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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 838
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Governor Tina Kotek for State Parks and Recreation Department)
CHAPTER .................................................
AN ACT
Relating to State Parks and Recreation Department procurements; creating new provisions; amend-
ing ORS 279A.025, 282.010 and 282.020; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of this section, the Public Contracting
Code applies to all public contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between a contracting agency and:
(A) Another contracting agency;
(B) The Oregon Health and Science University;
(C) A public university listed in ORS 352.002;
(D) The Oregon State Bar;
(E) A governmental body of another state;
(F) The federal government;
(G) An American Indian tribe or an agency of an American Indian tribe;
(H) A nation, or a governmental body in a nation, other than the United States; or
(I) An intergovernmental entity formed between or among:
(i) Governmental bodies of this or another state;
(ii) The federal government;
(iii) An American Indian tribe or an agency of an American Indian tribe;
(iv) A nation other than the United States; or
(v) A governmental body in a nation other than the United States;
(b) Agreements authorized by ORS chapter 190 or by a statute, charter provision, ordinance or
other authority for establishing agreements between or among governmental bodies or agencies or
tribal governing bodies or agencies;
(c) Insurance and service contracts as provided for under ORS 414.115, 414.125, 414.135 and
414.145 for purposes of source selection;
(d) Grants;
(e) Contracts for professional or expert witnesses or consultants to provide services or testi-
mony relating to existing or potential litigation or legal matters in which a public body is or may
become interested;
(f) Acquisitions or disposals of real property or interest in real property;
Enrolled Senate Bill 838 (SB 838-B) Page 1
(g) Sole-source expenditures when rates are set by law or ordinance for purposes of source se-
lection;
(h) Contracts for the procurement or distribution of textbooks;
(i) Procurements by a contracting agency from an Oregon Corrections Enterprises program;
(j) The procurement, transportation, sale or distribution of distilled liquor, as defined in ORS
471.001, or the appointment of agents under ORS 471.230 or 471.750 by the Oregon Liquor and
Cannabis Commission;
(k) Contracts entered into under ORS chapter 180 between the Attorney General and private
counsel or special legal assistants;
(L) Contracts for the sale of timber from lands that the State Board of Forestry, the State
Forestry Department, the State Parks and Recreation Commission or the State Parks and Recreation
Department owns or manages;
(m) Contracts for activities necessary or convenient for the sale of timber under paragraph (L)
of this subsection, either separately from or in conjunction with contracts for the sale of timber,
including but not limited to activities such as timber harvesting and sorting, transporting, gravel
pit development or operation, and road construction, maintenance or improvement;
(n) Contracts for forest protection or forest related activities, as described in ORS 477.406, by
the State Forester or the State Board of Forestry;
(o) Contracts that the Housing and Community Services Department enters into in exercising
the department’s duties prescribed in ORS chapters 456 and 458, or procurements described in ORS
456.625 (19);
(p) Contracts that the State Treasurer enters into in exercising the powers of that office pre-
scribed in ORS 178.010 to 178.090 and 276A.242 and ORS chapters 286A, 287A, 289, 293, 294 and 295,
including but not limited to investment contracts and agreements, banking services, clearing house
services and collateralization agreements, bond documents, certificates of participation and other
debt repayment agreements, and any associated contracts, agreements and documents, regardless
of whether the obligations that the contracts, agreements or documents establish are general, spe-
cial or limited, except that the State Treasurer’s public contracting for goods and services is subject
to ORS chapter 279B;
(q) Contracts, agreements or other documents entered into, issued or established in connection
with:
(A) The issuance of obligations, as defined in ORS 286A.100 and 287A.310, of a public body;
(B) Program loans and similar extensions or advances of funds, aid or assistance that a public
body makes to a public or private body for the purpose of carrying out, promoting or sustaining
activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by law, and other financial trans-
actions of a public body that by their character cannot practically be established under the com-
petitive contractor selection procedures of ORS 279B.050 to 279B.085;
(r) Contracts for employee benefit plans as provided in ORS 243.105 (1), 243.125 (4), 243.221,
243.275, 243.291, 243.303 and 243.565;
(s) Contracts for employee benefit plans as provided in ORS 243.860 to 243.886; or
(t) Any other public contracting of a public body specifically exempted from the code by another
provision of law.
(3) The Public Contracting Code does not apply to the contracting activities of:
(a) The Oregon State Lottery Commission;
(b) The legislative department;
(c) The judicial department;
(d) Semi-independent state agencies listed in ORS 182.454, except as provided in ORS 279.835 to
279.855 and 279A.250 to 279A.290;
(e) Oregon Corrections Enterprises;
(f) The Oregon Film and Video Office, except as provided in ORS 279A.100 and 279A.250 to
279A.290;
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(g) The Travel Information Council, except as provided in ORS 279A.250 to 279A.290;
(h) The Oregon 529 Savings Network and the Oregon 529 Savings Board;
(i) The Oregon Innovation Council;
(j) The Oregon Utility Notification Center; [or]
(k) The State Parks and Recreation Department, except for duties or obligations the de-
partment has under ORS 279A.250 to 279A.290 and the department’s contracting activities
related to information technology, as defined in ORS 276A.230, photogrammetric mapping,
as defined in ORS 672.002, or telecommunications, as defined in ORS 276A.206; or
[(k)] (L) Any other public body specifically exempted from the code by another provision of law.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not apply to contracts made with
qualified nonprofit agencies providing employment opportunities for individuals with disabilities un-
der ORS 279.835 to 279.855.
SECTION 2.
ORS 282.010 is amended to read:
282.010. As used in ORS 282.010 to 282.150, [ unless the context otherwise requires: ]
[(1) “Department” means the Oregon Department of Administrative Services. ]
[(2)(a) “Printed public document” means informational matter produced for public distribution re-
gardless of format, method of reproduction, source or copyright, originating in any state agency or
produced with the imprint of, by the authority of or at the total or partial expense of any state
agency.]
[(b) “Printed public document” does not include: ]
[(A) Correspondence, forms, interoffice or intraoffice memoranda; ]
[(B) Legislative bills, calendars and interim committee reports made available under ORS
171.206;]
[(C) Oregon Revised Statutes or any edition thereof; or ]
[(D) Reports and publications of the Supreme Court, the Court of Appeals and the Oregon Tax
Court.]
[(3)] “printing” means printing, duplicating and copying.
SECTION 3. ORS 282.020 is amended to read:
282.020. (1) The Director of the Oregon Department of Administrative Services or the designee
of the director shall:
(a) Control and manage all state printing.
(b) Control all state printing purchases, including those outside of the Oregon Department of
Administrative Services; and any printing conducted outside of the department on behalf of state
government may be conducted only through authority of the director or the director’s designee.
(2) [Printing and binding that advertises or promotes products, agricultural or manufactured, shall
not be considered state printing. ] State printing and state printing purchases described in sub-
section (1) of this section do not include printing and binding that:
(a) Advertises or promotes agricultural or manufactured products; or
(b) The State Parks and Recreation Department engages in or contracts for in the course
of:
(A) Communicating with persons who are interested in the state’s recreational sites and
resources, including visitors to this state; or
(B) Advertising, promoting or providing education concerning the state’s recreational
sites and resources.
(3) The director or the director’s designee may advertise for bids and award contracts for state
printing, but the policy of the director or the director’s designee in deciding what work shall be let
by contract shall be dictated by questions of good business and economy.
SECTION 4.
The amendments to ORS 279A.025, 282.010 and 282.020 by sections 1 to 3 of
this 2025 Act apply to procurements that the State Parks and Recreation Department solicits
or conducts on and after the effective date of this 2025 Act.
SECTION 5. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Enrolled Senate Bill 838 (SB 838-B)Page 3
Passed by Senate March 24, 2025
Repassed by Senate June 16, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House June 11, 2025
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Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 838 (SB 838-B) Page 4