administrative Services shall review those policies and procedures for compliance with applicable state and federal laws and collective bargaining contracts.

(5) Except as otherwise provided by law, members and employees of the commission are eligible to receive the same benefits as state employees and are entitled to retain their State of Oregon hire dates, transfer rights and job bidding rights, all without loss of seniority, and to the direct transfer of all accumulated state agency leaves. [Formerly 285A.269; 2012 c.107 §60]

1 Legislative Counsel Committee, CHAPTER 284—Organizations for Economic Development, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors284.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.