71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2457
 
                         House Bill 3146
 
Sponsored by Representative SCHRADER; Representatives JENSON,
  KROPF, KRUSE, LEE, P SMITH, Senator FISHER (at the request of
  Oregon Lands Coalition)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits lobbyist or public official from making false
statement or misrepresentation to any person.
 
                        A BILL FOR AN ACT
Relating to false statements; creating new provisions; and
  amending ORS 171.764.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 171.764 is amended to read:
  171.764. (1) No lobbyist or public official, as defined in ORS
244.020,   { - shall - }   { + may  + }make any false statement
or misrepresentation to   { - any legislative or executive
official - }  { + another person + } or, knowing a document to
contain a false statement, cause a copy of   { - such - }
 { + the + } document to be received by
  { - a legislative or executive official - }   { + another
person  + }without notifying   { - such official - }   { + the
person  + }in writing of the truth as prescribed in subsection
(2) of this section.
  (2) It is a defense to a charge of violation of subsection (1)
of this section if the person who made the false statement or
misrepresentation retracts the  { + false + } statement or
misrepresentation and notifies the   { - official - }
 { + recipient of the false statement or misrepresentation  + }in
writing of the truth:
  (a) In a manner showing complete and voluntary retraction of
the prior false statement or misrepresentation; and
  (b) Before the subject matter of the false statement or
misrepresentation is submitted to a vote of a legislative
committee or either house of the Legislative Assembly or is
relied upon by   { - an executive official - }   { + a person
 + }in an administrative hearing.
  (3) As used in this section:
  (a) 'False statement or misrepresentation' means the
intentional misrepresentation or misstatement of a material fact.
  (b) 'Material' means that which may have affected the course or
outcome of any proceeding or transaction if known prior to the
proceeding or transaction.
  SECTION 2.  { + The amendments to ORS 171.764 by section 1 of
this 2001 Act apply to false statements and misrepresentations
made and copies of documents containing false statements sent on
and after the effective date of this 2001 Act. + }
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