72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 345
House Bill 3328
Sponsored by COMMITTEE ON JUDICIARY
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.
Revises laws administered by Oregon Government Standards and
Practices Commission.
Allows personal use of publicly owned equipment if use does not
result in incremental cost to public agency.
Deletes prohibition on receipt of honoraria. Requires reporting
of all honoraria received.
Requires public officials to declare existence of conflict of
interest. Requires description of nature of conflict upon
request.
Deletes authority of commission to instigate own investigations
of violations of government standards and practices or lobbying
laws.
Prohibits imposition of civil penalty under government
standards and practices laws if public official was acting on
advice of public agency counsel.
Requires reporting of all lobbying expenditures over $50.
Deletes indexing of amount for inflation.
Requires sound recordings of all public meetings.
Repeals provision allowing attorney fees for public official
prevailing in enforcement action.
A BILL FOR AN ACT
Relating to activities regulated by the Oregon Government
Standards and Practices Commission; creating new provisions;
amending ORS 171.745, 171.750, 171.776, 171.778, 192.650,
244.040, 244.060, 244.120, 244.130, 244.250, 244.260 and
244.350; and repealing ORS 244.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 244.040 is amended to read:
244.040. The following actions are prohibited regardless of
whether { + the existence of + } actual conflicts of interest or
potential conflicts of interest are announced or disclosed
pursuant to ORS 244.120:
{ - (1)(a) - } { + (1) + } No public official shall use or
attempt to use official position or office to obtain financial
gain or avoidance of financial detriment { - that would not
otherwise be available but for the public official's holding of
the official position or office, other than official salary,
honoraria, except as prohibited in paragraphs (b) and (c) of this
subsection, reimbursement of expenses or an unsolicited award for
professional achievement - } for the public official or the
public official's relative, or for any business with which the
public official or a relative of the public official is
associated { + , if the financial gain or avoidance of financial
detriment would not otherwise be available but for the public
official's holding of the official position or office. This
subsection does not apply to:
(a) Official salary, honoraria, reimbursement of expenses or an
unsolicited award for professional achievement; or
(b) The use of publicly owned equipment for personal purposes
if the personal use does not result in any incremental cost to
the state or to the political subdivision of this state or other
public body that owns the equipment + }.
{ - (b) No statewide official shall solicit or receive,
whether directly or indirectly, honoraria for the statewide
official or for any member of the household of the official. No
candidate for statewide office shall solicit or receive, whether
directly or indirectly, honoraria for the candidate or for any
member of the household of the candidate. - }
{ - (c) No legislative official shall solicit or receive,
whether directly or indirectly, honoraria in an amount in excess
of $1,500 or in any amount for an appearance within the state or
for an appearance during a legislative session, regardless of
location, for the legislative official or for any member of the
household of the official, except that a legislative official may
solicit or receive honoraria for services performed in relation
to the private profession or occupation of the legislative
official. No candidate for legislative office shall solicit or
receive, whether directly or indirectly, honoraria in an amount
in excess of $1,500 or in any amount for an appearance within the
state for the candidate or for any member of the household of the
candidate, except that a candidate for legislative office may
solicit or receive honoraria for services performed in relation
to the private profession or occupation of the legislative
official. - }
{ - (d) Any public official not described in paragraph (b) or
(c) of this subsection or a member of the public official's
household may receive honoraria. - }
(2) No public official or candidate for office or a relative of
the public official or candidate shall solicit or receive,
whether directly or indirectly, during any calendar year, any
gift or gifts with an aggregate value in excess of $100 from any
single source who could reasonably be known to have a legislative
or administrative interest in any governmental agency in which
the official has or the candidate if elected would have any
official position or over which the official exercises or the
candidate if elected would exercise any authority.
(3) No public official shall solicit or receive, either
directly or indirectly, and no person shall offer or give to any
public official any pledge or promise of future employment, based
on any understanding that such public official's vote, official
action or judgment would be influenced thereby.
(4) No public official shall attempt to further or further the
personal gain of the public official through the use of
confidential information gained in the course of or by reason of
the official position or activities of the public official in any
way.
(5) No person shall offer during any calendar year any gifts
with an aggregate value in excess of $100 to any public official
or candidate therefor or a relative of the public official or
candidate if the person has a legislative or administrative
interest in a governmental agency in which the official has or
the candidate if elected would have any official position or over
which the official exercises or the candidate if elected would
exercise any authority.
(6) No person shall attempt to represent or represent a client
for a fee before the governing body of a public body of which the
person is a member. This subsection does not apply to the
person's employer, business partner or other associate.
SECTION 2. ORS 244.060 is amended to read:
244.060. The statement of economic interest filed under ORS
244.050, shall be on a form prescribed by the Oregon Government
Standards and Practices Commission, and the person filing the
statement shall supply the information required by this section
and ORS 244.090, as follows:
(1) The name of all positions as officer of a business and
business directorships held by the person or a member of the
household of the person during the preceding calendar year.
(2) All names under which the person and members of the
household of the person do business.
(3) Sources of income received at any time during the preceding
calendar year by the person or a member of the household of the
person that produce 10 percent or more of the total annual
household income.
(4) The name, principal address and brief description of the
source of income from which 50 percent or more of the total
annual income of the person and members of the household of the
person was received during the preceding calendar year and
whether the source existed during the preceding year, and whether
the source is derived from an entity that now does business or
could reasonably be expected to do business or has legislative or
administrative interest in the governmental agency of which the
public official is or the candidate if elected would be a member
or over which the public official has or the candidate if elected
would have authority.
(5)(a) The listing of all real property in which the public
official or candidate therefor or a member of the household of
the public official or candidate has or has had any personal,
beneficial ownership interest during the preceding calendar year,
any options to purchase or sell real property, including a land
sales contract, and any other rights of any kind in real property
located within the geographic boundaries of the governmental
agency of which the public official is or the candidate if
elected would be a member or over which the public official has
or the candidate if elected would have authority.
(b) This subsection does not require the listing of the
principal residence of the public official or candidate.
(6) { - (a) - } Notwithstanding ORS 244.020 (8)(c), if a
public official has received food, lodging and payment of travel
expenses exceeding $100 when participating in an event which
bears a relationship to the public official's office and when
appearing in an official capacity, the name, nature and business
address of the organization paying the expenses and the date and
amount of that expenditure.
{ - (b) Beginning on July 1, 1992, the dollar amount
specified in paragraph (a) of this subsection shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this paragraph shall
be rounded to the nearest dollar. - }
(7) Any honoraria { - exceeding $50 - } received during the
preceding calendar year by the person or a member of the
household of the person, the payer of the honoraria and the date
and time of the event for which the honoraria was received.
SECTION 3. ORS 244.120 is amended to read:
244.120. (1) Except as provided in subsection (2) of this
section, when met with an actual or potential conflict of
interest, a public official shall:
(a) If the public official is a member of the Legislative
Assembly, announce publicly, pursuant to rules of the house of
which the public official is a member, the nature of the conflict
before taking any action thereon in the capacity of a public
official.
(b) If the public official is a judge, remove the judge from
the case giving rise to the conflict or advise the parties of the
nature of the conflict.
(c) If the public official is any other appointed official
subject to this chapter, notify in writing the person who
appointed the public official to office of the { - nature - }
{ + existence + } of the conflict, and request that the
appointing authority dispose of the matter giving rise to the
conflict. { + The public official shall explain in writing the
nature of the conflict upon request of the appointing
authority. + } Upon receipt of the request { + for disposal + },
the appointing authority shall designate within a reasonable time
an alternate to dispose of the matter { - , - } or shall direct
the official to dispose of the matter in a manner specified by
the appointing authority.
(2) An elected public official, other than a member of the
Legislative Assembly, or an appointed public official serving on
a board or commission, shall:
(a) When met with a potential conflict of interest, announce
publicly the { - nature - } { + existence + } of the
potential conflict prior to taking any action thereon in the
capacity of a public official; or
(b) When met with an actual conflict of interest, announce
publicly the { - nature - } { + existence + } of the actual
conflict and:
(A) Except as provided in subparagraph (B) of this paragraph,
refrain from participating as a public official in any discussion
or debate on the issue out of which the actual conflict arises or
from voting on the issue.
(B) If any public official's vote is necessary to meet a
requirement of a minimum number of votes to take official action,
be eligible to vote, but not to participate as a public official
in any discussion or debate on the issue out of which the actual
conflict arises.
{ + (3) A public official subject to subsection (2) of this
section shall explain the nature of the conflict of interest at
the request of any person who is present at the time the public
official publicly announces the existence of the conflict. + }
{ - (3) - } { + (4) + } Nothing in { - subsection (1) or
(2) - } { + subsections (1) to (3) + } of this section requires
any public official to announce
{ - a - } { + the nature or existence of an actual or
potential + } conflict of interest more than once on the occasion
which the matter out of which the conflict arises is discussed or
debated.
{ - (4) - } { + (5) + } Nothing in this section authorizes
a public official to vote if the official is otherwise prohibited
from doing so.
SECTION 4. ORS 244.130 is amended to read:
244.130. (1) When a public official gives notice of { + the
nature or existence of + } an actual or potential conflict of
interest { + : + } { - , - }
{ + (a) + } The { + nature or existence of the + }actual or
potential conflict shall be recorded in the official records of
the public body { + ; + } { - , - } and
{ + (b) + } A notice of the { + nature or existence of
the + } actual or potential conflict and how it was disposed of
may in the discretion of the public body be provided { + to + }
the Oregon Government Standards and Practices Commission within a
reasonable period of time.
{ + (2) + } The commission may by rule establish criteria for
cases in which { - such information - } { + notice of the
nature or existence of an actual or potential conflict of
interest + } shall, shall not { - , - } or may be provided to
it { + under subsection (1) of this section + }.
{ - (2) - } { + (3) + } { - No - } { + A + } decision
or action of any public official or any board or commission on
which the public official serves or agency by which the public
official is employed { - shall - } { + may not + } be voided
by any court solely by reason of the failure of the public
official to disclose { + the nature or existence of + } an
actual or potential conflict of interest.
SECTION 5. ORS 244.260 is amended to read:
244.260. (1)(a) Upon { - its own instigation or - } signed
complaint of any person, the Oregon Government Standards and
Practices Commission may undertake action in the Preliminary
Review Phase with respect to the contents of any statements filed
under this chapter or resolution adopted pursuant thereto or any
alleged violation of any provision of this chapter.
(b) The public official who is the subject of a complaint
{ - or of the commission's own action - } shall be notified
immediately upon receipt of the complaint { - or upon adoption
of a motion by the commission to undertake any action concerning
the public official - } . The notice shall be given by telephone
if the official can be reached and shall also be in writing
mailed to the official. The notice shall include the nature of
the complaint { - or motion - } and a copy of all materials
submitted along with the complaint { + . + } { - or materials
which give rise to the commission's instigation of action on its
own motion. However, the official must also be notified in
advance if an issue that may give rise to a motion to undertake
action on the commission's own instigation is to be discussed at
a commission meeting. - }
(c) Before investigating any complaint { - or undertaking any
investigation at the commission's own instigation - } , if the
public official who is the subject of the complaint { - or of
the commission's own action - } is a member of the Legislative
Assembly, the commission shall determine whether the alleged
violation of any provision of this chapter involves conduct
protected by section 9, Article IV of the Oregon Constitution. If
the commission determines that the conduct is protected by
section 9, Article IV of the Oregon Constitution, the commission
shall dismiss the complaint { - or rescind its motion as
provided in paragraph (e) of this subsection - } .
(d) { + Before investigating any complaint, + } if the
complaint has not been dismissed { + , + } { - or the motion of
the commission has not been rescinded as described in paragraph
(c) of this subsection, before investigating any complaint or
undertaking an investigation on the commission's own
instigation, - } the commission shall make a finding that there
is cause to undertake an investigation, notify the public
official who is the subject of the investigation, identify the
issues to be examined and { - shall - } confine its
investigation to those issues. If the commission finds reason to
expand its investigation, it shall move to do so and shall record
in its minutes the issues to be examined before expanding the
scope of its investigation and formally notify the complainant
and the public official who is the subject of the complaint of
the expansion and the scope thereof.
(e) If the commission does not make a finding of cause, or if
the commission determines that the alleged violation of this
chapter involves conduct protected by section 9, Article IV of
the Oregon Constitution, the commission shall dismiss the
complaint
{ - or rescind its motion - } and shall formally enter the
dismissal { - or rescission - } on its records. The commission
shall notify the public official of the dismissal { - or
rescission - } . After dismissal { - or rescission - } , the
commission shall take no further action involving the public
official unless a new and different complaint { - is filed or
action at its own instigation is undertaken - } based on
different conduct { + is filed + }.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths and take depositions
necessary to determine whether there is cause or if the alleged
violation is protected by section 9, Article IV of the Oregon
Constitution; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999. The
procedure shall be that for a contested case under ORS 183.310 to
183.550.
(6)(a) The period of time from the filing of a complaint
{ - or from acting on the commission's own instigation - } to
the finding of cause or dismissal of the complaint { - or
rescission of the motion - } shall be termed the Preliminary
Review Phase and shall not exceed 90 days unless a delay is
stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause
{ - , - } { + or + } dismisses a complaint { - or rescinds a
motion - } . Prior to the end of the Preliminary Review Phase,
the executive director of the commission shall prepare a
statement of the facts determined during the phase, including
appropriate legal citations and relevant authorities. Before
presentation to the commission, the executive director's
statement shall be reviewed by legal counsel to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
public official may notify the commission that the official
elects to have the commission file a lawsuit against the official
in the Marion County Circuit Court in lieu of the contested case
proceeding. The public official shall notify the commission of
the election in writing no later than 21 days after receiving
notification of the commission's action by order to move to the
contested case proceeding. The commission shall file suit within
30 days after receiving notice that the public official has
elected the lawsuit procedure.
(9) The commission shall not inquire into or investigate any
complaint { - or act at its own instigation on - }
{ + regarding + } alleged conduct that occurred more than four
years before the complaint is filed { - or action is
undertaken - } .
(10) Nothing in this section is intended to prevent the
commission and the public official or other person alleged to
have violated this chapter from stipulating to a finding of fact
concerning the violation and consenting to an appropriate
penalty. The commission shall enter an order accordingly.
(11) As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 6. ORS 244.260, as amended by section 52, chapter 849,
Oregon Laws 1999, is amended to read:
244.260. (1)(a) Upon { - its own instigation or - } signed
complaint of any person, the Oregon Government Standards and
Practices Commission may undertake action in the Preliminary
Review Phase with respect to the contents of any statements filed
under this chapter or resolution adopted pursuant thereto or any
alleged violation of any provision of this chapter.
(b) The public official who is the subject of a complaint
{ - or of the commission's own action - } shall be notified
immediately upon receipt of the complaint { - or upon adoption
of a motion by the commission to undertake any action concerning
the public official - } . The notice shall be given by telephone
if the official can be reached and shall also be in writing
mailed to the official. The notice shall include the nature of
the complaint { - or motion - } and a copy of all materials
submitted along with the complaint { + . + } { - or materials
which give rise to the commission's instigation of action on its
own motion. However, the official must also be notified in
advance if an issue that may give rise to a motion to undertake
action on the commission's own instigation is to be discussed at
a commission meeting. - }
(c) Before investigating any complaint { - or undertaking any
investigation at the commission's own instigation - } , if the
public official who is the subject of the complaint { - or of
the commission's own action - } is a member of the Legislative
Assembly, the commission shall determine whether the alleged
violation of any provision of this chapter involves conduct
protected by section 9, Article IV of the Oregon Constitution. If
the commission determines that the conduct is protected by
section 9, Article IV of the Oregon Constitution, the commission
shall dismiss the complaint { - or rescind its motion as
provided in paragraph (e) of this subsection - } .
(d) { + Before investigating any complaint, + } if the
complaint has not been dismissed { + , + } { - or the motion of
the commission has not been rescinded as described in paragraph
(c) of this subsection, before investigating any complaint or
undertaking an investigation on the commission's own
instigation, - } the commission shall make a finding that there
is cause to undertake an investigation, notify the public
official who is the subject of the investigation, identify the
issues to be examined and { - shall - } confine its
investigation to those issues. If the commission finds reason to
expand its investigation, it shall move to do so and shall record
in its minutes the issues to be examined before expanding the
scope of its investigation and formally notify the complainant
and the public official who is the subject of the complaint of
the expansion and the scope thereof.
(e) If the commission does not make a finding of cause, or if
the commission determines that the alleged violation of this
chapter involves conduct protected by section 9, Article IV of
the Oregon Constitution, the commission shall dismiss the
complaint
{ - or rescind its motion - } and shall formally enter the
dismissal { - or rescission - } on its records. The commission
shall notify the public official of the dismissal { - or
rescission - } . After dismissal { - or rescission - } , the
commission shall take no further action involving the public
official unless a new and different complaint { - is filed or
action at its own instigation is undertaken - } based on
different conduct { + is filed + }.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths and take depositions
necessary to determine whether there is cause or if the alleged
violation is protected by section 9, Article IV of the Oregon
Constitution; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
hearing officer appointed by the commission. The procedure shall
be that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint
{ - or from acting on the commission's own instigation - } to
the finding of cause or dismissal of the complaint { - or
rescission of the motion - } shall be termed the Preliminary
Review Phase and shall not exceed 90 days unless a delay is
stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause
{ - , - } { + or + } dismisses a complaint { - or rescinds a
motion - } . Prior to the end of the Preliminary Review Phase,
the executive director of the commission shall prepare a
statement of the facts determined during the phase, including
appropriate legal citations and relevant authorities. Before
presentation to the commission, the executive director's
statement shall be reviewed by legal counsel to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
public official may notify the commission that the official
elects to have the commission file a lawsuit against the official
in the Marion County Circuit Court in lieu of the contested case
proceeding. The public official shall notify the commission of
the election in writing no later than 21 days after receiving
notification of the commission's action by order to move to the
contested case proceeding. The commission shall file suit within
30 days after receiving notice that the public official has
elected the lawsuit procedure.
(9) The commission shall not inquire into or investigate any
complaint { - or act at its own instigation on - }
{ + regarding + } alleged conduct that occurred more than four
years before the complaint is filed { - or action is
undertaken - } .
(10) Nothing in this section is intended to prevent the
commission and the public official or other person alleged to
have violated this chapter from stipulating to a finding of fact
concerning the violation and consenting to an appropriate
penalty. The commission shall enter an order accordingly.
(11) As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 7. ORS 244.250 is amended to read:
244.250. (1) The Oregon Government Standards and Practices
Commission is established, consisting of seven members appointed
in the following manner to be confirmed by the Senate:
(a) Four members appointed by the Governor from among persons
recommended, one each by the leadership of the Democratic and
Republican parties in each house of the Legislative Assembly. If
a person recommended by the leadership of the Democratic or
Republican party is not approved by the Governor, another person
shall be recommended.
(b) Three members appointed by the Governor without leadership
recommendation, no more than two of whom shall be from the same
major political party.
(2) No person who holds any public office listed in ORS 244.050
(1) except as a member of the commission shall be appointed to
the commission. No more than four members shall be members of the
same political party.
(3) The term of office is four years. No member shall be
eligible to be appointed to more than one full term but may serve
out an unexpired term. However, those members first appointed to
the commission serving less than a three-year term are eligible
for a second appointment for a full term. Vacancies shall be
filled by the appointing authority for the unexpired term.
(4) The commission shall elect a chairperson and vice
chairperson for such terms and duties as the commission may
require.
(5) A quorum consists of four members but no final decision may
be made without an affirmative vote of the majority of the
members appointed to the commission.
(6) Members shall be entitled to compensation and expenses as
provided in ORS 292.495.
(7) The commission may retain or appoint qualified legal
counsel who shall be a member of the Oregon State Bar and who
shall be responsible to the commission. The appointment of legal
counsel under this subsection shall be made only when the
commission finds it is inappropriate and contrary to the public
interest for the office of the Attorney General to represent
concurrently more than one public official or agency in any
matter before the commission because such representation would
create or tend to create a conflict of interest and is not
subject to ORS 180.230 or 180.235.
(8) The Attorney General shall not represent before the
commission any state public official who is the subject of any
complaint { - or action of the commission at the commission's
own instigation - } .
SECTION 8. ORS 244.350 is amended to read:
244.350. (1) { + (a) Except as provided in paragraph (b) of
this subsection, + } the Oregon Government Standards and
Practices Commission or the court under ORS 244.260 (8) may
impose civil penalties not to exceed $1,000 for violating any
provision of this chapter or any resolution adopted pursuant
thereto except that for violation of ORS 244.045 the commission
may impose a civil penalty of not to exceed $25,000.
{ + (b) A civil penalty may not be imposed under this
subsection if the violation occurred as a result of a public
official or relative of a public official acting upon the advice
of counsel representing the political subdivision of this state
or other public body that the public official serves, including
the State of Oregon. + }
(2) { + (a) Except as provided in paragraph (b) of this
subsection, + } the commission may also impose civil penalties
not to exceed $1,000 for violating any provision of ORS 192.660.
{ - However, - }
{ + (b) + } A civil penalty may not be imposed under this
subsection if the violation occurred as a result of the governing
body of the public body acting upon the advice of the public
body's counsel.
(3) Any penalty imposed under this section is in addition to
and not in lieu of any other penalty or sanction that may be
imposed according to law, including removal from office.
SECTION 9. ORS 171.745 is amended to read:
171.745. (1) A lobbyist registered with the Oregon Government
Standards and Practices Commission or required to register with
the commission shall, on January 31 and July 31, of each
even-numbered year, and on January 31, April 30 and July 31 of
each odd-numbered year, file with the commission a statement
showing:
(a) The total amount of all moneys expended by the lobbyist for
the purpose of lobbying in the preceding reporting period for:
(A) Food, refreshments and entertainment;
(B) Printing, postage and telephone;
(C) Advertising, public relations, education and research; and
(D) Miscellaneous; and
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of { - $25 - } { + $50 + } is made for the purposes of
lobbying, and the date, name of payee, purpose and amount of that
expenditure.
{ - (2) Beginning on July 1, 1979, the dollar amount
specified in subsection (1)(b) of this section shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest dollar. - }
{ - (3) - } { + (2) + } Statements required by this section
need not include amounts expended by the lobbyist for personal
living and travel expenses and office overhead, including
salaries and wages paid for staff and secretarial assistance, and
maintenance expenses. If the amount of any expenditure required
to be included in a statement is not accurately known at the time
the statement is required to be filed, an estimate of the
expenditure shall be submitted in the statement and designated as
an estimate. The exact amount expended for which a previous
estimate was made shall be submitted in a subsequent report when
the information is available.
{ - (4) - } { + (3) + } Notwithstanding ORS 171.735,
171.740 and subsections (1) { - to (3) - } { + and (2) + } of
this section, a registered lobbyist, who engages in lobbying
activities without compensation on behalf of an organization is
not required to register as a lobbyist for the organization as
long as the lobbying activity does not exceed the financial or
time limits set in ORS 171.735 (4).
{ - (5) - } { + (4) + } A statement required by this
section shall include a copy of any notice provided to a public
official under ORS 244.100 (3).
{ - (6) For each statement required by this section, an
entity comprised of more than one lobbyist may file one statement
that reports expenditures by the entity and not by individual
lobbyists. - }
SECTION 10. ORS 171.750 is amended to read:
171.750. (1) Any person on whose behalf a lobbyist was
registered, or was required to register with the Oregon
Government Standards and Practices Commission at any time during
the preceding calendar year, shall file with the commission, by
January 31st of each year, a statement showing, for the preceding
calendar year:
(a) The total amount of all moneys expended for lobbying
activities on the person's behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services.
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of { - $25 - } { + $50 + } for the purpose of lobbying
is made by the person, but not including information previously
reported in compliance with ORS 171.745, and the date, name of
payee, purpose and amount of that expenditure.
{ - (2) Using July 1, 1979, as the base, the dollar amount
specified in subsection (1)(b) of this section shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or its successor, during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest dollar. - }
{ - (3) - } { + (2) + } A statement required under
subsection (1) of this section shall include a copy of any notice
provided to a public official under ORS 244.100 (3).
SECTION 11. ORS 171.776 is amended to read:
171.776. (1) In addition to the duties prescribed in ORS
171.772, the Oregon Government Standards and Practices Commission
may make inquiries or investigations in the manner prescribed in
ORS 171.778 with respect to registrations, statements and reports
filed under ORS 171.725 to 171.785, and with respect to any
alleged failure to register or to file any statements or reports
required under ORS 171.725 to 171.785, and upon signed complaint
by any individual { - or on its own instigation - } , with
respect to apparent violation of any part of ORS 171.725 to
171.785.
(2) Upon written request of any lobbyist, lobbyist employer or
any person, or upon its own motion, the commission, under
signature of the chairperson, may issue and publish opinions on
the requirements of ORS 171.725 to 171.785, based on actual or
hypothetical circumstances.
(3) If any lobbyist or lobbyist employer associated with the
lobbyist is in doubt whether a proposed transaction or action
constitutes a violation of ORS 171.725 to 171.785, the lobbyist
or lobbyist employer may request in writing a determination from
the commission. The requester shall supply such information as
the commission requests to enable it to issue the interpretation.
(4) A lobbyist or lobbyist employer associated with the
lobbyist shall not be liable under ORS 171.725 to 171.785 for any
action or transaction carried out in accordance with an advisory
interpretation issued under subsection (3) of this section. Such
an advisory interpretation shall be considered a formal opinion
having precedential effect and shall be subject to review by
legal counsel to the commission before the interpretation is sent
to the requester.
SECTION 12. ORS 171.778 is amended to read:
171.778. (1) Upon { - its own instigation or - } signed
complaint of any person, the Oregon Government Standards and
Practices Commission may undertake action in the Preliminary
Review Phase with respect to any alleged violation of ORS 171.725
to 171.785. The person who is the subject of a complaint
{ - or of the commission's own action - } shall be notified
immediately upon receipt of the complaint { - or upon adoption
of a motion by the commission to undertake any action concerning
the person - } . The notice shall be given by telephone if the
person can be reached and a notice shall also be mailed to the
person. The notice shall include the nature of the complaint
{ - or motion - } and a copy of all materials submitted along
with the complaint { - or materials which give rise to the
commission's instigation of action on its own motion. However,
the person must also be notified in advance if an issue that may
give rise to a motion to undertake action on the commission's own
instigation is to be discussed at a commission meeting - } .
Before investigating any complaint { - or undertaking an
investigation on its own instigation - } , the commission shall
make a finding that there is cause to undertake an investigation,
notify the person who is the subject of the investigation,
identify the issues to be examined and shall confine its
investigation to those issues. If the commission finds reason to
expand its investigation, it shall move to do so and shall record
in its minutes the issues to be examined before expanding the
scope of its investigation and formally notify the complainant
and the person who is the subject of the complaint of the
expansion and the scope thereof. If the commission does not make
a finding of cause, it shall dismiss the complaint { - or
rescind its motion and shall - } { + and + } formally enter the
dismissal { - or rescission - } on its records. The commission
shall notify the person of the dismissal
{ - or rescission - } . After dismissal { - or rescission - }
, the commission shall take no further action involving the
person unless a new and different complaint { - is filed or
action at its own instigation is undertaken - } based on
different conduct { + is filed + }.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the person who is the subject thereof and to any employer of
the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the commission or before a
hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999. The
procedure shall be that for a contested case under ORS 183.310 to
183.550.
(6)(a) The period of time from the filing of a complaint
{ - or from acting on the commission's own instigation - } to
the finding of cause or dismissal of the complaint { - or
rescission of the motion - } shall be termed the Preliminary
Review Phase and shall not exceed 90 days unless a delay is
stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause
{ - , - } { + or + } dismisses a complaint { - or rescinds a
motion - } . Prior to the end of the Preliminary Review Phase,
the executive director of the commission shall prepare a
statement of the facts determined during the phase, including
appropriate legal citations and relevant authorities. Before
presentation to the commission, the executive director's
statement shall be reviewed by legal counsel to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
person may notify the commission that the person elects to have
the commission file a lawsuit against the person in the Marion
County Circuit Court in lieu of the contested case proceeding.
The court may impose the penalty described in ORS 171.992. The
person shall notify the commission of the election in writing no
later than 21 days after receiving notification of the
commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure.
(9) The commission shall not inquire into or investigate any
complaint { - or act at its own instigation on - }
{ + regarding + } alleged conduct that occurred more than four
years before the complaint is filed { - or action is
undertaken - } .
(10) Nothing in this section is intended to prevent the
commission and the person alleged to have violated ORS 171.725 to
171.785 from stipulating to a finding of fact concerning the
violation and consenting to an appropriate penalty. The
commission shall enter an order accordingly.
(11) As used in this section, 'cause' and 'pending' have the
meanings given those terms in ORS 244.260.
SECTION 13. ORS 171.778, as amended by section 49, chapter 849,
Oregon Laws 1999, is amended to read:
171.778. (1) Upon { - its own instigation or - } signed
complaint of any person, the Oregon Government Standards and
Practices Commission may undertake action in the Preliminary
Review Phase with respect to any alleged violation of ORS 171.725
to 171.785. The person who is the subject of a complaint
{ - or of the commission's own action - } shall be notified
immediately upon receipt of the complaint { - or upon adoption
of a motion by the commission to undertake any action concerning
the person - } . The notice shall be given by telephone if the
person can be reached and a notice shall also be mailed to the
person. The notice shall include the nature of the complaint
{ - or motion - } and a copy of all materials submitted along
with the complaint { - or materials which give rise to the
commission's instigation of action on its own motion. However,
the person must also be notified in advance if an issue that may
give rise to a motion to undertake action on the commission's own
instigation is to be discussed at a commission meeting - } .
Before investigating any complaint { - or undertaking an
investigation on its own instigation - } , the commission shall
make a finding that there is cause to undertake an investigation,
notify the person who is the subject of the investigation,
identify the issues to be examined and shall confine its
investigation to those issues. If the commission finds reason to
expand its investigation, it shall move to do so and shall record
in its minutes the issues to be examined before expanding the
scope of its investigation and formally notify the complainant
and the person who is the subject of the complaint of the
expansion and the scope thereof. If the commission does not make
a finding of cause, it shall dismiss the complaint { - or
rescind its motion and shall - } { + and + } formally enter the
dismissal { - or rescission - } on its records. The commission
shall notify the person of the dismissal
{ - or rescission - } . After dismissal { - or rescission - }
, the commission shall take no further action involving the
person unless a new and different complaint { - is filed or
action at its own instigation is undertaken - } based on
different conduct { + is filed + }.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the person who is the subject thereof and to any employer of
the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the commission or before a
hearing officer appointed by the commission. The procedure shall
be that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint
{ - or from acting on the commission's own instigation - } to
the finding of cause or dismissal of the complaint { - or
rescission of the motion - } shall be termed the Preliminary
Review Phase and shall not exceed 90 days unless a delay is
stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause
{ - , - } { + or + } dismisses a complaint { - or rescinds a
motion - } . Prior to the end of the Preliminary Review Phase,
the executive director of the commission shall prepare a
statement of the facts determined during the phase, including
appropriate legal citations and relevant authorities. Before
presentation to the commission, the executive director's
statement shall be reviewed by legal counsel to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
person may notify the commission that the person elects to have
the commission file a lawsuit against the person in the Marion
County Circuit Court in lieu of the contested case proceeding.
The court may impose the penalty described in ORS 171.992. The
person shall notify the commission of the election in writing no
later than 21 days after receiving notification of the
commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure.
(9) The commission shall not inquire into or investigate any
complaint { - or act at its own instigation on - }
{ + regarding + } alleged conduct that occurred more than four
years before the complaint is filed { - or action is
undertaken - } .
(10) Nothing in this section is intended to prevent the
commission and the person alleged to have violated ORS 171.725 to
171.785 from stipulating to a finding of fact concerning the
violation and consenting to an appropriate penalty. The
commission shall enter an order accordingly.
(11) As used in this section, 'cause' and 'pending' have the
meanings given those terms in ORS 244.260.
SECTION 14. ORS 192.650 is amended to read:
192.650. (1) The governing body of a public body shall provide
for the { + sound recording and the + } taking of written
minutes of all its meetings. { - Neither a full transcript nor
a recording of the meeting is required, - } Except as otherwise
provided by law, { + written minutes are not required to
contain a full transcript of a meeting. + } { - but the - }
Written minutes must give a true reflection of the matters
discussed at the meeting and the views of the participants. All
{ + written + } minutes { + and recordings + } shall be
available to the public within a reasonable time after the
meeting { - , and - } { + . Written minutes + } shall include
at least the following information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition;
(c) The results of all votes and, except for public bodies
consisting of more than 25 members unless requested by a member
of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public
records, a reference to any document discussed at the meeting but
such reference shall not affect the status of the document under
ORS 192.410 to 192.505.
(2) { - Minutes - } { + Sound recordings + } of executive
sessions shall be kept in accordance with subsection (1) of this
section. { - However, - } { + Written minutes of executive
sessions may be kept in accordance with subsection (1) of this
section. + } The minutes of a hearing held under ORS 332.061
shall contain only the material not excluded under ORS 332.061
(2). { - Instead of written minutes, a record of any executive
session may be kept in the form of a sound tape recording, which
need not be transcribed unless otherwise provided by law. - } If
the disclosure of certain material is inconsistent with the
purpose for which a meeting under ORS 192.660 is authorized to be
held, that material may be excluded from disclosure. However,
excluded materials are authorized to be examined privately by a
court in any legal action and the court shall determine their
admissibility.
SECTION 15. { + ORS 244.400 is repealed. + }
SECTION 16. { + (1) The amendments to ORS 244.040 and 244.060
by sections 1 and 2 of this 2003 Act apply to:
(a) The personal use of publicly owned equipment that occurs on
or after the effective date of this 2003 Act; and
(b) Honoraria solicited or received on or after the effective
date of this 2003 Act.
(2) The amendments to ORS 244.120 and 244.130 by sections 3 and
4 of this 2003 Act apply to actual or potential conflicts of
interest that must be announced on or after the effective date of
this 2003 Act.
(3) The amendments to ORS 244.250, 244.260, 171.776 and 171.778
by sections 5 to 7 and 11 to 13 of this 2003 Act do not apply to
actions undertaken by the Oregon Government Standards and
Practices Commission on its own instigation prior to the
effective date of this 2003 Act. Any action begun under ORS
244.250, 244.260, 171.776 and 171.778 upon the commission's own
instigation before the effective date of this 2003 Act in
accordance with the law then in effect may be completed after the
effective date of this 2003 Act as if ORS 244.250, 244.260,
171.776 and 171.778 had not been amended by sections 5 to 7 and
11 to 13 of this 2003 Act.
(4) The amendments to ORS 244.350 by section 8 of this 2003 Act
apply to civil penalties imposed for violations that occur on or
after the effective date of this 2003 Act.
(5) The amendments to ORS 171.745 and 171.750 by sections 9 and
10 of this 2003 Act apply to statements filed on or after the
effective date of this 2003 Act.
(6) The amendments to ORS 192.650 by section 14 of this 2003
Act apply to meetings held on or after the effective date of this
2003 Act.
(7) The repeal of ORS 244.400 by section 15 of this 2003 Act
applies to attorney fees for actions first undertaken by the
Oregon Government Standards and Practices Commission under ORS
244.260 on or after the effective date of this 2003 Act. + }
SECTION 17. { + The amendments to statutes by sections 1 to 13
of this 2003 Act and the repeal of ORS 244.400 by section 15 of
this 2003 Act do not:
(1) Affect any action, proceeding or prosecution begun before
and pending on the effective date of this 2003 Act; or
(2) Relieve a person of a liability, fee, fine, penalty, duty
or obligation accruing prior to the effective date of this 2003
Act. The Oregon Government Standards and Practices Commission may
undertake the collection or enforcement of any such liability,
fee, fine, penalty, duty or obligation. + }
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