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 3001
House Bill 3353
Sponsored by COMMITTEE ON JUDICIARY (at the request of Special
Districts Association of Oregon)
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.
Exempts certain compensation and fringe benefits provided in
manner designated by public body from prohibition on using
official position to obtain financial gain or avoid financial
detriment.
A BILL FOR AN ACT
Relating to public official ethics; creating new provisions; and
amending ORS 244.040.
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 actual conflicts of interest or potential conflicts of
interest are announced or disclosed pursuant to ORS 244.120:
(1)(a) 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 compensation packages, including any compensation
or fringe benefits provided in any manner designated by the
public body providing the compensation package;
(B) Honoraria, except as prohibited in paragraphs (b) and (c)
of this subsection;
(C) Reimbursement of expenses; or
(D) An unsolicited award for professional achievement + }.
(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. { + (1) The amendments to ORS 244.040 by section 1
of this 2003 Act apply to complaints received and proceedings,
actions, prosecutions and other business or matters undertaken or
commenced under any provision of ORS chapter 244 on or after the
effective date of this 2003 Act.
(2) Any proceeding, action, prosecution or other business or
matter undertaken or commenced before the effective date of this
2003 Act by the Oregon Government Standards and Practices
Commission under any provision of ORS chapter 244 and still
pending on the effective date of this 2003 Act may be conducted
and completed by the commission in the same manner, under the
same terms and conditions and with the same effect as though
conducted or completed before the effective date of this 2003
Act.
(3) Nothing in the amendments to ORS 244.040 by section 1 of
this 2003 Act relieves any person of any obligation with respect
to a tax, fee, fine, civil penalty or other charge, interest,
penalty, forfeiture or other liability, duty or obligation. + }
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