Chapter 813
AN ACT
SB 614
Relating to public borrowing for health care
facilities; amending ORS 244.050 and 441.540.
Be It Enacted by the People of
the State of
SECTION 1. ORS 441.540 is amended to read:
441.540. (1) An authority shall be managed and controlled by a board of
directors, who shall be appointed by the governing body. The directors may be
removed for cause or at the will of the governing body. The directors shall
serve without compensation. However, the authority may reimburse the directors
for their expenses incurred in the performance of their duties.
(2) The board of
directors shall adopt and may amend rules for calling and conducting its
meetings and carrying out its business and may adopt an official seal. All
decisions of the board shall be by motion or resolution and shall be recorded
in the board’s minute book which shall be a public record. A majority of the
board shall constitute a quorum for the transaction of business and a majority
thereof shall be sufficient for the passage of any such motion or resolution.
(3) The board may employ
such employees and agents as it deems appropriate and provide for their
compensation.
(4) Notwithstanding
the exception for pecuniary benefit or detriment described in ORS 244.020
(14)(c), a director is a public official subject to the requirements of ORS
chapter 244 based on an actual conflict of interest or a potential conflict of
interest arising out of the director’s relationship with a nonprofit
corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code, including employment with the nonprofit corporation
or a relationship with a foundation that provides assistance to the nonprofit
corporation.
SECTION 2. 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) State Fish and
Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human
Services.
(K) Director of the
Department of Consumer and Business Services.
(L) Director of the
Department of State Lands.
(M) State Librarian.
(N) Administrator of
(O) Superintendent of
State Police.
(P) Director of the
Public Employees Retirement System.
(Q) Director of
Department of Revenue.
(R) Director of
Transportation.
(S) Public Utility
Commissioner.
(T) Director of Veterans’
Affairs.
(U) Executive Director
of
(V) Director of the
State Department of Energy.
(W) 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) Board of Geologic
and Mineral Industries.
(B)
(C) State Board of
Education.
(D) Environmental
Quality Commission.
(E) Fish and Wildlife
Commission of the State of
(F) State Board of
Forestry.
(G)
(H)
(I) State Board of
Higher Education.
(J)
(K) Land Conservation
and Development Commission.
(L)
(M)
(N) State Marine Board.
(O) Mass transit
district boards.
(P) Energy Facility
Siting Council.
(Q) Board of
Commissioners of the
(R) Employment Relations
Board.
(S) Public Employees
Retirement Board.
(T)
(U)
(V) Wage and Hour
Commission.
(W) Water Resources
Commission.
(X) Workers’
Compensation Board.
(Y)
(Z)
(AA)
(BB)
(CC)
(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.
(r) Every member of the
board of commissioners of a port governed by ORS 777.005 to 777.725 and 777.915
to 777.953.
(s) Every member of
the board of directors of an authority created under ORS 441.525 to 441.595.
(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 deadline 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 deadline 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, or who was nominated for elective
public office described in subsection (1) of this section at the preceding
primary election by write-in votes, 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.
(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 deadline 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 183.745, 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.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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