Chapter 399 Oregon Laws 2001

AN ACT

HB 2389

Relating to public officials; creating new provisions; and amending ORS 294.100.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 294.100 is amended to read:

294.100. (1) It is unlawful for any public official to expend any [money] moneys in excess of the amounts provided by law, or for any other or different purpose than provided by law.

(2) Any public official who expends any public [money] moneys in excess of the amounts[,] or for any other or different purpose [or purposes] than authorized by law[,] shall be civilly liable for the return of the money by suit of the district attorney of the district [where] in which the offense is committed, or at the suit of any taxpayer of such district, if the expenditure constitutes malfeasance in office or willful or wanton neglect of duty.

(3) On the demand in writing of 10 taxpayers of any municipal corporation with a population exceeding 100,000 inhabitants, filed with the tax supervising and conservation commission in the county in which the municipal corporation is situated, which demand sets forth that a public official [or public officials have] has unlawfully expended [money] public moneys in excess of the [amounts] amount or for any other or different purpose [or purposes] than provided by law[,] and that the expenditure constitutes malfeasance in office or willful or wanton neglect of duty, the tax supervising and conservation commission shall make an investigation of the facts as to [such expenditures] the expenditure. If the tax supervising and conservation commission finds that public moneys have been unlawfully expended[,] and that the expenditure constitutes malfeasance in office or willful or wanton neglect of duty, the commission shall proceed at law in the courts against the public [officials who have] official who has unlawfully expended the moneys for the return of the moneys unlawfully expended to the treasury of the municipal corporation. A right of action hereby is granted to the tax supervising and conservation commission for [such purpose] the purposes of this section.

SECTION 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 294.100 by section 1 of this 2001 Act apply to all claims under ORS 294.100, whether arising before, on or after the effective date of this 2001 Act.

(2) The amendments to ORS 294.100 by section 1 of this 2001 Act do not apply to any claim under ORS 294.100 for which a judgment has been entered in the register of a court before the effective date of this 2001 Act.

Approved by the Governor June 15, 2001

Filed in the office of Secretary of State June 15, 2001

Effective date January 1, 2002

__________