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 2855
Senate Bill 851
Sponsored by Senators COURTNEY, WINTERS; Senators MESSERLE,
NELSON, Representatives BACKLUND, BERGER, BUTLER, JOHNSON,
MARCH
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.
Creates Oregon State Fair Foundation. Assigns duties to
foundation related to solicitation and acceptance of gifts,
grants and donations for support of Oregon State Fair and
Exposition Center.
Authorizes Director of Oregon State Fair and Exposition Center
to designate nonprofit organization created from or by foundation
as appropriate for purpose of soliciting and accepting gifts,
grants and donations for support of Oregon State Fair and
Exposition Center.
A BILL FOR AN ACT
Relating to Oregon State Fair Foundation; creating new
provisions; amending ORS 244.050, 565.107 and 565.109; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established within the Oregon
State Fair and Exposition Center the Oregon State Fair Foundation
composed of nine voting members appointed by the Director of the
Oregon State Fair and Exposition Center. A foundation member is
appointed for a term of three years and may be removed by the
director only upon a showing of good cause. A member is eligible
for reappointment. The director is a nonvoting ex officio member
of the foundation.
(2) The foundation may take action upon a majority vote of a
quorum of members. A majority of the voting members of the
foundation constitutes a quorum for the transaction of business.
(3) The foundation is subject to the provisions of ORS 30.260
to 30.300, 192.410 to 192.505 and 192.610 to 192.690.
(4) The foundation shall:
(a) Develop, maintain and implement plans for the solicitation
of gifts, grants and donations to the center or to the foundation
for the support of the center.
(b) Advise the director regarding the terms and conditions of
contracts or agreements to be entered into for the purpose of
securing gifts, grants and donation to the center or to the
foundation for the support of the center.
(c) Maintain records adequate to ensure that gifts, grants and
donations to the center, and moneys converted from gifts or
donations of other than money, are reserved for the purposes of
the gifts, grants and donations.
(d) Release for use by the director as provided in ORS 565.107
and 565.109, all moneys received by the foundation as gifts,
grants or donations and not required for the reasonable and
necessary operating expenses of the foundation. The foundation
shall inform the director of any purpose specified by the donor
of a gift, grant or donation that is released by the foundation
for use by the director.
(e) Follow generally accepted accounting principles and keep
financial and statistical information as necessary to completely
and accurately disclose the financial condition and financial
operations of the foundation as may be required by the Secretary
of State.
(f) Adopt rules for carrying out the responsibilities and
authority of the foundation.
(5) The foundation may:
(a) Solicit and accept gifts, grants and donations from public
and private sources in the name of the foundation.
(b) With the consent of the director, enter into contracts or
agreements to carry out the responsibilities and authority of the
foundation. ORS chapter 279 does not apply to a contract or
agreement entered into by the foundation.
(c) Expend moneys from the Oregon State Fair Foundation Fund
for the purposes set out in this section, including but not
limited to the reasonable and necessary operating expenses of the
foundation.
(d) Convert gifts or donations other than money into moneys.
(e) Become or create an organization that qualifies for
nonprofit status under federal tax laws.
(6) The Secretary of State shall audit the foundation and any
nonprofit organization described subsection (5) of this section
as part of the periodic audit of the center.
(7) A gift or donation to the foundation is a gift or donation
to the State of Oregon. + }
SECTION 2. { + There is created within the Oregon State Fair
and Exposition Center Account an Oregon State Fair Foundation
Fund. All moneys received by the Oregon State Fair and
Exposition Center and allocated to the Oregon State Fair
Foundation shall be credited to the Oregon State Fair Foundation
Fund. All moneys deposited in the account and credited to the
fund are continuously appropriated to the foundation for the
purposes of ORS 565.107 and 565.109 and section 1 of this 2003
Act. + }
SECTION 3. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Oregon Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health and Science University Board of Directors.
{ + (EE) Oregon State Fair Foundation. + }
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the primary
election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 4. ORS 565.107 is amended to read:
565.107. (1) The Oregon State Fair and Exposition Center
Account is created as an account separate and distinct from the
General Fund of the State Treasury. The account shall consist of:
(a) Proceeds from the sale of revenue bonds authorized to be
issued by ORS 565.095.
(b) Interest earned on moneys held for debt service payments,
rebates and the proceeds from the sale of revenue bonds pursuant
to ORS 565.095, notwithstanding ORS 293.140, including moneys
held since December 17, 1986. Such interest earnings shall be
separately accounted for within the account and shall be
available only for the purpose of retiring bond indebtedness.
(c) Moneys received by the Director of the Oregon State Fair
and Exposition Center from activities conducted at the Oregon
State Fair and the Oregon State Fair and Exposition Center.
(d) Moneys received by the director by appropriation, gift,
grant or other donation from any source or otherwise paid to the
director pursuant to law. Moneys received as a result of a gift,
grant or donation shall be separately accounted for within the
account and shall be available only for the purpose specified in
the gift, grant or donation or, if no purpose is specified, for
any purpose that the Oregon State Fair Commission determines is
consistent with the intent of the donor or grantor.
(e) Interest earned on moneys received by the director as a
result of a gift, grant or donation. The interest earnings shall
be separately accounted for within the account { + + }and shall
be available only for the purpose specified in the gift, grant or
donation or, if no purpose is specified, for any purpose that the
commission determines is consistent with the intent of the donor
or grantor. { + Interest earned on moneys credited to the Oregon
State Fair Foundation Fund shall be credited to the fund and be
subject to the limitations described in this subsection. + }
(2) The account created by subsection (1) of this section is
appropriated continuously to the director for the payment of:
(a) Operating and other expenses of the Oregon State Fair and
the center.
(b) Land acquisition, capital construction and capital
improvements at the Oregon State Fair and the center.
(c) Principal and interest on all revenue bonds issued pursuant
to ORS 565.095.
(d) Any purpose designated by the donor or grantor of a gift,
grant or donation, or for any other purpose that the commission
determines is consistent with the intent of the donor or grantor,
to the extent of gift, grant, donation and resulting interest
moneys within the account.
{ + (3) Notwithstanding subsection (2) of this section,
moneys in the Oregon State Fair Foundation Fund are not available
for use by the director until released by the Oregon State Fair
Foundation and received by the director. Any purpose designated
by the donor or grantor of a gift, grant or donation to the
foundation continues to be the purpose of moneys released by the
foundation and received by the director. The director may use
such moneys only as described in ORS 565.109. + }
SECTION 5. ORS 565.109 is amended to read:
565.109. { + (1) + } The Director of the Oregon State Fair and
Exposition Center may accept gifts, grants and donations of
moneys, property or any other valuable thing on behalf of the
Oregon State Fair and Exposition Center. Unless use of moneys,
property or valuable things received under this section is
limited by the donor or grantor, the moneys, property or valuable
thing may be used in any manner that the Oregon State Fair
Commission determines to be consistent with the intent of the
donor or grantor.
{ + (2) The director may designate any nonprofit organization
created pursuant to section 1 of this 2003 Act as an appropriate
organization to solicit and accept contributions for the support
of the center. The director may cooperate with any such
organization for the purpose of soliciting and accepting gifts,
grants and donations to the center or soliciting and accepting
gifts, grants and donations to the organization for the support
of the center. + }
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