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 497
A-Engrossed
Senate Bill 141
Ordered by the Senate August 26
Including Senate Amendments dated August 26
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Bill
Bradbury)
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.
{ - Prohibits use of undue influence with intent to induce
person to sign or refrain from signing initiative, referendum or
recall petition. - }
{ - Allows candidates, political parties and political
committees to distribute items with retail value of less than
$1. - }
{ - Allows individuals or political committees to provide
food and beverages with value of less than $3 per person at
certain political gatherings. - }
{ + Amends House Bill 3328 (2003).
Deletes provision allowing relative of public official to
receive food, lodging and travel expenses.
Limits public officials who may receive food, lodging and
travel expenses. Provides that modifications regarding food,
lodging and travel expenses become operative January 2, 2006.
Deletes provision allowing receipt of thing of economic value
unless source has legislative or administrative interest.
Provides $100 per calendar year limit on gifts to public
officials and relatives, regardless of whether source of gift has
legislative or administrative interest.
Prohibits receipt of honoraria in excess of $100 limit from
source with legislative or administrative interest.
Directs Oregon Government Standards and Practices Commission to
report to Legislative Assembly regarding public official receipt
of food, lodging and travel expenses.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to undue influence; creating new provisions; amending
ORS 244.020, 244.040, 244.060 and 244.100; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. If House Bill 3328 becomes law, ORS 244.020, as
amended by section 1, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or a relative of the
person or any business with which the person or a relative of the
person is associated unless the pecuniary benefit or detriment
arises out of circumstances described in subsection (7) of this
section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or director or in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or a relative of the person is a director, officer,
owner or employee, or agent or any private business or closely
held corporation in which the person or a relative of the person
owns or has owned stock, another form of equity interest, stock
options or debt instruments worth $1,000 or more at any point in
the preceding calendar year;
(b) Any publicly held corporation in which the person or a
relative of the person owns or has owned $100,000 or more in
stock or another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or a
relative of the person is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or a relative of the
person, or a business with which the person or a relative of the
person is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or a relative of the person or business with which the
person or a relative of the person is associated, is a member or
is engaged. The commission may by rule limit the minimum size of
or otherwise establish criteria for or identify the smaller
classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or a relative of the public official without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or a relative of the public official
for valuable consideration less than that required from others
who are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when a
public official or a relative of the public official participates
in an event that bears a relationship to the public official's
office and when the public official appears in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or a relative of the
public official in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or a relative
of the public official in the presence of the purchaser or
provider thereof and the value of the entertainment does not
exceed $100 per person on a single occasion and is not greater
than $250 in any one calendar year.
{ + (f) Honoraria, except as prohibited under ORS 244.040 (7)
to (9), solicited or received from a source that could not
reasonably be known to have a legislative or administrative
interest in any governmental agency in which the public 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. + }
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 2. If House Bill 3328 becomes law, ORS 244.020, as
amended by section 1, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), and section 1 of this 2003 Act, is amended to
read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or a relative of the
person or any business with which the person or a relative of the
person is associated unless the pecuniary benefit or detriment
arises out of circumstances described in subsection (7) of this
section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or director or in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or a relative of the person is a director, officer,
owner or employee, or agent or any private business or closely
held corporation in which the person or a relative of the person
owns or has owned stock, another form of equity interest, stock
options or debt instruments worth $1,000 or more at any point in
the preceding calendar year;
(b) Any publicly held corporation in which the person or a
relative of the person owns or has owned $100,000 or more in
stock or another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or a
relative of the person is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or a relative of the
person, or a business with which the person or a relative of the
person is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or a relative of the person or business with which the
person or a relative of the person is associated, is a member or
is engaged. The commission may by rule limit the minimum size of
or otherwise establish criteria for or identify the smaller
classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or a relative of the public official without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or a relative of the public official
for valuable consideration less than that required from others
who are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel { + to
or by a public official + } when { - a - } { + the + } public
official { - or a relative of the public official - }
participates in an event that bears a relationship to the public
official's office and when the public official appears in an
official capacity, subject to the reporting requirement of ORS
244.060 (6). { + For purposes of this paragraph, ' public
official' means a person who, when an alleged violation of this
chapter occurs, is serving the State of Oregon or any of its
political subdivisions or any other public body of the state as
an officer or employee, but does not include any member of the
personal staff of a member of the Legislative Assembly. + }
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or a relative of the
public official in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or a relative
of the public official in the presence of the purchaser or
provider thereof and the value of the entertainment does not
exceed $100 per person on a single occasion and is not greater
than $250 in any one calendar year.
(f) Honoraria, except as prohibited under ORS 244.040 (7) to
(9), solicited or received from a source that could not
reasonably be known to have a legislative or administrative
interest in any governmental agency in which the public 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.
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 3. { + The amendments to ORS 244.020 by section 2 of
this 2003 Act become operative on January 2, 2006. + }
SECTION 4. If both House Bill 3328 and Senate Bill 81 become
law, ORS 244.020, as amended by section 115, chapter 14, Oregon
Laws 2003 (Enrolled Senate Bill 81), and section 1a, chapter ___,
Oregon Laws 2003 (Enrolled House Bill 3328), is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or a relative of the
person or any business with which the person or a relative of the
person is associated unless the pecuniary benefit or detriment
arises out of circumstances described in subsection (14) of this
section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or director or in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or a relative of the person is a director, officer,
owner or employee, or agent or any private business or closely
held corporation in which the person or a relative of the person
owns or has owned stock, another form of equity interest, stock
options or debt instruments worth $1,000 or more at any point in
the preceding calendar year;
(b) Any publicly held corporation in which the person or a
relative of the person owns or has owned $100,000 or more in
stock or another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or a
relative of the person is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Gift' means something of economic value given to a public
official or a relative of the public official without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or a relative of the public official
for valuable consideration less than that required from others
who are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when a
public official or a relative of the public official participates
in an event that bears a relationship to the public official's
office and when the public official appears in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or a relative of the
public official in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or a relative
of the public official in the presence of the purchaser or
provider thereof and the value of the entertainment does not
exceed $100 per person on a single occasion and is not greater
than $250 in any one calendar year.
{ + (f) Honoraria, except as prohibited under ORS 244.040 (7)
to (9), solicited or received from a source that could not
reasonably be known to have a legislative or administrative
interest in any governmental agency in which the public 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. + }
(8) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(9) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(10) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(11) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(12) 'Member of household' means any relative who resides with
the public official.
(13) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(14) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or a relative of the
person, or a business with which the person or a relative of the
person is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or a relative of the person or business with which the
person or a relative of the person is associated, is a member or
is engaged. The commission may by rule limit the minimum size of
or otherwise establish criteria for or identify the smaller
classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statement of economic interest' means a statement as
described by ORS 244.060 to 244.080.
(18) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(19) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 5. If both House Bill 3328 and Senate Bill 81 become
law, ORS 244.020, as amended by section 115, chapter 14, Oregon
Laws 2003 (Enrolled Senate Bill 81), section 1a, chapter ___,
Oregon Laws 2003 (Enrolled House Bill 3328), and section 4 of
this 2003 Act, is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or a relative of the
person or any business with which the person or a relative of the
person is associated unless the pecuniary benefit or detriment
arises out of circumstances described in subsection (14) of this
section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or director or in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or a relative of the person is a director, officer,
owner or employee, or agent or any private business or closely
held corporation in which the person or a relative of the person
owns or has owned stock, another form of equity interest, stock
options or debt instruments worth $1,000 or more at any point in
the preceding calendar year;
(b) Any publicly held corporation in which the person or a
relative of the person owns or has owned $100,000 or more in
stock or another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or a
relative of the person is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Gift' means something of economic value given to a public
official or a relative of the public official without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or a relative of the public official
for valuable consideration less than that required from others
who are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel { + to
or by a public official + }when { - a - } { + the + } public
official { - or a relative of the public official - }
participates in an event that bears a relationship to the public
official's office and when the public official appears in an
official capacity, subject to the reporting requirement of ORS
244.060 (6). { + For purposes of this paragraph, ' public
official' means a person who, when an alleged violation of this
chapter occurs, is serving the State of Oregon or any of its
political subdivisions or any other public body of the state as
an officer or employee, but does not include any member of the
personal staff of a member of the Legislative Assembly. + }
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or a relative of the
public official in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or a relative
of the public official in the presence of the purchaser or
provider thereof and the value of the entertainment does not
exceed $100 per person on a single occasion and is not greater
than $250 in any one calendar year.
(f) Honoraria, except as prohibited under ORS 244.040 (7) to
(9), solicited or received from a source that could not
reasonably be known to have a legislative or administrative
interest in any governmental agency in which the public 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.
(8) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(9) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(10) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(11) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(12) 'Member of household' means any relative who resides with
the public official.
(13) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(14) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or a relative of the
person, or a business with which the person or a relative of the
person is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or a relative of the person or business with which the
person or a relative of the person is associated, is a member or
is engaged. The commission may by rule limit the minimum size of
or otherwise establish criteria for or identify the smaller
classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statement of economic interest' means a statement as
described by ORS 244.060 to 244.080.
(18) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(19) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 6. { + The amendments to ORS 244.020 by section 5 of
this 2003 Act become operative on January 2, 2006. + }
SECTION 7. If House Bill 3328 becomes law, ORS 244.040, as
amended by section 2, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), 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 public official may not use or attempt to use official
position or office to obtain financial gain or avoidance of
financial detriment for the public official or a relative of the
public official, 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;
(b) Honoraria except as prohibited in subsections (7) to (9) of
this section;
(c) Reimbursement of expenses;
(d) An unsolicited award for professional achievement;
(e) { - The receipt by a public official or a relative of a
public official of something of economic value, without valuable
consideration of equivalent value, from any single source unless
the thing of economic value is received from a source that could
reasonably be known to have a legislative or administrative
interest in any governmental agency in which the official has any
official position or office or over which the official exercises
any authority - } { + Gifts that do not exceed the $100 limit
under subsection (2) of this section received by a public
official or a relative of the public official, or the receipt by
a public official or the relative of the public official of any
item, regardless of value, that is expressly excluded from the
definition of gift in ORS 244.020 (8) + };
(f) The receipt by a public official or a relative of the
public official of any nonremunerative benefit specifically
approved by ordinance, resolution or rule by the political
subdivision, other public body or state agency that the public
official serves or by which the public official is employed; or
(g) Any recommendation made by a public official in any
budgeting process or other negotiation with respect to an
increase in the salary or other compensation of the public
official or a relative of the public official.
(2) A public official or candidate for office or a relative of
the public official or candidate may not 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 { - that 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) A public official may not solicit or receive, either
directly or indirectly, and a person may not 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) A public official may not 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) A person may not 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) A person may not 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.
(7) A statewide official may not solicit or receive, whether
directly or indirectly, honoraria for the statewide official or
for any member of the household of the official. A candidate for
statewide office may not solicit or receive, whether directly or
indirectly, honoraria for the candidate or for any member of the
household of the candidate.
(8) Except as provided in subsection (10) of this section, a
legislative official may not solicit or receive, whether directly
or indirectly, honoraria for the legislative official or for any
member of the household of the official:
(a) In any amount for an appearance within this state;
(b) In an amount exceeding $1,500 for an appearance outside
this state; or
(c) In any amount for an appearance during a legislative
session, regardless of location.
(9) Except as provided in subsection (10) of this section, a
candidate for legislative office may not solicit or receive,
whether directly or indirectly, honoraria for the candidate or
for any member of the household of the candidate:
(a) In any amount for an appearance within this state; or
(b) In an amount exceeding $1,500 for an appearance outside
this state.
(10) A legislative official or candidate for legislative office
may solicit or receive honoraria for services performed in
relation to the private profession or occupation of the
legislative official or candidate.
(11) Any public official not described in subsections (7) to
(10) of this section or a member of the public official's
household may receive honoraria.
SECTION 8. If House Bill 3328 becomes law, ORS 244.060, as
amended by section 3, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), 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
{ - or a relative of the 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 9. { + The amendments to ORS 244.060 by section 8 of
this 2003 Act become operative on January 2, 2006. + }
SECTION 10. If House Bill 3328 becomes law, ORS 244.100, as
amended by section 4, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), is amended to read:
244.100. (1) The Oregon Government Standards and Practices
Commission by rule may require the disclosure and reporting of
gifts or other compensation made to or received by a public
official or candidate for elective office { + or a relative of
the public official or candidate + }.
(2) The commission by rule may exempt from the gift limitation
contained in ORS 244.040, any gift of food or beverage but may
require that when gifts of food or beverage exceed a dollar
amount fixed by the commission, the source thereof shall be
disclosed on a form prescribed by the commission.
(3) In addition to any disclosures or reports required under
subsections (1) and (2) of this section, any person or
organization that provides a public official or a relative of the
public official with food, lodging or travel expenses exceeding
$50, as described in ORS 244.060 (6), shall notify the public
official in writing of the amount of the expense. The notice
shall be sent to the public official within 10 days from the date
such expenses are incurred.
{ + (4) Not later than June 1 of each calendar year, the
Oregon Government Standards and Practices Commission shall submit
a report to the Legislative Assembly as provided in ORS 192.235
to 192.245. The report shall list the name of each public
official and relative of the public official who, during the
preceding calendar year, has received food, lodging and payment
of travel expenses as described in ORS 244.020 (8)(c) exceeding
$100, the name, nature and business address of the organization
paying the expenses and the date and amount of that
expenditure. + }
SECTION 11. If House Bill 3328 becomes law, ORS 244.100, as
amended by section 4, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 3328), and section 10 of this 2003 Act, is amended to
read:
244.100. (1) The Oregon Government Standards and Practices
Commission by rule may require the disclosure and reporting of
gifts or other compensation made to or received by a public
official or candidate for elective office or a relative of the
public official or candidate.
(2) The commission by rule may exempt from the gift limitation
contained in ORS 244.040, any gift of food or beverage but may
require that when gifts of food or beverage exceed a dollar
amount fixed by the commission, the source thereof shall be
disclosed on a form prescribed by the commission.
(3) In addition to any disclosures or reports required under
subsections (1) and (2) of this section, any person or
organization that provides a public official { - or a relative
of the public official - } with food, lodging or travel expenses
exceeding $50, as described in ORS 244.060 (6), shall notify the
public official in writing of the amount of the expense. The
notice shall be sent to the public official within 10 days from
the date such expenses are incurred.
(4) Not later than June 1 of each calendar year, the Oregon
Government Standards and Practices Commission shall submit a
report to the Legislative Assembly as provided in ORS 192.235 to
192.245. The report shall list the name of each public official
{ - and relative of the public official - } who, during the
preceding calendar year, has received food, lodging and payment
of travel expenses as described in ORS 244.020 (8)(c) exceeding
$100, the name, nature and business address of the organization
paying the expenses and the date and amount of that expenditure.
SECTION 12. { + The amendments to ORS 244.100 by section 11 of
this 2003 Act become operative on January 2, 2006. + }
SECTION 13. { + (1) The amendments to ORS 244.020 and 244.040
by sections 1, 4 and 7 of this 2003 Act apply to:
(a) Activities that occur on or after the effective date of
this 2003 Act; and
(b) Complaints received and proceedings, actions, prosecutions
or 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) The amendments to ORS 244.020 by sections 2 and 5 of this
2003 Act apply to:
(a) Activities that occur on or after January 2, 2006; and
(b) Complaints received and proceedings, actions, prosecutions
or other business or matters undertaken or commenced under any
provision of ORS chapter 244 on or after January 2, 2006.
(3) The amendments to ORS 244.060 by section 8 of this 2003 Act
apply to statements filed on or after January 2, 2006, with
respect to food, lodging and payment of travel expenses received
on or after January 2, 2006.
(4) The amendments to ORS 244.100 by section 10 of this 2003
Act apply to food, lodging and travel expenses received on or
after the effective date of this 2003 Act.
(5) The amendments to ORS 244.100 by section 11 of this 2003
Act apply to:
(a) Notices regarding food, lodging and travel expenses
provided on or after January 2, 2006; and
(b) Food, lodging and travel expenses received on or after
January 2, 2006. + }
SECTION 14. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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