(a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials that a state agency develops, publishes or produces.
(b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions to which the state agency that developed, published or produced the data processing programs, information or materials agrees.
(2) The Secretary of State, the State Treasurer, the judicial department as defined in ORS 174.113 and the legislative department as defined in ORS 174.114:
(a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials that the Secretary of State, State Treasurer, judicial department or legislative department develops, publishes or produces.
(b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions to which the Secretary of State, State Treasurer, judicial department or legislative department agrees.
(3) Except as provided in this subsection, moneys that a state agency collected under subsection (1) of this section, less expenses that the state agency incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that a state agency expended for the activities described in subsection (1) of this section came from fees or assessments that the state agency charged and collected, the state agency shall deposit the net proceeds of moneys collected under subsection (1) of this section into the same accounts into which the state agency deposits the fees or assessments. The state agency shall use the moneys to reduce the fees or assessments the state agency charges to the extent permitted by law.
(4) Except as provided in this subsection, moneys that the Secretary of State, State Treasurer, judicial department or legislative department collected under subsection (2) of this section, less expenses that the Secretary of State, State Treasurer, judicial department or legislative department incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that the Secretary of State, State Treasurer, judicial department or legislative department expended for the activities described in subsection (2) of this section came from fees or assessments that the secretary, treasurer, judicial department or legislative department charged and collected, the secretary, treasurer, judicial department or legislative department shall deposit the net proceeds of moneys collected under subsection (2) of this section into the same accounts into which the secretary, treasurer, judicial department or legislative department deposits the fees or assessments. The Secretary of State, State Treasurer, judicial department or legislative department shall use the moneys to reduce the fees or assessments the secretary, treasurer, judicial department or legislative department charges to the extent permitted by law.
(5) As used in this section:
(a) "Data processing programs" means software programs and other automated means for processing data.
(b) "State agency" has the meaning given that term in ORS 291.002. [1979 c.740 §3; 1993 c.18 §56; 1995 c.452 §22; 2013 c.481 §1; 2015 c.807 §43]
Note: See note under 291.040.
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 291 - State Financial Administration
Section 291.002 - Definitions.
Section 291.011 - Blanket fidelity bonds for state officers and personnel.
Section 291.015 - Fiscal responsibilities of department; delegation of fiscal functions.
Section 291.040 - State financial report.
Section 291.044 - State agency quarterly report of employee pay-line exceptions.
Section 291.045 - Definitions for ORS 291.045 and 291.047.
Section 291.047 - Public contract approval by Attorney General; exemptions; rules.
Section 291.050 - Definitions for ORS 291.050 to 291.060.
Section 291.055 - State agency fee approval; exemptions; restoration of temporarily reduced fees.
Section 291.060 - Report of fees to Legislative Assembly.
Section 291.110 - Achieving performance outcomes; monitoring agency progress.
Section 291.120 - Distribution of agency savings; agency use.
Section 291.190 - Short title.
Section 291.195 - Policy for financial expenditure planning.
Section 291.200 - Budget policy.
Section 291.203 - Tax expenditure report by Governor.
Section 291.204 - Instructions to agencies for submitting budget information.
Section 291.214 - Governor to prepare recommendations regarding certain tax expenditures.
Section 291.216 - Governor’s budget; when due; content.
Section 291.220 - Furnishing information and assistance to legislature.
Section 291.227 - Maximum supervisory ratios of certain state agencies; reporting; rules.
Section 291.232 - Declaration of policy.
Section 291.252 - Modification of allotment previously made; notice to Legislative Fiscal Office.
Section 291.261 - Reducing allotment to prevent deficit; exception.
Section 291.272 - Definitions for ORS 291.272 to 291.278.
Section 291.274 - Determination of funds and appropriations to be assessed.
Section 291.276 - Department allocation of governmental service expenses among state agencies.
Section 291.278 - Transfer of allocated amounts.
Section 291.285 - Payment of accounting charges from Economic Development Fund.
Section 291.290 - Cash account of state agency for receipts from Economic Development Fund.
Section 291.322 - Definitions for ORS 291.322 to 291.334.
Section 291.326 - Powers of board concerning expenditures by state agencies.
Section 291.332 - Meetings of board; terms of members; filling vacancies on board.
Section 291.334 - Assistance of Legislative Fiscal Office to board; payment of board expenses.
Section 291.349 - Revenue estimate; disposition of revenue in excess of estimate.
Section 291.351 - Certification of costs.
Section 291.373 - Reporting of substantive program changes.
Section 291.377 - Report to legislative review agency of state position reclassifications.
Section 291.405 - Assessment of state agencies for mass transit purposes; rates.