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 2470
Senate Bill 861
Sponsored by COMMITTEE ON RULES (at the request of Money in
Politics Research Action Project)
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.
Modifies content of statement of economic interest required to
be filed with Oregon Government Standards and Practices
Commission.
Directs Oregon Government Standards and Practices Commission to
charge public bodies amount based on number of public officials
serving public body for purposes of funding activities of
commission.
Directs Oregon Government Standards and Practices Commission to
allow filing of statements of economic interest on Internet.
Directs commission to allow public access to statements using
Internet.
Modifies qualifications for members of Oregon Government
Standards and Practices Commission.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to activities regulated by the Oregon Government
Standards and Practices Commission; creating new provisions;
amending ORS 244.020, 244.060, 244.100 and 244.250; repealing
ORS 244.400; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) The names of the spouse and children or other
dependents of the person and the names of clients of the spouse,
children or other dependents of the person.
(6) The total amount of employment income of the person during
the preceding calendar year, the total amount of investment
income of the person during the preceding calendar year, the
total value of all real property in which the person had any
personal, beneficial ownership interest during the preceding
calendar year and the total amount of earnings the person
received from clients during the preceding calendar year. The
amounts or values described in this subsection shall be reported
within the following ranges:
(a) Less than $5,001.
(b) $5,001 to $25,000.
(c) $25,001 to $50,000.
(d) $50,001 to $100,000.
(e) $100,001 to $200,000.
(f) More than $200,000. + }
{ - (5)(a) - } { + (7)(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) - } { + (8)(a) + } Notwithstanding ORS 244.020
{ - (8)(c) - } { + (9)(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) - } { + (9) + } 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 2. { + Sections 3 and 4 of this 2003 Act are added to
and made a part of ORS chapter 244. + }
SECTION 3. { + (1) The Oregon Government Standards and
Practices Commission shall adopt a filing system under which
statements of economic interest required under ORS 244.050 may be
filed with the commission in an electronic format using the
Internet. The commission may not charge a fee for filing a
statement under this subsection.
(2) The commission shall provide training on procedures for
filing statements under subsection (1) of this section.
(3) The commission shall make statements of economic interest
filed under ORS 244.050 available for review by the public using
the Internet. The statements shall be made available in a
searchable format.
(4) As used in this section, 'Internet' has the meaning given
that term in ORS 167.117. + }
SECTION 4. { + (1) The Oregon Government Standards and
Practices Commission shall estimate in advance the expenses that
it will incur during the biennium in carrying out the provisions
of ORS chapter 244.
(2) The commission shall charge each public body as defined in
ORS 174.109, other than the legislative department as defined in
ORS 174.114, for the public body's share of the expenses
described in subsection (1) of this section for the biennium. The
charges shall be in an amount not less than $3 and not more than
$5 per public official serving the public body against which the
fee is charged.
(3) Each public body shall pay to the credit of the commission
the charge described in this section as an administrative expense
from funds or appropriations available to it in the same manner
as other claims against the public body are paid.
(4) All moneys received by the commission under this section
shall be credited to the Oregon Government Standards and
Practices Commission Account established under ORS 244.345.
(5) The commission shall adopt rules specifying the methods for
calculating and collecting the charges described in this section.
(6) Beginning on July 1, 2005, the commission shall adjust the
dollar range specified in subsection (2) of this subsection
annually based upon the change in the Portland-Salem, OR-WA,
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 commission shall round the amount determined
under this paragraph to the nearest dollar. + }
SECTION 5. 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 - } { + may + } be members of the same political
party.
{ + (3) The following persons may not be members of the
commission:
(a) A person who holds any public office listed in ORS 255.050
(1) except as a member of the commission;
(b) A person who is a candidate for elective public office;
(c) A person who has held an elective public office in this
state or been a candidate for elective public office in this
state within two years of the person's appointment to the
commission;
(d) A person who is a treasurer or director of a political
committee as defined in ORS 260.005;
(e) A person who is an officer or employee of a political
party;
(f) A person who is a party to any contract with any public
body as defined in ORS 174.109 subject to the provisions of this
chapter;
(g) A person who is a registered lobbyist under ORS 171.725 to
171.785; or
(h) A person who is an employee of, or a member of the board of
directors of a person required to file a statement under ORS
171.750. + }
{ - (3) - } { + (4) + } The term of office is four years.
{ - No - } { + A + } member
{ - shall be - } { + is not + } 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) - } { + (5) + } The commission shall elect a
chairperson and vice chairperson for such terms and duties as the
commission may require.
{ - (5) - } { + (6) + } 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) - } { + (7) + } Members shall be entitled to
compensation and expenses as provided in ORS 292.495.
{ - (7) - } { + (8) + } 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) - } { + (9) + } 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 6. ORS 244.020 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 the person's
relative 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) - } { + (8) + } 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
is associated 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 the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative 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 the
person's relative 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 the
person's relative 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) 'Client' means a person for whom a person agrees to
provide personal services for money or any other
consideration. + }
{ - (4) - } { + (5) + } 'Commission' means the Oregon
Government Standards and Practices Commission.
{ - (5) - } { + (6) + } '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) - } { + (7) + } 'Expenditure' has the meaning given
that term in ORS 260.005.
{ - (7) - } { + (8) + } '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 the person's relative, or a business with which the
person or the person's relative 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 the person's relative or business with which the
person or the person's relative 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) - } { + (9) + } 'Gift' means something of economic
value given to a public official or the public official's
relative 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 the
public official's relative 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
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
{ - (6) - } { + (8) + }.
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives 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 the public
official's relatives 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.
{ - (9) - } { + (10) + } '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) - } { + (11) + } '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) - } { + (12) + } '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) - } { + (13) + } '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) - } { + (14) + } 'Member of household' means any
relative who resides with the public official.
{ - (14) - } { + (15) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
{ - (15) - } { + (16) + } '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) - } { + (17) + } '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) - } { + (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.
{ - (18) - } { + (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 7. ORS 244.100 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.
(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 with food, lodging
or travel expenses exceeding $50, as described in ORS 244.060
{ - (6) - } { + (8) + }, 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.
SECTION 8. { + ORS 244.400 is repealed. + }
SECTION 9. { + (1) The amendments to ORS 244.020 and 244.060
by sections 1 and 6 of this 2003 Act apply to statements of
economic interest filed on or after the operative date of the
amendments to ORS 244.020 and 244.060 by sections 1 and 6 of this
2003 Act.
(2) The amendments to ORS 244.250 by section 5 of this 2003 Act
apply to appointments made on or after the operative date of the
amendments to ORS 244.250 by section 5 of this 2003 Act.
(3) The repeal of ORS 244.400 by section 8 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 operative date of the repeal of ORS
244.400 by section 8 of this 2003 Act.
(4) The Oregon Government Standards and Practices Commission
shall first impose charges under section 4 of this 2003 Act for
the biennium beginning July 1, 2003. + }
SECTION 10. { + Sections 3 and 4 of this 2003 Act, the
amendments to statutes by sections 1 and 5 to 7 of this 2003 Act
and the repeal of ORS 244.400 by section 8 of this 2003 Act do
not:
(1) Affect any action, proceeding or prosecution begun before
and pending on the operative date of section 3 of this 2003 Act,
the amendments to statutes by sections 1 and 5 to 7 of this 2003
Act and the repeal of ORS 244.400 by section 8 of this 2003 Act;
or
(2) Relieve a person of a liability, fee, fine, penalty, duty
or obligation accruing prior to the operative date of section 3
of this 2003 Act, the amendments to statutes by sections 1 and 5
to 7 of this 2003 Act and the repeal of ORS 244.400 by section 8
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. + }
SECTION 11. { + (1) Section 3 of this 2003 Act and the
amendments to ORS 244.020, 244.060, 244.100 and 244.250 by
sections 1 and 5 to 7 of this 2003 Act and the repeal of ORS
244.400 by section 8 of this 2003 Act become operative January 1,
2004.
(2) The Oregon Government Standards and Practices Commission
may adopt rules or take any other action before the operative
date specified in subsection (1) of this section that is
necessary to enable the commission to exercise, on and after the
operative date specified in subsection (1) of this section, all
the duties, functions and powers conferred on the commission by
this 2003 Act. + }
SECTION 12. { + 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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