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 3242
House Bill 3881
Sponsored by Representative STARR (at the request of Mike
Balanesi, Ruth Bendl)
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 use of public funds or public property by public
employees for certain political purposes.
Prohibits counties, cities and districts from using public
funds or public employee work time to produce informational
document regarding measure unless text of informational document
is prepared by committee composed of persons representing
alternative views on merits of measure. Specifies procedures for
appointment and operation of committee. Requires informational
document to contain description of fiscal impact of measure.
Provides criminal penalties.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
260.432 and 260.993.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.432 is amended to read:
260.432. (1) { - No person shall - } { + A person may
not + } attempt to, or actually, coerce, command or require a
public employee to influence or give money, service or other
thing of value to promote or oppose any political committee or to
promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public
office holder.
(2) { - No public employee shall - } { + A public employee
may not + } solicit any money, influence, service or other thing
of value or otherwise promote or oppose any political committee
or promote or oppose the nomination or election of a candidate,
the gathering of signatures on an initiative, referendum or
recall petition, the adoption of a measure or the recall of a
public office holder while on the job during working hours.
However, this section does not restrict the right of a public
employee to express personal political views.
{ + (3) A public employee may not use public funds or public
property to solicit any money, influence, service or other thing
of value or otherwise promote or oppose any political committee
or promote or oppose the nomination or election of a candidate,
the gathering of signatures on an initiative, referendum or
recall petition, the adoption of a measure or the recall of a
public office holder. This section does not restrict the use of
public funds for public employee time for the preparation and
dissemination of a voters' pamphlet. + }
{ - (3) - } { + (4) + } Each public employer shall have
posted in a conspicuous place likely to be seen by its employees
the following notice in printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that { - ' No public employee
shall - } { + a public employee may not + } solicit any money,
influence, service or other thing of value or otherwise promote
or oppose any political committee or promote or oppose the
nomination or election of a candidate, the gathering of
signatures on an initiative, referendum or recall petition, the
adoption of a measure or the recall of a public office holder
while on the job during working hours { + and may not use public
funds or public property to engage in these activities + }.
However, this { - section - } does not restrict the right of a
public employee to express personal political views. { - ' - }
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
{ - (4) - } { + (5) + } As used in this section:
(a) 'Public employee' does not include an elected official.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
{ - administrative, - } legislative or judicial branch of
state government, and any county, city, district or other
municipal corporation or public corporation organized for a
public purpose, including a cooperative body formed between
municipal or public corporations.
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 260. + }
SECTION 3. { + (1) Except as provided in this section, a
county, city or district as defined in ORS 255.012 may not use
public funds or public employee work time to produce and
disseminate an impartial informational document relating to a
measure.
(2) If a county, city or district proposes to use public funds
or public employee work time to produce and disseminate an
impartial informational document relating to a measure, a
committee of five citizens shall be selected to prepare the
document. The governing body of a county, city or district shall
appoint two members of the committee and notify the Secretary of
State. The Secretary of State shall appoint two members of the
committee from among individuals the secretary determines are
likely to disagree with the position of the county, city or
district on the measure. The four appointed members of the
committee shall select the fifth member and notify the Secretary
of State in writing of the selection. If the four appointed
members cannot agree, the Secretary of State shall appoint the
fifth member. A vacancy shall be filled by the original
appointing authority.
(3) The committee selected under subsection (2) of this section
shall prepare the text of the impartial informational document
relating to the measure. The document must be approved by at
least three members of the committee. If a member does not
concur, the document shall show only that the member dissents.
(4) If an impartial informational document relating to a
measure is prepared under this section, the document shall
include an estimate of the financial impact of the measure on
taxpayers residing within the electoral district in which the
measure will be voted upon, expressed on a calendar year basis.
(5) If an impartial informational document relating to a
measure is produced under this section for a school district, the
document may not be disseminated by giving the document to
students for delivery to their parents or guardians, by mailing
the document or by otherwise exclusively distributing the
document to parents or guardians of students of the district. + }
SECTION 4. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2),
253.710, 260.402, 260.555, 260.575, 260.615, 260.645, 260.665 (2)
or (3) involving any action described in ORS 260.665 (2)(d) to
(f), 260.715 or 260.718 is a Class C felony.
(3) Violation of ORS 260.695 (5) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.
{ + (5) Violation of ORS 260.432 (3) or section 3 of this
2001 Act is punishable:
(a) For the first offense, as a Class C misdemeanor;
(b) For the second offense, as a Class A misdemeanor; and
(c) For the third or subsequent offense, as a Class C
felony. + }
SECTION 5. { + Section 3 of this 2001 Act and the amendments
to ORS 260.432 and 260.993 by sections 1 and 4 of this 2001 Act
apply to activities occurring on or after the effective date of
this 2001 Act. + }
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