justicedao/ipfs_state_laws huggingface dataset:
125-030-0016 Definitions As used in OAR 125-030-0000 through 125-030-0090: (1) "Charitable Organization" means either: (a) A nonprofit organization that is recognized as a 501(c)(3) organization under the Internal Revenue Code and is registered as a charitable organization with the Attorney General as required by ORS 128.610 to 128.995; or (b) A state-created nonprofit fund that receives donations, which may be deducted from taxable income as "charitable contributions" under Section 170(a) and (c) of the Internal Revenue Code. (2) "Fund" means an entity that disburses charitable contributions to ten or more charitable organizations. (3) “Federation” means an entity that serves as the agent for a group of at least ten charitable organizations. (4) "Local Presence" means a demonstrated presence in the State of Oregon as evidenced by the provision of direct and substantial charitable services or activities benefiting Oregonians in Oregon throughout the previous calendar year. (5) "Charitable Fund Drive Management Organization" means the person or organization selected to administer the annual Charitable Fund Drive on behalf of all participating funds and federations. (6) "Charitable Fund Drive Committee" or “Committee” means the committee appointed to set policies and implement the Charitable Fund Drive Program for state employees. (7) A “conflict of interest,” whether actual or potential, means any action, decision or recommendation, the effect of which would be or could be to the pecuniary benefit or detriment of a fund, federation or associated charitable organization. (8) “Department” means the Department of Administrative Services. (9) “Director” means the Director of the Department of Administrative Services. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0021 Charitable Fund Drive Committee (1) The Charitable Fund Drive Committee shall be composed of seven members, all of whom must be employees of the State of Oregon. (2) The Director shall appoint members who: (a) Reflect the diversity of employees including, but not limited to, geography, race, gender, age, chosen profession, disability, and agency affiliation; (b) Have skills in the following areas: (A) Marketing; (B) Fundraising; (C) Organizational skills; (D) Accounting; and (E) Payroll. (3) The Director will appoint members to serve a term of one to three years. (4) No member may serve more than two consecutive terms. (5) No member shall take any action that creates a conflict of interest with respect to any fund, federation, or affiliated charitable organization that the member is associated with in a leadership capacity. (6) The Director will appoint one member as chair. The Governor shall be the honorary chair. (7) The responsibilities of the Committee are to: (a) Implement OAR 125-030-0000 to 125-030-0090 and propose changes for adoption by the Director as necessary; (b) Establish and enforce policies and procedures for managing the Charitable Fund Drive, recommending any rules for the Director's adoption; (c) Prescribe, review and approve initial and renewal applications of funds and federations; (d) Select, supervise, and establish guidelines for the Charitable Fund Drive Management Organization; (e) Ensure the funds and federations have equal access to state resources; (f) Provide and communicate fund drive information to state agencies and fund drive participants; (g) Ensure the fund drive is free from coercion and unfair or misleading conduct; (h) Approve budget and costs and ensure funds are properly accounted for; (i) Hear grievances of funds and federations; and (j) Prepare and distribute requests for proposals to be used in evaluating and selecting the Charitable Fund Drive Management Organization and make a final recommendation to the Director. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 184.340, 292.045 & 184.345 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0020, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98 Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94 BAD 1-1998(Temp), f. & cert. ef. 6-25-98 thru 8-31-98 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0031 Quorum A majority of the members of the Charitable Fund Drive Committee constitutes a quorum for the transaction of business. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08, Renumbered from 121-030-0030 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0061 Charitable Fund Drive Management Organization (1) The Charitable Fund Drive Committee will select a person or organization as the Charitable Fund Drive Management Organization through an open competitive process. (2) The selection process will consider cost, experience, and ability to conduct a statewide fund drive. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0060, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 BAD 2-2002, f. & cert. ef. 7-30-02 BAD 1-2002(Temp), f. 1-31-02, cert. ef. 2-1-02 thru 7-30-02 Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94 DAS 2-1995(Temp), f. & cert. ef. 5-19-95 Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94 ASD 1-1994(Temp), f. & cert. ef. 4-14-94 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0071 Charitable Fund Drive Costs (1) It is the responsibility of the Charitable Fund Drive Committee to allocate the costs of the fund drive to each participating fund and federation. The Charitable Fund Drive Committee will consider such factors as the contributions received by each fund and federation, the exposure of each fund and federation to the employee base, and fixed costs. (2) Participating funds and federations shall sign a memorandum of agreement with the Charitable Fund Drive Committee and the Charitable Fund Drive Management Organization to develop a cooperative fund drive and pay all costs of the fund drive. Such costs include, but are not limited to, costs incurred for the overall management and coordination of the Annual Charitable Fund Drive; design and printing of brochures and payroll deduction forms; training provided to employee volunteers; promotional events; and any other expenditure deemed necessary and approved by the Charitable Fund Drive Committee. (3) The Charitable Fund Drive Committee is committed to keeping administrative costs reasonable. Charitable Fund Drive costs are ideally held to less than 10% of total donations per campaign; because donations are not known at the time the campaign budget is set and because donation levels fluctuate, the total campaign budget shall not exceed 12% of the prior year’s total donations. (4) Interest accrued on employee and retiree donations may be used by the Charitable Fund Drive Committee to offset fund drive costs, including bank transaction fees. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0070, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0083 Appeals (1) Funds and federations may appeal: (a) Denial of participation; (b) Removal from participation; and (c) Actions of the Charitable Fund Drive Committee with respect to the Committee's policies and procedures. (2) Any appeal by a fund or federation must be in writing and received by the Charitable Fund Drive Committee within ten business days of the mailing of the written notice of denial, removal, or Committee action. The appeal must specify the particular action that is being appealed and why. (3) The Charitable Fund Drive Committee has 45 days from the date of the appeal letter to respond. (4) A fund or federation that is not satisfied with the response of the Committee may appeal in writing to the Director within ten business days of the date on which the Committee mailed its response. (5) The decision of the Director shall be final. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0080, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
125-030-0090 Designation of Direct Recipients Funds and federations shall allow state employees and retirees to designate any affiliated charitable organization eligible to participate in the Annual Charitable Fund Drive as the direct recipient of an employee’s or retiree’s contribution. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0090, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
125-035-0005 Authority The Department of Administrative Services, State of Oregon, is authorized by ORS 279.820 to acquire, warehouse and distribute federal surplus property from the Government of the United States or any surplus property disposal agency thereof (all such property is hereinafter referred to as “Federal surplus property”) to all eligible donees in the state and to enter into cooperative agreements pursuant to the provisions of 41 CFR Ch. 101-44.206. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0010 Designation of the State Agency The plan, as required in FPMR 101-44.202 shall be administered by the Transportation, Purchasing and Print Services Division, Department of Administrative Services, Surplus Property Section, hereafter referred to as the State Agency for Surplus Property (SASP). The SASP reports directly to the Administrator, Transportation, Purchasing and Print Services Division. The SASP has complete responsibility and authority to carry out the requirements of acquiring, warehousing and distributing Federal surplus property in the State of Oregon pursuant to the provisions of the Federal Property and Administrative Services Act of 1949, as amended. SASP’s staffing, structure, and status are shown in (Exhibit 1); physical facilities are described in (Exhibit 2). [ED. NOTE: Exhibits referenced are available from the agency] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0015 Inventory Controls and Accounting Systems The following shall be the responsibility of the SASP when acquiring Federal surplus property for the distribution center inventory and reallocating it to donees: (1) Inventory Controls: (a)(A) Immediately upon receipt, Federal surplus property shall be moved into a receiving area for check in. If personnel are not immediately available, the property shall be held in a protected area until it can be received. (B) Shipping documents and the applicable SF-123 and its attachments shall be used to check and identify the property; (C) Overage and shortage reports, and supplemental SF-123’s, shall be prepared in accordance with the requirements of Federal Property Management Regulations (FPMR) 101-44.115 and mailed to the appropriate General Services Administration regional office. Upon verifying the description, condition, and quantity, of the Federal surplus property, a stock tag containing the following data shall be prepared and attached to each item to identify it as follows: (i) Oregon List number; (ii) Item number; (iii) Unit acquisition cost; (iv) Description, including serial number, if applicable; (v) Unit of measure; (vi) Unit service and handling charge. (b) Following verification of receiving information, individual stock record cards shall be prepared on all items of Federal surplus property having an individual acquisition cost of five dollars or more. All actions, including receipt, donation and inventory status shall be recorded on this card. The stock record card shall be retained on file for not less than three years after the property has been donated; (c) A physical inventory shall be taken annually of all Federal surplus property in possession of the SASP. Shortages and overages shall be listed on the annual inventory report. This report shall be used to record inventory adjustments and must be approved by the supervisor before posting to the stock cards. Adjustments to the inventory record shall be made only when all reasonable efforts have been exhausted to determine the reason for variance. A statement explaining the variance shall be included in the corrected inventory report. (d) After receiving approval from the GSA Regional Office, all federal surplus property retained by SASP for internal use will be recorded on separate records from donable property for control and accountability. (2) Accounting Systems: A state approved double entry accounting system shall be used. It shall include a chart of accounts, a general ledger with accounts for all assets, liabilities, income, and expense, and journals for all original records of transactions. It shall identify and separately account for funds accumulated from service charges. Monthly and year-end reports shall be provided for management visibility and program control. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84 & ef. 6-30-84
125-035-0020 Return of Donated Property by Donee (1) When a determination has been made that federal surplus property has not been put to use by a donee within one year from the date of receipt of the property or the donee has not used the property for one year thereafter under the terms and conditions of eligibility, and if the Federal surplus property is determined to still be usable, the donee must: (a) Return the property at the donee’s own expense to the SASP distribution center. Property retuned by a donee shall be received into inventory stock control for reissuance to other donees; or (b) Transfer the property to another eligible donee as directed by the SASP; or (c) Make such other disposal of the property as the SASP may direct. (2) The SASP shall periodically reemphasize this Federal surplus property utilization requirement when corresponding and meeting with donees and when surveying the utilization of donated Federal surplus property at donee facilities. Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84 & ef. 6-30-84
125-035-0035 Non-Utilized Donated Property (1) All Federal surplus property in the possession of the SASP for 18 months, which cannot be utilized by eligible donees, shall be reported to the General Services Administration for disposal authorization in accordance with FPMR 101-44.205. In accordance with this regulation SASP shall: (a) Transfer the property to another state agency or federal agency; or (b) Sell the property by public sale; or (c) Abandon or destroy the property. (2) In the event of disposal by transfer to another agency or by public sale, the SASP may seek such reimbursement as is authorized in accordance with FPMR 101-44.205. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0050 Compliance and Utilization (1) Separate warehouse property issue and invoice documents shall be prepared for each item of Federal surplus property with an acquisition cost of $5,000 or more and for all passenger motor vehicles. An additional statement, establishing property utilization standards, shall be printed on the face of the property issue and invoice document advising the donee that this item of Federal surplus property must be placed in use within one year of acquisition and used continuously for a period of 18 months thereafter. (2) Passenger motor vehicles, and other motor vehicles required to be licensed by the Oregon Department of Transportation’s Driver and Motor Vehicle Services shall be licensed, and filed with the SASP shown as the security interest holder. When the vehicle has been utilized in accordance with the terms and conditions of transfer, and when 18 months of use have expired, the SASP shall release the title to the donee. (3) At least once during the period of restriction, SASP personnel, or a designated representative, shall review all passenger motor vehicles and issued items with an original acquisition value of $5,000 or more to determine that these items are being utilized in accordance with the purpose for which acquired. Review shall consist of a minimum of 5% on site physical inspections and written certification of property utilization by donee. (4) During the physical review, a SASP representative shall ascertain whether the donee is complying with any special handling conditions or use limitations imposed on items of property by General Services Administration in accordance with FPMR 101-44.108. The review shall include a survey of donee compliance with the statutory requirements that all items of property acquired by the donee have been placed into use within one year of acquisition and used for one year thereafter. Written reports on utilization and compliance reviews shall be made and placed on file. (5) Whenever there is any indication of misuse, noncompliance, or alleged fraud, the SASP shall initiate the appropriate level of investigation of the allegations, including a report to the FBI when appropriate. The General Services Administration shall be notified of all cases including misuse, noncompliance, or alleged fraud. The State Agency for Surplus Property shall take necessary actions to assist General Services Administration and other Federal and State agencies in investigating such cases. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0055 Consultation with Advisory Bodies and Private Groups The State Agency for Surplus Property shall establish an Advisory Board that represents both public and non-profit donee agencies, institutions, and organizations and that is comprised of donee representatives from various geographic locations throughout the state. The manager of the Federal Surplus Property Program shall act as chairperson. The Board shall meet annually or at the discretion of the chairperson. The membership may fluctuate to fully meet the interests of eligible donees in the state. The minutes of the meeting shall be used to report on the donation program to the groups concerned, and the board shall solicit expressions of need and interest from eligible donees so that the SASP and General Services Administration may be advised of such requirements, including requirements for special items of property. Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0060 Audit (1) A Secretary of State’s Audit Division review shall be performed in accordance with the external audit requirements of the Office of Management and Budget Circular No. A-128 “Audits of State and Local Governments.” Two copies of this audit report made pursuant to this Circular shall be provided to the appropriate General Services Administration regional office. This review shall cover the conformance of the state agency with the state plan of operation and the requirements of 41 CFR 101-44. (2) General Services Administration representatives may review SASP operations periodically, and may for appropriate reasons, conduct their own audit of the SASP following due notice to the Governor of the reasons for such audit. Financial records and all other books and records of the SASP shall be made available to all authorized Federal activities. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0065 Cooperative Agreements (1) The Oregon Department of Administrative Services is authorized, pursuant to statute, to enter into cooperative agreements with the Administrator of General Services Administration for the use of property, facilities, personnel and services. Such agreements may or may not require payment or reimbursement for use by the SASP of any surplus personal property in its possession, subject to conditions imposed by the General Services Administration. It is the desire of the SASP to continue, renew, or enter into such agreements authorized under Section 203(n) of the Act, 40 USC para 471, et seq. (2) Periodically, internal audits shall be performed on the operations and financial affairs of the SASP. External audits will meet the requirements of the Office of Management and Budget Circular A-128 “Audits of State and Local Governments.” The state and SASP will provide GSA two copies of any audit report made pursuant to the circular, or with copies of the sections pertaining to the Federal Donation Program. An outline of the necessary corrective action the SASP will take to comply with scheduled completion dates shall be submitted with the audit report. General Services Administration may conduct their own audit of the SASP following due notice to the chief executive officer of the state of the reasons for such audit. Financial records and all other books and records shall be made available by the SASP for inspection by General Services Administration, the General Accounting Office or other authorized Federal activities. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0070 Liquidation Should a determination be made to abolish or liquidate the SASP, advance notice shall be given to General Services Administration, in accordance with the specific requirements of FPMR 101-44.202(c)(14), with the reason for abolition or liquidation; schedule of time to effect the closure; and report to General Services Administration of the Federal surplus property on hand for retransfer, destruction or sale. Physical assets shall be converted to cash, and all cash assets shall be returned to the participating donees in accordance with, and except as otherwise provided or allowed in, ORS 279.822(3). Records and accounting information shall be retained for two years after closure. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84
125-035-0075 Records Copies of SF-123 allocations, warehouse property issue and invoice documents, log books, and all other official records of the SASP shall be maintained for not less than three years. Documents concerning items of Federal surplus property subject to restriction for more than two years shall be maintained for one year beyond the expiration of the restriction period. Whenever Federal surplus property is in noncompliance status, records shall be maintained for one year after the case is closed. Statutory/Other Authority: ORS 279 & 283 History: GS 1-1994, f. & cert. ef. 11-1-94 GS 3-1984, f. 6-29-84, ef. 6-30-84