71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2389
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
CHAPTER ................
AN ACT
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 + }.
Enrolled House Bill 2389 (HB 2389-INTRO) Page 1
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. + }
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Passed by House May 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 24, 2001
...........................................................
President of Senate
Enrolled House Bill 2389 (HB 2389-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2389 (HB 2389-INTRO) Page 3