2017 ORS 285A.070¹
Oregon Business Development Department
  • organization
  • director
  • confirmation
  • duties and powers
  • rules

(1) The Oregon Business Development Department is established.

(2) The department shall be under the supervision of the Director of the Oregon Business Development Department, who shall be appointed by and shall hold office at the pleasure of the Governor.

(3) The appointment of the director shall be subject to confirmation by the Senate in the manner provided by ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(4) Subject to policy direction by the Oregon Business Development Commission, the director shall:

(a) Be the administrative head of the department;

(b) Administer the laws of the state relating to economic development; and

(c) Intervene, as authorized by the commission, pursuant to the rules of practice and procedure, in the proceedings of state and federal agencies that may substantially affect economic development within Oregon.

(5) In addition to duties otherwise required by law, and subject to policy direction by the commission, the director shall prescribe rules for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property, based on best managerial practices as determined by the director and in a manner consistent with applicable law.

(6) The director shall organize the department in whatever manner the director considers necessary to conduct the work of the department efficiently and effectively, subject to approval by the commission.

(7) The director may appoint all subordinate officers and employees of the department and may prescribe their duties, assignments and reassignments and fix their compensation, subject to any applicable provisions of the State Personnel Relations Law. Subject to any other applicable law regulating travel expenses, the officers and employees of the department shall be allowed such reasonable and necessary travel and other expenses as may be incurred in the performance of their duties.

(8) The director may delegate the exercise or discharge of any power, duty or function that is vested in or imposed by law upon the director to any department employee for the purpose of conducting an official act in the name of the director. The official act of any person acting in the name of the director by the authority of the director is an official act of the director.

(9) The director may require a fidelity bond of any officer or employee of the department who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond. The director shall fix the amount of the bond, except as otherwise provided by law, and approve the sureties. The department shall pay the premiums on the bond.

(10) The commission shall report periodically to the Governor on the director’s performance and make appropriate recommendations. [Formerly 285.033; 1999 c.509 §7; 2007 c.804 §7; 2009 c.830 §15]

Note: Sections 1 and 3 to 5, chapter 782, Oregon Laws 2009, provide:

Sec. 1. (1) The Oregon Broadband Advisory Council is established within the Oregon Business Development Department. The council consists of 14 members, of whom:

(a) The Governor shall appoint 12 members as follows:

(A) One member to represent the counties of this state.

(B) One member to represent the cities of this state.

(C) Three members to represent telecommunications service providers and Internet service providers in this state. At least one member must represent rural telecommunications consortia.

(D) One member to represent Oregon tribes.

(E) One member to represent education.

(F) One member to represent economic development.

(G) One member to represent public safety.

(H) One member to represent health.

(I) One member to represent the State Chief Information Officer.

(J) One member from the Public Utility Commission.

(b) The Speaker of the House of Representatives shall appoint one nonvoting member who is a member of the House of Representatives.

(c) The President of the Senate shall appoint one nonvoting member who is a member of the Senate.

(2) The term of office of each voting member is four years, but a voting member serves at the pleasure of the Governor. Before the term of a voting member expires, the Governor shall appoint a successor whose term begins on January 1 next following. A voting member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment that becomes immediately effective for the unexpired term.

(3) The nonvoting legislative members shall serve two-year terms and are eligible for reappointment.

(4) Members of the council who are not members of the Legislative Assembly are not entitled to compensation, but voting members may be paid expenses if funding is available from contributions the Oregon Business Development Department accepts under section 3 (2), chapter 782, Oregon Laws 2009.

(5) Members of the council who are members of the Legislative Assembly are entitled to compensation and expense reimbursement as provided in ORS 171.072 (Salary of members and presiding officers).

(6) The council shall select one of the council’s voting members as chairperson and another voting member as vice chairperson, for such terms and with duties and powers necessary for performing the functions of the offices as the council determines.

(7) A majority of the voting members of the council constitutes a quorum for transacting business.

(8) The council shall meet at least once every three months at a place, day and hour determined by the council. The council may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the council.

(9) A majority of the voting members of the council must approve official action by the council. The council may recommend legislation, which must be prepared in time for presession filing by December 15 of the year preceding an odd-numbered year regular session of the Legislative Assembly.

(10) The Oregon Business Development Department shall provide staff or facilities to the council.

(11) The State Chief Information Officer, the Public Utility Commission and the Department of Education may provide staff or facilities to the council.

(12) All agencies of state government, as defined in ORS 174.111 (“State government” defined), shall assist the council in the performance of the council’s duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform the members’ duties. [2009 c.782 §1; 2011 c.272 §9; 2011 c.545 §3; 2015 c.807 §33]

Sec. 3. (1) The Oregon Broadband Advisory Council Fund is established, separate and distinct from the General Fund. Interest earned by the Oregon Broadband Advisory Council Fund shall be credited to the fund. Moneys in the Oregon Broadband Advisory Council Fund are continuously appropriated to the Oregon Business Development Department for the purposes of carrying out the duties of the Oregon Broadband Advisory Council.

(2) The department, on behalf of the council, may accept contributions of funds and assistance from the United States Government or agencies of the United States Government or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the council. All such funds are to aid in financing the functions of the council and must be deposited in the Oregon Broadband Advisory Council Fund to the credit of separate accounts for the council to disburse for the purposes for which the funds were contributed.

(3) The council shall encourage:

(a) Coordination between existing organizations and sectors that can leverage broadband to their advantage;

(b) State agencies to utilize broadband telecommunications;

(c) The development and support of digital inclusion and education programs to encourage broadband adoption and provide citizens with institutions to teach digital skills necessary for success in the workplace;

(d) Efforts to provide cost-effective quality workforce development training using telecommunications infrastructure and facilities to access distance learning opportunities;

(e) Schools, education service districts and local education agencies in unserved areas to promote broadband access for the surrounding community;

(f) Public and private entities to seek opportunities for partnership with educational institutions that will stimulate the use of broadband technologies through community projects and public education;

(g) The use of broadband communications technologies for telehealth and telemedicine; and

(h) Public and private organizations to work together in partnership to promote the use of telecommunications infrastructure and new technology. [2009 c.782 §3]

Sec. 4. The Oregon Broadband Advisory Council shall submit a report by November 1 of each even-numbered year to the Joint Legislative Committee on Information Management and Technology on the following subjects:

(1) The affordability and accessibility of broadband technology in all areas of this state;

(2) The extent of broadband technology use in this state in the telehealth industry, energy management, education and government; and

(3) The role of broadband technology in local, state and regional economies and economic development. [2009 c.782 §4; 2015 c.807 §35; 2017 c.124 §1]

Sec. 5. (1) Sections 1 to 4, chapter 782, Oregon Laws 2009, are repealed on January 2, 2020.

(2) The amendments to ORS 403.450 (State Interoperability Executive Council) by section 4, chapter 87, Oregon Laws 2014, become operative on January 2, 2020. [2009 c.782 §5; 2014 c.87 §5; 2015 c.483 §1; 2015 c.807 §36]

1 Legislative Counsel Committee, CHAPTER 285A—Economic Development I, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors285A.­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.